ton and Lee School of Law Mag ashing azine W e Th W i n t e r 2 012
Prepared to Practice? Alumni weigh in on the third-year curriculum
Meet the New Law Dean Nora V. Demleitner Historic Boundaries Protecting the Wilderness Battlefield Defense Sports Law Practice with Gene Marsh â€™81L and William King â€™86
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2 General Stats By the numbers.
3 Law President’s Message The importance of alumni mentoring.
Announcing our new dean, why W&L, community service, solar power and faculty accomplishments.
22 Class Notes
Alumni news and profiles.
12 Historic Boundaries
Catharine Gilliam ’82L helps preserve land next to a Civil War battlefield from commercial development.
—> By A my B a l f o u r ’ 8 9 , ’ 9 3 L
14 Prepared to Practice? The Third-Year Program is in full swing.
—> By P e t e J e t to n
Gene Marsh ’81L and William King ’86 have built up a formidable sports-law practice at Lightfoot, Franklin & White.
—> By J a k e Tr ot t e r ’ 0 4
Christina Rogers ’14L in the reading room of the library. Photo by Patrick Hinely ’73 Cover photo by Patrick Hinely ’73
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95.8 330 36 55 The bar passage rate in Virginia for the Class of 2011 was 95.8 percent, the best in the state out of any law school.
W&L has installed solar panels on two locations on campus: the parking garage and the roof of Lewis Hall. Comprising 1,032 high-efficiency photovoltaic panels manufactured by the SunPower Corp., the system on the Law School will generate approximately 330 kilowatts. The total system output could power 44 homes. See the full story on page 4.
Need a little stress relief? During reading days, 36 firstand second-year students took advantage of free massages to help them relax before exams.
The entering class of 2014 is 55 percent female, the highest in the Law School’s history.
© Washington and Lee University
Volume 12 No. 1 Winter 2012
Louise Uffelman ED ITO R
Jennifer Utterback CL A S S N OTE S ED ITO R
Patrick Hinely ’73, Kevin Remington U N I VER S IT Y PH OTO G R APH ER S
Laurie Lipscomb, Denise Watts, Mary Woodson G R APH I C D E S I G N ER S
Bart Morris, Morris Design ART D I R EC TO R
Published by Washington and Lee University, Lexington, Va. 24450. All communications and POD Forms 3579 should be sent to Washington and Lee, Law Alumni Magazine, 7 Courthouse Square, Lexington Va. 24450-2519. Periodicals postage paid at Norfolk, Va.
University Advancement Jeffery G. Hanna EXECUTIVE DIRECTOR OF COMMUNICATIONS AND PUBLIC AFFAIRS
Elizabeth Outland Branner DIRECTOR OF LAW SCHOOL ADVANCEMENT
Peter Jetton DIRECTOR OF COMMUNICATIONS FOR THE SCHOOL OF LAW
Julie A. Campbell ASSOCIATE DIRECTOR OF COMMUNICATIONS AND PUBLIC AFFAIRS
L AW AL U M N I A S S O CIATI O N
James J. Ferguson Jr. ’88L President (Dallas)
T. Hal Clarke Jr. ’73, ’76L Vice President (Charlotte, N.C.)
Stacy Gould Van Goor ’95L Immediate Past President (San Diego)
Darlene Moore Executive Secretary (Lexington)
WASHINGTON AND LEE UNIVERSITY
SCHOOL OF LAW Lexington, Virginia
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L AW CO U N CI L E M ER ITI Peter Baumgaertner ’83, ’86L (New York City) J. I. Vance Berry Jr. ’79L (Jacksonville, Fla.) Walter J. Borda ’67, ’71L (Novi, Mich.) Matthew J. Calvert ’75, ’79L (Atlanta) Albert V. Carr Jr. ’71L (Lexington) Michael Cohen ’90L (Washington) Thomas E. Evans ’91L (Bentonville, Ark.) Thomas J. Gearen ’82L (Kalamazoo, Mich.) Shawn George ’81L (Charleston, W.Va.) Diana L. Grimes ’07L (Des Moines, Iowa) Thomas B. Henson ’80L (Charlotte, N.C.) The Hon. Mary Miller Johnston ’84L (Wilmington, Del.) Nicholas J. Kaiser ’83L (New York City) Chong J. Kim ’92L (Atlanta) A. Carter Magee Jr. ’79L (Roanoke) The Hon. Everett A. Martin Jr. ’74, ’77L (Norfolk, Va.) Andrew J. Olmen ’96, ’01L (Arlington, Va.) Richard Smith ’98L (Washington) W. Hildebrandt Surgner, Jr. ’87, ’94L (Richmond) Andrea K. Wahlquist ’95L (New York City)
Write By Mail:
Elizabeth Outland Branner Director of Law School Advancement Sydney Lewis Hall Washington and Lee University School of Law Lexington, VA 24450
(540) 458-8191 All letters should be signed and include the author’s name, address and daytime phone number. Letters selected for publication may be edited for length, content and style. Signed articles reflect the views of their authors and not necessarily those of the editors or the University.
Wanted: Alumni Career Mentors
The Law Lawn at Lewis Hall is hallowed ground. Since the great move from Tucker Hall in 1976, the Law Lawn has been home to, among other events, the Law School Football League (LSFL) games, the Dean’s Cup Softball Tournament, innumerable Friday afternoon keg parties and our all-class Law Reunion parties. The Law Lawn has been, and will continue to be, a critical gathering place for the W&L Law School community. On a recent cool September Friday afternoon, I had the great privilege of walking onto the Law Lawn during multiple critical LSFL games. Michael Cohen ’90L, my Law Council colleague, pretended he had forgotten how to tap a keg. We fixed that quickly and started talking to the students, who are the focus of our Law School community. The students covered all the critical topics with us: the odds-on favorite to win the LSFL title, favorite law classes and perspectives on the new Third-Year Program, life in Lexington outside of law school and their job prospects. The last part of that conversation was serious. Make no mistake. Today’s W&L Law student is extraordinarily smart, hard-working, over-achieving and globally connected. She is passionate about the W&L experience, particularly the ThirdYear Program and the opportunities she will have to hone her lawyering skills before James Ferguson ’88L accepts the gavel she graduates. She clearly and concisely from outgoing Law Council President writes and presents on complex ideas. She Stacy Gould Van Goor ’95L has met classmates and professors who will become dear friends for life. Because of the person she is, what she believes and how she has been trained, she will improve our world more than is imaginable. She will never forget our Law School community. But she may not yet have a job. That the slow global economy has inhibited the hiring of new and not-so-new lawyers is old news. The question is whether legal market fundamentals have changed for the long term. The old paradigm that almost all lawyers from any law school can join the legal profession may forever change. For W&L, however, the paradigm will hold because of the strength of the institution and its community. I made the job issue the focus of our September Law Council meeting. After a constructive panel discussion and several additional meetings, the Law Council and the Law School have agreed to a pilot program to help our students get jobs by targeting alumni connections and student interest in smaller and regional legal markets. We will start the program with a core group of Charlotte-based Law Council members, who will work with the Law School and other local alumni to identify and fuse job and networking opportunities in Charlotte with students who may be best suited for those opportunities. The Law Council and the Law School are excited about this program. After the pilot succeeds—and I know it will—we will extend it to other cities and regions. Why will we succeed? Because the strong sense of Law School community that grew from our experiences in Lewis or Tucker Halls and on the Law Lawn lives on in all of us. We are those students who shared the same W&L experience. We have earned networks and connections that money cannot buy. And, as in every well-functioning community, we have the obligation to share what we have with those in need. Contact Lorri Olan, director of Law Career Planning and Professional Development, at (540) 458-8534 or email@example.com to let us know how you can help. —James Ferguson ’88L
Law President’s Message
L AW CO U N CI L Eric A. Anderson ’82L (New York City) Blas P. Arroyo ’81L (Charlotte, N.C.) Stacy D. Blank ’88L (Tampa, Fla.) J. Alexander Boone ’95L (Roanoke) Katherine Tritschler Boone ’06L (Atlanta) Benjamin C. Brown ’94, ’03L (Washington) John A. Cocklereece Jr. ’76, ’79L (Winston-Salem, N.C.) David K. Friedfeld ’83L (Hauppauge, N.Y.) Betsy Callicott Goodell ’80L (Bronxville, N.Y.) Rakesh Gopalan ’06L (Charlotte, N.C.) Fred K. Granade ’75L (Bay Minette, Ala.) M. Peebles Harrison ’92L (Nags Head, N.C.) Christina E. Hassan ’98L (Washington) Nathan V. Hendricks ’66, ’69L (Atlanta) A. John Huss ’65L (St. Paul, Minn.) Wyndall Ivey ’99L (Birmingham, Ala.) Bruce H. Jackson ’65, ’68L (San Francisco) W. Henry Jernigan Jr. ’72, ’75L (Charleston, W.Va.) Lauren Troxclair Lebioda ’06L (New York City) Susan Appel McMillan ’89L (Boise, Idaho) Thomas L. Sansonetti ’76L (Denver) Lesley Brown Schless ’80L (Greenwich, Conn.) James S. Seevers ’97L (Richmond) William M. Toles ’92, ’95L (Dallas)
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Nora V. Demleitner will be the new dean of the Law School. She
becomes the first woman to hold that position and is the 17th dean in the 145-year history of W&L’s law school. She will also hold the Roy L. Steinheimer Jr. Professorship in Law. A highly respected scholar on issues of criminal, comparative and immigration law, Demleitner is currently dean and professor of law at the Maurice A. Deane School of Law at Hofstra University. A native of Germany, Demleitner received her J.D. from Yale after earning a B.A. from Bates College. She also earned a M.A. with distinction in international and comparative law from the Georgetown University Law Center. Following law school, she clerked for the Honorable Samuel A. Alito Jr., then a member of the U.S. Court of Appeals for the Third Circuit and now a justice on the United States Supreme Court. Under Demleitner’s leadership, the Hofstra law school has made impressive strides in a number of areas, including the creation of important partnerships both locally and internationally. The school has developed a closer relationship with the Nassau County (N.Y.) Bar Association to enhance collaboration between the law school and the legal profession and to increase the opportunity for law students to work directly with the bar association. In addition, she has led efforts to build new partnerships with institutions in Asia and Europe, to strengthen summer offerings by partnering with elite institutions in Europe and to establish innovative spring break programs in Ecuador and Cuba. “I am deeply honored to have been chosen as W&L’s
next law dean. Its faculty and student body impressed me immensely during my visit,” said Demleitner. “W&L’s innovative curriculum challenges traditional legal education by merging high-caliber scholarship with the best legal practice has to offer. I could not be more excited about serving an institution that is on the forefront of the major changes legal education will have to undergo in the next few years.” Demleitner joined the faculty at St. Mary’s University School of Law in San Antonio in 1994, where she also served as the director of LL.M. programs. She joined Hofstra in 2001 as a faculty member. After serving as academic dean and interim dean, she became that law school’s first female dean in 2008. Demleitner has special expertise in sentencing and collateral sentencing consequences. She is the lead author of Sentencing Law and Policy. She also is an editor of the Federal Sentencing Reporter, and serves on the executive editorial board of the American Journal of Comparative Law. She has extensive international experience, having lectured and served as visiting professor at the University of Freiburg, Germany, and the Sant’Anna Institute of Advanced Studies in Pisa, Italy. She has been a research fellow at the Max Planck Institute for Foreign and International Criminal Law in Germany. She has also been a visiting professor at the University of Michigan Law School and St. Thomas University School of Law in Miami. Demleitner is an elected member of the American Law Institute and a Fellow of the American Bar Foundation.
Nora V. Demleitner Named Dean
Let There Be Light
ashington and Lee has contracted with Secure Futures L.L.C., a solar-energy developer based in Staunton, Va., to install two solar photovoltaic arrays, totaling approximately 450 kilowatts, at two locations on campus. Together they are the largest solar project in Virginia, generating enough power to light up, for example, 44 average homes. The first array, with a capacity of 120 kilowatts, has been installed on a canopy over the upper deck of the parking garage. Lewis Hall hosts the second array, a rooftop installation with a capacity of 330 kilowatts. The roof of Lewis Hall has 1,032 4
Solar panels installed on the Law School roof.
high-efficiency photovoltaic panels manufactured by the SunPower Corp., and the parking-deck canopy holds 540 photovoltaic panels made by Sanyo. W&L has entered into a
20-year power-purchase agreement with Secure Futures to buy the solargenerated electricity. The University pursued this opportunity as the latest element in its sustainability strategy, with a clear eye on the economics. W&L has undertaken numerous sustainability initiatives to date across campus. It has signed both the Presidents Climate Commitment, and the international Talloires Declaration to incorporate sustainability in teaching, research and operations. Campuswide action includes composting, local and organic foods, energy conservation, purchasing, transportation and the management of the physical plant.
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Local community organizations throughout Lexington and
Rockbridge County received a helpful boost when law students took part in the Student Bar Association’s (SBA) Service Day during orientation this year. “The last time we did this was in 2005 or 2006,” said SBA President Negin Farahmand ’12L. “It used to be an annual event, and so we’re trying to bring it back.” It’s aimed mostly at incoming students, including first-years and transfer students. Farahmand said that about 20 current law students also took part as site leaders. “We worked with 15 local organizations, from the Rockbridge Area YMCA to the Rockbridge Free Clinic and Fine Arts in Rockbridge,” she said. The students took part in a variety of projects, from yard work
Law Students Revive Tradition of SBA Service Day
First-year law student Kelly Felgenhauer paints a shed at Woods Creek Montessori as part of SBA Service Day. and picking up brush, to organizing files and doing paperwork. “It was any work that the individual organization needed to get done but doesn’t necessarily have the time to do,” explained Farahmand. “As law students we get really wrapped up in what we’re doing and
we’re very busy. I thought the SBA Service Day would be rewarding for the students and a good way to give back and show that we’re part of the community—that we don’t just go to school here. With more than 70 student volunteers, I think it had a big impact in just one day.”
Alumni Bookshelf Jim Gabler ’53, ’55L has written two
new e-books (available on Amazon). Be Your Own Wine Expert makes learning about wine easy to understand and fun. The Amazon website promises, “No more intimidating wine lists, no more mispronouncing wine names, no more feeling left out when the conversation turns to wine.” There is also a special section about Thomas Jefferson’s favorite wines and foods that are available today. God’s Devil is his first novel. It is the story of a Catholic priest whose consuming ambition is to become the first American pope, and he allows nothing to stand in his way.
Markham Shaw Pyle ’84, ’88L,
co-founder of Imprint Bapton Books, has three e-books out (all available on Amazon and Lulu). “Fools, Drunks, and the United States”: August 12, 1941 examines America four months before Pearl Harbor, when isolationism was still strong, FDR was hammering out the Atlantic Charter, most Americans were absorbed by baseball and radio shows, and Congress decided to keep the draft—by one vote. Pyle said, “I’ve concentrated the early chapters on cultural groups and ethnic groups and regions and particular congressional districts, either because those
districts were representative of the American temper in August of 1941 or because they were represented by members of Congress whose votes were important. Spies, editors, baseball players, prostitutes and Congressmen all reflect the times. I hope so, at any rate.” His other two books are annotated editions of childhood classics: Kenneth Grahame’s The Wind in the Willows and Rudyard Kipling’s Tales of Mowgli. He and his co-editor have provided prefatory essays and extensive historical and literary cross-references that add depth to an already enjoyable read.
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Why I Chose W&L Law We asked eight of our current first-year students to discuss their decision to attend W&L Law. Here are excerpts from their responses. Read all eight responses in their entirety at wlulaw.wordpress.com/category/why-i-chose-wl-law.
Randall Miller (Mississippi College)
Samantha Brewster-Owens (Tufts University)
There were a few different reasons why W&L made the list. The Third-Year Program at W&L was impressive. Current attorneys told me that law school was mostly theory, but it appeared that W&L was making strides to lessen the learning curve between law school and practice. I wanted to graduate from law school prepared to practice, and I saw W&L’s third year as an ideal way to ready myself for the challenges beyond the classroom. I know the relationships I will form over the next three years will span far beyond the doors of Lewis Hall. I broke my right wrist (dominant hand) during the first week of law school. I was unable to write or type for two weeks. Thanks to my classmates and the willingness of professors to allow class recordings, I was able to survive classes without falling behind. Some classmates e-mailed me notes. Others baked cookies. Another made a peach cobbler. One even chauffeured me to and from doctors’ appointments. I can say without reservation that attending W&L Law has been one of the best decisions that I have ever made.
Out of all the schools I visited, W&L was the only one that took the competitiveness so often associated with law school off the table. Most schools I visited seemed more interested in relaying all types of data that I could just have easily read in a book. However, W&L made a point of providing prospective students with a real sense of life at the Law School. During my open house, we did not just sit in on a first-year class; we participated in a mock class with Professor Brian Murchison, who led us through an actual case. I had a brief chat with Dean Sidney Evans (now vice president of student affairs) and, a few days after returning to Boston, I received a hand-written note from her. I can’t think of many law schools where that would happen, but this is just one example of the genuine care W&L offers. Another great example is that every student has his/her own personal carrel in the library. None of the other schools I visited made similar arrangements to ensure each student had his/her own study space, but the carrels are a tremen-
dous luxury, and they say a lot about the priority students are at this law school.
Meghan Flinn (West Virginia University) During my visit, I did a lot of things, but it was my tour that perhaps made the biggest impression on me. The students who led my group were genuinely happy and excited about their experiences at W&L, and their positivity and helpfulness factored largely in my final decision. My tour guides understood that being situated in a small, southern town tended to make prospective students unsure about W&L, so they discussed the valuable aspects of the school’s size and location. First, a small law school means small class sizes. I think the small classes have made my transition into law school much easier; in a class of about 60 people, I am more confident speaking in class, meeting with my professors and handling the Socratic method than I would have been in a class of 160 people.
Stephanie Fox (Rhodes College) Coming from an undergraduate insti-
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Discovery Maisie Osteen
Candice Lanez tution with an honor system, I was used to learning in an environment where I could trust my classmates. In choosing a law school, I knew I wanted to go somewhere I would enjoy similar freedoms. Therefore, I was pleasantly surprised to see that W&L students were comfortable leaving their laptops, purses, wallets, textbooks, notes and any number of other things unattended at their carrels. Given my interest in Germany, I found the German Law Journal particularly appealing. W&L is the only law school in the country to have a journal that focuses solely on German and European legal issues. I was further convinced W&L was the right school for me after speaking with Professor Russell Miller, the cofounder and co-editor of the journal. During the admitted-students open house, I met with Professor Miller and discussed options for tying together Germany and law. His passion and enthusiasm were contagious, and he was genuinely interested in my goals.
Joshua Laguerre (Rhode Island College) Given the state of the economy in 2010, I was looking for three things: I wanted to attend a law school that made a concerted effort to prepare their students for the practice of law. I also wanted to attend a law school with a reputation for high-quality teaching. Lastly, I wanted to go to a school with a strong alumni base. Although W&L’s third-year curriculum is relatively new, I really
appreciated the school’s efforts to innovate and adapt to the realities of a changing legal industry. I knew (and I still believe) the third-year curriculum would set me apart from my colleagues at other law schools, a distinction I felt would be important during these challenging economic times. I felt (and still feel) this preparation would make my transition to practice much easier.
Candice Lanez (University of Delaware) While I initially felt I had to be in a big city, the town of Lexington actually grew on me. I knew I wanted to be somewhere I could have a life but also feel like I had the time and energy to really focus on law school. Lexington makes that possible. There are definitely things to do here. Lexington offers enough restaurants, shops and activities for students to enjoy during their free time. However, there are not so many things going on that it becomes distracting. The law school also does a great job in providing opportunities to keep students occupied outside of the classroom. The Student Bar Association hosts any number of events, including a pig roast, cocktail parties, Oktoberfest and a Halloween party. And that doesn’t even include all the other events and programming put on by other student organizations.
Maisie Osteen (Hofstra University) When I visited the school and realized the entire 2014 class could fit
in the Moot Court Room, I knew this was a place where I would receive individual attention. I am an interactive learner and engage more completely in classes where I feel a part of the academic process. My largest class, right now, is 60 people, a class size that is considered small at many universities. My smallest class is an astounding 20. This class is my small section. In our small sections, we study one area, in my case Torts, and also do our legal writing and research. The professor leads the writing class, grades and critiques our work and helps us develop our legal writing. It is a huge advantage to have this direction from a professor, rather than a student, because they have been in the legal world and understand exactly what is required and expected. This is the attention and care that I was looking for in my legal education and that I have absolutely found at W&L.
Chris Wagner (Indiana University) The faculty at W&L are scholars and teachers, and they truly are fonts of knowledge with diverse experiences. Furthermore, most professors have open-door policies and are happy to answer questions, continue a class discussion, or just get to know their students. My small-section professor has been invaluable to me in learning to write a legal memo (the 1L’s veritable rite of passage)—he has extended his office hours, canceled class to free up more office hours and consistently provided personalized feedback. Winter
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Legal v. Geographical Boundaries
n the margins of a nearly 300-yearold map that Professor Jill Fraley has studied during one of her many visits to libraries and government archives, she finds a note dating when the French discovered the Kanawha River, in West Virginia. This note, says Fraley, is not merely a statement of historical fact. It’s the beginning of a legal argument. “People are often surprised to see old maps, some 10 feet tall, covered with handwriting,” said Fraley. “These notes may detail discovery or first possession or event habitation, and they form the basis of legal arguments for ownership. These old maps set in place property-law schemes that are still at work today.” Fraley joined W&L this fall as an assistant professor of law and specializes in legal history, property and environmental law. She earned undergraduate degrees in history and religion and a J.D. from Duke, as well as LL.M. and J.S.D. degrees from Yale University, after which she practiced law for eight years, handling mostly toxic tort cases. But her interest in history remained, and after a project she was working on while still practicing was solicited for publication by an academic press, she decided to return to Yale to further hone her historical research skills. The project, a study of the
Professor Jill Fraley history of Appalachia with a focus on law and geography, became her dissertation. She is currently revising it into book form for one of five academic presses interested in publishing it. “My book traces how the federal government created the identifiable region we know as ‘Appalachia’ through the mapping practices of the Tennessee Valley Authority and later the Appalachia Regional Commission,” Fraley explained. “I also explore why these regional governing bodies were established and what the challenges are to governing an area based on land features rather than state lines.” Fraley noted that the TVA was created in 1933 with the stated goal of operating for the “common good,”
but that it was unclear from the outset just what that meant. This lack of clarity meant that political circumstance dominated policy, and after the outbreak of World War II, the TVA militarized and developed land-use practices that maximized resource extraction at the expense of the land. This, in turn, created conflicts between the TVA and the Environmental Protection Agency that exist to this day. “The TVA created an unfortunate model of what regional government meant,” said Fraley. “It meant dealing with natural features in a way that furthered the common good on the scale of the nation, even while acting on the scale of the region.” An avid collector, Fraley possesses thousands of print and digital maps. The largest portion of her collection is devoted to maps that illustrate the colonial process and boundary development. Fraley uses them to help her understand how land, property and territoriality were understood centuries ago, how allegiance is represented and how territory is claimed. That, in turn, informs her research into what role the federal government should have in telling landowners how to manage their land. “I guess you could say I’ve always seen property as integral to environmental questions, because control and ownership of land is the central question in most environmental claims,” said Fraley. “Lawyers tend think of geography as fixed—there is the federal and there is the state—but the reality is that we often govern in ways that don’t match up with that dichotomy.”
“Lawyers tend think of geography as fixed—there is the federal and there is the state—but the reality is that we often govern in ways that don’t match up with that dichotomy.” 8
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Christopher Bruner gave presen-
tations on corporate governance in common-law countries, the subject of his forthcoming book, at Melbourne
vited contribution on victims’ rights to the Official French Commentary to the International Criminal Court and appeared on NPR in November to discuss his forthcoming book on child soldiers.
Michelle Drumbl co-authored Skills
and Values: Federal Income Tax, part of a new series of supplemental texts published by LexisNexis. The book bridges the gap between traditional academic instruction and the practice of tax law by helping students capture the big picture of the foundations of the tax system through exercises that present hypothetical client situations.
Susan Franck’s recent publications in-
clude an article, “Empirical Modalities: Lessons for the Future of International Investment,” and a book chapter, “Considering Recalibration of International Investment Agreements: Empirical
A. Benjamin Spencer
Law School and Sydney Law School, as well as the Florida State University College of Law. He conducted comparative corporate governance research this summer as a visitor to the law faculties of the University of Sydney and the University of Toronto. While in Sydney, he spoke on international regulatory responses to the global financial crisis as a part of Sydney Law School’s Corporate Governance Seminar Series. Bruner also participated in a panel on the changing landscape of corporate federalism at the annual meeting of the Southeastern Association of Law Schools.
Josh Fairfield spoke about the melding of virtual worlds with social networks at the Telecommunications Policy Research conference and at the Governance of Social Media conference at George Mason Law School. He briefed members of EPIC, a preeminent online privacy group in Washington, on the issue of the privacy of gamers’ data, and consulted with the federal government on issues of privacy and virtual worlds. He focuses on the growing field of human-subject experimentation in virtual worlds. He delivered a paper on this topic at the Ethics of Videogames conference at DePauw University.
Mark Drumbl completed book chap-
New faculty member Jill Fraley was named a fellow at the David Library of the American Revolution and at the Rachel Carson Center in Munich. She placed several articles including “Mis-
ters on genocide, child soldiers and the trial of Arthur Greiser, the first Nazi ever convicted of the crime of waging aggressive war. He submitted an in-
sionaries to the Wilderness” in the Journal of Appalachian Studies, “The Political Rhetoric of Property and Natural Resource Ownership” in Society & Natural Resources and “Stealth Constitutionalism” in the Drexel Law Review. This final article was also the topic of her recent blog post on the popular law blog “Balkinization.”
“Honor As Property,” at the Southeastern Association of Law Schools annual meeting, as well as at a workshop for the American Association of Law Schools. Bond developed and taught a new seminar on feminist legal theory this fall. In addition, she served as a committee member for the Dean Search, Faculty Appointments and the Law Center.
Johanna Bond presented her article,
Insights,” in The Evolving International Investment Regime: Expectations, Realities, Options. Her work has been a top-10 download several times from the Social Science Research Network (SSRN). Franck gave presentations on investment treaty dispute resolution, micro-investment disputes and other topics at conferences in the U.S. and Switzerland. She is currently helping organize two conferences, the Institute for Transnational Arbitration’s First Annual Winter Conference in San Francisco in February 2012, and a conference for the Society for International Economic Law in Singapore in July 2012.
Lyman Johnson published “Enduring Equity in the Close Corporation” in the Western New England Law Review. He traveled to Russia to speak with judges Winter
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Faculty Accomplishments Discovery
about U.S. corporate law as part of a four-person delegation that also included a Delaware judge and two practicing corporate lawyers. He also gave a talk at St. John’s Law School on “Debarring Faithless Fiduciaries in Bankruptcy” as part of the annual American Bankruptcy Institute conference. One of his articles was prominently cited in a Brookings Institute study this summer.
Timothy Jost was elected to mem-
bership in the Institute of Medicine. He gave presentations at Tsinghua University, the West China University of Public Health, Columbia University and the University of Connecticut and published articles or blog posts on health reform in the New England Journal of Medicine, Health Affairs, the University of Pennsylvania Law Review and the St. Louis University Health Law Journal. He continues to serve as a consumer advocate at the National Association of Insurance Commissioners and to be interviewed regularly by the news media on health-reform topics.
J.D. King presented “Criminal Clin-
ics 2.0: Advantages and Drawbacks to Broadening the Traditional Model” at the 2011 Joint Conference on Clinical Legal Education and the Future of the Law School Curriculum in Seattle, Wash. He also presented “ ‘Petty Offenses,’ ‘Minor Convictions,’ and Other Extinct Creatures: The Right to Counsel in a Changing Context” at the 2011 ClassCrits Conference on Criminalizing Economic Inequality at American University. The scholarship of Erik Luna was cited extensively in a new report issued by the U.S. Sentencing Commission. Titled “Report to Congress: Mandatory Minimum Penalties in the Federal Criminal Justice System,” the report assesses the impact of mandatory minimum penalties on federal sentencing. Luna’s inclusion in the report follows his testimony before the commission last year on the mandatory minimum issue. In his testimony, Luna argued that mandatory minimums should be eliminated because they don’t achieve their desired results, and at the same time, they compromise the integrity of the criminal justice system.
This fall, Russ Miller participated in an informal round-table discussion at the Brookings Institute to assist the National Counter-Terrorism Center and was the only American asked to give testimony at hearings convened by the German Wissenschaftsrat (Council on Science and the Humanities) to aid the German federal government in its deliberations over possible reform of German legal education and research. Miller published Comparative Law as Transnational Law: A Decade of the German Law Journal, an edited collection of German Law Journal works authored by scholars from around the world.
Mary Natkin was an invited partici-
David Millon published “Two Mod-
A. Benjamin Spencer published
els of Corporate Social Responsibility” in the Wake Forest Law Review and gave presentations on similar topics at a conference on Sustainable Companies in Oslo, Norway, and at the annual meeting of the Society for the Advancement of Socio-Economics in Madrid, Spain. He moderated a panel on corporate law at the annual meeting of the Southeastern Association of Law Schools, for which he was recently named president-elect, and was a guest blogger on “The Conglomerate,” writing about teaching the basic corporate law course at W&L.
James Moliterno’s book A Profes-
sion in Crisis is under contract with Oxford University Press. He published “Modeling the American Lawyer Ethics System” in the Oregon Review of International Law and participated in the National Law Journal’s online forum discussing the future of legal education. Moliterno continues to serve as a judicial training and lawyer ethics consultant abroad, with visits to Indonesia, the Czech Republic and Tiblisi, Georgia. He also made numerous presentations in the U.S. and Canada on experiential legal education and law school reform.
Brian Murchison spoke to the At-
lanta alumni chapter in September on “Anonymous Defamation of Businesses in the Era of the Blogosphere.” This fall, he chaired the faculty appointments committee and spoke at W&L’s Supreme Court Preview on Fox Television v. F.C.C. He continued as editor in chief of the Journal of Civil Litigation.
pant to the Working Group on Experiential Education in Law meeting hosted by Northeastern University School of Law and participated as this association of law professors and administrators further develops best practices, goals and assessment procedures of experiential education.
Doug Rendleman published “Mea-
surement of Restitution: Coordinating Restitution with Compensatory Damages and Punitive Damages” in the Washington and Lee Law Review. The paper has been listed on SSRN’s top-10 download lists seven times. “Iqbal and the Slide Toward Restrictive Procedure” in the Lewis and Clark Law Review. Spencer earned his latest victory as special assistant U.S. attorney when the 4th Circuit issued an opinion in the case of United States v. Hicks, which Spencer argued for the government. He was appointed to the position in 2009 and holds it as a pro bono public service.
Sally Wiant gave a talk, “Managing
the Perfect Storm: Will E-books Save Libraries,” at the August 2011 VASLA meeting at Virginia Commonwealth University.
Robin Fretwell Wilson published
a book chapter titled “The Perils of Privatized Marriage,” a topic she spoke about at the International Society of Family Law conference in Lyon, France. In June, she and other scholars argued for religious liberty protections in New York’s same-sex marriage law, and this work was featured on SCOTUSblog, The New York Times’ Room for Debate feature, and in other media outlets. In April, she met with staff working for Congresswoman Carolyn McCarthy of New York to explore federal legislation about informed consent in medical teaching. She is working with scholars at The Brookings Institute on a new report about Liberty of Conscience and in June served as a conversation starter on medical-worker refusal to provide or participate in the delivery of certain lawful health care services.
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Poverty Studies The Law School has partnered with the undergraduate’s Shepherd Program on Poverty and Human Capability to identify law courses, clinics, externships and third-year practicum courses that address poverty and justice from a variety of perspectives.
Law Center in Richmond, the Appalachian Center for the Economy and the Environment in Lewisburg, W.Va., and the Legal Aid Justice Center in Charlottesville, as well as with legal aid and public defender offices in the area. Law students can fulfill their third-year service requirement
“We believe educating students about poverty and the role of law in perpetuating or alleviating it will help them be better leaders, wherever their legal career takes them.”
–Professor Joan Shaughnessy
A new law student organization, the Shepherd Poverty Law Organization, will promote these opportunities to students and represents student interests in this area to the Law School and the University. Professor Joan Shaughnessy led the effort on behalf of the Law School. “We believe educating students about poverty and the role of law in perpetuating or alleviating it will help them be better leaders, wherever their legal career takes them,” she said. Among the courses students can take is the Poverty Seminar, taught by Harlan Beckley, Fletcher Otey Professor of Religion, lecturer in religion and law and director of the Shepherd Program. Other courses include bankruptcy, immigration law and policy, and non-profit organizations, as well as participation in one of the school’s many clinics that serve low-income clients. Internships also exist. This past summer law students worked at the Georgia Justice Project in Atlanta, the Chester Upland School District Youth Court in Chester, Pa., the Virginia Poverty
through work in local domestic violence shelters, through advocacy for abused and neglected children or as court-appointed special advocates. “These kinds of experiences allow law students to discover how their work as a professional and civic leader can have a positive impact in diminishing poverty,” said Beckley. “Such personal and professional development is only possible at a law school like W&L, where students work in close collaboration with faculty members who understand and support each student’s individual aspirations.” To learn more, visit law.wlu.edu/ poverty law.
Immigration Services Launched last year, the Citizenship and Immigration Program (CIP) at W&L focuses on resolving legal disputes related to immigration and naturalization. Students working in the program represent individuals before the U.S. Department of Homeland Security and the U.S. Department of Justice in order to
New Programs obtain immigration benefits such as permanent residence, citizenship, asylum and relief from deportation. “Immigrants in general have particular difficulty in accessing legal representation,” says Aaron Haas, director of the program. “Language barriers, the inability to afford private attorneys, lack of legal understanding and sophistication, and distrust of the legal system generally, all contribute to this problem. This is even a greater issue in south and central Virginia, where there remains a lack of private immigration attorneys and non-profit organizations willing and able to serve the immigrant population.” During the first year, 11 students participated in the program, part of the School’s general externship program and third-year curriculum. In all, students handled 25 immigration cases, including requests for asylum, special juvenile cases and deportation proceedings. This included representation in an appeal before the Board of Immigration Appeals, a body that hears oral argument in roughly 25 cases a year out of the thousands that are filed. “Our clients primarily come from Central America, and the cases are typically asylum claims related to child abuse or politically motivated gang violence,” said Haas. Students also served clients from the Democratic Republic of Congo, Canada, Bosnia, the Czech Republic, the Philippines and Egypt. To build the program, Haas reached out to churches, shelters, non-profit agencies and the private bar in order to develop a varied caseload. In addition to the asylum cases, students handled five special immigrant-juvenile cases and argued them in Roanoke, Lynchburg and Richmond. Students also worked on five cases involving domestic abuse victims applying for permanent residency. Winter
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Historic Boundaries PH OTO BY PATR I CK HINLEY ’73
Catharine Gilliam ’82L helps preserve land next to a Civil War battlefield from commercial development. BY A MY C . B A L F O U R ’89, ’93L
“It’s important for individuals and communities to save the important parts of the past,” said Catharine Gilliam ’82L, a long-time historic preservationist. “I’ve seen it enrich people’s lives [and] help local economies.” Gilliam’s experience served her well when Walmart proposed building a Supercenter in Orange County, Va., near the site of the Battle of the Wilderness, a two-day clash in 1864 that marked a turning point in the Civil War.
“The 2009 Walmart proposal to build on a site I revered really struck a nerve,” said Gilliam, who was then working for the National Parks Conservation Association. She admits that she never really enjoyed reading about Civil War battles and tactics. That changed about 20 years ago, when she toured the Wilderness Battlefield with a National Park Service historian. While they walked, she made connections between the history she’d read and the surrounding landscape. “Some people call it a ‘historical epiphany,’ when you feel the significance of long-ago events by being at the place or holding an object of importance. I finally knew what they meant that day when I walked the Wilderness Battlefield. That’s why I wanted to use every bit of experience and any contacts I had to help save that place.” Gilliam, a Lexington native, became interested in historic preservation in the 1960s and ’70s, when Lexington was busily preserving its downtown. She spent her senior year of high school at Hollins University before enrolling at W&L as one of five female exchange students under the Eight College Exchange Program in 1974. Her great-uncle was Frank J. Gilliam, Class of 1917, W&L’s popular dean of students (1932-1962). She subsequently enrolled
in the architecture school at the University of Virginia. After working for a preservation group in Pittsburgh, Gilliam applied to law school. “I realized that it was lawyers and bankers who were able to make the projects work,” said Gilliam. W&L was the only law school she applied to that didn’t have a joint degree in land-use planning. “I’m so glad that I did, because I got a much more well-rounded legal education at W&L than I would have if I had tried to specialize.” Gilliam worked in McGuire Woods’ litigation department for two years, then joined the legal team at the National Trust for Historic Preservation, a private non-profit created by Congressional charter to encourage the preservation of historic resources across the country. She later moved to the National Trust’s preservation services department. “My job when I left the legal department was to create a program that served state and local groups,” Gilliam said. “They have very wisely put their resources into building and strengthening local and state-based groups, so that it’s not top-down Washington telling people what to do.” During her time at the National Trust, she also created and edited Preservation Forum magazine.
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In the 1990s, Gilliam jumped into independent consulting for preservation and conservation matters. “Historic preservation involves working with those who live in a community and helping them utilize programs and incentives—local, state and federal—to save the places they value,” said Gilliam. “I see my role as translating the legal tools in a way that is understandable to local advocates.” Preservationists must also be skilled researchers, media-savvy communicators and effective advocates. Because she is a historic preservationist, it’s appropriate that Gilliam lives in Brownsburg, a photogenic village 15 miles north of Lexington. Brownsburg was designated a District in the National Register of Historic Places in the 1970s, part of the first group to earn that designation in Virginia. Gilliam lives in a house built in the 1820s and 1830s by a Scots-Irish immigrant. The general store next door, which she also owns, dates to the 1890s. “I’ve lived in historic buildings before, but this is the first time I’ve lived in one that has such architectural integrity. I’ll be working on it for decades. There’s always another project.”
So why did Gilliam, who joined forces with dedicated locals and a savvy team of attorneys, invest so much effort in the Friends of Wilderness Battlefield v. Orange County Board of Supervisors case? Compared to other Civil War battle sites, such as Gettysburg or Antietam, this one is less well known. (Portions of the Wilderness battlefield are preserved and interpreted as part of Fredericksburg and Spotsylvania National Military Park, established in 1927 to memorialize the battlefields of Fredericksburg, Chancellorsville, Spotsylvania Court House and the Wilderness.) Gilliam argues that the Battle of the Wilderness, resulting in nearly 30,000 casualties, is historically significant for several reasons. “It was a really gruesome battle, for one thing,” said Gilliam. “The woods caught fire, and people burned alive.” It was also the first time Ulysses S. Grant and Robert E. Lee squared off on the battlefield, both commanding forces on the ground. She noted that an important aspect of the encounter was Grant’s decision to push south toward Richmond after the battle. Unlike the typical pattern of Union generals to regroup and retreat after a major clash, Grant declared on the Wilderness battlefield that his army would aggressively pursue the ultimate goal. Within a year, Lee surrendered to Grant at Appomattox. Walmart applied for a special-use permit to build just outside the land owned by the park service, but within the area that had been determined to be important to understanding the battle. Gilliam met with local citizens and preservation groups so that she could effectively oppose the store’s request at public hearings before the planning commission and Orange County board of supervisors. She also helped residents get involved. “A lot of it is empowering people at the local level, providing information and background they need,” said Gilliam. “I’m a firm believer in local voices being the most important.” Despite Gilliam’s hard work, the board granted a permit that allowed for about 225,000 square feet of retail space, including an
approximately 133,000-square-foot Walmart store on a 51.5-acre parcel. This parcel, on higher-elevation land, was across from the entrance road to the national park and less than a half-mile from park property. The National Trust for Historic Preservation, the Friends of Wilderness Battlefield and several local landowners subsequently filed suit against Orange County. Walmart was later added as a defendant. Gilliam was not the only W&L law graduate working on the case. Matthew Shultz ’03L, an associate with Arnold & Porter, represented the plaintiffs pro bono. Thomas Kleine ’94L, a partner with Troutman Sanders, was outside counsel for Walmart. Early in the process, Gilliam spoke with Thomas Evans ’91L, in-house counsel for Walmart. Although not involved with the case, Evans put Gilliam in touch with the right in-house attorneys and facilitated their follow-up. Plaintiffs argued that the county’s decision to issue the permit was unreasonable, as was the process used to reach that decision. “The claims essentially were that, in terms of process, they didn’t do the full critical evaluation that they should have as far as the historical, the traffic and the economic issues,” said Shultz. One specific allegation was that the county did not reasonably consider that the proposed development site sat within the battlefield’s historic core, as identified by a panel of distinguished historians appointed by Congress in 1990. Scholars use these designations to identify areas important to understanding the battlefield— headquarters, hospitals, supply depots, logistical operations— that were connected to the battle and worthy of some protection. “One of the issues with national parks is protecting beyond their boundaries and the full context,” said Gilliam, “so we don’t have garish or inappropriate development right beside this fully protected area.” The complaint also alleged technical and statutory violations. “Catharine has been doing this type of thing for years,” Shultz said. “She really knows all the players in the preservation community and has experience with these types of issues, including the legal issues, etc., so she was really instrumental in developing our strategy and helping us develop our arguments.” The final result? In January 2011, on the eve of trial, Walmart decided not to build on the site, saying it would purchase and preserve the site and work with the county to find a new location. Walmart also agreed to reimburse the county for legal costs. In an Associated Press report, a Walmart spokesperson noted, “We just felt it was the right thing to do. We’ve tried to weigh the pros and cons of the project and balance the need for economic growth and the need for preservation.” Walmart is considering a spot a few miles up the road, essentially a win-win solution for both sides. “I’ve noticed over the decades that some of the most bitterly contested fights result in the best solutions long term,” noted Gilliam. “It means a lot to me when someone who had called me an obstructionist—and worse—makes the effort many years later to tell me they are glad the historic-preservation solution prevailed. It happens more often than you would expect.” W i n t e r
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Prepared to Practice? PH OTO BY PATR I CK HINLEY ’73
Alumni weigh in on simulation courses in the third-year curriculum BY PETE JETTON
In November of 2011, the New York Times published a Sunday, front-page feature entitled “What They Don’t Teach Law Students: Lawyering.” With a weak economy leading to a less than rosy employment outlook for new law graduates, mainstream media has become a harsh critic of legal education (see Required Reading, p. 19) and has created a misleading caricature of what it means to be a freshly minted lawyer. “The Times article by David Segal oddly envisions a new lawyer in a firm being asked, ‘How do you get a merger done?,’ with the
‘answer’ being ‘Draft a certificate of merger and file with the secretary of state,” noted Interim Dean Mark Grunewald. “For decades, the precise goal for legal education has been a subject of some contention. But no informed reader would accept the Times scenario as reflecting in any meaningful way the nature of that discussion or the real questions that would normally confront a new lawyer. In fact, the article essentially ignores a wide range of important developments in legal education that affect the transition to practice, with the W&L Law Third-Year Program being perhaps the most significant and innovative.”
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Launched in 2009, W&L’s entirely experiential third-year curriculum embraces the practicum (see overview, p. 17). All third-year students are required to take several of these law-practice simulations, choosing from an array of both litigation- and transactional-based practice areas. “By the third year, we are teaching students to learn law the way lawyers do, not the way law students do,” said Grunewald. “In speaking with practicing lawyers and judges, I find the vast majority think we’re on the right track,” he continued. “Among legal academics, there may be some skepticism, but each day I learn about moves that other law schools are making in the direction in which we have led.” But are W&L’s practicums preparing students for their first days at work? “Our alumni can provide us with valuable feedback to help us improve the program, so we asked several to comment on a course that replicates their particular area of practice,” noted Grunewald. “Their observations comparing their real-life legal experiences to the simulations seem to indicate that the Third Year is hitting its mark.”
Banking Law Practicum
Here’s the scenario. Lawyers in the Office of the General Counsel for Elk Cliff Bank are busy revising proxy materials to reflect changes required by the Dodd-Frank Act, the most comprehensive financial reform legislation since the 1930s, which was passed to prevent a repetition of the housing market collapse of 2008. An e-mail arrives from someone demanding that the
bank allow him to nominate a new bank director. The staff drops everything. It’s all hands on deck while the legal team works with public affairs and the CEO to quickly coordinate a response. Although scenes like this play out in general counsels’ offices every day, Elk Cliff Bank is not real. It is the backdrop for the financial services simulation dreamed up by W&L Professor of Practice James Pannabecker for his Banking Law Practicum. Before retiring from practice to write legal treatises on banking law, Pannabecker was general counsel for Citicorp Mortgage, and he drew on his experience there to give students a semester-long dose of life as inhouse bank counsel. Practicum Reviewer While exploring the rich, forwardMike Malloy ’95L looking environment of an in-house is general counsel for mortbanking-law practice in a time of financial gage at Bank of America. crisis, Pannabecker’s class seeks to impart a broad exposure to the discipline of financial institutions law. The simulated Office of General Counsel hires staff, negotiates the Troubled Asset Relief Program (TARP) agreement with the U.S. Treasury Department, helps the bank develop a project plan to address Dodd-Frank, and assists with implementing the statute and regulations as developments occur in Washington and the states.
Professor James Pannabecker noted, “Practicum experiences should help a student/lawyer make the transition from a law school community to the business community, emphasizing the fact that treating either as separate—from each other, home, family, friend, neighborhood, farm, industry, nation, world—risks losing touch with what makes our work truly valuable. Many colors grace a successful lawyer’s palette.”
PHOTO BY PETER JETTON
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Course reviewer Mike Malloy ’95L, general counsel for other divisions at Bank of America to feed those rules into the mortgage at Bank of America, thinks Pannabecker got it right. mortgage division’s business practices and help communicate to Indeed, he found examples such as the one above completely customers what these changes mean. Malloy notes that his team typical of the nonlinear way in which in-house counsel doesn’t do anything in a vacuum. departments operate. “When we’re working on a comment for policy makers or “While it would be impossible to completely replicate the adopting new rules for a business practice, we work with our experience,” Malloy said, “the idea that we are often working in people in public policy, public relations, corporate affairs, data one direction and are interrupted to deal with a critical client issue analysis,” said Malloy. “Teamwork is what being an in-house is completely realistic and quite common. Law students rarely get counsel is all about.” a sense of the nonlinear nature of law practice.” The interdisciplinary nature of a general counsel’s work is Malloy is a natural choice to comment on this class. He something else Malloy thinks came through in the course. He spent a decade in the litigation department at Parker Poe, in noted a class early in the semester when the associates receive a Charlotte, before going in-house with Bank of America. As a draft TARP contract to review. Their plan to leisurely analyze it is litigator for the nation’s largest bank during a turbulent time, disrupted when the bank’s public relations director interrupts a Malloy has worked on many notable cases, meeting to announce that the bank’s CEO had including the docket the company inherited been invited to the White House to sign the after the purchase of Countrywide and the agreement. The CEO wants immediate input, Advanced Family Law settlement with the Securities and Exchange and the PR director is worried about how Commission over the Merrill Lynch merger. customers and the general public will perceive Appellate Advocacy A year and a half ago, he took over legal the bank after taking TARP money. Banking Law support for the mortgage division and now “Helping the company interface with the Business Planning oversees nearly three dozen attorneys who media is a critical function,” says Malloy. “We Business Tax Planning are working on many of the same issues as the help make sure the message is right, that there Civil Litigation students in Pannabecker’s class, including the are no unintended consequences.” Corporate Counsel implementation of Dodd-Frank. Malloy says Corporate Governance and the legislation has had enormous impact on Shareholder Derivative Litigation every part of the financial services industry, Criminal Practice including how much credit is available and Advanced Family Law Cross-Border Transactions what that credit will cost. e-Commerce Of course, like any piece of legislation, Dodd-Frank is immense, and some parts Reflecting on his 40-year career practicing Entertainment Law have a more immediate priority. Malloy family law in Georgia, Baxter Davis ’66L Failing Businesses and Potential Remedies: Bankruptcy thinks the Banking Law Practicum does has but one regret: the invention of the fax a good job hitting such points, especially machine. Federal Energy Regulation the ongoing discussion between banks and “It changed everything,” he said. Fiduciary Litigation regulatory agencies over the rules that will “Correspondence that used to take days Health Law define qualified mortgage (QM) and qualified suddenly only took hours. Legal documents Higher Education residential mortgages (QRM). that were drafted once very carefully became Intellectual Property “I was impressed by the breadth of the rushed and revised multiple International Environmental Law topics covered but also how the course times each day. It’s only International Human Rights focused on those things significantly gotten worse with e-mail. Jury Advocacy affecting the industry,” says Malloy. “This Clients, opposing counsel. Labor and Employment Law. is where Professor Pannabecker’s expertise Everyone expects an and experience really showed through. You instantaneous response.” Law, Politics, and Public Policy have to understand financial services to Davis thinks the fast pace Mergers and Acquisitions understand why some things are important of practice, along with the Patent Litigation Practicum to the way banking lawyers do their job.” growth of personal wealth Poverty Law and Litigation Malloy himself recently traveled to often at stake in modern Securities Fraud Washington, along with representatives of divorce cases, has fostered Social Science and Law trade groups and others in the mortgage a lack of collegiality among Practicum Reviewer Sports Law industry, to discuss QM and QRM rules with lawyers and increased Baxter Davis ’66L Trial Advocacy policy makers. And when those rules are negative gamesmanship. cofounded Davis, Matthews Wealth Transfer Planning finally released, Malloy’s group will work with It’s one reason he thinks & Quigley P.C. in 1969, now
one of the largest family law practices in Georgia. W&L
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practicum courses are a good idea, to help soon-to-be associates learn “to focus on the facts and not on the other lawyer.” Davis should know. The firm he cofounded in 1969 in Atlanta—Davis, Matthews & Quigley P.C.—now has one of the largest family law practices in Georgia. He has handled thousands of divorce cases, including around 70 jury trials, which are unusual for a family law attorney in general. In fact, Davis, who earned his
Professor Robin Wilson with 3Ls Kelsey Baughman and William Bridges. “In the press of practice, as fast-paced as it is—it is invaluable for new lawyers to hit the ground running,” said Wilson. “Working through complex problems allows our students to develop the kind of judgment and seasoning that can come only from real lawyering.”
undergraduate degree from Duke in 1963 before attending W&L Law, was the first family law attorney to be elected to the American College of Trial Lawyers. Davis agreed to put his experience to work on a review of W&L’s Advanced Family Law Practicum, taught by Professor Robin F. Wilson. The class parallels the progression of a relationship that begins with marriage and ends in divorce, exposing students to the gamut of services an attorney may provide to individuals contemplating marriage or divorce, from drafting an initial prenuptial agreement to filing a divorce petition through settlement proceedings and trial.
PHOTO BY KEVIN RE MINGTON
Students generally take 12-14 credits each semester. Each third-year semester begins with a two-week skills immersion—a litigation-based experience in the fall and a transactional-based experience in the spring. For the remainder of each semester, students enroll in two electives in the form of practice-based simulations, clinics or externships. At least one of the four electives must include real practice experience. Students also participate in a semester-long course that explores major contemporary issues in the legal profession, including the economic, social and cultural forces that affect legal practice and life as a lawyer, and must complete 60 hours of law-related public service. If they wish, students may also take courses from the traditional curriculum to supplement the experiential components, but it is not required.
Skills Immersion Program
Clinic, Externship or Practicum Module
Clinic, Externship or Practicum Module
Fall Litigation (2 Weeks) Spring Transactional (2 Weeks)
2 The Legal Profession Course
1 Semester Total 12–14 Academic Year Total 24 –28
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In particular, Davis examined an assignment where students are asked to consider the divorce proceedings between a fictional couple, Donald and Betty King. The students receive extensive information about the couple’s financial holdings, as well as a fact pattern covering their marital history, financial planning and other details leading up to a suit for marital dissolution. Using this information, students must draft a memorandum in support of Mrs. King’s position that the couple’s Walmart stock is marital property subject to division. Davis was unequivocal in his assessment. “It’s a great assignment and a great fact pattern,” he said. “Very typical of the kind of matters we handle, and that students are likely to face if they pursue a practice in family law. “The facts seem complex on their face, and that could trip a young attorney up,” he added. “But once you lay all the facts out in a timeline, a very clear pattern of bad behavior emerges when Mr. King makes certain disclosures and when he makes different transfers. It all paints a pretty damning picture. “I definitely wouldn’t want to be representing Mr. King,” he said. “I’ll bet he loses big time.” But Davis also cautioned that given all the misdeeds, it would be easy to over-try the case, to get too nasty while representing Mrs. King. “It shouldn’t become personal. Just lay the timeline before the judge or the jury, and let the facts tell the story.”
In addition to drafting this memorandum on the Walmart stock, students must negotiate a prenuptial agreement, do oral argument in a contested custody proceeding between a natural father and a surrogate mother, and negotiate a settlement agreement resolving all matters arising out of a marriage, including child support, child custody, equitable distribution of property and alimony. In the effort to convey to students the broad range of skills and values that a lawyer must possess to provide competent counsel, the course also seeks to expose students to the unwritten customs and practices of lawyers. And on this issue, Davis offered one final piece of advice. “From the moment you get out of your car at the courthouse until you leave at the end of the day, make sure no one is listening in on your conversations. Jurors and witnesses are everywhere.”
Business Planning Practicum Professor Lyman Johnson and 3Ls Christine Shepard and A.J. Frey. “Students must identify client goals and craft and implement sensible solutions. Doing so naturally raises a host of legal and law-related issues. Students then see that they need to delve much further into tax, corporate, IP and other legal areas to deepen their knowledge. They learn law, in short, because they have to in order to advance the client’s goals. Moreover, they don’t just absorb law, they now have to use their understanding of it in aid of exercising professional judgment. Savvy lawyers know that is what business clients want.”
PHOTO BY KEVIN REMINGTON
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As innovative as the third-year curriculum is, certain offerings such as Professor Lyman Johnson’s Business Planning capstone course have been available to students for many years. It’s no surprise that successful Internet entrepreneur Shawn Boyer ’97L, founder and CEO of the job-search site SnagAJob.com, took the course while he was a student at W&L Law. The success of Boyer’s company, which now serves a community of 25 million, has not gone unnoticed, and in 2008, the U.S. Small Business Administration named Boyer the nation’s Small Business Person of the Year. The company has won praise from its employees as well. SnagAJob has been named a top-10 Best Small Company to Work for in America for the past four years, and this year earned the No. 1 rank. Johnson’s course is geared toward students who expect to be legal advisors to business leaders. Students draw together the principles of law learned in the corporate law, tax and other commercial courses as they Practicum Reviewer perform lawyer-like work on Shawn Boyer ’97L complex business transactions. is founder and CEO of the For example, students advise job-search site SnagAJob.com. two entrepreneurs on the best organizational form for a start-up biotech venture and prepare an actual operating agreement for the proposed deal. They also confront intellectual property topics, professional responsibility concerns, and a host of other business and finance issues as they design the optimal business arrangement for the venture. Boyer looked at two assignments from Johnson’s class.
One asks students to negotiate a highly detailed letter of agreement covering the relevant points for the organization and operation of a corporation under Delaware law. In the other, students draft a memorandum analyzing whether a venture should be organized as a Virginia limited liability company or as a Virginia general or limited partnership. Boyer noteed that these are foundational issues, and he was pleased to have this type of knowledge and experience when meeting with lawyers to start his business. “How you establish yourself up front has so many repercussions down the road,” he said. “Everything from seeking certain types of outside financing to expanding your business can be much smoother if you set up the entity the right way.” Boyer said his experiences in law school helped him better understand these issues as his business was formed and as it has expanded. SnagAJob, in fact, just completed its second business acquisition. But the parts of the assignments that interested Boyer the most were those that focused on identifying and understanding client goals, a skill that he sees as the real key to being a successful business advisor. For example, in the memo assignment, Johnson asks his students to “identify key client goals and how you are achieving them. I want solutions for our clients and their goals, not general platitudes.” “Too often, lawyers will approach these issues with a template approach, relying on what they have done before instead of taking the time to focus on their current client’s objectives,” said Boyer. “If you are advising a business owner, you need to understand both the short- and long-term goals and help your client think through how those goals interact, how short-term decisions can impede or advance future objectives. “It’s fine for lawyers to rely on their experience,” he added, “but only after they take this important step.”
Required Reading The Chronicle of Higher Education “Legal Educators Grapple With How to Meet a Changing Profession’s Needs”
ABA Journal “The Law School Bubble: How Long Will It Last if Law Grads Can’t Pay Bills?”
New York Times Room for Debate Professor Lyman Johnson (far left) often draws on the expertise of alumni for his Business Planning practicum. From l. to r.: Wyatt Deal ’08L, Jim Seevers ’97L and David Freed ’04L spent three days working with students in the spring of 2010 on issues arising in the acquisition and sale of a corporation. All three work for Hunton and Williams.
“Rethinking How the Law Is Taught” “The Case Against Law School”
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PHOTO BY ROBERT SUTTON
Defense B Y J A K E T R O T T E R ’04
Gene Marsh ’81L (this page) and William King ’86 (opposite) have built up a formidable sports-law practice at Lightfoot, Franklin & White.
The Civil War always captivated Gene Marsh ’81L. But not the law. And certainly not intercollegiate athletics. Nevertheless, Marsh, along with William King ’86, have become two of the nation’s preeminent legal experts on NCAA compliance issues. “I never thought I’d be doing this kind of work,” Marsh said. “If you had asked me to list things I’d possibly be doing, sports law wouldn’t come up. Even in a very long list.” Marsh and King form the two-man team working in the sports wing of the Birmingham, Ala., law firm Lightfoot, Franklin & White, where they handle many of the NCAA cases that make headlines. “We were both optimistic that the business would grow,” said King, who convinced Marsh to leave his professorship at the University of Alabama’s law school to work with him at Lightfoot, Franklin & White. “But we never thought in our wildest dreams it would be so successful.” They counseled Michigan when former coach Rich Rodriguez was accused of extending practices past the NCAA-mandated limits. They advised USC after illicit payments to Heisman Trophy winner Reggie Bush and basketball star O.J. Mayo came to light. And in their biggest case yet, they represented Jim Tressel, who was ousted at Ohio State after allegations that he tried to cover up some of his players’ receiving illegal benefits so they could remain eligible. Tressel recently appeared before the NCAA Committee on Infractions.
“He’s a good man who made a mistake,” said Marsh, who received his undergraduate degree from Ohio State, but didn’t know Tressel before the coach contacted him in last spring. “There have been an incredible number of people who support him.” That Tressel turned to Lightfoot, Franklin & White underscores how respected the firm has become in sports law. Thanks, of course, to King and Marsh. Marsh grew up in Dayton, Ohio, and spent three years in the U. S. Army Infantry with the Presidential Honor Guard at Fort Myer in Arlington, Va., before attending Ohio State. Fascinated with the Civil War, he visited old battlefields on weekends, which led him to Lexington. “I immediately fell in love with it,” he said. “So when I was looking at law schools, I remembered W&L.” King also fell in love with W&L at first sight. As a teenager in Luverne, Ala., he wanted to go to college somewhere different than his friends, who gravitated to Auburn or Alabama. King had heard about W&L. So during spring break, he drove up to see what the fuss was about. “I took one look at the Colonnade, and I knew,” King said. “Other than asking my wife to marry me, going to W&L was the best decision I’ve made in my life. It put me on a different path.” Neither, however, initially believed that path was sports law. King dreamed of being a sports broadcaster. Marsh was a finance and economics major and considered pursuing a Ph.D. in finance. “The minute I went to law school, I wanted to teach,” said Marsh, who taught law at the University of Alabama for 28 years
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along with his wife, Jenelle Marsh ’81L, who is now the associate dean for academic services at Alabama’s law school. Before long, the careers of both King and Marsh veered toward sports law. King intentionally. Marsh inadvertently. After years as a law professor, Marsh was chosen to be Alabama’s faculty athletics representative, who is, as Marsh puts it, charged with the task “of bridging the gap between the worlds of academics and athletics.” Before long, the Crimson Tide basketball team was called before the NCAA Committee on Infractions for alleged rules violations. Marsh was part of the contingent that represented the University at the hearing. He must have made quite the first impression. When a vacancy came up on the Infractions Committee in 1999, the NCAA asked him to fill the position. “Things happen in life. Some call it luck,” Marsh said. “That was complete happenstance.” Marsh spent nine years on the Infractions Committee, two as the chairman from 2004 to 2006. As well as teaching, Marsh flew to Indianapolis six times a year to hear cases. All told, he sat through more than 100 cases, including the high-profile Michigan Fab Five Basketball scandal and the Baylor basketball murder cover-up. “Honestly, I didn’t really know what I was getting into, the amount of work, how intense that whole world is—the scrutiny, the criticism,” Marsh said. “You make a decision, and you get hate mail from people from that school.” At the same time, King, who graduated from law school at Vanderbilt, saw his career in sports law begin to blossom. Shortly after becoming the first official hire at Lightfoot, Franklin & White, King was asked by Auburn University to draft coaches’ contracts. Before long, King was working for Auburn on a major infractions investigation, which included the charge that the school’s football players were being paid. He wanted to expand.
“Once I got a taste of combining law with college athletics, I pretty much decided that I was going to find a way to make that a greater part of my practice,” King said. “I really wanted to try and take this to a national level.” So with the firm’s blessing, he reached out to Marsh, who had just finished his term with the Infractions Committee. “Gene was well known in the state,” said King, who had to fight off another prominent law firm that was wooing Marsh. “He was intrigued by the notion of building this business with me.” Initially, Marsh was of counsel with the firm, working on a case-by-case basis so he could keep his teaching position. But after handling Michigan’s football case, Marsh realized he could no longer do both. And so, he retired from Alabama’s law school to work in compliance full time. “I realized I couldn’t fully serve the client while also teaching,” Marsh said. “My life with Franklin went full blast.” The two haven’t looked back since. Eight additional attorneys at the firm now assist with casework, though King and Marsh are the only two who work exclusively in sports law. “One of us is the primary for a case, but we work together on all of them,” King said. On the road, Marsh always wears his W&L cap. King never forgets his W&L workout clothes. “That we have this common experience of W&L, and his wife is an alum, it’s just an added benefit,” King said. In the last year, North Carolina, South Carolina and Auburn have called after running into hot water with the NCAA. Then this year, the two landed their biggest client yet in Tressel. “It’s different than doing a terribly important case involved with people’s health, but the passion people have for college sports means lots and lots of people are going to follow your case,” Marsh said. “I didn’t know this is where I’d be. But it’s been very interesting work, and I’ve gotten to meet a lot of very interesting people.”
Willam King ’86 began his career at Lightfoot, Franklin & White, drafting coaches’ contracts for Auburn University. PHOTO BY BRANDON ROBBINS
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Class Notes Richard Middleton ’73, ’76L (left) and interim dean Mark Grunewald. Richard H. Middleton Jr. ’73, ’76L was inducted into the Order of the Coif during Homecoming Weekend. He is a senior trial attorney with The Middleton Firm L.L.C. in Savannah, Ga., which represents individuals who have been injured by powerful corporate interests throughout the U.S. Middleton has achieved record verdicts and settlements in more than 40 states in cases involving products liability, occupational diseases, environmental claims, franchise contracts, business torts, employment litigation and insurance fraud. Nationally recognized in civil trial practice, Middleton has instructed lawyers in trial practice in 48 states and five countries, testified before Congress on five occasions, been honored with many awards from bar associations throughout the U.S., and been a guest on national network and cable television, including MSNBC’s “Hardball,” C-SPAN’s “Washington Journal” and HBO’s “Debate/Debate.” He has served as president of the American Association for Justice, the National Crime Victims Bar Association, the American Board of Trial Advocates (Georgia chapter), the Pound Civil Justice Institute and the Savannah Trial Lawyers Association. Middleton has served as a board member of the Savannah chapter, as chair of the Savannah chapter’s Alumni Admissions Program, as a member of his class’ 25th and 35th reunion committees and as a member of the W&L Area Campaign Committee for the last two capital campaigns.
Robert J. Berghel was honored for
50 years of exemplary service to Fisher and Phillips L.L.P. He was a member of the administrative committee and served as chairman. Fisher and Phillips is a labor and employment law firm in Atlanta, with offices in 25 cities across the U.S.
Aron L. Suna (’67) is president of
Suna Bros Inc., a high-end jewelry manufacturer. He is also co-owner of Shreve & Co, the oldest retailer in San Francisco. He serves on the board of governors of the Gemological Institute of America and the Jewelers Vigilance Committee and is past
president of the 24 Kt Club of the City of New York. Suna lives in Manhattan with his wife and three children.
Scott M. Turner is the new leader
of Nixon Peabody’s energy and environmental practice. Turner, who was a founding member of the firm’s environmental practice and previously led that practice for 14 years, has represented energy clients throughout his career. Turner is also managing partner of the firm’s Rochester, N.Y., office.
Ray V. Hartwell III (’69) has
published more than 25 op-eds and
book reviews since March 2010 in the Washington Times, the Richmond Times-Dispatch and the online newspaper the Daily Caller. His topics have covered inaccuracies in a PBS portrayal of Robert E. Lee’s life after the Civil War, the heroism of three Navy SEALs in an operation in Iraq (one being the son of Tom Keefe ’72), the parallels between illegal immigration in Greece and the United States, and the proposal by Pima County Democratic Party progressives to secede from the state of Arizona. His first book review praised 1969 classmate Garland Tucker’s excellent book The High Tide of American Conservatism: Davis, Coolidge and the 1924 Election.
Jeff B. Dusek received the San Diego County Bar Association Service Award. Dusek retired as chief deputy district attorney in January 2011, where he was responsible for the Narcotics, Gangs, Appellate and Cold Case Homicide Divisions.
Hiram Ely III was listed in Kentucky
SuperLawyers for his work in business litigation and was named Louisville’s Best Lawyer by Best Lawyers in America for his work in construction law. Ely was also named one of the Top 50 Kentucky Super Lawyers in 2011 and recognized in the 2011 Chambers USA as a top lawyer in general commercial litigation. He is also a certified mediator and arbitrator. Ely works at the the law firm of Middleton Reutlinger in Louisville, Ky.
Robert J. Grey Jr. was honored by
the National Lesbian Gay Bisexual and Transgender Bar Association and received the Allies for Justice Award. Grey is a partner at Hunton & Williams L.L.P. in Richmond and the executive director at the Leadership Council on Legal Diversity, a nonprofit organization dedicated to creating a truly diverse legal profession including the LGBT community.
John A. Cocklereece Jr. (’76) was listed in the 2011 and 2012 editions of Best Lawyers in America for his work in litigation and tax controversy law at Bell, Davis & Pitt P.A. in WinstonSalem, N.C.
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firm of Sharpe & Wise P.L.L.C. with his wife, Suzanne, in Jackson, Miss. Robert concentrates in telecommunications practice before the Mississippi Public Service Commission and construction law in the courts. Suzanne handles government relations for the firm.
Daniel R. Collopy is an intellectual
property law consultant for the Singapore government, attached to both the Ministry of Law (MinLaw) and the Ministry of Trade & Industry (MTI). Under MinLaw, Collopy generates curriculum and teaches classes on the law and business of Intellectual Property (IP). Under MTI, he works on protecting and commercializing IP for the Singapore government, research institutes and universities. For the last year, he has also taught a post-graduate course with the business school of the National University of Singapore (NUS). Next semester, he will teach IP courses at the NUS School of Law. Collopy’s W&L classmates will be interested to note that he takes attendance in each of his classes.
Melissa Warner Scoggins moved
to Norfolk, Va., from Asheville, N.C., to join Warren & Associates P.L.C., where she is the appellate coordinator.
Larry A. Barden was one of three
lawyers at Sidley Austin L.L.P. to be added to the firm’s management committee. Barden has been a partner since 1989, a member of the executive committee since 1999 and a global coordinator of the firm’s securities practice. Barden’s practice areas include mergers and acquisitions, securities/corporate finance, strategic counseling/corporate governance and private equity/venture capital. Barden is also co-chair of the firm’s accounting and finance committee.
William D. Johnston is president
of the American Judicature Society, a national, non-partisan organization dedicated to improving the administration of justice. Johnston is also serving in leadership positions with the ABA’s Business Law Section and in the ABA House of Delegates as state bar delegate from Delaware. He is a partner with Young Conaway Stargatt & Taylor L.L.P. in Wilmington, Del. Johnston has been recognized in Best Lawyers in America for his work in corporate law.
Thomas H. Hunter III (’77) joined Cardinal Real Estate Partners as its chief operating officer. Hunter has 28
The Clovis, N.M., News Journal published a wonderful piece (cnjonline.com/articles/practicing39833-mexico-business.html) about Lynell Skarda ’41L, calling him the oldest practicing lawyer in New Mexico. Skarda turned 96 in August. As the article notes, Skarda was born in Clovis and worked as a bellhop at the Hotel Clovis. After law school, he worked at his family’s bank, The Citizens Bank of Clovis, where he is the chairman of the board and one of the bank’s three directors. The bank has been part of the Skarda family for 90 years. Skarda’s father was one of a group of investors that established the Farmers State Bank of Clovis, which merged with Citizens in 1924. The News Journal story, which includes a slideshow of photos, takes the form of a series of questions posed to Skarda. Among other things, you will discover that he enjoys reading on his Kindle after a day at the office, and, when asked to name a happy time, he responded: “All the time.” Skarda’s late brother, Langdon, graduated from the Law School in 1938, and his son, Jeff, is a member of the undergraduate class of 1966.
years of real estate experience. He was previously an asset manager and vice president at Canal Investment Society, a privately held investment company, and handled asset management for the Resolution Trust Corp. In addition, he founded Hunter Real Estate Capital Group, a privately held real estate fund. He lives in Charlotte, N.C.
Linda A. Klein received the Fastcase
Robert P. Wise opened the law
50 Award, which recognizes 50 individuals across the country who are visionaries, leaders, advocates and innovators in technology, the legal community and beyond. Klein is a managing shareholder at Baker Donelson, Bearman, Caldwell & Berkowitz P.C., in Atlanta, and is a member of the firm’s board of directors. Klein focuses on business dispute resolution. She has authored numerous published works, most on construction law. She is a member of the American Law Institute and a certified mediator and arbitrator, frequently serving as a neutral, as well as a client, advocate.
Howard T. Wall III left Capella
Healthcare in June 2011. He is now working at RegionalCare Hospital Partners as the executive vice president and chief administrative officer. He lives in Franklin, Tenn.
Mark P. Ciarrocca was confirmed as
a judge to the Superior Court of New Jersey. He will serve a seven-year term on the bench, with the ability to be nominated for a tenured term in 2018. A tenured term would allow Ciarrocca to remain on the bench until his 70th birthday. Ciarrocca lives in Union Township with his wife, Janet, and two sons, Robbie and Jack.
Daniel J. Fetterman (’83), of Kasowitz, Benson, Torres & Friedman L.L.P., in New York, contributed to the book Defending Corporations and Individuals in Government Investigations, a new resource for white-collar lawyers. Fetterman, along with prominent former prosecutors and leading white-collar defense lawyers, shares an insider’s perspective gained from years of prosecuting and defending significant, high-profile and complex criminal and regulatory cases. Winter
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Rodney L. Moore left Vinson &
Elkins to serve as partner in the global law firm of Weil, Gotshal & Manges L.L.P. Moore will split his time between Weil’s Dallas and Houston offices. Moore has been recognized in the Legal 500 U.S. for his work in mergers and acqusitions and was listed in The Best Lawyers in America for his work in corporate law, mergers and acquisitions and securities law.
John E. Holleran left Ernst & Young
L.L.P. and is now senior vice president of compliance at Moody’s Corp. in New York City.
Scot A. Duvall is listed as a Kentucky Super Lawyer for his work in intellectual property. Duvall was also recognized in the 2011 Chambers USA as a top lawyer in intellectual property. Duvall is a director at Middleton Reutlinger in its Louisville, Ky., office and has practiced in the field of trademarks and intellectual property for nearly 20 years.
J. Joshua Scribner Jr. is currently
assistant general counsel at MetLife in New York, where he has lead responsibility over the company’s international employment law area.
David H. Timmins was listed among the Best Lawyers in Dallas in the June 2011 edition of D Magazine. Timmins works at Gardere Wynne Sewell L.L.P., where he focuses on business litigation.
Michael R. Barre opened his own law firm in Austin, Barre Law Firm P.L.L.C, in the spring of 2011. Its primary focus is patent law.
W. Brantley Phillips Jr. and his law
firm were recently honored with the Tennessee Bar Association’s 2011 Corporate Counsel Pro Bono Initiative Award for work done as a part of a multi-year clemency petition effort on behalf of a Tennessee death-row inmate, Edward Jerome Harbison. Phillips lives in Nashville.
Michael S. Speakman ’87L and Ray Ruhlmann ’85L and the Hon. Dandrea Miller Ruhlmann ’87L took their families on a summer trip to Niagara Falls, N.Y. The three had visited Niagara Falls as law students in 1985. From l. to r.: Lauren Speakman, Mike, Landon Speakman, Susan Speakman, Olyvia Ruhlmann, Dandrea, Trey Ruhlmann and Ray.
Caryn Rivett West was named
a Rising Star in the 2011 edition of Virginia SuperLawyers. She works at Clarke, Dolph, Rapaport, Hull, Brunick & Garriott in Norfolk.
Joseph A. Kaufman was elected
partner at Carroll, Burdick & McDonough L.L.P. in Los Angeles, where he has practiced product liability, consumer warranty and commercial litigation since joining the firm in 2006. He lives in Pasadena, Calif., with his wife, Kelly, and their daughter Amelia, 2.
Matthew P. Ward was promoted to partner at Womble Carlyle Sandridge & Rice. Ward practices bankruptcy and creditors’ rights law in the firm’s Delaware office.
Marie E. Washington opened her
own law firm in Warrenton, Va. The Law Office of Marie Washington P.L.C. specializes in estate planning, civil litigation, business law and domestic relations.
Michelle U. Rosenthal was named
a 2011 Rising Star by Washington Law & Politics magazine in the category of energy and natural resources. Michelle works at Garvey Schubert Barer in Seattle.
Brian A. Berkley of Pepper Hamil-
ton L.L.P has been appointed co-chair of the Unfair Trade Practices Subcommittee of the Business Torts Litigation Committee of the American Bar Association’s Section of Litigation. Berkley is an associate in the Philadelphia office of Pepper Hamilton, focusing on commercial litigation. As co-chair, he will help lead the creation of programs and materials updating business litigators on developments in unfair trade practices litigation, add news and developments to the Business Torts Litigation Committee website and recruit new lawyers to the ABA, the committee and subcommittee.
Katherine Suttle Weinart was
appointed to the Birmingham, Ala., Young Professionals United Initiative.
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Hans P. Dyke accepted a position at
Kirkland & Ellis L.L.P. in Washington.
Erika M. Walker-Cash is the as-
sistant director, Office of Academic Achievement, at John Marshall Law School in Atlanta.
Richard W. Hartman III is opening
his own firm in Vienna, Va. The Law Office of Richard W. Hartman III Attorney & Counselor at Law will focus on trust and estate law, guardianships and conservatorships, guardian ad litem services and small business law, while maintaining a general practice to meet the various needs of clients.
Seth M. Mott is assistant general
counsel of Marcus & Millichap Real Estate Investment Services. He is based in the firm’s Salt Lake City
Congratulations to Isaac N. “Ike” Smith Jr. ’57, ’60L, one of six West Virginia business leaders inducted into the inaugural class of the new West Virginia Chamber of Commerce Hall of Fame. Smith is the former president and CEO of Charleston-based Kanawha Banking & Trust Co. and Intermountain Bancshares. He has served as chairman of the West Virginia Association of Independent Colleges and Universities and Charleston Area Chamber of Commerce and as a district governor for Rotary International. A trustee emeritus of W&L, Smith also managed four family land companies: Kanawha City Co, West Virginia Coal Land Co., Kanawha Co., and Roxalana Land Co. These four companies merged to form a new company, Kanawha-Roxalana Co., and Smith is president and CEO.
office. Previously, he was a member of the litigation section for Van Cott, Bagley, Cornwall & McCarthy, with a practice focused on general civil and commercial litigation.
Angela F. Littlejohn is the legal advisor for Furman University. She lives in Seneca, S.C.
Ryan M. Hankins works for Consol Energy as a land agent in Monongah, W.Va.
She works for Bradley, Arant, Boult and Cummings L.L.P. and handles business disputes for plaintiffs and defendants and represents manufacturers and companies in personal injury, products liability and other consumer claims.
Pakapon Phinyowattanachip is
an associate at McCandlish Holton, working in the litigation department. Prior to joining McCandlish Holton, he clerked for The Hon. C. Clarke Raley of the Circuit Court for St. Mary’s County, Maryland. As a law clerk, he drafted opinions and orders on a wide variety of civil and criminal matters. He lives in Richmond.
Weddings Francis D. McWilliams IV ’01, ’09L to Amy Kugali on May 28, in
Houston. Francis is a lawyer for the Harris County District Attorney, and Amy works in marketing for Idera, a computer software company.
Brandon D. Almond ’07L to Amy
Dean, on July 16. The couple reside in Arlington, Va.
Diana L. Grimes ’07L to Jason
Palmer on May 28, in Des Moines, Iowa. Kai-Ting Yang ’07L was a bridesmaid, and Molly Donnelly ’07L also attended.
Steven M. Johnson ’97L and his
The New Jersey State Association of Chiefs of Police presented the 2011 President’s Award to Vito A. Gagliardi Jr. ’89L “in honor and grateful recognition of your tireless efforts on behalf of the association and the law enforcement profession.” Gagliardi, a principal of Porzio, Bromberg & Newman P.C., in Morristown, N.J., has served the association as general counsel for the last 15 years, during which time he has handled various noteworthy cases on behalf of the association and its members. He also specializes in employment and education law.
wife, Tina, a son, Nicholas Arlo Johnson, on May 11. They live in Brunswick, Maine.
Joseph A. Seiner ’98L and his wife, Megan, a daughter, Mary, on July 20. They live in Columbia, S.C.
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worked for the Internal Revenue Service as a lawyer in its general litigation division.
James A. Anderson III ’49, ’51L, of Tybee Island, Ga., died on June 11. He served in the Army during World War II. He began a tax law practice in Pittsburgh, then joined Ashland Oil, where he served as chief tax counsel. He later established a private law practice in Kentucky. He was a member of Beta Theta Pi.
Marvin C. Bowling Jr. ’51L, of Pow-
Many of the Hon. John H. Tisdale’s law clerks helped him celebrate his retirement in Myersville, Md., in June. Posing with their walking sticks are (from l. to r.) Ian Bartman, G. Calvin Awkward III ’06, ’09L, Rebecca Clinton ’07, ’10L, Tisdale, Jillian DiLaura ’06L, Jennifer Hubbell ’08L and Loren Villa ’02L. The Maryland State Bar Association honored Judge John H. (Hamp) Tisdale ’74L with the 2011 Anselm Sodaro Award for Judicial Civility. He has been associate judge of the Frederick (Md.) County Circuit Court, 6th Judicial Circuit, since January 1995. Tisdale was praised for “his deep regard for those appearing before him by treating all with courtesy, dignity and respect. He has been described as ‘the epitome of judicial temperament, a gentleman and a scholar, with apparently unlimited patience and a genuine civility toward jurors, litigants, witnesses and attorneys.’ ” A graduate of the U.S. Naval Academy, Hamp entered W&L after four years of active duty in the Navy during the Vietnam War. He had a general practice in Frederick before being named to the circuit court.
Lindsey Duran Sberna ’03, ’06L and Nicholas Sberna ’02, a daugh-
ter, Hadley Virginia, on April 27. The family live in Dallas, where Lindsey practices employment law at Fulbright & Jaworski L.L.P., and Nick teaches humanities at St. Mark’s School of Texas.
C. Michael Kvistad ’04L and Jamie McKee Kvistad ’04L, a daughter,
Eugenia Claire, on May 13. Michael is a partner with the Anderson Hunter Law Firm in Everett, Wash., and Jamie is a public defender with the Associated Counsel for the Accused in Seattle. They live in Seattle.
Todd Carroll ’05L and his wife, Erin, a son, Hayes Claxton, on May 5. He joins brother Hudson, 2. The family live in Columbia, S.C.
Lauren Troxclair Lebioda ’06L and Nathan Lebioda ’06L, a son, Henry Joseph, on July 28. They live in New York City. 26
Donald M. Houser ’07L and his
wife, Katie, a son, William MacKaye, on June 8. They live in Atlanta.
Amanda Anderson Schmitt ’08L and Michael Schmitt ’07L, a daughter, Caroline Hope, on Jan. 15. She joins sister Lucy, 4. Michael works for Ortale, Kelley, Herbert & Crawford, in Nashville.
Obituaries The Hon. Roscoe B. Stephenson Jr. ’43, ’47L, of Covington, Va., died
on May 30. Stephenson practiced law in Covington and served as Alleghany County commonwealth’s attorney. Stephenson was elected as a judge to the 25th circuit, and stayed in the position until his election to the Virginia Supreme Court in 1981.
James H. Murphy ’48L, of Palm
Beach, Fla. died on April 3, 2009. He
hatan, Va., died on April 28. Bowling worked for Lawyer’s Title Insurance Corp. of Richmond, serving as general counsel, president and chief operating officer. He was president of the American Land Title Association.
The Hon. Leslie L. Mason Jr. ’51L, of Powhatan, Va., died Sept. 9. Mason was an Army veteran of World War II. He served as a county judge and was a juvenile and domestic relations judge for the 11th Judicial District. Following his retirement, he continued to serve as substitute judge throughout the commonwealth. Mason was a co-founder of Central Virginia Bank in the early 1970s. He was the father of Lee Mason Baker ’86L. Mason was a member of Phi Kappa Psi.
Ernest H. Clarke ’52, ’58L, of New
Bern, N.C., died Sept. 1. Clarke enlisted in the Navy during the Korean War and served on the destroyer U.S.S. The Sullivans. He practiced law for 16 years in Louisville and moved to Columbus, Ohio, where he taught law at Capital University. He was a member of Sigma Nu.
Herbert B. Moller Jr. ’53L, of At-
lantic Beach, Fla., died on Feb. 26. He worked for the Foreign Service as vice council and later as council in Africa, Europe and South America.
David Franklin Guthrie Jr. ’56L, of Halifax, Va., died on Oct. 14. He practiced law in Halifax for more than 50 years and served on the town council for 12 years. He also was the Halifax Police Court justice, and he served as secretary on the Commission for the Visually Handicapped.
Thomas L. Feazell Jr. ’62L, of Amelia Island, Fla., died Aug. 11.
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Col. Ronald J. Kaye ’65L, of
Oceanside, Calif., died Aug. 18. Kaye served in the Marine Corps for 28 years. He was an F-4 pilot, as well as a military judge and lawyer.
Thomas D. Lester ’65L, of Detroit,
Mich., died July 25. He worked at Solaronics Inc. in Rochester, Mich., as the vice president of marketing.
Ralph C. Wiegandt ’62, ’68L, of
Fincastle, Va., died on July 11. He served in the Army with the artillery as a first lieutenant. He was an attorney with Wiegandt & Doubles P.C. He was a member of Phi Kappa Sigma.
Angelica D. Light ’75L received an
Honorary Alumna Award from Old Dominion University for her community service in the Hampton Roads area. Light is president and CEO of the Hampton Roads Community Foundation, based in Norfolk. She joined the foundation (originally The Norfolk Foundation) in 1999, after 20 years as an attorney, first with Norfolk Southern and then Shenandoah Life in Roanoke, where she had helped establish a community foundation for the Roanoke Valley. The foundation has thrived under her leadership. Assets and annual grants and scholarship distribution have more than doubled to $244 million, and the foundation awarded more than $12.3 million in grants and scholarships last year. One of the first programs that Light helped develop responded to a study that showed one out of five kindergartners in the area was unprepared for school. The foundation helped get Smart Beginning South Hampton Roads off the ground, and Light chairs the program. Other initiatives during her tenure have included the Academy for Nonprofit Excellence and the Charters Basic Needs Relief Program. She is retiring from the foundation next year but plans to stay involved in promoting quality early-childhood education.
Feazell enjoyed a 34-year career with Ashland Inc., in Kentucky, retiring in 1999 as the senior vice president, general counsel and secretary. He held directorships in Ashland Coal Inc., National City Bank of Ashland, the Marshall University Foundation Inc. and the Ashland Public Education Foundation.
Patrick K. Arey ’69, ’76L, of
Severna Park, Md., died July 31. Arey was a captain in the Army and served in Vietnam. He was a public finance attorney, most recently at Abramoff, Neuberger, and Linder in Baltimore. He served in leadership positions in the National Association of Bond Lawyers and the American
Thomas N. McJunkin ’70, ’74L, a member
of the W&L Board of Trustees, died at his home in Charleston, W.Va., on Oct. 8. He was 62. An attorney with the Charleston firm Jackson Kelly P.L.L.C., McJunkin was a member of the firm’s corporate business practice group. He focused on energy, natural resources and business law. Before joining Jackson Kelly in 1984, he clerked for the U.S. Fourth Circuit Court of Appeals, worked for the D.C. law firm of Hogan & Hartson, and served as general counsel and later president of Amherst Coal Co.
Bar Association, where he was chair of the Section on Local Governments and Public Finance. Arey served on the boards of St. Martin’s in the Field Episcopal Day School, Episcopal Social
McJunkin served his alma mater as a passionate and dedicated volunteer, including, in the last decade, as a member of the board. As an undergraduate, he was elected to Omicron Delta Kappa and captained both the football and tennis teams. He served as president of the Varsity Club and belonged to Phi Delta Theta social fraternity. As a law student, he was editor in chief of the Washington and Lee Law Review. McJunkin was an active member of the University’s Alumni Association, serving as a class chairman for the Annual Fund and as a member of the Washington Society, the Law School Capital Campaign
Ministries, the Haiti Partnership and Maryland Episcopal Cursillo, and was a founding member of the Episcopal Housing Corp. He was the brother of Stephen E. Arey ’75L.
Committee, the Law Council and the Alumni Board of Directors. He was on the board of the Charleston Chapter. In 2000, the Alumni Association presented him with its Distinguished Alumnus Award. He also served on the Alumni Advisory Board of W&L’s Shepherd Program for the Interdisciplinary Study of Poverty and Human Capability. In 2010, he made a gift to the University to establish The McJunkin Endowment for Student Engagement, which supports students in curriculum-related projects that engage them in addressing the greatest social and policy issues of their time. He was the father of Allison ’04L and Jennifer ’04 and brother to Brittain ’69.
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Law Firm ClassGiving Notes
2010 - 2011 Law Firm Giving Competition
Alumni (undergraduate and law) continue to support theW&L Annual Fund at impressive rates. Here is the list of firms that reached 75 percent or greater participation. We thank the law firm liaisons (listed below) who solicited Annual Fund gifts from their colleagues. We appreciate your support. Firm
Law Firm Liaison
Baker & McKenzie Baker, Donelson, Beamer, Caldwell & Berkowitz Burr & Forman Christian & Barton L.L.P. Crenshaw Ware & Martin Dickstein Shapiro L.L.P. Dinmore & Shohl Fulbright & Jaworki L.L.P. K&L Gates L.L.P. Klinedinst P.C. Lightfoot, Franklin & White L.L.C. Moore & Van Allen P.L.L.C. Ober/Kaler Robinson, Bradshaw & Hinson P.A. Stites & Harbison Waller, Lansden, Dortch & Davis P.L.L.C. Balch & Bingham L.L.P. Bryan Cave L.L.P. Haynsworth Sinkler Boyd P.A. Jackson Walker L.L.P. Morgan Lewis & Bockius L.L.P. Womble, Carlyle, Sandridge & Rice Elli Lawhorne & Sims Gentry, Locke, Rakes & Moore Glenn, Feldmann, Darby & Goodlatte Miles & Stockbridge Miller & Martin PLLC Richards, Layton & Finger Bradley Arant Boult Cummings L.L.P. Hirschler Fleischer Hunton & Williams L.L.P. JonesDay LeClair Ryan McGuire Woods L.L.P. Ogletree Deakins Spilman, Thomas & Battle Vinson & Elkins L.L.P. Alston & Bird Holland & Knight L.L.P. Huddleston Bolen L.L.P. Jackson Kelly Jones Walker King & Spalding L.L.P. Sidney Austin LLP Troutman Sanders L.L.P. Whiteford, Taylor & Preston Wiley Rein L.L.P. Williams Mullen
Thomas J. Egan Jr. ’83L Buckner P. Wellford ’81L John C. Morrow ’85L David D. Redmond ’66, ’69L Donald C. Schultz ’89L Suart B. Nibley ’75, ’79L Monika J. Hussell ’93L James H. Neale ’81L Indrajit Majumder ’93L John D. Klinedinst ’71, ’78L Lee M. Hollis ’86 Thomas L. Mitchell ’93L John A. Wolf ’69, ’72L Heyward H. Bouknight III ’04L James D. Humphries II ’66, ’69L G. Scott Rayson ’81L Aaron L. Dettling ’97L
100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 95% 95% 95% 95% 95% 95% 90% 90% 90% 90% 90% 90% 85% 80% 80% 80% 80% 80% 80% 80% 80% 75% 75% 75% 75% 75% 75% 75% 75% 75% 75% 75%
Jeffrey M. Sone ’78 James J. Kelley II ’74L Heather K. Mallard ’88L William R. Harbison ’87, ’90L G. Michael Pace Jr. ’84L Paul G. Beers ’86L Timothy A. Hodge Jr. ’90L Stanley G. Brading Jr. ’79L Samuel A. Nolen ’79L, Kathleen A. Kelley ’00L Paul S. Ware ’86L, Anne R. Yuengert ’89L Glenn R. Moore ’69, ’74L Thomas M. Millhiser ’81L, Stacy M. Colvin ’93L The Hon. Walter D. Kelley Jr. ’77, ’81L John T. Jessee ’79L, Michael E. Hastings ’93L, Tracy T. Hague ’97L William C. Mayberry ’91L Amy R. Condaras ’02L Blas P. Arroyo ’81L, Susan B. Molony ’00L Gregory J. Digel ’70, ’73L Thomas J. Murray ’73, ’76L Thomas N. McJunkin ’70, ’74L* Edward B. Crosland Jr. ’66, ’70L James K. Vines ’81, ’88L Michael P. Peck ’71 Stephen D. Rosenthal ’71, ’76L, Robert L. Brooks ’81 Carol L. Hoshall ’83L, Bradford F. Englander ’85L Bennett L. Ross ’83 A. Brooks Hock ’80, ’83L, Elizabeth M. Horsley ’94L *deceased
12/19/11 8:51 PM
Ways to Give A campaign priority is to build a wing to accommodate the third-year program. The new facility will provide a professional environment with a trial courtroom and conference rooms to interview clients, convene a team to discuss a case or mediate a matter. It will also house visiting professors of practice, as well as W&L’s six clinics. Gifts for the wing will qualify for a match offered by the University. If the Law School is successful in raising a total of $5 million for the new wing, the University will provide the remaining funds necessary for construction. Alumni, as well as friends and parents, have championed the project through major donations. For more information about W&L’s capital campaign, contact Elizabeth Outland Branner at brannere@ wlu.edu or (540) 4588191.
Eric A. Anderson ’82L, vice chairman of Credit Suisse Securities (USA) L.L.C., made a $250,000 commitment. “This idea was a little avantgarde, but you need to take chances to succeed,” Anderson said. “From everything I have heard from students, professors and employers, the program has been a success. The practicums allow law students to apply what they have learned, which will make them better employees when they do join a firm.” He added, “This is a difficult environment for fund-raising. While nothing lasts forever, there is a sense of permanence to this gift, and a sense of purpose to the contribution to an institution that is going to survive and continue to prosper.”
The Hon. Walter D. Kelley Jr. ’77, ’81L, a former U.S. District Court judge, is now a partner in the Washington office of Jones Day. Kelley has made a six-figure commitment to the building project, as well as a substantial gift to the Annual Fund. “I thought it was important to give back to the Law School by continuing in a small way what Frances and Sydney Lewis ’40, ’43L started when they donated Lewis Hall in the first place,” he said. Kelley has designated most of his gift to accommodate the Third-Year Program. “The Law School is in transition in terms of how it is teaching students, moving from a purely academic format to a more hands-on practical method,” said Kelley. “The new Third-Year Program gives students the opportunity to apply the legal principles they have learned; it teaches them to operate in the real world. I designated my gift for Lewis Hall because the school needs the facility to make this transition.”
Richard H. Middleton Jr. ’73, ’76L donated $600,000, designating his gift for the proposed trial courtroom. Middleton, a practicing trial attorney with the Middleton Firm in Savannah, Ga., returns to Lexington every spring to guest lecture in the Trial Practice class. “The Third-Year Program is a great addition to the law school curriculum,” said Middleton. “It is critical that graduates have a practical understanding of law, not merely a theoretical grounding.” Middleton expects the Middleton-Vellines Trial Court Room will enhance students’ courtroom experience. “I have a deep and abiding love for the University. Having been successful in trial law, I felt it my obligation, not simply an honor, to give back to the school that created that opportunity for me.”
Andrea K. Wahlquist ’95L, a partner at Simpson Thacher & Bartlett in New York City, committed $100,000. “Law school often does not prepare students for the actual practice of law at a law firm,” observed Wahlquist. “I took tax law classes, which gave me a solid substantive background, but when I got to Simpson Thacher I realized practicing law was more than just knowing the rules. In a more remote environment like Lexington, it is extra important to have practicums in which students can learn what it is like to practice law. Practicums will help the students become better lawyers,” she said.
1/25/12 4:16 PM
The Washington and Lee University Law Alumni Magazine
Non Profit Org
L e x i n g t o n ,
P e r m i t
V i r g i n i a
P o s t a g e
N o r f o l k,
Members of the Law Council offer career planning advice to law students. From l. to r.: Law Council President Jim Ferguson ’88L, Katie Boone ’06L, Michael Cohen ’90L, Hal Clarke ’73, ’76L and Peebles Harrison ’92L. Learn more about the alumni mentoring program at law.wlu.edu/career/page.asp?pageid=1034.
1/25/12 4:16 PM