Energy Law Evolves the Law School’S New Center for Global Energy, International Arbitration, and Environmental Law Meets the Challenges of the New Century

SUMMER 2009

the magazine of the university of texas school of UTlaw LAW

Energy law evolves The Law School’s new Center for Global Energy, International Arbitration, and Environmental Law meets the challenges of the new century

Joe R. and Teresa Lozano Long help launch young lawyers’ careers

Twenty years of the Capital Punishment Clinic

Texas Law Veterans Association organizes legal clinics for Central Texas veterans

the university of texas law school foundation, 727 E. Dean Keeton Street, austin, Texas 78705 The Long Career Launch Program Through a very generous gift to the School of Law, Joe R. Long, ’58, and Teresa Lozano Long created the Long Career Launch Program. The Program makes it financially possible for recent TU Law graduates to obtain legal work experience in unpaid internships while they await bar results. Participating graduates in the Long Career Launch Program have worked with a wide variety of public service employers, from the Office of the Attorney General ofT exas to the United Nations Assistance to the Khmer Rouge Trials. Full story on page 32. p e by S te p h wo p hoto InCamera photo by Mark Rutkowski InCamera

Texas Law Veterans Association helps Central Texas veterans navigate the legal landscape Bridgett Mayeux, ’10, cofounded the Texas Law Veterans Association with Sam Denton, ’10, in 2007 to help Central Texas veterans learn about their rights, apply for benefits, and find attorneys. Mayeux is pictured here consulting with a veteran at a free legal advice clinic for veterans the student group organized with the Law School’s William Wayne Justice Center for Public Interest Law, Volunteer Legal Services of Central Texas, the Texas Veterans Commission, and Travis County Veterans Services. Mayeux is a U.S. Air Force veteran and served in Iraq. Full story on page 16. SUMMER 2009 Vol 8 Issue 1

22 At the Law School The Capital Punishment Clinic turns twenty. Conferences and symposia at the Law School over the past year.

29 New Faculty Books

31 Clinic News 6 The Law School welcomes a new clinic, the Human Rights Clinic.

20 22 32 Seize the Day: the Campaign for UT Law UT Law has set an ambitious goal of raising $200 million over the next five years.T he money raised during the campaign will be used for support in three broad categories— faculty recruitment and retention, student recruitment and support, and support for new and expanded programs at the Law School.

32 The Long Career Launch Program

36 The James A. Baker III Chair in the Rule of Law and World 6 Energy Law Evolves 14 A Force for Justice Affairs In fall 2009, the Law School will inaugurate Three members of the Class of 2009 will a new Center for Global Energy, International form the advance guard of the Justice Corps, 38 Alumni Focus Arbitration, and Environmental Law, a fellowship program designed to increase Kathryn Fuller a multidisciplinary center that will capitalize access to legal assistance nationwide and Rodney Ellis on UT Law’s strengths in the areas and allow young alumni to gain experience in Bryan Garner Texas’s centrality as a producer of oil, gas, public-interest law practice. and wind energy. 44 Class Notes 16 Help on the Homefront George C. Chapman 12 “Consent” to Arbitral Law students organize free legal clinics Lifetime Achievement Award Jurisdiction: Disputes with for Central Texas veterans The Honorable Royce C. Lamberth Non-signatories Outstanding Alumnus Award Burg Family Professor Alan Scott Rau 19 Residing Judges Catherine Lamboley discusses the question of how to demarcate The Fifth Circuit Court of Appeals heard Distinguished Alumnus Award the respective roles of courts and arbitrators oral arguments in the Eidman Courtroom for Community Service in an excerpt from Multiple Party Actions March 30–31, 2009. Max Sherman in International Arbitrations, a recently Honorary Order of the Coif published collection of essays by participants 20 Out of the Past in a 2007 arbitration conference held in Second-year law student Andrés Durá 61 In Memoriam The Hague, Netherlands, and sponsored by earned a Law School grant to carry out the Law School, the Houston International original historical research in the United 65 In Closing Arbitration Club, and the Permanent Court Kingdom on an 1813 execution for Hannah Miller, ’09, is already making an of Arbitration. fraudulent bankruptcy. impact on Texas juvenile-justice policy.

4 UTLAW Summer 2009 LETTERS

UT School of Law From Bill F. Bogle, ’58, Fort Worth: Talk about identity theft! I don't know who the old guys on page 56 are, but they Dean Lawrence Sager aren’t who they claim to be. Wayne and Bill are on p. 69. University of Texas Law School Foundation In the Winter 2008 issue of UT Law, two captions were switched. The gentlemen on page 56 President, Board of Trustees Robert C. Grable, ’71 were wrongly identified as Wayne Rohne, ’58, and Bill Bogle, ’58, when they are actually Wales Madden Jr., ’52, and Mike A. Myers, ’63. As Mr. Bogle writes, he and Mr. Rohne are UT Law School Alumni Association President indeed on page 69. I sincerely regret the error. —Kirston nina cortell, ’76

From Michael J. Piuze, ’71, Los Angeles, California: UT Law Magazine Although I have never had the pleasure of meeting him, I am sure that Joe Jamail Editor deserves all the accolades in your recent article (“Joe Jamail Breaks Another Record,” Kirston Fortune Summer 2008)—except one: his $11 billion verdict in Pennzoil v. Texaco is not the Managing Editor largest ever. It is not even the largest for a UT Law grad, as a look at a copy of the Julien N. Devereux $28 billion verdict form and judgment in Bullock v. Philip Morris will show. Contributing Writers Mike Agresta Brenna Burkarth From Martaine J.L. “Mart” Lapin, ’56, Orono, Maine: Laura Castro, ’97 I read the article about the Center for Women in Law (“The Center for Women in Julien N. Devereux Kirston Fortune Law,” Winter 2008) and I am very pleased that a group of women lawyers has started Tom Gerrow such an organization. Spike Gillespie The following statement [by Nina Cortell, ’76] really stood out: “Most of us—the Tom Henninger, ’92 women who came out of the Law School in the seventies—found ourselves being Contributing Photographers the first at almost anything we did.” Some of these ladies should have been around Bruce Bennett when my mother received her law license in 1927. (Unfortunately, she was not a UT Brian Birzer Jay Brousseau Law graduate, although she did some undergraduate.) For three years she tried to don couch find a job as an attorney, both inH ouston and in Dallas. The best she could do was Bret Gerbe Marsha Miller a secretary position. Christina Murrey Finally, in 1930, she got a job as the secretary to the Chamber of Commerce in Mark Rutkowski Grand Saline, with the proviso that she could practice law on the side. Steph Swope She was the first lawyer to arrive in Kilgore at the beginning of the East Texas Photo Editor Oil Field boom in 1930, but even then she had to be careful and not disclose she StepH Swope was a woman. Her business cards said “O.G. Herrmann,” giving no indication of Intern her gender. At least one judge refused to allow her to practice in his court, and on Brenna Burkarth several occasions she had to associate counsel in order to get her cases tried. Thank goodness for people like Angus G. Wynne, who recognized her ability and worked Design Marybeth Daigle with her for many years. Even though my father died when I was twelve, she went on to make a home Cover Illustration for us, have a very successful law practice and won the respect of the community. Justin David Cox

Some unusual things about her practice were that she never had a secretary and she Comments? never sent a client a bill, depending on their honesty to come in and pay her fee. We welcome your letters. Please email She became the first woman on the school board and its first woman president. In Kirston Fortune at [email protected] or write care of: 1948 she was the first woman in Kilgore to be honored byB eta Sigma Phi sorority The University of Texas School of Law as “First Lady of Kilgore.” 727 East Dean Keeton Street She retired at age eighty-two and lived to be eighty-four. Austin, Texas 78705 I learned more about the true reasons for practicing law from her than anywhere. To change your contact information, please contact: Phone: (512) 471-6314 Email: [email protected] On the cover: Oil pumps tap Texas’s traditional energy source, oil, but the state’s future energy Online: http://www.utexas.edu/law/depts/ needs might be met by wind and solar power. The Law School’s new Center for Global Energy, alumni/form.html

International Arbitration, and Environmental Law will address the challenges faced by Texas and UTLaw Magazine is published twice a year by the the rest of the world as energy supplies, regulation, and environmental impacts become more University of Texas Law School Foundation, a nonprofit corporation, 727 E. Dean Keeton Street, Austin, Texas, 78705. varied and international. Illustration by Justin David Cox. ©2009 University of Texas Law School Foundation

Summer 2009 UTLAW 5 Energy Law Evolves

by Julien N. Devereux ilustrations by JUSTIN DAVID COX

In fall 2009, the Law School will

launch the Center for Global

Energy, International Arbitration,

and Environmental Law to help

create a new generation of lawyers

and scholars to navigate the legal

terrain between these three vital

fields in a changing world.

Left to right: John Dzienkowski, ’83, Dean John F. Sutton Jr. Chair in Lawyering and the Legal Process; Ernest Smith, Rex G. Baker Centennial Chair in Natural Resources Law; Assistant Professor David Adelman; Clinical Professor Melinda Taylor; and Adjunct Professor Timothy Tyler, ’94, will participate in the Law School’s new Center for Global Energy, International Arbitration, and Environmental Law beginning in fall 2009.

6 UTLAW Summer 2009 hoto by Don C ouch p hoto Summer 2009 UTLAW 7 il pumps dot the plains of the Texas Panhandle, bobbing up and down like drinking-bird toys to extract the oil that has made dvisory Board for the Center Texas rich since it was first discovered nearB eaumont in 1901. A But futuristic multimillion-dollar windmills also stand among the for Global Energy, International Opumps, and many hope wind will prove to be a cleaner, inexhaustible source Arbitration, and Environmental of energy as the state’s legendary oil wells are gradually tapped out. Law at the University of Texas there is good reason to hope. According to a 2009 report by the American School of Law Wind Energy Association, Texas is the sixth-largest producer of wind energy in the world, and the largest in the United States. It’s perfectly possible that the land that once contained one of the world’s largest petroleum reserves Mark Baker beneath it could potentially have one of the world’s largest sources of wind energy whistling above it. Jack Balagia ’76 but harvesting the wind for electricity, despite its attractiveness as a renewable, more environmentally friendly practice, is still young, and wind energy is The Honorable Carl Baudenbacher not yet a reliable source of “base” power. In addition, our laws and institutions Doak Bishop ’76 have not yet fully adjusted to the consequences a gradual shift to renewable sources of energy will entail. John Bowman he University of Texas School of Law has long been a leader in the field of oil and gas law, but Dean Larry Sager and the Law School faculty are deter- Jeff Civins ’75 mined to be leaders in the evolving world of energy law. Professor Ernest E. Lynn Coleman ’64 Smith, Rex G. Baker Centennial Chair in Natural Resources Law, taught the first class on wind energy law in 2008. And beginning in the fall of 2009, the Alan Crain Law School will launch a new interdisciplinary center, the Center for Global Energy, International Arbitration, and Environmental Law, to create a forum Michael Goldberg ’82 for discussion of the ways in which arbitration, environmental law, and energy Kinnan Golemon ’67 law overlap and impinge on each other, and to train a new generation of lawyers and legal scholars to confront the challenges presented by a world Monty Humble ’76 of ever-expanding energy demand and the constraints created by environmental concerns and diminishing reserves. Texas is the epicenter of the energy indus- William Knull try in the United States, and there is tremendous expertise and experience Duke Ligon ’69 among UT Law graduates practicing in the area, expertise which the faculty plans to tap for the benefit of students. James Loftis ’90 the Energy Center will be the first of its kind to combine the study of energy, international arbitration, and environmental law in one program. UT Law will Joel Mack ’84 offer a specialized LLM program and an expanded curriculum for JD students John “Chico” Newman ’75 interested in these disciplines. “We have real strengths in all areas,“ Dean Sager said. “But it’s important Jim Rhodes ’65 to bring all three into the picture together, because increasingly there’s no sensible way to talk about one without also talking about the others. They’re Jennifer Smith ’90 inextricably linked.” Barry Smitherman ’84 the way the different areas of the Center overlap and affect each other is almost like a game of rock, paper, scissors. Because energy is traded on inter- Timothy Tyler ’94 national markets, it is not always clear where legal disputes between energy companies and governments should be settled, and therefore arbitration and Rob Walters ’83 other types of alternative dispute resolution have become standard throughout Dick Watt ’72 the industry. Meanwhile, the production of energy is associated with emissions of carbon dioxide, believed to be the main cause of global warming. There Ex officio: Dean Larry Sager are other environmental impacts associated with the production of energy, impacts that spill out of state and national boundaries. The push for more environmentally friendly sources of energy is creating opportunities and markets for wind energy and other renewables. “It’s hard to exaggerate the degree to which these changes have taken place already,” Sager said. “And since arbitrators don’t formally follow precedent, a traditional model of the rule of law is threatened. This is an opportunity to create an international program that can have real impact on the way energy, environmental law, and arbitration are carried out in the future.” Melinda Taylor, a clinical professor and director of the Environmental Law Clinic at the Law School, will head the new Center. She said the Law

8 UTLAW Summer 2009 “Energy law and policy enacted in Texas can serve as a lab for the entire world,” Dean Larry Sager said. “In addition, the role our alumni play in international arbitration and the energy industry is huge.”

School is uniquely well positioned to of excellence in energy law teaching educational experience to prepare them take leadership on these issues as law- and scholarship. “Texas is uniquely, as to contribute to the field.” yers, law students, government officials, a state, on its own energy grid,” Sager For Alan Rau, Burg Family Professor at and policymakers become more aware said. “Which means that energy law and the Law School, who will head the inter- that concerns about energy, the environ- policy enacted in Texas can serve as a national arbitration division of the new ment, and international cooperation are lab for the entire world. Our energy law Center, the inclusion of arbitration is interrelated. isn’t complicated by layers and layers of both natural and necessary. “To encour- “There’s a tremendous amount of regulatory authority. In addition, the age outside investment, many developing interest in these subjects,” Taylor said. role our alumni play in international states have made agreements with com- “Professor Smith’s wind energy course arbitration and the energy industry panies to settle disputes by arbitration,” started as a seminar with fourteen is huge.” Rau said. “And many of those disputes students, but was up to one hundred taylor also pointed out that the City of are energy-related, or related to natural and twenty students the last time it was Austin is a leader nationwide in attempt- resources extraction and environmental taught in Spring 2009. Texas is home ing to integrate environmentally sound impacts. The most common places for to many of the major energy compa- practices in its energy generation and arbitration are Geneva, Switzerland, and nies, and there is demand from those consumption. “Austin’s Pecan Street Paris, France, so it’s a very complex legal companies for lawyers with expertise Project is a cooperative effort between area dealing with the intersection of in these areas. People are recognizing the city, the Environmental Defense many different bodies of law, but at the that energy and environmental issues Fund, and a number of major corpora- same time the rules for arbitration are are intertwined and international. The tions to design a smart grid and help very skeletal. I hope the new Center will Center will allow collaboration not only the city reduce its energy use,” she said. offer some opportunities for practical, among legal scholars and students in “It’s an incredible opportunity for our clinical work in arbitration.” these fields, but also take advantage of students to be involved in a ground- ernest E. Smith has taught at the Law the opportunities for collaboration with breaking effort. In addition, there are School since 1963 and has helped shape people in geology, petroleum engineer- numerous opportunities in Texas to the way in which energy law is taught, ing, public policy, business, and other work on energy and environmental moving from a Texas-and-oil-and-gas- departments at the University.” issues with the most sophisticated law- centered discipline to one that has texas offers a number of other yers and businesspeople in the nation. become more international and more advantages besides its long history We can offer the students a very rich diverse in terms of energy sources.

Summer 2009 UTLAW 9 “Energy production is changing,” Ernest Smith said. “So our emphasis is expanding outward, with more of an emphasis on an international approach and on nontraditional sources of energy as well as nontraditional sources of oil and gas such as oil shales and oil sands.”

“The field of energy law is expanding power’s “greener” reputation, it has its own in the atmosphere would cause harmful beyond petroleum to things like wind environmental concerns. “There have effects for the next one hundred years. law,” Smith said. “And many students see been some plans for windmills off the The science identifying and describ- renewable energy sources like wind and South Texas coast,” Smith said. “Some ing the phenomenon is already there, solar as the wave of the future, and thus people of course are worried about their and the legal framework to address it is where the jobs will be. So if they take a view, but there are also birdwatchers developing, and I hope the Center can course in wind law, they are a step ahead who are worried about the danger of the play a role in its development.” of other young lawyers. Our seminar last windmills to migrating birds, and bird- ndeed, in addition to teaching both year was the first anywhere, to my knowl- ing accounts for more money brought JD and LLM students in this interdis- edge, on wind law. Energy production into the area than hunting and fishing ciplinary framework, Taylor said she is changing, so our emphasis is expand- combined.” hopes the Center will eventually lead the ing outward, with more of an emphasis it’s yet another example of the ways in international conversation about energy on an international approach and on which energy and environmental con- and the environment in a number of nontraditional sources of energy as well cerns are intertwined, and of the need ways, including hiring emerging schol- as nontraditional sources of oil and gas for lawyers skilled in energy and environ- ars, sponsoring conferences, producing such as oil shales and oil sands.” mental law as well as trained in ways to white papers and original research, and Smith noted how the new world of resolve disputes and forge agreements hosting research fellows. aylor and the energy production and consumption— between the diverse stakeholders and other Law School professors involved more international, more diverse in its interest groups involved in such mat- in creating the new Center hope the energy sources, more attentive to environ- ters. The Center will provide a place to space-age turbines on the windy West mental regulations and concerns—has do just that, and it is a task that could Texas plains are a harbinger not only opened up a number of new areas and not be more urgent. “We’re already late of a greener, more energy-efficient and surprises in the field of energy law. “The in addressing the problems of climate energy supply–diverse Texas, but a sign increased demand for natural gas has led change,” said Visiting Professor Anto- of the opportunity UT Law has to con- to a mini-boom of natural gas exploration nio Benjamin, who teaches courses on tinue to lead and innovate in energy law, in places you wouldn’t expect it from, like biodiversity law and comparative environ- environmental law, and arbitration. Just upstate New York,” Smith said. “When I mental law and serves as a justice on the as environmental and energy law have start getting calls from lawyers in upstate Supreme Court of Brazil. “The harms of become more international over the past New York with questions about oil and global climate change are already occur- fifty years, so too canUT Law expand its gas law, I know something has changed.” ring. Even if we were to stop carbon influence even farther, beyondT exas to Smith also pointed out that despite wind dioxide emissions today, what’s already the greater nation and the world.

10 UTLAW Summer 2009 Faculty

Melinda Taylor is the executive Wendy Wagner is a leading authority director of the Center. Prior to joining on the use of science by environmental the faculty, she was the director of the policymakers. She received a master’s of Ecosystem Restoration Program at the environmental studies in 1984 and her law Environmental Defense Fund, where she degree in 1987, both from Yale, where she managed a staff of attorneys, scientists, was senior editor of the Yale Law Journal and economists engaged in projects to and managing editor of the Yale Journal of The Center for Global Energy, protect endangered species and water Regulation. Before entering teaching, she resources across the United States. Taylor practiced law in the Enforcement Division International Arbitration, and Environ- has also served as deputy general coun- of the Department of Justice’s Environ- sel of the National Audubon Society in ment and Natural Resources Division and mental Law will capitalize on the Law Washington, D.C. and was an associate as pollution control coordinator with the at Bracewell & Patterson in Washington. Department of Agriculture’s Office of the School’s rich JD and LLM curriculum General Counsel. Alan Rau is one of the nation’s lead- in these areas and its internationally ing experts on arbitration, the author of a New faculty hire David Adelman is an widely-used alternative dispute resolution expert in environmental law, science, and renowned faculty. The Center will casebook and of numerous scholarly arti- patent law. In addition to a law degree, he cles, and an active arbitrator. He serves on holds a PhD in chemical physics and has sponsor a variety of other programs, the Commercial Panel of the American Arbi- written extensively on the relationship tration Association, and has been a visiting between regulations and innovations in including conferences, fellowships, faculty member at the University of Toronto, technology, especially in the biotechnol- China University of Political Science and ogy field. He serves on the Department symposia, and workshops. Law in Beijing, Willamette University of Energy’s Environmental Management College of Law, the University of Geneva; Advisory Board. and the Universities of Paris I and II. Timothy Tyler has an active litigation Ernest Smith is a specialist in oil, practice that emphasizes both international wind, and gas law. He is coauthor of the commercial and investor-state arbitration. leading casebook Oil and Gas Law, a book His work involving contracts with state par- on international petroleum transactions, ties has a strong focus on the oil and gas and the leading treatise Texas Law of Oil industry. In practice, he regularly advises on Courses that will be and Gas. He teaches in the areas of prop- and drafts international arbitration clauses offered include, among others: erty, international petroleum transactions, in contracts as well as structuring transac- and wind energy law, and is coauthor of a tions to gain investment treaty protection. Energy Law: Oil and Gas Law; Wind widely used text, Cases and Materials on He has been involved in ad hoc arbitrations Energy; International Petroleum Transac- Property. A former dean of the Law School, under the United Nations Commission on tions; Advanced Oil and Gas Contracts; Smith has also been a visiting professor at International Trade Law rules, as well as Electricity Law; Energy Law and Policy; several law schools, including Harvard. institutional arbitrations under the rules and Energy and Natural Resource of International Chamber of Commerce, Economics. Environmental Law: Law John Dzienkowski is a specialist in oil International Centre for Dispute Reso- and Policy of Climate Change; Toxics; and gas taxation and international energy lution, American Arbitration Association, Natural Resources Law; International transactions. He is a coauthor of leading Singapore International Arbitration Centre, Biodiversity Law; Administrative Law; Com- casebooks on Natural Resources Taxation, Cairo Regional International Arbitration parative Administrative Law. International International Energy Transactions, and a Centre, and International Centre for the Arbitration: Principles of Negotiation; treatise on Oil and Gas Law and Taxation. Settlement of Investment Disputes. He Investment Arbitration; Conflict Resolu- He has taught energy related courses in teaches international arbitration and writes tion in the Developing World; Alternative Innsbruck, Ithaca, Paris, Oxford, and Rio frequently on international arbitration. Dispute Resolution for Natural Resource de Janeiro. He began his teaching career Claims; NAFTA Trade Issues; Environment as the director of the Energy Law Program Other leading practitioners in their respec- and Human Rights. at Tulane Law School in New Orleans. tive fields will also teach specialized courses.

Summer 2009 UTLAW 11 hoto by brian birzer p hoto

Alan Scott Rau holds the Burg Family Professorship at the Law School and will head the arbitration section of the new Center for Global Energy, International Arbitration, and Environmental Law beginning in fall 2009. “Consent” to Arbitral Jurisdiction: Disputes with Non-signatories An excerpt from a paper presented by Professor Alan Scott Rau at a May 2007 international arbitration conference in The Hague, Netherlands, cosponsored by the Law School and the Permanent Court of Arbitration

by Alan Scott Rau

he Law School sponsors a yearly School, presented a paper there on disputes with non-signatories conference on international arbitration with the Perma- to arbitration agreements. The paper, along with others presented nent Court of Arbitration in The Hague, Netherlands, at the conference, was published in an Oxford University Press and the Houston International Arbitration Club Inc. book, Multiple Party Actions in International Arbitrations, TThe conference alternates between Texas and the Netherlands every in January 2009. The following is an excerpt, without footnotes, year. In May 2007, the theme of the conference, held in The Hague, from Rau’s article, “‘Consent’ to Arbitral Jurisdiction: Disputes with was “Multiple Parties, Multiple Problems: Consent, Procedure, and Non-Signatories.” The full article is available in the book, which Enforcement in Commercial and Investment Arbitrations.” Alan also includes articles by Law School Adjunct Professor Timothy Tyler, Scott Rau, holder of the Burg Family Professorship at the Law ’94; Dominique Hascher, a judge at the Court of Appeal in Paris,

12 UTLAW Summer 2009 France, who taught a class on international commercial arbitration way—for example, how strong are the functional advantages at the Law School in 2007; and James Loftis, ’90, an interna- here of what has been termed “one-stop adjudication,” how tional arbitration lawyer at Vinson & Elkins, among others. Other real the prospect of inconsistent adjudications? conferences have included 2009’s “Weighing the Facts: Information In particular, once an individual has in fact made himself Exchange and Presentation of Evidence in International Commer- a party to an arbitration agreement, the question begins to cial and Investment Arbitration,” which featured a keynote speech look rather different: I would suggest that there is a strong by the Honorable Thomas Buergenthal of the International Court analogy here to the problem of determining the scope, the of Justice in The Hague; and the 2008 conference in Houston, coverage, of an undoubted agreement to arbitrate. So in most “Remedies in Commercial, Investment, and Energy Arbitrations,” circumstances, I think, the cases in which it is sought to bind which featured V. V. “Johnny” Veeder of the Essex Court Chambers a “signatory” to arbitrate with strangers ought properly to be in London, among others. analyzed as if they belonged in our next outer circle—we ought to treat them as raising issues similar to those raised when we I focus here on what is a recurring problem in any legal consider the “scope” of an arbitration clause. In both groups system—the question, in deciding whether to refer a dispute of cases, after all, the inquiry we want to pursue is precisely to arbitration, of how to demarcate the respective roles of the same: “Just what are the boundaries of your contractual courts and arbitrators. The treatment of this problem in the undertaking?” And in particular, “what are we to make of your courts of the United States has certainly not been without its undoubted, broad, generic, sweeping commitment to arbi- twists and turns—but it exemplifies,I think, the common law trate disputes”? It has thus become a characteristic move in at its best—able over time to get the job done well enough, if the development of American arbitration law, to (i) assimilate roughly, and to forge sensible, commonly-held understandings. the question of a signatory’s obligation to arbitrate to (ii) the This is an attempt at a synthesis—an attempt to describe where overall question of the scope or coverage of the arbitration I think we are at the moment. clause, and to (iii) presumptively allocate power over both In particular, the emphasis here is on the problem of arbi- decisions to the arbitrators themselves. tration in complex, interrelated disputes involving multiple In this category of cases, too, we should be expected to apply parties: Whether there is in fact a contractual “duty” to arbi- (to begin with, and at the very least) the Supreme Court’s hoary trate in such circumstances---and the respective roles of courts judicial “presumption favoring arbitrability.” The argument is and arbitrators in making that determination---is one of the that “it is more foreseeable, and thus more reasonable, that thorniest problems in international arbitration today: It is a party who has actually agreed in writing to arbitrate claims logically prior to any later questions that are considered else- with someone might be compelled to broaden the scope of his where in this volume---questions, for example, with respect agreement to include others.” As with other matters of scope, to how the tribunal is to be constituted, or whether related such a presumption brings all the advantages of efficiency with proceedings should be “joined” or “consolidated.” The proper limited impingement on contractual autonomy. approach to this problem, I would suggest, fits neatly within an For all its inherent fascination, the problem of multiple overarching conceptual framework that I am presenting here. parties has to be viewed as but one part of an overarching Given the essential premise with which we started—given, problem, a problem that runs through our entire law of arbitra- that is, the critical nature of consent—it will rarely be possible tion: this is the search for some sort of conceptual framework to force a non-signatory to an agreement into an arbitration that can help us to fully understand the expectations of private proceeding against his will. None of this can be thought to actors---and in particular, in consensual arrangements, their be particularly novel: no individual can “be bound to the preferences with respect to the allocation of authority between terms of a contract he didn’t sign and is not even entitled courts and arbitrators. to enforce”; even a third-party beneficiary who may have the It is a continuing challenge to fit all the disparate fact “power” to sue under a contract “certainly cannot be bound patterns within a single structure: For the spectrum is vast; to a contract it did not sign or otherwise assent to.” Under the “multiparty problem” will sometimes involve an ordinary the most ordinary contract law, the rights of non-parties signatory, who may have chosen to submit himself to arbitra- with respect to “contracts between others” are considerably tion as part of his dispute resolution planning---and sometimes broader than the obligations that can be imposed on them. it will not. Distinctions such as this---so often overlooked or But as we move from the core to the periphery, absolutism neglected---appear to be critical. (In the former case, I have with respect to “consent” may well be tempered, and insistence suggested, our jurisprudence seems poised to accept many of on a strict requirement of “consent” becomes progressively less the same expansive assumptions wth respect to arbitral power appropriate—or more properly perhaps, deference to arbitral that have become comfortably familiar in many other areas of determinations respecting “consent” becomes progressively the law of arbitration). more appropriate. So “the line,” in any particular case, is but So the identity of the parties to the arbitration---and just who a function of where on the continuum we are—and then, as is to determine the identity of the parties to the arbitration--- the presumption in favor of a judicial determination becomes remains a central piece of the puzzle of arbitral authority. The weaker, (i) how strong is the evidence of “consent” or “sub- proliferation of complex and interdependent transactions that mission,” and (ii) how closely connected to the question of accompanies a global economy can only present such problems “consent” are the ultimate “merits,” and (iii) what may be the to us more and more often----hence the great timeliness of the practical consequences of drawing the line in any particular current volume.

Summer 2009 UTLAW 13 hoto by m ARSHA MILLER p hoto

Left to right: Whitney Hill, Spencer Wilson, Dean Larry Sager, and Terry Schuster. Class of 2009 graduates Hill, Schuster, and Wilson will begin two-year Justice Corps public-interest law fellowships in fall 2009. A Force for Justice The Justice Corps Fellows program fosters a new generation of public interest lawyers

by Mike Agresta

This summer, as new Law With the philanthropic support of the Eden Harrington, Director of the William School graduates fan out across the country UT Law faculty; George M. Fleming, ’71; Wayne Justice Center. “Few nonprofits have to launch promising careers of all stripes, and Julius Glickman, ’66; the Justice Corps the funds to hire someone, and yet there three Class of 2009 alumni will form the creates post-graduate fellowships that is a tremendous need for practitioners in advance guard of a program designed to make it possible for young practitioners this area.” To address this problem, the increase access to legal assistance nationwide to address vital and specific needs in com- Justice Corps program guarantees two while allowing young alumni to gain exper- munities that otherwise would not benefit years of salary for the fellows at $50,000 per tise in public-interest law practice. Spencer from these young lawyers’ skills. year. That level of post-graduate support, Wilson, Whitney Hill, and Terry Schuster “It’s extremely difficult to get a public- Harrington said, is extremely rare at other are UT Law’s first Justice Corps Fellows. interest job right out of law school,” said law schools.

14 UTLAW Summer 2009 Administered by the William Wayne but have my dream job due to the Fleming This is in keeping with Shuster’s experi- Justice Center for Public Interest Law, the Fellowship.” At JRP, Hill will work to ence at the Law School, where over the program will also expand the Law School’s represent children in cases involving depen- past three years he has played a role in relationship to the real-world practice of dency, juvenile justice, and education. Her juvenile-justice reform efforts in three public-interest law. focus will be advocacy for students with dis- large states—Texas, California, and Ohio. abilities whose special-education needs are In Texas, he said, “One problem we were “Forgotten Victims” not being met by the schools of the greater having was putting kids in isolation. There Spencer Wilson, recipient of the Julius Portland area. were kids who had not been outside of their Glickman Fellowship in Public Interest Law, Hill worked with special-needs kids for cell in a few hundred days. So I created a discovered his area of professional focus years before coming to Austin, but she memo saying, ‘This is not constitutional, while interning last summer for Bay Area points to her involvement with several and here’s why.’ This got to the head of Legal Aid (BayLegal). “I noticed a steady Austin organizations, all made possible by the agency, and very quickly the policy influx of housing clients who were living in the Law School, as critical to her develop- changed. I was in a great position to do foreclosed properties,” Wilson said. “Bay- ment as a professional children’s advocate. some legal research and write a quick Legal was able to assist foreclosure tenants “Through UT Law’s Children’s Rights memo and really see something change, with a few of their immediate problems, but Clinic,” she said, “I’ve become familiar because so many people were just waiting it was not able to fully cushion the blow of with the dependency system in Texas, as to do the right thing, as soon as they knew the foreclosure crisis on these tenants. I the clinic is appointed by the court to rep- what the right thing was.” Schuster credits realized that tenants were truly the forgot- resent children in foster care. While the many lawyers from the UT Law community ten victims of the foreclosure crisis.” This laws are somewhat different in Oregon, with preparing him for this opportunity, summer, Wilson will join BayLegal’s staff what I’ve learned from my clinic supervi- including Professor Michele Dietch, who to help lead a project protecting tenants’ sors Charlie Childress,’74; Leslie Strauch helped him find the JLC, and James McDer- rights after eviction. He will provide direct ’95; and Lori Duke, ’95, will be invaluable.” mott, ’03, a public defender who went out legal representation as well as work with Additionally, Hill credits work lending institutions, utility providers, local experience at Advocacy Inc. governments, and housing authorities to of Central Texas, where she provide systemic relief. was mentored by Lucy Wood, “The Justice Corps Wilson feels confident about repre- ’07, and Ian Spechter, ’07, as senting his clients in court, thanks to giving her a solid foundation experience he gained arguing in front of in special-education advo- program will expand judges while at the Law School. During cacy. In her last semester his time in Austin, he also found a strong at the Law School, Hill also role model for a career in public-interest worked with the Juvenile Jus- UT Law’s relationship law: Robert Owen, the director of the Law tice Clinic. “UT Law has been School’s Capital Punishment Clinic. a perfect fit for me,”H ill said, Further down the road, Wilson expects explaining that she came to to the real-world practice to use the skills and knowledge he gains Austin because of the Law at BayLegal to craft policy and legisla- School’s ties to the organization to change the way housing works in tions where she eventually of public-interest law.” America. “For years,” he said, “the federal worked. government has zealously advocated for homeownership even when homeown- “People Were Just Waiting to Do the of his way to help Schuster improve as a ership is not the best option for many Right Thing” writer. Schuster also has reason to thank individuals. Meanwhile, nothing was done Terry Schuster will also be working for the entire Law School faculty—his fellow- to provide safe, affordable housing for juvenile justice next year, but with different ship is endowed by faculty contributions. renters. We now face a crisis as a result of specific aims. Schuster will join the staff of In future years, the Justice Corps program our myopic approach to housing policy.” the Juvenile Law Center (JLC) in Philadel- will endow eight two-year fellowships for Through hard work, Wilson believes, that phia. The JLC became well-known in legal recent graduates like Wilson, Hill, and Schus- crisis can be resolved. circles after playing a major role in Roper ter. Harrington and other architects of the v. Simmons (2005), a U.S. Supreme Court program envision an ever-widening com- “My Dream Job” case which, for the first time, declared munity of public-interest lawyers across the Whitney Hill, the recipient of the George unconstitutional the use of the death country, linked to the Law School through M. Fleming Fellowship in Health Law, will penalty for juvenile offenders. Schuster the fellowships that got them started. The spend the next two years working with the hopes to get involved in any major cases result will be a lasting institution that not only Juvenile Rights Program (JRP) in Portland, involving juveniles that come up over the works to serve community needs and address Oregon. “This position would not exist next two years, in addition to contributing policy problems across the United States, but without this fellowship,” she said. “I feel his research skills to policy review efforts also burnishes the Law School’s reputation as extraordinarily lucky to not only have a job, at JLC. a national leader in public-interest law.

Summer 2009 UTLAW 15 Help on the Homefront Law students organize legal clinics for Central Texas Veterans

by Tom Gerrow

During wartime, everybody benefits they deserve, and a lot of times for Public Interest Law; Volunteer Legal wants to support our troops. But what that means just making sure they fill out Services of Central Texas; the Texas happens when they’re not troops any- the paper work correctly.” Veterans Commission; and Travis County more? Once they take off the uniform, according to Victor Polanco, office Veterans Services. Ryan Glover LLP also veterans face many challenges as they supervisor at the Austin office of the contributed funding for the clinics. reintegrate into the civilian world. There Texas Veterans Commission, an organi- “The students were interested in doing can be difficulties returning to the zation that provides services and lobbies something for the veterans,” said Trish workplace. Some have service-related for Texas veterans, Texas currently has McAllister, executive director of Volun- disabilities. Others must deal with 1.7 million veterans, and many of them teer Legal Services of Central Texas. family issues brought on or exacerbated are drawn to the greater Austin area. “We wanted to figure out a way that we by long overseas deployments. “Central Texas is really booming could help and that would be meaning- when veterans need help with these or because to the north we have one of ful, so we decided we would start doing other problems, UT Law student organi- the biggest bases in the country at Fort the advice clinics. Not all the cases are zation the Texas Law Veterans Association Hood and to the south we’ve got four specific to veterans only—there are a (TLVA) is there to help Central Texas bases in San Antonio,” Polanco said. lot of family law cases, housing cases, veterans learn about their rights, apply “We’re right in the middle, and so we and things that are more typical of the for benefits, and find attorneys. get a lot of them here. At my office in general population.” the TLVA got its start in September Austin, we see an average of fifty to sixty tLVA members work with volunteer 2007, when cofounders Sam Denton, veterans a day.” attorneys at the advice clinics, provide ’10, and Bridgett Mayeux, ’10, were polanco, whose office helps veterans information, and steer veterans toward discussing what they could do to com- apply for benefits, says the claims process available resources. Depending on the memorate the anniversary of the 9/11 can be daunting. Veterans are required demand for assistance, the TLVA hopes attacks. Veterans themselves, both hav- to submit a variety of forms with their eventually to have three clinics per year. ing served in Iraq in the Army and Air initial claims and, if benefits are denied, “The students have been great,” McAl- Force, respectively, they hit upon the appeals can drag on for years. lister said. “They coordinate the logistics idea of putting their skills and training “Right now, with the economy the way of the clinic, do the set-up, and make to work helping veterans of the conflicts it is, we’ve got a lot of veterans coming sure the veterans get where they need in Iraq and Afghanistan. in that have never sought help before,” to go. The TLVA students help the veter- “Veterans are getting out of the Polanco added. ans complete their forms, which is really military in record numbers, and the Sometimes veterans need legal assis- nice because a lot of the veterans may majority of them go to either Texas tance to get the services and benefits not know exactly how to articulate their or California,” said Denton, a former they have earned. That is where the issue. The veterans may not even be sure TLVA president. “There are all sorts TLVA has stepped in to provide sup- they have a legal matter—they just know of issues they experience as they get port. The TLVA sponsors free legal they have a problem.” out, and many of these veterans need advice clinics in concert with the Law each client also has an opportu- help. We want to make sure they get the School’s William Wayne Justice Center nity to speak with an attorney from

16 UTLAW Summer 2009 “A lot of people know or have a connection to someone who has served in the military,” said TLVA President Cody Cheek, ’10. “So it has not been hard for us to find students willing to step up and volunteer.”

Volunteer Legal Services for a limited time, typically fifteen minutes or so. By gathering relevant information in advance and accompanying the veterans to the attorney visit, the students help the client make the most of it. “The students stay with that veteran when the attorney talks to them, so they get the whole experience,” McAllister said. to familiarize themselves with veteran’s issues and learn how they could better provide assistance, the TLVA conducted a symposium, “In the Boots of a Soldier,” during the spring 2009 semester. “We put together a program looking at a fictional soldier, ‘Staff Sergeant Bevo,’ to illustrate the issues veterans face,” by MARK RUTKOWSKI p hoto said Cody Cheek, TLVA’s 2009–2010 Nick Solish, ’10, gets information from a Central Texas veteran at one of the Texas Law Veterans president. “Sam and I came up with a Association’s free legal advice clinics. list of topics that we thought were most relevant, and tasked them out to has served in the military,” Cheek said. “This TLVA project gives students a members to research and prepare pre- “While they might not have served them- great opportunity to work with pro bono sentations. If we are going to put on selves, they respect and have a desire to attorneys and learn first-hand about the these clinics, it’s important for us to help those connected with the military. unmet need for legal services in our vet- educate ourselves in the area.” So it has not been hard for us to find stu- eran community,” said Professor Eden while focusing on the needs of veter- dents willing to step up and volunteer.” Harrington, director of the William Wayne ans, TLVA membership is not limited to in addition to helping veterans, the Justice Center for Public Interest Law at former members of the armed forces. legal clinics also introduce students to the Law School. “I believe this kind of “With concurrent wars in Iraq and public service practice, an exposure that rewarding experience helps encourage Afghanistan, a lot of people know or should pay dividends long after they students to do more pro bono work, both have a connection to someone who graduate from the Law School. now as students and later as attorneys.”

Summer 2009 UTLAW 17 Supports

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Left to right: Director of Trial Advocacy Tracy McCormack, ’86, and Fifth Circuit Court Judges Will Garwood, ’55, Priscilla Owen, and Catharina Haynes in the Law School’s Eidman Courtroom. Residing Judges Fifth Circuit Court of Appeals hears oral arguments in the Eidman Courtroom

by Brenna Burkarth

The U.S. Court of Appeals “It is a great opportunity for the stu- before wrote the opinions of the cases the for the Fifth Circuit conducted court dents studying appellate law or trial law attorneys were citing in support of their business in the Kraft W. Eidman Court- to see what they’ve learned in progress,” arguments, so truly knowing and under- room on March 30–31, 2009, as part of McCormack said. standing the case law is of the essence.” the Law School’s Judges in Residence Lorraine Graw, a third-year law stu- Some professors, like Kamela Bridges, program. Court of Appeals Judges For- dent whose focus will be bankruptcy law, who teaches legal writing and oral advo- tunato Benavides, Catharina Haynes, said she attended the Fifth Circuit’s oral cacy courses, incorporate the Judges in Priscilla R. Owen, and Will Garwood, arguments for the unusual prospect of Residence series into their syllabus. ’55, heard oral arguments while students, watching two women judges, Haynes and “From this experience the students faculty, and the public looked on. Owen, in action. begin to internalize what makes an advo- “For the Fifth Circuit Court of Appeals “I really enjoyed listening to the judge’s cate effective,” Bridges, ’91, said. “I can tell to sit here, that’s a pretty big deal,” said questions, it was interesting to see what them in class what I believe is effective Tracy McCormack,’86, who founded the issues they picked up on and wanted the or ineffective, but that will never have Judges in Residence program in 2004. attorneys to address, and it wasn’t always the same impact as watching the process The Fifth Circuit sat in the courtrooms what the attorneys either wanted to or and reaching those conclusions on their of only two other university law schools, were prepared to discuss,” Graw said. own.” She requires her Advanced Legal Tulane and St. Mary’s, during its July oral arguments for an antitrust case Writing: Litigation class to attend the 2008–June 2009 session. that Owen, Benavides, and Haynes oral arguments each semester. McCormack created the Judges in heard, Rx.Com Inc. v. Medco Health Solu- previously, the Eidman Courtroom has Residence program four years after tions et al., dealt with issues surrounding seated the Third Court of Appeals, the coming to the Law School as director statutes of limitations. Raffaela Belizaire, Texas Court of Criminal Appeals, and the of the trial advocacy program. Designed a third-year student who plans on becom- Texas Supreme Court. Now the Judges to allow students to witness firsthand the ing a criminal law prosecutor, witnessed in Residence program is looking to host intricate workings of the judicial system, it with her Advanced Practice and Theory a governmental or administrative court, the program hosts various federal, state, for the New Millennium class. according to McCormack. Students who and appellate court proceedings every “By watching, I learned that prepara- observed the recent proceedings have semester. For a few weeks, judges transfer tion and concessions are keys in oral their sights set higher. their regular dockets, special hearings, arguments,” Belizaire said. “Some of the “Is the U.S. Supreme Court an option?” and trials to the courtroom. judges that the lawyers were arguing Graw asked.

Summer 2009 UTLAW 19 Out of the Past A Law School grant helps second-year law student Andrés Durá carry out original research on an 1813 execution for fraudulent bankruptcy in the United Kingdom

by Julien N. Devereux

Second-year law student Andrés Durá, ’10, the United Kingdom before. “This opportunity was very signifi- was able to carry out some original research in English legal cant to me, because I really didn’t know much about English history over the 2008–2009 winter break thanks to a grant from history, which is really remote for somebody from where the Law School. Durá was taking Assistant Professor Emily I’m from.” Kadens’ fall 2008 William Blackstone Seminar. During one it would not remain remote for long. On December 17, 2008, class, Kadens was discussing the history of capital punishment Durá left Austin for London. “Before I left I tried to isolate pos- for fraudulent bankruptcy—a crime in which a debtor conceals sible sources for research,” Durá said. “I found some potentially assets from creditors—in England, and said the last known good leads—one at the National Archives in Kew, a neigh- execution had taken place in 1761, but that there may have borhood in London, and the John Goodchild Collection in been another, later, exe- Wakefield,W est Yorkshire. cution for the crime in I took a train from Lon- York, mentioned briefly don to visit the Goodchild in an 1821 legal treatise first, but it initially turned by Basil Montagu. out to be a false lead. The Durá said he immedi- manuscript I was looking ately thought it might be for was about a different worth following up on John Senior who had the reference as a possi- beaten his apprentice.” ble research topic for the But Durá’s trip to York- paper he was to write for shire was not fruitless. the seminar. “The original Durá made the acquain- citation in the 1821 trea- tance of John Goodchild, tise just said ‘there may who runs the eponymous

have been’ an execution A n d rés Durá historical collection. for fraudulent bankruptcy “He gave me an impres- in York, but no other infor- sion of the local history, hoto by p hoto mation,” Durá said. “So I and helped me find out began doing date searches Andrés Durá, ’10, holds York assize records from the United Kingdom’s National Archives where the John Senior on an English newspaper in Kew, London, where he carried out historical research on the case of what was likely I was looking for lived. database for years before the last execution of somebody in England for the crime of fraudulent bankruptcy. We found two properties 1821, looking for execu- under his name and Mr. tions in York. I finally came across the 1813 execution of a man Goodchild showed me that my research would have to be named John Senior in York who seemed to fit the criteria.” broader, more general, to help narrow down where he might Durá compiled a list of people who had been convicted of be from. We found out that Senior did not own the proper- fraudulent bankruptcy and found that after 1761, though ties, but occupied them through some sort of agreement with three men were convicted of the crime, only one, John Senior, some upper-strata people. He lost some of their money at was listed as having been executed. Durá wrote his paper for horse races in Doncaster, and then committed fraud to get the Kadens’s class on the use of capital punishment for fraudulent money back. Mr. Goodchild allowed me to look through his bankruptcy and the eventual change of the statute, in 1820, index and try to find all the names in his case.W e didn’t find that allowed people to be sentenced to death for the crime, any more, though. Most were relatives. It was very interesting, and turned it in. At the next meeting of the seminar, Kadens though. I think Mr. Goodchild wondered what a person from asked Durá if he might be interested in studying Senior’s case El Paso was doing there, asking him all these questions. It was further and told him the Law School could give him a small a good cultural exchange.” grant to travel to the United Kingdom to see if he could locate Durá next went to regional archives in York, where he found original documents concerning Senior’s trial and execution. a calendar of prisoners and executions from the period in “It was totally unexpected,” said Durá , who grew up in El which Senior was executed. “In York, they still have the drop Paso and Ciudad Juárez, Mexico, and who had never visited where prisoners were hanged at York Castle, which is now a

20 UTLAW Summer 2009 museum. I spent a couple of days there have uncovered some more details, John Senior’s long-ago execution. “The researching their archives and found possibly, and genealogical research seminar and the trip that resulted from some original sources where my second- would be the best way to find out who his taking the class helped me understand hand information had come from. But petitioning creditors were,” Durá said. the underpinnings of our American the leads I had come up with in Aus- But he said he gained valuable insight common law system much better,” he tin turned out to be false as well. It’s into the legal and cultural environment said. “It was the perfect way to get to hard doing this sort of work, because that led to the eventual discontinuance know first-hand the history, people, and only about five percent of bankruptcy of capital punishment for fraudulent events that shaped our modern legal records in England from the period bankruptcy in England. “In a sense system. It also changed my approach to survive.” Senior’s case is an example of exactly legal education by providing a context Durá said further research at the the type of behavior that the bankruptcy through which I can evaluate how our National Archives in London led to find- statutes of the time were meant to deter,” contemporary legal institutions work.” ing a book with details on Senior’s trial Durá said. “But his punishment was so Durá said he has primarily been inter- and verdict, including the fact that one severe that you can’t help but feel sorry ested in legislative and immigration of the lawyers representing Senior was for him. As Montagu argued, one fun- legal work, and has participated in the related to the owner of one of the prop- damental problem with the statutes was Transnational Workers Clinic at the Law erties listed under Senior’s name. Durá that they did not account for the core- School, but that his research experience also found a report on the trial that said sponsibility of the creditors in issuing has opened up the possibility of pursu- Senior’s apparent accomplice in fraud out their loans more responsibly.” ing a teaching and academic career, as had become one of the witnesses against Durá also found that the death penalty well. “It made me aware of things I like him. Durá said many of the questions he for fraudulent bankruptcy was so uncom- doing,” Durá said. “Going to the sources, had about Senior’s trial—what the par- mon that Senior would have had some doing detective work. Whatever I do ticular circumstances that caused him reason to think it would not be applied I’d like it to have these elements. I’m to be probably the last man executed in his case. ut beyond the pleasures grateful to everyone who made this life- for fraudulent bankruptcy in England of poking around in overseas archives changing experience possible and look were--proved difficult to answer before and immersing himself in history, forward to the rest of my legal education he returned to Texas on January 7, 2009. Durá said he learned important lessons with a renewed sense of confidence and “Two or three more weeks there would beyond the particular circumstances of meaning for my legal career.”

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Summer 2009 UTLAW 21 at the Law School Twenty Years on Death Row The Capital Punishment Clinic enters its third decade of providing representation to indigent men and women facing the death penalty in Texas.

by Julien N. Devereux

or better or worse, Texas offers students in the United States take place in Texas. The death penalty of capital punishment an unparalleled opportunity remains popular with many in Texas, but there have been to learn about the process of appealing death pen- real changes in both public attitudes and legal proceedings alty cases. Texas is known around the country and regarding the death penalty. The faculty who teach the Capital Fthe world—some would say notoriously so—for its high number Punishment Clinic have had a front-row seat to watch the of death penalty convictions and executions. Faculty, staff, and changes unfold. students participating in the Law School’s Capital Punishment the CPC differs from many other clinics at the Law School in Clinic (CPC) have been carrying out the legal work required that participating students carry out work on behalf of the attor- to appeal the death sentences of neys representing death-sentenced Texas inmates since 1988. Since its clients in the appeals courts. That is, founding, nearly 450 Law School stu- “Capital punishment the students do not directly represent dents have passed through the CPC, clients themselves, but instead do and it has won many U.S. Supreme appeals work is almost like interviews and research to be used in Court cases. Stephen Bright of the the appeal, which provides an oppor- Southern Center for Human Rights being a legal pathologist. tunity to produce new evidence. in Atlanta, Georgia, and the Honor- “Our students do a lot of fact- able Patrick Higginbotham of the You cut the body of the trial finding: interviewing, researching, U.S. Court of Appeals for the Fifth tracking down witnesses,” said Rob Circuit spoke passionately at the sym- open and see what went Owen, codirector of the Capital posium about the problems with the Punishment Clinic. “It’s sort of like capital punishment system in Texas wrong. The stakes are retrying the case.” Owen said this sort and elsewhere. of intensive detective work provides the Clinic celebrated its twentieth just as high, too. A life is excellent training in getting to know anniversary of, in Dean Larry Sager’s the law inside-out. “It’s almost like words, “providing moral skepticism” hanging in the balance.” being a legal pathologist,” he said. of capital punishment on November “You cut the body of the trial open 13, 2008, with a symposium examining the progress made and and see what went wrong. The stakes are just as high, too. A challenges still faced after twenty years of helping death-row life is hanging in the balance.” inmates appeal their convictions and sentences. In addition, whether or not one supports capital punishment as a state Death Penalty Stories, edited by Jordan Steiker, CPC codirector policy, this work is vital to ensuring that the state applies the pun- and holder of the Judge Robert M. Parker Endowed Chair in ishment as fairly as possible. During the CPC’s beginning years, Law, and John H. Blume of the Cornell Death Penalty Project, Owen said, there was an explosion of capital convictions in Texas was published in 2009. The speakers and participants in the and other death penalty states—likely fueled by shock and dis- symposium agreed that though much progress has been made may at the spectacular violence accompanying the crack cocaine since the CPC began, there is still much to do. trade and a public increasingly willing to support harsher pun- Since 1988, Texas has sentenced 647 inmates to death, and ishments in order to stop it. Texas saw a huge increase in death 397 have been executed. More than one-third of the executions sentences in the eighties and early nineties. But with prosecutors

22 UTLAW Summer 2009 increasingly inclined to seek the death penalty and juries and has had on them. “Learning about the details of these people’s judges increasingly willing to impose it, the possibility that lives and how the state did nothing to prevent abuses had a wrongly convicted people might be sentenced to the state’s profound impact,” said Susan Casey, ’95, an attorney and victim ultimate sanction increased. Rather than focusing solely on outreach specialist in Atlanta, Georgia. Anne Harden Tindall, questions of guilt and innocence like the Actual Innocence ’95, of WilmerHale in Washington, D.C., said her experience Clinic, however, the CPC attempts to make sure that those who working at the CPC showed her “the humanity of the people have been sentenced to death received a fair trial and continue who are being executed,” and led her to concentrate her pro to receive high-quality representation in their appeals. bono work on death-penalty appeals. owen said that in the Clinic’s early years, the work was “The single experience that affects students the most is going often more frantic due to the speed with which Texas moved to death row,” Owen said. “It’s an all-day project to visit an from conviction to execution. “Until about 1995, Texas death inmate in Livingston. A four-hour drive there, six hours at the penalty litigation was characterized by frequent and punitive prison, and a four-hour drive back. And it really transforms execution dates,” Owen said. “Most of our efforts went into the students’ experiences of their cases. They become per- getting stays of execution, which was probably unhealthy for sonally invested in their clients. There are some fairly intense our students—though they came out of the process with a exchanges there, and it gives students an opportunity to forge healthy sense of how arbitrary the sys- personal bonds. It changes how they tem is.” Steiker agreed. “Twenty years see themselves as lawyers.” by Julien N. Devereux ago there was no orderly procedure it also exposes them to many for moving cases through the system,” aspects of the law. “Death penalty Steiker said. “And there was no guar- work is an unusual mix of trial-like antee of counsel in state habeas cases. and appellate-like work,” Steiker said. Cases moved at varying speeds based “They are appeals, but they require hoto by MARK RUTKOWSKI p hoto on idiosyncratic factors, and it wasn’t extensive investigative work and evalu- unusual for an unrepresented inmate ation of evidence, so students get to get to the brink of execution.” exposed to lots of different parts of but due to a number of factors— legal practice.” including the option for juries to as the CPC enters its third decade, sentence convicts to life sentence Steiker and Owen said they see a without parole; the use of DNA number of challenges ahead despite evidence to exonerate death-row progress made. Though life-without- inmates; media scrutiny of capital parole sentences have reduced the punishment cases; and the work of number of death sentences, they organizations like the CPC—many of have created problems of their own, these conditions have changed in the The Capital Punishment Center and the William Wayne including the sheer numbers of peo- past ten years. “We are seeing fewer Justice Center hosted “Capital Defense Lawyering and ple incarcerated in Texas. “Prisoners and fewer executions and death sen- Practice” on November 13, 2008. The symposium was a won’t become eligible for parole for tences in Texas,” Owen said. “In 1999, celebration of the twentieth anniversary of the Capital twenty, thirty-five, forty years mini- there were thirty-five to forty new cap- Punishment Clinic. Stephen Bright, president of the Southern mum,” Owen said. “We’re very early in ital punishment convictions statewide Center for Human Rights, a visiting lecturer in law at Yale this long experiment and eventually each year. It’s dropped by two-thirds Law School, and a long-time leader in the human rights will have to deal with a geriatric prison since then. This is partly because of and capital defense fields, gave the keynote speech. population and its consequences.” the availability of life without parole Additionally, Steiker pointed out that sentences and perhaps partly because the public has become the recent change in the presidential administration and its more aware of convicted inmates being found innocent.” impact on the composition of the U.S. Supreme Court could the CPC’s work in making capital punishment fairer in Texas lead to a reassessment of the death penalty’s constitutional- is important, but its work training new lawyers and exposing ity. He also said recent economic troubles could curtail the them to the ways in which the state’s criminal justice system number of executions as cash-strapped states decide whether works—and doesn’t work—is just as important. Owen said the pursuing an execution is worth the cost. CPC has three main roles: to transform the practice of death “We don’t indoctrinate our students to take a stand against penalty representation in Texas to bring it more in line with the death penalty,” Owen said. “We’ve had conservative, pro- national practice; to transform the legal landscape in Texas death penalty students come through our clinic, too. But it’s by pushing the law in the direction of greater fairness; and to often a consequence of work in our clinic that students come transform the lives of Law School students through represent- away with a sense of the arbitrariness and capriciousness, and ing death-row inmates. Indeed for many Law School students even the practical uselessness, of the death penalty.” Whatever who participated in the CPC, doing the hard research and foot one’s personal stance on the death penalty, the clinic’s work work involved in representing death-row inmates has been in helping make sure those facing capital punishment receive transformative. At the CPC’s twentieth-anniversary symposium, fair trials and high-quality appeallate representation can only several clinic alumni attested to the strong influence such work be counted as progress.

Summer 2009 UTLAW 23 at the Law School 2008–2009 Conferences, Symposia, and Events of Note

University Network for Oil, Gas, and Energy Law Constitutional Design Collaborative Governance Symposium A symposium exploring the issues facing Conflict resolution representatives from On January 22–23, 2009, the Texas Jour- the framers of constitutions around the universities across the nation gathered nal of Oil, Gas, and Energy Law hosted globe after World War II, particularly for the first national conference of the its 2009 Oil, Gas, & Energy Law Sym- since 1989, was held on January 29–31, University Network for Collaborative posium, which examined a variety of 2009. It was sponsored by the School of Governance on November 9–11, 2008. current issues in the energy industry, Law, the Lyndon B. Johnson Presiden- The program was cohosted by UT’s Cen- including carbon sequestration, the tial Library, and the Texas Law Review. ter for Public Policy Dispute Resolution, ERCOT electric market, competitive Participants included scholars actively which helped establish the Network and renewable Energy Zones built to provide involved in designing or assessing the is one of its founding members. transmission for wind farms, and SEC constitutions of Iraq, Burma, and Cali- rules relating to oil and gas. Speakers fornia. The keynote was given by Peter included a number of practitioners in Galbraith, senior diplomatic fellow at Capital Punishment Center the field, as well as UT Law Professor the Center for Arms Control and Non- Symposium: Capital Defense John Dzienkowski, who spoke on energy Proliferation, who gave a talk entitled, Lawyering and Practice law ethics, and Dick Watt, past president “The End of Iraq: How Iraq’s Constitu- of the oil and gas section of the State tion Provides a Roadmap to Partition.” The Capital Punishment Center and Bar of Texas, who discussed recent cases the William Wayne Justice Center in oil and gas law. hosted “Capital Defense Lawyering and Practice” on November 13, 2008. The symposium was a celebration of The Post-Guantanamo Era: the twentieth anniversary of the Capi- A Dialogue on the Law and Policy tal Punishment Clinic. Stephen Bright, of Detention and Counterterrorism president of the Southern Center for Human Rights, a visiting lecturer in On January 28, 2009, the Law School law at Yale Law School, and a long-time and the Robert S. Strauss Center for leader in the human rights and capital International Security and Law hosted defense fields, gave the keynote speech. a panel discussion entitled, “The (See article on page 22.) Post-Guantanamo Era: A Dialogue on the Law and Policy of Detention and Counterterrorism,” about the task of The Rise of Appellate Litigators reforming the government’s approach and State Solicitors General to military detentions. Panelists included John Bellinger, who served as legal The Review of Litigation’s 2009 sympo- adviser to the secretary of state and to sium, “The Rise of Appellate Litigators the National Security Council during the and State Solicitors General,” was held Bush Administration; Benjamin Wittes January 22–23, 2009. It explored the of the Brookings Institute, author of the creation of the state solicitor general and book Law and the Long War: The Future John Bellinger, legal adviser to the secretary state appellate chief positions in recog- of Justice in the Age of Terror; and Steven of state and to the National Security Council nition of the tenth anniversary of the Vladeck, professor of law at American during the second Bush Administration, at the creation of Texas’s Office of solicitor gen- University and coauthor of a brief to panel discussion, “The Post-Guantanamo Era: eral. R. Ted Cruz, former Solicitor General the Supreme Court on behalf of Guan- A Dialogue on the Law and Policy of Detention of Texas, gave the keynote speech. tanamo detainee Salim Hamdan. and Counterterrorism”

24 UTLAW Summer 2009 legal and policy implications related to China’s rise in political and economic power, beginning with a keynote address from Timothy Reif of the Office of the U.S. Trade Representa- tive. Reif discussed how the Obama administration will address the many challenges and opportunities arising in the U.S.-China trade relationship.

The Constitution and the Family in Comparative Perspective

In February, a multidisciplinary conference was held that examined the legal and political issues surrounding the constitution and the family. It was devoted to a consideration of the family in legal Ran Hirschl of the University of Toronto, William Eskridge of Yale Law School, Mark Tushnet of Harvard and political thought and practice, and Law School, and Lucas Powe of the University of Texas School of Law, participated in a panel entitled, explored the variability with which the “Constitutional Amendment and the General Problem of Constitutional Change,” part of the institution is imagined and experienced Constitutional Design symposium. within different national contexts.

Exploring the Obvious: The Rapoport Center forum, Evolution of Intellectual Property Bringing Human Rights Home Voting Rights in a New Administration The Texas Intellectual Property Law Jour- Veteran activists, international and nal’s tenth annual intellectual property criminal law attorneys, community The Texas Journal on Civil Liberties & symposium was held on February 6, leaders, and academics came together Civil Rights hosted its 2009 symposium: 2009. Entitled “Exploring the Obvious: on February 21, 2009, for an important “Voting Rights in a New Administration” The Evolution of Intellectual Property,” conversation about the relevance of on March 9, 2009. Energized by a com- the symposium featured topical discus- human rights as a tool for racial justice pelling campaign season, millions of new sions about recent developments in for African Americans. The forum exam- voters surged to the polls to make their intellectual property law. The keynote ined the little-known history of the black voices heard in the 2008 presidential elec- address was given by Tom Reger of Fish human rights movement in the United tion. Americans defend their ability to & Richardson PC. Other distinguished States prior to the civil rights era, and vote as a fundamental right and a sacred speakers included: The Honorable discussed how local community strug- civic duty and the protection of voting Joseph J. Farnan Jr., United States Dis- gles for dignified lives are reaching the rights continues to be a hotly contested trict Court for the District of Delaware; international stage. Speakers included issue, as evidenced by the court battle for the Honorable Lee Yeakel, United States Carol Anderson, associate professor of Minnesota’s Senate seat. The symposium District Court for the Western District African American studies at Emory Uni- looked at how courts have adjudicated of Texas; and the Honorable Robert versity; Roger Wareham, a criminal law voting rights cases in the past, and specu- Faulkner, retired magistrate judge for and human rights attorney; and Soffiyah lated about how the Justice Department the Eastern District of Texas. Elijah, a criminal law attorney and direc- under the Obama Administration will tor of Harvard Law School’s Criminal approach these issues. Justice Clinic. Law and Philosophy Program sponsored the annual Leon Green, Plebiscites, Proposition 8, ’15, Lecture in Jurisprudence China’s Emergence: and Constitutional Democracy Effects on Trade, Investment, The Law and Philosophy Program spon- and Regulatory Law The California Supreme Court recently sored this year’s annual Leon Green, ’15, heard oral arguments in the Proposition Lecture in Jurisprudence with NYU law The Texas International Law Journal’s 8 case in order to decide the constitution- and philosophy professor Liam Murphy 2009 annual international law sympo- ality of the ballot measure that changed on February 13, 2009. Murphy spoke sium was entitled “China’s Emergence: the California constitution to eliminate on “Where Legal Disagreement Runs Effects on Trade, Investment, and same-sex marriage. To address the mul- Out.” Regulatory Law.” It addressed the titude of issues raised by Proposition 8

Summer 2009 UTLAW 25 at the Law School Enduring Role of Race in the American Death Penalty.” The keynote speech was given by Bryan Stevenson, director of the Equal Justice Initiative and recipient of a MacArthur Foundation Fellowship, who spoke on “Confronting Injustice: Race, Poverty and Psychic Harm.”

Lesbian, Gay, Bisexual, and Joy James, visiting scholar at the UT Center for African and African American Studies; Soffiyah Transgender Legal Advocacy Elijah, deputy director of Harvard School of Law’s Criminal Justice Institute; Cliff Brown of the Office Conference of the Police Monitor, Austin Police Department; Nelson Linder, president of the Austin Chapter of the NAACP; and Robert Owen, clinical professor at UT Law’s Capital Punishment Clinic participated in a The third annual lesbian, gay, bisexual, panel entitled “‘Let My People Go’: The Impact of the Criminal Justice System on Black Communities,” and transgender legal advocacy confer- which was held as part of the Rapoport Center’s forum, “Bringing Human Rights Home.” ence, “Legal Advocacy on LGBT Issues in the 81st Texas Legislative Session,” and the accompanying litigation the In the Boots of a Soldier, was held March 5, 2009. Focusing on Law School hosted a panel discussion, A Symposium on Veterans Law the recent Texas legislative session and “Plebiscites, Proposition 8, and Constitu- Issues building advocacy alliances, the confer- tional Democracy.” The panel discussion ence was hosted by UT Law’s OUTLaw was organized the Law School student The Law School’s Texas Law Veterans chapter with support from Equality group OUTLaw. Association hosted a symposium entitled Texas and the Sexual Orientation and “In the Boots of a Soldier: An Examina- Gender Identity Issues section of the tion of Current Legal Issues for Military Texas State Bar. Human Rights at UT: A Dialogue Veterans” on April 3, 2009. (See related at the Intersection of Academics story on page 16.) and Advocacy

The 2008–2009 school year marked the Ninth Annual Symposium five-year anniversary of the Bernard on Dispute Resolution and Audre Rapoport Center’s efforts to explore the intersection of international A keynote presentation on restorative human rights academics and advocacy. justice was the highlight of the Ninth To commemorate this milestone, the Annual Spring Symposium on Dis- Center’s fifth annual human rights con- pute Resolution. The symposium, held ference considered human rights work on April 23, 2009, and hosted by the in the University of Texas system. This Center for Public Policy Dispute Reso- event was cosponsored by the UT Librar- lution at the Law School, also featured ies; South Asia Institute; the Humanities six UT graduate and law students who Institute; the Performing Arts Center; presented research on various dispute the Office of Thematic Initiatives and resolution topics. The keynote was given Community Engagement; the Office of by Marilyn Armour of the UT School of the Vice Provost for Health Affairs; and Social Work. In addition to the keynote the Ethnic and Third World Literature presentation, the symposium featured program in the Department of English. panelists Ronnie Earle, former district “Human Rights at UT: A Dialogue at the attorney for Travis County; John Sage of Intersection of Academics and Advo- Bridges to Life; and Mark Odom of the cacy,” was held on March 26–28, 2009, Texas Department of Criminal Justice. and engaged human rights faculty, staff, and students in dialogue, reflection, and evaluation of the diversity of international Imprisoned by the Past: and transnational human rights issues in The Enduring Role of Race which UT campuses are involved. Confer- in the American Death Penalty ence attendees also considered the state of human rights theory and practice and The Capital Punishment Center at the Bryan Stevenson of the Equal Justice Initiative their possible future trajectories. Law School presented a conference spoke at “Imprisoned by the Past: The Enduring entitled, “Imprisoned by the Past: The Role of Race in the American Death Penalty.”

26 UTLAW Summer 2009 Law and Innovation: The Embryonic Stem Cell Controversy

The George McMillan Fleming Center for Law and Innovation in Biomedicine and Healthcare presented “Law and Innovation: the Embryonic Stem Cell Controversy,” a conference that exam- Lawrence S. B. Goldstein, professor of medicine at the University of California, San Diego, and Paul ined how law, science, and ethics have Simmons, director of the Center for Stem Cell Research at the Brown Foundation Institute at the affected stem cell science and the pace University of Texas Health Sciences Center in Houston, participated in a panel entitled “Review and at which its promise will be realized. Update on Embryonic Stem Cell Science,” which was moderated by John Robertson, the Vinson and Presenters included national experts Elkins Chair at the Law School. The panel was part of “Law and Innovation: the Embryonic Stem Cell on religious, legal, scientific, and pol- Controversy,” a conference sponsored by the George McMillan Fleming Center for Law and Innovation icy aspects of the embryonic stem cell in Biomedicine and Healthcare. controversy.

Women’s Power Summit on Law and Leadership

The Center for Women in Law hosted ners, tenured law professors, and general the “Women’s Power Summit on Law counsel by 2015; to achieve no less than and Leadership,” which featured U.S. ten percent equity partners who are Supreme Court Justice Sandra Day women of color by 2020; to restructure O’Connor as the keynote speaker. Sum- the compensation systems to reward the mit participants assessed the progress full range of contributions by attorneys; that has been made, identified the end and to encourage law schools to include goals, and drafted the “Austin Manifesto leadership and business skills for a wide on Women in Law,” a statement of prin- range of career paths in their curricula. ciples and pledges designed to address immediately prior to the Summit, the myriad obstacles facing women in the leaders and representatives from the legal profession. Former U.S. Supreme principal organizations researching Court Justice Sandra Day O’Connor gave and promoting the advancement of the keynote address, encouraging partici- women in the legal profession met to pants to strengthen the fight for gender collaborate and leverage their resources Justice Sandra Day O’Connor gave the keynote parity in the legal profession. to accelerate the pace of change for speech at the Women’s Power Summit on Law “The Summit produced a collaborative, women lawyers. The discussion focused and Leadership, an event sponsored by the meaningful dialogue that led to a pledge on performance evaluation bias, lead- Center for Women in Law of tangible action,” said the Center’s ership development, fair compensation Executive Director Hannah Brenner. and credit, work design models, reten- Summit have achieved great prominence “This Summit created an opportunity to tion, and the need for additional data. in the legal profession, but study after unite around the common goal of remov- “The Summit and the gathering of study shows that women, in general, ing the impediments to women’s progress these organizations are two historic have far less power, make substantially in the legal profession. It was also the first firsts,” said DianeY u, the Summit’s chair less money, and have significantly less time on a national level that such a group and chief of staff and deputy to the pres- access to leadership positions, important of accomplished women leaders in the ident of New York University. “This was assignments, mentorship, and networking profession gathered to discuss, establish, a unified, national, coordinated effort opportunities than their male counter- and commit to a series of specific action- that will strengthen our voice, expand parts. This is unacceptable. Our group is items directed at resolving the issues that our influence and provide momentum committed to changing the status quo.” persist for women lawyers.” for the efforts to ensure that women law- only seventeen percent of law firm Summit participants adopted the yers attain leadership positions in their partners and only eighteen percent “Austin Manifesto,” a document which respective fields.” of corporate general counsel are resolves to eliminate the barriers that have “We took a giant step forward with this women. Although other advances have thwarted the advancement of women in Summit, but we recognize there is much occurred––most notably, that women the legal profession for the past several more we can do and will do,” said Cathy now constitute approximately fifty decades. Among its twelve pledges, the Lamboley, one of the Center’s founders percent of U.S. law students––these lead- participants committed to achieve no less and retired general counsel for Shell Oil ership figures have generally remained than thirty percent women equity part- Company. “The attorneys represented at the stagnant over many years.

Summer 2009 UTLAW 27 Why do so many of the world’s leading companies take us to court?

Results.

Proud sponsor of the 2009 UT Law School Reunion

Complex Business Litigation Intellectual Property Litigation

28 UTLAW Summer 2009 New Faculty Books

Jeffrey Basil S. (With Margaret J. Radin, John A. Abramson Markesinis Rothchild, and Gregory M. Silverman) Minerva’s Owl: The Duality of Internet Commerce: The Emerging Legal The Tradition Genius: Shades, Framework, 2nd Edition, 2008 Supplement of Western Blemishes, and (Foundation Press 2008) Political Thought Vices in the Lives (Harvard University of Great Achievers Robert J. Peroni Press 2009) (Jan Sramek Federal Income Tax: Code and Regulations, Verlag 2009) Selected Sections (member, editorial board) and International Income Taxation: Code and Regulations, Selected Sections Mark L. Ascher Thomas O. (coordinating editor, with contributing (with Robert T. Danforth) McGarity editors Charles H. Gustafson & Richard Federal Income Taxation of Trusts and The Preemption Crawford Pugh) (CCH Inc. 2008) Estates: Cases, Problems and Materials, War: When Federal 3rd Edition (Carolina Academic Press 2008) Bureaucracies David W. Robertson Trump Local Juries and Michael F. Sturley Daniel M. Brinks (Yale University Admiralty and Maritime Law in the United The Judicial Response to Police Killings in Press 2008) States: Cases and Materials, 2nd Edition Latin America: Inequality and the Rule of Law (Carolina Academic Press 2008) (Cambridge University Press 2007) Linda S. Mullinex Wayne Schiess Frank B. Cross Mass Tort Litigation: Cases and Materials Preparing Legal Documents The Theory and Practice of Statutory and Teacher’s Manual to Accompany Mass Nonlawyers Can Read and Understand Interpretation Tort Litigation: Cases and Materials and The Legal Memo: A Basic Guide (Stanford University Press 2008) (West 2008) (American Bar Association 2008)

Jon Deigh Lucas A. Ernest E. Smith Emotions, Value, and the Law Powe Jr. (with Owen L. Anderson, (Oxford University Press 2008) The Supreme John S. Lowe, and David E. Pierce) Court and the Forms Manual to Cases and Materials Kristine American Elite, on Oil and Gas Law, 5th Edition A. Huskey 1789-2008 (Thomson West 2008) Justice at (Harvard Guantanamo: One University Woman's Odyssey Press 2009) Jordan and Her Crusade Steiker for Human Rights (editor, with (The Lyons R. Anthony Reese (With Paul John H. Blume) Press 2009) Goldstein and Alan M. Goldstein) Death Penalty Copyright, Patent, Trademark and Related Stories State Doctrines, Cases and Materials on (Foundation Stefanie the Law of Intellectual Property, 6th Edition Press 2009) Lindquist (Foundation Press 2008) and Frank B. Cross (with Jane C. Ginsburg) Measuring Copyright, Cases and Materials, 7th Edition, Jay L. Westbrook Judicial Activism 2008 Supplement and Statutory Appendix The Law of Debtors and Creditors: (Oxford University (Foundation Press 2008) Text, Cases, and Problems Press 2009) (and Teacher’s Manual) (Wolters Kluwer Law & Business 2008)

Summer 2009 UTLAW 29

Law School Launches Human Rights Clinic A new clinic, started in spring 2009, will offer students the chance to work on national and international human rights projects and cases.

I n SPRING 2009, the Law School launched a new legal clinic, the Human Rights Clinic, to undertake cases and projects that illustrate the breadth of human rights practice, including fact finding, reporting, and public advocacy. p e by S te p h wo p hoto Under the supervision of Clinical Professor Ariel Dulitzky, an interdisciplinary group of law students and graduate students will work on human rights projects and cases from the advocate’s perspective. The clinic seeks to develop both theoretical and practical skills through student involvement in activities such as supporting litigation of human rights claims in domestic and international fora; inves- The Law School’s new Human Rights Clinic will work on human rights projects from the advocate’s tigating and documenting human perspective. Spring 2009 participants included (back row, left to right) Sara Leuschke, Chris Willett, rights violations; supporting advocacy (middle row) Emily Spangenberg, Annie Depper, Prof. Ariel Dulitzky, (bottom row) Meghan Vail, and initiatives before United Nations, Danielle Nasr. regional, and national human rights bodies; and engaging with global and community before the Inter-Ameri- Racial Discrimination. He has been a local human rights campaigns. can Commission on Human Rights consultant for the Office of the United the clinic draws from the successful (IACHR). Nations Human Rights High Commis- experience of Dulitzky’s spring 2008 “We are pleased to offer students sioner and the Inter-American Institute course, Advanced Human Rights Advo- the opportunity to participate in our on Human Rights. Dulitzky has directed cacy. In that course, students helped to new Human Rights Clinic,” said Eden the litigation of more than one hundred prepare an amicus brief submitted to the Harrington, assistant dean for clinical cases in front of the Inter-American Com- Peruvian court trying former Peruvian education at the Law School. “The clinic mission and Court on Human Rights. President Alberto Fujimori for human is expanding on the valuable human “The Human Rights Clinic is unique rights abuses; analyzed and documented rights work undertaken by the Bernard and deploys an innovative approach,” human rights violations taking place and Audre Rapoport Center for Human Dulitzky said. “The clinic is truly inter- as a result of plans to construct a wall Rights and Justice, and I’m confident it disciplinary. All the projects and cases along the Texas-Mexico border; docu- will be a great success.” allow working across disciplines and use mented the situation of rural workers Dulitzky is a leading expert in the inter- the perspectives of different fields to in Guatemala; supported the request American human rights system. Prior to enhance the overall theoretical frame- of the Ecuadorean Truth Commission joining the Law School, he was assistant work. In addition, while all the projects for the declassification of documents executive secretary of the IACHR, an and cases entail working in partnership related to human rights abuses in that autonomous organ of the Organization with international institutions, national country; drafted a legal analysis sup- of American States (OAS). Dulitzky agencies, and/or nongovernmental orga- porting the reopening by a prosecutor received the 2007 Gary Bellow Public nizations, some of those projects are part of a criminal investigation into a 1980s Service Award from Harvard Law School of long-term relationships with partner forced disappearance in Honduras; for his career in human rights. He has organizations and community activists prepared a study for a Colombian think served as advisor to the IACHR’s first spe- to advocate for the advancement of the tank regarding the functioning of public cial rapporteur on Afro-descendants, a specific rights.A s part of this long-term institutions dealing with discrimination position he helped to establish in 2005, involvement, students will be offered the in Latin America; and prepared a claim and as technical advisor to the OAS Work- opportunity of continuing with their work for protection of traditional lands to be ing Group discussing the adoption of a on their projects through summer intern- brought by an Afro-Brazilian quilombo new Inter-American Convention against ships with our partner organizations.”

Summer 2009 UTLAW 31 Se i z e t h e Da y : t h e Ca m p a i g n f o r UT La w

The Long Career Launch Program

In 2008 the Law School created the Long Career Launch Program to make it financially possible for recent graduates to gain work experience in unpaid legal internships while they wait for bar results. Funded by a $2 million endowment from Joe R. and Teresa Lozano Long, the Program grants a $6,000 stipend to participating graduates so they can begin their legal careers by working with a government agency or a nonprofit public-interest organization right out of law school.

lice Dolson, ’08, decided long before The Long Career Launch Program was established in 2008 to she graduated from law school that she wanted help University of Texas School of Law graduates bridge the gap to work as a prosecutor. “Unfortunately, pros- between law school and practice by offering stipends for work ecutor’sA offices rarely have the resources to guarantee recent in unpaid internships at government agencies and nonprofit graduates a job before they get admitted to the bar,” Dolson public-interest organizations. These can be difficult months— said. But a new initiative at the Law School made it possible for particularly for people interested in public-interest practice— her to work at the Travis County Attorney’s Office immediately because of the acute shortage of paid positions available to following graduation. recent graduates who aren’t yet licensed to practice law.

Joe R., ’58, and Teresa Lozano Long 32 UTLAW Summer 2009 p e by S te p h wo p hoto

Joe R., ’58, and Teresa Lozano Long Summer 2009 UTLAW 33 Se i z e t h e Da y : t h e Ca m p a i g n f o r UT La w

By making it possible for recent Many of the Long Career Launch Joe R. and Teresa Lozano Long graduates to accept unpaid internships participants received and accepted jobs This remarkable program was made without worrying about how they will from their sponsoring employers; others possible by a generous gift from Joe and meet their basic expenses, the Program were successfully referred to other pub- Teresa Lozano Long. enables them to work and gain valuable lic-service or public-interest employers. “Terry and Joe Long are extraordi- experience in the field—experience that Almost all the participants found attrac- nary people and wonderful friends of will serve them their entire careers. tive employment. In the end, the first the Law School,” Dean Larry Sager Additionally, the Program places year of the program was a breathtaking said. “Their endowment of the Career young talent in organizations that oth- success at both easing entrance into the Launch program is the latest in a long erwise would not benefit from their job market and making public-interest series of remarkably generous gifts. I contributions, increasing the reach of and public-service options available to simply cannot thank Joe and Terry those organizations and expanding UT Law graduates. enough for their sustained good coun- access to justice. During its pilot year, “The Program gave me an opportu- sel, friendship, and support.” thirty-eight graduates participated, work- nity I would not otherwise have had,” Teresa and Joe completed their ing in twenty-six different organizations, Sarah Drescher,’08, said. “I learned undergraduate work at the University ranging from the Office of theA ttorney about Texas judicial bypass law, an area of Texas at Austin. Teresa earned both a General of Texas to the United Nations of law I had no previous background in. master’s degree and a doctorate in edu- Assistance to the Khmer Rouge Trials. Shelia Cheaney, my supervisor and the cation at UT as well, and Joe is a 1958

“The Long Career Launch Program has proven to be a wonderful opportunity for both graduates and the people of Texas alike.” — James C. Ho, Solicitor General of Texas

“The Long Career Launch Program executive director of Jane’s Due Process, graduate of the Law School. They met has proven to be a wonderful opportu- has been uniformly generous and sup- and married while Joe was in law school nity for both graduates and the people portive. Most of all, I have appreciated and Teresa was working on her PhD. of Texas alike,” Texas Solicitor Gen- the chance to do meaningful legal work Early next year they will celebrate their eral James C. Ho said. “Two UT Law that really helps people. Especially after fifty-second anniversary. graduates were placed with the Office spending months preparing for the bar Together, Joe and Teresa have con- of the Solicitor General last fall. Both exam, the work I’ve done through the tributed so much to the Law School, the have contributed to a number of our Long Career Launch Program reminded University of Texas, and to the state of most important cases, including matters me why I wanted to be a lawyer in the Texas that it is impossible to count the before the U.S. Supreme Court and the first place.” myriad benefits.T he Long Career Launch Texas Supreme Court. Both have con- The Program is administered by the Program is one among many initiatives fronted a variety of challenging legal Career Services Office under the leader- they have supported—others include the issues involving the U.S. Constitution ship of Assistant Dean David Montoya, University of Texas Health Science Cen- and the administration of Texas gov- ’95. “This program helps students get ter at San Antonio; the Teresa Lozano ernment. We were so pleased with their into practice, learn about opportunities Long Institute of Latin American Stud- work that both were offered—and, we they may not have considered, and form ies; the Long Center for the Performing are glad to say, both accepted—paid, legal-world connections,” Montoya said. Arts; as well as numerous scholarships, full-time, one-year positions in the “We are very pleased with the results professorships, and fellowships at the office.” so far.” University of Texas at Austin.

34 UTLAW Summer 2009 S tudents who participated in the first year of theL ong Career Launch Program worked with Working with a wide organizations including: variety of public-service Advocacy, Inc. American Civil Liberties Union employers, from the Office Office of theA ttorney General of Texas California Office of theA ttorney General of the Attorney General California Department of Justice City of Austin Law Department of Texas to the United Dallas City Attorney’s Office Dallas County District Attorney’s Office Nations Assistance to the Equal Justice Center Legal Aid of NorthWest Texas Khmer Rouge Trials, Legal Hospice of Texas Lower Colorado River Authority participants gain experience Jane’s Due Process National Labor Relations Board that will serve them their Open Society Justice Initiative San Diego County Public Defender’s Office entire careers. Texas Association of School Boards Texas Commission on Environmental Quality

Texas General Land Office Joe’s support for the Long Career Launch Program can be traced to his early adult life, during which he held a variety of jobs—from school teacher Texas State Board of Pharmacy to chief of the Enforcement Division of the State Securities Board to dairy farmer. This broad experience was a tremendous benefit when he opened Texas RioGrande Legal Aid his own Austin-based practice that specialized in banking and savings and Transnational Worker Rights Clinic loan law. Teresa worked for years as an educational consultant to the Texas Education Agency and to Head Start and other federal programs. Both the Travis County Attorney’s Office Longs are believers in the transformative value of education, which is why they direct so much of their philanthropy to higher education. They both serve on Travis County Juvenile numerous boards that benefit education, civic life, and the arts. Public Defender’s Office “When Dean Sager approached me with the idea for this program it really United Nations Assistance resonated,” Joe said. “I could see how it would serve recent graduates and to the Khmer Rouge Trials the larger community. I had some struggles as a young lawyer. I wasn’t in the top ten percent of my class. But people reached out and helped me. So I discussed the idea with Terry, and since she liked it, too, we decided to invest Alumni interested in contributing to this in it. We hope others will join us in contributing to this program, as well. It program can contact the Law School’s would be wonderful to make this opportunity available to more graduates Development Office at (512) 232-1939. and organizations.”—Kirston Fortune

Summer 2009 UTLAW 35 Se i z e t h e Da y : t h e Ca m p a i g n f o r UT La w a j lah Feanny/ C orbis hoto by N p hoto James A. Baker III Chair in the Rule of Law and World Affairs Friends and admirers of James A. Baker III recently donated $1 million to endow the James A. Baker III Chair in the Rule of Law and World Affairs, which will bring a prominent international public figure who has done significant work at the intersection of public policy and the law to both the University of Texas and to the Baker Institute at Rice University. Baker, a 1957 graduate of UT Law, served as White House chief of staff and then secretary of the treasury during the administration of President Ronald Reagan, and as secretary of state during President George H.W. Bush’s administration. At a recent black-tie dinner honoring Law School donors, Baker spoke on the current state of international law and the American political scene. He was introduced by Joe Jamail, ’52. His remarks at that event are published here in full.

36 UTLAW Summer 2009 hank you, Joe, international law—because the global Some see international law as a “soft” for that generous landscape is changing, perhaps more discipline with little practical applica- introduction. rapidly than ever before. As a result, tion, or alternatively, as undesirably Ladies and Gentle- there is a greater interdependency restricting a state’s ability to act in its men, it is a special between nations as we face serious global own self interest. Others see power poli- honor to have an challenges. These challenges include, tics as brutish, a poor substitute for the endowed chair named after me at but are not limited to: international stabilizing effects of law. Tthis illustrious law school, where the terrorism, the spread of weapons of What is needed is a realistic approach last three generations of James A. mass destruction, climate change, mass that pragmatically recognizes the coun- Bakers earned their law degrees and migrations of workers, a demand for try’s needs without compromising its where I gained valuable skills that influ- resources, and economic stability. ideological strength. This is true for enced my private and public careers. I Despite predictions that American many aspects of American policy, both have a special place in my heart for this influence is waning, we continue to be domestic and international. institution, my alma mater, and I would the great nation that has provided the And it is especially true with respect like to thank everyone who contributed premier leadership role on the world to the effect of the rule of law on world to make this chair possible. stage since the Cold War ended. Other affairs. But I want you to know that I feel very countries are catching up—notably Finally, ladies and gentlemen, let me lucky that you agreed to name this chair China and India. But today and for say a few words about the recent election. for me when you did. If you had post- the foreseeable future, no country can Although, as everybody knows, I am poned your decision until after the stock match us in terms of military power, a dyed-in-the-wool Republican who sup- market tumbled, you might have had economic clout, diplomatic reach, and ported John McCain, I think November to call it the James A. Baker III “Fold- most importantly, the strength of our 4, 2008, was a proud moment for our ing” Chair in the Rule of Law and World principles and values. nation, when an inspirational Ameri- Affairs. Having said that, however, we cannot go can gave his acceptance speech as the By the way, I am really impressed with it alone when tackling those global chal- president-elect of the United States of the things on this campus named after lenges I mentioned, and we should not America. Joe Jamail. try. Neither the United States nor even Our belief that “all men are created There is the football field, a swimming a group of developed countries has the equal” rings a little truer tonight. pool, a handful of endowed Law School wherewithal to effectively address them. In January, we will have a new presi- chairs, a pavilion, an academic room, a It will take the sustained cooperation of dent, a new Congress, and hopefully, legal research center, and who knows many nations who understand that in a new attitude that can bridge the what else. this age of globalization the problems of red state-blue state divide that splits Sometimes I wonder if “Bevo” isn’t the world do not stop at borders. America. Lebanese for “Jamail.” And that means that the rule of law— Senator Obama’s biggest challenge Of course, the truth is, few are as as established through international will be to help our country get beyond deserving of recognition as Joe Jamail. law—must be an essential reference the political dysfunction that has too His life story—rising from working in his point for U.S. diplomacy. Many aspects often prevented us from working as a parents’ grocery store to become one of of our existence on this earth are unified nation. And the best way to do the world’s most admired (and feared) grounded in real agreements among that, I believe, is to govern from the lawyers—is a testament to the fact that nations—everything from safe passage pragmatic center of our polity rather through hard work, generosity, and a on the sea to the security of interna- than from one ideological extreme or lionhearted nature, you can accomplish tional financial transactions. These are another. great things in our country. essential to a just international order. Senator Obama, of course, will feel It helps, of course, to have been a Of course, that international order is pressure from members of his own party Marine! sometimes shattered by horrors such as who want to carry the country more to Joe, thank you for all that you have the Holocaust or the barbarity of an indi- the left. That is to be expected. done for Texas, and especially for pro- vidual aggressor. This does not, however, But he has demonstrated a capacity viding me with a wonderful friendship constitute proof that international law is for inclusion as well as being his own for so many years. meaningless—no more than an unsolved man. Should he govern from the center, Ladies and gentlemen, I welcome theft constitutes proof that there is no Senator Obama will find that there are the idea that a chair named after me such thing as a law prohibiting it. Democrats and many Republicans who is dedicated to the “Rule of Law” and International law—as it affects global are ready to work together to solve the “World Affairs” because I believe that politics—is a concept that seems in dire difficult problems that confront us. the United States cannot play an effec- need of a bridge between the theoretical In the end, that is what Americans tive role in the latter without a firm and the practical. most want. grasp of the former. As both a diplomat and a lawyer, I find Thank you for this honor, God bless And so tonight, I would like to focus it unfortunate that the two sides so fre- you, and may God bless our great on one aspect of the rule of law— quently talk past one another. nation.

Summer 2009 UTLAW 37 Alumni Focus

“One’s training in a place as good as UT Law gives you many tools: legal training, to be sure, but also discipline in thinking through problems, and the ability to distill what’s most important in a given context. It was a real privilege to attend UT and a continuing privilege to be able to use my training to help make the world a better place.”

Force of Nature

Great careers in public-inter- work that fulfilled the description, first opportunity to work as a staff attorney in est law don’t often begin near the at the U.S. Department of Justice’s the new Wildlife and Marine Resources Ngorongoro Crater. But it was there, in Office of Legal Counsel, then at the Section, and later ran it.” the Crater Highlands of Tanzania, that World Wildlife Fund (WWF), and now at Fuller’s next step was to join the Ford Foundation Chair Kathryn Fuller, the Ford Foundation, the second-largest World Wildlife Fund for a conserva- ’76, came to the decision to go to law foundation in the United States, whose tion-law project she helped to design. school and to use her legal education to focus is on “strengthening democratic “The project turned into a job,” Fuller help preserve the natural environment. values, community and economic devel- said. “Eventually I served as general “I was a literature major at Brown, but opment, education, media, arts and counsel at WWF, covering an array always very interested in biology,” Fuller culture, and human rights.” of questions—tax, employment, real said. “After college I ended up working “Studying at UT was a wonderful property, licensing, trademark—that we at the Harvard Museum of Comparative experience,” said Fuller, who worked confronted as a large nonprofit.” (In a Zoology, where I got to know some of for the Office of the Attorney General well-known case, Fuller took part in a the professors. I wound up signing on to of Texas while at the Law School and 2000 suit, filed in theU nited Kingdom, help a professor and his wife who studied clerked for the chief judge of the South- against the World Wrestling Federation wildebeest behavior in the Ngorongoro ern District of Texas after graduation. for a breach in a licensing agreement Conservation Area in Tanzania. I had “Serendipitously, I found a job at the between the two organizations over always cared about conservation, but Office of Legal Counsel after finish- rights to use the initials in its name and once I found myself in Africa I knew ing my clerkship, and worked there for logo. The wrestlers lost the case and I had to learn how to do conservation two-and-a-half years. In the back of my now go by the name of World Wrestling work professionally and thought law mind, though, was my commitment to Entertainment.) school would provide good tools.” nature conservation. I took the oppor- Fuller’s varied background, training, “Wildlife lawyer” is not a common job tunity while on maternity leave to talk and experience all figured heavily in her description now, and it certainly wasn’t to various people in the environmental conservation work. Because ecosystems when Fuller graduated from the Law community and learned that a wildlife are not contained within national or juris- School. But Fuller said the legal educa- section in the Justice Department’s dictional borders, conservation requires tion she received was instrumental in Land and Natural Resources Division expertise in a wide variety of legal, helping her chart out a path to finding was about to start up. I jumped at the economic, and scientific disciplines.

38 UTLAW Summer 2009 “At WWF, I personally spent a lot of time on conservation finance,” Fuller said. “We carried out some of the early debt-for-nature swaps. At a time when developing countries were having difficulties servicing their debt, a number of them worked out deals with their creditors to swap discounted debt for equity in local for-profit ventures. We thought, ‘Maybe you can make deals for nature conservation, too.’ So we would acquire discounted debt by donation or purchase which was then redeemed by the debtor country in local currency to support conservation work such as the establishment or management of a park for which resources were otherwise lacking.” Even when conservation work involves engaging international markets, Fuller stresses the importance of focusing on the engagement of local communities. “I spent a lot of time thinking about the role of communities, and especially women, in conservation,” Fuller said. “You can design an elegant conservation initiative, but unless local people are integral to its planning and imple- mentation, it has a much lower chance of success. In Zambia, for example, a project designed to protect elephant populations and provide income for local communities failed to consult local women. As a consequence, a rebounding elephant population began trampling vegetable gardens. So the project had to be adjusted.” Fuller’s ability to think of innovative ways to use her legal education to improve people’s lives has continued at the Ford Foundation, of which she became chair in 2004. “A major thrust of our work at WWF was engaging market forces, from global to local, by S am K ittner p hoto to bring about change,” Fuller said. Ford Foundation Chair Kathryn Fuller, ’76 “The Ford Foundation’s focus is on social justice, a different starting point tion into other important public-interest learned at the Law School helped her from the World Wildlife Fund’s, but also arenas. “The Foundation makes about to make the public-interest career first requiring understanding and engaging $600 million a year in grants—roughly imagined in a crater in Africa a reality. of stakeholders across multiple levels, half in the U.S., and half abroad—to “One’s training in a place as good as UT disciplines, and geographies.” fund programs that strengthen demo- Law gives you many tools: legal training, Fuller said the Ford Foundation pro- cratic values; that help poor people to be sure, but also discipline in think- vides grants in peace and social justice; obtain assets such as housing that help ing through problems, and the ability to asset building and community develop- them out of poverty; and that enable distill what’s most important in a given ment; and education, arts, and culture. disadvantaged populations to pursue context. It was a real privilege to attend She said working with the Foundation, college and post-graduate education. UT and a continuing privilege to be able which was founded in 1936, has allowed It’s a broad swath of work.” to use my training to help make the world her to expand beyond nature conserva- Fuller emphasizes that the skills she a better place.”—Julien N. Devereux

Summer 2009 UTLAW 39 Alumni Focus

“I work every day like I just started this job. If I ever get to the point where I’m not as excited as I was when I showed up as a thirty-five-year-old— if I ever lose that zeal—I know it’s time to go.”

A Life in Politics

Texas State Senator Rodney Ellis, lot of time around the capitol using the and he counts bicycle safety legislation ’79, a Houston Democrat representing skills I was learning in school to apply as a priority.) District 13, knew from the moment he in that laboratory. I liked being around This past session, he’s been pushing joined the debate team in junior high lawmakers and being in the middle of for criminal-justice reforms, working school that he wanted to dedicate his the brawl.” to prevent wrongful convictions, and life to law. He realized his dream when Despite his impressive bill skills, the striving to put more environmental- he graduated from the Law School in senator is not inclined to gauge his protection measures in place. “Texas is 1979, becoming the first lawyer in his achievements by quantifying them. a tough place to pass progressive envi- family. After a stint on the Houston City “I measure success not by how many ronmental issues,” he admitted, but he Council, he was elected in 1990 to his bills passed but by taking on the good remains undeterred in his efforts, in senate seat. In nearly two decades since, fights, the big fights,” he said, noting particular in pushing for a statewide he has written more than 450 bills that that the path of least resistance holds no ban on secondhand smoke. have become law. appeal. “Sometimes by going after major Perhaps his greatest efforts have gone “I carry a lot of bills,” he said. “I’m systemic changes, even if I don’t win, I toward protecting the TEXAS Grants all across the board. Some would call it win at moving the ball and creating an program, college scholarship legisla- ADD. I would call it realizing there are environment for someone else to win.” tion he wrote in 1999 that has since a lot of people out there.” With 2009 being an in-session year provided nearly $1.2 billion in student He credits his experience at the Law for the legislature, the senator has aid. Recently he has been fighting what School for preparing him for a life of been constantly busy, juggling family he terms “crippling new restrictions that politics as well as success in the private life—his wife and four children live in would have forced thousands of stu- sector. Houston—with legislative duties and his dents to lose their aid”—the proposed “Most of what I do in my public life business endeavors, which include his changes in eligibility standards could, or in my private life is a direct result of partnership in Rice Financial Products if enacted, cut off many students from things I learned or experiences I went Company, his shareholder status with much needed assistance. (Last session, through while I was at the Law School,” the Tagos Group, and his duties as coun- he staved off changes that would have he said. “Being there taught me to ana- selor for Reaud, Morgan & Quinn. forced students to repay grant money if lyze issues, comprehend subjects, and Ellis keeps a private phone line, com- they did not finish in four years.) then find a way to explain them to other puter, and fax in his senate office and Other legislation he’s written and people in a way that’s understandable.” returns business calls when he can, early helped pass includes: the annual three- An added bonus, he notes, is that the in the morning and late at night. He also day sales-tax holiday every August on school is situated in the state’s capital. “I squeezes in frequent bike rides around shoes, clothing, and backpacks to help was a full-time student and I was working Austin to help him both clear his head Texas families prepare for school; virtually full-time when the legislature and brainstorm new ideas. (His passion increasing juror pay to promote better was in session,” he recalled. “I took for cycling prompted participation in jury participation and diversity; legisla- advantage of being in Austin and spent a nine multiple sclerosis fund-raiser rides, tion that requires nonprofit hospitals to

40 UTLAW Summer 2009 provide healthcare services, including charity care, and to comply with all government regulations in order to receive nonprofit tax-exemption status; and a “motor-voter program” that allows citizens to register to vote when applying for or renewing their drivers’ licenses. He is particularly proud of passing the James Byrd Jr. Hate Crimes Act, which took him a decade to pass due to partisan gridlock. Of his critics and detractors he said, “I try to use logic. I try to use personal relationships to get to know people. Sometimes there will be certain advocacy groups I’ll never get along with. I do whatever works—ignore them, go after them publicly—it’s case by case. But I never give up on people. There have been relationships I’ve developed with major detractors and over time I’ve found that if you work at it hard enough and get to know folks, you find you might have more in common than what you disagree on.” Of the necessity of compromising, he said, “My philosophy is to ask for what you want and take as much as you can get. Sometimes you have to find a way to move the runners gradually as opposed to scoring a home run when you step up to the plate.” Senator Ellis has his fans, too. His col- league, El Paso Senator Eliot Shapleigh, ’81, said “Ellis is often two sessions ahead of the curve. He sees an issue, then works it with grace, integrity, and tenacity. And over time, he makes major reforms hap- pen, often working in the toughest areas of the law. His work on the Innocence Project is just one of many examples of major change that he has delivered for the people of Texas." The Innocence Project, aimed at pre- venting wrongful convictions, is high on Ellis’s priority list. Serving as interim governor—something he has done on dozens of occasions over his tenure— he has presided over three executions. In one instance, he offered a reprieve, which, he said, helped “shed light on DNA legislation I cosponsored and passed.” Senator Ellis is running for office again next year. “I love what I do,” he said. “I work every day like I just started this job. If I ever get to the point where I’m not as excited as I was when I showed up as a

hoto by B ruce ennett p hoto thirty-five-year-old—ifI ever lose that zeal— I know it’s time to go.”—Spike Gillespie Senator Rodney Ellis, ’79 Summer 2009 UTLAW 41 Alumni Focus hoto by Jay B rousseau by Jay p hoto

Bryan Garner, ’84 Legal Lexicographer

The Law School has produced intricacies of when to use that or which; grandfather’s footsteps as a practicing numerous judges, honored (and feared) whether kiwifruit is one word or two (it’s lawyer or even a judge. But after gradu- prosecutors, towering trial lawyers, count- one); or what to call residents of Corpus ating in 1984 and joining a law firm in less corporate and public-interest lawyers, Christi (Corpus Christians). Dallas, Garner could not resist the urge and one Supreme Court justice. But Bryan Garner has been interested in the to write about usage and legal writing. Garner, ’84, recognized as the nation’s rules of grammar, usage, and good writ- “Although I entered legal practice foremost expert on usage, and grammar ing since he was very young. He credits in 1984 with the idea of practicing in American English, rivals any of them his grandfather, Meade F. Griffin, ’17, law for the rest of my career, I was also in terms of influence in his field. a former justice on the Supreme Court determined to write books—reference In a long 2001 Harper’s review of what of Texas, for introducing him to Web- books, mostly,” Garner said. “But when is probably Garner’s best-known book, ster’s Second New International Dictionary my first book, A Dictionary of Modern A Dictionary of Modern American Usage when he was a child by using the great Legal Usage, appeared in 1987, and I (now published as Garner’s Modern Ameri- unabridged tome as a booster seat for was a second-year associate at a Dallas can Usage) the late novelist and essayist the young Garner. firm, my authorship seemed to be more David Foster Wallace hailed Garner as Later, Garner said he spent hours resented than admired by my colleagues. a “genius” for his deft explanations of studying the dictionary in an attempt to That’s when I thought the groves of tricky grammatical and usage questions impress girls, and by the time he figured academe might be more congenial.” as well as for the democratic spirit in out that it was not working particularly Garner then came to the Law School, which Garner’s work resolves the tension well, he had become a serious lexicog- where he took up a position as a visit- between “prescriptivists” (snooty gram- rapher. The career path to becoming ing associate professor. Garner said he mar snobs) and “descriptivists” (overly a working lexicographer and usage enjoyed his scholarly work and teaching, permissive grammar slobs). And it is expert, however, is not a straightforward but his focus on legal writing might have true you will not find a better book if one, so Garner came to the Law School hindered his scholarly career. you are interested in learning things like after graduating from the University of “When I told the dean at the time that the difference between less and fewer; the Texas at Austin, hoping to follow in his my main interest was legal writing—and

42 UTLAW Summer 2009 by that time I’d written my second book, Wayne Schiess has been a major leader don’t want to depart much from how The Elements of Legal Style—he said that in the field.” things have been done in the past.” I’d never be taken seriously by any major Law schools’ and legal firms’ lack of Garner has publicly debated footnotes law faculty if I wanted to teach that sub- emphasis on good writing has allowed with Supreme Court Justice Antonin ject,” Garner said. “Unfortunately, he Garner to turn his passion for good Scalia and Seventh Circuit Court Judge was probably right.” writing and usage into a valuable and sat- Richard Posner, both of whom prefer In order to continue teaching legal isfying practice. “I like the idea of changing traditional legal citation style. “When writing (and continue to write books), in lives,” Garner said. “Several times each Justice Scalia and I squared off on this 1991 Garner founded the Dallas-based week, someone will say something like point during our presentation at the company, LawProse Inc., which offers this: ‘Although I was an English major, Kennedy Center in July 2008, the crowd continuing legal education courses to I stopped writing well long ago because I of 750 lawyers voted on the question and lawyers and judges. Garner said he’s had thought you had to do things the ‘legal’ split fifty-fifty,” Garner said. “But I’m more than 105,000 lawyers participate way. You’ve made me realize how it’s pos- convinced that I’ll prevail in the end. in his legal writing, editing, and draft- sible to write well in this profession.’ Or: The profession will adopt this practice ing seminars since that year. Through ‘Even though I’m a lawyer, I never thought of footnoting citations and will mostly LawProse, he also consults on editorial of myself as a professional writer. Thank forswear substantive footnotes, I hope. By projects such as pattern jury instruc- you for showing me that that’s what I am.’ the way, no single cosmetic change can tions, court rules, consumer contracts, But I enjoy tweaking legal academia. so immediately lay bare shoddy writing and appellate briefs. Because the law schools won’t or can’t and shoddy analysis than stripping out Garner said his seminars and writing reform, there’s a lucrative profession in the citations. It’s time that we eliminated classes have exposed him to a great deal Clinical Legal Education. I just love that. all the camouflage that lets mediocre of anxiety over writing on the part of And meanwhile, in my own small way, I’m writers believe they’re so much better lawyers (as well as much unfounded having a positive impact on the world. I than they really are.” Despite Garner’s confidence in their own writing ability). can’t imagine anything more fulfilling.” strong disagreement with Scalia on this

“In my own small way, I’m having a positive impact on the world,” Garner said. “I can’t imagine anything more fulfilling.”

“The business model of LawProse has But Garner’s “tweaking” of legal aca- issue, it hasn’t prevented the two from always been to figure out what most law- demia has proved most controversial writing a book together, Making Your yers do poorly and teach them how to do on a subject ignored by many outside Case: The Art of Persuading Judges, which it well,” Garner said. “A big part of the the ivory tower: footnotes. “I’m against was published in 2008. It was named challenge is to convince those lawyers footnotes,” Garner said. “I think you “Law Book of the Year” by the Burton who think they’re quite good writers that should never use them—except for bib- Awards Committee, which honored Jus- their self-assessments are overgenerous, liographic material. Second, all such tice Scalia and Garner in a ceremony at often laughably so. Over the years, I’ve merely bibliographic material should the Library of Congress. discovered that litigators are mostly ill- be relegated to footnotes. I can’t imag- Ultimately, Garner sees his role as aid- equipped to frame legal issues (and lack ine why otherwise intelligent writers ing lawyers, legal scholars, and writers the courage to state them plainly and would want to pollute their text with in general to write clearly and well, a persuasively up front), and that transac- extraneous characters, when that practice task of paramount importance in the law tional lawyers are disastrously ineffective is just a carryover from the limitations of and in the larger culture and society, as at expressing contractual duties. These typewriters. Here we are in 2009, stuck well. From an early interest in words to are the most important things that in a stylistic rut necessitated by pre-1980 a career in legal education to a writer lawyers do: litigators frame issues, and technology. Third, no one should have to and grammatical expert eager to shake transactional lawyers express duties. bounce down to footnotes. You should say up legal complacency about writing, Most law schools do little if anything to in the text what your major authorities are Garner has carved out a unique niche. ameliorate these rampant problems, and how old they are. I would never have “Essentially, my story is a series of migra- and so a big part of my career has been guessed that this part of my campaign— tions for purposes of finding a more devoted to helping practicing lawyers and, let’s face it, I’m campaigning for congenial environment for doing the learn what the law schools have failed the betterment of legal writing—would work I love,” Garner said. “Ultimately, I to teach them. I’m proud to say, by the spark such debate. Then again, the law had to migrate to an environment that way, that UT Law is an exception— is a conservative profession, and people I invented.” —Julien N. Devereux

Summer 2009 UTLAW 43 Class Notes Lifetime Achievement Award 1957 George C. Chapman Sheldon Anisman of Jack- son Walker LLP’s Dallas office George C. Chapman, ’62, has been named by Fort Worth, is senior counsel in the litiga- Texas Magazine as a“Top Attor- tion department of Thompson ney” for his work in labor and employment & Knight LLP in Dallas. He has law. His experience spans cases involving the served three separate three-year sale of both improved and unimproved real terms on his firm’s management estate, real estate development, financing, committee. Chapman received a leasing, planning, zoning, and construction. BBA from the University of Texas Anisman’s practice includes business rep- at Austin in 1959 and an LLB resentation of corporations and individuals with honors from the Law School, in various industries. He is board certified in where he was editor in chief of real estate law by the Texas Board of Legal the Texas Law Review. Classmates Specialization. elected him as the “permanent class agent” of the graduating Ronald D. Krist, who was awarded the class of 1962. He has been actively Law School’s Outstanding Alumnus Award involved in numerous University for 2006, has been named by Best Lawyers in of Texas organizations, serving America as Houston’s Personal Injury Litigator as president of the Dallas Texas of the Year for 2009. Exes in 1973–1974; president of the UT Dad’s Association in 1985; hoto by Jay B rousseau by Jay p hoto president of the Texas Law Review 1965 Association; a regional vice president of the University of Texas Ex-Students’ Pike Powers, a partner at Fulbright & Association; and member of the executive committee of the Chancellor’s Council. Jaworski, received a Distinguished Lawyer He served for twenty years as a trustee of the University of Texas Law School Award from the Austin Bar Association for Foundation. He is also a fellow of the American College of Trial Lawyers and his abilities and contributions as an attorney. is listed in Best Lawyers in America—Commercial Litigation. Powers led Fulbright & Jaworski to grow chapman received the Heath Award from the Dallas County Medical Society in from himself and one other lawyer to more 2007 and the Morris Harrell Professionalism Award from the Dallas Bar Associa- than one hundred lawyers, making the firm tion in 2008. Chapman has been a leader in the state and local bar associations, one of the most diversified intellectual prop- serving as president of the Dallas Bar Association in 1987 and as chair of the erty and technology practices in the country. Dallas Bar Foundation in 1993. From 1988 to 1991, he served on the executive As executive assistant to former Texas committee of the State Bar Board and was a trustee of the Texas Bar Founda- Governor Mark White, his work brought tion until the summer of 2002. He is also a trustee of the Center for American high tech companies to Austin and earned and International Law and the Redman Foundation. Chapman is a founding him the title of the “Godfather of Austin’s member of Park Cities Presbyterian Church in Dallas, where he serves as an Tech Boom.” Powers also has served in elder. He is chairman of the Committee for a Qualified Judiciary and received numerous community leadership roles the Baird Community Service award for his many contributions to Dallas. including director for St. David’s Commu- the Lifetime Achievement Award honors an alumnus who has had a distin- nity Hospital Foundation, chair of Austin’s guished legal career and who has brought honor to the University of Texas Airport Task Force, and director of the Austin School of Law through his or her service to the legal profession and to society. Urban League. With this award, the Law Alumni Association recognizes that alumnus who epitomizes the highest goals and traditions of the profession: diligence, discern- ment, integrity, and a commitment to the betterment of our civic life.

44 UTLAW Summer 2009 Class Notes

1967 Charles Foster, cofounder of Tindall & Foster PC in Houston, was a reigning voice Outstanding Alumnus Award in the firm’s decision to merge with another The Honorable Royce C. Lamberth immigration firm, Quan, Burdette & Perez PC, beginning in 2009. The new firm, Foster Quan LLP, will capitalize on the expanding corporate demand for comprehensive immigration service. With fifty-six employees and 165 staff members, this nationally recognized litigation team offers family immigration services that accommodate the relatives of immigrating employees and those seeking citizenship and serves clients across a variety of sectors, including healthcare, energy, education, and foreign investment cases in six different locations throughout Texas and Mexico. Foster, who has been listed as Texas’s top immigration lawyer by both Te xa s Lawyer and Chambers USA, pioneered and patented a process for reducing I-9 liability and ensuring immigration and employment compliance in the U.S. f etters aul

Donald W. Griffis of Jack- by p p hoto son Walker LLP in San Angelo was named one of The Best Law- The Honorable Royce C. Lamberth, ’67, was appointed yers in America for 2009 in the United States District Judge for the District of Columbia on November 16, 1987. fields of alternative dispute resolution and He became chief judge on May 1, 2008. Lamberth, a native of San Antonio, commercial litigation. He was also named graduated from the University of Texas at Austin, receiving a BA in 1966, and 2008 Citizen of the Year by the San Angelo from the Law School in 1967, receiving an LLB. He served as a captain in the Chamber of Commerce. Griffis helped Judge Advocate General’s Corps of the United States Army from 1968 to 1974. organize the Tom Green County Veterans After service at Fort Bragg, North Carolina, and in Vietnam, Lamberth served Council, a group of veterans’ agencies that in the Litigation Division of the Office of the Judge Advocate General of the meets to better understand the services Army at the Pentagon from 1971 to 1974. Lamberth served as an assistant United each one offers. An officer for three years States attorney for the District of Columbia from 1974 to 1987. He was chief in the U.S. Marine Corps, he wrote a book, of the Civil Division of the United States Attorney’s Office from 1978 to 1987. Eagle Days, about his experiences in Vietnam Lamberth is married to the former Janis K. Jost of San Antonio. He is former and feels strongly about taking care of U.S. chairman of the Federal Litigation Section of the Federal Bar Association, and veterans. He has practiced law for more than a member of the American Bar Association, the Bar Association of the District twenty-six years in West Texas and served as of Columbia, and the District of Columbia Bar. law clerk to U.S. District Judge the Honorable Lamberth is also former chairman of the Professional Ethics Committee of the Joe E. Estes. Griffis passionately continues Federal Bar Association. The Federal Bar Association’s “Model Rules of Profes- to teach the values of the military as a scout- sional Conduct for Federal Lawyers,” approved in October 1990, were drafted master in the Boy Scouts of America. by Lamberth’s committee. Lamberth was appointed by Chief Justice William Rehnquist to be the presiding judge of the United States Foreign Intelligence Surveillance Court on May 19, 1995. His appointment ended on May 19, 2002. 1968 Lamberth served as a member of the Committee on Automation and Technol- Byron Egan of Jackson Walker ogy of the Judicial Conference of the United States from 1990 to 1996. From LLP in Dallas received the Col- 2003 to 2008, Lamberth served as chairman of the Committee on Inter-Circuit lege of the State Bar of Texas’s Assignments of the Judicial Conference of the United States. Franklin Jones Best Continuing the Outstanding Alumnus Award honors a graduate who has made outstand- Legal Article Award 2008 at the Business Law/ ing contributions not only to the legal profession, but to society as a whole. Corporate Counsel annual meeting

Summer 2009 UTLAW 45 Class Notes

on June 26, 2008, for his article, “Director Blazier Elementary School opened in south- trusts and asset protection. A former adjunct Duties in Troubled Times: Process and Proof,” east Austin in fall 2007. professor at the Law School, he devotes signif- presented at the State Bar of Texas’s Corpo- icant energy to helping his clients with estate rate Minutes/Directors’ Duties webinar on Joe K. Longley, a consumer and poli- planning. Osborne conceived and served as October 23, 2008. A partner at his firm,E gan cyholder advocate in Austin, was inducted the original editor and contributing author to engages in corporate, partnership, securities, into the International Academy of Trial Asset Protection: International Law and Tactics, mergers, acquisitions, and financing prac- Lawyers (IATL) at its September 2008 meeting a four-volume treatise. He was also a founding tice. In addition to handling transactions, he in Aspen, Colorado. As the principal drafter chair of the American Bar Association’s Asset advises boards of directors and their audit, in 1973 of the private remedies section in the Protection Committee. Foreign governments compensation, and special committees with Texas Consumer Protection Act and the Texas and financial institutions frequently call upon respect to fiduciary duty, the Sarbanes- Insurance Code, Longley was highly recom- Osborne for trust and tax advice, and he has Oxley Act, and special investigations. After mended by his colleagues and the judges in served on both sides of the trial docket in receiving his law degree, Egan served as a his jurisdiction for his experience and charac- cases involving asset protection planning. law clerk for Judge Irving L. Goldberg on the ter. These remedies were first enacted by the U.S. Court of Appeals for the Fifth Circuit for Texas Legislature when Longley was chief of the 1968–69 term. For the past ten years, Egan the Antitrust and Consumer Protection divi- 1973 has been named one of The Best Lawyers in sions at the Texas Attorney General’s Office. Sol Casseb III has been appointed judge America under either corporate, mergers and Texas Lawyer has selected him several times of the 288th District Court in San Antonio acquistions, or securities law. He also won as a top lawyer in the fields of consumer and by Governor Rick Perry. Casseb previously the Burton Award for Legal Achievement in insurance law. As an adjunct professor at the practiced with the firm Casseb & Pearl 2005, 2006, and 2008. Law School, he has taught insurance law and and has been named by Texas Monthly as is often referred to by clients and colleagues a “Super Lawyer” from 2005 to 2008 in the In May of 2008, Colonel Neill as “the number one enemy of the fine print.” field of family law. Wilkerson was inducted into the U.S. Army Artillery Officer Robert M. Cohan of Jack- Candidate School Hall of Fame 1970 son Walker LLP in Dallas was in Fort Sill, Oklahoma, for his distinguished Claiborne B. Gregory Jr. named one of The Best Lawyers military service. After graduating from the of Jackson Walker LLP in Dallas in America for 2009 in the fields of Law School, Wilkerson became an artillery was named one of The Best Law- antitrust law and commercial litigation. captain and transferred to the Army Judge yers in America for 2009 in the Advocate General’s Corps under active duty. fields of bankruptcy and creditor-debtor He served as staff judge advocate of the 164th rights law. Edward C. Small of Jack- Combat Aviation Group in Vietnam; instruc- son Walker LLP in Dallas was tor at the U.S. Army Armor School; assistant M. Lawrence “Larry” Hicks Jr. was named one of The Best Lawyers professor of law at the United States Military appointed treasurer of the American Col- in America for 2009 in the fields Academy at West Point; and as trial judge in lege of Mortgage Attorneys for 2008–2009. A of energy, environmental, and government the U.S. Army Judiciary. After leaving active real estate and banking partner as well as relations law. duty, Wilkerson was selected to serve as a an administrative partner for Thompson & reserve appellate judge on the Army Court Knight’s Dallas office, his practice includes of Military Review in addition to working for real estate lending transactions, ground 1974 his practice in Georgetown. leases, workouts, and foreclosures. James M. “Jim” Alsup of Jackson Walker LLP in Dallas was named one of The Best Lawyers in America for 2009 in the field of real 1969 1971 estate law. John Blazier of Blazier, Christensen, Duncan E. Osborne, a part- Bigelow & Virr received the David H. Walter ner at Osborne, Helman, Knebel G. Luke Ashley, a partner at Thompson & Community Excellence Award for making a & Deleery LLP in Austin, has Knight LLP’s Dallas office, was elected to significant impact in the community. Blazier been elected to secretary of the serve another term in the Political Action has led the way in expanding educational American College of Trust and Estate Coun- Committee of the Texas Association of opportunities by building new computer sel, of which he has been a member since 1984. Defense Counsel for 2008–2009. As the firm’s labs and beautifying Austin’s public school Focusing on domestic and international estate general counsel, he specializes in appellate campuses. He remains an active member of planning with an emphasis on asset protec- law while maintaining a trial practice involv- the Seedling Foundation, which provides tion planning, he frequently lectures on these ing personal injury and commercial cases. He students whose parents are incarcerated areas and has published articles domestically has argued cases before the U.S. Fifth and with mentors. In his honor, the John C. and internationally on the subjects of offshore Eighth Circuit Courts and the Texas Supreme

46 UTLAW Summer 2009 Class Notes

Court, and has handled appeals to the U.S. Supreme Court. He is board certified in civil Distinguished Alumnus Award appellate, civil trial, and personal injury trial law. for Community Service Catherine Lamboley David G. Dunlap of Jackson Walker LLP in Dallas was named Catherine Lamboley, one of The Best Lawyers in Amer- ’79, retired senior vice president ica for 2009 in the fields of natural and general counsel of Shell Oil Com- resources and oil and gas law. pany, graduated Order of the Coif from the the Law School. Lamboley

John H. Martin, a partner at joined Shell later that year, and, with by bruce bennett p hoto Thompson & Knight LLP in Dallas, the exception of three years as vice has been appointed immedi- president of commercial marketing ate past president of the Voice in Shell’s oil products business, spent of the Defense Bar, or DRI, after serving in her career in the Shell legal organiza- numerous officer positions since 2003.A n tion. Lamboley’s commitment to issues international organization of attorneys defend- concerning opportunity and inclusive- ing the interests of businesses and individuals ness is reflected by her participation on in civil litigation, DRI provides informational the board of the Minority Corporate resources to members and opportunities for Counsel Association and as a past chair liaison to defense trial lawyers. Martin remains of its board of directors; her service on widely recognized for his legal work and public the American Bar Association’s Racial speaking on subjects of catastrophic injury, and Ethnic Diversity Commission; and mass tort, and aviation litigation. He has rep- her current service on the Commission resented major commercial airlines, aviation on Women. She is a founder and mem- product manufacturers, and aviation interests ber of the executive committee of the in accident litigation. A former officer in the Center for Women in Law at the Law U.S. Navy, Martin has been named one of School. Lamboley is also a member of The Best Lawyers in America since 1995 and the American Law Institute and cur- a Texas Monthly “Texas Super Lawyer” since rently serves on the University of Texas 2003. Martin has published several articles Law School Foundation Board. and participates in panel discussions that recognizing that access to legal assis- address the investigation of personal injury tance for all is critical to our society, claims and the processes involved in mass Lamboley served on the Texaas Access tort litigation. He has also been named as one to Justice Commission’s Committee of of Lawdragon’s “Leading Lawyers in America” Corporate General Counsel and the Houston Bar Foundation’s board of direc- for the fourth year in a row. tors. She is a past chair of the Corporate Advisory Committee of the National Legal Aid and Defender Association. Lamboley cites her American Leadership Reagan W. Simpson has been Forum (ALF) experience as invaluable in strengthening her leadership skills elected as a new member of the and civic commitment. She is a senior fellow of ALF and chairs its board of American Academy of Appellate trustees. Lamboley is a past chair of the board of the Houston Area Women’s Lawyers for his distinct reputation Center and served on the board of the United Way of the Texas Gulf Coast. She as an appellate lawyer. Founded in 1990 with also served on the board of advisors for Catalyst, a national nonprofit research a mere five hundred members, the academy and advisory organization working to advance women in business. Among the promotes the improvement of appellate advo- honors she has received are the Anti-Defamation League Southwest Region’s cacy and recognizes appellate lawyers with a Jurisprudence Award; the American Bar Association’s Commission on Women minimum of fifteen years experience. in the Profession’s Margaret Brent Women Lawyers of Achievement Award; and the Texas General Counsel Forum’s Magna Stella Award. established by the Alumni Association in 1988, the Distinguished Alumnus 1975 Award for Community Service honors a graduate who brings conspicuous credit Scott Atlas, a partner at the to the legal profession by exemplary service. The award recognizes superior Houston office ofW eil, Gotshal educators, outstanding lawyers in government service, or those who have had & Manges LLP, was appointed as a significant role as a community volunteer. the 2009 chair of the Anti-Defa-

Summer 2009 UTLAW 47 Class Notes

Battalion. League’s (ADL) southwest regional board for inducted into the American College of Trial a one-year term. As a board member since Lawyers. Focusing on healthcare for more 1998, Atlas has been a strong supporter in 1976 than thirty years, Law has represented phy- the ADL’s fight against discrimination and Linda L. Addison, a trial lawyer known sicians and hospitals in medical malpractice intolerance. Due to his involvement with by her peers as the lawyer to handle the “bet defense, primarily handling multidefendant numerous diversity cases at Weil Gotshal, the company” cases and member of Fulbright cases with significant damages.H e is board in 2007 the firm became the first to earn the & Jaworski LLP’s executive committee, has certified in personal injury trial ADL’s Community of Respect designation, been appointed partner-in-charge of the firm’s law by the Texas Board of Legal which honors organizations that reject bias New York office.H er leadership will enable the Specialization. and prejudice. As a former chair member of firm to further align their historic strength in the American Bar Association, Atlas prac- healthcare, energy, and corporate transactions Frank McEachern of Jackson Walker tices complex commercial litigation at the at a time when the current economic crises LLP in Dallas was named one of The Best trial and appellate levels in state and fed- will result in an increase in demand for the Lawyers in America for 2009 in the field of eral courts. He is a nationally recognized firm’s experience in these areas, according to energy law. litigator and recipient of numerous pro bono Stephen B. Pfeiffer, the chair of Fulbright’s community service awards and professional executive committee. Addison has tried honors. more than fifty cases to judgment as lead 1977 counsel, most notably her successful defense As a partner with Robin Rolfe Resources in Bryan C. Birkeland of Jack- of the former directed trustee of the Enron New Jersey, Ronda Muir recently received son Walker LLP in Dallas was 401(k) in the $1.7 billion Enron employee the Edge International Award for her article, named one of The Best Lawyers benefit plan class-action cases. Addison “The Importance of Emotional Intelligence in America for 2009 in the field of real estate has handled numerous arbitration and liti- in Law Firm Partners,” published in the July/ law. gation matters for general counsels, CEOs, August 2007 issue of the American Bar Asso- and corporate boards in New York and the Tri- ciation’s Law Practice Management. Muir J. Woodfin “Woodie” Jones, a found- state Region. In the summer of 2009, she will consults with law firms and law departments ing partner of Alexander Dubose Jones & receive the prestigious American Bar Asso- on human asset management. In her spare Townsend, has left the firm to return to public ciation’s 2009 Margaret Brent Women Lawyers time, Muir publishes and writes service as the new chief justice of the Third of Achievement Award for her accomplish- for LawPeopleBlog.com on man- Court of Appeals in Austin. It will be Jones’s ments and in paving the way to success for agement issues. second term on the Court of Appeals; he also other women. The daughter of two Holocaust served on the same court from 1988 to 2000. survivors who immigrated to the United The Colorado Board of Health has elected He began his career in Houston as a briefing States in 1946, Addison first gained national Glenn Schlabs as the agency’s 2009 presi- attorney for the Fourteenth Court of Appeals prominence in 1984 as the lawyer who chal- dent. As an important member in the labor while working as an associate for Bracewell lenged the constitutionality of Texas’s blue and employment department of Sherman & & Patterson. In 1988, he left private practice laws, making it possible for Texans to shop on Howard LLC’s Colorado Springs branch, he to serve as an appellate justice for the first Sunday. She was named one of the “50 Most was appointed to the state’s Board of Health time. In 2000, he resumed his practice in InfluentialW omen Lawyers in America” by the by Governor Bill Owens in 2002 and was reap- Austin as a founding partner of Alexander National Law Journal in 2007 and was one of pointed in 2005. Schlabs previously served Dubose Jones & Townsend. only seventeen women among its “100 Most two terms as vice president of the board. Influential Lawyers in America” in 2006. Judge J. Stephen Czuleger of Los Angeles, California, appointed Charles W. McCoy Steven L. Barghols, a shareholder at 1978 as the presiding judge of the Los Angeles Gable & Gotwals in Oklahoma City, Okla- Marvin Blum, founding part- Superior Court in January 2009. Unanimously homa, has been selected as a “Top 10 ner of The Blum Firm PC, was named one of elected, McCoy has served as the assistant Oklahoma Super Lawyer” for 2009 by Okla- the country’s “Top 100 Attorneys” by Worth. presiding judge since 2007 and has been a homa Magazine. He concentrates his practice Board certified in estate planning and pro- member of the California Judicial Council on mediation, arbitration, and oil and gas bate law with a CPA, Blum was selected since 2005. He received his JD, with hon- litigation. Barghols was also named one for his expertise in counseling wealthy indi- ors, from the Law School and served as a of The Best Lawyers in America for 2009. In viduals on their decisions involving taxes, captain in the U.S. Marine Corpss from 1968 addition, he was named by Cham- business, and asset protection planning. to 1972. He received two Navy Commenda- bers USA as a leading Oklahoma Blum has also been named one of Te xa s tion Medals: one for his action in Vietnam mediator. Monthly’s “Top 100 Super Lawyers.” and the other for his outstanding performance as assistant inspector-instructor Richard M. Law of McGlin- Cal Chaney was nominated as the of the U.S. Marine Corps 4th Military Police chey Stafford’s Houston office has been 2008–2009 president of the American Associa-

48 UTLAW Summer 2009 Class Notes

tion of Medical Society Executives, a national organization of professionals who specialize Honorary Order of the Coif in the medical field.C haney remains the gen- Max Sherman eral counsel and associate executive director of policy for the American College of Emer- gency Physicians, headquartered in Dallas.

The Dallas law firm ofS hackelford Melton & McKinley LLP appointed Mario A. Mata to a counsel role for his work on international trusts and estate-planning strategies. His background involves working with businesses in all aspects of estate planning for high-net- worth individuals and families, including the transfer of wealth to existing and future generations. He remains highly experienced in protecting the assets of Latin American and other foreign nationals in compliance with probate matters, international jurisdictions, as well as U.S. tax regulations.

Michael P. Pearson of Jack- son Walker LLP in Dallas was named one of The Best Lawyers in America for 2009 in the field of natural resources law. by brian birzer p hoto Max Sherman, ’60, served as dean of the Lyndon Baines Johnson The Texas Center for Legal Ethics and Pro- School of Public Affairs at the University of Texas at Austin from 1983 to 1997. He fessionalism and the Austin Bar Association is now the Max Sherman Chair Emeritus in State and Local Government at the LBJ awarded Morris, Craven & Sulak attorney School. Prior to his appointment as dean, Sherman served as special counsel to Timothy “Tim” Sulak their Profes- former Texas Governor Mark White; was elected to four terms in the Texas Senate; sionalism Award. Board certified in personal and served as president of West Texas State University (now West Texas A&M injury trial law, Sulak has also been selected University). A graduate of Baylor University, Sherman earned his JD, with as a member of the American Board of Trial honors, from the Law School. Upon graduation, he joined the Amarillo law Advocates and as a “Super Lawyer” by Law firm of Gibson, Ochsner and Adkins as attorney and partner. He also served & Politics. in the U.S. Army Judge Advocate General’s Corps, where he attained the rank of captain. Over the years, Sherman has held numerous national and state appointments to boards and committees studying such topics as higher 1979 education, intergovernmental relations, mental health and mental retarda- The executive board of TEX- tion, hazardous-waste management, infrastructure needs and financing, and ABOTA (Texas American Board energy and conservation. Sherman serves on the Board of Trustees of the of Trial Advocates) selected Federation of State Humanities Councils; as vice president of the Harry S. Truman Richard A. Bonner as incoming vice Scholarship Foundation; as a governor and current vice president of the president for 2009. Founded in 1958, ABOTA is Austin Community Foundation; and as committee member of the Committee a national association of experienced lawyers on Theological Education, Presbyterian Church (USA). and judges who are dedicated to preservation Sherman is also the recipient of numerous awards recognizing his service and promotion of the civil jury trial rights pro- to the profession and to the betterment of society, including the Price Daniel vided by the Seventh Amendment to the U.S. Public Service Award from Baylor University; Austinite of the Year from the Constitution. As a chairman and partner in Greater Austin Chamber of Commerce; and Texan of the Year from the Texas Kemp Smith’s litigation department, Bonner Legislative Conference. Three times during his service in the senate, Texas has tried over 150 jury trials with over thirty Monthly recognized Sherman as one of the state’s ten best legislators, citing his years experience as a trial lawyer. integrity, intelligence, and “genuine sense of public service.” the Honorary Order of the Coif, whose recipient is selected by the Law Judge Peter Sakai of the 225th District School faculty, acknowledges an alumnus of exceptional merit and extraordinary Court in Bexar County was the 2008 recipi- achievement in his or her career. ent of several awards from agencies that

Summer 2009 UTLAW 49 Class Notes

communities. As the 2008 Arthur O’Krent Harry M. Reasoner, ’62, to Lead the Humanitarian Award recipient, he was honored for the love and concern he has Texas Access to Justice Commission shown for the well-being of children within the community. The Texas Network of Youth The Supreme Court Services in Austin declared him the winner of of Texas has chosen Houston trial the Trailblazer of Youth award for his impact attorney Harry M. Reasoner, ’62, on young people and children across Texas. to lead the Texas Access to Justice And the Alamo Asian American Chamber of Commission. The fifteen-member Commerce recognized Sakai as the recipient commission was created in 2001 of the Community Leadership and Service by the state’s highest court to Award for his humanitarian and civic service expand and improve legal assis- in San Antonio. tance to low-income Texans throughout the state. Fort Worth, Texas Magazine named E . reasoner, a long-time friend of Michael Sheehan of Thompson & Knight the Law School and life trustee LLP one of Tarrant County’s eight “Top Attor- of the Law School Foundation, neys” for his civil litigation practice. is a partner in Houston-based Vinson & Elkins LLP, practicing primarily in complex civil litiga- 1980 tion. He was first appointed to the Demetris A. Sampson received a Texas Access to Justice Commis- Woman of Spirit Award May 14, 2009, at the sion in 2006. sixteenth annual American Jewish Con- “Harry Reasoner has the deter- gress Southwest Region award ceremony, mination and creativity to advance hosted at the Women’s Museum in Dallas. innovations begun under Jim The event honors women in the greater Dallas Sales’ brilliant leadership,” said area who have worked on behalf of social Chief Justice Wallace B. Jeffer- justice and human rights for all Americans. son. “He has formed relationships The managing partner of the Dallas office among the bench, bar, and the of Linebarger Goggan Blair and Sampson legislature that will bring addi- LLP, Sampson is the firstA frican American tional resources to our access to woman to achieve such status in a major- justice initiatives during these tough economic times. The Court commends ity firm in Dallas. She organized efforts to Harry for his willingness to give his time and effort to the most important cause mobilize African American voters to defeat of our profession—preserving the rights of those who desperately need, but the strong mayor ballot proposition in Dallas, cannot afford, legal representation.” and serves on the board of the Greater reasoner points to recent studies showing that more than five millionT exans Dallas Chamber of Commerce as well as the qualify for legal aid assistance because of their low income levels. Although real City of Dallas Charter Review Commission. progress has been made; only one in five of those in need receive help from She has also served on the Dallas’s Domestic legal aid services in the state because of lack of adequate funding. Violence Task Force; the Dallas Area Rapid “Texas suffers because hundreds of thousands of low-income Texans cannot Transit Board; and chaired the Task Force on obtain necessary legal assistance,” says Reasoner. “Tragic domestic abuse and Liquor Related Businesses Near Schools. child custody cases are not resolved. Hurricane victims are stymied because Sampson has also advised the board of the they do not get the FEMA assistance to which they are entitled. Social Security North Central Texas Legal Services Corpora- recipients are denied benefits which they have earned. Many are abused by tion and has won the Dr. Martin Luther King unscrupulous sellers, lenders, and landlords. This causes both great personal Jr. Justice Award; a Texas Exes Award; the injustices and the loss of tens of millions of dollars to our economy.” President’s Award from the Dallas Urban “Ironically, the recession has both increased the needs and lessened the League; an award for community service from resources available to provide equal access to justice,” Reasoner continued. “We the Dallas branch of the NAACP; and was must strive to find the resources to give equal access to justice to all our citizens.” named by Women’s Enterprise as a “Woman Reasoner has served on a number of Supreme Court of Texas Committees and of Excellence.” Commissions and received the American Inns of Court Professionalism Award for the Fifth Circuit.

50 UTLAW Summer 2009 Class Notes

Solomon Wisenberg, a widely recog- Jeff Joyce and John H. McFarland, ’95, John Rutherford of Winstead PC in nized white collar criminal defense attorney, opened a law firm, Joyce McFarland & McFar- Dallas was elected by the firm to be an equity joined Barnes & Thornburg LLP’s Washington, land LLP, in Houston. The firm focuses on shareholder. Rutherford’s practice focuses D.C., office as a partner.H e served as deputy business litigation and civil trials. on the fields of securities and mergers and independent counsel during the Whitewater acquisitions. and Monica Lewinsky matters and was assis- Timothy T. Read was elected as the mod- tant U.S. attorney for the U.S. Department of erator of the Advisory Committee on Litigation Justice. His practice includes represent- for the General Assembly of the Presbyterian 1983 ing businesses and individuals exposed to Church. A lawyer and ordained minister, Teresa Finer was named one federal criminal inquiries or charged with he serves as executive pastor of Roswell of The Best Lawyers in America for federal crimes. During his private practice, Presbyterian Church in Roswell, Georgia. 2009 in the area of immigration Wisenberg defended clients under investi- law. She practices for Lowndes, gation for public corruption, bribery, fraud, Paul Watler of Jackson Walker Drosdick, Doster, Kantor & Reed PA, Central false statements to government officials, LLP in Dallas was named one of Florida’s largest law firm. Arms Export Control Act violations, theft of The Best Lawyers in America for federal property, and possession with intent 2009 in the fields of commercial Karen Hirschman of Vinson & Elkins to distribute narcotics. In addition to his litigation and First Amendment law. LLP in Dallas was inducted as a fellow of the private practice, he was chief of the Finan- American College of Trial Lawyers (ACTL) cial and Health Care Fraud Unit in the U.S. during the 2009 spring meeting in Fajardo, Attorney’s Office for theW estern District 1982 Puerto Rico. With more than twenty-five of Texas. A noteworthy speaker, commen- Joshua T. Kutchin has been appointed years of experience handling major com- tator, and author, Solomon has lectured on director at Fanning Harper Martinson Brant mercial disputes in state and federal courts, white-collar crimes at law schools through- & Kutchin PC in Dallas. Hirschman has been named by Chambers out the country. He has also served as an USA as one of America’s leading business instructor at the Department of Justice’s Trial Thompson & Knight LLP named lawyers in securities litigation from 2006 to Advocacy Institute and as a guest speaker partner Joseph S. Pevsner 2008. Her practice, which includes account- at the FBI Academy in Quantico, Virginia. He as trial practice leader. With a ing and legal malpractice defense, mergers became partner at Barnes & Thornburg along focus on defending corpora- and aquisitions litigation, and representing with his wife, Adrienne Wisenberg, who also tions in complex litigation before state and officers and directors in securities litiga- specializes in white-collar crimes. federal trial appellate courts, Pevsner has tion, has been recognized by Best Lawyers in resolved more than ten thousand claims America from 2006 to 2009. After graduating involving alleged wrongful death, catastrophic law school, Hirschman clerked for U.S. 1981 personal injury, breach of contract, and trade District Judge H. Barefoot Sanders, ’50, and C. Wade Cooper of Jackson secrets over the past twenty-six years. He was was one of the founders of Women’s Initiative, Walker LLP’s Austin office was listed in the The Best Lawyers in America and a firm-wide program aimed at attracting and named one of The Best Lawyers Texas Super Lawyers for his notable prod- retaining the brightest female legal minds. She in America for 2009 in the fields ucts liability work. In his new role, Pevsner currently serves on the firm’s management of bankruptcy and creditor-debtor rights law. will oversee the firm’s resources for trying committee, talent management committee, Cooper, a managing partner at his firm, also a multitude of cases. His 1979 bachelor’s and women’s career development council. received the Downtown Austin Alliance’s degree in journalism from the University 2008 Individual IMPACT award for his efforts of Texas at Austin compelled him to work to improve access and mobility in downtown at KRLD NewsRadio 1080 in Dallas before 1984 Austin. As a chair of the the Alliance’s board coming to the Law School in 1979. Steve R. Martens of Jack- of directors, he led their support of the 2008 son Walker LLP in Dallas was Rail Referendum in addition to cochairing its John “Rocky” Rowls has selected as one of The Best Law- Streetscapes and Transportation Committee. joined the Houston office of yers in America for 2009 in the He handles commercial litigation, arbitration, Bracewell & Giuliani LLP as a field of real estate law. and bankruptcy matters in Texas and federal partner in the firm’s trial sec- bankruptcy courts. He began his practice with tion. Spurred by his recent marriage to JoAnn Jackson Walker LLP in 1981 and soon moved to Matthiesen, ’83, who has practiced in Houston 1985 Austin to establish a new office.C ooper was since graduation, Rawls returned to Texas after Thomas P. Brandt has been appointed listed in the 2008 edition of The Best Lawyers in twenty-five years of practicing inL os Angeles. one of the managing directors of Fanning America under bankruptcy and creditor-debtor He will continue his focus on brand protection Harper Martinson Brant & Kutchin PC in rights law. He also has been named a “Texas for trademark owners, copyright litigation, and Dallas. Super Lawyer” by Texas Monthly. intellectual property–related matters.

Summer 2009 UTLAW 51 Class Notes

Brown McCarroll LLP appointed litigation, from individual statutory and manufacturing industries. He offers his con- Adam I. Hauser as managing common law claims to major class actions siderable experience in drafting employment partner to represent sellers, buy- and government investigations. agreements, stock option plans, confidenti- ers, and equity investors in the ality agreements, and technology licensing acquisition, financing, development, leasing, William S. Dahlstrom of agreements. Holloway will serve as president and sales of real estate. He also represents Jackson Walker LLP in Dallas was of his ACG Chapter throughout 2009 in addi- financial institutions and private investors in named one of The Best Lawyers tion to working on the awards committee for commercial transactions, as well as creditors in America for 2009 in the fields the fourth consecutive year. in bankruptcy cases. He began his career at of land use, zoning, and real estate law. Brown McCarroll immediately after graduating with honors from the Law School. Hauser William H. Hornberger of 1988 has previously served in several manage- Jackson Walker LLP in Dallas John L. Howard Jr. has left Vinson & ment positions, including chair of the Austin was named one of The Best Law- Elkins LLP to form his own environmental Real Estate Practice Group. Hauser actively yers in America for 2009 in the and energy policy consulting firm,C larendon participates in many organizations, including field of tax law. Strategies, in Austin. the American Bar Association, Real Estate Council of Austin, and the Bankruptcy Insti- Don Lawless, a well known The Dallas law firm of Shackelford Melton tute, in addition to maintaining his individual labor and employment attorney & McKinley LLP appointed Macy Melton practice. with a background in the higher Humble as an associate. She has served education sector, has joined as bond counsel in underwriting prominent Tim Taylor of Jackson Walker Barnes & Thomburg LLP’s Grand Rapids, healthcare organizations, governmental LLP in Dallas was named one of Michigan, office as a member of the firm’s agencies, academic institutions, and non- the The Best Lawyers in America for labor and employment law department. Law- profit organizations. She also represents 2009 in the field of real estate law. less brings with him extensive knowledge of clients in other business transactions, labor contract negotiations and administra- mergers, and real estate acquisitions. Kathleen Walker of Brown tion as well as strategic union avoidance. McCarroll LLP in El Paso was His dedicated expertise in affirmative Hofstra Law School in Hempstead, New York, named by Texas Lawyer as one action, Office of Federal Contract ompli- chose Texas Supreme Court Chief Justice of the “30 Extraordinary Women ance Programs reviews, and occupational Wallace B. Jefferson as a featured in Texas.” A partner and head of the firm’s safety has led to numerous accolades for speaker and recipient of an honorary degree immigration and international trade group, his work, including Workforce’s “Hot List” of at its commencement ceremonies on May Walker received recognition for her knowl- labor and employment law firms in theU nited 17, 2009. Appointed to the Supreme Court edge of immigration developments and how States. He frequently speaks on a variety of by Governor Rick Perry in 2001, Jefferson to respond to them. She has spoken before labor and employment-related topics such became chief justice in 2004. He is the first the U.S. Senate Committee on interna- as the Employee Free Choice Act, Family African American justice and chief justice tional relations and trade as well as before Medical Leave Act, and the Americans with on the Supreme Court of Texas. In 2008, Jef- the House Committee on State Affairs and Disabilities Act. As an active member of ferson was elected to serve as the first vice Homeland Security. Her practice focuses the Grand Rapids community, he served as president of the Conference of Chief Justices on business immigration law, consular pro- second ward commissioner for 1997–2005, and is scheduled to lead the organization as cessing, work-site compliance, admission, and currently serves as board chair of The its president in 2010. As president, Jefferson citizenship, and naturalization. Rapid, the Grand Rapids area’s transporta- will be chair of the National Center for State tion partnership. Courts, a policy and resource organization in Virginia. 1986 Jim Boeckman has opened a law office 1987 The Texas Lyceum, a nonprofit, in Austin. He was named a “Texas Super Greg Holloway of Thompson nonpartisan statewide leader- Lawyer” by Texas Monthly and was listed & Knight LLP in Austin has been ship organization, has sworn in in the March 2009 issue of Super Lawyers, appointed president-elect of the Fort Worth labor and employment Corporate Counsel Edition. Central Texas Chapter of the lawyer Jay K. Rutherford as its 2009 presi- Association for Corporate Growth (ACG). As dent. The Texas Lyceum’s list of members who David S. Curcio became a partner in his firm’s corporate and securities have served the state include Senator Kay partner in Jackson Walker LLP’s practice group, Holloway focuses on struc- Bailey Hutchinson, Governor Rick Perry, and litigation practice group. He turing and negotiating mergers, securities, former President George W. Bush. At the age focuses his practice on defend- and asset-based transactions in the energy, of forty-six, Rutherford has been named a ing financial institutions in consumer technology, food, restaurant, retail, and “Texas Super Lawyer” by Texas Monthly from

52 UTLAW Summer 2009 Class Notes

2003 to 2008, as well as one of Tarrant Coun- ty’s “Top Attorneys” by Fort Worth Magazine Ron Kirk, ’79, from 2001 to 2008. As a partner at Jackson Walker LLP, Rutherford often speaks about Appointed U.S. Trade Representative his experiences as a successful labor lawyer and brings a strong commitment to the com- The United States munity as the current chairman of the board of Senate confirmed Ron Kirk, Junior Achievement of the Chisholm Trail. ’79, as U.S. trade represen- T hew/ C orbis tative in President Barack Obama’s cabinet in December 1989 2008. The U.S. trade represen-

Mary Lynn Coffee of Nos- tative is an ambassador-level by S hawn p hoto saman LLP in Irvine, California, post with a staff of more than became a member of the Board two hundred and offices in of Directors of the Orange County Washington, Geneva, and Bar Foundation, a nonprofit organization com- Brussels. Kirk is the first Afri- mitted to providing at-risk youths and their can American to serve as U.S. families with education, counseling, mentor- trade representative. ing, and crime diversion programs. She also Kirk is a long-time friend of works on the THINK Together board, which the Law School and has served is dedicated to providing academic and on the Law School Foundation prevention programs to more than twenty Board of Trustees since 2006. thousand students at two hundred school ron Kirk earned a BA sites in Southern California. THINK Together from Austin College in 1976. offers tutoring programs to improve kid’s test After graduating from the scores and grades so they receive admis- Law School, Kirk practiced sion into college. Coffee is also a member of law and worked as an aide to Nossaman’s land use and natural resources Senator Lloyd Bentsen, ’42. practice group, which supplies approvals He served as Texas Secretary for development projects under protection of State under Governor Ann laws, and has expertise in construction Richards in 1994, and then ran surface-water quality projects for existing and successfully for mayor of Dallas new real estate developments. in 1995. He was reelected as Dallas mayor in 1999, resigning his office in 2001 to run for theU .S. Senate, and Bingham McCutchen LLP in was the Democratic candidate for U.S. Senate in 2002. While mayor of Dallas, Kirk Hartford, Connecticut, has proposed the “Dallas Plan,” an urban plan for the next twenty-five years, which named Daniel Papermaster includes the Trinity River Project, a $246 million development project calling a managing partner in its interna- for the construction of a network of parks and highways in the flood plain of the tional finance group. Papermaster and other Trinity River. He also supported the construction of the American Airlines lawyers in his group have brought promi- Center, which opened in 2002. nence to the firm through their global work on he served as Chair of the Texas General Services Commission from 1991 financial restructuring of the debt inI celand; to 1993. He has served as Chair of the U. S. Department of Commerce’s 2000 institutional finance; financial litigation; bank- Census Advisory Committee, and also as a member of the Federal Advisory ruptcy; real estate; and other transactions Commission on Electronic Commerce. He serves as a director for Brinker Inter- affected by the world’s economy. Papermaster national, Dean Foods, PetSmart, and was a National Trustee for the March aims at positioning the office to take further of Dimes. He has been a board member of more than a dozen prestigious legal advantage of its international platform, organizations, including the Cotton Bowl Athletic Association, the State Fair while maintaining its collegial environment of Texas, and the Museum of African American Life and Culture. He received and connection to the local community. He has the Austin College Alumni Association’s Distinguished Alumni Award in 1992 also been named to the U.S. Senate’s Advi- and the Young Texas Ex Award from the University of Texas at Austin in 1995. sory Council on Select Federal Appointments, Mr. Kirk is also the 1996 recipient of the Law School’s Honorary Order of the which will screen, interview, and advise on Coif award and the Texas Exes’ 2001 Distinguished Alumnus Award. U.S. attorney and U.S. marshal nominees for before his appointment, Kirk was a partner at the Dallas office of Vinson & Connecticut as well as other federal appoint- Elkins LLP representing clients in the areas of public finance and policy. ments. His inclusion in Super

Summer 2009 UTLAW 53 Class Notes

Lawyers’ 2009 Connecticut list and reception Fort Worth, Texas Magazine named Jennifer litigation, insurance bad faith, banking, and of the Liberty Bell Award for outstanding P. Harry of Thompson & Knight LLP one of financial litigation. He is a member of the public services speaks to his dedication to eight “Top Attorneys” in Tarrant County for Maricopa County Bar Association, the State humanity. Papermaster served on the orga- her civil litigation practice. Bar of Arizona, and the State Bar of New nizing committee for the 1996 presidential Mexico. debate between President Bill Clinton and Darryl R. Marsch became senior vice Senator Bob Dole. He also advised Senator president, general counsel, and assistant Patrick Woodson was selected as a 2008 Joseph Lieberman’s 2000 vice presidential secretary of Krispy Kreme Doughnuts Inc. in “Texas Super Lawyer” by Texas Monthly and campaign, and was legal counsel for his 2006 Winston-Salem, North Carolina. Before join- a “Top Attorney in Fort Worth” by Fort Worth U.S. Senate campaign. ing Krispy Kreme, Marsch served as senior Magazine. Woodson, the principle partner of counsel of R.J. Reynolds Tobacco Company, Woodson Law Firm in Fort Worth, practices where he handled commercial, regulatory, personal injury litigation, commercial litiga- 1990 merger, transactional, and intellectual prop- tion, family law, and business transactions. The U.S. Department of Veterans erty litigation. Before that, he served as a Affairs announced George E. litigation and trade regulation attorney with Bradford as part of its 2009 Jones Day in Washington, D.C., 1993 Leadership VA Program, which Dewey Brackin has become identifies leaders who exhibit talent and partner in the government affairs potential while providing enhancement of 1992 section of Gardere Wynn Sewell their careers through a leadership train- Eric Drummond joined Sherman & LLP’s Austin office. He concen- ing experience. Bradford, an attorney in the Howard’s Colorado Springs, Colorado, office trates his practice on licensing, regulatory VA’s Office of Regional Counsel in Atlanta, as counsel in the business department, and compliance, and enforcement litigation Georgia, handles a variety of issues and is a continues to serve as mayor of Manitou matters for clients in the food and bever- subject-matter expert in appropriations law. Springs. With nearly seventeen years of age industry. practice, Drummond has represented Johnston Legal Group PC desig- clients in administrative law and litigation, Christopher Hawkins of Sullivan Hill nated Nathan Schattman primarily in the electric utility and tele- Lewin Rez & Engel in San Diego, California, as senior attorney at the firm’s communications industries. His significant has been elected president of the San Diego Fort Worth office. Schattman involvement in complex multi-jurisdictional Bankruptcy Forum for 2009. As a nonprofit specializes in employment and labor, general transactions, regulatory proceedings, utility organization the accountants, trustees, bank- litigation, and insurance coverage. mergers and acquisitions, and rate cases ers, real-estate professionals, attorneys, and allows him to work closely with Sherman & others in the Forum work on issues of bank- Jennifer Smith, a partner Howard’s alternative-energy practice. As ruptcy and insolvency. Hawkins primarily in Baker Botts LLP’s litigation mayor, Drummond participates in the gover- focuses on commercial insolvency and department has been appointed nor of Colorado’s Energy Office to implement financial transactions on behalf of corporate deputy chair of the Houston law sustainable-energy strategies and reduce the debtors, banks, trade creditors, and asset firm.A lawyer for the firm for more than six- city’s carbon footprint. He remains an avid purchasers. teen years, she specializes in international member of the Energy Issues Committee of arbitration in the United States, England, the Colorado Municipal League and the Green and Wales. Her dedication has allowed the Cities Coalition of the Pikes Peak Region. 1994 firm to expand its practice, representing Scarlet Collings, a litigation clients including the Permanent Court of John A. Harris was named one associate in the Houston office Arbitration; the International Chamber of of The Best Lawyers in America for of Weil, Gotshal & Manges LLP, Commerce; the Stockholm Chamber of Com- 2009. He practices in the bank- has been appointed to the board merce; the London Court of International ruptcy and creditors rights group of directors for the Federal Bar Association, Arbitration; and the American Arbitration for Quarles & Brady LLP. Harris serves as Southern District of Texas Chapter (FBA Association. chairman of their national commercial bank- SDTX). Collings will support and guide ruptcy, restructuring, and creditors’ rights the FBA SDTX in the Blask Public Service practice group. Fellowship Grants and the Southern District 1991 of Texas Fellowship Grants, which provide Leonard H. Dougal of Jack- Jon T. Neumann became partner in the opportunity for law students to serve as son Walker LLP in Dallas was Steptoe & Johnson LLP’s Phoenix office on volunteer interns for federal judges or other named one of The Best Lawyers January 1, 2009. Concentrating on complex agencies. Collings practices commercial in America for 2009 in the fields commercial litigation in state and federal litigation, including employment, bank- of environmental and water law. courts, Neumann emphasizes reinsurance ruptcy, and shareholder cases. With a strong

54 UTLAW Summer 2009 Class Notes 1995 commitment to public service, evident Usually obtained by architects and engineers, John H. McFarland and Jeff Joyce, ’81, through her pro bono cases and involve- Shipley felt the need to achieve the accredita- opened a law firm, Joyce McFarland & McFar- ment with the Junior League of Houston, tion in order to better provide service for her land LLP, in Houston. The firm focuses on Collings has developed an esteemed repu- green construction and development clients. business litigation and civil trials. tation within the Houston Bar Association, As head of Womble Carlyle’s Green Initiative, Texas Bar Foundation, and at her firm. she helps the firm adopt more environmentally William “Bill” Hopkins was friendly practices such as energy-efficient elected partner at Brown McCar- Crowe & Dunlevy appointed Cori buildings. In addition to her real estate work, roll LLP. Hopkins is based at the H. Loomis as advisory director Shipley serves as chair of the Cary Economic firm’sA ustin office. to the firm’sO klahoma City, Okla- Development Commission; president of the homa, office where she focuses Triangle Commercial Real Estate Women; and Hunton Hunton & Williams LLP her practice on assisting health care providers as founding member of the Triangle District in Washington, D.C., promoted with transactional, reimbursement, legislative, Council of the Urban Land Institute. Evangeline C. Paschal and regulatory compliance issues. Loomis as counsel after two months of has experience in complex matters relating Marian J. Wu of Jackson serving as an associate. Concentrating her to joint ventures, the Anti-Kickback Statute, Walker LLP in Austin was named practice on class-action and other large- self-referral law, Medicare and Medicaid one of Texas Monthly’s “Texas case litigation, she specializes in the Fair reimbursement laws, tax-exemption issues, Rising Stars” for 2009. Board Labor Standards Act, False Claims Act, and medical staff issues, and entity organization certified in Health Law by the Texas Board securities fraud. She attended Stanford documents. Previously, she served as gen- of Legal Specialization, her practice con- University as an undergraduate and holds eral counsel for the Oklahoma State Medical sists of health care litigation, professional a master’s degree in public affairs from the Association. Loomis strives to address the malpractice defense, and federal and state Lyndon B. Johnson School of Public Affairs needs of clients through this critical time of administrative appeals. at the University of Texas at Austin. healthcare access and the increasing enforce- AG_UTLaw-Alumni_Mag-Ad.pdf 1 6/30/09 7:06 PM ment initiatives by federal agencies.

President Barack Obama appointed Car- mel Martin as an assistant secretary for planning, evaluation, and policy development in the U.S. Department of Education. Martin previously counseled colleges, universities, and school districts as an associate in the education group for Hogan & Hartson LLP in Washington, D.C., Martin has also worked for the U.S. Department of Justice, where she focused on key provisions of the Civil Rights Act, and as chief education advisor for U.S. Senator Edward M. Kennedy.

Michael J. Nasi of Jackson Walker LLP in Dallas was named one of the The Best Lawyers in America for 2009 in the field of environmental law.

Nellie Shipley of Womble Carlyle in Raleigh, North Carolina, earned LEED (Lead- ership in Energy and Environmental Design) professional accreditation in sustainable construction and development. LEED-accredited professionals must demonstrate a thorough knowledge of the construction and development industry in general, with a particular focus on environmentally friendly building, development, and operational practices.

Summer 2009 UTLAW 55 Class Notes 1998 The New York office ofW ilson Elser Moskow- Karen Feldman, a former partner of Lisa Chavarria has been itz Edelman & Dicker LLP has named Nancy Tindall & Foster PC in Houston, has carried named a full equity partner at Wright partner in its national practice. Six her position over to the newly merged firm Austin’s Stahl, Bernal & Davies other partners of the company were named Foster Quan LLP. Her experience in immigra- LLP. Specializing in wind energy among the fifteen offices located throughout tion issues contributes to the firm’s active law, she provides counsel to clients through- the country. The firm represents clients from role in U.S. immigration policies. out the United States in all aspects of wind six continents and offers international capa- development. Chavarria also advises clients bilities through a network of affiliate firms in Frank Wu was elected by Winstead PC as on regulatory matters before the Texas Pub- France, Germany, and Mexico. a new equity shareholder. Wu specializes in lic Utility Commission. securities and mergers and acquisitions in Anthony J. Campiti, a labor and employ- the firm’s Dallas office. Bill Childs, an associate professor at ment lawyer for Thompson & Knight LLP in the Western New England School of Law Dallas, was included in the “Texas Rising in Springfield, Massachusetts, has been Stars” list for 2009 by Texas Monthly. 1997 promoted to full professor starting in the Jeffrey Andrews of Thompson & Knight fall of 2009. In addition, he will become the Heather Beck Crowder became a part- LLP in Houston has joined the firm as a part- associate dean for student affairs, oversee- ner in the tax and advisory firm of KPMG ner in its corporate securities and intellectual ing admission, alumni, and career services LLP for her work in providing tax services property practice group. Formerly a partner beginning July 1, 2009. In his spare time, to energy and natural resources clients in at Mayer Brown LLP, Andrews’s ten-year Childs hosts and produces a radio show the Houston area. Since she first joined the practice focuses on the highly specialized along with his children called “Spare the firm in 1996, she has offered multinational field of outsourcing. With his extensive Rock, Spoil the Child” on WRSI in North- corporations her technical expertise on tax experience in structuring and negotiating hampton, Massachusetts. credit issues. In addition, she serves as a international information technology and member of the United Way Young Leaders business-process outsourcing across a wide Kelly Dybala, a partner at and resides in Houston with her husband range of industries, he offers in-depth knowl- Weil, Gotshal & Manges LLP’s and daughter. edge of computer software and other highly corporate practice in Dallas, was complex technology. He has represented named one of the “Texas Rising buyers and providers Stars” for 2009 by Texas Monthly. in numerous transactions. Andrews Royce Poinsett has joined the Austin has been named to office of McGinnis, Lochridge and Kilgore Chambers USA’s LLP as a member of their legislative and “Leaders in their government relations section. Previously, Field” legal directory he served as counsel to Governor Rick Perry for his sound advice and then as counsel to former Texas House to clients. Speaker Tom Craddick.

On November 5, 2008, Governor Rick Perry 1999 appointed Dan Elliot Clark, a specialist in commercial Hinde as judge litigation with Winstead PC in Austin, was for the 269th Dis- elected by the firm as a new income share- trict Court of Harris holder. County, Texas. Hinde was sworn in by U.S. Former Palaun President Tommy Remenge- District Judge Sim sau appointed Alexandra Foster Lake, ’69. associate justice of the Supreme Court of Palau. Recommended by the Judicial Nomi- nating Commission headed by Chief Justice Arthur Ngiraklsong, Foster was previously an assistant U.S. attorney for the District of Columbia, where she led criminal pros- ecutions. After her judicial clerkship, she became a litigator at Washington, D.C., firm Zuckerman Spaeder LLP.

56 UTLAW Summer 2009 Class Notes

Yolanda Cornejo Garcia, Scott A. Wheatley, a partner Molecular Biology at the University of Texas a partner for Weil, Gotshal & at Jackson Walker LLP in Fort Southwestern Medical Center in Dallas and Manges LLP’s litigation and Worth, was named one of Te xa s has coauthored several peer-reviewed scien- regulatory practice in Dallas, Monthly’s “Texas Rising Stars” tific papers.A s a member of the American Bar was named one of the “Texas Rising Stars” for 2009. He represents a broad range of Association, the State Bar of Texas, the Dallas for 2009 by Texas Monthly. clients in real estate, title insurance, and Bar Association, the Dallas Asian American financial-service industries in state and federal Bar Association, and American Intellectual Justin Hoover of Winstead PC in Fort courts. He serves as lead counsel in complex Property Bar Association, she serves as a key Worth was elected by the firm as a new commercial litigation, has won significant member of Winstead PC’s legal team. income shareholder. Hoover specializes in jury trials involving complex commercial securities and mergers and acquisitions. disputes, and has successfully defended Mike King has become a partner at Baker national securities and class action lawsuits. Botts LLP in Houston. King represents energy Bradley S. Knippa, who companies in upstream transactional matters, represents corporate clients for focusing on acquisitions and divestitures of oil Jackson Walker LLP’s Austin 2000 and gas properties and project development. office in transactions ranging Harry R. Beaudry, a corporate and secu- from mergers, acquisitions, equity services, rities lawyer at Thompson & Knight LLP in K&L Gates LLP of Dallas venture capital transactions, and contract Houston, was named one of the “Texas Ris- appointed Chris Kratovil as negotiations, was named one of Te xa s ing Stars” for 2009 by Texas Monthly. a partner in the firm effective Monthly’s “Texas Rising Stars” for 2009. March 1, 2009. Kratovil practices Ryan Bull became a member of in the firm’s appellate, constitutional, and Pepper Hamilton LLP in Phila- Baker Botts LLP’s Washington, governmental litigation group. Recognized delphia, Pennsylvania, appointed D.C., office as a trial litigator.H is for his authority on judicial challenges, he Isla L. Long as partner on practice focuses on the resolution displays extensive knowledge handling January 1, 2009. As a member of of international dispute through litigation and appeals, particularly in the U.S. Court of its commercial insurance and reinsurance arbitration. He has been actively involved in Appeals for the Fifth Circuit and in the Texas practice group, her practice in complex com- commercial arbitrations on behalf of major Court of Appeals. Married to Siobhan Fitz- mercial litigation and insurance insolvency American, Russian, Chinese, French, and patrick Kratovil, ’00, who practices law with led her to achieve esteemed recognition. Korean companies. He has also prosecuted Balestri & Associates, the Kratovils recently and defended claims in U.S. trial and appel- had their second child, Cara, who joined her Allison Sell McDade joined late courts on a wide range of international three-and-a-half-year-old big sister Cate. Pirkey Barber LLP as a senior and commercial legal issues. associate. Based on her experi- Weil, Gotshal & Manges LLP in Houston ence as an intellectual property Robin K. Dodds was hired as a has selected seven new partners worldwide, litigator for Fulbright & Jaworski LLP, she new associate at Jackson Walker including Douglas McClellan, who spe- uses her expertise in trademark and Inter- LLP’s Austin office for her work cializes in patent litigation. He has advised net law with a specialty in enforcement and in prosecuting and defending clients in patent and trade secret mat- domain-name issues. She graduated with residential, commercial, and business litiga- ters involving semiconductors, chemicals, honors from the Law School and was a mem- tion, as well as insurance coverage. She has computer software and hardware, medical ber of the Texas Law Review. handled the representation of homeowners devices, the Internet, and automotive parts. and contractors before the Texas Residential While at the Law School, McClellan was a Sarah E. McLean, a corporate and secu- Construction Commission and advises local member of the Legal Research Board, Order rities lawyer at Thompson & Knight LLP in chapters of national building organizations. of the Coif, and the Texas Law Review. Austin, was included in the “Texas Rising Stars” list for 2009 by Texas Monthly. Dr. Lekha Gopalakrish- Elizabeth A. Niemeyer was promoted nan joined Winstead PC’s to partner at Finnegan, Henderson, Farabow, Kari Potts of Thompson & Knight LLP was Dallas office as a shareholder in Garrett & Dunner LLP, an intellectual prop- named one of the “Texas Rising Stars” for the intellectual property practice erty law firm inW ashington, D.C., Niemeyer 2009 by Texas Monthly. group. Her extensive legal experience encom- represents international and domestic cli- passes all areas of intellectual property law, ents facing patent litigation in the U.S. Bobby Voigt, a litigator for intellectual including patent procurement in chemical and International Trade Commission and federal property in Austin, was elected by Winstead biological disciplines, technology licensing district courts. She also prosecutes patents PC as a new income shareholder. and litigation involving patents, trademarks, and provides patentability opinions in the and copyrights. She also conducted postdoc- areas of electrical technology, semiconduc- toral research in the Department of Cell and tor devices, and optics.

Summer 2009 UTLAW 57 Class Notes

Chad Smith became a partner in the “Texas Rising Stars” list for 2009 by maintains a trial docket focused on complex in Jackson Walker LLP’s Dallas Texas Monthly. commercial matters, including securities and office in the real estate practice class actions. He was named one of the “Texas group. He represents both buyers Jeff Kitner has been made Rising Stars” for 2009 by Texas Monthly. and sellers of raw land, office com- a partner at Jackson Walker plexes, industrial projects, and retail centers. LLP’s Dallas office in the litiga- Seyfarth Shaw LLP promoted Amy K. Smith regularly works on cases involving retail, tion practice group. With a focus Skryja of its San Francisco office to part- office, warehouse, and ground lease negotia- on commercial and business litigation, he ner in its labor and employment group. She tions on behalf of landlords and tenants. has represented plaintiffs and defendants has successfully represented management on a variety of matters in state and federal and other administrative agencies before fed- Marcello E. Tamez, a partner courts. Kitner was also named one of Texas eral and state courts in defense of wrongful with Jackson Walker LLP, was Monthly’s “Texas Rising Stars” for 2009. terminations, age, race, gender, discrimina- selected as a “Rising Star” in the tion, sexual harassment, and other statutory, December 2008 issue of Scene Crowe & Dunlevy in Oklahoma contract, and tort-related claims. She regularly in S.A. Monthly for his work in transactions, City, Oklahoma, appointed advises clients on day-to-day employment law international, corporate, securities, and real James W. Larimore as one issues. She is admitted to the California State estate practice. As an advisor to clients look- of two directors of the firm effec- Bar and U.S. District Court for the Central and ing to sell or acquire commercial ventures or tive January 1, 2009. Larimore focuses his Northern districts of California. establish commercial operations, he has been practice in business and commercial transac- involved in transactions that have a combined tions, securities laws, and taxation. An honors William E. van Egmond value of billions of dollars. He also works with graduate of the Law School, he served as a has been elevated to director at foreign investors seeking to create business in member of the Texas Law Review. Crowe & Dunlevy in Oklahoma San Antonio and throughout Texas. Tamez has City, Oklahoma. Specializing in represented clients as they plan and prepare Josh Lebar, a lawyer in the areas of real aviation title, finance, and regulatory law, for major corporate events such as deposi- estate development and investments for Win- Egmond graduated from the Law School with tions, joint ventures, recapitalizations, minority stead PC in Houston, was elected by the firm the Louis A. Donaldson scholarship. investments, and other liquidity events. as a new income shareholder. Marlen D. Whitley, a corporate and secu- Amber Taylor Welock Andrew Maebius has been rities lawyer at Thompson & Knight LLP in became a partner at Brown made partner at Armbrust & Houston, was named one of the “Texas Ris- McCarroll LLP in Dallas. Brown LLP in Austin. Maebius’s ing Stars” for 2009 by Texas Monthly. practice focuses on real estate transactions, specializing in the representa- 2001 tion of residential and commercial projects. 2002 Alex Alleman, a lawyer for Winstead PC’s Mid-South Super Lawyers named Austin securities and mergers and acquisitions Kassandra “Kassie” Amos a “Rising Star” for 2008. An asso- groups in Austin, was elected by the firm as a McLaughlin has been named ciate for business and real estate law at new income shareholder. partner at Brown McCarroll LLP Quattlebaum, Grooms, Tull & Burrow PLLC in Dallas. in Little Rock, Arkansas, Amos was chosen Todd E. Chen was elected to partner as being among the top 2.5 percent of the at Thompson & Knight LLP’s corporate Richard B. Phillips Jr. region’s up-and-coming lawyers. and securities practice group in Houston. became a partner in Thompson & With extensive experience in mergers and Knight LLP’s trial practice group Christina C. Ashworth of Wilmer- acquisitions, public and private offerings in Dallas and achieved a board Hale in Washington, D.C., was elevated from of securities, and international business certification from theT exas Board of Legal associate to counsel in the firm’s litigation and transactions, he provides legal services to Specialization. As an associate in the firm’s controversy department and remains a mem- a diversity of clients. trial practice group, he focuses his practice ber of its complex commercial litigation and on appellate matters and has represented a intellectual property litigation practice groups. Lorin Combs, a lawyer in the areas of variety of clients in the Texas Supreme Court, Previously, as a trial attorney in the commer- real estate development and investments Texas Courts of Appeals, and the United cial litigation branch of the Civil Division in for Winstead PC in Dallas, was elected by States Court of Appeals for the Fifth Circuit. the U.S. Department of Justice, she defended the firm as a new income shareholder. Phillips assists clients in evaluating potential federal agencies at both trial and appellate appellate issues and providing trial support, level. She focused on cases involving breach Janet P. Jardin, a tax lawyer for Thomp- including preparing dispositive motions, the of contract, violation of the Fifth Amendment, son & Knight LLP in Dallas, was included jury trial, and post-trial motions. He also employment claims, government procurement,

58 UTLAW Summer 2009 Class Notes

and international trade. She has been highly commercial litigation, intellectual property by the Hispanic Chamber of Commerce. The involved in all aspects of civil litigation and litigation, First Amendment litigation, and award recognized twenty-fiveL atino men and has argued numerous cases before the U.S. entertainment law, was named one of Te xa s women who have demonstrated extraordinary Court of Appeals for the Federal Circuit and Monthly’s “Texas Rising Stars” for 2009. levels of dedication, enthusiasm, and vision in the U.S. Court of Federal Claims. their careers and in the community. His expe- Andrew D. Graham, who riences include the structuring of mergers, Luke J. Ellis, who focuses practices complex commercial acquisitions, and private equity transactions his practice for Jackson Walker litigation in trial and appellate involving different jurisdictions. Suárez also LLP’s Austin office on complex courts for Jackson Walker LLP represents businesses and industries that do commercial litigation with an in Dallas, was named one of Texas Monthly’s business in Mexico and Latin America. As the emphasis on condemnation, eminent domain, “Texas Rising Stars” for 2009. only certified foreign legal consultant for Mex- real estate, consumer issues, and business ico in the state of Minnesota, his expertise litigation, was named one of Texas Monthly’s Justin Mapes, an associate remains highly valued. He is also the cochair “Texas Rising Stars” for 2009. at Weil, Gotshal & Manges LLP’s for the Mexico Committee of the American corporate practice in Dallas, was Bar Association and a member of the planning Joshua W. Mermis of Johnson, Spalding, named one of the “Texas Rising committee for the ABA’s section on interna- Doyle, West & Trent LLP in Houston has been Stars” for 2009 by Texas Monthly. tional law for its spring 2009 meeting. elected to membership in the Fellows of the Texas Bar Foundation for his outstanding professional achievements and commitment to the 2004 2007 improvement of the Texas justice system. Every William R. Cruse has joined Blank Rome Aliaquanda L. Derrick has year, one-third of the State Bar members are LLP’s Philadelphia office as an associate in been hired as an associate at the invited to become fellows and are elected by the commercial litigation group. Cruse pre- Dallas office of JacksonW alker the Texas Bar Foundation Board of Trustees. viously practiced at Weil, Gotshal & Manges LLP in the field of labor and LLP, where he concentrated in commercial, employment litigation. Prior to joining the firm, Kallie (Smythe) Myers, a tax lawyer copyright, and trademark litigation. As a mem- she served as a law clerk for Justice Scott A. for Thompson & Knight LLP in Dallas, was ber of Weil Gotshal’s electronic discovery task Brister of the Texas Supreme Court. named one of the “Texas Rising Stars” for force, which focuses on 2009 by Texas Monthly. issues raised by the dis- coverability of electronic Kerry O’Brian recently formed O’Brian Law data, he contributed PC in Austin after working at the Texas Office revisions of a treatise on of the Attorney General and at a law firm for electronic discovery. five years. O’Brian specializes in workers’ compensation, employment, and labor law. Shannon Bracewell & Giuliani is Zmud of J a c k s o n proud to sponsor the Walker LLP 2003 2009 UT Law Reunion. King & Spalding LLP’s Houston office pro- in Dallas was named moted Roberto Aguirre-Luzi (LLM) to one of Texas Monthly’s partnership effective January of 2009. Prior “Texas Rising Stars” to his promotion, he worked as an associ- for 2009. Her areas of ate for Marvel, O’Farrell & Mairal in Buenos practice include intel- Aires, Argentina. With a Latin American lectual property law, focus, his practice includes advising multina- media law, gaming law, tional corporations on complex arbitrations and business litigation. before the World Bank’s International Centre for the Settlement of Investment Disputes. He also has experience under UNCITRAL, 2006 AAA, and ICC rules. Alejandro Suárez (LLM) of Fredrikson Amanda L. Bush, who repre- & Byron PA in Minne- bgllp.com Texas New York Washington DC sents clients for Jackson Walker apolis, Minnesota, has Connecticut Dubai Kazakhstan LLP’s Austin office in a variety been named one of the London Bracewell & Giuliani LLP of matters including complex “25 on the Rise” in 2008

Summer 2009 UTLAW 59 Class Notes

Nicholas Franklin has joined the trust Jackson Walker LLP in Austin James Sonnier joined Thompson & Knight department at Firstbank Southwest as vice selected Lisa Miller as a new LLP’s oil and gas practice group in Houston. president and trust officer. associate in the firm’s transac- Prior to graduating from the Law School he tions and health care sections. received a bachelor’s degree in English from Brian Stoltz joined Thompson & Knight Miller received her JD, with honors, from the the University of Texas at Austin in 2005. LLP’s trial practice group in Dallas. He com- Law School, where she served as managing pleted a judicial clerkship in 2007–2008 with editor for the Texas Journal of Oil, Gas and Sarah Steward-Lindsey the Honorable Carolyn Dineen King in the Energy Law. became an associate for Lisklow U.S. Court of Appeals for the Fifth Circuit. & Lewis in Houston. She practices Baker & Hostetler LLP appointed energy and business litigation Erin K. Murdock as an asso- as well as maritime, oilfield, and insurance 2008 ciate in its Cleveland office. matters. Steward-Lindsey earned her degree, Toni Nicole Anderson joined Thomp- While attending the Law School, with honors, from the Law School and served son & Knight LLP’s corporate and securities she served as the managing editor for the as editor in chief of the American Journal of practice group in Dallas. She received her Texas International Law Journal and interned Criminal Law and was a member of the Board JD, with honors, from the Law School and a for the Honorable Frank R. Monroe, ’69, in the of Advocates. BBA and MBA, both magna cum laude, from United States Bankruptcy Court, Western Florida A&M University in 2004. District of Texas. Matthew Swantner was appointed as an associate in Salvador Castañeda joined Karen M. Rose joined Thompson & Knight the litigation section at Jack- Jackson Walker LLP in Austin LLP’s tax practice group in Houston. Before son Walker LLP’s Austin office. as an associate. With a focus on receiving a JD from the Law School, she He received his JD, with honors, the Law cross-border business transac- received a bachelor’s degree, summa cum School, where he interned with the Honor- tions and international trade, he previously laude, from Wofford College in 2005. able Robert Pitman, ’88, U.S. magistrate led a team specializing in the acquisition of judge for the Western District of Texas. distressed asset portfolios in Latin America. Jon Schnautz has joined Thompson & He coordinated diligence teams of lawyers and Knight LLP’s Austin office as an associ- Jackson Walker LLP’s Austin business consultants in the analysis, nego- ate. He received his JD, with honors, from office hired Anna Trimble as tiation, and closing of real estate deals and the Law School and his bachelor’s degree, an associate in the transactions non-performing portfolios in Argentina, Brazil, summa cum laude, from the University of section of the firm. She received Ecuador, and Mexico. Born in Brownsville, he is Texas at Austin School of Journalism. her JD, with honors, from the Law School, a BRS_UTLawAlumniMagazine_4.5x3.5_ad:Layoutdual citizen of Mexico and the United States, 1 6/25/09 4:46 PM Page 1 where she was the recipient of the Texas and is fluent inS panish and Portuguese. Endowed Fellowship and worked as the associate editor of the Review of Litigation.

Emily S. Tubb joined Thompson & Knight LLP’s corporate and securities practice Beck Redden & Secrest L.L.P. group in Dallas. She received a JD, with honors, from the Law School and a bachelor’s is proud to support the degree in economics and English, magna cum laude, from Georgetown University in 2005. University of Texas Jackson Walker LLP hired Travis Law Alumni Association Wussow as an associate in its environmental and regulatory practice areas. In dealing with regulatory issues with the Texas Commis- sion on Environmental Quality and U.S. Environmental Protection Agency, he assists One Houston Center his clients on matters involving the steel, 1221 McKinney Street, Suite 4500 ~ Houston, Texas 77010 concrete, and the cement manufacturing Telephone 713.951.3700 ~ Facsimile 713.951.3720 www.brsfirm.com industries. Wussow graduated with honors from the Law School and was the articles editor for the Texas Law Review.

60 UTLAW Summer 2009 In Memoriam

Gaynor Kendall, ’32, died on January M. Warlick Carr, ’47, died on July 9, Thomas Edwin Taulbee, ’48, died on 22, 2009. 2008. October 5, 2008.

Samuel M. Passman, ’35, died on Richard Avent, ’48, died on July 21, The Honorable O’Neal Bacon Sr., January 21, 2009. 2008. ’49, died on February 5, 2009.

James J. Laney, ’36, died on January J. Henry Doscher, ’48, died on Octo- Robert C. Barnett, ’49, died on Janu- 29, 2008. ber 5, 2008. A long-time Abilene lawyer and ary 10, 2009. university professor, he is remembered as Herbert Gordon Davis, ’37, died on a chivalrous, charitable gentleman. Before Albert L. Bartley Jr., ’50, died on Octo- November 2, 2008. earning his JD from the Law School in 1948, ber 18, 2009. he served in the Navy during World War II. William S. Lott, ’40, died on February After a position as a briefing attorney for George Lee Brundrett, ’50, died on 11, 2009. the Texas Supreme Court, Doscher moved February 7, 2009. to Abilene and joined the firm Wagstaff, John D. Moseley, ’40, died on March 3, Harwell, Wagstaff and Alvis. He eventually James A. Morris, ’50, died on December 2009. opened a private practice and taught busi- 16, 2008. ness law at McMurry University. Doscher N. Alex Bickley, ’41, died on October 3, established several funds at the Community The Honorable Harold Barefoot 2008. Foundation of Abilene when it was founded Sanders Jr., ’50, died on September 21, in the mid-1980s. 2008, at the age of eighty-three. Over a long Ben White, ’41, died on December 8, and distinguished career Sanders served 2008. John A. Grambling, ’48, died on Febru- three terms in the Texas legislature, as a U.S. ary 24, 2009. assistant deputy attorney general, as legisla- J.O. Couch, ’42, died on January 25, tive counsel to President Lyndon Johnson, 2009. John Heyburn, ’48, died on February and as chief judge for the United States Dis- 20, 2009. trict Court for the Northern District of Texas. Joseph F. Weiler, ’42, died on November Sanders served in World War II in the Navy 18, 2008. aboard a destroyer in the PacificT heater.

Summer 2009 UTLAW 61 In Memoriam

Following his military service, he attended helped draft the Texas Mental Health Code. Hospital there. As general counsel, he was the University of Texas at Austin where, in As a federal judge, he oversaw the restruc- very close to many of the physicians on staff. 1948, he was elected president of the stu- turing of the state hospitals for the mentally Clements also served on the City Planning dent body. It was during this time he first ill in the wake of a civil rights reform lawsuit, Committee of Temple, the Temple City Coun- became known by his middle name, Barefoot, R.A.J. v. TDMHMR. The case was named for cil, and as mayor from 1970 to 1974. He was a his grandmother’s maiden name. There is a the initials of the original plaintiff in 1974, member of the UT Centennial Commission, famous story about his successful campaign and it sought to improve living conditions the Executive Committee of the Chancellor’s for student body president: on election day, and treatment for patients in Texas’s eight Council, the Eyes of Texas Foundation, the UT Austin students woke to find stenciled state psychiatric hospitals. As a friend and UT Athletic Foundation, and the Keeton Fel- imprints of a bare foot all over the campus. graduate of the School of Law, Sanders was lows at the Law School. Clements is survived Sanders would play on the representation honored with a lifetime achievement award by his wife of forty-seven years, his three of a bare foot in various ways in campaigns in 1999, and for his remarkable commitment children, and eleven grandchildren. throughout his political career. to public service by the William Wayne Jus- he attended the Law School, and upon tice Center in 2005. Many UT Law graduates Virgil Cassell Morelle, ’56, died on graduation entered into private practice in served as clerks in his courtroom. Sanders November 18, 2008. Dallas. In 1953, Sanders was elected to the retired from the bench in 2006. first of three terms in theT exas House. During Eleanor Barclay Darnell, ’57, died this period he was responsible for shepherd- Martin L. Allday, ’51, died on December on December 18, 2008, at the age of eighty- ing such important legislation as the creation 8, 2008. eight. Before becoming an attorney, Darnell of the Trinity River Authority, among many held a variety of jobs depending on where other initiatives. He was instrumental in Will A. Hadden Jr., ’52, died on Decem- her father, Joseph Rogers Darnell, was helping the Kennedy-Johnson ticket win ber 5, 2008. stationed at the time. As an army physician Texas in 1960. Following the election, Presi- and surgeon, her father traveled around the dent Kennedy appointed him federal attorney William N. Patman, ’53, died on world and Eleanor followed him. She was the in Dallas. A few years later he joined the December 9, 2008. private secretary to the chief of surgery at Department of Justice in Washington, D.C., Emory University in Atlanta, Georgia, and where he supervised all of the United States William Reed Quilliam Jr., ’53, died worked for the engineer board at Fort Belvoir, attorneys, until he was asked to be President on July 14, 2008. Virginia. In Frankfurt, Germany, she was the Johnson’s legislative counsel. Johnson rec- administrative assistant for billeting (hous- ognized Sanders’s many gifts, and realized Franklin Jones Jr., ’54, died on Decem- ing) during the American occupation. Darnell that to bring his dream of the Great Society ber 18, 2008. recently received recognition from the State to fruition, he needed people like Sanders Bar of Texas for over fifty years of honorable on his team. After working in Washington William M. Kerr Sr., ’54, died on Janu- law practice. She is survived by her niece, for many years, Sanders returned to private ary 17, 2009. two nephews, a brother, and godchildren. practice in Dallas in1969. He ran for a seat in the United States Senate in 1972, but lost to Jack Yates, ’54, died on January 26, Guy Jackson III, ’57, died on February 23, John Tower as part of the Nixon landslide. 2009. 2009 at the age of seventy-seven. He wrote the in 1979 Sanders returned to public service epitaph for his gravestone, describing himself when President Jimmy Carter appointed him Donald G. Canuteson, ’55. as a dutiful son, loving father, faithful hus- United States district judge for the Northern band, soldier, Freemason, public servant, and District of Texas; from 1989 to 1995 he was Jamie H. Clements, ’55, died on Feb- “iconoclastic S.O.B.” Jackson was descended chief judge of the court. His appointment ruary 26, 2009. While at the Law School, from an Irish immigrant, Humphrey Jackson, to the federal bench was the beginning of a Clements was elected a state representa- one of Stephen F. Austin’s original three hun- remarkable, nearly three-decades long judi- tive from the district covering Crockett and dred colonists who settled in eastern Harris cial career during which he presided over Huntsville. He was sworn in at age twenty- County. Jackson dedicated twenty-three litigation surrounding the desegregation of one and became the youngest person ever years of service to the military as a lieutenant public schools in Dallas and improving con- to serve in the Texas Legislature. Clements colonel in the Army and the National Guard. ditions for the mentally ill in state hospitals. served two terms while completing law He also served as president of the National Sanders’s oversight of the Tasby litigation—a school in 1955 and then served a third term Guard Association of Texas. After earning his desegregation plan for the Dallas Indepen- from 1958 to 1959. In 1956, Clements joined JD from the Law School, he managed a gen- dent School District that lasted for decades the U.S. Marine Corps and became a combat eral practice and a title company in Anahuac. until it was finally settled in 2003—is widely infantry officer assigned to the legal divi- Last year he was recognized for his fifty years lauded. He ordered the construction of sion at El Toro Marine Corps Air Station in of service to the State Bar of Texas and as a magnet schools and made most busing volun- California. He moved to Temple in 1960 and Freemason. Jackson is survived by his wife of tary. While in the Texas Legislature, Sanders became a staff member of Scott & White forty-seven years; two sons; and a daughter.

62 UTLAW Summer 2009 In Memoriam

Judge James Smith Miles, ’57, died Harvey Pippen Jr., ’61, died on Decem- isfied his intellectual curiosities by reading on December 12, 2008. ber 25, 2008. great works of world literature and political histories. He is survived by his wife, sister, Dick Eyster, ’58, died on February 24, Don L. Dickson, ’62, died on September two daughters, and four grandchildren. 2009. 9, 2008. Charles T. Newton Jr., ’67, died on James E. Geary, ’58, died on November James B. Barlow, ‘63, died on Decem- November 20, 2008. 7, 2008. ber 4, 2008. Rolf E. Hiebler, ’69, died on December Morgan Shipman, ’58, died on Decem- John C. Culpepper Jr., ’63, died on 17, 2008. ber 4, 2008. December 19, 2008. James L. McMurtry, ’69, died on Mac Tichenor Sr., ’58, died on Janu- W. Carroll Kelly, ’63, died on September December 29, 2008. ary 3, 2009. 6, 2008. Robert H. Sparks Jr., ’69, died on Sep- The Honorable Eduardo E. de Ases, James Lawrence Dalton, ’64, died tember 27, 2008. ’59, died on February 21, 2009. on November 27, 2008. David S. Shughart Jr., ’70, died on James B. Devine, ’59, died on Septem- Willard Randoly Elliot, ’64, died on September 8, 2008. ber 13, 2008. October 1, 2008. Frederick M. Baron, ’71, died on Octo- The Honorable Andrew L. Jefferson Scott Kneese, ’64, died on November ber 30, 2008, at the age of sixty-one. Baron Jr., ’59, died on December 8, 2008. Jefferson 25, 2008. was a pioneer in mass tort litigation and was the firstA frican American in his class a major Democratic fundraiser. He died at the Law School; he also became the first Colonel Joe Lynn Woodward, ’64, from multiple myeloma (cancer of the bone African American assistant district attorney died on December 31, 2008. marrow) at his home in Dallas. Baron began in Bexar County. In 1962, Jefferson served his career in toxic tort litigation as a young as the assistant U.S. attorney in the West- Jack Raymond Napier II, ’65. lawyer at Dallas-based Mullinax, Wells, ern District of Texas, and in 1968 he was a Mauzy & Collins in 1974 when he won a large trial and relations lawyer for what is now The Honorable John William Black, settlement for workers exposed to asbestos ExxonMobil. From 1970 to 1974, Jefferson was ’65, died on October 2, 2008. at an East Texas insulation factory by suing a judge for the former Court of Relations No. the manufacturers and suppliers of asbestos 2 in Harris County, followed by taking the Thomas S. Goggan III, ’67, died on to the plant. The settlement was the first of bench of the 208th Criminal District Court. March 21, 2009, at the age of sixty-five. Born in many Baron would win representing people President Jimmy Carter elected Jefferson Dallas, he grew up in San Antonio and grad- harmed by exposure to toxic and carcino- to the U.S. Court of Appeals for the Fifth uated from the Law School in 1967. Goggan genic substances, most with the firm he Circuit. He is remembered for being a pio- spent the first fourteen years of his career founded in 1977, currently known as Baron neer in law for African Americans and for practicing criminal and civil law, representing & Budd PC. Baron was born in Cedar Rap- his unrelenting dignity. some of Austin’s most illustrious characters ids, Iowa, and moved to Smithville, Texas, and arguing cases in the U.S. Supreme Court as a teenager. After graduating from the Phocion S. Park III, ’59, died on Sep- and the U.S. Court of Appeals for the Fifth University of Texas in 1968, he entered the tember 1, 2008. Circuit. In 1982, he and fellow Law School Law School, serving as editor of the Te xa s graduates founded Heard, Goggan & Blair. Law Review from 1969 until his graduation. James L. Truitt, ’59, died on July 11, Goggan’s talent for litigation served his firm Baron and Budd grew rapidly by special- 2008. well, and he continued to represent clients izing in asbestos litigation and eventually in complex tax cases until the end of his broadened its practice to represent plain- John C. Chambers, ’60, died on Febru- career. Goggan coauthored (with Matthew tiffs in a variety of toxic tort cases as well ary 8, 2009. Bender) a text on ad valorem taxation; was as in securities fraud cases, class actions, an active member of the State Bar of Texas, and commercial litigation. Among others, Thomas Cook, ’61, died on December where he served on the Administration of Baron won settlements for West Dallas 5, 2008. Justice and Administrative Law committees; children allegedly exposed to lead emis- taught continuing legal education classes; sions from nearby smelters; residents of and was a member of the legal fraternity Phi a Tucson, Arizona, neighborhood who may Delta Phi. He is remembered for his wit and have been exposed to the carcinogen TCE in keen intellect. Goggan enjoyed life and sat- their drinking water; and people in Western

Summer 2009 UTLAW 63 In Memoriam

have been exposed to radioactive emissions F. Newton Millen, ’74, died on October James R. Larkins, ’80, died on August from a nuclear power plant. 31, 2008. 4, 2008. an active supporter of Democratic Party candidates and causes, Baron left the firm Paul A. Berlanga, ’76, died on October Bob Hasty, ’85, died on December 22, he founded in 2003 to devote himself to 28, 2008. 2008. politics and charitable efforts. He served as campaign finance chair for formerN orth Leonard Kirzner, ’76, died on February John F. Curry, ’87, died on February 16, Carolina Senator John Edwards’s presiden- 20, 2009. 2009, at the age of 47. A 1987 graduate of the tial campaign and was a supporter of and Law School, he was a public defender in fundraiser for the campaign of President Eric W. Schulze, ’77, died on August Wichita Falls and recently planned to start Barack Obama. He also supported former 28, 2008. his own practice. Well respected in the com- Dallas Mayor Ron Kirk, ’79, in his unsuccess- munity, Curry was an excellent attorney and ful 2002 U.S. senatorial campaign. Frank Arnold, ’79, died on August 28, a compassionate human being. He loved the Baron’s legacy of public-interest liti- 2008. law and worked tirelessly for truth and jus- gation and pro bono work lives on at the tice. A man of integrity, helping others was Law School in the Baron and Budd Public Willie Kocurek, ’80, died January 1, 2009, his passion. Interest scholarships. Administered by the in Austin, at the age of ninety-eight. Kocurek William Wayne Justice Center for Public was the owner of a popular Austin service Scott Derek Daniel, ’91, died on Interest Law, the scholarships offer finan- station and appliance store, the Willie December 27, 2008. cial support to law students who commit Kocurek Co.; a member and president of the to working three hundred pro bono hours Austin School Board; a lawyer; and a well- Jeffrey M. Cameron, ’96, died on Sep- for nonprofit organizations that provide known community volunteer and speaker. tember 17, 2008. legal services to underserved people and Kocurek came to the Law School at the communities. age of sixty-seven after retiring from work Deborah Anne Moseley, ’97, died on Baron served as president of the Associa- at his store. Upon graduation, he started a July 22, 2008. tion of Trial Lawyers of America (now known law practice in Austin, specializing in wills as the American Association of Justice) in and probate. Alex G. Nixon, ’00, died on October 9, 2000. He helped found public interest law Previously, he earned his BBA from the 2008. firmT rial Lawyers for Public Justice (now University of Texas at Austin in 1933 and known as Public Justice) in 1983. Baron and began courses at the Law School in 1943, but his wife, Lisa Blue, were founders and board his plans for a law degree were interrupted members of the Baron & Blue Foundation, by work and by service in the U.S. Navy dur- which gives grants to nonprofit organiza- ing World War II. As might be guessed of a tions serving poor and homeless people in man who finished a law degree he had begun Dallas. He is survived by his wife and five over thirty years earlier, Kocurek demon- children. strated a life-long commitment to education. He served as a member of the Austin Inde- Ronald M. Gipson, ’71, died on August pendent School Board from 1946 to 1949 and 4, 2008. as president of the board from 1950 to 1954. He also served as president of the Texas James William Spears, ’72, died on Association of School Boards, director of September 7, 2008. the National Association of School Boards, and on the board of directors of the Region Douglas S. Harlan, ’73, died on Novem- XIII Education Service Center, and was ber 7, 2008. chairman of the “Forming the Future” committee for the school board in 1982 and 1983. Eugene A. Macha, ’73, died on January Kocurek Elementary School, in Southwest 10, 2009. Austin, was named after Kocurek and his wife, Maurine, in 1986. M. Lloyd Selijos, ’73, died on January Kocurek and his son Neal were named 26, 2009. Austinites of the Year in 1989.

64 UTLAW Summer 2009 A Potential for Transformation More than fifty Texas counties have adopted a juvenile justice–policy plan designed by Hannah Miller, ’09

A rare glimpse inside maximum-security prisons in 2008 led Hannah Miller, ’09, to groundbreaking work in policy reform at the Texas capitol. “What I witnessed that day changed my life,” the twenty- nine-year-old student said. “The cells were smaller than I ever imagined. Bodies cramped, eyes bloodshot and desperate,” she recalled, noting the disorienting absence of natural light in windowless solitary confinement. “Men were literally in cages,” she said. “Twenty-three hours a day under fluorescent lighting, rocked to sleep by violent screaming from cell to cell.” These conditions only aggravated inmates’ mental problems, Miller said. “It was hellish—just by C hristina M urrey p hoto absolutely dehumanizing.” Hannah Miller, ’09 but Miller said the experience moved her to refocus her legal career on policy issues affecting prisoners, particularly “Working with juvenile-probation departments across the death-row inmates and juvenile offenders. Miller is now doing state, it has been amazing to witness their newfound enthusi- work at the Texas Legislature to promote less punitive, more asm for treating youth in the local community,” Miller said. rehabilitative alternatives to incarceration. “The counties have started to embrace the belief that juvenile “You can’t address these complex problems through legal offenders, even those who have committed some of the worst representation alone,” said Miller, who saw inside the prisons crimes, have the potential to be of value in their communities. when she studied last year with attorney Michele Deitch, a They no longer seem resigned to view these kids as criminals criminal-justice expert at the Law School and UT’s LBJ School on their way to adult prison.” of Public Affairs. “In many cases, policy reform may be the More than fifty counties have adopted Miller’s proposal. more effective mechanism.” “This project has the potential to redirect juvenile justice Deitch said Miller, who graduated in May 2009, did “absolutely in Texas,” she said. “If the programs funded this session suc- groundbreaking work” in Deitch’s Texas Juvenile Justice System ceed, then the 2011 Legislature could embrace this concept service learning course. As a policy intern with the Travis County statewide.” Juvenile Court, Miller has had “an enormous impact right now a Florida native, Miller came to the Law School after having on the direction of juvenile-justice reform,” Deitch said. attended Harvard Divinity School for a year and working in hos- travis County may receive as much as $17 million for a pilot pice care. Her time at the Law School, she said, has given her project Miller helped design, and the proposal is already rich and varied experiences. She worked to improve conditions reshaping views of the future of juvenile justice. A response to at the Hutto immigration facility; represented condemned pris- the 2007 sexual-abuse scandal in the Texas Youth Commission, oners in the Capital Punishment Clinic; published academic this project would fund counties to house and treat juvenile research on the issue of mental illness on death row in the offenders in their local communities rather than send them Texas Law Review; attended arguments at the U.S. Supreme to distant state institutions. Court in a case she worked on with the Supreme Court Clinic; “Travis County and all of Texas will be better off because and worked in the legislative arena. After graduation, Miller of her efforts,” said Travis County District Judge W. Jeanne plans to clerk for a federal appellate judge in Macon, Geor- Meurer, Miller’s supervisor. “Hannah condensed complex ideas gia. for reforming Texas’s juvenile-justice system into communica- in the summer of 2008, Miller was part of the legal team tions that seized the attention of the state’s policymakers. She’s that secured an eleventh-hour commutation for an inmate triggered a potential paradigm shift in the way Texas deals with sentenced to death in Georgia—a rarity in that state’s history. youthful offenders.” She said she found a glimmer of hope in the state’s recogni- Miller says working on the proposal has inspired her to see tion of her client’s value. the potential for change even amid tragedy, such as the sexual- “I believe,” she said, “that everyone has basic worth as a human abuse scandal that led to her efforts. being and the potential for transformation.”—Laura Castro Prsrt Std US Postage PAID Austin, TX Permit No. 1501

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