fall 2017 fall LAW NOTESuniversity of kentucky college of law

Paying it Forward page 22 CREDITS

DEAN 14 DAVID A. BRENNEN DIRECTOR OF MARKETING & COMMUNICATIONS ASHLEY RITCHIE

CONTRIBUTING WRITERS ALBERTINA ANTOGNINI CHARLES E. ENGLISH WHITNEY HARDER ASHLEY RITCHIE VIRGINIA DAVIS SCALES REBEKAH TILLEY 10 DESIGN ASHLEY RITCHIE

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ABOUT THIS MAGAZINE Law Notes is published annually for the alumni, students, faculty, staff 30 32 and friends of the University of Kentucky College of Law.

All correspondence should be FACULTY IMPACT. directed to: TABLE 14 Law Notes Faculty Profile: Paul E. Salamanca UK College of Law 209 Law Building OF 15 United Way Campaign Lexington, KY 40506-0048

17 Developing Ideas Conference STATEMENT OF NON- CONTENTS DISCRIMINATION 20 Faculty Notes The University of Kentucky is committed to a policy of providing STUDENT IMPACT. ALUMNI IMPACT. educational opportunities to all academically qualified students 05 KLJ and KJEANRL Symposiums 22 Feature: Paying it Forward regardless of economic or social status and will not discriminate 06 Caleb Taylor: Bike the US for MS 30 Jason Sauer: Reporting for Duty on the basis of race, color, ethnic origin, national origin, creed, 08 In re Gault Symposium 32 Chief Justice Visits UK religion, political belief, sex, sexual orientation, marital status, age, 36 Class Notes veteran status, or physical or 10 Commencement mental disability. The University of Kentucky College of Law is a 12 Future Alum: Katelyn Brown 42 Honor Roll of Donors member of the Association of American Law Schools and is approved by the American Bar Association. © The University of Kentucky All Rights Reserved 02 UK LAW NOTES MESSAGE FROM THE DEAN

As I reflect on the last year, I am amazed at the Professors Jennifer Bird-Pollan, Christopher many accomplishments of our students, faculty, G. Bradley, and Marianna Jackson Clay staff and alumni. The aspirations of the law teamed up with Women’s Law Caucus to school and legal community to pay it forward host “Cocktails Against Cancer,” a fundraising is inspiring and an honor to see. As you flip event to benefit the Markey Cancer Center. through this issue of Law Notes magazine, you UK Law faculty members, with the help will experience why giving back is significant of staff and students, also raised money to to the UK Law community. It’s evident in the support the 2016 United Way Campaign of stories you will read – including those of the the Bluegrass by cooking, competing, and first African-American hired by a majority- singing during various fundraising activities owned law firm in Lexington, Kentucky, a man last fall. Finally, under the supervision of Prof. who remains active with the Black Law Students Joshua A. Douglas, members of the Election Association and supporter for law school Law Society spent election night providing scholarships; the first female federal judge in live analyses regarding significant election Kentucky who rose to become the first female law issues in Kentucky and across the nation federal chief judge, a woman who commits through their Election Analysis Blog. her time and resources as the facilitator of the Judicial Conversation Series and who was Earlier this year, our community as well as instrumental in starting the tradition of a class judges, lawyers and clerks from across Kentucky gift from graduating law students; and a senior were provided an extraordinary opportunity director of business development at Churchill when the Honorable John G. Roberts Jr., for 2017-18 and Prof. Richard Underwood won Downs Incorporated, who also fights for our Chief Justice of the United States, visited two Independent Publisher Book Awards for freedom as a lieutenant commander in the the UK campus. Chief Justice Roberts was his book, “CrimeSong: True Crime Stories Navy Reserve. These individuals represent a here as the inaugural speaker for the newly From Southern Murder Ballads.” Finally, we few of the many generous individuals making established John G. Heyburn II Initiative for inducted three new members, including the up the UK Law alumni network who have Excellence in the Federal Judiciary, in honor first African-American female, into the UK actively participated in the power of giving. of the trailblazing U.S. Senior District Judge Law Hall of Fame for their extraordinary John G. Heyburn II. This spring, UK Law also professional success, high degree of character During the 2016-17 academic year, our students hosted a brunch to honor 2016-17 scholarship and integrity, and profound positive impact also gave back in a myriad of ways. Caleb Taylor, recipients and donors. The event gave law on the College of Law: Sarah Howard Jenkins, a third-year law student, cycled from Maine students the opportunity to express their Taft A. McKinstry, and Robert L. Walker. to Seattle this past summer to raise awareness appreciation to donors, and the donors learned (and funds) for multiple sclerosis (MS) research firsthand the magnitude of their impact in the As you review this issue of UK Law Notes, I and treatment as part of Bike the US for MS. lives of current students. In addition, alumni, hope you feel compelled to give back to your UK Law students involved with StreetLaw members of the legal and business communities, alma mater, communities, profession, and continued to utilize their legal education to and friends of UK Law helped raise funds even the world. Whether it’s mentoring young teach real-life lessons in law and government at UK Law’s 7th Annual Golf Tournament professionals, serving as a guest speaker for our at two local high schools, empowering those to support student scholarships and place student organizations, or making a gift, you high school students to go forward and make students in summer public interest positions. can inspire others to take action in making a positive changes in the community, while difference. Starting today, I encourage each of also inspiring them to consider a future legal Even though our students, faculty, staff, and you to pay it forward. By lifting others, we can career. Law students also volunteered in the alumni have spent a significant amount of all rise towards our personal best. I am proud to VITA clinic to assist in preparing hundreds time giving back, their accomplishments go be surrounded by some of the most generous of tax returns for low-income taxpayers, beyond paying it forward. Our students hosted and brightest people in the legal profession provided pro bono legal services during their various symposia including the KJEANRL’s and I look forward to seeing the difference spring break in underserved areas of Eastern third annual symposium entitled, “Faces of you will make in the next year and beyond. Kentucky, helped people register to vote the Bluegrass” and the KLJ’s symposium on through a voter registration drive, and raised the 30-Year History of Batson v. Commonwealth. All rise! hundreds of dollars to support DanceBlue – a Prof. Cortney Lollar spearheaded a conference Best, yearlong fundraising effort, culminating in entitled, In re Gault: 50 Years Later, where a 24-hour no sitting, no sleeping Dance the audience looked back at the decision Marathon right in the heart of UK’s campus. that established a right to counsel in juvenile delinquency cases, as well as discussed the In addition, our world-class, accessible faculty current issues facing the juvenile justice system. David A. Brennen continue to shine a positive light on the law In addition, Prof. Melynda Price was selected Dean and Professor of Law school by paying it forward. This past year, as UK Law’s University Research Professor

FALL 2017 03 STUDENT IMPACT.

VOLUNTEER INCOME TAX CLINIC

518 Tax Returns Filed $100,000+ 01 02 Saved on Preparation Fees

$497,960 in Federal Refunds

$45,120 in State Refunds

40 Total Volunteers 03 04

800+ Hours of Training STUDENTS Thank you to Prof. Doug Michael and Prof. Jennifer Bird-Pollan, and PAY IT FORWARD to the following UK Law students: 01 As part of National Voter 05 Over spring break and under Registration Day, members of the the supervision of Eastern Tyler Almeida, Katelyn American Constitution Society Kentucky Lawyer Ned Pillersdorf, Brown, Eric Burse, 05 helped people register to vote students offered pro bono legal Lauren Cobo, Gentry via a voter registration drive. services to low-income residents Collins, Amanda who cannot afford attorneys. Connors, Carlin Conway, 02 Students, along with faculty They also volunteered at the Brittany Crouch, Tad and staff, gathered at Campus Pub Floyd County Animal Shelter. Darlington, Bethany for the second annual Student Davenport, Sinclair Bar Association (SBA) Trivia 06 Through StreetLaw, Davies, Jacqueline Night. Over $1000 was raised to students utilized their legal Graves, Brandon benefit the UK Law Legal Clinic. education to teach real-life Hamilton, Hayden lessons in law and government Holbrook, Michael 06 03 The Christian Legal Society to high school students. Hooper, Jared Hudson, held a school supplies drive to Lesley Lawson, Jake benefit The Nathaniel Mission, 07 As part of the UK Law Miller, Sophie Miller, a local ministry that hosted DanceBlue team, third-year Sydney Montgomery, children and youth enrichment law student Ross Stanton used Taylor Oldham, Cate camps this past summer. his passion for wood burning Poole (UK Law ’11), to raise hundreds of dollars to Melanie Ramsey, Brian 04 The Veteran's Law Society, support DanceBlue – a yearlong Scroggins, Abid Shalash Women's Law Caucus, and fundraising effort, culminating (UK Law ’16), Sam Smith, OUTLaw hosted Staff Sergeant in a 24-hour no sitting, no Caroline Snell, Anthony Billie Jacobs, the first female sleeping Dance Marathon right Thomas, Jordan Thomas, fire support specialist in the in the heart of UK’s campus. and Ivey Workman. United States Army, as a guest 07 speaker for Veterans Day.

04 UK LAW NOTES KLJ Hosts Symposium on 30-Year KJEANRL History of Batson v. Commonwealth HOSTS SYMPOSIUM

On Tuesday, February 28, the Kentucky Journal of Equine, Agriculture, & Natural Resources Law (KJEANRL), in conjunction with the University of Kentucky College of Law, hosted its third annual symposium entitled, “Faces of the Bluegrass.”

Legal practitioners and regulators from across Kentucky shared their thoughts on current legal, policy, and regulation issues affecting the environment, natural resources, and energy. The symposium took place in the UK Law Courtroom and was open to the public.

Whitney B. Grider, Executive Development Editor for the KJEANRL, was responsible for planning this year’s symposium. The third-year law student reached out to previous KJEANRL On Friday, November 4, the Kentucky Law • Stephen Bright, President and Senior Counsel authors, previous symposium presenters, Journal (KLJ) and the University of Kentucky at the Southern Center for Human Rights, Visiting and past KJEANRL members to College of Law co-hosted a symposium Lecturer at Yale Law School secure speakers for the all-day event. STUDENTS entitled, “30 Years of Batson: a Retrospective.” • Christia Spears Brown, Professor at the University The symposium took place in the UK Law of Kentucky Presenters included: Courtroom and was open to the public. • Catherine Grosso, Professor at Michigan State • , Director for the Division for University College of Law Sean Alteri Air Quality PAY IT FORWARD Featuring some of the nation’s top scholars, • , Professor at Chicago-Kent College Nancy Marder • Noah Friend, General Counsel for Allison the program focused on the 30-year history of Law Ball, Kentucky State Treasurer of Batson v. Commonwealth. In the case, the • Barbara O’Brien, Professor at Michigan State • Clay Larkin, Attorney at Dinsmore & United States Supreme Court ruled that a University College of Law Shohl LLP prosecutor's use of peremptory challenge in a • Mark Peffley, Professor at the University of • Dave Maples, Executive Vice President of criminal case (the dismissal of jurors without Kentucky the Kentucky Cattlemen’s Association stating a valid cause for doing so) cannot be • Bryan Reynolds, Attorney at Sullivan used to dismiss jurors based on their race. The “My favorite part of the symposium was meeting Mountjoy Stainback & Miller, PSC Court ruled that this practice violated the Stephen Bright. Professor Bright is a long- (Owensboro, KY) Equal Protection Clause of the Fourteenth standing role model of mine and meeting him was • Charles G. Snavely, Cabinet Secretary, Commonwealth of Kentucky, Amendment. Subsequent jurisprudence has beyond remarkable. I stand with him on many Energy and Environment Cabinet resulted in the extension to civil cases and cases subjects, and I deeply admire his activism,” said where jurors are dismissed based on their sex. R. Nicholas Rabold, Editor-in-Chief of the KLJ. The morning sessions focused on the issues of coal and the impact of cattle The tenth oldest student-run law review A luncheon immediately followed the morning in Kentucky, while the afternoon was fortunate to host two scholars directly panels, featuring Judge Denise Clayton, the sessions featured presentations entitled involved in Batson: David Niehaus (Adjunct first African-American woman to serve on “Kentucky Oil and Gas Conservation Lecturer at the University of Louisville), who the Kentucky Court of Appeals. In addition to Laws: Keeping Pace with Technological served as the defense attorney for James presenters discussing the history of Batson and its Advances in the Oil and Gas Industry” Batson and Joe Gutmann (Central High School implications, students and activists participated and “Clean Power Plan Update.” Students Law and Government Magnet Coordinator and by posing questions throughout the symposium. and activists participated by posing questions throughout the symposium. Adjunct Faculty at the University of Louisville), “UK Law faculty and staff are immensely proud who was the Assistant Commonwealth’s “My favorite part of the symposium Attorney who prosecuted the case. of the hard work and leadership put forth by our was seeing it all come together,” said students,” said David A. Brennen, Dean at UK Law. Grider. “The KJEANRL could not have “It was a wonderful opportunity for them to “The discussion of landmark cases among some of done it without the instrumental work share their perspective of the case,” said Catie the nation’s top scholars is critical in impacting of the College of Law community.” Coldiron, Special Features Editor for the KLJ. law and policy, while also enhancing the academic experience for every UK Law student.” Other notable speakers included:

FALL 2017 055 STUDENT IMPACT.

THIRD-YEAR LAW STUDENT BIKES ACROSS AMERICA FOR CHARITY

06 UK LAW NOTES Caleb Taylor, a third-year law student at the University of Kentucky College of Law, hit the road this summer, cycling from Maine to Seattle, to raise awareness (and funds) for multiple sclerosis (MS) research and treatment. As part of Bike the US for MS, Taylor and other volunteer bicyclists rode through 15 states in 69 days, pedaling a total of 4,295 miles. They began the Northern Tier route on May 27 in Bar Harbor, Maine and finished on August 4. The first half of the Northern Tier route stretched from the Atlantic to the Mississippi River. The second half started in Minnesota and led bicyclists deep into Glacier National Park – the location Taylor was most excited to see – for a two week stretch of mountains, rivers, and extreme natural beauty, before arriving in Seattle. What exactly inspired the Kentucky native to take his mission on the road? He shares a personal connection to MS. “I was inspired to partner with Bike the US for MS as soon as I realized such an organization existed. My mother was diagnosed with MS in 2001. Watching her struggle with different treatment options was part of my childhood,” said Taylor. According to the National MS Society, “MS is an unpredictable, often disabling disease of the central nervous system that disrupts the flow of information within the brain, and between the brain and body.” Over 2.3 million people are affected by MS worldwide and women are two to three times more likely to develop the disease than men. This was Taylor’s first year participating in a bike ride of this magnitude and preparation was key. Leading up to the journey, Taylor rode his bike everywhere and even scored a job as a delivery cyclist at Jimmy Johns so he could make money and train at the same time. But this adventure wasn’t just about cycling. The North Tier team made various pit stops in towns across the country, taking part in community service projects such as building wheelchair ramps, assisting with yard work, and helping with home renovations for patients with MS. Taylor’s goal, to raise $1 per mile for a grand total of $4,295, was met through a generous sponsorship from Big Ass Fans. Bike the US for MS uses 90% of funds raised for research, treatment, and community service projects for patients. For more information on Bike the US for MS, visit http://biketheusforms.org/.

ME VT NY IN IL MN MT WA

NH OH IA ND ID

FALL 2017 07 STUDENT IMPACT.

UK LAW HOSTS CONFERENCE TO COMMEMORATE 50TH ANNIVERSARY OF IN RE GAULT

On Monday, March 6, the University of Kentucky anticipate,” said Cortney Lollar, Assistant juvenile cases was a great opening to bring high College of Law hosted a conference entitled, “In Professor of Law at UK Law. school students to the law school to learn about re Gault: 50 Years Later,” to commemorate the an area of the law that might hit a little closer to 50th anniversary of the landmark United States The conference was a unique opportunity to home,” said Prof. Lollar. Supreme Court decision In re Gault, 387 U.S. 1 reach high school, college and law students, (1967). The event took place in the UK Law whereas most conferences hosted by law schools It was the collaborative efforts of Prof. Lollar and Courtroom and was open to the public. are geared toward law students and members Rebecca Ballard DiLoreto, Executive Director of of the legal profession, not young people in the the Institute for Compassion in Justice and Adjunct The program featured some of the nation’s top community. Professor of Law at UK Law, who made the event juvenile justice scholars and gave the audience a possible. DiLoreto, former public defender, look back at the decision that established a right Conference panelists for the morning event served as moderator for the conference. In to counsel in juvenile delinquency cases, as well included: addition to panelists discussing the history of In as a glimpse at current issues facing the juvenile re Gault and current issues in the juvenile justice justice system. • Timothy G. Arnold, Post-Trial Division Director, system, students participated by posing questions Department of Public Advocacy, Justice and Public throughout the program. Immediately following In the state of Kentucky alone, approximately Safety Cabinet, Commonwealth of Kentucky the panel discussion, members of StreetLaw, 3,500 young people were prosecuted in juvenile • Hasan Davis, former Commissioner of the Kentucky a UK Law student organization dedicated to delinquency proceedings last year. About 50 Department of Juvenile Justice, Educator, Youth teaching high school students and members of of those were children under the age of 10. Yet, Advocate and Performer the Lexington community about law and the they are not committing the types of offenses • Josh Gupta-Kagan, Assistant Professor, University legal system, conducted a “Know Your Rights” most would assume. Most of the youth who are of South Carolina School of Law training. prosecuted, both in Kentucky and across the • Elizabeth McMahon, Chief, Louisville Metro country, are charged with misdemeanor and Public Defender’s Office, Juvenile Trial Division “Several of the schools reached out after the status offenses. • Diane Turner Minnifield, Prosecutor, Fayette conference to let us know how much they County Attorney’s Office, Juvenile Division appreciated the opportunity to participate,” said “We historically have allowed for kids to make • Robin Walker Sterling, Associate Professor, Prof. Lollar. “It was important for us to host the mistakes, and to learn and grow from those University of Denver Sturm College of Law conference because, despite the promise of Gault, mistakes. If those mistakes lead to involvement we still have a far way to go before our juvenile in the court system, however, they take on “We felt the 50th anniversary of the Supreme justice system becomes a system that is truly a magnitude far beyond what many might Court case establishing a right to counsel in youth-centered.”

08 UK LAW NOTES UK LAW HOSTS OPEN FORUM 2016-17 with Associate Justice of the Kentucky Supreme Court COMPETITIONS

13th Annual Williams Institute Moot Court Competition

25th Annual Duberstein Moot Court Competition

2016-2017 ABA Section of Taxation Law Student Tax Challenge

2016 Kentucky Intrastate Mock Trial Competition

2017 National Trial Competition Regional Tournament

Alfred Mugel Buffalo Tax Moot Court Competition The University of Kentucky College of Law hosted She went on to emphasize the importance of lawyers and Associate Justice Michelle Keller of the Kentucky Supreme judges serving as leaders in their respective areas. Florida Bar Association Court on October 26, as part of UK Law’s 2016-17 Judicial Justice Keller wrapped up the conversation by answering Conversation Series. intriguing questions from students in attendance. In Tax Moot Court Justice Keller was appointed to the Kentucky Supreme conjunction with her visit, she served as guest lecturer Competition Court in April 2013 by Governor Steve Beshear. She was earlier in the day for Professor Mary Davis’ Torts class. elected to a full eight-year term on the bench in November The series continued in the spring with Judge National Latino Law 2014. She is also the chairwoman of the court system’s Curtis Lynn Collier of the United States District Student Association Kentucky Access to Justice Commission. Court for the Eastern District of Tennessee. Moot Court Competition Joined by Judge Jennifer B. Coffman (Retired), Eastern and Western Districts of Kentucky, who served as moderator, Justice Keller began the open forum in the UK Southeastern Regional Law Courtroom by addressing the importance of having Tax Competition a mentor and the impact of giving back. As the first in her family to attend law school, she credits her success to her Willem C. Vis great mentors. She conveyed to students that having a International mentor throughout life is crucial, noting that her motivation Commercial to give back stems from the mentoring she has received. “You get back ten-fold what you give,” said Justice Keller. Arbitration Moot For those students interested in public service, she suggested taking advantage of the opportunities within UK Law’s Legal Clinic. Her sage advice didn’t stop there. Laughter filled the courtroom when Justice Keller shared a personal story about a cow milking competition in Henry Dean Brennen initiated UK Law’s Judicial Conversation Series County. While running for office, she agreed to participate in 2012. Judge Coffman serves as the facilitator for the series. in the contest, even though it was out of her comfort zone. The purpose of the series is to provide thoughtful and engaging Despite all odds, she defeated her opponent and prevailed. interactions between distinguished members of the judiciary and “You can take your job seriously, but you don’t have to law students. Previous speakers have included Kentucky Supreme take yourself too seriously,” Justice Keller said. Court Justices John D. Minton Jr. (Chief), Lisabeth Tabor Next Justice Keller discussed her experiences on the Hughes, Bill Cunningham, Mary C. Noble, William Thompson bench. She talked about making difficult decisions, treating Scott and Daniel J. Venters; U.S. Tax Court Judge Joseph Goeke; everyone in the courtroom with respect, and addressing U.S. Bankruptcy Court for Eastern District of Kentucky Judge conflicts with attorneys. She explained that serving on the Tracey Wise (Chief), Judge Roger L. Gregory, Fourth Circuit Kentucky Supreme Court is not just a job, but a way of life, U.S. Court of Appeals, Senior District Judge for Western District and that a law student’s behavior will be scrutinized from of Kentucky Thomas B. Russell, and Senior District Judge this point forward. She explained this wasn’t bad, as it results for the Eastern District of Tennessee Curtis Lynn Collier. in the best quality of people representing the law profession.

FALL 2017 099 STUDENT IMPACT. Commencement 2017 Every spring, the University of Kentucky College He reminded the graduates of examples of the of Law hosts its commencement ceremony. great impact of lawyers throughout U.S. history. Though the commencement format may rarely change, there is a noticeable difference in seeing Allison Connelly, Director of the UK Legal Clinic how each graduating class leaves its own unique and James and Mary Lassiter Professor of Law, mark. was selected by the graduating students to deliver remarks on behalf of the UK Law faculty. She Friday, May 5, was dedicated to celebrating the challenged the Class of 2017 to make a pledge to Class of 2017. 113 eager law students walked work for the greater good of their communities, across the stage in the Singletary Center for the our country, and our world. Arts ready to claim their reward for three years of hard work: a UK Law diploma. “Today I challenge you to use your intellect and your voice for free. Use that legal voice “Today is a day of joy – for graduates and for because the path to justice always starts with one all of us here today. We all share your sense of individual who says ‘that’s unfair.’ Use your voice accomplishment, your sense of relief, and your to make a difference in the lives of those without sense of anticipation about the future,” said a voice. Use your voice to stand up in a court of David A. Brennen, Dean at UK Law. non-profit to bring puppies to the law school law and say I object. Because if you don’t object, to help students relax before finals, while also bigotry wins, hate wins, corruption wins and we Dean Brennen went on to note the many creating an opportunity for the puppies to be all lose. We all lose,” said Prof. Connelly. accomplishments of this remarkable class. adopted. In just three years, these students achieved The faculty selected Nealy Williams as the the extraordinary: law and business students Through all of these activities, the Class of 2016 Faculty Cup Recipient, and Dean Brennen volunteered in the VITA clinic to assist in 2017 demonstrated an outward-focus that will presented her with an engraved silver julep cup preparing hundreds of tax returns for low- continue to serve them as they begin their during the presentation of awards. Furthermore, income taxpayers; students competed in careers in law. As a further demonstration of a Dean Brennen recognized those students elected numerous co-curricular legal skills enhancement special type of commitment to UK Law, the Class to the Order of the Coif, as well as students activities; during spring break, students provided of 2017 came together to “give back.” As a result who received the Pro Bono Award. Finally, he pro bono legal services in underserved areas of of financial donations by the class, artwork will presented members of the graduating class with Eastern Kentucky; student-run law journals be purchased and placed in the new law building. certificates signifying attainment of the degree hosted legal symposia; and members of the of Juris Doctor. Women’s Law Caucus launched a new lecture Cody Barnett, as the highest-ranked student of series entitled, “Inspirational Women in the Law.” the class, gave the greetings for the graduates. Noelle True, College of Law Alumni Association Furthermore, members of the Class of 2017 spent “After three long years we have reached this President, wrapped up the ceremony by election night providing live analyses regarding milestone. Think of this moment as the start of welcoming the new graduates to the legal significant election law issues in Kentucky and a new adventure,” said Barnett. He went on to profession. She left them with a parting line from across the nation through their Election Analysis give his classmates words of advice as they each Robert Fulghum’s All I Ever Really Needed to Know Blog, auctioned off two handmade barrel tops to embark on a new path. I Learned in Kindergarten. “And it is still true, no raise money to fight pediatric cancer, utilized matter how old you are, when you go out into the William R. Garmer, attorney at Garmer & Prather, their legal education to teach real-life lessons world, it is best to hold hands and stick together. PLLC and President-Elect of the Kentucky Bar in law and government to high school students So, congratulations. Welcome to the profession. Association, spoke on behalf of the practicing bar. through StreetLaw, and partnered with a local And let’s stick together.”

10 UK LAW NOTES FALL 2017 11 STUDENT IMPACT.

TELL US ABOUT YOUR BACKGROUND. law school. Furthermore, hearing the I grew up in Hanson, Kentucky, which is experiences of current UK Law students in the western part of the state. Both my at the time I was applying, and seeing the mother and father attended the University successes of so many UK Law graduates, of Kentucky so I grew up loving UK and also inspired me to pursue a law degree Lexington by default. When it came time from UK. It also helped that UK Law to choose a college, I easily chose UK and, was the highest ranked law school in the because I have always been interested Commonwealth, was rated as one of the Best in the inner-workings and financials of Value Law Schools in the nation, and had business, I selected accounting as my high bar passage and job placement rates. major. After experiencing a study abroad semester in London and an internship WHAT ARE SOME OF YOUR ACCOMPLISHMENTS in audit during my junior year, I began THAT YOU'RE MOST PROUD OF? to imagine life after college and I was I have thoroughly enjoyed serving as the undecided on what pathway I wanted to student representative on the law school's take. My parents suggested law school building committee. I’ve been told there and, after some thought and advice from have been several stalled attempts in practicing attorneys, I decided that pairing the past to construct a new law building my accounting major with a law degree and I am so excited to have been part would be a good idea. I took the LSAT and of the process. Countless meetings with applied to UK Law my senior year and the local architects and the New York was subsequently accepted, but I chose architects have taken place over the to defer for one year in order to take past year, and I am looking forward to the Certified Public Accounting (CPA) seeing the construction and returning exams. In addition to taking and passing to see the finished renovation in 2019. these four exams, I worked at a Lexington I am also proud to have been elected horse farm in the accounting department Student Bar Association President this year. and traveled during my gap year. With the building renovation going on, it is so important to communicate with the WHEN DID YOU FIRST BECOME students and keep them abreast of the law INTERESTED IN LAW SCHOOL? school happenings. Inclusivity and unity Unlike many law students, the thought of are paramount, and that is what I am trying law school never entered my mind until to achieve during my year as President. my parents planted the seed during my junior year of undergrad at UK. Growing AS A STUDENT, IN WHAT WAYS up, I imagined I would be some sort of DO YOU GIVE BACK? medical professional, especially since my Volunteering in the Volunteer Income Tax entire family works in the dental profession. Assistance (VITA) clinic every spring has My squeamish-ness eventually developed been a true joy. This clinic prepares and and so did my lack of interest in science files tax returns for mostly low-income classes, so the entire medical field was not taxpayers and international students. really an option. The profession of law After first hearing of this opportunity, I to me meant exclusively litigating in the knew I was meant to do this exact service courtroom and I was not interested in that. because of my undergraduate degree. It is After speaking with family friends who are so nice to be able to use my knowledge to attorneys and other financial professionals, give back to the community. Seeing the FUTURE ALUM I discovered the transactional side of law clients’ excitement and gratitude when I and how my undergraduate degree could help them solve a tax problem or tell them serve me well if I decided to pursue a JD. they are receiving a larger refund than they expected is extremely rewarding. WHY UK LAW? I could not imagine attending another IS THERE A PARTICULAR PROFESSOR university for law school. I was so confident OR CLASS THAT HAS REALLY LEFT that I wanted to go to UK Law and nowhere AN IMPRESSION ON YOU? else that I didn’t even apply to any other As an Accounting major, I knew I would be law schools. My four years of undergrad at interested in tax law courses and I jumped UK were the best four years and I wanted at the opportunity to take Taxation I during to continue to build upon those fond my first semester of second year. I had CLASS OF memories and special experiences during heard great things about Professor Jennifer KATELYN BROWN KATELYN 12 UK LAW NOTES 2018 Bird-Pollan before taking her class and all of the buzz about her proved to be true. She truly cares about each student and makes tax exciting (for those people that don’t think that already). Professor Bird- Pollan pushes us to think about the policy reasons behind the tax rules in place and she is always available to talk in her office about a tax problem from class or even about what courses to take. After taking her first class, I enrolled in Corporate Tax and International Tax in order to learn even more from her. I have also worked with her through the Tax Law Society and she served as a helpful adviser as I wrote my Note for the Kentucky Law Journal.

A second professor that has left an impact on me is Professor Zachary Bray. I first took his Real Estate Transactions course because I believed I would enjoy the subject. Because I had such a great experience in that class, I decided to enroll in Natural Resources Law even though I wasn’t interested in pursuing this type of law. His teaching style is unmatched and it is evident that he enjoys each subject that he teaches. I visited his office hours several times and each time I emerged from his office feeling as if I could achieve any goal I set for myself. He also advised me on my Kentucky Law Journal Note and I will be forever thankful for his guidance.

WHAT ARE SOME OF YOUR CAREER GOALS? I hope to work at a medium to large- sized firm after graduation, hopefully in a transactional practice group. Partnership status also sounds appealing, but working as in-house counsel for a company is another attractive option. In general, I hope to work somewhere I can use both my Accounting and JD degrees.

YEARS FROM NOW, WHEN YOU LOOK BACK AT YOUR TIME AT UK LAW, WHAT WILL YOU REMEMBER MOST ABOUT YOUR EXPERIENCE? I have no doubt that what I will remember most is the tight-knit community at UK Law. The courses I take and the grades I receive are important, but I know that the relationships that I have formed will continue throughout my professional career and the rest of my life. Law school itself is difficult enough and I can’t imagine surviving the three years CLASS OF without my friends and colleagues. 2018 FALL 2017 13 PAUL E. SALAMANCA [GET TO KNOW UK LAW'S WENDELL H. FORD PROFESSOR OF LAW]

Q: Number of years you have taught at UK Law? Q: Path to UK Law? where there’s no simple right answer, and we A: Since June 1995 – 22 years A: I worked all over the place, east of the can have a frank and generous discussion. I Mississippi. I worked for the federal judiciary love the knotty classes, the ones that begin with Q: Classes you teach or areas of focus? in New Hampshire and D.C. I worked in private a statement such as “Today we’ll discuss the A: Constitutional Law (I and II), Federal Courts, practice in Massachusetts and New York. I began intersection of the Well-Pleaded Complaint Rule, Law & Religion, and Law & Economics my academic career in the Big Easy, at Loyola the Federal Declaratory Judgement Act, and the New Orleans. I was on the “common law” side of Substantial Federal Question Test.” But I also love Q: Alma mater (law school)? things there. (About half of their curriculum is the open-ended classes, the ones that begin with A: Boston College Law School the Napoleonic Code and what became of it). the question, “What would you have done here?”

Q: A fun fact not many people know about you? Q: What professional accomplishment are you Q: What advice would you give to current A: People don’t generally use the words “fun” and most proud of? students? “Paul Salamanca” in the same sentence. Just ask A: I have had the immense privilege of A: Take practice final exams, over and my kids. My favorite hobby is woodworking. I’m exploring constitutional law with thousands over and over again. You don’t prepare terrible at it, but I’ve made some furniture, and of law students. I now see these students in for a marathon by reading about it. thank goodness I still have all my fingers. I even every walk of practice and public service. made a baseball bat for my stepson. It’s three Q: What do you enjoy most about teaching? pieces of hard maple, glued together and turned Q: What class do you enjoy teaching the most? A: The Socratic Method, when it works, on a lathe. Because it’s not made from a single A: That answer would be impossible to give is totally cool. When it doesn’t work, piece of wood, it would violate MLB rules. without offending someone! I love the classes well, that’s why we have lectures!

14 UK LAW NOTES UK Law Professors FACULTY IMPACT. and WLC Team Up to Raise Money UK Law Participates in for Markey Cancer United Way Campaign Center Students, faculty, and staff at the University of Law of Kentucky College of Law raised • Brian L. Frye, Spears-Gilbert Associate nearly $4,000 to support the United Professor of Law Three University of Kentucky College of Law professors Way Campaign of the Bluegrass by • Roberta M. Harding, Professor of Law recently teamed up with Women’s Law Caucus (WLC) cooking, competing, and carrying a tune • Michael P. Healy, Senator Wendell H. Ford to host “Cocktails Against Cancer,” a fundraising event to during various ‘fun’draising activities. Professor of Law benefit the Markey Cancer Center. • Daniel P. Murphy, Jr., Assistant Dean of The 2016 UK United Way campaign Community Engagement & Diversity In its second year since its inception, the event raised over began on October 1 and ended on • Michael D. Murray, Visiting Professor of $900 from ticket sales and donations. November 14. Across the six-week span, Legal Research and Writing members of the UK Law community • Franklin L. Runge, Faculty Services So exactly how does the event work? UK Law professors competed in a corn hole tournament; Librarian cover all costs for the event and all proceeds go directly performed karaoke to “Whip it,” “Summer • Beau Steenken, Instructional to the center. This year’s event was hosted by Jennifer Nights,” and “I’ve Got You Babe;” started Services Librarian Bird-Pollan, James and Mary Lassiter Associate Professor Wednesday mornings off with waffles; of Law, and co-hosted by Christopher Bradley, Assistant and placed bids on gift certificates to Zach Smith, Computer Support Specialist, Professor of Law, and Marianna Jackson Clay, Visiting local restaurants and Sleep Number, UK and Yang served as the college’s cabinet Professor of Law. basketballs, and cigar accessories during a members with the university. In these silent auction. Donation forms and a cash roles, they organized and implemented “WLC is beyond grateful to have such great professors donation jar were available at all events. all events. Smith brought event ideas who also love to give back,” said Emmy Daunhauer, Social to the table, drawing from his personal Service Chair for WLC. “Having opportunities to get to “My favorite event was karaoke day,” business experiences and interests. Yang, know professors outside of the classroom is one of the said Michel Yang, Library Manager at who has served as a cabinet member biggest draws for students and we love partnering with UK Law. “The crowd seemed to have since 2015, says the college was “very them for that reason.” a lot of fun and their enthusiasm was lucky to have his expertise this year.” infectious. It was wonderful to see the The student organization greatly enjoys the annual event faculty singers and law student spectators “The United Way campaign this year because it gives them an opportunity to give back to an having so much fun together!” showed me how committed our important cause, one that hits close to home for some of faculty and staff are to our sense of its members. During karaoke day, spectators community and fun. From the corn hole could donate to see faculty and staff tournament to singing during karaoke “For me personally, I have had many members of my family perform, but performers could also day, I was reminded how much the affected by cancer, and I really love that the money donated donate to be exempt. Singers starring College of Law community cares for to the Markey Cancer Center goes toward research and in the memorable event included: and enjoys one another,” said Yang. treatment for many different types of cancer. I think it gives the event a more global purpose that anyone can • Zachary A. Bray, H. Wendell Cherry United Way of the Bluegrass is a leader relate to,” said second-year law student Daunhauer. Associate Professor of Law and motivator of change for long- • April Brooks, Staff Support Associate term solutions for Central Kentucky “Cocktails Against Cancer” was held at Professor Bird- • Mary J. Davis, University Research Professor communities. They have a Big Bold Pollan’s home on October 20. and Stites & Harbison Professor of Law Goal that 10,000 more families in the • James M. Donovan, Library Director and Bluegrass will be self-sufficient by 2020. “Seeing how many students made a donation to the cause James and Mary Lassiter Associate Professor by purchasing a ticket and took time from their busy schedules to participate, and seeing how many faculty made donations and took time to join for the evening, gave me a strong confirmation of what I already know: our students and faculty care a lot about each other and our community, and about doing good in the world at large,” said Professor Bird-Pollan. “It was a great event that is a wonderful example of what a unique and special community we have at the UK College of Law.”

The Markey Cancer Center was founded in 1983 and is a dedicated matrix cancer center established as an integral part of the University of Kentucky and the UK HealthCare enterprise. In July 2013, Markey was designated by the National Cancer Institute (NCI) to receive research funding and many other opportunities available only to the nation’s best cancer centers. ‘FUN’DRAISES NEARLY $4000 NEARLY

FALL 2017 15 FACULTY IMPACT. From Scholarly Professor to Award-Winning Author, Underwood Takes Home First IPPYs

And the winner is… Richard H. Underwood! The William L. Matthews, Jr. Professor of Law at the University of Kentucky College of Law is a winner of two Independent Publisher Book Awards (IPPY) for his book, CrimeSong: True Crime Stories From Southern Murder Ballads. The IPPY Awards, the world’s largest international and regional book awards contest, is conducted annually to honor the year's best independently published titles. Out of 5,000 entries, 419 medals were awarded to authors from 43 U.S. states,

7 Canadian provinces, and 15 countries overseas. The IPPY Awards are one of the highest honors for books published by independent publishers.

Prof. Underwood received a silver medal for best nonfiction in the Southeast region and a bronze medal for nonfiction cover design in the overall national awards. My wife and I were very pleased. “ This was our first venture into the 'trade,' and to get two awards on our first book was a bit of a shocker. “ CrimeSong, a 328-page book that plunges readers into the riveting true crimes behind 24 Southern murder ballads, was published by Shadelandhouse Modern Press, LLC last year. The book brings to life a series of stories filled with jump- off-the-page real and memorable characters, shadowy history, courtroom dramas, murders, mayhem and music. It is available for purchase at http://smpbooks.com/. Prof. Underwood traveled to New York City in May for the 21st Annual IPPY Awards ceremony, which took place in conjunction with the BookExpo America convention. He also traveled to Abingdon, Virginia, where he discussed CrimeSong at the Mountains of Music Festival in June. See the full list of 2017 IPPY Awards winners at: http://www.independentpublisher.com/.

16 UK LAW NOTES UK Law Hosts Reaching New Heights: Sixth Annual UK Law Ranked No. 2 Developing Ideas Best Value Law School Conference

in the Nation On Wednesday, May 17, the University of Kentucky College of Law held its sixth annual Developing Ideas Conference. Untenured and recently tenured faculty from across the nation were able to gather and share their developing ideas for scholarship in an informal, supportive, and engaging environment – just before diving into summer research. Richard C. Ausness, Associate Dean for Faculty Research and Everett H. Metcalf, Jr. Professor of Law at UK Law, spearheaded the 2017 conference. “The conference is important for three reasons,” said Associate Dean Ausness. “First, it exposes young scholars from all over the country A degree from the University of Kentucky College of Law is one of the best to each other’s work and enables them to obtain feedback from other values in the nation, according to The National Jurist, which ranked UK Law No. 2 on its list of Best Value Law Schools for 2016. participants about their works-in-progress. Second, it increases the College of Law profile nationally in a very positive way. Third, it In the annual rankings released in the fall issue of preLaw magazine, UK enables faculty at the College of Law to interact with young faculty Law climbed to an all-time high at No. 2, steps up from last year’s No. 4 from other law schools.” ranking. This is the college’s ninth consecutive year being included in the “Top 20” and fifth consecutive year in the top 10. In addition, out of the top Participants for the one-day event included: 58 law schools, only nineteen shared an “A+” grade with UK Law. UK Law is Lauren Bartlett, Ohio Northern University also the only Kentucky law school included in the “Top 20” for 2016. Marie Boyd, University of South Carolina Amy Cyphert, West Virginia University “It’s truly an honor to be recognized on a national level again by this annual accolade,” said David A. Brennen, Dean at UK College of Law. “UK Law has Dan Canon, University of Louisville risen to a new level of accomplishment – one in which we are immensely Antonia Eliason, University of Mississippi proud.” Barbara Fedders, University of North Carolina Dallan Flake, Ohio Northern University The National Jurist has ranked “Best Value” law schools for the past ten Ariel Glogower, Ohio Northern University years. According to the publication, the rankings are “designed to find the Caleb Griffin, Regent University law schools where graduates have excellent chances of passing the bar and Wes Henricksen, Barry University getting a legal job without taking on a ton of debt.” The formula used in the calculation is weighted accordingly: Jeremy Kidd, Mercer University Cortney Lollar, University of Kentucky Agnieszka McPeak, University of Toledo Janet Moore, University of Cincinnati 35% 25% 15% 15% 10% Michael Pinsof, Roosevelt University Employment Tuition Average Graduates Cost of Matt Rossman, Case Western Reserve University rate indebtness who pass living JoAnne Sweeny, University of Louisville upon the bar Evan Zoldan, University of Toledo graduation exam UK Law faculty members who served as moderators for the event included Albertina Antognini, Assistant Professor of Law; Associate Dean Ausness; Jennifer Bird-Pollan, James and Mary Lassiter “This ranking confirms that UK Law continues to prevail in key areas, Associate Professor of Law; Christopher G. Bradley, Assistant including employment rate, affordability, and debt load of graduates. We Professor of Law; and Cortney E. Lollar, Assistant Professor of are committed to preparing our students for life after law school – opening Law. In addition, the following UK Law faculty contributed to the doors to opportunities both within and outside the traditional practice of law,” said Dean Brennen. discussions at different sessions: Zachary A. Bray, H. Wendell Cherry Associate Professor of Law; Michael P. Healy, Senator Wendell UK Law students traditionally achieve the state’s highest bar examination H. Ford Professor of Law; and Nicole Huberfeld, Associate Dean passage rate, and employment numbers for the school have remained of Academic Affairs and Ashland-Spears Distinguished Research strong over the years. The National Jurist reports that UK Law graduates Professor of Law. carry an average debt of $77,793, while resident tuition was $21,618 for the 2015-16 academic year. “Based on my own observations, as well as comments that the moderators and I received from some of the participants, I believe that the conference was a great success,” said Associate Dean Ausness.

FALL 2017 17 FACULTY IMPACT. DIRECTOR OF ACADEMIC PROFESSOR DOUGLAS SHINES LIGHT ON SUCCESS RECEIVES 2016 COLAP MERITORIOUS UK LAW DURING ELECTION SEASON the general public, as the traffic to the SERVICE AWARD website shows,” said Professor Douglas. Jane Grisé, Director of Academic Success and a Legal Writing Instructor at the Professor Douglas authored a number of University of Kentucky College of Law, editorials, mostly in nationally distributed has been selected as the recipient of the outlets, on various election-related topics. ABA’s Commission on Lawyer Assistance The Good News on Voting and Democracy was Programs’ (CoLAP) 2016 Meritorious published in USA Today on October 23. Service Award. Several op-eds were also published on CNN. The award recognizes a law student, com, including: A Disputed Presidential Election law school, staff or faculty member who Would Be a Mess on November 4; McConnell, implemented a significant initiative or made denounce Trump’s ‘rigged election’ comments on a contribution toward law student mental October 17; and How the Senate Could Safeguard and physical wellness through prevention, the Election on August 30. On Election Day, education, intervention and treatment of the election law expert even made a live substance abuse, addiction, and mental appearance on CNN to respond to questions illness with the law student population. about ballot security and related matters. Grisé was nominated for this most prestigious award by Yvette Hourigan, “I’ve been amazed at how he’s been able to Director of the Kentucky Lawyer Assistance do it all, while continuing to keep up with Program, and chosen for her leadership and course preparation, meet with students, and implementation of the Dean’s Challenge participate in faculty candidate interviews,” Program at UK Law. said Scott Bauries, a colleague and Robert The Dean’s Challenge Program consists G. Lawson Professor of Law at UK Law. of a five-week challenge to introduce students to exercise, nutrition, and health Professor Douglas’ other notable media Leading up to the 2016 Presidential Election, issues, as well as yoga, meditation, and other commentary from this election season include: Joshua A. Douglas, Robert G. Lawson & programs. William H. Fortune Associate Professor of Grisé was honored last year at the ABA • Democrats Falling Short on Pre-Emptive Law at the University of Kentucky College CoLAP 2016 National Conference for Poll Watching Lawsuits, CNN of Law, worked tirelessly to inform people Lawyer Assistance Programs Annual Dinner • ‘Nightmare’ – Supreme Court Tying 4-4 across the nation about election issues through in Vancouver, British Columbia. on Election Dispute, Associated Press opinion pieces and media commentary. (published in Washington Post, Boston Globe, Philadelphia Inquirer) Professor Douglas took part in public debates • Could You Rig An Election in Kentucky?, over disputed issues, such as voter ID Louisville Courier-Journal proposition in Missouri and a proposition • Election Officials Acknowledge Voter to lower the voting age in San Francisco Fraud But Say Trump Concerns to 16, and also engaged UK Law students’ Overblown, Washington Times public outreach through the Election • The Supreme Court’s Election Day Law Society. Professor Douglas appeared ‘Doomsday Scenario’, CNN as a guest on WUKY's UK Perspectives on November 2, where he spoke about the Although Election Day has come and gone and student organization’s Election Analysis the results are now in, media inquiries have Blog. Under his supervision, law students not slowed down for Professor Douglas. He fielded questions from the general public and continues to provide commentary, participate media, and provided easy-to-understand legal in interviews, and write op-eds to ensure the explanations during the vote-casting and public is up to speed on all things election law. vote-counting process on election night. The blog received traffic from 40 of the 50 states “I am often reminded of how lucky I am and attracted visitors from 11 other countries to work with such outstanding colleagues including Ireland, Russia, and South Korea. here at UK, and this election season, I just want to say that I’m particularly proud “The event provides a valuable educational that Josh is out there shining a light on exercise for our students while also benefitting our law school,” said Professor Bauries.

18 UK LAW NOTES FACULTY EXPERTS IN THE NEWS

“Charters have been such a big hot- “He has a fiduciary responsibility “Getty is fast, their business is button political issue in Kentucky to reduce the corporation’s getting to people in journalism for so long that it would be hard tax liability. … The notion that who need [images] yesterday. for me to believe that somebody somehow he owes an obligation to There’s value added there. The wouldn't file a lawsuit to challenge the corporation to reduce his own problem here is they took Library that current legislation. I think it's taxes doesn’t make sense.” of Congress material and claimed certain it will be challenged. I don't they owned something they didn’t.” think it's likely the challenge will —Rutheford B Campbell succeed.” Spears-Gilbert Professor of Law, in the —Brian L. Frye National Memo story, Legal Experts: Spears-Gilbert Associate Professor of —Scott R. Bauries “Fiduciary Responsibility” No Excuse for Law, in Format magazine article, This Robert G. Lawson Professor of Law, Tax Avoidance $1 Billion Lawsuit Against Getty Images in the Courier-Journal article, Could Threaten Public Domain Art Could Kentucky's charter school law be unconstitutional?

MELYNDA PRICE SELECTED AS UK LAW’S UNIVERSITY RESEARCH PROFESSOR FOR 2017-18 ACADEMIC YEAR

The University of Kentucky Office of the Vice overall objective of UK’s 2015-2020 Strategic Journal of Race and Law and other legal journals, President for Research, with approval by the Plan. The program now distinguishes excellence as well as The New York Times, Tidal Basin Review Board of Trustees, selected Melynda Price, Robert across the full spectrum of research, scholarship, and Pluck! Journal of Affrilachian Arts and Culture. E. Harding, Jr. Associate Professor of Law at the and creative endeavors within each college that Furthermore, she serves as the director of the University of Kentucky College of Law, as the nominates a faculty member. African American and Africana Studies program college’s University Research Professor for the The professorship is a recognition of Professor in the university’s College of Arts and Sciences. 2017-18 academic year. Price’s work of over 10 years of research at UK Professor Price has a doctorate in political science A UK Law committee comprised of Professors Law. Her research focuses on race and citizenship, from the University of Michigan and a J.D. from Rutheford B Campbell, James M. Donovan, and the politics of punishment and the role of law in the University of Texas School of Law, and studied Louise E. Graham, chose Professor Price as the the politics of race and ethnicity in the United physics as an undergraduate at Prairie View A&M college’s nominee. She submitted a thorough States and at its borders. She is the author of “At University. application for consideration that was sent to the the Cross: Race, Religion and Citizenship in the Sixteen University Research Professors were University's selection committee on behalf of the Politics of the Death Penalty” (2015). She has also recognized for their accomplishments at a spring college. published in the Iowa Law Review, the Michigan reception hosted by President Eli Capilouto. “I am honored to be named a Professor Price was unable to attend University Research Professor. due to spending the 2016-17 academic It is a recognition from other year at Princeton University. She was respected scholars at the one of six legal scholars selected last University of Kentucky, which year for a fellowship from Woodrow makes it very special,” said Wilson School’s Program in Law and Professor Price. “My research is Public Affairs (LAPA). the result of a lot of consistent “I am delighted that Melynda hard work, and it is nice to be has been recognized for her many rewarded for that work by my achievements at UK, including her peers.” influential research on the experiences The UK Board of Trustees of African-American women,” said established the University Richard C. Ausness, Associate Dean Research Professorships in 1976 for Faculty Research and Everett H. to recognize outstanding research Metcalf, Jr. Professor of Law at UK achievements. The University Law. “She is a wonderful colleague and Research Professors Program a valued member of the College of Law was revised last year to meet the faculty.”

FALL 2017 19 FACULTY IMPACT. FACULTY NOTES

Albertina Antognini’s article The Christopher G. Bradley addition, she participated in the ABA National Law of Nonmarriage was published presented his work at the Class Actions Institute in Las Vegas, Nevada, in 58 Boston College Law Review Ohio State University Moritz as an invited discussant on the future of class 1 (2017). She also presented her College of Law. He is also actions. She also participated in the discussion work-in-progress, The Marginal working on a series of papers on of the proposed tentative draft of the Law of Nonmarriage, at the Grey Fellows’ commercial law and technology, one of which Restatement (Third) of Conflict of Laws at the Forum at Stanford Law School. will be published as part of a symposium Members Consultative Group meeting of the issue of the Chicago-Kent Law Review. American Law Institute in September 2016. Richard C. Ausness’ article Gun Finally, she has been appointed as an advisor Control Through Tort Law was Zachary A. Bray’s article for the Restatement (Third) of Torts: published online in 68 Florida RLUIPA and the Limits of Intentional Torts, appointed to the AALS Law Review Forum 89 (2017). His Religious Institutionalism, which Torts and Compensation Systems Section article Discretionary Trusts: An appeared in 2016 Utah L. Executive Committee for a five-year term, Update was accepted for publication in the Rev. 42, was re-published in and appointed to the SEALS Torts Resource ACTEC Law Journal, which is published by the most recent edition of Leslie Griffin’s Committee. the American College of Trusts & Estates Law and Religion Casebook (Foundation Counsel. His work was also cited by the Press 4th ed. 2017). In addition, the article James M. Donovan’s published California Supreme Court in Webb v. Special has also been chosen for inclusion in the the following articles: Half-Baked: Elec. Co., Inc., 202 Cal. Rptr. 3d 460 (Cal. 2016). 2017 Zoning and Planning Law Handbook, The Demand by For-Profit Finally, he participated in a BBC broadcast on published by Thomson Reuters. Businesses for Religious Exemptions “American’s Opioid Nightmare.” from Selling to Same-Sex Couples, David A. Brennen served as 49 Loy. L.A. L. Rev. 39 (2016) and Human Scott R. Bauries’ article moderator for a program Rights: From Legal Transplants to Fair (coauthored with then-student entitled, “Leadership. Action. Translation 34 WIS. INT’L L.J. 475 (2017). He Patrick Schach) was cited by the Results. Working to Build a More also contributed a chapter, Reciprocity as a Western District of Kentucky in a Open and Diverse Legal Species of Fairness: Completing Malinowski’s public employee free speech Profession,” part of the Kentucky Bar Theory of Law, in Bronislaw Malinowski’s case, Davies v. Trigg County, 2016 WL 7105931 Association’s 2017 Diversity & Inclusion Concept of Law 83-106 (Mateusz Stępień ed., (W.D. Ky. Dec. 16, 2016). His work was also Summit. He also served as a panelist at the Springer 2016). Finally, he was appointed cited in amicus briefs by the Pacific Legal Kentucky Black Caucus of Local Elected newsletter editor of the American Library Foundation in the 9th Circuit; Americans Officials (KBC-LEO) Annual Conference in Association’s Politics, Policy and International United for the Separation of Church and State June. Relations Section of the Association of College in the 4th Circuit; and the Foundation for and Research Libraries (ALA ACRL PPIRS). Individual Rights in Education in the Tina M. Brooks, along with Beau Supreme Court. Steenken and Franklin Runge, Joshua A. Douglas published recently coauthored an article the following articles: State Judges Jennifer Bird-Pollan was elected published in the July/August and the Right to Vote, 77 Ohio St. to the University Senate Council 2016 edition of Bench & Bar L.J. 1 (2016); A Checklist Manifesto for a three-year term. She was magazine, The Future of Law Libraries. for Election Day: How to Prevent appointed to the Florida Tax Mistakes at the Polls, 43 Fla. St. L. Rev. 353 Review Board of Advisors as a Rutheford B Campbell published (2016); and In Defense of Lowering the Voting peer reviewer. She participated in the George The SEC’s Regulation A+: Small Age, 165 U. Pa. L. Rev. Online 63 (2017). He Mason Antonin Scalia Law School conference Business Goes under the Bus Again, was also appointed to the Kentucky Supreme on Public Pension Reform in September 2016. 104 Ky. L.J. 325 (2016). He also Court committee on revising the Code of She also graduated from the first UK Women’s spoke on new federal securities Judicial Conduct. Executive Leadership Development Program laws and rules at the Kentucky Bar and is serving as the chair of an Ad Hoc Association’s 2016 Securities Law Conference Brian L. Frye published the Senate Committee on the University in Louisville. following articles: Aesthetic Regulations regarding Sexual Assault and Nondiscrimination & Fair Use; An Sexual Harassment. Her book chapter, The Allison Connelly was the Empirical Study of the Copyright Philosophical Foundations of Wealth Transfer recipient of the 2016 Duncan Practices of American Law Journals Taxation, was published in “The Philosophical Teaching Award at UK Law. She (with Christopher J. Ryan, Jr. & Franklin L. Foundations of Tax Law” (Oxford University also gave remarks on Law Day at Runge); Art & the “Public Trust” in Municipal Press) and her article Utilitarianism and Wealth the Kentucky State Capital in the Bankruptcy; Equitable Resale Royalties; Fixing Transfer Taxation was published in 69 Ark. L. Chamber of the House of Representatives, Forum Selling in the University of Miami Rev. 695 (2016). Finally, she taught courses at where she received the Liberty Bell Award. Business Law Review (with Christopher J. the Vienna University of Economics and Ryan, Jr.); Incidental Intellectual Property; and Business and the University of Cologne during Mary J. Davis was invited to Machiavellian Intellectual Property. Prof. Frye the summer. coauthor the sixth edition of and Christopher J. Ryan, Jr. posted a paper “The Law of Torts,” a casebook titled A Revealed-Preferences Approach to currently authored by Professors Ranking Law Schools, which will be published Christie, Sanders and Cardi. In in the Alabama Law Review. In addition, Prof.

20 UK LAW NOTES Frye programmed a film series at 21c Law Libraries last October. Empirical Study of the Copyright Practices of Lexington. Finally, Prof. Frye gave a American Law Journals (with Brian L. Frye & TEDxJLU talk to about 1000 Chinese Diane B. Kraft presented at the Christopher J. Ryan, Jr.). Finally, he published undergraduates at Jilin University in Global Legal Writing Skills a book review in the Law Library Journal Changchun on the theme “Extremum.” webinar in May on the topic of (Winter 2017) of Laura K. Donohue’s book, contrastive rhetoric in the legal “The Future of Foreign Intelligence: Privacy Eugene R. Gaetke’s work was writing classroom. and Surveillance in a Digital Age” (2016). discussed in the Jeffrey S. Moorad Sports Law Journal. Robert G. Lawson will publish a Paul E. Salamanca participated book entitled “Who Killed Betty in a panel on KET’s Kentucky Gail Brown?” in November. Prof. Tonight on the impact of Alvin L. Goldman, as a co-editor Lawson draws on police and campaign finance laws in August of the Annual Proceedings of the court records, newspaper articles, 2016. He was also quoted in The National Academy of Arbitrators, personal files and his own notes to provide an Associated Press story, “Trump Chooses edited several papers and panel invaluable record of one of Kentucky’s most Another Kentuckian for Appeals Court.” discussions for the volume that famous cold cases. will be published by BNA later this year. He Robert G. Schwemm, along with also participated in a closed conference of the Cortney E. Lollar’s article Calvin Bradford, published an Labor Law Group, held at University of Criminalizing Pregnancy was article entitled Proving Disparate California, Los Angeles, in which presenters accepted for publication in the Impact in Fair Housing Cases After and participants from the U.S. and Canada Indiana Law Journal. Inclusive Communities, in the explored changes that should be made in N.Y.U. Journal of Legislation and Public Policy. teaching and materials to reflect recent and His work was also cited in the article HMDA, future developments in the field of labor and Douglas Michael presented at Housing Segregation, and Racial Disparities in employment law. the American Bar Association Mortgage Lending, 12 Stan. J.C.R. & C.L. 249. Section of Business Law Annual Meeting in Boston on the topic, Jane Grisé was selected to be a Beau Steenken, along with Tina Faculty Fellow for Presentation “Teaching Banking Law after the Dodd-Frank Act: Pitfalls and Possibilities.” He M. Brooks and Franklin L. Runge, U, a program at UK that seeks to recently coauthored an article integrate innovative multimodal also discussed new federal securities laws and rules at the Kentucky Bar Association’s 2016 published in the July/August communication instruction and edition of Bench & Bar magazine, assignments into courses at the university. Securities Law Conference in Louisville. The Future of Law Libraries. He also presented She also started as UK Law’s new Director of “Assessing Assessment: Using Data from Academic Enhancement and Assistant Kathryn L. Moore’s article The Future of the Cadillac Tax was Outcomes-Based Assessment to Build a Better Professor of Legal Research & Writing on July LRW Program,” along with Melissa Henke, at 1, 2017. published in the N.Y.U. Review of Employee Benefits and Executive the Ohio Regional Association of Law Libraries last October. Roberta M. Harding served as a Compensation. She also media legal analyst for a CNN presented “The ‘Security’ of Social Security in 2017 and Beyond” at the Employee Benefits Richard H. Underwood was television series entitled “Death quoted in The Associated Press Row Stories.” She is also serving and Executive Compensation Section of the AALS Annual Meeting program on Broken article, Lying under oath draws as a legal analyst for “Truth, California prosecutor’s ire. Justice and the American Lie,” a film about a Promises: How Secure is the Promise of Retirement Income? Finally, she was elected claim of actual innocence in a Nebraska Harold R. Weinberg retired in murder case. Finally, she was featured in an chair-elect of the Employee Benefits and Executive Compensation Section of AALS. December after nearly 45 years online article about her use of game-based of service to UK Law. digital learning in her first-year criminal law class. Melynda J. Price’s work was quoted in The New York Times Sarah N. Welling was selected as Michael P. Healy’s work was cited Magazine article, Where the Death Penalty Still Lives. one of four UK faculty members in a 7th Circuit opinion, No. to be featured in the 2015-2016 6374-11L, King v. Commissioner of RCTF Annual Report. Internal Revenue. Franklin L. Runge presented “An Inspired Classroom or Meeting: Re-Inventing Yourself” and “Your Andrew Keane Woods testified Melissa N. Henke wrote the before the House Judiciary “Effective Legal Writing” column Approach and Listening to the Law: How Podcasts Can Enhance Committee for a hearing entitled, for the November 2016 Bench “Data Stored Abroad: Ensuring and Bar Magazine. She presented the Legal Research Classroom” at the Southeastern Chapter of the American Lawful Access and Privacy “Assessing Assessment: Using Protection in the Digital Era.” His article The Data from Outcomes-Based Assessment to Association of Law Libraries (SEAALL) annual conference in Raleigh, North Carolina. Transparency Tax was accepted for publication Build a Better LRW Program,” along with Beau in the Vanderbilt Law Review. Steenken, at the Ohio Regional Association of He also published an article entitled An

FALL 2017 21 ALUMNI IMPACT. Paying it Forwardby rebekah tilley

“Nobody succeeds alone. I stood on the shoulders of some lawyers who never had “I want to instill in others that a chance as black lawyers to practice in passion of being the best they majority firms. And I got that opportunity. can be. I want them to have I could do nothing less than make it a little a passion for politics, and to easier for all of those kids who came after have a passion for community, The law me so they will be good role models and and have passion for those good practitioners. It’s just part of what who are coming behind school has you’ve got to do. It’s no more complicated them. That’s what drives me. than that.” I’m going to move up to the made it Kentucky Court of Appeals john mcneill and ultimately the Kentucky possible for uk law '82 Supreme Court. I want “ another African-American on me to have the district court bench as well “THE LAW SCHOOL HAS as the circuit court bench. I a wonderful GIVEN ME A LOT, HAS GIVEN want someone to follow in my THE COMMONWEALTH A footsteps.” career, and LOT, THAT MAKES ME WANT TO DO THINGS TO HELP THE pamela goodwine I wanted LAW SCHOOL AND HELP ITS uk law '94 MISSION IN KENTUCKY.”

to give john mcgarvey uk law '73 “The people

something of Kentucky It’s important that we have a prosecutorial

back to the externship program because there are going to invested in me be, and will always be, future prosecutors in this and I owe a lot law school “ group. I hope that in our office they are seeing back to Kentucky and its “first-hand what it means to be an advocate for educational students.” public protection and victims of crime, but also institutions.” to be a person who ensures that defendants are jennifer coffman treated fairly. lou anna red corn carroll stevens uk law '78 uk law '84 uk law '76

22 UK LAW NOTES by rebekah tilley Pamela Goodwine

amela Goodwine (UK Law ’94) While a law student, Goodwine was Law school was most likely a profoundly formative carries herself as someone president of the Black Law Student period in your life. It’s where your professional who is daily living out her Association (BLSA) and a member of the foundation was laid for a legal career. It’s where destiny. Starting in high school, Women’s Law Caucus – organizations life-long relationships were formed. It’s where GoodwineP had her eye on the bench, she still supports today. In addition to your professional passions were discovered. inspired first by Justice Thurgood hiring interns and clerks to work with Marshall and later Justice Sandra Day her at court, she is also active in various Parents, mentors, professors, community lawyers, O’Connor. She was equipped with a programs that support minority law trail blazers, teammates, donors, and average sharp mind, a drive to succeed, and students – including the John Rowe Kentucky taxpayers all had a role to play in the parents who told her she could be Chapter of the National Bar Association success of the six people profiled here. In turn, anything she wanted to be. where she is currently serving as they are paying forward their success to the next treasurer and works to partner students generation of legal practitioners. She needed all three as life with mentors to give career guidance, circumstances threw curveball upon offer interview prep and be a sounding curveball into the valedictorian’s plans. board. John Rowe was the first African- Her elderly parents, who adopted American attorney to practice in Goodwine in their retirement years, Lexington, Ky. in 1938. Additionally, passed away with all the resulting she participates in the UK Law KLEO upheaval. Shortly thereafter, Crohn’s Program. disease forced Goodwine to drop out of college, where she endured multiple Goodwine also makes a point to surgeries, including one her doctor reach out to new minority faculty and wasn’t sure she would survive. professional staff at the law school to help make them feel welcome and “The pain was so severe and I’d comfortable in a new hometown. suffered for so long that I thought if this is God’s will, then I’m okay with “I know what it was like when I moved to that,” said Goodwine. “But if he lets me Lexington and didn’t know a soul,” said live, that must mean he has a plan for Goodwine. “It was very difficult without me. I am to make the best of this time the help of local people who knew their and accomplish the unthinkable. At way around. It’s easier when someone that time, I realized I had to go about in the community reaches out and can accomplishing the unthinkable in a help with simple things like where do I different way.” go to get my hair done?”

Two years after dropping out of college, Goodwine achieved her childhood Goodwine began taking classes again as dream in 1999 when then Governor her health allowed, graduating in 1991 – Paul Patton appointed her as a Fayette almost 10 years after her freshman year. District Court Judge, becoming the first She went on to law school where “my African-American woman in the local ponytail and my sweats” distracted her judiciary. Two months later, she won fellow students from her non-traditional the election for the judgeship outright. student status. When her friends found In 2003, she was elected to the Fayette out how old she was “…then I became Circuit Court. She now serves as Chief everyone’s mom,” laughed Goodwine. Regional Judge for the Fayette County region. In 2012, she received the Trial Judge of the Year award from the Kentucky Justice Association.

“Despite all of those accomplishments, I’ve never stopped dreaming,” said Goodwine. “What I ultimately want to do as a role model is to ascend the judicial hierarchy. I want to be on the Kentucky Supreme Court and perhaps the federal judiciary at some level.”

In the meantime, she is doing all she can to mentor others to follow the path she 22nd judicial circuit of fayette county blazed.

FALL 2017 23 Carroll Stevens

ven though he left Stevens served as an associate Kentucky in 1987, dean at Yale Law School Carroll Stevens for 18 years. He continued (UK Law ’76), vice to give back to the college presidentE for advancement at by serving on the Visiting Claremont McKenna College Committee, and with thoughtful in California, just can’t quit and deliberate monetary the place where his forbearers donations to the college. have lived for over 300 years. He regularly comes back When working with UK law to the Commonwealth to students who wanted to go into provide leadership for the public service jobs, Stevens college as part of the Visiting learned first-hand the economic Committee and to “fill up my challenges of pursuing those CLE bucket” at Kentucky careers and directed scholarship Bar Association meetings. donations to meet that need. When asked to donate funds The Daviess County, Kentucky for a new building, Stevens native got his start in university had a unique formula for advancement at the college determining what amount to shortly after he graduated in give. As a higher education 1976. Under the leadership of administrator, Stevens knew then-Dean Tom Lewis, Stevens what it actually cost to deliver and Professor Paul Van Booven higher educational services, were tasked with creating and and the true cost of his expanding the administrative education went well beyond support structure within the his law school tuition. During law school. Van Booven was the time he was a law student, “Mr. Inside” and took over Kentucky taxpayers heavily administration and faculty subsidized his education. affairs, while Stevens was “Mr. Outside,” handling career “I tried to calculate or services, alumni relations, understand that actual cost,” and development. Under explained Stevens. “And if, for his leaderships, the college instance, UK law school had started the Lafferty Society taken that same amount of giving program and created money that it spent on me and the Visiting Committee, put it into an endowment, what a board of advisors and that amount would now be advocates for the college. worth given the compounding effect. My family just didn’t “The school had a lot of success have the means to support me during that period. This is so, through a combination of when Tom Lewis was dean scholarships and work, I paid followed by Bob Lawson – both for college and law school very popular and successful myself. I computed roughly deans – and we began to draw the difference between what some national attention and it had cost me compared to our ratings began to rise. I felt what it had actually cost the very fortunate to be part of institution and I did a little that and to have already begun compounding exercise and to contribute to an institution came up with a figure.” that had done so much for me vice president for advancement in terms of career formation. “I said to myself, ‘This is what It helped me develop an I owe because Kentucky at claremont mckenna college identity and a following in legal could have invested in itself education which led me to be rather than investing in me. recruited by Yale Law School.” I want to repay that debt.’”

24 UK LAW NOTES – hasbeengreatly rewarding.” then laterprosecuting thosewhoinjure otherpeople representing someonecharged withacrimeand a process thataffectedpeoplesopersonally–like have beeninjured. For me, simplybeinginvolved in good contract orsoundwills, orassisting peoplethat And forsomepeopleameaningfulcareer iswritinga Corn. “Everyone wants tohave ameaningful career. professional satisfaction,probably ten-fold,” saidRed compensation it makes upforinpersonal and “Certainly whatprosecutorial work lacksinmonetary in publicservice. new generation of law students to consider a career Red Corn plans to continue it in part to encourage a began the prosecutorial externship program, and predecessor Ray Larson’s retirement in2016. Larson by Kentucky Governor Matt Bevin after her the Commonwealth’s Attorney, she was appointed almost 30years intheFayette CountyOfficeof before transitioning intoprosecutorial work. After Red Cornbeganhercareer asapublicdefender because ofthosethings.” people. Ibelieve partofmysuccessasaprosecutor is sense ofwhat’s fairandwhat’s rightandhow totreat a memberofminorityhashadanimpact on my Red Corn.“To thatextent, beingOsageand are, the color of their skin, the way they speak,” said things like where theycomefrom orwhotheirpeople “He instilled inusthatwe cannotjudgepeopleon prejudice inOklahoma. moved toLouisvilleescapeoverwhelming racial marrying Red Corn’s father, andthefamilyeventually Red Corn’s mother’s whitefamilydisowned herfor that profoundly impacted every area of hislife. Nation, Red Corn’s fatherfacedracial discrimination by herfather. Afull-bloodedmemberoftheOsage person’s humanitywas deeplyengrained inRed Corn The importanceofjustice andhonoringevery good prosecutors.” future whilealsocultivating another generation of may impacttheirpractice andapproach law inthe opportunity forlaw students toseesomethingthat and civiltoeachother. Ourexternship program isan lawyers would gointopractice beingfairandhonest is trueinthecivilpractice –you would hopethat coming outoflaw school,” saidRed Corn.“Thesame “Those are important lessonstoknow andunderstand prosecutorial externship program. on every law student who comes through her office’s than courtroom skills, it’s what she strives to imprint every victimandevery defendant.And,even more Lou Anna Red Corn L courtesy. It’s whatshestrives tobring as Lexington’s topprosecutor: fairnessand guiding principlesthatgovern herwork ou AnnaRed Corn(UKLaw ’84)hastwo commonwealth’s attorney for fayette county, ky. FALL 2017 25 partner, landrum & John shouse llp McNeill

hen John McNeill (UK Law ’82) was a fourth grade student in a poverty-stricken area of North Philadelphia in the 1960s, his teacher brought in a white female lawyer to talk to the class. W“She talked about problems that I would hear my father and his friends talk about when they would sit around just hanging out,” said McNeill. “Things like ‘I wish I had someone who could have read this lease before I signed it.’ My dad was a hardworking man, but not an educated man. What she talked about was how lawyers could do all those little things my father and adults in my life had problem with.”

That moment planted a seed that eventually took McNeill to Wyoming for college and then to the University of Kentucky College of Law. As a law student, McNeill was active in the Black Law Students Association (BSLA), at that time called BALSA. In his second year, McNeill and five other fellow BALSA students began a diversity workshop for historically disadvantaged students – including African-Americans, women and eastern Kentucky first generation college students – giving them information on how to study for and take the LSAT, what law school classes were like, and opening doors of opportunity. This was before the current KLEO Program ever existed.

“Dean Thomas Lewis and Carroll Stevens were extremely helpful to our small BALSA organization,” recalled McNeill. “The law school helped us a little with the financing. We contacted all the universities in the central, northern, and eastern parts of the state. Kids came in and we had an all-day program and it has continued ever since. That’s something we’re proud of starting.”

After graduating and beginning his legal career – becoming the first African- American hired by a majority-owned Lexington, Kentucky law firm – McNeill continued being active with BLSA both formally and informally. McNeill also helped revitalize the John Rowe Chapter of the National Bar Association. McNeill served as president of the John Rowe Chapter from 1990-1994 and 2000-2002.

McNeill has also been supportive of law school scholarships – perhaps foremost the Ollen B. Hinnant Scholarship for minority and historically disadvantaged law students. Hinnant was the first African-American graduate of UK Law. Though he was born and raised in Lexington, Hinnant spent his legal career practicing in New Jersey due to the lack of employment opportunities for African-American attorneys in Kentucky. Upon retirement, Hinnant returned to Lexington where he went out of his way to encourage McNeill and others – both practitioners and law students – as they navigated a profession that was more open to people of color than it had been when Hinnant graduated, but still had a long way to go.

“I’ve seen that progress,” said McNeill. “We now have African-American judges like Denise Clayton, Pamela Goodwine, Gary Payne and Brian Edwards. We have young African-American lawyers who routinely graduate from law school and get hired by majority-owned firms, when that wasn’t even on the radar when I was coming out of law school. When I was hired by Landrum & Shouse in 1985, I thought of myself as a shock troop hitting the shore, and everything I did would reflect on opportunities for generations of lawyers to come after me. Now that I’m in the twilight of my career, I’m trying to provide an example of how to handle being a seasoned lawyer. This is a noble profession and you have an obligation to do it right.” 26 UK LAW NOTES John McNeill Jennifer Coffman

lmost 40 years ago, Jennifer Coffman (UK Law ’78) and “One thing you can’t do as a sitting judge is help raise money,” said her husband, Wes, were about to graduate from law school Coffman. “Part of the reason I retired is because I wanted to help and dental school respectively. They sat down and had with fundraising at several places – one being the law school. When a conversation that set the trajectory of their careers I was a student 40 years ago, the philanthropic efforts hadn’t begun Aby asking: how will we measure our professional success in non- at the law school because it was probably 90 percent funded by the monetary terms? state. A lot has changed in 40 years.”

“While I don’t remember how we answered the question all those years ago, it’s clear now that we settled on our family, our friends, doing public service, being of value, and helping others,” said Coffman. “That’s how we measure our nonmonetary success. We’ve been married for almost 48 years and one thing we’ve done particularly well together is always ask each other the right questions.”

After thriving in private practice under the mentorship of Arthur “Al” Brooks (UK Law ’59) – “… the best mentor anyone could ever, ever, ever have,” said Coffman – she went on to become the first female federal judge in Kentucky in 1993, and the first female federal chief judge in 2007.

One of her great joys while a judge was the growing cohort of interns and clerks whom she mentored long after they left her chambers. When she retired from the bench in 2012, she began teaching the judicial externship class where she assigns students to work with her former colleagues.

“I knew that after leaving the bench I would miss my clerks and interns, and when the law school asked me to teach the class I accepted because I knew it would give me an opportunity to maintain my contact with students,” said Coffman. “When I retired, my former law clerks started a fund at the law school in my honor to provide a stipend for interns in state and federal courts who otherwise wouldn’t be able to work without pay. My law clerks knew how important that is to me.”

Coffman also facilitates the visiting judge lecture program known as the “Judicial Conversation Series.” The Judicial Conversation Series is an opportunity to provide thoughtful and engaging interactions between distinguished members of the judiciary and law students. Coffman coordinates the day-long program, which includes moderating a public discussion, classroom lectures, and informal gatherings.

In addition to all this, she also encouraged student philanthropy at the law school, helping to facilitate the new tradition of a class gift retired u.s. district judge, from graduating law students to the law school. eastern and western districts of kentucky

FALL 2017 27 John McGarvey

ver the years, John McGarvey (UK third because it makes us better lawyers. recalls that Professor Gene Moody taught Law ’73) has been a vibrant and Article 9 may be the area of law where my Articles 1-9 of the UCC in one four-hour constant advocate of the college. primary area of expertise is, but if I teach course. A shareholder and chair of the it, it forces me to go through every section Oexecutive committee of Morgan & Pottinger, of Article 9 at least once a year. It keeps me “Everybody hated it. In 1972 or 1973, if you the former alumni association president refreshed and it keeps me challenged because told me I was going to become something of and member and chairperson of the Visiting second and third year students don’t mind a UCC specialist and end up teaching part of Committee said one of his favorite ways to attempting to play ‘Stump the Professor.’” it at UK, I would have told you that you were give back to the college is by teaching the absolutely nuts. It’s funny how things turn out next generation as an adjunct instructor. As a law student in the early 1970s, McGarvey sometimes.”

“It’s the most fun thing I do,” said McGarvey. “While you’re there, you just focus on what you’re doing. There’s no telephone, there’s no email. To me it was a very relaxing experience. My wife will tell you I’m in a better mood the nights I got home from teaching than any other days of the week.”

McGarvey’s legal practice concentrates in the representation of banks and other lenders in litigation and matters under the Uniform Commercial Code (UCC). He is a recognized expert on Article 9 and has shared that expertise with UK Law students as an adjunct instructor since 2002. Article 9 has evolved considerably over the years that McGarvey has taught the class, and UK Law students benefited from McGarvey’s first- hand knowledge.

McGarvey is a member of the American Bar Association's Section of Business Law and the Committees on the UCC, Commercial HOMECOMING & Financial Services and Banking Law. He represents Kentucky as a commissioner ALUMNI RECEPTIONS to the Uniform Law Commission and is a division chair for the ULC, serving on the Permanent Editorial Board for the UCC. From 2008-2010, McGarvey served on the Commission’s Joint Review Committee for Article 9 of the UCC, where he was a drafter of the 2010 amendments, and subsequently as co-chair of the Enactment Committee for the 2010 amendments to Article 9 that are now the law of all 50 states.

“No adjunct teaches for the money,” said shareholder and chair, McGarvey. “We do it first because we morgan & pottinger enjoy it, second because we’re giving back to another generation of students, and

The College of Law has long cultivated a culture that strives to “rise by lifting others.” It can be seen in the comradery of the student body. It’s found in the open door habits of the faculty. Alumni carry those values with them into their profession: first being mentored in the law, and then turning around and doing the same for others. These six stories only hint at the many ways, large and small, that alumni like you are paying forward their successes. We salute them and we salute you.

28 UK LAW NOTES SAVE THE DATES

Friday, October 6, 2017 CLASS REUNIONS Lexington, Kentucky

Saturday, October 7, 2017 HOMECOMING TENT PARTY Lexington, Kentucky

HOMECOMING & ALUMNI RECEPTIONS

SAVE THE DATE

Tuesday, November 14, 2017 CHAMPIONS CLASSIC ALUMNI RECEPTION Chicago, Illinois

FALL 2017

ALUMNI IMPACT.

FALL 2017 31 ALUMNI IMPACT. Chief Justice of the United States Visits UK as First Speaker for the Heyburn Initiative

by whitney harder

University of Kentucky College of Law students firsthand from some of our nation’s leaders in and how important is it to the work of the Court?” as well as judges, lawyers, and clerks from across law, including other distinguished members Kentucky were provided an extraordinary of the judiciary and lawmakers, and helps “It is critically important,” answered Chief Justice opportunity on February 1 as the Hon. John G. UK Law continue its tradition of excellence.” Roberts. “When you think about it, if you pick Roberts Jr., Chief Justice of the United States, nine people at random, if you throw them all visited the UK campus as the first speaker Chief Justice Roberts spoke to a large audience together and say that for the next 20 years, you’re for the newly established John G. Heyburn II in the Kincaid Auditorium, which is located in going to decide some of the most important Initiative for Excellence in the Federal Judiciary. the Gatton College of Business and Economics. issues ever to face the country, you immediately He began with a tribute to the 11 Supreme Court realize that you have got to find a way to get “It is both an honor and a privilege to welcome justices who came from Kentucky and then along, or else it’s going to be a long 20 years.” the Hon. Chief Justice Roberts as the first shared an inside look at the nation’s highest speaker in the John G. Heyburn II Lecture court through a Q&A session with James C. Duff, Chief Justice Roberts was born in Buffalo, New Series,” said David A. Brennen, Dean of the director of the Administrative Office of the U.S. York, on January 27, 1955. He married Jane Marie College of Law. “The inaugural Heyburn Courts and former UK basketball player. Director Sullivan in 1996 and they have two children — Initiative event marks the beginning of Duff asked the chief justice myriad questions, Josephine and Jack. He received his bachelor's countless opportunities for our students to hear including “How do you encourage collegiality degree from Harvard College in 1976 and a juris

32 UK LAW NOTES doctor from Harvard Law School in 1979. He served as a law clerk for Judge Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1979– 1980 and as a law clerk for then-Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 term.

He was special assistant to the attorney general, U.S. Department of Justice, from 1981–1982; associate counsel to President Ronald Reagan, White House Counsel’s Office, from 1982–1986; and principal deputy solicitor general, U.S. Department of Justice, from 1989–1993. From 1986–1989 and 1993–2003, he practiced law in Washington, D.C. He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003. President George W. Bush nominated him as chief justice of the United States, and he took his seat on September 29, 2005.

The conversation followed a conference panel, featuring University of Michigan Professor Pamela Brandwein, Federal Judicial Center Director Jeremy Fogel and Chief Judge of the United States Court of Appeals for the Fifth Circuit Carl E. Stewart. The panel also brought inspiration to the audience through a discussion about the history and judicial courage of numerous judges. Similar to the chief justice, the panelists highlighted the importance of collegiality as it relates to the work of the courts.

“One of the hallmarks of being a federal judge is collegiality,” said Chief Judge Stewart. “So much of what we do is girted by the fact that very smart people, men and women, may disagree about legal principles, but it’s the collegiality that really allows the rule of law to work.”

Preceding the event, Chief Justice Roberts met with a small group of UK law students.

The Heyburn Initiative, a national, nonpartisan federal judicial initiative, was announced in October 2016 by President Eli Capilouto, U.S. Senate Majority Leader Mitch McConnell, and Dr. Martha K. Heyburn. In partnership with the UK College of Law and UK Libraries, the initiative established a national lecture series on relevant judicial topics and is launching an archives and oral history program for Kentucky’s federal judges.

Based on the recommendation of Sen. McConnell, President George H.W. Bush appointed Judge Heyburn to the United States District Court for the Western District of Kentucky in 1992. He served as chief judge in the Western District of Kentucky from 2001 to 2008.

“The John G. Heyburn Initiative for Judicial Excellence is a perfect tribute to my friend,” Sen. McConnell said in October. “John was kind, he was thoughtful, he was principled — and the Heyburn Initiative will remind us that these virtues count both on the bench and in life. Dedicated to the preservation and study of judicial history in Kentucky, I look forward to the Heyburn Initiative becoming an integral part of Kentucky’s judicial community and a national focal point and destination for all students of our legal system.”

For more information about the John G. Heyburn II Initiative for Excellence in the Federal Judiciary, visit www.heyburninitiative.org.

FALL 2017 33 ALUMNI IMPACT. 2017 UK LAW HOSTS 7TH ANNUAL SPONSORS hole-in-one sponsor G LF TOURNAMENT Sherman Carter Barnhart Architects cheat sheets The University of Kentucky College of Law Keeneland Association, Inc., Keene Trace Golf Serif Group Creative Marketing Agency hosted its 7th annual golf tournament on May 15 Club, Kentucky Horse Park, Lavendel Massage, at the world class Keene Trace Golf Club. UK Law Lexington Healing Arts Academy, Lexington alumni, faculty, students, and friends swung by Legends, Louisville Bats, UK Law’s Office of food the Champion Trace Course for a day of friendly Continuing Legal Education, Massage Envy, Azur Restaurant & Patio competition and a “hole” lot of fun. Mind Over Body, Parlay Social, Progressive Marketing, Sala Studio, Sash and Bow, Skin This year’s tournament, a four-person team Care by Megan Renee, Sky Zone Trampoline bags provided by best ball scramble, resulted in $6,000 in profit Park, Southland Printing, Talon Winery, Ted’s UK Federal Credit Union to benefit students at the law school. Since Montana Grill, The Club at UK’s Spindletop Hall, its inception in 2011, the golf tournament and Zone Fitness for You. has netted nearly $75,000 to support student hole sponsors scholarships and place students in public interest UK Law is already making plans for next year’s opportunities. event – be on the lookout for details! We’ll see Kentucky Court Reporters

you on the green in 2018. Students to Benefit Funds Raises ​Landrum & Shouse LLP Last summer, as well as this summer, rising UK Alumni Association third-year law student Tatum Isaacs received a placement at the Kentucky Department for UK Law Alumni Association Public Advocacy’s Lexington office. “My time at Wyatt, Tarrant & Combs, LLP the Kentucky Department for Public Advocacy has allowed me to use my legal education to pursue my passion for the criminal justice system and help those in need while still building upon the concepts I learned in the classroom,” said Isaacs. “I’ve had the opportunity to learn about the law while also seeing the impact it can have on people's lives.”

The day culminated with an awards dinner, where first, second, and third place teams were awarded trophies. The UK Law student team of Kyle Bunnell, Hunter Jones, Alex Misback, and Trey Wilkerson finished 20-under par to take first place. The team of Andrew Brown, Dr. Gary Brown, Larry Brown (UK Law ’81), and Ben Cooksey came in second and the team of John Brice (UK Law ’79), Brian Burton, Jason Lee (UK Law ’08), and Daniel Waxman (UK Law ’08) finished third. “Longest Drive” winner, Trey Wilkerson (Hole #8), and “Closest to Pin” winner, John Steiner (Hole #16), were awarded a package that included a cleat bag, golf towel, and hat.

The 14 teams of golfers were able to partake in a silent auction for prizes including Cincinnati Reds Diamond Seat tickets, an overnight stay at 21c Museum Hotel in Lexington, four Reserved Grandstand seats at Keeneland, four Club Seats at a Lexington Legends game, and more.

Monetary and in-kind donations were given by the following: 21c Museum Hotel, Ale-8-One, Atea Beauty, Bill Reik, Bluegrass Hospitality Group, Ethereal Brewing, Graeter’s, Hilary J. Boone Center, Hilton Lexington Downtown,

34 UK LAW NOTES FALL 2017 35 ALUMNI IMPACT. CLASS NOTES 2010’s Tia J. Combs (2011) was named Sarah Cronan Spurlock (2009) Joseph Brown (2016) joined to the list of 2017 Kentucky was promoted to member of English, Lucas, Priest and Owsley, Super Lawyers “Rising Stites & Harbison, PLLC. LLP, in Bowling Green, as an Stars.” She is an associate in associate. He is practicing in Mazanec, Raskin & Ryder’s employment and education law. Lexington, Kentucky office. Jennifer Barber (2008) was appointed to the UK Board of Charles Otten (2016) joined Patrick D. Schach (2011) Trustees by Governor Matt Bevin. Morgan & Pottinger, P.S.C. He joined the Birmingham will support several of the office of Bradley Arant Boult firm’s practice areas including Cummings LLP as an associate. Charnel M. Burton (2008) was promoted banking and finance law, to directing attorney of the Hazard business law and litigation, employment Alexander G. Staffieri (2011) was promoted to Office of AppalReD Legal Aid. and labor law, and real estate law. member of Stoll Keenon Ogden PLLC. Jamie Wilhite Dittert (2008) Meredith Berge Reeves Stephanie Wurdock (2011), was appointed to serve as (2016) joined Sturgill, Turner, of Sturgill, Turner, Barker a member of the Advisory Barker & Moloney, PLLC as & Moloney, PLLC, was Committee for The Plantory’s an associate practicing in the appointed by the President Get On Board program. firm’s Employment Law, Higher of the Defense Research Education Law, and K-12 Schools Law groups. Institute, John E. Cuttino, to serve as the 2017 Co-Vice-Chair of the Public Service James C. Nicholson (2008) released Subcommittee for the DRI Philanthropic a new book entitled, “The Notorious (2015) David W. Harper, Jr. Committee. She was also appointed to serve John Morrissey: How a Bare-Knuckle joined the law firm of as a member of the Advisory Committee Brawler Became a Congressman and Bass, Berry & Sims PLC. for The Plantory’s Get On Board program. Founded Saratoga Race Course.”

Daniel Mudd (2010) was Matt Parsons (2008), of Stoll (2013) joined Brian Epling appointed a member of Keenon Ogden PLLC, received Arant Boult Cummings LLP’s Frost Brown Todd’s Tax and the Fayette County Bar Nashville office as an associate. Benefits Practice Group. Association’s 2017 Outstanding Young Lawyer Award.

Langdon Ryan Worley (2013) joined Luke A. Swain (2010) was selected for the Carl N. Frazier (2007), Dinsmore & Shohl LLP’s 2017 Get On Board class. Stoll Keenon Ogden PLLC Louisville office as an associate in attorney, was one of three the firm’s Corporate Department. young lawyers honored by the American Bar Association Lindsay Wright (2010), (2013) joined Young Lawyers Division. He was a finalist Rebecca Wichard Compliance Officer for Stites & Harbison, PLLC’s for the 2016 William Reece Jr. National Fayette County Public Lexington, Kentucky office. Outstanding Young Lawyer Award. Schools, was selected by She is part of the Construction Commerce Lexington for its and Litigation & Appeals Leadership Lexington Class of 2017. Roula Allouch (2006) was Service Groups. She was also selected for the featured in The New York inaugural Elevate Kentucky Class of 2017. Times in a Q&A entitled, “Roula 2000’s Allouch on Muslims and travel.” Christopher G. Colson (2009), (2012) Curtis M. Graham Fowler Bell PLLC attorney, was named to the list of 2017 became a member of the firm. Sharon Gold (2004) was Kentucky Super Lawyers selected by Commerce “Rising Stars.” He is an Lexington for its Leadership associate in Mazanec, Raskin Lexington Class of 2017. & Ryder’s Lexington, Kentucky, office. Jacob Michul (2009) joined Bingham Greenebaum Doll LLP as an associate in the firm’s Christina L. Vessels (2004)

Abigale “Abby” Rhodes Green Lexington, Kentucky office. was named to the list (2012) joined Grossman & Moore, of 2017 Kentucky Super PLLC, as an associate attorney. Lawyers “Rising Stars.” J.R. Skrabanek (2009) joined the Snell Law Firm as senior litigation counsel.

36 UK LAW NOTES J. Michael Hearon (2003) was James d’Entremont (1998) Nashville-based counsel John F. Rogers, included in the National LGBT joined Thompson, d’Entremont, Jr. (1989) joined Burr & Forman LLP’s real Bar Association’s 2016 class of the Hansen & Robin, LLC in estate practice. His addition is part of Burr & 40 under 40 Best LGBT Lawyers. Baton Rouge, Louisiana as Forman’s continued expansion in Nashville. a shareholder/member. Mark A. Noel (2003) joined Barry M. Miller (1988) was Graydon Head & Ritchey LLP Chrisandrea Turner (1998) named to the list of 2017 as an associate attorney. was elected as chair of Kentucky Super Lawyers. Women Leading Kentucky.

Leila O’Carra (2003) joined the Lexington, Ann Catino (1987), of Halloran Kentucky office of Littler, the world’s Heather Culp (1997) was elected president- & Sage, was named to the largest employment and labor law practice elect of the Mecklenburg County Bar. list of 2017 Super Lawyers. representing management, as special counsel. Kimberly Henderson Baird Jonathan L. Baker (2002) joined (1996) was named first assistant Cornelius E. Coryell (1987) Wyatt, Tarrant & Combs, LLP. in the Office of the Fayette was recognized by Benchmark Commonwealth’s Attorney. Litigation 2017 as a “litigation star” for the publication’s Margaret Levi (1995) of 10th Anniversary Edition. Mandy Wilson Decker (2002), Wyatt, Tarrant & Combs, LLP Stites & Harbison, PLLC attorney, updated Kentucky employers Karen J. Greenwell (1985) was recognized on the 2016 by writing the third edition was honored with the 2016 “Top 250 Women in IP” list. of her book, The Impact of John L. McClaugherty Award Health Care Reform on Kentucky Employers. for distinguished service at P. Branden Gross (2002) joined Bingham the Energy & Mineral Law Greenebaum Doll LLP as a partner in W. Craig Robertson, III (1993) Foundation’s 37th Annual Institute. the firm’s Lexington, Kentucky office. was named Partner in Charge of Wyatt, Tarrant & Combs, LLP’s Teresa T. Combs (1983) joined the firm of Lexington, Kentucky office, the Mazanec, Raskin & Ryder Co., L.P.A. as a M. Scott McIntyre (2001) firm’s second largest office. was elected President of the partner in its Lexington, Kentucky office. Cincinnati and Northern Kentucky Chapter of the Paul Harnice (1992) was Bill Geisen (1982), of Stites Federal Bar Association for appointed to the Kentucky & Harbison, PLLC, was 2016-17. He is an equity partner at Baker State University board by named the first president of and Hostetler LLP and coordinator of the Governor Matt Bevin. the Construction Lawyers firm's employment and labor practice. Society of America (CLSA), Anne Gorham (1991), Stites an international honorary society. Andrea Mattingly & Harbison, PLLC attorney, Williams (2001) was was named a Fellow of Kerry B. Harvey (1982), former United States named second assistant in the Construction Lawyers Attorney for the Eastern District of Kentucky, the Office of the Fayette Society of America. joined the Dickinson Wright PLLC’s Commonwealth’s Attorney. Lexington, Kentucky office as a member. Brian Cromer (1990), Stites Emily Roark (2000), of Paducah, Kentucky, & Harbison, PLLC attorney, Deputy Chief Justice Mary C. Noble was interviewed by Dateline NBC about was re-elected to the GLI (1982) received the Liberty Bell Award serving as the defense in a death penalty Board of Directors. He was for her service to the Commonwealth murder trial. also confirmed to serve on and the Kentucky Court of Justice. University of Louisville’s Board of Trustees. 1990’s David W. Seewer (1981), of Joshua R. Denton (1999) was 1980’s Wyatt, Tarrant & Combs, LLP, named section leader of Gullett Allyson True Cook (1989) joined was appointed to Leadership Sanford Robinson & Martin Stites & Harbison, PLLC, as Kentucky’s Board of Directors PLLC’s Litigation Section. counsel to the firm based in the for a three-year term. Covington, Kentucky office. Lisa Wilson (1999) joined the Dallas office of national law firm Wilson Elser as partner.

FALL 2017 37 ALUMNI IMPACT.

UK Law Hosts Brunch

1970’s to Honor 2016-17 Scholarship James W. Gardner (1978) joined Sturgill, Turner, Barker & Donors, Recipients Moloney, PLLC’s Utility & Energy Law Practice Group. He was also selected by Commerce Lexington for its Leadership Lexington Class of 2017. On February 11, 2017, University of Kentucky College of Law students, alumni, and friends gathered at Copper Pierce W. Hamblin (1977) was Roux for a brunch in honor of the 2016- awarded the Kentucky Bar 17 scholarship recipients and donors. Association’s Distinguished Lawyer Award for 2017. The event gave over 60 exceptional law students and donors the opportunity Chief Justice of Kentucky John to fellowship. Students expressed their D. Minton Jr. (1977) was elected appreciation to the generous alumni to serve a one-year term as and friends of UK Law, and the donors president of the Conference learned firsthand how big of an impact of Chief Justices and chair of they are making in the lives of current the National Center for State Courts Board students. of Directors. President Barack Obama also nominated him to serve on the board of David A. Brennen, Dean and Professor directors of the State Justice Institute (SJI). of Law at UK Law, gave remarks over breakfast. He emphasized the key role that donors play in ensuring that Bill Garmer (1975) served as students have the opportunity to president-elect of the Kentucky pursue their dreams of obtaining a Bar Association (KBA) for a one- quality legal education at UK. year term, beginning July 1, 2016. For the 2016-17 academic year, UK Law Stephen Bright (1974) was honored proudly awarded 73 scholarships to for the next generation of UK Law at the Southern Center for Human nearly 300 deserving students, totaling students.” Rights’ annual Georgia reception, Justice almost 3 million dollars. Taking Root, for his retirement from the Jalyn Hewitt, a first-year law student, Southern Center for Human Rights. “I ask that you, as recipients, reflect followed with a heartfelt thank you on how meaningful scholarships have to donors on behalf of the students. been to you and your education,” said Hewitt is a recipient of the Class of 1949 Mark Bryant (1973) was interviewed Dean Brennen. “I encourage you to Fellowship, the Chancellor Scholarship, by Dateline NBC about serving as the consider making a gift to scholarships and the KLEO Scholarship. defense in a death penalty murder trial. “Being a scholarship recipient allows William E. Davis III me to focus and dedicate myself to my (1973) received the 2016 school work full time,” said Hewitt. “I National Center for Race would not be able to pursue my lifelong Amity Medal of Honor. dream and now goal of becoming an attorney without donors who have K. Gregory Haynes (1970), was taken the time to support law students recognized by Benchmark through scholarships. There are not Litigation 2017 as a “litigation enough words to describe how thankful star” for the publication’s 10th we are for your support.” Anniversary Edition. Hewitt aspires to one day give back to 1960’s UK Law, providing support to future law students in the same way. Jerry J. Cox (1968) was sworn in as treasurer of the National Association of The scholarship brunch is one of many Criminal Defense Lawyers (NACDL) at ongoing ways in which UK Law thanks the Association’s 59th Annual Meeting. our scholarship donors and recognizes our scholarship recipients.

38 UK LAW NOTES WILLIAM T. ROBINSON | 1945 – 2017 As told by his friend, Charles E. English

The love of Bill Robinson’s life was family Chamber of Commerce. Perhaps Bill’s most first, with his love for the legal profession and outstanding trait that allowed him to achieve community service running close behind. We so many accomplishments and successes in were close friends. We both looked forward the community was his driving commitment to to weekend phone calls. We both shared further cooperation among private organizations, common interest in the Bar and the University local and state government, and anyone else of Kentucky College of Law. We usually spoke he thought should be involved. Bill could see about both in our telephone calls. In the final what needed to be done and would work totally weeks of his life, we spoke almost daily. Bill’s intently until it was complete – and would follow interest in the new building for the law school the project with selfless dedication as long as was all-consuming. We served on the College of needed. Law Visiting Committee and worked from the early days to gather interest in and support for Bill’s active role in the American Bar Association the new building. In the final weeks of Bill’s life, spanned more than thirty years – first as a he made frequent inquiries on the progress of young lawyer, then as a member of the House the University’s final approval and authorization of Delegates, then later as Treasurer, and then for construction of the new building. Bill was as President. He did almost everything there was comforted to receive personal notification to do in a leadership role in the ABA. He served from the University of the final approval and on more committees and championed more authorization for the building to proceed just a causes than I can recall. As one of his partners few days prior to his death. pointed out, “his optimism and determination were infectious and will be greatly missed by all. The College of Law recognized Bill’s interest We have lost not only an exceptionally creative in the College of Law and his contributions to and dedicated lawyer but also a genuine friend. the legal profession by naming him to its Hall He fought tirelessly to secure adequate court of Fame. Bill’s life serves as an example for all funding. During his term as ABA President, he of law in Kentucky. Some of the programs he attorneys, especially young attorneys entering focused on the issue pushing constantly for supported were providing continuing legal the practice. All attorneys should strive for his state courts to get the money they needed. By education with no cost to all Kentucky attorneys, balanced interest in family, community service, shining a bright public spotlight on the human establishment of the Kentucky Bar Foundation and the profession. His contagious energy and consequences of unfunded courts – including the with IOLTA funding, the updated Rules of enthusiasm for life and service to others should late justice for individuals and long lines around Professional Conduct, the right of an attorney serve as a guidepost for all members of the courthouses – he is credited with convincing charged with a disciplinary proceeding to have profession. He utilized his high-octane energy many state legislatures to address the issue.” At an oral argument before the Board of Governors, to balance his life, always with time for family the time of his death, he was Chair of the ABA active encouragement and support of women and friends and with indefatigable service to the Standing Committee for the Judiciary. and minorities in bar leadership roles, and community and Bar. providing affordable malpractice insurance to Bill advocated for the rule of law and judicial all members of the Kentucky Bar through a Bar- Examples of his community service include independence abroad, particularly in forums related insurance program. service to his undergraduate alma mater, in Ireland and India. Notwithstanding Thomas Moore College, and Redwood Children’s his indefatigable energy nationally and Bill’s life demonstrates to all attorneys that Home. He received the Learned Hand Award internationally, his primary passion always lay even busy lawyers can make a difference from the American Jewish Committee. Bill’s with the Kentucky lawyers and the Kentucky through maintaining an active life with family, efforts in economic development involved judiciary. Bill served on the Board of Governors community, and the profession. Bill coined not only Northern Kentucky but the entire of the Kentucky Bar Association for ten years the phrase “Upward and Onward,” which he Commonwealth. He was influential in and served as President and Vice-President for practiced until his very last days. Even though establishing the Northern Kentucky-Tri County two of those years. During his time on the Board his life was cut short by cancer, he was at peace Economic Development Corporation. He served of Governors and as President of the Kentucky with his future. as chair of the Northern Kentucky International Bar, he was instrumental in several endeavors Airport Board and Chair of the Kentucky that will have a lasting impact on the practice Now he belongs to the ages.

Mr. Stanley M. Saunier, Jr., 1947 Mr. Stephen S. Frockt, 1966 Mrs. Pamela Todd May, 1978 Mr. Calvert T. Roszell, Jr., 1948 Mr. Henry E. Hughes, Esq., 1966 Mr. Robert L. Whittaker, 1980 Mr. John T. Pryor, 1949 The Honorable Barlow Ropp, 1966 Mr. Robert M. Melvin, 1982 Capt. James R. Bruner, 1954 Mr. Harry M. Snyder, Jr., 1966 Ms. Eleanor H. Leonard, 1984 Mr. Morris E. Burton, 1954 Mr. A. Duane Schwartz, 1967 Mr. Berry Conway, 1987 Mr. Gardner L. Turner, 1954 Mr. David K. Layton, 1971 Estate of Frederick B. Kieckhefer, Jr., 1987 Mr. James Levin, 1955 The Honorable Julia K. Tackett, 1971 Ms. Carolyn Miller Cooper, 1993 Mr. Robert C. Cetrulo, 1957 Mr. Paul V. Hibberd, 1973 Mrs. Amanda B. Perkins, 1998 Mr. William M. Dishman, Jr., 1961 Judge Frank H. McCartney, 1974 Mr. Larry A. Carver, 1963 Mr. Edwin J. Walbourn, 1977 in Memoriam

FALL 2017 39 ALUMNI IMPACT. 2017 ALUMNI HALL OF FAME

Sarah Howard Jenkins is the Charles C. Taft A. McKinstry is Managing Member of Robert L. Walker retired in 2016 as the senior Baum Distinguished Professor of Law at the Fowler Bell PLLC and chair of the firm’s vice president and chief financial officer of University of Arkansas at Little Rock William Commercial Law and Bankruptcy and Western & Southern Financial Group (Western H. Bowen School of Law. As an academic-legal Creditors’ Rights Groups. With sophisticated & Southern) based in Cincinnati, Ohio. professional, Prof. Jenkins has devoted her experience built on more than 40 years of time and energy to challenging her students practice, McKinstry is known for finding Prior to joining Western & Southern in 1998, to develop a commitment to diligence and successful solutions to highly complicated Walker was senior vice president and chief competence in the study and practice of the commercial, bankruptcy, and litigation financial officer at Providian Corporation in law. Through her scholarship and participation matters. Louisville, Kentucky. Earlier roles at Providian in the quasi-legislative legal reform processes included general counsel and vice president of of the ABA, she sought to ensure parity among She represents local and national clients in tax. Additionally, he held the position of chief the diverse interests in commercial law. Her a variety of industries, including insurance, financial officer at National Data Corporation. work has made a difference for people who heavy equipment, equine, coal, oil and He began his career as tax counsel for the otherwise would not have been represented gas production, retail, and e-commerce. Mead Corporation. in the reform of commercial law in the late McKinstry’s appellate experience encompasses 1980’s and 1990’s. Prof. Jenkins’ involvement numerous published opinions, including cases Professionally, Walker currently serves as with an ABA Task Force on Suretyship, and before the Kentucky Supreme Court and the a director of the board and member of the one of her articles, was motivated in part Sixth Circuit Court of Appeals. Executive Committee for Computer Services, by the large number of elderly women in Inc., in Paducah, Kentucky. He also continues predominantly African American churches McKinstry is a member of the Visiting to serve on the Finance Committee of Western who generously guaranteed the debts of Committee of the University of Kentucky & Southern as well as on the University of family and congregational members. Without College of Law and a member of the Board Kentucky College of Law Visiting Committee. her involvement, these members of our of Directors of Commerce Lexington, having He is also a past member of the Transylvania community would have been unrepresented in previously served as its General Counsel. She University board of trustees, the Kentucky the reform processes. has served as chair of the Central Kentucky Bar Association, and Financial Executives Network of International Women’s Insolvency International. Prof. Jenkins is a member of the prestigious and Restructuring Conference (IWIRC). American Law Institute and she has served In the Cincinnati community, Walker served as chair of the ABA UCC Subcommittee on McKinstry was inducted as a Fellow into the on the board of TriHealth, Inc., and is a past Article 1, during the revision of UCC Article 1, American College of Bankruptcy in 1994, has board chair. He was also a member of the and the Subcommittee on Payment Systems, been rated AV by Martindale-Hubbell since Cincinnati Opera board of trustees and is a past 2007-2010. Twice she has served as chair of 1987, and has been recognized in the Best board member and treasurer of the Playhouse the AALS Section on Commercial and Related Lawyers in America continuously since 1994. in the Park. In the Louisville community, Consumer Law and as member of the AALS She is also a Fellow of the Litigation Counsel Walker served on the boards of Leadership Standing Committee on Recruitment and of America. Kentucky and Kentucky Shakespeare Festival Retention of Minority Faculty and Students. and is a past board member and treasurer of She has published extensively on Commercial McKinstry graduated from UK Law in 1972 Actors Theater of Louisville. Law issues, organized several symposia of where she was a member of the Kentucky Law distinguished domestic scholars, and is the Journal. She received her Bachelor of Arts with Walker holds a Bachelor of Arts in Economics author of Volume 13 of the Revised Corbin on a major in mathematics and business minor in from Transylvania University and a Juris Contracts. 1969 from the University of Kentucky. Doctor from UK Law. He resides in Naples, Florida, and Cincinnati with his wife, Susan. Finally, and perhaps most importantly, she They have two grown children and three is the daughter of Vivian and, the late, Hon. grandchildren. George Howard, Jr.; the mother of Elizabeth Courtney Jenkins; and, as a follower of Jesus Christ, she espouses a biblical worldview.

40 UK LAW NOTES 2017 2017 ALUMNI AWARDS DEAN’S CIRCLE FIRMS

Each year the UK Law Alumni PROFESSIONAL ACHIEVEMENT Association recognizes those l Eric P. Blackhurst, 1986 firms whose College of Law This award is primarily designed to recognize a particularly noteworthy graduates have generously accomplishment in a given year, but may be given to one who has achieved given back to their alma mater. and sustained an extraordinary level of excellence in a particular area of the law or one’s chosen field. PLATINUM, 100% PARTICIPATION

COMMUNITY SERVICE Bell, Orr, Ayers & Moore PSC l Thomas L. Rouse, 1978 Bowling Green

This award is given to the graduate who has provided outstanding Bradley Arant Boult Cummings LLP leadership in his or her local community, state, or nation, to aid and benefit Nashville causes not necessarily related to the legal profession.

English, Lucas, Priest & Owsley, LLP YOUNG PROFESSIONAL Bowling Green

l Allison Ball, 2008 Fowler Bell, PLLC l Bradley D. Clark, 2009 Lexington

This award is designed for individuals who graduated within the past 10 Gary C. Johnson, P.S.C. years and have distinguished themselves professionally in the community, Pikeville or in some other fashion.

Gess Mattingly & Atchison, PSC DISTINGUISHED JURIST Lexington

l Judge Janie McKenzie-Wells, 1986 Kerrick Bachert PSC This award is given to the individual who has distinguished himself or Bowling Green herself through a contribution of outstanding service to the legal profession. Landrum & Shouse LLP Lexington LEGACY l Michael A. Rowady, 1941 McMurry & Livingston, PLLC Paducah This award may be bestowed upon an individual who graduated 50 or more years ago and has demonstrated exceptional leadership in his or GOLD, 90-99% PARTICIPATION her profession and/or community and has made a positive impact on the well-being of the UK College of Law, the Commonwealth of Kentucky, or Thompson Miller & Simpson PLC elsewhere in the nation. Louisville

SILVER, 85-89% PARTICIPATION

Dinsmore & Shohl LLP Cincinnati

Henry Watz Raine & Marino, PLLC Lexington

Stites & Harbison, PLLC Lexington

2017 DEAN’S CIRCLE CHAMPION

Landrum & Shouse LLP

FALL 2017 41 ALUMNI IMPACT.

the bob lawson society Mr. Richard G. and Mrs. Mr. Larry S. Blair Dean David A. and Mr. Kevin J. Hable*‡ Wildcat Blue Membership: Mary Beth Harville Col. Gordon B. Finley, Jr. Mrs. Kimberly Turner Mr. Thomas E. Harris Annual gifts of $25,000+ Griffith* USAF Ret.*‡ Brennen‡† The Honorable Joseph M. Ms. Frances Gaver Mr. James G. Harralson*‡± Mrs. Beverly H. Griffith*± Professor Rutheford B and and Mrs. Carol S. Hood*‡ Mr. C. Edward Glasscock*‡± Mr. Michael J. and Landrum & Shouse Mrs. Mary T Campbell Ms. Sarah Howard Jenkins- Mr. Gayle W. Herndon*‡± Mrs. Beverly Jenkins Ms. Nancy B. Loucks*‡ Jr.*‡† Hobbs* John G. Heyburn ll Harrison*‡ Ms. Marcia M. Ridings*‡± Mr. J. Larry Cashen*‡ Mr. Paul R. Keen Initiative for Excellence Inez Deposit Bank Mr. Richard D. Siegel*‡ The Honorable Jennifer B. Mr. Thomas N. Kerrick*‡ Fund Mr. Michael D. Johnson Mr. John W. Smith* Coffman Mr. L. Dan Key*‡ Mr. John T. McGarvey* Kentucky Bar Foundation‡ UK Alumni Association Mr. Robert M. Coots Mr. William B. Kirk, Jr. Ms. Paula J. Shives*‡ Mr. John G. McNeill*‡± Mrs. Penny R. Warren*‡ Landrum & Shouse LLP Mr. Carroll D. Stevens*‡± Mr. Donald F. Mintmire*‡

Mr. J. Michael Wilder*‡ the bob lawson society Mr. Burton A. Washburn Mr. James M. Crawford and Mr. Arthur C. and Mrs. Mr. Joel V. Williamson*‡ Gold Membership: Annual III* Mrs. Ruth H. Baxter*‡ Maria V. Litton II*‡ the bob lawson society gifts of $5,000–$9,999 the bob lawson society Mr. William H. and Mrs. Mr. Milton M. and Mrs. Platinum Membership: Ms. Anita M. Britton and Bronze Membership: Marie Alagia Cull*‡± Barbara B. Livingston, Annual gifts of Mr. Stuart Bennett*‡ Annual gifts of Mrs. Jo Hern Curris*‡ Jr.*‡ $10,000–$24,999 CompEd, Inc.‡ $1,000–$2,499 Mr. R.E. Davis Mr. Timothy L. Mauldin*‡ Bryant Law Center PSC Mr. W. David Denton*‡± Ms. Mary Jo Anderson Mr. William G. Deatherage, Mr. Andrew M. and Mrs. Mr. Mark P. and Mrs. Sue A. Mr. Charles E. English*‡± Professor Richard C. Jr.*‡ Michele M. McCarthy Bryant*‡ Mr. William R. Garmer*‡± Ausness‡† DelCotto Law Group PLLC The Honorable Mitch Mr. Joe B. Campbell*‡ Kentucky Bar Association Mr. Stokes A. Baird IV Mr. J. David and Mrs. McConnell± Mr. R. Michael and Mrs. Mr. Paul Saffer*‡± Mr. William J. Baird III*‡ Dianne Rosenberg ‡ Messer Construction Co. Joanne Duncan± Mr. A. Michael Tucker* Mrs. Ruth H. Baxter Mr. Charles E. English, Jr.* Mr. Russell B. Morgan*± English Lucas Priest & United States District Mr. John T. and Mrs. Mr. William G. Francis*‡± Mrs. Julia C. Morris Owsley Court-Western District‡ Theresa W. Bondurant*‡ Mr. William E. Gary III*‡ Mr. D. Gaines Penn Professor William H. the bob lawson society Mr. Gorman J. Bradley* The Honorable Joseph R. Mr. John W. and Mrs. Susan Fortune† Silver Membership: Annual Goeke D. Phillips* gifts of $2,500–$4,999 Mr. F. Chris Gorman Mr. Charles M. Pritchett, Jr.

42 UK LAW NOTES Mr. Murry A. Raines The Honorable J. Gregory Mr. David W. Regan* Mr. James L. and Mrs. Mr. Calvert T. Kendrick Mr. Carroll M. and Mrs. Wehrman* Reik & Co., LLC. Elizabeth A. Childress‡ Kennedy Bookstore Paula D. Redford III*‡ Mr. Anthony M. Wilhoit*‡ Janis H. Reynolds* Mr. Steven E. Clifton Mr. Phelps L. Lambert Mr. Stephen M. Ruschell*‡± The Honorable Henry R. Mr. Richmond and Mrs. David Deep Law Offices Mr. Michael L. Larson Ms. Joyce M. Russell Wilhoit, Jr. Kimberly Rosen Mr. Bruce K. Davis* Professor Robert G. The Honorable Thomas B. The Honorable Brent Mr. Phillip G. Royalty‡ Mr. Charles David Deep Lawson‡† Russell*‡ Yonts* Mr. Raymond J. Stewart Mr. Robert G. Edmiston Mr. Abhay D. Lele Mr. Jason Thomas Sauer± $500–$999 Stoll Keenon Ogden PLLC Mr. Richard L. Frymire, Jr. Mrs. Jacqueline S. Lindsey Mr. Phillip D. Scott*‡ Ms. Beverly M. Burden The Honorable Gregory F. Mr. Ronald L. Gaffney‡ Mr. Timothy K. Lowe Sherman, Carter & Col. Henry St. G. T. Van Tatenhove‡± Mrs. Jane E. Graham* Mr. Armer H. Mahan, Jr. Barnhart Architects Carmichael III Mr. J. Kendrick Wells III Ms. Jessica Carlisle Harvey Mr. Earl F. Martin, Jr. Mr. Herbert B. Sparks* Mr. John C. Collins Dean Rebecca H. White Mr. Kevin G. Henry*‡ Mr. Richard W. Mattson

GIVEN BY ALUMNI, FRIENDS & PARTNERS DURING FISCAL YEAR 2017

Mr. Ralph P. Stevens*‡ Mr. Stephen L. Collins Mr. Weston W. Worthington Mrs. Andrea R. Hilliard* Mr. John C. Merchant* The Honorable Wesley B. Mr. Thomas M. Cooper Wyatt, Tarrant & Combs Mr. Jay E. Ingle Mr. Jeremy Douglas Tailor* Mr. Robert H. Cornett*‡ $250–$499 The Honorable Lewis Mitchell Mr. Tim Taylor*‡ Mr. D. Michael Coyle‡ Mr. Glen S. Bagby‡ G. Paisley and The Mr. Donnie R. Murray Mr. John M. and Mrs. Mr. Thomas G. Eagle The Honorable Gregory M. Honorable Sheila R. Isaac Mr. Larry A. Neuman Carolyn Redford Tipton‡ Fowler Bell PLLC Bartlett Mr. Charles Douglas Mrs. Elizabeth A. Noyes- Mr. Wesley R. Tipton*‡ Mr. Kerry B. Harvey‡ Mr. Robert E. Bathalter Johnson Palmer The Honorable Laurance B. Mr. David V. Kramer, Esq. Mr. Michael R. Beiting Mr. Nicholas W. Johnson The Honorable Rebecca M. VanMeter* Mr. Paul L. Lamb Mr. Gerald E. Benzinger Mr. Shawn R. Johnson Overstreet*‡ The Honorable Daniel J. Mrs. Michelle C. Landers Mr. A. F. Berry, Jr.*‡ Mr. Mark M. Jones Ms. Martha D. Rehm* and Mrs. Jane Adams Law Alumni Association Dr. Ralph E. Bouvette Professor Thomas L. Mr. Craig Reinhardt Venters*‡ Lexis-Nexis‡ Mr. David A. Brill Jones‡ Mr. William A. Rice Mr. Alex and Mrs. Jayne Mr. Samuel C. Long* Mr. Paul B. Calico The Honorable Tim J. Mr. Ronald and Mrs. Moore Waldrop*‡ Mr. E. Phillips Malone Chenoweth Law Office Kaltenbach Brenda Gaffney Mr. Robert L. Walker*‡± Mr. Douglas L. McSwain* Mr. Robert L. Chenoweth, Kaplan Mrs. Kimberly Rosen Mr. Robert M. Watt III*‡ Mr. Winston E. Miller Esq. Mr. Louis A. Kawaja Mrs. Marian Moore Sims Mr. H. B. Quinn Mr. Todd K. Childers Mr. J. Clarke Keller

FALL 2017 43 ALUMNI IMPACT.

Mr. Christopher L. Mr. John Burrell Mr. William J. Haberstroh Mr. Todd E. Leatherman Ms. Molly Ruberg Slaughter Mr. Robert J. Busse‡ Mr. Neil S. Hackworth Mr. Jim LeMaster‡ Mr. Robert R. Saelinger, Mr. John Brooken Smith Mr. Patrick G. Byrne Mr. William H. Haden, Jr. Mr. J. Paul Long, Jr. Esq. Mr. Gary L. Stage Mr. William T. Cain Mrs. Laura M. Hagan Mr. David E. Longenecker Mr. Richard A. Sanks Stites & Harbison The Honorable Karen K. Ms. Elizabeth Scrivner Mr. Bernard F. Lovely Mr. Joshua E. Santana Mr. Jeffery R. Tipton Caldwell Hager The Honorable Arnold B. Mr. Steven C. Schletker Mr. W. Waverley Townes* Mr. Deno C. Capello, Jr. Mr. David J. Hale Lynch Mr. W. Fletcher M. Schrock Ms. Kathleen E. Voelker‡ Mr. Thomas A. Carroll Mr. John T. Hamilton Mr. David H. MacKnight Mr. Robert J. Schroder Mr. Harvie B. Wilkinson Mr. Nick Carter* Mrs. Tammy P. Mr. Kurt Maier Mr. William S. Schulten Mrs. Natalie S. Wilson Mr. Robert L. Caummisar Hamzehpour Mrs. Kara R. Marino Mr. W. Thornton Scott Mr. Jeffrey A. Woods* Mr. James D. Chaney Mrs. Whitney M. Harmon Mr. Quinten B. Marquette Mr. Peter J. and Mrs. Cathy $100–$249 Mr. Clifton B. Clark Mr. Norman E. Harned‡ Mr. Timothy W. Martin Sewell The Honorable Julia H. Mr. Richard H. C. Clay The Honorable William R. The Honorable Susan W. Mr. Daniel E. Shanahan Adams* Mr. Gary Lynn Colley Harris, Jr. McClure Mr. David Terrell Sherman Ms. Katherine A. Adams Mr. Matthew Shaffer Mr. Kent Hatfield Ms. Melanie McCoy Mr. W. Dean Short Mr. Glenn E. Algie Ramsey Collins Mr. Jeremy A. Hayden Mr. Ryan Michael McLane Ms. Elizabeth W. Sigler Mrs. Jennifer Allen Mr. Guy R. Colson* Mr. Mark E. Heath Mr. Andrew C. and Mrs. Mr. W. Kennedy Simpson Mr. Stephen G. Amato Mrs. Heather L. Combs Mr. G. Edward Henry II Jane Tudor Meko‡ Mr. Thomas L. Skalmoski Mrs. Lee O. Archambeault Mr. Eric Cornett Ms. Whitley Herndon Mr. Neil E. Mellen Mr. J. David Smith, Jr. Mrs. Kathryn Ross Mr. Brent Darnell Craft Mrs. Amanda L. Hill Mr. Roderick Messer Mr. Tony Smith Arterberry Mr. Braxton Crenshaw Mr. Buckner and Mrs. Anne Mr. Caywood Metcalf Mr. Sheryl G. Snyder Mrs. Ann C. Asbury The Honorable Roger L. G. Hinkle*‡ Ms. Ellen L. Miller Mr. Daniel R. Sparks Atkinson Simms & Crittenden* Mr. Morton M. Hoagland Mr. James M. Miller* Mr. David Sparks Kermode PLLC Mrs. Eleanor Mayhew Mr. Stephen S. Holmes Mr. Michael S. Mills The Honorable Richard G. Mr. Charles R. Baesler, Jr. Davis Mr. W. James Host Mr. Charles D. Moore, Jr.* Spicer Ms. Delores Woods Baker* Mr. Joseph M. Day Mr. James E. Howard Ms. Jennifer A. Moore Mr. Alexander George Mr. Kenton L. Ball Mr. Louis DeFalaise The Honorable J. William Ms. Kathryn L. Moore† Staffieri Mr. James E. Banahan Delores Woods Baker PSC Howerton Mr. John W. Morgan Mr. and Mrs. Brian P. Mr. Darrin W. Banks Mr. Steven W. Dills Mr. Theodore S. Hutchins Mrs. Nancy T. Mullen Stevenson Mrs. Jennifer Y. Barber Mr. Sidney B. Douglass II Mr. Hanly A. Ingram Mr. Robert N. Mumaw Mr. Gene A. Stewart Barbri Inc. Mr. James A. Dressman III Mr. Lindsey Wood Ingram Mr. Richard V. Murphy Mr. John W. Stewart Mr. James W. and Mrs. Mr. J. Kent Dunlap III Ms. Tina L. Namian Mr. John H. Stites III‡ Norma Barnett Mr. Cecil F. Dunn The Honorable Paul F. Mr. K. Sidney Neuman Mr. Stephen R. Streich Mr. Gary W. Barr Mr. Timothy W. Dunn II Isaacs The Honorable Mr. Marvin W. Suit Mr. Rodney J. Bartlett Mr. Marshall P. Eldred, Jr.‡ Mr. Franklin K. and Mrs. Christopher Shea Nickell* Talon Winery & Vineyard Mr. Bennett E. Bayer Mr. C. David Emerson Jill Logan Jelsma Mr. Randall E. Norris Ms. Catherine Shackelford Mr. C. Joseph Beavin Mr. Danny Evans Mrs. Jill Logan Jelsma Ms. Mary J. Oberst Taylor Mr. Gerald L. Bell Mr. Frank J. Faraci Mr. Gregory K. Jenkins Ms. Eileen M. O'Brien Thomas A Carroll PSC Mr. Perry M. and Rev. Mrs. Elizabeth Rouse Joe Franklin Arterberry, Mr. Patrick E. O'Neill Mr. Bryan Thomas Kristen D. Bentley* Fielder MD, FACS Mr. Mark R. Overstreet Mrs. Pamela J. Thomas Mr. Perry M. Bentley Ms. Maria P. Fitzpatrick The Honorable Ron Mr. Carl R. Page Mr. Thomas R. Thomas, Sr.* Mr. Gordon E. Bevens* Mr. Ben S. Fletcher III Johnson Mr. William R. Patterson, Torok Law Office PLLC Ms. Mary M. Boaz Ms. Betty Foley Mr. Stephen R. Johnson Jr. Mr. Greg T. Torok Mr. Fred W. Bond Mr. Joe W. Foster‡ Mr. John P. Jones II Mr. Walter Pitio Ms. Noelle Holladay True Mr. David C. Booth Mr. Douglas C. Franck Ms. Judi K. Jones-Toleman Mrs. Margaret A. Popp Mr. Thomas E. Turner Mr. Brian Borellis Mr. C. Patrick Fulton Mr. Frederick D. Karp Murphy Mr. Palmer G. Vance II Mr. William S. Bowmer III Mr. Woodford L. Gardner, Mrs. Melanie W. Kelley* Mr. John G. Prather, Jr. Mr. and Mrs. Robert W. Boyd Law Office PSC Jr. Mr. James R. Kessinger JD*‡ Vaughan Mr. Matthew W. Boyd* Mr. George M. Geoghegan Mr. Paul N. Kiel* Mr. David F. Pratt Mrs. Judith A. Villines, Esq. Mr. H. Brent Brennenstuhl* III Mrs. June N. King Ms. Susan Reale Mr. Gregory R. Vincent Mr. J. Leland Brewster II‡ Mr. Roger A. Gibbs* Mr. W. Gregory King Mr. Michael H. Reed Mrs. Tracey G. Vinson Mrs. Heather Coleman Mr. W. Clarke Gormley Mr. Shelby C. Kinkead, Jr. Mr. William M. Reed Mr. William T. Wade, Jr. Brooks Mr. Robert J. Greene* Mr. William F. Knapp, Jr. Mr. James G. Reid, Jr. Mr. Kenneth L. Wagner Mrs. Betty Dabney Brown The Honorable Henry M. Mr. Peter S. Lake Mr. Leslie E. Renkey Col. Lemuel R. Waitman Mr. Mark W. Browning Griffin III Mr. Dean A. Langdon Mr. Brian C. Rieger Mr. Phillip E. Walker Ms. Debra L. Broz Ms. Lisa C. Guffey The Law Office of Peter S. Robinson Law Office Ms. Lynn H. Wangerin Mrs. Lisa W. Bullard Mr. Joseph Haas Lake, P.C. Mr. Kendall B. Robinson Dr. Will W. Ward

44 UK LAW NOTES Mr. Booker T. Washington The Honorable James S. Mr. Thomas L. Hall Mr. Sydney Paul Ms. Mary Lancaster Tanner III Chenault Ms. Brannah C. Hamilton Montgomery Janine Lisa Tate Mr. John P. Watz Mr. Ron Christopher Mr. Michael J. Hammons Mrs. Rebecca Moore Mr. Ralph E. Taylor Mrs. Pamela L. Weeks Mr. Steven T. Clark Ms. Margaret L. Hanrahan Mr. Daniel P. and Mrs. Mrs. Sarah R. Taylor Mr. J. Daniel Wells, Jr. Mr. J. K. Clarke Mr. Lucas Ryan Harrison Melissa M. Murphy Jr.† Mr. Amul Thapar Mr. Linsey W. West Devon Paige Cobb Mr. Nicholas Ryan Hart Mrs. Martha Nash- Ms. Laura A. Theilmann Ms. Suzanne W. Whaley Ms. Juliana Coffey Mr. C. Edward Hastie Caywood Mrs. Barbara G. Thompson Mr. Richard A. Whitaker Ms. Catherine Lucas Mr. Wayne L. Haupt Mrs. Megan E. Mrs. Elizabeth Lee The Honorable Edwin M. Coldiron Ms. Charlotte Hay Niespodziany Thompson White Ms. Valerie Nestor Colvin Mr. Lon Stuart Hays Mrs. Patricia H. Nitchie Mr. Steve B. Thompson Mr. Sidney N. White Ms. Elizabeth A. Combs Mr. Joseph B. and Mrs. Mr. James G. Noll Thomson Reuters Mr. H. Lloyd Whitis Mr. Huston Barrow Combs Louise W. Helm Mr. David J. Obradovich Ms. Laura Shannon Mr. T. Lynn Williamson Mrs. Amanda Connors Mr. Christopher M. Hill Mr. Stephen M. O'Brien Crittenden* Mr. David T. Wilson II Mr. James B. Cooper Mr. Jeffrey K. Hill III‡ Mr. Emanuel C. Turner Mr. Michael G. Wilson Mr. Walter C. Cox, Jr. Ms. M. Gabrielle Hils Mr. Keaton Harrison Mr. Terry W. and Mrs. Mr. Timothy J. Wilson Ms. Brittany G. Crouch Ms. Erica L. Horn* Osborne Amanda Tyler Mr. James G. Woltermann Mr. John and Mrs. Sarah Mr. John Douglas Hubbard Mr. Todd Osterloh Mr. Garlan Joseph Mr. Robert K. Wood Daugherty Mr. Lucas Wade and Mrs. Mr. Charles J. Otten VanHook Mr. Clarence A. Woodall III Mr. S. Joseph Dawahare Chelsea Humble Mr. Todd S. Page Ms. Sara Christine Mrs. Elizabeth P. Wright Mr. William S. Dean Mr. Phillip B. Hunter Ms. Tamara J. Patterson Veeneman Ms. Nancy Barrickman Ms. Ashley N. Deem Ms. Morgan Aaron Jasko Mr. J. Gabriel Pendleton Mrs. Andrea R. Vice Yelton Ms. Ena V. Demir Ms. Skylar Campbell Jewell Mrs. Meg Phillips Mr. Robert B. Vice* Under $100 Mr. Mitchel Terence Mr. Charles E. Jones Thompson Mr. Donald M. Wakefield Mr. Jeffrey Wayne Denham Mrs. Misty Dugger Judy Ms. Gwen R. Pinson* Mr. Jeffrey R. Walker Adamson Mr. Andrew D. and Mrs. Ms. Laura Kazlauskas Mr. Timothy H. Pogue Mr. Marvin B. Walker Mr. Benjamin D. Allen Kimberly DeSimone* Ms. Anne E. Keating Mr. Park L. Priest Mr. William N. Wallingford Mr. Roy W. Bachmeyer, Jr. Mr. Carl D. Devine Ms. Olivia Keller Mr. Harold D. Rader Mr. Todd M. Ward, Esq.* Mr. Kenneth S. Baker Mr. Kevin C. Dicken Mrs. Martha L. Kessinger Mr. Forrest W. and Mrs. Mr. Clay S. Warriner Mr. Robert R. Baker Ms. Victoria F. Dickson Ms. Amanda Clark Kirtley Elizabeth K. Ragsdale III Ms. Cecilia F. Weihe Ms. Kassie N. Ball Ms. Amy E. Dougherty Ms. Alina N. Klimkina Mr. James B. Ratliff Mr. Eric Michael Weihe Mrs. Caitlin Frances Kelly Mr. Stephen D. Driesler Mrs. Maria G. Klyza Mr. William T. Ratliff Mr. John K. Welch Ballard Mr. Joseph K. Durning Mr. H. Elvin Knight, Jr. Mr. John Matthew Ritter Mr. John R. Wheatley Mr. Joseph Guinan Ballard Mr. Jacob L. Eaton Mrs. Carol M. Lambert Mr. Calvin Ray Robinson Ms. Allison O. Wildman Mr. Edison G. Banks II Ms. Shelli Freeland Eddie Mr. William D. Lambert III Mr. Darrell Christopher Mr. James Edward Wilson Norma Barnett Mr. Lloyd R. Edens Mrs. Melinda A. Laslie Robinson III Mr. Joshua F. Barnette Mr. Andrew Elbon Mr. Charles J. and Mrs. Mr. William M. Rowe* Mrs. Molly Hyland Dr. Jesse Baumgold Mrs. Whitney Grider Ellis Donna M. Lavelle Mr. CJ and Ms. Virginia Wolfram Ms. Bethany N. Baxter Mr. Brian Robert Epling Mr. John C. Leabo Frances Deaton Ryan Mr. Brian Wright Megan Lee Bayer Mr. Mark D. Esterle Mr. Vernon R. Leach, Jr. Ms. Betty Moore Sandler* Mr. Joseph A. Wright Mr. James G. Becker Ms. Caroline M. Ewing Ms. Margaret Y. Levi Mr. Christopher Edward Ms. Stephanie M. Wurdock Mr. Stan Billingsley Mr. Ross T. Ewing Mr. Richard and Mrs. Schaefer Dr. Jason Lee and Mrs. Mrs. Mary Katherine Bing Ms. Christine M. Ficker Amanda A. Major, Jr. Mr. Justin M. Schaefer Mary Kaye Yewell Mr. Bruce E. Blackburn Mr. Bill H. Flynn Mrs. Kathy R. Mangeot Mr. Patrick T. Schmidt Ms. Alison Zeitlin Ms. Sandra A. Bolin Ms. Chantell C. Foley Mr. Larry H. Marshall Mr. Thomas L. Self Mr. Thomas C. Bondurant Mr. William T. Forester Mr. Dale K. Marvin Mr. Nelson E. Shafer Mr. William Hartman Mr. Roy Fugitt Ms. Emily K. McClure Mr. William K. Shannon* ‡ Indicates Lafferty Brammell, Jr. Mr. Matt Gillies Mr. Darnell L. McCoy Ms. Lori B. Shelburne Society Member The Honorable Chas J. Mr. Peter J. Glauber Judge Joseph H. McKinley, Mr. James W. Shepherd, * Indicates UK Law Alumni Brannen Mr. Michael A. Goforth Jr. Jr.‡ Association Member Mr. Joseph L. Brinkley Dr. Linda Golden Ms. Rebekah Lane Ms. Hannah Blanche † Indicates UK Law Mrs. Kelly White Bryant Dr. James W. Gordon McKinney Simms Faculty or Staff Mr. Andrew T. Bryson Mr. Tyson Gorman Mr. Zachary Daniel Mr. Kerry D. Smith ± Indicates Visiting Dr. David E. Bybee Ms. Janet M. Graham McMillan Mr. Albert W. Spenard Committee Member Mr. Samuel G. Carneal Ms. Jacqueline Graves Mr. Doug Mefford Mr. Charles J. Stevens 2016–2017 Mr. Charles B. Castner, Jr. Mr. J. Carter Gray Mr. Jacob T. Moak Mr. Carl E. Stewart Mrs. Katherine H. Castner Mr. Trey Grayson Mr. Kirk B. Moberley, Jr. Mr. Stephen P. Stoltz Ms. Hillary Rose Chambers Mr. John D. Hale Mr. Eric Collins Straub

FALL 2017 45 ALUMNI IMPACT. UK Law CLE hosts Kentucky Health Law Institute by virginia davis scales

The University of Kentucky College of Law’s Health Law Institute • Rick King, VP/CLO, Appalachian Regional Office of Continuing Legal Education (CLE) • Erin Brisbay McMahon, Wyatt Tarrant & Combs Healthcare hosted the Kentucky Health Law Institute in LLP • Mathew R. Klein, Dressman Benzinger LaVelle Lexington, KY in September 2017. The two- • K. Kelly White Bryant, Stites & Harbison PLLC PSC day event was held at the Marriott Griffin Gate • Wesley R. Butler, Barnett Benvenuti & Butler • Phil Marshall, President/CEO, Hosparus Resort and featured 30 attorneys and health PLLC • Steve Miller, Kentucky Medicaid Commissioner industry professionals speaking about emerging • Carole D. Christian, Wyatt Tarrant & Combs LLP • Stephen E. Oakes, Federal Bureau of and relevant topics in the health law field. • Harry Dadds, Stoll Keenon Ogden PLLC Investigations • Christian Davis Furman, Medical Director, • Kim Scifres, Director, BKD, LLP The topics covered at the institute ranged from Institute for Sustainable Health and Optimal Aging • Daniel C. Soldato, Wyatt Tarrant & Combs LLP legal issues in physician compensation and legal • James A. Dietz, Frost Brown Todd LLC • Sarah Cronan Spurlock, Stites & Harbison PLLC ethics for health care attorneys, to government • Michael N. Fine, Wyatt Tarrant & Combs LLP • Kent Wicker, Dressman Benzinger LaVelle PSC relations and patient treatment quality. • Alexander N. Fritz, CPA/ABV, ASA, CVA, Blue • Kevin R. Winstead, Ky. Atty Gen. Office Speakers included: and Company • Vickie Yates Glisson, Sec’y, KY Cabinet for The Institute had a record attendance of 124 • Wm. C. (Chip) Adams III, Attorney at Law Law Health & Family Svcs persons. Institute • Randy Gott, Senior VP, The Advisory Board • Troy A. Barsky, Crowell & Moring Company “The turnout of incredible speakers and • Robert J. Benvenuti III, Barnett Benvenuti & • Kerry B. Harvey, U.S. Attorney, E.D. Ky. attendees for the two-day institute was Butler PLLC • Marian J. Hayden, Cull & Hayden PSC remarkable and we hope to maintain that • Melinda Blanche, CCO, Lexington Clinic • Derrick Y. Hill, Kentucky REC level of attendance for our future health law • Harold J. Bressler, Ret. Gen. Counsel of the Joint • John Inman, Acting Inspector General, KY programs,” said UK Law CLE Director Kevin Comm’n, Adjunct Faculty & Sr Advisor, Jaharis Cabinet for Health & Family Services Bucknam.

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46 UK LAW NOTES REGULATING NONMARRIAGE closing thoughts by albertina antognini

Two years have elapsed since the Supreme homosexual and heterosexual couples, but effect of denying recovery in most situations – Court recognized the constitutional right rather how to address those individuals who do based, paradoxically, on the fact that there was to marry in the landmark case of Obergefell not marry, either by choice or happenstance. no legal tie of marriage. Those cases that require v. Hodges. Much ink has been spilled in the a nonmarital relationship to look nothing like opinion’s aftermath by scholars who have in Family law remains staunchly focused on a marriage in order to award property end up turn lauded it for its promotion of dignity and marriage and is thus ill-equipped to address giving little to a woman who was in a marital- equality, criticized it for having a conservative nonmarital couples. State family law statutes like relationship: if a relationship looks anything vision of what marriage entails, or pored do not generally regulate unmarried couples like a marriage, or the services provided by over its reasoning to better understand the directly; these couples have occasion to interact the woman approximate those a wife gives her future it has ushered in. Underlying the with the law mainly in instances of rupture, husband, then courts deny property distribution. opinion, and the recent scholarly debate it has when the relationship ends. Unmarried couples These two sets of cases converge, therefore, generated, is the centrality of marriage – to tend to either seek out the court’s help in on a uniform result: outside of marriage, the individual, to society, to the law. Justice distributing property at the conclusion of their courts value the services a woman provides Kennedy, writing for the Court, appealed to relationship or in deciding the custody of any at a discount, or as entirely gratuitous. Courts the durability of marriage as an institution: children born to the relationship. The former thus reinforce the notion that a woman’s labor “Since the dawn of history, marriage has situation – how courts distribute property within the home is either less valuable, or free. transformed strangers into relatives, binding after a couple separates – is particularly families and societies together.” Marriage, instructive. In these cases, courts have In the process of evaluating nonmarriage moreover, “embodies the highest ideals of love, occasion to assess the nature of the nonmarital by analogy or distinction to marriage, these fidelity, devotion, sacrifice, and family.” The relationship and quite literally assign a value cases impose a specific, and rather archaic, Constitution, a majority of the Court concluded, to the contributions made by each party. definition of marriage. Because the plaintiff could not be interpreted to deny same-sex seeking property is ordinarily a woman, these couples the fundamental right to marry. The majority of couples who go to court to cases revolve around what a wife’s duties request a property distribution are heterosexual, are, or ought to be: the wife should provide While Obergefell is notable for its rhetoric even though they have long had the right to homemaking services such as cooking, cleaning, surrounding marriage, the opinion is equally marry. The typical plaintiff – the individual and childcare. Some courts also require her notable for what it left unsaid: absent from seeking property – is a woman. The typical to provide advice, time, and energy to her Obergefell is any discussion of divorce, which by defendant – who is arguing against these husband’s business ventures. When these some accounts affects about half of all married claims of property – is a man. In evaluating wifely services take place outside of marriage couples, or any mention of the increasing the nonmarital cases, marriage remains they are worth less, if not totally worthless. number of individuals who are foregoing central to the court’s analysis: courts either marriage, which is at an all-time high. In fact, look to marriage as a requirement for what A deeper understanding of how courts address marriage rates have been steadily declining a nonmarital relationship should be before nonmarital relationships provides a first for decades: one in four young adults today deciding to distribute property, or as a status step in identifying the legal regime’s current may never marry. And, marriage is becoming from which to differentiate the nonmarital limitations given the changing demographics something of an elite status – those who relationship in deciding to award property. of the American family. It remains to be seen marry, and remain married, generally have how the law will adapt once same-sex couples, higher levels of income and education than Despite the variation in how courts approach who can now marry, go to court in greater those who do not marry or those who marry nonmarital relationships, they reach strikingly numbers to request a property distribution at and then divorce. Although the repercussions consistent results: the individual seeking the conclusion of a relationship that was not of Obergefell are yet to be fully understood, in property, who is nearly always a woman, marital. While this thicker description of how many ways the principal challenge for family receives little outside of marriage. Those cases courts regulate nonmarital relationships does law going forward is not how to address that require a nonmarital relationship to look not answer the question of how the law should individuals who marry, which now includes just like a marriage before awarding property regulate nonmarital relationships, it shows that rely on marriage so closely that they have the marriage is not necessarily the only answer.

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