Cover 6/12/03 7:22 PM Page 1

SUMMER 2003 THE MAGAZINE OF THE UNIVERSITY OF TEXAS SCHOOL OF ULAW TLAW

THE LONG

PLUS The Brazilian Exchange ARMOF UT AND LAW Mark Twain’s Guide for UT LAW’S STUDENTS Young AND ALUMNI ATWORK Lawyers AROUND THE WORLD

International insolvency expert Professor Jay THE UNIVERSITY OF TEXAS LAW SCHOOL FOUNDATION Westbrook,’68 727 EAST DEAN KEETON STREET, AUSTIN, TEXAS 78705 C2_UFCU 6/6/03 6:23 AM Page 1

you cIofuld build the Forget the concrete and steel for now. How about building your perfect perfect financial institution on a solid base of local ownership. financial Better yet, you’d be one of the owners. You’d have no stockholders to impress. Instead, your financial institution institution, would operate on a not-for-profit basis with the sole purpose of would serving the needs of your community and the people who live what there. And it would be dedicated to achievement of the you include? financial goals of Main Street, not Wall Street. Friends and people with whom you work would volunteer time to serve on the Board of Directors. Sound impossible? It’s already been done. It’s called a credit union. More specifically, it’s called University Federal Credit Union.

As Austin’s largest locally-owned financial institution, UFCU serves more than 95,000 member-owners. If you’re not one of them, we invite you to join UFCU, which for 67 years has proudly served the University community and called Austin home. Membership at UFCU is open to: • The Entire University Community • Austin Chapter, Texas Exes • Longhorn Foundation Members • More Than 100 Leading Area Companies To learn more about a financial institution built for you, call (512) 467-8080, stop by any of our 8 (soon to be 9!) Austin area locations, or visit us online at ufcu.org. Your Hometown Lender. 01_Contents 6/9/03 11:04 AM Page 1

CONTENTS

SUMMER 2003 TABLE OF

In February the Law School celebrated the birthday of Judge William Wayne Justice,’42, and announced plans for a fundraising drive to establish a public interest endowment in his honor. See page48.

F R O N T OF THE BOOK F EATURES BACK OF THE BOOK 2 VOIR DIRE TOWNES HALL NOTES 47 THE LONG ARM 4 IN CAMERA OF UT LAW NOTEWORTHY 48 Watt lights up the Oklahoma Supreme 8 DEAN POWERS Court, Getman talks labor, Now More Than Ever by Bill Powers 34 and a rare addition to the library How UT Law and its alumni 10 CALENDAR make a difference around the world CLASS NOTES 54 by John DeFore 12 AROUND THE IN MEMORIAM 62 LAW SCHOOL THE BRAZILIAN Fourth national championship win, faculty EXCHANGE CLOSING ARGUMENT 64 honors, and a new Keeper of the Peregrinus Texas’ Uncommon Laws by Corwin W. Johnson 16 FACULTY FOCUS 44 Recollections of Legislatures Past by Jack Sampson New relationships strengthen UT’s historic ties to Latin America 20 ALUMNI FOCUS MarkTwain’s Guide for Young Lawyers by Nina Cortell Cover photograph and photograph UTLAW 22 FOR THE RECORD this page by Wyatt McSpadden VOLUME 2 • ISSUE 2 02x3_Masthead/Letters/ads 6/9/03 12:03 PM Page 2

D I R E R I

O “For someone as distinguished as

V UTLAW Judge Sam Johnson, ’49, perhaps the rule should UT SCHOOL OF LAW

have been relaxed.” WILLIAM W. KILGARLIN, ’62 Dean BILL POWERS JR.

Asst. Dean for Development and Alumni NANCY BRAZZIL JUSTIN CASE UTLAW mag- azine won the silver medal for excel- Director of the Alumni Association TOM HENNINGER, ’92 lence in periodical improvement at Director of External Relations this year’s CASE Southwest District FRAN CHAPMAN IV awards. The district encompasses UT Law School Alumni Association President Mexico and the states of Texas, Ar- MIKE PERRIN, ’71 LETTERS kansas, Louisiana, New Mexico, and UT Law School Alumni Association President Oklahoma. The Council for Advance- STEPHEN TATUM, ’79 R E M E MBERING ment and Support of Education FRIENDS (CASE) supports educational profes- MAGAZINE REALIZE THAT SPACE FOR BIOGRAPHIES sionals in three thousand education Communications Director Iof those listed In Memoriam is institutions in forty-five countries. ALLEGRA J. YOUNG limited. However, for someone as Communications Strategy Manager distinguished as Judge Sam John- LAURA CASTRO TROGNITZ, ’97 son,’49, perhaps the rule should Class Notes and In Memoriam Editor have been relaxed so that mention IRMA SANTANA could also have been made that he Faculty Publications MICHAEL WIDENER served as a justice of the 14th Court of Civil Appeals, justice of the Su- Editor-at-Large NICHOLA FORTNEY preme Court of Texas, and judge of Editorial Assistance the United States Fifth Circuit Court JAN McINROY of Appeals. Creative Direction, Design, and Production Edna Philips’s husband, Tom, ’39, NANCY McMILLEN was not only a senior partner at Baker NANCY McMILLEN DESIGN Botts but was a president of the State Bar of Texas. WE WELCOME William W. Kilgarlin,’62 YOUR LETTERS AT: Santa Fe, New Mexico UTLAW Letters UTLAW Alumni Magazine 727 East Dean Keeton Street Editor’s Note: Thank you for your let- Austin, Texas 78705 E-mail: [email protected] ter. Material for our In Memoriam section is typically culled from pub- TO ADVERTISE: lished sources and focuses on work in the legal community. Unfortu- DON WEIDEMANN nately, Judge Johnson’s and Mrs. WE WELCOME LETTERS The editor ACCOUNT EXECUTIVE Philips’s obituaries did not include reserves the right to determine the suitabil- TEXAS MONTHLY such significant information. We’re ity of letters for publication and to edit them CUSTOM PUBLISHING Office phone: (512) 320-6915 always grateful for assistance from our for accuracy, style, and length. We regret Mobile phone: (512) 587-3676 alumni who gather biographical or that they cannot be returned. Letters should Fax: (512) 476-9007 obituary information and send it to refer to material published in the magazine E-mail: [email protected] our editorial office to help us improve and should include the writer’s full name, TO CHANGE YOUR this section. address, and telephone number. CONTACT INFORMATION: Write: UTLAW Letters CORRECTION Federal district UTLAW Alumni Magazine Telephone: (512) 232-1118 E-mail: [email protected] judge Thad Heartfield was identi- 727 East Dean Keeton Street Online: http://www.utexas.edu/law/ fied in “The Beaumont Founda- Austin, Texas 78705 depts/alumni/form.html tion” (Spring 2003) as a graduate of E-mail: [email protected]. UTLAW Magazine is published three times a year by The utexas.edu UT Law. He is a graduate of St. Mary’s University of Texas Law School Foundation, a nonprofit Law School. Fax: (512) 232-1354 corporation, 727 E. Dean Keeton St., Austin, Texas 78705.

2 UTLAW Summer 2003 02x3_Masthead/Letters/ads 6/9/03 12:03 PM Page 3

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T H E SUNFLOWER CEREMONY

The Sunflower Ceremony celebrated its 103rd year this May as 444 students received sunflowers to honor their graduation. The flower, which “turns to light as a lawyer turns to the light of justice,” was adopted by the Law School in 1900 when law students were inadvertently left out of the University’s commencement discussion regarding appropriate regalia.

P HOTOGRAPH OF P ROFESSOR D AVID R OBERTSON AT THE 2002 SUNFLOWER C EREMONY BY J OEL S ALCIDO

IN CAMERA 04x5_InCameraSunflower 6/9/03 12:07 PM Page 5

Summer 2003 UTLAW 5 06x7_InCameraTrees 6/9/03 12:11 PM Page 6 IN CAMERA 06x7_InCameraTrees 6/9/03 12:12 PM Page 7

A F R U I T F U L P A T H

Pursuing different career directions led two vintners to success. Central Texas’ Fall Creek Vineyards (pictured here), established in 1975 by Ed Auler, ’69, and his wife, Susan, has received more than five hundred international, national, and state awards for its red, white, and Zinfandel wines. In the Napa Valley, fellow alumnus Charlie Meeker, ’67, the former president of Metro-Goldwyn Mayer, and his wife, Molly, established the award-winning Meeker Vineyard nine years later. The vineyard specializes in reds and produces 18,000 cases a year.

P HOTOGRAPH BY G EORGE B RAINARD

Summer 2003 UTLAW 7 08x11_Dean/Calendar/Ads 6/9/03 12:15 PM Page 8

POWERS

DEAN Now More Than Ever How the Law School is investing in its core mission during tough times.

S I HAVE SAID ON SO MANY OCCASIONS, WE HAVE exciting things our students and faculty are accomplishing. the best alumni in the country. You support us Kenn Kern, who will be a third-year student in the fall, is with your time, your talents, and your treasure. currently working on the war crimes trial of former Serbian In these uncertain times, we appreciate and dictator Slobodan Milosevic. Professor Jay Westbrook con- need your help more than ever. tinues to work on cutting-edge issues in bankruptcy law. These are difficult times for the State. As I Adam Harbin and Rebecca Jackson just won a national write this letter, the 78th Legislature is strug- championship in an admiralty moot court competition. gling with the State’s budget. Two things are And I could go on and on. We have a truly great Law certain. First, there are more needs than rev- School, and, with your help, an even brighter future. enue. Texas requires funding for K–12 educa- The long-term challenge we face is very different from tion, for health care and human services, for the short-term challenge we have just met. But it is no less all of public higher education, and for many, critical. It is clear that, with State support for the University many other services. And, as you surely have read in the continuing to diminish, the Law School will increasingly Anewspapers, public revenues are down. Second, State sup- depend on tuition and alumni support. When I arrived at port for the University will be reduced. We don’t yet know the University in 1977, resident tuition and fees were about the magnitude of the reduction. But in planning for next $500 per year. They now exceed $12,000. Despite this year, we have been asked to reduce our budget here at the dramatic rise, our tuition is still substantially lower than Law School by 5 percent, and we have done that. All of that of our peer schools, even public law schools such as this presents significant challenges for the University as a Michigan (nearly $28,000) or Virginia (about $21,000). whole, and for our Law School in particular. Further tuition increases are inevitable. Meeting our challenges in the short term has required Our challenge is to modulate tuition increases while action on a number of fronts, some of them painful. We maintaining—and enhancing—the quality of a UT Law have put off badly needed renovation projects, such as con- education. We must strive to ensure that a UT education tinuing to refurbish and update some of our classrooms. remains accessible to students across the economic spec- We have cut back on some alumni events—although I can trum. And we must avoid saddling future generations of assure you I will continue to come to your communities to students with crushing debt when they graduate. meet with you and seek your advice. We have put off some This is where you come in. Twenty years ago, nearly all important, but not mission-critical, events. And, we are of our financial support came from the State. Now, about reducing our staff. Some, but not all, of these reductions one-third comes from the State. Another third comes are being accomplished through attrition. But unfortu- from tuition. The final third—the crucial final third— nately, attrition is not enough; we have been forced to elim- comes from you, our loyal alumni. Our future will con- inate some positions. tinue to be bright if we here at the Law School manage As I have made these hard decisions, my guiding prin- our budgetary stresses wisely and if you, our loyal sup- ciple has been to protect our most important missions: porters, rise to the challenge. teaching and scholarship. We must continue to attract Together, we can keep the UT Law School on top, and retain the best students and faculty, and to sustain the where it belongs. Now, more than ever, we need your help. momentum we have generated in the past few years. Thank you! That momentum is substantial. Our applications are up again this year by 11 percent. Building on last year’s Sincerely, hiring successes, we continue to add star faculty. This year we lured Ronald Mann—a 1985 graduate of our Law School and a nationally-renowned commercial law expert—away from Michigan. We lured Bob Peroni, a nationally-recognized tax expert, away from George Bill Powers Washington, and we enticed Kate Litvak, a young corpo- Dean rate scholar, to join our faculty. This issue of UTLAW highlights just a sampling of the

8 U T L AW Summer 2003 ReunionSponsorsAd2003 6/6/03 12:34 PM Page 1

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SCHOOL OF LAW CALENDAR FAL L 2003

JULY AND AUGUST Rights Law.” For more information, NOVEMBER 6 The Center for Public Policy Dispute please contact the Texas Internation- The Career Services Office will host Resolution is holding a Negotiation al Law Journal at [email protected]. its Sixth Annual Mentor Reception Workshop on July 23 and an Ad- edu or at (512) 232-1277. (cocktails and conversation) at the vanced Facilitation Training session Shoreline Grill in Austin. For details on August 8. For more information, SEPTEMBER 8-25 on the mentorship program, go on- call Natalie Gray at (512) 471-3507 Fall 2003 On-Campus Interviews line to http://www.utexas.edu/law/ or visit the Web site at www.utexas. (OCI) will be held at the Law School depts/career/ or contact Kathryn Holt edu/law/cppdr. in the new Career Services Office Richardson, ’95, at (512) 232-1150. interviewing suites. To participate, go on-line to NOVEMBER 7 http://www.utexas.edu/ The Institute of Transnational Law law/depts/career/ or con- and University College London’s In- tact OCI coordinator An- stitute of Global Law will present drea Schlafer at aschlafer@ “Patterns of Federalism and Region- mail.law.utexas.edu. alism” on November 7 in London. American, Australian, British, Ca- OCTOBER nadian, German, and South African Texas Law Fellowships scholars and judges will be invited (TLF) invites alumni, fac- to take part as keynote speakers in ulty, staff, students, and what is planned as a one-day event. the general public to the For more information, please go on- annual Fall Auction in line to http://www.utexas.edu/law/ October to raise money to academics/centers/transnational/. fund fellowships for Law School students who work MID-NOVEMBER in summer public interest The Graduate Portfolio Program in Dis- internships. Bid on items pute Resolution will sponsor its second in the live and silent auc- Fall Symposium featuring four student tions and support TLF’s research presentations from several first major fundraiser of academic perspectives. Graduate stu- the year. For time, loca- dent presenters represent the follow-

CORBIS tion, and ticket informa- ing schools: School of Law, College of tion, or to donate an item, Communication, College of Engineer- contact TLF at tlf@mail. ing, and School of Architecture. For "SHAKESPEARE AND THE LAW," A NEW EXHIBIT COM- law.utexas.edu. Event de- additional information, visit the Web ING TO THE JAMAIL RESEARCH CENTER IN SEPTEM- tails will also be posted site at www.utexas.edu/law/cppdr or BER, WILL EXPLORE THEMES OF LAW IN ELIZABE- on-line at http://www. contact Natalie Gray at (512) 471-3507. THAN ENGLAND, INCLUDING THE INFAMOUS LINE utexas.edu/law/orgs/tlf/ FROM HENRY VI "LET'S KILL ALL THE LAWYERS." in September. THIS FALL The Law School’s Office of Contin- SEPTEMBER 4-5 NOVEMBER 1 uing Legal Education plans to host The Texas International Law Journal UT Law will host its annual Parents’ numerous conferences this fall. For will present “The Second UT Sym- Day on November 1. For information, a complete schedule of events, visit posium on the Globalization of the please contact Student Affairs dean Su- the CLE Web site at www.utexas. Judiciary: Key Issues of Economic sana Alemán at (512) 232-1313 or by edu/law/cle or call the CLE office at Law, Business Law, and Human e-mail at [email protected]. (512) 475-6700.

10 UTLAW Summer 2003 11_CLEcalendar 6/10/03 12:33 PM Page 1

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SUMMER 2003 AROUNDTHE Celebrating the Bicentennial of the Louisiana Purchase ISTORIANS, LAWYERS, from France — and to dis- sity of Kentucky and UT’s Hand political scientists cuss its impact on American William H. Goetzmann. gathered at the Law School expansionism. At the symposium, ac- in February to celebrate the The speakers included cording to the Boston Globe, bicentennial of the Loui- best-selling author H.W. UT Law’s Sanford Levinson siana Purchase— 828,000 Brands, as well as top histo- “dropped a bombshell.” square miles of land pur- rians such as William W. “Constitutionally speaking, chased by the United States Freehling from the Univer- the Louisiana Purchase was more important than the landmark 1803 Supreme Court decision Marbury v. Madison, which established the courts’ right to nullify A BICENTENNIAL laws of Congress and is typi- cally one of the first cases

 read by law students,” said Levinson. “The Purchase not only set the stage for further expansion, includ- ing the constitutionally con- troversial annexation of Texas, but also precipitated the dissolution of the Union in 1861.” The Lyndon B. Johnson Presidential Library, the Law School, the College of the Louisiana Liberal Arts, and the De- partment of Government 
organized the symposium. ANDvvv (See also For the Record, vvv page 22.)

Top to bottom: H. W. Brands of Texas A&M University; Dean Efren Rivera-Ramos of the University of Puerto Rico Law School; UT’s

AMERICAN M A

William H. Goetzmann; William W. R K

R

Freehling of the University of Ken- U T K

tucky; Julian Go of the University O EXPANSION W SKI (6) SKI TH E U NIVERSITY OF TEXAS AT AUSTIN of Illinois at Urbana-Champaign; and UT Law’s William Forbath.

12 UTLAW Summer 2003 12x15_ATLS 6/9/03 12:31 PM Page 13 LAW SCHOOL 2003 SUMMER

Reunion PUBLIC Recap INTEREST HIS PAST APRIL, ALUMNI AWARD gathered to celebrate WINNERS the 2003 reunion week- T end in Austin. Alumni The UT Co-Op Public and friends enjoyed a gala Interest Awards hon- honoring all classes, espe- ored ten graduating stu- cially those ending in 3 and dents this year who 8, the dean’s barbecue, and have demonstrated their the UT-OU baseball game. Blast from the past: A shot from the 1983 Peregrinus yearbook. commitment to public Faculty members Alex Al- service. Layla Aflatooni, bright, ’80, Philip Bobbitt, are blessed with wonderful acutely aware of our alum- Andrea Beleno, Luis John Dzienkowski, ’83, alumni,” said Dean Bill ni’s support, and we are Figueroa, Shavondalyn Sandy Levinson, and UT’s Powers. “Their support is very grateful. I look forward Givens, Eliza Hirst, technology expert, June crucial to our accomplish- to reunion each year as one Christina Mann, Marilee Liebert, spoke to standing- ing our mission. Our stu- of many opportunities to Manning, Katherine room-only audiences. “We dents, our faculty, and I are say thank you.” Saunders, Erica Schom- mer, and Shannon Lee Snead will share the $50,000 award. Sixteen “Grand” Chancellors “The Law School community commends these students for their dedication to ensuring equal access to justice for all. We’re proud to join the Co-Op in recog- nizing their achieve- ments,” said Eden Harrington, director of the Center for Public Interest Law at UT Law. This spring the Law School installed new members in Chancellors, the school’s most Dean Bill Powers; prestigious honorary organization. Membership in Chancellors is extended to the sixteen George Mitchell, presi- students who have achieved the highest grade-point averages after two years at UT Law. dent of the Co-Op; Dr. This year’s awards went to Grand Chancellor Brendan J. Crimmins; Vice Chancellor Larry Faulkner, presi- Marcus James Brooks; Clerks Kimberley Suzanne Ellars and Adrienne Paige Leder; Keeper dent of UT-Austin; and of the Peregrinus Poth Andrew McStay; and Chancellors-at-Large Noelle Celeste Dr. Sheldon Ekland- Berryman, John Lequeux Ewald, Matthew H. Frederick, Tyler P. Gilman, James Wesley Olsen, executive vice Hendrix, Micah John Howe, Jennifer C. O’Hara, Hilary Lovett Preston, Shawn Jonathan president and provost, Rabin, Michael Anthony Valek, and Brad Thomas Wyly. More than one thousand UT Law presented the awards students have been installed as members of Chancellors since its founding in 1914. to the students in April.

Summer 2003 U T L AW 1 3 12x15_ATLS 6/12/03 7:05 PM Page 14

UT Law Faculty Ranked AROUND Eighth-Best in Nation HE UT LAW FACULTY scholars, both junior and procedure, criminal law and THE LAW Tranks as the eighth- senior, and based on such procedure, constitutional law, best faculty in the nation, current information about and law and philosophy— according to a new survey faculty rosters,” said Leiter. and ranks high in other sur-

SUMMER 2003 SCHOOL by Professor Brian Leiter. He found that U.S. News veyed fields as well. For com- Leiter surveyed more rankings determined on the plete results, go to http:// than 150 leading U.S. law basis of “academic reputa- www.utexas.edu/law/facul- professors to evaluate fac- tion” noticeably understate ty/bleiter/rankings/. AFFORDABLE ulty quality at the nation’s actual faculty quality at many HOUSING sixty-nine top law schools. schools, including Texas. Leiter and the UT Law faculty. “There has never before According to Leiter’s find- Adjunct professor Fred been an evaluation of law ings, UT Law stands with the Fuchs and Texas senator faculty quality undertaken by top five U.S. law schools Eddie Lucio, whose son so many distinguished legal in four specialty areas—civil is 2L Eduardo Lucio III, were honored in January by the Texas Low Income Housing Information Service with Texas Houser Awards. Lucio authored legislation that brought sweeping hous- ing reforms to Texas’ Department of Housing and Community Affairs. Fuchs, a Texas Rural Legal Aid attorney who teaches the Law School's WYATT MCSPADDEN WYATT housing law clinic, was recognized for his advo- cacy of housing rights for the poor in Texas. (2)

Ed Dawson, ’01, accepted an Two Alumni at U.S. Supreme Court offer to clerk for Associate Justice Anthony Kennedy. This fall he will join Aaron Street, ’02, at the Court. (See UTLAW, Winter 2002.) In the past ten years, the Law School has placed eleven clerks at the U.S. Supreme Court; it ranks eighth in the nation for such placement. Dawson served as editor in chief of the Texas Law Review. He clerked for Judge Edward Carnes on the 11th Circuit Court of CORBIS Appeals and now works with Baker Botts, L.L.P., Turtle statuary embedded in the U.S. Supreme Court represents the “slow and deliberate pace of justice.” in Houston.

14 UTLAW Summer 2003 SUMMER 2003 15 LAW UT And in Vienna, at and Professors Ste- Professors and coached the team, ven Ratner, Fran- Ratner, ven cesco Francioni, and cluded 3Ls Erin An- Ben- Sommer derson, der,Green, Elizabeth and Moore, Craig Naomi Porterfield. Jerry’85, Galow, coached the team. Bryan and Bender competed on the na- tional level in late March in Houston. the Vis International Commercial Arbitra- Law UT the Moot, tion hon- an received team for mention orable the Claimant’s brief. (See “The Long Arm of UT Law,” page 34.) UT lighted the tower to celebrate Adam Harbin champi- defending and on Rebecca L. Jackson's Seattle. in win decisive

Sarah Cleveland helped MARK RUTKOWSKI At the ABA National Summer 2003 Debra Bryant and 2Ls moot the students. UT Law also claimed the Ben Ellison, Loretta members members included 3L Appellate Advocacy Compe- Advocacy Appellate Law UT Chicago, in tition placed second out of 133 Pfeifferand Connie 3L teams. 2L Gretchen Sween shared award.Speaker Top the At the regional competition in San Francisco, the team, An- 2Ls included also which gelica Alfaro, Joy Brennan, Dan Mangis, and Laura Pel- hon- Brief Best shared anek, ors with Drake University. regional championship at the National Mock Trial Februaryin at Competition Baylor. Team members in- Gieske, Tanya Karimi, and Gieske, Tanya Mecham Mecham. Shane third-best as recognized was Kris Munson, ’02, speaker. Tucson Tucson in February. Team

WYATT MCSPADDEN were the others). the were Law UT won both the regional cham- pionship and the Best Brief award at the University of teenth place overall, and was one of the four U.S. teams (Harvard,sixteen top the in Columbia, and Michigan -

T LAW WON INTERNATION al acclaim this spring al acclaim the in competitions at United States competition. Jorycompetition. Lange 2L Adam Harbin Adam 2L At the Jessup Internation- National Champs

and Austria. L. Rebecca 3L and Jackson won the na- tional Judge John R. Brown Admiralty Moot Court Competition, as well as the award for best brief. Harbin was named the top sec- the is This advocate. oral ond year UT Law has won this and Daniel Knight advanced to quarterfinals. Chris Sap- stead, ’01, coached. al Law Moot Court Com- in championship petition D.C., the Washington, Law School team was recognized second-best the having as the and world, the in brief top brief from a U.S. team. The team finished in thir- U 2x15_ATLS 2x15_ATLS 6/9/03 12:32 PM Page 15 1 16-19_FacultyFocusR2 6/12/03 7:02 PM Page 16

FOCUS

RECOLLECTIONS OF FACULTY Jack LEGISLATURES PAST

From a veteran of Sampson Texas’ gender wars.

draftsman in the reform pro- cess for more than a quarter century gave me the opportu- nity to both witness and expe- rience firsthand how family law and the atmosphere in our Capitol changed for the better. These shifts, which featured more cooperation than con- flict across party lines, have earned the Texas Legislature its just accolade as a place where bipartisanship can work. Return with us now to those thrilling days of yesteryear when the West key number for children born to unmarried parents was not to be found under “I” for “illegitimate chil- dren,” or “C” for “children born out-of-wedlock,” but rather under “B” for “bastards.” In 1972 Texas on the subject was easy to summarize: we were the only state that did not Since 1971, Sampson has been extensively involved in all of Texas' family law legislation. provide a statutory paternity suit to determine parentage URING THE PAST THIRTY- groups against men’s groups. The and mandate child support. Unwed two years, the Texas Leg- legislature must serve as moderator, pregnancy was the sole responsibili- islature has provided a referee, and the ultimate decision- ty of the mother. Dplatform for the gender maker of the statutory regulation of In 1973 the U.S. Supreme Court, wars that often rage over important these issues. in Gomez v. Perez,1 determined that it family law issues, such as establishing I started hanging around the Texas was unconstitutional for Texas to parental obligations, visitation rights, Legislature in 1971, interested in fam- discriminate between legitimate and and spousal maintenance. These issues ily law reform. My participation as illegitimate children regarding the are heated and tend to pit women’s an amateur (i.e., unpaid) legislative father’s duty of support. Our law

16 UTLAW Summer 2003 PHOTOGRAPH BY WYATT MCSPADDEN 16-19_FacultyFocusR2 6/12/03 7:02 PM Page 17

maintained that the former were dency of the case, her monthly award entitled to support and the latter included an allowance for cut flow- were not. During the 1973 session the PROFESSOR’S ers of $5,000 (she liked them around legislature did not pass a paternity the house). statute that was proposed, and then 4. Restrict payments to “mini- withdrawn, by the State Bar. It did mum reasonable needs” and, most pass a “voluntary legitimation” chap- importantly, do not require continu- ter. After all, if a man wanted to as- CHOICE ation of the style of living maintained sume paternity of a child, that should ROBERT J. LEVY, Trends in Legislative during marriage. be his right. The mother’s consent Regulation of Family Law Doctrine: 5. Finally, include every possible was encouraged, but not required.2 Millennial Musings, 33 Fam. L.Q. 543 provision designed to answer hostile In the next session (1975), the leg- (1999). questions from the back microphone islature enacted a paternity statute, JOHN J. SAMPSON, Bringing the in the House of Representatives. not coincidentally containing a Courts to Heel: Substituting Legisla- These defense mechanisms included one-year statute of limitations (later tive Policy for Judicial Discretion, 33 no upward modification—the payor held unconstitutional);3 the dis- Fam. L.Q. 565 (1999). is not an insurer of his ex-spouse, nor parate treatment of nonmarital chil- JUNE CARBONE, From Partners to should she share in postmarital suc- dren continued through another Parents: The Second Revolution in Fam- cess. On the other hand, downward three sessions. ily Law (Columbia Univ. Press, 2000). modification is allowed if the payor In 1983 the legislature did a AMERICAN LAW INSTITUTE, Princi- falls on hard times. Palimony, of breathtaking 180°, enacting a statute ples of the Law of Family Dissolution: course, is strictly prohibited, and of limitations that expired on the Analysis and Recommendations (Mat- cohabitation or remarriage ends the second anniversary on the day the thew Bender, 2002). obligation. child became an adult, i.e., age twen- The drafting process went ty. This action marked the beginning normally the ex-husband. 5 smoothly, but enactment did not, of a sea change in the attitude of the Shortly before the 1985 session, I and the substance of the bill did not legislature with regard to gender pol- was approached by Judith Guthrie, change much over the next decade. itics, one that steadily, albeit slowly, then a practicing lawyer and former The length and detail of the pro- progressed over time. lobbyist, now a U.S. magistrate in posal, however, were extraordinary. My recollections here focus on Tyler. She requested that I draft an Contrast the UMDA provision for another aspect of the legislative gen- alimony statute on behalf of the maintenance, which takes half a der wars: spousal maintenance, a.k.a. Women and the Law Section of the page in the Uniform Laws Anno- alimony. As of January 1985 when State Bar. After discussing the prob- tated and consists of two subsec- the session of the 69th Texas Legis- lem at some length, we decided to tions; one states the two (2) factors lature began, alimony in Texas was charge ahead, with the aim of draft- to qualify for maintenance, the also easily summarized: Texas was the ing a bill that had a chance to over- other states the six (6) factors for only state without a statute autho- come the long-standing, deep-seated determining the amount and dura- rizing court-ordered alimony post- hostility to the very concept. Our tion of payments. Our Texas bill divorce. Texas courts explicitly rec- strategy was relatively simple: tracked the general principle that ognized that provision of alimony 1. Don’t call it alimony; call it provision of alimony is to be on an was strictly a legislative matter; courts “spousal maintenance,” the term “only if” basis, rather than “awarded could not and should not develop used by the Uniform Marriage and when.” The qualifications were, the remedy at common law. In Divorce Act (UMDA) (not really inter alia, a spouse with at least a ten- Cameron v. Cameron, the Texas Su- expecting to fool anybody, of course, year marriage who is unable to earn preme Court stated: “The policy but language does matter). an appropriate income. A ten-year against permanent alimony is so 2. Provide that only the most marriage is required for an ex- strong that the Texas Legislature has deserving fact situations be enti- spouse to claim against a wage earn- stated that the duty of support will be tled to receive maintenance. er’s Social Security account. Of honored under the laws of other 3. Strictly limit the amount to course, the U.S. Congress pulled states except that the rule ‘shall not be received, thereby eliminating that number out of thin air, but include alimony for a former wife.’”4 Hollywood-type awards and avoiding because it already existed in a feder- On the other hand, Texas courts Californication of Texas law. For al statute, it constituted relevant would enforce contractual alimony example, Joanne Carson was award- precedent. The time limitation for agreed on by the parties to take ed not only 50 percent of the accu- receipt of maintenance was estab- advantage of a significant federal mulated wealth acquired by the cou- lished at no more than three years, income tax benefit—funny, that ben- ple during her marriage to Johnny a limitation typically referred to as efit goes to the higher-earning payor, but alimony to boot. During the pen- “rehabilitative alimony.” The origi-

Summer 2003 UTLAW 17 16-19_FacultyFocusR2 6/12/03 7:02 PM Page 18

nal limitation on the maintenance tribute financially to the community One night I sat in the back hall- amount was no more than 20 per- estate. It is for our mothers, who have way outside the Speaker’s apart- cent of the obligor’s “average gross been housewives and now in middle ment with Judiciary Committee monthly income,” to a maximum of age or later find themselves either chairman Mike Toomey (now chief $1,500 per month. This proposed unable to support themselves in the of staff for Governor Perry), work- “cap” remained constant until 1995. short term or, sadly, unable to sup- ing over the committee substitute To provide additional protection in port themselves in the long term.” from about 10:30 p.m. or so until the most deserving cases, I added The intended marital couple for almost 2:00 a.m. Further restrictions an extra feature that never deviated application of the bill chose to live were placed on the recipient as throughout the process: if the main- their lives in this old-fashioned man- requirements and factors to qualify tenance recipient is permanently ner, with one breadwinner and one for alimony, including proof of With some confidence that we had created not a monster but a modest, enactable Wbill, we sallied forth with élan into the 69th Legislature with influential sponsors.

unable to support herself due to homemaker. Because the homemak- attempts to find honest employ- “incapacitating physical or mental er has lost or has eroded her employ- ment. In my opinion, Chairman disability,” the order for mainte- ment skills, she is entitled by the prin- Toomey exemplified the new breed nance payments may be indefinite ciple of detrimental reliance to re- of legislators. Without regard for his in duration. gain some of those skills through personal views, he took it as his duty With some confidence that we had training and education. Therefore, to make the bill more acceptable created not a monster but a modest, a three-year period of rehabilitative and achieve consensus, given the enactable bill, we sallied forth with alimony is appropriate. In extreme fact that the bill had a good chance élan into the 69th Legislature with cases when the ex-wife’s detrimental to pass if it came to a vote. With one influential sponsors—the late Bob reliance is coupled with a permanent exception mentioned infra, the ver- Bush, then classified as a liberal incapacity for self-support, the bread- sion fashioned that night remained Democrat, chairman of the relevant winner should be required to contin- basically unchanged until it finally House Judiciary Committee, and ue maintenance at a “minimum rea- passed four sessions later. However, Senator Kent Caperton, moderate sonable needs” level indefinitely. it turned out that no vote occurred Democrat, chair of the Senate Juris- For five sessions, we were halfway in the House in 1987, although again prudence Committee, then the key successful. In 1985 the Senate passed the Senate passed the bill, by a some- family law player in the Senate, now a the bill 23–8, and focus shifted to the what wider margin this time. respected lobbyist. House. Our House sponsor lacked For the next several sessions, we We conceded that alimony can be the votes to discharge the bill from proponents continued to be confi- abused, as high-profile cases between the Calendar Committee. This was dent that a floor vote in the House public figures have so often dramati- the last vote (voice only) on the sub- would herald success. But the sessions cally demonstrated in the tabloids ject in the House of Representatives flew by without an interruption in the that we read while in line at the for a decade. pattern described above: the Senate supermarket checkout. But our refu- The 1987 session saw another would pass alimony by overwhelming tation of “that type” of alimony was spirited attempt to pass the bill. margins (by 1993 the Senate vote was simple: under our proposal the Several amendments were made in 28–3); the relevant House committee claim must be based on the detri- a committee substitute that would would vote out the bill, which would mental reliance of the payee, which have made the bill even more palat- then go to the Calendar Committee, has resulted in an unfair handicap in able to the back microphone in the where it would languish and die, or, future efforts for self-support. The House of Representatives. Things more frustratingly, be placed on the argument was that maintenance as looked promising because of a calendar at the end of the session at a proposed in the bill “is not for our “deal” between the Senate sponsor point where it would not be reached modern wives who work and con- and the relevant House chairman. for a vote.

18 UTLAW Summer 2003 16-19_FacultyFocusR2 6/12/03 7:02 PM Page 19

In 1995 a miracle occurred. By now quite the end of the matter. When Family law reform in Texas is chal- the veteran sponsors of the compan- the welfare reform bill went to the lenging, but the leadership of a suc- ion bills were Representative Sen- Senate, the relevant committee de- cession of dedicated committee fronia Thompson, liberal Democrat leted the amendment. Senator Chris chairs and other interested members from Houston, lawyer, and chair of a Harris, the long-term Senate sponsor has made every bump in the road a related committee, and Senator Chris of spousal maintenance, had been pleasure to travel. Harris, conservative Republican from viewed with suspicion by some die- Arlington, lawyer, longtime member hard supporters as being less than 1. 09 U.S. 535 (1973). of the relevant committee, and the committed to its passage, no doubt 2. See Eugene L. Smith, Parent and dominant figure in the Senate regard- because his views on other issues Child, 5 TEX. TECH L. REV. 418–23 (1974). ing family law. Thompson made only were more conservative than theirs. 3. See Eugene L. Smith, Parent and one change of significance in the 1995 Shame on those of little faith in Child, 8 TEX. TECH L. REV. 54–79 (1976). bill, continuing the 20 percent of honest politicians. Senator Harris 4. 641 S.W.2d 210, 218 (Tex. 1982). gross income but raising the maxi- restored the alimony provisions to mum payment from $1,500 to $2,500 the welfare reform bill by floor 5. Francis v. Francis, 412 S.W.2d 29 (Tex. per month. Otherwise, the bill was amendment, which then was enacted 1967). Alimony is paid by the payor with pre- tax dollars and taxed as income to the payee. pretty much same-old, same-old, tried into law. Thankfully, since 1995 the and true in the Senate and expected narrow goal of the spousal mainte- 6. In 1999 Texas voters overwhelm- not to get a floor vote in the House. nance bill has been achieved without ingly passed a constitutional amendment to permit wage withholding to collect Indeed, rumor had it that the bill the sky falling. 6 spousal maintenance. In 2001 statutory would die in the first committee in So what is to be learned? First, try, implementation of that amendment placed 1995 rather than be referred to the try again. Second, a bipartisan sys- spousal one tier below child support in Calendar Committee. tem developed in the Texas Legis- the priority of withholding. TEX. FAM. It didn’t happen that way. During lature since the days of one-party CODE § 8.105. the debate on a major welfare reform rule. Democrats and Republicans try bill, Thompson sought to attach the to strike careful compromises to- Sampson, the William Benjamin Wynne maintenance bill to the welfare re- gether. And finally, remember why Professor in Law, has taught for 33 years form bill by amendment. The cap- you’re doing what you’re doing. at UT Law. tion of the welfare bill states: “relating to the eligibility for and provision of services and programs for needy people . . . to assistance in becom- ing or remaining self-dependent.” Before Thompson made her motion, Speaker Pete Laney had allowed sev- eral other amendments to the bill, on We are pleased to announce that the basis that they would assist needy people in becoming self-depen- dent—though some of them were something of a stretch. If the other Alice G. Hector amendments were germane, so was this one. As I had always predicted, if there was a record vote in the House has joined the Miami office as a the bill would pass overwhelmingly. The efforts to draft with an eye to Shareholder fending off possible criticism from the back microphone finally paid in the firm’s Litigation Department dividends. There was a parade to the back microphone, all right, but a strong majority spoke in support. In- deed, Representative Steve Wolens, liberal Democrat from Dallas, and Representative Fred Hill, conserva- tive Republican from Richardson, stood virtually arm in arm in praise of the amendment. Passage in the House was not

Summer 2003 UTLAW 19 20x21_AlumniFocus 6/9/03 12:49 PM Page 20

FOCUS

ALUMNI MARK TWAIN’S GUIDE FOR YOUNG LAWYERS NinaCortell (and older lawyers seeking a review).

The more things change, the more they stay the same.

AMUEL CLEMENS (AKA MARK Twain) probably did not foresee a world filled with SPCs, the Internet, and 400+ person law firms. Still, his wry commentary provides great insight for young lawyers who are searching for the tools that will enable them to achieve their career goals, whether that be partnership in a law firm or a position in government, the judi- ciary, a university, or elsewhere. As for us older lawyers, it’s never too late for a refresher course!

“The miracle, or the power, that elevates the few is to be found in their industry, application, and perseverance under the prompting of a brave, determined spirit.” 1 “It usually takes three weeks to pre- pare a good impromptu speech.” There is no substitute for a good work ethic. Preparation is key and in- depth preparation is a differentiator. But it is also important to spend those long hours wisely. Too often hours get lost chasing rabbit trails based either upon a misunderstanding of the Professionalism, preparation, and careful attention to details will help a young lawyer succeed. assignment or lack of knowledge of the bigger picture. Remedy? Be sure to based upon your input. Make no mis- all deadlines, or get an extension. have a firm understanding of the take, your input, even as a beginning assignment at the outset, its context, lawyer, can be invaluable, which leads “The difference between the right word and the timetable. If the assignment is to another important point. Take and the almost right word is the difference not given in written form, then con- ownership of the project and exhibit between lightning and lightning bug.” firm it in writing, or at least verbally. a “can-do” attitude. Perform your task A corollary to hard work is: pay Also, check in periodically with the as if your work product were going attention to the details. Ensure the person who assigned the project to see directly to the client or the court, as accuracy of your citations and case or if you’re on the right track. An addi- that very well might be the case and transaction recitations and, for good- tional benefit of continuing dialogue in any event will assure the highest ness’ sake, avoid misspellings—par- is that the assignment might change quality work. Also, be sure to meet ticularly of your clients’ names. Seems

20 UTLAW Summer 2003 PHOTOGRAPH BY REX FLY 20x21_AlumniFocus 6/9/03 12:49 PM Page 21

obvious, but such errors are amazing- the situation. Hopefully gone are the ly common-place. It is often said, and days when a federal judge can throw a it is true, that your client may not NEXT STEPS woman out of the courthouse simply appreciate the amazing insights con- KIMM ALAYNE WALTON, What Law because she is wearing a polka-dotted tained in your work, but he or she School Doesn’t Teach You . . . But You dress. But there are still boundaries will readily notice (and be exceeding- Really Need to Know (Harcourt Legal and expectations. Try to be cognizant ly aggravated by) a misspelled name. and Professional Publications, 2000). of those and act accordingly. THANE JOSEF MESSINGER, The Young “A man never reaches that dizzy height of Lawyer’s Jungle Book: A Survival Guide “Don’t go around saying the world owes wisdom when he can no longer be led by (Fine Print Press, 2000). you a living. The world owes you noth- the nose.” KAREN CLANTON, Dear Sisters, Dear ing. It was here first.” Seek mentoring. Find one or more Daughters: Words of Wisdom from No elaboration required! persons whom you want to emulate Multicultural Women Attorneys Who’ve and adopt them either as “direct” or Been There and Done That (ABA Pub- “The secret of success is to make your “indirect” mentors. A “direct mentor” lishing, 2000). vocation your vacation.” would be a mentor from whom you Last, but certainly not least, have seek and obtain direct feedback and get back to you on that point.” That’s fun! No doubt, a legal career brings advice. An “indirect mentor” would be really OK. Your law degree is not a war- with it long hours and big-time pres- mentor who, although not available ranty of full knowledge on all topics. sures, but it also provides wonderful for one-on-one counseling, is someone opportunities for exciting, stimulating from whom you can learn by example. “Always acknowledge a fault. This will work and interaction with a broad Also, seek feedback from those with throw those in authority off their guard spectrum of persons and events. The whom you work, whether or not you and give you an opportunity to commit trick is how to take advantage of all consider them a mentor. Be a “sponge,” more.” that law has to offer without burning soaking up all of the advice and expe- Better to confess a mistake than not. out. The answer—seek balance—is far rience that is available to you. Learn In most circumstances, mistakes are easier to state than achieve. It certain- the business of law as well as the prac- correctable, and nothing is worse than ly requires vigilance (i.e., you have to tice of law. Law school gave you the your supervisor learning about a mis- make it happen), and it also requires building blocks; the lawyers with whom take when it can no longer be cured. patience (sometimes your work sched- you work will teach you how to use ule will be out of kilter, requiring that those blocks to build a career. “Always do right. This will gratify some you defer your personal time). It is people and astonish the rest.” often said that a legal career is a “It is best to keep your mouth shut and be “Let us so live that when we come to “marathon, not a sprint.” To make it presumed ignorant than to open it and die even the undertaker will be sorry.” to the finish line, you must save time remove all doubt.” Riddle: Once lost, never regained. for family, friends, and other interests. One of the hardest moments for a What is it? Your reputation. This is Sometimes this “other time” will be young lawyer comes when the client something you begin working on the intertwined with your career (such as asks a question on the phone expect- first day of your career and build on when a community service effort ing an immediate response, and the every day thereafter. As you begin dovetails with a business development lawyer on the other end of the call your career, think about how you want objective), but sometimes it will not. lacks an answer. One friend’s wistful to be regarded 50 years down the road Either way, this is the fuel that will cure: a “static button” that would and act accordingly. This will perme- enrich your life as well as your career. cause immediate static on the phone ate how you interact with other law- Good luck—a legal career is a line, giving the lawyer an excuse to yers, clients, courts, and the commu- great, rewarding adventure! call back “as soon as possible.” But nity at large. It can be your greatest since we don’t have “static buttons,” a asset as the years progress. As a side 1. These quotations, and more, can be substitute solution is required! Hedge. benefit, this will allow you to avoid (or found at www.phnet.fi/public/mamaa1/ Explain, if you’re comfortable, what at least minimize) fee disputes, sanc- twain.htm and www.quotationspage.com/ you think the answer might be, but tions, and client grievance complaints. quotes/Mark_Twain. add that you’ll need to check a few sources and get back to the client. “Clothes make the man [and woman!]. Nina Cortell is a 1976 graduate of The Or, just say you’ll need to get back. Naked people have little or no influence University of Texas School of Law and is The client will understand. The same on society.” a partner in the Appellate Section of advice obtains in other contexts as In this era of “casual dress,” re- Haynes and Boone, L.L.P. She has been a well. There will be times when the member that professional appear- member of the firm’s Executive Committee proper answer to a judge or partner ance is still important. What that and has chaired the firm’s Diversity and is, “I do not know, but I’ll check and requires will vary depending upon Attorney Development Program.

Summer 2003 UTLAW 21 22x33_ForTheRecord 6/9/03 12:53 PM Page 22 Page PM 12:53 6/9/03 22x33_ForTheRecord

F OR THE RECORD 22 FOR RECORD AHNTN DC,JANUARY D.C., WASHINGTON, 04 meeting. 2004 the for chair program section’s the be will and Computers and Law on Section the of Reese Anthony the Section on International Exchanges. LeClercq Association. Research Relations trial Indus- the of meeting a at chair as served Courts.” the Outside tution spoke on “Judicial Supremacy? The Consti- and History Legal and Law Constitutional on Sections the of meeting the for co-chair Performance. Lawyer and Admissions Bar on Committee Churgin Research. and Curriculum on Books?” sponsored by the AALS Committee Blue Those and Out Throw Evaluation: Student Theory “Learning program the for speakers the of one was he addition, In 4. the World” at the AALS Engages plenary session on Jan. Education “Legal topic the Torres2004. Jan. in begin on will spoke cy His presiden- in Jan. Washington,2–5 D.C. (AALS) at the association’s annual meeting Schools Law American of Association the of president-elect as recognized was ors n gv a ae tl tte “ titled talk panel a gave and Courts Federal on Section the for chair program Legal Response to Global C Global to Response Legal Insolvency: International of “Principles ed 2003. for Section Admiralty AALS the of treasurer named was and 2003–04 for Courts Federal on to serve as chair of the AALS Section elected Weinbergwas 4. Jan. on meeting FACULTY ACTIVITIES AND ACTIVITIES FACULTY bury UT n Is rtc” t h AL annual AALS the at Critics” Its and LAWSCHOOL EEBR20 – 2002 DECEMBER LAW a nmd hi o te Standing the of chair named was PI 5 2003 15, APRIL was selected chair-elect of chair-elect selected was EVENTS MAJOR William Forbath Summer 2003 Summer assumed the office of chair of office the assumed oie Weinberg Louise Jay Westbrook Jay oncerns with oncerns Julius Getman Julius ead Torres Gerald was program Michael present- a the was Mar- Terri sium, sponsored by the by sponsored sium, Sympo- Law Property Intellectual Annual Fourththe at Doctrine?” Contracting or Expanding An Dilution: “Trademark sented et i Cins” and Clients,” in Invest- ments Equity Lawyer in Issues “Ethical Dzienkowski Benjamin Stuart included panel which the Populations,” “Indigenous of part as Building” Nation and “AmericanIndians paper the delivered and 1840s”; the of Moment Imperialist “The panel the for moderator Mar. on 20. School Law the at Courtroom Eidman Lecture, “A New World Order,” in the Kraft- Sealy the delivered Princeton, at Affairs International and Public of WoodrowSchool Wilson the of dean Slaughter, Marie Anne- celebration, the of part As 20–22. Law School. Law Territory and the Civil War”; bath Cleveland included that It)?” Within Is Who (and States United the Is “Where titled remarks; introductory gave Levinson remarks; ing School, inson ican Expansion,” organized by Amer- and Purchase Louisiana The posium: AUSTIN, FEBRUARY AUSTIN, AUSTIN, MARCH AUSTIN, Bobbitt’s Philip celebrating colloquium book new and Debtors’ Rights. Creditors’ on Section the of program the for Enterprises” Multinational of Default General Governing Reform Law Law on Jan. 5. Jan. on Law Maritime on Section the of chair named rpry a Journal Law Property moderated the panel “The “The panel the moderated n hl Fb 2–2 t h Law the at 20–22 Feb. held and Dean Bill Powers Bill Dean Philip Bobbitt Philip h Sil o Achilles of Shield The as adiscussant; gave the keynote address, h Lw col otd a hosted School Law The t A ietnil Sym- Bicentennial “A At as a discussant. a as Ernest Young n e. 8 t the at 28 Feb. on moderated a panel a moderated Texas Intellectual Texas oi Pirkey Louis THE Scot Powe gave welcom- gave ead Torres Gerald William For- William Sanford Lev- ULSE WORKS PUBLISHED Louisiana n Mar. on Sarah John was pre- was School Reunion on Apr.on 12. Reunion School Toys Just attheLaw Anymore” withJuneLiebert Not Gadgets: “Tech talk CLE Apr.4. on Court” Supreme Texas the Before tice Texas:Prac- of Bar “State CLE the at tion” Jurisdic- Court “Supreme presented also School. Law the at Mar.20 on Modern Jury” the on Topics “Selected posium sym- Litigation’s of Review the at remarks 2002). W en, pnoe b te oiin His- Louisiana the by sponsored leans, Or- New in 24 Jan. on Conference tennial Bicen- Purchase Louisiana the at chase” Pur- Louisiana the of Heritage Legal “The ACTIVITIES R C Apr.on 15. Melbourne of sity Univer- the at College University at Satire” ¶ the UniversityofMelbourneonMar. 26. ACTIVITIES ot Law.” Tort on Limits Amendment “First presented he 15, Mar. on Canberra in University National spring. Law this Melbourne School of University the at low PUBLICATIONS UMUNDO SU Y ACTIVITIES PUBLICATIONS d. 2002). eds., Hans Baade, in Baade, Hans onre: h Ls Bsin in Bastion, Last The Countries: DAVID UDDEN OMPARATIVE AKE He presented the talk “Defamation and “Defamation talk the presented He ALEX FACULTYNEWS F HANS OREST ¶ Ptr ik & ran Pretto Arianna & Birks (Peter 3 In addition, Albright presented the presented Albright addition, In ¶ Anderson was visiting senior fel- senior visiting was Anderson ad dlvrd ppr titled paper a delivered Baade lrgt eiee te opening the delivered Albright 211 (Lois Parkinson Zamora ed., Zamora Parkinson (Lois 211 L. R He presented the same talk at talk same the presented He ¶ L Incitement and Tort Law, Law, Tort and Incitement AW tr Dcss n Civil-Law in Decisis Stare G etmno y semblanzas: y Testimonios EV ALBRIGHT UILLERMO I : ANDERSON 5 (2002). 957 . N BAADE ¶ H NU OF ONOUR t h Australian the At F LORIS M T ARGADANT EE IN HEMES B ERNARD ¶ She 37 F O R T HE RECORD

WYATT MCSPADDEN 23 On ¶ LAW UT BUEL Summer 2003 Buel received the Gary Bellow

SARAH SARAH

HBUEL AH R A S Buel has given keynote addresses at a keynote addresses Buel has given In January, In Buel January, was the sole presenter to In January, Buel was In the January, sole presenter to the faculty of the Harvard Medical School at its symposium on domestic violence. “Trends and Challenges in Domestic Violence Domestic in Challenges and “Trends Law,” Jan. 6 at the California Attorney Gen- “Optimizing Sacramento; in Conference eral’s Accountability for Offenders and Safety for Fam- with Practices Court Promising Victims: ily Violence Cases,” Jan. 7 for the California Chief Probation Officers Conference Concord; and “Domestic Violence in Juvenile in Courts: Ethical Dilemmas and Promising Practices,” Feb. 14 at the State Bar of Texas Juvenile Law Conference in San Antonio. ¶ the faculty of the Harvard Medical School at its symposium on domestic violence. also gave a talk to first-year students at Har- She vard Medical School, “Ethical Interventions and Liability Implications for Physicians Handling Domestic Violence Cases.” Feb. 14, Buel was a panelist for the session Mountain Rocky the Theory” at Race “Critical Public Service Alumni Award from Harvard Law School on Nov. 4 in recognition of her work with victims of domestic violence. ¶ number of recent conferences, including “Reconciling Child Protection and Domestic Violence Interventions: Promising Court Practices,” Nov. 8 at the Virginia Child Protection Conference in Virginia Beach; “Safety and Domestic Violence Policy: Interventions,” Promising Practices for Tribal American Native Oklahoma the at 9 Dec. Domestic Violence Conference in Norman; ACTIVITIES , in He On was Bob- ¶ ¶ (Lon- (Lon- Times Wash- ¶ TATESMAN IMES The Times Felt. The Times S T Bobbitt was Marketing the ¶ EW , 10, Mar. 2003, N Why the US and ¶ ¶ , Feb. 2003, at 18 He gave a lecture, HE IMES Bobbitt participated The Guardian Bobbitt spoke to an T ¶ ¶ Bobbitt hosted an on- (London), and Austin- The Shield of Achilles: ¶ ¶ for her book Today’s War Is Against ¶ The Shield of Achilles N.Y. T N.Y. ROSPECT ¶ Also see Major Events. P The Shield of Achilles Also on 19 Mar. at the Library Pankaj Pankaj Mishra of the ¶ The Economist, The Guardian HE ¶ ¶ T Bobbitt’s Bobbitt’s In January Bobbitt participated in participated Bobbitt January In ¶ Newsnight. Bobbitt and Sir Michael Howard partici- He spoke at the Austin Rotary Club meet- Tomorrow’s Iraq, Literary Supplement War, Peace, and the Course of History Future of the State, ington Post, the UK Are Right to Target Iraq, of Congress, Bobbitt awarded Alice Fulton Nation- Bobbitt Johnson Rebekah 2002 the al Prize for Poetry in a discussion on NPR with Anthony Lewis on whether the war on terrorism is compro- mising our civil liberties on Mar. 7. gave a talk at the Brookings Institution on Mar. 17 on the future of U.S. foreign policy. ¶ pated in the discussion “Origins of War” at D.C., the Library of Congress in Washington, on 19. Mar. don), Jan. 10, 2003, at 22. don) reprinted Sir Michael Howard’s fore- word to Bobbitt’s (with Robert Skidelsky). selected by (London) on Jan. 22, available at www.thetimes.co.uk. http:// ACTIVITIES (2002) provided the point of departure for the first major address by the new bishop Arch- of Canterbury, Dr. Rowan Williams, on the future of the Church of England, as reported in the Dec. 19 issue of (London). (London), James Hoagland of the its Jan. 13 edition. audience of several Evening hundred at “An with Philip Bobbitt” at the LBJ Library on 21. Jan. the on terrorism interviewabout half-hour a BBC’s line Q&A session with readers of Jan. 17, 2003. based columnist Molly Ivins as one of the top books of 2002. at A19 (op-ed). Mar. 30 Bobbitt participated in “The Utility of Mar. Military Forces in the Contemporary World” at the All Souls Foreign Policy Program Oxford at University in England. Institute of the keynote speaker for the Royal International Affairs (RIIA) in London, where he spoke at Chatham House on regions remaking on Mar. 31. “International Security in the 21st Century,” 2. at the University of Houston on Apr. bitt also spoke to the Houston Committee on 2. on the same topic on Apr. Affairs Foreign ¶ ing 8. on Apr. . 3 http:// OMMENT . C (London), Dec. ONST available at IMES T 19 C BAKER BOBBITT Is Regime Change in Iraq In November, Baker was an was Baker November, In ¶ Baker has been appointed to appointed been has Baker ¶ Youngstown: Pages from the The Logic of Scarcity: Idle ¶ STUART BERMAN The Archbishop Is Right: The Benjamin and Daniel Sabsay Baker presented “Sources of ANTONIO Berman was an invited discus- See See Major Events. MITCHELL BENJAMIN BENJAMIN ¶ L.J. 1 (2002), LYNN LYNN Skidelsky, UKE PHILIP Book of Disquietude, Spectrum as a First Amendment Violation, Necessary? Philip Bobbitt vs. Robert Nation-State Is Dying, were panelists for the brown-bag lunch dis- cussion “Fostering Environmental Compli- ance in South America: Constraints Bank 10 at the World Opportunities” on Feb. and in The D.C. Washington, meeting was spon- sored by the International Network of Envi- ronmental Compliance and Enforcement, the and Netherlands, the of Government the Bank World Institute. ACTIVITIES PUBLICATIONS 27, 2002, at 22. 27, ACTIVITIES the executive committee of Section on Constitutional Law. the AALS Potential Potential Liability for Attorneys in Group Settlements” as part of the sponsored by the seminar “Masters of Trial” third annual Houston Trial Lawyers Association on Nov. Houston. in 15 discus- roundtable the in participant invited sion “Constitutional Origins, Structure, and Change,” held at Rutgers University. The roundtable was part of “Global Dialogue on Federalism in the 21st Century,” sponsored by the International Association of Centers for Federal Studies and the Federations. Forum of 52 D ACTIVITIES torical torical Association and the Historic Orleans Collection. New www.law.duke.edu/journals/dlj/volume52/ Benjamin.pdf. (2002). sant at the “Roundtable on Responsibility in Responsibility on “Roundtable the at sant Law hosted and by Morality,” the University of Illinois Institute of Law and Philosophy and held at the University Urbana-Champaign in December. of Illinois at PUBLICATIONS ACTIVITIES 33_ForTheRecord 33_ForTheRecord 6/9/03 12:53 PM Page 23 x 2 2 2 2 x 3 3 _

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N E D D A P S C M T T A Y W PUBLICATIONS n Byn, pnoe b Hrad Law Apr.on School,12. Harvard by sponsored Beyond, and Critiques Development: Economic and Law Right to Development” at the Conference on “The Relationship Between ‘Culture’ and the FacultyColloquium. Law of School Pittsburgh of University the at Law” International in Rights and Culture of tions Percep- “Feminist presented Engle 31, Mar. Women’sMar.on Association 24. Law School International Law Society and Law Duke the at Justice” International for Struggle the and Culture, Feminism, Right? 3. Dec. on shop work- faculty University State Arizona the Terrorism”at on War the Legitimizing zens: Citi- Good and Aliens Good of Construction PUBLICATIONS Robert Peroni). Robert Dawson Juvenile Law Institute.” Law Juvenile Dawson Robert “Professor the conference the rename Bar of Texas Juvenile Law Council decided to Inaddition,onFeb. 12,theState tive preview). (annual case law review) and Feb. 14 (legisla- Section conferenceinSan AntonioonFeb. 12 TexasLaw of Juvenile Bar State Annual 16th PUBLICATIONS ACTIVITIES L. R ACTIVITIES ACTIVITIES S 16 F ILY PUBLICATIONS 1 20) rveig W (reviewing (2002) 617 Sampson and Harry L. Tindall). Tindall). L. Harry and Sampson ¶ for International Management Education. the Center the of and Association, Initiative Bar American Law Asia the D.C., ton, Washing- in Embassy Afghan the spon- by sored jointly is project The Afghanistan. Certified? An Empirical Study of Discretionary of Study Empirical An Certified? edne Lwe Eut Ivsmns in Investments Equity Lawyer pendence: Animosity Presumption in Title VII and the and VII Title in Presumption Animosity EDERAL Transfers from Juvenile to Criminal Court, Criminal to Juvenile from Transfers Clients, Return of “No Cause” Employment, Employment, Cause” “No of Return ROBERT Also see Major Events. Major see Also C EV T ODE . B. T B. . DZIENKOWSKI KAREN . 1177 (2003) (with Chad Derum). Chad (with (2003) 1177 . LEE S 81 T 81 A TATUTES NNOTATED EX See Major Events. Major See Dawson gave two lectures to the to lectures two gave Dawson nl gv a ae tte “The titled paper a gave Engle EXAS . J . S h Dcie n ayr Inde- Lawyer in Decline The ¶ AMPSON h Rs o te Personal the of Rise The UV JOHN (Aug. 2002 ed.) (with John (with ed.) 2002 (Aug. FENNELL ¶ oe Rule, Homes L. R L. . L. S L. . , She presented “What Is “What presented She WITH EV & T & DAWSON ECT ENGLE . 405 (2002) (with (2002) 405 . R INDALL . R . ILLIAM ELATED ¶ EP She delivered She . 10 (2002). 10 . 1 Y 112 ’ ¶ S . F A. T Who Gets Who S EXAS AEAND TATE 81 T 81 ALE ISCHEL ¶ F EXAS L.J. AM On - , ACTIVITIES ACTIVITIES 35 [1999]). 35 PUBLICATIONS olina School of Law on Feb. 20 as part of the Car- North of University the at (2003) 567 ed., 2002) (reprinted from 31 S. L S. 31 from (reprinted 2002) ed., rne i 3 L 33 in printed T New Haven on Apr.on 22. Haven New paper totheYale Workshop Legal History in America.” Era Progressive in Identity National and Race, Immigration, European People? the “Who, at theUniversityofLancaster(England), History and Law in Lecture Endowed Iredell Washington,D.C. Black attheGeorgetown LawCenterin Charles of honor in symposium a at Liberal” Southern a of Constitution the in ination Imag- and Memory,History, Rights’: States’ of Corpse Undying ‘Grisly, the and ration, Decla- the “Lincoln, titled paper a sented 7–8. Feb. on School Law California Southern of University the at held Conference Finance Public ioral Behav- the at Baron Jonathan and Caffery Mc- J. Edward by paper a on commented year.previous the appearing cles arti- land-use five top the of one as it fied identi- that process peer-review inclusion a through for selected was and (2002), North Carolina Law Review Law Carolina North Cognition, and Taxes, Death, ACTIVITIES D ¶ far t hl iiit te a Marshall Ray the initiate help to Affairs Public of School LBJ the at Marshall Ray with along planner conference as also served He 22–24. Apr. Washington in held Time of Growing Inequality” conference, Organized Labor: Restoring the Balance in a Future at“The “Labor andtheLaw” of eae Scrt v. ii Lbris in February. Liberties” Civil vs. “Security debate R s nFuke,in Faulkner, in ism n Ra Sel: ad s Eatos Re- Exactions Use Land Steals: Real and and Cognition, and Troubled Contractual Waters, Contractual Troubled HE EV visited, CDSOF ECADES JULIUS Unquiet Ghosts: Memory and Determin- and Memory Ghosts: Unquiet 0 (2002). 709 . 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Center. ¶ He helped to establish a new on affirmative action at the University of including the New York Times, Wall Street grievance system for UT and served as a Louisville Law School in Louisville, Ken- Journal, Washington Post, Chicago Trib- member of the University Committee on tucky. ¶ Douglas Laycock and Lino Graglia une, Forbes, Los Angeles Times, San Fran- Academic Freedom and Responsibility. debated affirmative action at the Law School cisco Chronicle, Agence France Presse, Asian ¶ Also see Major Events. on Feb. 20 (sponsored by the Thurgood Wall Street Journal, Frankfurter Allgemeine Marshall Legal Society), in Welch Hall on Zeitung (Frankfurt), Globe and Mail (Toronto), STEVEN GOODE Mar. 26 (sponsored by Beta Alpha Rho, the Mercati Finanziari (Milan), National Post 1&2 TEXAS PRACTICE: GUIDE TO undergraduate pre-law fraternity), on KUT- (Toronto), Schweizerische Depeschenagentur,

THE RECORD PUBLICATIONS THE TEXAS RULES OF EVIDENCE (3d ed. 2002) FM on Mar. 31, and before the Austin Inns of and Wall Street Journal Europe. (with Guy Wellborn and Michael Sharlot). Court on Apr. 15. SUSAN KLEIN

FOR ¶ 2A TEXAS PRACTICE: COURTROOM HANDBOOK ON TEXAS EVIDENCE (2003 ed.) (with Guy Well- ROBERT ACTIVITIES With Michael Avery, Klein wrote born and Michael Sharlot). ¶ COURTROOM HAMILTON an amicus brief to the U.S. Supreme Court HANDBOOK ON FEDERAL EVIDENCE (2003 ed.) PUBLICATIONS FUNDAMENTALS OF MODERN in support of the respondent in Chavez v. (with Guy Wellborn). BUSINESS: A LAWYER’S GUIDE, 2003 CUMULATIVE Martinez. ¶ She was quoted in the Nov. 26 ACTIVITIES Goode presented “Evidence Up- SUPPLEMENT (2003) (with Richard A. Booth). editions of the Los Angeles Times and the

RICK PATRICK RICK ¶ CASES AND MATERIALS ON CORPORATIONS, Miami Herald regarding the practical effect INCLUDING PARTNERSHIPS AND LIMITED LIABILITY of a ruling for the government in Martinez v. COMPANIES (with Supplementary Pamphlet Oxnard, which was set for oral argument and Teacher’s Manual included) (8th ed. before the U.S. Supreme Court on Dec. 4. 2003) (with Jonathan R. Macey and Rich- ¶ On Jan. 24 Klein presented “The New ard A. Booth). Federal Rules” to the Office of the Federal ACTIVITIES Hamilton gave the Seventh Public Defender, Western District of Texas, Annual Frankel Lecture at the University of in the federal courthouse in Austin. ¶ She Houston Law Center on Nov. 8, titled “The presented “Terrorism and Civil Liberties” Crisis in Corporate Governance: 2002 (with Robert Pittman, U.S. Attorney’s Office Style.” ¶ He also gave the Godfrey lecture for the Western District of Texas) to the on the same topic at the University of Maine Robert W. Calvert American Inns of Court Law School in October. on Feb. 18 at the Headliners Club.

BARBARA HINES KIMBERLEE ACTIVITIES Hines was interviewed by KERA- KOVACH FM in Fort Worth on Dec. 6 regarding pros- PUBLICATIONS MEDIATION IN A NUTSHELL ecution of Filipino airport workers in light of (St. Paul: Thomson/West, 2003). STEVEN STEVEN GOODE immigration developments that are part of ACTIVITIES In January, Kovach presented Goode, Wellborn, and Sharlot’s Texas the U.S. war on terrorism. ¶ On Dec. 9, “Teaching Law in ADR Courses” and “ADR evidence treatise is in its third edition. Hines was quoted in the Detroit Free Press Clinics: Supervision and Evaluation” as part on the lack of constitutional checks on of the “Workshop on Dispute Resolution: date” at the State Bar of Texas 19th Annual searches at Border Patrol highway check- Raising the Bar and Enlarging the Canon” at Litigation Update Institute on Jan. 10 in points. ¶ She spoke at the Law School’s the annual meeting of the Association of Austin. ¶ In February he presented “Chil- annual School Law Conference held Feb. 28 American Law Schools in Washington, D.C. dren in the Courtroom” at the Texas Center in Austin, presenting “Immigration Issues ¶ On Feb. 14, Kovach presented “The Role for the Judiciary’s winter regional confer- Relating to Schools.” ¶ At the Law School’s of Government: Building the Infrastructure ence in El Paso. CLE program on Mar. 7 in Richardson, she for Our Nation’s Businesses” at the Women presented “Immigration Law Fundamentals: in Business Leadership Conference spon- LINO GRAGLIA A Practical Guide to Removal Procedures sored by the McCombs School of Business. PUBLICATIONS “Right to Be Let Alone” Isn’t in and Strategies,” on Apr. 4 in Houston, and ¶ On Mar. 21, she participated in the panel the Constitution, WALL ST. J., JAN. 14, 2003 on Apr. 24 in El Paso. presentation “Fairness in Mediation and (letter). ¶ Why Race Preferences in Ad- Arbitration: What Role (If Any) for the missions Aren’t the Answer, CHRON. HIGHER HENRY HU Neutral?” at the Fifth Annual ABA Section of EDUC., Mar. 7, 2003, at B20. ¶ Give the ACTIVITIES Hu appeared on the CNBC shows Dispute Resolution in San Antonio. ¶ On Decision (on Race Preferences) Back to Business Center and Wake-Up Call and the Mar. 22, Kovach presented “The Use of Film Congress, AM. ENTERPRISE, Apr.–May 2003, National Public Radio shows Marketplace, Clips to Teach Dispute Resolution Theory at 27. ¶ Facing Reality on Preferential Ad- Marketplace Morning Edition, and Weekend and Skills” at the Legal Educators Collo- missions, WALL ST. J., Mar. 17, 2003 (letter). Edition with respect to corporate gover- quium, sponsored by the ABA Section of ACTIVITIES On Feb. 1 in Columbus, Ohio, nance, securities regulation, and other Wall Dispute Resolution and the AALS ADR Graglia took part in the debate “Civil Street–related issues. ¶ Hu was quoted Section. ¶ On Apr. 4, she presented “Medi- Liberties and the Fight Against Terrorism.” extensively on these and other financial and ator’s Privilege” at the Travis County Bench ¶ He also participated in a debate on Feb. 14 legal matters by national and foreign media, and Bar.

26 UTLAW Summer 2003 F OR THE RECORD . in HI 27 on LAW On Mar. 10, Mar. On (University on Mar. 9. on Mar. On Dec. 15, 2002 U. C U. 2002 ¶ Greatorex v. UT ¶ Critical Faculties MANN L.J. 386 (2002). New York Times Cards International. He spoke to the Hous- mer 2003 ¶ (Jan. 2, 2003), available m Boston Globe AMBRIDGE u BASIL Foreign Law Inspiring Na- S The Warren Court Has Left Levinson’s Levinson’s presentation at the The president of the Federal Mann presented a talk at the He presented the paper “Beyond SANFORD SANFORD He was quoted on developments Japanese Get a Yen for Credit LEVINSON ¶ ¶ American Journal of Jurisprudence, MARKESINIS F. 119. F. RONALD Scholarship, Reputation of Scholarship, Also see Major Events. Mann was quoted on his reasons for com- a Comparatist’s Point of View porary Discussions of Equality, EGAL and Legacy: Provocative Reflections from tional Law: Lessons from the Building: Some Comments on Contem- Mann was quoted on Austin’s KUT-FM on the legal repercussions of the hacking databases. UT from numbers Security Social of ¶ Greatorex, 61 C PUBLICATIONS some of the philosophical and conundrums connected evidential to the Bush admin- istration’s demand that Iraq “prove a nega- tive,” namely, that it has no mass destruction. weapons of at http://ndpr.icaap.org/content/archives/ 2003/1/reginster-leiter.html. Leiter was quoted in an article in the Week in Review of the section ACTIVITIES ACTIVITIES ACTIVITIES column in the ¶ ing to UT Law in the Feb. 28 issue Chronicle of the of Higher Education. which will publish the conference papers. University of Washington Law School on 3 concerning his Feb. research, “The Role of IP Protection in Financing Software Inno- vation.” L ¶ College Dublin Faculty of Law, College 2003). of Dublin Law, Faculty recent symposium “The Louisiana Purchase Louisiana “The symposium recent and American Expansion” was quoted weekly Shea’s Christopher in the Feb. 2003 issue of PUBLICATIONS ton Rotary Club on Feb. 27 about the text- book selection process in Texas schools. public in Japanese credit-card markets by Tony O’Brien in the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence” on Apr. 11 to the Foundations:Moral “Law’s It conference Has sponsored School, Law Dame Notre at Any?” by the - 4 AX AX RO T T Also Q. 9 Q. P Leder- ¶ [1995]). ¶ EWS EDERAL With Lino EDERAL N F F ¶ N ’ RITING W AX and the Feb. 14 RACTICE AND Notre Dame Philo- P . T . (Leandra Lederman (Leandra Lederman EGAL EC LEITER AX L T Nietzsche on Morality . 182(2003). LECLERCQ FF A 319 (2001). XPERT Examinations, in L Prospects and Problems for ROCEDURE ROCEDURE What Has the Fifth Circuit Examining Other Professional ’ EDERAL P P . B.J., Dec. 2002, at 42 (ex- ¶ AT F Leiter’s Lederman presented “Tax Com- LEANDRA LeClercq’s contribution LeClercq’s to model N OPICS ICH BNA Law Week Class Action Litigation Report. ¶ LEDERMAN (Leandra Lederman ed., 2003). ed., Lederman (Leandra M . T sophical Reviews BRIAN HIL Her plain-language revisions of three The Federal Judiciary Center’s Model Tax Returns and Elections, in TERRI Tool for Practitioners and the Judiciary, UREAU OF RACTICE AND RACTICE AND Prose, the Social Epistemology of Evidence Law, Plain Language Class Action Notices: A New cerpted from E ¶ ed., 2003). ed., 2003). class notices was mentioned in the Feb. 11 issue of PUBLICATIONS (2002). 29 P ACTIVITIES (2002) was reviewed at Dunn?, 22 A.B.A.S 22 Dunn?, CEDURE P P ACTIVITIES ¶ class-action notices have been published on the Judicial Federal Center’s site, Web available at http://www.fjc.gov, as illustra- tions for proposed revisions of the federal court rules for class-action cases. ACTIVITIES see Major Events. man presented “The Interplay Compliance” Between Tax in Norms and Enforcement at the Kansas Law Review symposium “Tax Compliance: Should Congress Reform the 1998 IRS Reform Act?” on Mar. 6 University of Kansas School of Law. at the pliance and the Reformed IRS” to both the UT Faculty Colloquium on Jan. 31 and the 15. Study Group on Apr. Austin Tax ¶ issue of issue B PUBLICATIONS PUBLICATIONS ference ference “The Impact of Clergy Sexual Mis- conduct Litigation on Religious Liberty” at Boston College Law School. Graglia, Laycock debated affirmative action by (sponsored 20 Feb. on School Law the at the Thurgood Marshall Legal Society), in Welch Hall on Mar. 26 (sponsored by Beta Alpha Rho, the undergraduate pre-law fra- ternity), on KUT-FM on 31, Mar. and before the Austin Inns of Court 15. on Apr.

WYATT MCSPADDEN On ¶ Grutter L.J. 1 (2003). Laycock presented On Mar. 27, Laycock 27, Mar. On L ’ On Feb. 28, he partic-he 28, Feb. On On Apr. 2, he On gave the Apr. ¶ ¶ NT ¶ ¶ . I EX Introduction: International On Apr. 4, On he Apr. spoke at the con-

the University of Michigan affir- Michigan of University the 38 T LAYCOCK

DOUGLAS Laycock wrote an amicus brief to brief amicus an wrote Laycock ¶

K C O C Y A L S A L G U O D ycock participated in a conference on reli- a Weintraub, gion and sponsored by the the law, Princeton University Center for Law and Public Affairs. L guished Career of Professor Russell J. v. Bollinger, Litigation Symposium Honoring the Distin- PUBLICATIONS ACTIVITIES the U.S. Supreme Court on behalf of the American Law Deans Association in mative action case. action mative ipated in a conference on religion and the law, sponsored by the Princeton University Center for Law and Public Affairs. Mar. Mar. 8, Laycock gave the annual constitu- tional law lecture at State Southwest Texas University, presenting “The Supreme Court and Religious Liberty.” He spoke same topic on 15 Nov. to the De Tocqueville on the UT-Austin. at Society Dermot S. McGlinchey Lecture on Federal Litigation at the Tulane University School, Law “New Developments in Federal Injunctions: Judge Tjoflat’s Remarkable Proposal to Abolish Injunctions Against Unlawful Conduct.” presented “Religious Expression at State Universities” to the Christian Faculty Net- work at UT-Austin. “The Status of Religious confer- Conscience the at Law” Constitutional American in ence “Diverse Visions in American Health Care” at the Catholic University of America 3. on Apr. 22x33_ForTheRecord 22x33_ForTheRecord 6/9/03 12:53 PM Page 27 22x33_ForTheRecord 6/9/03 12:54 PM Page 28 FOR

AI MARKESINIS BASIL Taxation, 56 TAX L. REV. 81 (2002) (with The president Stephen Shay and J. Clifton Fleming, Jr.). of the Federal ACTIVITIES During the 2002–03 academic H RECORD THE Republic of year, Peroni served as the J. Landis Martin

WYATT MCSPADDEN Germany, Visiting Professor of Law and Business at Johannes Rau, Northwestern University in Chicago. ¶ In conferred Dec., he served as a co-chair of the 15th upon Annual Institute on Current Issues in Inter- THE RECORD Markesinis national Taxation, cosponsored by George the Knight Washington University and the Internal

FOR Commander Revenue Service, held in Washington, D.C. of the Order ¶ He and John Dzienkowski served as co- of Merit chairs of the planning committee for the with Star. Eighth Biannual Parker Fielder Oil and Gas Tax Conference, cosponsored by the Uni- Republic of Germany, Johannes Rau, con- jointly by the European Centre of Tort and versity of Texas and the Internal Revenue ferred upon Markesinis the Knight Com- Insurance Law (ECTIL) and Munich Re Service, to be held in Houston in October. mander of the Order of Merit with Star for Group in Munich in February. ¶ She attend- ¶ Peroni presented the paper “Reform and services to “Comparative Law, German Law, ed the 30th Anniversary Program for the Simplification of the Foreign Tax Credit and Anglo-German Relations.” Supreme Court Judicial Fellows Program at Rules” at New York University School of the United States Supreme Court on Jan. Law’s “Seminar for the Government” in Feb- THOMAS 20–21. She was a Judicial Fellow from 1989 ruary. He also presented the same paper in MCGARITY to 1990. February as a work in progress at the Uni- PUBLICATIONS Professor Sunstein’s Fuzzy versity of Miami School of Law’s Graduate Math, 90 GEO. L.J. 2341 (2002). NEIL Tax Program. ¶ In April, he presented the ACTIVITIES On Mar. 30, McGarity presented NETANEL paper “The Chaotic State of Tax Policy in the paper “Regulating Pesticides Through PUBLICATIONS THE COMMODIFICATION OF INFOR- 2003” as part of the 10th Annual McGeorge Contract and Other Voluntary Arrangements: MATION (Niva Elkin-Koren & Neil Netanel School of Law’s Distinguished Speaker The Implications of the Starlink Fiasco” at a eds., 2002). ¶ Introduction: The Commodi- Series. He also presented the same paper in symposium at the Marshall-Wythe Law fication of Information, in THE COMMODI- April as a work in progress at the University School of William and Mary University. FICATION OF INFORMATION (Niva Elkin-Koren & of San Diego School of Law. Neil Netanel eds., 2002) (with Niva Elkin- ROY MERSKY Koren). ¶ The Commercial Mass Media’s SCOT POWE ACTIVITIES Mersky was appointed to the Continuing Fourth Estate Role, in THE COM- PUBLICATIONS THE WARREN COURT AND AMERI- executive committee of the Texas Supreme MODIFICATION OF INFORMATION (Niva Elkin- CAN POLITICS (2000), reviewed at 18 CONST. Court Historical Society. ¶ Mersky was Koren & Neil Netanel eds., 2002). COMMENT. 661 (2001). appointed by UT president Larry Faulkner to ACTIVITIES Netanel was a Distinguished ACTIVITIES See Major Events. serve on the search committee for the post Visitor at the University of Toronto Faculty of of vice provost for libraries at UT-Austin. Law for two weeks in January. ¶ He also gave WILLIAM POWERS ¶ He was named a “mover and shaker” by the keynote address at the University of To- PUBLICATIONS CASES AND MATERIALS IN PRO- Library Journal, the oldest independent ronto “Conference on Governance and Gov- DUCTS LIABILITY (3d ed. 2002) (with Fischer, national library publication. ernments in Cyberspace” on Jan. 24. ¶ Net- Green, and Sanders). anel presented an overview of copyright law ACTIVITIES Powers was appointed by Presi- LINDA MULLENIX and the first amendment at the conference dent Faulkner as lead liaison for the Sub- PUBLICATIONS Class Actions: Apocalypse For- “Freedom of Expression and Copyright,” committee on Graduate and Professional ever: Revisiting the Adequacy of the Agent sponsored by the Queen Mary, University School Education of the Commission of 125. Orange Settlement, Twenty-Five Years Later, of London Department of Law and held in ¶ He was also a member of the ad hoc 2002–03 PREVIEW U.S. SUP. CT. CAS. 274 London on Mar. 21. ¶ Netanel presented his Consultative Committee to Advise the Provost (Feb. 21, 2003). ¶ Complex Litigation: Class paper “Impose a Noncommercial Use Levy Concerning the Selection of a Vice Provost Actions II, NAT’L L.J., B7 (Jan. 13, 2003). to Allow Free P2P File-Sharing” before a and Dean of Graduate Studies. ¶ Powers ¶ The September 11th Victim Compensation Stanford Law School faculty workshop on was a member of the Colleges Task Force Fund: Fund Approaches to Resolving Mass Apr. 9. Committee. ¶ He was also named a life fel- Tort Litigation, 9 CONN. INS. L.J. 121 (2002– low of the American Bar Foundation. ¶ On 03) (with Kristen B. Stewart). ROBERT PERONI Jan. 13, Powers participated in the St. ACTIVITIES Mullenix presented “Develop- PUBLICATIONS The Decline in Lawyer Indepen- Gallen MBL-HSG program in Zurich, Swit- ments in the Procedural Means for Resolv- dence: Lawyer Equity Investments in Clients, zerland. ¶ He hosted the Excellence in Diver- ing Mass Tort Litigation in the United 81 TEXAS L. REV. 405 (2002) (with John sity Weekend welcome reception on Jan. 17 States, 1975–2003” at the “Conference on Dzienkowski). ¶ “What’s Source Got to Do at the Law School. ¶ Powers visited South Liability for Acts of Terrorism,” sponsored with It?” Source Rules and U.S. International Texas schools and delivered a presentation

2 8 UTLAW Summer 2003 SunflowerSocietyAd 6/6/03 12:46 PM Page 1 U T LAW SUNFLOWER SOCIETY

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MEMBERSHIP BENEFITS: LAW ALUMNI ASSOCIATION PRESI- DENT MIKE PERRIN, ’71 (RIGHT), . AND DEAN BILL POWERS (LEFT) PRE- Annual dinner hosted by the Dean SENT MILAM NEWBY, ’03, WITH THE . Personalized, commemorative brick at FIRST CERTIFICATE OF MEMBER- the Law School SHIP IN THE SUNFLOWER SOCIETY. . Certificate of Membership

For more information on the Sunflower Society, and other ways to contribute to the Law School’s Annual Fund, please call the Law Alumni Association Office at (512) 232-1118, or send an email to [email protected] * First year pledge is due by August of the year following graduation. 22x33_ForTheRecord 6/9/03 12:54 PM Page 30 Page PM 12:54 6/9/03 22x33_ForTheRecord

FOR THE RECORD 30

WYATT MCSPADDEN ¶ Bar Association Mid-Year National Conference reception. the hosted Powers 10, Apr. 8. Apr. on School Law the at CPPDR the of celebration anniversary ten-year Day. Students’ Prospective School Law at come zations to the U.S. Supreme Court in organi- education higher other 53 and tion Educa- on Council American the from brief amicus an prepare helped Professors, sity Univer- of Association American the of sel ute to Professor Gerald Gunther). Gerald Professor to ute ACTIVITIES Austin. in Counsel GroupbusinesssessiononMar. 29 ¶ Seminary.Theological Presbyterian Austin of Rev. TheodoreWardlaw aspresidentof was he the UT delegate at the inauguration day.same the on Irving in Council President’sAdvisory College Austin 24. Mar. on Austin in Committee Executive Bar ¶ 28. Feb. on School Law the at posium sym- TIPLJ the at remarks welcoming the 22. Feb. on Laredo in Cigarroa Ricardo Dr. and Cigarroa Francisco Dr. honoring luncheon Texas South Mr. the ed 8. Feb. on Enron,” from “Lessons Center Convention Austin the at Conference Ethics Business the at Watkins Sherron with speech a delivered 23. Jan. on Christi University–Corpus A&M University–Kingsville,andTexas A&M Texasat Texas(Laredo), International A&M PUBLICATIONS rd sec o Ern o h TACTAS the to Houston. Group, Appellate Enron on speech a ered Mentor, v. Bollinger, v. sion of 125. of sion Commis- the of Education School Professional and Graduate on mittee Subcom- the for liaison lead Faulkneras President by appointed P Powers gave a speech at the Texas General Also see Major Events. Major see Also oes pk bfr te rvs County Travis the before spoke Powers owers was owers UT DAVID ¶ ¶ He alsodeliveredthewelcomeat e lo eiee a peh o the to speech a delivered also He LAW 55 S 55 ¶ Rabban, acting as general coun- general as acting Rabban, the University of Michigan affir- On Apr. 4 he delivered the wel- the delivered he Apr.4 On TAN ead ute: Generous Gunther: Gerald umr2003 Summer . L. R L. . ¶ RABBAN On Feb. 20, he deliv- he 20, Feb. On EV WILLIAM POWERS . 669 (2002) (trib- (2002) 669 . ¶ oesattend- Powers ¶ On Mar.28, On ¶ e gave He Grutter ¶ ¶ On He Limits?” in Haifa, Israel. Haifa, in Limits?” conference Law “Democracy Versus Terror: Where Are the of Faculty Haifa of After Bello September 11”onDec.17attheUniversity in Jus and Bellum ad “Jus genevaConventions/gc-ratner.html. PUBLICATIONS ACTIVITIES G Wippman). (2002) (withJeffreyDunoffandDavid I (2002). 905 L. P siouni ed., 2002). ed., siouni late-nineteenth-century legal scholarship. legal late-nineteenth-century in at thelawschoolaboutroleofhistory talk another AAUP,and the of chapter sity Univer- Indiana the and Institute Kinsey the by sponsored forum a at Freedom” demic Aca- Institutional and Individual Between Tension “The February: in University Indiana case. action mative ¶ YorkCity.New in 24 Jan. on Era” War Post–Cold the in Council Security UN “The conference Academy’s Peace International the at Law?” Create Council Security UN ¶ Self-Restraint.” Meaningful for Possibilities Human DignityinTimes of Crisis: On the titled “Overcoming Temptations to Violate paper a presented Ratner Security” ity, Equal- “Liberty, Law conference international of Faculty University Aviv Tel the the to 11” September after Bello in Jus and Bellum NTERNATIONAL able at at able in in Bello After September 11, September After Bello in og: (ak f Pors Rpr,in Report, Progress of) (Lack A Rouge: OST ENEVA STEVEN Ratner was on the panel “Does the “Does panel the on was Ratner C anr rsne te ae “u Ad “Jus paper the presented Ratner University of University IE OF RIMES -C ONFLICT the Legal Theory Colloquium at Colloquium Theory Legal the C http://www.crimesofwar.org/expert/ ONVENTIONS ¶ anr eiee te paper the delivered Ratner Codifying the Unconventional, the Codifying L Accountability for the Khmer the for Accountability W J AW USTICE AR ¶ Michigan Law School on School Law Michigan N : ¶ , (Jan. 30, 2003), 30, (Jan. , P ¶ T Jus ad Bellum and Jus and Bellum ad Jus ROJECT ORMS EACHER He gave two talks at talks two gave He 1 M Cei Bas- Cherif (M. 613 RATNER A , ¶ R : CTORS 96 A 96 ’ On Dec. 18 at 18 Dec. On S TIKN THE ETHINKING M NA FOR ANUAL M P , . J.I . ROCESS avail- NT ’ L 92 ril in article 1992 three Mexicans on state death rows. of execution the stay to U.S. the to order Justice of Court International bilt University Law School. Law University bilt tration Symposium on Mar. 14–15 at Vander- Arbi- Commercial International the at bility” land Switzer- Lausanne, in Sport of for Arbitration Court the of mediators of panel the of Feb. 23 Feb. a in quoted was States” Failed “Saving ACTIVITIES the Feb.11. on broadcast Club?” the Join Saddam Will PUBLICATIONS states. feasibility of building democracy in failed u ae o eiiiiy o te death the 18. to 17 from penalty for eligibility for age mum a of mini- the raise would that favor bills of group in Justice Criminal on mittee Rep of House Texas ¶ terrorists. and leaders foreign of nation assassi- on law international the cerning con- 27 Feb. on WWRL-AM City’s York Voice of America of Voice ACTIVITIES 17. McCombs MBATexas PlusprogramonMar. New the Technologythe of Academy Assessment for law property intellectual on Hall. Boalt at Clinic Policy the and Samuelson Law, Technology, Technology and Public and Law for Center Berkeley the by sponsored Management,” Rights Digital of Technology and Law “The conference the at Systems” Management “Legal Incentives for Adopting Digital Rights 5. Feb. on Center Research Harry Humanities UT’s Ransom at archives and libraries for Act Extension Term Copyright Bono Sonny Domain,” concerningtheimplicationsof Public Unpublished The Archives: and ¶ School. Law Stanford at Seminar Contract and Property Technology High Radin’s Jane Margaret Professor to networks on the first-sale doctrine in the era of digital (2002). e. 4. Feb. Review: A Brief Rejoinder, Brief A Review: ANTHONY Also see Major Events. Major see Also anr etfe o Mr 4 eoe the before 4 Mar. on testified Ratner ¶ ainl a Journal Law National On Mar. 20, Reese presented a paper a presented Reese 20, Mar. On ¶ ¶ e rsne te ae “Separa- paper the presented He ¶ ¶ New York Times Times York New ALAN On Mar. 1, Reese gave the paper the gave Reese 1, Mar. On Rau was appointed as a member a as appointed was Rau ¶ es gv te ak “Copyright talk the gave Reese e a itriwd n New on interviewed was He e a itriwd o the for interviewed was He On Feb.in 17,On quoted was he Abtaiiy ad Judicial and “Arbitrability” story story “Dictators in Exile: oeg Policy Foreign eettvs Com- resentatives RAU REESE 1 J. A J. 1 article on the on article ¶ n h recent the on He lectured He ¶ M . A . Ratner’s RB titled . 159 . 22x33_ForTheRecord 6/9/03 12:54 PM Page 31 FOR D AVID Research.” ¶ On Apr. 2, he was the lead ment, the Government of the Netherlands, ROBERTSON speaker in a debate on human cloning held at and the World Bank Institute. ¶ He present- Boston University and televised on C-SPAN. ed “Environmental Constitutional Provi- H RECORD THE PUBLICATIONS Understanding Panama Rail- sions in Argentina” at the symposium “Envi- road Co. v. Johnson: The Supreme Court’s DANIEL SABSAY ronmental Law and the Constitution,” Interpretation of the Seaman’s Elections PUBLICATIONS El Federalismo y la nueva organized by Pace Environmental Law Under the Jones Act, 14 U.S.F MAR. L.J. 229 Ley General del Ambiente [Federalism and Review, on Mar. 28 in White Plains, N.Y. (2001–02) (with Michael Sturley). the New General Environmental Law], in ¶ He lectured on federalism and civil socie- ACTIVITIES Robertson presented a paper ANALES DE LEGISLACIÓN ARGENTINA [ANALECTS OF ty to the “Conciencia” Association, an Argen- titled “The Supreme Court’s Approach to ARGENTINE LEGISLATION] (La Ley Newsletter tine NGO, on Apr. 11. Determining Seaman Status: Discerning the eds., 2002) (with María Eugenia Di Paola). Law Amid Loose Language and Catch- ¶ Manifestación popular de ahorristas: JOHN SAMPSON phrases” at the LSU Law Center’s First An- ¿derecho de petición (art. 14, Const. Nac.) PUBLICATIONS Uniform Interstate Family nual Alvin B. Rubin Seminar on Maritime o subversión del sistema democrático (art. Support Act (2001) with Prefatory Note and Personal Injury, Nov. 15. ¶ On Dec. 10, 22, Const. Nac.)? [Savers’ popular move- Comments (with Still More Unofficial Anno- Robertson was the luncheon speaker at a ment: Right of petition (Section 14, National tations), 36 FAM. L.Q. 329 (2002) (with meeting of the Texas Exes chapter in San Constitution) or subversion of democratic Barry J. Brooks). Angelo. ¶ He was part of the faculty at an system (Section 22, National Constitu- ACTIVITIES Sampson, with Cynthia Bryant, all-day torts seminar for the Louisiana tion)?], in REVISTA DE DERECHO PÚBLICO: EMER- ’76, conducted a nationwide teleconference Judicial College in New Orleans on Dec. 13. GENCIA ECONÓMICA [PUBLIC LAW MAGAZINE: titled “The New Uniform Parentage Act” in ECONOMIC EMERGENCY] (Rubinzal-Culzoni ed., December. ¶ In January, Sampson complet- JOHN ROBERTSON 2002). ¶ Estado, Nación y País [State, Nation ed his term as chairman of an ad hoc com- PUBLICATIONS Constitutional Issues in the and Country], 8 REVISTA “EL PARAGUAS” [“THE mittee appointed by the House of Represen- Use of Pharmacogenomic Variations Asso- UMBRELLA” MAGAZINE] (Asociación Civil tatives Juvenile Justice and Family Issues ciated with Race, in PHARMACOGENOMICS: Paraguas Club eds., 2002). Committee to draft proposed legislation SOCIAL, ETHICAL, AND CLINICAL DIMENSIONS ACTIVITIES Sabsay became a member of the dealing with appointment of attorneys (Mark Rothstein ed., 2003). ¶ PGD: New jury of the Evaluation Committee of the Social and guardians ad litem in private custody Ethical Challenges, 4 NATURE REVIEWS GENET- Actions and Institutional Development Pro- cases and in cases alleging abuse and ICS 6 (2003). ¶ $1000 Genome: Ethical and gram (PASDI), carried out by St. Andrew’s neglect brought by the Texas Department Legal Hurdles, 4 NATURE REVIEWS GENETICS 82 University (Universidad de San Andrés), the of Protective and Regulatory Services. (2003). ¶ Patentability and Higher Life Latin American Faculty of Social Sciences After the legislature convened, Sampson tes- Forms, 4 NATURE REVIEWS GENETICS 162 (FLACSO), and the Center for Legal and tified almost weekly as a resource witness. (2003). ¶ Ethical Issues in New Uses of Social Studies (CELS). ¶ Sabsay delivered ¶ Sampson presented “The Uniform Inter- Preimplantation Genetic Diagnosis, 18 HUM. the lecture titled “Overview of the State of state Family Support Act for Private Practition- REPRODUCTION 65–71 (2003). Law in Latin America and in Argentina” on ers” at the ABA National CLE Conference held ACTIVITIES Robertson spoke at the Yale DANIEL SABSAYDANIEL Legal Theory Workshop on Nov. 21, present- Sabsay ing “Procreative Liberty in the Age of delivered the Genomics.” ¶ Robertson gave a talk at Duke lecture titled

Law School on Dec. 3 titled “The $1000 WYATT MCSPADDEN “Overview of Genome: Ethical and Legal Issues.” ¶ On the State of Dec. 4, he presented “Embryonic Stem Cell Law in Latin Research and Therapeutic Cloning: Ethical America and and Legal Issues” at Duke Medical School. in Argentina” ¶ Robertson was quoted in a Wall Street on Feb. 7 at Journal article about cloning on Jan. 2. UT-Austin’s ¶ Robertson was the keynote speaker at Institute for the conference “Revamping the Law on Latin Amer- Assisted Reproduction” at the University of ican Studies. Minnesota on Jan. 28. ¶ On Feb. 10, he was quoted in the Washington Post on the impli- Feb. 7 at UT-Austin’s Institute for Latin in Snowmass, Col., on Jan. 6. ¶ As a mem- cations of a study showing the ability to American Studies (ILAS). ¶ He and Antonio ber of the five-person U.S. delegation to knock out a gene in embryonic stem cells. Benjamin were panelists for a brown-bag The Hague to consider a new maintenance ¶ Robertson presented “Sharing the Fruits lunch discussion, “Fostering Environmental convention, Sampson attended a planning of Genetics Research” at the conference Compliance in South America: Constraints meeting in Washington, D.C., on Feb. 4. “Benefit-Sharing in Genomic Research” at and Opportunities” Feb. 10 at the World the University of Pennsylvania on Mar. 2. Bank in Washington, D.C. The meeting was WAYNE SCHIESS ¶ He spoke on Mar. 25 at Texas Tech Law sponsored by the International Network of ACTIVITIES In December, Schiess presented School, presenting “Embryonic Stem Cell Environmental Compliance and Enforce- “Clear Legal Drafting” for the State Bar of

Summer 2003 UTLAW 31 22x33_ForTheRecord 6/9/03 12:54 PM Page 32 Page PM 12:54 6/9/03 22x33_ForTheRecord

F O R THE RECORD 32 PUBLICATIONS mended by Tom Mighell in Mighell Tom by mended recom- was (http://legalwriting.net) site PUBLICATIONS Commerce about reform of Russia’s energy Russia’s of reform about Commerce and Trade of Federation’sMinistry Russian the from representatives with confer to 25 Mar. on Moscow to traveled Smith Evans, Donald Commerce of Secretary of request Houston. in 21 Mar. on Institute Law Mineral and Gas, Annual Oil, Smith 29th E. Ernest School’s Law the at date” board certified in juvenile law in December.in law juvenile in certified board became and 7 Oct. on Exam Specialization t cneec o abso ltgto at School. Law Pepperdine litigation asbestos on conference a at lawyers tort mass of responsibilities sional profes- the on article an presented Silver School. Law Columbia at by the Center for Law and Economic Studies sponsored Meeting Sky Blue the at article of School Law. Cardozo the and School Law in Mass Torts” cosponsored by the Brooklyn Issues Social and Economic, “Ethical, shop work- faculty the at actions class on article Goode and Guy Wellborn).Guy and Goode ACTIVITIES ACTIVITIES D for editor associate an March. in Press Academic Carolina the by published was Orleans. New in Course Drafting Law FamilyTexas’ Advanced ¶ Wellborn). Guy and Goode Steven (with ¶ ON PUBLICATIONS THE ACTIVITIES euae ayrCin Rltosis The Relationships? Lawyer-Client Regulate a Efreet Operation?, Enforcement Law Writing. Legal on the ’Net, the on Campaign to Prevent Insurers from Managing from Insurers Prevent to Campaign AME CHARLES PAMELA Defense Costs, Defense A T 2A Schiess’s T UT T ERNEST EXAS EXAS ¶ L. R RON LAW EXAS On Mar. 25 he presented the same the presented he 25 Mar. On E EV R VIDENCE Sigman passed the Juvenile Law Juvenile the passed Sigman Smith presented “Case Law Up- Law “Case presented Smith On Mar. 24, Silver presented an presented Silver 24, Mar. On SHARLOT MICHAEL . 307 (2003). 307 . LSOF ULES Writing for the Legal Audience Legal the for Writing P War on Terrorism or Global or Terrorism on War RACTICE & T 1&2 66 T 66 umr2003 Summer 44 A 44 hn hud Government Should When ¶ SIEVERT (2003 ed.) (with Steven (with ed.) (2003 Schiess was also named also was Schiess RIZ E EXAS EXAS C : VIDENCE . L. R L. . SIGMAN OURTROOM cie Junl of Journal Scribes SMITH P B.J. 114 (2003). 114 B.J. SILVER ¶ RACTICE EV ¶ The Write Stuff Write The Schiess’s Web Schiess’s . 787 (2002). 787 . (3d ed. 2002) ed. (3d n p. 4–5 Apr. On 8 N 78 G : H ¶ ANDBOOK IETO UIDE t the At OTRE

WYATT MCSPADDEN ¶ UCLA L. R L. UCLA law.gas and oil tory topic wasrecentdevelopmentsinnonregula- Landmen’s annual institute in Fort Worth. His Professional of Association American the to Mar. 29. on returned Smith changes. legislative posed pro- the on advisor an as serve to law leum petro- on expert international an provide to Evans Secretary asked reforms, the proposing is which Commerce, and Trade of Ministry Russian the and Duma, Russian the before pending currently is legislation subsoil AproposaltoamendtheRussian legislation. of Capital Punishment in Theory and Theory in Punishment Capital of W tralia National University.National Aus- tralia at Workshop Law Regulating tional Interna- Torts”the “Regulating to paper the 308 (2003) (reviewing A (reviewing (2003) 308 ACTIVITIES H ACTIVITIES S PUBLICATIONS PUBLICATIONS R What the Court Said in in Said Court the What aeLw oue “ide Theory,” “Middle Focused Case-Law JANE JORDAN EV TEIN AVE corpus, and the death penalty.death the and corpus, law,constitutional habeas federal S HAT Comparative Economic Loss: Lessons from Lessons Loss: Economic Comparative t . 305 (2002) (reviewing J (reviewing (2002) 305 . eiker has written extensivelyon written has eiker S , T B AID ONV ROWN ORT ¶ ). EV On Apr. 10, he gave a presentation Steiker presented “The Morality “The presented Steiker n a. 1 Saltn delivered Stapleton 21, Mar. On 3 (2002). 531 . L American Icon: Does It Matter It Does Icon: American Book Review, Book IABILITY B . STAPLETON ADOF OARD U STEIKER NDER Brown? RIEL E DUCATION 66 M 66 U ACK P NCERTAINTY , ORAT 81 T 81 B OD ALKIN . L. R L. .

& A & S EXAS

HOULD ODNSTEIKER JORDAN , ED LEX 50 EV L. ). ., . PUBLICATIONS PUBLICATIONS each year.each cosponsors School Law the which petition, Com- Court Moot Admiralty Brown R. John Judge annual tenth the for problem the ¶ delegation.U.S. the on advisor senior the as York, New in headquarters UN at Apr.2, 24– Mar. UNCITRAL, of Session Eleventh 27–28. Feb. don, Lon- in Law Transport of Issues on mittee Sub-Com- International’sInternational time Mari- Comité the of rapporteur as meeting UNCITRAL. at addressed be would that issues discuss to groups, industry Canadian representativesof and Departments of Justice and Transport Canadian the of officials with Ottawa in and Transportation, attended a meeting State of Departments U.S. the of sentatives ¶ held in New York in March and April 2003. (UNCITRAL), Law Trade International on Commission UN the of Law) (Transport WorkingIII of Group Session Eleventh government’s negotiating strategy at the U.S. the discuss to D.C., Washington, in on Private International Law on Dec. 13 the Secretary of State’s Advisory Committee in Fort Worth on Dec. 7.Dec. FortWorthon in Practice” totheTexas PhilosophicalSociety road Co. v. Johnson: v. Co. road l ofrne hl o Fb 1 a te Law School. the at 14 Feb. on held conference, al tain Black Law Students Association’s annu- Moun- Rocky the at Theory” Race “Critical 30. Public Radio’s ACTIVITIES ACTIVITIES L. R n the in ¶ Anthropological AssociationinNewOrleans. American the of meeting annual the at Power, “Race, panel Justice” Social and invited the for lecturer principal the was plan. percent 10 the and process admissions UT the discuss to (2001–02) (with David Robertson). David (with (2001–02) union Roundtable Transcript, Roundtable union nepeain f h Saa’ Elections Seaman’s the of Interpretation Under the Jones Act, Jones the Under Torres was the subject of a feature article feature a of Torressubject the was GERALD David Robertson and Sturley coauthored Sturley and Robertson David On Feb.Sturley,repre- 20, with along On EV ¶ . 755 (2002) (with several others). several (with (2002) 755 . Torres was a panelist for the session the for panelist a Torreswas utn American-Statesman Austin ¶ Also see Major Events. Major see Also ¶ Sturley attendedameetingof STURLEY MICHAEL ors perd n National on appeared Torres Also see Major Events. Major see Also Understanding Tavis Smiley Show Smiley Tavis arsn etr 20 Re- 2002 Lecture Garrison ¶ ¶ 14 U.S.F M tre atne the attended Sturley The Supreme Court’s Supreme The TORRES In November, TorresNovember, In ¶ e tedd a attended He aaa Rail- Panama 19 P 19 AR on Nov. 25 . L.J. 229 ACE n Dec. on E NVTL 22x33_ForTheRecord 6/9/03 12:54 PM Page 33 FOR

W E N DY WAGNER WELLBORN GUY executive board on its proposed Sovereign Debt Restructuring Mechanism. ¶ Westbrook PUBLICATIONS Environmental and Natural

MCSPADDEN was a panelist for the sessions “Global H RECORD THE T

Resource Regulation, in DEVELOPMENTS IN T

A Standards: Lessons and Experience from Y

ADMINISTRATIVE LAW AND REGULATORY PRACTICE W the World Bank ROSC Assessment Pilot 2000–01 323 (Jeffrey S. Lubbers ed., Program” and “Strategies to Promote In- 2002) (with Jonathan Entin et al.). ¶ Learn- vestment and Sustainable Development” ing to Live with the Data Quality Act, 33 at the World Bank’s “Global Forum on In- ENVTL. L. REP. 10224 (ELI) (2003) (with Paul solvency Risk Management Standards and Noe et al.). Strategies for the Next Decade” held Jan. ACTIVITIES Wagner presented the paper 28–29 in Washington, D.C. ¶ Westbrook “The Implications of the Data Quality Act was one of the recipients of the 2002 Out- for Risk Assessment” at the Society of standing Teacher Awards from the Exec- Risk Analysis annual meeting in New utive Master of European and International Orleans in December. Wagner was also Business Law program of the University of elected to the Council of the Society and St. Gallen, Switzerland. ¶ He presented the will serve a three-year term. ¶ In January, paper “The Law of Financial Distress” at Wagner was a panelist on a National Acad- Brooklyn Law School on Feb. 21. ¶ Also see emy of Sciences workshop in Wash- Major Events. ington, D.C., on EPA’s proposed guidance for evaluating the quality of scientific ERNEST YOUNG research. ¶ In February, Wagner was a Wellborn played a key role in drafting PUBLICATIONS Protecting Member State co-chair and speaker at the symposium the TEXAS RULES OF EVIDENCE. Autonomy in the European Union: Some “Legal Constraints on How Scientists Do Cautionary Tales from American Federal- Science” at the American Association for EVIDENCE (3d ed. 2002) (with Steven Goode ism, 77 N.Y.U. L. REV. 1612 (2002). the Advancement of Science annual meet- and Michael Sharlot). ¶ 2A TEXAS PRACTICE: ACTIVITIES Young presented a work in pro- ing in Denver. Wagner and three other COURTROOM HANDBOOK ON TEXAS EVIDENCE gress titled “‘The Ordinary Diet of the Law’: panelists then repeated parts of the panel (2003 ed.) (with Steven Goode and Michael Federal Preemption and State Autonomy” on in a one-hour live broadcast on NPR’s Talk Sharlot). Feb. 14 to the faculty workshop at Harvard of the Nation, Science Friday. ¶ Also in ACTIVITIES Wellborn presented “Children in Law School. ¶ Also see Major Events. February, Wagner was the organizer and the Courtroom” to the College of Advanced moderator of the panel “The White House Judicial Studies of the Texas Center for the MARK YUDOF Review of Agency Rulemaking” at the ABA Judiciary in San Antonio on Jan. 27. ACTIVITIES Yudof was confirmed as a mem- midyear meeting in Seattle. ¶ In March, ber of a new 10-person advisory board for Wagner presented the paper “The Dangers JAY WESTBROOK the National Institute for Literacy (NIFL) by of Scientific Review by Interested Parties” PUBLICATIONS Empirical Research in Con- the U.S. Senate. More information about the at the conference “Scientific Knowledge sumer Bankruptcy, 12 J. BANKR. L. & PRAC. 3 NIFL and its many programs can be found at and Public Policy,” coordinated by the (2003) (reprinted from 80 Texas L. Rev. 2123 www.nifl.gov. Tellus Institute, in San Diego. [2002]). ¶ Class Actions for Post-Petition Wrongs: National Relief Against National LAW SCHOOL LOUISE Creditors, 22 AM. BANKR. INST. J. 14 (2003) STAFF AND WEINBERG (with Warren). ¶ Multinational Enterprises in LIBRARY PUBLICATIONS Tort Truths, AUSTIN AMERICAN- General Default: The UNCITRAL Model Law ACTIVITIES STATESMAN, Nov. 21, 2002, at A20 ¶ Letter, and Related Regional Reforms, in AKTUELLE COMMENTARY, Dec. 2002, at 4. ¶ This Activist ENTWICKLUNGEN DES EUROPAISCHEN¨ UND INTER- Court, 1 GEO. J. L. PUB. POL’Y 111 (2002). NATIONALEN ZIVILVERFAHRENSRECHTS [RECENT DE- JEANNE PRICE ACTIVITIES Weinberg gave the talk “Presi- VELOPMENTS IN EUROPEAN AND INTERNATIONAL CIVIL ACTIVITIES Price has been named the editor dent Bush’s Judicial Nominations” on a COMMERCIAL LAW] (2002). of the Journal of Electronic Resources in panel sponsored by the UT Political Science ACTIVITIES Westbrook was quoted on the Law Libraries. She is currently director of Department on Feb. 7. The occasion was prospect of Chapter 11 bankruptcy for the Instructional Services at the Law School's reported in the Daily Texan on Feb. 8. Roman Catholic Archdiocese of Boston in library. The Journal focuses on the digital ¶ Weinberg was in a debate with Tony Judt the New York Times on Dec. 3 and discussed resources and services that law libraries in Commentary magazine, Dec. 2002 at 4. the same topic as a guest on National Pub- provide and the educational opportunities ¶ Also see Major Events. lic Radio’s nationally syndicated program that this technology affords. The Connection on Dec. 5. ¶ Westbrook GUY WELLBORN spoke at the International Monetary Fund RHONDA HANKINS PUBLICATIONS CASES AND MATERIALS ON THE in Washington, D.C., on Jan. 21 as one of 10 PUBLICATIONS How to Get Behind the Ref- RULES OF EVIDENCE (2d ed. 2003). ¶ 1&2 speakers (and the only academic) invited erence Desk, AALL SPECTRUM, Feb. 2003, TEXAS PRACTICE: GUIDE TO THE TEXAS RULES OF to present views to the fund’s staff and at 12.

Summer 2003 UTLAW 33 34x45_CoverFeature 6/12/03 7:16 PM Page 34

Professor Jay Westbrook,’68, is a much-sought-after international expert on insolvency.

One of Westbrook’s most difficult analytical

challenges came when he was asked to resolve

conflict-of-law problems in a bankruptcy case

involving potentially seven different sets of laws. 34x45_CoverFeature 6/9/03 6:40 PM Page 35

For 120 years, the Law School has served as an important resource for the people of Texas by THE Ftraining many of the state’s best lawyers, legisla- tors, judges, businesspeople, and public servants. But the school’s reputation has grown over the past quarter century, partly because of the success of scores of graduates working on international projects at all levels. Among these alumni are Steven Foster, ’00, who works in South Korea with the U.S. Army Judge Advocate General’s Corps, and Susan Finn, ’93, an attorney in Quito, Ecuador. J. Raul Heredia-Schu- lenburg, ’90, serves in Caracas, Venezuela, as the associate general counsel for Procter & Gamble, Latin America. Carlos Hernandez, ’88, is in Mexico as the general counsel of Panamerican Beverages, Inc. Ellen Gates, ’77, is a partner with Denton Wilde Sapte in London, while Eiji Kobayash, ’97, works in Tokyo with Skadden, Arps, Slate, Meagher & Flom. Recent graduate Revaz Javelidze, ’00, works with Baker & McKenzie in Baku, Azerbaijan, while Wenlong Sun, ’91, is an associate with Paul, Weiss, Rifkind, Wharton & Garrison in Beijing. Recent graduates join an important cadre of high-profile alumni in the international arena, LONG including James A. Baker III, ’57, former U.S. sec- retary of state; Senator Kay Bailey Hutchison, ’67; former senator and U.S. secretary of the treasury Lloyd Bentsen, ’42; Susan Karamanian,’85, the former vice president of the American Society for International Law; Robert S. Strauss, ’41, the former ambassador to the Soviet Union; and Kathryn Fuller, ’76, president of the World Wild- life Foundation. UT Law’s graduates and students have been doing work that is quite literally of global impor- tance. And in so doing, they have stretched our community’s boundaries of influence beyond the Red River to the furthest reaches of the law. COMPLEX MARKETS In the decade after Baker and Strauss won tre- mendous diplomatic successes in concluding the ICold War peacefully, new markets opened and OF UT technological improvements facilitated complex business transactions for swiftly moving capital. ARM This, in turn, created an interest in a more stable, LAW more responsive system of laws, including bank- BY JOHN DE FORE ruptcy law reform. Professor Jay Westbrook, ’68, is a much-sought- after international expert on insolvency, as well as HOW UT LAW AND ITS ALUMNI MAKE an author and award-winning teacher. This year the principles and protocols that he coauthored as a reporter for the American Law Institute’s (ALI) A DIFFERENCE AROUND THE WORLD Transnational Insolvency Project will be pub- PHOTOGRAPHS BY lished, representing the culmination of eight years WYATT MCSPADDEN

Summer 2003 UTLAW 35 34x45_CoverFeature 6/9/03 6:41 PM Page 36

At the moot, students learn about international c

peers, and by practicing arbitration, the standard

disputes are settled. More than one hundred 34x45_CoverFeature 6/9/03 6:41 PM Page 37

Left to right: Steven Gyeszly, Professor Alan Rau, Carol Funk, Benjamin Ellison, Emily Finn, and Professor John Fleming. Benjamin Putnam also participated.

commercial law by competing with their global

method by which international commercial

teams from forty countries competed in 2003. 34x45_CoverFeature 6/9/03 6:41 PM Page 38

of work. Westbrook also served as the co-leader of the Cayman Islands, Britain, and Belgium, and its contracts U.S. delegation to the United Nations Commission on were governed by New York law. The company was put International Trade Law (UNCITRAL), during which into bankruptcy in three of those countries. he helped to negotiate the Model Law on Cross-Border Westbrook says that lawyers for both sides saved their Insolvency with forty other nations. clients substantial legal fees by focusing on two venues Westbrook says, “Bangkok, Bonn, Buenos Aires, and requesting that the third case, in Britain, be dis- Canberra, Jakarta, Johannesburg, London, Mexico missed. The lawyers then entered into a protocol to City, Ottawa, Singapore, Kiev, and Tokyo have rewritten divide issues in the case between the courts in the their domestic bankruptcy laws in the last decade, as Cayman Islands and San Antonio, with an agreement have Russia and China, twice each, and most of Eastern that each court would recognize the other’s rulings. Europe.” As part of this wave of bankruptcy reform, the Again, this reduced legal fees and saved an enormous International Monetary Fund (IMF), the World Bank, sum for the creditors. and UNCITRAL adopted insolvency law programs. The San Antonio presiding judge asked Westbrook After the initial reforms, UNCITRAL went a step to issue a neutral opinion on what might happen to the further. It decided to issue guidelines for bankruptcy parties if they went to court, including the order in proceedings involving cooperation across internation- which the plaintiffs should be paid. “Seven sets of laws al boundaries. In 1995 the U.S. State Department were potentially applicable,” says Westbrook. “And tapped Westbrook to help lead its efforts to negotiate when I looked at the laws, I found that no country has an agreement. laws that adequately deal with this problem.” The prospect of such a negotiation was daunting In the end, on the basis of Westbrook’s report, the because more than forty countries, all at various lev- parties arrived at a settlement in 2001. “You didn’t see els of economic development, were involved in the this kind of case thirty years ago,” says Westbrook. proceedings. Critics predicted it would be impossible Back in Austin, Westbrook teaches international to achieve an agreement. But the parties persevered, business litigation as well as bankruptcy. He holds the and in 1997 the UN General Assembly submitted Benno C. Schmidt Chair in Business Law and has won UNCITRAL’s Model Law on Cross-Border Insolvency to the top teaching award twice at UT since returning its members. from private practice in 1980. This fall he will be joined “That experience taught me that the rest of the world on the faculty by another bankruptcy expert and a for- admires and wants to learn from us but is also wary of mer student, alumnus Ronald Mann, ’85. (Mann’s ap- us,” says Westbrook. “We do best when we acknowledge pointment is detailed in Noteworthy, page 50.) that we have much to learn from them as well.” Westbrook’s scholarship includes numerous arti- The Model Law was recently adopted by Japan, cles and several coauthored books: The Law of Debtors Mexico, South Africa, and the United Kingdom. It is and Creditors (4th ed., Aspen, 2001), As We Forgive pending adoption in a number of other countries, Our Debtors: Bankruptcy and Consumer Credit in including Spain and the United States. In the mean- America (Oxford, 1989), and The Fragile Middle Class time, Westbrook has been heavily involved in the draft- (Yale, 2000). ing of the U.S. version of the Model Law, which is part of the comprehensive bankruptcy bill pending in Congress. The American Bar Association has recom- mended that the U.S. version of the Model Law become STUDENTS AROUND THE WORLD a new Chapter 15 of the U.S. Bankruptcy Code. New programs at UT Law are increasingly sending stu- Westbrook’s ability to negotiate and work through dents to Europe, Africa, and Central America, where the laws of numerous countries also served him well Nthey debate, study, and experience events firsthand. in his role as a reporter for ALI’s Transnational In- In 1996 Professor Alan Rau started helping students solvency Project. Begun in 1995, the project consists of prepare for and fund trips to the annual Vis Interna- issuing principles, including guidelines for direct com- tional Commercial Arbitration Moot in Vienna, Austria. munications between courts, and sample agreements, “This competition is an excellent experience for stu- or “protocols,” for use in the three North Atlantic Free dents who want to experience an international practice Trade Agreement countries. This year the report will while still in law school,” says Rau, who is the Robert F. be published in both English and Spanish. Windfohr and Anne Burnett Windfohr Professor of But to date, one of Westbrook’s most difficult ana- Law. “It helps our students learn in areas that go far lytical challenges came when he was asked to resolve beyond what our curriculum provides.” conflict-of-law problems in a bankruptcy case involving At the moot, students learn about international potentially seven different sets of laws. In 2000 commercial law by competing with their global peers Westbrook served as a special examiner for the case of and by practicing arbitration, the standard method by In re Inverworld, Inc. Inverworld was a San Antonio which international commercial disputes are settled. investment management company whose investors More than one hundred teams from forty countries lived outside the United States, primarily in Mexico. Its competed in 2003. Students meet and talk with inter- offices and assets were located in the United States, the national arbitrators, practicing lawyers from all over

3 8 UTLAW Summer 2003 34x45_CoverFeature 6/9/03 6:41 PM Page 39

Ratner is one of the nation’s leading young scholars in the field of inter- national law.

Professors Steven Ratner, Sarah Cleveland, Karen

Engle, and Patricia Hansen have negotiated

arrangements to facilitate internships with for-

eign courts, international institutions, and NGOs. 34x45_CoverFeature 6/9/03 6:41 PM Page 40

Erica Schommer,’03, initiated her own clerkship with the Inter-American Court for Human Rights in San José, Costa Rica.

“ T h e ex perience was wonderful for getting

hands-on experience dealing with cases involving

international human rights violations, research-

ing international case law, and trying to frame

the issues in light of international treaties.” 34x45_CoverFeature 6/9/03 6:41 PM Page 41

the world, which prepares them for their own interna- ting together cases against the leaders of the 1994 tional practice. Rwandan genocide. The Law School has also helped “We’ve been delighted with the success our teams send Maravillas Oviedo to the European Court of have experienced in the Austrian competition,” says Justice in Luxembourg, as well as interns to the Inter- Dean Bill Powers. “Alan has done a great job of coor- American Court of Human Rights in San Jose´, Costa dinating the true team efforts of students, alumni, Rica. A portion of the costs of the program has been and those who sponsored the team at Cox & Smith; underwritten by the Effie and Wofford Cain Founda- Fulbright & Jaworski; King & Spalding; Loeffler, tion, and students are also eligible for academic credit. Jonas & Tuggey; and Vinson & Elkins. We couldn’t “Our students work in a prosecutor’s office similar attend without the generous support and time each to the one you’d see in a U.S. attorney’s office or a has contributed, and we couldn’t succeed without state’s attorney general’s office,” says Ratner, “except great students.” that the crimes that these people are accused of are horrible things such as the massacres of civilians or the destruction of cities. Students work side by side on research for memos, briefs, and investigations that are WORKING ON THE FRONT LINES OF HISTORY submitted to judges, as well as assist with investigations Students of UT Law now spend more time overseas of witnesses and oral argument preparation.” than ever before in the school’s history, as the result of Some of these internships have led to influential San opening in exchanges around the world and new careers in international law. Andrew Keller, profiled in internship opportunities. This past fall nearly eighty the spring edition of UTLAW now works in the U.S. students, about 20 percent of the graduating class, State Department in the Office of the Legal Adviser. spent a semester in London, and thirty went on various Elissa Steglich, ’00, found internships through the exchanges to Australia, Latin America, and Europe. Law School to work in Guatemala on legal reform, with For instance, recently Professors Ernest Smith and the International Criminal Tribunal for the Former John Dzienkowski, ’80, helped students secure invita- Yugoslavia. Texas Law Fellowships helped her find work tions to the Association of International Petroleum on refugee and asylum cases in Austin. Upon gradua- Negotiators’ Student Outreach Program. The program tion, Steglich accepted a position at the International pays the expenses for two students to attend the Human Rights Law Institute in Chicago, where she group’s spring conference and meet association mem- recently prepared a report on sex trafficking in the bers, with the hope that the students will find intern- Americas that has garnered attention. ships or positions and the association members will “Here’s a report written by one of our alumni from find qualified graduates. The program was so success- a very distinguished human rights institute, and it’s ful last year that the association renewed its offer of being sent out to every human rights person in the invitations again this year. country,” says Ratner. “It’s great. It should give our Even more opportunities will be open to students in school a tremendous sense of satisfaction.” the future. Over the last six years, a quartet of profes- The Law School encourages other students to find sors have negotiated arrangements to facilitate inter- similar internships around the globe. As Ratner says, national internships with courts, international institu- “Dean Powers has been very supportive of our stu- tions, and nongovernmental organizations (NGOs) in dents who take initiative. Our school tells students, ‘If Europe, Africa, and Latin America. Professors Steven there’s someplace you want to work where we don’t Ratner, Sarah Cleveland, Karen Engle, and Patricia have a current program, and if the project is well Hansen—faculty known for their own international structured and supervised, we’ll work with you to work and for spreading their enthusiasm to students— obtain academic credit.’” help recruit students and supervise the relationships Take Erica Schommer, ’03, who initiated her own between the tribunals and students. clerkship with the Inter-American Court for Human Ratner says the International Criminal Tribunal Rights in San Jose´, Costa Rica. She worked on a case for the Former Yugoslavia at The Hague selected the that used the right-to-life provisions of the American first UT students for internships in 1997 as a result of Conventions to strike down the mandatory death his chance meeting with Terree Bowers, ’79, who was penalty laws of Trinidad and Tobago. then serving as a senior prosecutor at the tribunal. “The court has a small budget and therefore relies Since then, twelve UT Law interns have been selected heavily on interns,” Schommer says. “The experience in a highly competitive process to work at the tri- was wonderful for getting hands-on experience deal- bunal, including Kenn Kern, ’03, who this past spring ing with cases involving international human rights worked on the prosecution of Slobodan Milosevic, violations, researching international case law, and try- the most high-profile war crimes prosecution case ing to frame the issues in light of international since Nuremberg. treaties. It was also very valuable to see how the court Three years ago, the program expanded to include operates on a day-to-day basis and to meet the attor- the International Criminal Tribunal for Rwanda in neys and judges.” Arusha, Tanzania, where interns spend their days put- Recently Professor Sarah Cleveland visited the San

Summer 2003 UTLAW 41 34x45_CoverFeature 6/9/03 6:42 PM Page 42

Jose´ court and found that the judges were impressed an opportunity to give practical application to theo- with Schommer’s work. As a result, Cleveland negoti- retical concepts.” ated a formal relationship between the Law School and the Inter-American Court that allows students to clerk, judges to participate in Law School programs, and faculty members to visit the court. Only two other BEYOND TEXAS U.S. schools, New York University and Notre Dame, During the past decade, the Law School made a major have this kind of formal relationship with the court. investment in the expansion and enhancement of its Cleveland also coordinates the Law School’s partici- Dinternational and comparative law programs. Dis- pation in the UT/USAID democracy-strengthening tinguished international law scholar Steven Ratner programs in Latin American countries. “Students focus joined the faculty in 1993, and Patricia Hansen, an on policy work related to strengthening democratic expert in NAFTA and international trade, joined in institutions or intricate legal research,” Cleveland says. 1994. Sarah Cleveland and Karen Engle, both inter- “One student who interned in Guatemala spent the national human rights scholars, were hired in 1997 summer updating the Guatemalan legal code by find- and 2002, respectively. The eminent comparativist ing laws that had been invalidated or repealed but were Basil Markesinis began teaching at UT Law as a visi- nevertheless still on the books and had created a tre- tor and in 1998 became a permanent faculty mem- mendous amount of confusion. Another student worked ber. This year, one of the world’s leading product lia- on developing a model law regarding ethics in govern- bility experts, Jane Stapleton, came to UT Law from ment, looking both at laws from various Latin Australian National University, where she holds a American countries, the U.S., and Europe and at inter- joint appointment. The Law School also has contin- national model governmental ethics provisions that uing relationships with scholars who visit and teach were out there in international law.” on a regular basis, among them Antonio Benjamin, Francesco Francioni, Manuel Gonzalez Oropeza, and Daniel Sabsay. UT Law also inaugurated an LL.M. in Latin Amer- AN INTELLECTUAL CHALLENGE ican and international law and new internships, and After graduating from the Law School in 1994, under the leadership of Markesinis it launched the Gregory Naarden went to work with the Immigration Institute for Transnational Law (see page 45). The AService in New York, investigating political asylum Texas International Law Journal, now in its thirty-ninth cases. Since then, his career has taken him to some year, is nearly twice as old as the average law student, volatile places, including his current home in Bosnia, and the LL.M. programs and student exchanges, where he moved in 1998 to work for the United administered by senior lecturer Terri LeClercq, con- Nations, initially helping displaced persons to reclaim tinue to thrive. the property from which they were expelled. Such programs help support the Law School’s Soon he began working with the UN International future students in their dreams of rising to the heights Police Task Force, investigating and sanctioning of a Baker or a Strauss, a Hutchison or a Bentsen. Bosnian police officials for human rights abuses. He With an ever-growing number of classroom, research, worked with 120 international police officers, monitor- and internship opportunities and a widening network ing the restructuring of Bosnian police forces, review- of influential alumni, the Law School may continue its ing the response of the police to high-profile crimes, work at all levels of international business, govern- and investigating the wartime conduct of individual ment, and public interest work. police officials. “We investigated not only their wartime Three years after graduation, Elissa Steglich is a conduct but also current conduct, including their reac- managing attorney for Chicago Connections, an immi- tion to violent demonstrations, their willingness or abil- gration and human rights center. She says, “It’s hard ity to investigate ethnically motivated crimes, and com- not to rave about my law school experience. I felt extra- pliance with the criminal procedure code in, for exam- ordinarily lucky to have been able to take advantage of ple, obtaining search warrants.” the international opportunities at the school. And After several years in Bosnia, Naarden moved to those experiences have provided personal and profes- Kosovo, where the UN’s mandate is to run an interim sional models as well as friends whom I will have for a administration. As a lawyer in the Department of Jus- very, very long time. I continue to learn from a fellow tice, he has provided legal advice to international judges clerk at The Hague who is now documenting war and prosecutors who handle cases involving ethnic crimes in Ramallah, from the fellow UT alum who is extremism, organized crime, and war crimes. providing direct legal assistance and protection to the Naarden doesn’t seem to think of himself as a minority Serb population in Kosovo, and from the crusader. “I would say that each one of my jobs, par- Guatemalan law student who strives to represent her ticularly in the Balkans, has been successively more indigenous community.” interesting, from a legal perspective,” he says. “It’s not just a job, it’s intellectually fascinating to have Allegra Young and Nichola Fortney contributed to this article.

42 UTLAW Summer 2003 34x45_CoverFeature 6/9/03 6:42 PM Page 43

POSTCARDS FROM THEEDGESOFTHE WORLD Internships in war-torn Kosovo and remote areas of Central America have helped students gain a practical understand- ing of international law. Elissa Steglich and Erica Schommer share photographs of their experiences from summers past.

ROW 1: Steglich and Andrew Keller,’02, now at the State Department, in Guatemala during 1999. ROW 2: UN tanks in Kosovo; a Pristina mosque; Jehanne Henry,’00, and Steglich near Mostar. ROW3: Schommer in Guatemala during the summer of 2000. ROW 4: Mount Arenal, Costa Rica, and Schommer (r.) at work in San José. 34x45_CoverFeature 6/9/03 6:42 PM Page 44

THEBRAZILIANEXCHANGEHOW THE LAW SCHOOL IS CREATING MORE OPPORTUNITIES FOR FACULTY AND STUDENT RESEARCH, STUDY, AND CULTURAL AWARENESS

Above: The ebullient Professor Antonio Benjamin (r.) speaks at a conference in Porto Alegre, Brazil. Below: Dean Powers signs an agreement of cooperation with Professor Claudia Lima Marques of the Federal University of Rio Grande do Sul (UFRGS).

Economically, Texas serves as one of the United States’ primary gateways to Latin America. In 2000, Texas exported E$59.8 billion to the region, which represented 36.5 percent of total exports from the United States to Latin America, and 46.4 percent of the total exports from the United States to Mexico. And with trade law liberalization, the University believes its substantial investments in cultural and education- al exchanges can play an increasingly important role in help- ing to build a broader vision of the Americas, improving eco- nomic prosperity, and creating domestic stability. Since the signing of NAFTA, the Law School has signifi- cantly expanded its role in UT-Austin’s Latin American Ini- tiative, an umbrella for UT’s many different projects, librar- ies, and outreach programs. A new LL.M. program in Latin

44 UTLAW Summer 2003 34x45_CoverFeature 6/9/03 6:42 PM Page 45

American and international law was inaugurated in 2000. The Institute for Transnational Law, which brings students from Europe and Latin America to Texas to study, was launched in 2001 (see sidebar). A lively series of confer- ences and internships allows for ongoing educational exchanges on topics ranging from environmental policy to the future of trade between the A COMMON regions. And just this past spring, the Law School Foundation launched a major fundraising endeavor for the Kay Bailey Hutchison Chair in Latin American Law and a Center for Latin American Law. LANGUAGE The investments are paying div- CELEBRATING idends in bolstering efforts to A MAJOR ACCOM- understand both regions’ laws and PLISHMENT BY customs. For the past three years OUR INSTITUTE more than a dozen UT Law faculty FOR TRANS-

WYATT MCSPADDEN WYATT NAT I O NA L L AW members have traveled to Brazil to speak at conferences, conduct sem- inars, attend workshops, and work On Wednesday, March 26, the first pres- with the Brazilian government. ident of the French Supreme Court, Dean Bill Powers and Professor OM. Guy Canivet, and the court’s pro- Professor Patricia Hansen also sponsors the UT- Patricia Hansen testified in the Bra- cureur general, M. Jean Bourgelin, Austin–based Texas-Mexico Bar Association. zilian legislature; Roy Mersky, H.W. hosted a special event in the Grand Hall Perry, Alan Rau, John Robertson, Jordan Steiker, Patrick Woolley, and of the Cour de Cassation to launch a numerous other faculty have all visited Brazil to teach and attend confer- Web site that, for the first time, pub- ences. In 2001, Dean Powers signed an agreement with UFRGS to establish lishes an English translation of more a student and professorial exchange (opposite page, below). Last year four than seven hundred French and Ger- students from Brazil studied at the Law School, and UFRGS professors and man leading decisions. The Web site a Brazilian federal judge have come to Austin to do research and exchange was created by The University of Texas ideas with faculty members. This spring, a similar agreement was signed Institute for Transnational Law, in asso- with the University of Buenos Aires. ciation with its partner institution, the And just last August, the U.S. Embassy in Brazil asked professors from UT-Austin to teach an introductory course on North American criminal law at the Ministry of Justice in Brasilia. The collaboration between a gov- ernment, a university, and two international institutions culminated in presentations before an audience of Brazilian lawyers and judges. (The same group of professors spoke that week at Universidad Federal do Rio Grande do Sul [UFRGS] in Porto Alegre, Brazil.) Such exchanges can make a difference in terms of how professors on both sides of the equator think about legal solutions. Associate dean Steven Goode says, “Learning how other legal systems work often forces you to question your own assumptions. For example, I discovered that Brazilian juries must vote as soon as the case is over; the jurors are not In March Professor Basil Markesinis, QC, LL.D., allowed to discuss the case among themselves. The Brazilians are quite DCL. FBA., addressed an audience of more skeptical about jury deliberation, of one person trying to convince than five hundred French and British leading another. We, of course, tend to glorify the deliberative process. It’s a very jurists, judges, academics, and civil servants. different perspective.” Institute of Global Law of University Col- And one that UT-Austin president Larry Faulkner wishes to cultivate. In lege London—both directed by Pro- an open letter to the UT-Austin community he wrote: “In 1998, the year I fessor Basil Markesinis, who holds chairs was named president of The University of Texas at Austin, I evaluated the at the universities of both Texas and strengths of this institution in order to create a handful of strategic themes. London. Top British and French judges I knew that UT had formidable Latin American programs, but I wasn’t pre- attended to hail the achievement. pared for the breadth of the University’s resources and expertise in this The site can be accessed through the area. With the increasing importance of Latin America to the future of our Law School’s Web site at http://www. state, our nation, and our culture, these educational assets are bound to utexas.edu/law/academics/centers/ become even more significant. . . . Our principal goal is to continue to play transnational/ and on the University Col- a leadership role for inter- and multidisciplinary Latin American studies in lege London Web site at http://www.ucl. the future—not just for Texas but for the whole hemisphere.” JOHN DEFORE ac.uk/laws/global_law. ALLEGRA YOUNG

4 5 U T LAW Spring 2002 Summer 2003 UTLAW 45 CSOMentorsAd 6/10/03 12:12 PM Page 1

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T O W N E S H A L L N O T ES

A FEARLESS BARRISTER SIR EDWARD MARSHALL HALL, K.C.

WAS CONSIDERED TO BE BRITAIN'S MOST FAMOUS AND SUCCESSFUL ADVOCATE OF THE EARLY 20TH CENTURY. HIS BIOGRAPHER SAID, "MARSHALL-HALL WAS ABSOLUTELY FEARLESS AND RESPECTED NO MAN'S INTERESTS, NOT EVEN HIS OWN, WHEN HIS CLIENT'S LIFE, FORTUNE, OR NOTEWORTHY REPUTATION WAS AT 48Philip Bobbitt STAKE." PORTRAIT David Crump, ’69 © BY THE HEIRS OF Bryan A. Garner,’84 EDMUND KAPP, 1925. Jack Getman FROM THE ELTON Judge William Wayne M. HYDER JR. Justice,’42 COLLECTION, IT IS Ronald Mann,’85 ON DISPLAY IN Tom McGarity,’74 THE TARLTON LAW Fess Parker, attended’48 LIBRARY, JAMAIL Gerald Torres CENTER FOR Wendy Wagner LEGAL RESEARCH. Joseph M. Watt,’72 COURTESY OF Mimi Wesson,’73 MICHAEL HORN, CURATOR. CLASS 54NOTES

IN 62MEMORIAM

Summer 2003 UTLAW 47 48x53_Noteworthy 6/9/03 6:57 PM Page 48

WORTHY

NOTE New Endowments DRIVE BEGUN TO ESTABLISH PUBLIC INTEREST ENDOWMENT IN JUSTICE’S HONOR; LAW SCHOOL RECOGNIZES GIFTS THROUGH MARCH 2003

N FEBRUARY THE LAW SCHOOL CELEBRATED THE Charles David Kipple Endowed Scholarship in Law birthday of Judge William Wayne Justice, ’42, Established by: The friends of Charles D. Kipple and announced plans for a fundraising drive to establish a public interest endowment in his Marcus F. and Amy G. Schwartz Endowed Presidential honor. Professor Lynn Blais, who clerked for Scholarship in Law Justice from 1988 to 1989, says, “The judge has Established by: Mr. Marcus F. and Mrs. Amy G. Schwartz committed thirty-five years to public service, beginning with his early exit from law school to E. Wayne Thode Endowed Presidential Scholarship in Law serve in World War II. His dedicated and often Established by: Ms. Betty J. Thode unpopular judicial service on behalf of the U.S. Constitution’s commitment to protect even the Jack W. and Evelyn D. Watson Endowed Fellowship in Law least powerful of our citizens cannot be overstated.” Established by: The Estate of Evelyn D. Watson (deceased) IThe Law School also launched the UT Law Sunflower So- ciety for recent grad- uates who pledge to give certain amounts during each of the first three years fol- lowing their gradua- tion. Milam Newby, ’03, became the soci- ety’s first member. Along with launching the fund- raising campaign for the Kay Bailey Hutchison Chair in Latin American Law, this spring Dean Bill Powers announced four endowments for the Law School. An- nual recognition of all donors will occur in the annual UT Law Contributors’ Report.

Appointed to the federal bench in 1968 by Presi- dent Lyndon B. Johnson, William Wayne Justice has rendered numerous influential decisions.

48 UTLAW Summer 2003 PHOTOGRAPH BY WYATT MCSPADDEN 48x53_Noteworthy 6/9/03 6:57 PM Page 49

BOOK ’EM The Law Library’s Lawyer in Popular Culture Collection includes new entries by two UT Law graduates. Marianne “Mimi” Wesson, ’73, a former federal prosecutor, penned two critically ac- claimed novels, Render Up the Body and A Suggestion of Death. Though her day job involves train- ing future lawyers as the Wolf-Nichol Fellow at the University of Colorado Law School, Wesson’s talent for weaving words SPADDEN into compelling C M

T T

stories has A Y

opened up new W worlds for her. Torres will be the fifth professor from the UT School of Law to become AALS president. David Crump, ’69, is the Newell H. Blakely Professor of Law at the University of Houston and a former assistant district attorney for Harris County. A Gerald prolific writer, Crump has published two legal thrillers, The Holding Company and Conflict of Interest, both of which feature a respected Houston trial lawyer To r r e s named Robert Kerrick. In other book news, the biography AALS CHOOSES TORRES AS PRESIDENT-ELECT of UT Law alumnus Ralph Yarborough, ’27, Ralph W. ERALD TORRES WAS is the fifth law professor from UT to be Yarborough: The People’s Senator, selected to be the selected for this position. (Others by Patrick Cox, will be issued in 2003 president-elect were John C. Townes, Charles Tilford paperback, and 2L Fred Dahr has of the Association McCormick, Page Keeton, ’31, and published The Examined Life: of American Law Jerre Williams.) Thoughts and Advice for the Schools (AALS) in “This is a great honor for Gerald, Independently Minded. The Law Gan extremely competitive nomination and a superb choice by the AALS. I Library maintains a permanent exhib- process. Torres, the H.O. Head Cen- am proud to have him as a colleague it of alumni writings in Townes Hall. tennial Professor in Real Property Law, here at UT,” said Dean Bill Powers.

Summer 2003 UTLAW 49 48x53_Noteworthy 6/9/03 6:57 PM Page 50

WORTHY NOTE Ronald Mann LEADING COMMERCIAL LAW SCHOLAR JOINS FACULTY

HIS FALL RONALD J. MANN, intellectual property, a field in which Texas already has one ’85, will become the William of the nation’s leading programs. Stamps Farish Professor in He graduated first in his UT Law class in 1985 and was Law. He is widely recog- also managing editor of the Texas Law Review. He clerked nized as one of the two lead- for the Honorable Joseph Sneed, ’49, of the U.S. Court of ing commercial law scholars Appeals for the Ninth Circuit and for associate justice of his generation of law pro- Lewis Powell of the U.S. Supreme Court. He worked in fessors and is the most fre- Houston in private practice before becoming assistant to quently cited legal scholar the U.S. solicitor general. He was a visiting professor at working in any of the busi- Texas this past fall and has also taught at the Washington ness law fields to have entered law teaching in the last and Michigan law schools. Tdecade. His teaching and research interests also include “It is a great honor for me to be joining The University of

W Texas faculty. Texas has so many Y A T

T things going for it right now: a

M

C dean who is firmly committed to S P A

D supporting academic research; a D E N world-class research library; and impressive colleagues in both the commercial-law and the intellec- tual-property areas. It also is gratifying to be joining a faculty that is so deeply engaged in high-quality teaching, with stu- dents who are so enthusiastic about their education. And it should go without saying that I am excited to be returning to Texas at last,” Mann said. Mann is the author of Payment Systems (1999) and coauthor of Commercial Transactions: A Systems Approach (1998) and Electronic Commerce (2002). Among his many articles are “Information Tech- nology and Non-Legal Sanctions in Financing Transactions” (Vanderbilt Law Review, 2001), “Secured Credit and Software Financing” (Cornell Law Review, 1999), and “Explaining the Pat- tern of Secured Credit” (Har- vard Law Review, 1997). He is an elected member of the American Law Institute.

“It should go without saying that I am excited to be returning to Texas at last.”

50 UTLAW Summer 2003 48x53_Noteworthy 6/9/03 6:57 PM Page 51

Joseph M.Watt UT ALUMNUS OKLAHOMA’S SUPREME COURT CHIEF

OSEPH M. WATT, ’72, WAS SWORN in as chief justice of the Oklahoma Supreme Court Jon January 8, 2003. Chief Justice Watt, named Outstanding Law Student in the Nation by Delta Theta Phi upon his graduation from The University of Texas School of Law, began his judicial career in 1985. The sole UT alumnus on Oklahoma’s Supreme Court, Chief Justice Watt was first appointed to the court in 1992 and was reelected in 1994 and 1996. Members of the Oklahoma Supreme On January 8, 2003, Watt was sworn in as chief justice of the Oklahoma Supreme Court. Court select their own chief justice.

by Texas government entities and pro- Professor Roy M. Mersky. Garner is vides ADR education and research to the editor of Black’s Law Dictionary and BRIEFS The University of Texas community and one of the world’s leading lexicographers. the citizens of Texas. The center is Garner inscribed the book to Mersky as funded by the Texas Legislature and “the greatest law librarian of his day— IN THE TOP TEN through revenues from training semi- and very likely the greatest ever.” A new study conducted by Washington nars. Jan Summer, ’76, serves as the The book, published in 1891, is now and Lee University School of Law that center’s executive director. part of the Jamail Center’s outstand- examines frequency of citations in ing collection of law dictionaries. legal publications, found that the A RARE GIFT As the director of the Law Library Texas Law Review (TLR) is the Bryan A. Garner, ’84, and his wife, since 1965, Mersky has built the eighth most frequently cited publica- Pan, have donated a first edition of Jamail Center into one of the fore- tion by both state and federal courts Black’s Law Dictionary to the Jamail most legal research institutions in the and by scholars writing in law reviews. Center for Legal Research in honor of United States, if not the world. TLR is one of just seven law reviews to make the top ten on both lists (the others are the law reviews at Harvard, Yale, Columbia, Chicago, Michigan, and Georgetown). ANOTHER BIG TEN This past April the Center for Alter- native Dispute Resolution celebrat- ed its tenth year of operation. The center, housed on the Law School cam- pus, promotes the appropriate use of alternative dispute resolution (ADR)

Summer 2003 U T LAW 51 48x53_Noteworthy 6/9/03 6:57 PM Page 52

WORTHY

NOTE Tom McGarity and Wendy Wagner CENTER FOR PROGRESSIVE REGULATION FOUNDED

ROFESSOR TOM MCGARITY,’74, RECENT- It is a virtual organization with representatives from twelve ly cofounded the Center for Progres- law schools, including UT Law’s Wendy Wagner, one of the sive Regulation (CPR). As the cen- center’s original member scholars. McGarity says that the ter’s president, he seeks to build an center plans to expand its membership to include scientists institution with other scholars that and economists who are also interested in progressive reg- advances the public’s understanding ulation issues. of the issues addressed by the coun- McGarity holds the W. James Kronzer Chair in Trial try’s health, safety, and environmen- and Appellate Advocacy. A former articles editor of the Ptal laws, and to make the nation’s response to health, safety, Texas Law Review, he is a leading scholar in the fields of and environmental threats as effective as possible. CPR issues both administrative law and environmental law. He also public commentary on a number of issues and provides teaches torts. Wagner, the Joe A. Warshem Centennial those opinions to regulators, lawmakers, and the public. Professor of Law, is the nation’s leading authority on the The center is funded by grants from private foundations. use of science by environmental policymakers.

Tom McGarity is the cofounder of the Center for Progressive Regulation, and Wendy Wagner is one of the center’s original member scholars. WYATT MCSPADDEN (2) MCSPADDEN WYATT

52 UTLAW Summer 2003 48x53_Noteworthy 6/12/03 7:13 PM Page 53

Jack Getman LABOR CONFERENCE ATTRACTS DIVERSE AUDIENCE

N APRIL, JACK GETMAN, THE EARL Wilhelm, president of the Hotel and E. Sheffield Regents Chair in Restaurant Employees Union. Law, and former U.S. secretary Getman, who addressed the confer- of labor Ray Marshall coordi- ence on the current state of labor law nated one of this year’s most and labor relations, said, “The Wagner important discussions on the Act was carefully structured, and, in its Ifuture of the labor movement at the time, was quite innovative. However, inaugural conference for the LBJ after many years of working with it, opti- School’s Ray Marshall Center for the mism has given way to cynicism and Study of Human Resources. despair about the law’s ability to protect The conference, “The Future of workers and enhance collective bar- Organized Labor: Restoring the Bal- gaining. It’s currently not a friend to ance in a Time of Growing Inequality,” unions. Efforts to improve it are likely was held in Washington, D.C., and to meet with significant resistance. included labor lawyers, scholars, and Nevertheless, they are worth the effort.” union members from around the Getman and Marshall will record

world, among them top officials from and edit the conference proceedings, WYATT MCSPADDEN the AFL-CIO (U.S. and Russia), the which will be published in a volume Getman addressed the conference on the Economic Policy Institute, and John along with selected papers. current state of labor law and labor relations. BRIEFS Philip Bobbitt 2003 HAMILTON BOOK AWARDS’ TOP PRIZE-WINNER

N APRIL 27, PROFESSOR faculty. A committee of scholars ap- Philip Bobbitt was award- pointed by the University’s vice pres- ed the top prize at the ident of research selects the winners. O Robert W. Hamilton Book The award is named for UT Law pro- Awards for his book The Shield of fessor Robert W. Hamilton, who served Achilles: War, Peace, and the Course of as the chairman of the University’s History (Knopf, 2002). Co-op Board for many years. The grand “This is a great honor for Philip, and prize carries a $10,000 stipend. for our Law School. The At the Hamilton Book Awards (left to right): George Mitchell, Shield of Achilles is a true president UT Co-op; Michael Granof, chairman of the board masterpiece. It reflects Phil- of directors UT Co-op; Dr. Faulkner; Bobbitt; Dean Powers. ip’s experience as a schol- Legendary actor Fess Parker, who ar and his work in govern- attended UT Law in 1948, was ment. We are fortunate awarded the 2003 Texas Medal of to have him on our facul- Arts by the Texas Cultural Trust ty,” said Dean Bill Powers. Council. Parker, B.A. ’50, was the star The Hamilton Book of two popular and long-running Awards honor outstand- TV series, Daniel Boone and Walt ing books published by Disney’s Davy Crockett. The University of Texas

Summer 2003 UTLAW 53 54x61_ClassNotes 6/9/03 7:18 PM Page 54 S E T O

N C L A S S S S A L

C N O T E S

Marvin S. Sloman, senior counsel with Award from the Southern Trial Lawyers THROUGH MARCH 2003 Carrington Coleman in Dallas, was selected Association. The prestigious award was Have questions about the overall devel- by his peers to be included in the 2003–04 presented at a black-tie dinner at the opment program of the Law School, includ- edition of The Best Lawyers in America. Windsor Court in New Orleans during ing endowed gifts and planned giving? Mardi Gras on February 28. Nichols, who has been listed in The Best Lawyers in Nancy Brazzil 1951 America for the past ten years, was Assistant Dean for Development Vernon C. Mayfield, a Fort Worth selected as the award recipient from and Alumni Relations attorney, received his fifty-year pin from attorneys in 13 states. War Horse hon- (512) 232-1129 the State Bar. orees are nominated by members of the [email protected] Southern Trial Lawyers Association and Fran Chapman are recognized for their extraordinary Director of External Relations 1956 contributions to the cause of justice. (512) 232-9394 Richard A. Freling was recently listed in [email protected] the 2003–04 edition of The Best Lawyers in America. Freling is a member of the Jones 1963 Want to become more involved in the Law Alumni Association? Have ques- Day technology issues practice and chairs Robert W. Turner was recently listed tions about the Law School’s Annual the firm’s Dallas office Tech Committee. in the 2003–04 edition of The Best Law- Fund, including on-line giving and the yers in America and the 2003 edition of Class Fundraising Competition? Need Chambers USA: America’s Leading Law- information about an upcoming alum- 1957 yers. Turner, a partner with Jones Day in ni event, or to RSVP? James A. Baker III, diplomat, presiden- Dallas, has practiced intellectual property tial advisor, author, and attorney, returned law since 1965 with a primary emphasis in Tom Henninger, ’92 to his alma mater, the Hill School, in Potts- patent litigation. He has been lead trial Director, Law Alumni Association town, Pennsylvania, on March 26 to speak counsel in numerous complex patent, (512) 232-1156 and receive a leadership award. Baker, a trade secret, trademark, and copyright [email protected] former U.S. secretary of state who gradu- matters for many Fortune 500 companies. Want to update your contact informa- ated from the Hill School in 1948, spoke tion, including e-mail and employer? to students on the theme of leadership. He received the independent high school’s 1964 Suzette Molina fifth annual Sixth Form Leadership Award Irwin H. Steinhorn taught corpora- Database Manager given by the senior class to a role model tions during the 2003 spring semester at (512) 232-1216 [email protected] for students. Baker is senior partner at Oklahoma City University School of Law, Baker Botts in Houston, senior counselor where he has served as an adjunct pro- to the Carlyle Group in Washington, D.C., fessor since 1980. Steinhorn is a share- and honorary chairman of the James A. holder and member of the executive com- 1950 Baker III Institute for Public Policy at mittee of Conner & Winters. Henry Gilchrist of Dallas was recognized Rice University in Houston. as the 2003 Aggie Lawyer of the Year on April 5 in College Station. The award was 1966 given by the Texas Aggie Bar Association, 1961 Frank G. Jones, a partner in which chose Gilchrist from a pool of 2,200 Nick C. Nichols, longtime the Houston office of Fulbright attorneys, all graduates of Texas A&M Houstonian and senior part- & Jaworski, became chair of University. A cofounder of Jenkins & ner at Abraham, Watkins, the Houston Bar Foundation on Gilchrist, he graduated from A&M with a Nichols, Sorrels, Matthews & January 30. Jones focuses his practice on degree in civil engineering in 1946. Friend, has received the 2003 War Horse business litigation, information technolo-

54 UTLAW Summer 2003 54x61_ClassNotes 6/9/03 7:18 PM Page 55

gy, product liability and professional lia- County from 1997 to 2001. Her Hathcox C L bility litigation, and securities litigation. 1970 Law Firm in Sulphur Springs, Texas, A He is the co-head of the firm’s Houston Stewart Ransom “Randy” Miller has a general practice with an empha- S office, a member of the litigation man- reports that he is spending the majority of sis in tax. S agement committee, and the partner who his waking hours with the Legal Aid oversees the Client Relations Department. Society of Texas, a start-up nonprofit A story on Martin Underwood’s career N specializing in indigent housing and con- as a criminal lawyer in West Texas ap- O sumer cases. Miller works in the Fort peared in the Houston Chronicle on T 1967 Worth office of Miller & Jarzombek. March 9. The headline described Under- E David Carlock is serving as the wood: “Deceptively Brilliant; Low-Profile S 2002–03 president of the Texas chapter Lawyer a Legend in West Texas Legal of the American Academy of Matrimonial 1973 Circles.” Lawyers. He is a principal in the Dallas The Addison Law Firm was named Firm firm of Carlock & Gormley, a family law of the Year at the 2002 Excellence in practice. Achievement awards ceremony in Miami 1976 Beach on February 2. The event was Linda L. Addison, a partner with Robert Davidson is an environmental sponsored by The BoardRoom magazine, Fulbright & Jaworksi in Houston, was attorney with the FDIC Legal Division in the official publication of the Associa- named one of the top five civil litigation Dallas. He provides legal counsel to FDIC tion of Private Club Directors. Randy defense lawyers in Texas in Texas receiverships in the liquidation of envi- Addison, founding member and presi- Lawyer’s “Go-To Lawyers Guide.” ronmentally impacted assets. With 14 dent of the Addison Law Firm, accepted years of experience in this field, Davidson the award. The Dallas-based firm special- The Scout Association of the United King- coordinates with regulatory agencies, izes in the golf, private club, resort, and dom honored Nelson R. Block as the such as the Texas Commission on Envi- hospitality industries. ronmental Quality, to resolve environ- mental issues associated with the assets E. Stephen Jett has rejoined Cham- of failed financial institutions. bliss, Bahner & Stophel after serving for two years as general counsel of Astic Industries, Inc., a Chattanooga-based 1968 equipment manufacturing company. Joseph N. Richardson recently re- tired as senior Asia counsel of Texas The Honorable Jan P. Instruments, Inc. His previous legal expe- Patterson of the Third Court rience was in ERISA, labor, corporate, of Appeals in Austin was hon- and charitable foundation work. ored by the Friar Society as its In November, Block (r.) accepted ascouting 2002 distinguished alumna. The society award as the world’s first Gilwell Fellow. Charles H. Still, a partner with Ful- was founded at The University of Texas in bright & Jaworski, was named as one of 1911 to recognize significant contribu- world’s first Gilwell Fellow at a reception the top five corporate lawyers in Texas in tions to the campus community and is in November 2002 at the Sam Houston Texas Lawyer’s “Go-To Lawyers Guide.” the University’s oldest honor society. Area Council Boy Scouts of America in Judge Patterson was in the first class of Houston. The Gilwell Fellow is named women to be admitted to the society, for scouting’s famous camp and inter- 1969 in 1973. national training center. At the award Stephen I. Lingenfelter retired on presentation, Block’s achievements as August 3, 2002, after 33 years as an a historian of scouting and a friend of attorney with the U.S. Army Corps of En- 1974 Gilwell Park were noted. Block, a 40- gineers. For the last 19 years, he was the Ronald R. Pope was elected judge of year veteran of the Scout movement, is division counsel for the Corps of Engi- the 328th District Court in Fort Bend an attorney with Winstead, Sechrest, and neers South Atlantic Division. He was County, Texas, and took office on January Minick in Houston. also the Corps of Engineers district 1. The court is located in Richmond, Texas. counsel for the San Francisco District Steven K. Dankof, Sr., reports that for 10 years. Lingenfelter is Of Counsel two of his life’s greatest moments were at Smith, Currie & Hancock in Atlanta. 1975 when he attended the Sunflower Cere- VaLinda Hathcox was elected chair- mony in May 2002 for his daughter, Barry McNeil, a lead litigation attorney person of the Hopkins County Commu- Elizabeth Ann Dankof, ’02, and her with Haynes & Boone, has edited a book nity Chest for 2003. She has served as a swearing-in ceremony for the Texas Bar titled Internal Corporate Investigations. board member of the charitable organi- in November 2002. Elizabeth currently The second edition was published this zation since 1996. VaLinda served as works in Austin with one of Steven’s UT year by the ABA Section of Litigation. the elected county attorney for Hopkins Law classmates, Joe Crews, ’76.

Summer 2003 UTLAW 55 54x61_ClassNotes 6/23/03 4:26 PM Page 56

S Kenneth W. “Ken” Lewis began his 13th The Honorable Humberto S. Garcia E. Michael Sheehan, a part-

E consecutive year as managing shareholder was sworn in on March 31 as the U.S. ner in Thompson & Knight’s trial

T of Bush, Lewis & Roebuck. The Beaumont attorney for Puerto Rico at the U.S. District practice group, has been elect-

O plaintiffs’ personal injury law firm has Court Federal Building in Puerto Rico. ed to serve on the firm’s 2003

N opened a satellite office in Orange that will management committee. Sheehan is also be supervised by new Of Counsel Jack Mark A. Henson joined the asset re- the office leader for the Fort Worth office. S Cash Smith, ’64, who recently retired view staff of Broadway Bank in San Anto- S as a senior litigation partner from Mehaffy nio as a vice president in September 2002. A 1980 L & Weber. Lewis and Smith are both board

C certified in personal injury trial law. Rob Lipman is chief operating officer Kent McCulloch was recertified by the and general counsel for Summit Manage- Texas Board of Legal Specialization in Xavier G. Medina is serving on the ment Services, an international meeting labor and employment law. McCulloch is Texas Supreme Court Grievance Over- management company servicing the president/manager of labor relations for sight Committee. The recipient of the pharmaceutical industry. He is also co- StarTran, Inc., in Austin. 2002 Travis County Bar Association/ founder and board chairman of BroadQ, Texas Center for Legal Ethics and Profes- an Austin-based software start-up that sionalism Award, he also serves on the turns Sony’s PlayStation II into a digital 1981 Goodwill of Central Texas board of direc- home media center. John T. Baldwin was appointed direc- tors and executive committee. tor of the Genlyte Group, Inc., on March 17. Baldwin was also named a member of John A. Schmidt is currently a share- 1978 the company’s audit committee and com- holder in McFatridge, Baker & Deen, and Linda Owen is president of the Real pensation committee and nominated for spends most of his time in the firm’s Estate Council Foundation in Dallas, election to the board for a three-year Galveston office. which was organized 12 years ago to provide term. Baldwin is currently vice president pro bono professional expertise to local and chief financial officer of Worthington 1977 community development organizations. Industries, Inc., of Columbus, Ohio. James Ashby is pleased to announce Francine Breckenridge the newest addition to his family: a baby 1979 has been named a partner at girl named Celina Melody Ashby, who Robert P. Brotherton, presiding judge Strasburger & Price in Austin. turned 19 months old at the end of June. of the 30th District Court in Wichita Falls, Her primary areas of practice has been reappointed chairman of the are labor and employment law and com- Brent W. Baldwin, an attorney with Texas Juvenile Probation Commission, an mercial litigation. She works extensively Lathrop & Gage in St. Louis, has been office that he has held for the past seven in drafting employment manuals, employ- named a fellow of the American College years. Judge Brotherton was reappointed ment agreements, employment releases, of Trial Lawyers, one of the premier legal by Governor Rick Perry. and other types of employment contracts. associations in America. The induction She also frequently conducts training ceremony took place during the 2003 Glenn W. Merrick, a director and seminars for managers and nonmanage- spring meeting of the college in Boca shareholder in the Denver-based law firm rial employees on labor issues. Raton, Florida. Lawyers must have a min- of Brega & Winters, has been elected to imum of 15 years of trial experience a three-person executive committee that Jan Smith Krocker has before they can be considered for fellow- manages the firm. He is also general begun her third term as the ship. Baldwin has 26 years of experience counsel to the American Board of Spine judge of Harris County’s 184th as a civil trial lawyer, having concluded Surgery and the American College of District Court in Houston, fol- more than 100 jury trials and appeals. He Spine Surgery, a fellow of the American lowing her reelection to the post last is also a frequent lecturer and author. College of Bankruptcy, and a member of fall. The court has jurisdiction in felony the board of directors of the Industrial cases. Robert P. Braubach re- Arts Theatre Company. cently passed the Czech Bar Teal Thawley was honored examination and became a Kay Doughty Phillips has been self- at the third annual Henry member of the Czech Chamber employed for seven years after a lengthy W. Strasburger Appreciation of Advocates in Prague. He has a general career in public policy and government. Dinner on March 27 in Dallas, business and international practice in San She works as a consultant to insurance an event that recognizes the outstanding Antonio and also serves as Honorary companies all over the country. efforts of firm associates and senior Consul for the Government of Belgium. counsel during the preceding year. Thaw- Braubach formerly worked with Clearly, Keith Stanton Richey was elected ley, a senior counsel at Strasburger & Gottlieb, Steen & Hamilton in Brussels and vice president of the International Fiscal Price in Dallas, received the Bob Thomas with Coudert Brothers international law Association Westchester/Connecticut Professional and Community Service firm in Brussels and Paris. Region. Award for her work with Chapter Two, a

56 UTLAW Summer 2003 54x61_ClassNotes 6/23/03 4:27 PM Page 57 C nonprofit organization that works with Angeles County Bar Association, and the Andrea Widburg, an attorney in L young widows and their children. State Bar of Texas. California, has been working as a con- A tract research attorney. She reported, S Susan Vincent has been however, that her main job currently is S 1982 named a partner at Strasburger raising her children—Ella, 5, and Danny, This spring, Kim Brightwell & Price in Austin. Vincent 3—with her husband, Brian. N and Beverly Reeves, ’88, serves as chair of Strasburger’s O founded Reeves & Brightwell, franchise and distribution practice, rep- T a new Austin firm specializing resenting clients in corporate and busi- 1988 E in business and commercial litigation. ness law areas. This spring, Beverly Reeves S The firm will represent both plaintiffs and and Kim Brightwell, ’82, defense clients. Brightwell was most re- founded Reeves & Brightwell, a cently a partner at Vinson & Elkins. He 1984 new Austin firm specializing in has more than two decades of trial ex- Charlie Kinne continues to practice business and commercial litigation. The firm perience in both state and federal courts. patent law in Chicago’s largest suburban will represent both plaintiffs and defense He has also served on the board of direc- patent law firm, Pauley, Petersen, Kinne & clients. Reeves will serve as managing part- tors of the Capital Area United Way. Erickson, with Nick Kottis, ’84. Re- ner at the new firm, which has as one of its cently, Kinne completed a one-year term goals to be a family-friendly enterprise. “Our Ashton Cumberbatch, Jr., former- as federation chief for the Indian Guides goals include helping moms and dads with ly with McGinnis, Lochridge & Kilgore, and Princesses Program for the Naper- young kids keep their fingers in the law has formed Cumberbatch & Associates in ville/Aurora YMCA, a volunteer position practice even when they don’t choose to Austin. The new firm will focus on em- heading a father-child organization that work full time outside of the home. We ployment law, commercial litigation, crim- dates back nearly 80 years nationwide. currently employ two young moms as con- inal law, and mediation. tract lawyers,” says Reeves. She spent 15 years at Vinson & Elkins, most recently as Gloria Leal, international and special 1985 a partner, and her pro bono work included counsel to the commissioner at the Texas For the past seven years, Jeannette L. representation of The University of Texas Department of Insurance, has been elect- Brown has worked for the bishop of in the Hopwood case, in which V&E de- ed president of the Mexican American Bar Connecticut, organizing social services fended UT Law’s admissions policy. Association of Texas. programs.

Elliott Naishtat is now serving a sev- 1989 enth term in the Texas House of Represen- 1986 Celestina L. Contreras has been tatives, representing District 49, which Kent Ries opened his own law firm in named adjunct professor and supervising comprises Central Austin and parts of Amarillo on July 1, 2002, practicing pri- attorney at Texas Wesleyan University North and South Austin. In 2002 he was marily commercial and bankruptcy law. School of Law in Fort Worth. In her new recognized by Families USA as National He serves on the panel of Chapter 7 position at the TWU Law Clinic, she Consumer Health Advocate of the Year. trustees for Amarillo. supervises students representing family violence victims in family law cases. Con- Martha Guadiana Sepeda began treras says ever since she participated in her new job as San Antonio’s first assis- 1987 the Children’s Rights Clinic at UT Law she tant city attorney on March 31. Sepeda Sharon Reuler has joined Settle & Pou had the dream of supervising students in brings 18 years of legal experience to the in Dallas and was appointed to the 2003 a law clinic. She looks forward to helping city’s staff, including 9 years of work board of the Texas College of Real Estate students become aware of family vio- representing Texas cities. She was city Attorneys. She also serves on the plan- lence and guiding them through their first attorney in Del Rio for 5 years and was ning committee for the State Bar of Texas family law case. assistant city attorney in Laredo. She 2003 Advanced Real Estate Law Course, also served in the Laredo Office of the and has coauthored an article titled West Publishing has just released David Federal Public Defender for the Southern “Statutory Evolution of Condominiums C. Frederick’s Supreme Court and Ap- District of Texas. and Property Owners Associations in pellate Advocacy: Mastering Oral Argu- Texas” for UT Law’s 2002 William W. ment, with a foreword by U.S. Supreme Gibson Mortgage Lending Institute. Court justice Ruth Bader Ginsburg. Freder- 1983 ick is a partner with Kellogg, Huber, John House has joined Fulbright & Former Texas Supreme Court jus- Hansen, Todd & Evans in Washington, D.C. Jaworski in Los Angeles as a senior tice Xavier Rodriguez has rejoined counsel. His practice focuses on oil and the firm of Fulbright & Jaworski as a Governor Rick Perry has ap- gas matters. He is a member the State partner in the firm’s San Antonio office. pointed Patrick O. Keel as Bar of California, Real Estate Section and His areas of practice include labor and judge of the 345th District Natural Resources Subsection, the Los employment law and general litigation. Court of Texas, which includes

Summer 2003 UTLAW 57 54x61_ClassNotes 6/9/03 7:18 PM Page 58

S Travis County. At the time of his appointment Technology Group, where he concentrates opers, governmental entities, engineers,

E in December, Keel was a partner with in intellectual property matters, software and national and regional homebuilders.

T Baker Botts, where he specialized in com- and technology licensing and transactions,

O mercial litigation. He previously served electronic privacy and security, entertain- Paul T. Luther, a former associate at

N seven years as a member of the Texas Com- ment and media, and the Internet. Baker Botts, and recently a partner at mission on Jail Standards, to which he was Piper Rudnick, has returned to Baker Botts S appointed by then-governor George W. Brian K. Jammer has been as a partner in the Washington, D.C., S Bush in 1995. Keel is a fellow of the Texas appointed assistant vice chan- office. Luther is a member of the Global A

L Bar Foundation and a member of the State cellor for governmental rela- Projects Group and focuses his practice on

C Bar of Texas, the Travis County Bar Asso- tions for The University of international trade law. ciation, and the American Bar Association. Texas System. On January 1, Jammer became responsible for representing the Brian J. Tagtmeier is a partner in the Bill Kroger, partner at the UT System and its health components Houston office of Fowler, Rodriguez & Houston headquarters of Baker before the Texas Legislature and govern- Chalos. Botts, was recognized as one ment agencies. He was deputy general of five Outstanding Young counsel and vice president of governmen- Samuel J. Waldon has been named Houstonians by the Houston Jaycees at tal affairs for the Texas Credit Union partner at Baker Botts, where he prac- an awards dinner on June 16. Since 1998, League from 2000 to 2002. He also served tices in the firm’s trial department in he has served as chair of the Houston as general counsel to Texas senator Ken Washington, D.C. office’s pro bono program. He also serves Armbrister and several Senate commit- on the board of Communities in Schools tees, and he was chief of staff for former Houston (CISH), the largest dropout- Texas representative Tom Uher. 1993 prevention agency in the city. He creat- Scott A. Erickson is a shareholder with ed and now supervises the CISH Legal L. Gene Spears has been named a Bonnett, Fairbourn, Friedman & Balint, a Internship Program, one of the largest partner at Baker Botts in Houston, where midsize firm in Phoenix, where his prac- inner-city high school legal internship he practices intellectual property law. tice is concentrated in the areas of trusts, programs in the country. estates, and business organizations. He and his wife, Casey, have two children, Cindy Moulton and Jeff Meyer formed 1992 Sarah, 4, and Andrew, 18 months. Moulton & Meyer on January 1, repre- Daniel Brennan has rejoined the legal senting both plaintiffs and defendants department of Dell Computer Corporation as Hilda C. Galvan became a and specializing in commercial litigation, senior counsel for its global sales division. partner in the Dallas office of securities litigation and arbitration, and Jones Day on January 1. Hilda major personal injury, consumer protec- Brent E. Christopher has joined the is a member of the Litigation tion, and medical malpractice cases. staff of Children’s Medical Center of Dallas Group and the Intellectual Property Prac- as a development director. He is respon- tice. She is a member of the Intellectual sible for managing the center’s major Property Law sections of the American gifts, annual gifts, corporate and founda- Bar Association, the State Bar of Texas, 1990 tion gifts, and planned gifts programs. He and the Dallas Bar Association. Fluent in Lisa Wickstrom Marino left private also serves as the appointed chair of the Spanish, she is currently treasurer, direc- practice in April 2001 to begin work as an City of Dallas Permit and License Appeal tor, and scholarship committee chair for assistant attorney general with the Office Board. He and his wife, Alissa, have a the Dallas Hispanic Bar Foundation. of the Attorney General’s Child Support four-year-old daughter, Emily. Division in the central Fort Worth office. Monica Wiseman Latin, a partner She says she enjoys the Tarrant County Thomas L. Cubbage III has practiced with the Dallas law firm of Carrington Bar and the rural courts that she visits on with Covington & Burling in Washington, Coleman, was named as the BTI Client a regular basis. D.C., since 1994. He became partner in Service All-Star for 2002. The recipient 2000 and has served as one of the firm’s of the BTI Client Service All-Star Award is two hiring partners since 2001. determined by a survey of counsels gen- 1991 eral of Fortune 1000 companies and rec- Katy Bacal was elected partner of the Gregory S. Heath has been named a ognizes superior client service. San Diego office of Baker & McKenzie on partner with Gardere Wynne Sewel in its October 2, 2002. In addition, she and her Dallas office. Heath is a partner in the trial husband, Dave Peterson, are the proud par- section, focusing on the construction 1994 ents of a third daughter, born in January. industry, including dispute resolution, R. Daren Barney, managing partner contract preparation, and negotiation and with Barney & McKenna in St. George, Eric Begun has been elected partner in government contracts. He has a civil engi- Utah, is currently serving as the mayor of the Philadelphia office of Blank Rome. He is neering degree and counsels general con- Ivins City, located in Washington County, a member of the Intellectual Property and tractors, subcontractors, owners, devel- Utah.

58 UTLAW Summer 2003 54x61_ClassNotes 6/9/03 7:18 PM Page 59 C David Berlin, formerly with Paul, Susan E. Salch has been named part- John Hatchett McFarland was elec- L Weiss, Rifkind, Wharton & Garrison in ner of Cantilo & Bennett in Austin, where ted shareholder of Winstead, Sechrest A New York, has become a vice president she has practiced since 1995. & Minick in December 2002. He works S of business affairs at the William Morris in the Litigation Section of the firm’s S Agency in New York. Robert R. Summerhays has been Houston office. named partner in the litigation depart- N Susan Hardison Chase, of the Legal ment of Weil, Gotshal & Manges in Michael H. Newman has been named O Aid Society in New York, is now also Dallas. He concentrates on complex civil a partner with Gardere Wynne Sewell in T working on the Community Development and business litigation in federal and its Dallas office. He is a partner in the E Project, through which she assists busi- state courts, and has significant experi- corporate section counseling domestic S nesses affected by the September 11, ence in complex commercial arbitrations. and international clients in the areas 2001, attack on the World Trade Center. of corporate, securities, and business transactions. He advises on mergers J. Eric Gambrell has be- 1995 and acquisitions, equity and debt fi- come a partner with Akin, Kristin Bodenstedt has joined the nancings, corporate restructurings, and Gump, Strauss, Hauer & Feld legal department of Bacardi USA as its joint venture arrangements, and he also in Dallas. Gambrell is a mem- government relations director in Wash- serves as outside counsel for a variety ber of the firm’s litigation practice group. ington, D.C. of businesses.

Edward F. Guzman has joined the Ryan A. Botkin, formerly with Akin, Michael L. Peck was elected partner office of Frank R. Rivas and Associates in Gump, Strauss, Hauer & Feld, is now with with Brown, Herman, Dean, Wiseman, San Antonio as claim litigation counsel. the Ratliff Law Firm in Austin. Liser & Hart, where he has practiced Guzman spent the last six years as an as- since 1995. He lives in Fort Worth with his sistant district attorney for Bexar County, Buddy Broussard, an associate with wife, Lori, and their son, Cole. focusing principally on the prosecution of The Woodlands office of Winstead, child sexual abuse cases. Sechrest & Minick, has become a board Major Susan L. Turley, an acquisition member for the South Montgomery attorney for the Air Force Materiel Com- Bess Masterson Mattei is a partner County Woodlands Chamber of Com- mand Law Office at Wright-Patterson AFB with Kilgore & Kilgore and lecturer with merce and the South Montgomery County in Ohio, has won first place in the 2002 the MADI Museum and Gallery at the YMCA. He is also a member of the Rotary Writing Competition sponsored by the Kilgore Law Center in Dallas, which held its Club of The Woodlands and an elected American Bar Association’s Public Con- grand opening in February. Mattei lectures area representative for the Panther Creek tract Law Section. Her article, “Wielding Village Association. He and his wife, the Virtual Gavel—DoD Moves Forward Patricia, now have three children—Dylan, with Reverse Auction,” took first place in 7, Cayenne, 2, and Isabella, 1. the student division. The article, written while she was an LL.M. student at the Angelica Salinas Evans is working with Judge Advocate General’s School of the the Texas Department of Insurance in Army from 2001 to 2002, also was pub- Austin as an attorney in the Fraud Counsel lished in the September 2002 issue of Section of the department’s Legal and Military Law Review. Compliance Division. In addition, she and The Law Center was transformed into modern her husband, Jon Evans, are the proud par- art with geometric forms and bright colors. ents of Jackson Reese Salinas Evans, who 1996 on the MADI art movement, which features will turn two years old on September 27. Dr. Adam Barta and Lori Tullos Barta bright colors and varied geometric forms. are proud to announce the birth of their Her legal expertise is in litigation. John H. Margaret Fraissinet lives in Kingwood, daughter, Emma Jade Barta, on January 3. Couch, ’92, is also a partner and a litiga- a suburb of Houston, with her husband, Lori is assistant general counsel with the tion expert with Kilgore & Kilgore. He and Philip Fraissinet, ’95, and their sons Texas State Board of Pharmacy in Austin. other partners supported the MADI art Ryan, 7, and Brendan, 7 months. After work- movement through the renovation of the ing for two years in-house at The University building that now houses the firm's office of Texas M.D. Anderson Cancer Center, she and modern art gallery. is now pursuing a career in child develop- ment and domestic affairs management. Brian F. Russell was elect- Philip is an attorney with Bracewell & Pat- ed partner in the Austin office terson in its public law section. of Bracewell & Patterson. His practice focuses on the acqui- Rennae K. Henry has been named a sition, licensing, and transfer of intellec- partner at Baker Botts in Houston, where Four-day-old Emma Jade Barta, napping. tual property rights. she practices securities and corporate law.

Summer 2003 UTLAW 59 54x61_ClassNotes 6/9/03 7:18 PM Page 60

S ciation Dinner on March 27 in Dallas. J. Eric Lockridge and Lee Ann Wheelis

E Burton, an associate, represents clients were married on December 28, 2002. He

T in the business and corporate law areas is a trial associate at Gardere Wynne

O at Strasburger & Price in Dallas. Sewell in Dallas. She practices intellectual

N property and corporate law at Thompson Liza Reynolds, an associate with Allison, & Knight. They reside in Dallas. S Slutsky & Kennedy in Chicago, was S appointed on January 1, 2003, to a three- is currently working

A Inga Munsinger

L year term on the board of directors of the as briefing attorney to Justice Karen

C AFL-CIO Lawyers Coordinating Committee. Angelini of the Fourth Court of Appeals in The Lawyers Coordinating Committee, San Antonio. Berry campaigning in Houston mayoral race. comprising more than 1,700 union-side At the age of 32, Houston city council labor lawyers in more than 500 law firms G. Donald Puckett has joined the member Michael Berry launched his and legal departments nationwide, was Dallas law firm of Carrington Coleman as grassroots campaign on March 10 for founded in 1983 to enhance the quality of an associate. mayor of Houston before several hundred legal representation available to the AFL- supporters. Berry is owner of the real CIO and its affiliates in support of working Paul Speaker, an associate with Smith estate group Michael Berry Properties, men and women and their families. & Moore in Dallas, taught a night class in Inc. The election is in November. physics at Tarrant County College during Austin attorney Laurie Tice the spring semester. Anthony J. Campiti has has been named president been named a partner at of the Travis County Women Thompson & Knight in Dallas. Lawyers’ Association. Her 2000 Campiti, a member of the term began in June and continues Diego Polanco established his own firm’s labor and employment practice through June 2004. Tice, an associate law firm in Guatemala in 2001. He may group, focuses his practice on represen- with Rogers & Whitley, practices corpo- be contacted via his Web site at www. tation and counsel of management in rate and real estate law with an empha- ppqlaw.com. labor- and employment-related litigation. sis on corporate transactions, business planning, and commercial real estate Kent Radford is an associate with Stephanie G. McDonald-Mitchell is transactions. Pillsbury Winthrop in Houston. assistant commissioner of women’s basket- ball operations and sports programs for the Heather Savoy has joined the new Mid-American (Athletic) Conference, in 1998 Austin law firm of Reeves & Brightwell, a Cleveland, Ohio. She and her husband, An- Peter Shakow, formerly with O’Mel- litigation boutique, as a litigator. tonio L. Mitchell, were married on Septem- veny and Myers in Los Angeles, spent the ber 1, 2001. Their first child, Halle LeVonne spring exploring East and South Africa, Elissa Steglich, formerly with the Mitchell, was born on October 28, 2002. after which he will travel to Guatemala for International Human Rights Law Institute several months to study Spanish and do of the DePaul University College of Law, Eric G. Reis has been elect- community volunteer work. has joined the Midwest Immigrant and ed partner in the Dallas firm of Human Rights Center, an immigrant legal Thompson & Knight. Reis, a services agency in Chicago. member of the firm’s tax prac- 1999 tice group, specializes in the areas of Kurt Daum joined Q Investments in Fort Anne Shirley Underwood, formerly estate planning, probate law, and charita- Worth in the summer of 2002 as an ana- with Baker Botts in Dallas, is now in- ble planned giving. lyst and legal counsel. house counsel for a company that pro- duces children’s shows such as Bob the John J. Zachary is an associate with Dana Jacobs received the Builder, Thomas the Tank, Angelina Faircloth, Davidson, Vilar & Elliott in Alex- Wilson Herndon Award on Ballerina, and Barney. andria, Louisiana. March 27 at the third annual Henry W. Strasburger Appreci- Jason Wren has joined Carrington ation Dinner in Dallas. She is an associate Coleman as an associate in Dallas. 1997 at Strasburger & Price in Houston. Jacobs Angela Alexander is employed with provides advice and counsel to corporate the Texas Legislative Council in Austin. clients on securities and also handles mar- 2001 itime financing and acquisitions. Kendyl Hanks Darby coached UT Tom Burton was named Phil Law’s ABA Moot Court team to a regional Kelton Business Associate of Ahmad Keshavarz will be celebrating championship, a first-place brief, and a the Year at the third annual his second year in solo practice specializ- top-speaker award at the ABA Regional Henry W. Strasburger Appre- ing in plaintiff-side DTPA violations. Competition in San Francisco in early

60 UTLAW Summer 2003 54x61_ClassNotes 6/9/03 7:18 PM Page 61 C Bradley E. Visosky has joined Carring- Baldwin & Townsend as an associate. L ton Coleman in Dallas as an associate. A Kristie Diemer joined the corporate S department in the Los Angeles office of S 2002 White & Case. Celia Balli has joined the Houston firm N of Porter & Hedges as an associate. Albert Galik is an associate at Baker & O Hostetler in Houston. T Airan Baryalai is an associate with E Cooper & Dunham in New York. Beth E. Klusmann has joined Carrington S Coleman in Dallas as an associate.

Mary Rene Miko has joined the Dallas firm of Diamond McCarthy Taylor Finley Bryant & Lee as an associate. Darby coached champion moot court team.

March. Darby’s team followed up this suc- Roxanna L. Olvera is an associate cess with a second-place national title in the tax section of Oppenheimer, Blend, (out of 133 teams nationwide) and two Harrison & Tate in San Antonio. top-speaker awards at the national ABA finals in Chicago in early April. The ABA Sally Sykes works for the UT System Moot Court problem this year highlighted Office of General Counsel, where, she Harbison and Campbell are newlyweds. a federal constitutional issue raised by the says, she enjoys learning more about recently enacted U.S. Patriot Act. Darby is John Campbell and Megan Harbi- higher education law. She adds, “It’s a an appellate attorney with the Dallas son were married on January 18 at the wonderful group of people over here!” office of Haynes and Boone. Darby’s co- Jersey Village Baptist Church in Houston. coach was Laurie Higginbotham, ’99, Lisa K. Tilley has joined Oppenheimer, an attorney with Whitehurst, Harkness, Brad B. Castleberry has joined Austin- Blend, Harrison & Tate in San Antonio as Ozmun & Brees in Austin. based Lloyd, Gosselink, Blevins, Rochelle, an associate in the real estate section.

Summer 2003 UTLAW 61 62x63_InMemoriam 6/9/03 7:20 PM Page 62

IN

SUMMER 2003 MEMORIAM

THROUGH MARCH 2003 in China Office of Foreign Liquidation, consultant, he worked for Magnolia Pe- State Department. He returned to private troleum, Sonoco Oil, Mobil Oil, and Vin- practice in Dallas with Scurry, Scurry & J. Hugh Liedtke, ’49, died son & Elkins. March 28, 2003, at 81. He was the Pace, and was a founding partner of past chairman and trustee emeri- Pace, Chandler & Rickey, where he prac- Marion Rose Norton, widow of Mark tus of the Pennzoil Company. He ticed with his son, Jonathan Pace, ’71, Anthony Martin, ’37, a trustee of the was a member of Littlefield Society, and his grandson, William, until his death. Law School Foundation, died December President’s Associates, and was 19, 2002, at 86. an endowment principal. Liedtke Levert James Able, Jr., ’34, died was active in all phases of the oil January 15, 2003, at 92. A former law William Woodrow Stewart, ’39, and gas industry for more than partner of Governor James Allred, he died March 1, 2003, at 90. He became an 35 years. He formed Liedtke & established the Able Law Firm, where he endowment officer at The University of Liedtke with his brother in 1949 practiced law for more than 55 years. Texas in 1955 and retired as a trust offi- in Midland, Texas. In 1953, both cer in 1984. brothers and George H. W. Bush The Honorable E. James Kazen, cofounded Zapata Petroleum ’35, of Laredo, died February 25, 2003, Leighton Marion Cornett, ’41, died Corporation. Nine years later he at 90. He was appointed district attorney January 1, 2003, at 86. He was district cofounded Stetco Petroleum for the 49th Judicial District in 1942. In and county attorney for Lamar County, Company. Later these companies 1958 he was elected district court judge first assistant U.S. attorney for the merged into South Penn Oil Com- for the same district and served until his pany, which in 1963 became the Eastern District of Texas, and state retirement in 1978. In addition to being Pennzoil Company. Pennzoil was judge advocate of the American Legion a respected jurist, Judge Kazen was an consolidated with United Gas of Texas. outstanding contributor to the Laredo Corporation in 1968. Mr. Liedtke served as chief executive officer of community. Ernest L. Lehmann, Jr., ’41, died Pennzoil and its predecessor com- March 18, 2003, at 85. panies from 1953 until his retire- Harold J. Schulz, ’35, died January ment in April 1988. In addition to 15, 2003, at 89. At 22, he was elected Live J. Frank Norris Dennard, ’42, died being active in public service and Oak County attorney. In 1978, he founded January 5, 2003. He practiced law in civic endeavors, he was instrumen- Schulz & Schulz with his son, Harold J. Henderson until 1957 and was later em- tal in the founding of several com- Schulz, Jr., and practiced until 1999. ployed as an attorney by Transco. In panies, including Pogo Producing 1965, he went to work with Baker & Botts Company, Entex, Battle Mountain Ben C. McKinney, ’36, died January and retired after 22 years of service. Gold Company, and United Energy 6, 2003, at 87. Resources. During his career, Mr. The Honorable William E. Junell, Liedtke was a member of the All- Jane Lewis Maverick McMillan, ’42, died in Houston on March 15, 2003, American Wildcatters Association ’36, died March 21, 2003, at 89. at 83. He was appointed by Governor Bill and was inducted into the Petro- Clements in 1979 as an associate justice leum Museum Hall of Fame. Robert Durham Allentharp, ’37, died on the 14th Court of Appeals and served December 24, 2002, at 88. He graduated on that court until he retired in 1992. John Alonzo Pace, ’31, died Decem- from The University of Texas School of Judge Junell received the Houston Bar ber 26, 2002, at 94. From 1942 to 1946, Law when he was 21 and was a devoted Association’s Emeritus Award in August he was an attorney for the War Pro- member of Pleasant Hill Baptist Church. 1992 and was honored by his friends with duction Board; a head attorney and a the creation of the William E. Junell lieutenant in the U.S. Navy, Philippines Frank C. Bolton, Jr., ’37, died Jan- Endowed Presidential Scholarship at The Sea Frontier; and general counsel, Pacific uary 26, 2003, at 88. A successful legal University of Texas School of Law.

62 UTLAW Summer 2003 62x63_InMemoriam 6/9/03 7:20 PM Page 63 IN MEMORIAM IN Marvin Author Jones, ’43, died in ner at Turner, Hitchens, McInerney, Webb Edward Dantzler “Dan” Slaughter, December 2002, at 83. He practiced law & Hartnett in Dallas. Jr., ’58, died March 18, 2003, at 68. for more than 50 years. Kenneth Eugene Eastridge, ’53, died Joshua William Taylor, ’60, of Ir- Melville M. “Mel” Hughes, Jr., ’46, January 25, 2003, at 71. In 1994, he retired ving, died January 2, 2003, at 70. He died December 4, 2002, at 85. In addition from Tax Pro, the company he founded. worked for the Dallas Legal Aid Society to being a licensed attorney, he was a and practiced family law. In 1984, he was builder and developer. George William Finger, Jr., ’53, died appointed judge of the 303rd Judicial January 18, 2003, at 72. He joined Scott, District Court for Dallas County. He re- James Willis “Jim” Rainey, Jr., ’47, of Hulse, Marshall, Feuille, Finger & Thur- established his private family law prac- Dallas, died February 1, 2003, at 83. He had mond in 1954. tice, where he practiced until his death. law practices in Longview and Irving and served as a former city attorney in Irving. George H. Greene, Jr., ’53, died Donald Ross Buchner, ’62, died Jan- January 22, 2003, at 73. After receiving uary 14, 2003, at 70. He practiced law in Jackson Stullken Webb, ’47, died his law degree, he began his law practice Follett for 41 years. January 7, 2003, at 81. He joined the law with Percy Foreman, ’27, and then firm of Webb & Webb in 1947 and was went into solo practice. Clifton Dunn Harris, Jr., ’62, of subsequently appointed city attorney. He Houston, died February 10, 2003, at 65. also served as Bastrop County attorney. Rudolph A. “Ray” Koska, Jr., ’56, He was an attorney for the Exxon Corpor- died March 6, 2003, at 71. ation for 35 years. William Morgan Hunter, ’48, of Owen Wade Anderson, ’64, died Austin, died March 19, 2003, at 80. After Archie Charles Wheat, Jr., ’56, died March 3, 2003, at 62. He worked at the beginning his law practice as a trial attor- February 17, 2003. He worked in the legal Texas State Comptroller’s Office for more ney with the chief counsel for the IRS, he department of Shell Oil Company until than 30 years as a tax attorney specializing joined the firm of McGinnis, Lochridge & 1974 and then opened his own practice, in interstate tax and tax policy. He served Kilgore in 1951 and continued to practice where he worked until his death. twice as general counsel for the comptrol- until his retirement in 1993. ler, and also as associate deputy comp- Charles Ray Cunningham, ’57, died troller. In 1998, he went to work for Vinson Patricia Blanche Parks Proctor, January 5, 2003, at 82. He practiced law & Elkins as a tax attorney. In January ’48, died January 24, 2003, at 86. She in Corpus Christi and was a past president 2003, he returned to the Texas State worked for the Texas Manufacturers Asso- of the Corpus Christi Bar Association. Comptroller’s Office as executive counsel ciation in Austin, while her husband, Jack for Comptroller Carol Keeton Strayhorn. Proctor, ’49, served as assistant dean of Charles Robert Franzen, ’57, died the Law School. She retired from outside January 3, 2003, at 72. He worked for 17 Peggy Ellen Underwood, ’68, died employment and devoted her efforts to her years at Cameron Iron Works as manager March 17, 2003, at 60. She lived and prac- children and various charities. of industrial relations and later as chief ticed law in Austin for more than 35 years. legal counsel. Bonnie Royce Adkins, Jr., ’49, of Steven Leslie Martin, ’80, died March Haskell, died March 19, 2003, at 75. He Thomas Marvin Russell, ’57, died 1, 2003, at 46. He worked as an attorney served as county attorney for 2 years and December 8, 2002, at 76. Following law for the Texas Department of Community district attorney for 24 years. school, he began his 45-year legal career Affairs, the Office of the Attorney Gen- with the Office of the Attorney General in eral, and as a private practitioner. He was George Kelley De Puy, ’50, died Austin. He moved to Dallas and became appointed in 1991 to serve as the first December 27, 2002, at 78. He practiced chief of the civil law section in the District chief administrative law judge of the law in Lufkin until 1964. Attorney’s Office. He then went into pri- newly created State Office of Adminis- vate practice and founded four firms. trative Hearings. In 1999, he joined the Howard Lee Norris,’50, died Feb- Texas Department of Banking, where he ruary 19, 2003, at 79. He practiced law in Paul Regene Roberts, Jr., ’58, died was serving as senior assistant general Texas for more than 52 years. January 1, 2003, at 70. He began his law counsel at the time of his death. career in San Antonio, where he first Parx F. Shearer, ’51, died January 18, worked in private practice and then served Donald J. Piller, ’82, died February 2003, at 80. He was a partner at Hoover, as an assistant city attorney. In 1969, he 27, 2003, at 46. Bax & Slovacek for 23 years. began practicing in New Braunfels as an associate of the Marion Borchers law Darryl Marcus Wexler, ’86, died De- William George Webb, ’51, died firm and was subsequently elected Comal cember 6, 2002, at 48. He was an attor- December 26, 2002, at 77. He was a part- County attorney. ney in the health care profession.

Summer 2003 UTLAW 63 64_ClosingArgument 6/9/03 7:26 PM Page 64

ARGUMENT Texas’ Uncommon Laws CLOSING widespread recognition as Prosser’s They enter into arguments, and then BY CORWIN W. JOHNSON Torts hornbook. But it still exempli- they have a fight, I ARRIVED IN AUSTIN ON A HOT SEPTEM- fies the mythic mid-twentieth-century They call each other dirty names, and ber afternoon in 1947, an assistant view of Texas and its legal system and brood on it all night, professor at The University of Texas has been sung many times since. Then lie in wait for sixteen hours School of Law. The war was recently behind an old rail fence, finished, and students were return- The Common Law of Texas And shoot the fellow in the back, but ing to complete their education. The Sung to the tune of “The Yellow Rose it’s all in self-defense. Chorus. mood was somber and the rigors of of Texas” the classroom intense. They raise an oil well derrick in the To lighten the mood, our faculty They buy their bourbon by the case, city hall front yard, And when the damn thing blows to and students started an annual vari- and never shun the cup, hell they take it mighty hard. ety show in 1952. At the first “Assault They ride around in Cadillacs, and Petroleum and rocks and mud are & Flattery” I sang and danced with smash each other up; strewn all o’er the sod, several other professors. From that And when they litigate the case, it’s It makes a most unsightly mess, but beginning, my singing career took an the weirdest ever seen, it’s just an act of God. Chorus. unexpected turn. Because the poor benighted courts try to follow Leon Green. At the 1959 Association of Ameri- A widow seeks indemnity upon a can Law Schools (AALS) meeting, Chorus: policee, Berkeley’s dean, Bill Prosser, asked his It’s the damnedest jurisdiction And she recovers double, with her coauthor, Dean Page Keeton, to rec- Upon this planet sad, attorney’s fee, ommend a professor to sing a song Its whole judicial process For when she loaded arsenic into her he’d written to the entire assembly. Is absolutely mad. husband’s beans, Keeton generously suggested me. There’s schizophrenia in New York, The late lamented met his death by The performance was well re- Also in Illinois, accidental means. Chorus. ceived. Despite this, “The Common But the common law of Texas is Law of Texas” never received the same A psychiatric joy. A loyal son of Texas goes out upon a spree, And perpetrates six murders, some rape and burglaree; He ends upon the gallows—it’s a proper end, of course— But the reason that they hang him is the bastard stole a horse. Chorus.

They ask the jury questions, which may number twenty score, Instructions that they give them take seven days or more, And when the case comes on appeal the record grows and grows, And what the last opinion holds, alas, God only knows. Chorus. Abridged lyrics © by the heirs of William Prosser

Corwin W. Johnson is UT’s Edward Clark Centennial Professor Emeritus and the subject of Corwin W. Johnson: An Oral History Interview (Jamail Center for Legal Research, 2002). Michael Widener contributed.

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