2018-2019 PRESIDENT JEFFREY S. LEON, LSM AND HIS WIFE, CAROL BEST, CALL TWO PLACES HOME – TORONTO, ONTARIO AND SCOTTSDALE, ARIZONA. ISSUE 88 | FALL | 2018 ISSUE 88 | FALL American College of Trial Lawyers JOURNAL CONTENTS Chancellor-Founder Hon. Emil Gumpert FEATURES (1895-1982) 23711 OFFICERS Letter from the Editor President’s Perspective Profile: 2018-2019 President Missouri Fellow Samuel H. Franklin President Jeffrey S. Leon, LSM Rights The Wrongs Jeffrey S. Leon, LSM President-Elect Douglas R. Young Treasurer Rodney Acker Secretary 15 17 21 27 Bartholomew J. Dalton Immediate Past President Book Review: A The Thalidomide Saga Justice Jackson & the Fellows Share War BOARD OF REGENTS “Practical Treatise” in Canada Nuremberg Trials Stories RODNEY ACKER THOMAS M. HAYES, III Dallas, Texas Monroe, Louisiana 29 45 RITCHIE E. BERGER PAUL J. HICKEY Fellows’ Other Lives Tribute to Past Burlington, Vermont Cheyenne, Wyoming President Jimmy Morris SUSAN S. BREWER JEFFREY S. LEON, LSM Morgantown, West Virginia Toronto, Ontario BARTHOLOMEW J. DALTON MARTIN F. MURPHY Wilmington, Delaware Boston, Massachusetts JOHN A. DAY WILLIAM J. MURPHY COLLEGE MEETINGS Brentwood, Tennessee Baltimore, Maryland RICHARD H. DEANE, JR. DANIEL E. REIDY 31 35 37 40 Atlanta, Georgia Chicago, Illinois Region 6 Meeting Region 13 Meeting Region 12 Meeting Texas Fellows MONA T. DUCKETT, Q.C. STEPHEN G. SCHWARZ Recap Recap Recap Annual Luncheon Edmonton, Alberta Rochester, New York KATHLEEN FLYNN PETERSON ROBERT K. WARFORD Minneapolis, Minnesota San Bernardino, California SAMUEL H. FRANKLIN ROBERT E. WELSH, JR. Birmingham, Alabama Philadelphia, Pennsylvania SUSAN J. HARRIMAN DOUGLAS R. YOUNG San Francisco, California San Francisco, California FELLOWS IN ACTION EDITORIAL BOARD Stephen M. Grant (Editor) Toronto, Ontario 41 Elizabeth K. Ainslie Philadelphia, Pennsylvania Committee Updates Lisa G. Arrowood Boston, Massachusetts Carol Elder Bruce Washington, District of Columbia Robert L. Byman Chicago, Illinois Brian J. Gover Toronto, Ontario Christina M. Habas Denver, Colorado David G. Hanrahan Boston, Massachusetts Lynne D. Kassie, Ad. E. Montréal, Québec David N. Kitner Dallas, Texas Kevin J. Kuhn Denver, Colorado ANNOUNCEMENTS Carey E. Matovich Billings, Montana Lorna S. McClusky Memphis, Tennessee 40 73 Clarence L. Pozza Detroit, Michigan Save the Date 2019 Celebrate Your J. Walt Sinclair Boise, Idaho Spring Meeting Fellowship Dennis R. Suplee Philadelphia, Pennsylvania Chilton Davis Varner Atlanta, Georgia Sylvia H. Walbolt Tampa, Florida E. Osborne Ayscue, Jr. (Editor Emeritus) Charlotte, North Carolina Bartholomew J. Dalton (Regent Liaison) Wilmington, Delaware MANAGING EDITOR Eliza Gano, MA IN EVERY ISSUE ASSOCIATE EDITOR Amy Mrugalski 14 40 53 74 For comments, inquiries, and submissions, Awards & Honors Fellows to the Bench In Memoriam Calendar please email the National Office at [email protected] Liz Doten Design Director Ben Majors Photographer, EventWorks Dennis J. Maggi, CAE, Executive Director American College of Trial Lawyers 1300 Dove Street, Suite 150 Newport Beach, California 92660 949.752.1801 www.actl.com Copyright1 ©2018JOURNAL AS ONE OF ITS FUNDAMENTAL TENETS, THE COLLEGE EMBRACES THE RULE OF LAW–THE PLEASE SEND CONTRIBUTIONS OR CAPITAL LETTERS ADD MAJESTY TO AN ALREADY MAJESTIC CONCEPT—AS AN AVENUE SUGGESTIONS TO [email protected] OF INDEPENDENT AND IMPARTIAL ADJUDICATION OF LEGAL DISPUTES. While the Rule of Law has certain interpre- From Abraham Lincoln: “…Let every lover fact, evidence, proof—but its method is the tive elasticity, it encompasses all forms of of liberty, every well-wisher to his posterity, opposite of scientific method; the experi- rights and obligations under an umbrella of swear by the blood of the revolution never ment is always fixed.” (The Crime of Sheila equality and protection for all people, irre- to violate in the least particular the laws of McGough, 2000) spective of race, gender, etc. There seems to the country, and never to tolerate their vio- me to be not only a macro level of the Rule, lation by others.” (“The Perpetuation of Our Napoleon Bonaparte: “Rule constitutionally. more politically related, addressing demo- Political Institutions,” January 27, 1838) Even if reason and the enlightenment of the cratic values, the right to vote and the like, age were not sufficient cause, it would be Joseph de Maistre: “There is then in the but also a micro level, focusing as the Col- good policy for one in your position; and temporal sphere a divine and visible law for lege does on a justice system that embraces you will find that the backing of public the punishment of crime. This law, as stable concepts such as judicial and prosecutorial opinion gives you a great natural advantage as the society it upholds, has been executed independence along with the presumption over the absolute kings who are your neigh- of innocence and so on. invariably since the beginning of time. Evil exists on the earth and acts constantly, and bors.” (Letter to Jérôme Bonaparte, 1807) As to the former, it’s a fair observation that by a necessary consequence, it must be con- Finally, from Erica Benner: “…laws can rule democracy has a certain fragility as “the law stantly repressed by punishment.” (“The if we equip them to—but not by them- itself, the Constitution, and the Supreme Soirees of St. Petersburg,” 1821; de Maistre Court can only uphold a small portion of also said, “a democracy gets the government selves. Even the kingliest laws need con- our democracy. The rest is supported by in- it deserves” but I leave that for another day.) stant support from citizens who understand dividuals who operate within the traditions their human origins and all-too-human of their jobs” like the Attorney-General, the Frederick Douglass: “Law is in its nature vulnerability.” (“The Daimons’ Wisdom,” FBI Director and others. (Roiphe, “Can the opposed to wrong and must everywhere be Lapham’s Quarterly, Spring 2018) Rule of Law…”, NYR Daily, June 1, 2018) presumed in favor of the right. The pound of flesh, but not one drop of blood, is a sound ****************************** As to the latter, we face systemic issues such rule of legal interpretation. But there is an- as the cost of litigation to the ‘vanishing trial.’ other rule of law as well as of common sense, The N’awlins meeting looks chock-a-block which requires us to look to the ends for with fascinating topics and diverse speak- In the spring of this year, Lapham’s Quarterly which a law is made, and to construe its de- ers. What could be better than a bourbon devoted an entire issue to the Rule of Law tails in harmony with the ends sought.” (Ad- on Bourbon Street with other Fellows at the and, as it happens, nothing could be more dress on the Dred Scott decision made to the end of September? apt in this age where rules-based values American Abolition Society, May 14, 1857.) seem to be hanging by a very thin thread. Especially as this is our “stand-alone” issue, As trial lawyers, we serve the Rule of Law as Janet Malcolm: “Truth is a nuisance in trial I remind Fellows that at the Journal, we con- a mainstay of our calling. For further reflec- work. The truth is messy, incoherent, aim- sider all submissions for publication, if they tion, I offer a few thoughts, some cynical, on less, boring, absurd. The truth does not are timely and topical. this heady topic by some great thinkers and make a good story; that’s why we have art… writers of the ages. Trial law shares a vocabulary with science— Stephen Grant FALL 2018 JOURNAL 2 PRESIDENT’S PERSPECTIVE S THE COLLEGE YEAR WINDS DOWN AND WE APPROACH THE UPCOMING, EXCITING ANNUAL MEETING IN NEW ORLEANS, I WILL, WITH YOUR INDULGENCE, REFLECT AA LITTLE ABOUT WHAT THIS YEAR HAS BEEN LIKE FOR BETTY AND ME. In short, this has been an incredible experience, and we greatly appreciate the privilege and honor to have served as President and First Lady. By the time we arrive in New Orleans, I will have covered over 50 events around the United States and Canada, and Betty joined me on almost all of them. These events have included our Chairs’ Workshops (in the future we will have a single, combined session to reduce expenses), final rounds in the moot and trial compe- titions we support in both countries, Regional Meetings, and state or province events at which the number of attendees ranged from quite large to rather small. Everywhere we have traveled, we have been welcomed with enthusiasm and warmth, making many new friends that we will enjoy in the years to come. 3 JOURNAL It would be impossible to name a favorite membership and decreasing annual revenues, QUIPS & QUOTES event or place we have visited, but one thing which has resulted in three years of significant “ ” that does stand out is the beautiful Center for operational losses. ALL HUMAN Human Rights located in Winnipeg Manitoba. We do not take our success and good fortune BEINGS ARE I was fortunate enough to have time during the for granted, and must continue to conduct all BORN FREE AND day of my visit to tour this most impressive fa- our affairs in a manner such that all Fellows, EQUAL IN DIGNITY cility, whose theme throughout the various gal- new and old, desire and seek active engage- leries is: “All human beings are born free and ment in the College at some level. We recog- AND RIGHTS equal in dignity and rights.” If you should ever nize that our annual dues are substantial and be in the Winnipeg area, I highly recommend we strive to deliver value to our Fellows. In ad- The over-arching even a short visit to this museum. dition to all of the ongoing work done by State, theme of the Center Province and General Committees, during this for Human Rights in I am happy to report that the College is healthy year we have commenced a number of signifi- Winnipeg Manitoba.