UVA Lawyer Spring 2014

THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW

SPRING 2014

The Eastern and South-eastern breezes come on generally in the afternoon. They have advanced into the country very sensibly within the memory of people now living. They formerly did not penetrate far above Williamsburgh. They are now frequent at Richmond, and every now and then reach the mountains. They deposit most of their moisture however before they get that far.

As the lands become more cleared, it is probable they will extend still further westward. —THOMAS JEFFERSON

UPCOMING ALUMNI EVENTS June 4

Washington, D.C. Luncheon

October 1

Mayflower Hotel June 12

Richmond Reception

Art Institute of Chicago October 8

Virginia Historical Society June 14

Virginia State Bar Breakfast,

Chicago Alumni Reception

Nashville Reception Offices of Bass, Berry & Sims

October 16

Virginia Beach

New York City Reception Terrace Club

Sheraton Oceanfront Hotel October 17 June 26

Florida State Bar Reception, Orlando

Philadelphia Luncheon Four Seasons Hotel

Gaylord Palms Resort and Convention Center

October 29

Houston Reception Four Seasons Hotel

August 22

Reception in conjunction with the Lavender Law Conference, NYC

October 30

Location TBD September 9

Charlottesville Reception

Belo Mansion December 3

Keswick Hall September 18

Dallas Luncheon

Boston Alumni Reception Omni Parker House

FOR LATEST ON ALUMNI EVENTS: www.law.virginia.edu/alumni

Washington, D.C. Holiday Reception Metropolitan Club

FROM THE DEAN PAUL G. MAHONEY …

Policy Implications of Climate Science

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ere you to poll my faculty colleagues about the policy implications of climate science, you would not surprisingly find diverse views. Projecting into the future is a complex and uncertain undertaking, making it difficult to assess the costs and risks of action or inaction.

Making sense of imperfect and incomplete data is a constant challenge. But while academic researchers can wait to draw conclusions until we have adequate evidence, lawyers and clients do not have that luxury. They must anticipate and adapt to evolving regulations and even shape industry standards. Inside this edition of the UVA Lawyer, we hear from Bob Wyman ’80, who leads his firm’s response to the growing demand for advice on climate issues; Brad Keithley ’76, an energy consultant familiar with state and federal governments’ environmental initiatives; and Glenn Brace ’86, the claims director for a global specialty insurer that has formed an in-house climate study group.

Several members of our faculty also have a great deal of experience and learning in this area. We conducted a roundtable discussion featuring three of our environmental law experts, Jon Cannon, Jason Johnston, and Michael Livermore. Each approaches the policy debate from a different perspective. Jon is a former general counsel of the EPA and has a wealth of institutional knowledge and a keen understanding of the promise and limitations of the regulatory process. Jason uses his considerable quantitative skills to dig deeply into the scientific literature on which policymakers rely and argues that regulators should be more willing to acknowledge the gaps in their knowledge. Michael is a leading theorist of the use of cost-benefit analysis in agency rulemaking and insists that policy proposals be evaluated against plausible alternatives rather than an ideal but unobtainable optimum. I hope you find their discussion of how to improve regulatory policy illuminating.

I had the pleasure of attending the Virginia Law Review’s centennial banquet this spring. Justice Antonin Scalia, a former member of our faculty who has published with the Law Review, came to Charlottesville to speak at the event. A centennial is an occasion to take stock of the past and plan for the future. The Law Review has a proud history, some of it recounted in these pages, and will remain an important part of our intellectual life. The editors and alumni of the Law Review celebrated by raising over $1 million that will put the organization on firm financial footing for the foreseeable future.

I wish all our friends and alumni a colorful spring and enjoyable summer and I look forward to seeing you in the course of my travels.

Sen. Sheldon Whitehouse ‘82, D-R.I., a member of the Senate Committee on Environment, leaves the chamber as Democratic senators finish an allnighter, working in shifts into the early morning on March 11, 2014, to warn of the devastation from climate change and the danger of inaction, at the Capitol in Washington.

DEPARTMENTS 1

FROM THE DEAN

Policy Implications of Climate Science 5

LAW SCHOOL NEWS 35

FACULTY NEWS & BRIEFS 43

CLASS NOTES 64

IN MEMORIAM 65

IN PRINT 69

OPINION

On the Heads of Women

FEATURE STORIES 16

BEYOND POLICY: HOW CLIMATE SCIENCE IS CHANGING LAW AND BUSINESS

AP PHOTO/J. SCOTT APPLEWHITE

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SCIENCE & POLICY ROUNDTABLE SPRING 2014 VOL. 38, NO. 1 | EDITOR CULLEN COUCH ASSOCIATE EDITOR DENISE FORSTER CONTRIBUTING WRITER REBECCA BARNS DESIGN ROSEBERRIES PHOTOGRAPHY TOM COGILL, WARREN CRAGHEAD, ERIC WILLIAMSON, MARY WOOD

National Wildlife Federation worker Emily Guidry examines oil on reeds along the Louisiana coast at the Mississippi River delta south of Venice, La. Thursday, May 20, 2010. One month after the Deepwater Horizon oil rig explosion, oil continued to leak into the Gulf of Mexico and washed onto Louisiana coastline.

LAW SCHOOL NEWS

ALTERNATE DISPUTE RESOLUTION | Mary Wood

Sept. 11, BP Oil Spill Fund-Master: Compensation Fills Need in Wake of Mass Catastrophes

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AP PHOTO/CHARLIE RIEDEL

s one of the nation’s leading experts in alternative dispute resolution and administrator for funds for victims of the Sept. 11 terrorist attacks, the BP oil spill, and the Boston marathon bombings, among others, Kenneth Feinberg has helped decide who gets billions in compensation. But perhaps the most challenging part of his role is handling the fragile emotions of victims and their families, Feinberg said in a talk at the Law School.

“What I do, as you guys know, is not rocket science,” he said. “It doesn’t require a special expertise, it really doesn’t. You better brace yourself emotionally and you better think about ‘rough justice.’”

Feinberg, who was in town to receive the 2014 Thomas Jefferson Foundation Medal in Law, delivered a speech on “Unconventional Responses to Unique Catastrophes” to mark the occasion. Sponsored jointly by UVA and the Thomas Jefferson Foundation, the medals are awarded each year to recognize the achievements of those who embrace endeavors in which Jefferson excelled and held in high regard, including law, architecture, and leadership.

As the special master of the federal Sept. 11 Victim Compensation Fund of 2001, Feinberg worked pro bono to evaluate 7,400 claims and paid out $7 billion in awards.

He has also served as fund administrator for the Hokie Spirit Memorial Fund, which

gave out $8 million to victims of the 2007 Virginia Tech shootings, and he advised the Newtown-Sandy Hook Community Foundation, which distributed $7.7 million to victims of the December 2012 elementary school shooting in Connecticut.

“His role frequently requires assigning a dollar value to human life, but his compassion, fairness, and willingness to listen make that process not actuarial, but humane,” said Dean Paul G. Mahoney during his introduction.

In his talk, Feinberg described the two kinds of funds he has managed.

Government-sanctioned funds, like those set up in the wake of Sept. 11 attacks

or BP’s Deepwater Horizon oil spill in the Gulf of Mexico in 2010, serve as alternatives to the tort system and have two purposes: both to help victims of the disasters and to avert a flood of potential lawsuits that would tie up the courts for years.

Charitable funds created through donations, like the $60 million One Fund to help victims of the Boston marathon bombing, are concerned only with helping victims, and typically place no restrictions on payment recipients to prevent lawsuits.

Feinberg said how he managed the funds depended on several factors, including the amount of money he has to distribute (with Sept. 11, he had a blank check), determining who is eligible, and what proof is required to show a claim for funds is valid. Among the 1.2 million claims in the case of BP, 200 came from Virginia.

“You build it, they will come. I didn’t know the oil got up this far,” he said, adding that only a few such claims were

Kenneth Feinberg delivers “Unconventional Responses to Unique Catastrophes” to mark being named the 2014 Thomas Jefferson Foundation Medal in Law recipient.

UVA LAWYER / SPRING 2014 5

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deemed valid in the end. “The integrity of “The aspect of these programs that’s the the programs require[s] proof, otherwise most problematic, whether it’s an alternative $20 billion in the gulf, it might as well be to tort or not, is the emotional part of dealing $200 billion, [it] wouldn’t be enough.” with individual claimants,” he said.

For funds designed in part to foreBeing administrator of such funds stall lawsuits, Feinberg said he hewed to also requires answering tough questions principles set up by the tort system, such about why some—such as victims of the as compensating victims Oklahoma terrorist bombbased on their economic “They want to ing—were ineligible for losses, whereas with compensation.

Despite vent, they want to charitable funds donated these concerns, Feinberg explain, they want by the public, and not set concluded that the Sept. 11 to commiserate, they up by policymakers or a fund was fair. want empathy, they company, “you have much “I will defend that fund more flexibility.” as sound public policy to want understanding.

Feinberg said people my dying day,” he said.

They want certainty.” who are compensated by “But don’t ever do it again.” charitable funds typically The American people choose not to sue, even though they have “wanted to demonstrate their empathy and not signed a release promising as much. collective community with the victims.”

“Why don’t people take that money, hire And they did, with an average payout a lawyer and litigate?” he asked. One reason, of $2 million per death claim. “I think it is he later surmised, was that the process of rethe right thing to do, but it is a very, very ceiving the funds allowed victims to tell their close question. story to the fund administrator, or talk about “The 9/11 fund is better studied in a hisloved ones who have died. “And they can’t get tory class rather than in a law school class,” that in the legal system.” he said. Such funds “are aberrations, they are When he was working on the Sept. 11 exceptions to the general way we resolve disfund, his office was filled with memorabilia— putes or tragedies in this country. One should ribbons, videos, and audio of loved ones not view what I do as the wave of the future.” who died.

Feinberg praised the tort system for “They want to vent, they want to exbeing able to handle claims outside of plain, they want to commiserate, they want such extraordinary tragedies. He said he empathy, they want understanding. They suspected funds for catastrophes were set want certainty. And you do, that’s part of it. up because the Supreme Court is increas“My law degree in most of these proingly frowning upon class-action lawsuits, grams is a wash—doesn’t help—a divinity causing policymakers to think outside of degree would help, or a degree in psycholthe box. ogy would help. You’re dealing with very “I think the tort system works pretty vulnerable people. And when you take on well in this country,” he said. “I don’t think these assignments, brace yourself. … You the tort system works well when it comes to will never, ever hear a claimant come to me mass catastrophe. I think the system is illand say thank you, or show appreciation, or equipped to deal with aggregative claims.” gratitude, nor do you expect it.”

Feinberg, who has taught as an adjunct Feinberg recalled a mother of two young professor at UVA Law in the past, also children whose firefighter husband died on praised the “fabulous students here at UVA” Sept. 11. At her first hearing, she demanded and said he hoped to return to teach in payment from the fund within 30 days bethe future. cause she herself only had weeks to live due to a terminal cancer diagnosis.

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ROAD TO 100 | Eric Williamson

Virginia Law Review’s Early History Had Its Uncertainties

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ith the Virginia Law Review Centennial Symposium held in March, the law review capped off a year of celebratory events in honor of the publication’s 100th anniversary. And while the review enjoys an enduring reputation for publishing top legal scholarship, early editorial doubts, nearly insurmountable debt, and criticisms about the value of law reviews created uncertainties during the review’s early history.

Planning for the review began with an informal meeting of 10 students and four faculty members on March 5, 1913.

In attendance was a powerful advocate, William Minor Lile, who was the Law School’s first dean, founder of the state legal journal the Virginia Law Register, and an enthusiastic supporter of law reviews in general.

On April 23, an editorial board was elected and an incorporated Virginia Law Review Association endeavored to publish its first issue, which appeared that October.

Concerns Over the First Issue In the foreword to the first issue, the editorial board acknowledged the relative inexperience involved in the student-run effort.

“The editorial work is entirely in the hands of … students, not one of whom has had previous experience with work of this character,” the editors write. “It is hoped that the crudities of this first effort in the line of published comment on the work of the courts may be less glaring in the future numbers when the editors have become more experienced.”

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But the first article, “The Jurisprudence of Latin America,” was far from crude.

Authored by Hannis Taylor, an attorney and constitutional history scholar who also served as U.S. minister to Madrid, the piece helped set the ambitious tone of the issue.

Aside from the glimpse into Latin America, however, the issue’s focus was primarily on domestic lawyering. Other contributions included a look at inheritance laws by UVA professor Raleigh C. Minor, who would go on to become acting dean of the Law School and a frequent contributor to the review, as well as articles on the exercise of federal power and recent court decisions.

Ronald J. Fisher, a current third-year student and the 2013–14 articles editor for the review, writes in the foreword to the first issue of the review’s 100th volume, released in March, that editorial focus was

most likely another area of concern for the original editors.

“The Law Review’s national focus may have been a matter of some initial internal debate—this was, after all the Virginia Law Review, published by the students of the University of Virginia,” Fisher writes.

Despite any early jitters or debate, though, the review enjoyed a warm reception, with the editors of the second volume stating in their foreword that they had no regrets about the ambitious scope established by the review’s progenitors. The editorial board thanked the bar for the “kind encouragement received from lawyers in every part of the country [which] led the board to believe that no mistake was made in not confining the work to the local law of Virginia.”

William Minor Lile, the first dean of the Law School, was an enthusiastic backer of the Virginia Law Review and attended its first planning meeting; later he helped rescue it from debt.

Dean Lile Sends Out an S.O.S. With the determined efforts of each successive board, the review built its reputation as a publication of merit. But the journal was barely into its teenage years when a financial setback threatened its future.

In 1927 the review was $1,000 in debt and in danger of being shuttered when Dean Lile and Professor Armistead Mason Dobie, who would become Lile’s successor and, later, a federal judicial appointee of President Franklin Delano Roosevelt, stepped up with a promise to guarantee the review’s publishing costs.

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country—law reviews in general have had their detractors over the past 100 years.

In fact, Virginia published some of the earliest criticism.

Goodbye to Law Reviews?

The first article published by the Virginia Law Review, “The Jurisprudence of Latin America.”

They delivered on the promise with the help of some influential friends.

Lile’s diary entry on December 23, 1927, notes that he had “sent out an S.O.S. call to a few of the prominent alumni of the Law School … The returns to date aggregate approximately $1,000.00, with several centers yet to be heard from.”

Lile later writes, “The Review is one of the best assets the Law School possesses, giving the Law School a prestige which cannot be measured in shillings or pence.”

A Reputation to Uphold By its 25th anniversary, the review had solidly established its financial footing and its reputation as a prestige national journal.

Leslie H. Buckler, a professor who taught at the Law School for more than 20 years and who is credited with the inscription above Clay Hall, penned a congratulatory foreword to honor the quarter-century anniversary. In the article, Buckler extolled the review’s tradition of excellence and its positive reflection upon the school. But with Buckler’s comments also came a reminder of the responsibility borne by the students who work on the review.

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In 1936, the review published “Goodbye to Law Reviews” by Fred Rodell, the late Yale University law professor who became famous for his scathing critiques of the legal profession. In the piece, Rodell writes, “There are two things wrong with almost all legal writing. One is its style. The other is its content. That, I think, about covers “[F]or the cream of the student body the ground.” which rises through the selective processes Sarah Buckley, who served as editor-inof law review competition may be taken chief for the centennial year, said cynicism as a fair gauge of the general quality of the about the relevance of law reviews, now or milk which first went into in the past, doesn’t apply to the pail,” Buckler writes.

“The content, readership, reviews that adapt to the “Here, then, the Faculty … needs of their changing and in some ways the must acknowledge that an audiences. She said the purpose of law reviews important contribution to Virginia Law Review will has changed in the last the reputation it enjoys for continue to thrive.

100 years.” sound educational accom“There’s no doubt that plishment has been made the content, readership, by the standards maintained in the Review, and in some ways the purpose of law reviews and that any decline of quality in that suchas changed in the last 100 years and VLR, cession of student contributions would very like many of our peer journals, is working quickly reflect upon the reputation of the to adapt to an increasingly open and online school. And justly so.” world,” Buckley said. “I am confident that Because of its reputation, the review has our successors will adapt to the changing enjoyed a close relationship with a number marketplace for legal scholarship and will of influential figures in the legal world, continue to make VLR a great success.” including U.S. Supreme Court justices and The review, which is financially and orgafederal judges. The review’s archives reflect nizationally independent of the Law School, these relationships—with correspondence met a $1 million fundraising goal this year on or concerning everyone from thenas the result of its Centennial Campaign, Justice Felix Frankfurter (serving from which was conducted with the help of the 1939–62) to future Justice Antonin Scalia Law School Foundation. The endowment is (1986–present). (Additional archival mateexpected to ensure the review’s operations rial can be found online at the UVA Law for many years to come—which makes the Library’s Special Collections site, and more review’s future much more certain than in material is expected to be added this year.) the early days, when being $1,000 in debt But while the Virginia Law Review could have meant the last word. has enjoyed success—consistently being listed among the highest ranked and For more in the series honoring the VLR’s most frequently cited law journals in the 100th anniversary, see http://bit.ly/vlr100.

LAW SCHOOL NEWS …

DEAL OR NO DEAL | Eric Williamson

Students discuss a recent negotiation session.

Course Simulates High-Stakes International Business Negotiation

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tudents at two universities negotiated a mock business deal this semester as part of a course offering a new, hands-on approach to learning.

In the scenario, the 15 UVA Law students in International Business Negotiation represented a U.S. pharmaceutical company negotiating a deal with an African agricultural production company, represented by 20 Northwestern law students, in order to obtain a key drug ingredient. The fictional stakes were high: a joint venture, a licensing agreement, a long-term supply contract—or no deal at all.

“The highs of successfully negotiating an issue that both sides had been fighting over for weeks balanced out the lows of seeing a negotiating strategy fall apart over seemingly insignificant issues,” said Jeff Wittman, a

International Business Negotiation adds to the growing list of courses in the John W. Glynn, Jr. Law & Business Program, including the Transactional Law Clinic, that first-year who led some of the negotiations. emphasize practical experience.

“Working closely with the class to achieve a On the last day of class, Martin projected common goal all semester made the whole a slide with negotiating tactics such as “good experience feel like the outcome was real.” cop/bad cop,” “bluffing” and “one more Though the students thing” written on it, while didn’t officially ink a Sometimes saying less, his students engaged in deal during the class, the spirited conversation about or nothing at all, during two parties reached an the final bargaining sesa negotiation can be agreement on terms, said sion. The live negotiations an effective tactic, at first-time instructor Ned took the form of someother times a forthright Martin, who has four times friendly, sometimes decades of experience in tense, videoconference approach can be useful domestic and international calls held on five Saturdays over a coy one. business negotiations, and during the semester. who was most recently a “Could we have been partner at DLA Piper. more direct?” one student asked during the “The deal was to the stage where it class. “We could have just said, ‘This is what was appropriate to sign a letter of intent,” the deal’s about and this is where you stand Martin said. to gain.’”

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Martin gave the students room to draw law and had been considering a career as a their own conclusions before adding his litigator. Now, his focus has changed. own. He agreed that though sometimes “The class has given me the foundasaying less, or nothing at all, during a netion to be comfortable discussing complex gotiation can be an effective tactic, at other transactional agreements, and the confitimes a forthright approach can be useful dence to negotiate over difficult corporate over a coy one. He added that a good deal concepts,” he said. “I will rely heavily on my can go bad if a party doesn’t have enough experiences from the class, as I now intend time to consider an offer. to pursue a career in transactional law.”

“People do not handle well an issue or The students said Martin was an engaganalysis presented to them for instant reing professor who shared anecdotes from his sponse,” Martin said. “If you have to answer own experience and remained actively inas you take the information in, the answer volved in their learning, even outside of class. will always be ‘no.’”

“When a team was “You never want to find During the course, all working on documents or students took turns acting preparing to lead a negothat the counterparty as lead adviser in drafttiation, Professor Martin is more prepared than ing communications and would be in touch with the you are, because that chairing discussions. They team up to 10 or 20 times a can result in losing also kept diaries of their day by email, and in touch impressions of the process, with the class five or more the counterparty’s strategy, and the progress times a day,” Gilleland said. goodwill and respect, of the negotiations.

“He was actively workin you conceding Third-year Christine ing on responding to our something you do not Gilleland, who hopes comments and questions, to specialize in the and raising questions to intend to concede, and financial and mergersconsider himself, for the in not advocating for and-acquisitions aspects majority of every week of something that you of international deals, said the semester. This made should advocate for.” she learned the power of it so that each team could patience when working enter the negotiating room with large groups of people, and the value of or send a communication to the counterbeing the more prepared party when going party with great confidence, knowing that into a negotiation. we were as prepared as possible to represent “You never want to find that the our client.” counterparty is more prepared than you The course is based on a simulated fact are, because that can result in losing the pattern developed by two faculty members counterparty’s goodwill and respect, in you at American University, who match schools conceding something you do not intend to interested in participating in the scenario. concede, and in not advocating for someMartin said the class is organic, with the thing that you should advocate for,” she said. scenario never playing out the same way Wittman, the first-year, said he learned twice, which is part of its appeal. the importance of closely analyzing a com“What I told the students is, it’s uniquely pany’s business and transaction objectives in a course they create,” said Martin, who is preparation for a negotiation, to better apslated to teach the course again next year. preciate opposing party relationships, and to “I’m the football coach, but they are playing revise his assumptions based on the fluidity the game.” of the situation.

Before the class, Wittman had no previous experience working with transactional

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FOIA | Eric Williamson

Clinic Suit Prompts Justice to Release Non-prosecution Agreement

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n March the Justice Department released a non-prosecution agreement it previously withheld from University of Virginia School of Law researchers, effectively settling a lawsuit the school’s First Amendment Clinic filed under the Freedom of Information Act. UVA Law business research librarian Jon Ashley served as plaintiff in the lawsuit after being denied his request for the details of a $2 million settlement between the U.S. Attorney’s Office for the Southern District of Texas and Houston-based ABC Professional Tree Services Inc. over the company’s use of undocumented workers.

Ashley was conducting research in association with Professor Brandon Garrett, a criminal justice expert who has been compiling non-prosecution agreements online to further his research on—and public awareness of—white-collar crime.

“After more than a year of litigation by clinic students, the Department of Justice’s final response was, ‘never mind,’ and they readily shared the agreement,” Garrett said.

“It is a totally unremarkable non-prosecution agreement, raising the question why it was ever sealed in the first place.”

Ashley agreed that the difficulty involved in his information request was “baffling.” He said the request was the first Facing page, law students in the First Amendment Clinic, along with clinic co-director Josh Wheeler, met to discuss next steps with UVA Law research librarian Jon Ashley after the Department of Justice settled a lawsuit brought by the clinic on Ashley’s behalf and released a non-prosecution agreement the department previously attempted to shield.

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time he has ever invoked the Freedom of Information Act. The clinic’s complaint against the DOJ argued a “strong public interest in understanding the judicial system and why admitted wrongdoers are not criminally prosecuted.”

Paula Salamoun, a third-year who drafted much of the language in Ashley’s complaint, said the need to get the details just-so was intimidating, but ultimately rewarding.

“As a student, being tasked with drafting a complaint for federal court carries with it a certain level of intimidation, particularly in knowing that each word, sentence and claim would be up for scrutiny,” Salamoun said. “But this real-world experience, with real consequences at stake, is exactly what has made my experience in the First Amendment Clinic so valuable.”

Ashley and Garrett’s collection of nonprosecution and deferred prosecution agreements already included deals

made with Boeing Co., Google Inc., Committee for the Freedom of the Press, led GlaxoSmithKline, Halliburton Co., and by the clinic’s co-director Bruce Brown, to JPMorgan Chase & Co., among others, that aid the law students’ efforts. were not sealed by the government.

“I hope that the Department of Justice Ashley thanked the clinic for helping agrees to promptly release the other him add the latest agreement. “I’m grateful agreements that have not been disclosed for the First Amendment Clinic’s assistance to date,” Garrett said. “There is enormous and expertise,” said Ashley, who said he public interest in the resolution of will continue to pursue, corporate prosecutions, with the clinic’s help, “As a student, being and the public and the 30 additional documents press will only continue tasked with drafting that have not been delivto wonder why some of a complaint for ered to date. these deals have been kept federal court carries Josh Wheeler, co-direcunder wraps.” with it a certain tor of the clinic and director Garrett is the author of the Thomas Jefferson of a forthcoming book, level of intimidation, Center for the Protection “Too Big to Jail: How particularly in of Free Expression, said Prosecutors Compromise knowing that each the clinic will likely file one with Corporations,” which word, sentence and all-encompassing request bases many of its findings for the outstanding docuon public records compiled claim would be up for ments. The center has been with Ashley, including adscrutiny.” working with the Reporters ditional plea agreements.

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EFFECTIVE PROFESSOR | Mary Wood

Greg Mitchell Wins UVA All-University Teaching Award

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ome students might have trouble sitting of social science to legal theory and policy. through Civil Procedure, a notoriously Mitchell has a both a law degree and a difficult subject, at 8:30 on a Friday mornPh.D. in psychology from the University of ing. But not with Professor Greg Mitchell California, Berkeley, and taught at Florida leading class.

State University before “Professor Mitchell is “The law in the statutejoining the UVA Law facsimultaneously effective, ulty in 2006. based courses that I engaging, and entertaining, A self-described “ham,” typically teach is often which is a rare combinaMitchell often poses humaddeningly abstract, tion,” said third-year Erin morous hypotheticals in but the abstractions Ward, who took that class, casting himself and course as well as Evidence students as characters to of the law fall away and an independent study keep things lively. when put into the with the professor.

That focus on engaging context of memorable The University of interaction, and the mixing hypotheticals.”

Virginia is recognizing of theory and practical Mitchell’s classroom efforts knowledge helps students this year with an All-University Teaching “understand the landscape of the doctrine Award. Mitchell and eight other recipients in real practice,” Ward said. “His dedication across Grounds was honored at a dinner at to teaching and helping the students dethe Rotunda. velop professionally is evident both in and Mitchell, the Joseph Weintraub–Bank out of the classroom.” of America Distinguished Professor of Law, Mitchell said he hates leaving class feelalso teaches advanced seminars in law and ing that his students were confused or not psychology, as well as complex civil litigation engaged. and other topics. His scholarship focuses on “My only rule for teaching is to avoid legal judgment and decision-making, the confusion and boredom,” he said. “I don’t psychology of justice, and the application have much trouble with the boredom part,

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but I am always working to come up with better ways of explaining the law.”

Second-year Sam Strongin, who also took Civil Procedure with Mitchell, praised his professor for bringing clarity to complex material. “I have no doubt I understand civil procedure very well thanks to him,” Strongin said. Strongin added that Mitchell also made a point to be available to students outside of class.

“I spent many hours in his office, having him both further refine my understanding of the material and offer more macro-level advice, such as what it takes to succeed on law school exams and overall approaches to studying,” he said. “I’ve taken the lessons he’s provided and used them in other classes, and I feel like I can tie his contributions to steps I have taken going forward that have proven very valuable.”

Instead of striving for perfection, Mitchell said being self-deprecating and open to spontaneity has worked better for him as a teaching strategy.

“I’m never quite sure what’s going to happen in class either, so that’s good,” he said. “I’m glad to hear at least some students agree with it.”

LAW SCHOOL NEWS …

Michael Doran

Kimberly Kessler Ferzan

Cynthia Nicoletti

A. Benjamin Spencer

NEW FACULTY The Law School welcomes four faculty members this year. For full stories on each, see www.law.virginia.edu/news.

Michael Doran Michael Doran, an expert in tax policy and legislative process, will join the faculty in the fall as a professor of law. Doran, who previously served as an associate professor at UVA Law from 2005–09, is currently a professor of law at Georgetown University Law Center. Before he began teaching, he spent 10 years at Caplin & Drysdale and four years in the Office of Tax Policy at the U.S. Treasury Department. Doran’s work at Treasury centered on tax legislation and regulation.

In addition to teaching, Doran has authored articles on his scholarly interests in tax law and the legislative process that have been published in the Virginia Law Review, the University of Chicago Law Review and the Tax Law Review, among others. His current research investigates the ways in which institutional structures within Congress affect the substance of tax legislation.

and Philosophy. She is also an associate graduate faculty member in the school’s New Brunswick Philosophy Department, consistently ranked among the top in the nation. She is the author of numerous articles on criminal law, and the co-author of the monograph, “Crime and Culpability: A Theory of Criminal Law.” Ferzan’s recent scholarship includes the article “Beyond Crime and Commitment,” which was selected for the 2013 American Philosophical Association’s Berger Memorial Prize (for the best paper written in law and philosophy for the prior two years) and “Beyond Intention,” an article selected for the 2006 Stanford/Yale Junior Faculty Forum in the category of criminal law.

She received the Rutgers Dean’s Award for Scholarly Excellence in 2012. In addition to her own works, Ferzan is co-editor in chief of the journal Law and Philosophy, and is on the editorial boards of Legal Theory, and Criminal Law and Philosophy.

Kimberly Kessler Ferzan

Cynthia Nicoletti

Kimberly Kessler Ferzan, a criminal law theorist with a background as a federal prosecutor, will join the Law School in the fall as a professor of law. Ferzan, who was a visitor at the Law School last fall, is currently a distinguished professor of law at Rutgers University, Camden, where she is co-director of the Rutgers Institute for Law

Cynthia Nicoletti, an expert in legal history who specializes in the Civil War and Reconstruction, will join the faculty as an associate professor of law. She is already a familiar face at the University. This year she taught four courses at the Law School, including Civil War and the Constitution, as a visiting law professor from Mississippi College. In

addition, she earned her bachelor’s, master’s, and doctoral degrees at UVA. (She earned her J.D. at Harvard Law School.) Nicoletti is currently at work on a book based on her doctoral dissertation, which won the American Society for Legal History’s William Nelson Cromwell Prize in 2011. The paper examines the issue of whether secession could have been legally valid.

A. Benjamin Spencer A. Benjamin Spencer, an expert in federal civil procedure and jurisdiction, will join the faculty this fall as a professor of law.

Spencer visited at UVA Law in 2011–12 and is currently a professor at Washington and Lee University School of Law, where he serves as associate dean for research and director of the Frances Lewis Law Center. He will teach civil procedure, federal civil litigation, and advanced civil litigation at UVA. Spencer has authored two books in the area of federal civil procedure and jurisdiction, “Acing Civil Procedure” and “Civil Procedure: A Contemporary Approach.”

Both are widely used in law schools throughout the country. Two of his articles, “Plausibility Pleading” and “Understanding Pleading Doctrine,” were among the top three most highly cited articles for 2008 and 2009, respectively, according to research published in the Michigan Law Review in 2012.

UVA LAWYER / SPRING 2014 13

LAW SCHOOL NEWS …

A SAMPLE OF THE VIDEO AND MP3 OFFERINGS FOUND ONLINE

Multimedia News Offerings at www.law.virginia.edu/news “CAN CITIES GOVERN?” Law Professor Richard C. Schragger discusses the limits and possibilities for city power and governance in a lecture marking his appointment as Perre Bowen Professor of Law.

CROSSING BORDERS PRESENTED BY THE J.B. MOORE SOCIETY OF INTERNATIONAL LAW AND THE VIRGINIA JOURNAL OF INTERNATIONAL LAW

RETHINKING INTERNATIONAL DEVELOPMENT

9-10:30 a.m.

Purcell Reading Room

10:45 a.m.-12:15 p.m.

Purcell Reading Room

12:30-1:30 p.m.

Caplin Pavilion

1:40-3:00 p.m.

Purcell Reading Room

ANTI-CORRUPTION AND DEMOCRATIC GOVERNANCE

MEASURING SUCCESS: HUMAN RIGHTS, DEVELOPMENT PROJECTS, AND STAKEHOLDERS DEENA HURWITZ

LUNCH AND KEYNOTE SPEECH

INTERNATIONAL FINANCE IN EMERGING MARKETS PIERRE-HUGHES VERDIER

THOMAS HOHENTHANER

Knowledge and Research, World Bank

THOMAS B. NACHBAR

University of Virginia School of Law (Moderator)

TOM BEST

Partner, Steptoe & Johnson

ROBERT LEVENTHAL

Director of the Anti-Crime Programs Division, U.S. State Department Bureau of International Narcotics and Law Enforcement Affairs, Office of Anti-Crime Programs

CHARGE TO THE CLASS OF 2014

MATTHEW C. STEPHENSON Harvard Law School

University of Virginia School of Law (Moderator) Millennium Challenge Corporation

CATHERINE MOORE

University of Baltimore School of Law

MARGARET L. SATTERTHWAITE

HASSANE CISSÉ Deputy General Counsel, Keynote address sponsored

by White & Case

Judge Robert Shelby ’98 provided insights into the confirmation process and his first two years as a federal district judge.

A TRANSITIONAL JUSTICE STRATEGY FOR SYRIA Mohammad Al Abdullah, Syria Justice and Accountability Center and Balkees Jarrah of the International Justice Program and Human Rights Watch spoke about transitional justice in Syria.

14 UVA LAWYER / SPRING 2014

CHARLES MOONEY, JR.

University of Pennsylvania Law School

GREGORY SMITH

William & Mary School of Law

Hassane Cissé, deputy general counsel, knowledge and research for World Bank, delivered the keynote address for “Crossing Borders: Rethinking International Development” symposium.

3:15-4:45 p.m.

Purcell Reading Room

INVESTOR-STATE ARBITRATION JOHN NORTON MOORE

University of Virginia School of Law (Moderator)

SUSAN D.FRANCK

Washington & Lee University School of Law

JONATHAN C. HAMILTON

Partner and Head of Latin American Arbitration, White & Case

CHRISTOPHER M. RYAN

Partner in the International Arbitration Group, Shearman & Sterling; Lecturer, University of Virginia School of Law

4:45-5 p.m.

Purcell Reading Room

THE AMERICAN VOTING EXPERIENCE

“PERSPECTIVES OF A RECENTLY APPOINTED FEDERAL TRIAL COURT JUDGE”

DOUGLAS KRAMER

Deputy General Counsel at U.S. Agency for International Development

Partner, Allen & Overy

New York University School of Law

CHRISTIE S. WARREN

Professor Greg Mitchell shared 10 tips for success in his Charge to the Class of 2014.

Bob Bauer ’76 and Ben Ginsburg, cochairs of the Presidential Commission on Elections, discussed their recent report on voting issues.

University of Virginia School of Law (Moderator)

CROSSING BORDERS: RETHINKING INTERNATIONAL DEVELOPMENT

CLOSING REMARKS

FEBRUARY 24 Sponsored by White & Case (Gold Sponsor) and Allen & Overy (Bronze Sponsor)

CORPORATE GOVERNANCE Myron T. Steele ’70, LL.M. ’04, recently retired chief justice of the Supreme Court of Delaware, addresses corporate governance in the wake of corporate collapses in the past decade. Steele’s talk was the keynote during this year’s Virginia Law and Business Review symposium,

OBSERVATIONS ON ROBERTS COURT

“AFTER WINDSOR” A UVA LAW TALK ON LGBT RIGHTS

Marcia Coyle, the chief Washington correspondent for The National Law Journal, a national weekly newspaper that covers law and litigation, delivered the Henry J. Abraham Distinguished Lecture.

UVA Law Professors Kerry Abrams and Deborah Hellman and Professor Nancy Polikoff of the American University Washington College of Law discuss the impact of United States v. Windsor.

THE LAW OF NATIONS AS CONSTITUTIONAL LAW

AFFIRMATIVE ACTION DISCUSSION

Law Professor Paul B. Stephan ’77, an expert in international business and legal systems, moderated a discussion on the article “The Law of Nations as Constitutional Law,” published by the Virginia Law Review in 2012.

UVA Law Professor Kim Forde-Mazrui and the Heritage Foundation’s Hans von Spakovsky discuss the current state of affirmative action in the United States from differing perspectives.

LAW SCHOOL NEWS …

LINDA FAIRSTEIN ’72 SPEAKS ON HER CAREER AS A PROSECUTOR AND AUTHOR. THE FUTURE OF FASHION LAW Staci Riordan, partner and chair of the Fashion Law Practice Group at Fox Rothschild, spoke about her professional experiences and growth in the field as part of the Virginia Journal of Law and Technology’s Symposium “The Future of Fashion Law.”

VIRGIN I A L AW & B US I N E S S RE VIE W SYM PO S I U M

POWER &

CONTROL TODAY'S CORPORATE GOVERNANCE ISSUES

DOMESTIC VIOLENCE SURVIVOR DISCUSSES HER LANDMARK HUMAN RIGHTS CASE Jessica Lenahan (formerly Gonzales) discusses her landmark case, the first brought by a survivor of domestic violence against the United States before an international human rights tribunal. The Inter-American Commission on Human Rights found that the U.S. violated her and her children’s human rights.

ANIMAL PROTECTION IN THE 21ST CENTURY Wayne Pacelle, CEO and president of the Humane Society of the United States, delivers “Animal Protection in the 21st Century: Finding Clarity in Our Tangled, Contradictory Relationship with Animals.”

FORMER JUSTICE OF SUPREME COURT OF VIRGINIA GIVES MLK TALK 8-8:40 A.M.

BREAKFAST

8:40-8:45 A.M. WELCOME KATIE PACKER ’15 & KATHERINE SHAIA ’15 Special Projects Editors, Virginia Law & Business Review 8:45-9:05 A.M.

INTRODUCTORY REMARKS GEORGE GEIS Vice Dean, University of Virginia School of Law

9:05-10 A.M.

INCORPORATION AND THE NEVADA-DELAWARE DEBATE MICHAL BARZUZA University of Virginia School of Law A. THOMPSON BAYLISS ’03 Partner, Abrams & Baylisss DAIN DONELSON University of Texas McCombs School of Business DAVID SMITH University of Virginia McIntire School of Commerce Moderated by PAUL MAHONEY Dean, University of Virginia School of Law

10:10-11:05 A.M.

SHAREHOLDER ACTIVISM H. RODGIN COHEN Senior Chairman, Sullivan & Cromwell LLP STEVEN DAVIDOFF The Ohio State University Moritz College of Law ROGER H. KIMMEL ’71 Vice Chairman, Rothschild Inc. Chairman, Endo Pharmaceuticals Director, PG&E Corporation Moderated by ANDREW N. VOLLMER ’78 University of Virginia School of Law

11:15 A.M.-12:10 P.M.

MULTIDISTRICT LITIGATION AND EXCLUSIVE FORUM BYLAWS STEPHEN M. KOTRAN ’90 Partner, Sullivan & Cromwell LLP THEODORE N. MIRVIS Partner, Wachtell, Lipton, Rosen & Katz ROBERTA ROMANO Yale Law School Moderated by ALBERT CHOI University of Virginia School of Law

12:20-1:20 P.M.

LUNCH & KEYNOTE ADDRESS

MYRON T. STEELE ’70 Former Chief Justice, Delaware Supreme Court 1:30-2 P.M.

ROUND-TABLE DISCUSSION SELECT PANELISTS Moderated by RICHARD HYNES University of Virginia School of Law

2-2:10 P.M.

THANK YOU AND ADJOURNMENT VICTORIA MORPHY ’14 Editor-in-Chief, Virginia Law & Business Review

FRIDAY, FEB. 21 CAPLIN PAVILION

John Charles Thomas ’75 urges vigilance to protect advances made by the civil rights movement.

u n i v e r s i t y of

VS Cirginia HO O L O F L AW

50 YEARS AT UVA A lot has changed in the last five decades at UVA Law—just ask Professors A. E. Dick Howard ’61 and Peter Low ’63, who this term are celebrating 50 years since they began teaching here.

UVA LAWYER / SPRING 2014 15

How Climate Science is  The sun rises behind the Capitol in Washington, Tuesday, March 11, 2014, after Democratic senators clocked an all-nighter, working in shifts into Tuesday morning to warn of the devastation from climate change and the danger of inaction.

16  UVA LAWYER / SPRING 2014

Changing Law and Business issued its fifth assessment report for governments and policymakers (AR5). The series of reports has trained attention on the risks to ecosystems and economies and made business more sensitive to environmental and regulatory concerns.

UVA LAWYER / SPRING 2014  17

AP PHOTO/J. SCOTT APPLEWHITE

This spring the United Nations Intergovernmental Panel on Climate Change (IPCC)

Bob Wyman ’80

B

OB WYMAN ’80, OF LOS ANGELES, suit in Massachusetts vs. EPA to force the has built a global practice around climate agency to regulate GHGs. The plaintiffs lost science, good policy, and feasible compliance. in the D.C. Circuit, but the Supreme Court Wyman is the chair of the Environment, Land reversed the decision and remanded the & Resources Department matter to the EPA. Upon and the co-chair of the reconsideration, the EPA Air Quality and Climate “We want found that GHGs “in the Change Practice for legal confidence, atmosphere may reasonLatham & Watkins. He on the one hand, ably be anticipated both to started thinking differentand efficiency and endanger public health and ly about his work in 2003, incentive, on the to endanger public welfare,” when the Environmental other—a carrot and supporting the agency’s Protection Agency (EPA) a stick at the same regulatory authority. made two determinatime.”

“The issue is resolved tions. First, that it lacked in terms of the law of the authority under the Clean United States,” says Wyman.

Air Act to regulate greenhouse gases (GHGs) “It is the basis of a regulatory finding made as pollutants. And second, that even if it did by the top environmental agency in the counhave such authority, it would decline to set try, tested in court, and upheld at the highest vehicle emissions standards for GHGs. level. We have to respect that as lawyers and Twelve states and three cities brought turn our attention now to public policy.”

18 UVA LAWYER / SPRING 2014

Industry reaction

T

oward that end, in 2008 Wyman started the National Climate Coalition, a multiindustry group that provides input to the EPA on GHG regulation. Its members include companies in aerospace and electronics, automotive, cement, consumer products, electricity generation, manufacturing, oil refining, and renewable energy. The coalition’s goal is to advise the EPA in creating a regulatory regime that avoids economic jeopardy and legal risk.

“Industry has long recognized that carbon intensity, the environmental footprint associated with the burning of fossil fuels, would sooner or later be addressed through regulation,” says Wyman. “Our proposal tries to optimize multiple variables.

We want legal confidence, on the one hand, and efficiency and incentive, on the other—a carrot and a stick at the same time.”

REUTERS/ROBERT GALBRAITH

A stream of water trickles on the bottom of the Almaden Reservoir near San Jose, California January 21, 2014. California Governor Jerry Brown declared a drought emergency, and the dry year of 2013 has left fresh water reservoirs with a fraction of their normal water reserves.

UVA LAWYER / SPRING 2014  19

Brad Keithley ’76

Though opinions vary among Wyman’s clients on the science behind climate change, the coalition has no doubt the EPA is going to regulate GHGs. Industry should “get ahead of the curve,” says Wyman. “The predominant view is that the human impact on the environment through greenhouse emission is real and serious, and while no one can pretend to know the scale of it, it does warrant large-scale government intervention through regulation.”

BRAD KEITHLEY ’76 IS THE FORMER the 1992 United Nations Conference on General Counsel of Arkla, Inc. He helped lead Environment and Development in Rio de the energy practices of Jones Day and Perkins Janeiro. He believed then that the U.S. would Coie before starting his begin to take an active role own advisory firm in regulating energy emissions.

Alaska. “The oil and gas “We have to “I like minimal government community, frankly, has decide what the right intrusion, but I also believe to accept that climate regulatory response that these externalities change is a real concern,” is and how extensive have a cost,” he says. “I like says Keithley. “We have it will be.” government to come in and to decide what the right mandate the environmental regulatory response is ends you must meet, but not and how extensive it will be.” the means to get there. Government tends to So what is the proper balance between get it wrong when they select the means. It protection and production? According to opens up avenues for someone to stop any Wyman, “The IPCC is a repository of the regulation. I’m hoping the EPA will set the mainstream development of the scientific performance targets, and not tell states or perspective on this issue, and it reinforces the sources how to do it.” political will to address it. We shouldn’t hide from that fact. We still take action because we recognize that managing uncertainty to protect the public against harm is what we entrust our government to do.”

Wyman, a self-described “free market deally, the EPA and states would work tolawyer with libertarian tendencies,” has gether to implement programs that generate been active in climate change policy since a price signal that reflects the environmental

Better regulation, better business

I

Weather and Natural Catastrophe Total vs. Insured Losses

Source: sigma world insurance database ©2013 Swiss Re Economic Research & Consulting. All rights reserved

20 UVA LAWYER / SPRING 2014

impact of carbon. The market could use that price signal to build greater efficiencies in the energy system and transition into a cleaner technology model.

A carbon intensity approach that developed performance standards, sector by sector, would avoid consumption-related or growth-related opposition, according to Wyman. Trading partners who do not meet the standards would pay a tariff. “That’s a regime that the world could prepare for,” says Wyman. “Many businesses would like this issue addressed for the long run because the uncertainty prevents investment in new supplies of energy and in new technologies,” he adds. “Many hundreds of billions of capital are sitting uninvested because of it.”

While industry is waiting on clear rules for managing carbon output, existing regulations could be improved to promote new construction. “You could have the cleanest power plant in the world but it’s always attacked,” says Wyman. “If it’s a natural gas-fired plant, then it’s usually attacked using the Clean Air Act, or the California Environmental Quality Act, or the National

Environmental Policy Act, or the Endangered Species Act. If it’s a solar project, because solar and wind require a lot of land, you have attacks based on water scarcity or species scarcity. NIMBYism is everywhere.”

“It’s hard to demonize industries who are concerned about EPA regulation of greenhouse gases,” says Wyman. “Their positions stem from an understanding that government regulation often imposes costs that significantly exceed the level necessary to deliver the desired environmental benefit.”

It can take years to permit most major capital projects in the United States. Too often, the same projects have been reviewed many times in other parts of the country.

Ideally, once the EPA or the states evaluate a particular technology, the findings and conclusions should be presumptive for other applications to avoid costly and lengthy caseby-case scrutiny.

“Getting the rules of the game worked out, even if they’re not perfect, will unleash capital and allow siting to happen faster,” says Wyman. “Even though businesses and people end up at various places along the

continuum in their belief in the science, there is a community of agreement among a critical mass of corporate America that if we have a system that can be done well, it would be beneficial.”

Resources, risk, and opportunity

K

eithley, who has worked in oil and gas since he graduated from the Law School, cites three “huge changes” in the industry.

First, the end of the Cold War opened access to many areas of the world, notably China, the Soviet Union, and large parts of Africa. Second, advanced technology allows the industry to develop resources that it previously never considered. And third, the advent of development in the Arctic. “It’s the emerging story of untapped resources. But it’s very challenging trying to access it in the right way to minimize risk and avoid huge costs,” says Keithley.

Keithley is based in Anchorage. He says Alaskans welcome these new opportunities “to grow the economy, employ more

Loss Events Worldwide, 1980–2013, Munich Re

© 2014 Münchener Rückversicherungs-Gesellschaft, Geo Risks Research—as of January 2014

UVA LAWYER / SPRING 2014 21

people, start more businesses, and have a more broadly based source of revenue for state government.” The new fields promise many years of production, a substantial lift to the Alaska economy, and jobs. “It’s the same way a Lower 48 state would view a new, clean factory,” he says.

“That’s how we view new resource development. But it also presents new risks, possibly extreme risks that Alaska has never faced before if an ocean-going vessel or new oil and gas prospect at sea has an accident and starts spilling oil.”

Keithley notes that fracking for new natural gas supplies has also changed the game, and quite suddenly. Setting aside the environmental challenges, few people predicted its scale. Where once the U.S. was a net importer of liquefied natural gas (LNG), fracking has reversed the trade flow. Companies, once interested in LNG projects for import, are now investing in facilities to export LNG worldwide.

Clean tech energy companies need help earning a return on their investment in new clean energy products. Municipal solid waste recyclers need EPA approval to convert it to fuel, even with a zero carbon footprint.

“Clients need help in regulatory advocacy, conducting global carbon trades, and planning corporate strategy in the face of an evolving energy market,” says Keithley.

For example, major oil companies are under increasing pressure from shareholder groups to account for the risk that potential restrictions on carbon emissions will decrease the value of their recoverable reserves, especially for the more costly projects in the Arctic and the deep waters of the Gulf of Mexico. In March Exxon agreed to assess the risk to their portfolio and also report on how restrictions will affect the investment return on future projects. “Corporate sympathy to climate concerns is here to stay,” says Keithley. “These are the kinds of issues where smart lawyers can add value.”

22 UVA LAWYER / SPRING 2014

Glenn Brace ’86

Finding solutions

T

he cause-and-effect debate is central to regulatory intention and opposition.

Insurers, however, make and lose money trying to predict the incidence of events and what it will cost them. When it comes to climate science, they care more about the frequency or severity of what may happen than they do about the why.

GLENN BRACE ’86, OF LONDON, IS the claims director for the Catlin Group, a specialty insurer and reinsurer that has been studying environmental risk. “You’ve got to be really careful because there are many climate change skeptics,” he says. “If you don’t follow rigorous scientific protocols, people are going to call you out on it. We are a business that assesses experience and analyzes for any patterns that will influence rates and our risk appetite. We want our policyholders to know that we are independent, non- biased, and analytical. If you become a campaigner, you can appear to lack that independence.”

Brace says climate change is not currently a pressing issue for insurers because scientists and industry are studying data on different time scales. Typical risk modeling analyzes the past five years or so of claims experience, and insurers ordinarily offer coverage on an annual basis. Climate science, however, covers centuries of data.

But Brace believes climate change will only become more important to his business. “If the earth changes, as many people predict it will,” he says, “the nature and severity of the hazards policyholders face may change completely. We therefore believe insurers should get involved. We need impartial, scientifically valid data on which experts can base predictions. We probably won’t benefit from it, but our descendants and future policyholders might use that data to better protect their assets.”

Wyman shares this view, which translates across industries and transcends politics.

In talking about technology and energy efficiency, Wyman says, “That’s what we should be about, using science and the law to help make our society and our economy work better.”

World GHG Emissions Flow Chart World GHG Emissions Flow Chart

E N E R G Y

Sector SECTOR

Transportation

13.5%

Electricity & Heat

24.6%

Other Fuel Combustion

Industry

Fugitive Emissions

9.0%

10.4%

3.9%

Industrial Processes 3.4%

Land Use Change 18.2%

Agriculture

Waste

13.5%

3.6%

Sources and Notes: All dataAll is fordata 2000. All areAll based on CO2 equivalents, 100-year Sources & Notes: is calculations for 2000. calculations areusing based onglobal CO2warming equivalents, using 100-year global warm potentials from the IPCC (1996), based on a total use globalchange estimate of includes 41,755 MtCO2both equivalent.

Land use change includes 41,755 MtCO 2 equivalent.

Land emissions and absorptions; see Chapter 16. See Appe both emissions and absorptions. Dotted lines represent flows of less than 0.1% of total GHG emissions.

Dotted lines represent flows of less than 0.1% percent of total GHG emissions.

End END USEUse/Activity / ACTIVITY

GASGas

Road

9.9%

Air Rail, Ship, & Other Transport

1.6% 2.3%

Residential Buildings

9.9%

Commercial Buildings

5.4%

Unallocated Fuel Combustion 3.5% Iron & Steel Aluminum/Non-Ferrous Metals Machinery Pulp, Paper & Printing

Food & Tobacco

3.2% 1.4% 1.0% 1.0% 1.0%

Chemicals

4.8%

Cement

3.8%

Other Industry

5.0%

T&D Losses

1.9%

Oil/Gas Extraction, Refining & Processing

6.3%

Coal Mining

Deforestation Afforestation Reforestation Harvest/Management Other Agricultural Energy Use

1.4%

18.3% -1.5% -0.5% 2.5% -0.6% 1.4%

Agriculture Soils

6.0%

Livestock & Manure

5.1%

Rice Cultivation

1.5%

Landfills Wastewater, Other Waste

2.0% 1.6%

Other Agriculture

Carbon Dioxide (CO2) 77%

0.9%

HFCs, PFCs, SF6 1%

Methane (CH4) 14%

Nitrous Oxide (N2O) 8%

ming potentials from the IPCC (1996), based on a total global estimate of endix 2 for detailed description of sector and end use/activity definitions, as well as data sources.

UVA LAWYER / SPRING 2014  24

Cars sit on the edge of a sinkhole in the Charles Village neighborhood of Baltimore, Wednesday, April 30, 2014, as heavy rain moved through the region. Road closures were reported due to flooding, downed trees and electrical lines elsewhere in the Mid-Atlantic.

SCIENCE & POLICY ROUNDTABLE

AP PHOTO

Enormous streams of data generated by government, industry, and university researchers drive the regulatory apparatus of the U.S. government. Sometimes the data reveal new risks, other times it frames the boundaries of known ones. Uncertainty permeates the process, both in the science identifying the risk and the regulations issued to manage it.

In the following roundtable, Law School professors Jon Cannon, Jason Johnston, and Michael Livermore talk about science and research, its inherent uncertainties, and the government’s efforts to establish and promote good policy.

Jon Cannon served as the Environmental

Jason Johnston is an expert in law and

Michael Livermore is an associate professor

Protection Agency’s general counsel (1995–98) and assistant administrator for administration and resources management. He is the Blaine T. Phillips Distinguished Professor of Environmental Law and the Class of 1941 Research Professor of Law. He is also Director of the Law School’s Environmental and Land Use Law Program, which aims to develop leaders who combine knowledge in law, science, economics, ethics, psychology, and politics with the skills to put sound policy into practice at all levels of government and in the private sector. Cannon is completing a book on environmentalism and the Supreme Court for publication in spring 2015.

economics and is the Henry L. and Grace Doherty Charitable Foundation Professor of Law. He is currently working on a book that critically analyzes the foundations of global warming law and policy, a series of articles on the economics of regulatory science, and another series of articles on various aspects of the law and economics of consumer protection. Before coming to the Law School, Johnston was the founding Director of the University of Pennsylvania Program on Law, Environment and Economy.

of law whose primary teaching and research interests are in administrative law, environmental law, cost-benefit analysis, and executive review of agency decision-making. Livermore spent five years as the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making through advocacy and scholarship in the areas of administrative law, cost-benefit analysis, and regulation.

UVA LAWYER / SPRING 2014 26

UVAL: Science will always have uncertainty, so how do we manage that uncertainty when translating it into policy?

clear the points at which value judgments enter the decision process and to understand the effect of those judgments.

Livermore: Part of the tricky thing with Johnston: I think the problem is that we call for science-based regulation and act as if there isn’t uncertainty. But at the frontier of any science, there’s always uncertainty.

I think the problems that we have now boil down to having institutions that don’t incentivize scientists to fully reveal the extent of the uncertainty and in not understanding that, because of uncertainty, scientific decisions are often inseparable from policy decisions. Different scientists are making different decisions about the policy consequences of different kinds of errors. Scientists are expressing their points of view in the decisions they make about what to publish and how to value different kinds of studies, normative decisions about consequences external to science, so you just can’t look to science and think that you’re going to get clear answers.

Cannon: I agree with Jason that we don’t have a systematic way of dealing with uncertainty.

Depending on the policy preferences of those making decisions, I’ve seen attempts to downplay uncertainty and also attempts to exaggerate uncertainty. I think there should be a more systematic accounting for uncertainty.

I also agree that policy judgments can be embedded in the science.

There’s a phenomenon among policymakers to try to disguise policy judgments as science, to say “the science makes me do it,” when in reality the science is too uncertain or indeterminate to drive a particular policy choice. Even if the science is very clear, there’s always a value judgment associated with a policy decision. Sometimes policymakers want to obscure the judgment component to reduce their own accountability and fob it off on the scientists. It’s important to keep

uncertainty in policymaking is how it intersects with public perceptions of risk.

It would be great if we had a fully rational system with the right incentives that could use available information to maximize expected net benefits for society. But in a democratic political system, uncertainty quickly becomes politicized, both as a reason not to act and as a reason to act.

So in a political system where you have to think about communication to a broader public and where you have actors with all kinds of incentives—incentives to trump up risk, incentives to downplay risk—you really have to think not just in terms of what a fully rational decision-maker might do, but how we in our political discourse are going to deal with scientific uncertainty.

You also have concepts like the precautionary principle or burdens of proof where a lot turns on defaults. But if you’re going to default into some behavior in the face of uncertainty, then if everything’s uncertain all the time, your defaults are always going to govern.

UVAL: Is the system we have now working?

Johnston: I would say no.

Cannon: I would say it’s working. It’s not working as well as we would like it to work.

I think it’s achieving some level of policy judgment based on scientific information, but it’s far from perfect.

Johnston: The reason I say no is because, for example in climate change policy, the science has been presented by the Intergovernmental Panel on Climate Change (IPCC) and by EPA in a way that

conceals rather than reveals the enormous uncertainties. The IPCC makes statements that really aren’t even scientific. They say that some things about recent climate are “unequivocally” true and that they are “highly confident,” or “confident,” or “somewhat confident” that certain kinds of projections about future harm and future climate change will occur. Those aren’t scientific statements. The IPCC uses an invented terminology that I would say was designed to conceal the uncertainty.

Another example of the failure of current regulatory institutions when it comes to the use and evaluation of science is air pollution and the regulation of fine particulates.

The entire system for calculating the cost and benefits of tightened standards for fine particulate regulation hinges on a set of scientific studies that are boiled down to a very simple number—a number that expresses supposedly the increase in expected mortality as concentrations of fine particulates increase—and that simple number really is meaningless when you look at what’s known about what actually causes increases in the kinds of mortality used in the fine particulate studies. If people actually saw what the data looks like, they’d realize that there is no true linear relationship between the level of particulates and mortality, and that using the slope of such a line (a linear regression) to say “we will save x number of statistical lives if we reduce fine particulars by y amount” is highly, highly misleading, indeed almost surely false.

In the species area, the Fish and Wildlife Service looks mostly to the U.S. Geological Service for its scientific information about whether, for example, a particular population of mice constitutes a subspecies, but there’s no definition of what a subspecies is. That’s not even a really useful scientific category, and so the underlying science is all over the place. When you then present a finding from an agency that a particular population of

UVA LAWYER / SPRING 2014 27

Jon Cannon

mice is a subspecies and therefore has to be protected under the Endangered Species Act, it’s not revealing. It pretends to be a scientific conclusion, when in fact a true representation of the science would lead any reasonable person to conclude that we can’t even make a decision without weighing the consequences—not just for the mouse population but for local economies—of categorizing the population as a subspecies or not.

DECIDING NOT TO DECIDE Livermore: I think that’s the problem, right? If the conclusion is that we can’t make a decision, not a lot of decisions are going to get made in the face of scientific uncertainty. Typically, we face situations where we have to make a decision. That’s

28 UVA LAWYER / SPRING 2014

kind of the starting place. We have the information that we have. A decision has to be made. Not making the decision turns out to be defaulting into a decision to keep the status quo.

So I think there are two questions. One is how ought the decision-maker take the relevant evidence into account in order to make the best decision possible. Then the second question, which I think is what Jason is touching on, is how a decision-maker should communicate the relationship between the final decision and the evidence the decision-maker used. I think the second question is at some level trickier.

For example, in the particulate matter pollution case that Jason mentioned, should EPA communicate very broad risk parameters and say that fine particulates might cause great damage, or very little damage, or damage somewhere in between? Or is it

better to communicate just a central estimate? I think that’s a hard question to answer.

Johnston: I agree with that, though I don’t know if I would characterize the first question or problem the way Mike did, but it is true that deciding not to regulate is a decision just as much as deciding to regulate. But to presume that the decision has to be made at a particular time is already to embed in a normative criterion that it’s costly to wait. There is what we could call the regulator’s objectives, a sense that if we wait and don’t regulate and it turns out there’s some problem, there will be bad political fallout and public condemnation for the failure to regulate. But that’s not a product of science. That’s a product of the environment in which regulators operate. If we could take that away, I think a lot of times a regulator would postpone a decision until there’s more

certainty. But the political environment often makes it very difficult to say that, and instead regulators feel they have to make an up or down decision.

UVAL: How would you solve that?

Johnston: There are various suggestions people have come up with. I personally think a lot of these problems come about because the regulatory agency that’s responsible for promulgating regulations also assesses the science, so one proposal is to separate those two functions. We could have a federal agency that just assesses science, but doesn’t promulgate regulations. You could separate the two functions. That’s one proposal. I don’t know if that would really work.

Another proposal is to create systems for selecting the people who serve on scientific advisory boards. When there’s a competition among scientists at the frontier of science, you could appoint a board that comprises people on both sides of the scientific controversy. We don’t really do that now.

You could also re-think the system that scientific assessment institutions currently use to assess the science. How should they aggregate the various scientific opinions?

Nobody’s really tried to work on those problems yet, believe it or not. Nobody’s sat down and tried to formally think of how to best design these institutions to elicit from the scientists their honest opinion as to the strength and weakness of different studies.

It’s not an easy problem.

Cannon: These are all good points. I think there’s some effort by agencies to move in a direction of more inclusive and more frequent review by outside scientists.

This can enhance the credibility of agency science. EPA uses a Science Advisory Board of outside experts to review the quality of its science and research programs and relies on other groups of outside experts, like the Clean Air Science Advisory Committee, for guidance in particular program areas.

Significant work by EPA scientists used in decision making is subject to peer review.

When issues arise about scientific methods or conclusions, EPA may submit those issues to the National Academy of Sciences for review. Sometimes the responses are flattering, and sometimes not.

An agency like EPA is embattled. One of the battlefronts is the science that it produces or relies on, so to the extent that it can protect itself by getting broader acceptance of that science as good science, there is incentive for it to do so.

Having scientific assessments done outside EPA might improve acceptance, but EPA or other agencies would still have to interpret the assessments. You can’t totally insulate the scientific process from the policy process.

SEPARATING SCIENCE DECISIONS FROM POLICY DECISIONS Livermore: This has been tried and this has been discussed for decades, this idea of separating the scientific decision-making from the policy decision-making. Part of the problem is that you can’t intellectually separate the scientific from the policy judgments, so all you’ve done is create a different institution that will be making science/policy judgments. It’s been tried.

Where it’s been tried, like in the occupational health context, it’s not clear that it actually increases reliance on science because at some level, having the scientists in the political institution helps ground the decisionmaking in scientific norms.

Part of the issue, I think, is also that we often ask scientists within agencies the wrong kinds of questions that have a statutory basis rather than scientific basis. For example, in the context of the Clean Air standards, the statute requires the agency to set cost-blind standards that are adequate to protect public health and welfare. That’s set

up as a scientific question, but it’s just not a scientific question. When you ask a bunch of scientists to answer a non-scientific question, you’re going to get gobbledygook back.

We’ve set up the inquiry incorrectly. If we can figure out what the right inquiry is to be asking our scientific bodies and then use that an input in the policymaking process, we will have taken an important step.

SCIENTIFIC ADVISORY BOARD BIAS Johnston: That makes a lot of sense to me. If I could just respond to a couple of things Jon said. There is a problem with these scientific advisory boards. When 70% of the people on the EPA’s Clean Air Act scientific advisory board have been funded by EPA for many years to work on precisely the problem that they’re asked to act on as peer reviewers, that’s a problem. Now, it would seem like that’s an easy problem to overcome. You just change the composition of the board. But it’s not that easy to do because some of the things the agency’s interested in, say the health effects of ozone, are not really considered cutting edge scientific issues, and not many scientists are interested in them. Most of the people working on an issue such as ozone do so because EPA, or perhaps industry on the other side, is paying them to work on it.

It’s a problem that the FDA has, too.

When the FDA convenes a panel to consider the evidence for approval of a new drug, it’s very difficult for them to find people who aren’t paid consultants, either for that drug manufacturer or for a competitor. But if you disqualified everybody who’s being paid by somebody, then there wouldn’t be anybody in the room who knows anything about that drug or that category of drugs.

Here is something else I wanted to pick up on. We now have competing agencies. Let me give you two examples: Bisphenol-A is a chemical that is found in plastics and there are two agencies concerned with it. One is

UVA LAWYER / SPRING 2014 29

the FDA, which has been funding people down at Research Triangle Park to do pretty much traditional animal toxicological studies. Well, now we have the National Institute for Environmental Health & Safety (NIEHS), which a few years ago approved another $30 million to study exactly the same chemical, funding a completely different set of scientists, and using a completely different methodology to look at Bisphenol-A. So we have two agencies each funding separate work using separate methodologies exploring the potential health hazards from this compound, and with different agendas.

The FDA’s interest, if anything, seems to be in finding that Bisphenol-A is not as risky as people think. The NIEHS, on the other hand, is trying to find out whether it’s really risky.

Another example of competing agencies involves EPA. We’ve got all this controversy over fracking. On the one hand, EPA is compiling a bunch of evidence on the various adverse effects of fracking, from contamination of groundwater to air pollution. The Department of Energy is doing its own separate thing, employing different methodologies but looking at a lot of the same questions, so now we have this problem with agencies competing.

Cannon: I don’t think diversity is a bad thing. EPA and NIEHS have had differing views about non-monotonic dose response in certain chemicals. These agencies have different interests or points of view that get reflected in different positions on the

science, at least initially. But that diversity of views can be helpful; it can force fruitful deliberation and further research.

It’s also important to remember that much of the science that gets done relevant to policy is not done by federal agencies.

It’s done by universities and companies. All of the data that EPA relies on in pesticides registration and toxic chemical review is industry-generated. You have a whole sea of data flowing on these different issues, and part of the challenge now, because the data is so huge, is systematically canvassing it and synthesizing it into some meaningful pattern that policy-makers can use.

Livermore: Just to return to the earlier point that Jason made about funding and

Jason Johnston

30 UVA LAWYER / SPRING 2014

outside bias. Most of the experts on the issue will have received funding at some point in their careers from agencies. I think this is an interesting area for institutional reform. For example, EPA has done some work with the National Science Foundation (NSF) where they jointly fund scientific research that EPA is ultimately going to rely on. NSF needs the agency involved because EPA knows the questions that need answers, but some separate entity, like the NSF or NIH, could be required to make some judgments about which researchers get the funding. That seems like a very promising institutional reform.

That’s a separate problem. How do you communicate these complex scientific studies?

Before science is used by an agency, there has got to be a discussion not only of the evidence that supports a particular regulatory decision, but also of the evidence and studies on the other side. There has to be an opportunity for rebuttal by the scientist whose work has been discounted by the agency.

JUDICIAL DEFERENCE UVAL: Does peer review figure in this?

Livermore: The administrative process

DATA PURITY UVAL: What about public allegations that agencies or companies are funding studies to reach certain findings, so that is exactly what they’re going to find?

Johnston: Well, let’s put it this way.

Nobody’s making stuff up. Even if it’s true that somebody receiving funding from a particular entity knows the answers the entity would like, and somebody sets up a study that does generate answers that are consistent with the funding entity’s preferences—and this is really important from my point of view—it still has to be the case that the results of those studies have to be presented transparently so people can critique the study and understand how it was done. The biggest problem comes when things are hidden and it’s difficult to find out the methods used and what the data was.

You really need transparency.

In a sense, one proposal is that everything should be presented in the way we’re accustomed to in the Law School, in the legal world, which is in the form of a law office memo: here’s this side and here’s the other side, and everything is presented very transparently and thoroughly. Maybe that would give the public more confidence at least.

figures in this. At some level I think the “arbitrary and capricious” review does require the agency to respond substantively to adverse evidence that’s in the administrative record. If the agency fails to do that, it’s not a guarantee that the regulation’s going to get knocked down by a court, but they are subjecting themselves to substantial risk.

Now, we might ask whether a generalist Article III judge is the best person to make sure that the scientific exploration that Jason was talking about is actually carried out by the agency in a rigorous way, but at some level that is the idea behind “arbitrary and capricious” review as it relates to scientific inquiry.

Johnston: Well, here’s the problem with that, and it’s something I’m working on.

I’ve got a theoretical paper that shows that even if the reviewing entity is really random and bad, that is still a good thing in terms of increasing incentives for the experts to be fully honest in presenting their evaluation of the science. My model would imply, for instance, that the fact that Article III judges are just generalists is not such a bad thing because if you know in advance that they’re going to do their own assessment of the science, and you’re the scientific expert contributing to the process, you know you have to be more credible, with more evidence, precisely because they are pretty

random in their own assessment.

But right now the way it works for the most part in the courts is that they’re unbelievably deferential to agency scientific findings. It’s almost impossible to find a federal circuit court of appeals ever overturning an agency on the grounds that the science wasn’t adequate. It’s really just extremely deferential. Nobody reviews the agency’s science. Congress doesn’t. The courts don’t.

Nobody does. And experts know a lot about their subject, but they also have policy preferences, and any time that’s true you cannot expect an expert to give you an unbiased, expert opinion. Our problem is that we act as if experts and scientists are saints, completely unbiased and unaffected by selfinterest. The evidence defies that belief.

Cannon: But I think that’s inevitable.

Policy-relevant science is inevitably in the political realm, so it’s going to be debated from the standpoint of different interests and how they’re affected by it. It’s already part of the adversarial process, whether scientists like it or not. EPA’s [2009] greenhouse gas endangerment finding is an example. The Agency’s assessment of the climate science drew from a lot of different peer-reviewed sources. That assessment was subject to internal federal scientific review and notice and comment rulemaking, in which adverse comments on the Agency’s assessment were made and became part of the record that the agency had to defend when it went up on appeal. The scientific process here was inextricably bound up with the policy decision, whether to regulate greenhouse gas emissions, and has continued to be debated by those with an economic and political stake in the outcome—not only in the courts but in Congress and other public venues.

REVIEWING THE REVIEW PROCESS Johnston: People on the other side of this, such as me, would look at the agency’s response to the outside comments critical of

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Michael Livermore

its assessment and read the agency’s dismissal of one or another comment and say, “That’s false, that’s just wrong. It’s a misstatement of the science.” But the way things are now, it doesn’t make any difference how many of us look at that and say the EPA said a bunch of things that are wrong. The court’s not going to look at it that way. As long as the agency responds, no one’s going to scrutinize the response.

Cannon: We should have review processes that are as balanced and objective as possible. But at some point, you’ve got to cut off the process and let decisions be made and implemented. I think that’s part of the tension here.

Johnston: And I shouldn’t overestimate the problem. After all, members of Congress—right now, given the political

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composition of Congress, primarily and most importantly the House Committee on Science, Space, and Technology—do bring in experts on the other side and convene hearings with people from the other side. So Congress has an opportunity to hear about this, and they do hear about it.

Livermore: We’ve experimented with more formalized processes for overseeing agency decisions where experts submit testimony under oath and are subject to cross-examination. The downside of that is it’s just not used because it takes an enormous amount of time and agency resources, and it’s not obvious that you’re getting a better outcome. The famous example used was when the FDA took several years to compile thousands pages of documents to figure out the correct percentage of peanuts in peanut butter. You can really build out the

regulatory processes but it’s not obvious that you are improving outcomes, and there does have to be a point where you end analysis and make a decision.

But on the other hand, we don’t want to incentivize agencies to hide behind the science. Under President George W. Bush, EPA made a policy decision not to address greenhouse gases under the Clean Air Act. That wasn’t a scientific decision that climate change isn’t real, but a policy decision not to move forward with regulation. And the administration was very clear about that, which is why in Massachusetts v. EPA, the Supreme Court struck it down, because it wasn’t a scientific decision. If the Bush Administration had cloaked that policy choice as a scientific determination, they might have gotten more deferential review. I agree with the Court’s decision in that case, but there is a worry that it creates skewed incentives.

JUDGMENT CALLS AND MANAGING RISK Johnston: Here’s my problem with the greenhouse gas endangerment finding. EPA doesn’t have a bunch of top-flight climate scientists. There are a lot of climate scientists, but not in the EPA. EPA relied primarily on the IPCC’s assessment report and some reports done by the United States Global Change Research Program. The problem is, those assessment reports are not prepared in a way that presents the evidence and the counter evidence. One of the contributors to the book we put out a couple of years ago on institutions and incentives and regulatory science explicitly proposed that assessment reports be done differently. The contributor would do what Mike just explained about the peanut butter and require an opportunity for cross-examination. It has to be a trial-like procedure, at least within the scientific assessment body, at least to the extent that the assessment report fully reflects the different views. It would’ve been a different discussion for EPA if it had used assessment reports that really were transparent in fully revealing areas of active scientific disagreement.

Johnston: I think it would have forced EPA—maybe I’m wrong, and these guys can disagree with me— I think it would have changed the kind of document they would have produced.

Johnston: The uncertainty in science and Cannon: It might have. But endangerment, as your question suggests, is still a judgment.

A lot of people have different opinions about what level of risk reaches the level of endangerment. If everyone agreed on the level of risk and the uncertainty surrounding it, it would be more straightforward.

Johnston: Well, it wouldn’t have mattered in terms of judicial review because the courts are so deferential.

UVAL: So EPA gets the balanced reports and then they decide to make an endangerment finding. They’re getting into policy since they’ve been charged to make a decision.

the actual process of science on the frontier with radically competing viewpoints is not very well understood or represented in the regulatory process. That’s what I think.

UVAL: Do you think that airing all of the competing evidence would have changed the debate?

Livermore: There are two pieces here.

Would it have changed EPA’s judgment about endangerment, and would it have changed the public justification for the endangerment finding? My guess is that the folks at EPA are sophisticated enough that their judgment wasn’t clouded by the setup of the IPCC report. They were aware of the science and I doubt whether it was packaged in a particular way by the IPCC had major consequences for the agency’s own internal deliberations.

UVAL: Maybe it gave them political cover, if nothing else.

Livermore: That’s a different question. I’m

UVAL: But if they had done that—let’s assume they did—how would the result differ?

manage risk, but the content of the information they use to make that decision is not presented as being as uncertain as it is.

assuming that, at least initially, the agency’s just trying to figure out the right answer.

But then there’s the political question, and it’s certainly plausible that if the IPCC report had looked different, the agency’s public justifications would’ve looked different, although I’m not sure that its internal deliberations would have been different.

UVAL: So science, however uncertain its findings, does have a role in defining risk? And policymakers have to make a decision on how to

Johnston: I think it would change the debate. I don’t know about outcomes, but I think it would change the debate.

Livermore: The question is whether it would change the debate in a good way or not. I take this back to the question of public discourse. When one wants to communicate something to someone, you need to be mindful that what you say is not always what the audience hears. It’s not realistic to expect citizens to gain a high level of sophistication on every scientific question with policy implications. We have scientists and experts that specialize in these matters.

If we’re not going to have a population, or even a Congress, that’s composed entirely of scientists, it will be impossible to effectively communicate all the nuances at the frontiers of scientific understanding. And trying to do so might end up causing more confusion than clarity.

UVAL: Thank you very much for your time.

UVA LAWYER / SPRING 2014 33

FACULTY NEWS & BRIEFS

Since 2012 BARBARA ARMACOST ’89 has participated in a unique book project in which pairs of law professors and theologians collaborated. The book explores what various parts of the biblical text might have to say about law and legal institutions.

The group first met in the winter of 2012 for a roundtable conference in which each collaborating pair presented a first draft of its chapter. The reason for the law/theology collaboration was to make sure they were reading the biblical text in a way that did justice to its original context and audience but were also drawing enduring themes that could have something to say about modern legal, institutional, and ethical issues.

Their initial roundtable brought together a diverse group of experts from the disciplines of theology and law. (Law professor contributors included, among others, David Skeel from University of Pennsylvania, Bob Cochran from Pepperdine University Law School, John Nagle

Last fall MARGO BAGLEY presented “Apple v. Samsung and Multinational Patent Litigation” to the J.B. Moore International Law Society at the Law School.

She published Patent Law in Global Perspective, (Ruth L. Okediji and Margo A. Bagley, eds. Oxford University Press, 2014) and one of the included chapters, “Patent Barbarians at the Gate: The Who, What, When, Where, Why & How of U.S. Patent Subject Matter Eligibility Disputes.”

In January she presented that chapter at

from Notre Dame, and John Witte Jr. , from Emory University Law School). The discussion on their drafts was “rich and formative,” according to Armacost. Over the next year, each pair continued its collaboration, applying the insights gleaned from the conference. The book, Law and the Bible: Justice, Mercy and Legal Institutions, was completed in 2013 with an introduction

by Witte. Armacost collaborated with Old Testament scholar, Peter Enns, on a chapter entitled “Crying Out for Justice: Civil Law and the Prophets.”

More recently, Armacost participated in a panel discussion on the case Sebelius v. Hobby Lobby with Doug Laycock and Rich Schragger.

Students from a range of organizations sponsored the panel (St. Thomas Moore, Law Christian Fellowship, and Advocates for Life), which was strategically scheduled for the day before the oral argument in the case.

Armacost is also working on an article entitled “Immigration Policing: Federalizing the Local,” which explores the ways in which engaging state and local police in immigration enforcement changes the shape of policing in ways that are counterproductive to ordinary law enforcement.

Vanderbilt University School of Law. In February Bagley provided expert assistance to the government of Mozambique in the World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore 26th session negotiations

MICHAL BARZUZA published “Noise Adopters” in the Columbia Business Law Review 627.

She was also a panelist at a conference on Financial Regulation and Comparative Corporate Governance at Tel Aviv University and on “Incorporation and the Nevada Delaware Debate, Power and Control” at the Law School in February.

Last year Barzuza participated in conferences and workshops at UCLA, Fordham, Brooklyn, and Vanderbilt.

in Geneva, Switzerland. She also presented “Improving Search and Examination in Developing Country Patent Offices” at South Centre/Third World Network WIPO ICG Side Event in Geneva.

In March Bagley presented “Issues in Patenting Genetic Resource-based Inventions” at the American Chemical Society National Meeting in Dallas and served as a facilitator to the chair of the WIPO IGC 27th session.

UVA LAWYER / SPRING 2014 35

FACULTY NEWS AND BRIEFS …

RICHARD BONNIE ’69 is chairing three consensus studies for the National Academy of Sciences. One study will propose a strategic plan for the federal government to implement a “developmental approach” to juvenile justice reform. The Justice Department’s Office of Juvenile Justice and Delinquency Prevention, the MacArthur Foundation, and the Annie E. Casey Foundation requested the expedited study after the National Research Council released its influential report on juvenile justice reform in 2013. (That study was also chaired by Bonnie.)

The Institute of Medicine asked Bonnie to head a consensus study charged with conducting a comprehensive review of federal and state policies and programs affecting the health, safety, and well-being of young adults, taking account of substantial demographic, cultural, social, and economic changes. The premise for the study is that medical and social science research typically classifies the population in two categories, juveniles/minors (under 18) and adults, without providing an integrated look at the extended transitional period of early adulthood.

A third study, requested by Congress in the Tobacco Control Act of 2009, looks at a very specific legal policy issue—whether the minimum age for purchasing tobacco products should be raised to 21.

In December, the Institute of Law, Psychiatry and Public Policy, headed by Bonnie, released a major report on emergency mental health evaluations in Virginia. It gives an objective and detailed review of Virginia’s emergency mental health system, sheds light on persistent gaps in available services, and illustrates the need for timely access to mental health services, including access to crisis response services and psychiatric beds.

In May Bonnie delivered the Lattimer Lecture at the New York Academy of Medicine. In his lecture, “The Sudden Collapse of Marijuana Prohibition,” he described the emergence of prohibition during the early decades of the twentieth century, reflected on his experience as associate director of the Commission National Commission on Marijuana and Drug Abuse, and traced the uneven pace of reform since the Commission recommended decriminalization in 1972.

In February

BRANDON GARRETT’S book

KEVIN COPE

Too Big to Jail: How Prosecutors Compromise with Corporations is forthcoming from Harvard University Press this summer.

His previous book with Harvard Press, Convicting the Innocent, will have translations in Taiwan and Japan published this year.

This year he has forthcoming “The Constitutional Standing of Corporations” in the University of Pennsylvania Law Review; “Accuracy In Sentencing” in the Southern California Law Review; “Images of Injustice” (chapter in Punishment and Popular Culture, ed. Austin Sarat & Charles Ogletree); “Eyewitness Identifications and

published a blog post on the Summit online international law forum (sponsored by Georgetown Law).

ASHLEY DEEKS has published a book chapter, “Taming the Doctrine of Preemption,” in an edited volume, The Oxford Handbook on the Use of Force, Marc Weller ed., publishing in April.

36 UVA LAWYER / SPRING 2014

In November KIMBERLY EMERY ’91 was appointed by Cynthia Kinser ’77, chief justice of the Virginia Supreme Court, to serve on the new Virginia Access to Justice Commission established

by Court order in September.

Emery is the Commission’s representative for law schools.

Police Practices in Virginia” in the Virginia Journal of Criminal Law; “The Banality of Wrongful Convictions” in the Michigan Law Review (book review of Dan Simon, In Doubt, and James Liebman et al., Los Tocayos Carlos); and “Applause for the Plausible” in the University of Pennsylvania Law Review online.

His commentary includes “Too Big to Jail?” In the Harvard University Press Blog; “For a Better Way to Prosecute Corporations, Look Overseas” in the New York Times (with David Zaring); and “It’s High Time for Lineup Reform” in the Richmond Times-Dispatch.

Garrett also wrote DNA Exonerations in the United States for the United Nations, OHCHR Global Panel, “Moving Away from the Death Penalty: Wrongful Convictions;” and Corporate AntiCorruption Prosecutions in the United States for the fifth session of the International Forum on Crime and Criminal Law in the Global Era. Jon Ashley and Garrett are preparing substantial additions to the data resource collections the Law School’s Morris Law Library

FACULTY NEWS AND BRIEFS …

Last spring

KIM FORDE-MAZRUI was appointed the Mortimer M. Caplin Professor of Law. In October he delivered a lecture in honor of the appointment, entitled “The Canary-Blind Constitution: Must Government Ignore Racial Inequality?” He delivered a similar presentation this January as the keynote Martin Luther King Day lecture at the University of Michigan Law School.

Forde-Mazrui also co-organized two conferences last spring. In March he and Deborah McDowell, UVA Professor of English and Director of the Carter G. Woodson Institute for African-American and African Studies, and Lawrie Balfour, UVA Professor of Politics, organized a two-day conference at UVA, entitled, “Does Reparations Have a Future? Rethinking Racial Justice in a ‘Color Blind’ Era.” In April 2013 Forde-Mazrui, along with R. Richard Banks (Stanford Law) and Guy-Uriel Charles (Duke Law) hosted a two-day roundtable at Stanford during which 20 law professors from around the

maintains on organizational prosecution agreements, both plea agreements, and deferred and non-prosecution agreements.

In November Garrett presented “Wrongful Convictions and the Death Penalty” at the ABA Carter Center Death Penalty Conference and “The Rule of Law and Wrongful Convictions” at the 2013 U.S.-China Legal Experts Dialogue. He also spoke on “The Law and Science of Eyewitness Memory” at the Law School Foundation Board and Faculty luncheon.

In January he gave a talk on contamination of confessions

country gave commentary on their forthcoming casebook, Law and Race: Consensus and Controversy in Twenty-First Century America; R. Richard Banks, Kim FordeMazrui, Guy-Uriel Charles, and Cristina Rodríguez, (Foundation Press, forthcoming 2015).

In fall of 2013 Forde-Mazrui published “Does Racial Diversity Promote Cultural Diversity?: The Missing Question in Fisher v. University of Texas” in the Lewis & Clark Law Review. The article examines the relationship between racial diversity and cultural diversity in higher education, and the implications of that relationship for the constitutionality of race-based affirmative action. Earlier in July, he presented a draft of the article to UVA’s Working Group on Racial Inequality.

Forde-Mazrui delivered several presentations over the past six months. In November he delivered a talk entitled “Two Trends in Affirmative Action Law Revealed

by Fisher v. University of Texas” during a plenary session on Access, Affirmative Action, and Admission that was part of the 2013 Virginia Universities and Race

at a conference at Washington & Lee School of Law, spoke on the constitutional standing of corporations at an American Constitution Society conference at the Law School, and testified in the Virginia House of Delegates, Committee for Courts of Justice, at a Hearing on H.B. No. 805 concerning regulating law enforcement lineup policies.

He also continues to advise law enforcement agencies and DCJS concerning model policies on lineups in Virginia.

In February Garrett gave a talk on eyewitness misidentifications at William & Mary School of Law.

Histories conference held at UVA. In January Forde-Mazrui delivered remarks entitled “Is Johnson’s War on Race Disparities in Infant Mortality Unconstitutional Today?” as part of a conference on President Lyndon B. Johnson’s Great Society and Beyond held at the University of Baltimore School of Law and sponsored by the Mid-Atlantic People of Color Legal Scholarship Conference.

In February he presented an argument in favor of the constitutionality of race-based affirmative action entitled, “Taking the Federalist Society Seriously: A Constitutional Defense of Affirmative Action.” The presentation was part of a debate held at the Law School with Hans von Spakovsky of the Heritage Foundation, sponsored by the Federalist Society and the Black Law Students Association. FordeMazrui also gave a presentation entitled “What Can Race Law Learn from Disability Law?” at a conference on Disabling Normalcy held at UVA. This spring Forde-Mazrui was selected as one of “50 Under 50 Outstanding Law School Professors” in Lawyers of Color, Law School Diversity Issue (2014).

In addition to his vice dean duties, GEORGE GEIS has completed four recent publications: “Shareholder Derivative Litigation and the Preclusion Problem” in the Virginia Law Review; “Gift Promises and the Edge of Contract Law” in the Illinois Law Review; “The Economics of Contract Law: A Business Outsourcing Application,” a chapter in a book published in India on law and economics (Sage); and “Shareholder Power in India,” a chapter in a forthcoming book in the United States on shareholder power (Edgar Elgar press).

Geis has also given recent presentations at the University of Warsaw, the University of Chicago, and the University of Colorado; and taught a short course on applied problem solving at the Georgetown Law School in January.

UVA LAWYER / SPRING 2014 37

FACULTY NEWS AND BRIEFS …

In 2014

In February MICHAEL GILBERT presented “Insincere Rules” at the Law and Economics Workshop at Berkeley’s Law School. He will present the same paper at the annual meetings of the American Law and Economics Association in May. Gilbert presented “The Problem of Voter Fraud” at the Constitutional Law Schmooze at the University of Maryland in February. He presented the same paper at the annual meetings of the Midwest Political Science Association in April. He also participated in a symposium titled “The Future of Campaign Finance Reform” at Duke Law School.

In the fall RISA GOLUBOFF gave her John Allan Love Chair Lecture at the Law School, “People out of Place: A Constitutional History of the Long 1960s.” She gave the same lecture at the American History Seminar of the Woodrow Wilson International Center for Scholars and the American Historical Association, which was aired on CSPAN, and at George Washington University.

Goluboff was a guest on the radio show Backstory with the American History Guys, discussing the history of the Fair Labor Standards Act. In June Goluboff will moderate a discussion with Todd Purdham on his book on the Civil Rights Act of 1964 for the Aspen Institute’s monthly lunchtime book series. And in September she will moderate a seminar on constitutional history for the Congressional Research Service’s launch of “The Constitution of the United States of America: Analysis and Interpretation” (CONAN), at the Library of Congress.

DEENA HURWITZ received grants from the UVA Center for Global Inquiry & Innovation to pursue research with a colleague in the Politics Department, Jonah Schulhofer-Wohl, on women’s rights, Islam, and the rule of law. They will begin this research in Palestine this May. Hurwitz taught a session on Human Rights and Islam for the Judge Advocate General Legal Center & School Emergent Topics Course in March, and she has been invited to be a UVA Center for Global Health Faculty Fellow.

She is participating in the UVA-Department of State “Diplomacy Lab” Project, supervising three inter-disciplinary student teams on Assessing the Efficacy of Transitional Justice Mechanisms; Mapping and Analysis of Pro-LGBT Work by Religious Organizations; and Legal Reform Under Shari’a Law. Hurwitz is supervising students in the Human Rights Clinic who have drafted a training module on maternal health rights for the Guatemala based Women’s Justice Initiative (founded by Kate Flatley ’08); writing an amicus brief for the African Commission on Human Rights on the violations of the rights of Eqyptian women protesters who were subjected to forced virginity tests in the custody of the Egyptian military; working on a legislative project concerning government accountability for corporate human rights violations, and a petition to the Inter-American Commission on Human Rights in a Virginia case involving access to justice, gender, race and socio-economic discrimination, in the context of contested custody and child sexual abuse.

38 UVA LAWYER / SPRING 2014

ANDREW HAYASHI has published three articles: “Property Taxes and their Limits: Evidence from New York City” will be appearing in the Stanford Law and Policy Review; “The Legal Salience of Taxation” will be published in the University of Chicago Law Review; and the third is a short response piece to Ryan Bubb and Richard H. Pildes’s piece: “How Behavioral Economics Trims Its Sails and Why” Hayashi wrote with Michael Livermore and Quinn Curtis that will appear in the Harvard Law Review Forum.

Hayashi is currently working on three other projects; the effects of state mortgage foreclosure laws on household credit use; developing an economic analysis of legal rules that incorporate subjective intent; and a third that explores the potential benefits of setting off, or “netting,” government taxes and transfers to individuals across different programs and different levels of government.

In January Penn Press published Does Regulation Kill Jobs? (edited

by Cary Coglianese, Adam M. Finkel & Christopher Carrigan), which included a chapter authored

by MICHAEL LIVERMORE (with Jason Schwartz) titled “Analysis to

FACULTY NEWS AND BRIEFS …

Inform Public Discourse on Jobs and Regulation.”

Another chapter by Livermore, “Environmental Law and Economics” (with Richard L. Revesz), will appear in the Oxford Handbook of Law and Economics.

In April Livermore, along with Quinn Curtis and Andrew Hayashi, published an invited response in the Harvard Law Review Forum to “How Behavioral Economics Trims its Sails and Why” by NYU Law Professors Ryan Bubb and Richard Pildes. In their response, Curtis, Hayashi, and Livermore discuss and critique the role of behavioral economics theory in informing real-world regulatory policy.

In May Livermore was hosted by Ambassador Julissa Reynoso at the U.S. Embassy in Montevideo, Uruguay, for a multi-day visit with academics and government officials on his recently published book “The Globalization of Cost-Benefit Analysis in Environmental Policy” (Oxford University Press, 2013) (ed. with Richard L. Revesz). He also presented his forthcoming article “Rethinking Health Based Environmental Standards” (NYU Law Review, also with Revesz) at the American Law and Economics Association Annual Meeting at the University of Chicago.

In November DAVID MARTIN participated in a roundtable hosted by Yale Law School titled “Immigration Reform: The Good, the Bad, and the Possible.” Convening academics and activists, the conference analyzed the bill that passed the Senate by a wide margin in June 2013, assessed prospects for the House to pass its own bill, and considered possible scenarios if legislation is not finalized in 2014.

Later that month Martin participated in a U.S.–China Legal Experts Dialogue, convened at the Morven Estate in Charlottesville by the U.S. Department of State and the Chinese Foreign Ministry to consider ruleof-law reforms.

Also in November Martin appeared in a lengthy dialogue on the PBS News Hour, moderated by Gwen Ifill, discussing the extent of the President’s power to exercise prosecutorial discretion in implementing and enforcing the immigration laws.

In December Martin was invited to give the opening presentation to a different group of 40 Chinese officials and academics investigating migration management

In January RUTH MASON presented at a Pepperdine tax analysts conference on “Tax in a Time of Crisis.” In February she presented “International Law Constraints on U.S. International Tax Policy” at the Urban Institute in Washington, D.C., and gave a talk at the University of Minnesota moderated by the Chief Judge Delapeña of the Minnesota Tax Court on federal-state tax-base conformity.

In April and May Mason will present her paper on citizenship taxation at faculty workshops at Washington and Lee, Tulane, the Max Planck Institute in Munich, and the Sorbonne in Paris. Also in May Mason will participate in a panel at Bocconi University in Milan on base erosion and profit shifting. She will also serve with Josh Blank of NYU as reporter for the United States to the European Association of Tax Law Professors Annual Congress. The Congress will take place in Istanbul and will focus on strategies to combat off-shore tax evasion.

systems in other countries. The group came to the Law School for this lengthy session.

Martin lectured and provided materials on the structure and history of U.S. immigration controls.

In February Martin was part of a bipartisan group of six former government officials, which included former Attorney General Michael Mukasey and former INS Commissioner James Ziglar, filing an amicus brief urging the granting of certiorari in Acebo-Leyva v. Holder. The brief asked the

Court to resolve a circuit conflict over the retroactive effects of certain provisions in the 1996 Immigrant Responsibility and Illegal Immigration Reform Act. A few weeks later, the Board of Immigration Appeals issued a new precedent decision holding that the provision in question should not be applied retroactively—the interpretation urged in the amicus brief.

In March Martin was a panelist at a conference at Yale Law School, “The Globalization of High Seas Interdiction,” held on the twentieth anniversary of the Supreme Court’s decision in Sale v. Haitian Centers Council. That decision found no domestic or international law violation in the U.S. government’s then-extant policy of interdicting Haitian migrants and returning them to Haiti without screening for refugee claims. A 2012 decision of the European Court of Human Rights, in contrast, found multiple legal violations in similar practices conducted by Italy. Martin’s contribution, voicing focused skepticism regarding the ECHR decision, was published on the Opinio Juris blog.

UVA LAWYER / SPRING 2014 39

FACULTY NEWS AND BRIEFS …

JOHN MONAHAN wrote the afterword to Violence Risk-Assessment and Management: Advances Through Structured Professional Judgment and Sequential Redirections (2d ed.) by Webster, C., Haque, Q., and Hucker; “Risk Redux: The Resurgence of Risk Assessment in Criminal Sanctioning” (with Skeem, J.) in Federal Sentencing Reporter; and Social Science in Law: Cases and Materials (eighth edition, with Larry Walker).

He has in press “Legal Process and Social Science: United States” in The International Encyclopedia of Social and Behavioral Sciences, 2nd Ed.,(R. Greenspan and K. Levine, Eds); “The Evolution of Violence Risk Assessment” (with Skeem, J.) in CNS Spectrums; and “Social Science in Law: Continuity and Change” (with Walker, L.) in the Oxford Handbook of Psychology and Law (Melton, G. B., & Ogloff, J. R. P. (Eds.).

The 38th annual conference of the Center for Oceans Law and Policy, which JOHN NORTON MOORE directs, will take place this June in Bergen, Norway. The conference topic is Challenges of the Changing Arctic: Continental Shelf, Navigation, and Fisheries. The volume of papers from this conference, which Moore will co-edit, will be published by Martinus Nijhoff in early 2015. The volume of papers from the 37th annual conference, Freedom of Navigation and Globalization (forthcoming 2014), is in preparation and is co-edited by Moore, Myron Nordquist, and Robert Beckman.

The 19th session of the Rhodes Academy of Oceans Law and Policy will take place this summer in Rhodes, Greece. Moore will teach four classes at the academy.

This June the Center for National Security Law, which Moore also directs, will host its 22nd National Security Law Institute.

Moore will teach classes at the Institute on Understanding War, Institutional Modes of Conflict Management, and the Use of Force in International Relations.

The center will co-sponsor with the ABA the 24th Annual Review of the Field of National Security Law Conference November 6–7 in Washington, D.C. In November of 2013 the ABA’s Standing Committee on Law and National Security presented Moore with the Morris I. Leibman Award in Law and National Security, which is among the highest honors given to national security lawyers.

In February of this year Moore spoke on international investor-state arbitration at the Law School colloquium, “Crossing Borders: Rethinking International Development,” and he participated in the workshop, National Security Law: A View from the Inside, also held at the Law School.

GREG MITCHELL received the University of Virginia’s 2014 All-University Teaching Award (see the Law School News section for related article).

Mitchell and his co-author Philip Tetlock participated in the Critical Review’s symposium on Neil Gross’ book, Why Are Professors Liberal and Why Do Conservatives Care? Mitchell and Tetlock are also publishing a chapter on implicit prejudice research in the forthcoming book Psychological Science Under Scrutiny: Recent Challenges and Proposed Solutions.

40 UVA LAWYER / SPRING 2014

In February ROBERT O’NEIL and Barrett Prettyman, Jr. ’53 shared the podium for a retrospective law clerks’ review of the careers of several Supreme Court Justices. The program took place in the federal courthouse in Oklahoma City (a new building across from the Murrah Courthouse Plaza and Memorial Park.) It was sponsored by the Oklahoma City Federal Bar Association under the aegis of a 10th Circuit judge and brought out all the federal and many state judges and local lawyers.

O’Neil was there in person while Prettyman appeared via video conference—he recalling Justices Jackson and Frankfurter for whom he clerked, while O’Neil recalled Justice Brennan as a mentor.

In January DOTAN OLIAR published “Copyright Preregistration: Evidence and Lessons from the First Seven Years, 2005–2012” (with Nicholas Matich) in the Arizona Law Review. This is a quantitative and interview-based study of copyright’s recently-established early registration system of yet to be completed copyrighted works. It is relied upon heavily in the movie industry. Oliar also presented “Who’s Copyrighting What: An Empirical Analysis of Copyright Registrations” at the University of Texas Law School. The article was selected for presentation at the 24th annual meeting of the American Law and Economics Association in May at the University of Chicago. The article, co-authored with Nate Pattison and Ross Powell, is an empirical study of copyright registrations, and will be published in the Texas Law Review later this year.

FACULTY NEWS AND BRIEFS …

In March 2013 MILDRED ROBINSON moderated a panel at Symposium 40th Anniversary—San Antonio v. Rodriguez at the University of Richmond School of Law. Robinson published “It Takes a Federalist Village: A Revitalized Property Tax as the Linchpin for Stable, Effective K–12 Public Education Funding” as an article in the Richmond Journal of Law and the Public Interest and as a book chapter in The Enduring Legacy of Rodriguez: Creating New Pathways to Equal Educational Opportunity (tentative title).

Her essay, “Skin in the Tax Game: Invisible Taxpayers?

Invisible Citizens?,” is forthcoming in the Villanova Law Review.

The essay is based upon her lecture as the 2014 Dr. Martin Luther King, Jr. Memorial speaker at the Villanova University School of Law in January.

In January GEORGE RUTHERGLEN attended a conference at Stanford on the 50th anniversary of the Civil Rights Act of 1964 and is scheduled to attend another at Boston University in October.

His papers for these events are “Title VII as Precedent: Past and

Prologue for Future Legislation” and “Private Rights and Private Actions:The Legacy of Civil Rights in the Enforcement of Title VII.” In addition Rutherglen is publishing articles on “Sovereignty, Territoriality and the Enforcement of Foreign Judgments” in the Virginia Journal of International Law (with James Stern); “The Origins of Arguments Against Reverse Discrimination: Lessons from the Civil Rights Act of 1866” in The Greatest and Grandest Act: The Civil Rights Act of 1866 from Reconstruction to Today (Christian Samito, ed. 2014);

In March FRED SCHAUER delivered the Julius Stone Address at the University of Sydney (Australia) with the title “Do People Obey the Law?,” and published “Modeling Tolerance” in the Journal of Institutional and Theoretical Economics, and “Analogy in the Supreme Court: Lozman v. City of Riviera Beach” in The Supreme Court Review.

He also published “Stare Decisis and the Selection Effect” in Precedent in the United States Supreme Court (C.J. Peters, ed.), and will be publishing “Our Informationally Disabled Courts” in Daedalus (special issue on courts, Linda Greenhouse & Judith Resnik, editors) in August.

Schauer also taught sessions on “Constitutionalism,” “Constitutional Rights,” and “Constitutional Interpretation” at the Masters Course in Legal Theory at University of Genoa, Italy; presented “Free Speech on Tuesdays” at University of Chicago Law School; and spoke on “Civil and Common Law Constitutionalism” and “Free Speech in Comparative Perspective” at University of Lucerne in Switzerland, and on “A Right to Know?” at a conference on Philosophy of Information at Duke University.

“The Thirteenth Amendment” in American Governance (Laurie Malashenko ed. 2014); and

“Sovereignty, Authority, and Personal Jurisdiction: Decisions in Search of Rules.”

Last fall RICH SCHRAGGER participated in drafting an amicus brief in support of the government in Sebelius v. Hobby Lobby Stores, Inc., which was argued in March at the Supreme Court. In April he presented a chair lecture on “Can Cities Govern?” marking his appointment as the Perre Bowen Professor of Law.

UVA LAWYER / SPRING 2014 41

FACULTY NEWS AND BRIEFS …

In June BARBARA SPELLMAN was an invited guest to the White House celebration of Champions of Change for Open Science.

She was elected to the governing board (as a member-at-large) of the section on psychology, American Association for the Advancement of Science for the term 2014–18. Spellman continues as editor in chief of the journal Perspectives on Psychological Science until 2015.

She has published “Blame, Cause, and Counterfactuals: The Inextricable Link,” a comment on: “A Theory of Blame” in Psychological Inquiry (with Gilbert, E. A. and in press); “Is Expert Evidence Really Different? (with Schauer, F.) in the Notre Dame Law Review; “Stereotypic Crimes: How Group-Crime Associations Affect Memory and (Sometimes) Verdicts and Sentencing” (with Skorinko, J. L.) in Victims & Offenders; “Social Cognition and the Law” (with Schauer, F.) in the Oxford Handbook of Social Cognition (D. Carlston (Ed.); and “There is No Such Thing as Replication but We Should Do it Anyway,” a comment on “Recommendations for Increasing Replicability in Psychology” in the European Journal of Personality.

PAUL STEPHAN ’77 is one of the reporters for the Restatement (Fourth) of the Foreign Relations of the United States-Jurisdiction. They presented a council draft to the ALI Council in January, received approval, and a tentative draft representing a portion of the overall project will be presented to the ALI membership for discussion and approval in May. In February Stephan presented at a workshop at Duke his paper, “Courts on Courts,” which was just published by the Virginia Law Review. In March Stephan moderated a panel on the “Law of Nations” at the colloquium organized by the Virginia Law Review.

42 UVA LAWYER / SPRING 2014

In April Stephan took part in a panel discussion of the Restatement at the annual meeting of the American Society of International Law and at the Potomac Valley Foreign Relations Law Roundtable hosted by GW Law School.

In May Stephan will host and serve as a commentator for the Southeastern Branch of the American Society of International Law Young Scholars’ Workshop at the Law School. He will also take part in a conference, and deliver two papers, at Sapienza University in Rome on the topic of the political economy of international law and will be a scholar in residence in the London offices of Wilmer Hale.

In July Stephan will teach public international law in the University of San Diego’s Paris summer program.

Spellman has also conducted a number of workshops and talks about trends in psychological science and other life sciences that question research and publication practices. One was based on her book in-progress, The Evolution of the Revolution, at the invited symposium, The Replication Revolution: One Year On, at the annual meeting of the Association for Psychological Science in May. Last year she lectured on “Putting Humpty Dumpty Together Again: (Re)Creating a Whole and Healthy Psychological Science” at the University of Amsterdam and Tilburg University in The Netherlands; held a workshop on “Psychological Foundations of Evidence Law” at Cardozo School of Law; delivered “Research Revolution 2.0: Whence and Whither? The View from a Journal Editor” at the symposium Best Practices of the Society for Experimental Social Psychology in Berkeley, Calif.; discussed “Building a Better Psychological Science: Good Data Practices and Replicability” at the European Society for Cognitive Psychology and Association for Psychological Science in Budapest, Hungary; and was a panelist on “Replication and Reliability in Research: Views from Editors, Program Officers and Publishers” at the Association for Psychological Science Convention in Washington, D.C.

Last September TED WHITE made presentations at two conferences, one sponsored by the Law School and the Miller Center on “Charles Beard and the Constitution,” and the other by the Law School on “Compelled Commercial Speech.”

Articles that White wrote in connection with those conferences are appearing this year under the titles “Charles Beard and Progressive Legal Historiography” and “The Evolution of Compelled Commercial Speech” in, respectively, Constitutional Commentary and the Virginia Journal of Law and Politics.

In February he presented at a panel discussion in the Stanford Law School conference on “The Role of History in Constitutional Law.” In May White was on a panel with James McPherson of the history department at Princeton University on “Holmes and the Civil War,” sponsored by the Supreme Court Historical Society.

The panel discussion took place at the Supreme Court of the United States.

In September he will be making a presentation at the Law School Symposium on History and Jurisprudence, and in October will be giving a faculty workshop at the law department of Edinburgh University in Scotland on constitutional jurisprudence in the New Deal period.

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 September 15 for inclusion in the next issue.

1951

1953

MARGARET “PEGGY” G. SEILER

mid-1960s when Peggy

GEORGE G. SNARR, JR. died

1961–96, and served on

and gift taxation, probate

died on July 6, 2013. Peggy

and her family lived in the

on January 9, 2013, at

the Winchester Board of

and family planning, and

served in the Women’s

Philippines, she taught

the age of 83. Following

Zoning Appeals and the

succession.

Army Corps from 1944

English at the American

graduation from the

Frederick County Planning

to 1945 after graduating

School in Manila. Later, in

Law School, he served in

Commission. He was the

magna cum laude from

New Jersey, she served as

the counterintelligence

club tennis champion at

Sweet Briar College.

legal counsel to the New

branch of the U.S. Army

the Winchester Country

Following her service

Jersey Commission on Chil-

in Japan. After military

Club for a number of years.

in the war, she taught

dren and Youth and was

service, he practiced law

English at the University of

an editor at Prentice Hall

in Winchester, Va., for

Georgia. While at the Law

legal publishers. She was a

four decades. He began

School she was the first

founder of the Richmond

with Massie, Snarr and

female staff member of

Friends of the Library, a

Monahan and retired

MARK H. BERLIANT is listed

the Virginia Law Review.

former member of the

from Snarr, McCandlish

in Best Lawyers 2014 in

Richmond Junior League,

and Rockwood in 1996.

tax law. He has been

career with Cleary Gottlieb

and a parishioner at St.

He was a magistrate

recognized by Best Lawyers

in Washington, D.C., and

Paul’s Episcopal Church

judge and a substitute

for 31 consecutive years.

finished as an associate at

and St. James Episcopal

judge in Virginia’s 26th

He is of counsel with

McGuire, Woods & Battle

Church in Richmond.

Judicial Circuit Court,

Strauss Troy in Cincinnati,

a Commissioner in

Ohio, where he focuses his

Chancery, Circuit Court

practice in real estate de-

of Frederick County from

velopment, federal estate

Peggy started her law

in Richmond, Va. In the

1957 JANET R. DUGAN writes that she plays golf two days

1956

a week, duplicate bridge three days a week, and sells real estate two days a week.

UVA LAWYER / SPRING 2014 43

CLASS NOTES …

1958

Grievance Symposium

by TED TORRANCE

this April.

Corresponding Secretary 1955 Windward Way

MARTIN FLANAGAN, in a

Vero Beach, FL 32963

most informative note,

Email: etorr@cox.net

says his practice in West Palm Beach over

The following notes reflect

the years evolved into

contacts your scribe has

one primarily devoted

had with members of our

to defending General

class over the last sev-

Motors, Ford, AMC, and a

eral months. As a practical

number of tire manufac-

matter, I am limited in my

turers against product

contacts to those 44 class-

liability claims. His work

mates who have provided

involved considerable

the Law School with e-mail

travel over the years,

addresses, leaving some

but starting in the 1980s

32 fellow alumni out in the

he and his wife saw the

cold. If you have not done

world for pleasure, via

so already, I strongly urge

home exchanges in

you to provide the School or

Vienna, Berlin, Paris, and

me with an email address at

other European sites, and

which you can be reached.

even Manhattan, plus a three-month motor

Allan and Nancy Johnson

JIM ATKIN reports he is

home trip to Alaska in the

still living in Roanoke, the

1990s. Alas, after a while

his license to practice law

Nancy and ALLAN

playing the trumpet in

hometown of his wife,

he had had enough of

(as has your scribe), after

JOHNSON—exhibit A to

three amateur bands.

Dottie, who passed away

retirement, so he joined his

retiring about 10 years

Allan’s description of

several years ago. He is

sonʼs law firm in West Palm

ago. Bill had 25 years

Anguilla, the Johnsonsʼ

A short note sent along by

fighting the effects of Old

Beach, where he handles a

of practice in New York

winter retreat for a good

DOUG MACKALL: He contin-

Man Age by workouts in

variety of trial preparation

City followed by 21 years

number of years, as being

ues to live in McLean, Va.,

his local gym some five

work for other attorneys in

as general counsel at

“tranquility wrapped in

but also has a condo-

days a week.

the office.

Rockefeller University.

blue paradise.” Allan: keep

minium in Charlottesville,

those pictures coming, in

which serves as his base

ALAN DIAMONSTEIN

Our perennial

LARRY GRIM chimed in

particular those of Nancy!

for attending a variety of

describes his eight years of

nexus to the Law School,

with the notation that

service on the Universityʼs

FRED GOLDSTEIN, keeps

his secretary of 50 years

FRED LANDESS reports that,

Board of Visitors, which

active in a variety of

retired from his firm with

following the death of his

assessment: “Life couldnʼt

he completed last year,

University matters, and

considerably more fanfare

wife, Kitty, in 2012, after 58

be better.” Letʼs see—where

as “a wonderful oppor-

at the time of this writing

than was accorded Larry

years of marriage, he has

do I get those tickets?

tunity and a marvelous

he is scheduled to attend

himself. I sense he was

moved into a cottage at

experience.”

a meeting of the Virginia

somewhat miffed. He was

Westminster Canterbury

I had a good telephone

Tax Study Group in

apparently shaken more

of the Blue Ridge, a life

chat with HOBART

Charlottesville in mid-April.

by a long-ignored stom-

care retirement facility in

MCWHORTER. He is still

achache that eventually

Charlottesville. Fred keeps

practicing in Birmingham,

BILL EDWARDS is “still kicking and practicing law” in

Virginia sporting events via season tickets. Dougʼs

Corpus Christi. He speaks

A winter resident of Dobbs

called for the removal of

busy by attending to his

and indeed will be han-

of a nationwide personal

Ferry, N.Y., but summering

his gallbladder—a much

three children and five

dling what he describes as

injury practice and of

in Chamberlain, Me.,

bigger deal than it needed

grandchildren, playing

his “last jury trial” in April,

his invitation to address

BILL GRIESAR reports that

to be, he says. A lesson

tennis, attending exercise

following which he intends

the State Bar of Texas

he has finally given up

for us all.

classes regularly, and

to pursue his favorite

44 UVA LAWYER / SPRING 2014

CLASS NOTES …

sport of fishing along the

I will get a first-hand report

years ago. But there is

week in the Caribbean,

to testify about a defen-

Gulf coast. Last October

on the Oram family then.

a happy ending: Bertʼs

two weeks on a relocation

dant’s uncivilized conduct

granddaughter is receiving

cruise from St. Martin

toward her. The girl found

Hobart had open-heart surgery, which makes him,

TOM and Mina OTIS say

her degree from the Law

to Lisbon (non-stop,

the courtroom atmo-

along with your scribe,

they have adopted a

School this May, and she

hopefully), Easter in Surrey,

sphere to be intimidating

a member of the Zipper

rigorous annual schedule:

has arranged to have Bert

England, and a week in

and became unable to

Club, so named because of

golf at Yeamenʼs Hall

march with her class—and

Dublin. No moss growing

speak. Bill shortly realized

the distinctive scar left on

Club in Charleston, S.C.,

has even picked out a

on the Williams stone.

that the outward symbols

oneʼs sternum from that

in November and March,

cap and gown for him.

kind of procedure.

tennis in Boca Grande, Fla.,

Grandchildren can be

SWAN YERGER called me

of the law were working

in January and February,

wonderful surprises!

from Jackson, Miss., where

at cross-purposes with its

since 2010 he has been

spirit. He stepped down

of the majesty and gravity

Last October Richmond

and involvement in both

UVA alumni created the

sports the balance of

BOB SMITH, along with his

enjoying retirement after

from the bench, removed

JOHN F. MERCHANT Book

the year at their home in

niece, has co-authored the

38 years of private practice

his judicial robe, and sat

Award, pursuant to which

South Dartmouth, Mass.

2014 (and 22nd) edition of

followed by 14 years as a

down cross-legged on the

Westʼs Tax Law Dictionary,

judge on the Hinds County

courtroom floor, inviting

up to 50 high school seniors in the Richmond

At age 83, a milestone

scheduled for publish-

Circuit Court. He said

the little girl to sit wher-

area will receive copies

most of us have either

ing this past February.

he loves retirement and

ever she pleased, so that

of Johnʼs autobiography,

passed or are fast ap-

Classmates will recall that

keeps active as a member

he would be at her eye

A Journey Worth Taking,

proaching, FOSTER PETTIT

Bob also authored Law

of the board of governors

level. Speaking to her as

and in March, John was

says he is “sitting up and

and Lawyers in the United

of the Mississippi Institute

an equal, “as gently as he

scheduled to be a member

taking nourishment”

States, making him one of

of Arts and Letters—not to

would to one of his own

of a panel presenting the

in Lexington, Ky., and

our more prolific writers.

mention as an enthusiastic

grandkids at a birthday

subject “Memoirs of Civil

enjoying the company of

supporter of Ole Miss

party,” he put her at ease.

Rights and Changes” at

five grandchildren, one of

With no thought of retire-

athletics.

She was able to testify, and

the 20th annual Festival of

whom will be graduating

ment, JIM THORNTON is still

the Book in Charlottesville.

from George Washington

managing money in New

It is never too late to

made Columbus, in one

John says he is seriously

University this May.

York City. Although the

include a gem about

particular but nontrivial

city’s new mayor seems to

one of our classmates. I

respect, a safer and better place.”

considering attending

“a successful prosecution

his daughterʼs 20th Law

BEN PHIPPS says he is still

espouse income equality,

recently came across the

School reunion this May,

pretending to work full-

Jim says his clear prefer-

obituary in the Amherst

recalling that he was

time in Tallahassee, but

ence is for inequality. He

Magazine for BILL MILLARD,

I send my grateful thanks

the principal speaker

that itʼs really about a 70

has moved back into his

who died in 2010. Bill was

along to all of you who

at her commencement

percent rate. He reminds

home in Lawrence, Long

a trial lawyer for some 30

made the foregoing

proceedings.

us all of the Class of 1958

Island, after dealing with

years in Columbus, Ohio,

report possible. I urge all

Hardy Dillard Scholarship

the ravages of Superstorm

and then served two terms

classmates to consider

I have been in touch with

Fund, a most worthy cause

Sandy, but if any reader is

as a judge in the Franklin

news contributions for

JOHN ORAM by telephone.

that always appreciates

attracted to “a good view

County Court of Common

the next issue of UVA

He and Sonia continue to

donations.

of marsh and a navigable

Pleas. The author of the

Lawyer, especially

creek; dike to be repaired;

obituary, one of Bill’s sons,

those who, for whatever

live at The Landings on Skidaway Island, outside

A telephone call from

government promises,” Jim

said that Bill alternated

reasons, have elected to

Savannah, but unfortu-

BERT SACHS, from Boynton

has just the place for you.

between civil and criminal

remain silent to date. I

nately back problems

Beach, Fla.: He recalled for

dockets, but did not

can be reached at 1955

have caused him to curtail

my benefit that, due to a

HENRY WILLIAMS continues

relish hearing the things

Windward Way, Vero Beach,

seriously his golfing on the

need to report immedi-

in some kind of time warp

that came to light during

FL 32963; by email at

six (6!) great courses there.

ately to Norfolk for a court

by continuing to sail and

certain criminal trials.

etorr@cox.net; and by

One of the purposes of my

clerkship, he never got to

ski in upstate New York

phone call was to cadge

march with the rest of us

and at Mt. Tremblant,

proceeding a young girl,

a nightʼs lodging on my an-

in our commencement

Canada. Plans for this

barely old enough to take

Best wishes to all for a good

nual drive north in May, so

proceeding those many

winter season include a

the stand, was called upon

summer!

During one such

telephone at (772) 234-6765.

UVA LAWYER / SPRING 2014 45

CLASS NOTES …

1960

50 years. He’s now in his

1965

52nd year of practice. He

he focuses his practice on

1969

insurance defense,

T. MAXFIELD BAHNER was

has been listed in Best

TOM MURRAY is a trial at-

insurance coverage,

GARLAND ALLEN practices

honored by the Kiwanis

Lawyers and Super Lawyers

torney who for the past 15

workers’ compensation,

state and local tax law

Club of Chattanooga,

since the beginning of

years has focused his work

construction, and

part-time in Santa Monica,

Tenn., with the 2014

those publications. He

on representing clients in

legal ethics.

Calif., where he and

Distinguished Service

is a member with Hand

sudden acceleration cases

Award for outstanding

Arendall, in Birmingham,

brought against automo-

GENE D. DAHMEN was se-

moving from Chicago

community leadership.

where he is chairman of

bile manufacturers in the

lected for inclusion in the

in 2002. He promotes

He is a senior member

the municipal law practice

United States, Canada, and

2013 New England Super

state efforts to adopt

of the litigation section

group.

the United Kingdom. Tom

Lawyers and Best Lawyers

the ABA Model State

is a frequent commentator

2014 in family law. She is

Administrative Tax Tribunal

of Chambliss, Bahner

Farrokh have lived since

& Stophel, where he

Colonel ROBERT D.

in the media on sudden

senior counsel with Verrill

Act (in Georgia and Illinois

concentrates his practice

HOAGLAND writes that he

acceleration. His recent

Dana in Boston, Mass.

so far). He is treasurer and

on complex litigation.

is engaged to be married.

book, Deadly by Design:

He notes that he is only

The Shocking Cover-up

RICHARD N. GREATWOOD

77 years old and the date

Behind Runaway Cars,

is teaching a seminar in

is not set yet.

board member of Death

1968

Penalty Focus, which works to abolish the death

details the story of the

penalty in California. In

elder law for the fifth year

legal battle fought against

2012 it was a close vote,

at Barry University Law

the auto industry and

losing 52 to 48 percent.

the cover-up of faulty

“We do lots of fun stuff,

as adjunct professor. He

electronic systems that

too,” he writes. “We’re

wrote that he was looking

have caused the injury

grateful for the life we are

forward to the Jefferson

and death of thousands

living and look forward to

Uncorked event on the

of people. (See http://tom-

our 45th reunion in May.”

subject of education in an

murray.com and In Print.)

School in Orlando, Fla.,

1963

online setting hosted by

REID H. ERVIN was recog-

the UVA Club of Orlando.

1967

nized by Virginia Business

HAROLD W. MULLIS was

as among Virginia’s legal

PHILIP V. MOYLES recently

WILLIAM R. RAKES has been

honored with the H.L.

elite in the field of labor

established an award

named Best Lawyers’

Culbreath Jr. Profile in

and employment law for

in honor of his mother

Roanoke Lawyer of the

Leadership Award for 2013

2013. He is principal of

and father at Mount St.

Year 2014 for appellate

by the Greater Tampa

Reid H. Ervin & Associates

Mary’s University, his alma

practice and bet-the-

Chamber of Commerce at

in Norfolk.

mater. The award is given

company litigation and is

the annual chamber

to a third year student

listed in Super Lawyers

meeting. He is vice chair of

WILLIAM H. HOBSON moved

in the pre-law studies

Business Edition for

the University of South

his trusts and estates

curriculum. “Hopefully, a

business litigation. He is

Florida’s board of trustees

practice to Summers

recipient will apply to the

senior partner with Gentry

J. RUDY AUSTIN has been

and is a shareholder and

Compton Wells in Clayton,

Law School,” he writes.

Locke Rakes & Moore,

named to the Super

founding member

Mo., in May 2013.

where he chairs the

Lawyers Business Edition for

currently serving as

banking and finance

civil litigation defense. He

president with Trenam

GORDON D. SCHRECK was

group. He focuses on

was also recognized in

Kemker. He is listed in Best

appointed distinguished

advising banks and other

Virginia Business as among

Lawyers 2014 in corporate

visiting professor of

FRANK C. GALLOWAY, JR. was

financial entities on

Virginia’s legal elite in 2013

law and mergers &

admiralty and maritime

recognized by the Alabama

governance, regulatory,

in construction law. He is a

acquisitions law.

law at Charleston School

State Bar Association

and securities matters and

senior litigation partner

of Law for the 2013–14

and the Birmingham Bar

handles commercial

with Gentry Locke Rakes &

academic year. He contin-

Association in 2012 for

litigation for a variety of

Moore in Roanoke, where

ues to practice as senior

having practiced law for

businesses.

1962

46 UVA LAWYER / SPRING 2014

CLASS NOTES …

partner in the Charleston

LYNN GROSECLOSE retired

celebrates its 20th an-

Federal judge

office of Womble, Carlyle,

from his active medical

niversary in 2014. Bottini

ARTHUR J. SCHWAB ’72 of the U.S.

Sandridge & Rice.

malpractice defense

opened the firm’s China

District Court, Western District

practice at the end of

office there in 1994.

of Pennsylvania, received an

1970

2013. He will continue as

honorary membership in the

a mediator. He has been

The Honorable LOUIS

Federal Bar Association Western

recognized in Florida Super

A. SHERMAN retired as

Pennsylvania Chapter on

ROBERT W. BENJAMIN serves

Lawyers since 2006, has

an active judge of the

on the board of directors

been rated by Martindale

circuit court of the City of

his judicial accomplishments. He also received the

of FCCI Mutual Insurance

as AV pre-eminent, and

Norfolk, effective January

2012 Conflict Resolution Day Award from the

Company, a large, Florida-

listed as a Tampa Bay top

1, 2013. He continues to

Mediation Council of Western Pennsylvania for his

based, regional property

lawyer. “I’m grateful for the

serve as a retired/recalled

leadership and support of the Alternative Dispute

and casualty insurance

education UVA provided

judge. He is married to

Resolution Program. Schwab was chair of the Court’s

company writing policies

and the career it engen-

Carol M. Sherman and

ADR Committee from February 2004 to

in 15 states.

dered,” he writes.

is the father of sons Eric

October 2013.

November 6 in recognition of

and Scott, who graduated

Since the ADR program began, the western

CHARLES H. MAJORS was

from the UVA Schools

district has reduced the number of cases pending

honored by the Danville,

of Medicine in 2002

for three or more years by 63 percent and reduced

Va., Kiwanis Club as

and the McIntire School

the number of motions not decided within six

Danville’s Citizen of the

of Commerce in 2001,

months by 83 percent. Recent statistics issued by

Year. After 20 years of law

respectively.

the administrative office of the U.S. courts now place

practice, he served for

the Western District of Pennsylvania in the top 9.5

20 years as president and

MARK E. SULLIVAN received

percent of federal courts with respect to the length

chief executive officer of

the distinguished service

of time for civil cases to resolve and the amount of

American National Bank

award from the Standing

time to decide civil case motions.

KENNETH M. GREENE was

and Trust Company, a

Committee on Legal

selected for North Carolina

$1.3 billion bank serving

Assistance for Military

Super Lawyers 2014 in

southern Virginia and

Personnel at the ABA

professional malpractice

banking law. He is director

northern North Carolina,

annual meeting in August.

law-defendants lawyer of

and shareholder with

and is currently executive

He is principal of Sullivan

the year. He is with Porter

Carruthers & Roth in

chairman of the bank.

& Tanner in Raleigh, N.C.,

Wright.

Greensboro, where he

He served as chairman

and frequently speaks at

focuses his practice on

of the Virginia Economic

family and military law

GREGORY L. MURPHY was

commercial finance,

Development Partnership

programs and lectures at

selected for Washington,

banking, and bankruptcy.

and the Virginia Bankers

the Army JAG School and

D.C. Super Lawyers 2014

He is past president and

Association, and recently

the Naval Justice School.

in business litigation.

G. FRANKLIN FLIPPIN has

current fellow of the

completed a term as presi-

He obtained a sanctions

been named to the Super

American College of

dent of the Federal Reserve

award of over $800,000,

Lawyers Business Edition in

Commercial Finance

Board’s Community

the highest ever, against

business/corporate law. He

Lawyers and serves on two

Depository Institutions

counsel and plaintiff in

was also recognized in

task forces established by

Advisory Council.

Fairfax Circuit Court; the

Virginia Business as being

the business law section of

petition for appeal was

among Virginia’s legal elite

the ABA—one to create a

denied. Previously, the

in 2013 in the area of

largest sanction award was

business law. He is a

$272,000. He is a partner

partner with Gentry Locke

model agreement

1972

1971

governing the control of

1973

account deposits, and

THOMAS H. BOTTINI is

with Vorys, Sater, Seymour

Rakes & Moore in Roanoke,

another to create model

managing attorney and

and Pease, and a member

where he focuses his

agreements for first and

chief representative of

TERRANCE M. MILLER is listed

of the litigation group.

practice on business

second intercreditor liens.

Armstrong Teasdale’s

in Best Lawyers 2014 as

office in Shanghai, which

Columbus, Ohio’s

planning.

UVA LAWYER / SPRING 2014 47

CLASS NOTES …

1974 MARY ALEXANDER SEDDON LEE STAPP LL.M. ’73 passed away on October 27, 2013, at the

DOUGLAS M. BRANSON LL.M.

age of 86. She was a longtime resident of

notes that the fourth

Montgomery, Ala. Throughout her life she

edition of Understanding

fulfilled a commitment to study, teach, and

Corporate Law was

practice law. As an assistant attorney gen-

published in 2013, and his

eral and chief legal counsel for the Alabama

newest book, Greatness in

NATHALIE GILFOYLE has been

Department of Human Resources she argued

the Shadows: Larry Doby

elected to the board of

cases at all levels, including before the Supreme

and the Integration of the

directors of the National

JAY T. WALDRON has been

Court of the United States.

American League, will be

Veterans Legal Services

elected chair of the board

After receiving her law degree at the Univer-

published later this year.

Program, which is

of directors of Oregon

sity of Alabama School of Law, she received her

Branson is the W. Edward

dedicated to ensuring that

Health & Science

master’s in law at Virginia. She went on to study

Sell Chair in Law at the

veterans and active-duty

University, which provides

international law at Georgetown University,

University of Pittsburgh.

military personnel receive

health care throughout

the governmental benefits

the state and is Portland’s

dispute resolution at Emory University School of Law, and English legal history at the London

C. WILSON DUBOSE was

to which they are entitled

largest employer. He has

School of Economics.

listed in Georgia Legal

under the law. She is

served on the board for six

Leaders and Georgia Super

general counsel to the

years. Waldron is a

presented Stapp with the Alabama Women

Lawyers 2013 in business

American Psychological

shareholder with Schwabe,

Achievers’ Award in recognition of her contribu-

litigation, construction

Association in Washington,

Williamson & Wyatt in

tion toward elevating the status of Alabama

litigation, and alternative

D.C., and also serves as a

Portland, where he

women. In 2013 the women’s section of the

dispute resolution. He was

commissioner on the D.C.

practices environmental

Alabama State Bar presented her with the

also elected to the board

Access to Justice

and energy law and

Maud McLure Kelly Award for “being a pioneer

of directors of Common

Commission by appoint-

represents clients in trial

for the rights of children and the elderly and a

Cause Georgia. He

ment of the District of

and appellate courts.

tireless leader in mentoring young women in

practices with DuBose Law

Columbia Court of Appeals.

the legal profession.”

Group LLC of Madison and

JOHN F. WYMER III opened

Atlanta, Ga.

the Atlanta, Ga., office of

In 1981 the Southern Women’s Archives

Denver-based Sherman

HOWARD L. MEYERS received

CLAIRE G. GASTANAGA

& Howard in February

the Dennis H. Replansky

received the 2013 Bernard

2013. He is a fellow in

Memorial Award for

D. Mayes Award given by

the College of Labor and

his contributions to

the Serpentine Society in

Employment Lawyers and

legal, civic, religious, and

honor of her work on LGBT

has been listed in Best

other charitable causes

rights. Gastanaga is the

Lawyers since 1994.

at the Philadelphia Bar

ROBERT S. MUELLER III has

executive director of the

FRANK E. RIGGS, JR. has

Association business law

joined Wilmer Cutler

American Civil Liberties

been named a fellow in

section annual dinner in

Pickering Hale & Dorr as

Union of Virginia and has

the American College of

February. He is a senior

partner in Washington,

more than 30 years of

Construction Lawyers. He

partner in the business

D.C. He was previously

experience in legal and

is a partner with Troutman

and finance practice

director of the Federal

government relations at

Sanders in Atlanta, Ga.,

of Morgan Lewis in

Bureau of Investigation, a

the federal, state, and local

where he focuses his

Philadelphia, Pa.

job he began one week

levels. The award is named

practice exclusively on

before the attacks on

for the former assistant

construction law. He is

September 11. His practice

dean of the College of

listed in Best Lawyers 2014

at WilmerHale is focused

Arts and Sciences for his

in construction law,

W. STUART DORNETTE is

on investigations, crisis

lifetime support of LGBT

litigation-construction and

listed in Ohio Super

management, privacy, and

students at the University

in Super Lawyers 2014 in

Lawyers 2014 in business

cybersecurity.

of Virginia.

construction/surety.

litigation and was named a

48 UVA LAWYER / SPRING 2014

1975

CLASS NOTES …

1976

lawyer in litigation by

DONALD J. SHULLER has

policies. He is the first to

Benchmark Litigation 2014

Virginia Business. Dumville

been listed in Ohio Super

serve in this position. He

in general commercial and

was recently appointed

Lawyers 2014 and Best

has been with MPI since

securities law. He is a

managing partner with

Lawyers 2014 in real estate

2005 and was most recent-

partner with Taft Stettinius

Reed Smith in Richmond.

law. He is a partner with

ly senior vice president,

local litigation star in

& Hollister in Cincinnati.

Vorys, Sater, Seymour and

director of studies, and co-

DANIEL J. HOFFHEIMER has

Pease in Cincinnati, where

director of MPI’s National

been listed in Ohio Super

he is a member of the

Center on Immigrant

Lawyers 2014 in estate

finance, energy, and real

Integration Policy.

PETER E. BROADBENT, JR.

planning and probate.

estate group.

was reappointed by Gov.

He is a partner with Taft

Bob McDonnell to the

Stettinius & Hollister in

F. BRADFORD STILLMAN

integration and the educa-

James Monroe Museum

Cincinnati.

retired from his position

tion of immigrant children

and Memorial Library

Fix concentrates his work on immigrant

as a U.S. magistrate judge

in the U.S. and Europe, as

Board of Regents. The

MICHAEL LEECH was elected

for the eastern district of

well as citizenship policy,

Fredericksburg museum is

a member of the American

Virginia. He now serves

immigrant children and

DON P. MARTIN is listed in

the largest repository in

Law Institute. He is a

as a mediator with the

families, the effect of

Best Lawyers 2014 in

the country for artifacts

full-time neutral mediator/

McCammon Group.

welfare reform on im-

commercial litigation, legal

and documents related to

arbitrator, a distinguished

malpractice law-defen-

the fifth president.

fellow of the International

dants, litigation-banking

Broadbent has significant

Academy of Mediators,

and finance, and litigation-

experience with Virginia

and president-elect of the

real estate. He is also

organizations focused on

Association of Attorney-

J. HERBIE DIFONZO and

to a National Research

named in Southwest Super

history and genealogy. He

Mediators. His office is in

his wife, Ruth Stern,

Council committee on the

Lawyers 2014 in business

serves on the Library of

Chicago, Ill.

have published Intimate

integration of immigrants

litigation. He is a partner

Virginia board and the

Associations: The Law

into U.S. society that will

with Quarles & Brady in

Virginia Commission for

and Culture of American

identify gaps in existing

Phoenix, Ariz., where he

the Bicentennial of the

Families with University

information and propose

handles complex

American War of 1812, is

of Michigan Press. (See In

policy options. He is a

commercial litigation,

former president of both

Print.) The book explores

research fellow with

including professional

the Virginia Genealogical

developments in family

Institute for the Study of

liability, real estate and

Society and the

formation that would have

Labor in Bonn, Germany,

securities litigation, and

Genealogical Research

been unimaginable even

and served on the National

administrative hearings.

Institute of Virginia, and is

a generation ago. DiFonzo

Academy of the Sciences

a vice president of the

is professor of law at

Committee on redesigning

CHRISTINE SWENT BYRD had

James Monroe Memorial

the Maurice A. Deane

U.S. naturalization tests.

the pleasure of seeing

Foundation. He is a partner

ELIZABETH A. RITVO was

School of Law at Hofstra

her daughter, Amy Byrd,

with Christian & Barton in

honored by Massachusetts

University.

graduate from the Law

Richmond, where he

Lawyers Weekly at an

School in May of 2013. Her

focuses his practice on

awards ceremony in

MICHAEL E. FIX has

class included another

intellectual property and

October as one of their

been appointed chief

child of a ’75 graduate,

communications law.

Top Women of the Law.

executive officer of the

She is a partner with

Migration Policy Institute

Daniel Evens, the son of

migrants, and the impact

1977

of immigrants on the labor force in the United States.

He was recently appointed

Mark Evens. “It was such

S. MILES DUMVILLE was

Brown Rudnick in Boston,

in Washington, D.C., an

a pleasure to attend and

named a leader in the

where she focuses her

independent, nonpartisan

absorb the Virginia atmo-

law for 2013 by Virginia

practice on litigation and

think tank that provides

BARRY KOGUT is listed in the

sphere again,” she writes.

Lawyers Weekly. He was

arbitration. She is listed in

analysis, evaluation,

2014 Chambers and

listed in Super Lawyers

Best Lawyers 2014 in First

and development of

Partners International

2013 in general litigation

Amendment law.

immigration, immigrant

Guide to the Legal

integration, and refugee

Profession and in Best

and recognized as a top

UVA LAWYER / SPRING 2014 49

CLASS NOTES …

ELY A. LEICHTLING is listed in Best Lawyers 2014 in employment law-management, labor law-management, and litigation-labor and employment. He is a

From left: David Logan ’77, Dr. Mel Urofsky ’84, Lillian BeVier, John Jeffries ’73, and U.S. Senator Sheldon Whitehouse ’82

partner with Quarles & Brady in Milwaukee, Wis.

DAVID LOGAN ’77, dean of the Roger Williams University School of Law and a media law scholar, organized a

CHARLES W. THROCKMORTON

symposium that took place in February entitled “Reassessing New York Times Co. v. Sullivan: Freedom of the Press 50

was designated by Best

Years Later.” The event marked the 50th anniversary of one of the key Supreme Court cases of our time.

Lawyers as Miami’s lawyer

Distinguished lawyers, judges, journalists, and academics came to Roger Williams to reflect on the legacy of the

of the year for 2013 in

case. They participated on two panels, one focused on legal theory and the other on journalism. All agreed that

bankruptcy and creditor

New York Times v. Sullivan defined freedom of the press more clearly than any other Supreme Court of the United

debtor rights/insolvency

States decision in modern times.

and reorganization law. He

Participants included UVA Law’s Dean Emeritus John Jeffries ’73 and David and Mary Harrison Distinguished

was also noted in Miami

Professor of Law Emeritus Lillian BeVier, Melvin Urofsky ’84, and U.S. Senator Sheldon Whitehouse ’82 of

Daily Business Review as

Rhode Island.

the most effective lawyer for 2013 in the field of bankruptcy. These honors reflect results he achieved

Lawyers 2014 in environ-

importance to in-house

personnel and for policy

in representing the largest

mental law. He is a

corporate counsel in

research regarding

group of creditor victims

member with Bond,

Europe and internationally.

procedures and practices

in litigation arising out

Schoeneck & King in

D’Angelo is a contributing

in the federal court.

of Scott Rothstein’s $1.2

Syracuse, N.Y.

author to The Attorney-

billion Ponzi scheme.

Client Privilege in Civil

He practices business

1978

1979

Litigation, fifth edition, published by the ABA in

bankruptcy litigation with Kozyak Tropin &

2012. He is a partner and

BLAKE D. MORANT, dean of

HUGH F. HILL writes that he

CHRISTOPHER SCOTT D’ANGELO

chairman of the products

the Wake Forest University

“persists as an assistant

was a moderator

liability, mass claims and

School of Law, has been

professor of emergency

and speaker at the

risk management section

appointed to a five-year

medicine” at Johns

International Corporate

and the international

term on the Federal

Hopkins University School

Counsel College in

practice group at

Judicial Center Foundation

of Medicine and has

ERIC KRAEUTLER was

Paris in November. The

Montgomery McCracken

Board by Chief Justice

created a new geriatric

inducted as a fellow in

ICCC, where he is on the

Walker & Rhoads based in

John Roberts. The center is

emergency medicine

the American College of

advisory board, is a forum

Philadelphia, Pa., and New

the agency for continuing

fellowship for Hopkins.

Trial Lawyers at the 2013

that addresses the most

York City.

education of federal

annual meeting of the

judges and court

College in October. He is

current legal issues of

50 UVA LAWYER / SPRING 2014

Throckmorton.

1980

CLASS NOTES …

1982

U.S. District Judge RICHARD

CONSTANCE A. HOWES ’78, executive vice president

MILLS LL.M. was the guest

of women’s health at Care New England, has

speaker at the 2013

joined the Women’s Choice Award healthcare

Veterans Day convocation

advisory board. The board is comprised of

at Blackburn College in

executive level health care professionals who

Carlinville, Ill. He is a major

have a deep expertise in health care issues and

general in the Illinois state

patient experience. Howes presides over the

militia and a retired colonel

multidisciplinary Women’s Health Council which

in the U.S. Army with 33

guides program development in women’s

years of service in the

health for Care New England.

military, including active

Howes was also recently elected to the

duty in the Korean War.

board of trustees of the American Hospital

JAMES F. DULCICH was

Association and serves in a number of industry and civic leadership posts,

elected president of

RAYMOND G. TRUITT is listed

including chairing the Governor’s Workforce Board and chairing Innovation

Waverley Country Club,

in International Who’s Who

Providence which is working to advance the state’s knowledge economy and

which was established in

of Business Lawyers 2013

economic development. She was president and chief executive officer of

1896. He is a shareholder

in real estate practice and

Women & Infants Hospital of Rhode Island from 2002 to 2013, formerly serving

with Schwabe, Williamson

Best Lawyers 2014 in real

as executive vice president and chief operating officer. Prior to this role, Howes

& Wyatt in Portland, Ore.,

estate law. He is managing

was vice president and general counsel for Care New England Health System

where he focuses his

partner of finance and

and vice president and general counsel for Women & Infants Hospital. Before

practice on commercial

operations and member

joining Women & Infants, Howes practiced with Tillinghast, Collins & Graham

leasing transactions,

of the management

for 17 years, primarily in the area of business law, and served as chair of the

acquisitions and disposi-

committee and diversity

corporate department.

tions of real property, and

council with Ballard Spahr

real estate financing

in Baltimore, Md. He

transactions. He was listed

focuses his practice on

a partner in the litigation

to Tidewater Community

Virginia Bar Association

in Best Lawyers 2013 in real

commercial real estate

group with Morgan, Lewis

College’s workforce devel-

meeting in Williamsburg.

estate law.

financing, leasing, devel-

& Bockius in Philadelphia,

opment committee. He is

He was named to the

Pa., where he focuses

listed in Best Lawyers 2014

Super Lawyers Business

EDMOND M. IANNI was on a

his practice on complex

in public finance and real

Edition in employment &

panel with Jeffrey Rotwitt,

commercial, white-collar

estate law and was named

labor law and was

president and CEO of

criminal, and intellectual

Best Lawyers 2014 Norfolk

recognized in Virginia

Sun Center Studios, and

property matters.

public finance law lawyer

Business as being among

two other CEOs at the

MARK A. BRADLEY recently

of the year. He is a partner

Virginia’s legal elite in 2013

Center for Community

published his first book, A

with Williams Mullen.

in the area of labor/

Leadership Development

Very Principled Boy: The Life

that 2013 was a fulfilling

employment. He is a

and Entrepreneurship in

of Duncan Lee, Red Spy and

year in civic commitment.

partner with Gentry Locke

Pennsylvania in October

Cold Warrior. (See In Print.)

He was elected chair of

Rakes & Moore in Roanoke,

to address how entrepre-

Bradley is an attorney in the

the real property section

where he focuses his

neurs and corporations

U.S. Department of Justice

of the Virginia State Bar,

practice on labor and

can partner in emerging

National Security Division.

vice chair of the Hampton

employment law and

industries.

Roads Association of

complex litigation.

WILLIAM L. NUSBAUM writes

opment, and restructuring.

1983

TONY M. DAVIS has been

Commercial Real Estate’s

G. RAYE JONES recently pub-

selected by the 5th Circuit

legislative affairs com-

lished One for the Heart: A

to serve as a bankruptcy

Collection of Poems. (See

judge. After practicing as a

of the Hampton Roads

W. DAVID PAXTON was

In Print.) He is a pastor and

partner with Baker Botts in

Workforce Development

inducted as a fellow of the

an estate and tax-planning

Houston for 19 years, Tony

Board (Opportunity, Inc.),

Virginia Law Foundation in

attorney with MartinWren

now lives in Austin, Texas,

and was also appointed

January at the annual

in Charlottesville.

with his wife, Kathryn.

mittee, and vice chair

UVA LAWYER / SPRING 2014 51

CLASS NOTES …

boys and five girls, and

and partner in the public

a growing number of

finance group, focusing

grandchildren. Beginning

her practice on tax-exempt

in May, he will be taking

transactions. “I’m looking

a leave of absence from

forward to seeing old

his firm to serve as an

friends at the reunion,”

area legal counsel for the

she writes.

Church of Jesus Christ of Latter-day Saints in the Philippines.

WILLIS P. WHICHARD LL.M., S.J.D. ’94 is serving a three-year term on the

Eight members of the CLASS OF 1983 met at the Yale Club of New York City in

1984

February. They are: (standing, from left) Dorothy Heyl, Paul Mourning,

American Bar Association Standing Committee on the Federal Judiciary. The

Lisa Friel, and Joseph Giovanniello; (seated, from left) Joseph Bell, David

The Honorable RUSSELL

committee performs a

Good, Michael Kitsis, and Kevin Brady.

CARPARELLI LL.M. is the

thorough investigation

new executive director of

of every prospective

the American Judicature

nominee to a federal

WIN DAYTON has returned

of trial lawyers in Tampa,

Society, whose mission is

judgeship and provides

to the United States after

most recently known as

to secure and promote a

a rating to the president

three years in Istanbul.

the Knopik Deskins Law

qualified and independent

and, upon nomination, to

He is director of overseas

Group. In his new position,

judiciary and fair justice

the U.S. Senate Judiciary

operations in the U.S. State

Knopik will oversee

system. He formerly served

Committee and the U.S.

Department’s Bureau of

litigation for the Laser

as a judge of the Colorado

Department of Justice.

Conflict and Stabilization

Spine Institute in the

Court of Appeals.

Operations. “Alas,” he

various states in which it

IRWIN M. SHUR has been

writes, “it’s Syria all the

operates. He is listed in

recognized with a lifetime

JOHN LEWIS LASKEY has

time, with not nearly

Best Lawyers 2014 in

achievement award by the

been admitted to practice

enough connection to the

commercial litigation,

Milwaukee Business

in Pennsylvania as well

MARTHA N. DONOVAN is

class of ’83 folks. I much

medical malpractice, and

Journal. He says he has no

as the U.S. District Court

listed in Best Lawyers 2014

regret missing the reunion,

personal injury litigation.

idea what caused this

for the Eastern District

in environmental and

other than simply being in

of Pennsylvania. He is a

litigation-environmental

but I remain in the cult

1985

following of Latham’s win-

ROBERT LATHAM was

practice for a very long

shareholder with Stark

law and in Chambers USA

ners and losers column.”

recently elected chairman

time, and doubts that he

& Stark in Marlton, N.J.,

2013 in environmental

of the International Rugby

will ever again grace the

where he focuses his

law. She is with Norris

Board regulations commit-

cover of a magazine of any

practice on creditors’ rights

McLaughlin & Marcus in

tee at the organization’s

kind. Shur is vice presi-

and litigation.

Bridgewater, N.J., where

meeting at its headquar-

dent, general counsel, and

ters in Dublin, Ireland.

secretary of Snap-on

MARY NASH RUSHER recently

on environmental law

He is a partner with

Incorporated, headquar-

became president and

and complex litigation,

Jackson Walker in Dallas

tered in Kenosha, Wisc.

board chair of the YMCA

particularly the defense of

and Houston, Tex., where

she focuses her practice

of the Triangle, the first

environmental property

he chairs the media law

Since graduation,

woman to hold that posi-

damage claims.

and intellectual property

VIC TAYLOR has practiced

tion in the organization’s

litigation practice areas.

with the law firm of Parr

150-plus year history. She

the position of chief trial

Brown Gee & Loveless in

is with Hunton & Williams

counsel for the Laser Spine

Salt Lake City as a real es-

in Raleigh, N.C., where

Institute in Tampa, Fla.

tate transactional lawyer.

she is managing partner

Knopik previously founded

He and his wife, Caroline,

and managed a small firm

have eleven children—six

CHRIS KNOPIK has accepted

52 UVA LAWYER / SPRING 2014

CLASS NOTES …

1987

1988

department with Pashman

KEITH N. COLE has been

JOHN COOPER moved his

Stein in Hackensack,

appointed vice president,

law firm to a new building

is listed in Best Lawyers

where he concentrates on

government relations and

in the Ghent section of

2014 in real estate law.

complex civil litigation,

environment, health, and

Norfolk, Va. Cooper Hurley

criminal defense, and

safety at W.R. Grace & Co.

Injury Lawyers is now

internal investigations,

and will be responsible

located at 2014 Granby

inducted into the 2014

BRUCE HAMILTON and JENNIFER WEISS traveled

including securities fraud.

for Grace’s EHS and public

St., Suite 200, Norfolk, Va.

class of fellows of the

to Portland, Ore., in

He was previously an

affairs activities worldwide.

23517.

Virginia Law Foundation.

November and enjoyed

assistant U.S. attorney in

He is at the company’s

He is a partner with

visiting Margaret Murphy

the district of New Jersey

global headquarters in

FRANK R. MARVIN has

Kaufman & Canoles in

Carley and her family.

for 18 years, serving in the

Columbia, Md.

joined The Buller Group,

STEPHEN E. NOONA has been

concentrates his practice

in New Jersey. He is a

on commercial real estate

member of the litigation

transactions, leasing, and corporate transactions. He

Norfolk, where he is chair

criminal division, the

a global human capital

of the litigation section

organized crime strike

services firm, as executive

and serves as co-chair of

force, and as chief of the

vice president of corporate

the intellectual property

violent crimes unit. He was

development. He will lead

and franchising section.

named a New Jersey Super

efforts to raise capital,

He is a fellow in the

Lawyer for 2013-14 in

arrange banking facilities,

American College of Trial

criminal defense: white

oversee legal and contract

Lawyers, former president

collar, business litigation,

matters, and handle

and general litigation.

merger and acquisition

of the Virginia State Bar’s intellectual property law

BRET MADOLE has joined

section and the Tidewater

Carrington, Coleman,

JEFFREY A. STANDEN has

DAVID K. SPIRO is listed in

ously CEO with M3COM

Federal Bar Association,

Sloman & Blumenthal in

been named dean of

Best Lawyers 2014 in

of Virginia, a government

and the current president

Dallas, Tex., as head of

the Northern Kentucky

bankruptcy and creditor

contract and commercial

of the I’Anson-Hoffman

corporate and mergers &

University Salmon P.

debtor rights/insolvency

services company.

American Inn of Court.

acquisitions. His practice

Chase College of Law and

and reorganization law

includes general corporate

professor of law. He was

and was included among

transactional work, M&A,

previously the associate

the top 100 in Virginia in

banking, bank lending,

dean for academic affairs

Super Lawyers 2013. He is a

and intellectual property,

and faculty research

shareholder and co-chair

including copyrights,

and held the Van Winkle

of the bankruptcy and

trademarks, and licensing.

Melton professorship

creditors’ rights practice

He was previously with

in law at Willamette

group with Hirschler

David, Goodman &

University College of Law.

Fleischer in Richmond.

Madole.

He has taught as a visiting

1986

matters. He was previ-

JAMES F. WILLIAMS was

professor and has been a

JAMES STRAWBRIDGE joined

recently elected to the

scholar-in-residence at the

Cooley as a partner in its

American Law Institute. He

RICHARD J. GIUSTO has been

University of San Diego

business department. He

is listed in Best Lawyers

appointed to the board of

and the University of

will be a member of the

2014 in commercial

trustees of the non-profit

Virginia, respectively.

firm’s business & finance

litigation and in

Miami Foundation, where

practice group and will be

Washington Super Lawyers

he will help shape the

resident in the Palo Alto

2014 in business litigation,

greater Miami area

office.

personal injury-products,

through leadership and

and civil litigation.

philanthropy. He is

AIDEN P. O’CONNOR is listed

Williams has been trying

co-managing shareholder

in Chambers USA 2014 in

cases and managing

of Greenberg Traurig in

white-collar crime and

litigation for more than

Miami, where he

government investigations

25 years as a government

UVA LAWYER / SPRING 2014 53

CLASS NOTES …

attorney and a private

on complex commercial

Center for Law and Military

chairman of the agency

STAN PERRY joined Reed

practitioner. He is a

litigation and dispute

Operations, deputy staff

a week later. Goodman

Smith’s new Houston, Tex.,

partner in the litigation

resolution.

judge advocate, 101st

previously served in a

office in February 2013.

Airborne Division, and as a

number of governmental

He also went on a Living

STUART A. RAPHAEL was

professor of international

and political posts, includ-

Water International trip to

appointed Solicitor

and operational law at

ing legal counsel and

El Salvador in July with his

General of Virginia by

the Naval War College.

policy advisor to Virginia

son, John, a high school

Attorney General Mark

“Colonel Wilson’s remark-

Governor James S.

senior. Stan and Stacy’s

Herring and was sworn in

able legal skills, matched

Gilmore ’77 and general

daughter, Anne, is a senior

on January 11. Prior to his

with his soldier ethos,

counsel to the Republican

at Texas A&M.

appointment, Raphael was

make him a perfect choice

party of Virginia. He is

a partner with Hunton &

to be a general officer

married to Paige Pippin, a

Williams in McLean, where

in our Army,” noted the

former captain of the UVA

he focused on complex

announcement for his

volleyball team, and they

trial and appellate

nomination.

reside in Keswick, Va., with

practice with Perkins Coie in Seattle, Wash.

1989

Brig. Gen. Charles N.

JOHN M. GUYNN was

litigation, state and local

recently elected to the

government law, product

Pede ’87 and Brig. Gen.

board at Workman

liability, water rights, and

Richard C. Gross ’93

After becoming a

Nydegger, where he is a

energy and environmental

attended the ceremony.

shareholder at Greenberg

shareholder. He is in Salt

litigation.

Three of the four brigadier

Traurig, MARIA HALLAS

RUSSELL S. SAYRE was

generals on active duty

obtained her masters in

recognized in Ohio Super

PAUL S. WILSON was

in the Army JAG Corps

journalism from American

Lawyers 2014 in business

promoted to the rank

are graduates of the Law

University. Last April she

litigation and was named a

GEORGE B. HARRIS was

of brigadier general in

School.

returned to Charlottesville

local litigation star in

recognized as a top-rated

the U.S. Army Judge

to report on air for NBC29

general commercial law in

lawyer in international law

Advocate General Corps at

(WVIR). She enjoys this

Benchmark Litigation 2014.

and international trade

a ceremony at Fort Belvoir,

new chapter in her

He is a partner and

in 2013 by Martindale-

Va., on January 23. He was

life, and hopes to hear

co-chair of the litigation

Hubbell based on his

nominated for promotion

President Obama

from classmates who

group with Taft Stettinius

AV peer review rating,

by President Obama

appointed LEE E. GOODMAN

are living in or visiting

& Hollister in Cincinnati,

the highest rating in

and confirmed by the

to serve as commis-

Charlottesville.

where he concentrates his

legal ability and ethical

U.S. Senate.

sioner of the Federal

Lake City, Utah, where he focuses on patent law.

standards according to

Wilson has served in

1990

two children.

practice on litigation,

Election Commission,

On January 13 WILLIAM

arbitration, and dispute resolution.

ALM Media. He is general

the corps for more than

the independent agency

W. HOOD III was sworn in

counsel and U.S. director

24 years. His assignments

responsible for administra-

as the 103rd justice of

of governmental affairs of

include chief, interna-

tion of federal campaign

the Colorado Supreme

WILLIAM E. THRO is the

SoZo Group, an invest-

tional and operational

finance laws. Goodman,

Court. Classmates Diana

2014 recipient of the

ment advisory firm that

law division; staff judge

a Republican, was

Goldberg (Will’s spouse of

William A. Kaplin Award

facilitates international

advocate, XVIII Airborne

unanimously confirmed

23 years), Mark Heimlich,

for Excellence in Higher

trade and business issues.

Corps; executive officer,

by the U.S. Senate. In his

and John Clancy were

Education Law & Policy

U.S. Army Legal Services

testimony before the

present, “and swear this ‘in-

Scholarship. The award

CAL MAYO was inducted as

Agency; and staff judge

Senate Rules Committee,

vestiture’ actually occurred,”

recognizes scholars who

a fellow of the American

advocate, 82nd Airborne

he quoted Professor Larry

notes Will. According to Will

have published works on

College of Trial Lawyers

Division. He has deployed

Sabato’s tenet, “Politics

and Diana, their children,

education law that address

at the association’s 2013

to Afghanistan in Opera-

is a good thing.” He was

Kaila (19) and Alyssa (14),

the intersection of law

annual meeting in San

tion Enduring Freedom

sworn into office by Judge

were both tremendously

and policy. Thro is general

Francisco, Calif. He is a

and to Iraq in Operation

Thomas Griffith ’85 of the

impressed and “promised

counsel at the University

partner with Mayo Mallett

Iraqi Freedom. He has also

U.S. Court of Appeals for

to begin treating Dad

of Kentucky in Lexington,

in Oxford, Miss., where

served as director of the

the District of Columbia

with the respect he has

where he provides advice

Circuit. He was elected vice

long deserved.”

he focuses his practice

54 UVA LAWYER / SPRING 2014

CLASS NOTES …

on legal and policy issues.

1992

and was recognized in

1993

emphasis in commercial

His academic research

Chambers USA 2013 as a

concentrates on constitu-

leading attorney in labor

DANIEL G. LLOYD is the

real estate, securities fraud,

tional law in educational

and employment law.

general counsel of inCon-

and products liability.

contexts in the United

He is managing partner

tact, the leading provider

States and South Africa,

of Schwartz Hannum in

of cloud contact center

STEWART M. BROWN

with particular emphasis

Andover.

software and contact

relocated to Santa Barbara,

center agent optimization

Calif., where he intends to

MAURICE JONES was

tools. The company’s

remain as long as he can.

KAROL BOUDREAUX has

appointed as the

headquarters are in Salt

joined the Cloudburst

Commonwealth’s

Lake City, Utah. Lloyd was

Group, a consulting firm

Secretary of Commerce

previously legal counsel

that serves public and

and Trade by Virginia

with PROS Inc., a software company.

on school finance litigation. He also serves as an adjunct professor.

1991

and professional liability,

private sector clients in

Governor Terry McAuliffe

JOHN LEIDIG has been

community development,

in January. He previ-

appointed as an admin-

natural resource manage-

ously served as Deputy

JOEL PIERRE-LOUIS has

istrative law judge for

ment, and public health.

Secretary for the U.S.

been appointed secretary

the State of Maryland. An

She holds the position of

Department of Housing

of the State University of

investiture ceremony took

land tenure and resource

and Urban Development.

New York by the board of

place April 28.

rights lead, and brings a

At HUD he managed

trustees. He will serve as

decade of experience

day-to-day operations,

senior liaison to members

JORDAN A. KROOP has joined

working on land tenure

the annual operating

of the board and manage

Perkins Coie as partner in

and property rights

budget, and nearly 9,000

the board office. Previously

the financial transactions

around the world. She

employees.

Pierre-Louis was senior

and restructuring group in

was most recently

director of operations at

Phoenix, Ariz., where he

director for investments

the Dormitory Authority of

represents clients in

at Omidyar Network.

the State of New York.

restructuring, bankruptcy, workouts, litigation, and

BRIAN S. CHILTON has

1994

written his first novel,

ALEXANDER M. MACAULAY

related matters. He was listed in Best Lawyers 2014

Issachar’s Heirs, and is at

in bankruptcy and creditor

work on two more. (See

debtor rights/insolvency

In Print.)

and reorganization law,

was listed in the Virginia

and was inducted into the

Business legal elite 2013 in

JOHN FOSTER was recently

legislative/regulatory/

hired as division counsel

MICHAEL C. WU was

Bankruptcy in March. He

administrative law and in

for the Fairfax County,

appointed senior vice

was previously a partner

Virginia Super Lawyers 2013

Virginia, school division.

president, general counsel,

with Squire Sanders.

and Best Lawyers 2014 in

He will represent Fairfax

and secretary of Carter’s

government relations. He

County schools in

Inc. in February. Carter’s,

is with Macaulay & Burtch

cases involving staff and

headquartered in Atlanta,

BRIAN R. BOOKER is listed in

in Richmond.

students and will provide

Ga., is the largest brand

Best Lawyers 2014 in

legal advice on school

marketer in the U.S. of

commercial litigation and

TREY COX was listed in

board matters.

apparel for babies and

in Southwest Super Lawyers

Best Lawyers and named

young children. He served

2014 in business litigation.

a leader in his field in

WILLIAM E. HANNUM III is

as general counsel and

He is a partner with

Chambers 2013 in general

listed in Massachusetts

corporate secretary of

Quarles & Brady in

commercial litigation. He

Super Lawyers 2013 in

Rosetta Stone Inc. from

Phoenix, Ariz., where he

was recognized by D

employment & labor law

2006 to 2014.

focuses his practice on

Magazine as one of the

commercial litigation with

best lawyers in Dallas and

American College of

1995

UVA LAWYER / SPRING 2014 55

CLASS NOTES …

listed among the top 100

in Texas, was published by

in Texas Super Lawyers last

Texas Lawyer in October.

1996

year. He was also honored

Chambers USA 2013 and

after practicing law for

Best Lawyers 2014 for

many years with large

corporate and mergers

law firms, most recently

with the Client Choice

CAT MCDOWALL works part-

and acquisitions law, and

Venable. His practice

Award for litigation by the

time as a pro-tem judge

in Super Lawyers 2013 in

focuses on transactional

International Law Office/

for the Seattle Municipal

securities and corporate

work with an emphasis on

Lexology 2013 and recog-

Court, and is raising four

finance, and m&a. He is a

buying, selling, develop-

nized as a litigation star

children on her “off” days.

partner with Faegre Baker

ing, leasing, and financing

by Benchmark Litigation

John is the new chair of

Daniels in Minneapolis.

commercial real estate. See

2013. He is a partner with

the business group and

W. MORGAN BURNS was

Lynn Tillotson Pinker and

co-chair of the real estate

named a 2013 attorney of

JAY CHADWICK recently

Cox. His third book, How

group at Carney Badley

the year by Minnesota

founded the Chadwick

ARNOLD EVANS was

to Recover Attorneys’ Fees

Spellman in Seattle.

Lawyer. He was listed in

Law Firm in Vienna, Va.,

named president and

www.chadwickpllc.com.

From Law to Network TV When JANICE S. JOHNSTON ’95 entered the Law School, she was interested in working either on Capitol Hill or in television. Her legal education, she reasoned, would help distinguish her in either field.

She worked for Senator Bill Bradley of New Jersey the first summer of law school to get an idea of what it would be like to work on Capitol Hill.

After a brief career as a litigation associate in New York City, Johnston began to make the transition to television, a process that took a couple of years.

She thought a lot about how she could translate her legal work into skills she could use in a broadcasting job and took night classes at NYU to learn more about the field. She attended journalists’ conventions to network wherever she could, and contacted alumni who were in television.

Ultimately she landed a job with ABC News. She has been a producer there for 15 years, including a decade with Good Morning America. She’s held as many as seven different titles with the network.

Last year, Johnston and her production team at ABC were honored with two Peabody Awards. One was for ABC coverage of Hurricane Sandy, and the 20/20 special on that storm; the other was for “Robin’s Journey,” the inspirational story of broadcaster Robin Roberts’ illness and bone

In at least one aspect of her challenging job, law school has given her

marrow transplant. The Peabody Award, one of the most distinguished

an edge. “In law,” she notes, “the deposition is the backbone of the case.

given in television, recognizes public service and excellence in achieve-

Law school taught me how to think about the multiple angles of a story.

ment. Johnston shared her first Peabody in 2001 for coverage of 9/11,

In my work, storytelling is shaped by asking questions. I focus hard on

and is the recipient of four Emmy Awards.

what we are going to ask.”

Johnston is currently a senior coordinating producer with 20/20 and

Johnston is already at work producing ABC’s sixth annual country

the network’s specials division, a job that, depending on the show,

music special, “In the Spotlight with Robin Roberts: All Access Nashville,”

involves an array of skills, from hiring to managing other producers and

which will air in the fall. Her past experiences include going on tour with

reviewing storylines and scripts, to one of the most fun aspects of her

Keith Urban and an at-home interview with Taylor Swift. She is passionate

job—working face-to-face with the talent and even shooting some of

about country music, a genre that has soared in popularity since her

the footage herself. Johnston took an ABC camera to shoot Mississippi

days in law school, when she became a fan watching cable programs in

elements for “Robin’s Journey.”

Charlottesville. ­

56 UVA LAWYER / SPRING 2014

—REBECCA BARNS

CLASS NOTES …

chief executive officer of

truly international com-

NEALE T. JOHNSON has

attorney, was assigned as

mergers and acquisitions,

SunTrust’s commercial and

pany with new offices and

completed mediation

a text in the Law in Fiction

technology licensing and

business banking markets

business in France, Spain,

certification through the

class at the University of

commercialization, and

in Jacksonville and North

Italy, Belgium, Australia,

North Carolina Dispute

Pennsylvania Law School

general corporate work.

Florida. He was previ-

Japan, Singapore, and

Resolution Commission,

this spring.

ously managing director

Indonesia, among others.

making him eligible to

of SunTrust Robinson

Inc. magazine ranked

conduct superior court

Humphrey, the bank’s

Videology—a leading

mediated settlement

investment division, in

video advertising platform

conferences. He is listed

a Canadian technology-fo-

Atlanta, Ga.

provider for advertisers,

in North Carolina Super

cused mineral exploration

agencies and publishers—

Lawyers 2014 in real

company formed last year

MARK A. KNUEVE is listed in

as the #24 fastest growing

estate law and recognized

through a combination

Ohio Super Lawyers 2014

private company in the

among Business North

of Concordia Resource

for labor and employment

advertising and marketing

Carolina’s legal elite for

Corporation and assets

and Best Lawyers 2014 in

industry and #137 overall

2014 in construction.

acquired from HPX TechCo,

employment law-manage-

on the 2013 Inc. 500.

ment and litigation-labor

B. MATTHEW HORNOR is

1999

Johnson is with Smith

president, CEO, and a director of Kaizen Discovery,

a 100 percent–owned

Moore Leatherwood in

JOSEPH S. BROWN has been

subsidiary of High Power

Greensboro, where he con-

named to Buffalo Business

Exploration. Hornor has

centrates his practice on

First’s 40 Under 40 list and

extensive experience in

Seymour and Pease in

commercial litigation with

was honored for his

structuring and executing

Columbus.

a focus on construction,

achievement and

complex financial transac-

& employment. He is a partner with Vorys, Sater,

1998

contract, real estate, title

commitment to the

tions and raising capital in

AARON ZEBLEY is now a

insurance, and landlord-

Western New York

the mining industry.

partner at WilmerHale in

tenant matters.

community at a luncheon

Washington, D.C. Zebley,

held on November 7, at

JASON S. MCCARTER joined

who has been both an

ANDREW M. LOHMANN

the Buffalo Niagara

Sutherland, Asbill &

FBI special agent and an

was named a finalist for

Convention Center. He is a

Brennan as a partner with

assistant U.S. attorney,

legal advisor of the year

partner with Hodgson

the complex business

served as chief of staff to

JAMILA B. GRANGER has

by M&A Advisor and was

Russ and concentrates his

litigation team in Atlanta,

Robert S. Mueller III ’73,

joined Primo Water

listed in Virginia Business

practice on defending

Ga., in July 2013.

the former director of

Corporation in Winston-

among the legal elite in

private and public sector

the Federal Bureau of

Salem, N.C., as vice

business law for 2013. He

employers in lawsuits

Investigation.

president and general

is a shareholder, vice chair

involving a variety of

counsel. Previously

of the business section,

employment and civil

Granger was senior

and chair of the mergers

rights claims.

counsel and assistant

and acquisitions practice

secretary for Krispy Kreme

group with Hirschler

STEPHANIE CHANDLER is

star in business/corporate

DAN SMITH is now general

Doughnut Corporation.

Fleischer in Richmond.

listed in American City

law. He is a partner and

counsel and corporate sec-

Granger is a member of

Business Journal’s 2013

chair of the securities and

retary for Videology, Inc., a

ABA’s forum on franchis-

HELEN WAN has been

Who’s Who in Energy list.

corporate governance

privately held advertising

ing, diversity caucus, and

invited to speak about

She was also named a

team with Gardere in

technology company in

publications committee

her first novel, The Partner

rising star for 2014 in Texas

Dallas, where his practice

Baltimore, Md. He joined

and serves on the legal

Track, at a number of law

Monthly. She is a partner

involves all areas of

the company in 2008 as

symposium task force of

schools and law firms this

in the San Antonio office

corporate law, including

chief counsel and has seen

the International Franchise

spring. Her book, which

of Jackson Walker, where

mergers and acquisi-

it grow from a U.S.-based

Association.

1997

2000 CHRIS CONVERSE is listed in Texas Monthly as a rising

explores the challenge

her practice focuses on

tions, recapitalizations,

company with offices in

of navigating law firm

securities transactions,

financings, and public and

the U.S. and the U.K., to a

culture, particularly as

reporting and compliance,

private offerings of debt

a woman or minority

and equity.

UVA LAWYER / SPRING 2014 57

CLASS NOTES …

2001 LATHROP NELSON ’01 was a key member of the defense CHRISTIAN A. ATWOOD was

team from Montgomery McCracken Walker & Rhoads

named a private equity

that successfully defended U.S. Army Brig. Gen. Jeffrey

rising star by Law360 and

Sinclair in a recent high-profile court martial. The case

honored as one of The

involved multiple allegations, the most serious of

M&A Advisor’s 40 Under

which was sexual assault of an Army captain who was

MICHAEL P. ELKON is listed in

40 award winners in the

Georgia Super Lawyers

legal advisor category for

2014 in employment and

2014. He is a partner in the

labor law. He is of counsel

private equity group at

lawful military command” had influenced the prosecution. They negotiated a

with Fisher & Phillips in

Choate, Hall & Stewart in

deal in which the most serious charges of sexual assault were dismissed, allow-

Atlanta, where he

Boston, Mass.

ing Sinclair to plead to lesser charges. Nelson was responsible for drafting and

represents management in

his mistress. At one point the general faced the possibility of a lifetime in prison.

Nelson and other members of the defense team were able to show that “un-

arguing the motion to dismiss for reasons of unlawful command influence,

all areas of employment

DAVE BELL has been pro-

which the military judge reconsidered and then granted. The judge found that

law in state and federal

moted to vice president

politics might have improperly influenced the prosecution’s plea agreement.

courts and state and

and senior counsel with

In the end, Sinclair was reprimanded and required to pay a $20,000 fine.

federal agencies.

Marriott International, Inc., where he is an in-house

The case triggered renewed debate over whether the Pentagon should reform the way it handles serious crimes such as sexual assault.

ALEKSANDER J. GORANIN

litigation attorney. In

has joined Duane Morris

September he and his

in Philadelphia, Pa., as a

wife, Elizabeth, welcomed

general litigation and was

executives in complex

partner in the intellectual

the birth of Declan Peter,

recognized as a rising star

business disputes and

BROWNING JEFFRIES was

property practice group,

their fourth child.

for 2013. He serves on the

serving as lead counsel in

granted tenure at Atlanta’s

Criminal Justice Act ap-

multimillion-dollar litigation

John Marshall Law School.

in state and federal courts.

She joined the faculty in

where he litigates patent, copyright, trademark

STEVEN M. KLEPPER

pellate panels for the D.C.

and trade secret cases.

responded to an article

Circuit and the 4th Circuit

He was formerly with the

by Professor Kenneth

and on the Maryland State

IP boutique Woodcock

Abraham entitled “Four

Bar Association’s appellate

Washburn.

Conceptions of Insurance”

litigation committee.

2008 and teaches legal

2002

writing & analysis; pretrial business organizations.

WILTON H. STRICKLAND

(2013), that appeared

DAVID STUCKEY is co-

practiced commercial

in the University of

founder and executive

litigation in Florida until

Pennsylvania Law Review

editor of CEE Legal Matters,

he moved to Montana

Online. Klepper’s response,

an online and print

in 2010. He recently

“Whose Conception of

publication that provides

co-founded Strickland &

Insurance?” 162 U. Pa.

in-depth coverage of

Baldwin, which provides

L. Rev. Online 83 (2013),

the lawyers and legal

JASON R. BARCLAY was

legal research and writing

is available at http://bit.

markets of Central and

named a 2014 rising star in

to attorneys nationwide

ly/1hpkibl.

Eastern Europe. See www.

white-collar law by

ceelegalmatters.com.

Law360. He was also

Klepper is a principal

drafting; legal research, practice & procedure; and

161 U. Pa. L Rev. 653

and to non-attorneys in

Associate Professor NEVA

2003

Montana and Florida. See

with Kramon & Graham

www.mylegalwriting.com.

in Baltimore, Md., where

KEVIN M. YOPP has been

Indiana Super Lawyers in

ANDREW G. BESHEAR was

he is an appellate litigator

named partner with

criminal defense:

named USA consumer

TONYA SULIA GOODMAN

in civil and criminal cases

Gilchrist & Rutter in Santa

white-collar law this year.

lawyer of the year for 2013

and her husband, Gregg,

before state and federal

Monica, Calif. He con-

He is a partner in the

and is included on the

welcomed their third

appellate courts. He is

centrates his practice on

litigation department with

2014 leading lawyer global

child, Carmella Grace, on

listed in Maryland Super

litigation in trial and appel-

Barnes & Thornburg in

250 list in Lawyer Monthly.

November 5.

Lawyers 2014 in appellate,

late courts, representing

Indianapolis.

He was named a rising star

insurance coverage, and

major corporations and

58 UVA LAWYER / SPRING 2014

named a rising star in

in Kentucky Super Lawyers

CLASS NOTES …

2013 and listed in Best

transportation, product

Lawyers 2013 in commer-

liability, general insurance

ALLISON ORR LARSEN ’04 was honored with the State

cial litigation. He is a

defense litigation, and

Council for Higher Education for Virginia Outstanding

member with Stites &

corporate and business

Faculty Award for 2014. Larsen is one of two recipients

Harbison in Louisville,

litigation. She serves on

recognized as a rising star, an accolade given to faculty

where his practice includes

the Indiana Supreme

who show exceptional promise early in their teaching

litigation, business and

Court Commission on Race

careers. She is associate professor of law at the William &

finance, nonprofit,

and Gender Fairness.

environmental, and economic development

Mary Law School, where she teaches administrative law, constitutional law, and statutory interpretation. She completed her under-

work. He represents

DANNY KIM and MEAGAN TOOHEY were married

utilities, banks, manufac-

on June 15, 2013, in

turers, health care

Columbus, Ohio.

graduate degree at William & Mary and joined their law faculty in 2010.

2004

providers, transportation

ELIZABETH C. SAUER has

Education. Their twins,

been elected partner with

Lily Hope and Abbott, start kindergarten in the fall.

companies, international

COLLEEN C. SMITH made

TIRZAH S. LOLLAR is now

Waller in Nashville, Tenn.,

distributors, and start-ups,

partner with Latham &

counsel with Vinson &

where she is a member of

and he also works on

Watkins in San Diego,

Elkins in Washington,

the real estate practice.

large-scale industrial

Calif. She is a member of

D.C. Lollar concentrates

development and

the securities litigation

her practice on white-

relocation projects.

and professional liability

collar criminal defense,

practice, as well as the life

government investigations

KATHERINE J. BRENNAN

sciences and information

and litigation, and client

became general counsel

technology–hardware,

counseling.

of Guy Carpenter, the

software & services

reinsurance subsidiary of

industry groups.

JEFF WHITE has been made J. COREY REEDER was

partner with Weil, Gotshal

Marsh & McLennan in New

elected to membership

& Manges in Washington,

York City, on January 1. She

with McNees Wallace &

D.C., where he practices in

also serves as a member

Nurick. He practices in

the antitrust/competition

of Guy Carpenter’s board

the business counseling,

group, focusing his work

of managers and global

Pennsylvania oil and gas,

SEAN S. SUDER has joined

operating committee. She

estate planning, and real

the partnership of

M&A transactions,

joined Marsh & McLennan

estate groups in State

Graydon Head in

government investiga-

in 2008 and was previously

College and Harrisburg,

Cincinnati. He served as

tions, and antitrust

senior counsel for corporate

with his primary location

chief counsel for land use

litigation.

and securities matters.

being State College.

and planning for the city of Cincinnati from

WILLIAM K. WYNNE

BRYAN M. RHODE has

2010–14. He focuses his

joined Thorn Run

Richardson’s IP litigation

been appointed CSX

practice on land use,

Partners in Washington,

group in Dallas, Tex. He

Corporation’s regional vice

zoning, real estate, and

D.C., as partner. He

focuses his practice on

president for state govern-

local government law, and

provides consulting

patent litigation matters

ment affairs in Virginia.

is also developing a

and advocacy services

involving e-commerce,

He is responsible for CSX

national zoning consulting

to a portfolio of over 20

banking, payments,

Transportation’s executive

practice. He is an adjunct

healthcare companies and

electronic messaging,

branch, legislative and

professor of land use law

organizations. He recently

computer software,

community initiatives in

at the University of

launched Healthcare Lighthouse, “the only

BRET T. WINTERLE is now a principal in Fish &

MELISSA F. DANIELSON has

on antitrust clearances for

been elected to partner-

business methods, medical

the state, and oversees

Cincinnati College of Law.

ship with Kightlinger &

devices, telecommunica-

similar efforts in Maryland

In November Sean’s wife,

comprehensive source for

Gray in Indianapolis, Ind.

tions, semiconductors, and

and Delaware.

Elisa Hoffman, was elected

unbiased Federal health

She focuses her practice

oil and gas drilling

to the Cincinnati Board of

policy information” (www.

on construction,

technologies.

healthcarelighthouse.com).

UVA LAWYER / SPRING 2014 59

CLASS NOTES …

2005

variety of genres. She represents several international and New York Times best-selling authors, including Kevin Kwan and Koethi Zan. She was previously with Janklow & Nesbit Associates.

MARCUS BROWN was named

TONI J. HOVERKAMP was

a rising star for 2014 in

appointed to a five-year

DAVID W. THOMAS is now

now a member at Bass,

Texas Monthly in employ-

term on the board of

partner in the commercial

Berry & Sims in Nashville,

ment and labor law. He is a

directors for the Flying

group with MichieHamlett

Tenn., where she focuses

shareholder with Winstead

Point Foundation for

in Charlottesville, where

her practice exclusively on

in Dallas, where he

Autism. She is a real estate

he focuses his practice on

health care law, advising

practices in the labor,

associate with Farrell Fritz

commercial and civil

clients on a multitude of

employment & immigra-

in Hauppauge, N.Y., where

litigation with emphasis

complex regulatory,

tion group.

she represents purchasers,

ALEXANDER W. MEJIAS is

on employment law and

operational, compliance, and transactional issues.

DANIELLE MURACA SLOANE is

sellers, and lenders in

now counsel with

other business disputes.

Kay Hill and ANDY FOY

residential and commercial

BrownGreer in Richmond,

He was named a rising star

welcomed their second

transactions, private

Va. He provides legal

for 2013 in Virginia Super

JOHN SHERMAN and his

child, a daughter,

developers and investors

counsel to artists, artists’

Lawyers. He is an adjunct

wife, Hobby, announce the

Georgia Carolynn, on

in joint venture negotia-

managers, and record

professor of trial advocacy

birth of their son, Joseph

September 14, 2012. They

tions, and landlords and

labels in the music

at the Law School.

McBride Sherman, on

live in Arlington, Va. Andy

tenants in leasing

industry. He drafts claims

recently started a new

transactions.

administration policies,

job with Iridium Satellite,

manages internal

September 7.

2006

CATHERINE STAHL is now

where he is director and

DOMINIC KOUFFMAN is now

procedures, and contrib-

partner at Kirkland & Ellis

senior corporate counsel

partner with Holland

utes to the design of

in Chicago, Ill., focusing

with overall responsibility

& Knight in Tampa, Fla.

claims review processes.

her practice on complex

for all intellectual property

Kouffman is a member

and litigation matters in-

of the litigation section,

MATTHEW M. SONNE is a

volving the company.

where he concentrates

partner in the labor and

on complex commercial

employment practice

DAVID J. GREENE is a partner

litigation, including

group with Sheppard

CHRISTOPHER MANGIN, JR. is

with Latham & Watkins in

contractual disputes,

Mullin Richter & Hampton

partner at Hunton &

Washington, D.C. He is a

business torts, fraud,

in Orange County, Calif.,

Williams in Richmond, Va.,

KATIE TOWNSEND has been

member of the corporate

and commercial credit

where he represents

focusing his practice on

named one of Law 360’s

department, where

litigation.

commercial litigation matters.

2007

employers in all aspects

federal income tax issues

rising stars for 2014 in

his practice focuses on

of employment law and

associated with real estate

media and entertainment.

investment fund forma-

related litigation.

capital markets transac-

She is a litigation associate

tions and real estate

with Gibson, Dunn &

companies.

Crutcher in Los Angeles,

tion, structuring, and related transactions, as

CHRISTOPHER J. TERHUNE is

well as the representation

now counsel with Vinson

Calif., where she is a

of institutional investors in

& Elkins in Washington,

member of the media and

alternative asset products.

D.C., where he focuses his

entertainment, appellate

practice on federal energy

and constitutional law, and

ALEXANDRA MACHINIST

regulation and energy

transnational litigation

recently joined ICM Partners

transactions.

and foreign judgments

in New York City, where she is a literary agent for a

60 UVA LAWYER / SPRING 2014

practice groups.

CLASS NOTES …

Doug Bouton ’10

Mike Keenan ‘08

Health-Conscious Entrepreneurs DOUG BOUTON ’10 and MIKE KEENAN ’08 worked in law firms for a few years before they left to launch two different, health-conscious businesses involving food: Halo Top Creamery and The Juice Laundry, respectively. Both start-ups are on track to make a healthy profit.

Halo Top Creamery

Bouton knew he and Woolverton could

businesses, scaling up nearly stopped them in

work well together, and the time seemed right,

their tracks a number of times. Their demand

Not long after he joined the corporate depart-

so they took the plunge. “We bootstrapped,”

that their product be all-natural, low-fat, and

ment of a large law firm, Doug Bouton realized

says Bouton, who quit his law firm job to

low-sugar proved a challenge to ice cream

it wasn’t a good fit for him. “In my case, going to

join the company while his partner worked

chemistry (sugar and fat help give ice cream

a big law firm was a mistake. But I chose a law

on research and development. Neither had

that creamy, scoopable texture).

degree because I knew it would open doors

experience in the food industry, and ice cream

and wouldn’t shut any. It’s all over the board

is in some ways particularly challenging. It

ingredients they use: organic strawberries,

what JDs are able to do with their degrees.”

took more than a year to learn the science of

Belgian chocolate, and organic Madagascar

making and packaging their Halo Top brand,

vanilla. Halo Top is the first and only light

www.halotop.com.

ice cream that is all-natural, with 7 grams of

Two years ago, in the Los Angeles lawyers’ basketball league, he met Justin Woolverton, a Columbia Law School graduate who was also

They invested their savings in the business

There’s no stinting on the high-quality

protein, 4 grams of carbs, and 70 calories per

pondering a career move. They became good

and raised $500,000 from about 20 friends

serving (a quarter of the calories in regular ice

friends. Woolverton’s passion for ice cream led

and family members. As with many new

cream). Instead of corn syrups and artificial

to their starting a business

sweeteners, Halo Top is

together—Halo Top Creamery.

sweetened with organic stevia.

Woolverton is hypoglyce-

Even the pint lid is a

mic; rollercoaster blood sugar

standout, with its shiny gold

levels have at times made him

rim. “We like to say it stands for

faint in public. He couldn’t

a halo of health,” says Bouton.

find the kind of ice cream he

Bouton is president and

wanted in stores, so he made

chief operating officer of the

his own all-natural, low-sugar,

business, and oversees all

low-fat, high-protein kind at

operations, inventory, storage,

home in a Cuisinart. Friends

shipping distribution, and

liked the taste of his healthier

sales. He also targets and

version so much that he be-

secures new accounts, among

gan to consider marketing it.

them Wegmans, Kroger, and

UVA LAWYER / SPRING 2014 61

CLASS NOTES …

Whole Foods. Halo Top is currently sold in

“It’s tough starting a business from scratch

Making the juice is both time and labor

approximately 700 stores and 30 states. In

and navigating the local, state, and federal

intensive. Keenan and three employees

Charlottesville, Foods of All Nations carries it.

regulations in the food world,” he says. “You’ve

grind fresh produce into pulp, then apply

got to have the knowledge and ability to

two tons of pressure to it in a hydraulic press

advertising can generate lots of talk, but not

interpret and abide by them. The food business

juicer to extract the juice. Two pounds of

much in terms of sales, Halo Top is focusing

is complicated and can be difficult. After law

produce go into every bottle. Keenan only

more on influencer marketing tailored to par-

school and four years practicing, I had the

uses organic produce and sources it locally

ticular groups. Fitness buffs, for example, can

confidence to know I could do this.” Law school,

whenever possible.

become brand evangelists, posting reviews on

he notes, gave him a broad skill set and taught

Facebook, YouTube, and Instagram. When their

him how to pay close attention to detail.

Because traditional public relations and

excitement catches on, sales take off.

It’s a cold-press operation, so no heat, no pasteurization, nothing added—just pure

The Juice Laundry produces 17-ounce

juice. Because it’s unpasteurized, it can’t be

bottles of fresh-pressed juice and nut milks,

sold wholesale to retail businesses. Keenan

cream category what Chobani has done in

including combinations like “citrus fire,” a

delivers to individual customers in Charlottes-

yogurt,” says Bouton, and it seems to be on its

blend of grapefruit, orange, lemon, ginger and

ville, Richmond, and other locations in Central

way: In the first quarter of 2014 Halo Top sales

cayenne pepper; “rinse + rebeet,” with beet,

Virginia, much the way the milkman once did.

were more than 75 percent of total sales for

carrot, cucumber, celery, and lemon; and the

He also has a regular stand at the booming

the entire 2013 fiscal year.

“green agitator,” with kale, spinach, cucumber,

farmer’s market in Charlottesville.

“Halo Top could do in the low-calorie ice

celery, apple, parsley, ginger, and lemon.

While many consumers enjoy individual

The Juice Laundry

When it comes to getting the word out about his product, he, like Bouton, places little

juices or milks, packs of seven are recommend-

stock in traditional advertising or PR. Word of

ed for one, two, or three-day cleanses. Why

mouth works best. “When people like what we

After law school, Mike Keenan worked at

cleanse? The human body does a good job

offer,” says Keenan, “we see their family and

a mid-size firm in Washington, D.C., for four

of getting rid of toxins, but it’s hard work and

their friends.” And word spreads rapidly; in one

years before deciding to make a career switch.

expends a lot of energy. A juice cleanse deliv-

year the Juice Laundry has grown to the point

He wanted to return to Charlottesville and do

ers concentrated nutrition in an easy-to-digest

where it has reached its peak capacity.

something new and different. His interest in

form, allowing the system to rest and heal. The

juices and other healthy foods inspired him to

company Web site, www.thejuicelaundry.com,

retail location that offers smoothies and a

launch his own business, The Juice Laundry,

includes a detailed explanation of the benefits

salad bar,” says Keenan. His regular customers

in 2013.

of cleansing and juicing.

can hardly wait.

62 UVA LAWYER / SPRING 2014

“The next step big step for us will be a full

—REBECCA BARNS

CLASS NOTES …

2008

2009

ELLIOTT M. KLASS joined Vedder Price in New York City as an associate and member of the global transportation finance team, where he focuses his practice on aviation finance. He was formerly with Latham & Watkins.

CHRISTINE BESTOR TOWNSEND joined Belin McCormick in

EDWARD A. MULLEN is with

Des Moines, Iowa, as an

Reed Smith in Richmond,

associate in the litigation

where he has an adminis-

and labor and employ-

RACHEL BROWN ’11 and NOAH MINK ’11 were married on September 15 at Trump

trative and legislative law

ment law groups. She was

Winery in Charlottesville, with many of their Law School friends in attendance.

practice before Virginia

previously with Katten

state agencies and the

Muchin Rosenman in

general assembly. Virginia

Chicago, Ill.

Business recognized

PRIYA ROY joined

She focuses her practice

him as a legal elite for

Montgomery McCracken

on complex disputes

Walker & Rhoads in

involving construction,

Philadelphia, Pa., as an

contract, and environmental law.

legislative, regulatory,

2011

and administrative law, 2011–13. He was named a

NOAH M. GALTON is an

associate in the litigation

rising star by Virginia Super

associate in the litigation

department, where she

Lawyers, 2010–13. In the

section at Jackson Walker

concentrates her practice

HAILEY ELIZABETH PROCTOR

fall he joined the adjunct

in Austin, Tex., where he

on commercial litigation.

married Michael James

faculty at the Law School,

focuses his practice on

Before joining the firm, Roy

Barnett (Darden ’12) at

HYUN (ERIC) YOON joined

co-teaching a seminar on

commercial litigation,

was a clerk for the Hon.

Pippin Hill Vineyards

Vorys, Sater, Seymour and

legislative drafting and

including contractual and

Michael F. Urbanski ’81

in Charlottesville on

Pease in Cleveland, Ohio,

statutory interpretation

real property disputes

and the Hon. Robert S.

September 7. The Barnetts

as an associate in the

with Lane Kneedler ’69.

and eminent domain. He

Ballou ’87, both on the

reside in Atlanta, Ga.

litigation group.

helped win significant

U.S. District Court for the

GREGORY W. OLSON joined

victories for Lone Star

Western District of Virginia.

the full-time faculty at

Transmission in two

San Joaquin College of

eminent domain cases

Law in Clovis, Calif., where

tried before juries in 2013.

he teaches real prop-

The company completed

erty. He also serves as the

electric transmission

legal director for the New

lines to carry wind power

American Legal Clinic,

through 11 counties

RYAN WOESSNER joined

which trains students in

in Texas but could not

Faegre Baker Daniels in

immigration law while pro-

reach an agreement with

Minneapolis, Minn., where

viding free legal services

landowners on the value

he is an associate in the

to the underprivileged

of their property. In both

corporate and franchise

immigrant communities

cases the jury reached

in and surrounding the

verdicts favorable to

JULIA ABELEV joined the

He focuses his practice on

Fresno area.

Jackson Walker’s client.

construction and litigation

cross-border transactions

practice groups with Lane

and mergers and

Powell in Seattle, Wash.

acquisitions.

2013

and distribution practices.

UVA LAWYER / SPRING 2014 63

IN MEMORIAM

Charles D. Nottingham ‘42

Edward R. Parker ‘52

Wilson R. Hart ‘60

Robert A. Jones ‘66

G. Moffett Cochran ‘76

Chapel Hill, N.C.

Richmond, Va.

Falls Church, Va.

Denver, Colo.

New Canaan, Conn.

November 29, 2013

December 10, 2013

March 2, 2013

September 14, 2013

November 18, 2013

A. Rutherfoord Holmes ‘45

Theodore M. Forbes, Jr. ‘53

J. Theodore Abrams ‘61

Waller R. Staples III ‘66

John F. McGinley, Jr. ‘77

Sykesville, Md.

Atlanta, Ga.

Birmingham, Ala.

Glen Allen, Va.

Alexandria, Va.

November 17, 2013

September 24, 2013

March 1, 2014

December 3, 2013

February 17, 2014

Franklin S. Billings, Jr. ‘47

Alfred W. Whitehurst ‘53

Peter C. Guthery ‘61

Robert J. Colborn, Jr. ‘67

Eric C. Olson ‘80

Woodstock, Vt.

Virginia Beach, Va.

Denver, Colo.

Hyattsville, Md.

Salt Lake City, Utah

March 9, 2014

November 10, 2013

March 27, 2014

January 23, 2014

February 5, 2014

Richard H. Feuille ‘48

Richard H. Barrick ‘54

John B. Rhinelander ‘61

Thomas C. Williams ‘67

James David Hathaway ‘84

El Paso, Tex.

Charlottesville, Va.

Gloucester, Mass.

Augusta, Va.

Tucson, Ariz.

October 22, 2013

December 8, 2013

March 2, 2014

February 6, 2014

February 10, 2014

Charles W. Houchins ‘48

Thomas M. Dudley, Jr. ‘55

Donald H. Rhodes ‘61

Kennon W. Bryan ‘68

Michael W. Hubbard ‘84

Arlington Heights, Ill.

Durham, N.H.

Virginia Beach, Va.

Great Falls, Va.

Excelalor, Minn.

January 28, 2014

December 26, 2013

December 21, 2013

April 13, 2011

June 28, 2009

Harrison M. Robertson, Jr.‘48

Robert S. Youry ‘56

Richard R. Jackson, Jr. ‘62

Craig M. Bradley ‘70

Robert B. Pomerenk ‘84

Palm Beach, Fla.

Morristown, N.J.

Stevenson, Md.

Bloomington, Ind.

Bethesda, Md.

December 16, 2013

August 6, 2013

February 13, 2014

August 7, 2013

March 26, 2014

Atwell W. Somerville ‘48

Charles D. Fox III ‘57

Thomas D. Soutter ‘62

Richard A. Graham ‘70

Roger D. Scott ‘86

Orange, Va.

Honolulu, Hawaii

Barrington, R.I.

Chevy Chase, Md.

Fredericksburg, Va.

February 23, 2014

February 14, 2014

September 30, 2013

June 27, 2013

November 4, 2012

William F. Koegel ‘49

George W. Patteson ‘57

Robert W. Ahrens ‘63

John R. Lacey ‘70

William R. Quinlan ‘88

Somers, N.Y.

Richmond, Va.

Leesburg, Va.

Old Saybrook, Conn.

Wilmette, Ill.

February 3, 2014

November 1, 2013

September 14, 2011

December 1, 2013

October 1, 2013

William A. Perkins, Jr. ‘49

Paul D. Summers, Jr. ‘57

Peter H. Madden ‘65

Richard J. Stahl ‘71

Mary C. Hamilton ‘92

Deltaville, Va.

Charlottesville, Va.

Rye Brook, N.Y.

Fairfax, Va.

Carmel, Ind.

January 10, 2014

January 18, 2014

December 21, 2013

November 24, 2013

February 10, 2014

James G. Bowman ‘50

Judson F. Ayers, Jr. ‘59

Robert F. Ruehl ‘65

Mary Lee Stapp ‘73

John Timothy Buckley ‘04

Harrisonburg, Va.

Greenwood, S.C.

Doylestown, Pa.

Chapel Hill, N.C.

Clinton, N.Y.

January 6, 2014

November 9, 2013

February 3, 2014

October 27, 2013

September 24, 2013

Richard E. McConnell ‘51

Frank M. Slayton ‘59

John R. Crumpler, Jr. ‘66

Paul Y. Virkler ‘74

Palm Beach, Fla.

South Boston, Va.

Norfolk, Va.

Richmond, Va.

January 16, 2014

October 29, 2013

October 17, 2013

October 18, 2013

64 UVA LAWYER / SPRING 2014

Morton H. Clark ‘60

Richard S. Williamson ‘74

Williamsburg, Va.

Kenilworth, Ill.

October 7, 2013

December 8, 2013

IN PRINT

NON FICTION A Very Principled Boy: The Life of Duncan Lee, Red Spy and Cold Warrior Mark A. Bradley ’83 Basic Books

Duncan Lee was a patriot, Rhodes Scholar, and descendant of the Lee family of Virginia. He was also a communist sympa-

thizer who leaked vital secrets to the Soviets during World War II. He was exposed to leftist politics while he studied at Oxford and became a committed member of the communist party. After joining the newly established Office of Strategic Services, he rose quickly through the ranks to become a chief assistant to the head of the OSS, a perfect position from which to pass key strategic information to his Soviet handlers. Through him, the KGB learned details of some of America’s most important operations, including

the D-Day invasion and plans for postwar Europe.

One of Lee’s handlers confessed to the FBI and outed him as a Soviet spy in 1945, but Lee managed to elude authorities repeatedly, in part because he had always insisted in passing secrets verbally. He left no paper trail. Paranoid, and disillusioned with communism, he became a cold warrior in China fighting Mao Zedong’s followers and died a free, though troubled, man.

To research this first biography of Duncan Lee, Bradley delved into Lee’s private papers, thousands of pages of declassified documents, and the handwritten notebooks of a KGB officer and journalist. His work reveals the dark intricacy of Soviet espionage inside the U.S. from the 1930s through the 1950s. The result is the fascinating tale of a traitor who chose his conscience over his country.

“An astounding story of espionage and counterintelligence, thoroughly documented and wonderfully told—a captivating read,” writes Hayden Peake, curator of the CIA’s historical intelligence collection.

Mark Bradley is an attorney in the U.S. Department of Justice’s National Security Division and a former CIA intelligence officer.

Intimate Associations: The Law and Culture of American Families J. Herbie DiFonzo ’77 and Ruth C. Stern University of Michigan Press

Today there are many different family formations, or intimate associations, that accompany the rise in divorce, single parenthood, cohabitation, and same-sex partnerships. Adoption, surrogacy, and reproductive technologies have also contributed to new family structures.

In Intimate Associations, DiFonzo and his wife, co-author Ruth Stern, investigate the social, legal, and economic implications—and challenges— of so many choices. They come with a high price in terms of social well being and economic stability, and the authors conclude that in a number of ways, children of married parents still have a better chance of succeeding than children of nontraditional households.

The idea of traditional marriage and parenthood is

outdated, and the courts and legislatures need to accept and adapt to more fluid concepts of family roles. The authors support providing legal recognition for varied family forms, but note that their thorough review of social science data strongly suggests that raising children is still best done by a married couple, whether opposite or same sex.

J. Herbie DiFonzo is professor of law at the Maurice A. Deane School of Law at Hofstra University. This is his second book.

90 Daily Devotions for Lawyers and Judges and Those They Serve Bert Goolsby LL.M. ’92 Concerning Life Publishing

The devotionals collected in this book were written to counsel, comfort, teach, and entertain.

Judges and lawyers will find them helpful, but they will also have a broader appeal for

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IN PRINT …

everyone served by the legal profession. The author quotes passages from scripture that reflect a number of different perspectives, including those of a lawyer (Luke 11:46), a judge (Psalm 82), an enabler (Acts 8:1), an apparent failure (Ecclesiastes 6:12), and a sinner (Romans 10:9).

Goolsby tells “war stories that lawyers and judges tell” to reinforce some of the points he makes. His peers—lawyers and judges—will likely find some of the courtroom stories familiar, but even those that are not familiar will ring true. “Wise, enlightening, poignant, funny, and appealing. … a masterful, beautifully balanced blend of devotionals exploring the scales of justice—man’s and God’s,” notes a reviewer.

Bert Goolsby recently retired as a judge on the South Carolina Court of Appeals.

Deadly by Design: The Shocking Cover-Up Behind Runaway Cars Tom Murray ’65 Mark Advertising

Runaway cars have killed and injured thousands of drivers.

Those who live to talk about their horrific experience insist that the brakes failed to stop their car. Even so, the National Highway Traffic Safety Administration has consistently blamed driver error for sudden accelerations. Deadly by Design begins with the author’s first sudden acceleration case and continues with fascinating details of the cases he has helped bring against Ford,

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Justice Among Nations: A History of International Law Stephen C. Neff ’76 Harvard University Press

Toyota, Volkswagen, Kia, and other manufacturers.

Murray has 15 years’ experience litigating with Ford and other automobile manufacturers, during which time it was discovered that engineers knew that there were problems with the electronic systems that could cause crashes. Ever mindful of the bottom line, manufacturers had rushed untested electronics to market, and after the fact, it would be too costly—in terms of dollars—to acknowledge the problem.

Through careful research of car company studies, reports, and documents, and testimony of car company representatives, Murray pieced together the behind-the-scenes story of how the federal government helped the car industry cover up the deadly problem. It’s time, he writes, for the automotive industry to stop forcing drivers to play a “secret game of automobile roulette.” More information and a video may be found at www. tom-murray.com.

Tom Murray is a trial lawyer and legal educator who focuses his practice on sudden acceleration litigation.

Justice Among Nations tells the story of the rise of international law and its history, from ancient times to the present.

The first basic set of doctrines came from China, but later the Romans set natural law, a universally applied law that took the place of earlier laws and governments. In medieval times, when European states came into contact with people from East Asia and the New World, conflicts between Christian and non-Christian people made it necessary to find legal solutions to problems. In the seventeenth and eighteenth centuries international doctrine as we know it today began to take shape.

of law: terrorism, genocide, and environmental pressures.

“Justice Among Nations is by far the best general survey of the history of international law to date,” writes Randall Lesaffer, author of European Legal History: A Cultural and Political Perspective.

Stephen Neff is a reader in public international law at the University of Edinburgh School of Law.

From Marshall to Moussaoui: Federal Justice in the Eastern District of Virginia John. O. Peters ’61 The Dietz Press

With the nineteenth century came the growth of free trade and international organizations, nationalism, European imperialism, and arbitration of disputes. The twentieth century brought the plan for the League of Nations and a World Court, but also socialist and fascist states and the cold war. Neff describes the most recent threats to the rule

From the time of the Founding Fathers and the first Judiciary Act in 1789, the court of the Eastern District of Virginia has dealt with issues that touch upon nearly every aspect of American life. John Marshall sat on the bench of this court from 1801–35, his entire tenure as Chief Justice of the Supreme Court. He confronted his cousin, Thomas Jefferson, in two important court cases, Aaron Burr’s trial for treason and Livingston v. Jefferson.

The admiralty jurisdiction includes a fascinating history of cases involving pirates, treasure,

IN PRINT …

and emerging Latin American republics. During the Civil War, Virginia had both federal and Confederate courts within its borders. The Eastern District was again front and center during the tumultuous years of the struggle for civil rights and school integration. More recently, cases that involve wireless communications, uranium mining, espionage, and international terrorist Zacharias Moussaoui have made their way to the docket.

“From Marshall to Moussaoui: Federal Justice in the Eastern District of Virginia artfully traces the precedential decisions of a court that has made a rich contribution to the history of our Constitution,” writes U.S. Supreme Court Justice Antonin Scalia. “John Peters’ book is well-researched, informative and quite entertaining.” Governor Gerald Baliles ’67 hailed Cooper’s book as “ a rich and robust reflection of the history of America.”

John Peters practiced law for 30 years as a commercial litigator.

Encountering Jesus in Word, Sacraments, and Works of Charity Peter J. Vaghi ’74 Ave Maria Press

Monsignor Peter Vaghi describes in his latest book the three main ways Catholics encounter Jesus—through scripture, through the celebration of sacraments, and through charitable works.

Each section of the book looks at one of the three major ways Catholics encounter Jesus.

In the first section about the word, or scripture, Vaghi shows how scripture is the way believers are introduced to Jesus and begin to build a relationship with him. In the second section, Vaghi shows how the three sacraments of baptism, penance, and communion are all paths to strengthen faith and bring Catholics closer to Jesus.

In the third section, he reflects on how acts of charity and the practice of loving others as ourselves brings us closer still. “A beautiful and thoughtful study,” writes Cardinal Donald Wuerl, Archbishop of Washington.

“The most important thing that can happen to a person,” according to Pope Francis, “is to encounter Jesus, who loves us, who has saved us, who gave his life for us.”

Encountering Jesus in Word, Sacraments, and Works of Charity offers reflections, prayers, and insights on how Catholics can deepen their faith and this key relationship in their religious life.

Peter Vaghi is a pastor and author of the four-volume Pillars of Faith series. He practiced law for many years and continues his membership in the Virginia State Bar and the D.C. bar. He offers Catholic counsel to the profession.

FICTION King and Maxwell David Baldacci ’86 Grand Central Publishing

Sean King and Michelle Maxwell, former Secret Service agents who became private investigators, are back at work on a perplexing mystery.

In King and Maxwell, a teenage boy named Tyler Wingo receives the news that his father was killed in action in Afghanistan, but later, his father sends word to him. The teen hires King and Maxwell to find out what happened.

The father, Sam Wingo, isn’t dead. He was somehow involved in a secret and highly sensitive military operation that went wrong. To avoid becoming the fall guy and being put away in prison, he has gone into hiding. Pursued by Afghan rebels and the U.S. government, Sam Wingo is in great danger.

Somehow, no matter how risky, he’s determined to return to the U.S. and his son.

Back at home, the Department of Defense and Homeland Security pressure Sam to accept the official report of his father’s death. Asking too many questions, they say, could ultimately threaten national security. The action heats up, with breathtaking car chases, gunplay, and explosions. The lives of King and Maxwell are on the line.

How much power should a government wield over its citizens, even when national security issues are involved? The question echoes in our troubled

times, and the fast-paced action keeps the pages turning.

David Baldacci and his wife, Michelle, started the Wish You Well Foundation to promote literacy. Visit his Web site at www.DavidBaldacci.com.

The Finisher: They Don’t Want You to Know the Truth David Baldacci ’86 Scholastic Press

In an isolated settlement called Wormwood, curiosity is never encouraged. The leaders go about their business under a veil of secrecy.

A rebellious teenager named Vega Jane, the heroine of this exciting teen fantasy, works hard at her thankless job, putting the finishing touches on luxury goods she could never afford. She begins to think there’s a larger world out there

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IN PRINT …

that has been hidden from her.

The plucky girl is determined to break free, and she decides to follow the town’s other Finisher, who’s disappeared into a strange and dangerous land filled with garms, adars, jabbits, and other weird beasts.

Defiant, and armed with self-confidence, budding magical powers, and magical tools, Vega Jane overpowers men and threatening monsters, and heads over the town wall to find out about the world outside.

A “wildly fanciful and darkly intriguing tale,” notes a review in Publisher’s Weekly.

influence the media with one goal: to end Christianity as we know it. Propaganda seeps into everything. A nightmare is brewing.

Jack Stone, a constitutional lawyer and firm believer in Christ, sees the rights of his fellow Christians pushed aside.

Their churches have been attacked and bombed. Nemesis, a terrorist group, targets Christians, their ultimate aim to eliminate Christians from the United States. The word within the FBI and the White House is to avoid wasting time and money on the threat.

When the president of the United States declares martial law and rallies a war against the Christian community, the believers know their only chance depends on help from God. This is Brian Chilton’s first book.

Christian Nation Frederic C. Rich ’81 W.W. Norton

Issachar’s Heirs Brian S. Chilton ’92 White Feather Press

In the near future that is portrayed in Issachar’s Heirs, religious feuding has reached a boiling point in the United States, and tolerance for conflicting beliefs is at a nadir.

A powerful group believes that “our nation could never be the kind of humane, enlightened nation we need unless intolerant fundamentalist Christians were neutralized.”

This group, with ties that reach into the White House, is able to manipulate events and

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In this intriguing work of political fiction, John McCain wins the 2008 presidential election.

Shortly thereafter, he dies suddenly of an aneurism and Sarah Palin becomes president.

As Christian Nation opens, nearly a decade has passed since fundamentalist Christian forces won the Holy War and took control of the United States. Their belief is called “The Blessing,” and those who do not follow it are denied the basic rights taken for granted by most Americans.

The narrator of the novel has been taken to an abandoned

cabin in upstate New York and is told to remember and write.

He traces the country’s descent into religious authoritarianism, fueled by a struggling economy, terrorism, and the ambitions of evangelical extremists.

Greg, a lawyer on Wall Street; his girlfriend, a New York investment banker; and Greg’s best friend, an Internet entrepreneur, must make a choice between their personal ambitions and their moral responsibility.

“Read as a cautionary tale or a terrifying what-if, this dystopian alternate reality makes riveting, provocative reading,” notes a review in Booklist.

Frederic Rich has practiced as an international lawyer for 30 years.

POETRY One for the Heart: A Collection of Poems G. Raye Jones ’82 CrossBooks

In One for the Heart, G. Raye Jones expresses the strength of his faith in God and his belief that only through God’s love can we live a faith-filled good life.

His conversion occurred at a revival meeting in his hometown of Rawlings, Va., when he was nine years old.

The poems in this collection describe the difficult times in which his faith pulled him through. He writes about the meaning of friendship, the beauty of eternal love, his compassion for others, and his commitment to a life in Christ.

A verse from “One for the Heart” proclaims the strength of the poet’s commitment to his faith: One word from you changes everything One word provides strength and grace And as one for the heart in this country boy’s life I can never thank or repay you, But do or die I must try.

G. Raye Jones is an estate and tax planning attorney and a pastor.

OPINION

On the Heads of Women*

By Kathy Robb ’80

girl awakes; washes her hands and face with warm, clean water running from the tap in her bathroom; dresses; grabs breakfast; brushes her teeth with cold, clean water from the same tap; flings her books and papers into a satchel that her mother worries is too heavy for her light and growing frame; and races out the door to the bus.

Another girl awakes, splashes cold water from a basin onto her face, grabs breakfast, and takes a large, empty container from the corner as she races out the door to join some other girls and start walking the six miles to her destination.

The first girl, my own daughter, is an American and lives in New York City. Every day she enjoys—without giving it a second thought, in the same way she breathes the air or assumes that she will have Internet access on demand—delicious water at the temperature of her choice from taps at home, at school, in museums, in public bathrooms, and in the pizza place around the corner.

The second girl lives in Africa but could be from any number of other places in the world today where there is no water service. She is the water service. And because she must walk more than six miles each way and stand in line for a couple of hours to bring water to her community, she does not go to school.

The first time we flush a toilet each day in the United States, we use about five gallons of water—more water than one out of every five people in the world has available to drink, cook, clean, and wash over a whole day.

There have been only a handful of instances when a new idea has marked unmistakable and instantaneous change from everything that has come before—where an innovation stands like a bright line

between past and future and alters the way we think about ourselves and the world we live in. One such instance—at least for me—is that remarkable photograph of Earth taken from space back in 1972, during the last manned U.S. moon mission, Apollo 17. That iconic photograph, called the blue marble, demonstrates vividly that water (mostly salt water) covers about 70 percent of the planet. In fact, oceans make up more than 97 percent of the water on Earth, but it is expensive and highly energy intensive to take that salt water and make it usable. About 2.5 percent of the planet’s water is fresh, but more than two-thirds of fresh water is locked up in the polar ice caps and glaciers. What is left, in aquifers, wells, rivers, and lakes, amounts to trillions of gallons, but still only a very small amount compared with all the water available. In 1972, when the “blue marble” photo was taken, there were about four billion people on Earth. Today, within just one generation, there are almost seven billion. It is projected that by 2050 there will be nine billion. Based on these statistics, water consumption is doubling every 20 years.

There is another reason that photo of Earth, looking like a blue marble floating in space, beautiful and fragile, is important. For the first time, we saw our planet as an indivisible whole, with no political boundaries and nothing to suggest that it is inhabited and being constantly changed by those who live here. The innovative technology that took us into space allowed us to see Earth from a perspective never before possible. That photo dramatically altered our appreciation of the natural environment and drove home that whatever happens on the planet happens to all of us. It illustrates that water is at once local and global.

IMAGE COURTESY NASA JOHNSON SPACE CENTER GATEWAY TO ASTRONAUT PHOTOGRAPHY OF EARTH

A

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OPINION …

A woman carries metal pitchers filled with water from a nearby well at Badarganj village, in the western Indian state of Gujarat, August 5, 2012.

Armed with the latest monsoon rainfall data, weather experts finally conceded that India is facing a drought, confirming what millions of livestock farmers around the country had known.

I have always loved the ocean. My father had been in the Navy as a young man, and my brothers and I enjoyed playing in the waves in visits to sandy white Jones Beach, starting when we were babies. Later, growing up in Texas, I came to appreciate the difference between the ocean and a swim in a lake, and the contrast between the sweet-tasting water from the tap in New York and the municipal sources in Dallas, on the one hand, and the occasional well water we had when visiting friends in more remote parts of Texas. But it was only relatively recently, in Silicon Valley, that I came to understand the crisis in a lack of drinking water globally, and how it is tied to women and girls.

In 2000, journalist Ann Goodman contacted me with the kernel

70 UVA LAWYER / SPRING 2014

of an exciting idea about an organization for professional women, to promote and encourage sustainability. My enthusiasm and interest were immediate. I saw sustainability as a dynamic concept that, implemented in all its depth, could bridge differing views on environmental issues and bring together citizens’ groups, regulators, and industry. Here, perhaps, was a way to move beyond the polarizing conflicts that had characterized the beginnings of environmental thinking in the United States. With a handful of similar-minded women, we founded the Women’s Network for a Sustainable Future (WNSF).

At a WNSF-organized peer learning program in Silicon Valley shortly afterward, we heard from several technology companies about

REUTERS/AHMAD MASOOD

OPINION …

their efforts to bring laptops to the world’s poorest children. Their goals were to teach and to connect isolated children to the larger world. Their stories were similar and fascinating. It turned out that to teach schoolchildren through computers, they first needed water.

The original intention of the companies was to distribute laptops and run educational programs through schools. They quickly found in their early planning, however, that in many locations there were no schools, or the schools were only sparsely attended, because there was no water or sanitary facilities available. Girls were especially affected by the lack of sanitation, because they required privacy, and because they stopped coming to school altogether once they started menstruating,

because of the lack of separate sanitary facilities. Both boys and girls often missed school as a result of illnesses from contaminated water.

And of course, many of the locations lacked the power that was required to run any laptop.

So these inventors of technology did what they do best—they innovated. They partnered with governments and nongovernmental organizations whose expertise was improving sanitation and water facilities, and with organizations whose mission was to help build schools. They provided the laptops and the educational programs as they had intended and were rewarded with the satisfaction of seeing the benefit to the children from their work.

Around the world—in remote parts of Africa, India, Brazil, Chile, Egypt, China, Russia, and Nepal, in Haiti and Togo—it is often women and girls who are responsible for providing water to households, women and children who are primarily responsible for collecting and managing water and making it safe to drink for their families. They travel several miles each day from their home in search of water, spending as much as eight hours a day collecting water. Every drop of water carried home must be managed carefully so there is enough for drinking, cooking, cleaning, bathing the family, and watering the vegetable garden. This means that millions of women and children spend hours each day searching for water, waiting in line for water, and carrying it back home on their heads, hips, or backs, causing damage and pain to their necks and spines. A water treatment engineer working in Haiti once reported watching women climb up and down a mountain path two miles each way every day carrying five-gallon buckets on their heads. Filled with water the buckets weighed about 40 pounds. The engineer scarcely washed for four days, to limit as much as possible any contribution to the women’s burden.

Fetching water far from home can also be more immediately dangerous. Traveling out of their communities across comparatively long distances on foot, women and girls face the threat of sexual attack.

In some cultures, rape victims, and the children of rape, are ostracized by the community. And I should mention that spending 60 percent or more of each day providing water leaves little time for other activities, including going to school, growing and preparing food, and working to produce income. It is estimated that in India alone, women spend 150 million workdays per year fetching water, equal to a national loss of income of 10 billion rupees ($167,000,000).

The issues of clean water and sanitation cannot be separated. Rural water sources in developing countries are frequently contaminated, and even if there is a more healthful source, added distance, fear of travel, and time constraints may result in women’s obtaining, or accepting, lower quality water—not only in rural settings, but also in cities, where clean water may be priced out of reach for the poor or otherwise unavailable; indeed, contaminated water is the only option for some.

Women and children are also the ones who suffer from inadequate sanitation during childbirth as the result of a lack of clean water. In Tanzania, women report taking clean water as the most highly prized

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OPINION …

gift for new mothers. And it is women who care for family members latrines; introducing pump handles that are easy to use and maintain; with waterborne diseases, most often their children. constructing a water tank that can be hooked up to existing, unused Moving water to communities by means other than on the backs supply pipes, rather than building an entirely new, more expensive of girls is an engineering problem that has been addressed successfully system; planting trees to combat deforestation and improve watershed before. After all, the Roman Empire began construction of its amazing quality; building a well pump that runs on the power from children gravity-driven aqueduct system almost 2,300 years ago. By the time playing on swings and other playground equipment; erecting stone the system was completed, some 500 years later, Rome’s 260 miles of barriers to prevent runoff and filter water—all these actions and many water infrastructure were capable of delivering 85 million gallons of others have been taken by communities to dramatically improve water water a day to the one million citizens of the ancient city. supply and, as a consequence, the lives of their people.

Most scholars agree that any solution to water availability must The United States has an unparalleled opportunity to establish include community women in decision-making and water manageand implement a strong global water policy that benefits the needy, ment to reach effective solutions. Studies in Asia and Africa suggest encourages sustainability, advances economies, and saves millions of that women are not often part of water managechildren’s lives. In his Inaugural Address, President ment organizations in the community, resulting Obama vowed to the world “to work alongside in decisions that are not optimal. For example, Moving water to you to … let clean waters flow.” We need to make establishing a water source on a main road close good on this promise. And we need to encourage communities by means to home may address the issues of long-distance developing countries to promote sustainable other than on the travel to obtain water and free women to pursue water through their regulatory frameworks. education and income-producing work, but the The great poet Horace, who enjoyed the backs of girls is an location in a public place may have other issues water brought to his city by those Roman aqueengineering problem that are not addressed and that are crucial for ducts built 2,300 years ago, said, “To have begun that has been addressed these women, such as safety and modesty. is half the job: be bold and be sensible.” We have Not surprisingly, water engineering tends to begun the job of getting clean water to all people successfully before. emphasize providing water facilities, leaving the who need it, by identifying the problem and the social issues to be sorted out over time. Women’s answer. Now is the time to be bold and sensible, involvement in water management can sometimes and finish that job, creating solutions that don’t be seen as largely a household function centered bear the weight of water on women’s heads. on providing, managing, and safeguarding water for the family, although studies show that women Kathy Robb ’80 became interested in environmental are equally interested in exploring ways to be issues as a child, while riding in the backseat of engaged in income-producing enterprises. Of the family station wagon out west. A partner with course, improvements in water supply address Hunton & Williams in New York, she focuses exboth. A gender focus on water management would clusively on environmental law, including litigation involve a reexamination of the social approaches in federal district and appellate courts and advice and how they might differ for men and women. on regulations, compliance, and environmental There is also agreement that engineering risks. She works on water issues under the Clean solutions must be compatible with the culture and Water Act, the Endangered Species Act, the Natural on a scale with the problem. In considering how Environmental Policy Act, water-related Superfund to provide safe, sustainable supplies of drinking sites with PCBs and other contamination in sediwater and improved sanitation and hygiene, the challenge is not ments and groundwater, representing clients that include water districts, finding solutions—proven, effective, sustainable solutions abound developers, electric utilities, energy companies, investors, lenders, chemical that are simple and inexpensive and can be taken individually and manufacturers, and paper mills. Robb is a co-founder and currently collectively. The issue is awareness and implementation. chairs the Women’s Network for a Sustainable Future, a nonprofit orBy tapping into creative, innovative thinking, we are finding less ganization advancing sustainability, and a former board member of costly and more efficient ways to address water issues and get those the Environmental Law Institute in Washington, D.C., where she serves girls to school. Small projects like establishing a water purification as vice-president of the Leadership Council. She chaired the ABA’s 31st lab for a local hospital where more than half the patients were being Annual Water Law Conference last year. treated for waterborne diseases; using chemicals available locally to *Reprinted from Written in Water: Messages of Hope for Earth’s introduce simple methods of water purification; supporting local efforts Most Precious Resource, published by the National Geographic to design a water treatment center; designing and building simple Society, 2010.

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