The Washington and Lee School of Law Magazine
Fall / Winter
Tim Kilgallon ’84
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .
CEO of Free & Clear
Law and Order
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ad d r e s s i n g Wa r t i m e I s s u e s
Les Quezaire ’92 . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .
Runs for Office
12/18/08 1:23:38 PM
Louise Halper R
e m e m b e r i n g
Over Homecoming Weekend Oct. 3 – 4, alumni, faculty, staff and friends gathered in the Millhiser Moot Court Room to remember Louise Halper, director of the Lewis Law Center and professor of law. Halper died unexpectedly following complications from surgery on June 21. She was 63.
Halper joined the law faculty in 1991 after practicing public interest law for 15 years. At W&L, she taught in the areas of property, jurisprudence, critical legal theory and environmental law. During her academic career, she published and traveled widely and held many distinguished visiting positions at institutions in Europe, the Middle East and the United States, including a year as a visiting professor at Harvard Law School in 2005. In July 2007, Halper took the helm of the Frances Lewis Law Center, the research and faculty support arm of the School of Law. As director, she organized numerous faculty workshops and visiting lectures, and oversaw the completion of the yearlong series of symposia and lectures honoring the legacy of Supreme Court Justice Lewis F. Powell ’29A, ’31. In recent years, Halper’s research and scholarship focused on law and gender in the Middle East, and she spent part of one sabbatical in Iran and served as a Fulbright Fellow and visiting scholar in Turkey. At W&L, she organized and hosted a symposium in March 2007 titled “Gender-relevant Legislative Change in Muslim
and Non-Muslim Countries.” The Frances Lewis Law Center jointly sponsored the program with the Islamic Legal Studies Program at Harvard Law School. Over the years, Halper served as an advisor to numerous law student organizations, including the Black Law Students Association, the Environmental Law Digest and the Journal of Civil Rights and Social Justice. As Lewis Law Center director, she worked with the editors of CRSJ to organize a symposium on sexual orientation and the law, “A Queer Definition of Equality,” the first scholarly event of its kind at W&L. Halper received her B.A. from Brandeis University in 1967 and her J.D. from Rutgers University School of Law in 1973. In 1991, she received an LL.M. from New York University following a distinguished career in public interest law, which saw her appear at every level of state and federal court, including the Supreme Court of the United States. She is survived by her husband, Fred, a psychology professor at Essex County College in Newark, N.J., and their grown sons, Jacob and Reuben.
Visit law.wlu.edu/halper to watch the memorial service
12/18/08 1:24:09 PM
War and Peace
Alumni, faculty and students are finding ways to bring law and order to issues arising from the wars in Afghanistan and Iraq. By and
A Healthy Business
CEO Tim Kilgallon ’84 heads up a company dedicated to helping others quit bad habits. B y A n d y Th o m p s o n
Les Quezaire ’92 threw his hat into the race for Florida’s 109th District. By
d e p a r t m e n t s
2 Dean’s Message
A Lawyer in the Arena
3 N e w A p pointm ents
Mary Natkin ’85, Rod Smolla and Peter Jetton
4 Di s c over y
Meet the first years, Hill House, summer experiences and moot court roundup ..........................................................
8 F ac u l t y Dis tinc tions
Publications and presentations
26 L aw Notes
Alumni profiles and accomplishments
.......................................................... Cover photo by Kathy Sauber
12/18/08 2:03:39 PM
D e a n ’ s
M e s s a g e
The Lawyer in the Arena Volume 9
2 0 0 8
© Wa s h i n g t o n a n d L e e U n i v e r s i t y
I Executive Director of Communications and Public Affairs
Peter Jetton I Director of Communications for the School of Law
I Editor, Law Magazine I Senior Writer/Editor Kelli Austin ’03A I Class Notes Editor Louise Uffelman Julie Campbell
Patrick Hinely ’73A, Kevin Remington
Jim Goodwin, Laurie Lipscomb, Denise Watts I Graphic Designers Bart Morris, Morris Design
Published by Washington and Lee University, Lexington, Va. 24450. All communications and POD Forms 3579 should be sent to Washington and Lee Alumni Inc., Lexington, Va. 24450. Periodicals postage paid at Norfolk, Va. Board of Trustees
J. Donald Childress ’70A, Rector Kenneth P. Ruscio ’76A, President Robert M. Balentine Jr. ’79A (Atlanta) Andrew N. Baur ’66A (St. Louis) Frederick E. Cooper ’64A (Atlanta) Kimberly T. Duchossois (Barrington, Ill.) Mark R. Eaker ’69A (Herndon, Va.) J. Hagood Ellison Jr. ’72A (Columbia, S.C.) Jorge E. Estrada ’69A (Buenos Aires) J. Scott Fechnay ’69A (Potomac, Md.) William H. Fishback Jr. ’56A (Ivy, Va.) J. Douglas Fuge ’77A (Chatham, N.J.) Benjamin S. Gambill Jr. ’67A (Nashville, Tenn.) William R. Goodell ’80 (Bronxville, N.Y.) Robert J. Grey ’76 (Richmond) Bernard C. Grigsby II ’72A (Lexington, Va.) Ray V. Hartwell III ’69A, ’75 (McLean, Va.) Peter C. Keefe ’78A (Alexandria, Va.) John D. Klinedinst ’71A, ’78 (Rancho Santa Fe, Calif.) John M. McCardell Jr. ’71A (Middlebury, Vt.) Thomas N. McJunkin ’70A, ’74 (Charleston, W.Va.) Jessine A. Monaghan ’79 (Washington) Michael H. Monier ’62A (Wilson, Wyo.) Harry J. Phillips Jr. ’72A (Houston) Robert E. Sadler Jr. ’67A (Buffalo, N.Y.) Hatton C.V. Smith ’73A (Birmingham, Ala.) Martin E. Stein Jr. ’74A (Jacksonville, Fla.) Warren A. Stephens ’79A (Little Rock, Ark.) Sarah Nash Sylvester (New York City) Charlie (C.B.) Tomm ’68A, ’75 (Jacksonville, Fla.) John W. Vardaman Jr. ’62A (Washington) Thomas R. Wall IV ’80A (New York City) Alston Parker Watt ’89A (Thomasville, Ga.) William M. Webster IV ’79A (Spartanburg, S.C.) Dallas Hagewood Wilt ’90A (Nashville, Tenn.) John A. Wolf ’69A, ’72 (Baltimore)
As our nation and world confront daunting political and economic challenges, foreign and domestic, we are desperately in need of citizens willing to enter the fray as leaders, motivated to serve the common good and guided by honor. The word honor is especially important at Washington and Lee. Genuine honor should mean much more than honesty in the everyday sense, much more than integrity or civility. Honor also connotes courage, the willingness to bravely enter the fight and stand up for something one believes in, something larger and more resonant than one’s self. These are the values we offer to a struggling nation. Contemplating our mission as stewards of W&L Law, I find inspiration in the words of Theodore Roosevelt, the 26th president of the United States:
It is not the critic who counts, not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man in the arena, whose face is marred by dust and sweat and blood, who strives valiantly…who knows the great enthusiasms, the great devotions, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat.
The arena has always been invigorating to me. My life as a teacher and a scholar has been enriched by my continuing participation in the profession as a litigator and leader. My work in courtrooms and boardrooms has deepened the quality of my work in classrooms. I am proud that our faculty and administrators at Washington and Lee have been role models for our students, entering the arena, living strenuous lives of engagement as scholars in the marketplace of ideas, as champions for legal reform, as participants in litigation, legislation and civic leadership. I am proud that we are now bringing the arena to the Law School, by boldly redesigning our curriculum so that it serves as a meaningful bridge to future professional life. Above all, the future rests with our students. We must challenge our students to be men and women in the arena. We must challenge them to take up the Washington and Lee traditions of leadership, service and honor. These words must be more than verbal confetti. They must instead become the core defining values of our students’ professional lives. These are the values of Washington and the values of Lee. These are the values of the countless graduates of Washington and Lee who have, in Roosevelt’s words, spent themselves in a worthy cause. These are the values that ensure that the graduates of Washington and Lee will continue to serve and lead the world, entering the arena with genuine honor.
– Rodney Smolla Dean of the Law School and the Roy L. Steinheimer Jr. Professor of Law W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:03:50 PM
Washington And Lee
Mar y Z. Natkin ’85, clinical professor of law, has been named assistant dean for Clinical Education and Public Service. Natkin will oversee one of the chief initiatives of the Law School’s new thirdyear curriculum: providing each student with a real law practice experience. Natkin will administer clinical and externship programs the School currently offers and manage the public service component of the third-year experience, developing opportunities for students to serve the legal profession or in communities throughout the region. Public service projects may include outreach to elder citizens, assistance to homeowners facing foreclosure or juvenile outreach programs. As assisstant dean, Natkin will develop a standardized curriculum and methodology for the School’s clinical, externship and public service offerings. Her goal is to ensure that students acquire fundamental legal skills regardless of the kind of practice they pursue. She also will develop new hands-on opportunities with various law firms, government agencies and public service organizations to meet the requirement that all third-year students have interaction with lawyers or clients in actual practice settings.
University L aw A l u m n i A s s o c i at i o n
A. Carter Magee Jr. ’79, President (Roanoke) W. Hildebrandt Surgner Jr. ’87A, ’94, Vice President (Richmond) J. I. Vance Berry Jr. ’79, President (Ponte Vedra Beach, Fla.) Darlene Moore, Executive Secretary (Lexington) Law Council
Eric A. Anderson ’82 (New York City) Peter A. Baumgaertner ’83A, ’86 (New York City) T. Hal Clarke, Jr. ’73A, ’76 (Charlotte, N.C.) Michael P.A. Cohen ’90 (Washington) Thomas E. Evans ’91 (Rogers, Ark.) James J. Ferguson Jr. ’88 (Dallas) Thomas J. Gearen ’82 (Chicago) Betsy Callicott Goodell ’80 (Bronxville, N.Y.) Nathan V. Hendricks III ’66A, ’69 (Atlanta) Thomas B. Henson ’80 (Charlotte, N.C.) A. John Huss ’65 (St. Paul, Minn.) Chong J. Kim ’92 (Atlanta) The Hon. Everett A. Martin, Jr. ’74A, ’77 (Norfolk, Va.) The Hon. Mary Miller Johnston ’84 (Wilmington, Del.) Andrew J. Olmem ’96A, ’01 (Arlington, Va.) David T. Popwell ’87 (Memphis, Tenn.) Lesley Brown Schless ’80 (Old Greenwich, Conn.) Richard W. Smith ’98 (Washington) Stacy Gould Van Goor ’95 (San Diego) Andrea K. Wahlquist ’95 (New York City)
Administrative Appointments Peter T. Jetton has been named director of communications for the W&L School of Law. For the last three years, Jetton has served as Web and communications specialist for the Law School. He will coordinate all communications activities for the School of Law, including strategic planning, news and event promotion, publications, media relations and internal communications. In addition, he will manage Web and e-mail communications and the growing repository of digital content the Law School produces. Jetton earned a B.A. in English from Dickinson College in 1994 and an M.A. in English from North Carolina State University in 1998. Prior to joining the University in 2000, he taught rhetoric and composition at James Madison University. He was also employed as a project manager in the Professional Services division of SAS Institute. Dean Rodne y L. Smolla has been named to the Roy L. Steinheimer Jr. Professorship in Law. “While Dean Smolla’s new appointment recognizes his outstanding personal accomplishments as a scholar, teacher and leader in higher education, I also want to congratulate the faculty at the School of Law for all they have accomplished together under Dean Smolla’s leadership for the Law School and for Washington and Lee,” said Provost June Aprille. Established in 2004 by alumni and friends, the professorship honors Roy L. Steinheimer Jr., who served as dean of the School of Law from 1968 to 1983. The first dean to come from outside the W&L faculty, Steinheimer instituted admissions policies that made the Law School a stronger national institution with a more diverse student body. Sydney Lewis Hall also was planned and constructed during Steinheimer’s tenure as dean. Smolla was also named a 2008 Leader in the Law for his work on Washington and Lee Law School’s innovative third-year curriculum reform. The award comes from the legal publication Virginia Lawyers Weekly and honors lawyers across the commonwealth who are changing practice, advancing the law, improving the justice system and setting the standard for other lawyers.
F a ll / W i n t e r
2 0 0 8
Law Council Emeritus
Robby J. Aliff ’91A, ’97 (South Charleston, W.Va.) Kimmberly M. Bulkley ’95 (Maplewood, N.J.) Christine Champlin Adams ’90A, ’93 (Somerset, Ky.) David P. Falck ’78 (Ridgewood, N.J.) John L. Griffith Jr. ’72 (Princeton, N.J.) Jenelle Mims Marsh ’81 (Tuscaloosa, Ala.) Susan Ballantine Molony ’00 (Charlotte, N.C.) James E. Nicholson ’77 (Edina, Minn.) William H. Oast, III ’71A, ’74 (Portsmouth, Va.) Robert W. Ray ’85 (Long Branch, N.J.) Jerrald J. Roehl ’71 (Albuquerque, N.M.) Carla J. Urquhart ’96 (Alexandria, Va.) David G. Weaver ’81 (Roanoke) William A. Worthington ’76 (Houston)
Write to W&L Law By Mail: Elizabeth Outland Branner Director of Law School Advancement Sydney Lewis Hall Washington and Lee School of Law Lexington, Va. 24450 By E-Mail: email@example.com By FAX: 540-458-8488 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 University or the Law School.
12/18/08 2:04:13 PM
D i s c o v e r y
Faces in the Crowd
comed 128 students into the J.D. Class of 2011. As alw ays, these , W&L Law wel young ich our community with their credentials and experien r n e n e m o w d n a ces. n me little about themselves and their backg a k l a t o t s L 1 r u o f rounds. We asked
Here they are, in their own words.
Yoojin Kong University of California, Irvine, B.A. in literary journalism Why do you want a law degree? Simply put, I want a law degree because I want to become a lawyer; that is to say, my intention is to practice. When I first applied to law school, I had a lot of erroneous conceptions about it—that law school would teach me to practice law, which may very well happen to some degree under the new third-year program. But now that I’m actually here, I realize that there’s more to it than that. Not only am I being taught to think like a lawyer, but the study of law is widening my interest in other areas of the world—history, government policy, international politics, economics and anthropology come to mind. To me, a law degree is the opportunity to become a more developed and compassionate person. Why W&L? I believe the best way to learn is to enjoy the experience. Frankly, I was appalled to learn of some of the gunner tactics that can be so prevalent in other law schools, which I think are unnecessary and detrimental for both the gunner and those around him or her. The Honor System at W&L is a really special part of the school that is just so indicative of the honesty, integrity and kindness that define the W&L community. Now that I am here, 4
I can fully appreciate the difference that makes. Did you work before entering law school, and if so, where? I worked as a paralegal under a solo practitioner who specialized in personal injury claims, which only reinforced my desire to be my own boss someday. I also worked as a newsletter editor and graphic designer for a local non-profit called Aama Projects, which strives to bring education, food, clean water and solar energy to underprivileged villages in Nigeria and Nepal. What are you most looking forward to in your three years here? Spending the next three years with some of the greatest people I have ever met, and just taking things as they come to expand and enrich my perspective on life. Robbie Clarke W&L ’06, B.A. in Spanish Why do you want a law degree? After spending only two years outside of academia, the value of a graduate degree in general became incredibly apparent. This is certainly true in terms of selling oneself to potential employers. However, my real motivation is that I sensed that my education was not quite finished upon graduating from W&L. Knowing that I wanted to join the professional world, but not W & L
L a w
wanting to commit myself through a highly specialized degree, I chose law school as a way to build upon my earlier work in a way that would both prepare me for a wide array of options and allow me to work in a number of fields. Why W&L? I am fortunate to have quite a family history at W&L: my grandfather attended W&L undergrad for three years and graduated from the Law School in 1938, my father graduated from the undergrad in 1973 and the Law School in 1976, my mom from the Law School in 1976 (the second class of women at W&L Law) and my brother from the undergrad in 2005. And I graduated from the undergrad in 2006. So in addition to its law school’s outstanding reputation, W&L was on my radar already. Yet in visiting law schools that matched my criteria, W&L stood out on its own merits as well. The size, of course, is an appealing factor, but also the quality of the students and the interaction in the classrooms set W&L apart. It is a school for students first, not law firms. By that I mean that it appears to focus on developing the students into law professionals with emphasis on the overarching principles instead of molding students into marketable lawyers. Did you work before entering law school, and if so, where? Although I was strongly considering law A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:04:25 PM
D i s c o v e r y school during my senior year at W&L, I decided to take some time off by teaching high school Spanish. I worked at the Blue Ridge School, an all-boys, all-boarding school near Charlottesville, Va. I lived, taught and coached on campus. The challenges I faced there stemmed mainly from my lack of teaching experience and have already proven to be a great preparation for my time here at W&L Law. What are you most looking forward to in your three years here? I sense that working with the various groups of people will be the most satisfying aspect of my time here. Motivation is not in short supply around here, and it’s energizing to be surrounded by such capable people, students and professors. I very much look forward to working in a clinic as well, putting into practice lessons I’ve learned here at W&L during my undergrad years and will learn here at the Law School. Anthony Glover Florida A&M University, B.S. in political science Why do you want a law degree? In my previous jobs, I was surprised by how frequently legal questions arose during the carrying out of the business of government. I came to law school because I want to be a part of navigating the complex legal issues that confront government agencies and the people who interact with them. Why W&L? W&L was my first choice because it does a great job combining a top-notch education, great career opportunities and a tight-knit community into one package. This is a very unique environment, and my visit made it very clear that this is where I wanted to spend the three years of law school. Did you work before entering law school, and if so, where? In state government and politics for almost four years. I’ve had the pleasure of working in different capacities under Florida governors Jeb Bush and Charlie Crist. My job included negotiating contracts, lobbying and managing marketing campaigns. What are you most looking forward to in your three years here? The Class of 2011 is the first to have the F a ll / W i n t e r
2 0 0 8
opportunity to go through the School of Law’s new third-year curriculum. I look forward to being a student in the new program and seeing its implementation firsthand. Ryan Brady University of Notre Dame, B.A. in history Why do you want a law degree? I have wanted to obtain a law degree for a number of years, but my post-college experience working in Washington confirmed and reinforced that desire. It is my hope to eventually end up back in the public sector. Why W&L? W&L’s reputation of producing great lawyers involved in many different areas of the law was an important factor for me. There seems to be a strong sense of pride associated with being a graduate of Washington and Lee. Did you work before entering law school, and if so, where? I had the unique privilege of working in the White House Counsel’s Office in the two years between undergrad and law school. What are you most looking forward to in your three years here? Continuing to build close relationships within the W&L community while receiving a first-class legal education.
Admissions Roundup Who Are They? The Numbers The median LSAT score for the entering class remained at 166, representing the 93rd percentile of all LSAT test takers. Twenty-four earned LSAT scores of 168 or higher, placing them in the 96th percentile; more than half the class placed in the top 10 percent of LSAT test takers nationwide. The median undergraduate grade point average for the class is 3.521. Twenty-eight (22 percent) have identified themselves as being members of a minority group. The class includes 53 women (41 percent) and 75 men (59 percent). The median age is 23; students range in age from 20 to 38. Nine have a family member who holds a degree from Washington and Lee. Who Are They, Really? The Back Story First-year students hail from six foreign
countries and 34 states, and they earned their undergraduate degrees at 85 different institutions. Fifty-nine join us directly from undergraduate school, while the remainder spent some time outside the world of academia before beginning their law studies. 1Ls have worked on local, state and national political campaigns, labored on Habitat for Humanity construction projects, recruited for Teach for America and raised funds for countless worthy causes. They’ve studied abroad in Spain, Switzerland, England and Australia, among other places, and traveled around the globe. Several have already begun fine-tuning the skills that might land them a Kirgis Fellowship: they’ve been counselors in undergraduate residence halls, mentors to underclassmen and tutors to their peers. Several bring finely honed student government skills to W&L Law, a few in student judicial bodies. One stalwart soul investigated alleged violations of University policy by IFC member fraternities. The class includes the host of a radio talk show, a Congressional lobbyist and an event planner. As always, students have worked for law firms and elected officials, for the federal government and public interest organizations, for real estate concerns and in financial institutions. Several have experience at the front of a classroom, and many more in after-school mentoring programs for elementary and middle schoolers. Others enjoy more unusual pastimes: the class boasts an avid writer of letters to newspaper editors and a self-proclaimed Trivial Pursuit maven. They’ve also held more pedestrian positions: nannies, chain restaurant servers, camp counselors and baristas. If you’re truly desperate, we’ll reveal which one can decipher Verizon’s calling plans. Members of the class speak Portugese, French, German, Italian, Mandarin Chinese, Arabic, Korean, Spanish, Mingo and Igbo. They play guitar, piano, flute and oboe, sing opera and dance ballet. As always, numerous students have been involved in all manner of sports: lacrosse, rowing, baseball, rugby, polo, karate and snowboarding. We have a member of the Virginia Master Gardener Association, a nationally ranked equestrian and a member of an NCAA rifle team. One student holds his undergraduate school’s hit-bypitches record—we’re not sure how his achievement will factor into Dean’s Cup selections, but we’re certain his team’s name will somehow commemorate his place in the record books. 5
12/18/08 2:04:28 PM
D i s c o v e r y
This fall, students from the W&L Law access to the legal services for older Americans School offered pro bono legal services out of in Virginia, and Blue Ridge Legal Services, the childhood home of the late civil rights which will interview eligible clients, adults activist Oliver White Hill. The Washington aged 60 or older, and refer them to the center. and Lee Community Law Center at the Mary Z. Natkin ’85, assistant dean for cliniOliver Hill House, based in Roanoke, Va., cal education and public service, hopes that will address unmet legal needs and commuthe center eventually will serve as the hub of W&L Uses Oliver nity issues in the Roanoke area. all community outreach and service for the Hill, who died at the age of 100 in August School. Hill House for 2007, was a lifelong civil rights activist and “While we have placed students in externpro bono work attorney. He was one of five lawyers who ships throughout the region for years, this will argued the 1954 Brown v. Board of Education be the first time the School of Law has operdecision in which the U.S. Supreme Court ruled that segreated a clinic in a facility outside Lexington,” said Natkin. gated schools were unconstitutional. Hill spent his childhood “But the challenges associated with that are well worth it for years in Roanoke and started his law practice there in 1934. the experience students will gain with public service legal Among his many honors, in 2000 Hill received an honorary issues and for the benefit it will bring to the people living in doctor of laws degree from W&L. the community.” In the October issue of Virginia Lawyer, Dean Rod Smolla In addition to the ElderLaw Project, the School is explorsaid he is delighted that the school was able to lease Hill’s ing other potential projects, including juvenile outreach in renovated boyhood home for the project. The connection local schools through practical law and mock trial programs, with one of Virginia’s children’s rights and guardianships issues, and housing leading civil rights lawissues such as foreclosure and mortgage rate inflation. yers is “very powerful,” “We feel an enormous honor to participate in these he said. Hill “is one outreach programs and to help develop something that will of my personal heroes honor Mr. Hill’s legacy,” added Natkin. and one of the heroes of the profession.” He exemplified “the power of will and determination. He had an iron Oliver Hill (left) with will and an iron heart, Supreme Court Justice Lewis Powell ’29A, ’31. and that determination was infectious.” Smolla finds inspiring “the idea that we would go back to his [home] and use it as the staging ground for providing legal services to the needy in that area.” The new clinic will focus initially on elder law issues, such as estate planning and securing government benefits. Upper-level law students with training in elder law and client interviewing and counseling will staff the ElderLaw Project. Volunteer mentor attorneys from the Roanoke Bar Association, in addition to Law School faculty, will review The Oliver Hill House in Roanoke receives a final paint job before opening to serve loc al students’ work and provide feedback and guidance. clients in Roanoke. Howard Highland ’08 will serve as the center’s onsite fellow, overseeing daily operations and developing relationships within the community to identify future projects. “At the Hill’s childhood home was made available to the School center, W&L law students will have an opportunity to become of Law by the Oliver Hill Foundation, which worked for involved in issues as they arise in context,” said Highland. several years to raise funds for the purchase and renovation “For example, you cannot learn what a HUD Community of the home on Gilmer Street in Roanoke. The foundation Development Block Grant is by reading the Code of Federal was established in 2000 to honor Hill’s legacy by supporting Regulations alone; a W&L Law student must come to and promoting a new generation of lawyers trained in the Roanoke to understand how neighborhood residents, elected field of civil rights and civil liberties. officials and local administrators compete to define what the The Washington and Lee Community Law Center at the city’s HUD grants should mean for the community.” Oliver Hill House began operations in the home in October, Additional support for the ElderLaw Project is coming at which time W&L assumed responsibility for its maintefrom Project 2025, a statewide effort to provide enhanced nance and operating costs.
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:04:35 PM
D i s c o v e r y
Summer Experiences Perfecting the practice of law by Colleen Evans ’09A As a recipient of a Virginia Law Public Service Internship award, Sara McManus ’10 spent the summer interning for the Legal Aid Society of Eastern Virginia (LASEVA) in Norfolk, Va., in the Senior Law Center. McManus was one of three students in the class of 2010 to receive a Public Service Internship, making it possible for her to work at the law-related arm of the public service industry. A native of Cambridge, Mass., McManus earned her bachelor of fine arts in writing, literature and publishing from Emerson College in Boston. As an intern, McManus found working with clients to be the most rewarding part of her experience. But she is also pleased to have had a hand in the successful outcome of several cases. “I worked with a client on a government benefits case, and the end result of the hearing was the best possible outcome for the client. I was really proud to be a part of that,” McManus said. She secured her internship after interviewing with LASEVA at the University of Richmond Public Interest job fair, held yearly. Heading into the summer, McManus did not know exactly what to expect, but she knew she’d be working hard and learning a lot. But McManus also felt that her 1L classes at Washington and Lee helped to prepare her for the sort of material she was exposed to at LASEVA. “Legal Aid works with civil cases, so the subjects of
first-year classes were frequently implicated in the cases I saw this summer,” she said. “Civil Procedure, Contracts, Property and American Public Law Process were all useful.” Though her work varied day to day, McManus spent most of her time talking to attorneys at LASEVA about the cases she was working on, updating clients and working on legal research and writing assignments. Occasionally, she accompanied clients to court or the Social Security Administration. She noted that Legal Aid handles a variety of cases, and the Senior Law Center faces greater challenges because so many issues can affect an elderly person’s income. Over the course of the summer, McManus worked on several divorce cases and wrote divorce decrees. She also researched civil procedure issues related to spousal support and spent time working on contract and property disputes, landlord-tenant issues and guardianship cases. As an intern, McManus had the opportunity to handle cases from beginning to end. After completing the necessary background intake, she contacted clients to discuss their situation in detail, researched the legal issues and presented her opinion of the client’s options to the attorney assigned to the case. “A lot of what LASEVA does is give advice,” said McManus, “although obviously there is some litigation.” McManus took several valuable tools away from her summer of public
Sara McManus ’10
service in NorfoIk that will help her at Washington and Lee and also in future endeavors. “I think that my experience at Legal Aid improved my research and writing skills, which will definitely help me with whatever I choose to do next summer and after I graduate, as well,” she said. “Also, I was able to work with clients directly, which is something I think will continue to inform my future experiences.” Though she is unsure of where she will end up down the road, McManus is sure that “a commitment to public service, whether working full time or from time to time in a pro bono capacity, is a very important foundation on which to pursue a career in the law.”
Tr ansnational L aw Institute Summer Internships Cabot Teachout ’10 and Jonathan Rosamond ’09 interned with the American Bar Association’s Rule of Law Initiative in Pristina, Kosovo. Their projects included creating mock trial modules for the University of Pristina law faculty to use in their courses. They also assembled multiple fact patterns in several different legal areas such as family law, criminal law and juvenile law and helped the ABA’s efforts to enhance and improve the academic requirements for the mandatory bar association in Kosovo, the Kosovo Chamber of Advocates. F a l l / W i n t e r
2 0 0 8
Diane Meier ’08 interned for the Organization of Security and Cooperation in Europe Mission to Bosnia and Herzegovina. She worked in the Human Rights Department monitoring a war crime in the BiH State court, but primarily worked with the Human Rights Department’s Economic and Social Rights Equality Unit to devise a monitoring plan for the International Convention on the Elimination of All Forms of Racial Discrimination so that field officers can monitor the convention’s implementation. She also contributed comments to the proposed anti-discrimination law. 7
12/23/08 10:50:46 AM
D i s c o v e r y
Moot Court Roundup Negotiations
Front row, l. to r.: Lorri Olan, director; Terry Evans, recruitment coordinator. Back row: Suzanne Wade, student services coordinator; Joel Chanvisanuruk, associate director; and Jane McDonald, career planning assistant.
Need a Job? Check in with the Office of Career Planning and Professional Development Although the current economic outlook doesn’t look as rosy as it once did, the news isn’t all bad. “I haven’t yet seen a drop-off in the number of firms who come to W&L to recruit,” said Lorri Olan, director of Career Planning and Professional Development. This year, as part of orientation, first-year law students took the Myers Briggs Type Indicator (MBTI) assessment to help them identify their innate personality type and explore skills, interests, values and experiences that help them define and reach their goals. “We want our alumni to be happy in their professional lives,” Olan explained. “It’s really important to know early on what will provide you with the appropriate balance in your life and career.” Other programs offered include a Law In Practice series where practitioners discuss their individual area: Careers in the Federal Government, Thinking Big and Choosing Small, Corporate Finance, NY Confidential, Judicial Clerkships and Alternative Careers. Educational programs included Writing Resumes and Cover Letters, Mastering the Interview, Clerkship Nuts and Bolts and Public Interest Fellowships. The office has five full-time employees, including two attorney counselors, and is there to assist not only students, but alumni, as well. Christopher Colby ’05A, ’08 worked with the department after he graduated and recently landed a job clerking at the Norfolk Circuit Court. He said, “Ms. Olan provided me with strategies and resources that ensured I was aware of the job opportunities that coincided with my career goals.” He took her advice and suggests students do the same: “Cast as wide a net as possible when sending out job applications.”
The W&L team of Mike Gardner ’10 and Steve Mammarella ’10 placed second at the American Bar Association’s Regional Negotiations Competition, held Nov. 1 in Washington. In February, they are going to the national competition in Boston. John Sorock ’10 and Shannon Sherrill ’10, winners of the School’s Robert J. Grey Negotiations competition, held earlier this year, also competed. In all, 28 teams competed at the regional event. The W&L team was the only team finishing in the top four that did not bring faculty advisors to the competition. This year’s competition involved an elder law issue. On one side of the dispute were attorneys representing an elderly woman near the end of her life whose competency to make decisions regarding her assets had come into question. The W&L teams represented the elderly woman’s daughter, who felt that some of the recent decisions regarding her mother’s estate might have been unduly influenced by interested third parties.
After over a month of oral arguments and judging, the 2008 John W. Davis Appellate Advocacy Competition concluded, with Victoria Corder ’10 named Best Oralist and Liz Clarke ’10 and Stephanie Hager ’10 taking the Best Brief Award. This year’s problem involved a Fourth Amendment case exploring whether the U.S. Constitution requires law enforcement officers to demonstrate a threat to their safety or a need to preserve evidence related to the crime of the arrest to justify a warrantless search of a vehicle. Nearly 70 students participated. Judging the final round of oral arguments was the Hon. Glen E. Conrad, United States District Judge for the Western District of Virginia; the Hon. William P. Johnson ’85, United States District Judge for the District of New Mexico; and the Hon. Henry Coke Morgan, Jr. ’57A, ’60, United States District Judge for the Eastern District of Virginia. The Best Brief Judges panel included Professors Brian Murchison, Joan Shaughnessy and Benjamin Spencer.
2008 Davis Moot Court Results
Best Oralist: Victoria Corder ’10 Runner-Up: Andrew Finnicum ’10 Finalists: Andrew Fadale ’10, Kate Loudenslagel ’09 Best Brief: Liz Clarke ’10 and Stephanie Hager ’10 Runner-Up: Benton Keatley ’10 and Andrew Finnicum ’10 Nominees: Nicole Bright ’09 and Chris Henry ’09; Berit Everhart ’09 and Garrett Ledgerwood ’09; Oleg Nudelman ’09
In the Mock Trial Competition, top honors went to Ketan Patel ’09. Victoria Corder ’10, winner of the John W. Davis Appellate Advocacy Competition, was the Mock Trial runner-up. Judging the final round was the Hon. James C. Turk, senior U.S. District Judge for the Western District of Virginia. This year’s trial involved a woman charged with fatally shooting her husband. The defendant claimed her actions were taken in self-defense, contending that her husband abused her physically for years. The prosecution disputed the self-defense argument, claiming that when the police talked to her immediately after the homicide, she denied that her husband had threatened her in any way.
Get Involved. Mentor a Law Student.
Interested in helping your future peers and fellow alumni? Join the Alumni Mentoring Database. Already participating? Take a moment to update your information. Nothing is more disheartening for a student than to reach out to an alumnus in the database and have your e-mail bounce back. Forward job announcements to the OCP. Open your home to a W&L Law student interviewing in your area. Share your experiences with our students during a campus presentation. If any of these options appeal to you, please contact Jane McDonald, firstname.lastname@example.org, or call her at (540) 458-8535. For more information about Career Planning at W&L Law, please visit law.wlu.edu/career. W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:04:57 PM
Fa c u lt y
D i s t i n c t i o n s
The Written and Spoken Word Constitutional Exclusion and Gender in Commonwealth Africa, 31 Fordham Int’l L.J. 289 (2008).
A Hard Look at the Soft Theory of International Criminal Law, in Chapter 1 of The Theory and Practice of International Criminal Life: Essays in Honor of M. Cherif Bassiouni (Sadat and Scharf, eds., 2008).
Pluralism in Ghana: The Perils and Promise of Parallel Law, in Oregon Review of Int’l L. (2008).
The Failure to Prevent Genocide in Rwanda, in International Encyclopedia of Peace (Oxford University Press, 2008).
P resentati o ns
Book Review, Moghalu, Global Justice, Law and Politics Book Review (2008, American Political Science Association).
Johanna E. Bond P ublicati o ns
“Gender Equality and Customary Law Reform: The Potential Of Regional and Sub-Regional Human Rights Frameworks,” Gaborone, Botswana, at Fordham Law School’s Leitner Center conference.
S a m u e l W. C a l h o u n P resentati o ns
“Improperly Restricting the People’s Right to Legislate Concerning Partial-Birth Abortion: The Inadequate Rationale of Gonzales v. Carhart,” 2008 University Faculty for Life Conference.
L a w t o n P. C u m m i n g s P ublicati o ns
Globalization and the Evisceration of the Corporate Attorney-Client Privilege: A Re-Examination of the Privilege and a Proposal for Harmonization, 76 Tenn. L. Rev. (2008).
R o b e r t T. D a n f o r t h P ublicati o ns
Federal Income Taxation of Trusts and Estates (3d ed. 2008 & 2009 Supp.) (with Mark L. Ascher).
“The Sixtieth Anniversary of the Genocide Convention: The Power of a Word,” Second Annual International Humanitarian Law Dialog. “The Push to Criminalize Aggression: Something Lost Amid the Gains?,” Case Western University School of Law. “Atrocity, Punishment, and International Law,” Endowed C.V. Starr Lecture, New York Law School. “The Great Gatsby and Equality,” Washington and Lee University Law and Literature Program. “The New Administration and International Criminal Tribunals,” CIA/Department of State Colloquy. “The Agency and Innocence of Child Soldiers,” workshops at the law faculties at Temple, Windsor, Vanderbilt and University of Amsterdam.
P resentati o ns
A pp o intments
“Asset Protection Planning: Fundamentals and Current Developments,” 2008 Southeastern Regional Meeting of the American College of Trust and Estate Counsel, Pentagon City, Va. “Planning With Grantor Trusts,” University of Richmond Estate Planning Seminar.
Mark A. Drumbl P ublicati o ns
Transnational Terrorist Financing: Criminal and Civil Perspectives, 9:7 German L.J. 933 (2008).
Professeur invité, Université de Paris II (Panthéon-Assas); Invited Faculty, African Centre for Legal Excellence, Kampala, Uganda; Faculty, International Human Rights Law, The Hague, Netherlands. M edia
National Public Radio, “Talk of the Nation.”
J o s h u a A .T. F a i r f i e l d P ublicati o ns
Escape Into the Panopticon, Yale L.J. (2008). Anti-Social Contracts: The Contractual Governance of Virtual Worlds, McGill L.J. (2008). P resentati o ns
Introductory Note, Genocide Accountability Act of 2007, 47 Int’l Legal Materials 125 (2008).
“The Magic Circle,” Vanderbilt Intellectual Property Roundtable, Nashville.
Sixtieth Anniversary of the Genocide Convention: The Power of a Word, in Proceedings of the Second Annual International Humanitarian Dialogs (ed. David Crane, 2009).
“3D Cyber Space Spillover: Where Virtual Worlds Get Real,” National Intelligence Summer Hard Problem Program 2008.
F a ll / W i n t e r
2 0 0 8
“End User License Agreements: Pitfalls and Best Practices,” VirtualWorlds08 Conference, New York. “Anti-Social Contracts: The Contractual Governance of Virtual Worlds,” American Association of Law Schools Annual Meeting.
Susan D. Franck P ublicati o ns
P resentati o ns
Federal Income Taxation of Trusts and Estates (2008-2 Cum. Supp.) (with Howard M. Zaritsky and Norman H. Lane). “Recent Tax Developments: An Estate Planning Perspective,” 26th Annual Trusts and Estates Seminar, Virginia CLE.
“The God Paradox,” at Hans-Bredow-Institut and Freidrich-Ebert-Stiftung (Foundation), Berlin and Arizona State University.
Reconsidering Dispute Resolution Options in International Investment Agreements, in Appeals Mechanisms in International Investment Disputes (ed. Karl P. Sauvant 2008). Empiricism and International Law: Insights for Investment Treaty Dispute Resolution, 48 VA J. Int’l L. 767 (2008). An Empirical Analysis of Investment Treaty Awards, 101 Am. Soc’y Int’l L. Proc. 214 (2007). P resentati o ns
“Enforcement and State Entities,” Queen Mary School of International Arbitration, London. “The Politics of International Economic Law: The Next Four Years,” American Society of International Law. “Development and Outcomes of Investment Treaty Arbitration Awards,” University of Cincinnati College of Law. “Perspectives on Investor-State Practice,” Suffolk University Law School. “Jurisdictional Issues in Arbitration,” London Court of International Arbitration European User’s Council Symposium, The Grove, Great Britain. “Regulating Rifles: International Control of the Small Arms Trade,” Conference on Empirical Legal Studies, Ithaca, NY. “Empirically Analyzing Variables Implicating the Outcomes of Arbitration Awards and the Repercussions for Designing Dispute Resolution Systems,” Society of International Economic Law, Geneva, Switzerland. “Problems with Evidence in Valuation,” Institute for Transnational Arbitration Annual Workshop, Dallas. “Investment Treaty Arbitration and Its Discontents: Analyzing Variables Implicating Outcomes of Arbitration Awards,” Law and Society Annual Meeting, Montreal, Canada.
12/18/08 2:04:58 PM
“Fair and Equitable Treatment—Evolution or Revolution,” Second Annual Investment Treaty Arbitration, Washington.
Introduction - An Explanation of the Project (with Rebecca Bratspies), in Progress in International Law.
A pp o intments
Paradoxes of Personality: Transnational Corporations, Non-Governmental Organizations and Human Rights in International Law, in Progress in International Law.
International Who’s Who of Commercial Arbitration (2009), International Bar Association.; Arbitrator, Foreign Direct Investment International Moot Court Competition; Committee Member, ASIL Awards Committee, American Society of International Law. Committee Steering Group Member, Committee on Commercial Dispute Resolution, American Bar Association Section of International Law; Executive Committee, American Association of Law Schools, Section on Alternative Dispute Resolution.
L y m a n P. Q . J o h n s o n P resentati o ns
“A Role for Law and Lawyers in Educating (Christian) Business Managers,” Notre Dame University. “The Responsibilities of Corporate Directors,” National Association of Corporate Directors, Minneapolis, Minn. “Legal Developments in Mutual Funds,” Chicago-Kent School of Law. C o nsultant
Expert witness for legal counsel to HealthSouth Corp. in pursuing derivative claims against former CEO and other defendants.
Frederic L. Kirgis
Collective Discursive Democracy as the Indigenous Right to Self-Determination, 31 Am. Indian L. Rev. 341 (2007). Book Review: Charlotte Ku and Harold Jacobson (eds.), Democratic Accountability and the Use of Force in International Law, 101 Am. J. Int’l L. 980 (2007). P resentati o ns
“Collective Discursive Democracy and International Law Personality for Transnational Enterprises,” European Society of International Law Biennial Meeting, Heidelberg, Germany. “A Survey of German Federalism,” Southeastern Association of Law Schools Annual Meeting, Panel on Comparative Federalism. “Militant Democracy, American Constitutionalism and the War on Terror,” U.S. Embassy, Dar es Salam, Tanzania. “Militant Democracy, American Constitutionalism and the War on Terror,” Ruaha University, Iringa, Tanzania.
Brian C. Murchison P ublicati o ns
The Fact-Conjecture Framework in U.S. Libel Law: Four Problems, 13 Media & Arts L. Rev. 137 (2008). P resentati o ns
“The Ethics of Atticus Finch,” Law and Literature Seminar, W&L School of Law.
Hari M. Osofsky P ublicati o ns
A Right to Frozen Water: The Institutional Spaces for Supranational Climate Change Petitions, in Progress in International Law (Rebecca Bratspies and Russell Miller, eds., 2008). The Intersection of Scale, Science and Law in Massachusetts v. EPA, 9 Oregon R. Int’l L. (2008), reprinted in Adjudication Climate Change: Sub-National, National, and Supra-National Approaches (William C.G. Burns and Hari M. Osofsky, eds., 2008). The Geography of Justice Wormholes: Dilemmas from Property and Criminal Law, 53 Vill. L. Rev. (2008). P resentati o ns
International Legal Theory Colloquium, Georgetown University School of Law. “International Climate Change: Post-Kyoto Challenges,” Washington University School of Law. “Climate Change Litigation,” Southeastern Association of Law Schools Annual Meeting.
P ublicati o ns
International Law in the American Courts—The United States Supreme Court Declines to Enforce the I.C.J.’s Avena Judgment Relating to a U.S. Obligation under the Convention on Consular Rights, 9 German L.J. 619 (2008).
Russell A. Miller P ublicati o ns
Progress in International Law (ed. with Rebecca Bratspies) (Martinus Nijhoff Press, 2008). U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (ed.) (Routledge, 2008). The Hamdan Case, in The Encyclopedia of Public International Law. The Trail Smelter Arbitration, in The Encyclopedia of Public International Law (Rudiger Wolfrum, ed., 2008). Introduction - U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror, in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror (Russell Miller ed., 2008). Comparative Law and Germany’s Militant Democracy, in U.S. National Security, Intelligence and Democracy. 10
“Manley Hudson and the Politics of Progress,” ASIL 102nd Annual Meeting, Panel on the Politics of Progress in International Law, Washington.
Property Works in Progress Conference, University of Colorado.
“Germany’s Militant Democracy and the War on Terror,” Global Law Workshop, Duke University School of Law.
Editorship Co-editor in chief, German Law Journal germanlawjournal.com A pp o intments
Chair-elect, Section on Comparative Law, Association of American Law Schools.
May Gathering, University of Virginia Law School. P ublicati o ns
Enforcement of Judgments and Liens in Virginia (2d ed. 1994). The Trial Judge’s Equitable Discretion Following eBay v. Merc Exchange, 27 Rev. of Litig. 63 (2008).
Sean B. Seymore P ublicati o ns
Heightened Enablement in the Unpredictable Arts, 56 UCLA L. Rev. 127 (2008).
Book Discussion, “Virginia Insights,” WMRA Radio.
The Enablement Pendulum Swings Back, 6 NW. J. Tech. & Intel. Prop. 283 (2008).
P resentati o ns
P resentati o ns
“Inventorship Disputes within Academic Research Groups,” American Chemical Society National Meeting, Philadelphia.
“Fitzgerald’s Vision of a World Without Law,” 16th Annual Law and Literature Seminar, W&L School of Law.
Symposium Chair, “Think You May Be An Inventor For a Patent Application?,” American Chemical Society National Meeting, Philadelphia.
“Economic Crisis of 2008—Now What?” W&L Stackhouse Theater.
“Some Thoughts About the Costs and Benefits of Sarbanes-Oxley,” Southeastern Association of Law Schools Annual Meeting.
W & L
L a w
“Teaching Law,” 2008 FTCA Summer Brown Bag Lunch Series, U.S. Department of Justice—Civil Division, Washington.
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:04:58 PM
A. Benjamin Spencer P ublicati o ns
Pleading Civil Rights Claims in the Post-Conley Era, 52 Howard L.J. (2008). Acing Civil Procedure: A Checklist Approach to Solving Procedural Problems, 2d. ed. (Thomson West, 2008).
Lecture on the Patriot Act, Universidad de Castilla, Cuenca, Cuenca, Spain.
A Matter of Conviction: Moral Clashes Over SameSex Adoption, 22 BYU J. Pub. L. 475 (2008).
Guest Faculty, Universidad de Castilla, La Mancha, Toledo, Spain, Cursos de Postgrado en Derecho (Continuing Education Program for Spanish and South American Judges).
P resentati o ns
Sarah K. Wiant P ublicati o ns
P resentati o ns
“Deconstructing Pleading Doctrine,” Emory University School of Law, University of Richmond School of Law.
Mass Confusion: Ucita or Not, in Encyclopedia of Information Science, online publication (forthcoming, 2008).
“Maximizing Student Understanding of Civil Procedure,” Southeast Association of Law Schools Annual Conference.
Chapter, Copyright, in Bowker Annual (2008).
“Pleading Civil Rights Claims in the PostConley Era,” University of California Hastings College of Law. A pp o intments
Board of Governors, Virginia State Bar Section on the Education of Lawyers.
Scott E. Sundby P ublicati o ns
Caminando Sobre La Cuerda Floja Constitucional: La USA Patriot Act Y La “Guerra Contra El Terror” (Walking the Constitutional Tightrope: The USA Patriot Act and the War on Terror) (with Maria Angeles Perez Cebadera), Numero 15 Revista General de Derecho Procesal (2008). Yyendo Al Jurado A Través De La Puera: Una Perspectiva de la Aplicación de la Pena Demuerte en América (Listening at the Jury Room Door: Understanding America and the Death Penalty) 15 Revista General de Derecho Procesal (2008). Competent Capital Representation: The Necessity of Knowing and Heeding What Jurors Tell Us About Mitigation, 36 Hofstra L. Rev. 1035 (2008). The Future of the Death Penalty, in Capital Punishment: Defining the Issues for the Next Generation (with William Bowers) (2008). P resentati o ns
P resentati o ns
Speaker, “Are You a Pirate?,” Southern Illinois University Carbondale, Carbondale Ill. Speaker, “The Importance of YouTube in Being Educated,” Broadcast Education Association, Las Vegas. “Copyright, Georgia State, and YouTube: The Current State of Affairs in Scholarly Communications,” SCHEV-Library Advisory Committee, James Madison University, Harrisonburg Va.
Robin Fretwell Wilson P ublicati o ns
Same-Sex Marriage and Religious Liberty: Emerging Conflicts (Douglas Laycock, Anthony R. Picarello, Jr., and Robin Fretwell Wilson, eds., Rowman & Littlefield Publishers Inc., 2008)
“The Meaning of Adoption: A Comment on Brinig and Patterson,” University of Virginia. “Matters of Conscience: Lessons for SameSex Marriage from the Healthcare Context,” World Conference of the International Society of Family Law, Vienna, Austria; and First Amendment Center, Newseum, Washington. “Ignoring Gender: A Critique of Modern Family Law,” Princeton University. “Estate of Gelsinger v. Trustees of University of Pennsylvania: Money, Prestige, and Influence In Human Subjects Research,” The American Society of Law, Medicine and Ethics, Drexel University. Lectures on U.S. Family Law, University of Padua, Padua, Italy.
Blind Trust: The American Law Institute’s Proposed Treatment of De Facto Parents, in Pravni zivot No 9 or 10 (Legal Life) (Association of the Jurists of Serbia, Belgrade, Serbia, 2007).
“Blind Trust: The American Law Institute’s Proposed Treatment of De Facto Parents,” Kopaonik School of Natural Law, Mt. Kaponik, Serbia; and University of Novi Sad Faculty of Law, Novi Sad, Serbia.
The Harmonisation of Family Law in the United States, in European Challenges in Contemporary Family Law (Katharina Boele-Woelki and Tone Sverdrup, eds., 2008).
“The Perils of Privatized Marriage,” St. Thomas University School of Law, Minneapolis, Minnesota.
“Juries and the Death Penalty Decision,” Southern Center for Human Rights Training Seminar on Mitigation in Capital Cases, Biloxi, Miss.
The Overlooked Costs of Religious Deference, 64(4) Wash & Lee L. Rev. 1363 (2007).
“The Death Penalty: New Age Questions in an Age Old Debate,” Southeastern Association of Law Schools Annual Meeting.
The Limits of Conscience: Moral Clashes over Deeply Divisive Healthcare Procedures, 34 Am. J.L. & Med. 41 (2008).
Lecture on the Death Penalty, Universitat Jaume I, Castello de la Plana, Valencia, Spain.
Unauthorized Practice: Regulating the Use of Anesthetized, Recently Deceased and Conscious Patients in Medical Teaching, 44(2) Idaho L. R. 423 (2008).
“Sex Play in Virtual Worlds,” W&L School of Law.
“Unauthorized Practice: Regulating the Use of Anesthetized, Recently Deceased and Conscious Patients in Medical Teaching,” University of Idaho.
Keeping Women in Business (and Family), in Rethinking Business Management: Examining the Foundations of Business Education (Samuel Gregg and James R. Stoner, Jr., eds. 2008)
2 0 0 8
“Emerging Conflicts Between Same-Sex Marriage and Religious Liberty: Finding a Live-and-Let-Live Solution,” Chapman University School of Law.
Matters of Conscience: Lessons for Same-Sex Marriage from the Healthcare Context, in SameSex Marriage and Religious Liberty.
Faculty Workshop, Washington University, St. Louis, School of Law; Florida International University, School of Law; and University of Miami School of Law.
F a ll / W i n t e r
“De Facto Parenthood and Child Wellbeing,” Supreme Court of Georgia.
“Matters of Conscience: Moral Clashes Over Deeply Divisive Healthcare Procedures,” Northeastern University School of Law, Boston. “A Matter of Conviction: Moral Clashes over Same-Sex Adoption,” Brigham Young University. H o n o rs
Letters of Honors, the Serbian Jurists Association; Chair-elect and program chair, Family & Juvenile Law Section, Association of American Law Schools; 2008 Teacher of the Year, W&L Women Law Students Association. M edia
New York Times, ABC News, Wall Street Journal. 11
12/18/08 2:04:58 PM
by Peter Jetton & Louise Uffelman
America has been at war in Afghanistan and Iraq longer than any other military engagement in its history. Following W&L’s motto, “not unmindful of the future,” alumni, faculty and students are working to bring about peace and order. Here are a few examples of how they are hoping to make a difference.
For the Rising Generation Kevin Rardin turns to R.E. Lee’s example to help Afghan lawyers
Kevin Rardin ’84 (right) receives his Bronze Star from Col. William Hix, commander of the Afghan Regional Security Integrated Command-South.
For the past 24 years, Kevin Rardin ’84 has been an assistant district attorney in Memphis, Tenn. He is also a lieutenant colonel in the U.S. Army Reserve Judge Advocate Generals Corps. In October 2007 he volunteered for active duty and served a tour of duty in Afghanistan through September 2008. 12
“I decided it was my turn,” said Rardin. “I engaged in a lot of soul-searching. Here I am, a lawyer with a lot of experience, a middle-aged man with a family and kids—so I have a lot of responsibilities. But wearing a uniform as part of the reserves comes with a different kind of responsibility, and I decided that I could make some sort of difference. “The war in Afghanistan is not just the responsibility of 18- or 20-year-olds. It’s the responsibility for those of us at home, too. This is not a war that will be won with bullets and bombs. This is an insurgency, a war of ideas. People like me, who were fortunate enough to attend W&L, have a responsibility to contribute to the solution.” Rardin spent most of his tour at Kandahar Airfield, where he served as command judge advocate for the U.S. forces on the base and as a legal advisor/mentor to the legal officers in the Afghan Army’s 205th Corps. Afghanistan has been at war for almost 30 years, beginning with the Soviet invasion in the 1980s, followed by civil war and the rise of the Taliban and then the U.S. occupation. Amid such chaos, Rardin’s task was to work within the existing military system. He noted, “Although Afghanistan has adopted a uniform code of military justice that is reasonable and fair, there are very few formally trained lawyers in the military sector. Of course, there is a tremendous amount of corruption. More often than not, offenses by higher-ranking officers, those in position of authority, get no more than a slap
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:22:54 PM
on the wrist. And there are many soldiers languishing in jail on relatively minor charges. It’s difficult to bring about change when most Afghans have to worry about surviving from day to day—there’s no reason for them to plan ahead.” Yet, Rardin tried to move things forward. He recalled in an earlier e-mail, “After establishing a close relationship with my Afghan counterparts, I am now beginning to have some impact on them. Yesterday, after a lively and detailed two-hour discussion through an interpreter, I persuaded the three-judge panel of the military court to adopt a speedy trial policy. Under the policy, they can dismiss an indictment on speedy trial grounds, or, if the prosecutor establishes a satisfactory reason for the delay, they can grant him a reasonable continuance to file his indictment. They, as judges who were trained in the civil law tradition, were very reluctant to believe that they could grant the prosecutor a continuance without a specific grant of authority from the Parliament to do so. However, I was able to convince them that they have the inherent authority to do so, for good cause shown. I think yesterday was a very significant day. The judges trusted me enough to adopt an approach that is unfamiliar to them. So, despite the war, it is possible to have some impact here on the rule of law.” Rardin later learned that the judges backed down. “The challenges are tremendous,” he acknowledged. Those challenges became even more apparent while working with Mohammed Wazir Jallali in the town of Qalat in Zabul Province, where Rardin was working on an assessment of the civilian criminal justice institutions. Jallali, the provincial chief prosecutor in Zabul Province, and his family receive constant death threats from the Taliban. “There are no defense attorneys in Zabul Province,” Rardin said. “Mr. Jallali has one computer in his office, but it doesn’t work. Most record keeping is done by hand. He told me that the provincial governor often attempts to interfere in pending criminal cases and sometimes succeeds.” Rardin noted, “There is nothing unique about Mr. Jallali’s story. It is the story of civilian criminal justice officials in Afghanistan. After six years of war, the U.S. and its allies are just now beginning to make an effort to assist the Afghans in strengthening the rule of law in this country.” So is change possible? “Hope lies with the young Afghans,” Rardin said. In 2007, the U.S. Department of State launched the Public-Private Partnership for Justice Reform in Afghanistan (PPP). Rardin believes this program is the best way for American lawyers and American law schools to share their considerable resources with their Afghan colleagues. “Under the partnership’s umbrella, participating U.S. law firms and law schools will support projects to train judges, prosecutors and defense attorneys and offer legal aid to women and the poor.” Rardin enlisted the help of Dean Rodney Smolla to consider the ways in which W&L Law could contribute. Rardin said, “Gen. Lee’s character made a very vivid impression upon me during my three years in Lexington, and his example is one I will do my best to follow. After the Civil War, Lee accepted the challenge to rebuild a shattered institution in a country torn apart by war. He believed the best approach was
F a ll / W i n t e r
through education, and I see a similar situation in this part of the world. The Afghans I met have shown themselves to be a warm, hospitable people who want the same things in life that most Americans want. But they need help to build up those basic institutions that most Americans take for granted. Until the Afghans get that help, their country will remain a breeding ground for terrorism.” This fall, W&L Law School agreed to waive tuition for one Afghan lawyer in its 2009-10 LL.M. program. The PPP will cover the student’s living and travel expenses. “We are delighted to be partnering with the Dept. of State and the consortium of private law firms to assist in efforts to advance the rule of law in Afghanistan,” said Smolla. “We are very proud of Kevin’s extraordinary service to the nation and hope that in our own small way, we may also contribute to the efforts that he and countless other Americans have undertaken in Afghanistan.”
The Lexington Principles Project: To w a r d A N e w Wo r l d O r d e r
Read the full report at lexingtonprinciples.org
When President–elect Barack Obama takes office in January 2009, one of his first promised executive orders is to abolish the prison at Guantanamo Bay, Cuba, where suspected terrorists, some with no links to recognized nations, have been detained for years. It represents a controversial chapter in American jurisprudence, one that spurred alumni, faculty and students to found the non-partisan Lexington Principles Project (LPP) on the Rights of Detainees. Supported by the Law School’s Transnational Law Institute and the Institute for Honor, LPP grew out of W&L’s 2007 Institute for Honor Symposium on “Moral Responsibility and the Modern American Presidency.” At the event, keynote speaker Ambassador Richard Holbrooke, architect of the Dayton Peace Accords, delivered a passionate speech decrying America’s self-inflicted loss of standing in the world resulting from its treatment of detainees. Brooke Lewis ’76A, ’83, LPP chair, a senior attorney in
12/18/08 2:22:56 PM
the Federal Aviation Administration and its liaison to the 9/11 Commission, said, “Both Generals Washington and Lee were known for their humanity, though both were warriors. My fellow project members and I, a number of whom are lawyers, recognized early on what a bad choice it was for the U.S. to pursue a course of action that involved brutality toward prisoners and no meaningful opportunity for them to challenge detention. By the time of Holbrooke’s speech, our fears had been borne out, and America’s reputation had been badly damaged. We agreed with Ambassador Holbrooke that the country needed to change its course, and we felt that there could be no better place than W&L, given its heritage, for that effort to begin.” As Col. Tom Greenwood ’77A (USMC-Ret.), a member of the LPP Steering Committee, observed, “We have an important window of opportunity to help the U.S. restore its proper role in the international community when it comes to the treatment of detainees. Human rights is not a partisan issue.” Visiting Law Professor Dave Jordan ’03 serves as editor in chief for the Principles. “I was eager to become a part of this initiative to help showcase the phenomenal international law program W&L has developed in recent years,” he said. “I was consistently impressed with the enthusiasm and intelligence of the project’s 55 student contributors. I expect the Lexington Principles to be the first of many valuable contributions W&L will make to the global dialogue on transnational legal reform in years to come.” The LPP membership includes some heavy hitters. Alumni and faculty LPP members joining Lewis, Greenwood and Jordan included Professor Emeritus John Gunn ’45A, Law Professor Mark Drumbl, Law Professor Emeritus Rick Kirgis, Dean Rod Smolla, Bob Feagin ’60A, steering committee member Bennett Ross ’83A, former undergraduate Dean Lewis John ’58A, and former Rector Frank Surface Jr. ’60A. Jack Goldsmith ’84A, a Harvard Law professor, former Office of Legal Counsel lawyer and author of The Terror Presidency: Law & Judgment Inside the Bush Administration, serves as an advisor. They have mobilized to create a formal initiative aimed at collecting the ideas and minds necessary to change deficiencies in the present domestic and international legal frameworks for the treatment of detainees. Other members and advisors of the group hail from many different disciplines and institutions. Over the last two years, the group, aided by students from the Law School, collected a body of international due process principles in the area of detainee treatment. These principles are based on international human rights law, but have been specially designed to ease incorporation into the domestic legal systems of the United States and other common law countries. “There were a number of challenges in drafting the principles,” said Lewis. “We were concerned that we be broad enough but not over-broad and over-specific, which would have stalled implementation in endless parsing of language. More importantly, we knew that it would not be useful to put forth a set of principles that were the desiderata of a group of lawyers but not backed by practicality. The main point of the work is to propound what we believe is the state of the law on detention
and treatment of prisoners among civilized nations though the language used to express these tenets varies among nations. The transnational approach developed by Dave Jordan creates a model for adoption of similar language into the law of common law countries so as to minimize misinterpretation.” The LPP work continues on three fronts. Jordan is spearheading the effort to engage the international academic community for its input. The group is disseminating the principles to specific people in the military and political spheres and asking for their opinions and their support. Work is also underway to post the more than 300 thoroughly researched annotations to the Web site. And there will be free podcast courses available online—an important resource for those seeking to understand the state of the law in these areas.
Justice for All
The Rule of Law Practicum in session. From l. to r.: Jonathan Rosamond ’09, Ryan Staley ’09, Professor Tim MacDonnell, Daniel McNamara ’09, Ryan Germany ’09 and Eduardo E. Safille ’09.
Tim MacDonnell joined the W&L Law School faculty this fall as director of the Black Lung Clinic. He is also leading a Rule of Law Practicum, engaging students in public defender work in the Iraqi national courts. He recently served as Regime Crimes Liaison Officer to the Department of State, acting as an attorney/advisor to the Iraqi High Tribunal in Baghdad. “If you were to discuss the rule of law with 10 different people, you’d get 10 different definitions,” MacDonnell said. “Even the United States government doesn’t have a single definition.” So where do you start for a country in as much chaos as Iraq? By examining its core legal texts—such as the Iraqi constitution, criminal procedure code, substantive criminal law and learned treatises. “A lot of reading we’re doing is to get students thinking about the rule of law and compare aspects of our system with the Iraqi system,” said MacDonnell. “Many students have just taken Constitutional law, and, as you go further into a description of Iraqi’s criminal justice system, they begin to see the differences—it provides a great opportunity for discussion. All of us, growing up as Americans, have this
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:23:00 PM
concept that there’s one way to achieve justice. When you start looking at another system’s justice process, it forces you to consider your own and better understand it. “What you see when you look at the Iraqi system is that their constitution is substantially newer than the criminal procedure code from the 1970s,” continued MacDonnell. “Iraqis have a great deal of affection for their civil and criminal codes, which have remained relatively unchanged compared to the turnovers in their constitution. That’s an adjustment for those of us who have been raised in a common law system. We’re accustomed to our Constitution being the core document that rarely, rarely changes.” The students are working with the Rusafa Defense Clinic and the 30 Iraqi defense attorneys there who represent Iraqi criminal defendants. “We’re providing support by researching and writing legal memorandums in areas they’ve asked us to look at, such as coerced statements and speedy trials,” said MacDonnell. The practicum is also working with the State Department’s Rule of Law Session at the U.S. Embassy in Iraq on a project related to the Military Jurisdiction Act and providing a comprehensive guide to its application. MacDonnell and his students are pleased to be helping in the day-in, day-out criminal jurisdiction. “We hope to see that justice is being done and make sure there is appropriate and adequate representation,” he said.
Equal Protection Under the Law
Capt. Prescott Prince ’83
Prescott Prince ’83 doesn’t mince words about one of the biggest capital punishment cases this century. The Richmond, Va., criminal defense attorney and Naval Reservist, who was called to duty in 2007 and served as part of a team monitoring detainee operations in Iraq, has been assigned to defend Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11 World Trade Center and Pentagon attacks. In December, Mohammed pled guilty to the terror charges. “I don’t think it’s possible for Mohammed to get a fair trial
F a ll / W i n t e r
under the military commissions,” said Prince, calling it a flawed system that abandons constitutional principles for the sake of convenience. “If this guy is as bad as they say he is, then they ought to be able to convict him the right way.” Mohammed has admitted to planning every aspect of the Sept. 11 attacks, but his confession may be tainted by the CIA’s admission that it subjected him to so-called “enhanced interrogation techniques,” including simulated drowning, known as water boarding, and widely viewed as violating the Geneva Convention’s ban on torture. In an interview with the Los Angeles Times, Prince said, “I have no idea whether he did even half of those things he is accused of doing. But if he did commit those offenses, there are still issues of whether this court has jurisdiction, whether he is an enemy combatant who should be tried in a tribunal of this nature. “Every deputy sheriff from Skunk Holler knows that if you rough somebody up before they give a statement, you can’t take that information to trial,” he added. Faced with what is clearly the biggest case of his life, Prince is calm and confident. A 20-year career defending alleged robbers, rapists and murderers has prepared him for representing one of the most notorious men alive. Prince found his niche in criminal law during his second year. With a B.A. from Davidson College and an M.S. in clinical psychology from Radford University, he pondered a career in legal academia, but changed his mind when he took a trial advocacy class. “I just fell in love with courtroom law during that course and knew that’s what I wanted to do,” he said. He later interviewed with the Navy Judge Advocate General’s office and after graduation accepted a four-year active duty commission, specializing in criminal defense. After leaving the service, Prince established a private practice in Richmond focused on criminal defense and family law. As a rule of law officer in Iraq, Prince helped oversee detention operations, interviewing more than 600 detainees in the process. He witnessed how the Americans’ reputations improved when the detainees were treated fairly and humanely. By contrast, he was the first advocate to meet with Mohammed after five years in custody. Mohammed has accepted Prince as his defense attorney, for now. Prince, who has participated in, but never led, a capital murder trial, acknowledges that difficult and uncertain times lie ahead. His legal team includes Idaho-based civilian lawyers Scott McKay and David Nevin, and Army Lt. Col. Michael Acuff, as well as an intelligence analyst and a paralegal. The American Civil Liberties Union and the National Association of Criminal Defense Lawyers have also teamed up to find volunteers to help Prince. “Our government is the most powerful force on the face of the earth,” explained Prince. “It can take away your family, it can take away your property, it can take away your life. Everyone deserves to stand on equal footing before the government and deserves to have an attorney who will make the government do its job.” Q
12/18/08 2:23:02 PM
T h o m p s o n â€™00A A n d y b y Sa u b e r p h o t o s b y K at h y
CEO Tim Kilgallon â€™84 heads up a company dedicated to helping others quit bad habits.
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:23:11 PM
Six years after graduating from W&L, Tim Kilgallon ’84 was finished with the practice of law. He had worked diligently at King & Spalding in Atlanta, focusing on health care law, but knew his days as an attorney were numbered. “I think I realized that there was something about the practice of law that wasn’t completely satisfying,” said the 49-year-old Kilgallon, now the CEO of Free & Clear in Seattle. “What I remember was that our clients would hand me an assignment, I would do one segment, take them to a conclusion, they’d go away, and I’d never see what happened.” He added, “There was creativity on the front end and fulfillment on the back end that I didn’t participate in. I always wondered about both, so when I had the opportunity to go into business I jumped at it.”
ow, 18 years later, the Potomac, Md., native hasn’t regretted the decision for a moment. An avid cyclist, Kilgallon is the head of a company that counsels people to make healthier decisions in many aspects of their lives—offering help with smoking cessation and weight loss. Essentially, behavioral coaching. Free & Clear works with employers, generally large companies, who understand that an investment in healthier workers means a long-term payoff in reduced sick days, health-insurance payouts and greater efficiency. It’s an ideal blend of his personal and business interests. While this isn’t his first CEO job, it has become his most fulfilling. “This company has taught me that it’s really gratifying to be involved in a business where you can see that you’re saving lives,” he said. “Every day we take compliments from participants and share them with our employees so they are reminded of the importance of our mission. It’s not enough to make money. You have to go beyond that.”
hen Kilgallon arrived at W&L Law in the fall of 1981, he stood apart from his classmates: He was young—not yet 22—and he already had a wife and child. Lever Stewart ’84 laughs at the memory of meeting Kilgallon at an orientation party. The two became close in school and remain so to this day. “He was walking around enjoying the beer as much as the rest of us, but with one major difference. He had 9-month-old Jessica in his arms, with ice cream all over her face. I walked up to him and said, ‘All I’m looking for is chasing women, and you either have an itinerant child with you or you’re married but with child.’ ”
F a ll / W i n t e r
W&L and Lexington ended up being the perfect situation for Kilgallon and his wife, Irene, to raise a family. And while the dual challenge of family and getting through law school may seem daunting, Kilgallon wouldn’t have had it any other way. “My wife took care of everything for me,” Kilgallon said. “She took care of the meals and the things around the house. And I had them to enjoy—my wife and my daughter—and it was a nice distraction from the intensity of school. I think I had an advantage over those who were single.” He added, “The nice thing about W&L is that it’s a small school. There were about 120 people in our class. You knew everybody and everybody knew everybody else. W&L always tried to encourage that. The faculty were very approachable. You could go up to their offices at any time and had an opportunity to interact one on one. As I look back on it, I think all the professors were approachable, and I probably should have approached them more often. I think maybe all of us should have.” W&L’s small size meant that buddies like Stewart became not just friends, but members of the family. “They watched our children grow up,” Kilgallon said. Kelly Wrenn ’84, now the godparent of Kilgallon’s second child, Jimmy, was another one of those friends. By the time third year came around, Kilgallon was the editor of the W&L Law Review and Wrenn was president of the student bar association. “He’s got a first-class mind,” Wrenn said. “He picked up legal concepts pretty easily. That helped him as the Law Review editor, and by then he was already managing people, which he’s gotten very good at.” 17
12/18/08 2:23:25 PM
ilgallon went to a small firm out of school, then joined Stewart at King & Spalding shortly thereafter. Both Kilgallon and Stewart, now an executive at Delivery Business Inc. in Atlanta, eventually realized their future lay outside the practice of law. They left around the same time, in 1988, to take general counsel jobs at private businesses. “We both had a lot more interest in building something of value that could provide others gainful employment, that could produce a good product,” Stewart said. “We talked a lot about how practicing law just isn’t going to float our boat long term, and we’d rather be in the business world.” Kilgallon’s time at K&S also helped chart his career in another way. The knowledge he gained of the health care industry carried over to a number of other jobs, including his current one. From King & Spalding he took the general counsel job
and was then promoted to CFO at Medaphis, which helped physicians and hospitals handle their accounts receivables. That marked the end of his life as a lawyer. In 1991, just a year after taking over as CFO, a job Kilgallon admittedly knew little about, Medaphis went public. In 1996, Kilgallon accepted his first CEO job, running a Medaphis spin-off called Pointshare. The company’s model was to “provide connectivity among doctor’s offices, hospitals, insurance companies and labs,” Kilgallon said. “The problem is that in our health care system, when a patient sees a doctor and travels between doctors and hospitals, the medical records are transferred by phone and fax. It’s very inefficient. A lot of stuff gets lost in the process. We created a private network so that physicians in a geographic area could communicate with each other as well as hospitals and insurers.”
Tim Kilgallon ’84 said he uses his legal background everyday as CEO of Free & Clear. “I understand how the legal system works, such as handling contracts and disputes. And my writing and presentation skills are a big advantage. So many people did not go through a rigorous process of learning to write in clear and concise ways. Businesses that don’t communicate well internally become dysfunctional, because the left hand doesn’t know what the right hand is doing.”
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/23/08 10:56:12 AM
This was all happening at the height of the dot-com bubble, and Kilgallon counts himself lucky that Pointshare had not yet gone public when the bubble burst in March of 2000. “The whole world of cheap money allowing Internet companies to lose money for years while they developed a critical mass of clients had gone away,” he explained. From there, Kilgallon moved on to Applied Discovery, a venture capital-backed start-up that streamlined and digitized the discovery process in litigation. Within two years, LexisNexis bought AD, and Kilgallon moved on. “That’s the pattern. When a strategic buyer buys a company, they tend to put in their own divisional management, and that freed me up to go look for another opportunity.” Kilgallon had developed a reputation as someone who could take a company in its infancy and grow it into a profit-generating entity worthy of being bought by larger players—a skill highly prized in the venture capital world. Six months of networking among venture capitalists eventually led Kilgallon to his current position, CEO of Free & Clear.
he challenge at F&C was similar to others Kilgallon had faced. It was a business activity that existed inside a regional health plan—Group Health Cooperative—for 20 years. Kilgallon felt comfortable managing and growing nascent companies, and he knew the health care industry well. About 20 years ago, Group Health Cooperative received a grant from the National Cancer Institute to provide counseling over the phone to people who wanted to quit smoking. That became the seminal study on smoking cessation programs and the basis for many national cessation programs. “They really started the whole practice of taking a classroombased approach and applying it over the phone,” Kilgallon said. When he took over in 2004, F&C was running smoking cessation lines for a number of states as well as a few large companies, notably Boeing. The in-house expertise was ample— they employed many M.D.s and Ph.D.s—but the company didn’t have the structure it needed: marketing or finance departments, sales, client services and technology teams. “My job was to build a company so that it was a real business and grow it. When I came in, we had some existing revenue, but we weren’t sure what the costs were.” The F&C pitch was, and remains, very simple. Research shows that a smoker costs a company $5,000 to $6,000 more per year than a non-smoker. The cost of helping one individual quit is around $1,000. About half the savings is in medical costs—a lot of large employers are self insured, so they absorb the risk of medical claims. The other half comes from improved productivity because smokers tend to be sick and absent more often. In addition to the 18 states that now use F&C as their smoking cessation provider, 49 Fortune 500 companies, 140 other major corporations and 39 regional health plans are on board. Kilgallon and his management team recently decided to F a ll / W i n t e r
“We talked to experts, and no one was really talking about why this [obesity] epidemic all of a sudden exists. Our bodies, for tens of thousands of years, maintained equilibrium without counting calories. So, to have people go through the process of extreme caloric deprivation intentionally, that’s not sustainable, and that’s why people don’t stick with it. So we developed the Mind & Body Program with that in mind. It’s a holistic approach based on today’s environment and on what we understand about behavior change from smoking, that it’s necessary to address three dimensions: knowledge, activity patterns and thinking patterns.” — T i m K i l g a l l o n ’84 add weight-loss help to F&C’s services. Theirs is a no fad-diet approach. F&C has taken its behavioral coaching model from smoking cessation counseling and applied it to obesity. “We looked at all these other programs out there. We talked to experts, and no one was really talking about why this epidemic all of a sudden exists,” he said. “We said, ‘Well, we need to create a different program, because just counting calories isn’t helpful.’ Our bodies, for tens of thousands of years, maintained equilibrium without counting calories. So, to have people go through the process of extreme caloric deprivation intentionally, that’s not sustainable, and that’s why people don’t stick with it. So we developed the Mind & Body Program with that in mind. It’s a holistic approach based on today’s environment and on what we understand about behavior change from smoking, that it’s necessary to address three dimensions: knowledge, activity patterns and thinking patterns.” Whether Free & Clear’s approach to weight loss works as well as its smoking cessation program remains to be seen. And it’s possible Kilgallon won’t be around to find out. He’s over four years in as the CEO. The company is in the black. He’s succeeded once again in taking a start-up and turning it into a profitable enterprise. “This company has great growth potential over the next several years, and, I’m sure, beyond that,” he said. “The investors are now five years into the business, and they generally have an exit strategy to realize a return within five to eight years. So a changing of hands of the investors is likely to take place eventually.” That’s the name of the game that Kilgallon has gotten himself into, and he remains philosophical about his future. “I’d like to stay with it. But it’s somewhat not within my control. At some point you kind of wonder whether the skill of putting together companies and getting them off the ground is the greater attribute, or whether the knowledge of the industry that you’ve spent several years in is. I’ll just stay open on that.” Q 19
12/18/08 2:23:34 PM
Politics. It’ll rock your world. “It’s all consuming, 24-7. It’s inspiring, depressing, exhilarating, frustrating and absolutely overwhelming,” said Les Quezaire ’92. And he should know. Former Army captain and Miami-Dade state prosecutor, Quezaire rode the political roller coaster for 14 months in his bid this year to represent Miami’s 109th, a district where denizens like Gloria Estefan and Shaquille O’Neil dip toes in pricey pools a stone’s throw from such neighborhoods as Liberty City and Overton, where residents battle street crime, poverty and bleak prospects. Ultimately garnering a disappointing five percent of a total divvied up among nine contentious candidates, Quezaire emerged in some ways disillusioned, in some ways battlescarred. But assessing the race as “the experience of a lifetime,” he’s still revved about the democratic process. This fast-spoken dynamo says his favorite film growing up was Mr. Smith Goes to Washington, and his boyhood idols were Thurgood Marshall and Dr. Martin Luther King Jr. “Going door-to-door, giving speeches to condo associations and AARP groups, learning the people and issues was incredible,” he said. “A lot of these areas I’d known from issuing arrest warrants and affidavits while working rape and murder trials for four years as an assistant state attorney—mean streets where you’d enter the living rooms and find them surprisingly immaculate because of the self-respect of the folks inside. 20
Now, just name a street, and I’ll tell you the stores nearby, the schools, the exact locations of the houses’ kitchens. I wouldn’t trade that experience for anything.” Louisiana-born and then a Virginian once his father retired to the Commonwealth, Quezaire was drawn early to life on the hustings. A political science major at James Madison University, he cut his teeth campaigning for one of his professors running for the House of Delegates from Rockingham County, then worked to elect Doug Wilder lieutenant governor and governor. Hired fresh out of W&L Law by Janet Reno, then state attorney for Miami-Dade, he moonlighted to secure fellow prosecutor Peter Welsh a 108th District seat in 2006. “Watching Pete, I distinctly remember thinking, ‘I can do this.’ ” Concern about brass-tacks issues—tax rates, education, windstorm insurance, development, affordable housing, public
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:23:40 PM
safety—as well as a visionary impulse motivated his own decision to run for office. “For seven years, I’ve coached wrestling at Booker T. Washington, a local high school. Talking to young people—about their parents getting evicted, their classmates getting killed on the streets or their own need for security and a way out of straitened circumstances— was my inspiration.” While his rivals in the race filed by paying fees, Quezaire chose a grassroots method—securing petitioners’ signatures. He needed 650 to qualify; he got 1,200. For “Focus on the Future: Moving Us Forward,” his slogan, he designed a logo that fashioned the “I” in his name into a palm tree. “For “Talking to young people—about their parents getting evicted, their Florida, of course,” he explained, “but also for Psalm 92:12: ‘The classmates getting killed on the streets or their own need for security righteous shall be like a palm tree and grow strong like a cedar of and a way out of straitened circumstances—was my inspiration.” Lebanon.’ I wanted to represent the hope of people whose spirits – L e s Q u e z a i r e ’9 2 are strong, even if their neighborhoods look like Beirut. Yet, I also about them, and my campaign experience hardly changed my wanted to speak for the entire district—the historically black mind.” With one local paper basing its endorsement, Quezaire majority, but also white and Jewish voters as well as arrivals from claimed, on “business solicitation—or how many ads a canthe Caribbean. My message was: ‘Let’s all prosper together.’ ” didate bought, as they bluntly explained”—and other papers Offering himself as a one-man rainbow coalition became ignoring the race’s smaller fry in favor of its bigger names, he his strategy. An African-American whose French last name, he began preparing for a heartbreaking Aug. 26, election day. At 7 felt, would appeal to Haitians, he also hoped to win over more p.m., the polls closed; by 7:30 Quezaire had resigned himself affluent voters with his education and prosecutorial experito losing, especially when he came in fourth among absentee ence. When the race began, his opponents were entrenched voters, a demographic he’d counted on. members of the black power structure and represented busi The eventual winner? James Bush III, a Baptist minister ness as usual. As the field filled up, however, Quezaire’s diswho’d held the seat from 1992 to 2000. Name recognition, tinctiveness faded. “A Hispanic candidate challenged me with Quezaire believes, trumped new ideas. Latinos,” he said, “and another candidate, a local guy with a Defeat, he conceded, indeed smarts. But it hasn’t diminPh.D., and a black candidate who lived in a white community, ished the zest for politics he’d developed even before his also cut into the kinds of voters I was targeting.” tenure at W&L, a time he now treasures. With his 19-year-old nephew as his campaign manager, “I loved everything about it,” he said. “The campus, the Quezaire kept on plugging, arising every morning to the classic camaraderie, the closeness between students and faculty.” So R&B strains of “Ain’t No Stoppin’ Us Now,” his theme song. sweet is the memory that he’s considering teaching law as part But frustration built—not only at such dirty tricks as the midnight of a future that will focus always, he emphasized, on service. theft of his yard signs or underhanded PR (one rival featured These days, however, as work with the Miami City Mission Barack Obama on his pamphlets even though the Illinois senator Center and the Black Women Bar Association supplements his in no way endorsed him)—but also at the rigors of fund-raising. private practice, teaching will have to wait. It may in fact wait a “Money may be the mother’s milk of politics,” Quezaire said, considerable while—for the call of the campaign trail hasn’t yet “but that milk dries up when the economy sours. People who abated. There’s an opening for a city commission post next year. pledged $150, the mandated maximum, ended up giving less.” And Les Quezaire will have a hard time saying no. Q And then there was the press. He said, “I was always cynical
F a ll / W i n t e r
12/18/08 2:23:42 PM
Jay Adams ’69 is a descendant of President John Adams and is president and CEO of A. Smith Bowman Distillery.
father-in-law bought the Jay Adams ’69 has farm next to my farm in experienced two sides of By Emma Millon The Plains,” he said. One Lexington: life as both a can imagine the storybook Keydet and a General. A gradusequence of events: young man ate of Virginia Military Institute returns home; encounters gal next and W&L Law, Adams said, “I’ve door; courtship begins; wedding ensues. been lucky to have gone to two small schools, Fast-forward to 1986, when Adams bought property in Fredertotally different in certain ways and similar in others, but both icksburg and relocated the distillery there. outstanding.” The A. Smith Bowman Distillery is currently located in A native of The Plains in Fauquier County, Va., Adams Reston, Va. After serving as vice president and director for 18 says his family can trace its history in the Commonwealth years, Adams took over as president and CEO in 1989. While back five generations to the late 1800s, when his grandfather the 12 Bowman products include gin, rum and scotch, the bought a farm. He is a direct descendant of John and Abigail most popular item is Bowman’s vodka. The 90 proof Virginia Adams, the nation’s second president and first lady. John Gentleman’s Bourbon, also known as VG90, earned praise Quincy Adams, the sixth president and the son of the second as the best whiskey in America for several years and won presidential couple, is also a relative. Virginia is a place dear to Adams’ heart, and he considbicoastal gold medals. Most recently, the Adams name was in the spotlight in the ers it to be one of the most beautiful places in the world. He HBO series on President John Adams, starring Paul Giamatti wanted to stay close to home when considering his education and Laura Linney. In fact, David McCullough, the author upon and narrowed down his choices to W&L and the University of whose book the series was based, is a casual acquaintance. AdVirginia. But when he realized that “the whole law school at ams attended the series premiere, where he met producer Tom W&L was smaller than one class at UVA, I went to W&L,” he Hanks. Though the second president was not “as personally atexplained. After experiencing life in the VMI barracks, “you tractive as Washington or Jefferson,” Jay Adams noted that his think about how nice it would be to be next door at W&L.” Growing up on a farm, Adams recalled, his father “didn’t ancestor played a large role in defining the country’s meaning want me to take an interest in [farming], because you can’t of independence as its citizens understand it today. He said, make a living.” Consequently, Adams went into his father“Times were tough. [The founding fathers] were eking out this in-law’s distillery business, established in the 1930s. “My existence of independence. They put their lives on the line.” 22
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:31:10 PM
L a w
1951 Grover C. Outland Jr.
received the VMI Foundation Distinguished Service Award. He served on numerous boards for the institute, including the board of visitors and the board of directors of the Alumni Association. He lives in Norfolk, Va.
1955 James M. Gabler (’53A) was
on a panel about wine during Reunion Weekend. He lives in Baltimore.
1965 The Hon. Daniel W. Bird Jr.
was elected an honorary lifetime director of the Virginia Tech Alumni Association. He is one of eight honorary members on the 32-member board. He lives in Wytheville, Va.
1969 The Hon. Jack L. Lintner
received the James J. McLaughlin Award from the New Jersey State Bar Association Civil Trial Bar Section. He is a member of Norris McLaughlin & Marcus
P.A. The award is presented annually to a lawyer or former judge who has demonstrated civility, legal competence and professionalism in the practice of civil trial law.
1972 James A. Philpott Jr. (’69A)
is now of counsel with Stoll Keenon Ogden P.L.L.C. in its equine law group. Philpott has served the Thoroughbred industry in myriad capacities for more than 30 years. Prior to joining the firm, he was a solo practitioner with an emphasis on the syndication of Thoroughbreds. Most noteworthy, Philpott is one of the three members of the initial board of directors of Breeders’ Cup, and he has served on the board and as an officer of the company since its formation in 1980. He lives in Lexington, Ky. John A. Wolf (‘69A) was elected chair of the board of directors of Business Volunteers Unlimited Maryland. The non-profit organization connects people
Celebrating 85 Years
N o t e s and businesses with the organizations that need their help. He is also a board member of the Downtown Partnership of Baltimore, Maryland Mentoring Partnership, Union Memorial Hospital and the Marshall Foundation.
1973 J. Jeffries Miles was selected
by his peers for inclusion in The Best Lawyers in America 2009 for his work as an antitrust lawyer focusing on the health care sector at the Washington office of Ober/Kaler. Thomas B. Shuttleworth II was inducted into the
International Academy of Trial Lawyers. Membership is by invitation only and is limited to 500 fellows from the United States. Chartered in 1954, the academy’s purposes are to cultivate the science of jurisprudence, promote reforms in the law, facilitate the administration of justice and elevate the standards of integrity, honor and courtesy in the legal profession. He lives in Virginia Beach.
1974 Stephen L. Sanetti was
named president and chief executive officer of the National Shooting Sports Foundation, a firearms trade association. He spent 28 years as an executive and general counsel with Sturm, Ruger and Co. and lives in Stratford, Conn.
1975 Robert S. Bonney Jr. was
included in the 25th anniversary edition of The Best Lawyers in America 2008 for his specialty of white-collar criminal defense. He was also selected for the fourth time as a Super Lawyer by Law & Politics magazine. He is a partner at Lomurro, Davison, Eastman and Munoz P.A. in Freehold, N.J.
1976 Frank L. Duemmler
became a partner in Kayne Anderson Real Estate Advisors. The firm has successfully launched a private equity real estate fund investing in off-campus student
From l. to r.: Don Schultz ’89A, Howard Martin ’64A and Ryan Snow ’01.
In 2008, Crenshaw, Ware & Martin P.L.C., in Norfolk, celebrated its 85th anniversary. Five of the firm’s 15 lawyers are W&L alumni, including senior partner Howard W. Martin ’64A (2007-08 Virginia State Bar president), Donald C. Shultz ’89A (2007-08 president of the Norfolk and Portsmouth Bar Association), James L. Chapman IV ’82 (2008 director and national judge advocate in the Navy League of the U.S.), Melissa Picco ’98 (the firm’s first international lawyer, based in Brussels, Belgium) and W. Ryan Snow ’01 (named a 2007 Rising Star by Law & Politics Magazine). F a ll / W i n t e r
2 0 0 8
12/18/08 2:31:18 PM
L a w
N o t e s
H a il to t he C hie f s For the first time in Norfolk’s history, the chief judges of all three Virginia state courts in the City of Norfolk, Va., hail from the W&L School of Law. Pictured above (from left to right): Ray W. Dezern Jr. ’70, Norfolk General District Court; Everett A. Martin Jr. ’74A, ’77, Norfolk Circuit Court; and Jerrauld C. Jones ’80, Norfolk Juvenile and Domestic Relations Court.
housing across the United States. He lives in Wilton, Conn. Hiram Ely III started an
online travel business (terrytrips.com) to help feed his travel habit. He said, “It has the exact same travel deals as Travelocity, sometimes better, so please consider it for your online travel and other needs, such as purchasing flowers or concert tickets or even automobiles. There is also information on the site about becoming a travel agent yourself, if you’re interested.” Ely was also elected president of the Centre College alumni association and chairman of the Kentucky Bar Association’s Alternative Dispute Resolution Section. He is a member of the Louisville office of Greenebaum Doll & McDonald P.L.L.C.
1977 Theodore D. Grosser was
recognized by Chambers USA: America’s Leading Lawyers 24
for Business as one of Ohio’s leading corporate/merger and acquisition attorneys. He is a partner in Porter Wright’s corporate department and lives in Cincinnati.
1978 John C. Parker , after 30
years in private practice, has become corporate counsel for NBIS Inc., an insurance services holding company serving the construction industry located in Atlanta. He continues to serve as a mediator and arbitrator for Henning Mediation and Arbitration Service Inc. He and his wife, Laura, also own and operate SummerWind Farm in Newnan, Ga., dedicated to retraining former Thoroughbred racehorses for careers in amateur horse sports. Benjamin G. Philpott (’75A) filed to run for the
open Superior Court judgeship in Davidson and Davie counties in North Carolina.
1980 The Hon. Robert A. Irons
is working with the Summers County (W.Va.) Commission to establish a community corrections program as an alternative to incarceration. He is also seeking his third term as a circuit judge. He lives in Pickaway, W.Va.
1981 Jeffrey H. Gray joined
the Virginia Beach office of Troutman Sanders L.L.P. Walter D. Kelley Jr. (’77A)
returned to private practice with Jones Day after serving as a U.S. district court judge in Norfolk since 2004. He lives in Alexandria, Va. Charles W. Miller III pre-
sented a seminar entitled “Strategies for Addressing & Managing Products Liability Risks in the Life Science Industry: Navigating Through the Legal, Accounting and Insurance Implications.” He also spoke at the MEDI 2008 convenW & L
L a w
A l u m n i
tion in Hartford, Conn. His lecture, “When No Press is Good Press,” discussed recent developments in pharmaceutical and medical device litigation. He works for Norris, McLaughlin & Marcus P.A., in Somerville, N.J. Carolyn S. Wilson was named a Georgia Super Lawyer for 2008. She is a member of the Atlanta office of Womble Carlyle Sandridge & Rice P.L.L.C. and represents clients in capital markets finance and commercial real estate.
1983 Mary Grace O’Brien was
elected to the Circuit Court of Prince William County, with an eight-year term that began May 1. She is the first woman to serve on this circuit court. As part of the Virginia State Bar Ethics Program, she regularly lectures on professionalism and will be on campus in February to discuss professional values.
M a g a z i n e
V o l
9 . 1
12/18/08 2:31:28 PM
L a w
N o t e s
Paul Howe ’08, the CEO at Gimbie Adventist Hospital in Ethiopia, keeps a blog, gimbieadventisthospital.blog. co.uk. Why did you want a law degree? Did you anticipate you’d be working in the health care industry? I wanted a degree that would expand my career options. Most of my family works in health care and I never ruled that option out, but I planned on practicing law first. Our family spent three months in Nepal in 1998, manning a remote medical clinic. I installed solar panels and lighting systems. Royal forces controlled our area by day, and Communists controlled it at night. I got to watch my dad, who is an internist, negotiate with both sides. I wasn’t that interested in the medical side of things, but I was fascinated by the political and employment angles. These interests eventually led me to law school, where I focused on negotiation and mediation. How did you end up in Ethiopia working for Gimbie Adventist Hospital? I worked at a big firm my 2L summer. It was a great experience, but I realized that I wasn’t ready to settle down at a desk job. I called the president of Adventist Health International, and he told me that Gimbie Adventist Hospital was short a CEO. My wife, Petra Houmann, grew up in Malawi and Rwanda (she was there during the genocide). Her grandfather was Haile Selassie’s personal surgeon. She encouraged me to take the offer. We were looking for jobs that would allow us to work together, and this seemed too interesting to pass up. She serves as volunteer
F a ll / W i n t e r
2 0 0 8
coordinator for the hospital and associated clinics.
What are some of the joys and challenges in your position?
How long do you anticipate being there?
Providing health care in Ethiopia is rewarding, largely because the community would not get care without the hospital. I also enjoy problem solving on all levels. The hospital was not doing well when I arrived, and making visible improvements in the hospital’s operations is satisfying. Many Ethiopian M.D.s are leaving the country for higherpaying jobs in the U.K. or U.S. We are currently experiencing a critical staffing shortage. Those who remain are able to demand higher and higher salaries. At the same time, the local and international economy is suffering. This means that services cost more and more, as patients have less and less ability to pay. Ethiopians are ambitious and determined to improve their lot in life. The hospital is the biggest employer in town, and lots of people come here looking for sponsorship, jobs, etc. Some of these people are smarter than I but have never had the opportunities that I have had. Turning them down is tough.
I agreed to stay here for two years, but I really enjoy the job and may stay longer. What are your primary responsibilities? How does having a law degree help you in your day-to-day duties? I am the country director for Adventist Health International. This includes serving as CEO of a 71-bed hospital, managing seven remote medical clinics and chairing the board of a nursing school. I spend most of my time negotiating with employees, government officials and non-governmental organizations. This often involves making legal arguments, and I frequently draw on lessons learned from Profs. Calhoun, Hoover and Murchison. Ethiopia is nearly as litigious as the U.S. and has a similar legal system. This hospital is a regular target, so my J.D. gets plenty of use.
Traditional wisdom suggests that Ethiopians should stay to help their country. However, most Ethiopian medical professionals were educated with family funds. Once they graduate, they are expected to support a large extended family. This is obviously easier to do from the U.S. than from Ethiopia. The brain drain is crippling. I think it is time for the developed nations to help Africa by sending human resources, not cash. We live in a globalized world and can’t expect Africans to stay put. I think health care quality will regress without outside help. Ethiopian culture is rich and deep. I have learned to navigate its basic tenets, but true understanding would take a lifetime. I have learned that Ethiopia’s needs are far more desperate and gripping than anything I saw on the news. Many people feel that development is moving in reverse. Being CEO of Gimbie Hospital often feels like living under the sword of Damocles. I am learning to deal with huge amounts of stress. What do you hope to accomplish? Save lives. The hospital serves hundreds of thousands of patients. We have three general practitioners, an ob/gyn and a surgeon. The patients are mostly farmers and have very little money. Typical diseases include malaria, syphilis, TB, HIV/AIDS. What’s next for you? Good question. I may stay in health care, but law is always an option. On the other hand, my two immediate predecessors landed top jobs at USAID and the Clinton Foundation, and I may follow suit. I also have an offer from the State Department. We’ll see. 25
12/18/08 2:31:36 PM
L a w
1988 The Hon. Mark S. Davis
was confirmed as a justice of the United States District Court for the eastern district of Virginia. Sens. John Warner ’49A and Jim Webb recommended him for the federal vacancy. The bipartisan support helped his confirmation to the lifetime appointment. He lives in Portsmouth, Va. Christopher J. O’Brien
published an article about connecting with potential
jurors in the August issue of Trial magazine. He is a partner in O’Brien Boyd P.C. in Williamsville, N.Y.
1989 Brian K. Manning was
named deputy director of the Cumberland County Public Library and Information Center in Fayetteville, N.C. He worked for 15 years as a civil litigation attorney in Fayetteville, the last two years in solo practice. He earned his master’s degree in library
N o t e s
Michael P. A. Cohen is a
L.L.P. as a partner and will focus on business disputes, white-collar defense and securities litigation. He lives in Littleton, Colo.
partner at Paul, Hastings, Janofsky & Walker L.L.P. in Washington.
Samuel J. Goncz was named
science from North Carolina Central University in 2006.
J. Steven Patterson works
for Hunton & Williams L.L.P. in Washington.
1991 Clifford B. Stricklin joined
the firm of Holland & Hart
1992 of counsel in the private equity group for the international law firm Jones Day, in Pittsburgh. Douglas A. Pettit was recognized as a San Diego Super Lawyer for 2008. He is
Morten Skroejer ’05 LL.M, ’07 (right) with Ambassador Friis Arne Petersen during a fall visit to Lexington.
by Emma Millon
One rainy day in the fall of 2003, Morten Skroejer ‘05 LL.M, ‘07 arrived in the small, rural town of Lexington. Originally from the cosmopolitan Scandinavian country of Denmark, this Copenhagen native said, “There was something about Lexington and the people that made me feel right at home.” Skroejer initially enrolled in W&L’s LL.M. program, but went on to complete the J.D. program as well. He now serves as a political advisor to the Danish ambassador to the United States. Both were on campus this fall, with Ambassador Friis 26
Arne Petersen presenting “The EU as a Rising Superpower.” Previous to attending W&L, Skroejer worked in Copenhagen for three years as a close aide to one of the leading politicians in Denmark’s Parliament, Pia ChristmasMoller, managing her office and advising her on policy and press-related issues. This experience led to a position as head of section at the Ministry of Finance, where he worked on regulatory reform issues. He decided to earn his LL.M. to “further my education and to give myself the chance to step back and re-evaluate W & L
L a w
what I wanted to do.” He added, “Law school teaches you to approach problems in a structured and analytical way. It is about engendering a certain bend of mind, more than the individual subjects themselves.” During his years at W&L, one class stands out in Skroejer’s mind: International Law with Mark Drumbl. He noted, “Mark Drumbl is a phenomenal teacher. When the ambassador and I meet with the Secretary of State’s chief legal advisor, for example, a number of the issues we talk about are ones that were broached in that class.” A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:31:50 PM
L a w
N o t e s
Talking $$ and ¢¢ Talcott J. Franklin ’95, head of the
litigation practice group in the Dallas office of Patton Boggs L.L.P., is the author of two new books that focus on the current financial crisis. Franklin has emerged as a leading national expert on the subprime meltdown and has been widely quoted in the financial press about the litigation battles that will come from the financial debacle. His forthcoming book, tentatively titled Emergency Economic Stabilization Act of 2008 Handbook (Thomson West, 2009), predicted the financial storm that has engulfed Wall Street and Main Street. “The recent reversal by the Treasury Department with respect to purchasing troubled mortgage-related assets underscores how poorly the risks associated with these complicated legal instruments are understood or appreciated,” he noted. “Securitization resulted in spreading the risks and rewards of credit beyond the financial sector, so, for example, the failure of subprime loans made to Nevada borrowers by a California bank could have a damaging effect on a Minnesota school board. The key to solving the problem is to establish fair values for under-valued instruments, because restarting the private market for these securities will have a shareholder and vice president at Pettit Kohn Ingrassia & Lutz P.C. Kevin B. Reid was promoted
to the position of vice president and general counsel at Sturm, Ruger & Company Inc. He lives in Oxford, Conn. Timothy P. Thurtle was
appointed as master in chancery for the circuit court for Anne Arundel County in February. He lives in Millersville, Md., with his wife, Laurie Winkler Thurtle ’93, and their daughter, Helen.
1993 Marcus E. Garcia
opened his own practice in Albuquerque, N.M. He focuses on disputes and litigation in construction, personal injury, insurance, business and employment. He lives in Albuquerque with his wife, F a ll / W i n t e r
2 0 0 8
the broadest and most beneficial economic impact. The purchase of these troubled assets at a fair, and publicly disclosed, price was the best hope of restarting the private market, because it would have allowed entities to benchmark their assets against the government’s purchase price. The alternative chosen by the Treasury Department of capital infusions to only the financial sector will not produce similar results.” His book examines the $700 billion federal rescue effort and provides an in-depth analysis of the legislation passed by Congress, discusses what the bailout means in light of any judicial decisions and includes a history of the act’s adoption, including the dramatic economic and political events that led to the bailout’s approval. His second book, co-authored with Thomas F. Nealon III, Mortgage and Asset Backed Securities Litigation Handbook (Thomson West, 2008), has been praised as “a clear and comprehensive road map to understanding virtually all aspects of bringing and defending claims involving mortgage and other asset-backed securities.” Franklin has extensive experience in the area, having litigated numerous cases related to the sale and/or securitization of loans.
Christine Ver Ploeg, and their son, Alonzo Carlos. Alexander Y. Thomas was named head of the eastern commercial litigation group at Reed Smith L.L.P. He lives in Vienna, Va.
1994 Tanya Dobash Berlage , a
partner in the Baltimore office of Saul Ewing, was named a co-chair of the firm’s life sciences practice group. Berlage works with pharmaceutical and biotechnology companies, private equity and venture capital clients and other clients in the life sciences industry on a wide variety of business and intellectual property issues. Immediately prior to joining Saul Ewing, Berlage was vice president, chief counsel, North America, for Taro Pharmaceuticals U.S.A. Inc., a multinational pharmaceutical company, where she
Summer Travels to Scotland Marie E. Washington ’03 and Willard Greer ’49 attended the Virginia Trial Lawyers Association Seminar in Edinburgh, Scotland, this summer. She is an associate in the law offices of Mark B. Williams in Warrenton, Va., and he has a solo practice in South Boston, Va.
12/18/08 2:32:03 PM
L a w
N o t e s
Ross Haine ’88 , who has a solo practice in Lexington and is an adjunct professor at the
Law School, has taken up skydiving after a 20-year hiatus. He said, “I started skydiving in 1971 in New Orleans when I was a young man and life was an adventure. It was a completely spur-of-the-moment thing. A friend and I were sitting in a bar one night, and he mentioned that he was going to learn to skydive that weekend. That sounded like fun, so I went with him. We both made three jumps on our first day, and I never looked back. “One of the things that makes skydiving unique is that there’s always something new to look forward to. When I first started jumping, the thrill for me was flying my body through the air, then floating down under an open parachute. Later, I became involved in competing with a skydiving team, doing freefall relative work, performing set sequences of freefall formations within a set time. This has always been the most attractive aspect of the sport for me. There is an elegance in performing these types of jumps, a kind of aerial ballet. Of course, I’m not nearly as heavily involved now as I was 20 years ago. I only go out a couple of times a month and make a couple of jumps a day. I call it age-appropriate skydiving.”
Safe Landing It was, of course, an opportunity to check out the latest gear. Haine commented, “A lot has changed in two decades. Technological advances mean that the equipment is a lot lighter—and a lot more expensive.” In this photo, compiled by Butch Powell, Haine catches a ride at the Orange County airport in Orange, Va., on a Twin Otter plane, and lands near the Skydive Orange Parachute Center’s hangar.
managed the company’s corporate and commercial legal matters in the U.S., Canada and Europe. Mary Williams Euler
was appointed by the North Carolina Bar Association president to serve on the association’s women in the profession committee for 2008-2009. The committee is charged with studying issues and making recommendations to the bar and the North Carolina Bar Association relating to women in the legal profession. She is a partner at McGuire, Wood, & Bissette P.A., in Asheville, N.C.
1995 Cathy Greenebaum Borten
joined the law offices of M. Gregg Diamond P.C., in Bethesda.
Barbara Jane League (’92A) was named one
of northeast Florida’s 40 Under 40 Up & Comers in 2008 by Jacksonville Business Journal. She is president and managing partner of League & Naugle P.L. and chief executive officer of Title Solutions of America, a company she recently acquired that is located in the firm’s Riverside offices. She has served in leadership positions in a variety of organizations, including Women Business Owners of Northeast Florida; The Jacksonville Women’s Business Center; the Jacksonville Urban League Economic and Community Foundation board of directors; and the Women’s Giving Alliance.
Robert V. Sartin was named
a new administrative member of the Lexington, Ky., office of Frost Brown Todd L.L.C. and is responsible for managing the daily operations of the office. He is also head of the commercial transactions and real estate practice. Andrea K. Wahlquist was among a team of lawyers from Simpson Thacher and Bartlett in New York selected as 2007 dealmakers of the year by The American Lawyer magazine.
1996 Brian A. Howie earned the
highest score on the February 2008 Arizona state bar exam. He married Kimberly Reid in May 2005. Their son, Jackson, was born in August 2006, and their daughter, Lauren Elizabeth, on June 20, 2008. W & L
L a w
A l u m n i
1997 Shawn C. Boyer was
named the National Small Business Person of the Year by the U.S. Small Business Administration. CEO and president of SnagAJob.com, he started the company in 2000, when a friend asked him to go online to help him find a summer internship. The SBA describes SnagAJob.com as a hugely successful Web site for posting and finding hourly and part-time jobs. The business started with two full-time employees crammed into a 1,000-square-foot doctor’s office in an office park. Today, it boasts 110 full-time “snaggers.” Boyer lives in Glen Allen, Va. Maria A. Feeley was appointed by the American Bar Association’s Commission M a g a z i n e
V o l
9 . 1
12/18/08 2:32:11 PM
L a w on Women in the Profession to serve as a liaison to the Philadelphia Bar Association. She is a member of Pepper Hamilton’s litigation and dispute resolution department and focuses on complex business and commercial disputes, products liability, insurance coverage and bad faith lawsuits. She also chaired the Philadelphia Bar Association subcommittee that drafted “Best Practices for the Retention and Promotion of Women Attorneys” and chaired its first Women in the Profession Summit.
for-profit organization that provides the country’s longeststanding environmental certification for building-related practitioners. The organization’s aim is to bring consumers, commercial developers and municipalities together with Green Advantage Certified building practitioners who have proven knowledge about green building techniques and approaches. He lives in Washington. appointed to the Louisiana Board of Ethics. He works for Fisher & Phillips L.L.P. in New Orleans.
Scott D. Schneider was
Ralph M. Clements III’s
by Birmingham Business Journal as a Top 40 Under 40 for his work in the business world and local community.
name was added to his firm’s masthead in May. He practices with Hubbard, McIlwain,
Kelly Jones Leventis ’03 lives and breathes the cliché: “Just because something is difficult does not mean it is not worth doing.” She currently works for Citizen Schools, a Bostonbased education reform non-profit, where she dedicates her days to expanding the learning day for middle school students and ultimately reducing the high school dropout rate. After college, Leventis began her career with a two-year Teach for America stint at a high school in Marks, Miss. It wasn’t an easy assignment. Many of the classrooms did not have a teacher, let alone textbooks. On her first day, she remembered, “I broke out in hives, I was so overwhelmed. The first thing I had to do was set up a culture of high expectations and achievement. I needed to let the students know that there wasn’t anything they could not accomplish.” A bright 11th grader in her special education class pushed Leventis out of the classroom and into public policy, where she firmly believes that “education is the best mechanism that we have for leveling
2 0 0 8
Brakefield & Clements P.C., in Tuscaloosa, Ala. F. Ryan Keith was appointed executive director of the office of legal services for the Kentucky Environmental and Public Protection Cabinet. The position is the cabinet’s general counsel. He is a member of the law firm Stoll Keenon Ogden P.L.L.C. in Louisville.
2002 Dean A. Barclay was named
a partner in the international section of Williams Mullen. His practice focuses on trade relief and customs-security issues. He lives in Bethesda, Md.
Wyndall A. Ivey was selected
Marc A. Nichols is the new COO and general counsel of Green Advantage, a not-
F a ll / W i n t e r
Charles E. James Jr. joined Williams Mullen as a partner. He focuses on complex civil litigation, white collar criminal defense, government investigations, corporate compliance and internal investigations. He lives in Richmond. Christopher D. Weaver was named chief administrative officer for Lantz Construction Company in Broadway, Va. His professional background includes five years in the consulting industry with an emphasis in aviation and three years of real estate development experience with Macro Ltd.
Thomas J. Molony (’93A)
joined the Elon University School of Law after practicing with the Charlotte firm of Robinson Bradshaw & Hinson. His practice focused on corporate and commercial law, public finance and bankruptcy. Elon has added nine full-time faculty members as the school prepares to enroll its third class of students.
N o t e s
Brian P. Hudak works as an assistant attorney for the U.S. Attorney’s Office for the District of Columbia in the civil division. He lives in Washington. Edward D. Neufville co-
Kids First Kelly Leventis ’03, now based in Boston, shows off her Red Sox apparel. BY EMMA MILLON
the playing field.” The watershed moment came when she asked her student why he was in special ed. He explained that when he was in third grade, his mother told him to go into special ed. Apparently, parents of special ed students received supplementary checks. Her student astutely remarked, “If you sat in special ed as long as I have, you’d be special ed, too.” After graduating from W&L, Leventis worked as a civil defense attorney and on education-related pro bono projects with Nexsen Pruet and Carlock, Copeland in Charleston, S.C., before applying to the International Education Policy Program at
authored “I-9 Compliance Tips for In-House Counsel and Small Businesses” for the September/October 2008 Maryland Bar Journal. He lives in Washington.
the Harvard Graduate School of Education. In 2007, Leventis received a Zuckerman Fellowship at Harvard, designed for students with a legal, medical, or business background who want to commit their careers to improving the public good. In addition to the one-year fellowship, the Zuckerman Fellowship paid for the full one-year master’s program in education policy. “My experiences and time at W&L have been invaluable since graduating,” Leventis said. “My law degree and practice continue to provide a great backdrop for thinking about the problems confronting education and have given me a unique perspective in thinking about creating effective and sustainable policy.” She retains a realistic reformative view: “The kids who have the most can typically find ways to obtain a good education, while the kids who need the most are the ones who are being left behind. We have to change that—all kids deserve a shot at life.” 29
12/18/08 2:32:19 PM
L a w Marriages M arriage S Jean Price Hanna ’00
to Timothy Paul Bickhart on July 19, 2008, in Bryn Mawr, Pa. Classmate Karie Davis-Nozemack was matron of honor, Elizabeth Curtis Horowicz and Tiffany Bond Sherrill were bridesmaids, and their husbands, Matt Nozemack ’99, Ben Horowicz ’00 and Mark Sherrill ’99 also attended, along with Marty Bowers ’80A. She is a partner in the Radnor, Pa., law firm McCausland Keen & Buckman, and he is the principal of Chestnutwold Elementary School in Ardmore, Pa. Nicole S. Neuman ’04 to Brian Wilberg ’05
in September 2007, in Washington. Susan Gibbons Parrett ’04 was the matron of honor. Guests included Karen Sykora Morrison ’04, Rob Dietz ’04, Shawn Bone ’05, David Powell ’05, Caitlin Mitchel ’05, Kelly Behre ’05, Bill Braxton ’05, Greer Smith, ’05, Chris Vrettos ’05 and Ben Danforth ’05. Christina L. Bowden ’05
to Stephen T. Burgess Jr., in Charlotte, N.C. on Oct. 20, 2007. Classmates Leslie Wood, Meghan Morgan and Lauren Paxton Roberts (’02) were part of the wedding party, and Andrea Chase, Ryan Glasgow, Lara Jacobs and Susie Richter, all ’05, also attended. She works for Dewey & LeBoeuf L.L.P. in New York.
N o t e s
Jennifer Thomason Franklin ’95 and Tal Franklin ’95, a daughter,
Sandra Ingram Speakman ’99 and Steven Speakman ’99 , a daughter, Mary Grace,
June 20, 2008. They live in Fayetteville, Ark.
Virginia Claire, on April 15, 2008. She joins sisters Ava Kathleen, 4, and Charlotte Yvette, 2. They live in Dallas.
on March 21, 2008, and adopted on June 12. They live in Auburn, Ala.
Lana Wright Spangenberg ’04 and her husband, Jan,
Sara Jones Odell ’01 and Mr. and Mrs. Gregory J. Weinig ’96 , a daughter, Lucy
Brock, on March 17, 2008. She joins brother Henry, 3. They live in Wilmington, Del. Elizabeth M. Formidoni ’99 (’96A) , and her husband,
Juan F. Mendez, a daughter, Camila Marlyn Mendez, on Aug. 19, 2008. They live in New York City.
her husband, Bill, a son, William Robert, on April 30, 2008. Will joins sister Adriana Joy. They live in New Rochelle, N.Y.
McNeal, on Oct. 5, 2008. They live in Roanoke.
Rebecca Miles Eisinger ’03
and Ike Eisinger ’03 , a son, Kevin James, on Aug. 15, 2008. They live in Alexandria, Va. Nathan Chaney ’04 and Hilary Martin Chaney ’98A, ’04 ,
a son, Jay River, on Mayuri Reddy ’07
to Christopher Wynn ’06 on May 17, 2008, in McLean, Va. They live in Falls Church, Va., where Chris is an associate in the litigation practice at Squire, Sanders & Dempsey L.L.P. In September, Mayuri joined the trusts and estate planning practice group at Hale, Carlson, Penn P.L.C. as an associate.
Vernie G. Clatterbaugh Jr. ’42 , of Waynesboro, Va., died
on Aug. 5, 2007. Carter R. Allen ’48 , of Waynesboro, Va., died on July 10, 2008. He served as a lieutenant during World War II, spending 19 months on the destroyer U.S.S. MacDonough. He practiced law in Waynesboro from 1948 to 2002. He began his career as a solo practitioner and concluded as the senior partner with Allen and Carwile P.C. He served as commonwealth’s attorney for the city of Waynesboro and the county of Augusta. He also served as city attorney for Waynesboro. He was a fellow of the American College of Trial Lawyers and the Virginia Law Foundation and past president of the Waynesboro/Augusta County Bar Association.
June 21, 2008. He served in the Army during World War II and saw action in France and Germany. His long law career included local general counsel for several corporations, representing local landowners when Interstates 95 and 64 were built and estate planning. Haw belonged to Phi Kappa Sigma.
John Proto on Feb. 18, 2008, in Adare, Ireland. She is an associate at Jones Day in Washington and has changed her name to Brooke Proto.
ter, Michaela Helene, on Aug. 17, 2008. They live in New York City.
Mr. and Mrs. Benjamin D. Byrd ’08 , a son, William
George E. Haw Jr. ’48 (’44A) of Richmond, died on
Brooke M. Corby ’05 to
Mr. and Mrs. Jeffrey S. Rogers ’94 (’91A) , a daugh-
a daughter, Eva Marie, on June 3, 2008, in Hamburg, Germany.
Tobi Bromfield ’02 to Robert Wiseman on March 22, 2008, in Dahlonega, Ga. Classmates in the wedding party included Sakina Paige (’96A) and Pranita Raghavan. They live in Woodstock, Ga.
W & L
L a w
A l u m n i
Edwin G. Shaffer ’48 , of
Wytheville, Va., died on Aug. 31, 2007. He served in the Army during World War II and worked as an attorney in M a g a z i n e
V o l
9 . 1
12/18/08 2:33:06 PM
L a w Wythe County. He was past president of the Wytheville Jaycees and a delegate to the Republican National Convention. William S. Todd ’50 , of Kingsport, Tenn., died on July 6, 2008. He practiced law for 50 years in Kingsport, first with his father and later with his son. He served in the Navy during World War II and was active in politics, working closely with Albert Gore Sr. during his senate campaigns. Isaac Leake Wornom Jr. ’50 , of Williamsburg, Va., died
on Sept. 12, 2008. He served in the Navy during World War II and later founded Patten and Wornom, where he worked for over 50 years. He was involved in numerous civic organizations in Newport News and Hampton and was an avid boater. He belonged to Kappa Sigma. John W. Gannon ’52 (’49A) ,
of Birmingham, Ala., died on Aug. 1, 2008. He served in the Navy during World War II. He worked as an attorney for several years before moving into the insurance industry. Gannon belonged to Sigma Nu. Andrew Jackson Ellis ’53 (’51A) , of Beaverdam, Va.,
died on Oct. 12, 2008. He had a great love for his bird dogs, hunting, his cattle farm and service to his community. He was a fellow in the American College of Trial Lawyers and the Virginia Law Foundation. He served as commonwealth’s attorney in Hanover County, as a councilman and mayor of the town of Ashland and on the board of trustees at J. Sargeant Reynolds Community College. He belonged to Phi Kappa Sigma. John F. McDowell ’54 (’51A) ,
of Williamsburg, Va., died Oct. 4, 2008. He served two years in the Army, principally as a counter intelligence agent in Germany. After his discharge in 1957, he was hired F a ll / W i n t e r
2 0 0 8
by State Farm Mutual Auto Insurance Co. and worked in various positions in Virginia and North Carolina until his retirement in 1995. He belonged to Sigma Alpha Epsilon. Richard E. Hill ’55 , of
Leesburg, Va., died on Feb. 5, 2008. He served in the Air Force and practiced with Steptoe & Johnson. He was later of counsel to the
N o t e s Washington office of Bell, Boyd & Lloyd. William J. McGhee ’55 , of Christiansburg, Va., died on March 25, 2008. He served in the Navy during World War II in the Philippines and later with the occupation forces in Korea. He co-founded Craft & McGhee in 1955 and worked there until his retirement in 1997. He was president of the Montgomery County
Development Corp. and the Christiansburg Industrial Corp. for more than 36 years. Following his retirement, he worked as town attorney for Christiansburg until 2005. James L. Hinkle ’56 (‘53A) ,
of Roswell, N.M., died on Aug. 13, 2007. He served in the Navy and was a general partner for Hinkle Investment Co. He belonged to Sigma Nu. William H. Draper Jr. ’56 ,
Former Trustee Isadore Scott Dies Isadore Meyer “Scotty” Scott ’37 , a member of the
Board of Trustees from 1971 to 1982, died Oct. 29, 2008. He was 95 and lived in Haverford, Pa. Scott, the son of Jewish immigrants from Europe, was born in Wilcoe, W.Va. He obtained a B.A. and M.A. from West Virginia University and was inducted into Phi Beta Kappa there. During World War II, he served as a major in the United States Army, receiving the Legion of Merit, the Bronze Star, the Silver Star, the Purple Heart, the Crown of Italy, the Degree of Cavaliers Officials and the Czechoslovakian Medal of Merit, First Class. Scott was retired as the executive director for the TriInstitutional Facilities Center at the University of Pennsylvania. He and his late wife, Joan Rosenwald Scott, were noted philanthropists and patrons of the arts in the Philadelphia area. This past May, the W&L Board of Trustees gave Scott a resolution on his 95th birthday. In the document, the board took special note of his “interest in education as a means to achieve global harmony [that] helped lead the way to international student exchange programs.” For that and his many contributions to W&L, Scott was an honorary member of Omicron Delta Kappa and the Order of the Coif, a member of The Doremus Society and the George Washington Society, and a recipient of the 250th Chapter Honoree Award. Scott was preceded in death by his wife, two brothers and a grandson. He is survived by his sister, Miriam Apter, and her husband, Nathaniel; two daughters, Betsy Kleeblatt and her husband, James, and Peggy Scott; a son, Jonathan Scott, and his wife, Grace; six grandchildren; and three great-grandchildren. The family requests contributions in his memory to either the Philadelphia Foundation, 1234 Market St., Suite 1800, Philadelphia, PA 19107; the Philadelphia Museum of Art, Development Office, P.O. Box 7646, Philadelphia, PA 19101-7646; or the Christ Church Preservation Trust, 20 N. American St., Philadelphia, PA 19106.
of Dover, Del., died on April 22, 2008. He worked in solo practice for 20 years before becoming a claims examiner with the State Insurance Fund. He enjoyed local history. Draper belonged to Kappa Alpha. Howard E. Gellis ’57 , of Boston, died on June 17, 2008. He served in the Army and later worked in the family real estate business and as the director of Guido’s Frame Art Gallery on Newbury Street. Samuel L. Harman ’58 (‘45A) , of Riner, Va., died
on Aug. 2. He served in the U.S. Army during World War II in the China-Burma-India Theater and again during the Korean conflict. He practiced law and later raised cattle. Harman belonged to Pi Kappa Alpha. Charles F. Urquhart ’70 (‘64A) , of Courtland, Va.,
died on Sept. 10, 2008. He served on active duty with the Navy and retired from active reserve duty in 1990 with the rank of commander. He was a solo practioner in Courtland and later worked as deputy commonwealth’s attorney for the city of Suffolk. He belonged to Pi Kappa Alpha. Lt. Col. Alan D. Madden ’71 ,
of Glen Head, N.Y., died on Nov. 23, 2007. He served in the Army. Donna L. Miller ’82 , of Mt. Lebanon, Pa., died on March 29, 2008.
12/18/08 2:33:08 PM
Dean’s Chair InInthetheDean’s Chair L a w
N o t e s
by Emma Millon
As dean of Marshall University’s College of Information Technology and Engineering, in Huntington, W.Va., Betsy Ennis Dulin ’92 brings experience, as well as an innovative, forwardthinking eye to the institution. A civil engineering graduate of West Virginia Institute of Technology, with a master’s degree in environmental engineering from Virginia Tech, Dulin joined Marshall as an engineering professor in the mid-1990s. Moreover, Dulin’s previous tenure as dean from 2002-2006 makes her a familiar face to the institution. Her familiarity with Marshall, she acknowledged, “helps me to be cognizant of matters most important to the faculty and students. I try to maintain a very collegial atmosphere in the college.” And she noted, “Having been a faculty member makes you closer to the students.” The College of Information Technology and Engineering has 500 students, with approximately 150 enrolled as engineering majors, a number Dulin hopes to grow. A new multi-use labora-
John J. Vavala ’82 (’75A) , of Virginia Beach, died on May 27, 2008. He earned an M.B.A. from Virginia Commonwealth University and was a certified public accountant. He worked as an investment banker and an attorney. Vavala belonged to Phi Kappa Sigma.
Judy Nicks ’84 , of Lanham,
Md., died on July 18, 2008. She earned her undergraduate degree from Howard University and worked for Allstate Insurance before opening her own practice. She specialized in bankruptcy, personal injury, domestic relations and generals civic form law. She belonged to Alpha Kappa Alpha.
tory and office facility is the first building on Marshall’s campus solely dedicated to engineering, a testament to the school’s current period of growth and expansion. A registered patent attorney, Dulin serves on several university committees and boards that make use of both her engineering and legal backgrounds, including serving as chair of West Virginia’s legislatively created Consortium on Undergraduate Research and Engineering. A member of the Council on Research Commercialization, Dulin works to facilitate commercialization of the ongoing research of the university’s professors. Fortunately, she is backed by an administration that is “100 percent behind what we are doing in engineering.” This support system allows her to hire faculty that share her passion for venturing into new areas in order to enrich the engineering program. Dulin enjoys navigating the political dynamics of a university system. “It’s what I like about my position. It is not the same every day. It involves a lot of different interests from my background.” She reflected, “There are certain times in your professional life where everything that you’ve done before comes together. This is one of those jobs for me.”
Gregory S. Matney ’87 , of Bluefield, Va, died on Oct. 7, 2008. He practiced law as a partner in Campbell & Matney Law Firm of Tazewell, and was recently appointed district court judge of the 29th Judicial Circuit of Virginia, covering Tazewell, Buchanan, Russell and Dickenson counties.
James D. Bodell ’07 , of Vancouver, Wash., died on July 14, 2008. He worked as the southwest Washington field director for the Washington State Republican Party in its Victory 2008 campaign.
Save the Date Picture yourself in Lexington for Law Reunion Weekend, April 17 and 18, 2009! We will celebrate the reunions for the classes of ’59, ’64, ’69, ’74, ’79, ’84, ’89, ’94, ’99 and ’04 as well as our Legal Legacies (any alum who graduated more than 50 years ago). For more information go to law.wlu.edu/reunion. Questions? Contact the Office of Law School Advancement at (540) 458-8587 or e-mail Joan Miller at email@example.com. You (could be) here.
W & L
L a w
A l u m n i
M a g a z i n e
V o l
9 . 1
12/18/08 2:33:15 PM
WaysTo ToGive Give Ways J im F erguson ’88
in front of me in said .
met his wife
L ee C hapel
A lisa H urle y ’88
on the first
she apparently didn ’ t notice
The couple returned for their 20th reunion this past April and celebrated the milestone by making a substantial donation to the class gift. It’s a tribute to what they value most about W&L—the small classes and access to faculty at a quality institution. “We believe that the combination of the Law School’s size and Lexington’s ambiance result in a collegiality among students and faculty that would be difficult to replicate.” Hurley previously practiced with Legal Services of Northern Virginia, where she provided free legal services to indigent clients in civil litigation. Her favorite professor was Joe Ulrich, who taught her first-year Torts class. “I even took Antitrust just so I could be in his class again,” she noted. Hurley, who does not currently practice, narrowed her favorite classes down to Commercial Law and Federal Income Tax “because both subjects were made bearable by Dean Roy Steinheimer and Professor Tim Phillips. How they took such dry material and made it interesting is still a mystery to me.” Ferguson, who manages the strategic planning division of the tax department at Exxon Mobil Corp. headquarters in Dallas, became a tax lawyer largely due to the influence of his tax professors, Gwen Johnson and Tim Phillips. Professors who made a lasting impression include Joan Shaughnessy, who taught Civil Procedure; David Millon, with his first year at W&L; Brian Murchison, with his Administrative Law and Communications classes; and Jim Phemister and his Torts class. (Phemister later became his landlord at Alone Mill on the Maury River.) “Of course, no one could forget Roger Groot on criminal procedure,” he added. But the best memory of W&L Ferguson and Hurley have is the Dean’s Cup softball game during their third
W&L. “I noticed A lisa in the pew day of L aw S chool orientation ,” F erguson me until some undefined point in time .” at
J i m Fe r g u s o n ’ 8 8 a n d A l i s a H u r l e y ’ 8 8 o n va c at i o n i n L o n d o n w i t h t h e i r d au g h t e r s K at i e (1 5 ) a n d A b by (1 2 ) .
year of law school. “Our classmate Ross Haine (see page 28), now an adjunct professor at W&L, parachuted into the festivities, only to badly break both legs on a hard landing. We doubt that anyone has been, or will be, allowed to parachute into the Dean’s Cup again.” They added, “We had a wonderful time at W&L. Our class was diverse and the faculty was smart and engaging. The W&L Honor System helped remind us of our ethical obligations that would only become more significant as we entered legal practice. But W&L’s real unique quality is its built-in sense of community. “W&L clearly is special to us personally and professionally. We want to be sure that future generations have the same opportunities we had. We encourage other alumni to join us in the W&L philanthropic tradition dating back to George Washington by increasing their financial support of the Law School and maintaining that support over time. Our donations will help maintain those aspects of the Law School we value so much: small classes, a top-notch faculty and a fit-for-purpose facility.”
12/18/08 1:24:14 PM
The Washington and Lee University S c h o o l O f L a w L e x i n g t o n,
Vi r g i n i a
w w w. l a w. w l u . e d u
No n P r o f i t O r g. U. S . P o s t a g e
P e r m i t N o. 508 N o r f o l k, Va
Supreme Court Admissions
In December, W&L alumni posed for a photo after their Supreme Court Bar Admission ceremony with Dean Rod Smolla (far left). This year’s group included (from l. to r.): Smolla; Dan Victor ’92; Mary Natkin ’85, assistant dean for Clinical Education and Public Service; Jim Howe ’63; Harvey Savitt ’68; Ashlyn Dannelly ’00; and Ron Page ’89.
12/18/08 1:23:23 PM