Issuu on Google+

The University of Virginia School of Law

Fall 2013

Judging the Bench


“[The] practice of Judge Marshall of travelling out of his case to prescribe what the law would be in a moot case not before the court, is very irregular and very censurable.” —Thomas Jefferson to William Johnson, 1823.

Upcoming Alumni Events February 19

Atlanta Luncheon Four Seasons Hotel

February 19

Birmingham Reception Summit Club

February 26

NYC Luncheon Yale Club

March 6

Northern Virginia Reception Home of Mike Lincoln ’91, McLean

March 18

Tampa, Fla., Reception The Westin Tampa Bay

May 9 – May 11

Law Alumni Weekend Charlottesville

June 4

Washington, D.C. Luncheon Mayflower Hotel

June 12

Richmond Reception Virginia Historical Society

For Latest on alumni events: www.law.virginia.edu/alumni


from the dean  Paul G. Mahoney …

Beyond Standard Legal Analysis

P

olitical science, like economics, was once principally the province of normative and theoretical analysis based on narrative description, but has in recent decades shifted to positive inquiry based on statistical analysis and mathematical models. This shift is visible to lawyers particularly in writings on Congress and the courts. Political scientists try to explain the behavior of legislators and judges through mathematical modeling of voting driven by preferences over a one-dimensional policy space. They test the resulting predictions against data by attempting to measure the preferences of the decision makers and the outcome of the voting or deliberative process. Inevitably, legal academics with quantitative training, some of them at Virginia, have followed suit. And, perhaps equally inevitably, judges have paid attention to writings by law professors that suggest that judicial behavior in the aggregate is predictable based on non-legal characteristics. In this issue of the UVA Lawyer, we gather views from our faculty and from alumni on the bench on the topic of judicial decision making. In a Virginia Law Review article in 1997, NYU Professor (and later Dean) Richard Revesz presented empirical evidence on the impact of judges’ ideological preferences on their decisions. He studied a limited subset of cases involving procedural challenges to environmental regulations in a single court, the D.C. Circuit. Unlike politicians, judges do not publicly proclaim their ideological leanings, so one must use an observable proxy. The standard proxy in the political science literature for a judge’s ideology is the party of the President who appointed that judge. Using that proxy, Revesz concluded that a judge’s ideological preferences play a role in his or her votes on a multi-judge panel. Revesz’s article drew a spirited response from Judge Harry Edwards of the D.C. Circuit, prompting a rebuttal from Revesz. In many ways, the interchange reflects core differences between legal and formal empirical thinking. Limiting the sample to cases raising similar issues in a single court can help a researcher filter out noise and boost the ability to find a relation between variables, but it does raise a question of validity outside the limited scope of the sample. Those questions can be resolved through a combination of theoretical analysis (is there any reason to believe that these cases or judges are so different from others that the results cannot be generalized?) and through further empirical tests on other, dissimilar samples. But lawyers often respond by dismissing out of hand the notion that we can learn anything by looking at a sample rather than the entire population, and Edwards did so in his critique of Revesz. The notion of using an observable proxy for something that is


unobservable also strikes lawyers as absurd. I suspect this is because we as lawyers tend to focus on the outcome of a specific case rather than average tendencies. Empirical tests identify tendencies but can’t tell us what will happen in a specific case, and many lawyers therefore find them useless. In order to shed light on these and other differences in viewpoint, we interviewed Judges Eugene Siler ’63, LL.M. ’95 of the Sixth Circuit, Boyce Martin ’63, formerly Chief Judge of the Sixth Circuit, Myron Steele ’70, LL.M. ’04, Chief Justice of the Delaware Supreme Court, and Cynthia Kinser ’77, Chief Justice of the Virginia Supreme Court. We also convened a panel of professors whose research involves judicial decision making. Always a leader in interdisciplinary legal research, Virginia’s faculty has contributed significantly to work at the intersections of law and political science and law and psychology. This issue also contains an interview with Judge J. Harvie Wilkinson III ’72 of the Fourth Circuit, who brings the perspective of a former professor to the bench. He speaks about the latest of his five books and perhaps his most controversial: Cosmic Constitutional Theory: Why Americans are Losing Their Inalienable Right to Self-Governance. The book explores and critiques the use of constitutional theory in judging. In the book and in the interview, Judge Wilkinson presents a learned and impassioned defense of the judge as interpreter of legal texts, not as expositor of comprehensive theories. We also include an opinion piece by Professor Richard Shell ’81 of the Wharton School of Business at the University of Pennsylvania. It is no secret to our many graduates who have achieved success in business, finance, public service, and other non-legal careers that the analytical training offered at Virginia and other top law schools is extremely, perhaps uniquely, useful in a broad range of callings. An increasing number of law students arrives thinking explicitly about potential career paths that diverge from legal practice. Professor Shell offers his thoughts about how law schools can better serve those students. Each of these pieces pushes beyond standard legal analysis and practice. I hope you find them informative and enjoyable.


Departments

Feature stories

1

25

Beyond Standard Legal Analysis

From the Dean

Judging the Bench: Empiricism in the Legal Academy

4

38

Law School News

A Nation Mesmerized and Seduced

42

Faculty News & Briefs 53

Class Notes 82

In Memoriam 83

In Print 89

Letter to the Editor 90

Opinion

Rethinking Success at Law Schools

Fall 2013 Vol. 37, No. 2  |  Editor Cullen Couch  Associate Editor Denise Forster  Contributing Writer Rebecca Barns  Design Roseberries  Photography Tom Cogill, Cullen Couch, and Mary Wood


Law School News

Advocacy | Brian McNeill

15 Years of Fighting for Children in Virginia

C

laire Blumenson ’11, who earned a master’s degree in teaching and served with Teach for America before attending UVA Law, continued to build her career around helping children by taking the Child Advocacy Clinic in law school. “It gave me really great practical skills,” said Blumenson. “I wish I could have taken three years of the Child Advocacy Clinic.” For Blumenson and many other former clinic students, the course was a formative experience that continues to influence their careers working on behalf of children. Twelve graduates who took the course returned

to the Law School this fall to celebrate the 15th anniversary of the clinic and speak at conference marking the occasion, “Fighting for Children: Education, Advocacy and the Law,” on October 18 and 19. Blumenson said her experience in the clinic—in which law students work with the Legal Aid Justice Center’s JustChildren Program to represent low-income children in Virginia—provided her with an education that helped inspire her career. Blumenson recently co-founded a nonprofit organization called the School Justice Project, which provides no-cost special

education legal representation to courtinvolved 17- to 22-year-olds in Washington, D.C. (See related story in 2011 Class Notes.) “I think about the Child Advocacy Clinic constantly because everything we do is so similar to the work that [clinic instructors Angela Ciolfi ’03 and Kate Duvall ’06 were] doing,” she said. “You see how to build a case over time. You learn lawyering skills, as far as case management and organization. And you’re learning it all within Legal Aid, which is really great.” The conference covered topics such as emerging constitutional theories for the protection of children and strategies to break down the school-to-prison pipeline. It also featured panels aimed at law students interested in working in child advocacy or Members of the Child Advocacy Clinic discuss cases in the spring of 2012.

UVA Lawyer / FALL 2013  5


Law School News …

incarcerated, was taking college classes public interest careers, as well as those interand appeared to pose no risk to the comested in pro bono work at law firms. munity. Although the students and their Martha Levick, deputy director, chief supervising attorneys precounsel and co-founder of sented substantial evidence the Juvenile Law Center of her progress and lack of in Philadelphia, delivered risk, her sentencing judge the keynote address, “The rejected the request for Same, Only Different: suspending her adult time The Re-emergence of and sent her to adult prison Constitutional Rights when she turned 21. for Children.” After more than two “I am thrilled that so years of effort, Block and many of our former stuthe clinic students had one dents are doing this work,” chance left to shorten her said Andy Block, director sentence—they wrote to of the Child Advocacy then-Governor Timothy M. Clinic. “It was a great Andy Block Kaine in April 2009 and reopportunity for current quested that he grant Shelton students to meet these a conditional pardon. amazingly talented attor“It was a great “Like many children neys and get some wisdom opportunity for current who commit crimes, and and inspiration as they students to meet these many young people generthink about their futures.” amazingly talented ally, Whitney Shelton is Since the Law School attorneys and get some not the same person she and JustChildren launched was when she committed the course in 1998, the wisdom and inspiration her offenses six year ago,” clinic has directly repreas they think about the clinic wrote to Kaine. sented between 200 and their futures.” “She has grown up. She has 300 young clients on issues changed. She is remorseful ranging from criminal for her actions. What is more, she has been appeals to educational concerns, and its punished and is not a risk or threat to the policy work has helped hundreds more community should she be granted the opacross Virginia. portunity to return.” One former client participated in the Kaine ultimately agreed, releasing conference. Whitney Shelton was originally Shelton from prison just before Christmas tried as an adult in 2003 for her participain 2009, subject to certain conditions, intion, with two adult, male co-defendants, cluding 10 years of probation. in a series of crimes including robbery, Shelton, who is now 27, has since earned abduction and carjacking. Under a plea a two-year degree in mechanical engineerdeal, Shelton, then 16, received a blended ing and is preparing to move to Texas to sentence of both juvenile and adult time. pursue a four-year degree. After Shelton’s family contacted the “I almost felt safer in the arms of the clinic with concerns about her treatment law students because they were eager to nearly two years into Shelton’s sentence, learn and fight and get to the bottom of evstudents successfully fought to improve erything they possibly could,” Shelton said. conditions at the juvenile prison, and to “The students were just willing to do anysuspend Shelton’s adult prison sentence. thing and everything. They just diligently Shelton, they found, was a model fought so hard.” prisoner who felt sincere remorse for her Block said the key to the clinic’s success actions, graduated from high school while

6  UVA Lawyer / FALL 2013

has always been the people—the supervising attorneys, students and the clients. “We have had great faculty and adjunct supervisors at JustChildren, most of whom now are former clinic students themselves, and talented and hardworking students who get moved and inspired, I think, by the children they represent,” he said. Clinic alumna Jeree Thomas ’11 joined JustChildren as a Skadden Fellow that fall, and now is a staff attorney with the organization. In the last two years she has helped incarcerated children get access to appropriate educational services in juvenile facilities. “We’ve actually had some success making sure that youth in correctional centers receive the education they are entitled to under the law,” Thomas said. “Now youth in some of our deep-end juvenile facilities have access the educational services even when they are placed in restrictive behavioral units.” In the clinic and as a summer intern for the JustChildren Program, Thomas explored different areas of law that affect children, including special education cases, such as representing a child with disabilities who was facing discipline issues. And she also worked on the case of Edgar Coker, a young man who was falsely accused of rape at the age of 15. “When I started my summer as an intern, the first memo I wrote was whether or not we could file a habeas [petition] in that case,” she said. At the upcoming conference, Thomas appeared on the panel, “Bringing Them Home, Keeping Them Home: Deinstitutionalizing Children.” Janet Van Cuyk ’04, another clinic alumna who appeared on that panel, is the legislative and research manager of the Virginia Department of Juvenile Justice, a role that includes providing information to Virginia lawmakers on the impact of juvenile justice legislation. Prior to enrolling at UVA Law, Van Cuyk worked in a juvenile correctional center as a rehabilitation counselor, running aggression management groups and


Law School News …

Alumni involved in the Child Advocacy Clinic returned to Charlottesville for the clinic’s 15th anniversary and to take part in the “Fighting for Children” conference.

facilitating basic counseling for committed youths. She then earned a master’s degree in social work in 2001 and interned with the Richmond Court Service Unit of the Department of Juvenile Justice, where she saw how the state provides services to juveniles before and after being committed. “I fell in love with the court process and went to law school thinking that I would become a [guardian kindergarten age get referrals from hospital ad litem] or juvenile attorney,” she said. “But sites and connects with families to represent I chose this path because I saw that it [inthe children, often on education and other volved] a macro influence on juvenile justice issues that benefit from early intervention. policy in the state.” “Their families are ill-equipped to help While in the Child Advocacy Clinic, them when they’re struggling to get by she was able to explore a different aspect of every day,” he said. “Getting them the right juvenile justice. services can make a huge difference.” “Prior to law school, I had only seen Before attending UVA Law Hausman the direct care perspective providing sertaught government and vices and supervision to psychology at a high school at-risk youth versus the “I almost felt safer in in Northern Virginia. At advocacy perspective,” she the arms of the law the Law School, he took a said. “It was a great experistudents because they number of education law ence. The focus at that time were eager to learn courses in addition to the was on special education Child Advocacy Clinic. law. I got to advocate for and fight and get to the He said he wanted to folks seeking appropriate bottom of everything bring the same level of orga[individualized educational they possibly could.” nization he saw in the clinic programs] and educational and at the Legal Aid Justice services in public schools Center to his current job. which can have both an individual and a The clinic, he added, provided the ideal systemic impact.” training ground because of the individual Dan Hausman ’12, a current Powell attention and feedback students received. Fellow working as a staff attorney for the “You were able to work on cases in the Chicago Medical Legal Partnership for way that you’d ideally like to be able to do Children, spoke at the conference as part of every case,” he said. “It doesn’t always work a panel on “Breaking Down the School-tothat way because here I’ve got a million Prison Pipeline.” cases, but it’s good to know what you’re At the Medical Legal Partnership, working towards.” Hausman helps children younger than

Third-year law student Shannon Parker enjoyed the clinic so much during her second year that she worked with Block to create an additional opportunity to take part in the clinic during her third year as well. Parker and two other classmates are taking advantage of the third-year option now. “My experiences in the clinic have been incredibly useful for my career,” Parker said. “I have been exposed to a variety of legal issues that children face. My specific interest is to represent kids in abuse and neglect cases, and oftentimes my clients will face legal issues outside of the abuse and/or neglect. By having some experience with education law, immigration law and the juvenile justice system, I can provide more comprehensive and holistic representation for my clients.” When asked how the clinic has evolved over the last 15 years, Block said that clients like Whitney and students like Parker are what the clinic has always been about. “The clinic has always had two primary goals: creating opportunities and second chances for our clients, while at the same time challenging our students and giving them the skills and experiences necessary to become great lawyers and advocates for children,” he said.

UVA Lawyer / FALL 2013  7


Law School News …

POLITICS & FINANCE | Brian McNeill

How do the corrupt donor and corrupt politician assess one another’s credibility? With campaign finance disclosure records, Gilbert and Aiken suggest. “How do I know this politician is going to follow through? Well, if I can look at 10 years of disclosure records and see that everybody who’s funneled $10,000-plus to this Court has already suggested that so long as person subsequently gets a vote, then that campaign contributions are disclosed, there gives me faith that this person is actually should be little concern about corruption. going to follow through,” Gilbert said. In “Disclosure and Corruption,” howevThe paper does not claim that diser, Gilbert and Aiken suggest that campaign closure is necessarily a bad idea or that finance disclosure might exacerbate corrupdisclosure causes cortion rather than reduce it. ruption, Gilbert said. “Here’s the basic theory: “On balance, disclosure “The claim is that this If I want to buy a candidate’s reduces corruption. is complicated,” he said. vote and the candidate wants But it doesn’t have to “Disclosure might reduce to sell me that vote, we can’t be that way. It could corruption by expossign an enforceable contract. ing illicit deals, but it can Courts don’t enforce illegal also be that disclosure simultaneously facilitate contracts,” Gilbert said. “So makes it worse.” corruption by giving the the only way this quid-proparties greater certainty that quo happens is if we trust if they try to do [a corrupt] deal, it’s going to each other. I have to be confident that if I pay off for them—the other side is going to give you the money today, you’re going to follow through.” give me the vote six months from now.”

In Light of McCutcheon, Does Disclosure Deter Political Corruption?

T

he U.S. Supreme Court heard oral arguments in October in a case testing the constitutionality of federal limits on aggregate contributions by an individual to a candidate, political action committee, or political party. Central to the case is the commonly held belief that campaign finance disclosure deters political corruption. But that belief is untested and might be flawed, according to a new analysis by Professor Michael Gilbert and co-author and third-year student Benjamin Aiken. Although individual donors can give $2,600 to a particular federal candidate, federal law limits the total of what can be given to all campaigns and political organizations during an election cycle. The government argued in McCutcheon v. Federal Election Commission that the aggregate limits—$123,200 for the 2013–14 election cycle, with a maximum of $48,600 to all candidates and $74,600 to all PACs and parties—remain necessary to prevent political corruption. Opponents, such as Alabama conservative activist Shaun McCutcheon and the Republican National Committee, argue instead that the overall campaign contribution cap is an unconstitutional infringement on political speech. And, they point out, the Supreme Professor Michael Gilbert (left) and 3L Benjamin Aiken co-authored “Disclosure and Corruption,” an article with implications for McCutcheon v. Federal Election Commission.

8  UVA Lawyer / FALL 2013


Law School News …

There have been no empirical studies testing the theory that disclosure reduces corruption, Gilbert said, partly because it would be difficult to measure what is meant by “corruption,” but also because there is little interest in proving something that nearly everyone believes to be true. “It may be that the conventional wisdom is right: On balance, disclosure reduces corruption. But it doesn’t have to be that way. It could also be that disclosure makes it worse,” he said. “We’re not trying to make a bold claim that we can’t support, like ‘Disclosure’s always bad’ or ‘It’s always good.’ We’re just trying to think through the theory carefully and completely.” Gilbert and Aiken write that their analysis has implications for the law. In McCutcheon, the appellant is asking the Supreme Court to knock down the federal limit on total contributions to candidates in an election cycle, partly because disclosure requirements deter enough corruption to make contribution limits unnecessary. The Court, which placed great faith in disclosure in Citizens United, may “take the bait,” Gilbert and Aiken argue. “If disclosure causes corruption, then existing jurisprudence and the turn it may take in McCutcheon rest on a shaky foundation,” they wrote. Their analysis also has implications for policy, they said. “If mandated disclosure chills lawful speech, consumes enforcement resources, and raises the risk of corruption, then perhaps it does not belong in a rational campaign finance system,” they wrote. While that logic might discourage proponents of campaign finance reform, they continued, disclosure only exacerbates corruption under certain circumstances. “Furthermore,” they added, “if disclosure cannot prevent corruption, then that strengthens calls for other anti-corruption measures, including public funding, stricter contribution limits, and perhaps new restrictions on independent expenditures.”

WORLD WISE | Eric Williamson

Professors Circle Globe to Bring Insights to UVA Law

E

Jarass said. “If you only work in your own ach year an infusion of international law, you think it can only be done like that.” experts who teach at the Law School— Jarass directs the ZIR Research Institute from such nations as France, Germany, for German and European Public Law at Australia, and Israel—helps ensure that Münster, where he is a retired faculty member. graduates will thrive in an increasingly gloThe Law School has a broader exchange probalized market. gram with the German university in which “Our international visitors greatly enrich UVA professors also teach in Germany. In the students’ experience,” said Dean Paul G. May, UVA Law professors Mahoney. “Understanding Kerry Abrams and Brandon how another legal system “If you only work in Garrett taught a two-week approaches a problem is your own law, you think course there on current not only useful when your it can only be done issues in American law. practice crosses borders, but like that.” “My goal is not so much helps you understand your that students learn a lot of own legal system better.” different facts, but that they get a feel for Among the several visitors this year, where European Union law differs from the University of Münster’s Hans Jarass their own law, and how it’s similar,” Jarass and Matthias Casper taught the fall course said. “And if they encounter a case where European Union Law. European Union law is involved, they can “I often tell students it’s not only imhandle that.” portant to specialize in areas you can apply directly, but also to be able to handle problems that are based in law that is unknown, Hans Jarass, a professor at the University of Münster, taught European Union Law here this fall. where there are no easy solutions available,”

UVA Lawyer / FALL 2013  9


Law School News …

Fritzen said his students are typically International professors teach courses on second- and third-year students focusing current global legal trends, and often from on business law or current lawyers pursuing direct experience. Timothy J. McEvoy, who an LL.M. degree. He said he emphasizes to has taught the fall short course Globalization his students the imporand International Civil tance of understanding Litigation at the Law School the fundamentals of intersince 2001, currently prac“We as lawyers don’t national banking products tices international law in have enough education and transactions because Melbourne, Australia. on the commercial they are integral to the laws “In my private pracside—not to mention governing them. tice as a barrister in on the math side and “We as lawyers don’t Australia, I often advise have enough education on corporations on private on reading balance the commercial side—not international law issues sheets. What’s your to mention on the math involving provisional and legal reason worth if side and on reading balprotective measures, and you don’t know how ance sheets,” Fritzen said. judgment enforcement,” “What’s your legal reason McEvoy said. “Judgment the legal instrument is worth if you don’t know recognition, and enforcesupposed to work?” how the legal instrument is ment more generally is supposed to work?” becoming a hot topic, Short courses conducted abroad are particularly in the U.S. in the context of the also an important part of the Law School’s Chevron litigation. … The course is really a international education. strong blend of the law in this area and its Professor Gil Siegal, who lives most practical application.” of the year in Israel, teaches the weeklong McEvoy was awarded an S.J.D. here January Term course Israeli Health Law in 1999. While completing his degree, and Bioethics, which includes field trips he served on a special commission to the Israeli Supreme Court in Jerusalem of Australian delegates to the Hague and the Chaim Sheba Medical Center near Conference on Private International Law, Tel Aviv. In Israel, Siegal directs the Center which drafted recommended guidelines for Health Law and Bioethics at Kiryat Ono for handling jurisdiction and foreign judgCollege, where most of the classes for the ments in civil and commercial matters. J-term course take place. McEvoy said he hopes that his students Marie Goré, a professor of law at the will “take away a robust understanding of University of Panthéon-Assas (Paris 2), some of the traditional principles of private teaches the J-term course French Public and international law and how they apply in the Private Law. UVA Law students who travel context of the rapidly changing global busito Paris for the class learn about the origins ness environment.” of French law and the basics of French conOther classes, such as the fall short tracts and torts. course International Banking Transactions, Second- and third-year students may focus not just on how to think like an inalso study abroad for a full semester in one ternational lawyer, but on specific obstacles of eight international exchange programs law graduates may encounter. or through a dual degree at Sciences Po in “My class is case-study based, with a Paris, and have the option of planning their clear split between how an investment or own study-abroad venture. transaction is supposed to work and what Current students say their international legally can go wrong,” said Christof Fritzen, law classes have been a valuable form of prepaa former managing director at Deutsche ration that will give them added confidence Bank who is teaching the course.

10  UVA Lawyer / FALL 2013

when they enter the legal workforce full-time. “Last year, I took Justice [Richard] Goldstone’s class on the international criminal justice field, and this semester I am taking European Union Law,” said Melissa Reilly-Diakun, a third-year student who said she wants to pursue a career in international law. “Each of these classes has been valuable not just for the subject matter, but for an opportunity to explore the law from a mindset other than that of an American schooled in an American law school.” Sam Shirazi, a second-year law student in the European Law class, agreed. “With the increasing globalized nature of business and commerce, I think learning more about different legal systems around the world is crucial for any law student,” he said.

WAIT and SEE | Brian McNeill

Poor Left Uninsured in Face of Uncertain Future Funding of Health Law

T

he decision by 26 states to reject an expansion of Medicaid under Obamacare will leave 8 million low-income Americans without health insurance and leaves the future of health security up to upcoming federal elections, according to law professor and health law expert Margaret Foster Riley. Riley, who also has a secondary appointment in the Department of Public Health Sciences at UVA’s School of Medicine, noted that a New York Times analysis found that the states’ decision will leave two-thirds of low-income blacks and single mothers and half of low-wage workers without insurance. “The Supreme Court’s decision in


the June 2012 ‘Obamacare’ case made it possible for states to opt out of one of the centerpiece provisions of the legislation, the expansion of Medicaid. Currently about half of the states, all with legislatures dominated by Republicans, have opted out of the expansion. Those states also have a greater proportion of the population eligible for the expansion—people living just above the poverty line—meaning that about 8 million people who otherwise would have been eligible for Medicaid under the expansion will not have access to insurance. The notable exception is Arkansas, which has opted to expand Medicaid, but has been permitted significant alterations. The success and experience of Arkansas may be the best predictor of whether or how quickly other states will choose to alter their current stance and join the expansion. But of course we won’t know how that turns out for some time. “The decision to expand or not is largely political—or at least governed by political principles. On its face, in the short term, refusing to join the expansion does not make sense. States that choose that option are leaving significant federal funds on the table since the legislation provides federal funds for 100 percent of the costs of the expansion for the first few years. Under the current legislation, even after the first few years, federal funds will cover most of the costs of expansion. However, if you expect or hope that Obamacare will be overturned—or if you believe that available federal funding will shrink regardless, Medicaid expansion carries significant risks. It means that states that expand Medicaid will ultimately carry the financial risk of that expansion—and those states that have greater eligible populations carry relatively greater risks. “We won’t know how this will all shake out until the 2014 and 2016 federal elections. Those elections will determine the fate of the evolution of Obamacare and also the availability of continued federal funds for health care, including Medicaid expansion. In the meantime, there are many people, often people who are working, who will be shut out of new insurance options. Some

Cole Geddy

Law School News …

people may be able to move to other states, but they may be leaving their employment in the process. It can be hoped that charity care will continue to step up to cover the most exigent of these cases. But that charity care costs hospitals dearly. And charity care does not provide consistent care, nor does it provide the psychological and financial security that health insurance provides. For that, 8 million Americans will have to wait.”

HUMAN RIGHTS | Brian McNeill

Student Wins UN Human Rights Award for Statelessness Research

T

hird-year Caroline McInerney was named one of two graduate winners of the Office of the U.N. High Commissioner for Refugees and Tilburg University’s inaugural UNHCR Award for Statelessness Research. McInerney’s independent study paper, “Citizenship Laws of Madagascar: Future

Caroline McInerney (center) with local Malagasy children in Mahajanga on the northwest coast of Madagascar.

Challenges for a Developing Nation” was nominated by Professor David Martin, who oversaw her independent study. The award for the new global writing competition on the subject of statelessness carries a 1,000 euro prize. McInerney said she was thrilled to hear that she had received the award. “The issue of statelessness in Madagascar has received a relatively small amount of attention thus far and I look forward to the ways in which my research will raise awareness in the international community,” she said. “Hopefully my research will encourage future work in the area and be a first step in bringing about changes for the people facing issues of statelessness and citizenship in the country.” In selecting McInerney’s paper, the jury wrote that it found her conclusions to be both convincing and compelling, and expressed appreciation in particular for the practical recommendations made with regard to the need for and possible content of law reform. The jury found [McInerney’s paper] to be a case study of significant importance and timeliness, given the relative lack of writings on statelessness in Africa and the fact that the citizenship regime of

UVA Lawyer / FALL 2013  11


Law School News …

Madagascar, in particular, has not drawn much research interest to date,” the jury report said. “McInerney presents an extensive review of the content of the Malagasy nationality regulations and identifies how the law is serving to create and perpetuate cases of statelessness in the country.” The paper grew out of McInerney’s trip to Madagascar as a Cowan Fellow in the student-led Human Rights Study Project at UVA Law. She was one of eight students who took part in the trip, in which they spent three weeks in Madagascar to study the status of human rights in the wake of a 2009 coup d’état that toppled the democratically elected government and sparked a massive withdrawal of foreign aid and investment. Each year, fellows in the Human Rights Study Project travel to countries with troubling records on human rights to gather information—primarily via first-person interviews—and report their findings. Past teams traveled to Sri Lanka, Egypt, China, Cuba, Cambodia, Syria, Sierra Leone and elsewhere. Martin called McInerney’s paper a “wonderful blend of field and library research.” “It draws so effectively on her interviews in Madagascar in order to paint a picture of legal, political, and practical barriers in the way of reducing statelessness there,” he said. “She evaluates the country’s citizenship laws against international standards, but she also gives practical reasons why Madagascar’s leaders should want to move to change the situation. And she offers detailed suggestions for reforms.” McInerney, he added, “poured long hours into her work, and I’m just delighted that UNHCR has recognized what a significant contribution her paper makes.” McInerney thanked Martin for his support and guidance, as well as PJ and Cam Cowan ’81, Human Rights Program Director Deena Hurwitz, and the Human Rights Study Project for helping to make the field research possible.

12  UVA Lawyer / FALL 2013

supreme court decision | Brian McNeill

Professors Analyze Decision in GenePatenting Case

T

he Supreme Court ruled in Association for Molecular Pathology v. Myriad Genetics that human genes may not be patented. The Supreme Court in June ruled unanimously that natural human genes cannot be Margaret Foster Riley patented, prompting reactions from professors who are experts in intellectual property and biotechnology law. In Association for Molecular Pathology v. Myriad Genetics, the justices ruled that naturally occurring isolated biological material is not patentable, but that a synthetic version of genetic material may be patented. “This is one of the few times that oral argument was completely predictive of the result and the result here follows directly from the Court’s ruling last year in Prometheus v. Mayo,” said Law Professor Margo Bagley Margaret Foster Riley who also holds a than deter it. Current genomic research secondary appointment in the Department involving genome wide association studies of Public Health Sciences at UVA’s School of and genetic/proteomic relationships will Medicine. She is an expert in biotechnology, be able to proceed without some of the bioethics, and health law. “Despite much of potential limitations posed by patents on the commentary on the case that focused isolated DNA. But today’s ruling does nothon some of the metaphysical questions poing to restrict patents on tentially raised by the case, cDNA or method patents e.g. notions of individual on genomic discoveries. In property rights in our “This is one of the that sense, while certainly own genes, the decision few times that signaling a new direction, is simple and technical. oral argument was today’s opinion is actually Isolated DNA is a product completely predictive quite conservative.” of nature and not patentof the result.” “I think the question able, cDNA or ‘synthetic on which the court granted DNA’ is not a product of certiorari, ‘are human nature, and is patentable. genes patentable,’ led pretty clearly to at least In oral argument, some members of one part of the result in this case, the conthe Court were very concerned about the clusion that isolated genomic DNA (gDNA) effect of any potential ruling in this case on is not patent-eligible subject matter,” said innovation. Today’s ruling strikes a balance Law Professor Margo Bagley, an expert in that is likely to promote more innovation


Law School News …

biotechnology, intellectual property and patent law. She teaches courses on patent law, international and comparative patent law, and intellectual property. “The decision is fully consistent with Diamond v. Chakrabarty’s requirement that an invention be ‘markedly different” to something found in nature in order to be eligible for patent protection. Of course, the problem with the ‹markedly different› requirement is its malleability, as it makes the patent eligibility question a policy choice (which, for some, may be its chief virtue). Thus, the Court was able to draw a line between naturally occurring but isolated gDNA and non-naturally occurring (but pretty close) complementary DNA (cDNA), even though very reasonable minds at the district and appeals courts, on different rationales, came to completely different conclusions on the ‘marked difference’ of both of these claimed inventions. “The language of the decision leaves some room for speculation as to its reach; for example whether it truly goes beyond gDNA to deny patent-eligibility to any isolated and purified naturally occurring compound and whether protection for gDNA could still be achieved by drafting claims differently. But it should pave the way for entities to begin competing with Myriad in offering breast cancer susceptibility testing, potentially at a reduced cost. It arguably also encourages further biotech research and patenting by upholding the eligibility of cDNA claims and articulating a limited scope for its decision. “Ultimately, the Court’s decision can be seen as conclusion that its line drawing between gDNA and cDNA claims ‘strikes a delicate balance between creating ‘incentives that lead to creation, invention and discovery’ and ‘imped[ing] the flow of information that might permit, indeed spur, invention.’ Nevertheless, finding this policybased eligibility balance is likely to continue to stymie lower courts faced with claims to new technologies for the foreseeable future.”

education both excellent and equitable. The chance to lead Harvard’s Ed School, Ryan said, was not something he ever planned or expected, but is an exciting opportunity given his passion for education. “I was attracted to it because I have been writing and teaching about law and education for 15 years, and I’m intensely interested in issues of educational opportunity,” Ryan said. “This seems like an opportunity to niversity of Virginia Law Professor have a more direct and broader impact James E. Ryan ’92, a leading authoron education policy and ity on law and education, practice. It’s also, in some has been named dean of the “This seems like an respects, a continuation of Harvard Graduate School opportunity to have my interest in public service, of Education, one of the naa more direct and which intersects with my tion’s top education schools. deep interest in education.” Ryan teaches law and broader impact on “Jim Ryan is one of education, constitutional education policy and our most gifted teachers, law, land use law, and local practice.” researchers, and administragovernment law. He was an tors,” said Dean Paul G. Mahoney. “Harvard instructor in the Supreme Court Litigation is getting an outstanding dean. His deparClinic, and helped establish and was directure is a great loss for the Law School but tor of the Law School’s Program in Law it is a source of great pride that a Virginia and Public Service. Ryan also served on the U.S. Department of Education’s Equity and Excellence Commission, a group Jim Ryan ’92 was named dean of the Harvard tasked with examining how to make public Graduate School of Education. LAW AND EDUCATION | Brian McNeill

Ryan ’92 Named Dean of Harvard Education School

U

UVA Lawyer / FALL 2013  13


Law School News …

graduate and professor has taken this highprofile post.” In a news release, Harvard President Drew Faust called Ryan an “outstanding scholar, teacher, and academic leader with a deep passion for improving education and for enhancing the interplay of scholarship, practice, and policy.” Ryan has written extensively about law and educational opportunity, and has also authored or co-authored a number of articles on constitutional law and theory. He was a co-author of the 2011 textbook Educational Policy and the Law and was the author of the 2010 book Five Miles Away, A World Apart: One City, Two Schools, and the Story of Educational Opportunity in Modern America. Before joining the faculty in 1998, Ryan clerked for J. Clifford Wallace, then-chief judge of the 9th Circuit, and U.S. Supreme Court Chief Justice William H. Rehnquist. He also worked for an arbitrator at the IranU.S. Claims Tribunal at The Hague and was a Gibbons Fellow in Public Interest and Constitutional Law in Newark, N.J. At the Law School, Ryan served as academic associate dean from 2005-09. In 2009, he founded the Program in Law and Public Service, which provides students with intensive training and mentoring to prepare them for careers in public service. “I have enjoyed everything about this place. But I especially enjoyed working with

[then-Dean] John Jeffries, and later Paul Mahoney, as well as with [Assistant Dean for Student Affairs] Martha Ballenger and [Assistant Dean for Academic Services and Registrar] Cary Bennett when I served for academic associate dean,” he said. “I’ve also thoroughly enjoyed directing the Program in Law and Public Service and have been inspired by the students in that program—as well as others who are not in the program but are equally passionate about public service.” Jeffries said Ryan is an excellent choice to lead Harvard’s Graduate School of Education. “For a scholar of education law and policy, the deanship of the Harvard Ed School is a once-in-a-lifetime opportunity,” he said. “Jim’s appointment is great for him and for Harvard, and I think it will prove to be great for American public education.” Ryan said he will dearly miss UVA Law. “I have loved teaching here,” he said. “I’ve been privileged to spend time with fantastic, lively, and incredibly talented students, and I’ve had the great joy of being part of a community of not simply colleagues but close friends. This has become my home, and my family’s home, and leaving home is never easy. But as I always tell students who are interested in public service, you should follow your passion, even when it entails some risk and some sacrifice. I’ve been giving that advice for so long, I thought I should follow it myself.”

Online Faculty Q&A

Find the full archive online at: www.bit.ly/faculty_qa Mildred Robinson on How Tax Solutions Could Stabilize K-12 Education Funding Michael Livermore on How a Misreading of the Supreme Court Is Leading to Inefficient Environmental Regulations Richard Bonnie ’69 on Gun Control, Mental Health Policies in Aftermath of Deadly Shootings A. E. Dick Howard ’61 on the Major Decisions of the Supreme Court’s 2012-13 Term Alex Johnson on How Bar Exam Standards, ‘Misapplication’ to Law Schools Offer Obstacles to Minorities Seeking to Become Lawyers

14  UVA Lawyer / FALL 2013

THOMAS JEFFERSON AWARD | Matt Kelly

Howard Receives University of Virginia’s Highest Honors

L

aw Professor A. E. Dick Howard ’61 and Gordon Stewart, the interim associate dean for undergraduate academic programs, received Thomas Jefferson Awards—the highest given to faculty members at the University of Virginia—at Fall Convocation ceremonies. Howard received the award for his scholarship and Stewart for his service to the community. “The Thomas Jefferson Award is the most prestigious honor the University presents to faculty members, and the list of recipients includes some of the University’s most distinguished teachers and scholars,” said University President Teresa A. Sullivan, who earlier in the ceremony had bestowed Intermediate Honors upon 414 thirdyear students. Howard, in his 50th year on the School of Law faculty, is considered one of the University’s best teachers and most devoted citizens, as well as one of the world’s leading constitutional scholars. He holds the White Burkett Miller Professor of Law and Public Affairs. A Richmond native, Howard graduated from the University of Richmond and earned his law degree at UVA, during which time he was selected as a Rhodes Scholar and later received a master of arts degree from Oxford University in England. Howard joined the UVA faculty in 1964 after clerking for the late U.S. Supreme Court Justice Hugo Black, during which time he developed his interest in constitutional law. A Supreme Court watcher, Howard has chronicled the Warren, Burger, Rehnquist and Roberts courts, and is a widely published


Law School News …

has written extensively on the new constitutions in Central and Eastern Europe, India, and Italy, and has contributed to the field of authority on important constitutional doccomparative constitutional law. trines, including federalism, separation of Twice Howard has been a fellow of the church and state, and the freedoms of Woodrow Wilson International Center speech and press. for Scholars; he served as president of the Howard is equally knowledgeable Virginia Academy of Laureates and was about state constitutional law and was apthe first distinguished visiting scholar in pointed executive director residence at Rhodes Colof the Commission on lege in Oxford in 2001. He Constitutional Revision received the Alumni AsHoward, in his 50th year of the Commonwealth of sociation’s Distinguished on the School of Law Virginia in 1969. He was Professor Award in 1981. faculty, is considered the principal draftsman for The Greater Richmond one of the University’s the new state constitution Chapter of the World Afbest teachers and most and led the successful camfairs Council conferred on paign for its ratification. him its George C. Marshall devoted citizens. He has published repeatAward in International edly on state constitutions. Law and Diplomacy. He He also has become an expert on foreign was a visiting scholar at the National constitutions. After the fall of the Soviet Constitution Center and the University of Union and the opening of Central and Pennsylvania Law School. He was named Eastern Europe, Howard aided in drafting among the greatest Virginians of the 20th new constitutions for Poland, Hungary, century by the Library of Virginia and the Czechoslovakia, Albania, and Romania. He Richmond Times-Dispatch. From left: Rector George Keith Martin; A. E. Dick Howard ’61, Gordon M. Stewart, and President Teresa A. Sullivan.

“In the sweep and compass of his writings on constitutional law, Mr. Howard is a scholar without peer,” Sullivan said. “He is also a tireless teacher and mentor, having achieved legendary status among law alumni and current students for his keen powers of explanation, his devotion to his students, both personally and professionally, and his inexhaustible patience.” The Thomas Jefferson Award was established in 1955, through the Robert Earll McConnell Foundation, to recognize excellence in service. In 2009 the Alumni Board of Trustees of the UVA Endowment Fund established a second award for scholarship. The recipients of both awards are selected by committee. Recent winners include Patricia M. Lampkin, vice president and chief student affairs officer; R. Jahan Ramazani, Edgar F. Shannon Jr. Professor of English; former University president John T. Casteen; and microbiology professor J. Thomas Parsons.

UVA Lawyer / FALL 2013  15


Law School News …

Commencement | Brian McNeill

Senator Nelson ’68 Urges Class of 2013 to Strive to Always Act Ethically in Careers

I

n his commencement address on May 19, U.S. Sen. Bill Nelson ’68 of Florida urged the graduating class to always act ethically as lawyers and to restore the public’s trust in the legal profession. Nelson, Florida’s senior senator, told members of the class of 2013 that they will face difficult ethical questions in their careers and that the profession is being “sullied by an increasing number of lawyers facing corruption and ethics charges.” “Each of you has a very special calling in life, which is why you must be rooted in the law and public service and must consider

16  UVA Lawyer / FALL 2013

the ethical obligations that extend to the broader system beyond your office walls,” Nelson said. “Clearly you’re not going to be able to change the recent past, but if you are determined, you can rewrite the near future. You can help restore the legal profession to its rightful place of honor in the public’s eye.” Nelson described a number of ethically challenging scenarios that the graduates might encounter. “If you were the corporate attorney for the international firm that’s cooking the books, will you sign the annual statement?”

he said. “Or consider: A young lawyer in Richmond is offered an incentive bonus of 20 percent of the amount he saves a corporation on state and federal taxes. Should he accept the payment?” Or, he said, suppose a client sends a lawyer an expensive diamond necklace as thanks for winning a big case. Should she keep the gift? Or, he said, maybe a lobbyist offers to pull some strings to help a politicians’ underachieving child get into law school, with the implied message that it would be in exchange for voting a certain way. Should the lobbyist make such an offer? In facing these and other ethical challenges, Nelson encouraged the graduates to remember the words of Mahatma Gandhi. “It was Gandhi who said there are but seven sins in life: wealth without work, pleasure without conscience, knowledge without character, commerce without morality, science without humility, worship without sacrifice, and politics without


Law School News …

principle,” he said. “We can add one more here today—law without ethics.” “And indeed if [it was] a sin,” he added, “then our saving grace would be to always strive to bring basic moral values to the practice of the law.” Dean Paul G. Mahoney praised the class of 2013—which was comprised of 364 J.D. graduates, 43 LL.M. graduates and one S.J.D. graduate—for its strong interest in public service over the past three years. “You did not focus just on yourselves [while in law school],” he said. “You raised money and donated your time to countless important causes. Indeed, your engagement with this community and many others has been remarkable and noteworthy.” Members of the class collectively put in more than 13,500 hours of pro bono service to assist those who could not afford legal representation, and 93 members of the class completed the Law School’s Pro Bono Challenge by performing 75 hours or more of free legal work. “This is a record for any class in the history of the Law School,” Mahoney said.

highlighting a law student’s work to help Mahoney highlighted a number of milechildren in need. stones achieved by members of the class. “Your class has dealt with challenges with Under their leadership, he noted, the North grace, perseverance and poise,” Mahoney Grounds Softball League’s 30th annual said. “You lived through tournament raised $20,000 an earthquake, studied for the Charlottesville through the transformanonprofit Children, Youth, “Clearly you’re not going tion of the south end of and Family Services; to be able to change Slaughter Hall into the new the Public Interest Law the recent past, but Karsh Student Services Association’s annual aucif you are determined, Center and even made tion raised $68,000 for you can rewrite the honey out of honeybees.” grants to fund students’ Mahoney then held summer public service near future. You can a moment of silence jobs; and the 10 studenthelp restore the for Momina Cheema, a run academic journals legal profession to its member of the class of 2013 published 34 issues, inrightful place of honor who died in June 2011. cluding the inaugural issue The Law School, he said, of the Virginia Journal of in the public’s eye.” is proud of the class of 2013 Criminal Law. and confident in its future. Members of the class “You are trained to be leaders, and of 2013, he noted, represented the Law you will be in your careers, in your comSchool in UVA’s Entrepreneurship Cup; munities, and in some cases in elected or formed the Molly Pitcher Project that appointed government service. I have no helped overturn the military’s ban on doubt that at some future reunion of the women in combat; and appeared on “The class of 2013—the most diverse class in the Ellen DeGeneres Show” in a segment law school’s history—we will all celebrate the many ways that you have succeeded in the intervening years. “ He added that it has been a “true pleasure” for the faculty to “watch you grow intellectually and personally.” “We send you on your way today with our complete admiration, affection and, most of all, our congratulations,” he said. Also at the ceremony, outgoing Student Bar Association President Alexandra Aurisch announced that 87 percent of the graduating class had pledged to support the Law School in the future, continuing a tradition over the past decade in which more than 80 percent of each graduating class pledged their support. “Supporting the Law School,” she said, “is more accurately a commitment to the future classes of UVA Law, so that they will share the same experiences we had here.”

UVA Lawyer / FALL 2013  17


Law School News ‌

Graduation Awards

The following were the recipients of the 2013 graduation awards.

Margaret G. Hyde Award Galen Bundy Bascom James C. Slaughter Honor Award Ariel Marissa Linet Thomas Marshall Miller Prize Megan Marie Coker Z Society Shannon Award Galen Bundy Bascom Law School Alumni Association Best Note Award Lyle David Kossis

Robert E. Goldsten Award for Distinction in the Classroom Jonathan Daniel Urick Roger and Madeleine Traynor Prizes Jacob Harris Gutwillig Matthew Paul Jobe

John M. Olin Prize in Law and Economics Sean Patrick Sullivan Eppa Hunton IV Memorial Book Award Megan Marie Coker

Herbert Kramer/Herbert Bangel Community Service Award Kimberly Ann Rolla

Virginia Trial Lawyers Trial Advocacy Award Wade Alexander Gelbert

Mortimer Caplin Public Service Award Rebecca Sideman Cohn

Virginia State Bar Family Law Book Award Christina Ashie Guidry

Edwin S. Cohen Tax Prize Matthew James Holt

Find graduation photos and video at www.bit.ly/lawgrad13

18  UVA Lawyer / FALL 2013

Earle K. Shawe Labor Relations Award Mary Genevieve Aguilar


Law School News …

Clerkships for the 2013–14 Term All are members of the class of 2013 unless otherwise noted.

Ogechi Cynthia Achuko The Hon. T. Rawles Jones Jr. ’73 U.S. District Court for the Eastern District of Virginia

Alex Berrang ’10 The Hon. Rosemary M. Collyer U.S. District Court for the District of Columbia

John Warren Akin The Hon. Jackson Kiser U.S. District Court for the Western District of Virginia

Micki Bloom ’12 The Hon. Ann O’Regan Keary District of Columbia Superior Court

Capt. James S. C. Baehr ’08 The Hon. Edith Clement U.S. Court of Appeals for the Fifth Circuit Gillian Anne Barkins The Hon. William De Lorenzo, Jr. ’69 N.J. Superior Court Rianna Barrett ’11 The Hon. Percy Anderson U.S. District Court for the Central District of California Galen Bundy Bascom The Hon. Merrick Garland U.S. Court of Appeals for the D.C. Circuit Stephanie Lynn Beach The Hon. Stephen Dwyer Washington State Court of Appeals Lucas Beirne ’12 The Hon. Patrick Higginbotham U.S. Court of Appeals for the Fifth Circuit Paul Belonick ’10 The Hon. Carlos Bea U.S. Court of Appeals for the Ninth Circuit Neil Bernardo The Hon. Donald E. Beachley Washington County (MD) Circuit Court

Lauren Crowell Bingham The Hon. Gary Jones U.S. District Court for the Northern District of Florida Virginia Bruner ’11 The Hon. Peter Messite U.S. District Court for the District of Maryland Duncan Burke The Hon. Lidia Stiglich Second Judicial District for the State of Nevada, County of Washoe Shruti Chaganti The Hon. Rudolph Contreras U.S. District Court for the District of Columbia Heaven Chanel Chee The Hon. George Hanks U.S. District Court for the Southern District of Texas Kristina Chi-kay Cho The Hon. David Bauman N.J. Superior Court Megan Marie Coker The Hon. Norman Moon ’62, LL.M. ’88 U.S. District Court for the Western District of Virginia C. Ben Cooper ’11 The Hon. Guy Cole U.S. Court of Appeals for the Sixth Circuit

Rebecca Barret Dalton The Hon. W. Scott Bales Arizona Supreme Court Margaret Davis The Hon. Randolph Beales ’86 Virginia Court of Appeals Lucas Edward DeLoach The Hon. James Jones ’65 U.S. District Court for the Western District of Virginia Jeremiah Armstrong Egger The Hon. Rebecca Beach Smith U.S. District Court for the Eastern District of Virginia Elspeth England ’11 The Hon. Mary Beth Coster Williams U.S. Court of Federal Claims Lydie Essama ’11 The Hon. Peter Hall U.S. Court of Appeals for the Second Circuit Noah S. Frank The Hon. Richard Andrews U.S. District Court for the District of Delaware Keith Bernard French, Jr. The Hon. Carlton Reeves ’89 U.S. District Court for the Southern District of Mississippi Scott Davis Gallisdorfer The Hon. Alberto Diaz U.S. Court of Appeals for the Fourth Circuit Rebecca Gantt ’11 The Hon. Raymond Jackson ’73 U.S. District Court for the Eastern District of Virginia

UVA Lawyer / FALL 2013  19


Law School News …

Wade Alexander Gelbert The Hon. Robert Ballou ’87 U.S. District Court for the Western District of Virginia

Kyle Christopher Mallinak The Hon. Robert Payne U.S. District Court for the Eastern District of Virginia

Jeff Albert George The Hon. Jeffrey Bivins Tennessee Criminal Court of Appeals

Nicholas Theodore Matich The Hon. Richard C. Wesley U.S. Court of Appeals for the Second Circuit

Matthew James Glover The Hon. Neil Gorsuch U.S. Court of Appeals for the Tenth Circuit

Stuart Seets McCommas The Hon. Alice M. Batchelder LL.M. ’88 U.S. Court of Appeals for the Sixth Circuit

Varun (Shiva) Goel ’11 The Hon. Maryanne Trump Barry U.S. Court of Appeals for the Third Circuit

Calleigh McRaith ’12 The Hon. Barry Anderson Minnesota Supreme Court

E. Jon Gryskiewicz The Hon. Robert Doumar ’53, LL.M. ’88 U.S. District Court for the Eastern District of Virginia Jonathan David Guynn The Hon. David Campbell U.S. District Court for the District of Arizona Andrew Spencer Hansbrough The Hon. Thomas Russell U.S. District Court for the Western District of Kentucky Christopher Anthony Hatfield The Hon. Robert Lynn New Hampshire Supreme Court Sarah Alison Hemmendinger The Hon. James Cacheris U.S. District Court for the Eastern District of Virginia Carl Richard Hennies The Hon. David C. Norton U.S. District Court for the District of South Carolina Monvan Hu The Hon. Jamie Happas N.J. Superior Court

20  UVA Lawyer / FALL 2013

Chase Johnson ’09 The Hon. Victor Wolski ’91 U.S. Court of Federal Claims Andrew Koelz ’11 The Hon. Charles Pannell U.S. District Court for the Northern District of Georgia Georgiana Konesky ’12 The Hon. Roger Titus U.S. District Court for the District of Maryland Theodore Druce Kwong The Hon. Andrew Hanen U.S. District Court for the Southern District of Texas Cameron Kynes ’11 The Hon. Gregory A. Phillips U.S. Court of Appeals for the Tenth Circuit Megan Lacy ’10 The Hon. Diarmuid F. O’Scannlain LL.M. ’92 U.S. Court of Appeals for the Ninth Circuit Aaron Lerner The Hon. E. Gregory Wells ’86 Calvert County (MD) Circuit Court

Jeremy Merkelson ’09 The Hon. Ketanji Brown Jackson U.S. District Court for the District of Columbia Seth Adam Meyer The Hon. Richard F. Suhrheinrich LL.M. ’90 U.S. Court of Appeals for the Sixth Circuit Jordan Miller The Hon. Stephen Markman Michigan Supreme Court Lisa Miller ’10 The Hon. Edgardo Ramos U.S. District Court for the Southern District of New York Ryan O. Mowery The Hon. Liam O’Grady U.S. District Court for the Eastern District of Virginia Priscilla O. Ochu-Artus The Hon. Arenda Allen U.S. District Court for the Eastern District of Virginia Anthony James Oley, Jr. The Hon. Lee A. Harris Jr. Henrico County (VA) Circuit Court


Law School News …

David Mitchell Parker The Hon. D. Brooks Smith U.S. Court of Appeals for the Third Circuit

Yangho Shin The Hon. Peter Bogaard N.J. Superior Court

Mike Toth ’06 The Hon. Edith Jones U.S. Court of Appeals for the Fifth Circuit

Samuel Poole ’11 The Hon. Lawrence Baskir U.S. Court of Federal Claims

Emerson Arthur Siegle The Hon. Norman Moon ’62, LL.M. ’88 U.S. District Court for the Western District of Virginia

Christine Tschiderer ’12 The Hon. Stuart G. Nash District of Columbia Superior Court

Tiffany Parrish Rainbolt The Hon. Karen Bowdre U.S. District Court for the Northern District of Alabama Austin Lewis Raynor The Hon. J. Harvie Wilkinson ’72 U.S. Court of Appeals for the Fourth Circuit Emily Renzelli ’12 The Hon. Irene Keeley U.S. District Court for the Northern District of West Virginia Whitney R. Ripplinger Virginia Beach (VA) Circuit Court

Laura Charlotte Smith The Hon. Jorge Solis U.S. District Court for the Northern District of Texas Austin Daniel Smith The Hon. Robert Doumar ’53, LL.M. ’88 U.S. District Court for the Eastern District of Virginia Jesse Stewart ’12 The Hon. Brian Jackson U.S. District Court for the Middle District of Louisiana

Monica Catherine Tuck Alexandria (VA) Circuit Court Jonathan Daniel Urick The Hon. Amul Thapar U.S. District Court for the Eastern District of Kentucky Rhuju Nishith Vasavada The Hon. Zachary Hawthorn U.S. District Court for the Eastern District of Texas Alexis Joy Weyers Virginia Beach (VA) Circuit Court

Taylor Stout ’10 The Hon. Rebecca Beach Smith U.S. District Court for the Eastern District of Virginia

Casey Lynn White The Hon. T.S. Ellis U.S. District Court for the Eastern District of Virginia

Levi William Swank The Hon. Alice M. Batchelder LL.M. ’88 U.S. Court of Appeals for the Sixth Circuit

Philip Daniel Williamson The Hon. Lavenski Smith U.S. Court of Appeals for the Eighth Circuit

Katherine Jordan-Schadler ’12 The Hon. Joseph Nega United States Tax Court

Mezathio Theodore Takougang The Hon. Kenneth Hoyt U.S. District Court for the Southern District of Texas

Joseph Wood ’12 The Hon. Jay Bybee U.S. Court of Appeals for the Ninth Circuit

Jason Schaengold ’12 The Hon. Edith Clement U.S. Court of Appeals for the Fifth Circuit

Tayler Wayne Tibbitts The Hon. N. Randy Smith U.S. Court of Appeals for the Ninth Circuit

Meredith Rugani ’07 The Hon. Margot Brodie U.S. District Court for the Eastern District of New York Joel Sanderson ’12 The Hon. Jane Stranch U.S. Court of Appeals for the Sixth Circuit

John Edward Schiltz The Honorable David M. Ebel U.S. Court of Appeals for the Tenth Circuit Kathleen Shen ’12 The Hon. Alison Nathan U.S. District Court for the Southern District of New York

Brian Michael Wotring Norfolk (VA) Circuit Court Tyler Young ’12 The Hon. Edith Jones U.S. Court of Appeals for the Fifth Circuit

U. S. Supreme Court Clerks Katherine Mims Crocker ’12 The Hon. Antonin Scalia

Brian Schmaltzbach ’10 The Hon. Clarence Thomas

UVA Lawyer / FALL 2013  21


Law School News …

A sample of the video and MP3 offerings found online

Multimedia News Offerings at www.law.virginia.edu/news A Constitutional History of the Long 1960s

Punishment and the Adolescent Brain Laurence Steinberg, a leading authority on psychological development during adolescence, delivered the P. Browning Hoffman Memorial Lecture in Law and Psychiatry. His talk was titled “Punishment and the Adolescent Brain: The Role of Developmental Science in Recent U.S. Supreme Court Decisions About Juvenile Offenders.”

How does constitutional change happen? What makes laws that have long been constitutional suddenly look anachronistic, unconstitutional or downright wrong? Risa Goluboff addressed these questions during a lecture marking her appointment as John Allan Love Professor of Law.

The Changing Nature of Covering the Supreme Court Dahlia Lithwick, senior editor and legal correspondent for Slate, discusses the changing nature of covering the U.S. Supreme Court in a talk sponsored by the American Constitution Society for Law and Policy.

Must Government Ignore Racial Inequality? Professor Kim Forde-Mazrui discusses how the government looks at racial inequality during a lecture marking his appointment as Mortimer M. Caplin Professor of Law. His talk was titled “The Canary-Blind Constitution: Must Government Ignore Racial Inequality?”

The Promise and Limits of Presidential Action on Climate Change

Compelled Commercial Speech Robert Post, dean of Yale Law School, delivers the keynote address for “Compelled Commercial Speech,” the second Jefferson Symposium, sponsored by the Thomas Jefferson Center for the Protection of Free Expression and the Journal of Law & Politics.

Public Deliberation and Private Property Rights: Can There Be Peaceful Coexistence? Richard Epstein, the Laurence A. Tisch Professor of Law at the New York University School of Law, delivers the second annual BeVier Lecture.

22  UVA Lawyer / FALL 2013

Robert Sussman, former senior counsel for the EPA, delivered the keynote address at the Virginia Environmental Law Journal symposium, “The Promise and Limits of Presidential Action on Climate Change.” Legal Innovation and the Progress of Law Law professor John Duffy discussed current thought on legal innovation and pointed to ways forward in a chair lecture marking his appointment as Samuel H. McCoy II Professor of Law.

The Founding: Reconsidered and Revised Michael J. Klarman of Harvard Law School offers a revision of the conventional understanding of the drafting and ratification of the U.S. Constitution during the McCorkle Lecture.


Law School News …

Corporate Liability in U.S. Courts for Global Actions Marco Simons of EarthRights International and Law professor Brandon Garrett discuss corporate liability in U.S. courts for global actions.

Transnational Terrorism M.E. “Spike” Bowman, a distinguished fellow at the Center for National Security Law and a former senior counsel for national security law at the FBI, spoke on transnational terrorism at the National Security Law Institute.

Can We Handle the Truth? Pulitzer Prize-winning journalist and author Ron Suskind, a 1981 graduate of the University of Virginia’s College of Arts and Sciences, and Kurt Wimmer, leading First Amendment lawyer and Suskind’s attorney, speak about their years locked in a legal battle with the Bush administration.

What Every Lawyer Should Know About Client Relationships Goldman Sachs managing director and adjunct professor Jim Donovan is a trusted adviser to some of the world’s most sophisticated organizations. He shared his insights into the effective management and cultivation of client relationships during a talk sponsored by the Career Services Office.

Democracy as Consumption Law professor Dan Ortiz delivers a chair lecture in which he focuses on citizens as consumers, rather than people who make choices that the political system is designed to aggregate with other citizens’ choices and carry out.

Cyber Threats to U.S. National Security Stewart A. Baker, former assistant secretary for policy at the Department of Homeland Security and former general counsel for the National Security Agency, spoke on cyber threats as part of the National Security Law Institute.

Welcome to the Class of 2016 Sarah Robinson Borders ’88, a partner in King & Spalding’s Financial Restructuring Practice Group, welcomed the Law School’s Class of 2016 at orientation.

Predator Drones and Targeted Killings Frederick Hitz, a distinguished fellow at the Center for National Security Law, a former statutory inspector general at the CIA, spoke on predator drones and targeted killings at the National Security Law Institute.

UVA Lawyer / FALL 2013  23


24  UVA Lawyer / FALL 2013


Judging

the Bench: Empiricism in the Legal Academy By Cullen Couch

Why do we vote for this candidate and not that one? Why do we believe we are right, and they are wrong? How do we determine what is fact and what is opinion? Political scientists and psychologists study these questions carefully, using empirical research to understand how we process information and make sense of our surroundings. In specific cases, they try to tease out the predictive nature of voting patterns or build cognitive theories that attempt to explain why we think the way we do—and, in turn, choose and decide in particular ways. In their paper, “Cultural Cognition and Public Policy” (cited by this magazine in an article about energy policy in Fall 2010), Professors Dan Kahan and Donald Braman of Yale Law School argue that empirical facts are often irrelevant in a policy debate. According to their research, we create factual beliefs based on our cultural orientations—the degree to which we identify ourselves as hierarchic or egalitarian, individualistic or communitarian—and not on empirical evidence. In the last twenty years, legal scholars have begun using these insights and other empirical tools to study law itself. What is law? What is legal thinking? And in a paper that appeared in the Virginia Law Review in 1997, former dean of NYU School of Law Richard Revesz turned his attention to judges themselves, employing empirical research to suggest that partisan ideology influenced voting patterns on the D.C. Circuit Court of Appeals.

UVA Lawyer / FALL 2013  25


Using as proxy the views of the party of the appointing president, Revesz wrote, “First, ideology significantly influences judicial decision-making on the D.C. Circuit. Second, ideological voting is more prevalent in cases, such as those raising procedural challenges, that are less likely to be reviewed by the United States Supreme Court. Third, a judge’s vote (not just the panel outcome) is greatly affected by the identity of the other judges sitting on the panel; in fact, the party affiliation of the other judges on the panel has a greater bearing on a judge’s vote than his or her own affiliation.” D.C. Circuit Judge Harry Edwards responded, also in the Virginia Law Review, with a scathing rebuke. “None of the three broadly-phrased conclusions of the study are borne out by the study’s methodology and findings. Revesz’s article presents some empirical data on a very narrow set of judicial dispositions in connection with review of a limited set of EPA actions in the D.C. Circuit. Because of the narrow focus of his study and the study’s highly suspect methodology, the conclusions that Revesz offers are extremely questionable.”

26  UVA Lawyer / FALL 2013

Not backing down, Revesz fired back. “It is somewhat sobering when one of the Nation’s leading federal appellate judges criticizes one’s work with great vehemence. Nonetheless, as this reply makes plain, Chief Judge Edwards is simply wrong with respect to each of the numerous criticisms that he levels against my work. Not a single one of his arguments weakens in any way the force of my findings.” Revesz’s use of empirical research to predict judicial decisions and Edwards’s flat-out rejection of that methodology created a stir in the academy, inviting legal scholars to leap into the chasm created between Judge Edwards’s “none” and Dean Revesz’s “not a single one.” What was a very public and very spirited exchange opened the door to deeper examination (and more debate between Edwards and legal commentators) about cognition and judging. “Twenty years ago we weren’t anywhere near this close to admitting the importance of the empirical side. …,” says Virginia’s Fred Schauer, David and Mary Harrison Distinguished Professor of Law. Schauer, named one of the three most influential scholars in legal education by National Jurist in 2009, is best known for his work in constitutional law, legal theory, and philosophy. “Doing


serious empirical research about judicial behavior, other than in political science departments, was pretty alien to the law school environment. There’s been a huge change in 20 years.” Michael Gilbert, an associate professor at the Law School, recently published an empirical study of judicial decision-making in the Journal of Legal Studies, and he teaches a seminar on that topic. His latest paper considers the independence of the bench in a new way, breaking down the usual rhetoric about the merits of judicial independence into discrete questions about decisional integrity and outcomes. “The point I try to make in my paper about judicial independence is that people have long conflated two issues,” says Gilbert. “They’ve said that independence is good because it makes judges more likely to do what the law requires, but it’s bad because it means judges—who wield extraordinary power—are not accountable to the public. People treat this like it’s one issue, a one-dimensional trade-off between independence and accountability. But it’s two-dimensional.” Naturally, judges find this kind of empirical reductionism to be problematic. “They can try to have statistics about how often a judge would rule this way or that, but other than that, I think it’s just strict speculation,” says Judge Eugene Siler ’63, LL.M. ’95 of the U.S. Court of Appeals for the Sixth Circuit. “Ideology probably plays a role in a small percentage of cases. Death penalty cases create more conflict than just about anything else we have.” Recently retired Judge Boyce Martin ’63, formerly chief judge of the U.S. Court of Appeals for the Sixth Circuit, says, “It’s hard to define ideology. For many people, the background and the training to get an appointment to be a federal judge means you’ve got to have some political contacts. But I think most judges coming into it have no predetermined political agenda.” According to Martin, judges base their perspective on their own life experiences. “I have African-American colleagues who have very strong feelings about racial discrimination. I have women colleagues who have strong feelings about sex-based employment discrimination. They come to the bench with strong personal beliefs, not prejudices, on how the cases should be resolved.”

Legal scholars have begun to study law itself. What is law? What is legal thinking? Are these studies meaningful? “Not if the objective is to show that a particular court is divided between people who have a conservative view and people on the other side who have a liberal view,” says Myron Steele ’70, LL.M. ’04, Chief Justice of the Delaware Supreme Court. “I don’t know what the objective of that might be.” Because Delaware statutes require that an equal number of seats be allocated between Republicans and Democrats, “We don’t even think in those terms,” says Steele. Virginia Supreme Court Chief Justice Cynthia Kinser ’77 thinks the research tries “to delve into the judge’s mind. Unless the judge opens up his or her mind and essentially answers what drove the decision, it can only at best be a study. And I don’t think it will always be accurate in its conclusions.” What practical effect could these studies have on advocacy itself? “In the classroom, we don’t emphasize ideological explanations for judicial decisions,” says Michael Livermore, who teaches administrative law, environmental law, cost-benefit analysis, and executive review of agency decision-making at the Law School. “We’re training lawyers to practice before courts—and that wouldn’t really help students prepare for practice before courts. Smart advocacy requires a lawyer to do the legal analysis first, and then set up a convincing narrative that might implicate a broader range of values. In the end, you want both pieces to point the judge toward the conclusion that is favorable to your client.” Certainly, the Revesz study and others like it are vulnerable to the claim that ascribing a judge’s decision to ideology or politics is a facile, even crude, approach. “There are certainly problems with the way cases in these studies are coded for partisanship,” says Barbara Spellman, who teaches evidence and the intersection of law and psychology at the Law School. “If they just say in a labor law dispute that a Republican would be on the side of management and a Democrat would be on the side of labor, then you’re not looking at the specific issues of the case. Sometimes you’re actually coding it in what other people might think is the wrong direction.” In the roundtable discussion that follows, Professors Gilbert, Livermore, Schauer, and Spellman explore the rise of empiricism in the legal academy, what it means for the profession and legal education, and how it might affect appellate practice and judicial selection in the future.

UVA Lawyer / FALL 2013  27


The Revesz/Edwards exchange about the D.C. Circuit raises the question: How accurate and useful are the empirical methods scholars use to analyze judicial decision-making? Livermore: It depends on the question you’re trying to get at. The question of ideological influence on judicial decision-making and how much can be attributed to ideology and how much to law is one that political scientists have been asking for generations. They would often take the United States Supreme Court as their object of study, a very specific court with specific features. The Revesz piece applied some of the same techniques to the circuit courts. The basis for the analysis is coding case outcomes. For example, in a labor case against management, if labor wins, that’s a liberal outcome. If management wins, that’s a conservative outcome. You compare those outcomes to the political party of the president

that appointed the judge and, in essence, the Revesz article showed that Republican appointees vote more for management than Democratic appointees. That started this back-and-forth with Judge Edwards and the broader debate about what this all meant and in particular what, if anything, empirical methodology can tell us about judging.

Is it accurate? Freakonomics author, Steven Levitt, linked the number of books at home to the social and economic success of children, suggesting that parents line their shelves with as many books as possible. Spellman: The number of books is just a proxy. It’s not the causal mechanism.

Judicial deliberations Judge Eugene Siler ‘63, LL.M. ’95: “ It’s usually collegial. We talk to the other judges. Of course, if we have oral argument, we confer right after oral argument. We communicate mostly by email but sometimes we talk to each other about the case. … “We have had partisan differences a few times in our circuit. Other circuits have had some conflicts like that. Everybody sort of points to the 6th Circuit as having the most conflicts that come out in the open, but I think it’s happened in other circuits, too. Just not as openly as ours has been.”

Judge Boyce Martin ’63: “ The United States has thousands of judges. I would say 89% of them make their decisions based on the law as they read it, and the rest make decisions off the top of their head without any real thought. The appellate courts, which are a very small part of this group, have contributed to the confusion. Leadership from the Supreme Court on down has not been consistent. If you read opinions in the 6th Circuit and you want a position, you could probably find cases on both sides. … “We have changed dramatically in my 34 years on the court. When I began as an appellate judge, it was three judges on a panel sitting eyeball to eyeball after oral argument. We didn’t decide who was going to do any of the work until after the oral argument. Today, we have dramatically reduced oral argument in our circuit. We divide up the cases in advance. One judge is responsible for each case. When I started, I didn’t share bench memos or anything. I did my own independent work in all cases. Now, if you do that, 28  UVA Lawyer / FALL 2013

everybody gets hacked at you because everybody wants to split it up and share it so they only have to do a third of the work as opposed to doing every case separately.”

Chief Justice Myron Steele ‘70, LL.M. ’04: “ The other four members of my court are just as smart as they can be and have a fabulous work ethic. We work hard at building consensus whenever we can, even if the opinion doesn’t read exactly the way we would’ve written it alone. I’m very fortunate in that respect.”

Chief Justice Cynthia Kinser ‘77: “ In Virginia, we’ve always been an extremely collegial court. Yes, we may have differences of opinion in a given case, but the collegiality has never been absent at all. I don’t think that you see the kinds of fights that you see in some of the federal appellate courts.… “Oral argument is very important. I go into all the cases having read the briefs and done the research and having some view about it, but there are many times when oral argument changes that view. Sometimes you go in on top of the fence and really hope that what you hear in oral argument will push you one way or the other. I think it’s very important and is invaluable. I would never want us to do away with it. … “I don’t know that it’s necessarily my role to try to get people to all come to the same decision on a case because I respect all of my colleagues’ viewpoints. We’re not always going to agree on everything, but I think it’s my job to make sure that there’s been a full discussion of the issues so the person who’s writing the opinion understands where everyone is.”


Michael Gilbert

There are so many things involved in such a conclusion. This idea of presidential appointment bias is also a big leap, isn’t it? Schauer: In fairness to the people who make this claim, they don’t assert that judges are voting to advance the goals of the party. Rather, they claim that the party of the president is a proxy for a cluster of ideological views. Since you can’t find out directly about the ideological views of the judges, this is a decent proxy for who’s liberal and who’s conservative. Liberal judges vote for liberal political positions in legal cases, conservative judges vote for conservative positions. The liberal/conservative perspective makes more of a difference than you think, and law makes less. Spellman: Right, with an important caveat: is it accurate? Does it give you something else besides the law?

Court confirmation hearings, Chief Justice Roberts said it’s just law; it’s like calling balls and strikes. He has been, in a way, unfairly castigated for that. He didn’t mean to say it was mechanical. He just meant to say there’s a difference between the rule-maker and the rule-applier. Justice Sotomayor says, yes, my background is relevant but all I do is apply the law. Justice Kagan said it’s law all the way down. They have very different conceptions of what the law is, and they are taking advantage of the setting to use the word “law” and mouth the right words before a confirmation committee to mask very different conceptions of what counts as law. Judge Richard Posner is a good example. He has a very expansive conception of what counts as law and he is willing to defend it publicly, to his credit. Others have a much narrower conception of what counts as law, and that’s a huge issue.

Professor Gilbert, would better empirical research help support your view of the value of judicial independence?

What is Law? That raises the question of what, exactly, is “law”? Schauer: This is partly an empirical question, but it’s also partly a normative question and partly a jurisprudential one. What is law? Everybody says it’s only law. In the three most recent Supreme

Gilbert: Well, it would if you could do it, but I’m not convinced you can. The point I try to make in my paper about judicial independence is that people have long conflated two issues. They’ve said that independence is good because it makes judges more likely to do what the law requires, but it’s bad because it means judges— who wield extraordinary power—are not accountable to the public. People treat this like it’s one issue, a one-dimensional trade-off

UVA Lawyer / FALL 2013  29


Fred Schauer

between independence and accountability. But it’s two-dimensional. I think about it like this. First, how likely is a judge to do what the law requires when the law is clear? Bracket the question of what counts as law. Second, when the judge does not do what the law requires, either because the law is not clear and doesn’t require a particular thing or because he or she doesn’t feel bound by law, will the judge’s non-legal decision be good or bad? The level of independence a judge enjoys could affect both of those questions. More independence may cause judges to do what the law requires more often—and, when they don’t do what law requires, to make decisions that are lousy. Data would be constructive on this point. If we could identify a class of disputes that are similar across jurisdictions, but one jurisdiction has independent judges and the other “dependent” judges, then we could look for differences in how they resolve the disputes. If all the judges make the same decisions in those cases where the law is clear, and if in the cases where the law is unclear the dependent judges systematically make decisions that seem better as a matter of policy, then we’ve really learned something. Suddenly dependent judges look pretty good. The problem is we first have to confront the very difficult question of what constitutes law. Before you can determine if judges are making decisions consistent with law you have to determine what law requires. And on this we have fundamental disagreements. As long as the outcomes of cases depend at least in part on one’s

30  UVA Lawyer / FALL 2013

conception of law, and as long as different people want different outcomes, then the fight over what counts as law will carry on.

Livermore: The other thing to keep in mind is that we’re studying a funny part of law. It’s only the part that finds its way into courts, where people more or less disagree about what the law says. There are obviously adjudications where one party knows that it’s wrong and it’s just doing it. But let’s say in the major cases, the cases that we care about, there is a dispute about what the law is. Those are the hardest cases to test. The many other cases where we know what the law is just don’t show up in court because disputes don’t arise. You know what the contracts say, or cases get settled. So we’re looking at a very slim part of how law shapes behavior. The instability that we see in law is really an artifact at some level of the small portion of the law that we’re looking at.

Schauer: Let me say a word in favor of why this is important. Don’t underestimate the denial of even the most obvious empirical parts of this in conventional, everyday commentary and legal scholarship, even about constitutional cases before the Supreme Court. People who criticize Supreme Court outcomes overwhelmingly act as if the justices have made obvious blunders when, in fact, there is a disagreement about policy or morality. Most constitutional law casebooks are overwhelmingly filled with cases and not the other things that might inform judicial decisions. There are lots


of people out there who will say they all know that ideology and personal background and the things we have been exposed to make a difference, but when they actually write and comment, they look remarkably constrained by a very narrow conception of law.

If Not Law, Then What?

Gilbert: And the justices don’t help! They write opinions as if the conclusions they reach are irrefutable and the dissenters, assuming there are any, are clearly off-base. They don’t write even-handed opinions that say, look, there are good arguments on both sides of this case, we’ve picked the side we think is right, but a reasonable person could do the opposite. We shouldn’t underestimate the other side of this equation, either. There are thousands of people out there, including scholars in political science and other areas, who deny that the law has force under any circumstance, who believe that it’s all politics all the way down.

Gilbert: This is what I was going to say. The work that Revesz did, and that hundreds of political scientists have done in the same vein, is predictive but not explanatory. It’s predictive in the sense that if you know the ideological makeup of the court, you can sometimes predict how the court will come out in a set of cases. But that doesn’t mean you’ve explained why it came out that way. It doesn’t mean you’ve identified which strands in the bundle motivated judges’ decisions. Here’s one way to think about it. Does Justice Scalia decide cases the way he does because he’s politically conservative or because he’s a textualist? The first, we would say, is an inappropriate basis for adjudication; the second, a perfectly defensible approach to resolving cases. If the way you measure Justice Scalia in your statistical model is with an “R” [Republican], then you can’t distinguish between those two approaches. You may be able to predict Justice Scalia’s votes, but you can’t tell whether he’s motivated by politics or by law.

Schauer: The people Michael is talking about are people who think that all of law is the Supreme Court decisions on cases involving the 1st and 14th Amendments and maybe a few other things. If you think that’s all of law, then you’re likely to dramatically overestimate the indeterminacy. Even the legal realists were more sophisticated than they’re given credit for being.

If the law isn’t always clear, then how do we decide cases? Political ideology? Isn’t that just a bundle of life experiences?

Evidence outside the trial record Judge Eugene Siler: “ Sometimes the parties don’t raise issues that we think they probably should. Some judges will decide the case on something that’s not raised. I’m very reluctant to do that. I think if the parties don’t raise it, then we don’t decide it. I don’t go outside the record on anything.”

Judge Boyce Martin: “I consider it my duty to get the record straight in each case, not by consulting outside evidence, but by ensuring that the argument is based on an appellate record that is complete, including exhibits. I can’t tell you how many times it resulted in a proper ruling because the government had done absolutely nothing, the defense attorneys had done nothing. They hadn’t even cited any cases that were very beneficial. I had to do all the work with my clerks, and in the end, the result was right, and it was a much better reasoned result than it would have been if it had just been affirmed without any real investigation. … “You’re talking to me about 50 years of experience as a prosecutor, a defense attorney, a civil litigator in a big firm, a state trial judge, a state court of appeals judge, a U.S. Circuit judge, and a retired human being looking back. Everything has had its influence at one time or another. Everything is open to question and explanation and doubt. The only hope when I finish the decision and mark it filed was that it was right and fair.”

Chief Justice Myron Steele: “ We would not do that. What our judges should do is get in touch with the lawyers and say, ‘I’m dissatisfied with the presentation. I’m convinced that my own independent research would get information that I desperately need. I want your consent to address the following sources of information or you address them and present them to me.’ There won’t be any independent investigation by the judge outside the record, and certainly not until the judge has sat down with the lawyers and informed them that he is dissatisfied and inclined to do his own research and get the lawyer’s reaction on the record.” Chief Justice Cynthia Kinser: “ I don’t consider it.” Judge J. Harvie Wilkinson III ’72: “ The law has a certain formality at its core. To some extent, it’s a high church and imposes a certain constraint. This whole idea that we’re going to consult another discipline and look at the consequences of what we do and weigh costs and benefits just lets you loose on a sea of unfettered discretion.”

UVA Lawyer / FALL 2013  31


Constitutional theory Judge Eugene Siler: “ I try to look at it the way the courts have determined it in the past, at least the way the Supreme Court has, and see if I can fit it in with that. If there is no guidance, why we’re freer to go in to see what was really intended from the start, or whether this was part and parcel of what the Founders wanted. I go to the text of the Constitution as much as I can. Sometimes I might have to go back to the proceedings of the Constitutional Convention or the Federalist Papers.”

Judge Boyce Martin: “ I agree with a lot of what Judge Wilkinson has said. However, it is difficult today to interpret a statute’s meaning under the Constitution unless you consider it in the context of today’s world. I agree we should not legislate, but should interpret. “I think some of the watershed cases where ideals of social justice overrode a legalistic approach was during the New Deal, Brown v. Board, then probably Roe v. Wade and the affirmative action cases like Michigan v. Gruter, where instead of leaving it up to the elected officials and legislature, the courts determined that the Constitution required something be done now because the legislature had done nothing before. … “Of course, I wrote the first Affordable Care Act opinion that upheld it. I upheld it under the Commerce Clause, and Chief Justice Roberts knew he had to find that it was constitutional. He just couldn’t agree that it was under the Commerce Clause, even though the health industry makes up 15% of the economy. … “I’ve talked at length with many judges in my career about what they think and how, but not as it relates to a given case. I think on constitutional theory most of them feel that we are not in the Scalia mode, but in more of a living constitution mode than has to be wadjusted to life as it is in this country today.”

With Justice Scalia, he dissented in the DOMA [Defense of Marriage Act] case, arguing there is “no power under the Constitution to invalidate this democratically adopted legislation.” The day before, he concurred with striking down section 4 of the VRA [Voting Rights Act]. What do you make of that? Spellman: As a psychologist looking at this, I really care more about that explanation than just the correlation, “I’m a conservative. I therefore want it to come out this way, so let me see how I can justify it.” You might say that someone is doing it because they’re a conservative, but I would say there’s no way of showing there is that

32  UVA Lawyer / FALL 2013

Chief Justice Myron Steele: “ We tend to see ourselves as statutory constructionists. We’re loath to write in our own views of what the correct policy outcome ought to be, particularly in the absence of any claim for equitable relief. We would try to rationalize whatever result we thought was appropriate as one that was driven by the precise language of federal precedent when it involves the United States Constitution and its principles and our own precedent and the plain language of either our Constitution or the statutes of Delaware.” Chief Justice Cynthia Kinser : “ I think it’s important to be a judge and not a legislator. I take that very seriously. There are many times where the General Assembly has said something in the statute that is perhaps not exactly what they intended. If it’s ambiguous, then statutory interpretation rules help us discern the legislative intent. If it’s plain and clear, we’re supposed to apply it as written. Perhaps I wouldn’t have voted for the statute, but that’s not my job. I separate out what I might’ve done if I were a legislator from what I do as a judge. The General Assembly has to make the policy determination.”

Judge J. Harvie Wilkinson III: “ My concern is that these theories have mesmerized everybody and have become so terribly seductive that we have almost allowed the theories to serve as a constitution of their own. I think it’s brought us away from certain fundamental aspects of the judicial role, the most important of which is judicial restraint. The different theories of the Constitution have left judges free to roam at will with their own predilections. That’s a very unsettling state of affairs because I don’t believe the Constitution was intended that way. I think that the basic approach to judicial rulings has to be a certain modesty and restraint on the part of the judge.” [see page 38 for complete conversation on Judge Wilkinson’s approach to constitutional theory]

kind of intent involved. Instead, if a judge has paid more attention to a certain line of cases in the past, and is familiar with those when a new case comes before the court, he or she might see and decide the new case similarly to the cases they’ve seen previously and differently from the ones that are novel. Once you go looking at things with pre-existing knowledge, with a certain focus, then you’re more likely to come out with certain answers unintentionally just because of what you’ve known in the past. I don’t want to use the word “bias” in the way you look at information because that connotes bad intent, but it’s the angle from which you approach it.


Barbara Spellman

Livermore: Another thing to think about is the normative framework. Let’s say that there are legal factors, which should bear on a judge’s decision, and there are non-legal factors that shouldn’t. Sophisticated lawyers know that there are cases where the plain meaning of existing law, applied to the facts, doesn’t mechanically generate an obvious outcome. Judges, sometimes, need to draw on a larger universe of factors: their interpretive preferences, policy intuitions, values, and so on. You need to ask yourself then: What factors should, and what other factors shouldn’t, be part of the calculus to resolve the hard cases? One of the factors that perhaps shouldn’t affect a judge’s decision is partisan advantage. Say I’m a Republican judge. It would be bad for me to find that voter ID laws are valid simply because I want to benefit the Republican party in future elections. That would be a bad reason, right? Alternatively, for a judge appointed by a Republican president, maybe that judge was selected knowing he or she had a particular background that would make her more sympathetic to management in labor disputes. Based on that information, we might be able to make predictions about how that judge might act in difficult cases under the National Labor Relations Act. Is that a bad thing, if we accept that values are going to be part of how judges make decisions? That’s obviously a normative question that folks need to ask. My sense would be no, but others might disagree.

Legalists vs. Realists What is the dispute between the legalists and the realists? That the resulting decision of one or the other is more or less valid? Schauer: It’s a dispute about the proportional contribution of formal written-down law compared to other stuff in producing judicial outcomes. Virtually no one says it’s all the formal writtendown stuff. Virtually no one says it’s none. It’s a dispute about how much of one or the other in what kinds of cases. Spellman: The formal written-down stuff, though, is the nice straw man. Schauer: Right. Then, of course, there is the imperfection of language. It’s hard to pin things down to such a fine degree that it means only one thing. That’s almost impossible, but you did a piece about that in an answer to Posner. Livermore: My point there is that no one’s a formalist and no one’s a realist in the pure sense. Everyone’s in the middle. Yes, we have these fights about realism and legalism, but maybe these fights are all about emphasis rather than content. If you look broadly at the decisions of the federal judiciary and you include in that the

UVA Lawyer / FALL 2013  33


Michael Livermore

unpublished decisions, then you see tremendous agreement among judges on how to apply the law. It looks like it doesn’t matter who the judges are. That’s what I think makes up the formalist position: that you could swap judges and you’ll get the same outcomes. But if you look only at 1st Amendment and 14th Amendment cases in the Supreme Court you might say you’re stupid if you’re a formalist, because obviously politics is what’s driving these decisions. Change one justice, and you have a totally different outcome. So it’s really a question of emphasis, what part of the law you want to understand, more than it is about actual views about how law affects decision-making.

Partisanship, Ideology, and Cognition Partisanship is different from ideology, isn’t it? Certainly, it is very rare at the federal level to see a purely partisan decision. Schauer: It’s rare to see a nakedly partisan opinion. People frequently accuse those who write opinions they disagree with of being nakedly partisan. Indeed, there were all sorts of accusations about naked partisanship in Bush v. Gore, but in fact the number of justices who voted somewhat differently than they had in the past on questions of state power versus federal power were, roughly … all nine of them. Both sides reversed roles.

Spellman: I also think intentionality is part of it in this emphasis on how much is law and how much is something else. But the ugly part, the accusational part, is, “you just wanted Bush to be president so that’s why you found that way and then made up reasons to support that decision,” whereas that doesn’t have to be the case to be a realist. You don’t have to think that it was done intentionally, just that there are extra-legal factors.

Spellman: So you believe that if you had locked them in a room so they didn’t know what was going on in the election and you gave them the story but everywhere the name “Bush” appeared you replaced it with “Gore,” and everywhere the name “Gore” appeared you replaced it with “Bush,” every justice would have decided exactly the opposite way?

Livermore: Extra-legal, which of course takes us back to our

Schauer: I don’t know.

question of what counts as a legal factor and what doesn’t?

Gilbert: This highlights a dilemma in empirical studies of judging. Judges know the stakes when they decide cases. They can see where each line of reasoning leads. So when they reach a particular

34  UVA Lawyer / FALL 2013


decision and you study it after the fact, you can’t tell whether the logic led them to that decision or whether they picked the decision they liked first and then backwards-programmed, finding the logic that would get them there. If you could hole up some judges and their cases in one room, and if you could hole up some copycat judges in another room with cases involving opposite sets of facts, and if you could obscure from all of them the relationship between their cases and the world at large, then experiments could really get you somewhere. Good luck with that!

decision-makers, most commonly judges, have a pretty strong view about the outcome that they want to reach. They then examine the law in light of their preferred outcome, and many times— not always, but many times—looking at what the law is with this kind of motivation leads them to find the law that supports their initial views. There’s a big literature in psychology called motivated reasoning. There’s this ugly word in some of the recent literature called “myside bias,” but we look at the world in light of preferred outcomes.

Schauer: The most plausible understanding of legal realism, and

Spellman: There’s even a better bias called the “blind spot bias,” where you can find the biases in everybody else but you don’t see the biases in yourself.

it’s a widely caricatured position, relates closely to what Mike just said. That is, one of the core claims of the legal realists is that legal

“Making” law Judge Eugene Siler: “ When you deal with statutory law that’s kind of vague, you have to decide a lot of things that Congress didn’t put in there. Maybe they had to pass it as a compromise, so they leave out some of the details and we have to fill them in. Congress knows what we’re going to do if they don’t put in the details of it. … “Most people say they don’t like activist judges, but sometimes judges have to do it because it’s our job to fill in the blanks. In my mind, an activist judge is the type of judge who would raise an issue that the parties didn’t raise at all and decide the case on something that was not part of the briefs or not part of the case, or wanted to change the law or raise an issue that the parties didn’t want or didn’t think about.”

Judge Boyce Martin: “ We haven’t adopted the Napoleonic Code and we’re not living like the Italians, French, Germans, and Spaniards. We’re using the same system as the English system. That’s part of the struggle of our society today. The attacks on the judiciary have been going on since the Supreme Court began. They’re the easy whipping boy and judges don’t like to be out front.” Chief Justice Myron Steele: “ The common law fills the gap when the legislature doesn’t step in with a statute in our state. Maybe there’s a difference between where you draw the line about sensitive social policy issues and where you draw the line about what principles to apply to resolve a dispute between litigants. That social policy overlay is where you get into people’s sensitivity about judges making law and you get crazy phrases about “activist judges.” I think controversies are unavoidable at the level of the United States Supreme Court and

maybe at some federal circuit levels and in some states. It may be unavoidable because the high courts have been confronted directly with a social policy question the Constitution or applicable statutes address ambiguously and the court can’t dodge it.”

Chief Justice Cynthia Kinser: “ The dividing line for me is it’s my responsibility to interpret the ambiguous statute, but it’s not my responsibility to put a gloss on it as to what I think it ought to be if I were a member of the General Assembly.”

Judge J. Harvie Wilkinson III: “ A lot of living constitutionalists have tried to compare their system to the old common law judge. They say they’re not that different from Benjamin Cardozo, who had to recognize the adaptive qualities of law. They say the great characteristics of the common law system are that it’s adaptive and incremental and works on a case by case basis, and that that’s all they’re doing as living constitutionalists. Well, that’s not all they’re doing. “Common law rulings were handed down by state judges and applied in a particular state. A legislature could overturn them. But these constitutional rulings often just throw federalism overboard. They don’t apply to just one state. They’re saying that it is the final word for the entire country and no legislative authority can overrule them. So, in both the scope and the finality of it, the living constitutionalists are operating totally different from our great common law tradition. For them to try to co-opt that tradition and say that they’re the descendants of the great common law judges is just wrong.”

UVA Lawyer / FALL 2013  35


Empiricism in Appellate Practice Livermore: Good lawyers know this stuff, too. Part of the way this plays out is how you argue before judges, how do you convince judges? Obviously, you don’t go to a judge and say, “You’re a Republican, so you vote with my side. I’m going to go collect my paycheck now.” For the same reason, in the classroom, we don’t emphasize ideological explanations for judicial decisions. We’re training lawyers to practice before courts—and that wouldn’t really help students prepare for practice before courts. Smart advocacy requires a lawyer to do the legal analysis first, and then set up a convincing narrative that might implicate a broader range of values. In the end, you want both pieces to point the judge toward the conclusion that is favorable to your client. That’s where the empirical research tells you what those proclivities are and how you would navigate that thicket. Livermore: Who appointed them is actually the least important thing. You can learn a lot more about their judging style, what kinds of arguments they favor and disfavor, by looking at and thinking about their past decisions. I actually don’t think empirical studies to date give you much purchase from an advocacy perspective. Justice Roberts based his opinion on the constitutionality of the Affordable Care Act on the taxing authority of Congress instead of the Commerce Clause. Is that a preconceived notion that Justice Roberts has in the back of his mind about the proper limits of the Commerce Clause? If so, is that appropriate? Schauer: It sounds very similar to what John Marshall was accused of doing in Marbury v. Madison. Maybe that sort of sets the ground rules for what’s appropriate and what’s not. Marbury v. Madison involved, under some accounts, John Marshall wanting to tell his arch enemy Thomas Jefferson what to do, but John Marshall knew that he didn’t have an army to back it up. So Marbury v. Madison is a scolding of Thomas Jefferson but ultimately comes down the other way. Or, under another interpretation of Marbury v. Madison, John Marshall was interested in establishing judicial review but the best way to establish judicial review was to do it in a case in which that wasn’t the major issue, so there’s a long tradition of judges being strategic. Gilbert: This leads to an interesting point, which is that the vast majority of these empirical studies of judging take as their dependent variable — that is, the thing they’re trying to explain—the judges’ votes or the outcomes of cases. But lawyers often do not care about particular outcomes, they care about the rules cases establish. A political scientist might systematically see correlations between judges’ ideologies and their votes, and he or she may conclude that it’s ideology doing all the work. But it could be that the content of

36  UVA Lawyer / FALL 2013

the rules was determined, and the rules thereafter direct behavior, in ways that we would consider quite legalistic and objective.

Livermore: This cuts against what a genuine realist would say: the rules don’t matter. If the rules don’t matter, then what are we fighting about, anyway? We’re spending all this time fighting about the rules, but then if we don’t think the rules matter …

Schauer: And, of course, legal realism is the interesting straw person. No actual realist ever believed that the rules didn’t matter. Spellman: There’s the formalist straw man and the realist straw man. Schauer: If we are looking for a straw man for realism, it’s probably Jerome Frank whose flamboyant language encouraged it. If we’re looking for the straw man for formalism, it’s probably Jeremy Bentham who had such contempt for judges that he wanted laws to be written in a stunningly detailed precise fashion so judges would have no power. But, since then, I’m not sure we have any real examples of either.

The Practical Effects of Empirical Research Where does all this lead? Where will we be in 20 years with empiricism and what practical effect will this have on your students? Schauer: Twenty years ago we weren’t anywhere near this close to admitting the importance of the empirical side, so it’s easy to quibble now about maybe having gone too far. Thinking it was useful to do serious empirical research about judicial behavior, other than in political science departments, was alien to the law school environment. There’s been a huge change in 20 years. Will it just gradually gain credence and judges will feel that they’re looked at differently? Will this do anything to the way they hand down decisions? Spellman: I’m not sure about that, but these days we worry about appointing a diversity of judges. We want to appoint minority judges and female judges and if we truly believed it was just law all the way down, then why should that really matter? You either believe that they’re bringing something different or interesting or important, or as with a jury, you just want it to look good so that people will go with the law because you have some kind of representation. Remember when Sandra Day O’Connor was the first female justice on the Supreme Court and a magazine cover appeared that said “Justice for All.” Really? One out of nine Supreme Court justices is a conservative woman and now that’s justice for all? So, I think


Empirical study of judicial deliberations Judge Boyce Martin: “ I’ve been pushed from a moderate middle to far more what people today want to label as liberal, and what I hate the most is that they talk about which president appointed me.” Chief Justice Myron Steele: “ From the Delaware high court perspective, if you’re talking about whether it’s Democrat/left as a gross generalization or Republican/right as a gross generalization, we’re uniquely situated. I believe we have the only state constitution which mandates that each of our important courts has to be balanced by party. You can have no more than a majority of one from a political party so party politics is basically out of our system. It’s not an issue. Chief Justice Cynthia Kinser: “ I understand what they’re saying, but the question I would raise is does that mean that someone who’s not been a Republican or a Democrat publicly in their life and career before going on the bench doesn’t have a chance because they’re not tagged as a Republican or a Democrat? … “Over the years the Virginia Supreme Court has never had the kind of voting bloc that you see in the United States Supreme Court. On any given day, those of us who might be viewed by the outside

world as being conservative or liberal are agreeing on issues, and if you look at the history of our court, you’ll see that we do indeed have a lot of unanimous decisions. I’ve been there 16 years and I’d say at least three-fourths of the time or more we’ve had unanimous decisions. … “I think whether you’re a judge or something else, you are the accumulation of all the life experiences that you’ve had. We’re all very different people because of those life experiences. We have different viewpoints, but I think that the beauty of an appellate court is that you bring together in Virginia seven people who come from different backgrounds, who’ve had different experiences and different viewpoints. I think because of that we deliver better decisions in the cases that come before us. … “I sometimes wonder, do our legislative bodies sometimes punt on the really difficult social issues and necessarily force them into the courts? I sometimes wonder if that happens in the federal system especially.”

Schauer: I won’t get into the confirmation process. That has been

statutory interpretation limits judicial discretion—and, by the way, probably tends to produce conservative outcomes. We don’t actually know if those things are true, and there are a variety of reasons to think they’re false, if not across the board then at least in certain circumstances. Empirical studies of judging may cast some light on these issues. If there’s a feedback loop between judges and legislators, those studies could also help us understand and better shape the character of statutes in the first instance — whether they are more rule-like or standard-like and so forth.

a charade for a hundred years and it’s going to continue to be a charade. Some number of grandstanding senators will ask Judge Soand-so, “Are you going to make new law or are you going to decide cases according to what was set forth by the Founding Fathers?” Anybody smart enough to be in that position knows what the right answer is to that question. I don’t think we’re going to make any progress there. But we may make some progress in terms of scholarship. We may make some progress in terms of how we teach our students. We may make some progress in terms of intelligent commentary.

Schauer: A good example of this, 123 years ago, was when Congress passed the Sherman Antitrust Act, which prohibits contracts, combinations, and conspiracies in restraint of trade or commerce. Congress thought it was perfectly appropriate to let judges create the body of antitrust law; 120 years after that, the Affordable Care Act is 2,100 pages long. Nobody thought the thing to do here is to tell judges to create the corpus of health care law. I think the change is, in a way, a recognition that judges bring to the table a lot of things other than substantively neutral, technical competence.

if we learn more about what goes into judging, then there may be more recognition about how important it really is to have diversity on the courts.

Empirical studies will back up these arguments in the confirmation process and in appellate practice. Is there a growing body of knowledge that practitioners and legislators will be able to use?

Gilbert: We may also make progress in understanding why the laws that judges interpret are cast in particular ways. To illustrate, it is a pretty conventional argument that a textualist approach to

Thank you very much.

UVA Lawyer / FALL 2013  37


A Nation Mesmerized and Seduced

Judge J. Harvie Wilkinson III ’72 on “Cosmic Constitutional Theory” United States Fourth Circuit Judge J. Harvie Wilkinson III ’72 is a longcelebrated member of the Law School community. After graduation, Judge Wilkinson clerked for Justice Lewis F. Powell Jr. on the United States Supreme Court, returned to the Law School as an associate professor for five years, and then served in the Department of Justice and as editor of Norfolk’s newspaper, The Virginian-Pilot. He briefly rejoined the Law School faculty before President Reagan nominated him in January 1984 for the Fourth Circuit. The Senate confirmed him that August. Judge Wilkinson has written five books about his experiences in politics and the judiciary. His latest, Cosmic Constitutional Theory: Why Americans are Losing Their Inalienable Right to Self-Governance, explores the animating principles behind various constitutional theories—living constitutionalism, originalism, political process theory, and pragmatism—finding merit in each but a missing ingredient in all of them: restraint. We sat with Judge Wilkinson in his chambers at the federal courthouse in Charlottesville and asked about his reasons for writing his book and more. The interview has been edited for length and clarity.

JHW: My concern is that these theories have mesmerized everybody and have become so terribly seductive that we have almost allowed the theories to serve as a constitution of their own. I think it’s brought us away from certain fundamental aspects of the judicial role, the most important of which is judicial restraint. The different theories of the Constitution have left judges free to roam at will with their own predilections. That’s a very unsettling state of affairs because I don’t believe the Constitution was intended that way. I think that the basic approach to judicial rulings has to be a certain modesty and restraint on the part of the judge. Learned Hand said the spirit of liberty is the spirit that is not too sure it is right. You need to appreciate that wisdom begins with an appreciation of the limits of knowledge. My problem is that these theories have been so beguiling and propounded by such legal luminaries that we’ve lost sight of the basic value of restraint. People have deployed these theories to reach results that are congenial on a policy level but really don’t have much to do with the basic role the judiciary was intended to play. A judge ought to look at his role like playing a part in a symphony. When you’re in a symphony, the violins have to understand what the violas are doing, and the violas have to understand what the cellists are doing, and the strings need to understand that they’re playing in coordination with the woodwinds and the brass. It’s the same thing with judges. We are a part of a larger effort playing in

38  UVA Lawyer / FALL 2013

concert, if you will, with Congress, with administrative agencies, with state courts, with the private sector, and with the executive branch of government. For our system of government to work, one part of that symphony, the courts, has to respect the role of the others. These theories aren’t teaching us that very much. They’re just allowing us all sorts of flexibility and latitude to do what we want to do, and that’s wrong. Q: On a practical level, do you think judges tend to make decisions using experience and common sense and then subconsciously reverse engineer them to fit their theoretical approach? JHW: Well, there’s such a large element of discretion in the theories, and that’s what’s so insidious. … These theories leave everything up to judicial discretion. For example, living constitutionalism leaves it up to the judge to define the law in terms of what the judge conceives to be conditions of modern enlightenment. Living constitutionalism encourages the judge to believe that we are on the vanguard of what society ought to be thinking, but the rights that the living constitutionalists create often find no grounding in constitutional text or theory or structure. It’s just all up to them. Originalism started as an answer to this. Then it proved to be little better than the theory it sought to displace. Look at the large element of discretion in originalism. You can just pick and choose what it is you like and call it original intent. The Heller decision went across the ocean to find some of it in the Stuart kings of Britain, and then they went a hundred years after the enactment of the Second Amendment to find other evidence. And sometimes the lack of that evidence allows the judge equal discretion to say, well, we don’t know for sure so let’s do this. Respecting the role of others in our system, the Constitution imparts two forms of liberty. Individual liberty is protected by our precious Bill of Rights, but democratic liberty is protected by the Constitution’s commitment to self-governance. Judges must respect both. Anyway, I was dismayed at the trend of things and where all these theories are leaving us. They’re very captivating to people because they’re so bright and they’re so creative, but we’re being mesmerized. We’re being sold a bill of goods. It’s led to misadventures of all sorts. Roe is one. Heller is another. Q: Do you use any parts of these theories in your decision-making, not purposefully, but in how you deliberate? JHW: When I approach a case the first question I ask is not what do I decide, but whether I am the one to decide it. That’s fundamental.


My overall framework of judging is fairly simple. It’s no big theory. These thoughts have been voiced many times before. We sit there and we respect the text and history and structure of the Constitution. We respect the role of the Congress and the executive branch. We respect the role of the states. We respect the expertise in appropriate cases of administrative agencies. We respect the role of trial judges in findings of fact. We respect the role of precedent. That’s no big theory, but if you follow it, it leads you to a certain respect for other people. You don’t have all the answers. You start to think maybe some other people have some good answers, too, and then you start to really listen. I think that’s very helpful. Q: Critics say you have to have a theory of constitutional interpretation. … JHW: They say if you want to follow the road of judicial restraint, is there anything left for you to do? Well, I’ve been telling you there’s a whole lot left for us to do. We’re not in any danger of running out of work. Interpreting the law is itself a monumental task. Look at these very complicated statutes and at the Code of Federal Regulations that probably stretches around the earth several times and maybe even to the moon. It’s no theory, but the Constitution has a role for judges to play. It’s very explicit and embodied in a set of “do nots.” It waves a finger at government and it says: you do not do certain things. You do not infringe the free exercise of religion. You do not establish religion. You do not impinge and suffocate free speech. You do not undertake unreasonable searches and seizures. You do not compel someone to testify against themselves. You do not discriminate on the basis of

race. You do not impinge upon free expression. Judges have a big role in enforcing constitutional “do nots.” But when you go from enforcing enumerated rights to drawing limits on the enumerated powers of a coordinate branch, you’re taking a big step. Now, the courts have tried for more than a century to find some workable limits to the commerce power. They’ve tried this idea and they’ve tried that idea. They’ve tried the difference between commerce and manufacturing and the difference between direct and indirect effects on commerce, and then finally, after Lopez, they settled on a three-part test, the most significant element of which is, does the activity in the aggregate have a substantial effect upon commerce. Well, that’s as elastic as it can possibly be. What has and has not, or what is or is not, a substantial effect is a totally subjective test and totally in the hands of judges. It’s in the eye of the beholder. That’s where judicial restraint really ought to kick in. You would think after more than a century of misadventures with this kind of thing that we would have learned, but apparently not. Q: Do you believe the Commerce Power has been used consistently with the intention of the Framers? JHW: Yes, I think it’s broadly been used by Congress to regulate interstate commerce in a way that draws this nation together as one commercial unit and recognizes that commerce is something that increasingly cuts across state lines. Congress has made numerous enactments pursuant to this enumerated power, and its efforts in this regard are subject to a heavy presumption of respect unless they’re trampling on one of the constitutional “do nots.”

UVA Lawyer / FALL 2013  39


Q: One of the things you said about living constitutionalism is that it gets to the point where it’s now so ingrained in society that it would be activist to roll it back. JHW: I hear you. And I think there you have to ask yourself two questions. Number one: a reliance interest builds up in judicial decisions over time, and courts do wish to respect precedent. You don’t want the law to be up for grabs every time a new justice joins the Supreme Court. I think we’re all practical enough to say we can’t just take every living constitutionalist precedent and just throw it overboard. That is not the way to proceed. But on the other hand, I don’t want this to become a one-way ratchet where living constitutionalists come up with a series of decisions not legally grounded and say, “Aha, we’ve got you. It’s now precedent and you have to respect it.” It’s always a one-way ratchet and we go more and more down the road to amplifying judicial power. And so we have this Scylla and Charybdis, if you will, of being practical and respectful of precedent on the one hand, while on the other you have the history of law as a one-way march aggrandizing judicial power. So how do we strike the balance? Well, the judiciary moves in a bit of an arc. We don’t make abrupt U-turns. The earlier precedents whose legal grounding is suspect should be tempered and changed and limited, but not abruptly. It’s an arc. It’s not a quick U-turn. Q: You predicted accurately that the Affordable Care Act should be upheld, however flawed it may be. The courts would have to give a very good reason to overturn such an act of Congress. Were you surprised that Chief Justice Roberts used the taxing power, and not the Commerce Clause, to uphold the individual mandate? JHW: Well, I wouldn’t want to get into it too much. I respect the result that the Court reached in that case. Personally, were I in Congress, I would never have voted for it, but that’s a totally different question from the question before a judge. I was never able to convince myself that the ACA was unconstitutional. I think it’s a deeply flawed enactment but also a constitutional enactment. Legislation can be profoundly wrong in the opinion of the judge and yet be thoroughly constitutional. To the degree that the ACA is going to be overturned or modified or adjusted, it’s going to have to be through a series of compromises struck by the political process. I’ve said this many times. I’ve never been able to convince myself that it was unconstitutional given the sizeable role that health care plays in the national economy, and the fact that large elements of it are interstate. I have never been able to persuade myself that Congress was disabled from addressing this subject. Q: Is it appropriate for an appellate judge to disagree about a particular constitutional provision and find ways to weaken it?

40  UVA Lawyer / FALL 2013

JHW: You have to give a lot of respect to precedent, but it’s not absolute. There’s got to be some room for play in the joints as far as precedent is concerned. The court has a different standard with respect to statutory precedent and to constitutional precedent. The theory goes that because constitutional precedent was created by judges, judges should feel freer to modify it, whereas statutory precedent ought to be left pretty much to Congress to change. That’s an interesting general observation, but I’m not sure how much it helps. Q: Is judicial activism the opposite of judicial restraint? At the appellate level in our common law system, sometimes judges have to make law to fill in blanks left by the legislature. Is that being an “activist judge”? JHW: A lot of living constitutionalists have tried to compare their system to the old common law judge. They say they’re not that different from Benjamin Cardozo, who had to recognize the adaptive qualities of law. They say the great characteristics of the common law system are that it’s adaptive and incremental and works on a case by case basis, and that that’s all they’re doing as living constitutionalists. Well, that’s not all they’re doing. Common law rulings were handed down by state judges and applied in a particular state. A legislature could overturn them. But these constitutional rulings often just throw federalism overboard. They don’t apply to just one state. They’re saying that it is the final word for the entire country and no legislative authority can overrule them. So, in both the scope and the finality of it, the living constitutionalists are operating totally different from our great common law tradition. For them to try to co-opt that tradition and say that they’re the descendants of the great common law judges is just wrong. Q: What about those areas where there is a legislative vacuum, either on purpose or by accident, which an appellate judge has to fill? JHW: We fill in vacuums in the sense that statutes are ambiguous and we have to interpret ambiguity. Q: Is that “making law”? JHW: Well, no, because I think Justice Brandeis said in Erie that there’s no general federal common law, so I wouldn’t call it “making law.” I would say that what you do when you interpret a statute or a ruling is to ground your decision in law. The answer may not be 100% clear, but that doesn’t mean you’re creating law or making law. What you’re always doing is relying on the textual grounding, the statutory grounding, the historical grounding, and what’s the structure in terms of separation of powers or between the federal government and the states. But you’re trying to ground that decision in solid legal principles, the more specific of which probably trump the more general.


Q: Brown was perhaps the iconic case of law getting out of the way of society, or bad law but good policy. Would you say Lochner was the opposite—good law but bad policy? JHW: Lochner was misguided for many reasons. It was not grounded in contract law. It was proposed as a substantive due process theory, and a substantive right was imported into a procedural clause. The due process clause has always suggested procedure to me and to most first-year law students until they get turned around. Now, Lochner is a perfect example of living constitutionalism. It is taking the due process clause and putting in these substantive rights which the employer wanted. It was a very congenial ruling for business. They have a right to contract, which would mean, if you carry it far enough, that there could be no minimum wage and no interference with business vis-a-vis their workforce. So they ginned up this theory, essentially. It wasn’t as full blown as it later became, but it was a progenitor of living constitutionalism. They had this pro-business agenda, which they put in using substantive due process. Oddly enough, the liberal justices on the court who were so eager to repeal what I agree was the unfortunate legacy of Lochner in the 1930s and the New Deal court­—this is one of the great ironies of American legal history—proceeded to do the very same thing under the due process clause that Lochner had done. They read into it a set of substantive rights that coincided with their own particular modern day agenda, so they’re all in the same camp together. You can say there’s a difference between personal and economic rights, but most of these living constitutionalist rights historically were the responsibility of state legislatures and resided at the core of the state police power. Q: Have you ever had a debate with Judge Posner on the record? JHW: We have. We’ve certainly exchanged barbs in our different work and we’ve had some long-distance correspondence which did not manifest complete agreement, but I have to say this: I like Dick Posner enormously. He’s such a nice person and the thing that’s engaging about Dick is he’s always willing to take you on about anything; he’s always ready to join the issue. That’s a lot of fun for me. He’s been a great credit to the federal courts. Q: I suppose the part that probably bothers you the most about his arguments is how he researches outside the trial record to put things in context. JHW: Yes, what he calls pragmatism. It’s way too loose. The law has a certain formality at its core. To some extent, it’s a high church undertaking and it imposes a certain constraint. This whole idea that we’re going to consult another discipline and look at consequences of what we do and weigh cost and benefits just lets you loose on a sea of unfettered discretion. I always thought legislatures had a

certain role in gauging what the effect of a policy would be. Dick is just letting us all out on the high seas, and I guess we can just sail our little craft where we will. He’s done the same thing that the originalists have done and the living constitutionalists have done. They’ve just imparted unfettered discretion to the courts. All the theories, and even the anti-theories, are like Dick’s pragmatism. They’ve all failed. They’ve gone too big. They’ve succumbed to grandiosity. They should never have done that. Q: Are you the same judge today as you were when you first went on the bench? JHW: Oh, gosh. I hope there’s been some real consistency to my record, but I hope I haven’t been so wooden that I have closed off my mind. My approach to it is basically the same. I’ve tried to remember just how much every case matters to the parties before the court. It may be one of hundreds that we hear, but to the people affected, that one case is everything. Just like when you walk into a doctor’s office, you want the physician attentive to you, not the patient before or the patient after. Well, people have the right to expect that same attention from a judge. I’ve just tried to respect other people and other organs of government, but when a core constitutional liberty protected by our Bill of Rights and the 14th Amendment is at stake, I’ve moved hard to support that. I take that very seriously because that’s really the heart of who we are. Our free speech; our free exercise of religion; the fact that the state doesn’t discriminate on the basis of race, color or creed; the fact that we do have a degree of privacy in our personal effects; the fact that we do have certain rights at trial, to counsel and crossexamination, and not to have confessions coerced from us. Those rights I take very very seriously and that’s what I regard as a core of my charge because that’s really a great part of American liberty. Q: You’re the judicial equivalent of Cincinnatus walking away from all the power that we want these theories to give you. … JHW: I ask you, isn’t one of the really worthwhile traits of public service, at all levels and in all branches, a sense of restraint? A restraint in appetite, it seems to me, translates into character. Isn’t that one of the great characteristics of the Roman Republic? What you worry about is becoming dulled by the spirit of empire and the blandishments of a more modern, more prosperous society, but perhaps restraint on the part of courts can serve as something of a small example. Maybe I’m naïve here, but restraint on the part of Congress in terms of its spending habits and of its own deportment could do the same. Restraint, I think, adds to the character of the country and I’m simply not embarrassed to be advocating it. Q: Thank you.

UVA Lawyer / FALL 2013  41


Faculty News & Briefs

In September Kenneth Abraham presented a paper at a faculty workshop, entitled “Self-Proving Causation.” In October he presented a paper, “Reclassification Risk and Its Regulation,” co-authored with Professor Pierre-Andre Chiappori of the Columbia University Department of Economics, to a conference on “The Law and Economics of Insurance” held at the University of Connecticut School of Law.

In February Barbara Armacost will be presenting her paper, “Restorative Justice” at the Love and Law Conference at Pepperdine University in Malibu, Calif.

Kerry Abrams published five articles and book reviews in the spring and summer of 2013: “Plenary Power Preemption” in the Virginia Law Review, “Citizen Spouse” in the California Law Review, “Family History, Inside and Out” in the Michigan Law Review, “What Makes the Family Special?” in the Chicago Law Review, and “The End of Annulment” in the Journal of Gender, Race and Justice. “Plenary Power Preemption” was cited in Justice Sotomayor’s dissent in Mutual Pharmaceutical Company v. Bartlett.

42  UVA Lawyer / FALL 2013

In July Margo Bagley’s book review, “On Shaky Ground? Review of Rajshree Chandra, Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights” appeared in the Journal of Intellectual Property Law & Practice. Her article “The Wheat and the GMO Tares: Lessons from Plant Patent Litigation and the Parables of Christ” will appear in the St. Thomas Law Journal (forthcoming 2013, symposium issue). In June she was a panelist at ATRIP Congress, University of Oxford, UK, on “Quality Control and Ranking of Specialized IP Journals.” In September as a member of the scientific committee, Bagley was panel moderator and paper discussant at the European Policy on Intellectual Property Conference in Paris, France. In November Bagley spoke at a meeting highlighting the release of her Woodrow Wilson Center-commissioned report, co-authored with Arti Rai, on “The Nagoya Protocol and Synthetic Biology.”

Abrams also filed an amicus brief in Hollingsworth v. Perry, the Supreme Court case on the constitutionality of California’s ban on same-sex marriage. After the Court dismissed Perry and struck down the Defense of Marriage Act in United States v. Windsor, Abrams wrote a series of blog posts on the Concurring Opinions blog discussing how the Windsor case might impact immigration law. In May Brandon Garrett and Abrams traveled to Muenster, Germany, where they taught a two-week course to German law students on “Current Issues in American Public Law.” In September Abrams helped plan and participated on a panel held on Grounds

entitled “After Windsor: Changing Marriage Laws in the USA.” Other participants were Claire Guthrie Gastanaga ’74, head of the Virginia ACLU, and James Parrish, head of Equality Virginia and a graduate of UVA. The panel was moderated by Allen Groves ’90, dean of students at UVA. Charlotte Patterson, professor of psychology at UVA and chair of the Program in Women, Gender, and Sexuality, helped to plan and sponsor the program. Also in September Abrams discussed the Windsor and Perry cases for the 2013 Supreme Court roundup at the Law School, an event sponsored by the Student Legal Forum and planned by A.E. Dick Howard ’61. Other panelists were Kim Forde-Mazrui and Risa Goluboff.


Faculty News and Briefs …

The tragic shootings at Sandy Hook, Chicago, and the Washington Navy Yard in recent months have heightened public interest in the laws governing access to firearms by people with serious mental illness. Richard Bonnie ’69 has been actively involved in efforts to develop and enact sensible evidence-based proposals on these issues in Washington and in state legislatures. A Consortium on Risk-Based Firearm Policies, which he helped to create with other experts on mental health, public health, and gun violence, is developing legislative proposals on criteria for temporary removal of firearms from people experiencing episodes that elevate risk of suicide or violence, for disqualifying people from purchasing firearms if they have histories of violent misdemeanors, and for restoring firearm rights to people previously disqualified based on histories of mental illness. These proposals will be officially released at a Public Forum on Risk-Based Policies for Restricting and Restoring Firearm Rights to be held at the University’s Batten School of Leadership and Public Policy in December. In June in Philadelphia Bonnie participated in a two-day discussion of the effects of legal protection of liberty and privacy in mental health care, with the aim of identifying policies and practices that assure that people experiencing mental health crises get the care they need in a timely, supportive and effective way. In October he spoke at the annual meeting of the Institute of Medicine in Washington on professional ethics, human rights and the values of medicine. Bonnie has also continued to promote an overhaul of the juvenile justice system based on the 2013 report of a National Academy of Sciences study he chaired. After the report (Reforming Juvenile Justice: A Developmental Approach) was published, the Department of Justice requested the

National Academies to formulate a road map for the Office of Juvenile Justice and Delinquency Prevention to carry out the vision set forth in the report. Bonnie agreed to chair this new study, which began its work in November. Bonnie also presented the keynote address at the annual conference of the Virginia Juvenile Justice Association in November and will present remarks at the MacArthur Foundation’s Annual Models for Change Conference in December where he will discuss the legal implications of continued advances in our understanding of neurobiological development during adolescence. Bonnie has also continued to explore the legal and public policy implications of emerging scientific understanding of the neurobiological, psychological, and social development of young adults and about the social, cultural, and economic landscape in which transitions to adulthood are now occurring. He is chairing a two-part study for the National Academy of Sciences on Improving the Health, Safety and Wellbeing of Young Adults. A summary of scientific workshop held in May was published in October and Bonnie is now heading a two-year consensus study that focus on the implications of current research for the nation’s health, education, and welfare systems and public policies. He participated in October at a Colloquium on this topic at UVA’s Curry School of Education sponsored by Youth-Nex, a center focusing on positive youth development. One of the salient features of the public health literature on young adults is the persistence of high rates of risk-taking, including peak levels of and alcohol and drug use and vehicle crashes, into the mid-twenties—an extended period of vulnerability beyond adolescence. This period is also the

period of onset for many types of serious mental illness. Bonnie’s work in this area has already included a 2004 report for the National Academy of Sciences on reducing underage drinking and he is currently chairing a Congressionally mandated study for the Institute of Medicine on the minimum purchase age for tobacco. Referenda in Washington and Colorado in November of 2012 suddenly revived public discussion of marijuana legalization, a topic that Bonnie addressed in the 1970s in both the academic literature and the public forum. In June he made a presentation at seminar at the National Academy of Sciences on the challenges of regulating marijuana in a way that adequately protects the public health. He offered lessons in regulatory design drawn from the nation’s experiences with alcohol and tobacco regulation. He particularly focused on use of public distribution monopolies, licensing controls, and other strategies for avoiding private promotional expenditures aiming to increase consumption, while establishing and funding channels for communicating effective public health messages. He made presentations on this topic at several other conferences, including a symposium on Compelled Commercial Speech at the Law School in October sponsored by the Thomas Jefferson Center for the Protection of Free Expression.

UVA Lawyer / FALL 2013  43


Faculty News and Briefs …

This fall Darryl Brown ’90 is visiting on the faculty of UCLA law school. In January he is publishing an article on “The Uncertain Effects of Efficiency in Criminal Process” in the Virginia Law Review. Brown is slated to present papers at the Criminal Justice Round Table at Vanderbilt University in November and at the Criminal Justice Symposium at Southern Methodist University Law School in January.

Michal Barzuza’s paper “Noise Adopters” is forthcoming in the Columbia Business Law Journal. She presented the paper at Brooklyn Law School in August. She also presented “Do Director Interlocks Empower Outside Directors?” (co-authored with Quinn Curtis) at the American Law and Economics Association Conference in Nashville in May and at Fordham Law School in October. 

44  UVA Lawyer / FALL 2013

Michael Collins’s dedication to teaching was rewarded in April with the University of Virginia All-University Teaching Award. He is one of nine UVA professors to receive the accolade this year. “I’m really happy to get the award,” Collins said. “It means a lot to me, particularly because there are so many good teachers at the Law School and because the faculty seems to take teaching seriously.” Collins previously taught at Tulane Law School, where he won the school’s distinguished teaching award three times. In addition to his numerous published articles, he has co-authored casebooks on federal jurisdiction, civil procedure, and most recently, on transnational civil litigation. Collins also published a new casebook entitled Transnational Civil Litigation (West 2013) with George Rutherglen and Joachim Zekoll (Frankfurt); and his article “Jurisdictional Discrimination and Full Faith and Credit,” co-authored with Ann Woolhandler, will be published in the Emory Law Journal next spring.

In September Jonathan Cannon was elected as a Fellow of the National Academy of Public Administration. He is serving as Vice-Chair of a National Academy of Sciences committee on the future of EPA’s laboratory system, which will issue its report next spring. He is working to complete a draft of a book on the environmental decisions of the Supreme Court by December.

Last spring George Cohen reported on two conferences at which he was presenting papers. One of those papers has now been published: “Beyond the No-Contact Rule: Ex Parte Contact by Lawyers with Nonclients” in the Tulane Law Review. The other, “The State of Lawyer Knowledge Under the Model Rules of Professional Conduct,” will be published in January by the American University Business Law Review. Also in January Cohen will be speaking at the AALS annual meeting on “Productively Participating in Institutional Governance.” This year Cohen is serving as the immediate past chair of the UVA Faculty Senate. In that capacity, he serves as the faculty consulting member on the Board of Visitors’ Educational Policy Committee, Special Committee on Diversity, and Advancement and Communications Committee.

In September Albert Choi presented at the Annual Reputation Symposium at Oxford University and in October at the Organizational Economics Workshop at the Sloan School, Massachusetts Institute of Technology. In December he will be presenting at the Theoretical Law and Economics Conference at Vanderbilt University Law School; in January at the law and economics workshop at University of Chicago Law School; and in March at the law and economics workshop at UCLA Law School.


Faculty News and Briefs …

Kevin Cope’s article, “The Intermestic Constitution: Lessons From the World’s Newest Nation,” was published in volume 53 of the Virginia Journal of International Law. Cope’s latest paper, “Elective International Law in Congress,” was one of six submissions recently selected for presentation at the upcoming annual workshop of the American Society of International Law’s International Law in Domestic Courts Interest Group, to be held at Yale Law School. In October he presented the paper at Washington and Lee University School of Law. Cope recently began serving on the supervisory committee of the American Bar Association’s International Law in U.S. Politics

Brandon Garrett

Quinn Curtis is working on completing a study of investment fees in 401(k) plans. He is also working on a study of outside corporate directors with Michal Barzuza. In the near future, Curtis is planning additional work on costs in 401(k) plans, including some policy recommendations to address excess costs.

and Greg Mitchell just published studies in the Journal of Empirical Legal Studies examining how laypeople weigh fingerprint evidence, “How Jurors Evaluate Fingerprint Evidence: The Relative Importance of Match Language, Method.” This Fall Garrett completed a study of lineup policies in Virginia, “Eyewitness Identifications and Police Practices in Virginia,” which is forthcoming in the Virginia Journal of Criminal Law. Garrett’s essay, “Accuracy in

Ashley Deeks is publishing two pieces in the coming months. The first is an article in the Fordham Law Review entitled “The Observer Effect: National Security Litigation, Executive Policy Changes, and Judicial Deference.” It should come out in November. The second is a book chapter for an edited volume. The title of her chapter is “Domestic Humanitarian Law: Developing the Law of War in Domestic Courts.” The book is titled Applying International Law in Judicial and Quasi-Judicial Bodies: International and Domestic Aspects, D. Jinks, J. Maogoto, S. Solomon eds., Asser Press 2014.

National Law School Consortium. As part of the consortium, he supervises a group of law-student editors who research and write short articles on developing issues related to international law in U.S. politics. In October, as part of Georgetown University Law Center’s Supreme Court Institute, Cope served on a panel that mooted one of the advocates in Bond v. United States. Bond addresses, among other things, Congress’s power to implement aspects of the Chemical Weapons Convention. During the 2013–14 academic year, Cope is serving as a visiting associate professor of law at Georgetown, where he teaches International Law and Contracts.

Sentencing,” is forthcoming in Southern California Law Review this Fall. Garrett’s book review, “The Banality of Wrongful Executions” is forthcoming this fall in the Michigan Law Review annual books issue, and reviews three recent books dealing with wrongful convictions. His short piece—“Remaining Silent after Salinas,” is forthcoming online in University of Chicago Law Review Dialogue. In May Garrett gave a talk about his forthcoming book on corporate prosecutions, “Too Big to Jail,” in Muenster, Germany on May 15. In September he spoke at the Law School about that research at an event entitled “Corporate Liability in U.S. Courts for Global Actions.” In June Garrett gave a presentation at the United Nations before the OHCHR Global Panel, “Moving Away from the Death Penalty: Wrongful Convictions,” about lessons from DNA

exonerations in the U.S. for the global death penalty debate.  In September he gave a talk to defense lawyers at a Public Defender Conference of the Virginia Indigent Defense Commission about false confessions in Hampton, VA. In November he spoke at an American Bar Association conference at the Carter Center in Atlanta on the death penalty. In February Garrett will be helping the Virginia Journal of Criminal Law organize a conference on criminal discovery in Virginia. Garrett has also written a series of op-eds: “It’s High Time for Lineup Reform” in the Richmond Times-Dispatch, Sept. 1, 2013; “Criminal Justice and the Court’s Past Term” in the Harvard University Press Blog, Aug. 2, 2013; “You Don’t Have the Right to Remain Silent” in the Huffington Post, June 19, 2013; “Are DNA Profiles the New Social Security Number?” in the Huffington Post, June 4, 2013 (with Erin Murphy); and “Two Gateways to Habeas” on the ACS Blog, May 30, 2013 (with Lee Kovarsky).

UVA Lawyer / FALL 2013  45


Faculty News and Briefs …

Michael Gilbert published “Campaign Finance Disclosure and the Information Tradeoff ” in the Iowa Law Review, and “Interpreting Initiatives” in the Minnesota Law Review (prepared for a symposium in October titled “A More Perfect Union? Democracy in the Age of Ballot Initiatives,” at the University of Minnesota). In December he is publishing “Judicial Independence and Social Welfare” in the Michigan Law Review. Gilbert just completed with a co-author (Ben Aiken ’14) a draft paper titled “Disclosure and Corruption.” The paper challenges conventional wisdom by showing that mandated disclosure of money spent on politics can exacerbate rather than reduce quid pro quo corruption. Gilbert also completed a draft paper titled “Insincere Rules.” The paper shows that rule makers can get regulated parties to act in preferred ways by, paradoxically, directing them to behave in non-preferred ways.

Between now and the spring

Andrew Hayashi

Rachel Harmon published “Why Do We (Still) Lack Data on Policing?” in the Marquette University Law Review as part of a symposium on the Wickersham Commission. Harmon has also been nominated to serve on the National Academy of Sciences’ National Research Council Committee on the Illicit Tobacco Market: Collection and Analysis of the International Experience.

will be submitting a report to the Citizen’s Budget Commission in New York City on property tax reform options for the incoming mayoral administration. Hayashi is currently doing research on (1) the distributional effects of property tax assessment limitations, (2) the effects of the housing market collapse on household borrowing behavior, and (3) alternative models of taxing “phantom income” and wealth. Hayashi is also in the planning stages of a long term project to develop a searchable database of state and local tax laws.

In June Deborah Hellman published “Defining Corruption and Constitutionalizing Democracy” in the Michigan Law Review. She is the co-editor of Philosophical Foundations of Discrimination Law, which will be published by Oxford University Press in early 2014. In addition to editing that volume, she has also contributed an essay of her own titled “Equality and Unconstitutional Discrimination.” Hellman has written an essay on profiling called “Racial Profiling and the Meaning of Racial Categories” which will appear in

46  UVA Lawyer / FALL 2013

the book Contemporary Debates in Applied Ethics, second edition, edited by Andrew Cohen and Christopher Wellman which is expected in 2014 from Wiley-Blackwell. In June Hellman presented her paper “Equality and Unconstitutional Discrimination” at a workshop on discrimination at the Université catholique de Louvain in Belgium and in May she gave a short presentation on the topic of “Can Campaign Finance be Reformed?” at The Center for the Constitution at Montpelier. Hellman plans to present her work

In September Risa Goluboff gave a lecture for Constitution Day at the Library of Congress. In addition, she is serving as special advisor and chair of the advisory committee for a Library of Congress exhibition commemorating the 50th Anniversary of the Civil Rights Act of 1964. In October Goluboff gave a legal history workshop at Harvard Law School. In November she presented (on a panel with colleague Jessica Lowe) on criminal law history at the American Society for Legal History annual meeting. In December she will be a visiting professor at the Law Department of the London School of Economics.

in the coming year at Yale and the University of Toronto. At Yale she will participate in a conference hosted by the Yale Law Journal marking the 50th Anniversary of the Civil Rights Act of 1964 and at the University of Toronto she will participate in a workshop hosted by the Center for Ethics on The Value of Equality.  


Faculty News and Briefs …

A. E. Dick Howard ’61 received the Legacy of Nuremberg Award from the Virginia Holocaust Museum and the Virginia Law Foundation. He was recognized for “his unparalleled contribution to global standards for the rule of law and the prevention of crimes against humanity in the shaping and drafting of constitutions in many lands.” Also, Howard was the keynote speaker at the Virginia Law Foundation’s 2013 Rule of Law Award ceremony in Richmond. His subject was “The Uncertain Journey to the Rule of Law.” At Yorktown Howard made the keystone remarks at the cornerstone laying for the future American Revolution Museum. He said that, in recounting the history of the American

Revolution, we are telling a story that resonates “everywhere that people yearn for accountable government and the freedom of the human spirit.” At James Madison University Howard gave the inaugural lecture in the University’s Madison Vision Series. In a lecture entitled “James Madison’s Long Shadow,” Howard focused on the global impact of Madisonian ideas, including the need for civic education and the nurturing of a constitutional culture. For many years, at each meeting of the Fourth Circuit Judicial Conference, Howard has organized and moderated a panel reviewing the Supreme Court’s most recent term. At the conference’s 2013 meeting, Howard

moderated a panel whose members included Linda Greenhouse (Yale), Ted Olson (D.C. bar), John McGinnis (Northwestern), and Allison Orr Larson ’04 (William and Mary), reviewing the Court’s 2012–13 Term. Closer to home, Howard organized and moderated the Law School’s annual Supreme Court Roundup. On the panel were Howard’s colleagues Kerry Abrams (on the Court’s same-sex marriage decisions), Risa Goluboff (on the Voting Rights decision), and Kim Forde-Mazrui (on the University of Texas affirmative action case). Howard gave an overview of the term and the Roberts Court generally. An essay based on his remarks is being published in the online Virginia Law Review under the title, “Ten Things the 2012–13 Term Tells You about the Roberts Court.”

Deena Hurwitz presented “Applying a Human Rights Based Approach in Legal Education: A Case Study of Gender Justice in Palestine at a conference in October on “Global Legal Education Approaches, Experiences for Palestine” at Hebron University College of Law in Palestine. As a pedagogical method, a human rights based approach bridges the theoretical-practical divide that characterizes traditional legal education. One of the goals of legal education is to equip and empower lawyers to use the law for the pursuit of justice. The law must be effectively and sustainably enforced, and that requires attention to process and outcomes. Teaching students to look at the dynamics, processes and structures of social, political, and economic relationships as they impact law and legal systems, and to identify and measure accountability in practical terms, is an essential form of critical thinking. This paper explores the fundamentals of the human rights based approach and its advantages for legal education, and applies them to examine gender justice in the law curriculum. Two Law School clinic students travelled with Hurwitz to work on a project having to do with the “Separation Barrier” (aka the Wall). Hurwitz has been invited to be a faculty fellow with the University’s Center for Global Health—among their first designees. She is also supervising some dozen Law students on several interdisciplinary projects as part of the University-wide Diplomacy Lab, a program initiated by the State Department to engage students in global related policy work. They will be working with students from other parts of the University producing memos and research for various parts of the DOS.

In October Leslie Kendrick ’06 attended a conference, “International Perspectives on Public Law,” held in London and sponsored the University of Notre Dame. She also participated in the Jefferson Symposium on Compelled Commercial Speech at the Law School. The conference is sponsored by the Thomas Jefferson Center for the Protection of Free Expression and the Journal of Law & Politics. In January Kendrick will be on the panel of the mass communication law program at the AALS annual meeting in New York. The panel will address “The U.S. Supreme Court and the Press: Tensions and Trends.” In February she will speak at the 2014 William & Mary Law Review Symposium on Free Speech. In March she will present a paper at the Legal Theory workshop at UCLA. Kendrick’s paper “Free Speech and Guilty Minds” will appear in Columbia Law Review in 2014. This year Kendrick presented the paper at UCLA, Hebrew University, and the Freedom of Expression Scholars Conference of the Information Society Project at Yale Law School. 

UVA Lawyer / FALL 2013  47


Faculty News and Briefs …

Douglas Laycock received the Roger and Madeleine Traynor Faculty Achievement Award from the Law School. He co-authored a petition for certiorari in Big Sky Colony v. Montana Department of Labor and Industry, involving a free-exercise claim by a Hutterite religious group that completely renounces individual property, and a Supreme Court merits brief for respondents in Town of Greece v. Galloway, involving the kinds of prayers that can be said at city council meetings. In March he spoke at an invitation-only conference on Freedom of Assembly and Religious Liberty, sponsored by the Federalist Society and the John Templeton Foundation, in Charlotte, N.C. In April he gave the Robert E. Scott Distinguished Chair Lecture, on Religious Liberty and the Culture Wars, at the Law School. Laycock recently published “Edward Schempp and His Family” in the Journal of Supreme Court History.

John Monahan’s recent publications include: Gray, N., Gunn, J., James, D., Monahan, J., Snowden, R., Taylor, P., Walker, J., and Warren, L., “Dangerousness” in Gunn, J., and Taylor, P., Forensic Psychiatry: Clinical, Legal, and Ethical Issues (2nd ed). London: Hodder Arnold. Monahan, J., “Violence risk assessment” in R. Otto (Ed.), Handbook of Psychology, Vol. 11, Forensic Psychology (2nd ed). New York: Wiley. Monahan, J., “The inclusion of biological risk factors in violence risk assessments” in I. Singh, W. Sinnott-Armstrong, and J. Savulescu (Eds.), BioPrediction, Biomarkers, and Bad Behavior: Scientific, Legal and Ethical Implications. New York: Oxford University Press. Monahan, J., “Gangs, violence, and psychiatry” in American Journal of Psychiatry, 170. Swanson, J., Van Dorn, R., Swartz, M., Robbins, P., Steadman, H., McGuire, T., and Monahan, J., “The cost of Assisted Outpatient Treatment: Can it save states money?” American Journal of Psychiatry, ajp.psychiatryonline.org, 1–10. Monahan’s forthcoming publications are: Faigman, D., Monahan, J., and Slobogin, C., “Group to individual (G2i) inference in scientific expert testimony” in University of Chicago Law Review. Monahan, J., and Skeem, J., “Risk redux: The resurgence of risk assessment in criminal sanctioning,” in Federal Sentencing Reporter.

Michael Livermore has published (with Revesz, R.) “Regulatory Review, Capture, and Agency Inaction” in the Georgetown Law Journal and “Rethinking Health-Based Environmental Standards in the New York University Law Review. He has forthcoming “Cost-Benefit Analysis and Agency Independence” in the University of Chicago Law Review and “Patience is an Economic Virtue: Real Options, Natural Resources, and Offshore Oil” in the University of Colorado Law Review.

48  UVA Lawyer / FALL 2013

This summer David Martin and his coauthors published the second edition of their casebook on refugee law, Forced Migration: Law and Policy, T. Alexander Aleinikoff, Hiroshi Motomura and Maryellen Fullerton, (West 2013). Martin also published an essay titled “Dual Citizenship: Reflections on Theodore Roosevelt’s ‘Self-Evident Absurdity’” as part of a Festschrift volume honoring Professor Kay Hailbronner of the University of Konstanz in Germany, on the occasion of his retirement. Martin and Hailbronner had collaborated on many transnational research projects over the years, co-editing several books on immigration and citizenship law. In April Martin delivered a lengthy introduction of the Law School’s distinguished visitor, Richard Goldstone, retired justice of the South African Constitutional Court and the first prosecutor of the

International Criminal Tribunals for the Former Yugoslavia and for Rwanda, before Justice Goldstone’s remarks to the Charlottesville Committee on Foreign Relations. Later that month Martin was a featured panelist at a conference at Stanford Law School on “Immigration Reform: Promise, Prospects and Pitfalls.” By chance, the Stanford conference took place two days after the initial release of the full 800-page text of the key Senate bill, which had been drafted by the so-called Gang of Eight, a bipartisan group of Senators. The conference thus provided an early opportunity for analysis of and debate over the legal provisions and the politics that shaped this bill. (With relatively minor changes, the bill was passed by the full Senate in June.) In June Martin participated as a panelist in one of the plenary sessions during the Workshop on Poverty, Immigration


Faculty News and Briefs …

and Property, held in San Diego as part of the mid-year mMeeting of the Association of American Law Schools. His panel addressed the topic “After [Arizona’s] SB 1070: Exclusion, Inclusion and Immigrants.” That same month, he spoke at the National Convention of the American Constitution Society in Washington, D.C. The session’s topic was “Comprehensive Immigration Reform: DREAMs, Possibilities and Obstacles.” In October Martin delivered the luncheon keynote address, titled “What an Unbroken Immigration System Would Look Like,” for The Rosemary P. and John W. Galbraith Conference on Immigration. That two-day conference, on “Immigration Reform: Politics, Policy And Process,” was organized and sponsored by UVA’s Miller Center

and held at the Ronald Reagan Building and International Trade Center in Washington, D.C.

In June Robert O’Neil spoke and served as a panel member at two programs of the national conference of the National Association of College and University Attorneys, in which he has been an active member for many years. In September he asked Justice Ruth Ginsburg if she would invite the law clerks of the Supreme

John Norton Moore is pleased to report that the 37th annual conference of the Center for Oceans Law and Policy (COLP), which Moore directs, took place in June of this year in Seoul, Korea. The volume of papers from this conference which Moore will co-edit, Freedom of Navigation and Globalization, will be published by Brill in early 2014. The volume of papers from the 36th annual conference, The Regulation of Continental Shelf Development: Rethinking International Standards, has just been published and is co-edited by Moore, Myron Nordquist, Aldo Chircop, and Ronán Long. The 18th session of the Rhodes Academy of Oceans Law and Policy, which is also organized by the COLP, took place this summer in Rhodes, Greece, and was attended by an especially well-qualified group of 52 students.

Gregory Mitchell and Brandon Garrett recently published “How Jurors Evaluate Fingerprint Evidence” in the Journal of Empirical Legal Studies, and Mitchell was a co-author of “Predicting Ethnic and Racial Discrimination: A Meta-analysis of IAT Criterion Studies,” which was published this summer in the Journal of Personality and Social Psychology. Mitchell was a speaker this fall at the annual conference of the American Employment Law Council.

Court’s 1962 October term to gather for a 50th reunion dinner, which included a number of children and even a few grandchildren. According to O’Neil, “she was delighted and thoroughly enjoyed the event; we all rejoiced at her good health and good spirits.” O’Neil’s son David, who clerked for Justice Ginsburg in 2001, joined a group of other second

This summer the Center for National Security Law (CNSL), which Moore also directs, hosted its 22nd National Security Law Institute. Moore taught classes at the Institute on Understanding War, Institutional Modes of Conflict Management, and the Use of Force in International Relations. In September CNSL co-hosted with ABA a workshop on “Teaching National Security Law: Lawyers in the National Security Process.” The day-long program at the Law School featured an eminent group of experts on the topic. In October CNSL also co-sponsored with the ABA the 23rd “Annual Review of the Field of National Security Law” conference in Washington, D.C.

generation clerks at the party. In October O’Neil was one of two presenters at a webinar for new trustees presented by the Association of Governing Boards of Colleges and Universities. As a senior fellow of AGB, with an office in downtown Washington D.C., O’Neil continues offering such presentations and meeting new trustees in the process.

Students from top law schools in China visited UVA Law this summer as part of the U.S.-Asia Institute 2013 Rule of Law Program, which aims to increase the participants’ awareness and understanding of U.S. politics and culture and provide avenues for them to critically think about rule of law in U.S. and China. At the Law School, the students met with Moore and Thomas Nachbar, and several students and administrators. Moore invited Dr. Rachel Kleinfeld to the Law School for an October lecture “From Iconoclasts to Insurgents: Corruption, Conflict, and Building the Rule of Law in Weak States.” Kleinfeld was named one of the Top 40 under 40 Political Leaders in America by Time magazine in 2010 for the Truman Project’s work training a new generation of leaders to advance smart security policy for America.

UVA Lawyer / FALL 2013  49


Faculty News and Briefs …

In September Dan Ortiz delivered his chair lecture, “Democracy as Consumption,” to mark his appointment as Michael J. and Jane R. Horvitz Distinguished Professor of Law. The lecture critiqued the idea of the citizen as the center of democracy. Instead, Ortiz explained, citizens are consumers. He is now working on an article discussing why First Amendment doctrine and voting rights law more generally has failed to offer tools that can well-analyze the so-called “Voting Wars.”

In September Richard Schragger published “Against Religious Institution” (co-authored with Micah Schwartzman) in the September issue of the Virginia Law Review. “Is a Progressive City Possible? Reviving Urban Liberalism for the Twenty-First Century” was also published this fall in the Harvard Law and Policy Review as part of a symposium on “Progressive Cities: Innovative Solutions to Urban Problems.” Schragger attended a conference on the New Religious Institutionalism at DePaul University College of Law where Schwartzman and he will presented a paper entitled “Some Realism About Group Rights.” In December Schragger will be presenting the same paper at the London School of Economics.

In August Michah Schwartzman ’05 presented a paper entitled “Religion as a Legal Proxy” at the International Consortium for Law and Religious Studies conference on Religion, Democracy, and Equality. In September he (co-authored with Nelson Tebbe, Brooklyn Law) to an online SCOTUSblog Symposium on Town of Greece v. Galloway; and helped organize a conference on “New Religious Institutionalism” at the DePaul College of Law. At the DePaul conference, Schragger and Schwartzman presented their third co-authored paper, “Some Realism about Group Rights.” In February he will be presenting a paper entitled, “Beyond Religion: A Reply to Koppelman and Berg,” at the second annual conference of the University of San Diego School of Law Institute for Law and Religion. Schwartzman recently published two articles: “Against Religious Institutionalism” (with Richard Schragger) in the Virginia Law Review; “Obligation, Anarchy, and Exemption,” in Constitutional Commentary (reviewing Abner S. Greene, “Against Obligation: The Multiple Sources of Authority in a Liberal Democracy”(2012)). Schwartzman has two papers forthcoming: “Lost in Translation: A Dilemma for Freedom of the Church” (with Schragger) in the Journal of Contemporary Legal Issues; and “Reasoning from Conjecture: A Reply to Three Objections,” in Rawls and Religion (Tom Bailey and Valentina Gentile eds., Columbia University Press, 2014).

Over the summer George Rutherglen published a casebook with Michael Collins and Joachim Zekoll, Transnational Civil Litigation. He has also been working on the following articles: “Concrete or Abstract Conceptions of Discrimination” to be published in a collection of essays, Philosophical Foundations of Discrimination Law (Oxford University Press); “Sovereignty, Territoriality, and the Enforcement of Judgments” (with James Y. Stern), a paper delivered at the Sokol Colloquium and to be published in the Virginia Journal of International Law; “The Origins of Arguments over Reverse Discrimination: Lessons from the Civil Rights Act of 1866” to be published in a collection of essays on the Civil Rights Act of 1866; and the “Influence of the Civil Rights Act of 1964 on Subsequent Legislation” to be delivered at a symposium at Stanford and published in the Stanford Journal of Civil Rights & Civil Liberties.

50  UVA Lawyer / FALL 2013

Molly Shadel and Graham Lilly ’63 have an article coming out in the Arkansas Law Review entitled “When Privilege Fails: Interstate Litigation and the Erosion of Privilege Law.”


Faculty News and Briefs …

On September 30 Paul Stephan ’77 gave a talk at Case Western Reserve University School of Law on Taxpayer Abuse and International Law. In October he took part on a panel at the annual meeting of the International Law Association on the new restatement of the foreign relations law of the United States. As coordinating reporter of that Restatement, Stephan met with two separate advisers committees of the American Law Institute to review progress to date. In February Stephan will present a paper at Duke Law School on conflicts over international law and the structure of courts. He also will be teaching International Business Transactions at Duke during the winter-spring semester.

Fred Schauer returned to the Law School after spending 2012–13 as visiting professor of law at Columbia Law School. He also taught a short course in June, the Theory and Practice of Legal Reasoning, at Hebrew University of Jerusalem. This summer Schauer’s Spanish edition of Thinking Like a Lawyer was published by Marcial Pons, Madrid. In July Schauer delivered papers on reasoning from authority, legal positivism, and legal reasoning at International Congress of Jurisprudence and Social Philosophy, in Belo Horizonte, Brazil. In September he published “The Jurisprudence of Custom” in the Texas International Law Journal, and spoke on Transparency and Financial Institutions at the Conference on Global Financial Regulation at Yale Law School. In November he was the featured speaker on “Law and Coercion” at Oxford University; and spoke about parts of current book-in-progress, “The Force of Law,” at Cornell Law School and at University of Toronto.

Pierre-Hugues Verdier is working with Mila Versteeg on a comparative project on the reception of international law in domestic legal systems around the world. This will be the most comprehensive project of its kind, as it involves looking not only at written constitutional provisions but also systematically researching legal doctrine in the relevant countries by reference to all available sources, using the assistance of local attorneys when necessary. They will be presenting the project at the 2014 Annual Meeting of the American Society of International Law in Washington, D.C. Verdier is also working with Paul Stephan and Versteeg on planning the 2014 Sokol Colloquium, which will bring together leading scholars on Comparative International Law. This emerging field examines the differences in how purportedly uniform international law rules are interpreted and applied in different national legal systems, and the causes and consequences of these differences. Verdier is also completing an empirical study with Erik Voeten of Georgetown University on the evolution of foreign state immunity around the world, which he recently presented at the Lauterpacht Center for International Law at Cambridge University. Alongside these public international law projects, Verdier remains actively involved in the field of financial regulation. In the spring of 2014 he will be teaching for the first time a course on International Financial Regulation, which will combine lectures, professional guest speakers, and practical exercises on negotiating and drafting financial transactions. He will also be chairing a panel later this fall at the “Reconceptualizing Global Finance and Its Regulation” conference at the University of Hong Kong.

UVA Lawyer / FALL 2013  51


Faculty News and Briefs …

Ted White’s book, American Legal History: A Very Short Introduction, will be published by Oxford University Press

this fall. Oxford’s Very Short Introduction series, designed for “anyone wanting a stimulating and accessible way into a new subject,” includes over 300 titles, ranging from Advertising and Ancient Warfare to Viruses and Witchcraft. His book is primarily about private law topics in American legal history from the colonial period through the twentieth century.

In February George Yin taught a UVA flash seminar to undergraduate and graduate students on “From the ‘Fiscal Cliff ’ to ‘Sequestration’ and . . . Beyond.” The seminar reviewed the government’s resolution of its “fiscal cliff ” crisis at the very beginning of 2013, and discussed the nation’s longerterm budgetary outlook. In April Yin delivered the keynote address to a tax symposium in Chicago sponsored by the Northwestern University Law School on “100 Years under the Income Tax.” Among other things, Yin discussed the role of nonpartisan staff in the legislative process. From 2003-05, Yin served as chief of staff of the Joint Committee on Taxation, one of the most prominent nonpartisan staffs presently serving in Congress. His remarks to the tax symposium were subsequently published in Tax Notes. In May Yin commented on “The Impact of Legal Enforcement: An Analysis of Corporate Tax Aggressiveness after an Audit,” at the National Tax Association’s Spring Tax Symposium in Washington, DC. The paper presented the counterintuitive finding of corporate taxpayers taking more, not less, aggressive tax positions after experiencing an IRS audit. In September Yin participated on a panel

52  UVA Lawyer / FALL 2013

In October White participated in a conference at the Law School on Charles Beard and the Constitution. He commented on papers in the plenary session. The conference proceedings will be published in Constitutional Commentary and White will be contributing an article entitled “Charles Beard and Progressive Legal Historiography.”

discussing recent tax reform proposals of the staff of the House Ways & Means Committee affecting the taxation of partnerships and limited liability companies. The panel was part of the ABA Tax Section meetings in San Francisco. Certain of Yin’s views were published in Tax Notes and were based upon earlier work he completed as coReporter of an ALI Project on the taxation of private business enterprises. During 2013 Yin completed three other writing projects. His article, “Legislative Gridlock and Nonpartisan Staff,” was published in the Notre Dame Law Review. This article describes the past and present use of nonpartisan professional staff in Congress and considers the impact on legislative gridlock if (as some have suggested) Congress relied more heavily on such staff. His manuscript, “James Couzens, Andrew Mellon, the ‘Greatest Tax Suit in the History of the World,’ and Creation of the Joint Committee on Taxation and Its Staff,” will soon appear in the Tax Law Review. This article delves into the details of a public and very personal feud between Treasury Secretary Andrew Mellon and Senator James Couzens (R.-Mich.), two

White also participated in another conference at the Law School on Compelled Commercial Speech, presenting a paper, “The Evolution of First Amendment Protection for Compelled Commercial Speech,” which will be published in the Virginia Journal of Law and Politics.

of the nation’s wealthiest public servants during the 1920’s. The dispute helped lead to the creation of the U.S. Congress’ Joint Committee on Taxation and its staff in 1926, and affected two of the most contentious tax issues of the day – the publicity of tax return information and the depletion allowance for natural resource production. Yin presented this work at several venues, most recently at Boston College Law School in January. Finally, Yin and co-author, Karen Burke, completed the second edition and teacher’s manual of their casebook, Partnership Taxation, both published in June by Aspen. Yin is presently scheduled to make presentations at several programs during the next few months, including the AALS annual meeting in New York in January, a symposium on “Tax Reform in a Time of Crisis” in Malibu, Calif., sponsored by Pepperdine Law School later in January, a tax policy workshop at Tulane Law School in New Orleans in March, and the Tax Study Group meeting at the Law School in April. He also is scheduled to deliver the Fogel Lecture at Temple Law School in Philadelphia in late March. Several of the presentations will involve research Yin is currently conducting on past IRS scandals, including the agency’s activities during the Nixon Administration.


Class Notes We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.virginia.edu/alumni; E-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road, Charlottesville, VA 22903; or fax them to 434/296-4838. Please send your submissions by April 15 for inclusion in the next issue.

1936

1940 he joined the faculty

from Temple. On one trip

by Sir Edward Coke to

battle at Guadalcanal,

of Temple University in

to Peru’s Machu Picchu in

the Lord Chancellor and

was listed as lost at sea

Philadelphia, where he

2001, the guide double-

the further development

for 71 years. His remains

taught full-time for 38

checked his passport

of English Common

may have been found at

years (leaving during that

to verify that 91 was his

Law. He maintained his

last—his nephew and

time to serve in the U.S.

correct age.

annual legal certification

niece have been contacted

Navy in World War II) and

Warren M. Ballard passed

In May 2010 he

of Continuing Legal Educa-

by the Navy and asked for

then 15 years part-time.

attended an off-year Law

tion credits until he was

DNA samples for verifica-

He taught a variety of

School reunion, having

nearly 98.

tion, according to a recent

subjects to both full-time

met Dean Mahoney at a

students and those who

reception in Baltimore ear-

came for evening courses.

lier. The following year he

He was an inveterate

enjoyed a happy hour in

article by Alabama Media.

1939

Tucker was mentioned in Ken Burns’ 2007 documentary, The War,

away on July 18 at the age

learner and traveller, and

Baltimore with other UVA

Charles Waller Tucker, a

and his nephew and

of 102. He was a triple

with his second wife,

Law alumni and quizzed

World War II Naval aviator

niece were interviewed

’Hoo, earning a B.S. in

Anne, he took advantage

them about equities; he’d

whose plane was last seen

for the film regarding the

political science and a M.S.

of having more freedom to

been re-reading about

plummeting from a height

family’s service in wartime.

in political science, before

do so following retirement

the early 1600s challenge

of 23,000 feet during the

Tucker had just started

his L.L.B. in ’36. While at UVA he was president of the student government,

1948

earned a varsity letter in track, and had rooms on

The Class of 1948 was the first

the Lawn and both the

class ever to celebrate its 65th

East and West Ranges. He

reunion as a group during Law

met his first wife, Katie, at

Alumni Weekend. The May reunion

UVA, where she was

was the result of the efforts of

getting her master’s in

classmates John Huffaker and

history.

Robert Nusbaum. Nine members

Following Law School

of the class, along with Carol

Ballard joined Cadwalader,

White, widow of Richard, returned

Wickersham & Taft in New

to Charlottesville with spouses,

York City, which led to the

children, and grandchildren in tow

opportunity to work in

from as far away as Louisiana.

public financing with the

On the first day of the reunion

Top row, left to right: Toy Savage, Harry McCoy, Charlie Russell, Don Wells, Bob Nusbaum Bottom row, left to right: John Huffaker, Howard DeMuth, Jack Jones Not pictured: Atwel Somerville; Mrs. Carol White, widow of Richard White

Reconstruction Finance

classmates, guests, and the Class

Corporation in Washing-

of 1948 Professor of Scholarly

ton, D.C. When he set his

Research in Law, Greg Mitchell, gathered at The Boar’s Head for a lovely dinner. The following evening the Class of

sights on teaching law,

1948 joined members of the Classes of 1953, 1958, and the Lile Law Society for dinner at the Law School, where

he attended Yale for post-

Professor Mitchell discussed the differences between law education during the blue book era and now.

graduate coursework for

The Class of 1948 65th Reunion was a milestone for its members and for the Law School Alumni Association alike.

aspiring law professors. In

UVA Lawyer / FALL 2013  53


Class notes …

Thomas Wyche ’49 and His Love for Greenville

practicing law in Mobile, Ala., when the war began. He enlisted with the Naval Air Corps in Pensacola, Fla.,

Few people have a stronger

mixed-use development now stands. He also led the

graduated with the cadet

sense of place or com-

development of Heritage Green, a campus of muse-

class of 1940, and became

mitment to Greenville,

ums, galleries, theaters, and a library.

a fighter pilot. He was part

South Carolina than

of the Cactus Air Force, an

C. Thomas Wyche . Following

new Hyatt hotel, offers a mix of convention and office

graduation from the Law

space. Collaboration through civic and private funding

Allied air group assigned

Greenville Commons on Main Street, anchored by a

to provide cover for a

School, he moved home to Greenville to work in his

created a major performing arts center downtown

U.S. Marine Corps unit as

father’s practice. In the subsequent six decades he

as well. As his plans for all of these projects took

it fought.

has been one of the most influential leaders in the

shape, Wyche went to work on the challenging task of

city. He had the vision, decades ago, to lead the way

securing the resources, the real estate, and the people

in preserving thousands of acres along the Blue Ridge

to make it all possible.

1940

Wyche’s determination to improve Greenville is at

Escarpment. Wyche, 86, has been honored many times over the

least matched by his determination to help preserve

When Mortimer M. Caplin

years for his civic contributions, most recently by the

the natural beauty of this part of South Carolina called

stepped down after 23

Greenville Drive, the local minor league team affiliated

Upstate. He founded Naturaland Trust, one of the

years of service on the

with the Red Sox. Their video tribute showcases the

South’s first conservation land trusts after returning

board of directors of

remarkable array of projects he has championed over

from a trip to Los Angeles and seeing how develop-

Danaher Corporation, the

the years.

ment had devastated the foothills and mountainsides

CEO of Danaher wrote a

He has always seen a bright future for Greenville,

of that region. An accomplished photographer, he has

letter of tribute detail-

even when others could not. From the 1950s on, he

published six books on the natural beauty of Georgia

ing Caplin’s impressive

never wavered from his determination to improve the

and the Carolinas.

accomplishments and

quality of life in the city, even through the 1970s, when

commitments in academ-

the downtown was in dismal shape by any standards.

“My tenacity has been a key to my success,” said Wyche in an interview for Greenville Business

ics, public service, legal

He imagined RiverPlace, a lively gathering place

Magazine. He stays with a project for a long time—

practice, and business.

and cultural center that includes, by his design, studio

even decades—if he really believes in it. He’s never

He credited Caplin’s

space for artists with rents at below-market rates and

shied away from the hard work it can take to make

crucial role in leading

a cascading water feature for the public to enjoy. It

things happen.

Danaher through decades

took 25 years to acquire the real estate on which the

—Rebecca Barns

of impressive growth and change. your goals.” These lessons,

Cromwell in New York.

are housed, acquisition

work for the Mellon family

inspiration to all who have

wrote Danaher’s CEO,

In 1957 he was hired as

of 1,864 acres of land in

for years.

had the privilege of work-

will continue to motivate

assistant to philanthropist

Fauquier County for Sky

ing with him,” he wrote,

the company long after

Paul Mellon, and in the

Meadows State Park, plan-

Edgar Allan Jones Jr.

and then quoted words of

Caplin’s retirement.

following three decades

ning for Cape Cod National

passed away on May 10

advice from Mort Caplin’s

became his chief in-house

Seashore, and federal

in Santa Monica, Calif., at

2005 commencement

counsel, personal advisor,

protection of Cumberland

the age of 92. He taught

principal administrative

Island in Georgia. He was

torts, labor law, and labor

assistant, and gatekeeper.

trustee and executive vice

arbitration at UCLA Law

“Mort has been an

address at the Law School:

1950

“First, avoid fixed and rigid plans. Instead, allow

Thomas H. Beddall died at

president of the National

School from 1951 until

for flexibility, innovation

his home in Paris, Va., on

with a number of major

Museum of Racing in

his retirement in 1991.

and possible change, but

September 3, at the age

projects, including con-

Saratoga Springs, N.Y.,

For several years in the

always hold true to your

of 91. He served in the

struction of the west wing

where Paul Mellon

1950s and ’60s, while still

personal values. Second,

Army in the Philippines

of the Virginia Museum

attended thoroughbred

teaching law full time, he

be willing to accept risk

in World War II, and

of Fine Arts in Richmond,

horse races. After retiring

was cast as the judge on

when necessary as you

afterwards began his legal

where Mellon collections

in 1989, Beddall continued

three different courtroom

move forward toward

career with Sullivan and

occasional consulting

TV shows: Traffic Court,

54  UVA Lawyer / FALL 2013

Beddall assisted Mellon


Class notes …

1958 By Ted Torrance,

Dillard Scholarship Fund,

area, looking at everything

into a “somewhat smaller

only $1 in damages was

Corresponding Secretary

to which Ben Phipps made

from Ivy to Vinegar Hill,

rental” on the upper east

awarded. In 1993 he

1955 Windward Way

a generous lead gift of

noting that “Charlottesville

side of Manhattan.

presided over a racketeer-

Vero Beach, FL 32963

$5,000. Fred arranged for

is substantially changed,

e-mail: etorr@cox.net

a photographer to record

still quite handsome, still

Gordon M. Hobbs retired

to convictions of members

the gathering, and you

stately, but not the quiet,

after 40 years of service as

of the Gambino family. In

The usual preoccupations

can see the fine results

slow-moving place we

attorney-advisor to the U.S.

another more controversial

of summer and a dollop

(and even identify some

knew when we arrived in

Army since the mid-1990s.

decision, Judge Leisure

of inertia precluded me

of your aforementioned

the Fall of 1955.”

He recently relocated from

ordered release of tran-

from making an all-court

classmates) at the Class of

Virginia to Waxhaw, N.C.,

scripts of Richard Nixon’s

press on my classmates

1958 photoset on the site,

Alan Diamonstein has

near Charlotte, to be close

testimony to a grand jury

for news, but thanks to

FLICKR: www.flickr.com/

completed the maximum

to his youngest daughter,

during the 1949 espionage

Fred Goldstein I did receive

photos/uvalaw/sets. Finally,

permitted eight years of

Amy, her husband, a

trial of Alger Hiss. He ruled

a detailed summary of our

Fred proposed a toast to

service on the University’s

Marine (now inactive), and

in 1999 that the docu-

55th reunion in May.

“missing friends” and read

Board of Visitors and

two granddaughters.

ments should be made

our class necrology over

comments that he already

the last five years.

misses his role on the Board.

Fred reported the following as being in attendance: Jim Atkin, Art

On Saturday morning

ing and drug trial that led

public because of their

Peter Leisure died on

“inherent and substantial

September 17 at the

historical importance.”

Berney, Bill Bunting, Terry Davis, Brent Higginbotham, Allan Johnson, Haven Knight, Doug Mackall, Ben Phipps, and Henry Williams,

most attended the Law

A bit of sad news: Mike

age of 84. He worked in

Alumni Association meet-

Gottscho, who for a time

private practice and in the

Erratum Department: In

ing to hear something of

shared an apartment in

criminal division of the

the last issue I reported on

the doings of the As-

Washington with Chuck

U.S. Attorney’s Office for

reminding Don Devine that

sociation and to hear Dean

Saunders, called to advise

the Southern District of

he was presumably still

in some cases joined by

Mahoney, before gathering

me of Chuck’s death in

New York until 1984, when

our class president. Since

wives or significant others.

for lunch at Caplin

August. I normally do not

President Ronald Reagan

then I have talked with

In addition, Sam Eggleston’s

Pavilion. On Saturday night

report on the passing of

nominated him to the

John Oram, who extremely

widow, Marjorie, was

dinner was held at the

classmates in this column,

federal bench. He served

gently and diplomatically

welcomed by our class.

Law School, after which

but Chuck was by any

on the bench for 26 years

pointed out that, when

until retirement in 2010.

we left Charlottesville

some took the time to join

standard a luminary of

went very well. Cocktails

the reunion of the Class

our class, and I think it

and dinner on Friday

of 1988 and visit with

appropriate to make an

high-profile cases in his

elected president, and

evening at Westover, a

Dick Salladin’s daughter,

exception in Chuck’s case.

career. In one, an antitrust

absent an intervening

lovely estate in Ivy owned

Anne, now a senior counsel

case brought by the now

election probably remains

by the University, were

at the Office of the General

Henceforth you will no lon-

defunct U.S. Football

so. Clearly, your scribe’s

enhanced by a visit from

Counsel, U.S. Treasury.

ger find Michael Kaplan at

League against the NFL,

memory is failing, whereas

his palatial co-op in Ft. Lee,

the USFL persuaded the

his forgettery is running full

The reunion apparently

Dean Paul Mahoney. Dean

Fred wound up his visit

He presided over several

in 1958, he was the duly

Mahoney thanked the

to Charlottesville with a

N.J., he and Harriet having

jury that the NFL was an

tilt. My apologies to all for

class for establishing the

nostalgic drive around the

sold it in favor of moving

illegal monopoly, but

the oversight.

Day in Court, and Accused.

1952

Bar Association mu-

section and of a bar-

course materials. McNeal’s

The cases in these shows

nicipal law section and the

related title insurance

law practice, based in York,

were based on real cases.

Harry L. McNeal Jr.

Pennsylvania Bar Institute

study committee, and with

focuses on municipal law,

“Judge” Jones ad-libbed

received the 2013

for high standards in his

PBI (the continuing legal

wills, and estates.

his lines for a feeling of

Distinguished Municipal

practice of municipal law.

education arm of PBA),

authenticity.

Law Service Award

With PBA he has served as

he has served as lecturer,

from the Pennsylvania

chair of the municipal law

moderator, and author of

UVA Lawyer / FALL 2013  55


Class notes …

1960

in the federally recognized

bringing partners from the

award honored his long-

general officer grade.

two firms together as one.

standing and dedicated

Rust E. Reid is listed in Texas Super Lawyers 2013 in estate planning & probate

1961

and Best Lawyers 2014 in

1964

A resident of Vienna,

efforts in the field of legal

Allen Howard Stowe,

McArver was a dedicated

education and recognized

age 76, died on August 5 in

supporter of the arts in

his exceptional leadership

Vero Beach, Fla. His educa-

Northern Virginia. He

and vision in developing

tion enabled him to

trusts and estates. He is of

R. Dennis McArver

joined the board of direc-

and implementing innova-

practice law, create and

counsel with Thompson

passed away suddenly

tors of the Arts Council of

tive concepts to improve

manage companies, and

& Knight in Dallas, where

on September 14 at the

Fairfax County in 2009 and

and enhance the state

successfully make his way

he focuses his practice

age of 76. After retiring

was serving as chair at the

of legal education. Bill

in the world, but he consid-

on estate planning,

from his practice at

time of his death.

is listed in Virginia Super

ered his real purpose was

probate, and fiduciary

McGuireWoods in Tysons

Lawyers 2013 in business

“to care for his loved ones

administration.

Corner, Va., where he

litigation and in Best

in the best possible way

focused on real estate law,

Thomas Werth Thagard Jr. passed away on July

Lawyers 2014 in antitrust

while enjoying life respon-

John Hampton Stennis,

he and his wife, Emmy,

3 after a long battle with

law, appellate practice,

sibly.” He was known for

son of the late U.S. Senator

retained close ties with his

Parkinson’s disease. He

banking and finance law,

his unique ability to bring

John C. Stennis, passed

former colleagues. He held

was born in Greenville,

bet-the-company litiga-

together disparate groups

away at the age of 78

a number of leadership

Ala., the son of Judge T.

tion, commercial litigation,

of people into a cohesive

on September 5. He was

roles with the firm, includ-

Werth Thagard. He gradu-

corporate law, financial

band of revelers.

a partner with Watkins

ing partner in charge of

ated from the University

services regulation law,

Ludlam Winter & Stennis

the Baltimore and Tysons

of the South at Sewanee,

litigation-banking and

Wendy, six children and

in Jackson, Miss. (the

Corner offices.

received his master’s in

finance, and litigation-

their spouses, 16 grandchildren, and three siblings.

He survived by his wife,

political science from

mergers and acquisitions.

Walker in 2011), where he

of McGuireWoods’ first

Emory University, and was

He is senior partner and

practiced since graduation

significant merger, which

a Fulbright Scholar. He was

chairs the banking and

from the Law School. His

took place in 1987. He

admitted to the Alabama

finance group at Gentry

work focused on legislative

was managing partner

bar the year he gradu-

Locke Rakes & Moore in

relations, public finance,

at Boothe Prichard &

ated from the Law School

Roanoke.

environmental matters,

Dudley in 1986 when

and was a fellow in the

and governmental law.

he and lawyers from

American College of Trial

The lawyers and staff of

Corps Sargent Shriver

He was a member of

firm merged with Jones

He was a key architect

1965 Philip Lilienthal was honored with the 2013 Peace

that well-established

Lawyers. He delighted in

Wilson Updike & Nicely in

Award for Distinguished

the Mississippi House of

Northern Virginia firm

hunting, fishing, golf, and

Covington, Va., honored

Humanitarian Service in

Representatives from 1969

began discussions about

being a lawyer.

William T. Wilson for 50

June. The award is given

to 1984, chair of the bank-

a merger. Within a few

years of exemplary service

to a former Peace Corps

ing committee and the

months the firms came to

to the legal profession,

Volunteer in recognition of

judiciary committee, and

an agreement and merged

selfless dedication to

outstanding contributions

was also a member of the

as McGuire Woods Battle

bettering the lives of

toward humanitarian

ways and means and water

& Boothe. At the time, it

Robert Lovegreen has

others in the community,

efforts at home or abroad.

resources committees. He

was thought to be one

retired as a U.S. Magistrate

and willingness to take

Lilienthal is founder and

served on the Mississippi

of the largest law firm

Judge for the U.S. District

whatever course is neces-

president of Global Camps

Judicial Council, was an

mergers. McGuire Woods

Court for the District of

sary to see that the ends of

Africa, a nonprofit based

advisory member to the

& Battle had 208 lawyers

Rhode Island.

justice are served.

in Reston, Va., that helps

Mississippi Legislature’s

and Boothe Prichard had

Environmental Protection

74. Colleagues note that

William B. Rakes was

Africa’s children and youth

Council, and a number of

McCarver’s negotiating

named the first recipient

by providing HIV/AIDS

other state and com-

skill and temperament

of the Leadership in

prevention education and

munity organizations. He

were instrumental in

Education Award by the

training through positive

was in the Mississippi Air

making the merger work,

Virginia State Bar Section

residential and day camp

National Guard for more

on the Education of

experiences.

than 30 years and retired

Lawyers in Virginia. The

56  UVA Lawyer / FALL 2013

1963

improve the lives of South


Class notes …

Theodore Margolis is

1967

1968

listed in New Jersey Super

Jerry Coughlan has been

Lawyers 2013 in busi-

J. Rudy Austin is listed in

George Gilliam received

San Diego Lawyer of the

ness litigation and Best

Virginia Super Lawyers

a Ph.D. in history from

Year in legal malpractice

Lawyers 2014 in appellate

2013 in civil litigation

the University of Virginia

law-defendants and

practice and commercial

defense and Best Lawyers

on May 19. He devoted

professional malpractice

litigation. He is with Norris

2014 in personal injury

much of his recent time to

law-defendants law. He is

McLaughlin & Marcus in

litigation-defendants. He is

finishing his 450-plus-page

with Coughlan, Semmer,

Bridgewater.

a senior litigation partner

dissertation, “Building a

Fitch & Pott.

with Gentry Locke Rakes &

Modern South: Political

Moore in Roanoke.

Economy in Nineteenth-

1966

1970

named Best Lawyers 2013

Century Virginia.” He

Lucius H. Bracey Jr. is listed

left law practice in the

Kenneth M. Greene is listed

Guy O. Farmer II is listed

in Virginia Super Lawyers

early 2000s, got a master’s

in Chambers USA 2013,

in Chambers USA 2013

2013 in estate planning

degree, made several

receiving the highest

in labor & employment

and probate and tax,

history documentaries

ranking for North Carolina

and Florida Super Lawyers

estate, and trust litigation.

for the Richmond PBS

in banking and finance for

2013 in employment &

He was also named in

member station, directed

the seventh consecutive

labor and employment

Best Lawyers 2014 in trusts

public programs at UVA’s

year. He is listed in North

litigation-defense. He is

and estates. He is counsel

Miller Center of Public

Carolina Super Lawyers

also listed in Best Lawyers

with McGuireWoods in

Affairs from 2004–11, and

2013 in banking and

2014 in employment

Charlottesville.

taught history. He plans

Best Lawyers 2014 in

to continue teaching at

Gordon D. Schreck is listed

banking and finance law,

law-management, and

Gene Dahmen is listed in

UVA for at least several

in Chambers USA 2013 in

bankruptcy and creditor

litigation-labor and

Best Lawyers 2014 in family

more years.

transportation-shipping

debtor rights/insolvency

employment. Farmer is a

law. She is senior counsel

litigation and South

and reorganization law,

shareholder in the labor

with Verrill Dana in Boston,

Carolina Super Lawyers

and equipment finance

and employment group

Mass.

2013 in transportation/

law. Greene is a director

with GrayRobinson in

maritime. He is also listed

and shareholder with

Jacksonville.

Bill May was with

in Best Lawyers 2014 in

Carruthers & Roth in Greensboro.

law-management, labor

1969

Beckman Coulter for 21

admiralty & maritime

William M. Slaughter is

years, retiring in 2005 as

law. He was appointed

listed in Best Lawyers 2014

senior vice president and

distinguished visiting

Hunter R. Hughes III was

in government relations

secretary. Bill reports that

professor of admiralty

named in Human Resource

practice and public finance

retirement life is still busy.

and maritime law at

Executive’s list of 100 Most

law. He is a founding

He keeps active as vice

the Charleston School

Powerful Employment

member of Haskell

chairman of the board of

of Law for the 2013–14

Attorneys in the nation

Slaughter in Birmingham,

trustees of the San Diego

academic year and chairs

for 2013, and Chambers

Ala., where he concen-

Zoo and as trustee and

the Charleston Maritime

USA 2013 listed him as top

trates his practice on

secretary to the Arnold

Law Institute at the school.

ranked. Best Lawyers 2014

public finance, state and

and Mabel Beckman

Robert W. Ashmore is listed

He practices with Womble

named him Atlanta Lawyer

local government law,

Foundation, which

in Best Lawyers 2014 in

Carlyle Sandridge & Rice in

of the Year in mediation.

governmental relations,

provides major funding to

labor and employment

Charleston.

He was listed in Best

and civil litigation.

young scientists and vari-

law. He is partner and

Lawyers in six other areas

ous projects focused on

senior counsel with Fisher

as well: arbitration, bet-the

leading- edge work in life

& Phillips in Atlanta, Ga.

company litigation,

sciences, engineering, and

corporate law, employ-

biology. He resides with his

ment law-management,

wife of 43 years, Barbara, in

litigation-labor & employ-

Villa Park, Calif.

ment, and securities/

UVA Lawyer / FALL 2013  57


Class notes …

Bill Boswell ‘71 was named the

professional malpractice

$355 million by the Bill

law-defendants.

and Melinda Gates Foundation for polio

2013 Outstanding Non-Profit Counsel of the Year by the American

Alan D. Rose is managing

eradication, Rotary’s

Bar Association for his work as

partner at Rose, Chinitz

signature corporate

general counsel of the North

& Rose, a litigation firm

project.

American Energy Standards Board,

he started with his son

which sets the business practices

in Boston, Mass., in 1995.

and transactional protocols in the

He recently completed

electric and natural gas industries

his appointment as chair

in Canada, Mexico, and the United

of the First Circuit Court

States, and for his years of service

of Appeals rules advisory

to the 811 (underground damage

committee. He is listed in

prevention) industry in the U.S.

Best Lawyers 2014 in bet-

and internationally since 1978.

the-company litigation,

The award was presented by the

commercial litigation,

business law section at the ABA’s

criminal defense-white

annual meeting in August. He was also honored in May by the Pennsylvania State

collar, education law,

W. Edward Bailey has

Association of Boroughs for 30 years of distinguished elected public service, the last

and litigation-labor and

joined Maynard Cooper &

16 of them as mayor of Glen Osborne.

employment.

Gale in Birmingham, Ala., as of counsel in the

1973

intellectual property litigation practice group.

capital markets law.

Awards at the Library of

He focuses his practice on

Hughes is a partner with

Congress in June. Mulcahy

intellectual property,

Rogers & Hardin in Atlanta.

is senior counsel in the tax

including patents,

department at Cadwalader

trademarks, and

Wickersham & Taft in

copyrights.

1971

Washington, D.C.

Linda Howard has been Thomas Bottini is resident partner and managing

named general counsel

1972

for Landmark, a global company that provides

attorney of the Armstrong Teasdale Asian office

Howard E. Gordon is listed

Terrance M. Miller

Eric Adamson was awarded

personal and professional

in Shanghai, where he

in Chambers USA 2013,

recently published a new

the Rotary International

training and development

has been for the past 18

Virginia Super Lawyers

edition of his book,

Regional Service Award for

headquartered in San

months. The firm serves

2013, and Best Lawyers

Products Liability

a Polio Free World by the

Francisco, Calif.

clients from Japan to

2014 in real estate. He is a

Depositions, a handy

Rotary Foundation Board

Singapore to India, as well

partner at Williams Mullen

resource for legal

of Trustees of Rotary

After graduating from the

as China.

in Norfolk, where his

doctrines across the U.S.

International. The award

Law School, Benson Legg

practice focuses on com-

that can often be applied

was presented by Wilf

spent 16 years as a busi-

Daniel J. Mulcahy recently

mercial and multi-family

in product liability cases.

Wilkinson, past president

ness litigator at Venable,

won the Burton Award

real estate, commercial

(See In Print.)

of Rotary International,

Baetjer and Howard.

for Distinguished Writing

leases, ground leases, land

Miller is chair of the

and chairman of the

In 1992 he became a

for his article, “FATCA May

use planning, and permits

product liability practice

foundation trustees. The

judge on the U.S. District

Open Pandora’s Box of Civil

and pass-through entities.

group with Porter Wright

Rotary Foundation has

Court for the District of

and Criminal Tax Liability.”

in Columbus, Ohio. He

annual receipts of

Maryland. After 21 years

The award was presented

was recognized by Best

approximately

on the bench, he retired

at the 14th Anniversary

Lawyers 2014 as Columbus

$150 million dollars and

Program of the Burton

Lawyer of the Year in

recently was given

58  UVA Lawyer / FALL 2013


Class notes …

secretary, and counsel to New York Presbyterian Hospital.

William C. Cleveland III is listed in Chambers USA 2013 in general commercial litigation and South Carolina Super Lawyers

Jay Waldron recently

Kevin J. Walsh was listed in

2013 in business litigation.

John H. Small ’73 received the Martin I. Lubaroff

received an Outstanding

2013 Super Lawyers for

He was recognized by Best

Award from the American Bar Association’s

Legal Service Award from

the New York Metro Area

Lawyers 2014 as Charleston

business law section for his leadership in the

Northwest Pulp and Paper

in civil litigation and

Lawyer of the Year in

areas of limited partnership and limited liability

Association for providing

international business

litigation-intellectual

company law.

more than ten years of

litigation and recognized

property and was also

outstanding legal service

as a noted practitioner for

listed for mediation and

to the organization. He is a

insurance and reinsurance

commercial, real estate,

in 2013 and joined JAMS

100 lawyers in the D.C.

shareholder with Schwabe,

disputes in Chambers USA

and securities litigation.

(formerly called Judicial

area by Super Lawyers. He

Williamson & Wyatt in

2013. Kevin is a partner

He is with Womble Carlyle

Arbitration and Mediation

is a shareholder with Walsh

Portland, Ore., where he

with Locke Lord.

Sandridge & Rice in

Services). As a “neutral,”

Colucci Lubeley Emrich &

focuses his practice on

he serves as a mediator

Walsh in Prince William,

environmental law, energy

and arbitrator. He also

Va., where his practice

law, and litigation.

evaluates cases.

focuses on obtaining land

Charleston.

1975

use approvals and govern-

Thomas R. Bagby is

Brian C. Murphy has

mental permits through

president of the Virginia

devoted his career since

legislative, administrative,

Bar Association for 2013.

the fall of state socialism

and judicial processes.

He was named in Virginia

for the rule of law in

Super Lawyers 2013 as one

the world today. In so

of the top 100 lawyers in

doing, he has worked in

Virginia. He is president

about a dozen countries,

of Woods Rogers in

including recently in

Roanoke, Va.

W. Stuart Dornette has

Afghanistan and Iraq. He

Ross E. Wales is in Best

expects to continue to do

Lawyers 2014 in interna-

Jack W. Bettman serves on

in Best Lawyers 2014 in

so, hopefully again as a

tional trade and finance

the Florida Bar general

bet-the-company

Fulbright lecturer in law,

law. He is a partner in the

practice, solo, and small

litigation, commercial

this time in the Republic of

business and finance

firm section executive

litigation, litigation-

Macedonia.

1974

been selected for inclusion

department of Taft

council. In April he began

mergers & acquisitions,

Bruce M. Stanley Sr. is

Stettinius & Hollister in

a second term as president

litigation-municipal, and

listed in 2013 Florida Super

Cincinnati, Ohio, and chair

of the Phi Beta Kappa

litigation-securities. He is a

Lawyers in personal injury

of the firm’s international

Alumni Association of

partner and co-chair of the

defense and medical

practice area.

Northeast Florida.

litigation group at Taft Stettinius & Hollister in

John H. Foote has been

malpractice and Best

recognized by Best Lawyers

Lawyers 2014 in personal

Kathleen M. Burke is chair

2013 as Washington,

injury defense litigation.

of the health law section

D.C. Lawyer of the Year

He is a stockholder with

of the New York State Bar

in litigation-land use

Henderson, Franklin,

Association. She is vice

& zoning. He was also

Starnes & Holt in

president-board relations,

included among the top

Fort Myers.

Cincinnati, Ohio.

UVA Lawyer / FALL 2013  59


Class notes …

Howard Chatzinoff ‘77 received the PENCIL Public Schools Champion Award at Imagine What We Can Do, a gala event at the Museum of Natural History in May to benefit PENCIL. PENCIL is a nonprofit based in New York City that taps business expertise to create innovative

W. Joseph Owen III is the

programs that improve school and

Don P. Martin is included

2013 recipient of the

student performance. For more than

in the 2013 Southwest

Tradition of Excellence

15 years Chatzinoff has worked at

Super Lawyers list in the

Award by the Virginia State

both the school level and the broader

area of business litigation

Bar’s general practice

organizational level to help connect

and in Chambers USA 2013

section. Owen is a

schools and business leaders with

in litigation-general

founding partner of Owen

positive results. He was recently elected chair of PENCIL’s board of directors and

commercial. He has also

& Owens in Midlothian,

previously served as vice-chair. Chatzinoff is a partner with Weil, Gotshal & Manges

been recognized by Best

where he represents

in New York City.

Lawyers 2014 as Phoenix

individuals and businesses

Lawyer of the Year in legal

in civil and commercial

malpractice law-defen-

litigation, criminal defense,

was selected for inclusion

Elizabeth A. Ritvo has

Henry B. Smythe Jr. is listed

dants. He is a partner with

personal injury, real estate,

in Best Lawyers 2014 for

been listed among

in Chambers USA 2013

Quarles & Brady.

estate planning, and

antitrust law, bet-the-

“Top Women of Law” in

in commercial litigation,

corporate and construc-

company litigation, and

Massachusetts Lawyers

South Carolina Super

tion law. He is listed in

commercial litigation. He

Weekly. She is also listed

Lawyers 2013 in business

Virginia Super Lawyers 2013

is a member of Wyche in

in Best Lawyers 2014 in

litigation, and Best Lawyers

in general litigation and

Greenville, where he has

First Amendment law.

2014 in personal injury

criminal defense.

focused his practice on

Ritvo is a partner with

litigation-defendants. He

complex litigation in state

Brown Rudnick in Boston,

is with Womble Carlyle

and federal trial and

where she counsels and

Sandridge & Rice in

appellate courts for more

represents newspapers,

Charleston.

than 30 years.

television stations, pub-

1976

lishers and other media in

Susan M. Smythe is listed

libel, invasion of privacy,

in Chambers USA 2013

access, First Amendment

and South Carolina Super

and copyright matters

Lawyers 2013 in real estate

Daniel J. Hoffheimer has

before state and federal

law. She is with Womble

been selected for inclusion

trial and appellate courts.

Carlyle Sandridge & Rice in Charleston, S.C.

in Best Lawyers 2014 in trusts and estates. He is a

Donald J. Shuller is listed

partner with Taft Stettinius

in Chambers USA 2013,

& Hollister in Cincinnati,

Henry L. Parr is listed in

Ohio.

South Carolina Super

60  UVA Lawyer / FALL 2013

Ohio Super Lawyers 2013, and Best Lawyers 2014

Lawyers 2013 for business

Ann Margaret Pointer is

as a leader in real estate

litigation and is featured

listed in Chambers 2013

law. He is a partner with

on the cover of the

and Best Lawyers 2014 in

Vorys, Sater, Seymour and

magazine. He is also

labor and employment

Pease in Cincinnati, where

recognized in Chambers

law. She is a partner with

he is a member of the

USA 2013 as a leading

Fisher & Phillips in

finance, energy, and real

lawyer in litigation. Parr

Atlanta, Ga.

estate group.


Class notes …

1977

Spahr in Baltimore, Md.,

and the In-House Counsel

in Best Lawyers in America

wonderful people, travel

where he co-chairs the

Externship program, en-

2014 in real estate law. He

the world, and among

Julian “Bo” Bobbitt

housing group and

suring that every student

is partner and co-head of

other things, arrange for

presented a talk entitled,

handles real estate finance

has the opportunity to

the Jackson Walker finance

all IADC members to have

“Aligning Incentives in

and public finance

work in an externship

practice group.

training in CPR. About

ACOs: Best Practices

transactions with an

or clinic setting before

in Shared Savings

emphasis on affordable

graduation.

Distributions—What

housing, public housing

Will Really Work” to the

law, and federal housing

National Association

three months after the

George N. Meros Jr. is

training, one of the IADC

listed in Florida Super

board members used

After 35 years with the

Lawyers 2013 in civil

those skills to save the life

programs. Much of his

same firm, David L. Sfara

litigation defense. He is

of a man who had been

of Accountable Care

practice is devoted to

has joined two new

with GrayRobinson in

playing tennis on a nearby

Organizations at its fall

mixed-finance public

partners to form the firm

Tallahassee, where he

court and suddenly fell

conference in Baltimore.

housing development.

of Giuliano Richardson

focuses his practice

unconscious. Joe, Mary

& Sfara in Woodbury,

on matters involving

Pat, and members of the

Bobbitt is a partner at Smith Anderson in

Stephen W. Earp has been

Conn. His partners are

regulatory compliance,

IADC are all big fans of CPR

Raleigh, N.C., and head of

recognized in Chambers

trial attorneys, and Sfara

complex civil litigation,

classes now.

the health care practice.

USA 2013 as a leader in en-

continues with his trusts

and government affairs.

He has earned national

vironmental law and Best

and estates practice.

recognition for his efforts

Lawyers 2014 in litigation-

to lead the industry

environmental. He is with

through the transition

Smith Moore Leatherwood

toward value-based care.

in Greensboro, N.C., where

Manager of Social Work at

He is listed in Best Lawyers

he advises companies

Children’s Hospital, and Joe

2014 in health care law.

in mergers and acquisi-

is thinking about joining

tions, contracts, and

her in a year or so. Their

corporate governance.

daughter, Caitlin, is a pro-

He also handles complex

fessor of education at East

After 41 years of marriage, Joe and Mary Pat will turn 65 this summer. Mary Pat has retired (mostly)

1978

from her position as

Carolina University, and

environmental litigation and regulatory matters.

Blake Morant has been

their son, Joby ’05 has just

honored with the Chief

accepted the position of

David A. Logan, dean of the

Irvin V. Cantor is included

Justice John Marshall

director of career services

Roger Williams University

in the Top 10 in Virginia list

Lifetime Achievement

at the Law School after

School of Law in Bristol,

in Super Lawyers 2013. He

Award from the Judge

practicing in Washington,

R.I., has announced he

is also listed in Best

Advocate Association and

D.C., with Hogan Lovells.

will step down at the

Lawyers 2014 in personal

recognized by The National

“Everyone is healthy, active,

Paul K. Casey was honored

end of the academic year

injury and medical

Jurist as one of the top 25

and involved.”

with the 2013 Michael

and return to teaching

malpractice and recog-

Legal Educators in the

Scher Award by the

full-time. He has led

nized as Richmond Lawyer

United States. He is the

Andy Wright joined

American Bar Association

the school for 11 years,

of the Year in personal

dean of Wake Forest Law

Polsinelli Shughart

Forum on Affordable

which puts him among

injury litigation-plaintiffs.

School.

as a shareholder in

Housing and Community

the longest-serving law

He is president of Cantor

Development Law. The

deans in the U.S. During

Stoneburner Ford Grana &

Joseph W. Ryan, Jr. just

vides strategic planning,

award goes to an attorney

his tenure, which spans

Buckner in Richmond.

completed his three-year

consulting, and lobbying

who demonstrates

half the school’s history,

term as president-elect,

services to the firm’s

outstanding leadership

key learning opportunities

Michael P. Haggerty

president, and immediate

energy, environment,

and legal skill and who has

were put in place, includ-

is listed in Texas Super

past president of the

and telecommunica-

made significant contribu-

ing the groundbreaking

Lawyers 2013 and

International Association

tions clients. Andy was

tions in the field of

Pro Bono Collaborative,

recognized in D Magazine’s

of Defense Counsel, during

recently honored as one

affordable housing. Casey

the Immigration Clinic,

Best Lawyers in Dallas list

which he and his wife,

of Washington’s Top

for 2013. He is also listed

Mary Pat, got to meet

Lobbyists by The Hill.

is a partner with Ballard

Washington, D.C. He pro-

UVA Lawyer / FALL 2013  61


Class notes …

1979

1981

Charleston Lawyer of the

public finance. He is a

Year in litigation-labor and

partner in the real estate

in Chambers USA 2013 in

H. Aubrey Ford III is

employment and is also

practice with Williams

commercial litigation. He

included in Best Lawyers

listed in labor and employ-

Mullen, where he focuses

is with Womble Carlyle

2014 in legal malpractice

ment law-arbitration. He

on commercial real estate

Sandridge & Rice in

law, commercial litiga-

is with Womble Carlyle

transactions, economic

Raleigh.

tion, bet-the-company

Sandridge & Rice.

development incentives,

litigation, and labor &

tax-exempt housing,

employment law and has

industrial development,

been named Best Lawyers

1980

1982

qualified 501(c) (3) bonds, and alcoholic beverage

2014 as Richmond Lawyer of the Year in employment

Mark Edward Ezell is

law-individuals. Ford is a partner with Cantor

Hayden J. Silver III is listed

licensing.

James P. Cooney III is listed A. Jeffery Bird was elected

in Chambers USA 2013

listed in Best Lawyers 2014

vice president-Portland of

in commercial litigation,

in public finance law. He

the Seattle-based

white collar crime, and

Stoneburner Ford Grana

is with Haskell Slaughter

Northwest chapter of the

government investigations

and Buckner.

Young & Rediker in

National Association of

litigation and recognized

Birmingham, Ala., where

Corporate Directors, an

as Best Lawyers 2014

Michael K. Kuhn is listed

he focuses his practice on

organization dedicated to

Lawyer of the Year in

in Texas Super Lawyers

governmental relations,

promoting good board

medical malpractice

2013 and Best Lawyers

public finance and local

leadership, helping

law-defendants. He leads

2014 in real estate law. He

government law, and

corporate board members

the business litigation

is a partner with Jackson

securities and corporate

deal with business

practice group at Womble

Walker in Houston, where

finance.

challenges, and increasing

Carlyle Sandridge & Rice

shareholder value. Bird will

in Charlotte, N.C., where

he focuses his practice on commercial real estate

Charles D. Fox IV is listed in

W. David Paxton is listed

help improve corporate

he practices in both the

with emphasis on office

Virginia Super Lawyers 2013

in Virginia Super Lawyers

governance in board-

civil and criminal areas,

and retail leasing.

in estate planning and

2013 in employment &

rooms in Washington,

including trial and appel-

probate, administrative

labor and Best Lawyers

Oregon, Alaska, and Idaho.

late work.

law, and tax law and in

2014 in employment

He also serves as chair of

Best Lawyers 2014 in trusts

law-individuals, employ-

the NACD Northwest

C. Allen Gibson Jr. is listed

and estates and litigation-

ment law-management,

chapter Portland Advisory

in Chambers USA 2013

trusts and estates. He was

labor law-management,

Board. He is a shareholder

in commercial litigation

also selected for inclusion

and litigation-labor and

and member of the

and South Carolina Super

in Chambers USA 2013

employment. He is a

business practice group

Lawyers 2013 in construc-

America’s Leading Lawyers

partner with Gentry Locke

with Lane Powell.

tion litigation. He was

for Business, Wealth

Rakes & Moore in Roanoke.

named Best Lawyers 2014

Management: Eastern

C. Steven Mason is listed

Lawyer of the Year in

Region, Nationwide. He is

Virginia Whitner Hoptman

in North Carolina Super

construction law. He leads

Ely A. Leichtling is listed in

partner and chair of the

is listed in Chambers USA

Lawyers 2013 in real

the construction practice

Chambers USA 2013 in

private wealth services

2013 in commercial litiga-

estate and banking and

group with Womble

labor & employment. He is

team with McGuireWoods

tion. She is with Womble

Chambers USA 2013 in real

Carlyle Sandridge & Rice in

a partner with Quarles &

in Charlottesville.

Carlyle Sandridge & Rice in

estate. He is also listed in

Charleston.

Tysons Corner, Va.

Best Lawyers 2014 in real

Brady in Milwaukee, Wisc.

William L. Nusbaum has

estate law. He is a partner

Ken Hollies retired in June

David B. McCormack is listed

been elected chair of the

with Smith Anderson in

after 31 years with the U.S.

in Chambers USA 2013

Virginia State Bar real

Raleigh.

Postal Service law depart-

and South Carolina Super

property section and

ment, including time he

Lawyers 2013 in labor and

was recently named Best

worked there after his

employment law. He was

Lawyers 2014 Norfolk

second year of Law School.

named Best Lawyers 2013

Lawyer of the Year in

He lives in Rockville, Md.

62  UVA Lawyer / FALL 2013


Class notes …

G. Raye Jones is an

Austin, and is co-leader of

serves on the Mid-Ohio

to the Boston area in

estate and tax planning

the appellate litigation

Regional Planning

2001 and spending many

attorney with MartinWren

practice. He previously

Commission and Visitors &

years volunteering in the

in Charlottesville and a

served as justice of the

Conventions Bureau. She

community, she enjoys

pastor at Faith Baptist

Texas Court of Appeals,

also serves on several

a career in residential

Church. He is also a poet.

the first assistant attorney

boards. She was featured

real estate in the Weston

His daughter, Lydia Jewell

general of Texas, and a

in the “Best in Columbus”

office of Coldwell Banker

Jones, has compiled many

state district court judge.

issue of Columbus

Residential Brokerage. She

Magazine for her accom-

draws upon her experi-

of his poems for the first

Sullivan was recently ap-

time in A Father’s Legacy:

pointed by Texas Senators

plishments and service.

Betty Graumlich is a

ence in law, negotiation,

The Life of My Father,

John Cornyn LL.M. ’95

Beryl is the former lead

partner and deputy

and mediation frequently.

G. Raye Jones (see In Print).

and Ted Cruz to the

singer in the popular

practice group leader for

federal judicial evaluation

group “Beryl and the

Reed Smith’s labor &

Christopher S. Knopik is

James S. Ryan III is listed

committee, where he will

Eclectics,” which was

employment practice in

listed in Best Lawyers 2014

in Texas Super Lawyers

screen and recommend

formed when she was in

Richmond, Va. She has

in commercial litigation,

2013 and Best Lawyers

nominees for federal

Law School. She continues

been named a 2013 BTI

medical malpractice, and

2014 in corporate law and

bench vacancies and

to sing for events and

Client Service All-Star for

personal injury litigation.

mergers and acquisitions

U.S. Attorney offices in

directs a church choir.

labor & employment. In

He is a founding member

law. He is a partner with

the state. He also serves

2012 she was recognized

of Knopik Deskins Law

Jackson Walker in Dallas,

on the supreme court

in Virginia Lawyers Weekly

Group in Tampa, Fla.

where he focuses his

advisory committee for

as one of the Influential

practice on corporate and

the rules of civil procedure

Women of Virginia and

Robert P. Latham is listed

securities, health care, and

and evidence and the

was named to the Virginia

in Best Lawyers 2014 in

life sciences and medical

Texas pattern jury charge

Legal Elite honor roll for

commercial litigation,

technology.

committee.

labor & employment law.

first amendment law,

She is listed in Virginia

litigation-first amendment,

Super Lawyers 2013 and in

litigation-intellectual prop-

Super Lawyers Corporate

erty, litigation-patent, and

Counsel Edition as a

sports law. He is a partner

Joyce Elden heads the

leading labor & employ-

with Jackson Walker in

Sun Life Financial

ment attorney.

Dallas and Houston, where

1983

he chairs the media law

investments legal practice group and is a

For the past three years,

and intellectual property

member of the corporate

Don Haycraft has been

litigation groups.

leadership team in their

totally absorbed in

U.S. headquarters in

Deepwater Horizon

Wellesley, Mass. She is on

litigation on behalf of BP.

the board of regents for

His other main interest

Kent C. Sullivan received

the American College of

is promoting the most

the 2013 Raven Society

Mortgage Attorneys and

recent book by his wife,

Award from the University

is also a member of

Madaline ’84, entitled

of Virginia for his contribu-

Beryl Anderson has been

NEWiRE (New England

Buddy, published by Viking

tions to the University and

elected to a third term as a

Women in Real Estate),

in September 2012 and

David T. Maloof, widely

the legal community in

Gahanna City

and serves on NEWiRE’s

recently out in paperback.

recognized as an expert in

Texas. Sullivan is a partner

Councilwoman in Ohio.

educational foundation

(See In Print.)

international shipping law,

leading the energy

She has chaired the

board of directors. Joyce

litigation team at

finance, economic and

and her husband, Dana

Judy Inge Harris practiced

for another reason. He and

Sutherland Asbill &

development, parks, and

Pickard, live in Wellesley.

general litigation in

his family have been

Brennan in Houston and

service committees and

Atlanta, Ga., for more than

developing recreational

ten years. After moving

facilities for the children at

has recently been traveling

UVA Lawyer / FALL 2013  63


Class notes …

a refugee camp in

to the sequestration. He is

Advanced Commercial

None” strategy focuses on

Lebanon. As a result of his

a shareholder with Littler

Leasing Institute, and he

five therapies: an artificial

work, he has been

Mendelson in Houston, Tex.

1984

was elected as a fellow

pancreas, encapsulation,

North Carolina State

consulted by both the

of the American College

“smart insulin,” restoration,

Senator and Womble

State Department and the

of Real Estate lawyers.

and prevention. St. Clair’s

White House. Most

He also completed the

involvement with the

Carlyle attorney Pete Brunstetter is the 2013

recently, in honor of his

Cystic Fibrosis Foundation

organization began ten

recipient of the North

work, the organization Pax

Extreme Hike for a Cure,

years ago on a bicycle at a

Carolina Bar Association’s I.

Christi Metro New York has

31 miles in one day on a

“Ride to Cure Diabetes.” He

Beverly Lake Public Service

created an annual Maloof

section of the Appalachian

has served in a number of

Award, given periodi-

Family Young Peacemakers

Trail in East Tennessee.

roles, including executive

cally to one of the state’s

board member, national

attorneys for outstanding service to the community.

Award competition for Catholic high school

Steven W. Sloan is listed in

head coach, and chair of the

students in the New York

in Texas Super Lawyers 2013

fundraising rides program. St. Clair is a member

Brunstetter has served

metropolitan area. He is

Alfred Paliani was elected

in employment & labor

senior partner with Maloof

vice president of corporate

and employee benefits/

with Nexsen Pruet in

of the YMCAs of Northwest

Browne & Eagan in Rye.

of the International

ERISA and Best Lawyers

Greenville, S.C., where he

North Carolina, chairman

Association for Defense

2014 in employment law-

is an intellectual prop-

of the board for Novant

as chairman of the board

Greg Musil received the

Counsel. He will serve a

management and labor

erty attorney dealing with

Health, Inc., member of the

Johnson County Bar

three-year term for the

law-management. He is of

cases involving copyrights,

board of directors of the

Association’s Justinian

invitation-only global legal

counsel with Thompson &

trademarks, and trade

Winston-Salem Alliance,

Award for Professional

organization with

Knight in Dallas.

secrets. He has been

and is currently a member

Excellence in March.

approximately 2,500

recognized in South Caro-

of the UNC-Chapel Hill

The award is given to an

members whose practice

Maria A. Smith writes that

lina Super Lawyers 2013

board of visitors. He is also

attorney who exemplifies

concerns the representa-

though she has “no big,

in intellectual property

a Navy veteran.

integrity, service to the

tion of corporate and

‘successful’ news to share,

litigation and Best Lawyers

community and legal

insurance interests. Paliani

she sends congratula-

2014 as Greenville Lawyer

K.C. Green is listed in Best

profession, and warmth,

is general counsel of

tions to her esteemed

of the Year in patent law.

Lawyers 2014 in mass tort

friendliness, and camara-

Quality King Distributors

classmates on their 30th

derie. He is a shareholder

and its group of affiliated

anniversary!”

with Polsinelli in Overland Park, Kans.

litigation/class actionsAt the start of the

defendants and mass tort

companies headquartered

semester Melissa Young

litigation/class actions-

in Bellport, N.Y.

returned to Grounds in

product liability litigation.

a new role: executive

He is a partner with Ulmer

John M. Sheftall is listed

director of Madison

& Berne in Cincinnati.

in Best Lawyers 2014 in

House, the University of

litigation-trusts and

Virginia’s clearinghouse for

Madaline H. Herlong

estates, and trusts and

student volunteers. With

recently published her

estates. He was also

more than 3,000 students

second novel, Buddy, the

recognized in Best Lawyers

volunteering each week,

story of a boy, a dog, and

2014 as Columbus Lawyer

Madison House is the larg-

Hurricane Katrina (see In

of the Year in trusts and

Timothy St. Clair has been

est student-run volunteer

Print). The New York Public

estates. He is a partner

elected to the JDRF

organization at UVA and

Library included it on its

Kerry Notestine testified

with Hatcher, Stubbs,

International board of

an independent non-

100 Books for Reading

before Congress on

Land, Hollis & Rothschild.

directors. JDRF (formerly

profit. The group receives

and Sharing list for 2012.

named the Juvenile

no direct funding from the

Herlong teaches writing at

February 14 on the issue of government contractor

Last year Bob Simmons was

Diabetes Research

University, except for the

Tulane University. To learn

obligations to comply with

named the co-chair of the

Foundation) is the world’s

Student Council allocation

more about Buddy and see

the Worker Adjustment

Georgetown University

largest charitable supporter

it applies for each year.

a video trailer for the book,

and Retraining Notification

Law Center’s annual

of Type 1 diabetes

(WARN) Act notice related

64  UVA Lawyer / FALL 2013

research. It’s “Less Until

see www.mhherlong.com.


Class notes …

James W. Huston is a

as a Republican candidate

partner with Morrison

for the U.S. Senate.

& Foerster in San Diego, Calif., where he was

David M. Rosenberg is

recently appointed chair

listed in Best Lawyers 2014

of the trial practice group.

in non-profit/charities

He focuses his practice on

law. He is of counsel with

product liability matters,

Thompson & Knight in

contract disputes, and

Dallas, where he focuses

appeals. He is listed in

his practice on federal,

Super Lawyers 2013 in per-

state, and local taxation of

sonal injury defense, Best

corporations, partnerships,

Lawyers 2014 in product

individuals, and nonprofit

U.S. Army Col. Charles N. Pede ‘87 was promoted to the rank of brigadier general at

liability litigation, and in

organizations.

a ceremony at Fort Belvoir, Va., on September 16. His wife, Anne, and son, Nate (19)

Legal 500 US in aerospace/ aviation and pharmaceutical and medical devices.

pinned on his stars. His distinguished career with the Judge Advocate General

1985

Corps includes service as executive officer to the JAG; chief of the criminal law division, and Staff Judge Advocate, U.S. Forces, Iraq. He twice deployed to Afghanistan while serving as Staff Judge Advocate for the 10th Mountain Division, based in Fort Drum, N.Y., and has completed numerous other assignments in military justice.

Kurt J. Krueger is listed in Virginia Super Lawyers 2013 in business/corporate and mergers and

Directorate. He leads the

William W. Eigner was

litigation. He is listed

acquisitions and in Best

legal division that focuses

voted a top attorney in

in Best Lawyers 2014 in

Lawyers 2014 in corporate

on cyber security, biomet-

transaction law for San

commercial litigation,

law. He is a partner

rics, and chemical security.

Diego County, Calif., by

copyright law, banking &

with McGuireWoods in

Previously, he served

The Daily Transcript for the

finance litigation, intel-

in the Senior National

sixth consecutive year. He

lectual property litigation,

he focuses his practice

James H. Prior is listed in

Intelligence Service at the

is a partner with Procopio,

mergers & acquisitions

on working with public

Chambers USA 2013 in

National Counterterrorism

Cory, Hargreaves & Savitch,

litigation, patent law,

and private, closely held

employee benefits &

Center. Wired described

where he focuses his

patent litigation, and

corporations, as well as

executive compensation

Sutherland as “one of

practice on venture capital,

technology law. He is with

partnerships and limited

and in Best Lawyers 2014 in

the government’s point

angel financing, seed

Womble Carlyle Sandridge

liability companies.

banking and finance law

people on stemming the

capital, and the financing,

& Rice in Atlanta, Ga.

and equipment finance

appeal of al-Qaida.”

governing, operating, buy-

Charlottesville, where

Allison and Bill Lundeen

law. He is a partner with

are the grateful parents to

Porter Wright in Columbus,

three young daughters; all

Ohio, where he focuses his

live near Chicago in River

practice on employee

Forest, Illinois.

benefits and commercial

William S. Brewbaker III

Randall W. Nichols is

in Best Lawyers 2014 in

transactions.

ing, selling, and merging of

1986

growing technology and

1987

other businesses.

Stephen E. Fox is listed became interim dean of

a partner with Massey

management employ-

Bart McLeay lives in

the University of Alabama

Stotser & Nichols in

ment law, management

Omaha with his wife,

Daniel Sutherland has

School of Law on July 1.

Birmingham, Ala. He

labor law, and labor and

Jane, and they have four

been appointed as an

He joined the University

was named Birmingham

employment litigation.

children, with their young-

associate general counsel

of Alabama School of

Lawyer of the Year in family

He is a principal with Fish

est son in high school. Bart

at the Department of

Law faculty in 1993 after

law by Best Lawyers 2013.

& Richardson in Dallas,

served for the past several

Homeland Security,

practicing in Birmingham

years as chair of the litiga-

where he is the primary

for six years. He is the

William M. Ragland Jr. is

practice on employment

tion department for Kutak

legal advisor to the Under

William Alfred Rose

listed in Chambers USA

and intellectual property

Rock. On July 1 he an-

Secretary for the National

Professor of Law.

2013 in intellectual prop-

litigation and counseling,

nounced he was running

Protection and Programs

erty law and commercial

particularly in the areas

Tex., where he focuses his

UVA Lawyer / FALL 2013  65


Class notes …

of trade secret theft, cor-

1988

porate espionage, unfair

Hunter Carter ’88, as lead counsel

competition, and employ-

Tom Burack serves as im-

in the marriage equality cases at

ment discrimination and

mediate past president of

the Inter-American Commission

wrongful termination.

the Environmental Council

on Human Rights, was invited to

of the States, the national

argue to a committee of the Chilean

Timothy S. Goettel is listed

nonprofit, non-partisan

Senate and to the entire Colombian

in North Carolina Super

association of state and

Senate that marriage equality is a

Lawyers 2013 in mergers &

territorial environmental

human right. He is a partner with

acquisitions and securities

agency leaders, having

Arent Fox in New York City.

& corporate finance and

spent last year as the

Chambers USA 2013 in

group’s president. In

corporate/M&A. He is

this capacity he has

also listed in Best Lawyers

worked to strengthen the

2014 in corporate law and

relationship between the

in Amman, Jordan, where

“elbow clerks.” He came

trains, and develops

mergers & acquisitions law.

state agencies and U.S.

he served as regional

to Law School with an

diverse attorneys for

He is a partner with Smith

Environmental Protection

representative for the

incomplete Ph.D. disserta-

future leadership positions

Anderson in Raleigh.

Agency. Burack is now

Mennonite Central

tion, which he was able

in the state bar and across

helping to lead a joint

Committee and worked on

to complete years later

the state. Perkins Coie,

Wes Musselman was rec-

state and federal effort

a variety of humanitarian

and received a doctorate

where Williams is a partner

ognized for his expertise

to bring a new business

assistance, development,

from UVA in Religious

in the litigation practice,

in intellectual property

model to the delivery of

and peacebuilding

Studies. He writes that he

partnered with its clients,

law in the 2013 IP Stars list

environmental protection

projects in the region. He

is, however, most grateful

Microsoft and Starbucks,

published by Managing

by using continuous

wrote an article about the

for the 35 years with his

to fund the organization,

Intellectual Property. He

process improvement

Syrian refugee crisis for

wife, Barbara.

and Perkins Coie hosted

is a principal with Fish &

techniques and advanced

PBS Religion and Ethics

Richardson in Dallas, Tex.,

monitoring and informa-

Newsweekly, which can be

Arthur Robinson has

skill development session

where he focuses his prac-

tion technology. Known

found at: bit.ly/boundby.

been named the global

in the Seattle offices

tice on patent prosecution

as E-Enterprise for the

head of capital markets

in January.

and litigation.

Environment, this initiative

John Catron and his

for Simpson Thacher &

promises over time to

wife, Kim, live in London,

Bartlett in New York City.

Ridge Schuyler is vice

transform the regulatory

where John is employed

He also leads Simpson

president and director of

approach to environmen-

by Boeing as its chief

Thacher’s business

the Orange Dot Project in

tal protection in the

counsel for Europe, Russia,

development team

Dave Cohan accepted

Charlottesville, where 27

United States.

and Israel.

and sits on the firm’s

a position in May as

executive committee.

in-house general counsel

percent of families lack

a leadership styles and

1989

enough income to pay

Steven Dalle Mura consid-

for food, shelter, cloth-

ers himself very fortunate

James Williams received

a distributor of liquid

ing, utilities, childcare,

to have worked for the

the Outstanding Mentor

asphalt based in Roanoke,

and transportation. The

past 20 years as the direc-

Award from the King

Va. The company operates

Orange Dot Project works

tor of legal research in

County Bar Association

13 asphalt storage and

to help impoverished fami-

the office of the executive

Young Lawyers Division.

transportation terminals

lies become self-sufficient

secretary of the Supreme

Williams has been com-

throughout Virginia, West

by creating new jobs and

Court of Virginia, which is

mitted to helping young

Virginia, North Carolina,

for Associated Asphalt,

helping people to get and

Daryl Byler is executive

the administrative office

lawyers for years. He was

South Carolina, Georgia,

retain those jobs.

director of the Center for

of the state court system.

one of the founders of

and Florida. Dave can

Justice and Peacebuilding

His group of five attorneys

the Washington State Bar

be reached at dcohan@

at Eastern Mennonite

serves as the “law clerk

Association’s Leadership

associatedasphalt.com.

University in Harrisonburg,

pool” for the Virginia trial

Institute, which recruits,

Va. For six years Byler lived

judges who do not have

66  UVA Lawyer / FALL 2013


Class notes …

The Exacting Business of Legal Translation Thomas L. West III ’90 has a knack for languages

they have expertise in ten European languages.

that proved to be a notable asset in Law School.

West is certified to translate from French,

Working with his mentor, Professor Daniel

Spanish, German, and Dutch to English and

Meador, who had written a book on East

speaks six other languages as well. But the key

German law and wanted to stay informed about

to Intermark’s success is the fact that all the

changes when the Berlin Wall came down, West

translators have legal backgrounds. Many of

translated German law review articles, court

them are former attorneys. Legal translation is challenging on several

decisions, and newspaper articles orally for him. After graduation from Law School, West

levels. To do a good job translating a legal

practiced for five years with Alston & Bird in

document from English to French, for instance,

Atlanta. He soon discovered how difficult it was

you not only have to understand what terms

to get useful legal translations from translators

mean; you have to know how you would say

who lack a legal background. Sometimes firms

it in French. To be a good legal translator you

would request translation from English into

have to be more than fluent. You need a keen

their language, then end up requesting the

eye for detail and the patience to figure things

original document in English because that

out because accuracy is crucial. New laws bring

in ancient Roman law. “The legal systems in

would be clearer to them than a half-baked

new terms to decipher, so a bit of detective

Europe have their foundations in Justinian law.

translation. West saw a need and left the

work may be required.

Although at the time I didn’t know where my

West credits his education at the Law School

practice of law to fill it. In 1995 he founded Intermark Language

for sharpening skills that have proven to be

law career would take me, it turns out that that would have been very useful in my work.” Last year West published the second edition

Services Corporation, a legal and business

invaluable in his business. The exams for his

translation company located in Chattanooga,

courses pushed him to concentrate. “A question

of The Spanish-English Dictionary of Law and

Tenn., that serves law firms, financial institu-

could focus on one specific point,” he recalls,

Business (see In Print). The volume includes

tions, and Fortune 500 companies around the

“and if you weren’t really paying attention, you

thousands of essential terms and phrases and

world. Most of the work is for clients in Europe.

could head off in the wrong direction.” The

complete coverage of terminology used in all

Intermark has three full-time staff members

same is true in translation.

20 Spanish-speaking countries.

and scores of freelance translators. Altogether,

Robert M. Tata was

In hindsight, he regrets not taking a class

1990

—Rebecca Barns

reports. The PCAOB also

open for business. Come

one end of the Lawn to the

oversees the audits of

visit! Marla and I are

other to participate. They

of Virginia to the Old

Robert H. Cox is assistant

broker-dealers, includ-

being kept busy with the

needed 1,739 to break

Dominion University board

director with the Public

ing compliance reports

ever-growing schedules of

the record and logged in

of visitors for a four- year

Company Accounting

filed pursuant to federal

our six-year-old, Eva, and

over 2,000. Football coach

term. Located in Norfolk,

Oversight Board in

securities laws, to promote

three-year-old, Max, but it

Mike London tweeted his

ODU is a public research

Washington, D.C. The

investor protection. Cox

keeps me young.”

congratulations, advising

university with approxi-

PCAOB is a nonprofit

has been at PCAOB since

mately 25,000 students.

corporation established by

2011; prior to that he was

Tata continues his practice

Congress to oversee the

a partner with Howrey.

at Hunton & Williams in

audits of public companies

Virginia Beach. He was

in order to protect the

recognized by Best Lawyers

appointed by the governor

Groves, “You may need to UVA Dean of Students

see our trainers tomorrow

Allen Groves got the

for treatment.” Such fun

academic year off to a fun

events seem a natural for

Sean Gertner reports

start when, with the help

Groves, who led a UVA

interests of investors

that representing Point

of students, he broke the

version of the Harlem

2013 as a Washington,

and further the public

Pleasant Beach post-

Guinness World Record

Shake on the Lawn earlier

D.C., and Virginia Lawyer

interest in the preparation

[Hurricane] Sandy has

for most high-fives by an

in the year.

of the Year in intellectual

of informative, accurate

been a challenge. Even

individual in one hour.

property law.

and independent audit

so, he writes, “We are

Students lined up from

UVA Lawyer / FALL 2013  67


Class notes …

Catharina Y. Min serves

Richard E. Farley is a

young people to get

as the office managing

partner in the leveraged

involved in community is-

partner of the Silicon

finance group with Paul

sues. Farley also serves on

Valley office of Reed Smith,

Hastings in New York

the board of The Common

where she focuses on

City, where he focuses his

Good, a non-profit organi-

cross border and domestic

practice on global high-

zation that seeks common

M&A and venture capital/

yield bond and leveraged

ground and encourages

emerging companies

loan transactions. Within

civic engagement.

work.
Min was named

Russell S. Sayre is in Best

two years of being hired to

Thomas W. Thagard III is

chairperson of Council

Lawyers 2014 in appellate

head the firm’s leveraged

Ethan K. Knowlden is

listed in Alabama Super

of Korean Americans, a

practice, commercial

finance department, Paul

senior vice president, gen-

Lawyers 2013 in business

national organization of

litigation, and litigation-

Hastings was ranked

eral counsel, and secretary

litigation and named in

Korean American leaders

banking & finance. He is a

number three in deal

for Complete Genomics,

Best Lawyers 2014 as

working to address issues

partner with Taft Stettinius

making by the Financial

Inc., based in Mountain

Lawyer of the Year in

of importance to Korean

& Hollister in Cincinnati,

Times. His writing on the

View, Calif. The company,

mergers and acquisitions.

Americans.
She re-

Ohio, where he concen-

banking industry has

which has 200 employees,

He is a shareholder and

cently received the Debra

trates his practice on

been published in The

uses the latest technol-

co-chair of the general

Zumwalt Pioneer Award,

litigation, arbitration, and

New York Times, The Wall

ogy to provide the most

litigation practice group

which is “presented to a

dispute resolution.

Street Journal, CNNMoney.

accurate whole-human

with Maynard Cooper &

com, and numerous other

genome sequencing avail-

Gale in Birmingham.

woman general counsel or law firm partner who

William Thro is general

publications. He often

able. In March, Complete

has transformed being the

counsel of the University

appears on Bloomberg

Genomics was acquired

‘first’ into being a catalyst

of Kentucky in Lexington.

TV, and last year he

by BGI, the world’s

for change” at the 2013

He returned home to

received a Bloomberg BNA

largest sequencing

West Coast Transformative

Kentucky after spending

Burton Award for Legal

company, headquartered

Sheri J. Caplan has written

Leadership Awards.
She

four years as solicitor

Achievement in asso-

in Shenzhen, China.

and published Petticoats

lives in San Francisco with

general of Virginia and

ciation with the Library of

and Pinstripes: Portraits

her husband, John Fish,

eight years as University

Congress for his writing.

of Women in Wall Street’s

who is a partner at Littler

counsel of Christopher

Mendelson, and two

Newport University.

Farley serves on the

1992

History, a collection of

board of directors of

biographical essays of

daughters, Isabella (9) and

Herbert G. Birch Services,

women who helped shape

Sydney (8).

New York State’s largest

America’s financial destiny.

non-governmental

This is the first book to

Linda Papst de Leon

provider of education and

place their contributions

is of counsel to Gates,

related services to children

to American finance in

O’Doherty, Gonter & Guy

and adults with autism

in San Diego, Calif., where

and other mental disabili-

Alexander M. Macaulay is

(see In Print). Caplan is

she focuses on all areas of

ties. He chairs the board of

listed in 2013 Virginia Super

a security arbitrator for

family law. She was previ-

directors of Love Heals, the

Lawyers and Best Lawyers

the Financial Industry

ously with Seltzer Caplan

Alison Gertz Foundation

2014 in government

Regulatory Authority

McMahon Vitek.

for AIDS Education, the

relations. He is with

(FINRA).

leading provider of HIV/

Macaulay & Burtch in

Jeremiah DeBerry has

AIDS education to young

Richmond, where he

Avi Garbow is gen-

joined Mayer Brown in

people in New York City.

focuses his practice on

eral counsel at the U.S.

New York City as director

He serves on the board of

government relations,

Environmental Protection

of diversity & inclusion in

directors of the non-profit

health care, and business

Agency, and came to

the U.S. He was previously

organization, REACT to

disputes.

that role with nearly two

director of diversity with

FILM, which through

decades of environmental

Cadwalader, Wickersham

sharing documentary films

law experience in the

& Taft.

aims to engage and inspire

private and public sectors.

68  UVA Lawyer / FALL 2013

1991

a historical perspective


Class notes …

Florida attorney Theodore W. Small Jr. ‘92 was honored with a 2013 American

members, for our association, and for our

Bar Association Presidential Citation for

Laurel G. Bellows while presenting the

Exemplary Leadership in Enhancing Pro

presidential citation.

Bono Legal Services and Improving the Legal

profession,” remarked then ABA President

Small addressed the importance of the

Profession. During his years as a member of

legal community’s collective pro bono work

the ABA’s standing committee on pro bono

on the occasion of his receiving a City of

and public service (2009–12), Small led efforts

DeLand (Florida) Proclamation honoring his

to produce Supporting Justice III: A Report

work. While receiving the proclamation for

on the Pro Bono Work of America’s Lawyers,

more than 20 years of pro bono work and

a publication that provides critical and

thousands of hours of public service work

important data for law-related organizations,

in the community, Small said, “I humbly

pro bono attorneys, and providers.

accept the Proclamation honoring my pro

“This [report] will increase awareness of

bono commitments on behalf of the many

legal services needs of poor Americans go

the growing need for pro bono attorneys and

unrecognized pro bono lawyers and legal

unmet.” Small also noted the event coincided

provide high quality information to guide the

assistants who volunteer their legal skills to

with 2013 National Pro Bono Week, October

recruitment, planning, structure, and provi-

represent those who cannot afford to pay

20-26. Small has a solo practice in DeLand,

sion of pro bono legal services to the poor.

for reasonable access to our justice system.

and focuses on business, employment, and

Ted is a strong advocate and resource for our

Repeated studies show that over 80% of the

contract law and litigation.

He was appointed by

Jane E. Kurtz recently

President Obama to serve

published 3 Ingredient

as EPA’s deputy gen-

Cocktails, an illustrated

eral counsel in 2009, and

how-to guide for simple

served in that role before

and successful cocktail

being nominated by the

mixology seasoned with

president and confirmed

humor. Her nom de plume

unanimously by the senate

is J.K. O’Hanlon or “Thirsty

to serve as general coun-

Jane.” (See In Print.)

sel. He has served in EPA’s Office of Enforcement and

Vytas A. Petrulis is listed

Compliance Assurance and

in Best Lawyers 2014 in real

as a federal prosecutor in

estate law. He is a partner

the Department of Justice

with Jackson Walker in

environmental crimes

Houston, Tex., where he

section. In private practice

focuses his practice on

he was a litigation partner

real estate development,

James N. Czaban ‘92 earned an “especially tasty honor” this August when he caught

and junior partner at two

investment, leasing, and

a 276-pound bigeye tuna to win first place in the tuna division of the 40th annual

major international firms.

finance.

while on the boat Sushi. The fish earned Jim and his teammates a record-setting

Kevin W. Grierson has

James E. Ryan was

$573,000, the most ever paid out for a tuna in a fishing tournament. With two kids

joined Culhane Meadows

appointed dean of the

entering college soon, Jim notes that his share of the purse “might pay for one

in Washington, D.C.,

Harvard Graduate School

semester’s tuition,” but he’ll also put part of it aside to help fund “investments” in fu-

where he is partner and

of Education and began

ture tournaments. When he’s not fishing, he is the chair of Wiley Rein’s FDA practice

co-chair of the intellectual

his term on September 1.

in Washington, D.C., focusing on pharmaceutical regulatory and IP strategies and

property group.

Jim is one of the nation’s

White Marlin Open in Ocean City, Md. Appropriately, he caught the monster fish

food safety compliance.

leading scholars of

UVA Lawyer / FALL 2013  69


Class notes …

education law and policy.

the California State Senate

beautiful today than the

where he represents

implements programs to

Before being appointed

as the Republican

day we married more than

clients in all major

professionalize Colombia’s

to the HGSE deanship, Jim

nominee in San Francisco.

27 years ago. As for me,

environmental programs,

justice sector and law

was an award-winning

On March 3, 2013, she was

I’m just happy. If you find

including the Clean Air

enforcement agencies

faculty member and

elected the first woman

yourself in Richmond, let’s

Act, Clean Water Act,

while countering narcotics

former academic associate

vice chairman of the

grab a beer and catch up.”

Superfund, solid and

production and trafficking.

dean at the Law School,

California Republican

where he began educating

Party. She is currently

Dickens “Deke” Mathieu

emergency planning, and

Brian R. Booker is

new UVA lawyers in 1998.

serving her second term

became senior vice presi-

agricultural issues.

included in the 2013

The Law School’s great loss

as chair of the

dent and general counsel

Southwest Super Lawyers

is Harvard’s fortune.

San Francisco GOP.

hazardous waste,

at Syracuse University

list in the area of business

She balances her

in July. He serves as the

litigation. He is a partner

Randi Rimerman Serota

business, political law,

university’s chief legal

with Quarles & Brady in

died on September 1

employment, and civil

officer and as a member of

Phoenix, Ariz., where he

after a year-long battle

rights litigation practice

the chancellor’s cabinet.

focuses his practice on

with cancer. After law

with daily volunteer politi-

He was previously senior

commercial litigation

school she clerked for

cal activities and knitting.

legal counsel at Tufts

with an emphasis on

the Hon. Stanley Harris of

In 2012 she started an

University.

commercial and profes-

the U.S. District Court in

organic California yarn and

Washington, D.C., before

knitwear company called

Tom McThenia’s twin

Michael D. Steger formed

securities fraud, and

beginning her career as a

Sea Ranch Woolworks,

sons, Andrew and Sam,

Steger Krane LLP in

product liability.

trial attorney for the civil

which specializes in

are first years at UVA

February. Based in New

division of the U.S. Justice

ethically sourced California

(College and Engineering),

York City, the firm practices

Heidi K. Brown is an

Department. She later

sheep wool and alpaca

which gives him “a

intellectual property,

associate professor of law

joined Duane Morris in

yarns and knitwear,

great excuse to come

entertainment, corporate

at New York Law School

Philadelphia, where she

featuring the wool of the

back to Charlottesville

and employment law, and

in Manhattan, where she

focused on employment

Sea Ranch sheep.

from Florida.” Tom

commercial litigation.

teaches evidence, legal

enjoys practicing law with

Steger had a solo law

practice, and deposition

law, and was most recently

sional liability, real estate,

associate general counsel

Mike Klein writes that

GrayRobinson in Orlando

practice for the previous

skills. She recently was

and director of compliance

while the Klein family

and Gainesville.

seven years.

appointed to the board of

at Ellucian in Malvern, Pa.

has grown since its days

Randi is survived by her

at Withers Hall, it thrives.

husband, Howard, and

His daughter, Allie (26) is

sons, Max and Adam.

a UVA grad and now a 3L

1993

the American Association

1994

of Law Schools’ committee on balance in legal education. She is working

at William & Mary Law; his

After three years in Mexico

on a two-book series for

son Andrew (23) is a James

City, Jorgan Andrews ar-

legal publisher Wolters

Madison University grad

rived in Bogota, Colombia,

Kluwer on objective and

and an Infantry second

for his next assignment

persuasive legal analysis.

lieutenant in the 82nd

with the U.S. State

Heidi is also developing

Airborne Division at Ft.

Department. His wife,

programs to assist law

Bragg, N.C.; son Reilly (18)

Robert J. Schmidt Jr. is

Sara Craig, who is also a

students and lawyers

is a midshipman (plebe) at

listed in Chambers USA

Foreign Service Officer,

who suffer from extreme

the U.S. Naval Academy;

2013 in natural resources &

and children Soren (11),

public speaking anxiety.

identical twins Blayney

environmental law and

Karsten (10), and Dagny

Her article, “The Silent

and Emma (14) are 9th

Best Lawyers 2014 in

(6) accompanied him. As

but Gifted Law Student:

graders at the Collegiate

environmental law-

deputy director of the U.S.

Transforming Anxious

School in Richmond. His

litigation and

Embassy’s international

Public Speakers into Well-

Harmeet Dhillon married

wife, Lee, teaches second

environmental-water law.

narcotics and law enforce-

Rounded Advocates,” was

Sarvjit Randhawa in 2011.

grade at St. Mary’s in

He is a partner with Porter

ment section, Jorgan

recently published in the

In 2012 Harmeet ran for

Richmond, “and more

Wright in Columbus, Ohio,

70  UVA Lawyer / FALL 2013


Class notes …

Online Alumni Q&A Find the full archive online at: www.bit.ly/alumni_qa Journal of the Legal Writing

up with Liz McCraw

Institute (18 Leg. Writing

McCarron, Stacey Geis,

291 (2012)).

and Dave Burke ’93 and

Called to Serve: Adam Gordon ’08 on Prosecuting Criminals in San Diego

their families.

Carmen Tiburcio LL.M. ’87 S.J.D. ’98 on Private International Law and Being Chosen to Lecture at The Hague

banking law at White &

After 17 years in the

Ingrid Zeisler ’01 on Working at a Global Investment Management Firm

Case in New York City and

Richmond and Houston

is the head of the banking

offices of McGuireWoods,

section for the Americas.

during which work took

partner and co-chair of the

Chris Osborn presents

of 2012 to join Meredith

He lives with his wife,

him to London, Frankfurt,

energy litigation group

CLE seminars on ethics

Shackelford Jeffries ’94

Kathy, and their children,

and Singapore, Rob Tyler

and the real estate and

and professionalism

and Tony Ketron ’98 on

Luke (11), Alex (9), and Ben

has moved his intellectual

construction marketing

through ReelTime CLE,

the full-time faculty of the

(5), in Brooklyn Heights.

property litigation and

team with McGuireWoods

www.reeltimecle.com, a

Charlotte School of Law in

counseling practice to

in Charlottesville.

company he co-founded in

North Carolina. During his

Eric Leicht practices

2010 (with a former lawyer

first year, Chris taught con-

Fain. He now focuses more

Steve Mahle was counsel

turned counselor). The

tracts (which he conducts

on issues facing middle-

to the Florida Justice

live, interactive ReelTime

in the spirit and in honor

market clients, and is

Reform Institute in a multi-

CLE seminar format uses

of former dean Bob Scott,

renewing his acquaintance

year lobbying effort that

offbeat film clips as the

whom he portrayed in The

with courts in Virginia. He

culminated in the Florida

springboard for a lively,

Libel Show), and this year

“mourns the loss of his

legislature replacing

dynamic discussion of

is teaching civil procedure.

frequent flyer status,” he

Florida’s 90-year-old expert

professional responsibil-

Chris’s scholarship and

writes, “and that’s about it.”

evidence standard with the

ity and ethical decision

future teaching efforts

Rob and his wife, Crystal,

modern Daubert standard

making in the real world

will be focused on ethics,

live in Midlothian.

for admissibility of expert

of practice (particularly

professional responsibility,

testimony. The law took

as the latter may be af-

and the promotion of

Richmond-based Spotts

John B. Nalbandian has been selected for inclusion in Best Lawyers 2014 in

Carole Yeatts is director

effect in July. In September

fected by stress and other

innovative and effective

appellate practice. He is a

of career and professional

Mahle and three fed-

mental health-related

ways of teaching those

partner in the litigation

development program-

eral judges made a CLE

issues). After presenting

subjects. He and his wife,

practice group of Taft

ming for the University of

presentation discussing

its programs initially

Wendy, celebrated their

Stettinius & Hollister in

Richmond School of Law.

the impact of this Daubert

throughout North and

20th wedding anniversary

Cincinnati, Ohio.

She lives in Bon Air with

legislation in Florida.

South Carolina, in the past

in August. They continue

His practice concen-

three years ReelTime CLE

to live in Charlotte with

trates on the evaluation,

has expanded to partner

their three daughters

challenge, and exclusion

with state bars or bar as-

(ages 15, 13, and 11).

(or proffer and admission)

sociations in Georgia, New

and children, Zoe (13), Liesel

of scientific and other

Mexico, New York, Oregon,

Leah Ward Sears LL.M. has

(10), and Atticus (8). She

Jonathan T. Blank is listed

expert testimony under

and Virginia. In September

been elected a fellow of

recently joined Stanhope

in Virginia Super Lawyers

Daubert and the other

ReelTime CLE debuted

the American Academy of

Capital, a wealth manager in

2013 in energy and

standards for admissibility

for the Oregon State

Appellate Lawyers. She is a

London, as general counsel

natural resources, business

of expert testimony, and

Bar its newest program,

partner with Schiff Hardin

and chief compliance

litigation, and construc-

includes econometric

“Accidental Racists,” and

in Atlanta, Ga., where she

officer. She is also a trustee

tion litigation and was

analysis of expert testi-

Other Elephants in the

leads the national appel-

of the London Children’s

included among Client

mony and legal analysis of

Room: The Impact of Subtle

late client service team.

Ballet, an organization

Service All Stars in energy

the econometrics used by

Forms of Bias on Access to

dedicated to changing the

litigation, BTI Consulting

experts. He posts some of

Justice.

lives of children through

Group 2013. Blank is also

his work on DaubertCoun-

dance. She and her

listed in Best Lawyers 2014

sel.com. Mahle practices

love for teaching, Chris left

family had a great time this

in commercial litigation.

throughout the country

private practice in the fall

summer in France catching

He is office managing

from Boca Raton, Florida.

her two children.

Stephanie Shepard Cobb lives in London with her husband, Shane Cobb ’93,

1995

Having discovered a

UVA Lawyer / FALL 2013  71


Class notes …

Law Alumni Weekend 2013 1200+: Number of alumni and guests in attendance 425+: Number of locally crafted, gourmet popsicles devoured at Saturday’s BBQ 275+: Number of Monticello tours taken by alumni and guests 650+: Number of Virginia ham biscuits eaten at the Saturday morning breakfast 200+: Number of omelets made to order at the Sunday Brunch 175+: Number of mini succulents handed out for Mother’s Day 572:

Number of reunion photos on FLICKR for viewing & download www.flickr.com/photos/uvalaw/sets

72  UVA Lawyer / FALL 2013


Class notes …

UVA Lawyer / FALL 2013  73


Class notes …

1996

Magazine as one of the

1997

area’s legal elite in banking

the U.S., Canada, and

the banking & finance

Latin America.

practice area. He is a

Drury brings a great

member at Wyche, where

In August Damian Capozzola proudly

& finance. Coburn has been

recognized in Chambers

deal of experience to

he represents both public

launched his own firm,

selected to participate

USA 2013 as a leader in

his new position. Before

and private company

specializing in commercial

in the Liberty Fellowship

real estate law and in Best

attending Law School,

clients in corporate and

litigation, torts, employ-

Class of 2015. The Liberty

Lawyers 2014 in real estate

he was assistant state

securities law matters and

ment law, and health care.

Fellowship is a statewide

law and land use & zoning

director to U.S. Senator Bill

complex transactions.

See www.ddclaw.com.

leadership initiative

law. He is with Smith

Bradley. After graduation,

He still lives and works

established by The

Moore Leatherwood in

he practiced law with

Kevin W. Holt is listed

in Los Angeles, where he

Aspen Institute, Wofford

Greensboro, N.C.

Lowenstein Sandler,

in Best Lawyers 2014 in

is originally from, with

College, and philanthropists

focusing his work on

commercial litigation. He

Renee, his wife of 12

Anna and Hayne Hipp.

Creighton Drury was

constitutional law and civil

is a partner with Gentry

years, and their two sons,

Participants are chosen

named executive director

rights legislation. He came

Locke Rakes & Moore in

Brian W. Byrd has been

Donovan (6), and Dean (2).

from across South Carolina

of Covenant House New

to Covenant House after

Roanoke, Va., where he

In his free time, Damian

based on their proven lead-

York in June. He served

serving as president and

focuses his practice on

serves as an assistant track

ership abilities and their

as chief operating officer

executive vice president of

commercial, employment,

coach for one of the local

commitment to moving

since joining the organiza-

the nonprofit New Jersey

and ERISA litigation.

high schools on weekends

the state forward. Coburn

tion in February 2012,

Community Development

and enjoys scuba diving,

is a member of Wyche in

and in that role he led a

Corporation, where he

which gives him the op-

Greenville, and focuses his

number of initiatives in

saw the annual operating

portunity to help his wife

practice on mergers and

health, education, and

budget increase from $1.5

with her new business in

acquisitions, corporate

neighborhood economic

to $20 million. As New

underwater photography,

reorganizations, structuring

development strategies,

Jersey’s Director of Gang

www.beneaththesurfaceim-

of joint ventures, securities

as well as overseeing crisis

and Crime Prevention from

aging.com.

offerings, and executive

and long-term care needs

2008–10, he helped shape

compensation and benefits.

of youth who came to

state policy relating to

Covenant House for help.

at-risk urban youth.

1998

Kevin Drucker is share-

Covenant House New York

holder with Mendelsohn,

was established in 1972

Drucker & Dunleavy in

and served more than

William R. Borchers was

Philadelphia, Pa. He leads

6,000 youth last year.

included in S.A. Scene’s 2013

the firm’s U.S. trademark

Covenant House New

Best San Antonio (Texas)

prosecution, intellectual

York provides emergency

Lawyers list in intellectual

property licensing, en-

shelter and basic needs—a

property. He is a partner

forcement, and litigation

shower, a warm meal,

with Jackson Walker.

practices.

clean clothes, medical help, and encourage-

Amy E. Davis was recog-

Andy Coburn is listed in

Mark A. Knueve has been

ment—for homeless,

Best Lawyers 2014 for

recognized in Chambers

runaway, and high-risk

Eric Graben is listed in Best

a legal leader on the rise.

securities/capital markets

USA 2013 and Ohio Super

youth in New York City.

Lawyers 2014 for corporate

She is a partner and share-

law, corporate law,

Lawyers 2013 in employ-

Covenant House, the um-

law and securities/capital

holder with Christiansen

business organizations

ment and labor law. He

brella organization, is the

markets law and named

Davis Bullock in Dallas,

(including LLCs and

was also in Best Lawyers

largest privately funded

Greenville Lawyer of the

where she focuses her

partnerships), and

2014 for employment

agency serving homeless

Year in securities/capital

practice primarily on labor

employee benefits (ERISA)

law-management and

youth in the nation, with

markets law. Graben was

and employment law and

law. He was also recog-

litigation-labor & employ-

facilities, or “houses,”

also recognized by

commercial litigation.

nized by Greenville Business

ment. He is a partner with

in 22 cities throughout

Greenville Business

74  UVA Lawyer / FALL 2013

nized by Texas Lawyers as

Vorys, Sater, Seymour and

magazine as one of the

Pease in Columbus.

area’s legal elite for 2013 in


Class notes …

Jonathan Frutkin

Jennifer Romig at jromig@

published Equity Crowd-

emory.edu if you would

Michael Rakower ‘99 writes, “The past

funding: Transforming

like to suggest an idea or

several months have been quite fruit-

Customers into Loyal

potentially be interviewed

ful. First, Sali ’99 and I had our fourth

Owners. In the book, he

for “Listen Like a Lawyer.”

child in December 2012. Our family

explains how the world of

now includes older sisters Rachel,

finance is about to change.

James F. Neale is listed in

Becca, and Hannah and baby brother

(See In Print). Frutkin is

Virginia Super Lawyers 2013

Jake. Second, my boutique litigation

CEO of Cricca Funding, a

in personal injury defense-

practice expanded in November

consulting firm that works

general, civil litigation

2012, and the firm is now known as Rakower Lupkin PLLC. Third, I was selected for

with locally owned busi-

defense, and personal in-

inclusion in the 2013 New York Metropolitan Edition of Super Lawyers.”

nesses to take advantage

jury plaintiff- general. He is

of equity crowdfunding,

also listed in Best Lawyers

with offices in Scottsdale,

2014 in product liability

Kosovo, where she served

Virginia Super Lawyers

Ariz., and Atlanta, Ga.

litigation. BTI Consulting

in the U.S. Embassy’s

2013 and is listed in Best

2000

Group named him a Client

political and economic

Lawyers 2014 in mass

Saralisa G. Brau is a

Gary M. Gansle has

Service All Star in product

section as the director for

tort litigation/ class

principal author of

accepted a leadership po-

liability law. He is a partner

the Bureau of International

actions-plaintiffs, medical

Antitrust and Healthcare:

sition with Squire Sanders

with McGuireWoods in

Narcotics and Law

malpractice law-plaintiffs,

A Comprehensive Guide,

(US) LLP as practice group

Charlottesville.

Enforcement Affairs. In

and personal injury

published in July by the

leader of the Northern

August Jenna and her

litigation-plaintiffs. He is

American Health Lawyers

California employment

Helen Wan is the author

husband welcomed their

a partner in the medical

Association. The book is

law practice, resident in

of the debut novel The

third child, a daughter,

malpractice, personal

a practical guide to the

the firm’s Silicon Valley

Partner Track, published

who is doted on by her

injury, and products li-

application of antitrust

office. Gary writes he

by St. Martin’s Press in

two older brothers.

ability groups with Gentry

laws to different segments

was pleased to also bring

September, about a young

Locke Rakes & Moore in

of the health care industry.

his entire team from his

minority woman at a pres-

Stephanie L. Chandler was

Roanoke.

Brau is a deputy assistant

former firm to join him at

tigious corporate law firm.

included in S.A. Scene’s

Squire Sanders, which has

The novel explores how

2013 Best San Antonio

Bellamy Stoneburner

care division of the Federal

over 1300 attorneys in 39

difference, diversity, and

Lawyers list in business

has been recognized as

Trade Commission’s

offices around the world.

“outsider” status compli-

& corporate and mergers

a rising star in Virginia

Bureau of Competition in

Gary is excited about the

cate the ascent of young

& acquisitions. She is a

Super Lawyers 2013. She is

Washington, D.C., where

challenges that lie ahead

lawyers up the corporate

partner with Jackson

an associate with Cantor

she leads investigations

as he continues to grow

ladder (see In Print). Wan is

Walker.

Stoneburner Ford Grana

and litigation involving

his group locally, and

associate general counsel

and Buckner in Richmond,

alleged violations of

his practice locally and

at the Time Inc. division

Todd W. Latz is currently the

where she focuses her

antitrust laws by health

internationally.

of Time Warner Inc. She

CEO of MedQuest, Inc., a

practice on medical

care providers and phar-

lives with her family in

leading owner, operator,

negligence, neurological

maceutical companies.

New York.

director with the health

and manager of diagnostic

birth-related injury, and

has launched a new blog,

imaging facilities, with over

complex personal injury

Ryan Clinton was recog-

“Listen Like a Lawyer,” at

75 centers in 8 states. He

litigation.

nized by Texas Lawyers as a

Jennifer Murphy Romig

www.listenlikealawyer.

1999

lives in Atlanta, Ga., with

legal leader on the rise. He

his wife, Jenny, and their

Laura Webb Khatcheressian

has handled high-profile

on effective listening in

Jenna (Jones) Bucha has

three children, Alex (10),

joined the faculty of the

cases, including represen-

the legal context: the

returned to Northern

Sophie (7), and Gaby (4).

University of Richmond

tation of an international

theory, practice, and

Virginia for an assign-

School of Law in June as

oil-and-gas royalties dis-

benefits for lawyers and

ment with the State

Anthony M. Russell was

an assistant professor of

pute, and Texas A&M in

other legal professionals,

Department’s Executive

recognized as a rising star

legal writing.

litigation arising from the

as well as law students and

Secretariat. This follows a

in personal injury plaintiff-

professors. Please contact

two-year tour in Pristina,

medical malpractice in

com. The blog’s focus is

UVA Lawyer / FALL 2013  75


Class notes …

1999 collapse of the Texas

Eric J. Conn and his wife,

operations counsel and

engaged in issues faced

Kevin P. McCart joined

Aggie bonfire.

Hillary Webber, will

chief compliance officer

by practitioners and

Husch Blackwell in

Clinton’s work to

welcome their first child

for WhiteWave Foods, the

scholars in this area of the

Washington, D.C., as

reform animal shelters

in February. Eric, who is

maker of Horizon organic

law. Hicks is a partner in

partner in the white-

was featured in the April

head of the national OSHA

milk, Silk plant-based bev-

the banking and finance

collar criminal defense and

issue of Texas Rising Stars.

practice group at Epstein

erages, and International

practice with Mayer Brown

government compliance,

He recently spoke at the

Becker & Green, based

Delight creamers. She and

in Charlotte, N.C.

investigations & litigation

University of Washington

in the firm’s Washington,

her family recently spent

School of Law’s annual

D.C., office, was recently

some quality time with

Kandice Kerwin married

served as an active-duty

Animal Law Conference

appointed to the firm’s

Andy Wright and his son,

Tucker Hull in the Wren

Army judge advocate

about why we need to

labor & employment

Garrett, on St. Simons Island.

Chapel at the College of

and most recently was a

change the way we think

steering committee, a part

William & Mary on July 28,

partner at Patton Boggs.

about animal shelters.

of the firm’s management

Joe Geever started

2012. On April 20, 2013,

“Our job,” he explains, “is

structure. He is also in the

work with the Surfrider

they welcomed Cooper

Nate Pietila recently relo-

to demand that animal

final stages of an appoint-

Foundation in California

Ryan Hull to the world.

cated to Orange County,

shelters actively compete

ment to D.C.’s Board of

soon after graduating,

Cooper joins big brothers

Calif., where he continues

in the marketplace for new

Occupational Safety &

fortunate to find work that

Jason (7) and Augustus (5).

to practice aviation law

pets. When they do, pets

Health.

involves his lifelong love

Kandice is a member of

with Aero Law Group PC

leave alive.”

groups. He previously

of our coasts and oceans.

McNees Wallace & Nurick

based in Bellevue, Wash.

He has worked on a range

in Harrisburg, Pa., with a

He has recently spoken

Hankinson in Austin, where

Chrissy (Emmons) Eisenhard and her

of issues from coastal

practice focused on com-

at a number of seminars

he practices complex

husband, Kurt, and two

zone management to the

mercial and real property

throughout California on

civil-appellate litigation.

children, Madeleine Anne

establishment of marine

litigation. Tucker practices

FAA and tax issues facing

(5) and Reid Frederick (3),

protected areas—special

commercial litigation with

owners and operators

relocated to Boulder, Colo.,

places in the ocean similar

PepperHamilton, and at

of business and private

in 2012. Chrissy is chief

to those in our National

home they enjoy debating

aircraft. He, his wife Kara,

Parks System. Geever

obscure points of civil

and son Jonathan (3)

is currently working

procedure.

celebrated the birth of their

Clinton is a partner with

PHOTO: Jack Cushman

on “integrated water

daughter, Anneke, in May.

management,” multi-ben-

Rohit Kumar has left his

efit reforms for how we

post as Deputy Chief of

Francesca Ugolini

manage our freshwater

Staff to Senator Mitch

received the 2013 Arthur S.

resources. Perhaps most

McConnell after more than

Flemming Award for Legal

importantly, he adds, he

13 years on Capitol Hill.

Achievement at George

finally found the love of

The news of his departure

Washington University in

his life, Gordana, and they

from Capitol Hill was cov-

June. The award is given for

married in April.

ered in a front-page story

exceptional contributions

in the Washington Post and

to the federal government.

E. Perry Hicks has been

generated an interview

Ugolini is an appellate

appointed vice-chair of

with ABC News. After

attorney who presents

Shanna M. Cleveland ‘00 received the 2013 Margaret

the business law section’s

taking a few months off to

complex issues involved in

H. Marshall Award from the Boston chapter of the

subcommittee on invest-

spend with his wife, Hilary,

federal tax cases, which in

American Constitution Society for Law and Policy at

ment securities for the

and daughter, Kiera (3), he

turn enables judges to un-

its annual Constitution Day ceremony in September.

ABA. The subcommittee

joined PwC in October as a

derstand the government’s

The award recognizes her work in securing the shut-

focuses on the parts of the

principal and co-leader of

positions. Her efforts have

down of polluting coal plants in two communities in

Uniform Commercial Code

the tax policy service.

saved the government

the state plagued with air pollution and associated

dealing with investment

more than one billion

health problems. Cleveland is a senior attorney at

securities and related

dollars in tax revenue. She

Conservation Law Foundation.

investment property

is in the tax division with

transactions and is actively

the Department of Justice.

76  UVA Lawyer / FALL 2013


Class notes …

Andrew Wright finished

Association and elected to

A Response to Professor

education and post-

Bar Association young

up two years at the

the NBA’s board of

Swisher” http://digitalcom-

secondary success.

lawyers’ division. Her term as

White House as associate

governors. He is counsel

mons.law.umaryland.

chair will begin in January

counsel to the president

and member with Reed

edu/endnotes/24/ in the

2014. She is a general tax

and moved south to the

Smith and leads the

online companion to the

attorney with Norfolk

low country to become

appellate practice in the

Maryland Law Review in

Southern Corporation.

associate professor of law

Washington, D.C., and

January. He is a principal

at Savannah Law School.

Richmond offices.

with Kramon & Graham

married Trevor O. Green,

He recently taught his

in Baltimore, where he

a local law enforcement

first section of criminal

Ryan Coonerty is co-

focuses his practice on

officer, in Chesapeake, Va.

law, and will soon teach

author of The Rise of the

insurance coverage and

criminal procedure and

Naked Economy: How to

appellate advocacy. He has

presidential powers. He

Benefit from the Changing

been listed as a rising star

Michael L. Whitlock has

honored in June with

spends most of his non-

Workplace, a new book

in Maryland Super Lawyers

joined Bingham

the Louisiana State Bar

work time chasing after his

published by Palgrave-

for three consecutive years

McCutchen in Washington,

Association’s Human

extremely busy two-year-

Macmillan about the

and teaches a course in

D.C., as partner in the

Rights Award in recogni-

old son, Garrett.

changing nature of when,

the history of the Supreme

antitrust, competition, and

tion of his efforts in

where, and why we work

Court at Goucher College.

trade regulation group and

promoting diversity in the

(see In Print). Coonerty

the white-collar investiga-

legal profession. He is co-

is co-founder and chief

tions and enforcement

chair of the LGBT litigator

strategist of NextSpace

group. He previously

committee of the ABA

Christian Atwood has

Coworking + Innovation,

worked as a trial lawyer in

section of litigation and

been named a 2013 “40

which provides

the antitrust division of the

a volunteer with the New

under 40” award winner in

physical space and virtual

U.S. Department of Justice,

Orleans Pro Bono Project.

the legal advisor category

infrastructure for creative

where he focused on

He is a member with

by The M&A Advisor. The

collaboration among

prosecution of price fixing,

Stone Pigman Walther

award is given to emerg-

freelancers, entrepreneurs,

ing leaders in the M&A,

and other professionals.

2001

On October 19 Eliana

J. Dalton Courson was

bid rigging, and market

Wittman, where he has a

Joshua N. Silverstein was

allocation conspiracies, as

litigation and trial practice

financing, and turnaround

recently recognized among

well as prosecuting and

with a focus on insurance

industries. Atwood is

L. Dwight Floyd has

“20 Under 40” shaping

investigating other federal

coverage, creditors’ rights,

a partner with Choate,

been named director of

business today by South

offenses, including bribery

and bankruptcy and

Hall & Stewart in Boston,

knowledge management

Jersey Biz magazine. He is a

and fraud.

business litigation.

Mass., where he focuses

for Parker Poe Adams &

partner with Stradley

his practice on private

Bernstein. In this recently

Ronon in Cherry Hill, N.J.,

equity and mergers and

created position he will

where he focuses his

acquisitions.

meet with practice group

practice on mergers and

DiMuroGinsberg, a litiga-

leaders, attorneys, and

acquisitions, transactional

tion firm in Alexandria, Va.,

staff members in Parker

health care and insurance

where she has practiced

Poe’s five locations,

matters, and general

general and complex

establishing efficient and

corporate counseling.

litigation for the past five

2003

Stacey (Rose) Harris was named a partner at

effective processes for

years. In July Stacey and

making the most of the

her husband, Daniel, wel-

collective knowledge of

2002

comed their second child,

the firm.

a son, Jonah Grayson.

Natasha M. Cavanaugh is

Elaina Blanks was elected

Steven M. Klepper

associate general counsel

to the Virginia Bar

Matthew Houtsma was

Tillman J. Breckenridge

published an article

at the Bill and Melinda

Association board of

promoted to associate

has been named chairman

entitled “The Practical

Gates Foundation, where

governors and began her

area counsel, Denver,

of the appellate law

Implications of Recusal of

she provides legal services

term in January as the

in the IRS office of chief

section of the National Bar

Supreme Court Justices:

to support college-ready

chair-elect for the Virginia

counsel. As AAC, Matthew

UVA Lawyer / FALL 2013  77


Class notes …

oversees a group of at-

Sheryl Koval Garko has

health care fraud, civil

San Francisco, Calif., as

succession planning, and

torneys litigating cases in

joined Fish & Richardson

rights, housing discrimina-

associate in the commer-

general business and

tax court and advising the

in Boston, Mass., as of

tion, hate speech, and

cial and business litigation

corporate law. She is with

government on various

counsel in the IP litigation

immigration.

department. She has

Red Mountain Law Group

tax questions.

group, where she focuses

focused her practice on

in Birmingham.

her practice on patent,

Meghan M. Cloud has

business litigation and

trademark, copyright,

been named a Virginia

intellectual property

trade secret, and false

future star in benchmark

matters involving trade

advertising litigation. She

litigation for 2013 and a

secrets, real property,

was previously counsel at

rising star in Virginia Super

business torts and

Goodwin Procter.

Lawyers 2013 in civil litiga-

copyright and patent

tion defense and personal

infringement. She was

injury defense-products

previously with Fitzgerald

and utilities. She is counsel

Abbot & Beardsley.

with McGuireWoods in Charlottesville.

Larae N. Idleman joined

Gavin White has joined

Obermayer Rebmann

Skadden, Arps, Slate,

Scott P. Horton served as

Maxwell & Hippel in

Michelle Levin was

Meagher & Flom as

co-chair of “Wines in the

Philadelphia, Pa., as

promoted to partner at

partner in the tax group in

Wild,” a fundraiser to

associate in the labor

Steptoe & Johnson in

New York City.

benefit the Buffalo Zoo’s

relations & employment

New York City, where

Adopt an Animal Program

law department. She

Andreas Stargard writes

she is a member of the

that took place in July. He

focuses her practice on

that “after some tumultu-

litigation department. Her

counseling management

ous times in the last

practice focuses on white-

in all aspects of labor

couple of years at Howrey

collar criminal defense,

Marcus D. Brown has been

organizes several major

relations and

(R.I.P.)” and a stint at Baker

regulatory enforcement

honored as a rising star by

fundraisers each year.

employment law.

Botts, he is with Paul

proceedings, and internal

Texas Monthly magazine.

Hastings in Brussels, where

investigations.

He is an associate with

sentation on “Employment

he is a partner in the

Winstead in Dallas, in the

Practices and Social Media”

antitrust/competition-law

Kevin Alden Maxwell

labor, employment & im-

at the New York State Bar

practice group. “Please

and his wife, Whitney,

migration practice group.

Association continuing

contact me and catch up,

welcomed their second

legal education seminar,

or better yet come

child, Finley Collins, in

and in September he

and visit.”

September. Finley joins

presented a talk entitled,

her brother, Tristan Alden.

“We’re Going to Court …

Kevin serves as assistant

What Happens Now?” at

general counsel for

the New York State Society

Mueller Water Products,

for Human Resource

Inc. in Atlanta, Ga.

Management Conference.

Jeffrey P. Kapp was named

2004

of counsel with Radler

2005

is a member of the Buffalo Zoo’s ProZoo Board, which

In May he gave a pre-

White Parks & Alexander in

In May Sarah Baker

Portland, Ore., where he

became Dr. Jill Biden’s new

Horton is a partner in

focuses his practice on

policy director. She was

Jaeckle Fleischmann and

corporate law and real

previously the U.S. senior

Brooke Everley has been

Mugel’s labor & employ-

estate. Previously a partner

associate for the pro bono

recognized as a rising star

ment and e-discovery

with Robinson, Bradshaw

department and member

in Alabama Super Lawyers

& records management

& Hinson in Charlotte, N.C.,

of the white-collar criminal

2013 in estate planning &

practice groups.

he was recognized as a

defense and government

probate. Her practice

rising star in real estate law

investigations group at

includes estate and gift

in North Carolina Super

Hogan Lovells. While

Lawyers 2013.

there she worked on a

Ilse C. Scott has joined

administration and

range of issues, including

Michelman & Robinson in

probate, business

78  UVA Lawyer / FALL 2013

planning, estate and trust


Class notes …

Class members participate

Rebekah Shapiro ’08 married Alexander

in special projects and

Gorelik on November 12, 2012, in

learn leadership skills

San Mateo, Calif. She is an attorney at Wild,

designed to provide the

Carey & Fife in San Francisco, specializing

Chi-Yu Liang has been

tools necessary for improv-

in professional liability defense. She is also

elected partner in the

ing their communities and

a contributing editor of the new Rutter

wealth-planning depart-

the state.

Group practice guide, Claims and Defenses, which was written to assist in-house counsel

ment of Withers Bergman in New York City. Her

Tiffany M. Graves is

and general practitioners preparing and

practice focuses on

executive director and

responding to California common law

personal tax and trusts

general counsel of the

causes of action. She conducted her first

and estates planning for

Mississippi Volunteer

trial, solo, in April 2012. Alex is a graduate of

high net worth individuals

Lawyers Project in Jackson.

the University of Chicago Booth School of

and families.

She began working

Business. The couple resides in Burlingame.

at MVLP as general

2006

counsel in October 2011 and assumed the

2007

duties of executive

Project has helped more

law; taxation, trusts and

than 7,000 girls in 299 rural

estates; and nonprofit

communities by teaching

organizations and

them skills that provide a

charitable giving. She was

livelihood and informing

previously with Akin

Kate Duvall has been

director in March 2013.

selected to receive the

MVLP provides legal

2013 Carol S. Fox Making

assistance to low-income

Nathan Cherry and Melissa McWilliams Cherry ’09 welcomed

Kids Count Award from

Mississippians through pro

their second son, Andrew

them about their rights to

Gump Strauss Hauer &

Voices for Virginia’s

bono attorneys.

Stafford Cherry, on July 23.

the land. The project helps

Feld in Washington, D.C.

The Cherry family is enjoy-

keep girls in school and

Children. An attorney

In January, Tiffany was

with the Legal Aid Justice

selected as one of the

ing Houston, Tex., where

reduces the number of

Elizabeth Leighton Stieglitz

Center’s JustChildren

top ten “Up-and-Coming”

Nathan is with Barclays’

children subject to traffick-

was born on July 29 in

Program in Charlottesville,

young attorneys by Portico

energy investment bank-

ing and child marriage.

Arlington, Va., to Albert B.

she represents children

Jackson magazine. In May,

ing group.

in the juvenile justice

she received two honors:

system, helping them with

the “Outstanding Woman

re-entry planning, access to school, mental health

Grout is a land rights

Stieglitz, Jr. and his wife,

attorney with Landesa, a

Amanda. “Mom, Dad, and

Rebecca Clifford was

nonprofit in Seattle, Wash.,

sister Caroline are doing

Lawyer Award” from

named a Super Lawyers

that is working with the

great,” writes Albert.

the Mississippi Women

rising star for 2013. She is

government of India to

treatment, and other

Lawyers Association and

an associate and member

expand the project to

issues. She has also helped

the “Pro Bono Award”

of the litigation and intel-

reach 35,000 girls this year.

with successful lobbying

from the Capital Area Bar

lectual property practice

for positive changes in the

Association.

groups with Irell & Manella

Lisa M. Lorish has been

in Newport Beach, Calif.

named a rising star in busi-

juvenile justice system.

2008 ness litigation in Virginia

Nimer Sultany LL.M. James Graves III was

graduated from the S.J.D.

Melany Grout was profiled

Super Lawyers 2013. She is

selected for member-

program at Harvard

in the August issue of O

an associate and member

ship in the 2013 class of

Law School, served as

magazine in a new feature

of the energy litigation

Leadership Mississippi,

a postdoctoral fellow

called, “Globe Trotter for

group with McGuireWoods

a program designed to

at State University New

Good.” The piece describes

expose Mississippi leaders

York Buffalo Law School,

Grout’s work for the past

Shannen L. Naegel has

she practices in the

to other communities,

and is now a lecturer in

two years with impover-

joined Belin McCormick in

business and securities

allowing them to create

public law at the School

ished girls in West Bengal,

Des Moines, Iowa, as a

litigation department.

the bond of fellowship and

of Oriental and African

India, where they have

shareholder in the

She focuses her practice

networking that extends

Studies at the University

been seen as burdens,

corporate group. She will

on commercial litigation,

beyond other Leadership

of London.

not contributors to their

focus her practice in

energy law, and financial

family. Since 2011 the Girls

corporate and commercial

services litigation.

Mississippi participants.

in Charlottesville, where

UVA Lawyer / FALL 2013  79


Class notes …

School Justice Project: From Idea to Reality Before entering Law School, Claire Blumenson ’11 joined

her ideas into reality. The Black Male Achievement Fellowship,

Teach for America and taught third and fourth grade at a

established by Echoing Green and Open Society Foundations,

high-performing charter school for boys in Brooklyn, New

is dedicated to improving the life outcomes of black men and

York. That experience made her keenly aware of the children

boys in the U.S. It provides seed funding ($70,000 per partner-

who fell behind, the ones who needed special help to get

ship over 18 months and a health care stipend) to promising

back on track and stay out of trouble.

social entrepreneurs in this field.

At Law School she concentrated her coursework on child

The fellowship has been life changing. It has enabled Claire

advocacy, juvenile justice, and education law. She worked

to co-found and launch a nonprofit legal services organiza-

with the Child Advocacy Clinic and set her focus on the link

tion called School Justice Project, www.schooljusticeproject.

between juvenile justice and access to education.

org, where she and co-founder Sarah Comeau serve as

Following graduation, a two-year Equal Justice Works

co-executive directors. SJP provides no-cost special education

fellowship sponsored by Greenberg Traurig in Washington,

legal representation to D.C. court-involved youth ages 17–22.

D.C., shaped Claire’s idea of the kind of lawyer she’d like to be.

These older students face a number of difficult challenges.

Through the fellowship she worked with the Juvenile Services

Many are sent to long-term detention facilities in far-flung

Program at the Public Defender Service for the District of

states—Arizona, Utah—making it difficult to address their

Columbia, providing post-disposition special education

educational plight. It becomes almost impossible for them

representation for those 18–21 year olds placed in D.C.’s

to get the credits required to graduate from high school. In

secure juvenile facility.

addition, older students receive inadequate special education

To Claire, this older student group experienced unique

facilities and few, if any, options upon their release. Claire

special education issues and had even greater need for legal

works one-on-one with her clients to find out exactly what

recourse. “The courts aren’t set up to help them,” Claire says.

they need, legally and practically. Even after finding the

“Court-appointed special education lawyers are usually for younger students. Those kids are the ones most people think about in traditional special

them where they need to be, and they don’t have one. Often simple, practical things like that can make a real difference. In October SJP was awarded a partnership with Fair

education or juvenile justice reform

Chance, a D.C. nonprofit that assists community-based orga-

movements. There’s nothing warm

nizations in a number of important ways, including strategic

and fuzzy about a 20-year-old man

planning, fundraising, outreach, and communications. Such

in detention who needs legal help.” These students, mostly black males, fall through a gap in the legal

support will enable SJP to build its capacity in D.C., eventually expand into other states, and offer education rights training for students, attorneys, probation officers, and judges. “The past two years have been an unbelievable time in my

system, and Claire

life,” says Claire. “To see firsthand how direct legal work can

has set her sights

change individual lives and also change the system—I knew

on closing it.

all of this theoretically, but it’s an amazing experience to walk

This summer, she won a fellowship that turned

80  UVA Lawyer / FALL 2013

right school, sometimes a Metro card is all it takes to get

with a client into a new school that’s right for him, where he can thrive.”

—Rebecca Barns


Class notes …

James Parker and his wife,

group. He was previously

teaches a seminar on the

foundation is named after

Charlottesville, where she

Katie, had their first daugh-

an associate with Butler

interpretation of statutes

his grandfather, who was a

concentrates her practice

ter, Aubrey Evangeline,

Pappas Weihmuller

and regulations.

pioneer in industrial ecol-

on personal injury and

in December 2012. Soon

Katz Craig.

ogy. Lanier was previously

products liability. She was

after her birth, James

with Sutherland, Asbill and

previously an assistant

moved to a new position

Jennifer Long Ligon has

Brennan, where he worked

commonwealth attorney.

as staff attorney at the U.S.

joined McCandlish Holton

with Atlanta-based non-

Sentencing Commission.

in Richmond, Va., as an

profits, including the Ray

associate in the health

C. Anderson Foundation.

2013

J. Ben Segarra has joined

care group, where she con-

Maynard Cooper & Gale

centrates her practice on

Sean Patrick Murray

as the senior maritime

transactional and regula-

handles felony and

associate in the Mobile,

tory matters for hospitals,

Chris Schoen recently

juvenile cases as a public

Ala., office.

long-term care providers,

joined Wyche as an associate

defender in Montezuma

and physician groups.

in Greenville, S.C., where

County, Colo. “Much of

She also advises clients

he focuses his practice on

the time my clients are

on corporate, employee

litigation. He previously

Navajo, Ute Mountain Ute,

Rishi M. Diwan has joined

benefits, and tax matters.

served as a law clerk to the

and Southern Ute native

Armstrong Teasdale in St.

Thomas M. Coatsworth has

She was previously with

Honorable C. Weston

Americans. It truly feels

Louis, Mo., as an associate

been promoted to counsel

Willkie Farr & Gallagher in

Houck, U.S. District Judge

like I’m fighting apartheid

in the financial and real

with BrownGreer, a claims

New York City. On October

in Charleston.

out here,” he writes.

estate services group. He

administration ser-

13, 2012, she married Chad

vices provider located in

Ligon in Gwynn, Va.

2009

Richmond. He helps lead

practices transactional law

Jonathan Wolfson’s wife, Kendall Wolfson, a Double

2012

with a focus on real estate.

a team that is responsible

Jordan E. McKay has

’Hoo, published her

for complex data analysis

joined MichieHamlett in

first book this fall. Sweet

reporting for a significant

Charlottesville as an as-

Dreams UVA is a rhyming

Christine Ryu and George Naya are pleased to an-

class action settlement.

sociate in the commercial

bedtime book for children

nounce their engagement.

litigation group. He was

based on Margaret Wise

The two met as 1Ls and will

Sarah E. Klapman is an

previously a special as-

Brown’s classic, Goodnight

return to Charlottesville

associate in the litigation

sistant to the U.S. Attorney

Moon (see In Print and

to wed next April. Both

department with Miller

for the Western District of

www.sweetdreamsuva.

currently reside in New

Patrick J. Mulligan has

& Martin in Atlanta, Ga.,

Virginia.

com). The Wolfson family

York City, where Christine is

joined Maynard Cooper &

lives in Richmond, where

an associate in the antitrust

Gale as an associate and

where she concentrates her practice in business

Stephen Murphy

Jonathan is an associate

practice at Linklaters and

member of the labor and

litigation and white-collar

has joined the trusts

with McGuireWoods.

George is an associate in

employment practice

criminal defense. She

and estates group

the global securities group

group in Birmingham, Ala.

was previously a staff

at McGuireWoods in

at Milbank, Tweed, Hadley

attorney with the Federal

Charlottesville. His

Defender Program.

practice focuses on estate

2011

& McCloy.

planning, trust and estate

John A. Lanier is director

administration, real estate,

of the Ray C. Anderson

and business law. He is

Foundation, a not-for-

a lecturer in law at the

profit organization that

Dane M. Dunson has joined

Law School, where he

strives to create a more

Carlton Fields as an associ-

teaches trust and estate

sustainable world through

ate in West Palm Beach,

administration. He is also

the funding of innovative

Fla., where he practices in

an adjunct professor of law

projects that advance

Holly R. Vradenburgh

the business litigation and

at the Washington & Lee

sustainable production

has joined MichieHamlett

trade regulation practice

School of Law, where he

and consumption. The

as an associate in

2010

UVA Lawyer / FALL 2013  81


In Memoriam

Warren M. Ballard ‘36

Margaret Gordon Seiler ‘51

Wright Hugus, Jr. ‘59

Christopher D. Illick ‘64

Richard Chapman Fugate ‘75

Baltimore, Md.

Richmond, Va.

Fairfield, Conn.

Vero Beach, Fla.

Washington, D.C

July 18, 2013

July 6, 2013

June 20, 2013

May 28, 2013

July 10, 2013

John G. Rust ‘40

Nathan M. Weiss ‘52

Donal C. O’Brien, Jr. ‘59

Allen H. Stowe ‘64

Joe Stanley Ritenour ‘76

Toledo, Ohio

New York, N.Y.

New Canaan, Conn.

Vero Beach, Fla.

Leesburg, Va.

April 11, 2013

July 31, 2013

September 8, 2013

August 5, 2013

June 7, 2013

Cynthia S. Newman ‘44

Alton W. Whitehouse, Jr. ‘52

Henry E. Simpson ‘60

Joseph Ontra ‘65

Peter G. Ashman ‘77

Falls Church, Va.

Gates Mills, Ohio

Birmingham, Ala.

Houston, Tex.

Anchorage, Alaska

May 9, 2013

May 18, 2013

July 8, 2013

July 22, 2013

August 5, 2013

Tench P. Owens ‘47

George W. Perry ‘53

John H. Stennis ‘60

Russell P. Robertson, Jr. ‘65

Thomas R. Bartman ‘82

Clinton, S.C.

Chagrin Falls, Ohio

Jackson, Miss.

Lynchburg, Va.

Washington, D.C.

May 20, 2013

August 8, 2013

September 5, 2013

May 17, 2013

May 13, 2013

James M. Swiggart ‘47

R. Bruce MacWhorter ‘56

B. VanDenburg Hall ‘61

M. Brian Moroze ‘68

Barbara Bosma Garlock ‘87

Nashville, Tenn.

Williamsburg, Va.

Vienna, Va.

North Hampton, N.H.

Raleigh, N.C.

April 25, 2013

August 26, 2013

June 13, 2013

July 14, 2013

June 23, 2013

H. Selwyn Smith ‘49

William T. Boland, Jr. ‘57

R. Dennis McArver ‘61

Joell T. Turner ‘68

William W. Means ‘88

Manassas, Va.

New York, N.Y.

Vienna, Va.

Tucson, Ariz.

Tulsa, Okla.

August 24, 2013

September 6, 2013

September 14, 2013

September 12, 2013

December 3, 2012

Thomas H. Beddall, Jr. ‘50

W. Sydnor Settle ‘57

John L. Melnick ‘61

F. Keith Adkinson ‘69

Jack English Hightower ‘92

Paris, Va.

Palm Beach, Fla.

Arlington, Va.

Hartsville, Tenn.

Austin, Tex.

September 3, 2013

April 27, 2013

August 21, 2013

June 19, 2013

August 3, 2013

Edgar A. Jones, Jr. ‘50

Peter K. Leisure ‘58

Thomas Werth

David M. Malone ‘69

Randi Rimerman Serota ‘92

Pacific Palisades, Calif.

New York, N.Y.

Thagard, Jr. ‘61

McLean, Va.

Wynnewood, Pa.

May 10, 2013

September 17, 2013

Birmingham, Ala.

April 19, 2013

September 1, 2013

William T. Sellers ‘50

Edward A. Mearns, Jr. ‘58

Thomas C. Lederman ‘73

Alexander N. Lamme ‘00

Murfreesboro, Tenn.

Shaker Heights, Ohio

David P. L. Berry ‘62

Baltimore, Md.

Ashburn, Va.

July 9, 2013

August 1, 2013

Norfolk, Va.

June 22, 2013

April 11, 2013

Eugene L. Nuckols ‘51

Charles L. Saunders, Jr. ‘58

J. Boyd Page ‘73

Anthony W. Scott ‘06

Pulaski, Va.

Corrales, N. Mex.

Griffith F. Pitcher ‘63

Atlanta, Ga.

Midlothian, Va.

April 19, 2013

August 20, 2013

Smyrna, Ga.

June 17, 2013

March 13, 2013

July 3, 2013

April 22, 2013

April 23, 2013

82  UVA Lawyer / FALL 2013


In Print

NON FICTION Antitrust and Healthcare: A Comprehensive Guide Saralisa Brau ’00, David Marx Jr., and Christine L. White American Health Lawyers Association

This practical guide is filled with useful pointers for minimizing antitrust risk and planning and executing solid business strategies in the health care field. Antitrust and Healthcare draws on the authors’ collective experience in government enforcement, private sector counseling, and litigation. Essential topics covered in the book are: pre-merger notification and transaction planning, antitrust compliance and “sensitivity programs,” the use of emails and other electronic documents, and antitrust safety zones, defenses, and immunities. Antitrust and Healthcare explains how antitrust principles can be applied to a wide variety of entities within the health care industry, from not-for-profit concerns to commercial insurance companies and managed care facilities. Chapter topics include monopolization, premerger notification and transaction planning, and the Robinson Patman Act, among others. Saralisa Brau is a deputy assistant director with the health care division of the Federal Trade Commission’s Bureau of Competition. She leads investigations and litigation that involves alleged violations of the antitrust laws by health care providers and pharmaceutical companies.

Petticoats and Pinstripes: Portraits of Women in Wall Street’s History Sheri J. Caplan ’92 Praeger

Petticoats and Pinstripes presents a fascinating account of women’s contributions to American finance from colonial to modern times, and it is the first book to put those contributions in historical perspective. For a long time, women were virtually shut out of the world of finance. In times of crisis they successfully took on financial roles, but they were dismissed when conditions improved. Caplan describes the financial accomplishments of women in the context of cultural norms, the advancement of women’s rights, and the evolution of women’s status in society and in the workplace. She highlights the accomplishments of key figures in biographical essays featuring Abigail Adams, Maggie L. Walker, Hetty Green, and Abby Joseph Cohen, to name just a few. This thoroughly researched account reveals the pluck of the early “she merchants” who led the way into the male-dominated world of Wall Street. A “who’s who” section briefly explains the significance of a number of women who made important inroads in this field, and another gives a chronology of key

events. “A great read for those interested in business, history, women’s studies, and/or money,” notes Library Journal. Sheri Caplan is a security arbitrator for the Financial Industry Regulatory Authority (FINRA).

The Rise of the Naked Economy: How to Benefit from the Changing Workplace Ryan Coonerty ’01 and Jeremy Neuner Palgrave-Macmillan

How can you achieve personal and professional success in an economy that no longer guarantees lifetime employment? In The Rise of the Naked Economy, Ryan Coonerty and Jeremy Neuner explain how the rise of non-traditional employment demands new strategies, new infrastructure, and a more flexible approach from workers, employers, and their communities. For those who are willing to look at work and the workplace in new ways, there are lots of exciting opportunities. The authors interviewed people, companies, and policymakers who are leading the way along a new path to prosperity. For recent college graduates, employees who have been recently laid off, and for others who just seek new possibilities in the world of work, this book will serve as an optimistic, inspirational, and sometimes downright

UVA Lawyer / FALL 2013  83


In print …

humorous guide. Walter Isaacson, author of the bestselling biography, Steve Jobs, writes, “This provocative and fascinating book is a valuable guide to navigating the changes in the American workforce and economy. Plus, it’s fun to read!” Coonerty is co-founder and chief strategist of NextSpace Coworking + Innovation, which provides physical space and virtual infrastructure for creative collaboration among freelancers, entrepreneurs, and other professionals.

plant-based diet that is half fruits and vegetables, but the evident rewards are clear. Recipes, meal plans, and exercise diagrams are included, as well as swift debunking of common diet myths. Chris Crowley was a litigator and partner with a New York City law firm before he retired to live, as he declares, “more than one life.” See www.youngernextyear.com.

Thinner This Year Chris Crowley ’65 and Jen Sacheck Workman

In his latest book, Chris Crowley, the coauthor of Younger Next Year, clearly explains a weight-loss plan that guides readers to a healthier life. Based on the most up-todate nutritional science, Thinner This Year explains how to eat and how to exercise, with a plan that enables readers to lose up to 25 pounds in the first six months and keep it off. In alternating chapters, Crowley and Jen Sacheck, a nutritionist and exercise physiologist from Tufts University, explain how their program works. Thinner This Year details the ingredients of a healthy diet and the “dead foods” to steer clear of. There is a useful explanation of the role of different fats, the importance of protein, and how excess weight can contribute to harmful inflammation linked to chronic conditions. Find out how and what to eat and how to exercise, from the best aerobic workouts to an excellent collection of 25 whole-body strength exercises the authors call “the sacred 25” that build muscle, protect joints, and improve mobility. Their prescriptions are demanding: vigorous exercise six days a week and a

84  UVA Lawyer / FALL 2013

potentially the one that will create the most new jobs. U.S. securities law currently prohibits crowdfunded equity investments, but the passage of the JOBS Act in 2012 should make this opportunity possible within the next year, Frutkin explains. When savvy business owners can turn their customers into loyal owners and promoters and use social networks to gain market share, they will be able to tap into a larger market than they ever imagined. Jonathan Frutkin is the CEO of Cricca Funding, LLC, a consulting firm that works with locally owned businesses to take advantage of equity crowdfunding.

A Father’s Legacy: The Life of My Father, G. Raye Jones Lydia Jewell Jones XLibris

Equity Crowdfunding: Transforming Customers into Loyal Owners Jonathan Frutkin ’98 Cricca Funding, LLC

Having started a number of successful businesses, Jonathan Frutkin knows a lot about trends and pressures on entrepreneurs and managers, what works and what doesn’t when it comes to staying power. One of the biggest threats to success is undercapitalization. Business owners need a new way to raise money for their companies. Crowdfunding is the effort of individuals to pool some of their money for a common purpose. This book concentrates on equity crowdfunding, in which a number of individuals invest in a business with the hope of future financial return. The businesses likely to benefit most from this new marketing opportunity are those that generate between $1 and $10 million annually—the fastest-growing category and

G. Raye Jones ’82 has written many poems through the years, a number of which his daughter collected for this book. The verses reveal her father’s devotion to his faith, his family, and his friends, which are and have always been the foundation of his life. A verse in one of the poems, “The Preacher,” conveys in just a few lines his dedication to his faith and work: He is a preacher for the King of all Kings All of his possessions are waiting in Heaven He keeps his eyes on the plow, his heart is set He remembers his Father’s Words, “Son, it isn’t sundown yet! G. Raye Jones is an estate and tax planning attorney in Charlottesville and a pastor of Faith Baptist Church. He was raised by his mother, Myrtle Clary Jones,


In print …

in a tenant tobacco farmhouse without plumbing in Rawlings, Virginia. He is a double ’Hoo (B.A. ’79, J.D. ’82) and has an LL.M. in taxation from Marshall Wythe School of Law. Proceeds from the sale of A Father’s Legacy help fund his mission projects, primarily in Kenya. He is currently working on a second book of poetry.

about the history and characteristics of the ingredients, this guide will literally give mixologists fascinating bits for their next cocktail conversation. Jane Kurtz O’Hanlon left her Midwest corporate law practice in 2012 to start her own publishing company, evenSo Press. This is her first book.

The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement Robert J. Meyer ’85, Martin J. Weinstein, and Jeffrey D. Clark Law Journal Press

3 Ingredient Cocktails Jane Kurtz ’92 (J.K. O’Hanlon) evenSo Press

For anyone who ever wondered how to mix the perfect cocktail, or ran out of ideas for new ones, this book is all they will need. The recipes in 3 Ingredient Cocktails include a short and simple list of ingredients and straightforward instructions that will enable anyone to make a great cocktail. The author explains how to stock a home bar without great expense. She includes five cocktails based on each of the main categories of hard liquor: gin, vodka, rum, tequila, and whiskey. Recipes and techniques for mixing and serving a range of classic cocktails, some with a more modern twist, including gin gimlet, the kamikaze, loco coco, brave bull, and the rusty nail are featured. Also included are an intriguing group of “whatnots,” such as port lemonade and the B-52. Illustrated with color photographs throughout, and full of interesting facts

The Foreign Corrupt Practices Act was enforced sporadically for the first two decades, but in recent years the U.S. government has enforced it vigorously, seeking high fines for corporations and jail time for executives. This volume covers all aspects of the FCPA and explains the exacting recordkeeping requirements, the steps for compliance and mitigation of penalties, and other important topics. The book helps readers identify the warning signs of foreign corrupt practices and answers important questions about when American companies and their officers and directors can be held responsible for the practices of non-U.S. subsidiaries. Other key points, including what exactly

constitutes “knowledge” and “corrupt intent,” are dealt with here. In a global economy it’s more difficult all the time for corporations, officers, and directors to know about improper actions that occur far away. The authors, who specialize in FCPA cases, provide invaluable guidance for almost any FCPA-related matter. Robert J. Meyer is a partner with Willkie Farr & Gallagher in Washington, D.C.

Products Liability Depositions Terrance M. Miller ’72 and Robert P. Miller Juris Publishing, Inc.

This revised edition of Products Liability Depositions focuses on how to prepare for and take depositions that will help build a solid case. The book includes sample depositions from past cases that illustrate a range of techniques that can be used to develop useful testimony. Practical, timesaving tips will help readers prepare to take depositions in product liability cases. Products Liability Depositions offers an easy-to-use source of information on legal doctrines that apply to products liability cases. One invaluable section describes the substantive law that applies to products cases from every state in the U.S., allowing a quick check of which affirmative defenses are available to a strict liability claim in each state. This new edition includes a new strategy for form 20B, dealing with the deposition of an expert witness in a case involving a claim of manufacturing defects in roofing materials on a high-rise condominium project. Terrance Miller, a partner with Porter, Wright, Morris & Arthur in Columbus, Ohio, has 35 years’ experience in trial and appellate practice involving products liability cases.

UVA Lawyer / FALL 2013  85


In print …

Spanish-English Dictionary of Law and Business Thomas L. West III ’90 Intermark Language Publications

Springboard: Launching Your Personal Search for Success G. Richard Shell ’81 Penguin

Many of us fall into the work we do, the life we live, without a plan or a clear set of goals. If you could follow your dream, do you know what it would be? If the idea of figuring that out intrigues you, Springboard: Launching Your Personal Search for Success will help you understand how family, friends, and culture have influenced how you judge success. Then you will be able to pay attention to what really matters to you, not what you think you should want. Shell draws on decades of research and mentoring experience to give compelling examples of people who changed directions or careers to do the things they find most rewarding (a former student of Shell’s left a business career to work with inner-city high school students; a well-off son of a CEO found fulfillment as a policeman fighting drug lords). The author offers a wealth of insights on happiness, self-confidence, relationships, and careers that can help readers, at any stage, be their own judge of success and live life on their own terms. G. Richard Shell is the Thomas Gerrity Professor of Legal Studies, Business Ethics, and Management at the Wharton School of Business. He teaches a course on the meaning of success that was the basis for writing this book.

86  UVA Lawyer / FALL 2013

The second edition of Spanish-English Dictionary of Law and Business is a revised and greatly expanded edition of the first. It provides a handy reference to thousands of terms and phrases used in law and business. No other Spanish-English Dictionary includes complete coverage of legal terminology used in all 20 Spanish-speaking countries. It is the only source for translations of terms that are unique to countries such as Colombia, Peru, and Venezuela. Many entries include not only a definition but also information on the country of use, the area of law, and even references to specific articles of law. The author includes detailed distinctions in defining words that other dictionaries might view as more generic. (The entry for deuda (debt), for example, includes 51 specific kinds of debt.) Since terms are not always consistent from one Spanishspeaking country to another, synonyms are often included with country of origin. Carefully compiled over the past 18 years, this dictionary includes terms that are important in understanding new laws in many Spanishspeaking jurisdictions. The Spanish-English Dictionary of Law and Business is an essential reference work for all Spanish to English translators who specialize in legal, business, and financial text. Thomas West is founder and president of Intermark Language Services, a legal and financial translation services company based in Chattanooga, Tenn.

FICTION The Forgotten David Baldacci ’86 Grand Central Publishing

John Puller, the hero introduced in Zero Day, is a U.S. Army Ranger, combat veteran, and patriot. In short, he is a force to be reckoned with. On a break from his assignment as an agent of the Army’s Criminal Investigation Division, he takes a trip for some R&R to see his aunt in Paradise, Florida. He arrives to find her dead. The police label her death an accidental drowning, but Puller suspects it was murder; his aunt had written him a letter recently with references to strange things going on at night, saying things weren’t at all what they seemed. Paradise, with its white sand beaches and manicured estates, at first glance appears to be aptly named, but it also holds something sinister, as Puller discovers. A wealthy man named Peter Lampert runs a global kidnapping operation from his oceanfront mansion. The enslaved women are forced into prostitution and the men deal drugs or become laborers. Lampert threatens all of them that if they try to escape their families back home will be killed. They have no doubt that he would do it. When Lampert feels threatened by Puller’s investigation, he unleashes his private army to eliminate him. Among Puller’s unlikely allies are Julie Carson, a brigadier general who can hold her own in a life-ordeath fight, and Mecho, an escaped slave


In print …

intent on revenge. In the midst of all the danger, two characters reveal surprising things about themselves. David Baldacci and his wife, Michelle, have started the Wish You Well Foundation to promote literacy. Visit his Web site at www.DavidBaldacci.com.

The Hit David Baldacci ’86 Grand Central Publishing

Jessica Reel, one of the most skilled assassins working for the U.S. government, has gone rogue, and she’s training her lethal skills on her former colleagues in the agency. She has to be stopped, and the order goes out to bring her in dead or alive. Will Robie, the agent who has a reputation for outsmarting and outmaneuvering even the most dangerous enemies of the government, is put on the case. “Only a killer can catch another killer,” he’s told. As he goes after Reel, he finds out that there are complicated reasons underlying her rogue actions, and he’s determined to understand her motives. There’s a conspiracy out there, he discovers, that threatens international relations in a way nothing ever has before. In a race to figure all of it out, Robie encounters double-crosses, firebombs, booby traps and ambushes. The challenge before him will push him to the limit in ways he never imagined. “What makes The Hit live up to its title is the payoff at the novel’s end,” says The Washington Post. “By then, Baldacci has planted an emotional hook that remains long after readers have turned the last page.”

Death Angel Linda Fairstein ’72 Dutton

Master of urban intrigue Linda Fairstein sets her latest thriller in New York’s Central Park. After the body of a girl is found in the lake below the Bethesda Terrace and beneath the gaze of the winged statue of an angel, Assistant District Attorney Alex Cooper and detective Mike Chapman hunt for clues to the killer.

They comb the woods, footpaths, dark caves and lookouts in the park seeking traces of the crime. They crisscross the Ramble, the Ravine, and peer inside the attic of the infamous Dakota building that looms over the park, looking for some trace of the crime. Then they learn that a man with a tattoo that reads “Kill Coop” has been harassing women in the park. Cooper’s past casework could be the cause of his threatening presence. When a second woman is attacked, the investigation heats up in a race to find the killer. Through the eyes of her intrepid characters, Fairstein explores Central Park, both urban sanctuary and murder scene, and delivers fascinating and little-known details about the park’s hidden corners and its history. “Death Angel is a real page-turner that not only illustrated Linda Fairstein’s absolute command of her subject matter but also her undeniable prowess as a

storyteller,” notes a review in the Hartford Books Examiner. The author is a legal expert on crimes involving sexual assault and domestic violence, having served for two decades as chief of the sex crimes unit for the Manhattan District Attorney’s office.

Buddy M.A. Herlong ’84 Viking

Buddy is the story of a boy, a dog, and Hurricane Katrina. Tyrone Elijah Roberts, or Lil’T to those who know him, lives in New Orleans. He says he wanted a dog ever since the day after he was born, but his father always had a practical reason why he couldn’t. On the way to church one morning, the family car hit a dog that lost its leg from the injury. Lil’T made a plan for how he could keep his three-legged dog, named Buddy. But then Hurricane Katrina heads for New Orleans and everyone has to leave the city. There’s not enough room for Buddy in the car, and Lil’T’s father says Buddy will be okay in the house for the two days they will be away. In the wake of the storm’s fury, those two days turn into nine months. The awful flooding and destruction took a terrible toll on the city and the people who called it home. Lil’T finds Buddy, but he’ll have to make a difficult decision that was never part of his plan at all. In the New York Times Book Supplement, John Grogan, author of Marley and Me, wrote, “What makes Buddy memorable is not just the tale of a boy’s fierce love for his dog, but its harrowing portrayal of one of this nation’s most traumatic natural disasters. From start to finish, Buddy is a testament to the

UVA Lawyer / FALL 2013  87


In print …

human capacity to endure, to find hope in the sodden ruins of destroyed lives.” Madaline Herlong lives in New Orleans. This story came out of her experience as a New Orleanian when Hurricane Katrina destroyed much of the city. This is her second novel.

The author reveals the subtle and sometimes not-so-subtle ways that discrimination still plays out in American corporate culture. The Partner Track deals with a compelling question: How can a smart, hardworking Asian-American woman find her way to a successful career while remaining true to herself? Helen Wan is associate general counsel at Time Inc. in New York City. This is her first novel.

The Unreconciled Eric Young ’96 Ambassador International

This breathtaking political thriller explores the idea of a Christian holocaust on American soil. Readers hold on for a whirlwind ride through time: It’s 2084, after the Christian holocaust has taken place. The Caliph reigns over America, English is a dead language, and Christianity has been eliminated. A surviving Catholic Cardinal hires an archeologist named Denisa Graceon to track down a Christian relic that somehow survived. Her search begins at the University of Virginia, where Thomas Jefferson’s dream of freedom and democracy has turned into a nightmare of oppression.

The Partner Track Helen Wan ’98 St. Martin’s Press

Sweet Dreams UVA Ingrid Yung is on the verge of being made partner with Parsons Valentine & Hunt, a prestigious law firm in New York City. As a Chinese-American woman and child of immigrant parents, she’s living the American Dream. She has done everything right, it appears, to get there—long hours, talking with the right people in the corporate dining room, earning her place without help from the cigar and Scotchfueled old-boy network that exists behind closed doors. She is, in fact, shown in the firm’s recruiting brochure as a shining example of diversity. At Parsons Valentine’s summer outing, an offensive performance threatens to tarnish the image of the firm, and Ingrid is forced to lead a diversity initiative to improve public relations. The work takes her focus away from an important deal that was to clinch her being named partner, and as her dream of success recedes, she finds herself in the midst of a clash of race, class, and sexual politics.

88  UVA Lawyer / FALL 2013

Kendall Wolfson Mascot Books

This charming bedtime book based on Margaret Wise Brown’s classic, Goodnight Moon, takes little future ’Hoos and their parents on a bedtime tour around the Grounds of the University of Virginia with CavMan and Marquis the Mouse. The amusing rhymes and fun characters eventually lead them to a Lawn Room—just in time to fall asleep. The crisp, original full-color illustrations bring Mr. Jefferson’s University to life, and little ones will soon become familiar with the best-known and most beloved landmarks on campus—the Lawn, the Rotunda, and the Law School. Parents and ’Hoos of all ages will feel the tug of the familiar with the turn of every page. Kendall Wolfson, a double ’Hoo, and her husband, Jonathan Wolfson ’10, share familiarity with the rich traditions of UVA. This is Kendall’s first book.

Graceon makes her way deep into the Appalachian wilderness of Southwest Virginia, where she discovers the last American Christians, “the Unreconciled.” They live a rugged life out of sight of the Caliph, who is sure to annihilate them if he discovers where they are. Graceon, whose exposure to these Christians and their beliefs has had a profound effect on her, is born again. She falls in love with the guardian of the very relic she was entrusted to find, and realizes that she may be the only one who can save the Unreconciled. Eric Young lives with his family in rural Virginia.


Letter to the editor

Dear Editor:

T

he article “Reimagining UVA” in the Spring 2013 issue began with the observation that Thomas Jefferson “created a model for secular public higher education that has become the envy of the world,’’ and ended with unresolved questions about the type of “imagination and courage” it will take to “re-launch UVA on the eve of its bicentennial in 2019.” Is UVA still the “envy of the world?” Will it be tomorrow or in ten years? Is the “public” aspect still important? What do recent developments suggest? UVA was born from the fundamental belief that outstanding, accessible public education benefits society as a whole. For many, many years, the University has worked hard to be both outstanding and accessible. In 2012, the Board of Visitors received reports indicating problems with core student competency in key areas. The BOV also noticed that UVA was falling behind peer institutions in basic technologies such as online learning programs. This prompted a stepped-up effort to develop a strategic plan to enable the University to deliver academic excellence in a rapidly changing technological world. That effort should be applauded, but the strategic plan has yet to be delivered. In the meantime, the BOV and President Teresa Sullivan recently announced that the Access-UVA financial assistance program is undergoing significant changes that will have a profound and immediate negative impact on the ability of the poorest potential students to enroll. So while much has been written and said about matters of faculty pay, communication procedures, academic performance, and—of course—last year’s drama between the BOV and President Sullivan, an entirely regressive reform to save money was rammed through with a truncated cost/benefit analysis and very little public debate. Is this UVA’s first step in the “re-launch?” Is this “reimagining?” Former Rector Helen Dragas, one of two BOV members who voted against the change to Access-UVA, expressed concerns because it will undoubtedly make the burden of attending too great for the poorest potential students, in contravention of Thomas Jefferson’s vision for a great public institution. It was a mistake to enact the Access-UVA change isolated from the anticipated strategic plan that is in development. Instead, the University needs to devise, announce and implement a comprehensive, forward-thinking strategic plan that will ensure both academic excellence and the widest possible public access. Anything less threatens the long term health of our beloved institution and the public it serves. Very truly yours, Kevin E. Martingayle ’91

UVA Lawyer / FALL 2013  89


Opinion

Rethinking Success at Law Schools By G. Richard Shell ‘81

s a Wharton faculty member with a UVA Law degree, the business of legal education is a fascinating study. The financial meltdown and recession changed entry-level hiring practices. Demand at the high end of the market remains strong, but legal employers in general have right-sized and are not expected to expand hiring anytime soon. The Wall Street Journal reported in 2012 that roughly half of recent law school graduates now take jobs that do not require law degrees. Applications to law school are down. Lower-tier schools are scrambling to avoid a coming “shakeout.” The third year is once again under threat. Most fundamentally, the economics of the modern legal education model—which assumes on-the-job training in the nuts and bolts of legal practice and clients willing to subsidize it by paying high fees for inexperienced associates—is crumbling. In response, some top schools are experimenting with new value propositions. Virginia has an impressive Law & Business Program. At Penn, law students are taking classes in business school subjects such as leadership, marketing, and management. Penn Law has also partnered with the Wharton School of Business to create an intensive, accelerated JD/MBA that gets students out the door with both law and business degrees in three years. In short, law schools are increasingly asking students to think about futures with JDs, not simply as JDs. But as law schools transform themselves into places where smart people can go to learn “Law and ____ (fill in the blank with your favorite non-legal career),” they also need to help their students rethink what it means to have a “successful” career. In the good old days, law schools produced lawyers and success was measured in clerkships, law firm partners, corporate general counsel, judges, and U.S. Attorneys. With law schools now trumpeting the generalized value of legal training for many diverse careers, they are in a position to help both students and alumni think creatively about what a meaningful career actually looks like these days. Law school graduates of the future (and even a fair number right now) can expect to transition through two or even three distinct occupations during their working lives. If law schools are to help students “begin with the end in mind” (in Stephen Covey’s famous phrase), they have some work to do. At Wharton, as part of a redesign of the MBA program, we have launched several career initiatives that might be transferable to law

90  UVA Lawyer / FALL 2013

schools. First, we offer one-on-one leadership effectiveness coaching to every MBA—with a personalized coaching relationship that includes multiple sessions over two years. Second, we recently established what students call the “P3” initiative: Purpose, Passion, and Principles. It is a collaboration between the coaching program and the career management office under which MBA students gather for eight consecutive weeks in small groups to work through a set of exercises and readings that challenge them to examine their longterm goals by creating their own definitions of the word “success.” This exercise forces them to see their futures not as their first job but as combinations of priorities related to family, career, happiness, and meaningful work. Facilitated by other students who have previously gone through the program, the participants engage in honest dialogue to help one another envision their futures by talking about their pasts, their passions, and their values. More and more lawyers are being compelled to chart their careers from an “inside” perspective of talents, aptitudes, and values rather than the traditional, status-based, I-am-a-lawyer foundation. I believe law schools can provide significant value by showing students not just how to “think like a lawyer,” but also how to “think like an entrepreneur” about managing their futures. If the seeds are planted early, students may visualize life goals that go far beyond images of corner offices and courtrooms. As alumni, we know that the conceptual rigors of legal training prepared us to excel as leaders in fields that have little or no relationship to law. Let’s share this secret with the current generation of students and encourage law schools to promote personal and professional growth in their educational programs. For the leading law schools, and perhaps especially for Virginia students, that is the lifetime value proposition. G. Richard Shell is the Thomas Gerrity Professor of Legal Studies, Business Ethics, and Management at the Wharton School of Business. He is the creator of Wharton’s popular “Success Course” and his latest book (based on that course) is Springboard: Launching Your Personal Search for Success (Penguin/Portfolio 2013). (See In Print.) An expert on negotiation and influence, he recently led the school-wide effort to redesign the Wharton MBA program and curriculum.


Find us Here:

law.virginia.edu/linkedin

twitter.com/UVALaw

law.virginia.edu/facebook

youtube.com/UVALawSchool

Printed on recycled paper


University of Virginia

Nonprofit Organization US Postage

Law School Foundation

PAID

580 Massie Road Charlottesville, Virginia 22903 www.law.virginia.edu/alumni

Permit No. 248 Charlottesville, VA


UVA Lawyer Fall 2013