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The Universityof Memphis Cecil C. Humphreys School of LawE-Newsletter

April 22, 2005  


New Dean Named for Cecil C. Humphreys School of Law

University of Memphis law professor James R. Smoot has been appointed dean of the Cecil C. Humphreys School of Law at the U of M. He replaces former dean Don Polden who left in June 2003 to take a similar position at Santa Clara University. Professors Rod Smith and Dan Wanat served as Interim Deans prior to Smoot's appointment. Smoot has taught at the U of M law school since 1990. His areas of specialty include banking law, contracts, mergers and acquisitions, international finance, and business organizations. He has also served on the faculty at Valparaiso University School of Law.

A graduate of the Yale Law School, Smoot was executive editor of that school's law journal. He later clerked for the Honorable Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit. He practiced with Cravath, Swaine & Moore in its New York and Paris offices, and he served as deputy general counsel to the Readers Digest Association. He holds a bachelor's degree from the University of Southern California, where he graduated summa cum laude and was tapped for Phi Beta Kappa.

Dean Smoot has articulated a number of goals for the law school. Among them are: working closely with the University administration to develop creative solutions to long-term funding issues, working with the law faculty to enhance the School's contacts with the legal and business communities, and working with law alumni to foster closer relationships to their alma mater. He will also work closely with the American Bar Association's law school accreditation committee during the law school's re-accreditation process, which is currently underway.

"Obviously, one of the primary areas of focus will be our physical plant," said Smoot. "It is no secret that we need a new building. We have plainly outgrown our current facilities, which any graduate will also tell you. The building has historically been poorly air-conditioned and prone to flooding. Several of our large classrooms have poor sight lines and acoustics. With the help of our faculty, alumni, University of Memphis President Shirley Raines, and other friends, we are confident that we will find ourselves in a new building in four or five years."

In making the announcement, U of M President Shirley C. Raines pointed to the many accomplishments of the law school. "It is well documented that over the last 10 years, our law school has typically led all law schools in Tennessee in bar passage rates. Additionally, our placement rates have exceeded the national average for each of the last 12 years. This is a tribute to the quality of our faculty and our students." Raines said, "I think Jim Smoot is the best choice to continue the stellar reputation our law school has achieved and he is the best person to lead the school as we address the opportunities that lie ahead."


What's Happening at the Law School?

From the Admissions Area--This year's entering class of 137 students had a median GPA of 3.26 and a median LSAT score of 156--some of the highest credentials in recent years! Most new students were from Tennessee, but others came from Colorado, Ohio and several other states. The average age of the class was 26, with a range of 20 to 45. 59% of the students were male and 41% female. In the last three years our applications have more than doubled (nearly 1,200 applications last year!), and our student of color enrollment increased to 18% despite the national trend of declining minority enrollment in ABA law schools.

The School of Law's American Bar Association--National Appellate Advocacy Competition team recently competed in the New Orleans regional competition. The ABA-NAAC is one of the nation's largest and most prestigious student advocacy competitions. The team included Ann Schiller, John Bampfield, Katrina Tucker, and Professor David Romantz (coach). With over 40 teams competing, the Memphis team advanced to the semi-final round. Ann Schiller was named 6th Best Oralist; Katrina Tucker was named 4th Best Oralist. Congratulations to the ABA-NAAC team!

2005 National Environmental Law Moot Court Competition Results: Our moot court team finished in the Semifinal Round of the 2005 National Environmental Law Moot Court Competition held at Pace University School of Law, White Plains, New York. The law student members of the University of Memphis team were Jennifer McKinnish, Kristen Menke, and Virginia Nesbitt. This is the second year in a row that a team from the University of Memphis has finished in the Semifinal Round of this national competition. The Memphis team advanced to the Quarterfinal Round after competing in the preliminary rounds against such law schools as the University of Washington, the University of Kansas, the University of Florida, Rutgers University, Roger Williams University, and George Washington University.

In the Quarterfinal Round, Memphis defeated Louisiana State University (a two-time defending Finalist) and the University of Detroit to advance with eight other winning schools to the Semifinal Round.

The Pace Competition is recognized as the preeminent environmental law moot in the United States. A second straight Semifinal Round finish is an outstanding result which reflects most favorably on the University of Memphis law school and its students!

In related news, students in Professor Irma Russell's Environmental Law Seminar decided to compete in a new law student writing contest hosted by the ABA Environmental Section. The result was that her class is one of three law schools (including the University of Florida and the University of Virginia) that will be entitled to publish papers on the Section's website this spring!

The Law Library honored Associate Professor Emeritus Sara Cole recently with a portrait unveiling and reception. Cole directed the Law Library following her graduation from the Cecil C. Humphreys School of Law in 1972 until her retirement in 2000. Her picture adorns the main level reading room along with other portraits of law school professors from the past.

Students Honored for Pro Bono Work: The Dean's Pro Bono Awards were recently presented to several law students who have served in a variety of volunteer capacities. Plaques were presented to John Bampfield, Lea Dickerson, Brandon Haren, Christy Kinard, Sarah Oschack, Kristen Rigsby, Derreck Whitson, and Julie Worthington, who together donated more than 700 hours of pro bono work during the past year. Christy Kinard was given a special award in recognition of her personal contribution of more than 160 pro bono hours!


Faculty Milestones

Assistant Professor David W. Case received his Ph.D. from Vanderbilt University in December 2004 in Interdisciplinary Studies: Environmental Law, Management and Policy. Professor Case's doctoral dissertation is entitled "Essays on State-of-the-Art Environmental Policy Tools." The separate chapters of the dissertation are published as separate law review articles in the Emory Law Journal, University of Colorado Law Review, and Washington & Lee Law Review.

Donna S. Harkness, associate professor of clinical law, published "Estate of Bracher v. Tranquil Glen Assisted Living: Case File, Teaching Material and Problems" with the National Institute of Trial Advocacy. She participated as a speaker at the Guardianship 2004 conference jointly sponsored by the Aging Commission of the Mid-South and the UT School of Social Work on the topic of "Pros and Cons of Alternatives to Guardianship/Conservatorship." She also contributed CLE materials and spoke on the topic of "How to Avoid Ethical Pitfalls in Representing Older Clients" at a recent Memphis Bar Association CLE.

Collaborating with Prof. Max Garzon of the University's Computer Science Department, Asst. Professor Steven Mulroy is helping the University Student Government Association develop a system for online voting in SGA elections. "We have designed a new system of elections which models some of the election administration reforms being discussed in the "real world." We hope to gather data from this experiment which could inform the debate on those reforms, as well as develop the capability for students who wish to vote online in elections this year and in future years.... He is also working on a pro bono criminal case involving an indigent, mentally challenged defendant charged with being an accomplice to an armed robbery which resulted in a killing by another robbery participant. The case raises the questions of whether a duress defense can be asserted to a charge of felony murder, as well as what relevance the defendant's condition may have to the issue of duress.... He has also taken a leading role in organizing a forum on election reform issues to be held here in Memphis. The Mid-South Peace & Justice Center initiated the idea as a means of getting together state legislators, county election commissioners, election experts, leaders of interested civic groups, and interested members of the public to discuss the many election reform bills currently pending in Nashville, as well as other election reforms which might be appropriate for state legislative action. He has also recently published an article in the Tulane Law Review entitled "Avoiding 'Death by Default': Does the Constitution Require a 'Life Without Parole' Alternative to the Death Penalty?"

The second edition of Professor Janet Richards' "Richards on Tennessee Family Law" was recently published, along with an annual supplement to her co-authored "Property Division in Divorce Proceedings: A Fifty State Guide." She is a frequent speaker at CLE programs throughout the area and continues to serve on state commissions and foundations relating to family law and other important areas.

Asst. Professor and Director of Legal Methods David S. Romantz had the lead article in a recent Indiana Law Review entitled "You Have the Right to Remain Silent: A Case for the Use of Silence as Substantive Evidence of a Criminal Defendant's Guilt." He was invited to speak at several professional meetings, including one on proposed changes to the ABA accreditation bylaws. He was elected to a three-year term on the Board of Directors for the Association of Legal Writing Directors.


Alumni News and Class Notes

May 10th will be Law Alumni Night at Nat Buring Stadium. All alumni members will receive the super, low discounted ticket price of $2! We will have the Law Alumni Banner hung, and the announcer will thank all the Law Alums for coming out throughout the game. And the most exciting piece of this event is that Law Alumni Association President Bob Dinkelspiel will open the game with the 1st pitch!

Frank L. Glankler, Jr. ('52), one of the 'deans' of the Memphis law community, was selected for inclusion in "The Best Lawyers in America."

Richard Glassman ('72), President of Glassman, Edwards, Wade & Wyatt, was selected for inclusion in the "Best Lawyers in America" for his experience in defending legal malpractice claims.

C. Barry Ward ('73), an attorney with Glankler Brown, completed a 40-hour course to become a mediator. He has been included in "The Best Lawyers in America" in the area of business litigation since 1999.

Hon. Robert Childers ('74), Circuit Court judge in Memphis, recently presented a program on divorce at the Poplar-White Station Library.

F. Michael Bursi ('75) joined the insolvency practice group of Husch & Eppenberger.

Paul W. Stewart ('76) was named executive vice president and general counsel for NYK Logistics (Americas), Inc.

R. Hunter Humphreys ('77), an attorney with Glankler Brown, has been named one of the 101 Best Lawyers in Tennessee by Business Tennessee Magazine. Humphreys represents clients in real estate, secured lending and other business transactions. He is a frequent speaker on real estate and secured lending and is an adjunct professor at the School of Law.

Steve McCleskey ('81) was appointed to the board of directors of the Senior Housing Crime Prevention Foundation, Inc. He is an attorney with the Glankler Brown law firm, where he concentrates his practice in tax, estate planning, probate and business law.

Dorothy J. Pounders ('81) became the first female recipient of the Memphis Bar Association's highest award, the Judge Jerome Turner Lawyer's Lawyer Award. She practices domestic and family law with Pounders Coleman.

Hon. Kay Spalding Robilio ('81), Circuit Court judge, was honored with the 2003 Marion Griffin/Frances Loring Award by the Association for Women Attorneys (AWA). The award was presented at the 25th anniversary celebration of the AWA and recognized Robilio for her contributions to both the state and local bars and to the community through her television show "A Question of Law." Robilio was the first woman elected to a full eight-year term on the Shelby County Circuit Court.

Sam Blaiss ('85), a Memphis attorney with a solo practice, received the Tennessee Bar Association's Harris A. Gilbert Pro Bono Attorney of the Year Award. His practice ranges from divorce and collections to personal injury and criminal law.

William L. Hendricks, Jr. ('85), an attorney with Glankler Brown PLLC, completed a 40-hour course to become a mediator. Hendricks is certified as a civil trial specialist by the National Board of Trial Advocacy and the Tennessee Bar Association and concentrates his practice in the areas of commercial and construction litigation, personal injury, and insurance defense.

David Wray ('85) is Dean of the McNally-Smith College of Music in St. Paul, Minnesota.

Amy J. Amundsen ('87) presented a program on divorce at the Poplar-White Station Library. She is an attorney with Rice, Amundsen & Caperton.

Monique Beals ('88) joined the litigation group of Bass, Berry & Sims.

Kelly Gooch ('90), a partner in the law firm of Lewis, Fisher, Henderson, Claxton & Mulroy, was elected chair of the Memphis Bar Association's Labor and Employment Law Section. Gooch has represented management in employment litigation and related policy issues for twelve years.

Ginger Jordan ('90) is development director for the U of M's Herff College of Engineering and School of Audiology and Speech-Language Pathology. She had been director of communications and planned giving and development officer at St. Agnes Academy/St. Dominic School.

Miles Mason ('94) was appointed to the editorial board of the Tennessee Bar Journal.

Jack Marlow ('95) was recognized by Business Tennessee Magazine's listing of the 101 Best Lawyers in Tennessee. Marlow is a member of the bankruptcy and creditors' rights practice group of Wyatt, Tarrant & Combs. To compile the listing, the magazine surveyed CPAs, bankers, judges, company directors and other lawyers from across the state.

O. John Norris III ('95) was named a partner in the law firm of Lewis Fisher Henderson Claxton & Mulroy. He joined the firm in 1998.

David L. Bearman ('96) was elected shareholder of the Memphis office of Baker, Donelson, Bearman, Caldwell & Berkowitz. He concentrates his practice in tort litigation, commercial litigation and employment law.

Jason Yarbro ('96) became a member of the Armstrong Allen law firm.

Stan Davis ('97) was certified as a Civil Trial Specialist by the National Board of Trial Advocacy. He is an attorney with Nolan, Porter, Duer, Niewold, Evans, Hagar, Travis, Davis & Garrett in Nashville. Davis concentrates his practice in civil tort law, worker's compensation and wrongful death litigation, representing plaintiffs.

Scott Delius ('97) was recently commissioned as a First Lieutenant in the Georgia Army National Guard JAG Corps. Scott has his own plaintiff's trial practice, Delius Law Firm, PC, in Atlanta, Georgia.

Chris Dotson ('97) is an associate with the Memphis law firm of Farris, Mathews, Branan, Bobango & Hellen. His practice areas include litigation, government representation, insurance defense and municipal law.

Michael Banks ('98) and Brett Carter ('98) are both proudly serving in Kuwait with the U.S. Army JAG Corps. Both are married with children.

Craig C. Conley ('98) was elected Vice President/President-elect of the Memphis Bar Association, Young Lawyers Division and will serve as President in 2005. He practices in the area of litigation with the firm Thomason, Hendrix, Harvey, Johnson & Mitchell.

Greg Gilluly, Jr. ('98) has returned to public service as Special United States Attorney for the City of Memphis and the United States Attorney's Office. He represents Memphis by prosecuting federal crimes in federal court.

Kevin D. Balkwill ('99) has started his solo law practice, concentrating in the areas of bankruptcy, divorce, personal injury, criminal defense, and general litigation.

Lance R. Chism ('99) has started his solo law practice in Memphis in the areas of criminal defense and civil rights litigation.

Amy Webb Martin ('99) is serving as President of the Memphis Bar Association, Young Lawyers Division in 2004. She practices family law with Landers & Associates.

Alyse D. Masserano ('99) joined Husch & Eppenberger as an associate attorney in the firm's Insolvency Practice Group.

Lisa Sammons ('99) is an associate with the law firm Wilson & Associates.

Margaret M. Chesney ('00) has joined the Memphis office of Wyatt, Tarrant, & Combs as a member of the Commercial Litigation Practice Group.

Virginia M. Alexander ('01) is a staff attorney with Memphis Area Legal Services Inc. working with victims of domestic violence.

Jennifer Eberle ('01) is an associate with the law firm of Bass, Berry & Sims, where she concentrates her practice in business and employee benefits litigation.

Bo Luxman ('01) has started his own practice, concentrating in the areas of bankruptcy, collection, criminal, and personal injury.

Luther T. Mercer, II ('01) recently returned from an extended visit to China and the Far East.

Jacob C. Zweig ('01) is an associate attorney in the Insolvency Practice Group of Husch & Eppenberger.

Juanita R. Brown ('02) has joined Miller & Martin as an associate in the firm's Chattanooga office. She concentrates her practice in commercial lending, commercial real estate, corporate finance restructuring, and creditors' rights.

Hope Kizer-O'Briant ('02) is an associate with the law firm of Bourland, Heflin, Alvarez & Minor, where she concentrates her practice in general civil litigation.

Samuel Phillips ('02) is an associate with Burch, Porter & Johnson, where he practices commercial litigation.

Christopher C. Jones ('03) is an associate with the law firm of Wyatt, Tarrant & Combs, where he concentrates his practice in commercial litigation.

Lisa A. Overall ('03) has joined the Memphis law firm of McDonald Kuhn, working in the areas of general litigation and insurance defense. She is admitted to practice in Tennessee and Mississippi.

H. Case Pittman ('03) is an associate attorney with the Mason Law Firm, where he concentrates his practice in probate, estate planning, research, taxation and corporations.

Nick Rice ('03) is an associate with Rice, Amundsen & Caperton, the third generation of the Rice family to practice law at that firm.

Ashby R. Scott ('03) is an associate with Stokes, Bartholomew, Evans & Petree, where she is a member of the commercial real estate practice team.

Joni Smith ('03) now practices with Bateman Gibson in the areas of railroad, maritime, and immigration.

Chris West ('03) is an Assistant District Attorney General assigned to General Sessions Criminal Court in Memphis.


Brain Freezers

Now that tax time is over, you need to keep all of those brain cells busy, so try to answer these questions. The first correct set of answers faxed to 901-678-4107 wins a law school pen!
1) In what year was the University of Memphis founded?
2) In which year did the first ABA-approved class graduate from the Memphis State University School of Law?
3) What is the most landed on Monopoly property?
4) What do the five Olympic rings represent?
5) What is the only U.S. state that ends with a K?
6) What five cards make up a perfect Cribbage hand?
7) How many times is a Roman numeral's value increased if it has a line over it?
8) What eye problem does Jack Nicklaus suffer from?
9) What four seas are named for colors?
10) Where do Broadway actors traditionally celebrate opening night?

We welcome your comments and information for upcoming issues! The next issue is scheduled for delivery on July 15.

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Cecil C. Humphreys School of Law
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Memphis, TN  38152
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The University of Memphis Cecil C. Humphreys School of Law | 3715 Central Avenue | Memphis, TN 38152 | (901) 678-2421