Non-Profit Organization U.S. Postage PAID Jackson, MS Permit #967 A CHRISTIAN UNIVERSITY MISSISSIPPI COLLEGE SCHOOL OF LAW MISSISSIPPI COLLEGE SCHOOL OF LAW / SUMMER 2009 151 EAST GRIFFITH STREET amıcus JACKSON, MS 39201 THE HOME OF THE BRAVE MCSOL SALUTES OUR STUDENTS AND ALUMNI IN THE MILITARY Mark Your Calendar FIRST FRIDAY ALUMNI AND IS NOW FIRST REUNION WEEKEND WEDNESDAY April 30 – May 1, 2010 Join us for lunch with Location TBA Dean Jim Rosenblatt 11:30 a.m. – 12:30 p.m. AREA ALUMNI in the MCSOL GATHERINGS Student Center To find out when Dean Rosenblatt will be in your area, August 5 visit http://law.mc.edu/alumni/ September 2 upcoming_events.htm October 7 TO RSVP OR FOR November 4 MORE INFORMATION December 2 ABOUT THESE EVENTS, CONTACT: FAMILY DAY Whitney Whittington, February 19, 2010 Director of Annual Giving and MCSOL Alumni Relations at 601.925.7175 Campus or [email protected] The Heritage Society The MCSOL Heritage Society honors those who make planned gifts to the law school, including provisions for MCSOL in wills, life insurance policies, and other types of gifts that become effective at the end of a donor’s lifetime. • Mark Sledge ’80, a partner in the Jackson- based firm of Grenfell, Sledge and Stevens, is one of the Heritage Society’s newest members. • On the Cover: Sledge made a gift of $100,000 to MCSOL through life insurance. “By using the money that MCSOL honors the men I was gifting to MCSOL on an annual basis and purchasing a life insurance policy benefitting and women who serve the law school, I was able to substantially increase the overall value of my gift,” Sledge in the courtroom and explains. “I’m happy to make a planned gift today that will benefit the law school tomorrow. on the battlefield. • “I would recommend that every alumnus who has not visited the law school in several years make a visit to see the great transformation that has occurred there,” Sledge continues. credits “A short visit will make them proud of their school and want to become actively involved.” MCSOL Heritage Society Members: D. Carl Black, Jr. ’63 • Thorne G. Butler • Lee Cline ’79 MISSISSIPPI COLLEGE Herman Hines • The Honorable Rex Gabbert ’85 • Robert L. Lyle ’88 • David McCarty ’04 • J. Michael SCHOOL OF LAW Maloney ’80 • Dean Jim Rosenblatt • Mark Sledge ’80 • Professor J. Allen Smith (deceased) • Lowell Stephens ’56 Amicus Mississippi College School of Law offers its students a broad based legal education in Summer 2009 a supportive, collegial environment. Theoretical teaching is complemented by experiential Dean learning and skills training. Our new downtown campus in the state capital allows our students Jim Rosenblatt to interact with attorneys and judges. Applicants are automatically considered for generous Editor/Director The Charitable Gift Annuity academic merit scholarships and your tuition is guaranteed not to increase during law school. of Public Relations A Gift to MCSOL that Returns the Favor to You Come for a visit, attend a class, meet our students, and see the opportunities awaiting you. Call Dana Terry our admissions office at 601.925.7152, email [email protected], or visit www.law.mc.edu. Director of You’ve heard the old adage that it’s steady stream of income. With a gift of Perhaps best of all, John is celebrated Annual Giving and better to give than to receive. But with a $10,000 to Mississippi College School as a major donor to MCSOL. Alumni Relations charitable gift annuity, you do yourself of Law, John sets up an annuity that pays Whitney Whittington * This figure is calculated using quarterly a favor when you contribute to Missis- him $630 annually in quarterly install- payments and a 2.4 percent charitable mid- www.law.mc.edu Director of Alumni sippi College School of Law. ments (6.3 percent of his $10,000 gift). ACCREDITED BY THE AMERICAN BAR ASSOCIATION AND A MEmbER OF THE ASSOCIATION term federal rate, a figure used by the IRS in and Development A charitable gift annuity provides As a result of his generosity, John OF AMERICAN LAW SCHOOLS AND THE INTERNATIONAL ASSOCIATION OF LAW SCHOOLS determining the future value of a gift. Thorne Butler annuity payments to you for your entire will also be able to claim a charitable life in exchange for a gift to MCSOL. deduction of $4,170 on his income tax Contributing Editor After your lifetime, the balance is avail- return in the year he makes the gift.* At One Life Two Life Marlo Kirkpatrick able to help support the law school. We John’s 28 percent annual income tax rate, your rate of your rate of age return ages return Designer use the annuity rates recommended by this saves him $1,168, making his out- Alecia Porch the American Council on Gift Annui- of-pocket cost for the gift only $8,832. 50 4.4% 50/55 3.9% ties. These rates are the same for men Taking into account his tax savings, with Photography and women and are slightly lower for each annual annuity payment of $630, 55 4.8% 55/60 4.4% Robby Followell 60 5.0% 60/65 4.8% Greg Jenson two annuitants of the same age. he is actually receiving 7.1 percent of his Jay Thomas Here’s an example of how a charita- out-of-pocket cost. 65 5.3% 65/70 5.0% Hubert Worley ble gift annuity works. John, age 75, has Assuming John lives to his life expec- 70 5.7% 70/75 5.3% long wanted to make a significant gift to tancy of age 87, nearly three-fourths of 75 6.3% 75/80 5.8% Copy Editor Mississippi College School of Law, but the annuity installments he receives will Sissy Yerger 80 7.1% 80/85 6.5% he doesn’t want to give up the security of be non-taxable. To realize the same 85 8.1% 85 7.5% Contact Amicus receiving income payments from his assets. after-tax amount to spend or reinvest, 151 East Griffith Street With a charitable gift annuity, John can an all-taxable return would have to be 90+ 9.5% 90/95+ 9.0% Jackson, MS 39201 make a charitable gift and still receive a 9.2 percent on net cost for these years. 601.925.7148 [email protected] amıcusTABLE OF CONTENTS FEATURES DEPARTMENTS 16 Following the Opening Statement 2 Paper Trail by Dean Jim Rosenblatt Dean Phillip McIntosh Briefs focuses on the people He’ll See You in Court behind the paperwork. 4 MCSOL Welcomes Dana Terry 4 Blessed is the MCSOL Campus 5 Behind Every Great Judge, There’s a Great Clerk 5 Putting Ethics on the Stand 6 18 Scholar, Teacher, A Busy Semester for BLSA 7 Professor For the Public Good 7 Something Fishy at LSBA of the Year 7 Mark Modak-Truran Making a Moot Point in Mississippi 8 Order of Barristers 8 2008-09 MCSOL Moot Court Competitions 8 Graduation 2009 10 Faculty Focus 12 26 The Best Practicing What They Teach 20 Legal Good as Gold 22 Leaders, A Family Tradition 24 Bar None Annual Report (insert) Honoring Those Who Opened Doors 41 And the Award Goes to… 42 Establishing Precedent 44 You Learn Something New Every Day 45 Let the Good Times Roll 46 30 The Home Alumni Gatherings 47 of the Brave Hot off the MLi Press 48 A Salute to MCSOL Class Action 49 Students and Alumni Closing Statement 56 in the Military by Lt. Col. Thomas M. Ray The Heritage Society (inside back cover) amıcus | 1 opening | statement Suffice it to say that my ROTC unit “When I was a child, was not a popular student organization on rainy days when on campus during my law school years. It was quite an experience to have cat- we couldn’t play calls and taunts hurled at me as I walked to my ROTC drill. Yet, I was exposed to outside, my mother a resilient cohort of fellow students and would take out a bright and talented military officers with advanced degrees who were remarkably box that contained professional through it all. By the time of my graduation from some of my father’s law school in 1972, the Vietnam conflict memorabilia. I can was drawing to a close. I was given the option of serving on active duty for just Graduates and Friends, still remember six months, followed by a period of Reserve In this issue of Amicus we spotlight service. I chose instead to go on active duty some of our graduates and students who holding his Army Air for four years and the rest is history. have served in the military. We have Corps tech sergeant During my Army career, I had the also included a list of our graduates with good fortune to be associated with great military service who responded to our insignia and his people and engage in work that had a request for information. MCSOL is positive impact on the organization and proud to recognize those who have served lieutenant’s bars.” mission. Assignments and personal travel our country. took my wife, Lauren, and our four This recognition is special to me focused on my plans to farm and be- boys to many countries and communi- because of my 30-plus years in the Army come a politician. ties. It was historic to be in Germany as a judge advocate officer. Like many But life can deal you cards that change when The Wall came down, rewarding of you, I ended up on this career path your plans.