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ACTL Journal 92 Spring 2020

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ACTL Journal 92 Spring 2020 A blessing from a First Nations Elder of the Coast Salish Peoples opened the General Session at the 2019 Annual Meeting in Vancouver. 2020 | SPRING | Vancouver ISSUE 92 American College of Trial Lawyers JOURNAL Chancellor-Founder Hon. Emil Gumpert FEATURES contents (1895-1982) OFFICERS 2 5 77 85 DOUGLAS R. YOUNG President Letter from the Editor President’s Perspective Never a Bad Seat – History of Griffin Bell RODNEY ACKER President-Elect Heroes Among Us Award for Courageous Advocacy Award MICHAEL L. O’DONNELL Treasurer SUSAN J. HARRIMAN Secretary JEFFREY S. LEON, LSM Immediate Past President BOARD OF REGENTS COLLEGE MEETINGS RODNEY ACKER PAUL J. HICKEY Dallas, Texas Cheyenne, Wyoming 9 13 17 23 PETER AKMAJIAN LARRY H. KRANTZ 2019 Annual Meeting British Columbia A Conversation with Scholar Discusses 50 Tucson, Arizona New York, New York Vancouver – Photo Recap Lieutenant Governor Author Jon Krakauer Shades of Green SUSAN S. BREWER JEFFREY S. LEON, LSM Welcomes ACTL Morgantown, West Virginia Toronto, Ontario JOE R. CALDWELL, JR. MARTIN F. MURPHY Washington, D.C. Boston, Massachusetts 27 31 35 39 JOHN A. DAY MICHAEL L. O’DONNELL CEO’s Perspective on Pro Bono Students Reconciling Differences Cyberattacks, Russia, Brentwood, Tennessee Denver, Colorado Empathy, Theatre & Law Canada – 2019 Emil Between Canadians & and the Justice System RICHARD H. DEANE, JR. LYN P. PRUITT Gumpert Award Recipient Indigenous Peoples Atlanta, Georgia Little Rock, Arkansas MONA T. DUCKETT, Q.C. DANIEL E. REIDY Edmonton, Alberta Chicago, Illinois GREGORY M. LEDERER MICHAEL J. SHEPARD 45 49 53 57 Cedar Rapids, Iowa San Francisco, California Inaugural Beverley A Plea For Common The Human Process of Expanding the Envelope: SANDRA A. FORBES ROBERT E. WELSH, JR. McLachlin Access to Sense in Government Good Judgment Virgin Galactic’s Toronto, Ontario Philadelphia, Pennsylvania Justice Award SpaceShip Two Program SUSAN J. HARRIMAN DOUGLAS R. YOUNG San Francisco, California San Francisco, California EDITORIAL BOARD 63 65 67 83 Robert L. Byman (Editor) Chicago, Illinois Inductee Luncheon 69 New36 Fellows Inducted Meet Our38 New Inductees College41 Elects Elizabeth K. Ainslie Philadelphia, Pennsylvania Remarks: Past President Region 13 Meeting Region 12 Northeast TexasNew Fellows Leaders Annual Lisa G. Arrowood Boston, Massachusetts Fran Wikstrom Recap Regional Meeting Recap Luncheon Carol Elder Bruce Washington, District of Columbia Brian J. Gover Toronto, Ontario Christina M. Habas Denver, Colorado David G. Hanrahan Boston, Massachusetts 105 Region 5: Regional Lynne D. Kassie, Ad. E. Montréal, Québec Meeting Recap David N. Kitner Dallas, Texas Kevin J. Kuhn Denver, Colorado Carey E. Matovich Billings, Montana Lorna S. McClusky Memphis, Tennessee Clarence L. Pozza Detroit, Michigan FELLOWS IN ACTION Stephen G. Schwarz Rochester, New York J. Walt Sinclair Boise, Idaho Dennis R. Suplee Philadelphia, Pennsylvania 95 100 103 Mark C. Surprenant New Orleans, Louisiana Update: Access To Justice Foundation Update: Committee Updates Distinguished Pro Bono Step Up To Justice Chilton Davis Varner Atlanta, Georgia Fellows Program David J. Wachowich, Q.C. Calgary, Alberta Sylvia H. Walbolt Tampa, Florida E. Osborne Ayscue, Jr. (Editor Emeritus) Chapel Hill, North Carolina Jeffrey S. Leon, LSM (Regent Liaison) Toronto, Ontario ANNOUNCEMENTS MANAGING EDITOR Eliza Gano, MA ASSOCIATE EDITOR 4 12 44 76 Amy Mrugalski, CAE 2020 Spring Meeting Errata 2020 Annual Meeting – Celebrate Your Fellowship in Tucson Washington, D.C. For comments, inquiries, and submissions, please email the National Office at [email protected] Liz Doten Design Director Ben Majors Photographer, EventWorks Dennis J. Maggi, CAE, Executive Director IN EVERY ISSUE American College of Trial Lawyers 1300 Dove Street, Suite 150 Newport Beach, California 92660 12 16 107 130 Fellows to the Bench Awards & Honors In Memoriam Calendar 949.752.1801 www.actl.com Copyright1 ©2020JOURNAL PLEASE SEND CONTRIBUTIONS OR SUGGESTIONS TO [email protected] The American College of Trial Lawyers was founded in 1950, with personal invitations to twenty prominent California trial lawyers. By 1953, the College had grown to about 300 members from twenty-seven different states. At the Annual Meeting that year in New York (that’s my partner, Bert Jenner, in the far lower left corner, who would become President in 1958), roughly 230 – 80% of all Fellows – attended. Now, look at the photo to the right. No dark liquids; only martinis. No dark faces; only old white men. No feminine faces; right, as I said, only old white men. We have far to go, but we are a far better and more diverse group now. But what we did have going then was that we were a small group who active- ly participated, who were personally acquainted with what the College was doing. As we grew in size, the percent- age of Fellows who actually attended meetings decreased in inverse order. And as a way to keep Fellows who were unable to attend meetings informed, the College began to publish the Bul- letin. The first issue of theBulletin was published in 1984. By Issue 10, published in Autumn 1988 (when my partner Phil Tone was President), the Bulletin provided a whopping eight pages of information with all of the produc- tion value of a small-town church newsletter run off on the basement mimeograph machine. The Bulletin was created by volunteers who saw no need to designate any- one as “Editor,” since there was precious little editing involved. The Bulletin’s first formal editor was not himself a Fellow; after having writtenSages of Their Craft, chronicling the first fifty years of the College, Marion Ellis assumed the role in 2001, under the general supervision of the Communications Committee, chaired by Past President Ozzie Ayscue. At some point, the Bulletin began to take note of departed Fellows – by simply announcing the fact of a Fellow’s death, and, for dignitaries such as departed Re- gents or ABA officers, a tease of detail. For instance, Issue 45, published in 2003 (all Issue 10 SPRING 2020 JOURNAL 2 twenty-four pages of it), contained a naked an- nouncement of the passing of seven Fellows and deemed two of them remarkable enough to add a single additional sentence; the entire “In Me- moriam” section in that issue consumed about a quarter of a page. But Ozzie rightly felt that our departed deserve better send-offs. Issue 68, published in Winter Issue 45 2012, is a good example. By then, Ozzie and Mar- ion had turned the Bulletin into a hundred-page or so glossy, professional-looking publication; and Ozzie devoted twelve pages to genuine obits of each passed Fellow. With Issue 70, published at the end of 2012, Past President Andy Coats and Future Regent Consort Stephen Grant became co-editors of the Bulletin; Ozzie continued the enormous effort of writing the In Memoriam section. Issue 73 (Fall 2013) was the last issue of the Bul- letin. Reflecting the evolution of the publication from crude to sophisticated, the Board of Regents decided that the Bulletin had earned a name with Issue 68 slightly more gravitas; so Issue 74 (Spring 2014) was published with the new and current appella- tion, the Journal. Andy Coats stepped down as co-Editor in Spring 2017 as Stephen Grant stepped up to assume the mantle as sole Editor. Stephen co- or sole edited Issues 70 through 91, as Ozzie continued to write In Memo- riam. Stephen and Ozzie have asked to be relieved, and I agreed to take these jobs for a while until we can find someone with the actual talent and creden- tials to do it properly. I’ll give it my best, but I have these big honking cliché ridden shoes to fill. Marion, Ozzie, Andy, and Stephen have made the Journal an Issue 73 Issue 74 informative, entertaining and relevant publication. Thanks to them all. I’ll try not to muck it up. NOTEWORTHY Eliza Gano and Amy Mrugalski, our Managing An article by Judicial Fellow Jerry McHugh that appeared and Associate Editors, do all of the actual work, so in Issue 88, “Completing the Mission – The Thalidomide there isn’t all that much muck for me to track in; we Saga,” was recently selected by the National Association of should be fine. Thanks, Eliza; thanks, Amy. Bar Executives (NABE) for its 2019 “Excellence in Authored Articles Small Bar Luminary Award.” I hope you will continue to enjoy reading the Journal. https://www.nabenet.org/page/2019LuminaryWinners Bob Byman 3 JOURNAL HURRY! Last chance to join Fellows and... ❖ Appreciate 11 celebrated speakers, each renowned in their field ❖ Encounter a Taste of the Ol’ Pueblo ❖ Enjoy morning guided hikes in the local mountain park ❖ Sip tequila at the nightly tequila toast on the terrace ❖ Experience a traditional Dia de los Muertos event and fireworks display ❖ And of course…..Welcome the first 2020 Class of new Fellows Will you be there? 2020 SPRING MEETING, MARCH 5-8 JW MARRIOTT STARR PASS, TUCSON, ARIZONA Register now www.ACTL.com SPRING 2020 JOURNAL 4 PRESIDENT’S PERSPECTIVE DOUGLAS R. YOUNG “Magnanimitas” — “greatness of spirit”—often refers to the privilege to be devoted to a cause greater than oneself. As trial lawyers, permitted through our state/province and federal bars to work in the wells of courtrooms across our great countries, we enjoy responsibilities to show such “greatness of spirit” in our works every day. The year 2020 promises to be consequential for many reasons, and “greatness of spirit” will be required on a variety of fronts. The year will also mark the seventieth anniversary of the College, offering opportunities to remember those upon whose shoulders we stand, individually and collectively: they were our sponsors and our examples, and we owe to the generation of Fellows that follow us the same leadership and support that our mentors offered to us. It is in that spirit that we continue the efforts undertaken in recent years to prioritize the training of the next generation of trial lawyers.
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