THE MAGAZINE OF THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL SCHOOL OF LAW CAROLINA LAW Health Care Law in America

Carolina Law Experts Weigh in on Health Care Reform Legislation

VOLUME 35, ISSUE ONE SPRING-SUMMER 2011 DEAN’S MESSAGE UNC Law Alumni Association Dear Friends, Board of Directors Executive Officers Spring can be a time of relaxed walks along Franklin Street in Chapel Hill. Yet, faced with a continuing economic recession Ann Reed ’71, president that has challenged law firms nationwide, threatened our state’s Robert A. Wicker ’69, vice president budgetary future and dimmed the job prospects of our graduating Thomas F. Taft ’72, second vice president students, we’ve opted to spend this season working hard to John Charles Boger ’74, secretary-treasurer strengthen programs that will serve our students and the profession. R. Scott Tobin ’81, Law Foundation chair For the past three years, listening closely to alumni, we have Marion A. Cowell Jr. ’64, past campaign chair SEARS DAN planned major curriculum reform to make our students more John Charles Boger Donna R. Rascoe ’93, past president (2005-06) practice-ready. Beginning in the fall of 2011, these reforms will John B. McMillan ’67, past president (2006-07) bring a far more intensive writing experience to entering students with the help of new, full-time writing faculty. In addition, second and third-year students will find a welcome new series of David M. Moore II ’69, past president (2007-08) applied and simulation courses, taught by some of Carolina Law’s finest professors. John S. Willardson ’72, past president (2008-09) Our success in faculty hiring continues, and four outstanding new faculty members will arrive Norma R. Houston ’89, past president (2009-10) in Chapel Hill by next fall – experts in employment and labor law, media law, professional Committee Chairs responsibility, and the civil clinic. Each will bring valuable real-world legal experience that Advancement Committee, Michael A. DeMayo ’90, should help students become more practice-ready. Beth R. Fleishman ’77 Despite promising curricular changes and new faculty, the job prospects for present students Audit Committee, Maria M. Lynch ’79 continue to be difficult. We are grateful to alumni who have responded to our calls for assistance. Together, we’ve done quite well. Despite the worst legal market since the Great Depression, we’re Facilities Committee, Thomas F. Taft ’72 pleased that 96 percent of the class of May 2009 and nearly 92 percent of the class of 2010 have Long-Range Planning Committee, found themselves employed nine months after graduation. Marion A. Cowell Jr. ’64, Ann Reed ’71 The most difficult decision we’ve recently faced has been to support tuition increases in this Student Affairs Committee, Craig T. Lynch ’86 time of financial uncertainty. Yet $1,500 tuition increases in both 2011 and 2012 will be necessary to fund our curriculum and related reforms after repeated state cuts in the school’s budget. We did UNC Law Foundation Officers not reach this conclusion lightly. We have always valued low tuition as the principal means to assure R. Scott Tobin ’81, president and chair broad access to legal education and to the widest array of career choices for our graduates. Edwin Jasper “Jack” Walker Jr. ’69, vice-president As we ask our future students to accept these necessary tuition increases, we intend to launch John Charles Boger ’74, secretary-treasurer a major scholarship initiative, with a target of at least $5 million, asking you, our alumni, for your help. Additional scholarship funds will be essential in meeting our dual aspirations — remaining accessible to students of all backgrounds even as we become the nation’s finest, truly UNC School of Law Office public law school. of Advancement We are overfilled with pride in your professional successes, and we hope that you remain proud Kris Jensen, associate dean for advancement of your alma mater. Thank you for your friendship and support. Carolyn Brafford, office administrator Sincerely, Dana Dubis, director of annual giving Louise Harris, regional director of advancement T. Brandon Wright, assistant dean for advancement

UNC School of Law Office JOHN CHARLES BOGER’74 of Communications Dean and Wade Edwards Distinguished Professor of Law Katherine Kershaw, communications manager

Student Bar Association CAROLINA LAW S. David Brown 3L, 2010-2011 president Co-Editors KATIE BOWLER, KATHERINE KERSHAW Contributing Editors BETHAN EYNON, LOUISE HARRIS, KRIS JENSEN, CHRISTEN LITTMAN, CHRISTOPHER NELSON, CATHERINE RINGO PIERCE, T. BRANDON WRIGHT Contributing Writers PATRICIA L. BRYAN, MADELINE VANN Designers REBECCA CARR, SARAH CHESNUTT, PAM UHLENKAMP PUBLICATION Carolina Law is published twice per year by the Office of Photographers LAURA BOYD, ROBERT CAMPELL, STEVE EXUM, TOM FULDNER, GARY MEEK, BENJAMIN PORTER, Communications at UNC School of Law. It is distributed DAN SEARS, DONN YOUNG to alumni and colleagues. Please update your information at NICOLE DOWNING, ELIZABETH MORGAN www.law.unc.edu/alumni. Research Assistants Special Thanks MARGARET HALL We continually seek content for publication. Please submit alumni class notes to [email protected]. Submit stories and press releases to [email protected] or Carolina Law editor, Correction: Brian P. Fullington’s name was misspelled in the Fall/Winter 2010 issue. Editors regret the error. UNC School of Law, 160 Ridge Rd., CB #3380, Chapel Hill, NC 27599. For more information, call 919.962.5106. 12,000 copies of the magazine have been printed at a cost of $10,065. This includes 10,500 insert envelopes. 2 SPRING-SUMMER 2011 VOLUME 35, ISSUE ONE SPRING-SUMMER 2011 CONTENTS

Cover Story 18 HEALTH CARE LAW IN AMERICA Carolina Law Experts Weigh in on Health Care Reform Legislation

CLINICS 6 HISTORY 14 Community Development Faculty Through Law Clinic Students Assist the Years Carolina for Kibera

Departments

SCHOOL NEWS 2 DONOR PROFILE 27 CENTER NEWS 28 10 Faculty & Research UNC Launches LL.M. Program, Hate Crime Research Conference Honors Julius 30 Class Notes ABA Grants “Acquiescence” Scholarship from Aaron Chambers ’62, Banking Center 33 Parting Shots Richard Golub ’67 Presents Lecture Series 34 Faculty Books 35 Staff Profile 36 Voices

CAROLINA LAW

Cover illustration by Rebecca Carr SCHOOL NEWS

UNC Launches LL.M. Program, ABA Grants “Acquiescence”

UNC SCHOOL OF LAW now offers foreign lawyers an opportunity to himself as a leading international scholar on adversarial systems improve their knowledge of U.S. law and legal process through its worldwide. Corrado has also recently earned a Fulbright Distin- one-year master of laws degree (LL.M.) program. On Jan. 25, the guished Chair in Law at the University of Trento in northern Italy, American Bar Association gave its “acquiescence” to the school’s where he will teach a seminar on U.S. criminal law while research- new LL.M. degree program in United States Law for foreign lawyers. ing Italian and European approaches to criminal law issues this Applications for fall 2011 will be accepted until April 30. spring. The LL.M. program has also been developed with the as- LL.M. students will have opportunities to study in all fields in sistance of associate dean Robert Mosteller and former associate the UNC law curriculum, but are expected to concentrate in the dean Laura N. “Lolly” Gasaway. law school’s areas of particular strength. These areas include Boger emphasizes that the school’s domestic law students and corporate and commercial law, banking law, environmental law, professors who work primarily within the United States will benefit intellectual property rights, civil rights law, health care law, human from learning alongside foreign-trained lawyers and forging inter- rights, international and comparative law, and public law and national connections. The program builds on the school’s existing regulation. In addition, students will benefit from studying law programs of international study abroad and student exchange, at a leading university in a globally prominent research and as well as visiting scholar programs for academics, judges and development area. prosecutors. It will also benefit from UNC School of Law faculty Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, expertise in U.S. and international law and other fields of global who is the faculty director of the program, expects to welcome an legal scholarship. initial class of three to seven students next fall and an eventual “We live in an era in which significant shifts are occurring in LL.M. student population of 25. ownership of wealth and resources, and American attorneys “Our J.D. and LL.M. students will benefit by studying together must be able to compete in this new global marketplace,” Boger and by engaging in discussions about comparative legal issues, says. “This degree program will help us to attract and develop a policies and judicial processes,” John Charles “Jack” Boger, dean network of alumni worldwide – many of them leaders in their own and Wade Edwards Distinguished Professor of Law, says. nations – who will assist our U.S.-trained alumni in establishing Boger has supported the development of the LL.M. program as global connections, whether they eventually practice in Charlotte, part of an ongoing effort to help train lawyers who will practice Raleigh, New York City, or Seoul, South Korea.” in the global economy. More than 100 American law schools cur- To be eligible for the program, foreign lawyers must have earned rently offer an LL.M., including many of the most elite public and a primary law degree from universities in their home countries. private law schools. “We live in a time of rapid global changes, Preference will be given to foreign lawyers who have practiced law when legal issues involving banking and investment law, environ- for at least two years. Applications are available online, and admis- mental law, intellectual property protection, and human rights sions will be made on a rolling basis. Admission decisions will also cross boundaries of geography and have far-reaching effects,” be based on an applicant’s prior academic excellence in their legal Boger says. “We need our lawyers and leaders to have a strong studies and fluency in English. understanding of cross-cultural issues and comparative law.” For more information, contact Beverly Sizemore, director of inter- Boger notes that Corrado is an ideal director, having established national programs, at 919.843.6247 or [email protected].

CLINIC STUDENT’S petition for an Iraqi interfere with refugee protections. It was ASYLUM ARTICLE lawyer who has suf- published Feb. 8, in JURIST. PUBLISHED IN JURIST fered severe persecu- “How do we draw the line between Third-year Immigration/Human Rights Policy tion in Iraq and has fled appropriate country conditions pertaining Clinic student Christian Ohanian published to the United States. to an asylum applicant and security concerns an article on the difficulties involved with Ohanian’s article, based on over-politicized and possibly

confronting asylum applicants from politi- “The Danger of Highly CAMPELL ROBERT distorted facts?” asks Ohanian in his article. cally controversial states. Under the supervi- Politicized Country Christian Ohanian “Highly publicized stories and stigmas create sion of Deborah Weissman, Reef C. Ivey II Conditions in an a legitimate risk that an asylum officer Distinguished Professor of Law, Ohanian and Asylum Case,” reflects on the legal indeter- could be unduly influenced in the evaluation Catherine Lafferty ’11 filed an asylum minacy of asylum law and how politics may of an individual asylum application.”

2 SPRING-SUMMER 2011 Symposium Examines Pluralism in Asia

SWIFTLY CHANGING ECONOMIC forces are immigration laws, antidiscrimination policies and protections of religious freedoms, to under- altering the demographic makeup of Asian stand the needs of their labor forces. countries, forcing local and national laws to accommodate a more diverse population and Topics of discussion included: workforce. These changes were discussed and • Adaptation of Japanese legislation to an analyzed at a day-long symposium titled “Law increasingly diverse population and Pluralism in Asia: Exploring Dynamics of • Court-based challenges brought by ethnically Reflection, Reinforcement, and Resistance” on diverse plaintiffs in response to newly Jan. 14. The symposium was presented by the ratified legislation North Carolina Journal of International Law • Government-sponsored programs to attract and Commercial Regulation. international business In recent years, Asian societies have experi- • Changes in immigration laws throughout Asia enced an increase in demographic, political and due to increased recognition of ethnic religious diversity. Economic development has and social minorities opened pathways for migration between local Madhavi Sunder, 2006 Carnegie Scholar regions. Many migrant workers from Southeast and professor of law at the University of Asia have resettled in parts of East Asia while California-Davis School of Law, gave the key- certain jurisdictions, such as Hong Kong note address. Sunder, an intellectual property lawyer, focuses her work on understanding how and Singapore, have worked to attract educated Madhavi Sunder workers from around the world. At the same long-held cultural doctrines may prevent the time, local minority groups have become more empowered and change necessary for cultures to achieve modernity. active in defining and protecting their legal rights. The growing Symposium panelists included Kelley Loper, University of Hong political action of gays and lesbians in Asia is one example of this Kong; Puja Kapai, University of Hong Kong; Wen-chen Chang, development. States in Asia have been instituting legal reforms to National Taiwan University; Illhyung Lee, University of Missouri; address these changing dynamics through antidiscrimination laws, Apichai Shipper, University of California, Los Angeles; Timothy freedom of religion protections and new immigration laws. Webster, Yale University; Anil Kalhan, Drexel University; Carl Minzner, The symposium brought together scholars, students, human rights Washington University in St. Louis; Jeffrey Redding, St. Louis Uni- lawyers and business leaders who work in Asia to explore these versity School of Law; Meredith Weiss, University of Albany; Hyunah changes and examine the ways in which the law reflects, reinforces Yang, Seoul National University; and Dian Shah, Duke University. and often resists pluralism in that part of the world. Legal responses to this growing diversity affect the ability of Download free audio and video from companies in Asia to attract highly valuable foreign labor and retain the symposium at itunes.unc.edu. talented workers who consider migrating. Business leaders Scan this QR code with your iPhone must stay informed of diversity initiatives, including changes to for instant access to iTunes U.

STUDENT EARNS of Fraud in SEC v. ners and law professors, and subsequently SECOND PLACE IN Dorozhko,” in the North selected by the board of directors of ASECA NATIONAL WRITING Carolina Law Review, as the second place winner. COMPETITION discusses the recent Doyle was on the 2009-2010 staff of Third-year student Sean Doyle was decision by the Second North Carolina Law Review, and his paper awarded second place in the Association Circuit regarding can be found in the most recent issue, of Securities and Exchange Commission fiduciary duties and CAMPELL ROBERT Volume 89. Alumni’s (ASECA) annual securities law an antifraud statute. Sean Doyle writing competition. Doyle’s article, Against tough com- “Simplifying the Analysis: The Second petition nationwide, Doyle’s paper was first Circuit Lays Out a Straightforward Theory reviewed by a panel of securities practitio-

CAROLINA LAW 3 SCHOOL NEWS

Banking Students Take Career Trek

PART SEMINAR AND PART field trip, the annual “career trek” Lissa Broome’s students take to the banking capitol of Charlotte, N.C., gives them a glimpse into the lives of lawyers in the financial world. Broome, Wachovia Professor of Banking Law and director of the Center for Banking and Finance, organized the visit this past fall to provide career guidance for student editors and staff members of the North Carolina Banking Institute Journal. “The journal’s career trek is an opportunity for students to meet practitioners and receive advice on how to leverage our time in law school to achieve success later in life,” explains Spencer Robinson ’11, editor-in-chief of the journal. The first career trek, the brainchild of Carolyn Waldrep ’10 while editor-in-chief for the journal, occurred over Fall Break 2009. Students visited the trading floor of Bank of America, followed by a lunch discussion with a number of lawyers from different practice backgrounds hosted by Alston + Bird’s Charlotte office. This year, the students toured Bank of America’s new LEED-certified building Charlotte, N.C. and heard from one of the in-house attorneys about legal issues related to the building. lawyers who worked in a variety of practice areas, including estate “As she pointed out the building’s environmentally-friendly planning and government relations. features, she explained the legal issues raised by each during After the visit to Charlotte, the law firms of Smith Anderson; Gaeta construction,” Broome says. & Eveson; Ward and Smith; and Alston + Bird hosted a lunch meet- The tour was followed by a luncheon hosted by Bank of America ing at the law school. One of the attendees was Joseph Smith, North with local lawyers who shared their experiences and insights with Carolina Commissioner of Banks. the students. Broome emphasizes that the invited lawyers repre- “Getting pragmatic advice from professionals like Joseph Smith sented a diverse array of experience and fields of practice. Advice and Edward O’Keefe, general counsel of Bank of America, is was of a practical nature, focusing on thriving in the workplace. absolutely invaluable,” Robinson says. Broome recalls that one advised the group to accept opportunities Robinson, 26, is a joint law and M.B.A. student, as are several of to become specialists in a particular area of law. the students who attended the trek or lunch meeting. One of the “Almost every professional we met noted the importance of an lawyers students met during the trek advised them to join the North open mind,” Robinson says. “Most said that they never could have Carolina Bar Association and volunteer with sections that focused predicted they would be where they are today. All of them noted that on their areas of interest. the ability to roll with the punches and adapt to new challenges was The career trek programs provide helpful networking opportunities essential to their success, especially in this economy.” for students and the lawyers who participate to share tips and create The students also visited the offices of Moore & Van Allen and met valuable contacts.

STUDENT SPEARHEADS opportunities in the Exchange, UBS AG in Zurich, Nomura Invest- INVESTMENT EFFORTS IN country, the 28-year-old ment Bank and other financial institutions. SRI LANKA assembled and led an Delegates also met with the Central Bank While completing his legal education at the international invest- Governor of Sri Lanka, Asia Capital PLC, UNC School of Law, second-year student ment delegation to Leopard Capital Private Equity, the Shin Asanka Pathiraja is also helping to strength- Colombo, Sri Lanka. Kwan Group, Citigroup and the Colombo

en the economic profile of Sri Lanka, his In late October 2010, CAMPELL ROBERT Stock Exchange. ancestral home, at a critical juncture in the the Sri Lanka Investor’s Asanka Pathiraja Pathiraja, a 2010 Gressman Pollitt Award nation’s history. After organizing a roundtable Forum was convened Winner and Holderness Moot Court member, discussion at the Sri Lankan Embassy in in the financial district of Colombo, with notes that law school has provided him with Washington, D.C., to highlight investment delegates from the Hong Kong Mercantile a number of skills that helped make his

4 SPRING-SUMMER 2011 ON-CAMPUS INTERVIEWS Mark Your Calendar MONDAY, AUGUST 22 - TUESDAY, SEPTEMBER 27 Contact Kala Glenn-Pruitt, recruiting administrator, at [email protected].

Annual Murphy Lecture Features Exoneree Gregory F. Taylor

RECENTLY EXONERATED by inmates convicted of felonies in North Carolina. Mumma is an GREGORY F. TAYLOR adjunct professor of law at UNC. delivered the 2011 The Murphy Lecture Series was established by the UNC School William P. Murphy of Law Class of 1990 to celebrate former faculty member Profes- Distinguished Lecture on sor William P. Murphy’s teaching and his work in constitutional March 16 to a standing- law, labor law and civil rights. This lecture series is responsible for room audience. bringing notable lawyers, political figures and public advocates to

DONN YOUNG Taylor was exonerated the campus. The Innocence Project, a UNC law student organiza- From left, Dean Jack Boger ’74, Taylor, and Chris in February 2010 by the tion devoted to reviewing and investigating claims of innocence by Mumma ’98. N.C. Innocence Inquiry prisoners, co-sponsored the event. Commission in Raleigh. The unanimous decision freed him from Download free audio and video from prison nearly 17 years after he was wrongfully convicted of murder. the lecture at itunes.unc.edu. He is the first person in the state’s history to be exonerated Scan this QR code with your iPhone for instant access to iTunes U. by the commission. Much national attention has been focused on using DNA evidence to overturn wrongful convictions, said Stephen B. Bright, director of the Southern Center for Human Rights, who spoke at last year’s Murphy Lec- ture. But 90 percent of criminal cases, like Taylor’s, do not involve any DNA evidence. Defense lawyers argued that prosecutors misrepre- sented evidence against Taylor, who was sentenced to life in prison in 1993 for a murder he always main- tained that he did not commit. They said that stains on Taylor’s truck turned out to not have been human blood, and that witnesses were later proven to have described scenarios that could not have happened. Chris Mumma ’98 introduced Taylor. Mumma is executive director of the N.C. Center on Actual Inno- cence, which is dedicated to identifying, investigating

and advancing credible claims of innocence made DONN YOUNG Taylor listens to a question from a member of the audience.

efforts successful. “Oral advocacy is critical LAMBDA LAW STUDENTS of Attorney Clinic sought to ensure that in a situation like this – when you have OFFER HEALTHCARE same-sex partners can make health care a very limited period of time in which to POWER OF ATTORNEY decisions for each other in the event that identify the resources and opportunities CLINIC one is incapacitated, and also to designate that will capture the attention of people,” Lambda Law Students Association – the same-sex partners for hospital visitation he says. “Those skills were significantly lesbian, gay, bisexual and transgender purposes. This free clinic was offered applied during these meetings and the advocacy group at UNC School of Law – Thurs., Feb. 17, and was preceded by a run-up to the forum.” partnered with Equality North Carolina and “Know Your Rights” presentation. a local estate-planning attorney to assist same-sex couples in preparing healthcare powers of attorney. The Healthcare Power

CAROLINA LAW 5 SCHOOL NEWS

Clinic Students Assist Carolina for Kibera

UNC SCHOOL OF LAW STUDENTS gained practical experience through advising a locally based international nonprofit that touches the lives of young people living in the slum neighborhood of Kibera in Nairobi, Kenya. Kibera suffers from abject poverty and ethnic and gender tensions. “The Community Development Law Clinic (CDL) allows third-year law students to provide advice to nonprofit clients about their busi- ness structure,” explains Colin Shive 3L. As clinic students, Shive and Destyni Williams 3L worked with Carolina for Kibera (CFK), a nonprofit organization founded in 2001 by Rye Barcott while he was an undergraduate at the University of North Carolina. CFK is run locally by Kenyans with the advice of Kenyan and American volunteers. The primary vision of CFK is to empower young men and women to be leaders in their community through innovative and fun programs aimed at reducing violence and improving basic healthcare, sanitation and education in Kibera. Initiatives include a sports association, girls’ program, trash recycling program, scholarships and a medical clinic. Over the years, CFK has assisted with the development of youth-oriented programs in other communities in Kenya and six other countries. “I have been particularly impressed by Carolina for Kibera’s community-based development model, an approach which involves working with the community of Kibera to develop the training, skills FULDNER TOM Colin Shive 3L; Leann Bankoski, center, executive director of Carolina for Kibera; and resources necessary to effect change,” Williams says. The and Destyni Williams 3L. 27-year-old native of the Republic of Trinidad and Tobago says that her long-term goal is to provide legal advice to nonprofit organiza- affiliated entity of UNC, and Bankoski recognized this as a partner- tions, making her experience with the CDL clinic a perfect fit for her. ship and learning opportunity on campus. She turned to Tom Kelley, CFK marks its 10th anniversary in April, so it was an appropriate director of clinical programs at the law school, for advice. Kelley is time to review the organization’s legal structures and procedures, also supervisor for the CDL clinic. Bankoski filled out the applica- says Executive Director Leann Bankoski. tion required to become a client of the clinic and was pleasantly “As an organization that has grown from a small grassroots surprised to be chosen. nonprofit to an internationally recognized organization that directly “CFK received a timely and thorough legal audit while UNC law serves more than 55,000 people each year, the timing for a legal students gained firsthand experience about the life and growth audit was right. This seemed the perfect opportunity to review all of of an international organization,” she says, adding that CFK is CFK’s legal documents and ensure that we have appropriate and dedicated to building mutually beneficial relationships. “The quality current policies and documentation,” she explains. of their work is impressive and comparable to that of an outside However, as the only U.S.-based staff member and one without firm. By helping CFK, they are contributing to UNC’s global presence a law degree, Bankoski realized she needed help. CFK is a major and history of service.”

PRO BONO STUDENTS, At the clinic held on Feb. 7 at UNC School have Judge Buckner hold hearings on cam- LEGAL AID OFFER of Law, students interviewed clients and pus, giving even more students the chance to DIVORCE ASSISTANCE prepared divorce pleadings under Posner’s witness the proceedings.” UNC School of Law Pro Bono Program supervision. On April 15, clients returned to Legal Aid of North Carolina reports that students have partnered with the Pittsboro the law school where students conducted divorces are particularly difficult for low- Office of Legal Aid of North Carolina to divorce hearings with Chief District Court income clients to obtain. Attorney and court assist qualifying low-income Orange County Judge Joe Buckner presiding. “Our students fees are out of reach for poor people, and residents seeking divorces. Students who are have the opportunity to gain essential Legal Aid resources are generally devoted to committed to providing access to justice for practical skills by interviewing clients, emergency legal problems such as domestic people of modest means represented clients executing all the necessary court papers, violence, mortgage foreclosure defense, under the supervision of clinical professor and conducting hearings on behalf of their evictions and issues associated with unsafe, and Legal Aid attorney Beth Posner. clients,” Posner says, “and we’re thrilled to unsanitary or uninhabitable rental properties.

6 SPRING-SUMMER 2011 Students Gain Experience through CAMPELL ROBERT CAMPELL ROBERT CAMPELL ROBERT Domestic Violence Clinic John Noor Beth Posner Tristan Routh

SIX THIRD-YEAR STUDENTS HAD the opportunity to represent clients clients. For Posner, one of the most valuable insights for students is in court each week during the Fall 2010 semester Domestic Violence that they “learn about the difficulties poor people face when seeking Clinic. The clinic, which served approximately 25 clients during its access to justice.” first semester, is supervised by Beth Posner, adjunct professor of law It has been an eye-opening experience for students in the clinic. at UNC School of Law. The clinic enrolled six students this spring. John Noor says the clinic was his first choice, because he wanted to “The students have been successful in receiving protective orders work directly with clients and gain litigation experience. that have included safety provisions for our clients, temporary “So far it’s probably the most fulfilling thing I’ve done in law allocation of marital property, temporary child custody and temporary school,” Noor says. spousal support,” Posner says. The students served clients in the Fellow student Tristan Routh had previous experience with Orange and Chatham County courts. Clients are referred by local domestic violence work, and also opted to work in the domestic law enforcement and domestic violence agencies and are screened violence clinic. for eligibility for services through Legal Aid of North Carolina before “The most important thing to remember is that domestic violence students take on representation. doesn’t really know any socioeconomic lines,” Routh says. All students registered for the Domestic Violence Clinic last year “It’s important for students to learn that they are doing their part to participated in intensive weekend training designed to give them an keep people safe, but that’s all they can do. The client then has to go overview of the issues they would face and preliminary preparation home and make all the other choices in their life,” Posner says. “It’s for representing clients. The training included sessions on interview- an unfortunate reality that sometimes we go to court and see a former ing clients, the effective use of interpreters, rules of professional client dismissing a protective order that we worked on. It can take responsibility and an overview of North Carolina’s domestic violence eight to 10 times for someone to get out of an abusive relationship, statutes. It also provided an overview of local domestic violence so although they may not see the results immediately, I make sure the prevention and support services and an overview of the battered students know their efforts were helpful in resolving the conflict. women’s movement. “Part of doing this kind of work, along with trial preparation, is Posner says the clinic gives students “a human connection to the coming to terms with what it means to be a professional and what law as well as the skills they will need to represent real people in a the privileges and limits of that professionalism are. This is particu- meaningful way.” larly true in domestic violence work, but it carries over into most “Each student has had numerous opportunities to interview clients, practice areas. represent clients in court, draft court orders and negotiate with an “My understanding from the domestic violence agencies is that opposing party and opposing counsel,” she says. “Each student has the clients feel like they are being heard and listened to by their also had countless opportunities to think critically about their role in student-lawyers, that they feel empowered by the very fact that a law assisting someone with very real needs and very practical concerns.” student is taking the time to listen to their story and advocate for She hopes the connection will help students build a lifetime com- their rights,” says Posner, who has also received positive responses mitment to public service and pro bono work on behalf of low-income from the judges.

Legal Aid’s partnership with the volunteer C-PILO AUCTION summer jobs. The organization raised law students and the courts is part of a RAISES $18,000 approximately $18,000 from items larger program to address the issue of More than 100 students volunteered to auctioned. Popular items included bar access to the courts in divorce matters, present the annual auction hosted by the study course certificates, vacation houses, including lunchtime pro se divorce clinics Carolina Public Interest Law Organization sailing lessons from 2Ls Patrick Hunter conducted by private attorney Laura Irwin at on Jan. 27 at the Carolina Inn. Hundreds of and Grey Littlewood, and numerous get- the courthouse in January and March with alumni, students, faculty, staff and friends – togethers with faculty members, including the assistance of a pro bono law student. including N.C. Supreme Court Justice Robert bowling with Dean Jack Boger ’74 and Orr ’75 and N.C. Superior Court Judge Carl kayaking with Dean Richard Myers ’98. Fox ’78 – gathered to help raise money to support students pursuing public-sector

CAROLINA LAW 7 SCHOOL NEWS

National Guard Externship Offers Student Diverse Legal Experience

IN THE SUMMER BEFORE chief justice of Phi Alpha Delta, was offered her choice of legal her second year of law issues on which to work. “[The JAG office] has about two dozen school, Lace Wayman issues come through every day,” Wayman explains. The JAG office 2L researched domestic serves as a resource for service members and their families. JAG legal issues in family law, officers do not represent service members in a court of law, but they contract law, criminal do help prepare filings and advise about legal matters. law, estate planning, During the externship, Wayman worked 32 hours a week at the immigration, property, JAG office and attended a class on Friday with other externs. The taxes and military law as students worked with a faculty supervisor and were required to keep an extern in the Office of journals reflecting on their experience. Externs were also able to the Staff Judge Advocate participate in field trips that exposed them to other aspects of the (SJA) of the North Carolina legal system. National Guard in Raleigh. “I went to a court counseling session with the Orange County Wayman was enrolled Drug Treatment Court, and some of the other students went on a in the summer externship legislative tour or a prison tour,” she explains.

TOM FULDNER TOM program, and she foresees At the end of her externship, Wayman completed a 2,000-page Lace Wayman a career in international civil law reference binder for the office. The Office of the Staff Judge law. “I didn’t want to limit myself in any way, though, which is what Advocate offered her a paralegal job in the office for the rest of the led me to try an externship, to see what was out there and to find summer, and copies of her reference binder were distributed for use something that would provide me with experience in several fields in 17 National Guard Family Programs offices throughout the state. instead of just one,” Wayman says. She was given an opportunity to The binder was created for JAG officers and their paralegals to use apply to three different externship sites. She accepted an offer from when advising clients, but was distributed for family programs the Office of the Staff Judge Advocate. employees to use as handouts to service members and their fami- Wayman, who is 2L president for the Student Bar Association and lies as a “first step” in familiarizing themselves with legal issues.

About the Externship Program

EXTERNSHIPS GIVE STUDENTS an opportunity to explore a in the summer semester. There are also limited opportunities particular area of practice while developing key lawyering available for students to extern full-time in the fall or spring and skills. The UNC School of Law externship program offers receive 12 credit hours. students a variety of placement opportunities with state and To learn more about student externship possibilities, visit federal government, state and federal judges, public interest www.law.unc.edu/academics/externship or contact program organizations, academia, and corporate in-house counsel coordinator Melissa Wood-Saltzman at [email protected] offices. Students enrolled in the program receive three credit or 919.843.9702. hours in the fall and spring semesters and five credit hours

FESTIVAL OF LEGAL health law and professional ethics. The of banks and thrift institutions having LEARNING annual event gave members of the North aggregate assets in excess of $200 billion, The 21st annual Festival of Legal Learning Carolina bar and out-of-state lawyers an the licensing and regulation of firms and this February, organized and overseen opportunity to complete 12 hours of individuals engaged in mortgage banking by former Dean Judith Wegner, Burton continuing legal education credits from and brokerage, and the regulation of Craige Professor of Law, offered a range more than 90 sessions. a variety of consumer finance enterprises, of educational opportunities for lawyers This year’s Donald F. Clifford Jr. Distin- including finance companies, check that addressed such topics as consumer guished Lecture series speaker was North cashers, money transmitters and refund- credit, environmental law, Internet privacy, Carolina Commissioner of Banks Joseph anticipation lenders. domestic violence, trial skills, agricultural A. Smith Jr. As commissioner, he heads law, bankruptcy, school segregation, an agency charged with the supervision

8 SPRING-SUMMER 2011 Student Externship Teaches CAROLINA LAW OFFICE OF ADVANCEMENT Consumer Protection, STAFF UPDATES Business Regulation DANA DUBIS recently joined the Office of Advancement as director of annual MARY PAT KENYON 2L giving. In this role, Dubis oversees the spent the first part of annual fund, law firm campaign, class her summer working on gift campaign and reunion giving efforts. behalf of consumers She also oversees the annual scholar- caught in a mortgage ship luncheon and William Horn Battle modification scam. The KERSHAW KATHERINE dinner. Previously, Dubis worked for Dana Dubis opportunity arose through the United Way and developed strategies her summer externship to cultivate, engage and steward prospects at more than with the Consumer 200 Triangle companies. Protection Division of the Office of the Attorney LOUISE HARRIS has been named General for the State of regional director of advancement at North Carolina in Raleigh. UNC School of Law. For more than nine As she approached the years, Harris has built and strengthened end of her first year of the school’s alumni relations program. law school, Kenyon was She has managed regional events and looking for summer legal FULDNER TOM organized the annual Law Alumni

Mary Pat Kenyon CAMPELL ROBERT experience. The summer Weekend as well as countless alumni Louise Harris externship program had been expanded beyond its traditional judicial dinners and receptions. She has provided externship format and offered a number of new opportunities that exceptional support for the Law Alumni Association Board. caught her eye. The Consumer Protection Division topped her list, so Prior to her role as regional director, Harris served as assistant she was thrilled when they accepted her for the program. dean for alumni and special programs at Carolina Law. “Before coming to law school, I had worked as a legal assistant in D.C., and I had seen corporate litigation,” Kenyon says. “I also T. BRANDON WRIGHT has been named worked for a solo practitioner and worked with Legal Aid. I thought assistant dean for advancement at UNC this externship in particular would provide an opportunity to learn School of Law. Wright brings a wealth about the balance between protecting the consumer and dealing of experience in development to this with business and commercial regulation.” position and will provide additional Kenyon interviewed consumers and wrote complaints, which leadership to the Foundation Board, Law were then reviewed by one of the staff attorneys. “The process Annual Fund and other activities. Prior to helped me translate information gathered during a live interview into KERSHAW KATHERINE becoming assistant dean, Wright served an organized set of facts that could support the consumer’s legal Brandon Wright as associate director of development at claim,” she says. UNC School of Law. He was instrumental in raising funds for the “I enjoy consumer protection,” says Kenyon, who expects her Center for Banking & Finance and for various scholarships and career to focus on civil litigation. She adds that the externship helped professorships as the associate director for development. her refine her long-term plans.

15TH ANNUAL law, the new health care legislation, and served as keynote speaker. The conference CONFERENCE ON RACE, the impact health care law has on race, was co-sponsored by the UNC Law Chapter of CLASS, GENDER AND class, gender and ethnicity divisions in the National Lawyers Guild. ETHNICITY the United States. Panel discussions This year’s continuing legal education also explored the structural inequality in conference “Health Care Reform: Who’s health care reform, access and obstacles Left Out?” brought together legal scholars, to subprime health care, and the shifting practitioners, activists, community mem- paradigm on new directions in health bers and health care scholars in February justice. Professor Rene Bowser from the to examine the current state of health care University of St. Thomas School of Law

CAROLINA LAW 9 FACULTY & RESEARCH

Panel Addresses Gender Violence in Latin America

THE UNC SCHOOL of Law Immigration/Human Rights Policy Clinic co-sponsored a panel addressing gender violence in Latin America in February, with the UNC Center for Global Initiatives, UNC Institute for the Study of the Americas, Carolina Women’s Center, UNC School of Law Immigration Law Association and UNC School of Law Domestic Violence Advocacy Project. “Gender Violence and the Phenomenon of Femicides in the Americas” explored issues of violence against women throughout Mexico and in other Latin American countries. The day before the panel, visiting scholars held a public conversation on similar topics. Both events brought together scholars, lawyers and human rights activists to address incidents in which enforcement officials throughout Latin America have failed or refused to undertake investigations and prosecu- tions after incidents of violence against women. “This has created a climate of impunity for perpetrators and has denied victims and survivors of violence and their families appropriate access to truth and justice,” says Deborah Weissman, Reef C. Ivey II Distinguished Professor of Law at UNC School of Law. In 2009, the Inter-American Court of Human Rights issued a judgment against the Mexican government for its failure to investigate the femicides in Mexico. The 167-page decision included evidence of government negligence, corruption, cover-ups, torture and the obstruction of justice. As part of a feminist effort to categorize violence rooted in gender power structures as a violation of human rights, the discussion and panel will explore the analytical framework and response to the escalation of violence against women in Latin America during Terrorizing Women: the past two decades. Feminicide in the Americas Editors Rosa-Linda Fregoso and Cynthia Bejarano Duke University Press, 2010.

PANEL SPEAKERS CYNTHIA ROSA-LINDA MARCELA HILDA MORALES DEBORAH BEJARANO FREGOSO LAGARDE TRUJILLO WEISSMAN Department of Latin American & Department of Guatemala’s Network University of North Criminal Justice Latino Studies Anthropology for Non-Violence Carolina School New Mexico State University of California, National Autonomous Against Women of Law, Chapel Hill University Santa Cruz University of Mexico

10 SPRING-SUMMER 2011 Intervention, Not Incarceration for Prostituted Children

he commercial sexual are at risk for commercial sexual exploitation, and Ann Wilkinson, exploitation of children a mentor in the program as well as a former prostituted child. Tis an epidemic, says Tamar “I spoke on the laws that allow for the criminal prosecution Birckhead, assistant law professor of minors for prostitution, and I described the range of ways in at UNC School of Law, and it which states have addressed the problem and highlighted those is an epidemic in which some few that have successfully used strategies of intervention and of its victims – the prostituted rehabilitation rather than prosecution and incarceration,” she children – are prosecuted as says. These topics, in addition to the differences between inter- criminals in many of our states national law and domestic law in this area, are included in her and municipalities. current article. Birckhead, who argues in favor Birckhead hopes the article will increase awareness and concern of legal reform that channels for prostituted children and the web of laws that determines DONN YOUNG such children into rehabilitation their fates. Tamar Birckhead programs instead of the juvenile “I began my research motivated by a basic desire to understand and criminal justice systems, has compiled an analysis of the more about how laws that hold children criminally liable for legal environment encountered by these youth in her article, prostitution developed in the U.S., why they’ve remained on the “The ‘Youngest Profession’: Consent, Autonomy and Prostituted books and why our government appears to treat child victims of Children.” The article is slated for publication in the Washington international sex trafficking so differently from children who are University Law Review (Volume 88, Issue 5) this spring. prostituted on our soil,” she explains. “The rationale appears to As many as 300,000 children – most of whom are between 11 be based squarely on geography, perpetuating stereotypes about and 14, with some as young as 9 – are at risk for sexual exploita- youth and crime. Implicit is the notion that prostituted children tion in the United States today, Birckhead says. from non-Western countries were coerced and enslaved into the “It is shocking to learn that children are held criminally liable for international sex trade, while American teen prostitutes are ‘bad their role in acts of prostitution. Even after all this research, I’m still kids’ who aren’t worthy of society’s sympathy and support.” amazed at the wrongheadedness of this practice,” she says, adding In the process of her research, Birckhead discovered a number that at the international level, United States policy views prostituted of inconsistencies in existing U.S. laws — such as statutory rape children as victims, while they are treated as criminals domestically. laws that consider children under the age of sexual consent to be “Hopefully the tide is turning, and perhaps this article can play victims, while prostitution laws hold them criminally liable — a small role in convincing legislators to change their laws, and and a lack of services for treatment. There are, she says, fewer than prosecutors, as well as law enforcement, to change their policies.” 100 slots available nationally in long-term rehabilitation programs Birckhead became interested in the topic at a national juvenile for sexually exploited youth. defender conference in New Orleans, Louisiana, in 2008, where Yet Birckhead, whose next project will focus on approaches she attended a session on effectively representing youth charged to reforming the juvenile justice system, is optimistic about the with prostitution. She says she was intrigued to learn that possibility of a change in perspective in the future. Several more New York and a handful of other locales were working on safe states are developing safe harbor laws, and prosecutors increasingly harbor laws that provide prostituted children with an opportunity are working with law enforcement to implement local policies for treatment and supervision rather than criminal prosecution that direct prostituted youth into treatment programs instead and detention. of the court system. However, she notes, in an economy where In October 2010, Professor Elizabeth Bartholet, the faculty states are streamlining their budgets, prevention and rehabilitation director of the Child Advocacy Program at Harvard Law School, programs that help sexually exploited youth rebuild their lives invited Birckhead to participate in a panel discussion of the topic, are unlikely to receive adequate funding. Until this happens, along with Lisa Goldblatt Grace, director of a prevention program Birckhead admits, the epidemic of prostituted children will in Boston called “My Life, My Choice” that focuses on girls who inevitably continue.

CAROLINA LAW 11 FACULTY & RESEARCH

Gibson Views Rulemaking from the Inside

awyers who practice in federal court should be aware of question or comment. the rulemaking process that affects their practice, argues “The process works LElizabeth Gibson, Burton Craig Professor of Law at UNC when ideas come School of Law. Gibson serves as the reporter for the Advisory though lawyers’ own Committee on Bankruptcy Rules, one of five rule advisory experiences of using committees of the Judicial Conference of the United States. the rules. The rules The five committees - civil, criminal, appellate, evidence and committee responds to bankruptcy - are composed of federal judges, practicing lawyers, all of the suggestions, law professors, state chief justices and representatives of the which often serve as the Department of Justice. Each committee has a reporter, a prominent basis for rules amend- law professor responsible for coordinating the committee’s agenda ments or the creation of and drafting appropriate amendments to the rules and explanatory new rules.” committee notes. Members and reporters are appointed by the Gibson explains that Chief Justice of the United States. As the reporter for the bank- there are many rules that ruptcy committee, Gibson participates in the lengthy process look good on paper but that eventually results in a new or amended bankruptcy rule or will need some changes official form. or even additional rules

“Knowing about the rulemaking process can provide a greater to make them useful DONN YOUNG faith in the rules, faith that it is a deliberative process,” she says. in practice. That’s why Elizabeth Gibson Gibson counters the traditional simile about making laws with the process includes a metaphor of her own. Where 19th century German Chancellor publication of proposed rules to obtain comments from lawyers, Otto von Bismarck compared watching laws being made to judges and court personnel who will be the ones who ultimately watching sausage being made, Gibson counters that federal use the new or amended rule. rulemaking is not something that one should avoid seeing. Like The bankruptcy rules committee may get about 10 rule recom- mendations each year, she says. In her role as reporter, Gibson drafts proposed rule changes and “Knowing about the rulemaking process notes that explain the changes, prepares memoranda for the rules can provide a greater faith in the rules, committee discussing the background and effect of the proposed faith that it is a deliberative process,” change, and summarizes comments from the public on published she says. proposals. Once the public has had opportunity to comment and the rules committee approves an amendment, it still must be making wine, she says, it is an open, inclusive, lengthy process. approved by another Judicial Conference committee, the Judicial The rulemaking process generally takes up to three years from the Conference itself and the U.S. Supreme Court. Once promulgated time an idea for a rule is first submitted to the time that it is final- by the Supreme Court, the rule will go into effect seven months ized for the bankruptcy courts. In unusual circumstances, interim later unless Congress takes action to the contrary. rules can be pushed through the process faster. “This year we published two rules for comment that were some- Gibson notes that participating in the process of rulemaking may what controversial, and we received more than 150 comments. be one way to help craft rules that will work in practice. The committee also conducted a hearing, and lawyers came “The best time for a lawyer to get involved is when they’ve forward and testified about the rules,” Gibson says. “As a result encountered a problem where they think the rule of civil proce- of the public input, we withdrew one proposed rule change that dure or bankruptcy or evidence doesn’t work like it is supposed had been published and substantially revised the other proposed to or doesn’t address the issue,” she explains. Typically, lawyers with rule. That’s the reason the process includes public comment. You’d years of experience are best suited to make these observations. rather know ahead of time than after the rule goes into effect if They can then go to the U.S. Courts’ website and submit a there are problems.”

12 SPRING-SUMMER 2011 Fedders Recommends Training for School Law Enforcement Officers

BARBARA FEDDERS, clinical assistant professor of law, co- The report highlights authored a report recommending new training requirements for other models in school school resource officers assigned to the Wake County Public School districts across the System. The report, “Law Enforcement Officers in Wake County nation where progressive Schools: The Human, Educational, and Financial Costs,” was reforms have reduced published Feb. 3 by Advocates for Children’s Services. the school-to-prison The report criticizes the placement in schools of officers with pipeline while keeping no experience or training in working with youths. The report notes schools safe and a lack of research supporting any increase in school safety while saving taxpayer dollars. also revealing increased expense and increased criminalization It recommends a in the learning environment. It notes that although state and local minimum requirement of DONN YOUNG governments, including Wake County, are in a budget crisis, no cuts training, limitations, over- Barbara Fedders in school security expenses have been proposed. sight and accountability, In 2009-2010, the average salary for a resource officer in Wake with more intensive reform that could include positive alternatives County schools was $50,291, while a national board-certified to suspensions, arrests and court referrals; specialized manda- teacher with a bachelor’s degree would need six years of licensed tory, intensive, on-going training for all officers; prohibition of experience before earning the same. Also, in recent years, the arrests and delinquency and criminal charges against students school system paid for security personnel to attend workshops on who commit minor offenses in schools; and strict limitations on interrogation techniques but have not provided funding for training the use of guns, Tasers and pepper spray on school campuses. in adolescent psychology, working with students who have disabili- Fedders is a faculty member with the UNC School of Law ties or positive behavior interventions and supports. Juvenile Justice Clinic and focuses her research on children “Students and their parents deserve to be educated in schools in conflict with the law. Advocates for Children’s Services is a that value fairness and equality,” Fedders says. “The proliferation statewide project of Legal Aid of North Carolina that advocates of armed police officers in schools, often operating without oversight the idea that at-risk children are rights-bearing citizens who are from school officials, may threaten these values. We hope that this entitled to safe, permanent homes and who should receive report serves as an occasion for North Carolina’s educational and the medical and educational services promised by law. Since political leaders to rethink the way in which we can best secure safe 2008, the organization’s primary objective has been to end the and nurturing schools.” school-to-prison pipeline in North Carolina.

Growth of School Resource Officers in North Carolina 1000

800 600 400 Statewide

Number of Officers 200 0 ’95-96 ’96-97 ’97-98 ’98-99 ’99-00 ’00-01 ’01-02 ’02-03 ’03-04 ’04-05 ’05-06 ’06-07 ’07-08 ’08-09

CAROLINA LAW 13 HISTORY

IMAGES COURTESY OF THE UNC KATHRINE R. EVERETT LAW LIBRARY

William J. Turnier, Willie Person Mangum Professor of Law, joined the faculty in 1973. Kenneth S. Broun served as school dean He teaches courses on family wealth planning from 1979 to 1987 and has been Henry and estate and gift taxation. Brandis Professor of Law since 1990. Professor John Scott in the 1970s. Broun retires this spring. Law Schedule Fall 1921

Former UNC Chancellor and Emeritus Kenan Professor of Law William B. Aycock ’48, left, with Maurice T. Van Hecke, Kenan Professor of Law from 1928-1963, founder of the North Carolina Law Review and dean from 1931-1941.

In 1969, the law school moved to its current location, Van Hecke-Wettach Hall, which was constructed under the leadership of Aycock and Dean J. Dickson Phillips on what was then the southern edge of campus. Van Hecke-Wettach was later enlarged through the 1992-1999 expansion under the leadership of former Dean James Dickson Phillips, dean from 1964-1974. Judith Welch Wegner, who currently serves as Burton Craige Professor of Law.

14 SPRING-SUMMER 2011 Elwood Becton ’79, back row, second from right. Can you identify the other students in this photo? Call 919.962.4125 or email [email protected].

Albert Coates joined the law school faculty in 1923. As an assistant professor of law, Coates wrote, taught, and consulted extensively in the fields of criminal law, municipal law, legislation Faculty wait to play in a student-faculty basketball game. From left, Arnold and family law. Nine years later, Coates founded Loewy, Graham Kenan Professor of Law Emeritus; Bob Melott; unknown; the Institute of Government, now known as Donald F. Clifford, Aubrey L. Brooks Professor of Law Emeritus; and Richard the UNC School of Government. M. Smith. Can you identify the man in the middle? Call 919.962.4125 or email [email protected].

CAROLINA LAW 15 HISTORY

16 SPRING-SUMMER 2011 Summer, 1913 1 Prof. McGehee 20 Newton 2 Judge Clark 21 Spruill 3 Gavin 22 Rogers 4 Graham 23 Smith 5 Uzzell 24 Capelle 6 Chappellman 25 Davenport 7 Poisson 26 Patrick 8 Rodman 27 McGowen 9 Banks 28 Williams 10 Gudger 29 Newsome 11 Ellington 30 Long 12 McAbee 31 Tillett 13 Keeble 32 Cogenhour 14 Whitley 33 Robinson 15 Fulton 34 Sutton 16 Hester 35 Meares 17 Milliken 36 Annie Plummer 18 Spicer Nicholson, Mascot 19 Powell

CAROLINA LAW 17 Health Care Law in America

BY MADELINE VANN

alk to Carolina Law alumni and faculty immersed in useful solutions to existing problems and, at the same time, share the changing world of health care law, and you’ll hear their experiences with younger practitioners in the field. While some common themes. The first is that the Affordable their fields of focus may be different, the spirit of law remains the Care Act is rewriting how health care works in the same. Ultimately, all participants in this story agree on one thing: United States. The second is that despite the landmark within the field of health law, team work is essential. “Everything passageT of the legislation and continued legal challenges, many I’ve done of value I have done with a team of amazing colleagues,” questions about its implementation remain – and the answers is a common sentiment. may only become clear over the course of years, with substantial Health care law is so broad and touches on so many areas of adjustment on the part of other regulatory bodies. life and law that the greatest achievements, according to alumni Whether health care lawyers are focused on preventing and faculty, can only come through team work. In some instances, Medicaid and Medicare fraud and abuse, representing a specific according to UNC experts, true improvements in health care health system, or protecting access to care for at-risk individuals provision and implementation will only come through team work throughout the country, staying up-to-date on the changing law at the highest levels: between regulatory bodies, federal agencies poses a challenge. It is a challenge, however, that legal scholars and and state legislatures. UNC-trained health care lawyers stand at the experienced health law practitioners all embrace, eager to create ready to play a role during this era of health law transformation.

Biotech Patenting New devices, diagnostic tools and pharmaceuticals are all boons for Second Annual Global Health health – but cost of development and access to these technologies remains Case Competition a concern. Carolina Law faculty continued the conversation in December 2010 when Andrew Chin, associate professor of law, filed an amicus curiae This is the second year in which UNC brief with the U.S. Supreme Court as it considers Association for Molecular School of Law partnered with other Pathology v. U.S. Patent and Trademark Office, a case considering the schools at UNC and in the Triangle to challenge to certain Myriad Genetics’ patents related to the BRCA 1 and 2 breast and ovarian cancer susceptibility genes. host a student health law case competi- The chain of events related to the patenting of genes and other technologies tion. Last year’s competition challenged tends to flow smoothly outside of the public eye, but the challenge to Myriad’s patents drew a spotlight immediately. UNC law faculty members interdisciplinary teams of students to were ready to respond. create an aid plan for Haiti in the wake “The brief makes an argument that has never before been raised in gene of the earthquake. This year’s competi- patent litigation – that the claimed short DNA molecules should be held unpatentable under patent law’s printed matter policy,” explained Chin in tion took place April 5 - 9, culminating in December. “The brief also describes a project I have undertaken since 2002 a series of presentations by each team to demonstrate the irrationality of current legal doctrine in this area, in which the computer-generated listing of DNA sequences is taken to be a significant to an audience and judges. Read more consideration in whether a DNA molecule is deemed to be inventive.” at challenge.web.unc.edu.

CAROLINA LAW 19 PHOTO BY GARY MEEK

Kitty Cohen afoul of the numerous regulations that govern the health care CLASS OF 1985 field. Working with tax-exempt health care clients has become a OF COUNSEL & FORMER PARTNER niche for her. “When you review the health provisions and tax provisions, you SUTHERLAND ASBILL & BRENNAN LLP become aware that they are complementary systems of regulation,” ATLANTA, GA. she says. Cohen spent seven years in Washington, D.C., with the House Kitty Cohen ’85, formerly a partner and now of counsel with Commerce Committee, so she had policy experience to draw Sutherland Asbill & Brennan LLP in Atlanta, Ga., may have from when she came to Sutherland Asbill & Brennan LLP. dozens of underage mothers to thank for helping her find her “Including graduate school and volunteer work, I’ve been inter- way into health law and tax-exempt work. While working on ested in health and worked in health care in some capacity since a graduate degree in international relations at the University 1973, more than 35 years now. In 1973, as well as in 1985 when of Chicago, she volunteered in a prenatal clinic for first-time I came to Sutherland, many people did not realize how much of mothers, some as young as 12. What she saw there was, she says, the federal dollar went to the health care sector and how much “an eye opener.” of our economy was affected by the provision and regulation of “To some extent, that fueled my interest in health care. health care,” she says. “It used to be that there were fewer laws that I changed my area of study to American politics and my thesis impacted all of health care at once. In the last few years, we’ve had topic to HMOs as a forerunner of national health insurance. an astounding number of statutes enacted, some of which involve I became interested in the poor, who often don’t have sufficient federal agencies such as the Federal Trade Commission in non- access to care, as well as in those whose level of education and traditional roles – meaning unrelated to mergers and acquisitions access to information affect their health care choices. For someone – in the regulation of health care.” who grew up in a politically active family, it just seemed an Still, the current changes in health regulation at the federal level important area to get into,” she recalls. leave a lot of unanswered questions. “I think that the health care In 25 years of practice, Cohen has represented for-profit and industry is considering what structures will best accommodate the nonprofit health care organizations as well as manufacturers of changes in regulation as well as allow flexibility to meet current health care equipment and academic medical centers. Her goal and future challenges in a regulatory framework that is in flux, to is to ensure her clients can fulfill their missions without running say the least.”

20 SPRING-SUMMER 2011 Noah H. Huffstetler III CLASS OF 1976 MANAGING PARTNER NELSON MULLINS RILEY & SCARBOROUGH LLP RALEIGH, N.C.

Practicing health care law is a lot like playing three dimensional chess, says Noah H. Huffstetler III ’76, managing partner at Nelson Mullins Riley & Scarborough LLP in Raleigh, N.C. “Litigation is often played out in courts while policy change and other complementary efforts are simultaneously played out in Congress, the state legislature and federal or state regulatory agencies,” he says. “You have to be able to operate in more than one venue. But it gives you room to maneuver, to push for new laws and to pursue a strategy that might be outside the box.” Huffstetler did not originally plan to go into health care law. With a passion for litigation, he joined the team working on Hospital Building Co. v. Trustees of the Rex Hospital (1976), a case that lasted in federal court for 14 years. In the process, he found his way into a field that is continually changing and challenging, introducing him to clients for whom he loves to work. People working in health care have a sense of calling and responsibility to their communities that inspires Huffstetler, who represents hospitals and health care providers in a variety of concerns. Huffstetler and his clients are watching the sea-change in health care financing with great interest. “When I started practicing health care law, the whole mechanism of the way health care was financed was very different,” he says. “If health reform works as promised, it would, theoretically at least, “ If health reform works as promised, it would, theoretically at least, reduce the necessity for providers to shift the cost of providing care of uninsured and underin- sured to the people in the community who do have the ability to pay for their care.” reduce the necessity for providers to shift the cost of providing care of uninsured and underinsured to the people in the community who do have the ability to pay for their care.” Over the course of his career, Huffstetler and his team have fought for accessible, quality care in at-risk communities. In the past 18 months, they prevented a health care facility from relocating away from a small rural community and, in a separate case, required a health care organization to develop quality care options in the low-income community it sought to leave. Huffstetler notes one of the unique effects of this area of law practice – that he and his team can drive through the state and see the impact of their work in the form of health care facilities they advocate to protect or develop. “Often, what we do as attorneys is not tangible. But when we are involved in a project-build or obtain approval for a facility in a community that needs it, and are able to drive by that facility in a few years with people employed and serving patients, knowing that we had a small part in making that happen gives us a small sense of

accomplishment,” he says. DONN YOUNG

CAROLINA LAW 21 highs the prevention of North Carolina’s largest insurer from becoming a for- profit entity; building a successful, funded child health insurance program in the state; and the passage of the [Affordable Care Act]. He lobbied locally, statewide and in Washington, D.C., for the act. But, he says, many of the gains in this arena are at risk in the current economic climate. “It’s not like we weren’t already paying for the care of the uninsured and underinsured. In fact, in North Carolina and just about every other state, people who don’t have health insurance still get care, but it’s in more expensive settings, like ERs. Now most people are going to have coverage and be asked to contribute to that coverage,” he points out. “The

DONN YOUNG states have huge responsibilities as to how national health reform will work. For example, millions of dollars in federal tax subsidies will help people buy health Adam Searing coverage, but only through a state organization that will assist CLASS OF 1994 individuals and small businesses in choosing understandable health PROJECT DIRECTOR, HEALTH ACCESS COALITION plans that are of value to them. The state will determine how NORTH CAROLINA JUSTICE CENTER well this works.” RALEIGH, N.C. In addition, Searing wonders whether the budgetary crises at the state level will imperil the delicate web of health care gains Communication at every level is crucial to correcting the wrongs that have been made. Searing has traveled North Carolina in his in the health care field, argues Adam Searing ’94, project director role as a coalition builder and health advocate and, in the process, for the North Carolina Health Access Coalition. has met hundreds of people whose stories of suffering without Searing traces his inspiration to his grandmother, who toured health insurance stick with him. her state in her 60s, educating women’s groups about AIDS after “They don’t have coverage or they don’t have an emergency, so the death of one of her daughters. “When you have someone they can’t get care,” he says. like my grandmother going around to the ladies in Fargo, North Their stories compel him to learn media advocacy skills so he Dakota, talking about what had happened to her daughter, she and his coalition members can accurately portray the importance was a real inspiration,” he recalls. The family tradition of advocacy of health care reform. Refining media relations is an unexpected stuck, and Searing finds himself building local and national twist after years of law school education. He often operates as coalitions to take on the tough issues involved in gaining access a media spokesperson, getting the word out about health care to affordable, quality care. In fact, he counts among his career reform and health struggles in the community.

22 SPRING-SUMMER 2011 PHOTO BY DONN YOUNG

Jane Perkins health reform will create many more questions for her team. CLASS OF 1981 “The [Affordable Care Act] is the most significant advancement in health care coverage in my lifetime. It’s daunting in that it LEGAL DIRECTOR needs to be implemented correctly and carefully at a time when NATIONAL HEALTH LAW PROGRAM states are facing incredible budget crises and are going to be CHAPEL HILL, N.C. looking for places to cut,” she says, citing the Medicaid program as an example. When Jane Perkins ’81, legal director of the National Health Medicaid, Perkins says, has been an innovator in terms of Law Program, contemplates her work, she thinks about foster providing services in home- and community-based settings. children who need access to quality health care, elderly men and “It would be a shame to see that get sidetracked through more women facing the loss of their home health care, and people with pennywise and pound-foolish decisions. So on one hand, in the disabilities panhandling outside pharmacies for the $10 co-pay for policy arena, we are working on implementation issues. On the their medications. And she thinks about the legal aid lawyers all other hand, our bread and butter work right now is helping around the country who turn to her team for insight and advice. people who are dealing with the cutback.” “Offices such as the National Health Law Program were born Ultimately, Perkins believes the Affordable Care Act will save out of the legal services movement. A small number of national money and create a more competitive environment in the support programs were created to help legal aid programs and business sector. organizations around the country when people walked through “It’s going to help people obtain and keep coverage, allowing the door with issues that couldn’t be immediately dealt with,” them the ability to check out the job market and not feel that they she explains. have to stick with a job purely to keep health insurance,” she says. Perkins enjoys getting in the trenches and slogging through the But at the same time, the politics surrounding the act are complexity of health care law, and she also spends time mentoring drawing fire. With nearly half of all states challenging the young lawyers in the field. She has taught health law classes at legislation, and conflicting rulings from judges to date, Perkins UNC School of Law and travels around the country providing observes that it’s a highly political process that will take some tutorials to lawyers. time to unwind. “We do a lot of training for legal aid programs, disability rights Meanwhile, she hails other aspects of the law as making much advocates and other organizations,” she says. needed improvements, such as the move toward electronic She anticipates that the coming changes in health law due to medical records.

CAROLINA LAW 23 Richard S. Saver ASSOCIATE PROFESSOR OF LAW, UNC SCHOOL OF LAW Given the potential for this research approach to shake up ADJUNCT ASSOCIATE PROFESSOR OF SOCIAL MEDICINE, UNC SCHOOL OF MEDICINE medical practice, Saver has found it interesting that it’s been somewhat of a sleeper issue in health care reform debate thus far. ADJUNCT ASSOCIATE PROFESSOR OF HEALTH POLICY AND MANAGEMENT, UNC GILLINGS SCHOOL Saver’s interests also extend to another facet of clinical research: OF PUBLIC HEALTH the question of what obligations are owed to study subjects once the clinical trial in which they participated is over. Health care reform includes unprecedented funding and new “Should study subjects have a right of access to the investiga- oversight for comparative effectiveness research (CER), a new tional technology after the trial is concluded? It’s a difficult issue, strategy that could change the way medicine is practiced, says and one that has generated recent litigation. There is every reason Richard S. Saver, associate professor of law at UNC School of to expect that post-trial access disputes will come up more often, Law, and adjunct associate professor of social medicine at the and I am trying to call attention to the need for thoughtful regula- UNC School of Medicine and health policy and management tory guidance,” he says. “Typically, law and policy have focused at the UNC Gillings School of Public Health. Saver has written heavily on the beginning stages of a clinical trial, when the an article about the topic, titled “Health Care Reform’s Wild research study gets approved and study subjects are recruited. But Card: The Uncertain Effectiveness of Comparative Effectiveness there has been far less attention paid to what happens to partici- Research,” which will be published in a forthcoming issue of the pants once the study is over. Post-trial access disputes raise thorny University of Pennsylvania Law Review. questions for health law and policy, and it will be interesting to see “The Affordable Care Act attempts to create a comprehensive, how the law evolves here.” national CER program,” he says. At its heart, CER compares Saver comes from a family of physicians and considered going medical treatments against each other to see which works best in to medical school himself. He says the interdisciplinary nature of realistic patient populations. “Behind the new push for CER is the health law remains attractive to him as a scholar, just as it did in concern that much conventional research asks ‘does this work?’ legal practice. whereas CER tries to answer the question clinicians, payers, and “My students are frequently reading not only cases and statutes, patients really want to know, “‘Is this better than that?’” but health policy and medical journals. A lot of the issues require The results of this kind of research could guide decisions about an appreciation for the larger medical context in addition to the which treatments to recommend and pay for – and which to stop underlying law,” he says. He and Joan Krause, professor of law, will covering. CER studies have already shown that newer treatments be co-teaching UNC’s first combined law and medicine class for are not always best, Saver says. Other investigations, he observes, law students and medical students in Spring 2012. have called into question long-standing practices, such as cardiac Saver and Krause are also co-editors of Health Law and Bioethics surgery with stents, which the research suggests may be no more Cases in Context (Aspen, 2009), which looks at the behind-the- effective, in certain cases, than less-invasive treatments that cost less. scenes context of 13 leading cases in health law. DONN YOUNG

24 SPRING-SUMMER 2011 DONN YOUNG Joan Krause PROFESSOR OF LAW, UNC SCHOOL OF LAW

ADJUNCT PROFESSOR OF SOCIAL MEDICINE, UNC SCHOOL OF MEDICINE cracking down on fraud and abuse. ADJUNCT PROFESSOR OF HEALTH POLICY AND “I started practicing during the Clinton administration. Even MANAGEMENT, UNC GILLINGS SCHOOL OF then, we had a long-recognized problem with health care fraud. PUBLIC HEALTH I’ve watched the various strategies to try to reduce health care fraud, and I’ve heard the promises of how much we’ll save and One of the best things about being a health law scholar is having how much will go toward health care reform,” she says. “But real the freedom to examine the implications of policy change for the change is hard to accomplish.” public good rather than advocating on behalf of a single client, The typical approach, Krause explains, is to “pay and chase” – says Joan Krause, a professor of law at UNC School of Law who payers reimburse claims, then discover problems, and then have to also serves as adjunct professor of social medicine at the UNC chase down the fraudulent providers. Krause agrees with others School of Medicine and adjunct professor of health policy and who argue that more scrutiny of both providers and claims on management at the UNC Gillings School of Public Health. It’s in the front end – perhaps similar to the real-time technology that that spirit that she tackles the difficult question of how to reduce credit card companies use to monitor transactions – would prevent fraud and abuse – a topic often in public debate these days. more fraud than simply threatening additional jail time for the few Krause’s journey into health law was circuitous. After college providers who are convicted after-the-fact. she found employment writing pharmaceutical training programs “One of the most interesting aspects of the [Affordable Care to explain background scientific and medical information to sales Act] is that, for the first time, we enacted legislation designed representatives. Because the manuals were often written while to extend the reach of data-sharing, close billing loopholes and medications were in the approval process before the U.S. Food and impose more up-front scrutiny,” she says. “A key aspect of that Drug Administration, Krause became intrigued by the question of is making sure the relevant government payers, investigators and why some drugs were approved and others were not. prosecutors are working with the same universe of data. “I wrote training materials for some drugs that are still on the “Sometimes you need to combine what a state Medicaid market, but others just did not make it onto the shelves,” she says. program knows with what Medicare knows with what the U.S. “I gradually became more interested in the approval process itself, Department of Veterans Affairs knows in order to understand that at which point law school became the logical option.” fraud is occurring. There are a lot of mundane tools that can help Krause remains interested in pharmaceutical policy, often us catch fraud before it happens,” she explains. framing her discussions of fraud in the pharmaceutical context. And while much of the health care reform legislation may be She has practiced in the field for more than 20 years, and under debate for years, she says, “I don’t see us backtracking on says she has watched with some bemusement as budget-wary the efforts we’ve made to go after health care fraud. I think those politicians make promises to fund health care reform by changes are here to stay.”

CAROLINA LAW 25 PHOTO BY BENJAMIN PORTER Ann Young was “the right thing to serve the needs of the community.” CLASS OF 1975 “The issues that [hospitals and health systems] face have changed over my 28 years of practice,” she observes, explaining that health VICE PRESIDENT AND GENERAL COUNSEL care practice is far more regulated now than in the past. She notes MISSION HEALTH SYSTEMS INC. that the passage of the Affordable Care Act could lead to increased ASHEVILLE, N.C.

Health care law is an excellent way for nonclinical professionals “ There will be less funding for health to help their communities, says Ann Young ’75, vice president care support and services and we’re and general counsel of Mission Health System Inc., based in going to have to find new ways to Asheville, N.C. provide quality care. Accountable care Young began her career as the sole in-house counsel in organizations have to provide local a hospital. She now has a team of five whose purview includes four solutions when faced with system-wide hospitals and a health system. One of Young’s career highlights came from an 18-month effort budget cuts.” to combine two acute care hospitals in Asheville. Her team made its case for an exception to anti-trust regulations with the U.S. conflict between regulatory bodies in an environment in which Department of Justice only to find out that, in order to combine health care providers have to do more with less. the two hospitals, they would have to change state law. They then “There will be less funding for health care support and services successfully approached the state legislature for a remedy, and and we’re going to have to find new ways to provide quality care,” ultimately obtained a certificate for the new hospital relationship. she says. “Accountable care organizations have to provide local It was a very difficult process, but one that she says, 13 years later, solutions when faced with system-wide budget cuts.”

26 SPRING-SUMMER 2011 Donor Profile

Scholarship Established to Advance Hate Crime Research

he Aaron Richard Golub Scholarship The commission monitors the activities of hate groups, hate was recently established to support crime and hate bias incidents in North Carolina and investigates Ta second-year law student interested alleged crimes against persons or property that are motivated, in in work on hate crimes. The recipient of substantial part, by some hatred of the victim because of his/her the scholarship will be selected by the law race, ethnicity, culture, national origin, religion, sex, sexual orienta- school each year and will receive a full-year, tion, or some other permanent characteristic. The commission full-tuition scholarship. During the summer also enforces the North Carolina State Fair Housing Act and is ROBERT CAMPELL ROBERT Joseph Polich following selection, the recipient will receive fully substantially equivalent with the Division of Fair Housing $3,000 to perform hate crime-related work within the U.S. Department of Housing and Urban Development. with the North Carolina Human Relations Commission or an The commission supports and works with 57 local autonomous organization of the recipient’s choice in New York. During the fall commissions throughout the state of North Carolina. In addi- or spring semester, the recipient will develop an independent study tion, it also serves as a clearinghouse to disseminate information with Richard Myers, associate dean for student affairs and associate concerning North Carolina’s employment law to citizens. professor of law, to advance legal research on hate crimes. Criteria for selection include strong undergraduate and law school academic achievement, demonstrated commitment to equality and justice, involvement in support of persons who have been targets of discrimination, and interest in the criminal justice system. This year’s recipient is second-year student Joseph “Joe” A. Polich. Polich has excelled academically in law school, earned the Student of the Year Pro Bono Publico award during his first year and has been involved in a number of student organizations. He has served as coordinator for Carolina Street Law, vice president of the Carolina Public Interest Lawyers Organization, legal observer chair of the National Lawyers Guild, treasurer of the American Constitution Society, and public service representative to the Student Bar Association. He has worked with the UNC Center on Poverty, Work and Opportunity, synthesizing social science research and constitutional ABOUT AARON RICHARD GOLUB argument in support of a civil right to counsel, and with the UNC Golub ’67 is a New York trial attorney who specializes in Center for Civil Rights conducting research about diversity-based entertainment and commercial litigation. He established busing issues and decisions made by the Wake County Board of his reputation through a series of cases against famous public Education. In addition, Polich has worked in community outreach figures, including Martin Scorsese, Brook Shields, Sharon for the Mayhew Program in Bristol, N.H. The program helps at-risk Stone, Donald Trump and Andy Warhol. BBC Two has 10- and 11-year-old boys from low-income, single-parent families produced documentaries about two cases he litigated: to learn new skills and participate in positive group experiences. Penthouse Films International, Ltd. v. Russell Films, Ltd. and Polich earned his master’s degree in social work from UNC in Hampton v. Guare (about the play “Six Degrees of Separation”). 2009 and his bachelor’s degree in psychology from UNC in 2004. Golub also worked for “The Morning Show” on CBS as a reporter for the Michael Skakel murder trial in New Canaan, Conn. ABOUT THE NORTH CAROLINA HUMAN Golub has been the subject of cover stories in New York RELATIONS COMMISSION Magazine and The Sunday Observer and has been featured The North Carolina Human Relations Commission provides on “60 Minutes” (Australia) and GBH (Germany). He has services and programs aimed at improving relationships among all published two books, including the legal thriller The Big Cut citizens of the state, while seeking to ensure equal opportunities and Feisengrad, Book One. in the areas of employment, housing, public accommodations, recreation, education, justice and governmental services.

CAROLINA LAW 27 CENTER NEWS DONN YOUNG

From left, Raymond C. Pierce, dean, North Carolina Central University School of Law; Jack Boger ’74, dean and Wade Edwards Distinguished Professor of Law, UNC School of Law; Julius Chambers, director, UNC Center for Civil Rights; john a. powell, executive director, Kirwan Institute for the Study of Race and Ethnicity at The Ohio State University; Judith Browne- Dianis, co-director, Advancement Project; James E. Ferguson, partner, Ferguson Stein Chambers Gresham & Sumter, P.A. Civil Rights Conference Honors Julius Chambers ’62

JULIUS L. CHAMBERS ’62, director of the UNC Center for Civil The closing plenary session issued a national call to harness Rights, has spent more than four decades working to realize the the momentum of the movement, master innovative strategies for potential of civil rights litigation and advocacy. National practitioners affecting change and strengthen the rising generation of social and experts gathered on Nov. 1 and 2 for a conference in his honor. justice leaders. Speakers in the closing session were Elaine Jones, “’The Unfinished Work’: Advancing New Strategies in the Struggle former director-counsel and president of the NAACP Legal Defense for Civil Rights,” co-convened by the UNC Center for Civil Rights and and Educational Fund; Bryan A. Stevenson, executive director of the numerous other organizations, addressed a variety of strategies to Equal Justice Initiative; and Lynn Huntley, president of the Southern support and enforce civil rights in the United States. Education Foundation. Despite the progress that has been made in recent decades, Julius Chambers served as the first African American editor-in- experts worry that high poverty and racially isolated communities chief of the North Carolina Law Review. In 1963, the NAACP Legal continue to contribute to reduced educational opportunities for Defense Fund selected Chambers as its first legal intern. In the children, unhealthy homes and neighborhoods, and limited career 47 years since then, Chambers has worked to ensure justice, opportunities. These in turn contribute to the social and political opportunity and prosperity for all Americans and their communities. exclusion of these communities and their residents for generations. On the evening of Nov. 1, a tribute reception honored Chambers and the late Ashley Osment, senior attorney at the center until her Speakers and conference attendees considered strategies for death in May 2010. meeting the potential of civil rights around: Co-conveners of the conference included the NAACP Legal • Applying the law Defense and Educational Fund; Ferguson Stein Chambers Gresham • Pursuing policy change & Sumter, P.A.; the North Carolina Central University School of Law; • Mobilizing well-informed grassroots activists Civil Rights Project/Proyecto Derechos Civiles at UCLA; the North • Encouraging the scholarly pursuit of public Carolina Justice Center; and the Cedar Grove Institute for Sustain- interest-oriented research able Communities.

Workshop topics for the two-day session included the role of new media in advocacy; demography and civil rights advocacy; Download free audio and video from social entrepreneurship; voting rights; economic issues; economic the conference at itunes.unc.edu. justice for families; education rights and issues related to criminal Scan this QR code with your iPhone justice and imprisonment. for instant access to iTunes U.

28 SPRING-SUMMER 2011 Banking Center Presents New York Lecture Series

THE CENTER FOR BANKING and Finance Sullivan & Cromwell LLP from 2000-2009 at UNC School of Law has received a gift and has served as its senior chairman since of $150,000 from The Clearing House January 2010. Association to support the center and “This gift provides us a tremendous to create a lecture series based in New opportunity to expand our reach into New York City featuring nationally prominent York, and into a network of leading bank- professionals in the banking and finance ing and finance professionals,” says Lissa industry. The purpose of the lecture Broome, director of the center. “We are series is to support substantive academic grateful for the opportunities it presents.” endeavors with a focus on banking and Established in 1853 and owned by 20 of finance law. the largest banks in the United States, The first lecture in the series was held The Clearing House is a leading private Feb. 10 at the Ritz-Carlton Battery Park sector provider of payments settlement and in New York. Attorney H. Rodgin Cohen, ’02 BOYD LAURA clearing services to financial institutions senior chairman and partner at Sullivan H. Rodgin Cohen serves as senior chairman and partner at worldwide. The Clearing House processes & Cromwell LLP, delivered the inaugural Sullivan & Cromwell LLP. nearly 66 million automated payments, wire lecture, which focused on pre-emption. transfer and image exchange transactions The event brought together school alumni, The Clearing House daily with an average value of nearly $2 trillion. board of advisors and senior leadership, national banking regula- The Clearing House Association, a not-for-profit arm of The tors, and prominent banking lawyers. Clearing House, has a distinguished history of serving as a forum Cohen’s practice focuses on acquisitions, corporate governance, for the collaborative development of legal, regulatory and and regulatory and securities law matters for major U.S. and industry solutions. international banking and other financial institutions and their trade Broome, also Wachovia Professor of Banking Law, will serve associations. Cohen has served as counsel and advisor to many on the Academic Advisory Council established by The Clearing of the preeminent firms on Wall Street, helping to steer the industry House Association. through the current global financial crisis. He was chairman of A second lecture will be scheduled in the fall.

Annual Poverty Center Conference Addresses Unemployment, Budget

THE UNC CENTER on Poverty, Work & Opportunity, led by former Dean be narrowed by fiscal decisions that place the greatest burdens on Gene Nichol, held its annual conference on March 28, 2011, at the the most vulnerable. These are, in short, emergency times for poor George Watts Hill Alumni Center. The conference, “A North Carolina and working people in North Carolina. Summit: Progress and Economic Justice in a Time of Crisis,” explored the dramatic challenges faced by low income North Carolinians and the crucial steps that must be taken to address them. For most of the last decade, poverty rose in North Carolina, even as the economy grew. In 2008, poverty rates soared. More than one in six Tar Heels now live in poverty. The numbers are worse for persons of color. And almost a quarter of North Carolina children are poor. Unemployment has rocked much of the state, leading to one of the highest rates of health care coverage loss in the nation. In addition, the past two years have seen dramatic reductions in social

services, further threatening the security, dignity and opportunity DONN YOUNG of poor and working families in North Carolina. Advocates for the Yuridia Lopez waits in line with her family for food assistance at the Recruiters underprivileged now face a massive state budget deficit that will likely For Christ food pantry in Dunn, N.C.

CAROLINA LAW 29 CLASS NOTES

1962 1973 JOHN KLAUMINZER MOLEN was named 2011 JAMES ALVIN MORGAN was inducted into NOEL LEE ALLEN was appointed to the board Birmingham “Lawyer of the the N.C. Bar Association’s General Practice of advisors for the LL.M. in international Year” in corporate- Hall of Fame and recognized as the N.C. business practice offered by the Center for governance and compliance Hospital Trustee of the Year by the N.C. State International Legal Studies in Salzburg, Austria, law by Best Lawyers. Hospital Association. and Lazarski University of Warsaw, Poland. John Molen 1963 1975 1979 FRANK MEBANE BELL JR., attorney at the THOMAS LEON STEWART, a partner of ROBERT E. ESLEECK, of Wall Esleeck Babcock law firm Bell, Davis & Pitt, was recognized in Waldrep Stewart & Kendrick of Birmingham, LLP in Winston-Salem, N.C., was selected by The Best Lawyers in America, Business North Ala., was selected for inclusion in the 2011 his peers for inclusion in the 2011 edition of Carolina and North Carolina Super Lawyers for edition of The Best Lawyers in America in the The Best Lawyers in America. 2011 in the area of real estate law. practice area of education law. ROBERT FLYNN ORR was named Tar Heel 1966 of the Week by The News & Observer of 1980 Raleigh, N.C. DONALD ALAN KIRKMAN was hired as DORIS ROACH BRAY was honored by the president of Florida’s Great Northwest, a Greensboro Bar Association as a recipient of 16-county regional economic development the Distinguished Service Award. 1976 organization. J. ANTHONY PENRY was named to the board 1967 of directors of the N.C. Global TransPark authority by the General Assembly. 1981 FRANKLIN EDWIN MARTIN, of Smith Moore ROBERT BRYAN NORRIS’ estate law team M. ANN ANDERSON participated in the Leatherwood, was selected by the N.C. Bar in the Charlotte, N.C., office of Wishart Norris American Bar Association’s 4th Annual Section Association to serve on the Access to Justice Henninger & Pittman has been listed in of Labor and Employment Law Conference in Leadership Council. first-tier rankings for law firms in 171 Chicago, Ill. She moderated a workshop on JOHN BURCHFIELD MCMILLAN was the metropolitan areas by U.S. News & World Report. “Successful Tips to Resolve the Litigated Case first recipient of the newly titled John B. in Mediation.” STEPHEN DOUGLAS POE was elected to a McMillan Distinguished Service Award by one-year term as president of the Reynolda HADA DEVARONA HAULSEE was named to the N.C. State Bar. Rotary Club in Winston-Salem, N.C. the board of directors of the University of North Carolina Law Alumni Association. NOAH H. HUFFSTETLER III was named as the 1968 2011 Raleigh Administrative Lawyer of the Year PENDER ROBERTS MCELROY was named by Best Lawyers. 1982 president of the Rotary Club of Charlotte, EMMETT BONEY HAYWOOD merged her law N.C., for 2010-2011. 1977 practice with Nicholls & Crampton, PA, in Raleigh, N.C. She joined the firm as a member BARBARA BRANDON WEYHER was named and now leads its eminent domain and land 1969 the 2010 recipient of the Gwenyth B. Davis condemnation law practice. SAMUEL OGBURN SOUTHERN received the Public Service Award by the N.C. Association Distinguished Sevice Award from the N.C. Bar of Women Attorneys. Association’s Health Law Section. RICHARD THELL BOYETTE received the Louis 1983 B. Potter Lifetime Professional Service Award. JAMES LEON CONNER II, 1972 of counsel in litigation to Ragsdale Liggett, has JOHN GENTRY CAUDILL joined the civil 1978 been inducted into the litigation and criminal defense practices at the R. MICHAEL LEONARD received the N.C. N.C. Academy of Superior Charlotte, N.C., law firm of Dozier, Miller, Award for Public Service based on his public Court Mediators. Pollard & Murphy. service activities focused on land conservation. James Conner

30 SPRING-SUMMER 2011 1984 1990 JOHN THURSTON O’NEAL has been elected as chair of the Consumer Areas of Practice ROBIN JAYNE STINSON, attorney at Bell, MICHAEL A. DEMAYO has been certified Section of the N.C. Advocates for Justice. Davis & Pitt, was recognized by The Best as a member of the Multi-Million Dollar MARTIN L. WHITE and his wife, Heather, Lawyers in America and North Carolina Super Advocates Forum. announce the birth of their fourth child, Lawyers for 2011 in family law. MICHAEL LYNN DRYE, of Wall Esleeck Cardin Thomas, on June 24, 2010. Marty Babcock LLP in Winston-Salem, N.C., was is a partner with Johnston, Allison & Hord 1985 selected by his peers for in Charlotte. inclusion in The Best STEPHEN W. PETERSEN was selected by ELIZABETH GREEN Lawyers in America 2011. LINDSEY has become a his peers as part of Business North Carolina’s RICHARD JAMES KING JR. Fellow of the American 2011 “Legal Elite.” joined the Health Care College of Trial Lawyers. Department of Stevens & THOMAS EUGENE Lee’s Wilmington, Del., 1997 TERRELL JR. wrote a office as a shareholder. Richard King Gene Audrey Jones Jr. was elected to the board chapter for the book of directors of the United Arts Council of Elizabeth Lindsey Navigating Municipal Raleigh and Wake County, N.C., and won Telecommunications 1992 the 2010 Triangle Movers & Shakers Award, Issues, titled “Municpal Regulation of LOUIS ALFRED TROSCH JR. was certified by presented by Business Leader Media. Telecommunication Infrastructure,” which the National Association of Counsel for covers state and federal regulation of cell Children as a child welfare specialist. towers and cellular antennas. 1998 MARK ANDERSON FINKELSTEIN was GARY WADE SMITH’S estate law team in the appointed to the board of directors of the 1994 Charlotte, N.C., office of Wishart Norris Wake County Bar Association and its closely JOSEPH JOHN KALO IV was selected to chair Henninger & Pittman has been listed in affiliated 10th Judicial District Bar. the Legislative Committee of the Real first-tier rankings for law firms in 171 Property Section for the N.C. Bar Association. metropolitan areas by U.S. News & World Report. 1987 MELISSA DEWEY BRUMBACK, a partner at Ragsdale Liggett PLLC of Raleigh, N.C., was SHARON LEE PARKER was honored 1995 appointed as vice chair of the 10th Judicial by N.C. Gov. Bev Perdue as a recipient of SARA LOUISE HALL was named chief legal District Grievance Committee after serving the Governor’s Medallion Award for officer for ALSAC, the fundraising organization on the committee for two years. Volunteer Service. of St. Jude Children’s Research Hospital. AMY HULSEY KINCAID has been certified by the N.C. State Bar Board of Legal Special- 1988 1996 ization as a specialist in estate planning and MARK ELDRIDGE ANDERSON, managing probate law. MATTHEW THEODORE MARTENS has been partner of the Raleigh, N.C., office of appointed chief litigation counsel of the SEC McGuireWoods, has become a fellow of the Division of Enforcement, where he will American College of Trial Lawyers. 1999 oversee the litigation program as conducted by RUSSELL DAVID BABB joined Tharrington KRISTINA SCHWARZ argued Jose Tolentino attorneys in the Washington, D.C., headquarters Smith LLP in Raleigh, N.C., as of counsel v. State of New York before the U.S. Supreme trial unit, and coordinate the activities of trial practicing criminal law. Court. attorneys across the enforcement program in 11 regional offices. EDWARD BILBRO DAVIS, attorney at Bell, Davis & Pitt of Winston-Salem, N.C., was 1989 JENNIFER SMITH ANDREWS was hired as senior vice president of First Bank’s legal named among the N.C. Rising Stars for 2011 THOMAS WALTERS HENSON JR. received the division LSA/Assets. in the area of business litigation in North N.C. Advocates for Justice’s Order of Service. Carolina Super Lawyers. LOUISE MARIE PAGLEN of Intelisure ANN ROBERTSON was elected chair of the in Cary, N.C., was appointed as an agent ANGELA CUMMINGS, Carolinas Chapter of the American Immigra- for Attorney Protective, a provider of a shareholder with Littler tion Lawyers Association. legal malpractice insurance for law firms Mendelson, P.C. in and attorneys. Charlotte, N.C., was named an American Bar Foundation Fellow. Angela Cummings

CAROLINA LAW 31 CLASS NOTES

2001 JENNIFER LYNN WILLISTON joined Womble 2009 Carlyle Sandridge & Rice as an associate in the PAUL ANDREW JENNY of the Chicago firm’s Washington, D.C., office. KRISTAN T. CHENG joined the Office of the office of Polsinelli Shugart PC was elected Comptroller of the Currency in New York, N.Y. ANGELA FARAG CRADDOCK was named a to shareholder status with the firm. shareholder at Young Moore and Henderson, A. COTTEN WRIGHT has been certified in P.A. in Raleigh, N.C. 2010 business bankruptcy law by the American Board of Certification. DAVID ALLEN LUZUM joined Nexsen Pruet in 2006 Greensboro, N.C., as an associate. ASHLEY MATLOCK PERKINSON was chosen to serve as president-elect of the Phi Beta ROBERT GOFF HARTMAN was named partner SALLY C. HOWARD joined Dutko Worldwide. Kappa Association of Wake County, N.C., and at Lee and Hayes PLLC’s Spokane, Wash., office. completed the Duke University Nonprofit Management Certificate Program. 2007 2002 ALLISON C. TOMBERLIN became a member of the Ethics and Grievance Committee for the RONALD SCOTT LOVELACE joined King & Forsyth County Bar Association and 21st Spalding’s finance practice in Charlotte, N.C., Judicial District Bar. Lee ’07 Publishes as a partner. EVELYN REBECCA BALLARD married John Debut Novel DAVID BRYANT BADDOUR became a member Means, a 2008 UNC business school graduate, of Womble Carlyle Sandridge & Rice in the on November 27, 2010. Save as Draft Corporate and Securities Practice Group in HANNAH RIVKAH DELUCA joined Polsinelli Research Triangle Park, N.C. Shugart in its Kansas City office as an associate CHRISTOPHER RAY KIGER joined Smith in the business department. Anderson’s firm partnership in Raleigh, N.C., SARAH ELIZABETH WATTS joined the focusing his practice on product liability, commercial finance team at Parker, Hudson, commerical litigation, contract disputes and Rainer & Dobbs in Atlanta, Ga. environmental health and safety matters. KATE MARIE BELL joined Kaminkow & BART A. NORMAN joined Smith Anderson’s Woods, P.A. of Baltimore, Md., as an associate. firm partnership in Raleigh, N.C., focusing his practice on banking and finance, capital JOCELYN ANNE FINA joined Womble Carlyle markets, commercial transactions and mergers Sandridge & Rice’s IP transaction team in the and acquisitions. Research Triangle Park, N.C., office. Natalie Cavanaugh Lee published 2003 2008 her first book, Save as Draft (Simon & Schuster, 2011). In this semi- JEFFREY MCCLAIN DAVIS was honored as an MELISSA LYNN PULLIAM was selected to autobiographical novel written Emerging Legal Leader by North Carolina serve on the N.C. Bar Association’s appellate exclusively through e-mails – sent Lawyers Weekly. rules committee. and unsent, text messages and ASHLEY HUFFSTETLER GIOVONNI DESIREE SEAWOOD joined social media updates, Lee offers CAMPBELL with Ragsdale Schwartz & Shaw in Raleigh, N.C., as an humorous, sometimes painful Liggett PLLC in Raleigh, associate. insight into the N.C., was appointed to KATHERINE JORDAN BROOKS joined career complexities the board of directors at services at the University of Alabama School of dating, StepUP Ministry. of Law. relationships and Ashley Campbell finding love in the BENJAMIN ANDREW MOUNT joined Nicholls Facebook era. 2004 & Crampton, PA, in Raleigh, N.C., where he CAROLINE VIRGINIA BARBEE was named to practices eminent domain and land condemna- the board of directors at Meals On Wheels of tion law. Cavanaugh Lee Wake County, N.C.

32 SPRING-SUMMER 2011 Parting Shots KATHERINE KERSHAW KATHERINE

Student Animal Legal Defense Fund members Elizabeth Overcash 2L and Theresa Viera 2L, with Sam, an 8-year- old shelter dog, help raise money for the Orange County Animal Shelter on Valentine’s Day. Overcash reports that Sam was adopted shortly after his visit to the law school. KATHERINE KERSHAW KATHERINE

Eight pro bono program students made the trip to Jackson, Miss., in May 2010 to collaborate with the Mississippi Center for Justice (MCJ). From left, Jabeen Ahmad 3L; Bonnie Allen, MCJ director of training and foundation development; Amelia Thompson 2L; Lauren Gebhard 3L; Lorelle Babwah 2L; Kandace Davis 1L; Stephanie Cantu 3L; Christine Judge Ken McCotter ’71 and grandson Thomas enjoy the McArthur 3L; Chanda Roby, MCJ staff attorney; Erika Jones 2L; Sylvia Novinsky, assistant dean for public service Carolina vs. Virginia Tech game. programs at UNC law. Catfish on Parade is a public art project in Belzoni, Miss. Pictured with the group is “D. Fin-der, Esquire,” sponsored by Garrard and Trotter law firm.

Caitlin Cullitan ’10 accepts the George Jay Joseph Award at the Education Law Association’s annual meeting in Vancouver, Canada, in November 2010. Cullitan’s article, selected out of 24 entries, argues that courts should apply strict standards when deciding whether to protect the privacy and minors and prevent personal information, such as their sexual orientation, from being disclosed to parents within the context of the minors’ education. The paper will appear in the Journal of Law and Education, which is published at the University of

TOM FULDNER TOM South Carolina Law Center. Hundreds gathered in December to celebrate Julius Chambers ’62, retiring director of the UNC Center for Civil Rights. The evening included a video from President Barack Obama commending Chambers for his tireless efforts to secure justice for all Americans. From left, Dean Jack Boger ’74, Chambers, Mass. Gov. Deval Patrick, and N.C. Gov. Bev Perdue. Patrick and Perdue delivered remarks at the gala.

CAROLINA LAW 33 Faculty Books

Kim Examines the Alfred L. Brophy, with Alberto School-to-Prison Pipeline Lopez and Kali N. Murray NYU Press, 2010. 240 pages. Integrating Spaces: Property Law ISBN-13: 9780814748435 and Race Aspen Publishers, 2010. 368 pages. Too many at-risk youth are being pushed out of classrooms and ISBN-13: 9780735569973 into the juvenile and criminal justice systems, argues Catherine Y. Kim, assistant professor of law at UNC School of Law. Kim and co-authors Daniel J. Losen and Damon T. Hewitt analyze legal theories and strategies that may be deployed to combat this troubling trend in their new book, The School-to-Prison Pipeline: Structuring Legal Reform (NYU Press, 2010). Kim and colleagues use the metaphor of the school-to-prison pipeline to illustrate the intersection of the education and criminal justice systems, disproportionately impacting children of color and student with disabilities with devastating consequences. The book analyzes various policies that create entry points into the pipeline, including the failure to provide adequate resources to K-12 public schools, zero-tolerance discipline policies, substandard disciplinary alternative education programs for at-risk students and the increasing criminalization of student misconduct. Taken together, these policies contribute to the creation of entire communities plagued by high rates of incarceration. Alfred L. Brophy, with co-editor Moreover, investing money and time to keep at-risk youth in school ultimately saves money; Daniel W. Hamilton it costs far less to provide a meaningful education for a child than to incarcerate him or her as an adult. At a time when states are confronted with increasingly tight budgets, investing Transformations in American money in education that ultimately reduces the costs of the state prison systems should seem Legal History, II – Law, Ideology, appealing, she says. and Methods: Essays in Honor of Kim and her colleagues use in-depth analyses of federal and state law and case studies of actual litigation to demonstrate that the law is a powerful Morton J. Horwitz tool to keep youth out of the school-to-prison pipeline and improve the Harvard University Press, 2011. 598 pages. life chances of these children and their communities. ISBN-13: 9780674053274 Kim, Losen and Hewitt each have significant expertise in civil rights law and juvenile justice. Prior to joining the UNC School of Law Carol N. Brown, with

faculty, Kim served as an attorney with the Racial Justice Program of the CAMPELL ROBERT David S. Hill American Civil Liberties Union Foundation, National Legal Department. Catherine Kim Landlord and Tenant Law: In A Nutshell (5th Edition) Holning Lau, with co-editor West, 2011. 350 pages. Po Jen Yap ISBN-13: 9780314225931

Public Interest Litigation in Asia Thomas Lee Hazen Routledge, 2010. 170 pages. ISBN-13: 9780415577816 Broker-Dealer Regulation in a Nutshell (2nd Edition) This edited volume is a timely contribution to the growing discourse West, 2011. 317 pages. on public law in Asia. Surveying many important jurisdictions in Asia ISBN-13: 9780314189578 including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments in the field of public interest litigation. The book offers a comparative perspective on public law, Thomas Lee Hazen asking questions about the role of the state and how private citizens around Securities Regulation Asia have increasingly used the law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book American Bar Association, 2011. ISBN-13: 9781616320973 includes a helpful introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced legal developments that cut across

Asian jurisdictions as well as developments that are unique to each of CAMPELL ROBERT the jurisdictions studied. Holning Lau

34 SPRING-SUMMER 2011 Staff Profile

Casebooks Michael J. States,

Lissa L. Broome, with J.D. Jerry W. Markham Regulation of Bank Financial Service Activities: Cases and

Materials (4th Edition) EXUM STEVE West, 2011. 1083 pages. ISBN-13: 9780314266088 POSITION: Assistant Dean for The opportunity to see students who Admissions are at the beginning of their journey Lissa L. Broome, with HOMETOWN: St. Louis, Missouri through law school or at the beginning Jerry W. Markham of their journey as attorneys is incredibly EDUCATION: Bachelor’s degree from satisfying. I truly feel like I have the Regulation of Bank Financial The University of Kansas; J.D. from St. chance to positively impact the lives Service Activities: Selected Statutes Louis University School of Law. of others. and Regulations (4th Edition) PROFESSIONAL WHAT WAS YOUR FIRST JOB? ORGANIZATIONS: I am currently on West, 2011. 782 pages. My first real job was handling automobile ISBN-13: 9780314268525 the Finance and Legal Affairs Committee claims at State Farm Insurance. of the Law School Admission Council, I serve as a consultant for the Council on HOW DO YOU LIKE TO SPEND Lissa L. Broome, with Legal Education Opportunity, and I am a YOUR FREE TIME? I like to spend Jerry W. Markham member of the Southern Association of my free time playing golf, although I Teacher’s Manual to Regulation of Pre-Law Advisers and the Northeastern don’t play nearly as much as I would like. Association of Pre-Law Advisors. During football season, football consumes Bank Financial Service Activities: all of my free time. I also enjoy traveling Cases and Materials (4th Edition) HOW LONG HAVE YOU WORKED and reading. AT THE LAW SCHOOL? Since West, 2011. August 2004. WHAT ARE YOU READING? Right ISBN-13: 9780314266163 now I’m reading law school applications! WHAT DO YOU LIKE BEST I have several books that I’ve purchased Carol Brown, with Daniel R. ABOUT WORKING IN but have yet to read, including Outliers by Mandelker, Peter W. Salsich Jr., ADMISSIONS? I enjoy meeting Malcolm Gladwell, Deliver Us from Evil by Nancy E. Stroud, Stuart Meck, people who aspire to become members David Baldacci, and I Drink for a Reason Dwight H. Merriam, Julie A. of the legal profession, particularly those by David Cross. Tappendorf who will be the first in their family to graduate from college. My two favorite WHAT’S YOUR FAVORITE Planning and Control of Land days of the academic year are the first MOVIE? It’s a tie between Gladiator and Development: Cases and Materials day of orientation and graduation. Pulp Fiction. (8th Edition) LexisNexis, 2011. ISBN-13: 9781422481639

Charles E. Daye, with James A. Kushner, Charles E. Daye, Peter W. Salsich Jr., Henry W. McGee, Jr., W. Dennis Keating, Barbara L. Bezdek, Otto J. Hetzel, Daniel R. Mandelker and Robert M. Washburn Housing and Community Development: Cases and Materials (4th Edition) Carolina Academic Press, 2011. 896 pages.

ISBN-13: 9781594608339 COOPER LORI

CAROLINA LAW 35 Voices

Letters from the Archives: A Story of Murder and Redemption

BY PATRICIA L. BRYAN

ROBERT CAMPELL ROBERT Professor of Law

lthough I’ve spent much of my career thinking about offspring who would inherit his criminal tendencies. His supporters tax law, I also teach a course that has nothing to do with the were fervent in his defense, explaining his acts by the sad circum- AInternal Revenue Code. My Law and Literature seminar stances of his upbringing, and claiming that his transformation justified has allowed me to explore ways in which the humanities can add to the promise of education and reform. legal education, encouraging the emotional engagement and moral The debate lasted for days, and the final votes were dramatic and development of our students. Over the last decade, that seminar has close. In the end, a bare majority favored parole. In April 1902, also profoundly affected the direction of my scholarship. after more than 12 years behind bars, Wesley Elkins, 24 years old, left In 2005, I published Midnight Assassin: A Murder in America’s the penitentiary. Heartland, co-authored with Thomas Wolf. The book tells the true As a condition of parole, Elkins was required to write to the story of Margaret Hossack, an Iowa farmwife convicted of killing governor of Iowa each month for 10 years: 120 letters in all. Over her abusive husband in 1900. Students in my seminar discover that the span of a decade, this correspondence reveals the maturation of Hossack, who always claimed she was innocent, was the real-life a young man in the early 20th century, finding his way in the world model for Minnie Wright, the central character in Susan Glaspell’s after growing up in prison. When I started my investigation, these classic short story “A Jury of Her Peers.” letters had been sealed in the archives of the State Historical Society During my research for Midnight Assassin, I visited Anamosa of Iowa for nearly a century, along with numerous other documents, State Penitentiary in Iowa, where I was introduced to the story of including legal transcripts, affidavits, and memoranda. I’m fortunate to “Over the span of a decade, this correspondence reveals the maturation of a young man in the early 20th century, finding his way in the world after growing up in prison.” Wesley Elkins, known as “the boy murderer.” On a hot July night be the first person granted access to these valuable materials. in 1889, 11-year-old Elkins shot his sleeping father and beat his After his release, Elkins attended college preparatory classes in Iowa stepmother to death with a wooden club. The boy, who was small and then moved to St. Paul, Minn., and worked for the Northern and quiet, confessed a few days after the killings, and the community Pacific Railroad. Although he worried that people would hear about condemned him as a fiend, whose childlike appearance masked an his past, he created a quiet and stable life, staying in touch with Iowa evil nature. Although precedent supported a defense based on his age, friends and locating distant family members. Eventually he purchased the appointed lawyer advised the boy to plead guilty to first-degree a house, and supported several relatives who lived with him. In 1912, murder, and a judge sentenced him to life in prison. the governor of Iowa—without fanfare or press release—notified When I first heard this story, I was immersed in the research and Elkins that he had signed the papers granting him an official and writing of Midnight Assassin, but the narrative intrigued me, especially unconditional pardon. when I found out that Elkins spent years fighting for his release, and Census records showed me that Elkins moved west around 1920, was eventually pardoned. After the publication of Midnight Assassin, settling near San Bernardino, Calif. He married, and the couple stayed I began to dig more deeply into the case. together for 37 years. They never had children; Elkins worked as a I discovered that Elkins had come under the guidance of progressive poultry farmer, and his wife as a stenographer. She died in 1959, and wardens at Anamosa who believed in rehabilitation, rather than punish- Elkins lived two more years, succumbing to heart disease at the age ment, as the primary goal of incarceration. They viewed Elkins as a of 81. A short obituary noted that he had resided in the area for years, victim of parental neglect and abuse: a child in the early stages of moral but, as he would have wished, said nothing about his early life: the acts development. Recognizing his intelligence and eagerness to learn, they he had committed as a child, his years in prison, or the public debate encouraged his education, and, when he was 18, they endorsed his ending with his freedom. application for parole. Citing legal precedent and appealing for mercy, I’m now writing a nonfiction book about Wesley Elkins, again Elkins wrote eloquent letters that were widely published, and he won working with my husband, Thomas Wolf, as co-author. Based entirely the support of politicians and social reformers, including a college on primary sources, The Plea will tell the story of the “boy murderer” professor who agreed to supervise Elkins if he were freed. and the controversy over his fate, raising issues that should resonate Six years later, in 1902, the case finally went to the floor of the with contemporary readers, as well as exploring the social culture, legislature, as required by state law. Opponents spoke passionately ideologies and politics of the times. The Plea will be published by the against Elkins’s release, warning that he would kill again and produce University of Iowa Press in the summer of 2013.

36 SPRING-SUMMER 2011 On iTunes U Download free audio and video from events at itunes.unc.edu itunes.unc.edu. Scan this QR code with your iPhone for instant access to iTunes U.

UNC School of Law distributes a variety of recorded events through iTunes U. There are currently more than 30 tracks available, and new files are added on a regular basis. The files are available for download to laptop, computer, iPhone, iPod and MP3 player – all at no charge, although you must have QuickTime and iTunes software on your computer to view or listen to the offerings.

Law and Pluralism in Asia: Poverty and Economic Justice cleaner sources of energy that can create new jobs and world-class industries, clean Exploring Dynamics of Reflection, Scholarship the environment and protect the climate, Reinforcement, and Resistance This program highlights recent powerful improve standards of living and enhance global security. Swiftly changing economic forces are work in economic justice. Professors Max altering the demographic makeup of Eichner, Melissa Jacoby and Deborah Adaptation and Resiliency in Weissman discuss their research and Asian countries, forcing local and national Legal Systems laws to accommodate a more diverse activism projects - as academics, lawyers population and workforce. These changes and citizens - in the context of broader The North Carolina Law Review hosts a are discussed and analyzed at the N.C. claims of economic justice. symposium to examine critical issues such Journal of International Law and Commercial German Ambassador as how legal regimes respond to uncertainty Regulation conference. Madhavi Sunder, and dynamism in the regions they seek 2006 Carnegie Scholar and professor of law Klaus Scharioth to affect. at the University of California-Davis School Klaus Scharioth, the ambassador to the Murphy Lecture: Gregory F. Taylor of Law, gives the keynote address. Sunder, United States from the Federal Republic of an intellectual property lawyer, focuses her Germany. His presentation “Transatlantic Greg Taylor was exonerated in February 2010 work on understanding how long-held cultural Relations for the Next Decade and the by the N.C. Innocence Inquiry Commission doctrines may prevent the change necessary Transatlantic Climate Bridge” addresses in Raleigh. The unanimous decision freed for cultures to achieve modernity. contemporary issues in international law and him from prison nearly 17 years after he was policy, including the Transatlantic Climate wrongfully convicted of murder. He is the first Bridge, a joint commitment by Germany person in the state’s history to be exonerated and the United States to invest in newer, by the commission.

ENDOWED SCHOLARSHIPS Make a Gift that Will Make a Difference for Generations of Law Students

This year, more than half of Carolina Law students are benefitting from need- or merit-based support – and your gift of a minimum of $25,000 can establish a permanent scholarship that will help future generations succeed at Carolina Law. Consider the difference your gift will make:

A NEED-BASED SCHOLARSHIP A MERIT SCHOLARSHIP A CHANCELLORS’ SCHOLARSHIP can be endowed with can be endowed with can be endowed with $350,000 for $25,000 or more. $100,000 or more. in-state students and $650,000 for out-of-state students.

“ Law school is a rewarding yet challenging experience, and it is a blessing to know that I can pursue my education without having to worry about accruing massive debt. Moreover, this scholarship will lighten my financial burden upon graduation so that, rather than choosing a position solely on its ability to help pay the bills, I can focus on my dream of working in

ROBERT CAMPELL ROBERT public interest law.” ­— Erika Nicole Jones, Class of 2012, Franklin T. Dupree Sr. and Jr. Memorial Scholarship

CAROLINA LAW 37 Non-profit CAROLINA LAW Organization U.S. Postage Van Hecke-Wettach Hall PAID 160 Ridge Road, CB # 3380 PERMIT # 177 Chapel Hill, N.C. Chapel Hill, NC 27599-3380 www.law.unc.edu twitter.com/unc_law

Alumni, update your contact info at www.law.unc.edu/alumni.

SAVE THE DATES!

APRIL 15 William Horn Battle Dinner APRIL 28 Asheville Alumni CLE Program and Luncheon MAY 12 D.C. Regional Alumni Gathering MAY 18 New York Regional Alumni Gathering MAY 24 Triad Regional Alumni Gathering MAY 25 Durham and Orange County Alumni Gathering JUNE 7 Atlanta Alumni Gathering JUNE 9 Charlotte Alumni Gathering OCTOBER 13-15 LAW ALUMNI WEEKEND Exciting new events, including a golf tournament. www.law.unc.edu/alumni/weekend

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