Guarding the Gates
From the DEan
Public Service and National Security Paul Mahoney
So many Virginia lawyers answer the call to public service, from serving in the United States Senate to volunteering in a local school or hospital and everything in between. The lawyer’s skill set of analysis, judgment, and communication ensures that lawyers are in high demand in their communities. Because Virginia lawyers combine this skill set with civility, integrity, and leadership, they add even more value in their public service activities. Seldom, however, has one law school had as much impact on a critical mission of the federal government as Virginia Law graduates and faculty are now having on national security. This issue of UVA Lawyer profiles some of those outstanding public servants and the difficult jobs they perform with such dedication. The Department of Homeland Security is an extraordinary organization and it takes an extraordinary person to run it. The department’s size and scope and the time-sensitive nature of its activities require a leader who combines vision with attention to detail across a wide range of substantive areas. America is fortunate that Secretary Janet Napolitano ’83 is just such a leader. Secretary Napolitano was recently in Charlottesville to accept the Thomas Jefferson Foundation Medal in Law, the University’s highest honor. She was kind enough to speak to us for an article highlighting the Department’s work and its extensive Virginia connections. Secretary Napolitano has attracted some of the finest talent the Law School has produced to DHS. In the General Counsel’s office is Professor David Martin, who took a leave from his faculty position to help out his former student. Among the attorneys Martin supervises is Associate General Counsel for Immigration, Nader Baroukh ’99. Alice Hill ’83, Napolitano’s section mate and moot court partner, is senior counselor to the Secretary. John Morton ’94 heads U.S. Immigration and Customs Enforcement, one of the 16 primary components of DHS. John’s principal legal advisor is Peter Vincent ’95. Virginia’s contribution to keeping the nation safe does not end, of course, with DHS. Robert Mueller ’73 is the Director of the FBI. Tom Donilon ’85 is the Deputy National Security Advisor to President Obama. Dan Sutherland ’85 heads the Global Engagement Group of the National Counterterrorism Center after serving as the Officer for Civil Rights and Civil Liberties of DHS. Dan discusses his work with the NCTC and the role of civil liberties in the prevention of terrorism in these pages. It is no coincidence that the Law School has contributed so much to the national security effort. Under the wise and knowledgeable direction of Professor John Norton Moore, we have been a leader in national security law for decades. As Professor Moore notes inside, upon its creation in 2003, the DHS paid the Law School’s National Security Center the ultimate compliment by sending some of its personnel to our summer National Security Workshop. The years since September 11, 2001 have brought unprecedented public scrutiny to the federal government’s efforts to gather intelligence, monitor our transportation system, police our borders, and respond to large-scale disasters. This has rightly included passionate debate about the protection of civil liberties in a time of external threats. Virginia has left its mark here as well. Our former colleague Jack Goldsmith was a central participant in the debate over interrogation methods, first within the Department of Defense and later within the White House. Greg Nojeim ’85, interviewed herein, is one of our many graduates working as an advocate for more robust civil liberties protections in the process of gathering national intelligence. Finally, we profile a team of our graduates who have developed a unique approach to fighting notario fraud, a little-known but widespread problem in our immigration system. The Law School community has ample reason to be proud as we read the daily news coverage of the federal government’s efforts to keep the nation safe. I hope you enjoy this wide-ranging discussion of the Law School’s substantial impact on the theory and practice of national security law and policy.
Spring 2010 / Vol. 34, No. 1
Public Service and National Security
Law School News
Faculty News & Briefs
National Security Law at Virginia John Norton Moore
On the cover: Sgt. David Cray walks thru a border gate along the Mexican/United States international border on the Tohono O’Odham Indian Community near Sells, Ariz. With gadgetry such as custom-built ramps as well as ultralight planes, false doors and good old-fashioned duct tape, smugglers have demonstrated unbounded creativity when it comes to sneaking drugs across the border. (AP Photo/Matt York)
Guarding the Gates: Dedicated Alumni Find their Calling Cullen Couch
Keeping Uncle Sam from Spying on Citizens Elinor Mills
Q&A with Daniel Sutherland ’85, National Counterterroism Center Cullen Couch
Lost in Translation: Liberty and Justice for All Denise Forster
Back cover: In front of a five mile section of border fencing, Master Sgt. Ken Clemens, a member of the 200th Red Horse Air National Guard Civil Engineering Squadron from Camp Perry in Ohio, works on a new guardrail at the border in Nogales, Ariz. (AP Photo/Ross D. Franklin)
Find us online FACEBOOK: facebook.com/uvalaw YOUTUBE: youtube.com/UVALawSchool TWITTER: twitter.com/UVALaw LINKEDIN: law.virginia.edu/linkedin
Editor Cullen Couch
It [has] been the wise policy of these states to extend the
Associate Editor Denise Forster
protection of their laws to all those who should settle among
Contributing Writers Rebecca Barns
them of whatever nation or religion they might be and to
admit them to a participation of the benefits of civil and
Photography Tom Cogill; Rob Seal; Mary Wood
religious freedom, and … the benevolence of this practice as well as its salutary effects [has] rendered it worthy of being continued in future times.
Law School News Supreme Court Litigation Clinic Gets Third Win by Rob Seal
he Supreme Court has ruled in favor of a client of the Law School’s Supreme Court Litigation Clinic, the third victory for the clinic out of four cases decided by the court. Bloate v. United States involved the federal Speedy Trial Act, which sets a limit on the number of days that can elapse between the time a defendant is charged and brought to trial. In a 7-2 decision, the Supreme Court ruled that Taylor James Bloate’s right to a speedy trial was violated, a position that Supreme Court Clinic instructor Mark Stancil ’99 argued in November. “The decision is significant in several respects,” Stancil said. “Most importantly, it vindicates Congress’s
clearly expressed intent on an issue that arises in the vast majority of federal criminal cases that go to trial.” Bloate was charged with being a felon in possession of a firearm and with possessing cocaine base with intent to distribute. He argued that the 28 days allotted for the preparation of his pretrial motions put the government over the 70-day speedy trial limit. Federal courts of appeals had previously split on the question of whether such time counts against the clock. The Speedy Trial Act specifically addresses the exclusion of time relating to pretrial motions, and it declares that only the time between filing and disposition of the motion
should be excluded from the speedy trial calculation. “The decision is especially gratifying because eight of the ten circuits that had decided the question had ruled in the government’s favor,” Stancil said. “The Supreme Court concluded, by a wide margin, that longstanding principles of statutory interpretation mattered more than reaching an outcome that might, in an individual case, benefit a criminal defendant.” In February, the Supreme Court agreed to hear a fifth clinic case, Kevin Abbot v. United States of America, which will be argued in October or November.
Students and faculty involved in the Supreme Court Litigation Clinic.
UVA Lawyer • Spring • 2010
Law School News
Immigration Law Clinic Helps Client, Daughter Achieve Permanent Resident Status By Ashley Matthews
or Jesus Muniz and her daughter, a long and difficult road to permanent resident status in the United States finally ended last fall with the help of the Law School’s Immigration Law Clinic. The achievement was the culmination of years of work by clinic students, who helped Muniz use a law designed to help women escape abusive relationships without jeopardizing their pursuit of permanent immigration status. “I was so grateful to have someone to help,” Muniz said. “At that time, I had nothing, no money, and I was scared about how everything was going to work. It was a miracle to find people like [clinic director] Doug Ford and the students.” Muniz was referred to the clinic in 2006 by a shelter in Danville, Va. The Mexican immigrant had complicated circumstances surrounding her quest for legal status, which began when she petitioned for permanent resident status through her sister. However, Muniz met and married an American man, which invalidated the petition she had previously filed. She re-filed for residency through her new husband after she had moved with him from Texas to Virginia. Soon after the move, Muniz said her husband became abusive. She eventually moved, with her teenage daughter, to a shelter. “He assaulted me verbally, pinched me and he was not being a good man,” Muniz said. “He said if we left, he was going to have us deported. He thought he had us in his hands because he was our only way for citizenship. He was doing drugs, so we moved out.”
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“Immigration is a thankless job. You spend a lot of time telling people there’s nothing you can do.” This type of situation is not rare, said Patricia Dangelo, who worked on Muniz’ case as a student in the Immigration Law Clinic. Dangelo continued working on the case after she graduated in 2008. “We develop a personal relationship with each of these clients,” said Dangelo, who is 60. “These cases are very difficult. Abusers use their status to hold the woman hostage with her immigration status.”
The U.S. Violence Against Women Act allows women who are the victims of abuse by their American citizen partners to file for permanent residency independent of their abusers. Though Muniz had previously self-petitioned under VAWA, UVA law students assisted her throughout the process of earning permanent residence status. The process was complicated, as Muniz had filed for residency three separate times. After sorting out an intricate tangle of paperwork, Ford and the students provided constant legal services for Muniz and her daughter, 18-year-old Jahaira Carrillo. They stepped in when Muniz received a traffic citation that could have placed her pending status in peril, and Dangelo prepared and escorted Muniz to her exit interview. “If I was rich, I would pay so much for the hard work the students
Law School News
Law School Revamps Public Service Loan Forgiveness by Mary Wood
have done,” Muniz said. “But I don’t have money to give them, so they have my heart.” Now that Muniz and Carrillo have both received permanent residence status, they will likely have the opportunity to become American citizens in the future. Muniz is working as a restaurant manager in Danville, and is also attending community college. Carrillo, who has also been attending community college, hopes her new status will enable her to begin attending a fulltime, four-year university later this year. She plans to major in biology. Dangelo said the experience of assisting the women in their petition for residency was immensely rewarding. “Immigration is a thankless job. You spend a lot of time telling people there’s nothing you can do,” Dangelo said. “When you see someone finally get something, you think ‘Yes!’ It’s so exciting when they get their status. They know they can stay here and finally be comfortable.” The Immigration Law Clinic is offered in partnership with the Legal Aid Justice Center. Ford said working with clients through a clinic offers an invaluable opportunity for students to practice real law. “This is a public service. The law student gets to work with a real person, understand the facts and then figure out how it fits into a legal framework. The student then persuades, makes critical judgments and strategizes,” Ford said. “It can be a challenge, working across language, across culture. The student has to put the client’s story together with the law. It’s core legal skills and advocacy.”
aw School graduates who choose careers in public service will soon be able to take advantage of a more generous loan forgiveness program, the Law School announced. Under the new Virginia Loan Forgiveness Program (VLFP II), graduates who take public service jobs that pay less than $75,000 per year will be eligible for loan assistance. The new program will cover the entire annual loan payments for graduates who make $55,000 or less. “The changes are designed to enable even more of our graduates to participate in the program with the goal of allowing students to pursue the careers they want regardless of educational debt,” said Dean Paul Mahoney. Under the current loan forgiveness program, graduates who take public service jobs that pay less than $35,000 per year are eligible to have their entire loan payments covered. Raising that threshold will make public service work a viable possibility for more graduates, according to Jason Wu Trujillo ’01, senior assistant dean for admissions and financial aid. “Qualifying graduates who decide to work in public service will see less out-of-pocket expense than before,” Trujillo said. The new program will be available to members of the Class of 2013 and later who enter qualifying employment within two years of graduation, or within two years of completing a judicial clerkship taken immediately after law school. Qualifying positions include legal jobs with federal, state and local governments; legal aid offices; prosecutor offices; public defender offices; and legal reform groups that qualify as nonprofit organizations under the criteria established by federal tax law. The new program also requires that participants place their loans in the federal Income Based Repayment Plan (IBR), which factors in annual income, educational debt and family size to determine a graduate’s monthly loan repayment obligation. “The IBR plan structures graduates’ loan payments around their income,” said Director of Financial Aid Jennifer Hulvey. “For graduates who are making less, their payments will be less.” The current loan forgiveness program requires that participants pay 50 cents on each dollar they make above $35,000 per year. For example, a graduate working in a public service job paying $55,000 per year would be required to pay $10,000 per year toward his or her loan repayment obligation, and the Law School would cover the rest. In the new program, that same graduate would have 100 percent of his or her IBR-determined loan repayment obligation covered by the Law School. For graduates earning between $55,000 and $75,000, the new program will cover a prorated share of their loan repayment obligation under IBR. Participants may stay in the new loan forgiveness program for up to 10 years. Under a separate federal loan forgiveness program, the federal government will forgive remaining student loan balances for graduates with qualifying loans who have worked in eligible public service jobs for 10 years.
UVA Lawyer • Spring • 2010
Law School News
Administrative Changes Can Benefit Immigration System by Rob Seal
hough comprehensive legislation would provide the best fix for the country’s immigration system, administrative reforms can accomplish much in the interim, Professor David Martin said. Martin, who is on a leave of absence from the Law School to serve as principal deputy counsel at the Department of Homeland Security, (see related feature) spoke to students and faculty at an event sponsored by the Immigration Law Program at the Law School in March. A lot of behind-the-scenes work has been underway on comprehensive immigration reform legislation, but passage of a bill isn’t imminent, Martin said. “There are difficulties in immigration reform best addressed by legislation, but if it is stalled, there are good measures that can be done administratively,” he said. There’s also a lot of meaningful work for lawyers, and Martin encouraged students in the room to consider public service. “There is a long tradition of UVA law grads being involved in government,” he said, citing Homeland Security Secretary Janet Napolitano ’83. “There is a lot of room for attorneys to contribute in a really meaningful way.” Current efforts to improve the immigration system through administrative changes include initiatives to improve workplace immigration enforcement, redirect immigration efforts toward individuals with criminal records or associations, and improve the detention system, Martin said. Immigration raids at job sites — or “workplace enforcement efforts” — are a part of immigration
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enforcement, but efforts are underway to implement systems with more far-reaching effects, Martin said. “We came in thinking there is a much better way to do workforce enforcement,” he said.
The department has increased audits of I-9 tax forms, which are used by employers to verify an employee’s identity and eligibility to work. DHS is also encouraging employers to use the E-Verify system, an Internet-based application that allows an employer to verify a prospective employee’s work status. Such measures can help employers who want to comply, and can help limit unfair competition that legitimate businesses face when their competitors skirt the rules, Martin said. “It’s also ultimately very valuable for the workers,” because it prevents wage and condition deterioration, he said. Martin said credible enforcement efforts will help facilitate comprehensive immigration reform legislation,
and that he thinks Napolitano has struck the right balance between enforcement and reform. “We have been trying to redirect our enforcement toward those with criminal records or association with criminal elements,” Martin said. A new program called Secure Communities allows law enforcement agencies to check the fingerprints of suspected criminals after their arrests against a DHS database to determine immigration status and criminal history. “I have a feeling we’ll be hearing a lot more about that,” Martin said, adding that DHS worked with its civil rights office to make sure the program doesn’t lead to racial profiling. Though detention is a necessary part of the immigration system, facilities are often far away from the places where detainees are picked up, and are all built on the standard of pre-trial detention facilities meant to house suspected criminals. “For some people this may be appropriate, but not for much of this population being held for civil, not criminal, violations,” Martin said. He said reforms are underway to set up less restrictive conditions for non-dangerous detainees. “It should, in the end, save money,” as immigration detentions can cost $100 per day per detainee.” Much can be done administratively to aid the asylum process, he said. The regulation process has become much more difficult in recent years, but there is still ample room for attorneys to aid the system. “There is so much that can be done through working in government,” he said.
Law School News
Ryan ’92 Wins All-University Teaching Award by Mary Wood
aw School Professor James E. Ryan ’92 has been chosen to receive an All-University Teaching Award from the University of Virginia. “Jim’s popularity with the students is legendary — he could teach virtually any course in the curriculum and it would get a heavy enrollment regardless of subject matter,” said Dean Paul G. Mahoney. “He is the rare teacher who excels in every setting, whether the course is a large lecture or small seminar, required or elective, introductory or advanced, broad or specialized.” Ryan joined the faculty in 1998 after completing a two-year public interest fellowship and clerking for J. Clifford Wallace, then chief judge of the 9th U.S. Circuit Court of Appeals, and U.S. Supreme Court Chief Justice William H. Rehnquist.
former students who are that caring and supportive has been, to me, the real reward in this process.” Academic Associate Dean Elizabeth Magill ’95 assembled the nomination packet for Ryan’s award. “On a faculty of highly accomplished people, most of us recognize that Jim Ryan is just more gifted than most of us,” Magill said. “Everything he does, he does at a level that few can achieve. He does that by a combination of natural talent, very hard work and thoughtfulness about what it takes to do something well.” Ross Goldman ’08 took Ryan’s courses in constitutional law and special education law. “These two subjects implicate broad theories of governance, equality and rights, yet they are fraught with doctrinal nuances and legal principles
“On a faculty of highly accomplished people, most of us recognize that Jim Ryan is just more gifted than most of us.” An expert in law and education and well as constitutional and civil rights law, Ryan leads the Law School’s new Program in Law and Public Service, which he helped design. “I’m really honored and humbled by the award. I greatly admire the colleagues of mine who have received the same award, as well as the many others who have not yet been recognized but deserve to be,” Ryan said. “Perhaps more than anything, though, I am genuinely touched by the efforts made by all of those who wrote letters on my behalf or otherwise supported my nomination. Knowing that I have friends, colleagues and
that are difficult to grasp,” Goldman said. “Like an expedition leader, Professor Ryan taught us how to navigate these concepts and to discern patterns from seemingly disparate rulings.” Sarah Anthony ’01 is another of Ryan’s former students. “In exchanges with us, Professor Ryan stretched us to what felt like the breaking point and emboldened us to weather such challenges,” Anthony said. He “made us think harder, think further and think deeper, ever unsettling us, all the while leaving us standing.” Everyone in Ryan’s courses, Anthony said, “realizes that the
articulate, gifted and accomplished man leading from the front of the room could lead an administration or corporation, author voluminous texts or publications, or make law from the bench. Instead he chose us, and we knew it.” Previous winners of the award include law professors Caleb Nelson (2007–08), J. H. (Rip) Verkerke (2006–07), John C. Harrison (2004–05), Barry Cushman ’86 (2002–03, Law and History), Kenneth S. Abraham (1999–2000), Anne M. Coughlin (1998–99), Paul G. Mahoney (1997–98), Michael J. Klarman (1996–97) and Pamela S. Karlan (1995–96).
UVA Lawyer • Spring • 2010
Law School News
Mahoney, Jeffries Elected to American Academy of Arts and Sciences by Mary Wood
niversity of Virginia Law School Dean Paul G. Mahoney and former dean John C. Jeffries, Jr., ’73 have been elected to the American Academy of Arts and Sciences, the organization announced. They join 227 other leaders in the sciences, the humanities and the arts, business, public affairs and the nonprofit sector named to one of the world’s most prestigious honorary societies. “The American Academy of Arts and Sciences is a group that anyone would feel honored to join,” Jeffries said. “I am pleased and deeply grateful.” Established in 1780 by John Adams and other founders of the nation, the academy undertakes studies of complex and emerging problems and conducts a wide range of interdisciplinary, long-term policy
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research. A complete list of the 2010 class of new members is available online. “We are pleased to welcome these distinguished individuals into the Academy,” said Leslie Berlowitz, chief executive officer and William T. Golden Chair. “We look forward to drawing on their knowledge and expertise to provide practical policy solutions to the pressing issues of the day.” Mahoney and Jeffries join Law School Professors Kenneth S. Abraham, Frederick Schauer and G. Edward White as fellows of the academy. Professor Douglas Laycock, who will join the Law School faculty in the fall, is also a fellow. “I am delighted with the election of John Jeffries and Paul Mahoney as fellows of the American Academy of Arts and Sciences,” White said. “In addition to a well-deserved
recognition of their scholarly and professional accomplishments, their election is an indication of the growing number of current Virginia faculty members who have become members of the academy over the past few years. Election to the academy is a rigorous process that includes assessments of candidates by fellows from multiple disciplines, and the number of law faculty selected each year is quite small. This is an honor in which all of the UVA Law community can take pride.” The new class will be inducted at an October 9 ceremony at the Academy’s headquarters in Cambridge, Mass. Since its founding by John Adams, James Bowdoin, John Hancock and other scholar-patriots, the academy has elected leading “thinkers and doers” from each generation, including George Washington and Benjamin Franklin in the 18th century, Daniel Webster and Ralph Waldo Emerson in the 19th, and Albert Einstein and Winston Churchill in the 20th. The current membership includes more than 250 Nobel laureates and more than 60 Pulitzer Prize winners.
Law School News
Students Rack Up Record Pro Bono Hours Over Winter Break by Rob Seal
aw School students volunteered more than 6,000 hours of pro bono work over winter break this year, an increase of more than 2,500 hours from last year. The Mortimer Caplin Public Service Center helped 157 students find pro bono work over the break, and about 80 percent of those students had reported their time as of March 1. Student pro bono efforts over winter break have increased substantially in recent years: Last year’s total of about 3,500 hours was more than double the total from the previous year. “We are just absolutely thrilled to see this uptick. It could of course be connected to the legal market, and students are realizing they need to get as much experience as possible, but the amount of hours that they put out there makes me think it’s beyond a strategic move,” said Kimberly Carpenter Emery ’91, the assistant dean for pro bono and public interest. “I think there’s a lot of altruism involved. We had students volunteering over 100 hours during their break.” The achievement is particularly impressive considering that to qualify, pro bono hours must be spent on legal work supervised by an attorney, Emery said. “We’re very strict in what we count toward the Pro Bono Challenge. It’s only law work, no community service or fundraising,” she said. First-year student Lindsey Brooker spent part of her winter break working for in the housing unit at the Legal Aid Society of Cleveland, where she logged almost 40 pro bono hours. Brooker, who said she is interested in criminal prosecution, worked on issues regarding sex offenders who apply for public housing.
“I’m a first year, so I had no legal experience at all coming into legal aid, and I loved it. It was really neat to see what my limited legal knowledge and the guidance of others would allow me to do,” she said. “I also got to see the real-world implications of people seeking legal services.” First-year student David Perez logged 50 hours with the New York County District Attorney’s Office, where he conducted legal research on a self-defense case for a prosecutor about to go to trial. Perez said he was also able to observe a prosecutor interview a witness, and said the experience gave him a deeper appreciation of the skills trial attorneys need to develop. “One thing that I learned that I was a little surprised about was the necessity of interpersonal skills when it comes to dealing with people like victims and officers — especially if you are a prosecutor in a big city
office,” Perez said. “A lot of it has to do with more than the law, and you don’t get to see a lot of that when you are in school and reading cases.” Jessica Boluda completed about 60 hours of pro bono work in the legal department of the Young Women’s Christian Association in Annapolis, Md. Boluda helped the attorneys there work to get protective orders for victims of domestic violence. The clients were typically women who had already received a preliminary protective order from a judge, but would have to go back to court within a week to attempt to secure a permanent one, said Boluda, who is also a first-year student. “I was able to see a lot of victims come in, we’d do the interview, and then we’d go to court,” she said. “I got to see the interview part and then kind of shadow the attorney in court and see them try to do a negotiation with the opposing party’s attorney.” Pro bono work helps students get real-world experience in a short amount of time while working on important issues, Boluda said. “I got to do client interviews, and the attorneys helped me figure out what are the right questions to ask somebody in a client interview, and identify the information needed to build a strong case,” she said.
UVA Lawyer • Spring • 2010
Law School News
Law School Students Join NBLSA National Leadership By Ashley Matthews
record five Virginia Law students will serve in elected and appointed positions on the National Black Law Students Association board during the 2010–11 school year. Second-year law student Melinda Hightower will serve as national chair, the organization’s highest position. “I’m delighted to have the opportunity to really further the mission of NBLSA,” said Hightower, who also served as president of the UVA Black Law Students Association this year. “Since 1968, we’ve strived to achieve balance throughout the legal system and it’s wonderful to have the opportunity not only to continue the tradition, but also to extend the reach of NBLSA and look at ways to expand.” Several other second-year law students are also on the board: Jeree Harris will serve as national director of programming, Kara Akins will be national director of the Thurgood Marshall Mock Trial Competition, Elisabeth Epps will serve as chief of staff and Chioma Chukwu will be the mock trial specialist. From left: Kara Akins, Elisabeth Epps, Jeree Harris and Melinda Hightower.
Andrea Parisi ’06 Joins Development at the Law School Foundation
ndrea Parisi ’06 has joined the Law School Foundation as Leadership Gifts Officer. Before joining the Foundation, Parisi was an associate in Alston & Bird’s financial services and products practice in New York City. She specialized in fund formation and asset management; debt securities and lending; mergers and acquisitions; structured finance; regulatory compliance; and general corporate governance. “We’re thrilled to have Andrea join us,” said Luis Alvarez ’88, president and chief executive officer of the Foundation. “She has all the qualities our alumni prize: smart, poised, devoted to the Law School, and proud of our graduates. Our alumni will enjoy meeting and working with her.” As a student at the Law School, Parisi was production
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editor of the Virginia Tax Review, a producer for the Libel Show, and treasurer of the Virginia Law Women. She was also a peer advisor and class agent. “I am thrilled to be back and working at UVA Law,” said Parisi. “As soon as I saw this position listed with the Foundation, I knew it was a great opportunity, and based on the feedback I’ve received, I think most of our alumni would also jump at the chance to return. I am really looking forward to meeting more graduates in the course of my travels and to supporting the Law School any way that I can.”
Law School News
Harris attributed Virginia’s strong presence on the NBLSA board to the strength of the Law School’s own Black Law Students Association chapter, which boasts 77 members. “BLSA is dedicated to creating a really positive experience for first-year students in particular,” Harris said. “We do an incredible amount of programming. I think that’s one of the reasons we’re so successful. We are very dedicated and involved, and our programming is geared toward improving the academic experience and the service experience of its members.” Over the past eight years, Virginia Law’s local BLSA chapter has been named national chapter of the year three times and regional chapter of the year five times. Over the past six years, BLSA won four regional mock trial championships, and this year won NBLSA’s national Thurgood Marshall Mock Trial Competition. The organization was also named UVA’s Graduate Student Contracted Independent Organization of the Year for 2009–10. “UVA has been amazingly generous and supportive, not only of BLSA locally but also of our involvement nationally. We have had national representation and regional representation as long as I can remember, uninterrupted,” Hightower said. “The support offered by the faculty, the administrators and the staff has been fantastic and we really cannot ask for a better experience. They have really allowed our chapter to shine.” NBLSA aims to articulate and promote the needs and goals of black law students and facilitate change in the legal community. The organization consists of more than 200 chapters with 6,000 members, and is the largest student-run organization in the United States.
UVA’s blue team took the men’s division.
Softball Tournament Raises $23,000 for Charity by Rob Seal
he 27th annual UVA Law Softball Invitational raised $23,000 for charity and hosted a record 120 teams from 53 law schools in April. “Not only was it the biggest tournament, it was the most well-run,” said North Grounds Softball League Head Commissioner Doug Bouton, a third-year law student. Bouton credited the success of the event to tournament directors and third-years Nathan Wacker and Christy Weisner. “I think everybody had a blast,” Bouton said. The weekend-long series of softball games, featuring both men’s and co-rec divisions, raised $20,000 for Children, Youth and Family Services, a Charlottesville-based nonprofit. Since CYFS became the primary recipient of the tournament’s proceeds 10 years ago, the annual event has raised $126,500 for the organization. Students also raised $3,000 this year for the Law School’s Public Interest Law Association, which funds summer fellowships for students working in public service. That $3,000 is matched by a donation from the Law School Foundation. The games were spread out over several Charlottesville fields, and involved teams from across the nation. Florida Coastal School of Law won the co-rec division, while UVA’s blue team took the men’s. Bouton said organizers breathed a sigh of relief when the good weather held throughout the tournament, since with such a large field of teams, a rainy Friday or Saturday could have caused major headaches. “Luckily the weather was just perfect — everything worked out,” he said.
UVA Lawyer • Spring • 2010
Guarding the Gates Dedicated alumni find their calling By Cullen Couch
Professor David Martin taught his first class at the Law School in 1980. Since then, a host of alumni have taken every type of international law course offered by professors Martin, John Norton Moore, and the late Richard Lillich. Many now serve in leadership positions in the federal government and are charged with maintaining the security of the nation. They share more than just traditional school
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AP Photo / Ross D. Franklin
ties. They show a passion to serve their country and a commitment to the rule of law.
A U.S. Border Patrol agent stops a vehicle at a checkpoint along Highway 94 in Tecate, Calif. As border enforcement heightens in Arizona, more people are sneaking into the United States from Mexico near San Diego, a former hotspot. Nowhere is that shift more evident than in Tecate, a mountainous village about 25 miles east of San Diego.
The Department of Homeland Security is massive, and its mission poorly understood by the general public. Critics point to it as a prime example of big government inefficiency. It has few vocal supporters. Its successes mostly remain secret. Yet any failure, no matter how small, is front page news. By the numbers, DHS (230,000 employees) is not the country’s largest federal agency. It is actually third, behind the Department of Defense (700,000) and the Department of Veterans Affairs (280,000). Nevertheless, DHS’s authority extends into far more areas of American public life than any other federal agency. Established by Congress in November 2002 in the wake of the 9/11 attacks, DHS took over parts of nine other federal departments as diverse in responsibilities as Justice, Defense, Treasury, Transportation, and Agriculture. It swallowed some of these whole (FEMA), and sliced and diced others (INS from Justice into three separate agencies) to form 23 individual reporting centers all now answering to Secretary Janet Napolitano ’83, one of David Martin’s first students. Her department’s mission? Guard the borders, patrol U.S. waters, secure the nation’s computer networks, keep drugs and WMDs off the streets, prevent pandemics, manage disaster relief, protect the President, and ensure these efforts don’t violate civil rights and civil liberties in the process. It’s a big job. We have pulled back the curtain covering DHS by interviewing a sample of alumni and faculty who lead and perform the work. While their views are strictly their own and do not reflect the official positions of DHS or the Federal Government, they do give us a glimpse of the organization from the inside, away from the distractions of politics and partisanship. None of them goes into specifics, of course, but their professionalism, strategic clarity, and experience indicate the nation’s security is in very good hands.
Immigration and Customs Enforcement (ICE) The son of a British mother and an American father, John Morton ’94, Assistant Secretary of ICE, grew up in this country with a personal understanding of its immigrant tradition. His mother holds a green card. “She’s very proud of where she came from,” says Morton, “and I’m very proud that I have an immigrant background. I’m half British in blood terms, but I grew up as an American.
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I love being an American. It’s a country of innovation and a country that respects the rule of law.” At the same time, Morton respects other nations and their ways of doing things. “I don’t have to look any further than my mother to know that other countries can do things in their own way quite well.” Soon after receiving his UVA undergraduate degree, Morton joined the Peace Corps to gain more international experience. He got that, and more. “The Peace Corps instilled in me a sense of service,” he recalls. “I wanted to continue that when I went to the Law School. I took every course David Martin offered and some taught by Richard Lillich. They gave me a broad national security, immigration, and international perspective.” Further, Morton feels this is a special moment in time for the Department of Homeland Security because of the number of Law School graduates in important positions. “Many of us first came to know each other through our experiences at the Law School,” he says. “Peter [Vincent ’95] and I now have the great pleasure to be working with David Martin again and I find myself running a major law enforcement agency. My boss is Janet Napolitano. We’ve come a long way since those days at the University of Virginia but the seeds were all sown there.” Morton is a “rule-oriented person,” which means a great deal in the application and execution of public law. “I think it’s is extremely important that our border laws be pursued in a compassionate, thoughtful, and balanced way, but good government is about balancing competing interests and trying to get to the right answer for the greater good. I enjoy trying to balance those interests in an environment where finding that right answer is the driving force.” That makes ICE a very good fit for Morton. He has a strong interest and expertise in immigration enforcement, but an equally strong background in customs and national security. “It’s why this job is so fascinating. It is extremely broad.” ICE’s jurisdiction encompasses a wide variety of high profile, transnational crime involving international child labor offenses, sex tourism, and pornography. ICE also investigates export control violations, weapons and technology espionage, drug smuggling, alien smuggling, money laundering, sex trafficking, human trafficking, arms trafficking, and counterfeiting. On the national security front, ICE helps keep out of the country “bad actors” by screening visa applications in 12 of its 44 offices around the world. It is also the second largest contributor to the Joint Terrorism Task Force led by the FBI. All of these efforts are vital to national security and our
AP Photo / Matt York
A Department as Big as its Responsibilities
Members of the Arizona National Guard monitor the border from the Yuma Station Communications Center.
trade relationships. “They’re not a hot button political issue,” says Morton. “People recognize their importance and we’re out there doing it every day out of the spotlight.” But immigration is a more charged issue. “Both sides of the aisle hold deep and passionate views about immigration,” he says. “It’s an issue that we’ve struggled with as a country for decades, and we can’t quite get it right. Now we’re back to a general recognition that the system we have isn’t working well. It needs reform, but the devil is in the details. People disagree passionately what that reform is and how it should look. “ A reformer and innovator by nature, Morton needs those skills to help ICE fulfill its responsibility to the American people. “We have tremendous jurisdiction,” he says. “The truth of the matter is that we don’t have enough resources to do every single thing within our jurisdiction at the level we would like. We have to make wise decisions about how to use our resources and focus on priorities. “Am I written every day by somebody who thinks I’m getting it wrong? You bet,” he says. “My view is there’s just no other way for good governance other than try to figure out the best policy; make the best judgments you can based on your expertise, common sense, good judgment, and the law; and then go forward. Will there be people upset with
you? Absolutely. That’s the nature of this business. If you didn’t want to be part of something where you get criticism or a nasty editorial from time to time, you wouldn’t take this job.” In immigration enforcement, ICE’s first priority is to identify and remove criminal offenders and other people who pose an immediate threat to homeland safety, such as gang members and fugitives. “We need to make sure that there’s basic integrity in our border controls, that our immigration processes are fair, and that we investigate and prosecute those who abuse them. We go after people who knowingly flout the law. If you become a fugitive, we’re going to spend time trying to find you and send you home. If we fail to do that, then the system has no integrity and badly undermines the American people’s confidence in the system. “ ICE’s overall strategy is to strengthen worksite enforcement while fostering a culture of compliance by U.S. employers. “If we’re going to make any sustained change and reform to the immigration system and the way it operates,” says Morton, “and if we want to make any real dent in unlawful immigration into this country, we’re going to have to do it through stronger oversight of worksite enforcement rules.”
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“I always say if it weren’t for the fact that people were literally trying to kill me every day, it would’ve been the best experience of my entire life,” Vincent recalls, a broad smile on his face. Fluent in Spanish, prosecuting some of the worst human rights violators in the hemisphere, enjoying open access to the highest levels of the Colombian government, and having the full weight of the U.S. government behind him, Vincent thrived. Still, he lived a sobering reality. The narco-traffickers knew who he was from the moment he landed in Bogotá. He was watched at all times. His cell phone was tapped. With his life on the line, he could not go anywhere without his fulltime bodyguards or heavily armored Chevy Suburban. He couldn’t trust anyone. “It was funny,” Vincent says, laughing. “The regional security officer pulled me in and said, ‘Peter, you seem like a nice enough guy but I need to be very honest with you. You’re no Brad Pitt.’ I said, ‘I’m sorry, I don’t know what you mean.’ He said, ‘When that Colombian super model finds you fascinating in a bar, remember, you’re not fascinating, you’re not interesting, you’re not even particularly good looking. They’re trying to compromise you because they are on the payrolls of the major narco-trafficking and terrorist organizations.”
“I always say if it weren’t for the fact that people were literally trying to kill me every day, it would’ve been the best experience of my entire life.” — Peter Vincent ’95
tions of professors Martin, Moore and Lillich that convinced me to enter the University of Virginia School of Law,” he says. Upon graduation, he went immediately into private practice and became a successful trial attorney. “But once September 11th hit, he says “I realized that it was time for me to do what I’d always wanted to do, and that was to do public service work again.” Vincent joined the national security litigation team at Immigration and Naturalization Service the next year. Then, in November 2006, Vincent was appointed to serve as the U.S. Department of Justice’s assistant judicial attaché at the U.S. Embassy in Bogotá, Colombia. In December 2008, he was promoted to judicial attaché. During his tenure at the U.S. Embassy, he coordinated nearly 500 extraditions, many of them “psychotic killers,” to the United States.
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He had to be extremely cautious, but it was an electrifying experience, “one of the greatest challenges of my life, and truly fascinating. Every day I was inspired by the bravery and the courage of the Colombian prosecutors and judges.” After more than two action-packed years in Colombia, Vincent’s career took another turn. He came back to the U.S. when the Obama administration appointed him to his current role in ICE. Vincent has always been intrigued by immigration issues. His great-uncle was a well-known immigration attorney in San Francisco and Vincent grew up listening to his stories. “I was fascinated with different cultures and different people. And immigration law is so complex that I found it to be challenging and interesting at the same time.”
(AP Photo / Ron Haviv / VII)
Peter Vincent, Morton’s principal legal advisor at ICE, has known Morton since they were students at Virginia. And like Morton, Vincent embraced international law from the moment he entered the Law School. “I took every course relating to international law and to public service. I took every course Richard Lillich offered. I took every course that John Norton Moore offered as well, so I’m very indebted to them, but primarily to David Martin. I seek his counsel on a daily basis.” Vincent joined the Peace Corps after receiving his undergraduate degree from UC Berkeley. He came away from the experience a changed man. In Vincent’s case, witnessing the horror of guerilla warfare in Guatemala at the time gave him a new focus: human rights prosecution. “At that particular time, the Guatemalan government was, along with death squads, engaged in gross human rights violations,” says Vincent. “Over 200,000 individuals were ‘disappeared,’ meaning ‘killed,’ in Guatemala. Usually they were tortured first. Virtually everyone had family members who had been killed. That was something very, very traumatic for a recently graduated 22-year-old to hear.” Vincent returned to the U.S. shortly after his Peace Corps stint and began study at the Law School. “It was the reputa-
U.S. Coast Guard personnel evacuate Haitians by boat to a helicopter to be taken to a full service hospital in another part of Haiti, near the district of Carrefour, Port au Prince, Haiti on Jan. 18, 2010, after an earthquake devastated much of the capital, killing thousands of people.
The Immigration and Nationality Act is a body of law as thick as the Internal Revenue Code. The act is the logical result of what happens when well-meaning congressional representatives add amendments over a period of nearly six decades without any holistic understanding of how the law as an organic matter works. For example, individual immigrants might at the same time be considered legal and illegal, depending upon the different categories that apply to them under the Act. As a result, Vincent believes that “comprehensive immigration reform is necessary because the Nation would benefit from greater transparency and clarity in our immigration laws to allow businesses and individuals an opportunity to better their economic prosperity, which in turn, betters America’s economic security.” Not only is immigration law challenging, so too is the organization that Vincent leads. He manages the largest legal program in DHS, nearly 1,000 trial attorneys and 350 mission support staffers in 60 offices across the U.S. They litigate 350,000 removal proceedings each year before immigration courts and the Board of Immigration Appeals. Vincent also advises ICE’s numerous enforcement components on issues ranging from customs law to Fourth Amendment search and seizure issues.
With such a large staff, Vincent relies on their deep expertise. “They are incredibly talented, very experienced,” he says. “They know more about their respective subject matter areas than I will ever know. I try to inspire them to tap into their own resources, their own talents, and to carry out the good work that they were doing far before my arrival.” Asked about the public controversy and criticism directed at DHS and how that affects the career professionals there, Vincent shrugs it off. “We all have a great commitment to getting the job done and getting it done right. I had a wonderful experience in private practice, but I gain a greater sense of esprit de corps here in the government than I ever did in private practice.”
Office of the General Counsel David Martin is the principal deputy general counsel of DHS, and a veteran of public service for the Department of State and the former Immigration and Naturalization Service. Much has changed in the agencies that administer and enforce the immigration laws since he first worked at INS. One difference is that INS has been carved into three entities under DHS: Customs and Border Protection, Citizenship and Immigration
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Services, and ICE. The budget of CBP alone dwarfs that of the former INS. Another key difference is 9/11. “The security component is much larger and much more serious,” says Martin. “A lot of the systems, databases and other tools are so much farther along than they were before. It’s the kind of thing that doesn’t get a lot of attention publicly, but I knew enough about the stage of development when I was there in the mid 1990s to appreciate how far we’ve come.” For example, today DHS uses database linkages in real time that simply didn’t exist in the ’90s. Consular officers use them to screen visa applications, and border inspectors make additional checks at entry. They take fingerprints at the airport immigration booth and can check them against a number of databases within 10 to 15 seconds. That system also checks identity, to ensure that the person presenting the visa is the same person screened at the consular office. They call it “pushing the borders outwards,” says Martin, describing processes that allow the U.S. government to make
In this photo taken April 7, 2010, soldiers guard near the U.S.-Mexico border in Caseta border town, Valle de Juarez, northern Mexico. Hundreds of families are fleeing the cotton-farming towns of the Juarez Valley, a stretch of border 50 miles east of Ciudad Juarez. In a new strategy, Mexican drug cartels seeking to minimize interference with their operations are using terror to empty the entire area.
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well-informed decisions on admission before a person ever boards a plane. “We are much farther along in making the needed information available and getting better cooperation and coordination among government agencies.” Martin’s portfolio concentrates on immigration and the issues surrounding Guantanamo, certainly among the thorniest he has ever tackled in government service. “Maybe I was overlooking some of the complexities in the issues the last time I was in government,” he says, “but there seem to be a lot more challenges. Eventually, after working with a good team of other lawyers and policy people, we find our way through. I think we’ve done a reasonably good job, but some of the issues we have today are really difficult to puzzle through.” Martin cites comprehensive immigration reform as “a very highly charged, emotional issue. That’s one thing I really do notice in coming back, that the level of tension over the immigration issue is much greater than it was in the mid-’90s, and I thought it was fairly high at the time. The things we do in the immigration arena now require far more interagency
AP Photo / Guillermo Arias
cooperation and get much more high-level attention from the White House.” One key element of immigration reform will involve enforcement improvements, including expanding a system that allows employers to verify work authorization for new employees against a computerized system onsite and in real time. To maximize the effectiveness of those changes, better enforcement for the future needs to be matched with a legalization program for the nation’s undocumented population, according to Martin. “They came here and established their ties in this country at a time when the system was just not working well at all.” Overall, Martin believes that the country will find a solution to the immigration problem. “Some of the debate on immigration matters contains ugly rhetoric or xenophobic references,” says Martin, “but we’re a long way from what this country has experienced in the past. I think a much wider and quite solid constituency recognizes that immigration has been a great strength for our society. Rightfully, people want to bring it back under control and get us to where we can realize those benefits through lawful immigration rather than through a combination of lawful and undocumented immigration.” Guantanamo is another highly polarized issue. Some people are focused on anger over the previous administration’s detainee policies, according to Martin, while others stir up unreasonable fears — for example over terrorist trials in federal courts — to block the President’s steps to close the detention facility. Establishing sound policy now is much harder than it would have been if there had been an effort back in 2002 to get legislation through Congress to establish a clear set of provisions for military commissions or for long-term detention under the laws of war [see UVA Lawyer, Spring 2005, pp. 32–47]. We needed a broad national discussion, he suggests, not a set of unilateral executive measures. “Many of those things could have been adopted then with a sensible framework,” says Martin, including “protections for individuals to make sure we’re not holding people who were not combatants as part of the al-Qaeda or Taliban network.” The Supreme Court’s decision in Boumediene has also created procedural problems. The decision allowed habeas review to Guantanamo detainees, but the Court left it up to the district courts to create the procedures to do that. “They are faced with some very difficult questions,” says Martin. The government presents evidence of a person’s involvement with al Qaeda or the Taliban. “What standards govern evidence that, according to the detainee, may have been tainted by previous coercive behavior? Moreover, what is the role of hearsay? Different judges have reached different conclusions
on this. It would’ve been helpful if the Supreme Court had laid out more of the ground rules for this kind of litigation.” According to Martin, some of these cases are now reaching the Court of Appeals for the District of Columbia, which may lead to clearer and more uniform ground rules about what evidence is admissible and what the standards are for reviewing classified evidence. Aside from habeas litigation, other issues demanded attention. Martin represented DHS on an interagency review panel that considered transfer or prosecution or continued detention for the 240 detainees who were held at Guantanamo as of January 2009. “We faced hard questions about the exact disposition that would be right for these individuals — how to deal with them in the context of our ongoing conflict in Afghanistan and with al-Qaeda.”
When people ask Nader Baroukh ’99 what he does as Associate General Counsel for Immigration at DHS, he tells them “if it involves the movement of people across U.S. international borders, it’s in my portfolio.” Baroukh has always been interested in public service. As a young Iranian immigrant, he felt privileged to have the opportunity to live in the United States. “I had a feeling at a young age that I wanted to give something back to the community. It’s an ingrained value for me. It’s what I know, what I feel comfortable with, and what speaks to my heart. I feel like I can make the greatest contribution towards that within the federal government.” Baroukh also developed a keen interest in public policy and law working at the Department of Justice, Criminal Division prior to law school. Baroukh is also a 1994 Harry S. Truman Scholar. “I was always interested in the blending of law and policy, and I enjoy litigation. Immigration law gave me all of that, and being at the headquarters level gives me the opportunity to participate in all those spheres.” Appointed as DHS’s associate general counsel for immigration in January 2004, Baroukh works with the three immigration components of the department; Customs and Border Protection, Citizenship and Immigration Services, and ICE. He also works closely with the White House and the Justice, State, and Labor departments. Baroukh entered federal service directly out of the Law School. He was there at the beginning when INS morphed into its three offspring under DHS. “A lot of issues then were how do you get pencils and paper and how do you get office space, that kind of thing. The Department was literally a start-up.” But today there is organizational structure at DHS and an institutional drive for unity. “We oftentimes refer to DHS as a comprehensive whole,” says Baroukh. “That’s one of the
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Office of the Secretary of Homeland Security ICE, immigration, customs and border control — these are just a few discrete slices of DHS. Each has enormous impact on day-to-day life in the U.S. But there are also the Secret Service and the Coast Guard, the Transportation Security Administration and FEMA, the Domestic Nuclear Detection Office and Counternarcotics Enforcement, and over a dozen more. Secretary Janet Napolitano stands atop all of this, harnessing the talents and efforts of the people in these different agencies so that they can pull together as one. Aside from the various disciplines involved, the department’s offices are also scattered around D.C., hindering the sense of institutional identity that Napolitano is trying to build (soon to be remedied by a new headquarters under construction).
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Nevertheless, Napolitano believes that combining agencies into one department creates efficiencies. “I’ll give you an example,” she says. “A few months ago, there was a tsunami in American Samoa. We were able get U.S. Coast Guard cargo planes loaded with supplies that FEMA prepared, along with FEMA personnel. We had that great combination of Coast Guard and FEMA, and we didn’t need to do anything interagency or have any memorandum of understanding or anything like that. It’s just the way it works now.” Martin agrees, using as an example the recent tragedy in Haiti. “It’s quite good to have within the same department the Coast Guard, the immigration agency functions, and disaster response through FEMA. It was good to be able to bring all those sorts of things to bear in responding to the Haitian earthquake. The Coast Guard and FEMA were very much involved in the on-the-ground response under the umbrella of the international authority of the State Department.” Peter Vincent sees another benefit to such a large, integrated organization. “There continues to be tension between the respective agencies in their sometimes similar, sometimes different, missions,” he says. “But it’s a healthy tension. It challenges the agencies to work together in a way that the 9/11 Commission suggested. I think that healthy tension has actually made the country quite a bit safer.” Going forward, Napolitano cites five key priorities for the department: counterterrorism, customs and customs enforcement, immigration enforcement, disaster preparation, and protection of cyberspace. The last item has taken on new urgency after alleged cyber-attacks by China on Google’s network. “We have had a number of similar incidents to that over the last few months,” says Napolitano. “It ranges everywhere from people hacking for amusement all the way up to the possibility of the most serious type of cyberspace attack.” Napolitano is widely respected throughout the department. “She understands law enforcement,” says John Morton. “She was a U.S. Attorney. She was a border governor. She ‘gets’ prosecution. She knows we’ve got to go after transnational crime. I couldn’t be happier working for her. She’s wonderful.” “She is just a remarkable public servant,” adds Martin. “She’s a very effective executive and a good and decisive decision-maker, which you really need. She rallies her people; it’s been an absolute delight.” And Baroukh says “she does her homework. She’s exceedingly bright and gifted, so you can have an easy conversation with her about complex legal matters. She’s got both the personal skills and the intellectual skills to be very, very good at what she does.”
AP Photo / Matt York
functions of my particular office; merging together disparate views or disparate legal interpretations amongst the three immigration components into one legal voice.” It doesn’t end there. “It’s even more challenging because on top of the three different agencies within the department, DOJ, State, and Labor also touch immigration.” But he hopes that together they can find a way to move beyond the type of immigration reform that has been tried previously. “It was enforcement only, it was benefits only, or it was piecemeal. I’m a firm believer that it has to be comprehensive, that all the aspects have to function better.” Baroukh credits his Law School experience for helping to soothe the day-to-day frustration that can arise between agencies. Working with his fellow alumni is “fantastic,” he says. “There is a level of appreciation and camaraderie that comes with being a UVA alum. They are obviously smart, capable people, but beyond that they have a general trait that I think is unique to UVA Law. They get along well with other people and work on very difficult issues to come to a win-win situation for all the parties. And not just within the Department, but through the interagency process and with stakeholders outside of the federal government as well.” There is another special quality to his present job that Baroukh particularly enjoys. “One of the folks who turned me on to immigration law has been a mentor, David Martin, and he is also my direct supervisor. I joke around once in a while that sometimes it’s like first year law school exams here every day. But David Martin is one of the best bosses I’ve ever had. Interacting with him on an intellectual level is a great privilege.”
In 2004, three strands of barbed wire were all that divided the U.S. and Mexico in some places.
Napolitano’s executive skills have served the public well. She became governor of Arizona in 2002 after a close election. Her leadership skills so impressed her constituents that they elected her in a landslide to a second term. She was selected by Time magazine in 2005 as one of America’s top five governors. She was President Obama’s first choice for Secretary of Homeland Security. In recognition of Napolitano’s extraordinary achievements, the University of Virginia and the Thomas Jefferson Foundation recently awarded her the Thomas Jefferson Medal in Law, the highest external honor bestowed by the University. Napolitano’s UVA ties run deep, and she enjoys being surrounded by her Law School colleagues. “I’m going to a lunch meeting about immigration with David Martin who in fact was my property professor at UVA,” she says with a laugh. “I go down the hall and there’s Alice Hill [’83] who is senior counselor in the Department and she was in my small section at UVA. I go down to the White House for a national security meeting and there’s Tom Donilon [’85] who was in a class behind me at UVA. You go meet with the vice president and there’s Cynthia Hogan [’84] who was a year behind me at UVA. John Morton is great and I think he took immigration law from David Martin. There are a lot of people who got their legal education at UVA who are now in the administration. It’s exciting.”
Hill agrees. “Little did I suspect when I first walked into Professor David Martin’s Real Property class in August 1980 that almost 30 years later my Professor would be my colleague and my classmate would be my boss,” she says. “Three decades later, I rely on the skills Professor Martin taught me and continues to teach me: careful and creative lawyering is timeless. “And all these years later, the intellectual brilliance, infectious sense of humor and prodigious work ethic of my classmate, Secretary Janet Napolitano, inspires me on a daily basis. The Law School did me a huge favor in placing me in Section C — it’s been a life changing experience for which I am enormously grateful. Reading sensitive briefing papers, enduring the political noise machine inside the beltway, and making critically important decisions requires focus and a strong team, says Napolitano. “I think the way to do this job is to surround yourself with good people.” She smiled, and added, “like people who went to UVA Law.”
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Nader Baroukh ’99 is the Associate General Counsel for Immigration at the Department of Homeland Security, Office of the General Counsel. Prior to his current position, he served the Department in several key roles at U.S. Immigration and Customs Enforcement (ICE), including serving as Deputy Principal Legal Advisor for Litigation and the Deputy Chief of the National Security Law Division. Baroukh began his legal career through the Department of Justice’s Honors program where he served as an attorney with the Immigration and Naturalization Service (INS). Baroukh was Manuscript Editor of the Law School’s Virginia Journal of Social Policy and the Law. He received his B.A. in Legal Studies and Psychology from Chapman University. He is a Harry S. Truman Scholar and was selected as a Coro Fellow.
Before coming to DHS to serve as senior counselor to Secretary Napolitano, Alice Hill ’83 was a Los Angeles Superior Court Judge and a former assistant U.S. attorney in Los Angeles. She was appointed to the Municipal Court by then-Gov. Pete Wilson in 1995. Hill became the first woman to head the U.S Attorney’s office’s major frauds unit, and spent four years prosecuting Charles Keating and others in the Lincoln Savings & Loan fraud. Judge Hill became a supervising judge in the Municipal Court before being elevated to the Superior Court in 2000. Judge Hill has chaired the Superior Court’s Judicial Education Seminars Program since its inception, and is a former chair of the Continuing Judicial Studies Program of the Center for Judicial Education and Research.
David Martin has been an influential member of the Law School faculty for 30 years. Now on leave from his faculty responsibilities, he is principal deputy general counsel of DHS. He earlier served two years as special assistant to the assistant secretary for human rights and humanitarian affairs at the U.S. Department of State from 1978–80. In 1995, he served as general counsel of the Immigration and Naturalization Service (INS), returning to the Law School in 1998. In 1993 Martin undertook a consultancy for the U.S. Department of Justice that led to major reforms of the U.S. political asylum adjudication system. In 2003–04 he was asked by the Department of State to provide a comprehensive study of the U.S. overseas refugee admissions program, leading to recommendations for reform of that system.
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John Morton ’94 is the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement (ICE). He leads the principal investigative component of the Department of Homeland Security and the second largest investigative agency in the federal government, with more than 19,000 employees and an annual budget of more than $5 billion. Morton came to ICE with an extensive background in federal law enforcement and immigration law and policy. He began his federal service in 1994 and has held a variety of positions within the Department of Justice, including as a trial attorney and special assistant to the general counsel in the former Immigration and Naturalization Service and as counsel to the deputy attorney general. From 1999 to 2006, Morton prosecuted criminal cases as an assistant United States attorney in the Eastern District of Virginia. From 2006 to mid2009, Mr. Morton served in the Criminal Division of the Department of Justice.
Janet Napolitano ’83 is Secretary of Homeland Security. Prior to becoming Secretary, Napolitano was in her second term as Governor of Arizona and was recognized as a national leader on homeland security, border security and immigration. She was the first woman to chair the National Governors Association and was named one of the top five governors in the country by Time magazine. Napolitano was also the first female Attorney General of Arizona and served as U.S. Attorney for the District of Arizona.
Peter Vincent ’95 is the principal legal advisor for U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS). In this position, he oversees the largest legal program in DHS. In July 2002, Vincent joined the former Immigration and Naturalization Service and, later, ICE where he served on the National Security Litigation Team in the San Francisco Office of the Chief Counsel. In addition, Mr. Vincent advised the Joint Terrorism Task Force in San Francisco on issues relating to counterterrorism and foreign counter-intelligence. In November 2006, Vincent was appointed to serve as the U.S. Department of Justice’s assistant judicial attaché at the U.S. Embassy in Bogotá, Colombia. In December 2008, he was promoted to judicial attaché. During his tenure at the U.S. Embassy, he coordinated nearly 500 extraditions to the United States.
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Keeping Uncle Sam from Spying on Citizens AP Photo / M. Spencer Green
By Elinor Mills
During the first Gulf War, Greg Nojeim ’85 went to Washington National Airport to observe Arab Americans being pulled out of lines and put through security checks that weren’t required of other passengers. The evidence he gathered was used by his employer, the American-Arab Anti-Discrimination Committee, to sue Pan Am World Airways on allegations of racial profiling.
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A Transportation Security Administration officer checks body scans on a computer screen as volunteers go through the first full body scanner installed at O’Hare International Airport , March 15, 2010, in Chicago. Federal transportation authorities demonstrated the technology to the media before starting to send passengers through the machine. Officials say they don’t expect the body scanner which takes seconds to pass through to slow down security lines.
Now an attorney with the Center for Democracy and Technology (CDT), he’s still fighting attempts to use national security as a justification to violate people’s constitutional rights and invade their privacy. Specifically, he analyzes proposed legislation, lobbies and testifies before Congress, and provides advice to companies and the government on civil liberties issues that arise in the technology world to protect the privacy of consumer activities and communications. “For about the last 15 years, my career has focused on the intersection of privacy, law enforcement and national security,” Nojeim said. “When I started at the ACLU in 1995,
it was just a few weeks after the Oklahoma City bombing. Wiretapping and government surveillance were at the center of my issue portfolio. And Congress has been focused on those issues for years.” Nojeim is director of the Project on Freedom, Security, and Technology at the Washington, D.C.-based nonprofit CDT. He has tackled government data mining, the Patriot Act, and wireless wiretapping, working to limit the threat that surveillance by officials and law enforcement poses to consumer privacy. He brought together a coalition of groups that worked to remove proposals from a 1996 antiterrorism law that would have given law enforcement increased wiretap
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and it could force companies to release private information about consumers’ communications to the government, as well,” he added. Officials and lawmakers aren’t malicious or targeting average citizens, Nojeim said. They’re just not thinking through the consequences of their proposals in their zeal to fight terrorism and prevent cyberattacks, he said. “Or, they don’t put enough weight on the civil liberties interest at stake,” he said. Nojeim was born in 1959 in Syracuse, N.Y., to first-generation Lebanese-American parents. His mother worked as an accounts manager at a large corporation and his father worked on computers for the U.S. Air Force. The fourth of five sons, Nojeim was class president — Greg Nojeim ’85, CDT attorney and valedictorian in high school and played soccer. He graduated from the University of Rochester in 1981 with a B.A. in political science. He went to law school at “Who wants to live in a world where the government can the University of Virginia and worked in mergers and listen in on every communication without any evidence of acquisitions at a private firm after that, taking a break at one crime?” he said. “The consequences of that are that people point to travel around the world for a year. won’t communicate freely and the country would be very different as a result. Imagine how your conversation with a close personal friend would change if you knew someone else was listening. That’s what is at stake. That’s what needs Collegiate advocacy to be protected.” Nojeim also is bothered by possible side effects from His interest in the nonprofit world began when he joined the new measures designed to improve the country’s ability American Civil Liberties Union in college. He later volunteered to fend off cyberattacks, particularly a proposal to allow a at the American-Arab Anti-Discrimination Committee government agency to access information held by companies (ADC) and then worked as the director of legal services — even if protected by a privacy statute — when the agency there, conducting much of the group’s work in the areas of believes the information is relevant to cybersecurity. This immigration, civil, and human rights. When the office started means the government could use a broad cybersecurity getting calls from people complaining about racial profiling justification and ask ISPs and other service providers to at airport security lines, he and other staffers spent hours at turn over private e-mails of citizens. Officials are normally the airport to monitor the situation. The lawsuit filed against restricted by certain conditions such as requirements to Pan Am was settled when the airline ceased flying due to its provide probable cause that a crime was committed or bankruptcy. access is otherwise warranted. From there, Nojeim went to the ACLU, which had “I’m referring specifically to the Cybersecurity Act, which assisted the ADC with the airport profiling case. He worked at says that [the Department of] Commerce would become the ACLU for 12 years before joining the CDT in May 2007. the new clearinghouse for cybersecurity information and Nojeim is disappointed that the Patriot Act was passed that it could, in that role, gain access to that information while he was at the ACLU. The law dramatically expanded notwithstanding any law,” he said. government power in the most dangerous ways for civil “It could force companies to release sensitive, liberties, such as cutting down on judicial oversight of the confidential, and proprietary information to the government exercise of investigative power and increasing the secrecy in authority to access records without court orders and broaden the type of records accessed. Nojeim is concerned about the ramifications of a government policy that allows officials to eavesdrop on citizens without proper justification.
“Imagine how your conversation with a close personal friend would change if you knew
someone else was listening. That’s what is at stake. That’s what needs to be protected.”
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which the powers are used, he said. For instance, before the act was passed, the FBI had to prove that hotel, car rental, and other records it sought for national security reasons pertained to the travel of a terrorist or spy. After the law was passed, the FBI can access records on anyone merely by showing that the records are relevant to an investigation. The Patriot Act also gives the FBI authority to conduct a secret search of a home or office for regular crimes and not just for foreign intelligence purposes. But things might be turning around. The CDT and other civil liberties groups have been able to convince Congress to consider reforming a part of the law that gave the FBI the authority to issue “National Security Letters” (NSL) ordering ISPs and other types of businesses to turn over sensitive customer records. A measure before the U.S. House of Representatives would require that records sought with an NSL pertain to somebody who is either a terrorist or a spy or someone known to be in contact with a terrorist or spy, Nojeim said. For Americans with no ties to such individuals, the FBI can require a company to turn over its financial
Greg Nojeim ’85.
information and communications only after judicial review or with a subpoena in a criminal investigation, he said. The issue is likely to be resolved in the spring, he added. “The Patriot Act changed the NSL statutes so that they can be used to seek records about anyone, not just about terrorists and spies and other ‘agents of foreign powers,’” he said.
‘Quiet warrior’ From his office a few blocks from the White House, Nojeim organizes the staff softball team and writes humorous reports on the team’s activities when he’s not doing the more serious work of trying to block the government from overstepping its authority. “He’s got a really off-beat sense of humor and he’s a bit of a mischief maker in terms of the humor he shows to his colleagues,” said Tim Sparapani, Facebook director of public policy, whom Nojeim hired at the ACLU. “He’s doing deadly serious work and yet he sees the humor and the irony in a lot of situations, and that always makes his colleagues enjoy working with him.” “He’s a very bright guy and coupled with that he’s got a huge heart and a dedication to the law,” said Albert Mokhiber, a lawyer at the firm of Mokhiber & Moretti and former president of the ADC who hired Nojeim to work there. Nojeim is passionate about protecting individuals’ constitutional rights but is also particularly effective working on issues that easily incite anger and strong emotion in others because he is measured and calm, his former colleagues said. “This made him extremely useful for the work we were doing because there was a lot of emotion and passion in civil rights and human rights issues,” Mokhiber said. “It has been very easy to violate civil and constitutional rights of ArabAmericans because there was this perception that we are the other; that we are the enemy, and that’s not the case.” Nojeim stands out as a humble and relatively apolitical activist in a town noted for its egos and power games, according to Sparapani. “Greg is one of those quiet warriors,” he said. “He’s probably the most important privacy advocate and Arab-American advocate that people don’t know about. Greg does everything quietly behind the scenes,” Sparapani said. “Greg was never somebody who needed to make friends in Washington. That helped him distinguish himself as an advocate. He calls them like he sees them.” Used with permission of News.com Copyright© 2010. All rights reserved.
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Daniel Sutherland ’85, National Counterterrorism Center
s chief of NCTC’s Global Engagement Group, Dan Sutherland coordinates U.S. Government efforts to counter violent extremism, both in the United States and around the world. His work focuses on both near- and long-term efforts to deny terrorists the next generation of recruits. In the spring 2009, he completed six years serving as the Officer for Civil Rights and Civil Liberties at the Department of Homeland Security, where he advised three Secretaries on issues at the intersection of liberty and security. In both positions, he has the privilege of working closely with Muslim community leaders, including some from the University. His group has developed a Strategic Communications Planning Model that will enable the National Security Council (NSC) to bring more rigor to U.S. Government messaging. We interviewed Sutherland by email.
Could you share some details about the Strategic Communications Planning Model? Strategic planning is critical in all fields; clearly, the best litigators use it as they chart out a strategy for winning a complex case. But strategic planning is certainly needed in the complex counter-terrorism environment. Across the USG, there are a variety of perspectives and approaches to planning. It is similar to a situation where several law firms would be hired to handle aspects of the same piece of litigation; all those litigators and firms have unique styles of developing and executing strategy, and bringing them all together to a single, coherent strategy is complex. Working with our colleagues from around the government, we have developed an intuitive planning process that bridges the individual processes of the departments and agencies of the USG, and allows both traditional and non-traditional partners to bring their respective capabilities to bear. We have been able to use this planning process to guide interagency efforts to develop Strategic Communications plans to support USG policy in several complex circumstances. The process we have developed is well suited for organizing, planning and ensuring the implementation of broad strategic plans, and it has been adopted and supported by the National Security Staff.
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How much has the government’s outreach to the Muslim community developed since 9/11? What is the state of the relationship between that community and the general public/government today? Almost a decade after 9/11, there is a consensus that our government must engage with American Muslim communities. It is important to recognize is that there is no “Muslim community.” It must be plural: communities. Muslims in America are just as diverse as the rest of America — they are diverse ethnically, racially and religiously. This highlights the fact that government officials must concentrate on “cultural competence.” That is, we must respect people enough to learn about their cultures, values and traditions. When people feel respected, they are more willing to partner with you in work, even work as complicated as countering the recruitment tactics of violent extremists. Our country is benefiting from a great deal of enthusiasm among American Muslims to become more engaged in civic life — more are entering public service, more are pursuing careers in law, and more are becoming active in civic organizations. Many American Muslims are reaching out to us to work on the counter-terrorism challenges, either by offering expertise on the issues that face their country of origin or the issues that face young people in our country today. The relationship is excellent at this time and one of our country’s strongest assets.
How does your civil liberties background fit into your work with the GEG? How big a role do civil liberties play in developing counterterrorism policy? In 2005, when I testified in front of the Senate Homeland Security Committee, Sen. Lieberman correctly said that we will most effectively respond to violent extremists when we live up to our best ideals, when we are America at its very best. Maintaining a strong commitment to civil liberties is absolutely critical to our counter-terrorism efforts; it undercuts al Qaida’s entire narrative, which is based on the West being at war with Muslims. As we demonstrate that all people,
supplemented because they will never alone solve the longer challenge the country faces — the threat of violent extremism generally, including the political, economic, and social factors that have put some individuals on the path to violence.
Are we any smarter now, both institutionally and technologically, in how we employ the elements of our national power?
AP Photo / Kathy Willens
There has been a great deal of progress since 9/11; the creation of the National Counterterrorism Center itself is a prime example. NCTC was established in late 2004 to be an interagency center that brings together Counterterrorism officers patrol the area as a commuter walks past in the subway at Grand Central Station in New York, March 29, 2010. The officers represent “Operation TORCH,” or Transit Operational Response with personnel from more than 16 agencies Canine and Heavy Weapons, funded by a grant from the Department of Homeland Security. New York’s Metropolitan Transportation Authority beefed up security as a precaution following the suicide bombing in and co-locates intelligence, military, Moscow’s subway system. law enforcement and homeland security networks under one roof. I was excited to come to NCTC from DHS because there really is including ethnic and religious minorities, can live successful no other government agency quite like this one. Just for one and prosperous lives in America, bin Laden’s entire argument example, I am privileged to have on my staff experts on huunravels. man rights in the Middle East, Somalia and Somali diaspora My own background is as a civil rights litigator, and communities, Shi’a communities, civil rights and civic then the advisor to the Secretary of Homeland Security integration concerns of Muslim Americans, and Pakistan. I on civil rights and civil liberties issues, that has helped me work with military officers, lawyers, diplomats, intelligence tremendously in my current work. I have been privileged to analysts, community advocates, state and local officials — develop great relationships with community and civil rights NCTC is a great venue for bringing all elements of national organizations such as the American Arab Anti-Discrimination power together, and illustrative of how the USG is attempting Committee, the Muslim Public Affairs Council, the Antito work together in a “whole of government” approach. Defamation League, and the Sikh American Legal Defense and Education Fund. When you are privileged to have people like this working with you, it opens many doors. How influential is public opinion/media scrutiny on what your group can do effectively? Is there a single most important strategy or tactic to Our role is to be in the background, helping our colleagues countering violent extremism? How much have these around the government to accomplish their responsibilities strategies evolved over the past 8 years? What have we and goals more effectively. If the process works as it should, learned? and the “countering violent extremism” work is producing tangible benefits, the leaders of the departments and agencies There is no single most important strategy or tactic to counwe work with will be receiving public notice. We will be in a ter al Qaida’s narrative of violence. Our country’s leaders supportive role, quietly helping to coordinate the great work have clearly determined that military power, intelligence being done. operations and law enforcement are absolutely critical. And, our understanding has deepened that these tactics must be
UVA Lawyer • Spring • 2010
From left: Patrice Hayden ’02, Debi Sanders ’78, and David Zetoony ’03 in front of Catholic Charities in Washington, D.C.
Lost in Translation:
by Denise Forster
n the heels of national health care reform, the Obama administration appears poised to take on a contentious and vexing issue: immigration policy reform. While some in the administration are laying the groundwork for what they see as an even larger legislative battle than health care reform, others are fighting injustices dealt to the immigrant population on a case-by-case basis. One of the most common of these is notario fraud. In many countries, notarios are board-certified legal practitioners, a step above an attorney. In the United States they hold no such credentials, and may or may not be genuine notary publics, yet they aggressively advertise and wrongly market themselves as experts on all legal issues, from family law to immigration proceedings or criminal matters. The very thing that leads to rampant legal and illegal migration to America, economic desperation, undoubtedly worsens when an immigrant pays for these fraudulent services. The notarios prey on a vulnerable group: the more than one million people migrating to the U.S. each year. They often file the wrong forms, neglect to advise their clients on how to explore valid opportunities for asylum, lose affidavits, or simply make errors on or falsify paperwork without the immigrant’s knowledge. They typically charge fees of up to $10,000 per applicant or family member. Immigrants are willing to pay, hoping the notarios will help them through the maze of the American immigration system, but instead often wind up paying a much higher price — deportation.
Organizing the Fight Part of the work of the American Bar Association’s Immigration Commission has led to the ABA teaming up with agencies that work with the immigrant population to coordinate the fight against notario fraud. “I’ve been involved in immigration law for 22 years and it’s always been a huge problem,” says Catholic Charities’ Deborah Sanders ’78. Immigration lawyers, overwhelmed by the problem, file complaints against notarios alleging unauthorized practice of law or ineffective assistance of counsel. None of this has put a dent in the problem. Immigration judges have no real jurisdiction over issues outside of the Immigration and Naturalization Act. States trying to address the issue are buried under the
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and thinking, ‘What’s happened to their future?’ They’re good students who want to go to college, but they can’t because they’re afraid they’ll get picked up if they walk into the wrong 7-11,” says Hayden. The two antitrust and consumer protection lawyers decided to reach out to the immigration attorneys interviewed in the piece. “We asked if they’d tried fighting notarios under consumer protection law,” Zetoony says. None had, but they weren’t very receptive. “Some said, ‘At this point, we’ve got caseloads 1,000-people long. We can’t stop and devote time to this, but keep us in mind if you have something,’” says Zetoony. Hayden and Zetoony kept at it, working to connect to the right people. They contacted dozens of attorneys and agencies. “We tried canvassing the public service sector because we didn’t know whom to talk to. Finally, someone suggested we call Debi [Sanders] at Catholic Charities.” As a lawyer working in immigration services at Washington’s largest social service agency, Sanders has seen or heard of widespread damage done by notarios. She was excited to hear Zetoony and Hayden’s concept of battling the problem through consumer protection. Sanders asked if they wanted to speak at an upcoming ABA conference on immigration fraud in order to provide the attendees with ideas and suggestions on how they might be able to bring lawsuits to stop notarios. They conducted their research and devised materials. “We both do a lot of FTC-focused work. The Federal Trade Commission Act was the model for many state consumer protection acts,” Zetoony
AP Photo / Tony Gutierrez
sheer volume of cases and the layers of bureaucracy. Attorneys general offices have to conduct investigations — often after multiple complaints about an individual notario — after which they decide if there are grounds for a case. “By then, nobody’s here anymore,” says Sanders. In the summer of 2008, a Washington, D.C., National Public Radio affiliate aired an in-depth report on notario fraud, quoting one immigration attorney who spends 70 percent of her time working to undo the damage done by notarios. In downtown D.C., two Bryan Cave colleagues listened to that report. David Zetoony ’03 arrived at his office upset at what he’d heard. A legal resident hired a notario publico to help with his children’s residency applications. The father had a green card, but his children live in fear of deportation due to the mistakes of the notario. “These kids are afraid to go into cars with their friends because if they get pulled over for a speeding ticket, they’re at risk for deportation,” says Zetoony, touched by the fear this family lives with. Zetoony sought out his colleague, Patrice Hayden ’02, who had also heard the report. “I was listening to the story
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The Texas State Attorney General’s office provides warnings that scams continue to target Hispanic immigrants. The scam plays off the similar sounds but different meanings between the English term “notary” and the Spanish term “notario.”
explains. “In fact, they’re colloquially called baby FTC acts,” adds Hayden. They examined the baby FTC Acts and saw that many states granted a private right of action. When they presented their ideas and supporting materials to immigration lawyers at the ABA conference, they were underwhelmed by the response. The attendees were intrigued, but wanted more —they wanted case law. Zetoony and Hayden were asked if they had tested their theory. That led to the only logical conclusion. “We decided that if people need to see that it works, we’ll show them,” Zetoony says. They went back to Bryan Cave’s pro bono committee, this time seeking permission to file cases on behalf of victims. The committee was excited by the potential for new precedent and asked the team to bring three cases, one each in their “tri-state” area: Maryland, Virginia, and D.C.
The Consumer Protection Approach Bringing a civil suit meant finding a plaintiff. Sanders applauded the effort, but knew firsthand how difficult it might be. While conservative estimates indicate fraud affects one in five immigrants, many fear retribution or removal if they file a complaint. “In the field, you’re always having people come to you with these stories and quite often, they don’t understand what’s going on,” says Sanders. While the three were searching for their first plaintiffs, they teamed up with the ABA to create an online notario fraud clearinghouse, a major component of which is a referral network. “If we can draw in immigration attorneys, who see this every day but might not be able to take the case, or might not be comfortable bringing a civil case in court, they could refer the case to a litigating attorney,” says Zetoony. The clearinghouse is an ever expanding resource. It can be found online at FightNotarioFraud.org. “To be fair, 16 or so states have written laws attempting to regulate notarios, requiring at least a disclaimer on their advertising if they use the phrase notario publico. What we
set out to do was to show that even in states that have statutes like that, it is still deception and can be prosecuted successfully,” says Zetoony.
Casework Their first case, Argueta vs. Mejia, was brought as a civil suit in Maryland state court but was moved to federal district court. “The case involved two families who went to an immigration consultant who claimed she could provide an attorney for each case and that she was a notario publica and had a court license,” says Zetoony. “The families retained the consultant, paid her thousands of dollars for her advice and services. Only later they discovered that she had no law degree, no court license, and no qualifications to provide legal advice.” The suit alleged that the consultant committed eight violations of Maryland’s Consumer Protection Act and 14 violations of Maryland’s Immigration Consulting Act. They received a judgment in the suit that includes injunctive relief preventing the notario from providing legal services or advertising that others can provide them, as well as a monetary judgment of $100,000. When the defendant declared bankruptcy, they followed her to bankruptcy court. They negotiated a consent decree where she admitted it was nondischargeable. They brought another case in Virginia. The Fairfax County Circuit Court approved a consent decree and permanent injunction in their case. They obtained double recovery for the victim and a 10-year injunction against the consultant. At the same time that these cases were pending in civil court, plaintiffs in both cases were undergoing immigration
AP Photo / Jae C. Hong
Hugo Malara, a 48-year-old immigrant from El Salvador, rubs his eyes as he prepares to move out of his foreclosed home in North Las Vegas, Nev. No longer able to make his monthly mortgage payment after losing his job at a neon sign company, Malara paid $800 to a former mortgage broker who advertised a “money back guarantee” promised to help him negotiate to keep him in his home. They later learned that by the time they wrote him the check they thought would save their home, the bank had already sold it at auction.
UVA Lawyer • Spring • 2010
AP Photo / Guillermo Arias
to be made by notarios who prey upon immigrants who don’t understand our complex legal system. The deception is far-ranging, on diverse issues like custody and divorce matters.” The civil route to relief is fast and more efficient. The team feels that after performing due diligence, a case can be brought in as little as a month. “It’s imperative to protect due process. Immigrants have rights in America — maybe more than in their home countries. That’s what we’re all about as attorneys — due process for our clients, whether you’re a plaintiff or a defendant, whether it’s criminal or civil,” says Zetoony. Zetoony and Hayden were both surprised that their clients were not seeking financial reward. “When one of our clients got a judgment, she said ‘How much do I owe you?’” When they told her nothing, the client wanted to donate the money back to them, so that others could be helped. “To her, it was about putting this person out of business,” Hayden says. The trio is still looking for the right case to bring in D.C. It’s clear their work in this arena, which has expanded to involve other lawyers at Bryan Cave, including Peter Hawkins ’07, will go on for some time. Additionally, on behalf of Catholic Charities, they petitioned the FTC with the hope that they A youth stands in the gates at the US-Mexico border awaiting his deportation at the San Ysidro port of entry in Tijuana, Mexico. More than 700 Mexicans are expelled from the United States can bring wider awareness to the fraud and perthrough this gate every day, as deportations have jumped by more than 60 percent in five years. haps influence policy. Although Catholic Charities has asked the FTC to also bring enforcement actions, as Zetoony commented “I suspect they’re running into the same difficulty that we ran into. People who proceedings that could lead to their deportation. “Because a are defrauded don’t speak English, they’re afraid of the system, civil action against a notario and an immigration proceeding they’ve been victimized, and they may or may not still be in against the victim of a notario can go on at the same time, the country as a result of the fraud,” Zetoony says. it’s possible that a victim might ultimately be ordered to be All of those factors create an exceedingly vulnerable removed from the country while they are still a plaintiff in the population that is unlikely to report abuses and unlikely to civil action,” explained Zetoony. “Although theoretically the find anyone to help. Even in the rare instance when someone civil action can continue, the prospect of having your client and is willing to come forward, that person might not be able to lead witness deported right before trial is a bit concerning.” figure out what to do. Although deportation was a possibility in both cases, the “David and I used to joke that there’s no pro bono work victim’s were able to explain to the immigration judges the nain consumer protection, that we had a hard time finding cases ture of their pending civil actions and the judges delayed their or projects that we could take on,” says Hayden. “Now we’ve hearings in order to give the plaintiffs time to participate in gained invaluable experience while litigating cases in the contheir suits. “While the plaintiffs may ultimately be deported, I sumer protection arena. It has extended into something much think it’s important that people know that lawyers and courts bigger, more important, and much longer lasting. That’s how took seriously the fact that they were wronged,” says Sanders. it should work.” “This drove home the fact that the private bar needed to do something about it,” Zetoony says. “Clearly, there’s money
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Faculty News & Briefs Ken Abraham was elected a Fellow of the American Academy of Arts and Sciences in April, 2009. He has also published “Custom, Noncustomary Practice, and Negligence” in the Columbia Law Review; “Stable Divisions of Authority” in the Wake Forest Law Review; “The Common Law Prohibition on Party Testimony and the Development of Tort Liability” in the Virginia Law Review; and “Insufficient Analysis of Insufficient Activity” in the Michigan Law Review.
In September, Margo Bagley participated in the “IP and Religious Thought Roundtable” at the University of St. Thomas School of Law in Minneapolis. In November she presented “The International Patent System” in New York to officials from the State Intellectual Property Office of China (SIPO) at an intensive training program at Yeshiva University’s Cardozo Law School. Also in November, Bagley’s most recent article, “The New Invention Creation Boundary in Patent Law” was published in the William & Mary Law Review.
In January Bagley presented “Patent Subject Matter and the Public Good: To Limit or Not to Limit?” at Bar-Ilan University’s faculty of law, at Ramat Gan in Israel. She also presented at the St. Louis University Law School Health Law Distinguished Speaker Series, “Illegal, Immoral, Unethical … Patentable? Issues in the Early Lives of Inventions,” and gave the same talk in February at the Indiana University IP Colloquium Speaker Series.
Michal Barzuza presented her paper “Lemon Signaling in Cross-Listing” at the Law & Economics Workshop at Columbia Law School.
In March Lillian BeVier gave a talk entitled “Six Things You Probably Don’t Know about Citizens United” to the Federalist Society at the University of Kentucky Law School.
Richard Bonnie ’69 received a research grant from the Robert Wood Johnson Foundation to study implementation of revisions to Virginia’s Health Care Decisions Act adopted in 2009 based on recommendations of the Commission on Mental Health Law Reform chaired by Bonnie. The major innovations in the new law relate to the use of advance directives to guide medical and mental health care when patients lack decision-making capacity due to mental illness. The research will be carried out by a team of researchers from UVA’s Department of Public Health Sciences and Duke University’s Department of Psychiatry. In February Bonnie presented a lecture entitled “Reflections on the Challenges of Mental Health Law Reform” at the Center for Bioethics at the University of Pennsylvania in Philadelphia. In April he presented “The Moral Biology of Addiction” at Harvard Law School and “Competence of Criminal Defendants” at the Conference on the Evolution of Forensic Psychiatry at the Yale School of Medicine in New Haven, Conn. In May Bonnie presented “Innovations and Challenges in Mental Health Law and Policy” to the board on Behavioral, Cognitive and Sensory Sciences at the National Research Council in Washington, D.C. He presented “The Supreme Court and Psychiatry in the 21st
UVA Lawyer • Spring • 2010
Century” at the anual meeting of the American Psychiatric Association in New Orleans, La. Bonnie also published an article on collective actions in public health in the American Journal of Public Health (with Gil Siegal), on prescribing of drugs to enhance mental performance in Neurology, and on the virtues of pragmatism in drug policy in the Journal of Health Care Law and Policy.
In January Tomiko Brown-Nagin was a panelist on “Student Activists as Law Makers,” at the Law School’s conference, Fifty Years After the Sit-Ins. In February she moderated, “Charter Schools: The Future of Public Education?” at the Law School’s Public Service and the Law Conference. In April Brown-Nagin was a panelist on “Race with History,” at From Slavery to Freedom to the White House: A Conference in Honor of John Hope Franklin, Duke University School of Law. In May she was a panelist on “Discovering a Pragmatic Tradition of Civil Rights Lawyering,” A Conference in Honor of William Nelson, New York University School of Law. Finally, Brown-Nagin reviewed Martha Minow, In Brown’s Wake (Oxford, 2010); Frymer, Black and Blue: African Americans, the Labor Movement, and the Decline of the Democratic Party (Princeton, 2007); Julie Novkov, Racial Union (Michigan, 2008) in Book Review Edition, Tulsa Law Review (summer, 2010)(Sanford Levinson & Mark Graber, Guest editors).
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George Cohen has a number of books and chapters forthcoming; a casebook, The Law and Ethics of Lawyering (5th edition), with Geoffrey C. Hazard, Jr., Susan P. Koniak, Roger C. Cramton, and W. Bradley Wendel ; a chapter, “How Fault Shapes Contract Law,” in Contract Law and Fault (Ariel Porat and Omri Ben-Shahar eds.); and “Interpretation and Implied Terms in Contract Law,” in Encyclopedia of Law and Economics (Boudewign Bouckaert & Gerrit De Geest eds.) In June Cohen will be a panelist at the 12th Annual Bench & Bar Conference of the Federal Circuit Bar Association at The Broodmoor in Colorado Springs, Colorado. He will be speaking about Advance Waivers of Conflicts of Interest.
Anne Coughlin published an article in November in the Virginia Law Review entitled “Interrogation Stories.” It focuses on the ways in which police use victim-blaming narratives to shape the confessions provided by accused rapists. Coughlin is teaching the first course in the Law School’s Law & Public Service Program. All students enrolled in the program must take this course. It is offered as an elective to other students at the Law School. In March Coughlin presented a paper entitled “What the Police Do” at a conference being held at Harvard Law School to honor Bill Stuntz. In May she is giving a lecture at the
Judicial Conference of Virginia in Norfolk. The conference is attended by the Justices of the Supreme Court of Virginia and by all judges on Virginia appellate courts. Her assignment is to provide a round-up of the Virginia appellate criminal case law decided in the past year. She has assembled a team of first-year Law students who are assisting her in preparing a memorandum describing the cases, which they will submit to the conference prior to her lecture.
Kimberly Emery’s ’91 article on parents and child-rearing decisions, co-authored with Robert Emery, Ph.D., and originally published in the Wake Forest Law Review, was reprinted in the Minnesota Family Law Journal. Her article submission was accepted for Volume 34 of the Washington University Journal of Law and Policy on “New Directions in ADR and Clinical Education Theory, Teaching and Practice.” Emery participated as a presenter and commentator in the Volume 34 Roundtable held at Washington University in November. The article is forthcoming this summer.
Brandon Garrett testified before the U.S. House of Representatives Judiciary Committee, Subcommittee on Commercial and Administra-
tive Law, in November on the subject of “Transparency and Integrity in Corporate Monitoring.” He also presented a chapter entitled “Innocence on Trial” at the American Criminology Association Annual Meeting in Philadelphia. Garrett helped organize the Law School’s Olin Conference in March on Law & Economics and Criminal Law, and will present a paper there co-authored with J.J. Prescott, titled “Failure and Delay in Appellate Litigation by the Innocent.” In April Garrett presented “The Substance of False Confessions” as one of the featured presentations at the annual Innocence Network Conference in Atlanta; and his article entitled “The Substance of False Confessions” was published in the Stanford Law Review. In June his essay “DNA and Due Process” will be published in Fordham Law Review. Garrett moderated a day-long discussion among prosecutors, police, and defense lawyers at Cardozo Law School, as part of the conference “New Perspectives on Brady and Other Disclosure Obligations: What Really Works,” designed to reach consensus on a set of best practices concerning effective management of information between police and prosecutors during criminal investigations and trials.
George Geis published two articles: “Internal Poison Pills”in the NYU Law Review (2010); and “An Empirical Examination of Business Outsourcing Transactions” in the Virginia Law Review (2010). He has also participated in a wide variety of presentations and panels, including events at the American Law and
Economics Association, the Association of American Law Schools’ Conference on Transactional Law, the Association of American Law Schools’ Conference on Business Associations, and the Law and Entrepreneurship Conference. On the teaching front, Geis is offering a new seminar on the financial crisis with Ed Kitch — along with classes in Contracts, Corporations, and Corporate Finance. He also co-taught a new January term class, Applied Problem Solving. Finally, Geis is participating in several upcoming activities as chair of the Law School’s Law & Business Program, including a private equity symposium (sponsored by the Virginia Law and Business Review) and a venture capital summit at the Darden School.
Risa Goluboff won the Order of the Coif Biennial Book Award for 2010 for her book, The Lost Promise of Civil Rights. Goluboff published an essay this spring in Stanford Law Review entitled “Dispatch from the Supreme Court Archives: Vagrancy, Abortion, and What the Links Between Them Reveal About the History of Fundamental Rights.” She presented a paper at the University of Pennsylvania Journal of Constitutional Law symposium on judicial review, and is also presenting at the University of Chicago Public Law and Legal Theory Workshop. Goluboff is also participating in UC Irvine’s conference, “Law as …”: Theory and Method in Legal History. Goluboff will be leading a week-long summer seminar for junior faculty and graduate students
for the Institute for Constitutional History with Dean Avi Soifer (of the University of Hawaii Law School). It is entitled “The Economic Constitution: Coercion or Freedom?” Goluboff has joined both the board of directors and the executive committee of the American Society for Legal History, and the editorial board of the peer-reviewed journal Law & Social Inquiry.
Tom Hafemeister will be publishing “Castles Made of Sand? Rediscovering Child Abuse and Society’s Response” in the Ohio Northern University Law Review (forthcoming July 2010). In addition, Hafemeister will be submitting (with his colleague Shelly L. Jackson) to the National Institute of Justice this summer their final report entitled “Financial Abuse of the Elderly vs. Other Forms of Elder Abuse: Assessing Their Dynamics, Risk Factors, and Society’s Response.” This report is the culmination of a three-year study of elder abuse in Virginia. With the help of various co-authors, Hafemeister is working to submit for publication within the next year manuscripts that address (1) intimate partner violence and the law’s response, (2) intimate partner violence targeting individuals with a mental disorder (with Rebecca Vallas and Joshua Hinckley-Porter), (3) “Financial Abuse of the Elderly: The Fiduciary Duty of a Person Who Assumes or Exercises Control over the Assets of an Elder” (with Matthew Weger), (4) “Society’s Mechanisms for Responding to Elder Abuse (with a Focus on Financial Abuse of the Elderly)” (with Jessica Montellese
UVA Lawyer • Spring • 2010
and Shelly Jackson), (5) “Advance Directives and a Physician’s Fiduciary Obligations” (with Mary Niemann), and (6) “Melendez-Diaz, Crawford, Goldstein, and the Testimony of Forensic Mental Health Professionals: Biting Their Tongues” (with Amanda Muller).
Rachel Harmon recently published an article, “Promoting Civil Rights Through Proactive Policing Reform,” in the Stanford Law Review.
A. E. Dick Howard ’61 was commissioned to write the lead article in the 50th anniversary volume of the Virginia Journal of International Law. In that article, “A Traveler from an Antique Land: The Modern Renaissance of Comparative Constitutionalism, “ Howard traced the remarkable rise of interest in comparative constitutionalism since World War II. He emphasized, as key factors in that resurgence of interest, post-war emphasis on protecting human rights, the rise of judicial review, the many uses of federalism and devolution, and the debate over citations to foreign and comparative law in opinions of the United States Supreme Court. At a conference in Washington, sponsored by the International Association of Law Schools, Howard drew upon his Journal article in presenting a paper,
40 | UVA Lawyer • Spring • 2010
“The Renaissance of Comparative Constitutionalism.” In Philadelphia, at the University of Pennsylvania Law School, Howard gave a lecture, “A Global Voyage: The Influence of the American Constitutional Experience on Other Countries and Cultures.” This was the second in a series of lectures Howard is giving as visiting scholar for 2009-10, a joint appointment of the National Constitutional Center and Penn Law. In his lecture, Howard explored several constitutional moments when the American experience framed constitution-making in other countries — the French Revolution, the 1848 revolutions in Europe, America’s colony in the Philippines, Czechoslovakia after World War I, Japan and Germany after World War II, and post-communist Central and Eastern Europe. In the spring Howard gave his third lecture as visiting scholar at the National Constitution Center and Penn Law. In that lecture, “The Road to Global Constitutionalism,” he traced important chapters in the development of international norms of constitutional government, including the founding period in America and France, the liberal constitutions of nineteenth-century Europe, the rise of social and economic rights, and post-war convergence on such norms as human rights, constitutional supremacy, and means of enforcing constitutional rights. The New York Law School and the New School for Social Research sponsored a program marking 20 years since the fall of the Berlin Wall. Howard joined other scholars who had been active, after 1989, in countries emerging from communism. In his remarks, Howard reflected on the meaning of the events of 1989 and prospects for constitutional democracy in the region 20 years later.
Howard continues to organize and supervise the Governor’s Legal Fellows program. He created that program for Mark Warner, and it continued under Tim Kaine and now under Bob McDonnell. UVA Law students who are chosen as fellows go to Richmond on a regular basis and work closely with the Governor’s Counselor.
In February Deena Hurwitz, Director of the Law School’s International Human Rights Law Clinic and Human Rights Program, spoke on a panel on U.S. Policy and the Islamic World, organized by the UVA Center for International Affairs. In March, Hurwitz was a panelist on “Teaching International Law: Lessons from Clinical Education” at the 104th Annual Meeting of the American Society of International Law. The Human Rights Program hosted the UN Special Rapporteur on Violence Against Women, South African Rashida Manjoo, a distinguished international scholar in residence for three weeks at the beginning of the Spring semester. Among other things, the Human Rights Program organized and hosted an invitational roundtable with Manjoo and other gender and human rights advocates from around the country on violence against women in the United States. The International Human Rights Law Clinic was involved in the case of Samantar v Yousef, heard March 3 in the Supreme Court of the
United States. The clinic consulted on an amicus curiae brief submitted by Senators Arlen Spector and Russell Feingold, and Representative Sheila Jackson Lee ’75.
Elizabeth Magill ’95 published the foreword to the Annual Review of Administrative Law published by the George Washington Law Review in June 2009. The paper was called “Agency Self-Regulation.” This spring Magill delivered a paper called “Allocating Power within Agencies,” co-authored with Adrian Vermeule at Harvard Law School, about how judicial review of agency action, and the structures and processes imposed on agencies, operate to allocate decision-making authority within agencies among competing internal constituencies. Some rules of judicial review, for example, empower political appointees, others empower agency lawyers, and still others empower agency professionals like scientists or economists. Magill presented this paper and received comments from participants at UVA Law’s Winter Faculty Retreat (where Dan Ortiz commented on the paper); Emory Law School; University of Minnesota Law School; and in May at the University of Chicago Law School. In late May Magill will teach a course on food and drug law at the Melbourne Law School in Melbourne, Australia. In August she will give a keynote address at the Chautauqua Institution, opening their series on the Supreme Court. She will set the stage for the week’s events by providing an overview of the founding and the history of the Supreme Court.
Greg Mitchell joined Dan Meador as an author on the third edition of American Courts, which was published in the fall of 2009. A book that Mitchell edited with David Klein of the UVA Politics Department, The Psychology of Judicial Decision Making, was released in early 2010. The latter book included two
chapters by Mitchell as well as chapters by professors Fred Schauer and Bobbie Spellman. Mitchell also published a comment in the Virginia Law Review’s online journal, In Brief, on the role of empiricism in employment law. John Monahan, Larry Walker, and Mitchell published the article “The Limits of Social Framework Evidence” in the journal Law, Probability and Risk. This spring Mitchell presented another paper he has written with Walker and Monahan titled, “Beyond Context: Social Facts as
Magill Elected to American Law Institute by Mary Wood
Academic Associate Dean Elizabeth Magill ’95 has been elected to the American Law Institute, a prestigious group of lawyers, judges and academics dedicated to improving the law. Magill is among 54 newly elected members, the organization announced in March, and joins more than 20 Law School colleagues already involved with the institute. “I was really honored to be elected,” Magill said. “The American Law Institute has a long tradition of eminent lawyers, law professors, and judges being involved. Its law reform efforts are very well known and have always been very influential. I was especially touched that people nominated me and wrote letters of support.” The organization produces scholarly work to clarify, modernize and otherwise improve the law. Its publications are extremely influential in legislatures, courts, and academia, and inclusion in the organization is a great honor, said Professor Kenneth Abraham, an ALI member. “The organization prepares and publishes what they call Restatements of the Law, which are attempts to synthesize and restate the legal principles in a variety of subjects,” Abraham said. “For example, the principle doctrine in American law of products liability for 40 years or so was a single section of the Restatement of Torts.” A membership committee deliberates on the qualifications of proposed members, and Abraham said Magill is a valuable addition to the organization. “I think she’s a superb legal scholar and a great lawyer, and she deserves to be a member of the institute,” he said.
UVA Lawyer • Spring • 2010
Case-Specific Evidence,” at the law schools at Michigan State and Temple.
A report of the Department of Defense Independent Review, “Protecting the Force: Lessons from Fort Hood,” concluded its investigation by referring to the work of John Monahan: “Academics have been developing violence risk assessment tools that the Department of Defense could employ or emulate. For example, the MacArthur Violence Risk Assessment Study produced a model to predict risk of violence among patients recently discharged from psychiatric facilities. Software incorporating this model was quite successful in its assessment of whether patients fell into a low- or high-risk group for violence. [Monahan et al, An actuarial model of violence risk assessment for persons with mental disorders. Psychiatric Services 56:7 (2005): 810–815.] This software, called Classification of Violence Risk, is available for use with acutely hospitalized civil patients [Monahan et al. 2005], and suggests that the development of tools for other populations may be worth pursuing … A full academic literature review would reveal other tools like these that the Department of defense might use in part or in whole. The Department of Defense could also sponsor the development of a comprehensive risk assessment tool aimed at identifying those at risk for a wide range of violent behaviors.”
42 | UVA Lawyer • Spring • 2010
Tom Nachbar is giving presentations covering the full spectrum of his scholarly interests this spring at a variety of locations. On national security detention, he is giving talks in a class called “U.S. Detention Policy and Litigation” that he is teaching as part of a program — Law and War: An International Humanitarian Law Workshop. The workshop is co-sponsored by the Law School’s Human Rights Center, the International Committee of the Red Cross, and the American Red Cross. It is part of a panel held at the Law School on recent issues in U.S. national security detention co-sponsored by the Human Rights Program and the U.S. Army Judge Advocate General’s Legal Center and School). Nachbar is also discussing the role of antitrust as a requirement of public rather than private regulation of markets (at Drexel University in Philadelphia), the historical purposes of copyright law (at the Copyright@300 symposium in Berkeley), and definitions of the rule of law (at a conference — Promoting the Rule of Law: Cooperation and Competition in the EU-US Relationship at the University of Pittsburgh).
John Norton Moore is currently engaged in a wide array of scholarly pursuits in addition to his full teaching schedule at the Law School. In June of 2009, he participated in a Maritime
Piracy/Counter Piracy Workshop sponsored by Booz Allen Hamilton, presenting a paper titled “Toward More Effective Counter Piracy Policy.” As piracy in the world’s oceans became an increasingly relevant topic, Professor Moore’s expertise and opinion were frequently sought out by various media. Moore is the chair of the 2010 Sokol Colloquium Committee, which presented the 23rd Sokol Colloquium on Private International Law on the topic of “Enhancing Effectiveness in Accountability for Human Rights Norms: Toward Stronger Criminal and Civil Measures” in April at the Law School. At the Sokol Colloquium, Moore presented a paper on “Liability of the United States Government for ‘Taking’ of Foreign Claims.” This spring will see the publication of a new book co-edited by Moore and titled Legal Issues in the Struggle Against Terror. Its contributors — from the highest levels of government, military and academia — address the fundamental legal issues arising from the War on Terror, and it includes an innovative chapter by Moore that advocates the use of civil litigation as a tool against terrorism. As director of the Law School’s Center for Oceans Law and Policy, Moore will host the 34th COLP Conference in Washington, D.C., in May, on the topic of “United States Interests in Prompt Adherence to the Law of the Sea Convention.” This year’s conference will involve participants with extraordinary backgrounds in government, law, business, and policy, and its proceedings will, as always, be published for international distribution. Another undertaking of the center is its annual Rhodes Academy of Oceans Law and Policy. Moore will be participating in the 15th session of the Rhodes Academy in Greece, from June 27–July 17, 2010. The
Rhodes Academy is an international collegial institution that provides an educational forum for discussion of the principles of modern oceans law and policy. In his role as director of the Center for National Security Law, Moore will be hosting and teaching at the 18th National Security Law Institute from May 30–June 11 at the Law School. The institute was originally conceived as a means of offering advanced training for legal educators in the field of national security law, and since its inception it has trained more than 100 lawyers from virtually every federal department and agency with national security responsibilities, including all of the military services and most of their war colleges, service academies, and JAG schools; in addition, foreign government lawyers from six continents have attended the institute.
In May Jeffrey O’Connell is speaking at the annual meeting of the Physician Insurers Association of America in Washington, D.C. He also gave a three-week course on “Civil Litigation & the Automobile” in February and March at the Tel Aviv University Law School. The Carolina Academic Press has published a book, Political and Legal Adventurers: From Marx to Moynihan by O’Connell and T.E. O’Connell, his brother, President Emeritus at Berkshire(Mass.) Community College.
Dotan Oliar will publish “Intellectual Property Norms in Stand-Up Comedy” (co-authored with Chris Sprigman) in Making and Unmaking Intellectual Property (forthcoming 2010, University of Chicago Press, Biagioli et al. eds.) a collection of articles studying the promotion of intellectual production without intellectual property rights.
Bob O’Neil, director of the University’s Thomas Jefferson Center for the Protection of Free Expression, will deliver in June the keynote speech opening the 50th anniversary meeting in Washington, D.C. of the National Association of College and University Attorneys. O’Neil has also written a 50th anniversary article for the Journal of College and University Law. In April, under the editorial leadership of John Norton Moore and Robert Turner ’81, S.J.D. ’96, O’Neil contributed a chapter of a new book on terrorism and national security issues called “Hate Propaganda and Terrorism” as a specific First Amendment contribution.
Dan Ortiz and Elizabeth Magill have published an article called “Comparative Positive Political Theory” in Comparative Administrative Law (Susan Rose-Ackerman and Peter L. Lindseth eds., forthcoming 2010). Also, the Supreme Court of the United States has agreed to hear one of the Law School’s Supreme Court Clinic cases (directed by Ortiz), Abbott v. United States. Jim Ryan’92 should argue it in October.
Saikrishna Prakash is working on a book on the original understanding of the President’s powers and also working on a paper on the constitutionality of Lincoln’s suspension of the writ of habeas corpus. The latter piece will be entitled the “Great Suspender of the Great Writ.” Finally, in March Prakash gave a chair lecture at the Law School entitled “No more Kings!?”
Last March Mildred Robinson published “The States’ Stake and Role in Closing the Federal ‘Tax Gap’” in the Virginia Tax Review. In August she presented “The Role of the AALS Resource Corps in Preparing for Site Visits” at the Southeastern American Law Schools
UVA Lawyer • Spring • 2010
Conference; and in October, “Brown v. Board of Education From the Ground Up: Opportunities, Grievous Costs, and Glimmers of Light” at UVA’s Woodson Institute’s NAACP 100th Anniversary Symposium.
George Rutherglen has an article forthcoming in the Supreme Court Review on the New Haven firefighters case decided by the Supreme Court last spring, “Ricci v. DeStefano: Affirmative Action and the Lessons of Adversity.”
Jim Ryan ’92 is serving as the inaugural Cameron Visiting Fellow at the University of Auckland this semester. He is co-teaching two short courses in their L.L.M. program and giving a series of lectures and workshops on a range of topics, including constitutional interpretation, American legal education, and the protection of religious liberty in the United States and New Zealand. Ryan has an upcoming public lecture entitled: “Lawyers, Guns, and Money: The Principles and Politics of Modern American Constitutional Interpretation.” This summer, Ryan’s book, Five Miles Away, A World Apart: One City, Two Schools, and the Story of Educational Opportunity in Modern America is being published by Oxford University Press.
44 | UVA Lawyer • Spring • 2010
Bob Sayler and Molly Bishop Shadel have just submitted (and signed a contract with Aspen to publish early next year) a 250-page book called Tongue-Tied America: Oral Communication-Causes and Remedies for a Neglected Skill. Shadel and Sayler will independently conduct legal education courses this summer on various aspects of oral advocacy at Covington and Burling in Washington, D.C. as well as a three-day oral presentation course for faculty at the Law School in May.
In December Fred Schauer presented paper on “Positivism Before Hart” at University College London. In January he published in Ratio Juris “Was Austin Right All Along?: On the Role of Coercion in a Theory of Law;” and “Neuroscience, Lie-Detection, and the Law” in Trends in Cognitive Sciences. He also presented paper on “Comparative Constitutional Architecture” at the Netherlands Academy of Sciences in Amsterdam. In February Schauer presented his paper on “The Trouble with Cases” at the Columbia Law School “Courts and Legal Process” workshop with Judge Pierre Leval of the United States Court of Appeals for the Second Circuit as his commentator.
In March Schauer spoke on “Lie Detection and the Law” at Michigan State University Department of Psychology; and on “Karl Llewellyn on Rules” at Washington University (St. Louis) School of Law. He published “Is There a Psychology of Judging?” in a book entitled The Psychology of Judicial Decision-Making, published by Oxford University Press, and edited by Greg Mitchell and David Klein, UVA professor of politics. Schauer’s “Rules of Recognition and the Dizzying Dependence of Law on Acceptance,” co-authored with Larry Alexander, was published in 2009 in The Rule of Recognition and the U.S/ Constitution, published by Oxford University Press and edited by Matthew Adler and Kenneth Himma. In May Schauer will speak in Gerona, Spain, on “The Necessary and the Important in the Philosophy of Law.”
In 2009 Lois Shepherd published two books, If That Ever Happens to Me: Making Life and Death Decisions after Terri Schiavo, University of North Carolina Press, and the second edition of her co-authored casebook, Bioethics and the Law (with Janet L. Dolgin), Aspen Publishers, Inc. In November she presented a paper at the Columbus School of Law entitled “Autonomy and Responsibility at the End of Life,” which later appeared in the Journal of Contemporary Health Law and Policy. A co-authored paper (with Donna Chen), “When,Why, and How to Conduct Research in Child and Adolescent Psychiatry: Practical
and Ethical Considerations,” was published in Psychiatric Clinics of North America. She also published short commentaries in The Hastings Center Report, the Charlottesville Daily Progress, and the UNC Press Blog. In March Shepherd produced a white paper for the University’s Miller Center, “Rationing Health Care at the End of Life.” The paper was background for a debate on U.S. health policy that was aired on PBS. She appeared as an expert on the law of genetics and ethics, along with Gil Siegal and Mimi Riley in a locally produced series “Genetics, Ethics and the Law” airing on Charlottesville Public Access T.V. Shepherd has recently presented talks in bioethics at the American Society of Bioethics and Humanities annual meeting, the Miller Center, the School of Medicine’s Medical Center Hour, and the Center for Bioethics and Humanities’ conference, “Developing Skills for Healthcare Ethics Programs.” She spoke at several community forums on health care reform and end of life issues.
In February, Gil Siegal S.J.D. ’09 appeared at Arizona State University to present “Collective Action Problems in Public Health — Lessons to be Learned, Obstacles to be Surmounted;” and at the Columbia University Medical Center, N.Y., to present “Regulating Genetic Research in Israel.” Siegal also hosted six TV programs on ‘Genetics, Ethics and the Law’, for public TV, to be aired on Public Access Station. The broadcast included Law school faculty Mimi Riley and Lois Shepherd.
Siegal also has an article forthcoming called “Enabled Autonomy and Justifiable Paternalism in Health Policy (James F. Childress, ed.).
Zahr Stauffer’s article, “Embedded Advertising and the Venture Consumer,” was selected for the Third Annual Junior Scholars Workshop in Intellectual Property held at Michigan State University Law College. Another article, “Sponsor-Generated Content and Its Discontents,” is forthcoming in a Symposium Issue of the Buffalo Law Review, dedicated to advertising and the law.
In March Paul Stephan ’77 participated in a panel at the annual meeting of the American Society of International Law on recent developments in alien tort suit litigation. In May Stephan will teach a course on emerging markets at the law faculty of the University of Sydney.
Two articles written by G.E. “Ted” White received awards in the 2009 calendar year. “The Suspension Clause,” in the Virginia Law Review (with Paul Halliday), received the 2009 Sutherland Prize of the
American Society for Legal History for the best article in English legal history in the 2008-09 academic year. White’s introduction to Oliver Wendell Holmes, The Common Law (John Harvard Library edition, 2009) received an award for exemplary legal writing in the 2009 Green Bag “Almanac of Useful and Entertaining Tidbits for Lawyers for the Year to Come & Reader of Exemplary Legal Writing from the Year Just Passed.” White also presented a paper, “The Lost Origins of American Judicial Review,” at a conference at George Washington Law School in October, which will be published in the fall 2010 issue of the George Washington Law Review.
Thomas White has published a second edition of Commercial Real Estate Transactions: A Project and Skills Oriented Approach (LexisNexis 2009, with James Geoffrey Durham and Debra Pogrund Stark). In the book, White introduces analysis of the equity portion of real estate syndications.
Ethan Yale has an article forthcoming for the Virginia Tax Review entitled “Corporate Distributions Tax Reform: Exploring the Alternatives.” He has also published in the Virginia Tax Review “Risk and the Tax Benefit of Deferred Compensation.”
UVA Lawyer • Spring • 2010
Class Notes 1938
call it a plea bargain in those days” he told
the reporter, “It was what kind of deal Baxley Tankard was featured in a front-
can you get.” Tankard himself served as
W. Moultrie Guerry is enjoying retirement.
page story entitled, “Baxley Tankard is
Commonwealth’s Attorney for 16 years.
“I felt I should retire because my hearing is
‘Dean of the Bar’” in the November 28 issue of Eastern Shore News. The story highlights his remarkable 70-year law
impaired now and I thought I might miss
career in Northampton County and gives
some testimony,” he writes. “I am healthy otherwise.” Guerry’s son and daughter graduated from the Law School and are
an interesting first-hand perspective on the
Judge George M. Warren, Jr., passed away
life of a small-town lawyer through much
January 12. He was born in Bristol, Va.,
of the 20th century to the present.
in 1922. After serving in the U.S. Navy
Charles B. Reeves notes that with the death
in World War II, he enrolled in the Law
of Jim Slaughter, he is now the sole survivor
Tankard, Jr., graduated from law school
School, and upon graduation he joined
of the class of 1951 Student Legal Forum.
the same year and returned to Virginia’s
his father to practice law in his hometown.
Eastern Shore to handle legal matters in
Among his many achievements in a career
their father’s business. John moved to
that spanned 55 years, he served in the
Washington, but Baxley stayed close to his
Senate of Virginia from 1963 to 1975 and
roots in the rural community of Weirwood.
was elected Commonwealth’s Attorney for
Guilford D. Ware received the Norfolk
When Tankard took his first court-
the City of Bristol in 1976, what he served
Foundation’s Barron F. Black Community
appointed case, his fee of about $10
until retirement in 2002. He returned
Builder Award in November. He was
covered finding witnesses, researching
to the private practice of law in 2002.
recognized for his extensive philanthropic
the case, and his time in court. In those
That same year the Governor of Virginia
support and commitment to charity
days cash-strapped clients sometimes
appointed him a judge pro tempore of the
organizations in the Hampton Roads
paid in crops or livestock. Tankard’s first
General District Court of the 28th Judicial
area. He has been with Crenshaw, Ware &
important jury trial involved a man and
District. Judge Warren was 80 years old
Martin for his nearly 60-year career. One of
woman who lived together, though their
when he left the bench in January 2003.
his practice areas has been advising families
Tankard and his brother, John
both in Washington, D.C.
relationship was unclear. The man died,
regarding their charitable contributions.
and the woman sued to collect money
He has helped create and has served on the
she avowed was due her for serving as
his housekeeper. Tankard won the case,
boards of charitable foundations for the Virginia Institute of Marine Science and
the woman collected $650 (a very large
Mr. and Mrs. Peter J. Rogers celebrated
the Norfolk & Portsmouth Bar Association.
sum in those days), and Tankard took the
their 61st wedding anniversary with their
He is also a fellow of the Virginia Law
afternoon off to celebrate.
family in Manchester, Mass., late last
Foundation. He and his wife, Gay, have
established a donor-advised fund at the
His first court-appointed case was settled by agreement with the
Commonwealth’s Attorney. “We didn’t
Tell us the important things that happen in your life! We welcome submissions for inclusion in Class Notes. Online, submit them at www.law. virginia.edu/alumni; E-mail them to email@example.com; 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 1 for inclusion in the next issue.
UVA Lawyer • Spring • 2010
After graduating from law school, Gunter
worked briefly at St. Paul’s legal publishing William M. Scaife, Jr. retired two-and-
company and the Virginia Farm Bureau.
William R. Rakes has
a-half years ago, after several years in the
He was elected via write-in ballot as
been named Roanoke’s
Marine Corps followed by over 50 years
Commonwealth Attorney for Frederick
of law practice in Fredericksburg, Va. He
County, Va., where he served from 1968
Litigator of the Year”
retired from the Marine Corps Reserve in
to 1970. In 1966, Gunter opened his law
by Best Lawyers in
firm, where he practiced law until just a few
America 2010. He has
days before his death. Survivors include his
been named to Best
1957 Earle Bates is now living in Lexington,
daughter, Melody Anne Gunter Foster.
Lawyers in America multiple times for various categories including antitrust law, appellate law,
banking law, commercial litigation, corporate law, mergers & acquisitions law,
Va., within walking distance of his undergraduate alma mater, Washington &
Henry H. McVey III writes that he
and securities law. He is a partner with
Lee. His residence is located in a retirement
is enjoying his 14th year of living in
Gentry Locke Rakes & Moore in their
community, Kendal at Lexington, and at 77
Gloucester County, Va.
Roanoke, Va. office.
he reports he’s in reasonably good health.
Robert J. Wolfe, reflecting on his upcoming 50th reunion, sends his best wishes to all of his classmates.
1964 Richard A. Bigger, Jr.,
has been selected for inclusion in North Robert P. Bartlett, Jr.,
Carolina Super Lawyers
has been selected for
2010 in the area of
inclusion in Ohio
estate planning and
Super Lawyers 2010.
probate. He is in the
In February retired Judge Jere M.H. “Mac”
He is with Faruki
Willis, Jr., received the 2010 Harry L.
Ireland & Cox in the
Wishart Norris Henninger & Pittman,
Carrico Professionalism Award presented
firm’s Dayton office,
where he focuses his practice on estate
by the Virginia State Bar Criminal Law
where he focuses his
planning and administration.
Charlotte office of
Section at its 40th annual criminal law
practice on cases involving the first
seminar in Williamsburg. Willis was
amendment, defamation, privacy, access to
Donald L. Dell was a featured speaker at
recognized for his commitment to the
news, the Freedom of Information Act, and
the International Tennis Hall of Fame and
ideals of professionalism in the practice of
commercial business litigation.
Museum in Newport, R.I., in February. He discussed his career in the sports marketing
law and the administration of justice in Virginia; his contributions to improving
The Hon. Ronnie A. Yoder established
and management industry, in which he has
the criminal justice system; and his
a scholarship in July 2007 for masters’
represented some of America’s best-known
competence, fairness, integrity, and
students enrolled at Virginia Seminary,
tennis stars, including Arthur Ashe and
courtesy. Willis served on the Court of
the purpose of which is to advance the
Andy Roddick, as well as basketball greats
Appeals from 1989 until his retirement in
study of love as an appropriate center
such as Patrick Ewing and Michael Jordan.
2002. A Fredericksburg native, he is the
of Christian theology, life, preaching
Dell is the cofounder of the Association
grandson, son, and father of lawyers.
and practice, and to explore love as a
of Tennis Professionals and the founder
theme unifying all religions. The 2009
of ProServ, an agency that has represented
Yoder scholarship was awarded to Nick
hundreds of star athletes. He was inducted
Forti, a senior at the Virginia Theological
into the International Tennis Hall of Fame
Seminary, and was presented at a dinner
1958 E. Eugene Gunter of Winchester, Va., passed
that honored scholarship applicants and
away on October 18. He was a member
Yoder’s contributions to the seminary.
of the Delta Theta Phi law fraternity.
48 | UVA Lawyer • Spring • 2010
John P. Mascotte has been elected to
William F. Roeder, Jr., has co-founded
the board of directors of Pfizer. He joins
Roeder, Cochran, Parrott, Chandler &
the board in accordance with a merger
Kinsel in Tysons Corner, Va. Joining him
agreement made with Wyeth, where he had
are James B. Kinsel ’98 and Brian F.
been serving as board member.
Chandler ’01. Roeder focuses his practice on corporate, real estate, banking, and
Whayne Quin has
A few good annual giving volunteers Join the Law School’s volunteer team. Contact Helen M. Snyder ’87 firstname.lastname@example.org
been named the Washington, D.C. Best
Stanley L. Samuels opened his own
Lawyers in America
practice in Norfolk, Va. His website is www.
2010 Real Estate
Lawyer of the Year for 2010. Quin is a partner with Holland &
1970 Samuel M. Davis LL.M., dean of the
Knight, where his practice focuses in the area of municipal law, including urban
Daniel M. Chichester was recently
University of Mississippi School of Law,
planning, historic preservation, zoning,
elected vice president of the National
will step down at the end of the academic
land use, building and housing codes, and
District Attorney’s Association, the oldest
year. Davis plans to teach at the school
environmental, transportation, urban, and
and largest professional organization
full-time after taking a probable sabbatical
other real estate matters. He chairs the
representing criminal prosecutors in
leave to work on various projects. During
firm’s land use and government practice
the world. During his three-year term
Davis’s 12-year deanship, the number of
for the Mid-Atlantic region.
he will be involved in the legislative and
scholarships available to the 500 full-time
educational functions of the association.
students more than quadrupled, alumni
John H. Riggs has served nearly five years
He has been Commonwealth’s Attorney for
giving has increased, and the quality of
as chairman of the board and president
Stafford County, Va., since 1971.
students has improved. The law school
of the American Hospital in Paris after
will move into a new building in the fall
retiring from White & Case in 2005.
1969 Gerard Mitchell and his daughter, Julie
Mitchell ’99, of Stein, Mitchell & Muse, Richard S. Glasser has been selected for
recently obtained a plaintiff ’s verdict
Edwin M. Baranowski has been selected
inclusion in Best Lawyers in America 2010
in a medical negligence case in the
for inclusion in Best Lawyers in America
in the area of plaintiff ’s personal injury. He
District of Columbia Superior Court.
2010 in the area of intellectual property
is a managing partner of Glasser & Glasser
Gerard was named Washington, D.C.’s
law. His focus includes patents involving
in the firm’s Norfolk, Va., office.
Medical Malpractice Lawyer of the Year
life sciences, the Internet, and public
by Best Lawyers 2010, and was among
infrastructure. He is with Porter Wright in
Washingtonian Magazine’s top lawyers for
the Columbus, Ohio, office.
personal injury cases. Dean Hasseman is general counsel
Tim Bloomfield reports that he is happily
Gordon D. Schreck has been named a
with CITGO Petroleum Corporation.
in semi-retirement. He left Holland
South Carolina Super Lawyer for 2010 in
He received the Outstanding Counsel
& Knight in 2007 and now represents
the field of maritime law. He has been
with an Attorney staff of 11-30 Award
one long-term client, serves as AAA
included in every edition of Best Lawyers in
and the Champion of Diversity Award
arbitrator in commercial disputes, and
America since 1989. He currently chairs the
given by the Houston Business Journal
does occasional mediation work. He is still
faculty and academic affairs committee of
and Association of Corporate Counsel in
active in sailboat racing and other boating.
the board of trustees of Hampden-Sydney
October. His nomination cited his role in
His wife Susan, daughter Maia (38), son
College and is chair of the Charleston
critical strategic oversight on numerous
Peter (35) and Grace are all terrific. “Life is
Maritime Law Institute at the Charleston
compliance, risk management, and
good,” he writes. He is looking forward to
School of Law. He is a senior shareholder
operational issues. In February he received
reading Earl Dudley’s book.
with Buist Moore Smythe McGee in the Charleston office.
UVA Lawyer • Spring • 2010
the 2010 Minority Corporate Counsel
law. He is a partner in the Milwaukee,
Association Employer of Choice, South/
Wisc., office of Quarles & Brady, where he
Southwest Region Award.
focuses his practice in the areas of mergers
Alan B. Clark has joined Allen Matkins
and acquisitions, commercials real estate,
Leck Gamble Mallory & Natsis as partner
and family business.
in the firm’s Los Angeles, Calif., office,
John Pearson retired on December 31
where he practices in the litigation group.
from Willcox & Savage after more than 38 years of practice with the firm. He looks
Linda Fairstein is on
He was previously a partner with Latham
forward to new adventures.
the board of God’s
Love We Deliver In October 2008 the Hon. Louis A.
(GLWD), a charitable
Claire G. Gastañaga has been reappointed
Sherman was sworn in as a judge of the
by the Governor of Virginia to the Virginia
Circuit Court of the City of Norfolk, Va.
provides and delivers
Small Business Advisory Board. Her
He is married to Carol Sherman and has
nutritious meals to
colleagues have elected her to serve as the
two children — Eric, who graduated from
people living with
board’s legislative liaison.
the University in 1998 and the Medical
AIDS, cancer, and other life-threatening
School in 2002; and Scott, who graduated
illnesses in New York City. This spring she
from the Commerce School in 2001.
will be master of ceremonies for Authors in
Kind, a major fundraising event for GLWD In February Mark Sullivan testified in the
held at the New York Palace Hotel around
Andrew H. Hook’s article on the Uniform
Alaska Senate and House of Representative
press time. Fairstein will discuss her latest
Power of Attorney Act was published in
hearings on custody and visitation
novel, Hell Gate, the 12th in her best-
2009 in the University of Richmond Law
legislation for military parents. He was
selling series of thrillers featuring the
called as an expert witness there and
brilliant crime-solving prosecutor Alex
also in Congress, where he testified for
Cooper (see In Print). She has invited her
Nicholas A. Lotito was selected for
the House Veterans’ Affairs Committee
best-selling partner in intrigue, David
inclusion in the list of Georgia Super
on federal legislation regarding military
Baldacci ’86, to speak also; his most recent
Lawyers 2010 in the area of white-collar
custody and deployment issues. Sullivan
spellbinder is Deliver Us From Evil.
criminal defense. He has been included
is a retired Army Reserve JAG colonel, and
in that publication since 2006. He is with
author of The Military Divorce Handbook
Bruce Wallinger recently completed a
Davis, Zipperman, Kirschenbaum & Lotito
(American Bar Association, 2006).
two-year term as chair of the Virginia
in the firm’s Atlanta office, where his
Alternative Dispute Resolution Joint
practice areas include antitrust litigation
Warren Wood invites friends to check
Committee. He is with Hoover Penrod in
and criminal law.
out his latest venture, Executive Mediator
Harrisonburg, where he is an arbitrator
and mediator serving on the commercial,
The company provides experienced
employment, and large complex case
executives in business and commerce and
panels of the American Arbitration
the professions to help resolve disputes
1976 Walter W. Bardenwerper, former vice
and close deals through mediation “online,
president, general counsel, and secretary
on-site, and worldwide.”
of Watson Wyatt & Co., has been named
general counsel of Towers Watson & Co., formed in January through the merger
Two years ago D. Richard Worsham and
of Watson Wyatt & Co. and Towers
his partner sold the asset management firm
Perrin, Inc. Towers Watson is a global
Gerald E. Connolly
they began 20 years ago. They also sold 49
professional services company providing
was selected for
percent of their tax practice. At the time of
services in employee benefits, talent
inclusion in the
sale (before the stock market crashed) they
management, rewards, and risk and capital
managed approximately $150 million for
management. The Towers Watson legal
Lawyers 2009 in the
approximately 125 clients. They have both
department includes lawyers located in
area of real estate. He
remained affiliated with the buyer firm,
North America, Asia, Europe and South
has also been included
Summit Wealth Management, to assist
Africa. Bardenwerper is in the company’s
in Best Lawyers in
with client retention.
Arlington, Va., office.
America 2010 in corporate and real estate
50 | UVA Lawyer • Spring • 2010
Peter E. Broadbent, Jr.,
The unprecedented transaction
his time at RWU, bar pass rates have soared
was named Associate
provides approximately $400 million
and the faculty has become one of the
Member of the Year by
in initial public and private funding for
most diverse in New England.
the Virginia Cable
the modernization of more than 20,000
public housing units and an additional
John N. Raudabaugh joined Nixon
$65 million to $75 million each year
Peabody’s labor and employment practice
for ongoing operations. Before the deal
as counsel in the Washington, D.C., office.
industry trade group.
closed, NYCHA was operating these units
In 2009 he represented U.S. employers at
The annual award recognizes outstanding
without any dedicated federal, state, or city
the International Labour Conference, 98th
contributions to the VCTA and the cable
session, addressing the global jobs crisis,
industry by an association member not
William C. Crenshaw has joined the
and he co-chaired a team of attorneys on
employed by a cable system operator.
Washington, D.C., office of Akerman
behalf of the United Nations Development
Broadbent serves as legal counsel to the
Senterfitt as shareholder. He continues to
Programme, addressing the elimination of
VCTA and its member cable companies.
practice commercial litigation, workouts,
the worst forms of child and forced labor
He is a partner at Christian & Barton in
through access to justice, remediation, and employment and labor rights. He
Richmond, where his legal practice focuses on telecommunications, intellectual
Roscoe C. Howard, Jr., has joined Andrews
served for four years as member for the
property, business, and governmental
Kurth as partner in the Washington,
U.S. National Labor Relations Board and
D.C., office, where he is in the corporate
previously was with Baker & McKenzie.
compliance, investigations and defense Ann Margaret Pointer
practice group. He was named one of
David L. Sfara was married to his wife,
has been listed in
Washington’s top lawyers by Washingtonian
Mara, on November 23, 2008. Among
Georgia Super Lawyers
Magazine in 2009.
those in attendance were H. Coleman Switkay, Ed Rouh, Marty Dever, and
2010 in the area of employment litigation.
Roger Williams University School of Law
Roscoe Howard. Mara is an artist; her
She is a partner in the
Dean David A. Logan was honored by the
work can be seen at www.marafinearts.
Atlanta office of Fisher
NAACP for his outstanding efforts toward
com. Sfara is with Carmody & Torrance
& Phillips, where she
achieving diversity and inclusiveness in
in the firm’s Waterbury, Conn. office,
focuses on representing management in
legal education. The Providence Branch
where he is a partner in the estate and tax
labor and employment matters.
of the NAACP presented Logan with the
planning group. He, his wife, and her three
Community Service Award at its 96th
daughters live in Farmington.
M. Hamilton “Tony” Whitman, Jr., has
Annual Freedom Forum Dinner, at which
been named to the “Top 50” Maryland
Logan also served as the keynote speaker.
Super Lawyers 2010 in the area of
Logan was recognized for adding diversity
transportation/maritime, general litigation,
to the faculty and staff at RWU Law in
and construction litigation. He is a
Rhode Island, for his commitment to
Michael P. Haggerty
principal with Ober Kaler, where he is
improving higher education in Liberia, and
was named a 2009
chair of the disputes resolution section.
for other innovative programs initiated
Texas Super Lawyer by
during his deanship, including the Latino
Policy Institute at RWU and the recently
magazine. He has also
opened Immigration Law Clinic. He was
been selected for
also recognized at the 40th Anniversary
inclusion in Best
Ballard Spahr housing attorneys, led by
Celebration of Rhode Island Legal
Paul K. Casey, represented the New York
Services. During his tenure at RWU, he
2010 in the area of real estate law. He is a
City Housing Authority in closing one of
has spearheaded numerous public interest
partner in the Dallas office of Jackson
the largest public housing low-income
projects, paved the way for increasing
Walker, where he leads the finance practice
housing tax credit bond deals — and
the school’s public-service graduation
group. He focuses his practice in the area
the largest public-private partnership
requirement to 50 hours, increased
of finance, real estate, public finance, and
of its kind — in U.S. history. Casey has
funding for students who work in public
financial recovery solutions.
represented NYCHA since 2004 and is
service jobs each summer, and helped
co-partner in charge of Ballard Spahr’s
enable scholarships targeted at applicants
who have a public-interest focus. During
Lawyers in America
UVA Lawyer • Spring • 2010
W. Thomas McGough, Jr., has been named
partner in the Houston office of Jackson
Patricia R. Hatler was elected chair of the
Pittsburgh Bet-the-Company Litigator of
Walker, where his practice focuses on
board of directors of the Association of
the Year in Best Lawyers in America 2010.
commercial real estate with emphasis on
Corporate Counsel (ACC) at the annual
McGough practices in the commercial
office and retail leasing.
meeting in Boston, Mass., in October. The ACC is the world’s largest community of in-
litigation group with Reed Smith in the Ely A. Leichtling was
house counsel, serving the professional and
selected for inclusion
business interests of attorneys who practice
Debi Sanders has been named one of the
in Wisconsin Super
in the legal departments of corporations,
top immigration lawyers in Washington,
Lawyers in the area of
associations, and other private-sector
D.C. for 2009 by Washingtonian magazine
organizations around the globe. Hatler has
for her work on behalf of refugees,
labor. He was also
served on the ACC Board since 2005. She is
immigrants, and others seeking asylum
selected for inclusion
executive vice president and chief legal and
in Best Lawyers in
governance officer at Nationwide Mutual
Pittsburgh, Pa., office.
in the U.S. She has worked at Catholic Charities’ Immigration Legal Services
America 2010. He is a partner in the
program for two years, helping individuals
Milwaukee office of Quarles & Brady.
Insurance Company in Columbus, Ohio. Edward R. Koch has published his first
make their way through the immigration legal system. She specializes in government
Chuck Throckmorton was inducted
novel, Relay, a story for young readers
relations and pro bono cases. Sanders
as a fellow of the American College of
about high school track and field. He is
played a key role in establishing the
Bankruptcy. He is a founding member
a partner in the CPA firm Paul Scherer
immigration legal intake program at the
and shareholder with Kozyak, Tropin, and
& Company in Manhattan and lives in
Family Justice Center. For more on Sanders
Throckmorton, where he practices in the
northern New Jersey with his wife Cora,
and her work against notario fraud, see the
fields of business bankruptcy and complex
and sons Eddie and Billy. (See In Print.)
feature in this issue of UVA Lawyer.
business litigation in Miami, Fla. After nearly six years, Kathy Pauli is still living in Shanghai, China. Classmates
Brig. Gen. Patrick Finnegan has been
Martha Ellett has recently moved from the
Rt. Rev. Stacy F. Sauls, the Episcopal Bishop
selected to lead Virginia’s Longwood
Department of Treasury to the legislative
of the Diocese of Lexington, Ky., has been
University. Currently Dean of the
and consumer area of the FDIC’s legal
awarded an LL.M. with distinction in canon
Academic Board at the U.S. Military
law from Cardiff University in Wales. His
visiting Expo 2010 are welcome to call her.
dissertation was on the Anglican Covenant.
Academy, Finnegan was the unanimous Glenn A. Gundersen
Sauls chaired the House of Bishops Task
was honored by the
Force on Property Disputes and is on the
Hugh F. Hill is an assistant professor
Presiding Bishop’s Advisory Committee on
at Johns Hopkins University, where he
teaches emergency medicine.
at the association’s
choice of the Board of Visitors.
annual leadership Michael K. Kuhn was
meeting in Miami, Fla.,
appointed to the Green
in November, where he
Lease Task Force
shared the Award for the Advancement of
Brenda T. Cubbage
created by the ABA’s
Committee or Subcommittee Objectives,
has been named in
Section of Real
which recognizes creative thinking and
Texas Super Lawyers
Property, Trust and
initiative that leads to significant
for business litigation.
Estate Law Section.
developments in intellectual property
She is a founding
The task force’s goal is
policy developments. Gundersen is a
to produce written materials on green
partner in the Philadelphia, Pa., office of
leasing issues concerning office, retail, and
Dechert, where he focuses his practice on
Cubbage Healy &
industrial leases for ABA periodicals and
intellectual property transactions and
for presentation at symposia this spring.
counseling and privacy law.
Kuhn was named a 2009 Texas Super Lawyer by Texas Monthly magazine. He is a
52 | UVA Lawyer • Spring • 2010
McNamara in the firm’s Dallas office.
David M. Foster was
After five years in Hong Kong, David N. Powers is relocating to Houston, Tex., to
appointed to the Virginia State Board of
Daniel Bernard was
continue his corporate and energy projects
Education by Gov. Bob
recently named among
at Baker Botts. His family moved to Hong
the Top Lawyers in
Kong from Washington in 2005 to open
Metro Detroit in
the firm’s first Asian office. It’s been a great
took place on February
DBusiness magazine in
experience, but they’re looking forward to
15 at Pavilion I on the
the business litigation
UVA Lawn. Foster previously served as a
category. He is a
two-term chairman of the Arlington
Cammie Robinson Hauptfuhrer was
County School Board, where he worked
Vercruysse, Murray & Calzone in the firm’s
recently named a board member of the
toward reducing class sizes and improving
Bingham Farms, Mich., office, where he
North Carolina Humanities Council, a
school safety. He is a partner with
focuses his practice on commercial
statewide nonprofit organization and
Fulbright & Jaworski in Washington, D.C.,
litigation, labor and employment litigation
affiliate of the National Endowment for the
where he focuses on antitrust and trade
on behalf of public and private sector
Humanities. Through grants and public
regulation, consumer protection, and other
employees, ERISA litigation, and higher
programs, the council supports the culture
and heritage of the state of North Carolina.
Douglas A. Hastings has been named
Thomas C. Frongillo
Washington, D.C. Health Care Lawyer
was named co-chair of
of the Year by Best Lawyers in America
the investigations and
2010. Hastings is chair of the board of
directors of Epstein Becker Green. He
practice at Weil,
focuses his practice on providing health
Gotshal & Manges in
care organizations with strategic and
Boston, Mass. He is a
transactional guidance in the changing U.S. health care system.
partner and head of the litigation practice, where he concentrates on white-collar criminal
Thomas Snow delivered the keynote
Blaine Lucas was
investigations and prosecutions, regulatory
speech and administered the oath of
included in Best
investigations and proceedings, and
citizenship to approximately 60 candidates
Lawyers in America
business litigation. He was selected for Best
during a naturalization ceremony in
2010 in the areas of
Lawyers in America 2010 in the area of
Fairfax, Va., in September. Snow is the
land use and zoning
white-collar criminal defense and was
acting director of the Executive Office for
law. He is with Babst,
named leading lawyer for trade secrets in
Immigration Review, a position he has held
Calland, Clements and
the U.S. and leading lawyer for white-collar
since his appointment in February 2009.
Zomnir in the firm’s
criminal defense in The Legal 500 USA 2009. Thatcher A. Stone and his aviation-
Pittsburgh, Pa., office, where he is a shareholder in the business services and
Jennifer Jordan McCall is chairman of
focused practice were honored with ACQ
public sector groups.
the estates, trusts, and tax planning group
Finance magazine’s Aviation Law Firm of
at Pillsbury Winthrop Shaw Pittman.
the Year-North America award in October.
Joseph F. Savage, Jr., has been inducted as
She is based in Palo Alto, Calif., and also
ACQ Finance magazine is published in
a fellow in the American College of Trial
maintains an office in New York City.
the United Kingdom, where it circulates
Lawyers. He is with Goodwin Procter
She loves Pillsbury and she is very proud
among decision makers at investment and
in the Boston, Mass., office, where he is
of their ETTP team. Her two daughters,
merchant banks, the U.K. Legal 500, and
a partner in the firm’s litigation group.
Caroline and Hillary, both attend
business leaders in Western Europe.
Savage focuses his practice on white-
Stone is regularly involved in the legal aspects of export credit finance for
collar criminal defense, governmental investigations work, and complex civil
James Pfander’s book, One Supreme Court:
a variety of foreign carriers. He has also
Supremacy, Inferiority, and the Judicial
established a plaintiff ’s contingency fee
Power of the United States, was recently
practice to enforce passenger rights against
published by Oxford University Press. (See
U.S. carriers. Stone v. Continental helped
clarify New York law on the issue and stir
UVA Lawyer • Spring • 2010
A few good annual giving volunteers Join the Law School’s volunteer team. Contact Helen M. Snyder ’87 email@example.com 434-924-4668
William S. Fish, Jr., is a partner
of Arizona when she joined the Obama
with Hinckley Allen & Snyder in the
administration to become the first woman
firm’s Hartford, Conn., office, where
to serve as Secretary of Homeland Security.
he focuses his practice on general
For more on Napolitano and her work as
corporate advice and transactions,
Secretary, see the feature in this issue of
bankruptcy, First Amendment, and
complex commercial litigation. Hinckley Allen & Snyder is a regional
Donal O’Donnell LL.M. ’83 was appointed
New England law firm with offices
to the Supreme Court of Ireland by
in Boston, Providence, Hartford, and
President Mary McAleese.
Concord, New Hampshire. Terence P. Ross has joined Crowell & support for an airline passenger bill of
Jeffrey Horner was re-elected to the
Moring as partner in the firm’s intellectual
rights. Stone’s office is in New York City.
board of directors of the South Texas
property group in Washington, D.C.. He
He has taken several cases with Todd
College of Law in Houston, for his
concentrates his practice in the areas of
M. Sloan ’72, whom he met as adjunct
fourth three-year term, which will
intellectual property, new media, and
faculty in the Law School’s Law & Business
expire in December 2012. He is a
technology. He was previously with
partner in the Houston law firm of
Gibson, Dunn & Crutcher.
Stone is also chairman of Xavian
Bracewell & Giuliani and is head of
Group AG, a venture stage company that
the firm’s public law section. He has
raised several million dollars in funding to
been at the same firm for 26 years, a
develop an insurance product to replace
distinction he believes is only shared
the export credit agencies’ guarantee for
by class members Paul Mourning
Madaline Herlong’s novel, The Great
new Boeing purchases. Xavian’s capital
and Bob Latham. He also writes that
Wide Sea, has been selected as one of the
model received an investment-grade
he’s “trying to maintain a shred of
2010 Top Ten Best Books for Young Adults
financial strength rating and enhancement
sanity in dealing with three kids —
by YALSA, the young-adult arm of the
rating from S & P in August. Xavian is now
two of them teenagers — at three
American Library Association. The novel
working on acquiring long-term insurance
is both a sailing adventure and the story
capital and reinsurance.
of a father and his three sons wrestling Thomas R.
with grief, adolescence, and forgiveness.
Madaline lives in New Orleans with her
been selected for
husband, Don Haycraft ’83, and their four
inclusion in Ohio
sons. She is a doctoral candidate at Tulane
Richard M. Campanelli joined Baker &
University and currently makes use of her
Daniels as counsel in the firm’s health care
2010. He is a
law degree in the first-year writing course
and life sciences practices in Washington,
she teaches, entitled “Argument, the First
Faruki Ireland &
Amendment, and Legal Philosophy.” It is
D.C. He will also serve as a senior advisor with B&D Consulting, a division of Baker
Cox in the firm’s Dayton office, where
a great challenge, she reports, to take 18-
& Daniels. Campanelli worked in the
his practice areas include business
year-olds through the mysteries of the First
U.S. Department of Health and Human
and commercial litigation and
Amendment, comma splices, and parallel
Services from 2002 to 2009 as director of
intellectual property litigation.
structure all at the same time.
to the Secretary on the HHS senior
U.S. Secretary of the Department
John Nassikas joined Arnold & Porter’s
management team. As director of the
of Homeland Security Janet
Washington, D.C. office, as the responsible
Office for Civil Rights, he led nationwide
Napolitano was honored at
partner for the firm’s white collar practice.
medical privacy and civil rights compliance
the National Italian American
efforts. In his position as counselor he
Foundation’s 34th Anniversary
John Ragosta’s first
worked closely with senior officials in
Awards Gala in Washington, D.C.,
book, Wellspring of
executive branch agencies, including the
in October, where she received the
Liberty: How Virginia’s
Office of Management and Budget and the
NIAF Special Achievement Award
for Public Service. Napolitano was
Helped Win the
serving her second term as Governor
the Office for Civil Rights and as counselor
54 | UVA Lawyer • Spring • 2010
and Secured Religious Liberty, was
Daniel W. Sutherland has been named
investment and corporate giving committees,
published in April by Oxford University
chief of the Global Engagement Group
and was CFO, secretary and general
Press. (See In Print.)
of the National Counterterrorism Center,
counsel of the Google Foundation.
where he coordinates U.S. government Martin Weinstein and his wife, Lori,
efforts to counter violent extremism in
Richard Neel will serve as Virginia’s
welcomed their son, Joshua Michael, on
the United States and around the world.
Deputy Attorney General for Technology,
July 18, 2009. Joshua joins big brothers
His work focuses on both near- and
Real Estate, Environment, and
Ethan and Max, both 8. The Weinsteins
long-term efforts to deny terrorists the
Transportation. Neel has been an attorney
live in Chevy Chase, Md. Martin runs the
next generation of recruits. In spring 2009
in private practice and civic leader in
compliance and enforcement group at
he completed six years serving as Officer
Fairfax County. He recently completed
Willkie Farr & Gallagher.
for Civil Rights and Civil Liberties at the
eight years of service as president of
Department of Homeland Security, where
the Southeast Fairfax Development
he advised three Secretaries on issues at the
Corporation, a nonprofit entity engaged
intersection of liberty and security. In both
in economic development and commercial
positions, he has the privilege of working
revitalization initiatives. The Mount
Martha Donovan was co-coordinator
closely with Muslim community leaders,
Vernon-Lee Chamber of Commerce
and moderator for a course entitled
including some from the University of
named Neel its 2009 Chamber Citizen of
“Overview of Environmental Law and
Virginia. Sutherland, his wife, and three
the Year. He was previously an associate
Regulatory Process” presented in February
sons live in northern Virginia. For more on
with Dewey Ballantine in Washington, D.C.
on the Rutgers University campus in
Sutherland and his work, see the feature in
Brunswick, N.J. The course explained
this issue of UVA Lawyer.
June Summers Haas
governmental mandates and the legal
has been named by
tools for administering and enforcing
State Tax Notes
environmental laws. Donovan is a member
magazine to its
of Norris McLaughlin & Marcus, where she
“All-Decade State Tax
co-chairs the environmental law group in
Judith I. Gleason has served as in-house
Team.” Haas and the
the Bridgewater, N.J., office.
counsel at the New Jersey Department of
other honorees were
Agriculture since September 2007. Her
singled out for being
Umit Herguner LL.M. continues to serve
work ranges from contracts to interstate
among the “most influential practitioners
as managing partner of the Istanbul-based
commerce (e.g., milk pricing). She also
of the decade.” Haas litigates state tax cases,
law firm of Herguner Bilgen Ozeke, which
serves as equal employment officer and
works to resolve tax disputes, represents
boasts global recognition as the largest
ethics liaison. She hopes for an economic
clients in audits, and advises clients
firm in Turkey. The firm celebrated its 20th
upswing for state budget needs in 2010.
regarding Michigan and multistate tax
anniversary this year and was honored by
strategies. Her practice also focuses on
the International Financial Law Review as
Gregory Miller has joined Virtual Law
managing state income, value-added, sales,
the Turkish Law Firm of the Year for the
Partners in Palo Alto, Calif. Founded in
and use tax issues for business entities. She
second year running. Also for the second
2008, VLP is a virtually connected and
is a partner with Honigman Miller
straight year, Herguner appeared as the
geographically distributed law firm of 40
Schwartz and Cohn in the tax appeals
only Turkish practice in the FT Law 50
attorneys. VLP’s practice reaches across
department in the Lansing, Mich., office.
Innovative Lawyers Index for 2009.
multiple industry sectors, including high tech, financing and venture capital, life
Thomas H. Miller’s firm, Frankl, Miller
sciences, clean tech, tax and real estate,
& Webb, recently celebrated its five-year
and represents clients that vary in size
anniversary. “Our five attorneys and eight
from early-stage startups to Fortune 500
Cannon Allen has
staff,” he writes, “have achieved through
been named president
dedication and loyalty a successful
In 2006 Miller joined Google as Dr.
of the Memphis World
litigation practice with emphasis on auto,
Larry Brilliant’s first key hire when launching
Trade Club, an
trucking, and transportation, personal
Google’s philanthropic arm, Google.org.
injury and workers’ compensation.” The
Miller was managing director at Google.org
firm’s office is located in Roanoke, Va.
through late 2009, leading its philanthropic
industries involved in
investments, grants and legal teams. He was also chair of Google’s philanthropic
the import and export of goods. The club promotes growth in
UVA Lawyer • Spring • 2010
international trade and facilitates
addition, Bernick was included on the
to the operations, HR, and risk services
networking in the business community.
magazine’s list of the Top 25 Women
teams, while also taking on responsibility
Allen is a partner with Adams and Reese in
Oregon Super Lawyers in 2009. Bernick
for overseeing all litigation for the
the firm’s Memphis, Tenn., office, where he
represents employers in complex
company. She will also take on government
is leader of the litigation practice group. He
employment cases, including wage and
affairs, while assisting with the day-to-day
focuses his work in the areas of commercial
hour class actions. She also trains and
management of the legal department.
litigation, class and complex litigation, and
counsels employers in preventive
business and health care litigation.
employment practices, including
a senior attorney at the law firm of Wyatt,
Americans with Disabilities Act and wage
Tarrant & Combs in Louisville.
David L. Dallas, Jr., has been elected
compliance, leave, discipline and
to the board of directors of Williams
termination policy, and sexual harassment.
Prior to joining Papa John’s, Oyler was
Christine A. Samsel
Mullen, where he is managing partner
of the Charlottesville office. His practice
James D. Wall has
Hyatt Farber Schreck
concentrates on strategic planning,
been selected for Best
as a shareholder in the
business structuring and financing,
Lawyers in America
mergers and acquisitions, management
2010 in the area of
Her practice focuses on
incentive, succession planning, large
health care. He has
advising companies in
commercial and real estate transactions,
also been listed as a
and business dispute resolution.
“Legal Elite” in
employment law. Samsel is based in Denver,
Colo., and will help in the expansion of the
all aspects of labor and
In April 2009 Ben Webster joined the
Carolina magazine. He counsels corporate
firm’s labor and employment practice in
Sacramento, Calif., office of Littler
and health care clients in contractual
California. She was previously with Akin
Mendelson as office managing shareholder.
relationships, including those with
Gump in Washington, D.C.
The firm focuses solely on labor and
employees, vendors, and independent
employment law. Webster had been
contractors. He is a founding member of
at Pillsbury 21 years, the last eight as
Wall Esleeck Babcock in the Winston-
managing partner of the Sacramento
Salem office. Tim McEvoy recently started Cameron
office. He and his wife, Joy, had a “second honeymoon” with sons Ethan and Grant (both 13) and Keith (11) in Santa Fe last
summer to celebrate their 20th anniversary.
McEvoy, a litigation boutique in Fairfax, Va. The 10-employee firm specializes in corporate and commercial litigation and
Col. Dan Bunch was appointed to serve
has handled claims as diverse as qui tam
Laurence K. Williams writes that his
on the Klamath County (Oregon) Circuit
defense, Clean Water Act claims, and a
daughter, Lea, was diagnosed with type 1
Court by Gov. Theodore Kulongoski.
wide variety of other business-related
diabetes two years ago and is now on an
Bunch has served on Klamath County
claims. Notwithstanding the firm’s focus,
insulin pump. “Advances in treatment have
Counsel since 2006. He has also served in
McEvoy found himself at the Supreme
been numerous in recent years,” he writes,
the U.S. Navy and the U.S. Air Force, and
Court of the United States in 2009, with
“and a prospect of a cure is brighter than
as staff Judge Advocate for the Oregon Air
respect to a federal criminal case he
ever.” He urges his classmates and all UVA
National Guard 173rd Fighter Wing. In
handled in 2007. The Court ruled 9-0 in
Law alumni to support research to cure
2007 he deployed to Iraq as part of General
his client’s favor.
Petraeus’s Law and Order Task Force, and was awarded the Bronze Star by General
Petraeus after returning from Iraq.
Caroline Oyler has been named vice
Wendy Anderson Terry has been
Carol J. Bernick has
president and senior counsel at Papa John’s
promoted to special counsel in the
been named partner-
in Louisville, Ky. Oyler has been with Papa
regulatory and government affairs
in-charge at Davis
John’s since 1999, serving as the company’s
department at Wilmer Hale in
Wright Tremaine in
labor and employment lawyer and
Washington, D.C. She is in the antitrust
Portland, Ore. She was
providing legal support to the operations
and competition practice group, where
included in Oregon
and human resources teams. In her new
her practice focuses on antitrust law,
Super Lawyers. In
role, Oyler will continue to provide support
56 | UVA Lawyer • Spring • 2010
particularly regarding mergers and acquisitions, general antitrust counseling, and private antitrust litigation. Virginia Supreme Court Justice Barbara M. Keenan LL.M. was nominated to the U.S. Court of Appeals for the Fourth Circuit by President Barack Obama and was confirmed by the U.S. Senate in March. She had served on the Virginia Supreme Court since 1991, and is the first female judge from Virginia to serve on the Richmond-based Fourth Circuit. Sean Mahoney is with the Conservation Law Foundation, an environmental advocacy group that’s been working in New England for 40 years. He is the director of the Maine office, located in Portland. “Life is good,” he reports. Matthew J. Thomas joined Reed
Shoring Up Pro Bono Work in a Tough Economy By Rebecca Barns
Smith in Washington, D.C., as partner in the shipping group. His practice focuses on domestic and international
Last fall, Chief Justice Randall Shepard LL.M. ’95 of the Indiana Supreme Court and
maritime and shipping matters, as well
his colleagues on the court stepped forward to help rescue a program that recruits
as trade regulation issues pertaining to
and retains attorneys who work for low-income clients. Many of these attorneys face
a dilemma: they want to work for non-profit agencies that help the poor, but their low salaries mean they struggle to pay off their high debt from law school.
Since 2006 the Indiana Bar Foundation’s Loan Repayment Assistance Program for Indiana has helped support law school graduates doing legal aid work. The economic downturn caused a suspension in program awards and threatened to force some highly
Joel Pierre-Louis is senior director of operations at the Dormitory Authority
qualified attorneys to seek more profitable positions. To shore up the program, the Indiana Supreme Court has transferred $25,000 to it.
for the State of New York in Albany,
The funds come from fees paid by law graduates who applied to take the bar exam. To
where he plans and directs the activities
encourage private donations, the Supreme Court offers to match new money raised by
of the human resources office, risk
the Bar Foundation for this purpose up to $175,000.
management, records management, and
The help couldn’t come at a better time. Non-profits need attorneys with a passion
manages the security and maintenance of
for pro bono work more than ever, because more people rely on legal aid to resolve their
all the authority’s buildings, grounds, and
own legal and financial problems.
vehicles. He also represents the Authority
“The Indiana Supreme Court commends attorneys who are serving the needs of the
in the collective bargaining process,
poor,” says Chief Justice Shepard. “We are pleased to support their efforts and help them
administers agreements, coordinates
repay a small fraction of the educational debt they have likely acquired. It is important
disciplinary proceedings, and participates
that civil legal aid organizations have qualified passionate attorneys representing the
in overall planning and development.
needs of the poor.”
Dionne E. Thompson was appointed as the U.S. Department of the Interior Bureau of Reclamation Chief, Congressional and Legislative Affairs. In her new position she oversees the bureau’s congressional and legislative affairs and serves as the
UVA Lawyer • Spring • 2010
bureau’s primary liaison with Congress.
partner and owner of Surovell, Markle,
From 2003 to 2009 she worked at the
Isaacs & Levy, where his practice areas
Federal Energy Regulatory Commission,
include criminal defense, family law,
most recently as Senate liaison in the Office
personal injury, small business litigation,
of External Affairs, where she covered
and consumer matters.
electric transmission, natural gas, and David S. Thomas has been elected partner
in the Palo Alto, Calif., office of Wilson Sonsini Goodrich & Rosati, where he
practices in the employee benefits and Corry Andrews and her husband, Barton
David Haddock and his wife, Klara
Biggs, welcomed a son, Ezra William Biggs,
Matouskova, are proud to announce the
born at home on May 19, 2009. Ezra joins
Tahesha Wright Way was recently
birth of their son, Alex, in June.
sisters Ailey (6), Harper (3) and Marley (3).
appointed an administrative law judge
The family resides in Nelson County, Va.
for the State of New Jersey. She resides in
Donald J. Munro has joined Jones Day
Wayne with her husband, Charles, and
as partner in Washington, D.C. Munro
Christopher Brearton has been
their three daughters, Fallon, Farah, and
is a labor and employment litigator with
named to SportsBusiness Journal and
particular expertise in the transportation
SportsBusiness Daily’s “Forty Under 40”
industry and is a nationally recognized
list for 2010, which recognizes the most
authority on the Railway Labor Act. He
promising young executives in sports
was previously with Goodwin Procter.
business under the age of 40. Brearton
is managing partner of O’Melveny
J. Stephen Berry has been made partner
Ethan G. Shenkman joined the U. S.
& Myers in Los Angeles, Calif., and a
with McKenna Long & Aldridge in the
Department of Justice as Deputy Assistant
member of the entertainment, sports, and
Atlanta, Ga., office, where his practice
Attorney General of the Environment and
media practice. He advises national and
focuses on insurance coverage and
Natural Resources Division.
international sports organizations, motion
insurance bad-faith issues, with emphasis
picture studios, independent producers,
on construction defect and catastrophic
financial institutions and investment
property damage claims. His practice
funds, and television networks in a
includes litigation, coverage advice, and
range of transactions including licensing
1995 The Hon. J. Travis Laster was sworn in as
arrangements, sponsorship agreements,
vice chancellor to the five-member Court
financing, and mergers and acquisitions.
Laura Deddish Burton
of Chancery of the State of Delaware on
was recently elected
October 9. The Wall Street Journal calls the
Trey Hanbury and Suzanna Kang
president of the
court “arguably the nation’s leading court
announce the birth of their son, Nathaniel
on corporate and business law.”
George Hanbury, who arrived two weeks
In an interview on the Delaware
early on December 14. He weighed 8 lbs.,
organization of women
Corporate and Commercial Litigation
3 oz., and measured 20.5 inches. “Mother
Blog, Laster said he was looking forward
and baby are doing well,” Trey reports.
in Greensboro, N.C.
to joining a court that has been praised
“Dad is still recovering.”
as one of the nation’s best and whose
The group helps professional women connect through monthly networking
colleagues are known for their opinions,
In November Scott A. Surovell was
events, grow as leaders, and serve their
insights, and scholarship. “This court has
elected to the Virginia House of Delegates
community. Burton is with Smith Moore
a docket where you are deciding very big
representing the Mount Vernon area of
Leatherwood, where her practice focuses on
questions and opinions that get read by
Fairfax County, where he lives with his
immigration and international law. She was
corporate practitioners and corporate
wife Erinn Madden and their children, Eva,
named a rising star for 2010 in North
scholars all across the country. So, it’s an
Leia, Mara, and Colin. He still practices
Carolina Super Lawyers and was included in
exciting challenge but I am very mindful
law in the City of Fairfax with Robert J.
Best Lawyers in America 2010 in the area of
of those responsibilities and it’s a little bit
Surovell ’69, David M. Levy ’70, David J.
Fudala ’79, Sen. J. Chapman Petersen ’94, and Nathan Rozsa ’08. He is a co-founding
58 | UVA Lawyer • Spring • 2010
Deborah Gramiccioni has been appointed director of the authorities unit by New Jersey Governor Chris Christie. She previously served as the state criminal justice director. Carl D. Gray has been promoted to counselor with Hunton & Williams in
A few good annual giving volunteers
Amy Swift finished her master’s in international studies and is now in Windhoek, Namibia, working as a neutral trial observer on the Caprivi High Treason Trial.
Join the Law School’s volunteer team.
Lori D. Thompson has
Contact Helen M. Snyder ’87
been named by Virginia
Lawyers as one of the
“Influential Women of
Norfolk, Va. He is a member of the product liability practice and focuses his practice on
Virginia” honorees for
admiralty and maritime law, government contracts law, and construction law.
2010. Thompson is a as director for equity compliance and
education in Johns Hopkins’ Office of Thomas P. Kimbis is the director of policy
and research and general counsel of the
LeClairRyan in Roanoke, where she is an executive officer. She focuses her practice on bankruptcy
Solar Energy Industries Association (SEIA).
Stephen J. Malone, of New York City, was
and commercial litigation. Lori resides in
Kimbis will help lead the development of
promoted to vice president, employment
Roanoke with her husband, Mark, and their
long-term policies promoting solar energy
law, at NBC Universal in July.
two children, Sidney (9) and Caleb (6).
and oversee expansion of SEIA’s market research efforts. He will also provide legal
Amit P. Mehta has been named partner
services to SEIA.
at Zuckerman Spaeder in Washington,
Kimbis most recently served
D.C. His practice focuses on white-collar
as executive director for the Solar
criminal defense, complex civil litigation,
Foundation, a nonprofit promoting the
and appellate litigation.
increased use of solar energy through education and research. From 2005 to
Shawn P. Naunton has been named
2009, he served as director of market
partner at Zuckerman Spaeder in New
transformation for the Solar Energy
York City, where his practice focuses on
Technologies Program (SETP) at the U.S.
commercial litigation, securities litigation,
Department of Energy. While there, he
and white-collar defense. He has been
led efforts to maximize opportunities for
recognized as a 2010 “Local Litigation Star”
solar energy commercialization. He also
by Benchmark Litigation.
served as acting program manager of SETP, managing a $170 million portfolio.
Department of Homeland Security Secretary Janet Napolitano ‘83 with David Chung ‘98 at a DHS function at Chung’s Washington, D.C. nightspot, George.
Samantha Pelosi has joined the consumer and community affairs division of the
Earsa R. Jackson has been appointed
Board of Governors of the Federal Reserve
director of the American Bar Association
System as an attorney. She is amending the
Forum on Franchising Litigation and
Truth in Lending Regulations regarding
Dispute Resolution Division, which studies
and presents a range of approaches to solving legal disputes involving franchises.
(left to right) are Mario Springer, Caroline Laguerre- Brown and Peter Dernbach
Jason M. Sneed has been appointed to
She officiated the forum’s annual meeting
the International Trademark Association’s
in Toronto, Canada, in October. Jackson
2010 Project Team, which is planning the
was recently named a leading franchise
association’s annual meeting in Boston, Mass.
lawyer and “Legal Eagle” by Franchise
Sneed is a partner with Alston & Bird in
Times for the second consecutive year. She
Charlotte, N.C., where he focuses his practice
is the practice area leader for the franchise
on trademark and copyright litigation.
and distribution group for Strasberger & Price in the firm’s Dallas, Tex., office.
Caroline Laguerre-Brown was appointed
Mario D. Springer was promoted to
associate vice provost for institutional
assistant general counsel-real estate at
equity at Johns Hopkins University
Automatic Data Processing, aka ADP, in
in December. She previously served
UVA Lawyer • Spring • 2010
A band of lawyers raises money for D.C.’s homeless.
Lawyers Band Together to Help the Homeless By Rebecca Barns
If you live in the Washington, D.C. area, it’s hard
focused on donations and volunteer help from the D.C. area legal
to miss seeing the homeless on the way to work, but when you’re
community. The operation supports more than 70 shelters, soup
in a rush, they can blur into the landscape. A large and growing
kitchens, and housing facilities with clothing and other essentials.
coalition of lawyers and law firms, however, is working together to help those in desperate need of necessities. The project started simply, in the winter of 1986, when a group of attorneys collected money from their law firms and colleagues to buy warm clothing and blankets to distribute to the homeless
The D.C. legal community pulls together for the homeless in another way, too. Each summer they rock out in a fundraiser called Banding Together: The Battle of the Law Firm Bands. Every participating band includes at least one lawyer. Fans at the concert “vote” for their favorite bands with their wallets: Each vote costs a
on downtown streets and at shelters. People were ready and willing
dollar, and voting early and often is strongly encouraged. Many
to give, and they gave generously.
of the rowdy fans in the audience are summer associates from the
Today their organization, called Gifts for the Homeless, makes winters a lot warmer for thousands of homeless people in the Washington area. Each fall the group collects and distributes
Law School. One hundred percent of the funds raised at the event are used to buy clothing and blankets for the homeless. The crowd can get pretty charged hearing their colleagues
thousands of bags of used clothing to more than 70 area shelters.
belt out songs like “I Fought the Law and the Law Won.” Last
Throughout the year, the group collects financial contributions
year’s winning band, Williams & Connolly’s “Dangerous
from lawyers, firms, and the general public that it uses to buy new,
Communication Device,” received more than 10,000 votes. The
high-quality clothing, sleeping bags, and blankets. Bart Epstein ’99
sixth annual Banding Together contest will take place on June 24 at
is president and chairman of the organization. Stephen Propst ’98
the Black Cat, a music venue on 14th Street in the District.
and Laurence Williams ’87 also serve on the board. Every cent of every dollar donated to Gifts for the Homeless
“Gifts for the Homeless works hard to ensure that every major law firm, government law office, and private law department in
by the general public goes to purchase warm clothing and blankets,
the D.C. area participates in our summer concert and fall clothing
and every dollar goes a long way. By pooling donations and
drive,” says Epstein. “The events are great fun for a great cause, and
buying directly from manufacturers, this winter GFTH was able to
when we work together we are able to make a powerful impact on
purchase, for example, more than 10,000 pairs of warm socks for
the lives of people who desperately need a helping hand.” With the
just 46 cents each.
energy and creativity of these determined lawyers, they are likely to
Though GFTH accepts donations from anyone, its efforts are
60 | UVA Lawyer • Spring • 2010
do just that.
James B. Kinsel co-founded Roeder, Cochran,
at historic Kent Manor on the Maryland
Alive, a nonprofit pet adoption group. He
Parrott, Chandler & Kinsel in Tysons
Eastern Shore. A honeymoon destination is
is an appellate advocate with Hankinson
Corner, Va., with William F. Roeder ’67
still to be determined; possibilities include
Levinger in the firm’s Dallas office.
and Brian F. Chandler ’01.
the French Riviera or a South Pacific island Scott Dangler is a
resort. They will reside in Annapolis. Curtis Romig and Jennifer Murphy Romig
are proud to announce the arrival of their
Gunster in Fort
daughter, Elizabeth Kay, on September 18.
Lauderdale, Fla.. He
Mother and daughter are doing well.
concentrates his practice in intellectual property litigation,
computer and Internet law, and antitrust litigation.
Christine Arakelian has joined Biovail as Kandice J. Giurintano has been elected
vice president of corporate development/ mergers and acquisitions, and will
Julie Mitchell and her father, Gerard
member with McNees Wallace & Nurick in
relocate to Toronto in June. Biovail is a
Mitchell ’69, of Stein, Mitchell & Muse,
Harrisburg, Pa. Giurintano is co-chair of
pharmaceutical company focused on the
recently obtained a plaintiff ’s verdict in a
the firm’s appellate and post-trial practice
specialty CNS niche.
medical negligence case in the District of
group and is also part of the litigation and
Columbia Superior Court.
transportation, distribution, and logistics
Stephanie L. Chandler
practice groups. Her practice focuses on
was listed as one of
Matthew S. Petersen was elected chairman
representation of corporate clients in
San Antonio’s rising
of the Federal Election Commission for
business disputes. Giurintano was named
stars in the December
2010. He was nominated to the commission
among Best Lawyers in America 2010 in the
issue of Scene in S.A.
by President George W. Bush and confirmed
area of appellate law.
Monthly. She is a
by the U.S. Senate in June 2008. Wendy R. McCord and her husband,
partner at Jackson George O. Peterson has opened his own
Dodge McCord, welcomed Amelia Lindsey
focuses her practice on securities
firm, Peterson Saylor, in Fairfax, Va. The
on February 13, 2009. Amelia joined big
transactions, reporting and compliance,
firm focuses on fiduciary and business
brothers Maxwell Ryan (7) and Lucas Elijah
mergers and acquisitions, technology
(4). Wendy is in-house counsel for Black Hills
Walker, where she
Corporation in Denver, Colo., and Dodge
licensing and commercialization, and general corporate work.
works in finance for AIMCO in Denver. Tonya Sulia Goodman and her husband,
Kyle Courtnall is pleased to announce his engagement to Nancy Clark, M.D., of
Ryan Clinton has been honored with
Gregg, happily welcomed their second
Annapolis, Md. Kyle operates a private
the Henry Bergh Leadership Award
child, Gino Louis, on July 8.
practice in Fairfax, Va., exclusively in the
for his work in promoting the goal of
field of criminal defense. He previously
no-kill animal sheltering in the Austin,
Andrew M. Wright is staff director of the
served as a prosecutor, public defender,
Tex., area. The award was given by the
Subcommittee on National Security and
and police academy instructor. Nancy
Oakland, Calif.-based group, the No Kill
Foreign Affairs of the House Committee
is a vascular surgeon who operates a
Advocacy Center, which is dedicated to
on Oversight and Government Reform.
medical practice, Bay Vascular Surgery, in
ending euthanization of shelter animals
He and his wife, Caprice Roberts, live in
Baltimore, Md. In addition to her medical
nationwide. As a result of Clinton’s work,
the Bloomingdale neighborhood of the
degree, Nancy is a licensed attorney. An
a no-kill item made its way to the Austin
District of Columbia.
engagement party was held on February 27
City Council agenda, where elected officials
at the U.S. Naval Academy’s Alumni House
voted unanimously for a establishing a
in Annapolis, Md., with over 60 close
plan for no-kill policies and procedures.
friends and family in attendance.
Clinton founded FixAustin.org, a grassroots
nonprofit dedicated to ending the killing of
Brian F. Chandler has co-founded Roeder,
October 16 at St. Anne’s Episcopal Church
lost and homeless pets in Austin, and serves
Cochran, Parrott, Chandler & Kinsel in
in Annapolis, with a reception to follow
as volunteer legal counsel for Austin Pets
Tysons Corner, Va. Joining him in this new
The couple will be married on
firm are two alumni, James B. Kinsel ’98 UVA Lawyer • Spring • 2010
and William F. Roeder, Jr. ’67. Chandler
Brendan V. Johnson was nominated as
David Stuckey, a senior consultant with
focuses his practice on litigating business
U.S. Attorney for the District of South
Hudson Legal in Budapest, and the Law
and employment disputes.
Dakota by President Barack Obama and
School’s William S. Potter Professor
was confirmed by the U.S. Senate in
Michael Dooley met at the LL.M. alumni
reunion in Frankfurt, Germany, last
Christopher Y. Chi has
summer. Stuckey handles expatriate
been elected a member with Bass, Berry &
Beppy Landrum Owen has been
recruitment throughout Central and
Sims in Nashville,
recognized by the University of Central
Eastern Europe and is spearheading
Tenn., where his
Florida’s International Services Center
Hudson Legal’s presence in Latin America,
and Global Perspectives Office for her
and he welcomes hearing from current or
includes mergers and
commitment to internationalization. She is
former LL.M. students in Brazil, Mexico,
co-chair of the senior living practice in the
Turkey, and Central Eastern Europe.
financings, and corporate governance. He
Orlando, Fla., office of Akerman Senterfitt
also advises companies in the health care,
and chair of the Orlando area committee
entertainment, food and beverage, and
on foreign relations. Her practice focuses
on transactions that involve corporate
acquisitions, private equity financing,
In December Shreve Ariail and
Christopher Chorba has been named
multistate debt financing, real estate, and
Carter Burwell tried a criminal case
partner with Gibson Dunn in Los Angeles,
intellectual property matters.
together in federal court in Brooklyn, N.Y.
Calif. His practice includes appellate,
Both are Assistant U.S. Attorneys in the
class actions, and complex fraud and civil
Justice Ericson Lindell
violent crime and terrorism section of the
has been named a
U.S. Attorney’s Office in the eastern district
2010 Rising Star in
of New York. The case involved two violent
James Fajkowski was named partner with
armed robberies, and the jury swiftly
K&L Gates in the intellectual property
Lawyers and a future
convicted the defendant on all six counts in
group in Boston, Mass. He focuses
star by Benchmark
the indictment. On a personal note, Shreve
his practice on intellectual property
Litigation. Lindell is a
was married in September, and Carter and
transactions, licensing, patent portfolio
his wife recently celebrated the birth of
development, and client counseling.
Winthrop & Weinstine in Minneapolis,
their second child.
where he specializes in commercial litigation and civil appellate work. He also
Jason Barclay has been
represents individual and corporate clients
elected partner at
in the areas of intellectual property,
Barnes & Thornburg
antitrust, employment litigation,
in Indianapolis, Ind.,
shareholder disputes, and Indian law.
where he is a member of the litigation
Lathrop B. Nelson III was named partner in the litigation department
department. He represents clients in
at Montgomery, McCracken, Walker
complex white-collar criminal
& Rhoads in Philadelphia, Pa. Nelson
investigations, civil enforcement actions,
Gunes Hopson is happy to announce that
concentrates his practice on complex
and administrative proceedings before
she has launched her own part-time
commercial litigation, antitrust law, and
state and federal regulatory bodies.
photography business in Richmond, Va.,
government investigations and white-
specializing in on-location portrait, pet,
and sports photography. Please visit her
Devin C. Dolive was elected to the board of
website for more information www.
Geoffrey Sigler has been named partner
directors of the
with Gibson Dunn in the Washington,
D.C., office. He is a member of the
litigation department, where his practice
focuses on class actions and health care
established to facilitate
collaboration between businesses and
62 | UVA Lawyer • Spring • 2010
individuals with ties to Alabama and
of December 18 dressed as Santa’s helpers,
Germany and to increase business and
singing carols throughout the town.
foster cultural exchange. Dolive is an
Cristina founded the group in the memory
Nathan T. Danielson
associate with Burr & Forman in
of her best friend, a young mother who
Birmingham, where he practices in the
lost her life to cervical cancer in 2007.
Indianapolis, Ind. Danielson is a member
Scott Fink has opened his own law
Nicole M. Murray has
of the firm’s banking,
firm, Fink Law, in the heart of Boston’s
been recognized as a
financial district. The firm’s litigation
2010 Rising Star in
practice encompasses a broad array of
Illinois Super Lawyers,
practice group, where he focuses his
corporate and individual matters and also
in the area of
practice on banking law, real estate,
represents clients in employer-employee
creditors’ rights and business law.
disputes. Fink is licensed in Massachusetts,
She is in the Chicago
Danielson represents clients in matters
California, and Minnesota. Prior to
office of Quarles &
involving commercial loan workouts, loan
establishing his own firm, Fink was an
Brady, where she focuses her practice on
restructurings, loan originations, secured
attorney with Cooley Manion Jones, where
intellectual property litigation and
transactions, business services, real estate
he handled complex commercial litigation
trademark and copyright counseling.
transactions, foreclosures, receiverships,
cases in federal and state court.
bankruptcy and general civil litigation. Elizabeth A. Ratliff
Prior to joining Plunkett Cooney,
Kathleen Hanlon Sinclair and her
has been recognized
Danielson practiced law in both southern
husband, Bill, welcomed Edward Joseph
in Ohio Super Lawyers
California and northern Indiana, where he
“Teddy” Sinclair on November 3, 2008,
as a rising star in the
also focused his practice on real estate,
the day before President Obama’s historic
area of business
business and banking transactions and
election. “He is our pride and joy,” she
litigation. She is an
related litigation. His recent experience
writes, “and he finally sleeps at night!”
associate in the
includes serving as general counsel for a
Cleveland office of
family of regional banks and financial
Vorys, Sater, Seymour
institutions, as well as for an Indiana-based
environmental consulting firm.
Elena Parent and her husband, Briley
Scot H. Fishman received the Legal Aid
Brisendine, welcomed their first child,
Society’s 2009 Pro Bono Publico Award
a son, Brooks Andrew Brisendine, on
for Outstanding Pro Bono Counsel. He
February 25. Elena is currently running for
has directed the global pro bono efforts
the Georgia House of Representatives in an
at Dewey & LeBoeuf in the firm’s New
Atlanta-area district. The election will be
York office for the past three years. During
held on November 2.
spring semesters, he co-teaches a pro bono seminar at the Law School with Kimberly
Bernd J. Hartmann LL.M. and his wife,
Emery ’91, the Law School’s assistant dean
Susanne, are proud to announce the birth of Ella Dorothea on February 10. She joins
Jeremy K. Webb has been promoted to
for pro bono. Before taking his current
Tabea (6) and Jakob (4), who are as happy
shareholder at GableGotwals in Tulsa,
position, Fishman practiced litigation.
as their parents. Hartmann is a senior
Okla., where his practice focuses on
research fellow with the Institute for Public
commercial litigation, environmental law,
Ali Sarafzadeh Khorassani is the new
Law and Politics at Muenster University in
oil and gas law, and labor and employment
director of international trade for the
state of Vermont. His wife, Berenice, is a professional pastry chef in Stowe, and they
Cristina Lucchetti Ryan founded the New
live with their children in Montpelier.
Jersey chapter of the National Cervical Cancer Coalition to raise awareness and
Karen D. Stringer was promoted to
promote efforts to combat cervical cancer.
counsel at WilmerHale in Boston, Mass.,
To help raise awareness and raise funds, the
where she is in the investigations and
group toured Montclair, N.J., on the night
criminal litigation and antitrust and
UVA Lawyer • Spring • 2010
competition practice groups. Her practice
Palmer and his wife Beverly
focuses on government and internal
(Yale Law ’04) live in Santa Monica, Calif.,
investigations and securities matters.
with their wonderful two-year-old son
Tobin and new baby Emmett, born in late-March.
Sean Suder, a real Elliot A. Hallak is an associate with Fox
estate attorney in the
Rothschild in West Palm Beach, Fla., where
he focuses his practice on commercial
office of Keating
litigation, including banking litigation,
Muething & Klekamp,
contract disputes, fraud claims, collections,
is heading an effort to
Katie Bagley married John Glenn on
and commercial evictions. He was
gather local and
August 14, in Spokane, Wash. Jeremy
previously with Ruden McClosky.
regional support for
Thompson and Michi Ware ’04 were in
locating the U.S. Public Service Academy
attendance. Katie is an appellate attorney at
Kevin Alden Maxwell and Whitney Ann
in Cincinnati. The academy will be
the U.S. Department of Justice, Tax
Tatum were married on September 19
America’s first public service college
Division, handling appeals from criminal
at Peachtree Road United Methodist
devoted to developing civic leaders. Suder
tax prosecutions. The couple lives in
Church in Atlanta, Ga. Lance Stern,
is working with business and civic leaders
Jackie Schur, Lynne Rhode, and Janet
to identify possible 100–200 acre sites for
Van Cuyk attended. In March, Kevin and
the school. Other cities, including Kansas
Marcus D. Brown
Whitney relocated from Washington, D.C.,
City, Philadelphia, and Washington, D.C.,
to Atlanta, where Kevin joined the in-
are competing for selection as well.
Winstead as an
house legal department of Mueller Water
Suder practices in all aspects of real
associate in the firm’s
Products. He is principally responsible for
estate, land use, and zoning law. He has
the company’s SEC reporting work and
wide experience in negotiating retail,
securities and mergers and acquisitions
industrial, and office leases for clients and
group in Dallas, Tex.
transactions. Kevin was previously an
has assisted clients in taking projects from
associate for five-and-a-half years at
concept to construction.
Skadden, Arps, Slate, Meagher & Flom in
Andrew Thomas Foy was married to Kay Hill in Staunton, Va., on August 29. Foy
Billy Wynne is senior
is an associate with Fish & Richardson,
vice president and
where his practice focuses on intellectual
Dana P. Palmer has
principal at Health
property litigation, patents, and patent
been elected as chair of
Policy Source, Inc., a
litigation in the Washington, D.C., office.
the California State
health care consulting
Kay is an attorney in the Washington, D.C.,
firm that focuses on
office of Finnegan Henderson.
Law Section. His
policy, strategy, and
London, England, and Washington, D.C.
advocacy. While he
Joshua C. Johnson
began in September.
frequently commutes to D.C. for work,
and Kristin Braggins
Palmer, who was
Billy, his wife Christy, and their daughter,
managing editor of the Virginia
Eleanor (3), now live in Denver, Colo., and
their first child,
Environmental Law Journal from 2003 to
are enjoying the good life out West.
2004, is the most junior attorney to lead
on May 4, 2009. He
the 2,650-member section in its history.
weighed 6 lbs., 12 oz.,
His election means that he oversees
and was 19.75 inches long. They currently
activities that include MCLE programs, a
reside in Roanoke, Va.
committee that advises the California Legislature on technical aspects of pending environmental legislation, an annual student negotiations competition, and the publication of two newsletters.
64 | UVA Lawyer • Spring • 2010
continues to serve children in juvenile
several trials, and I love being in the
detention facilities and those suffering
courtroom. The pervasiveness of official
from mental illness.
misconduct is disheartening, though.”
in San Francisco, Calif. Bostick
James R. Lederer was honored at
U.S. Air Force Capt. Jamieson L. Greer
brings experience in environmental
the Sanctuary for Families Above &
deployed with the JAG Corps to Iraq
litigation and compliance matters,
Beyond Pro Bono Awards and Benefit in
from August 2009 to February 2010. He
including contaminated property under
November, where he was recognized for
served as the chief of military justice with
CERCLA and RCRA; food safety and
going “above and beyond” in providing
jurisdiction over all Air Force personnel in
chemical exposure; and pesticides and
outstanding pro bono representation and
Iraq and managed/prosecuted all Air Force
antimicrobials under FIFRA and FFDCA.
advocacy on behalf of victims of domestic
criminal cases. He also advised on criminal
Additionally, he has experience defending
violence. Sanctuary for Families is the
investigations with the International
individuals in civil and criminal securities
largest not-for-profit agency in New York
Contract Corruption Task Force. After
State dedicated solely to helping victims
returning to McConnell Air Force Base,
of trafficking and domestic violence
Kansas, for several months, he will be
Eben C. Hansel joined the Baltimore
and their children. Lederer is assistant
stationed at Incirlik Air Base, Turkey this
office of the law firm of Ballard Spahr.
general counsel at Diamondback Capital
Hansel is an associate in the real estate
Management in the firm’s Stamford,
department and a member of the real
Matthew Bostick joined Farella Braun + Martel’s environmental law department
estate development and real estate finance
groups. Hansel has a diverse practice
On June 20, Kelly Lynch ’08 married
focused primarily on commercial real
Trevor McFadden at The Falls Church in
Elizabeth Blase is an associate in the San
estate law and transactions, with additional
Falls Church, Va. In attendance were (from
Francisco office of Latham & Watkins,
experience in corporate transactions,
top to bottom in photo under 2008)
pursuing a career in renewable energy
bankruptcy, and litigation. His real estate
Maggie McPherson ’10, Collin
and corporate law. She also volunteers
practice covers all aspects of commercial
Dretsch ’07, Rachel and Greg Walker ’06,
as development director of a nonprofit
real estate law and transactions, including
Bethany ’08 and Alan Wong ’08, Prisca ’08
organization, Wokai (www.wokai.org), that
permitting, title, zoning and environmental
and Colin LeCroy ’09, Reed Smith ’08,
is dedicated to alleviating poverty in rural
issues, acquisitions and dispositions, site
Amy and Jeremy Graves ’07, Jon
China through microloans.
development and construction, project
Mureen ’07, Walt Walker ’08, Josh ’07 and
financing, loan workouts and acquisition
Lindsay Simmons ’07, Andrea Surratt ’08,
Michael Hollander’s article, “Gay Rights
of distressed assets, and leasing.
Millie (Grinstead) Goldsmith ’08, Laura
in Uganda: Seeking to Overturn Uganda’s
Hansel is a former associate in the
Holland ’08, James Baehr ’08, Dawn
Anti-Sodomy Laws,” recently appeared in
Boston office of Wilmer Cutler Pickering
Crowell ’08, Kyle Amborn ’08, Alexa
the 50th anniversary issue of the Virginia
Hale and Dorr.
Hahn ’08, Jessica and Stephen Ng ’06; and
Journal of International Law. Hollander
Laura and Tim Mattson ’05.
traveled to Uganda and wrote the original
Tiffany Marshall Graves and her work
paper as a student research project while
with underserved children in Mississippi
Read Mortimer has joined Mesa West
working in the Cowan Fellows Human
were featured in a recent article in
Capital as an associate on the originations
Rights Study Project at the Law School.
Mississippi Business Journal. Graves came
team. Mesa West Capital is a privately held,
to Mississippi as a UVA Law Powell
institutional commercial real estate lender
Devin (Donaghy) Huseby has been
Fellowship in Legal Services honoree,
based in Los Angeles, Calif.
selected for the honors attorney program
which enables a graduating student to
at the Oregon Department of Justice.
work in public interest law and to provide
John Sherman married Mary Hobson
The two-year program taps recent law
better legal service to the poor. She is an
Williams Sherman on April 18, 2009.
school graduates and judicial clerks with
associate with Watkins & Eager in Jackson,
an interest in public service. By working
where she handles corporate employer
in several areas within the Department of
issues including labor and employment,
product liability, and insurance defense. Through her pro bono work, Graves also
Justice, honors attorneys obtain a range of experience and often advance to leadership
Catherine Bernard is a public defender
positions. Huseby clerked with Judge Ancer
in a small town in rural Georgia. “It’s fantastic,” she writes. “I’ve already done
UVA Lawyer • Spring • 2010
L. Haggerty in the U.S. District court for
juvenile diversion program for middle
Adelaida M. Hernandez
the District of Oregon after being admitted
schoolers run by the Palm Beach County
has joined Jones Walker
to the Oregon State Bar in 2008.
School District’s police department. As a
in the Baton Rouge,
youth court attorney, Arsali tried a number
La., office, where she is
of cases before Judge Brown as both
an associate in the
defense counsel and as prosecuting
corporate and securities
attorney, and in doing so found his career
path. Arsali is an associate with Boies, Kelly A. Koeninger has
Schiller and Flexner in Fort Lauderdale.
joined Robinson, Filipe de Aguiar Vasconcelos Carneiro LL.M.
Bradshaw & Hinson as
recently joined Machado, Meyer, Sendacz
an associate in
e Opice Advogados in Sao Paulo, Brazil.
He is involved in infrastructure projects aimed to fulfill the projected demand of hosting the Soccer World Cup in 2014, the Olympic Games in 2016, and the demands brought on by the discovery of Brazil’s offshore oil and gas reserves. MMSO is On June 20, Kelly Lynch ’08 married
one of the largest Brazilian law firms,
Trevor McFadden at The Falls Church in
with six offices in Brazil and one in New
Falls Church, Va. In attendance were (from
York City. The firm is highly regarded
top to bottom) Maggie McPherson ’10,
for its corporate, administrative law, and
Collin Dretsch ’07, Rachel and Greg
Walker ’06, Bethany ’08 and Alan Wong ’08, Prisca ’08 and Colin LeCroy ’09, Reed
James R. Cass has
Bryan Starrett and his wife, Lauren, are
Smith ’08, Amy and Jeremy Graves ’07,
happy to announce the birth of their
Jon Mureen ’07, Walt Walker ’08, Josh ’07
Bradshaw & Hinson as
daughter, Caroline Trathen, 7 lbs. and 20.5
and Lindsay Simmons ’07, Andrea Surratt
an associate in
inches, on October 5.
’08, Millie (Grinstead) Goldsmith ’08,
Laura Holland ’08, James Baehr ’08,
Joseph Warden has
Dawn Crowell ’08, Kyle Amborn ’08,
joined Fish &
Alexa Hahn ’08, Jessica and Stephen Ng
Richardson as an
’06; and Laura and Tim Mattson ’05.
Lewis C. Foster III has
associate in the
Bradshaw & Hinson as
group in the firm’s
an associate in
Wilmington, Del., office, where he will
focus his practice on intellectual property litigation and chancery and corporate governance. Christopher Frankenfield received the 2009 Sidney M. Perlstadt Memorial Award for his paper entitled “The Relationship Between ERISA, State and Local Health Care Experimentation, and the Need Anthony Arash Arsali was sworn in as a
for National Health Care Reform.” The
member of the Florida bar by Circuit Judge
award, presented in Washington, D.C., in
Lucy Chernow Brown. The ceremony had
November, was granted by the American
special meaning for Judge Brown and
College of Employee Benefits Counsel in
Arsali, who have known each other since
its fifth annual employee benefits writing
Arsali volunteered as a trial attorney in a
66 | UVA Lawyer • Spring • 2010
In Memoriam Jerome P. Carr, II ’34 September 6, 2009 Portsmouth, Va.
William H. Diamond ’48 December 13, 2009 Reading, Mass.
Catesby G. Jones, Jr. ’51 December 10, 2009 Gloucester, Va.
Charles T. Hagan, Jr. ’36 October 16, 2009 Greensboro, N.C.
Gordon T. Kinder, Jr. ’48 December 17, 2009 Naples, Fla.
Montie S. Meeks ’51 February 1, 2010 Virginia Beach, Va.
David S. Henkel ’36 September 7, 2009 Palm City, Fla.
Edgar Lockwood ’48 October 10, 2009 Durham, N.C.
James John Ryan ’51 September 9, 2009 Pasadena, Calif.
Randolph A. Brown ’37 December 18, 2009 Louisville, Ky.
James B. McCluskey ’48 February 12, 2010 Wheeling, W.Va.
James C. Slaughter ’51 December 15, 2009 New York, N.Y.
Lindsey Cabell Claiborne ’38 September 12, 2009 La Jolla, Calif.
Clayton B. Tasker ’48 January 17, 2010 Saint Simons Island, Ga.
Stephen E. Gordy ’52 October 27, 2006 Dalton, Ga.
Frank A. O’Brien, Jr. ’38 October 26, 2009 Wheeling, W.Va.
George Warren ’48 January 12, 2010 Bristol, Va.
Robert Ussery ’52 December 25, 2009 Tallahassee, Fla.
John Forsyth Cobb Glenn, Sr. ’40 October 9, 2009 Richmond, Va.
Alexander S. Lacy ’49 February 4, 2010 Birmingham, Ala.
Charles Russell Cravens, Jr. ’53 May 21, 2009 Southlake, Tex.
Louis Auchincloss ’41 January 26, 2010 New York, N.Y.
Charles R. Burke ’50 February 15, 2010 Verona, Pa.
Robert M. McAnerney ’53 February 11, 2010 Naples, Fla.
Harry E. Dinwiddie, Jr. ’41 October 30, 2009 Minneapolis, Minn.
William Erickson ’50 January 13, 2010 Englewood, Colo.
Robert W. Wakefield ’54 February 4, 2010 Delray Beach, Fla.
Robert M. Richardson ’41 October 19, 2009 Bluefield, W.Va.
Riccardo Gori-Montanelli ’50 November 23, 2009 New York, N.Y.
William O. Marshall ’55 October 25, 2009 Bristol, Va.
William C. Wheatley, Jr. ’43 November 4, 2009 Spartanburg, S.C.
Samuel Carter Farmer, III ’50 February 25, 2010 Richmond, Va.
Thomas P. Harwood ’56 September 27, 2009 Fort Lauderdale, Fla.
Kenneth M. Beaver ’44 August 29, 2009 Providence, R.I.
John I. Heise, Jr. ’50 October 5, 2009 West Bethesda, Md.
Fred R. Slade ’56 January 31, 2009 Chesapeake, Va.
Charles T. Herndon, III ’47 January 23, 2010 Johnson City, Tenn.
James C. Paine ’50 March 7, 2010 Palm Beach, Fla.
Stephen Barclay Wilson ’56 January 17, 2010 Buena Vista, Va.
Carl Rogge Jr. ’47 November 25, 2009 New York, N.Y.
Carroll F. Poole ’50 October 15, 2009 Hockessin, Del.
John S. Ellett ’57 December 22, 2009 Charlottesville, Va.
Lucien Wulsin ’47 August 23, 2009 Santa Monica, Calif.
Herbert Hoffman ’51 February 2, 2010 San Diego, Calif.
Rutherford C. Lake, Jr. ’57 January 20, 2010 Anchorage, Ky.
UVA Lawyer • Spring • 2010
George Peter Vlassis ’57 December 2, 2009 Safford, Ariz.
Leo Carl Wilkerson ’65 January 24, 2010 Winston Salem, N.C.
Lora A. Dunlap ’81 January 27, 2010 Orlando, Fla.
Elton Eugene Gunter ’58 October 18, 2009 Winchester, Va.
John W. McNeill, III ’66 December 31, 2009 Maysville, Ky.
Cynthia C. Weglicki ’81 December 29, 2009 Washington, D.C.
Ralph Landrum, Jr. ’58 August 8, 2009 Reading, Pa.
Stephen McNamara ’67 December 28, 2009 Gaithersburg, Md.
Bruce D. Rigelman ’84 February 24, 2010 Pickerington, Ohio
James H. Beck ’59 February 9, 2009 Struthers, Ohio
Howard C. Buschman, Jr. ‘69 March 5, 2009 Newark, NJ
Agnes Marie Hyde ’85 November 18, 2009 Charlottesville, Va.
John W. Goemans ’59 June 15, 2009 Kamuela, Hawaii
David Charles Dickey ’70 November 24, 2009 Charlottesville, Va.
Bob L. Abbott LL.M. ’86 March 23, 2010 Wichita, Kans.
Rush W. Taylor ’59 March 7, 2010 Arlington, Va.
Ernest Alexander Flynn ’73 September 21, 2009 Charlottesville, Va.
Paul F. Baker ’91 December 26, 2009 Washington, D.C.
Z. Taylor Vinson ’61 October 25, 2009 Alexandria, Va.
Raymond V. Ford, Jr. ’76 December 31, 2009 Water Mill, N.Y.
Paul Coulter Gartzke ’92 September 25, 2009 Middleton, Wisc.
John Wallace Tallman ’62 October 11, 2009 Lookout Mountain, Tenn.
Linwood G. Lawrence, III ’77 March 26, 2009 Fort Wayne, Ind.
Dick R. Schlegel LL.M. ’92 March 1, 2010 Ottumwa, Iowa
Richard D. Siegal ’63 February 9, 2010 Atlantic Beach, New York
Iris Shaw ’78 October 9, 2009 Pasadena, Calif.
Gene Franchini LL.M. ’95 November 4, 2009 Albuquerque, N. Mex.
Frank Cowles, Jr. ’64 January 15, 2010 Arlington, Va.
E. Randolph Tucker ’79 February 17, 2010 Newton Highlands, Mass.
Eric A. Reitman ’06 December 8, 2009 Wellington, New Zealand
William H. Vaughn ’64 December 9, 2009 Dover, Del.
Steven T. Sun ’80 September 11, 2009 Los Angeles, Calif.
68 | UVA Lawyer • Spring • 2010
In Print Non-Fiction
The Law of Electronic Signatures and Records
An Interested Life
Jeremiah S. Buckley ’69, John P. Kromer ’93,
Introduction to Mortgage Lending
Margo H. K. Tank, and David Whitaker
Jeremiah S. Buckley ’69 and
Andrea Lee Negroni American Bankers Association
Earl C. Dudley Jr. ’67 In this fascinating memoir, Earl Dudley reflects on the first 67 years of his life.
The Electronic Signatures and Records
He was born in Manila in 1941
Act (ESRA) states that “signatures” made by
as WWII raged through Europe. On
electronic means will be as legally binding
December 7, 1941, just before the attack
mortgage industry, mortgage loans remain
as handwritten signatures have always been.
on Pearl Harbor, he and his mother were
one of the most important products
The Law of Electronic Signatures and Records
seriously injured when the Japanese
offered by banks in the United States.
explains the impact of, and the liability
bombed the Philippines. Dudley, not
associated with, electronic signatures and
quite a year old, probably would have died
electronic records laws.
had it not been for a nurse who revived
Despite the current upheaval in the
Introduction to Mortgage Lending, now in its third edition, provides a wealth of information for loan officers,
The authors summarize the legal
him by soaking some gauze in whiskey,
requirements involved in the Electronic
dabbing it in sugar,
Signatures and Records Act, UETA, and
and putting it in his
various state regulations that have made
the operating and legal landscapes very
later, Dudley learned
they can help
about his near-death
Buckley is general counsel of the
experience in a
Electronic Signatures and Records
book about military
With a record of
Association, and counsels leading financial
and technology firms on emerging laws
For three years
banks stand to increase their business in
affecting the electronic delivery of financial
he and his parents
mortgage lending. Introduction to Mortgage
services. He played a leading role in
were held in a Japanese internment camp.
Lending covers a wide range of topics,
negotiations that led to enactment of the
One of his first memories was looking up
including real estate and mortgage law, the
E-Sign Act and has served as counsel to
to see waves of U.S. Army paratroopers
secondary mortgage market, appraisals,
the Drafting Committee for Standards
coming to rescue his family and 2,000
and mortgage fraud detection and
and Procedures for
other prisoners in the largest successful
hostage rescue in military history.
Throughout An Interested Life the author
Co-author Buckley is partner and co-chair of BuckleySandler in Washington,
Kromer is co-
recounts the story of his life against the
D.C. He focuses his practice on counseling
managing partner of
backdrop of key events in history, weaving
in the area of financial services,
these strands together in a compelling way.
assisting clients with strategic advice on
Washington, D.C. He
He’s a survivor, engaged in the world, and
business formation and acquisition, risk
is also the chair of the
you want to know where he’s going.
management, and matters concerning
Housing Finance and
Dudley was in ninth grade in Virginia
enforcement of regulations. To order the
RESPA Subcommittee of the Consumer
in 1954 when the Supreme Court handed
book, visit http://www.aba.com/Products/
Financial Services Committee of the
down its decision in Brown v. Board of
Business Law Section of the American Bar
Education. The Court’s decision seemed
Association and serves on the Advisory
“clear and right” to him. When his civics
Council of the American Association of
teacher announced a debate on the
Residential Mortgage Regulators.
decision, he was the one who volunteered right away to take the side of the Court.
UVA Lawyer • Spring • 2010
A decade later, as he entered UVA Law, he knew that most of his friends hadn’t enjoyed the experience of law
the complex requirements for these tax
Menefee’s captions for the cards include interesting bits of information
benefits. A Tax Guide to Conservation
(the serpentine walls enclosing UVA’s
school. Dean Hardy Cross Dillard
Easements is the first comprehensive
gardens were Jefferson’s adaptation of
welcomed incoming students with
guide on the subject. The book offers
English “crinkle-crankle walls.”). Messages
stirring words, but as Dudley writes, “I
clear explanation of the requirements of
taken from the back of the cards add an
kept my skeptical eye on that damned
the federal tax code and related matters,
interesting dimension to the time-capsule
Property course.” He was delighted to
including the rules
find that his years in law school were even
that apply to the
more engaging and more intellectually
operation of tax-
amateur historians and deltiologists
stimulating than his years at Amherst.
(postcard collectors) alike, with a brief
He thoroughly enjoyed the rigor of legal
such as land trusts.
general history of postcards, a description
analysis. Ironically, one of his favorite
of the Charlottesville-Albemarle region,
courses turned out to be Property, taught
a chapter on photographers, including
by a professor whose “lightning-fast mind
and anyone else who
Rufus Holsinger and other lesser-known
illuminated the kaleidoscopic quality of
deals with or has an
lensmen, and a value for each card.
legal concepts.” Dudley started writing for the Virginia Law Review at a time when it was
interest in the growing trend of easements will find this book invaluable. Lindstrom serves as legal counsel to
effect. This book is a great resource for
Greetings from Charlottesville, Virginia, and Albemarle County will inspire visitors and those lucky enough to live in
running so far behind in its deadlines that
easement donors and land trusts in the U.S.
the area to take a closer look at this unique
the publication itself was in jeopardy. He
and specializes in federal tax laws pertaining
corner of the world.
and nine other students worked 80-hour
to conservation easements and land trusts.
weeks to bring it back on schedule, where,
A frequent lecturer on this topic, he has had
County Historical Society and has a keen
he notes, it has remained ever since.
a key role in creating statutory incentives
interest in the history of the region.
He describes the invaluable
Menefee is a member of the Albemarle
for voluntary land conservation.
experience of clerking for Chief Justice
some of the fascinating and complex
One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States
cases he handled involving the United
James E. Pfander ’82
Mine Workers, Scientology, and court-
Oxford University Press
Earl Warren, who left the writing of opinions largely to Dudley, and he details
ordered medical procedures, just to name
Despite over 200 years of experience
a few, while practicing law with top firms
with constitutional government, much
remains unclear about the power of the
After resigning from private practice
political branches to curtail or redefine
in 1989, Dudley returned to Charlottesville to teach at the Law School, where he is now professor emeritus.
the judicial power of the United States.
Greetings from Charlottesville, Virginia and Albemarle County
Uncertainty persists about the basis on
Samuel P. Menefee LL.M. ’82 , S.J.D. ’90
federal agencies may
hear federal claims and
which state courts and
A Tax Guide to Conservation Easements
Picture postcards can reveal a lot about
the degree to which
local history — they are windows to the past
federal courts must
C. Timothy Lindstrom ’72
that show how buildings, the landscape, and
review their decisions.
everyday life change over time. Greetings
from Charlottesville, Virginia, and Albemarle
these questions from
1,500 land trusts have been permanently
County features 192 postcard views
a range of vantage
protected by conservation easements
selected by the author to give a different
points and have arrived at widely varying
in the U.S. Most land trusts depend on
and delightful perspective on familiar
conclusions about the relationship between
the substantial income or real estate tax
places. Included in the collection are views
congressional and judicial power.
benefits allowed by the federal tax code as
of Monticello, Ash Lawn, monuments,
incentives, but few landowners, advisers,
UVA Grounds, hospitals, schools, and even
analysis, and relying upon a new account
or government officials fully understand
motels that have made the area unique.
of the Court’s supremacy in relation to
Millions of acres of land in more than
70 | UVA Lawyer • Spring • 2010
Deploying familiar forms of legal
lower courts and tribunals, James Pfander
control of such state conduct and puts
advances a departmental conception of
forward a legal framework in which to
the judiciary. He argues that Congress
understand state commercial activity. It is a
can enlist the state courts, lower federal
study of constitutional law and commercial
Wellspring of Liberty How Virginia’s Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty
courts, and administrative agencies to hear
law, which attempts to develop an
John A. Ragosta ’84
federal claims in the first instance, but all
understanding of a peculiar social practice
Oxford University Press
of these tribunals must operate within a
within a particular legal framework.
hierarchical framework over which the
This is a book on methodology,
Before the American Revolution, no colony more assiduously protected
“one supreme Court” identified in the
not a book on the nuts and bolts of
its established church or more severely
Constitution exercises ultimate supervisory
state commercial activity or public
persecuted religious dissenters than
authority. In offering the first general
procurement regulation. Its premise is
Virginia. Both its politics and religion were
account of the Court as department
that by focusing on the courts’ approach
dominated by an Anglican establishment,
head, Pfander takes up such important
to state commercial activity one can
and dissenters from the established Church
debates in the federal courts’ literature
develop a theoretical understanding of
of England were subject to numerous
as Congress’s power to strip the federal
the conceptualization of state commercial
legal infirmities and serious persecution.
courts of jurisdiction to review state court
conduct in law. The book primarily deals
By 1786, no state more fully protected
decisions, its authority to assign decision-
with South African law, but it also contains
making authority to state courts and
comparative perspectives from English,
non-Article III tribunals, its control over
German, and French law. It includes
the doctrine of vertical stare decisis, and
chapters dealing in detail with the court’s
John A. Ragosta
its ability to craft rules of practice for the
role as regulator of state commercial
shows in this book,
conduct, the capacity of the state to
arose not from a
engage in commercial transactions, and
Northwestern University School of Law.
various ways the courts can exercise their
Since 1998 he has served as a consultant to
regulatory function in this regard.
as the Revolution
Pfander is a Professor of Law at
the Federal-State Jurisdiction Committee
of the Judicial Conference of the United
concludes with an
Virginia’s political establishment needed
States, in which capacity he considers
analysis of alternative
the support of the religious dissenters,
the impact of proposed legislation on
methods in terms of
primarily Presbyterians and Baptists, for
the jurisdiction of the federal courts. A
which South African
the mobilization effort. Dissenters seized
member of the American Law Institute, he
courts can approach
this opportunity to insist on freedom of
has chaired both the Federal Courts and
religion in return for their mobilization.
Civil Procedure Sections of the Association
function in this field
Their demands led to a complex and
of American Law Schools.
with particular focus
extended negotiation in which the religious
on the transformative agenda of the South
establishment slowly and grudgingly
African Constitution. Peer reviewers give
offered just enough reforms to maintain
State Commercial Activity: A Legal Framework
high praise to the author: “[This book]
the crucial support of the dissenters.
Geo Quinot LL.M. ’02
African law. It contains extensive local
support was no longer needed, the
Juta & Co
as well as comparative research, which
establishment leaders sought to recapture
enhances its value, and is thorough in its
control, but found they had seriously
miscalculated: wartime negotiations
In South Africa there are many legal rules that can apply to state conduct in the marketplace, but there isn’t a coherent view
breaks new ground in South African and
Quinot is an Associate Professor
After the war, when dissenters’
had politicized the dissenters. As a result
of the legal concept of state commercial
in the Department of Public Law at
dissenters’ demands for the separation
activity. Without a clear picture of how
Stellenbosch University Law Faculty, South
of church and state triumphed over the
state commercial activity should be
Africa, where he teaches in the areas of
establishment’s efforts and Jefferson’s
conducted, legal regulation is extremely
administrative law, constitutional law, and
Statute for Establishing Religious Freedom
public procurement regulation. He is also
State Commercial Activity: A Legal Framework analyses the state’s conduct
the author of Administrative Law Cases and Materials (2008).
Historians and the Supreme Court have repeatedly noted that the foundation
as a market participant from a legal
of the First Amendment’s protection of
perspective. It focuses on the judicial
religious liberty lies in Virginia’s struggle,
UVA Lawyer • Spring • 2010
turning primarily to Jefferson and
Kathy Robb’s essay, “On the Heads of
Endangered Species Act, the Natural
Madison to understand this. In Wellspring
Women,” addresses the myriad challenges
Environmental Policy Act, water-related
of Liberty, Ragosta argues that Virginia’s
surrounding the daily quest for water for
Superfund sites, and more. She founded
religious dissenters played a seminal, and
so many of the world’s citizens — mostly
and directs the Water Policy Institute,
previously underappreciated, role in the
the women in the household. “Fetching
which seeks innovative, sustainable
development of the First Amendment and
water far from home can also be more
solutions to water supply and quality
in the meaning of religious freedom as we
immediately dangerous. Traveling out of
issues. She is co-founder and chair of the
understand it today.
their communities across comparatively
Women’s Network for a Sustainable Future.
Ragosta is an instructor at the Law
long distances on foot, women and girls
School and received his Ph.D. in history
face the threat of
from the University of Virginia.
sexual attack. … spending 60 percent
The Winning Delegate: An Insider’s Guide to Model United Nations
or more of each day
Kerem Turunc ’05
Written in Water: A Message for the Future
providing water leaves
Edited by Irena Salina,
United Nations has improved lives in many
Essay by Kathy Robb’80
Robb. Delivering fresh
ways within its member nations, which
water isn’t as simple
now number 192. Though often criticized
little time for other
Ever since it was founded in 1945, the
as installing an irrigation system. “For
for its lack of effectiveness, the UN
Future comprises a collection of essays
example, establishing a water source on a
accomplishes more than any nation could
authored by heroes and leaders in the field
main road close to home may address the
on its own, particularly in working toward
of water solutions and innovations —
issues of long-distance travel to obtain water
peaceful resolution of conflict.
a broad range of people from varied
and free women to pursue education and
disciplines who have contributed their
income-producing work, but the location in
the actual United Nations that gives middle
hearts and minds to bringing awareness
public place may have other issues that are
school, high school, and college students
to and conserving Earth’s freshwater
not addressed and that are crucial for these
an excellent opportunity to act out roles
supply. In their own words, authors tell of
women, such as safety and modesty.”
of diplomacy. At Model UN conferences
Written in Water: A Message for the
such tragedies as water slavery, drought,
Robb, a partner with Hunton
Model UN (MUN) is a simulation of
throughout the world, students represent
or contamination, as well as their own
& Williams in New York, focuses on
their countries, playing the roles of
professional struggles and successes in
environmental law. She works on water
diplomats, judges, and representatives.
pursuit of freshwater solutions.
issues under the Clean Water Act, the
American sex trafficking,
York City is front and center in the story. She
features three federal mansions that have had
industry that started
real connections to high-profile murders of
hundreds of years ago
the period, and the grit and charm of the city
Linda Fairstein ’72
with the African slave
comes through on every page.
trade. The police are also
Of Hell Gate, Kirkus Reviews says,
investigating the case
“Thrills, gossip, sex, history, self-righteous
most recent addition to her bestselling
of Congressman Ethan
indignation and hints of parallels to
Alexandra Cooper series, the author deals
Leighton, a promising politician who fled
the contemporary rich and famous, all
with two hot and straight-from-the-
the scene of a car accident to cover up an
whipped to a fine frenzy. Fairstein’s most
headlines subjects — human trafficking
potent cocktail since Entombed.”
In Linda Fairstein’s twelfth and
and political scandals.
As the thrilling tale unfolds, Alex
The author served as chief of the Sex
discovers that a woman in the wreck is
Crimes Unit of the Manhattan District
illegal immigrants including 30 women
somehow linked to the political sex scandal
Attorney’s Office for more than 20 years
runs aground on Rockaway Beach in
involving the Congressman, and suddenly
and is one of the world’s leading experts on
Queens, Assistant District Attorney Alex
the political underworld of New York City
sexual assault and domestic violence. She
Cooper is called to the scene. The women,
is revealed as a dark and foreboding realm.
lives in Manhattan and Martha’s Vineyard.
When a rusty freighter loaded with
it turns out, had been kidnapped for
72 | UVA Lawyer • Spring • 2010
As in Fairstein’s other novels, New
Her website is lindafairstein.com.
It’s an educational experience that’s
to debate and deliver speeches, and how to
Both are part of a series that explores
challenging and fun.
write a resolution.
four major aspects of the Catholic faith:
Kerem Turunc draws upon a wealth
“To this day,” writes Turunc in the
of experience in his book. He co-founded
preface to The Winning Delegate, “I still
of Christian mysteries, life in Christ, and
and headed his high school model UN team
use the skills I developed or improved
in Turkey, and he was Secretary-General of
thanks to Model UN, skills such as public
the Yale Model UN, the largest on-campus
speaking, negotiation, and research.” He
important book for anyone who wants to
Model UN conference for high school
currently practices law in London.
better understand the roots and meaning clear account of the seven sacraments is
Delegate he presents
plenty of tips for even
The Sacraments We Celebrate: A Catholic Guide to the Seven Mysteries of Faith
Peter J. Vaghi ’74
to improve their skills.
Ave Maria Press
for beginners and
The Sacraments We Celebrate is an
of the Catholic faith. “Msgr. Peter Vaghi’s
students in North America. In The Winning the background needed
the profession of faith, the celebration
Monsignor Peter Vaghi’s newest
doctrinally sound, pastorally perceptive, and spiritually insightful,” notes one reviewer. Vaghi is pastor of the Church of the Little Flower
includes a succinct
book explores the seven sacraments of
in Bethesda, Md.,
description of how
the Catholic faith and delves into their
and a priest in the
the real United Nations works and how
history, their foundation in scripture, and
the Model UN works. Some things are
their symbolic meaning. He reflects on the
radically different, the author notes: A
writings of Benedict XVI and John Paul
complex issue that might be debated
II, the Catechism of the Catholic Church,
his seminary studies and remains a
for months in the UN gets tackled in a
and his own perspective as a Catholic
member of the Virginia State Bar and the
weekend with Model UN, and debate in a
priest. “Our faith, often unknowingly, acts
District of Columbia Bar. He is chaplain
Model UN is usually more heated than that
as a lens through which we see the world,
of the John Carroll Society, a group of
in the real organization.
embrace the world, critique the world, and
professionals and businessmen and women
make efforts to live in a world that can be
that serve the Archbishop of Washington,
very challenging,” he writes.
and participates in an annual Red Mass
Turunc covers how to prepare for a role, including researching, writing papers, and working with a group. He lays out the
The Sacraments We Celebrate follows
practiced law before
celebrated for judges, attorneys, and others involved in legal professions.
rules of procedure and how they work,
Vaghi’s first book, The Faith We Profess: A
how to choose a conference to attend, how
Catholic Guide to the Apostle’s Creed (2008).
challenging conflicts to hammer out within
without a watch, but experienced runners
Edward R. Koch ’80
the team, and a lot of hard work to be done
can often sense it. Moments after crossing the
Dog Ear Publishing
on the track. Do they have what it takes to
finish line, Ted’s hunch was verified as Coach
pull everything together before the meet?
Mallory read 64.6 from his stopwatch, an
In this novel for young adults, the boys’ track & field team at Green Ridge
The author, an experienced track
High School is aiming to defend the title
& field athlete, coach, and official, gives
they won in the state championship last
readers a sense of what it’s like to compete,
improvement of two-tenths of a second. Koch competed for championship
year, but most of
mind and body, to be the best. His
teams in high school and college. He has
the star athletes
clear, spare prose conveys unmistakable
officiated at all levels of the sport, from the
have graduated. In
1996 Olympic Games to local youth events sponsored by the New Jersey Striders, a
the wake of their departure, the team
Coming down the final meters, Ted thought
track & field club that he co-founded. He
is in the position of
the group was a shade quicker than the
decided to write Relay years ago when he
previous interval. Running the lap at about a
realized that though a lot had been written
The coach, Bill
sixty-five second pace meant that a tenth of
about other sports, very little fiction had
Mallory, is confident
a second equaled only a difference of about
been written about track & field. For more
that the team can compete with archrival
a couple of feet. An observer might think it
information, and to order the book, see
Riverside High, but there will be some
difficult to determine such small gradations
UVA Lawyer • Spring • 2010
Opinion National Security Law at Virginia John Norton Moore Walter L. Brown Professor of Law & Director, the Center for National Security Law The University of Virginia School of Law
t is particularly fitting for the UVA Lawyer to feature the important work of Virginia Law alumni in the field of national security law. For not only is national security law of core importance to the nation in the aftermath of the 9/11 attacks, but this comparatively new field originated at the Law School. The Law School encouraged my teaching the first course in National Security Law and establishing (with Robert F. Turner ’81 while he was a student) the first National Security Law Center. National Security Law is an intermestic field in that it combines international law and national law, as well as international relations theory, into a synergistic new field. The new field blends traditional jus ad bellum and jus in bello from international law, intelligence law and first and fourth amendment issues from national law, arms control, counter-terrorism, and a cross-section of insights from international relations theory, as well as newer areas such as homeland security and cyber-security. Virginia also runs the world’s top international training program in its summer National Security Workshop. When the FBI set up its new National Security Law Division in the aftermath of the 9/11 attacks, it sent many of their new associates to the workshop. Similarly, in 2003, the newlyestablished Department of Homeland Security called on the workshop to train its new associates. Indeed, nations all over the world have discovered Virginia’s National Security Workshop; it now routinely trains government officials from Canada, Mexico, Australia, and other nations. I was honored to chair the American Bar Association Standing Committee on National Security Law for four terms after implementing the transition from an earlier ABA Standing Committee which had been set up by Lewis Powell. Subsequently, Turner also chaired this ABA Standing Committee. Virginia professors and graduates also prepared the first real casebook in national security law, now in its second edition, along with its unique document supplement found on the shelves of all of the national security government agencies.
74 | UVA Lawyer • Spring • 2010
When President Ronald Reagan set up the new United States Institute of Peace (USIP), focused on issues of war and peace, Turner and I served as its first chairman and its first president. Moreover, rooted in my work in national security law at Virginia and my work as the first chairman of the board of the USIP, I offered a new theory of international relations, particularly focused on the origins and control of war, called Incentive Theory. Incentive Theory is taught at Virginia along with the principal IR theories of Idealism, Neo-realism, Institutionalism and Constructivism. Many believe that it offers better predictive and explanatory understanding than the traditional theories. Today the nation’s major law schools teach national security law and it enjoys its own section of the Association of American Law Schools. Not surprisingly, other major law schools, such as Georgetown and Duke, have now set up parallel National Security Law Centers with the Law School’s assistance. Virginia retains unique advantages in this new field, including the presence of the Judge Advocate General School of the Army adjacent to the Law School, now with classes in both schools open to students in each. And, of course, Virginia has a tradition of excellence in international law going back to the recommendation by Thomas Jefferson that the “law of nations,” as international law was then called, should be a core offering in the study of law. As but one example of Virginia’s continuing robust focus on international law, Virginia has had more Counselors on International Law to the Department of State drawn from its law faculty than have been drawn from any other school in the United States. Because of the depth and breath of its program, the Law School continues to attract students who go on to be among the top national security experts in the government, as is illustrated by the superb alumni who are the focus of this issue.
The international border cuts through the Tohono Oâ€™Odham Indian Community near Sells, Ariz. Mexico is to the left in this photograph. (AP Photo/Matt York)
Upcoming Alumni Events June 10
Kansas City Reception
Luncheon at the Renaissance Mayflower
Reception at the Mission Hills
September 24â€“25 Volunteers Weekend
New York City Reception NYC-area young alumni reception at the Public House
Washington, D.C., Reception Reception at the offices of King & Spalding
Alumni volunteers return to Charlottesville October 6
Roanoke Reception Reception at the Shenandoah Club
Reception at The Berkeley Hotel
Charleston Reception Reception at the Charleston Place Hotel
Nonprofit Organization US Postage
University of Virginia
Law School Foundation
Permit No. 248 Charlottesville, VA
580 Massie Road Charlottesville, Virginia 22903 www.law.virginia.edu/alumni