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ON Save the JUNE 20 Alumni Reception at the dates! N.C. State Bar Meeting, Wilmington MAY 15 THE Alumni Night at the AUGUST 20 Durham Bulls Game New Student Orientation Alumni Community JUNE 13 Welcome Event, Alumni Luncheon at Chapel Hill NCADA Annual Meeting, Hilton Head, S.C. SEPTEMBER 5 MAP Alumni Association Golf JUNE 17 Classic, Chapel Hill Alumni Breakfast at making a difference NCAJ Annual Meeting, SEPTEMBER 6 Wilmington Bluegrass and BBQ, Chapel Hill across the nation founded in 1845 PAGE 18

VOLUME 38, ISSUE ONE SPRING-SUMMER 2014 UNC Law Alumni Association Board of Directors DEAN’S MESSAGE Executive Officers Craig T. Lynch ’86, president Leslie C. Packer ’86, vice president Dear Friends: Walter D. Fisher ‘86, second vice president Last fall, Carolina Law highlighted students, faculty and alumni John Charles Boger ’74, secretary-treasurer who are making daily contributions to communities and Harriett J. Smalls ’99, Law Foundation chair individuals all across North Carolina. By helping a nonprofit Marion A. Cowell Jr. ’64, past campaign chair hunger relief corporation navigate its growth, assisting a commu- nity to create an economic development plan, and lobbying the John S. Willardson ’72, past president (2008-09) General Assembly to preserve the Governor’s School program for Norma R. Houston ’89, past president (2009-10) gifted high school students, the generous actions of Carolina Law Ann Reed ’71, past president (2010-11) alumni, faculty, and students are building, year in and year out, a Robert A. Wicker ‘69, past president (2011-12) stronger, more inclusive and more prosperous North Carolina. Yet as this spring’s issue will underscore, the influence of Thomas F. Taft ‘72, past president (2012-13) EXUM STEVE John Charles “Jack” Boger Carolina Law extends far beyond the borders of the Old North State. From the elegant offices of asset management firms in San Francisco to the handsome boardrooms of major corporate headquarters in Atlanta to the Committee Chairs conference tables at the Securities and Exchange Commission in Washington, D.C., to partners’ Campaign Committee, John Jernigan ‘67 offices high above the Manhattan harbor in New York’s finest corporate law firms, Carolina Law Advancement Committee, Scott P. Vaughn ‘86 graduates are at home, welcomed, working hard. Long-Range Planning Committee, Indeed, in every major city and center of power across the nation, and in unexpectedly remote Marion A. Cowell Jr. ’64 and interesting settings, lawyers with Carolina blue diplomas on their walls are daily applying their Alumni Engagement Committee, Kelly Podger Smith ’02 strong analytical skills, first honed in Chapel Hill classrooms, to meet the needs of demanding Nominations Committee, Alice N. Mine ‘85 clients and help shape the nation’s future. That transformative work is shouldered, in part, by our faculty, including a rising generation of younger scholars whose voices are reported in The Wall Street Journal and The New York Times, whose ideas help shape federal judicial decisions and whose presence is sought in committee rooms of Congress and federal agencies in Washington. On issues UNC Law Foundation Officers of banking law and finance, bankruptcy, civil rights, corporate and securities law, environmental Harriett J. Smalls ’99, president and chair policy, health care reform, intellectual property, international trade, media law, privacy, and tax Edwin Jasper “Jack” Walker Jr. ’69, vice president policy, Carolina Law professors are playing important roles in ongoing national debates. and chair, audit committee One of Carolina Law’s most distinctive features is the amplitude of its reach. Dedicated private John Charles Boger ’74, secretary-treasurer lawyers and public servants extend their lives and their influence into hundreds of towns and small cities across North Carolina, from the Smoky Mountains to the Outer Banks. At the same time, the school propels hundreds of its graduates into meaningful careers across the United States UNC School of Law Office and beyond. That is what truly great law schools do. What sets Carolina Law apart is an ongoing of Advancement commitment to stay true both to its state mission, annually recruiting promising young North Carolina students from every background, and to educate highly competent graduates who Kris Jensen, associate dean for advancement aspire to become distinguished judges of federal circuits, manage major law firms, or advise key T. Brandon Wright, assistant dean for advancement governmental agencies. We’re about that work every day here in Van Hecke-Wettach Hall. Louise Harris, regional director of advancement Your strong financial support as alumni, your active participation in alumni affairs and your Dana Dubis, director of annual giving exceptional willingness to mentor and employ Carolina Law students and graduates are indispens- Susan McLean, director of alumni and donor relations able elements in making this continuing miracle possible. Thank you for your faithful support. Kelly Mann, alumni and donor relations coordinator Sincerely, Rory Moore, executive assistant Jamie Frampton, administrative assistant

UNC School of Law Office of Communications Allison Reid, assistant dean for communications JOHN CHARLES “JACK” BOGER’74 Katherine Kershaw, communications manager Dean and Wade Edwards Distinguished Professor of Law Student Bar Association J.M. Durnovich, 2013-2014 president

PUBLICATION Carolina Law is published twice per year by the Office of CAROLINA LAW Communications at UNC School of Law. It is distributed to alumni and colleagues. Please update your information at www. Co-Editors ALLISON REID, KATHERINE KERSHAW law.unc.edu/alumni. Copyeditor CHRIS NELSON We continually seek content for publication. Please submit Contributing Writers JESSICA CLARKE, MICHELE LYNN, NANCY OATES AND MARK TOSCZAK alumni class notes to [email protected]. Submit stories and press releases to [email protected] or Carolina Law editor, Designer SARAH CHESNUTT UNC School of Law, 160 Ridge Rd., CB #3380, Chapel Hill, Photographers JEREMY BALES, TODD BENNETT, STEVE EXUM, GARRETT HUBBARD, ALISON YIN, DONN YOUNG NC 27599. For more information, call 919.962.5106. Research Assistant NEAL INMAN 12,500 copies of the magazine have been printed at a cost of $10,845. 2 SPRING-SUMMER 2013 CAROLINA LAW CONTENTS

VOLUME 38, ISSUE ONE SPRING-SUMMER 2014

School News 2

Faculty & Research 9

Center News 12

Alumni News 15

Donor Profile 28 ALISON YIN ALISON Class Notes 29 COVER STORY ON THE MAP 18 Faculty Books 34 Faculty and alumni make an impact across the nation. Above: Deepa Damre ’00, managing director at BlackRock Inc. in San Francisco. Cover photo by Steve Exum Parting Shots 35

FACULTY & RESEARCH 9 Lau research finds support for same-sex marriage in Hong Kong. MARK YOUR CALENDARS! UNC Law Alumni Association Scholarship CENTER NEWS 12 Ted Shaw appointed director of UNC Center for Civil Rights. GOLF CLASSIC LOOKING BACK 26 Students learn legal history, critical thinking and research skills Friday, in Professor Al Brophy’s seminar. Sept. 5, 2014 VOICES 36 Richard E. Myers II ’98 shares how defending Wen Ho Lee made him a better prosecutor and teacher. SCHOOL NEWS

CDO Program Helps Students Connect with Alumni

IT’S ONE THING TO GET A JOB Students who have participated say it gave them new insights straight out of law school, into how they might build a career in a specialty area that but another thing to build a interests them. Valerie M. Hughes 2L met with Richard Minor meaningful legal career. ’88. “He has a background in international tax, and that’s UNC School of Law’s Career something that I’m interested in,” she says. Development Office (CDO) His experiences and career path helped her understand the has launched a program that differences between working at a firm and working in-house, pairs students with practicing and also helped her think about her career from a different attorneys to give them a head perspective. start on that career building. “It’s good to sort of take some time to think longer term about “A lot of (our) career pro- general career path opportunities,” she says. grams are necessarily geared McKenna says another of the benefits for students is a chance to large audiences,” says to start to build a network of legal contacts outside the law school. Shawn McKenna, director of In Hughes’ case, her contact with Minor has even led to an idea Edward Marshall ’02, chief counsel employer outreach. “This is an for a potential summer project on a particular area of tax law. and compliance officer at Developing attempt to provide students Participating attorneys say the program is a chance for them World Markets, met with students as part of a new CDO program. with an opportunity to really to reconnect to the School and connect to law students who are have a one-on-one interaction still figuring out what kind of career they want. with an attorney in a practice area that might interest them.” “One of the things that attracted me about this idea was A small group of students — typically 20 or fewer — gets a to offer students a different perspective from someone who chance to have lunch with the attorney. Then, six students each pursued a legal career in international law,” says Edward have opportunities to spend 30 minutes one-on-one with the at- Marshall ’02, chief counsel and compliance officer at Developing torney after that, during which they can learn how that particular World Markets. attorney’s career developed. Marshall said all of the students he met with followed up with “We basically sell it to the students as an opportunity to listen him afterward, and in one case he was able to help connect a to this person’s story and an opportunity to pick their brain,” student with a law firm for a summer associate’s position. McKenna says. “I was also impressed by their focus and the fact that they had The school held three such sessions in the fall of 2013, and carefully considered what their career interests might be,” Marshall more are planned for the spring. The CDO will also experiment says. “They knew the questions to ask and I think that will also with doing a session via Skype. help them get to where they want to be.” —Mark Tosczak

Corporate Lawyers Gather at Dan K. Moore CLE Program in Ethics

THE DAN K. MOORE PROGRAM IN ETHICS was held at the UNC of Psychology and author of Positivity and Love 2.0, on how to Center for School Leadership Development on Oct. 4, 2013. The reduce stress and enjoy life more; and a review of professional continuing legal education program is dedicated to the legacy of responsibility issues commonly faced by business lawyers. professional ethics left to us by the distinguished life and work Program panelists included two in-house counselors — Robert of Dan K. Moore, former governor of North Carolina and 1929 J. Johnson, general counsel for BB&T, and Fenita Morris-Shepard, graduate of UNC School of Law. litigation counsel for LabCorp. They were joined by David Goldman The event addressed a variety of ethical issues of interest to of McDermott Will & Emery; Edward C. Winslow III of Brooks, corporate lawyers, both in-house counsel and attorneys in private Pierce, McLendon, Humphrey & Leonard; Barbara L Fredrickson practice. The topic was “The Changing Model of Legal Service of the UNC-Chapel Hill Psychology Department; Greg McPolin of Delivery in the ‘New Normal’.” The day offered: a discussion of Pangea3; and UNC School of Law’s Bernard A. Burk. Burk, along the changing demographics of law firms and the implications with UNC’s Thomas Lee Hazen, Cary C. Boshamer Distinguished for training new attorneys; an examination of expectations of Professor of Law, and Lissa L. Broome, Wells Fargo Professor of in-house counsel regarding training of their own lawyers and Banking Law and director of the Center for Banking and Finance, expectations regarding lawyers from firms representing the were co-planners of this year’s program. organization; an exploration of new methods of legal services This program provided four hours of ethics/professional delivery, including the pricing and service structure; a presenta- responsibility continuing legal education credit, and was aimed tion about Pangea3, the leading legal process outsourcer; a talk specifically at lawyers who regularly advise corporate clients. by Dr. Barbara L. Fredrickson, Kenan Distinguished Professor

2 SPRING-SUMMER 2014 UNC Hosts Fourth Circuit Court of Appeals

UNC SCHOOL OF LAW hosted a panel of judges from the United States Court of Appeals for the Fourth Circuit on Sept. 20. The judges heard oral arguments in two cases in the law school’s Graham Kenan Courtroom. Students and faculty were invited to join the audience, and crowds overflowed into an adjacent classroom, where proceedings were telecast via closed circuit. After the proceedings, the judges and clerks took questions from the audience and held a session for students about the operations of the Court. “Few of our students get to observe cases at this level,” says Dean John Charles “Jack” Boger ’74. “The Court’s presence provided a wonderful learning opportunity for our students. We are very grateful to have hosted the proceedings in Van Hecke-Wettach Hall and hope the Court might be open to holding court here https:// again in the future.” vimeo.com/ The day’s events ended with a reception honoring 79202794 former law school dean and Judge J. Dickson Phillips Jr. ’48 at the Carolina Inn. At the event, Judge J. Harvie Wilkinson, current judge on the Fourth Circuit, interviewed Judge Phillips about the inner workings DONN YOUNG of the Court and his contributions to Fourth Circuit Judge J. Harvie Wilkinson interviews Judge J. Dickson Phillips Jr. ’48 about his contributions to Fourth Circuit jurisprudence. jurisprudence.

Harkey 3L Wins Writing Competition for Paper on Copyright and Art

IT’S ONE THING TO CREATE VISUAL ART. It’s a different matter Copyright law focuses on issues of to protect original artwork by copyright law. And the nuances of autonomous creativity, originality and what originality that are common in contemporary art further complicate exactly constitutes art. But contemporary art the issue. practices — such as using everyday objects The resulting conflict between art and copyright may never be in artwork — complicate the law’s essence. resolved, but the issue has been illuminated in a paper, “Copyright’s “Postmodern and contemporary art Identity Crisis in the Reflection of Contemporary Art,” written by UNC practices unhinge the central components

School of Law student Lauren Harkey 3L. The paper won first place CAMPELL ROBERT that determine copyright’s legal protection. in the 2013 student writing competition sponsored by the Lawyers’ Lauren Harkey 3L The resulting crisis is copyright law’s Committee for Cultural Heritage Preservation. inability to protect many current visual The paper, written for Harkey’s independent study with Laura N. art practices. The paper discusses the incompatible ideologies Gasaway, Paul B. Eaton Distinguished Professor of Law Emeritus, behind copyright law and contemporary art, and the resulting ten- examines the tension between art and the law and discusses sion between art and the law through an analysis of the statutory whether the conflict can be resolved. requirements of authorship, originality and fixation,” Harkey says. “It is a great feeling to receive recognition in an area of law “The paper concludes with a discussion of how to address, if at that I really enjoy and one that allows me to utilize my art history all, this conflict that unsteadies the core of copyright law.” background,” says Harkey, who has a master’s degree in modern and As with art and copyright law, the originality of Harkey’s subject contemporary art from the University of Glasgow. and concepts was a key criterion in the competition’s judging. The The 30-page paper expanded on some of the theory that Harkey panel also assessed the quality of analysis and persuasion, ability learned in her master’s courses. to think critically and citation of authorities. The award carries a The UNC School of Law independent study was essentially a $1,000 prize. continuation of the art law class that Harkey took with Gasaway, who Harkey says she may consider pursuing art law after she gains encouraged her to submit the paper for the competition. experience in general practice. —Jessica Clark CAROLINA LAW 3 SCHOOL NEWS

A Shared Community: Spotlight on the Hispanic/Latino Law Students’ Association

MEMBERS OF Carolina Law’s Hispanic/Latino Law Students’ “My passion for the community and culture inspired me to join Association (HLLSA) participated in a naturalization clinic hosted and then ultimately become president of HLLSA,” says Leslie by the National Association of Latino Elected and Appointed Puzo 2L, who is from Miami but spent much of her childhood in Officials and the N.C. Advocates for Justice last October. The the Dominican Republic. “And that same passion inspired me to clinic was part of a nationwide campaign called “Ya Es Hora,” help share the culture with the rest of UNC School of Law.” which focused on helping immigrants register to vote. The mission of HLLSA, which was founded in 1997, is to In February and March, HLLSA members worked as interpret- promote a sense of community within the Latino student ers and translators at the UNC School of Law Volunteer Tax population at Carolina Law. As part of that mission, organization Assistance clinic, so the group could open up its free tax members develop educational, social and political programs that preparation service to Spanish speakers. enhance the education of the Carolina population as a whole. These are just a couple of the outreach activities that keep HLLSA In addition to pro bono work this spring, HLLSA members members busy even after they are done studying for the day. also participated in networking and academic extracurricular activities. The group sponsored a team to travel to the Uvaldo Herrera National Moot Court Competition March 19-22 in Orlando, Fla. The group raised money for the trip in part by bringing a little Latin spice to the lunch hour at Carolina Law — they sold Chilean empanadas, rice and beans, while playing salsa music. A major focus of the group is to serve as a resource and support system for Hispanic and Latino students during their time in law school. “To me HLLSA means a sense of togetherness,” says Cassandra Capote 2L, who came to UNC from Miami. “In a foreign school and a foreign state, HLLSA is a link to home and family while providing a close-knit support group. HLLSA provides information, friends and Members of HLLSA’s 2013-2014 executive board, from left, Catherine Perez 2L, Gabby Johnson 2L, Leslie Puzo 2L, Andrea Solorzano 2L, Cassandra Capote 2L, Leah Arnold 2L and Emily Rojas 3L. help to those who want it.”

Public Interest Summer Grant Program Expands for 2014 Each year the Carolina Public Interest Law In an email to law school students in 2014, we are happy to announce that the Organization (C-PILO) awards summer grants mid-February, Dean John Charles “Jack” Boger law school is able to nearly double the to students who take unpaid or low-paying ’74 announced a significant one-time increase funding available for our Summer Grant public interest or public sector jobs. Since 2008, in public interest grant funds for summer 2014 Program this year,” Boger said in his both C-PILO fundraising and generous private internships. “In recognition of the importance announcement. endowments devoted to summer internships of such work experience and of the continuing In 2013, the grant program awarded have been supplemented by funding from the tight market for paid summer internships in more than $292,000 to 85 first- and School of Law administration. second-year students. In 2014, the award

4 SPRING-SUMMER 2014 NEAL INMAN Members of the 2013-2014 board of the North Carolina Journal of International Law, with panelists from the symposium in January.

North Carolina Journal of International Law and Commercial Regulation Hosts Symposium on International Security

WHILE IT HAS BEEN MORE THAN A DECADE since the United military officers, and the International Red Cross. States declared a “Global War on Terrorism,” the legal, military and “Each speaker brought novel ideas to their respective panels diplomatic consequences of this conflict are still being explored and contributed to an engaging discourse on emerging issues in and debated. New struggles nearly unimaginable a decade ago, the law of armed conflict and international security,” says Sarah such as the use of cyber warfare as a tool for both state and Colwell 3L, who organized the event as symposium editor for ILJ. non-state actors, continue to emerge as pressing issues for “The speakers challenged one another and were challenged by policymakers. questions from attendees, which in turn allowed us to delve deeper The North Carolina Journal of International Law and Commercial into the dynamics and to gain a better understanding of points of Regulation (ILJ) explored these issues in-depth at its 2014 an- conflicting perspectives on our subtopics,” Colwell says. nual symposium, “Navigating the Fog of War: Emerging Issues in Discussion topics included the future of the law of armed conflict, the Law of Armed Conflict and International Security,” held at the understanding terrorism through a criminal paradigm, prosecuting William and Ida Friday Center for Continuing Education on Jan. terrorism, and cyber warfare. 31. The daylong event focused on the continuing legal challenges “I thought they put together an amazing list of panelists who and issues that face American and international attorneys and covered technology-related issues, policy-related issues, and very policymakers in the struggle against global terrorism. practical views of what is happening at Guantanamo,” says Richard Around 70 law students, professors, undergraduate ROTC mem- E. Myers II ’98, associate dean for student affairs and Henry bers, military attorneys and other legal practitioners attended Brandis Professor of Law at UNC School of Law. Myers spoke at the symposium, which featured speakers and panel discussions the symposium on his experiences as both the prosecution and from around the country. Speakers included Professor Eric Talbot defense in handling confidential information. Jensen of the J. Reuben Clark Law School at Brigham Young “It was a credit to the students and a credit to the help they got University and Professor David H. Schanzer of the Duke University from Professor [Scott] Silliman, who helped recruit some of those Sanford School of Public Policy. Panelists included professors folks, that they were able to recruit the level of panelists that they from Carolina Law and other law schools, current and retired had,” Myers says.

amount will be increased to $500,000, which could grants, which, in addition to supporting to enter an increasingly competitive benefit more than 160 students. As part of this year’s public sector and public interest positions, job market.” expanded grant program, the maximum award to also pay students who serve as faculty Learn more about the summer grant each student will be increased from $3,000 to $3,500 research assistants or as interns for one of program at www.law.unc.edu/career/public/ and will include, for the first time, grants to support the school’s centers. “This year’s expansion summergrants. certain judicial internships. of the program underlines our commitment “UNC School of Law has historically offered one to ensure that Carolina Law students leave of the most comprehensive support programs for our hallways confident and well-prepared summer public interest work,” Boger said of the CAROLINA LAW 5 SCHOOL NEWS

Trial and Moot Court Teams Enjoy Success at Competitions

Negotiation Team Has Historic Performance at ABA Regional Competition

UNC SCHOOL OF LAW’S Holderness Moot Court American Bar Association (ABA) Negotiation Team had its strongest showing in many years at the ABA Regional Negotiation Competition Nov. 2-3 at Emory University School of Law. Team members included 3Ls Esther T. Earbin, Michael R. Frongello, Michael B. Shapiro and Alexandra E. Suarez. In the preliminary rounds, Earbin and Shapiro BROUN NATIONAL TRIAL ranked third out of 22 teams. They narrowly missed winning an invitation to the national competition in the semifinal round. TEAM HOSTS TEXAS “Our team did well, especially considering how UNC’s negotia- tion team has done historically,” says team coach Aaron Harmon, clinical assistant professor of law and member of the Writing and YOUNG LAWYERS Learning Resources Center. “We are more competitive now with the recent changes to the Holderness program, including tryouts ASSOCIATION REGIONALS in the first year of law school and a more comprehensive skills training program.” The UNC Broun National Trial Team co-hosted, with Harmon works closely with the negotiation team to provide North Carolina Central University School of Law, the resources and tips, and the team practiced two to three times Texas Young Lawyers Association (TYLA) Regional a week leading up to the competition. The students’ hard work Mock Trial Competition Feb. 7-9 at the Durham paid off, according to Harmon. “Our institutional memory doesn’t County Justice Center. UNC sent two teams of 2L go too far back, but this could very well be the best negotiation students to compete: the team of Samera Beshir, competition performance that UNC has ever had.” Hailey Bunce and Veronika Sykorova, and the team “We had a really strong negotiation team this year,” Earbin of Dave Fitzgerald, Michelle Markham and Jonathan says. “I’ve worked with very few groups that communicated as well as we did. We Williams. strategized, practiced and focused on doing Fitzgerald, Markham and Williams advanced to the our best. The UNC team stood out overall final round of competition, in which four teams vied because we established a good relationship for two slots at the finals. Based on scoring, with with all of our competitors. This allowed us very close ballots, they tied for third in the region to go into each competition as colleagues, among 26 teams, just missing out on advancing. not adversaries, trying to get the best

ROBERT CAMPELL ROBERT outcome for our ‘client.’ It was great Esther T. Earbin 3L preparation for a career as an attorney.” “The UNC team stood out overall because we established a good relationship with all of our competitors. This allowed us to go into each competition as colleagues, not adversaries, trying to get the best outcome for our ‘client.’” — ESTHER T. EARBIN 3L 6 SPRING-SUMMER 2014 2L Client Counseling Team Wins Regionals

THE UNC SCHOOL OF LAW 2L Client Counseling Moot Broun National Trial Team Edged Court Team, consisting of Katie Varner and Teresa Out in Final Round of Competition Heath, won the American Bar Association’s (ABA) THE UNC BROUN NATIONAL TRIAL TEAM (BNTT) hosted its annual Regional Client Counseling Kilpatrick Townsend 1L Mock Trial Competition Jan. 16-19 at UNC Competition held Feb. 8 School of Law. This year, 48 teams signed up to compete, more at UNC School of Law. As than any previous year. The UNC team, consisting of 1Ls Michael regional champions, Varner Cohen, Taylor Goodnight, Eric Hinderliter and Joseph Shuford, and Heath will advance to 2L Client Counseling Moot Court participants, from left, Britney Peguese 2L, advanced to the final round to face a team from Duke in a unique the ABA’s National Client Laura Kastner 2L, Teresa Heath 2L, Katie spin on a classic rivalry. Counseling Competition. Varner 2L and Professor O.J. Salinas. The hallmark of the competition, sponsored by Kilpatrick UNC was the only law Townsend & Stockton LLP, is that only 1Ls are permitted to school to advance two teams to the semifinals. The 2L team of compete and the teams are prohibited from having individual Britney Peguese and Hannah Choe advanced to the semifinals coaches. Trial Team faculty advisor Richard Myers II ’98, of the competition. The success of the Client Counseling Moot associate dean for student affairs and Henry Brandis Professor Court teams marks the fourth time in four tournaments this of Law, offered the UNC teams two group training sessions year that UNC Law School’s Holderness Moot Court teams have on various trial elements. Otherwise, the trial preparation is advanced into elimination rounds. conducted independently. “Congratulations to all of these competitors, and to 2Ls Kris Attorneys Justin Howard ’03, Richard Botwright ’04, and Chad Caudle and Laura Kastner who helped prepare both teams,” Hansen ’04 presided over the final round. The team from Duke Donald Hornstein, Aubrey L. Brooks Professor of Law and edged out UNC to become the 2014 Kilpatrick champions. Holderness Moot Court faculty advisor, said. “And of course a This is the first time in several years that a team from UNC big thank you to their faculty coach, O.J. Salinas, to Demitra advanced to the final round. “The 2014 Kilpatrick Townsend Sourlis 3L, the Holderness Associate Chief Justice in charge of 1L Mock Trial Competition was one of the most successful in organizing our School’s ABA Regional Finals, and to our many recent memory,” says Scott Holder 3L, BNTT vice president. faculty who volunteered at the event. We heard nothing but “This is because of the hard work and tremendous skills compliments from competitors and attorney-judges about how displayed by all of the 1L participants.” well-run the tournament was.”

UNC School of Law hosted the 37th annual J. Braxton Craven Jr. Memorial Moot Court Competition Feb. 19-22. Teams made their appellate arguments to a panel of three federal circuit judges (center) comprised of The Honorable William L. Osteen Jr. ’87, U.S. District Court, Middle District of North Carolina; The Honorable Marjorie Rendell, U.S. Court of Appeals for the Third Circuit; and The Honorable Albert Diaz, U.S. Court of Appeals for the Fourth Circuit. The Craven Bench students, from left, Ashley Berger 2L, Julia Welch 2L, David Lambeth 3L, Hannah Tedder 2L,Samantha Thompson 3L, Nicole Daniels 2L, Matthew T. Henry 2L, Laura Kastner 2L, Kenneth Jennings 3L, Kaitlin Powers 3L, Christopher Dwight 2L, Cowden Rayburn 3L and Aldo

MARK WEIDEMAIER Rodriguez 3L.

CAROLINA LAW 7 SCHOOL NEWS N.C. Law Review Hosts Symposium on Health Care Reform WHATEVER IMPACT THE PATIENT PROTECTION and Affordable Care Pro Bono Launches New Act ultimately may have on Americans, the legislation, also known as ObamaCare, won’t change one feature of health care that all ‘Fall Breakthrough’ Event patients, providers, regulators and payers face: the necessity to make decisions. FORTY-SIX UNC SCHOOL OF LAW STUDENTS, mostly 1Ls, spent But the Affordable Care Act’s reforms will change the challenges their fall break, Oct. 17-18, participating in a new project called inherent in making health care choices and increase the complex- “Fall Breakthrough.” The new program, launched by the student-run ity involved. Pro Bono Program at UNC School of Law, engages students in pro The North Carolina Law Review’s 14th annual symposium, bono work in central North Carolina and encourages them to think “Health Care Decisions in the New Era of Health Care Reform,” critically about unmet legal needs in the state of held at Kenan-Flagler Business School on Oct. 4, 2013, highlighted North Carolina. the challenges and possible solutions in making decisions as a Students worked with supervising attorneys from Legal Aid of result of the Affordable Care Act. North Carolina (LANC) offices in Durham, Pittsboro, Greensboro About 125 students, scholars and local attorneys attended the and Fayetteville. Through the Greensboro and Fayetteville Navigator symposium, which featured 10 panelists from around the country, Projects, some students assisted LANC in enrolling clients for including Dr. Anne Drapkin Lyerly, associate professor in the health insurance within the healthcare exchanges that are being Department of Social Medicine at UNC School of Medicine. The implemented as part of the Affordable Care Act reforms. Other attendees included representatives from UNC’s School of Public students worked to expunge criminal records at an expungement Health. Topics focused on decision-making related to patient health clinic. Students also assisted at the LANC Domestic Violence Clinic care, insurance coverage and cost, and regulatory issues, as well as to help complete domestic violence cases. broader implications for health law and policy. All of the projects provided students with meaningful opportunities “We had great attendance and very good presentations. Each to develop their interaction skills through actual client contact. panelist who presented is well-known in this field. Putting the “Participating in Fall Breakthrough was my first pro bono experi- scholars together in one room resulted in a great event,” says ence and by far one of the best ways to spend my long weekend,” Laura Nawrocki Krcmaric 3L, who organized the symposium with Erin Ball 1L says. “Interacting with clients that truly needed Anna Hartzog Tison 3L. all of our help was refreshing in the middle of the semester.” “The highlight of the symposium was allowing academics and “It was inspiring to see so many students, many of whom had practicing attorneys to engage in dialogue in an interdisciplinary never participated in pro bono before, choose to help meet unmet event,” Krcmaric says. “Many of the panelists had both law and legal needs in Chapel Hill on their days off,” says Gabriel Kussin medical degrees, and they could fluently explain the medical and 2L, one of the team leaders for Fall Breakthrough and a 2L Class legal aspects of changes in decision-making.” Coordinator for the UNC Pro Bono Program. “A distinct highlight of the symposium was the interdisciplinary The event’s organizers were pleased with the level of student legal, medical, and public health perspectives offered by the enthusiasm for the new project and hope to make it an annual speakers, which led to deeper exploration of key issues,” say Joan tradition. Krause and Richard Saver, faculty co-chairs of the symposium. “It was very heartwarming to see the efforts of the Pro Bono Panelists’ pieces will be published in the symposium edition of the Program so thoroughly welcomed by our students, our community Review in May 2014. —Jessica Clarke partners and the clients,” Munashe Magarira 3L says.

Pro Bono Winter Break Trip 2013

Twenty-one Carolina Law students logged 676 hours of pro bono service during a winter break trip to Cherokee, N.C. Students held a free civil legal clinic in Cherokee and worked with Pisgah Legal Services as health care navigators to help people sign up for health insurance.

8 SPRING-SUMMER 2014 FACULTY & RESEARCH

Lau Research Finds Support for Same-Sex Marriage in Hong Kong

hen the bus system in Hong Kong broadcast the results However, lawmakers often are swayed by what their constituents of his social science research study on its in-vehicle think. Recently, the chair of Hong Kong’s Equal Opportunity WTVs, Holning Lau knew he had struck a chord. Lau, a Commission suggested that if Hong Kong was not yet ready for comparative law professor at UNC School of Law, teamed up with same-sex marriages, the government should consider compromise the deputy director of the Centre for Comparative and Public Law solutions such as civil unions. at the University of Hong Kong to measure public opinion on “Hong Kong is similar to other parts of the world in that most same-sex marriage and couples’ rights. The results of the survey he same-sex couples would much prefer marriage over a compromise helped design revealed strong support across Hong Kong for same- solution,” Lau says. “Marriage matters. But even without the label sex couples to have rights that married couples enjoy: visiting their of marriage, compromise solutions would go a long way to protect partner in the hospital when only family members are allowed, couples’ rights.” inheriting property without a will, and being allowed to sue if their Lau travels to Hong Kong regularly. In the spring of 2012, partner suffers a wrongful death. during a pre-tenure leave from UNC, he was a visiting fellow in The news received broad coverage in both English- and the Centre for Comparative and Public Law. There he connected Chinese-language press. with co-author Kelly Loper and completed the background work “This work is not confined to an ivory tower,” Lau says. “The for the study. They later designed the study with survey method- findings of our report improve the public discourse in Hong Kong ologist Charles Lau from RTI International, a nonprofit research on gay and lesbian rights.” institute based in North Carolina. The University of Hong Kong’s Lau’s study showed that fully three-quarters of the public Social Sciences Research Center conducted the telephone survey; believes that same-sex couples should have at least some of the 98 percent of the surveys were done in Cantonese and the others rights married couples have; a quarter of the public fully supports in English. A grant from the University of Hong Kong covered same-sex couples being allowed to marry, with another 12 percent most of the cost of the study; Lau used his professional develop- leaning toward that sentiment. ment allocation from UNC School of Law to fund the balance. “One reason we conducted this study was that all of the research The Hong Kong government contends that same-sex marriage in Hong Kong prior to our study focused on marriage rights, is highly controversial and points to the lack of majority support telling only part of the story,” Lau says. “As legal scholars, we knew for legalizing such unions. Lau and his co-authors note that public a broader set of questions that could be asked. We decided to study opinion should not be the deciding factor; nevertheless, if the public opinion on a government intends to base legislation on public opinion, Lau’s broader set of rights.” survey shows public support for protecting same-sex couples’ rights Other than a domestic through a compromise solution short of marriage. violence law that extends The survey is part of a larger research project Lau is conducting to same-sex couples, on public opinion in Hong Kong about other sexual orientation Hong Kong has no legal matters. His telephone survey probed a number of issues and recognition of gay unions. found that the number of gays and lesbians living openly has Courts are not supposed increased dramatically since 2005, the last time such a survey was to take public opinion done. He also discovered that contact with gays and lesbians is a into consideration in their strong predictor of people’s willingness to accept gay rights. In constitutional rulings. fact, the reason women and young people in Hong Kong are more After all, the role of the supportive of gay rights seems to be linked to whether they are courts is to uphold rights more likely to have contact with openly gay people. that majority opinion “The implication for gay rights advocates is that the human Holning Lau has attempted to quash. element makes a difference.” —Nancy Oates

CAROLINA LAW 9 FACULTY & RESEARCH

“[She] has made life better for countless law students and academic success professionals. In so doing, she has enriched the legal community, not just regionally, but nationally.”

STEVE EXUM STEVE McKinney Wins AALS Award Ruth Ann McKinney he Association of American Law Schools’ (AALS) Section In the mid-1990s, McKinney’s book “Legal Research: A Practical on Academic Support Award was presented to Ruth Ann Guide and Self-Instructional Workbook” was at the forefront T McKinney, clinical professor of law emeritus and former of recognizing the connection between law student success and director of the Writing and Learning Resources Center at self-regulated learning. She is also widely recognized for her books, UNC School of Law, during the 2014 AALS meeting in New York “Reading Like a Lawyer: Time-Saving Strategies for Reading Law Jan. 2-5. Like an Expert” and “Core Grammar for Lawyers.” The section award recognizes an individual who has made “I know I speak for myself and many others in recognizing Ruth “significant or long-term contributions to the development of the as one of the many ASP professionals who tirelessly mentor those just field of law student academic support.” starting their careers in Academic Support,” said Louis N. Schulze Jr., According to one of the nominations for McKinney, “[She] has professor of law and director of academic support at New England Law made life better for countless law students and academic success School and chair of the AALS Section on Academic Support. “Ruth’s professionals. In so doing, she has enriched the legal community, not dedication to supporting new colleagues is emblematic of the essence of just regionally, but nationally.” our wonderful community. This award is truly well-deserved.”

Hornstein Participates in Campus Faculty Panel to Celebrate University Day

onald T. Hornstein, Aubrey L. Brooks Professor of Law, by music professor was chosen as one of only a few select faculty members Terry Rhodes, Dto participate in a panel discussion in celebration of showed that the University Day 2013. To showcase some of the people and theme is accom- programs making an impact on significant issues, both in North plishing both. Carolina and around the globe, the University held three faculty- “One thing led academic panels Oct. 11, the day before Carolina celebrated about water is that its 220th birthday and installed Carol L. Folt as its 11th chancellor. it is notoriously Folt wanted to convene the panels to shine the spotlight on fluid,” Hornstein Carolina research and some of the faculty and students who make said during the

it possible. EXUM STEVE panel discussion. “It Hornstein sat on a panel discussing global water issues. The Donald Hornstein crosses conceptual campus-wide “Water in Our World” academic theme was boundaries, it crosses physical boundaries. It crosses international launched in 2012 to inspire interdisciplinary research and spark boundaries, presenting some of the most intractable problems across new thinking around water issues. The panel discussion, moderated public policy and science that exist.”

10 SPRING-SUMMER 2014 Nichol Honored with UNC Faculty Award

ene Nichol, Boyd Tinsley Distinguished Professor of Law traveled the state with leaders of and Director of the UNC Center on Poverty, Work and non-profits and church groups GOpportunity, received the 2013 Thomas Jefferson Award to bring public attention to areas from the UNC-Chapel Hill Faculty Council Oct. 1. of poverty in North Carolina. “Through his work with the center, and through his written “I consider the Thomas and spoken public testimony, he has done more than any other Jefferson Award to be one of academic figure in recent days to publicize the plight of the poor the most prestigious awards in North Carolina,” Patrick Conway, Bowman and Gordon Gray that we as faculty can offer to Professor of Economics, said at the ceremony. one among us,” Conway said. The Thomas Jefferson Award was established in 1961 by the “To be ‘Jeffersonian’ is to be Robert Earll McConnell Foundation. It is presented annually to “that an individual with questing member of the academic community who through personal influ- intellect, with public conscience,

ence and performance of duty in teaching, writing, and scholarship with a preference for action to EXUM STEVE has best exemplified the ideals and objectives of Thomas Jefferson.” redress injustice. I am pleased Gene Nichol One of Nichol’s accomplishments cited for the award was his that this year we recognize participation in the 2012 Truth and Hope Tour of Poverty. Nichol Professor Gene Nichol as an exemplar of those traits.”

Kennedy Leads U.S. Delegation at China Anti-Corruption Conference

ow do you fight U.S. delegates included Sam Buell of Duke Law School, Julie transnational corruption O’Sullivan of Georgetown Law Center and Andrew Spalding of the Hwhen norms and University of Richmond School of Law. Their papers, respectively, laws differ from one country covered indirect and partial control of corruption, whistleblower to another? As nations across programs and other private anti-corruption mechanisms, and exporting the globe focus more on corruption through Chinese companies with business overseas. anti-corruption initiatives, a Kennedy taught International Law and Intellectual Property at conference in Beijing attended Northwest University in Xi’an, China, during the spring semester of

STEVE EXUM STEVE by UNC School of Law professor 2012 on a Fulbright Lecture Award. His conference paper focused Joseph Kennedy Joseph Kennedy convened on China’s anti-corruption efforts. “The challenge in a society as criminal law scholars from around the world to discuss possible economically dynamic as China is to grow anti-corruption norms in solutions. The conference was sponsored by the International Forum an evolutionary way,” he says. “Even low-level government officials on Crime and Criminal Law in the Global Era and run by the are exposed to enormous bribes, and the corruption took hold when China University of Political Science and Law in Beijing. state-run enterprises transformed into private ones.” The October conference covered the range of legal doctrines One of his recommendations was for China to “consider an that regulate and prohibit illicit transactions among business leaders amnesty program to allow people who engaged in corruption in the and between businesses and governments. As the world’s biggest past to come forward and start with a clean slate,” Kennedy says. economies, the United States and China have much at stake. During the conference, a member of China’s Supreme People’s “The U.S. has greatly expanded its efforts to crack down on Court and chair of the court’s task force against corruption may have bribery and other forms of corruption involving U.S. companies acknowledged Kennedy’s amnesty proposal. that operate overseas,” says Kennedy, who led the conference’s The judge said that in China, “It might be necessary to take a American delegation. different approach to past crimes, especially during the transition “The general understanding is that corruption has become from state-owned to privately owned enterprises,” Kennedy notes. endemic in China since the opening up of their economy. They At the conference’s conclusion, Kennedy helped revise a resolution want to crack down on corruption,” Kennedy says. “It would be distributed to Chinese media, scholars and government officials. easier for American companies to do business if China took a harder “The Chinese government clearly is trying to figure out ways to line against corruption.” use laws to fight corruption, but differences in Chinese and Western Forum participants discussed approaches, challenges and solutions approaches to law are profound,” Kennedy says. “Every time I go to to fighting corruption in their countries. Delegates from other Asian China, I learn more about ways we can bridge that gap.” nations, as well as Canada, Europe and South America, attended. —Jessica Clarke

CAROLINA LAW 11 CENTER NEWS

Shaw Appointed Director of Center for Civil Rights

heodore M. “Ted” Shaw will join Shaw, a graduate of Wesleyan University “Most talented civil rights experts are UNC School of Law July 1, 2014, and Columbia Law School, began his career classroom teachers and scholars or front-line Tas the first Julius L. Chambers as a trial attorney in the U.S. Department advocates and litigators, but not both,” Distinguished Professor of Law and as of Justice Civil Rights Division. He joined Boger says. “Ted Shaw excels in both areas.” director of the UNC Center for Civil the LDF in 1982, litigating at the trial and Shaw says he was drawn to UNC and to Rights. The position had been open since appellate levels, including the Supreme the State of North Carolina. “What happens founding director Julius L. Chambers, who Court, and established LDF’s Western in North Carolina is important. North died last year, stepped down in 2010. Regional Office in Los Angeles. Shaw was Carolina is a bellwether state when it comes The Julius L. Chambers Distinguished counsel for African American students in to civil rights. There’s work to do here.” Professorship is supported by an endow- the University of Michigan undergraduate Over the years, Shaw has testified regu- ment grant from the Z. Smith Reynolds affirmative action admissions case heard by larly before Congress and state legislatures. Foundation. the Supreme Court in 2003. He also played a His work has taken him to South Africa Previously Shaw served as director- key role in initiating the review of Michigan to train lawyers after the post-apartheid counsel of the NAACP Legal Defense Law School’s admissions policies and served constitution came into being, and he has Fund (LDF), the legal arm of the civil rights on committees that adopted the plan that worked closely with the Roma community movement founded by Thurgood Marshall, was upheld by the U.S. Supreme Court. to achieve civil rights in Eastern Europe. who later became an associate justice of UNC School of Law Dean Jack Boger ’74 “I hope to continue to have an inter- the Supreme Court. Chambers was LDF’s says the challenge in selecting a successor to national presence and bring some of the third director; Shaw was the fifth, serving Chambers was to find someone who would people I’ve met in other parts of the world from 2004 to 2008. Shaw joined the LDF in serve as a full law faculty member while also to visit with students and faculty at UNC,” 1982 to litigate school desegregation, voting bringing rich experience as director of a Shaw says. and other civil rights cases. litigation and advocacy center. Civil rights issues often arise in the junction of poverty and race, and Shaw is looking forward to possible collaborations between UNC’s Center for Civil Rights and other social justice advocates at UNC and across the state. “Ted knows everyone across the country in the civil rights field,” Boger says. “We’re thrilled to have the chance to work with someone so deeply experienced who is so humane and compassionate.” Charles Daye, the deputy director for the Center for Civil Rights, is pleased to welcome Shaw to the center. “He knows the law, and the best strategies for advancing the law,” Daye says. “He steps into big shoes to fill, following Julius Chambers, but there’s not a better person to take on

KATHERINE KERSHAW KATHERINE the challenge.” —Nancy Oates Ted Shaw

12 SPRING-SUMMER 2014 CLEAR Hosts Earthjustice President Van Noppen ’80 Talk on Climate Change

nvironmental attorney and Earthjus- supporters to advance its mission of using tice President Trip Van Noppen ’80 the courts to protect the environment Epresented a talk, “Climate Change: and people’s health. Before his time with Where Law and Politics Intersect,” at Earthjustice, Van Noppen worked in a UNC School of Law November 25 to a litigation practice emphasizing civil rights, capacity audience of more than 100 people. employment, environmental and toxic tort Co-hosted by the UNC Center for Law, cases, and directed the Southern Environ- Environment, Adaptation and Resources mental Law Center’s Carolinas’ office. He is (CLEAR) and UNC’s Institute for the also a former member of the UNC Institute Environment, Van Noppen discussed how for the Environment Board of Visitors. to effect major change in federal environ- mental policy, the complex politics that are involved in effecting change, and how one person who wants to make a real difference For a video from the can truly do so. event, visit http://bitly

Van Noppen leads the internationally .com/1cdUkf0 or scan EARTHJUSTICE renowned Earthjustice staff, board and the QR code. Trip Van Noppen ’80

UNC Center for Civil Rights Represents Community Members in Halifax County Settlement

n December 2013, the Halifax, N.C., property tax bills created an intense hardship The residents filed the lawsuit against Board of County Commissioners voted for residents, forcing many to forgo everyday Halifax County, Roanoke Rapids and Ito approve a settlement with residents expenses like groceries and medical care. Weldon City Schools, since all three local of the Brandy Creek community to resolve People who had retired went back to work, governments received a portion of the a lawsuit over a property tax increase based paychecks and bank accounts were garnished inflated property taxes. Roanoke Rapids on a failed development effort. by the county, and several residents had to and Weldon were later dismissed from the Gary et al. v. Halifax County was scheduled take out high-interest-rate loans to pay the suit but signed an agreement with the to go to trial in January. The community tax bills and avoid losing their homes. county that each would be responsible for was represented by the UNC Center for Carolina Crossroads was to be an its proportionate share of any judgment or Civil Rights and Halifax County attorney entertainment district with multiple settlement. The settlement, which was made Bettina Roberts-Flood. theaters, amusement parks, an aquarium, an by the county to avoid future litigation “The settlement is a milestone in the RV campground, hotels and shopping. A expenses, totals $42,000; the city will be residents’ struggle for justice following country music theater failed quickly amid accountable to the county for approxi- the failed plans to develop the Carolina controversy and was later stabilized, but mately 42 percent of that amount and the Crossroads entertainment district and the most other facilities never materialized. school district for 12 percent. Roanoke Rapids Theater in their neighbor- Despite the entertainment district’s hood,” says Mark Dorosin ’94, UNC Center few successes, residents still live with the for Civil Rights managing attorney. impact of the overall failure of Carolina The case focused on the county’s 2007 Crossroads. A real estate company that property tax revaluation, which increased bought several parcels in 2006 evicted Correction: In the Fall-Winter 2013 issue, land values in Brandy Creek by an average tenants who had been living there for the photo caption accompanying the Center of 800 percent and as much as 1,400 years, resulting in the loss of almost half for Civil Rights conference story on page percent, while the rest of the county went of the neighborhood. Currently, that land 15 misidentified Ryan Haygood.Carolina up approximately 20 percent. The resulting remains vacant and overgrown. Law apologizes for the error.

CAROLINA LAW 13 CENTER NEWS

UNC Center for Media Law Hosts National Broadcast Media Chiefs for Hargrove Colloquium

earst Television Chair and CEO ’74, dean of UNC School David Barrett and ABC News of Law, also participated HPresident Ben Sherwood discussed in the event, which was “The Future of Television News” Nov. 4, open to the public. 2013, at UNC’s George Watts Hill Alumni “We were thrilled to BARTO ISABELLA Center. The discussion was part of the UNC have David and Ben Wade Hargrove ’65 speaks at the inaugural colloquium named in his honor. Center for Media Law and Policy’s inaugural address a packed house at Wade H. Hargrove Communications Law UNC’s Alumni Center,” and Policy Colloquium. The colloquium, David Ardia, co-director of the UNC casting & Cable Hall of Fame and the which is to be an annual event, was covered Center for Media Law and Policy, says. National Academy of Television Arts and by C-SPAN, UNC-TV and ABC affiliate “This is a time of unprecedented change Sciences Management Hall of Fame. In WXLV-TV of Greensboro, N.C. for the television industry, and it was 2004, he was named Broadcasting & Cable Barrett and Sherwood made brief fascinating to hear about the innovative Magazine’s Broadcaster of the Year, and opening remarks and then discussed the projects they are launching. For the students under his leadership Hearst Television has challenges and opportunities media compa- in the audience, the message was clear: this won some of the industry’s most prestigious nies face in this age of digital convergence. is an exciting time to be a journalist and a awards for news reporting. Susan King, dean of the UNC School of broadcaster.” Sherwood is responsible for all aspects of Journalism, and John Charles “Jack” Boger Barrett is a member of the Broad- ABC News broadcasts, including “World News with Diane Sawyer,” “Nightline,” https:// vimeo.com/ “Good Morning America,” “20/20″ and 80821503 “This Week with George Stephanopoulos.” Sherwood also oversees ABC News Radio, ABCNEWS.com, satellite service NewsOne and ABC News NOW. The UNC Center for Media Law and Policy’s annual colloquium is named in honor of Wade Hargrove ’65, a nationally recognized media lawyer and former chair of the UNC Board of Trustees. The colloquium was established and funded by various media companies and friends of Hargrove as a forum for discussion and debate on contemporary media issues. Hargrove was the driving force behind the creation of the UNC Center for Media Law and Policy as a national forum for scholars, government officials and industry leaders to discuss emerging issues at the

ISABELLA BARTO ISABELLA intersection of media and law. Carolina Law Dean Jack Boger ’74 gives closing remarks, with Ben Sherwood of ABC (left) and David Barrett of Hearst (right).

14 SPRING-SUMMER 2014 ALUMNI NEWS

PHOTOS BY DONN YOUNG

Catherine Long, Gayle and Jim Rivenbark ’63 and Sue and Sam Members of the Class of 1983 celebrate their 30th reunion at Top of the Hill. Woodley ’63 at the annual Bluegrass and BBQ Tailgate party.

Scholarship Stewardship Luncheon the WILLIAM HORN BATTLE DINNER

Allen Buansi 2L speaks to fellow students and donors at the annual Scholarship Stewardship Luncheon in January.

Witt Professionalism Dinner Mike Robinson ’80 and Wynn Tanner at the Battle Dinner.

Mignon and Arthur DeBerry ’57 were recognized at the William Horn Battle Dinner in October for their documented gifts to the Kathrine R. Everett Society, UNC School of Law’s planned giving society.

Scott Tobin ’81 and The Honorable R. Allen Baddour Jr. ’97 discuss ethics with students at the annual Witt Professionalism Dinner.

CAROLINA LAW 15 ALUMNI NEWS

Law Alumni Association Board of Directors 2014 New Members UNC School All Carolina Law alumni are members of the UNC Law Alumni Association. The Alumni Association is governed by a board of directors consisting of of Law Honors representatives from 14 geographic regions within North Carolina, as well as members from various other states and metropolitan areas including Atlanta, Boston, Distinguished Chicago, Los Angeles, New York and Washington, D.C. Alumni The Law Alumni Association The Honorable William Board of Directors welcomed Osteen Jr. ’87 14 new members in 2014: Greensboro, N.C. The UNC School of Law honored three UNITED STATES DISTRICT COURT Holly Harris Alderman ’89 FOR THE MIDDLE DISTRICT OF exceptional alumni among its annual Chapel Hill, N.C. NORTH CAROLINA distinguished alumni award winners for SCHELL BRAY PLLC Henry Haywood Robbins ’04 2014. The annual Law Alumni Weekend Greenville, N.C. James Marvin Deal Jr. ’74 Leadership and Awards Dinner was Boone, N.C. VIDANT HEALTH DEAL & MOSELEY & SMITH Harriett J. Smalls ’99 held April 10. Daniel Lyndon Deuterman ’91 Greensboro, N.C. Greensboro, N.C. MOSES H. CONE MEMORIAL The Lifetime Achievement Award DEUTERMAN LAW GROUP PA HOSPITAL (LAW FOUNDATION was presented to Irvin Hankins III ’75, CHAIR) Tom David Efird ’64 partner and general counsel at Parker Bruce V. Thomas ’81 Gastonia, N.C. Poe in Charlotte, N.C. The Distinguished STANDARD DISTRIBUTORS INC Richmond, Va. (RETIRED) MEADWESTVACO CORP. Alumni Award was presented to Melanie Falco ’04 R. Scott Tobin ’81 Barbara Weyher ’77, founding partner at Blowing Rock, N.C. Monmouth County Yates, McLamb and Weyher in Raleigh, FREEHOLD, N.J. JOHNSTON TOBIN N.C. The school also presented its Elizabeth Foley ’05 William O’Brien White Jr. ’74 Winston-Salem, N.C. Roanoke Rapids, N.C. Outstanding Recent Graduate Award to BLANCO TACKABERY & WELLMAN WHITE & Lindsey Roberson ’07, assistant district MATAMOROS PA WILSON PLLC attorney in New Hanover County, N.C. John Donald Hawkins ’80 Michael Lee Wilson ’96 Charlotte, N.C. New York “We have many distinguished alumni, HUNTON & WILLIAMS LLP JOHNSTON ALLISON & HORD PA and it is a delight to recognize some of the finest during Law Alumni 2014 Officers Thomas F. Taft ‘72, Past President Weekend,” says John Charles “Jack” Craig T. Lynch ‘86, President Greenville, N.C. Boger ’74, dean and Wade Edwards Charlotte, N.C. TAFT TAFT & HAIGLER PA PARKER POE Distinguished Professor of Law. “These Harriett J. Smalls ’99, Law three remarkable individuals represent Leslie C. Packer ‘86, Vice President Foundation Chair Raleigh, N.C. Greensboro, N.C. the work and dedication of our more ELLIS & WINTERS LLP MOSES H. CONE MEMORIAL than 10,000 living alumni nationwide.” Walter D. Fisher ‘86, HOSPITAL Second Vice President Charlotte, N.C. K & L GATES LLP

16 SPRING-SUMMER 2014 Roberson has become “a passionate advocate for victims of sex traf- Lifetime Achievement ficking,” according to the nominating letter for her award. Roberson Award Recipient helped draft and promote two pieces of legislation in North Carolina, including a law giving safe harbor to teenagers forced into prostitution Irvin “Hank” and mandating tough penalties for traffickers. Hankins III ’75 In addition to her work in the New Hanover County court, Roberson teaches paralegals at Cape Fear Community College and trains volunteers who work with young female victims of human ank Hankins has been with Parker trafficking. In January she was named by theWilmington Star-News HPoe in Charlotte since finishing one of “12 to Watch” in 2014. law school in 1975. He served as Parker Poe’s managing partner from 1986 to 2002. Since 2002, he has Distinguished Alumni been the firm’s general counsel. Hankins has experience in state and federal courts representing a wide variety of clients, including Award Recipient public utilities, insurance companies, equipment manufacturing companies, chemical and textile companies, accounting firms and Barbara B. “Bonnie” attorneys. Hankins has advised professional organizations regarding Weyher ’77 management issues, partnership structures, partnership disputes, and legal ethics. He is listed in Best Lawyers in America, 2003-2014. fter beginning her career in a New Hankins has held numerous leadership positions in the Bar and AYork City law firm, Barbara B. the community, including North Carolina State Bar president, “Bonnie” Weyher returned to North 2007-2008; chairman, Ethics Committee, 2003-2004; chairman, Carolina in 1979 to join the firm of Authorized Practice Committee, 1999-2001; and council member, Young, Moore, Henderson & Alvis in Raleigh, N.C. In 1983, she 1997-2005. He served as president of the UNC Law Alumni Asso- became one of the founding partners of Yates, McLamb & Weyher. ciation, 2004-2005, and as general counsel to the Charlotte Chamber Weyher’s practice is primarily in the area of insurance coverage of Commerce, 2002-2003. He served as an ABA House of Delegates and professional liability. She has been a certified mediator since member, 2008-2013; chairman of the North Carolina IOLTA Board 1995 and has mediated or arbitrated hundreds of cases, including of Trustees, 2011-2012; and Queens University of Charlotte Trustee, commercial and consumer claims, business disputes, product 2004-2012; and is now a Queens Trustee Emeriti. Hankins is an liability claims, medical malpractice claims, and general liability/ ABA Foundation Fellow and a member of the Disciplinary Hearing auto liability claims. Commission of the North Carolina State Bar. He is an Elder at She is a member of the North Carolina Academy of Superior Selwyn Avenue Presbyterian Church in Charlotte; moderator of the Court Mediators. Weyher is listed in Best Lawyers in America Administrative Group of the Church Session; and is a member of the (2009-2013). She is also listed as one of the top 50 women lawyers UNC-Chapel Hill Board of Visitors. in North Carolina Super Lawyers (2009-2013). She is a Fellow in “Hank Hankins is a very worthy nominee for UNC School the American Bar Foundation. of Law’s [Lifetime Achievement] Award,” reads the nominating Weyher is a past president of the North Carolina State Bar letter for Hankins. “He has been an outstanding representative of (2009-2010). She currently serves on North Carolina State Bar’s Carolina Law throughout his decorated career.” Disciplinary Hearing Commission. She served as a councilor on the North Carolina State Bar (1998-2006) and is a member of the Outstanding Recent ABA House of Delegates. She chaired the Grievance Committee, Ethics Committee and the Authorized Practice of Law Committee Graduate and also served on the Executive Committee, Issues Committee and Publications Committee. Weyher served as chair of the Litiga-

MAGAZINE Award Recipient tion Section of the North Carolina Bar Association (2005-2006). WILMA Lindsey Roberson ’07 She is a past president of the Wake County Bar Association (1997).

pon graduation from UNC USchool of Law, Lindsey Roberson clerked for the U.S. District Court for MARK STEELMAN, COURTESY OF COURTESY MARK STEELMAN, the Eastern District of North Carolina for three years and then worked at New York law firm Skadden, Arps, Slate, Meagher & Flom. Since 2012, Roberson has served as assistant district attorney in the Office of the District Attorney of New Hanover County, in Wilmington, N.C.

CAROLINA LAW 17 Carolina Law Makes a Difference Across the Nation ON THE MAP

PHOTO BY STEVE EXUM 18 SPRING-SUMMER 2014 esearch by Carolina Law faculty members has thrust them into the national spotlight recently. Whether it’s Lissa Broome’s involvement in the dialogue on bank regulation, Victor Flatt working with the EPA on rising sea levels and implications for insurance, or Melissa Jacoby monitoring the fallout of Detroit’s bankruptcy, academics at UNC RSchool of Law frequently make headlines for starting or contributing to discus- sions that affect how we live across the United States. And that attention benefits students as well, says Carolina Law Dean John Charles From Silicon Valley to “Jack” Boger ’74. Yankee Stadium: Faculty “Our faculty members are doing work that connects them with some of the most Research Has Broad Impact important issues in the country,” Boger says. “It means our students learn from faculty A Multi-Billion-Dollar Tax Issue: who are interacting with the leading forces Gregg Polsky on Disguised Dividends in business, commerce and law across the Will the IRS require private-equity-controlled portfolio compa- U.S. From the example of their professors’ nies to pay their legally owed share of taxes, collecting hundreds outreach, our students learn they, too, can go of millions to perhaps billions of taxes to add to the Treasury, even if it makes some firms angry? Gregg Polsky, UNC’s Willie Person as far geographically and substantively as their Mangum Professor of Law, is waiting to find out. interests take them.” Polsky’s research, culminating in a paper called “The Untold Story of Sun Capital: Disguised Dividends,” published in the Boger’s work, as well, in righting educational Feb. 3, 2014, issue of Tax Notes, argues that private-equity firms inequalities in North Carolina through the routinely misclassify what should be dividends as compensation Leandro case has positioned Chapel Hill as one payments (known as “monitoring fees”). of the handful of places around the country Because compensation is deductible while dividends are not, this misclassification where those conversations have been most would cost the Treasury hundreds of intense and sustained. Last fall, in the wake millions, if not billions, of dollars of tax of the Supreme Court’s decision in Fisher v. revenue each year. University of Texas, which left an ambiguous “If the IRS agrees with me, private- equity-owned corporations will pay outcome on affirmative action, leaders from EXUM STEVE Gregg Polsky much more additional tax revenue to the the NAACP Legal Defense Fund, the ACLU, Treasury,” Polsky says. “It’s a question of the Lawyers’ Committee for Civil Rights and whether the IRS will enforce the law. I hope they take this on, the Advancement Project all convened in because the practice is so open, obvious and abusive, it’s right there for them.” Chapel Hill to discuss next steps. On the same day it was published, Polsky’s article was profiled in “It’s remarkable, when you begin to catalogue a lengthy Wall Street Journal article. Widely read blogs like Naked faculty research, how many of our Carolina Capitalism and The New York Times’ Dealbook responded favorably, as did Fortune.com’s Dan Primack, the leading journalist in the Law professors are involved in important U.S. on private equity. issues that have deep impact on our state and “People have different views about how much taxes people nation,” Boger says. should pay, but they are universal in believing you should pay the taxes you legally owe,” Polsky says. Portfolio companies pay monitoring fees to private-equity managers, purportedly as compensation for services, and deduct these fees, which lowers their tax bills. Polsky, after examining 229 large buyout deals involving a total of $3.9 billion in monitoring fees, concluded that nearly all monitoring fees were dividend-like payments because they were to be paid regardless of whether any

CAROLINA LAW 19 ON THE MAP

work was performed and in proportion to shareholdings. positions at eight companies over a three-year span. And California This is not the first time that Polsky has taken on the private is unique in that it rarely enforces non-compete covenants. equity industry. In 2009, he published an article on management “When we first suggested that acqui-hires were driven by the fee waivers, which managers argue allow them to convert ordinary fear of lawsuits, people in Silicon Valley just laughed at us,” he says. income into capital gains. Fee waivers received considerable atten- “We were told that nobody ever sues anybody in Silicon Valley.” tion during the 2012 presidential campaign after it was disclosed Coyle determined that the start-up engineers were “playing a that Bain Capital, Mitt Romney’s former private-equity firm, had multi-round game” to maintain good relations with investors. used management fee waivers to save more than $200 million in “The entrepreneurs raise money from investors for a start-up, taxes. Recently, the IRS and Treasury put management fee waivers and if it doesn’t go well, they don’t want to jump ship if it means on its priority guidance list, which suggests that they might leaving their investors high and dry, because then the investors ultimately agree with Polsky that fee waivers are abusive. won’t want to fund them again,” he says. “If they keep their inves- Consistent, unequivocal enforcement by the IRS might quell tors happy, they’ll maintain a good reputation and increase their the increasingly aggressive tax strategies many corporations take. chances of getting funding if they do another start-up.” “Creative tax planning is part of a tax lawyer’s job,” Polsky says. By being bought out in an acqui-hire, a company can repay “Tax abuse is not.” its investors. The investors, lawyers, corporations and start-up companies work together in a non-adversarial ecosystem because Woo the Talent, or Buy the Business? they’re all “repeat players,” Coyle says. “All the players do these deals over and over,” he says. “Everyone John Coyle on Acqui-hiring has the same goal, which is to get rich. There isn’t a zero-sum Why would a corporation that wants to hire a handful of good mentality, where every nickel I don’t get is a nickel that goes to engineers buy the entire start-up company instead? UNC assistant my adversary. They don’t feel the need to fight fiercely about every law professor John Coyle, along with Polsky, went out to Silicon single term.” Acqui-hires have become a legitimate exit strategy for a start-up and have spread beyond Silicon Valley to places like North Carolina’s Research Triangle Park. Coyle brings up the topic when he teaches business associations. “It underscores that lawyers can be creative,” he says. “I teach students the forms, but let them know that just knowing the law “When we first suggested that on the books isn’t always enough.” acqui-hires were driven bythefear The Best Place to Get Fired: of lawsuits, people inSilicon Jeff Hirsch Compares Employment Cases in the U.S. and Abroad Valley just laughed atus.” After talking with lawyers from all over the world, Jeff Hirsch, UNC School of Law’s associate dean for academic affairs and the Geneva Yeargan Rand Distinguished Professor of Law, concluded that workers who are fired elsewhere in the world are not necessarily better off Valley expecting to find that the practice of acqui-hiring — hiring than employees fired in the U.S. His article talent by acquiring the whole company — was driven by a fear “Comparative Wrongful Dismissal Law: of lawsuits. What they found was a culture Reassessing American Exceptionalism” was that valued social norms over legal rules. published in North Carolina Law Review in They compiled what they learned from February 2014. interviews with about 20 people from both The U.S.’s at-will default rule has drawn STEVE EXUM STEVE sides of acqui-hiring transactions into an Jeff Hirsch criticism from employees and business article, “Acqui-hiring,” published in the owners alike. Workers object to the difficulty in bringing a discrimi- Duke Law Journal in November 2013. The nation case to court under an employment “at will” standard and rest of the world took note, and Coyle and also to its low win rates; whereas business owners complain that the STEVE EXUM STEVE Polsky found themselves quoted in major awards are usurious when a fired employee wins a discrimination John Coyle news vehicles like The Wall Street Journal and case, and that makes them less likely to fire someone or more likely The New York Times, and interviewed on National Public Radio. to settle out of court. Coyle, who teaches corporate law and international contracts, In contrast, other countries in the world have some sort of says he initially thought the acqui-hiring structure might stem from specialized labor courts or administrative courts that fired workers companies fearing they would be sued if they simply poached away can access easily and inexpensively, but they have statutory caps. It’s the employees they wanted. But job-hopping is common among easier to bring a case to court and win in those countries, but the tech company employees. It’s not unusual to see a resume with award damages are much lower than in the U.S.

20 SPRING-SUMMER 2014 “You hear over and over that the U.S. is completely different from the rest of the world,” Hirsch says. “But people haven’t been digging in to see how the laws are actually operating.” “Unless the law is changed, we’ll So Hirsch and his co-author dug in. They interviewed labor and employment law practitioners around the world — because keep depleting our scarce national particularly in the U.S., “sometimes the law says one thing, but in resources by helping build expensive practice, it operates a different way,” Hirsch says — and did other research online: “I learned the limits of Google Translator,” he says. stadiums, and we’ll continue to His results documented differences in the U.S. model and enrich wealthy team owners.” those of other countries, but they were more nuanced than many people thought. True, the U.S. model tends to favor high-income employees because they can receive high damage awards. Low- wage workers, unless they are part of a class-action suit, won’t gain much. And low-award cases won’t pay the bills for a legal practice, so lawyers are reluctant to take them on. that the stadium would promote economic development. According However, his research uncovered a middle ground. He discovered to research cited by Bryan, though, economists agree that contribu- a state in the U.S. that operates under a model closer to those outside tions to sports facilities produce meager community-wide benefits, the U.S. Montana — “Not a state you’d imagine as a trailblazer while wealthy team owners reap huge financial gains. in employment law,” Hirsch says — has a model that encourages Much of the financial support for Yankee Stadium came from arbitration. Although employees push strongly for “just cause” the city and state, but the federal tax exemption lowered costs by protection — easy access to courts while maintaining the state’s nearly $400 million. And, in a sleight-of-hand accounting move, no-caps-on-damages provision — Hirsch is skeptical that combina- the deal avoided the public scrutiny required for exemption. tion will be adopted anytime soon. The Montana model reflects a The federal exemption is justified as encouraging projects that potential middle ground that might have bipartisan support. benefit the general public. For instance, a community might not “Maybe it makes sense to expand the Montana model, or move to want to pay for a bridge or airport open to more than just the something closer to what the rest of the world is doing,” Hirsch says. locals. As an incentive, the federal government gives up tax revenue With a greater understanding of the differences between from interest paid on municipal financing bonds, and city and employment cases in the U.S. and the rest of the world, Hirsch states save by paying lower tax-exempt interest rates. takes a more comparative approach in the labor and employment When the project is used by a private business such as a sports law courses he teaches, helping students understand that the U.S. team, the tax exemption is allowed only if the community agrees model isn’t the only way to do things. to repay the bonds with general tax revenues. The rule was “One of the differences between a good lawyer and a great intended to ensure that local citizens supported the project as the lawyer is the ability to understand how your construction of a claim best use of collective funds. Some municipalities have raised money or statute will work with other laws and in other cases,” he says. with new taxes falling mostly on the poor (such as lotteries) or on “Lawyers help change laws, so understanding how other countries tourists (such as taxes on hotels and rental cars). Local taxpayers practice law is also important from a public policy perspective.” may not feel the burden of these taxes, but they give up potential sources of revenue that could pay for schools or police protection. Yankee Stadium: Patricia Bryan Questions In the New York deal, though, local taxpayers didn’t have the chance to consider alternative ways to spend the money. the House That Taxpayers Built As other sports teams have done, the Yankees threatened to Should a St. Louis Cardinals fan in North Carolina have to help move to a different city unless they received public subsidies, pay for the new Yankee Stadium? Patricia Bryan, Martha Brandis including the federal exemption. Given severe budget shortfalls, Professor of Law and a lifelong Cardinals fan, wondered that when though, local politicians feared that using general tax revenues she noticed the massive federal subsidy from tax-exempt bonds would trigger opposition. They proposed a new idea: The Yankees financing the stadium. Professional baseball and football teams have would be excused from paying property taxes and would, instead, often taken advantage of this controversial subsidy, but the Yankee contribute payments-in-lieu-of-taxes, or PILOTs, to a separate deal was structured in a way that could result in an increasing drain trust account used only to repay the financing bonds. Since the on the Treasury. Her article, “Building the New Yankee Stadium: money wasn’t reflected in the city’s budget, the public didn’t see it Tax-Exempt Bonds and Other Subsidies as available to avoid layoffs of teachers, police and firefighters. for the Richest Team in Baseball,” was The deal enabled officials to say publicly that the Yankees were published in “The Cooperstown Sympo- paying for the stadium and yet argue to the IRS that general tax sium on Baseball and American Culture: revenues would be used so that the bonds qualified as tax exempt. 2011-12.” Municipalities would oppose any tightening of federal oversight, When Yankee Stadium opened in 2009, and they wouldn’t want the feds telling them how to invest public subsidies were estimated at $1.2 borrowed funds. But it’s expensive to allow local governments billion out of total cost of $2.3 billion. The to offer the benefit of the federal exemption to privately owned STEVE EXUM STEVE Yankees justified the subsidies by promising sports teams. Patricia Bryan CAROLINA LAW 21 ON THE MAP

“The cost of subsidizing stadiums may be relatively low for Earnhardt, who earned both his undergraduate degree and his J.D. each taxpayer,” Bryan says, “but we should ask whether federal at Carolina, is a partner at New York City-based Cravath, Swaine & taxpayers benefit from the enormous federal subsidy. Unless the Moore LLP. Like virtually all of that firm’s lawyers, he has learned to be law is changed, we’ll keep depleting our scarce national resources a litigator through the firm’s distinctive training program, the Cravath by helping build expensive stadiums, and we’ll continue to enrich System. It aims to “train our lawyers to be able to walk into any court wealthy team owners.” —Nancy Oates in the country and do what the client needs,” Earnhardt says. But he learned the fundamentals of legal practice in Chapel Hill, where he immersed himself in writing and advocacy courses. Carolina Law Alumni “Carolina Law School really laid the foundation for everything I [do] now,” he says. “I tried to take the opportunity to develop Make Their Mark practical skills.” That included taking every writing course and every advocacy course he could fit into his schedule. He remembers arguing a mock Across the Country appeal to three federal judges as part of N.C. Supreme Court Justice NC School of Law is, undoubtedly, the state’s flagship law Mark Martin ’88’s intensive trial advocacy course, and laboring over school, with nearly 6,700 alumni living and working in briefs in Professor William “Bill” Marshall’s intensive independent UNorth Carolina. But the school also has alumni in all 50 study program. states, as well as some foreign countries. “That really allowed me to hit the ground running when it came And the 4,000 or so alumni who live and work outside North time to practice,” he says. Carolina are having as a big an impact on the law as those who Earnhardt was a summer associate at Cravath and then immediately remain in-state. returned to the firm upon graduation. “They’re out there doing amazing things nationwide, but Cravath is one of the nation’s oldest law firms, founded in New they got their start at UNC,” says Kris Jensen, associate dean for York in 1819. Its partners include a number of figures straight out advancement at UNC School of Law. “When they do leave, they of the history books, including President Lincoln’s secretary of state, leave for significant opportunities.” William H. Seward, who is remembered for negotiating the purchase New York City, Washington, D.C., and Atlanta are major of Alaska from Russia, and John J. McCloy, who advised President strongholds for Carolina Law alumni, but there are also pockets of Kennedy during the Cuban Missile Crisis and later served on the UNC lawyers in Dallas, Houston, Nashville, Boston, San Francisco, Warren Commission, investigating Kennedy’s assassination. Chicago and other large cities. Cravath’s training program, where litigation associates are assigned Those alumni are still connected to the school, and they form to partners for 18 months to two years and work hand-in-hand with a strong network that stretches from Silicon Valley to Wall Street; them before moving on to another partner, is designed to expose from federal courthouses to corporate boardrooms. young lawyers to different ways of practicing law. It also creates a The school coordinates alumni meetings across the country, and alumni often help provide opportuni- ties for Carolina Law students seeking summer associate positions, first jobs and clerkships. The alumni “really can make an impact for students when they want to look at an out-of-state opportunity,” Jensen says. Four accomplished alumni whose careers reflect the breadth and depth of the legal profession demonstrate how robust a Carolina Law education is.

From Chapel Hill to the Big Apple WES EARNHARDT ’04 Cravath, Swaine & Moore LLP, New York City

Wes Earnhardt always aspired to be a litigator, to be the lawyer in the courtroom arguing for a client and winning over the judge or jury. Now, 10 years out of Carolina Law and a partner at one of the nation’s oldest and most-storied law firms, he does just that. “I’ve wanted to be a courtroom lawyer since before I could remember,” he says. “I like the idea of helping

clients when they really need it. … I like the chess BALES JEREMY match aspect of determining what is the best strategy.” Wes Earnhardt ’04 in New York City

22 SPRING-SUMMER 2014 culture of collegiality and mutual support. Partners rely on associates to get work done, so they have a vested interest in the success of those young attorneys. “Now that I’m a partner, I have a team of associates assigned to me,” he says. “Every partner has full incentive to truly train and make better the associates at the firm.” That also means that associates can take on advanced work, if the partner supervising them believes the job will get done well. “We don’t set any artificial barriers,” he says. “I took probably a dozen depositions as a first year associate … I argued in court as an associate.” Fortunately, he had a Carolina Law degree. “One of the great things about Carolina, from my perspective, is that it armed me from the start with those types of practical skills that I could put to use the day I started at Cravath,” he says. “I had written briefs … YIN ALISON and had those briefs critiqued by actual state Deepa Damre ’00 in San Francisco and federal judges.” In addition to complex, high profile business law and tax Big Business Counsel litigation, Earnhardt also spends part of his time handling pro bono cases — an important focus for all Cravath lawyers. He’s taken DEEPA DAMRE ’00 on landlords who didn’t adequately maintain buildings for their BlackRock Inc., San Francisco tenants, helped battered women get protective orders and win custody disputes, and done work for the Morgan Stanley Children’s When Deepa Damre started law school at Carolina in the late Hospital. 1990s, she knew she wanted to go into corporate law (she had Earnhardt, though he has no relationship to the racing family of already earned a bachelor’s degree in business at UNC). But she NASCAR fame, is a true Carolina native from small-town Denver, didn’t really know what that meant. N.C. But his UNC law degree has given him an opportunity to “I’ve known I wanted to be a lawyer since ninth grade,” she says. take a different path. “Big business, I just thought was kind of cool and exciting.” “I really came to New York planning to go back to North Exactly how exciting she couldn’t have guessed, in ninth Carolina,” he says. But that’s changed. “Working at Cravath and grade or in law school. Damre is now managing director, legal living in New York City is just an incredible experience that’s and compliance, for BlackRock Inc., the world’s largest asset hooked me.” manager, with more than $4.3 trillion in assets under management. It shows, he adds, that “going to law school at North Carolina She spends most of her time supporting the company’s iShares provides you an opportunity to go wherever you want to go.” exchange traded fund (ETF) business, which manages some $900 billion in assets globally. But her role touches several areas of business law, from securities regulations to intellectual property. That means that her days can include 5 a.m. calls with colleagues overseas, discussions with federal securities regulators and meetings with BlackRock colleagues in the product, marketing or capital “One of the great things about markets teams, among other things. “I see myself very much as a business counselor,” she says. Carolina, from my perspective, is Damre graduated Carolina at the peak of the dot-com boom, that it armed me from the startwith which helped her land a job at a San Francisco law firm whose clients included Internet start-ups, as well as larger more estab- those types of practical skillsthatI lished businesses. She knew that she wanted to eventually become an in-house counsel, but went to the firm to get training and could put to use the day Istarted experience. at Cravath.” “[We] had a great group of associates and partners,” she says. But —WES EARNHARDT ‘04 seeing firsthand how draining that big-firm lifestyle could be, she listened when she started hearing about corporate jobs. That led to a job with Barclays Global Investors (BGI) in 2004, after four years of working as an associate at the law firm.

CAROLINA LAW 23 ON THE MAP

Also, last year, she led the team in BlackRock’s legal and compliance division that was part of a company-wide effort to raise more than $1 million for the 49ers Foundation, which funds a variety of community service organizations. Though she works with many attorneys who have Ivy League diplomas, she never regrets choosing Carolina. “Carolina provided me an outstanding education and experience, and I would hope that people, if they go to Carolina, know they have opportunities anywhere.”

Top Prosecutor Takes on New Challenge MATTHEW MARTENS ’96 WilmerHale, Washington, D.C. Last summer, Matthew Martens ’96 was prosecuting the trial of a lifetime for the U.S. Securities and Exchange Commission (SEC). Banks of TV cameras awaited him every morning as he entered

GARRETT HUBBARD the courthouse. Every courtroom maneuver was picked over in the media. Matthew Martens ’96 in Washington, D.C. And some of the most powerful people “I chose BGI because I Ioved everybody I met,” she says. “The in the nation — from Wall Street to the White House — were people were exciting, dynamic.” watching the case. And so was the company. In 2009, BGI was acquired by “It was certainly a big case and there was a lot of pressure on our BlackRock. agency to win, but I never felt particularly stressed about it because Though companies like BlackRock are primarily regulated I knew we were prepared,” Martens says. by the countries they operate in, changes in financial regulations It probably also helped that the Carolina Law graduate had more around the world the last few years have made the business much than a score of jury trials under his belt and had spent a decade as a more complex. Financial services firms now must comply with federal prosecutor. Plus, Martens really likes litigation. multiple regulatory schemes — and multiple regulators — across “I love doing trials,” he says. “Would I want to do it again? Yeah!” borders and across different products. But unlike the 2013 prosecution of former Goldman Sachs BlackRock wasn’t the first place Damre, a Wilmington, N.C., executive Fabrice “Fabulous Fab” Tourre, the next time Martens is native, had been exposed to international business and law. in the courtroom he’ll be at the defense table. “I spent a semester of law school in the Netherlands, which was After the Tourre trial ended — with a win for the government highly unusual,” she says. “I took international law courses and a lot — Martens joined Washington, D.C., law firm WilmerHale as a of that was business focused and (European Union) focused.” partner defending clients faced with investigations or prosecutions The study abroad experience was “an eye opener” for her by financial regulators or the U.S. Justice Department. perspective on the law, she says, and an opportunity to build After law school and clerking for two federal judges, including friendships that persist to this day. a year as a clerk to Supreme Court Chief Justice William H. Another thing that persists is Damre’s involvement in other Rehnquist, he started his career as an associate in a New Jersey interests and activities, including community service. Though the firm doing litigation. But a partner there — Michael Chertoff — corporate environment does not put as much emphasis on pro was appointed to a top Justice Department post under President bono work as her time at a law firm, she still finds herself in the Bush and Martens followed him into government service. community applying her skills and experience to non-business It was an opportunity, he says, that might not have been available matters. to him without his Carolina legal education. Not only did he get “I’ve been involved in a variety of panels on career development, a high quality legal education, but he got it without having to take ranging from inner-city youth to adults seeking a career change,” on big loans. That kind of debt, Martens says, can affect the career she says. “I’m also helping a group of women in the financial decisions young lawyers make. services start a nonprofit aimed at ETFs.” That group aims to “When the opportunity came to clerk, I didn’t have to think ‘Can provide a forum for women working in the ETF industry or those I afford this?’” he says. “It allowed me to do things early in my career women interested in entering the industry. that I think were instrumental in developing as a lawyer.”

24 SPRING-SUMMER 2013 That wide responsibility, as well as the opportunity to influence broadly how a large company operates, turned out to be irresistible to Roseborough when she joined Home Depot in Atlanta in 2011. “It’s a great opportunity to visualize the impact of law from a high altitude,” she says. Before The Home Depot, Roseborough had been a top corporate lawyer at insurance giant MetLife, and before that she had spent time as a litigator in private practice and in senior roles at the U.S. Department of Justice. Litigators, Roseborough says, view the client through the lens of a single case or transaction. As a corporate lawyer, she’s responsible for what happens after the litiga- TODD BENNETT TODD Teresa Wynn Roseborough ’86 in Atlanta tion is over — whatever the outcome — and even trying Shortly after Martens got to the Justice Department, the terror to prevent the next case from ever getting as far as a courtroom. attacks of September 11 occurred, and then the Enron scandal “The opportunity to stay engaged with the same set of clients, to shook Wall Street. Martens, at the Justice Department and later really get to know them, to impact how they think, to help reason the SEC, was tapped to take a leading role in tackling some of the through issues and be involved in developing strategy,” she says, “is biggest financial cases prosecutors have faced in decades. just a great opportunity and a great way to practice law.” But after more than a decade in a prosecutorial role, it was time It’s a perspective and a position that she could never have for a change. anticipated when she entered Carolina Law in the 1980s. “In terms of what I enjoy the most, it’s defending people against “I wanted to be a great courtroom lawyer and I wanted to work government overreach,” he says. That may sound odd coming from a with big issues,” she says. “I wanted to use law to make people’s former federal prosecutor, but he adds, “I hope that mindset caused lives and businesses and our country better.” me to use good judgment as a prosecutor during the time I did that.” After law school, she clerked first for a federal appeals court Though he has spent more than a decade as a prosecutor, the judge and then for Supreme Court Justice John Paul Stevens, then challenge on the defense side is not that different. He’ll still need went into private practice at Sutherland Asbill & Brennan LLP as a to explain complicated business issues in a simple, compelling way litigation associate. to jurors who may have little financial knowledge, with or without After working on the Clinton transition team following the 1992 TV cameras watching his every move. presidential election, she spent three years at the Justice Department, “I like the adversarial system,” he says. “I like the strategy and the working with senior officials such as U.S. Attorney General Janet combat of litigation.” Reno and Assistant Attorney General Walter Dellinger. She returned to private practice at Sutherland as a partner in 1996, From Courtroom to Boardroom and spent the next 10 years there before joining MetLife’s in-house legal team in 2006 as the company’s chief litigation counsel. TERESA WYNN ROSEBOROUGH ’86 “I grew up with a father who was an actuary, so I was kind of The Home Depot, Atlanta attuned to the life insurance world,” she says. That exposure to the challenges and opportunities of being an in-house counsel eventu- As general counsel for The Home Depot, the world’s largest home ally led to her position at Home Depot. “Being in house is great.” improvement retailer, Teresa Wynn Roseborough’s scope of practice Roseborough continues to learn. When she entered law school, is as broad and varied as the contents of a Home Depot store. she says, “I really was clueless about the scope of what lawyers did.” “Everything from Chinese corporate law to bankruptcy to Now, she knows that scope first-hand. vendor agreements to litigation to employment to environmental “I loved law school,” she says. “I’m a nerd enough that I have law … it’s hard to imagine an area of law we don’t touch,” she says. loved everything about being a lawyer.” —Mark Tosczak

CAROLINA LAW 25 LOOKING BACK

Property and Slavery in the Old South Students Learn Legal History, Critical Thinking and Research Skills in Brophy Seminar

BY NANCY E. OATES

ot until Jessica Thompson took Al Brophy’s seminar on One student wrote about the prosecution of white women who “Property and Slavery in the Old South” did she learn had children with enslaved men. Another took on the topic of Nabout North Carolina Quaker slave owners. Thompson, in how judges used a minor Old Testament story, “the curse of Ham,” her third year of law school and a history and peace, war and defense in which Noah dooms to slavery the people led by his son Ham, double-major as an undergrad, had grown up near Greensboro, as a justification for enslaving Africans in America. Still another N.C., and was well familiar with Quaker history. But in Brophy’s student researched instances of enslaved people being allowed to seminar last fall, she learned how Quakers used a state law granting testify against white people in criminal prosecutions. property rights to religious groups to undermine the legal infra- Chris Dwight, a second-year law student, ensconced himself in structure codifying the institution of slavery and allow their slaves to Wilson Library’s Rare Book Collection to read a meticulously live in quasi-freedom. preserved document, an address by Mississippi High Court Justice The seminar gave her room to investigate the topic of Quaker William L. Harris that proved to be the cornerstone for his paper. manumissions, the act of a slave owner freeing his or her slaves, inde- Dwight reconstructed Harris’ seemingly straightforward applica- pendently. Thompson traveled to Guilford College, where she read tion of the law — legal arguments ranging from the freedom minutes of Quaker meetings, and the N.C. Archives in Raleigh, where of contract, to developing commercial capacity, to comity and she found handwritten trial records and affidavits from the early 1800s testamentary freedom — that documented Harris’ evolution until the start of the Civil War in 1861. This semester, she’s polishing toward anti-Unionism. the paper she wrote for the seminar to ready it for publication. “If the law could be mechanically applied in all instances, Brophy, UNC’s Judge John J. Parker Distinguished Professor of lawyers wouldn’t have jobs,” Dwight says. “There’s a creativity to Law, teaches property, legal history and trusts and estates. His book law that’s alive and well today as it was then.” to be published this fall from Oxford University Press, “University, Dwight emerged from the class with a stronger commitment to Court, and Slave,” explores how Southern academics and judges examining legal issues in a bigger context. After all, even the driest spoke a common language about slavery and economics. In his fall statute always affects someone’s life. The underlying assumptions of research-and-writing seminar, he inspired the 13 students in that a law are crucial to its application. Simple changes of assumptions class to delve into any number of aspects of applying the law to can lead to dangerous outcomes. moral issues. “I want readers to understand how ideas can snowball into a “The students grappled with timeless questions of the duty of conflict that leaves 600,000 men dead,” he says. “You can’t pin the obedience to law in the face of immorality,” Brophy says. Civil War into one single causal factor. It was a thousand steps in Brophy started the class off reading cases and literature on slavery one or another direction that eventually got you to a battlefield. and property. One Saturday night, he took the students to see the There has to be a hyper-awareness that our smallest actions can Oscar-winning film “12 Years a Slave.” He met with each student cause something extraordinarily tragic down the road.” individually to come up with a workable topic, and he pointed them Second-year law student Heidi Rickes, who studied American toward research resources. As the semester progressed, the students political history at Davidson College as an undergraduate, went “workshopped” their papers, giving one another feedback. The back to Davidson to read some of the literary addresses given range of topics impressed Brophy. there between 1838 and 1849. What people talked about in small, “I’ve been working in this area for decades,” he says, “and I highly educated groups often reflected or preceded ideas talked learned a lot from every paper. They led me to see more of the about in society at large. range of responses of enslaved people and proslavery thinkers both.” Rickes’ paper highlights an unusual but accurate method of “This generation is interested in the nuances of racial interaction,” studying history. he adds. “As recently as when George Bush was president, we “I looked at history through this very small lens, which weren’t thinking about racial interaction in the same way we are historians often have to do when primary sources are minimal,” now that Barack Obama is president. I see these changes reflected in Rickes says. “Yet the ideas in those speeches were indicative of the student papers.” larger picture.”

26 SPRING-SUMMER 2013 argued different aspects of whether the South should secede from the Union. Slavery, of course, was at the crux of most of those arguments. The project was time- consuming, Kleinman says, but paid off in making him a better writer as he learned to frame and contextualize his arguments. “That will help me, no matter what field of law I go into,” he says. “When you proffer an argument in court, you’re also contextual- izing it in arguments that have been made in the past. Seeing that approach done well will help me be more creative in applying the law.” His research showed how the sentiment of students in the mid-1800s

DONN YOUNG solidified in pro-slavery, Al Brophy and Ben Kleinman 3L research historical debate societies in the Wilson Library at UNC. anti-Union beliefs. Though it was uncom- The speeches given at Davidson probed perennial questions: fortable to acknowledge the darker side of UNC’s past, it also was What is your role in society? Is that role predetermined? Do important, especially so for lawyers who plan to practice in the South. certain members of society have duties to act in certain ways? Do “Anytime you’re working in a community, you need to under- people in certain professions have a greater responsibility to act? stand the history of that community,” Kleinman says. “There’s a “We’ve been talking about race for generations,” she says. “It was relationship that existed before you began practicing law there, important in the 1800s, and still is today.” and understanding the history allows you to understand how a Rickes says that in the seminar Brophy encouraged students to community is responding to you.” think critically, and now when she reads secondary sources, she Rarely does a practicing lawyer do the kind of research that looks for the counterarguments before deciding what is true and the students did in Brophy’s seminar. Thompson says her research where she stands on an issue. “Not to be skeptical, but to look into Quaker manumissions and how the technology of law could critically,” she says. be used innovatively to circumvent laws that promoted morally Thinking critically is something that rules-based classes often reprehensible practices was worthwhile for understanding public don’t have the luxury to do, Rickes says. Traditional law school interest litigation and how law develops. The law doesn’t always classes concentrate on teaching the rules. “We generally don’t have encompass the greater good of society or reflect all of society’s time for a class discussion about whether we think the rule is good moral views. Her research showed one way that dissenters can use or not,” she says. the law to effect change. Ben Kleinman, a third-year law student who is headed to “The judgments and decisions we make are not made in a the Air Force JAG Corps once he graduates, went to UNC’s vacuum,” she says. “Morality and history also will judge the Southern Historical Collection to transcribe handwritten papers decisions we make. It puts pressure on us to consider the morality of students in debating societies at UNC in the years leading up and the bigger picture whenever you make decisions as an attorney to the Civil War. The debates reflected the issues of the day; many or judge or in our own lives.”

CAROLINA LAW 27 DONORDonor PROFILE Profile

BY MICHELE LYNN Sizeable Ford Foundation Grant Ensures Future of UNC Center for Civil Rights

The center is unique efforts around the changed election laws in its approach. While in North Carolina and the impact of the most centers at academic Supreme Court decision that narrowed the institutions typically scope of the Voting Rights Act. focus solely on research, In addition, the Ford support will enable the UNC Center for the Center to expand upon a recently Civil Rights is action- completed statewide empirical study, “The oriented. With an State of Exclusion: An Empirical Analysis of emphasis on advocacy the Legacy of Segregated Communities in and litigation, it focuses North Carolina.” Dorosin says that the next on current issues in step is to look at available data on the scope North Carolina and and breadth of residential segregation in the South, and actively individual counties. pursues civil rights The center works closely with regional

WIKIPEDIA COMMONS through the courts. and national advocacy organizations, sharing The Ford Foundation Headquarters, located in New York City. Mark Dorosin ’94, ideas and collaborating. “The very generous managing attorney of the support from Ford will enable us to not only With a mission of supporting “visionary center, says that the gift from Ford will help continue and expand the work that we have leaders and organizations on the frontlines the center continue its strategic litigation in been doing but to model and replicate it in of social change worldwide,” the Ford its two current active cases, one on school other communities,” says Dorosin. “We hope Foundation funds change agents throughout desegregation in Pitt County, N.C., and an to see this work have the broadest possible the world. One of the recipients of the environmental justice case in Brunswick impact, which would mean expanding foundation’s largesse is the UNC Center County, N.C. “The center has a long and it across the state, across the South and for Civil Rights, founded at UNC School continuing commitment to addressing potentially across the nation as well.” of Law in 2001. This spring, the foundation school segregation and resegregation, The Ford funding will have a lasting made a generous grant of $300,000, payable and access to an equitable education for impact on future generations. “The center over two years, to the center. all students,” says Dorosin. “We hope to has a deep commitment to training the “Ford has a great commitment to human be able to dedicate some resources to next generation of civil rights lawyers,” says rights and to civil rights and feels like the developing new legal strategies to address Dorosin. “In all the work funded by this work our center is doing is vital in this the continuing racial isolation in schools grant, we will be certain to include law region,” says Kris Jensen, associate dean for protected using the state constitution and students, summer interns and fellows to try advancement at the School of Law. “They the landmark Leandro case, which recog- to fulfill that part of [former center director] were one of the first funders to give money nized that every student has the constitu- Julius Chambers’ vision that this center to the center over a decade ago and have tional right to a sound basic education.” would be not only a resource for communi- consistently given us grants throughout the The Ford funding will also support ties across the state but also for young civil years to keep the center moving forward.” additional voter education and engagement rights lawyers.”

28 SPRING-SUMMER 2014 CLASS NOTES

1961 1970 JOHN F. “BUZ” WINDHAM retired from the ROBERT M. CLAY of Young Moore and JAMES W. WILLIAMS of Roberts & Stevens practice of law in December. After 38 years of Henderson, P.A. in Raleigh, N.C.,was selected Law Firm in Asheville, N.C., was selected by litigation practice with Beggs & Lane in for inclusion to North Carolina Super Lawyers Best Lawyers in America in 2014 for medical Pensacola, Fla., Windham plans to devote more for 2014. malpractice law – defendants and personal time to his family, church and charitable organizations. JOHN S. STEVENS of Roberts & Stevens Law injury litigation – defendants and named a Best Firm in Asheville, N.C., was selected by Best Lawyers’ 2014 Asheville personal injury 1977 Lawyers in America in 2014 in corporate law and litigation – defendants “Lawyer of the Year.” Williams was also selected as a 2014 North as a Best Lawyers’ 2014 Asheville corporate law WILLIAM P. DANIELL, of Young Moore and Carolina Super Lawyer for personal injury “Lawyer of the Year.” Henderson, P.A. in Raleigh, N.C., is a fellow of defense – medical malpractice. the American College of Trial Lawyers and was 1963 also selected for inclusion to North Carolina 1971 Super Lawyers of 2014. FRANK M. BELL JR., one of the founding directors of J. MICHAEL BOOE joined Winston & Strawn 1978 the Winston-Salem based LLP in Charlotte, N.C. as partner. law firm of Bell, Davis & WILLIAM JOSEPH “JOE” AUSTIN JR. of Pitt, PA, was honored by the 1973 Ward and Smith, P.A. in Raleigh, N.C. was North Carolina Bar for DAN M. HARTZOG, managing partner of selected for inclusion in the 2014 Best Lawyers in passing his 50th year in the Cranfill Sumner & Hartzog LLP in Raleigh, America in the practice areas of employment law practice of law in the state. – management; labor law – management; and Frank M. Bell Jr. N.C., was recognized by Business North Carolina magazine as a member of its 2014 “legal elite” in workers’ compensation law – employers. 1967 the area of litigation. He has also been named a WALTER E. BROCK JR. of Young Moore & Fellow of the American College of Trial Lawyers. Henderson, P.A. in Raleigh, N.C., was selected for DAVID GARDNER FREY of Grand Rapids, JOHN W. MASON of Roberts & Stevens Law inclusion in the 2014 Business North Carolina Mich., was honored by the UNC Board of Firm in Asheville, N.C., was selected by Best “legal elite” and was also selected for inclusion Trustees with the William Richardson Davie Lawyers in America in 2014 for trusts & estates to North Carolina Super Lawyers for 2014. Award, the University’s highest honor. law – litigation. RICHARD A. SCHWARTZ was the lead Established in 1984, the Davie Award is named STEPHEN T. SMITH of McMillan & Smith, attorney representing the Union County, N.C., for the Revolutionary War hero who is Board of Education in a nine-week jury trial considered the father of the University. It Raleigh, N.C., former chair of the N.C. Environmental Management Commission, against the Union County Board of recognizes extraordinary service to the Commissioners, claiming inadequate school University or society. received the Wake County Bar Association’s 2013 Joseph Branch Professional Award, the funding. The jury returned a verdict in excess 1968 highest honor the Wake Bar bestows. Smith of $91 million in favor of the Board of also received the Tar-Pamlico River Education to properly fund the Union County Schools. It is the largest jury verdict in any PENDER MCELROY Foundation’s 2013 Great Blue Heron Award of James, McElroy & North Carolina case in the last 14 years. Diehl, P.A. in Charlotte, N.C., was honored for “outstanding long-term contributions to with the 2013 Distinguished Pro Bono Service the protection of environmental quality in the Award at the second annual Pro Bono Awards Tar-Pamlico watershed.” 1979 in Charlotte, hosted by nonprofits Council for RICHARD L. VANORE of Carruthers & Roth, MARC RUDOW of Roberts & Stevens Law Children’s Rights, Legal Aid of North Carolina P.A. in Greensboro, N.C., was selected for Firm in Asheville, N.C., was selected by Best and Legal Services of Southern Piedmont. The inclusion in the 2014 North Carolina Super Lawyers in America in 2014 for real estate law. Distinguished Pro Bono Service Award is a Lawyers list for the practice area of personal THE HONORABLE LINDA STEPHENS of the lifetime achievement honor recognizing an injury defense – medical malpractice law. individual whose long-standing and exceptional North Carolina Court of Appeals was dedication to pro bono legal service has made a 1974 honored as part of the North Carolina Lawyers significant impact on access to justice on the Weekly 2013 Women in Justice Awards with community and state level. STUART WILLIAMS of Henson & Efron, P.A. the Public Official Award. in Minneapolis, was elected by the Minnesota 1969 Board of Pharmacy as president for 2014 and 1980 was elected by the Minnesota Board of Nursing JIM ALLISON of Johnston Allison & Hord PA as vice-president for 2014. DAVID NEAL ALLEN, of Hedrick Gardner in was named the 2014 Charlotte Best Lawyers in Raleigh, N.C., was selected for inclusion in America “Lawyer of the Year” in health care law. 1975 2014 North Carolina Super Lawyers in the category of civil litigation defense. SAMUEL O. SOUTHERN of Smith Moore THE HONORABLE ELIZABETH KEEVER, Leatherwood in Raleigh, N.C., was appointed MARY PATRICIA “MP” AZEVEDO, previous chief District Court judge with the 12th deputy director of the FDIC’s Office of by Governor Pat McCrory as chairman of the Judicial District in Fayetteville, N.C., was U.S.S. North Carolina Battleship Commission. Complex Financial Institutions, joined honored as part of the North Carolina Lawyers PricewaterhouseCoopers LLP as a managing Weekly 2013 Women in Justice Awards with the director in the firm’s financial services Public Official Award. regulatory practice. CAROLINA LAW 29 CLASS NOTES

MIKE L. ROBINSON is a candidate for the 1983 ROB GELBLUM is now of counsel at The Law North Carolina Supreme Court after 33 years Offices of F. Bryan Brice Jr. in Raleigh, N.C. of practicing law in Winston-Salem. VINCENT D. CHILDRESS JR. of Roberts & Gelblum previously spent 25 years as an SHERYL H. WILLIAMS of Roberts & Stevens Stevens Law Firm in Asheville, N.C., was environmental lawyer for the N.C. Department of Law Firm in Asheville, N.C., was selected by selected by Best Lawyers in America in 2014 for Environment and Natural Resources, first Best Lawyers in America in 2014 for real estate corporate and health care law. Childress was also in-house, then for 20 years in the North Carolina law – litigation and as a Best Lawyers’ 2014 selected as a 2014 North Carolina Super Attorney General’s Environmental Division. Asheville real estate law “Lawyer of the Year.” Lawyer in business/corporate law. J. SCOTT DILLON of Carruthers & Roth, P.A. 1986 1981 in Greensboro, N.C., was selected for inclusion JUNE L. BASDEN of Carruthers & Roth, P.A. in the 2014 North Carolina Super Lawyers list in Greensboro, N.C., was selected for inclusion ANN ANDERSON, N.C. Dispute Resolution for the practice area of business/corporate law. Commission Superior Court certified mediator in Business North Carolina’s “legal elite” for 2014 in Pilot Mountain, N.C., was honored as part of 1984 for the practice areas of bankruptcy law and the North Carolina Lawyers Weekly 2013 Women business law. in Justice Awards with the Litigation SUSAN STRAYHORN HELEN MICHAEL, a partner at Kilpatrick Practitioner Award. BARBOUR with McGuire, Townsend & Stockton in Washington, D.C., was Wood & Bissette, P.A. in named 2013-2014 chair-elect of the Insurance 1982 Asheville, N.C., was named Coverage Committee of the American Bar to the 2014 Business North Association’s Tort, Trial and Insurance Practice JONATHAN A. BERKELHAMMER joined Carolina magazine’s “legal Section (TIPS). Michael is co-leader of the firm’s Ellis & Winters LLP as a partner in the firm’s elite” list of the top lawyers insurance recovery team and serves on the firm’s Greensboro, N.C., office. in North Carolina. executive committee and pro bono committee. Susan Strayhorn LESLIE C. PACKER was honored as part of the Barbour SUSAN E. HAUSER, KIM CHURCH associate professor of law at North Carolina Lawyers Weekly 2013 Women in is the author of North Carolina Central University School of Justice Awards with the Litigation Practitioner Award. a novel, BYRD Law, was honored as part of the North Carolina (Dzanc Books, Lawyers Weekly 2013 Women in Justice Awards with the Legal Scholar Award. 1987 March 2014). Set in North Carolina SUSAN RECTOR, partner at Ice Miller LLP, CHERYL DANIELS HOWELL, Albert Coates and points west, was recognized by Chambers USA for Professor of Public Law and Government with BYRD is the intellectual property. Rector represents the UNC School of Government, was fragmented companies in business transactions and in all honored as part of the North Carolina Lawyers aspects of intellectual property protection and family history of Weekly 2013 Women in Justice Awards with ownership. She assists start-up and established a child given up the Legal Scholar Award. businesses with commercializing technology for adoption. Jill and conducting business online. She has JOSHUA N. ROSE joined Tully Rinckey PLLC McCorkle says of the book, “Brilliant prosecuted more than 675 applications with the as a senior associate, bringing with him over 25 writing - lively and heartbreaking at U.S. Trademark Office. years of experience representing employees. At every turn.” Ron Rash calls it “a the firm’s Washington, D.C., office, Rose will ROBIN J. STINSON, a family law attorney riveting debut.” Church’s writing continue to help government workers with Bell, Davis & Pitt, P.A. in Winston-Salem, understand their rights and find the best course honors include fellowships from the N.C., was named to the 2014 class of North North Carolina Arts Council. A former of action to address virtually any aspect of Carolina’s “legal elite” by Business North Carolina federal employment and labor law. partner at Tharrington Smith in magazine and to North Carolina’s Super Lawyers Raleigh, she now divides her time for 2014. C. THOMAS STEELE JR. of Wishart Norris between writing and law. Henninger & Pittman, P.A. in Burlington, N.C., 1985 received the District Award of Merit from Alamance District, Old North State Council, JACQUELINE R. CLARE of Raleigh, N.C., was DAVID J. BURGE, a partner in the real estate Boy Scouts of America. honored as part of the North Carolina Lawyers practice at Smith, Gambrell & Russell, LLP in Weekly 2013 Women in Justice Awards with the Atlanta, was appointed a member of the board 1988 Litigation Practitioner Award. of voter registration and elections of Fulton SHERROD BANKS with Banks Law Firm in WILLIAM “BILLY” CLARKE of Roberts & County, Ga., and for a second five-year term Durham, N.C., is serving on the ABA Stevens Law Firm in Asheville, N.C., was as a member of the Georgia Real Estate governing committee on affordable housing and selected by Best Lawyers in America in 2014 for Commission. community development law. environmental law – litigation and natural MARK FINKELSTEIN was resources law. Clarke has been recognized since elected president-elect of the ARTHUR J. DEBAUGH of Bell, Davis & Pitt, 2012 in Business North Carolina magazine’s “legal 10th Judicial District of P.A. in Winston-Salem, N.C., was certified as a elite” Hall of Fame for environmental law. North Carolina. Finkelstein specialist in trademark law by the North Clarke was also selected as a 2014 North is a business law and Carolina State Bar Board of Legal Carolina Super Lawyer in environmental law. litigation partner in the Specialization. DeBaugh was also named to the 2014 class of North Carolina’s “legal elite” by JEFF SCHARFF joined Katten Muchin Raleigh office of Smith Business North Carolina magazine. Rosenman LLP as a partner in the firm’s Moore Leatherwood LLP. expanded real estate practice and will be based Mark Finkelstein in New York and Washington, D.C.

30 SPRING-SUMMER 2014 ALLEN KINZER, a partner in the Columbus, 1992 DAVID K. LIGGETT, of Ragsdale Liggett Ohio, office of Vorys, Sater, Seymour and PLLC in Raleigh, N.C., was selected to Best Pease LLP, was included on the 2014 Ohio BETH FROEHLING accepted the position of Lawyers in America in the area of insurance law. Super Lawyers list. director of student life and pro bono opportunities at Campbell University School of 1996 1989 Law in Raleigh, N.C. DAVID BARNARD of Kansas City, Mo., was ALEXANDRA “ALIX” DARROW, senior ALEX HAGAN, a partner with Ellis and named chair of Lathrop & Gage’s intellectual in-house counsel with ADP, Inc. in Chicago, is Winters in Raleigh, N.C., was appointed vice property litigation department. He is also the 2014 president for the Chicago Chapter of chair of the medical liability and health care law serving as chair of the board for Kansas City the Association of Corporate Counsel (ACC committee of the Defense Research Institute FilmFest, Kansas City’s biggest film festival. (DRI). Chicago). REED N. FOUNTAIN of Young Moore and KAY HOBART joined Parker Poe as a partner 1993 Henderson, P.A. of Raleigh, N.C., was selected in the Raleigh, N.C. as a 2014 Business North Carolina’s “legal elite.” JOHN TOMEI of Teague Campbell Dennis & KIMBERLY H. WHITLEY of Patrick of Harper He was also selected for inclusion in North Gorham in Raleigh, N.C., was honored by U.S. & Dixon, LLP in Hickory, N.C., was honored Carolina Super Lawyers for 2014. News and World Report as a 2014 “Best Lawyer” as part of the North Carolina Lawyers Weekly NANCY L. GRACE of for workers’ compensation law – employers. 2013 Women in Justice Awards with the Wake Family Law Group in Business Practitioner Award. Raleigh, N.C., was elected 1990 2014 president of the N.C. 1994 Chapter of the American RAYMOND VAN DYKE, founding member of Academy of Matrimonial Van Dyke Law in Washington, D.C., practicing PHILLIP T. JACKSON of Roberts & Stevens Lawyers, an organization of in intellectual property and patent law, was Law Firm in Asheville, N.C., was selected by the nation’s pre-eminent reappointed the Greater Washington, D.C., Best Lawyers in America in 2014 for insurance Nancy L. Grace family law attorneys. chapter chair of the Licensing Executives litigation. Society. He continues to lecture worldwide and PAM WACHTER MCAFEE has launched 1997 teach at Southern Methodist University. McAfee Mediation, focusing on dispute resolution in the areas of consumer and business ALAN KRONOVET is the executive vice 1991 bankruptcy, debtor-creditor issues, complex president and head of Wells Fargo Commercial business litigation, and lender liability. She is Mortgage Servicing in Charlotte, N.C. GEORGE AUTRY, in the certified by the N.C. State Bar as a specialist in JOSEPH J. “JAY” STROBLE is a partner at Raleigh, N.C., office of business and consumer bankruptcy law. She is Bradley Arant Boult Cummings LLP in Jackson, Cranfill Sumner & Hartzog also teaching the bankruptcy course at Miss. Stroble practices in the firm’s litigation LLP, was elected to serve a Campbell Law in 2014. practice group and is a member of BABC’s life three-year term on the board sciences industry team. of directors for the Owners’ WYATT S. STEVENS of Roberts & Stevens Counsel of America (OCA), Law Firm in Asheville, N.C., was selected by Best a national network of Lawyers in America in 2014 for commercial 1998 George Autry litigation, trusts & estates litigation, and personal experienced condemnation MELISSA DEWEY BRUMBACK, partner at attorneys. injury litigation – defendants. Stevens was also selected as a 2014 North Carolina Super Lawyer Ragsdale Liggett PLLC in Raleigh, N.C., was DOROTHY BASS BURCH of Ragsdale Liggett for personal injury defense. invited into the Claims and Litigation PLLC in Raleigh, N.C., was chosen as a “Leader Management Alliance. in the Law” by the North Carolina Lawyers 1995 THE HONORABLE LENA M. JAMES was Weekly magazine. appointed to the position of U.S. bankruptcy BILL A. MANN, of Ragsdale Liggett PLLC in MELISSA PETERSMARCK CLEARY of judge and serves as the chief deputy for the U.S. Raleigh, N.C., was named to Best Lawyers in Teague Campbell Dennis & Gorham in Bankruptcy Court for the Middle District of America in the area of real estate law. Raleigh, N.C., was honored by U.S. News and North Carolina. James previously worked as World Report as a 2014 “Best Lawyer” in SANDRA WOODS MITTERLING, of career law clerk to Chief Bankruptcy Judge Raleigh, N.C., for professional malpractice law Ragsdale Liggett PLLC in Raleigh, N.C., was Catharine R. Aron and as an attorney at – defendants and workers’ compensation law. named to the Bar Register of Preeminent Womble, Carlyle, Sandridge & Rice. Women Lawyers and was invited to join the JACQUELINE D. GRANT CARRIE MEIGS of Teague Campbell Dennis Claims and Litigation Management Alliance. of Roberts & Stevens Law & Gorham in Raleigh, N.C., was honored by Firm in Asheville, N.C., was GLENN C. RAYNOR of Young Moore & U.S. News and World Report as a 2014 “Best selected by Best Lawyers in Henderson, P.A. in Raleigh, N.C., was selected Lawyer” for Raleigh, N.C., in personal injury America in 2014 for medical for inclusion in the North Carolina Super litigation – defendants and professional malpractice law – defendants. Lawyers for 2014. malpractice law. Grant was also selected as a MARK SHELBURNE, counsel and policy KEITH A. WOOD of Carruthers & Roth, P.A. 2014 North Carolina Super coordinator at N.C. Housing Finance Agency, is in Greensboro, N.C., was selected for inclusion Jacqueline D. Lawyer for personal injury serving on the ABA governing committee on in the 2014 North Carolina Super Lawyers list Grant defense – medical malpractice, affordable housing and community for the practice area of estate planning and a Top 50 Women North development law. probate law. He was also selected for inclusion Carolina Super Lawyer since in Business North Carolina’s “legal elite” for 2014 2012 and a Top 100 N.C. for the practice area of tax/estate planning. Super Lawyer in 2014.

CAROLINA LAW 31 CLASS NOTES

1999 2004 2006 EDWARD B. DAVIS of Bell, Davis & Pitt, P.A. ANGELA FARAG CRADDOCK of Young ATINUKE AKINTOLA DIVER’S essay, in Charlotte, N.C., was named to North Moore and Henderson, P.A. of Raleigh, N.C., “Running Into Glass Doors,” was published in Carolina’s Super Lawyers for 2014. was selected for inclusion to North Carolina the book “Talking Taboo: American Christian Super Lawyers for 2014 as a Rising Star. Women Get Frank about Faith” (White Cloud 2000 L’TRYCE SLADE was selected as a 2014 Press, Oct. 2013). “Groundbreaker” in the January edition of DAN M. HARTZOG JR. was named partner at DEEPA DAMRE was promoted to managing Birmingham Magazine. She was recognized for Cranfill Sumner & Hartzog LLP in Raleigh, N.C. director, legal and compliance at BlackRock and her work as owner of Slade construction firm is located in their San Francisco office. She is JOE HELLRUNG accepted the position of in Birmingham, Ala. primarily responsible for overseeing regulatory associate counsel with Nestle Purina Petcare matters and key strategic initiatives of the iShares Company in St. Louis, Mo. He represents ETF business within BlackRock. 2005 various business groups in the areas of food and consumer marketing law. 2002 NICHOLAS J. BAKATSIAS of Carruthers & Roth, P.A. in Greensboro, N.C., was named 2007 SABRINA PRESNELL ROCKOFF was director at the firm in January. appointed as shareholder at McGuire, Wood & TRACY W. KIMBRELL, who served as general HOUSTON BARNES of the Barnes Law Firm Bissette PA in Asheville, N.C. Rockoff was also counsel for N.C. Senate President Pro Tempore in Durham, N.C., is a candidate for U.S. named to the 2014 Business North Carolina Phil Berger (R-Rockingham) from 2010 Congress in North Carolina’s 2nd magazine’s “legal elite” list of the top lawyers in through 2013, joined Parker Poe’s Raleigh Congressional District. North Carolina and was the presenting speaker office as a partner and co-chair of the KIMBERLY BLACKWELL BISHOP started the at Western Carolina Industries’ workshop “New government relations and lobbying team. Bishop Law Firm, providing Social Security FMLA Rules and Advanced FMLA JODI KNOX was promoted to partner at and disability rights representation in Raleigh, Applications.” Womble Carlyle Sandridge & Rice, LLP in Cary, Durham and surrounding areas in North GREGORY WAHL has accepted the position of January. Knox represents hospitals and health Carolina. team lead at the Overseas Security Advisory care providers in regulatory compliance matters, EDWARD T. CHANEY joined Schell Bray in Council (OSAC) Regional Analysis Unit for the including Stark Law, the federal anti-kickback Chapel Hill, N.C., and will concentrate his U.S. Department of State. statute, EMTALA and Medicare/Medicaid practice in the area of tax-exempt organizations. reimbursement. Knox practices in the firm’s 2003 Greensboro, N.C., office. 2008 SARAH MOTLEY STONE was promoted to ASHLEY HUFFSTETLER CAMPBELL of partner at Womble Carlyle Sandridge & Rice, COLIN BAKER joined the Orlando, Fla., office Ragsdale Liggett, PLLC in Raleigh, N.C., was LLP in Charlotte, N.C., in January. She of Greenberg Traurig as an associate in the honored as part of the North Carolina Lawyers represents clients in commercial disputes, litigation practice. Weekly 2013 Women in Justice Awards with the including contract matters, business torts and Rising Star Award. ROBERT F. “RICK” JACKSON was appointed construction litigation. She also regularly shareholder to the firm of McGuire, Wood & KATE DEITER-MARADEI of Deiter Mediation counsels schools on employment, student and Bissette in Asheville, N.C. in Raleigh, N.C., was honored as part of the education policy matters, as well as state and MATT LILES North Carolina Lawyers Weekly 2013 Women in federal compliance issues. joined the North Carolina Justice Awards with the Rising Star Award. Department of Justice in Raleigh, N.C., as BRIAN DUNCAN MEACHAM was named assistant attorney general, Consumer partner at Smith Anderson in Raleigh, N.C. DIANE Protection Division. Liles was previously an associate with Cohen, Milstein, Sellers & Toll JON H. PATTERSON was named a partner of STANDAERT PLLC in Washington, D.C. Bradley Arant Boult Cummings LLP in with the Center Birmingham, Ala. He is a member of the for Affordable AMILY MCCOOL with Legal Aid of North firm’s general litigation group, with a focus on Lending in Carolina and the McCool Law Firm was honored as part of the North Carolina Lawyers mortgage litigation and commercial and Durham, N.C., is business litigation. Weekly 2013 Women in Justice Awards with the serving on the Public Service Practitioner Award. REBECCA JOHNSTON REINHARDT of ABA governing Roberts & Stevens Law Firm in Asheville, N.C., committee on 2009 was selected to Business North Carolina affordable housing and community magazine’s “legal elite” 2014 for real estate law. development law. She also co-edited ADAM T. DUKE of Bell, Davis, and Pitt in CHAD STOVER joined Barnes & Thornburg and published the book “Building Winston-Salem, N.C., was named to North LLP in Wilmington, Del., as a partner in the Community Resilience Post-Disaster: Carolina’s Super Lawyers for 2014. firm’s intellectual property and litigation A Guide for Affordable Housing and MICHAEL MARTINEZ departments. of Grier, Furr & Community Economic Development Crisp, P.A. in Charlotte, N.C., was honored JENNIFER C. WASSON of Potter Anderson & Practitioners” (American Bar with the 2013 Outstanding Pro Bono Service Corroon LLP in Wilmington, Del., was Association, 2013), which provides Award at the second annual Pro Bono Awards promoted to partner. Wasson practices in the post-disaster legal and regulatory in Charlotte, hosted by nonprofits Council for areas of insurance coverage litigation, general plans, important lessons learned Children’s Rights, Legal Aid of North commercial litigation, and labor and Carolina and Legal Services of Southern employment counseling. from prior disasters, and tools to foster community recovery. Piedmont. Martinez assisted Legal Services of Southern Piedmont’s low-income clients with a variety of issues and contributed 270 hours of pro bono service last year. 32 SPRING-SUMMER 2014 STARLING B. clients in litigated and non-litigated business-to- DAMIAN “DAC” CANNON is an associate UNDERWOOD III of business disputes such as breach of contract in Parker Poe’s Raleigh, N.C., office. He McGuire, Wood & Bissette in matters, loan enforcement actions, construction represents health care providers and Asheville, N.C., was matters, insurance disputes, regulatory matters, organizations in administrative proceedings appointed as an advisory business torts, and professional liability matters. and litigation matters, and advises clients member to the North THOMAS K. KIM joined the parole regarding regulatory issues in the health care Carolina State Bar grievance revocation defense unit of the Legal Aid industry. and authorized-to-practice Society in New York, where he represents ALEKSANDRA E. KOZLOWSKA joined Starling B. committees. Underwood was Underwood parolees at administrative hearings at the Pharr Law, PLLC in Winston Salem, N.C., as also named to the 2014 Rikers Island Judicial Center. a associate and will concentrate her practice North Carolina “Rising in construction litigation. Stars” list. JOHN D. NOOR joined Roberts & Stevens Law Firm in Asheville, N.C., as a litigation VIRGINIA PLEASANTS 2010 attorney focusing on environmental law, accepted the position of complex business litigation, governmental affairs associate with Bell, Davis, MONICA HANDA’S litigation group at and public policy. and Pitt P.A. in Winston- Cochran & Owen, LLC in Vienna, Va., has Salem, N.C. joined BrigliaHundley in Fairfax, Va. The 2013 combined practice is a full-service law firm serving the mid-Atlantic region. ANDREW C. BAIRD III joined Christian & Barton, L.L.P. in Richmond, Va., as an associate Virginia Pleasants ROGER MCDORMAN accepted the position of in the firm’s health care and business law trademark examining attorney with the United departments. JON SINK joined Shanahan Law Group in States Patent and Trademark Office in Raleigh, N.C. as an associate. Sink has also Alexandria, Va. CONNOR BLAIR accepted the position of associate with accepted an offer to clerk for Judge Jennifer MARCUS B. SMITH is an associate with Littler the litigation practice group Elrod on the United States Court of Appeals Mendelson in Las Vegas. of Bradley Arant Boult for the Fifth Circuit in Houston, Texas, and Cummings LLP in will begin work in the fall. 2011 Nashville, Tenn. NICK TOSCO accepted the position of associate in the government and public RACHEL MARIE BLUNK of Wishart Norris policy practice group of Parker Poe in Henninger & Pittman in Burlington, N.C., Connor Blair Charlotte, N.C. was elected as vice-president to the board of COURTNEY L. VALENTINE accepted the the North Carolina Association of Women SARA COUCH BRYANT joined the securities position of associate with the business Attorneys for 2014. and consumer fraud practice group of Motley litigation group of HunterMacLean in MICHAEL FISCHER joined Womble Carlyle Rice in Mt. Pleasant, S.C. She works with Savannah, Ga. Sandridge & Rice, LLP in Charlotte, N.C. many of the firm’s institutional investors, JUDD WILLIAMSON joined Donna Ambler ALICIA KERR joined Lathrop & Gage LLP in government entities and consumers, in addition Davis, PC in Chapel Hill, N.C., and is St. Louis, Mo., as an associate. Kerr represents to assisting in the firm’s individual tobacco cases and litigation. practicing family law.

Staff Profile: Vanda Chou

POSITION: Director of Law School WHAT DO YOU LIKE BEST ABOUT WORKING AT UNC Financial Aid SCHOOL OF LAW? The people! HOMETOWN: Greenville, S.C. WHAT WAS YOUR FIRST JOB? Teaching 1-year-olds. Education: B.A. English, Religion HOW DO YOU LIKE TO SPEND YOUR FREE TIME? Feeding minor, and Elementary Teacher ducks with my toddler Hermione, creating (crafts, photos, Licensure, Duke University poems, baked goods). VOLUNTEER OR OTHER PROFES- WHAT ARE YOU READING? “David and Goliath: Underdogs, SIONAL ACTIVITIES: Duke Alumni Misfits, and the Art of Battling Giants,” by Malcolm Gladwell, Association and Secret Society and “The Heroes of Olympus, Book Four: The House of Hades,” by Rick Riordan. HOW LONG HAVE YOU WORKED AT THE LAW SCHOOL? WHAT IS YOUR FAVORITE MOVIE OR TV SHOW? I used to have these things, but then I had a kid. KATHERINE KERSHAW KATHERINE Since July 2011. WHAT DOES YOUR JOB ENTAIL? Counseling prospective and WHAT IS ONE THING ABOUT YOU THAT OTHERS AT THE current students and alumni on financial aid and our Loan Repay- LAW SCHOOL MIGHT NOT KNOW? I never figured out how to ment Assistance Program (LRAP); data management and review; whistle, but I tried every day after school between the sixth and and conquering ConnectCarolina, the administrative software for eighth grade. student systems, human resources, payroll and finance.

CAROLINA LAW 33

FACULTY BOOKS

MICHAEL L. CORRADO JOHN CONLEY (WITH Presumed Dangerous: CHRIS HEFFER AND Punishment, FRANCES ROCK), ED. Responsibility, and Legal-Lay Preventive Detention in Communication: American Jurisprudence Textual Travels in Carolina Academic Press, the Law 2013, 148 pages. Oxford University Press, ISBN-13: 9781611634457 2013. 352 pages. ISBN-13: 9780199746835

ALFRED L. BROPHY AND KENNETH S. BROUN AND SALLY E. HADDEN, EDS. ROBERT P. MOSTELLER A Companion to American McCormick on Evidence Legal History (Practitioner Treatise Series) (7th Edition) Wiley-Blackwell, 2013. 596 pages. Thomson/West 2013, 2013. ISBN-13: 9781444331424 ISBN-13: 9780314812520

JEFFREY MICHAEL HIRSCH (WITH RICHARD A. BALES AND PAUL M. SECUNDA) Understanding Employment Law (2nd Edition) LexisNexis, 2013. 312 pages. ISBN-13: 9780769859910

The Forgotten DONALD T. HORNSTEIN Presidents Environmental Law and Policy UNC Press, 2013. 240 pages. Michael Gerhardt’s 2013 book ISBN-13: 9781469615721 “The Forgotten Presidents: Their Untold Constitutional RUTH ANN MCKINNEY AND Legacy” (Oxford University KATIE ROSE GUEST PRYAL ’03 Press, 2013) was named one Core Grammar for College of the Financial Times’ “Books of the Year” for 2013. The Carolina Academic Press, 2013. Financial Times called it “an ISBN-13: 9781611635850 engaging and original study of U.S. constitutional history, focusing on the eras of 13 lesser-know presidents such as Millard Fillmore and Chester Arthur.”

34 SPRING-SUMMER 2014 PARTING SHOTS

Tom Kelley, Paul B. Eaton Distinguished Professor of Law, collaborates with Glorieuse Uwizeye to plan field trips for study abroad students during a summer trip to Rwanda. Kelley traveled to Rwanda with a group of 21 UNC students and taught a course on genocide, human rights and international criminal law. Kelley plans to take another group in the summer of 2015.

Wilson White ‘06, public policy manager for Google Glass, introduces Assistant Professor Deborah Gerhardt to Google Glass at a private demonstration at the American Tobacco Campus in Durham, N.C., in October. KATHERINE KERSHAW KATHERINE The Class of 2014 elected to support the Law Annual Fund as this year’s 3L Class Gift. Class gift officers, from left, Mary Scott Kennedy, 3L DONN YOUNG class representative; J.M. Durnovich, SBA president; Donald Huggins, Clinical Assistant Professor Mandy Hitchcock ’07 and Chris Heaney ’13 at the 3L class representative; and Andrew Gibbs, 3L class president, ran a Chancellors Scholars Luncheon in February. successful campaign.

CAROLINA LAW 35 VOICES

My Lessons from the Cover of Time Magazine How Defending Wen Ho Lee Made Me a Better Prosecutor and Teacher

RICHARD E. MYERS II ’98 ASSOCIATE DEAN FOR STUDENT AFFAIRS AND HENRY BRANDIS PROFESSOR OF LAW STEVE EXUM STEVE

n September 2000, I received a call from my dad, who was on speakers on the subject of prosecuting terrorism cases at a symposium his cellphone in an airport. “Do you know you’re on the cover put together by our students at the North Carolina Journal of Interna- Iof Time Magazine?” His voice held a mix of wonder and fatherly tional Law and Commercial Regulation. I was transported back to the pride. I had no business being there, really. I was there because I was early uncertainty in Dr. Lee’s case, when we didn’t know who was the junior associate on the defense team for Wen Ho Lee. wrong and who was right. I reflected on the choices we all have to Dr. Lee was a Chinese-American nuclear scientist at Los Alamos make about building a legal system that is capable of protecting our National Laboratories who did classified work for the American collective security while defending the rights of every individual who nuclear program. When I was assigned to the case, Dr. Lee was facing stands accused by the state. At the symposium, I explained some of the 59 counts, many of which carried potential life sentences. At his bond legal mechanisms that we use to try to strike the balance of interests hearing, the accusations that he had sold U.S. nuclear secrets to China — such as the Classified Information Procedures Act, designed to led the government to characterize the risks to national security ameliorate the risk that defendants will threaten to reveal our secrets should he be granted bond as “potentially catastrophic.” At the time in order to “graymail” the government into dropping a prosecution. that the magazine cover photo was taken, he had just been released I also talked about the ethical responsibilities of the lawyers on from federal custody. Because I happen to be a relatively big man, I both sides of national security cases. As part of the defense team, I was one of the lawyers who escorted him through a mob of reporters held a security clearance at a classified level above top-secret, and I and well-wishers, and that’s how I landed on the cover of Time. That know things that I can never share. Mandated silence is a restrictive pro bono representation was incredibly rewarding. I got to know Dr. box for a former newspaper reporter and current law professor, by Lee and was part of the team that ultimately helped bring about a just the way. But it’s a proud part of my past that I represented Dr. Lee in result in his case. the most trying time of his life. In one of life’s interesting twists, after But it was also incredibly risky. When the law firm where I worked representing Dr. Lee, I went on to become a federal prosecutor and took the case, it wasn’t clear whether the firm was going to be worked with one of the attorneys from the other side of the case, who infamous for representing a nuclear spy. To his everlasting credit, a is now one of my closest friends. senior partner at O’Melveny & Myers, which would put together the Being a good lawyer, either as a prosecutor or a defender, requires defense team, spoke up and said, “I don’t know how this will turn out, an undefinable mix of self-confidence and humility, courage and but if anyone on Earth needs a good lawyer right now, it’s this man.” sympathy, energy and creativity, and old-fashioned hard work. I The law firm decided to take the case. When I begged to be added tried as hard as I could every day I practiced law to get that blend to that case, there was a risk that my father would see his eldest son right, and my work as a prosecutor was irrevocably affected by my excoriated, not feted, for defending someone accused of damaging time as a defense lawyer. I hope that the lessons I teach my students, the national security of the United States. The better part of my time explicitly and implicitly, help prepare them in some small way for for more than a year was spent working for free to defend Dr. Lee. the balancing act that they will go forth and face. It’s fashionable to Thanks in great part to the tireless work of his legal team, he walked mock the legal profession, but when what you really need is a good free after admitting to mishandling classified information, rather than lawyer, nothing, and I mean absolutely nothing, else will do. I chose spending the multiple life sentences in prison that he was facing under to come back and teach at Carolina Law so I could spend my time the Atomic Energy Act. helping train good ones. I don’t dwell on that case too often — the river of time has long since flowed past that point. But in February I joined a panel of

36 SPRING-SUMMER 2014 Connect with Carolina Law! August 11-September 26 Carolina Law is now on Instagram! Fall On-Campus Interviews @unc_law #unclaw Alumni are invited to recruit on campus for their Follow us on Twitter! employers, or post opportunities through the Career Career Development Office @UNCLAWCDO Development Office. Interviews are held at the law Center for Banking and Finance @UNCbanking school or remotely via our video interview room Center for Civil Rights @UNCCivilRights from 9 a.m. to 5 p.m. weekdays with a one-hour Center for Law, Environment, Adaption and Resources break for lunch. Lunch is hosted by Brian Lewis, (CLEAR) @UNCCLEAR assistant dean for career development, at the Hill Center for Media Law and Policy @uncmedialaw Alumni Center nearby. We will schedule your Center on Poverty, Work and Opportunity @UNCPovertyCtr requested interview date, have students submit Information Technology @unclawinfotech their application materials for your review online, Office of Public Service Programs @UNCLawPubSrvs allow 100% prescreening, and set up interviews Student Services Office @UNCLawStdntSrvc with your selected students. UNC Director Diversity Initiative @UNCdirectordiv UNC Law CLE @UNCLawCLE Contact Kala Glenn-Pruitt UNC School of Law @unc_law [email protected] UNC Law Alumni Association @UNCLawAlumni 919.962.0280 Find us on Facebook! www.law.unc.edu/career/employers Facebook.com/UNCSchoolofLaw

TEE OFF TO SUPPORT SCHOLARSHIPS Save the UNC Law Alumni Association Date! Friday, Scholarship Golf Classic Sept. 5,

Meet our 2013 Law Alumni 2014 Association Golf The UNC Law Alumni Association Classic Scholarship recipients, all from Scholarship Golf Classic continues the class of 2014: to raise generous support for one of Carolina Law’s most pressing needs: student scholarships. Since 2011, the Classic has raised Joseph Polonsky $68,000 in support of scholarships at Carolina Law.

SPECIAL THANKS TO OUR 2013 GOLF CLASSIC SPONSORS: Edward Roche Presenting Sponsor: FORGE Consulting Hole Sponsors: Bonnie Weyher and Dan McLamb with Yates McLamb & Weyher, LLP; Craig Lynch with Parker Poe Ellis & Winters; Johnston Allison & Hord PA; Kirby & Holt, LLP; Lawyers Mutual Liability Insurance Company of North Carolina; Moore & Van Allen; Pace Reporting Service, Inc.; Robert Zaytoun and the Zaytoun Law Firm; The Quick Family Hospitality Cart Sponsors: Bell Davis & Pitt; Tryon Title Agency THANK YOU TO OUR GOLF CLASSIC SCHOLARSHIP COMMITTEE: Robert E. Zaytoun, Chair; Zaytoun Law Firm; W. Sidney Aldridge; Nicholls & Crampton; Richard T. Boyette; Cranfill Sumner & Hartzog; John C. Cloninger; Cloninger Barbour Searson & Jones; Ken Eagle; Morris Russell Eagle & Worley; David F. Kirby; Edwards & Kirby; Danny R. Glover; Teague & Glover; Elizabeth L. Quick; Womble Carlyle Sandridge & Rice; Brad Van Hoy; Moore & Van Allen; Hank Van Hoy; Martin & Van Hoy; Martin L. White; Johnston Allison & Hord; David Russell Richard N. Watson; Pulley Watson King & Lischer; and T. Carlton Younger. Non-profi t THE MAGAZINE OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL SCHOOL OF LAW Organization CAROLINA LAW U.S. Postage Van Hecke-Wettach Hall PAID PERMIT # 177 160 Ridge Road, CB # 3380 Chapel Hill, N.C. Chapel Hill, NC 27599-3380

www.law.unc.edu CAROLINA LAW twitter.com/unc_law

Alumni, update your contact info at www.law.unc.edu/alumni.

ON Save the JUNE 20 Alumni Reception at the dates! N.C. State Bar Meeting, Wilmington MAY 15 THE Alumni Night at the AUGUST 20 Durham Bulls Game New Student Orientation Alumni Community JUNE 13 Welcome Event, Alumni Luncheon at Chapel Hill NCADA Annual Meeting, Hilton Head, S.C. SEPTEMBER 5 MAP Alumni Association Golf JUNE 17 Classic, Chapel Hill Alumni Breakfast at making a difference NCAJ Annual Meeting, SEPTEMBER 6 Wilmington Bluegrass and BBQ, Chapel Hill across the nation founded in 1845 PAGE 18

VOLUME 38, ISSUE ONE SPRING-SUMMER 2014