Advocate Magazine 2015

Vol. 49, 2015

• Alumna confirmed as U.S. deputy attorney general

• Law school receives $3.4 million from the Sanders estate

• U.S. senator speaks on international trade

• The post-postcolonial woman or child

•

• INSIDE:

Meet Dean Rutledge

To learn more about the annual Law Dawg BBQ or to register to

attend, please visit www.law.uga.edu/upcoming-alumni-events.

SATURDAY, OCT. 17, 2015

2.5 hours before kickoffHERT Y FIELD

Ticket sales are offered

beginning July 11 and will

end Oct. 2, 2015, at 5:00 p.m.

JOIN US FOR THE

GRAB YOUR FAMILY AND FRIENDS!

25thAnnual

TICKET SALES BEGIN

JULY 11!

REUNION CLASSES:

March 18–19, 2016

ALUMNI/ALUMNAE EVENTS

From the dean …

t is an honor to serve as the 13th dean of your law school. This first semester of service has offered many occasions

to connect with you. Keith Mason (J.D.’85) kicked things off with a lovely reception

during the State Bar Midyear Meeting. Recently, at our graduation ceremony, President Jere Morehead (J.D.’80) personally conferred degrees on the Class of 2015, and the Honorable Steve Jones (J.D.’85) from the U.S. District Court for the Northern District of Georgia delivered an inspiring address about a lawyer’s obligation to serve.

I’ve been crisscrossing the country, listening to your ideas and developing a strategy for continuing the tradition of excellence at Georgia Law. To do so, we must provide first-rate legal training and produce world-class scholarship, in service to state and nation, all at a good value.

First-Rate Legal Training: Our students will continue to develop the tools necessary to serve the changing demands of the job market. New courses aiding this effort include: Compliance, Internal Investigations, Document Drafting and Advanced Legal Writing for Judicial Clerks, among others. This spring we began a comprehensive re-examination of our writing curriculum and inaugurated two new writing prizes in order to build writing skills in our rising second-year students under the close supervision of faculty members.

Our new “Georgia Law in Atlanta” semester will enable students to take classes in Atlanta while working in externships, thus enhancing their employment opportunities. Georgia Law students have seen success with this model in our Washington, D.C., Semester in Practice Program. I am excited to see the results in our own state.

World-Class Scholarship: Our faculty, among the most talented in the country, shape policy discussions on state, national and international platforms. In February, professors participated in the Working in the Public Interest Conference where Attorney General Sam Olens spoke about his efforts to combat sex trafficking. In March, Associate Dean for Faculty Development Usha Rodrigues and Professor Mehrsa Baradaran assisted the Georgia Law Review in hosting a nationally recognized symposium, featuring the president of the Federal Reserve Bank of Atlanta, Dennis Lockhart, and U.S. Securities and Exchange Commissioner Luis Aguilar (J.D.’79). In May, Professor Elizabeth Chamblee Burch received the Young Scholars Medal from the American Law Institute – the nation’s highest honor for law professors. Next spring, under the leadership of Professor Harlan Cohen and the new Associate Dean for International Programs and Strategic Initiatives, Woodruff Chair Diane Marie Amann, the Georgia Journal of International and Comparative Law will host an expert conference with the International Committee of the Red Cross in order to inaugurate and evaluate the ICRC’s new Commentaries on the Geneva Conventions – the first such update in over a century.

Service to State and Nation: Service is a top priority for the law school. Under the leadership of the new Associate Dean for Clinical Programs and Experiential Learning, Erica Hashimoto, our programs help to fulfill the university’s mission as a land-grant and sea-grant institution. For example, the Appellate Litigation Clinic recently scored several major victories on behalf of clients in cases before the federal appellate courts in fields such as criminal law, immigration law and

franchise law. Additionally, the school’s newly created Community Health Law Partnership Clinic, under the guidance of Professor Jason Cade, helped to address the unmet legal needs of Georgia’s most vulnerable citizens.

Our alumni and alumnae reflect this strong tradition of service. The recent confirmation of Sally Quillian Yates (J.D.’86) as deputy attorney general serves as a reminder that those educated here rank among the nation’s leading legal policymakers. Class Notes details the other amazing achievements of your fellow alums.

The judiciary plays an especially important role in this tradition. In January, Georgia’s Superior Court judges joined us at a reception hosted by the outgoing Law School Association President, Jen Jordan (J.D.’01). This spring, the Honorable Leigh Martin May (J.D.’98) and R. Stan Baker (J.D.’05) joined the ranks of alums on the federal bench. In May, I visited with the justices of the Georgia Supreme Court to discuss how the law school and the state judiciary can partner more closely. This fall, recent graduates from the law school will fan out across the state and country to serve as law clerks.

At a Good Value: The law school is near the top in rankings among state law schools nationwide, while at the same time its tuition is low compared to many peer schools. However, as law school applications have plummeted nationally to levels not seen since the 1970s, competition to recruit an academically talented and diverse class is fiercer than ever. Many law schools have responded to these trends by “discounting” their tuition by 50 percent or more. It is not unusual to hear about private schools guaranteeing to “match Georgia’s offer.”

The law school as a state institution cannot make such offers, and we do not want to. Instead, the scholarships that we offer – and will continue to offer – are authentic ones. True private support, from actual donors, stands behind every dollar of aid, including the recent gift from the late Governor Carl Sanders (J.D.’48), which will begin to provide $80,000 in scholarship support starting in 2016.

To remain competitive and to continue on the path toward excellence, we must build on Governor Sanders’ legacy. To begin, let’s double the annual fund in a single year. To do so, a small group of anonymous donors has created a $500,000 fund that will match all new or increased contributions to the Annual Fund during the 2015–16 year. Be sure to read more about this important and exciting initiative in Anne Moser’s column (page 44). Every dollar raised will support these authentic scholarships, and achieving this goal will underwrite over 30 new half-scholarships, or 60 new quarter-scholarships, for applicants in 2016.

A single letter can only convey so much information. For the latest updates, check the law school’s website and follow us on Twitter and Facebook. Be on the lookout for regional alumni/alumnae events in the coming year. Make plans to join us for Homecoming on October 17, 2015, and our 2nd Annual Alumni/Alumnae Weekend on March 18–19, 2016. This is your law school, and together we will continue to invest in its excellence.

Sincerely,

Peter B. “Bo” RutledgeDean and Herman E. Talmadge Chair of Law

IInvesting in Excellence at Georgia Law

1 Advocate 2015www.law.uga.edu

Follow us on Twitter @UGASchoolofLaw

Connect with Admissions on Facebook www.facebook.com/UGALawSchool

19

Associate Dean & Meigs Professor Hashimoto

The post-postcolonial woman or child 7Associate Dean for International Programs and Strategic Initiatives Diane Marie Amann examines who is the post-postcolonial woman or child and how international law should protect and empower her.

It’s time for postal banking 11Associate Professor Mehrsa Baradaran explores the possibility of the U.S. Postal Service offering banking services to the unbanked population.

Is a tech audit in your future? 17Information Technology Librarian Jason Tubinis explains how the Legal Tech Audit can give lawyers a competitive boost.

www.law.uga.eduwww.law.uga.eduwww.law.uga.edu

Editor’s Note: The Advocate is published annually by the University

members of the law school community. Please contact the Office

[email protected] if you have any comments or suggestions.

Dean Peter B. “Bo” Rutledge

Associate Dean for Academic Affairs

Associate Dean for Clinical Programs and Experiential Learning

Associate Dean for Faculty Development Usha Rodrigues

Associate Dean for International Programs & Strategic Initiatives Diane Marie Amann

Executive Director of Admissions & Diversity Programs

Director of Business & Finance Kathleen A. Day

Executive Director of Career Development

Director of Communications & Public Relations

Director of Dean Rusk Center for International Law and Policy

Director of Law Library

Interim Senior Director of Development

Email departmental inquiries to: Admissions – [email protected] Alumni Programs – [email protected] Communications – [email protected] Development – [email protected]

Career Development – [email protected] Registrar – [email protected]

2014–15 Board of Visitors Chair Kathelen V. Amos, Eleanor F. Bannister, Elizabeth B. Chandler,

2015–16 Law School Association Council

Benjamin R. Tarbutton.

Disabilities Act of 1990, the University of Georgia does not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability or military service in

or employment. In addition, the University does not discriminate on the basis of sexual orientation consistent with the University non-discrimination policy. Inquiries or complaints should be directed to the director of the Equal Opportunity Office, 119

The University of Georgia Foundation is registered to solicit in every state and provides state specific registration information at www.ugafoundation.org/charity.

4 Introducing Dean Bo Rutledge

the law school’s history. Cover photo and large photo above are by Dennis McDaniel.

Burch receives one of the legal academy’s highest honors

Justice Thomas teaches at Georgia Law

21

42

20

contents

Promote your law school by using #GeorgiaLaw

19Top news from Georgia Law.

attorney general 21Sally Quillian Yates (J.D.’86) assumes the No. 2 post at the U.S. Department of Justice.

the 21The donation from former Georgia Gov. Carl Sanders (J.D.’48) is the single largest gift in the law school’s history and makes the late governor the school’s greatest individual benefactor.

24Key events and institutional briefs.

on evolution of financial regulation 24Keynote presentations at the spring conference “Financial Regulation: Reflections and Projections” were delivered by Dennis Lockhart, the president and CEO of the Federal Reserve Bank of Atlanta, and Luis Aguilar (J.D.’79), a commissioner with the U.S. Securities and Exchange Commission.

International Criminal Court prosecutor speaks on crimes against children in times of conflict 25ICC Prosecutor Fatou Bensouda spoke at a Georgia Law conference titled “Children and International Criminal Justice” in the fall.

for public service 27Janet Napolitano, University of California System president and former U.S. secretary for the Department of Homeland Security, presented “Anatomy of a Legal Decision” as Georgia Law’s 112th Sibley Lecturer.

Faculty Accomplishments 30The latest on faculty scholarship and achievements.

38Student activities, accomplishments and profiles.

42Alumni/Alumnae news, events and profiles.

Announcing the Challenge Fund 44The law school establishes a Challenge Fund that will match, dollar for dollar, all new and increased gifts to the Law School Fund.

Commencement

# www.law.uga.edu

s

Bensouda

The law school is an important partner to the university’s mission. It helps to train some of the state’s future leaders. Its scholarship helps advance the university’s research goals and, at times, can build bridges with other units on campus.

In your communications thus far, you have emphasized the school’s need to provide first-

rate legal training and produce world-class scholarship in service to both our state and nation. Can you elaborate on this statement? These are some of the pillars that make our law school special. First-rate legal training comes in forms such as the law school’s clinics and its nationally renowned advocacy programs. World-class scholarship comes from our professors whose work helps inform decisions by judges

and policymakers. And service is a quality built into many of our students when they are here and manifested when they go on to serve as judges, lawmakers, civil servants or in other public service capacities.

Peter B. “Bo” Rutledge. As is

customary, whenever there is a new leader

of the law school, the editor of the Advocate

will sit down with the dean to provide readers

some insight as to where he or she plans to

direct the school, the challenges he or she will

face and the opportunities that lie ahead.

Bo Rutledge

4 Advocate 2015

biggest challenge facing law

overcome this challenge?

To be a good return on investment for students. Recall that students applying to law school already have had an undergraduate experience. So, by applying, they are committing themselves to additional years of schooling and a profession. Law schools constantly need to be sure that they are providing programs designed to help students achieve their professional goals.

education today?

It is a community where professors get to know their studentsand many alumni and alumnae feel a close connection to theplace even after they graduate.

There are always surprises. What’s been most heartening has been to see the sense of loyalty among the law school’s alumni and alumnae base.

Trying to get to know everyone. Even coming from within the school, you quickly realize the vast number of alums, colleagues, students and university officials who are bound to the school in some way. There are only so many hours in the day so you just try your best to build bridges with them to help take the institution forward.

Collaborative. I try to meet with the various units within the school to formulate goals and to discuss how to realize them. We have a tremendous team here, and they are an important part of the process of developing those goals.

a stressful day?

Spending time with my family – whether reading with them, playing board games or a quick pick-up sport in the backyard.

Helping students realize their professional dreams.

lawyer, how and why did you decide to pursue the study of law?

I vacillated between being a lawyer (especially after reading To Kill a Mockingbird) and a professor (near the end of my years in college). Eventually, I learned there was a vocation out there that allowed me to combine both passions.

Treat everyone with respect.

what ways?

My wife – she is the best teacher I know and a pillar in our relationship.

Use your resources. Approach your professional training proactively. Some of you may have a plan upon entering law school – invest your time in pursuit of that plan. Others may not. I was that way. In that case, be sure to seek out advice and guidance from faculty, alums and others who can help you make the most of your time here.

The people are unfailingly friendly.

about you?

I was once hypnotized in front of a crowd at a state fair and made to believe I was Miss Piggy from “The Muppets.”

If you could travel back in time and give the younger you one piece of advice, what would it be?

Never pass up an opportunity to learn.

co-teaching a class on the federal common law

with Thomas in the fall of 2014 was one of his most

memorable experiences thus far at UGA. “The level

of intellectual exchange and commitment of our

students was simply extraordinary,” he said.

5Advocate 2015www.law.uga.edu

PUBLICATIONS

Author of Arbitration and the Constitution and co-author of International Civil Litigation in United States Courts, and author of more than 10 book chapters and more than 25 articles in a diverse array of journals such as The University of Chicago Law Review, the Vanderbilt Law Review and the Journal of International Arbitration.

AREAS OF EXPERTISE

Rutledge advises parties on matters of international dispute resolution, and he has served

Rutledge to brief and argue the case of Irizarry v. United States as amicus curiae in defense of the judgment below. Additionally, he regularly files briefs and advises lawyers in matters

COURSES TAUGHT AT GEORGIA LAW

AWARDS/HONORS

EDUCATION

B.A. magna cum laude

Order of the Coif and executive editor of The University of Chicago Law Review

FAMILY

HOMETOWN

PROFESSIONAL EXPERIENCE

Dean

Associate Dean for Faculty Development

2011–2012

2010–2011 Fulbright Visiting Professor (at the University of

Catholic University of America

Associate

1999–2001

–1999

Rutledge Highlights

Rutledge led a class outdoors on

Herty Field during the fall of 2011.

At the 1L Weekend Reception held in February,

Rutledge listened intently to an attendee.

www.law.uga.edu6 Advocate 2015

By Diane Marie Amann, the associate

dean for international programs

and strategic initiatives and the

the International Criminal Court

prosecutor on children in and

is written in her personal capacity.

et the child be excused by his age, the woman by her sex,’ says Seneca in the treatise in which he vents his anger upon anger.” So wrote

Hugo Grotius in his 1625 masterwork titled The Law of War and Peace. With that quotation, Grotius traced to the writings of an ancient Roman philosopher the injunction against harming women and children in time of war.

Grotius’ reiteration of Seneca’s words tacitly admitted that as late as 1625, armies still were violating the injunction. Sadly, the same is true 390 years later. Today, neither women nor children are excused from wartime assaults, violence and upheaval.

In Syria alone, four years of conflict have left well over 220,000 persons dead, and many more in dire need. Women and children are included in those statistics; indeed, of the 12.5 million Syrians now requiring humanitarian assistance, 5.6 million are children.

Conflicts elsewhere generate similarly grim numbers.

“‘L

The Post-Postcolonial Woman or Child

Author’s Note: This essay is based on the text of the talk I gave as the Distinguished Discussant for the 16th Annual Grotius Lecture delivered on April 9, 2014, in Washington, D.C., at the joint meeting of the American Society of International Law and the International Law Association. Delivering the principal lecture was Radhika Coomaraswamy, then a Global Professor of Law at the New York University School of Law and formerly the special representative of the U.N. secretary-general on children & armed conflict and the U.N. special rapporteur on violence against women. Her lecture and my response are reprinted in volume 30 of the American University International Law Review (2015), pp. 1–52, and also will appear in a forthcoming volume of ASIL Proceedings.


Legal discussions of such crises frequently turn on the discourse of human rights, according to which every person enjoys upon birth certain fundamental rights, and the violation of those rights demands a remedy. The discourse is deservedly a cornerstone of post-World War II legal thinking.

But the current human rights regime incurs criticism, as Radhika Coomaraswamy pointed out in the talk that gave rise to this essay. I will examine some reasons for that criticism with the aim of imagining a possible future – that of the post-postcolonial child.

Coomaraswamy, a Sri Lankan lawyer who has served as a U.N. under-secretary-general, referred in particular to certain postcolonial scholars from the global south. These scholars, she said, “reject the human rights framework as part of the ‘liberal’ ‘imperialist’ project especially when it comes to cultural practices,” and they further “reject the dominance of the European Enlightenment and the sacredness of the power of reason.”

My own response to such rejections might raise hackles among some of those scholars, for it begins with this claim: We are all postcolonials now.

By way of example, both of my own countries of citizenship are postcolonial states.

One is Ireland. This is the eighth decade since the adoption of the Irish Constitution, a postcolonial charter from which India later borrowed. Yet as demonstrated by the first-ever visit to England by an Irish President – in 2014 – remnants of eight centuries of colonization still litter both islands.

My other country is, of course, the United States. Here, the structure of government rests upon the postcolonial intuitions of the men who wrote its Constitution. Having won a revolution, these framers professed to borrow the best and to reject the worst from their colonial past. The choices they made two hundred years ago – admirable choices like the checking of power and shameful ones like slavery – influence U.S. policy to this day.

To this day, moreover, Americans see themselves as having repulsed foreign tyranny and invented a superior form of sovereignty. The American identity thus remains postcolonial – also, perhaps, preimperial. This self-perception contributes to seemingly contradictory impulses that have coexisted for much of American history; to be specific, the U.S. affinity for intervention overseas and the U.S. aversion to scrutiny from abroad.

Such interrelations of subjugation and independence, of isolation and cooperation, of the internal and the international, pervade our world. Relationships of this sort may be found to some degree in and among all member states of the United Nations. They pertain as well to nonmember entities, such as Taiwan, Kosovo and Palestine.

It is in our efforts to restitch the remnants of colonization – and maybe, in places like Crimea, to confront a new colonial patchwork – that we, the members of the global community, are revealed as postcolonials.

This is especially the case with regard to international law. International law is said to have forefathers: a few Spanish priests and the luminary quoted at the outset of this essay, Grotius. The periods of colonization in which these men lived shaped their writings; in turn, their writings shaped, even justified, the colonial project.

Grotius was, among many other things, a lawyer for the Dutch East India Company. His position in the colonial era is evident in his espousal of jus praedae, the law of prize. It also

surfaces in his acceptance of slavery as a fact of the law of nations – albeit a fact “contrary to nature,” a practice that better nations would do well to avoid.

Our own international legal system operates in reaction to that colonial era. In the last half-century the norm of sovereign equality empowered new states as they emerged out of eroded empires. This dispersion of authority is apparent in one member-one vote bodies

like the U.N. General Assembly. Yet significant power still resides exclusively in certain states;

most notably, the U.N. Security Council’s five permanent members. Each of those so-called P-5 members has, at various times, shown an imperialist streak. Vestiges of colonialism remain hallmarks of our postcolonial epoch.

We are thus in need of post-postcolonialism. To paraphrase Can the Subaltern Speak?, an oft-quoted 1988 writing by Columbia Literature Professor Gayatri Spivak: Not only must the subaltern be permitted to speak, but when she does, others must listen, must admit her as an equal to their ongoing conversation, and must, eventually, adjust their behavior to accommodate her place in their world.

Tulane Law Professor Adeno Addis aptly has labeled this process “dialogic pluralism.”1

Legal discussions ... frequently turn on the discourse of human rights ...

1 Adeno Addis, Individualism, Communitarianism, and the Rights of Ethnic Minorities, 67 Notre Dame L. Rev. 615 (1992).


2 Mireille Delmas-Marty, Global Law: A Triple Challenge (Naomi Norberg trans. 2003).

3 Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012); Fionnuala Ní Aoláin, Situating Women in Counterterrorism Discourses: Undulating Masculinities and Luminal Femininities, 93 B.U. L. Rev. 1085 (2013); Dianne Otto, Power and Danger: Feminist Engagement with International Law through the UN Security Council, Australian Feminist L.J. 97 (2010).

Efforts toward this end may be found in the 1989 Convention on the Rights of the Child and the 1979 Convention on the Elimination of All Forms of Discrimination against Women. Each of these treaties enjoys wide membership among the countries of the world (the United States, however, belongs to neither). Each includes provisions aimed at increasing participation by, and breaking down stereotypes about, women or children.

Nevertheless, the influence even of adult women remains circumscribed. As theorists like Collège de France Professor Mireille Delmas-Marty have stressed, moreover, the process of pluralistic dialogue must alter the structures of social and economic inequality within which the seeds of armed violence germinate.2

What did Grotius, our putative forefather of international law, have to say about women and children? His historical account afforded little relief for either. “[I]ncluded in the law of war,” he stated, was a “right to inflict injury” that extended to “the slaughter even of infants and of women ... with impunity.”

Yet his very mention of women and children hinted at a preferred rule, one that he soon made explicit. “Children should always be spared,” Grotius wrote, and so too most women. Among his most plaintive examples in support of this injunction is this quotation of another ancient Roman, Lucan: “‘For what crime could little ones have deserved death?’”

Grotius typically portrayed women, no less than children, as “innocents” who should be exempted from the ravages of war. Notably, he included within this exemption a ban on sexual assault. Grotius acknowledged that “many” writers had maintained “that the raping of women in time of war is permissible.” He disagreed:

A better conclusion has been reached by others, who have taken into consideration not only the injury but the unrestrained lust of the act; also, the fact that such acts do not contribute to safety

or to punishment, and should consequently not go unpunished in war any more than in peace.

That conclusion was “the law not of all nations, but of the better ones,” Grotius wrote. He then insisted that among “Christians” this view “shall be enforced, not only as a part of military discipline, but also as a part of the law of nations; that is, whoever forcibly violates chastity, even in war, should everywhere be subject to punishment.”

The quoted passages depict women and children as bystanders, beings not fully conscious of the world around them – not actors, but rather objects, in the tableau of the battlefield. They are to be protected, rescued even, in service of the actors’ notions of honor. A social scientist would say they have no agency. They are, first and last, victims.

The depiction rings familiar almost four centuries later. Law professors like Mark Drumbl of Washington and Lee University, Fionnuala Ní Aoláin of the universities of Minnesota and of Ulster, and Dianne Otto of the University of Melbourne are just a few of the many scholars demonstrating that the discourse of victimhood continues both to motivate and to justify global action on behalf of persons perceived as victims.3

Here too, then, remnants of a colonialist power dynamic persist in what is supposed to be a postcolonial era.

What is to be done? Makers of post-postcolonial international law should aspire to deploy the tools of motivation and action in a way that avoids reviving outdated notions of societal honor, and instead honors the actual humans who endure violence amid war.

“Menwomenandchildren” is not a single word; discrete attention must be paid to the many different hues of human experience. Victimization may be an aspect of that experience, but it is not the only one.

Consider this sentence from the story of someone who survived World War II: “Children, even relatively young children, learn to be cunning or street-smart when

“Menwomenandchildren” is not a single word; discrete attention must be paid to the many different hues of human experience. Victimization may be an aspect of that experience, but it is not the only one.


circumstances demand, and they are fast learners when they have to be in order to live another day.” The author of this passage, occurring in a 2009 book titled A Lucky Child: A Memoir of Surviving Auschwitz as a Young Boy, is George Washington University Law Professor Thomas Buergenthal, whose career has included service as a judge on the International Court of Justice.

Another backward glance reveals glimpses of Buergenthal’s insight in Grotius’ time, and not only because Grotius himself began the practice of law at the ripe old age of 17. Was there, in that time, any foremother of international law?

In his introduction to a 1925 reissue of Grotius’ work, an early president of the American Society of International Law, James Brown Scott, praised “that noble woman who preserved him” – that is, Grotius – “for us and for international law.” That woman was Grotius’ wife, Maria de Groot.

When Dutch authorities detained the couple as political dissidents, she and a maidservant stuffed Grotius in a trunk and smuggled him to France. There he completed The Law of War and Peace. As long ago as the 17th century, Maria and her maid flouted the stereotype of passive womanhood.

The same is surely true of two other women of that era. One is the Spanish queen who commissioned the voyage of Columbus; the other, the queen who waged war in England’s first colony and built a global navy whose power encroached upon the Grotian tenet of mare liberum, freedom of the seas. These two monarchs contributed mightily to colonialism, the practice that Grotius and the Spanish priests theorized.

If Grotius is a forefather, therefore, Isabella and Elizabeth are foremothers of international law. Perhaps it is in recognition of their ruthless reigns that Grotius stopped short of advocating a blanket exemption for women. To the contrary, he maintained that wartime violence could be wreaked against women who “have committed a crime which ought to be punished in a special manner” – women who “take the place of men.”

This and other Grotian references to punishment direct me to a final consideration, accountability.

On this, Coomaraswamy’s talk was rather more sanguine than am I. She cited with optimism developments aimed at improving

the lot of women and of children – initiatives by nation-states and by the United Nations, as well as Security Council resolutions and International Criminal Court prosecutions.

A pessimist, however, would be pained to point out that the Security Council’s Working Group on Children and Armed Conflict seldom has acted on a years-old proposal to sanction persistent perpetrators of grave violations like recruiting or using child soldiers.

And although the ICC broke ground by convicting a militia leader of those very war crimes, it also must be noted that two subsequent verdicts acquitted other leaders of similar charges, despite judges’ findings that child soldiers were everywhere during the conflict under review. What is more, not one ICC verdict yet has resulted in conviction on charges of sexual violence.

Considered in light of developments at the Security Council, legal technicalities that explain the ICC verdicts ought to be put to one side in order to examine the possibility that the international community may have entered a new era of soft (some would say no) accountability.

So where does this leave us? If not victim, who is our post-postcolonial child or woman, and how should international law both protect and empower her?

Initially, we must accept that she may not be a she. This is an insight gaining currency in the last couple years, as global actors start to address sexual violence and other wartime harms done to boys and, yes, even to adult men.

Furthermore, there is much to be gleaned from the recent scholarship of Emory Law Professor Martha Albertson Fineman.4 That scholarship posits that what warrants protection is not sex, not age, but vulnerability. It thus refocuses analysis away from a singular identity as “man” or “woman” or “child” and toward the varied ways that all persons, on account of some traits but not others, at some periods in their lives but not others, may be vulnerable.

It is to those moments of vulnerability that Fineman would direct the making and implementation of law. Her focus brings into view an image that transcends both colonial and postcolonial assumptions of societal strata and personal predilections. It thus bears promise for the envisaging of a post-postcolonial future.

Who knows? Maybe a global culture cognizant that everyone at times is weak will prove less eager to initiate armed violence, less apt to tolerate the violence done by structural inequalities and more willing to construct a just and enduring peace.

So where does this leave us? If not victim, who is our post-postcolonial child or woman, and how should international law both protect and empower her?

4 E.g., Martha Albertson Fineman, The Vulnerable Subject and the Responsive State, 60 Emory L.J. 251 (2010–2011).


POSTAL BANKINGIT’S TIME FOR

The USPS should help extend banking services to the unbanked population.

ne of the biggest problems in banking today is the large and ever-increasing population of the

unbanked – those who are not gaining the benefits of the regulated banking system and must rely on high-cost fringe lenders to do simple transactions like cash their paychecks. The Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau have listed this problem as a top agenda item.1 After decades of unsuccessful regulatory proposals, the solution may finally be at hand.

On January 27, 2014, the Office of the Inspector General of the U.S. Postal Service (USPS) released a white paper that proposed that the USPS consider offering financial services to the underbanked.2 Senator Elizabeth Warren has also publicly expressed support for the idea.3

The proposal was immediately criticized by the banking industry as “the worst idea since the Edsel.”4 The main stated concern is that the Post Office lacks the institutional capacity to provide financial services.5 But anticompetitive concerns – namely that a large, well-funded competitor will cut into banks’ business – likely play a role too, as they did in 2005 when Walmart attempted to obtain a banking charter.6

As I have written previously,7 and banking-industry concerns notwithstanding, the USPS is in a unique position to provide much-needed financial services for the large population of unbanked or underbanked Americans.8

First, the Post Office can offer credit at lower rates than fringe lenders by taking advantage of economies of scale as well as its position in the federal bureaucracy. Second, it already has branches in many low-income neighborhoods that have been long deserted by commercial banks. And third, people at every level of society, including the unbanked, have a level of familiarity and comfort with the

Post Office that they do not have with more formal banking institutions.

This essay moves one step further by demonstrating why government support and even subsidies to enable postal banking in the United States are appropriate and justifiable.

First, banking-related subsidies are grounded in historical practice, as demonstrated by government support for credit unions, savings and loans, and student loan associations. Postal banking derives from these longstanding practices, but broadens the scope to include the poor, not just the middle class.

Further, state support of banking throughout U.S. history has operated much like a social contract: the state supports the banking system in a variety of ways and, in return, banks serve as credit intermediaries, providing the populace with access to loans and financial services. Thus, subsidies for banking have been justified because they provide a benefit to all citizens.

Mainstream banks have met part of their obligation, but a large portion of the population, namely the poor, has been left out. It is time, then, for the government itself to meet the demand for credit.

O

BY ASSOCIATE

PROFESSOR

MEHRSA

BARADARAN

Editor’s Note: This piece was reprinted with permission from the Harvard Law Review Forum. The article’s citation is 127 Harv. L. Rev. F. 165 (2014). Baradaran also has a book titled How the Other Half Banks by Harvard University Press that will be published this fall.


I. How the Post Office Can Bank the Unbanked

The unbanked and underbanked population in the United States is significant, with far-reaching consequences.

Approximately 88 million people in the United States, 38% of the population, are unbanked or underbanked.9 Indeed, nearly half of U.S. adults could not access $2000 within thirty days to respond to an emergency.10

To meet their short-term credit needs, these individuals and families must rely on payday lenders, check cashers, or other fringe banking institutions. These lenders are often usurious, sometimes predatory, and almost always much worse for low-income individuals than the services offered by traditional banks to their customers.

For instance, the average annual income for an unbanked family is $25,500, and about 10% of that income, or $2412, goes to the fees and interest paid to access credit or other financial services – services that those with bank accounts often get for free.11 Cutting down these payments would help many avoid bankruptcy; those who filed for bankruptcy in 2012 were, on average, just $26 per month short of meeting their expenses.12

The Post Office can address this problem and lower these credit costs for the three reasons outlined below.

There are economic justifications for charging higher interest rates to those with lower incomes. The poor pay more for credit than the middle class because they are more likely to default and lenders must be compensated for assuming this risk. In other words, those least likely to be able to pay their debts are charged a premium for that inability.

But even assuming that the risk presented by low-income borrowers is accurately priced by fringe lenders (a proposition that the available data does not strongly support13), the Post Office can still provide these services at a lower price. In fact, the

USPS white paper claims that the Post Office could offer a $375 loan with interest and fees totaling $48, as opposed to $520 for the average payday loan for that amount.14

This discount is possible because the Post Office is able to operate with less overhead than fringe lenders and because it can benefit from economies of scale. It could reduce costs by using its existing infrastructure and clientele.

In addition, its collection costs could be lower because it may be able to enlist the help of the IRS and other federal enforcement mechanisms that can easily garnish wages or tax returns.15

It can also offer smaller individual loans that yield smaller margins by doing so at a greater volume.

B. PROXIMITYMoreover, the Post Office is uniquely

positioned to solve the problems of credit access for the poor because Post Offices remain in the low-income neighborhoods that banks abandoned.

The banking industry underwent a significant transformation during the 1970s and 1980s as mainstream commercial banks faced increased competition from other financial institutions. This market pressure on traditional banks was a result of technological advances coupled with swift deregulation.16

Forced to compete, banks shed their less-profitable products, namely small loans to lower income communities. The

poor may need banks, but the reverse is certainly not true.

Many mainstream banks hold the position that “[p]roviding financial services to the poor is fundamentally unprofitable.”17 Assuming the same risk of default, it costs a bank roughly the same amount of overhead and transactional costs to lend $1000 as it does $100,000, with the latter yielding a greater profit.

In pursuit of higher profit margins, banks closed branches in lower-income neighborhoods en masse. And once they did, the fringe lenders moved in.18 Thus, a significant barrier to banking the poor is the dearth of bank branches in low-income areas.

Chartered banks are regulated by state and federal laws and therefore have usury limits, or interest rate caps, on the loans they can offer. Fringe lenders do not. Once the regulated banks left these communities, so did reasonable interest rates.

For decades, banking regulators and advocacy groups have been trying to lure mainstream banks back to these neighborhoods through legislation and agency action, using both carrots and sticks.19 These efforts have not succeeded and have faced significant industry opposition.

Post Offices, on the other hand, have always been a part of nearly every zip code across the country. This fact, above others, makes postal banking a uniquely appealing idea.

38%million people in the United

are unbanked or underbanked.


The third major advantage of postal banking is that Post Offices provide a more welcoming atmosphere, overcoming many cultural barriers that lead the poor to avoid banks. Analyzing the demographics of the unbanked while controlling for income reveals that there are racial and cultural barriers that keep many people away from banking.

For example, more blacks and Hispanics are unbanked than whites, as are more women than men.20 Many of the unbanked report being more comfortable in fringe banking institutions than in banks.21

Payday lenders deal behind a facade of informality. They operate in cash, in the direct vicinity of their customers, and usually in their language. This business model seems to be in direct contrast to banks with their rigid hours, requirements, and procedures.

While the Post Office will not be able to overcome all of these barriers, its branches are more accessible places than commercial banks because of their presence in low-income neighborhoods and their informality. The Post Office is not an intimidating institution; the poor know its location and understand its processes.

For all the Post Office’s flaws, rich and poor across the country are familiar with its locations and often even the postal employees behind the counter.22

To be sure, there are private institutions with similar capacities, but they are not likely to provide a solution anytime soon.

Walmart, for example, recently started offering simple financial services, such as check cashing and prepaid cards, at a discount to its customers.23 However, the retail giant, having been definitively denied a banking charter, cannot offer credit – the most-needed financial product.

The postal system, in contrast, is well positioned to overcome most of the hurdles to banking the poor due to its ability to take advantage of economies of scale, its presence in poorer neighborhoods, and its long-standing relationship of trust with all of America’s communities.

II. Why the U.S. Government Should Support Postal Banking

The opposition to postal banking is likely to center on the idea that this service functions as an inappropriate federal subsidy to the poor. But any direct or indirect subsidy of banking access for the poor is supported both historically and theoretically.

Postal banking is not unprecedented in the United States. In 1873, President Grant’s Postmaster General proposed a government-sponsored savings program, modeled after one started in Britain.24

In 1910, President Taft responded to growing populist proposals to establish a government-backed savings system for recent immigrants and the poor.25 The Postal Savings System was created to enable the poor to save money with the assurance of a government guarantee that their deposits were protected.26

This program was created and geared to recent immigrants and the unbanked poor, and was wildly successful: at the end of the first year, there was a total of $20 million in deposits, “most of which had been coaxed out of hiding.”27

The director of postal savings, Carter Keene, declared in 1913 that the postal savings system was not meant to yield a profit: “Its aim is infinitely higher and more important. Its mission is to encourage thrift and economy among all classes of citizens. It stands for good citizenship and tends to diminish crime. It places savings facilities at the very doors of those living in remote sections, and it also affords opportunity for safeguarding the savings of thousands who have absolute confidence in the Government and will trust no other institution.”28

Throughout American history, there have been various state-supported attempts to meet the banking needs of the poor – both for depositary services and credit. Policymakers have largely recognized that access to financial services and credit

is a significant step toward individual economic advancement.29

Credit gives the poor the ability to absorb financial reversals, the means to start or expand a small business, and the capacity to build a financial cushion to withstand individual economic shocks.30

Several studies have demonstrated that when poor communities are provided access to credit and other banking services, they thrive economically.31 Studies also

show that small-scale credit leads to increased income and savings

among borrowers.32 The converse is also true: barriers to credit significantly hamper the economic development of poor communities and individuals.33

For most of this country’s history, the credit needs of the poor and middle class were met by banking institutions specifically created and designed to appeal to them, such as credit unions, savings and loan associations, and the smaller Morris Banks.34

Credit unions were a populist innovation designed as cooperatives not only to provide access to credit, but also to provide federal insurance to protect investments.35

Savings and loan associations (S&Ls) were formally created in the 1930s to offer affordable mortgage loans to lower- and middle-class people.36 These institutions began as cooperatives with shared ownership, a structure that led to the forbearance of profit.37

In contrast, the little-known Morris Bank was a for-profit banking venture aimed at the “democratization of credit,” created to give the poor increased access to credit.38

WITHIN 30 DAYSin order to respond to an emergency.

$2,000


Income disparity is greater in the

Credit unions, S&Ls, and Morris Banks were alternatives to mainstream banks, but they were all supported and subsidized by the federal government through targeted regulation and deposit insurance protection.39

As described above, banking forms homogenized in the 1970s and 1980s, leaving little room for variation in institutional or regulatory design.40 Eventually, each of these institutions drifted from their initial mission of serving the poor and began to look more like commercial banks, even competing with them for ever-shrinking profit margins.

The result now is essentially two forms of banks: regulated mainstream banks that seek maximum profit for their shareholders by serving the needs of the wealthy and middle class, and unregulated fringe banks that seek maximum profits for their shareholders by serving the banking and credit needs of the poor.

What is missing from the American banking landscape for the first time in almost a century is a government-sponsored bank whose main purpose is to meet the needs of the poor. Rather than relegating the poor to fringe banks, policymakers should carve out a place for banks that serve the poor and enable them to survive and thrive. This charge has deep historic roots in U.S. banking.

As I have written elsewhere, the state has always had a social contract with its banks, which at times has been explicit and at times implicit, but always with the same understanding: the state provides banks with public trust (through insurance and implicit bailouts) – trust that is necessary for their survival; in return, banks provide much-needed credit, savings, and financial intermediation services for individuals and institutions.41

Currently, a few large and powerful banks, who continue to benefit from trillions of dollars of federal government subsidies, control the majority of assets in the banking sector and also the majority of credit.42 And this credit is

not reaching the poor.43 If the banking system is to be

supported by the government, the entire citizenry should be able to access its services.

Insofar as a heavily subsidized banking sector is the status quo and that sector does not benefit the entire population, a government subsidy to lend to the poor simply provides another mechanism for reaching the same policy goals. And if the banks benefiting from subsidies are no longer taking up the task, the government should do so directly.

The federal government subsidizes other credit products to achieve important policy goals but, thus far, these programs have been primarily designed for the middle class.

The government sponsors and underwrites private student loans. A student borrower who qualifies for such a loan receives credit at a below-market interest rate and remains indebted to the government until the loan is paid off. The government supports such loans because they facilitate an important public objective – educating the population.

The government also creates and supports a secondary mortgage market to promote the policy goal of increased home ownership.44

Enabling the poor to escape poverty is no less important a public concern. Offering good credit to the poor would enable economic mobility, which has lagged significantly in the United States in recent years, and solve a variety of other public problems linked to entrenched poverty.

Given the recent debacles of federally funded institutions such as Fannie Mae and Freddie Mac,45 the federal government would have to be cautious in taking on risks associated with lending to the poor. However, these services do not entail the scope of risks

associated with home mortgages. Cashing a check for a small fee or offering a payday loan often involve much less risk.

After the recent global financial crisis, any call for easing credit of any kind is suspect because of the widespread, yet inaccurate, belief that the financial crisis was precipitated by an overabundance of consumer access to mortgage credit.46 Therefore, the case for increasing consumer access to credit is a politically difficult one to make.

However, the status quo is not sustainable as onerous interest rates make it much more difficult for individuals to escape poverty and growing income disparity has various negative economic effects.47

Bank credit not only allows the economy to grow wealth, but also allows individual families to do so. Any difference in credit access undermines the justifications for state support of banks.

Insofar as economic mobility is a social good, and credit is a necessary tool for economic advancement, government policies should be aimed at enhancing access for all individuals and communities. Access to safe credit is crucial in allowing the poor to escape poverty.

One thing that could undermine postal banking would be inappropriate profit-seeking. Attempts to regulate the private market have demonstrated that

institutions with an eye toward profit maximization have been unable or unwilling to meet the credit needs of the poor.48

In February 2008, the FDIC began the “Small-Dollar Loan

Pilot Program,” a two-year campaign to enlist mainstream banks to lend to the poor.49 The project was described as “a case study designed to illustrate how banks can profitably offer affordable small-dollar loans as an alternative to high-cost credit products, such as payday loans and fee-based overdraft protection.”50

The program, which enlisted twenty-eight volunteer banks, was a failure. A congressional review committee noted that banks were charging the maximum rates


allowed in the program – 36% APR and 20% charges on cashed checks, which were not much better than payday loans.51

The main reason this program failed is that mainstream banks do not have the incentive to sacrifice profits to meet the needs of the poor. They must survive and stay profitable in a competitive banking market, and when they offer low-cost loans to the poor, they lose their competitive position and hurt their bottom line.

Policymakers misunderstand the nature of mainstream banks if they are relying on them to adequately meet the needs of the poor.

At best, banks can be incentivized to meet the poor’s banking needs merely to appease regulators. The products the banks offer are not innovative fruits of market research about what the poor really need – the banks offer the bare minimum so that they can maintain profitability while fulfilling a regulatory mandate.52 Forcing banks, whose purpose is to maximize profits, to make loans to the poor will inevitably lead to inadequate loans and disgruntled bankers.

Credit unions, S&Ls, and Morris Banks, in contrast, were able to successfully reach the poor because doing so was their primary goal. And so it must be with the Post Office.

There is a troubling statement in the USPS white paper on this front. The paper states that providing these services “could result in major new revenue for the Postal Service.”53 This motive cannot be the driving force behind this endeavor or else, as the pilot program example proved, it is unlikely to reach the goal of offering the poor the credit that they need.

This is not to say that the venture will not be a major new revenue source for the USPS. And the competition provided by the government entering this sector could possibly drive prices down in the private fringe banking sector to more accurately reflect the risks of lending to the poor.

III. ConclusionIncome disparity is greater in

the United States than ever before, and the banking industry is more heavily subsidized than at any point in U.S. history. The result should be an increase in credit to those who most need it.

Unfortunately, the reverse is happening – the poor have been excluded from the credit flowing from the subsidized banking sector. Any efforts at forcing that sector to provide credit to the poor have failed because they are institutionally designed to maximize profits and lending to the poor is not conducive to profit maximization.

It is time for the government to step in and solve this market mismatch. The USPS is far from the most efficient or successful government agency, but it may just be the perfect institution to accomplish the monumental undertaking of providing the credit the poor need to escape poverty.

1 See Advisory Committee on Economic Inclusion, Fed. Deposit Ins. Corp., www.fdic.gov/about/comein (last updated Feb. 14, 2014) (outlining the Committee’s ongoing initiatives to expand access to underserved populations); Kelly Thompson Cochran, Fall 2013 Rulemaking Agenda, Consumer Fin. Protection Bureau (Dec. 3, 2013), www.consumerfinance.gov/blog/category/rulemaking/.

2 U.S. Postal Service, Providing Non-Bank Financial Services for the Underserved (2014), available at www.uspsoig.gov/sites/default/files/document-library-files/2014/rarc-wp-14-007.pdf.

3 Sen. Elizabeth Warren, Coming to a Post Office Near You: Loans You Can Trust, Huffington Post (Feb. 1, 2014), www.huffingtonpost.com/elizabeth-warren/coming-to-a-post-office-n_b_4709485.html.

4 Rachel Witkowski & Kevin Wack, Post Office Offering Loans Is ‘Worst Idea Since the Edsel’: Banks, Am. Banker (Jan. 27, 2014, 4:57 PM), www.americanbanker.com/issues/179_18/post-office-offering-loans-is-worst-idea-since-the-edsel-banks-1065231-1.html. The Edsel was a famous Ford marketing disaster.

5 Id.

6 Michael Barbaro, Bankers Oppose Wal-Mart as Rival, N.Y. Times (Oct. 15, 2005), www.nytimes.com/2005/10/15/business/15walmart.html.

7 Mehrsa Baradaran, How the Poor Got Cut Out of Banking, 62 Emory L.J. 483 (2013).

8 The term “unbanked” refers to individuals who have no formal relationship with a bank; the “underbanked” are individuals who may have a formal relationship with a mainstream bank, but primarily rely on fringe banking institutions for their banking or credit needs. See KPMG, Serving the Underserved Market 2–3 (2011), available at www.kpmg.com/US/en/IssuesAndInsights/ArticlesPublications/Documents/serving-underserved-market.pdf.

9 See id. at 1.

10 See An Examination of the Availability of Credit for Consumers: Hearing Before the Subcomm. on Fin. Insts. & Consumer Credit of the H. Comm. on Fin. Servs., 112th Cong. 141 n.1 (2011) (prepared statement of Robert W. Mooney, Deputy Director, Consumer Protection and Consumer Affairs), available at www.gpo.gov/fdsys/pkg/CHRG-112hhrg72606/pdf/CHRG-112hhrg72606.pdf; see also Annamaria Lusardi et al., The Brookings Institution, Financially Fragile

END NOTES


Households: Evidence and Implications 1 (2011), available at www.brookings.edu/~/media/Projects/BPEA/Spring%202011/2011a_bpea_lusardi.pdf.

11 U.S. Postal Service, supra note 2, at 2.

12 Id. at ii, 14.

13 Mark Flannery & Katherine Samolyk, Payday Lending: Do the Costs Justify the Price? 18 (FDIC Ctr. for Fin. Research, Working Paper No. 2005-09, 2005).

14 See U.S. Postal Service, supra note 2, at 13.

15 See id. at 14.

16 See Arthur E. Wilmarth, Jr., The Transformation of the U.S. Financial Services Industry, 1975–2000: Competition, Consolidation, and Increased Risks, 2002 U. Ill. L. Rev. 215 (explaining the shifts in banking during this time).

17 Sow Hup Chan, An Exploratory Study of Using Micro-Credit to Encourage the Setting Up of Small Businesses in the Rural Sector of Malaysia, 4 Asian Bus. & Mgmt. 455, 456 (2005). But see David Malmquist et al., The Economics of Low-Income Mortgage Lending, 11 J. Fin. Servs. Res. 169, 182 (1997) (“[L]ow-income lending is no more and no less profitable than non-low-income lending . . . .”).

18 John Caskey, Fringe Banking: Check-Cashing Outlets, Pawnshops, and the Poor 7 (1994).

19 See, e.g., Jonathan R. Macey & Geoffrey P. Miller, Banking Law and Regulation 328 (2d ed. 1997).

20 Fed. Deposit Ins. Corp., 2011 FDIC National Survey of Unbanked and Underbanked Households 17–18 (2012), available at www.fdic.gov/householdsurvey/2012_unbankedreport.pdf.

21 Why the Working Poor and Banks Are a Bad Match, Am. Banker (Jan. 13, 2014), www.americanbanker.com/video/why-the-working-poor-and-banks-are-a-bad-match1064854-1.html (Heather Landy, Editor in Chief, American Banker Magazine, interviewing Lisa Servon, Professor of Management and Urban Policy, The New School).

22 U.S. Postal Service, supra note 2, at 6.

23 Maria Aspan, For Wal-Mart, No Bank Charter Is No Problem, Am. Banker (Nov. 11, 2009), www.americanbanker.com/issues/174_218/for-wal-mart-no-bank-charter-is-no-problem-1003891-1.html.

24 James Grant, Money of the Mind 87–91 (1992).

25 Id. at 88.

26 Id. at 90; Postal Savings System, USPS (July 2008), http://about.usps.com/who-we-are/postal-history/postal-savings-system.pdf.

27 Grant, supra note 25, at 90.

28 Id.

29 See Michael S. Barr, Banking the Poor, 21 Yale J. on Reg. 121, 134–41 (2004); see also Stacie Carney & William G. Gale, Asset Accumulation Among Low-Income Households 22 (2000), available at www.brookings.edu/views/papers/gale/19991130.pdf

(finding households without bank accounts forty-three percent less likely to have positive holdings of net financial assets); Lawrence H. Summers, Sec’y of the Treasury, Remarks at the U.S. Conference of Mayors (Jan. 28, 2000) (describing individual access to financial services, specifically bank accounts, as the “basic passport to the broader economy”), available at www.treasury.gov/press-center/press-releases/Pages/ls356.aspx.

30 See Regina Austin, Of Predatory Lending and the Democratization of Credit: Preserving the Social Safety Net of Informality in Small-Loan Transactions, 53 Am. U. L. Rev. 1217, 1227 (2004) (“Access to credit assures access to basic necessities for debtors who, because of un- or under-employment, lack an adequate income to pay for essentials like food, shelter, and medicine.”).

31 See The World Bank, Finance For All?: Policies and Pitfalls in Expanding Access 99–139 (2008) (concluding that “the bulk of the evidence suggests financial development and improved access to finance is likely not only to accelerate economic growth but also to reduce income inequality and poverty,” id. at 138); J. Wyatt Kendall, Note, Microfinance in Rural China: Government Initiatives to Encourage Participation by Foreign and Domestic Financial Institutions, 12 N.C. Banking Inst. 375, 377 (2008) (“Researchers have demonstrated that there is a strong, positive correlation between an individual’s access to traditional banking services and an individual’s well-being.”).

32 See The World Bank, supra note 32, at 99–139; Lewis D. Solomon, Microenterprise: Human Reconstruction in America’s Inner Cities, 15 Harv. J.L. & Pub. Pol’y 191, 199 (1992).

33 See Kendall, supra note 32, at 375 (“[P]eople with access to banking services live above the poverty line, whereas those without access to banking services live below the poverty line.”).

34 Baradaran, supra note 7, at 486.

35 Id.

36 Id.

37 Id.

38 Grant, supra note 25, at 77, 85.

39 Baradaran, supra note 7, at 487.

40 Fred E. Case, Deregulation: Invitation to Disaster in the S&L Industry, 59 Fordham L. Rev. S93, S94 (1991).

41 Mehrsa Baradaran, Banking and the Social Contract, 89 Notre Dame L. Rev. 1283 (2014).

42 There are twelve “mega banks” after the financial crisis with assets between $250 billion and $2.3 trillion; they represent only 0.2% of all banks, but together they hold almost 70% of the country’s banking assets. Richard Fisher,

President, Fed. Res. Bank of Dall., Ending ‘Too Big to Fail’: A Proposal for Reform Before It’s Too Late (With Reference to Patrick Henry, Complexity and Reality), Remarks Before the Committee of the Republic (Jan. 16, 2013), available at www.dallasfed.org/news/speeches/fisher/2013/fs130116.cfm.

43 Kirk Shinkle, America’s Credit Catastrophe, U.S. News (Oct. 3, 2008), http://money.usnews.com/money/business-economy/articles/2008/10/03/americas-credit-catastrophe.

44 Cong. Budget Office, Fannie Mae, Freddie Mac, and the Federal Role in the Secondary Mortgage Market 15–19 (Dec. 2010), available at www.cbo.gov/sites/default/files/cbofiles/ftpdocs/120xx/doc12032/12-23-fanniefreddie.pdf.

45 See generally Viral Acharya et al., Guaranteed to Fail: Fannie Mae, Freddie Mac and the Debacle of Mortgage Finance (2011), available at www.research.stlouisfed.org/conferences/gse/White.pdf.

46 Most experts claim that although lower underwriting standards were a factor in the financial crisis, the causes of the crisis were much more global and complex. The Turner Review, the most comprehensive economic analysis of the financial crisis, cited macro imbalances of funds (that is, over-savings by the Chinese and oil-producing nations) mixed with financial innovation and complexity in the U.S. and U.K. derivatives markets. Fin. Servs. Auth., The Turner Review (2009), available at www.fsa.gov.uk/pubs/other/turner_review.pdf.

47 Robert C. Hockett & Daniel Dillon, Income Inequality and Market Fragility: Some Empirics in the Political Economy of Finance, 18 N.C. Banking L.J. (forthcoming 2014), available at papers.ssrn.com/sol3/papers.cfm?abstract_id=2204710.

48 Solomon, supra note 33, at 206 (discussing the struggles of the microcredit movement in the United States).

49 Small-Dollar Loan Pilot Program, Fed. Deposit Ins. Corp., www.fdic.gov/smalldollarloans (last updated June 23, 2010).

50 Id.

51 Press Release, Fin. Serv. Ctrs. of Am., FiSCA Issues Critique of FDIC Small Dollar Loan Program: Shortcomings Cited in the Report Underscore Challenges Banks Face in Serving Consumers Needing Small Dollar, Short-Term Loans (Oct. 20, 2009), available at www.fisca.org/Content/NavigationMenu/NewsViews/PressReleases/2009PressReleases/FDIC-PressRelease.pdf.

52 Many of the banks volunteered for the program because they were told that they would be fulfilling their Community Reinvestment Act requirements.

53 U.S. Postal Service, supra note 2, at ii.


Tech Auditin your future?

is a

s a lawyer, there are a variety of skills you need to develop and hone. Many of these skills are taught in law school, and many more are learned on the job: analyzing an issue from different

perspectives, interpreting statutes or decisions in the context of your client’s situation, negotiating with opposing counsel, advocating your case before a judge and jury, etc.

But what about your skill with a word processor? Or maybe your ability to create a spreadsheet? What is more important for evaluating the aptitude of attorneys: their ability to pore over the details of a case or their proficiency in typing up a memo about what they have concluded?

Obviously there is a qualitative difference in the work being done in the aforementioned example. But more often than not, there is no quantitative difference in the time taken for the two types of tasks: substantive legal works can take just as long as clerical processes. And yet, many firms will bill at the same hourly rate, regardless of the type of work being done.

There are few shortcuts you can take in the legal process, but there are numerous functions built into the software we use on a regular basis that could greatly reduce the time spent writing documents, sending emails

or manipulating spreadsheets. While many clients are more than willing to pay regardless of the type of work being done, some have begun to

wonder if their bills are being inflated due to their attorney’s inability to use those timesaving features.

Enter the Legal Tech Audit.

What is the Audit?The Legal Tech Audit began as a notion by D. Casey Flaherty,

corporate counsel at Kia Motors America. The idea was that it would be a way to evaluate outside counsel’s effective use of certain pieces of software like Microsoft Word, Microsoft Excel and Adobe Acrobat.

Compared to other topics of “legal technology,” like eDiscovery, using social media and firm management software, and so on, familiarity with using basic office productivity software seems comparatively benign. However, time spent using this kind of software routinely can end up being a not-insignificant part of the bills being sent to companies like Kia and Flaherty.

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Why Does the Audit Exist?

The audit was designed in such a way that it would test for familiarity with software features in the context of typical tasks, like automatically applying Bates numbering to a collection of PDFs, inserting cross-references to different sections in a contract in Word or calculating billable hours in Excel.

Accomplishing all the tasks in Flaherty’s list took him 30 minutes, so he set a satisfactory completion time at one hour. If the attorneys at the firms working on his business could not meet his expectations, he reduced their negotiated rates by 5 percent until they could.

Of the nine firms that took the audit, the best time posted was two-and-one-half hours. Attorneys at one firm took eight hours, and another firm had to do the audit twice before their lawyers got it right.

Clearly there was a gap in what Flaherty believed was an acceptable level of competence and the reality of the situation.

But looking at the actual tasks demanded by the Legal Tech Audit, it is not surprising the firms struggled. Some of them are perfectly benign (e.g., using find and replace in Word), but many are downright arcane: applying complex formulas and formatting in Excel, removing metadata and embedded scripts from PDFs, using Word styles to apply automatic numbering to headings, etc.

While these technological tools can be complex and unintuitive to use, their practical applicability cannot be understated. For example, using the styles built into Word can shave minutes off tasks that you will routinely perform while writing a document. Multiply that across all of the other tools evaluated by the Legal Tech Audit, and the time savings become significant: if you can shave a minute off the assorted tasks that you do about 50 times per day, you will save eight weeks of time over five years.

While those benefits are not insignificant, getting to that point is not without its own costs. There is a lot of finding, learning, practicing and working involved in getting to a point where these timesaving tools can be used efficiently. Plus, not all of this time is billable.

In fact, even if you do attain the level of efficiency demanded by the audit, you will ultimately end up billing for less time. In this respect, there is a distinct disincentive for attorneys to improve their technological skills.

There is nothing inherently wrong with letting lawyers prioritize how their time is spent. Indeed, many clients will only be interested in a lawyer’s knowledge, experience, communication skills, etc., so having attorneys focus their time and efforts on substantive legal work rather than training is not bad per se.

But some clients could put more emphasis on their attorney’s ability to use the technology that is readily available more effectively. The Legal Tech Audit allows clients to request their attorneys to take the audit and view their performance. This tool enables clients to see if their lawyer’s priorities and technological competency align with their expectations.

Why the Audit is ImportantThe Legal Tech Audit is currently available at

www.legaltechaudit.com. It is marketed as a way for firms to evaluate their employees, for clients to test the proficiency of attorneys they might retain and for students to hone their skills.

Currently there is no information on how widely adopted the audit has been since its launch, but this author has worked through the version available for students.

While the functionality is a little limited (requiring concurrent use of a current version of Microsoft Word and Internet Explorer on a Windows computer), it is a well put together product that teaches and assesses in a clear and understandable manner. It would not be a surprise to see wider adoption as it is developed further.

If it does not gain traction with clients as a way to exert influence on lawyers to improve their technological skills, being able to boast about legal tech prowess (and the savings that are passed to clients due to improved

efficiency) is a decided marketing advantage for law firms.

Even absent the firm promotional opportunity, boosting your own familiarity with the advanced features of the software you use on a regular basis will make your life simpler.

Finally, and this is just this author’s speculation, there appears to be a not-insignificant portion of the Silicon Valley crowd actively eying inefficiencies (both real and perceived) in established fields. They see these shortcomings as an area where they can disrupt a profession and claim some business for themselves.

There is a growing number of careers that are within the legal supply chain, but they are not part of a law firm. These include careers like legal process analysts, online dispute resolution (ODR) practitioners and legal management consultants.

Rather than staying static and letting the profession be taken apart by opportunistic start-ups (taxis and Uber, anyone?), lawyers should consider the situation presented by the Legal Tech Audit as an occasion to evaluate and evolve.

Lawyers are known for their ability to navigate the complex maze of the legal system, but they are not necessarily considered the most competent users of technology. This could be an opportunity to start shifting perceptions, improving the overall work done and staking a claim in the future for the profession.

… if you can shave a

tasks that you do about

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will save eight weeks of

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Shighest teaching honor

he has been called “truly outstanding” by her students, “the embodiment of what I hope to be as a professor” by her colleagues and “a gifted teacher”

by members of the legal community, and now Erica J. Hashimoto can add “Meigs Professor” to the list.

Hashimoto, the law school’s Post Professor, was named a Josiah Meigs Distinguished Teaching Professor this spring. The honor is UGA’s highest recognition for excellence in instruction at the undergraduate and graduate levels. Each year no more than five professors campus-wide are chosen and this year only four were selected.

Hashimoto joined Georgia Law in the fall of 2004, beginning her career in academia after serving four years as an assistant federal public defender in the Office of the Federal Public Defender in Washington, D.C.

“With respect to her teaching, she is simply superb,” said former Dean Rebecca Hanner White, who nominated Hashimoto. “She came to the law school in the fall of 2004 as a brand new member of the teaching academy, and I have watched her blossom from a strong and competent teacher into one of the law school’s finest.”

During her 10 years at Georgia Law, Hashimoto has taught both first-year and upper-level courses as well as created one of the school’s premier experiential learning programs, the Appellate Litigation Clinic. This experiential learning opportunity is an intensive yearlong course during which students work in teams to review cases before the federal circuit courts of appeals and the Board of Immigration Appeals, identify the issues that should be raised in the appeal, draft briefs and present oral arguments before the courts.

“Being an admired and effective teacher for all three types of courses takes a tremendous amount of dedication, skill and flexibility,” White said. “Each of these courses demands a very different type of instructional delivery.”

Additionally, few law professors nationwide have diversified their teaching portfolios to straddle the long-established clinician/nonclinician line.

Her scholarship has been discussed during oral argument by a U.S. Supreme Court justice and was cited by the court.

Hashimoto has been honored in the past as the recipient of the O’Byrne Memorial Award for Significant Contributions Furthering Student-Faculty Relations, as a Lilly Teaching Fellow and as a law school honorary graduation marshal. She twice earned the Ellington Award for Excellence in Teaching, the law school’s highest teaching honor.

View a video on Hashimoto’s Meigs Professorship on her profile page at www.law.uga.edu/profile/erica-j-hashimoto.

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“In an atmosphere where most students were petrified of speaking, Professor Hashimoto inspired discussion and encouraged questioning. Not only was her teaching style remarkable, so was the amount of care and interest she showed in her students.”

—Former student Elizabeth C. Taxel (J.D.’09), a public defender in the DeKalb County Public Defender’s Office

“In every important way, she has enriched our students and our program of education. She has done so as a now-highly-decorated classroom teacher, as the creator of a new and path-breaking clinical educational program, as a risk-taking innovator who has sought to bridge the divide between doctrinal study and skills training, and as a selfless supporter of students both in her formal service roles and in her behind-the-scenes efforts in support of important co-curricular activities.”

—University Professor & Caldwell Chair in Constitutional Law Dan T. Coenen, who received the Meigs Award in 1998

“She runs an absolutely first-rate program [in the Appellate Litigation Clinic], which has brought great honor to the University of Georgia Law School. And she has had this positive impact on the reputation of University of Georgia lawyers not only in this Circuit Court, but also in the U.S. Court of Appeals for the Fourth Circuit as well as the U.S. Court of Appeals for the District of Columbia.”

—U.S. Court of Appeals for the Eleventh Circuit Judge Beverly B. Martin (J.D.’81)

for clinical programs

programs and experiential learning. In this role, she will work to enhance and advance the

“Clinical programs are one of the law school’s crown jewels and represent one of the many

ways the law school can have an impact both in the state and beyond,” said Dean Peter

programs and to support the university’s broader goal of expanding experiential learning

opportunities. A first-class scholar, gifted teacher and dedicated advocate, Professor


ssociate Professor Elizabeth “Beth” Chamblee Burch has been awarded the American Law Institute’s Young Scholars

Medal, which is presented every other year to one or two outstanding early-career law professors whose work has the potential to influence improvements in the law.

Goodwin Liu, a California Supreme Court justice and the chair of the Young Scholars Medal Selection Committee, said the committee and the ALI are extremely proud of this year’s medal recipients – Burch and Michael Simkovic, a professor at Seton Hall University School of Law.

“These two exceptional professors have produced first-rate scholarship that is already having an impact in legal debate and policy. Professor Burch’s work provides an innovative analysis of strategies for solving principal-agent problems in aggregate litigation, and professor Simkovic’s research on consumer finance and credit markets has influenced courts, regulators, fellow researchers and the United States Congress.”

Georgia Law Dean Peter B. “Bo” Rutledge said, “Beth represents the model of a world-class scholar whose writings have an impact on the academy and the profession. The ALI medal is a testament to Beth’s commitment to scholarly excellence, and I am very grateful to Rebecca White, who nominated her for this well-deserved award.”

Burch began her writing and research career while in law school at Florida State University, during which time she published five law review articles, three in journals of other law schools.

In the past eight years as a member of the teaching academy, Burch has published or had accepted for publication 15 full-length law review articles in journals such as the New York University Law Review, the Virginia Law Review, the Vanderbilt Law Review, the Washington University Law Review, the Boston University Law Review and the George Washington Law Review. She also has published eight shorter articles in law reviews and their online companions, one of which inspired a response from Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York. Additionally, in 2010, Burch was

A selected along with three co-authors (Robert G. Bone, Charles M. “Charlie” Silver and Patrick Woolley, all at the University of Texas) to continue the late Richard A. Nagareda’s casebook, The Law of Class Actions and Other Aggregate Litigation. (Nagareda taught at Georgia Law from 1994 to 2001.)

Burch’s research focuses on class actions and multidistrict litigation, both of which straddle the divide between public and private law and share similar collective-action and principal-agent problems. Because these inherent problems are not unique to aggregate litigation, she takes an interdisciplinary approach to procedure and draws from literature that bears on collective action and group decision-making, including social psychology, behavioral law and economics as well as political policy.

Since becoming a professor, Burch has served on national panels and symposia and delivered more than 40 presentations. She was invited to present and partake in the important dialogue at George Washington University’s 2010 Aggregate Litigation: Critical Perspectives Symposium, which focused on the ALI’s Principles of the Law of Aggregate Litigation. Additionally, her work was selected as part of Vanderbilt University’s 2012 New Voices in Civil Justice Workshop and has generated invitations to present at the New York University School of Law and the American Bar Association’s National Institute on Class Actions as well as DePaul University’s 2015 Clifford Symposium on Tort Law and Social Policy.

Burch joined the Georgia Law faculty in 2011, after holding an assistant professorship at the Florida State University College of Law. In 2013, she received the John C. O’Byrne Memorial Award for Significant Contributions Furthering Student-Faculty Relations.

She earned her bachelor’s degree cum laude from Vanderbilt University and her Juris Doctor cum laude from Florida State University, where she served as the writing and research editor for the Florida State University Law Review.

HEADLINES

“Professor Burch’s work provides an innovative analysis of strategies for solving principal-agent problems in aggregate litigation ... .”

—Goodwin Liu, chair of the ALI’s Young

Scholars Medal Selection Committee


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HEADLINES

n December, Georgia Law received a $3.4 million gift from the estate of former Georgia Gov. Carl E. Sanders (J.D.’48).

Approximately $2.4 million was used to create the Carl E. Sanders Law Scholarship Fund, which will provide scholarships to law students. The remainder of the gift was added to the Carl E. Sanders Chair in Political Leadership Fund, which was established in 2002 to support a faculty position for someone to “educate students about the roles of law and lawyers in shaping public policy and about the role of lawyers in positions of leadership.”

This donation is the largest single gift in the law school’s history and makes the late governor the school’s greatest individual benefactor.

The governor’s wife of 67 years, Betty Foy Sanders, said, “Carl was still a student at the Georgia law school when we were married in 1947. And from there he went on to achieve much for which he always felt deep gratitude to the university, and particularly the law school. … This gift and our prior gifts to the law school reflect our sincere gratitude for what Carl’s legal education and his long association with the law school meant to him and to his legal career.”

During the 1960s, Gov. Sanders said: “The people of Georgia want and deserve nothing short of the best. The University of Georgia School of Law is, therefore, to be one of such excellence that no citizen of Georgia need ever leave [the] state because a

Isuperior legal education is available elsewhere.” This statement is etched into the school’s outer wall, and it is evidence of Sanders’ desire to make Georgia Law one of the nation’s finest law schools.

Known as “Georgia’s Education Governor,” Sanders was responsible for the investment of more than $2 billion in educational and training programs, including more than $552 million spent on the state’s public colleges and universities. Expenditures for buildings in the University System of Georgia topped $176.5 million during his term. Notably, he was instrumental in the provision of state funds to expand the law school’s facilities, including a new building for its Alexander Campbell King Law Library plus an additional $1 million to purchase books for the unit.

During his lifetime, Sanders supported the law school with several significant personal gifts that established the Carl Sanders Law Library Fund and the Sanders Chair in Political Leadership. He served as president of the law school’s alumni association and on the school’s Board of Visitors in addition to heading the fundraising campaign to build Dean Rusk Hall. He also served as a trustee of the UGA Foundation and as president of the UGA Alumni Association. In recognition of these efforts, he was presented with the school’s Distinguished Service Scroll Award in 1967, and the main reading room of the law library was named in his honor in 2003.

the opportunity to take a class co-taught

Thomas and Dean Peter B. “Bo” Rutledge.

The federal common law course focused

on theories of federal common law, the

social forces that led to its development,

Erie

v. Tompkins and the residual role of federal

common law following Erie.

During his weeklong visit, Thomas also met with various student groups in small

and large settings, talked with faculty and held a question and answer session for

students and faculty.

Yates confirmed

attorney generalmagna cum

laude

teaches a class


and university service award

approach to the legal world

ormer Dean Rebecca Hanner White was recently honored by both Georgia Law and the University of Georgia for her contributions to the law school and to the greater university.

Georgia Law announced earlier this year the establishment of the Rebecca Hanner White Scholarship, named in honor of White who stepped down as the leader of the school after more than 11 years of service.

The scholarship was initiated by Georgia Law 1982 alumna and law school Board of Visitors Chair Kathelen V. Amos and her husband Dan, who agreed to match up to $100,000 in new gifts donated to the school for the creation of the scholarship fund. To date, more than $210,000 in gifts and pledges have been secured from alumni and friends for this effort.

“I am so grateful that Kathelen and Dan Amos have helped to honor Rebecca White,” said Georgia Law Dean Peter B. “Bo” Rutledge. “She inspired many to re-engage with the law school. It is a testament to Rebecca and her record of leadership that members of the Georgia Law community responded so quickly and generously to this fundraising challenge. This effort was dedicated to one of her top priorities during her tenure – growing private funding for student scholarships,” he said.

Additionally, the UGA Alumni Association presented its Faculty Service Award to White during its 78th Annual Alumni Awards Luncheon. The luncheon, which took place during the university’s Honors Week in April, recognizes individuals who have demonstrated a deep commitment to bettering the university.

First presented in 1969, the Faculty Service Award honors current or retired UGA faculty and staff who have distinguished themselves in service to the university.

White, who was the law school’s first female dean, served as the leader of the school from July 1, 2003, to December 31, 2014. A few highlights of her deanship include: a multiyear, multimillion dollar facilities renovation; the hiring of more than 30 new faculty members that not only greatly improved the student:faculty ratio but also significantly increased the scholarly output of the school; the elevation of entering law student academic credentials; the increase of graduates in federal judicial clerkship positions including the selection of six Georgia Law graduates as U.S. Supreme Court judicial clerks; the launch of a Business Law and Ethics Program; the creation of a new degree program (the Master in the Study of Law); the addition of six experiential learning programs; the establishment of study abroad programs at the University of Oxford and in China; and the creation of approximately 40 new endowed funds to support student scholarships and faculty, in addition to securing private funding for building renovations and substantially growing contributions to the law school’s annual fund.

n its first year, the Community Health Law Partnership Clinic has helped Georgia Law students hone their legal skills through a variety of different methods, including

hands-on work and service to the community.Also known as the Community HeLP Clinic, this

experiential learning program is “a unique and collaborative experience,” according to Assistant Professor Jason A. Cade, who serves as the clinic director.

Students involved in the offering partner with health care professionals at Mercy Health Center in Athens to tackle what can be considered “health-harming legal needs” that impact patients. These run the gamut from immigration to disability rights and from benefits to family law.

“These are people who would have no access to a lawyer if not for the clinic,” Cade said, adding that students not only assist with initial issues but oftentimes find themselves working on outlying legal matters that can impact the health of the patient.

In the fall, students reviewed 25 cases of individuals whom medical professionals deemed in need of assistance due to poverty or other circumstances. From those individuals, the students took on the representation of those whom they felt had viable cases and were able to move approximately 19 of them forward. Students conducted research and interviews, developed evidence, drafted legal documents, advocated for their clients and offered legal counsel that their clients might not have received otherwise.

Because of the myriad issues that the students must research and handle, Cade said he often brings in other professionals to assist in addition to medical professionals, including disability and immigration lawyers as well as other units on the UGA campus like the Spanish translator program.

“There are not many opportunities in law school where students learn to work on a team with other professionals,” he said.

The students also learn the basics of business management as they maintain and operate a legal office in downtown Athens, but the overarching goal of the clinic is more holistic, according to Cade.

“We try not to reduce anyone to a single legal issue,” he said.

That sentiment is echoed by the clinic’s law students. Second-year student Kristina K. Sick said her experience “has been a lot of work but very worthwhile” and has given her an opportunity to see many types of law in action.

“Going to a doctor can’t solve the fact that a person doesn’t have food security,” she said. “… It’s been really good to work with [Mercy] and see their mission to address their patients’ needs, not just [those] in the medical field.”

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22 Advocate 2015

HEADLINES

ssociate Dean and Professor Emeritus Paul M. Kurtz shared what he likes, what he dislikes and what he is still confused by after 50 years of living in the South as UGA’s 2015

Founders Day Lecturer.His speech, “A New York Yankee in Abraham Baldwin’s Court:

(Almost) Fifty Years Behind ‘Enemy’ Lines,” explored Kurtz’s journey in the South as a Northerner. He drew parallels between himself and Abraham Baldwin, a Connecticut native who was the founder of UGA.

Kurtz remarked he lived with the “noise pollution” on Milledge Avenue throughout the night and the politics of the region, knowing he was fortunate to live “in a very blue city in a very red state.”

A

While boiled peanuts and “vegetables cooked for a week” still leave him shaking his head, the list of things he enjoys about the South was much lengthier and included the music, cuisine and characteristics of its people.

Two items in particular from the South that are the most important to Kurtz are “the beautiful, accomplished university and the wonderful town in which it is the main attraction.”

Kurtz praised the university as well as the city of Athens for the accomplishments and growth of each during the past four decades since his move to the Classic City. He highlighted the university’s increase in graduate and doctoral degrees, higher admission standards and additions of other schools and colleges, while praising Athens for its architecture, culture and

extensive community service programs. Third-year law student Carey A. Miller, a Georgia native, gave

the student response to Kurtz’s address.Kurtz joined the Georgia Law faculty in 1975 as an assistant

professor and worked his way up the ranks to hold positions such as the Law School Association Professorship and a J. Alton Hosch Professorship. In 1991, he became the associate dean for academic and student affairs, a post he held until his retirement in 2013. Active in law school and university affairs throughout his career, Kurtz served five terms on the University Council as well as two terms on the board of the Georgia Athletic Association.

—Courtney Lee Brown

Georgia Law proudly remembers Dean Emeritus J. Ralph Beaird, who

served as the leader of the law school for a total of 13 years and officially

served on the faculty for more than 20 years, although he

taught at the law school for approximately four decades.

This revered leader passed away on August 14.

Beaird was born September 27, 1925, in Gadsden,

Alabama. On his 18th birthday, he registered with the

draft board and soon joined the U.S. Army Air Force. After

basic training, he was assigned to the 10th Army, which

participated in the invasion of the island of Okinawa

beginning April 1, 1945 (the largest amphibious operation

in the Pacific theater of World War II). During his life, Beaird

vividly recalled the landing and the Japanese kamikaze

suicide planes attacking the Allied ships.

A year later, he returned home and enrolled at the

University of Alabama where he earned the B.S. degree in

business in 1949 and the LL.B. degree in 1951. He earned his LL.M. degree

from George Washington University in 1953.

In 1950, he wed Jeanne Ralls, a native of Gadsden. It was a devoted

marriage of 60 years until her death in 2010.

The couple moved to Virginia where Beaird joined the U.S. Department of

Labor, rising to assistant solicitor, associate general counsel of the National

Labor Relations Board, and associate solicitor of the Department of Labor

overseeing the caseloads of 1,200 attorneys in 28 regional offices.

In 1965, he came to Athens as a visiting professor for one year at Georgia

Law and returned to Washington. He accepted a full-time professorship at the

Revered leader leaves strong legacylaw school in 1967 where he remained until 1989, serving as acting dean from

1972 to 1974 and dean of the school from 1976 to 1987. In 1974, he was named

a University Professor – a designation denoting outstanding

service to the institution beyond one’s specific academic

discipline – and counselor to the president of the university.

The growth in quality and program diversity of UGA’s law

school during Beaird’s deanship is evidenced in: the growth of

its private funds endowment from less than $450,000 in 1972

to $17 million in 1987; the establishment of the Dean Rusk

Center for International Law and Policy in 1977; the granting

of an Order of the Coif chapter, the Phi Beta Kappa of legal

education, in 1978; the 21 endowed professorships established

by 1987; the founding of the Institute for Continuing Judicial

Education in 1977; the growth of the advanced degree LL.M.

program; the increasing academic credentials of entering

students and bar exam passage rates; the expansion of

international programs; the addition of a 25,000 sq. ft. annex to the law

library in 1981; the doubling of the law library volumes from 1973 to 1987;

the conversion to the semester system; and other increases that led to ranking

Georgia Law as among the nation’s best. In 1989, he retired to private practice

with the Athens law firm of Blasingame, Burch, Garrard, and Ashley.

He is survived by two daughters: Carol Beaird Welsh of Marietta, Georgia,

and Becky Beaird Scarboro of Watkinsville, Georgia; three granddaughters and

two great-grandchildren.

This obituary is based on the one authored by Barry Wood, who was UGA’s public relations director

during Beaird’s deanship and who is a close friend of the family.

Georgia Law Reviewevolution of financial regulation

HIRSCH HALL HIGHLIGHTS

he recent financial crisis has shaped financial regulation in several ways, according to two

speakers present this spring at a Georgia Law Review symposium titled “Financial Regulation: Reflections and Projections.”

The symposium’s two keynote presentations were given by Dennis P. Lockhart, the president and chief executive officer of the Federal Reserve Bank of Atlanta, and 1979 Georgia Law alumnus Luis A. Aguilar, a commissioner with the U.S. Securities and Exchange Commission.

Lockhart spoke about his views of the prudential regulation of financial firms and contrasted the regulation of banks and nonbank financial firms, also known as “shadow banks.”

“Banks have long been among the more heavily regulated firms. However, post-crisis regulatory oversight has been taken to another level for all sizes of banks,” he said. “… It has to be noted, though, that in the United States, banks represent only a part of the financial system.”

While other countries are “bank-centric,” the United States’ financial evolution has allowed for a “shadow banking system of considerable scale and institutional diversity.”

A “perfect” definition of shadow banking is “elusive,” according to Lockhart. “A simple and workable definition is financial services providers and credit intermediaries that operate without a bank charter.”

He added that the financial crisis that began in 2007 arguably started in the shadow banking arena. “It propagated to banks and became global because investors and depositors could not assess their counterparties’ exposures.”

Lockhart then speculated on whether shadow banks are being sufficiently regulated.

“If we anchor calibration of regulatory oversight of firms, classes of firms and markets in potential risk to the broad economy, then it seems to me we should variably monitor and supervise institutions and activities in the banking system that may have financial stability implications and do the same in the shadow banking world,” he said. “… The experience of recent years has made the primary aim of prudential regulation to protect the financial system’s ability to support the general economy. In my view, this should be the ‘true north’ of any

expansion of the regulatory overlay on shadow banking.”

Aguilar, who was appointed to the U.S. Securities and Exchange Commission in 2008, noted that during his tenure as an SEC Commissioner, the country’s economy has experienced extreme highs and lows.

“The events of the financial crisis have substantially affected the commission as the primary regulator of the U.S. capital markets. It is no exaggeration to say that the SEC’s continued existence was in doubt,” Aguilar told the audience, referring to the economic downturn in 2009.

He said that in the years since the crisis, the SEC has “entered into one of its most active periods” in adopting new rules. “In fact, the commission has voted on almost 250 rulemaking releases during my tenure. Most of the commission’s new rules rightly focused on addressing flaws in our own capital markets.”

Aguilar said that in addition to focusing on the domestic markets, the SEC is also “working internationally to address the dangers arising from the growth and interconnectedness of the global financial markets and the reality that risks from less-regulated overseas markets can ultimately come to our shores.”

Today’s capital markets are “more sophisticated, larger, faster and more technologically driven than at any time in history,” he said.

“The financial crisis, and its aftermath, made clear that the SEC needed far more information to effectively supervise a number of important market sectors – such as money market funds, hedge funds, derivative activities (including credit default swaps), municipal advisors, credit rating agencies and others,” he said.

Since the crisis, Aguilar stated that the commission has been working to capture data and automate its analytical capabilities so staff can proactively identify areas of risks, emerging trends and fraudulent activities.

“It is impossible to predict with certainty the challenges ahead,” he said. “I do believe, however, that the country requires a well-informed and well-funded SEC to protect American investors – from both domestic and international activities.”

The symposium also consisted of three panels that explored topics such as the political economy of financial regulation, risk management and regulatory oversight, and the theory and structure of financial regulatory agencies.

Federal Reserve Bank of Atlanta

Commission

T

“Today’s capital markets are ‘more sophisticated, larger, faster and more technologically driven than at any time in history.’”—SEC Commissioner Luis Aguilar (J.D.’79)


International Criminal Court prosecutor speaks on crimes against children in times of conflict

rimes against children in conflict “destroy the individual, shatter the family unit and tear violently at the social fabric of society,” said International Criminal Court

Prosecutor Fatou Bensouda, who spoke at a Georgia Law conference titled “Children and International Criminal Justice” during the fall.

Bensouda was the keynote speaker at the daylong event, which also included a panel discussion and closed workshop sessions, and focused on the ICC’s role in prosecuting crimes against children during wartime.

“In most armed conflicts, the recruitment of child soldiers, sexual slavery, attacks on schools or forced displacement are regrettably common occurrences. These heinous crimes are not only repugnant to our collective conscience but simply devastating to children’s lives, and their families and communities – they should not be tolerated but rather met with the full force of the law,” Bensouda said. “Fighting impunity for crimes against children worldwide should be at the forefront of the global agenda.”

The prosecutor described peace as “simply a respite between wars” and noted that the 21st Century has witnessed countless conflicts throughout the world, all with “serious repercussions” for children.

“While wars may be inevitable, we have an obligation to curb the destructive impact human conflict can have on children,” she said. “My office is firm in its commitment to stand against the commission of crimes against children during conflict.”

Bensouda went on to explain her office’s perspective on the Rome Statute, its founding treaty, and how it protects and promotes the rights of youth. She noted that one aspect of the statute requires that the prosecutor take particular account of the degree to which crimes involve violence against children.

“When I assumed office as prosecutor in 2012, I categorically stated that in addition to focusing on ‘children who are forced to carry arms,’ we must also address the issue of ‘children who are affected by arms,’” Bensouda said.

She has elevated children’s issues to one of her office’s six goals in its strategic plan, in addition to “fighting impunity for sexual and gender-based crimes.”

In order to “reinforce our in-house expertise in this crucial area,” Bensouda in December 2012 appointed Georgia Law Associate Dean for International Programs and Strategic Initiatives Diane Marie Amann as her special adviser on children in and affected by armed conflict.

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“Professor Amann has provided, and continues to provide, my office with invaluable support since her appointment,” she said, “including advising on the development of the office’s Children’s Policy and creating awareness on children’s issues as they arise in situations involving war crimes, genocide and crimes against humanity.”

Bensouda shared an example of a cornerstone case for the International Criminal Court. The case charged Thomas Lubanga Dyilo, a former rebel leader in the Democratic Republic of Congo, with the “conscription, enlistment and use” of children under the age of 15 “to participate actively in hostilities.”

Lubanga was found guilty of the crimes in 2012, and this case “was a landmark decision for the court” and the whole Rome Statute system,” according to Bensouda. “The case also highlighted various issues, including the impact of crimes against children on whole communities, the specific issue of girl child soldiers and the devastating effects that such crimes can have on the right of children to education.”

The ICC is now expanding its focus from the specific issue of child soldiers to more fully considering the ways children are affected by conflict, Bensouda added. She noted that the court is in consultations currently to create a Policy Paper on Children.

“The Policy Paper on Children will be a comprehensive elaboration of how my office handles, and intends to systematically approach children’s issues in all aspects of its work,” she said. “It will address not only issues relating to crimes against children but also those relating to our interaction with children: for instance, taking into account their view, issues of protection and support of children who are witnesses and victims, as well as children of adult witnesses.”

She added that she hopes this policy paper, once adopted, will also serve as a guide for countries and other relevant actors in their work to combat crimes against children and to address children’s issues in the judicial process.

Cosponsors of this conference, in addition to the Georgia Journal of International and Comparative Law, the law school’s Dean Rusk Center for International Law and Policy and the Georgia Law Project on Armed Conflict and Children, included the UGA African Studies Institute, the Planethood Foundation and the American Society of International Law-Southeast.


Wfairness through the years

www.law.uga.edu

omen in the professional world have always been judged by their

clothes and how they wear them, according to 1992 Georgia Law graduate Kelly Caffarelli, who delivered the speech “Long Pants or Short Skirts: Fitting In, Fighting Back or Finding Your Own Way” as the law school’s 33rd Edith House Lecturer.

Caffarelli, the president of Caffarelli Consulting, a firm that advises mission-focus organizations on how to make their programs more impactful, highlighted the fashion sense and attitudes of leading ladies through history who inspired hope and paved the way for women’s rights and roles in professions such as law and business, as well as society at large.

“As early as 1925, deans of national law schools were surveyed and they commented that, ‘Women were as good or better than their male classmates,’” Caffarelli said. “In 1925 … men recognized that women understood the law and that they did well in law school, but that still hasn’t translated to professional equality for women.”

Caffarelli noted her own experiences with gender bias in the workplace and gave advice on how to face these challenges to the future lawyers in the audience.

Watch Caffarelli’s lecture online at www.law.uga.edu/edith-house-lecture-series

“Be aware that life isn’t fair, and men and women are not treated equally,” she said. “[Men and women] have this internal [gender] bias and we have to act intentionally to counterbalance it, and perhaps take an extra moment to encourage women.”

Caffarelli said women should do what makes them comfortable professionally – from choosing what area of law to practice to what to wear to work on a daily basis.

Caffarelli served as the president and as a member of the Board of Directors of The Home Depot Foundation for 10 years. Under her direction, the foundation granted more than $340 million to nonprofits focused on affordable housing and community development. She earned her bachelor’s degree from Williams College and her Juris Doctor magna cum laude from Georgia Law, where she served on both the editorial and managing boards of the Georgia Law Review and was inducted to the Order of the Coif.

The Edith House Lecture is sponsored by the Women Law Students Association in honor of one of the first female graduates of Georgia Law. House, a native of Winder, Ga., was co-valedictorian of the law class of 1925, the first class to graduate women.


PepsiCo leader speaks about the role of a corporation in the modern age

PepsiCo Chairman and Chief Executive

and responsibilities of corporations as

well as her company’s Performance with

Purpose strategy – which strives to deliver

sustainable financial success by operating in

line with the needs of society – this past fall

with Purpose, explained that when

she joined PepsiCo in the 1990s, “it

became very clear the world around us

was changing in profound ways, and

we needed to evolve our company in

anticipation of these changes.”

research and development and made

strategic business moves, including

several acquisitions, expansions and

inclusions of new products. By doing so,

PepsiCo was able to create a plan that

would allow for both profits and progress,

she explained.

In current times, “To consumers, who you

are as a company is becoming as important

as what you sell,” she noted, and raised the

question, “To whom and for what is the

modern corporation responsible?”

Performance with Purpose in action

at PepsiCo. These actions include

partnering with local suppliers in India

to change agricultural practices that

have reduced water usage so much so

that by 2009 PepsiCo India conserved

more water than it consumed. The

company also works to create business

opportunities with local farmers.


T

case for public service

he success of one’s life can be judged by answering

one question: “Did I make a difference?” according to Janet Napolitano, University of California System president and former U.S. secretary for the Department of Homeland Security, who presented “Anatomy of a Legal Decision” as Georgia Law’s 112th Sibley lecturer last fall.

“There are many ways to make a difference, both within the legal profession and [out],” Napolitano said. “But … for those who possess a legal background, there are opportunities in public service to obtain rewards that transcend the size of the paycheck.”

Napolitano discussed how she used her time in public service to make a difference with an initiative called Deferred Action for Childhood Arrivals (DACA), which was developed under her direction while she served as secretary at the DHS. DACA’s mission is to allow those who have been born in or brought to the United States by undocumented immigrants and who live in fear of deportation to “come out from the shadows.”

In the two-plus years since its implementation, DACA has brought forward more than 675,000 young people who have applied for and received “deferred” status. This status generally means “to suspend moving forward with certain cases for a fixed period of time” and does not grant amnesty or otherwise permanently resolve immigration status, according to Napolitano.

Recognizing that there is still much work to be done in the area of immigration, she added that her hope is that future lawyers from public universities will bring aid to the public sector in years to come.


Watch Napolitano’s lecture online at www.law.uga.edu/john-sibley-lecture-series

Pet

er F

rey.

Additionally, the creation of the

PepsiCorps program gives its employees

the opportunity to work in underserved

parts of the world “to improve

economic, social and environmental

aspects of communities.”

employees have been able to return

to the corporate world with new

perspectives, which is “critical” for a

global company.

“At PepsiCo, you can change the

world at the same time,” she said.

“I am now in the education business,” she said. “I could not agree more that it is a fundamental obligation of universities, especially public universities, to grow future leaders who will look beyond their own careers … and consider the possibilities of public service.”

The Sibley Lecture Series, established in 1964 by the Charles Loridans Foundation of Atlanta in tribute to the late John A. Sibley, is designed to attract outstanding legal scholars of national prominence to Georgia Law. Sibley was a 1911 graduate of the school.


“... there are opportunities in public service to obtain rewards that transcend the size of the paycheck.”


Urbana-Champaign, delivered the keynote address on the longstanding

basics of property ownership and identified how understanding modern-

while sustaining human communities and natural systems.

The Fourth Annual Georgia Association of

some of Georgia’s leading legal and political

minds to discuss several topics, including

the impact of changes to the election

dates of future elections, the potential

privatization of the state’s probation system

and the growth of cityhood initiatives

in communities throughout Georgia.

Benfield served as the keynote speaker.

Conference focuses on balancing public interests with private rights

examines social justice and

legal representation

Georgia’s response to human trafficking, current issues in immigration law, the

disproportionate costs and consequences of civil penalties and routine criminal

the president and founder of Gideon’s Promise and director of the honors program in

debates issues facing

the state

The student-edited

Journal of Intellectual

Property Law hosted

its first Music and

Technology Conference

and brought together

some of the industry’s top

entertainment attorneys

as well as policy advocates

and technologists from

across the country. Casey

Rae, the chief executive

officer of the Future of

Music Coalition, presented

the keynote address.

First Music and Technology

Conference held

The Fifth Annual Protect Athens

Music Conference, hosted by Georgia

relevant to the intersection of law,

music and business for musicians,

students, professionals and anyone

interested in music or the music

business. Panel sessions focused on publicity and promotions

as well as the role of record labels in the digital age.

Protect Athens Music Conference

celebrates fifth year

28 Advocate 2015


Isakson speaks on international trade and economic growth

“F ree and open trade is in the best interest of the United States,” according to U.S. Sen.

Johnny Isakson, who spoke to a group of law students, faculty and others regarding international trade and economic growth at the Dean Rusk Center for International Law and Policy this spring.

The senior senator from Georgia has spent a large part of his time in the Senate working on matters regarding African trade, in which he is still very involved. However, his most recent initiative, the Transatlantic Trade and Investment Act, is a proposed agreement between the United States and the European Union.

“It’s odd that the two greatest trading partners, Europe and the United States, don’t have an agreement,” Isakson said. “We have one with Colombia, we have one with Panama, we have one with South Korea, but we don’t have one with the European Union and that’s wrong. I’m working very hard to see to it that we do.”

As there will be many developments in international trade in the coming years, Isakson expressed the need for lawyers specializing in trade negotiation and the vast career opportunities awaiting them.

He said it is important to our country’s economy that the laws governing our trade are “compatible and harmonizing with one another. … For those of you in the law school here, there are a plethora of jobs available in harmonizing regulation.”

Isakson also answered questions from audience members regarding his thoughts on negotiation prospects with Cuba, recent trade sanctions placed on Iran and his support in granting President Barack Obama “fast track” authority, which expedites the process of negotiating trade agreements and treaties with foreign nations.

“The strength of America lies in our ability to trade fairly with the rest of the world,” he said.

Isakson, who is currently serving his second term in the U.S. Senate, is the only Republican senator to chair two committees in the 114th Congress: the Senate Committee on Veterans’ Affairs and the Senate Select Committee on Ethics. He is also a member of the Senate Committee on Finance, which has jurisdiction over taxes, trade, Medicare and Social Security and which plays a critical role in the debate over cutting spending and reducing the nation’s debt. Additionally, he is a member of the Senate Committee on Health, Education, Labor and Pensions, and the Senate Committee on Foreign Relations.


stions fromg

s

lies inh the rest oft


Marc Masurovsky, co-founder

project, spoke in the fall on the

legal challenges faced by claimants

seeking restoration of cultural assets

also discussed his leadership of the

ERR Project, which aids provenance

research by providing a searchable

database of more than 20,000 art

occupied France and Belgium.

International presenters cover range of topics

headquarters calling for a popular election

of the chief executive, the city’s highest

leadership position. Cheung addressed

the Chinese government’s rejection of

the backdrop of China’s obligations under

international law.

A panel discussion on domestic and

international legal issues relating to the

Ebola virus was held earlier this year.

health law, domestic public health

law and global public health policy,

the group explored a variety of topics,

including quarantines, privacy issues,

travel restrictions, experimental drugs

which identified Ebola as a threat to

international peace and security.

during the genocide committed by

the Khmer Rouge, gave the inaugural

Ung’s presentation, titled “First They

Killed My Father,” drew on her trilogy of

memoirs. In these books she describes

how Cambodian dictator Pol Pot’s

regime, which was responsible for

killing approximately 2 million people

including many members of her family,

as a human rights activist.

exchange of ideas about important and timely international legal and policy matters. Below is a highlighted list from the 2014–15 academic year.


Diane Marie Amann “The Child Rights Convention and International Criminal Justice” in the Nordic Journal of International Law (forthcoming 2015); “Children” in The Cambridge Companion to International Criminal Law (W. Schabas ed.) (Cambridge University Press, forthcoming 2015); “The Post-Postcolonial Woman or Child” in 30 American University International Law Review 41 (2015) (to be reprinted in American Society of International Law Proceedings (2014)); editor-in-chief of Benchbook on International Law (American Society of International Law, 2014), available at www.asil.org/benchbook; and book review of Terror Courts by J. Bravin in 95 International Review of the Red Cross 467 (2014).

Faculty Notes

Peter A. Appel Wilderness Law and Policy: Cases and Materials (Carolina Academic Press, forthcoming).

Mehrsa Baradaran How the Other Half Banks (Harvard University Press, forthcoming 2015); “Regulation by Hypothetical” in 67 Vanderbilt Law Review 1247 (2014); “Banking and the Social Contract” in 89 Notre Dame Law Review 1283 (2014); and “It’s Time for Postal Banking” in 127 Harvard Law Review Forum 165 (2014).

“Standing for (and up to) the Separation of Powers” in 91 Indiana Law Journal (forthcoming 2015–16); “Codifying Chevmore” in 90 New York University

Law Review 1 (2015); “Improving Agencies’ Preemption Expertise With Chevmore Codification” in 83 Fordham Law Review 587 (2014) (symposium) (invited); “To the Victor Goes the Toil – Remedies for Regulated Parties in Separation-of-Powers Litigation” in 92 North Carolina Law Review 481 (2014); and “International Sale of Goods” in Benchbook on International Law (D.M. Amann ed.) (American Society of International Law, 2014).

Randy Beck “Overcoming Barriers to the Protection of Viable Fetuses” in 71 Washington & Lee Law Review 1263 (2014) (symposium) (invited); and “Prioritizing Abortion Access over Abortion Safety in Pennsylvania” in 8 University of St. Thomas Journal of Law & Public Policy 33 (2014) (symposium) (invited).

Elizabeth Chamblee Burch “Constructing Issue Classes” in 101 Virginia Law Review (forthcoming 2015); “Regulatory Discord and Procedure” in the New York University Journal of Law and Business (forthcoming 2015) (symposium); “Judging Multidistrict Litigation” in 90 New York University Law Review 71 (2015); “Remanding Multidistrict Litigation” in 75 Louisiana Law Review 339 (2014) (symposium); and “Revisiting Government as Plaintiff ” in 5 Journal of Tort Law 227 (2014) (symposium).

“Enforcing Immigration Equity” in the Fordham Law Review (forthcoming); “The Plea Bargain Crisis for Noncitizens in Misdemeanor Court” in the Immigration and Nationality Review (forthcoming) (reprinted from 34 Cardozo Law Review 1751 (2013)); and “The Challenge of Seeing Justice Done in Removal Proceedings” in the Immigration and Nationality Review (forthcoming) (reprinted from 89 Tulane Law Review 1 (2014)).

The following summarizes the scholarly productivity of Georgia Law’s distinguished faculty during the calendar year 2014 and year-to-date 2015.

with junior scholars presenting works-in-progress on topics relating to the federal courts, civil rights

and recent developments in the important areas of entrepreneurship and business law. Associate

Dean for Faculty Development Usha Rodrigues, who served as president of the group for the 2014–15

academic year, was instrumental in bringing this group to Athens.

of the association, convened more than 140 scholars from around the world who are conducting

interdisciplinary research on all aspects of property law, policy and theory – including real, personal,

intellectual, intangible, cultural and other forms of property.

FACULTY ACCOMPLISHMENTS

www.law.uga.edu

Earlier this spring, Larry D.

Thompson returned to the

Georgia Law faculty as the

Sibley Professor in Corporate

and Business Law. He was on

temporary leave from the

law school for the past two years as he rejoined PepsiCo as

its executive vice president of government affairs, general

counsel and corporate secretary. Thompson is the former

deputy attorney general for the United States. He will teach

in the areas of business crimes and corporate responsibility.

Thompson rejoins faculty

Ronald L. Carlson Carlson on Evidence: Comparing Georgia and Federal Rules, 3d ed. (Institute of Continuing Legal Education of Georgia, 2015) (with M. Carlson); Trial Handbook for Georgia Lawyers, 2014–15 ed. (Thomson Reuters, 2014) (with M. Carlson and J. Cook); and “Unconstitutionality and the Role of Wide-Open Cross-Examination: Encroaching on the Fifth Amendment When Examining the Accused” in 7 John Marshall Law Journal 269 (2014) (with M. Carlson).

Nathan S. Chapman “The Jury’s Constitutional Judgment” in 67 Alabama Law Review (forthcoming 2015).

Dan T. Coenen “Why Wynne Should Win” in 67 Vanderbilt Law Review En Banc 217 (2014); “The Commerce Power and Congressional Mandates” in 82 George Washington Law Review 1052 (2014); and “The Filibuster and the Framing: Why the Cloture Rule Is Unconstitutional and What To Do About It” in 55 Boston College Law Review 39 (2014).

Harlan G. Cohen “International Precedent and the Practice of International Law” in The Challenges of Global and Local Legal Pluralism: Mediating State and Non-State Law (Cambridge

University Press, forthcoming); “Formalism and Distrust: Foreign Affairs Law in the Roberts Court” in 83 George Washington Law Review 380 (2015); and “Theorizing Precedent in International Law” in Interpretation in International Law (A. Bianchi, D. Peat and M. Windsor eds.) (Oxford University Press, 2015).

Julian A. Cook III Trial Handbook for Georgia Lawyers, 2014-15 ed. (Thomson Reuters, 2014) (with R. Carlson and M. Carlson).

Andrea L. Dennis “Encouraging Victims: Responding to a Recent Study of Battered Women Who Commit Crimes” in 15 Nevada Law Journal (forthcoming 2015) (with C. Jordan); “Good Cop-Bad Cop: Police Violence and the Child’s Mind” in 58 Howard Law Journal (forthcoming 2015); “Talk Don’t Touch: Should Children’s Attorneys Adopt No-Touch Policies for Clients?” in 65 Catholic University Law Review (forthcoming 2015); “Poetic (In)Justice? Rap Music Lyrics as Art, Life, and Criminal Evidence” in Hip Hop and the Law: The

Key Writings that Formed the Movement (P. Bridgewater et al. eds.) (Carolina Academic Press, forthcoming) (reprinted from 31 Columbia Journal of Law and the Arts 1 (2007)); and “Teaching ‘The Wire’: Crime, Evidence, and Kids” in 64 Journal of Legal Education 111 (2014).

Jaime L. Dodge “Behind the Curtain: MDL Plaintiffs Steering Committees” in 64 Emory Law Journal (forthcoming); “Reconceptualizing Non-Article III Tribunals” in 99 Minnesota Law Review 905 (2015); “Facilitative Judging: Organizational Design in Mass-Multidistrict Litigation” in 64 Emory Law Journal 329 (2014) (symposium); “Privatizing Mass Settlement” in 90 Notre Dame Law Review 335 (2014) (invited); and “Disaggregative Mechanisms: Mass Claims Resolution Without Class Actions” in 63 Emory Law Journal 1253 (2014) (keynote article).

Thomas A. Eaton Constitutional Torts, 4th ed. (LexisNexis, forthcoming 2015) (with M. Wells, S. Nahmod and F. Smith); and Workers’ Compensation Cases and Materials, 7th ed. (West, 2014) (with J. Little and G. Smith).

Colloquium brings scholars to campus

Georgia Law hosts the Faculty Colloquium

Series each year, where legal academics

from around the world come to the law

school and present their current research

to faculty. This forum greatly enhances the

scholarly atmosphere at the school and fosters

relationships with other institutions. With

funding from the school’s Kirbo Trust Endowed

Faculty Fund and the Talmadge Law Faculty

Fund, the following presenters came to Athens

during the 2014–15 academic year.


David A. Skeel, University of Pennsylvania

Ralph Brubaker, University of Illinois

Oren Perez, Bar-Ilan University

Paul B. Stephan, University of Virginia

H. Timothy Lovelace, Indiana University

Jason P. Nance, University of Florida

Jeanne Fromer, New York University

Isaac D. “Zack” Buck, Mercer University

Laura Pineschi, Universita degli Studi di Parma

Jane H. Aiken , Georgetown University

31 Advocate 2015


“The Prudential Third-Party Standing of Family-Owned Corporations” in 162 University of Pennsylvania Law Review Online 151 (2014).

“Motivating Constitutional Compliance” in the Florida Law Review (forthcoming); and “An Originalist Argument for a Sixth Amendment Right to Competent Counsel” in 99 Iowa Law Review 1999 (2014) (symposium).

“Facial State Tax Discrimination Allegedly Causing No Harm” in 75 State Tax Notes 749 (2015) (with J. Swain); “Connecting Corporate and Individual Income Taxes and VAT in a Digital Global Economy: The Unexplored Linkages or The Good, the Bad, and the Ugly?” in The Future of VAT in a Digital Global Economy (M. Lang et al. eds.) (International Bureau of Fiscal Documentation, 2015); State and Local Taxation: Cases and Materials, 10th ed. (West, 2014) (with K. Stark, J. Swain and J. Youngman); “State Conformity to Federal Corporate Income Taxation of Foreign Corporations: Reflections on Schlumberger” in 76 Tax Notes International 435 (2014) (with J. Friedman and J. Libin) (also published in 74 State Tax Notes 261 (2014)); “Designing the Limits of Formulary Income Attribution Regimes” in 72 State Tax Notes 45 (2014); and “Jurisdiction to Tax in the Digital Economy: Permanent and Other Establishments” in 68 Bulletin for International Taxation 346 (2014).

Fazal Khan Bioethics and the Law (Carolina Academic Press, forthcoming 2016); “The Uber Effect: The Coming Legal Storm over Mobile Health Technology” in the Health Matrix Journal of Law-Medicine (forthcoming 2015); and “Mobile Health Technology: Legal Barriers to Disruptive Innovation” in The Handbook of Research on Digital Transformations (F. Olleros and M. Zhegu eds.) (Elgar Publishing, 2015).

“First Do No Harm” in 3 Experience 23 (2015).

Amann and Rodrigues named associate deans

Earlier this year, Diane Marie

Amann was named the

law school’s associate dean

for international programs

and strategic initiatives,

while Usha Rodrigues was

appointed associate dean for

faculty development.

As associate dean for

international programs and

strategic initiatives, Amann

will oversee collaborations

between the Dean Rusk

Center for International

law school’s faculty and

students. Amann will also

assist the law school with

strategic initiatives such as

strengthening partnerships

with foreign universities

and beginning work on the

school’s next strategic plan.

Amann joined the Georgia

and serves as the International Criminal Court

prosecutor’s special adviser on children in and

The author of approximately 50 publications in

English, French and Italian, Amann’s scholarship

focuses on the ways that national, regional and

international legal regimes interact as they

endeavor to combat atrocity and cross-border

Benchbook on

International Law.

a professor of law, the founding director of

assistant federal public defender, a solo federal

criminal defense practitioner and a litigation

Associate Dean for International

Initiatives Diane Marie Amann

Associate Dean for Faculty

Development Usha Rodrigues

Amann holds a Dr.h.c. degree in

law from Universiteit Utrecht in

cum laude

University, where she served as a

note and comment editor of the

Northwestern University Law Review

and was inducted into the Order

of the Coif, her M.A. in political

science from the University of

in journalism, with highest honors,

from the University of Illinois at

Urbana-Champaign.

As associate dean for faculty

development, Rodrigues will

work closely with the law school’s

faculty, especially its untenured

professors, to expand and promote

scholarly activities.

Rodr

the fall of 2005 and was named

the holder of the M.E. Kilpatrick

Virginia, Illinois, Minnesota, Fordham, Emory,

reviewed Journal of Corporate Finance.

Prior to coming to Athens, she was a corporate

specialized in corporate law and technology

Rodrigues earned her bachelor’s degree

summa cum laude from Georgetown

University, her master’s degree in comparative

literature summa cum laude from the

from the University of Virginia, where she

served as editor-in-chief of the Virginia Law

Review and was inducted into the Order of

the Coif.


Association Professionalism Award.

Oregon in the course of its opinion in Powerex Corp.

v. Department of Revenue

addressed the attribution of sales of natural gas and

electricity for state corporate income tax purposes.

Associate Professor Hillel Y. Levin has been

term.

Associate Professor Timothy Meyer’s book

Goldilocks Globalism: The Rise of Soft Law in

International Governance was the focus of a Temple

conference in the fall.

Associate Professor Lisa Milot’s

Washington and Lee Law Review

Perez v. Commissioner, a

case concerning the proper taxation of proceeds from

egg donation.

Lori A. Ringhand participated

in an “Author Meets Critics” panel at the American

her book Supreme Court Confirmation Hearings and

Constitutional Change. This coauthored title was

named a 2014 Outstanding Academic Title by Choice,

a publication of the Association of College and

Dean Peter B. “Bo” Rutledge has been named

dissemination of social science research and is

composed of a number of specialized research

networks in each of the social sciences.

Georgia Athletic Association Professor David E.

Shipley was named an ex-officio voting trustee of

the UGA Foundation.

Martin Chair James C. “Jim” Smith was named

conducting interdisciplinary legal scholarship on

will serve as the organization’s president during

Alan Watson, retired Distinguished Research

Professor, received an honorary professorship

from the University of Edinburgh. A title conferred

only on individuals of high academic distinction,

the professorship will run for 10 years and will

university.

Carol A. Watson

Edison: Law and Technology

Carol A. Watson

Thomas “T.J.” Striepe

published chapters in Law Librarianship in the

Digital Age, which was presented the American

Recent faculty appointments and honorsAssistant Professor Kent H. Barnett’s article “The

Consumer Financial Protection Bureau’s Appointment

American University Law Review

on separation of powers questions surrounding the

Federal Consumer Financial Protection Bureau’s

structure.

Callaway Chair Emeritus Ronald L. Carlson was

awarded a faculty medallion from the Institute

medallion is given to conference speakers who

have obtained an evaluation rating of 4.5 or more

on a 5-point scale at least three or more times from

conference attendees.

Assistant Professor Nathan S. Chapman’s article

Yale Law

Review

concurring opinion in Department of Transportation et

al. v. Association of American Railroads.

Assistant Professor Jaime L. Dodge served as

conference brought together dozens of current District

Court and Court of Appeals judges as well as the most

prominent multi-district litigation attorneys from

Associate Professor Matthew I. Hall’s article

Fordham Law Review

Floyd and Ligon v. the

City of New York

Department’s “stop and frisk” policy.

Walter

Hellerstein’s treatise on state taxation was cited

Alabama Department

of Revenue v. CSX Transportation, Inc

has observed, we recognize a ‘wide latitude state

legislatures enjoy in drawing tax classifications

professions.’” Id.



Thomas A. Eaton retired on

Eaton taught courses in torts, constitutional

litigation, health care regulation and workers’

students has been a great joy. “I love their

enthusiasm. I love observing them grow

during the first year, and I love the lasting

relationships we form.”

Eaton added that he is proud of the role he

On the scholarship front, he hopes the empirical studies he worked on with

Teaching Professor David B. Mustard “added something new” and “important to

our understanding of how the tort and workers’ compensation systems actually

a UGA Creative Research Medal, which was awarded for his systematic and in-

Eaton’s law school service will continue as he will become a member of the

Board of Visitors in the fall.

plans to spend some time on the golf course feeding his newfound “addiction.”

María Eugenia Giménez

associate director of the Dean Rusk Center

Giménez developed and directed

which had more than 1,000 participants

from the judiciaries of Argentina, Armenia,

organizations in 40 countries on five continents was among her biggest

accomplishments during her tenure. “It makes me very happy to leave this

legacy to future generations of lawyers.”

At present she intends to continue residing in Athens, but will embark on

“a long list of international trips” as she begins her retirement.

Walter Hellerstein

Distinguished Research Professor, retired

Although he will no longer be teaching,

the research, writing and related activities”

that occupied most of his academic career.

“These include, most importantly, the ‘care

and feeding’ of my two-volume treatise,

State Taxation, and my work as an academic

Paris in connection with the development of the International VAT/GST Guidelines.”

that include, in addition to work at the OECD in Paris, speaking at the first General

International VAT/

GST Guidelines

in Gainesville during October and presenting a paper on specialized tax courts in

multijurisdictional systems at a conference at the Vienna University of Economics and

Business (where he will also teach a course on comparative cross-border direct and

C. Donald Johnson

more than one decade.

The center made significant strides

in fulfilling its mission of increasing the

understanding of global legal and policy

include the expansion of summer legal

study and work abroad opportunities for

trade policy issues and on related career opportunities. “I learned the importance of

been invaluable to me throughout my career, and I hope some of my counsel to students

has been of value.”

the works.


The Law of American Health Care (Aspen/Wolters Kluwer Law & Business, forthcoming 2016) (with N. Huberfeld and K. Outterson); “The Fragility of the Affordable Care Act’s Universal Coverage Strategy” in 46 University of Toledo Law Review (forthcoming 2015); and “Crafting a Narrative for the Red State Option” in 102 Kentucky Law Journal 381 (2013–14).

“Rethinking Religious Minorities’ Political Power” in 48 U.C. Davis Law Review (forthcoming 2015); Statutory Interpretation: A Practical Lawyering Course (West, 2014); “Tax Credit Scholarship Programs: A Model Statute for a Better Program” in 1 Education Law and Policy Review 59 (2014) (peer reviewed); and “Intentionalism Justice Scalia Could Love” (book review of The Nature of Legislative Intent by R. Ekins) in 30 Constitutional Commentary 89 (2014) (peer reviewed).

Timothy Meyer Goldilocks Globalism (Oxford University Press, forthcoming) (with A. Guzman); book review of Economic Foundations of International Law by E. Posner and A. Sykes in 108 American Journal of International Law (forthcoming); “From Contract to Legislation: The Logic of Modern International Lawmaking” in 14 Chicago Journal of International Law 559 (2014); “Explaining the Energy Regime Complex” (book review of The Politics and Institutions of Global Energy Governance by T. Van de Graaf ) in 8 Carbon & Climate Law Review 146 (2014); and “The Role of Science in Adducing Evidence of Climate Change” in The Oxford Handbook of International Climate Change Law (C. Carlarne et al. eds.) (Oxford University Press, 2014).

“The Idea of the Casebook: Pedagogy, Prestige, and Trusty Platforms” in 11 Washington Journal of Law, Technology & Arts (forthcoming 2015) (with L. Loren); and “Error Costs & IP Law” in 2014 University of Illinois Law Review 175.

“Ignorance, Harm, and the Regulation of Performance-Enhancing Substances” in 5 Harvard Journal of Sports & Entertainment Law 91 (2014).

“Ethical Issues for Transactional Attorneys Here and Abroad” in 15 Transactions: The Tennessee Journal of Business Law 593 (2014) (with C. Goforth, C. Plump and U. Rodrigues).

“The Institutionalization of Supreme Court Confirmation Hearings” in the Law and Social Inquiry (forthcoming) (with P. Collins); and “Voter Discrimination: A First Amendment Challenge to Voter Participation Restrictions” in 13 Election Law Journal 288 (2014).

Usha Rodrigues “Mispricing Corruption” in the Journal of Law and Politics (forthcoming 2015); “The Once and Future Irrelevancy of Section 12(g)” in 2015 Illinois Law Review (forthcoming); “David and Director Primacy” in 62 UCLA Law Review Discourse 82 (2014); “The Effect of the JOBS Act on Underwriting Spreads” in 102 Kentucky Law Journal 925 (2014) (symposium); “Ethical Issues for Transactional Attorneys Here and Abroad” in 15 Transactions: The Tennessee Journal of Business Law 593 (2014) (with C. Goforth, C. Plump and C. Morgan); and “What All-Cash Companies Tell Us About IPOs and Acquisitions” in 29 Journal of Corporate Finance 111 (2014) (with M. Stegemoller).

Peter B. “Bo” Rutledge “The Testamentary Foundation of Commercial Arbitration” in the Ohio State Journal on Dispute Resolution (forthcoming 2015); “An Empirical Assessment of Arbitration Clauses in Credit Card Agreements” in Access to Civil Justice (S. Estreicher ed.) (Cambridge University Press, forthcoming); “From Custom to Cooperative Federalism: The Case of Judicial Assistance Treaties in the United States” in Treaties in American Law (G. Fox and P. Dubinsky eds.) (Cambridge University Press, forthcoming); and “‘Sticky’ Arbitration Clauses? The Use of Arbitration Clauses after Conception and Amex” in 67 Vanderbilt Law Review 955 (2014) (with C. Drahozal).

Susan G. Schaffer, who served as the

managing attorney of the law school’s

Family Violence Clinic for 14 years, left the

Under her supervision, law students

helped victims of abuse gain access

to the legal system in Athens-Clarke

and Oconee counties while developing

their interviewing, case preparation,

estimates that she mentored around 200

continued to use the knowledge and skills

that they learned at the clinic and have

gone on to work with victims of domestic

violence in various capacities. I know that

they are making a tremendous impact in

their communities.”

her students to think about their health

and to try to balance their lives and their

careers. “As a professional and a mother,

I tried to model what it was like to juggle

a job and the daily demands of my other

full-time job.”

attorney at the Athens-Clarke County

Thank you for your service.



“The Preliminary Injunction Standard in Diversity: A Typical Unguided Erie Choice” in 50 Georgia Law Review (forthcoming); and “The Empty Promise of VARA: The Restrictive Application of a Narrow Statute” in 83 Mississippi Law Journal 985 (2014).

Glannon Guide to Property, 3d ed. (Wolters Kluwer, 2015); and Real Estate – Emanuel Law Outline, 3d ed. (Wolters Kluwer, 2015) (with R. Malloy).

“In-sourcing Corporate Responsibility for Enforcement of the Foreign Corrupt Practices Act” in 51 American Criminal Law Review 199 (2014).

Introducing two new legal research and writing instructors

Patrick D. Conner and Susannah P. Mroz.

Both also lead courses in document drafting, concentrating in contracts and

litigation, in addition to teaching legal research and writing.

state courts.

Conner’s work has been published in Investment Lawyer, and he has been

quoted in Investment Adviser Week as well as the Washington Post.

cum laude and with honors in 1995 and his

cum laude

Mroz came to UGA with six years of experience as a lawyer specializing in

The Federal Lawyer, the Inside

Edge E-Newsletter, QuickCounsel and BizVoice.

summa cum laude

served as executive articles editor for the Indiana Law Review. Prior to law school, she pursued graduate work

from Calvin College.

Christian Turner “Origins of the Public/Private Theory of Legal Systems” in Private Law: Key Encounters with Public Law (K. Barker and D. Jensen eds.) (Cambridge University Press, 2014).

“SFRs and Problems in Tax Administration and Enforcement” in 146 Tax Notes 363 (2015) (reprinted in 2015 Tax Notes Today 12-12, Jan. 20, 2015); and “Tax Lawyers, Ethical Obligations and the Duty to the System” in Ethical Duties to the Tax System: A Handbook (S. Schumacher and M. Hatfield eds.) (University of Washington, 2015) (reprinted from 47 Kansas Law Review 847 (1999)).

“The Open Access Advantage for American Law Reviews” in 3A Edison: Law and Technology 1 (2015) (with J. Donovan and C. Osborne), available at www.jptos.org/uploads/edison/edison2015-03A.pdf.

Constitutional Torts, 4th ed. (LexisNexis, forthcoming 2015) (with T. Eaton, S. Nahmod and F. Smith); “Constitutional Remedies: Reconciling Qualified Immunity with the Plaintiff ’s Right to Vindication” in the St. John’s University Law Review (forthcoming 2015); and Federal Courts, 3d ed. (Thomson/West, 2015) (with W. Marshall and G. Nichol).

“Student Press Exceptionalism” in 2 Education Law and Policy Review (forthcoming 2015) (invited) (peer reviewed); “The Stealth Press Clause” in 48 Georgia Law Review 730 (2014); “Press Exceptionalism” in 127 Harvard Law Review 2434 (2014); and “First Amendment Neighbors” in 66 Alabama Law Review 357 (2014).


“Superstar Judges as Entrepreneurs: The Untold Story of Fraud-on-the-Market” in 48 U.C. Davis Law Review (forthcoming 2015).

“National League of Cities v. Usery and the Return of Constitutional Federalism” in91 University of Denver Law Review 221 (2014); book review of Against the Profit Motive: The Salary Revolution in American Government, 1780–1940 by N. Parrilloin 74 Journal of Economic History 630 (2014); and “Legal History in Context” in Teaching Legal History: Comparative Perspectives (Widley & Sons, 2014).

Editor of and contributing author to Learning from Practice, 3d ed. (Thomson West, forthcoming 2015).


Law School Life

State Bar of Georgia Midyear Meeting receptionGeorgia Law alumni/alumnae gathered in January at McKenna Long & Aldridge for

a reception held in conjunction with the State Bar of Georgia Midyear Meeting in

Atlanta. Pictured are: (l. to r.) Natalie Woodward (J.D.’02), Utrophia Robinson (J.D.’14),

Director of Advocacy Kellie Casey (J.D.’90), Maggy Randels (J.D.’14) and

Allison Hill (J.D.’14).

View more photos from this year’s law school events at

www.law.uga.edu/photo-gallery.

Annual Superior Court judges reception Georgia Law alumni/alumnae and friends attended a law school

reception in honor of the state’s Superior Court judges, who were in

Athens for their annual winter seminar. Several members of the Class

of 1978, who are all current Superior Court judges, paused for a photo

together: (l. to r.) Lark Ingram, Robert Mumford, Brenda Trammell,

Wade Crumbley, Mary Staley and Penny Haas Freesemann.

2015 BLSA BanquetThe Davenport-

Benham Chapter

of the Black Law

Students Association

held a banquet in the

spring for past and

present members,

including: (l. to r.) first-year student Riane Sharpe; Nyota Tucker (J.D.’74),

the first African-American female graduate of Georgia Law; and

first-year students Ashley Smith and Jamila Toussaint. All four women

earned their undergraduate degrees from Howard University.

t d t Ri Sh N t T k (J D’74)

Inaugural Fellows selected for

Georgia Sea Grant Legal ProgramTwo Georgia Law students were selected as the inaugural Fellows of the Georgia Sea Grant

Legal Program, which is a partnership between Georgia Sea Grant and the Carl Vinson

Institute of Government at UGA. Third-year student Hunter Jones (left) and second-year

student Amble Johnson worked with legal and policy experts to address environmental

questions facing policymakers in coastal Georgia communities.

Law review editors meet with federal judgeU.S. District Court for the Northern District of Georgia Judge Leigh Martin May (J.D.’98)

recently visited Georgia Law, where she met with the Georgia Law Review executive

boards for the 2014–15 and 2015–16 academic years. At the gathering there was an

opportunity to get a photo of five editors-in-chief – past, present and future – of the

publication: (l. to r.) Professor Elizabeth Weeks Leonard (J.D’99), second-year student

Peyton Bradford, Executive Director of UGA Legal Affairs Michael Raeber (J.D.’93), third-

year student Evelyn French and May.

37 Advocate 2015

STUDENT BRIEFS

Student Profilesising third-year law student Jonathan J. Stuart is forging his own path. He is the first member of his immediate family to leave his home in the Bahamas

to come to the United States, the first to graduate college and the first to attend law school. After watching his mother, whom he refers to affectionately as “Mummy,” and his father work tirelessly for decades, Stuart knew he had to pursue a new direction for himself.

Stuart’s mother has been employed with Scotiabank since graduating from high school. She works in the compliance department with attorneys who ensure the bank is following applicable rules and regulations. When he was younger, Stuart would often accompany his mother to her job and was inspired by their work.

“Growing up I would talk to these attorneys, and I thought it was really interesting stuff,” he said. “I found that they were real shakers in the company. They made stuff happen. I always liked that about the attorneys from her job and that’s what made me want to be an attorney. I felt like I could be a mover and a shaker.”

Stuart’s uncle, a practicing dentist and faculty member at the Harvard School of Dental Medicine, encouraged him to attend college in the United States, and more specifically in the South, feeling the atmosphere and culture here is most similar to the Bahamas.

“My uncle went to school up North and it was cold and you have to fend for yourself. There’s a different feeling [in the South],” Stuart said. “It’s friendly. People are always saying good morning; always recognizing people; looking them in the eye and treating someone like they’re a person, not just a means to an end.”

ecent Georgia Law graduate Jacob A. “Jake” Weldon has always been a family man. He grew up in a close-knit family in Barnesville, Georgia, as one of four boys. By the time he was 12, he was working with his brothers and father in

their family business, M&D Masonry. After the events of Sept. 11, and with aspirations of eventually becoming an FBI agent,

Weldon seized the opportunity to join the U.S. Marine Corps. As a ground intelligence officer, he served two tours in Iraq and Afghanistan. One of the most rewarding aspects of his deployments was his ability to have a positive impact on local families.

“We opened a school in Afghanistan that the Taliban had closed for a long time. Within a few days it was full,” Weldon said. “Parents were getting threatened by the Taliban but they were still sending their kids to school.”

At the end of his military service, for reasons from technological glitches to budget cuts, Weldon struggled with a prolonged application process with the FBI. This became

Stuart took his uncle’s advice and attended Valdosta State University as an accounting and finance major. He continued to branch out by joining the Alpha Phi Alpha fraternity, despite not knowing what a fraternity was. The experience put him out of his comfort zone in several ways, from meeting new people to trying ballroom dancing.

After graduation, Stuart decided to stay in the state he had come to call home and enrolled at Georgia Law. As a first-year student he joined the Davenport-Benham Chapter of the Black Law Students Association and recognized the benefits it had for himself and his classmates. He remained active in the organization and served as president during his second year, realizing he could help others who were also traveling in unchartered territory.

“[As president,] my responsibility is to work to make sure there’s a good community at Georgia Law for black students,” Stuart said. “Some students probably don’t have any family members who are lawyers. Some may be like I am, the only person from their family who even graduated from college. I want to be part of the support system for all of these people.”

R

R

www.law.uga.edu

STUDENT BRIEFS

hen talking with rising second-year student Carol L. Williamson, one of the first things she will tell you

about is her love for adventure – whether that means taking a road trip to visit friends living in new cities or flying in a puddle-jumper plane to summit Mount Kilimanjaro while recovering from malaria.

The travel spark ignited during Williamson’s junior year of high school, when she left her family and small private school in Savannah, Georgia, to live with a host family for a year in Rome, Italy.

The influential experience helped her choose her undergraduate major, international affairs. In her junior year at UGA, she was awarded a scholarship to fund an internship she would complete in Ghana through the university’s Honors Program. During her month in Africa, Williamson worked on projects like helping the people of Ghana understand the rules of their new Constitution and setting up schools for freed child slaves.

Williamson’s work in Ghana ultimately influenced her next adventure: teaching for two years in rural Hazlehurst, Mississippi, in the Teach for America program.

“Setting up the schools [in Ghana] really pushed me into applying for Teach for America [and deciding] that maybe I didn’t want to go straight into law school,” Williamson said. “I was really passionate about going back over to Ghana, or anywhere in Africa, and just helping. You see a lot and you think ‘that’s unfair.’ Then I realized all the problems I saw there. … There are equally terrible problems in the education system and for children growing up in America.”

Williamson’s job teaching introduced her to new challenges daily. After training an entire summer to teach third grade, she was told she would be teaching 125 sixth graders. While she considers herself to be an “English/history-person,” she was instructed to teach math and science. There were also social barriers she would face.

“I had to learn to be comfortable talking about race with my students,” Williamson said. “Just the fact that I was white made me an alien to them. I crossed a lot of cultural boundaries that I had never crossed before. … I was out of my element, but by the end of my time there, [the entire school community] was my second family.”

As her time teaching came to an end, Williamson applied to law school. Her parents, Georgia Law graduates J. Reid Williamson III (J.D.’85) and Wendy W. Williamson (J.D.’85), warned her about the heavy workload and long hours facing her in law school and a legal career. True to her character, the younger Williamson is rising to the challenge.

“My mom has always said I’m her ‘adventurer,’” Williamson said. “I love to get out and try new things, whether it’s going to a new restaurant or going to a new country, or meeting new people, trying something [new] or challenging myself. … I always like to have something new on the horizon, and I’m aware of a learning curve. I’m not afraid to go out and know that I’ll probably fail something at first and then figure it out.”

a blessing in disguise as it gave him time to travel to Roatan, Honduras, where he met his wife, Sarah. The two were married 11 months later and welcomed their first daughter two years to the day after they met. Becoming a husband and father changed Weldon’s plans.

“The FBI no longer had the same appeal to me,” he said. “I thought I would be able to serve in a different capacity and be a better father and family man by starting my own law practice. That’s been my goal in law school.”

Earning a law degree was far from easy for Weldon, as his wife and two daughters lived in his hometown with his family in middle Georgia while he commuted to Athens each week for class.

“If it weren’t for my faith, I can say with 100 percent certainty I wouldn’t have been able to do it. I think God gives us the strength to do what he’s called us to do,” Weldon said.

His faith also prompts Weldon to be influential in the lives of others. He and his brothers are leaders in the boys’ Sunday school class at their church, and they participate in mission trips to Haiti to aid orphans impacted by the 2010 earthquake.

“I would encourage anyone to do that sort of thing,” Weldon said. “It really puts things in perspective and helps you to appreciate the little things you have. When you can appreciate the little things, being happy and being content in any given situation, it becomes a lot easier.”

Weldon dreams of starting his own law practice and is unsure about what his future holds. What he does know is this: “I want to be the best father and husband I can be. That’s a constant as far as what I’ll be doing. I’ve learned that we have our plans and God has his. I’m open to what he calls me to do.”

Carol Williamson: An adventurer at heart

W

—All profiles by Courtney Lee Brown


Georgia Law won the first ever National Trial Advocacy Tournament this past fall. Third-year students

Garrett S. Burrell, Joshua H. “Josh” Dorminy, Whitney T. Judson and Ashley R. Wright teamed up to bring

home the top trophy. Additionally, Dorminy was named as the best advocate of the final round, and

Judson was selected for delivering the best closing argument in the preliminary rounds.

Invitational Mock Trial Competition

Third-year students Joshua H. “Josh” Dorminy, Whitney T. Judson, Patrick A.

Najjar and Andrew M. Whittaker and second-year student Meredith A. Gardial

finished the William W. Daniel National Invitational Mock Trial Competition as

finalists. The team was coached by Prosecutorial Clinic Program Director Alan A.

Cook (J.D.’84) in this contest.

Andrews Kurth

Championship

Third-year students

Candace D. Farmer, M.

Laughlin Kane and Alicia N.

Luncheon completed the

Andrews Kurth Moot Court

National Championship as

semifinalists. This invitation-

only tournament is for the top 16

moot court programs from across the

country (based on performances during

the 2013–14 academic year), and our

students prepared the third best brief of

the contest.

Moot Court Competition

UGA continues to dominate

in the annual courtroom

battle with the University of

Florida. This tournament is

traditionally held the Friday

before the Georgia-Florida

football game. Second-year

students Aaron D. Parks and

E. Keith Hall secured the win for Georgia

Law this academic year. The law school’s

overall record in the competition is now

21-9-2.

Ethics and Professionalism Moot Court Competition

Georgia Law finished as

finalists in the Legal Ethics and

Professionalism Moot Court

Competition held in the fall.

Third-year students Spencer E. Schold

and Chelsea E. Ivey represented the

law school in this tournament.

championship and have strong finishes in others

Georgia Law’s Andrews Kurth Moot

Court National Championship team

included third-year students: (l. to

r.) Candace Farmer, Laughlin Kane

and Alicia Luncheon.

Continuing the winning

tradition in the Florida/

Georgia-Hulsey/Gambrell

Moot Court Competition were

second-year students Keith

Hall (left) and Aaron Parks.

Third-year students Chelsea Ivey (left)

and Spencer Schold competed in the

Legal Ethics and Professionalism

Moot Court Competition.

Representing Georgia Law in mock trial competitions during the 2014–15 year

were: (l. to r.) third-year students Patrick Najjar, Josh Dorminy, Whitney Judson

and Andrew Whittaker. Not pictured: third-year students Garrett Burrell and

Ashley Wright and second-year student Meredith Gardial.

STUDENT BRIEFS


At any time throughout the year,

On-campus interviews

alumni jobs board

Résumé collections

Career Development Office

| [email protected] Development Office to assist you

Transactional

representing the school in two

academic year. Both returned to

Athens after earning recognition

among their peers for their

drafting and negotiation skills.

Third-year students Katherine P. “Kate”

champions at the southeastern regional

of the national negotiation tournament.

southwestern regional.

and third-year students Kate Bell

southeastern regional round of the

Oxford program tours

spend a semester living and

studying law at the famed

university in Oxford, England. This

year’s students enjoyed a field trip

minister-counselor for political

STUDENT BRIEFS

summer.

funds to law students who spend their summers working in the public interest

arena, providing networking opportunities for students pursuing public interest

promoting the viability of public interest law careers.

silent auctions.


Each year, the Georgia Law community gathers to recognize the

outstanding achievements of its students and faculty during

Awards Day. Honors range from outstanding performance in an

individual class to induction into the school’s Order of the Coif,

which is one of the highest academic accolades a recent law

school graduate can receive as membership is reserved only for

those who finish in the top 10 percent of the class.

Class of 2014 Order of the Coif inductees include: (front, l. to r.)

Katie O’Shea, Bryan Lutz, Lindsay Jones, Allison Hill, Victoria

Cuneo, Ellen Clarke, Anne Baroody, Brian Abrams, (back, l. to r.)

Dennis Vann, Matthew Traut, Steven Strasberg, Jordan Seal, Kimberly Scott, Maggy Randels and Thomas Powell.

Also inducted but not pictured are: Wayne Cartwright, Melissa Conrad-Alam, Joseph Crumbley, Charles McCranie,

Joe Reynolds, James Roberts and Koleen Sullivan.

Order of the Coif named

View more 2015 commencement photos

at www.law.uga.edu/photo-gallery.

COMMENCEMENT

Graduates (l. to r.) Bradford Patterson, Michael Johnson, Michael MacBride

and Zack Kelehear pause for a photo during the day’s celebration.

Phot

o by

Den

nis M

cDan

iel.

Before the ceremony (l. to r.) Hannah Jarrells, Ann Tipton Lesslie,

Hali Hill and Jill Hauserman smile for the camera.

Phot

o by

Den

nis M

cDan

iel.

support law school programs and services.

Phot

o by

Den

nis M

cDan

iel.


2015022 51022 51CLASS of

George Ray (right

enjoys the day with

his father, George M.

and his mother, Patsy

‘drum majors for justice’

challenges and overcoming hardships and for being “such an outstanding

graduating class.”

that each one of you all will be very successful attorneys in whatever practice of

law you enter.”

responsibility, honor and service.

public’s view and how the public thinks about lawyers,” he said. “You will have

the responsibility to represent the legal profession in a positive manner. In the

communities you go to live in, you will be the symbol for the law. Through your

words and actions, you will become the face of the legal profession.”

that the constitutional rights of all citizens are protected.

Being a lawyer is “a privilege that you must respect” and you should be thankful

for the opportunity. “It is a tremendous honor to have someone trust you to

helping others.

“I highly recommend to you that one of the best ways to represent the legal

profession is through community service,” he said. “One of the greatest

opportunities you will have as a lawyer is serving other people.”

the keynote address at this year’s

Commencement ceremony.

a moment to snap

a photo with her

great uncle

Phot

o by

Den

nis M

cDan

iel.



Maybe it’s to support students like Hannah …

She is a Georgia resident who, from age seven, knew she wanted to be a lawyer. “Actually, when I was seven, I wanted to be on the Supreme Court,” she said. Though she applied to numerous law schools throughout the South, it was Georgia Law’s generous scholarship offer that made law school a possibility for her. After one year, Hannah has made a strong impression. Director of Advocacy Kellie Casey (J.D.’90) said Hannah has the “outstanding advocacy skills” needed to be a future lawyer.

A gift to the Law School Fund is an investment in students like Hannah.

Maybe it’s to support the next generation of leaders …

Georgia Law alumni have simultaneously led all three branches of state government – executive, judicial and legislative – twice in Georgia’s history. Georgia Law graduates include 11 governors, numerous U.S. and state senators and representatives, distinguished federal and state judges and prominent community and business leaders.

A gift to the Law School Fund is an investment in our future leaders.

Maybe it’s to support your own professional advancement …

If you are like the majority of Georgia Law alumni/alumnae, you have tremendous pride in your law school. You expect your law school to have a dedicated faculty of excellent teachers, scholars and practitioners. You understand it must continuously align its curriculum to better meet the needs of the demanding legal marketplace. You want it to provide a first-rate legal education to your future colleagues. You believe alumni/

Join the Challenge …

alumnae investment increases the value and prestige of your law degree.

A gift to the Law School Fund is an investment in the legal profession.

Whatever your reasons for giving to Georgia Law …

Your charitable gift has never been more critical. Since the climate surrounding today’s

law schools is increasingly competitive (rising tuition costs, declining applications and uncertainties in the legal employment marketplace), private giving to this law school provides the margin of excellence you have come to expect from your legal alma mater.

Your charitable gift has never had the potential to be more powerful than it does this year.

A Challenge Fund

In support of Dean Peter B. “Bo” Rutledge’s vision, several benefactors established a Challenge Fund that will match, dollar for dollar, all new and increased gifts to the Law School Fund. The Law School Fund has been strategically realigned to place an even greater emphasis on scholarship funding. This Law School Fund will direct more resources to scholarship funding than ever before. For example, your new Law School Fund gift of $250, with the Challenge Fund, will have the impact of a $500 gift. Our goal is to raise significant new money for new scholarships – as many as 60 new three-year scholarships at the $5,000 level for your future colleagues: tomorrow’s local, state and national leaders; and students just like Hannah.

No more maybes, join the challenge.

Moser to lead advancement team

professor for the past three years and who has provided the law school with numerous years of

school’s director of development and, most recently, as its principal gifts officer. Throughout her

first-rate legal training and producing world-class scholarship in service to our state and nation.

ALUMNI/ALUMNAE ACTIVITIES

had always envisioned from a young age that I would do several things. I would become an Army officer. I would become an airborne ranger. I would go to West Point,

and I would lead soldiers in combat,” said 2009 Georgia Law alumnus Robert L. “Rob” Swartwood II. “And then all of those things happened to me.”

Swartwood has always aspired to serve and spent most of his formative years orienting around these military ambitions, considering serving his country and fellow man to be a calling rather than a goal.

He spent three years as an enlisted soldier before enrolling in the U.S. Military Academy at West Point. Just three months after his graduation, the terror attacks of Sept. 11 shook the foundation of the nation. Four months after arriving at his first assignment, Swartwood – then an infantry officer in the 82nd Airborne Division – was placed in charge of the lives of 82 men on the Afghanistan-Pakistan border.

Swartwood looks back on his military career with fondness, attributing much of his development and preparation for life to that time. However, after tours in both Afghanistan and Iraq, where he earned two Bronze Star Medals for his combat service, he felt it was time to leave the military and serve in a different way – through law.

Hailing from Michigan, he and his wife, a Georgia native, discussed moving to the Atlanta area to be close to her family and to raise their own. Thus, he found himself enrolled at Georgia Law.

Very early into law school, Swartwood developed an interest in business law. He thrived in the area, becoming the president of the Business Law Society in his third year and, with the help of Business Law and Ethics Program Instructor Carol Morgan (J.D.’79), he assisted with the formation of Georgia Law’s negotiation competition program.

After graduation from law school, Swartwood entered the world of corporate law.

“My timing is impeccable,” he said. “Just as I graduated from the military academy at a time in which our nation was going to war, I graduated law school at a time when our economy was in the tank.”

All jokes aside, Swartwood said he thoroughly enjoys his work as an associate in Sutherland Asbill & Brennan’s Atlanta office.

“What I like most about the law and working with clients is this idea of being their counselor,” Swartwood said. “With my military experience I’ve been able to earn a lot of trust from clients and engender a spirit of understanding of their plight as business owners and executives who are charged with the responsibility to go into the marketplace and offer a service and return value to the owners of the company. That’s something I can sympathize with and relate to.”

In 2012, Swartwood and his wife became business owners themselves when they took over Ranger Coffee, which is a company that had been started by a West Point classmate. The coffee product is hyper caffeinated, meaning the beans used in the blend are infused with twice as much caffeine as a normal bean. A distinctive feature of their business is the promise that 50 percent of distributed profits go toward programs that benefit and empower veterans.

“[Our coffee] is sold for the purpose of making an impact. We believe the veteran community is uniquely postured to come home and serve America even after they’ve decided to stop serving in uniform.” Swartwood said. “We want to invest in the programs and organizations that are mentoring [veterans], growing them, helping them transition and making them better stewards of the experiences they’ve been given so that they can go out into the world and continue to serve America in exceptional ways. That’s our mission.”

And it is also another way Swartwood has found to answer the call to serve.


“What I like most about the law and working with clients is this idea of being their counselor.”

“I



eorgia Law alumna Audrey Boone Tillman (J.D.’89) has always felt a passion for learning what was interesting to her, even beyond what she needed to know.

“I’ve always been led by what is interesting to me, even down to course selection. I took classes as an undergraduate following certain professors,” Tillman said. “I would take all five of their courses because I liked their way of thinking, their approach or how they made me think, even outside my major.”

This drive followed Tillman to law school, where she continued to mold her studies around what she was attracted to, regardless of what others recommended or how the course might relate to her future career plans.

“At [law school], I didn’t take some of the ‘core’ courses that everyone says, ‘You have to take these.’ I didn’t take them. I took Women in the Law, Rights of the Confined … things that were interesting to me,” she said. “You have a certain amount of time, right? I’d rather do something where I will learn or increase my knowledge of the world, rather than ‘I’ve got to do this just for this test.’”

Tillman’s unique style of learning has certainly benefitted her throughout her career. She began working for Aflac in 1996 in the labor and employment law division with Georgia Law alumni Kathelen V. Amos (J.D.’82) and Joey M. Loudermilk (J.D.’78). Though she has served as an executive vice president and as general counsel for the past year, it was her work outside the legal field for the company starting in 2001 that expanded her knowledge of the insurance provider and allowed her to explore new ways to work with people.

“Our CEO asked me if I would consider an opportunity to go and lead human resources, which was a big promotion for me, level wise and responsibility wise, because we’re not really trained as lawyers to manage people,” Tillman said. “I’m typically pretty good with people. It goes back to wanting to understand things and understand people. I always was able to pride myself on being able to get along with people and rally people around a common goal.”

G Tillman’s work with the employees of Aflac has been a truly public success, with the company being named to Fortune’s “100 Best Companies to Work For” list for 17 consecutive years. In 2013, she was named to Black Business’ “25 Influential Black Women in Business” list. While these accolades are certainly nice, they hold a somewhat different meaning for Tillman.

“What I’m so pleased with is even if we didn’t get any of [the awards], if Fortune didn’t say we were one of the 100 best places

to work for, our employees would still think so. If Black Enterprise didn’t think our company was one of the best places for diversity, our employees would still think so,” she said. “I see my role as making sure we are who we say we are.”

One thing Tillman said she has learned about managing people is that you do not do it all by yourself.

“I am attributed a lot of success and great things because of hard work that people working with me have done,” she said. “Conversely, sometimes I’ve taken lumps for things that my hand didn’t touch, but it’s the team. You have to take everything that comes with it.”

Tillman hopes her goals for the company and the work she does influence all of those who are watching.

“I want everyone to know that me being in the positions I’ve been in, and been afforded the opportunities I’ve been afforded, it’s attainable and

it’s doable,” she said. “[Everyone] has the responsibility then to do [their job] well, and to do it so people coming behind [them] will find it easier and it will be better for them.”


“I’m typically pretty good with people. It goes back to wanting to understand things and understand people.”



eorgia Law alumnus Richard L. “Rick” Shackelford (J.D.’79) believes there is something about the health care industry that attracts individuals who are

passionate about helping people. He never imagined himself where he is today, but he is hoping to help others find their way.

An avid reader and lover of history since childhood, Shackelford studied the ancient Greco-Roman era as an Honors Program student at UGA. His goal was to obtain a Ph.D. in history, but his plans were altered.

“There was a glut of history Ph.D.s as I was told by my faculty adviser at the time, and getting Ph.D. placements would have been difficult, and finding a job would have been difficult,” Shackelford said. “I remember my faculty adviser saying, ‘You should go to law school. There would be a lot more opportunity.’”

He began law school in 1976 and took summer courses in order to earn his degree by December of 1978, knowing marriage to his wife, Honey, and a job with his brother, 1967 Georgia Law graduate L. Michael “Mike” Shackelford (now deceased), in real estate law were awaiting him. After a short time working with his brother, he realized real estate law was not what he wanted to do long term, so he began looking for work at business litigation firms in Atlanta. He was coming very close to accepting a job at a large law firm when an associate at what is now Bondurant Mixson & Elmore “salvaged his résumé out of a trash can” and decided to give him an interview.

When Shackelford accepted the job, Bondurant Mixson & Elmore was one of three firms with health care law practices in Atlanta. He worked in business litigation but got involved with those working in the area of health care when they needed his expertise. He enjoyed the work so much that he joined the group full time and specialized in health care litigation/government investigations for almost 35 years.

In 1985 Shackelford joined King & Spalding, where he was a partner and practiced until his retirement from law practice in December 2014. While at King & Spalding, he served as the national practice leader of the firm’s Healthcare Practice Group

and became active in the American Health Lawyers Association (AHLA). He served as president of the AHLA during 2010–11.

As Shackelford approached his retirement, he felt the desire to help others discover what a rewarding field health care law can be. To that end, he teamed up with Georgia Law Professor Elizabeth Weeks Leonard (J.D.’99) to set up and fund Georgia Law student memberships in the AHLA.

“By having those memberships, students get access to all of the content that AHLA publishes, which is a massive amount: updates on existing health care issues; all kinds of regulatory analyses; email alerts of any new policy, law or regulation that’s been adopted; and a great deal of information on the Affordable

Care Act, the health care reform law,” he said. Shackelford is pleased with the curriculum in health law that

the law school is now offering and is optimistic about the future of health care law and the potential it holds for Georgia Law students.

“When you say something is large, complex and highly regulated, it’s perfect for lawyers. The need for lawyers is always going to be there,” Shackelford said. “It’s a field of people who are interested in health care, and I think many of the people who work in health care companies went there because they want to be involved with the delivery and improvement of health care. There is a high percentage of nice folks in health care, because I think the field attracts that kind of person.”

After 35 years of hard work, Shackelford is looking forward to his retirement. He and his wife have a second home in the Classic City, where they plan to spend a lot of their free time.

“I owe so much to the university. It’s a very important part of my life,” he said. “That will continue in retirement, and I’ll be spending a lot of time in Athens. My wife and I like to walk our dog through campus. Just seeing the students and being in Athens with young folks around, it helps us feel young. We look forward to that.”


“There is a high percentage of nice folks in health care, because I think the field attracts that kind of person.”

G



served as editor-in-chief of the Georgia Journal of International

and Comparative Law as a student and has authored articles on both

international trade and aviation issues. Additionally, he has served on

the law school’s Board of Visitors. Active in professional and industry associations, Hunnicutt was a

member of the steering committee of the American Bar Association’s International Trade Law Section. He is an active member of the ABA Forum on Air and Space Law. He served as vice president of the American Society of International Law. Additionally, Hunnicutt is a former president and board member of the Washington Foreign Law Society and the International Aviation Club.

Loudermilk currently serves as a judge with the Juvenile Court of Georgia’s Chattahoochee Judicial Circuit, where his primary responsibility is to preside over cases involving children under the age of 17 from Chattahoochee, Harris, Marion, Talbot and Taylor counties.

Hunnicutt, Loudermilk and White given DSS Award

harles A. “Charlie” Hunnicutt (J.D.’75), Joey M. Loudermilk (J.D.’78) and Rebecca Hanner White are this year’s Distinguished Service Scroll Award recipients.

This accolade is the highest honor given by the Law School Association and recognizes outstanding dedication and service to the legal profession and law school.

Hunnicutt serves as senior counsel at Thompson Hine in Washington, D.C., where he leads the firm’s International Trade and Customs Practice Group. He specializes in all aspects of transportation and logistics, with particular emphasis on government regulatory matters and international policy.

Prior to joining Thompson Hine, Hunnicutt served as the U.S. Department of Transportation’s assistant secretary for aviation and international affairs, during which time he was responsible for commercial aviation policy including economic and regulatory issues as well as other international transportation and trade matters. He also gained experience in international trade while serving as legal adviser to the chair of the U.S. International Trade Commission and as executive assistant to the Under Secretary for International Trade at the U.S. Department of Commerce. Hunnicutt’s influence at Georgia Law spans four decades. He currently serves as chair of the Dean Rusk Center for International Law and Policy Advisory Board. He has played a role in several Rusk Center conferences focusing on both trade and aviation. He

C

O He earned both his undergraduate and law degrees from UGA. Upon graduation he became an enlisted member of the U.S. Army and the Georgia National Guard. Edenfield, a Georgia native from Bulloch County, began practicing law with Francis W. Allen in Statesboro in the firm that would eventually become Allen, Edenfield, Brown and Wright. He served as a deputy assistant attorney general of the state of Georgia and was elected to the Georgia State Senate in 1964.

In 1978, he was appointed to the U.S. District Court for the Southern District of Georgia by President Jimmy Carter, a

n May 9, 2015, Georgia Law lost an accomplished alumnus, faithful supporter and longtime friend of the law school with the passing of U.S. District Court Judge

B. Avant Edenfield (J.D.’58). “My family and everyone at the law school extend our deepest

personal condolences to Melvis, his wife, and the Edenfield family,” Dean Peter B. “Bo” Rutledge said. “Judge Edenfield was a man of impeccable character, who cared deeply about history and the power of ideas. He was a fierce patriot who embodied the ideals of the independent federal judge enshrined in our Constitution.”

B. Avant Edenfield


He recently retired from Aflac after a 31-year career where he servedas general counsel, executive vice president and corporate secretary. In 2013, Loudermilk was selected for Ethisphere Magazine’s list of “Attorneys Who Matter” in leading their companies “to the top of the ethics and compliance world.”

From 2010 to 2011, Loudermilk served on the Georgia Board of Education, a post he was appointed to by then-Gov. Sonny Perdue. He presently serves on the board of Goodwill Industries, the board of directors of Columbus Regional Health and the board of trustees of the Columbus StateUniversity Foundation. He is a member and former president of the Rotary Club of Columbus. He also serves as vice chairman of the Harris County Board of Commissioners, where he has been a member since 2008.

Loudermilk is the author of two books. In 1998, his short story, TheLawyer Riddle, won the fiction writing contest sponsored by the Georgia Bar Journal. He has also written a weekly column for the Harris County Journal for the last 11 years.

Loudermilk graduated with honors from Georgia State University in1975 before attending Georgia Law. He worked in private law practice in Columbus before joining Aflac in 1983 as head of the company’s newly-formed legal department.

White served as the leader of the law school from 2003 to 2014.Highlights from her deanship can be found on page 22.

She joined the law school’s faculty in 1989 and served as associate provost and associate vice president of academic affairs for UGA prior to being named the first female dean in Georgia Law history. In 2000, White receivedthe Josiah Meigs Award, UGA’s highest honor for teaching excellence. She has been selected by law students six times as the recipient of the Faculty Book Award for Excellence in Teaching and has also received the O’Byrne Memorial Award for Significant Contributions Furthering Student-FacultyRelations. She served as a UGA Senior Teaching Fellow in 2000–01 and has been inducted into UGA’s Teaching Academy. In 2002, she was selected as a Senior Faculty Fellow for the university’s Foundation Fellows Program.

White’s scholarship has been cited by federal and state courts across thecountry and includes numerous articles on employment discrimination and labor law. In addition, she is a co-author of Employment Discrimination and Cases and Materials on Employment Discrimination.

Notable judicial appointmentsBelow are some of the Class Notes “notables” from December

2013 to April 2015 showcasing recent federal and state judicial

appointments of Georgia Law alumni/alumnae. For a full listing

of all Class Notes, please visit www.law.uga.edu/alumni.

Julie E. Carnes (J.D.’75) U.S. Court of Appeals for the

Eleventh Circuit

Ron Mullins (J.D.’76) Chattahoochee Judicial Circuit

Superior Court

R. Chris Phelps (J.D.’76) Northern Judicial Circuit

Superior Court

Joey M. Loudermilk (J.D.’78) Chattahoochee Judicial Circuit

Juvenile Court

Brenda G. Trammell (J.D.’78) Ocmulgee Judicial Circuit

Superior Court

Jane Cook Barwick (J.D.’79) Fulton County Superior Court

Clay D. Land (J.D.’85) U.S. District Court for the

Middle District of Georgia

(chief judge)

J. Kelly Brooks (J.D.’87) Waycross Judicial Circuit

Superior Court

Marcia M. Ernst (J.D.’87) Sandy Springs

Municipal Court

Suzanne Smith (J.D.’88) Cherokee Judicial Circuit

Superior Court

Kelly A. Lee (J.D.’93) Fulton County Superior Court

(Drug Court)

M. Keith Siskin (J.D.’97) Sixteenth Judicial District

Circuit Court for the State of

Tennessee (presiding judge)

Dean C. Bucci (J.D.’97) Paulding Judicial Circuit

Superior Court

Leigh Martin May (J.D.’98) U.S. District Court for the

Northern District of Georgia

R. Stanley “Stan” Baker (J.D.’04) U.S. District Court for the

Southern District of Georgia

(magistrate judge)

Hillary A. Cranford (J.D.’07) Cobb County Probate Court


U.S. District Court Judge B. Avant Edenfield (J.D.’58)

received the law school alumni association’s highest honor,

the Distinguished Service Scroll Award, in 2008.

position he held for nearly three decades. He served as chief judge from 1990 to 1997 and assumed senior status in 2006, after which he was still a constant presence at the federal courthouses in Savannah and Statesboro.

In 2008, he received the law school alumni association’s highest honor, the Distinguished Service Scroll Award.

Edenfield is survived by his wife, Melvis; his brother, Gerald; his sister, Susie Waters; and numerous nieces and nephews.


Jere W. Morehead UGA President [email protected]

Kelly Kerner UGA Vice President for Development and Alumni Relations [email protected]

Peter B. “Bo” RutledgeSchool of Law Dean [email protected]

Non-Profit Org.U.S. Postage

PAIDPermit No. 165

Athens, GA

Why I Made a Planned Gift to Georgia Law…

“I owe the law school a substantial debt. It

provided me with a first-rate legal education

and its moot court program gave me my first

exposure to the principles of advocacy. The

faculty encouraged me to seek, and helped

me obtain, a Fifth Circuit clerkship and later

provided my first toehold in Washington, D.C.,

and the federal government. The contributions

I have made, and will continue to make, to the

school are only a partial repayment of this debt.”

“Being a graduate of the University of Georgia

School of Law has provided me with a wealth

of opportunities. I am the fortunate beneficiary

of many great Georgians who have gone

before me. Their legacy makes me proud to

call Georgia Law home. By making a planned

gift to the law school, I am privileged to help

ensure that its tradition of excellence endures

for future generations.”

Ronald S. Cooper (J.D.’69)

C. Knox Withers (J.D.’05)

A planned gift can be made in a variety of ways

but some of the most common and effective tools

include: the assignment of a life insurance policy, a

retirement plan asset, a charitable gift annuity or an

outright bequest in a will.

Gifts for any amount may be directed to a

particular purpose at the School of Law – such as

the Law School Fund, endowed scholarships, faculty

funds, law library accounts – or left unrestricted

to enhance our mission of educating the next

generation of lawyers and leaders.

Individuals who support the University of Georgia School of Law with a planned gift are members of the Verner F. Chaffin Society.

Advocate Magazine 2015

Documents

Transcript of Advocate Magazine 2015