University of Richmond UR Scholarship Repository

Richmond Law Magazine School of Law

Summer 2006 Richmond Law Magazine: Summer 2006

Follow this and additional works at: http://scholarship.richmond.edu/law-magazine Part of the Other Law Commons

Recommended Citation http://scholarship.richmond.edu/law-magazine/4

This Magazine is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Richmond Law Magazine by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected].

Dean’s letter

Talking frank about rank

I suspect that most of you share the those working at law schools ranked among the top frustration of many of us inside the 25-50 in the nation. Our faculty’s publication record in Law School over the seeming difficul- recent years is exemplary, including articles in the ty of improving our national rankings nation’s most prestigious law reviews, such as Penn, in U.S. News and World Report. Chicago, Duke, Harvard, Northwestern, Southern Cal, We are committed to constantly and Columbia, to name a few. Our student body improving the intrinsic quality of the already ranks in the top tier in the nation by many school, not for the sake of rankings, objective measures. but for the underlying ambition to Yet we are impatient with the lag in the time it pursue excellence relentlessly in all takes for these improvements to be recognized in the we do. national marketplace. Yet the rankings of our Law One way to close that gap is to send our faculty to School do matter, much as the stock national forums, and to bring academics and jurists of price of a company matters. We take national stature to campus to see first-hand the qual- the rankings seriously and have fierce ity of our operation. We also are working to improve ambitions to advance both the our Web site and other publicity efforts. underlying quality and the external rankings of the Candidly, an enormously important element in Law School. this will be fundraising and public relations, and we I know of nothing in our basic “fundamentals” spend ever-increasing energy on those efforts. Much that would prevent us from being ranked among the of what it takes to continue to improve our quality, top 25 law schools in the country. We have taken such as paying the salaries to attract national players many concrete steps toward improving the Law in legal education to the faculty, adding to our stu- School. These steps are part of our strategic plan, dent financial aid, finishing our building addition, and which is well on the way to implementation. We are: spending the sums necessary to herald our accom- 1) adding 12 new faculty positions; 2) doubling our plishments, requires additional resources. financial aid award structure; 3) opening new aca- Keep the faith! Keep your conviction in the essen- demic centers specializing in discrete areas such as tial American optimism that quality will win out, and intellectual property law, environmental law, interna- excellence will be rewarded. We are a school with a tional law, family law, and health law; 4) devoting sub- proud and wonderful history and a bright future. Our stantial resources to marketing efforts; 5) continuing rankings will catch up with our intrinsic quality, and to improve the entering credentials of students; continue to advance as our quality improves. 6) expanding our commitment to pro bono service, and 7) completing a building addition that will house these expanded programs. In recent years we have hired nine new faculty members at the entry, middle, and senior levels. These Rodney A. Smolla are people with stature and records equivalent to Dean, School of Law FOR THE RECORD FOR THE RECORD A look at the people, events and issues making news at the Law School

Graduate to AWARD establish non-profit in Washington Justice Lemons After graduation, most law presented Green students move on to clerkships, Award established firms or corporate Law graduates will have ‘significant’ impact suites. Kristi Cahoon, L’06, will move into borrowed office space Attending the Law School has “honed and refined your through the roof,” he said. He encouraged the gradu- in Washington, D.C., where she will intellect and your character,” Frederick G. Rockwell III ates to be “mentors and role models” and to work hard launch single-handedly a non- told graduates in the class of 2006. to break down stereotypes. profit organization to work with Rockwell, L’79, a judge in Chesterfield, Va., and an Faculty speaker John G. Douglass told the gradu- cancer patients. adjunct faculty member, said in his commencement ates that just as the Wizard of Oz gave the gift of Cahoon, who was honored at address that he remembers the passion, zeal and insight to Dorothy and her friends, “education is about commencement for her extraordi- Dean Smolla with Kristi Cahoon. enthusiasm of being a law student, and he promised finding and using what’s been in you all along.” nary contributions, says her inspira- the graduates that “it’s going to work out for you” as it Kristi Cahoon of Scarborough, Maine, received the tion as well as significant support for her Intellectual Property Donald W. Lemons has for countless other graduates. Nina R. Kestin service award as special recognition for work came from professors and programs Institute expands Justice Donald W. Lemons of the He said he expects the graduates to have an “extraordinary contributions” during her years at the at the Law School. opportunities Supreme Court of Virginia was pre- impact on their communities that will be “significant, law school. (See related story, next page.) Kennon “Until I took professor [Ann] Hodges’ sented the William Green Award for due in large measure to the three years you spent at Poteat III of Danville, Va., received the Cudlipp and J. course on nonprofits and the law, I really Beginning in the 2006-2007 academic Professional Excellence at a luncheon this institution.” Westwood Smithers medals for having the highest hadn’t found anything in law school that year, the Law School will offer a certifi- in March. Dean Rodney A. Smolla presented the cumulative grade point average at the end of the sec- excited me,” Cahoon says. That course led cate in intellectual property through its Lemons, who serves as John school’s Distinguished Alumni Medal to ond and third years. Steven Buckingham of Gray, Tenn., to further study at the Philanthropy Intellectual Property Institute. Marshall Professor of Judicial Studies at the Law School, was recognized for Rockwell. received the Charles T. Norman award given by the fac- Institute, and work with LINC (Legal Certificate students will learn the fun- what Dean Rodney A. Smolla called “a Donta’e Bugg of Newport News, ulty to the best all-around graduating student. Information Network for Cancer) and the damentals of intellectual property law life in pursuit of excellence” in schol- Va., was the student speaker. He There were 153 students in this year’s class. Mid Atlantic Juvenile Defender Center. “I and can then choose advanced courses arship, ethics, professionalism and told his classmates that each had realized this was something I was really that provide in-depth training in service. someone at home who supported interested in, and I had a lot of knowl- specific IP subjects, including patent and Like previous winners of the Law them through the rough periods. edge I thought I could bring to it.” copyright law, computer law, entertain- School’s most prestigious award, “Their level of excitement today is This summer, she will move to ment law and trademark law. Lemons has engaged in “a ceaseless Washington—a city with a high rate of The Law School also is developing struggle to realize [his] own poten- tial,” Smolla said. cancer and a large low-income popula- ways to provide students with practical Commencement speakers The award was presented during (from left), Judge Frederick G. tion—where she will establish CAN, the experience by working with attorneys, the 23rd annual Scholarship Luncheon Rockwell III, L’79, Professor Cancer Assistance Network. She will judges, local businesses, and public insti- at the Jepson Alumni Center, where John G. Douglass, Donta’e exchange expertise for office space at tutions on intellectual property issues the school also recognized scholarship Bugg. KARAMAH: Muslim Women for Human such as technology transfer and patent donors and recipients. Rights, a non-profit founded by professor prosecution. The institute is exploring In his remarks, Lemons said Azizah Y. al-Hibri. Her first task will be the potential for a “virtual clinic” that lawyers and judges in America hold writing grant applications and seeking would provide services to clients hun- society together, sometimes well and other times not so well. By educating funding and volunteer lawyers to work dreds of miles away without having to the best and brightest in civility and with cancer victims who need legal help. leave school. professionalism, the Law School plays In addition to Hodges and al-Hibri, The institute’s mission is to create an a valuable role. Cahoon says her Richmond classmates active scholarly program of conferences The award is named in honor of “have been most supportive, signing up and publications focusing on contempo- Judge William Green, one of the origi- for my mailing lists and offering their rary intellectual property issues arising nal members of the faculty of the Law expertise. in the context of intellectual property School, who gave an eloquent address on professionalism at the Law School’s “It’s nerve wracking, but with this protection in the digital age. opening session on Oct. 10, 1870. great group in your corner, it’s a lot easier.”

Summer 2006 3 FOR THE RECORD FOR THE RECORD

EXTERNAL RELATIONS Academic Festival 2006 not managed very well,” Samir Shakir After Saddam’s changed that, and inter- SPEAKER Three days of theory, Mahmood Sumaida’ie said in a carefully ouster, Sumaida’ie was a vention finally came. New associate stated but unscripted discussion during member of Iraq’s Interim “In 20 or 30 years, Former attorney practice and service the academic festival. Governing Council and people will look back dean is ‘Emmy’ From March 29-31, the University of After the successful invasion of Iraq, helped write its new and judge in historic general slams winner Richmond School of Law hosted sym- the United States and its allies “failed to constitution. He has perspective,” he said. “I hearings posia, films, lectures, and panel discus- do the simplest and most obvious things served recently as Iraq’s believe this event will be sions during Academic Festival 2006: that accompany a change in regime,” he ambassador to the judged very favorably.” Living Greatly in the Law. said. “It was perplexing to Iraqis that the United Nations. He expressed guard- The festival offered programs that world’s greatest power could be so In opening remarks, ed optimism at Iraq’s integrated legal theory, practice and pub- incompetent.” Sumaida’ie said he would future, while praising lic service in a forum that attracted Among the earliest mistakes, he cited not read a statement but the heroism of people diverse audiences from the University the failure to impose a curfew and the that he hoped to open a there today who are and surrounding communities. disbanding of the police and army, which dialogue to help explain trying to live ordinary Sumaida’ie From frank talk about Iraq, to a docu- left cities open to looting, lawlessness a situation “that must lives in extremely hard Roberta Oster Sachs mentary film on the death row reprieve and an emboldened insurgency. appear perplexing to many of you.” circumstances. Edwin Meese of inmates in Illinois, to vigorous debates “It was incredible to believe.” Americans, he said, must be asking Unlike the years under Saddam, he Roberta Oster Sachs joined the Law over teaching evolution, and protecting Dean Rodney A. Smolla introduced many questions regarding Iraq: Did we said, “At least there is hope. Iraqis believe Former U.S. Attorney General Edwin School this summer as the associate Meese decried the harsh tone of dean for external relations. Sachs journalists’ sources, the festival rolled the ambassador, describing him as “an do the right thing? Where is this head- the future will be more bright. This is attacks on judicial nominees in recent comes from Tufts University, where through a range of issues that are in the extraordinarily reflective and thoughtful ing? Have we helped win the battle over remarkable in the face of what’s going on.” Congressional hearings during a she was director and senior lecturer of public eye today. leader” during “an extraordinary period in international terror or have we created He was encouraged by the progress speech at the University in February. the Media and Public Service the history of our countries.” more terrorists? Is there civil war? Have that is taking place on the political Meese, who served as attorney Program, a creative and innovative Sumaida’ie’s appearance was spon- the Iraqi’s benefited from the interven- front—70 percent turnout in elections, general under President Ronald program that has received accolades Iraqi ambassador believes sored by the Law School’s Journal of tion? What will this cost the United work toward formation of a constitution- Reagan, was particularly critical of left- for its media and outreach efforts. war ‘Will be judged very Global Law and Business. States? What will be its benefits? al government and approval of a perma- leaning interest groups and senators A graduate of Georgetown favorably’ Naomi Andrews, the journal’s editor, He covered many of those topics as nent constitution. whose attacks were directed at nomi- University, Sachs earned a masters of nees who favored judicial restraint. public administration from the John F. Iraq’s ambassador to the United States outlined Sumaida’ie’s successful career, he fielded questions for more than an Of the insurgency, he said, “Saddam’s The Federalist Society at the Law Kennedy School of Government at described Iraq under Saddam Hussein as which includes founding a computer hour. His appearance drew the largest regime was toppled but not defeated.” School sponsored Meese’s appear- Harvard University. She received a “home to 25 million people, all of whom design firm that did business in Pakistan crowd of the three-day festival in March, Truckloads of cash and tons of weapons ance, which drew a crowd of more Knight Fellowship at Stanford were hostages to his regime.” The United and Saudi Arabia, and an investment con- filling the Moot Courtroom. He was greet- were taken to fuel the fight. than 100. Meese’s speech was titled University, which included course States’ removal of Saddam “was right sulting firm based in Beijing. Prior to the ed by sustained applause. The invasion has attracted terrorists, “The Constitution, the Courts and the work at the Stanford Law School. and in the interest of the Iraqi and removal of Saddam Hussein and the Sumaida’ie painted a vivid picture of including al-Qaida, from all over the Congress.” She has worked as a producer for American people.” Baathist regime, Sumaida’ie was active in Iraq under Saddam, whom he described world. Organized crime moved into the Meese said the nominations of jus- NBC News, CBS News, and ABC News, tices John G. Roberts Jr. and Samuel A. as well as New York’s Channel One But the American intervention “was opposition efforts in the United Kingdom. as a “despotic tyrant and absolute dicta- security vacuum in Iraq and has thrived. Alito Jr., prompted ad campaigns, ral- News. She won an Emmy Award for a tor,” who controlled the lives of every And a “sprinkling” of insurgents have lies and competing news conferences profile on blues legend BB King that Iraqi including those, like himself, who come in from foreign neighbors, particu- that were more like political cam- she produced with Ed Bradley at CBS. escaped the country only to fear for the larly Iran and Syria. paigns than Congressional hearings. In announcing Sachs’ appoint- welfare of relatives, friends, and country- He said much of Iraq was never seg- He said the hearings often seemed ment, Dean Rodney A. Smolla said he The play “The men back home. regated before the regime was toppled. more focused on intimidation and hopes she will help create promotion- Exonerated,” which was He compared the Baathist regime to People from various sects got along and character assassination than on con- al efforts in a variety of print and elec- performed in March at the mafia, saying it looted the nation’s often intermarried. firming qualified nominees. tronic media that will improve peer- the Modlin Center for Meese also said the attacks against assessments, admissions, fundraising, the Arts, explored wealth while intimidating the people Now, some of these community judges who approach the Constitution alumni relations, and career services. the true stories of six through ruthless applications of power. bonds are dissolving in the face of sectar- with restraint were misguided. The “I am confident that she will pro- innocent survivors of For too many years, the United States ian attacks by the insurgency, he said. death row and issues Constitution is not a “trampoline” for vide us with much-needed skills in our and Europe allowed Saddam to stay in Asked how the invasion can be justi- surrounding the death judges to jump off in any direction. efforts to boost our reputation, so penalty. The Law power, Sumaida’ie said. “It was not incon- fied in light of international principals of “Since 2001,” he said, “the attacks that the high quality of our faculty, School sponsored venient for the U.S. and Europe to have sovereignty and non-interference, on judges who are faithful to the students, and academic and service the performance. him in place, particularly during the Sumaida’ie said that in the world today, Constitution have been systematic, programs are better projected into Iranian revolution.” there is a new principal at work: the prolonged and particularly vicious,” the marketplace,” Smolla said. But the Sept. 11 terrorist attacks right to protection.  and not typical of past confirmations.

4 RICHMOND LAW Summer 2006 5 Courtesy of The Actors’ Gang The Actors’ of Courtesy FOR THE RECORD FOR THE RECORD

DEBATE For example, the international president of the University of Wales, is NATIONAL SURVEY community should have intervened in known for his “enormous influence” on Mattox debate Rwanda, he said. “Despotic rulers cannot Cambridge University, Dean Smolla said. ‘Download’ terrorize the population,” attack their Williams was that great university’s “first focuses on neighbors and develop weapons of mass modern president,” serving as vice chan- survey raises religious freedom destruction, as Saddam had in the past, cellor for seven years of “transformative ethical concerns without fear. changes there.” Sumaida’ie told the audience that Williams spoke of significant consti- the worst thing the United States could tutional change and turmoil in Britain (From left) Jeffrey T. Frederick, Donelson R. Forsyth and Paula L. Hannaford-Agor discuss the jury do now is to withdraw its forces sudden- over the past 35 years resulting from system during Academic Festival 2006. ly. That would create a vacuum and lead domestic and international terrorism, to a defeat “of spectacular scale” for Iraq, constitutional experiments, human rights of the Center for Jury Studies, National Screen and Stage program at the the region and the United States. legislation, the new prominence of the Center for Courts in Williamsburg. University of North Carolina-Chapel Hill, A terrorist victory would have reper- judiciary, and attempts to alter the struc- Their appearance was sponsored by Sontag entertained his audience with cussions in the Middle East and around ture of the houses of Parliament. the Emroch Lecture Series, which was stories of personal experiences that John S. Edwards (left) and the world for generations. He said American support has long established by the late Emanuel Emroch, touched on the first Star Wars film and Charles W. Carrico Sr. Sumaida’ie described Iraq as a nation been important to Ireland and, therefore, R’28 and L’31, his family and friends. the TV series Paper Chase. The Seventh Annual Mattox Debate of considerable resources and talent, influential in those debates. “Expatriation In an overview of research on juries, His was joined for the forum by pitted two members of the Virginia though many potential leaders fled the of millions of Irish has created a powerful Forsyth said the design of juries usually James Gibson, director of the Law More than 75 percent of 18- to 24- General Assembly in a debate over a country during Saddam’s reign. Once the Ireland beyond the Atlantic,” he said. works well in achieving a correct verdict. School’s Intellectual Property Institute. year-old students recognize that free controversial amendment proposed violence is under control and the political The Austen Owen Lecture is endowed Despite the 12 Angry Men myth, “groups Their presentation, which was titled “The downloading of music from online sources is illegal, and 60 percent see it for the state’s Constitution. situation stabilizes, the nation’s infra- by family and friends of Judge Owen. tend to hold pressures in check” so one Property Behind the Picture,” was spon- Charles W. Carrico Sr. and John S. as unethical. structure, including its vast oil industry, juror is unlikely to sway the others, he said. sored by the institute and the Student Edwards spoke before a packed Moot But more than a third of them ille- Courtroom on an amendment to the can be rebuilt. Iraqis who fled will return Jury system works despite Juries are usually successful because Intellectual Property Law Association. gally download music, according to a Virginia Statute for Religious Freedom to help create “a model country in the they are relatively anonymous, not made “You never know where an idea will recent national survey by the Law that would allow public displays of Middle East and in the world.” pressures up of experts, and don’t have to work come from,” said Sontag. Securing the School’s Intellectual Property religion and school prayer. In John Grisham’s bestseller Runaway Jury, together in the future, he said. An extreme- intellectual property rights to an idea Institute. Thirty-nine percent say they During the 2005 legislative ses- pay for downloads, while 40 percent Irish history provides one character says ominously, “Trials are ly cohesive group is more likely to make a these days “can be an expensive obstacle sion, Carrico, a Republican from too important to be left up to juries,” and mistake than a less cohesive group. to creativity,” he said. “But the last thing say they do not obtain music online. Grayson County, proposed the amend- The national telephone survey constitutional perspective the manipulation and skullduggery begins. In cases where juries make mistakes, you want is to end up in court.” ment that would grant people the revealed that more than one in three The British constitution has been But in reality, most Americans have there often is a misunderstanding on The IP forum and a discussion about right to pray in public schools while of those students who engage in ille- retaining the ban on organized prayer. “stretched and scarred” over the past 125 faith in the jury system and see jury serv- points of law, a lack of fair representation children, media and the First Amendment gal file sharing think it is wrong, but Although the bill “doesn’t allow years by Irish events. Today, Ireland contin- ice not as a burden but as an important of the broader community, or an concluded the first Academic Festival. they do so anyway to save money. the Commonwealth to establish reli- ues to play an important role in constitu- civic duty, a recent Harris poll shows. extremely cohesive group whose mem- With its success, the Law School is already “What we’re seeing here is an gion,” Carrico said, “it’s necessary to tional change in the United Kingdom. The evolution, impact and future of bers are reluctant to disagree. planning its next festival for the 2006-07 awareness of the legal and ethical remove the fear of being taken to This complex, often violent history the jury system was up for discussion dur- academic year. implications of illegal downloading, which may result from the increased court” that might confront a student and its interplay with modern issues was ing the academic festival in a program who wants to pray or otherwise When IP rights threaten • • • incidence of subpoenas, prosecutions the subject for the annu- titled, “Reining in a Runaway acknowledge religious beliefs and her- creativity and disciplinary actions in recent itage in public. al Austen Owen Lecture Jury: Insights and Tactics.” Doctors, lawyers find years,” said James Gibson, director of Edwards, a Democrat from March 29. Legal scholar Three panelists offered When the law and creativity collide, common ground the institute. “Despite that aware- Roanoke, argued there was no need and educator Sir David insights: Donelson R. Forsyth, “there aren’t any black and white ness, many college students are con- to amend a provision, “which has Williams delivered the holder of an endowed chair answers,” according to television execu- More than 30 lawyers-to-be and doc- tinuing to engage in behavior that hardly changed in more than 200 lecture as the opening in ethical leadership at the tive, screenwriter, producer and educator tors—whose professions often interact they themselves acknowledge as years.” He responded to Carrico, stat- event in the three-day University’s Jepson School of David Sontag. like dogs and cats—met at the Law wrong.” The survey was widely reported by ing the notion that prayer in school is academic festival. The Leadership Studies; Jeffrey T. Finding the difference between School this year for an unusual opportu- banned is a myth. national media. It showed that college title of his lecture was Frederick, nationally recog- “walking the line and crossing the line” is nity to learn from and about one another. The event is named for Conrad B. campuses are the most popular sites Mattox, Jr., R’49 and L’51. This year’s “Ireland 1880-2005: A nized trial consultant and becoming more and more difficult in this Under the direction of Sean Byrne, ’93 for illegal downloads, followed by debate was co-sponsored by A More Constitutional author of Mastering Voir Dire age of technology, litigiousness and and L’97, who is a certified emergency students’ homes. Perfect Union, and the Council for Perspective.” and Jury Selection; and Paula media convergence, Sontag said. medical technician (EMT), the doctors America’s First Freedom. Williams, who is Sir David Williams L. Hannaford-Agor, director Now director of the Writing for the and law students discussed 

6 RICHMOND LAW Summer 2006 7 FOR THE RECORD

INTERNATIONAL LAW controversial issues such as tort reform, Dean Rodney A. Smolla, who repre- medical malpractice, patient safety, and sented the lawyers in their appeal, told Law students risk management in the course titled the court that the case involved substan- Medical Malpractice Law and Litigation. tial free-speech issues. He questioned compete in Vienna “It’s been a great success,” says Byrne, whether concerns over the “dignity of the whose firm Hancock, Daniel, Johnson & profession” trumped the First Nagle, specializes in legal issues related Amendment right to free speech. to health care. So much so that The The case received considerable pub- Doctors Company, the leading physician- licity, including a column by James J. owned malpractice insurance carrier in Kilpatrick, who concluded, “If I want to the nation, offers a 5 percent discount on sue my doctor for a botched operation, insurance coverage to doctors who com- give me a pit bull lawyer every time.” plete the course successfully. The Thomas Jefferson Center for the The course grew from an idea by Protection of Free Expression awarded Kendra Horger (left) and Naomi Andrews. Porcher L. Taylor III, an associate professor the Florida court a “Jefferson Muzzle.” The in the School of Continuing Studies. With muzzles are presented annually for what Students from the Law School were in Byrne, an adjunct professor at the Law the center deems egregious offenses Vienna this April for the Willem C. Vis School, Taylor expanded the idea to against the First Amendment. International Commercial Arbitration include law students and health care pro- Moot Court Competition, which is fessionals, including doctors. Belcher, Dean Smolla designed to foster the study of inter- “The idea was that immersing doc- national commercial law and to train named law fellows tors and law students in the same aca- prospective lawyers in methods of alternative dispute resolution. demically rigorous learning Dennis I. Belcher, L’76, and Teams of law students represent- laboratory might contribute Dean Rodney A. Smolla, ing 158 institutions in 50 countries to building a bridge have been named fellows of competed. This was the first time between them over con- the Virginia Law Richmond students joined the tentious issues arising from Foundation. competition held in Austria. malpractice claims,” Taylor The honor is limited to 1 Third-year students Naomi says. “We need to find ways percent of active and associ- Andrews and Kendra Horger, and sec- to resolve this conflict, and ate members of the Virginia ond-year students Mike Clements and Zev Antell, prepared briefs for the we hope the class will State Bar who reside in the competition. Rob Hawkins of Hunton contribute to that goal.” Commonwealth. Fellows & Williams, and Jill Williamson of The program is so unusu- must uphold the highest Dennis I. Belcher Alston Bird were coaches. al that it has drawn attention standards of the legal pro- Andrews and Horger, with coach from other law schools as fession, be outstanding in Hawkins, represented the Law School well as national media, including the the community and distinguished in the during the oral advocacy phase in online edition of The New York Times. practice of law. Vienna. Opening ceremonies took place at A partner with the firm McGuire- the Wiener Konzerhaus, where ‘Pit bull’ lawyers lose Woods in Richmond, Belcher concen- approximately 1,000 law students and case, win award trates on estate taxation, trust adminis- hundreds of coaches and judges (prac- tration, and private wealth services. ticing lawyers, arbitrators, and law The U.S. Supreme Court rejected an Smolla was selected for his outstand- professors) gathered from throughout appeal in March by two personal injury ing contributions to both the profession the world. lawyers from Fort Lauderdale, Fla., who and the Richmond legal community. Over the next four days, teams had advertised their services by using a The Virginia Law Foundation sup- were paired at random for four rounds of oral arguments before pit bull dog wearing a spiked collar. ports pro-bono programs, improvement panels of three arbitrators. Last year, the Florida Supreme Court of the administration of justice, public ruled the ads “demean all lawyers” and education about the law, continuing legal harm the profession and the system education and public service internships of justice. for Virginia law students.

8 RICHMOND LAW FACULTY BRIEFS Faculty achievements, publications and appearances

Azizah al-Hibri published “Divine richmond.edu/jolt/links.asp). annual anthology of the best IP Justice and the Human Order: An Coggins also presented “Effective writing of the year. He served as a Islamic Perspective” in Humanity Advocacy: Tips, Techniques and panelist at Georgetown Law Center Before God: Contemporary Faces of Examples” at the All-California for a discussion of intellectual prop- Jewish, Christian, and Islamic Joint Institute, sponsored by erty protection for sports statistics. Ethics, William Schweiker, Michael chapters of the American Gibson has been widely quoted on Johnson and Kevin Jung, eds. Association of Law Libraries, issues related to intellectual prop- (Fortress Press 2006). in March in Sacramento, Calif. erty in publications including the Boston Globe and The Chronicle of Hamilton Bryson has published Joel B. Eisen co-authored the sec- Higher Education. Virginia Civil Procedure 4th Edition. ond edition of Energy, Economics and the Environment, a leading Ann C. Hodges participated in Henry L. Chambers Jr. moderated a energy law course book for law March in a teleconference for the panel on Reauthorization of the and business schools. The 2006 Virginia Breast Cancer Foundation Voting Rights Act of 1965 at the edition is updated to focus on on “Employment Issues After a Association of American Law recent developments, and inte- Breast Cancer Diagnosis” with Schools meeting in Washington, grates economic and environmen- Craig Curwood, L’99. In May, she D.C. He also presented a paper, tal issues with energy resource spoke on labor law to a class spon- “Dred Scott: Tiered Citizenship and issues. Eisen also published sored by the Richmond Central Tiered Personhood,” to a confer- “Rapanos, Carabell and the Labor Council and the United Way ence on the Dred Scott case and Isolated Man” in the University of of Greater Richmond and its effects at the University of Richmond Law Review’s Allen Chair Petersburg. She joined the Texas Law School in Austin. He is Edition on The State of the Community Tax Project’s nonprofit lecturing this summer on consti- Chesapeake Bay in the Twenty-First advisory panel and the advisory tutional law: “We the People: The Century. Eisen calls upon the board for the Virginia Cancer Plan Citizen and the Constitution” in Supreme Court to reject proposals Action Coalition. Her article San Diego. in two cases involving the Clean “Bargaining for Privacy in the Water Act to construe the statute Unionized Workplace” was pub- Timothy L. Coggins, associate dean more narrowly. lished in the International Journal for library and information services, of Comparative Labour Law and published “Legal, Faculty and Other James Gibson, director of the Industrial Relations, (Issue 2, 2006). Internet Sites for Attorneys and Intellectual Property Institute, pub- Others” in Richmond Journal of Law lished “Once and Future Copyright,” Mary L. Heen is General Counsel and Technology, the Law School’s in the 2006 edition of West’s of the American Association of online law journal (http://law. Intellectual Property Law Review, an University Professors for a two-

Left to right: Henry L. Chambers Jr., Joel B. Eisen, James Gibson and Mary L. Heen.

Summer 2006 9 FACULTY BRIEFS FACULTY BRIEFS

year term that began in June. She Illinois Law Review (February on First Amendment Issues and Philadelphia Inquirer, and The their commitment to social justice. izing in patent law. Osenga will continue her duties at the Law 2006), and “Jurisdiction to Cases,” in Anatomy of an Oral Washington Post. He was widely A graduate of Yale University Law received her B.S.E. in biomedical School while overseeing legal Adjudicate: A Revised Analysis,” in Argument, Joseph Russomanno, quoted during the debates over School, Moore joined the Law engineering from the University of work for AAUP. Heen recently vol. 73, University of Chicago Law editor (Lawrence Erlbaum 2005); “A judicial selection, Supreme Court School faculty in 1990. He was Iowa, a master’s in electrical engi- completed a term on AAUP’s Review (May 2006). Year at the Supreme Court,” Cross nominees, and the Vioxx, director of the Youth Advocacy neering from Southern Illinois Committee on Academic Freedom Burning: Virginia v. Black, Neal BlackBerry and Dover litigation, Clinic at the Law School, where he University, and her J.D. magna cum and Tenure. With Robert C. Post of Rodney A. Smolla presented Devins and Davison M. Douglas, appearing on BBC, “Talk of the was a highly regarded teacher and laude from the University of Yale she prepared a statement on “United States Supreme Court editors (Duke University Press). And Nation,” National Public Radio, mentor, and advocate for children Illinois College of Law, where she “Academic Freedom and Outside Update” in May to the joint articles including: “The Best Bloomberg Radio, “Marketplace,” and young people. Upon his death served as notes editor of the Speakers,” which appeared in the Federal-State Judicial Conference in Defense: Prosecutors Are from Voice of America, NBC Radio, and in 1992, the association created this Journal of Law, Technology & Policy. March-April issue of Acaceme. Charleston, W.Va. He spoke on Neptune, Defense Attorneys Are CBS Radio. Tobias has been quoted award in his honor. Following law school, Osenga “Sources of Constitutional Power from Pluto,” Slate magazine, Nov. 2, in print media, including: the joined Finnegan, Henderson, Corinna Lain presented “Furman and Separation of Powers” before 2005. International Herald Tribune, The New faculty Farabow, Garrett & Dunner in Fundamentals” at the Richmond the Virginia General Assembly’s Washington Post, Los Angeles Christopher A. Cotropia will join Washington, D.C., concentrating on and Wake Forest University law State Bar Law School for Legislators Carl W. Tobias published articles Times, Christian Science Monitor, the faculty this fall as an associate patent law. She clerked for the schools. Program in Richmond, April 18. He on Fourth Circuit publication prac- Detroit News, Toronto Globe & professor. He comes to Richmond Honorable Richard Linn, United delivered a speech “John Marshall tices in the Washington and Lee Mail, Philadelphia Inquirer, Salt from Tulane University School of States Court of Appeals for the Excerpts from Emmy Reeves’ arti- and the Judicial Review” at the Law Review and on Congress in Lake City Tribune, Boston Globe, Law. Cotropia received his B.S. with Federal Circuit. Osenga will teach cle “Cool Data on a Hot Issue: Valentine Museum in Richmond on Judicature. He co-authored a book Miami Herald, Legal Times, honors in computer engineering in the area of intellectual property Empirical Evidence That a Law March 31, under a Hampton City review with Margaret Sanner on National Law Journal, Lawyers and electrical engineering from with a focus on patent law. School Bar Support Program Schools Teaching American History women in the legal profession in Weekly USA, Bergen County (N.J.) Northwestern University, and his Enhances Bar Performance,” was Grant. Smolla moderated programs the Cornell Journal of Law and Record, Indianapolis Star, Buffalo J.D. with honors from the Noah M. Sachs joins the faculty as reprinted in The Bar Examiner (vol. during the Law School’s spring Public Policy. He also published Daily News, Houston Chronicle, University of Texas School of Law, assistant professor of law. He has 75, No. 1, February 2006). The arti- Academic Festival, including articles on federal judicial selec- Newsday, Richmond Times- where he served as articles editor been Climenko Fellow and lecturer cle, written with Linda Jellum, was “Newsroom Confidential: The tion in the National Law Journal, Dispatch, Forbes, Financial Times, of the Texas Intellectual Property at Harvard Law School, specializing published originally in the Nevada Debate Over Protecting Journalists Jurist, the Richmond Times- N.Y. Daily News, San Francisco Law Journal. After graduating from in environmental law. Sachs Law Journal. Reeves presented the and Their Sources,” and “Invasions Dispatch and the Roanoke Times. Chronicle, Hartford Courant, law school, he clerked for the received his B.A., magna cum laude article with Jellum, by teleconfer- of Our Freedoms: Where Are We Tobias wrote on executive power Pittsburgh Post-Gazette, and Honorable Alvin A. Schall, U.S. and Phi Beta Kappa from Brown ence, to faculty of the Charleston Headed with Privacy Rights?” He in the Providence Journal and on Baltimore Sun, and the Associated Court of Appeals for the Federal University, a master’s in public Law School in March. was keynote speaker at Troutman detainees in the Baltimore Sun and Press, Scripps-Howard, Knight- Circuit. Cotropia was an associate affairs from Princeton University’s Sanders’ pro bono awards lunch- the Los Angeles Daily Journal. He Ridder and other services. with Fish & Richardson specializing Woodrow Wilson School of Public Shari Motro’s article “The IRS’s eon in Richmond March 20, speak- published an article on the Ninth in intellectual property litigation. and International Affairs, and his Shotgun Marriage” was published ing on “Pro Bono Service and Civic Circuit in the Washington Times, Awards His research and teaching interests J.D. with distinction from Stanford on the op-ed page of The New York Engagement.” Smolla discussed on the Vioxx litigation in National Professor Ann C. Hodges and focus on intellectual property, pri- Law School where he was articles Times on April 14, 2006. “Congress and the Judiciary: Law Journal and Jurist, and on the Associate Dean Kristine M. marily patent law. editor of the Stanford Continuing the Dialogue,” as panel BlackBerry litigation in the Henderson were named winners of Environmental Law Journal. He A. Benjamin Spencer published moderator at the American Bar National Law Journal, San Diego the Willie L. Moore Award, which is Kristen R. Jakobsen Osenga joins was with the firm Carter, Ledyard “Jurisdiction and the Internet: Association meeting in Chicago, Union-Tribune, Providence Journal presented annually by the Black the faculty as assistant professor. & Milburn in New York City, and Returning to Traditional Principles Feb. 11, 2006. Among his publica- and Jurist. Tobias’ letters to the Law Students Association. The She comes from Chicago-Kent with Foley Hoag in Boston. He will to Analyze Network-Mediated tions are book chapters: editor were published in The New award acknowledges the recipients’ College of Law where she was a teach environmental law. Contacts,” in the University of “Defending the First: Commentary York Times, Los Angeles Times, support for the association and visiting assistant professor special-

Left to right: Ann C. Hodges, Kristine M. Left to right: Henderson, Christopher A. Corinna Lain, Shari Motro, Cotropia, Kristen R. Rodney A. Smolla and Jakobsen Osenga and Carl W. Tobias. Noah M. Sachs.

10 RICHMOND LAW Summer 2006 11 Righting

rison inmates are the definition of the pariah. He agreed, and the Law School and I began our They are often despised, forgotten and ignored. journey toward this goal. For a little over a year now, I PEliciting concern for a person tried and con- have linked arms with students, faculty, lawyers, admin- victed of a violent crime is not easy in a world with sick istrators and scientists to create just such a program, Wrongs children to heal, borders to protect, markets to win and now called the Institute for Actual Innocence, IAI. election seats to occupy. The IAI is an academic program with clinical and “They all claim to be innocent,” people say, and classroom components. Its mission is to identify, inves- Seeking post-conviction justice some of them are, which tells us that not all is well in tigate and ultimately litigate cases of wrongful convic- the way we administer justice. tion in Virginia. The cases may or may not involve bio- By Mary Kelly Tate In the fall of 2004, I attended an event at the Law logical evidence. Only inmates with serious felony con- School in which Peter Neufeld from the Innocence victions and considerable time remaining on their sen- Project at Cardozo University, and Marvin Anderson, a tences, or those facing a death sentence will qualify. Virginian who had been exonerated after serving time The IAI is served by a 16-member, multidisciplinary in prison, spoke to a full house. The evening provided board of advisors, and Dr. Walter Nance, a science advi- a thoughtful foray into a tough topic. sor from the VCU/MCV Human Genetics Department. At the conclusion, something unexpected hap- The program will involve a host of local attorneys, some pened. Rodney A. Smolla, dean of the Law School, of whom have joined the board and others who have con- stood and eloquently addressed the social importance veyed their interest in assisting in other ways. of this work and shared his wish that one day the Law Our students’ first contact with the program is School would be doing its own work on behalf of through a seminar in Causes of Wrongful Convictions wrongly convicted inmates. taught each fall. This course is an introduction into the I have attended many academic events in my life, systemic, structural problems that compromise crimi- but I had never heard the leader of such an institution nal trial outcomes. This course will ground the students share a goal in quite that way. He seemed steadfast and intellectually for the work that will follow in the spring literal. I had not heard or met Smolla before, but I was semester. That work includes field-based reinvestiga- mightily impressed and very hopeful. The next day I tion and review of cases. The students perform “legal called and asked for a meeting. autopsies” on each case taken for formal investigation. When we met, I told the dean of my long interest The students will be closely supervised and will in post-conviction work. It started at the University of benefit from total immersion in the trial, appellate and Virginia Law School and continued as I clerked for habeas records of criminal cases. Judge Robert R. Merhige Jr., where I found myself The IAI is designed to carefully vet incoming drawn to habeas cases. My interest strengthened with requests for assistance from inmates in Virginia. The my appointment to a federal death penalty case, and IAI uses a 22-page questionnaire for its initial review, eventually to my work with the Richmond Public the first step in a six-phase case-review process. The Defender’s Office. I told Dean Smolla I wanted to vol- review becomes more thorough with each level. After unteer my time to help build an innocence program at the review, a few cases will be selected. The IAI retains the Law School. total discretion in this process.

12 RICHMOND LAW Summer 2006 13 RIGHTING WRONGS

Our resources—mostly law students—will be Though it was sullied by numerous inconsisten- these errors are “episodic, not epidemic.” guided carefully. Once a case has been fully investigated cies, the confession became the lynchpin of the com- The quest for mathematical certainty notwith- and deemed to have highly credible and persuasive evi- monwealth’s case against Washington. standing, many questions arise from the fact that we do dence of factual error, the students will present their Without the benefit of an experienced capital trial know that wrongful convictions happen. findings to experienced local attorneys for oversight and attorney to attack biological evidence that failed to link What is the appropriate societal response to this analysis. The IAI will then seek co-counsel to pursue lit- him to the crime, and to address competency issues, sobering reality? What is an acceptable level of error? Is igation under Virginia’s writs of actual innocence— introduce laboratory reports and expert testimony on the death penalty compatible with risk of error? And statutes promulgated, in theory, to soften the post-con- important non-biological physical evidence, and to who is responsible for faulty convictions—law enforce- viction landscape in Virginia. The writs are procedural- present a strong mitigation case at the sentencing ment, prosecutors, the courts, defense counsel or the ly onerous, so relief is not easily won. Petitions for phase, Washington’s conviction and sentence were not public? clemency may also be sought in appropriate cases. hard to foresee. There is a temptation to view the pursuit of post- In addition to the concrete and practical learning Post-conviction proceedings also were detrimental conviction exoneration as somehow the fashion of the opportunities available in the program, the IAI will to Washington’s case. moment, when, in fact, the problem resides at the heart allow students to imagine and define the role of the cit- Despite obtaining biological testing that excluded of our criminal justice system’s credibility. “ … society is slowly beginning the hard izen/lawyer. Their work will be a catalyst for self-dis- him as the source of the seminal fluid at the scene of The causes of wrongful convictions are manifold. covery as the students see how lawyers might engage the crime, Washington was time-barred by Virginia’s One of the most common problem is mistakes by eye- work of openly grappling with unassailable society. They will work together to help people at the “21-day rule.” This rule barred Washington from intro- witnesses. This realization is not new. Edwin Borchard, evidence that innocent people are, very margins of society, and they will see the challenges ducing any new evidence 21 days after trial. a professor at Yale Law School, chronicled this legal real- from time to time, found guilty of crimes and burdens that prosecutors and law enforcement offi- The only route left would be through the gover- ity in 1932 with his seminal book Convicting the cials struggle with every day. nor’s office. In 1994, after reviewing the case, then-Gov. Innocent. Borchard’s book is a needed reminder that with very serious penalties, including The IAI is an independent program connected L. Douglas Wilder commuted Washington’s sentence to scholarly and legal concerns about wrongful convictions the ultimate penalty of death.” solely to the Law School, but it informally joins a life in prison, saving Washington from execution. predate DNA, CSI and Court TV. national community of 40 or so programs doing simi- Six years later, the lawyers for Washington con- Other causes include faulty interrogation proce- government’s invest- lar work. The most famous are the Innocence Project at vinced Gov. James Gilmore, who succeeded Wilder, to dures, poor quality indigent defense, a bias toward con- ment in criminal trial Cardozo University and the program that order more scientific testing. The results of the tests firmation in criminal investigations or “tunnel vision,” accuracy. began at Northwestern’s School of Journalism. that followed led to an absolute pardon from the gov- laboratory errors and skewed discovery practices. In a time of culture Earl Washington Jr.’s case is probably the ernor on the capital murder charge. Most prosecutors are committed, good-faith, public wars, the area of wrongful con- best known case of wrongful conviction in Washington remained in prison on several unrelated servants who strive for the right outcome, but a number victions is hospitable to both the left Virginia. Its tortured history is a glimpse into charges. Finally, the Department of Corrections released of cases have been tied to prosecutorial misconduct. and the right. Conservatives and liber- the legal, political and social realities that make Washington on parole, concluding that he should have Perhaps the most promising development in the als alike are deeply bothered by the remediation of such injustices so painfully and been eligible for parole on these lesser charges 10 years area of wrongful convictions is that institutions and specter of an innocent person stripped of tragically complicated. earlier. He had spent close to 20 years in prison. public servants are starting to perceive the problem as life or liberty. Washington, a poor and uneducated With the advent of DNA technology, and in light one worthy of redress. The IAI hopes to do the hard work with a spirit of African-American, was a young man in 1984 of prominent cases like Washington’s, society is slowly Former Gov. Mark Warner of Virginia ordered a civility to identify some of the errors that occur. These living in Culpeper, Va. With an IQ around 69, beginning the hard work of openly grappling with random audit of 31 DNA cases to test for accuracy. errors not only are injustices to the lives of those false- he was prototypically susceptible to the titanic unassailable evidence that innocent people are, from Two of those 31 were found to be in error, an error rate ly convicted, but they also do grave injury to our insti- harms that can arise from deeply flawed crimi- time to time, found guilty of crimes with very serious of 7 percent. These findings led Warner to order retest- tutions and the social, political and democratic legiti-

Richmond Times-Dispatch nal investigations and the legal proceedings penalties, including the ultimate penalty of death. ing of a broad range of cases. macy that depends on these institutions. Earl Washington Jr. (above), was that follow. In a 15-year period from 1989–2003, a University Warner also showed leadership in the Roger Keith While facing the problem of wrongful convictions, freed from death row after DNA The Innocence Project and a New York of Michigan Law School professor identified 340 cases Coleman case that for so long had been at the vortex of we should remember America’s strength lies in its abil- testing led to a pardon. He had served almost 20 years in prison. law firm handled Washington’s post-conviction nationwide where prisoners were eventually exonerat- the anti-death penalty movement in the United States ity to recognize and rectify injustices. Our finest litigation. ed. Some 144 of these resulted from biological evi- and around the world. moments are when we have faith that we are strong While in custody on an unrelated charge, dence. In Virginia alone between 1982–1990, at least To the dismay of some death penalty foes, the enough to admit our mistakes. ■ Washington confessed to the rape and murder of a 11 cases of wrongful conviction have been unearthed. DNA tests Warner ordered after Coleman’s execution young mother from the area. Four additional confessions Vigorous debate surrounds what constitutes a true demonstrated that Coleman was not an innocent man Mary Kelly Tate is special assistant to the were also part of Washington’s encounter with law exoneration. Each side has different definitions and thus sent to death. But the longstanding controversy sur- dean for pro bono services and director of enforcement. Most of those confessions were quickly different numbers. Joshua Marquis, a prosecutor and rounding the Coleman case reinforced the importance the Institute for Actual Innocence at the discarded, but the real treasure for law enforcement was well-known skeptic of the attention being paid to of accuracy in criminal investigations and trials. Law School. She earned her law degree the admission that seemingly solved the case of the hor- wrongful convictions, wrote an article decrying a lack of The Warner era showed that governors have a sub- from the University of Virginia in 1991. rible rape and murder. intellectual honesty in the death penalty debate. He said stantive and symbolic role to play in strengthening the

14 RICHMOND LAW Summer 2006 15 Family values One professor’s pro bono work teaches lessons learned outside n the winter of 2003, authorities in Hanover County, Va., converged on an isolated, ramshackle house in response to a call made from a nearby home. As sheriff’s deputies the classroom arrived, six children who lived there fled into the woods. They found another, a 2-year- old, inside. By Rob Walker I Through a frigid night, authorities searched for the six children using thermal imag- ing equipment, helicopters with search beams, and rescue dogs. The next morning the children, cold and hungry, emerged from the woods on their own and were taken into protective custody. The house was primitive, with no electricity, sewage, or running water. It was later demolished on orders from the county. The children never had been enrolled in school, never had immunizations, and seldom had left the property. They had lived lives almost entirely isolated from the outside world. The father ultimately was charged with felony child neglect. The mother was “green warranted”—taken into protective custody for mental health evaluation. She had been treated previously for psychological disorders. A sheriff’s deputy described the situation as “sad, really sad.” The story was big news in Richmond, prompting an outpouring of public support for the family. Corinna Lain, an associate professor at the Law School, recalls seeing the events on the evening news. At the time, Lain had no idea she would be intimately involved in the case, her first pro bono project. Lain agreed to represent the father in a termination of parental rights action against him. “Termination of parental rights is essentially the death penalty as a parent,” Lain explains. “The parent loses every legal connection to the child, including the right to visit the child or even be informed as to how that child is doing.” It was a serious case. Whatever the outcome, she knew that a person in this man’s position needed help. By the time the litigation was finished, Lain had invested more than 500 hours pro bono in the case. “You never know up front how involved a case will be,” Lain says, “and you shouldn’t take something on unless you are willing to do the job right.”

16 RICHMOND LAW Summer 2006 17 FAMILY VALUES

In this instance, Lain knew early on that the case back to the community,” Lain says, recalling her decision plex and emotional, was even more different. I had to would require a substantial investment. There were to take on the case. “But to my surprise, the case has catch up very quickly and there was much to be done,” seven children ages 2 to 17, and each had undergone turned out to be a gift to me. It has been remarkably Lain says. multiple evaluations to assess the effects of lifelong iso- rewarding, enriching my understanding of the law and In the litigation, Lain’s position was that the court lation. The mother and father both had mental health its processes, my community connections, my teaching, should allow her client the opportunity for rehabilitation, issues. There were five other attorneys involved in the and my scholarship.” which she argued he had not yet been given. “He had just litigation, almost all of whom were against her client. Before joining the law faculty, Lain was a prosecu- begun medication two weeks before trial, and had made There was also the parallel criminal neglect case against tor in Henrico County, a subdivision of the greater substantial progress in individual therapy,” Lain says. She the father, which had implications for the termination Richmond metropolitan area. There she specialized in was shocked that no one had told her client to get coun- proceeding. On top of all that, Lain came into the liti- domestic violence and child sexual assault and abuse seling before she was involved in the case. gation late. The case had been proceeding for a year cases. “I had always hoped to go into law teaching,” “My client took steps to get mental health help the The pro bono case has when she entered the fray. Lain says, “but I wanted courtroom experience first.” first week of my representation,” Lain says, adding, these children were placed together,” she says, adding allowed Lain to bring “I knew it would be an involved case,” Lain says. As a law student, Lain was most engaged in class- “there was more work to do, but he was making “the fact that they were with a loving, Christian family examples from real-life “But I also understood the need for my involvement. es that mixed theory and practice. “I wanted to emulate progress, and I was proud of the effort.” was important to my client as well.” into the classroom. And once I learned more about the facts, I became even that,” she says, “and prosecuting in Henrico was a step Lain admits that the situation had in fact been Although she was disappointed at the outcome, more convinced of that.” in that direction. I wanted to be able to say, ‘This is neglectful, and explicitly conceded that point in the lit- Lain describes her experiences as deeply enriching. “I Since he became dean of the Law School in 2003, how it works,’ and then give my students an example igation. She explains, “This was not a case of malice, was surprised by how many different course areas the but of neglect. Everyone involved in the case, including litigation touched,” she says. “I even encountered an opposing counsel and the judge, recognized that this example of hearsay within hearsay within hearsay. Our father deeply loved his children.” law books don’t even teach that.” Of her client, Lain says, “He had issues that pre- For Lain’s research assistants, the learning experi- cluded him from reaching out for help on his own, and ence was equally enriching. Irene Wilkins, L’05, who was just doing the best he could to raise seven children recently followed Lain’s footsteps to the Henrico under extremely difficult circumstances.” County Commonwealth’s Attorneys office, worked “It was not a good situation,” she explains, “but it with Lain on the case while she was student. did not make sense to me to completely sever the ties “Being in court and watching [Lain] interact with between the father and his biological children, especial- the family and witnesses convinced me I wanted to do ly where the only personal bonds the children had were trial work,” Wilkins says. “It was one of the most valu- with their parents and each other.” able experiences I had in law school.” A “no trespassing” sign Lain understood the decision to remove the chil- “I’m fortunate to be at a place where pro bono on the front gate, phone Rodney A. Smolla has promoted a “Pro Bono Strategic worth remembering.” Practical experience struck Lain dren from the home, but explains that terminating work is valued and encouraged,” Lain says. “The com- line box, firewood pile, Plan” that “should reinvigorate [the school’s] institu- as a useful pedagogical tool. parental rights is an entirely different question. “We’re munity needs us, and I believe we need it too. For picnic table, and well (previous page) are tional commitment to encouraging pro bono service While with Henrico, Lain taught trial advocacy at not talking about where the kids are going to live; we’re everyone involved—the lawyer, the client, and the reminders that a family activity by students, faculty and administrators.” the Law School as an adjunct faculty member. She then talking about whether this man will ever have a chance community—pro bono work is a win-win situation.” once lived on the Pro bono service, Smolla says, reflects a fundamen- spent a year as a visiting professor while she made the of them living with him in the future. Will he even Lain says the experience highlighted the impor- property. tal value of the profession. It is an ethical duty of lawyers. transition from practitioner to professor. Although she have a right to see them again?” she asks. tance of legal advocacy. “In termination cases, where the It enriches one’s understanding of the legal system while could have taken a teaching position at another school, Despite Lain’s efforts, the father lost his parental stakes are high, the law is complex, and the clients are benefiting society and the Law School. It should be rou- Lain accepted an offer to stay at Richmond. “I was elat- rights, and was sent to prison for five years—a sentence often marginalized members of society, a committed tine in every lawyer’s professional life, he says. ed,” Lain recalls. “I recognized early on that this school five times the high end of the guidelines for the lawyer is a necessity,” she says. “We owe more to under- His own experience with pro bono cases has is a very special place.” charges. Lain did not represent the father on the crim- privileged members of society than we are giving.” “helped me in my legal writing, in my teaching, and Since 2001, Lain has taught evidence, criminal inal charges, but had prosecuted enough neglect cases For Lain, pro bono work turned out to be an served as a model for pro bono activity for students,” procedure, civil procedure, children and the law, domes- to be surprised by the result. investment as much as it was a gift to the community. Smolla says. tic violence, trial advocacy, and appellate advocacy “That’s quite a statement in a case that was more “The lawyers I met were wonderful, the litigation Of Lain, Smolla says, “I was particularly proud of courses. In each, she takes a practice-oriented approach. pathetic than anything, especially where the parent did was challenging and worthy, and the benefit to my her extraordinary pro bono efforts in the case. She was Because of her background, Lain was a natural not intentionally hurt the children and they were phys- teaching and scholarship is palpable,” she says. “The willing to represent a client in difficult circumstances choice for the case, which came to the dean’s attention ically unharmed,” she says. story itself is rich with legal, social and ethical issues. against formidable odds, and she conducted herself through a distinguished alumnus. Still, she confides, Lain says the only thing positive about the outcome The more unpopular the client, the greater the need.” ■ with admirable professionalism and dedication, honor- the nature of the litigation was challenging. of the case is that the children were all placed together ing the highest values of our profession.” “Prosecuting and defending are vastly different worlds, with what appears to be an ideal foster care family. Rob Walker is the editor of Richmond Law. “My initial feeling was that this was a chance to give and defending in a civil case, especially one this com- “Given the situation, it was very important that

18 RICHMOND LAW Summer 2006 19 recent posts on bankruptcy matters. It describes Spencer as “a rising star” behind “two terrific blogs.” Although many blogs welcome readers’ com- ments, Spencer’s do not inspire online dialogue. “That’s because I’m just reporting on cases and decisions without making comments or editorializing,” says the author, who says his Split Circuits blog attracts roughly 650 unique visits each day. Most likely, Spencer believes, his readers are law school faculty and a few practitioners—not to mention at least one gov- ernment lawyer who used it to help Senator DeWine Law-related blogs create make a political point. Spencer recognizes that the practice of maintain- ‘a new public forum’ ing blogs doesn’t carry the same cachet as publishing articles, which is why he reserves commentary and By Cathy L. Eberly analysis for that more traditional medium. Many other legal eagles, however, do not hesitate to express their t was a memorable moment for anyone connected to the Law School. During opinions online. A Google search for “blog” turns up January’s U.S. Senate hearings to confirm Judge Samuel A. Alito Jr. as an associ- more than 1.2 billion entries. According to a survey by Iate justice of the United States Supreme Court, one questioner dropped an blogads.com in 2004, lawyers and judges rank fourth intriguing local reference. among groups who read and post to blogs. Discussing what he described as “the incredible shrinking Supreme Court,” Ohio Sen. Mike DeWine noted that the court decides only 75 cases each term, Bloggers in the World of Practice down from almost 400 in 1976. “And one result of the court deciding fewer and Wade T. Anderson is a lawyer who finds time every day Professor A. Benjamin fewer cases is that more and more circuit splits are left unresolved,” he said. “As we to spend in the “blogosphere.” A 2002 graduate of the own blog, www.biglickreviews.com. “That’s what’s so Spencer’s blog “Split all know, a circuit split occurs [when] two or more federal courts of appeal disagree Law School and an associate in the firm Frith Anderson great about them—anyone can create a blog.” Circuits” began as a way on [an] issue of federal law.” & Peake PC in Roanoke, Va., Anderson says he monitors to keep civil procedure professors up-to-date in These circuit splits, which can be frustrating to trial judges and lawyers, have 35 blogs daily for news as well as political, financial, and Blogging in the Classroom their field. become so pervasive, the senator noted, that there is a Web site—a blog—devoted legal information. For convenience, he uses a news aggre- Richmond law professor James Gibson, an intellectual to identifying, tracking and discussing them. It is “written by a law professor at the gator—software that retrieves syndicated Web content— property and computer law expert who directs the Law University of Richmond,” DeWine said. “Hardly a week passes when at least one to organize and display updates to his favorite sites. School’s Intellectual Property Institute (IPI), believes [split] does not emerge.” “It’s a great way to keep in touch with the legal that, despite differing levels of quality, law-related blogs For those who may wonder what the senator was talking about, welcome to the world,” says Anderson, who enjoys the Southwest are valuable educational tools. world of the blog. Blog, short for weblog, is an online journal or newsletter that is Virginia Law Blog (www.swvalaw.blogspot.com), as well “It’s true that you get what you pay for,” he says, updated frequently for public consumption. The Web site DeWine was referring to as several nationally recognized blogs, including one “but there’s always something to learn from blogs. After is called Split Circuits (http://splitcircuits.blogspot.com), and the professor is A. with the titilating title Underneath Their Robes all, aspiring filmmakers can always learn something, Benjamin Spencer. (www.underneaththeirrobes.blogs.com. Please see side- even from bad films.” An expert in civil procedure, Spencer created Split Circuits and the Federal Civil bar for more blogs.) For the last six months or so, Gibson’s students Practice Bulletin (http://federalcivilpracticebulletin.blogspot.com), last fall. “Some of the blogs I read are practical, some are have been posting news stories on intellectual property “I saw a need for resources that could help keep civil procedure professors up- cerebral, and others are just plain entertaining,” issues to the Richmond IPI Blog (http://ipinstitute to-date in their field,” he says. “I’ve long received daily updates from Westlaw and Anderson says. .blogspot.com), which Gibson created. Recent student other sources on court decisions, and I decided to make this information available He believes that technology-oriented lawyers may posts discuss Britney Spears’ claim that a Korean pop immediately to my colleagues through blogs.” be more likely to read, create, and maintain blogs than singer stole one of her hit songs, as well as a move by As blogs go, Spencer’s are straightforward. He created them using a free host- those who are less comfortable with computers and high-end fashion designers to copyright their creations ing service. Every day he reviews the news and updates he has received and selects their adjuncts. He acknowledges that he did his fair in an effort to prevent discount retailers from selling one item to post to each blog. He then discusses his choices with his student share of Web surfing on his laptop while listening to cheap copies. research assistant, who posts them on the blogs. “My part of the process probably lectures as a law student. As a practitioner, he remains “This activity opens up the world of legal mystery takes about five minutes,” Spencer says. interested in all things technical. to our students and provides content that is accessible For his work, Spencer recently received notice on another blog for lawyers, “Blogs are a way for us to express our creativity,” to anyone, even those who know very little about intel- http//www.bankruptcylitigationblog.com/, which referred readers to the professor’s says Anderson, who reviews local restaurants on his lectual property,” Gibson says.

20 RICHMOND LAW Summer 2006 21 BLOGS

While in his third year at the Law School, views,” he says. “Once I learned through a Google Brandon Rash, L’06, who is also trained as an electrical search that one of my interviewers had worked on a engineer, launched his own blog to post news related to particular case, and I was able to discuss that” during law and technology. Combining abbreviations that the interview. “Occasionally I was more up-to-date on refer to his academic degrees, he called it The EEJD an issue than the practicing lawyers.” Blog (http://eejd.blogspot.com). He kept it running until the workload grew too great for him to continue. Rules of the Road “When I started finding law-related blogs, I The Law School’s Gibson believes that blogging is noticed there were many general ones, but none relat- exceptional when compared to other communication ed to my interests,” says Rash, who is a first-year asso- practices. “It’s very community-oriented and interac- ciate at Hunton & Williams in Richmond. “Creating a tive,” he says. “It’s like standing in the public square blog was a great way for me to learn legal issues beyond and speaking your mind. You can have a discussion on what I was reading about in my textbooks.” a topic of interest with people from all over the world.” According to Spencer, students not only learn While acknowledging its freewheeling nature, from posting to blogs, they also benefit from reading Gibson says that blogging is subject to informal regula- them. “I’ve had students tell me that reading Split tion by its practitioners. One of the attractions of blogs Circuits has given them ideas for papers they’ve been is the ease with which bloggers can move among sites assigned to write,” he says. to check information. Most blog authors include mate- Some students see additional benefits from blog- rial from other blogs in their posts. In addition to cred- ging. Third-year Law School student Josh Brady iting the source, they also include a link to the site from believes that the up-to-the-minute information on which they borrowed the information. intellectual property cases he developed while posting “If they don’t do this, it’s technically copyright to the Richmond IPI Blog helped him stand out in a infringement, but the real threat to bloggers is disap- sea of candidates while he was seeking a position as a proval from within the community,” Gibson says. “In patent attorney. this world, Internet credibility, called ‘net cred,’ is very “I always tried to find a way to work what I know important. Bloggers who don’t play by the rules will about current cases into the conversation during inter- soon be ostracized.” Despite pressure to maintain credibility and to post interesting material regularly so readers stay Best of the blogs engaged in this sea of information, millions of bloggers believe the future of this new technology is bright. The American Bar Association says lawyers rate these among their favorite law-related blogs Gibson predicts that, as blogging tools evolve, they will begin to feature voice and video capabilities. In the >> Ernie the Attorney >> SCOTUSblog meantime, many lawyers view blogging as an effective http://www.ernietheattorney.net http://www.scotusblog.com/movabletype/ and inexpensive way to express themselves before a “Searching for truth & justice (in an unjust News and commentary on the U.S. Supreme large number of people. world).” Court. As Brandon Rash notes, “It’s a new revolution that Ernest Svenson, who describes himself as Goldstein & Howe PC, “the nation’s only can help anyone become a publisher.” ■ “a lawyer who likes change,” a musician, Supreme Court litigation boutique,” photographer, and family man, writes produces this blog with contributions Cathy L. Eberly is a freelance writer based in Keswick, Va. from New Orleans. from unusual sources.

>> How Appealing >> Volokh Conspiracy http://www.legalaffairs.org/howappealing http://volokh.com/#contact “The Web’s first blog devoted to appellate “The finest in-depth view of legal issues on litigation.” the Internet.” Howard J. Bashman, a nationally known Eugene Volokh, a UCLA law professor, and appellate lawyer from Willow Grove, Pa., others, discuss everything from atheism posts news and analysis about appellate to academic freedom to censorship of litigation. the cartoon “South Park.”

22 RICHMOND LAW MediatorsThe

Law alumni join The McCammon Group to craft solutions to complex problems

By Joan Tupponce

ou name it, Bill Wood, L’66, has probably seen it McCammon, who has served as an adjunct faculty during his law career. Over time, a plethora of ill member at the Law School, has drawn on experts with Ytempers and hostile attitudes coupled with the connections to the Law School since the beginning, and uncertainty factor in litigation have led the University he is pleased with their dedication and hard work. of Richmond School of Law alumnus to become “evan- “They are a powerful group, very effective,” gelistic about mediation.” McCammon says. “Richmond has a great heritage. Its “There’s the lottery affect about going to court,” law school alumni are great practitioners at the bar, and he explains. “No matter how much you prepare and the people who have joined this group are terrifically feel you are ready, you never know what the judge and popular and highly skilled.” jury will do. That’s the beauty of mediation. The par- McCammon, who has an undergraduate degree in ties control their own destiny. That’s why I got into it.” psychology and a graduate degree in public policy Wood is one of seven graduates of the Law School along with his JD from the University of Virginia, had who have joined The McCammon Group, a been involved in mediation and arbitration throughout Richmond-based firm that specializes in mediation his law career. It was during those earlier years of prac- Above: (from left) E. Preston Grissom, R’57 along with a variety of other dispute resolution services. tice that he realized the need for alternative dispute res- and L’60, William H. John McCammon formed the group in 1995 after retir- olution (ADR) services in Virginia. After retiring in Ledbetter Jr., L’66, Bill ing from Wright, Robinson, McCammon, Osthimer 1993, he took a year off and studied the ADR market. Wood, L’66, Joseph E. Spruill Jr., R’55 and L’58, and Tatum, a law practice he founded after leaving “Conventional wisdom in Virginia was that alter- and F. Bruce Bach, L’67. McGuire, Woods & Battle (now McGuireWoods). native dispute resolution wasn’t needed,” he says. “It

Summer 2006 23 THE MEDIATORS

Reaching a settlement can take time, lems solved in more efficient and effective ways.” case he mediated for the group where each side had he adds. “It’s not unusual to go back and John G. Douglass, professor of law at Richmond already spent $350,000 on attorney fees. “I settled the forth with offers 10 times. The mediator and a member of The McCammon Group, sees several case in one day,” he recalls. “It was a heck of an eco- helps the parties, and the lawyers produce advantages to mediating a case. nomical way to do it. It’s a tremendous cost savings. the results themselves. The reward comes “It relieves the pressure on crowded court sys- You can’t take a large trial to court today for less than “[Mediation is] more flexible than at the end of the day—at times late in the tems,” he says. “Also, it’s more flexible than the process $100,000.” night—when the case can be brought of litigation. You can craft solutions you can’t get in a It wasn’t until the end of his career on the bench the process of litigation. You can craft together and the people leave shaking trial. And it’s confidential. You can resolve your dispute that retired Judge William H. Ledbetter Jr., L’66, began solutions you can’t get in a trial.” hands.” and not have it publicized.” to see the value in alternative dispute resolution. Since McCammon maintains that media- When he first heard about the group, Douglass felt joining The McCammon Group, he has become a “true — John G. Douglass tion is not a replacement for a trial. “It’s that the venture would turn into something impressive. believer” in the process. “All of us in mediation want to Richmond Law professor an adjunct, a shot in the arm to negotia- “John is very energetic and creative,” he says. “One see the deal done,” he says. “We try very hard.” tion,” he says. of the great rewards of being in the group is being asso- The collaboration that has taken place between The McCammon Group, the largest ciated with folks who are so experienced in the world of Virginia’s private and public sectors in the past 11 years mediation group in the state, has 45 litigation. Many have had impressive careers as judges. demonstrates the importance of mediation. “[Both sec- mediators in Virginia and five in They can bring that experience to bear as a mediator.” tors] have worked hard to address the challenges [posed Washington, D.C. There are approxi- Retired Judge Joseph E. Spruill Jr., R’55 and L’58, by increasing demands on the judicial system] and have mately 1,000 Supreme Court certified was honored to join The McCammon Group. “My wife turned things around dramatically,” McCammon says. mediators in Virginia. says that I flunked retirement,” he says, laughing. “I was widely recognized that the Virginia court system is Roughly half of McCammon’s mediators are work with the group whenever that call comes in. I usu- No. 1 in efficiency and integrity. I had to ask myself retired judges. All others with the exception of Sen. ally work once or twice a month. The cases are across ‘Why does a place like Virginia need ADR?’” Walter Stosch, R’59 and GB’84, are lawyers. the board, sort of like the cases I heard as a judge.” “I enjoyed that settlement McCammon did not arrive immediately at a clear- McCammon remembers when the initial group of Spruill’s experiences with mediation have been better than a trial. You cut answer. He concluded that there was not a strong seven began offering mediation services. “It really was rewarding. “It’s great to see people come together and demand for arbitration. Mediation, on the other hand, uncharted waters,” he says. “People didn’t know what resolve something,” he explains. “It’s a good feeling to can resolve a matter to was sorely needed. “It’s so hard to negotiate in warlike to make of it. Lawyers were uneasy. It was somewhat of know you have had a hand in getting a dispute circumstances,” he explains. “People need help and a threat to them.” resolved.” the satisfaction of all negotiation is where it’s at. I felt that mediation had a The group handled four cases during the first Joining the group was a natural fit for retired concerned.” future.” month of business in June 1995. Today, it handles Judge Donald H. Kent, R’60 and L’63. “I had respect Mediation isn’t a new concept. Think back to the about five cases a day and has a settlement rate of bet- and admiration for John as a lawyer and administrator — Judge Donald H. Kent, teachings of Confucius, who encouraged a mediatory ter than 85 percent. “We did more cases in 2005 than of The McCammon Group,” he says. “One of the R’60 and L’63 approach when resolving disputes. Mediation has been there were concluded jury trials in the state court sys- attractions was the people John had working for him.” used to help resolve labor disputes since at least 1838, tems of Virginia,” McCammon says. “We have mediat- When he was sitting as a judge in Alexandria, Kent when President Martin Van Buren facilitated a labor ed and arbitrated about $2.5 billion worth of disputes.” had used a form of mediation to resolve some cases. “I settlement. Originally called The McCammon Mediation enjoyed that settlement better than a trial,” he says. “You Retired Judge E. Preston Grissom, R’57 and L’60, Group, McCammon changed the name when he can resolve a matter to the satisfaction of all concerned.” a member of The McCammon Group, was introduced broadened the scope of the firm’s work. Along with Mediation allows the parties to be open in dis- to mediation when he was working in the juvenile and mediation and arbitration services, the group has a cussing the merits of their case and voicing their con- domestic court system in Chesapeake. “We started Federal Dispute Resolution Division and a Facilitation cerns to the other side. some mediation programs involving spouses and fami- and Training Division that works with government, “In court there are rules of evidence that restrict “The number of jury trails that take place each year in lies who were having problems,” he explains. “I could businesses, and associations. Services include facilitat- testimony but in mediation that is not true,” Kent says. Virginia has gone down 60 percent in the last decade, see where it had great potential.” ing negotiations and teaching communication and “Years ago the Virginia Bar adopted a rule of profes- in part due to mediation and arbitration.” Today, many of Grissom’s mediations involve per- management skills as well as conflict resolution and sional conduct that requires lawyers to discuss with The process of mediation is a powerful tool, he sonal injury cases and contractual and domestic disputes. negotiation skills. their clients the possibility of mediating or arbitrating adds. “It’s so rewarding. It’s a work of love, a work of In those mediations, Grissom shares with the par- “It’s all about collaboration, communicating to rather than going to court. Let them know that it is an passion.” ■ ties his thoughts on how the case is likely to play out in resolve conflict,” McCammon says. “You can apply available route they can take.” court. “Each side gets the benefit of that,” he says. those techniques in the workplace and the boardroom.” The process also allows the parties to save money. Joan Tupponce is a freelance writer based in Richmond. “During that stage each party can say things to help Other areas of expertise such as private judging are “If we settle the case, we cut off the pipeline of cost plus them feel like they have been heard, things that they on the horizon. “I believe that there are more processes the cost of a trial,” McCammon says. think are important.” emerging,” observes McCammon. “People want prob- Retired Judge F. Bruce Bach, L’67, remembers one

24 RICHMOND LAW Summer 2006 25 ALUMNI NEWS Recognizing significant alumni accomplishments

Judge Felton named the Commonwealth’s Attorneys’ He has served in various appeals court chief Service and Training Counsel. capacities with the Virginia State In 1994, he was appointed Bar, and is a member of the Judge Walter S. Felton Jr., R’66 and deputy attorney general for Commission on Virginia Courts in L’69, has been elected chief judge Virginia, heading the the 21st Century. of the Virginia Court of Appeals, Intergovernmental Affairs Division. He lives in Williamsburg. where he oversees the clerk’s office, In 1995, he was named senior staff attorneys, and a busy docket. counsel to the attorney general. Jagdmann elected In a recent interview, Judge From 1999 to 2000, Felton served to seat on SCC Felton said he felt comfortable at as counselor to the governor and the appellate court. “It fits nicely director of policy. In 2000, he was Former Virginia Attorney General with my background in academia— named the A.L. Philpott Judith Williams Jagdmann, L’84, reading and writing and research- Distinguished Adjunct Professor of has been elected by the General ing. It’s a far different life from the Law at the University of Richmond Assembly a commissioner of the trial bench.” School of Law. He taught Law, State Corporation Commission. A native of Suffolk, Va., Felton Politics and Public Policy. The term runs for six years. has led a distinguished career, In 2002, he returned to the law Jagdmann recently served as beginning in his undergraduate faculty at William & Mary and was Virginia’s 43rd attorney general, years. He obtained a bachelor’s appointed legislative counsel for taking that post when Jerry W. degree in English literature at the the college. Kilgore stepped down to run for University, where he was inducted He was elected as a judge of the governor. From 1998 to 2005, she into Phi Beta Kappa and Omicron Court of Appeals of Virginia and has was deputy attorney general for Delta Kappa. He earned his JD served in that capacity since 2002. the Civil Litigation Division. degree at the Law School, where he The chief judge also plays an Prior to joining the attorney was chancellor of the McNeil Law administrative role with the court, general’s office, she served 13 years Society and articles editor of the overseeing court functions that “can as counsel to the SCC and its staff University of Richmond Law Review. be routine,” Felton says, “but we on securities and utility matters. Upon graduation, Felton need to be efficient.” The 11 judges, The SCC acts as one of Virginia’s served four years as a captain in along with six senior judges, usually primary regulatory agencies, with the U.S. Army Judge Advocate move cases from oral argument to oversight of varied business and General’s Corps. release in 60 days. economic interests. He then entered private prac- Felton also serves as a Jagdmann and her husband, tice until 1982, when he was member of the Judicial Council Joseph V. Jagdmann, L’86, have two appointed to the faculty of the of Virginia and the Executive children. Marshall-Wythe School of Law. He Committee of the Judicial also was named administrator of Conference of Virginia.

Walter S. Felton Jr., R’66 and L’69, and Judith Williams Jagdmann, L’84.

26 RICHMOND LAW CLASS NOTES Class news, alumni profiles and events

Richmond Law magazine is looking for information on alumni policy director and chief lawyer. Key to Abbreviations School of Arts and Sciences...... A to include in Class Notes. If you have news or if you would like (See related story in Alumni News Robins School of Business...... B on page 26.) to gather and send news of your classmates, please contact School of Continuing Studies...... C us at [email protected] or Law Alumni, University of Graduate School of Arts and Sciences...... G Richmond School of Law, University of Richmond, VA 23173, The Richard S. Reynolds Graduate School 1970s of the Robins School of Business...... GB (804) 289-8028. Honorary degree...... H Ben R. Lacy IV, L’75, is a principal with Jepson School of Leadership Studies...... J University of Richmond School of Law ...... L Sands Anderson Marks & Miller. As Richmond College...... R chair of the firm’s governmental rela- 1960s Westhampton College...... W tions practice group, he concentrates on The Hon. Harvey E. Schlesinger, L’65, the life and health industry, including has been named chairman of the insurers, providers and agents. For the tion of his extraordinary public service Community Foundation in Jacksonville, past five years he has been recognized to the Supreme Court of Virginia. Fla. He serves as U.S. District Court in Virginia Business’s “Legal Elite” for his Nominated by his peers, he was recog- judge for the Middle District of Florida. work in governmental relations law. nized for his contributions to the court through pro bono representation of The Hon. Archer L. Yeatts III, R’64 and Peter J. Connors, L’76, a partner at indigent criminal defendants and par- L’67, of Henrico County General District Orrick, Herrington & Sutcliffe in New ties in child custody, abuse and neglect Court, is the grand president of Sigma York City, was elected in December proceedings. He has been in private Phi Epsilon fraternity. Sig Ep, which was 2005, to the executive committee of practice in Lynchburg, Va., since 1976. founded at the University of Richmond the New York State Bar Association’s in 1901, is the largest college fraternity Tax Section. He also was elected last Dale W. Pittman, L’76, chairs the in the country. It has more than 13,000 year to the council of the ABA Tax Consumer Section of the Virginia undergraduate members. Section and to the council of the Trial Lawyers Association. He also is International Fiscal Association, the a member of the association’s board The Hon. Walter Felton Jr., L’69, is chief leading organization for international of governors. judge of the Virginia Court of Appeals. tax professionals. A Suffolk native, he was elected to the Raymond A. Gill, L’77, a Woodbridge, intermediate appellate court by the John Randolph “Randy” Nelson, L’76, N.J., certified civil trial attorney, has General Assembly in 2002. Prior to that, was the first recipient of a new award been chosen as a “Super Lawyer” for he served as then-Gov. Jim Gilmore’s from the Virginia State Bar in apprecia- 2006 by New Jersey Super Lawyers mag- azine. Only 5 percent of all attorneys in New Jersey earn this honor. In addition, he has been named one of 2006’s “Top 10 Attorneys” in New Jersey in a poll Help secure the Law School’s long-term conducted by Law & Politics magazine. financial health He lectures frequently on innovations in demonstrative evidence and trial The University of Richmond offers many gift options tactics. He founded the firm Gill and Chamas in 1986. to those who want to include the Law School in their long-term philanthropic plans. These options provide John N. Federspiel, L’78, is the director both financial and tax rewards while making meaningful of West Virginia’s Division of Criminal contributions to the school. Justice Services, the state’s criminal jus- tice planning agency. We are pleased to work with you and your financial advisors to design an appropriate plan. Thomas R. Klein, L’78, senior vice presi- For additional information, contact Nancy H. Phillips, dent of LandAmerica Financial Group, was elected chair of Beth Ahabah director of Law Development, at (804) 289-8023 or Museum and Archives, Richmond’s [email protected]. Museum of Jewish History. Klein also is

Summer 2006 27 CLASS NOTES CLASS NOTES

ALUMNI PROFILE a member of the Spider Club Board, and Greg McCracken, L’89, joined his wife, Hampton Roads Gift Planning Council, Jeremy Sohn, L’93, is a partner at Snell he serves on the board of the Richmond Michelle McCracken, L’89, and Morris H. and is past president of the American & Wilmer in Tucson, Ariz. Business Council of the Greater Fine in the Virginia Beach law firm of Academy of Trust, Estate and Elder Law Long-term commitments work Richmond Chamber of Commerce. Fine, Fine, Legum & McCracken. His Attorneys. David A. Damiani, L’94, earned his M.B.A. practice will concentrate on claims in May 2005, from the University of for alumni couple against the U.S. government under the James M. Wilson, L’92, has joined his Michigan’s Stephen M. Ross School of 1980s Federal Torts Claims Act. law practice with David J. Stoyanoff to Business. He practices law in Alexandria, In 43 years of marriage and two law careers, form Wilson Stoyanoff in Glen Allen, Va. Va., with his brother, Tony Damiani. Michael Rigsby, L’69, and Linda Rigsby, L’81, have Phyllis C. Katz, L’82, is a member of the Ben Riggs, L’89, is general counsel at The firm focuses on small business, appreciated long-term relationships with one employment and local government Four Season Produce in Lancaster, Pa. franchising, estate planning, tax mat- David W. Hearn, L’94, is a principal at another and the Law School. team at Sands Anderson Marks & ters and business transactions. Sands Anderson Marks & Miller, where They married as teenagers in 1963, before mov- Miller. She serves on the board of LINC he serves in the firm’s risk manage- ing to Blacksburg, Va., where Michael attended (Legal Information Network for Cancer), Send your news! Hugh E. Aaron, L’93, practices with ment practice group. His practice focus- Virginia Tech and Linda went to Radford. The cou- which she founded. She also is on the Write to LawAlumni@ Healthcare Regulatory Advisors Inc., a es on defending private companies, ple had a son by the time Michael graduated. advisory board for the Massey Cancer four-lawyer firm in Glen Allen, Va. His Virginia insurers and their clients in Although he had a degree in engineering, Michael Center, is an adjunct professor at the Richmond.edu or Law Alumni, practice is focused on areas including general liability, toxic tort, products lia- wanted to study law. Linda’s father, the founder of University and serves as a faculty mem- University of Richmond Law medical coding and the Medicare pro- bility and insurance coverage cases in Farm Bureau Insurance Co., inspired him. “He was a ber of the Non-Profit Management gram. He also is president of HRAI state and federal courts. He has been businessman who used his law degree as a catalyst Program at VCU. She has been selected School, University of Richmond, Coding Specialists, a firm that provides selected by his peers for inclusion in by her peers for inclusion in Virginia intensive professional training and con- Virginia Business magazine’s list of for starting his business.” Business magazine’s list of Virginia’s sulting nationwide on medical coding Virginia’s “Legal Elite.” While Michael was in Law School, Linda earned VA 23173. “Legal Elite.” and Medicare billing compliance. In her degree in music at Virginia Commonwealth March 2005, he served on the faculty Nicole Beyer Rovner, L’94, has been University. Michael completed law school in just two Brenda L. Page, L’82, a principal at Page s for the American Health Lawyers appointed deputy secretary of natural years. “With a toddler and another one on the way,” 1990 & Associates in Richmond, was recog- Association’s Annual Institute on resources by Virginia Gov. Timothy Kaine. he says, “the pressure was on to finish school and get working.” (The nized as an advocate by the National Todd M. Lynn, L’91, is a partner at Medicare and Medicaid Payment second child, Elisabeth, graduated from the University in 1991.) College of Advocacy Achievement Patten, Wornom, Hatten and Issues. He has served as instructor or Sandra L. Haley, L’95, and her husband, Michael worked at the State Corporation Commission before Recognition Program of the Association Diamonstein. co-instructor for the Law School’s Mike, welcomed son Gabriel Lucas on entering private practice. Linda taught piano lessons for 10 years of Trial Lawyers of America. health care regulation class and recent- Feb. 23, 2006. He joins brother Ethan. until, she says, “I began to crave a little more of a challenge.” Todd Preti, L’92, is a shareholder at ly published “The Effect of Hospital Haley recently was appointed to the Michael went to work at the Virginia State Bar, where “the pay Nancy G. Parr, L’83, has been elected Midgett & Preti in Virginia Beach. His Charges on Outlier Payments Under Martinsville City School Board. was more stable.” For years, he was familiar to lawyers around the commonwealth’s attorney for the city practice includes the areas of estate Medicare’s Inpatient Prospective state as bar counsel. His responsibilities included heading the bar’s of Chesapeake, Va. planning, probate and trust adminis- Payment System: Prudent Financial The Hon. Ashley Keesee Tunner, L’95, professional regulatory department. tration, fiduciary litigation, elder law, Management or Illegal Conduct?” in was elected to a Juvenile and Domestic Linda took her turn at the Law School. John R. Bode, L’85, chairs the labor and and small business planning. He has the June 2005 Annals of Health Law. Relations District Court judgeship of the After graduation, Linda went to work at McGuire, Woods, employment department of Miller & served as an adjunct professor of law 13th Judicial District (city of Richmond). Battle & Boothe (now McGuireWoods). One afternoon a friend Martin, a full-service firm with offices at Regent University, where he taught W. Scott Magargee IV, L’93, was named stopped her on the street and told her that Crestar Bank was start- in Atlanta, Chattanooga and Nashville, classes on mergers and acquisitions. In a “Pennsylvania Rising Star” by the David J. Walton, L’95, was named a ing a legal division and needed a second in command. She made Tenn. He and his family reside in addition to serving on the executive Philadelphia-based magazine Law & “Pennsylvania Rising Star” by the the jump to the corporate world. Chattanooga. board of the Hampton Roads Estate Politics. Philadelphia-based magazine Law & For a mother, she says, the change was superb. “I wanted to be Planning Council, he is president of the Politics. In October 2005, he presented a home more with my teens, and this made it possible.” Mark Sheridan Brennan Sr., L’86, is with Vandeventer Black in Richmond. He Twenty-one years later, Linda leads the Richmond legal depart- lives in Midlothian, Va. ment at SunTrust bank, Crestar’s corporate successor. She also vol- Law alumni, faculty, and unteers for numerous organizations, including the University’s Davie Garrison, L’89, of the West staff participated in a Estate Planning Advisory Council. The University presented her Chester, Pa., firm of Gawthrop Young Grads Association with a Distinguished Alumni Award in 1986. Greenwood, participated on a panel meeting in May, where For more than two decades, Michael taught at the Law School. with two other leading experts in the they received an update on the progress of the He remained at the State Bar until February 1998. A month later, field of indoor air quality at the Intellectual Property he was back in private practice at Carrell Rice & Rigsby. Governor’s Occupational Safety and Institute. (From left) young The Rigsbys say they are astonished at the improvements at Heath Conference in Hershey, Pa., last grads vice president the school. But the sense of community has not changed. November. Co-founder and co-chair of Devon W. Cushman, L’03, “It is important for students to have those relationships,” the Environmental Law Section of the president Eric A. Gregory, Michael says. “And lawyers want to be accessible to the new folks. Chester County Bar Association, Garrison R’96 and L’02, and After all, they energize us ‘old folks.’” has made presentations and written on institute director topics such as environmental risk avoid- Jim Gibson. By Mary Gravely, W’88 ance, Superfund, agricultural pollution and environmental contracting.

28 RICHMOND LAW Summer 2006 29 CLASS NOTES CLASS NOTES

seminar, “HR/Personnel Management,” tion and transactions. She is a member of Rahman & Schettine in Richmond. Ashton Marie Jennette, L’02, and ALUMNI PROFILE at the Greater Philadelphia Chamber of of the Queens County (N.Y) Women’s The firm assists clients with collections, Andrew Christopher Harris, L’05, were Commerce Supplier Network Fall Series. Bar Association. commercial and residential real estate married on Dec. 3, 2005, at Canon An attorney in Cozen O’Connor’s matters, construction law, business law, Chapel. The Honorable L.A. Harris, Jr., Women lawyers advance Philadelphia office, his practice is con- Jonathan D. Frieden, L’97, and his wife, general litigation, entertainment law L’76, father of the groom, served as centrated on employment litigation. Jennifer, welcomed their first child, and equine law. both the officiant and the best man. through achievements Hannah Grace, on Feb. 4, 2005. An The wedding party included Amanda R. attorney at Odin Feldman Pittleman, William Woodward Webb Jr., L’98, and Beasley, L’02, Johanna E. Bragg, L’02, Just out of law school, Virginia Hackney, L’69, Save the date! Frieden recently was named to Virginia his wife, Jenna, welcomed twins William Jennifer C. Giles, L’03, and Daniel B. thought she was well prepared when she walked On October 20 and 21, Business magazine’s “Legal Elite” in the Woodward Webb III and Margaret Schy, L’05. Guests included several into an interview with a prominent Virginia Beach young lawyer category. His commen- Carson Grimes Webb on Nov. 24, 2005. other law school classmates. The cou- law firm. But before she hit the chair, her would-be the Law School will host tary on cases has been featured on ple lives in Richmond. employers told her, “Sorry. We can’t hire a woman.” NBC and CBS news programs, and he Maria De Guzman Aguila, L’99, is pro- Hackney had graduated from law school as one its annual Alumni Weekend has been quoted in the Washington gram manager of the legal council at Chris Peace, L’02, won the special elec- of three women in a class of 90. In the legal com- and Fall Gathering. This is Post, the Washington Times, on Web Jacksonville Area Legal Aid Inc.’s Fair tion in January for the Virginia House munity she was seeking to join, there were few sites and in other newspapers around Housing Advocacy Center in of Delegate’s 97th District. women lawyers. “Among big firms at that time, reunion year for the classes the county. Jacksonville, Fla. there were no women,” Hackney recalls. Over the course of the from 1956 to 2001, ending Jamie Brown Sexton, L’02, married John next three decades, she would see dramatic changes. Diana Leigh Johnson, L’97, is a partner Gregory R. Bishop, L’99, a member of the T. Sexton on March 5, 2005. The couple Hackney’s career finally began with advice from former at Bowles Rice McDavid Graff & Love in business section at Williams Mullen, has lives in Richmond where she is with T. in “6” and “1.” Join us! Richmond Law Dean William Taylor Muse. “Go down and talk to the Charleston, W.Va. been named a partner in the firm. His Michael Blanks Jr. & Associates. folks at Hunton & Williams,” he suggested. She did and she was practice focuses primarily on mergers hired as a law clerk doing research for the firm’s litigation section. Greg Golden, L’96, and Jennifer Scott Russell Nance, L’97, is special counsel in and acquisitions, and other corporate Warren Teller, L’02, joined the Richmond “It got me in the door,” she says. Golden, L’97, welcomed Blake Gregory, the tax department at Cadwalader, and securities transactions. He also pro- law firm Spinella Owings & Shaia. He Three months later, Hackney was promoted to litigation asso- who was born Dec. 15, 2005. He joins Wickersham & Taft in New York City. vides clients with general business practices in the firm’s real estate group, older brother, John. counsel and long-range planning. and represents small business and ciate, handling cases on her own and working with senior lawyers Sherrill Ann Oates, L’97, is vice presi- entertainment clients. He and his wife on bigger cases. As a female at the firm, “I was out there on my Carlos L. Hopkins, L’96, recently opened dent and counsel of Lehman Brothers Lauren M. Ebersole, L’99, is a partner at Jessie had their first child, Annabelle own,” she says. Hopkins Law Offices. His firm empha- Bank and Lehman Affiliate BNC Morris & Morris. Katherine Teller, on Aug. 23, 2005. When the first of her three sons was born, “A partner told me sizes criminal defense and general civil Mortgage Inc. of Irvine, Calif. it wasn’t possible to be a mother and be in litigation,” she says. “It litigation. Also a judge advocate in the Troy Savenko, L’99, is a partner with Robert J. Allen, L’03, has joined Strother wouldn’t have occurred to me to argue with him. That just wasn’t Virginia Army National Guard, Hopkins Steven A. Taylor, L’97, was appointed by LeClair Ryan. Law Offices in Richmond. His practice how things were done.” She moved to the corporate team, into served seven years as a deputy com- Richmond Mayor L. Douglas Wilder to will focus on complex land-use and banking and “a little health care.” Today Hackney leads the 850- monwealth’s attorney for the City of the board of commissioners for the zoning cases, Alcoholic Beverage lawyer firm’s health care team. Richmond. Richmond Hospital Authority. 2000s Control law and the representation of In 1977, Hackney became the first female partner in Hunton & children. Williams’ history. That title “was really wonderful,” she says, “but Ranakdevi Chudasama, L’97, has joined Joshua H. Rahman, L’98, James A. Timothy L. Gorzycki, L’01, is with the more importantly, it meant that I had to work even harder to prove the firm of Kossoff & Unger, which con- Schettine, R’01 and L’04, and Nhon H. firm Wayne G. Tatusko PC in Fairfax, Va. Christian B. Franklin, L’03, has been myself.” centrates on complex real estate litiga- Nguyen, L’04, have formed the law firm The firm specializes in commercial real named partner at Parrish, Houck & In the years since then, women have entered the profession in estate, finance and complex venture Snead in Fredericksburg, Va. increasing numbers, and though they are no longer a tiny minori- formation. ty, a gap remains in terms of the number of women in leadership Charlie Homiller, L’03, is the focus of an roles at law firms and elsewhere in the profession. Jennifer Kazzie, L’01, and her husband, article on representation agreements IN MEMORIAM Women will close that gap “only by achievement,” she says. David, celebrated the birth of their son, for solo practitioners in the January “Achievement takes a great deal of hard work, talent and the sup- Jake William Kazzie, on July 20, 2005. 2006, ABA Journal. A. Lewis Allen, L’62 Albert Henry “Buck” Jacoby Jr., W. Wayne Tiffany, R’63 and L’66 port of many other people.” November 6, 2005 L’74 January 6, 2005 Hackney acknowledges those who contributed to her success. February 22, 2006 R. Thomas Payne II, L’01, is an associate Kelley M. Wynne, L’03, is an associate at Among them are other lawyers and judges she has worked with, Alfred Bernard III, L’65 Earl E. Tinney, L’56 attorney general at the Office of the Spotts Fain. November 11, 2005 Conard Blount Mattox III, R’71 September 16, 2004 Attorney General at the Virginia Fair her husband, who also is an attorney, her father, who treated her and L’76 and her sister as if they were “just about the greatest things that Harry Edward Cohn, L’85 March 18, 2006 Theophlise L. Twitty, L’80 Housing Board. He is counsel to the Ralph G. Brabham, L’04, is an associate ever walked on earth,” and the women in her family, including her October 13, 2005 November 3, 2005 Virginia Fair Housing Board and with Arent Fox in Washington, D.C. Sebastian “Guy” Mazzarella, L’93 enforces the Virginia Fair Housing Law mother and her grandmother who, at 4 foot 11 inches, “was just Charles Fetter, L’42 December 4, 2005 John Thurston Wassom, L’41 in state and federal courts. James Madison Metcalfe, L’04, married about as strong and smart as could be.” February 2, 2006 January 15, 2006 Dr. Andrea Rahn, a Navy doctor, on July “I give Dean Muse full credit for my winding up here [at Marcus Duncan Minton Sr., L’66 Kelly A. Bryant, L’02, has joined Parrish, 10, 2005. He completed his judicial clerk- Hunton & Williams].” He and others on the law faculty, including John T. Green, L’49 December 3, 2005 Stephen Graham White, R’53 December 21, 2005 and L’55 Houck & Snead in Fredericksburg, Va., ship in the Circuit Court of Fairfax, Va., Harry Snead and Ray Doubles, “brought the law to life.” Nanette H. Pointon, L’83 October 9, 2005 as an associate. in August and joined his wife in Guam. Frank W. Hardy, L’50 October 11, 2005 Shortly thereafter, Jim, a Navy Reserve By Mary Gravely, W’88 November 10, 2005 Supply Corps officer, was assigned to

30 RICHMOND LAW Summer 2006 31 CLASS NOTES

ALUMNI PROFILE the U.S. Army in Afghanistan. He com- pleted his training with other Navy per- sonnel and was deployed to Translation business finds Afghanistan in February 2006.

growing market Nhon H. Nguyen, L’04, with Joshua H. Rahman, L’98, and James A. Schettine, Two Richmond law graduates have developed a R’01 and L’04, have formed the law firm thriving business in a world where business increas- of Rahman & Schettine in Richmond. ingly means dealing with different nations, cultures The firm assists clients with collections, and languages. They are providing translation serv- commercial and residential real estate ices to legal, business and other professional clients. matters, construction law, business law, The idea arose when Richard Estevez, L’95, a general litigation, entertainment law bilingual lawyer working in Washington, D.C., kept and equine law. coming across translations his law firm had pur- chased that were not up to his expectations. Rebecca H. Royals, L’04, has joined “They weren’t always professional, and they Butler, Williams & Skilling PC in cost too much,” says Estevez, whose mother hails Richmond. She previously clerked for the firm for several years. Her practice from Colombia and whose father is a native of will focus on civil litigation including Cuba. “I could see there was a market for high-qual- employment law, civil rights, insurance ity, reasonably priced translation services.” defense, and intellectual property. After beginning his career practicing interna- tional and telecommunications law, Estevez went Meredith Lowe Bolton, L’05, is with to work for SkyOnline, a McLean, Va.-based provider Hodgson Russ LLP in Buffalo, N.Y. She of telecommunications services to Latin America. In counsels public and private clients on a his work, he identified a cadre of certified translators living in Latin wide range of matters related to labor America, Europe, and the United States who were proficient in law, and employment law. She worked pre- medicine or engineering, among other technical fields. Soon, he viously with two Fortune 500 compa- became aware that he had developed a talent bank for which nies in marketing and sales. there was increasing demand. Almost four years ago, Estevez launched Trusted Translations P. Matthew Roberts, L’05, is an associ- Inc. (www.trustedtranslations.com). ate at Berkeley & DeGaetani. “Our goal is to be the No. 1 company in the world offering the finest high-volume, technical English-Spanish translation services Meredith M. Voliva, L’05, has moved to at the best prices,” says Estevez, whose business is based in Falls The Netherlands following her mar- Church, Va. “We also translate other languages including French, riage to a Dutch national. German, Italian, Portuguese, Chinese and Japanese.” Trusted Translations brings together teams of translators who Irene C. Wilkins, L’05, has joined the work from centers around the world. Henrico County Commonwealth’s The firm’s client list is a Who’s Who in international business: Attorney’s office. banks, accounting firms, investment houses, law firms and auto- mobile manufacturers—even the United Nations. Trusted Translations became a family affair two years ago when Liliana Ward, L’93, joined the company as director of opera- tions. “She’s an incredibly gifted linguist, much better at the subtle nuances of language than I am,” Estevez says of his sister, who practiced law for 10 years. “Both Richard and I started translating, as children, for my grandparents,” Liliana says. “Today, accurate and efficient transla- tions services are becoming a necessity. “In law, we argue the meaning of common words all the time,” she says. “Precision in language is crucial to all types of legal work,” and precise translations are a necessity when parties to legal proceedings speak different languages.

By Cathy L. Eberly

32 RICHMOND LAW