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Terry and Doug Young and Rodney and Judy Acker Spring 2021 Spring 95 Issue Journal ACTL ISSUE 95 | SPRING | 2021 ISSUE 95 | SPRING | 2021 TOAST THE NEW INDUCTEES NEW THE TOAST ACKER JUDY AND RODNEY AND YOUNG DOUG AND TERRY TOAST THE NEW INDUCTEES NEW THE TOAST ACKER JUDY AND RODNEY AND YOUNG DOUG AND TERRY American College of Trial Lawyers JOURNAL Chancellor-Founder Hon. Emil Gumpert FEATURES contents (1895-1982) OFFICERS 2 5 9 11 Letter from the Editor President’s Perspective Annual Meeting The College RODNEY ACKER President Recap Welcomes New MICHAEL L. O’DONNELL President-Elect Officers & Regents SUSAN J. HARRIMAN Treasurer WILLIAM J. MURPHY Secretary DOUGLAS R. YOUNG Immediate Past President 13 15 21 25 Chief Justice Roberts CLE: Plessy v. Ferguson Special Event - Supreme Panel - BOARD OF REGENTS Welcomes the The Suspect Justices For All RODNEY ACKER DAN S. FOLLUO Annual Meeting Dallas, Texas Tulsa, Oklahoma PETER AKMAJIAN LARRY H. KRANTZ Tucson, Arizona New York, New York SUSAN S. BREWER MARTIN F. MURPHY 31 35 39 43 Morgantown, West Virginia Boston, Massachusetts 2020 Gumpert Award Dr. Robert C. Gallo - Lewis F. Powell, Jr. Dr. Robert J. Brown - JOE R. CALDWELL, JR. WILLIAM J. MURPHY - Tulane Law School Observations on the Lecture - Hon. Right Will Washington, D.C. Baltimore, Maryland Women’s Prison Pandemic William Cohen Always Win JOHN A. DAY MICHAEL L. O’DONNELL Brentwood, Tennessee Denver, Colorado RICHARD H. DEANE, JR. LYN P. PRUITT Atlanta, Georgia Little Rock, Arkansas MONA T. DUCKETT, Q.C. JEFFREY E. STONE 49 55 61 65 Edmonton, Alberta Chicago, Illinois Playing Ball - The Impact Honorary Fellowship A Conversation with Humor in the of Covid-19 On Sports - Justice Nicholas Kasirer Scott Turow Age of COVID GREGORY M. LEDERER MICHAEL J. SHEPARD Cedar Rapids, Iowa San Francisco, California SANDRA A. FORBES CATHERINE RECKER Toronto, Ontario Philadelphia, Pennsylvania SUSAN J. HARRIMAN DOUGLAS R. YOUNG San Francisco, California San Francisco, California 69 75 79 81 Dean G. Marcus Cole - Welcome To Inductee Responder - Meet our A Call To Action The College - Joan Illuzzi-Orbon New Fellows EDITORIAL BOARD Warren Lightfoot Robert L. Byman (Editor) Chicago, Illinois Elizabeth K. Ainslie Philadelphia, Pennsylvania Lisa G. Arrowood Boston, Massachusetts Carol Elder Bruce Washington, District of Columbia Brian J. Gover Toronto, Ontario 99 103 107 113 Remembering The Thurgood Task Force on Judicial Christina M. Habas Denver, Colorado Justice Ginsberg Marshall Award Advocacy in the Independence David G. Hanrahan Boston, Massachusetts 21st Century Update Lynne D. Kassie, Ad. E. Montréal, Québec David N. Kitner Dallas, Texas Kevin J. Kuhn Denver, Colorado Carey E. Matovich Billings, Montana 127 137 Lorna S. McClusky Memphis, Tennessee Answering The Remembering Call To Help Mike Cooper Clarence L. Pozza Detroit, Michigan During Covid - 19 Paul Mark Sandler Baltimore, Maryland Stephen G. Schwarz Rochester, New York J. Walt Sinclair Boise, Idaho ANNOUNCEMENTS Dennis R. Suplee Philadelphia, Pennsylvania Mark C. Surprenant New Orleans, Louisiana Chilton Davis Varner Atlanta, Georgia 4 David J. Wachowich, Q.C. Calgary, Alberta 2021 Spring Meeting Sylvia H. Walbolt Tampa, Florida E. Osborne Ayscue, Jr. (Editor Emeritus) Chapel Hill, North Carolina ASSOCIATE EDITOR IN (ALMOST) EVERY ISSUE Amy Mrugalski, CAE For comments, inquiries, and submissions, please email the National Office at [email protected] 117 119 123 131 Heroes Among Us - All In The Family - Heritage Profiles - Foundation Update Liz Doten Design Director Jim Coleman Forbes & Grant Mike Cody Ben Majors Photographer, EventWorks Dennis J. Maggi, CAE, Executive Director American College of Trial Lawyers 1300 Dove Street, Suite 150 Newport Beach, California 92660 133 135 141 Book Review War Stories In Memoriam 949.752.1801 From Fellows www.actl.com 1 JOURNAL Copyright ©2021 PLEASE SEND CONTRIBUTIONS OR SUGGESTIONS TO [email protected] The College is now in its seventy-first year, and like anything that has lived more than seventy years (an apt description of myself), mistakes will have been made. Case in point: the College’s revered Chancellor, Emil Gumpert, openly insisted that College meetings be limited as men-only affairs. It was inconceiv- able in 1950 that a woman might become a Fellow, and, as for wives, Gumpert believed that the presence of women would inhibit the collegiality of meetings. Others disagreed, and the question was debated over the years. In one of those clashes, Cody Fowler, the only person to serve two years, two separate terms as President of the College, justified his successful opposition to having women at meetings by arguing that “Women do not mix as well as men.” Not until 26 years into its existence, not until 1976, did the College finally adopt a formal resolution permitting women to be invited to the annual banquet. Good grief. Gumpert and Fowler may have been great men, selection. And the College’s leadership immediately and sincerely great lawyers. But they were, where women were concerned, apologized to the Justice: cavemen. The College was wrong, flat wrong to have listened to their misogyny. Better late than never. We are better now. But a year after we corrected that mistake, we encountered another, far more troubling deficiency in our collective char- acter. At page 105 of this edition, you will find an article by Regents Joe Caldwell and Rick Deane describing the College’s new Thurgood Marshall Equality and Justice Award. You will learn that when the Award was envisioned, it was no sure thing that Justice Marshall’s family would consent to have his name linked with the College, because the Justice had himself sev- ered the connection in 1977. That year, then Honorary Fel- low Marshall attended an Annual Meeting as a guest speaker. He went to the sing-along after the banquet, and to his horror a song was sung which included the term “darkies.” Learning that Justice Marshall had taken offense, College Leadership made honest and abject apologies, but the Justice nevertheless resigned from the College. Now, in the context of our 26-year war on women, the Marshall incident might somehow seem less egregious. After all, the College repeatedly and formally debated and adopted the men only policy, while the unfortunate event with Justice Marshall was not planned, So no big deal, right? Oh no, not right, not even close. Jus- not voted on. It was, one might say, just an insensitive lapse by tice Marshall accepted that leadership’s apology was sincere; a few isolated Fellows who, on their own, made a poor musical but that was not enough. Of course it was not enough. It SPRING 2021 JOURNAL 2 wasn’t simply that a few Fellows sang an offen- But the rest of us should not, can not remain sive song. It was that no other Fellow found the quiet. That’s what was most offensive to Jus- song offensive until Justice Marshall voiced his tice Marshall – that we remained quiet in the own offense. He should not have had to; some obvious face of racism. Rick Deane puts it other Fellow, multiple other Fellows should best: “It’s not enough just not to be racist. In- have shut it down at once. They did not. The stead, you would hope that Fellows in particular group stood by. And Justice Marshall did the would choose to be anti-racist.” That is what I only thing a person of his character could do; choose. That is what I believe that the over- he could not remain a member of an organiza- whelming majority of Fellows choose. tion that stood silently by. We, the College, have made mistakes. We un- doubtedly will make mistakes in the future. But the only unforgivable mistake is not own- ing and correcting our mistakes. We are in- debted to the character of the Marshall family, for offering us forgiveness and for allowing the College’s new Award to be made in Justice Mar- shall’s name, once again tying the College to a man of his stature. The Marshall family wasn’t simply forgiving; they were magnanimous, tell- ing Joe Caldwell that Justice Marshall’s name has been associated with a number of under- takings over the years, but “association with an organization with the stature and expressed ide- als of the College is one that they delightfully welcome.” Let’s all work to live up to that. ********** We have a great issue for you. There are write- ups of the speakers and special events that oc- curred at the virtual Annual Meeting last Fall, allowing those who could not participate see what they missed and those who did participate to reprise. Lady Arden, a Justice of the UK Su- preme Court, offers an homage to the Notori- ous RBG. Judge Barbara Lynn adds an hom- age of a different sort, finally telling the story I am not naïve enough to think that there is not behind the award of a Silver Star to deceased a single racist among our 5000 or so Fellows. Fellow Jim Coleman. We say hello to 96 new Undoubtedly, there might be some. But I do Fellows, and goodbye to 55 departed Fellows, know this. If we had known that someone was a racist, that person would not have survived including Past President Mike Cooper. our vetting process; that person would not have 2020. What a year; good riddance. Let’s make become a Fellow. And if someone has slipped this year a great one! by, they should at least have the good sense and manners to be quiet about it. Bob Byman 3 JOURNAL MARCH 03-05 2021 SPRING MEETING A Virtual Event WEDNESDAY, MARCH 3 3:00 – 5:00 p.m. EST 2:00 – 4:00 p.m. CST 1:00 – 3:00 p.m. MST 12:00 – 2:00 p.m.
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