NUMBER 55 WINTER 2007 THE BULLETIN 56th ANNUAL MEETING A RESOUNDING SUCCESS First to London 9/14-17 then Dublin 9/17-20, 2006 F rom in Dublin, the spirited Republic of musical greeting Ireland. It has of a uniformed band become a tradition of welcoming them to stately the College periodically to Kensington Palace, the former home return to London, to the roots of of Diana, Princess of Wales, to an impromptu a the legal profession in the common law world, and capella rendition of Danny Boy by a Nobel Laureate to visit another country in Europe afterwards. at the end of the last evening in Dublin Castle, the 56th Annual Meeting of the American College of Trial The Board of Regents, including the past presidents, Lawyers in London and the follow-up conference in meeting in advance of the Fellows’ London meeting, Dublin were memorable events. had represented the United States at an evensong service at Westminster Abbey, commemorating the More than 1,200 Fellows and their spouses attended fifth anniversary of 9/11. After the service, President the London meeting, the fifth the College has held Michael A. Cooper laid a wreath on the memorial in that city and the first since 1998. And 510 of to The Innocent Victims, located in the courtyard them continued to the College’s first ever meeting outside the West Door of the Abbey. The Regents LONDON-DUBLIN, con’t on page 37 This Issue: 88 PAGES Profile: SYLVIA WALBOLT p. 17 NOTABLE QUOTE FROM the LONDON-DUBLIN MEETING ““Let us pray. Oh God, our help in ages past, our hope in days to come, at the” beginning of this 56thth Annual Meeting of the American College of Trial Lawyers we bow our heads to acknowledge with humility and gratitude the blessings You have bestowed upon each of us. It is fitting indeed we believe that this meeting take place in the great nation that provided Magna Carta, the Petition of Right, the English Bill of Rights and other sources of the liberties that we who live in the United States and in Canada enjoy today. In addition to the good fellowship of this meeting, may we rededicate ourselves to the fulfilment and purposes of this College, the maintenance and improvement of the standards of trial practice, the administration of justice and the ethics of the profession. Amen.” Past President Frank C. Jones Macon, Georgia In This Issue London-Dublin Meeting ........................... 1 Tuttle: U.S.- Great Britain Relations ........ 43 From the Editorial Board ........................... 3 Statement on Judicial Independence ........ 45 Lord Justice’s Welcome .............................. 4 Fellows In Print ....................................... 45 Beck Initiates Email Reports ...................... 5 Student Winners ..................................... 46 Bingham: The Rule of Law ........................ 6 In Memoriam .......................................... 47 Roberts Made Honorary Fellow ................. 8 Regents Applaud Texas Jury Effort ........... 53 Humor of the New Chief Justice ............. 10 Past President Hocker Dies ...................... 54 Hume on Conflict Resolution ................. 12 Professor on James Joyce .......................... 56 Profile: Sylvia Walbolt ............................. 17 Gleeson: Law in Ireland ........................... 60 New Officers and Regents ....................... 24 New Meeting Planner .............................. 64 Awards, Honors and Elections ................. 25 Pannick on Nuremberg Tribunal .............. 65 Goldsmith: Attacking Terrorism .............. 26 Retiring Regents and Chairs Honored ..... 67 DeGuerin: The Unpopular Client............ 29 9/11 Memorial Evensong ......................... 68 Lord Scott Made Honorary Fellow .......... 30 Britain’s Response to Terrorism ................ 69 College Publications Update .................... 33 O’Neill: Informed Consent...................... 72 Foundation Issues Reminders .................. 33 New Website Manager ............................. 76 Court Adopts College Codes ................... 33 Murray: Globalization of Law .................. 77 Scott: Judiciary in War on Terror ............. 30 New Fellows Inducted ............................. 80 Fellows to the Bench ................................ 42 Inductee Response: Taylor ....................... 82 Letters to the Editorial Board ................... 42 Kentridge: Attacks on Judiciary ............... 85 A current calendar of College events is posted on the College website at www.actl.com, as are a current compendium of the ongoing projects of the College’s National Committees. 2 ! THE BULLETIN FROM THE American College of Trial Lawyers The Bulletin Editorial Board chancellor-founder Hon. Emil Gumpert (1895-1982) Periodically the College meets abroad, usually in London, followed by an extension of officers the meeting in another city. The 2006 annual David J. Beck, President Mikel L. Stout, President-Elect meeting took place in London. It was followed by Joan A. Lukey, Secretary a shorter meeting in Dublin, Republic of Ireland. John J. (Jack) Dalton, Treasurer Michael A. Cooper, Immediate Past President The papers given at these two meetings were board of regents exceptional. In an effort to make them available David J. Beck Robert A. Goodin Houston, Texas San Francisco, California in some form to all the Fellows who were un- able to attend these meetings, we have chosen to Paul D. Bekman Philip J. Kessler Baltimore, Maryland Detroit, Michigan treat each presentation in a separate article and to Raymond L. Brown Joan A. Lukey publish a few of them virtually verbatim. Pascagoula, Mississippi Boston, Massachusetts Michael A. Cooper Brian B. O’Neill Not surprisingly, more than a few speakers New York, New York Minneapolis, Minnesota alluded to the test to which the Rule of Law is J. Donald Cowan, Jr. John S. Siffert Greensboro, North Carolina New York, New York being put by the current outbreaks of terrorism John J. (Jack) Dalton Mikel L. Stout throughout the world. The speakers’ allusions to Atlanta, Georgia Wichita, Kansas this contemporary problem were timeless in their Michel Décary, Q.C. Robert W. Tarun application. Collectively, their remarks hold up a Montréal, Québec Chicago, Illinois mirror for us to see ourselves as those on the other Francis X. Dee Thomas H. Tongue Newark, New Jersey Portland, Oregon side of the Atlantic see us. Charles H. Dick, Jr. John H. Tucker San Diego, California Tulsa, Oklahoma From Lord Thomas Bingham’s eloquent parsing Bruce W. Felmly Chilton Davis Varner of the elements of the Rule of Law to the Manchester, New Hampshire Atlanta, Georgia presentations in Dublin, unraveling some of the confusing history of strife in Ireland, we hope that you will find these articles illuminating. The Bulletin committee E. Osborne Ayscue, Jr., Charlotte, North Carolina, Chair Susan S. Brewer, Morgantown, West Virginia In this issue we carry a note concerning President James J. Brosnahan, San Francisco, California Andrew M. Coats, Norman, Oklahoma David Beck’s initiation of periodic reports on the J. Robert Elster, Winston-Salem, North Carolina Timothy D. Kelly, Minneapolis, Minnesota College’s activities, to be sent by email to all those Hon. Garr M. King, Portland, Oregon Fellows who have supplied the College office with Warren B. Lightfoot, Birmingham, Alabama Conrad M. Shumadine, Norfolk, Virginia an email address. With the advent of these reports, Michael A. Williams, Denver, Colorado G. Gray Wilson, Winston-Salem, North Carolina the Bulletin, which has never been a satisfactory J. Donald Cowan, Jr., Greensboro, North Carolina, Regent Liaison vehicle for timely communications to the Marion A. Ellis, Editor Fellows, can cover in more depth national Telephone: 704.366.6599 Email: [email protected] meeting programs, profiles of Fellows and other less time-sensitive matters. American College of Trial Lawyers Dennis J. Maggi, CAE Executive Director 19900 MacArthur Boulevard, Suite 610 Irvine, California 92612 Telephone: 949.752.1801 Facsimile: 949.752.1674 Email: nationaloffi [email protected] WE CONTINUE TO WELCOME YOUR Website: www.actl.com COPYRIGHT © 2007 SUGGESTIONS AND CONTRIBUTIONS. THE BULLETIN !"3 LORD CHIEF JUSTICE WELCOMES FELLOWS TO LONDON The Right Honourable The Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales, an Honorary Fellow of the College, welcomed the group to London. A Lord of Appeal in Ordinary since 1999, Lord Nicholas Phillips became Master of the Rolls in 2000 and Chief Justice in 2005. He was made an Honorary Fellow at the 2002 annual meeting of the College in New York. In the British judicial system, the Master of the Rolls heads the civil appellate branch and the Chief Justice the criminal appellate branch. The Lords of Appeal in Ordinary are the Law Lords, who are the final authority in the appellate system. In welcoming the Fellows and their guests, Lord Phillips noted, “The special relationship between this country and the United States is one that is felt particularly keenly by lawyers. We share a common legal heritage and share a common devotion to the rule of law.” After observing with humor that the colonies had not always been treated so well by their mother country, he continued: “[W]e lawyers were not merely responsible for sending you convicts. We were the source of many who founded the American colonies and who are responsible for your assertion of independence.” Tracing the influence of the Inns of Court, he noted: “In the 18th century, and indeed long before, anyone who wished to practice at the English Bar