W I N T E R 2006

T H E MAG A Z I N E

O F T H E U N I V E R S I T Y

O F T E X A SS C H O O L O F

L AWUTLAWRoy

Mersky

For forty years he’s led theJamail Center for Legal Research.

Now Roy Mersky is lookingforward to the next twenty.

T H E U N I V E R S I T Y O F T E X A S L AW S C H O O L F O U N D AT I O N , 7 2 7 E . D E A N K E E T O N S T R E E T, A U S T I N , T E X A S 7 8 7 0 5

and the

Future of

Librariesplus

SOCIETY OLYMPICSA SENTIMENTAL“LAST WILL”

and

UT-AUSTINPRESIDENTBILL POWERS!

Cover_Winter06 11/17/37 1:26 PM Page 1

P L AT I N U M S P O N S O R S

Loeffler Tuggey Pauerstein Rosenthal LLP

Susman Godfrey LLP

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G O L D S P O N S O R S

Baker Botts L.L.P.

Cary and Kenneth Roberts

Fulbright & Jaworski L.L.P.

Haynes and Boone, LLP

Hobby Family Foundation

Locke Liddell & Sapp LLP

S I LV E R S P O N S O R S

Anonymous

David J. Beck

Davis, Cedillo & Mendoza, Inc.

Duke R. Ligon

Joe R. and Teresa Lozano Long

Richard T. McMillan

Schwartz & Schwartz

S P O N S O R S H I P L E V E L S

PLATINUM $500,000 $50,000 annually for 10 years

GOLD $300,000 $30,000 annually for 10 years

SILVER $100,000 $10,000 annually for 10 years

Law Partner sponsorship carries with it the pride and distinction of joining our effort to beamong the very best law schools in the nation. For more information about what it means tobe a Law Partner,please contact Ellen Fenton at (512) 232-4990 or efenton@law.utexas.edu.

LAW PARTNERSThe University of Texas School of Law

C2_LawPartnerAd 11/14/37 7:08 AM Page 1

F R O N T O F T H E B O O K4 I N C A M E R A

Visitors from New Orleans and anaward-winning chef

8 D E A N P O W E R S

Milestones by Bill Powers

9 C A L E N D A R

1 0 A R O U N D T H E

L A W S C H O O L

Patrick Woolley, Patricia Hansen, and new classrooms

1 4 A L U M N I F O C U S

Reflections from the benchby Judge Diane P. Wood, ’75

1 6 F A C U L T Y F O C U S

Introduction to four new faculty membersand an update on pre-law institutesA. Mechele Dickerson, Jack Getman

and Teresa Leclercq, Jens Dammann,

Derek Jinks, and Emily Kadens

C O N T E N T ST

AB

LE

OF

B A C K O F T H E B O O K

T O W N E S H A L L N O T E S 3 9

N O T E W O R T H Y 4 0

Honors for Judge Harriet M. Murphy,’69, Douglas Laycock, and

Martha S. Dickie,’80, elected

C L A S S N O T E S 4 4

I N M E M O R I A M 6 2

C L O S I N G A R G U M E N T 6 4

Williston Fish’s “A Last Will” by Michael Widener

F E A T U R E SR O Y M E R S K Y

A N D T H E F U T U R E O F L I B R A R I E S

2 6An esteemed law librarian looks forward to the library’s future.

by Allegra Jordan Young

A N E W G A M EI N T O W N

3 4UT Law’s society program

begins its second year.

Cover photograph and photograph

this page by Wyatt McSpadden

UTLAWV O L U M E 4 • I S S U E 2

This spring A. Mechele

Dickerson, an award-winning

teacher and an insolvency

expert, becomes UT Law’s

new Fulbright & Jaworski

Professor of Law.

W I N T E R 2 0 0 6

01_Contents 11/21/05 2:32 PM Page 1

As this edition of

UTLAW went to

press, The Univer-

sity of Texas System

Board of Regents named Dean

Bill Powers the 28th president of

The University of Texas at Austin.

He is expected to be installed as

president in February 2006.

“Bi l l Powers has

excelled in dealing

with the challenges

and opportunities of

leading one of the country’s out-

standing law schools,” said Mark

G. Yudof, chancellor of The Uni-

versity of Texas System and for-

mer UT Law dean.

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UT-Austin President Bill Powers

DEAN BILL POWERS

has led the Law School since 2000.

�He is a university distinguished teaching professor and holds both

the Hines H. Baker and Thelma Kelley Baker Chair in Law and the

John Jeffers Research Chair in Law. Powers joined the Law School

faculty in 1977 and has held several faculty chair and administrative

appointments. Among his many accomplishments as dean, Powers

raised more than $55 million to hire and retain world-class faculty,

improved the school’s physical facilities, and strengthened the school’s

administration. He also recruited a highly diverse student body.

�And, as Law School Foundation trustee

Senator Kay Bailey Hutchison said,

“No one needs to teach him how to love Texas.”

CONGRA TU L A T I O N S T O OUR 2006A L UMN I AWARD R E C I P I E N TS

{ Full profiles to appear in the Spring 2006 edition of UTLAW }

Lifetime Achievement AwardHOWARD WOLF, ’59 • AUSTIN

≥≥≥

Outstanding Alumnus AwardRON KRIST, ’62 • HOUSTON

≥≥≥

Distinguished Alumnus Award for Community Service

THE HONORABLE PETE GEREN, ’78 • FORT WORTH

≥≥≥

Honorary Order of the CoifTHE HONORABLE EDWARD PRADO, ’72 • SAN ANTONIO

U T S C H O O L O F L A W

D e a n B I L L P O W E R S , J R .

A s s t . D e a n f o r D e v e l o p m e n t a n d A l u m n i R e l a t i o n sN A N C Y B R A Z Z I L

D i r e c t o r, L a w A l u m n i A s s o c i a t i o nC H R I S M A R C I N

D i r e c t o r o f D e v e l o p m e n tE L L E N J O C K U S C H F E N T O N

U T L a w S c h o o l A l u m n i A s s o c i a t i o n P r e s i d e n tD E L W I L L I A M S , ’ 8 5

U T L a w S c h o o l A l u m n i A s s o c i a t i o n P r e s i d e n t - e l e c tC A R R I N P A T M A N , ’ 8 2

M A G A Z I N E

C o m m u n i c a t i o n s D i r e c t o rA L L E G R A J . Y O U N G

C o m m u n i c a t i o n s S t r a t e g y M a n a g e rL A U R A C A S T R O T R O G N I T Z , ’9 7

C o m m u n i c a t i o n s C o o r d i n a t o rJ O D I B A R T

C l a s s N o t e s a n d I n M e m o r i a m E d i t o r sJ A N I C E F A U R I E

A N G E L A K R A U S E

E d i t o r i a l A s s i s t a n c eM I C H A E L W I D E N E R

M I C H A E L H O R NA D D Y S O N D E R

C o p y E d i t o rJ A N M C I N R O Y

C r e a t i v e D i r e c t i o n , D e s i g n , a n d P r o d u c t i o nN A N C Y M C M I L L E N

N A N C Y M C M I L L E N D E S I G N

W E W E L C O M E

Y O U R L E T T E R S A T :

UTLAW LettersUTLAW Alumni Magazine727 E. Dean Keeton Street

Austin, Texas 78705E-mail: utlawmagazine@mail.law.utexas.edu

T O A D V E R T I S E :

M I K E M C K E E A C C O U N T E X E C U T I V E

T E X A S M O N T H LY C U S T O M P U B L I S H I N GOffice phone: (512) 320-6934

Fax: (512) 476-9007E-mail: mmckee@texasmonthly.com

T O C H A N G E Y O U R

C O N T A C T I N F O R M A T I O N :

Telephone: (512) 232-1118E-mail: LawAlumni@mail.law.utexas.edu

Online: http://www.utexas.edu/law/depts/alumni/form.html

UTLAW Magazine is publ ished two t imes a year by TheU n i v e r s i t y o f Tex a s L a w S c h o o l Fo u n d a t i o n , a n o n p ro f i tcorporation, 727 E. Dean Keeton St. , Austin, Texas 78705.

UTLAW

2 U T L AW Wi n t e r 2 006

02_Staff_Ad 11/17/37 1:28 PM Page 2

Becoming a MENTOR is an

excellent way to make a

contribution to the Law School.

Whether you are in-house,

at a firm, at a court, in

government or public interest,

or pursuing an alternative

career, UT Law students can

benefit from your knowledge

and guidance. Please consider

making a gift of your time

and experience to students so

they may continue UT’s

legacy of excellence.

Tina V. Fernandez, Associate DirectorThe University of Texas School of Law

Career Services Office727 E. Dean Keeton Street

Austin, Texas 78705v

(512) 232-1150 Fax (512) 471-6790

www.utexas.edu/law/career

C A R E E RO F F I C E

S E R V I C E S

Make a gift of

your time.

Become a UT LawMentor.

L E G A L

P U B L I C I N T E R E S T

J U D I C I A L

I N T E R N AT I O N A L

N O N - P R A C T I C I N G

03_CSO mentor ad 11/28/05 11:15 AM Page 1

I N C A M E R A

4 U T L AW Wi n t e r 2 006

04-07_In Camera 11/21/05 2:37 PM Page 4

T E X A S

H O S P I T A L I T Y

UT Law welcomed 80 visiting students from New Orleans law

schools this semester in responseto the devastation caused by

Hurricane Katrina. Members ofthe Texas Law Review promptlygave office space to ten students

who lead the Tulane Law Review,while professors and studentshelped find housing for the

visitors. “We’re glad that our Law School is able to lend a

hand. These are smart studentswho’ve been through a lot,”

said Dean Bill Powers.

PHOTOGRAPH BY

WYATT MCSPADDEN

04-07_In Camera 11/21/05 2:37 PM Page 5

A S I D E O F T O R T S

W I T H T H A T ?

Civil litigation attorney Marie Hejl, ’03, of LockeLiddell & Sapp unwinds at night by filming her

award-winning cooking show, I t ’s Easier Than Yo uThink. The show airs in Austin, Dallas, Wisconsin,and New York on local community television. Her

studio is her parents’ kitchen in Austin.

PHOTOGRAPH BY WYATT MCSPADDEN

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04-07_In Camera 11/21/05 2:37 PM Page 6

I N C A M E R A

04-07_In Camera 11/21/05 2:37 PM Page 7

HENEVER I READ UTLAW I AM REMINDED JUST

how much happens at our Law School.The pages that follow describe a widerange of milestones, events, and honorsthat is truly impressive.

Our Law School is blessed with superbfaculty who are nationally renowned,bright students who are curious and en-gaged, and accomplished, loyal, and gen-erous alumni who support us beyondmeasure. I’ve said it many times before,but it bears repeating: it is an honor to

serve as your dean.On the cover of this issue, we honor the remarkable

career of one of the longest-serving members of our fac-ulty—Roy Mersky. He has been our director of legal re-search for forty years now, during which he has built oneof the finest law libraries in the nation—indeed, in theworld. Not only is the collection itself world class, but Royand his able staff provide broad, deep, high-quality servicethat is without peer. We are fortunate to have had him liveand work among us over the past four decades. Roy won’tcommit to another forty years, but he has promised usanother twenty. We’ll gratefully take what we can get.

The first-year societies, now in their second year, havebeen hugely successful. The societies are a new way of or-ganizing entering law students into groups to more effec-tively provide a structure for learning, a stronger sense ofcommunity, mentoring by upper-class students and alumni,and opportunities for service. You’ll learn more about this,and more about our amazing students, in this issue.

Our alumni Judge Diane P. Wood of the U.S. Court ofAppeals for the Seventh Circuit in Chicago, retired judgeHarriet M. Murphy of Austin, and Bill Barnett of Houston,among others, have reasons to celebrate, and we celebratewith them. You will read about them in this issue.

Our faculty have been extremely active, too. SanfordLevinson has been invited to spend a semester in Bella-gio, Italy, as a scholar-in-residence with the RockefellerFoundation. Sir Basil Markesinis, who you learned in thelast issue of UTLAW was knighted by the queen and whoholds tenured positions both here and at UniversityCollege, London, has been named to the Roman Aca-demy. Robert Peroni and Gerald Torres were appointedto endowed chairs, and our colleague, former dean, andnow chancellor, Mark Yudof, was honored by the Univer-sity of Minnesota’s naming of a building for him.

The Law School’s Bernard and Audre Rapoport Centerfor Human Rights hosted a groundbreaking conferenceearlier this year, and our William Wayne Justice Center forPublic Interest Law honored three outstanding individualsin Dallas for their devotion to providing equal access tojustice. Just as important, these two centers provide edu-cation and training for our students and expose themmore fully to the many opportunities and responsibilitiesthat await them as members of the legal profession.

As you know, Hurricane Katrina, and then HurricaneRita, wreaked havoc along the Gulf Coast. Many peopleneed more help than do New Orleans law students, butthey need help too. I am proud to say that we have 79 ofthem with us this fall, including 19 LL.M. students fromaround the world. We did not ask for transcripts, or records.We just said, “Come!” Most arrived the Tuesday after LaborDay. We welcomed them, fed them, and had them in classthat afternoon. We waived about 85 percent of their fees.And as a result of outstanding efforts by our faculty and stu-dents, we found housing for all of them. You all saw whatHouston, led by our alumnus Mayor Bill White, and othercities around Texas, and the state itself, did to open theirarms to people fleeing Katrina. All of this made me proudto be a Texan and to be at our Law School.

For all that we are doing, we have much more planned.You have reason to be proud of your Law School. And wehave reason to be thankful for you, our alumni and friends.Once again, let me express my profound appreciation foryour support. Your interest in what goes on here and yourgenerosity in helping our students, faculty, and programsmake all the difference. Simply put, we couldn’t do it with-out you. Thank you.

Sincerely,

Bill Powers, Dean

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Milestones La n d m a r k e v e n t s a n d h o n o r s a t t h e La w Sc h o o l .

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C A L E N D A RS C H O O L O F L A W

W I N T E R 2 0 0 6

Winte r 2006 UT LAW 9

A P R I L 2 2 , 2 0 0 6Save the date: R E U N I O N !

F E B R U A R Y 1 – 2 2

The “Martin Luther King, Jr., andthe Civil Rights Movement” exhibitwill be displayed in the Susman God-frey Atrium. The exhibit tells the story

of the civil rights movement from theemergence of Martin Luther King, Jr.,in the Montgomery Bus Boycott of1955 to his death in 1968.

F E B R U A R Y 3

The 15th annual Public ServiceCareer Day, the largest public inter-est job fair for law students in Texas,will be held at the Law School thisspring. For more information, visitwww.utexas.edu/law/career or con-tact Tina Fernandez in the CareerServices Office at tfernandez@law.utexas.edu or (512) 232-1159.

F E B R U A R Y 3 - 4

The Texas Law Review will host its an-nual symposium, this year titled “Pun-

ishment Law and Policy.” For moreinformation, contact Kim Olson at kim.olson@mail.utexas.edu or visit www.utexas.edu/law/journals/tlr.

F E B R U A R Y 1 5

The Tarlton Law Library will host atalk, “The Distribution of Law Booksin European Libraries in the 12th

Century,” by Dr. Stanley Chodorow, anoted medieval scholar. The talk willtake place at 3:30 p.m. in the Shef-field Room in Townes Hall.

F E B R U A R Y 2 0

Spring On-Campus Interviews (OCI)will be held at the Law School in theCareer Services Office Interview Suite.For more information, visit www.utexas.edu/law/career or contactBethany Thomason at bthomason@law.utexas.edu or (512) 232-7110.

M A R C H

The Career Services Office will host itssixth annual Small- and Mid-Size-Firm Reception. This event offersfirms and solo practitioners the oppor-

tunity to meet outstanding UT Lawstudents in a casual setting. Nearlythree hundred UT Law students andrecent graduates are expected to at-tend this popular networking event.Practitioners do not need to be hiringto attend. For more information, visitwww.utexas.edu/law/career or contactDeb Freeman at dfreeman@law. utexas.edu or (512) 232-1162.

M A R C H 1 3 – A P R I L 7

The 64th annual Western Books Ex-hibit features the best-designed booksin the western United States from2005. The Rounce & Coffin Club of LosAngeles selects the books for this an-nual exhibit. The jurors honor bothlimited-edition private-press books andcolorful illustrated trade editions.

A P R I L 1 1 –S E P T E M B E R 3 0

A Watergate Exhibition will featurefacsimile images from the Woodwardand Bernstein Papers at the Harry Ran-som Center, supplemented with ma-terials from some of Tarlton’s owncollections, including the Charles AlanWright Papers and the Tex Lezar Papers.

T H I S S P R I N G

The Texas Law Fellowships (TLF) willhold its annual pledge drive to fundsummer 2006 fellowships for studentsemployed in the public interest field.For more information, contact TLF attlf@mail.law.utexas.edu.

To review a complete schedule of theLaw School’s CLE conferences, goonline to www.utcle.org or call theCLE office at (512) 475-6700.

THE CIVIL RIGHTS EXHIBIT RUNS THROUGH FEBRUARY 22 IN TOWNES HALL .

For more information on all library-sponsoredevents, contact Michael Widener at mwidener@law.utexas.edu or (512) 471-7263.

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HIS SEMESTER, PROFES-sor Patricia I. Hansen’s

course Democracy, Accounta-bility, and the Rule of Law inthe Americas is utilizing week-ly real-time videoconferenc-

ing sessions to link studentsin Austin and Mexico City.

John Ackerman of theFacultad Latinoamericana deCiencias Sociales co-teach-es the session. Guest speakersvisit from government agen-cies in Mexico and Brazil, aswell as from different depart-ments within universities.

To inaugurate the course,Hansen worked with LatinAmerican organizations acrossthe UT-Austin campus tobring legal scholars from theUnited States and Mexico to

Austin for the conference“Accountability and the Ruleof Law in Mexico on theThreshold of the 2006 Elec-tions.” Conference proceed-ings can be reviewed onlineat http://www.realaudio.cc.utexas.edu:8080/asxgen/law/depts/media/Reels/MexCtrKeynote9-8.wmv.

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Professor Hansen’s class studied electoral accountability this semester. Above, voting in Mexico City.

W O R K I N G

P A P E R S

F R E E

O N L I N E

Many UT Law profes-

sors’ working papers

can be found free at

SSRN.com and at

the Center for Law,

Business, and Econom-

ics (CLBE) Web site.

To find the materials

on SSRN.com, go to

http://www.ssrn.com.

Click on “Legal

Scholarship Network,”

then “Research Paper

Series.” Papers are

posted in both the Law

and Economics series

and the Public Law

and Legal Theory

categories under the

UT Law links. Faculty

working papers can

also be accessed free

at the CLBE Web site:

http://www.utexas.

edu/law/academics/

centers/clbe/.

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S A N D E R S , B A R O N ,A N D J U L I A N H O N O R E DOn November 3, the William Wayne Justice Center for Public

Interest Law honored three Law School alumni—Judge “Barefoot”

Sanders,’50, Elizabeth “Betsy” Julian,’73, and Frederick M. Baron,

’71—at its second annual Justice Awards Dinner at the Belo

Mansion in Dallas. “Justice Awards” were given to the honorees

for their commitment to public service and equal justice for all.

Judge Sanders received the Lifetime Achievement Award.

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Patricia Hansen LinksAustin, Mexico City

Hansen teaches via real-time video.

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H I S S U M M E R T H E U . S .Department of Justiceasked adjunct professorRonald Sievert to work

with the International BarAssociation in training 5prosecutors and 15 judgesof the Iraqi Special Tri-bunal. The session focusedon the rules of procedureand substantive interna-tional law in preparationfor the trial of SaddamHussein and his associates.The August session, held ina secret location in West-ern Europe, lasted approxi-mately three weeks. Before

undertaking this assign-ment, Sievert worked at anoverseas military base onmatters related to the case.

In addition to teachingthe United States Law andNational Security course atUT-Austin, Professor Sievertis an assistant U.S. attorneyand national security coor-dinator for the Western Dis-trict of Texas.

Also, the German For-eign Office tapped UT Lawvisiting professor Jörg Fedtketo serve as an academic ex-pert in its DemocratizationAssistance Program. Fedtke

works with two others ,a lawyer from Iraq, and amember of the Venice Com-mission. The team evaluat-ed the draft of the Iraqi con-stitution put before Iraqicitizens in a historic Octo-ber vote.

Fedtke’s analysis focusedon the drafting process,difficulties concerning theimplementation of new con-stitutional arrangements(drawing comparisons withGermany post-1949 andSouth Africa post-1993–94),and the analysis of specificprovisions in the draft text.

He is a visiting professorbrought to Texas by the LawSchool’s Institute for Trans-national Law. In London heworks with its counterpart,the Institute of Global Law,University College London.

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L A W S C H O O LUT Law Professors Advise Iraqi Government

SecondCite The Institute for Scien-

tific Information recently

ranked UT Law faculty

second in terms of most

citations per paper pub-

lished, 1999–2003. The

institute publishes highly

respected natural sci-

ences faculty impact

reports and occasionally

releases studies on the

social science disciplines

(psychology, sociology,

law). The 2004 report

ranked law faculties

by citations per paper

published 1999–2003.

The top six reported

(with citations per paper

in parentheses) are:

1. Yale University

(5.72)

2. University of Texas,

Austin (5.42)

3. Harvard University

(5.01)

4. New York University

(4.61)

5. University of

Michigan, Ann Arbor

(4.61)

6. Columbia University

(4.54)

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Adjunct professor Sievert has worked on the controversial trial of Saddam Hussein. Above, protests for a trial.

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A R O U N DT H E L A WS C H O O L

W E R E T H E F O U N D I N GF A T H E R S T H A T A N G R Y ?Nationally prominent historians, political scientists, and legal

scholars came to Austin to discuss Righteous Anger at the Wicked

States: The Meaning of the Founders’ Constitution (Cambridge

University Press, 2005), by Professor Calvin H. Johnson (below),

at a symposium on October 28. The law panel, moderated by

Professor Jordan Steiker, included UT Law’s own Lynn Baker,

Mitchell Berman, and Ernest Young. Other panels showcased

eight political scientists and historians, including Stanford’s

Jack Rakove and Princeton’s Keith Whittington.

“Starr” of LezarLecture

H I S O C T O B E R, J U D G E

Kenneth Starr (above)delivered the second annualspeech of the Tex LezarMemorial Lecture Series toa capacity crowd in Dallas.At the speech, titled, “TheLeast Dangerous Branch:The Supreme Court and In-dividual Rights,” Judge Starrwas introduced by formerU.S. solicitor general TedOlson, who delivered lastyear’s inaugural lecture.

Friends of Harold Joseph“Tex” Lezar, Jr., ’76, createdthe series to honor Lezar,who died in January 2004.

The UT Law–based fundsupports an annual lectureon law and public policy.

W H I T E H O U S E C O U N S E L O F F I C E

S E L E C TS T W O I N T E R N S F R O M U T L AW

Two UT Law students completed summer

internships in the Office of Counsel to

the President of the United States.

The counsel’s office selected Gerardo

Interiano, ’06, and Sharon Murray-

Roberts, ’06, for two of its three student

intern positions.

Interiano and Murray-Roberts assist-

ed with judicial nominations and confir-

mation strategy for all levels of the

federal judiciary courts, worked with

attorneys on a variety of clearance- and

ethics-related questions, and researched

constitutional and statutory questions

concerning presidential power.

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WoolleyHonored

HE TEXAS CAMPUS CAREER

Council at UT–Austinhonored Professor PatrickWoolley with the 2005 Rob-

er t Mur f fExcellenceAward forh i s o u t -s t a n d i n gsupport ofcareer ser-vices at UTLaw. Previ-

ous recipients include Pro-fessors Tony Reese and Er-nest Young.

“Patrick richly deservesthis university-wide recogni-tion of his commitment tohelping students make bet-ter career choices. He is adedicated teacher whom weare proud to have on our fac-ulty,” said Dean Bill Powers.

“ I’m honored to receivethe Mur f f Award,” saidWoolley. “One of the greatjoys of my job is that I getto talk to students not justabout the law but abouttheir future lives in the law.The transition from lawstudent to lawyer is obvious-ly of immense importanceto our students, and I’mglad to have the opportuni-ty to help when I can.”

Woolley joined the fac-ulty of UT Law in 1994 andholds the Beck Redden &Secrest professorship in law.He is also the Gus M. HodgesSociety faculty advisor.

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Shakespeare andThe Law Actors from Spirit of Shakespeare performed portions of

Shakespeare’s Twelfth Night at UT Law’s Eidman

Courtroom in September. The performance was part of

the panel discussion about one character’s reference to

“the Windy side of the law.” Professor Jack Getman, who

teaches a course on law and literature, moderated the

panel of experienced Shakespearean directors.

The event was part

of a month-long cele-

bration of Shake-

speare’s Twelfth Night

hosted at UT-Austin.

It emanated from a

2002 multidisciplinary

event held at the Law

School, called “From

Text to Performance:

Law and Other Perform-

ing Arts.” The event

included a production

of five interpretations

of Shylock’s speech

from The Merchant

of Venice.

This semester the Law School completed a five-year renovation program of the school’s large

classrooms. The refurbished rooms are now equipped with state-of-the-art technology and

electrical outlets at every seat. Restrooms in the large classroom hallway were also completely

redone, and new chairs have been installed in all Townes Hall seminar rooms.

The school also added six new faculty offices and began renovations on the lower-level

cafeteria.

R O O M S W I T H C L A S S

HIS NOVEMBER THE BER-nard and Audre Rapo-port Center for HumanRights and Justice and

the Texas International LawJour nal hosted a sympo-sium exploring howinternational humanrights law and issuesof culture emerge.Three panels dis-cussed issues con-cerning asylum, sov-ereignty, and what the term“human rights” means indifferent contexts. SurakiartSathirathai , the deputyprime minister of Thailand,provided the conference’sclosing speech; PhilippeSands of the UniversityCollege, London, gave theopening keynote address.

This fall the center alsohosted a speakers’ series,including:SEPTEMBER 26: Susan Marks

(Cambridge), “The TickingBomb and Other ModernMyths”OCTOBER 10: Laurel Fletcher(UC-Berkeley), “Bystanders:The Limits of International

Criminal Trials andJurisprudence”OCTOBER 24: ErikaGeorge (Utah), “De-velopment Priorities,Human Rights Prin-ciples: Globalization

and the Place of the Trans-national Private Actor” NOVEMBER 21: Ryan Good-man (Harvard) and DerekJinks (UT),“InternationalHuman Rights Law andthe Socialization of States:Empirical and ConceptualChallenges”DECEMBER 5: Nathaniel Ber-man (Brooklyn Law School),“Justice at War: InternationalHuman Rights Versus Interna-tional Humanitarian Law?”

The Rapoport Center

C O U R T

C L E R K S

Four law students were

awarded prestigious

clerkships with the

Inter-American Court of

Human Rights in Costa

Rica. Mónica Jiménez,

’06, Lucas Lixinski, a

Brazilian exchange stu-

dent, Tanner Neidhardt,

’06, and Kassi Tallent,

’06, will be the sixth,

seventh, eighth, and

ninth UT Law students

to intern at the court

since the Law School

began sending students

in 2002.

Professor Sarah

Cleveland called the

court’s agreement to

accept all four nominees

“extraordinary.”

TH

IST

OR

ICA

L P

ICT

UR

E A

RC

HIV

E/C

OR

BIS

MA

RK

RU

TK

OW

SK

I

10-13_ATLS 11/21/05 2:52 PM Page 13

HEN THE TELEPHONE

rang in my officeat the U.S. Depart-ment of Justice in

the early afternoon of Tuesday, Feb-ruary 7, 1995, I assumed that the callwas about baseball. A few months ear-

lier, Major League Baseball had beenforced for the first time in its historyto cancel the World Series,1 and therewere some who thought that the so-called baseball exemption from theantitrust laws played some part inthat unhappy event. As the deputy

assistant attorney general in the Anti-trust Division in charge of legal poli-cy (as well as international enforce-ment and appellate matters), I wasresponsible for discussing with Con-gress the question whether the timehad come to abolish that exemption.We had scheduled a conference callfor that afternoon, which was aboutto begin. But this was not my baseballconference call, or anything remotelyconnected with it. It was Abner Mik-va, White House counsel to PresidentBill Clinton, calling to tell me thatthe president was going to nominateme to the Seventh Circuit Court ofAppeals. I spent the rest of the day ina daze, although my euphoria did notprevent me from immediately callingJudge Irving L. Goldberg, for whom Ihad clerked many years before at theU.S. Court of Appeals for the FifthCircuit, and Justice Harry A. Black-mun, for whom I had clerked at theU.S. Supreme Court, to pass alongthe good news and to thank them fortheir unswerving support.

In comparatively short order, mynomination was formally sent over tothe Senate, the Judiciary Committee

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Diane P.Wood

R E F L E C T I O N S F R O M

T H E B E N C H

A decade of experience on the

federal court of appeals.

P HOTO G R A P H BY M AT T H EW G I L S ON1 4 U T L AW Wi n t e r 2 006

Judge Diane Wood,’75, was appointed to the U.S. Seventh Circuit Court of Appeals in 1995.

W1. See “1994 baseball strike,” Wikipedia on-lineencyclopedia, at http://en.wikipedia.org/wiki/1994_ baseball_strike, visited Sept. 30, 2005.

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Wi n t e r 2 006 U T L AW 1 5

held its hearing, it gave its adviceand consent to my confirmation,and the president signed my com-mission on June 30, 1995. Now, tenyears later, I am grateful to have theopportunity to share with my fellowUT alums my thoughts about my ex-periences on the Seventh Circuit..

According to the U.S. CensusBureau, as of 2004, almost 25 millionpeople now live in the three statesthat constitute our circuit .2 Not a daygoes by in which I do not reflect onthe privilege of serving on this court,as well as on the weighty responsibili-ty of serving the people in this region.Everyone recalls President Harry Tru-man’s famous sign “The Buck StopsHere.” Even though the buck doesnot always stop with the courts ofappeals, because there is normallythe possibility of further reviewbefore the Supreme Court, statisticssuggest that the courts of appeals arewise to treat every case as if they hadthe last word.

In the Seventh Circuit, accordingto statistics compiled by the Adminis-trative Office of the U.S. Courts, 3,706appeals were filed in 2005; 3,533appeals were terminated; and 2,522were pending at year’s end. From thatimpressive annual volume of appeals,the Supreme Court gives furtherreview to a tiny number: for example,during October Term 2003, it tookcertiorari and rendered full opinionsin four cases,3 while in October Term2004, it heard only two cases from theSeventh Circuit.4 Numbers like thatspeak for themselves.

But the cases coming before mehave not been mere numbers. Eachone has mattered enough to the peo-ple involved that they took the time,trouble, and expense to pursue litiga-

tion in the first place, and to seek asecond opinion in the court of ap-peals in the second place.

Although there is much that anyjudge could say about his or her rolein that process, three points seemespecially important. The first relatesto judicial independence—a sine quanon for a strong democratic govern-ment. The second touches on theideal of nonpartisanship, from theday one dons the judicial robe, andhow the Seventh Circuit strives to liveup to that standard. The third putsthe judge’s role in a broader context,with particular reference to the vitalpart played by the bar in achievingthe kind of justice system the Ameri-can people want and deserve.

It took ver y little time after Ijoined the court before I realized,more acutely than ever before, howwise the framers were when they pro-vided for an independent judiciaryin article 3 of the Constitution. Theprotection of tenure of office—dur-ing good behavior, not necessarily life,as Justice Blackmun mischievouslyreminded me when he administeredmy oath of office—and the prohi-bition on reductions in salary givearticle 3 judges the assurance thatno one can retaliate against themfor unpopular decisions.

Although many cases that comebefore the federal courts are unlike-ly to provoke strong reactions, oth-ers give rise to passionate responsesfrom all quarters. Over the years, Ihave sat on cases dealing with sub-jects as diverse as the death penalty,partial-birth abortion, the Ten Com-mandments, political patronage,Chicago mayor Daley’s effort toclose down Meigs Field Airport indowntown Chicago, and (most un-expectedly) the U.S. representativein the 75-kilogram weight class forGreco-Roman wrestling at the 2000Sydney Olympics. Occasional caseshave provoked comments frommembers of Congress; some havereceived unfavorable press coverage;and on a few occasions I have seenmy own opinions used to urge thoseopposed to the outcome of the caseto support political candidates who

presumably would appoint a differ-ent kind of judge. Some of that crit-icism is reasonable, from the pointof view of the merits of the case,and some less so. No matter what,however, an article 3 judge can restassured that her independence isprotected.

The quid pro quo that society isentitled to demand from indepen-dent judges is that they be true neu-tral arbiters, not committed to anyparticular political agenda. On theSeventh Circuit, we employ a numberof internal mechanisms to ensurethat we achieve that goal. For exam-ple, we refuse to disclose the identityof a panel that is going to be sittingon any given day to the lawyers whowill be arguing their cases. In thisway, we hope, advocates will structuretheir arguments on the basis of thejurisprudence of the court as a whole,rather than on the idiosyncrasies ofthe particular three judges who arehearing their appeal.

We also have a local rule underwhich a panel that believes that anearlier Seventh Circuit decision needsto be overruled or significantly mod-ified must circulate that proposedchange to the full court before issuingthe opinion.5 Furthermore, takingadvantage of our relative geographi-cal compactness (for many years nojudge has lived more than ninetymiles from our Chicago courthouse),we change the membership of thepanel every day. In this way, each oneof us sits with every other member ofthe court with a greater frequencythan would be possible if we had asingle panel for a full week eachmonth. Finally, we do not use visitingjudges, either from other circuits,from the ranks of the senior judgesoutside the Seventh Circuit, or fromthe district courts.

In my opinion, not only does ourinternal system help to give us a co-hesiveness that fosters our function-ing as one court, but it also allowsus to reap the advantages that oughtto accompany a multi-member court.With rare

2. The Census Bureau’s Web site, http://www. census.gov, reports that the population of Illinois in2004 was 12,713,634; Indiana’s was 6,237,569; andWisconsin’s was 5,509,026, for a total of 24,460,229.

3. The cases were Central Laborers’ Pension Fund v.Heinz, 541 U.S. 739 (2004); Till v. SCS Credit Corp.,541 U.S. 465 (2004); Jones v. R. R. Donnelly & SonsCo., 541 U.S. 369 (2004), and Kortrick v. Ryan, 540U.S. 443 (2004).

4. The two cases were United States v. Booker, 125S.Ct. 738 (2005), and Estate of Kanter v. Comm’r ofInternal Revenue, 125 S.Ct. 1270 (2005) (companioncase to Ballard v. Comm’r of Internal Revenue). 5. Seventh Circuit Local Rule 40(e).

[ C O N T I N U E D O N PA G E 58 ]

14-15_alumni focus 11/21/05 2:55 PM Page 15

HE BANKRUPTCY ABUSE PRE-vention and ConsumerProtection Act of 2005 wassigned into law on April

20, 2005. This legislation was enactedthis year, although Congress has con-sidered substantially similar bills everyyear since 1997. To provide a sense ofperspective—between the time thefirst bankruptcy reform legislationwas considered and the time that it

finally passed, we witnessed the fol-lowing events in this country: thescandals and ultimate impeachmenthearings involving President Clinton,the rush to become Y2K compli-ant, the averted constitutional crisisinvolving the 2000 Bush/Gore presi-dential election, the tragedy of Sep-tember 11, the anthrax scare, the in-vasion of Afghanistan, and the in-vasion and war in Iraq. While some

amendments were effective immedi-ately, the act’s general effective datewas October 17, 2005. Again, to putthis in perspective—between the timethe bill was signed into law and itseffective date, two major airlines (Del-ta and Northwest) joined two others

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A.MecheleDickerson

A S C E N E , A S A Y I N G ,

A N D A S C R I P T U R E

Why bankruptcy reform should

ignite civil rights activists.

TDickerson, an elected member of the

American Law Institute, chaired the Vir-

ginia State Bar’s Bankruptcy Law Section.

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Wi n t e r 2 006 U T L AW 1 7P HOTO G R A P H BY W YAT T MC S PA DDE N

(United and US Airways) in bank-ruptcy. Moreover, before the law be-came fully effective, this nation wit-nessed the economic devastationcaused by Hurricanes Katrina and Rita.

Supporters of this new bankruptcylegislation contend that it was neces-sary to prevent people from manipu-lating and abusing bankruptcy laws.It also was needed, say its supporters,to make clear that discharging debtsin bankruptcy is not just anotherfinancial management tool. Support-ers were certainly correct that somedebtors were abusing the system byrepeatedly filing frivolous bankrupt-cy petitions, by hiding behind gener-ous state exemption laws, and bythwarting legitimate creditor collec-tion attempts.

As is true with many legislative re-forms, however, there is more to thestory. Indeed, the essence of this legis-lation can best be captured by a scene,a saying, and a scripture.

The scene—from the televisionshow Seinfeld—features one character(George) telling another character(Seinfeld) to just remember, “It’s nota lie if you believe it.” The presidentand the members of Congress whosupported this new law told them-selves that people file for bankruptcybecause they simply consume toomuch. Too many people are fiscallyirresponsible and make too many ex-travagant purchases. The politiciansconvinced themselves that those irre-sponsible people could repay their billsbut chose not to. They convinced them-selves that the increased bankruptcy fil-ing rates imposed a $400 “bankruptcytax” on every honest American familywho paid its bills. They stuck to theirbeliefs even when empirical datashowed that most people who file forbankruptcy do so because of skyrock-eting health care costs, the loss ofa job, or divorce-related debts. Theykept believing the lie despite studiesthat proved that the $400 tax just doesnot exist. In effect, elected officialssimply convinced themselves that theoverconsumption myth was true.

The saying is the term “perpe-tratin’”—imitating or pretending tobe something that you aren’t. In

numerous ways, the bankruptcy law“perpetrates.” It requires debtors toobtain credit counseling before filingfor bankruptcy, then requires themto complete additional counselingbefore receiving a bankruptcy dis-charge. It pretends that mandatorycredit counseling is benign and willhelp individuals avoid irresponsiblespending. Credit counseling is perpe-tratin’ as something that will helpindividuals even though governmentinvestigations and testimony present-ed during recent congressional hear-ings disclosed that numerous creditcounseling companies deceptively sug-gested that the fees individuals wererequired to pay were voluntary; manyof those agencies then charged exces-sive fees for debt management plansyet gave little or no counseling or edu-cation; and many credit counselingagencies promised results, then sim-ply failed to deliver them. Even be-fore the bill was signed into law, theFederal Trade Commission reached asettlement with a large credit counsel-ing agency based on the agency’sfraudulent “counseling” practices.Since the bill was signed into law, theIRS has announced that it is auditinga number of nonprofit credit coun-seling agencies and has revoked thetax-exempt status of several of thoseagencies. Credit counseling is perpe-tratin’ as something that will helpindividuals despite mounting evi-dence suggesting that many debtorsmay end up worse off financially aftersuch “counseling.”

The new bankruptcy law also pre-tended that it was morally just anddesigned to force individuals to bemore fiscally responsible. It has beenno secret, though, that the financialservices industry targeted, then con-tributed heavily to, various key mem-bers of Congress after the bill was firstproposed. The new law’s supportersin Congress pretended that the billwas designed to help individuals, butin fact it was designed to help con-sumer lenders avoid internalizing thecosts of their own irresponsible lend-ing practices. This bill, which hadbeen portrayed as a morally just one,instead looked morally suspect.

And, as is true with many issues,race matters with this new law. Indeed,people of color have probably beenthe biggest victims of this perpetratin’law. Even before the recent amend-ments, bankruptcy laws operated pri-marily to benefit married couples whohad wealth (especially homes and re-tirement income) and who financial-ly supported only legal dependents.Census and other empirical datashow that minorities generally havelower marriage rates, there is a signifi-cant gap between white household networth and the net worth of mostminority households, and minoritiesare significantly more likely to providesupport to nonlegal dependents thanare whites. Further, a nationwide lend-ing survey recently released by theFederal Reserve shows that even afterthe data are adjusted for income level,loan size, and property location, blacksare still almost twice as likely as whitesto be given a high-cost mortgage prod-uct. The new law not only perpetuatesthe wealth (and bankruptcy benefit)gap but widens it by providing a sub-sidy to parents who choose to sendtheir children to private schools. Therecipients of this new subsidy will,again, be predominantly white.

The scripture is Hebrews 11:1, inwhich faith is described as “the sub-stance of things hoped for, the evi-dence of things not seen.” The politi-cians who supported this new lawhad faith that the higher bankruptcyfiling rates could be attributed solelyto irresponsible spending by con-sumers. So strong was their faith thatthey were not willing to even consid-er that unexpected job losses, or med-ical catastrophes, or natural disasterslike Katrina, or just plain bad luckmight push a significant numberof individuals into a bankruptcycourt. And any faith that individualsmight have had in politicians, or thenew law itself, proved to be unwar-ranted. They might have hoped thatthe law would make it harder forcreditors to engage in deceptive orpredatory lending practices, but itdoesn’t do that. They might havehoped that the law would make iteasier for them [ CONTINUED ON PAGE 59 ]

16-17_FF_Dickerson 11/21/05 2:57 PM Page 17

1 8 U T L AW Wi n t e r 2 006

Teresa LeClercq is one of the top legal-writing experts in the United States. Sheis also UT Law’s administrative liaisonto four pre-law institutes. These programsprovide intensive training in legal history,classical logic, and advanced writing forstudents who have not traditionally beenexposed to the field of law.

In 1998, Dean Michael Sharlot andProfessor Gerald Torres spoke with UT–ElPaso political science professors Bill Wea-ver and Bob Webking about the program.Dean Sharlot then spearheaded UT Law’sinvolvement. The initiative’s success atUT–El Paso led to the creation of threeadditional centers. The programs at UT–San Antonio, UT–Pan American, andPrairie View A&M were built as part-nerships and funded by grants from ahost of sources, including an initial grantfrom UT Law.

Each summer Dean Bill Powers, SarahBuel, Norma Cantú, Jack Getman, BarbaraHines, Teresa LeClercq, David Simon Sok-olow, Guy Wellborn, and others travel tothe institutes to conduct rigorous trainingsessions, to listen, and to learn about the ed-ucational needs of different parts of Texas.

This fall, UTLAW caught up with Pro-fessors Getman and LeClercq, a husband-and-wife team of 14 years, and asked themabout the progress of the institutes over thepast 7 years.

TLAW: What kind of stu-dents attend the pre-lawinstitute sessions?GETMAN: The students we

meet are of all races, primarily from

working-class backgrounds. Some areacademic all-stars and they know it.Many, however, are unsure of them-selves. They don’t think it’s unusual

that they’ve been working since theywere small children. They often needaffirmation of their own abilities,which are considerable.

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Jack Getmanand

Teresa LeClercq

U T L A W ’ S P R E - L A W I N S T I T U T E S

Providing intensive training for

students who have not traditionally

been exposed to the field of law.

Jack Getman and Teresa LeClercq at their

Austin home. They are among the many

professors who work at the institutes.

U

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Wi n t e r 2 006 U T L AW 1 9P HOTO G R A P H BY W YAT T MC S PA DDE N

LECLERCQ: At the beginning of eachsession, when we ask the students whythey are attending the courses, weused to hear statements like, “I want-ed to work at the INS because theywere mean to my grandmother.” Or,“Three years ago a developer tookadvantage of my family. I want to knowthe law to prevent that from happen-ing again.” They often wanted to bepolice officers or government employ-ees as the result of a negative experi-ence. These students had little contextfor understanding what it is, exactly,that lawyers do. It took a whole sum-mer to open windows—or maybe steeldoors—so they could understand theprofession and what they would have

to do to enter it.

U T L AW : What dothese inst i tutesteach?L E C L E R C Q : Theprograms are halfacademic—legalhistor y, classicallogic, an introduc-tion to a legal top-ic, writing—andhalf career focused.For instance, theKaplan Corpora-t i o n p r o v i d e sLSAT review at areduced rate. Wecounsel studentsregarding theirletters of applica-tion for any gradu-ate school, and wealso discuss howthere are 177 lawschools to whichthey might applyand many moregraduate programs.We want them tounderstand whatexists beyond theircur rent bound-aries.GETMAN: Bill Pow-ers te l l s a greatstory of how onestudent at El Pasowas driving him to

the airport. Bill asked what he wasreading from the book beside himin the car. The young man said, “Aris-totle. Because you can never havetoo much Aristotle.” That’s the en-thusiasm that makes you happy toget in your car and drive to theseinstitutes. The students are learninga lot and are very appreciative ofthe opportunity to work hard.

U T L AW: Who are our partners in theseprograms?GETMAN: The burden is shared bymultiple administrators, faculty mem-bers, and funding sources. The pro-grams’ faculties and administratorsare devoted and capable people. Onemagazine referred to the UT–El Pasofaculty, Bob Webking and Bill Wea-ver, as “saints in the desert.” I thinkthey are all saints—Richard Gambittaat UT–San Antonio and Jerry Poli-nard at UT–Pan American in Edin-burg, as well.L E C L E R C Q: Initially UT–El Paso’sprogram was funded by the Texas Leg-islature, but the other three were eachstarted with a $10,000 UT Law grantand, of course, they were backed bythe prestige of our school and the timeof our faculty. But the funding require-ments have moved well past the ini-tial grant. Our faculty volunteers con-tinue to contribute their summertime, but fundraising is a major partof an institute administrator’s time.

U T L AW: What kind of results arebeing achieved?L E C L E R C Q: Our goal is that the stu-dents walk into their graduate pro-grams prepared for classes, not sur-prised by the graduate-level work-load, and not overwhelmed by thefirst couple of weeks of school. Byand large, we achieve that goal.

The program also helps studentsidentify their weaknesses as well astheir strengths. When students realizethat they’re behind in writing skills, wetry to give them a realistic sense thatthey can improve, but we don’t sugar-coat the results. Law school is not thetime to find out you are behind. Manyof the students sign up for technical-writing classes to improve their skills.

GETMAN: We used to tell the students,“Don’t be disappointed if you can’tget into UT.” Many thought if theydidn’t get in here, they’d failed. Nowthat Yale, Harvard, and many, manyother law schools are recruiting thesestudents, we say, “Please rememberUT Law when applying.” It’s been ter-rific to see these students attend manydifferent graduate programs andlaw schools all over the United States,and their success is a real eye-open-er for other students at their schools.

UTLAW: What value do the two of youget out of traveling Texas for theseprograms?GETMAN: Satisfaction. Nontraditionalstudents in these programs discoverthe excitement of high-level, intel-lectually demanding education. Weget to watch them adjust their self-concepts and recognize that they canexcel academically. To meet thesestudents and work with the facultiesis rewarding.L E C L E R C Q : Meeting these under-graduates reminds me of why I teach.I love to see the lightbulb go on. I geta kick out of watching a pre-law stu-dent revise her personal statementuntil it represents that spark I’m hear-ing as she tells me her life story.

U T L AW : Do the students return totheir communities?LECLERCQ: Several of the communi-ties initially feared a brain drain, butanecdotally we are seeing that thesestudents do return. They secure ju-dicial clerkships, become briefingattorneys, work in legal aid, and workat law firms. (See related story aboutStephanie Townsend-Allala,’02, onpage 53.)

Of the first class of ten studentsfrom El Paso, UT Law acceptedthree. One, after law school, went toRice to obtain a master’s degree inpsychology so she could work as ajury advisor. One went to work at alaw firm in Houston. The third wentback to El Paso to work in legal aid.That’s a pretty good return on ourinvestment—for the State of Texas,for the community of El Paso, andfor our Law School.

18-19_FF_Getman-Leclercq 11/21/05 3:00 PM Page 19

S. CORPORATIONS ARE FREE

to choose the state lawthat governs their inter-nal affairs. At the root of

that freedom is a conflict-of-lawsrule, according to which a corpora-tion’s internal affairs are governed bythe state of incorporation. As a resultof that rule, corporations can choosea particular corporate law regimesimply by incorporating in the rele-vant state.

In the European Community, bycontrast, corporations have long beendenied such freedom of choice. Mostmember states of the European Com-munity have traditionally adheredto the so-called “real seat” doctrine.Under that doctrine, it is the loca-tion of the corporate headquartersrather than the place of incorpora-tion that determines the applicablecorporate law. As a result, corpora-tions cannot choose to be governedby the law of another member stateunless they move their headquartersto that member state, something thatfew corporations are willing to do.

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JensDammann

F R E E D O M O F C H O I C E ?

A critical look at the costs

and benefits of harmonization

in European corporate law.

U

P HOTO G R A P H BY W YAT T MC S PA DDE N2 0 U T L AW Wi n t e r 2 006

Jens Dammann has studied corporate law

in both the United States and Germany.

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Wi n t e r 2 006 U T L AW 2 1

Over the last few years, however,the situation in the European Com-munity has undergone a fundamen-tal change. In a number of decisions,the European Court of Justice hasmade it clear that the “real seat” ruleviolates European Community law.According to the Court of Justice,once a corporation has been formedin any given member state, it has theright to be governed by the corporatelaw of that member state, regardlessof where its corporate headquartersis located.

Thus, the European Communitynow faces a question with which theUnited States has been grappling fora long time: should corporations beleft free to choose from a menu ofcorporate law regimes or should thatfreedom be eliminated by way of en-acting a uniform corporate law regimeat the Community level?

Essentially, the answer to thatquestion depends on whether or notone trusts corporations to choose ef-ficient over inefficient corporate lawregimes. If corporations tend to mi-grate toward jurisdictions with moreefficient corporate law, then freedomof choice is likely to lead to betteroutcomes than the federalization ofcorporate law does. After all, if thenumber of available law regimesfrom which to choose is sufficientlylarge, then at least some of them arelikely to be more efficient than what-ever regime would result from theCommunity legislative process. If, bycontrast, corporate decision makerstend to choose inferior corporate lawregimes, then the federalization ofcorporate law may well be more effi-cient, since it prevents such ineffi-cient choices.

The question, then, is whether cor-porations can be trusted to chooseefficient over inefficient rules. In thiscontext, the most significant prob-lem results from the risk of manage-rial opportunism. Indeed, in theUnited States the question of mana-gerial opportunism has long been atthe very heart of the debate on free-dom of choice in corporate law.Some scholars believe that managersroutinely abuse their influence to

ensure that corporations end up instates with corporate law that pro-motes the interests of managers atthe expense of shareholders. Othervoices in the literature dispute thataccount. They argue that the capitalmarkets exert a sufficient amountof pressure on managers to ensurethat corporations will generally mi-grate toward states with efficient cor-porate law. Hence, they conclude,freedom of choice tends to benefitrather than harm the interests ofshareholders.

Not surprisingly, when freedom ofchoice was first discussed with respectto European corporate law, scholarswere quick to point to the aforemen-tioned debate in the U.S. literature.The assumption was that in order toknow what is best for Europe, onehad to find out what works best in theUnited States.

However, that assumption is verylikely mistaken. In fact, there is rea-son to believe that granting freedomof choice in corporate law is the mostefficient course of action to take inEurope, even if one considers such asystem to be inefficient in the UnitedStates. To be sure, that assessmentmay be somewhat counterintuitive.After all, if one were to come to theconclusion that freedom of choicedoes not work in the United States,why should the outcome be differentin Europe?

In answering that question, it ishelpful to start with two preliminarypoints. To begin with, there willa lways be some managers who,instead of acting opportunistically,use their influence to make sure thattheir corporation reincorporates inthe jurisdiction with the most effi-cient corporate law. Thus, for a trendtoward efficiency to occur, it is verylikely sufficient to make sure that cor-porations cannot migrate towardjurisdictions with less efficient law.Moreover, it is worth noting thatstates can do much to ensure thatdomestic corporations do not moveto other jurisdictions with less share-holder-friendly law. For example, byrequiring that any decision to rein-corporate be approved by a superma-

jority rather than by a simple majori-ty of all shareholders, states can makeit harder for managers to reincorpo-rate in states that favor managers atthe expense of shareholders.

Thus, the decisive question canbe framed as follows: Can we expectthe member states of the EuropeanCommunity to take more energeticsteps than their U.S. counterpartsto prevent corporations from rein-corporating in jurisdictions with lessefficient law? And, in fact, the answeris yes.

Most important, the influence ofcorporate lawyers as an interestgroup must be considered. In theUnited States, corporate lawyers inany given state are not necessarilyunited in trying to prevent corpora-tions from reincorporating in anoth-er jurisdiction. After all, given that amajority of all publicly traded corpo-rations are already incorporated inDelaware, many lawyers across thenation already have an expertise inDelaware law. And even if they don’t,the various corporate law regimes inthe United States are sufficientlysimilar to make it relatively easy foran attorney specializing in the cor-porate law of one state to gain exper-tise in the corporate law of anotherstate as well.

In Europe, by contrast, the situ-ation looks very different. Funda-mental differences between the vari-ous corporate law regimes make itexceedingly difficult for a lawyerfrom one member state to give ad-vice on the law of another jurisdic-tion. The fact that many of the dif-ferent member states use differentlanguages also contributes to thatproblem. As a result, a corporation’sdecision to reincorporate in anothermember state will almost certainlymean that the corporation will haveto work with different lawyers. It fol-lows that lawyers have every incen-tive to pressure their member statesto impose harsh requirements onfirms that want to reincorporate. Andopting for mandatory supermajorityrequirements is an easy way for law-makers to accommodate local law-yers while at [ CONTINUED ON PAGE 59 ]

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2 2 U T L AW Wi n t e r 2 006

NE IMPORTANT REASON TO

question the applicabilityof the Geneva Conven-tions to the global war

on terror (GWOT) is that undesir-able legal and policy consequencesmight follow from the characteriza-tion of the conflict as a “war.” Forexample, characterizing the conflictas a “war” might empower the pres-ident to exercise extraordinary, dra-conian powers reserved for the suc-cessful prosecution of wars. Or, to takeanother example, perhaps design ofcounterterrorism policy on a “warmodel,” rather than on the “law en-forcement model,” is ineffective andcounterproductive. Irrespective of themerits of these claims, such considera-tions are irrelevant to whether theGeneva Conventions do or shouldapply to the GWOT.

Some of these issues obviouslyturn on matters unrelated to theapplicability of the conventions. Con-sider a couple of examples. The im-portant (and widely debated) ques-tion of whether the “war model” isthe most effective means of counter-terrorism should exert no weight onour inquiry into the applicability ofrules governing the conduct of war.As a conceptual matter, the proprietyof any given conflict has no bearingon whether a conflict in fact exists.Moreover, it is perverse to argue thata poorly justified war may be foughtfree of the constraints that would(presumably) govern wars fought formore sound reasons. In short, oppo-sition to the “war model” is a badreason to oppose application of theconventions.

Another example is the debateover the validity of the self-defenseclaim advanced by the United Statesin the wake of the September 11attacks. The United Nations Chartergenerally prohibits the use of force byone state against another sovereignstate. The most important exceptionto this rule is the “inherent right” ofall states to use force in self-defense.Under the charter, states have theright to use force in self-defense pro-vided they have been subject to an“armed attack.” Whether attacks car-ried out by non-state actors ever con-stitute “armed attacks” is an impor-tant question—related obliquely per-haps to the question of whetherhostilities involving non-state actorsconstitute “armed conflicts.” First,note that there is no clear relationbetween the “armed attack” require-ment of the charter and the “armedconflict” threshold in the conven-tions. Indeed, some circumstances(even in the interstate context) wouldclearly trigger the application of theconventions without necessarily sat-isfying the “armed attack” require-ment. Recall that a formal declara-tion of war unquestionably triggersapplication of the Geneva Conven-tions—even though without more(such as the assumption of an aggres-sive-force posture), a declaration ofwar alone would not constitute an“armed attack.” And, of course, theexistence of a non-international armedconflict confined to the territory ofone state would not trigger the rightto self-defense—even though someaspects of the conventions governsuch circumstances.

These divergent fields of applica-tion are the result of divergent policyobjectives. The UN Charter self-defense rules seek to minimize inter-national aggression—these rules arepart of a wider regime committed tothe elimination of war as an instru-ment of national policy. As such, theprimary concern is the over-applica-tion of the self-defense exception—which tends to push the threshold ofapplication higher. The Geneva Con-ventions, on the other hand, seekto minimize unnecessary sufferingresulting from organized hostilities.Therefore, the primary worry inGeneva law is the under-applicationof humanitarian rules—which tendsto push the threshold for applicationlower. Because there is no necessaryrelationship between the optimallevel of war and the “optimal” level ofsuffering in war, there is no necessaryrelation between the triggering con-ditions of these regimes. Indeed, anystructural linkage of the two regimesrisks frustrating the policy objectivesof one (or both) of the regimes. Anystructural relationship between thetwo regimes would tend to exert pres-sure in the opposite direction sug-gested by regime objectives.

The most important examples,though, are those that implicate thevery values the conventions purportto protect—individual rights. Con-sider the example of emergencypowers. The central point here isthat the conventions do not define,directly or indirectly, when the presi-dent may invoke constitutional warpowers. If, when, and to what extentthe U.S. Constitution empowers the

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T H E G E N E V A C O N V E N T I O N S A N D

T H E G L O B A L W A R O N T E R R O R

The ongoing struggle over the

role of law in time of war.

P HOTO G R A P H BY W YAT T MC S PA DDE N

O

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president to suspend civil liberties,presents questions that have little, ifanything, to do with the applicabili-ty of the conventions. The conven-tions define the treatment due vul-nerable individuals in the context oforganized hostilities. The problemaddressed by the conventions is theradical inhumanity that all too oftencharacterizes warfare. To address thisproblem, the conventions prescribea few simple rules that require hu-mane treatment of captured enemysoldiers and civilians. The limitingprinciple for these rules is militarynecessity. Because it is unreasonableto expect warring parties to observerules that increase the prospect oftheir defeat, the conventions requireonly a modest level of protection—a level that is consistent with the

legitimate strategic imperatives ofwaging war. The conventions, in thissense, establish minimum rules thatapply even when arguably no otherlaw does—shining the light of law,however dim, into the darkness ofwar. Given these limited ambitions,the conventions should apply when-ever fighting erupts between orga-nized enemies.

The proper scope of presidentialwar powers, on the other hand, turnson other considerations. These pow-ers, it is thought, promote nationalsecurity by vesting the president withthe authority necessary to wage warsuccessfully. The idea is to empowerthe president, under certain circum-stances, to act outside some of theordinary constraints of law. This bodyof law, in this sense, defines when andto what extent the president may actcontrary to the law. It may be, forexample, that the president has the

authority during a war to detain with-out charge or trial U.S. citizens whotake up arms against the United States.Given these features, broad presiden-tial war powers should be triggeredonly in a narrow range of carefullydefined circumstances.

Of course, this is not to say thatthe applicability of the conventionsin no way implicates the scope ofexecutive power. If the conventionsapply, and if they accord humanitar-ian protection to captured enemyindividuals, then the conventionsclearly impose a legal constraint onthe scope of the president’s power.This kind of concern, however, isnot a “collateral” matter at al l ;rather, it is a direct challenge to theadvisability of applying the conven-tions. This kind of challenge is bestevaluated through focused analysisof specific protections—particularlywhen provided

Derek Jinks is an expert in the fields of

public international law and criminal law. [ CONTINUED ON PAGE 59 ]

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2 4 U T L AW Wi n t e r 2 006

N THE WAKE OF THE ENRON SCAN-dal both the legal profession andthe general public have renewedcalls that more attention be paid

to legal ethics. What does historyhave to teach us about the utility offocusing more effort and intensityon this subject?

From their first appearance in the12th and 13th centuries, profession-al attorneys have had to addressethical questions arising from theirrole as facilitators of justice and advo-cates on behalf of the cause of anoth-er. And, it turns out, those medievallawyers were well instructed in theirethical duties. Yet during the sameperiod, lawyers faced scathing criti-cism of how they met, or failed tomeet, their ethical obligations.

The history suggests an explana-tion for this dichotomy that makes asmuch sense now as it did hundredsof years ago. Medieval law studentsand practitioners received ambigu-ous messages about how they weresupposed to behave. They were toldto be noble guardians of justice, butthey were also acknowledged to bebusinessmen. They were instructedto advocate zealously for their clients,but they were also warned not to usetricky arguments to win cases or pro-long suits. Such competing expecta-tions could not always be reconciled.Disillusionment and cynicism, amonglawyers and non-lawyers alike, wasthe result.

The immediate antecedent of themodern legal profession traces to theEurope of the 12th and 13th cen-turies. The Roman Empire had sup-ported a cadre of trained lawyers who

were largely responsible for elaborat-ing its highly sophisticated legal sys-tem. But for the approximately sixhundred years after the collapse ofthe empire in Western Europe, therewere no professional lawyers as wewould recognize them. There were, ofcourse, men who knew the laws, whoremembered the proper formulae tospeak in court or the correct proce-dure to follow, but they were neithertrained in law nor vocationally conse-crated to the profession.

Lawyers reappeared when formallaw reappeared. During the six-hun-dred-year lawyerless interim after thefall of the Roman Empire, law arosefrom the customary activities of thecommunity, and the community mem-bers acted as judge and jury whenfaced with violations of those customs.Then, in the 12th century, in England,the king began to take control of themachinery of justice through legisla-tion and through the creation andempowerment of centralized courts.To learn to argue before these courts,students began to serve apprentice-ships, which later became years ofstudying and training in the Inns ofCourt. Simultaneously, in ContinentalEurope, scholars rediscovered thesixth-century body of written Romanlaw and fashioned it into a law fortheir own world. The Roman law in-fluenced both the canon law (that is,the law of the Catholic Church) andthe local customary laws, helping toturn them into more coherent andfinished legal systems.

To qual i fy as a lawyer in theRoman or canon law, students hadto spend many years in universities.

The need for training, and the ex-pectation that practitioners wouldbe officially credentialed, created arestricted and identifiable caste oflawyers, with a characteristic set ofethical issues that arose from tryingto manage the competing claims ofclients, courts, colleagues, and self-interest.

The medieval ideal of the ethicallawyer was well developed in sermonspreached specifically to lawyers andlaw students, in manuals for Catholicconfessors about how to hear the con-fession of attorneys, and in lecturesgiven in law school classrooms. Theethical lawyer took on only just cases.He served the poor as well as the rich.He gave every case his fullest atten-tion, regardless of his client’s ability topay. He charged only a moderate fee,and then only for work actually done.The ethical attorney never gave falsecounsel or suborned perjury. He didnot try to confuse his opponent orthe judge with over-subtle technicalpoints of law or procedure in order todraw out the suit or to force conces-sions. He did not try to cover up hisignorance of a point of law with blus-ter and bluff. And he always refusedto aid a client in engaging in frivolousor malicious litigation.

If sermons preached to attorneysare any guide, medieval lawyers didnot live up to these high standards. Ina model sermon intended to be deliv-ered to judges and attorneys, thefamed 13th-century preacher Guibertof Tournai assured his audience thatthe ideal lawyer was not like “the attor-neys of our time, who are officers ofiniquity, who catch the poor man in

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T H E M O R E T H I N G S C H A N G E

Tension in the legal profession

between ethical practice and zealous

advocacy has always been with us.

I

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Wi n t e r 2 006 U T L AW 2 5P HOTO G R A P H BY W YAT T MC S PA DDE N

his cunning and ensnare him with thenoose of his words. They duly assist injust and unjust causes alike and theyproduce fraudulent documents andfalse and corrupt witnesses. Theyallege false laws and false factualproofs.” Continuing, he told the cau-tionary tale of “a certain faithlessattorney, who, as he was dying and sawthe demons waiting to take his spirit,began to cry, ‘a stay, a stay!’ But hecould not obtain a stay from the justjudgment of God, because frequentlyin cases he had fraudulently requestedstays so that he might protract the suitand injure his adversary. We hardlyfind one attorney who does not speakmany lies and tergiversations.”

When the 14th-century cardinalPierre DePalme preached a Lentensermon in 1340 to a papal court fullof lawyers, he compared the unethi-cal behavior of lawyers to the threefoul spirits that poured forth from

the mouth of the beast in Revelation16:13: “The first [spirit] is the hidingand impugning of the truth and thedefense of deception. The second isthe complicating of a case and itsprolongation. The third is trickeryand the false and deceitful imposi-tion of charges. Through these threeevil spirits, barristers ensnare manygood men and subvert their causes,making them interminable. And these[behaviors] are detestable in the eyesof all honest men. Such [barristers]truly are sons of the devil.” A similarchorus of grievances against lawyerscommenced when law became a rec-ognizable occupation, and it has notceased ever since.

Underlying many of the com-plaints about lawyers’ ethics, howev-er, were certain fundamental ambi-guities that arose with the birth ofthe legal profession. Consider, for in-stance, the problem of selling access

to justice. Imbued with the biblicalspirit that knowledge and justiceshould not be sold and with the tra-dition of the aristocratic Roman jurist,who refused remuneration for thelegal advice he dispensed, medievaljurists felt a certain squeamishnessover the very idea of being paid forlegal services. Somehow, however,they managed to overcome that hesi-tancy. Early in his series of lectureson the Roman law, the 13th-centu-ry Italian law professor Odofredusmade this frank acknowledgmentof lawyers’ interest: “Philosophersspurn money, and rightly so.” But,he continued, we are lawyers; weget paid.

Nevertheless, medieval lawyers con-tinued to worry about when they couldand should

Kadens’ collection of 16th-century books

focuses on medieval Roman and canon law.

[ CONTINUED ON PAGE 60 ]

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26-33_Mersky 11/21/05 4:57 PM Page 26

aw librarian Roy Martin Mersky’sgrandfather was an anarchist. Hismother was raised in a Utopiancommunity. Imagine their surprise

when Roy announced he would become a law

librarian. It must have been a shock. ¶ Yet RoyMersky has made a good living on law and(Library of Congress) order. He’s risen to thetop ranks of his field and just this summer waspresented with the American Association ofLaw Libraries’ Distinguished Service Award.

Roy Mersky

and the

Future of

LibrariesOr, how the Jamail Center

for Legal Research became one of

the best of its kind in the world.

�by ALLEGRA JORDAN YOUNG

photographs by

WYATT McSPADDEN

^ ^ ^

Wi n t e r 2 006 U T L AW 2 7

26-33_Mersky 11/28/05 11:02 AM Page 27

And while he may not share hisgrandfather’s methods, he does sharehis grandfather’s concern for social jus-tice. He believes that improving accessto legal information creates a bettersociety. It’s one of the reasons he be-came a law librarian and somethingthat has kept him going in the same jobfor forty years. It’s a job worth doingwell and a pursuit he will follow, “until2020, at least!” he says.

{ Order and Justice }

oy Mersky’s mother, RoseMendelsohn, was raised inan Esperanto-speaking Uto-pian community. She mar-

ried New York City businessman IsadoreMirsky, whose sense of order was sorefined that he used no paper to runwhat many consider the world’s bestbialy bakery, Mirsky and Kossars. (RoyMersky’s surname was changed by ahigh school registrar’s spelling error,and the bakery was later sold.)

Roy inherited his father’s businessskill and his grandfather’s deep con-cern for social justice. This family his-tory explains his ability to focus on crit-ical business metrics—such as the com-prehensive operational cost to shelve abook at the Tarlton Library ($125), orthe change in online database costs. Italso explains his deep need for actionin the face of prejudice.

The Mirsky family understood prej-udice. Roy’s father was born near Bialy-stok, Poland, a town between Treblinkaand Belarus. On the eve of World WarII, Bialystock’s Jewish population stoodat nearly 200,000. The population waseither killed by the Nazis or fled to jointhe Russian army.

Anti-Semitism and fascism radical-ized young Roy Mersky. He had justbegun pre-med studies at New YorkUniversity in 1943 when he decided toenlist in the U.S. Army.

“I knew what I was fighting againstin World War II: fascism and anti-Semitism. Some other people just want-ed to fight. They were inevitably thefirst to crack under the pressure,” hesaid. “When things went bad, you hadto remember why you were there.”

While in basic training Merskytaught some fellow soldiers, anti-Sem-ites themselves, how to read. They be-came friends. In return, the soldiersprotected him from the anti-Semitismwithin the U. S. Army. They also taughthim about baseball, knowledge thatwould save his life in battle when hewas attached to Patton’s Third Army.

{ The Western Front }

n mid-December 1944, thefuture Harry Reasoner Re-gents Chair in Law wasbounced around the back

of a convoy truck headed toward theGerman lines. The men of the 87thDivision drove through the Ardennesforest to reinforce the 101st Airborneagainst 14 divisions of German soldiers.Roy, at 18, was nearly three years olderthan the average German soldier hefaced. The problem was, there were somany more of them, and the temper-ature was dropping.

It was the worst winter in twentyyears in Europe. The U.S. and Britisharmies had pushed the Nazis back tothe German border. In Hitler’s lastmajor offensive, the Nazis struck atthe Belgian border, creating a wedgebetween the U.S. and British troops.Hitler’s goal: the vital supply port atAntwerp.

No one told the infantr ymen ofCompany D what an incoming Ger-man shell sounded like. On their firstnight of camping just south of thebattle lines, the woods suddenly filledwith “whirring noises.” The incomingshells killed nearly half of Mersky’scompany. The survivors piled into thebacks of convoy trucks and drove toBastogne, Belgium.

Bastogne was besieged by panzersand Volkstrum. Worse, a thousand Ger-mans had infiltrated the American lines,dressed as American soldiers, drivingcaptured American Jeeps, and trainedto speak perfect English.

The U.S. troops took to using base-

18 89

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Law students relyon the private law libraries ofGovernor O. M.

Roberts and JudgeRobert S. Gould,

UT’s first two law faculty members.

1908

Isadore Mirsky migrates

from nearBialystok, Poland.Establishes bialybakery in New

York City.

19131903

The Ballinger and Jack

library fund is established with $1,000.

The new lawbuilding houses5,000 volumes.

18 83

A lecture roomhouses the law library.

18 95

Library Collection

Reaches

4,000Volumes

LAW LECTURES WERE FIRST HELD INOLD MAIN, BUILT IN 1882.

THE WORLDS MOST FAMOUS BIALY BAKERY IS KOSSAR’S IN NEW YORK, FORMERLY MIRSKY AND KOSSAR’S.

ROBERTS, TOP, HELPED FOUND UT. BOTH HE ANDGOULD SERVED ON THE TEXAS SUPREME COURT.

THE FIRST LAW BUILDING WAS KNOWN AS THE “LITTLE YELLOW SCHOOLHOUSE.”

^

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Wi n t e r 2 006 U T L AW 2 9

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1940

1916

1919

1921

1925

Coke’s ClassicTHE TATTERED BOOK that Professor Mersky holds in thecover photo is one of the rarest finds in the Jamail Centerfor Legal Research. It is the first volume of a seven-volume set of The Reports of Sir Edward Coke (London,1738). Volumes 2–7 of the set have been in the TarltonLaw Library since at least 1986. Coke was one of themost influential jurists in English legal history, and hiscase reports were so highly regarded that they werecited simply as “The Reports.” Even though the library’sset was incomplete, it was still valu-able because it once be-longed to Oliver Ellsworth(1745–1807), who was ap-pointed by George Wash-ington in 1796 as the thirdchief justice of the U.S. Su-preme Court.

In 1999, another formerchief justice of the Texas Su-preme Court, the HonorableJoe R. Greenhill, Sr., ’39, donated several books to theTarlton Law Library. One of them was a book he hadbought in the 1930s, while he was a law student, at theold Gammel’s Bookstore on Congress Avenue. It wasthe missing Volume 1 of Coke’s Reports, with Oliver Ells-worth’s signature on the title page. “If you are patientand lucky, you can sometimes find a replacement for amissing volume,” said Mersky, “but to find THE missingvolume—that’s practically unheard of!”

Source: Michael Widener, Head of Special Collections

Law librarian Ione Spears is

appointed to a full-time position.

10,000 volumes arenow in the library.

The Texas Legis-lature authorizesthe secretary of

state to exchangeTexas laws, reports,

and statutes forthose of other statesfor the benefit ofthe law library.

The CarswellCompany donates

1,119 rare books.

Roy is born toIsadore and

Rose Mirsky.

Helen Hargrave,’26, becomes assis-tant law librarian.

Hargrave promotedto law librarian.Publishes News

Sheet duringWorld War II sentto ex-students andUT faculty servingin the armed forces.

Library Collection

Reaches

40,000Volumes

ISADORE AND ROSE MIRSKY WERE MARRIED IN 1923.

MERSKY AND HIS SISTER. ROY’S LAST NAME WAS CHANGED DUE TO A HIGH SCHOOL CLERICAL ERROR.

%

ball passwords—either you knew whatteam Joe DiMaggio played for or youwere shot. Roy, who grew up only a fewblocks from Yankee Stadium, had neverlearned the game. The men he taughtto read taught him baseball, and thatsaved him.

The Battle of the Bulge broke theNazi army. Roy’s Eighty-seventh Divi-sion advanced 165 kilometers intoGermany and took 10,282 prisoners.In one sortie, Roy was sent to capturea group of young soldiers—all lessthan 15 years old except for their SSofficer. As Roy reached to receive theofficer’s gun, the man shot him throughthe hand.

Roy was sent to convalesce in Rheims,France, his work done. He’d fought infour major campaigns in the Europeantheater of operation and had receivedthe Infantry Combat Medal and theBronze Star.

While in the hospital, he spent histime applying to schools and readingmilitary-issued books. He no longerwanted to study medicine in New York.He wanted to pursue social justice bybecoming a labor economist. The bestprogram at that time was at the Univer-sity of Wisconsin, Madison.

In 1946, while studying labor eco-nomics, Roy took a job at his univer-sity’s library. He loved it. He decidedon a life in law and library science, andcompleted his law degree in 1953. He

26-33_Mersky 11/21/05 4:57 PM Page 29

received his master of li-brary science degree. Hethen worked for 11 years asa professor and a law librar-ian at various universities,including Yale. He eventu-ally became a professorand the law librarian at theUniversity of Colorado.

While at Colorado, Royclosely followed the votingrights struggle. After policein Selma, Alabama, beatnonviolent marchers onMarch 7, 1965, thousandsof people drove to Alaba-ma to protest. Roy madethat trip.

“I wanted to be a wit-ness. I wanted to be able totell my children that I didwhat I could,” Roy said.Despite a sprained ankle,he marched in protestsleading up to the March 21walk to Montgomery. Hewas also charged by mount-ed policemen and beaten.

Upon his return to Col-orado, Roy was both re-viled and hailed. One per-son in particular calledto congratulate him: DeanPage Keeton thanked himfor his courage—and thenwelcomed him to Austin.

{ Building Institutions }

hen the Law School wasfounded in 1883, studentsrelied on the private libra-ries of Governor O. M.

Roberts and Judge Robert S. Gould,the Law School’s first two faculty mem-bers. The library collection soon ex-panded beyond the private holdings,and in 1895 a lecture room becameUT Law’s first library. The Board ofRegents stipulated that students payannual fees to create a library acquisi-tion fund.

Twenty-one years later, UT Law hiredits first full-time law librarian, Ms. IoneSpears, to cultivate the 10,000-volumecollection. During this era private do-nations assisted its growth, including$1,000 to establish the Ballinger andJack library fund, and the Carswell Com-pany’s donation of 1,119 rare books.

In 1930 UT Law hired one of its owngraduates, Helen Hargrave, ’26, as itslibrarian and faculty member. She wasboth the first female law professor anda beloved figure in the library. Har-grave tripled the collection, and UTLaw became the largest law libraryin the South and Southwest. Duringher tenure, the library was renamedthe Tarlton Law Library, after JudgeBenjamin Dudley Tarlton. Tarlton hadserved on the UT Law faculty afterestablishing a private law practice, serv-

Online Resources fromRare Books

and Special Collections

The Papers of Justice Tom C. Clark: Civil Liberties and Civil Rights Cases of the U.S. Supreme Court

http://utopia.utexas.edu/explore/clark/

Texas Constitutions Digitization Projecthttp://www.law.utexas.edu/constitutions/

Law Dictionary Collectionhttp://tarlton.law.utexas.edu/rare/dictsweb/

Sources on Heman Sweatt and Sweatt v. Painterhttp://tarlton.law.utexas.edu/rare/sweatt.html

Law in Mexico Before the Conquest http://tarlton.law.utexas.edu/rare/aztec/Home.htm

Resources on Aztec and Mayan Lawhttp://tarlton.law.utexas.edu/rare/aztec.html

Texas Legal History: A Survey of Oral History Resourceshttp://tarlton.law.utexas.edu/rare/law-relatedOH.html

Introduction to Book Collectinghttp://tarlton.law.utexas.edu/rare/bookcollecting.html

Guide to Legal History on the Web http://tarlton.law.utexas.edu/rare/legalhis.html

Web Sources for the Legal History of the American Westhttp://tarlton.law.utexas.edu/rare/wha.html

Guide to Law-Related Resources at the Harry RansomHumanities Research Center

http://tarlton.law.utexas.edu/rare/hrc.html

Mersky volunteersfor the U.S. Army

to fight fascismand anti-Semitism.

Mersky is honorably discharged.

Begins work on B.A., J.D., and M.A.L.S.degrees from

the University of Wisconsin.

Mersky works at libraries

in Wisconsin,Connecticut

(Yale),Washington,

and Colorado.Practices

law in Wisconsin.

1953--65

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1944

19461943Nazis burn the

Great Synagoguein Bialystok,

Poland, with 2,000Jews inside. Jewsare rounded up

into ghettos.

1941

Mersky is woundedthree times in theBastogne crisis.Receives three

medals, including a Bronze Star.

1 9 4 8Library

Collection Reaches

70,000Volumes

1950

Undergraduatelibraries begin

providing studentsfull access to their stacks.

MERSKY SERVED IN THE INFANTRYOF PATTON’S THIRD ARMY.

THE UNIVERSITY OF WISCONSIN AT MADISONWHERE MERSKY STUDIED, TAUGHT, AND WORKED.

TOP: THE GREAT SYNAGOGUE IN BIALYSTOK; AN AERIAL PHOTO TAKEN DURING THE FIRE.

26-33_Mersky 11/21/05 4:57 PM Page 30

ing as a representative to the TexasLegislature, and serving as chief justiceof the Court of Civil Appeals (SecondDistrict of Texas).

When Helen Hargrave retired in1965, Dean Keeton called ProfessorMersky. At Mersky’s departure fromUC-Boulder, the dean inscribed a book“To Roy Mersky, of whom I mistakenlytold the Dean of Texas that he was thebest law librarian in the country.”

{ Mr. Mersky’s Library }

n a 1965 Townes Hall Notesinterview Roy Mersky estab-lished his agenda. The Tarl-ton Law Librar y, which

ranked nationally in the 120s amongacademic law libraries, would becomeone of the most important law librariesin the world. He would professionalizethe library’s staff. The new team wouldexpand access to basic resources, im-prove special collections, such as theinternational and rare-book holdings,and provide more patrons with im-proved access to both the library’s hold-ings and its technologies.

“The library’s primary concern is tothe faculty and students,” he said. “Butas a state institution, we have a respon-sibility to all lawyers in the state to makeresources available to them.”

Today, the Jamail Center for LegalResearch, of which the Tarlton Law

Library is a part, ranks as the seventh-largest academic law library in theUnited States. Mersky’s teams of pro-fessional librarians have acquired morethan 835,000 books. The library loansmore books than the law libraries ofHarvard or Yale. The library has hosteda wide array of scholarly conferences,expanded the rare-books collection,and used a far-ranging set of technolo-gies to disseminate information.

Mersky has also focused on students.He re-established Teaching Quizmas-ters (TQ), a program expanding fac-ulty assistance roles for students. Theprogram had started back in 1901. In1965 students began to help with legalresearch, writing, and oral advocacy.Many American law schools have sinceadopted the model, and UT Law con-tinues to refine the program.

But as important as his achievementof acclaim for Texas is, Professor RoyMersky is nationally known for trainingan entire generation of law librarians.

Tarlton “alumni” include law librar-ians and legal researchers Rhea Ballard-Thrower (Howard), Steve Barkan (U.Wisconsin–Madison), Robert Berring(UC -Berkeley), Lance Dickson (Stan-ford), Don Dunn (former law librarianat West New England College of Law andnow dean of LaVerne College of Law),Charles Dwyer (San Diego County),Harry S. Martin III (Harvard), RobertNissenbaum (Fordham), Keith Stiverson

(Chicago-Kent), Jenni Parrish (UC-Has-tings), Chris Simoni (Northwestern),Dan Martin (Pepperdine), and VirginiaWise (Harvard).

Virginia Wise is Harvard’s ThayerSenior Lecturer on Law for Legal Re-search. She commented, “ChristopherColumbus Langdell may have had atheory about the law library being thecenter of legal education, but RoyMartin Mersky has made it a reality atthe Tarlton Law Library. Throughsheer intelligence, skill, force of per-sonality, and example he has enrichedgenerations of law librarians, staff, fac-ulty, students and alumni at the Uni-versity of Texas. Tarlton has a uniqueblend of special collections, super staff,fabulous art, modern technology, andTexas hospitality that only Roy Merskycould bring together and maintainover decades of sea changes in legaleducation and libraries.”

{ Money Matters }

one of this happens withoutmoney, and the Jamail Cen-ter for Legal Research re-quires constant tending.

From the governor of Texas donatinghis own library to the collection of stu-dent fees, the building of the UT Lawlibrary has been a communal effort.

Important support came in 1989,when Dean Mark Yudof announced in

Wi n t e r 2 006 U T L AW 3 1

RO

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The law library isrenamed for

Benjamin DudleyTarlton.

The librarybecomes a deposi-

tory for one copy of all briefsfiled in the U.S.Supreme Court.

The law librarypurchases one

microfilm readerand one microcard

reader.

UT creates a rare-book room.

Mersky is hired. He re-launches the Teaching Quizmasters

program.

Mersky takes leave to direct

the JewishNational and

University Libraryin Jerusalem.

1972

1953

19 611952

1951 1965

ShelfCapacity Reaches

135,000Volumes

PRESIDENT ZALMAN SHAZAR OFISRAEL WITH MERSKY.

UNITED STATES SUPREME COURT RESOURCES CAN BE FOUND ONLINE ATHTTP://TARLTON.LAW.UTEXAS.EDU/VLIBRARY/SPCT/INDEX.HTML.

TARLTON WROTE LAW TEXTBOOKS THAT WEREADOPTED BY LAW SCHOOLS, INCLUDING UT LAW.

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3 2 U T L AW Wi n t e r 2 006

Townes Hall Notes that he had requesteda tuition increase of $7 per hour toimprove the acquisitions budget of thelibrary. He called the “erosion of sup-port for the Tarlton Law Library” themost serious problem facing the LawSchool. He wrote that the Tarlton LawLibrary and Jesse Jones Hall were “thejewels in the crown of the Law School,and I will do everything in my power topreserve them.”

The Houston Endowment, Inc., re-sponded with a gift of $1 million, near-ly ten times the total library endow-ment that the Law School received inits first 106 years.

In 1993 Lee and Joseph D. Jamail,’52, donated $13 million to UT-Austin,$5 million of which supported twochairs for faculty research, a LibraryExcellence and Research Fund, and aDean’s Discretionary Fund. As a result,the Law School launched the JamailLegal Research Center, of which theTarlton Law Library is a part. Othergenerous gifts from the Jamails havebeen used to expand the library’s col-lection, including the purchase of JohnRastell’s 1525 Exposicions of (th)e Termysof (th)e Law of England, the first dic-tionary of any kind written in English.(See UTLAW, Spring 2002.)

Those gifts have been complement-ed by book fund endowments given bymany loyal supporters of the Law School.To name just a few, in addition to the

Jamails and the Houston Endowment,donors have included Pan and BryanGarner, ’84, the Honorable Joe Green-hill, Sr., ’39, Chauncey Leake, Jr., ’55,Mary J. Parrish, ’78, Eduardo Rodri-guez, ’68, the Scott J. Atlas Philanthrop-ic Fund, the family of Neal Manne,’80, and the family of Judge BenjaminTarlton,’11.

A semi-permanent loan of art alsoenriches students’ lives. Roy Mersky’sfriendship with Elton M. Hyder, ’43,convinced the art collector to house hismassive legal art collection in the Tarl-ton Law Library. The collection con-tains more than 4,000 items of furni-ture and art. It’s one of the largest legalart collections ever compiled by a sin-gle person. It creates a warmth notfound in many law libraries, and it wasplaced in the Jamail Legal ResearchCenter because Mr. Hyder wished forstudents to be surrounded by the histo-ry of the law, as they were in many eliteprivate graduate schools.

{ The Future }

his year UT-Austin’s under-graduate library was re-named the Flawn Academ-ic Center. The center—

more Starbucks than stacks—enablesstudents to relax, work in teams aroundlarge tables, and use technology toaccess learning materials. Its books are

now primarily housed in UT’s otherlibraries, including the Perry-CastañedaLibrary (PCL), where the majority ofUT-Austin's eight-million-volume col-lection currently resides.

These changes send chills throughthose who find comfort in the presenceof book-lined walls. Will the JamailCenter for Legal Research suffer such afate?

“No,” said Jeanne Price, ’82, the cen-ter’s associate director for patron ser-vices. “In the digital age, books won’t goaway. Library patrons still learn frombrowsing the stacks. However, the needfor duplicate copies is reduced becausethe material can often be accessed on-line. That opens up space in the libraryshelves and reduces the number ofbooks we need to have on-site. Some ofthe savings goes into paying the ever-increasing costs of online databases.Other savings are shifted into digitizingour own special collections so thatthose materials will be made availableto wider audiences.”

Price, who also holds degrees fromUT-Austin, Yale, and the Universityof Maryland, acknowledges the move-ment toward having several large re-gional libraries house massive collec-tions especially for archival and preser-vation purposes. One group, the LegalInformation Preservation Association,is exploring the creation of “dark ar-chives.” These archives preserve pri-

UT

LA

WL

IB

RA

RY

TI

ME

LI

NE The library

moves into its new facilities in

Jones Hall.

Mersky takes aone-year leave

to build the New York LawSchool library.

Dean Mark Yudof announces a tuition increase

earmarked for the library.

The HoustonEndowment gives

$1 million.

1991

1980

19821979

1975 1989

In Just Ten Years,

Law LibraryClimbs from

120th to

9thin TotalVolumes

Law librarianHelen

Hargrave becomes the first woman to receive the UT-Austin

distinguishedgraduate award.

Construction converts three

thousand squarefeet of closed

stack area into acomputer center.

JONES HALL WAS NAMED FOR HOUSTON CHRONICLE OWNER JESSEJONES, WHOSE HOUSTON ENDOWMENT PROVIDES SUPPORT FOR UT LAW.

THE LAW SCHOOL NOW PROVIDES WIRELESS NETWORKING THROUGHOUT THE COMPLEX.

DEAN YUDOF AND MERSKY ACCEPT THE CLARK PAPERS DONATION FROMMARY CLARK AND HER SON, U.S. ATTORNEY GENERAL RAMSEY CLARK.

^

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mary authority documents (official re-ports, codes, etc.), but the public has noaccess to the repository.

Roy Mersky echoes this future. Whilehe admits that no one knows what willhappen, he foresees a time when small-er law libraries keep limited numbers ofhard copies and contribute to funding alarger collection housed in a regionallibrary with national stature—one likethe Jamail Research Center.

{ Distinguished Service }

o y s p o k e a b o u t t h e s echanges th i s summer,when he was presentedwith the prestigious Marian

Gould Gallagher Distinguished ServiceAward by the American Association ofLaw Libraries.

“I’ve always tried to be a proactivelibrarian (people have alleged aggres-sive). I’ve embraced innovation, change,and technology. . . . But much has stayedthe same: librarians still feel the stigmaof stereotyping and lack professionalstatus; academic directors are beingdenied tenure; book prices and onlinedatabase costs continue to escalate; anddeans and corporate officers still feelthat libraries are black holes in relationto their budgetary needs. . . . But as Ilook toward my retirement in 2020, Ipledge to remain enthusiastic, intellec-tually curious, and supportive of a mar-

velous profession and a su-perlative former and pres-ent Tarlton staff.”

Will he stick around tosee the transition to strongerlibrar y partnerships anddark archives occur? Afterall, Kings Saul, David, andSolomon each reigned foronly forty years.

Roy Mersky answeredthat question this fall whenDean Bill Powers surprisedh i m with a school-widebirthday party in the Sus-man Godfrey atrium. Thefaces in the audience wereyoung and old, almost allhired after Mersky. Whilethe sprightly eighty-year-o l d w a s t h a n k i n g t h egathering, Professor GuyWellborn yelled out fromthe crowd, “Forty moreyears! Forty more!”

“You get twenty!” retort-ed Mersky.

Gwyn Anderson, Michael Horn,George Peek, Jeanne Price, AddySonder, and Michael Widenercontributed to this article.

Time line sources: Hans W. Baade, withRich Leiter, “Beginnings of the Law Li-brary,” Tarlton Brief, 1997; Interviews,

Townes Hall Notes, 1965–2000; TarltonLaw Library Briefs, 1976–present; TarltonLaw Library Annual Reports, 1965–pres-ent; Michael Widener; Gwyn Anderson.

Wi n t e r 2 006 U T L AW 3 3

P A S T D I R E C T O R Sof UT Law’s Research Center

H. C. Von Struve1895

Ira P. Hildebrand1899–1900

Wilburn M. Cleaves1910

Ione Spears1916–23

Cecil Morgan1923–24

Doris Connerly1924

Lucy Moore1926–40

Helen Hargrave1939–65

Roy M. Mersky1965–present

The law libraryestablishes anonline public

access catalog andcirculation system.

RO

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The law librarybecomes a part ofthe Jamail Center

for Legal Research.

UT Law Librarycelebrates its

millionth volume,John Rastell’s

Exposicions of (th)eTermys of (th)e Law of England(London, 1525),donated by Lee

and Joseph Jamail, ’52.

More than 150 leading legal scholars from

around the globemeet at the

“Language and theLaw” conference.

Jamail Center is sixth-largest law library in the country.

Mersky is awardedthe Marian GouldGallagher Awardfor Distinguished

Service.

2005

1996

20011993

1992 2002

UT LawLibraryHolds

907,417Volumes

LEE AND JOSEPH JAMAIL, ’52, HAVE PROVIDED GENEROUS SUPPORT FOR THE LIBRARY, FACULTY, STAFF, AND STUDENTS.

MORE INFORMATION ABOUT THE RARE-BOOKS COLLECTION CAN BEFOUND AT HTTP://TARLTON.LAW.UTEXAS.EDU/RARE/INDEX.HTML.

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N A HOT SEPTEMBER AFTERNOON

at the intramural fields on Gua-dalupe Street, more than three

hundred students and faculty com-peted in the 2005 Race Judicata: Soci-ety Olympics. The enthusiastic partici-pants scored points in the three-leggedrace, egg toss, tug-of-war, mile run, andother games.

This year’s ultimate victory went tothe Charles McCormick Society, whichbested the Alice Sheffield Society inCapture the Flag.

“I chalk our victory up to high spir-its, great teamwork, and an egg that justwouldn’t break,” said McCormick Soci-ety faculty advisor Ernest Young.

S T U D E N T S O C I E T I E S

H E RACE JUDICATA: SOCIETY OLYM-pics is one of the programs theOffice of Student Life uses to

foster a stronger sense of commu-nity at the Law School and encouragea commitment to pro bono and pub-lic service activities.

Last year Dean Powers launched the

Office of Student Life to help improveUT Law students’ sense of belongingto a close-knit community. He tappedDavid Simon Sokolow, a popular pro-fessor, and Allyson Childs, ’95, to leadthe program.

The societies were named for prom-inent alumni and faculty members, suchas Judge Carlos Cadena,’40, a respectedjudge and civil rights crusader, and AliceSheffield, ’18, one of the Law School’sfirst female graduates. Each society con-sists of approximately sixty first-yearstudents and sixty second-years. Eachhas a faculty advisor and a student pro-gram coordinator to plan events. Thegroups’ activities vary, but every soci-ety has social, academic, professional,and public service programs.

As part of the society program, thefirst-years are sectioned into smallergroups of approximately thirty studentseach. An upper-class student mentorser ves as an advisor and counselorthroughout the first year. These men-tors welcome incoming law studentsduring the summer before school be-gins and host get-togethers the week-

end before orientation. Their role isto help the first-year students becomeacclimated to the Law School, as wellas to plan social and intramural ath-letic activities.

The society program is now in itssecond year, with second-year studentsretaining their membership in the soci-eties they were assigned to in their firstyear. Next year all law students will bemembers of a society.

Does it work? Many students think so. Said first-

year Emily Reynolds, ’08, “I think thesociety program is great because it givesyou a definite set of ‘I know you’s’ andthe comfort of familiar faces. Lawschool would be a lot more overwhelm-ing if it weren’t for the societies.”

P U B L I C S E R V I C E

OCIETIES PROMOTE TEAMWORK,and not just on the playingfield. Public service is an im-

portant element of the program. These events rely on volunteers, and

last year more than half of the first-years

TS

W H A T L U R K S B E N E A T H O U R S C H O L A R S ’ C A L M F A C A D E S ? W E F O U N D O U T A T T H E

3 4 U T L AW Wi n t e r 2 006

A N E W G A M E

34-37_society olympics 11/21/05 4:19 PM Page 34

CLOCKWISE

FROM TOP: TUG-

OF-WAR; PROF.

YOUNG IN THE

THREE-LEGGED

RACE; BAT-SPIN-

NING CONTEST;

STUDENT MEN-

TORS; BUBBLE

BLOWING; PROF.

STEIKER IN THE

THREE-LEGGED

RACE; T-SHIRTS

COMPLIMENTS

OF A GIFT FROM

FULBRIGHT &

JAWORSKI.

BY A L L E G R A J O R D A N Y O U N G

P H O T O G R A P H S

B Y K E N N Y B R A U N

S O C I E T Y O LY M P I C S, W H E R E S T U D E N T S D E M O N S T R AT E D B O T H T E A M W O R K A N D P R I D E.

I N TOWN

34-37_society olympics 11/21/05 4:19 PM Page 35

CLOCKWISE FROM

TOP: THE HORSE-

SHOE PITCH; PROF.

SOKOLOW AND

STUDENT LIFE

DIRECTOR ALLYSON

CHILDS, ’95, WHO

HAVE LED THE

SOCIETY PROGRAM

FOR TWO YEARS;

THE EGG TOSS;

THE GOLD MEDAL-

IST MCCORMICK

SOCIETY WITH

MENTOR JAMILLA

MENSAH, ’06,

AND ADVISOR,

PROF. YOUNG;

SUTTON SOCIETY

RELAY RUNNER;

PROF. TONY REESE

IN THE THREE-

LEGGED RACE.

34-37_society olympics 11/21/05 4:20 PM Page 36

participated. The projects required solv-ing problems and securing cooperationfrom teammates, important skills for anyprofessional. The work also enhancedthe view the Austin community holdsof both the legal profession and theLaw School.

“I am extremely proud of the workour societies have done. Public serviceis an important part of the society pro-gram, and we were thrilled to see ourstudents helping their community,” saidDean Powers.

The projects were varied, depend-ing upon the interests of each society.For instance, this fall the SheffieldSociety, led by Professor Jordan Steiker,volunteered with Habitat for Human-ity. The team spent two Saturdays work-ing on homes. Mentor Michael Cruzfound this project rewarding. “We builtroofs for two houses. We literally put aroof over someone’s head. It was amaz-ing,” said Cruz. Last year the SheffieldSociety adopted Blackshear Elemen-tary School in East Austin. Groups ofstudents tutored and read to the ele-mentary school students each week forsix weeks.

Last year, the Austin State Schoolhad its Community Room repaintedcourtesy of Professor Guy Wellborn’sLeon Green Society. When the school,which serves the mentally retarded andthose with other developmental disabil-ities, needed assistance this fall withrenovating its deck and landscaping,the students in the Green Society werehappy to oblige.

Professor Ernest Young’s McCor-mick Society worked for two eveningsthis fall at Casa Marianella, an emer-gency shelter serving immigrants andrefugees in Austin. Program coordina-tor and mentor Jamila Mensah, ’06,said, “With public service, sometimesit’s rare to see the fruits of your laborright away. But the McCormick Societygroup was able to fix a meal that theresidents of Casa ate for dinner thatnight, so they were able to see all ofthe hard work put to good use rightaway. I think everyone truly enjoyedthe experience.”

When program coordinator AmyEmerson surveyed the students in theBradford Society, they indicated an in-terest in volunteering outdoors. Work-ing with the Austin Parks Foundation,

they removed rocks from Shoal Creekto allow the water to run more freely.Last year, the Bradford Society raisedmore than $1,000 for the Susan G.Komen Foundation by participating inthe Race for the Cure.

In a different section of Austin, stu-dents from Professor Patrick Woolley’sGus Hodges Society participated in acleanup effort at Lake Travis with theLower Colorado River Authority andKeep Austin Beautiful. Last year theHodges Society partnered with Jen-kens & Gilchrist, P.C., to process morethan 4,300 pounds of frozen carrots atthe Capital Area Food Bank. “I’llnever look at carrots the same wayagain,” said student mentor BrandonDeFrehn, ’06.

This year, the Helen Hargrave So-ciety hosted a Volunteer Day publicservice panel. Led by Professor SarahBuel, the group will support Street Law,a group that sends law students intomiddle and high schools to teach stu-dents basic information about the law,human rights, and democracy, and theSurvivor Support Network, which helpssurvivors of domestic violence.

A group of Sutton Society studentsand faculty advisor Barbara Hines vol-unteered this fall at the Capital AreaFood Bank. Last year, the Sutton So-ciety assisted low-income individu-als and families in filing their taxreturns.

The societies also added career, aca-demic, and social support for students.Last year the Cadena Society presenteda panel discussion on Careers in Pro-secution, featuring speakers from theU.S. attorney’s office, the Austin dis-trict attorney’s office, and a U.S. mag-istrate judge. Attendees heard adviceabout the prosecutorial career path atthe state and federal levels. The Ca-dena Society also invited Judge RichardHinojosa to speak to students abouthow to become a judicial clerk andthe ways in which clerkships benefit astudent’s career.

The societies also arranged socialevents and movie nights. For instance,one society screened Runaway Jury andheard Lisa Blue, one of the nation’stop jury consultants, speak about thepsychology of jur y selection. Afterwatching The Thin Blue Line, a docu-mentary about the conviction of an

innocent man, another group discussedthe Actual Innocence Project with Pro-fessor Bill Allison. Other social eventsincluded a bowling night, a Thanks-giving dinner, and a presidential elec-tion night party.

M O V I N G A H E A D

O K O L O W A N D C H I L D S H AV E

used both anecdotal and writ-ten survey feedback to refine

the program. “We’re putting more activities in the

early weeks of school. Frontloading ac-tivities helps students meet each otherat a time when they’re not beginning toprepare for exams,” said Allyson Childs,the director of student programs. Forexample, society lunches were held dur-ing First-Year Orientation. Each societyalso had a boat party on Town Lake dur-ing the month of September, allowingfirst- and second-year society membersto meet one another in a festive atmos-phere. In addition, whenever possible,the faculty advisors are teaching thestudents in their societies.

In a wonderful development, thelaw firm of Fulbright & Jaworski L.L.P.recently gave the society program agenerous two-year grant to underwritespecific society programs and events.The funds will support activities com-mon to all societies, including the soci-ety lunch during First-Year Orientation,the Race Judicata: Society Olympics,kick-off socials on Town Lake, and anend-of-the-year social event.

Regular society reports will appearin future UTLAW editions, and in theschool’s bimonthly e-newsletter. Thesereports will also be posted online soour alumni can keep up with the resultsof a positive innovation that the schoolbelieves will have long-term benefits forcurrent law students and for the UT LawSchool as well.

“Texas Law is one of the biggest pro-grams in the country, but the societyprogram makes it feel much more likea tight-knit community. It has createda collegial environment that has en-riched my law school experience,” saysCasey Kaplan,’06, program coordinatorfor the Sheffield Society.

Editorial assistance provided by Allyson Childs,David Simon Sokolow, and Paula Taylor.

S

Wi n t e r 2 006 U T L AW 3 7

34-37_society olympics 11/21/05 4:20 PM Page 37

3 8 U T L AW S p r i n g 2 002

MY NOMINATION FOR THE ABOVE-REFERENCED ALUMNI ASSOCIATION AWARD IS:

Nominee Class Year

Address

City State Zip Code

Telephone

PLEASE GIVE AN OVERVIEW OF YOUR NOMINEE'S ACHIEVEMENTS AND ACCOMPLISHMENTSAND WHY YOU BELIEVE THAT HE/SHE IS DESERVING OF THIS HONOR. IF POSSIBLE, PLEASEINCLUDE OTHER BACKGROUND INFORMATION (ATTACH ADDITIONAL PAGES AS NEEDED).

Nominated by

Address

City State Zip Code

Telephone

PLEASE SUBMIT YOUR NOMINATIONS TO:The University of Texas Law Alumni Association

727 E. Dean Keeton StreetAustin, Texas 78705

(512) 471-6314 • FAX: (512) 471-6987

2007LAWALUMNIASSOCIATIONAWARDSNOMINATIONFORM

N O T E : N O M I N A T I O N S A R E CU R R E N T LY B E I N G A C CE P T E DNOMINATIONS DUE BY FRIDAY,

SEPTEMBER 8,2006

LIFETIMEACHIEVEMENT

AWARDThis award honors an

alumnus who has had adistinguished legalcareer and who has

brought honor to TheUniversity of Texas

School of Law throughhis or her service to thelegal profession and to

society. With thisaward, the Law AlumniAssociation recognizes

that alumnus who epito-mizes the highest goals

and traditions of theprofession: diligence,

discernment, integrity,and a commitment to the betterment of

our civic life.

DISTINGUISHEDALUMNUS

AWARD FORCOMMUNITY

SERVICEEstablished by the

Alumni Association in1988, this award

honors a graduate whobrings conspicuous

credit to the legal pro-fession by exemplary

service. The award rec-ognizes superior educa-

tors, outstandinglawyers in governmentservice, or those whohave had a significantrole as a community

volunteer.

OUTSTANDINGALUMNUSAWARD

This award honors agraduate who has madeoutstanding contribu-tions not only to the

legal profession but tosociety as a whole.

Please select only one award per form:( F E E L F R E E T O C O P Y T H I S F O R M F O R A D D I T I O N A L N O M I N AT I O N S )

38-39_Ad_THN Opener 11/21/05 4:44 PM Page 38

T O W N E S H A L L N O T E S

A B R I L L I A N T I N T E L L E C T S I R J O H N S I M O N , K . C .

( E N G L I S H , 1 8 7 3 – 1 95 4 ) H E L D M A N Y H I G H - R A N K I N G L EG A L

A N D C A B I N E T P O STS, I N C L U D I N G S O L I C I TO R G E N E R A L ,

AT TO R N E Y G E N E R A L , FO R E I G N S EC R E TA RY, A N D H O M E

S EC R E TA RY. T H O U G H P O L I T I C S WA S H I S G R E AT I N T E R E ST,

H E I S B E ST R E M E M B E R E D A S A N A DVO C AT E A N D A

D I ST I N G U I S H E D LO R D C H A N C E L LO R . F R O M T H E E LTO N M .

HYDER JR. COLLECTION, T H I S I M AG E I S O N D I S P L AY I N

T H E TA R LTO N L AW L I B R A RY, JA M A I L C E N T E R FO R L EG A L

R E S E A R C H . COURTESY OF MICHAEL HORN, CURATOR.

Wi n t e r 2 006 U T L AW 3 9

N O T E W O R T H Y

Rex G. Baker III, ’77David J. Beck, ’65Martha S. Dickie, ’80Seth H. Kretzer, ’03Douglas LaycockHon. Harriet M. Murphy, ’69C. Kenneth Roberts, ’51Mark G. Yudof

C L A S S

N O T E S

I N

M E M O R I A M

4 0

4 46 2

38-39_Ad_THN Opener 11/21/05 4:44 PM Page 39

4 0 U T L AW Wi n t e r 2 006

W O R T H YN

OT

E

R O B E R T S , ' 5 1 , T O L E A D T H E L A W S C H O O L ' S C R U C I A L E F F O R T S T O R A I S EF U N D S F O R S C H O L A R S H I P S , S A L A R Y S U P P L E M E N T S , A N D O T H E R S U P P O R T

C.Kenneth Roberts

P HOTO G R A P H BY R O C KY K N E T E N

HE NEW PRESIDENT OF THE LAW SCHOOL

foundation is C. Kenneth Roberts,’51. His term started November 12.

Roberts has a long history of ser-vice, both in the legal community andat UT-Austin. Following service withthe U.S. Army, he joined the Exxon

Company, USA (then Humble Oil) Law Department inHouston in 1954 as an attorney in the Contract and Title

Section. His positions with Exxon USA included adminis-trative manager for the company’s Baytown, Texas, refin-ery in 1967, administrative manager of the Refining De-partment in 1968, and manager of the Public Affairs De-partment in 1969. In 1972 Roberts became executiveassistant to the president of Exxon Corporation in NewYork. In 1979 he was named general counsel of ExxonUSA in Houston, and in 1992 he became vice presidentand general counsel of Exxon Corporation in Dallas. He

retired in 1995.Roberts has served

as chairman of API’sGeneral Committee onLaw and chairman ofthe board of directorsof Landmark LegalFoundation, and hasbeen a member of theboard of the Instituteon Court Managementand the National Cen-ter for State Courts.He has served on theBoard of Visitors of theStanford and Univer-s i t y o f Te x a s L a wSchools. He is a mem-ber of the Associationof General Counseland a member of theboard of the Ameri-can Arbitration Asso-ciation. In 1993 he re-ceived the Outstand-ing Alumnus Awardfrom UT Law’s Alum-ni Association. He isalso a fellow of theAmerican and TexasBar Foundations.

T

Roberts is the tenth pres-

ident of the UT Law Foun-

dation Board of Trust-

ees. These 34 alumni and

friends direct efforts to

raise money for the school.

40-43_Noteworthy 11/21/05 4:11 PM Page 40

Wi n t e r 2 006 U T L AW 4 1

BOOK ’EMThis fall WayneSchiess published

Better Legal

Writing: 15 Topics

for Advanced Legal

Writers (William S.

Hein, 2005).

Schiess wrote the

book to help legal

writers produce

more readable,

audience-focused,

accessible prose.

Alumnus Daniel R. Castro, ’88,published Critical

Choices That Change

Lives: How Heroes

Turn Tragedy Into

Triumph (Beartooth

Press, 2005). The

book explores the

choices made by

everyday and famous

heroes in challeng-

ing circumstances.

Baker,Kretzer

Join WrightSociety

This year Seth H.

Kretzer, ’03 (left), of

Houston joined the

Charles Alan Wright

Society. He is one of

the youngest major

donors in the history

of UT Law. Rex G. Baker III, ’77 (below),

of Dripping Springs also joined. More

than 100 members of

the extended Baker

family have graduated

from UT. They have

given generously to

the Law School for

more than a century.

N SEPTEMBER 14,

President LarryFaulkner pre-sented Professor

Douglas Laycock with UT-Austin’s prestigious CivitatisAward for exemplary serviceto the University.

The University presents onlyone Civitatis Award in any giv-en year to recognize a facultymember for outstandingcitizenship throughout acareer. The award’s name

derives from the Latin motto that ap-pears on UT-Austin’s seal—“DisciplinaPraesidium Civitatis”—taken from thewords of Mirabeau B. Lamar, formerpresident of the Republic of Texas: “Acultivated mind is the guardian geniusof democracy.”

Laycock holds the Alice McKeanYoung Regents Chair in Law. He is con-sidered the nation’s leading authorityon the law of remedies and one of its

leading scholars on the law ofreligious liberty. At UT-Austin,

Laycock has chaired boththe Task Force on Assembly

and Expression (2001–03) andthe Consultative Committees onthe selection of the executive vicepresident and provost (1993–94)and the dean of the School ofLaw (1994–95). He was also a keymember of the Hopwood litigation

team and of the legal team re-sponding to the Michigan de-

cisions on affirmative action.

Harriet M. MurphyJ U D G E R E C E I V E S N A T I O N A L R E C O G N I T I O N

B Y N B A J U D I C I A L C O U N C I LHE HONORABLE HARRIET M. MURPHY, ’69, RECEIVED THE 2005 RAYMOND

Pace Alexander Award from the Judicial Council of the National BarAssociation (NBA) in Orlando, Florida, on August 4. The award rec-ognizes contributions to judicial advocacy and to humanity.

Dean Bill Powers, who attended the awards luncheon, said, “I can think ofno one who deserves this award more than Judge Murphy. She has been apathbreaking pioneer in the legal community.” He added, “We are proud sheis an alumna and a good friend of ourLaw School.”

For two years in the Law School,Murphy was the only African Americanenrolled. She was the first African Amer-ican woman appointed to a regularjudgeship in Texas, in 1973. She was ajudge for the City of Austin MunicipalCourt for twenty years, and during thattime she became the presiding judge.She is also the only African Americanwoman to serve as a Democratic presi-dential elector from the State of Texas.She is currently a visiting judge in theTravis County Justice Court System.

DouglasLaycockP R O F E S S O R R E C E I V E S

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Mark G.YudofIn the fall of 2005 the University of Minnesota renamed a stu-

dent residence hall the Mark G. Yudof Hall to honor a former

university president.

Yudof served as the University of Minnesota’s 14th presi-

dent before becoming chancellor of the UT System. There, he

won unprecedented support for academic priorities, historic

preservation, and new construction. To supplement legislative

support, he announced a private fundraising campaign that

brought in more than $1.6 billion for scholarships, endowed

chairs, research, and other initiatives.

ARTHA S. DICKIE,’80, HAS BEEN

chosen to be president-elect ofthe State Bar of Texas. She willbe the fifth female president ofthe Bar and the first female pres-ident from UT Law. The last two

presidents of the State Bar of Texas are also UT Law grad-uates. They are Kelly Frels, ’70 (2004–05), and EduardoRodriguez, ’68 (2005–06).

“I ran for president because I have always valuedpublic service and I firmly believe that our legal system,imperfect as it is, is the main institution that distin-guishes our state and our country,” Dickie said.

Dickie joined the firm of Akin and Almanza, L.L.P.,in January 2005, where she practices general civil andcriminal law. She worked for the firm of Minton, Bur-ton, Foster and Collins P.C. from 1982 to 2004, and forU.S. district judge Jack Roberts from 1980 to 1982. Shehas served on the State Bar Board of Directors, the TexasBoard of Legal Specialization, as a trustee of the TexasBar Foundation, and as chair of the fellows of the TexasBar Foundation.

She is married to James Rader, in-house counsel withthe Lower Colorado River Authority in Austin. They havetwo sons, Joey, 12, and Clark, 10.

MarthaS. Dickie

M

Martha Dickie is the first female State Bar president from UT Law.

40-43_Noteworthy 11/21/05 4:11 PM Page 42

Bill Barnett, ’58, has been chosen by

the National Association of Corporate

Directors (NACD) as the 2005 Director

of the Year. He was honored at a

reception in Washington, D.C., this past

October.

Charles Dyer, ’74, director of libraries

at the San Diego County Public Law

Library, was honored by the American

Association of Law Libraries for his

career as an advocate for county law

libraries. This summer he received the

Marian Gould Gallagher Award.

This fall the Texas Exes alumni associ-

ation honored Senator Rodney Ellis,’79, with its distinguished alumnus

award. Ellis serves in the Texas

Legislature as a state senator from

Houston. During his 14-year tenure in

the Texas Senate, he has passed more

than three hundred pieces of legisla-

tion. He is the chair of the Committee

on Government Organization and

serves on the Senate State Affairs,

Criminal Justice, and Infrastructure

and Development Committees.

Previously, Senator Ellis has chaired

the Senate Finance, Jurisprudence,

and Intergovernmental Relations

Committees.

The Real Estate, Probate, and Trust

Law Section of the State Bar of Texas

honored Professor Stanley Johansonwith the 2005 Distinguished Probate

Lawyer Lifetime Achievement Award.

Professor Sanford Levinson has

been invited to be a scholar-in-resi-

dence at the Rockefeller Foundation's

Bellagio Study and Conference Center

in Italy this fall. He will work on a book

titled The Iron Cage of the United

States Constitution. Recent Bellagio

visitors from UT Law include Profes-

sors Linda Mullenix and Gerald Torres.

This November, Duke R. Ligon, '69,received the 2006 Eugene Kuntz

Award for outstanding contributions

to the oil and gas industry. He is gen-

eral counsel and senior vice president

for Devon Energy Corporation, one of

the largest independent oil companies

in the country. The award, given by

the University of Oklahoma College of

Law since 1993, honors lawyers who

have made major contributions to the

field of natural resources law and pol-

icy. It is considered one of the nation's

most prestigious honors in this field.

Gene R. Nichol, '76, was appointed

president of the College of William

and Mary.

Professor RobertPeroni has been

promoted to the

James A. Elkins

Centennial Chair in

Law this year. He

joined the Texas

faculty in 2003,

and his primary

areas of teaching and scholarship are

federal income taxation, international

taxation, natural resource taxation, and

professional responsibility. He is one of

the nation’s top scholars in internation-

al taxation.

Professor Gerald Torres has been

promoted to the Bryant Smith Chair in

Law. He is the immediate past presi-

dent of the Association of American

Law Schools (AALS). A leading figure

in critical race theory, Torres is also

an expert in agricultural and environ-

mental law.

John D. White, ’72, has been elect-

ed chairman of the Texas A&M Univer-

sity System Board of Regents. White is

the managing partner in the Houston

office of the Jones Walker Law Firm.

He is a fifth-generation Texas rancher

and a second-generation Aggie.

HIGH HONORS

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DavidJ.Beck

N E W P R E S I D E N T - E L E C TO F T H E A M E R I C A N

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

HE AMERICAN COLLEGE

of Trial Lawyers (ACTL)named UT Law SchoolFoundation president

David Beck, ’65, its president-elect inOctober. He will become president atthe college’s annual meeting in Lon-don in September 2006 and willserve for a one-year term.

Founded in 1950, the ACTL fel-lows represent plaintiffs and defen-dants in all manner of civil casesand include federal and state pros-ecutors and criminal defense attor-neys. Fellowship is extended by invi-tation to experienced trial lawyerswho have mastered the art of advo-cacy and whose careers have beenmarked by the highest ethical stan-dards, professionalism, and civil-ity. Membership is limited to onepercent of the bar, and fellows musthave a minimum of 15 years ofexperience.

Morris Harrell, Leon Jaworski,and Kraft Eidman, ’35, are the onlyother Texans to have led the groupsince its founding in 1950. Mr. Beckworked with both Eidman and Jawor-ski during his time at the law firmof Fulbright & Jaworski L.L.P.

Mr. Beck cofounded the BeckRedden & Secrest L.L.P. law firm inHouston, Texas. He served as pres-ident of the State Bar of Texas in1995–96. Among his many honors,he recently received the Anti-Defa-mation League’s 2005 Jurispru-dence Award.

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1 9 4 1N. Alex Bickley, former Dallas cityattorney, was appointed general counselof Hilton Head Properties.

1 9 4 8Ed Vickery, a partner with Royston,Rayzor, Vickery, and Williams in Houston,

was honored by the Austin PresbyterianTheological Seminary when he endoweda chair in his wife’s name.

1 9 5 1Beverly Tarpley was profiled in theAbilene Reporter-News on July 31, 2005,regarding her impressive legal career,especially her work to shape laws on freespeech and liquor sales in Abilene.

1 9 5 4

Maston C. Courtney, with Courtney,Countiss, Brian & Bailey, received theChief Justice Charles L. Reynolds Life-time Achievement Award. The award isgiven to a lawyer or judge with a distin-guished legal career who also made asubstantial contribution to the communi-ty, the legal profession, and the AmarilloArea Bar Association.

1 9 5 5Dan Hurley and J. Madison Sow-der, ’55, recently celebrated fifty yearsof business together at their law firm,Hurley & Sowder, in Lubbock. (See side-bar, page 45.)

1 9 5 7Sheldon Anisman, counselfor the Real Estate Section ofJackson Walker’s Fort Worthoffice and board certified in real

estate law by the Texas Board of Legal Spe-cialization, was selected by his peers as oneof Tarrant County’s Top Attorneys for 2004.

Harold E. Moore was inducted intothe National Academy of Arbitrators inOctober 2004. Moore was recognized bythe Texas Board of Legal Specializationin Labor and Employment Law as a char-ter member for thirty years of board cer-tification in February 2005.

1 9 5 8E. William “Bill” Barnett was electeddirector of the Board of Enterprise Prod-ucts. He was also chosen by the NationalAssociation of Corporate Directors (NACD)as the 2005 Director of the Year. Barnettis chairman of the board of trustees ofRice University and a lifetime member ofthe University of Texas Law School Foun-dation Board of trustees. (See Note-worthy, page 43.)

1 9 5 9Jack M. Little, of Thompson & Knight inDallas, was selected by his peers for inclu-sion in The Best Lawyers in America 2006.

1 9 6 1Gus Block, of Thompson & Knight inHouston, was selected by his peers forinclusion in The Best Lawyers in America2006.

Ben B. West, of Thompson & Knightin Dallas, was selected by his peers for

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THROUGH SEPTEMBER 2005

Have questions about the overall devel-

opment program of the Law School, includ-

ing endowed gifts and planned giving?

Nancy Brazzil

Assistant Dean for Developmentand Alumni Relations(512) 232-1129nbrazzil@mail.law.utexas.edu

Ellen Jockusch Fenton

Director of Development(512) 232-4990efenton@mail.law.utexas.edu

Want to become more involved in the

Law Alumni Association? Have ques-

tions about the Law School’s Annual

Fund, including online giving and the

Class Fundraising Competition? Need

information about an upcoming alum-

ni event, or to RSVP?

Christine Marcin

Director, Law Alumni Association(512) 232-1156cmarcin@mail.law.utexas.edu

Want to update your contact informa-

tion, including e-mail and employer?

Angela Krause

UT Law

(512) 471-7188

akrause@mail.law.utexas.edu

C L A S SN O T E S

44-57_ClassNotes 11/21/05 4:03 PM Page 44

inclusion in The Best Lawyers in America2006.

1 9 6 2George C. Chapman, ofThompson & Knight in Dallas,was selected by his peers forinclusion in The Best Lawyers

in America 2006. Chapman serves as amember of the UT Law School Founda-tion Board of Trustees.

Harry M. Reasoner was given theLifetime of Excellence in Advocacy Awardby the Texas Association of Civil Trial andAppellate Specialists. Reasoner is a life-time member of the UT Law School Foun-dation Board of Trustees.

1 9 6 3Buford P. Berry, of Thompson &Knight in Dallas, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006.

Rod Edens, Jr., joined Graves, Dough-erty, Hearon & Moody as Of Counsel.

1 9 6 4Shannon H. Ratliff, Sr., was recog-nized as a Distinguished Lawyer honoreeby the Austin Bar Foundation in January2005.

Irwin H. Steinhorn, a shareholder inthe Oklahoma City office of Conner &Winters, was listed in The Best Lawyers inAmerica 2006 (Corporate, Mergers andAcquisitions, and Securities Law).

Larry F. York was recognized as aDistinguished Lawyer honoree by theAustin Bar Foundation in January 2005.

1 9 6 5David J. Beck, partner in the Houstonlaw firm of Beck, Redden & Secrest, waspresented the 2005 Jurisprudence Awardby the Anti-Defamation League. The annu-al award is presented to legal profession-als who demonstrate a devotion to theprinciples of the U.S. Constitution, com-mitment to the democratic values of theUnited States, and dedication to fair andequal justice for all. Before the death of

U.S. Supreme Court chief justice WilliamRehnquist, Beck was appointed to theprestigious Judicial Conference StandingCommittee on Rules of Practice and Pro-cedure. (See Noteworthy, page 43.)

John Pike Powers, of Fulbright & Ja-worski, was honored by the Austin Tech-nology Incubator with its Laura KilcreseCommunity Business Leadership Award.

Larry L. Schoenbrun, ofGardere Wynne Sewell, washonored by D Magazine as oneof "The Best Lawyers in Dal-

las" in May 2005 in corporate finance/M&A.

William A. Thau, former shareholderat Jenkens & Gilchrist in Dallas, recentlypublished his first novel, Non-Recourse.

1 9 6 6Linton E. Barbee retired as partner ofFulbright & Jaworski in Dallas in May2005 and is now engaged in solo practice.

Jay J. Madrid, of WinsteadSechrest & Minick, was electedto the firm’s executive commit-tee. Madrid is also chair of the

firm’s litigation/dispute resolution practice.

Harry L. Tindall received the Tom Gar-ner Award in recognition of distinguishedservice to the Texas Board of Legal Spe-cialization and for thirty years of boardcertification in family law. Tindall is ashareholder in the Houston office of Tin-dall & Foster.

William J. Wade, partner for Cren-shaw, Dupree & Milam, in Lubbock,Texas, became a fellow of the AmericanCollege of Trial Lawyers in spring 2005.

1 9 6 7Charles C. Foster, manager of theImmigration Section in the Houston officeof Tindall & Foster, was recently recog-nized with three honors. He was awardedthe Royal Decoration of the Knight Com-mander (Second Class) of the Most NobleOrder of the Crown of Thailand; as co-chairof the Houston Monument Committee, hespoke at the December 2004 dedicationof the George Bush (41st) Presidential Mon-

ument in downtown Houston; and he wasalso reelected chairman of the board ofthe Asia Society Texas.

J. Clifford Gunter III, a partner in theHouston office of Bracewell & Giuliani,was ranked #2 in the area of “Energy:Litigation in Texas” by the 2005 Cham-bers USA: America’s Leading Lawyers forBusiness directory.

John Radcliffe “J.R.” Hurd, presi-dent of HurdCo and general partner in the

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&Q ADAN HURLEY and J. MADISONSOWDER recently celebrated fiftyyears of business together at their lawfirm, Hurley & Sowder, in Lubbock.

UTLAW: How did you meet?

SOWDER: In the spring of 1945 we were fortu-nate to be members of a basketball team thatwon third place at state finals. He was a goodplayer. I was not good.

UTLAW: What do you like most about yourlaw partner?

HURLEY: He has a very good knowledge ofthe law and a practical approach to the lawpractice.

SOWDER: 1. His quick wit and sense of humor.2. Integrity.

UTLAW: What do you like least?

HURLEY: I really can’t find much fault with him.

SOWDER: His organized desk.

UTLAW: What is your advice for younglawyers?

HURLEY: Pick out what part of the law practiceyou enjoy and try to specialize in that particulararea. You need to be proficient in what you do.

SOWDER: Always keep your word. Your repu-tation for honesty will be your key asset.

Q&A interviews by Jodi Bart

C L A S S1 9 5 5N O T E S

“BIG” DAN HURLEY AND MADISON “SQUARE” SOWDER.

44-57_ClassNotes 11/28/05 10:58 AM Page 45

oil and gas company of Hurd Enterprises,was named to the board of trustees ofTrinity University in San Antonio.

David R. McAtee, a partnerin the Dallas office of AkinGump Strauss Hauer & Feld,was appointed by Texas State

Bar president-elect Eduardo Rodriguezto a three-year term with the Texas BarFoundation Board of Trustees. He beganhis term in June 2005.

1 9 6 8Byron F. Egan, a partner inthe Dallas office of JacksonWalker, was recognized inThe Best Lawyers in America

2006 for his work in both mergers andacquisitions and securities law. He wasalso recognized as a top corporate law-yer by D Magazine.

John S. Hollyfield, of Ful-bright & Jaworski, received theReal Estate Lawyer LifetimeAchievement Award for 2005

from the Real Property, Probate and TrustLaw Section of the State Bar of Texas.

Albert B. Kimball, Jr., of the Houstonoffice of Bracewell & Giuliani, was ranked#2 in the area of “Intellectual Propertyin Texas” by the 2005 Chambers USA:America’s Leading Lawyers for Businessdirectory.

Larry Langley joined Jackson Walkerin the Austin office as a partner in theBusiness Transactions Section. Langley’spractice focuses on general corporate,real estate, and business law. He alsorepresents clients in regard to healthcare matters.

Claud L. “Tex” McIver,senior partner of Fisher andPhillips, was appointed to theGeorgia Judicial Nominating

Commission by Governor Sonny Perdue inFebruary 2005. McIver was also unani-mously appointed as the senate’s repre-sentative to the State Election Board inApril 2005. He is the immediate past chairof the Labor and Employment Law Sectionof the Atlanta Bar Association, and wasselected by Atlanta Lawyer magazine asone of Atlanta’s “Top Legal Minds.”

Frederic T. Spindel joined BuckleyKolar in Washington, D.C., as a partnerspecializing in corporate and securitiestransactions and regulation.

Charles H. “Hank” Still, of Fulbright& Jaworski, was named a “Client ServiceAll-Star MVP” by BTI Consulting. He isthe author of A Handbook of CorporateGovernance: All the Issues in One Place,a book that Fulbright publishes.

Douglas J. Whaley retired from theOhio State University Mortiz College ofLaw after 35 years of teaching contractsand commercial law.

1 9 6 9Bennett W. Cervin, of Thompson &Knight in Dallas, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006.

W. Robert Dyer, Jr., of Gardere WynneSewell, was honored by D Magazine asone of “The Best Lawyers in Dallas” incommercial real estate.

R. Joe Hull, of the Houston office ofBracewell & Giuliani, was ranked #4 inthe area of “Tax Law in Texas” by the2005 Chambers USA: America’s LeadingLawyers for Business directory.

John Mackintosh, of Thompson &Knight in Dallas, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006.

T. Michael Wilson, managing partnerof Jackson Walker, was named the 2005recipient of the Justinian Award for Com-munity Service. This award is given bythe Dallas Lawyers Auxiliary to an out-standing attorney who has shown dedi-cation to volunteer service benefitingthe community through civic, education-al, health, welfare, religious, and philan-thropic endeavors. Wilson serves on theboard of the Dallas Citizens Council, chairsthe board of directors of BioDFW, andalso serves on the board of the GreaterDallas Chamber.

1 9 7 0J. Philip Ferguson was named chiefinvestment officer at AIM Investments.

Ferguson will have overall responsibilityfor all of AIM’s long-term investment oper-ations. He serves as a member of theboard of governors of the InvestmentCounsel Association of America and on theboard of directors for the University ofTexas Investment Management Company.

L. Kelly Frels, a seniorpartner in the Houston officeof Bracewell & Giuliani, wasrecognized in March 2005 by

the Region IV Superintendents for ser-vice to education through the law. He isknown for developing the legal stan-dards for the Houston Magnet SchoolProgram, which became a national model,and for pioneering the development ofschool law as a specialty. He is the imme-diate past president of the State Bar ofTexas, is a Keeton Fellow and a memberof the Dean’s Round Table, and serves asa member of the executive committee ofthe Chancellor’s Council at The Univer-sity of Texas.

Thomas D. Manford III, of the Hous-ton office of Bracewell & Giuliani, wasranked #3 in the area of “Communica-tions in Texas” and #3 in the area of“Technology: Corporate and Commercialin Texas” by the 2005 Chambers USA:America’s Leading Lawyers for Businessdirectory.

Samuel A. Simon, of Issue Dynamics,was reelected as chair of the board of theNational Consumers League, the oldestconsumer organization in the UnitedStates.

William O. Whitehurst, Jr.,was inducted as a fellow ofthe American College of TrialLawyers in April 2005. White-

hurst is a partner in the firm of White-hurst, Harkness, Ozmun & Brees. Hechairs the American Bar Association’sStanding Committee on Legal Aid andIndigent Defendants and is also a fel-low of the International Academy ofTrial Lawyers. In January 2005 White-hurst was honored by the Austin BarAssociation with the Distinguished Law-yer Award in recognition of Travis Countylawyers who have practiced law for thir-ty years or more and have significantlycontributed to the profession and thecommunity.

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1 9 7 1Thomas R. Kelsey, formerly of LockeLiddell & Sapp, opened his own law officein Houston in July 2005.

James Russell Leahy, of Thompson& Knight in Houston, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006.

Phillip M. Renfro was appointed to theboard of directors of Enzon Pharmaceuti-cals. Renfro runs the corporate, busi-ness, and banking practice of Fulbright& Jaworski’s San Antonio office.

Jim Turner, representative for the TexasSecond Congressional District in the U.S.House of Representatives from 1997 until2005, joined Arnold & Porter as a partnerin the Washington, D.C., office. He prac-tices in the Public Policy and GovernmentContracts Section.

1 9 7 2John D. White was electedchairman of the Texas A&MUniversity System Board ofRegents. White is the manag-

ing partner in the Houston office of JonesWalker and is board certified in civil triallaw. He was appointed to the A&M Sys-tem Board by Texas governor Rick Perryin 2003 and was elected chairman by theboard’s nine-member governing board inMay 2005. White’s term expires in Feb-ruary 2009.

1 9 7 3Steven A. Buxbaum, a partner in theHouston office of Haynes and Boone,struck a 180-yard hole in one during agolf tournament benefiting the Muscu-lar Dystrophy Association in November2004. He won a Corvette valued at$60,000.

Robert M. Cohan, a part-ner in the Litigation Sectionand chair of the AntitrustGroup in the Dallas office of

Jackson Walker, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006 for his achievements inantitrust, business litigation, and envi-ronmental law.

David W. Hilgers, a partner in the Austinoffice of Brown McCarroll, was honored asone of ten attorneys nationally to receiveNightingale’s Healthcare News’ Outstand-ing Physician Practice Lawyers for 2004.Hilgers’ primary focus is on health care,corporate, and administrative law.

Ernest C. Jett was appointed seniorvice president, general counsel, and sec-retary of Leggett & Platt. In 2004 Jett,the longtime head of Leggett & Platt’s LegalDepartment, celebrated 25 years with thecompany.

John M. Nolan, a shareholder and mem-ber of the real estate practice in the Dallasoffice of Winstead Sechrest & Minick, wasreelected to the firm’s executive commit-tee. Nolan has served on the firm’s execu-tive committee for the past three years.

1 9 7 4G. Luke Ashley, of Thompson & Knight inDallas, was selected by his peers for inclu-sion in The Best Lawyers in America 2006.

Charles R. Dyer received the Ameri-can Association of Law Libraries (AALL)2005 Marian Gould Gallagher Distin-guished Service Award. He is the directorof libraries at San Diego County PublicLaw Library.

Richard Meyer was honored as a co-founder of Preservation Texas on the 20thanniversary of its founding. PreservationTexas is a network of statewide organiza-tions and individuals that seek to preservehistoric, cultural, and natural resources andis the Texas affiliate of the National Trustfor Historic Preservation, Washington, D.C.

1 9 7 5Scott J. Atlas, a partner with Vinson& Elkins in Houston, was recently ap-pointed by Governor Rick Perry as an exofficio member of the newly formedCriminal Justice Advisory Council. Thecouncil is charged with studying and rec-ommending changes in legal proceduresneeded to keep pace with advances inforensic science, major developing legalissues that could affect Texas’ criminaljustice system, and changes in law thatmay be necessary to better protect therights of both victims and the accused.

Jeff Civins was named the AustinBusiness Journal ’s best environmentalattorney.

Jeremiah J. Jewett III joined GiantCement Holding as vice president, gen-eral counsel, and secretary.

Michael A. “Mike” Mc-Connell, a shareholder inWinstead Sechrest & Minick’sBusiness Restructuring /Bank-

ruptcy and Litigation Practice Groups,was inducted into the honorary DFW Ser-jeants Inn of Court for 2005. McConnellhas been recognized in The Best Lawyersin America for the past 16 consecutiveyears, and has been selected for Cham-bers USA’s America’s Leading BusinessLawyers annual listing since 2003.

Steven A. Waters, a part-ner in the Real Estate PracticeGroup at Haynes and Boone,was named winner of the 2005

Philip M. Barshop Founder’s Award, rec-ognizing excellence and leadership in thereal estate industry.

1 9 7 6Linda L. Addison, of Ful-bright & Jaworski, presenteda paper in March 2005 atthe spring session of the Ox-

ford Round Table at Lincoln College, theUniversity of Oxford, in Oxford, Eng-land, which focused on women’s rightsand gender equity in the U.S. work-place. Addison is a member of theexecutive committee of Fulbright & Ja-worski, serves as the firm’s technologypartner and is involved in the firm’sCommittee on Recruitment and Reten-tion of Women and Minorities and itsWomen’s Initiative Network. She is alsoa member of the UT Law School Foun-dation Board of Trustees.

Judge Ken Anderson’s revised Crimein Texas: Your Complete Guide to theCriminal Justice System was publishedin April 2005 by the University of TexasPress.

Daniel G. Fish, a partner at FreedmanFish & Grimaldi, was elected chair of theNew York State Bar Association’s 2,900-member Elder Law Section. His prac-

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tice concentrates in the areas of elderlaw, estate planning, guardianship, andtrust law.

Brandon Janes joined Jack-son Walker ’s Austin officeas a partner in the BusinessTransactions Section. His

practice focuses on corporate gover-nance, capital transactions, and mergersand acquisitions.

James C. Morriss III, of Thompson& Knight in Austin, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006.

Gene R. Nichol was appointed presi-dent of the College of William & Mary.

1 9 7 7Nancy J. Appleby, of the Washington,D.C., office of Bracewell & Giuliani, wasranked #1 in New Mexico for her exper-tise in Native American law for the secondconsecutive year by the 2005 ChambersUSA: America’s Leading Lawyers for Busi-ness directory.

Mark C. Evans, a partner in the Houstonoffice of Bracewell & Giuliani, was ranked#2 in “Banking and Finance in Texas” and#4 in the area of “Projects in Texas” by the2005 Chambers USA: America’s LeadingLawyers for Business directory.

Reid L. Phillips, partnerwith Brooks, Pierce, McLen-don, Humphrey & Leonard,was honored by the Greensboro

Bar Association with the 2004 CentennialAward, which recognizes lawyers for “Out-standing and Exemplary Community Ser-vice.” Phillips currently serves as chair ofthe Community Resource Board and aschair-elect of the Greensboro Metro YMCA,and he is past president of the GreensboroCommunity Swim Association and the GreenHill Center for North Carolina Art.

1 9 7 8Donald L. Gaffney, part-ner with Snell & Wilmer ofPhoenix, Arizona, was select-ed for a three-year term as a

lawyer representative with the NinthCircuit of the United States District Courtin May 2005.

Robert Jackson, of Thompson & Knightin Dallas, was selected by his peers forinclusion in The Best Lawyers in America2006.

Donald R. Joseph, Jr., was appointedas senior vice president, general counsel,and secretary to Abgenix, a biopharma-ceutical company focused on develop-ment of antibody therapeutics. Beforejoining Abgenix, he was the cofounder ofAlekta Pharmaceuticals, a specialty phar-maceutical consulting group and devel-opment company.

Michael P. Pearson, apartner in the Business Trans-actions Section and co-chair-man of the Energy Practice

Group in Jackson Walker, Houston office,was selected by his peers for inclu-sion in The Best Lawyers in America2006 for his achievements in naturalresources law.

Evan Pierce-Jones was reappointed tothe board of directors of MHMR Servicesfor the Concho Valley in Texas. He servesas vice president of the board of directorsof Meet in the Middle, San Angelo’s childvisitation and exchange center. Pierce-Jones recently completed his first year asa director of the Concho Valley CriminalDefense Lawyers Association.

Yvonne K. Puig, of Fulbright& Jaworski, was selected asa 2004 Outstanding Health-care Litigator by Nightingale’s

Healthcare News. Puig is one of only 12lawyers to make this national list, and theonly lawyer selected from Texas. Puig isthe chair of the Health Law Section of theState Bar of Texas and has served as acouncil member of the Health Law Sectionsince 1994.

Timothy M. “Tim” Sulak was ap-pointed by the Austin City Council to itsEthics Review Commission. He is with theAustin firm of Morris, Craven & Sulak.

1 9 7 9 Edward T. Cotham, Jr., is the presidentof the Terry Foundation, a nonprofit organi-zation that provides scholarships to Texascollege students. Cotham’s second book,Sabine Pass: The Confederacy’s Thermop-ylae, was published in October 2004.

Joan E. Dubinsky was appointedethics officer of the International Mon-etary Fund, located in Washington, D.C.She was previously with the RosentreterGroup, a management consulting prac-tice that she founded and led, which pro-vides expertise in business ethics, organi-zational development, corporate compli-ance, and human resources.

The Honorable Vonciel Jones Hillretired from the City of Dallas MunicipalCourt Judiciary and started a privatepractice.

Ron Kirk, former mayor of the City ofDallas and former Texas secretary of state,joined the law firm of Vinson & Elkins aspartner. He will be part of the firm’s PublicPolicy and Finance Section. Kirk is also amember of the UT Law School FoundationBoard of Trustees.

Geofrey L. Master was elected part-ner in the Washington, D.C., office of May-er, Brown, Rowe & Maw. Master practicesin the area of corporate law.

John H. Rooney, Jr., joined Shutts andBowen, where he will practice in the in-surance and reinsurance law and inter-national arbitration areas.

1 9 8 0Mary M. Bearden joined Brown &Fortunato of Houston. Bearden has been

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listed in Best Lawyers in America for thelast ten years.

Thomas I. Davies joined theAustin law firm of Stahl, Bernal& Davies as a partner. He willfocus his practice in the firm’s

Commercial Real Estate and BusinessTransactions Sections.

Martha S. Dickie was chosen presi-dent-elect of the State Bar of Texas. Sheis Of Counsel to the Austin office of Akin& Almanza. Dickie will serve a one-yearterm as president-elect before assumingthe presidency in June 2006. (See Note-worthy, page 42.)

Colene Gaston, of Gaston Law Office inFayetteville, Arkansas, was named 2004–05 chair of the Arkansas Bar AssociationEnvironmental Law Section.

H. Hollis Horton III, of Beaumont, wasappointed by Governor Rick Perry as jus-tice of the Ninth Court of Appeals Districtpursuant to House Bill 2261, passed in the78th regular session. Horton will serve untilthe next general election, when he can optto run for a full term. He is an attorney andsenior partner with Orgain, Bell & Tucker.

Kenneth R. Ramirez, of the Austin of-fice of Bracewell & Giuliani, was ranked#2 in the area of Environment in Texas bythe 2005 Chambers USA: America’s Lead-ing Lawyers for Business directory.

Clark G. Thompson, Jr., a partner inthe Houston office of Bracewell & Giuli-ani, was ranked #3 in the area of RealEstate in Texas by the 2005 ChambersUSA: America’s Leading Lawyers for Busi-ness directory.

1 9 8 2James W. Cannon, Jr., became part-ner in charge of the Austin office of BakerBotts in April 2005.

Jan Soifer joined the law firm of Del-gado, Acosta, Braden & Jones as share-holder in the Austin office. Soifer has hadan active statewide civil litigation prac-tice based in Austin for more than 22years, including as a partner in the Austinoffice of Locke Liddell & Sapp, chief of theCharitable Trusts Section of the Office of

the Attorney General, and deputy chief ofthe Consumer Protection Division.

Marc R. Stanley is servingas the 2005 president-elect ofthe Texas Trial Lawyers Asso-ciation. Stanley, a principal in

the Dallas law firm of Stanley, Mandel &Iola, is a board-certified civil trial lawyerwho focuses his practice on class-actionand complex business torts.

1 9 8 3Demetrio Duarte, Jr., was namedone of the “Best Lawyers in San Antonio”by his peers. The honor was reported in“San Antonio’s Scene” in SA magazine.

Robert A. Estrada waselected by the Federal Re-serve Bank of Dallas’ memberbanks to the board of direc-

tors in May 2005. He will serve a three-year term, through December 2007.Estrada is chairman, president, and chiefexecutive officer of Estrada Hinojosa andCompany, a Dallas-based investmentbanking firm he founded in 1990. He serveson the UT System Board of Regents, andis an executive committee member of theGreater Dallas Chamber of Commerceboard of directors.

Cary K. Hyden, a corporate partner atLatham & Watkins’ Orange County, Cali-fornia, office was named to the BTI 2005Client Service All Star Team for Law Firms.A group of 114 lawyers from across thecountry were named in the annual listing,which recognizes lawyers who consis-tently deliver “superior client service.”

Charles L. Lewis became a registerednurse in January 2005 and works at theRound Rock Medical Center.

Michelle D. Monse was named execu-tive director of the Carl B. and Florence E.King Foundation in February 2005. She isin charge of the foundation’s grant-mak-ing program and maintaining close rela-tionships with the nonprofit and philan-thropic community.

Phillip A. Pillar joined Reed Smith ascounsel in the Regulatory Litigation Groupin Philadelphia. Pillar was formerly Di-rector of the Tax Controversy and Risk

Management Services practice of Ernst& Young in the Mid-Atlantic Area.

1 9 8 4Alan D. Albright joined Fish & Richard-son as the managing principal of the firm’snew Austin office as of January 2005.Albright’s practice emphasizes intellec-tual property and complex commerciallitigation, with expertise in various tech-nology areas, including semiconductors.

Daniel L. Butcher was elected as firm-wide managing partner of Strasburger &Price. Butcher counsels clients on taxmatters, particularly in the areas of stateand local taxation, federal income taxa-tion, tax-exempt organizations, and inter-national tax.

Alfred M. Meyerson, of Thompson &Knight in Houston, was selected by hispeers for inclusion in The Best Lawyers inAmerica 2006.

H. Michael Sokolow was presentedwith the Outstanding Assistant FederalDefender award in June 2005 by theNational Association of Federal Defenders.Sokolow was one of three assistant federaldefenders nationwide selected for thisyear’s award. He is an assistant federalpublic defender in the Southern District ofTexas and serves as senior supervisor andhead of the Appellate Section.

1 9 8 5Eric A. Groten, a partner in the Austinoffice of Bracewell & Giuliani, was ranked#4 in the area of environment in Texas bythe 2005 Chambers USA: America’s Lead-ing Lawyers for Business directory.

Ronald Mann, a UT Law professor, wasfeatured on July 21, 2005, in the AustinAmerican-Statesman with regard to hisrecollections of working with U.S. Su-preme Court chief justice John Robertsat the U.S. Department of Justice. Mannworked on cases for John Roberts at theU.S. Department of Justice for two yearsduring the early 1990s.

Brenda N. Phillips joinedBass, Berry & Sims as staffattorney. Her practice focuseson complex business and com-

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mercial litigation. Phillips is also an instruc-tor at Vanderbilt University Law School.

Thomas Delano “Del” Williams wasnamed vice president and secretary ofPerot Systems in September 2004. Healso serves as general counsel for thecompany and leads the legal and internalaudit groups. Williams is president of theLaw School’s Alumni Association Exec-utive Committee.

1 9 8 6William S. Dahlstrom, ofJackson Walker, was honoredby D Magazine as one of “TheBest Lawyers in Dallas” in

May 2005.

Jorge L. Freeland was recognized byFlorida Trend magazine as one of Florida’s“Legal Elite,” practicing in the fields ofmergers and acquisitions and securities.

William H. Hornberger, ofJackson Walker, was selectedby his peers for inclusion inThe Best Lawyers in America

2006 for his achievements in tax law. InJanuary 2005 Hornberger was asked toserve on the advisory board of the DallasHolocaust Museum.

Brian C. Newby was named generalcounsel for the Office of the Governor ofTexas. Newby is a partner at Cantey &Hanger, where he specializes in commer-cial litigation, regulatory, employment,and business law. He has served on theTexas Tech University Board of Regentssince 1999 and has been vice chairman ofthe board since 2003.

David L. Phillips was named to the2006–07 edition of the National Reg-ister ’s Who’s Who in Executives andProfessionals.

Jay A. Zweig, shareholderwith Gallagher & Kennedy inPhoenix, Arizona, was elect-ed president of the Maricopa

County Bar Association in February 2005.Zweig is also a member of the State Barof Arizona and was named by BusinessJournal-Phoenix as “one of the Best ofthe Bar for employment litigation” repre-senting employers.

1 9 8 7Patricia Alvarez, a partnerin Alvarez, Notzon & Gutierrezin Laredo, was appointed to theTexas Bar Foundation Board of

Trustees by President-elect Eduardo Rod-riguez for a three-year term, beginning inJune 2005.

Jonathan P. Graham was appointedvice president of litigation and legal poli-cy for General Electric Company.

Paul J. Harding was pro-moted to vice president ofhuman resources for SolvayAmerica’s Houston office in

March 2005.

Jack B. Hicks, a lawyer in the Intel-lectual Property Practice Group atWomble Carlyle Sandridge & Rice, wasnamed one of The Best Lawyers in Amer-ica for 2004.

Kristan L. Peters joinedFulbright & Jaworski’s NewYork office as a partner.

Kip Poe joined Stewart & Stimmel as anassociate.

Lisa Schafroth Sooter,née Dean, joined the healthcare law firm of Stewart &Stimmel as a partner in their

Dallas office. Sooter’s practice combinesher experience in business transactionswith expertise in the health care industry.

Jennifer Jackson Spencerjoined Fulbright & Jaworskias a partner in i ts Dal lasoffice. Her practice includes

complex commercial cases, class actions,banking litigation, real estate litigation,and product liability litigation, includingpharmaceuticals and medical devices.Previously, Spencer was with LockeLiddell & Sapp.

1 9 8 8Geoffrey S. Connor was named OfCounsel to Jackson Walker in its Austinoffice. Before this appointment, Connorwas the Texas secretary of state, a posi-

tion in which he developed expertise ininternational business and foreign affairs.

Mark Freeze joined Steptoe & Johnsonas special counsel in the firm’s Phoenixoffice. Freeze was previously with Be-shears Wallwork Bellamy Chartered.

Lowell A. Keig has becomegeneral counsel of Youth andFamily Centered Services, aten-state health, education,

and life skills provider focusing on trou-bled youth.

Leon A. Polott, founder and presidentof 5iTech, a Cleveland-based technologycommercialization firm, was appointed tothe U.S.-Russia Innovation Council onHigh Technologies by the U.S. Departmentof Commerce.

Jay K. Rutherford, a part-ner of Jackson Walker in thefirm’s Fort Worth office, wasselected by his peers as one of

Tarrant County’s Top Attorneys for 2004in the Labor and Employment (Employer)Section.

Kent Royce Smith, a partner of Jack-son Walker in the firm’s Fort Worth office,was selected by his peers as one of TarrantCounty’s Top Attorneys for 2004 in the La-bor and Employment (Employer) Section.

C. Elizabeth Wagner joined theNational Association of Bond Lawyersas director of governmental affairs inApril 2005.

1 9 8 9Micaela Alvarez was appointed dis-trict judge in the Laredo Division for theSouthern District of Texas.

Michael L. Barrera was named presi-dent and chief executive officer of theUnited States Hispanic Chamber of Com-merce. Barrera is currently the nationalombudsman for the United States SmallBusiness Administration, a position towhich he was appointed by PresidentBush in 2001. Previously, he cofoundedtwo law firms in Kansas City focusing ongeneral civil litigation, small businessstart-ups, workers’ compensation, crimi-nal defense, and personal injury.

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Sheri Lynn Deterling and her hus-band, Geoff Hawkes, announce the birthof their first child, Brian Leslie Hawkes,on July 16, 2004.

David C. Frederick, a lawyer withRose & Rose, was named one of the topcivil rights lawyers in the Washington,D.C., area by Washingtonian magazine inDecember 2004.

Patrick Keel, former districtjudge, has opened his own lawpractice, focusing on media-tion and arbitration.

Daniel W. Martin was appointed pro-fessor and law library director for LoyolaLaw School in April 2005.

Jonathan E. Retsky, of Brinks HoferGilson & Lione, rejoined the firm as ashareholder in the Chicago office. Retskyis a patent attorney with experience in lit-igation and patent preparation and pros-ecution. He has served as an adjunct pro-fessor in contemporary technology andintellectual property law at the JohnMarshall Law School since 1995.

John B. Strasburger was appointedmanaging partner of the Houston officeof the international law firm Weil, Gotshal& Manges. His law practice includes com-plex commercial litigation, product liabili-ty and mass tort litigation, and bankrupt-cy litigation.

David M. “Dave” Wachtel, a lawyerwith Rose & Rose, was named one of thetop civil rights lawyers in the Washington,D.C., area by Washingtonian magazine inDecember 2004.

1 9 9 0Mark R. Heilbrun joined Jenner &Block in Washington, D.C., as a partner. Hepreviously served as deputy staff directorand general counsel for the United StatesSenate Committee on the Judiciary.

Edmund A. Normand was selected byFlorida Trend magazine as a Florida LegalElite. Normand is in his 14th year of prac-tice with the firm Wooten, Honeywell,Kimbrough, Gibson, Doherty & Normandin Orlando, Florida. His practice focuseson plaintiffs’ personal injury with a spe-

cial emphasis on medical malpractice andproduct liability.

Robert G. Stephens, of the Houstonoffice of Bracewell & Giuliani, was notedas an “Up and Coming” attorney in thearea of “Energy and Natural Resourcesin Texas” by the 2005 Chambers USA:America’s Leading Lawyers for Businessdirectory.

1 9 9 1Albert Betts was named commissionerof the Division of Workers’ Compensationat the Texas Department of Insurance byGovernor Rick Perry in September 2005,for a term to expire in February 2007. Bettswill lead the division as it implements theHouse Bill 7 workers’ compensation reform.

Laura Lee Prather, néeStapleton, a partner with Jack-son Walker in the Litigation,Appellate, and Intellectual

Property Sections and a member of theMedia, Technology, and Entertainment andSports Law Practice Groups of the firm’sAustin office, was honored by the AustinBusiness Journal as a 2004 Rising Star.Prather also received the Texas Associ-ation of Broadcasters’ Special President’sAward for her exemplary service to TexasBroadcasters and all Texans in protectingopen government and advocating a shieldlaw to protect reporters’ confidentialsources.

Susan Sample joined Ful-bright & Jaworski in Houstonas counsel. Before joiningFulbright, Sample worked for

Deloitte Tax. She focuses her practice ontax controversy matters and has exten-sive experience representing corpora-tions, partnerships, high-wealth individu-als, and estates before the IRS in exami-nation, appeals, penalty, and collectionsproceedings.

1 9 9 2Benton J. Barton and Michelle Blouin-Barton announce the birth of theirdaughter, Elise Claire, on September 8,2004. Elise joins her two-year-old broth-er, Jack, at home in Castle Rock, Colo-rado. Barton was recently elected partnerin the Denver office of Hall & Evans,

where he practices as a civil trial lawyer.

Michael L. Calhoon was named part-ner of the Washington, D.C., office of BakerBotts. His practice focuses on commerciallitigation and international arbitration.

Rachel Giesber Clingman, a partnerwith Fulbright & Jaworski, where shepractices litigation law, was listed by HTexas Magazine as an up-and-cominglawyer in the Houston legal communityfor 2004.

Donna García Davidson willbecome the new general coun-sel to the Republican Party ofTexas. Davidson is Of Counsel

to the Austin law firm of Potts & Reilly.

Neil E. Giles was elected as a partnerwith Bracewell & Giuliani. Giles handlescivil and commercial litigation cases withemphasis on energy, finance, and envi-ronmental law.

Edward C. Lewis, a partner with Ful-bright & Jaworski, where he practicesenvironmental law, was listed by H TexasMagazine as an up-and-coming lawyer inthe Houston legal community for 2004.

William R. “Will” Marlow was elect-e d a s a p a r t n e r w i t h B r a c e w e l l &Giuliani. With a concentration on theenergy sector, Marlow counsels corpo-rate clients in project finance, lending,and real estate.

Katherine T. Mize joined Legge,Farrow, Kimmitt, McGrath & Brown as apartner and codirector of its labor andemployment practice.

Lieutenant Colonel Daniel A. Ricewas appointed to the staff and faculty ofthe United States Military Academy asassistant professor, Department of Law.

Clay Sell was appointed by U.S. energysecretary Samuel W. Bodman as deputysecretary of a group of upper-level ap-pointees whose job is to oversee day-to-day operations of a newly passed energybill. Sell also serves as chief operatingofficer with responsibility for policy andprogram oversight. Before taking office inMarch 2005, Sell worked as a specialassistant to President Bush for legislative

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affairs. He also was a special assistant toPresident Bush for economic policy.

1 9 9 3Sharla J. Fuller, née Neill,was named partner in theDallas office of Koons, Fuller,Vanden Eykel & Robertson.

Fuller is board certified in family law. Sheand her husband, Kevin, have two sons.

1 9 9 4Rebecca A. Beynon was elected part-ner of Kellogg, Huber, Hansen, Todd,Evans & Figel. She practices telecommu-nications litigation.

Andrew G. DiNovo waselected as a shareholder toJenkens & Gilchrist’s board ofdirectors in April 2005. Di-

Novo’s practice focuses on litigation ofcomplex patent, trade secret, and otherintellectual property cases.

Ricardo Garcia-Morenowas elected a shareholder withWinstead Sechrest & Minick.Garcia-Moreno’s practice is in

corporate/securities/mergers and ac-quisitions, and sports business and pub-lic venues.

Jennifer C. Hayes, née Frasier, and her

husband, Chris, are proud to announcethe birth of their third child, Liam PatrickHayes, on February 3, 2004, in WalnutCreek, California. Their other children areEmma Grace, who is three years old, andSean Connors, who is two. Hayes is thepermanent law clerk to bankruptcy judgeThomas E. Carlson in San Francisco.

Kristin M. Jenkins, JPSHealth Network vice presidentfor administrative services andchief corporate officer, was pro-

moted to administrator for the develop-ment and daily operations of the short-stay hospital that JPS recently purchasedin Arlington, Texas. She is the presidentof the Tarrant County Young Lawyers andthe North Texas Region Health CareCompliance Association, is on the advi-sory board of the Bureau of NationalAffairs Health Care Program ComplianceGuide, and is a contributing author tothe Journal of Healthcare Compliance.This year she was named one of FortWorth’s “Top 40 Under 40” by the FortWorth Business Press.

Sue Ann Krenek, a partner of How-ard Rice Nemerovski Canady Falk & Rab-kin, was promoted to director in March2005.

Thomas M. Lipovski, a partner atJackson Walker in the Labor and Employ-ment Section of the firm’s Austin office,

was honored by the Austin BusinessJournal as a 2004 Rising Star.

John Padilla became a name partner atSolar & Padilla in Houston.

Dan Panetti joined Prestonwood Chris-tian Academy in Plano as its worldviewdirector.

Lori E. Ploeger joined Cooley Godwardas a partner in the firm’s litigation depart-ment. Her practice centers on appellatelitigation. She will serve as co-chair of theABA Appellate Practice Committee ProBono Subcommittee during 2005, and iscurrently co-chair of the committee’sYoung Lawyers Subcommittee.

Kevin W. Yankowsky, a partner withFulbright & Jaworski, where he practiceshealth law, was listed by H Texas Maga-zine as an up-and-coming lawyer in theHouston legal community for 2004.

1 9 9 5Scott J. Arrington joined Akin GumpStrauss Hauer & Feld as a partner inthe global projects practice in Houston,where he will focus on international in-frastructure development projects in theoil and gas, petrochemical, and powerindustries.

Philip D. Fraissinet was elected topartnership with Bracewell & Giuliani.Fraissinet concentrates on construction,eminent domain, and other business mat-ters for public and private entities. Heis an adjunct professor in the EducationLaw Department at the University ofHouston.

M. Daniel “Danny” Guerra,of Brown McCarroll, was namedpartner in the firm’s Austinoffice. Guerra advises clients

in the resolution of corporate and civil lit-igation matters in the high-tech, realestate, and health care industries.

Michael D. Hansen waspromoted to senior managingdirector of Howard FrazierBarker Elliot. Hansen, who spe-

cializes in M&A and corporate finance,joined the firm as managing directorin 2003.

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Chris and Jennifer Hayes, with children (l. to r.) Emma Grace, Liam Patrick, and Sean Connors.

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Gregory H. Kahn, former clerk forTexas Supreme Court justice RoseSpector, was named general counsel forVerizon Avenue in Herndon, Virginia.

Marnie A. McCormick was electedshareholder for the Austin office of Clark,Thomas & Winters in April 2005.

Michael L. Peck was named one of the“Top 40 Under 40” for 2005 by the FortWorth Business Press. Peck and his wifecelebrated the birth of their twins, Cateand Cash, in September 2004. They haveanother son, Cole, who is four years old.

Mae C. Quinn joined the faculty of theUniversity of Tennessee College of Law,where she will be teaching in the advo-cacy clinic as an associate professor.

Texas state representative Corbin VanArsdale (R-Tomball) was selected toparticipate in the Emerging PoliticalLeaders program through the Universityof Virginia’s Darden School of BusinessAdministration and the State LegislativeLeaders Foundation. Nominated by HouseSpeaker Tom Craddick, Van Arsdale is oneof only fifty legislators from 35 statesselected to participate.

Charles B. Walker, Jr., a senior asso-ciate with Fulbright & Jaworski whopractices intellectual property law, waslisted by H Texas Magazine as an up-and-coming lawyer in the Houston legalcommunity for 2004.

Dan Winikka was named partner ofJones Day, where he concentrates oncorporate restructuring and bankruptcy-related litigation matters. Dan and hiswife, Marla, live in Dallas with their twochildren.

1 9 9 6Christopher J. Arntzen was namedpartner in the Houston office of BakerBotts. His practice focuses on securi-ties offerings, mergers and acquisi-tions, and general corporate and secu-rities matters.

Christopher A. Artzer was appointedvice president and general counsel forTexas Petrochemicals. Artzer has spentthe last several years in financial restruc-

turing practice, adding to his broad practicein transactional and commercial matters.

R. Keith Dugger was named partnerin the health care law firm Stewart &Stimmel’s Dallas office. Dugger has beeninstrumental in the development and man-agement of the firm’s regulatory and trans-actional practice group, and he worksclosely with the firm’s clients to assist inidentifying and addressing key opera-tional issues affecting their facilities.

Alicia Wells Duleba, ofJackson Walker, was electedpartner in the firm’s Austinoffice in the Labor and Litiga-

tion Sections.

Karen E. Griffin was named partner inthe Dallas office of Baker Botts. Her prac-tice focuses on litigation, and she assistsclients in all major areas of employmentlaw and labor relations.

Jeffrey Thomas Helvey was elect-ed a partner of Sterne, Kessler, Gold-stein & Fox. He was also named direc-tor of the firm, where he specializesin the areas of RF circuit design andcommunications.

Michael Keane delivered the con-vocation speech in December 2004 atthe graduation ceremony for the U.S.Naval Postgraduate School in Monterey,California.

Ruth Kochenderfer joined Hunton &Williams as an associate in the McLean,Virginia, office. Previously she was anassociate with Shaw Pittman.

Marcus Lopez, of JacksonWalker, was elected partnerin the Business TransactionsSection of the firm’s San An-

tonio office.

Andrew D. Mendez be-came a member of the law firmStone Pigman Walther Witt-mann in January 2004, after

joining the firm as an associate in 1999.Mendez’s practice is concentrated incommercial litigation, toxic tort litiga-tion, and bankruptcy law.

David M. Rodi was named partner

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STEPHANIE TOWNSEND-ALLALA was elected president of theEl Paso Women’s Bar Association for2005–06. She focuses on elder law atTerry Hammond & Associates.

UTLAW: You were once a news anchor. Why did you switch to law?

TOWNSEND-ALLALA: I was a television newsanchor at the ABC affiliate in El Paso before Idecided to further my education. I alwaysthought lawyers and journalists had a lot in com-mon, in terms of giving voice to those in need.Both can serve as agents of social change.

UTLAW: Why did you want to return to El Paso after getting your degree?

TOWNSEND-ALLALA: I commuted between ElPaso and Austin while in law school, so Inever really left El Paso. It’s remained hometo me and my family.

UTLAW: What are the challenges facingfemale lawyers in El Paso?

TOWNSEND-ALLALA: Gender bias continuesto be a problem in society and in the legalprofession. All officers of the court shouldwork to eliminate the subtle and not so subtleforms of bias, which ultimately hurt clients.

UTLAW: What do you hope to do with theWomen’s Bar Association in El Paso?

TOWNSEND-ALLALA: Our Positive RoleModel Program is encouraging children fromat-risk schools to think about pursuing thelegal profession. I want to help kids have hopethat they can one day use the legal system tomake their world a little brighter.

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in the Houston office of Baker Botts. Hispractice focuses on litigation, arbitration,and regulatory investigations. He alsohandles coverage disputes on behalf ofboth the insurer and the insured.

Kristen Silverberg was confirmed asassistant secretary of state (internationalorganization affairs).

Veronica Vargas Stidvent wasnamed the assistant secretary for policyin the U.S. Department of Labor. Stid-vent will provide policy advice to Secre-tary of Labor Elaine Chao. She previous-ly worked in the White House as a spe-cial assistant to the president for policy.

Jeffrey D. Sul l ivan was namedpartner in the New York office of BakerBotts. His practice focuses on the liti-gation of patent, trademark, trade se-cret, unfair competition, and copyrightdisputes.

Jeffrey S. Wigder was named partnerin the Dallas office of Brown McCarroll.His practice includes real estate finance,development projects, and hospitality.

1 9 9 7Alexander Berger has become litiga-tion counsel at VeriSign, Inc., in Dulles,Virginia. Berger was formerly with the lawfirm of Howrey in Washington, D.C. Ber-ger and his wife, Amber, live in Arlington,Virginia.

La Tisha O. Chatman, anassociate with McGuireWoods,has moved from the firm’sNorfolk, Virginia, office to its

Richmond office. She practices in thefirm’s corporate services department,primarily focusing on corporate transac-tions, finance and governance matters,and federal securities law compliance andreporting.

Denise C. Hyde was the second recip-ient of the David H. Walter CommunityExcellence Award, which honors anAustin Bar member who has recentlymade a significant impact in the commu-nity and at the same time raised the pro-file of the profession.

Anthony C. Marino joined the lawdepartment of the Northwestern MutualLife Insurance Company as an assistantgeneral counsel on the Securities Invest-ment Team in April 2005.

Andrew P. Price, a senior associatewith Fulbright & Jaworski, where hepractices litigation law, was listed by HTexas Magazine as an up-and-cominglawyer in the Houston legal communityfor 2004.

1 9 9 8Brandy L. Copley joined King &Spalding’s Global Transactions Group inthe Houston office in January 2005.

Stephen Wade Nebgen openedhis own law office in Phoenix, Arizona.The Law Offices of Stephen Wade Neb-gen focuses on entertainment law andintellectual property. His practice alsoincludes bankruptcy and business re-organization, with a special emphasison the reorganization issues confront-ing entertainers and production com-panies. Nebgen also runs two theatersin Phoenix.

Royce P. Poinsett is now the generalcounsel to the Speaker of the TexasHouse of Representatives.

Justin Gazer Rice, an asso-ciate with Jackson Walker, wasinvited to become a fellow ofthe Texas Bar Foundation. Less

than one percent of the total bar mem-bership are invited to be a part of thispremier charitable organization.

Gavin R. Villareal, of the Austin officeof Baker Botts, was named president-elect of the Hispanic Bar Association ofAustin.

Scott M. Wilson joined the Dallasoffice of Fulbright & Jaworski in the areaof corporation, banking, and business.

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MARIE HEJL, a civil litigation lawyerwith Locke Liddell & Sapp in Austin,hosts a local access television cookingshow called It’s Easier Than You Think.In June 2005 she won first place in thevariety category at the 2005 AustinVideo Awards.

UTLAW: Which of your jobs is more reward-ing—being a lawyer or being a local TV per-sonality?

HEJL: They are equally rewarding in differentways. Being a lawyer is rewarding because Iam constantly challenged by and learningfrom my colleagues—people that I admireprofessionally and personally—at LockeLiddell & Sapp. Hosting a cooking show isrewarding because it gives me the opportuni-ty to improve my culinary skills and, at thesame time, connect with the community. Itmakes me happy to hear from viewers who,after watching the show, are inspired to cooksomething they’ve never made before.

UTLAW: Do you have any meal suggestionsfor the busy lawyers reading this who want tocook but whose time is limited?

HEJL: Precooked rotisserie chickens are agodsend. I use them for chicken salad, tortillasoup, tacos, and Cobb salad. But the possibil-ities are endless. Just use the white meat ifyou are watching your diet.

Make an easy Greek salad by addingolives, cherry tomatoes, feta cheese, cannedartichoke hearts, and a simple vinaigrette toprewashed salad greens. Throw in somecanned tuna (or the rotisserie chicken!) if youwant a more satisfying meal.

For dessert in a pinch, I love to make a“Berry Merry Parfait.” Add sugar, vanilla, andsour cream to freshly whipped cream. Place aspoonful of the cream mixture into a sundaeglass and then add a layer of fresh berries.Continue alternating layers until you reachthe top of the glass. Finish with shreddeddark chocolate and a cherry.

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1 9 9 9 Jennifer Boisture, a recent medicalschool graduate, moved to Boston as apsychiatry resident at Harvard.

Lowry A. Crook, of the LitigationDepartment of Wilmer Cutler PickeringHale and Dorr, was promoted to counsel.

Jeff Scott Edwards, anassociate at Whitehurst, Hark-ness, Ozmun & Brees, won theAustin Under 40 Award for the

law category in 2004. “Austin Under 40”is a joint collaboration between the YoungWomen’s Alliance and the Young Men’sBusiness League. It honors men andwomen under the age of forty who haveexcelled in their field of endeavor anddemonstrated service to the community.

James Alvin “Jae” Ellis III, his wife,Liza, and their daughter, Caroline, areproud to announce the arrival of JamesGillespie Ellis. “Judge” was born onNovember 21, 2004, in Dallas, Texas, andwas named in honor of his grandfather,James A. Ellis, Jr., and in memory of hisgreat-grandfathers the late James A.Ellis, Sr. (former chief justice of the Ama-rillo Court of Appeals and professor of lawat Texas Tech University), and the late Wil-ford Lafayette (“Pete”) Gillespie.

Christopher J. Lallo, senior associatewith Fulbright & Jaworski, where hepractices tax law, was listed by H TexasMagazine as an up-and-coming lawyer inthe Houston legal community for 2004.

Sean N. Markowitz joined the Dallasoffice of Fulbright & Jaworski in the areaof corporation, banking, and business.

Sinéad M. O’Carroll joinedReeves & Brightwell’s Austinoffice. She will work remotelyfrom her home in Col lege

Station.

Shawn Raymond was elected partnerat Susman Godfrey. In December 2004he was recognized as a Lawyer on theFast Track by H Texas Magazine.

Matthew S. Shelton joined the FortRiley, Kansas, Office of the Staff JudgeAdvocate, as chief, legal assistance. He

lives in Manhattan, Kansas, with his wife,Dr. Sarah Frahm.

Davor S. Vukadin, a senior associatewith Fulbright & Jaworski, where hepractices banking and corporate law, waslisted by H Texas Magazine as an up-and-coming lawyer in the Houston legal com-munity for 2004.

2 0 0 0Nicholas J. Brunick was one of sevenfinalists for a national award to recognizeyoung Catholics who are working to breakthe cycle of poverty in the United States.Brunick, an active member of St. ClementParish in Chicago, is director of theRegional Affordable Housing Initiative,which uses legislative advocacy, legal andpolicy research, litigation, and organizingto preserve and create affordable hous-ing in the region.

Lucy Lixin Chen joinedFulbright & Jaworski’s HongKong office. Chen focuses onacquisitions, joint ventures,

cross-border investments, finance, andother international transactions.

Michael T. Eversden was electedpartner of McGrath, North, Mullin & Kratzin Omaha, where he practices in theCommercial Litigation Section.

Christopher D. Kratovil joined JonesDay as an associate in the Dallas officein the Issues and Appeals Group. His wife,Siobhan F. Kratovil, ’00, remains withLocke, Liddell & Sapp in the Dallas office.Their daughter, Caitriona, was born inJune 2005.

Kathleen M. “Kate” McPartlinjoined Fulbright & Jaworski’s Austinoffice as counsel. McPartlin has experi-ence in intellectual property, litigation,regulatory, and corporate law.

Carlos R. Rainer, Jr., associate withFulbright & Jaworski, where he practicesantitrust law, was listed by H Texas Mag-azine as an up-and-coming lawyer in theHouston legal community for 2004.

Doug Rathbun recently became coun-sel for the U.S. Senate, Committee on theJudiciary. As counsel for the chair of the

Subcommittee for Antitrust, CompetitionPolicy, and Consumer Rights, he will behandling antitrust legislation and policyinitiatives for the Senate.

2 0 0 1Bret S. Alexander began work inthe district attorney’s office of HamiltonCounty in Chattanooga, Tennessee, wherehe will handle DUI cases. Alexander willalso prosecute habitual-offender casesand cases that involve alcohol-relatedcrashes.

C. Bryce Benson joined Fulbright &Jaworski’s Dallas office as an associate.Benson’s practice covers all aspects ofcomplex commercial litigation, includingsuch issues as breach of contract, com-mon-law fraud, securities fraud, loan fore-closures, breach of fiduciary duty, andother business torts.

Will Denham joined Abrams Scott &Bickley as an associate.

Ramon A. Molina, an associate withCox Smith Matthews, was selected as the2005 recipient of the Outstanding YoungLawyer Award in May 2005. Sponsoredby the San Antonio Young Lawyers Asso-ciation, the Outstanding Young LawyerAward annually recognizes an individualwho has exhibited professional proficien-cy, service to the profession, and serviceto the community.

Adrian Stewart and Douglas Coxwere featured in an article in the NewYork Law Journal regarding their workwith Guantánamo Bay detainees.

2 0 0 2Peter J. Cesaro joined theAustin office of Graves, Dough-erty, Hearon & Moody as anassociate in the firm’s Real

Estate Section.

Melissa B. Cobb, née Bearden, joinedthe real estate practice of Akin GumpStrauss Hauer & Feld in Dallas in Feb-ruary 2005. On June 11, 2005, she mar-ried Jonathon Cobb of Dallas.

Luke J. Ellis, associate for JacksonWalker, is the author of “The Common

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Law,” an information legal column that dis-cusses how the law addresses everydaylegal issues. “The Common Law” is pub-lished weekly in the Austin Chronicle. Inaddition, Ellis is the host of a weekly televi-sion news segment, also called The Com-mon Law, which airs every Tuesday onNews 8 Austin.

Mary Evelyn McNamara joinedBrown McCarroll’s Austin office as anassociate. She practices in the areas offamily law and appellate law.

Stephanie Townsend-Allala waselected president of the El Paso Women’sBar Association for 2005–06. She is aprobate attorney with Terry Hammond &Associates. (See sidebar, page 53.)

2 0 0 3Marcus C. Bradley joined Baker and Hos-tetler as an associate in the Houston office.

Amanda L. Bush, an associate in theLitigation Section of Jackson Walker’sFort Worth office, was selected by herpeers as one of Tarrant County’s TopAttorneys for 2004 in the Product Lia-bility Section.

Jessica C. Coe joined Wil-liams Mullen’s Richmond of-fice as an associate. She willfocus on general litigation

matters, products liability, and mass torts.

Marie Hejl, a civil litigation lawyer withLocke Liddell & Sapp in Austin, has host-ed a local access television cooking showcalled It’s Easier Than You Think sinceDecember 2004. In June 2005 one of hershows on Asian dinners won first place inthe variety category at the 2005 AustinVideo Awards. Also in June, the AustinAmerican-Statesman published a featurearticle on Hejl and her show. (See In Cam-era, page 6, and sidebar, page 54.)

Jennie K. Hoelscher joined BrownMcCarroll’s Austin office as an associate.She practices in the areas of general civillitigation, product liability litigation, andappellate.

Adam J. Loewy opened the Loewy LawFirm in Austin, Texas, in May 2005. Loewyis chairman and CEO of the firm.

Milam Foster Newby transferred fromVinson & Elkins’ New York office to itsAustin office in April 2005. Newby’s prin-cipal areas of practice are corporatefinance and securities law.

John Pearson joined the U.S. JusticeDepartment as a trial lawyer in the Public

Integrity Section of the Criminal Division.Pearson is a member of the Attorney Gen-eral Honors Program.

Samantha Snyder and Victor Rodri-guez are engaged to be married inTemple in October 2005. Rodriguez iswith Ellis, Koeneke & Ramirez in McAllen.

Brent E. Troyan is stationed with theU.S. Navy Judge Advocate General’s Corpsin Norfolk, Virginia. Lieutenant Troyan iscurrently assigned as a special assistant tothe U.S. attorney in the Eastern District ofVirginia, prosecuting cases for the NavalCriminal Investigative Service.

Ephraim “Fry” Wernick joined AkinGump Strauss Hauer & Feld in Wash-ington, D.C., after spending two years atStrasburger & Price in Dallas.

2 0 0 4Troy S. Allen joined Baker and Hos-tetler’s Houston office as an associate.

P. Morgan Barsi joined Brown Mc-Carroll’s Houston office as an associate.He practices in the Estate Planning andProbate Section.

Susana Carbajal joined Brown Mc-Carroll’s Austin office as an associate.She practices in the areas of bankruptcyand commercial litigation.

E. Lane Cates joined Fulbright &Jaworski as an associate in the firm’sDallas office. She will focus on mattersinvolving corporate and securities trans-actions.

Jennifer M. “Jenny” Chilton joinedFulbright & Jaworski as an associate inthe Dallas office.

J. Garrett Cornelison joined Bakerand Hostetler ’s Houston office as anassociate.

H. Michael Drumm joined Oppen-heimer, Blend, Harrison and Tate’s SanAntonio office as an associate in the cor-porate and securities practice.

Kindel L. Elam joined Fulbright &Jaworski’s Houston office as an associ-ate focusing on corporate matters.

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JOHN RAMSEY, below, competedagainst more than a hundred other can-didates to win the title “Funniest Personin Austin, 2005.” He works as an attor-ney at Nunis & Associates in Austin.

UTLAW: How are the study of law and stand-up comedy alike?

RAMSEY: Both require a great deal of analy-sis. I like to take the same kind of analysisthat I might give to Marbury v. Madison andapply it to something like the game paper,rock, scissors, or pineapples. Which is to say,I can analyze pineapples with C+ clarity.

UTLAW: How were you able to come up withmaterial while studying for the bar exam?

RAMSEY: I have some killer jokes about resipsa loquitor. And what is the deal with therational basis test? Seriously, folks, seriously.

UTLAW: When did you first realize that youwere funny?

RAMSEY: I tried to answer this question in away that made me sound both honest andhumble. It was impossible.

UTLAW: Do you plan to pursue a law careeror a stand-up comedy career? Or both?

RAMSEY: I will pursue both as long as possi-ble, but at some point I am going to have tojump ship one way or the other. I will probablyend up a lawyer because I like being intellec-tually challenged and medically insured.

RAMSEY, WINNING "FUNNIEST PERSON IN AUSTIN" TITLE.

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Gilbert A. “Bert” Greene joined theinternational law firm of Fulbright & Ja-worski as an associate in the Austinoffice. Greene focuses his practice onintellectual property matters, which pri-marily include patent prosecution andpatent litigation.

Haylie A. Halpin joined Fulbright &Jaworski as an associate in the Dallasoffice.

Adam S. Harbin is an asso-ciate at Bass, Berry & Sims inthe corporate and securitiespractice area.

Jessica Biddle Holoubek joinedFulbright & Jaworski’s Houston officeas an associate focusing on publicfinance.

Joshua R. Lounsbury joined Cool-idge, Wall, Womsley & Lombard. He prac-tices in the area of workers’ compensa-tion defense.

Rachel M. Morris joined Baker andHostetler’s Houston office as an associate.

Kristin N. Necessary joined CrainCaton & James in Houston as an estateplanner and probate litigator. In July,Necessary finished a one-year clerkshipwith Justice Dale Wainwright of the TexasSupreme Court.

Charles A. “Andy” Parker joinedFulbright & Jaworski’s Houston office asan associate focusing on litigation.

Brian K. Prewitt joined BellNunnally & Martin as an asso-ciate in the Corporate PracticeGroup.

Terry David Roberts joined Vinson &Elkins’ Austin office as an associate inthe Employment Litigation and LaborSection.

Stephen Sides joined Fulbright & Ja-worski in Dallas. His practice focuses oncorporate and securities law, includinggeneral corporate matters, mergers andacquisitions, and corporate financings.Sides was previously with Hughes & Luce.

Michael B. Tristan joined Jackson

Walker’s Dallas office as an associate inthe Litigation Section.

Shannon M. Zmud joinedJackson Walker’s Dallas officeas an associate in the Litiga-tion Section.

2 0 0 5John Ramsey competed against morethan a hundred candidates to win the title“Funniest Person in Austin, 2005” onMonday, May 23, at the Cap City ComedyClub in Austin. Ramsey’s previous come-dy experience included founding an im-provisational and sketch comedy troupeat his alma mater, Rhodes College. Beforethis competition, he had participated inonly one open-mike night, in 1999. Ram-sey headlined at the Velveeta Room inJuly and again in November. (See side-bar, page 56.)

Michael Song was featured on News8 Austin in July 2005 for the work hedoes mentoring young people throughthe Boys and Girls Clubs of the CapitalArea.

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OXFORD UNIVERSITY PRESS

announces new editions of

Professor Philip C. Bobbitt’sConstitutional Fate: Theory of the Constitution, 1982Constitutional Interpretation, 1991AVA I L A B L E F A L L 2 0 0 5

“When asked by the legal affairs columnist StuartTaylor to recommend the best book on judicial review in the last twenty years, Laurence Tribe wrote, ‘There are two, and they’re both by the same author,’recommending Philip Bobbitt’s Constitutional Fateand Constitutional Interpretation.”101 MICHIGAN LAW REVIEW AT 1731, N. 65 (MAY 2003)

“Constitutional Fate is one of a handful of truly towering works of constitutional theory in the last half-century.” AKHIL AMAR, 72 TEXAS LAW REVIEW AT 1703 (JUNE 1994)

“Constitutional Interpretation is the best book on constitutional law in years. It is also the most philosophically sophisticated and stylistically subtle.”DENNIS PATTERSON, 93 COLUMBIA LAW REVIEW 270 (1993)

W Y A T T M c S P A D D E N P H O T O

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except ionsrelating to emergency stays, no judge actsalone. However strongly one mightfeel about a particular outcome, it willbecome the law of the Seventh Circuitonly if at least one other colleague ispersuaded that this result is correct.

Normally, in fact, our opinions andthose of our sister circuits are unani-mous. It makes little difference whetherRonald Reagan, George H. W. Bush,Bill Clinton, or George W. Bush ap-pointed the other two judges on thepanel. Occasionally, of course, thereare serious differences of opinion thatare reflected in concurrences or dis-sents. But even in the most hotly con-tested areas, we have retained a tradi-tion of respectful disagreement.

Interestingly, too, it is not alwayspossible to predict who will be onwhich side merely by knowing whenthe judge took office. Other differ-ences, such as the judge’s backgroundas a former prosecutor, former legisla-tor, former member of the solicitor

general’s office, former academic, orformer district court judge, also play arole in the contribution that the indi-vidual judge brings to the case.

It would be impossible for me tooverstate how much I have learnedover the last ten years from my col-leagues on the court, past and present,and how the quality of our decisionmaking benefits from our diversity.

Judges do not learn solely, or evenprimarily, from their colleagues, how-ever. In our adversary system, wherethe judges are generalists, the lawyersplay an indispensable role. On the civilside, they decide which cases are worthbringing, how to develop the record forsummary judgment and through trial(in that small group of cases that arestill tried), and whether a trial courtdecision or an administrative ruling isworth appealing. On the criminal side,they are the ones who ensure that thepolice and the prosecutors are playingby the rules, whether those rules arefound in the Fourth Amendment, inthe criminal code, or elsewhere.

Although as judges we tr y tounderstand each side’s case even if

one party is well represented and theother is not, we can go only so far toneutralize that kind of disparity. If abad lawyer failed to get evidence intothe record, the evidence is not there;if an important legal argument waswaived, it usually cannot be resurrect-ed. It is small comfort to the client tobe told that a legal malpractice actionmight redress the problem or thathabeas corpus relief might be avail-able if counsel was constitutionallyineffective. The system works only ifthe lawyers are doing their job fromthe very start.

The court depends especially on law-yers who are willing to donate theirtime to clients who would otherwise beforced to proceed pro se or who do nothave the knowledge or the money tosecure competent representation. Thepro bono efforts of many of the firmsthat practice regularly in our court haveimproved the quality of the briefs andthe argument in cases in areas rangingfrom criminal law, immigration, andemployment discrimination to constitu-tional issues. At times, although morerarely than I would like, the SeventhCircuit has even seen UT Law graduateswho are willing to venture as far northas Chicago and accept appointmentsin our court. With quality legal repre-sentation like that, the system works. Itoperates at a serious disadvantage ifthe entire burden rests on the shoul-ders of the judges.

Ever since my first day at the LawSchool, when Professor Bernie Wardreferred with reverence to the federaljudiciary, I have known what a privi-lege it is to serve as one of its mem-bers. I am only sorry that I cannotshare at least some of this experiencewith people like Professor Ward andmy other great mentor at the LawSchool, Professor Charles Alan Wright.I hope that I have lived up to theirstandards, and I look forward to thechallenges that the coming years willundoubtedly bring.

Diane P. Wood is a circuit judge on theU.S. Court of Appeals for the SeventhCircuit and senior lecturer in law atthe University of Chicago Law School.She is an alumna of The University ofTexas at Austin, B.A. (Plan II), 1971,and J.D., 1975.

Wood[ CONTINUED FROM PAGE 15 ]

“An intellectually honest, incredibly erudite description of the Constitution as an intensely nationalist instrument. . . .

A fine achievement and a sophisticated book.”Jefferson Powell , D U K E U N I V E R S I T Y L AW S C H O O L

P U B L I S H E D B Y C A M B RI D G E U N I V E RS I TY P RE S S

To see the first chapters, book reviews, and discussion, and to purchase, go tohttp://www.utexas.edu/law/faculty/calvinjohnson/RighteousAnger.

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the same timeappearing to be fighting for the inter-ests of shareholders.

To be sure, there is now a growingnumber of international law firms,uniting lawyers from a broad variety ofjurisdictions. Hence, the decision to re-incorporate in another member statedoes not necessarily mean that the cor-poration has to switch from one lawfirm to another. Rather, it may findlawyers with the right kind of expertisewithin the same law firm. However,with respect to the political economy ofcorporate law, that is unlikely to makemuch of a difference. So long as attor-neys cannot easily transfer their exper-tise from one corporate law regime toanother, the above-described situationremains the same. For example, theattorneys in the German office of amultinational law firm are unlikely tobe pleased to see their expertise be-coming worthless as more and moreof their corporate clients demand theservices of lawyers who specialize inU.K. company law.

Moreover, past experience confirmsthat the member states of the Euro-pean Community are reluctant to letcorporations reincorporate elsewhere.For example, the above-mentioned“real seat” rule was originally intro-duced for the very purpose of pre-venting corporations from incorpo-rating elsewhere. Also, i t is worthnoting that many member states havetraditionally banned corporations fromreincorporating or have failed to pro-vide corporations with rules that weresufficiently clear to make reincorpora-tion a viable option.

In sum, whatever one thinks of thesituation in the United States, there isevery reason to believe that Europeancorporations will mostly end up usingtheir freedom of choice in a way thatbenefits their shareholders.

Jens Dammann, an expert in compara-tive corporate law, joins UT Law as anassistant professor. He teaches BusinessAssociations and Advanced CorporateLaw. He comes to Texas from Cornell LawSchool, where last year he was a visitingassistant professor.

[ CONTINUED FROM PAGE 21 ]

Dammannto specific cate-

gories of individuals. More generally, the conventions, if

applicable, do not displace or triggerthe application of any other body ofrules. Many of the variations of thiscriticism tacitly trade on the idea thatapplication of the conventions some-how precludes application of some more-robust individual rights scheme—suchas ordinary constitutional law, criminallaw, or even international human rightslaw generally. This assumption, howev-er, is plainly inconsistent with the con-ventions themselves—and difficult tosquare with the purposes of humanitar-ian law generally. No rule in the con-ventions requires the warring parties toabrogate any rights-protecting schemeother wise recognized in its law. Inother words, the United States couldaccord, consistent with the GenevaConventions, all captured al Qaedafighters the full protections of interna-tional human rights law and the U.S.Code and Constitution. The applicabil-ity of the conventions does not displacethese other potentially applicable re-gimes. Moreover, the inverse is clearlyfalse—states cannot render the conven-tions inapplicable simply by deciding toapply some other body of rules. Theproblem addressed by humanitarianlaw is that organized hostilities areoften characterized by lawlessness andbarbarity. The conventions, then, pre-scribe the rules that must be observedeven if no other rules apply. This is,of course, importantly different fromthe view that the conventions pre-scribe rules that apply because noother rules apply. And it is manifestlyinconsistent with the view that theconventions prescribe rules that havethe effect of displacing other rights-regarding rules.

International law expert Derek Jinks joinsUT Law this year as an assistant professorfrom Arizona State University College ofLaw. He is a prolific scholar, having writ-ten or coauthored twenty publications.The preceding excerpt is from his book TheRules of War: The Geneva Conventionsin an Age of Terror (Oxford UniversityPress, 2006).

Jinks[ CONTINUED FROM PAGE 23 ]to keep their

homes, rather than lose them becauseof imprudent home equity borrowing orrisky mortgage products, but it doesn’tdo that. They might have hoped that thenew law would be flexible and humaneenough to permanently excuse themfrom complying with the law’s mandato-ry requirements (including credit coun-seling) if they became victimized by anatural disaster, like Hurricane Katrina,but it doesn’t do that either.

The catastrophic effects of HurricaneKatrina have, once again, brought tothe surface and to the public discoursethe disparities in wealth in this countryand the concentrated (and often seg-regated) poverty that continues to existin many American cities. The bankrupt-cy law’s views toward, and treatment of,the working and middle classes mightjust show leaders of progressive rights-based organizations (like the NAACP,the National Council of La Raza, theNational Urban League, the MexicanAmerican Legal Defense and Educa-tional Fund, the National Women’s LawCenter, unions, black sororities and fra-ternities, and others) that they need tochange their political agenda. The newlaw, and what it exposes, should ignitecivil rights and cause them to developand aggressively pursue strategies thatwill help close the racial wealth gap andeliminate deceptive consumer-lendingpractices that target racial minorities.

Progressive groups should, of coursecontinue to focus on traditional civilrights issues, such as ensuring equal op-portunity in the workplace and theschools. However, with luck (and a littlefaith, perhaps) this perpetratin’ law maymake economic empowerment the cor-nerstone of a new civil rights agenda.

This spring A. Mechele Dickerson will becomethe Fulbright & Jaworski Professor of Law.She comes to UT-Austin from the William &Mary Law School, where she was the CabellResearch Professor of Law. She is an electedmember of the American Law Institute and hasbeen on the editorial board of the AmericanBankruptcy Institute Law Review since 2000.While at William & Mary, she received boththe Walter L. Williams, Jr. Teaching Awardand the 2000 Alumni Fellowship Award.

Dickerson[ CONTINUED FROM PAGE 17 ]

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take fees. Thus,the 13th-century canonist JohannesTeutonicus could assert that “if [law-yers] can give counsel without labor,not needing to read over books nor tak-ing the time to glance over the com-plaint, they should assist for free.”Jurists also argued at some length aboutwhen lawyers could ask for their fees,most agreeing that they should besought only at the conclusion of thecase. Subverting this advice somewhat,one wily 13th-century canon lawyersuggested that the attorney “look togetting his fees [after the arguments]but before the conclusion of the case[with the verdict], because at that timethe parties are in a hurry to celebrateand each side believes it will win, so theywill be mindful of the promise of theattorney, and the parties will pay morefreely.” It was perhaps by following suchquestionable advice that lawyers earnedthe venomous disdain of laypeople,who considered them money grubberswho sold their skills, and their souls, tothe highest bidder, all the while ignor-ing poor people with just causes.

Even more fundamental than hisfees, the medieval lawyer had an ethicalduty to advocate zealously for his client.In so doing, he constantly found himselfbumping up against the exhortationsto be scrupulously honest and not to beoverly subtle, which, in the medievallexicon, meant to seek out tricky or nig-gling points of law or procedure in orderto confuse one’s opponent or extend theproceedings. The boundary betweenthese two responsibilities was blurry.Another sermon exemplum from the13th century unintentionally puts thelawyer’s dilemma in stark relief:

“Have you heard about the great cler-ic, who was an attorney in his worldlyyears and who won all his cases? Whenhe took up the habit of a monk, he wasfrequently sent to act as a lawyer in cases[on behalf of the monastery], and helost every case. The indignant abbot andmonks said to him, ‘Why do you loseevery one of our cases, when in yourworldly years you always won cases forother people?’ And he replied, ‘When Iwas in the world, I was not afraid to lie,but through falsehoods and deception I

bested adversaries. Now, however, be-cause I do not dare to speak anythingbut the truth, the opposite happens.’”

The preacher, Jacques de Vitry, didnot, in fact, intend for his listeners tounderstand that righteous lawyersshould never lie. His point was thatlawyers had to lie if they wanted to wincases, which is why men who wished tobe righteous should become monksinstead of attorneys.

Medieval lawyers constantly wrestledwith the distinction between advocacyand sophistry. In 1563, for example, aformer judge of the high court of theGerman Empire named Joachim Myn-singer published a work reporting thedecisions of that court, one of whichconcerned the question of whether anattorney, to further a just cause, mayrefute and deceive his adversary withcunning so that his adversary mightbe overcome. The court answered yes,citing, among other highly reputableauthorities in both civil and canon law,a commentary of the jurist PhilippusDecius (1454–1536/7) on the Romanlaw. In commenting on the legal con-cept of the cavil, a sophistical trick,Decius explained that while the judgeshould rightly condemn and throw outredundant and excessively subtle cavils,other cavils could be tolerated, provid-ed they were not maliciously made.

The gloss accompanying Decius’commentary in some printed editionswent further: “An advocate pursuinga just cause can refute [his] adversarywith malice and cavils, as long as thisis done without mendacity.” The glossgave an analogy to shore up the distinc-tion: “If by a defect of justice, someonecannot recover property that had beenstolen from him, he may steal it back,provided, nonetheless, that he does thiswithout mendacity.” Thus, if your causewas just, a little caviling did not hurt.The message was not quite “win at allcosts,” but that end clearly rested at thebottom of this particular slippery slope.

The lawyer who did not seize everyadvantage risked losing the case for hisclient, so law students had to be taughtwinning tactics. In medieval courts, attor-neys sometimes had to have a “letter ofprocuration” from their client confirm-ing their engagement, and that letterhad to be prepared according to certainformalities. One way to slow down litiga-

tion was to challenge the validity ofthe other party’s letter of procuration.Jacques de Révigny, a 13th-century lawprofessor at the University of Orléans,recounted to his students the time hesuccessfully did just that. Student lec-ture notes reproduce his story: “Oncemy master [Révigny] destroyed a certainprocuration, because the notary hadwritten it in great haste and had notincluded the name of the person whowrote it. Therefore, he said to the judge,an honest and worthy lord, ‘Althoughthe name of the official scribe has notbeen set down, I allow that the seal [ofthe issuing judge] is there.’ But my mas-ter said, ‘There is no evidence who wroteit.’ The opposing party said, ‘ Yes thereis, because of the seal.’ My master said,‘That does not suffice to show the con-nection to the writing, and none of theformalities ought to be omitted.’” Wasthis unethical trickery? Révigny evidentlythought not.

What message did law students andattorneys take from all these voices? Onthe one hand, they knew what a norma-tively ethical lawyer was supposed tolook like; on the other hand, they heardall around them complaints that lawyerswere failing to live up to that norm. Andyet no matter how hard they might havestrived to meet the ideal, they confront-ed the reality that the ideal containedits own contradictions. Lawyers were toserve their clients to the best of theirability, but they were not to exercisetheir talents if that meant offendingsome sense that the law should be tidy,simple, and straightforward. Balancingthe demands of living up to those stan-dards was not easy for medieval lawyers,and it is not easy now. Therefore, be-fore we engage in yet another round ofprofessional self-flagellation over recentscandals, let us pause to recollect.Attorneys have been listening to ser-mons for centuries. They have alwaysunderstood the importance of profes-sional ethics. And yet the dilemmasand difficulties, and the behavior thatfollows from them, persist more or lessunchanged.

Emily Kadens, Ph.D., specializes in Euro-pean legal history. She joins the Law Schoolas an assistant professor. She comes to Texasafter completing a clerkship with ChiefJudge Danny Boggs of the U.S. Sixth Court.

Kadens[ CONTINUED FROM PAGE 25 ]

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Jon Knox Rhodes, ’37, died February16, 2005.

Garland F. Smith, ’37, died June 4,2005, at 93. Smith practiced law in Weslaco,Texas. He won two cases before the U.S.Supreme Court. Smith served as generalattorney for Hidalgo and Cameron Counties,Water District #9. He was instrumental indrafting and passage of the Texas WaterRights Adjudication Act. He also servedas member and later chairman of theState Water Board Committee, Weslacocity attorney, and president of the Wes-laco Chamber of Commerce. Smith wasthe organizing agent for Mid Valley StateBank and served for many years as chair-man of the board. Later, as president, hehelped organize and served as director ofMagic Valley Savings and Loan.

J. Paul Painter, ’39, died September26, 2004.

Guy W. Shaw, ’41, died May 7, 2004,at 90. Shaw served as Taylor Countyattorney for two years in the 1940s. Hetaught business law at Hardin-SimmonsUniversity in Abilene and served as pres-ident of the HSU Alumni Association. Hereceived the John J. Keeter Alumni Awardfrom Hardin-Simmons University, thehighest honor ever to be bestowed on anHSU graduate.

Eleanore Banks Donnelly, ’45, diedSeptember 13, 2005, in Houston.

Ernest Lynn Sample, ’47, died in2003, at 85. Sample was a practicingattorney until his death.

Parker Frank Wilson, ’47, died May12, 2005. Wilson worked in Sears’ re-gional legal department for 30 years. Heserved as a full-time pro bono lawyer atProjecto Adelante for 18 years.

M. Parker Ellzey, ’48, died July 24,2004.

T. Lawrence Jones, ’48, died August25, 2004, at 83. Jones was assistantattorney general of Texas (1957–60),general counsel for the Federal MaritimeAdministration (1961–63), and deputyfederal highway administrator (1964–66). In 1967 he became president/CEOof the American Insurance Association,New York, where he served for twentyyears. From 1986 to 1999 he served assenior counsel to the law firm of Huntonand Williams.

C. Daniel Molloy, ’48, died December3, 2004.

Wallace H. Scott, Jr., ’48, died April25, 2005, at 84. Scott was a captain of the1941–42 UT football team and was a sup-porter of UT athletics, having cofoundedthe Longhorn Club, the predecessor of theLonghorn Foundation. Scott was the firstattorney hired by the Oil and Gas Divisionof the Texas Railroad Commission. He lateropened a private law practice and becamea successful and respected oil and gasattorney. In 1976 Scott and Frank Doug-lass founded the Austin law firm of Scott,Douglass and McConnico.

G. Bradley Bourland, ’49, died May24, 2005. Bourland was assistant attor-ney general of Texas and former securi-ties commissioner of Texas before start-ing a private law practice.

Geraldine Browder Tennant, ’49,

died November 24, 2004, at 82. Whenshe was in law school, she was one ofonly three women. She was elected in1982 as judge of the 113th Civil DistrictCourt, a post she held until retiring in1996. In 1995 Tennant founded the Ger-aldine B. Tennant Endowed PresidentialScholarship at UT Law.

Bill W. Waters, ’49, died August 4,2004, at 79. He was elected Gray Countyattorney in 1950 and district attorney ofthe 31st Judicial District in 1954. In 1978he was elected district director of theState Bar of Texas and was later a mem-ber of both the State Bar of Texas Pro-fessional Ethics Committee and the com-mittee that drafted the Texas Model Rulesof Professional Conduct for Attorneys. Hewas a life fellow of both the Texas BarFoundation and the American Bar Foun-dation. In 1989 Waters was named PampaCitizen of the Year.

Pat McKinney Baskin, Sr., ’50, diedMay 27, 2005, at 78. Baskin dedicatedhimself to bettering public schools andwas a lifetime member of the ParentTeacher Association. He served Midlandas city councilman and mayor pro tem(1968–72). A practicing attorney for morethan 25 years, he served as a municipalcourt judge for 5 years (1953–58) andwas elected to the 142nd State of TexasDistrict Court in 1980, where he servedfor 12 years. Upon retirement, he took asenior district judge status, practicing asa visiting judge until early May 2005.

Elizabeth Nowlin Craver, ’50, diedAugust 19, 2004. Craver was the firstwoman assistant district attorney inBexar and Lubbock Counties.

Tom H. Davis III, ’50, died August 1,2005, at 79. Davis represented the fam-ilies of Jim Croce, Stevie Ray Vaughan,and three members of Reba McEntire'sband in aviation litigation. After lawschool, he served as a briefing attorneyfor the state supreme court. After theKorean War, Tom Davis practiced per-sonal injury law with former U.S. senatorRalph W. Yarbrough and cofounded theAustin firm of Byrd and Davis in 1959. Hefounded Slack and Davis in 1993 andretired in 1998.

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John Patrick Maloney, Sr., ’50, diedSeptember 10, 2005, at 81. Known as theking of torts, Maloney specialized in per-sonal injury and product liability cases.

William R. Barnes, ’51, died October20, 2003.

Edgar Herman Eggert, Jr., ’51, diedJuly 10, 2004.

Donald A. Edwards, ’52, died May 12,2004, at 75.

William M. Cotton, ’53, died April 18,2005, at 80.

The Honorable Samuel J. Day III,

’54, died November 13, 2005, in FortWorth. Judge Day was appointed to theSecond Court of Appeals by GovernorWilliam P. Clements and served from1989 to 2003.

Bernard O. Dow, ’56, died December 26,2004, at 72. After serving in the U.S. AirForce as a law instructor from 1956 to 1959,Dow practiced law with family. In April2003, Dow joined his son’s law firm, Dow,Golub, Berg and Beverly. Dow also conduct-ed numerous continuing legal education(CLE) seminars. In 1994 Dow was recog-nized by the College of the State Bar ofTexas as the first recipient of the profession-alism award. He was also the first to receivethe lifetime achievement award in real estatelaw in 2000, from the State Bar’s Real Estate,Probate, and Trust Law Section. TexasLawyer named him as one of the top fivereal estate lawyers in the state. In 2003 and2004 he was on the list of “Texas SuperLawyers.” In 2004 UT Law honored Dowwith its lifetime achievement award. Theschool also announced that beginning in2005 its continuing legal education semi-nar on real estate leasing would be knownas the Bernard O. Dow Leasing Institute.

M. L. “Bud” Null, ’56, died May 20,2005. Null was a partner with Anderson,Smith, Null and Stofer.

Joe V. Boerner, Jr., ’58, died April 27,2005, at 72. Boerner practiced law withCrenshaw, Dupree & Milam in Lubbockfor 35 years, serving on the firm’s oper-ating committee for 5 years and as man-aging partner beginning in 1991. In March1993 he cofounded the law firm of Boernerand Dennis. Boerner was director of the

Junior Bar, which he helped establish,and the Senior Bar Association of Lub-bock, where he also served on the StateBar Forms Committee.

Pat Cain, ’58, died November 20, 2004.Cain served in the House of Representativesfrom 1963 to 1967, when he resigned to jointhe Office of the Texas Attorney General.

W. Payne Roye, ’58, died June 4,2005, at 72. Roye was a successful crim-inal defense attorney with his own lawpractice and was president of both theGraham Jaycees and the Young CountyBar Association.

William Henry Burton, '59, died onNovember 17, 2005. A former Legal Eagle,he was also Texas Exes Life Member #459.

Benjamin F. Knight, ’59, died Decem-ber 25, 2004.

Carlos Flavio Vela, ’62, died Septem-ber 20, 2005, at 67. He served as a lawyerfor the Equal Opportunity EmploymentCommission, the U.S. Department of Agri-culture, and the Texas and U.S. attorneysgeneral. He fought for increased education-al opportunities for Hispanics and promotedliteracy through volunteer work. At the timeof his death, he was an attorney in goodstanding in Cameron County.

Thomas Eugene Wood, ’62, diedMay 27, 2005, at 74.

Mike Joplin, ’63, died February 17,2005. Joplin worked to develop thecorporate practice for Strasburger &Price, which established the Strasbur-ger & Price, LLP Scholarship in Law inhis memory.

The Honorable Mack Kidd, ’64, diedJanuary 3, 2005, at 63. Kidd began his lawcareer with Cofer, Cofer and Hearne, fol-lowed by Garey, Colbert and Kidd. He nextwas associated with Kidd, Doggett andJacks. Before joining the court, he found-ed the firm then known as Kidd, White-hurst, Harkness, and Watson. In 1990 Kiddwas elected to the Court of Appeals, ThirdDistrict of Texas, where he served for 14years. He served as president of both theTexas Trial Lawyers Association and theAssociation of Retarded Citizens of Austin,was chair of the Travis County DemocraticParty, was a Texas Bar Foundation Fellow,

and was a frequent continuing legal edu-cation lecturer. He was an active memberof the American Board of Trial Advocates,where he mentored young lawyers.

Philip Patman, ’64, died February 5,2005, at 67.

Walter B. Dunagan, ’65, died March3, 2003.

Charles Haworth, ’67, died November23, 2005. He both clerked for ChiefJudge John R. Brown on the U.S. Court ofAppeals for the Fifth Circuit and taughtlaw at Washington University School ofLaw. At the time of his death, he workedin Dallas at Owens, Cleary & Aken, LLP.

F. Hastings Pannill, ’68, died July 22,2000.

R. Drew Furgeson, ’70, died July 9,2004.

William V. Schirmeyer, ’72, diedJanuary 17, 2005.

Gerald E. Thornton, Jr., ’80, diedMarch 6, 2005.

Ernest Patrick Black, ’81, died Sep-tember 22, 2004, at 55.

Avon Williams III, ’84, died July 10,2005. He served as counsel for the U.S.Department of the Army and the Nashvillelaw firm of Williams & Dinkins and servedas assistant commissioner for the TexasDepartment of Economic Development. Athis death he was acting general counselfor the Department of the Army and hadbeen principal deputy general counsel.

James David Langner, ’87, died July30, 2005.

Edwin Smith Stewart, ’92, diedMarch 1, 2000.

Elizabeth Dodge Schwab, ’97, diedJuly 30, 2005. Schwab was in the Litiga-tion Section of Vinson & Elkins in Houston.

Felecia Shankle-Rogers, ’01, diedDecember 8, 2004, at 27. While at UTLaw, Shankle-Rogers was a member ofthe Frederick Douglass Moot Court team.Since 2002, she had practiced intellectu-al property law with Leydig, Voit & Mayerin Chicago.

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I L LU S T R AT ION BY A L E T H A S T. R OM A I N

WILLISTON FISH (1858–1939)

was a Chicago attorney whopursued an active literary career on the side. He pub-lished a pair of novels based on his service in the armyand hundreds of short stories and poems. In 1898 he pub-lished a sentimental mock will in Harper’s Weekly, titled “ALast Will.” It was a little more than a one-column filler inan issue dominated by news of the Spanish-AmericanWar, yet this modest prose poem struck deep chords withreaders for the next hundred years.

It is a lovely piece of writing. The author gives to chil-dren the dandelions in the fields and the right to playfreely among them; to lovers all that they need to con-struct their world; to young men bravery. “And,” he writes,“to those who are no longer children, or youths, or lovers,I leave Memory, and I leave to them the volumes of thepoems of Burns and Shakespeare, and of other poets, ifthere are others, to the end that they may live the old daysover again freely and fully, without tithe or diminution;and to those who are no longer children, or youths,or lovers, I leave, too, the knowledge of what a rare,rare world it is.”

“A Last Will” has been reprinted at least a hundredtimes since its appearance in 1898. Although it constitut-ed Williston Fish’s claim to fame, Mr. Fish and his admir-ers have had to repeatedly reclaim it. The text often be-came separated from its author’s name, and it was attrib-uted to its fictitious testator, Charles Lounsbury (some-times misspelled as “Lounsberry” or “Loundsberry”). Thelegend grew that Lounsbury was a destitute lawyer or mil-

lionaire who died destitute in a Chicago jail cell, alms-house, or insane asylum, and the will was found in a pock-et of his tattered overcoat.

It has been published under at least twenty variant titles,including A Legacy to Mankind, The Happy Testament, and I,Charles Lounsbury. It has been printed as a Christmas keep-sake, as a children’s book (Pictures in the Fire, 1993), andin fine-press editions by some of the leading book design-ers of the 20th century. It has appeared in periodicals asdiverse as the New York Times, American Forests, the GeorgiaBar Journal, and church bulletins. It was included in a1908 Harvard Ph.D. dissertation, a Canadian school read-er, and Irving Wallace’s 1977 bestseller, The Seven Minutes.It has been translated into Spanish, French, and Portu-guese, and it inspired a song by Irving Berlin (“When ILeave the World Behind,” 1915). Today it’s on the Inter-net in blogs, the Ethical Wills Web site, and the online fanclub of TV actor Gene Barry, to name only a few.

Tarlton Law Library is collecting the printed editionsof “A Last Will.” Thanks to the support of a generousdonor, the collection is dedicated to the late Mildred A.O’Donohoe (1942–2000), a poet and friend of the library’sRare Books and Special Collections. The Mildred A. O’Don-ohoe Collection includes fifty different printings of “A LastWill” and related works, and is always on the lookout formore. The collection includes a miniature edition onlythree inches tall and an ornate full-color broadside twofeet high, from the press of the famous California typog-rapher John Henry Nash. Also present are theoriginal issue of Harper’s Weekly con-taining the first appearance of“A Last Will” and the firstprinting in bookform(1907).

Williston Fish’s“A Last Will”

BY MICHAEL WIDENER

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R E C R U I T U T.

R E C R U I TT H E B E S T.

For more information about recruiting opportunities, please contact:

David Montoya, Assistant Dean for Career Services v The University of Texas School of Law

727 East Dean Keeton Street v Austin, Texas 78705 v (512) 232-1150 v Fax (512) 471-6790

www.utexas.edu/law/career

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S E R V I C E S

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