The Business of Law

From
the
DEan

The Business of Law

Paul Mahoney

T
he last issue of the UVA Lawyer included articles
discussing the financial crisis and its potential impact
on the markets and their regulation. In this issue, we
focus on a question more directly and immediately relevant
to most of our students and graduates how will the current
recession affect the business of law?
Legal practice has changed over the past 20 years in ways
that parallel the broader economy. The largest national
firms grew rapidly in lawyers and revenues. The gap in size
and profitability between local and national law firms grew as well. Transactional and advisory
work on complex financings and new financial products accounted for a growing share of legal
billings. Law firms entered an era of free agency, where top talents could maximize earnings by an
occasional well-timed move. Starting salaries for associates reached unprecedented levels.
The recession has slowed or reversed each of these trends. But will it result in a permanent
change in the market for legal services? One need look no further than the press coverage of law
firm layoffs, deferrals, salary cuts, and billing practices to appreciate the attention lawyers and
their clients are paying to these structural issues. Many commentators have declared that billing
by the hour will not survive the downturn; clients will insist on flat fees for particular types of
representation. Clients are also increasingly unwilling to bear the cost of training new associates,
leading some to conclude that firms will aggressively reduce the entry-level payroll, either by doing
less hiring or paying lower salaries.
Last summer, we surveyed graduates about these and other trends. We discuss the results in this
issue. I found two points particularly striking. First, despite the complaints about hourly billing, it
remains the dominant pricing model and graduates largely believe it will remain so. Second, firms
are paying a great deal of attention to whether the first year of legal practice should be something
different in kind and not just in scope from the second, third, and subsequent years.
UVA Law alumni and legal recruiters Martha Ann Sisson 85 and Amy McCormack 89
provide a careful look at the trends in legal practice. Their primary message, as I see it, is that
individual lawyers need to think of themselves as sellers of legal services, not just a part of a larger
organization that sells legal services.
The Law School, of course, is also working hard to adjust to a placement market that has
changed dramatically and faces an uncertain future. Our first step was to increase staffing in
Career Services. Fortunately for us, we were able to persuade Kevin Donovan, a litigation partner
at Morgan Lewis, to join us as the head of that office. You will enjoy reading his thoughts on the
state of the placement market and the benefits of the Virginia brand in the competition for jobs.
Stan Perry 90 and Randy Urmston 69, meanwhile, bring a note of optimism by reminding us
of the enduring value of the Virginia degree and the special qualities that make our graduates
so successful.
 Fall 2009 / Vol. 33, No. 2

Departments Features
22 Business of Law Survey Paints
1 The Business of Law Mixed Picture of Legal Market
Cullen Couch
4 Law School News
28 Office of Career Services Responds
40 Faculty News & Briefs
to Market
Rob Seal and Cullen Couch
51 Scholars Corner
Richard Schragger
32 Success in 21st Century Private Practice:
Retooling for an Enterprise Culture
55 Class Notes
Martha Ann Sisson 85
and Amy Leafe McCormack 89
83 In Memoriam

84 In Print 34 O. Yale Lewis, Jr.: Renaissance Lawyer

Randolph W. Urmston 69

87 Honor Code, Softball,

and No Class Rank
Stan Perry 90

FIND US ONLINE
FACEBOOK: law.virginia.edu/facebook YOUTUBE: youtube.com/UVALawSchool TWITTER: twitter.com/UVALaw LINKEDIN: law.virginia.edu/linkedin

Editor Cullen Couch Never fear the want of business.

Associate Editor Denise Forster A man who qualifies himself
Contributing Writers Rebecca Barns; Rob Seal; Mary Wood well for his calling, never fails of
Design Roseberries
employment.
Photography Tom Cogill; istockphoto; Dan Lamont; Robert Llewellyn; Rob Seal; Mary Wood
Thomas Jefferson
 Law School News
Best Strategy for Survival in an Uncertain World
By Ellen Daniels
I NTERNATIONAL dialogue
about the worlds oceans and seas
is crucial to keeping peace between
nations, Indonesias top diplomat said
at the Law School, September 30.
Foreign Affairs Minister H.E.
N. Hassan Wirajuda S.J.D. 88
emphasized the sharing and shaping
BOB TURNER
H.E. N. Hassan Wirajuda
The sea is life-giving and
a force for national unity
and identity.
4 | UVA Lawyer FAll 2009
of norms as crucial to keeping
nations peaceful and law-abiding. As
the largest archipelago in the world,
Indonesia has a special regard for
maritime territory and resources,
Wirajuda said. The sea is life-giving
and a force for national unity and
identity . We refer to our country as
My Land and Waters, he said.
Wirajuda acknowledged that the
world is evolving in its complexity, but
emphasized that the importance of the
oceans and seas has not diminished.
Seaborne trade accounts for almost
85 percent of world trade. And
one-third of the commerce from the
Middle East to China, the Republic of
Korea, and Japan passes through two
of Indonesias ten straits, accounting
for 60,000 vessels a year, he said. Any
disruption to this maritime traffic
would have an adverse effect on global
trade and economy, Wirajuda said.
Throughout the past decades,
Wirajuda has devoted much of his
energy to upholding principles such
as peaceful coexistence and mutual
respect among nations. Cooperation
is the best strategy for survival in an
uncertain world, he said.
Wirajuda sees the ratification of
the United Nations Convention on the
Law of the Sea, which Indonesia was
actively involved in shaping, as one
of the greatest achievements of the
international community. Adopted in
1982 by 150 countries, the convention
has been the legal framework for the
worlds oceans and seas, establishing
rules governing ocean space and
promoting stability and peace.
Indonesia is one of ten countries
that form the Association of Southeast
Asian Nations, which aims to
accelerate economic growth, social
progress and cultural development
and to promote peace and stability.
Law is always vital because we must
have an ordered society of individuals
as well as of nations. But the law
will never be strong enough until
and unless it is supported by human
values. Ethics and striving for virtue
must complement law, Wirajuda said.
Wirajudas talk was sponsored by
the Law School, the schools Center
for Oceans Law and Policy, UVAs
Woodrow Wilson Department of
Politics, and the J.B. Moore Society of
International Law.

Former NFL Commissioner:
Students Should Prepare for Global Marketplace
By Ashley Matthews
S TUDENTS should be prepared
as globalization breaks down
barriers in sports as well as business,
former NFL Commissioner Paul
Tagliabue said at the Law School on
September 24.
The first thing I think you need
to do if youre going to be engaged as
an individual or as an organization
globally, is to get out there and
put your shoes on and walk in the
streets of their neighborhoods and
on the rural roads of the countries
around the world and understand
their culture, said Tagliabue, whose
presentation was sponsored by the
Career Services Office.
For decades, American sports have
offered opportunities to overcome
racial, ethnic, and economic barriers,
Tagliabue said. Globalization offers the
same prospect to people worldwide.
In addition to the free flow of capital,
todays world allows for the free
movement of talent, he said. This
movement is not only within U.S.
teams, where an increasing number
of international athletes play football,
basketball, and baseball. Tagliabue
said the worlds movement to embrace
soccer, which was formerly dominated
by European players, is another
example of dissolving borders. Some
of the worlds best teams and players
are from South America and Africa.
When people talk about talent in
the NFL, Tagliabue said, theyre not just
talking about the Drew Breeses and
the Eli Mannings and the Tom Bradys,
but the Osi Umenyioras and other
Paul Tagliabue
players from all around the globe .
The Giants now have a player whose
grandfather was Ugandas first prime
minster and was assassinated by the
forces of Idi Amin thats a long
way from the sources of talent of NFL
players when you and I were dreaming
about becoming NFL players.
What attracts people to American
sports, Tagliabue said, is the idea that
the athletes are superhuman. People
want to worship great athletes as gods,
as they have since the days of the
ancient Greek Olympics. Muhammad
Ali and Joe Frazier, their fights were
watched by a billion people around
the world, he said. It wasnt because
there was mass participation in
boxing. It was because they were the
only two people in the world who
were willing and able to do what they
were doing.
On the other hand, he said, soccer
has not caught on in the United States
Law
School
News
because it is sold as a sport in which
anybody can participate. If everyone
can do something, he said, not a lot of
people want to watch.
Tagliabue said public participation
and a feeling of ownership are also
important elements of a successful
spectator sport. People want to cheer for
athletes they know, and teams for which
they have ownership. They do not, he
said, want to watch outsiders battle.
People who want to pursue sports
careers will be competing with people
from all over the world, and Tagliabue
encouraged students to travel widely,
learn languages, and embrace the
cultures that will inevitably become
part of the American sports scene.
People all over the world are
ready to compete and succeed, he
said. They all are pursuing the same
types of dreams, the same types of
ambitions and interests that you all are
pursuing, he said.
UVA Lawyer Fall 2009 |5
 Law
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Leading Lawyers Debate Gun Case Ramifications
T OP lawyers from either side of
the gun control debate squared
off recently at the Law School
during an event co-sponsored by the
Federalist Society and the American
Constitution Society.
On one side was Alan Gura,
who argued the landmark District
of Columbia v. Heller case, in which
the Supreme Court struck down as
unconstitutional a ban on handguns
in Washington, D.C.
His opponent at the debate was
Dennis Henigan 77, the vice president
for law and policy at the Brady Center
to Prevent Gun Violence.
The pair took issue over whether,
in the wake of Heller, the Supreme
Court is likely to incorporate the right
to bear arms at the state level, where it
would affect local gun laws.
Im fairly confident that the
Supreme Court will incorporate the
Second Amendment right, Gura said.
The only question thats up in the air is
Dennis Henigan 77
6 | UVA Lawyer FAll 2009
which path the court will take to do so.
Henigan disagreed, though he
acknowledged its likely the Supreme
Court will agree to hear a case that
requires it to address incorporation.
I guess Im here to tell you Not so
fast, Henigan said. I do believe that
there are credible arguments against
incorporation, even given the reality
of the Heller decision.
Gura said the real question is
whether the court will incorporate the
right to bear arms using the privileges
and immunities clause of the 14th
Amendment, or by using the due Alan Gura
process clause.
If the Court uses the due process
clause which Henigan said is the Henigan agreed that the decision
only likely avenue through which it on whether to incorporate the right
would consider incorporation the to bear arms could come down to an
Court would need to look at three analysis of the nature of the right to
things: whether the right to bear arms bear arms.
is rooted in legal tradition, whether its Thats where I think there may
represented by existing state law, and be a very strong argument against
the character and quality of the right incorporation, Henigan said.
itself. Because despite Alans rhetoric about
The third issue is the most personal autonomy and all these other
important, as the Second Amendment phrases that he used, the fact of the
is firmly rooted in the right to self matter is, the Heller right is grounded
defense, Gura said. He pointed to in the common law right of self
other cases in which the Court has defense, which is not the same as the
considered the quality of other rights, right to bear arms, he said.
including an abortion case in which If you look at the nature of the
he said the Court affirmed the right to interest protected by the right as
define your own concept of existence. delineated in Heller, it is an interest
If you have the right to define long held to be within the province
your own concept of existence by of the states, which makes it unlikely
choosing to end a pregnancy, certainly that the Supreme Court would force
you would have the right to define the issue on the states, he said.
your own concept of existence by Listen to the entire debate online
having arms with which to repel at: law.virginia.edu/news.
violent criminal attack that would end
your existence, he said.

Constitutional Law Scholar Joins Faculty
S AIKRISHNA PRAKASH, a
prominent constitutional law
scholar, joined the Law School faculty
this fall as David Lurton Massee,
Jr., Professor of Law and Sullivan &
Cromwell Professor of Law. Previously,
Prakash was Herzog Research
Professor of Law at the University of
San Diego School of Law. He was a
visiting professor at Virginia during
the spring 2008 semester.
Sai Prakash is a scholar of the first
rank rigorous, creative, insightful and
prolific, said Professor Caleb Nelson.
He is also a wonderful person.
Prakash has written on topics that
range from the removal of federal
He wades into very controversial areas and comes
out saying something new in a way that doesnt
seem to be politically charged.
judges to the scope of federal power
over Native American tribes, but said
his current research interests focus on
constitutional law, and specifically on
presidential powers. That includes
everything from his control of law
execution and removal of executive
officers to war powers and military
powers, he said.
Currently, Prakash is working
on a book that will examine the
historical origins and meanings of the
presidents constitutional powers.
Itll examine what I think the
Constitution meant with respect to
executive powers in 1789 by looking
at the English, colonial, state and
national antecedents of the president
such as governors and the king,
Prakash said. It will also shed light
on Washingtons understanding of his
constitutional powers.
The original interpretations of
presidential powers have changed
significantly over the past two
centuries, he said. The president
has more military power today than
they understood him to have back in
1789, but has less authority over law
execution today than he did at the
founding, so its a mixed bag. People
today tend to think that we have an
imperial presidency, and thats true
with respect to certain powers. But
regarding other powers, the presidency
seems somewhat imperiled.
The past few years have been a ripe
time for the study of constitutional
law, and though his book will have
a primarily historical focus, Prakash
said he is hopeful it will have some
contemporary resonance. This has
been quite an interesting and exciting
time for people in the field, he said.
Professor Dan Ortiz said Prakash
has a talent for tackling contentious
and divisive issues. He wades into
very controversial areas and comes
out saying something new in a way
that doesnt seem to be politically
charged, and which often overturns
Law
School
News
Saikrishna Prakash
the conventional understandings of
things, Ortiz said. The way he says
it and the strength of his analysis
convinces people.
Prakash, who relocated to
Charlottesville this summer with his
wife and daughters, said he is happy to
return to the community and the Law
School. I thought the faculty and the
students were amazing when I visited,
and I really enjoyed their company
both in the classroom and outside, he
said. Weve found Charlottesville to
be a very pretty place, especially in the
spring time.
After graduating from Yale Law
School in 1993, Prakash clerked for
Judge Laurence H. Silberman of the
U.S. Court of Appeals in Washington,
D.C., from 1993 to 1994, and for U.S.
Supreme Court Justice Clarence Thomas
from 1994 to 1995. He practiced in New
York for two years, and has also taught
at the law schools of the University of
Illinois and Boston University.
UVA Lawyer Fall 2009 |7
 Law
School
News
International Law Faculty Expands
P IERRE-HUGUES VERDIER,
a scholar of international law,
global governance, and financial
regulation, joined the Law faculty
this fall.
Verdier, who this last year served
as a visiting assistant professor at
Boston University School of Law,
is teaching international law and
banking regulation. Most of my
research focuses on the realities and
prospects of effective international
governance on matters of finance
and economic relations between
countries, Verdier said. There is an
abiding and very significant tension
inherent in attempts to create effective
international governance that
is, between national autonomy and
effective international norms.
Pierres scholarship challenges
the core ideas of some of the most
prominent scholars in the field
of international law, said School
professor Barry Cushman 86,
who chaired the entry-level faculty
appointments committee. His work
displays a remarkable level of scholarly
rigor, an impressive command of
a variety of highly technical legal
subjects of great significance, and a
sure-footed mastery of both the big
picture and the complex nuances of
factual and institutional detail.
In his most recent scholarship,
Verdier questioned the widespread
endorsement by scholars as
prominent as Anne-Marie Slaughter
of international regulatory networks
as being key to effective global
governance. Slaughter argued that
informal regulatory networks
could help govern in many areas of
8 | UVA Lawyer FAll 2009
Pierre-Hugues Verdier
international law, from environmental
issues to human rights.
Verdiers paper was recently
published in the Yale Journal
of International Law. It argues
that there are very significant
limitations on the effectiveness of
that kind of governance and these
limitations are caused by a number
of factors, including administrative
accountability mechanisms, pressures
that arise from domestic politics
and formal limits on the role that
domestic regulators can play on the
international stage, Verdier said.
Verdier said the recent global
financial crisis suggests that current
regulatory networks are not enough.
My own impression is that these
events will confirm the skepticism
that I and others have expressed about
international networks like the Basel
Committee on Banking Supervision
and their capacity to make and enforce
rules that effectively control the risk of
financial crises internationally, he said
Verdier, who grew up in a town
north of Montreal, speaks French
and English. He has clerked for the
Supreme Court of Canada, worked
at a New York law firm, and served
as a researcher for the Committee on
Capital Markets Regulation.
He holds an LL.M. from Harvard,
a diploma in public international
law from the Hague Academy of
International Law, and law degrees
from McGill University. He expects
to receive his S.J.D. from Harvard
next year.
I knew from day one that I
wanted to teach, said Verdier. I
thought it would be useful, given
the areas I am interested in, to have
real-life experience and some direct
hands-on knowledge of how things
operate in practice.
Verdier is now turning his
scholarship toward proposing an
alternative system to the idea of
international regulatory networks.
The emphasis will be on mutual
recognition by different states of
each others regulatory regimes, as
contrasted with attempts to harmonize
substantive rules, and it would also
be based on regional cooperation,
or cooperation between states that
have similar levels of regulation or
similar economic systems, rather than
universal networks or institutions.
Verdier is happy to join the Law
Schools faculty. I was very impressed
with the breadth of the facultys
interests and just how many of them
were working on issues that speak
to the kind of work I do myself, he
said. It just seemed like an ideal
environment for my research.

Tax Expert Yale Joins Faculty
E THAN YALE, a visiting
professor who specializes in
tax law and policy, has accepted a
permanent faculty position. Yale,
who taught courses on international
and federal income tax law and a
tax policy seminar during the spring
semester, joins the Law School from
Georgetown University Law Center,
where he has taught since 2004.
Professor Daniel Ortiz said
Yales work on subjects such as
deferred compensation challenged
conventional thinking and presented
the big picture and nitty-gritty
together.
Were very happy and lucky to
have him, Ortiz said. His students
really love him and his scholarship
is both very technical and very
important at the same time.
Yale plans to teach tax law,
including the introductory federal
income tax class, as well as advanced
courses on subjects such as corporate,
partnership, and international tax.
He said the subject appeals to him
because tax law impacts nearly
every other area of the law, and
because there are almost always new
developments emerging.
In terms of policy changes, I think
were going to see a lot of new and
interesting tax legislation, Yale said.
For example, the estate and gift tax
is set to expire at the end of 2009, and
most people dont think that is going
to happen. So were going to have
some new legislation, and the form of
that is quite uncertain.
Yales past research includes a
paper on the relationship between a
proposed cap-and-trade regulatory
In terms of policy
changes, I think were
going to see a lot of
new and interesting tax
legislation.
system for greenhouse gases and
federal income tax law.
The paper pointed out that
the interaction between the federal
income tax law and cap-and-trade
regulation could produce some
distortions which could interfere with
the cost effectiveness of that form of
regulation, which is thought to be its
chief advantage, he said.
Yale is currently in the beginning
stages of a second paper on the topic,
which would address the ways that
credits for the cap-and-trade system
are distributed. Academics tend to
conclude that an auction system in
which businesses bid for credits in
the cap-and-trade system would be
the best solution. But that never
happens, Yale said. For political
reasons, they are always given to the
firms for free.
However, Yale will argue that
gratis allocation need not be as costly
as some believe. Up until now,
most have considered there to be
Law
School
News
Ethan Yale
two discrete policy choices, auction
permits or give them away for free. But
I will show that policymakers could
combine tax rules and gratis allocation
of pollution permits in certain ways
that would allow the government to
capture some fraction of the revenue it
would raise through a permit auction.
The main point is that by creatively
shaping the tax rules that apply to
pollution permits, policymakers could
essentially hit any intermediate spot
between auction and gratis allocation.
Prior to Georgetown, Yale was an
acting assistant professor at New York
University School of Law. He was also
an associate at New York law firm
Wachtell, Lipton, Rosen & Katz, and a
clerk for Judge Jacque L. Wiener Jr. on
the 5th U.S. Circuit Court of Appeals.
He earned his JD at Tulane University
School of Law.
UVA Lawyer Fall 2009 |9
 Law
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News
New Professor Unites Study of Public Law, Economics
T HE question of whether judges
show political bias in their
decisions is one of the most pressing
issues in the legal system, and Michael
Gilbert is approaching it in a new way.
My research suggests that politics
matters, but that law matters more, at
least in the specific circumstance that I
examined said Gilbert, who joined the
Law School faculty this fall. Most of
the time, judges are doing a pretty good
job of applying the rule I studied.
Gilbert, who received his Ph.D. from
the University of California, Berkeleys
Jurisprudence and Social Policy
Program and graduated first in his law
school class at Boalt Hall, has been
examining the intersection between
law and economics and public law.
I am interested broadly in
legislation and issues in election law
and administrative law, Gilbert said.
More specifically I have written about
direct democracy and judicial decision-
making in legislative processes.
Michael Gilbert
10 | UVA Lawyer FAll 2009
Mike is a first-rate lawyer who
combines theoretical sophistication,
empirical skills, and an informed
understanding of legal institutions,
said Professor Barry Cushman 86. His
dissertation has the virtue of focusing
with analytic care and rigor on a very
important topic in the neglected
field of state constitutional law. We
were impressed by its intelligence,
thoughtfulness, thoroughness, and
lucidity. Were delighted that hell be
joining the faculty.
Gilberts scholarship has focused
on the single-subject rule in state
constitutional law, a widespread
state-level constitutional provision
limiting constitutional amendments,
legislation and ballot propositions
to one subject. The single-subject
rule, while not widely studied, is
important because almost every state
constitution has it, Gilbert pointed
out. It has generated hundreds or
even thousands of cases, he said.
In the past few years voters
have, for example, passed several
propositions on statewide ballots
across the country banning same-sex
marriage and same-sex civil unions.
Elected state judges have to decide
whether a proposition that forbids
both of those practices covers one
subject or two.
The question, in other words, is
whether marriage and civil unions are
the same subject, Gilbert said. A lot
of people think judges are deciding
these cases based on their politics.
Gilbert conducted a series of
surveys of law students to evaluate
the comparative effects of law and
politics on outcomes in single-subject
cases. He asked the students, who
did not know the results of the cases,
whether a proposition involved more
than one subject. He then compared
their responses to the decisions of
the judges, who did know the policy
consequences of their ruling.
Gilberts survey results suggested
that judges adhere to outcome-
neutral principles in cases involving
the single-subject rule. From this,
Gilbert suggested that judges probably
follow such principles in other
areas of the law involving clearer
rules and less-controversial topics.
It raises interesting institutional
questions about the role of courts
in a democracy, which makes it an
interesting topic to study, Gilbert said.
Im trying to make a contribution
there with this survey technique.
A Montana native, Gilbert
studied at Tulane University as an
undergraduate and worked for the
Federal Reserve for three years before
pursuing a teaching career. His
doctoral degree combines his interest
in economics and political science. He
is currently clerking for Judge William
Fletcher on the 9th U.S. Circuit Court
of Appeals.
Gilbert said he is thrilled to join
Virginias faculty. He is teaching
legislation this fall and election law
and a seminar on judicial decision-
making in the spring. Ive never
taught law students before and I
expect to be somewhat intimidated by
it, joked Gilbert, who has taught his
share of undergraduates. Im looking
forward to taking this next step with
law students.
 Law
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Law School Offers Family Alternative

Dispute Resolution Clinic

S TARTING this fall, the Law

School offers a clinic designed to
help low-income families resolve legal
adjudicated in court. Emery recently
designed training for local family law
attorneys so they could assist in such
theyve learned the skills, Emery
added. Theyve also seen how one
type of alternative dispute resolution
issues through mediation or other cases free of charge. may be better than another.
options outside of a courtroom. In addition to a seminar in the Balnave said by the end of the
The yearlong Family Alternative fall that trains students to handle course students will be able to
Dispute Resolution Clinic focuses such cases, students will receive 20 compare options for families in
primarily on custody, divorce,
visitation, and support issues. The
clinic began in 2008 as a pro bono
pilot project funded by a grant from
the Jessie Ball duPont Fund. The
family law pro bono cases are the most
difficult to place, said clinic instructor
Kimberly Emery 91, assistant dean
for pro bono and public interest. The
need for family law representation is
extreme.
The clinic partners with the
Mediation Center of Charlottesville,
which takes court-referred cases from
the juvenile, domestic relations and
circuit courts. We expect most of the Richard Balnave and Kimberly Emery 91
cases we are going to get are going to
deal with child custody and visitation
issues, parenting-plan questions, The family law pro bono cases are the most difficult
probably child-support calculations
and possibly spousal support, said to place. The need for family law representation is
clinic instructor Richard Balnave.
The clinic also may tackle some extreme.
issues in divorce cases. We can help
people in mediation work out a lot of
the details of the separation. Students hours of mediation skills training litigation, collaborative law, and
in the clinic co-mediate with the through a program approved by the mediation settings. Were going
Mediation Centers experienced and Supreme Court of Virginia. All year to have people who really want to
certified family mediators, he said. long, students are going to be given have an amicable dissolution of the
The clinic also works with the opportunities to observe mediations relationship and thats going to be
Central Virginia Legal Aid Society to and collaborative practice cases, really satisfying for our students to
accept referrals for collaborative law and to actually participate in those, work on to help people through
cases, in which clients retain their Balnave said. that difficult time, he said.
own lawyer, but in a less-adversarial Even for students who are not With the new clinic, the Law School
setting than a typical family law case planning to go on to family law, now offers 20 clinical courses.

UVA Lawyer Fall 2009 | 11

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News
No Financial Institution Is Too Big to Fail,
Mahoney Tells Congress
I F Congress passes laws that allow
the government to deem some
financial institutions too big to
fail, taxpayers will continue to bear
the brunt when those institutions
falter, Dean Paul G. Mahoney told
lawmakers during a congressional
hearing in July on Capitol Hill.
The identification of particular
firms as too big to fail and, therefore,
the beneficiaries of an implicit
government guarantee, is a bad
idea, Mahoney told the U.S. House
Committee on Financial Services. It
is not clear that the magnitude of the
problem is sufficient to justify the
scale of government intervention that
we have seen in the past year.
President Barack Obamas
administration has proposed handling
Tier 1 Financial Holding Companies,
or Tier 1 FHCs, to different regulatory
and oversight standards. The
administration has proposed creating
a special resolution regime outside the
normal bankruptcy process that would
be triggered when the stability of the
financial system is at risk.
A credible threat that failure
will lead to a resolution proceeding
in which the marginal loss will fall
on creditors, not taxpayers, will do a
better job of disciplining risk-taking
than the combination of oversight and
an implicit government guarantee,
Mahoney told committee members.
Mahoney suggested allowing
financial institutions to go through
bankruptcy proceedings, so costs may
be appropriately passed to creditors
rather than taxpayers. The best way
12 | UVA Lawyer FAll 2009
to reduce moral hazard is to ensure
that economic agents bear the costs of
their own mistakes, he said.
Mahoney suggested that the
banking crisis was not just a
temporary liquidity problem, but a
result of sharp declines in real estate
and other asset values. A bailout can
redistribute those losses to taxpayers,
but it cannot avoid them, he said.
Creditors ensured by the
government would likely anticipate
that they would be able to shift losses to
taxpayers, and may not charge enough
for the capital they provide. In turn,
the financial institution would not pay Dean Paul Mahoney
a sufficient price for taking risks. The
result is a dangerous feedback loop,
Mahoney said. Large banks have access The identification of
to cheap capital, which causes them to
grow even larger and more systemically particular firms as too
important while taking excessive risks,
all of which increases the probability of big to fail and, therefore,
a crisis.
Mahoney argued that once a firm the beneficiaries of an
has been designated a Tier 1 FHC,
other financial institutions will view implicit government
it as having an implicit government
guarantee, as they did for Fannie Mae guarantee, is a bad idea.
and Freddie Mac. Risks transferred
to Tier 1 FHCs will be in effect
transferred to the federal government.
Any institution that can keep its Risk: Are Some Institutions Too Big
gains while transferring catastrophic to Fail and If So, What Should We
losses to the government will find a Do About It? Three committee staff
way to engage in excessive risk-taking members are Virginia Law graduates:
and expansion, and the financial Jim Clinger 87, senior counsel;
system as a whole will suffer more Thomas Duncan 78, general counsel;
frequent financial crises. and Adam Trost 07, counsel.
The committee asked Mahoney Mahoneys Testimony may be
to speak at the hearing, Systemic viewed at law.virginia.edu/news.
 Law
School
News

Class of 2012 Most Qualified, Diverse on Record

T HE Class of 2012 was chosen

from the largest applicant
pool in Law School history, and
set new records for both academic
qualifications and diversity, according
to admissions data.
percent the previous year. The new
class also has the second-highest
percentage of females in school
history, at 47 percent.
This is the most qualified and
most diverse class on record, said
worked at law firms as paralegals and
interns, others gained insight into the
law working at institutions such as
European Parliament, the World Bank,
The Hague, the U.S. Supreme Court,
Congress and the White House.

About 27 percent identify themselves as minority students . The new class also has

the second-highest percentage of females in school history.

The 368 enrolled students have
a median LSAT score of 170 and a
median undergraduate GPA of 3.85,
up from 3.8 for the previous class.
About 27 percent identify themselves
as minority students, up from 16
Jason Wu Trujillo 01, senior assistant
dean for admissions and financial aid.
The Class of 2012 truly has no equal
in the history of this law school.
The students bring a wealth of
experience with them. Though many
One new student is a competitive
rifle shooter with extensive international
competition experience and Olympic
aspirations. Another is a philosophy
professor who decided to return to
school mid-career to study law.

UVA Lawyer Fall 2009 | 13

 Law
School
News
Eileene Braxton
E ILEENE BRAXTON spent
much of the year prior to law
school working in the rural mountain
community of Mullins, W.Va.
After graduating from Duke in
2008, Braxton knew she wanted to take
a year off and do some community
service work. She decided on Mullins
after doing research on nonprofits
through AmeriCorpss VISTA program.
FACTS & FIGURES
Median LSAT: 170
25%-75% LSAT: 165171
Median GPA: 3.85
25%75% GPA: 3.543.92
Average Age: 24
(range is 18 to 45)
368 students enrolled from
among 7,880 applicants
194 men (53%),
174 women (47%)
98 identify themselves as
minority students (27%)
141 directly from college (38%)
Average number of
post-college years: 2
44 have graduate degrees (12%)
14 | UVA Lawyer FAll 2009
Most people I knew who wanted
to volunteer thought they could only
go to the inner city or go abroad,
Braxton said. They didnt realize that
there are small pockets within the
United States that are rural and have
higher levels of poverty, illiteracy, and
domestic violence than many inner-
city communities.
While in Mullins, Braxton helped
community service workers identify
the areas most pressing needs, and
helped a proposed womens center
take the first steps toward becoming
a reality. Braxton said she saw her
role not as an outsider with all the
answers, but as someone who could
help residents aid their community
in ways they deem most needed and
beneficial.
It was up to me to help them
determine what they wanted to happen
and help get that off the ground, and
its up to the community to keep it
running, said Braxton, who views
community service and volunteerism
as individual responsibilities the more
fortunate have to others.
Braxton is of Cherokee and Thai
descent and spent her early childhood
in a rural Appalachian community in
North Carolina, where she developed a
fascination with the culture. Her next
stop after West Virginia, however, was
anything but rural.
She participated in a Sponsors for
Educational Opportunity program
for rising law students from diverse
backgrounds who have been accepted
to top law schools. The program
brought her to New York City,
where she worked in the pro bono
department at Shearman & Sterling
on cases involving issues ranging from
the Violence Against Women Act to
political asylum.
It was a lot of fun, she said. It
made me want to come to law school
even more.
Braxton wasnt alone in taking
some time off between undergraduate
study and law school. Her classmates
averaged about two years between the
two, and only 38 percent of the class
came directly from college.
Andrew Peach
E VEN by those standards,
Andrew Peachs path to law
school was longer than most. To join
the Class of 2012, Peach took a leave
of absence from Providence College in
Rhode Island, where he is an associate
professor of philosophy.
Peach found himself drawn to
the law as his teaching and research
interests in philosophy trended
toward practical areas such as ethics in
biomedicine and business. It became
increasingly clear to me that my
direction was leading toward where
logic meets life, as they say about the
law, Peach said. It just naturally
opened the door to law school.
He wanted an education that
would leave all potential doors open
to him after graduation including
academia, private practice and public
service and said he felt drawn

to UVA Law in part because of its
excellence in all those areas.
Peach said both the Law School
and Charlottesville communities have
been welcoming and accommodating
since he moved to Virginia with his
wife and three children over the
summer. What I heard over and over
again is that UVA is the place to get
a humane legal education, he said.
Charlottesville is a fantastic place to
raise children and have a family life.
The transition from teacher to
pupil has been a smooth one so
far, Peach said, and hes found that
his classmates make a significant
contribution to the quality of the
in-class discussion.
Even though my colleagues are
younger than I am, and in some ways
I have life experience that they dont,
I find them to be remarkably talented
young people. Ive already changed
my mind in class on judgments based
upon what students have said.
To describe his classmates, Peach
turned to concepts developed by
philosophers during the Middle Ages.
The medievals distinguished between
what they called ratio and intellectus,
he said. Intellectus is the ability to
Members of the Class of 2012 come from 10 foreign countries and 40 different states,
as well as Washington, D.C.
grasp a fundamental insight or pearl
of wisdom. Often, the latter takes more
life experience. Ratio is more like the
ability to move from insight to insight.
To Peachs eye, his fellow students in
the Class of 2012 have ratio in spades.
They can move all around the avenues
of these arguments with great fluidity,
he said. Its quite impressive.
Peach isnt the only member of
his class to enter with impressive
academic credentials; 43 of his
classmates already have a graduate
degree. Many others previously served
in the military or worked for federal
agencies or think-tanks. Only one,
however, is an Olympic hopeful in
competitive air rifle shooting.
Meghann Morrill
M EGHANN MORRILL was
an NCAA Division I athlete at
the University of Nevada, Reno, who
hopes to continue her competitive
rifle shooting career while obtaining
her law degree.
Morrill began shooting BB guns
with her dad in the back yard when
she was six, but didnt start competitive
shooting until she noticed her high
schools rifle team at an activities fair for
incoming freshmen. I picked up a flier,
and I went and tried out for it because it
was a winter sport. They told me I was
Law
School
News
really talented. They exaggerated a bit,
but I spent the next few years working to
improve my skills, she said.
Her efforts led to a scholarship
offer for competitive shooting, one
of only two collegiate sports in which
men and women compete against
each other. Morrill has also been
part the U.S. national team, and
traveled extensively for international
competitions. Last year, she competed
in World Cup events in South Korea,
Italy, China and Germany. I racked
up the frequent flyer miles, she said.
In international competition,
which is separated by gender, Morrill
competes both in small-bore rifle or
.22 caliber and her specialty, air rifle.
Though she joking refers to her air rifle
as a glorified BB gun, its anything but
childlike. Custom built in Germany, her
Feinwerkbau rifle uses compressed air
to propel a .177 caliber pellet. Air from
a SCUBA tank fills the air rifle cylinder,
and contestants wear suits specially
designed to neutralize any influence the
shooters pulse could have on trajectory.
Morrill tried out for the 2008
Beijing Olympics, and after three
days of competition finished sixth in
her event out of a field of about 70.
Only the top finisher made the team.
Unsatisfied with the outcome, she
plans to continue training while in law
school in the hopes of securing a spot
for the 2012 games.
Morrill said she has always felt
drawn to the law, and that she decided
on Virginia after visiting several law
UVA Lawyer Fall 2009 | 15
 Law
School
News
schools during the spring break of her
senior year in college. I visited here,
and I took one of the student-guided
tours and sat in on a class, she said.
The students sold me on the school;
it felt like home. The students who
gave the tour were really friendly,
and even during the class four or five
students came up and asked if I was a
prospective student. They said Youd
really like it here. It just felt like it was
a good fit for me.
Morrill majored in accounting
as an undergraduate, and said shes
interesting in areas such as tax,
estate planning and corporate law.
As for shooting, shes already made
arrangements to train at a nearby rifle
range she uses a special electronic
target that uses sound to pinpoint
impact location and plans to begin a
five-day per week training regimen this
fall in anticipation of an international
competition later this year.
The Class of 2012 was chosen from the largest applicant pool in Law School history,
and set new records for both academic qualifications and diversity.
Theres no doubt that its going
to be challenging, but I like being busy
and I like being involved in different
activities. When I get tired of the books,
I can go shooting. And when I get tired
of shooting, I can go back to the books.
Morrills fellow members of the
Class of 2012 come from 10 foreign
countries and 40 different states, as
well as Washington, D.C.
16 | UVA Lawyer FAll 2009
Ben Massey
B EN MASSEY is originally from
Atlanta, and worked for a variety
of law firms in Washington, D.C., before
beginning law school this fall. Despite
this, no one could have convinced him
during his junior year at Princeton
that law school was in his future.
At that time, law school was
explicitly crossed off my list of activities
after graduation, he said. Part of it
was this image of lawyers as ambulance
chasers, or people who use slimy
technicalities to get around things. But
I think what converted me to a more
positive view of the legal industry
was the connections I made in my
independent work on political issues.
A political enthusiast, Massey
found himself drawn to the legal
underpinnings of policy arguments.
As an undergraduate, he researched
and wrote independent papers on
the governments power to seize land
through eminent domain and on a
Florida law that repealed the duty to
retreat, a principle of self-defense law
that requires the victim to flee in the
face of a potentially deadly attack.
Then, for his senior thesis, Massey
researched and wrote on the growth
of the power of judicial review from
the founding of the country through
the present. So I looked back on
the eminent domain paper, the self
defense paper and the judicial review
tome, and it was kind of obvious that
I was going to law school, he said.
After graduation, he worked
for over a year as a paralegal in the
Washington, D.C., office of a law firm
that was among the victims of the
economic downturn. After being laid
off, Massey found himself working for
a libertarian public interest law firm
on an issue close to his heart from his
undergraduate days: eminent domain.
He worked to help educate community
members opposed to their state or local
governments plan to seize land.
Wed go through and help them
organize and help them learn the law
of the state, county or city, and help
them figure out what the process is
and help them fight it, he said.
When searching for a place to study
law, Massey said he was interested in
finding a top school where he would
get a quality education, but also be able
to work and learn in a friendly and
collegial atmosphere.
One of the things I wanted to find
in a law school was an environment
that was cooperative, friendly and
congenial, a place where people work
together, he said. After a visit, I
thought If I come here, Ill be happy
for the next three years, even with the
rigors of law school.
 Law
School
News

Clerkships for 20092010 Term

* All are members of the Class of 2009 unless otherwise noted.

Emily Alexander 08 Andrew Black Marshal Bozzo 04

The Honorable Ronald L. Gilman The Honorable Rhesa Barksdale The Honorable Lawrence M. McKenna
U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. District Court, Southern District of New York

Stephen Anthony Jeremy Bloor Joshua Bradley

The Honorable Rebecca Beach Smith U.S. The Honorable George Kendall Sharp 63 The Honorable Robert R. Beezer 56
District Court, Eastern District of Virginia U.S. District Court, Middle District of Florida U.S. Court of Appeals for the Ninth Circuit

Ian Atkinson 08 Ellen Bognar Orran Brown

The Honorable Edith Brown Clement The Honorable Angel Cortinas The Honorable Richard Williams 51
U.S. Court of Appeals for the Fifth Circuit Florida Third District Court of Appeals U.S. District Court, Eastern District of Virginia

John Bennett Andrew Bosse 08 Emily Buckley

The Honorable Will Garwood The Honorable Edith Brown Clement The Honorable Lance M. Africk
U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. District Court, Eastern District of Louisiana

UVA Lawyer Fall 2009 | 17

 Law
School
News
Donald Burke 08
The Honorable Raymond M. Kethledge
U.S. Court of Appeals for the Sixth Circuit
Katie Burke 08
The Honorable Gerald Tjoflat
U.S. Court of Appeals for the Eleventh Circuit
Catherine Byrd
The Honorable Robert Doumar 53, LL.M. 88
U.S. District Court, Eastern District of Virginia
Thomas Henry Camp
The Honorable C. Ashley Royal
U.S. District Court, Middle District of Georgia
Jennifer Carpenter-Everett 08
The Honorable Thomas C. Wheeler
U.S. Court of Federal Claims
Meghan Casey 08
The Honorable Norman Stahl
U.S. Court of Appeals for the First Circuit
Katie Cole 07
The Honorable Richard D. Bennett
U.S. District Court, District of Maryland
Robert Derise
The Honorable Norman K. Moon 62, LL.M. 88
U.S. District Court, Western District of Virginia
Samuel Doran
The Honorable Curtis Gomez
U.S. District Court, Virgin Islands
Alicia Nicole Ellington 08
The Honorable Paul V. Niemeyer
U.S. Court of Appeals for the Fourth Circuit
Jordan Feirman 07
The Honorable Eric Nicholas Vitaliano
U.S. District Court, Eastern District of New York
18 | UVA Lawyer FAll 2009
Katherine Foss
The Honorable Raymond Jackson 73
U.S. District Court, Eastern District of Virginia
Sarah Fritsch
The Honorable Cynthia Rufe
U.S. District Court, Eastern District of Pennsylvania
Ross Goldman 08
The Honorable Dennis Jacobs
U.S. Court of Appeals for the Second Circuit
Brandon Graves
The Honorable J.L. Edmondson LL.M. 90
U.S. Court of Appeals for the Eleventh Circuit
Jennifer Greenlief 08
The Honorable Thomas E. Johnston
U.S. District Court, Southern District of
West Virginia
Preston Hartman
The Honorable Laurie Ann Booras
Colorado Court of Appeals
James Harvey 08
The Honorable Gilbert Merritt
U.S. Court of Appeals for the Sixth Circuit
Mark Hiller
The Honorable Robert D. Sack
U.S. Court of Appeals for the Second Circuit
Colin Holmes
The Honorable Frederick Martone
U.S. District Court, District of Arizona
Christine Ives
The Honorable Rebecca Beach Smith
U.S. District Court, Eastern District of Virginia
Marissa Jenkins
The Honorable Liam OGrady
U.S. District Court, Eastern District of Virginia
Brian Johnson
The Honorable Terrence ODonnell
Ohio Supreme Court
Elizabeth Katz
The Honorable Frederick Motz 67
U.S. District Court, District of Maryland
Sarah Klapman
The Honorable Charles Pannel
U.S. District Court, Northern District of Georgia
Vikas Kumar
The Honorable Robert G. Mayor
U.S. Bankruptcy Court, Eastern District of Virginia
Elizabeth Anne Laningham
The Honorable Lynn Hughes LL.M. 92
U.S. District Court, Southern District of Texas
Colin Lecroy
The Honorable Sidney Fitzwater
U.S. District Court, Northern District of Texas
Josephine Liu 08
The Honorable Beverly Martin
U.S. District Court, Northern District of Georgia
Bridget Mayer
The Honorable Margaret Seymour
U.S. District Court, District of South Carolina
Amber Moran
The Honorable Michael Schneider LL.M. 01
U.S. District Court, Eastern District of Texas
Paul Mysliwiec
The Honorable Maurice M. Paul
U.S. District Court, Northern District of Florida
James Nelson
The Honorable Jerry Smith
U.S. Court of Appeals for the Fifth Circuit

Matthew Nicholson
The Honorable J. Harvie Wilkinson 72
U.S. Court of Appeals for the Fourth Circuit
Christopher Norfleet
The Honorable Sidney Fitzwater
U.S. District Court, Northern District of Texas
Sinead ODoherty 08
The Honorable Robert B. King
U.S. Court of Appeals for the Fourth Circuit
Rob Painter
The Honorable Danny J. Boggs
U.S. Court of Appeals for the Sixth Circuit
James Parker 08
The Honorable Keith Watkins
U.S. District Court, Middle District of Alabama
TJ Parnham
The Honorable Louise W. Flanagan 88
U.S. District Court, Eastern District of
North Carolina
Lee Peifer
The Honorable Phyllis Kravitch
U.S. Court of Appeals for the Eleventh Circuit
Noah Peters
The Honorable David Katz
U.S. District Court, Northern District of Ohio
Kelly Phipps 08
The Honorable Martha C. Daughtrey
U.S. Court of Appeals for the Sixth Circuit
Brian Rabbit 08
The Honorable Thomas Hardiman
U.S. Court of Appeals for the Third Circuit
Franklin Tom Reece 06
The Honorable James Cacheris
U.S. District Court, Eastern District of Virginia
Law
School
News
Amy Saltzman Justin Torres 08
The Honorable F. Bradford Stillman 76 The Honorable Edith Brown Clement
U.S. District Court, Eastern District of Virginia U.S. Court of Appeals for the Fifth Circuit
Jeffrey Schmitt 07 James Tysse 06
The Honorable Susan Harrell Black LL.M. 84 The Honorable Karen LeCraft Henderson
U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the D.C. Circuit
Scott Schwartz Tom Valente 01
The Honorable Anthony John Trenga 74 The Honorable Peter W. Hall
U.S. District Court, Eastern District of Virginia U.S. Court of Appeals for the Second Circuit
Nitin Shah William Vigen
The Honorable Thomas Selby Ellis The Honorable M. Blane Michael
U.S. District Court, Eastern District of Virginia U.S. Court of Appeals for the Fourth Circuit
Aaron Shephard Charles Weinograd
The Honorable James Gwin The Honorable Beverly Martin
U.S. District Court, Northern District of Ohio U.S. District Court, Northern District of Georgia
Jason Shyung 08 Cleland Welton
The Honorable Catharina Haynes The Honorable Charles R. Simpson III
U.S. Court of Appeals for the Fifth Circuit U.S. District Court, Western District of
Kentucky
Caitlin Stapleton
International Court of Justice Jasmine Yoon 06
The Honorable James Cacheris
Bryan Starrett U.S. District Court, Eastern District of Virginia
The Honorable Norman K. Moon 62, LL.M. 88
U.S. District Court, Western District of Virginia
James Stern SUPREME COURT CLERKS
The Honorable J. Harvie Wilkinson 72
U.S. Court of Appeals for the Fourth Circuit Winn Allen 08
The Honorable Samuel Alito
Jeffrey Sullivan
The Honorable Terrence Boyle Pamela Bookman 06
U.S. District Court, Eastern District of The Honorable Ruth Bader Ginsburg
North Carolina
Jamie McDonald 08
Andrea Surratt 08 The Honorable John Roberts
The Honorable Debra Ann Livingston
U.S. Court of Appeals for the Second Circuit Katherine Twomey 08
The Honorable Antonin Scalia
UVA Lawyer Fall 2009 | 19
 Law
School
News
COMMENCEMENT 2009
Evan Thomas 77 Urges Graduates to Embrace Humility
D URING commencement in
May, Newsweek editor-at-large
Evan Thomas 77 encouraged the
Class of 2009 to balance confidence
and pride, traits he said could be
virtues or vices for new attorneys.
I want to talk to you today
about humility, because I think it
has become an underrated virtue,
and because I think it is sometimes
misunderstood. Humility is too
often associated with meekness and
self-doubt. I see it in a different way.
I see humility as a true measure
of confidence, Thomas told the
graduates.
Thomas said he was full of pride
as he ended his third year of law
school. He aspired to write for the
Wall Street Journal, and sent a letter
to the editor requesting a meeting.
Afterward, he realized hed called the
editor by the wrong name. He wrote a
20 | UVA Lawyer FAll 2009
second letter to apologize and explain
his embarrassment, but repeated his
request for a meeting. The editor
replied, Dear Mr. Thomas, you also
misspelled the word embarrassed.
Though Thomas never did work
for the Wall Street Journal, he has
been a staff member at Newsweek
since 1986, where he has served as
Washington bureau chief and assistant
managing editor. From 1977 to 1986,
he was a writer and editor at Time
magazine. He has won numerous
journalism awards, including a
National Magazine Award in 1998 for
Newsweeks coverage of the Monica
Lewinsky scandal. He is also the
author of six books.
Pride, Thomas told the graduates,
is a virtue when it leads people to
work harder, stand up straighter and
be the best that you can be. However,
he said, pride also leads to wars and
broken families. Its easy to become a
slave to pride.
I think lawyers too often have
become the servants of pride, their
own pride and the pride of their
clients. Back in the day, there was
an expression, A good lawyer is a
lawyer who keeps his client out of
court. I dont hear that so much
anymore, Thomas said. It seems to
me theres more emphasis now on
combat, on battling the other side,
words of fighters, warriors. The idea
is to overwhelm, to grind down the
opposing party.
Thomas also told the rising attorneys
to see beyond their roles as advocates and
embrace the role of wise counselor.
Theres a tendency for lawyers to
become yes-men and yes-women,
to tell their often high-paying clients
what they want to hear that they
can do whatever it is they want to do,

Thomas said. Where, you might ask,
were the lawyers in the Enron scandal
or the endless debacles that have
engulfed Wall Street? Where were the
lawyers who said no to their clients,
who worked with clients to help them
see the weakness of their case?
It takes a truly confident attorney
to stand up to clients and offer advice
concerning not only what is legal, but
what is right. A good attorney, he said,
tells a client what he needs to hear, not
just what he wants to hear. A good
attorney is a peacemaker, not a gladiator.
The truly confident people I know
are self-knowing enough to be
humble, Thomas said. They are not
just smart, but wise. They have a true
appreciation of the pitfalls and limits
of human nature.
After Thomas spoke, 404 J.D.
graduates, 30 LL.M. graduates and one
S.J.D. graduate received their diplomas.
Law School Dean Paul Mahoney
reminded class members to remember
the many skills they learned in law
school, including the importance of
leadership.
You have been trained to be leaders,
and you will be in your careers, in
your communities and, in some cases,
in appointed or elected government
service, Mahoney said. I do not
doubt that at some future reunion of
the Class of 2009, we all will marvel in
the variety of ways in which you have
succeeded in the intervening years.
Outgoing Student Bar Association
President Ryan Quillian commented
on his peers overwhelming support
for the class gift, to which 93 percent
of the students contributed. Quillian
reminded his classmates that even in
a time of uncertainty caused by the
economic downturn, the Class of
2009 is dedicated to becoming not just
lawyers, but citizen lawyers.
Law
School
News
Instead of facing the impending
uncertainty with fear, lets view it as
an opportunity. Times like these are
when citizen lawyers are needed most,
not just in the legal profession, but in
every profession, Quillian said. Now
is when the cooperation, integrity and
community involvement we learned
here is of the utmost importance.
Using the skills that UVA taught us,
we have the opportunity over the
course of our careers to remake the
practices and institutions of this
country for the better.
2009 GRADUATION AWARDS
Margaret G. Hyde Award Rebecca Dopkins Vallas
James C. Slaughter Honor Award Douglas Matthew Andre
Thomas Marshall Miller Prize Susan Joyce Ruggero
Z Society Shannon Award Matthew Brian Nicholson
Law School Alumni Association Best Note Award Elizabeth-Ann Dater Katz
Robert E. Goldsten Award for Distinction in the Classroom James David Nelson
Roger and Madeleine Traynor Prize James David Nelson
James Yarbrough Stern
Herbert Kramer/Herbert Bangel Community Service Award Phillip Thomas Storey
Mortimer Caplin Public Service Award Rebecca Dopkins Vallas
Edwin S. Cohen Tax Prize Daniel Joseph Walter
Earle K. Shawe Labor Relations Award Olushola Ayanbule
Eppa Hunton IV Memorial Book Award Benjamin Ryan Sachs
Virginia Trial Lawyers Trial Advocacy Award Joseph Barlow Warden
Virginia State Bar Family Law Book Award Elizabeth-Ann Dater Katz
Stephen Pierre Traynor Award Lee Alexander Peifer
Daniel Rosenbloom Award Matthew Brian Nicholson
UVA Lawyer Fall 2009 | 21
BUSINESS OF LAW
MIXED PICTURE
SURVEY PAINTS
OF LEGAL MARKET
By Cullen Couch

A
MID-SUMMER ONLINE SURVEY of UVA something akin to a hotel approach where you pay for X
Law alumni shows that the economic downturn is number of rooms for Y number of nights and get an overall
clouding the business and culture of the nations discount off the rate for the rooms.
law firms and in-house legal departments. Its intensity
depends largely on the size of the firm or company, and
to a lesser degree the size of the city in which the firm or
company is based. National and international firms are
faring worse than their local and regional counterparts, and BILLING RELATIONSHIP WITH OUTSIDE COUNCIL

publicly-traded entities are struggling more than privately- Non-profit Privately-held Publicly-held
held companies and non-profits. Over 95% of all legal
100%
employment sectors report moderate to severe impacts. 100%

91.4%
89.3%

TRADITIONAL HOURLY RATE STILL DOMINATES

80%

Although national and international firms report that

clients have begun renegotiating fee arrangements and
demanding discounts, the traditional hourly rate structure 60%

remains dominant in law firms of all sizes and locations.

The hourly rate, for all its faults, does provide a
measure of the difficulty and effort required, says a 40%
respondent from a national firm in a large metro area. It
provides a good standard for pricing services, particularly
on the defense side. However, the respondent also notes
20%
that on the plaintiff side, where litigation is designed to
create new wealth for a client, there is a greater opportunity 10.7%
8.6%
to vary from the hourly rate. An international firm reports
that it is doing away with block billing and offering 0%
Retainer, hourly rate Set fee by job

UVA Lawyer Fall 2009 | 23

The hourly rate, for all its faults, does provide a measure of the difficulty and effort required.
Partners seem to completely lack a realistic understanding of how

Smaller firms seem to feel less pressure on fees, possibly
because of greater competitive stability in smaller markets.
Our clients compare our rates to those of the national
firms and know that they are getting a bargain, and have
told us so, says a regional firm. Another regional firm
respondent agrees, reporting that [w]e have turned away
more prospective clients and argued more and more why
we should be allowed to be paid for work done. But a small
firm attorney admits that the firm is willing to entertain
alternative rate structures as needed.
On the client side, corporate counsel continue
grudgingly to accept the hourly rate structure. Although
55% say they are looking for set fee arrangements to replace
hourly rates, over 90% of them report that they still use
hourly billing arrangements with outside counsel but are
seeking lower billable rates.
Even with those few who are experimenting with
alternative fee arrangements, the hourly rate still resonates.
We negotiated a flat blended rate with one firm, a
discount with another firm, a set fee by job, and have still
paid hourly rates, says one respondent in a privately held
company. We are trying to move more outside counsel to
alternative fees, says counsel in a publicly-held company,
but find it difficult to do so where firms continue to
measure productivity and profitability based on the billable
hour. Firms have been more willing to move certain
types of matters (e.g., some IP and labor matters) to
fixed-fee arrangements where the level of work is more
routine and predictable. In the M&A arena, firms are very
resistant to fixed-fee arrangements they say because of
unpredictability of deals (some truth to this) but also
because this is a highly profitable area for law firms and
they dont want to harm the golden goose.
FIRM LAYOFFS, SALARIES, AND CHANGING ROLES
FOR NEW GRADUATES

National (53%) and international (66%) firms are laying

off lawyers at roughly twice the rate of regional firms (34%).
LAWYER LAYOFFS In contrast, local firms (5%) have largely avoided layoffs. Just
Local Regional National International 21% overall report that associate salaries have been reduced,
with a full one-third of national firms reporting associate
100% salary reductions. As a result, some associates have ill feelings.
94.9%
Partners have forgotten that their role is as partners,
not employees that theirs is the economic risk of
both upturn and downswing, says an associate at an
80%
66%
international firm affected severely by the economic
65.7%
downturn. That they have cut associate salaries in lieu of
taking drastic pay cuts themselves is contrary to the format
60% of a legal partnership. Furthermore, partners seem to
52.5% completely lack a realistic understanding of how deeply a
47.5% 10% pay cut affects associates.
40% In contrast, a regional firm in a mid-size city
34% 34.3% reports that it is the partners even the non-equity
partners not the associates, who feel the downturn most.
So far associate salaries have not been cut. However, 10%
20%
of income partners pay now is being held back [in addition
5.1% to the usual 20% budget holdback for equity partners].
The income partners will not receive any of the amounts
0% held back until the equity partners also do.
Yes No

24 | UVA Lawyer FAll 2009

deeply a 10% pay cut affects associates.
We are trying to move more outside counsel to alternative fees.
Firms will likely reduce their hiring of new lawyers.

On the hiring front, the good news is that a majority
of international (84%), national (74%), and regional
(63%) firms are still hiring new graduates. The difference
is that 74% of them are hiring fewer new graduates than
in the past. In contrast, although only 26% of local firms
are hiring this year, two-thirds report that they will hire
the same number (in some cases zero) of new lawyers as
were hired last year. Of those firms that are hiring, only the
international and national firms show a majority deferring
start dates.
Most respondents in all law firms (61%) believe that
firms will continue to hire new graduates, although many
believe the current reductions may last for some time. In
addition, there is widespread agreement across all sectors
that new hires must expect significantly lower starting
salaries and become more productive sooner.
There will be different tiers of associates in most
firms, predicts a national firm respondent. Virginia
Law associates need not be so concerned, but lower-
ranked schools graduates have reason to be concerned
that traditional lucrative partnership-track jobs are
disappearing.
Firms will likely reduce their hiring of new lawyers,
says another. Some firms will try and keep their mid-level
associates busy by having them perform work that younger
lawyers might have done in the past. This may cause new
hires to do work that might previously have been done
by paralegals. In other cases, firms may have let mid-level
lawyers go, which would have the effect of increasing the
substantive demands on new hires (while at the same time
removing lawyers that might have previously served as
mentors).
A respondent from an international firm observes
that clients are less willing to pay first year lawyers a
high hourly rate for them to learn. What is more likely to
develop is lower billing rates for first-year lawyers, coupled

HIRING NEW GRADUATES ASSOCIATE SALARIES REDUCED

Local Regional National International Local Regional National International

100% 100%
95.8%

83.8% 82.3%
80% 80%
75.1%
74.3% 73.8%

67.1%
63.1%
60% 60%

40% 40%
36.9%
32.9%

26.2% 25.7% 24.9%

20% 20%
16.2% 17.7%

4.2%
0% 0%
Yes No Yes No

UVA Lawyer Fall 2009 | 25

 With the soaring student loan debt,
The halcyon days, with yearly salary bumps and escalating starting salaries, are history.
Some practice areas (and firms) will abandon the first-year market.

with lower salaries and, one would hope, a less crushing
hours requirement. The respondent praises what could
be a shift towards a more sustainable model, where a new
lawyers focus for the first year is to learn. It could be viewed
as analogous to medical interns, a real hands-on year of
learning that is paid somewhat. Another agrees that client
demands and economic realities mean that some practice
areas (and firms) will abandon the first-year market.
Training first-years will become an issue, an issue that law
schools should address (by more practice oriented training
in the third-year of laws school).
IN-HOUSE COUNSEL: PUBLICLY-HELD
CORPORATIONS HIT HARDEST IN LAWYER LAYOFFS
In the corporate counsel survey, 32% of all respondents
reported lawyer layoffs. Hardest hit were publicly held
corporations where 46% experienced layoffs. But layoffs
are not the only concern for in-house counsel: 74% of the
respondents reported they were cutting costs by handling
more matters in-house, with 53% saying they were not
allowed to hire more staff if needed. To further cut costs,
A CHANGING PARADIGM IN THE BUSINESS OF LAW?
More than half of all respondents (53%) believe that
the economic downturn will fundamentally change the
business of law going forward. In predicting what kind
of change that might be, respondents cited the decline of
mega-firms and the rise of smaller firms, greater reliance
on experience and training, and lower billing rates and
alternative fee structures. Some also believe that changes in
the business of law will filter down to law school curricula,
requiring schools to reduce tuition, provide more practical
training, and/or do away with the traditional three-year
degree program in favor of an intensive two-year, year-
round version.
An international firm respondent further estimates that
we will see [fewer] junior lawyers being billed out (they
will be interns with lower salaries while they train) and less
leverage (clients will want more experienced lawyers). The
DEFERRED ASSOCIATE START DATES

close to half of non-profits and three-quarters of private Local Regional National International
and publics have negotiated lower billable hour rates with
outside counsel. 97.4%
100%
A majority of corporate counsel respondents (59%)
do not believe the economic downturn will change how
corporations view the role of their legal departments. Those
80%
who do believe it will change think inside counsel will have
71%
greater governance responsibilities, maintain tighter control 69.8%
on legal expenses, and keep more work in-house.
There obviously is more pressure to cut outside costs 60%

and bring more work in-house, where control is better, says 50% 50%
one counsel. [T]hose things dont easily reverse. But apart
from that, there is also more realization that legal costs can 40%
be better controlled with counsel involved at the outset,
31.1%
rather than being sought ought only to solve problems that 29%

have already occurred. The benefit of in-house assistance is

20%
that its already in the budget.

2.6%
0%
Yes No

26 | UVA Lawyer FAll 2009

somethings gotta give.
2009 will go down as a year where you just did the best you could to survive.
Perhaps the huge Big Law firms will shrink

same individual theorizes that perhaps the huge Big Law
firms will shrink (to reduce overhead costs to compete with
top boutiques or mid-size firms). Another believes you
have two things at worklaid off lawyers are starting small
shops, and larger regional firms are still trying to become
national firms, often through merger: fragmentation and
consolidation at once. It may be that eventually we end
up looking more like the accounting profession, with a
handful of dominant national/international firms and
then a bunch of small firms with really not much name
recognition, as opposed to 7 8 AmLaw 100 firms in each
middle-market city.
A respondent in a regional firm is convinced that with
the soaring student loan debt, somethings gotta give. I
think the law schools that start trimming the number of
required years at school are the ones that will lead us into
a balance. Two years of school and $80,000 of debt makes
more sense than three years and $120,000. This would
IN-HOUSE COUNSEL LAYOFFS
Non-profit Privately-held Publicly-held
100%
91.5%
80%
82.4%
60%
54.5%
45.5%
40%
20%
17.6%
enable law firms to pay incoming associates $80-100,000
instead of the ridiculous amounts paid now. In addition,
the respondent predicts that law firms are going to adopt
different programs for different types of lawyers, giving
each one a different status. Some will be associates on the
partner track; others will be contract attorneys that are
paid much less. Finally, I think law firms will eventually
shed lock-step for good and go to a pure profitability and
merit-based formula. I cant envision things staying as they
are forever.
A regional firm respondent agrees that change is on the
horizon, but believes any change will be more incremental
than fundamental. Large companies continue to hire
brand name large firms (and pay ridiculous hourly rates
for inexperienced associates) because decision-makers
view that as a safe path no one is going to second-guess
your decision to hire Cravath if things dont work out.
Nevertheless, the respondent concludes that the halcyon
days, with yearly salary bumps and escalating starting
salaries, are history.
And finally, a respondent in a national firm sums it all
up. A very tough year to be a lawyer. Lots of depressing
news. I am fortunate that Ive been really busy this year, but
I know folks who lost their jobs, and the overall atmosphere
about law firms has been very negative. I am, however,
optimistic about the second half of 2010 and all of 2011.
2009 will go down as a year where you just did the best you
could to survive.
The survey was emailed in July to 10,500 UVA alumni,
yielding almost 1200 responses for an 11.5% response
rate. About one-third of the responses came from alumni
in international firms, with the remaining two-thirds
split equally among local, regional, and national firms.
Two-thirds of the responses came from alumni in a large
metropolitan area, 28% from a mid-size city, and 5.5%
from a small town.
In the corporate counsel survey, 11% of the responses
came from non-profits, 29% from privately-held firms, and
61% from publicly-held corporations.

8.5%

0%
Yes No

UVA Lawyer Fall 2009 | 27

Office of Career Services
Responds to Market
By Rob Seal and Cullen Couch

F ACING ONE OF THE MOST DIFFICULT JOB MARKETS

in recent memory, the Law School hired Kevin Donovan, a former
litigation partner at Morgan, Lewis & Bockius in Philadelphia, to serve as
head of the Office of Career Services.
Kevin Donovan combines managerial skills with a detailed knowledge
of the law firm world, said Law School Dean Paul G. Mahoney. Im very
pleased that he will be here to help our students during a difficult time in the
market for legal services.
Donovan, who began his post as senior assistant dean for career services
this month, was a litigator at Morgan Lewis for 18 years and served as the
firms pro bono chair from 200308. At the firm he was heavily involved in
recruiting and helped run three summer associate programs.
Donovans practice focused on complex tort cases, including class actions
and national serial litigation. He also was involved in commercial litigation,
bankruptcy litigation and intellectual property litigation. He clerked for
U.S. District Judge Frank J. Battisti in the Northern District of Ohio after
graduating from the University of Pennsylvania Law School.
Donovan said he was excited to bring his experience in career services to
the University of Virginia.
UVA Lawyer Fall 2009 | 29
 THIS IS A MARKET THAT FAVORS VIRGINIA

GRADUATES because many law firms know our

graduates have the basic workplace competencies that

go beyond good lawyering and make someone a very
successful associate or partner candidate.
I had been doing the same type of litigation for pretty
much my whole career, and I had always thought that I
would like to work in an academic setting, said Donovan.
I was at a point in my career where I was ready for
something different. So the last two or three years my wife
and I made the decision to start looking and, if the right
opportunity came along, we were going to seize it. In my
18 years of working at Morgan Lewis, I had only applied for
one job, and that was this job. This is a great town, a great
institution, the community has been incredibly welcoming,
and I couldnt be more impressed with the students.
Donovan recently discussed some of the issues facing
students, alumni and the legal profession in a challenging
job market.
at employers of all types and all sizes.
Were involved in direct outreach to
employers to try to get the best sense
of how the market is changing, and
of where jobs are available. Were
focusing heavily on clerkships and
public service opportunities and were
tracking very carefully the data thats
available on whats happening with
the market and with the availability
of jobs. So were trying to get as much
information together as possible so that we can help people
to find the jobs that are out there in the markets and cities in
which theyre looking.
What can students expect from the Career Services
Office?
We try to help students on all levels of the job-search
process and so we will look at their resumes, help them with
cover letters, and help them think through the process of
self-assessment, in which they try to think through what
types of jobs would be the most fulfilling for them. We
help them assess geographic markets, different law firms,
different clerkships, to find the opportunities that fit best
with their particular backgrounds and credentials.

What are your goals for Career

Services?
My goal is that we would be a
resource to and an advocate for the
students as they go into this very
challenging job market that we give
them real value in their job searches,
help them to think through the
options that are out there, to self-
assess and to think about where they
would be happy and fulfilled in a job.

How is Career Services responding

to challenging economic
conditions?
We are looking more broadly at the
legal services industry. Were looking

30 | UVA Lawyer FAll 2009

How are you preparing students for todays job market?
Our advice to students right now is to think about
where they would like to be, to think about what legal skills
they enjoy using and what types of jobs would employ
those but then to look more broadly than they might have
in the past. Some students may need to reach out beyond
on-Grounds interviews to firms of different sizes, if theyre
looking at firms. The clerkship market also is going to be very
competitive. Along those lines, we have created a new Office
of Judicial Clerkships headed by Ruth Payne 02. The office
will be working with students to focus their search efforts
and to maximize their likelihood of success. To increase their
flexibility, we also have expanded the number of clerkship
applications that students can make through the Law School.
What do you tell alumni who are looking for jobs?
We tell them to stay positive. People who come from this
school are fabulously qualified and they have a great deal to
offer employers in the legal services market. The first-rate
legal education and practical skills development that the Law
School provides puts graduates from this school in a uniquely
strong position. So we help alumni find the employers
who are still hiring and to make the best possible case for
themselves as they market their services to employers.
How will the legal profession be affected by the
changing economy?
The legal profession is changing. Clients in the private
sector are more reluctant to have matters handled by
attorneys who are junior and dont have an established
skill set. So for employers to be able to sell the services of
junior lawyers, they need people who they can credibly say
have the type of skills that they need to practice. So there is
more of an emphasis on developing practical skills as part
of the process of legal education. Fortunately, Virginia is
well ahead of the game with its many clinical programs, its
pro bono program, and its well-established Law & Business
Program. All of those things tend to put Virginia graduates
in the vanguard of the marketplace with a higher level of
practical skill than many of their peer schools.
People ask, Will these jobs come back? I think the
answer is: The jobs will come back, but whether they will all
come back with the same firms or end up landing someplace
else is an open question. I think that the smart and the
nimble, as in all eras, will benefit during this time as well.
What was your experience with Virginia graduates
during your career in private practice?
Excellent. That was why I was interested in this job in the
first place my experience with Virginia alums over the
years. One, it was the character and caliber of people who
came out of here, but it was also the way they spoke in such
glowing terms about the institution. It reminded me more
of how people speak of their undergraduate experience,
which is relatively rare for a graduate school. That really
intrigued me about the possibility of working here. We
also saw that Virginia people tended to be those who were
involved in the fabric of the firm, the life of the firm. They
were recruiters, leaders, took on additional roles.
What feedback did you get from the recent round of
on-grounds interviews?
The students were exceptional. They showed fortitude;
they worked very hard to get ready. The employers almost to
a person said that this was one of the best prepared groups
that they had seen. The students spent time researching the
firms and came into the interview very educated about the
firms and the firm culture.
This is a market that favors Virginia graduates because
many law firms know our graduates have the basic workplace
competencies that go beyond good lawyering and make
someone a very successful associate or partner candidate. So,
I think when it gets really tough and firms have to cut back,
were a school thats difficult to cut back on. We had a number
of interviewers tell us that they had cut back on other schools
but had chosen not to cut back on interviewing at Virginia.
Overall, the recruiters seemed guardedly optimistic.
Were not out of the woods, yet, but a number of firms
reported that things are moving in the right direction. It
remains to be seen; many firms are maintaining a cautious
and conservative approach to hiring this year. Certainly the
big trends I see are a number of firms moving away from
lock-step to give them more flexibility in their compensation
systems and many firms focusing on getting meaningful
experience for their associates. Virginia is well positioned to
address that.
UVA Lawyer Fall 2009 | 31
 Success in 21st Century Private Practice:
Retooling for an Enterprise Culture
By Martha Ann Sisson 85, Garrison & Sisson, Inc.
and Amy Leafe McCormack 89, McCormack Schreiber Legal Search
A
TANGIBLE BUT ELUSIVE era of change
is emerging in how private sector lawyers
provide services and receive compensation.
The very definition of success what it
will look like, how it will be measured, and
the feasibility of annually replicating it are in flux.
This article is written from the perspectives of two former
practicing attorneys who are now legal recruiters. Our goal
is to identify the qualities necessary to achieve success in
21st century private practice. We believe, at a minimum,
these qualities will include the initiative, innovation, and
responsibility required by an enterprise culture.
Until twenty years ago, it was easy to measure success:
attend a prestigious law school, get a clerkship that leads
to employment at one or two AmLaw 200 firms, and
become a partner or member of a Fortune 500 legal
department. You used your legal skills to get work from
(and develop relationships with) the firms longstanding
institutional clients. In the corporate world, the guarantee
of uninterrupted employment with a stable and growing
company fostered avenues of career diversification. This was
the path for many UVA Law alumni.
The paradigm changed in the early 1990s when the
onset of vibrant economic growth and greater financial
transparency in law firm economics caused a major upheaval.
The American Lawyers annual publication of the AmLaw
200 and its analysis of profits per partner awoke a sleeping
giant. Grumbles arose from the ranks of law firm attorneys
who wanted to share in the wealth they helped create in
emerging growth companies. In-house attorneys questioned
whether the trade-off in lower pay for more predictability in
schedule and job security seemed nave in the aftermath of
corporate failures, relocations, and industry consolidations.
In the 1990s and continuing until the last few years, law
firms and corporate entities grew through lateral hiring at
32 | UVA Lawyer FAll 2009
the associate and partner levels. Successful partners began
to operate as free agents. If the needs of their practice,
their personal economic shares, or their management
goals were being stymied in their present firms, they could
enter a hiring environment that rewarded movement and
change. Firms accepted the premise that someone who
had not thrived in one firm could succeed in a different
environment. And, if things did not work out in the new
firm, profitability really was not affected, and the attorney
would simply move on.
The emerging world of private practice since mid-decade
provides a sharp contrast to those days. Law firms now
define success by economic contributions made by members
in much the same manner as their commercial clients
examine sales figures. In short, What have you done for me
this quarter?
The current obsession with immediate return has
crowded out long-term planning. In time, the need for
immediate returns and investment in the future will
balance; individuals and institutions will be more agile,
able to respond to economic challenges and opportunities
in a manner more reflective of successful businesses.
Achieving and maintaining success in 2010 and beyond
requires a new approach.
Creating an Enterprise Culture
Historically, firm affiliation branded the quality and
nature of work performed by its lawyers. With increased
lateral hiring and firm mergers, however, this quality-by-
association branding has been diluted, resulting in the
current client trend of hiring individual lawyers based
on their professional reputations rather than their law
firm affiliations. We believe that specialized expertise
 will continue to be in
demand, but that individual
lawyers must now identify
and market to clients
the transferability and
relevance of their experience
rather than rest on the
accomplishments of their
firms. This means that
attorneys need to approach
their career development as
a special enterprise, an effort nurtured by their law firms but
created and directed by each attorney individually.
Indeed, although experience has always been recycled
or expanded for new engagements, creating an enterprise
culture within a firm or practice group is one of the most
promising ways an attorney can obtain specialized skills,
practice diversification, and client exposure. This enterprise
culture describes an environment that encourages and
rewards the initiative and commitment that are critical to
every lawyers professional growth and success.
To create an enterprise culture, attorneys need to
become more self-reliant by seeking out new skill-building
assignments and client interactions. Such singular focus does
not necessarily eliminate a collaborative or teaching culture,
but requires active initiative in mastering necessary skills and
taking control of ones own professional development. While
a firm may try to be all things to all clients, the enterprise
lawyer and her team will proactively identify and offer a
skill set tailored to fit each clients individual needs. We are
unable to predict whether these skills will appeal more to
mid-market, regional, global, or boutique firms, but the
trend toward customized skills is clear.
Personal and professional accountability to clients and
ones professional growth needs to take the place of passive
acceptance of the law firms traditional way of training
attorneys and bringing them into the client fold. A successful
personal enterprise culture will yield happy clients, happy
law firms, and satisfying personal professional paths.
On Thinking and Acting Like the Client
An enterprise culture embraces market principles one
assumes responsibility for ones professional welfare, share
of overhead, and contribution to profits. Over the years,
we have heard many lawyers muse that they would have
attended business school if they were not math-phobic.
Achieving success, however, requires overcoming old
fears and perceived deficiencies. Law firms are businesses,
and lawyers must understand that the current economic
distress and instability have brought renewed focus on the
numbers. Weak demand for legal services, overcapacity
in head count, unpredictable and often declining rate
structures, lowered profitability, and personal productivity
measured against cost have all affected the bottom line,
and firms are focusing on managing costs as clients request
lower or outcome-based fee structures.
Businesses routinely face competitive pressures and
disadvantages and react according to normal business
principles; they dust themselves off, cut where they can, and
make do with what they have while positioning themselves
for what lies ahead. Lawyers and law firms must mimic their
successful clients nimbleness. Those who do will reclaim
or expand market share. Clients face these daily pressures
themselves, and if you seek the role of valued advisor and
business partner, you need to walk the walk.
Conclusion
An in-house practice offers an attorney the opportunity
to benefit from the efforts of a larger enterprise. Internal
counsel understand (more than their highly compensated
outside counsel) that it is a good thing to be viewed by the
company as a business resource capable of adding strategic
value, reducing costs, and generating revenue.
The same holds true within a law firm. In this current
economic environment, developing an enterprise culture
and the skills that encourage success requires going beyond
what is comfortable and safe. Law firms must foster the
elements of entrepreneurship and individual enterprise
zones within a practice. Providing legal advice is merely one
component of the value attorneys contribute. They cannot
remain above the mundane practicalities of price structures
and competitive economic positions and still partner with
clients as strategic advisors. To remain vibrant, law firms and
legal departments must understand their clients unrelenting
business pressures and respond in kind. Lawyers, firms,
and corporate counsel who demonstrate flexibility and
innovation will be the ones considered successful in the
21st century.
UVA Lawyer Fall 2009 | 33
34 | UVA Lawyer FAll 2009
O. Yale Lewis, Jr.
Renaissance Lawyer
By Randolph W. Urmston 69
 Y
ALE LEWIS 69, does not remember hearing Purple Haze

or Are you Experienced before 1993, the year Jimi Hendrixs father,

a retired gardener with an eighth-grade education, asked Lewis to

help restore the family as rightful owner of Jimis music. It turned out to be very complex

litigation, involving many defendants and multiple off-shore corporations throughout the

world, but Lewis succeeded. After two years of intense and often acrimonious litigation, the

defendants conveyed to the Hendrix family all rights, claims, and interests to any and all

parts of the properties described generally as the Jimi Hendrix Legacy.

Long before the Hendrix litigation, Lewis had built a

career and a reputation in Seattle as a lawyer who fights
for the underdog, thirsts for intellectual challenge, shows
PHOTO BY ANTHONY P. APB/RCS

dogged determination, and mines a deep streak of idealism.

Al Hendrix, father of rock-n-roll guitar legend Jimi Hendrix, sits in
a wheelchair while touring the Experience Music Project with his
daughter Janie Hendrix in Seattle in 2000.
Now four decades out of Virginia, he has an active and
successful practice applying these formidable talents to
cases that advance the public interest and involve good and
competent colleagues on behalf of worthy clients. Actually,
says Lewis, if you get most of these most of the time you are
highly blessed.
Lewis came to the Law School with his young family
after graduating with an economics degree cum laude from
Harvard College in 1962. He was also a veteran submariner,
having served as a lieutenant, senior grade in the U.S. Navy
on the U.S.S. Blenny (SS 324). That experience later helped
Lewis earn as a client Tacoma Boatbuilding Company,
whose CEO was a former submarine admiral. In addition to
submarines and social service, Lewis had a strong interest in
railroading he worked for the Southern Railroad between
his submarine service and Virginia and urban planning,
which he almost pursued instead of law school.
After his first year at the Law School, Lewis stayed in
Charlottesville to direct Camp Faith, a multi-racial day
camp for inner-city youth. Hundreds of campers from
the area were lured by the swimming lessons at the simple
camps muddy pond, peanut butter and jelly sandwiches,
and inspired staff. The camp sat on red clay, much like

36 | UVA Lawyer FAll 2009

what Lewis had known growing
up in Alabama playing football,
camping (he was an Eagle Scout), and
working in cotton mills and surveying
cotton acreage allotments for the
U.S. Department of Agriculture.
Decades earlier, Lewiss grandfather
had almost been run out of Dothan,
where as an elected official he had
successfully resisted the Alabama Power
Companys efforts to acquire the local
power plant and public utility. Worse for
that time and place, he had represented
a black woman in a contested court
proceeding. For several months Lewiss
father and uncles (future lawyers) stood
armed watch at night as the Ku Klux
Klan tossed burning torches at the Lewis
home and burned a cross on the family
lawn. Such family lore, enhanced
by To Kill a Mockingbird, Gideons
Trumpet, and biographies of Adams
I WAS CONFIDENT THAT IF I FOLLOWED MY INTERESTS,

threw my heart and mind into those endeavors, and the

projects I pursued were successful, the monetary reward

and Jefferson which Lewis read
while deployed on the U.S.S. Blenny would come in due course.
contributed to his difficult decision
to leave the Navy to pursue the law.
In law school, Lewis suffered from severe congenital
sleep apnea (later alleviated by major surgery) and was
typically unable to prepare for or stay awake in class.
Nevertheless, he often descended into the stacks in Clark
Hall, much like he had done on the Blenny at sea, where
he teamed with another service veteran, classmate Harry
Jennings, to win the Lile Moot Court Competition. In the
final round which involved conscientious objector status,
an issue in which everyone at Virginia was keenly interested
in 1969 Lewis was selected as best oralist.
After graduating, Lewis headed west in his 1966
blue Volvo station wagon (still running) to clerk for the
Honorable Alfred T. Goodwin of the Oregon Supreme Court,
whom Lewis had met the previous summer camping in
Oregon. While Lewis was clerking for him, Judge Goodwin
was appointed to the U.S. District Court and made Lewis his
first federal law clerk. Lewis chose well, and vice versa.
Lewis went on to practice with Davis, Wright, Todd,
Riese & Jones in Seattle, learning civil litigation, corporate,
antitrust, banking, labor and newspaper law, as well as
handling divorces and drafting testamentary documents.
But when local Native Americans stormed Fort Lawton
in Seattle to prevent it from being surplused by the U.S.
Government to the City of Seattle in the early 1970s, Lewis
represented them pro bono in negotiating a truce with the
City that resulted in the construction of an Indian Cultural
Center on 20 acres. Lewis was also instrumental in forming
and arranging funding for other groups to provide health
and social services for local urban Indians. Subsequently, his
work with Native Americans provided Lewis an opportunity
to represent Arctic Slope Eskimos in a series of cases
pursuing trespass claims against the State of Alaska and
oil companies in Alaska. One of those cases, Edwardsen v.
Morton, is a recognized landmark on the fiduciary duty of

UVA Lawyer Fall 2009 | 37

 the Secretary of the Interior to protect the unextinguished
aboriginal title of Native Americans.
Drawing on his interest in urban planning, Lewis also
conceptualized a new form of quasi-governmental public
development authority, for which he drafted authorizing
and implementing legislation that he lobbied successfully
through the Washington Legislature and Seattle City
Council. In the beginning, he initially offered pro bono
service to civic leaders who had successfully waged a
campaign in the early 1970s to prevent the city from
destroying Seattles legendary Pike Place Market to make
way for urban renewal. Asked how he thought such service
could ever pay his bills, Lewis says I was confident that if I
followed my interests, threw my heart and mind into those
endeavors, and the projects I pursued were successful, the
monetary reward would come in due course, and it did.
That same public development authority model was used
to revitalize other Seattle neighborhoods and important
institutions, for which Lewis became the go to lawyer.
In late 1974 Davis, Wright decided to create departments
to which all of the firm would be assigned and from which
they would get assignments and supervision. At the time,
Lewis was strongly opposed to specializing, which he
felt would unduly restrict his freedom to follow his own
professional and social interests. On the other hand, he had
a family with three children. After intense soul searching,
Lewis concluded that he needed more independence than
seemed possible at that firm. He thus decided, ready or
not, to start his own firm and invited two colleagues, Jim
Wickwire and Chuck Goldmark, to join him. Wickwire,
Lewis & Goldmark soon became recognized locally and
nationally as a leading law firm.
At Wickwire, Lewis & Goldmark, Lewis continued
to create and advise public development authorities
and pursued a widely-varied civil practice that included
important environmental, employment, and antitrust
litigation. He also represented Arctic Slope Eskimos in
proceedings to reduce tariffs on the Trans-Alaska Pipeline
to keep well head prices and royalties high for the Natives. I
enjoyed that litigation enormously, says Lewis. It combined
antitrust law, transportation principles, sophisticated expert
testimony, and an important social component. That case
and another Alaska case in which Lewis and the Attorney
38 | UVA Lawyer FAll 2009
General of Alaska were adversaries resulted in Lewis
being hired to negotiate the States acquisition of the Alaska
Railroad from the federal government.
Another major railroad case came to Lewiss attention
through one of his neighbors, a lawyer for the Milwaukee
Railroad, who was concerned about the imminent
dissolution of the railroads western lines. Management and
the trustee of the bankrupt railroad wanted to liquidate the
railroads western assets. A faction in the west wanted to do
the opposite, and others, principally bondholders, wanted
to dissolve the entire company. After a number of long
talks with my neighbor, Lewis told him he would see what
he could do to save the western lines. Shortly thereafter,
Lewis was sworn in as a special deputy Attorney General
of Montana with a commission to represent shippers,
employees, and governors and state legislatures of states
along the Milwaukees western lines.
Over the next year, which Lewis describes variously
as a spectacular quest and the impossible dream, the
interests Lewis represented and Milwaukee labor unions
obtained a temporary federal court injunction against any
additional liquidation of the railroad until the Interstate
Commerce Commission had reviewed the situation. Shortly
thereafter, at the insistence of Senators Warren Magnuson
of Washington and Max Baucus of Montana, Congress
required the ICC to consider three plans for the bankrupt
railroad: (1) The plan of the group Lewis represented to
preserve the west; (2) the trustees plan to preserve the east;
and (3) the bondholders liquidation plan. Subsequently,
following around-the-clock efforts that drew in part on
Lewiss experience with the Southern Railroad, the western
plan was presented to the ICC along with the revised plans
of the trustee and bondholders. The trustees plan and the
bondholders plan each received two votes. The western
plan got three votes. But, unfortunately, no plan received a
majority, so the trustee who stayed in possession diminished
the west until a western reorganization became impossible.
In 1986, Lewis formed Hendricks & Lewis with his wife,
Katherine Hendricks. The new firm was recommended to
the Hendrix family by a number of sources. Classmates Reed
Wasson (who had also been a professional musician), Harry
Jennings (Lewiss moot court partner), and the author of
this article also worked on that extraordinarily difficult but
AP PHOTO/AL GRILLO
The Trans-Alaska oil pipeline snakes its way across the tundra near Delta, Alaska bringing oil from
Alaskas North Slope to Valdez in this 1999 photo.
ultimately successful case. Wasson subsequently became
in-house counsel for the Hendrix family.
The success of the Hendrix litigation and Lewiss
growing reputation led to other music clients, including
Anita Baker; Johnny Mulhair, producer of LeAnn Rimess
early recordings; the widow and siblings of Buddy Holly;
Gene Vincents daughter; the widow (Courtney Love) and
daughter of Kurt Cobain; and most recently George Clinton
of Funkadelic and Parliament fame. Ironically, despite
his professional success in this area, Lewis, who is not an
aficionado of popular music and movies, is so indifferent
to entertainment industry vibes and gossip, that Courtney
Love took it upon herself to advise Lewis facetiously
about the significance of events such as the Grammys and
the Oscars, which she said he really ought to become aware
of and know something about.
In April 2000, after many years of following wherever his
interests and circumstances led, Lewis reluctantly decided
that it had become necessary to focus the firms practice in
order to credibly market its expertise. How could anyone
believe that a firm of only a half dozen lawyers could do
everything Lewis had actually done? The firms practice in
copyrights, trademarks, publicity rights, and trade secret
disputes was reliably interesting and growing steadily.
Consequently, Hendricks & Lewis decided to concentrate
entirely on those issues, and market
itself as an intellectual property firm.
But the very next morning, after
the unequivocal decision to work
exclusively on intellectual property
matters, Lewis received a call from a
city council member who believed that
a public development authority in the
city was being misused to issue tax-
exempt bonds for a massive private
development in downtown Spokane
that was owned by the citys leading
family, which also owned much of the
rest of the city, including most of its
media. In spite of his decision to become
an IP specialist, Lewis simply could
not resist helping the rebel Spokane
City Council resist a mandamus action
by the developer. In the first round of litigation, Lewiss clients
lost, but months later he obtained a unanimous reversal on
a direct appeal to the Washington Supreme Court.
Lewis eventually returned to intellectual property.
In addition to his well known music clients, he added
software developers, patent owners, other song writers
and performers, producers, media personalities, and
photographers, including the Jonas Salk Trust, glass artist
Chihuly, syndicated radio host Delilah, online games
publisher WildTangent, and JACO Environmental.That is
now his core practice, but if someone were to call about
another public development authority, transportation,
Native American, antitrust, or environmental issue, or some
other challenge of serious public interest would he resist?
And would it be good or bad for business?
Frankly, it doesnt matter. Lewis has concluded that
although his renaissance practice is more stressful and time
consuming and, hour-for-hour, less rewarding financially
than a highly specialized modern practice, it is also more
stimulating and affords him the chance to test his mettle,
help the community, and advance the profession. As he
puts it, I am rarely, if ever, bored, but probably will never
be truly secure financially. All in all it makes for a good and
interesting practice that I hope will continue for at least
another decade.
UVA Lawyer Fall 2009 | 39
 Faculty News & Briefs
Kerry Abramss
article Becom-
ing a Citizen:
Marriage,
Immigration,
and Assimila-
tion, was
published by
Cambridge University Press in a book
edited by Linda McClain and Joanna
Grossman entitled Gender Equality:
Dimensions of Womens Equal Citizen-
ship. She also helped to organize two
family law conferences during the
summer, one for emerging family law
scholars at the University of Colorado,
Boulder, and one at Harvard Law
School. Abrams also presented two
papers at the Law & Society annual
conference in Denver.
Barbara
Armacost 89
completed an
article entitled
Arizona v.
Gant: Does it
Matter, which
will appear in
the upcoming issue of the Supreme
Court Review. Also, Armacost has been
invited to deliver the Kamm Memorial
Lecture on Law and Society at
Wheaton College in April.
40 | UVA Lawyer FAll 2009
In June Margo
Bagley was a
distinguished
visiting professor
teaching
American
company law at
the University of
Muenster. In July she taught interna-
tional patent law and policy in the GW
Summer IP Program at the Max Planck
Institute in Munich. In August she
presented The International Patent
System: Issues and Opportunities, at
the Second Beijing International
Chemical and Pharmaceutical
Intellectual Property Forum.
Bagley was honored in August
to serve as a distinguished visiting
professor at the National University
of Singapore, where she taught
international patent law and policy.
Charles Barzun
05 completed
work on a new
article, Jerome
Frank and the
Modern Mind,
which argues
that one of the
major works of legal theory in the
20th century has been profoundly
misunderstood by generations of
scholars.
Since its publication in 1930,
Franks Law and the Modern Mind
has been the subject of academic
comment and controversy. But
even those scholars who have
looked favorably upon Franks work
concede that he failed to articulate a
theory of adjudication or offer any
affirmative proposal for legal reform.
Barzun argues, however, that this
interpretation of Law and the Modern
Mind is deeply mistaken and that the
source of the mistake lies in previous
scholars failure to understand
Franks philosophical worldview and,
therefore, his intellectual motivations.
Michal Barzuzas
paper, The
State of State
Antitakeover
Law, was
accepted for
publication in
Virginia Law
Review in December. Barzuzas paper,
Lemon Signaling in Cross-listing,
was accepted to the Yale/Stanford
junior faculty forum. She presented
the paper at Stanford in May.
Barzuza participated in the
Harvards Proxy Access Roundtable in
October, and presented a paper in the
symposium, In Berles Footsteps, at
Seattle University in November.

Lillian BeVier
delivered the
Ashton Phelps
Lecture at
Tulane Univer-
sity Law School
in November.
The title of her
lecture was Freedom, Fairness, and
the F-Word: Reflections on the Yin
and Yang of the First Amendment.
Richard Bonnie
69 continues
his extensive
activities as
chair of the
Virginia
Supreme Courts
Commission on
Mental Health Law Reform, imple-
menting legislation enacted in 2008
and 2009, and preparing a third round
of reforms in 2010.
Bonnie spoke at conferences
sponsored by the Alzheimers
Association and the Virginia Hospital
and Healthcare Association on the
Commissions overhaul of the Health
Care Decisions Act that went into
effect in July. He also spoke on the
challenges of mental health law
reform at the annual conference of
the National Association of State
Mental Health Program Directors in
September in Virginia Beach.
Bonnie published an overview
on the Virginia experience article in
Health Affairs, a major health policy
journal, entitled Mental Health
System Transformation After the
Virginia Tech Tragedy.
Meanwhile, the Virginia General
Assembly has asked Bonnie to chair
a new study on mental health issues
in colleges and universities, an area
that has been outside the domain of
the Supreme Courts Commission
but that remains highly charged as a
result of recent suicides and homicides
committed by troubled students.
The new study will be conducted
by two task forces (on legal issues
and services issues) overseen by a
steering committee. John Monahan
will serve on the steering committee.
Bonnie appeared before the General
Assemblys Joint Commission on
Health Care in October to describe
the study, which is projected to be
completed in the fall of 2010.
In May Bonnie addressed senior
leadership at the CDC on Public
Health and the First Amendment in
Atlanta, and presented Is Model State
Legislation Needed for Treatment of
Drug Offenders? to a forum held
by a special committee of National
Conference of Commissioners
on Uniform State Laws Special
Committee in Washington, D.C.
In June Bonnie presented
New Uses for Advance Directives
to a Conference on Alzheimers
Disease and Related Disorders at the
University of Virginia Institute on
Aging in Charlottesville. And in July
he presented Evaluating Reform
of the DC Public Schools, to the
National Academy of Sciences in
Washington, D.C.
In October Bonnie presented a
paper entitled Indiana v. Edwards and
the Limits of Autonomy in Criminal
Defense, at the annual meeting of
American Academy of Psychiatry and
Law in Baltimore.
Faculty
Briefs
Whitfield
Broome is
serving as chair
of the Virginia
Board of
Accountancy for
20092010. This
state agency is
responsible for the regulation of
Certified Public Accountants and CPA
firms in the Commonwealth of
Virginia. The seven members of the
Board are appointed by the governor
for four-year terms. Broome was
initially appointed to the Board by
Governor Mark Warner in 2003, and
subsequently reappointed for a second
four-year term by Governor Tim
Kaine. His current term ends on
June 30, 2011.
In addition, Broome continues
to serve on the national CPA Board of
Examiners, which is responsible for
the Uniform CPA Examination used
by all states. For 2009-2010, he will
also serve on the Boards Executive
Committee and chair its State
Board Committee. The State Board
Committee includes representatives
from boards of accountancy across the
United States. It serves as a means of
communicating with state boards and
specifically of receiving feedback on
the Uniform CPA Examination from
state boards.
In April Jon
Cannon and
Michael Bucey
produced a
white paper for
the Miller
Center, Ameri-
cas Energy
Future: Balancing Renewable Power
UVA Lawyer Fall 2009 | 41
Faculty
Briefs
and Carbon Fuel. The paper was
background for a debate on U.S.
energy policy that was aired on PBS.
Also in April, Cannon spoke to the
Society of Fellows of the University of
Virginia, on emerging national policy
on climate change.
Over the summer Cannon
wrote an article on the Supreme
Courts decision in Entergy Corp. v.
Riverkeeper, Inc., which addresses
use of cost-benefit analysis in EPA
decisions. The article has been
accepted for publication in the
Harvard Environmental Law Review.
Cannon serves on the National
Academy of Sciences Committee on
Americas Climate Choices, which
has been tasked by Congress to
investigate and study the serious
and sweeping issues relating to
global climate change and make
recommendations regarding what
steps must be taken and what
strategies must be adopted in response
to global climate change, including
the science and technology challenges
thereof. The committees final report
will issue in 2010.
In September Cannon presented
a critique of Regulation by Litigation
by Andrew Morriss, Bruce Yandle,
and Andrew Dorchak at a roundtable
at Case Western Reserve University
School of Law. Cannon also serves on
the board of advisors for the Institute
for Policy Integrity at NYU Law
School and participated as a panelist
at a workshop there in November on
cost-benefit analysis in regulation.
42 | UVA Lawyer FAll 2009
George Cohen
completed
articles to be
included as
chapters in two
different books.
The first is
Interpretation
and Implied Terms in Contract Law,
which is an updated version of a
previously published article in the
Encyclopedia of Law and Economics,
the second edition of which will be
published in 2010. The second article,
How Fault Shapes Contract Law,
will be included in a book on fault
and contract law (title TBA), also to
be published in 2010, and edited by
Ariel Porat and Omri Ben-Shahar.
Cohen also expects to finish this fall
work on the fifth edition of the Law
and Ethics of Lawyering, a casebook
co-authored with Geoffrey C. Hazard,
Jr., Susan P. Koniak, Roger C.
Cramton, and W. Bradley Wendel.
The casebook will also be published
in 2010.
Brandon
Garretts work
was cited in the
Supreme Courts
opinion in
Melendez-Diaz
v. Massachusetts
and in the
majority opinion and a dissenting
opinion in Osborne v. District Attorneys
Office of the Third Judicial District.
Garrett spoke about the Osborne case
at a summer workshop at the Law
School.
In May Garrett participated in
a panel at the annual Law & Society
Conference in Denver titled New
Research on False Convictions and
Exonerations.
In October Garrett spoke at the
University of Torontos lecture series,
Current Controversies in Forensic
Science & Medicine, hosted by
their Centre for Forensic Science &
Medicine. He presented research on
forensic science testimony in wrongful
conviction cases, as well as discussed
current issues regarding forensic
science reform.
Garrett is working on a book,
Misjudging Innocence, about
the criminal investigations, trials,
appeals, and post-conviction litigation
of people exonerated by post-
conviction DNA testing, for which
he recently received a contract from
Harvard University Press. As part of
that project, Garrett is working on
analyzing data concerning eyewitness
identifications in cases of exonerees.
He presented that data in a talk at the
American Society of Criminology
meeting in November.
Two articles from
George Geis are
forthcoming
this year: An
Empirical
Examination of
Business
Outsourcing
Transactions in the Virginia Law
Review and Internal Poison Pills, in
the New York University Law Review
(offering a novel type of security for
governing the tensions between
majority and minority shareholders).

Risa Goluboff
published an
essay called
Dispatch from
the Supreme
Court Archives:
Vagrancy,
Abortion, and
What the Links Between Them Reveal
About the History of Fundamental
Rights in the Stanford Law Review,
and gave a workshop at Harvard Law
School on the same essay. She made a
presentation at a Yale Law School
conference called The Constitution in
2020, on a panel on social rights. She
also made a presentation at a sympo-
sium on the NAACP at the Carter
Woodson center at UVA.
Thomas
Hafemeister
had three
articles pub-
lished this
summer;
Beware Those
Bearing Gifts:
Physicians Fiduciary Duty to Avoid
Pharmaceutical Marketing, (with
Sarah Payne Bryan) in the University
of Kansas Law Review; The Fiduciary
Obligation of Physicians to Just Say
No if an Informed Patient Demands
Services that Are Not Medically
Indicated,(with Richard M. Gul-
brandsen, Jr.), in the Seton Hall Law
Review; and Lean on Me: A Physi-
cians Fiduciary Duty to Disclose an
Emergent Medical Risk to the Patient,
(with Selina Spinos) in the Washington
University Law Review. A fourth has
been accepted for publication, Last
Stand? The Criminal Responsibility of
War Veterans Returning from Iraq and
Afghanistan with Post-Traumatic
Stress Disorder, (with Nicole A.
Stockey), in the Indiana Law Journal
(forthcoming December).
In addition, this summer, as
editor of Developments in Mental
Health Law, Hafemeister published
Volume 28, Number 1, which
contained an article by Benjamin
Holley 09, Its All in Your Head:
Neurotechnological Lie Detection and
the Fourth and Fifth Amendments,
and an article by Amanda Muller 10,
And His Roommate Told
Me; Should Forensic Mental
Health Evaluators Be Barred from
Recounting Third-Party Statements
When Explaining the Basis of Their
Opinions?, and 30 pages of case
notes that he authored. Holley with
his partner, Lee Pfeifer 09, won the
William Minor Lile Moot Court
Competition this spring.
A. E. Dick
Howard 61 has
been appointed
by the National
Constitution
Center and the
University of
Pennsylvania
School of Law as their visiting scholar
for 2009-10. The joint appointment
does not entail the scholars being in
residence; instead, the scholar gives
several lectures or programs during
the course of the academic year.
Previous scholars have included Akhil
Amar, Lillian BeVier, Ted Olson,
Kathleen Sullivan, and Lawrence Tribe.
The theme for the next year is global
constitutionalism, a focus that builds
on Howards work with constitution-
makers in other countries.
Faculty
Briefs
In July Howard gave his inaugural
lecture at the Center. His subject was
Founding Principles: The French
Connection. In his lecture, Howard
considered the early American state
constitutions, French interest in
American developments, the activities
of Benjamin Franklin and Thomas
Jefferson in Paris, the drafting of
the Declaration of Rights of Man
and the Citizen and of Frances
first Constitution, and enduring
themes of French and American
constitutionalism.
At the Fourth Circuit Judicial
Conference, Howard organized
and moderated a panel reviewing
principal decisions of the United
States Supreme Courts 200809 term.
His panelists included two prominent
journalists, Jan Crawford Greenburg
of ABC News, and Linda Greenhouse,
formerly of the New York Times
and now a senior fellow at Yale Law
School. The other panelists were John
McGinnis, of Northwestern University
School of Law, and Ted Olson, a
frequent litigator before the Supreme
Court.
The Virginia Bar Association
invited Howard to speak on The
Struggle for the Supreme Court at
a special meeting at the Old Capitol
Building in Williamsburg. He reviewed
the efforts of successive Republican
presidents to undo the legacy of the
Warren Court and to move the Court
in a more conservative direction.
In Washington, Karamah:
Muslim Women Lawyers for Human
Rights, convened its annual Law
and Leadership Summer Program.
Howard organized a workshop
on the distinctive features, in a
comparative setting, of American
constitutionalism. In Charlottesville,
UVA Lawyer Fall 2009 | 43
Faculty
Briefs
Howard was a faculty member at
the National Security Law Institute,
sponsored by the Center for
National Security Law. He spoke
on the prospects for constitutional
democracy in other parts of the world.
As the fall semester got underway,
the editors of the Virginia Law Review
invited Howard to speak at their
annual luncheon for faculty. Reflecting
on his days as a law clerk to Supreme
Court Justice Hugo L. Black, Howard
recounted significant ways in which
the Court has changed from the days
of the Warren Court to the present
time. He emphasized changes in the
Justices background and experience,
in the process of nomination and
confirmation, in way the Justices
conduct their business, and in the
selection and role of the law clerks.
Deena Hurwitz at University of Los Andes in
Bogota, Columbia.
In September Deena Hurwitz was in
Colombia to participate in the launch
of the Spanish version of a report on
the Right to Education of Afro-de-
scendant and Indigenous
Communities in the Americas. (Full
text online.) The International Human
Rights Law Clinic wrote the report in
2008, in collaboration with the Robert
F. Kennedy Memorial Center for
Justice and Human Rights, and the
Cornell Law School International
Human Rights Clinic, for the Inter-
44 | UVA Lawyer FAll 2009
American Commission on Human
Rights. Professor Hurwitz presented
some of the conclusions from the
report at a conference hosted by the
University of Los Andes in Bogota.
The Law School Human Rights
Program has received a grant from
the Office of the Vice Provost for
International Programs to bring
Rashida Manjoo, the U.N. Special
Rapporteur on violence against
women, its causes and consequences,
to UVA for one month, January -
February 2010. Manjoo will be a
distinguished international fellow and
a visiting professor. The purpose of
the UVA Distinguished International
Fellows Program is to broaden and
deepen the relationships between
UVA faculty and colleagues outside
of the U.S.; increase opportunities
for research collaborations; provide
opportunities to exchange ideas about
effective teaching; expose students
to the expertise of the International
fellows through classroom lectures,
seminars, and individual meetings;
and to expose members of the larger
University community and residents
of Central Virginia to the interests and
scholarship of the fellow.
This summer
Liz Magill 95
received from
the American
Constitution
Societys
Richard D.
Cudahy Writing
Competition an award for her paper
Standing for the Public: A Lost
History. The competition seeks to
identify legal scholarship that shows a
keen grasp of legal doctrine, deep
insight into the institutional forces
that determine how doctrine is
implemented, and an appreciation of
the public impact of doctrinal and
institutional choices, including the
consequences for fundamental values
such as fairness, participation, and
transparency.
In August Magill became the Law
Schools Academic Associate Dean.
In October she presented
Standing for the Public: A Lost
History at NYUs Constitutional
Theory Colloquium.
In June Tom
Massaro
became
founding Dean
of the medical
school at the
University of
Botswana. It is
the first medical school in the country
and the newest one in Africa.
In October Dan
Meador
participated in a
panel discussion
on the election
of state court
judges at the
annual meeting
of the American Academy of Appellate
Lawyers in Philadelphia.
At a conference on the Supreme
Court at the George Washington
University Law School in November,
Meador participated in a panel
discussion on a proposal to regularize
Supreme Court appointments by
providing for the appointment of one
new justice every two years.

Greg Mitchell
published The
Limits of Social
Framework
Evidence in
Law, Probability
& Risk (with
John Monahan
and Larry Walker), and The Relation
Between Consistency and Accuracy
of Witness Testimony (with Ronald
Fisher and Neil Brewer),in the
Handbook of Psychology and
Investigative Interviewing: Current
Developments and Future Directions,
from Wiley Press.
David Klein (UVA Politics
Department) and Mitchell completed
editing of the book, The Psychology
of Judicial Decision Making, which
was published this fall by Oxford
University Press. Mitchell contributed
two chapters to the book: one titled
Evaluating Judges and one with
Philip Tetlock titled Cognitive Style
and Judging. Mitchell and Tetlock
also published a lead article, Implicit
Bias and Accountability Systems: What
Must Organizations Do to Prevent
Discrimination?, and two replies to
responses to the article, A Renewed
Appeal for Adversarial Collaboration
and Adversarial Collaboration
Aborted But Our Offer Still Stands,
in the book series, Research in
Organizational Behavior.
In the spring semester, Mitchell
helped organize the Olin Conference
on Combating Workplace
Discrimination, and he also served
as a moderator and presenter at
the conference. Other University of
Virginia faculty from the Law School
and the economics, psychology, and
sociology departments participated
in the conference, as well as leading
discrimination researchers and
scholars from Harvard, Howard
University, MIT, the University
of Minnesota, Princeton, and the
University of California, Berkeley.
This summer Mitchell
participated on a panel discussing
current psychological research
on witness memory and its legal
relevance at the 31st Congress of the
International Academy of Law and
Mental Health. Also this summer,
Tetlock and Mitchell were awarded
a two-year, $250,000 grant from the
Searle Freedom Trust to study the
relationship between implicit bias and
discriminatory behavior.
In May John
Norton Moore,
director of the
Center for
Oceans Law and
Policy (COLP),
sponsored the
33rd COLP
Conference, Changes in the Arctic
Environment and the Law of the Sea
in Seward, Alaska. Moore delivered a
paper on the opening panel entitled
Conference Negotiation on Ice-Cov-
ered Area Articles. His paper, along
with all others delivered at the
conference, will be published late in
2009 in the conference proceedings
volume, Changes in the Arctic Environ-
ment and the Law of the Sea.
Also in May and June, COLP
held its 17th National Security Law
Institute. The institute provides
advanced training for professors of
law and political science who teach or
are preparing to teach graduate-level
courses in national security law or
Faculty
Briefs
related subjects requiring a detailed
understanding of national security law.
COLP also conducted the 14th
annual Rhodes Academy of Oceans
Law and Policy in Rhodes, Greece in
June and July. The Rhodes Academy is
an international collegial institution
dedicated to fostering a better
understanding of the modern law of
the sea and to promote adherence to
the rule of law in the worlds oceans.
In June Moore presented the
paper Toward More Effective Counter
Piracy Policy at the Maritime Piracy/
Counter Piracy Workshop at Booz
Allen Hamilton. A published version is
in the works.
In July Moore spoke at the
National Governors Association
annual meeting in Biloxi, Miss. He
addressed the Natural Resources
Committee session: Barriers to
American Energy Security and
Independence.
Tom Nachbar
spent time this
summer (as a
U.S. Army
Reservist)
working on the
Detention Policy
Task Force in
Washington, looking at policy
solutions for how to deal with
detainees in the future. A new edition
of the book he edits for the Army, the
Rule of Law Handbook, came out in
October.
UVA Lawyer Fall 2009 | 45
Faculty
Briefs
This fall the
Carolina
Academic Press
published
Jeffrey
OConnells
book, Political
and Legal
Adventurers: From Marx to Moynihan,
co-authored with his brother Thomas
E. OConnell. The book is a collection
of biographical essays on lawyers and
others whose careers intertwined with
law, public policy, and politics,
including Adlai Stevenson, Felix
Frankfurter, Tommy Corcoran, Pat
Moynihan, Bayard Rustin and others.
In early 2010 the Columbia
Business Law Review will publish an
article by OConnell and Patricia
Born on the similar cost and other
advantages of an early offers reform
proposal for product liability claims as
compared to general liability claims.
In August Dotan
Oliar presented
Secondary Fair
Use at the IP
Scholars
Conference at
Cardozo Law
School, N.Y. The
project studies the liability that should
be imposed on technology companies
for copyright infringement related to
their products.
In September Oliar published
From Corn to Norms: How IP
Entitlements Affect What Stand UP
Comedians Create (with Chris
Sprigman) in Virginia Law Review
In Brief. This essay replies to four law
professors who published responses to
our article on IP norms among stand-
46 | UVA Lawyer FAll 2009
up comedians, published last year in
the Virginia Law Review.
In October Oliar presented two
papers, Secondary Fair Use, and
Naked and Gross: Restrictions on
Alienation in Trademark Law (with
Rich Hynes) at the Works in Progress
in IP conference in Seton Hall Law
School, N.J.
Oliars article, Conventional
IP: A New Reading, is forthcoming
(2009) in UCLA Law Review. It
sheds light on puzzling occurrences
in the Constitutional Convention
surrounding the framing of the IP
Clause, and on the framers intent and
the clauses original understanding.
Robert ONeil
spent the spring
semester as a
visiting professor
at the University
of Texas School
of Law in
Austin, teaching
a course, Con Law: Church and State.
During that time he lectured
at the University of Missouri-
Columbia (annual Friends of the
Library Dinner), Rice University,
Trinity University/San Antonio, the
University of Arkansas-Little Rock, the
Valencia Community College Annual
Program for Community College
administrators and lawyers, and co-
presented the William Cotter Debate
at Colby College in Maine.
In February ONeil received the
first William Kaplin Award, presented
by Stetson University at its annual
higher education law conference.
He also conducted workshops and
programs for several governing boards
(Butler University, all West Virginia
public university board members
and presidents), while advising the
University System of Maryland on
film exhibition policies, and presented
a virtual seminar on campus speech
issues for the National Association
of College & University Attorneys
(NACUA). He has also continued
to work with the Association of
Governing Boards (revising their
basic document for new trustees,
Effective Governing Boards), serving
on an advisory council on conflict of
interest, and the board of consulting
editors of Trusteeship, the AGB
magazine).
In the spring ONeil spoke at
the annual meetings of the American
Library Association (Chicago), AGB
(San Diego), and NACUA (Toronto).
He is continuing to direct the Ford
Foundations Difficult Dialogues
Initiative, which is entering its final
year. Also this fall, he has an article
commissioned by NACUA for the 50th
anniversary symposium issue of the
Associations scholarly publication,
Journal of College & University Law.
Dan Ortiz is
working on a
journal piece
called Nice
Legal Studies,
which he hopes
to have pub-
lished next
spring; and with Liz Magill on a book
chapter called Comparative Positive
Political Theory and Institutional
Design.
The Supreme Court Litigation
Clinic, directed by Ortiz, has had
several cases going on this past
summer, which Ortiz and others have

been working on together. First, theres
Bloate v. United States, which concerns
whether time spent preparing
pre-trial motions is automatically
excludable under the Speedy Trial
Act. It was argued on October 6 by
Mark Stancil. The clinic also worked
on two cert petitions. One, in Rollins
v. United States, concerns whether a
federal court can impose a sentence
consecutive to a not-yet-imposed state
sentence. The other, Mincey v. United
States, concerns whether a person who
has the renters, but not the rental
companys, permission to drive a car
can have a reasonable expectation of
privacy in it. The clinic has also been
working hard to identify and line up
new cases to pursue.
In September
Mimi Riley
presented two
talks at Bio2Biz
South Africa,
South Africas
annual national
biotechnology
meeting. The first is Challenges and
Solutions in Commercializing
Genetically Engineered Animals and
their Products, and the second,
Regulating Cloned and Genetically
Engineered Animals: Opportunities,
Perils and Pitfalls. The following week
Riley spoke at the Virginia IRB
Consortium in Charlottesville on
The Genome Information Nondis-
crimination Act (GINA) of 2008
and Regulatory Aspects of Genetic
Research.
Mildred
Robinson
published
Transfer Tax
Reform after
EGTRRA-2001:
Reconstruction
or Further
Deconstruction, in the Virginia Tax
Review.
Robinson also made a number
of appearances in conjunction
with Law Touched Our Hearts: A
Generation Remembers Brown v.
Board of Education, (with Richard
Bonnie; Vanderbilt Press, 2009). She
moderated a penal discussion in
Williamsburg at the William & Mary
Law School featuring four of the five
contributors from the William &
Mary Law faculty; presented during
the Virginia Festival of the Book
in March (with Richard Bonnie);
presented at the Robert Russa Moton
Museum in Farmville, Va., in May;
and participated as a panelist during
Larry Sabatos Massive Resistance
conference in July in Richmond.
In the summer
Jim Ryan 92
published an
article and book
chapter: The
Big Picture: Five
Legal Issues
That Have
Changed the Face of Public Schooling
in the United States in Phi Delta
Kappan; and The Real Lessons of
School Desegregation, in From
Schoolhouse to Courthouse: The
Judiciarys Role in American Education
(Brookings Institution Press 2009).
Ryan has another chapter, entitled A
Faculty
Briefs
Legal Perspective on Teacher Compen-
sation Reform, in Performance
Incentives: Their Growing Impact on
American K12 Education (forthcom-
ing, Brookings Institution Press 2009).
Ryan also taught constitutional
law to a group of foreign students in
Columbia Law Schools Summer in
Amsterdam program, and in January
will begin a four-month fellowship
at the University of Auckland Law
School in New Zealand. Ryan stepped
down as the Law Schools Academic
Associate Dean at the end of August.
George
Rutherglen has
new editions of
two books
coming out:
Employment
Discrimination
Law: Visions of
Equality in Theory and Doctrine (a
third edition), and Major Issues in the
Federal Law of Employment Discrimi-
nation (a fifth edition). He also has a
book under contract with Oxford
University Press on Slavery, Freedom,
and Civil Rights. Also, over the
summer, his article, Textual Corrup-
tion in the Civil Rights Cases, came
out in the Journal of the Supreme Court
Historical Society.
UVA Lawyer Fall 2009 | 47
Faculty
Briefs
Fred Schauer
continues to
serve on the
board of
governors of the
James T. &
Catherine D.
Macarthur Law
and Neuroscience Project, and
presented Can Bad Science Be Good
Evidence?: Neuroscience-Based Lie
Detection and the Mistaken Confla-
tion of Legal and Scientific Norms as
his inaugural lecture for the Law
Schools David and Mary Harrison
Distinguished Professorship in April;
at the Duck Conference on Social
Cognition in June; at the Mino-Foro
on Proof and Truth in the Law at the
Institute for Philosophical Research,
UNAM, Mexico City, in September; at
the University of Virginia Department
of Psychology in October; and at the
State University of New York at
Buffalo in November.
In May Schauer lectured on
jurisprudence at the University of
Palermo and the University of Genoa
in Italy.
In September Schauer wrote
The Trouble with Cases with
Richard Zeckhauser for a National
Bureau of Economic Research
conference, Regulation by Litigation,
with the paper to be published in
the conference proceedings by the
University of Chicago Press. He also
spoke on Guidance and the Supreme
Court Docket at a Yale Law School
conference on the Supreme Court
docket.
In October Schauer delivered the
annual Melville Nimmer Memorial
Lecture at the UCLA School of Law
with the title Facts and the First
Amendment. The lecture will be
48 | UVA Lawyer FAll 2009
published as an article in the UCLA
Law Review. He also delivered the
annual Sibley Lecture at the University
of Georgia School of Law, with the
title When and How (If At All) Does
Law Constrain Official Action? The
lecture will be published as an article
in the Georgia Law Review.
In November Schauer was a
featured speaker at a university-wide
conference on racial profiling at
Washington University in St. Louis.
He also spoke at the University of
Michigan Law Schools Legal Theory
Workshop on Llewellyn on Rules
Schauer has also published
Paltering, with Richard Zeckhauser,
in Deception: From Ancient Empires to
Internet Dating (Stanford University
Press, 2009); and Institutions and the
Concept of Law: A Reply to Ronald
Dworkin, in Law as Institutional
Normative Order (Ashgate Publishing,
2009).
Richard
Schragger has
returned to UVA
after a year in
New York City,
first as a visiting
professor at
NYU in fall 2008
and then as the Samuel Rubin Visiting
Professor at Columbia in spring 2009.
Schraggers article, Mobile
Capital, Local Economic Regulation,
and the Democratic City, will be
published in the Harvard Law Review
in December. He presented the
paper at faculty workshops at NYU,
Columbia, and Cardozo.
In October of 2008 he gave the
keynote address at a conference,
Cities and Counties in the Global
Economy: Local Economic and
Immigration Policy held at the UC
Hastings College of Law. In June he
presented Rethinking the Theory
and Practice of Local Economic
Development at a conference entitled
Reassessing the State and Local
Government Toolkit held at the
Chicago Law School. The paper will be
published in the Chicago Law Review
next year. He also published The
Progressive City, an essay for Why
the Local Still Matters: Federalism,
Localism, and Public Interest
Advocacy, in Papers from the Eleventh
Annual Liman Public Interest Program
Colloquium (2009), a conference at the
Yale Law School.
Gil Siegal S.J.D.
09 (with Moti
Mark) has
published
Mental Health
Rights in
Israel A
Multi-dimen-
sional Analysis in the Journal of
Health Law and Bioethics. Siegal is a
member of the Israeli Statutory
National Committee on Brain Death
and Organ Transplantation; the
European Society of Cardiology
Special Task Force; and the Ethics
Committee of the Medical University
of Graz, Austria. He is also on the
international advisory board of the
Austrian Biobank Project (GATiB II
Project).
Siegal has received a research
grant from the Israeli National
Institute for Health policy for A
Multi-disciplinary Approach to
Quality Control of Child Abuse
Identification in Emergency Care.

Barbara
Spellman has
been serving
this year on the
National
Academies
Committee on
Behavioral and
Social Science Research to Improve
Intelligence Analysis for National
Security, and she was appointed
associate editor of Thinking &
Reasoning, and co-editor of a special
issue of Psychonomic Bulletin &
Review on Psychology and Law:
Emerging Trends in Empirical
Research. Spellman will have a paper
in that special issue (with Elizabeth R.
Tenney) entitled Credibility In and
Out of Court.
Spellman also published (with
Elizabeth R. Tenney and Hayley M.
D. Cleary) Unpacking the Doubt
in Beyond a Reasonable Doubt:
Plausible Alternative Stories Increase
Not Guilty Verdicts, in Basic and
Applied Social Psychology. That article
(which originally appeared in a
psychology journal) was revised
for legal application and published
with response and replies as: This
Other Dude Did It! A Test of the
Alternative Explanation Defense, in
The Jury Expert.
Spellman also spoke in September
at the Northwestern University
Law School Law and Psychology
Colloquium on (Re-)Considering
Credibility, and in November at the
University of Buffalo Baldy Center for
Law and Social Policy on the same topic.
Paul Stephan
77 coauthored a
new casebook,
Doing Business
in Emerging
Markets, with
Richard Dean
and published
by Foundation Press in October. In
October, Stephan appeared at a
conference at Columbia Law School
on investment law and social justice,
and made a presentation at Harvard
Law School on accessory liability
under the Alien Tort Statute. In
December he will present a paper at a
conference at Santa Clara Law School
on The Supreme Court and Treaty
Interpretation, 1945-2000, which will
be published as part of a book on the
history of the Supreme Courts
engagement with international law.
In October, Siva
Vaidhyanathan
received an IP3
Award from
Public Knowl-
edge, a public
interest
advocacy and
education organization that seeks to
promote a balanced approach to
intellectual property law and technol-
ogy policy that reflects the cultural
bargain intended by the framers of
the constitution. Awards are given to
individuals who over the past year (or
over the course of their careers) have
advanced the public interest in one of
the three areas of intellectual property,
information policy, and internet
protocol. Vaidhyanathan was recog-
nized for his work in intellectual
property.
Faculty
Briefs
For the past decade,
Vaidhyanathan has been one of the
leading academic advocates for a more
balanced copyright policy. He is the
author of two books, Copyrights and
Copywrongs: The Rise of Intellectual
Property and How it Threatens
Creativity, (New York University
Press, 2001), and The Anarchist in
the Library: How the Clash Between
Freedom and Control is Hacking the
Real World and Crashing the System
(Basic Books, 2004), with a third
scheduled for next year. He also
has written numerous articles and
appeared on TV making the case for
access to information.
In May Ted
White chaired a
panel at the
Woodrow
Wilson Center
for International
Scholars
conference on
Alexander Vassilievs Notebooks and
their implications for Cold War
History. A two-part essay originating
in that conference, Alexander
Vassiliev and Alger Hiss, appeared in
the summer and autumn issues of
volume 12 of the Green Bag 2d.
In October White attended a
conference on the history of judicial
review at George Washington Law
School and presented a paper,
Looking for the Law of the Land,
which will subsequently be published
in a symposium in the George
Washington Law Review.
UVA Lawyer Fall 2009 | 49
Faculty
Briefs
In January
George Yin
presented his
paper, Tempo-
rary-Effect
Legislation,
Political
Accountability,
and Fiscal Restraint, to a tax confer-
ence held in Los Angeles, Tax Policy
in the Obama Era, jointly sponsored
by the UCLA School of Law and the
Urban Institute-Brookings Tax Policy
Center. The paper, published in April
in the New York University Law
Review, explains why legislation with a
specific expiration date promotes
accountability and budget restraint.
In March Yin testified before the
U.S. Senate Finance Committee at a
hearing on whether the expiring Bush
tax cuts for middle-income taxpayers
should be extended. He argued that
because of the countrys dire fiscal
situation, all of the tax cuts, including
those applicable to middle-income
taxpayers, should be allowed to lapse
as soon as the country achieves a
target level of economic growth. The
testimony was published in Bush
Income Tax Cuts Should Not Be
Extended, 123 Tax Notes 117 (2009).
Yin also participated in a conference
on The Federal Budget and Tax Policy
for a Sound Fiscal Future, sponsored
by the Washington University Law
Center for Interdisciplinary Studies
in St. Louis. He presented his paper
on temporary-effect legislation and
fiscal restraint and also commented on
a paper concerning tax expenditures
and the federal budget.
In April Yin organized the annual
meeting, held at the Law School,
of the Virginia Tax Study Group, a
group of practitioners, academics,
50 | UVA Lawyer FAll 2009
and government representatives who would reverse a policy decision made
have ties to the Law School and are exactly 100 years ago); Reforming the
interested in tax policy issues. The Taxation of Foreign Direct Investment
program focused on ways to finance by U.S. Taxpayers, National Tax
the economic recovery effort and many Association., Proceedings of 100th
preexisting government obligations, Annual Conference on Taxation;
with specific panels on energy and The Story of Crane: How a Widows
environmental taxes, the corporate tax, Misfortune Led to Tax Shelters
and the value-added tax. in Tax Stories (Paul L. Caron, ed.,
In June Yin participated in a Foundation Press, 2d ed. 2009); and
five-day workshop on international Lawyer, Teacher, Public Servant in
taxation, Berkeley, Calif., jointly John Gamino, Robb A. Longman &
sponsored by the Robert D. Burch Matthew R. Sontag, eds., Careers in Tax
Center for Tax Policy and Public Law: Perspectives on the Tax Profession
Finance and the Oxford University and What It Holds for You (Amer. Bar
Centre for Business Taxation. Assn. Section of Taxation 2009).
In July the first edition of Yins
casebook, Partnership Taxation
(Aspen 2009), co-authored with
Karen C. Burke, was published. Yin
is continuing work on a companion
text, Corporate Taxation, also to be
published by Aspen.
In November Yin will participate
in the 62nd Annual Federal Tax
Conference sponsored by the University
of Chicago Law School. He will
comment on a paper concerning the
taxation of publicly traded partnerships.
In December Yin will deliver
the luncheon talk at the 57th Annual
Taxation Conference sponsored by
the University of Texas School of Law.
His topic will be Tax Legislation
(including Tax Reform?) in 2010 and
Beyond.
Other publications during 2009
included Corporate Tax Reform,
Finally, After 100 Years (forthcoming
Tax Notes), a short essay, which will
be included in a compilation of tax
reform proposals for the Volcker Tax
Reform Panel, that argues in order
to prevent a major tax shelter, only
public firms should be subject to the
corporate tax (if adopted, the proposal
Scholars Corner
R
ICH SCHRAGGER is one of the nations leading
young scholars of local government law whose work
expands considerably the traditional boundaries of
that field. Schragger looks at issues that are conventionally
analyzed as problems of state-federal relations, such as
economic regulation or same-sex marriage, and shows that the
relevant policy actors are often mayors and other local officials.
He uses that observation to illuminate federal constitutional
law and federalism but federalism considered as a three-tier
rather than a two-tier problem. Local, and not merely state,
rules may be protectionist or interfere with the free movement
of people and goods. Schraggers work challenges us to think
more deeply about the ways in which the division of political
power affects the distribution of power between private capital
and government.
In the following excerpt, Schragger considers the
appropriate scale for economic regulation. Despite the
conventional wisdom that sub-national governments cannot
effectively control or redistribute capital, Schragger observes
that cities have increasingly sought to do both. This new
regulatory localism is noteworthy because it challenges the
proposition that industrial policy, redistribution, and other
responses to global economic restructuring must be addressed
at the national level. It also challenges the proposition that
local economic development policies must necessarily be biased
in favor of corporate capital.
UVA Lawyer Fall 2009 | 51
Scholars
Corner
EXCERPT FROM:
Mobile Capital, Local Economic Regulation, and the Democratic City
123 Harv. L. Rev. (forthcoming 2009)
E CONOMIC localization is being driven by a
decentralized labor movement, urban anti-poverty
organizations, opportunities in municipal law, political
alliances with progressive city mayors, a localist economic
ideology, and the urban resurgence. These efforts are
emphatically post-industrial; in this atmosphere it may be
possible for cities to regulate in ways that nations and states
cannot to leverage place-dependent value and constrain
or redistribute capital. This nascent localization of economic
policy coincides with the rise of the region as an important
economic unit and the relative decline of the nation-state
as a central regulator of economic life. Even if there was
the political will to generate a new relationship between
capital and democracy, it is far from clear that the nation
can or is in a better position than cities to deliver. Indeed, a
progressive economic localism is one possible answer to the
dislocations that accompany globalization.
Debates about decentralization make little sense without reference to the
private-side exercise of economic power as well as the public-side exercise of
regulatory power.
In light of these phenomena, we need to reframe our
approach to city power. The conventional approach to
the allocation of powers between the federal, state, and
local governments involves assessing those governments
relative competences and the political effects of particular
allocations. These debates occur, however, with little
consideration of the allocation of power as between
government and capital. Debates about decentralization
make little sense without reference to the private-side
exercise of economic power as well as the public-side
exercise of regulatory power. The relevant question is: How
is the citys power exercised vis--vis capital in particular,
vis--vis large-scale, mobile capital? That question should
52 | UVA Lawyer FAll 2009
inform how we conceive of local power and how we think
about local economic policy.
We should start by complicating our understanding
of the relative vulnerabilities of city and capital. The
disciplining view of capital mobility is skeptical of the
exercise of local power it assumes that government
power will often be deployed to exploit unless there are
some constraints. Liberty, on this account, is the exercise
of rights against and the operation of markets free
from direct government intervention or interference.
One implication of this view is that where exit does not
provide sufficient discipline, legal limits on city power are
appropriate to prevent exploitation of property owners,
corruption, and other political process flaws of local urban
democracy. Courts and legislatures should step in to prevent
local oppression of the vulnerable; local authority is thus
appropriately limited.
When one turns away from the dominant conception
of rights and markets, however, a different idea of
vulnerability emerges. A competing political tradition
tells us that governments are also vulnerable to markets,
though this vulnerability tends to be less visible. Indeed,
the vulnerability of the city to mobile capital is often
interpreted as the reverse the vulnerability of capital to
local government.
Kelo [v. New London] is a nice example: mobile
capital dictates the terms of New Londons economic
strategy, but the salient and legally-cognizable act was
the governments invasion of the homeowners property
rights. The liberal economic order has the necessary tools

to prevent the public sphere from invading a protected
private sphere the language of rights does most of this
work. But we have more trouble understanding when the
private sphere is invading the sphere of the public that
is, we have more trouble preventing the distortion of public
decision-making for private ends. Explicit corruption or
capture of public processes can be guarded against, but
the form of corruption that worries those concerned with
capitals political power the narrowing of the public
sphere, the loss of political and economic independence,
government policy driven by unaccountable and unelected
The sense that government has lost the power to control the chief determinants of
citizens well-being drives local economic reform efforts like the minimum wage.
economic actors is more difficult to articulate. The sense
that government has lost the power to control the chief
determinants of citizens well-being sometimes described
in terms of democracy deficits drives local economic
reform efforts like the minimum wage.
Our difficulty in articulating this concern reflects the
pervasiveness of the negative conception of rights as trumps
to be asserted against government invasions. That difficulty
also stems from the fact that we have come to discount the
notion of the common good itself; the public no longer
exists, but is an amalgam of private interests. Indeed, our
current theories of democratic process dominated as they
are by public choice tend to undermine the idea of an
identifiable democratic public at all. The democratic public
either does not exist or has no interests that can be invaded
by private-side rights-bearers.
But this one-sidedness masks the central problem,
which is that the political pathologies of local government
are, in significant part, a function of local governments
relationship to capital. Indeed, both concerns the
public invasion of rights and the private corruption of
the public good have and continue to be dominant
problems in the city-business relationship. Recall that
the original 19th century limitations on city power were
a means of restraining giveaways to mobile capital; the
counter-movement to limit state authority was motivated
by similar concerns that business-dominated interests were
corrupting good municipal government. Limiting municipal
Scholars
Corner
power to intervene in the private marketplace by enforcing
a rigid public/private distinction and adjusting the citys
powers vis--vis higher level governments have been the two
primary ways of dealing with the pathologies of the city-
business relationship. These conceptual narratives continue
to dominate the current law of local government.
Those efforts are quite imperfect, however. More
importantly, they appear unable to effectively cabin the
politics of capital attraction, retention, and exploitation.
That is because the relationship between the legal regulation
of the city and mobile capital is not a linear one. The city
develops in tandem with private investment, commercial
activity, and capital formation city power cannot be
disentangled from the power of private economic activity.
Mobile capital operates through the instruments of local
government; the rules that bind the latter might well be for
the purpose of binding the former. Reformers legitimately
worry that public power will be used as an instrument for
private gain, but private gain is the citys lifeblood.
The notion of city power is thus more complicated
than it appears. Cataloguing the powers or limitations of
municipal government does not tell us very much. Rather,
one needs to ask how lodging authority to make certain
kinds of decisions at a particular level of government
federal, state, or local affects the city-business relationship.
Indeed, the city power debate to the extent it only
looks at the legal powers of cities vis--vis other levels
of government is somewhat beside the point. Local
autonomy is not an available option: first, because the city
and private investment are inextricably linked; and second,
because different allocations of legal authority as between
the city, state, and federal governments will have different
(and not always predictable) consequences for the citys
vulnerability to private-side control and manipulation.
UVA Lawyer Fall 2009 | 53
Class Notes
1940 Reunion Year
The Universitys Miller Center of Public
Affairs and the Miller Center Foundation
honored Mortimer Caplin, founding
member of the law firm of Caplin &
Drysdale, with the 2009 Elizabeth Scott
Award for his dedication and leadership to
the Center, the University, and the greater
community. The conferring of the award
on September 17 was one of the highlights
of the Foundations annual Salute Event.
The Foundation praised Caplin for his
longstanding service to the Miller Center
as a member of both its governing council
and foundation board. It also applauded
him for establishing the endowment that
launched the annual Mortimer Caplin
Conference on the World Economy. Debuted
last year, this landmark event brought 12
former G-20 finance ministers to the Miller
Center to lay the underpinning for new
financial architecture to address rapidly
changing global economic challenges.
1949
In September Benjamin F. Sutherland
reached his 60th anniversary of practicing
law. He entered the Law School on the
GI bill after World War II, passed the bar
in 1949, and still practices at age 91 in
Clintwood, Va.
Frank Warren Swackers murder mystery,
Who Murdered Mom?, is available in its
second edition through Amazon.com,
Barnesandnoble.com, and local bookstores.
1951
Jack P. Jefferies wants classmates to know
that his wife, Karen Lisa Sommarstrom
Jefferies, died on March 12. Karen and Jack
married in 1972 and raised a daughter,
Elizabeth Jefferies de Villegas. Jack is a
retired senior law partner at Lord Day &
Lord in New York City.
1955 Reunion Year
William Littlejohn won the Washington
Writers Publishing House annual fiction
contest with his debut novel, Calvin. The
book is a coming of age story of ten-
year-old Billy and an African-American
servant, Calvin, who manages to bring
some stability to a chaotic family situation
in South Carolina during the Depression.
The book has been published as a trade
paperback by the Washington Writers
Publishing House. (See In Print)
1957
John Corse recently took a trip up the
Alaska Inland Passage from Ketchikan to
Juneau aboard a 162-foot motor yacht. He
had a number of adventures along the way,
including a steep jump into icy waters and
a close encounter (within six feet) with a
grizzly. Corse had no way to escape with
two women and five children positioned
behind him. Fortunately, the bear was well
fed and distracted by salmon leaping
upstream, and turned away at the last
minute.
On another excursion, a wrong turn
on a hiking path led Corse up a 3,000-foot
mountain with four children in tow. After
touring Glacier National Park, he headed
for the U.S. Masters National Swimming
Meet in Indianapolis, Ind. He came in
second in the 50-meter freestyle event,
third in the 200-meter individual medley,
and swam on three winning relay teams.
Not bad, he writes, after lolling around
eating and drinking in luxury for two
weeks before the meet.
Herbert S. Glickman has joined
Greenbaum, Row, Smith & Davis as
counsel in the firms Roseland, N.J.,
office. Previously he served as a superior
court judge for 24 years, presiding over
matrimonial and family-related cases. In
recent years he concentrated on mediation
and arbitration of family cases in private
practice.
1959
Wright Hugus, Jr., is entering his 15th year
of semi-retirement reading and writing
in the winter and selling ice cream from his
vintage Good Humor truck in the summer.
1963
William R. Rakes has been included in
Virginia Super Lawyers in the area of
business litigation. Rakes is a partner in
the Roanoke office of Gentry Locke Rakes
& Moore.
UVA Lawyer Fall 2009 | 55
Class
Notes
1964
W. Thomas Grimm lives in Ruskin, Fla.,
where he has embarked on a new career as
an adjunct professor teaching American
government, political science, and business
law at Hillsborough Community College.
His daughter, Emily, recruits physicians
for a regional hospital in Thomasville, Ga.
His son, Lars, graduated from Yale medical
school this spring and is at Duke for his
residency. His son, Nils, just graduated
from Vanderbilt and is attending UVA Law.
Edward J. Handler III is the founder,
chair, and CEO of The Bronx Project, Inc.,
a developmental stage drug company.
The company has finished pre-clinical
testing of Pharmaceutical C3 in mice and
expects to conclude trials in non-human
primates soon. Pharmaceutical C3 will be
effective in arresting Parkinsons. Studies
with rodents have shown it to be effective
against schizophrenia and ALS as well.
Publication of articles (on Parkinsons)
in juried journals is anticipated as well as
some media coverage.
Whayne Quin is a partner in the
Washington, D.C., office of Holland &
Knight, where he practices municipal law.
Gilbert Wright practices insurance and
contract litigation law as a solo practitioner
in Jacksonville, Fla., after many years as
counsel with larger law firms. In 2006 he
moved to Jacksonville from Massachusetts
with his wife, Nancy. They have a son
who practices law in Chicago, a son who
works in banking in Montana, and two
grandchildren.
Tell us the important things that happen in your life! We welcome submissions for inclusion in Class Notes. Online, submit them at www.law.
virginia.edu/alumni; E-mail them to lawalum@virginia.edu; mail them to UVA Lawyer, University of Virginia School of Law, 580 Massie Road,
Charlottesville, VA 22903; or fax them to 434/296-4838. Please send your submissions by February 19 for inclusion in the next issue.
56 | UVA Lawyer FAll 2009
1965 Reunion Year
Stuyvesant K. Bearns has been included
in Best Lawyers in America 2010 in the area
of trusts and estates. He was also listed
in Connecticut Super Lawyers in the area
of estate planning and probate. He is of
counsel in the Lakeville office of Shipman
& Goodwin.
1966
Guy Farmer recently joined Gray
Robinson in Jacksonville, Fla., where
he will continue to practice labor and
employment law. He was recently
recognized as having been named in every
edition of Best Lawyers in America.
1967
J. Rudy Austin has been included in
Virginia Super Lawyers in the area of
construction litigation. He is a partner in
the Roanoke office of Gentry Locke Rakes
& Moore.
Howard W. Martin, Jr.,
recently received the
Eggleston-IAnson
Award from the
Norfolk & Portsmouth
Bar Association. The
award, given in a
formal ceremony at
the associations annual meeting in May,
honors attorneys who epitomize the
highest standards of professionalism
throughout their careers. Martin has been
selected for inclusion in Best Lawyers in
America 2009 and has also been listed in
Virginia Super Lawyers in the area of real
estate. He is a partner with Crenshaw, Ware
& Martin in the firms Norfolk office.
Henry L. Young, Jr., is a sole practitioner
in Dawsonville, Ga. He serves as
National Judge Advocate of the 82nd
Airborne Division Association, a veterans
organization. In 2008 the Association
honored him with Airborne Man of the
Year at its annual awards ceremonies in
Atlanta.
1968
David D. Biklen was elected a lifetime
member of the Uniform Law Commission
at the organizations recent annual meeting
in Santa Fe, N. Mex. Biklen, executive
director of the Connecticut Law Revision
Commission, was first appointed a
Connecticut commissioner in 1982 and
has been reappointed by three succeeding
governors.
Donald C. Greenman has been included
in the International Whos Who of Shipping
& Maritime Lawyers 2009. He has been
included in Best Lawyers in America in the
maritime category since 1989 and has been
editor of American Maritime Cases since
1993. He is a principal in the admiralty
and maritime group in the Baltimore, Md.,
office of Ober/Kaler.
Barry C. Hawkins has been selected for
inclusion in Best Lawyers in America 2010
in the area of real estate law. He was also
listed in Connecticut Super Lawyers.
Hawkins is a partner in the Stamford office
of Shipman & Goodwin.
 Class
Notes

Lessons From Camp

PHILIP LILIENTHAL 65 AND GLOBAL CAMPS AFRICA

by Rebecca Barns

For many of us, camp was where we first

heard stories around a bonfire, learned to
paddle a canoe, and got our first taste of
independence. When avid camp enthusiast
Philip Lilienthal 65 founded Global Camps
Africa in 2003, he took all of the best things
about the camp experience and put them
to work helping children in South Africa get
a second chance in life.
Following his graduation from the Law
School, Lilienthal served two years with
the Peace Corps in Ethiopia as an attorney
and helped establish the countrys first
residential summer camps. He later worked
in private practice, served as an attorney in Above, Lilienthal remembered encountering John F. Kennedys photos everywhere when he was a Peace Corps
volunteer in Ethiopia so he distributed photos of our current president.
Peace Corps headquarters in Washington,
D.C., and as staff in the Philippines and
Thailand. When he returned to the U.S. he opened a law practice in When camp first started, no one knew how South African
Reston, Va. For 30 years he was also the owner and director of Camp families would respond. We thought we would hit the wall at least
Winnebago in Maine, a boys camp established in 1919 and now twice, says Lilienthal. At the beginning, when they found out we
owned by his son, Andy. were talking to their children about sexuality and HIV/AIDS, and
In 2003 Lilienthal travelled to South Africa, where the worlds more recently, when we promoted HIV testing and then actually did
highest number of people living with HIV/AIDS leaves thousands of the voluntary counseling and testing at camp. The community, as it
children orphaned, infected, and with parents dying of it. He wanted turns out, is very supportive.
to find out whether these kids had any opportunities to go to camp, Back in Soweto, Global Camps Africa extends its reach to
and discovered there were none. So he founded Global Camps Africa, graduates through bi-weekly Kids Club meetings. The sessions provide
Inc. to see if camp would be an effective intervention. He set up continuing support and reinforce the life skills learned in camp.
headquarters in Reston. Lilienthal travels to camps throughout the United States to spread
In 2004 the first overnight camp, about an hours drive from the word about Global Camps Africa. Hes often asked about the
Johannesburg, opened for business. Camp Sizanani (Sizanani means wherewithal it takes to tackle what seems, at time, an insurmountable
to help each other in Zulu) has six ten-day sessions each year for crisis. The key to me in facing the HIV/AIDS issue, he says, is never
about 130 boys and girls aged 10-16. Most of the children come from to look at what is left unsolved, but to concentrate on how many
the Soweto area. Since Sizanani opened in 2004, more than 3,700 children might benefit from what we were doing. There is also the
children have attended. constant thought that, by other groups copying what we are doing,
Kids play sports, dance, sing, write about their lives, and create we are helping more children than we are directly impacting.
art at the camp. Boys and girls learn respect for one another and Lilienthal sees Camp Sizanani as a beginning, a model for other,
speak openly about sexual issues a novel experience for most much-needed camps throughout South Africa. Three new camps are
and begin to break gender stereotypes. Lessons in proper hygiene, in the planning stages, along with plans for a camp in Uganda. In the
HIV/AIDS prevention and awareness, healthy sexuality, and nutrition meantime, Sizanani continues to change lives for the better. As one
are incorporated into daily activities in creative ways. Lilienthal and 13-year-old camper named Busi put it, I came here empty, but now
his colleagues call it serious fun. I am full.

UVA Lawyer Fall 2009 | 57

Class
Notes
Bruce Lev has joined the board of
directors of Integral Systems. Since 2003
Lev has served as a managing director of
Loeb Partners, an investment firm based
in New York City. Previously, Lev served
as vice chairman and director of USCO
Logistics, a service provider of supply
chain management. From 1995 through
2000 he served as executive vice president
of corporate and legal affairs of Micro
Warehouse, a $2.5 billion direct marketer
of brand name personal computers and
accessories to commercial and consumer
markets.
Gail S. Marshall and her husband, John,
recently completed a two-week volunteer
teaching tour in Ghana. Gail continues a
private practice and serves as attorney for
the town of Orange, Va.
Ambassador (ret) W. Robert Pearson has
been president of IREX since November
2008. IREX is an international nonprofit
organization providing leadership
and innovative programs to improve
the quality of education, strengthen
independent media, and foster pluralistic
civil society development. Founded at
Princeton in 1968, IREX has an annual
portfolio of over $60 million and a staff of
500 professionals worldwide.
Pearson retired in 2006 from the U.S.
Foreign Service. As Director General of
the U.S. Foreign Service from 2003 to
2006, he introduced critical changes in
American diplomacy, earning awards for
innovation and management improvement
and preparing the United States for the
challenges of the 21st century. He served as
Ambassador to Turkey from 2000 to 2003
during a critical period, and was previously
posted in Paris, Brussels, Beijing, Taipei,
and Auckland, in addition to other senior
positions at the Department of State. From
2006 to 2008, he headed the international
business division of the Spectrum Group
in Alexandria, Va.
58 | UVA Lawyer FAll 2009
1969
Robert W. Ashmore
has been selected for
inclusion in Best
Lawyers in America
2010. He is a partner
in the Atlanta, Ga.,
office of Fisher &
Phillips, where he
focuses on representing employers in nearly
every area of labor and employment law.
Ford Barrett recently argued a case before
the U.S. Court of Appeals for the Fifth
Circuit concerning the use of suspicious
activity reports in private civil lawsuits.
The argument was held at the University
of Texas Law School in Austin. Barrett
is senior counsel in the Office of the
Comptroller of the Currency, a bureau
of the U.S. Treasury Department that
regulates all the national banks in the
United States.
Tom Carr reports that his son, Brendan,
was sworn in as a member of the bar of the
Fourth Circuit Court of Appeals on May
14 in Richmond by Judge Dennis Shedd,
for whom he clerked through the summer.
The day after Brendans swearing in, Tom
had breakfast with His Honor J. Harvie
Wilkinson III 72, and toured the State
Capitol with Her Honor Diana Gribbon
Motz 68, who was leading the clerks on a
special tour. Tom notes that his son
introduced him to Her Honor Sandra Day
OConnor.
James Cosby and his wife, Noel, are
enjoying retirement. James retired from
the Department of Justice in 2007; Noel
retired from the IRS in 2001. All three of
WANTED:
A few good annual giving
volunteers
Join the Law Schools volunteer team.
Contact Helen M. Snyder 87
helensnyder@virginia.edu
434-924-4668
their daughters are married and live in
Richmond and Fluvanna County, Va. James
is a member of the Roanoke Chapter of the
National Railway Historical Society, and he
and his wife are active in the Lions Club.
They enjoy traveling, and this year they will
take their eleventh trip to Europe this
time visiting Eastern Europe.
Frederick Hodnett is quite active in his
retirement. He worked for the Senate of
Virginia Clerks Office for the 2009 session
of the Virginia General Assembly, is a
substitute teacher in the Hanover County
School system, and performs civil marriage
ceremonies throughout Virginia.
1971
William P. Boswell was awarded the
Pennsylvania Meritorious Service
Medal in 2008 by Governor Ed Rendell.
The Commonwealths highest civilian
decoration was presented to Boswell
for more than 25 years of public and
community service in various positions at
local, state, and national levels, including
ten years as president of the council and
ten years as the mayor of Glen Osborne, a
suburb of Pittsburgh.
Boswell is a retired executive with
Consolidated Natural Gas Company
(now Dominion), a retired partner of
McGuireWoods Pittsburgh office, and
a retired colonel in the U.S. Air Force
Reserve. He practices in the area of non-
profit corporate governance and serves as
general counsel of the North American
Energy Standards Board.

Edward B. Lowry has
been selected for
inclusion in Virginia
Super Lawyers and in
Best Lawyers in
America 2010. He is
with Michie Hamlett
Lowry Rasmussen &
Tweel in the Charlottesville office, where his
practice focuses on commercial litigation.
John McVickar is on the board of the
Capital Region Land Conservancy in
Richmond, a private, non-profit land trust
that helps preserve and protect areas of
scenic, historic, and ecological significance
in Richmond and seven surrounding
counties.
Ronald R. Tweel was
selected for
membership in the
American College of
Family Trial Lawyers,
one of only two
lawyers in Virginia to
be so honored. Tweel
has also been selected for inclusion in the
Virginia Super Lawyers and in Best Lawyers
in America 2010. Tweel practices with
Michie Hamlett Lowry Rasmussen & Tweel
in Charlottesville, where he focuses on the
area of domestic relations.
1972
In May Robert A. Sugarman was honored
by the Jewish Labor Committee for his
contributions to labor and employee
benefits law and his accomplishments on
behalf of working people. A reception
was held for him at the AFL-CIO lawyers
coordinating committee conference at the
Fontainebleau Resort in Miami Beach.
Growing up in Miami, the son of a union-
member butcher, Sugarman became a
union member himself as a teenager, and
later a union organizer. His Miami law
firm, Sugarman & Susskind, represents
labor unions, employee benefit funds, and
workers.
Jim Turner, retired captain, U.S. Naval
Reserve, enjoys retirement and tending
his garden and lawns in the idyllic hills of
central New York, just outside picturesque
Cooperstown.
1973
George Bostick has been appointed
benefits tax counsel at the U.S. Department
of the Treasury. He will advise the Assistant
Secretary for Tax Policy, the General
Counsel of the Treasury, and others in
Treasury regarding employee benefits
and executive compensation policy.
Bostick practiced with Sutherland Asbill
& Brennan in Washington, D.C., for 30
years and was one of the founders of the
firms employee benefits and executive
compensation team.
Lee F. Feinberg has
been selected for
inclusion in Best
Lawyers in America
2010 in the area of
energy law. He is a
member in the
Charleston, W. Va.,
office of Spilman Thomas & Battle.
Mark E. Feldmann
was selected for
inclusion in Legal Elite
2008 by Virginia
Business magazine in
the area of
construction law and
the Virginia Super
Lawyers for business litigation. He is a
shareholder/director and president of
Glenn, Feldmann, Darby & Goodlatte in
Roanoke.
Class
Notes
G. Franklin Flippin has been selected for
inclusion in Virginia Super Lawyers in the
area of business law. He is a partner in the
Roanoke office of Gentry Locke Rakes &
Moore.
1974
Ralph Hornblower and Cynthia Edmunds
were married on November 6, 2004.
Hornblowers daughter, Natalie, was
born on June 21, 2007. His son, Sam, is a
producer for the CBS program, 60 Minutes,
and his son, Luke, entered a JD/MBA
program in Claremont, Calif., this fall.
In April 2008 Victor V. Ludwig was elected
by the Virginia General Assembly to serve
as a circuit court judge of the 25th Judicial
Circuit. He is the resident judge of Augusta
County.
James T. OReilly is
co-author of Punishing
Corporate Crime: Legal
Penalties for Criminal
and Regulatory
Violations, published
by Oxford University
Press in August.
OReilly is an international lecturer on
environmental law and part-time professor
at the University of Cincinnati College of
Law. He is the vice-mayor of the city of
Wyoming, Ohio, and has been elected to
the executive committee of the Ohio-
Kentucky-Indiana Regional Council of
Governments. He is of counsel in the
Indianapolis, Ind., office of Baker &
Daniels, where he is a member of the life
sciences practice group concentrating on
FDA regulatory matters. (See In Print)
Bruce Stanley, Sr., was
selected for inclusion
in Florida Super
Lawyers. He is a
stockholder with
Henderson, Franklin,
Starnes & Holt in the
UVA Lawyer Fall 2009 | 59
Class
Notes
firms Fort Myers office. Stanley practices
civil litigation with special focus on
medical malpractice, aviation cases,
products liability defense, and eminent
domain. He also has an agency practice
dealing with licensing and disciplinary
issues before the Florida Department
of Health.
1975 Reunion Year
Kent E. Agness retired after practicing
business law for 30 years with Barnes
& Thornburg in Indianapolis, Ind. His
daughter, Karin, graduated from the Law
School in May, and Kent reports that he
really enjoyed getting to Charlottesville to
visit her over the past seven years.
Charles L. Howard has been selected
for inclusion in Best Lawyers in America
2010 in the area of commercial litigation.
He was also listed in Connecticut Super
Lawyers in the area of intellectual property
litigation. He is a partner in the Hartford
office of Shipman & Goodwin.
John H. Lawrence, Jr., has been included
in Best Lawyers in America 2010 in the
areas of corporate and health care law.
He was also listed in Connecticut Super
Lawyers in the area of business/corporate
law. He is a partner in the Hartford office
of Shipman & Goodwin.
Don P. Martin was
named in Southwest
Super Lawyers
magazine as among
the top five percent of
attorneys in Arizona
and New Mexico. He is
also included in
Chambers USA 2009 in the area of
litigation. Martin was also selected for
inclusion in Best Lawyers in America 2010
in the area of commercial litigation/legal
malpractice law. He is a partner in the
Phoenix office of Quarles & Brady, where
he handles complex commercial litigation.
60 | UVA Lawyer FAll 2009
Lee F. Mercier has been selected for Auburn United Methodist Church, and a
inclusion in Florida Super Lawyers in estate dedicated Democrat who formerly served
planning and probate. He has been board as chairman of the Montgomery County
certified in wills, trusts, and estates since Democratic Committee.
1986 and is a shareholder with Dale, Bald,
Showalter, Mercier & Green in the firms John V. Little has been
Jacksonville office. selected for inclusion
in Best Lawyers in
America 2010 in the
1976 areas of corporate and
real estate law. His
Peter E. Broadbent, Jr., has been practice focuses in the
recognized in Virginia Super Lawyers as areas of business law
one of the top five percent of lawyers in and commercial real estate law, including
the state for his practice in utilities law. formation and operation of business
He has also been reappointed by the entities; business and real estate finance;
speaker of the Virginia House of Delegates banking; real estate development; and
as one of the non-legislator members of business and commercial real estate
the Virginia War of 1812 Bicentennial transactions. He is in the Charlottesville
Commission. Broadbent practices business, office of Michie Hamlett Lowry Rasmussen
intellectual property, governmental and & Tweel.
communications (utilities) law as a partner
with Christian & Barton in Richmond. Ann Margaret Pointer
has been selected for
Fred Gleaton recently inclusion in Best
became one of the first Lawyers in America
ten lawyers in Georgia 2010. Pointer is a
certified by the partner in the Atlanta,
American Board of Ga., office of Fisher &
Professional Liability Phillips, where she
Attorneys. He has been focuses on representing management in
involved in the defense labor and employment matters. She is also
of physicians and medical care providers in an adjunct professor at Emory University
medical liability cases for the past 25 years. Law School.
Gleaton has been named an advocate by
the American Board of Trial Advocates, a David B. Shapiro has
fellow of Litigation Counsel of America, been selected for
and has been recognized in Georgia Super inclusion in Best
Lawyers, 2007-2009. He is a founding Lawyers in America
partner in the Atlanta firm of Owen, 2010 in the area of
Gleaton, Egan, Jones and Sweeney, which corporate law. He is a
was recently named by Georgia Trend as member in the
one of the Best Places to Work in Charleston, W. Va.,
Georgia. office of Spilman Thomas & Battle.
Phillip Edwin Keith passed away on M. Hamilton Whitman, Jr., has been
August 15, after a long battle with brain selected for inclusion in International Whos
cancer. Keith was the head prosecutor Who of Shipping & Maritime Lawyers 2009.
at the Montgomery County (Virginia) He was also included in Maryland Super
Commonwealth Attorneys office, a Lawyers in the area of transportation/
Hokie fan, a lifelong member of the maritime law, and has been listed in Best

Lawyers in America since 1989. Whitman
serves on the advisory board of Historic
Ships in Baltimore and the national
advisory board of the Maritime Arbitration
Association of the United States. Whitman
is a fellow of the American College of Trial
Lawyers. He is a principal in the admiralty
and maritime group in the Baltimore office
of Ober/Kaler.
1977
William C. Crenshaw has joined Akerman
Senterfitt as a shareholder in the firms
Washington, D.C., office, where he focuses
his practice in the areas of bankruptcy and
creditors rights, commercial litigation, and
real estate.
Dennis A. Henigans book, Lethal Logic:
Exploding the Myths that Paralyze American
Gun Policy was published by Potomac
Books in June. The book explores the
impact of bumper-sticker logic on the
gun control debate and explains how
the gun lobbys tireless trumpeting of
simple, misguided messages has helped it
maintain political power. Henigan is the
vice president for law and policy at the
Brady Center to Prevent Gun Violence and
is the founder of the centers Legal Action
Project. For two decades he has been an
outspoken advocate for stronger gun laws.
(See In Print)
Charles S. Sharp has been elected by the
General Assembly to the position of judge
of the 15th Judicial Circuit, sitting in
Stafford, Va.
1978
In May Christopher
Scott DAngelo was a
featured speaker at the
International
Association of Defense
Counsel meeting in
Prague. The meetings
focus was collective redress/class action in
the European Union. DAngelo delivered
Hearing of the Alliance of Liberals and
Democrats for Europe on Collective
Redress and What Did Go Wrong with a
Well-Meant Idea in the U.S.?
In June he spoke at the Product
Liability Advisory Councils conference
in Boston, Mass. In his presentation, The
Times They Are a Changin, he discussed
his work with the European Parliament
and the EU Commission regarding
proposals for class actions in Europe,
noting what consumer rights actions in
Europe and Australia could mean for U.S.
and multinational companies. DAngelo is
a partner with Montgomery, McCracken,
Walker & Rhoads in Philadelphia, Pa.
Mark Duvall recently retired from Dow
Chemical and has moved to Washington,
D.C., joining Beveridge & Diamond to
practice environmental regulatory law. His
daughter, Amy, graduated from Michigan
Law School and will work in New York.
Lyn Gammill Walker has been selected for
inclusion in Best Lawyers in America 2010
in the area of trusts and estates. She was
also listed in Connecticut Super Lawyers in
the area of estate planning and probate.
She is a partner in the Hartford office of
Shipman & Goodwin.
Michael P. Haggerty
has been appointed to
the North Dallas Bank
& Trust Co. Board of
Directors. He is a
partner with Jackson
Walker, where he leads
the finance practice
group in the firms Dallas office. He is
listed in Best Lawyers in America 2010 in
the area of real estate law and has been
named a Texas Super Lawyer by Texas
Monthly for the past six years.
Class
Notes
Eric Solomon, most recently the U.S.
Treasury Assistant Secretary for Tax Policy,
has been named director of national tax in
Ernst & Youngs national tax department in
New York City.
1979
Robert Burton has served for over 21
years as a procurement law attorney in the
Department of Defense. In 2001 he was
appointed deputy administrator for federal
procurement policy in the Executive Office
of the President and became the top career
procurement policy official in the federal
government.
In 2008 Burton retired from federal
service and joined Venable in Washington,
D.C., as a partner, where he works with
the firms government contracts and
government affairs practice groups.
Burton is a fellow of the National Contract
Management Association and the National
Academy of Public Administration and
previously served on the Council of
the American Bar Associations Public
Contract Law Section.
Burton and his wife, Jane Urling,
have four children: Beth, Jim, John, and
Danny. Beth is a junior at George Mason
University; Jim is a first-year student at
UVA; John is a sophomore at the Heights
School in Potomac, Md.; and Danny is a
4th grader.
F.B. Webster Day has
been selected for
inclusion in Best
Lawyers in America
2010 in the area of
corporate and public
finance law. He
manages the Roanoke,
Va., office of Spilman Thomas & Battle.
David Furrow has been running his own
firm for 20 years. With two other lawyers,
Furrow & Dudley is now the largest private
firm in Franklin County, Va. The firms
office is in Rocky Mount.
UVA Lawyer Fall 2009 | 61
Class
Notes

Gary Goldberger has started a solo law

practice in the Los Angeles, Calif., area
focusing on entertainment law, general
business law, and new media law. Email
Gary at Goldbergerlaw@sbcglobal.net.

Michael K. Kuhn has

been selected for
inclusion in Best
Lawyers in America
Joseph Ryan, Jr. 78 James M. Campbell 83 2010. Kuhn is a partner
in the Houston, Tex.,
office of Jackson Walker,
Alumni at the Helm of where he focuses his

Worldwide Counsel practice on commercial real estate.

Ely A. Leichtling has

by Rebecca Barns been selected for
inclusion in Chambers
James M. Campbell 83 and Joseph W. Ryan, Jr. 78 were recently elected to lead the USA 2009 and Best
the International Association of Defense Counsel (IADC), a prestigious worldwide, legal Lawyers in America
organization. With headquarters in Chicago, Ill., the IADC serves nearly 2,500 corporate 2010 in the area of
and insurance defense attorneys from 33 countries. Membership is by invitation only, labor and employment
following a thorough review process. law. He is a partner in
the Milwaukee, Wis., office of Quarles &
For someone who never wanted to be anything other than a trial lawyer, the
Brady.
opportunity, challenge, honor, and responsibility of serving as the president of the IADC
is both daunting and exhilarating, says Campbell, president of Campbell Campbell
Elaine E. Whitbeck has been selected
Edwards & Conroy in Boston, Mass.
as the 2009 recipient of the Robert H.
Established in 1920 by a group of general counsels, the IADC has evolved into a
Dedman Award for Ethics and Law.
dynamic organization that offers opportunities through which members can sharpen Established in 2001 in honor of the late
their skills and professionalism, as well as strengthen camaraderie among their peers. Robert H. Dedmans commitment to
The annual Trial Academy is one example of the IADC programs. The seven-day ethics, the Dallas/Ft. Worth chapter of the
course, held at the Stanford Law School, is designed to hone the advocacy trial skills Texas General Counsel Forum honors a
of less-experienced attorneys. Sessions are taught by leading defense trial lawyers corporate attorney who has demonstrated
who demonstrate different ways to solve courtroom challenges. Students practice the highest ethical standards during his or
making opening and closing statements and leading direct and cross examination of her career.
mock witnesses and medical experts. Faculty review the videotaped sessions and offer Whitbeck is senior vice president, chief
legal officer, general counsel, and corporate
constructive comments to students.
secretary for Alcon, the worlds largest eye
Campbell and Ryan first collaborated at the IADC Trial Academy in 2005 as director
care company, headquartered in Fort Worth.
and director-elect, and discovered that they work very well together. We share a
great deal, says Ryan, an attorney with Porter Wright Morris & Arthur in Columbus,
Ohio. Were both Irish Catholics, went to Jesuit colleges, love to try lawsuits, and have
1980 Reunion Year
magnificent wives who buoy us up when we need it.
The Law School instilled in both men the ability to listen with an open mind. Ryan, Martha Ellett has moved from the
recently chosen as president-elect of IADC, attributes that quality, in part, to the Treasury Department to the FDICs Legal
approach of Bob Scott, Charlie Whitebread, Emerson Spies, and other Law professors. Division (Consumer and Legislation
UVA is well-represented in the IADC, notes Campbell, including past president Will Branch) in Washington, D.C. She and her
Cleveland 75, Chris DAngelo 78, and Kevin Brill, Fred Paliani, and Pat Conlon, all husband, Will, reside in Alexandria, Va.
from the class of 1983. With Campbell and Ryan at the helm, IADC is in good hands.

62 | UVA Lawyer FAll 2009


Sally C. Merrell has joined Von Briesen
& Roper in the Milwaukee, Wis., office.
She is a shareholder in the business
practice group, where she focuses on estate
planning, estate and trust administration,
charitable gift planning, and private
foundations.
W. David Paxton has been included in
Virginia Super Lawyers in the area of
employment and labor. He is a partner in
the Roanoke office of Gentry Locke Rakes
& Moore.
Beat U. Steiner has
been elected a fellow
of the American
College of Real Estate
Lawyers (ACREL).
ACRELs lawyers are
elected to fellowship
for their legal ability,
experience, and high standards of
professional and ethical conduct in the
practice of real estate law. Steiner is the
administrative partner of the Boulder,
Colo., office of Holland & Hart, the largest
law firm in the Rocky Mountain West, and
chairs the firms resorts, lodging, and
leisure group.
1981
Lora Dunlap has been included in Best
Lawyers in America 2010. Dunlap is a
partner in the Orlando, Fla., office of
Fisher, Rushmer, Werrenrath, Dickson,
Talley & Dunlap, where she focuses her
practice on professional liability defense
in the area of attorney and accountant
malpractice.
David P. Ferretti has
been selected for
inclusion in Best
Lawyers in America
2010 in corporate law
and mergers and
acquisitions law. He is a member in the
Charleston, W. Va., office of Spilman
Thomas & Battle.
William M. Herlihy
has been ranked by
Chambers USA 2009 in
natural resources law
and has been selected
for inclusion in Best
Lawyers in America
2010 in the areas of
corporate law, energy law, and natural
resources law. He is a member in the
Charleston, W. Va., office of Spilman
Thomas & Battle.
Christine Hughes was selected for the list,
In-House Leaders in the Law, compiled
by Massachusetts Lawyers Weekly and
featuring attorneys who demonstrate
innovative and practical business and legal
skills as general counsel or staff attorney
and who have an uncanny ability to
inspire and lead. Hughes is vice president
and general counsel to the president and
board of trustees at Emerson College in
Boston.
Tom Keane is a columnist for the Boston
Globes op-ed page and regularly writes
for the Globe Sunday Magazine. His pieces
have also appeared in the Boston Herald
and a number of other publications. Keane
has established a reputation for calling
things as he sees them (i.e., describing the
Rose Kennedy Greenway as wretched
and weighing in on whether eating locally
grown food will really save the planet in
his opinion it wont). Keane is a partner
with Murphy & Partners, a New York-
based private equity fund.
Blaine Lucas has been
named by Pennsylvania
Super Lawyers as one
of the top lawyers in
the state in the
government/cities/
municipalities section.
He is a shareholder in
Class
Notes
the public sector services and business
services groups in the Pittsburgh office of
Babst, Calland, Clements and Zomnir.
Allen Morgan has been elected a company
director of Oversee.net, a business
headquartered in Los Angeles, Calif.,
offering integrated services to register,
appraise, buy, and sell domain name
properties. For the past ten years he has
been a managing director and most recently
a venture partner at the Mayfield Fund.
David N. Schaeffer was installed as the new
president of the Atlanta Bar Association,
the largest voluntary bar association in
the Southeast, at the bars annual meeting
and awards luncheon in June. He served
as chair of the Litigation Section of the
Atlanta Bar Association in 20032004, and
has been a board member and officer of
the organization for seven years. Schaeffer
is a partner in the Atlanta office of Holland
Schaeffer Roddenbery Blitch (formerly
known as Kidd & Vaughan), where his
practice includes civil litigation, personal
injury claims, employment litigation, and
malpractice litigation. With the passing
of Charles Kidd 62 and the retirement
of Woodrow W. Vaughan, Jr. 78, the
remaining partners have renamed the firm.
David is now the only remaining UVA Law
alumnus at the firm.
The recent acquisition of AbCRO by
Pharmaceutical Product Development
created a serendipitous instance of Law,
Darden, and other UVA alumni working
together, writes Bob Webb.
AbCRO, a clinical research
organization operating in Central and
Eastern Europe, was cofounded in 1999
by Darden alumna Dana Leff Niedzielska.
Under Danas leadership as CEO, AbCRO
expanded operations throughout Eastern
Europe, including Bulgaria, Poland,
Romania, Serbia, Croatia, Ukraine, and
Russia, and had over 230 employees.
The sale transaction brought together
more Virginia graduates, as Darden
alumna Cecilia (Vidaeus) Gleason and
UVA Lawyer Fall 2009 | 63
Class
Notes
UVA ties abound. From left: Neal McCarthy, Dana
Leff Niedzielska, Lukasz Niedzielski, Cecilia
Vidaeus Gleason, and Bob Webb.
McIntire alumnus Neal McCarthy, both of
investment banking boutique, Fairmont
Partners, served as financial advisors to
AbCRO, while Webb of the Tysons Corner,
Va., office of Squire, Sanders & Dempsey
served as legal counsel to AbCRO and its
shareholders.
Not to be left un-Wahooed, however,
Pharmaceutical Product Development
turned to Mark Allebach 98 of the
Wilmington, N.C., offices of Murchison,
Taylor & Gibson for its outside legal counsel.
1982
Joe Dischinger is vice president of the
Colorado Bar Association. Dischinger is
with Fairfield and Woods in Denver, Colo.,
where he focuses his practice on water
rights and environmental law.
Wendell Fleming has started a new
job as executive director of the LARRK
Foundation in Denver, Colo., which
focuses on helping at-risk kids. I have
never enjoyed a job this much, he says. It
is especially gratifying to be giving away
money during these tough times.
Thomas C. Frongillo was the lead attorney
in United States v. W.R. Grace, et al., an
11-week federal criminal jury trial in
Missoula, Mont., that resulted in acquittal
on all counts and was the subject of
newspaper articles throughout the country.
64 | UVA Lawyer FAll 2009
Robert Bettacchi, a former senior vice
president of Grace and the president of
the construction products division, was
charged with conspiracy to violate the
Clean Air Act, knowing endangerment
under the Clean Air Act, and conspiracy
to defraud the United States. He faced
a maximum prison sentence of up to
15 years. The indictment alleged that
Bettacchi, several other Grace executives,
and the company had endangered
the citizens of Lincoln County due to
the release of asbestos from Graces
former vermiculite mining operation
near Libby, Mont. The Department of
Justice characterized the case as the
most significant criminal environmental
case ever prosecuted by the federal
Government.
The Weil Gotshal trial team, headed
by Frongillo, conducted the cross-
examination of the Governments key
witness that exposed the Governments
suppression of exculpatory evidence.
As a result, the district court imposed
sanctions against the Government during
the trial and struck all testimony of the
witness against Bettacchi. The jurys verdict
exonerated him on all charges. Frongillo
leads Weil Gotshal & Manges litigation
practice in the firms Boston, Mass., office.
Michael Houghton
has been elected chair
of the executive
committee of the
National Conference
of Commissioners on
Uniform State Laws
(Uniform Law
Commission). The ULC oversees the
drafting and promotion of uniform state
laws, including the Uniform Commercial
Code, Uniform Probate Code, and
Uniform Securities Act.
Since first appointed to the ULC from
Delaware in 1995, Houghton has served
on drafting committees, as chair of two
committees, and as ULC vice president.
He is a partner in the Wilmington, Del.,
office of Morris, Nichols, Arsht & Tunnell,
where he focuses his practice in the area of
commercial law counseling.
Jeffrey Levinger is
included in D
Magazines listing of
the Best Business
Lawyers in Dallas. He
is a co-founder of
Hankinson Levinger,
an appellate boutique
firm, and has been recognized among
Texass top lawyers every year since the
Texas Super Lawyers list was first published
in 2003. Levinger has also been named
repeatedly to lists of the top 100 attorneys
in both the Dallas-Fort Worth area and
throughout the state of Texas.
Will Lindsey recently closed his office in
Salem, Va., after 27 years of private practice
and joined the Capital Public Defenders
Office as a senior assistant capital defender.
The office, based in Christiansburg, is one
of four regional offices in the state, and
represents indigent defendants who face
the death penalty throughout southwest
Virginia.
Jay M. Tannon has helped create a new
transatlantic clean energy fund called
Novus Energy Partners, with offices in
Alexandria, Va., and Oslo, Norway. He
is a founder and outside counsel for the
fund. Tannon is a partner with DLA Piper
in the Washington, D.C., office, where he
counsels private equity funds and other
businesses on acquisitions and other
strategic transactions.
1983
James P. Cox III has
been selected for
inclusion in Virginia
Super Lawyers and Best

Lawyers in America 2010. He practices with
Michie Hamlett Lowry Rasmussen & Tweel
in the Charlottesville office, where he
focuses on estate planning and
administration, estate litigation, and real
estate.
Stephen S. Edelson earned an MBA from
Stanford after Law School and has been
a biotech and clean tech entrepreneur
since then. Currently he is co-founder and
president of FogGusters, Inc., which has a
novel, eco-friendly technology to remove
fat, oil, and grease (FOG) from oil refinery
and food factory wastewater so the FOG
can be used to make biodiesel cash
from trash. Edelson has also founded and
headed companies in precision farming
(using GPS to grow crops using less
water, fuel, and fertilizer) and in electric
power efficiency (digital filters that clean
polluted AC electricity). Steve, his wife,
Meg, and their daughter live in the San
Francisco, Calif., area.
Patrick O. Gottschalk is nearing the end of
his four-year term as the Virginia Secretary
of Commerce and Trade. Thus far in
Governor Tim Kaines administration,
more than 70,000 jobs have been created
and over $11 billion invested in Virginia.
Lee Guerry married Witney Schneidman
on November 15, 2008, in Alexandria,
Va., with a reception at the Mayflower
Hotel in Washington, D.C. Lee has two
stepchildren: Sam, a junior at Sewanee in
Tennessee, and Ellie, a sophomore at St.
Joes in Philadelphia, Pa. Lee is with Keller
Williams Realty in Alexandria.
Don K. Haycraft has
been selected for
inclusion in Best
Lawyers in America
2010 in the areas of
maritime law and
personal injury
litigation. He is a
shareholder in the New Orleans, La., office
of Liskow & Lewis.
Jeff Horner has been selected for inclusion
in Best Lawyers in America 2010 in the
area of education law. He is a partner in
the Houston, Tex., office of Bracewell &
Giuliani.
Robert Maguire has joined Perella
Weinberg Partners as a partner in the firms
corporate advisory group in the London
office. Maguire provides strategic advisory
services to clients in the global energy
sector. Prior to joining the firm, Maguire
was active in the global energy markets for
over 20 years, including his tenure at Basin
Capital Partners, where he continues to
serve on the advisory board. Prior to Basin
Capital, Maguire was an investment banker
in Morgan Stanleys energy group.
Wayne Moore,
associate professor of
political science in the
College of Liberal Arts
and Human Sciences
at Virginia Tech,
received the
Universitys 2009
Alumni Award for Excellence in
Undergraduate Academic Advising.
Recipients may be nominated by faculty
members or students, and are selected by a
committee of former award winners.
Moore has served as a pre-law adviser
for the Department of Political Science
since joining the Virginia Tech faculty in
1992 and has been the universitys sole
pre-law adviser since 2003. He also teaches
constitutional law for the department.
Julie K. Oldehoff has
joined Greenspoon
Marder in the firms
West Palm Beach, Fla.,
office, where she
focuses her practice in
commercial litigation
and collections and
appellate law.
Class
Notes
John Serpe recently
opened Serpe, Jones,
Andrews, Callender &
Bell in Houston, Tex.
The firm handles all
areas of litigation with
special expertise and
experience in medical
malpractice, health law, and commercial
litigation.
A fond memory from the class of 1983s 25th reunion
in 2008: (from left) Craig Van de Castle, Frank
Vecella, Jeff Oleynik and Bob Latham.
Craig Garett Van de Castle passed away
on August 2 from pancreatic cancer. As an
undergraduate at UVA he was an Echols
Scholar and lived on the Range. Craig
graduated with a B.A. in history and won
a scholarship from the Victorian Society
for the study of Victorian architecture in
England. After law school he clerked for
Ellen V. Nash and practiced with Wood
and Stone until 1986, when he joined the
National Legal Research Group, where
he specialized in the law of governmental
bodies.
Craig was one of the first garden
guides at Monticello in 1984 and became
a gardener there in 1987. In 1994 he
became a groundskeeper at the University,
maintaining Monroe Hill, the Lawn,
Pavilion gardens, and the cemetery. In
1997 he became a private landscaper
and worked on estates in the counties
surrounding Charlottesville. The work he
loved the most was the 36 years of blood,
UVA Lawyer Fall 2009 | 65
Class
Notes

Reunion Weekend

EACH MAY the Law School Alumni Association hosts

Law Alumni Weekend in Charlottesville. We asked

the Alumni Association for some key facts about the

weekend. We share them here, along with some photos

of the weekends highlights.

66 | UVA Lawyer FAll 2009

 Class
Notes

Number of people in town for LAW 1187

(the most ever)

Number of Mint Juleps consumed at the Kentucky Derby

party 250+ (we lost count)

Pounds of BBQ enjoyed at the picnic 174

Number of kids who were dazzled by the magician
or had their faces painted 130+

Hoos who picked up some historic facts on the

Hoo Knew Tour of the Grounds 121

Largest gift for reunions Class of 1979

Most participants in class gift Class of 1974

Number of dancers at the Saturday night after party

500+
Belgian waffles consumed at Sunday brunch 225
(at the very least)

#1 reason Law alumni return for LAW

to see old friends and classmates

UVA Lawyer Fall 2009 | 67

Class
Notes
sweat, and tears that he put into Blackberry
Hill Farm, where he created an extensive
series of trails, rock walls, terraced lawns,
and flower beds throughout the beautiful
40 acre farm in Crozet.
Craig is survived by his brothers, Keith
of Nashville, Tenn., and Drake of Crozet,
and his father, Robert, of Charlottesville.
Missy Young, who is no longer at
Monticello, traveled to England this
summer and had lunch with Bob Maguire
in London. Bobs wife, Katherine Bucknell,
is a literary scholar and novelist. All
three of their children are accomplished
musicians: son Bobby just graduated from
Cambridge, daughter Lucy has begun
studies at the New England Conservatory,
and 10-year-old Jack follows in his siblings
footsteps as a talented violinist.
1984
Jeanne Bynum Hipes opened Hipes Law
in Alpharetta (metro Atlanta), Ga., in July
2008. Hipes Law (www.HipesLaw.com)
consists of four seasoned trial lawyers who
focus on the representation of business
executives and professionals in disputes
involving employment and commercial
business matters.
Sarah P. Clement is an administrative
judge with the U.S. Merit Systems
Protection Board in Alexandria, Va. She
still sees Joanne Schehl 84 and Kathleen
Nilles 85, who also live and work in the
D.C.-area.
Clements work involves adjudicating
employment appeals of Federal employees.
She reports that the work is very
interesting, involving lots of human
interest stories.
Jory Hingson Fisher is a certified life and
career management coach in Lynchburg,
Va. (www.joryfishercoaching.com) Jory also
practices law part-time as a child advocate
and as a collaborative family practice
attorney.
68 | UVA Lawyer FAll 2009
Mark Mamantov has
been named as one of
the 101 most
influential people in
commercial real estate
in Tennessee by
BusinessTN magazine.
The magazine has
named him one of the best lawyers in the
state of Tennessee every year since 2004,
and has recognized him as one of
Tennessees leaders in commercial real
estate since 2007.
Winsor Schmidt LL.M. has been
appointed Endowed Chair/Distinguished
Scholar in Urban Health Policy at the
University of Louisville. He is also
professor of psychiatry and behavioral
sciences, and professor of family and
geriatric medicine, at the Universitys
School of Medicine, and professor of
health management and systems sciences,
at the Universitys School of Public Health
and Information Sciences. Schmidt was
previously professor of health policy and
administration, and chair, Department
of Health Policy and Administration, at
Washington State University.
Bill Stuntz reports that in the spring of
2008 he was diagnosed with advanced-
stage cancer. So far, his treatment is
going well. Stuntz is on the law faculty at
Harvard University.
John Weltman continues his practice as
a commercial litigator, handling business,
real estate, and art-related disputes across
the U.S. and abroad. He recently won an
international arbitration involving burn
unit facilities for oil workers in Algeria and
is now handling a hedge fund partnership
dispute with mediation in London.
Weltman writes that he and his
husband, Cliff, were one of the first gay
couples in the country to have children
through surrogacy. Shortly following the
birth of his second son, Weltman founded
a surrogate parenting agency, now called
Circle Surrogacy, to help other couples
and singles, both gay and straight, have
children through surrogacy and egg
donation. Circle Surrogacy has had about
300 children born through its program and
expects another 100 or so this year. Last
year alone, the agency was featured in the
New York Times, the Wall Street Journal,
the front cover of Newsweek, the London
Times, CNN, and many other magazines,
newspapers, radio stations, and television
programs worldwide. Circle Surrogacy
has clients from nearly 40 countries and
has been growing even in this time of
economic crisis.
1985 Reunion Year
Paul A. Lombardo and his research on
state-sponsored sterilizations were the
focus of a full-length cover story in USA
Today on June 24.
For nearly 30 years Lombardo
has delved into the facts involved in
the Buck v. Bell case in which the U.S.
Supreme Court ruled it was legal for
the State of Virginia to order the tubal
ligation of Carrie Buck because she was
deemed feeble minded. His book, Three
Generations, No Imbeciles, published in
2008, presents his careful research on Buck,
the first victim of a 1924 sterilization law,
and the history of eugenics in the United
States.
Lombardo is professor of law at
Georgia State Universitys College of Law,
where he teaches courses in the history of
bioethics, genetics and the law, and mental
health law and legal regulation of human
research.
Andrew J. Morris has joined the
Washington, D.C., office of Carr
Maloney, where he focuses his practice
on commercial litigation and government
investigations with emphasis on high-
stakes disputes involving financial
reporting, professional liability, securities
fraud, and corporate governance. He was
previously with Mayer Brown.

Christine Thomson
has been selected for
inclusion in Best
Lawyers in America
2010. Thomson is in
the Charlottesville
office of Michie
Hamlett Lowry
Rasmussen & Tweel, where her practice
focuses on medical malpractice. She also
represents plaintiffs in products liability
and other personal injury actions and legal
malpractice in handling medical cases.
Joyce White Vance was nominated by
President Barack Obama and approved
by the Senate Judiciary Committee for
U.S. Attorney for the Northern District
of Alabama. Vance has been with the U.S.
attorneys office in Birmingham since 1991
and served as chief of its appellate division
for four years.
1986
William W. Eigner has been selected by
his peers as a top attorney in San Diego
County, Calif., in the area of corporate
transactions, as featured in the San Diego
Daily Transcript. Eigner is a partner in the
San Diego-based firm of Procopio, Cory,
Hargreaves & Savitch.
Liz Espin Stern travels a good deal and
enjoys her global practice in immigration
law at Baker & McKenzie in Washington,
D.C. Time flies, she says, noting that
her children, Alex and David, are 15 and
10. She reports that she and her husband,
Michael, are really enjoying this period in
their lives.
Richard A. Mills has been selected for
inclusion in Best Lawyers in America 2010
in the area of education law. He was also
listed in Connecticut Super Lawyers in the
area of employment and labor law. He is a
partner in the Hartford office of Shipman
& Goodwin.
William M. Ragland,
Jr., has been named to
the first-ever IAM
250 The Worlds
Leading Strategists. The
list, compiled by
Intellectual Asset
Management magazine,
recognizes the worlds top 250 attorneys,
financiers, and consultants who work with
intellectual property owners to increase the
value of their IP portfolios. Ragland is in the
Atlanta, Ga., office of Womble Carlyle
Sandridge & Rice, where he focuses his
practice on complex business litigation,
intellectual property litigation, and licensing
and technology matters.
1987
Tom Angelos firm, Angelo & Banta, was
highlighted in a July 6 article in the Wall
Street Journal entitled, Midsize Law Firms
Pick Up Clients as Companies Turn From
Pricey Giants. The piece reported on how
the current economic crunch has sent
some hard-hit businesses to seek smaller
law firms for legal work. AutoNation Inc.,
the largest car dealership chain in the U.S.,
hired Angelo & Banta to handle the legal
work for the companys move across town.
Angelo was listed among the Legal Elite
in Florida Trend Magazine for 2009 and is
listed among South Floridas Top Lawyers
in Real Estate and Corporate Law for 2009
in South Florida Legal Guide. He was also
selected for the list of Florida Super Lawyers
in the area of real estate.
Joseph Baker is president of the Medicare
Rights Center, a national nonprofit
consumer organization that works to
ensure access to affordable health care for
older adults and people with disabilities
through counseling, education programs,
and public policy initiatives. He was
deputy secretary for health and human
services in New York Governor David
Patersons administration and assistant
deputy secretary for health and human
Class
Notes
services in Eliot Spitzers administration.
Baker previously served as executive vice
president of the Medicare Rights Center
from 1994-2001.
Craig Fishman continues to work in
the financial markets department in
the Washington, D.C., office of Orrick
Herrington. He still runs and enjoys free
time with his wife, Shari, and playing with
his son, Jamie (7).
Kim Michele Keenan was sworn in as
the newest president of the D.C. Bar at
its annual business meeting and awards
dinner on June 25. Keenan is the principal
of the Keenan Firm, where her practice
focuses on complex medical malpractice
litigation and litigation consulting. She
was listed among Washington, D.C.
Super Lawyers. She was also listed as
one of the Top 50 Women Washington,
D.C. Super Lawyers and as top lawyer by
Washingtonian Magazine.
In January Neil McKittrick became one of
the founding shareholders in the Boston
office of Ogletree, Deakins, Nash, Smoak &
Stewart, a national labor, employment, and
litigation firm with 35 offices in the U.S.
Previously McKittrick had been a director
of Goulston & Storrs for seven years and,
before that, a partner at Hill & Barlow.
R. Hewitt Pate was tapped by Chevron to
become its general counsel. Pate had been
global competition group head in Hunton
& Williams Washington, D.C. office, after
serving as head of the Department of
Justices antitrust division.
Samuel B. Sterrett, Jr., has joined Blank
Rome as partner in the mergers &
acquisitions and private equity group in
the firms Washington, D.C., office. He was
formerly with Foley & Lardner.
Benjamin Webster has joined Littler
Mendelson as managing shareholder in the
Sacramento, Calif., office, where his practice
UVA Lawyer Fall 2009 | 69
Class
Notes

Lewis 89 is Ebony Unsung Hero

Dr. Shireen Lewis 89 received an Unsung Hero award from
Ebony magazine, for making a difference for children, schools, and
communities. Lewis is the executive director of EduSeed and founder
of its SisterMentors program, based in Washington, D.C.
Lewis career includes almost 30 years of mentoring and
coaching women and girls. Through SisterMentors, Lewis has helped
32 women of color earn doctorates and two groups of girls of color
get into college, including to Duke University, Goucher College,
and Bates College. Many of the women graduates now serve roles
in communities in the U.S. and abroad, including as leaders of
nonprofits and professors at universities.
The impetus for my work, said Lewis, is my experience
attending the first school in my village in Trinidad and Tobago. It was
there that I was mentored by a young woman teacher when I was
quite young. That mentoring relationship profoundly changed my
life and boosted my self esteem to such an extent that I went on to
excel in college, earn a law degree, and a Ph.D.
SisterMentors women and girls are African Americans, Latinas,
Asian Americans and immigrants. The program helps doctoral
candidates to complete their dissertations and get their doctorates.
The women in turn, while in the program, give back by mentoring
girls of color from disadvantaged backgrounds, inspiring girls to stay
in school, do well and go to college. They serve as role models for
women of color who have achieved academic success despite the
odds.
This spring, Lewis brought a group of elementary, middle, and
high schools students from the Washington, D.C.-area to spend two
days at the University.

SISTERMENTORS VISIT CHARLOTTESVILLE

By Shireen Lewis 89

An awesome man, said one of the girls in describing University

President John Casteen, who took time out of his busy schedule to
meet with 23 girls taking part in the SisterMentors program. The
girls sat in President Casteens office as he talked about Thomas
Jefferson and his vision for the university. He explained that
students from all over the world attend the University, and shared
that he had recently returned from a trip to China where he met
with parents of students.
The girls were comfortable enough to ask questions one
wanted to know if there are equestrian events at the University,
while another asked if the University has a particular specialty
to which the president said most students undertake arts and
sciences courses. The president shared a story about his daughter,
who graduated from UVA in five years with a bachelors degree
and a degree in teaching.
One of the last questions asked was why one should choose
UVA. The president said that first-year students would find an
interesting mix of people and would have fun doing so. At the
end of the meeting, President Casteen presented the girls with Girl
Scout cookies as they presented him with a thank you gift.
Attending Classes
On the second day of their visit, the group attended classes in
international relations, drama and theatre, and sociology. They
even attended a science class designed specifically for them
learning to make ice cream using liquid nitrogen. In addition to
the arts and sciences courses, the girls attended a law class with
Professor Darryl Brown 90.
The Law School Through Young Eyes
The visit to the Law School was special for the girls, as many
of the younger students want to be lawyers. Professor Brown
designed and taught a criminal law class for them. Like law
students, the girls sat in a classroom to read a case and examine
a statute. They were thrilled as they responded to questions on a
criminal case used with first-years, Martin v. State. Brown asked
the students to identify the plaintiff and defendant, the type of
case, and where the case was in the court system. The group then
analyzed the statute under which the defendant was convicted.

70 | UVA Lawyer FAll 2009


will focus on labor and employment. Webster
had been with Pillsbury Winthrop Shaw
Pittman for 21 years.
Irene Daisy Williams, aka author Treva
Harte, was featured in the style section
of the Washington Post on June 28. The
article traces her journey from U.S. Patent
and Trademark Office attorney to novelist,
editor-in-chief, and co-owner of Loose Id,
an e-publishing company that specializes
in romance laced with paranormal events.
Williams co-founded the company
in 2004 after a frustrating experience
getting her first digital novel published.
She streamlines the publishing process
and revels in taking on titles that more
established publishers would probably
turn away. She runs the thriving company
(more than 1 million books sold, most
online) from her home in Falls Church, Va.
1988
John M. Cooper has
been appointed as
designated legal
counsel for the
Transportation
Communications
International Union.
Cooper is in the
Virginia Beach office of Shapiro, Cooper,
Lewis & Appleton, where he focuses his
practice exclusively on personal injury and
wrongful death cases, primarily on behalf
of railroad industry employees under the
Federal Employers Liability Act.
Richard Forsten has joined Saul Ewing
as partner in the firms Wilmington,
Del., office, where he focuses his practice
in the areas of land use and land use
litigation and commercial and real estate
transactions and litigation.
Michael Kun is the national chairperson
for Epstein, Becker and Greens wage-
hour and class action practice. He lives in
Los Angeles with his wife, Amy, and their
3-year-old daughter, Paige. He is working
on a new novel and a childrens book.
In September Colleen
Marea Quinn moved
her adoption,
surrogacy, and
personal injury law
practice to Locke,
Partin, DeBoer &
Quinn. She was
selected by Virginia Super Lawyers
magazine as one of the class of 2009
leaders in the law. Her practice (including
the Adoption & Surrogacy Law Center and
Womens Injury Law Center) was a finalist
for the Altria Rising Star Award in June
2009 at the Richmond National
Association of Women Business Owners
Enterprising Women of Excellence Awards.
Matt Myers and his wife, Daisy, recently
began their second tour as a diplomatic
family. Matt retired from the U.S. Army
JAG Corps in June 2007, served a tour
of duty as a diplomat in Ciudad Juarez,
Mexico, and is now a consular officer at the
U.S. Embassy in Manila, Republic of the
Philippines.
1989
Elissa Cadish was appointed as a district
judge in Las Vegas, Nev., in the summer of
2007. She successfully ran to retain her seat
in 2008 and began serving a six-year term
in January 2009. She now handles civil and
criminal cases of all kinds.
In November Joan Cohen successfully
ran for a seat in the Maine House of
Representatives. In December her husband,
Jim, retired after 6 years on the Portland
City Council, including a term as mayor.
On winter weekends, Cohen and her
husband ski at Sugarloaf with their two
sons, Spencer (12) and Devon (8).
Class
Notes
Leo Kane works at the Financial Industry
Regulatory Authority - Enforcement to
protect retirement accounts. He lives in
Bethesda, Md., with his wife, Carol, and
three daughters, Elise (12), Julia (10), and
Lauren (8).
Willis Lanier has completed a judicial
clerkship for the Virginia Court of Appeals,
and has worked in the private sector as a
corporate in-house counsel. He is happily
married with four children. He enjoys
environmental activism and is interested in
all that life has to offer.
1990 Reunion Year
Mary Bauer was
recently named the
legal director for the
Southern Poverty Law
Center in Montgomery,
Ala. She will guide the
course of SPLCs legal
advocacy, including
litigation in state and federal courts, public
policy advocacy, and legislative reform.
Bauer has directed the Centers Immigrant
Justice Project since it began in 2004,
overseeing lawsuits aimed at protecting the
rights of migrant workers, immigrants, and
foreign guest workers. She has served as
legal director for the Virginia Justice Center
for Farm and Immigrant Workers and for
the Virginia ACLU and has testified before
Congress on issues concerning the
exploitation of migrant workers in the U.S.
1991
Matthew Pachman has been named to
the 2009 Attorneys Who Matter list by the
Ethisphere Institute, an international think
tank dedicated to creating and sharing best
practices in business ethics and corporate
social responsibility. The list recognizes
legal professionals who have advanced the
cause of corporate ethics and compliance
inside and outside their organizations.
UVA Lawyer Fall 2009 | 71
Class
Notes
Pachman is vice president for ethics
and compliance at Freddie Mac in the
corporations McLean, Va., office.
Ken Paxton was re-elected to the Texas
House of Representatives in November 2008
and recently completed his fourth legislative
session. He currently serves on the ways and
means committee and the house land and
resource management committee. Paxton
also operates a private practice, specializing
in estate planning, probate, real estate, and
general business matters. He and his wife,
Angela, and their four children currently
reside in McKinney.
1992
Patrick Jackman has joined the
international tax practice at Weil Gotshal
& Manges as partner in the New York
office. Jackman was previously with
Merrill Lynch, where he concentrated on
improving the tax efficiency of cross-
border operations.
Paul G. Lannon, Jr., has been appointed
chair of the board of editors of the Boston
Bar associations publication, the Boston Bar
Journal. The quarterly magazine features
news, analysis, and opinion for lawyers
in nearly every area of practice. During
his three-year term, Lannon will lead the
board in selecting and editing articles for
publication. He is a partner in the litigation
section of Holland & Knight.
Kay Lynn (Vincent)
Brumbaugh has been
recognized as one of
the top 15 business
defense lawyers in
Dallas in The
Defenders, a
publication of the
Dallas Business Journal. She has also been
listed as a leading antitrust lawyer in Texas
by Chambers USA, Americas Leading
Lawyers for Business in 200709.
Brumbaugh is a partner in the Dallas office
72 | UVA Lawyer FAll 2009
of Andrews Kurth, where she focuses on
the areas of antitrust litigation and
counseling, class actions, and other
complex commercial and business
litigation matters.
1993
Amy Y. Jenkins has
been named one of the
top attorneys in South
Carolina by South
Carolina Super Lawyers
magazine. She was also
selected for inclusion
in the 2009 and 2010
editions of Best Lawyers in America.
Jenkins is in the Charleston office of
McAngus Goudelock & Courie, where
employment law is the focus of her
practice.
Robert J. Schmidt, Jr., has been recognized
by Chambers USA 2009 as one of Ohios
leading lawyers in the area of natural
resources and the environment. He
is listed in Best Lawyers in America
in environmental law and has been
recognized as an Ohio rising star by Ohio
Super Lawyers. He represents clients in all
major environmental programs, including
the Clean Water Act, the Clean Air Act,
emergency planning, Superfund sites, solid
and hazardous waste, and agricultural
issues. Schmidt is in the Columbus office
of Porter Wright Morris & Arthur.
Wendy Silliman is a partner in the real
estate section of Troutman Sanders in
Atlanta, Ga., where her practice centers
primarily on cellular communications. She
is married to R. Todd Silliman, who is a
partner in the environmental section of
McKenna Long & Aldridge. They have two
children.
Shane Shepard Cobb is general counsel of
Circle, a private hospital group in the U.K.
Stephanie 94 is general counsel of the
investment firm New Amsterdam Capital
Management. The couple lives in London
with their three children, Zoe (8), Liesel
(6), and Atticus (4).
1994
Fran Cannon Slaytons recent book, When
the Whistle Blows (Philomel Books/Penguin,
June 2009), has been voted one of the top
ten recommended childrens books for fall
by independent booksellers. Visit Fran at
www.FranCannonSlayton.com.
Amelia A. Fogleman
has been included in
Best Lawyers in
America 2010 in the
areas of antitrust law,
appellate law, and
commercial litigation
law. She is a
shareholder with GableGotwals in the
Tulsa, Okla., office.
Stephanie Shepard Cobb is general
counsel of the investment firm, New
Amsterdam Capital Management, in
London, where she lives with her husband,
Shane 93, and their three children, Zoe
(8), Liesel (6), and Atticus (4). Shane is
general counsel of Circle, a private hospital
group in the UK.
Richard L. Winston has been recognized
as a leading U.S. international tax lawyer
in the 2009 edition of Chambers Global:
The Worlds Leading Lawyers for Business.
Winston is a partner with K&L Gates in the
WANTED:
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Contact Helen M. Snyder 87
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Miami, Fla., office, where his international
tax practice focuses mainly on Europe and
Latin America.
1995 Reunion Year
In March Trey Cox
tried and won a
trademark case on
behalf of Mary Kay.
After a two-week trial,
the jury found in his
clients favor on all
counts, finding
trademark infringement and willfulness,
and forfeiting the defendants profits for
the past three years.
Cox has recently been honored with
an invitation to join the Litigation Counsel
of America, a trial lawyer honorary society
representing less than one-half of one
percent of American lawyers. He has also
been recognized in Chambers USA 2009
as a leading lawyer in general commercial
litigation. He is in the Dallas, Tex., office
of Lynn Tillotson Pinker & Cox, where his
practice focuses on business disputes.
J. Travis Laster has been nominated
by Delaware Governor Jack Markell to
serve as Vice Chancellor on Delawares
Court of Chancery. Laster practices in
the Wilmington, Del., office of Abrams
& Laster, a corporate and business law
boutique firm he co-founded in 2005.
Anne H. Littlefield has been selected
for inclusion in Best Lawyers in America
2010 in the area of education law. She is a
partner and current chair of the labor and
employment department in the Hartford
office of Shipman & Goodwin.
Shannon Nash and her husband were
featured in a Black Enterprise magazine
article on their familys approach to
financial matters.
Amy Tisinger was recently sworn in as
the newest judge on the 26th General
District Court. She was selected by the
Virginia General Assembly, becoming
the first woman to sit on the 26th district
bench, and will serve a six-year term.
She previously served as the Shenandoah
County Assistant Commonwealth Attorney.
Peter S. Vincent has
been appointed
principal legal advisor
for U.S. Immigration
and Customs
Enforcement (ICE),
U.S. Department of
Homeland Security. In
this position, he oversees the largest legal
program in DHS, supervising nearly 1,000
attorneys across the country who are
responsible for representing ICE in
removal proceedings before immigration
courts and the Board of Immigration
Appeals. He also advises ICEs numerous
enforcement components on issues
ranging from customs law to Fourth
Amendment search and seizure issues.
Vincent previously served as the judicial
attach at the U.S. Embassy in Bogot,
Colombia.
1996
Cory C. Caouette has been appointed to
the board of governors of the American
Immigration Lawyers Association and
continues to manage his own Southern
California immigration practice. He
was instrumental in founding By Sea
Immigration Services in 2002, and has
represented clients from more than 40
countries in immigration matters. His
clients include sole proprietors, athletes,
entertainers, business investors, Fortune
500 companies, and corporate executives.
Catherine 04 has returned to the
employment and labor division of Paul,
Hastings, Janofsky & Walker in San Diego
following maternity leave after the birth of
their son, Kieran.
Class
Notes
Kathleen Grillo is senior vice president
of federal regulatory affairs for Verizon,
becoming the companys main advocate
on policy issues before the Federal
Communications Commission. She joined
Verizon in 2002 as counsel in the legal
departments federal regulatory group and
became vice president of federal regulatory
affairs in 2003.
Gregory L. Maurer recently spoke at the
Indian Institute of Science in Bangalore on
The Global Future of Software Patents.
He is a partner in the Portland, Ore.,
office of Klarquist Sparkman, where his
practice focuses on computer-related and
bioinformatics patent applications and
business methods and intellectual property
counseling.
Erik Petersen and his wife, Andrea, welcomed
their daughter, Marley Joan Petersen (9 lbs.,
10 oz.), into the world on July 14. Mother and
daughter are doing fine.
Mark H. Vacha recently gave a presentation
entitled The Current U.S. Economy and
Its Impact on Local Government at the
Government Finance Officers Association
of Pennsylvanias east regional chapter
meeting in Villanova. In July he presented
a talk entitled Bedrock Tools - Bonds
and the Basics at a seminar in Allentown
organized by the Pennsylvania State
Association of Township Supervisors and
the Council of Development Finance
Agencies on the fundamentals of economic
development. Vacha is a partner in the
public finance group of Dilworth Paxson
in Philadelphia.
UVA Lawyer Fall 2009 | 73
Class
Notes
1997
Kate Henderson Day and Jonathan Day 99
welcomed their second child, Charles Clark
Day, in January. Charlie joined his big
sister, Molly (3), for fun and games in
Houston, where the Days live and work.
Kate is a finance partner at Bracewell &
Giuliani, and July marked the two-year
anniversary of Jonathans litigation and
general practice firm, Day PLLC (www.
daypllc.com).
Kevin W. Holt has been selected for
inclusion in Virginia Super Lawyers and
named a rising star by Law & Politics
magazine in the area of business litigation.
He is a partner with Gentry Locke Rakes &
Moore in the Roanoke office.
A group of alums gathered at Marylou Brown Houstons house in July in Denver, Colo., for a summer
BBQ. Pictured: Front Row: Charlie May (2), Craig May 98, Harris May (4, in lap), Davis Long (holding
bat, 4), Magnus Houston (holding glove, 4) Second Row: Katie van Heuven 99, Ryan Ritacco (3),
Ann Ayers 98, Tate Ritacco (1), Coates Lear 98, Valerie Long 98, Don Long 97, Davis Long (7)
Back row: Marylou Houston 98, Wyatt Houston (1)
74 | UVA Lawyer FAll 2009
Jennifer Morgan DelMonico was recently
elected as the secretary and general
counsel of the Greater New Haven (Conn.)
Chamber of Commerce. She has served
on the Chambers board of directors since
2005. She is a partner at Murtha Cullina in
New Haven.
Heather Podesta was recently included
in the National Law Journals list of 40
lawyers under 40 in the Washington,
D.C., area who are expected to play a
major role in the nations capital in the
years to come. Editors with the National
Law Journal made their selections based
on reporting and nominations. Podesta
is head of Heather Podesta + Partners,
which lobbies on key Congressional
issues, including climate change, financial
regulatory reform, economic stimulus, and
health care reform. She started her firm in
2007 and already represents well-known
corporations, including U.S. Steel and Eli
Lilly & Co.
Melissa Roberts Tannery and her
husband, Joe, proudly announce the birth
of their daughter, Hollis Sterling Tannery.
She joins big brother, Austin (5). Melissa
the best business lawyers in Dallas, Tex.,
is of counsel with Troutman Sanders in
Richmond, Va., where her practice focuses
on pharmaceutical and medical device
products liability litigation. Melissa is
currently the chair of the Defense Research
Institutes Young Lawyers Committee,
which has over 4,000 members nationwide.
Glenn Saks was
recently interviewed on
National Public Radios
Marketplace report and
on WLRNs Miami
Herald News about the
mortgage foreclosure
crisis and how it
impacts tenants. He is of counsel in the
Miami, Fla., office of Assouline & Berlowe.
1998
Ann Ayers reports that a group of
alums all greatly missing, inter alia,
their close friend, Ned Scharfenberg
gathered at Marylou Brown Houstons
house in Denver, Colo., in July for a
summer barbecue.
In May David Chung was sworn in as chair
for the Commission on Asian and Pacific
Islander Affairs. The organizations mission
is to ensure that health, education,
employment, social services, business
information, and programs and services
are available for the Asian and Pacific
Islander community in the District of
Columbia.
Earsa Jackson has been named among
in the area of franchise and development

by D magazine. She was also recently
recognized as a leading franchise lawyer in
the sixth annual Legal Eagle poll conducted
by Franchise Times. She is a partner with
Strasburger and Price in the firms Dallas
office, where she leads the franchise and
distribution group.
Jeff Kreislers first book, the satire Get Rich
Cheating, was published by Harper Collins
in June. He misses his Law School friends
and lives in New York City. (See In Print)
1999
Carlos Brown and his wife, Tamara,
welcomed a new daughter, Chelsea Joanne,
in September 2008. Carlos recently ran for
a seat in the Virginia House of Delegates.
In March Jody Calemine was named
general counsel, handling labor issues for
the U.S. House Committee on Education
and Labor. He previously served as the
Committees Deputy Director for Labor
Policy. He and his wife, Daria, welcomed
their first child, Annabella, in March 2007.
Stephanie Chandler
has been named a 2009
rising star in Texas
Monthly magazine. She
is a partner in the
intellectual property,
energy, finance,
corporate and
securities, telecommuni-cations, life
sciences and medical technology,
internet/e-commerce, and technology
practice areas in the San Antonio office of
Jackson Walker.
Jonathan Day and Kate Henderson
Day 97 welcomed their second child,
Charles Clark Day, in January. Charlie
joined his big sister, Molly (3), for fun and
games in Houston, where the Days live and
work. Kate is a finance partner at Bracewell
& Giuliani, and July marked the two-year
anniversary of Jonathans litigation and
general practice firm, Day PLLC (www.
daypllc.com).
Darren Dragovich and Parker Whitfield
Dragovich welcomed their first son,
Josiah Charles, in November, joining his
two big sisters, Reese and Sydney. Darren
serves as counsel at Western Union and
Parker practices at Holland & Hart in
Englewood, Colo.
In November 2008 Kathleen Evey Walters
was asked by the Department of the Treasury
to assist in developing a compliance
program for the Troubled Asset Relief
Program. After completing her temporary
assignment at Treasury in April, she
returned to the IRS, where she serves as
the director of privacy and information
protection. In March she was selected to be
a member of the Senior Executive Service,
becoming one of the youngest career
executives in the federal government. She
lives in Northern Virginia with her two
Cavalier King Charles Spaniels, Katie and
Charlie.
The American Constitution Society
for Law and Policy has given the first
David Carliner Public Interest Award to
Tim Freilich, the legal director of the
Charlottesville-based Immigrant Advocacy
Program (IAP). The award honors mid-
career public interest lawyers who do
advocacy work for marginalized people.
During Freilichs time with the IAP, he has
served as co-counsel on a class action suit
on behalf of Hispanic workers brought
to America to plant trees under the H-2B
work visa program, and helped promote
immigrant-friendly policies.
Thomas Funke LL.M. is a partner in the
Cologne, Germany office of Osborne
Clarke, where he is head of the department
for antitrust & EU law. Thomas, his wife,
Alexa, and their son, Jonathan, live in
Cologne.
Class
Notes
Stanley Panikowski was selected by San
Diego Metropolitan magazine as one of
its 40 Under 40 honorees for 2009,
recognizing him as one of the brightest
and most enterprising young people in San
Diego County. Panikowski is a partner
in the San Diego office of DLA Piper,
where his practice focuses on intellectual
property, antitrust, and other areas of
business litigation.
Sali and Michael Rakower are happy to
announce the birth of their daughter,
Rebecca Brooke Rakower, on August 11.
Kelly Riordan Horwitz was elected to the
Tuscaloosa, Ala., Board of Education for
a four-year term beginning in November.
Kelly recently was admitted to the Alabama
Bar and continues to work part-time,
telecommuting as an appellate litigator for
Benedon and Serlin of Woodland Hills,
Calif. She and her husband, Paul, had a
son, Isaac, on November 28, 2008. He was
welcomed by his older sister, Samantha.
Riley H. Ross III was elected to the
board of directors of the newly formed
Pennsylvania Innocence Project (PIP),
an organization dedicated to exonerating
persons imprisoned in Pennsylvania
for crimes they did not commit. This is
the first innocence project launched in
Pennsylvania. Since the first innocence
project was founded in New York in 1992,
more than 400 individuals serving long
prison sentences have been exonerated
based on DNA analysis. In many of these
cases, the exoneration led to the capture of
the actual perpetrator. The PIP will operate
UVA Lawyer Fall 2009 | 75
Class
Notes

Rakower 99 Directs New West Point Center

By Rebecca Barns

A few years ago, Sali A. Rakower 99 co-judged a moot court Centers grand opening. Military and judicial experts, economists,
competition at the Law School with Brig. Gen. Patrick Finnegan 79, and world leaders addressed a range of issues, including national
the dean of the academic board at West Point. For Rakower, this first security, international relations, and criminal justice. U.S. Attorney
connection to West Point was an auspicious one. While practicing General Eric Holder, President Mary Robinson of Ireland, former U.S.
at White & Case and lecturing at West Point, Rakower was asked Navy General Counsel Alberto Mora, and Her Majesty Queen Noor
to become the director of the schools new Center for the Rule of of Jordan were among the keynote speakers.
Law. She did not hesitate. I jumped at the chance to be part of Queen Noor described the importance of the rule of law
this historic Center whose mission is so much in line with my own in securing international peace, and told how her own life has
passions, she says. been a journey that bridges two worlds. Her story has personal
meaning for Rakower, who was born
in the Middle East then raised and
educated in the United States. She says
she knows what it means to traverse
sometimes conflicting cultures and
worldviews and learn to harmonize
the best from both worlds.
Its a profound honor for me to
be the Centers first director, says
Rakower, whose background as an
Iraqi-American and opportunities
for world travel have given her an
invaluable perspective on how the
rule of law can impact domestic and
international affairs. In 2002 she served
in the prosecutors office of the U.N.
International Criminal Tribunal for
Sali Rakower 99 and Her Majesty Queen Noor of Jordan at West Point before the Queens address on the Rwanda in Tanzania, where she assisted
importance of the rule of law in securing international peace.
in prosecuting Rwandan military leaders
for acts of genocide committed in 1994.
The West Point Center for the Rule of Law, the first of its kind As director, Rakower would like to see the Center have a strong
in U.S. history, was established in 2008 to promote international influence in shaping U.S. domestic and foreign policy and continue
justice, human rights, and respect for the rule of law in times of war to provide a wealth of learning opportunities for West Point cadets.
and peace. Its location at an institution renowned for academics As her first year comes to a close, she has been asked to continue in
and military leadership sends a signal that the United States takes a her role as Director an extension she would be happy to accept if
major role in establishing respect for the rule of law everywhere. the funding for her position is secured.
Issues involving the rule of law U.S. policy on torture, debate While at the Center, Rakower is on sabbatical from White &
about what exactly defines torture, and the decision to close the Case, where her practice focuses on complex litigation involving
detention facility at Guantanamo Bay, to name just a few are international law.
among the most hotly debated topics of our time. A significant
component of the Centers mission is to educate military and non-
military leaders in principles of the rule of law as they apply to the
military justice system and civil-military relations.
In April Rakower facilitated a conference to celebrate the

76 | UVA Lawyer FAll 2009


out of Temple Universitys Beasley School
of Law. Ross is in the Philadelphia office of
Drinker Biddle & Reath.
Anthony M. Russell has been selected for
inclusion in Virginia Super Lawyers and
was named a rising star by Law & Politics
magazine in the areas of personal injury
and medical malpractice. He is a partner
with Gentry Locke Rakes & Moore in the
Roanoke office.
Johanna W. Schneider has been accredited
by the U.S. Green Building Council as
a LEED (Leadership in Energy and
Environmental Design) Green Associate.
She is one of the first attorneys in the U.S.
to earn this designation, which required
her to demonstrate thorough knowledge
of green building design, construction,
and operations, and an understanding of
the complex LEED certification system.
Schneider is a partner in the Boston, Mass.,
office of Choate, Hall & Stewart.
2000 Reunion Year
Amy Ashton Shaw is an associate in the
Cincinnati, Ohio, office of Griffin Fletcher
& Herndon, a real estate boutique firm.
Her practice focuses on commercial real
estate, construction, development, and
business entity formation.
Erica Bachmann and Andrew Cerminara
were married on April 18 in Pizzo Calabro
(VV), Italy. In attendance at the wedding
were matron of honor Elizabeth Kinsaul
Dugas 01, Jason Dugas 01, Ryan Farney,
Steven Geiszler 01, and Kathleen Evey
Walters 99. After their Italian wedding
and a honeymoon in Greece and Turkey,
the newlyweds held a U.S. reception on
May 30 in Dallas, where they reside.
Attending the Dallas reception were Toni
Thomas Bacon, Steven Geiszler 01,
Cortland Kelly Grynwald 99, Jason
Metcalf, Michael Moore, Karen Randolph
Rogers 99, and Kathleen Evey Walters 99.
Ryan Clinton has been named a rising star
for 2009 in Texas Monthly magazine. He is
in the Dallas office of Hankinson Levinger.
David F. Gieg moved from Atlanta, Ga.,
to Charleston, S.C., in May 2008. He is
at Parker Poe Adams & Bernstein in the
business law group with a focus on resort,
hospitality, and planned developments. He has
two daughters, Kate (4) and Lindsey (2).
Robert D. Probasco has been named
a rising star for 2009 by Texas Monthly
magazine. He is a partner in the Dallas
office of Thompson & Knight, where he
focuses his practice on IRS audits and
appeals and tax litigation.
2001
David Bell and his wife, Elizabeth, are
pleased to announce the birth of their son,
Andrew Joseph (AJ) Bell on February 14.
Two-year-old Charlotte is excited to be a
big sister. David was recently promoted
to counsel at Crowell & Moring in
Washington, D.C., where hes a litigator in
the international dispute resolution and
E-discovery & information management
groups.
Stephanie Golden and Eric Menell proudly
welcomed a son, Jake Golden Menell, in
July of 2008.
Andrew H. Lippstone has joined Saul
Ewing in the firms Wilmington, Del.,
office, where he focuses on land use
and real estate, as well as transactional
work and litigation relating to Delaware
corporate law.
Class
Notes
David Stuckey has recently been made a
senior consultant for expatriate placement
at Hudson Legal in emerging Europe,
with regional responsibility across Central
and Eastern Europe. He has been asked to
spearhead the companys expansion into
Latin America.
2002
Daniel Brozost has
been named partner at
Raines Law Group in
the firms Beverly Hills,
Calif., office, where he
focuses his practice on
commercial real estate,
finance and corporate
matters.
Earlier this year, Padraic Fennelly left
his position as a litigation partner in the
Washington, D.C., office of Kirkland &
Ellis to accept a position as counsel for
global law affairs at the Boeing Company.
Padraic and his wife, Robin, live in
Arlington, Va., with their two children,
Caitlin (10) and Ryan (8).
Adam Green recently co-founded the
Progressive Change Campaign Committee
(see Boldprogressives.org) to help
progressive Congressional candidates run
effective campaigns and win. The PCCC
has been featured in the New York Times,
Politico, MSNBC, ABC, and the Huffington
Post. The organization has been praised by
elected members of Congress, including
Charlottesvilles U.S. Representative, Tom
Perriello.
Eric Magnell and his wife, Stephanie
03, welcomed Clara Christina Nicole
(5lbs., 13oz.) and Elise Sophia Theresa
(6lbs., 7oz.) on February 15. All are doing
fine and are looking forward to more
sleep in the coming months.
UVA Lawyer Fall 2009 | 77
Class
Notes
Najwa Nabti Russo sends news that Paulus
Russo was born August 13, weighing in
at 3.2 kilograms. Baby, mom, and dad are
doing well and thank everyone for all their
good wishes and prayers.
Michael L. Whitlock just celebrated his
first wedding anniversary to Monica
V.M. Arc-Whitlock. Michael, a federal
prosecutor with the United States
Department of Justice, and Monica live in
Arlington, Va.
2003
In December Melissa B. Arbus will receive
a 2009 Women to Watch award from
Jewish Women International, a leading
organization committed to empowering
women and encouraging leadership. She
currently serves as an assistant to the
Solicitor General representing the United
States before the Supreme Court. She
previously worked at Latham & Watkins in
the firms Washington, D.C., office, as an
associate in the appellate practice group.
Andy Beshear and his wife, Britainy,
welcomed their first child, William Bradley
Beshear, who was born on June 15. William
(7 lbs, 1 oz.) is quite healthy. Thus far,
William enjoys eating, eating, and eating,
and has quickly and effectively altered his
parents daytime and nighttime schedules.
Andy is currently practicing at Stites &
Harbison in Louisville, Ky.
Stephanie Magnell and her husband,
Eric 02, welcomed Clara Christina Nicole
(5lbs., 13oz.) and Elise Sophia Theresa
(6lbs., 7oz.) on February 15. All are doing
fine and are looking forward to more
sleep in the coming months.
Yoshikazu Noma LL.M. and Ritsuko
Noma LL.M. 06, welcomed their first
son, Keitarou, on June 2. They thank their
LL.M. 03 and 06 friends for the warm
congratulations and lovely baby gifts. The
family lives in Tokyo, where Yoshikazu is
78 | UVA Lawyer FAll 2009
working as a partner at TMI Associates,
specializing in asset finance, project
finance, financial regulations, corporate
finance, and international business.
Karin Ottens Prangley recently joined the
law firm of Krasnow Saunders Cornblath in
Chicago. Her practice continues to focus on
wills, trusts, and estates.
On April 5 Stacey Rose Harris and
Daniel Harris were married at the Sixth
and I Historic Synagogue in Washington,
D.C. Stacey practices commercial and
civil litigation at DiMuroGinsberg
in Alexandria, Va. Daniel is a family
physician, and completed his residency
at Georgetown University in June. Lori
Hildebrand, Rebecca Brown, Alison
Keith, Whitney Smith Pellegrino,
Alexander Tuneski, and Heather Faltin 04
attended the festivities.
Craig D. Story has joined the J.P. Morgan
Private Bank in New York. He advises
attorneys on managing their assets, with
emphasis on investments, capital needs,
and trusts and estates. Previously, Craig
was an investment banker in the M&A
group at Citigroup in New York. He also
practiced law in the New York and London
offices of Skadden, Arps, Slate, Meagher
& Flom.
2004
Catherine Caouette has returned to the
employment and labor division of Paul,
Hastings, Janofsky & Walker in San Diego
following maternity leave after the birth of
son, Kieran.
Justin Dobbie and his wife, Mary Chris
Dobbie, welcomed their son, Jack, on
August 24, 2008. Justin is an attorney in
the Division of Corporation Finance of the
Securities and Exchange Commission, and
Mary Chris is an Assistant U.S. Attorney in
the District of Columbia.
Geoff Grindeland has been named a rising
star by Law & Politics magazine for 2009.
He is in the Seattle office of Mills Meyers
Swartling, where he focuses his practice
on civil litigation, including civil rights,
insurance coverage, business disputes, and
aviation law.
John Newby and his wife, Reba, welcomed
Jillian Grace Newby into the world on
February 9. Jillian weighed 7 lbs., 9 oz., and
measured 19.5 inches.
John is an associate at Arnold & Porter
in Washington, D.C.
John A. Sensing has joined Potter Anderson
& Corroon as an associate. He is in the
litigation group in the firms Wilmington,
Del., office, where he focuses his practice on
corporate and commercial litigation. He was
previously an associate at Morris, Nichols,
Arsht & Tunnell.
Sean S. Suder was
recently certified as a
LEED (Leadership in
Energy and
Environmental Design)
accredited professional
in new construction by
the Green Building
Certification Institute. Certification enables
him to advise real estate clients on the
regulations and requirements involved in
green building, helping them to navigate the
complex LEED certification process. He is
an attorney in the real estate group in the
Cincinnati, Ohio, office of Keating
Muething & Klekamp, where he is a
founding member of the firms Green Team.
Jeremy Sylestine was married on February
23, 2008, to Molly Ann Jorgensen in
Austin, Tex. Alba-Justina Secrist and
Steven Gieseler were both in attendance.
Jeremy has been with the Travis County
District Attorneys office for over two years,
and is currently assigned to the family
justice division, which handles prosecution
of felony-level child abuse and domestic
violence cases.
 Class
Notes

ALUMNI EVENTS

D.C. Luncheon
More than 100 alumni attended the annual D.C. Luncheon at
the Mayflower Hotel on June 24. As alumni enjoyed a light
lunch, Dean Mahoney introduced Professor John Harrison who
shared an outsiders inside view of the U.S. Department of State,
where he spent 2008 as a counselor on international law in the
Office of the Legal Adviser.

Richmond Reception
The annual Richmond Reception took place on June 11 at the
Jefferson Hotel. Alumni sampled hors doeuvres while catching
up with Law School friends. Dean Paul Mahoney addressed the
crowd of 40 regarding the current
news of the Law School and
answered questions.

D.C., from top right:

From Left: Scott Patrick 96, Professor John Harrison,
Lindsay Grinols Simmons 07, and Suzanne Dans 96
From Left: Tillman Breckenridge 01, Ryan Hartman 05,
Babak Djourabchi 01, and Monica Welt 01
From Left: Janet Schwitzer Nolan 89, Christine Hines 98,
and Elizabeth Leverage 92

Richmond, from left below:

From left: Patricia Merrill 92, Henry Chambers 91,
and Francine Mathews 97
Karen Elliott 86 talks with Calvin Thigpen 74
Photos by Laura Monroe

UVA Lawyer Fall 2009 | 79

Class
Notes
Kathryn Walter recently joined Goldberg
Kohn in the litigation, intellectual property,
and labor & employment practice groups
in the Chicago office, where she focuses
primarily on general commercial contract
and tort litigation. She served as clerk
to Judge Humphrey Lefkow of the U.S.
District Court for the Northern District of
Illinois and to Judge Richard D. Cudahy of
the U.S. Court of Appeals for the Seventh
Circuit.
Dara Zelnick Kesselheim and her husband,
Dr. Jared Adam Kesselheim, were overjoyed
to welcome their first child into the world
on July 22. Zachary Morton was born
at 9:52 p.m., weighing 9 lbs., 7 oz. and
measuring 20.5 inches. The whole family is
doing great, writes Dara. She is an associate
in the Boston, Mass., office of Choate Hall
& Stewart, where she focuses her practice
in the area of government enforcement and
compliance.
2005 Reunion Year
Andrew Crapol passed away on March
13 from cancer. He was an associate for
Debevoise & Plimpton, first in Washington,
D.C., and more recently in New York City,
where he resided. Andys family includes
his wife, Allison Simmons Crapol, parents
Edward Crapol and Jeanne Zeidler, sister
Heidi Crapol and brother-in-law Milam
Walters, sister Jennifer Sedbrook and
brother-in-law John Sedbrook, brother
Paul Crapol, and sister-in-law Kimberly
Simmons.
In recognition of the many friendships
Andy made as a member of the soccer
community and his love of the beautiful
game, a scholarship has been established
in his name at the College of William &
Mary Foundation. (www.AndyCrapol.com)
Meredith Crowell is an associate attorney
in the Tallahassee, Fla., office of Williams,
Gautier, Gwynn, DeLoach & Sorenson.
She is in the firms corporate compliance
80 | UVA Lawyer FAll 2009
group, where she focuses her practice on
providing regulatory and legal compliance
assistance to financial institutions.
Last year Kristin Johnson Aldred married
Booth Aldred, a medical student from
her hometown of Dallas, Tex. They live in
Houston, where Kristin is a trial associate
at Baker Botts. She was recently named a
rising star by Texas Monthly magazine.
2006
On August 26 Jessica Blaemire and her
husband, Peter Thaxter, had their first
baby, Brynna Campbell Thaxter. She was
7lbs, 13oz., and the whole family is doing
well. We are still in Chicago, Jessica notes,
and are loving it.
On May 9, 2009, Diego Blanco Carrillo
LL.M. married Alejandra Bartlett, and
they are now happily living in Mexico City.
Diego joined Ritch Mueller, S.C., last year as
an associate and has been participating in
M&A and restructuring deals.
Soohye Cho LL.M. started her career as
a researcher at the Korean Constitutional
Court on July 16, after the completion of
her J.S.D. degree at University of Illinois
in May.
Xun (Sean) Liu LL.M. and Dan Jin were
married on May 17 in Beijing, China. Xun
is a senior associate in the Beijing office of
Fangda Partners, a leading Chinese law
firm. He is also the marketing director of
the firm. Xuns wife, Dan, is a TV producer
in Beijing. The couple first met not long
after Xun returned to Beijing from UVA.
Tiffany Marshall Graves will serve as
president of the Mississippi Women
Lawyers Association (MWLA) for 2009-
10. MWLA is a statewide organization
founded to enhance the image of lawyers
in Mississippi, promote fellowship among
the members of the legal community, and
advance women in the legal profession.
In addition to her leadership position
with MWLA, Graves will also serve on the
executive committee of the Jackson Young
Lawyers Association, an organization that
strives to strengthen the bonds between
attorneys in the Jackson metropolitan area
by emphasizing community, education,
and service. Graves is in the Jackson office
of Watson & Eager, where she practices in
the areas of labor and employment and
tort and general litigation.
Ritsuko Noma LL.M.
and Yoshikazu Noma
LL.M. 03 welcomed
their first son,
Keitarou, on June 2.
They thank their
LL.M. 03 and 06
friends for the warm
congratulations and lovely baby gifts. The
family lives in Tokyo, where Yoshikazu is
working as a partner at TMI Associates,
specializing in asset finance, project
finance, financial regulations, corporate
finance, and international business.
Patricio Pablo Pantin LL.M. has joined
Fortunati & Associates law firm in Buenos
Aires. His practice focuses on debt
restructuring and complex litigation.
Juan Pinzon LL.M. is the attorney in
charge of securities and derivatives
for Citigroup in Colombia. He is also
due to finish an MBA at INALDE, the
Management and Business School of
Universidad de la Sabana in Colombia in
June 2010.
On May 24, Tom Reece married Jessica
Chilson 08 at Grace Episcopal Church
in Charlottesville. Jonathan Light, Will

Solar Powered Lawyers
CREATING NEW MARKETS IN A TROUBLED ECONOMY
When the credit crisis hit Wall Street last year, financing for big and
small energy projects alike hit major roadblocks. Yuri Horwitz 06
had firsthand experience with these problems as a renewable energy
lawyer, and he was determined to help solar energy overcome this
financial hurdle.
Horwitz is the co-founder, President, and CEO of Sol Systems, a
Washington, D.C. based solar energy financing and development
company. The mission of Sol Systems is to serve as a bridge
between the renewable energy and traditional energy sectors with
the end goal of making solar energy more affordable, says Horwitz.
Horwitz founded Sol Systems with George Ashton, who serves
as Vice President and CFO of the company. The financing solutions
we offer our customers have a substantial impact on their decision
to purchase solar energy explains Ashton.
Sol Systems helps customers finance the purchase solar
generation systems, in part, through the monetization of solar
renewable energy credits. Solar renewable energy credits are
tradable commodities that represent the green attributes associated
with solar energy production. Many states now require electricity
retailers to include a certain percentage of solar generated power
within their overall electricity portfolio or pay a hefty fine.
Sol Systems has partnered with solar panel installers to buy solar
credits directly from homeowners and small businesses, allowing the
company to provide electricity retailers with a large-scale solar credit
supplier they can trust.
What makes this so exciting is that Sol Systems is helping to
make solar energy affordable for people all over the country who
only two years ago could not take advantage of this subsidy, says
Horwitz.
When Horwitz founded Sol Systems in 2008, the company
was virtually alone in the industry, effectively creating the solar
credit markets in states such as Indiana, Ohio, and Virginia. While
competitors have materialized over the past year, Sol Systems
remains the largest solar credit aggregator, an important position in
a market that is estimated to grow to $1.4 billion in the next 10 years.
With sales reaching over $5 million in a little over a year, Horwitz
recently left his job in the renewable energy practice at the law firm
of Alston and Bird, LLP in Washington, D.C. to focus his attention on
Sol Systems expansion. Leaving the traditional practice of law does
not mean Horwitz no longer considers himself a lawyer, however.
Whether it involves drafting a contract with an installer or
interpreting a new state regulation, I could not have started this
company without my legal education, says Horwitz.
It was for this reason that Horwitz looked to a Law School
Class
Notes
graduate when he expanded his staff this fall. Sean Conway 09
began working with Sol Systems this summer while he waits to start
as an associate with Akin Gump Hauer Strauss and Feld LLP next year.
Like many members of the Class of 2009 I had my start date
deferred due to the slow economy, says Conway, who was a
teammate of Horwitzs on the mens track team at the College of
William & Mary where both earned their undergraduate degree.
I looked at my deferment as an opportunity to gain practical
business experience with an environmental company, and my work
with Sol Systems has exceeded my expectations.
Conway credits the socially conscious legal work in a business
setting as a top reason for his happiness at Sol Systems.
Sean Conway 09, left, and Yuri Horwitz 06
In my first week at the company I was drafting comments for a
state rulemaking proceeding one day and speaking with solar panel
installers about problems on the ground the next, says Conway. It is
an interesting mix of responsibilities that I do not think I could have
found anywhere else.
It does not appear that the work will slow for Sol Systems, either.
The company currently operates in nine states, including Delaware,
Indiana, Maryland, New Jersey, North Carolina, Ohio, Pennsylvania,
Virginia, and Washington, D.C., and Horwitz plans to expand to a
number of other states in the upcoming months. In addition, Sol
Systems recently began to expand its financing options available
to potential solar customers, enabling more customers to take
advantage of solar energy while diversifying the companys business
portfolio.
Our end goal is to get as many systems in the ground and
running as possible, says Horwitz.
With a pair of Virginia Law educated lawyers working to make
this happen, the future is looking bright for the solar energy.
UVA Lawyer Fall 2009 | 81
Class
Notes
Igoe, Michael Bailey, Steve OConnor,
Nick Margida, and Will Mason served as
groomsmen. Also in attendance were: Chris
Kavanaugh, Jasmine Yoon, Mike Buchwald,
Dan Reing, JoAnn Koob, Steph Johnson,
Gabe Meyer, Brooke Nelson Bailey, and
Molly Crall Light; Seth and Lisa (Perrygo)
Ragosta 08, John Myers 08, Justin Lowery
08, Jesse Crew 08, Laura Fairneny 08, and
Lauren Rogoff 08; Sarah Copeland 09 and
Michelle Bryant 09.
Lars Rueve LL.M. received the Dr. iur.
degree from the University of Munich,
Germany, for his dissertation on conflict
of laws and employees inventions. Virginia
Law Professor Emeritus Graham Lilly
supervised his research paper on a related
subject in 2006. Lars is now a third-year
associate with Sullivan & Cromwell in the
firms Frankfurt office.
Ignacio Salvarredi LL.M. has joined Philip
Morris International as counsel in its
South America subsidiary based in Buenos
Aires, Argentina. His practice focuses on
contracts, finance and corporate law.
John Sherman married Mary Hobson
Williams on April 18 in Richmond, Va.
Olivier Winants LL.M. has moved from
Spain back to Belgium, after living a
year and a half in Valencia. There he
taught languages and did volunteer work
for the Campaign Section of Amnista
Internacional Valencia and the NGO La
82 | UVA Lawyer FAll 2009
Casa Grande, for which he worked on
immigration issues and human rights
awareness education. In October he
will begin a six-month internship at the
European Commission Privacy and Data
Protection subunit in Brussels.
2007
Melany Grout is director of the Conflict
Risk Network, a program that is part
of the Genocide Intervention Network,
headquartered in Washington, D.C. She
oversees a network of financial service
providers and institutional investors
that have come together to work toward
responsible foreign investment in areas
affected by genocide and mass atrocities.
2008
Ericka Alonso married Kevin Clouther
in June in Harwich Port, Mass. Kevin
teaches writing at Stony Brook University.
Matthew Brady officiated the ceremony,
and Briggs Wright, Sarah Hughes, and
Brian Leung were members of the
wedding party.
On May 24 Jessica Chilson married Tom
Reece 06 at Grace Episcopal Church in
Charlottesville. Classmates Jonathan Light,
Will Igoe, Michael Bailey, Steve OConnor,
Nick Margida, and Will Mason served
as groomsmen. Also in attendance
were 06 classmates Chris Kavanaugh,
Jasmine Yoon, Mike Buchwald, Dan
Reing, JoAnn Koob, Steph Johnson,
Gabe Meyer, Brooke Nelson Bailey, and
Molly Crall Light; as well as Seth and Lisa
(Perrygo) Ragosta, John Myers, Justin
Lowery, Jesse Crew, Laura Fairneny, and
Lauren Rogoff; Sarah Copeland 09 and
Michelle Bryant 09.
Lauren King finished second in figure and
third in fitness at her first figure/fitness
competition, the 2009 National Physique
Committee Washington State Championships
on July 18. She qualified in both categories
for the national bodybuilding, figure, and
bikini championships to be held in
Hollywood/Ft. Lauderdale, Fla. in
November. She is an associate in the
Seattle, Ore., office of K & L Gates.
2009
Matthew D. Stachel has joined Potter
Anderson & Corroon in the firms
Wilmington, Del., office.
In Memoriam
Allen S. Hubbard, Jr. 40
August 29, 2008
Vero Beach, Fla.
Joseph Myers 40
April 6, 2009
Indianapolis, Ind.
William P. Oberndorfer, II 41
June 11, 2009
Bridgewater, Va.
David Barhydt Marshall 42
June 7, 2009
Charlottesville, Va.
William Henry Sanders, II 42
June 3, 2009
Princeton, W.Va.
James Madison Barr, III 47
June 10, 2009
Hot Springs Village, Ark.
Marvin C. Goff, Jr. 47
May 13, 2009
Memphis, Tenn.
George C. Rawlings, Jr. 47
April 22, 2009
Fredericksburg, Va.
Louis C. Shell 47
August 14, 2009
Petersburg, Va.
Henry Taylor Wickham 47
November 10, 2008
Richmond, Va.
Lucien Wulsin 47
August 30, 2009
Boulder, Colo.
John Taylor Bigbie 48
March 4, 2009
Lynchburg, Va.
Louis H. Glickman 48
August 17, 2009
Buffalo, N.Y.
Leonard Flippen Jones 48
April 14, 2009
Charlottesville, Va.
Carleton Penn, II 48
August 26, 2009
Leesburg, Va.
Henry T. Rathbun 48
March 19, 2009
Washington, D.C.
Thomas Chalmers Ruff 48 George F. Maynard, III 56 John B. Dinsmore, Sr. 69
April 13, 2009 June 1, 2009 January 23, 2009
Charlotte, N.C. Birmingham, Ala. Virginia Beach, Va.
Bowen Pattison Weisheit, Sr. 48 Robert Homer Anderson, Jr. 57 Leslie A. Grandis 69
April 29, 2009 April 16, 2009 March 30, 2009
Bel Air, Md. Norfolk, Va. Richmond, Va.
William Cabell Garbee, Jr. 49 John Leroy Glover, Jr. 58 Carroll L. Wagner, Jr. 69
April 16, 2009 March 4, 2009 July 8, 2009
Richmond, Va. Baton Rouge, La. Atlanta, Ga.
John Izard 49 Warren B. Burt 59 James Henderson Abrams, Jr. 74
July 10, 2009 April 23, 2009 March 9, 2003
Atlanta, Ga. New Castle, Del. Summerville, S.C.
John Montgomery Greene 50 Edward M. Kennedy 59 Phillip Edwin Keith 76
May 10, 2009 August 25, 2009 August 15, 2009
Ocala, Fla. Washington, D.C. Christiansburg, Va.
Peter Clark Manson 51 Herbert A. Pickford, III 59 Peter W. Hursh 77
April 12, 2009 June 7, 2009 June 24, 2009
Charlottesville, Va. Charlottesville, Va. Pacific Palisades, Calif.
Donald Eugene Selby 51 Walter Stephens, Jr. 59 James S. McDonald 77
May 31, 2009 December 7, 2008 September 13, 2009
Charlottesville, Va. Fairfax, Va. New York, N.Y.
A. Russell Beazley, Jr. 52 Joel C. McGurk 60 George P. White, III 79
August 26, 2009 August 25, 2008 August 23, 2009
Richmond, Va. Richmond, Va. Birmingham, Ala.
Orville G. Calhoun, Jr. 52 Janet M. Riley 60 David P. Joyce 80
April 6, 2009 July 5, 2009 July 8, 2008
Beech Mountain, N.C. New Orleans, La. Martinsville, Va.
Henry Clinton Mackall 52 David N. Montague 61 Marylou Skidmore Wilson 82
July 7, 2009 July 1, 2009 July 12, 2009
Fairfax, Va. Hampton, Va. Fort Defiance, Va.
Edwin I. Ford 53 John Boswell 62 Craig Van de Castle 83
March 16, 2009 February 27, 2009 August 2, 2009
Clearwater, Fla. Hanover, N.H. Crozet, Va.
Donald Kilgore 53 John Bill Ragsdale, Jr. 62 John V. Sylvester, IV 89
March 21, 2009 September 2, 2009 July 8, 2009
Portsmouth, Va Atlanta, Ga. Springfield, Va.
Preston Sawyer, Jr. 53 R. Neil Dickman 64 Andrew E. Crapol 05
March 30, 2009 May 20, 2009 March 13, 2009
Lynchburg, Va. Washington, D.C. Alexandria, Va.
C. James Jessee, Jr. 54 Paul J. Winters 64
June 14, 2009 April 26, 2009
Marietta, Ga. Mount View, Calif.
Myles Cane 55 William B. Brent 66
April 2, 2009 November 27, 2008
New York, N.Y. Virginia Beach, Va.
Alfred Evans, Jr. 56 Charles Larimore Whitaker 68
April 25, 2009 April 2, 2009
Atlanta, Ga. Birmingham, Ala.
UVA Lawyer Fall 2009 | 83
 In Print
Non-Fiction
The Commercial Real Estate Lawyers
Job: A Survival Guide
John Antonacci 02 and Brad Dashoff
American Bar Association
Nearly two years ago, the authors
were approached by a fellow attorney
about authoring a book for the American
Bar Association that could serve as a
commercial real estate law survival guide
for new attorneys, solo practitioners, and
in-house counsel who
may not regularly
practice real estate
law. Intended as an
essential tool for both
new and seasoned
real estate lawyers,
this book provides
basic instruction on
commercial real estate assignments they
are likely to receive.
The Commercial Real Estate Lawyers
Job explains the most common transactions,
and the tasks associated with them. It offers
practical advice for organizing workload;
provides tips for success; and details vital
resources needed for real estate lawyers.
Specific areas covered in the book
include: real property interests and deeds;
purchases and sales; debt and equity
financing; mezzanine loans; REITs;
leases and development documents;
transaction closings; and more. The
book has added value given the changes
in the real estate market caused by the
current economic crisis. With the recent
increase in the volume of workouts and
lease renegotiations, readers may find
the chapters on financing and leasing
particularly beneficial in gaining a better
understanding of the terms and issues
84 | UVA Lawyer FAll 2009
in the documents used in those types of
transactions, Antonacci says.
John Antonacci is an associate in
Pillsburys real estate group. He works on a
variety of real estate transactions, including
purchase and sale of commercial properties,
commercial and retail leasing, commercial
lending and real estate development
(including ventures that qualify for the
federal low-income housing tax credit).
Before entering law school, Antonacci also
worked as a Certified Public Accountant.
Steel Helmet and Mortarboard: An
Academic in Uncle Sams Army
Francis H. Heller 41
University of Missouri Press
As a young officer in the Austrian
army in 1938, Francis Heller refused
to swear an oath of allegiance to Adolf
Hitler and narrowly evaded arrest by the
Gestapo, escaping to Czechoslovakia, then
to America.
Steel Helmet and Mortarboard
recounts the dramatic story of how
the authors life alternated between the
demands of military
service and an
academic career.
Heller earned his law
degree in 1941 and set
a course for studying
political science, but
was drafted into the
U.S. Army in 1942 and
became a private in a field artillery unit.
After receiving a battlefield commission for
his service in the Pacific, he was assigned
to bring German nationals from the Far
East, and in doing so he witnessed Dachau
and the terrible fate of so many of his
countrymen.
After serving and fighting in New
Guinea and the Philippines, Heller earned
his Ph.D., and taught at the University of
Kansas. He left the academic life once again
for active duty in the Korean War, and later
served in the U.S. Army and General Staff
College at Fort Leavenworth.
Hellers narrative reflects the
unique perspective of someone who
has experienced war and peace through
alternating careers of soldier and scholar.
Heller is Professor Emeritus of Law
at the University of Kansas and author
and editor of numerous titles, including
The Kansas State Constitution: A Reference
Guide and Economics and the Truman
Administration.
Lethal Logic: Exploding the Myths
that Paralyze American Gun Policy
Dennis A. Henigan 77
Potomac Books
For decades, bumper-sticker slogans
have framed the heated debate over
gun control in the United States. These
simplistic, well-crafted messages When
guns are outlawed, only outlaws will
have guns, and Guns dont kill people;
people kill people, are catchy and
memorable, but dont hold up to rational
thought. Yet they have
been methodically
drummed into the
minds of many
Americans
A by the
National Rifle
Association
A and other
pro-gun groups.
Lethal Logic
examines the effect of the gun lobbys
relentless message and how it has been
successful in blocking the passage of
lifesaving gun laws. Many Democratic

leaders in favor of stricter gun controls are
reluctant to speak out against the NRA for
fear of the political consequences, while the
alliance between the Republican Party and
the NRA strengthens and continues to be a
force to be reckoned with.
In his book, Dennis A. Henigan exposes
the pro-gun slogans as wrong-headed
marketing ploys and helps raise the debate
to a higher plain. Dennis Henigan has
long been one of the nations leading
thinkers on the gun violence issue, says
Sarah Brady, honorary chair of the Brady
Campaign to Prevent Gun Violence, the
sister organization of the Brady Center. In
Lethal Logic, he has given us a clear roadmap
toward destruction of the any gun, any time,
any place arguments of the gun lobby.
Henigan is vice president for law
and policy at the Brady Center to Prevent
Gun Violence, a national non-profit
organization that works to reduce gun
violence in America through education,
research, and legal advocacy. He is the
founder of the centers Legal Action Project,
which represents gun violence victims in
lawsuits against gun manufacturers and
sellers. He has been a leading advocate
for stronger gun laws for 20 years,
appearing on national TV shows including
60 Minutes, The Today Show, Nightline,
Larry King Live, and Dateline NBC.
Henigan has written and spoken
extensively on liability and constitutional
issues relating to gun laws and violence
committed with guns and has testified
before Congressional committees on gun
issues. Under his direction, the Brady
Centers Legal Action Project has recovered
millions of dollars in damages for victims of
gun violence. Henigan coauthored another
book on the issue of gun control, Guns
and the Constitution: The Myth of Second
Amendment Protection for Firearms in
America in 1995.
Get Rich Cheating: The Crooked Path
to Easy Street
Jeff Kreisler 98
Harper
In a world where so many
people seem to bend the rules from
Congressmen to baseball players to slick
financiers whats holding the rest of
us back? Jeff Kreislers first book, Get
Rich Cheating, is a humorous, tongue-in-
cheek guide to getting what isnt ours (but
sometimes seems as if it ought to be). He
dedicates his book, To money, the root of
all good, and throughout he gently pokes
and prods readers to stop daydreaming
about a life of luxury and go out and grab
it to boldly go where upright, ethical
people would never dare.
Kreislers thoroughly researched
guide presents the stories of famous and
not-so-famous
cheaters and what we
can learn from them.
He has the answer for
anyone nave enough
to ask, Why cheat?
And
A he follows up
with lots of tips on
how to exploit some
of the people all of the time. Kreisler
put his J.D. to use in writing the handy
section on what to do if youre unfortunate
enough to get caught.
A brilliant and brilliantly sustained
satirical broadside, writes Tony Hendra
of National Lampoon. On just about
every page youll find a pithy, pointed barb
worthy of the late great George Carlin. Get
Rich Cheating is a Boston Globe bestseller.
It has been noted in The New York Post, Fox
News, and on a number of popular comedy
blogs.
Kreisler has written for Comedy
Centrals Indecision 2008, the Huffington Post,
Shoot The Messenger, and the Independent
Film Channel. He wrote a humorous business
column for Jim Cramers TheStreet.com
and hes won the Bill Hicks Spirit Award
for thought-provoking comedy. Kreisler
performs internationally and resides in
New York City.
In Print
Punishing Corporate Crime:
Legal Penalties for Criminal and
Regulatory Violations
James T. OReilly 74
Oxford University Press
James T. OReilly and four colleagues
at Baker & Daniels have written a timely
book about corporate
crime. As scrutiny of
corporate business
deals increases in
the post-Enron
era, so do novel
remedies to address
the problem. The
authors summarize
the historical background of corporate
punishment, which has traditionally played
out in fines, or in more extreme cases,
sanctions that terminate the business.
Punishing Corporate Crime also analyzes
the latest remedies used by the United
States Government, including restitution,
receivership and monitoring, deferred
prosecutions, integrity agreements, and
disbarment from regulated fields.
Punishing Corporate Crime analyzes
preventative programs and offers advice on
ways to address the changing punishments
that challenge modern corporations.
OReilly serves as counsel at Baker
& Daniels of Indianapolis, as well as a
part-time professor at the University
of Cincinnati College of Law. He is an
international lecturer on environmental law
and author of more than 40 textbooks. He
provides safety and environmental health
consulting to a wide variety of clients, and
currently chairs the FDA Committee of the
American Bar Association.
Anatomy of an Execution:
The Life and Death of Douglas
Christopher Thomas
Todd C. Peppers 94 and
Laura Trevvett Anderson
Northeastern University Press
University Press of New England
At the age of 17, Chris Thomas
committed a brutal double homicide of his
UVA Lawyer Fall 2009 | 85
In Print
girlfriends parents. The facts of the case,
and his guilt, are undisputed. In 2000 he
was executed by the Commonwealth of
Virginia by lethal injection, one of the last
juvenile offenders put to death before the
Supreme Court ruled that execution of such
young offenders was cruel and unusual
punishment.
Co-authors Todd C. Peppers and
Laura Trevvett Anderson, Chris Thomass
high school teacher, trace the complete
story from a desolate childhood, a
twisted first romance that led to the crime,
the trial, the time in jail, and death row.
Peppers examines the pros and cons of
the court-appointed counsel and takes a
careful look at the execution of juvenile
offenders in terms of public policy and
constitutional law. He describes conditions
on death row and how a spiritual advisor
can give a condemned criminal a chance at
redemption in his final days. Is a murders
life worth nothing
more than its most
violent act? Readers
of Anatomy of an
Execution will find
themselves looking
more deeply into that
question.
Anatomy of an
Execution combines excellent scholarship
and legal analysis with a compelling
and tragic life story, says Victor Streib,
professor of law and former dean, Ohio
Northern University of Law. As such,
it is accessible to lay readers and true
crime buffs, as well as instructive to
criminologists and lawyers. Very few if any
books of this genre are its match.
Peppers is associate professor in the
Department of Public Affairs at Roanoke
College in Salem, Virginia, and lectures
in law at Washington and Lee University
School of Law. His first book was Courtiers
of the Marble Palace: The Rise and Influence
of the Supreme Court Law Clerk.
86 | UVA Lawyer FAll 2009
Fiction
True Blue
David Baldacci 86
Grand Central Publishing
Mason Mace Perry was a respected
police officer in the nations capital until
she was framed for a crime. She spent two
years in prison, stripped of her freedom
and her career. When she walked out she
set her sights on one goal reclaiming her
badge and her reputation. There was only
one way to prove that she had the right to
wear her uniform again; she would have to
solve a challenging case on her own. She
works undercover and theres someone
shadowing her a
U.S. attorney who
wants nothing more
than to send her back
behind bars.
Despite the fact
that her sister is the
police chief, Mace is
on her own until
she meets a lawyer named Roy Kingman
who worked with poor people before he
landed a job at a D.C. law firm. Together
they investigate the mysterious death of a
female partner at his firm. With every twist
and turn they unravel dark secrets from
both the private and public realm.
Baldacci has written 17 best-selling
novels on themes ranging from
international intrigue to coming of age
in the rural South. With his wife, Michelle,
he is co-founder of the Wish You Well
Foundation, which works to promote
literacy.
Calvin
William L. Littlejohn 55
Washington Writers Publishing House
William Littlejohn won the 2009
Washington Writers Publishing House
fiction writing contest with his first novel,
Calvin. As the novel unfolds, 10-year-
old Billy Smithson is abducted from his
fathers home and taken by his unstable
mother to live with her father in Athena,
South Carolina. An African American
servant named Calvin Lemoyne ends up
taking care of Billy that summer of 1940,
in the Depression-wracked South. Their
relationship unfolds in the unforgettable
months that lie ahead,
a troubled time of war
and segregation.
Calvin is a
brilliantly told tale ,
writes one reviewer,
that illustrates the
darkness, mysteries,
and occasional joys
of life as they all occur: with complexity,
natural suspense, and ultimate if bittersweet
clarity. Littlejohn, who was born in
the South and grew up there, describes
everyday scenes in spare, vivid prose:
He splashed cold water on his face
for a few seconds. Then he picked
up a white bar of Ivory soap and
vigorously scrubbed his head and
neck working hard to raise suds
in the cold water. Every now and
then he blew through the growing
suds like a breaching whale.
With the suds thick and white,
shrouding his blackness, he rinsed.
Splashing about he ducked his
head under the faucet. He made
loud noises, puffing and snorting
more than needed to keep the soap
out of nose and mouth.
Calvin captures a sense of place and
reveals how war changed everything in
this small Southern town. Through it all,
Calvin, the central figure and the man of
few words, emerges as an unforgettable
character.
After serving in the U.S. Marine Corps,
Littlejohn practiced law for 30 years in
Chicago. He took a sabbatical year to try
his hand at writing and enjoyed it so much
he decided to leave his law practice to write
full-time. He lives with his wife, Marcia, in
Washington, D.C.
Opinion
Honor Code, Softball, and No Class Rank
by Stan Perry 90

IN AUGUST I was in Charlottesville for on-campus
recruiting. Boy, what a difference a year makes.
Last year, the talk among the Big Law firms, of which
Im a member, was how to get to $1 million in profits per
partner unless your firm was already at $1 million in
profits per partner, in which case the focus was how to get
to $1.25 million. Another hot topic before The Fall was
whether less profitable practice groups, such as labor and
employment or mass tort litigation, should be eliminated.
Fast forward to 2009, and the talk in Big Law has
changed, and changed dramatically no more $1 million
profit goals. Rather, articles and blogs chronicle layoffs and
reductions (performance-based only, of course). Labor and
employment and mass tort litigation are now growth areas
in this abysmal market. Firms are embracing them like long
lost Prodigal Sons.
lawyers, past and present, that we are part of something
grand and special. In fact, I was impressed two weeks ago, as
always, by the quietly confident but self-assured law students
at UVA.
So, what is the good news? Is UVA special because of the
beauty of Charlottesville, the sanctity of the Grounds, and
the enduring legacy of Thomas Jefferson? Yes and no. Yes,
Charlottesville, the Grounds, and Thomas Jefferson make
UVA special. But no, as important as they are, they do not
help prepare UVA lawyers for the throes of modern legal
practice.

Im here to remind UVA lawyers, past and

present, that we are part of something

grand and special.

All of this makes for an interesting recruiting

experience to my favorite place on Earth. Every time I go to
Charlottesville, which is, regrettably, only once a year, I view it
as a pilgrimage to holy ground. But this year the holy ground
is not such a happy place. The students at the Law School
face a dreadful market. Theyve either had bad summer
experiences or heard horror stories about low offer rates.
But Im not here to bring more bad news we have all
had enough of that already. No, Im here to remind UVA

UVA Lawyer Fall 2009 | 87

Opinion
Nevertheless, there are three keys to the UVA Law
experience that help equip the current students, and those
of us not so current, to survive these dark days in the legal
profession.
Honor Code: If youre a self-promoter, you wont like
UVAs honor code. The self-promoter does not trust his
classmates to be fair, honest, and ethical, whereas the UVA
Law student understands the freedoms that come with living
in a community of honor and the knowledge that honor
violations will be dealt with swiftly and seriously. Lawyers
face all kinds of ethical temptations from trust accounts
to billing time. For the UVA Lawyer, these are nothing new.
We walked out of classrooms with our exams in hand and
a time limit to complete them. One can either live with this
freedom and trust her classmates, or become paralyzed with
the fear that others will cheat and gain an unfair advantage.
The practice of law is no different you can either set your
own professional and ethical conduct, or you can fret about
how others are cheating the system, the firm, or the court.
Softball: In softball, individual accomplishments must
be part of an overall team effort. An individual bats and
fields the ball but, in isolation, can accomplish nothing.
A batter, short of a home run, cannot get an RBI without
a runner on base. A base runner cannot drive herself in.
A simple groundout requires a ball thrown by the pitcher,
fielded by an infielder, and thrown to the first baseman.
Creating that one out requires three of the nine players.
If you are a true UVA Lawyer, you understand teamwork.
A non-UVA Lawyer might prefer to play golf an
individual sport based on ones own accomplishments. One
can learn many things on the golf course, but one thing you
wont learn is teamwork. Softball, however, is a lesson in
88 | UVA Lawyer FAll 2009
teamwork and a lesson that life is not fair. As UVA Lawyers,
we know that, as in softball, we must practice to get better,
learn from our mistakes, and ensure we are playing on a
team committed to teamwork and not just a collection of
individuals who happen to be on the same field.
No Class Rank: If your goal is to be first, to make sure
everyone knows how high you rank, then the Law School is
not for you. What a joy to say, when asked about class rank,
At UVA we did not have class rank. Not only that, but we
had the B mean (now officially the B+ mean). How does
the lack of class rank better adapt UVA Law students for the
current market? It helps us realize that our commitment to
hard work is simply that: our own commitment to do the
best we can. It is not, as most of the legal world would have
you believe, a commitment to grind our competition (inside
our law firms and opposing counsel) into sawdust. If we
do the best we can, and do so in a professional and ethical
manner, we will survive these difficult times. An individual
commitment to do your best will help you survive layoffs,
reductions in force, career changes, and even personal defeats.
I suggest that every UVA Lawyer with the experience
of the Honor Code, Softball, and No Class Rank can adapt
to these harsh times because we know that money will
come and go, and busts will follow booms, but our personal
commitment to effort, integrity, and teamwork will not
change.
Stan Perry is a partner in the Houston office of Haynes Boone.
He is one of the leading environmental litigation counsels in
Texas.
October 29 Twin Cities Reception November 18 Reception Jones Day
Dorsey & Whitney Washington, D.C.
Minneapolis - St. Paul, Minn.
April 30 May 2, 2010 Law Alumni Weekend
November 4 Virginia Admissions to the Bar Charlottesville, Va.
Breakfast
For the latest on alumni events: www.law.virginia.edu/alumni
Richmond Convention Center
For the latest on reunions: www.law.virginia.edu/reunions
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