D.an David A. Brennen

Communications Director and Editor Amanda K. DeBord

Contributing Writ ers FEATURES Shannon Church Terrie Shearer Gutwein 7 Two Worlds Andre Rickman Rebekah M. Tilley 8 2013 Innocence Project Design Serif Group Creative Marketing Agency 10 Commencement Photography April Brooks 12 2013 Ray Lectures Dave Cross Photography Albie Sachs and Akhil Amar visit UK Abby Laub Shaun Ring Lee P.Thomas Photography 14 Partnerships

Prioting 18 Welcome New Faculty Wendling Printing Cortney Lollar, Collin Schueler, Jane About this magazine Bloom Grise, Marianna Jackson Clay Law Notes is published annually for the alumni, students, faculty and friends of 28 Alumni Awards the University of Kentucky College of Law

All correspondence should be directed to: 32 The First Years Law Notes UK College of Law 34 Alumni Hall of Fame 209 Law Building Lexington, KY 40506-0048 36 Future Alum Statem.nt of Non-Discrimination Rachel King The University of Kentucky is committed to a policy of providing educational opportunities to all academically 38 Honor Roll of Donors qualified students regardless of economic or social status and will not discriminate on the basis of race, color, ethnic origin, national origin, creed, religion, political belief, sex, sexual orientation, marital status, age, veteran status, or physical or mental disability.

The University of Kentucky College of Law is a member of the Association of American Law Schools and is approved by the American Bar Association. © The University of Kentucky DEPARTMENTS All Rights Reserved 19 Faculty Notes 26 Class Notes 46 Closing Argument Greetings from the Bluegrass nationally. We even had students attend a national State! I hope the 2013 convention for law school innocence projects, issue of Law Notes finds and had a student work as a legal intern in Argentina. you and your loved ones well. As the years go by, Finally, I want to mention something about the it becomes more and more state of your law school as an institution. Like all important to remember the law schools these days, we have our challenges. In things that tie us together; recent years, the number of students applying to law our shared pieces of history school nationally has declined, the traditional job form the very foundations market for law graduates has tightened, employers of our understanding of are seeking graduates with more skills training, and, each other as colleagues, on top of all of this, we are receiving less and less as scholars, as friends, and in state funding each year. UK Law is responding to occasionally, as lifetime partners. It is this special these challenges in a way that assuresthe longevity sort of "partnership" that is the basis of our feature of our top educational program while maintaining article, about six of our alumni who came to UK our very high standards. For example, over the last Law for a legal education and left with a spouse. four years, we have transformed our legal writing I hope that their stories will delight you as they program into one that focuses more on modern did me and that you will also remember fondly learning techniques. The faculty is now in the midst the connections you made during your time here. of examining our upper level curriculum with an eye towards making our educational program But, lest we get too caught up in the waves of even more responsive to the needs of employers. nostalgia, the rest of the magazine is full of a whole Finally, we are facing our various fiscal challenges year's worth of exciting events and honors. We in a responsible way. If you would like to hear were pleased, in the last academic year, to host more about how we are facing these challenges, I two Ray Lecturers. The first, constitutional scholar encourage you to email me (david.brennen@uky. Akhil Amar, visited in October and spoke on his edu), call me, or just stop by. I would be more recent book, America's Unwritten Constitution. than happy to tell you about what we are doing. Then, in April of this year, we were honored to host Justice Albie Sachs,a founding member of the UK Law has always been a special place, and, in this Constitutional Court of South Africa. His lecture, issue, you will find stories about faculty and students "The Sacred and the Secular," detailed the road past and present and the ways in which they are toward granting same-sex couples the right to marry. using their educations to impact their communities. I am proud to be associated with all of them, and Our faculty are, as always, producing ground breaking I hope that you will share in our collective pride scholarship and finding new ways to engage their as you read about their accomplishments. communities. Scott Bauries traveled to South Africa last summer to study the ways in which that country's Be sure to keep in touch to let us know where you constitution provides for education in ways that are and what you're up to. As always, I wish you resemble our own state constitutions. Josh Douglas, the best and look forward to the upcoming year. in the weeks surrounding the November presidential election, published a number of commentaries and Sincerely, op-eds about the election process. Brian Frye, one of our newest professors, co-produced Our Nixon, a documentary compiled from hours of Super-8 home movies shot in the Nixon White House.

Our students are also excelling in their own pursuit David A. Brennen of a legal education. Several UK Law students joined Dean Professor Paul Salamanca this past spring to study law in a global context in our London Study Abroad Program. Our outstanding Trial Team students once again proved their relevance-both in the state and

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 COLLEGE HOSTS CONFERENCE ON PUBLIC INTEREST LAW

In September of last year, the College of Law hosted the third annual James and Mary Lassiter Distinguished Visiting Professor Conference, Lawyering in the Public Interest. Beverly I. Moran, the 2012 Lassiter Distinguished Visiting Professor, lead a group of prominent speakers through the day's events that began with a breakfast address from Wm. T. (Bill) Robinson III (1971). Mr. Robinson addressed a crowd of professors, practitioners, and students, speaking on what drove him to a career in law, and the call for attorneys to serve the public.

After breakfast, panels continued throughout the day, exploring various aspects of public interest law, from pro bono work to experiences of attorneys in large and small practices alike. The event concluded with a reception and a showing of the film The Invisible War, introduced by Susan L. Burke, an attorney who transitioned from large-firm practice to advocate for Iraqi families injured by the Blackwater corporation, whistle-blowers, and American servicewomen. The film depicted some of the experiences of lawyers advocating for victims of sexual assault in the United States Military.

Professor Beverly Moran is a leading tax scholar whose work includes a path-breaking analysis of the disparate impact of the federal tax code on African Americans and an innovative text on the taxation of charities and other exempt organizations. Her research interests also include law and development, interdisciplinary scholarship, and comparative law. In addition to hosting the conference, she taught Taxation 1 in the Fall 2012 semester.

4 University of Kentucky Law Notes by the NUMBERS

...... -..-...-...... 574 270 returns filed Central Kentucky ...... : FAMILIES SERVED $112,000 ...... total saved in preparation fees 24 volunteers ...... 324 hours of training ...... $325,000

"The UK Tax Clinic is a wonderful in federal refunds chance for students to develop their professional skills and have ...... a positive impact on another's life. Engaging in direct client service Thank you to Professors Doug Michael and practicing both legal and and Jennifer Bird-Pollan, and to the interpersonal skills in a practical following College of Law students: setting is an invaluable opportunity." Courtney Baird, Andy Bates, Alex Ferrara, Nabeel Jawahir, Dagong Luo, Robin Muncy, Josh Pence, » Andy Bates Class of 2013 and Maegan Pirtle, Cate Poole (class of 2011), Matt VITA Clinic site manager. Smith, Luke Swain, and Laura Leigh Zimmerman. 6 University of Kentucky Law Notes Last summer I had the unique opportunity to work as a legal in the world. In fact, I loved Buenos Aires so much that I intern and interpreter with the non-profit initiative Directorio returned shortly after Christmas and have vowed to make Legislativo in Buenos Aires, Argentina. Alongside students it my home at some point in the not-so-distant future. My (both undergraduate and fellow law students) from Harvard, best memories of the city include sharing sips of mate (a Wellesley, and the University of Texas-Austin, I researched bitter herbal tea) with co-workers at the office, taking the existing and proposed legislation in South America regarding wooden subway car downtown, having coffee at some of public access laws and how strictly lawmakers from various Jorge Luis Borges' favorite cafes, and hearing tango music countries, particularly in Argentina, are abiding by the outside of my open window every Sunday.While refining transparency standards established by these specific rulings. my legal research and advocacy skills were vital components of my time in Argentina, experiencing the energy of the The non-profit office was strategically located less than two city, the thrilling discomfort of being in an unfamiliar place, blocks away from Argentina's legislative headquarters, the and the opportunity to continue to expand my worldview historic EI Congreso, which made it easier for members colored my perspective in equally valuable ways. of the Directorio team to locate and engage Argentine diputados (congressmen) and senadoros (senators). While As a dual-degree student at UK's Patterson School of we faced resistance and evasion from some, many more Diplomacy, I have spent the last year learning how the study were compliant in making the details of their position, and practice of law ties in with foreign affairs. My year at their efforts to implement certain laws on the provincial Patterson, alongside my legal experience in Buenos Aires, as well as the federal level, and their stance on various has shown me that there are fulfilling ways to utilize a law rulings open to the public. As my Spanish improved, I was degree abroad. International law firms allover the world invited to EI Congreso to conduct interviews with various with departments in international trade or finance hire law lawmakers regarding their priorities in office and voting students who can assist with various aspects of US law. records, as well as their efforts to make the Argentine There are international courts and tribunals looking for government more transparent. The information I gathered law students trained in the USto help arbitrate between during these interviews was compiled and used as a international actors. There are a multitude of public interest part of Directorio's annual publication on lawmakers and and non-profit organizations worldwide that require legal their willingness to engage in dialogue with Argentine research and understanding for a variety of reasons. In short, citizens and the ways in which they wield their legislative my experience abroad proved that a law degree from the power to benefit the massesrather than the elite alone. University of Kentucky can translate in a meaningful way outside of the United States and that pursuing opportunities Aside from learning the finer points of formal Argentine abroad as a part of a law school education is beneficial in interview etiquette, (Arriving on time? Rude. Wine at ways that are measurable and in many ways that are not. work? Routine.) I also conducted legal research concerning the public access laws more countries are embracing and how they incentivize or discourage lawmakers from being transparent. My efforts resulted in a project that detailed various freedom of information laws in developing regions, particularly countries in South America, and how those laws shape citizen behavior. I presented my research and conclusions to the director of my organization, as well as the leaders of several other agencies concerned with transparency in government.

Outside the office, the internship provided me with the opportunity to experience one of the most fascinating cities

CELEBRATING 103 YEARS OF EXCELLENCE • Fal12013 7 A LAW STUDENT'S PERSPECTIVE ON THE 2013 INNOCENCE NETWORK CONFERENCE

By Andre Rickman, Class of 2013

As of July 2013,400 wrongfully Linda Smith and James Dudley, have worked with me and convicted men and women have students around Kentucky not only to help our clients been exonerated in the United who have been wrongfully convicted, but also to instill in States though DNA evidence, us as future lawyers a sense of pride and justice for all. thanks in part to the National Innocence Project and Innocence With assistancefrom UK Law and the DPA,four students, Network. This feat stems from Piayon Lassanah,Didier Destine, Samuel Jones, and I, were all the hard work of determined able to secure funds and transportation to attend the 2013 attorneys and law students who Innocence Network Conference. Whether we knew it or not, participate in their respective we were about to experience a life changing weekend. innocence projects all around the US and the world. In mid-April, More than 500 people attended the conference, hailing many of these attorneys and students descended on from all parts of the world, including South America, Charlotte, North Carolina, for the 2013 Innocence Network Africa, Eastern Europe, and Asia. The conference started Conference. The goals of this conference were to share with an Exoneree Reception, in which all the people ideas on improving the programs, share the stories of who have been exonerated through an innocence exonerees, and to provide a fellowship between the project were recognized. I watched over one hundred individual innocence projects from around the globe. exonerees walk onto the stage of the Marriott City Grand Ballroom. It was an emotional moment for all the people The Innocence Network is a collection of litigation and in the room. There were tears shed, hugs given, and public policy organizations that have dedicated themselves demonstrations of extreme gratitude by the exonerees to exonerating wrongfully convicted individuals around the for the help they received on their post-conviction cases. world. The Kentucky Innocence Project (KIP),developed by Seeing all these people who collectively spent thousands the Department of Public Advocacy (DPA),serves as a critical of years in prison for crimes they did not commit was resource to incarcerated men and women with claims of both saddening and uplifting because their freedorn legitimate innocence. Relying largely on law students at the was in part thanks to the hard work of the attorneys University of Kentucky College of Law, Northern Kentucky and the law students also present at the conference. University Chase College of Law,and the University of Louisville Louis D. Brandeis School of Law, KIP investigates As the conference continued, so did the stories of their claims and presents them in Kentucky courts for relief. the troubled legal system and thoughts on how the Here at UK Law,students enrolled in the KIP studentship are Innocence Network could help more people. The days of put into groups to work on individual casesthroughout the the conference were filled with workshops and lectures entire academic year. Students work closely with the DPA's designed to help attorneys and law students create and office to conduct client and witness interviews, research case maintain their organizations. Some lectures also provided law, file documents with the court on their client's behalf, strategies on how to tackle some of the problems that arise and do whatever else is needed to ensure that justice is in post-conviction cases, including the use of DNA evidence, served for the client. KIP staff, namely Supervising Attorneys media training, and exoneree aftercare. These workshops

8 University of Kentucky Law Notes allowed for interaction between people from different innocence projects to exchange ideas, recite the goals of UK Law Trial Team Wins Regionals their projects, and inspire individuals new to a program. Congratulations to the UK College of Law Trial Teams of Jordan Cook Miller, Anthony Pernice, One of the most profound parts of the conference for me James "Tee" Pennington, and Jonathon Fischer was the dinner and exoneree performance. During the for their success and professionalism at the 2013 dinner reception on the Friday night of the conference, regional of the National Trial Competition, hosted exonerees from all across the US gave performances, by the University of Arkansas School of Law. including poetry, rap, rock, blues, and spoken word dedicated to their times behind bars. Some of their stories Pennington and Fischer were named were truly horrifying. During their stories, it felt as if I regional champions of the competition over were the one behind those prison walls, feeling wronged 21 other teams from Tennessee, Oklahoma, and helpless. The whole room was feeling the pain that the performing exonerees had gone through. Many of Arkansas, Kansas,and Kentucky. the performers had spent 1S years or more behind bars for crimes they didn't commit. It was heartbreaking to Teammates Jordan Cook Miller and Anthony hear their personal stories of struggle, forgiveness, and Pernice advanced to the quarterfinals, where they redemption. There wasn't a dry eye in the room at the lost on ballots to Vanderbilt. However, Pennington end of their performances. But there was a single unifying and Fischer credit their win to Miller and Pernice theme at the end of each performance: the eternal who pushed them to be their best at every practice. gratitude they had for the Innocence Project Network. College of Law Trial Teams have won six of the The conference was a chance for the organizations to last seven NTC regional competitions and have get together and recognize all the hard work they have finished as one of the top eight trial teams in done and to prepare for all the work that still needs to be the nation three times in the last four years. done. Many people left the conference with a newfound sense of determination and urgency. With a new sense of hope for the people they are still trying to help, each individual innocence project, whether in Kentucky or Nigeria, will be working hard in the ongoing fight for the wrongfully convicted. Coming away from this experience, I have grown to appreciate my freedom more, knowing that so many people have lost, and will continue to lose, their freedom due to a wrongful conviction. I have also come to the determination that whatever I end up doing in my life, I will continue, in some way, to help those who unjustly sit behind bars for crimes they did not commit.

CELEBRATING r03 YEARS OF EXCELLENCE • Fall2013 9 Good evening graduates, loved ones, friends, Yes! It depends! That magic phrase that you use colleagues, and distinguished guests. I am honored to buy time during an in-class interrogation is to have been asked to address the graduating actually the right initial answer to almost every legal class of 2013 at "commencement." problem you will encounter in your careers.

I love that word-commencement. It means During the past three years here at UK Law, you a beginning, and that's what this is. have been engaged in a massive examination of the principle of "It depends." Sitting where you are, with your gowns and mortar boards, you must feel like you just finished a really long drive across You have learned that a lawyer's craft lies in knowing (1) what the country, on winding roads, over mountains, and through it depends on; (2) why it depends on that and not something some pretty nasty weather, but in reality, you just bought else; and (3) how to convince a judge or fact-finder that the car and finished learning how to drive it. (Hopefully, your opponent is wrong about what it depends on. you'll pass the driver's license exam this summer). And failing that, you know that you might have to You're at the beginning of a long road, and I've been convince that judge that, despite the existing rule that asked to give your car a little push out of the driveway. says it depends on what your opponent says it depends Okay, I've got a question for you. Your client comes into on, it should depend on what you say it depends on. your office with a thorny little personal jurisdiction problem. And, you also know that, given enough advance She lives in Kentucky, but she says that she sold a very notice, you can structure a deal or transaction in a way rare stuffed animal-a teddy bear that belonged to Teddy Roosevelt-on eBay and that the person who purchased that sets out in advance what it depends on so you it now thinks it's a fake and has sued her in federal court in don't have to fight about what it depends on later. Iowa. She asksyou, "Do I really have to go and defend a In internalizing this principle of "It depends," you know that suit in Iowa if I've never been there?" What do you tell her? if law were simply a set of rules that could be memorized, [It depends.] we would all have been replaced by computers long ago.

10 University of Kentucky Law Notes But clients don't hire us just to tell them the rules-they hire us to predict how the rules will apply to them, or to argue for the application of the rules to them in a favored way, or to structure a transaction so the rules will apply to the transaction in a favored way. No computer could ever do these tasks at anything approaching the competence level of a well-trained lawyer.

The instinct to know that there are really no quick and easy answers, and that the initial response to any hard question is usually" It depends," is what probably makes you annoying at family gatherings and social events with non-lawyers, but it's also the vital thing that makes you a lawyer.

As you move into your careers, you will see that the law may not have quick and easy answers, but it has its shortcuts, and its tricks of the trade, and that these shortcuts and tricks can save you time and your client money.

But as Life's Little Instruction Book tells us, the important thing is not to learn the tricks of the trade-the important thing is to learn the trade. And our trade is "It depends." Without a knowledge of the phenomenon of "It depends," shortcuts and tricks are useless because you won't know which ones to use and when. Your success as a lawyer will depend on your mastery of "It depends."

At this point, most commencement speakers segue Set your alarm, go to work, give value for what you are given, into the usual Dr. Seussending (which I, of course, and make sure to give your time and expertise sometimes have memorized because I have a five-year-old to those who could never possibly give you anything in daughter). It goes like this: "Will you succeed? return. And remember, above all, that the road to success Yesyou will, indeed. 98% % guaranteedl" But is littered with lots "of very attractive parking spaces. Skip that's not the right answer for law graduates. 'em. Keep driving. Successis the drive, not the destination.

You know from the last three years of your education I am truly honored to have been able to get to (particularly if you took securities regulation) that offering know all of you extraordinary people, and I look guarantees is hazardous, so here's the law graduate version: forward to seeing the many great things you all "Will you succeed? ... It depends ... It depends on you." accomplish. Good luck to you all, and thank you.

CELEBRATING 103 YEARS OF EXCELLENCE • Fal12013 11 Albie Sachs sat in silence for a few moments after he started practice as an advocate at the Cape Bar when he was introduced, and the audience grew silent with him. was 21, the bulk of his work involving defending people "It's November 1991. I'm driving toward the city of charged under racist statutes and repressive security laws. Cape Town, and I'm sweating ... " he began the story of his involvement in the struggle for equal rights for In 1966, he went into exile. After spending eleven homosexuals in South Africa. The former Constitutional years studying and teaching law in England, he worked Court Justice was at the University of Kentucky to deliver for a further eleven years in Mozambique as a law his Ray Lecture, The Sacred and the Secular: South Africa's professor and legal researcher. In 1988 he was injured Constitutional Court Rules on Same-Sex Marriages. In by a bomb placed in his car by South African security it, he told of the drive to give same-sex couples the right agents, losing an arm and the sight in one eye. to wed, the opposition, and the eventual ruling by the court that to deny them this basic right was to deny them After recovering from his injuries, he devoted himself their personhood under the South African Constitution. full-time to preparations for a new democratic Constitution for South Africa. He returned horne in 1990 and took Justice Sachs,who was appointed to the Constitutional an active part in the negotiations which led to South Court by Nelson Mandela in 1994, began his career in Africa becoming a constitutional democracy. human rights activism at the age of seventeen when, as a second year law student at the University of Cape Town, Justice Sachs commemorated his visit to the he took part in the Defiance of Unjust Laws Campaign. University of Kentucky by giving Dean Brennen Three years later, he attended the Congress of the People a copy of the South African Constitution, which at Kliptown where the Freedom Charter was adopted. He can now be seen hanging in the law library.

12 University of Kentucky Law Notes Yale Professor Akhil R. Amar on AMERICA'S UNWRITTEN CONSTITUTION

The right to privacy. One person, one vote. The presumption of innocence. As Americans, we think of these freedoms as our constitutional rights. But they can't actually be found in the Constitution.

"While they're not explicitly written in our Constitution, these things are part of America's working constitutional system-part of America's unwritten Constitution," says Akhil Amar, Sterling Professor of Law and Political Science at Yale University. Professor Amar delivered his Ray lecture on October 9,2012 at the College of Law. His remarks were based on his book America's Unwritten Constitution: The Precedents and Principles We Live By.

In the book, Amar guides readers through the landmark cases, implicit principles, common practices, and more that make up our unwritten Constitution, showing how the written and unwritten Constitutions fit together to form a single system. "The written Constitution cannot work as intended without something outside of it-America's unwritten Constitution-to fill in its gaps and to stabilize it," Amar says. "In turn, America's unwritten Constitution could never properly ignore the written Constitution, which is itself an integral part of the American experience."

Amar's lecture summarized the twelve different contexts for constitutional interpretation that he discusses at length in his book. The lecture was preceded by an hour-long question-and- answer session with law students and followed by a book signing and reception and dinner with local state and federal judges.

Go to our media page at www.law.uky.edu to see video of the event.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 13

ccasionally in the evenings after long days Oat work, Angela Edwards would overhear her husband, Brian, on the phone in the other room speaking with a client. Then a public There is a special place defender, Brian often had clients who were charged with terrible crimes like murder or rape. in heaven for criminal "I'd hear that patience and hear that respect from him toward another human being, and defense lawyers. respect for his or her rights," recalls Angela, UK Law Class of 1994. "There is a special place in heaven for criminal defense lawyers."

"You don't hear that very often," laughs Brian. "I can think of a handful of plaintiff's lawyers who would "Our system works because of it," says Angela. "If have a lot of bad things to say about me!" laughs Angela. you are anybody who believes in our justice system "Nothing from an ethical standpoint," Brian replies. and in innocent until proven guilty, you have to have "No one would ever say that she plays games or is criminal defense lawyers who represent people that unfair. She's very effective at what she does." others might not find particularly savory individuals. I have a deep respect for him having observed him Brian and Angela have a decidedly team oriented at his job and for having chosen that path." approach when it comes to their personal and professional lives together. After being appointed to the bench The Edwards both remember the first time they saw in 2009, Brian faced an election in 2010. Campaigns each other: in the hallway of the law school when are always demanding, but Angela's previous firm of Angela was a 1L and Brian, UK Law Class of 1996, was a Woodward, Hobson & Fulton merged with Dinsmore visiting prospective student. Early on they were friends just as Brian was being appointed to the bench, and she brought together by being" ... two lone University effectively had a new job. Additionally, their son Logan of Louisville fans stuck in Lexington," Angela says. started kindergarten in the fall of 2010 at the height of Listening to them talk about their life together, including the campaign work. They credit their legal training with career moves that took Brian to the Department of equipping them to effectively communicate not just with Pan-African Studies at the University of Louisville clients, but with each other. And, as they have at other before his appointment to the Kentucky Circuit times in their marriage, they divided and conquered the Court in Jefferson County, and Angela to partnership challenges of the merger, kindergarten and the campaign. with Dinsmore & Shohl LLP,you sense the shared "It's like a lot of things. You do it; it's not forever," said purpose and regard they have for each other. Brian. "The election comes and you don't have to do it "I tell folks all the time, you can just look at again for a while. But it was a rough year. It really was hard. our law school transcripts to determine who Working all day, campaigning at night, wanting to be home, was the smarter one," says Brian. feeling guilty that Angie was always on childcare duty."

"That's not true," protests Angela. "But then there are lasting fond memories of trekking around to weekend picnics," continues Angela. "Logan "I joke about that but she is seriously one of the smartest thought making the campaign commercial was people I've ever met," said Brian, the admiration evident in the best thing ever. We survived it as a family and, his voice. "In addition to being very cerebral and intelligent, compared to what other people have to go through, she has a really strong work ethic. She can sit and dig into it's an honor and a privilege to get to do it." complicated employee benefits cases. Most lawyers cringe when they think about doing that work. It's hard. It's boring. Lasting fond memories include Brian's investiture But she can get into it and she can do that work really well. when, after a lot of patient waiting, a tired and worn I think anyone who has ever dealt with her professionally out 5-year-old Logan held the family Bible on top wouldn't have a single bad word to say about her." of his head while Brian took his oath of office.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 15 The law can be a consuming profession, and sharing a vocation has many benefits, they said. They always have something important to discuss in which they are mutually interested. They never feel left out of each other's lives, and they have a thorough understanding of the challenges they are each facing. Similarly, they have a deep, mutual respect of the other's professional abilities.

"Anita is what 1call the nugget finder," said Gary. "If you have a case that is full of small details, you have to have someone go into that and find the nugget-the little bitty thing that determines whether you win or lose. Anita will find it. We pullout of her management role and put her into nugget finding and it works really well."

"How does that saying go? 'Even a blind squirrel will find an acorn'?" smiles Anita, rolling her eyes. "I think it's more that I will sit still and go through all the materials. He's a mover and a shaker, where I'm willing to sit quipped with pilots' licenses that allow them to quickly still and look at the details. We're great partners." Etravel between their offices in Pikeville, Hazard, and Lexington, Ky., Gary and Anita Johnson are partners She went on to detail Gary's accomplishments, including in business as well as life. As managing partners in the being named Peter Perlman Outstanding Trial Lawyer of firm of Gary C. Johnson, PSC,over the last 20 years the Year Award by the Kentucky Justice Association in they have negotiated the most effective way to run a 2008, and being a Kentucky Super Lawyer since 2007. successful law practice and a successful marriage. "Gary is well known in eastern Kentucky," saysAnita. "He "You just do as you're told," quips Gary. has shaped the way personal injury law is practiced up here. Most of the attorneys that are practicing in eastern "But seriously, the way we have it divided up it's really not a Kentucky worked for Gary at some point and then left problem," continues Gary, a graduate of the UK Law Class on good terms and they call him still. He's regularly of 1973. "I handle the litigation, I do most of the advertising called to teach seminars for both state and national trial that she chooses for me to do, naturally. Anita runs the lawyer association conferences. I'm proud of him. He law office as far as personnel. She screens cases too. We gives me something to talk about when I go places." just don't work that much together on the details in the practice. Though even when we have a situation where we "Anita's the brain and I'm the fluff," Gary smiles. work together on the details of a case, it still works out fine." "If I'm the brain, we are scraping the bottom," laughs Gary and Anita met and married when Gary was a young Anita. "We work together well. I'm not that crazy about attorney and Anita owned her own commercial chemical going out and presenting. I'm happier in the office." lab in Pikeville, Ky.After their first child was born, Anita sold her business and decided to go to law school. She "I don't have to worry about the office when I'm graduated with the Class of 1986, and she and Gary gone," Gary says. "I know there is someone have been practicing in the same office ever since. there who I can trust 1,000 percent."

16 University of Kentucky Law Notes s much as you may cognitively know it will happen, "Jane has the passion to be an attorney," says John. "That A turning around the day after a celebratory law school comes through every day when she talks about her job. graduation to study for the bar exam feels so wrong. She loves it. She has the work ethic to put in the hours Rollout of bed, go to the law school, watch the refresher that are required to be good at it. She has the makings video for the day, study in the law library for hours, take of a really good attorney. Much better than myself." a few short breaks, and then study more. It all adds up "Oh. hush up!" Jane Lyle replies, clearly flattered. to grinding weeks of work with so much riding on the outcome. Picking good study partners can be the key "John definitely has the people skills-he is so friendly so to staying focused and motivated. John Ghaelian and nice and understanding," says Jane Lyle. "He is very easy Jane Lyle of the Class of 2012 picked each other. The to talk to and wants to get to know people, and is good pair is engaged to be married on May 24, 2014. at getting people to feel comfortable around him, which is huge with the law. He works really hard. And he's very smart, "It's a good thing to go through something stressful and a very good writer. He's dedicated and just so cute!" together," saysJohn when asked about studying for the bar with Jane Lyle. "It's a good test to see if you can make it through tough times. And, I know, the bar exam isn't the worst thing you'll endure in life."

"It may not be the worst, but it's up there," laughs Jane Lyle, with a note in her voice clearly indicating the experience is still fresh in her memory.

"There were several intense moments," recalls John. "You're putting in all kinds of crazy hours. You're stressed. Interestingly, it worked out pretty well because while I wanted to study every hour of the day, Jane was really good at balancing it out."

"It was rough maintaining the drive to study for that long," says Jane Lyle.

"I might be the more motivating presence, but she was the calming presence, so it worked out well," saysJohn. "We both passed the first time out."

Since passing the bar, Jane Lyle is clerking for u.S. Magistrate Judge Edward B. Atkins in Pikeville, Ky. and John is clerking for Circuit Court Judge Janet J. Crocker in Simpson and Allen Counties, Ky.After being friends who worked on the Kentucky Law Journal together before finally starting to date their 3L year, they both see great legal careers in the other's future.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 17 BA magna cum laude from on to clerk for Judge John the United States as well as a Brown University, and her Rogers of the United States wide variety of civil litigation J.D. from New York University Court of Appeals for the and appeals. Before joining School of Law, where she was Sixth Circuit. Following his the US Attorney's Office, she Editor-in-Chief of the Review c1erkships, Professor Schueler served as Managing Attorney of Law and Social Change. Her served in the United States of Mid-Hudson Legal Services primary research interests Department of Justice's in Poughkeepsie, New York. involve the intersections Honors Program as an attorney In that office, she handled among criminal law, advisor for the Executive trial and appellate cases in all criminal procedure, gender, Office for Immigration Review, New York and federal courts. sexuality, and remedies. the administrative agency In addition, she litigated CORTNEY LOLLAR that adjudicates immigration and argued Juidice v. Vail Assistant Professor of Law Lollar and her partner, Josh cases. Professor Schueler will before the United States Barnette, are members of teach Immigration Law and Supreme Court. Before joining Prior to joining the faculty a long-distance running Professional Responsibility in Mid-Hudson Legal Services, of law at University of relay team. They ran the his first year at the College of Professor Grise served as a Kentucky, Professor Lollar famous Hood to Coast relay Law. Outside of teaching, he Law Clerk for Judge Jack Day was a clinical faculty fellow at in Oregon last summer, enjoys spending time with his at the Ohio Court of Appeals. Washington University in St. and ran the Cascade wife and daughter, especially Professor Grise received Louis, where she taught the Lakes relay this August. at local parks. He also plays her BA from the University criminal justice clinic and a golf and is a fan of the Buffalo of Wisconsin, where she seminar on sex crimes. She Bills, Michigan Wolverines, received the Vilas Prize for the previously represented adult and Kentucky Wildcats. best undergraduate thesis. and juvenile defendants at the She received her J.D. cum Federal Defender Program laude from the University of in Atlanta, Georgia, and the Wisconsin Law School, where Public Defender Service for she received the Outstanding the District of Columbia. As a Service Award. In her free time, public defender, she argued Jane enjoys traveling with before the U.S. Court of her husband and two adult Appeals for the Eleventh children, taking long walks with Circuit and submitted petitions her dog, Darby, and editing her to the Supreme Court of the 94-year-old mother's books. United States. Professor Lollar COLLIN SCHUELER served as a legal consultant Visiting Assistant Professor in India for the Initiative for Medicines, Access, and Professor Schueler received JANE BLOOM GRISE Knowledge, working to his undergraduate degree Director of Academic Success with highest distinction from increase access to generic & Assistant Professor medicines, and helping to the University of Michigan. of Legal Writing prepare briefings for public Professor Schueler then health organizations, such as graduated from the University Jane Grise has taught Legal the World Health Organization. of Kentucky College of Writing since 1997. Prior to Law, where he served on She also has worked as a joining UK Law, she was in research assistant to the United the Kentucky Law Journal, private practice specializing Nations Special Rapporteur on received the Faculty Cup for in international adoption Violence Against Women and outstanding contributions law. Before moving to MARIANNA JACKSON CLAY with the Defender Association to the law school, and was Lexington, Professor Grise Visiting Professor of law of Seattle, Legal Aid Society's elected as a member of the was an Assistant United States Order of the Coif. After law A former Department of Prisoner's Rights Project in New Attorney in the Southern school, Professor Schueler Justice employee, Professor York, the Center for Justice District of New York. As Deputy Clay was the 1978 College and International Law in Chile, clerked for Judge Karen Chief of the Civil Division as of Law valedictorian, the first and Human Rights Watch's Caldwell of the United States well as Chief of the Civil Rights woman to earn that honor at International Justice division. District Court for the Eastern Unit, she handled complex District of Kentucky. He went UK. She also graduated with Professor Lollar received her civil rights cases initiated by

18 University of Kentucky law Notes RICHARDC. (Rights): Nozick, Libertarianism, AUSNESS' article and the Estate Tax," is forth- "The Supreme Court coming in the Maine Law Review. and the PPL Montana In May, she helped to organize Case: Examining the and presented at Relationship Between the 9th Annual Junior Tax Navigability and State Ownership Conference at the University High Distinction and Order of Submerged Lands" has been of Miami Law School in May. of the Coif, and served as published in the Virginia Environ- Comments Editor ofthe mental Law Journal. His article DAVIDA. Kentucky Law Journal. After "The Disorderly Conduct of Words: BRENNEN's is the graduation, Professor Clay Civil Liability for the Dissemination co-editor of Beyond served as a staff attorney for of False or Inaccurate Information" Economic Efficiency the newly created Kentucky in United States Tax Court of Appeals. In 1979, has been accepted for publication Law (with K. Brown shejoined the United States in the South Carolina Law Review. Attorney's Office for the and D. Jones) forthcoming this EasternDistrict of Kentucky JENNIFER year from Aspen. He presented on as an Assistant United BIRD-POLLAN the panel "'Grasping the Nettle' StatesAttorney. Shewas presented "Nozick, Legal Education Crisis? Law appointed First Assistant Libertarianism, and School Deans Engage," atthe United StatesAttorney for the Estate Tax" at 2013 Southeast Association of Law the EasternDistrict in 1992. Harvard University in Schools Annual Meeting. Following her appointment November, as part of its Tax Policy as First Assistant, Professor Colloquium. Her article "The STEPHEN Clay was named Senior Unjustified Subsidy: Sovereign CLOWNEY's Litigation Counsel for the Wealth Funds and the Foreign essay, "Doing EasternDistrict of Kentucky. Affirmative Action," In 2009, ProfessorClay was Sovereign Tax has been published appointed Assistant Director Exemption" was published in on Impressions, for Civil Litigation instruction Volume 17 of the Fordham Journal First at the National Advocacy of Corporate and Financial Law, the online companion to the Center in South Carolina, a and "Death, Taxes, and Property Michigan Law Review. "Landscape residential training facility for Department of Justice attorneys nationwide. ProfessorClay isthe mother of two daughters and one Professor SCOTT R. BAURIES spent the summer small rescuedog. She of 2012 in Johannesburg, South Africa, where he spends much of the year was invited to conduct and present a comparative abroad in the Dominican study between education provisions in the South Republic and elsewhere. African Constitution and those in American state She is studying Spanish constitutions. The results of this study are now in an effort to assimilate published in the South African Public Law Journal to her part-time home. at the University of South Africa in Johannesburg. According to Professor Clay,the most important After the conference, he traveled to Cape Town where he worked with an aspect of her appointment education professor from the University of Stellenbosch on plans for a future isthe students. Shedeeply project analyzing educational governance and the rights of educational enjoys the classroom, and employees in South Africa and the l.l.S.While in Cape Town, he met Justice the impact she can have on the future of the College's Albie Sachs, formerly of the Constitutional Court of South Africa, who would graduates. Clay remembers visit the College of Law in April 2013 to deliver the Ray Lecture, The Sacred and herfather, Judge Robert the Secular: South Africa's Constitutional Court Rules on Same-Sex Marriages Jackson,taking her to (see pg. 12). Bauries hopes to return to South Africa when scheduling allows. Moot Court practice at the College of Lawwhen she Bauries' article "The Education Duty" was printed in the fall 2012 edition of wasa child. She hopes to the Wake Forest Law Review. He was named Chair-elect of the Education pass on the excitement and Law Section of the AALS. He has two chapters in Volume 6 of Debating challenge of "lawyering" Issues in American Education, a multi-volume series published in 2012. to new generations.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall 2013 Fairness: Removing Discrimination Law Governing Our Democratic KRISTIN From the Built Environment" is Process at George Washington HAZELWOOD wrote forthcoming in the Utah Law Review. University, and on Negotiating the the Effective Legal Extremes: Impossible Political Writing column for the ALLISON CONNELLY Dialogues in the 21st Century, at the November edition of moderated a panel on Cardozo School of Law Journal of the Kentucky Bench & Introductions to Social Conflict Resolution Symposium. Bar, "E-mails to Clients: Avoiding Justice Practice in Professor Douglas also published a Missteps." She presented "Effective Lexington and Beyond number of commentaries and Student Conferences: Designing a at the Lassiter op-eds on the 2012 presidential Conference that Meets Student and Distinguished Professorship election. Earlier this year, he was Professor Needs" at the Southeast Conference on Lawyering in the elected to the Executive Committee Regional Legal Writing Conference Public Interest last fall. She of the AALS Section on Legislation in Savannah, Ga. presented "The Top Criminal Law and Law of the Political Process. Decisions from the 2011 Term of the PIERCE HAMBLIN United States Supreme Court" to WILLIAM FORTUNE's is the recipient of the the Kentucky ACLU, along with new book, Call Me 2013 Kentucky Bar Melynda Price and Paul Salamanca. Mac, a biography of Association Service to Judge Mac Swinford, Young Lawyers Award, MARY J, DAVIS was published last fall. in part for his work as presented "Disaster It is available from local an adjunct professor at the College Federalism: Preemption Lexington booksellers, or through of Law. The award was presented at of State Common Law Professor Fortune. He has been the Kentucky Bar Convention in Tort Claims in the following up the publication by Louisville later in June. Context of Disaster" doing slide presentations on Judge at the Torts and Compensation Swinford for the Fayette and ROBERTA M. Systems Section and Environmental Kentucky Bar Associations. HARDING completed Law Section panels at the the textbooks Criminal Association of American Law CHRISTOPHER W. Law for First Year Law Schools Annual Meeting in 2012. FROST has been Students: Cases and named to the Materials, 2nd ed. JAMES M. Avoidance Powers (2012); Criminal Law: Case Studies, DONOVAN has Advisory Committee of 1st ed. (2012); and Race, Racism published his article the American and the Criminal Law: An "Becoming Director: An Bankruptcy Institute Commission to Interdisciplinary Approach, 5th ed. Internal Candidate's Study Reform of Chapter 11. He (2012). She was a panelist on Using View" in Volume 34 published" Another Look at Expert Witnesses at the Lassiter of Library Management. He wrote Mediation in Bankruptcy" in the . Distinguished Visiting Professor the introduction to Bronislaw January edition of the West Conference on Lawyering in the Malinowski's, Crime and Custom in Bankruptcy Law Letter. Public Interest at the University of Savage Society (Transaction, 2013). Kentucky College of Law in 2012. He presented "The Four Possible BRIAN FRYE has had Relations of Custom to Law" at the two articles published MELISSA N. HENKE 2013 Law and Society Association. on John Marshall Harlan: presented" Introducing "John Marshall Harlan: First-Year Law Students JOSHUAA. Professor of Law" (with to Client DOUGLAS' Indiana M. McCloskey). and Correspondence" at Law Journal article, "John Marshall Harlan: Lectures on the Legal Writing "Procedural Fairness in Constitutional Law" (with J. Institute One-Day Workshop at the Election Contests," was Blackman and M. McCloskey), both University of North Carolina School cited by the Wyoming in the George Washington Law of Law. She co-presented "We Are Supreme Court in Rock v. Lankford, Review. He presented Family: Effective Ways to Integrate a case involving a disputed election. "Epistemological Skepticism & the Legal Research & Legal Writing He placed his article, "The Right to Motion Picture Evidence" at the Components of a First-Year LRW Vote Under State Constitutions" George Washington University Course Even when Taught with the Vanderbilt Law Review. Last Law School in 2013. Separately," and "The Sun Shines fall, he was a panelist on Law and Bright on our New Kentucky Legal Democracy: A Symposium on the

20 University of Kentucky Law Notes Research & Writing Program" with ROBERTG. PAUL E. Diane Kraft at the at the Association LAWSON's most SALAMANCA of Legal Writing Directors 2013 recent editions of the presented "The Top Biennial Conference. Kentucky Evidence Law Criminal Law Decisions Handbook and from the 2011 Term of NICOLE included supplement the United States HUBERFELD has two will be published this year Supreme Court" with Allison recently published by LexisNexis. Connelly and Melynda Price to the articles: "Heed Not the Kentucky ACLU. He was a panelist Umpire (Justice KATHRYN L. MOORE on "Constitutional Implications of Ginsburg Called NFIB)." has published two Legislation Concerning Sharia Law in the University of Pennsylvania articles: "Social and Other Religious Laws," at the Journal of Constitutional Law: Security in an Era of Kentucky Bar Association Annual Heightened Scrutiny, and "Plunging Retrenchment: What Convention last year. into Endless Difficulties: Medicaid Would Happen if the and Coercion in the Healthcare Social Security Trust Funds Were ROBERTG. Cases," in the Boston University Law Exhausted?" in the ABA Journal of SCHWEMM's article, Review. She presented "Healthcare Labor and Employrnent Law, and "Disparate Impact as a Vehicle for Constitutional "The Lexington-Fayette Urban Under the Fair Housing Change" at the Loyola Chicago County Board of Adjustment: Act: A Proposed Constitutional Law Colloquium, and Fifty Years Later," in the Approach," has led to "Healthcare Reform Upheld: The Kentucky Law Journal. the adoption of final regulations by Patient Protection and Affordable the Department of Housing and Care Act After the Supreme Court" MELYNDA J. PRICE Urban Development (HUD) at the Kentucky Defense Counsel presented "99 endorsing use of the Annual Meeting. Problems" (with Allison "discriminatory effect" standard Connelly) at Rebuilding under the federal Fair Housing Act. MARK F. the Block, at the Schwemm's paper, which was KIGHTLINGER University of Kentucky, co-authored by Sara Pratt (now a published "Two and a and "The Top Criminal Law senior civil rights official Half Ethical Theories: Decisions from the 2011 Term of the at HUD). was presented to the Re-examining the United States Supreme Court," (with Obama administration by civil Foundations of the Allison Connelly and Paul Salamanca) rights organizations in 2010. The Carnegie Report" in Volume 39 of to the Kentucky ACLU. paper was also published on the the Ohio Northern University Law Social Science Research Network, Review. FRANKLIN L. RUNGE from which it has been downloaded served as Interim Head more than 480 times. DIANE B. KRAFT of Admissions at the presented "Teaching College of Law after BEAU B. STEEN KEN Legal Writing to the retirement of presented" Journal International and ESL Associate Dean of Staffers: Midway Students: Plagiarism" Admissions Drusilla Bakert. between Student and at the Legal Writing "Keeping Up with New Legal Titles," Faculty" (with Franklin Institute One-Day Workshops at his book review on R. Kent Runge), and "Legal Washburn University School of Law Newmyer's The Treason Trialof Research Instruction Unchained: and the Michigan State University Aaron Burr: Law Politics, and the the Freedom and Flexibility of Using College of Law. She co-presented Character Wars of the New Nation, Self-Produced Materials in Lieu of a "We Are Family: Effective Ways to was published by The Law Library Text" at the 2013 Southeastern Integrate the Legal Research & Journal. He presented" Journal Chapter of the American Association Legal Writing Compo- nents of a Staffers: Midway between Student of Law Libraries Annual Meeting. At First-Year LRW Course Even when and Faculty" with Beau Steen ken at the 2012 meeting he presented Taught Separately," and "The Sun the 2013 Southeastern Chapter of "First Steps of a Longer Journey: Shines Bright on our New Kentucky the American Association of Law Incorporating Ideas from the SEAALL Legal Research & Writing Program" Libraries Annual Meeting. Institute into Legal Research with Melissa Henke at the at the Programs at UK and USC" with Ryan Association of Legal Writing Valentin and Terrye Conroy. Directors 2013 Biennial Conference.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 21 RICHARDH. UNDERWOOD Professor's Film Gives a is a member of the ABA standing committee on Private Look at Nixon's Ethics and Professional Responsibility. Last month White House Days they published the ABA's new opinion, No. 463, an attempt to reconcile the loyalty and confidentiality provisions of the Model Rules with the 201 O-issued Golfer, pilot, marathon runner, scuba diver. UK Law professors Voluntary Good Practices Guidance for wear many hats when they're not in the classroom. Now add Lawyers to Detect and Combat Money award-winning filmmaker to their collective resume. Our Laundering and Terrorist Financing. His Nixon, co-produced by Assistant Professor Brian Frye, has article "Ringers Revisited" has been taken home the Ken Burns Award for Best of the Festival at accepted by The American Journal of the Ann Arbor Film Festival, the Seattle International Film Trial Advocacy. Festival Best Documentary Grand Jury Award, the International Film Festival Boston Karen Schmeer Award for Excellence RYAN A. VALENTIN in Documentary Editing, and the AFI Docs Adrienne Shelley presented "First Steps Award for Excellence in Filmmaking. It has been broadcast of a Longer Journey: on CNN starting August 1 and was released theatrically in Incorporating Ideas from New York, Los Angeles, and other cities on August 31. the SEAALL Institute into Legal Research Programs Our Nixon is a at UK and USC" with Beau Steen ken feature-length and Terrye Conroy at the Southeastern documentary Chapter of the American Association comprised of Super of Law Libraries Annual Meeting. 8 home movies shot by top Nixon aides SARAH N. WELLING H.R. Haldeman, published "Revising the John Erlichman, Federal Crime of and Dwight Chapin Gratuities" in the Arizona between 1969 Law Review this year. She and 1972. Frye conducted a meeting of and co-producer Penny Lane paid for the digital transfer of the Sixth Circuit Criminal Pattern Jury 204 rolls of film documenting the public and private events Instruction Committee in April, surrounding the White House-from the Apollo moon landing finalizing updates and a new chapter and the Republican National Convention to Erlichman and of elements instructions on child Secretary of State Henry Kissinger relaxing on the beach. exploitation offenses. In December, Frye and Lane write that the home movie makers "carefully she accepted a nomination to be a documented their time with Nixon because they believed Fellow in the American Bar Foundation. that Nixon would transform America." The films, which were seized by the FBI during the Watergate investigation, had RICHARD A. WESTIN's remained in storage and largely forgotten for the past 40 years. article" A Comparative Study ofTax-Motivated Frye, who was named one of Filmmaker Magazine's "25 Expatriation II was New Faces of Independent Film," joined the College of Law published in the Journal faculty in 2012. His legal scholarship concerns interactions of International Taxation, between the law and the arts, focusing on issues relating in two installments. He has agreed with to nonprofit organizations and intellectual property. He the Bureau of National Affairs to revise teaches Civil Procedure, Copyright, Intellectual Property, his two portfolios (Nos. 601 and 603) Nonprofit Organizations, and Art Law at the College. on the federal taxation of mineral exploration and development, and the The film was shown in Lexington on July 25 at a special federal taxation of mining operations. screening to benefit the Kentucky Theater, and featured Each portfolio is an extensive study. a panel moderated by Professor Chris Frost. Watch the College of Law website and Facebook page for information on upcoming viewing opportunities.

22 University of Kentucky Law Notes UK College of Law professors, alumni, and friends turned out Friday, May 10 for a celebration honoring Professor Bill Fortune, and the service of all retired University of Kentucky College of Law Hall of Fame professors. The UK College of Law Alumni Association hosted the event at UK's Hillary J. Boone Faculty Center. Fellow Professor Bob Lawson paid tribute to Professor Fortune at the event, as did District Judge Karen Caldwell (UK Law 1980), Kentucky Deputy Chief Justice Mary C. Noble (UK Law 1981), and UK Law Alumni Association Chairman Christy Trout (UK Law 2002).

A Lexington native, Professor Fortune graduated from UK Law in 1964. After five years of service with the firm that was to become Stites & Harbison, he joined the College faculty in 1969. It is estimated that Fortune has taught more courses at the College than any faculty member in its history. Outside of UK, his commitment to the legal community through his service to the Kentucky Bar Association and Public Advocacy Commission, his work as a public defender, and his dedication to providing other social services throughout the Commonwealth led to his induction into the Hall of Fame in 2012.

"What drove him for 43 years was the concern that he had for students and trying to prepare them for what was ahead," Professor Lawson said in a 2012 article on Fortune. "He was a perfect model for them as a person, as a lawyer and as a law professor."

All profits from the event will benefit the Paul C. Van Booven Fellowship Endowment Fund, which provides scholarship support for students. If you'd like to join in making a gift in honor of Professor Fortune's retirement, please visit http://www.law.uky.edu/giveto.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall 2013 23 rd UK College of Law Golf Tournament

Thanks to our sponsors and all of the teams who showed up for the third annual College of Law Golf Tournament' It was a perfect spring day and over $12,500 was raised for the College's academic initiatives.

The second annual UK Law Golf Tournament on Monday, May 21, at Champion Trace Golf Club was a huge success I Perfect weather and eighteen teams of UK Law alumni, faculty and friends made for a great day of friendly competition, and the tournament was able to raise generous funds for the academic initiatives ofthe law school, including student scholarships and public interest opportunities.

We greatly appreciate all of the alumni and faculty who were able to participate, and we are already making plans for next year's event. Be on the lookout for details-we hope to see you there!

24 University of Kentucky Law Notes Thank you to our lunch sponsor, AZUR Restaurant & Patio.

@L.FXUS

Thank you to our Hole-in-One sponsor, The Lexus Store of Lexington.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 25 2012 2010 JOHN GHAELIAN placed his DANIEL MUDD article, "Restoring the Vote: was recently elected Former Felons, International to serve as Chair of Law, and the Eighth the Kentucky Bar Amendment," in the Hastings Association Taxation Constitutional Law Quarterly. Section, effective July 1, 2013. Mudd is an DEREK HALL has joined associate in Frost Brown Todd's Frost Brown Todd's Lexington Regional State Tax and office in their bankruptcy and Incentives team. He has restructuring practice group. experience in the areas of sales and healthcare-related tax, BRAD L. HART has joined tobacco tax and energy Bass, Berry & Sims as an exemptions. In addition to his 2010 associate in Corporate and new role as Chair of the KBA Securities Practice, in the Taxation Section, he serves as the In April, JASON T. SAUER, firm's Nashville office. General Counsel and Secretary a Lieutenant in the U.S. of the Young Professionals Navy Reserves, completed JASON WOODALL Association of Louisville (YPAL), a 14-month deployment has joined Sturgill, as well as the Chair of to Afghanistan in support Turner, Barker & YPALSLegal Committee. of Operation Enduring Moloney as an Freedom. Stationed at the associate attorney. Kabul headquarters of NATO Woodall's practice Training Mission-Afghanistan will focus on workers' compen- 2008 (NTM-A), Sauer served as sation, insurance defense, a senior military advisor business law, and civil litigation. DREW MILLAR, to the Afghan National Prior to joining Sturgill Turner, an associate in Army General Staff for Woodall was a staff attorney for Dinsmore's Intelligence. He led over 170 Jefferson Circuit Court Chief Lexington office, outside-the-wire advising Judge Audra J. Eckerle. received the 2012 missions, including on-site Alice Neely assessments of Afghan Memorial Award, established to forces in Kandahar and recognize outstanding associates Helmand provinces, and 2011 who are dedicated to the served as NTM-A's action practice of law, relate well to officer for the development BRITTANYC. clients, have a positive attitude and fielding of new MACGREGOR even in adverse situations, and intelligence capabilities to formerly of Fogle make a genuine effort to the Afghan Army in advance Keller Purdy, has personally know others in the firm. of the 2014 withdraw of U.S. joined McBrayer, and coalition forces. Sauer McGinnis, Leslie & is an associate at the New Kirkland as an associate in the York law firm of Skadden, firm's real estate practice group. Arps, Slate, Meagher 2006 & Flam, where he is a ROBERT M. CROFT, JR., an member of the mergers & associate in Dinsmore's Louisville acquisitions practice group. office, has been selected as a 2013 YMCA Adult Black Achiever. The Black Achiever program seeks to provide educational and career opportunities for youth, utilizing volunteers and role models, such as Mr. Croft.

University of Kentucky Law Notes 2005 2000 1998 ELLEN C. KUENDIG has LARRY JONES was ROBERT D. joined Frost Brown Todd's named Attorney At HUDSON, a Lexington office as part of their Law Kentucky's member of Frost Business Litigation practice. Lawyer of The Brown Todd, has Her experience is in the areas Month. He is a authored a book of premises liability, products partner at Jones on business and liability, coal-related disputes, Ward, where his practice focuses economic development entitled insurance coverage, bad faith primarily on class action, mass A Better Tomorrow: Fighting for litigation, and other complex tort (pharmaceutical and Capitalism and Jobs in the personal injury claims. medical device injury), and Heartland. The book, published personal injury cases. by Saratoga Press,addresses SARA VEENEMAN the recession, recovery, and a is a member of the business approach for our Wyatt Tarrant & nation's economic future, and Combs' Litigation & 1998 was recently awarded National Dispute Resolution Runner Up in the E-Literature Service Team. She CLIFF Book Awards for best political concentrates her practice in ASH BURNER has and economic books of 2012. commercial litigation and been appointed by appellate law. Ms. Veeneman Louisville Mayor practices in the firm's Greg Fischer as Louisville office. chair of the Energy 1995 Team for Vision Louisville. Vision Louisville is described on the HASAN DAVIS is city's website as a "community among a group of 2004 process to guide the future look, state leaders from feel and flow of Louisville in the across the nation SHARON L. GOLD is a next 25 years." Ashburner is a selected for the partner at Wyatt Tarrant & partner at Wyatt, Tarrant& Combs. prestigious Toll Combs' Lexington office. She Fellowship Program sponsored concentrates her practice in all by the Council of State areas of commercial litigation Governments. Davis is the including class actions, inter- 1997 Commissioner of the Kentucky ference with business cases, Department of Juvenile Justice. breach of contract matters, BRYAN H. BEAU MAN has breach of fiduciary duty actions, returned to the firm of Sturgill, products liability suits, and Turner, Barker & Moloney. other complex litigation. Beauman will be a partner of 1994 the firm with a practice that will focus on constitutional law LAURIE K. and civil rights, education law, DUDGEON is 2003 employment law, insurance among a group of law and public entity defense. state leaders from WHITNEY FRAZIER WATT was Beauman first joined Sturgill across the nation recently appointed co-chair Turner following his graduation selected for the of the American Bar Associa- from the University of Kentucky prestigious Toll Fellowship tion's Women in Products College of Law. He has more Program sponsored by the Liability Subcommittee. Her than 15 years of litigation Council of State Governments. term will last two years. Watt experience, having recently Dudgeon has served as director is a member of Stites & Harbi- served as Senior Counsel of the Kentucky Administrative son's Torts & Insurance and for the Alliance Defending Office of the Court since 2009. Business Litigation Service Freedom from 2010-12. Groups, and she practices in their Louisville office.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall 2013 1993 WILLIAM T. DONNELL has joined the Louisville firm of Middleton Reutlinger. Donnell spends the majority of his time defending personal injury lawsuits for The University of Kentucky College of various trucking companies and Law Alumni Association recognized the insurers, primarily in the areas of following alumni at the Kentucky Bar trucking accidents, transportation Association Annual Convention in June: litigation, professional negligence , .. and automobile liability. bestowed upon an individual who STEVE OLSHEWSKY placed his graduated from the University of article, "Answering the Divine Kentucky College of Law 50 or more Grace of Time" in Quaker Life years ago, who has demonstrated 1994 exceptional leadership in his or her Magazine. He is a tax professor profession and/or community, and JIM WOOLERY was at Sullivan University and works has made a positive impact on the named deputy chairman of for The National Campaign well-being of the UK College of Law, Cadwalader, Wickersham for a Peace Tax Fund. the Commonwealth of Kentucky, & Taft, and co-chair of the or elsewhere in the nation. firm's corporate department. Woolery, who most recently George D. Schrader 1955 served as co-head of JP 1990 Morgan Chase & Company's • • North American Mergers and THOMAS E. RUTLEDGE, for outstanding service to the legal Acquisitions Departement, a member of Stoll Keenon Ogden, profession, bringing honor to the has been involved in some presented the annual Gunderson profession and encouraging creative Lecture on October 1, 2012 at ways to deal with specific identified of the most important M&A issues in the administration of justice. transactions in recent history, The University of South Dakota including a range offriendly, School of Law. His presentation J. Gregory Wehrman 1969 hostile, activist-defense was titled "Transaction Cost and corporate governance Engineer as a Higher Calling: •• •• reviews on behalf of public A 'Corporate' Attorney's Effort designated to recognize noteworthy company boards. He is also to Meld History and Law." accomplishment or sustained responsible for business excellence in a particular area of development, strategy law or other chosen profession. and external relations. Laura Day DelCotto 1986 1989 Sheryl G. Snyder 1971 R. DOUGLAS MARTIN hasjoined • • •• Sturgill, Turner, Barker & Moloney given to a graduate who has as a partner with a practice provided outstanding leadership that will focus on real estate in his or her community, to aid law, business law, governmental and benefit causes not necessarily law and health care law. related to the legal profession. A. Stuart Bennett 1982 Anita M. Britton 1982 ...... given to graduates within the past 10 years who have distinguished themselves professionally. Carl Frazier 2007 Sara Beth Gregory 2007

28 University of Kentucky Law Notes 1985 1982 JEFFREY D. THOMPSON WILLIAM G. GEISEN has joined has joined Hurley, Rogner, Stites & Harbison as a member Miller, Cox, Waranch & of the firm's Construction Westcott (HRMCW) as lead Service Group. Geisen is the attorney and chair of the only attorney from the greater firm's civil litigation practice. Cincinnati area who is a Fellow in the American College of Construction Lawyers, an honor reserved for the top 1% 1984 of the U.S. construction bar. BILLY J. MABRY has joined JOHN MERCHANT the Louisville firm of Middleton has been named Reutlinger. Mr. Mabry 1978 managing partner of concentrates in the health law the Cincinnati office field having more than twenty J. MICHAEL WILDER of Peck, Shaffer & years of experience representing received the Legend Williams. Merchant, hospitals, physicians, home in Law award from the who has been involved in public health agencies, nursing Burton Awards for Legal finance law for more than 25 homes, provider sponsored Achievement, a national years, has worked on a wide organizations, teaching awards program run in variety of projects over his career, facilities, diagnostic centers, association with the Library including health care, economic ambulatory centers and others. of Congress. The awards development, and traditional are given to outstanding issue transactions. CAROLE C. SCHRIEFER has general counsel of major joined the Health Law Firm as corporations who have DAVID C. TRIMBLE an attorney at its Altamonte excelled during their careers has been named a Springs, FI. Office. Her practice in law. The winning general member at Frost encompasses most aspects of counsels were chosen from Brown Todd. He health law and nursing law. nominations received from is in the insurance managing partners in the and tort defense GEORGE J. nation's 1,000 largest law practice group, and has MILLER has been firms. Wilder, who was represented insurance industry elected as a Fellow nominated by Frost Brown clients in coverage, regulatory, to the College of Todd, currently serves as vice and bad faith/unfair claims Labor and president, general counsel practices matters throughout Employment and secretary of Marathon Kentucky and Tennessee. Lawyers. Election as a Fellow to Petroleum Corporation, the the College is the highest nation's fourth-largest refiner. recognition by one's colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence. Miller is a partner in the Lexington office of Wyatt, Tarrant & Combs, and is a member of their Labor & Employment Service Team.

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 1979 1975 CHARLES D. WILLIAMS was STEPHEN BRIGHT was recognized by the American honored last November for 30 Forest Foundation at its annual outstanding years of service at convention in June 2012 as the Southern Center for Human one of the top four outstanding Rights' 16th annual Frederick tree farmers in the nation. He Douglass Awards Dinner in was also recognized by the Washington, D.C. He is currently Arbor Day Foundation with its the Yale Law School Harvey national Good Steward Award Karp Visiting Lecturer in Law. "for a lifetime of planting trees." Williams operates West Wind Farm in Hart County, Ky. He practices law in Munfordville, Ky. 1973 1969 MARK P. BRYANT, President JOHN S. ELDRED joined of the Bryant Law Center in the law firm of Keller and 1978 Paducah, KY,has been appointed Heckman in 1978, and is the by Governor Steve Beshear founder of their Shanghai THOMAS L. ROUSE recently to the University of Kentucky Office. Mr. Eldred has spent received the Richard Lawrence Board of Trustees for a six-year more than twenty-five Lifetime Achievement Award term ending June, 2018. years advising clients with from the Northern Kentucky Bar respect to the regulation Foundation, and was inducted MARCIA RIDINGS in the United States of into the Northern Kentucky was elected to the foods and food packaging, Sports Hall of Fame for his American Bar drugs, dietary supplements, activities as an athlete, official, Association Board of medical devices, cosmetics, coach, and attorney for the Governors in January. pesticides, consumer Northern Kentucky Athletic Ridings, who was the products, toys, and industrial Conference. On July 1, he was first female president of the and specialty chemicals. sworn in as President of the Kentucky Bar Association, is an Mr. Eldred also advises and Kentucky Bar Association. attorney at Hamm, Milby & represents food industry Ridings, in London, Ky., and is a clients and chemical member of the College of Law manufacturers with respect Visiting Committee. She took to the requirements of 1977 office in August. international government bodies. Mr. Eldred is a JAMES A. DRESSMAN III is frequent speaker on food the new managing partner of and drug law and chemical DBL Law. Dressman has over 35 1948 regulation to audiences of years of experience representing U.S., European, and Chinese commercial banks and other WALTER C. COX, JR. has industry associations businesses in complex financial been appointed to the Board and companies. transactions. He joined the firm of Directors of the Lexington in 1977 and is currently the Better Business Bureau. head of the commercial law and banking practice group.

University of Kentucky Law Notes Robert Shearer (1952) 1928-2013

Robert Bruce He conducted seminars for businesses in the Shearer, Class of practices of the government construction and 19S2, passed away contract and bidding systems. He served on January 9, 2013. as Of Counsel to Dayton businesses that Mr. Shearer was a held government contracts. In 1999-2000, Lexington native and working under a grant from the Bureau of, graduated from Indian Affairs, he researched and examined Henry Clay High federal law and the relationship between School in 1946. He the federal government and American always wanted to be Indian tribes. Mr. Shearer was a member an attorney-the of the Bars in Kentucky and Ohio and Henry Clay newspaper, in the edition featuring was admitted to practice in many federal the senior class, predicted that one day he courts, including the Armed Forces would be the best divorce lawyer in Lexington. Board of Contract Appeals and the Knowing that he would need financial help Supreme Court of the United States. to attend college, he enlisted in the U.S. Army and served in Occupied Japan from Despite his accomplishments, most 1946-1948. After returning home, he important to Mr. Shearer was his family- enrolled at UK with his GI Bill benefits. his wife Pearl, whom he married in 1953 and who preceded him in death in 1988, After graduating, Mr. Shearer moved to the and his three children, Terrie, Cindy, and Dayton, Ohio area where he worked for many Rob. Mr. Shearer had five grandchildren years at Wright-Patterson Air Force Base as a trial and one great-grandchild. Though he attorney for the Staff Judge Advocate and as a spent his last years in Marin County, professor of Government Contract Law for the Ca., he was always seen wearing a Air Force Institute of Technology. He was active UK hat, and he was buried, per his in civic affairs in the Dayton suburb of Huber wishes, in his home state of Kentucky. Heights. After retiring from federal employment, he opened a private law practice, specializing As told by his daughter, in government and construction contract law. Terrie Shearer Gutwein

Dr James M. Collier 1947 Mr. John M. Stuard 1965 Mr. W. Lewis Brown 1973 Mr. Bob Ed Vick 1948 Mr. H. G. Baldridge 1966 Mr. Fred S. Bachmeyer 1973 Mr. John C. Anggelis 1949 Mr. Lister Witherspoon IV 1966 Mr. Maxwell P.Barret, Jr. 1974 Dr. Delmer Ison 1951 Mr. Escum L. Moore, Jr. 1966 Mr. Darryl R. Callahan 1974 Mr. Robert B. Shearer 1952 Mr. Robert F. Barrett 1966 Mr. John S. Burgin 1976 Mr. Kenneth N. Ragland 1958 Mr. Donald W. Webb 1967 Mr. Jerry W. Guffey 1977 Mr. Charles E. Palmer, Jr. 1958 Judge Robert J. Jackson 1967 Mr. Harry D. Rankin 1978 Mr. William R. Forester 1959 Dean Kathleen F. Brickey 1968 Mr. Ralph P.Dodds 1980 Mr. Robert T. Harrod 1959 Mr. Dennis E. Bricking 1968 Sandra L. Mayes 1981 Judge Larry D. Raikes 1960 Mr. Carroll B. Coslow 1970 Mr. J. Brent Travelsted 1988 Mr. James H. Jeffries 1111960 Mr. Harry E. Budden, Jr. 1973 Mrs. Heather H. Bruser 2003

CELEBRATING r03 YEARS OF EXCELLENCE • Fall 2013 31 The First Years

By Rebekah Tilley

While he was working as a ultimately moved from Los Angeles to Atlanta. Until stand up comedian in Los finally over Christmas break in 2007, Washington Angeles, someone gave picked up the book and read it cover-to-cover. Booker 1. Washington III a ticket that would "Sure enough, it was so compelling," recalls Washington. ultimately put him on the "By the time I finished that book I decided right there I had path toward becoming a to go to law school. That was the spark that lit the fire." staff civil rights attorney for the Council on American- Washington began applying to law schools with a Islamic Relations (CAIR). vision of becoming part of the legacy of the great The ticket was in the form civil rights attorneys. He applied to UK Law because a of an SOO-pluspage book. friend offered to pay his application fees after having such a positive experience in the UK MBA program. In the early 1990s, the Howard University- "What did I have to lose?" Washington said. educated mechanical Once accepted, it was UK Law's attention to the engineer and information whole student and not merely an LSATscore technology developer that brought Washington to Lexington. made money to supplement his "One of the things that really put Kentucky over the top comedy career by working with a litigation support firm was a note that then-Associate Dean Bakert put on my that helped lawyers digitize evidence, demonstratives, acceptance letter that let me know that she had truly looked graphics and transcripts. While working on a trial, he at my entire application to really get a picture of who I struck up a friendship with an attorney across the aisle. was," said Washington. "I felt that was a good sign of the support I would receive as a student if they were already so "During that friendship that we developed over the two interested in who I was as a person and not just a number." month trial, I told him I had an interest in going to law school," recalls Washington. "He gave me a book called The experience lived up to his expectations. The Class Simple Justice: The History of Brown v. Board of Education of 2012 was a supportive group, the faculty and students and Black America's Struggle for Equality by Richard Kluger, had great rapport, and he especially appreciated having a book detailing the social and legal standing of blacks access to faculty such as Professor Robert G. Schwemm in America from the time of slavery through the Brown who has a national reputation as a civil rights attorney. v. Board decision in 1954. He told me, 'I guarantee you if you have any desire to go to law school by the time you "I took a statutory civil rights class from Professor finish this book you'll feel compelled to go to law school.':' Schwemm," said Washington. "It was great getting to take a class on civil rights from him and get all the Life being what it is, the book remained unread next practical stories about how to defend a civil rights case to Washington's bedside table for years. The book or start a civil rights case. I still use what I learned from was dutifully packed in boxes as he changed jobs and that class today when I prepare various civil rights suits."

32 University of Kentucky Law Notes The University of Kentucky College of Law Career Development Office can assist you with your full-time, part-time, permanent, or summer hiring needs. We help you locate qualified students and attorneys by posting positions on our password-protected website. You specify what materials you would like for the applicants to send, such as resumes, cover letters, etc. The applicants then mail or email This is what Washington is now doing at CAIR this information directly to you by the application in Cincinnati/Northern Kentucky where he deadline for the position. If it is easier for you, we focuses primarily on religious discrimination. will collect student application materials for you, and email the information to you all at one time. "I was moved by Dean Brennen's comment to me when he met me in 2009, when he told me . .: to remember why I came to law school," said If you would like to interview students on campus, Washington. "He said a lot of people get off the Career Development Office can organize this for track and forget. So now it feels good that I you. Employers select which students to interview; no followed Dean Brennen's advice. I feel very students will be randomly assigned to you through fortunate to be doing what I was hoping to do a lottery or other system. Employers specify the with my law degree right out of law school." application materials they would like to receive.

Washington is also administrator of the Community • Corrections Program for Campbell County, Ky. • If you are interested in speaking on campus at a career and was recently appointed to the Historic seminar or serving as a UK alumni contact for law Conservation Board for the City of Cincinnati. students interested in your geographic area, practice area, and/or area of interest, please contact a Career In his variety of professional roles, Washington Development Office employee by email or phone. has a strong vision of his own vocation and its impact on our nation as a whole. • "When we look at how society works, if we don't • • • To sign up for a campus interview, post a job, or view take up for those who don't have a voice for other services offered by the Career Development themselves and fight to make our laws work for Office, please visit the Careers tab on the law school everyone, it really does a disservice to our entire website, www.law.uky.edu, and go to the For Employers country and what we stand for as a country," said area, or contact one of us by email or phone: Washington. "You're not only righting a potential wrong for an individual client, but you get the sense that you are helping to continue to weave Susan Bybee Steele the fabric of who we are as a society by making Associate Dean of Career Development [email protected]; (859) 257-8320 sure that everyone is treated fairly and their , rights are respected as an American society." Amy Collier Eason, Ii Director of Career Development [email protected]; (859) 257-1138

Joan A. Yocum Student Affairs Officer [email protected]; (859) 257-8959

Thank you in advance for your continued support of our students and alumnil 33 Alumni Hall of Fame

NATALIE S. WILSON 1968 JAMES PARK, JR. 19S8

Natalie S. Wilson graduated Judge Park received a B.A. in 1954 from Smith College. from Princeton in 1955, She was married two years graduating magna cum later to George W. Wilson, III, laude. He received an with whom she has LL.B. with Highest Honors celebrated 56 wedding from the UK College anniversaries. A decade of Law in 1958, and an later, and with three young LL.M. from Yale in 1959. children, Natalie applied to law school, at a time From 1969 to 1976, he when only three percent of served as a judge of the the class was female. She Fayette Circuit Court, graduated in 1968 from the being the youngest circuit University of Kentucky College of Law, with high distinction court judge in Kentucky and as a member of the Order of the Coif. Natalie then history at the time. He later served as a judge of the began her legal career, initially with Eblen, Howard & Milner, Kentucky Court of Appeals from 1976 through 1978. and since 1979 as a partner of Gess Mattingly & Atchison, Judge Park returned to private practice in 1979. He P.S.c., where she heads the firm's family law section. co-founded Park and Sullivan in 1982. The firm later Natalie is widely recognized as one of the premier became part of Frost Brown Todd, where he remains Of domestic relations attorneys in Kentucky. She is a Fellow Counsel. In perhaps his most notable engagement, he of the American Academy of Matrimonial Lawyers, served as counsel to UK regarding the NCAA investigation and she has served as Chairperson of the Kentucky of UK's men's basketball program and was principally Child Support Guidelines Review Commission, as responsible for the program avoiding the H death penalty. H Secretary of the Kentucky Board of Bar Examiners, on Judge Park is also a Life Member of the American Law the Special Committee on the Model Rules of Ethics, Institute. He served as a member of the Visiting Committee and on the Bar Center Construction Committee. of the UK College of Law. He participated in the drafting A former girl scout, Natalie served as a leader for many of the Judicial Article of the Kentucky Constitution, the years and continues as a member of the Board of the initial organization of the new Court of Appeals and Wilderness Road Girl Scouts. She has served on the boards preparation of the Rules of the Fayette Circuit Court. He of the United Way of the Bluegrass, the Salvation Army, was also a contributing member of the Editorial Steering the Central Kentucky Blood Bank and the Lexington- Committee of the Kentucky Appellate Handbook. Judge Fayette Urban County Airport Board. She is an active Park served as one of two public members on the National member of Southern Hills United Methodist Church. Collegiate Athletic Association's Division I Committee on Infractions. He and his wife, Kay Randall, sponsor the George and Natalie have three children, Ward Randall-Park Lecture Series at the UK College of Law. 1. Wilson, Eleanor Wilson Derleth and Gretchen Wilson Brevnov, and eight grandchildren.

34 University of Kentucky Law Notes CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 35 Tell us about your background. I'm what is known as a "military brat." Both of my parents served in the United States Marine Corps, and so I moved around a lot as a child. I attended 13 schools during my elementary, middle and high school years! It was hard, but it made it so much easier for me to quickly adjust to new surroundings. I'm also an awesome packer to boot! That being said, I have spent several years in Georgia and North Carolina (my birth state), and those are the states where my parents live, so I claim both of those as my "homes."

I went to Dartmouth College in Hanover, NH. Because the school is in the middle of nowhere, there is such a strong sense of community and pride there. No matter what state (or country) I'm in, if I wear my Dartmouth green or my "College" shirt (made famous in the movie" Animal House")' I can be sure that someone will stop me to talk about it. It's great that you can go anywhere in the world and people are eager to connect with you or to relive their glory days.

When did you first become interested in law school? As a child, I fluctuated between wanting to be a doctor or a wanting to be a lawyer. I went to Dartmouth thinking that I'd graduate and head to medical school to become an anesthesiologist. I quickly realized, however, that I did not have the love or passion for science that I once did and began to transition to instead looking toward law. Several of my friends who had graduated suggested that I work in a law firm before taking the law school plunge, so I got a job at a firm in downtown Atlanta and worked with a team of corporate litigators. It was a great experience and quickly helped me decide that I truly wanted to become a lawyer.

36 University of Kentucky Law Notes What made you decide to come to UK Law? had Professor Campbell for BusinessAssociations (whom I bet many of you also had) and I just loved the subject At the time, I was applying to Georgia schools but matter and the way he taught it. Strangely enough, I found decided that I did not want to limit myself. So I started many of the cases themselves to be interesting and so looking at schools in other states with good reputations reading for this classwas less of a chore than some of the and decided to apply to UK Law. I heard back quickly other classes.Again, I still pop in to Professor Campbell's that I was accepted. What was the kicker to me was how office and just chat with him about school and life. involved the admissions team was and how interested they seemed in me personally. My acceptance letter had a nice handwritten statement saying that they enjoyed reading What are some of your career goals? my personal statement and were glad that my path led me Currently I am working at a law firm in Atlanta. I'm mainly to apply to UK. In addition, I spoke personally with people assisting with Construction Litigation cases and I'm via e-mail and on the phone, and I felt that they really really enjoying the subject matter. In the few weeks that wanted me to come. I did not feel that I got such personal I have been here, I have attended a four-day trial and attention from other schools. Because of this personal a mediation and I have drafted and re-drafted several attention, I decided that UK Law was the place for me. documents. I feel like I have learned so much already and look forward to what the next few weeks have in store for What are some accomplishments me. I hope to get an offer from this firm at the end of the that you're most proud of? summer but, if not, I know the experience here will help me with my job search elsewhere. Eventually, I hope to My proudest moment since coming to UK Law was being make Partner at my law firm. Based on my experiences selected as the Editor-in-Chief of the Kentucky Journal of so far, I think that I prefer working in a firm environment Equine, Agriculture, and Natural Resources Law. I found and don't currently desire to hang my own shingle. out I was selected in February and, since then, my law school life has been a whirlwind. There have been so many meetings and deadlines and administrative activities Anything else you want us to know about you? that I have been a part of. It has been a WONDERFUL I'm the type of person who is grateful for every experience experience thus far, and I look forward to serving until the and opportunity that I have and see every event (good next EIC is selected. I have learned so much about myself, or bad) as a great learning experience. My parents have particularly about how organized and efficient I can be, raised me to work hard and to be proud of myself but to and it's great to have my first true leadership experience. also maintain a certain level of humility. When I'm not at I only hope that I can live up to the expectations of those school or under a deadline, which is rare these days, I like who selected me to take the reins (pun intended). to relax by painting, drawing and playing video games. I love listening to music and watching movies as well. Is there a particular professor or class that has really left an impression on you? So far, my favorite classeshave been Torts and Business Associations. I had Professor Price for Torts. I really appreciate her teaching style and how she connects with students. Even though I have not been in any of her classes since that semester, I still go by her office and chat with her and just catch up on life. I love to have professors who you can connect with outside of the classroom. I

CELEBRATING 103 YEARS OF EXCELLENCE • Fall2013 37 The Bob Lawson Society The Bob Lawson Society Wildcat Blue Membership Silver Membership ANNUAL GIFTS OF $2S,000+ $2,500-$4,999 Mrs. Nancy J. Cassis Ms. Jane H. Allen, Esq. t The Honorable William S. Cooper Mrs. Ruth H. Baxter Gary C. Johnson, PSC Duncan & Duncan Kentucky IOLTA Fund of the Golden & Walters PLLC Kentucky Bar Foundation The Greater Cincinnati Foundation US District Court - ED KY Inez Deposit Bank Mr. Joel V vvillier-ison ; Landrum & Shouse Mr. Carroll M. and The Bob Lawson Society Mrs. Paula D. Redford III Platinum Membership Mr. J. David and $10,000-$24,999 Mrs. Dianne Rosenberg CampEd, Inc. Mr. Paul A. Saffer Mr. Gayle W. Herndon The Honorable Leslie C. Kentucky Bar Foundation and Mrs. Judy L. Smith Lillian Goldman Charitable Trust Mr. Robert L. Walker t Ms. Kathleen D. Patterson + Mr. Paul L. Reynolds t The Bob lawson Society Mr. William T t and Bronze Membership Mrs. Joan M. Robinson 11\ $1.000-$2,499 Ms. Paula J. Shives t Ms. Mary Jo Anderson Mr. Carroll D. Stevens +: Professor Richard C. Ausness t Sturgill, Turner, Barker Ms. Anna M. Bacon-Tinsley & Moloney, PLLC Mr. William J Baird III Mr. Stephen L. Barker The Bob Lawson Society Borg-Warner Foundation Gold Membership Dean David A. and Mrs. $5,000-$9,999 Kimberly Turner Brennen t Mr.Wes and Susan H. Butler Bryant Law Center PSC Darden Restaurants, Inc. Mr. Mark P Bryant t Foundation Professor Rutheford Band Deloitte Foundation Mary T. Campbell, Jr t Mr. R. Michael t and Mr. J. Larry Cashen Mrs. Joanne Duncan Mr. Charles H. Cassis * Foundation Source Mr. Richard H. C. Clay Garmer & Prather PLLC Mr. Charles D. Cole GE Foundation Mr. Robert P Combs Mr. Kevin J. Hable Comcast Corporation Mr.James G. Harralson t: Mr. Thomas M. Cooper Ms. Kathryn R Hu Mr. Robert H. Cornett Law Alumni Association Mr. D. Michael Coyle Mr. Arthur C. Litton II Mr. William H. Cull t Louisville Bar Foundation, Inc. Mr. William G. Deatherage, Jr. Mr. Donald F Mintmire The Duke Energy Foundation Mr. Burton A Washburn III Mr. Benjamin G. Dusing W. Blaine Early III PhD The Honorable Brian C. and Mrs. Angela L. t Edwards Mr. Marshall P Eldred, Jr Mr. Charles E. English t HONOR ROLL OF DONORS

Col. Gordon B. Finley, Jr. The Honorable Mary $500-$999 Judge Janis H. Reynolds USAF Ret. C. Noble t Mrs. Carolyn B. Barker Mr. Phillip G. Royalty Mr. William G. Francis :j: Mr. David Y Olinger, Jr. t Mr. Stuart Bennett and Mr. Jason Thomas Sauer Mr. William R. Garmer t Ms. Callie R. Owen Mrs. Anita Britton Schwab Charitable Fund Mr. John T. Garrett t The Honorable Lewis Mr. C. R. Bowles, Jr. Mr. Ralph P Stevens Mr. William E. Gary III G. Paisley F T. Bramwell Stites & Harbison Mr. James W. Gearheart Mr. James and Katherine Mr. David A. Brill Mr.Alec G. Stone Mr. C. Edward Glasscock t R. Park, Jr. Mr. Patrick G. Byrne Mr. Wesley R. Tipton The Honorable Joseph Mr. Peter Perlman :I: Ms. Anne A. Chesnut Mr. Bobby K. True R. Goeke t Mr. John W. and Mr. James L. and Mr. Gardner L Turner Hamm, Milby & Ridings, PLLC Mrs. Susan D. Phillips Elizabeth A. Childress The Honorable Gregory Mr. Thomas E. Harris Ms. Nancy T. Ray Ms. Janis E. Clark * F. Van Tatenhove Mr. Michael J. and Mrs. Ms. Marcia M. Ridings t Mr. John C. Collins Ms. Kathleen E. Voelker Beverly Jenkins Harrison * Mr. James E. Rogers, Jr. -+ Commerce Lexington Inc. Mr. J. Kendrick Wells III Mr. Kevin G. Henry Mr. Calvert T. Roszell, Jr. Community Foundation Dean Rebecca H. White Mr. Benjamin T Hickman Mr. Barry A. Rudell II Esq. of Louisville Ms. Rena Wiseman Mrs. Lisa E. Hinkle Mr. Stephen M. Ruschell t Mr. Lyman Sherman Darby Wyatt, Tarrant & Combs Mrs. Theresa L. Watters Holmes Ms. Joyce M. Russell DelCotto Law Group PLLC Rep. Brent Yonts The Honorable Joseph M. Hood Ms. Katherine Gail Russell -+ District Judges Association Dr. John C. Hunsaker III Mr. Richard D. Siegel of Kentucky, Inc. $25(}...$499 Ms. Wendy C. Hyland * Mr. John Brooken Smith Ms. Emily M. Dorisio Mr. E. Alan Arnold Mr. William E. Johnson Mr. John W. Smith Mr. Robert F. Duncan Mr. Glen S. Bagby Mr. Paul R. Keen Mr. E. Douglas Stephan Mr Raymond M. and The Honorable Gregory Mr. Thomas N. Kerrick Stoll Keenan Ogden PLLC Mrs. Barbara Edelman M. Bartlett Mr. L. Dan Key Mr. John C. Tackett Mr. Darren L. Embry Ms. Pamela W. Basconi Professor Robert G. Lawson t Mr. John L. Tackett Ernst & Young Foundation Dr. Jonathan Blanchard Ms. Nancy B. Loucks The Honorable Julia Mr. William C. Evans Dr. Ralph E. Bouvette Mr. Kurt Maier K. Tackett Mr. David C. Fannin Mr. Zachary A. Bray Mr. Timothy L. Mauldin Mr. Wesley B. Tailor Fowler Bell PLLC Mr. Douglas F. Brent Mr. Walter E. and Mr. Tim Taylor Frost Brown Todd LLC Ms. Debra L. Broz Mrs. Pamela Todd May Mr. J. Guthrie True Goodrum & Downs, PLLC Ms. Kimberly H. Bryant McBrayer, McGinnis, Mr. A. Michael Tucker Mr. Steven D. Goodrum Mr. Morris E. Burton Leslie & Kirkland The Honorable Leon Mrs. Jane E. Graham Mr. Paul B. Calico Mr. Andrew M. and W. Tucker Ms. Karen J. Greenwell Dr. Eli I. and Dr. Mary Mrs. Michele M. McCarthy UK Alumni Association Mrs. Beverly H. Griffith Lynne Capilouto The Honorable Mitch Mr. James J. Varellas III Mr. Gerald O. Henderson, Jr. Mr. Robert L. Chenoweth, Esq. McConnellt Mr. Nick A. Vaughn Mr. Buckner and Mrs. Cumberland Valley National Mr. John T. McGarvey t The Honorable Daniel J. Anne Gorham Hinkle, Jr. Bank & Trust Mrs. Taft McKinstry t and Jane Adams Venters Huddleston Bolen, LLP Dan Carman Attorney Mr. John G. McNeill Mrs. Penny R. Warren * The Honorable Paul F. and at Law PLLC MEPAC Match Program Mr. Roy D. Wasson Mrs. Anna H. Isaacs Mr. John A. Daniel Mr. James Borchard Metzger * Mr. Robert M. Watt III Mr. J. Rick Jones Mrs. Marilyn S. Daniel Mr. and Mrs. Robert Mr. Kevin W. Weaver Kinkead & Stilz, PLLC Ms. Mary J. Davis t Kenyon Meyer The Honorable Edwin Mr. William B. Kirk, Jr. Mr. Robert L. Elliott Mr. C. Randall Michel M. White Mr. Milton M. Livingston, Jr. Mr. Mark L. Ford Mr. Charles C. Mihalek Mr. Joseph M. Whitmer Madison County Bar Association Mr. Richard L. Frymire, Jr. Mr. Jeffrey Mobley Mr. J. Michael Wilder Mr. E. Phillips Malone Mr. C. Patrick Fulton Mr. Donald R Moloney II The Honorable Henry R. Manley Burke, LPA Mr. Steven D. Gold Mr. Phillip M. Moloney Wilhoit, Jr. Miller, Griffin & Marks, RS.C. Grasch Law, PSC Mrs. Julia C. Morris :j: Mr. Jeffrey A. Woods Mrs. Carol M. Palmore Mr. Albert F.Grasch, Jr. Ms. Emily A. Moseley Reinhardt & Associates, PLC Mr. Richard G. Griffith Mr. Donnie R. Murray Mr. Ronald C. Reinhardt Mr. Kerry B. Harvey

CELEBRATING 103 YEARS OF EXCELLENCE • Fal12013 39 HONOR ROLL OF DONORS

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40 University of Kentucky Law Notes Mrs. Katherine S. Gallagher Mr. Brian C. Gardner Mr.John A. Gardner Mr. Woodford L. Gardner, Jr. Mr. William G. Geisen Mr. George M. Geoghegan III Mr. Roger A. Gibbs Judge Elizabeth Julia Goodman Mr. William H. Gorin Mr. F. Chris Gorman Mr. Mark E. Gormley Mail Updates: Mr. W Clarke Gormley Mr. James P. Grohmann UK College of Law Mr.John G. Grohmann Christina Briggs Mr. William J, Haberstroh 227 Law Building Mr. William H. Haden, Jr. Lexington KY 40506-0048 Mr. William R. Hagan Mr. Matthew R. Hall Email Updates: Mr. John T. Hamilton [email protected] Mr. Daniel Edward Hancock Mr. Thomas V. Handy Mr. J. Wesley Harned Please Include: Mr. Paul C. Harnice Judge William R. Harris, Jr. Full name, Class Year, Title, Law Office! Dr. Kevin S. Harrod Business Name, Business City and State, Mr. Richard W Hay Email Address, Preferred Phone Number Mr. K Gregory Haynes Mr. Edward D. Hays Pictures Appreciated Ms. Sandra A. Hazlett Please email digital pictures to Amanda DeBord. Mr. Mark E. Heath Mr. G. Edward Henry II Digital photos must be at least 1" x 2" at 300 dpi. Ms. Whitley Herndon Due to the volume of Class Notes, we cannot verify submissions. Make sure your news is accurate and complete. Herren & Adams The Honorable John G. Heyburn II Ms. Alice W. Hobson Mr. Stephen S. Holmes Judge Lewis B. Hopper Mr. Glenn A. Hoskins Ms. Dana R. Howard Your time in law school helped Mr.James E. Howard Mr. Leland R. Howard II guide your future. Now is your time to The Honorable J. William Howerton help guide the future of your law school. Mr. W. Bryan Hudson Ms. Elizabeth S. Hughes Mr. Theodore S. Hutchins Mr. Douglas S. Hynden Mr. Hanly A. Ingram Mr. Lindsey Wood Ingram III Mr. John G. Irvin, Jr. Mr. Franklin K. Jelsma

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Ms. Sarah Howard Jenkins-Hobbs Mr. Walter W May and Mr. David F.Pratt Mr. Trent Spurlock Mr Michael D. Johnson Mrs. Ann C. Render Mr. John D. Preston Ms. Catherine C. Staib Mr. Robert G. Johnson The Honorable Susan W. McClure Ms. Stephanie H. Prewitt Me.W Patrick Stallard Mr. Richard M. Joiner Mr. Charles R McCollom Mr. David E. Price Mr. Gene A. Stewart Mr. Mark M. Jones Ms. Laura McCready Mr. Whayne C. Priest, Jr. Me. Raymond J Stewart Mr. Fred G, Karem Ms. Lauren M. McElroy Mr. H. B. Quinn Mr. Robert C Stilz III Mr. Frederick D. Karp Mr. Kevin M. McGuire Mr. Murry A. Raines Mr. George E. Strickler Mr. Louis A. Kawaja Mrs. Erin McMahon Mr. William C. Rambicure Mr. Marvin W. Suit Ms. Anne P. Keeton Mr. Roderick Messer Mr. James B. Ratliff Mrs. Mindy Sunderland Mr. Charles R. Keeton Mr. John D. Meyers Mrs. Martha D. Rausch Mr. C William SWinford, Jr. Mr. Adam R. Kegley Mr. Charles G. Middleton III Mr. Jason V. Reed Mr. Joseph H. Terry Mr J. Clarke Keller Ms. Barbara J. Miller Ms. Martha D. Rehm Mr. Thomas R.Thomas, Sr. Mr. James E. Keller Mr. James M Miller Mrs. Ann C. Render Mr. David H. Thomason Mr. David L. Kelly Mrs. Jeanie Owen Miller Mr. Leslie E. Renkey Mr. John A Thomason Ms. Susan S. Kennedy Mr. Thomas W Miller Mr. William N. Reynolds Mrs. Elizabeth Lee Thompson Mr Paul N. Kiel Ms. Jennifer H. Moore Mrs. Paula Richardson Mrs. Lindsay Hughes Thurston Mrs. Melanie J. Kilpatrick Mr. John W Morgan Mr. Scott Richardson Mr. Jeffery R. Tipton Mrs. Cinda Cay King Mr. Donald W. Mosser Mr. Brian C. Rieger The Honorable James B. Todd Mr. W Gregory King Mr. Robert N. Mumaw Mr. Roger 1. Rigney Mrs. Kathryn E. Townsend Ms. Sarah Hay Knight Ms. Deborah Murphey Ms. Camille Desiree Rorer Mr. Darby Turner + Mrs. Carol M. Lambert Mr. David L. Murphy Mr. Paul W. Rose UK Federal Credit Union Mrs. Michelle C. Landers * Me. Richard V Murphy Mr. Tom Rouse Mr. Robert D. Vance Mr. Michael L. Larson Mr. Joe Myers Mr. Marvin L. Rudnick Mr. Robert B. Vice Mrs. Emily R. Lawrence Mr. Peter J. Naake Mr. Thomas E. Rutledge Me. William T Wade, Jr. Mr. William Lear, Jr t Mr. Robert D. Neace Mrs. Kathy W Ryan Mr. Donald M. Wakefield Mr. Todd E. Leatherman Mr. Larry A. Neuman Mr. Robert R. saelinger, Esq. Mr. Alex Waldrop Rep. J. Stan Lee The Honorable James Me. Walter L. Sales Mr. Theodore B. Walter Mr. R. David Lester C. Nicholson Ms. Betty Moore Sandler Ms. Lynn H. Wangerin Lexis-Nexis Mr. Randall E. Norris Mr. Richard A. Sanks Mr. 1. Morgan Ward, Jr. Mr. J. Paul Long, Jr. Mrs. Janet M. Norton Mr. Joe C. Savage Mrs. Kristi L. Weaver Ms. Jane Broadwater Long Mr. David A. Nunery Mr. Christopher E. and The Honorable J Gregory Ms. Karen Marple Long Ms. Mary J. Oberst Mrs. Brittany M. Schaefer Wehrman Mr. David E. Longenecker Ms. Eileen M. O'Brien Mr. Scott A. Schisler Professor Sarah N. Welling t Ms. Wendy C Longmire Ms. Leila G. O'Carra Me. Steven C Schletker Mr. J. Daniel Wells, Jr. Mr. Bernard F. Lovely Mr. Foster Ockerman Dr. George D. Schrader Mr. Linsey W. West Mr. Timothy K. Lowe Me. Michael A. Owsley Me.W Fletcher M. Schrock Mr. Richard A Whitaker Ms. Gail Luhn Mr. Carl R. Page Ms. Rebecca F Schupbach Col. Ronald W White Mr. D. Eric Lycan Mrs. Bridget Papalia The Honorable Joseph M. Scott, Jr. Mr. Sidney N. White The Honorable Arnold B. Lynch Mr. Jeffrey D. and Me. Peter J Sewell Me. Frank L. Wilford Mr David H. MacKnight Mrs. Monika L. Paquin Mr. Daniel E. Shanahan Ms. Melissa A. Wilson Mr. Armer H. Mahan, Jr. Mr. Gregory P. Parsons Ms. Abigail Elizabeth Sheehan Mrs. Natalie S. Wilson Mr. Richard and Mr. William R. Patterson, Jr. Mr. Stephen Shewmaker Mr. Thomas D. Wingate Amanda A. Major, Jr. Mr. James F Paxton Ms. Elisabeth Anne Sigler Mr. James G. Woltermann Mrs. Kathy R. Mangeot Mr. Alan B. Peck Ms. Elizabeth W Sigler Me. Clarence A. Woodall III Mrs. Kara R. Marino Mrs. Heather G. Pennington Mr. W. Kennedy Simpson Mrs. Elizabeth P.Wright Mr. Thomas C Marks Ms. Pamela D. Perlman Mr. Thomas L. Skelrnoski Dr. Jason Lee and Mr. Larry H. Marshall Mr. Roger L. Peterman Mr. Christopher L. Slaughter Mrs. Mary Kaye Yewell Mr. Earl F. Martin, Jr. Ms. Meg Ellen Phillips Ms. Barbara B Sledd Me. Mitchell Wade Zegafuse Mr. Melvin S. Martin Mr. William E. Pinkston Mr. George D. Smith JeffZelien Mr. R. Douglas Martin Mr. M. Stephen Pitt Mr. J. David Smith, Jr. Mr. James A. Zerhusen Mr. Timothy W Martin Mr. Timothy H. Pogue Mr. Tony Smith Mr. Aaron D. Zibart Mr. Richard W. Mattson Mary J. Powell t The Honorable Richard G. Spicer

42 University of Kentucky Law Notes Under $100 Mr. Jeffrey Wayne Adamson Mrs. Shawn R. Alcott Mrs. Martha L. Alexander Mr. Benjamin D. Allen Mr. Thomas W. Amann Mr. Stephen G. Amato Mrs. Amy K.Anderson Ms. Jane M. Anderson Mr. Clifford H. Ashbumer Ms. Sharon W. Averitt Mr. Adam M. Back Mr. E. Lee Baker Mr. Robert R. Baker Ms. Sarah Kaye Baker Mr. Darrin W. Banks Mr. James G. Becker Ms. Wendy Becker Mr. Gerald L. Bell Mr. Joseph A and Mrs. Leslie S. Bilby Mr. Stan Billingsley Mr. Stefan J. Bing Wildcat Blue Membership·· Silver Membership Ms. Elizabeth F. Bird Annual gifts of $25,000 Annual gifts of $2,500-$4,999 Ms. Jean W. Bird Mr. Bruce E Blackburn Platinum Membership Bronze Membership Ms. Sandra A. Bolin Annual gifts of $10,000-$24,999 Annual gifts of $1 ,000-$2,499· Mr. James E. Boyd * Any gift of $1,000 or more to any part Mr. Bruce S. Boyer Bridging the Gap Membership··· of the College of Law qualifies you for Donors who contribute $7,558 in Mr. Gary T Bradbury membership in the Lawson Society. The Honorable Chas one year "bridge the gap" between J. Brannen the charge for tuition and the **Wildcat Blue members will automatically Ms. Monica Hobson Braun actual cost of a UK Law education. become members of the Lafferty Mr. Matt W. Breetz In other words, gifts from alumni Society, which recognizes lifetime giving of $25,000 or more. Mr. Joseph L. Brinkley and friends help supplement the Mr. Damon R. Brown cost of educating students, even ***This level is based on tuition and subject Mrs. Paige G. Brown students who are paying full tuition. to change annually. The figure listed Mr. Randall E. Bruce is for the 2012-2013 school year. Capt. James R. Bruner Gold Membership Mr. Michael D. Bryan Annual gifts of $5,000-$9,999 Mr. Thomas H. Burnett Mr. Richard H. Burr III Mrs. Jessica D. Burton Mr. William B. Byrd Mr. Jared M. Campbell You can join the Bob Lawson Society today by making your Capt. William Daniel annual gift to the College of Law in one of several ways. Carman, USMC Mr. Samuel G. Carneal • Visit www.law.uky.edu/giveto Mr. James L. Carter, Jr. • Call the UK Law Development Office at 859-257-1161 with Mr. Stanley Carter Mrs. Myra Deshawn Chenault your MasterCard, Visa, Discover or American Express. Mr. Justin Drew Clark • Send a check, payable to University of Kentucky with College of Law in the memo field, to UK Law Development Office, 203 Law Building, Lexington, KY 40506. HONOR ROLL OF DONORS

Mr. J. K. Clarke Mrs. Ashley R Gaddis Mr. William A Kitchen Mrs. Patricia H. Nitchie Mr. Michael M. Clarke Mr. Paul C. Galanides Ms. Alina N. Klimkina Mr. Dennis L. Null, Jr. Mrs. Katherine M. Coleman Mr. Peter J. Glauber Mrs. Maria G. Klyza Mr. David J. Obradovich Mr. Philip W Collier Mr. E. Robert Goebel Mr. H. Elvin Knight, Jr. Mrs. Candice Bogie O'Dea Mr. Stephen L. Collins Mr. Robert William Goff Mr. David E. and Mr. Jeffery R. O'Grady Mr. Christopher G. Colson Mr. Michael A. Goforth Mrs. Ellen C. Kuendig II Mr. Neal D. Oliphant Mr. Huston Barrow Combs Mr. Steven A. Goodman Mr. Robert L. Kuster Mr. Christopher Barrett Osborne Ms. Tia Jenay Combs Mr. Lawrence E. and Mr. John F. Lackey Mr. M. Todd Osterloh Mr. Travis Combs, Jr. Mrs. Kelly Goodwin, Jr. Mr. Charles L. Lamar Mr. Robert 8. Overstreet Ms. Allison I. Connelly t Dr. James W. Gordon Mr. William D Lambert III Mr. Dan L. Owens Mr. James B. Cooper Mr. Tyson Gorman Mrs. Melinda A. Laslie Mr. Paul L. Pack Mr. Cornelius E. and Mr. J. Carter Gray Mr. Wade C. Lawson Mr. Todd S. Page Mrs. Sallie C. Coryell II Mr. Trey Grayson Mr. James Lazarus Mr. John A. Palumbo Mr. Bradford L. Cowgill, Sr. Ms. Lisa C. Guffey Ms. Margaret Young Levi Ms. Betsy Parry-Davenport Mr. John M. Coy Mrs. Laura M. Hagan Ms. Martha Nicol Lewis Mr. Donald G. and Mr.James E. Craig Mr. John D. Hale Mr. Brian S. Lindsay Mrs. Linda Parsons Mr. Braxton Crenshaw Mr. Thomas L. Hall Mr. Dale K. Marvin Mr. Matthew R. Parsons Mr. Ben Crittenden Mr. Hardin G. Halsey Ms. Jennifer Matro Mr. J. Gabriel Pendleton Mr. Peter M. Cummins Mr. Taylor M. and Mr. Burl McCoy Mr. D. Gaines Penn Mr. David L. Curtis Mrs. Aleisha Hamilton Ms. Laura Marie McDaniel Mr. James B. Perleth II Ms. Christi L. Dame Mr. Earl F. Hamm * Mr. Morgan McGarvey The Honorable Mary w.. Phelps Mrs. Knstie A. Daugherty Mr. Michael J. Hammons Mr. Matthew M. McGill Mr. James W. Pike Mr. Richard M. Davis Mr. James P. Hancock Mr. Clint McKinley Ms. Gwen R. Pinson * Mr. S. Joseph Dawahare Mr. Jeremy A. Hayden Mr. Zachary Daniel McMillan Mr. Walter Pitio Ms. Joanna Poole Decker Mr. Lon Stuart Hays Mr. Douglas L. McSwain Mr. Sam S. and Mr. Judson F. Devlin Mr. Steve Henderson Mr. Doug Mefford Mrs. Jacinta F. Porter Mr. Stephen and Mr. John W Hendricks Mrs. Anna D. Melvin Mr. Greg and Mrs. Kristen Dewey Mr. R. Patrick Hickman Mr. John C. Merchant Mrs. Peggy A. Powell Mr. William R. Dexter Mr. Christopher M. Hill Mr. Andrew Millar Mr. Hance Price Mr. Steven W Dills Ms. M. Gabrielle Hils Mrs. Ashlee Millar Ms. Julie Howard Price Ms. Jamie Wilhite Dittert Mr. John E. Hinkel, Jr Mr. Barry M. Miller Mr. Park L. Priest Mrs. Allison J. Donovan Mr. John O. Hollon Mr. Jack L. and Mr. James H. Pulliam Mr. Charles L. Douglas, Jr. Ms. Erica L. Horn Mrs. Susan S. Miller Ms. Tanya S. Rager Mr. Sidney B. Douglass II Mr. William A. Hoskins III Mr. Robert A Miller Mrs. Rebecca Kuster Ragland Downtown Lexington Corporation Mr. Lucas Wade Humble Mr. Stephen D. Milner Mrs. Janet C. Raider Mr. Stephen D. Driesler Mr. Mark T. Hurst Mr. Andrew Martin Mitchell Ms. Maria G. Ransdell Ms. Bridget L. Dunaway, Esq. IBM Corporation Mr. Kirk B. Moberley, Jr. Mr. John R Rhorer, Jr. Mr. Joseph K. Durning Mr. Ted L. Igleheart Mr. Joseph V. Mobley Mr. Scott 1. Rickman Mrs. Kathryn Dutton-Mitchell Ms. Patsey Ely Jacobs Mr. Charles D. Moore, Jr. Mr. Darrell Christopher Robinson Mr. Jacob L. Eaton Mr. Joseph R. Johnson Mr. Edwin H. Moore III Mr. Dan M. Rose Mr. Lloyd R. Edens Mr. Charles E. Jones Mrs. Nancy T. Mullen Mr. Mark A. Rouse Mr. Blake Van Edwards Ms. Elizabeth Brewer Jones Mr. Daniel E. Murner Mr. Michael w.. Ruehling Mr. John A. Elbon Mrs. Mary U. Jones Murphy Law Offices, PLLC Mrs. Emily K. Saling Mr. Matt David Ellison Mr. Randall K. Justice Mr. Robert H. and Salomon and Company Mr. Mark O. Esterle Mr. Joseph M. and Mrs. Elizabeth S. Muyskens Mr. Arthur R. Salomon Mr. Danny Evans Mrs. Mauritia M. Kamer Ms. Tina L. Namian Mr. Joshua M. Salsburey Mr. Frank J. Faraci Mr. John M. Kazlauskas Nancyetta S Palumbo Trust Mr. Bradley Scott Salyer Mr. Robert Andrew Fleming Mr. John M. Keith, Jr. National Business Institute, Inc. Ms. Laura Salzman Mr. Bill H. Flynn Mr. Robert W Kellerman Mr. Thomas E. Neal Mrs. Erin C. Sammons Ms. Dana Daughetee Fohl Mrs. Ellen Arvin Kennedy Ms. Terri L. Neufeld Mr. Justin M. Schaefer Mrs. Betty O. Freedman Mr. James 1. Ketron Mr. K. Sidney Neuman Ms. Katherine N. Scheser Ms. Margaret M. Frisbie Mrs. June N. King Mr. Nick Nicholson Mr. J. Key Schoen

44 University of Kentucky Law Notes Mr. Jason B. Schwartz Mr. Arnold S. Taylor Mr. Norrie Wake Mrs. Molly Hyland Wolfram Mr. David W. Seewer Mr. Gregory L. Taylor Mr. Jeffrey R. Walker Mr. Robert K. Wood Mr. Thomas L. Self Ms. Laura A Theilmann Mrs. Fernita L. Wallace Mr. Derrick Thomas Wright Mr. Nelson E. Shafer Mrs. Pamela J. Thomas Mr. Charles E. Ward Mr. Ronald B. Wright Mr. William K. Shannon Mr. Gerald A. Thornton Mr. Todd M. Ward, Esq. Ms. Stephanie M. Wurdock Ms. Lori B. Shelburne Mr. William F Threlkeld Mrs. Whitney Frazier Watt Mr. Joseph J Zaluski Mr. Corbet M. Shull Mr. Donald R. Todd Mr. Eric Michael Weihe Ms. Dana Lynnette Simmons Mr. James M. Todd Mr. Robert C. Welleford Please be assured that Sarah J. Sloan Mr. E. Kirk Tolle Mr. William C. Wessell every effort was made Mr. Aaron D. Smith Tommy Coleman DMD Mr. Herbert T. West to ensure the accuracy Mr. Kerry D. Smith Ms. Noelle Holladay True * Mr. John R. Wheatley of this list. If you find Mr. Albert W. Spenard Mr. Emanuel C Turner Mrs. Teresa K. Whitaker errors, please contact the Ms. Sarah Cronan Spurlock Mr. Robert W. Turney Ms. Jana Smoot White Office of Development Mr. Alexander George Staffieri Mrs. Lana Valentine Mr. Hunter B. Whitesell, Sr. at 859-257-1161 or Ms. Christina Vessels Stansbury Mr. Palmer G. Vance II Ms. Allison O. Wildman [email protected]. Mrs. Sallie J Stevens Ms. Sara Christine Veeneman Kenneth T. Williams Mrs. Kara M. Stewart Mr. Bobby Vice, Jr. Mr. T. Lynn Williamson Mr. Stephen P Stoltz Mrs. Ann C Villier Mr. Clint G. Willis Ms. Judy Ann Stover Mrs. Judith A. Villines, Esq. Mr. Chappell R. Wilson Mr. Stephen R. Streich Mr. Kenneth L. Wagner Mr. David T. Wilson II The Honorable A Bailey Taylor Col. Lemuel R. Waitman Dr. William L. Wittman

_1JK.._ University of Kentucky aE Office of Continuing Legal Education

UK/ CLE is a one-sto resource :'orthe busy Kentucky attor e ,providing: • Comprehensive Practic Publications • Outstanding Live CL Courses • Self-Study CLE P and morel. By Jennifer Bird-Pollan Assistant Professor of Law

he story broke in early May: officials at the IRShad Tbeen screening applications for tax-exemption on the basis of a political prejudice. Instead of equally reviewing all aspiring non-profit entities, or choosing at random which applications to examine more closely, the IRSemployees working in the Exempt Organizations Determination Unit (responsible for evaluating and approving applications for tax-exempt status) searched for the words "Tea Party" and "Patriot," among other conservative sounding words, when deciding which applications would receive closer scrutiny. The political response was immediate and intense. Republican Congress members and their constituents across the country called foul, arguing that the screening amounted to profiling of conservative applicants and that this latest episode was merely further proof of discrimination against conservative Americans by the current administration. President Obama criticized the IRSas well, ultimately resulting in the resignation of the acting IRSCommissioner Steven Miller. In this Closing Argument, I'd like to defend those IRSemployees.

In order to understand what is at stake in the current controversy, one must first grasp the underlying tax rules on which the screened organizations were relying in their applications for tax-exempt, or "non-profit," status. The most common kind of tax-exempt entity, created by the Internal Revenue Code section 501(c)(3) is a charitable organization. The essential characteristic of such an entity is that it must be organized for charitable purposes. Common examples of 501(c) (3) entities include schools, churches, non-profit hospitals, and homeless shelters. In addition to the benefit of tax exemption, contributions made to

46 University of Kentucky Law Notes these entities are deductible to the donor. However, 501(c) not primarily political. How might one do that, quickly and (3) non-profits are subject to a prohibition on engaging efficiently? I submit that, in the face of tens of thousands in political campaign activity: engaging in such activity of applications, it is not unreasonable to search for words will result in a revocation of their tax-exempt status. that are known to have a primarily political connotation. In today's charged political climate, words like "Tea Party" In addition to the charitable organizations described above, and "Patriot" (and words like "Occupy" and "Progressive," the Internal Revenue Code permits tax exemption (but which have now been revealed to have also been used by not deductible contributions) to another type of entity, IRSemployees in their examination of applications) have authorized under Code Section 501(c)(4).These entities must a definite meaning, and that meaning is political. If one be organized to promote general social welfare. Importantly is set the task of determining whether or not applicants for purposes of this latest IRScontroversy, S01(c)(4)sare are organized primarily for the purpose of engaging in not subject to the prohibition on engaging in political political campaign activity, one would do well to start campaign activity that is applied to charitable organizations. by examining those applicants with political names. However, while political activity by these organizations is permitted, the tax law states that such entities must not be Entities applying for tax-exemption under Code Section organized primarily for political campaign purposes. And 501(c)(4)voluntarily send to the government an application this is where things get difficult for the IRSemployees. meant to demonstrate that they satisfy the legal criteria for tax-exemption. If they do not, in fact, satisfy those Employees in the IRSoffice in Cincinnati are responsible for criteria, then they are not entitled to the benefits provided evaluating all the applications for tax-exemption (including by the Internal Revenue Code. This is not a question applications under both 501(c)(3)and 501(c)(4),as well as of a liberty on which the government is improperly other Code sections) received by the IRSevery year, an infringing. By contrast, these applicants have come to average of approximately 70,000 appljcations each year. In the government requesting evaluation, which is, in these response to the 2010 Supreme Court decision in Citizens instances,just what they have received. Indeed, there has United v. Federal Election Commission, which addressed the been no allegation that any conservative applicant was issue of corporations making contributions to 501(c)(4)s improperly denied, nor that applications were tampered engaged in political activity, applications received by the with by IRSemployees or that different standards were IRSfor 501(c)(4)status skyrocketed, more than doubling in used for conservative and liberal groups. In this instance, the past few years. However, no corresponding increase in employees of the IRS,a government agency limited in its IRSfunding or staffing corresponded to this new onslaught resources, applied the law in a way that allowed them to, of work. Overworked and understaffed, employees at the in a reasonable timeframe, approve or deny the tens of IRShad to make a choice. In order to work through the thousands of applications they were tasked with evaluating. piles of applications, they attempted to narrow the field, In a world of limited government and many demands for by ensuring that entities applying for 501(c)(4)status were its services, they should be applauded for their ingenuity.

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