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Transcript of Memphis Law Magazine - Summer 2014
A publication of the University of Memphis Cecil C. Humphreys School of Law
Volume 1 | Issue 1
Executive EditorRyan Jones
WritingRichard J. Alley
Ryan Jones
Lurene Kelley
Josh Spickler
Faculty News EditorKatharine Schaffzin
PhotographyRhonda Cosentino
Ryan Jones
Estate of Abe Fortas
Lyndon B. Johnson Library
Art Direction and Designarcher>malmo
Published ByThe University of Memphis
Cecil C. Humphreys School of Law
1 North Front Street
Memphis, TN 38103
(901) 678-2421
memphis.edu/law
1
Our goal in launching ML is to better communicate
with the many different communities we strive to
serve—students, lawyers, judges, government
officials, friends in our community, and, of course,
law school alumni. ML will have all the traditional
features of an alumni magazine, but we also hope
its creative design, content, and photographs will
engage non-alumni and non-lawyer readers in
much the same fashion as the nation’s best
regional magazines.
In the pages of this and subsequent issues of ML,
we will strive to convey, through the stories we tell,
the attributes that make Memphis Law such an
outstanding law school and the city of Memphis
such a wonderful place in which to live, learn,
and practice law. And, as in a traditional alumni
magazine, we will, of course, take the opportunity to
brag about the law school and our students, faculty,
and alumni—because we have much to brag about!
But unlike traditional alumni magazines, we also will
strive to contribute more broadly to the community
conversation by publishing thoughtful articles on
legal issues and topics related to our city, state, and
region—articles designed to win the attention not
only of our alumni, but also of educated readers
more generally. We will do this because we believe
our mission as a law school includes enhancing
the dissemination of knowledge to all members
of our community—lawyers and non-lawyers,
graduates of the University of Memphis, and
graduates of other schools.
We hope this publication will be a wonderful
reminder of how much we have to be proud of
within our school and the Memphis community.
I would be remiss if I didn’t take this opportunity to
remind our readers of our tremendous strengths,
of both the city and the law school.
Our law school facility in the magnificently
renovated former United States Custom House,
Court House and Post Office is, at once, beautiful,
historic, and modern—plainly one of the finest in
the nation. Our location in downtown Memphis
enhances our relationship with the legal community
and greatly increases our students’ opportunities for
meaningful externship and clerking experiences,
while also allowing students to enjoy Memphis’
With this first issue of ML, Memphis Law launches what we hope will be a thought-provoking and captivating publication for years to come.
DEAN’S LETTER
“With this first issue of ML, Memphis Law launches what we hope will be a thought-provoking and captivating publication for years to come.”
“We will strive to contribute more broadly to the community conversation by publishing thoughtful articles on legal issues and topics related to our city, state, and region.”
Southern charm, its great food and music, and the “grit and grind”
of the Memphis Grizzlies. And, thanks to the hard work of our
exceptional faculty of teacher-scholars, our students pass
the bar and find employment at rates that, historically,
are among the best in Tennessee and that favorably
compare with the nation’s finest law schools.
Coupled with our affordable tuition, these
attributes make Memphis Law not only an
excellent law school, but also one of the
nation’s best values in legal education.
We hope you enjoy reading ML and that you’ll also
let us know what you think. We look forward to your
input as we continue our effort to create a publication
that is a must-read for all members of our community.
There are amazing things happening at our law
school and in the city of Memphis, and it is our
goal to share some of these stories with you in the
pages of ML.
Cordially,
Peter V. Letsou
Dean
2
ABE FORTAS: Forgotten Supreme Court Justice, Forgotten MemphianBY LURENE KELLEYFiddlin’ Abe Fortas was a Memphian who has been largely forgotten by the
city he called home for the earliest part of his life. The man who won the
landmark Gideon v. Wainwright case and eventually became a United States
Supreme Court Justice had a career marked by both prestige and scandal,
but the city he was born in rarely recognizes the great man who began his
life here. The legacy that his legal career left behind has had an enormous
effect on the legal arena, ranging from Juvenile Court issues to the creation
of Civil Gideons in today’s evolving justice system.
THE RIGHT TO COUNSEL IN MEMPHIS: 50 Years After GideonBY JOSH SPICKLER Shelby County Public Defender’s Office
11
BLACK-LETTER BREWING: Drafting the Law in Memphis BY RICHARD J. ALLEYThe craft-beer movement in the city of Memphis has seen a surge in popularity
in the last year, thanks in large part to the work of several Memphis Law alumni
and their efforts to amend archaic laws and ordinances that prohibited the
growth of brewing in Memphis. The results are a wealth of new microbrew-
eries and excitement around craft beer in the Bluff City.
CONTENTS
11
FEATURES
29
15
153
A DAY AT MEMPHIS LAW with U.S. Supreme Court Justice Antonin ScaliaUnited States Supreme Court Justice Antonin Scalia spent a day at Memphis Law in December
2013. The Justice devoted the day to students, faculty, staff, and the Memphis legal community,
sharing insights and anecdotes at a variety of different events throughout the day.
FACULTY ACCOMPLISHMENTS
SETTING THE BAR: Memphis Law Alumni Class Notes
ABE FORTAS: Forgotten Supreme Court Justice, Forgotten MemphianBY LURENE KELLEYFiddlin’ Abe Fortas was a Memphian who has been largely forgotten by the
city he called home for the earliest part of his life. The man who won the
landmark Gideon v. Wainwright case and eventually became a United States
Supreme Court Justice had a career marked by both prestige and scandal,
but the city he was born in rarely recognizes the great man who began his
life here. The legacy that his legal career left behind has had an enormous
effect on the legal arena, ranging from Juvenile Court issues to the creation
of Civil Gideons in today’s evolving justice system.
THE RIGHT TO COUNSEL IN MEMPHIS: 50 Years After GideonBY JOSH SPICKLER Shelby County Public Defender’s Office
DIVISIONS
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BRIEFS: News + Events
STUDENT PROFILE: Holly Palmer Holly Palmer is a third-year law student and current president of the Public
Action Law Society (PALS). From her time in the military to her valuable
experience with the District Attorney’s Office, Palmer has positioned herself
for success when she finishes law school.
TRUE BLUE: Alumni SpotlightUnited States Attorney Edward L. Stanton, III, is a lifelong Memphian and
Memphis Law graduate with a passion to serve the city he calls home. His
career in Memphis has taken him to a variety of different destinations, with
the common theme of making Memphis a better place always taking pre-
cedence wherever he finds himself.
2119
09
4
STATE OF THE CITY ADDRESS HOSTED BY A C WHARTON AT MEMPHIS LAWThe law school hosted Memphis Mayor A C
Wharton for his 2014 State of the City
Address in January 2014. Wharton spoke to
a full-capacity crowd in Wade Auditorium,
with over 300 people packed into the room
to hear the details behind the Wharton
administration’s upcoming projects, plans,
and goals. Wharton organized his talk around
what he called The Five P’s: pension, public
safety, poverty, a future plan, and potholes.
The mayor spoke about a variety of quality-
of-life issues within the city, such as the
pothole problem, as well as the long-term
issues focusing on cutting the city’s poverty
rate, improving public transportation,
recruiting jobs, and making energy more
affordable. The idea to host the prestigious
event at the law school was put forth by
Student Bar Association President Chris Tutor,
who led the assembled audience in the Pledge
of Allegiance before the program began.
NEW FACULTY AT MEMPHIS LAW The law school welcomed three new faculty
members in the fall semester of 2013. In
addition to new Health Law Director Amy
Campbell, Jeremy Bock and Demetria Frank
also joined the esteemed ranks of faculty
at Memphis Law, bringing with them a wide
range of specialties.
Professor Bock joined the faculty at Memphis
Law to teach patent law and civil procedure.
Prior to joining the law school, Professor Bock
was a research fellow and senior visiting
scholar at the Berkeley Center for Law and
Technology at the University of California
Berkeley. He also worked at a multinational
semiconductor company, litigating patent
cases in federal district courts and before the
U.S. International Trade Commission. Bock
clerked for Judge Alan D. Lourie in the U.S.
Court of Appeals and received his J.D. from
the Berkeley School of Law. He received
his undergraduate degree in electrical
engineering and computer science from
the Massachusetts Institute of Technology.
Professor Frank joined the faculty to teach
evidence, trial practice, and civil pretrial
litigation. Her focus areas are civil litigation,
product liability, and civil court access.
Prior to coming to Memphis Law, Professor
Frank was a toxic tort attorney, representing
injured plaintiffs in product liability lawsuits.
She also served as an associate judge for the
city of Dallas and the city of Houston. Frank
received her J.D. from the University of Texas
School of Law and her undergraduate degree
from the University of Houston.
PRESIDENT OBAMA NOMINATES MEMPHIS LAW ADJUNCT PROFESSOR FOR FEDERAL JUDGESHIPPresident Barack Obama recently nominated
University of Memphis School of Law adjunct
professor and University of Memphis general
counsel Sheryl H. Lipman for a judgeship on
the U.S. District Court for West Tennessee.
Lipman joined the University of Memphis in
1999 as senior attorney and was promoted to
the role of university counsel in 2002. In that
role, she was responsible for all the legal
interests of the university, serving as in-house
counsel on all major legal matters and over-
seeing regulatory matters on a number of
issues pertaining to the University. After
President Shirley C. Raines retired in 2013,
Lipman was selected by Interim President
R. Brad Martin to serve as chief of staff.
CA
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BO
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BRIEFS: NEWS + EVENTS
5
U.S. Representative Steve Cohen recommend-
ed Lipman for the judgeship after he and a
bipartisan committee of 13 local attorneys
interviewed nine candidates for the judicial
vacancy. In November, Lipman’s nomination
went before the Senate Judiciary Committee,
which voted to recommend her nomination
to the full Senate for confirmation. Once
confirmed, Lipman will succeed Judge Jon P.
McCalla on the district court in Memphis, as
Judge McCalla has taken senior status.
ESQ.BUILDIn fall 2013, Memphis Law, in partnership
with MBA and SCORE, launched an incubator
for solo practitioners called ESQ.BUILD. This
innovative program is designed for Memphis
Law graduates in their first three years of
practice. For one year, a select number of new
graduates receive office space at Memphis
Area Legal Services (MALS) at a low cost
(between $50 and $100 per month), includ-
ing a private office and a conference room
for meeting clients. Participants provide their
own phones, computers, printers, and other
office equipment. They are also required to
handle pro bono cases for MALS as well as
donate a certain number of hours of service
to the Memphis Bar Association.
“WELCOME TO MEMPHIS” PANEL INTRODUCES 1LS TO MEMPHISAs part of this year’s Orientation activities,
the law school unveiled a new “Welcome
to Memphis” panel, intended to give new
students and residents of Memphis an
inspiring and exciting glimpse of what
Memphis is really all about as a city. The
panel showcased a number of areas such
as Arts & Entertainment, the food and
culinary scene, sports-related matters,
non-profit organizations, and business
expertise. Participants in this inaugural panel
included Allison Cook, executive director of
the Memphis Farmers Market; Kelly English,
owner and chef at Restaurant Iris; Tomeka
Hart, VP of Teach for America; Anne Pitts,
director of the Levitt Shell; Gary Parrish,
nationally syndicated sports columnist and
radio host for CBSSports.com and ESPN; and
Jason Wexler, COO of the Memphis Grizzlies.
The one-hour panel allowed students to get
a glimpse of what makes Memphis special,
presented by a set of Memphians who have
been an integral part of positive growth and
collaboration in the Bluff City.
2014 ALTERNATIVE SPRING BREAK This year’s Alternative Spring Break (ASB),
presented by the Public Action Law Society,
centered on the civil right to counsel and the
influence of Gideon v. Wainwright 50 years
after the historic case. This year’s ASB had
over 70 applicants, with over 20 participants
coming from schools outside of Memphis,
from law schools across the country. This
year’s week-long spring break program
examined the fact that while Gideon v.
Wainwright established the right to counsel in
criminal cases, no similar right exists in civil
lawsuits, creating a “civil justice” gap. ASB
took an in-depth look at this issue through
several different specialized legal tracks
throughout the course of the program.
SHERYL H. LIPMAN
6
CLARENCE EARL GIDEON
“WELCOME TO MEMPHIS” PANEL
THE HON. HOLLY M. KIRBY APPOINTED TO TENNESSEE SUPREME COURT Tennessee Governor Haslam appointed The
Hon. Holly M. Kirby (JD ’82) to the Tennessee
Supreme Court, effective September
1, 2014. Judge Kirby will succeed another
Memphian, Justice Janice Holder, who has
close ties to Memphis Law and the Access to
Justice and pro bono programs in place in
Memphis and at the law school.
Judge Kirby has served as a judge on the
Tennessee Court of Appeals Western Section
since 1995, and was the first woman ever to
serve on that court. During that time, she
authored more than 1,000 opinions on
appeals from trial courts from across the
state of Tennessee.
Before being appointed to the Court of
Appeals, Judge Kirby was a partner at the
well-known Memphis law firm of Burch,
Porter & Johnson, where she specialized in
the defense of businesses in employment
litigation. She became a partner at the firm
in 1990 and was appointed assistant Shelby
County attorney for employment disputes
by Mayor Jim Rout in 1994–95.
Judge Kirby is a Memphis native and earned
her Bachelor of Science degree in mechanical
engineering from the University of Memphis in
1979, graduating magna cum laude and first in
her class at the Herff College of Engineering.
She then started law school at the University
of Memphis Cecil C. Humphreys School of Law
and graduated in 1982, third in her class of
140. After law school, she worked as a judicial
law clerk to Judge Harry Wellford on the U.S.
Court of Appeals for the Sixth Circuit.
NATIONAL MOOT COURT TEAM ADVANCES TO NATIONALS IN NYC The Memphis Law National Moot Court
team of Chelsea Harris and Courtney
Sharp advanced to the National Finals of
the National Moot Court Competition in
New York City. They were one of the top
30 teams out of approximately 200 teams
that entered the competition and turned in
an impressive performance at the regional
level in Knoxville, Tenn., in November. They
defeated Mississippi College of Law, Louisiana
State, and the University of Tennessee.
In February, the Memphis team met in New
York City with the other top teams in the
nation. Approximately 200 teams compete
in the National Moot Court Competition,
with the top two teams from each region
advancing to the National Finals. The Young
Lawyers’ Division of the New York City Bar
Association hosts the competition.
The Memphis team prepared for the compe-
tition in the fall with their coach, Director of
Advocacy Barbara Kritchevsky. Numerous
students, faculty, and alumni judged practice
rounds for the team.
UNIVERSITY OF MEMPHIS HEALTH LAW INSTITUTE HOSTS SYMPOSIUM The University of Memphis Health Law
Institute hosted its inaugural Health Law
Symposium in April 2014. The title of the
two-day symposium was “Race, Research,
and Rights: The Legacy of the Tuskegee
Syphilis Study.” To start the symposium off,
a community screening of a Tuskegee Study
documentary was held at the National Civil
Rights Museum, the symposium’s co-sponsor,
followed by an informal discussion and
commentary with James Jones, author of
“Bad Blood,” the leading account of the Syphi-
lis Study, and Fred Gray, famed civil rights
attorney and class action suit lawyer on
behalf of Syphilis Study survivors and family
members. The formal Symposium took
place on Friday, April 4, 2014, with morning
talks by Mr. Jones on the history of the
Tuskegee Syphilis Study and Mr. Gray’s
reflections on the case and his critical role in
advancing the interests of the men involved
and their families. A luncheon followed the
morning discussions, and an afternoon session
consisted of panel discussions on the legacy
of Tuskegee among African-Americans, and
other ethnic and racial minorities, in research
7
BRIEFS: NEWS + EVENTS
THE HON. HOLLY M. KIRBY
NATIONAL MOOT COURT TEAM
and treatment settings, with a focus on the
Memphis/Shelby County community and
featuring local experts from the University
of Memphis and the community.
HEALTH LAW INSTITUTE LAUNCHED AND LED BY NEW DIRECTORAmy Campbell was hired in the fall of 2013
to lead the new University of Memphis
Cecil C. Humphreys School of Law Health
Law Institute. Professor Campbell worked
throughout the fall to develop the program-
matic elements of the institute while also
planning a national health-law symposium
held in April 2014. She has worked to lay
the groundwork for future success via a
variety of new partnerships (in the Mid-South
area) with prominent local hospitals, law firms
specializing in healthcare-related issues,
and a number of governmental agencies.
By launching this new Health Law Institute,
the law school hopes to take advantage of the
fact that Memphis is a uniquely positioned
community for a health law and policy
initiative, being home to major medical
systems, an internationally recognized
children’s hospital, and leading biomedical
device manufacturers. It is an economic
engine for the region, and Professor Campbell
plans to build an institute that uses the law
to advance healthcare at the individual,
population, organizational, and system levels.
Professor Campbell comes to Memphis
Law from SUNY Upstate Medical University,
where she served as an associate professor
of bioethics and humanities, as well as an
associate professor in the department
of psychology. She received her master’s
degree in bioethics from the University of
Pennsylvania, received her J.D. from Yale Law
School, and completed her undergraduate
degree at the University of Notre Dame.
MEMPHIS LAW STUDENTS CONTINUE TO EXCEL IN CLINIC AND EXTERNSHIPS During the fall semester of 2013, nearly 80
third-year law students earned academic
credit and gained valuable hands-on legal
experience through participation in the
University of Memphis School of Law’s
Experiential Learning Program. Twenty-six
students took one of the three in-house
clinical courses—the Child and Family
Litigation Clinic, the Elder Law Clinic, and
the Housing Adjudication Clinic—being
offered by the law school during the fall
semester. In addition, 51 students participated
in the law school’s Fall 2013 Externship
Program, working under the supervision of
judges and attorneys throughout Memphis,
while simultaneously enrolling in a weekly
classroom seminar designed to introduce the
essential habits of the reflective practitioner
and assessment of the skills, relationships,
issues, and mindsets that prevail in the
practice setting.
By launching this new Health Law Institute, the law school hopes to take advantage of the fact that Memphis is a uniquely positioned community for a health law and policy initiative, being home to major medical systems, an internationally recognized children’s hospital, and leading biomedical device manufacturers.
8
AMY CAMPBELL
THE LEGACY OF THE TUSKEGEE SYPHILIS STUDY
STUDENT PROFILE: HOLLY PALMERMeet Holly Palmer, a third-year Memphis Law
student and current president of the school’s
Public Action Law Society (PALS). Palmer came
to Memphis Law from a military background
and has utilized the various strengths and
leadership skills—that she learned while serving
in the military—in her successful law school
career. She is currently working as an intern
in the Shelby County District Attorney’s Office,
where she has gained invaluable on-the-job
training to prepare her for life after law school.
“One of the biggest things I learned was how
to be decisive and not be afraid to make the
‘wrong’ decision.”
9
ML: What branch of the military did you serve in before coming to law school? Holly Palmer: I served in the Army for five years
on active duty. I spent almost all of my five years with
the 3rd Brigade Combat Team of the 101st Airborne
Division (Air Assault) out of Fort Campbell, Ky. I
deployed twice to Iraq with this unit. We were in Iraq
from September 2005 to August 2006, then again
from August 2007 to November 2008.
ML: What made you decide to come to law school?HP: I’ve thought about being a lawyer on and off ever
since I was in high school. I was antsy to get into the
work force as soon as I completed my undergraduate
schooling, but I actually hadn’t thought much about
law school during the five years I spent in the Army.
However, after completing my active-duty obligation,
I had a very difficult time finding a job. I had not
enjoyed some of the jobs I had in the Army, and I
wanted a job that was going to make me happy.
After being unemployed for over a year, going
back to school for three years sounded like less
of an intimidating time commitment than I’d
previously thought.
ML: What did your time in the military teach you, and how do you think it helps make you a better law student?HP: The military taught me a lot of important life
lessons and gave me skills applicable to any situation,
no matter the career path. One of the biggest things
I learned was how to be decisive and not be afraid to
make the “wrong” decision. There are a lot of ways
to accomplish something. Making the best decision
the first time around is gratifying, but I think the
more important skill is being able to evaluate the
situation after making a decision, remaining calm,
and knowing how to shift your plan to get your
mission back on track. Because of my time in the
military, I’m not afraid to take charge of a project,
even if it’s just to get the wheels turning.
ML: What has your experience working in the district attorney’s office taught you?HP: Working at the DA’s office has taught me how to
deal with people. Adding the human element into
the mix always makes the task more challenging
and frustrating. Law school can give you a range of
techniques, but there is nothing like a little on-the-
job training to help you develop your interpersonal
skills. Attorneys and judges see people on some of
their worst days, and not everyone is in a cooperative
mood. When I see attorneys deal with frustrating
people and situations in a professional manner, it
makes me want to emulate that behavior and be that
consummate professional.
ML: As PALS president, how do you feel the organization can best serve the law school and the Memphis community? HP: PALS serves the law school in two important
ways. First, it provides students with a plethora of
service opportunities, which helps them achieve
their school-mandated pro bono service hours.
Second, the success of the PALS Alternative Spring
Break Program can bring national recognition to
our school and can serve as a platform for attracting
new donors. My hope is that, with the help of new
donors, the law school will be able to offer
fellowships to students interested in public-service
careers. Beyond serving the law school, PALS can also
help meet the legal needs of the community by
promoting partnerships between law students and
practicing attorneys, making for stronger public-
interest law programs in the Memphis area.
Cont’d on pg 27
“My hope is that, with the help of new
donors, the law school will be able to offer
fellowships to students interested in public-
service careers.”
10
He helped establish the United Nations,
was a jurist on the revolutionary Warren
Court, and served as the most trusted adviser to a
U.S. president. Yet this Memphian—who made the
cover of Time Magazine and has been called one
of the most influential individuals of the 1960s—
is just a mention among Bluff City notables.
There is no oil painting at the University of
Memphis School of Law to say a Supreme Court
justice grew up down the street. Nor is his likeness
honored at Rhodes College, his undergraduate
alma mater. The site of his childhood home is
buried under a parking lot by the FedExForum.
No plaque citing he once lived there is anywhere
in sight.
This largely forgotten son of our city is Abe Fortas.
Born to Jewish immigrants in what was then South
Memphis, he became one of the most powerful
voices in our country. Yet, his fall from grace was
fast and stunning, complicating his legacy, so that
even his hometown barely acknowledges his roots.
Now, 50 years after his most famous courtroom
victory, some believe it may be time to give Abe
Fortas another look.
THE MAKINGS OF A GREAT MEMPHIANMuch of what we know about Fortas’ early days
has been documented by University of California
history professor Laura Kalman in “Fortas: A
Biography” (1990). Kalman’s research provides a
vivid picture of Fortas’ life in Memphis and his
relentless work ethic, even at an early age.
Fortas grew up on Linden Avenue in a blue-collar,
ethnically mixed South Memphis neighborhood.
He was born to Jewish immigrants who had left
England to work in the family furniture-making
FORGOTTEN SUPREME COURT JUSTICEFORGOTTEN MEMPHIAN
ABE FORTAS11
business in Memphis. The youngest of five
children, Fortas was described as serious, smart
and hardworking. He graduated at age 16 from a
Memphis public school and won a scholarship to
a private, Presbyterian college called Southwestern
(now Rhodes College). By age 19, he had finished
his undergraduate degree in political science at
the top of his class.
Fortas earned a scholarship to Yale Law School and
would graduate second in his class. (Incidentally, the
top Yale Law grad that year was another Memphian.)
Fortas would stay on at Yale as a professor. He took
his first government position as an adviser to the
Securities and Exchange Commission and later
became undersecretary of the U.S. Department of
the Interior.
In 1946, Fortas left the public sector to found Arnold,
Fortas & Porter. The firm would grow into one of
D.C.’s most prestigious, specializing in corporate law.
Although Fortas reportedly enjoyed the financial
rewards and social connections this work provided,
he also tackled numerous civil rights and criminal
defense matters. These were not popular cases. He
tangled with Senator Joseph McCarthy when Fortas
represented an accused Communist sympathizer. In
Durham v. United States (1953), Fortas reintroduced
psychiatric testimony into court proceedings. That
landmark decision provided criminal defense
attorneys with the ability to use evidence about
a client’s mental state in an insanity plea.
But, it was the case of a small-town drifter that would
make Fortas a primary architect of the American
public defense system.
GIDEON V. WAINWRIGHTIn the summer of 1910, Fortas was born in Memphis.
That same summer, another child was born in
Missouri. The intersection of their lives, some 50
years later, would transform the U.S. justice system.
But, up to that point, their paths could not have
been more different.
Clarence Earl Gideon was born into poverty and
dropped out of school in the 8th grade. At age 13,
Gideon had his first encounter with the law, when
his mother reported him for running away from
home. Throughout his life, Gideon cycled in and
out of jails and prison, mostly for petty crimes. In
1961, he was accused of a theft that would result in
the improbable: A Yale-educated attorney would
advocate for a poor, small-time offender before the
U.S. Supreme Court. And they would win.
In the summer of 1961, someone broke into the
vending machine and jukebox of a seedy pool hall in
the Florida Panhandle. A neighbor claimed he saw
Gideon walking near the bar with a large amount of
change in his pocket. No stranger to law enforcement
in the area, Gideon was arrested and charged. He
asked for a court-appointed attorney because he
could not afford one. His request was denied.
Armed with his middle-school education, Gideon
was forced to defend himself. He lost and was
sentenced to five years.
From his Florida prison cell, Gideon filed a hand-
written brief arguing that the lack of an appointed
attorney was unconstitutional. The Florida Supreme
Court disagreed. But the U.S. Supreme Court would
hear his case. Fortas was appointed his counsel. In
the end, the Supreme Court sided with Gideon.
This decision firmly established that the Sixth
Amendment provides the right to counsel for all
people facing a deprivation of liberty, regardless
of their ability to pay. The Court
further held that providing counsel
for indigent defendants is an
essential element of a fair trial, and that the 14th
Amendment makes states responsible for meeting
this mandate. The Gideon decision created and
expanded the need for public defenders across the
country which, until this time, was a small part of the
criminal justice system.
Coincidentally, Fortas’ hometown had created a
public defender’s office decades before Gideon. In
1917, Fortas would have been in grade school when
a young Memphis lawyer and Tennessee state
legislator helped establish the Shelby County Public
Defender’s Office. Samuel O. Bates was determined
that impoverished defendants should have a right to
an attorney. His will stemmed from a 1915 murder
SITE OF FORTAS HOME
JUSTICE ABE FORTAS
“This is a place where justice has and should mean something. And Abe Fortas is a product of this place.” STEPHEN BUSH
12
in which a black man was charged with killing a
white woman in Dyer County, Tenn. The racially
charged case was moved to Memphis, and Bates
was appointed counsel. He spent $500 of his own
money to investigate the crime and discovered
what Dyer County police could or would not find—
the woman’s husband had killed her. Bates won the
case, and the man was freed. A few years later, Bates
was elected a state senator and introduced legislation
that provided Memphis with only the third public
defender’s office in the country.
“In the early 1900s, the people of Memphis knew that
if you faced incarceration, you had the right to an
attorney, even if you were poor,” says Stephen Bush,
Shelby County’s chief public defender. “The man
who argued Gideon v. Wainwright grew up in a city
with an established right to counsel. How might that
have shaped a young Abe Fortas and his expectations
of our country’s justice system? Memphis is the place
where public defense pre-dated Gideon by more than
four decades. This is a place where justice has and
should mean something. And Abe Fortas is a product
of this place.”
FIDDLIN’ ABE FORTASWhat we do know with certainty is how Fortas was
shaped by Memphis music. Throughout his high
school and college years, Fortas worked in family
businesses and earned money playing music. His
father was an amateur musician and encouraged his
son to play the violin. Fortas took lessons from nuns at
St. Patrick’s Church, which was located just a few steps
from his house.
But it was a street, just a few blocks from where he
grew up, that would provide Fortas money and
popular acclaim—Beale Street. A
hub of both black and white
commerce, prostitution,
drugs, and, of course, jazz
and blues, Beale Street was
where Fortas would turn his
classical training into profit. He
became such an accomplished
musician that he earned the
name Fiddlin’ Abe. In the
book “Goin’ Back to Memphis:
A Century of Blues, Rock ’n’ Roll
and Glorious Soul” (1996) by
veteran journalist James Dickerson,
Fortas is referenced as one of the most
dominant Beale Street musicians of the
1920s. At age 13, Fortas started his own
band. They were so successful that they
eventually earned $8 a show. On Beale
Street, where musicians were often paid in
coins, this made him one of the highest
paid Beale Street musicians at that time.
Fortas’ love of music would travel
with him. In Washington, he played
casually with noted artists and became
President Johnson’s unofficial minister
of culture. He wrote the legislation to
establish the Kennedy Center after JFK’s
death. When Fortas died in 1982, a memorial
concert was held for him at the Kennedy Center.
His dear friend, legendary violinist Isaac Stern,
played at the ceremony.
ABE FORTAS AND LYNDON B. JOHNSON
Although Fortas was memorialized with music on a national stage, the history books have not been so kind; that is because Abe Fortas holds the unenviable title of being the only Supreme Court justice ever to resign amid accusations of wrongdoing.
13
Although Fortas was memorialized with music
on a national stage, the history books have not
been so kind; that is because Abe Fortas holds
the unenviable title of being the only Supreme
Court justice ever to resign amid accusations of
wrongdoing. The scandal is muddied by politics
and unanswered questions, but for a sitting
Supreme Court justice, even the appearance
of scandal can be enough to reframe a legacy.
FRIENDS (AND ENEMIES) IN HIGH PLACESThe friendship between Fortas and a future president
began in the 1930s. When Fortas was with the Interior
Department, he met a brash Texas congressman
named Lyndon Baines Johnson. Johnson would
occasionally seek legal advice from Fortas, but the
Memphian’s role as trusted adviser would solidify
in 1948. A federal judge had overruled Johnson’s
Democratic primary Senate win based on allegations
of voter fraud. Fortas successfully convinced the
Supreme Court to overrule the decision, clearing
the way for LBJ to become a U.S. senator.
When Johnson ascended to the White House, he
wanted to take his most trusted adviser with him,
but Fortas resisted a return to public life. He turned
down Johnson’s attempts to make him U.S. Attorney
General. When President Johnson “promoted” Justice
Arthur Goldberg to an ambassadorship, he did so
with the goal of placing his friend and adviser into the
position. Johnson was concerned that portions of his
“Great Society” reforms were in danger of being ruled
unconstitutional and wanted a strong ally on the
court. Fortas declined again, but President Johnson
nominated him anyway.
When Fortas’ nomination was accepted on August
11, 1965, he gave up his lucrative private practice to
earn $39,500 a year and take a seat on one of the
most revolutionary judicial courts in history—the
Warren Court led by Justice Earl Warren. While
Fortas’ loyalty to Johnson may have initially led some
to see him as a puppet for the president, the newest
justice immediately established himself as a strong
progressive voice. He quickly became a champion of
juvenile justice, writing the majority opinions in Kent
v. United States (1966), which extended due process
rights to children. The next year, Fortas took his
advocacy for children further in In re Gault (1967),
which provided children similar constitutional
protections as adults, such as the right to counsel
and the right against self-incrimination.
Fortas consistently sided with the liberal wing of
the party. Some of the most famous cases involved
the rights of students to protest the Vietnam War
(Tinker v. Des Moines Independent Community School
District, 1969), and a decision against states’ rights
to bar the teaching of evolution in public schools
(Epperson v. Arkansas, 1968).
Just three years into his lifetime appointment,
Fortas was on his way to becoming one of the most
influential justices in the court’s history. But ambition
and money would reverse the course of that trajectory.
When Chief Justice Warren announced his plans to
retire, President Johnson saw this as an opportunity
to have his most trusted adviser lead the court. In the
summer of 1968, against his friend’s wishes, once
again, Johnson nominated Fortas. This time, it was
for the chief justice of the U.S. Supreme Court. Penn
State political science Professor Bruce Allen Murphy
documented the events that would unravel all that
had been built in “Fortas: The Rise and Ruin of a
Supreme Court Justice” (1988).
Fortas returned to the bench, but the scandal was
not over. Life Magazine revealed that just before
accepting his nomination to the court, Fortas had
signed a $20,000 retainer for unspecified legal
advice from a Wall Street financier. The client, Louis
Wolfson, was under investigation for stock fraud. The
story alleged the retainer was intended to buy Fortas’
influence to thwart criminal charges or request a
presidential pardon, if needed. Fortas denied ever
trying to intervene for Wolfson. He also returned
the money.
But this was 1969. The previous year, Johnson had
decided not to run for another term, under the
cloud of the Vietnam War, sinking popularity, and
failing health. Richard M. Nixon was now in the
White House. Fortas’ close friendship with Johnson,
and now two scandals involving money, placed the
already embattled Supreme Court squarely in the
crosshairs of a splintered Democratic party and
newly empowered Republicans. Cont’d on pg 27
BEALE ST. CIRCA 1920
FORTAS AND JOHNSON
14
Digital Image ©2010, Memphis Public Library & Information Center.
All rights reserved.
With three microbreweries—High Cotton Brewing, Wiseacre Brewing Co., and Memphis Made Brewing Co.—having opened their taps within the past year, it seems as though Memphis has caught onto something that locales such as Asheville, Boston, Denver, and Nashville have known for a while, that craft beer is good for the souls of both the individual and the community. Yet, for all of the quicklyearned popularity and ensuing civic pride surrounding these new microbreweries, there were a variety of zoning issues and archaic laws that were obstacles to this movement coming to fruition in Memphis. Several Memphis Law alumni and passionate citizens, ranging from brewers to attorneys and city personnel, worked together to ease these barriers in a friendly, non-adversarial discourse that should protect businesses and neighborhoods in the future, as well as create a new sense of community and surge of economic development in the city.
15
Despite the movement bubbling under the surface
here in Memphis, and practically overflowing in
other areas of the country, the Memphis zoning
code did not anticipate such enthusiasm.
“It classified breweries in one sweeping definition,
and that’s the old-fashioned, very noxious, huge,
million-square-foot brewery,” says Josh Whitehead,
planning director for the Memphis & Shelby
County Office of Planning and Development and
a Class of 2005 University of Memphis School of
Law graduate.
Because of such a designation, microbreweries
would be relegated to out-of-the-way areas of town,
without foot traffic and consumers. But the new
microbreweries have plans beyond just the brewing
of beer. They open themselves to the public,
welcoming the community they are a part of to
sample beers and educating their customers. In the
parlance of urban planning, such destinations are
called “third places.” It isn’t home; it isn’t work—it’s
that place people gather to talk about home and
work, to share their dreams and hopes and air their
troubles. It is a concept that’s paramount, not just
for the profit-seeking microbrewery owner, but also
for communities, and its necessity is seen from the
bottom to the top, from the friends meeting after
work in order to decompress, to the offices of
government leaders. “We want to create, and
encourage businesses to create, interesting
places and spaces for people to walk, for
people to bike… and gather and talk and
get to know each other and exchange
ideas; it really is a quality-of-life issue,” says Maria
Fuhrmann, special assistant to Mayor A C Wharton.
The first order of business was to define the
elements being discussed, mainly microbreweries,
taprooms, and a variety of language in the city
ordinances. A microbrewery, according to the
Brewers Association, is defined as a brewery that
produces fewer than 15,000 barrels of beer a year.
A barrel is 31 gallons or two kegs. The three micro-
breweries currently up and running either have or
plan to have tasting rooms or “taprooms,” gathering
spaces where customers can order and drink beer
on the premises or purchase growlers (sealed 64-
oz. glass jugs) to take away. Such a room needed
defining as well, and is done so in Section 9 of
the amendment to the City of Memphis code
of ordinances in accordance with the Unified
Development Code. The amendment states that
“…a Brewery tasting room is an adjunct to the
primary business of manufacture and sale to
wholesale or retail establishments. It being the
intent of this ordinance to encourage the growth
of local business and tourism while protecting
the public welfare and morals.”
Once these terms were understood, it had to be
decided just where such an establishment could
actually be located. For these microbrewers,
anything other than a commercial district with
nearby neighborhoods would not fit the business
model of a third-place destination.
“We preach about how the new zoning code,
the Unified Development Code, promotes
pedestrianism and tighter urban neighborhoods,
and it does do that, but in this context, it was just
doing the same thing its predecessor zoning code
was doing and separating uses that maybe no
longer need to be separated,” Whitehead says.
Having the zoning designation changed from light
industrial to commercial projects was “one of the
least controversial” aspects of the various overhauls
that were happening at the time, says Brice
Timmons, co-owner of High Cotton Brewing, in the
Edge District. More than a brewer, he is an attorney
with Black McLaren Jones Ryland & Griffee P.C. and
a 2010 graduate of Memphis Law, and has worked
extensively on redrafting the city’s beer codes.
The larger problem came with the beer code itself,
which didn’t provide for a bar or restaurant without
having at least 40-percent food sales. Microbreweries
are, by nature, mostly wholesale and partially retail.
With a brewpub like Boscos, and its extensive menu,
this wasn’t an issue, but none of the newbies in
town had any interest in a kitchen or menu.
With three microbreweries—High Cotton Brewing, Wiseacre Brewing Co., and Memphis Made Brewing Co.—having opened their taps within the past year, it seems as though Memphis has caught onto something that locales such as Asheville, Boston, Denver, and Nashville have known for a while, that craft beer is good for the souls of both the individual and the community. Yet, for all of the quicklyearned popularity and ensuing civic pride surrounding these new microbreweries, there were a variety of zoning issues and archaic laws that were obstacles to this movement coming to fruition in Memphis. Several Memphis Law alumni and passionate citizens, ranging from brewers to attorneys and city personnel, worked together to ease these barriers in a friendly, non-adversarial discourse that should protect businesses and neighborhoods in the future, as well as create a new sense of community and surge of economic development in the city.
WHITEHEAD
16
“You had to be a restaurant serving meals at tables
with a full menu; it wasn’t as basic as serving
something to just sort of snack on,” Timmons
says. “I think the law actually says ‘meals consisting
of at least one meat and one vegetable,’ so you
can’t even be a vegetarian restaurant and serve
beer, technically.”
He and Whitehead were able to have the city
amend the code to exempt microbreweries from
that requirement when they were operating
within certain norms.
Thanks to these Memphis Law alums, a micro-
brewery is now allowed to serve beer without the
required food sales, as long as specific provisions
are maintained. These provisions state that the
microbrewery must not engage in the sale of any
alcoholic beverage other than beer manufactured
on the premises; it does not derive more than 25
percent of its gross annual income from the sale
of beer for consumption on the premises; it does
not open to the public for any period between the
hours of 12:00 a.m. and 12:00 p.m.; and it must
offer water or other non-alcoholic beverages at
no cost.
Bars and purveyors of beer and alcohol, in
the current code, must adhere to a distance
requirement of a 250- to 500-foot radius from
churches, parks, libraries, or schools. The amended
code allows for a microbrewery’s taproom within
that distance, as long as it adheres to the provisions
stated above, as well as remaining “closed to the
public on Sundays, and if located within such
radius of a school or residential dwelling, shall
remain closed to the public on Sundays and
shall close to the public each Monday through
Thursday no later than 10:00 p.m., this section
being intended to prevent traffic congestion, to
reduce noise and to protect the public welfare
and morals of the community.”
“All of the things that you would probably want
any good business neighbor in your community
to do, we tried to include in the code,” Timmons
says, adding, “But what we worked with the city to
do is to eliminate regulations that were specifically
oppressive to our industry or forced us to be in
a different business. We’re in the beer brewing
business, we don’t want to be restaurants.”
Whitehead presented the new amendments to
the Unified Development Code and those to
the alcohol code to the Memphis City Council
as a package. It was the first amendment to
the alcohol code in many years and, he said,
“probably the first of many amendments.”
It was imperative that the distinctions between
breweries, those solely in the business of crafting
beers for (mostly) wholesale distribution, and a
normal restaurant or bar be put in black and white
and on the books from the beginning. Laws within
the city’s alcohol code, what Whitehead says are
“zoning-like” regulations, apply to the situation.
When that code says a bar has to be a certain
number of feet away from a church or school or
park, even when that property may no longer be
used as such, the restrictions could still apply, and
that is language usually found in the zoning code.
“But in our alcohol code, you find that language
and that presents a problem (because) the
zoning code has something called the ‘board of
adjustment,’” Whitehead says. “In Tennessee,
alcohol commissions, or beer boards, do not have
that discretion.”
There is no right for the beer board to grant a
variance for any exceptional circumstance. When
“We’re in the beer brewing business, we don’t want to be restaurants.”
BRICE TIMMONSHIGH COTTON BREWING
ANDY ASHBY + DREW BARTON MEMPHIS MADE BREWING CO.
17
such boards across the state have granted them
in the past, those decisions get thrown out.
“The courts have been pretty unanimous in their
disagreement with alcohol commissions acting in
that manner,” Whitehead says.
Despite the new wording, and what Kellan Bartosch,
co-owner of Wiseacre, calls an “opportunity for
progress” when it comes to the archaic laws
governing beer and alcohol in the city, when he
and co-owner, brother Davin Bartosch, took their
concept for Wiseacre and their taproom in front of
the beer and alcohol commission—the first to do
so—there was some confusion.
“But nobody was really that pushy,” Kellan says.
“Aubrey Howard [administrator of the city’s
permits office] knew that this was the first one, so
he was kind of fielding questions and helping us go
through the process.”
The general consensus, from the districts that are
seeing these breweries open up, to those that make
and change the laws, to the Mayor’s Innovation
Team, to the mayor’s office itself, seems to be that
this is a good thing for the communities and the city
as a whole.
In the Cooper-Young neighborhood, partners
Drew Barton and Andy Ashby are under way with
Memphis Made. Barton has a degree in zymurgy
management from the University College at the
University of Memphis and may be the only person
in the school’s history to graduate with a degree in
beer. He worked for more than three years as head
brewer for French Broad Brewery in Asheville,
N.C. Like the Bartosch brothers, he came
back to Memphis to invest in his hometown,
evidenced by the renovation of a 6,500-square-
foot former pie factory in Cooper-Young that
Memphis Made calls home.
The economic positives are easy to enumerate,
beginning with the economic investment notable
within each community. Wiseacre has invested just
over $1 million in its 13,000- square-foot facility with
High Cotton putting in half of that amount, and
Memphis Made half again. Each new microbrewery
has plans to hire additional workers as their business
plans expand. Ghost River employs more than a
dozen and has recently expanded its output,
doubling production to 12,000 barrels a year,
with an investment to the tune of $700,000.
While the fixed-distance requirement, as well as
others, still exists in the code, Whitehead, along
with Timmons and Howard, and city attorney
Roane Waring, III, have worked to grant an
exemption from those distance requirements for
microbreweries. The work doesn’t stop there,
however, and a complete rewriting of the beer code
is under way. The intent is to begin with a kind of
baseline ordinance, so that those wishing to open
a beer-based business going forward will, at the
very least, be able to go into it with full knowledge
of what is allowed and what is not.
The changes in Memphis are happening quickly,
with microbreweries coming online, followed
quickly by retailers that sell only craft beers by the
drink, as well as growlers to take home. There is no
provision for them, currently, under the beer laws,
but the team is redlining the old laws to create a
workable system to benefit the industry and ensure
a level playing field to promote success.
“It’s about changing the culture of the city around
beer,” Timmons says. He reaches back to beer laws
from the 19th century: “There’s this concern that
every time that you sell beer, you’re running the
risk of a moral hazard, that you could damage a
community by creating an environment where vice
will run rampant.”
Far from it, Timmons and the others see such
businesses as boons for a neighborhood and the
city’s economy as a whole. Future laws are focusing
on permits that apply to locally brewed beers in
nontraditional containers or through a tap. The
laws need to be reflective of the current state of
business, as well as open to what might be on the
horizon, and the laws are being rewritten with such
generalities considered.
The team working on the new codes is working
with all governmental parties concerned, and,
Cont’d on pg 30
DAVIN + KELLAN BARTOSCHWISEACRE BREWING CO.
18
TRUE BLUEALUMNI SPOTLIGHT
EDWARD L. STANTON, IIIEdward L. Stanton, III, is a lifelong Memphian
and graduate of the University of Memphis Cecil C.
Humphreys School of Law, where he received his
J.D. in 1997. In April 2010, Stanton was nominated
by President Barack Obama for the position of
U.S. attorney for the Western District of Tennessee
and was sworn into office in August of that same
year. Prior to becoming U.S. attorney, Stanton
served as senior counsel with FedEx®, where he
was a member of the commercial litigation team.
He also served as an assistant city attorney for the
city of Memphis and was in private practice
with two Memphis firms.
U.S. Attorney Stanton is a former president
of the Ben F. Jones Chapter of the National Bar
Association and has served as a board member
of the University of Memphis School of Law
Alumni Chapter, as a fellow of the Memphis and
Shelby County Bar Foundation, and on the board
of the Downtown Memphis Commission.
“I am deeply invested in making
this city and community a better place, so being
U.S. attorney is more than just a job
for me.”
19
ML: Who has been your greatest inspiration, both personally and professionally? What influences and teachings has he or she imparted to you?Edward L. Stanton, III: My parents have been
the greatest and most important influence on my
life. I continue to aspire to the model of integrity,
character, and work ethic that they set for me.
They’ve made countless sacrifices for me and have
always taught me to put faith and family first. As
for inspiration, my wife and kids are my greatest
influence. I am motivated by them (and learn from
them) each day. Professionally, former Shelby
County Circuit court judge, the late James E.
Swearengen, was an influential mentor of mine.
I had the privilege of being a law clerk for this
trailblazing pioneer who was also one of the first
African-American graduates of the University of
Memphis School of Law.
ML: Why did you go to law school?ES: I have always wanted to be an agent of change
and to advocate for those in the community who
need someone to stand up for them. Law school at
the University of Memphis provided this opportunity.
Notwithstanding all the lawyer jokes you might
hear, I still believe law is one of the most noble
of all professions. From the Bill of Rights to civil
rights, lawyers have always been on the front lines
of making this country and world a better place.
ML: What led you to the U.S. Attorney’s Office?ES: Since serving on the student council as a fifth-
grader at Idlewild Elementary, public service has
always been a passion of mine. It was an honor
to even be considered for the position of U.S.
attorney, and I was deeply humbled when President
Obama nominated me. While it was hard to leave
a company for which I truly enjoyed working, the
opportunity was simply one I could not pass up.
ML: What do you find most challenging about the legal landscape in the Western District?ES: From my perspective, the biggest administrative
challenge our office faces is the federal govern-
ment’s budget climate. My staff is constantly asked
to do more with less, and the combination of
sequestration, the government shutdown, and
the department’s hiring freeze has been difficult.
But fortunately, the U.S. Attorney’s Office has a
dedicated and talented staff of public servants, and
we have not and will not let the budget challenges
compromise our mission of protecting the
vulnerable and seeking justice.“I have always
wanted to be an agent of change and to advocate for those in the community
who need someone to stand up for them.”
ML: What were the most important lessons that you took from your time with FedEx as senior counsel to your position as U.S. attorney? ES: Working at FedEx, one certainly learns
a lot about global commerce and how
interconnected today’s world is. The world
is a lot smaller than it used to be, thanks to
the internet and technological advances. As
the chief federal-law-enforcement officer in the
district, I have seen how this interconnectedness,
unfortunately, is no different for those engaged
in crime. Whether, it’s human trafficking, financial and
healthcare fraud, or the distribution of dangerous drugs,
criminals are crossing state and national borders more often.
Although these criminals are using new tools and techniques to
try to stay ahead of the authorities, we and our law-enforcement
partners work diligently to hold them accountable and
bring them to justice.
ML: Was staying in Memphis important to you when making your career choice? How does being from Memphis help drive your passion to serve the community?ES: Absolutely! From preschool to law school, I was
educated right here in Memphis. The University
of Memphis School of Law provided me with a
top-notch legal education at an affordable rate,
and it prepared me well for the rigors of being
a practicing attorney. When I graduated, I
dedicated myself to serving this community, in
particular. Of course, Memphis is a city with a
distinct character, great people, and enormous
potential. Most important, Memphis is where I
live, work, and worship, and it is where my wife
and I choose to raise our family. I am deeply
invested in making this city and community a
better place, so being U.S. attorney is more
than just a job for me.
20
“What was most impressive to me was his interaction with our students. He really does view law students as his primary audience.” PETER LETSOU
A DAY AT MEMPHIS LAW with U.S. Supreme Court Justice
ANTONIN SCALIAUnited States Supreme Court Justice Antonin Scalia spent a day in
Memphis in December 2013, devoting his time to Memphis Law faculty, staff, students, and the legal community at a variety of events.
21
Perhaps what was most impressive about the
justice’s visit was the amount of time he devoted
to sharing his thoughts with students and the
legal community. The justice spent close to
eight hours speaking to various audiences and
opened all of his programs up to a unique
question-and-answer format that resulted in
some interesting insights.
The whirlwind of events included a private lecture
with faculty and staff in the law school’s Historic
Courtroom, a VIP reception at the Peabody
Memphis with state and federal judges and
Memphis Law Alumni Chapter board members,
a public luncheon at the Peabody with over 800
guests, a small-scale reception and Q & A at the
law school with student leaders, and an hour-long
program in Wade Auditorium with the entire
student body.
Scalia touched on several key points throughout
the day, echoing his opinions and sentiments
about a variety of issues at each event. Gridlock,
originalism, the structure of our government, the
Constitution and the role of the judiciary were
among the highlighted topics at each stop.
“Gridlock is what the Constitution is designed for,
so that only good legislation can get passed,” he
said in his speech at the Peabody luncheon. The
justice went on to stress that the Constitution’s
provisions for separation of powers are what gives
American democracy its enviable uniqueness, its
“structure,” emphatically pointing out that this
structure is not to be found in the Bill of Rights,
but in the original frame of the Constitution—
that which allows for two contending legislative
chambers, an executive with separately derived
authority, and an independent judiciary. Scalia
stated that it is this basic structure that “prevents
the concentration of power in one person, in one
party,” he pointed out to audiences throughout
the day. “All of the rest is just words on paper,”
Scalia said. The justice also emphasized that,
while the Supreme Court of the United States
makes important decisions about federal matters,
it is really the state Supreme Courts that make
the biggest difference in the daily lives of most
Americans. It’s these courts, as well as the House of
Representatives, that really have their finger on the
pulse of what is going on in the country, according
to Scalia.
Dean Peter Letsou was impressed not only by the
justice’s busy schedule, but also by his ability to
interact with law students in a relatable, yet
impressive manner. “I think he was a great example
of himself. He has some strong views and he
says them forcefully and clearly,” Dean Letsou
remarked. “What was most impressive to me was his
interaction with our students. He really does view
law students as his primary audience. He dissents a
lot and turning younger minds, at least letting them
understand his views directly from his mouth—I
think it’s important to him. He didn’t have to field
so many questions, yet he did, and he did so in a
manner that actually taught students something
and challenged them to think about their answers.”
At all of his stops in Memphis, Scalia displayed an
easy, sometimes slightly sardonic sense of humor,
with an affable demeanor. During the Q & A
session at the Peabody luncheon, an audience
member who was asked to pose a question to the
justice stood up and praised the justice for his
work and inspirational decisions. After hearing
him out patiently, Scalia observed humorously,
“That wasn’t a very good question.” Later in the
day, he was asked by a student if he had read a
tome by liberal Justice Stephen Breyer, “Active
Liberty,” to which Scalia answered wryly, “I’ve
scanned his book.”
This historic visit successfully captures the positive
momentum that the law school has experienced
in recent years. Students and alumni alike praised
the event, regardless of their personal or political
views, stating that it was simply a monumental
occasion that our law school could bring someone
so prestigious in to speak with the students and
the legal community in such a variety of formats,
and with such direct interaction.
While everyone at Memphis Law was ecstatic about
how the day turned out, with students and alumni
beaming with pride for their school, Scalia gave
one final glimpse into his unique personality.
Summing up his visit, the justice characterized his
mission this way: “I go around to law schools just to
make trouble.”
“What was most impressive to me was his interaction with our students. He really does view law students as his primary audience.” PETER LETSOU
22
ALENA ALLENProfessor Allen was one of four authors selected to present an article at the Health Law Scholars Workshop by the American Society for Law Medicine and Ethics at St. Louis University. She also recently published an article titled “Regulating Health and Wealth” in the Cardozo Law Review.Professor Allen was also admitted to participate in the George Mason LEC Economics Institute for Law Professors in June 2014.
LYNDA WRAY BLACKProfessor Black’s article “The Birth of a Parent: Defining Parentage for Lenders of Genetic Material” was accepted for publication by the Nebraska Law Review in the June 2014 volume. In addition, Professor Black will be part of a SEALS 2014 Discussion Panel on the topic “Designing an Estate-Planning Course.”
JEREMY BOCKProfessor Bock’s article “Error-Correction at the Federal Circuit” from the N.Y.U. Journal of Intellectual Property and Entertainment Law was selected via competitive blind review for presentation at the 6th Annual Junior Scholars in Intellectual Property Workshop at Michigan State University College of Law in October 2013.
AMY CAMPBELLProfessor Campbell co-authored the article “Interprofessional Education for Future Physicians: Including Legal Competencies” in the Medical Science Educator, relating to her work with the ASLME Health Law Professors’ Conference, and planned additional grant-funded task-force work.
DONNA HARKNESSProfessor Harkness’ article entitled “What Are Families for? Re-Evaluating Return to Filial Responsibility” appeared in Vol. 21, Issue 2 of The Elder Law Journal. Professor Harkness also spoke on the topic “Ethical Considerations When Representing the Elderly Client” as part of the National Business Institute’s CLE program in October 2013 on Resolving Legal and Financial Issues in Elder Care.
D.R. JONESProfessor D.R. Jones’ article “Protecting the Treasure: An Assessment of State Court Rules and Policies for Access to Online Civil Court Records” was published in the Drake Law Review in 2013. The article was distributed in the LSN Information Privacy Law eJournal, the LSN Cyberspace Law eJournal, and the LSN Information & Technology eJournal.
After the distribution of this article, Professor Jones was invited to participate in the 6th Annual Privacy Law Scholars’ Conference in June 2013 at Berkeley Law School. The Conference was sponsored by the Berkeley Center for Law & Technology and the George Washington University Law School. Professor Jones presented her paper “Locked Collections: Copyright and the Future of Research Support” at the Workshop on Legal Information and Information Law and Policy. This paper was accepted for publication in Law Library Journal. In August 2013, Professor Jones presented another paper topic at the 14th Annual Intellectual Property Scholars’ Conference held at the Benjamin N. Cardozo School of Law in New York City. The incoming president of the American Association of Law Libraries (AALL) recently appointed Professor Jones to serve as the vice chair/chair-elect of the AALL Copyright Committee.
BORIS MAMLYUKProfessor Mamlyuk participated in an academic conference titled “Russia Between Asia and Europe” in Moscow and Perm, Russia, from May 27 to June 2, 2013. The conference was organized by Rossotrudnichestvo, under the jurisdiction of the Russian Ministry of Foreign Affairs. Professor Mamlyuk also participated in the Institute for Global Law and Policy Conference and Colloquium at Harvard Law School from June 2 to June 8, 2013. He presented remarks on a forth-coming article (with Dr. Karolina Zurek) titled “Political Economy of a 21st Century Corporate Mass Merger: Walmart-Massmart and the Future of Global Governance.”
ANDREW McCLURGProfessor Andrew McClurg’s article “Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation” will be published in the Hastings Law Journal. Professor McClurg’s proposed statute has been incorporated by the Florida Task Force to Strengthen Laws to Protect Vulnerable Adults as part of its recommendations for legislative action. Professor McClurg was a panelist at the Plough Foundation’s breakfast event, The Silent Epidemic: Elder Maltreatment and Victimization—A Community Response. Among the other panelists was University of Memphis law graduate Amy P. Weirich, district attorney general for Shelby County.
STEVE MULROYTexas Tech Law School hosted Professor Mulroy in a faculty exchange through the South Central Association of Law Schools. He spoke on “Raising the Floor: Constitutional Principles on the Public Policy Exception to the Employment at Will Doctrine,” which will be published by Florida State Law Review, co-authored by Amy Moorman of Elon Law.
IN THESE HALLS: FACULTY ACCOMPLISHMENTS
23
DANNY SCHAFFZINProfessor Danny Schaffzin’s article “Warning: Lawyer Advertising May Be Hazardous to Your Health! A Call to Limit Commercial Solicitation of Clients in Pharmaceutical Litigation” will be published in a forthcoming issue of the Charleston Law Review. During the 2013 Southeastern Association of Law Schools (SEALS) Annual Conference, Professor Schaffzin made two invited presentations as part of the Conference’s Workshop on Experiential Education: In a discussion group session entitled “Experiential Legal Education—Assessing the Present and Imagining the Future,” he presented an essay entitled “So, Why Not an Experiential Law School?” The essay will be published in a forthcoming issue of the Elon University Law Review. In a panel program entitled “Hot Button Issues in Field Placement Courses,” he presented on the topic of “Classroom Is Crucial: The Importance of the Externship Seminar Component in the Advancement of Field Placement Pedagogy.” Professor Schaffzin served on the Planning Committee for the Clinical Legal Education Association’s New Clinicians Conference in San Juan, Puerto Rico, and, along with Professor Margaret Moore Jackson, presented “Clinical Legal Education: The Lay of the Land” at the Conference in April 2013. Professor Schaffzin presented a poster entitled “Clinic Student as Teacher: Developing Professionalism and Transferrable Skills Through Student-Led Community Workshops” at the AALS Clinical Conference in San Juan, Puerto Rico, in April 2013.
JODI WILSONProfessor Wilson’s latest article, “Proceed with Extreme Caution: Citation to Wikipedia in Light of Contributor Demographics and Content Policies,” was published in the Vanderbilt Journal of Entertainment and Technology Law in early 2014.
CHRIS ZAWISZAProfessor Zawisza made the following two presentations: “Trial Skills for Children in the Courtroom,” Memphis and Shelby County Juvenile Court CLE, October 18, 2013; and “Legal Issues in Education Law,” at the University of Memphis Department of Education Student Teaching Seminar, in October 2013. Professor Zawisza was also a Tennessee trainer for the National Institute for Trial Advocacy/Tennessee Administrative Office of the Courts program on Trial Advocacy for the Child Welfare Attorney in July of 2013 in Murfreesboro, Tenn. Professor Zawisza also gave two presentations in Amsterdam, in the Netherlands in 2013, at the 33rd International Congress on Law and Mental Health. The first, with Professor D’lorah Hughes from the University of Arkansas School of Law, was titled “Teaching Cross-Cultural Competence in Law Schools: Understanding the ‘Self’ as ‘Other.’” The second was titled “Therapeutic Jurisprudence Marries the Rules of Professional Conduct: The Alternative Spring Break Model.”
SPRINGFIELD FAMILY
The Cecil C. Humphreys School of Law has a long history
with Jim Springfield (LLB ’60) and his family. The family’s
patriarch, C. L. Springfield, Sr. (LLB ’31), started the tradition,
before the school was even officially a part of the University
of Memphis. Spanning four generations, the Springfield
family is an example of dedication and support to Memphis
Law. Members of the Springfield family stopped by Memphis
Law recently to visit our history room (where an original
photo of C. L. Springfield, Sr., resides) and have a photo
made commemorating their legacy. The family has taken
steps to ensure that other Memphis Law students receive
valuable financial support to attend Memphis Law and has
provided a scholarship to incoming 1L students.
C. L. Springfield, Sr., LLB, University of Memphis School of Law, June 1931
James F. Springfield, Sr., LLB, University of Memphis School of Law, January 1960
Sidney Springfield Evans, JD, University of Memphis Cecil C. Humphreys School of Law (Presidential Scholarship), May 1983
Robert Scott Evans, 2nd-year law student, University of Memphis Cecil C. Humphreys School of Law (Presidential Scholarship)
’31’60’83
2L24
The Hon. Richard McCully was awarded the 2013 Outstanding Alumnus Award by the University of Memphis College of Arts and Sciences Alumni Chapter.
John I. Houseal, Jr., from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of mediation, construction litigation, healthcare law, and insurance law. Mr. Houseal was also named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare” and was recently selected for inclusion in Mid-South Super Lawyers in the areas of healthcare, insurance coverage, and construction litigation.
M. Anderson Cobb, Jr., from the firm of Harris Shelton Hanover Walsh, was listed in the 2014 edition of The Best Lawyers in America and selected as the vice chancellor of the Episcopal Diocese of West Tennessee.
Clyde Crutchfield earned his certification as a Section 31, listed general litigation mediator.
Douglas Earthman was listed as a leading U.S. Attorney in the areas of real estate and secured lending in the Chambers USA 2013 guide. He was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of real estate law, securitization, and structured finance law. Mr. Earthman was also recently selected for inclusion in Mid-South Super Lawyers in the areas of bonds/government finance and real estate.
John Noland, of the firm Henderson, Franklin, Starnes & Holt, was selected for inclusion in the 2013 Florida Super Lawyers magazine.
Ralph Thomas was recently named to the Order of the Palmetto—the highest civilian honor in the state of South Carolina.
James D. Wilson, from Harris Shelton Hanover Walsh, was listed in the 2014 edition of The Best Lawyers in America and named a Mid-South Super Lawyer in 2013. Mr. Wilson was also named a fellow of the American College Trial Lawyers.
James L. Kirby was selected for inclusion in the 2014 edition of The Best Lawyers in America and was named a Mid-South Super Lawyer by Mid-South Super Lawyers magazine in 2013.
Edward J. McKenney, Jr., was named the Memphis Municipal Law “Lawyer of the Year” in the 2014 edition of The Best Lawyers in America.
Jim Summers, of Allen, Summers, Simpson, Lillie & Gresham, was selected by Mid-South Super Lawyers Magazine as a Mid-South Super Lawyer in the field of construction litigation for 2013. Mr. Summers was selected for inclusion in the 2014 edition of The Best Lawyers in America. Additionally, he was elected president of the Tennessee Association of Construction Counsel for 2014.
W. Steven West was named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare.”
Charles W. Hill, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of commercial litigation, labor and employment litigation, and employment law. Mr. Hill was also recently selected for inclusion in Mid-South Super Lawyers in the areas of employment and labor, securities legislation, and business legislation.
R. Hunter Humphreys was listed as a leading U.S. attorney in the areas of real estate and secured lending in the Chambers USA 2013 guide. Mr. Humphreys was selected for inclusion in The Best Lawyers in America (2014 edition) in the area of real estate law. Hunter was also named as one of the Top Lawyers in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Banking & Finance Law,” based on Martindale-Hubbell’s AV Preeminent
ratings, and was recently selected for inclusion in Mid-South Super Lawyers in the areas of real estate and business/corporate law.
Lancelot L. Minor, III, a partner with the Memphis law firm of Bourland Heflin Alvarez Minor & Matthews, was selected as a 2013 Mid-South Super Lawyer by the publishers of Mid-South Super Lawyers magazine.
Douglas P. Quay, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of corporate law and tax law.
Pauline Weaver was elected as delegate-at-large for the American Bar Association’s House of Delegates and recently received the Nelson Award from the ABA’s Government & Public Sector Lawyers Division for outstanding service to the ABA. Ms. Weaver was elected Treasurer of the Division. She was chosen as one of 100 Women Who Make a Difference—by the Center for Research on Women at the University of Memphis—and was an observer for the ABA to the Military Commission Hearings in Guantanamo (Cuba). Ms. Weaver is also the 2014 National Law Day Chair for the ABA.
Jocelyn Wurzburg was recently awarded the Jocelyn D. Wurzburg Civil Rights Legacy Award at the 50th Anniversary of the Tennessee Human Rights Commission. Ms. Wurzburg was also recently inducted into the Tennessee Women’s Hall of Fame, alongside former University of Memphis President Shirley C. Raines. Ms. Wurzburg received the “Be the Dream” Martin Luther King, Jr., Legacy Award in early 2014, and the annual Grayfred Gray Mediation Award from the Tennessee Association of Professional Mediators in late 2013.
Randall B. Womack, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of environmental law and environmental litigation. He was named in the same publication as the Memphis Lawyer of the Year for 2013, in the area of environmental litigation. Mr. Womack was recently selected for inclusion in Mid-South Super Lawyers in the area of environmental law.
Steven Douglass was selected as a 2013 Mid-South Super Lawyer by the publishers of Mid-South Super Lawyers magazine and was listed in the 2014 edition of The Best Lawyers in America.
Charles C. Drennon, III, was listed in the 2014 edition of The Best Lawyers in America.
Linda Warren Seely received the 2014 Marion Griffin-Francis Loring Award at the 2014 Association for Women Attorneys Banquet in January 2014.
Lynn A. Gardner, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the area of real estate law.
David Pickler was named the 66th president of the National School Boards Association on April 15, 2013. Pickler was also announced as the 2013 National School Board Member of the Year in September 2013. He accepted the prestigious Bammy Award, which “identifies and acknowledges the extraordinary work being done across the entire education field every day.”
William L. Bomar, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of medical malpractice law and personal injury litigation. Mr. Bomar was named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare.”
This past November, the Department of Justice and the Attorney General awarded Steve Parker The John Marshall Award for Outstanding Legal Achievement for Participation in Litigation. The award was for the litigation of the United States v. City of New Orleans.
ALUMNI: SETTING THE BAR
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Rice Byars, Jr., was listed in the 2014 edition of The Best Lawyers in America. He was also named a member of the Estate Planning Council of Memphis for 2013 and a member of the Economic Club of Memphis.
Jim Strickland received the Public Servant Award in honor of Bobby Dunavant on February 27, 2013. This award was established to recognize distinguished work by public servants of the citizens of Memphis and Shelby County.
In November 2013, Michael E. Cross retired with 21 years of service, as a lieutenant colonel in the U.S. Army Judge Advocate General Corps (JAG), Tennessee Army National Guard. He served in Iraq, Germany, Korea, Italy, Kuwait, and Bulgaria.
Jim Simpson, of Allen, Summers, Simpson, Lillie & Gresham, was selected by Mid-South Super Lawyers magazine as a Mid-South Super Lawyer in the field of employment and labor for 2013.
Michael Cooley was promoted to VP and general counsel of Barr Brands International.
Molly Glover recently joined the law firm of Burch, Porter & Johnson in Memphis. Her practice focuses on general litigation and mediation.
Shea Sisk Wellford was elected as secretary treasurer of the Memphis Bar Association.
Kirk Caraway was elected President of the Memphis Bar Association for 2014. He was also selected as a “Super Lawyer” in the field of labor and employment by Law & Politics and was recently selected one of “Tennessee’s Top-Rated Lawyers” by American Lawyer Media.
Jackson Lewis P.C., one of the largest workplace law firms in the world, representing management, announced that Richard (Rick) C. Paul joined the firm’s Memphis office as Of Counsel.
Tanja Thompson, of the firm Littler Mendelson, was named the Employer co-chair for the ABA’s Committee on the Development of the Law Under the National Labor Relations Act and was one of the editors-in-chief of the labor law treatise “The Developing Labor Law,” 2013 Supplement to the 6th Edition.
Ronald T. Catelli was elected to the position of first vice-president of the Monmouth Bar Association, Monmouth County, New Jersey, in May 2013, and will assume the role of president-elect in May 2014, and president in May 2015. He was recently appointed to the New Jersey Supreme Court, District IX (Monmouth County), Fee Arbitration Committee.
Allison Gilbert was listed in the 2014 edition of The Best Lawyers in America and listed as a Mid-South Super Lawyer, Rising Star in 2012. She is also a current board member and past president of the Ronald McDonald House of Memphis, and a recently named advisory board member of Lambda Alpha International, Memphis Chapter.
Christopher Lamberson was recently selected for inclusion in Mid-South Super Lawyers as a Rising Star in the areas of real estate, business/corporate, and mergers and acquisitions.
The Hon. Rachel Bell was recently elected to serve as Davidson County General Sessions judge for Division VIII (8). She was elected to fulfill the remaining two-year term from the vacancy left by her predecessor, Judge Leon Ruben.
Matthew J. Kirby was selected as treasurer of the technology section of the Memphis Bar Association for 2014.
Kyle I. Cannon was selected to the 2013 Tennessee Super Lawyers list as a Rising Star.
Jay Ebelhar was named as a new shareholder of the firm Baker, Donelson, Bearman, Caldwell & Berkowitz.
Don L. Hearn was recently selected for inclusion in Mid-South Super Lawyers in the areas of business litigation, employee benefits/ERISA, and construction litigation.
Andy Wohlfarth was named a shareholder of Evans Petree P.C. His law practice focuses on estate planning, probate administration, and tax. Kannon Conway was named to the 2013 Tennessee Super Lawyers list as a Rising Star.
Lewis Lyons was named a Rising Star by Mid-South Super Lawyers in 2013. He was invited to present a seminar at the Memphis Bar Association’s annual Bench-Bar conference in Destin, Fla., in May 2014, and was admitted to membership in the Transportation Lawyers Association in 2013.
Tyler Smith was named a member of Leitner, Williams, Dooley & Napolitan, PLLC, in their Knoxville office.
Tricia M.Y. Tweel was named as the vice chair for 2013 of the Memphis Bar Association, Probate and Estate Planning section.
Thornell Williams, Jr., was named a shareholder at Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.
Brian L. Yoakum joined Evans Petree P.C. as a shareholder. Mr. Yoakum’s practice primarily focuses on commercial litigation and corporate law.
Jessica Benton was named to the 2013 Tennessee Super Lawyers list as a Rising Star.
Charles Holliday was named to the 2013 Tennessee Super Lawyers list as a Rising Star.
Harry Lebair, IV, of Allen, Summers, Simpson, Lillie & Gresham, was selected as a Mid-South Super Lawyer, Rising Star by Mid-South Super Lawyers magazine in the field of construction litigation for 2013.
Mark T. Jobe joined the firm of Glankler Brown as an associate.
Derek Carson, former law clerk for the Hon. Terry R. Means, U.S. District Judge, Northern District of Texas, Fort Worth Division, joined Cantey Hanger LLP as an associate. He will focus his practice within the firm’s general litigation section.
Rachel Militana joined the Tennessee General Assembly in the Office of Legal Services as a legislative attorney.
Razvan Axente joined the firm Shook Hardy & Bacon in Tampa, Fla.
Joshua Baker joined the firm of Martin, Tate, Morrow & Marston.
Andrew Droke joined the law firm of McNabb, Bragorgos & Burgess, PLLC, in Memphis.
Caroline Giovannetti joined the law firm of Harris Shelton Hanover Walsh in 2013 as an associate attorney. She was named the president of the Saint Agnes Young Alumnae Association in 2013.
Zach Jones joined the firm of Stites & Harbison in the Construction Service Group.
Jake A. Kasser joined the firm of Glankler Brown as an associate in 2013.
Gavin Smith joined the Shelby County District Attorney’s Office.
Chase Teeples served in two recent clerkships, one with the Hon. Bernice B. Donald, circuit judge, United States Court of Appeals for the Sixth Circuit, in Memphis. The second clerkship (beginning in Sept. 2014) will be with the Hon. William O. Bertelsman, senior district judge, United States District Court for the Eastern District of Michigan, in Covington, Ky.
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Student Profile: Holly Palmer Cont’d from pg 10
ML: Discuss an instance that you’ve experienced while in law school that has made an impact on you and what you want to do with your career.
HP: During my 1L year, a friend convinced me to spend a Saturday morning
volunteering at a general advice legal clinic by Memphis Area Legal Services
(MALS). For the first portion of the morning, I spent time helping clients
fill out forms and identify their basic legal issues. During the second half, I
was assigned to an attorney and got to sit in on several client interviews. The
rawness of this interview process surprised me. Several clients cried as they
told their stories, or just seemed emotionally drained from the problems
they were facing. Although this didn’t influence my intended career path,
it made me realize the importance of pro bono work. The MALS Saturday
legal clinic made me realize that I have a duty as a professional to provide
access to the justice system for those of limited means. No one has time for
pro bono. You have to make time. And I just want to be a part of helping
people solve their problems.
Abe Fortas Cont’d from pg 14
So, at the urging of several fellow justices, and to avoid the possibility of
impeachment, Fortas resigned from the Court. His decision was based on his
concern for the reputation of the Court and that of his wife, Carol Eggers, a
prominent tax attorney. Fortas later said he also resigned to remove the focus
from fellow justice and close friend William O. Douglas, who was also under
investigation for accepting outside money. As a result of these scandals, the
American Bar Association later revised its policies on Supreme Court justices
accepting money from other sources.
Following his resignation, the law firm he helped found refused to hire
him. Fortas managed to establish another successful firm, even arguing
a case before the Supreme Court. He was awaiting the outcome of that case
when he died of a heart attack in Washington, D.C., on April 5, 1982. Fortas
was 72 years old.
THE LEGACY OF ABE FORTASDespite his hasty and humiliating departure from the Supreme Court, Fortas
is honored with a painting at Yale University, his law school alma mater. Each
year, his undergraduate school, Rhodes College, recognizes its top pre-law
student with an award in his name.
“If you look back, what he was accused of seems technical and minor
by today’s standards… and somewhat political. I think there’s a certain
inclination to shun him in a way that is probably very unfair,” says Marcus
Pohlmann, Rhodes political science professor and coach for the school’s
mock trial team. “He was a very important jurist. His Supreme Court stint
was short and in other times, he probably would have survived. If what he
accomplished is any indication, he might have been a giant.”
“No one has time for pro bono. You have to make time. And
I just want to be a part of helping people solve
their problems.”
“If you look back, what he was accused of seems technical and minor by today’s standards… and somewhat political. I think there’s a certain inclination to shun him in a way that is probably very unfair.”
MARCUS POHLMANN
27
David A. Cook, an alumnus of the University of
Memphis School of Law and president of the
Hardison Law Firm, has become a local expert on
Fortas. He recently conducted research for a CLE
he presented about his fellow Memphian. Cook
acknowledges that even though historical accounts of
Fortas’ life always end with his alleged wrongdoings,
there is much more to admire about the courage this
brilliant attorney displayed in the courtroom.
“Fortas has been vastly overlooked, and it’s regrettable
that his public career came to a conclusion,” says
Cook. “But what an individual. What a man he must
have been to rise… from where he started… to those
heights. And to have the intellectual honesty to do
what he thought was right in the courtroom,
regardless of the consequences.”
Hugh Francis, a 2013 Memphis Law grad, is a first-
year associate with the Hardison firm and assisted
Cook with the Fortas research. Francis admits that
until recently, he didn’t know Fortas was from
Memphis. That’s something he’d like to see change
for everyone.
“I would think that anyone who could make it from
Memphis to sitting on the Supreme Court of the
United States should receive more recognition in
the city,” says Francis.
In the last few years, Fortas’ work has received a great
deal of attention in his hometown. The majority
opinions delivered by Fortas in Kent (1966) and In
re Gault (1967) have guided the investigation and
reforms of Shelby County’s juvenile justice system.
This past December marked one year since Shelby
County signed an agreement to avoid a costly, drawn-
out lawsuit with the U.S. Department of Justice. The
Memorandum of Agreement was the result of a five-
year DOJ investigation of the Shelby County Juvenile
Court. The Justice Department charged that
the Court failed to uphold due process for
children, and that black children were not
provided equal protection from the law.
Today, a majority opinion written four decades
ago by a Supreme Court justice from Memphis
reminds us what a fair justice system should
look like, especially for our children:
“Gault expounded upon the deficiencies in
juvenile courts, noting that ‘departures from
established principles of due process resulted
not in enlightened procedure, but
arbitrariness.’ Gault, 387 U.S.
at 18. Gault focused not on
creating a system of rigid
formality, but on ensuring
that juveniles were afforded
the protections of due
process. In essence, the
Court outlined important
constitutional proces—the
right to counsel, the right
to notice of the charges,
the right to confront
witnesses and the
right to be free
from compulsory
self-incrimination” (Investigation of the Shelby
County Juvenile Court, U.S. Department of Justice
Civil Rights Division, April 26, 2012).
Much like the city of his birth, Fortas’ life is
complicated and, in places, troubling; yet, his
impact on our country is profound. His story does
not fit neatly into the template for “Local Boy
Does Good,” but Abe Fortas may very well be the
most remarkable Memphian of our time.
“What a man he must have been to rise… from where he started… to those heights. And to have the intellectual honesty to do what he thought was right in the courtroom, regardless of the consequences.” DAVID A. COOK
28
Sadly, Memphis is typical of most American cities,
struggling to meet the demand for quality criminal
defense in its justice system. In 2012, the 75-plus
lawyers in the Shelby County Public Defender’s
Office provided advocacy in over 30,000 cases. As a
result, many of our lawyers have workloads well in
excess of any recognized national standard.
When I first joined the Shelby County Public
Defender’s Office in the fall of 2000, I had just
graduated from the University of Memphis School
of Law. The United States was well on its way to an
unprecedented incarceration rate, which today is
the highest of any nation in history. As a poor urban
center with a large minority population, Memphis
was in the midst of an epidemic. I was assigned
to Division 10 of Shelby County General Sessions
Criminal Court, and just days after receiving my
law license, I was in court with dozens of cases per
day, just as my colleagues had been for years. Over
the last decade, the workloads have continued to
increase as the growth of arrest and incarceration
rates has slowed only slightly.
Today, a first-year public defender in Memphis, and
in public defense systems around the country, can
expect to take on workloads just like I did more
than a decade ago, and there is little relief in sight.
Since the monumental holding in Gideon 50 years
ago, state and local governments have yet to fully
assume the responsibility of what it means to
provide zealous advocacy for every citizen facing
potential incarceration.
There is hope, however. The problem of under-
resourced and overworked public defenders
has led to some innovative solutions and much-
needed attention. One such solution is Gideon’s
Promise, which has placed and helped train several
new attorneys in the Shelby County Public Defender’s
Office over the last three years. Gideon’s Promise
is a national organization committed to creating a
community of advocates that drives reform from
within troubled public defense systems across the
South. Through its partnerships with law schools and
public defender offices like ours, Gideon’s Promise
is helping recruit and train the next generation of
public defenders.
U.S. Attorney General Eric Holder has been an
advocate for the cause of public defense reform
during his tenure as the nation’s highest-ranking law
enforcement official. His Justice Department has
made unprecedented strides toward parity in the
criminal justice system. Most recently, the DOJ filed
a statement of interest in Wilber v. City of Mt. Vernon, a
pending Washington state case with public defender
workloads and the right-to-counsel mandate of
Gideon at its center. Holder has made it clear that the
United States government is paying close attention to
the public defense crisis in America and will continue
to support reform efforts, wherever they exist.
Of course, much closer to home here in Memphis,
another Department of Justice action has resulted in
the creation of a Juvenile Defender Unit in Shelby
County. In the well-documented 2012 findings
of the DOJ, the defender function at the Shelby
County Juvenile Court was found to be a significant
contributor to the unconstitutional outcomes cited
in the report. As a result, the state of Tennessee
and Shelby County have combined to support a
specialized team of public defenders and a better
system for training and assigning private advocates
for the children of Shelby County.
While the right-to-counsel hopes of the Gideon
Court are far from being realized, it has never
been a more exciting time to be a public defender.
The next 50 years of public defense has begun on
a promising note, and with the help of the next
generation of passionate and determined lawyers,
public defenders will continue to advance the cause
taken up by Abe Fortas more than five decades ago.
THE RIGHT TO COUNSEL IN MEMPHIS: 5 0 Y E A R S A F T E R G I D E O N
GIDEON
With a groundbreaking, unanimous right-to-counsel mandate from the highest court in the land, it is easy to imagine how the 1963 Gideon decision could have been the foundation for a criminal justice system blind to class and ability to pay. However, 50 years later, we have nothing of the sort.
“The problem of under-resourced and overworked public defenders has led to some innovative solutions and much-needed attention.”
JOSH SPICKLER
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Black-Letter Brewing Cont’d from pg 18
once drafted, the new codes will be presented to
the Memphis City Council. The team is looking
at a time frame of spring 2014 for the completion
and presentation.
While this radical rethinking of beer is going on
locally, at the state level there is a push among
brewers and wholesalers to change the state’s
definition of beer to include malt beverages
containing up to 10-percent alcohol by weight
(twice the current percentage allowed), which
“would essentially free us up to brew the same
range of beers that are brewed in most other
states,” Timmons says. “We are one of the last
Southern states holding out the old low-gravity
beer definition.” This change would remove these
“big beers” from being regulated as liquor, and
place them under the same permit as beer and in
the jurisdiction of local governments.
The question was recently posited via cyberspace
by Nashville, a city already aboard the craft-beer
trend and home to Yazoo Brewing Company:
“What in the hell is Memphis so happy about?”
The answer may be a giddiness for the fact that
so many disparate entities—city government,
entrepreneurs, community collectives, and
districts—are willing to come together to make
it a more livable and enjoyable and, therefore,
more profitable city.
Why would the mayor join a ribbon-cutting
for a brewery’s opening as he did at Wiseacre
last August? The answer is summed up best by
Timmons, the visionary Memphis Law alum:
“Microbreweries help bring communities back
together. We’re starting to see people care about
rebuilding the community, and part of that is
having a great brewery or string of breweries that
people can sort of rally behind as the local beer.
It gives people a sense of place, a sense of cultural
identity, a shared sense of community that really
only comes from whatever the local drink is. There
is something very essential to civilization about
sitting around and sharing a drink.”
“We’re starting to see people care about rebuilding the community, and part of that is having a great… string of breweries that people can sort of rally behind as the local beer… There is something very essential to civilization about sitting around and sharing a drink.”
30
1 North Front Street Memphis, TN 38103-2189
PRESORTED Non-Profit Org
U.S. POSTAGE PAIDMEMPHIS, TN
PERMIT NO. 207