UT LAW Summer 2002

SUMMER 2002 THE MAGAZINE OF THE UNIVERSITY OF TEXAS SCHOOL OF ULAW TLAW Rights and Reason Why UT’s Constitutional Law Faculty is One of the Best in the Nation

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Three members of the faculty are Fellows of the American Academy of Arts & Sciences. From left, Sandy Levinson, inducted in 2001, and Doug Laycock, a fellow since 1997. UT Chancellor Mark Yudof is the third. FRONT OF THE BOOK FEATURES BACK OF THE BOOK 2 V OIR DIRE TOWNES HALL NOTES 45 RIGHTS AND 4 IN CAMERA REASON NOTEWORTHY 46 Alumni honored, new faculty, 8 DEAN POWERS new books, and a legend retires Building to strength by Bill Powers 32 Why Texas has one of the CLASS NOTES 52 9 CALENDAR best constitutional law Mt. Everest, a 100-year-old faculties in the Nation cowgirl, and class news 10 AROUND THE by John Ratliff LAW SCHOOL IN MEMORIAM 61 Conferences, honors, and three national titles CELEBRATIONS CLOSING ARGUMENT 64 14 FACULTY FOCUS Supreme Court TV? Lawyers are better than you think 40 by Harry P. Susman, ’96 by Lynn Baker and Charles Silver Reunion, Sunflower Ceremony by Michael W. “Mike” Perrin, ’71 16 ALUMNI FOCUS and Del Williams, ’85 A path to the White House by Kristen Silverberg, ’96

Cover photograph courtesy of Getty Images UTLAW 20 FOR THE RECORD Photograph this page by Wyatt McSpadden VOLUME 1 • ISSUE 2 DIRE OIR

V UTLAW UT SCHOOL OF LAW

Dean LETTERS BILL POWERS, JR. Asst. Dean for Development and Alumni Relations NANCY BRAZZIL BRAVO IT’S TIME Director of the Alumni Association AM A BUSY SOLO PRACTITIONER, WAS THRILLED TO SEE THE LAW TOM HENNINGER, '92 Ibut I just had to take the time to ISchool’s commitment to public Director of External Relations send my compliments on the new interest law. It is time to stand be- FRAN CHAPMAN hind that commitment with a loan for- Executive Director of the UT Law School Foundation JUAN ZABALA giveness program for graduates UT Law School Alumni Association President who work in the public interest field EDUARDO RODRIGUEZ, ’68

and to require public interest work, UT Law School Alumni Association President-elect just like torts or criminal law, prior to MIKE PERRIN, ’71 graduation from UT Law School. D’Ann Johnson, ’87 MAGAZINE Austin, Texas Communications Director ALLEGRA J. YOUNG SOCIAL JUSTICE? Communications Strategy Manager LAURA CASTRO TROGNITZ, '97 UST A NOTE TO LET YOU KNOW HOW Class Notes and In Memoriam Editor Jvery much I enjoyed your initial IRMA SANTANA publication cover story, “Fighting Faculty Publications the Good Fight: How Members of MICHAEL WIDENER the UT Law Faculty Work to Pro- Editorial Assistance SARAH GAINER, B.A. '01 mote the Common Good.” AMANDA ARRIAGA, J.D. '04

format and direction of UT Law. Ku- Actually, I heretofore presumed that Project Manager dos go to the editorial staff and oth- UT Law faculty professors, simply by SHANNON STAHL, ers who made the decision to update toiling in their academic vineyard, TEXAS MONTHLY CUSTOM PUBLISHING this publication. teaching law students, publishing lear- Copy Editor J AN MCINROY Mary Sahs, ’85 ned law treatises, and otherwise being Design Austin, Texas cheerful and productive members of KATE ILTIS, the Austin community, were by defini- KATE ILTIS DESIGN THE PUBLIC’S INTEREST tion promoting the “Common Good.” Redesign NANCY McMILLEN, UT OF THE MUNDANE STUFF OF How naïve of me not to have NANCY McMILLEN DESIGN the alumni news I stumbled understood it is incumbent upon UT O Printing across Sarah Cleveland’s profile [see Law faculty members to also possess a TEXAS MONTHLY Spring 2002 “Fighting the Good passionate and adversarial interest in CUSTOM PUBLISHING

Fight”]. Good work. “social justice” as those words may WE WELCOME I have always felt close to the from time to time be defined by vari- Y OUR LETTERS AT:

school that taught me law. UT Law ous persons with diverse agenda. UT Law Letters School prepared me for public inter- That a Court of Appeals saw fit to UT Law Alumni Magazine 727 East Dean Keeton St. est law, trying to verdict several class reverse the trial court’s opinion in Austin, Texas 78705 actions, and teaching there before Professor Sarah Cleveland’s first class E-mail: [email protected] going into public service and the action case on behalf of her clients TO ADVERTISE business of law. Nothing, absolutely surely does not indicate the Appellate SARA McCABE ACCOUNT EXECUTIVE nothing, better demonstrates the Court lacks an appropriate interest Office phone: (512) 320-6920 quality of law as a profession than in “social-justice,” but rather evinces an Fax: (512) 476-9007 Email: [email protected] does advocacy not pursued prin- admirable belief in the rule of law TO CHANGE YOUR cipally for the economic gain of a and justice under the American judi- CONTACT INFORMATION: counsel. Teachers of law, like par- cial system for the “Cuban-American Telephone: (512) 232-1118 ents and other role models, influ- sugar moguls” as well as those less Email: [email protected] Online: http://www.utexas.edu/law/ ence most by example. Thanks. fortunate. Would you not agree? depts/alumni/form.html Bill White, ’79 Isaac David White, ’61 UT Law Magazine is published three times a year by The Houston, Texas Austin, Texas University of Texas Law School Foundation, a nonprofit corporation, 727 East Dean Keeton St., Austin, Texas 78705

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Spring 2002 UTLAW 3 T OUR OF DUTY

Bill Stapleton, ’94, is a founder of and general partner in Capital Sports & Entertainment. He represents entertainers and athletes, including three-time Tour de France winner Lance Armstrong. Alumni leaders established the Non-Practicing Alumni Advisory Council (NPAAC) to support non-practitioners. The first NPAAC conference will be held on October 25. See the calendar for details.

PHOTOGRAPH BY W YATT M C S P ADDEN

4 UTLAW Summer2002 IN CAMERA THE MUSE

The Law School’s critically acclaimed “Law and Other Performing Arts” colloquium provided sell-out concerts and standing-room-only panel discussions of important topics in interpreting written texts. Critic Michael Barnes called the symposium “among the most thorough, informative, and thought- provoking in memory.”

UT AUSTIN’ S THREE M USES BY C HARLES U MLAUF PHOTOGRAPH BY W YATT M C S P ADDEN

6 UTLAW Summer2002 IN CAMERA POWERS DEAN Building to Strength

How new faculty and new plans strengthen our Law School

N THIS EDITION OF UT LAW, WE FOCUS ON STRENGTH. providing more experiential learning, by expanding I firmly believe that our constitutional law faculty our transactional offerings, and by providing more is the strongest and deepest in the country. We interdisciplinary teaching and scholarship. And we are lead the United States in free speech, religious lib- looking for ways to better serve our wonderful alumni, erty, federalism, and modes of constitutional inter- including the increasingly large group that does not pretation. Doug Laycock’s work in the Supreme practice law. I will report more about the findings of Court and Congress has advanced freedom of our Long Range Planning Committee this fall. religious expression. Lynn Baker and Ernie Young We couldn’t do any of this without you. We couldn’t have facilitated a resurgence of the role of states in even do what we are doing now, much less aspire to constitutional law. Philip Bobbitt has helped redefine move ahead. For example, a very generous gift from Ithe way scholars think about modes of constitutional Loeffler, Jonas & Tuggey was critical in luring Larry interpretation. And I could go on. Sager away from NYU. You pay for about a third of the Notably, our faculty address these issues with diverse cost of every student’s legal education. With support at opinions, approaches, and political views. This distin- every level, you are critical to our success. Thank you! guishes our constitutional law faculty from those of We look forward to the new semester with enthusiasm. other leading schools, which are often characterized by We had a record number of applications for this fall’s monolithic and one-sided approaches. Indeed, diversity entering class, up 22 percent from last year. I am confident of opinion is a hallmark of our faculty in general. that, with your help, we can provide our students with the With an already strong faculty, we could have rested best legal education in the country. on our laurels. But we didn’t. Instead, we lured Larry And I look forward to seeing you at upcoming alumni Sager away from New York University. Larry is one of events at the Law School, around the state, and around the country’s leading constitutional scholars and one the country. of the architects of NYU’s rise to prominence in the In the meantime, have a wonderful summer. 1990s. His wife, Jane Cohen, who is a nationally prominent specialist in family law, feminist theory, and Sincerely, bioethics, will join us from Boston University. Karen Engle, an expert in international human rights, comes to us from the University of Utah. And Jane Stapleton, an internationally recognized scholar in products Bill Powers liability who was formerly at Oxford, has accepted a Dean half-time appointment with us to complement her half- time commitment to Australian National University. In short, we had a great recruiting year, positioning us to move ahead vigorously in the fall. During the past year, we have been reviewing our foundations and planning for our future. Faculty, alumni, and students have engaged in a detailed long- range planning process. We have identified areas we already do well: teaching, high-level scholarly work, and attention to the needs of professional lawyers. And we've targeted some ways in which we can improve— by providing more individual attention to students, by

8 UTLAW Summer 2002 SCHOOL OF LAW CALENDAR F ALL 2002

Services Office at (512) 232-1150 TOURNAMENT OF for further information. CHAMPIONS OCTOBER 17 OCT.30-NOV. 2 Texas Law Fellowships The Board of Advocates invites alumni, faculty, staff, will host the Tournament students, and the general of Champions, the nat- public to the annual Fall ion’s premier trial advo- Auction to raise money cacy competition for to fund fellowships for law students, sponsored Law School students who by the National Institute work in public interest for Trial Advocacy. internships during the Alumni who are interested summer. Bid on items in in judging the tourna- the live and silent auc- ment or who would like tions and support TLF’s first additional information should major fundraiser of the year. contact BOA at (512) 232-3680. For date, time, location, and ticket information, or to donate an item, SEPTEMBER 5-6 contact TLF at [email protected]. The Texas International Law Journal hosts the symposium Judicialization and Judicial OCTOBER 25 Globalization. Justices from around the world The Non-Practicing Alumni Advisory Council will attend. The symposium is open to the public, (NPAAC) will meet on Friday, October 25, at the and attorneys who attend can receive CLE cred- Law School. The day will consist of presentations it. For more information, call (512) 232-1277 or by the council and the UT Law administration and e-mail [email protected]. faculty. Various social activities are also planned, and events will conclude with a dinner hosted by SEPTEMBER 20-21 Dean Bill Powers. For more information or to find The Texas Law Review invites all alumni to attend its out how you can become involved with NPAAC, con- fall symposium, Precommitment Strategies in Law tact the Law Alumni Association at (512) 232-1118. and Bioethics, which will explore how precommitment theory functions within legal, bioethical, and OCTOBER 26 constitutional settings. For further information, con- UT Law Parents’ Day events will be held from 8 a.m. tact Hilary Preston or Wes Hendrix, (512)232-1280, or to 2 p.m. Contact the Office of Student Affairs at e-mail [email protected]. (512) 232-1313 for more information.

OCTOBER 10 F ALL CLE The Mentor Reception will be held on The Law School’s Office of Continuing Legal Thursday, October 10, from 5:30 p.m. to 7:30 Education plans to host numerous con- p.m. at the Shoreline Grill in Austin. Law ferences this fall. For a complete students and alumni are invited to attend schedule of events, visit the CLE Web this social event designed to provide site at www.utexas.edu/law/cle or arelaxed and informal call the CLE office at setting in which .(512) 475-6700. students can meet UT Law alumni. Compiled by Contact the Career Sarah Gainer, B.A.’01 UT Law hosts the nation’s premier trial advocacy competition October 30 - November 2.

Summer 2002 UTLAW 9 “ SUMMER 2002 10 By Sanford Levinson AROUNDTHE & Sullivan; Nagel,Scot Powe, Atright:JackBalkin,Robert andFred Schauer discuss legal responses toproblem texts. Offensive Texts: Lief Carterledadiscussion aboutproblem texts inpopularworks byColePorter, Stravinsky, andGilbert F A MatterofInterpretation who reviewmusic, phers; andjournalists musicians; choreogra- gists, composers,and ater directors;musicolo- wrights, actors,andthe- play- branch officials; judges, andexecutive talks bylawprofessors, andformal formances, included panels,per- Thus thesymposium institutional structures. incomplex be performed to theirtexts.Theymust stood solelybyreference they cannotbeunder- text-based practices,but UT LAW A P P ROM drama areall law, music,and the ideathat sium explored 9. Thissympo- through March 28 February L Summer2002 ERFORMING ERFORMANCE AW RTS AND ” T X TO EXT took place O THER : career directedLaurence who hadearlierinhis wrights). JonathanMiller, prerogatives ofplay- address defendingthe luncheon ered astirring dance (andwhodeliv- W wright Arnold British play- a playbythe from similar scene a performed V Merchant of Shakespeare's scene from courtroom tions) ofthe interpreta- sions (and ver- different viewed four participants Supreme Court. United States the workof drama, and enice. esker, whowasinatten- Symposium Shylock Actors , Above right, CharlesSigel,presented asympathetic portrayal ofShylock. F audience tobetterunderstand howonetext couldbeinterpreted differently. our presentations ofShakespeare’s ous approaches toper- (who debatedtheirvari- and MalcolmBilson scene. RussellSherman directed theShylock The Merchant ofVenice, breaking production of gr a Olivier in ound- PHOTOGRAPHS BY MARKS. RUTKOWSKI The Merchant of Venice of Merchant The Ta cologist Richard Berkeleymusi- concerts. gave tworemarkable Beethoven) forming panel discussionfol- sive” musicaltexts.A extended tapeof“offen- r uskin playedan allowed the LAW SCHOOL

“A stimulating blend of scholarly thought, intellectual inquiry, thoughtful perfomance,” wrote the Austin Chronicle. From left: Stanford’s Lawrence Lessig, UT Law’s Tony Reese, director Sir Jonathan Miller, and playwright Arnold Wesker at the Law School.

lowed to explore why Hammerstein Trust, listen- The symposium was active support throughout they were considered ing first to Stanford Law thoroughly interdiscipli- of Deans William Powers offensive and what the professor Lawrence Lessig nary, not only with regard and Robert Freeman. range of possible respons- and then to Jonathan to the roster of partici- es was. One of the most Miller denounce the use pants but also in its basic UT Law professor Sanford memorable images from of copyright law to stifle organization. It was co- Levinson was a lead the conference was that of new creations based on sponsored by the School organizer of the conference. Ted Chapin, the head of past work that should be of Law and College of Suzanne Hassler was its the Rodgers and in the public domain. Fine Arts, and had the lead administrator.

From left: Judges Abner Mikva and Lee Rosenthal; Right: Sir Jonathan Miller and student performers in the Eidman Courtroom.

Summer 2002 UTLAW 11 AROUND WYATT MCSPADDEN THE LAW

SUMMER 2002 SCHOOL ACADEMIC HONORS

Established in 1912, Professors Charles Silver (left) and Lynn Baker launched UT Law’s new Center on Lawyers, Civil Justice, Chancellors is the most and the Media with a major conference on legal services. The Texas Law Review co-hosted the event. prestigious honorary society of the School of Law. The society honors students who, through out- Impact of Lawyers Conference standing and consistent scholarship and achieve- ROMINENT LEGAL SCHOLARS TOOK Brennan to use enterprise liability and ment, have shown them- P part in a February conference insurance to improve health care quali- selves most likely to suc- entitled “What We Know and Don’t ty; and a discussion by Professors ceed and to become a Know About the Impact of Legal Deborah Hensler of Stanford credit to their profession Services on the American Economy University and Sam Issacharoff of and their alma mater. and Polity.” The two-day conference Columbia University of empirical data 2001 revealed a developing consensus, based on the likely future course of asbestos CHANCELLORS on empirical research and economic litigation in the United States. An addi- GRAND CHANCELLOR theory, that sound legal institutions tional high point was a report by GEOFFREY ALAN Gannaway contribute to economic development American Bar Foundation researcher VICE-CHANCELLOR Judson Clayton Gibson and help preserve individual freedom. Stephen Daniels on the financial con- Law professors Stephen Choi from dition of trial lawyers in Texas. CLERK Marc Samuel Tabolsky UC-Berkeley and John C. Coffee, Jr., Major sponsors of the conference inclu- KEEPER OF THE PEREGRINUS from Columbia University opened the ded the Texas Center for Legal Ethics and Kevin Mark Sager conference by discussing empirical Professionalism in Austin; the Texas Bar CHANCELLORS-AT-LARGE studies of the impact of investor pro- Foundation in Austin; the Roscoe Pound David Carter Cole tections on the health of securities Institute in Washington, D.C.; Fred Misko, Samuel William Cruse III markets. Other highlights included Jr., P.C., of Dallas; Bendinger, Crockett, David Austin Curran Matt K. Handley Professors Frank Cross of UT Law and Peterson & Casey in Salt Lake City, Utah; and Christopher S. Johns Robert Cooter of Berkeley showing the Texas Medical Liability Trust in Austin. Sean Richard Keveney that countries with better legal systems Christopher Clayton Lund have stronger economies; a proposal by Information about the conference can be found Jessica C. Mederson Harvard School of Public Health pro- at the center’s web site on utexas.edu/law and Mary Rene Miko Tanya Dianne Patterson fessors Michelle Mello and Troyen in the June Texas Law Review. David Eric Pitcher Cassandra B. Robertson Alissa Brett Rubin Aaron Michael Streett FOR AN ALL-TIME HIGH The Admissions Office received a record 5,444 applications for admission this year. Since 1999, applications to UT Law have increased 65.77%.

12 UTLAW Summer2002 Speakers Review Three National Titles

N APRIL 11, FOR- •Charles Cervantes, direc- UT law students continued a winning tradition this spring, MER Peruvian tor for Legal Affairs and claiming three national titles and many additional honors. O president Valentín Privacy for the U.S.- Mexico Such participation would not have been possible with- Paniagua addressed a Chamber of Commerce out support from alumni and from law firms. More than capacity crowd about U.S. 200 attorneys and judges spent time this year judging trade policy and Latin •Roberto de Michele, competition rounds involving more than 250 law students, America. Last spring’s Anticorruption Office of and law firms funded several teams’ travel. speakers included: the government of Argentina FREDERICK DOUGLASS MOOT •Judge Abner Mikva, •Margaret Sarles, head of COURT COMPETITION the former chief judge of Democracy and Human NAT’L CHAMPIONS, BEST BRIEF the D.C. Circuit, former Rights for the U.S. Agency for Nakia Hillary and Brian Carter White House counsel, International Development COACH and a former United Kameron Johnson, ’92 States congressman •Carl Vogt, former chair ASSISTANT COACH of the National Felecia Shankle, ’01 •Judge Royce Lamberth, Transportation Committee GILES SUTHERLAND RICH '67, U.S. district judge for MEMORIAL MOOT COURT the District of Columbia •Author David Horowitz COMPETITION and presiding judge of and lawyer Johnny Cochran NATIONAL CHAMPIONS the Foreign Intelligence debated slavery reparations Cyrus Bharucha and Owais Siddiqui Surveillance Court in in separate addresses REGIONAL CHAMPIONS Washington, D.C. Sharmila Chatterjee and •S. James Anaya, lead lawyer Christopher Ryan •Mediation and dispute res- for the Awas Tingni land COACHES olution guru Roger Fisher rights case in Nicaragua Amber Hatfield and Jim Calkins of Harvard Law School. JUDGE JOHN R. BROWN Conference videos can be found ADMIRALTY MOOT COURT •Dr. Alfonso De Maria y at utexas.edu/law. COMPETITION Campos,director of the NATIONAL CHAMPIONS Office of North American Reporting by Sarah Gainer, John Barcus and Affairs, Secretary of Foreign B.A.’01, Laura Castro Trognitz, Rebecca Jackson Relations of Mexico ’97, and Allegra Young. COACHES Bruce Bennett and Chris Sapstead, ’01 JUDGE CONRAD B. DUBERSTEIN NATIONAL BANKRUPTCY MOOT MARK S. RUTKOWSKI COURT COMPETITION NATIONAL SEMI-FINALISTS Chris Lopez and Alex Gonzalez COACH Jeff Bohm, ’84 ASSISTANT COACH Sabrina Streusand, ’83 WILLEM C. VIS INTERNATIONAL COMMERCIAL ARBITRATION MOOT (IN VIENNA, AUSTRIA) PLACED IN TOP 25 PERCENT OF 108 TEAMS FROM 60 COUNTRIES Erin Ruble and Lance Clack Lance Clack - Martin Domke Former Peruvian president Valentín Paniagua was one of many Award (Best Oral Advocate in the speakers to address Law School audiences this past semester. General Rounds)

Summer 2002 UTLAW 13 F OCUS CULTY LAWYERS ARE BETTER THAN YOU THINK FA Lynn Baker A new center battles the myths about Charles& Silver lawyers and civil justice.

HE AMERICAN PUBLIC HOLDS substantial resources to identifying a jaundiced view of the and controlling conflicts of interest. legal profession. In Their reasons for doing so T a 2001 American included “ethical scruples, rep- Bar Association (ABA) sur- utational concerns, and the vey, respondents ranked risk that conflicts could lead lawyers just ahead of the to malpractice charges or bottom-dwelling news disciplinary proceedings.” media when asked about Now consider the com- their confidence in vari- plaint that the overabun- ous professions. In 2002, dance of lawyers in the Columbia Law School U.S. impedes economic released a nationwide poll growth. For most of the showing that only 31 per- 20th century, the United cent of the public views States likely had too few lawyers as “especially lawyers, not too many. honest” or “somewhat Barriers to entry kept honest.” More respon- many people, especially dents—39 percent— women and minorities, rated lawyers “especially out of the legal profes- dishonest” or “some- sion, and advertising pro- what dishonest.” hibitions and other anti- In fact, lawyers prize competitive constraints their integrity and take made legal services artifi- greater pains than other cially scarce and expen- professionals to preserve sive. Since the relaxation it. A recent study of these constraints, the of six professions—law, population of lawyers has medicine, psychotherapy, grown in response to accounting, journalism, and the acad- ed,” according to the study's author, real consumer demand. Lawyers can emy—found that law far outpaces the sociologist Susan P. Shapiro of the serve the public better now than other five in “devoting resources to American Bar Association. ever before. ferreting out and evaluating conflicts Shapiro also found that the largest The number of lawyers in the of interest” and in“being aware of firms turned away “anywhere from a United States simply reflects the size potential conflicts on a day-to-day third to more than half of all cases” of the U.S. economy. This country has basis.” While other fiduciaries “are for conflict-related reasons, while the approximately 30 percent of the strangling on their tangled loyalties, same concerns led “somewhat smaller world's lawyers and accounts for approx- law firms may turn out to be the last firms to decline hundreds of thou- imately 30 percent of the world's fiduciary bastion where confidences sands to a few million dollars in fees gross domestic product. The rela- are honored and uncompromising each year.” In addition to foregoing tionship is more than statistical. loyalty to the client fiercely defend- revenue, law firms of all sizes devoted Comparative studies consistently

14 UTLAW Summer 2002 ILLUSTRATION BY MARC BURCKHARDT report positive correlations between few news stories about legal issues lawyer populations and economic contain data, anecdotes dominate development. Either growing econ- PROFESSORS’ public discussions by default. Myths omies generate needs for legal services, thrive in this environment. or legal services spur economic The center's first major event was growth, or causation runs in both a conference in February 2002 on directions simultaneously. What is clear the topic of “What We Know and is that capitalist economies and lawyer CHOICE Don't Know About the Impact of Le- populations grow together. FRANK B. CROSS, The First Thing gal Services on the American Eco- Over and over again, empirical stud- We Do, Let's Kill All the Economists: nomy and Polity.” More than 20 ies find that to maintain a favorable An Empirical Evaluation of the Ef- nationally known scholars from business climate, a government must fect of Lawyers on the United States across the country gathered to protect private property and individual Economy and Political System, 70 present and discuss their work, freedoms, enforce contracts, combat Texas Law Review 645 (1992) much of it empirically based, on top- crime and corruption, and give citizens MARC GALANTER, The Faces of ics ranging from attorneys' fees to the easy access to the courts. In the securi- Mistrust: The Image of Lawyers in impact of civil liability on the quality ties area, countries with better law Public Opinion, Jokes, and Political of health care. Many members of the enforcement regimes and stronger Discourse, 66 Univ. of Cincinnati Law media and more than 70 attorneys legal rights for minority investors have Review 805 (1998) from across the state attended the deeper capital markets, more IPOs per MICHAEL J. SAKS, Do We Really various conference sessions. The con- capita, better banks, enhanced abili- Know Anything About the Behavior of ference proceedings, published in ty to withstand economic downturns, the Tort Litigation System —And Why the June 2002 issue of the Texas Law more accurate securities prices, more Not?, 140 Univ. of Pennsylvania Law Review, represent an important first liquidity, and reduced equity costs. Not Review 1147 (1992) step in the center's efforts to educate withstanding public perception to the SUSAN S. SHAPIRO, Tangled Loyalties: not only the media and the public contrary, a robust legal profession Conflict of Interest in Legal Prac- but also the bench, the bar, legisla- appears to be critical to both national tice (forthcoming 2002; Univ. of tures, and academics. economic growth and political stability. Michigan Press) Empirical studies have great Many forces contribute to the per- potential to make debates about sistence of false and unfavorable jury awards receive far more media lawyers and civil justice better claims about lawyers and the civil coverage than small awards and take- informed and therefore less heated. justice system and, ultimately, to the nothing verdicts, even though the All lawyers should welcome the enactment of undesirable or dubious latter are far more common. Similarly, center's efforts to gather and changes in the law or in ethics rules. trial lawyers, who collectively consti- disseminate the facts. Of course, Some are political or economic in tute only a small fraction of the when one tackles subjects as contro- nature. Certain interest groups gain legal profession, garner much more versial as discovery abuse, frivolous by bashing lawyers, by exaggerating media attention—both good and litigation, or class-action settlements, litigation risks or costs, and by mak- bad—than do the far larger number one is likely to find lawyers on both ing it easier or harder for persons of lawyers engaged in less visible, sides of the debate. On any given with injuries to receive compensation. transactional work. issue at any given time, the center's Other forces, such as the media, If more people knew the facts, the emphasis on facts may help one may have no inherent ideological or public might have greater respect for side while rankling the other. economic valence, but operate under lawyers of all sorts and the important Although the center cannot venture constraints that prevent them from work that they do every day. This into the public debate about lawyers learning the truth. Deadlines, un- hope led us to create the Center on and civil justice without seeming at familiarity with legal and factual Lawyers, Civil Justice, and the Media times to take sides, the hope is issues, and the cost of acquiring at the University of Texas School of that its commitment to academic information make it difficult for Law in August 2001. A major goal of standards of rigor, honesty, and reporters consistently to distinguish the center is to get the facts about objectivity will instill long-term confi- true claims about lawyers and the lawyers and the civil justice system dence and enduring respect on both civil justicesystem from false or before the public and keep them sides of the aisle. unsubstantiated ones. there. Until now, no institute has In addition, exceptional—“news- assumed the task of organizing, di– UT Law Professors Lynn Baker and worthy”—events typically get more gesting, and disseminating reliable Charles Silver are co-directors of the media coverage than the ordinary empirical information about lawyers Center on Lawyers, Civil Justice, and and commonplace, thereby further and civil justice for reporters to use the Media. Sylvia Sexton is the skewing public perceptions. Large when covering legal issues. When center’s Administrator.

Summer 2002 UTLAW 15 F OCUS

ALUMNI A PATH TO THE WHITE HOUSE Kristen Why working for the government provides a rare opportunity to help influence Silverberg the world in which we live.

NLAW SCHOOL, I IMAGINED THAT I would spend the bulk of my career in private practice. I envi- I sioned participating in heady oral arguments or, on occasion, vindicat- ing my client’s position at trial. Al- though my time in private practice was invaluable, and although I have many friends from law school who are still flourishing at firms, I think that more young lawyers would do well to consider government employment. I cannot speak to the countless opportunities available to lawyers in state and local government, but my experience as a member of the Bush administration policy staff has been priceless. With- out attempting to provide an exhaus- tive guide to seeking government employment, I will briefly describe a few “hows” and “whys” of jobs with the federal government, based on my limited personal experience.

Why Government? Even on the worst days, working in government can provide an invaluable perspective on this unique time in our nation’s history. I will never forget returning to the West Wing on the night of September 11, after the terrible confusion of that day, to see the members of senior staff quietly preparing for the extraordinary task ahead. And there was no more com- Kristen Silverberg, right, accompanies President Bush and health care expert Anne pelling moment to me than watching Phelps to the White House. Silverberg, ’96, serves as a special assistant to the president. the president leave for New York after the National Prayer Service. Some or of the president’s September 20 through it, I’m not sure that anything members of the White House staff speech to the nation. No one hopes to but government service could have describe poignant memories of the work for an administration during a affected and inspired me in quite the meeting with the families of Flight 93 time of national crisis, but having lived same way.

16 UTLAW Summer 2002 PHOTO COURTESY OF WHITE HOUSE PHOTOGRAPHY Most of my colleagues, not sur- the best way to baste a turkey. In one prisingly, sought jobs with the admin- episode, President Bartlet filled out istration because they hoped to play a NEXT STEPS an aide’s tax forms. But in the real role in positively shaping public Best book about White House White House, there is no more valu- policy. My job in the chief of staff’s operations: The White House Staff: able commodity than the president’s office, for example, allows me to Inside the West Wing and Beyond, by time, and staff are expected to use it participate in discussions of admin- Bradley H. Patterson, Jr. (Brookings wisely. Chief of Staff Andrew Card istration policy on a host of issues, Institution Press, 2000) will screen requests to see the presi- including financial regulation, health Best book about a presidential dent by asking, “Do you want to see care, budget, and welfare. Our office campaign: What It Takes, by Richard the president or do you need to see helps to ensure that decisions are Ben Kramer (Random House, 1992; the president?” As a junior staffer, I well developed before they reach the Crown Publishing Group, 1998) rarely need to see the president (or, president for final decision, so a Best Web site on the White more precisely, he rarely needs to colleague and I act as roving “trouble House: www. whitehouse.gov see me), so I have yet to overcome shooters” on behalf of the deputy Best book about the White my tendency to become tongue-tied chief of staff, participating in discus- House by a former White House and awkward during meetings. I sions of pressing issues and helping staffer: The Haldeman Diaries: have, however, watched many of my to crystallize them for decision by the Inside the Nixon White House by H.R. colleagues with more administra- president. For everyone involved in Haldeman (Putnam, 1994) tion experience comfortably pro- policy development, the job is end- Best book by a current White vide the president with strong views lessly challenging and rewarding House staffer: The Apprentice, by on an issue. And I know that some- because the decisions facing the Lewis Libby (Graywolf Press, 1996) timelater in life, I will confidently policymakers inevitably involve diffi- face down a corporate executive or cult value judgments, the resolution jobs at federal agencies can routinely court of appeals judge, knowing that I of which will have far-reaching effects leave work by 7:00 p.m., long before cut my teeth in a much more intimi- on the lives of real people. any of the law firm associates in town dating environment. Many White House staffers help- get paroled. Jobs on Capitol Hill, ing to shape administration policy on which can be hectic when Congress is in How to Get an Interesting these issues are playing critical roles session, come with lengthy vacations Job in the Government early in their careers. For example, over the August recess. One common path to a job in the Mark McClellan, 38, (grandson of for- One word of caution—those who White House is participation in a mer UT Law dean W. Page Keeton), value comfortable work schedules presidential campaign. In this White serves on the Council of Economic should not consider White House House, most of the senior staffers Advisors and manages Medicare poli- employment. This White House, were active supporters of the presi- cy for the administration. Among despite its family-friendly reputation, dent and vice president during the other things, he leads an interagency starts early in the morning and stays 2000 campaign; many were loyal sup- group responsible for developing pro- active quite late at night. It is still porters long before 2000. posals to provide prescription drugs to dark when the White House staff, led Failing good foresight, stay flexible. senior citizens and negotiates health by the National Security team, begin White House press secretary Ari legislation on the Hill. UT Law grad arriving on the “18 acres” (Secret Fleischer worked on Elizabeth Dole’s Rebecca Beynon, 33, handled a broad Service jargon for the White House campaign before she withdrew. His range of regulatory issues as a lawyer complex.) Chief of Staff Andrew Card work for the opposition so impressed in the Office of Management and is at his desk by 6:15 a.m. (I arrive, Karen Hughes that he was quickly picked Budget and now develops administra- caffeine in hand, much later.) When up by the Bush campaign and is now one tive policies to implement the presi- my day ends, typically at 9:30 or 10:00 of the president’s trusted advisors. dent’s Faith-based and Community p.m., my boss, Deputy Chief of Staff I was hired to work in the White Initiative. For someone committed to Joshua Bolten, is often still hard at work. House after I had moved back to public policy, there are few opportu- In addition, working in proximi- Austin to volunteer for the policy staff nities to participate so actively in ty to people who are making history of the Bush campaign. My experi- helping to guide our national choices. can be exciting and valuable train- ence in Austin impressed upon me There are, of course, less lofty rea- ing. The most interesting days at the the importance, for campaign staff, sons to pursue a government job. For White House for any young staffer of demonstrating a willingness to put one, in many cases, government jobs are the days when we meet with the in long hours on occasionally unglam- allow far more civilized and pre- president. On the television show orous jobs. Immediately after the dictable work schedules than equiva- The West Wing, President Bartlet en- election, a campaign colleague and I lent positions in the private sector. gages in long, casual conversations volunteered to get on a plane from Many of my friends with senior-level with his staff about, for example, Austin to Florida, as did many of our

Summer 2002 UTLAW 17 contemporaries in the White House. That painful month spent watching the ballot count helped us to earn the trust of the campaign staff and devel- 100% op long-lasting relationship with our future colleagues in the administration. Other experiences, in addition to working with a campaign, may lend Giving Club themselves to future employment with the federal government. My time at Williams & Connolly undoubtedly made me a more qualified candidate for a position with the policy staff, which FY 2002 100% Giving Club members Firm support makes as of June 1, 2002: requires that I navigate a broad range of a big difference in the lives legal issues, as did my job at the firm. of our students. Make your And dozens of the younger lawyers in Andersen firm a member of the 100% the White House and the Justice Washington, D.C. Giving Club by encourag- Department are alumni of judicial clerk- ships, which frequently serve as farm ing all UT Law alumni to Andrews & Kurth teams for like-minded administrations. donate to the Law School’s Mayor Day Caldwell & Keeton Annual Fund. The 100% Austin Forget the Money Giving Club deadline is During my clerkship, my co-clerks and I would pass long hours discussing Arter & Hadden August 31, 2002. how we would spend grotesquely Washington, D.C. high signing bonuses from D.C. law firms. So it was with some compunc- Miller & Chevalier tion that I accepted an annual salary at Washington, D.C. the White House that was less than my anticipated law firm bonus. I haven’t Mounce, Green, Myers, Safi & Galatzan regretted the decision for a minute, El Paso and I urge anyone presented with an exciting opportunity in government Munsch Hardt Kopf & Harr P.C. to think twice before turning down Austin that experience for a more comfortable salary. Ogden, Gibson, White & Broocks Many government jobs are once- in-a-lifetime opportunities. Getting Houston hired depends, in large part, on being in the right place at the right time. Sheinfeld, Maley & Kay P.C. Many Republican lawyers spent the Houston Clinton years desperately looking forward to the time when they could take Soules & Wallace drastic pay cuts to enter public service. San Antonio As one law school classmate told me, short-term financial comfort is Susman Godfrey LLP important, but it is equally important Seattle to “build equity” in yourself. There is no substitute, in my experience, for a Ogden, Gibson, White & Broocks job you love. Houston Kristen Silverberg, ’96, is a special assistant to the president in the White House Office of the Donate online at https://www.utexas.edu/law/dept/alumni/giving/ccform.html Chief of Staff. Before joining the Bush admin- Thank you for your generous gifts to the Law School. We could not do as istration, she clerked for Judge David Sentelle much as we do without your critical support. and Justice Clarence Thomas and practiced law at Williams & Connolly in Washington D.C.

18 UTLAW Summer 2002 The University of Texas School of Law Office of Continuing Legal Education

CALENDAR OF UPCOMING CLE EVENTS

INTERMEDIATE ESTATE ADMIRALTY AND MARITIME LAW PLANNING, GUARDIANSHIP CONFERENCE AND ELDER LAW CONFERENCE October 18, 2002 August 15 & 16, 2002 The Four Seasons Hotel Moody Gardens Hotel Houston Galveston

CONFERENCE ON IMMIGRATION THE JURY TRIAL AND NATIONALITY LAW August 23 • Austin October 24 & 25, 2002 September 19 or 20 (tba) • El Paso Westin Riverwalk Hotel September 26 or 27 (tba) • Dallas San Antonio LEGAL WRITING August 28 • Austin ADVANCED PATENT LAW INSTITUTE September 6 • San Antonio October 31 & November 1, 2002 September 18 • El Paso The Four Seasons Hotel September 25 • Dallas Austin and in conjunction with Boalt Hall: INSURANCE LAW INSTITUTE December 5 & 6, 2002 September 5 & 6, 2002 The Fairmont Hotel Westin Riverwalk Hotel San Jose, California San Antonio

TAXATION CONFERENCE WILLIAM W. GIBSON, JR. November 6–8, 2002 MORTGAGE LENDING INSTITUTE Hyatt Regency Austin on Town Lake September 12 & 13, 2002 Austin Hyatt Regency Austin on Town Lake Austin and ENERGY MARKETING AND September 26 & 27, 2002 DISTRIBUTION CONFERENCE The Adam’s Mark Hotel November 14 & 15, 2002 (tentative) Dallas The Four Seasons Hotel Houston PAGE KEETON PRODUCTS LIABILITY AND PERSONAL INJURY LAW CONFERENCE BANKRUPTCY CONFERENCE October 3 & 4, 2002 November 21 & 22, 2002 The Four Seasons Hotel The Four Seasons Hotel Austin Austin

Be sure to visit our updated website at WWW.UTEXAS.EDU/LAW/CLE, with many new features including in-house CLE and course materials. Telephone (512) 475-6700 for more information. FOR THE RECORD 20 FOR E ORD REC ized by of Brazil,Mexico,andtheUSA” wasorgan- New Federalism intheAmericas:TheCases P Harrington gration andcivilrightsthat included “T Ron Sievert and which includedapresentation byBenjamin; F Sa the session onMexico-U.S. trade agreements; ing Azuela andBenjaminmoderatedthe ed atalk byAzuela. Metalclad CaseandBeyond,” whichinclud- W T Thomas McGarity onmental Agenda,”whichincludedtalks by ed thepanel“Federalism andthe V address byformerPeruvian president April 11–12,whichincludedakeynote to Fragile DemocraciesintheAmericas,” ing remarksattheconference“Challenges AUSTIN, MARCH: APRIL: AUSTIN, FA AUSTIN, FEBRUARY: March 28, AfterSpecial Relationship September 11,”on Borderline: The Future ofthe U.S.-Mexico ofJournal Law & P parative Perspective”; F Te nizers oftheconference. andTorresing remarks.Ratner wereorga- orest: Habitat andState Fragmentation,” ederalism andDecentralizationinCom- orres alentín Paniagua; rotection inanEraofDecentralizationand aste, Federalism, andNAFTA: The he Long-Term Future oftheRelationship.” xt toPerformance: Law andOther r ah Cleveland The March22symposium UT Pa ses LAW SCHOOL tricia Hansen Antonio Azuela UT ACTIVITIESAND CULTY LAW moderated “The AmazonRain moderated “The sion, “NewWineinOldBottles? and Pa was apanelistforsession titled EVENTS tricia Hansen MAJOR Barbara Hines Steven Ratner Summer 2002Summer moderated asession onimmi- At theTexas Hispanic and olicy's symposium,“On the At thesymposium"From Gerald Torres moderated “Hazardous and Ernest Young L ynn Blais Antonio w as panelists;and “Environmental as apanelistat ga ve welcom- ga Benjamin moderat- ve clos- ; Gerald open- James Envir- . Environmental Regulation Cost?”; Environmental Regulation McGarity and Economic Development”; U. of thepanel“ExtraterritorialApplication “Public EnforcementofPrivate part Rights,” F Media andtheTexas on LawReview Center onLawyers, CivilJustice,andthe P Se Don't Know AbouttheImpactofLegal closing remarks. Abroad.” Inaddition, erated thepanel“Obtaining Evidence From To Fo the session“SuitsinU.S. Against Courts unity, andtheAlienTort during ClaimsAct” “T panel discussion on Copyright”; duringthesession “Developmentsin Industry” a talk titled“RecentDevelopmentsintheMusic wrights, andDirectors”; Te andmoderated thesessionsArts?” “ Are theLinksBetween Law andPerforming radio; Levinsonspoke atasession titled“What tosuppressission's efforts indecencyonFM Powe Te ated thesession “Legal toOffensive Responses the UT-Austin campus, W International Litigation,” inhonorof national LawJournal's“Symposiumon Without 'Em.” Pe Sokolow by and theUTCollege andorganized ofFine Arts Pe ebruary 1–2,ebruary olity,” sponsoredbytheLaw School’s eintraub S. Antitrust Law”; and S. AntitrustLaw”; xts,” whichincludedapresentation by ransient Jurisdiction,Sovereign Imm- rt xts” and“Composers, C reign andU.S. EntitiesUndertheAlien r r r S At the conference “What WeAt theconference“What Know and forming Arts: Can'tLive with'Em;Can'tLiveforming Arts: forming Arts,” sponsoredbytheLawforming Arts,” School vices ontheAmericanEconomy and On February 21,at theTexas Inter- anford Levinson

Claims Act”; Claims Act”; on theFederal Communications Comm- spoke atthesession “Contracts inthe , presented “HowMuchDoes Dean BillPowers Sa Fr r ah Cleveland ank Cross Jay Westbrook's , February 9, 28–March on Douglas Laycock David Anderson Neil Netanel Antigone Hans Baade THE onductors, Play- delivered “Law w ; and as part ofa as part presented ULSE WORKS PUBLISHED Offensive presented topic was Thomas Charles Russell moder- David mod- gave Scot W ence included and Effects.” Commentators attheconfer- “Empirical StudiesofBankruptcy'sCauses T Silver’s opments inTexas civilprocedureat theLaw F 2003–2004. Weinberg gave atalk inthe gram for2003andwillchairthesectionin S and chair-electoftheFederal Courts Louise Weinberg 2004meeting. program fortheJanuary section for2003andorganize thesection's willchairthe and ComputersSection; Reese Reese S ing oftheAmericanAssociationLaw NEW ORLEANS,JANUARY: ACTIVITIES PUBLICATIONS Charles Herring, Jr., H.Pemberton). andRobert Shopping.” the section’s program“InternationalForum S W andthe Courts Y by theSection onCivilProcedure. S BigIdea:Teachinga sessiontitled“The and of Dangerous Search foraBigIdea”aspart with theAALSmeeting. F moron?” tothefacultysectionof JudicialActivismConservative anOxy- Law Section; healsogave atalk titled“Is overy Practice: The New Rules Governing Rules New The Practice: overy oo Much?”;and ederal Courts S ederal Courts ederalist Society, whichmetinconjunction oung chools (AALS) on January 2–6,chools (AALS)onJanuary ection; shewillorganize thesectionpro- ection onConflictofLaws andmoderated cholarship inProcedural Law,” sponsored Discovery endy Wagner eintraub ALEX FA became chair-electoftheMaritime w topic was “DoesCivilJusticeCost as chosenchair-electoftheLaw CULTY NEWS (St. Paul: West, 2001ed.)(with concluded ayearaschairofthe Albright spokeonrecentdevel- Pa trick Woolley H L . See pps.12and14. Election P ynn Baker andbook on Texas Disc- Texas on andbook w ALBRIGHT ection Jay Westbrook as electedprogramchair At theannualmeet- program, “Federal , rocess.” L presented “The ynn Blais R. Anthony delivered Russell Ernest , and FOR THE RECORD 21 ¶ ¶ sto- Logic of LAW UT chosen as a The Shield of Bobbitt delivered ¶ ¶ BLAIS BOBBITT 8 Legal Theory8 Legal 45 (2002). the category of constitu- retical foundations by retical foundations ummer 2002 The Right Questions S The Normative Functions of Telecommunications Law and lead article October in the anford Junior Faculty Forum. It Forum. anford Junior Faculty His paper titled, “The STUART Law Journal. ee Major Events. theo BERMAN Bobbitt delivered a eulogy for S At the conference “Congressional Benjamin presented a paper on Benjamin presented a YNN ¶ MITCHELL BENJAMIN New York: Knopf, 2002). Knopf, New York: See (2002 Supplement) (with Doug (2002 Supplement) L Should Be Stockpiling Laws as Well as Should Be Stockpiling Laws as Well

PHILIP wer in the Shadow of the Rehnquist Court,” he Future of the FCC”Duke University at he Future History ( carcity: Idle Spectrum as a First carcity: Idle Spectrum aul's Chapel on the Columbia University chool of Law–Bloomington, Berman pre- Coercion Claims, Achilles: War, Peace, and the Course of Policy in March. S was Amendment Violation” winning paper in tional law- St the Yale/ will be the 2002 Duke Charles L. Black, Jr., on January 27 at St. Charles L. Black, Jr., P campus which will be published in a joint Law Journal and the issue of the Yale Columbia Law Review. address at the Montgomery Fellows 26 on the Dartmouth College on February as part of a lec- topic “Intelligence Failures” ture series on American intelligence. “The Bio- Bobbitt presented a paper, Law: Why terrorist Incident and the U.S. We judicial review and the Federal Communica- Federal judicial review and the symposium entitled tions Commission at a “T Po Indiana University the at 1–2 held February S of the Future Off the Dole: The sented “Getting Spending Power” as part of the panel and the States.” for Federalism “Implications ries on pps. 32 and 50. PUBLICATIONS PUBLICATIONS Shelanski). Lichtman and Howard ACTIVITIES PUBLICATIONS ACTIVITIES of of the Work Celebration [Symposium: “A 90 Georgetown Law Mark Tushnet”], Journal 223 (2001). ACTIVITIES ACTIVITIES PUBLICATIONS organized by the Brazilian Supreme Court, Supreme the Brazilian by organized topic “Sustainable on the a talk gave Benjamin Concept?” An Unsustainable Development: Events. Also see Major On On ¶ ¶ Caderno She pre- ¶ 51 Duke Law asilia, Brazil, at asilia, Brazil, She was quoted ¶ BAADE BAKER Austin American-Statesman On April 14–19 Jose, in San Federalism and the Double A Natureza no Direito Brasileiro: Also see Major Events. Also see Major ee Major Events. ee Major Events. ¶ ANTONIO On April 7–9 in Br On April 7–9 On March 22–23, Benjamin pre- Benjamin On March 22–23, Baker presented a paper titled Baker presented a paper S ¶ YNN BENJAMIN ¶ L HANS HANS ement in Costa Rica, 15–19. April in Costa ement ee also Major Events. On May 6, in Brasilia, Brazil, at the S oward a Federalism for the Twenty-First oward a Federalism olitics Workshop,” jointly sponsored by olitics Workshop,” olicy Symposium “Rio+10” in Williamsburg, ulbright Alumni Association, Benjamin gave a Benjamin gave ulbright Alumni Association, Standard of Judicial Review, Coisa, Sujeito ou Nada Disso, sented the same paper at the 2002 annual on meeting of the Public Choice Society, Diego. March 23 in San in the April 12 forc June 6, he was appointed to the board of to the board appointed June 6, he was Metro– Autónoma Universidad directors of public university the second-largest politana, in Mexico. Virginia. Virginia. and keynote speech titled “William Fulbright Modernity.” sented “Law and Sustainable Development” and Sustainable at sented “Law and Law the William and Mary Environmental P the 2002 annual conference of the Brazilian F PUBLICATIONS PUBLICATIONS “T Century: Jud- Role A for Non-Parametric icial Review Spending Cause?” Under the and Economics, on March 21 at the “Law, P and Diego Law School the University of San Diego the University of California at San Science. Department of Political Jurídico, July 2001, at 149. PUBLICATIONS PUBLICATIONS ACTIVITIES concerning the potential role of sovereign immunity in the breach-of-contract lawsuit Fluor Daniel, County and between Travis Inc., regarding construction of the Criminal Justice Center. Blackwell-Thurman ¶ ACTIVITIES ACTIVITIES Journal 75 (2001) (with Ernest Young). Costa Rica, at the Sixth International Con- Rica, the Sixth International at Costa Compliance and erence on Environmental cosponsored by the United Enforcement, the World Union, and Nations, the European Bank, and Benjamin presented “Networking Law.” the Enforcement of Environmental April 25, in Buenos Aires, Argentina, at the at April 25, in Buenos Aires, Argentina, by organized on Torts, Seminar International of Law, the University of Buenos Aires School Services and Liability.” “Financial his topic was ¶ International Seminar on Environmental Law, on Environmental Seminar International

RICK PATRICK 80 Also see ¶ He gave the He gave ¶ , the leading the subject. ation of Estates, VID ASCHER eatise on He also participated in the ZUELA DA Freedom of the Press, ¶ Azuela delivered a paper at the A . Azuela gave five lectures on Azuela gave ANTONIO ANTONIO ¶ Ascher presented a paper titled Ascher presented a paper ANDERSON

MARK te Planning. ASCHER MARK Trusts, and Beneficiaries ta xas Law Review 429 (2002). practitioner tr Mark Ascher is now the primary author of Mark Ascher is now Federal Income Tax elating to the Income Taxation of Trusts Taxation elating to the Income chool’s 12th Annual Conference on State on Annual Conference 12th chool’s Subchapter J: Recent Developments al leaders of several Latin American and environmental legislation and enforcement environmental as part of a nine- strategies in late February Bank course for environmen- lecture World t Caribbean countries. He delivered the lec- videoconfer- tures from the Law School's ence facility creation of an international network of researchers on the problems of the urban Department of Urban poor at MIT’s 4–5.Planning on February Sixth International Conference on Environmental Compliance and En- R on January 10 at the Uni- and Estates” Institute on versity of Miami Heckerling Es “ ACTIVITIES ACTIVITIES and Federal Appeals on June 6 in Austin. on June 6 Appeals and Federal PUBLICATIONS S Te Major Events. keynote address at the conference “Illegal on March 29 at Yale Logging in the Tropics,” University. FOR THE RECORD 22 S in Austin,titled“StudentsAsChampionsfor Against Women onCampuses”conference ofJustice’sthe Department Crimes “Violent March 20,shegave thekeynoteaddressfor Pr Collaborations: the topic“Law School andCommunity Barristers onMarch7inKona, Hawaii, on address fortheInternationalSociety of E 11–12, Buel'stopicwas “Family Violence: Annual Family LawConference,onApril Lawmaking.” Ev Violence andAchieving GenderEquality: University's symposium“Confronting Domestic W lence Work intheAcademy,” onApril20at paper-in-progress, “SituatingDomesticVio- Conference onApril5. at theUNLV BoydSchool ofLaw's Judicial Violence Litigation: CurrentNorms Examined,” a place conferenceonMay9inDenver. Attorney General’s Violence intheWork- Violence intheWorkplace” atthe Colorado WithDomestic Inappropriate Interventions the keynoteaddress“EmployerLiability For Offenders inComplexCases.” ACTIVITIES ¶ ference at theUniversity PhilosophyCon- to theInlandNorthwest Wittgenstein inConstitutional T presented apaper, “One Way toUse S which waspresentedintheTexas State Council, Infrastructure Protection Advisory fortheState lation” sectionoftheReport Months Later.” “September 11:Six he deliveredatalk, Mexico. V event forUT-Austin’s PlanIIprogram. a multimedialecture,atspecialevening on February 21. CarolinaSchool ofLawUniversity ofNorth ional LawSchool Conferenceatthe attheABAReg- Domestic ViolenceLaw” andPractice: ThePedagogyTheory of keynote address“BridgingtheGapBetween 9. January Violence CivilLawInstituteinTucson on attheABADomestic the Lawyer'sRole,” of DomesticViolencePractice: Rethinking andCultureintheContext address, “Race ddress, “Policy andProof inDomestic thical R accines,” onMarch15inLosAlamos,New ocial Change.” enate ChamberonMarch25. sigo olg of Law, College ashington On April9, hepresented“Law LikeLove,” actice inDomesticViolenceLaw.” aluating BatteredWomen andFeminist UT S LAW ¶ peetto of epresentation ARAH On March19, attheLBJLibrary, Buel deliveredthekeynote ¶ ¶ Summer 2002Summer icus,P Discourse, At theLawSchool's Second She alsopresentedthe ¶ ¶ ¶ Buel gave thekeynote Buel gave theplenary He wrotethe“Legis- ¶ of Idaho onApril5. BUEL She presenteda edagogy, and Victims and ¶ ¶ Buel gave American Bobbitt heory,” ¶ On ¶

WYATT MCSPADDEN in Denver. and U.S. ofJusticeonMay16 Department Institute American Prosecutors Research Domestic ViolenceProsecution” forthe andPractice in Theory “Reconciling Buel gave akeynoteaddresstitled Act,” onApril29atUT'sBassLectureHall. Implications oftheNoChildLeftBehind toRead: titled “Protecting OurRight Américo Paredes DistinguishedLecture, ACTIVITIES ACTIVITIES ACTIVITIES PUBLICATIONS Law Review 975(2001). Law Review Guantanamo BayDetainees UnderInter- March 26,shegave apubliclecture,“The Association ofAmericanLaw Schools. 2001 T Leg Through Faith-Based Institutions:Some “ atTexasPublic Service A&MUniversitytitled George BushSchool ofGovernmentand On March4,Carsonpresentedapaperat the Law Week 2002DeanKeeton Luncheon. that regard, Carsonreceivedaplaqueatthe lence andDedication totheStudentBody. In 2002 Faculty HonoreeforTeaching Excel- Student BarAssociation astheLaw Week Myth in U.S. Foreign Relations, Relations, Foreign U.S. in Myth Government Provision ofSocial Services F Carson was theSBA’s LawWeek 2002 aculty Honoree forTeaching Excellence al NORMA and Policy Issues.” CLEVELAND eachers oftheYear bythe ASN II CARSON, L Cleveland wasnamedoneofthe Cantú deliveredthe16thAnnual Carson wasdesignatedbythe OFTUS C. S Crosby and the “One Voice” “One the and Crosby ARAH CANTÚ 46 Villanova ¶ On

L OFTUS C. CARSON,II ¶ the Texas Fair DefenseAct. addressed thepassing andimplementingof intwopanelsthat Dawson participated Defense inTexas,” onApril26,Robert S symposium,“To andCivilRights Liberties 25 Texas Lawyer. equine law coursewas featuredintheMarch PUBLICATIONS ACTIVITIES ACTIVITIES ACTIVITIES PUBLICATIONS ACTIVITIES held at Duke University May 5–9. held atDukeUniversityMay5–9. day intensiveconferenceonbiotechnology adaptive response. conditions affectingthepossibilitiesfor t “Muslims inAmericaafter9/11,”andgavea Mellon Foundation atDukeUniversity, attended aconferencesponsoredbythe izenship. concerning minorityethnicgroupsandcit- political scienceandphilosophy where shepresentedrecentwritingsin Group onEthnicity, Assimilation,andLaw, S Cohen attendedameetingoftheS fall. See p.49. join thepermanentfacultybeginningthis Gregory C.Sisk). Gregory and 135 (2002)(withMichaelHeise ship], 69UniversityofChicagoLawReview R Major Events. Cabinet ofCollege Councils. chapter ofAmnestyInternationalandthe national Law,” sponsoredbythe UT-Austin Dzienkowski of FloridaCollegeLawonMarch 15. in Clients”acolloquiumat theUniversity Independence: Lawyer Equity Investments ¶ Health Law Conference,April5,inHouston. atthe Law School'sCounsel” 14thAnnual C in essional Responsibility at5. 2001) S to Epstein and King King and Epstein to alk on contemporary legal background alk oncontemporary ecure aFair Defense:The Future ofIndigent ection Report: JuvenileLaw (December ection Report: esearch andtheGoalsofLegal Scholar- cience ResearchCouncil's Working ROBERT He also presented “The DeclineinLawyer He alsopresented“The DZIENKOWSKI FRANK JANE R Cohen washiredbyUTLawto ¶ S Dzienkowski presented “Prof-Dzienkowski presented obert andJanDawson'sobert unique ee MajorEvents. presented a talk Above the Rules: A Response A Rules: the Above ¶ Editor's Foreword, Foreword, Editor's On March22–24, Cohen JOHN On January 10–13inFlorida, On January ¶ At aTexas Forum onCivil ¶ COHEN [Exchange: Empirical DA She attendedafive- CROSS WSON ¶ on lawyer orporate State Bar Also see ocial ¶ TEXAS

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[email protected] www.utexas.edu/law/career FOR THE RECORD 24 State BarofTexas, onApril26inAustin. of theAsianPacific InterestsSection ofthe sion, “Legal Ethics intheNews,”atameeting ¶ R “ of ga March 21inLosAngeles. Geographers atitsannualmeetingon raphy sectoroftheAssociation ofAmerican R paper, “NativeAmericanPeacemaking and TLwfclyti al See p.49. UT Lawfacultythisfall. from 86 Iowa Law Review 1(2000).] from 86IowaLaw Review and PlanningLaw Handbook525.[Reprinted ACTIVITIES PUBLICATIONS ACTIVITIES S loquium at theFloridaState University equity investmentsinclientsat afacultycol- ACTIVITIES in theApril15issueof ofJustice. Ministry atthe invitation oftheIsraeliJanuary workshops ondisputeresolutioninIsrael in ¶ Te before theCivilPractices Committee ofthe tified asaresourcewitness onarbitration legislative changesinTexas. concerningarbitrationandpossible article and Economics Workshop on April 1. Georgetown UniversityLaw Center'sLaw March 13. T Look attheEstate Tax” attheUniversityof “Death, Taxes, andCognition:ABehavioral from 1947– American Law School, April 14,shepresentedapaperatHarvard on theFree ExerciseofCulture. S The ThreatFrom Within,”totheSocial S 9, shepresentedapaperin January ed attheUNUniversityinTokyo. “Keeping Terrorism Foreign” waspresent- consciousness. Judges asEthics M Land Use Exactions Revisited, Revisited, Exactions Use Land oronto's Law andEconomics Workshop on chool ofLaw onMarch29. cience Research CouncilWorkingcience Research Group anibel, Florida,“IslamicAdaptations: egulation ofLawyer ConductinLitigation.” estorative Justice,”fortheculturalgeog- He served asmoderatorofapaneldiscus- He served xas House of Representatives onApril3. xas HouseofRepresentatives ve afacultycolloquiumat theUniversity On May18,Flemingwas quotedin the aionaH California UT JOHN K LEE LAW AREN ¶ Anthropological Association Engle willjointhepermanent F Fleming gave lecturesandled She presentedthesamepaperat 1999,” at a a at 1999,” ennell presentedapapertitled Hard Bargains and Real Steals: Real and Bargains Hard Summer 2002Summer ¶ “Human Rights andthe “Human Rights FENNELL sig olg of Law, College astings On May23,Engle’s FLEMING ¶ ENGLE Texas Lawyer Texas conference onlegal anager: ¶ He presenteda ¶ He wasquoted ¶ On April12,he 2001 Zoning Fleming tes- Judicial paper ¶ ¶ in an On On International, 2000)(editor). W W Intellectual Property “Internet Jurisdiction:Implications for Law Journal,Gore presented perty sored bytheTexas IntellectualPro- Challenging Economy,” sium “IntellectualProperty ina ACTIVITIES PUBLICATIONS PUBLICATIONS Gazette Democrat Arkansas ACTIVITIES PUBLICATIONS PUBLICATIONS nvriyLaw1013. Review University advocates forthepoor. See p.54. Pr receive theprestigious2002Kutak-Dodds Defender AssociationselectedFuchs to S LawConstitution inExile”at theRutgers ACTIVITIES t F andPoliticalments ofHistory Science, on sponsored byColumbiaUniversity'sDepart- Politics andSocietyCentury Workshop, atthe20th andReconstruction” History He deliveredatalk titled“Welfare Rights: on Columbia LawSchool facultycolloquium WorkshopHistory onMarch6andtoa 1882–1924” totheNewYork UniversityLegal Identity inImmigrationLawandPolicy, W DifferentFromGreeks BelongedtoRaces Jews,Italians,Slavs,and titled “When al disputeresolution. book on Federal Evidence Evidence Federal on book Rol Exile International Law Law International Evidence Evidence Rehnquist Court and Economic Rights,” in Rights,” Economic and Court Rehnquist ebruary 27.ebruary S chool Faculty Workshop onFebruary 11. est, 2002)(withWellborn). ellborn andSharlot) e, thePeople: Class,andNational Race, ize, whichisawardedannuallytohonor April 11. S e e TEPHANIE , 51 Duke Law Journal 165 (2001). , 51DukeLaw Journal165(2001). LINO of The Rehnquist Court: A Retrospective A Court: Rehnquist The TEVEN FRED FRANCESCO FRANCIONI (9th ed.,St. Paul: West 2002)(with t F he he orbath presented “The NewDeal orbath presented“The In May, theNationalLegal Aid& F At theFebruary 28sympo- WILLIAM Courts, ¶ Courtroom Handbook on Texas on Handbook Courtroom ORBATH 10 The Italian Yearbook of Yearbook Italian The 10 Single-Sex “Marriage”: The “Marriage”: Single-Sex T he New Deal Constitution in Constitution Deal New he He alsodeliveredapaper GRAGLIA (T he Hague:KluwerLaw FUCHS 2001 BrighamYoung ¶ Disputes.” GOODE Courtroom Hand- Courtroom (8th ed.,St. Paul: which was on GORE environmen- ¶ spon- “The ¶ Heights, Kentucky. Kentucky,sity ofNorthern inHighland sponsored bytheFederalist Society, Univer- pated inadebateonaffirmativeaction Clause,” inTucson, Arizona. NewPrivilegestitled “The andImmunities Colloq Fund inaLiberty participant ston onMarch21. Houston Federal BarAssociationinHou- ta gram, onMarch16. Access Television, “Live andLetLive,” AustinCommunity ontheTenthinterviewed Amendmenton Orleans, February 2.Gragliawas 26–March on ConstitutionalInterpretation, inNew Fundleader attheLiberty JudicialSeminar R a on February 8. the Young ofTexas Conservatives inDallas attheannualconventionof Civil Liberties,” at theBoaltSchool ofLaw inBerkeley. powerment intheLegal Process?” onMarch13 Justice:ChildrenandEm- “Reconceiving Berkeley, March12. Law andSociety, UniversityofCalifornia- P Law inAfrica, A CultureandRights: Re PUBLICATIONS ACTIVITIES (Oxford UniversityPress, 2002). ACTIVITIES ACTIVITIES and Ethnography, Gender, Law: Remaking ACTIVITIES PUBLICATIONS College, Oxford,onMarch4. legal philosophysymposiumatBalliol and OtherCausesofJudicialDecisions,”at a P Shapiro, 514(Oxford,U.K.: OxfordUniversity U. bour, Wilson,102(Cambridge, A. andR. R Legal Discourse, Discourse, Legal Perspectives, Perspectives, Oxford Handbook of Jurisprudence and Jurisprudence of Handbook Oxford erspective fromBotswana,” at theCentrefor ress, 2002). ights,” in Philosophy of Law, Law, of Philosophy obert Hamilton,areco-holdersofthe obert Plural Perspective onKwena Women's ANNE lk, “Terrorismlk, tothe andCivilLiberties,” K view 495(2001). .: Cambridge University Press, 2001). .: CambridgeUniversityPress, 2001). LESLIE DA HAMILTON Culture and Rights: Anthropological Rights: and Culture Graglia presented“Terrorism and Green presentedapaper, “Law Griffiths gave “Remaking atalk, Hamilton andherhusband, ed. “Law and Obligations,” in The in Obligations,” and “Law “ Gendering Culture:Towards GMAR S.

GRIFFITHS ¶ J. ¶ ietra Party pro-Libertarian

35 LawandSociety ¶ ed. J. ColemanandS. ¶ K. He was adiscussion ¶ On April,1,hepartici-

rgi was Graglia He gave aluncheon GREEN Cowan, M.B.Dem- She alsopresented ¶ also a uium ¶ FOR

Godfrey Chair at the Maine Law School dur- RICK PATRICK ing the fall semester, where she will teach Barbara Hines advanced constitutional law. received the H RECORD THE Excellence in ROBERT Public Interest HAMILTON Award for PUBLICATIONS Fundamentals of Modern teaching from Business: A Lawyer's Guide, 2002 the Public Cumulative Supplement (New York: Aspen Interest Law Law and Business, 2002) (with Richard A. Association Booth). ¶ Business Basics for Law Students: and the Essential Concepts and Applications (3d ed., Texas Legal New York: Aspen Law and Business, 2002) Foundation. (with Richard A. Booth). BARBARA HINES ACTIVITIES Hamilton is a co-holder of the Texas. ¶ She also presented “Asylum Law Godfrey Chair at the University of Maine Basics and Immigration Law and Criminal STANLEY Law School in the fall, where he will teach Convictions” at the seminar “Asylum Law: An JOHANSON business associations. The Godfrey Chair Introduction to Case Preparation,” sponsored ACTIVITIES Johanson addressed the is the sole endowed chair at the Maine by the Travis County Bar Association and the Beverly Hills (California) Bar Association, Law School. Political Asylum Project, on February 15, in on January 18, on the impact of the 2001 Austin. ¶ Hines and the Law School’s immi- Tax Act on estate planning. PATRICIA HANSEN gration clinic handled a Salvadoran woman’s ACTIVITIES Hansen participated in a break- successful asylum case that was cited in a fast workshop on research priorities in leading immigration publication (Stephen CORWIN JOHNSON Latin America that included a delegation Knight, Seeking Asylum from Gender Pers- PUBLICATIONS Property: Cases and Materials from the World Bank and a group of Univer- ecution: Progress and Uncertainty 79, no. 20 (8th ed., New York: Foundation Press, sity of Texas faculty, in Austin on February Interpreter Releases 689, May 13, 2002). ¶ 2002) (with Ernest Smith, John E. Cribbet, 16. ¶ Also see Major Events. Also see Major Events. and Roger W. Findley).

JAMES HENRY HU OWEN D.JONES HARRINGTON ACTIVITIES Hu was quoted extensively in ACTIVITIES On April 19 in Tallahassee, Jones ACTIVITIES See Major Events. numerous major U.S. and foreign newspa- gave the President's Address at the Fourth pers (such as the New York Times, Wall Annual Scholarship Conference of the 220- PATRICK HAZEL Street Journal, and Washington Post and the member Society for Evolutionary Analysis in PUBLICATIONS Editor's Comments, 20 The Independent (London) and Libération (Paris) Law (SEAL).¶ On April 20, Jones spoke at Advocate 73 (2001). ¶ Oral History Inter- and magazines (such as Business Week and the SEAL conference on how patterns in view with George Pletcher, 20 The Advocate Germany’s Wirtschaftswoche). He also cross-cultural legal history reflect shared 92 (2001). appeared on television and radio shows, neural architecture. ¶ He delivered the paper ACTIVITIES Hazel taught in the winter trial such as NBC Nightly News with Tom Brokaw, “Evolutionary Analysis in Law” at the UT advocacy session at Harvard Law School in News with Brian Williams (MSNBC), CNBC’s Program in the History and Philosophy of January. See p. 51. Power Lunch, and National Public Radio’s All Science on March 28. ¶ Jones was recently Things Considered. Hu discussed a wide named an associate of the science journal BARBARA HINES range of economic and legal matters, such as Behavior and Brain Sciences. PUBLICATIONS So Near Yet So Far Away: corporate governance, derivatives, executive The Effect of Sept. 11th on Mexican compensation, initial public offerings, invest- SUSAN KLEIN Immigrants in the United States, 8 Texas ment banking, securities disclosure and PUBLICATIONS Apprendi and Plea Hispanic Journal of Law & Policy, no. 1 regulation, stock analysts, and the world Bargaining, 54 Stanford Law Review 295 (Spring 2002).¶ financial system. These matters related to, (2001) (with Nancy J. King). ¶ ACTIVITIES Hines received the Excellence in among others, Credit Suisse First Boston, Miranda's Exceptions in a Post-Dickerson Public Interest Award for teaching from the Enron, General Electric, Global Crossing, World, 91 Journal of Criminal Law and Public Interest Law Association and the JP Morgan Chase, Merrill Lynch, Morgan Criminology 567 (2001). ¶ Wright, King, Texas Legal Foundation. ¶ She presented Stanley Dean Witter, Qwest Communi- and Klein, Federal Practice and “Seeking Termination of Proceedings Based cations, UBS, Waste Management, and Procedure, Criminal 3d, 2002 Pocket on Suppression of Evidence” at the confer- WorldCom. ¶ In January, Hu was Parts, vols. 1, 1A, 2, 2A, 3, 3A (St. Paul: ence “Representing Immigrant Children and reappointed to NASD Regulation’s West, 2002) (with Nancy J. King). Challenging Unlawful Arrests” at UT–El e-Brokerage Committee.¶ In March, he ACTIVITIES Klein presented “The Impli- Paso on February 21, sponsored by UTEP's began a third year of service on the National cations of Apprendi” on February 27 at a Center for Border Studies and the Lawyers' Association of Securities Dealers’ Legal national workshop on federal judges at the Committee for Civil Rights Under Law of Advisory Board. Federal Judicial Center in New Orleans.

Summer 2002 UTLAW 25 FOR THE RECORD 26 to reviseUTpoliciesonfreespeech. see MajorEvents. F UT presidentLarry 28,inAustin. ruary 17th AnnualSchool Law Conference,Feb- gi ture article intheDecember31 ture article E Committee oftheABASection ofLegal Discipline andisamemberoftheCurriculum ed totheABAStanding CommitteeonLawyer March 1inAustin. ence oftheTexas Association ofMediators, opinions aboutmediation at theannualconfer- discussion onpublicperceptionandconsumer and theState LawSection. Bar'sBusiness Commission, theTexas State SecuritiesBoard, andExchange District OfficeoftheSecurities School,sponsored bytheLaw theFort Worth Theconference is all 23previousconferences. lems, February ashehasdonefor 21, inGalveston, S remarks at the24th Annual Conference on ACTIVITIES PUBLICATIONS “ ACTIVITIES PUBLICATIONS ACTIVITIES Journal ofLaw&Policy 56(2001). Argentina. R F tina. Shemadeasimilarpresentationon the Cámara deComercioinCórdoba,Argen- Enactment ofCodes ofEthics forMediators” at she gave thetalk “IssuesSurrounding Montgomery, February 13. Alabama ConferenceonDisputeResolutionin Mediators inToday's World” at theAnnual delivered thepaper“Issues ofTraining Wilmington, Delaware, onFebruary 4. onmediation,in the Delaware judiciary Dispute Resolution. annual conferenceoftheABASection on “T April 5inSeattle, Kovach spokeonthetopic American-Statesman. American-Statesman. Butterflies Butterflies Lawyer, Lawyer, ebruary 20beforetheAsociaciónEmpresarial ebruary ducation andAdmissions totheBar. ecurities Regulation andBusinessLawProb- ecurities Regulation egion CentroArgentina, inVillaMaría, TERRI on inSchools Update” attheLaw School's he Public’s Perception ofMediation” at the LEON UT LAW December 31,2001,at 37. KIMBERLEE ¶ Ko DOUGLAS Laycock was thesubjectofafea- LAYCOCK Lebowitz deliveredtheopening KOVACH [poem], 7Texas Hispanic Ko v ach conductedaprogram for In the Time of Shoes and Shoes of Time the In Summer 2002Summer T v ach participated inapanel ach participated he DamageDone,” ¶ LEBOWITZ LECLERCQ Ko ¶ aulkner tochair v He was also namedby ¶ ach hasbeenappoint- He presented“Reli- ¶ On February 19, a panel ¶ Austin ¶ Texas ¶ Also She On U. J. S P Objectivity in Law and Morals and Law in Objectivity ACTIVITIES of Law the and Epistemology Naturalized 5 GreenBag(2dser., 2002)at203. and Social the of Encyclopedia International PUBLICATIONS 2001 IllinoisLaw 1135. Review Observer, Texas Issues intheWake ofFlorida2000”]29 Law ofPresidentialposium “The Elections: J. (withRonald Allen). (2001) (with JackM.Balkin). (2001) 90 GeorgetownLawJournal173 Celebration oftheWork ofMarkTushnet”), PUBLICATIONS reprint editionofLeiter'seditedvolume Cambridge University Press toissue a S on March8. University ofParis I(Panthéon-Sorbonne) law facultyandgraduatestudentsatthe American jurisprudencebeforefivedozen yearsofAnglo- about thepastforty vered alectureandansweredquestions College, Oxford,onMarch4. legal philosophysymposiumatBalliol Debate” at a “Beyond theHart-Dworkin and PhilipKitcher(Columbia). (LSE),AlvinGoldman(Rutgers), Cartwright omics. The journal'seditorsareNancy S Centre forPhilosophyofNaturalandSocial and Social Sciences, apublicationofthe ological ControversiesintheHumanities tor ofthenewjournalEpisteme:Epistem- Leiter hasbeenappointedaconsultingedi- 2,000 copiesinitiallyforsaleinChina. inaneditionof University Press, 2001), Amendment in Law and History). Amendment inLaw andHistory). (reviewing CarlT. Bogue,ed.,The Second Afraid of the Twelfth Amendment? Amendment? Twelfth the of Afraid Objectivity, Objectivity, Jurisprudence and Philosophy of Law, Law, of Philosophy and Jurisprudence Evidence, Evidence, Sciences, Behavioral C. Baum Memorial Lecture: Was the Was Lecture: Memorial Baum C. in Professors Law of Roles The Academics: cience, 2001). cience, 2001). cience andLawPress hascontractedwith cience attheLondonSchool ofEcon- aul B.Baltes,8999(Oxford:Elsevier Emancipation Proclamation Constitutional? Proclamation Emancipation Gore v. Bush of Wake the

K Do We/Should We Care What the Answer Is? Answer the What Care We We/Should Do Coleman andS.Shapiro,969(Oxford, .: OxfordUniversityPress, 2002). BRIAN LEVINSON S 87 Virginia Law 1491 Review Leiter deliveredthepaper in ¶ ANFORD Karl Nickerson Llewellyn, Llewellyn, Nickerson Karl Legal Historicism and Legal and Historicism Legal China UniversityofPolitical ¶ The Oxford Handbook of Handbook Oxford The The Law School Observer, School Law The January 18,2002,14 January ed. NeilJ. Smelserand LEITER ¶ “Second toNone?” (Symposium: “A ¶ He alsodeli- ¶ (Cambridge ¶ ¶ The David The Law and Law ¶ Who's [Sym- ed. in ¶ presented apaperwiththesametitle. some additions)underthetitle alsopublishedin English(with (2001), Internationale deDroitComparé807 ed.; Oxford: Hart Publishing,2002). ed.; Oxford:Hart to Bear,” inKermit Hall,ed., L. ACTIVITIES (withErnestYoung).(2001) Florida State 925 UniversityLawReview ACTIVITIES PUBLICATIONS German Law of Torts; A Comparative A Torts; of Law German ACTIVITIES in 2001). MohrSiebeck, chtriem, 279(Tübingen: Frank,ed. G.Hohloch,R. andP. Schle- Major Events andp.10. F on Law andOtherPerforming Arts,” numerous panelsin“Text toPerformance: the President.” and “Implications forCongress,theCourts, S University School ofLaw–Bloomington, Court,” heldFebruary 1–2 attheIndiana Po P appointed SpecialAdvisortotheFirst launched thefourthedition ofhis special post. non-French citizenevertoholdsucha for mattersofEuropeanLaw, thefirst 2002), inLondon. Oxford UniversityPress, 2002). Y P panel “Temporary Orders:How toLook inthe 11–12, Lungwitzwasaparticipant Annual Family LawConferenceonApril Legal Problems 591 (2001). Legal Problems 591(2001). the Twenty-First Century: The British The Century: Twenty-First the of Techniques Different and Parallel sende Einfluß der Menschenrechte auf Menschenrechte der Einfluß sende Companion to American Law, Law, American to Companion Treatise Division: The Search for Similarities in Similarities for Search The Division: recherche des ressemblances dans le dans ressemblances des recherche JEANA ebruary 28throughMarch9. ebruary esterday.” anford Levinsonmoderatedthepanel repared Even IfYou Met Your Client resident oftheFrench SupremeCourt Academy Centenary Lectures, Lectures, Centenary Academy Germany, and England in Law Teaching das englische Delikts-recht, in Fests- in Delikts-recht, englische das Contemporary European Law, Law, European Contemporary droit européen contemporain, contemporain, européen droit chrift für Hans Stoll zum 75. Geburtstag, 75. zum Stoll Hans für chrift wer intheShadowofRehnquist The British Contribution to the Europe of Europe the to Contribution British The MARKESINIS ¶ At At theLawSchool's Second (Oxford: Hart Publishing, (Oxford: Hart ¶ Tutorial and Repetitorium: and Tutorial In May, Markesinis was

the conference Unit é ou divergence: a la a divergence: ou é Unit At theconference,Lungwitz ¶ BASIL ¶ On June18,Markesinis LUNGWITZ Levinson participated in Levinson participated “C ¶ 63 (Markesinis 35 (NewYork: ¶ ongressional “ Arms, Right 54 Current ¶ The Oxford The Der wach- Der 53 Revue Unity and Unity Also see FOR 1 (2001), at the University of Michigan Law RICHARD ROY M. MERSKY School Legal Theory Workshop on February MARKOVITS PUBLICATIONS 43 Index to Periodical Articles 8. ¶ See also Major Events. H RECORD THE PUBLICATIONS On the Economic Efficiency of Related to Law (Fall 2001) (with Donald J. Using Law to Increase Research and Dunn and Tobe Liebert). ¶ 44 Index to MARK Development: A Critique of Various Tax, Periodical Articles Related to Law (Winter PERLMUTTER Antitrust, Intellectual Property, and Tort Law 2002) (with Donald J. Dunn and Tobe PUBLICATIONS Practicing Law—and Keeping Rules and Policy Proposals, 39 Harvard Liebert). ¶ Publishing, Law, in The Oxford Your Humanity, ABA Journal (April 2002) Journal on Legislation 63 (2002). Companion to American Law, ed. Kermit L. at 58 (review of Transforming Practices: Hall, 679 (New York: Oxford University Finding Joy and Satisfaction in the Legal PHILIP K. Press, 2002) (with Tobe Liebert).¶ Life, by Steven Keeva). ¶ MAXWELL Language and the Law, Experience (Spring ACTIVITIES Perlmutter served as legal con- ACTIVITIES Maxwell was one of two U.S. 2002) at 8. sultant for the film Scared Silent, based on a lawyers invited to speak at the “Litigating ACTIVITIES Mersky was a speaker at the case he handled involving four women who Class Actions” seminar, May 30–31, in Scribes Award Luncheon at the National sought justice against a deputy sheriff who Calgary, held by the Canadian Institute for Conference of Law Reviews, March 21, at raped them. The film aired on the Lifetime Canadian lawyers. Maxwell's topic was Whittier College School of Law, where he channel in late May and early June. “What Happens When the Client Class Sues introduced the keynote speaker and present- SCOT POWE the Class Action Lawyer,” and he was a fea- ed the Scribes Law Review Competition tured luncheon speaker. Award. ¶ He was honored as a Life Member of ACTIVITIES See Major Events. the Fellows of the American Bar Foundation at TRACY the midwinter meeting of the American Bar WILLIAM POWERS MCCORMACK Association, January 25, in Philadelphia.¶ He PUBLICATIONS Products Liability: Cases and ACTIVITIES McCormack presented “Voir was also appointed a member of the American Materials (3d ed., St. Paul: West, 2002) Dire and Jury Selection” at the Advanced Bar Association's Standing Committee on (with David A. Fischer, Michael Green, and Civil Litigation Conference, sponsored by Law Library of Congress for a three-year term Joseph Sanders). ¶ Restatement (Third) of the University of Houston Law Foundation to begin in August. Torts: Liability for Physical Harm (Basic in Houston on March 21 and in Dallas on Principles), Tentative Draft No. 2 (Philadel- March 28. ¶ On April 12, she delivered LINDA MULLENIX phia: ALI, 2002) (reporter, with Michael “The Jury Trial: A Litigatior's Perspective” PUBLICATIONS Class Actions—The Party's D. Green). at the County and District Clerks' Legal Over: Do Spurned Class Action Objectors ACTIVITIES Powers was honored as a Life Education Conference sponsored by UT Have Appellate Rights to Further Protest? Member of the Fellows of the American Bar CLE. ¶ At the Law School Reunion on 2001–2002 Preview of United States Foundation at the midwinter meeting of the April 13, McCormack hosted “The Supreme Court Cases 298. ¶ Master Class— American Bar Association on January 25 in Weakest Link” with Professor Jim Dispositive Motions, National Law Journal, Philadelphia. ¶ See also Major Events. McCormack and led an interactive discus- March 11. ¶ Federal Courts in the 21st Century: sion on legal ethics, based on the popular Cases and Materials (2d ed., Newark, N.J.: MICHAEL SEAN network television game show. LexisNexis, 2002) (with Howard P. Fink, QUINN Thomas D. Rowe Jr., and Mark V. Tushnet). ¶ PUBLICATIONS Terrorism and Insurance: THOMAS Some Joy in Whoville: Rule 23 (f), A Good Some Tentative Thoughts, 14 Environmental MCGARITY Rulemaking, 69 University of Tennessee Law Claims Journal 19 (2002). ACTIVITIES In January, McGarity present- Review 97 (2001). ACTIVITIES Quinn presented “The ed a faculty colloquium at Emory ACTIVITIES Mullenix presented “September 11 Commandments of Professional University, “Judicial Review of Risk 11th Victim Compensation Fund of 2001: A Responsibility” at the Law School's Sixth Assessment.” ¶ In February, he deliv- Model for the Future?” at the conference Annual Conference on Land Use ered a paper on regulatory cost analysis “Liability and Insurance After September Planning Law, February 8 in Austin, and at the conference “What We Know and 11th,” sponsored by the Connecticut Insur- at the Law School's Fourth Annual Don't Know About the Impact of Legal ance Law Center and the Geneva Telecommunications Law Conference, Services on the American Economy and Association, March 22, at the University of March 8 in Richardson. ¶ At the Law Polity,” which was held at UT Law Connecticut School of Law. School's 24th Annual Conference on School. ¶ In March, he testified before Securities Regulation and Business Law the Senate Committee on Government NEIL NETANEL Problems, February 21 in Galveston, Operations on the Environmental ACTIVITIES Netanel presented “Copyright Quinn spoke at the session “The Record of the Bush administration dur- and the First Amendment” on January 18 as Corporate and Business Law Impli- ing its first year. ¶ In April, he attended part of the Boston University School of cations of Terrorist Activity.” ¶ He was a conference at Duke University, “Alter- Law's Intellectual Property Speakers also quoted in the March 17 New York natives to Cost-Benefit Analysis in Series.¶ He presented his recent arti- Times on the insurance context of Environmental Regulation.” ¶ Also see cle, Locating Copyright Within the First child molestation claims against Major Events. Amendment Skein, 54 Stanford Law Review Catholic priests.

Summer 2002 UTLAW 27 FOR THE RECORD 28 T S asanacademicadvisortotheUN serve quoted intheApril12 K w ber–December 2001) at16. ber–December 2001) prisoners atGuantanamo Bay, Cuba. on thelegality ofU.S. treatmentofAfghan ACTIVITIES PUBLICATIONS PUBLICATIONS ist Zacharias Moussaoui. seek thedeathpenaltyforsuspectedterror- policy ramificationsoftheU.S. decision to F as aguestonFox O'Reilly News'“The for 1970s-eraatrocities. theKhmerRouge ment onatribunaltotry negotiations withtheCambodiangovern- on February 15ontheUN'sdecisiontohalt w (2001) (withothers). (2001) of InternationalandComparativeLaw 1 994 (2001). 994 (2001). Law American JournalofInternational symposium onchallengestothe fragile president’s keynoteaddressataLawS dual or Institutional? Institutional? or dual national Enterprise as Global Corporate Global as Enterprise national Truths: Confronting State Terror and Terror State Confronting Truths: Statesman errorism andtheUnitedNations. actor” onMarch28todiscusstheforeign actor” ecretary-General's Workingecretary-General's Groupon ristof in the January 29 ristof intheJanuary Citizen,” Atrocity Group onTerrorism andtheUnitedNations. sor totheUNSecretary-General’s Working Steven Ratnerserves astheacademicadvi- as quoted in an op-ed piecebyNicholas as quotedinanop-ed as alsoquotedinanABCNews.comstory S

UT S TEVEN RATNER DA TEVEN LAW , byPriscilla B.Hayner, 95 21 NewYork LawSchool Journal VID with regard toaformer Peruvian Ra Book reviewof tner hasbeenappointedto ¶ Academic Freedom, Indivi- Freedom, Academic S ummer 2002ummer Symposium: RABBAN RATNER Academe (Novem- ¶ Austin American- Austin Ra New York Times York New ¶ tner appeared Unspeakable “The Multi- “The Ra tner was ¶ Ra chool ¶ tner He S P Tr Tr Law Institute,“ManagingtheInternational Judgments” atthe14thAnnualInternational International Awards andForeign Arbitration and Mediation Report 71(2002). Arbitration andMediationReport ACTIVITIES ACTIVITIES Peppet).and Scott R. P PUBLICATIONS R. (with Edward F. ShermanandScott ed., NewYork: Foundation Press, 2002) of theonlinemagazine columnintheFebruary 27issue “Explainer” information ontrademarklawforthe International. University ofTexas chapterofAmnesty Pitfalls ofInternationalJustice”tothe gave30, Ratner anaddresstitled“The democracies ofLatinAmerica. ¶ Ed Y and Other Performing Arts.” and OtherPerforming Arts.” symposium “From Text toPerformance: Law oftheLawSchool's Copyright?” aspart who gave thelunchpresentation “Why Stanford lawprofessorLawrenceLessig, Law Journal. S organized Law bytheIntellectualProperty LawSymposium, Intellectual Property W keynote address,“Fair UseinaChanging professor Paul Goldstein, whodeliveredthe introducedStanford law March 1,Reese office. UT-Austin CareerServices LiberalArts of the“Careers inLaw Panel” heldbythe lawaspart careers inintellectualproperty April 16. the BoaltHallIPScholarship Seminar on Speakers Seriesof onApril8andaspart Cardozo LawSchool's IntellectualProperty of aspart for CopyrightInfringement” sented adraftofhispaper“StrictLiability Review: A Brief Rejoinder, Rejoinder, Brief A Review: Processes Processes Processes of Dispute Resolution: The Role The Resolution: Dispute of Processes ork: Foundationork: Press, 2002)(with cott Peppet). ress, 2002)(withEdward F. Sherman and ociety andtheTexas IntellectualProperty ress, 2002)(withEdward F. Sherman of of ademark the Phrase ‘Let's Roll’? ademark thePhrase‘Let'sRoll’? ansaction,” inHoustononFebruary 22. orld,” attheLawSchool's thirdannual

ward F. Peppet). ShermanandScott R. Mediation and Other Non-Binding ADR Non-Binding Other and Mediation P L eppet). awyers awyers ¶ R. ¶ ALAN He wasaguestteacherintwo R (2d ed.,NewYork: Foundation R (3d ed.,NewYork: Foundation On April 10, Reese spokeon On April10,Reese au presented“Enforcementof ANTHONY eese providedbackground ¶ ¶ REESE ¶ Arbitration Arbitration ¶ On March7, heintroduced Also seeMajorEvents. “Arbitrability” and Judicial and “Arbitrability” “Notes for Teachers,” Teachers,” for “Notes Slate ¶ RAU Negotiation Negotiation , titled“Can You (2d ed.,New ¶ R ¶ 13 World eese pre- On April ¶ (2d On law school,(thisyear itwas Tulane). sponsors eachyear withalocalhost Orleans, whichtheLawSchool co- Competition, March21–23, inNew BrownAdmiralty Moot Court John R. judges at theNinthAnnualJudge the oral argument andbrief-ranking the problemandmemousedtoassist Sturley, created andwrote Robertson F and GeneticModification.” See p. 50. “Preimplantation GeneticDiagnosis Institutes ofHealth foraproject titled grant of$150,000 fromtheNational issippi. search” attheUniversityofMiss- Stem CellRe- Issues inEmbryonic sented “Legal, Ethical, andPolicy families. tocreate gendervarietyembryos in preimplantation geneticdiagnosisof K Litigation 309(2002)(withChariLynn 193 (2001) (withMichaelSturley). 193 (2001) PUBLICATIONS ACTIVITIES ACTIVITIES PUBLICATIONS JOHN ACTIVITIES American JournalofBioethics33(2002). permanent law faculty and will start inhis permanent lawfacultyandwillstart Austin.” atTheUniversityofTexascareer services at of “in recognitionofoutstanding support Aw w Institute onMay30inAustin. 15th AnnualComputerandTechnology Law online copyrightissuesat theLaw School's Goldstein. and “Advanced Copyright,” taught byPaul Contract,” taught byMargaret JaneRadin, 29–30: “HighTechnology Property and seminars atStanford LawSchool onApril LAWRENCE Embryo Status and Moral Complicity, Complicity, Moral and Status Embryo Companies from Lawsuits Brought by Brought Lawsuits from Companies alty and Maritime Law at the National the at Law Maritime and alty ebruary 16 ebruary elly). Foreign Offshore Oil and Gas Workers: A Workers: Gas and Oil Offshore Foreign Level and in the Fifth and Eleventh and Fifth the in and Level as awarded the Robert Murff Excellence Murff as awardedtheRobert Report on the Effects of the 1982 the of Effects the on Report Circuits, Circuits, Amendment to the Jones Act, Act, Jones the to Amendment ard bytheTexas CampusCareerCouncil ¶ ROBERTSON ¶ ¶ 26 Tulane MaritimeLawJournal Recent Developments in Admir- in Developments Recent Also seeMajorEvents. ¶ ¶ R S He hasreceived atwo-year ager was hired as part ofthe ager washiredaspart obertson was quotedinthe obertson T R ogether withMichael On February 23,hepre- Crossing the Ethical Chasm: Ethical the Crossing New York Times York New ROBERTSON eese gave apresentation on DA Protecting U.S. Oil U.S. Protecting VID SA ¶ 21 Review of 21 Review In May, he on using GER 2 FOR new position this fall. ¶ See pps.32 and 48. lawyers from Kosovo who were visiting the Working Group III (Transport Law) of the Law School. Sievert’s role in this courtroom UN Commission on International Trade Law JOHN S AMPSON training exercise was featured in a May 1 (UNCITRAL), April 15–26, at the United H RECORD THE PUBLICATIONS Amendments to the Texas news article in the Austin American- Nations in New York, as the Senior Advisor Family Code, Title 1: The Marriage Statesman. ¶ Also see Major Events. on the U.S. delegation. ¶ Before the ses- Relationship [Commentary], State Bar sion, he attended two meetings of the Section Report: Family Law (Summer 2001) Secretary of State's Advisory Committee on at 6 (with others). ¶ Amendments to the CHARLES SILVER Private International Law, held in Washing- Texas Family Code, Title 5: The Parent-Child PUBLICATIONS Defense Lawyers' Profes- ton, D.C., on January 9 and April 15 to dis- Relationship [Commentary], State Bar sional Responsibilities: Part II—Contested cuss the U.S. government's negotiating Section Report: Family Law (Summer 2001) Coverage Cases, 15 Georgetown Journal strategy at the UNCITRAL meeting. at 25 (with others). of Legal Ethics 29 (2001) (with Ellen S. Pryor). ¶ “What Lawsuit Abuse?” Dallas TERESA WAYNE SCHIESS Morning News, April 14, 2002. SULLIVAN ACTIVITIES Schiess has been appointed a ACTIVITIES Silver presented “Does Civil ACTIVITIES Sullivan’s The Fragile Middle member of the Citation Manual Adoptions Justice Cost Too Much?” at the conference Class: Americans in Debt (Yale University Committee of the Association of Legal “What We Know and Don't Know About the Press, 2000) (with Elizabeth Warren and Writing Directors. ¶ He presented “Ten New Impact of Legal Services on the American Jay Westbrook) was reviewed in 87 Cornell Things in Legal Research and Writing” to Economy and Polity,” sponsored by the Law Law Review 1078 (2002). lawyers and legal assistants at the Austin School’s Center on Lawyers, Civil Justice, law firm of Graves, Dougherty, Hearon and and the Media and the Texas Law Review WYATT MCSPADDEN Moody on January 23. ¶ He spoke on legal on February 1–2. See p. 12. ¶ See also writing to the Travis County Women Major Events. Lawyers Association on April 17. ERNEST SMITH JOSÉ SERNA PUBLICATIONS Property: Cases and DE LA GARZA Materials (8th ed., New York: Foundation ACTIVITIES Serna de la Garza was one of Press, 2002) (with Corwin Johnson, John the speakers at the memorial service hon- E. Cribbet, and Roger W. Findley). oring Guillermo Margadant, March 20, in ACTIVITIES On February 26, Smith spoke Mexico City at the Instituto de Investiga- on “Wind Energy: Prospects and Issues” ciones Jurídicas, Universidad Nacional to the Oil, Gas, and Energy Law Section of Autónoma de México. the Houston Bar Association. ¶ Smith presented “Case Law Update” at the Law MICHAEL School's 28th Annual Ernest E. Smith Oil, SHARLOT Gas, and Mineral Law Institute, March 22, PUBLICATIONS Courtroom Handbook on in Houston. JOHN SUTTON Texas Evidence (9th ed., St.Paul: West, This fall marks John Sutton’s 45th 2002) (with Goode and Wellborn). DAVID SOKOLOW anniversary of teaching at the Law School. ACTIVITIES Sharlot wrote the foreward to an ACTIVITIES Sokolow presented “So You Want oral memoir of the late UT Law professor to Make a Movie?” at the Center for Law and JOHN SUTTON Gus Hodges, which was published in May by Entrepreneurship at the University of Oregon ACTIVITIES Sutton served as moderator for the UT Law library. School of Law on April 4. the Review of Litigation's symposium, “Ethics and Attorney-Client Intimacy: Proposed RONALD SIEVERT MICHAEL Disciplinary Rule of Professional Conduct PUBLICATIONS Campbell v. Clinton and the S TURLEY 5.07 (Prohibited Sexual Relationships),” Continuing Effort to Reassert Congress' PUBLICATIONS Recent Developments in April 15, at the Law School. Predominant Constitutional Authority to Admiralty and Maritime Law at the National Commence, or Prevent, War, 105 Dickinson Level and in the Fifth and Eleventh Circuits, GERALD T ORRES Law Review 157 (2001). 26 Tulane Maritime Law Journal 193 (2001) PUBLICATIONS The Miner's Canary: Enlisting ACTIVITIES Sievert spent two weeks in (with David Robertson). Race, Resisting Power, Transforming Kosovo in October 2001 on a training and ACTIVITIES As a member of the Competition Democracy (Cambridge, Mass.: Harvard liaison mission for the U.S. Department of Committee, Sturley presided over the Ninth University Press, 2002) (with Lani Guinier). Justice, working with Kosovar attorneys on Annual Judge John R. Brown Admiralty ¶ “The Miner's Canary: The Problems of their new procedural code and answering Moot Court Competition, March 21–23, in People of Color Show What's Wrong with questions on pending cases growing out of New Orleans, which the Law School co- American Democracy,” The Nation (February the conflict with Serbia. ¶ In April as part of sponsors each year with a local host law 18, 2002) 20 (with Lani Guinier). ¶ Trans- this program, Sievert served as a judge in a school (which was Tulane this year). ¶ lation and Stories, 115 Harvard Law Review mock trial to teach courtroom skills to 14 Sturley attended the Ninth Session of 1362 (2002). ¶ Foreword to Justice and

Summer 2002 UTLAW 29 FOR THE RECORD 30 the UniversityofPennsylvania onApril 11. at James BristerSymposiumonCivilRights T at Wayne State LawSchool onApril4. at asymposiumonthefutureofcivilrights 18–24, at32,andthe College Law Review 195 (2001). 195(2001). College LawReview Courts Issue[commissioned]). Courts 1182 (2001,pub.2002)(AnnualFederal Guinier) wasreviewedinthe (Festschrift issue). Re by Tony Judt.] 17,January 2002,at49. [Letter, withreply ACTIVITIES “ Sovere Of PUBLICATIONS also MajorEvents. Environmental StudiesonApril24. the Yale School ofForestry and at and IndianLawinEnvironmental Policy” ture titled“IncorporatingTribal Perspectives book withLaniGuinier. organized toexplorethemesfromhisrecent asymposium University during K On April19, Torres was apanelistat the 2.html. http://www.antonesrec.com/product/tmg800 The songisavailable ontheWeb, at ACTIVITIES Strategies, Concepts, Resources: Natural PUBLICATIONS An Exchange,” D Bryner, andD. S.Kenney, xxi(Washington, CD, Austin singer-songwriterLisaMednick's new ofca onthesong“Widow T William Reynolds, and William Richman). andWilliamRichman). William Reynolds, N.J.: LexisNexis, 2002)(withDavidVernon, tured subjectonABC-TV's Demagnetise Magnet Forums, Forums, Magnet Demagnetise ( Problems Materials, Cases, Review Enlisting Race, Resisting Power, Trans- Power, Resisting Race, Enlisting Alden, Alden, Applications, and Law, Giving Justice, Justice, Giving Law, Post National Weekly Edition Weekly National Post correct, entary on the Conflict of Laws: 2002 Laws: of Conflict the on entary orres wasasymposiumpanelistatthe ennedy School ofGovernmentatHarvard .C.: IslandPress, 2002). forming Democracy forming view 1361-65 (2001,pub.2002) view 1361-65 UT Semaphore Semaphore Supplement Supplement , April21. 76 Notre Dame Law Review 1113- 76 NotreDameLawReview LAW ¶ WEINTRAUB on April9. WEINBERG ignty and Union: The Legends of Legends The Union: and ignty T RUSSELL orres wasthefeaturedspeaker T America, theWar, andIsrael: orres' L Publications Conflict of Laws: of Conflict Publications S ¶ New York Review of Books, of Review York New (T When and How to How and When ummer 2002ummer OUISE ¶ e See also Major Events. Major also See xas MusicGroup,2002). ed. K. M.Mutz,G.C. K. ed. ¶ T The Miner's Canary: Miner's The he bookwasthefea- New York Times Book Times York New T orres playsharmoni- (2002) (withLani ¶ 60 LouisianaLaw ¶ T orres gave alec- 2d ed.,Newark, his World” from Politically In- Politically Washington ¶ , February 12 King's ¶ Choosing that was Comm- ¶ See ¶ ¶ ¶ Public Radio's about theEnronbankruptcyonNational S Te the Ex-Students' Association2001–2002 Borchers) Y 99 (2001). Connecticut JournalofInternationalLaw abeth Warren), was reviewedin87 2000) (withTeresa Sullivan and Eliz- ACTIVITIES PUBLICATIONS Evidence Federal on (8th ed.,St. Paul: West, 2002)(withGoode). Handbook Courtroom PUBLICATIONS ACTIVITIES Austin American-Statesman Austin Chronicle Houston F P 2002) (withGoodeandSharlot). bankruptcy inthe onconsumer series offeaturearticles brook wasquotedseveraltimesina 30andFebruaryJanuary 3. storieson 3, andinCox NewsService ments aboutEnronappearedinthe Austin. sium inFebruary attheLawSchool in Te brook's WYATT MCSPADDEN P Constitution icans in Debt in icans Texas Evidence Evidence Texas Considered, Materials 2002 Supplement ( Supplement 2002 Materials ork: Foundationork: Press, 2002)(withHayand ebruary 21andon ebruary ress, 2002). chool ofLaw. JAY roject of the American Law Institute, Institute, Law American the of roject xas InternationalLawJournalsympo- xas ExcellenceTeaching Award forthe WELLBORN III ¶ The Fragile Middle Cl Middle Fragile The . Also seeMajorEvents. OLIN GUY W W (4th ed.,NewYork: Foundation WESTBROOK estbrook istherecipientof eintraub was honoredatthe on February 3,andhiscom- The Transnational Transnational The ¶ on February 3. Courtroom Handbook on Handbook Courtroom All Things Considered Considered Things All Conflict of Laws: Cases and Cases Laws: of Conflict (Y (9th ed.,St. Paul: West, ¶ ale Univers He wasinterviewed on February 13,the Weekend All Things All Weekend Atlanta Journal- Atlanta 11th ed.,New on February ity Press, ass: Amer- ass: Insolvency ¶ ¶ W W est- est- on 17 ¶ also MajorEvents. Cornell LawRe ta 2002. (http://writ.news.findlaw.com/commen- 1349 (2001). 1349 (2001). ACTIVITIES ACTIVITIES L (with 51 DukeLaw Journal75(2001) ACTIVITIES also MajorEvents. a Faculty ClerkshipAdvisor. of Texas as atAustin”forhisservice at The University of careerservices recognition ofoutstanding support the Texas CampusCareerCouncil “in R PUBLICATIONS ry explore subversivemomentsinthehisto- November 22–23. The conferencewill F ning From the History/Constructing feminism, “Subversive Legacies: Lear- major interdisciplinaryconferenceon F Convention: WillThe European UnionEmbrace Levinson). Re 29 FloridaState UniversityLaw Issues intheWake ofFlorida2000”], “T Double Standard of Judicial Review, Judicial of Standard Double Twelfth Amendment? Amendment? Twelfth Federalism, Federalism, ederalism?” uture,” tobeheldat theLaw S ynn Baker). obert Murff ExcellenceAward Murff obert by ry

he LawofPresidential Elections: of thestruggleforgenderequality. view 925 (2001) (withSanford view 925(2001) ERNEST /20020228 young.html). /20020228 young.html). ZIPPORAH W WISEMAN Wiseman isaleadorganizer fora S PA ee MajorEvents. Y ¶ FindLaw’s Writ, Writ, FindLaw’s oung was awarded the 46 Villanova Law Review T OOLLEY “Europe's Constitutional wo Cheers for Process for Cheers wo view 1078 (2002). ¶ ¶ TRICK

Who's Afraid of the of Afraid Who's ZIPPORAH WISEMAN Federalism and the and Federalism F Constructing the History/ Learning From Legacies: held ty, on genderequali- major conference coordinate a Wiseman will Zipporah 22 &23. uture,” tobe Y “Subversive OUNG November [Symposium: F ebruary 28, ebruary ¶ ¶ chool See See FOR American Law Libraries’ Recruitment to Law Librarianship Committee for two years. She THE TARLTON LAW SCHOOL begins her term on July 25 at the American LAW LIBRARY’S H RECORD THE STAFF AND Assoc. of Law Librarians annual meeting. CONSTITUTIONS LIBRARY DIGITIZATION A CTIVITIES JUNE LIEBERT PROJECT ACTIVITIES Liebert presented a workshop, “Using the Internet in Your Practice,” at the The Tarlton Law Library’s Constitutions SUSANA ALEMÁN Law School’s 2002 Reunion on April 13. Digitization Project received the 2002 ACTIVITIES Alemán has been appointed to American Association of Law Libraries’ law serve a one-year term on the Council of The T OBE LIEBERT library publications nonprint award. Library Texas Exes as chair of the Hispanic Alumni PUBLICATIONS 43 Index to Periodical Articles deputy director Marcia Koslov accepted Advisory Committee, beginning July 1. Related to Law (Fall 2001) (with Donald J. the award at an association luncheon on July Dunn and Roy M. Mersky). ¶ 44 Index to 22 in Orlando. JULIE GARBUS Periodical Articles Related to Law (Winter The Texas Constitutions Project at PUBLICATIONS Service-Learning 1902, 2002) (with Donald J. Dunn and Roy M. http://www.law.utexas.edu/constitutions/ has College English 64, no. 2 (May 2002): Mersky). ¶ Publishing, Law, in The Oxford put online digital versions of all the Texas con- 547–65. Companion to American Law, ed. Kermit L. stitutions published between 1824 and 1876, Hall, 679 (New York: Oxford University together with explanatory text and images. SUZANNE Press, 2002) (with Roy M. Mersky). The project was made possible by a HASSLER $20,000 grant from the Texas State Library PUBLICATIONS Little City, Echo Literary KUMAR PERCY and Archives Commission. Journal, University of Texas at Austin 30 PUBLICATIONS “Professional Publications: The Texas Constitutions Digitization (Spring 2002). ¶ Advocation (with composer Learning About the Literature of the Project was carried out under the direction of

MARK S. RUTKOWSKI Roy M. Mersky, Harry M. Reasoner Hassler coor- Regents Chair in Law and director of the Jamail dinated the Center for Legal Research. Contributing to the ten-day “From project were current library staff members Text to Perfor- Rick Garza, Brian Quigley, and Mike mance” con- Widener, as well as former staff members ference, inclu- June Liebert (director of Internet Initiatives ding publicity, at the Law School), Stephanie Towrey, logistics, and Jill Duffy, and Keith Stiverson. Sally appearances Emrick of Internet Iniatives also worked on by more than the project. 50 speakers and panelists. GUILLERMO FLORIS MARGADANT, 1924-2002 SUZANNE HASSLER

Leslie Adams), (Cleveland, OH: Art Source, Profession,” ALL-SIS Newsletter (Spring In March, Dean Bill Powers sent a mes- Summer 2001). 2002): 6 (with Ted Potter and Miriam Murphy). sage to the National Autonomous ACTIVITIES Coordinator, National Sym- University of Mexico expressing the UT posium, “From Text to Performance: Law & JONATHAN Law faculty’s condolences on the death of Other Performing Arts,” Feb. 28 - March 9, PRATTER their colleague Guillermo Floris Margadant. 2002, The University of Texas, Austin cam- ACTIVITIES Pratter is the recipient of the Carl Powers wrote: “His contributions greatly pus. ¶ Presenter, Annual B. Iden Payne H. Fulda Award for 2001–2002 from the Texas enriched not only the cultural links Theatre Industry Awards Ceremony for the International Law Journal, in recognition of “his between the two nations, but also the lives City of Austin, Sept. 24, 2001. Nominating contribution to the scholarship of international of the students and professors of the Committee, City of Austin, B. Iden Payne law” through his assistance to the journal. ¶ At School of Law during the last two decades. Awards 2001-02. the April 19 annual meeting of the . . . Dr. Margadant’s service transformed Southwestern Association of Law Libraries in our school by introducing us to the rich- MARLE HOEPKEN Fort Worth, Pratter was a panelist for the ses- ness of Mexican jurisprudence.” ACTIVITIESHoepken is the 2002 recipient of the sion “Acquisition of International and Foreign UT VISITING PROFESSOR OF LAW, 1983-1997 Faculty Service Award, which is given by a vote of Legal Materials.” PROFESOR EMÉRITO, FACULTAD DE DERECHO, the faculty and recognizes service to the Law UNIVERSIDAD NACIONAL AUTÓNOMA DE MÉXICO School. She was recognized for her service on BETH Y OUNGDALE May 18 at the Law School’s Sunflower Ceremony. ACTIVITIES At the April 19 annual meeting of LAW SCHOOL NEWS courtesy of the Southwestern Association of Law Libraries Michael Widener. For the most recent Law HOLLY LAKATOS in Fort Worth, Youngdale chaired her last meet- School Faculty news, please go online to ACTIVITIES Lakatos was appointed to the ing as president of the association. www.law.utexas.edu/lsn/.

Summer 2002 UTLAW 31 Righ

Big thoughts under the big sky: Sandy Levinson (left) and Lawrence Sager are two of UT's nationally eminent constitutional theorists. BY JOHN RATLIFF hts PHOTOGRAPHS BY WYATT MCSPADDEN ReasonWHY UT’S CONSTITUTIONAL LAW FACULTY IS ONE OF THE BEST IN THE NATION

NE OF THE BEST CONSTITUTIONAL LAW faculties in the country just became Constitutional Theory &immeasurably better. This past spring, Dean Bill Powers announced that Texas PROFESSORS SANFORD “SANDY” LEVINSON AND had lured Lawrence Sager away from his Philip Bobbitt, though differing in their position as the Robert B. McKay approaches, are two highly influential modern Professor of Law at New York University, constitutional theorists. With the addition of where he was co-founder of the Program Sager, UT has achieved a critical mass of intel- inO Law, Philosophy, and Social Theory. “Larry is lectual capital in the field. one of the leading constitutional law scholars in Sager’s roaming intellect and philosophical- the country, and he will burnish our already lead- ly rigorous approach to constitutional law ing group of faculty in that area,” Powers said. helped elevate New York University to the top Sager’s addition to a constitutional law fac- echelon of law schools during his three ulty already considered by many to be the best decades of teaching there. His work spans in the nation invests UT's claim to the title many aspects of constitutional theory. with fresh authority. And it once again draws He is famous for having mined a simple national attention to the unparalleled depth insight, namely, that “the Courts neither and breadth of the school's faculty. do nor should fully enforce the Constitution, This strength results from Texas’ commit- and other governmental actors, like ments to constitutional law, collegiality, and ide- Congress, have a pivotal role to play in our ological diversity. Sager echoed this point. constitutional life.” “Early on, I was asked to give a talk to the facul- But Sager does not propose a shrinking ty about some aspect of my current work. As I violet for a constitutional judge. He argues considered the various topics I might address, I for“justice-seeking constitutionalism,” realized that whatever I chose, someone on the which insists, among other things, that faculty would have done substantial work in that “judges sometimes have to bring their own area. I also realized that the local guru on that studied value judgments to bear in the topic and I probably disagreed seriously.” course of applying the lofty abstractions of A look at the leading faculty in several dis- the Constitution to ground.” This theory, in ciplines—constitutional theory, constitutional turn, has taken Sager to questions as far history, free speech, religious liberty, and fed- afield as the amendment process and the eralism— shows exactly how strong UT Law is, idea that there may be a “distinct domain of and why its reputation shines so bright. constitutional justice.”

Summer 2002 UTLAW 33 Freedom of speech, press & religion: Scot Powe (left), David Anderson, David Rabban (seated), and Douglas Laycock are experts on the practice and history of the First Amendment. In recent years, Sager has written extensively in jurisdiction, he's a tourist. The Constitution the areas of religious liberty and the constitutional empowers lawyers, and a lot of lawyers don't status of military tribunals, collaborating with his appreciate this. . . . I can point to societies that longtime coauthor, Christopher Eisgruber of have xeroxed our codes and statutes but whose Princeton University. systems are untenable owing to their constitu- Sandy Levinson developed some of his ideas tions.” Striking a more lyrical note, Bobbitt in a 1988 book titled Constitutional Faith. He invokes the poet William Carlos Williams to sug- suggests that every person has both the right gest that theory, like poetry, is a necessity rather and the duty to interpret the Constitution for than a luxury: “It is difficult / to get the news himself. Levinson contrasts this view with a from poems / but men die miserably every day / “catholic emphasis on the Vatican-like authori- for lack / of what is found there.” ty of the Supreme Court.” He has argued before the Court (Princeton v. Schmid) and has written on almost every aspect of constitution- Constitutional History al law, including some that have traditionally been given short shrift by academics—most & Free Speech notably the Second Amendment. A self- described “card-carrying member of the THE VAGARIES OF WASHINGTON POLITICS ARE American Civil Liberties Union,” Levinson central to the work of Professor L. A. “Scot” challenged his fellow scholars in a widely cited Powe, whose assessment of the Supreme Yale Law Journal article to seriously consider the Court as an essentially political entity took arguments for a constitutional right to gun on new meaning in the wake of Bush v. ownership. His flouting of liberal dogma pro- Gore—a ruling that Powe says he found duced a predictably lively response. unsurprising. Powe's book The Warren Court In addition to his prolific scholarship, and American Politics (“the most important Levinson initiated a critically acclaimed thing I'm likely to do”) takes a historical national symposium, “From Text to Perf- approach to the effect of politics on the ormance: Law and Other Performing Arts” Warren Court, and vice versa. The History (see story on page 10). He is now working on Book Club touted the significance of his an upcoming symposium on the Louisiana book, calling it “a landmark, likely to be the Purchase, which he describes as “the most baseline against which all future scholarship important constitutional event in the 60 or on the Court will be measured.” 70 years after the Constitution's adoption.” Powe's prominence as a constitutional schol- And with his wife, Cynthia Levinson, he has ar is actually twice won: In 1987, he published built the impressive collection of American American Broadcasting and the First Amendment, a flag art that is on display at the Law School’s book that suggested that broadcasting was not a Connally Center. special case but instead could be incorporated Pursuing a similarly wide range of interests— into existing First Amendment protections. The though in markedly different directions—is book became standard reading in its field, win- Levinson's colleague Philip Bobbitt. Known to ning the 1988 ABA Silver Gavel award and legal scholars as the author of Constitutional securing its author's reputation as a First Interpretation, he defined a number of “modal- Amendment scholar. ities,” or approaches to constitutional interpreta- For the last decade, though, Powe has tion. Yet Bobbitt is also an expert on the history turned his attentions to the influence of pol- of European warfare, and he has carved out a itics on the Supreme Court. He shrugs off his parallel career as an advisor to Presidents Jimmy considerable reputation in two different Carter, George H. W. Bush, and Bill Clinton, serv- areas of the law and takes pains to make it ing as director of intelligence on Clinton's clear that no scholar is ever in sole posses- National Security Council (see page 50). sion of the truth. “We're not typing in stone Despite—or perhaps because of—his frequent here,” he says. grounding in the sticky realities of Washington The historians are a nationally well-respect- politics, Bobbitt is quick to defend the relevance ed group that includes William Forbath, a his- of constitutional theory. “A lot of people who torian and labor lawyer, and David Rabban, a denigrate constitutional law are the beneficiaries free-speech historian whose work has won of a system you don't need to understand to ben- numerous awards, among them honors from efit from,” he says. “A physician or mathematician the Journal of the History of Ideas and the can transfer his skills. But when a lawyer leaves his American Library Association. Rabban’s influ-

Summer 2002 UTLAW 35 ential book Free Speech in Its Forgotten “The Supreme Court has wisely currently involved in a suit against the Years examines public discourse on avoided giving special protection to city of Boca Raton, Florida. The city free-speech issues during the late nine- the press, and instead has applied the wants to remove religious imagery in teenth and early twentieth centuries. same standards to private speakers,” a city cemetery and replace the cross- Most people assumed that the signifi- he says. “But for purposes of accredi- es, statues, and Jewish grave coverings cant judicial discussion of free speech tation, you have to be able to desig- with horizontal plaques. City officials began with the Holmes decisions nate members of the press. If one day claim the plaques make maintenance immediately after World War I, but you're writing for the Washington Post easier. Laycock opposes the city’s Rabban's research unearthed an and the next day you're putting up a efforts, stating, “We regulate for all entire tradition of legal and popular Web site all by yourself, are you still a kinds of reasons, mostly from a secu- commentary on free speech prior to member of the press? You could well lar perspective. But government can't that time. argue that you're doing the exact obstruct religious practice without Like Powe, Rabban prefers to tack- same thing.” good reason.” le topics from a historical distance. UT scholars outside of the consti- Laycock believes the single biggest He is leery of using the past to make tutional law area are also making problem facing fledgling churches is points about the present, or exercis- important contributions to the under- zoning and land-use regulation. So ing what he terms a “presentist” agen- standing of the First Amendment. Neil when historic preservation laws pre- da. “My historical background leads Netanel, one of the nation’s leading vented a Boerne, Texas, church from me to be wary of analogies with what's intellectual property professors, and expanding its sanctuary, Laycock happened in the past,” he says. “I Stuart Benjamin, who co-authored argued that the laws violated the RFRA. believe that, being an historian, one the leading telecommunications case- The case went to the U.S. Supreme is alert to the limits of analogies, and book, have both recently written Court, which held that Congress had more cautious about them.” about the impact of the First exceeded its powers in enacting parts Nevertheless, he was struck by the Amendment within their regulated of the RFRA. similarities in free-speech regulation fields. For example, in an article pub- But he will not uniformly defend before World War I and today, so he lished in the Stanford Law Review, churches. He opposed before-game wrote an afterword to his book. He Netanel argued that speakers should prayers at football games in Texas. observed that pre–WWI decisions sometimes have a First Amendment “I'm not pro-church, and I'm not anti- argued that speech could be regulated right to borrow from copyrighted church,” he states. “I'm pro-liberty. I because of its negative impact on the works. Among other examples, he want government to interfere as little public morality or welfare. Some schol- cited a recent attempt by the as possible with people’s choices and ars today seek to justify the regulation Margaret Mitchell estate to use copy- commitments about religion.” of speech by making similar claims. right law to squelch an African By taking stands based on his con- Rabban found that many people American author’s unlicensed sequel stitutional philosophy rather than sid- focused on that analogy, which was to Gone with the Wind, told from the ing with one faction or another every something he had not intended. “The viewpoint of a slave. Levinson com- time, Laycock feels that he has estab- point was to write a history.” mented, “This is one of the hottest lished himself as an honest broker. “I Rabban's attention to free-speech areas in law right now, and Neil think because they've seen me take issues and Powe's early interest in stands at the forefront.” their position at least some of the broadcast media and the First time, both sides realize that I don't Amendment are shared by their col- have an ax to grind.” league David Anderson, who special- Religious Freedom Not having an ax to grind would izes in freedom of the press. Though seem to be one of the primary qualifi- Anderson is quick to note that what he DOUGLAS LAYCOCK IS WIDELY RECOG- cations for another task currently con- does is not traditionally considered NIZED as one of the nation's two top fronting Laycock, that of clearly defin- constitutional law per se—”Press free- scholars on the subject of religious ing what free speech means on the dom is really just a small corner of the liberty and is one of the authors of UT–Austin campus. He sees rewriting First Amendment”—his work touches the Religious Freedom Restoration the rules as more of a logistical chal- on many of the same topics addressed Act (RFRA) and of other state and lenge than an ideological balancing act. by constitutional historians. federal legislation on religious liber- “Rules written in good faith over the Recent developments in his field ty. (He is also the country's leading years can get disorganized and confus- include lawsuits engendered by “real- authority on the law of remedies.) ing,” he says. “The existing rules aren’t ity-based” television and how An outstanding advocate, Laycock aimed at suppressing the substance of Internet journalism has complicated has filed briefs in most religious lib- unpopular opinions; they're more the already thorny problem of decid- erty cases in the U.S. Supreme Court about traffic control, and allowing the ing who, exactly, should be consid- over the last decade and has orally campus to function. Protests can't inter- ered members of the press. argued twice before the Court. He is fere with students getting to class.”

36 UTLAW Summer 2002 While Laycock labors to establish Sandy Levinson. “states' rights” has been unfortunately, rules for collegiality among student “For better or worse, constitutional if understandably, tainted by the lega- protesters, Lynn A. Baker applauds law has been the most theoretically cy of the Civil War and the slavehold- the collegial atmosphere at UT, which rich, intellectually contentious area of ers who were once its loudest propo- allows students to reap “an enormous the law,” Levinson says. Yet the UT nents. Because of that history, liberals benefit” from the diverse range of culture overcomes the tendency to have traditionally thought of federal opinions represented by the Law contentiousness. Sager cited UT's power as preferable to that of the School faculty. Baker’s reevaluation of “generosity of spirit” as one of its most states, Baker says, but she sees federal- federalism and states' rights, includ- attractive features, and by way of con- ism as ideologically neutral. She cites ing the important role of the spend- trast Levinson recounts the “almost gay marriage as an example of states' ing power, has brought her national pathological but certainly dysfunc- rights being invoked to further a lib- attention, but it is a position on which tional” atmosphere of another promi- eral agenda. “The idea behind feder- opinions are divided. nent law school at which he was a vis- alism is that it can allow great diversi- “This is one of the few faculties in iting professor. ty to flourish within the realm of what the country where the entire range of At UT, office doors are typically left is otherwise constitutionally permit- views is represented,” she says. “It's open and faculty members exchange ted. Thirty-two flavors in the ice cream a signal virtue of our institution. views freely. “We schmooze,” says store are often better than three. It Professors routinely bring in Law Levinson. “It humanizes people in ought to make more people happier.” School colleagues with opposing views aspects separate from their views.” Louise Weinberg’s work may at first to lecture in their classes.” Indeed, even in the wake of Bush v. blush seem in sharp contrast with Baker is quick to note that it's not Gore—about which, Doug Laycock con- Baker’s. Weinberg is the author of only the students who benefit from cedes, “we were just as divided as the Federal Courts: Cases and Comments on the exchange of ideas: “I can get very rest of the country”—Levinson collab- Judicial Federalism and Judicial Power careful and generous yet piercing crit- orated with his colleague and ideologi- (1994), developing a theory of feder- icism from people who I know in cal mismatch Ernest Young on an arti- alism that uses an interest-analytic advance are not likely to agree with cle about the Twelfth Amendment and approach. Edward Purcell, Jr., the me. We can argue out ideas with one its relationship to various Election noted legal historian, has recently sin- another in a very collegial way.” 2000 controversies. Neither man shed gled out Weinberg as one of the most Ideology on the faculty runs the tears nor blood in the process. influential scholars of federal com- gamut from the conservative views of mon law in the twentieth century. Lino Graglia to those of Richard States & Nation Weinberg's appreciation of national Markovits, a constitutional theoreti- power, and of the limits of state power, cian and economist critical of the law BAKER'S ENTHUSIASM FOR A BUSTLING led her recently to criticize Oliver and economics movement, to the marketplace of ideas also informs her Wendell Holmes, surprisingly, as a “fail- wide-ranging, more liberal views of work on federalism. She holds that ure”—precisely because Holmes' life- RICK PATRICK GRANT- GUERRERO WYATT MCSPADDEN

Left: William Forbath’s recent research on constitutional welfare rights built on his work as one of the top American labor law historians. Center: Patrick Woolley, teaches civil procedure and a class on race and the Constitution. Right: Lino Graglia has taught constitutional law and antitrust at the Law School for 36 years.

Summer 2002 UTLAW 37 long involvement with state law in state court From an institutional viewpoint, though, one made him unfit, Weinberg argues, for dealing of Young's finest moments may have been as the with great national problems. author of the lead article on state sovereign But her perspectives on national power have immunity in the 1999 Supreme Court Review, edit- been increasingly tempered by a concern for ed by the University of Chicago faculty. The edi- individual rights. Weinberg points out that tion was bound in burnt orange and dedicated national power is not reliably more progressive to legendary UT professor Charles Alan Wright. than state power. Before the Civil War the nation’s policy was to appease slave states. The only protections a runaway slave could find Building To Strength would have been those afforded by northern states. In recent work Weinberg has criticized WHEN WRIGHT PASSED AWAY IN 2000, HIS cases in which a state's attempt to deal with a seri- achievements and legacy were widely—and ous problem is preempted by federal law, like rightly—celebrated. The casual reader of the case striking down Massachusetts' sanctions his eulogies could be forgiven for wondering against Myanmar for human rights abuses. whether his passing would irretrievably dimin- Baker and Weinberg are joined by impor- ish UT's standing in Wright’s fields of federal tant scholars on both sides of the debate, jurisdiction and constitutional law. In the years including Ernest Young, Mitchell Berman, and since, it has become obvious that the prestige Lino Graglia. They have explored various and stature of the Law School spring from no aspects of the relationship between federal and one individual, but rather from the unique col- state governments, and how court decisions lection of first-rate talent assembled here. affect that relationship. The unparalleled strength of the school's Lino Graglia has been on the faculty for 36 constitutional law faculty offers eloquent tes- years. He is a staunch conservative who has timony to this fact. The work of the faculty written extensively on the Supreme Court’s described in these specific areas is comple- role in American policymaking. While noted mented by the work of others that also influ- for his hotly debated views on race, he says that ences the field. For example, Gerald Torres his work focuses on a central point: “The and Patrick Woolley wrangle with the issue of Supreme Court should not strike something race and the constitution in addition to their down as unconstitutional unless it clearly is, other fields of property and civil procedure, and most things are not. The judgment of elect- respectively. H. W. Perry’s famous book, ed representatives should prevail in cases of Deciding to Decide, about the U.S. Supreme doubt. I want elected officials to make policy Court certiorari decisions, is virtually manda- decisions and not unelected judges.” tory reading for Supreme Court clerks. John Surprisingly, some of his most recent work on Robertson researches the implications of clo- the commerce clause finds support from his more ning and reproductive rights. Jordan liberal colleagues, who disagree with him on much Steiker works extensively on death-penalty else. “Liberals like my work on the commerce issues; UT’s criminal procedure professors clause because I argue that the scope of federal grapple with constitutional issues; and Sarah legislative authority is usually a policy question, Cleveland helps students understand foreign which like other policy questions, should be decid- affairs and the Constitution. As well, the work ed democratically, not by the Supreme Court, and of tax professor Calvin Johnson has helped that it is a false hope of conservatives that the illuminate just how important direct tax Supreme Court can or will limit federal power.” issues were to the country’s founding. The faculty’s work in federalism has surprisingly Such a diverse and grounded faculty creates far-reaching applications. Young's work, for example, one of the best places to learn the field in the has encompassed the study of federal maritime juris- United States. As Sandy Levinson observed, diction, intellectual property regulation (with “UT has more than its share of constitutional Berman and Tony Reese), and the emerging feder- law stars; but our really remarkable feature is alism of the European Union. our depth. There is no school that begins to “Many Europeans think of ‘federalism’ as the compare in bench strength with Texas.” ‘F-word.’ But the constitutional convention now under way in Brussels is working through many John Ratliff is a freelance writer living in Austin. of the same issues that perplexed our Founding Allegra Young contributed. For more information about Fathers,” commented Young. specific professors, go online to utexas.edu/law.

38 UTLAW Summer 2002 Federalism: Professors Louise Weinberg (left), Ernest Young, and Lynn Baker are leading voices on the balance between federal and state governments. BY MICHAEL W. “MIKE” PERRIN,’71 PHOTOGRAPHS BY MARK S. RUTKOWSKI Reunion

2002CELEBRATIONS

40 UTLAW Summer 2002 eunion 2002 was a success, with almost 300 crowd, as well as national television coverage by C- alumni gathering on April 13 for a barbecue SPAN and interest from the New York Times. lunch and live music on the lawn of the Law Reunion also served as a festive occasion for the School. Later the group enjoyed an evening dedication of the UT Law School’s Morris Atlas gala at the University of Texas Club. Seminar Room, named for Morris Atlas, ’51, of The Alumni Association kicked off this year’s McAllen, Texas. Atlas, who is a past president of the reunion weekend with an “early start” recep- Law School Foundation Board of Trustees, attend- tion on April 12 in the Jamail Pavilion. The ed the celebration, along with his wife and chil- nextR day in the same space local vendors exhibited dren, Dean Bill Powers, various faculty, friends, products and demonstrated services, including a and alumni. golf pro who analyzed the alumni’s golf swings. Alumni celebrations concluded with a gala Among the programs available to the alumni was reception and cocktail buffet at the University of “The Psychology of Career Change,” which was pre- Texas Club, Darrell K. Royal-Texas Memorial Stadium, sented by members of the Non-Practicing Alumni with revelers dividing their time between a com- Advisory Council and provided practical advice on mon concourse area and individual suites desig- transitioning from the practice of law to other careers. nated for this year’s honored classes (those ending A reunion highlight included a presentation by in graduation years “2” and “7”). Each suite had a the Honorable Royce Lamberth, ’67, U.S. district brilliant view of the UT Tower and the Austin sky- judge for the District of Columbia and the presiding line and was decorated with news, photos, and judge of the Foreign Intelligence Surveillance Court memorabilia from members of that class. The gala in Washington, D.C. Lamberth’s topic, “The Role of provided a chance for all to renew old friendships the Judiciary in the War on Terrorism,” drew a and make new ones.

Summer 2002 UTLAW 41 BY DEL WILLIAMS,’85 The PHOTOGRAPHS BY JOEL SALCIDO Sunflower Ceremony CELEBRATIONS

42 UTLAW Summer 2002 CENTURY AGO, THE DEAN OF THE SCHOOL OF plishments. He was followed by guest speaker Law, Judge John C. Townes, wrote: “For the Robert A. Estrada, ’83, University of Texas regent first time in several years the department and chairman and chief executive officer of Estrada, took part in Class Day at Commencement. Hinojosa, and Company. Estrada encouraged grad- ...We still decline to don the cap and gown, uates to honor the law by doing right and to and appear on Commencement Day in our “remember to take your responsibilities seriously, modest sunflower.” The sunflower tradition but not yourselves.” began in defiance of an edict from the fac- The ceremony concluded with the pinning of the ultyA and senior class of 1900 that all graduates wear sunflowers on the graduates. As each one walked cap and gown to commencement. Law students, across the stage, the assistant dean of student affairs who were inadvertently left out of commencement read aloud a brief tribute from the graduate student discussions, chose instead to wear white suits and sun- giving thanks to those who provided inspiration and flowers, the latter because as the sunflower turns to support, from parents and professors to spouses and the sun, the lawyer turns to the light of justice. friends. After a reception at the Law School sponsored This year’s Sunflower Ceremony was held on by the Alumni Association, many graduates Saturday, May 18, at the Frank C. Erwin, Jr. Special participated in a university-wide commencement cer- Events Center. Conrad Adams,’02, permanent class emony at the University’s main mall. As their president, welcomed the 444 J.D. and 15 LL.M. predecessors have done for at least a hundred recipients, congratulating them on their accom- years, they appeared with “our modest sunflower.”

PHOTOGRAPHS BY MARK S. RUTKOWSKI Summer 2002 UTLAW 43 SPECIAL SURVEY FOR NON-PRACTITIONERS

Are you a UT Law grad not practicing law?

Then the Law School’s Non-Practicing Alumni Advisory Council (NPAAC) wants to hear from you!

This form is available online at http://www.utexas.edu/law/alumni.

Thank you for taking the time to complete this brief questionnaire.

1. Do you actively practice law at all? Yes __ No __ 2. If not, what is your career/profession at this time? ______3. In the context of the Law School and the legal profession, what are your areas of interest or concern? ______4. Do you remain active with a State Bar? Yes __ No __ 5. Do you maintain CLE hours? Yes ___ No __

Dean Bill Powers established the NPAAC in 2001 to engage non-practicing alumni in the life of the School. Chaired by Lorne Bain, ’69, the NPAAC provides a forum for more than 60 members from alumni around the country to meet periodically and to advise the Dean on diverse areas of curriculum, career services, continuing legal education, and alumni relations. If you are interested in becoming a member please contact Fran Chapman, Director of External Relations at UT Law. Please send responses via e-mail or fax to: Fran Chapman, Director of External Relations The University of Texas School of Law 727 E. Dean Keeton Street Austin, Texas 78705 Phone: (512) 232-9394 Fax: (512) 471-6987 E-mail: [email protected] TOWNES HALL NOTES

BENJAMIN FRANKLIN (1706-1790), AMERICAN STATESMAN, DIPLOMAT, PHILOSOPHER, SCIENTIST, BUSINESSMAN, INVENTOR, AND WRITER. “GENIUS WITH- OUT EDUCATION IS LIKE SILVER IN THE MINE.” COURTESY OF MICHAEL HORN, NOTEWORTHY CURATOR, AND 46James A. Baker III, ’57 THE ELTON M. Philip Bobbitt HYDER, JR. Sarah Cleveland COLLECTION. Jane Cohen Sylvia A. de Leon, ’76 Karen Engle John Fleming J. Patrick Hazel, ’71 Marcia Koslov Hon. Thomas G. Loeffler, ’71 J. Mark McLaughlin, ’54 Roy Mersky R. Anthony Reese John Robertson Patrick Rose, ’04 Lawrence Sager Martha E. Smiley, '72 Gerald Torres Ernest Young

CLASS 52 NOTES

IN MEMORIAM 61 WYATT MCSPADDEN

Summer 2002 UTLAW 45 WORTHY

NOTE Alumni Awards 2002 LAW ALUMNI ASSOCIATION AWARDS AND HONORARY ORDER OF THE COIF

N MARCH 20, THE UNIVERSITY OF TEXAS LAW Alumni Association honored four graduates at an awards dinner at the Headliners Club in Austin. The 2002 Distinguished Alumni Award recipients are J. Mark McLaughlin, ’54, Lifetime OAchievement; The Honorable Thomas G. Loeffler, ’71, Outstanding Alumnus; Martha E. Smiley, ’72, Distinguished Alumnus for Community Service; and Sylvia A. de Leon, ’76, Honorary Order of the Coif. “Mark, Martha, Tom, and Sylvia have worked tirelessly to help our great University and Law School,” said UT Law dean Bill Powers. “Martha and Tom have served as Regents. Mark has been a longtime member of our Law School Foundation. Sylvia has helped establish better alumni relations in Washington, D.C., and is currently serving on our long-range planning committee,” Powers continued. “I am deeply grateful to all of them for all they have done to help

The Community Service Award was presented to Martha E. Smiley.

make our Law School and University move ahead.” McLaughlin received the Lifetime Achievement Award in recognition of his distinguished legal career. He served in the U.S. Air Force as a judge advocate and as an assistant attorney general of Texas before entering private practice and ranching in San Angelo. He has been a trustee of the Law School Foundation since 1973, serving as its president from 1988 to 1993. He also served on the Texas Constitutional Revision Commission and the Texas Board of Corrections. McLaughlin's professional affilia- tions have included the State Bar of Texas, where he served as a vice president, and the Texas Bar Foundation, the American Bar Foundation, and the American College of Trust and Estate Counsel. Loeffler, a former U.S. representative and former vice chairman of the University of Texas Board of Regents, J. Mark McLaughlin received the Lifetime Achievement Award. received the Outstanding Alumnus Award for his contributions to the legal profession and society. Loeffler is a

46 UTLAW Summer2002 partner with Loeffler, Jonas & Tuggey L.L.P. in San CADE MARTIN Antonio, a firm that specializes in business litigation, government affairs, real estate, securities, and public finance. Previously, he was partner in the national law firm of Arter & Hadden, and chairman of its government affairs practice group in San Antonio. During the administration of President Ronald Reagan, Loeffler served as principal coordinator for Central America in the White House Office of Legislative Affairs. He has also served as an advisor to Presidents Gerald Ford and George H. W. Bush. Loeffler currently serves as a trustee of the Law School Foundation. Smiley, a former University of Texas Regent, was selected to receive the Distinguished Alumnus Award for Community Service, which honors a graduate who brings conspicuous credit to the legal profession by exemplary service. The award recognizes Smiley for her significant civic contributions. She is currently executive vice president of corporate policy and services at Grande Communications in Austin. Previously, Smiley was a principal in Triad, Inc., providing strategic business and regulatory advice to communications companies, and a partner in the Austin law firm of Bickerstaff, Heath & Smiley, L.L.P. She has also served as regional counsel at the Environmental Protection Agency, and chief of the

Sylvia A. de Leon was inducted into the Honorary Order of the Coif.

Taxation Division of the Office of the Attorney General of Texas. In addition, Smiley serves on the board of the Women’s Museum: An Institute for the Future, and is the immediate past chair of the Foundation Board of Trustees for SafePlace. Smiley is president of the Foundation for Women's Resources and chair of the KLRU board of directors. She also founded Grande’s Passion and Commitment Club, through which company employees can donate to nonprofit and community-based organizations. A partner of Akin, Gump, Strauss, Hauer & Feld in Washington, D.C., de Leon was awarded honorary membership in the Order of the Coif for her scholarly attain- ments and contributions to the legal profession. She is a founding member of her firm’s public law and policy practice group. De Leon has worked with federal, state, and local governments through a variety of appointments, client representations, and ad hoc projects. She has also served as an adjunct professor of law at the Georgetown University Law Center. Currently, de Leon serves on the University of Texas Development Board, the executive committee of the UT Law Alumni Association, and the Law School's long- range planning committee. The Alumni Award recipients are chosen by the Law Alumni Association Executive Committee, based on nomina- tions submitted by the alumni of the Law School. Honorary membership in the Order of the Coif is conferred by a vote Thomas Loeffler received the Outstanding Alumnus Award. of the law faculty.

Summer 2002 UTLAW 47 WORTHY

NOTE BRIEFS

Lawrence Sager In January, Marcia Koslov became the NYU’S LEADING CONSTITUTIONAL LAW deputy law librarian. She was previously

SCHOLAR JOINS FACULTY WYATT MCSPADDEN director of the Knowledge Management Office for the National Center for State

WYATT MCSPADDEN Courts in Marcia Koslov Williamsburg, Virginia. •Professor Sarah Cleveland has been named one of the 2001 Teachers of the Year by the Association of American Law Schools. •Professors R. Anthony Reese and Ernest Young received the Robert Murff Excellence Award in recognition of their outstanding support of career services. Reese and Young serve as RICK PATRICK judicial clerkship advisors at the Law School. They were the unani- mous choice of a Sager’s 30 years at NYU’s Law School helped propel it into the top ranks of law schools. campus-wide awards panel. R. Anthony Reese AWRENCE SAGER, WHOSE dozens of articles, many now classics •Adjunct law professor John many ideas and argu- in the canon of legal scholarship, Fleming lectured on ADR in Israel ments have shaped including "Fair Measure: The last January at the invitation of the modern scholarly con- Legal Status of Underenforced Israeli Ministry of Justice. versation about consti- Constitutional Norms" (Harvard •Patrick Rose, ’04, is the Democratic Ltutional practice in the United States, Law Review, 1978), "Foreword: nominee for state representative from joins the permanent faculty at UT Constitutional Limitations on Dripping Springs. Law this fall. A visiting professor at Congress' Authority to Regulate the the Law School this year, Sager has Jurisdiction of the Federal Courts" •Dean Bill Powers and Professor Roy been the Robert B. McKay Professor (Harvard Law Review, 1981), Mersky, director of research at the Tarl- of Law at New York University, where "Unpacking the Court" (Yale Law ton Law Library, he was co-founder of the Program in Journal, 1986), "The Incorrigible Jamail Center for Legal Research, were Law, Philosophy and Social Theory Constitution" (New York University RICK PATRICK (see cover story). Law Review, 1990), and "The One and named Life Fellows “The UT Law faculty is rich in the Many: Adjudication in Collegial of the American Bar people who are talented and deeply Courts" (California Law Review, 1993). Foundation, the pre- ambitious. . .ambitious in their own His forthcoming book, Justice in eminent research intellectual projects, ambitious on Plainclothes: A Theory of American center for the empiri- behalf of the work of their colleagues, Constitutional Practice (Yale University cal study of law, legal and ambitious for the success of the Press), provides a systematic account institutions, and legal school as a whole,” Sager said. of the central features of American Roy Mersky processes in society. He is the author or co-author of constitutionalism.

48 UTLAW Summer 2002 WYATT MCSPADDEN Karen Engle EXPERT IN INTERNATIONAL HUMAN RIGHTS AND FEMINISM JOINS UT LAW

School’s permanent faculty this fall. international human rights and femi- Engle’s research is concentrated in nist jurisprudence,” said Dean Bill two fields, international human rights Powers, noting that the most recent and employment discrimination law. survey of academics in the field of Much of her work in these areas international law, ranked UT 12th in examines how legal doctrine and dis- the nation. “In addition, Karen will be course imagine and respond to differ- a great colleague and teacher.” ent conceptions of race, gender, and “It’s an exciting time to join the culture. She is best known for her UT law faculty. There is a strong sense work on women’s human rights and of community and collegial interac- on the tensions between human tion. I am also delighted to be return- rights and culture. Engle is currently ing to Texas,” said Engle, who grew up Engle returns to Texas to teach at UT Law. working on a book-length project in San Antonio and clerked for Jerre titled “Culture Talk: The Functions of S. Williams of the U.S. Court of Culture in International Human Appeals for the Fifth Circuit in Austin. AREN L. ENGLE, WHO Rights Discourse.” Before joining the law faculty at the has taught law at the “I am extremely pleased that Karen University of Utah, Engle served as a University of Utah since Engle will be joining our faculty. She Ford Fellow in public international K 1992, joins the Law brings us real strength in the areas of law at Harvard. LAWRENCE SAGER Jane Cohen NATIONALLY PROMINENT SCHOLAR BOLSTERS INTERDISCIPLINARY STUDIES

HE LAW SCHOOL HAS bioethics, and in family law,” said Dean hired Jane Maslow Bill Powers. “She also brings an impor- Cohen, a specialist tant feminist and jurisprudential per- in family law, med- spective to her scholarship and teach- ical ethics, property, ing. On top of all of that, she is deeply Tand feminist theory. committed to making the Law School Jane M. Cohen’s work focuses on family Cohen, formerly a law professor at the best intellectual community it can law, feminist theory, and bioethics. Boston University, teaches a seminar be. Her decision to come to UT is a on the Human Genome Project, the great moment for us,” he said. books and in numerous law reviews. basic course on property, and a semi- Cohen practiced law for more than “The UT Law community gives real nar that relates feminist theory to law a decade before joining the faculty of meaning to the idea of an institutional and public policy. the Boston University School of Law in home,” Cohen said. “Here is all the “I couldn't be happier that Jane 1983, where she was a finalist from a warmth, engagement, talent, and ambi- Cohen will be joining our faculty per- pool of more than 6,000 teachers for tion that one could hope to find in a manently. She adds greatly to our the university’s teaching prize. place, and a generous and apt set of already strong presence in law and Her articles have appeared in two shared values, too.”

Summer2002 UTLAW 49 WORTHY NOTE RICK PATRICK New on the Shelf THE SHIELD OF ACHILLES AND THE MINER’S CANARY PRAISED FOR AMBITIOUS SCOPE AND SCHOLARSHIP

WO LEADING SCHOLARS AT THE Resisting Power, Transforming Democracy UT School of Law have (Harvard University Press, 2002) by Gerald written groundbreaking Torres and Lani T books in their fields. Guinier, a Harvard Philip Chase Bobbitt, a leading con- law professor, has stitutional theorist and expert on reaped praise as a national security law, wrote The Shield powerful and chal- John Robertson is one of the leading of Achilles: War, Peace, and the Course of lenging book since bioethics scholars in the United States. History (Knopf, May 2002). its February re- “The Shield of lease. A leading fig- Achilles is a tri- ure in critical race umph—grand theory, Torres was John in scale and a deputy assistant original in attorney general at concept, amaz- the Justice Department and counsel to for- Robertson ingly learned, mer U.S. attorney general Janet Reno. often provoca- In their book, Torres and Guinier BIOETHICS SCHOLAR tive, consistent- write that like the canaries that alerted ly absorbing,” miners to poison in the air, issues of RECEIVES GRANTS FOR said David race point to underlying problems in McCullough, author of John Adams. society that affect everyone, not just BOOK AND NIH PROJECT “This is a book about the future—the minorities. The authors argue that multiple worlds that lie before us at a ignoring racial differences has failed, turning point in history,” says Bobbitt, and they propose a theory of political ROFESSOR JOHN ROBERTSON, “The way to understand these futures race that calls for the building of grass received a semester depends on appreciating the dynamic of roots, cross-racial coalitions to tackle P research grant for the the last six centuries when revolutions in inequalities. fall semester 2002 to research a warfare and revolutions in government Publisher’s Weekly called the book “one of book on legal and other implica- came together.” the most provocative and challenging tions of successful sequencing of The Miner’s Canary: Enlisting Race, books on race produced in years.” the human genome. That project, titled “Conquering the Genome: The Challenges of Genetic Know- ledge,” will address the ethical, James Baker III,’57, legal, and social issues that arise out of genetic knowledge across a On April 24, James A. Baker range of affected areas. III, ’57, received the 2002 Robertson, a nationally recog- Wickersham Award from the nized scholar in his field, has also Friends of the Law Library of received a grant from the National Congress for exceptional public Institutes of Health for $150,000 service and dedication to the for two years (2002-2004) to study legal profession. Baker, a former issues of genetic control and selec- U.S. secretary of state, is a senior tion in advanced techniques of partner in Baker Botts and senior assisted reproduction. counselor to the Carlyle Group.

50 UTLAW Summer 2002 MILESTONES Several faculty members reached major milestones of teaching at the Law School recently. Professor David J. Patrick Hazel Anderson, ’71, celebrated his 30th anniversary this past spring. Professors WYATT MCSPADDEN Inga and Richard EMINENT TRIAL ADVOCACY PROFESSOR Markovits, who joined the faculty in RETIRES AFTER 27 YEARS 1976 along with Professor Philip Chase Bobbitt, celebrated their silver anniversaries. This fall is Professor John Sutton’s 45th anniversary. It will be the 25th anniver- Richard Markovits sary for Dean Bill Powers and Associate Dean Steven Goode; both have taught here since September 1977. Adjunct professor Ken Houp will also celebrate 25 years. Professor Corwin Johnson, who is retired but continues to teach one semester each year, has been at the Law School WYATT MCSPADDEN since September 1947, bringing his total years at UT Law to 55! Other faculty who have taught here longer than 25 years include Professors Inga Markovits Stanley Johanson (39),Ernest Smith J. Patrick Hazel established one of the top trial advocacy programs in the United States. (39), Robert Hamilton (38), Roy Mersky (37), Russell Weintraub (37), Lino Graglia (36), Robert Dawson (34), Patrick Hazel, ’71, the cacy program in the United States in Michael Sharlot (33), David Robertson father of the Law School’s 1991. As a testament to Hazel’s lega- (32), Jack Sampson (32), George Dix nationally recognized and cy, Professor Jack Sampson points (31), Scot Powe (31), Guy Wellborn J. award-winning trial advo- out that the John B. Connally (28), Michael Churgin (27), and Patrick cacy program, delivered his final Center is dedicated to advocacy at a Hazel (27). Adjunct professor Bill arguments as a full-time professor school where—prior to Hazel—no Allison also celebrates 27 years of this spring, retiring after 27 years such program existed. “He has a teaching at the Law School. Professor of teaching. great devotion to his task and a emeritus Leon Lebowitz, who retired in Hazel taught trial advocacy prin- great integrity in performing it,” 2000 from teaching, celebrates 47 ciples, as well as advanced civil liti- Sampson said. years at the Law School this fall. gation to more than 4,000 students Hazel will leave his full-time posi- over the past 27 years. He developed tion in August, but is scheduled to Reporting by Sarah Gainer, B.A.’01, a nationally respected program that teach Texas civil procedure on a half- Laura Castro Trognitz, ’97. won an award as the best trial advo- time basis in 2002-2003.

Summer 2002 UTLAW 51 C L A S S

SUMMER 2002 N O T E S

on extensive interviews with the sena- Please write to us about your latest Trial Skills for Public tor and his associates, to follow accomplishments and send photos to Interest Lawyers Irma Santana at the address below. Yarborough from his formative years in For additional information, contact On March 1, the Fellows of the American East Texas through his legal and judicial Laura Castro Trognitz, Communications College of Trial Lawyers presented a career in the 1930s, decorated military Strategy Manager, 512-232-1229, unique program titled "Trial Skills for service in World War II, unsuccessful [email protected]. Public Interest Lawyers" at the Law campaigns for Texas governor in the School’s Eidman Courtroom. The pro- 1950s, distinguished tenure in the U.S. Have questions about the overall gram, part of a 2002 Poverty Law Senate from 1957 to 1970, and return to development program of the Law School? Conference in Austin, consisted of legal practice through the 1980s. numerous presentations by UT Law grad- Yarborough died in 1996. Nancy Brazzil uates, including Terry O. Tottenham, Assistant Dean for Development ’70, who coordinated the event. Other and Alumni Relations alumni presenting their experience 1949 (512) 232-1129 to assist in educating public interest William B. Hilgers, chair- [email protected] lawyers were Broadus A. Spivey, ’62, man of Hilgers & Watkins, former president of the State Bar of Te- P.C., in Austin, has received Fran Chapman xas; Don Davis, ’65; David J. Beck, the 2002 American Inns of Director of External Relations (512) 232-9394 ’65, past president of the State Bar of Court Professionalism Award for the [email protected] Texas; Diana E. Marshall, ’73; James Fifth Circuit. On May 2, the Honorable B. Sales, ’60, past president of the State Bar Patrick E. Higginbotham of the U.S. Want to join or become more involved of Texas; and Thomas H. Watkins, ’64. Court of Appeals for the Fifth Circuit in the Law Alumni Association? presented the award to Hilgers at the Fifth Circuit Judicial Conference at the Tom Henninger, ’92 1927 Fairmont Hotel in Dallas. The award Director, Law Alumni Association Guy Louis Smith spent his career with honors a senior practicing judge or (512) 232-1156 Maryland Casualty Company, primarily lawyer whose life and practice display [email protected] out of Texas. He and his wife, Laura Ruth sterling character and unquestioned Irvin of Amarillo, retired to Kerrville in integrity, coupled with ongoing dedica- Katie Quigley 1971. Since then, they have done exten- tion to the highest standards of the Assistant Director, Law Alumni sive traveling, often by freighter. legal profession. Association (512) 471-6314 Ralph Yarborough is the subject of [email protected] Ralph W. Yarborough: The People's 1950 Want to update your contact information, Senator (UT Press, 2002), a recent biog- Morris Atlas and his son, Scott including e-mail and employer? raphy that offers the first in-depth look at Atlas, ’75, were honored with the Anti- his life and career. Defamation League’s Karen H. Susman The author, Patrick Jurisprudence Award in April in Suzette Molina Database Manager Cox, is a historian Houston for their outstanding civic (512) 232-1216 at the Center for activities. Morris is a managing partner [email protected] American History of the McAllen, Texas, law firm of Atlas at UT-Austin. He & Hall, L.L.P. Scott is a partner at Irma Santana draws on Yarbo- Vinson & Elkins, L.L.P., in Houston. Also Administrative Associate rough's personal see p. 41 for dedication of the Morris (512) 471-6150 and professional Atlas seminar room at the Law School [email protected] papers, as well as during Reunion 2002.

52 UTLAW Summer2002 C T. Alex Beall has completed a listing of promoting reforms in the law; facilitat- year term and also as mayor pro-tem of L all attorneys in Tyler, Texas and Smith ing the administration of justice; elevat- Saluda, North Carolina. A County from 1900 to 2000. This 100-year ing the standards of integrity, honor, and S summary with selected biographies was courtesy in the legal profession; and Tim Truman has joined S published in Chronicles, the magazine of cherishing the spirit of brotherhood Hill Gilstrap, Arlington’s the Smith County Historical Society. among members. largest law firm. Truman, N appointed a Hill Gilstrap O director, will manage the firm’s new T 1951 1964 office in North Richland Hills and E Jim Wilson became a Life Member of Irwin H. Steinhorn of Conner & serve as director of the bankruptcy S the American Law Institute (25 years as an Winters P.C. in Oklahoma City, Oklahoma, section. He will continue to serve as ALI member) at a meeting in Washington, will teach a course titled “Agency, Standing Chapter 13 Trustee for the D.C., in May. His daughter, Alex Wilson Partnership, and Limited Liability Northern District, Fort Worth Division. Albright, ’80, is a new member of the ALI Entities,” at the Oklahoma City University and also attended the meeting. School of Law during the 2002 fall semester. Steinhorn has served as an 1971 adjunct professor at OCU School of Law Chris G. Paliare, an LL.M. graduate, has 1957 since 1980 teaching courses in corpora- left Gowlings, one of Canada’s largest The Friends of the Law Library of tions, securities regulations, agency and national law firms, to form a litigation bou- Congress presented James A. Baker partnership, and environmental law. tique with 18 partners, located in Toronto, III the 2002 Wickersham Award for Ontario. The new firm is Paliare Roland exceptional public service and dedi- Rosenberg Rothstein, L.L.P. Paliare, a Fellow cation to the legal profession. Baker was 1965 of the American College of Trial Lawyers, secretary of state from January 1989 Austin attorney Don Davis was featured is chairman of the firm, which specializes in through August 1992 under President in Texas Lawyer on April 29 for his work corporate/commercial litigation, appeals, George Bush. He is presently a senior as a clay and bronze sculptor. Davis, a and administrative regulatory law. partner in the Houston law firm of Baker partner at Byrd, Davis, Eisenberg, Walter Botts, L.L.P., and is a senior counselor to & Furman, specializes in product liability the Carlyle Group, a merchant banking cases and is creating his second sculp- 1972 firm in Washington, D.C. Also see p. 50. ture for the Children’s Hospital of Austin. Melinda F. Harmon, a federal judge He has also sculpted life-size figures of in Houston, presided over the criminal famous golfers. trial of Arthur Andersen, as well as 1962 overseeing class-action lawsuits filed Former State Bar of Texas president by Enron shareholders. Broadus Spivey was sworn in as 1966 president of the International Academy Walter D. Hester, formerly with Scott, David T. Maddox has joined the law of Trial Lawyers at its annual meeting in Hulse Marshall, Feuill, Finger, Thurmond firm of Schmitt, Schneck, Smyth & Los Angeles on April 13. The academy in El Paso is now Of Counsel to the El Herrod, P.C., in Phoenix, Arizona. was founded in 1954 for the purpose of Paso firm of Ainsa Hutson, L.L.P. cultivating the science of jurisprudence; Thadieth E. Son, a criminal defense Lynn N. Hughes, U.S. district judge for attorney in Austin, married Carol the Southern District of Texas in Cunningham, ’71, in 1997. Houston, delivered an address at North- western University Law School in late 2001 titled "Contracts, Custom, and 1973 Courts in Cyberspace" at the Fourteenth Regina Rogoff, executive director of Annual Symposium on Intellectual Prop- Legal Aid of Central Texas, is the first erty Law and the Corporate Client. His recipient of a new award—named after talk will be published this summer by the her—presented by the Travis County Bar Northwestern University Law Review. He Association. She received the award on also spoke on the topic "Metaphysics of May 1 at the association’s Law Day Courses in Legal Writing" at the Legal luncheon. Serving as a lasting tribute Writing Institute’s meeting in New to Rogoff’s career achievements, the Orleans in January. Regina Rogoff Award will be given annually to a Travis County attorney who has demonstrated outstanding service in the 1967 public and nonprofit sector. Regina has Broadus Spivey, left, is President of the Johnnie Kinard has been reelected been with Legal Aid since 1973 and as International Academy of Trial Lawyers. as Saluda police commissioner for a four- its executive director for 19 years.

Summer2002 UTLAW 53 S Coif, was elected as the state delegate County. No Democrat is running. Susan

E 1975 from Texas to the American Bar Dolan Reed, ’74, is the incumbent.

T Ginny Smith Granade was nominated Association. Pena serves a three-year

O by President George W. Bush to be U.S. district term, which starts this year. Thomas M. Mengler has joined the

N judge for the Southern District of Alabama on University of St. Thomas in Minneapolis, September 4, 2001. She was confirmed on Minnesota, as dean of its School of Law. S February 4 and sworn in on February 20. Judge 1977 He previously worked at the University of S Granade previously practiced as an assistant was Illinois College of Law, where he served

A H.S. (Bert) Garcia

L U.S. attorney in Mobile, Alabama, for 25 years. sworn in on June 3 as the U.S. as dean since 1993 and as a faculty mem-

C attorney for the District of ber since 1985. Mengler’s research and Charles W. McCoy, a Los Angeles Puerto Rico. Previously, he was teaching interests are in the areas of superior court judge, was profiled in a the assistant U.S. attorney in charge in the civil procedure, federal jurisdiction, and March 29 Los Angeles Times article for U.S. Attorney's Office, Eastern District of complex litigation. writing Why Didn’t I Think of That? Think Texas, in Sherman. the Unthinkable James R. Young is assistant district and Achieve Cre- Paul Parsons has been appointed attorney with the Travis County District ative Greatness as chairman of the State Bar of Attorney’s Office. (Prentice Hall, 2002). Texas Committee on Laws Relating to The book contains Immigration and Nationality. He previously stories about Mc- served as Chairman of the Texas/ 1982 Coy’s experiences Oklahoma/New Mexico Chapter of the James W. Cannon, Jr., has joined on the bench and American Immigration Lawyers Association. Baker Botts, L.L.P., as a trial partner in its how they taught Austin office. Previously, Cannon was a him important les- Charles W. Schwartz, a partner in the Austin office of Gray Cary sons on critical thinking. McCoy is also partner in Vinson & Elkins, Ware & Freidenrich, where he practiced an adjunct professor at the Pepperdine L.L.P., in Houston, has been intellectual property litigation. School of Law. elected chair of the State Bar of Texas Board of Directors. He began his one-year term in June at the State Bar of 1983 1976 Texas annual meeting in Dallas. Schwartz Steven P. Nichols has In May, the National Legal Aid & Defender practices commercial litigation, specializ- been appointed associate Association recognized Fred Fuchs for his ing in securities and class actions. vice president for research at 25 years of service to low-income individuals the University of Texas at and his role as a leading advocate for justice Austin. He will oversee university-wide for the poor in the field of housing, commu- 1978 activities related to technology trans- nity development, and tenant rights. Fuchs Larry D. Carlson has been named a fer, protection of intellectual property, Fellow of the American College of Trial and commercialization. Lawyers. Carlson is a partner with the Dallas office of Baker Botts, L.L.P. 1984 Ray E. Green has been Susana Alemán has been appoint- named president of Argosy ed a member of the Women in the University/Dallas, Argosy Profession Committee of the State University’s newest campus, Bar of Texas for a three-year term. scheduled to open in September. As Alemán is assistant dean for student campus president, Green will oversee affairs at the UT School of Law. academic policies and procedures for Regina Rogoff, '73, congratulates Fuchs (right) Argosy University/Dallas, while providing William S. Osborn wrote a lead arti- on his national award for housing advocacy. leadership in the development of aca- cle in the January 2002 issue of Southwest received a cash award of $10,000 at a din- demic programs. Historical Quarterly, Curtains for Jim ner given by NLADA in Washington, D.C., on Crow: Law, Race, and the Texas Railroads. May 30. He is a lawyer with the Legal Aid Tom Secrest, a partner in the New York Society of Central Texas and teaches the firm of Fish & Neave, is listed in the current Housing Law Clinic at UT Law. edition of The Best Lawyers in America. 1985 On May 16, Stuart Smith stood on top of Richard Pena, former pres- Mt. Everest. See p.56. ident of the State Bar of Texas 1981 and 1999 recipient of UT Raymundo Aleman is the Libertarian On May 18, Del Williams of Dallas Law’s Honorary Order of the Partycandidate for district attorney of Bexar received a 2002 Outstanding Young Texas

54 UTLAW Summer2002 Ex Award, presented annually to individuals he began in November 2001. Solvay C L who are distinguished in their chosen Advanced Polymers is a global engineer- A careers and have demonstrated a continuing ing plastics company with four plants in 1990 S interest in the University and the Texas Exes. the United States, as well as additional Humberto Molina, Jr., is the regulato- S The awards were presented at the Alumni plants and laboratories around the world. ry affairs manager for Motiva Enterprises, Center by Texas Exes president John L.L.C., in Houston. N Fainter, ’63, and UT president Dr. Larry Sharon Reuler of Palmer, Allen & O Faulkner in conjunction with the UT spring McTaggert, L.L.P., in Dallas was appointed T commencement. Williams was recognized at chair of the Committee on Property Owners 1991 E the Sunflower Ceremony and at the general Associations of the State Bar of Texas Real Kelli Norris Carlton and her husband, S UT graduation ceremony. Williams, B.B.A. Estate, Probate, and Trust Law Section. John Carlton, ’91, are proud to announce ’83, is an attorney and CPA with Hillwood the birth of their second child, Michael and Perot Systems and a member of UT Bennett Carlton, on March 1. Law’s Alumni Association Executive 1988 Committee and the Texas Exes Scholarship In May, John Cohn, a member of Kirk T. Florence and his wife, Committee. See also Celebrations, p. 42. Thompson & Knight’s tax department in Elizabeth, are pleased to announce the Dallas, received the Housing birth of their second son, Samuel Patrick Rick Zucker is assistant general coun- Crisis Center’s Margaret Florence, on January 20. Kirk is a partner sel with Laclede Gas Company in St. Wagers Enduring Service in the Dallas office of Crouch & Inabnett, Louis, Missouri. Award for exemplifying "unde- L.L.P., practicing in the areas of commer- viating support for the prevention and cial and product liability litigation. elimination of homelessness." He also 1986 received a certificate of appreciation for On May 18, Machree Garrett Gibson, Laura A. Hajovsky, Jenice Meagher his eight years of service on the board of B.A. ’82, of Austin received a 2002 Cutler, and Henry Miles "Trey" Cutler the organization, where he served as Outstanding Young Texas Ex Award, pre- III, ’87,have launched the publishing president from 2000 to 2001. sented annually to individuals who are company Inner Avenue Media, which distinguished in their chosen career and released its first title in March: Diary of an Betty Owens, a Litigation Group partner have demonstrated a continuing interest Awakening: A Spiritual Journey of a in the Houston office of Vinson & Elkins, in the University and the Texas Exes. The Lifetime, by Jenice Meagher Cutler. L.L.P., will become the firm’s full-time direc- awards were presented at the Alumni tor of attorney development. Owens will Center by Texas Exes president John Gail Papermaster, a corporate attorney, work throughout the firm with its Associate Fainter, ‘63, and UT president Larry recently joined the firm of Bracewell & Development Committee to design and Faulkner in conjunction with the spring Patterson, L.L.P., as a partner in the Austin implement mentoring, training, and other commencement. She was recognized at office. With more than 15 years in the legal programs. Owens received the Faculty the UT Law Sunflower Ceremony and the profession, Papermaster has a broad range Service Award from UT Law last year for her general UT graduation ceremony. of corporate, transactional, and general busi- work on the 1996 Hopwood v. Texas case. ness experience representing a wide variety Lisa Marquis’s law firm, Easley & of Texas, national, and international clients. Marquis, opened new offices in Plano at 1989 the Legacy Bank Center. Easley & Karen Patton Seymour began her President George W. Bush appointed Marquis has six attorneys and an expand- new position as chief of the Criminal Micaela Alvarez to serve on the ing family law practice. Marquis is also Division in the U.S. Attorney’s Office, President’s Commission on Educational the new president of the Collin County S.D.N.Y., in February. She was formerly Excellence for Hispanic Americans. Bar Association. with Sullivan & Cromwell in New York. Alvarez is a partner with Hole & Alvarez, L.L.P., in McAllen. Vianei Lopez Robinson has been appointed as a minority member to the 1987 Arthur T. Catterall has accepted a two- State Bar of Texas Board of W. Stephen Benesh has been named year clerkship with the Honorable James Directors. Robinson, who managing partner at Bracewell & S. Halpern of the U.S. Tax Court in began a three-year term on the Patterson, L.L.P., in Austin. He has prac- Washington, D.C. Catterall recently board in June, is the prin- ticed with the firm for 14 years and special- earned an LL.M. in taxation at cipal and founder of the Robinson izes in business and technology litigation. Georgetown University. Law Firm in Abilene.

Paul Harding was named vice presi- J. Rolando Olvera, Jr., was appointed James M. Womack recently opened dent of Human Resources and by Texas governor Rick Perry as judge of his own law firm of three partners and Communications at Solvay the 357th State District Court in April one associate. Practice areas are Advanced Polymers, L.L.C., in 2001. The district includes Cameron employment, family, immigration, and Alpharetta, Georgia, a position County and Willacy County. criminal defense, both state and federal.

Summer 2002 UTLAW 55 THE MOUNTAIN STUART SMITH,’ 8 5,CLIMBS EVEREST On May 16, 2002, Stuart Smith, ’ 85, stood on top of Mt. Everest, the world's highest peak at 29,035 feet, where he unfurled the Texas flag. Smith climbed Mt. Everest on a non-guided basis, becoming one of 150 Americans who have reached the mountain’s summit. When not climbing mountains, he practices law with the Waco firm of Naman, Howell, Smith & Lee.

S was also named one of the best lawyers

E James McAnelly III has been elect- in Dallas under the age of 40 in the May

T 1992 ed partner at Bracewell & Patterson, 2002 issue of D magazine.

O Fields Alexander, a former partner L.L.P. McAnelly works in the areas of

N with Brown McCarroll, L.L.P., has joined real estate, energy, and finance in the the Houston law firm of Beck, Redden & firm’s Houston office. 1994 S Secrest, L.L.P., as Of Counsel. Jason Bergmann joined Lasky, Haas & S and her husband, Cohler, P.C., in San Francisco in January.

A Beth L. Roberts

L In May, Keitha "KJ" Butler was Thomas Mackall, joyfully announce the

C honored by the Travis County Women birth of John Milton Roberts Mackall Mischa Buford has been named part- Lawyers Association with the Outstanding on November 26, 2001. John has two ner at Shook, Hardy & Commitment to the Minority Community brothers, Benjamin, age 13, and James, Bacon, L.L.P., in Overland Award for her legal work to survivors of age 2, and one sister, Katherine, age 4. Park, Missouri. She is a domestic violence. Beth recently became partner with member of the firm’s tax sec- Hogan & Hartson, L.L.P., where she tion and focuses her practice on advis- Mark W. Drasnin, formerly with practices health care law part-time in ing privately held companies on tax and Rosenn, Jenkins & Greenwald, L.L.P., in the Washington, D.C., office. corporate issues. Wilkes-Barre, Pennsylvania, has joined the law firm of Adelman, Lavine, Gold & Eden P. Sholeen has been elected Eric Gambrell was named the #1 lawyer Levin, P.C., in Philadelphia. partner at Bracewell & Patterson, L.L.P., on “The Best Lawyers Under 40 in Dallas” in Houston. Sholeen works in the areas list by D magazine in its May issue. Christopher N. Johnsen is general of labor and employment. Gambrell is a civil trial lawyer with Akin, counsel for the University of Texas Gump, Strauss, Hauer & Feld. His wife, Medical Branch–Galveston. Pavneet Singh Uppal was elected ABEL SANCHEZ partner in the international law firm of Raquel G. Perez has become a partner Bryan Cave, L.L.P., as of Jan. 1. Uppal in the law firm of Bracewell & Patterson, is a member of Bryan Cave’s Labor and L.L.P. Perez, based in San Antonio, is a labor Employment Client Service Group in its and employment attorney. Phoenix office. He and his wife, Neena, have a three-year-old son, Tajinder.

1993 Judy Robinson Wilber was sworn Brent Anderson was named a partner in as the new city judge for Alexander, at Snell & Wilmer, L.L.P. Brent practices com- Arkansas, at an investiture ceremony mercial litigation in the firm's Denver office. witnessed by more than 60 family members, friends, and colleagues on The Gambrells were named top attorneys. Christopher Graff has joined April 8. Wilber will preside over prelim- Thompson & Knight’s intellectual proper- inary felony cases, criminal misde- Elizabeth Reding Gambrell, ’94, an ty practice as trademark and meanors, traffic offenses, and city appellate lawyer with Rochelle Elrod copyright partner. His practice ordinance violations. Hutcheson, tied for #88 on the list. focuses on protecting clients’ trademarks, copyrights, and trade secrets, including representing 1995 clients in trademark and copyright litiga- Victor Alcorta, former policy direction and enforcement actions. Previously, tor for Texas governor Rick Perry, Graff was with the law firm of Skjerven has joined Thompson & Knight’s Morrill MacPherson. government relations practice. Prev- iously, Alcorta served on the gover- Cameron Sue Heaps was married to nor’s senior staff as policy director, Joseph Christopher Ippolito on May 20, where he was responsible for devel- 2000. She is working as an assistant oping public policy in such diverse Wilber at her investiture ceremony in April. U.S. attorney in Savannah, Georgia, in areas as the Texas-Mexico border the Narcotics Section. affairs, energy, insurance, technolo- Jason E. Winford, a labor and gy, telecommunications, and trans- Burt M. Martin has been named senior employment attorney with Jenkens & portation. Prior to working in the vice president, general counsel, and sec- Gilchrist P.C. in Dallas, announces his governor’s office, Alcorta served as retary at Weatherford International, Inc., marriage to Celeste Yeager on April 6, general counsel to the Texas Secretary in Houston. He was formerly associate 2002. Celeste is a lawyer with Gardere of State. general counsel and assistant secretary. Wynne Sewell, L.L.P. in Dallas. Jason

58 UTLAW Summer 2002 C Scott J. Arrington was appointed a ing the highest GPA in contract and fiscal Skylar Sudderth was elected dis- L national partner in Baker & McKenzie’s law. Her research paper on the use of trict attorney for the Thirty-fifth A major projects and litigation practices. online auctions in defense procurement Judicial Circuit in Brownwood, Texas, S Arrington represents corporations involved was chosen as the year’s best research and has held that office since S in major projects and international trans- paper. Major Turley is stationed in the Air January 2001. actions. He also serves regularly as coun- Force Material Command Legal Office, N sel in major project transactions involving Acquisitions Division, at Wright-Patterson Heather Way was honored with the O oil-and-gas and power-generation facilities. Air Force Base in Dayton, Ohio. Outstanding Young Lawyer Award T from the Travis County Bar Assoc- E Clay S. Conrad spoke in June 2001 at a Corbin Van Arsdale of Fitzhugh & iation and Austin Young Lawyers S conference by the Federal Public Defender Elliott, P.C., in Houston became state rep- Association in May. Association of Philadelphia on "Overview resentative–elect for District 130 after of Jury Nullification: Themes, Theories, winning the Republican primary on and Ethical Issues." His article "Death March 12. Corbin faces no Democrat 1997 Qualification Leads to Biased Juries" opposition in November. Eilin J. Chiang is working with the U.S. appeared in the March 2001 USA Today Army Legal Services Agency in Arlington, magazine. In December 2001, he was a Virginia, as defense appellate counsel. guest on the nationally syndicated David 1996 Horowitz show on the issue of trial by jury, Michael Berry was elected the Charles Hamilton Houston III, an and he was a guest lecturer at Texas youngest member of the Houston City attorney with Fennemore Craig in Southern University on inmate rights and Council. He serves in an at-large posi- Phoenix, has been elected to the board of criminal procedure in February 2002. tion since he was elected city-wide. He the North Valley School of Arts. He also Conrad is currently a partner in the law left Jenkens & Gilchrist, L.L.P., several volunteers with Valley of the Sun United firm of Lamson & Looney, P.C., in Houston. years ago to found his own residential and is a 2001 member of the Black Board real estate company, Michael Berry of Directors Project, an 18-year-old Estrellita J. Doolin recently joined Properties, which is still in operation. advanced leadership organization that ACCOR Lodging North America empowers individuals for leadership. (ALNA) in Dallas as staff counsel. In January, Karen C. Burgess was ALNA is an affiliate of ACCOR, a promoted to partner at Taylor Trent A. Howell has joined the law firm Paris-based hotel conglomerate. & Dunham, L.L.P., in Austin, of Holland & Hart L.L.P. as where she practices com- fourth–year associate in Rani C. Garcia has been promoted mercial litigation. its Litigation Department. from associate to counsel in Howell works in the firm’s the Dallas office of Akin, Keith Dugger left his partnership Santa Fe office. Gump, Strauss, Hauer & Feld, with Seigfreid, Bingham, Levy, Selzer L.L.P. She practices labor and & Gee, P.C., in Kansas City to join the David E. Kelley II has been elected employment law. health care boutique firm of Stewart partner with the Fort Worth law firm of & Stimmel, L.L.P., in Dallas. He relo- Loe, Warren, Rosenfield, Kaitcer and David R. Nelson has been promoted cates with his wife, Ashley Polk Hibbs, P.C. He has two daughters, and he from associate to counsel in the San Dugger, and two-year-old twin sons, and his wife are excited to be expecting Antonio office of Akin, Gump, Strauss, Jackson and Carson. twins in September. Hauer & Feld, L.L.P. Martin E. Garza, an associate in the Katherine T. Kurtz is working at Coach Dan Rey-Bear has become an equity Dallas office of Hughes & Luce, L.L.P., in USA in Houston as corporate counsel. partner at Nordhaus, Haltom, Taylor, the real estate section, has designed the Taradash & Bladh, L.L.P., in Albuquerque. new Web site for the Dallas Hispanic Bar Amy Sumner is with the U.S. Securities It is one of the oldest and largest law Association, which was launched in and Exchange Commission in Denver. firms in the country that specializes in March and allows individuals, law firms, representing Native American tribes. and businesses to seek Hispanic attorneys in Dallas. 1998 Major Susan L. Turley graduated first Jay Dyer, an associate at Vinson & in her LL.M. class at the Judge Advocate George W. Jordan has been pro- Elkins, L.L.P., in Austin, and his wife, Berkley, General’s School of the Army. On May 23, moted to counsel in the Houston office of are pleased to announce the birth of their 2002, Turley was named the "Distinguished Akin, Gump, Strauss, Hauer & Feld, L.L.P. second daughter, Lettie Anne Dyer, who was Honor Graduate" for achieving the highest He practices intellectual property law. born on November 28, 2001. Their other overall standing in the class of 72 military daughter, Jane Perry Dyer, will be two on lawyers, and received the American Bar Janie A. Shannon has been promoted July 25. Jay, who began working at Vinson Association’s Award for Professional to counsel in the San Antonio office of & Elkins in 1998, is in its corporate Merit. Also, Turley was honored for earn- Akin, Gump, Strauss, Hauer & Feld, L.L.P. and securities section.

Summer 2002 UTLAW 59 S Greg J. O’Bradovich is now with

E Hinkle & O’Bradovich, L.L.C., in 2001

T Lawrenceville, Georgia. He was for- Jaime Bell has joined Vinson & Elkins,

O merly with Fish & Richardson, P.C., in L.L.P., in New York as an associate.

N New York. Shay Aaron Gilmore has joined the Los S Matthew T. Wirthlin has joined the Angeles office of Lewis D’Amato Brisbois & S Salt Lake City law firm of Holland & Brigaard, L.L.P., as an associate. A

L Hart L.L.P. as a third year associate in

C its business department. Daci Jett joined D’Ancona & Pflaum, L.L.C., in Chicago in September 2001. She is practicing estate planning and pro- Dyer with his daughters, Lettie and Jane. 2000 bate administration law. Jason Luong, former law clerk to the Monica Ingram, former Honorable Royal Furgeson, ’67, has Kaci Sohrt is hearings examiner with the staff attorney at the Texas joined the Houston office of Beck, Redden Texas Youth Commission in Austin. Association of School Boards, & Secrest, L.L.P., as an associate. has joined the Law School as Daniel Timmons has joined the tax practice the new assistant dean for admissions. Matthew Marchant was elected to the City at Baker & McKenzie in Dallas. Council in Carrollton, Texas . At 25, he becomes J. Eric Lockridge recently joined the one of the youngest council members in the Shalyn Timmons has joined the liti- Dallas office of Gardere Wynne Sewell, L.L.P. city’s history. Matthew is an associate at the gation practice at Jackson Walker, in commercial and products liability litigation. Dallas office of Strasburger & Price, L.L.P. L.L.P., in Dallas. ROBERT BAUMGARDNER

Connie Douglas Reeves, 100, is the oldest living honoree to be named to the Cowgirl Hall of Fame in Fort Worth. She attended UT Law in the early 1920s and was the only woman in her 250-student class. She resides in Kerrville, Texas and has been a riding instructor for 67 years.

60 UTLAW Summer 2002 IN

SUMMER 2002 MEMORIAM

The Honorable Fannie M. Boyls, ing excellence and once served as Vice firms of Scott and Hulse, and Mayfield ’29, died February 14, 2002, at 96. Chancellor. He was inducted into the and Perrenot. She was a former administrative law College of Business Administration Hall judge with the National Labor Re- of Fame in 1987. William Taylor Lagrone, ’39, died lations Board and played a role in the January 22, 2002, at 88. A WWII army creation of modern labor law. She James Lee Pardue, ’37, died in April veteran, he started an oil and gas law joined the board in 1937, two years 2002 at the age of 88. He first worked as practice in Houston. Lagrone worked after its creation. a lawyer at Barkley and Webb in Houston. for Humble Oil until 1951 and then After his WWII naval service, Pardue was moved to Dallas, spending 30 years as Robert Lee Cole, Jr., ’33, died legal counsel to Glenn McCarthy, a Texas special counsel to the Jake L. Hamon February 6, 2002, at 92. He prac- oilman, and David Bintiff Enterprises in Oil Co. In 1979, he became president of ticed law in Houston, with his Houston. He was a vice president and CNR Resources Inc. and a consultant. father’s firm until 1950 and then legal counsel for Cliff Trice and Trice independently until 1995, when Production in Longview, and in 1959 he Delos Andrew “Don” Gayer, after 62 years of practice, he retired opened a private law practice in Midland. ’40, born in Norman, Oklahoma, died and moved to Bryan, Texas. A WWII In 1967, he joined Stubbeman, McRae, April 20, 2002, at the age of 85. He prac- veteran, Cole served as a municipal Sealy, Laughlin, and Browder as a senior ticed law in Catulla and Edinburg, Texas, court judge in Bellaire, Texas, from partner, where he practiced until he before serving with the infantry in WWII. 1966 to 1970. retired in 1994. Between 1946 and 1981, he worked for Miami-based McBreem Insurance Jesse W. McDaniel, Jr., ’34, of C.B. “Jack” Owen, ’38, died Associates, specialists in aviation insur- Houston, died January 8, 2002, at 91. September 14, 2001, at 86. After serving in ance. After retiring, Gayer volunteered for After working in Hillsboro, Texas, he the U.S. Navy in WWII, Owen began his 20 years at The Vizcaya Museum of moved to Houston in 1936 to join Cole, career in Tyler at East Texas Auto Supply, a Miami. He moved to Midland in 1999. Patterson, and Cole, where he became company founded by his father. Owen was a name partner and practiced law president of East Texas Auto Supply until Len Steinle, ’40, a prominent until 1977. He served in the U.S. Navy his retirement in 1980. He was also presi- Atascosa County attorney, died February from 1944 to 1946. dent and chairman of Owen Development 22, 2002, in Jourdanton, Texas, at 83. Co., which developed the Owentown John Dewitt Furrh, Jr., ’36, died industrial district northeast of Tyler. John Campbell, ’41, died April 19, November 3, 2001. From 1937 to 1939 he 2002, in Midland. He was 85. Campbell practiced law in Longview and Carthage. John “Barry” Rudd, ’38, of served as a briefing clerk for the Texas From 1939 to 1945, he served as a spe- Waskom, Texas died February 10, 2002, in Supreme Court and an attorney for the cial agent for the Federal Bureau of Shreveport, Louisiana, at 84. He was a Texas General Land Office. In 1951, he Investigation. Following the war, he farmer and rancher. moved to Midland where he practiced practiced general law in Reno, then real estate law transactions until his returned to Marshall in 1955 to a private Roy D. Jackson, Jr., ’39, passed retirement in 1999. law practice. He was elected county away November 20, 2001, in El Paso judge of Harrison County in 1963 and at 82. After his WWII naval service, Judge Peter Michael Curry, ’41, age served two terms before leaving to work he practiced corporate international 84, of San Antonio, died December 15, for the Republican Party. law with Gulf Oil Co. and related 2001. A WWII veteran, Curry was entities where he served in major appointed judge of 166th District Franklin Lanier Cox,’37, of Austin, executive positions. He was also the Court by the late John Connally, ’41, died January 1, 2002, at 85. He taught founder and chief executive officer where he worked for 30 years. He at UT’s Business School until his of Oil Insurance Ltd., a Bermuda cor- continued to preside by assignment in retirement. A WWII navy veteran, Cox poration. In the mid-1980s, he held “of- Bexar County, Laredo, and other south received numerous awards for teach- counsel” positions with the El Paso law Texas cities.

Summer 2002 UTLAW 61 Leo J. Hoffman, ’41, died on December Pennsylvania. He was 81 and the son, real estate law. He served as director of 2, 2002. He was 82. After WWII army grandson, and great-grandson of Texas Fidelity National Bank in Dallas. service, he joined Sun Oil Co.’s law depart- lawyers. After WWII army service, Holland ment in Dallas in 1946. In 1963, he joined practiced with Fulbright, Crooker, Freeman Max Addison, ’49, of Lubbock, died Strasburger & Price, where he managed & Bates, now Fulbright & Jaworkski, January 15, 2001, at 83. A WWII fighter the firm’s mineral law section. where he became a partner. In 1957, he pilot, Addison joined the law firm of joined the newly-formed Manhattan law Crenshaw, Dupree, and Milam, where he Lester L. Klein, ’41, of San Antonio firm of Roberts & Holland, where he prac- was a partner for 35 years. died October 22, 2001, at age 87. After ticed until his retirement. serving in WWII between 1941-46, Klein John Jefferson Carr, ’49, of opened his law practice in San Antonio. Joseph Earl Jackson, ’43, of Papalote, Texas, passed away on He also served as an assistant city Carthage, Texas, died on January 27, January 15, 2002, at 77. A paratroop- attorney. From 1967 until his death, 2002, at 82. Jackson, who served in the er in WWII, he practiced law in Klein practiced with this son, Joel, most navy in WWII and continued on active duty Edinburg, Texas, before moving to recently at Joel H. Klein & Associates. through the Korean War, joined Long & Corpus Christi in 1951 and forming Strong in Carthage in 1953, where he prac- the partnership of Carr Oil two years Albert Wadel Moursund III, ’41, a ticed until December 2001. In 1993, the later. He was instrumental in the for- Hill Country lawyer who worked with his State Bar of Texas honored him for 50 mation of San Antonio based Retama friend Lyndon B. Johnson to bring elec- years as a member of the board. Partners, Ltd., where he served as tricity to that once-deprived region, died president of the board. at 82 on April 22, 2002, in Round Vernon Martin Pfluger, ’43, Mountain, Texas. Judge Moursund ser- died on February 21, 2002, at the age John Marvin Robinson, ’49, died ved as general counsel for the Ped- of 80. After service in the U.S. Navy, on February 19, 2002, at the age of 81. He ernales Electric Cooperative from 1950 Pfluger practiced law in Austin and practiced law in the Houston area for until his death. He also had been a ranch- Pflugerville until his retirement in more than 50 years. He worked for the er, a banker, a member of the State 1990. He also served as a justice of FBI before serving in the army during House, county judge of Blanco County, a the peace in Travis County for more WWII and the Korean conflict. member of the Texas Parks and Wildlife than twenty years. Commission, and a close friend, business Richard M. “Dick” Clark, ’50, died associate and advisor to President Benjamin Prater Monning, Jr., February 15, 2002, at the age of 79. Clark, Lyndon B. Johnson. ’47, of Willis Point, Texas, passed away who served in the Army Air Force in WWII, March 23, 2002, at 82. Monning, a cap- was an FBI special agent in New York. He John Bookhout Webster, ’41, died tain in the U.S. Army Air Force during returned to Texas in 1954 to enter the ad March 2002 in Dallas. He was a decorat- WWII, practiced law in Amarillo with his valorem tax business with Kirkwood and ed B-29 pilot who flew missions over father at Monning & Monning Lawyers Darby, and later with Seaboard Oil Japan. He retired from practice at the until his father’s death in 1969. In 1970, Company, and Texaco, where he remained Missouri-Kansas-Texas Railroad. he moved to Willis Point, where he prac- until his retirement in 1988. ticed law with Wynne & Wynne. Walter E. Babel, Jr., ’42, of Kenneth Jack Coleman, Sr., ’50, Houston died on May 7, 2002, at 82. David Owen Belew, Jr., ’48, a an attorney in El Paso, died in November After serving in WWII, he worked in retired federal judge in Fort Worth, died 2001. He had a long and distinguished Houston at Fulbright, Crooker, Freeman on November 21, 2001, at 81. Belew, a U.S. military career, having served in WWII, & Jaworski. Babel also worked as an oil Army captain during WWII, worked as an the Korean conflict, and Vietnam. and gas attorney for Housh Drilling Co., assistant U.S. attorney in Fort Worth Housh Portable Bridge & Equipment Co. before joining Cantey & Hanger in 1952, John Davis Dorman, ’50, died February and later was legal counsel for Forrest where he became partner. In 1979, 22, 2002, at 82. After WWII army service, he Warren Investments. He was also a President Jimmy Carter appointed Belew worked as an attorney for 35 years with such director of Westbury National Bank. to the U.S. District Court for the Northern companies as Brazos Oil and Gas, Dow District of Texas, where he retired in Chemical Corporation, and Coastal Jeanne C. De Coux, ’42, passed 1995. His best-known case was a 14- States Oil and Gas. away on January 26, 2002, in Houston month civil trial resulting from the 1985 at 81. She worked in the land department crash of Delta Airlines Flight 191, the Fred W. Hodson, Jr., ’50, passed of Humble Oil & Refining Co. She retired longest aviation trial in history. away on April 9, 2002. He was 76. A to become a wife and mother. WWII veteran, Hodson practiced law in Francis James Byrne, ’48, died in Houston for 50 years. Baxter Finch Holland, ’43, of Dallas on January 10, 2002. Byrne, a Whitpain Farms, Blue Bell, Pennsylvania, U.S. Army captain in WWII, was an Arch C. Blocher, Jr., ’51, born and formerly of Greenwich, Connecticut, attorney with Turner, Atwood, Meer, and June 3, 1921, passed away on January died on November 25, 2001, in Abington, Francis, which specialized in oil and gas 2, 2002, at 80.

62 UTLAW Summer 2002 Lon B. Moser, ’52, died October 7, Texas Christian University Sports Hall of February 4, 2002. George was a partner 2001, at 73. Moser practiced law in Fame in 1984. in the El Paso office of Kemp Smith, P.C., Dumas until 1953, when he was appoint- from 1974 to 1998, and at the time of his ed assistant county attorney of Potter Judge Robert “Skip” Morse, ’60, death was “of counsel” to Haynes and County. He served as Potter County of Georgetown, formerly of Galveston, Boone, L.L.P., where he practiced in the attorney in 1960 and had a private prac- died April 12, 2002, at the age of 69. He corporate securities section. tice in Amarillo for nearly 40 years was a great-great-grandson of Samuel F. B. Morse, the inventor of the telegraph. Peter M. Kreisner, ’74, of Austin, Weldon Jeffrey Squyres, ’52, After serving in the U.S. Army, Judge died May 4, 2002. He was 52. He had died November 29, 2001, at 72. Squyres Morse served as attorney, president, and his own law practice in Austin. was a retired partner in the accounting chairman of Certified Savings Assoc- firm of Squyres, Johnson, Squyres, and iation and maintained a private law prac- John Michael Kyser, ’77, of Austin, Company, which was founded by his tice. He also served as municipal judge in passed away April 29, 2002, at 48. He father in the early 1930s. Squyres was Georgetown from 1966-1971 and judge of worked at one time as an attorney at nationally recognized for his expertise in Williamson County Court at Law #2 from McCall & Richie in Austin. oil and gas taxation. 1991 until his death. Michael Guy O’Neill, ’78, died Johnnie Eugene Dorris, ’55, of Jack Norwood, ’60, died Dec- February 24, 2002, in Dallas at 51. He Victoria, Texas, died December 11, 2001, at ember 9, 2001, at 65. Norwood began worked in Dallas with several firms before the age of 74. his law career as an assistant district forming his own practice, Michael G. attorney for Smith County in Tyler. In O’Neill, P.C. Britton Powell Laughter, Jr., ’55, 1963 he moved to Austin to serve as passed away November 27, 2001, at the Texas assistant attorney general. He Ronald D. Wren, ’78, passed away age of 73. re-turned to Tyler in 1964 to enter pri- January 9, 2002, at 47, in Bedford. vate practice. Wren was admitted to practice in every Edwin Watson Stockly, Sr., ’55, state and federal court in Texas. He passed away February 19, 2002, in William Ross “Bill” Laughlin, ’64, practiced civil trial law, personal injury Nevada. Prior to law school, Stockly passed away on December 15, 2001, at 62. trial law, and civil appellate law. served in the U.S. Army during WWII He worked in private practice in Houston, and as a reporter in Alamogordo, New and later served several years as Baytown Colonel Bruce C. Young, ’80, Mexico, and El Paso. He practiced law city attorney. His later years were spent in U.S. Army (Retired), of Austin died on until 1979 in Los Alamos, New private practice in Baytown. December 17, 2001, at 77. Young, Mexico, where he was a special assis- whose military career included serving tant attorney general in the New Mex- William Armand “Bill” Jeffers, in WWII and Vietnam, practiced law ico Banking Department. From 1981 to Jr., ’68, passed away December 12, until his retirement in 1990. 1994, he practiced primarily family 2001, at 58. He practiced law with the law in Boise, Idaho. firms of Kelso, Locke and King and William Gregg Thawley, '82, Groce, Locke and Hebdon and subse- died April 10, 2002, at 47. He had Robert O. Rogers, ’56, died on quently founded the firm of Jeffers, been an attorney at Bank One for March 16, 2002. After serving in the U.S. Brook, Kreager and Gragg. 10 years. Marine Corps, he moved to Palm Beach in 1960, where he opened the law office of James Eugene “Jim” Perry, ’68, Susan Grubbs Scolaro, ’84, died Rogers Bowers Dempsey and Paladino. died January 6, 2002, in Arlington, at 58. March 12, 2002, at 42. She worked for Jim was the city attorney in San Angelo the Bexar County District Attorney’s George Evans Brown, ’57, died and Killeen from 1969 to 1983 and an Office from 1984 to 1989, joined the January 23, 2002. He worked at a Wall assistant city attorney for Grand Prairie Lubbock County Criminal District Street law firm as a corporate and from 1983 to 1986. In March 1986 he was Attorney’s Office in 1995, and was antitrust lawyer before entering the appointed a municipal court judge, a job elected judge of Lubbock County Foreign Service in 1963, where he spe- he held until his retirement. Court-at-Law No. 1 in 1998. She re- cialized in Latin America, primarily as a joined the Lubbock Criminal District Brazilianist. After retiring in 1987, he Douglas D. Ehrlich, ’72, passed away Attorney’s Office in 1999, where she remained in Brasilia for three years with a January 19, 2002, in Houston, at 55. He was a felony prosecutor. She worked law partnership. was the assistant city attorney in Port closely with children’s advocacy and Arthur from 1972 to 1974. An army veter- rape crisis centers. Morgan K. Williams, ’58, died on an, he joined Conoco in 1974 and retired December 2, 2001, at 69. Williams prac- from the company in 1996. Christopher Holder, a third-year ticed law in Fort Worth at a firm that law student from Natchez, Mississippi, became Mehl, Williams, Cummings, and Dane George, ’74, of Austin and for- died January 9, 2002, at 28. He Groce. Williams was inducted into the merly of El Paso, passed away at 53 on entered UT Law in the fall of 1997.

Summer 2002 UTLAW 63 ARGUMENT

CLOSING Supreme Court TV?

“GOOD MORNING, STEPHEN.” issues, and the characters (especially the law clerks) are BY HARRY P. SUSMAN Those were the first ridiculous. Curiously, I do not think these shows have words Charles Alan Wright ever said to me outside the failed because they are unrealistic. classroom. “Great,” I thought, “he has confused me with To begin with, the reality of the Supreme Court is bor- my dad.” Professor Wright, however, was not confused. I ing. Try writing an episode about an ERISA case; even had just enrolled in his Supreme Court seminar and had public access television won’t show it. drafted Justice Stephen Breyer as the justice that I would Plus, the viewing public knows next to nothing about the play for the semester. Professor Wright was so committed Supreme Court. The secretary for my to making the experience real that boss—Justice Anthony Kennedy— he insisted on calling me “Stephen” liked to tell a story about a woman for the next four months. who came up to Justice Kennedy Too bad the produc- and asked him to take a picture ers of First Monday on the Court’s steps. He and The Court— reluctantly agreed. She the two Supreme handed him the cam- Court television era to photograph dramas that pre- her and her kids. miered this sea- She had no idea son—do not share who he was. Professor Wright’s Ironically, the commitment to main reason that bringing a touch the Court makes of reality to a fic- such a tantalizing tional Supreme Court. subject for television As a former Su- drama is because it does preme Court law clerk, not allow television cam- I am supposed to keep eras inside. While argu- my behind-the-scenes ments are open to the public, experiences secret. Oh, well, seating is limited, and (by the way) here are some secrets. The jus- you have to go to Washington. Folks in tices do not high-five each other before taking the Hollywood obviously figured that Americans were ready bench for oral argument. The parties do not sit at coun- to believe wild-eyed tales of intrigue. They had good rea- sel’s table–even the attorney general sits in the cheap son. A few years ago, the book The Tenth Justice featured a seats. Nor do the justices direct questions to the parties; law clerk who hunted down the murderous bad guy. It was the justices save their questions for the lawyers. Imagine a best-seller. your toughest first-year professor and multiply it by nine. I am sure that everyone associated with the Court is And the law clerks are not uniformly good-looking. Trust rolling his eyes at the recent television shows. But the me, even Jordan Steiker looked like a nerd when he was a Court may have itself to blame. If the public learned more law clerk. about the Court, Hollywood would be forced to depict the The verdict is in on these shows. It isn’t pretty. The crit- Court with greater realism in order to convince the view- ics have widely panned both shows. The public has been ing public to watch. More importantly the public would more harsh. The ratings for The Court, starring Justice Sally come to learn that behind the veil of secrecy is an amaz- Field, were so bad that ABC benched the show for the ing institution that would make them proud of their con- remainder of the season after just three episodes. First stitutional system. Certainly that was my impression. Monday, starring Justice James Garner, was doing just as poorly, but apparently CBS had nothing better to serve up. Harry P. Susman, ’96, is a partner at Susman Godfrey, Why did these shows go so wrong? The answer is prob- L.L.P., in Houston and a former U.S. Supreme Court clerk ably terrible writing. The plots oversimplify complex for Associate Justice Anthony Kennedy.

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