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March 2018

News

Alabama Law Hosts Symposium on the Role of Lawyers in Government

Sitting and former U.S. Attorneys visited The University of Alabama School of Law March 2 and discussed the role lawyers play in government.

The symposium, “The Role of Lawyers in Good Government,” was held in the McMillan Lecture Hall in Room 287 and consisted of three panels. It gave participants an opportunity to hear the views of lawyers from multiple presidential administrations and engage with them through questions and answers.

First, sitting U.S. Attorneys explored their role as the chief federal law enforcement official in their respective districts. The guidelines governing the position are established by the presidential administration and the U.S. Attorney General, but the position comes with a fair amount of discretion, which allows U.S. Attorneys to deviate from internal policies.

U.S. Attorneys prosecute federal criminal cases, including false claims, white collar crime, and healthcare fraud. When exercising discretion in cases, they have robust discussions with other attorneys. The focus, said Richard W. Moore, U.S. Attorney for the Southern District of Alabama, is on truth and justice, not winning cases.

“The topic here is about a better government and a good government,” Moore said. “If the community is going to believe that government is good, then they have to believe that justice is being done.”

That discretion does not extend to public officials.

“The easiest way to approach those cases is if somebody has violated the law, you charge them,” said Jay E. Town, U.S. Attorney for the Northern District of Alabama.

The Honorable John England, Jr. Receives 2018 Sam W. Pipes Distinguished Alumnus Award

The Honorable John England, Jr. received the 2018 Sam W. Pipes Distinguished Alumnus Award at the Farrah Law Alumni Society Banquet in Birmingham.

The award is given to an outstanding alumnus of the University of Alabama School of Law who has distinguished himself or herself through service to the bar, the University of Alabama, and the School of Law.

“I am honored to receive the Pipes Award,” Judge England said. “It humbles me that the Law School would consider me to receive an award that so many people that I have such great respect for have received in the past.”

Drafted into the military during the Vietnam War, Judge England served in the U.S. Army for two years as a military policeman. In 1974, he began his law practice in Tuscaloosa, Alabama, where he has made his home and has served his community, state, and University for more than 40 years. Elected to the Tuscaloosa City Council in 1985, he served two terms as the Chair of the Finance and Community Development Committee. Governor Jim Folsom appointed England to the Tuscaloosa County Circuit Court in 1993, where he became the first African-American Circuit Judge in Tuscaloosa. He was subsequently elected to a full term in 1994, where he served until he was appointed by Governor Don Siegelman to the Alabama Supreme Court in 1999. Judge England served on the Alabama Supreme Court until 2001. After serving on the Supreme Court, he returned to the Circuit Court of Tuscaloosa County, where he continues to serve.

“Judge England has been a trailblazer for his entire adult life,” said Dean Mark E. Brandon. “He was among the very first African American students to attend the University of Alabama School of Law. He flourished as a practicing lawyer and has distinguished himself as both a trial judge and a Justice of the Alabama Supreme Court. He is the embodiment of public service – to community, state, and nation, not to mention the University of Alabama and the Law School.”

Maynard Cooper & Gale Announces $200,000 Pledge to Law School Foundation

Maynard Cooper & Gale is pleased to announce a $200,000 pledge in honor of Founding Partner and former Chairman, Boots Gale, to the Law School Foundation to further enhance the Fournier J. “Boots” Gale Endowed Scholarship.

The Boots Gale Scholarship was originally created in 2004 with significant gifts from John McMahon and the Protective Life Foundation. Gale and his family have made additional contributions to the fund since that time to more than double its value.

The firm made a similar $200,000 commitment in 2008 to establish and fund the Lee and Joy Cooper Endowed Scholarship at the law school, and is pleased to be making the same financial commitment to honor Boots and all the great service he has provided to the firm and to the Law School over many years.

Gale is a 1969 graduate of the Law School. He is a past president of the Law School Foundation and has served as Treasurer since 1995.

Alabama Law Review to Host Symposium on Life after Scalia: Justice Gorsuch and Modern Textualism on the Supreme Court

The 2018 Alabama Law Review Symposium, Life After Scalia: Justice Gorsuch and Modern Textualism on the Supreme Court, assembles a superb group of scholars who will discuss such questions as whether textualism will become dominant or secondary on the Supreme Court as its personnel change; what form that textualism will take; and whether or how Justice Gorsuch will influence the Court-or fail to do so-on such questions as the relationship of textualism to precedent and natural law. This Symposium promises to be timely and valuable, both for legal scholars and for any practicing lawyer or observer of the contemporary Supreme Court. It will begin at 8:30 a.m. March 23 in the Bedsole Moot Court Room (140).

ABA Moot Court Team Advances to National Competition

Two moot court teams from University of Alabama School of Law competed in the ABA National Appellate Advocacy Competition.

The team of Jessica Pagano, Caroline Stephens, and Mary Caroline Wynn, all 3Ls, won the regional final (defeating Ohio State twice) and will advance to compete in the national finals in April. This team also won second place for its brief. The team of Sloane Bell, Amber Hall, and Nikki Skolnekovich, all 3Ls, beat a team from Northwestern in the semi-finals and lost a close final round to the first seed team from Washington University. Miriam Biffle, Mary Lindsay Hannahan, and Nic Nivison, all 2Ls, supported the teams in bailiff and coaching duties.

The ABA event is the nation’s premier moot court competition. The Chicago regional had 32 teams from 18 law schools. Alabama Law was the only law school with two teams advancing to the regional finals. In the national finals, a special 40th Anniversary ABA event in Washington D.C., the Alabama team will compete against the champions of other regions.

National Tax Team Competes in Florida

Zach Anderson, Richmond Gunter, and Will Menas, all 3Ls, recently competed in St. Petersburg, Florida, in the National Tax Moot Court Competition. They were undefeated in the preliminary rounds, beating teams from Oregon and Liberty University. They received a bye in the quarters, defeated Baltimore in the semis, and lost the final round by one point to Charleston. The U.S. Tax Court judges who judged the final round were impressed by all of Alabama Law’s advocates. Gunter was selected as the best overall advocate in the competition. Clay Staggs (’96) coached and advised the team.

Douglass Team Advances to National Competition

Barry Burkett, Daneal Barnaby, Jodi Wilson, and Imani Shaw, all 3Ls, competed as two teams in the Frederick Douglass Moot Court Competition in Birmingham. Wilson and Shaw won second place in the region and advanced to the national competition in New York.

The teams were sponsored by the Alabama Defense Lawyers Association. Professor Anita Kay Head coached the teams, and Professors Kimberly Boone and Mary Ksobiech assisted in their preparation by serving as guest judges.

Jessup Team Competes in New Orleans

Alabama Law’s Jessup International Law Moot Court team traveled to New Orleans and competed in the the regional competition. The team, comprised of Emily Van Haneghan, Tori McCarthy, Betsy Nicholson, and Hannah Darby, all 3Ls, won four out of four matches in the preliminary rounds, advancing to the quarterfinals, and then to the semifinals before being eliminated. In addition, Darby won the award for 10th best oralist in the whole competition, and Van Haneghan won the award for 9th best oralist. Professor Cameron Fogle coached the team during oralist practice rounds, and accompanied the team to New Orleans.

Trial Advocacy Team Travels to Pittsburgh

Alabama Law’s Trial Advocacy Competition Team competed in the 55th Annual Allegheny County Academy of Trial Lawyers Mock Trial Competition in Pittsburgh, Pennsylvania February 21-23. Each mock trial was presided over by a sitting federal judge at the United States Courthouse for the Western District of Pennsylvania.

The team was comprised of Meg Deitz,3L, Krystina Jackson, 3L, Ashley Ross,2L, and Ben Edwards, 2L. The team competed against William & Mary Law School, in front of a 14 person jury. The team competed well and received high praise from the scoring judges, winning the jury verdict unanimously. The team was coached by Professor Yuri Linetsky.

Environmental Moot Court Team Competes in National Competition; Students Win Three Best Oralist Awards

The Law School’s National Environmental Law Moot Court Team – Lauren Bakke, Haley Cobb, Samuel Sun – and student coach and advisor, Sydney Schaefer − performed in masterful fashion at the National Competition, which was held in New York from February 22-24. Fifty-six law schools participated in this year’s competition – the nation’s most prestigious Environmental Law moot court and one of the largest, if not the largest, held under one roof.

The team faced excellent teams from the University of Virginia, the University of Texas, Penn State, Seattle University, and Rutgers-Camden as they progressed through the preliminary rounds to reach the Quarter-Final round of the competition. In doing so, the team won the best oralist award in all three preliminary rounds with Cobb snaring two and Sun the other. The faculty advisors of the team are Professor William Andreen and Professor Heather Elliott.

Class Notes

Bruce Barze, Jr. (’92), M. Todd Lowther (’03), and Spencer M. Taylor (’96) have formed the firm Barze Taylor Noles Lowther LLC in Birmingham.

Kevin W. Beatty (’00) joined Maynard Cooper & Gale as a shareholder.

Katherine E. Britt (’13) joined University of Michigan Law School as Reference Librarian.

Kathleen A. Collier (’79) joined Maynard Cooper & Gale as a shareholder.

Heath Holden (’04) joined Jefferson Title Corporation in Birmingham as Commercial Underwriting Counsel.

Grace Long Kipp (’06) was selected by the Birmingham Business Journal as one of the city’s “Top 40 Under 40” for 2018.

Keith Lichtman (’01) launched Bridgewater Resolution Group, a mediation firm in Atlanta.

Michel Marcoux (’08) was selected by the Birmingham Business Journal as one of the city’s “Top 40 Under 40” for 2018.

Diane Babb Maughan (’99) was elected to serve on the Management Committee of Cabaniss, Johnston, Gardner, Dumas & O’Neal LLP in the firm’s Birmingham office.

Gary Powell (’83) joined Bailey Brauer as Of Counsel in the firm’s Dallas office.

Michael W. Rich (’12) joined Maynard Cooper & Gale as an Associate in the firm’s Huntsville office.

David B. Ringelstein II (’96) joined Maynard Cooper & Gale as a shareholder

Allison O. Skinner (’94) joined Cadence Bank as Senior Vice President & Senior Corporate Counsel.

Matthew Stiles (’01) was the sole winner for the State of Alabama in the Lexology 2018 Client Choice Awards in the area of Employment & Benefits Law.

Gifts

The Birmingham Bar Association donated $5,000 to the Birmingham Bar Memorial Scholarship.

Clifford Robert Dammers contributed $5,000 to the Judge Frank M. Johnson, Jr. Memorial Endowed Lecture on Constitutional Rights & Liberties.

The Birmingham Bar Association donated $5,000 to the Birmingham Bar Memorial Scholarship.

Maynard Cooper & Gale pledged $200,000 and contributed $40,000 of its pledge to the Fournier J. “Boots” Gale III Endowed Scholarship in honor of “Boots” Gale.

Irving Silver (’65) and Frances Silver and contributed $10,000 to the Silver Annual Faculty Scholar Gift Fund.

Warren Wheeler (’69) contributed $5,483 to the Judge Robert J. Wheeler Scholarship.

Faculty Notes

PROFESSOR WILLIAM BREWBAKER presented his work titled, “Augustinian Property,” at a private law roundtable held in Malibu, California on February 2. A symposium centering on Professor Brewbaker’s recent Christian Legal Thought casebook (with Patrick Brennan) was held in New York City in late January. The proceedings of the symposium will appear in the Journal of Catholic Legal Studies.

PROFESSOR RICHARD DELGADO‘s article in the Minnesota Law Review, “Four Ironies of Campus Climate,” was recently listed on four SSRN Top Ten download compilations: AARN: Educational Policies & Equality (Topic); AARN: Race & Ethnicity (Sub-Topic); Education Law: College & Graduate Education (Topic); and PSN: Constitutions & Constitutional Development (Topic). The article was co-authored with Professor Jean Stefancic.

A second paper, “Nonconformity in American Law and Life: How Much Do We Really Value Diversity?” published in the Alabama Law Review, was listed on two SSRN Top Ten download lists: Politics (Topic); and PRN: Discrimination, Oppression, Coercion, Consent to Risk or Harm, Violence (Topic).

The Washington Post published a critical review of Delgado and Stefancic’s book, Must We Defend Nazis? Why the First Amendment Should Not Protect Hate Speech and White Supremacy (NYU Press 2018), by Alan Dershowitz. The Concurring Opinions blog published an essay by Shannon Gilbreath (Wake Forest) praising Must We Defend Nazis and deeming it a “timely update . . . to the authors’ classic theory on equality and freedom of expression [that] has influenced a generation of lawyers.”

VICE DEAN ALAN DURHAM published the fifth edition of Patent Law Essentials: A Concise Guide in the Praeger division of ABC-CLIO.

PROFESSOR DAN JOYNER gave a presentation at Vanderbilt University Law School on the topic of his new book project, the recently adopted United Nations Treaty on the Prohibition of Nuclear Weapons.

PROFESSOR ADAM STEINMAN’s essay on “Non-majority Opinions and Biconditional Rules” was accepted for publication in the Yale Law Journal Forum. Here’s the link: https://ssrn.com/abstract=3123807. Professor Steinman published “Lost in Transplantation: The Supreme Court’s Post-Prudence Jurisprudence” in the Vanderbilt Law Review En Banc. Here’s the link: http://ssrn.com/abstract=3119954. He presented “Access to Justice, Rationality, and Personal Jurisdiction” at a Faculty Colloquium at the University of Georgia School of Law.

The views, opinions, and conclusions expressed by faculty in their publications or research activities are those of the author and not necessarily those of The University of Alabama or its officers and trustees. The content of faculty publications has not been approved by The University of Alabama, and the author is solely responsible for that content.