spring 1997 law letter

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Georgia State University College of Law Reading Room e Law Leer Publications March 1997 Spring 1997 Law Leer Georgia State University College of Law Follow this and additional works at: hps://readingroom.law.gsu.edu/leer is Article is brought to you for free and open access by the Publications at Reading Room. It has been accepted for inclusion in e Law Leer by an authorized administrator of Reading Room. For more information, please contact [email protected]. Institutional Repository Citation Georgia State University College of Law, "Spring 1997 Law Leer" (1997). e Law Leer. 5. hps://readingroom.law.gsu.edu/leer/5

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Page 1: Spring 1997 Law Letter

Georgia State University College of LawReading Room

The Law Letter Publications

March 1997

Spring 1997 Law LetterGeorgia State University College of Law

Follow this and additional works at: https://readingroom.law.gsu.edu/letter

This Article is brought to you for free and open access by the Publications at Reading Room. It has been accepted for inclusion in The Law Letter by anauthorized administrator of Reading Room. For more information, please contact [email protected].

Institutional Repository CitationGeorgia State University College of Law, "Spring 1997 Law Letter" (1997). The Law Letter. 5.https://readingroom.law.gsu.edu/letter/5

Page 2: Spring 1997 Law Letter

Justice Anthony M. Kennedydelivers 19th Miller Lecture

IN THISISSUE

1

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W

SPRING 1997

Law Letter

The Honorable Anthony M. Kennedy,associate justice of the U.S. Su-

preme Court, delivered the 19th Henry J.Miller Distinguished Lecture. More than550 people attended the event in theRialto Center for the Performing Arts,Georgia State University’s theater locatedin the Fairlie-Poplar District of downtownAtlanta. The event was open to the pub-lic, and audience members consisted ofstudents, faculty and graduates, as wellas members of the bar and judiciary.

Kennedy began his lecture with anintroduction to the workings of theSupreme Court. He included humorousanecdotes in his explanation of theimportance of oral arguments versuswritten briefs, the role of Supreme Court

law clerks and theworking relation-ships between thejustices during thedecision-making process.

The format ofKennedy’s lectureincluded a livelyquestion-and-answer session with audi-ence members. Kennedy responded toquestions on topics including profes-

sional ethics and responsibility,broadcast indecency and the Tele-communications Act, and specificSupreme Court cases.

President Gerald Ford appointedKennedy to the United States Courtof Appeals for the Ninth Circuit.Kennedy took the oath of office in1975, thus beginning his judicialcareer. Thirteen years later, Kennedytook the oath of office as associatejustice of the United States SupremeCourt, following President RonaldReagan’s nomination.

Kennedy is the third SupremeCourt justice to deliver a Henry J.

Miller Distinguished Lecture; JusticeSandra Day O’Connor visited the Collegeof Law in 1992, and Justice AntoninScalia spoke in 1987. The Miller LectureSeries is supported by the LoridansFoundation of Atlanta.

From left, Henry J. Miller welcomes Judge William C.O’Kelley, U.S. District Court, and Justice Anthony M.Kennedy at a dinner immediately following Kennedy’slecture. President Carl Patton is in the background.

Anthony M. Kennedy

ALS pledges 10new fellowshipsThe Atlanta Law Schoolcurrently supports13 fellowships.

Page 3

CNCR finds new homeat Georgia StateCNCR bridges theory andpractice in conflictresolution throughresearch, interdisciplinarycollaboration andknowledge delivery.

Page 5

Trial Team advancesto nationalsThe team wentundefeated in the ABA’sSoutheast RegionalMock Trial Tournament.

Page 7

Graduate isFloyd County’sfirst electedfemale DASee more about TamiColston in the Class of ’90ClassActions.

Page 11

Page 3: Spring 1997 Law Letter

Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W2

DEAN’S MESSAGE

From time to time we need to re-flect upon what the future

portends for the College of Law. Littledoubt remains that the practice of lawin the 21st century will be radicallydifferent from what it has been up tonow. The ramifications of a highlytechnological society in which decisionmaking becomes increasingly global inscope can no longer be ignored.

Georgia State University’s informa-tion technology strategic planestablishes four goals: informationaccessibility; technology-enabledfaculty; technology-enhancededucation; and business-process effec-tiveness. Information accessibility andbusiness-process effectiveness will beenhanced next year by the receipt offunding to upgrade and complete anetwork infrastructure that will greatlyimprove the speed at which informa-tion from online databases and theInternet can be transmitted. Thecollege looks forward to being abeneficiary of these infrastructure

improvements.

The Law Letter is published by the Office ofDevelopment twice a year for graduates, students,faculty, staff and friends of the College of Law.Please send address changes, graduate news,comments and requests to:

Kelly LittrellGeorgia State University College of LawOffice of DevelopmentP.O. Box 4037 Atlanta, GA 30302-4037

Phone: 404/651-2040Fax: 404/651-2092Email: [email protected] our home page at http:gsulaw.gsu.edu

ReceptionistsStudent Services, 404/651-2048Faculty, 404/651-2096

Law LibraryCirculation Desk, 404/651-2478Reference Desk, 404/651-4143

College of Law AdministrationDean

Janice C. Griffith, 404/651-2035Associate Dean for Academic Affairs

Corneill Stephens, 404/651-2044Associate Dean for Administrative Services

Bob Shuford, 404/651-4161Admissions Director

Cheryl Jackson, 404/651-4162Career Services Director

Vickie Brown, 404/651-2705Development Director

Sandy Mayfield, 404/651-2142Law Librarian

Nancy Johnson, 404/651-4140

Board of VisitorsDom Wyant, Chair, Jones, Day, Reavis & PogueMiles J. Alexander, Kilpatrick Stockton LLPRepresentative Kathleen B. Ashe, District 46Byron Attridge, King & SpaldingJudge Dorothy Beasley, Georgia Court of AppealsMarva Jones Brooks, Arnall, Golden & GregoryW. Lee Burge, Retired Chairman of Equifax, Inc.Michael V. Coleman, Troutman SandersLarry M. Dingle, Peterson, Dillard, Young, Asselin,

Powell & WilsonGail H. Evans, Senior Vice President, CNNRobert P. Forrestal, Retired President of the

Federal Reserve Bank of Atlanta,Smith, Grambell & Russell

Lewis G. Holland Sr., Caldwell & Orkin, Inc.Ben F. Johnson, III, Alston & BirdJoia M. Johnson, H. J. Russell and CompanyPaul Kilpatrick Jr., Pope, McGlamry,

Kilpatrick & MorrisonJudge Phyllis Kravitch, U.S. Court of Appeals,

11th CircuitPaula Lawton-Bevington, Servidyne Inc.Clay Long, Long, Aldridge & NormanCharles D. Moseley Jr., Noro-Mosely PartnersSusan Neugent, V.P. Community Improvement,

Atlanta Chamber of CommerceSenator Mary Margaret Oliver, Joyner, Nash,

Quinn & OliverDon M. Royster Sr., Executive V.P.,

Life Insurance Company of GeorgiaRichard H. Sinkfield, Rogers & HardinLarry D. Thompson, King & SpaldingRandolph W. Thrower, Sutherland, Asbill & ThrowerL. Neil Williams Jr., Alston & BirdGene Mac Winburn, Winburn, Lewis & Barrow

Our faculty continues to explorehow teaching can be enriched withtoday’s technological advances. Profes-sor Patrick Wiseman received theuniversity’s Instructional InnovationAward this year for innovations he hasintroduced in his Law and the Internetcourse. Breaking the boundaries of thetraditional classroom, Wiseman con-ducts class on the Internet with the useof real-time conferencing software thathe developed. Because synchronousclass discussions are archived in per-manent records, students aremotivated to make their electroniccomments focused and thoughtful.

New computer equipment anda projection system installed inRoom 330 make it possible to intro-duce additional materials during aclass session by accessing the Internet,other online databases and digital dataprepared prior to class. Professor Will-iam Gregory participated last fall inBoard of Regents’ workshops designedto explore the use of this technologyas an instructional tool to enhancestudent learning. These improvementsenrich the classroom experience.Instructional materials need no longerbe confined to printed textbooks.

We want to keep the College ofLaw at the forefront of legal education.In tomorrow’s world, we must betechnologically sophisticated to do so.Let our successful student mock trialteam that went undefeated to win theAmerican Bar Association SoutheastRegional Mock Trial Tournament thisyear serve as our model and inspira-tion for future success.

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Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W 3

T

he Atlanta LawSchool trustees

have pledged supportfor an additional 10full-tuition fellowshipsfor the 1997-98 enter-ing class. This pledgeis a commitment forfull-tuition supportthroughout the recipi-ents’ legal studies, aslong as they aremaking satisfactoryacademic progress.The pledge of 10 newrenewable fellowshipsis in addition to theAtlanta Law Schoolpledge to the currentfour second-year students and ninefirst-year students. The Atlanta LawSchool fellowships enable outstand-ing students to pursue a legaleducation with fewer financialburdens.

ALS pledges support of 10additional full-tuition fellowships

Seated from left are Atlanta Law School Trustees Harvey Moskowitz and E.Lewis Hansen, Dean Janice C. Griffith and Atlanta Law School TrusteesDavid Flint and Edward Brown. Standing from left are Atlanta Law SchoolFellows Christopher Westmoreland, Marshall Sanders, Nancy Greenwood,Nowell Berreth, Louann Yeattes, Adam Princenthal, Victoria Grosz, LisaGable, Margaret Shannon, B. Dianne Usry, Joyce Gist and Teri Forehand.

The 13 Atlanta Law School fel-lows are meeting the college’s highexpectations. There are four second-year fellowship recipients, and theircombined grade-point average is86.2. A GPA of 86.2 would rank in

the top five percent ofthe class. The ninefirst-year recipientsalso had a great firstsemester. The groupaverage is 84.1. Thecollege does not rankfirst-semester law stu-dents. But, if thisgroup average holdsthrough the spring se-mester, it too willplace in the top fivepercent of the class.

Our currentAtlanta Law SchoolFellows are NowellBerreth, MichaelEisenstadt, Teri Fore-

hand, Lisa Gable, Joyce Gist, NancyGreenwood, Victoria Grosz, AdamPrincenthal, Marshall Sanders, Mar-garet Shannon, B. Dianne Usry,Christopher Westmoreland andLouann Yeattes.

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Federalism symposium is the 20th eventof the Miller Lecture Series

he College of Law andthe Georgia State Uni-

versity Law Review heldtheir second academicsymposium in February,entitled “New Frontiers ofFederalism.” Organized aspart of the law school’sHenry J. Miller Distin-guished Lecture Series, thefour-hour program was at-tended by more than 175students, faculty, gradu-ates, lawyers, judges andothers interested in thetimely and provocativesubject.

Four distinguishedguest lecturers engaged ina lively discussion and ex-

change of views on theappropriate constitutionalbalance of power betweenthe state and federal gov-ernments and on whatshould be the proper rolefor the United StatesSupreme Court in main-taining that relationship.The four featured speak-ers were: Professor LynnA. Baker of the Universityof Arizona College of Law,soon to join the faculty ofthe University of TexasLaw School; ProfessorErwin Chemerinsky of theUniversity of SouthernCalifornia Law Center;Professor Robert F. Nagel

of the University of Colo-rado Law School; andProfessor Edward L. Rubinof the University of Califor-nia at Berkeley School ofLaw.

The program also in-cluded a number ofparticipants from GeorgiaState. Professor Eric Segallserved as moderator fortwo commentary sessionsand a general panel discus-sion. Dean Janice C.Griffith and Professors L.Lynn Hogue and CharlesA. Marvin served ascommentators.

Continued on page 12

Professor Erwin Chemerinsky,of the University of SouthernCalifornia Law Center,was the opening speaker ofthe symposium.

T

Page 5: Spring 1997 Law Letter

Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W4

Tax Clinic selects newsupervising attorney

The Tax Clinic began its firstfund-raising campaign with anenthusiastic response from theclinic’s Advisory Committee andcontributions from members ofthe Tax Section of the State Bar ofGeorgia, the Tax Section itself andthe Tax Section of the Atlanta BarAssociation.

Members of the clinic’s15-person Advisory Committeemade contributions and pledges to-taling nearly $20,000. Members ofthe Tax Section of the State Bar ofGeorgia pledged or contributed anadditional $3,500. The Tax Sectionof the Atlanta Bar Association alsoboosted the fund-raising campaignwith a pledge to contribute $5 foreach of its 200 dues-paying mem-bers and the Tax Section of the StateBar of Georgia contributed $3,000.Contributors to date are:

FOUNDER’S LEVEL ($4,000 and up)Ron BlasiPhil CookRandolph ThrowerTim Trankina

COMMISSIONER’S LEVEL($2,000 - $3,999)

DIRECTOR’S LEVEL ($1,000 - $1,999)Armin G. BrecherReggie ClarkEric Throstenberg

COUNSEL LEVEL ($400 - $999)Bill FrantzBob HishonBill KinzerJar LevisonAndrew LohnTimothy PeadenBob Woodward

OTHERBrenda BatesWheeler BryanJoseph DelgadoArnold L. FeinsteinStan HacketSam Kaywood Jr.Suzanne KrausTad RansopherKelly SmithJ. Patrick Wooten

Tax Clinic’s firstfundraising campaign

From left: Dean Morley, supervising attorney of the TaxClinic, and students Michika Reynolds, Merrill Earnest,Jenny Yates, Sylvia Zamboki, Ajay Jindia, Lauren Brown,Dane Steffenson and Jennifer Wilson. Seated is BettyAllen, head of the IRS Atlanta District ProblemsResolution Office.

The Tax Clinic selected DeanMorley, the recently retired

Atlanta district counsel of theInternal Revenue Service, to assiststudents in the Tax Clinic program.

Following Morley’s graduationfrom Harvard College and EmoryLaw School, he spent a year in pri-vate practice before joining the legalstaff of the IRS. After 31 years of ser-vice, he retired from the IRS in May1996. He served as a docket attor-

ney for more than 15 years,handling all types of audit- andcollection-related issues. The last 13years he spent as district counsel, incharge of 18 attorneys and all IRScases in Georgia and South Carolina.

“One of my real satisfactions,”said Morley, “was the establishmentof the district counsel externshipprogram with Georgia State andEmory.” Each school provided twoor three students each semester toreceive an in-depth look at the legalwork and procedures in the districtcounsel’s office. After having seenthe positive impact of that endeavor,he greeted Georgia State ProfessorRonald Blasi’s effort to begin the TaxClinic in 1992 with enthusiasm.Morley helped in several ways to getthe clinic off the ground and on solid

footing with the district director ofthe Internal Revenue Service and hisstaff.

Following his retirement lastyear, Morley was looking for a posi-tive way to continue his associationwith federal tax issues when thepart-time opportunity arose to assistthe Tax Clinic. He now spends mostof the 20 hours a week directlyhelping students deal with real taxproblems brought to the clinic by

low-income taxpayers.He also assists in theclassroom portion ofthe clinic program onoccasion and strives tokeep the clinic’s work-ing relationship withthe IRS on a high levelof professionalism.

“It has been quiteinteresting to view myold agency from thisnew perspective,”Morley said. “For themost part it has been asatisfying experience. Inthose few instanceswhere the client’s orIRS’s emotions havebeen aroused, it is good

to know we can help resolve thematter as fairly and calmly aspossible.”

With 15 students and 90 activecases, the clinic has a full programthis spring. Efforts are being madeto insure adequate financial supportfor it to continue for many years.Morley observed, “I have been ex-tremely pleased to see the supportgiven to the clinic by the law school,the university and the Tax Bar. Ibelieve it reflects a genuine under-standing on all sides of the specialrole Georgia State can play in its ur-ban setting in insuring fair treatmentby our tax system of low-income citi-zens. As a practical way for studentsto learn to interact with and giveprofessional representation to cli-ents, this experience is unsurpassed.”

Page 6: Spring 1997 Law Letter

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Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W 5

L ast summer, the Col-lege of Law became

home to the Consortiumon Negotiation and Con-flict Resolution. Thanksto the generosity of thecollege, CNCR now haspermanent offices on thesixth floor of the UrbanLife Center and a re-source center supportingresearch in the areas ofconflict resolution andprevention. Additionalsupport from GeorgiaState and the chancellorhas allowed CNCR to ex-pand its staff andprograms.

Founded in 1990,CNCR is one of only 14“theory building” centersfunded nationally by theWilliam and FloraHewlett Foundation andthe only such center lo-cated in the South. While CNCR ishoused in the College of Law, facultyand practitioners throughout thestate take part in its programs.Member expertise covers the fieldsof domestic and international law,social science, political science, psy-chology, ecology and environmentalpolicy, city planning, businessmanagement and criminal justice.

CNCR’s mission is to bridgetheory and practice in conflictresolution through research,interdisciplinary collaboration andknowledge delivery. CNCR supportsresearch through its seed-grantprogram and research initiatives.The seed-grant program providesfunds for conducting or spawningresearch on cutting-edge topicsrelated to negotiation and conflictresolution. A sampling of researchactivity includes mediator qualifica-tions, violence reduction in theworkplace, community policing,effectiveness of environmental me-diation and revitalizing civic society.

In addition to the seed-grant program, CNCRhas several ongoing re-search initiatives. TheDemocracy Project, forexample, supportsefforts to revitalize par-ticipation in civic affairsin the United States.

Symposia and con-ferences serve asCNCR’s vehicle forinterdisciplinary col-laboration. CNCR holdsmonthly research sym-posia on topics of broadinterest to members aswell as to governmental,business andcommunityleaders. At theFebruary sym-posium,Nigerian lawyerand formerCarter Center

Fellow Edna Eguh shared herresearch on the topic of“Developing Sustainable En-vironmental Policies in aDeveloping Country: TheCase of Nigeria.”

CNCR also sponsors orcosponsors national confer-ences that bring togetherresearchers, practitionersand policy makers. Theseinclude the Southeast Con-ference on EnvironmentalPolicy-Making and Dispute Resolu-tion and the Lecture Series on RiskPerception and Management, amongothers. In addition, CNCR anticipatessponsoring an international confer-ence on conflict resolution in highereducation.

Knowledge delivery includesteaching, training, publications andcommunity service. CNCR producesa wide range of teaching materialsrelated to negotiation and conflictresolution. Faculty members havedeveloped multiparty negotiation

exercises for training purposes, nu-merous model curricula and severalcase studies.

In 1991, CNCR began a workingpaper series, built largely around re-sults of research catalyzed by seedgrants. CNCR teaching and trainingmaterials and publications are avail-able for purchase.

CNCR has become deeply in-volved in the implementation of theBoard of Regents Initiative andPolicy Direction on Conflict Resolu-tion. CNCR members have providedtechnical expertise and training sup-port for the initiative. They willcontinue to support the initiativethrough the administration of a

system-wide panel of neutrals; train-ing, education and consultation; anddata collection and evaluation.

Participation in CNCR is open toanyone interested in the subjects ofconflict resolution or conflict preven-tion. For information on how tobecome involved, please contactCarolyn Benne via phone at404/651-1588 or e-mail [email protected].

Consortium on Negotiation andConflict Resolution moves to Georgia State

Edna Eguh, (right), United Nations DevelopmentProject (Tokten) consultant and visiting scholar at theUniversity of Georgia, and Dr. Karl Aquino, assistantprofessor of management at Georgia State and aparticipant of CNCR. Eguh’s presentation,“Developing Sustainable Environmental Policies in aDeveloping Country: The Case of Nigeria” wasdelivered at the CNCR symposium in February.

The seed-grantprogram providesfunds for conduct-ing or spawning

research on cutting-edge

topics related tonegotiation and

conflict resolution.A sampling of

research activityincludes mediator

qualifications,violence reductionin the workplace,

community policing,

effectiveness ofenvironmentalmediation and

revitalizing civicsociety.

Page 7: Spring 1997 Law Letter

Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W6

The Student Health LawyersAssociation recently spon-

sored a timely panel discussion,“Physician-Assisted Suicide: Legaland Ethical Issues.” In a discussionmoderated by Professor CharityScott of Georgia State, the panel,composed of local community lead-ers in the field of medical ethics,presented diverse arguments onboth sides of this emotionallycharged issue.

Homer Brewer, president of theHemlock Society of Georgia, arguedthat concern for individual au-tonomy and dignity should shapeour country’s policy toward assistedsuicide and that government has noright to influence an individual’s de-cisions about his own quality of life,

including the decision surroundingwhen that life should end. The othermembers of the panel, Dr. MwalimuImara of the Department of Commu-nity Health; Dr. Brian Childs, medicalethicist from Georgia Baptist MedicalCenter; and Rabbi Brett Isserow ofThe Temple, Atlanta, presented avariety of arguments holding thatphysician-assisted suicide wouldirreparably harm our society bydevaluing the individual and encour-aging the sick to end their lives inorder to benefit others, regardless oftheir own desires. While no consen-sus was reached, these viewpointsstimulated valuable and spiriteddiscussion among those present.

The Student Health LawyersAssociation, one of the College of

Physician-Assisted SuicideForum held at Georgia State

Law’s newest student organizations,is dedicated to bringing controversialhealth care issues to the forefront ofdiscussion by professionals and thecommunity at large. The associationplans future programs on medicalmalpractice; genetic engineering andthe Human Genome Project; andlegal issues surrounding the ongoingAIDS epidemic. Membership in theStudent Health Lawyers Associationis open to all interested law students,and it encourages input regardingtopics for future programs. The asso-ciation can be reached by contactingSandy Herron, president, at GeorgiaState University College of Law,Student Health Lawyers Association,Student Box 361, P.O. Box 4037,Atlanta, GA 30302-4037.

In November, the Black Law Stu-dents Association hosted its

second annual service-awardluncheon. This year, the BLSA hon-ored Judge Dorothy Beasley of theGeorgia Supreme Court; PaulHoward, district attorney for theAtlanta Judicial Circuit; and LydiaSartain, district attorney for theNortheastern Judicial Circuit. TheBLSA presented plaques to the hon-orees, who were recognized for theirmany contributions to the legalprofession.

Special invited guests includedChief Justice Robert Benham of theGeorgia Supreme Court; GeorgiaCourt of Appeals judges; and pastBLSA honoree Sherie Welch, clerk ofthe Georgia Supreme Court. Manyadministrators, faculty, staff andstudents from the College of Lawwere also in attendance.

BLSA hosts second annualservice-award luncheon

Seated from left: Judge Marion Pope, Georgia Court of Appeals; Judge Dorothy Beasley,Georgia Court of Appeals; Chief Justice Robert Benham, Georgia Supreme Court; JudgeJ.D. Smith, Georgia Court of Appeals; and Judge Gary Andrews, Georgia Court of Appeals.Standing from left: Xernia Fortson, BLSA member; Jeff Saxby, BLSA president; LydiaSartain, honoree and district attorney for Hall County; Dean Janice C. Griffith; Judge JohnRuffin, Georgia Court of Appeals; Judge Frank Eldridge, Georgia Court of Appeals; PaulHoward, honoree and district attorney for the Atlanta Judicial Circuit; Charlotte Combre,BLSA member; Deborah Mitchell, BLSA treasurer; and Kathryn Watson, BLSA eventcoordinator.

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Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W 7

rofessor Mar-garet Howard

of VanderbiltUniversity’s Schoolof Law is GeorgiaState’s 1997 South-eastern BankruptcyLaw InstituteVisiting Professor.Howard has taughtbankruptcy andcommercial law atVanderbilt since 1982 andalso served as a visitingprofessor at the lawschools of Emory Univer-sity and the University ofNorth Carolina.

P

The College of Law’smock trial team won

the American Bar Asso-ciation’s SoutheastRegional Mock Trial Tour-nament, the oldest andmost prestigious of suchcompetitions, and theteam advanced to the na-tional tournament held inHouston in April. Theteam went undefeated inthe regional competition

The Georgia StateUniversity Law Reviewcurrently circulates toapproximately 500libraries, law firms,courts and individuals.The Law Review pub-lishes four issuesannually, including thePeach Sheets, the falllegislative review thatprovides the legal com-munity with an in-depthview of significant billspassed by the GeorgiaGeneral Assembly. TheLaw Review is publishinga survey of the extensivechanges to Georgia’sProbate Code thatwill become effectiveJanuary 1, 1998. Thisvolume should be avaluable aid to Georgiaattorneys and becameavailable in March.

The Law Reviewactively seeks supportfrom the College of Lawgraduates as well as thelegal community in theform of subscriptionsand donations. The LawReview welcomes articlesubmissions as well assuggested topics.

Name______________________________________

Address _________________________________________________________

Phone ________________

Yes, I would like to sub-scribe to the Law Review.

❏ Enclosed is my checkfor $25.

❏ Bill me.

Mail to:Georgia StateUniversity Law ReviewP.O. Box 4037Atlanta, GA 30302-4037or call:404/651-2047.

E-mail:[email protected]

Mock trial team winsprestigious regional competition

and defeated teams fromthe University of Miami,the University of Florida,Cumberland Law Schooland the University of Geor-gia. Georgia State’s teamwas the only undefeatedteam among 22 teamsrepresenting 11 schools.

The college has beencompeting in the mocktrial tournament for nineyears, and a Georgia State

team has advanced seventimes to the finals or semi-finals in the regionalcompetition.

Lawyers on the mocktrial team are Linda Day,3L, Barbara Davis, 2L, andJason Poulos, 2L. Second-year students Jeff Petryand Amy Stewart servedas the team’s witnesses inthe competition.

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Law Review

FALL 1996FIRST-YEAR CLASS

Average Age 27.68 Median LSAT 157Average UGPA 3.21 Women 50%Average LSAT 157 Part-time 29.81%Median Age 25 Minorities 21.1%Median UGPA 3.24

Professor Margaret Howard isthe 1997 SBLI Visiting Professor

ProfessorMargaret Howard

Materials, (West Publish-ing, 1995), which sheco-wrote with Peter Alces.She has also lectured ex-tensively for professionalaudiences.

During her visits,Howard will meet with stu-dents enrolled in GeorgiaState’s bankruptcy andconsumer-protectioncourses; make presenta-tions to the faculty and tothe SBLI’s directors and ju-dicial advisers; and consultwith Georgia State’s facultymembers concerning theirongoing research projects.

Howardserves on theeditorialboards of anumber ofbankruptcyand businesslaw journals.She is also amember ofthe board of

directors of the AmericanBankruptcy Board of Certi-fication. Howard’spublications include anumber of articles anda recent casebook,Bankruptcy: Cases and

Page 9: Spring 1997 Law Letter

Spring 1997Law Letter

G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W8

FACULTYBRIEFS

Ronald Blasi spoke at the annualmeeting of the Bank Tax Institute,and he coordinated the first fund-raising drive for the Tax Clinic.His article on corporate reorgani-zations was published in theJournal of Bank Taxation.

Mark E. Budnitz updated hisbook, The Law of Lender Liability,by publishing the 1996 Cumula-tive Supplement No. 2, andsubmitted the manuscript for the1997 Cumulative SupplementNo. 1. He continued advising theGeorgia Department of HumanResources on their implementa-tion of a system for electronicdelivery of welfare benefits andjoined the Digital Signature TaskForce, a group that advised aGeorgia legislative study commit-tee on proposed legislationrelating to electronic recordsand signatures.

Andi Curcio presented herarticle, “Painful Publicity —An Alternative Punitive DamageSanction,” at a national confer-ence on the future of punitivedamages. The conference wassponsored by the Institute forLegal Studies and was heldOctober 25 - 27, 1996, inMadison, Wis.

Anne Emanuel was re-electedas secretary of the Board of theGeorgia Law Center in thePublic Interest.

Victor Flatt presented a paperon state enforcement of theClean Water Act at the Associa-tion of American Law Schools’annual meeting. Flatt was select-ed to be a peer reviewer for theselection of this year’s finalists inthe Best of Land Use and Environ-mental Law Review. Flatt will beteaching administrative law atthe University of Washingtonthis summer and will be afaculty sponsor for the RoscoeHogan Environmental LawEssay Contest.

The Georgia Supreme Court hasextended Marjorie Girth’s termon its Commission on Equality to

December 1998. At the AALS an-nual meeting, she was a panelistfor the Creditors’ Rights Section’sprogram on “Assessing the Valueof Empirical Research onConsumer Bankruptcies.”

President Patton appointed Girthas a member of the steeringcommittee for Georgia State’seffort to receive NCAA re-certification of our Division Iathletics program and as chair ofthe subcommittee on equity,which is evaluating gender equityand minority opportunities inGeorgia State’s intercollegiateathletics programs. The NationalConference of Bar Examiners hasappointed her to its nationalMultistate Professional Responsi-bility Examination SpecificationReview Panel, which has theresponsibility for evaluating theproposed revisions to the specifi-cations for the examination.

Janice Griffith was a speaker atthe annual meeting of the Asso-ciation of American Law Schoolson a program sponsored by theAALS Committee on Librariesand Technology. The programwas entitled “Braving the NewWorld of Technology.”

Bernadette Hartfield was electedsecretary-treasurer of the minor-ity groups section of AALS at theJanuary meeting. She was alsonamed a fellow on the faculty ofthe Gerontology Center, effectivefall 1996.

L. Lynn Hogue was named tothe Legal Advisory Board of theSoutheastern Legal Foundationat its fall meeting. He filed anamicus brief in the GeorgiaSupreme Court in Novemberon behalf of the foundation inthe case of Lowe v. Georgia. Heis serving on an interim basisas general counsel ofthe foundation.

In November, the Georgia Su-preme Court handed down adecision in the case of Alexanderv. General Motors Corp., 478 S.E.2d 123 (1996), on which Hogue

was the lead counsel. In thisconflict-of-laws case, Hoguebriefed and argued the issue be-fore the trial court, Court ofAppeals and Georgia SupremeCourt. The court held that,despite the rule of lex loci delicti,Georgia law, not Virginia law,would apply to a case in whichthe plaintiff was injured in Vir-ginia because Virginia law, whichmade no provision for strict li-ability, was contrary to the publicpolicy of Georgia.

In early January, Hogue taughtseveral blocks of military law forthe law department at the U.S.Military Academy at West Point,N.Y., in the academy’s inter-session program. Hogue is alieutenant colonel in the U.S.Army Reserve, Judge AdvocateGenerals’ Corps. This duty com-prises his two-week annualtraining obligation as a reservist.

Hogue gave a presentation on“Force Configuration: WhoFights, Who Serves in the Post-Cold War Environment?” for thefirst annual Law and NationalSecurity Institute sponsored bythe Institute of Continuing LegalEducation in Georgia, February13. The presentation addressedthe issue of homosexuals in themilitary in light of Thomasson v.Perry, 80F. 3d 915 (4th Cir. 1996)(en banc), cert. denied, 117 S.Ct.358 (1996), upholding the “Don’tAsk; Don’t Tell” policy of 10U.S.C.A. §654.

Nancy Johnson’s supplement,The 1996 Supplement to Sourcesof Compiled Legislative Histories,was published by RotrumanPublishing Co.

Mark Kadish’s article, “Behindthe Locked Door of an AmericanGrand Jury: Its History, ItsSecrecy, and Its Process,” waspublished in the fall edition ofthe Florida State University LawReview. He commented on theO.J. Simpson verdict and theJonBenet Ramsey case in liveinterviews on WGNX-TV andWAGA-TV during February. He

did similar commentary on WGSTRadio.

Steve Kaminshine recently pub-lished two short articles on West’snew online publication, WestLegal News: “Retaliatory Actionand the Scope of Title VII” and“Who Qualifies as an EmployerUnder Title VII.” Kaminshine gavea presentation on “First Amend-ment Issues in the SupremeCourt 1995-96 Term” at the ThirdAnnual Supreme Court Update,sponsored by the State Bar ofGeorgia. Kaminshine was a guestpanelist, along with the ReverendJoseph Lorvery, on the Sundaymorning television talk show,“News Conference,” on WGST-TVhosted by Ken Watts. The topicconcerned workplace diversityand the Texaco case.

Marjorie Knowles’ article, “TheALI Principles of Corporate Gover-nance Compared with GeorgiaLaw — Continued” was publishedin the Mercer Law Review. Shegave a presentation on the “Fac-ulty of the Future” to the Trusteesof the Ford Foundation and par-ticipated in a colloquium atMercer Law School, entitled“Choice of Law: How It Ought toBe.” In November, she partici-pated in a panel on “Has theQuest for Shareholder Value De-stroyed Trust in CorporateAmerica?” The panel was shownon C-Span and delivered to theTreasury Management Associa-tion. She also spoke at the EmoryBusiness School on “Current Is-sues in Corporate Governance.”Her report, written with BernardW. Harleston, on “AchievingDiversity in the Professoriate:Challenges and Opportunities,”was published by the AmericanCouncil on Education.

Charles A. Marvin’s article,“NewDirections in Legal Education inBulgaria: The Balkans of the LegalMind,” was published in 4 IBAAcademics’ Forum 1 (1996). Dur-ing the 1996 fall semester, hemade panel presentations at theRegent University Law SchoolTenth Anniversary Symposium,

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FACULTYBRIEFS

“The Law Professor as CircuitRider,” and at the University ofUtah Law School ComparativeLaw Conference, “Problems ofAdministrative Law and its En-forcement in the C.I.S. (FormerSoviet Union).” In February 1997,he served as judge in the South-eastern Region Jessup Interna-tional Moot Court Competition atthe University of South CarolinaLaw School.

Ellen S. Podgor was elected asthe chair-elect of the CriminalJustice Section of the AmericanAssociation of Law Schools.Podgor presently serves on theChampion Advisory Board and asthe co-chair of the Ethics Com-mittee of the National Associa-tion of Criminal Defense Lawyers.

Mary F. Radford joined BillLinkous, chair of the ProbateCode Revision Committee of theState Bar of Georgia in conduct-ing eight seminars throughout thestate on Georgia’s new probatecode during fall 1996. The semi-nars were held in Albany, Atlanta,Augusta, Columbus, Macon,Savannah, St. Simon’s Island andVidalia. Radford also gave presen-tations on the new probate codeat the Cherokee-Area EstatePlanning Council, at the invita-tion of that council’s president,Georgia State graduate ShaneLovinggood, and at the Decatur-DeKalb Estate Planning Council.Radford and Georgia Stategraduate Skip Sugarman havecompleted an extensive articleon the new code that will appearthis spring in the Georgia StateUniversity Law Review. Radfordhas also recently completed anarticle entitled “The AffirmativeAction Debate,” which was pub-lished in the 1997 researchvolume of the Industrial RelationsResearch Association. Radforddelivered a presentation on“Recent Developments inEmployment Law” at theEmployment Law Institute, heldin Atlanta in December 1996.Beginning in March 1997,Radford began serving as thereporter for the Guardianship

Laws Revision Committee of theFiduciary Section of the StateBar of Georgia.

Charity Scott is currently servingas vice-chair of the Health LawSection of the State Bar of Geor-gia. In August, she moderated apanel on the topic of “GeorgiaManaged Care Law” at a mid-year Health Law Symposiumsponsored by Georgia HealthcareNews and other Georgia health-care organizations. In September,Scott spoke at the annual meet-ing of the American Associationof Nurse Attorneys on currentlegal issues in medical ethics.During the fall, she completedher service on the Task Force onMedical Futility of the HealthCare Ethics Consortium ofGeorgia, whose final reportrecommendations were distrib-uted to all member hospitalethics committees in Georgia.She also is collaborating with aninterdisciplinary team to offerethics rounds to medical resi-dents at Grady Hospital. InJanuary, Scott’s op-ed piece onphysician-assisted suicide waspublished by the Atlanta Journaland Constitution, and she alsospoke at the Unitarian Church onlegal and ethical issues related toend-of-life medical care. InFebruary, she spoke at theDeKalb Medical Center on legaland ethical issues in neonatalmedicine.

Eric Segall’s book review,“Doctrinal Legal Scholarship andReligious Liberty,” was publishedby the George Mason Law Review.Segall spoke at a ConstitutionalLaw Conference sponsored byKing & Spalding in October andserved as moderator for thefederalism symposium held atGeorgia State in February.

Kathryn Urbonya discussedinterlocutory appeals in civilrights actions at a Section 1983conference in New York, spon-sored by the Practicing LawInstitute. She also appeared onC-Span, which televised Williamand Mary’s Supreme Court Pre-

view conference in Williamsburg,Va. At that conference, shechaired a panel on pendingcriminal cases in the UnitedStates Supreme Court and partici-pated in the moot court presenta-tion of Clinton v. Jones. She alsochaired a panel discussion onpolice misconduct litigation forthe Association of American LawSchools annual conference inWashington, D.C. In Atlanta, shechaired her annual Section 1983conference for the Institute ofContinuing Legal Education. Shealso published an article for theAmerican Bar Journal on the con-stitutionality of traffic stops underthe Fourth Amendment.

Stephen Wermiel has beenawarded a research fellowship forthe 1997-98 academic year at theWoodrow Wilson InternationalCenter for Scholars in Washing-ton, D.C. Last fall, he participatedin the annual Supreme Court Pre-view conference at Marshall-Wythe Law School at the Collegeof William and Mary, and por-tions of his panel were aired onC-Span. He delivered a lecture ondevelopments in equal protectionlaw for the Institute for Continu-ing Legal Education in Georgia;testified in Washington, D.C.,before the American BarAssociation Commission onSeparation of Powers and JudicialIndependence; organized theNew Frontiers of Federalismsymposium at the College of Law;and helped to organize theseventh annual Georgia Bar,Media and Judiciary Conferencefor lawyers, judges and journalistsheld May 2 and featuring NewYork Times columnistAnthony Lewis.

Jack Williams was namedbankruptcy tax reporter for theAmerican Bankruptcy InstituteBankruptcy Code Review Project;appointed to the board of advis-ers of the American BankruptcyInstitute Law Review; appointedto the faculty of the AmericanBankruptcy Board of Certifica-tion; and appointed to theAssociation of American Law

Schools Consulting Group onEmpirical Research.

Williams delivered a lecture,“Gender Equity and CoachingSalaries” to the Georgia Bar Asso-ciation in October and was a pan-elist at the National BankruptcyCommission Meeting on Taxationin Bankruptcy in November.

Douglas H. Yarn started servingas executive director of the Con-sortium on Negotiation andConflict Resolution, an interuni-versity, interdisciplinary programconducting research in conflictresolution since 1989. He repre-sented the consortium at theannual international conferenceof the Society of Professionalsin Dispute Resolution, where hemade a presentation on theimplementation of conflict-management systems, and at aStanford University meeting oftheory-building centers spon-sored by the Hewlett Foundation.He continues to serve on theGeorgia Supreme Court’s Com-mission on Dispute Resolutionand was recently appointed to itslong-range planning committee.In his capacity as technicaladviser to the Regents’ Initiativeon Conflict Resolution, herecently conducted a workshopon conflict managementsystems design.

In December, Yarn conducted hisFifth Annual ADR AdvocacySeminar for ICLE, his fourthmediation-training workshop forthe university system, and anArbitrator Training Workshopfor the American ArbitrationAssociation. He recently ad-dressed a meeting of theAtlanta Bar Section on DisputeResolution on the topic ofmediator qualifications.

The 1996 supplement to Yarn’streatise, ADR in Georgia: Practiceand Procedure, was released inthe fall.

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G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W10

In November, graduates wel-comed the opportunity to bereunited at the Class of 1991 Five-Year Reunion and the Class of 198610-Year Reunion. Graduates greetedfellow classmates with warm hugsand handshakes. The classes of1986 and 1991 celebrated in sepa-rate function rooms at the PeachtreeClub on the same evening, and the

faculty and staff mingled betweenthe two events.

Approximately 80 people at-tended the reunions, includinggraduates and their guests, DeanJanice C. Griffith, faculty and staff.

Grads celebrate five- and 10-year reunions

From left, Michelle McCutcheon-Jones, ’91; Alan Begner; Cory Begner, ’92;Richard Jones, ’91; Professor Steve Kaminshine; and B. Emory Potter, ’91.

From left, Class of 1986 membersNena Puckett, William Capp, DarrylHaynes and Linda Bratton-Haynes.

Professors Jim Bross,Norm Crandell, AnneEmanuel, MarjorieGirth, Lynn Hogue,Steve Kaminshine andSteve Wermiel delightedin reminiscing withtheir former students.

The reunion com-mittees for the classes

of 1986 and 1991 worked diligentlyto ensure the success of the re-unions. Not only did class membersreceive mailed invitations, they alsoreceived personalized letters andphone calls from committee mem-

bers, which helped to boost partici-pation. Special thanks to the Class of1986 Reunion Committee membersRandall Lee Allen, PeggyBrockington, Leslie Cornwell, Will-iam Pannell, Peggy Harris Walkerand Jim Zito; and the Class of 1991Reunion Committee membersEleanor Benson, Tammy Griner,Cynthia Honssinger, Kurt Kegel,Melanie McNeil, Mike Regas, RobynSosebee and Judge Barbara GreenSwinton.

Reunion plans for the classes of1987 and 1992 are already under-way. Watch your mailboxes forreunion surveys and invitations!

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Jones & Askew sponsors welcomereception for Dean Griffith

In September, W. Scott Pettyand his law firm, Jones & Askew,graciously hosted a welcome recep-tion for Dean Janice C. Griffith,following the quarterly GraduateLeadership Council meeting. The re-ception was held at the 191 Cluband was a wonderful opportunity forDean Griffith to meet the membersof the Graduate Leadership Council,the leaders of the College of Law’sGraduates Association. The Collegeof Law extends its warm apprecia-tion to Scott Petty and Jones &

From left, eventhost and Classof 1990representativeScott Petty, DeanJanice Griffith,Class of 1995representativeGreg Smithand James A.Witherspoon,class of 1995.

Askew.

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CLASSACTIONS

1984CLASS REPRESENTATIVEAdam Jett

1985CLASS REPRESENTATIVESBill CornwellPat Tate

John B. Austin formed the lawfirm of Austin & Sparks, P.C., inMarch 1996. The firm practicesin all areas of civil litigation.

Genevive Bailey is a new Munici-pal Court judge in Union City. Sheis the first female Municipal Courtjudge in Union City’s history.An article about Bailey wasprinted in the Atlanta Journal andConstitution South Fulton Extra,Thursday, December 5, 1996.

1986CLASS REPRESENTATIVESPeggy BrockingtonJim Zito

John Bloodworth is practicing asa general practitioner in Gwinnettwith an emphasis on criminaland civil trial practice.

Sue Colussy, the program direc-tor of Immigration Services forCatholic Social Services, appearedin August as an expert on natural-ization scams in a 25-minutesegment of “20/20.”

Stanley Wade Robbins was theDemocratic nominee for staterepresentative for House District19, covering north Hall Countyand Dawson County.

Peggy H. Walker of Davis, Walker& Associates, P.C., has openeda new commercial buildingin Douglasville.

1987CLASS REPRESENTATIVESStan KlingerCarol Walker-Russell

1988CLASS REPRESENTATIVESJody PeskinCarol Callaway

Howard Atkins is with BuehlerAtkins Assoc. in Indianapolis,which specializes in insurance,aviation and commercial law.

1989CLASS REPRESENTATIVESNicole HouseTrish MarcucciStacey Routh

Shella Wolff Blaustein is work-ing as a claims adjuster for legalmalpractice claims at RiskEnterprise Management Ltd.

Carrie L. Christie is now apartner at Savell & Williams.

Julie Shirley was named theassociate-general counsel foroperations for GTE Wireless Prod-ucts. She served as theacting vice president from Aprilto July 1996.

1990CLASS REPRESENTATIVEScott Petty

Tami Colston won the Rome Cir-cuit District Attorney election.The former assistant district at-torney is Georgia’s third femaledistrict attorney and the first toattain the position without priorappointment.

William J. Linkous III is nowwith the firm of Kirwan, Parks,Chesin & Remar in Atlanta.

1991CLASS REPRESENTATIVESCynthia HonssingerClark SullivanLori Winkleman

Marcia Callway-Ingram hasmoved to Houston, Tx., whereshe does alternative dispute reso-lution consulting and mediation.

Jeff Davis is the assistant generalcounsel of the State Bar ofGeorgia.

Melanie McNeil received fromthe Atlanta Legal Aid Society their1996 Outstanding Service Awardfor her work with the Senior Citi-zens Law Project. She currentlyserves on the board of directorsfor the Council on Elder Abuseand Neglect and on the board ofdirectors for the Kennesaw StateSenior University, a cooperativeeffort to provide continuing edu-cation services to seniors, sup-ported by the Atlanta RegionalCommission, Cobb Senior Ser-vices and Kennesaw StateUniversity.

1992CLASS REPRESENTATIVESSheila ChrzanRobert HughesLynda Moser

Michael C. Chisolm is a solepractitioner in Woodstock andpractices in the areas of divorce,criminal, and personal-injury law.

Lisa Gugino Gunn joined the lawfirm of Weissman, Nowack, Curry& Zaleon, P.C., in March 1996and concentrates in the areas ofcommunity association represen-tation, residential real-estateclosings, foreclosures and real-estate litigation.

1993CLASS REPRESENTATIVESJoe DavenportC.R. Wright

P. Cole Law recently opened asolo practice in Cartersville.

1994CLASS REPRESENTATIVESBonnie MillerDavid White

Sandra Cuttler is the author ofWomen and the Law: A Guide toWomen’s Legal Rights in Georgia,which was published in June andreflects the priorities of the Geor-gia Commission on Women.

1995CLASS REPRESENTATIVESGreg SmithMarilyn Walker

C. Robert Hilliard joined the firmof Gross & Davidson, P.A., inPensacola, Fla., and practices inthe areas of personal-injury,criminal-defense, and family law.

Karen L. Morgan is practicingcriminal defense and civil litiga-tion at the law offices of DanielLilley, P.A., in Portland, Maine.

Gregory Scott Smith is workingat the Atlanta firm of Jones &Askew practicing intellectualproperty law.

Clifford S. Stanford is working asassistant counsel for the FederalReserve Bank of Atlanta.

1996

G. William Little III has openedhis practice, G. William Little III,P.C., in Blue Ridge, Ga.

James Michael Money is workingas a law clerk for the TallapoosaJudicial Circuit.

Christine Elizabeth Robbins hasjoined the law firm of Robbins &McLeod as an associate.

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G E O R G I A S T A T E U N I V E R S I T Y C O L L E G E O F L A W12

The Georgia State University LawReview plans to publish the papersfrom the symposium in early sum-mer in Book 4 of Volume 13.

The Loridans Foundation, whichsupports the Henry J. Miller Distin-guished Lectures Series, funded thesymposium. Additional support wasprovided through a discretionaryfund distributed by Judge AlbertPickett of the Superior Court inAugusta.

The departure of Charles Gilbreath, the as-sociate registrar for the College of Law, createdan opportunity for his assistant, TriciaRackliffe, to step in as the new associate regis-trar in January 1997. Rackliffe has worked atGeorgia State since 1983, first in the Pullen Li-brary, then in the Office of the UniversityRegistrar. She came to the College of Law as arecords coordinator in 1986.

Assisting Rackliffe is Jennifer Grindell.Grindell comes to the registrar’s office withseveral years of experience in the College ofLaw. She started with the college as a recordscoordinator for the student services office inMarch 1993 and subsequently worked in fac-ulty support for more than three years.Grindell’s ability to juggle the demands of sev-eral faculty members will be well served in the

registrar’s office, and she is delighted to have this new challenge of assistingRackliffe and meeting and helping the students.

The registrar’s office serves the college’s 600-plus students with registra-tion, exams, grades processing and counseling. The College of Law will missGilbreath but is pleased to welcome Grindell and Rackliffe in theirnew roles.

Dean Janice C. Griffith and ProfessorEdward L. Rubin, of the University ofCalifornia at Berkeley, served as membersof a commentary panel.

FEDERALISM Continued from page 3

Georgia State UniversityCOLLEGE OF LAWP.O. Box 4037Atlanta, GA 30302-4037

Nonprofit Organization

U.S. POSTAGE

PAIDAtlanta, Georgia

Permit Number 152

Staff accept challenge of newroles in Registrar’s Office

Mark yourCALENDARS!

November 3, 19976 p.m.

21st Henry J. MillerDistinguished Lecture:

Ronald Dworkin

Urban Life CenterAuditorium

Tricia Rackliffe (seated),associate registrar, andJennifer Grindell (standing),administrative coordinator.