A publication of the University of Memphis Cecil C. Humphreys School of Law

Volume 1 | Issue 1

Executive EditorRyan Jones

WritingRichard J. Alley

Ryan Jones

Lurene Kelley

Josh Spickler

Faculty News EditorKatharine Schaffzin

PhotographyRhonda Cosentino

Ryan Jones

Estate of Abe Fortas

Lyndon B. Johnson Library

Art Direction and Designarcher>malmo

Published ByThe University of Memphis

Cecil C. Humphreys School of Law

1 North Front Street

Memphis, TN 38103

(901) 678-2421

memphis.edu/law

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Our goal in launching ML is to better communicate

with the many different communities we strive to

serve—students, lawyers, judges, government

officials, friends in our community, and, of course,

law school alumni. ML will have all the traditional

features of an alumni magazine, but we also hope

its creative design, content, and photographs will

engage non-alumni and non-lawyer readers in

much the same fashion as the nation’s best

regional magazines.

In the pages of this and subsequent issues of ML,

we will strive to convey, through the stories we tell,

the attributes that make Memphis Law such an

outstanding law school and the city of Memphis

such a wonderful place in which to live, learn,

and practice law. And, as in a traditional alumni

magazine, we will, of course, take the opportunity to

brag about the law school and our students, faculty,

and alumni—because we have much to brag about!

But unlike traditional alumni magazines, we also will

strive to contribute more broadly to the community

conversation by publishing thoughtful articles on

legal issues and topics related to our city, state, and

region—articles designed to win the attention not

only of our alumni, but also of educated readers

more generally. We will do this because we believe

our mission as a law school includes enhancing

the dissemination of knowledge to all members

of our community—lawyers and non-lawyers,

graduates of the University of Memphis, and

graduates of other schools.

We hope this publication will be a wonderful

reminder of how much we have to be proud of

within our school and the Memphis community.

I would be remiss if I didn’t take this opportunity to

remind our readers of our tremendous strengths,

of both the city and the law school.

Our law school facility in the magnificently

renovated former United States Custom House,

Court House and Post Office is, at once, beautiful,

historic, and modern—plainly one of the finest in

the nation. Our location in downtown Memphis

enhances our relationship with the legal community

and greatly increases our students’ opportunities for

meaningful externship and clerking experiences,

while also allowing students to enjoy Memphis’

With this first issue of ML, Memphis Law launches what we hope will be a thought-provoking and captivating publication for years to come.

DEAN’S LETTER

“With this first issue of ML, Memphis Law launches what we hope will be a thought-provoking and captivating publication for years to come.”

“We will strive to contribute more broadly to the community conversation by publishing thoughtful articles on legal issues and topics related to our city, state, and region.”

Southern charm, its great food and music, and the “grit and grind”

of the Memphis Grizzlies. And, thanks to the hard work of our

exceptional faculty of teacher-scholars, our students pass

the bar and find employment at rates that, historically,

are among the best in Tennessee and that favorably

compare with the nation’s finest law schools.

Coupled with our affordable tuition, these

attributes make Memphis Law not only an

excellent law school, but also one of the

nation’s best values in legal education.

We hope you enjoy reading ML and that you’ll also

let us know what you think. We look forward to your

input as we continue our effort to create a publication

that is a must-read for all members of our community.

There are amazing things happening at our law

school and in the city of Memphis, and it is our

goal to share some of these stories with you in the

pages of ML.

Cordially,

Peter V. Letsou

Dean

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ABE FORTAS: Forgotten Supreme Court Justice, Forgotten MemphianBY LURENE KELLEYFiddlin’ Abe Fortas was a Memphian who has been largely forgotten by the

city he called home for the earliest part of his life. The man who won the

landmark Gideon v. Wainwright case and eventually became a United States

Supreme Court Justice had a career marked by both prestige and scandal,

but the city he was born in rarely recognizes the great man who began his

life here. The legacy that his legal career left behind has had an enormous

effect on the legal arena, ranging from Juvenile Court issues to the creation

of Civil Gideons in today’s evolving justice system.

THE RIGHT TO COUNSEL IN MEMPHIS: 50 Years After GideonBY JOSH SPICKLER Shelby County Public Defender’s Office

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BLACK-LETTER BREWING: Drafting the Law in Memphis BY RICHARD J. ALLEYThe craft-beer movement in the city of Memphis has seen a surge in popularity

in the last year, thanks in large part to the work of several Memphis Law alumni

and their efforts to amend archaic laws and ordinances that prohibited the

growth of brewing in Memphis. The results are a wealth of new microbrew-

eries and excitement around craft beer in the Bluff City.

CONTENTS

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FEATURES

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A DAY AT MEMPHIS LAW with U.S. Supreme Court Justice Antonin ScaliaUnited States Supreme Court Justice Antonin Scalia spent a day at Memphis Law in December

2013. The Justice devoted the day to students, faculty, staff, and the Memphis legal community,

sharing insights and anecdotes at a variety of different events throughout the day.

FACULTY ACCOMPLISHMENTS

SETTING THE BAR: Memphis Law Alumni Class Notes

ABE FORTAS: Forgotten Supreme Court Justice, Forgotten MemphianBY LURENE KELLEYFiddlin’ Abe Fortas was a Memphian who has been largely forgotten by the

city he called home for the earliest part of his life. The man who won the

landmark Gideon v. Wainwright case and eventually became a United States

Supreme Court Justice had a career marked by both prestige and scandal,

but the city he was born in rarely recognizes the great man who began his

life here. The legacy that his legal career left behind has had an enormous

effect on the legal arena, ranging from Juvenile Court issues to the creation

of Civil Gideons in today’s evolving justice system.

THE RIGHT TO COUNSEL IN MEMPHIS: 50 Years After GideonBY JOSH SPICKLER Shelby County Public Defender’s Office

DIVISIONS

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STUDENT PROFILE: Holly Palmer Holly Palmer is a third-year law student and current president of the Public

Action Law Society (PALS). From her time in the military to her valuable

experience with the District Attorney’s Office, Palmer has positioned herself

for success when she finishes law school.

TRUE BLUE: Alumni SpotlightUnited States Attorney Edward L. Stanton, III, is a lifelong Memphian and

Memphis Law graduate with a passion to serve the city he calls home. His

career in Memphis has taken him to a variety of different destinations, with

the common theme of making Memphis a better place always taking pre-

cedence wherever he finds himself.

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STATE OF THE CITY ADDRESS HOSTED BY A C WHARTON AT MEMPHIS LAWThe law school hosted Memphis Mayor A C

Wharton for his 2014 State of the City

Address in January 2014. Wharton spoke to

a full-capacity crowd in Wade Auditorium,

with over 300 people packed into the room

to hear the details behind the Wharton

administration’s upcoming projects, plans,

and goals. Wharton organized his talk around

what he called The Five P’s: pension, public

safety, poverty, a future plan, and potholes.

The mayor spoke about a variety of quality-

of-life issues within the city, such as the

pothole problem, as well as the long-term

issues focusing on cutting the city’s poverty

rate, improving public transportation,

recruiting jobs, and making energy more

affordable. The idea to host the prestigious

event at the law school was put forth by

Student Bar Association President Chris Tutor,

who led the assembled audience in the Pledge

of Allegiance before the program began.

NEW FACULTY AT MEMPHIS LAW The law school welcomed three new faculty

members in the fall semester of 2013. In

addition to new Health Law Director Amy

Campbell, Jeremy Bock and Demetria Frank

also joined the esteemed ranks of faculty

at Memphis Law, bringing with them a wide

range of specialties.

Professor Bock joined the faculty at Memphis

Law to teach patent law and civil procedure.

Prior to joining the law school, Professor Bock

was a research fellow and senior visiting

scholar at the Berkeley Center for Law and

Technology at the University of California

Berkeley. He also worked at a multinational

semiconductor company, litigating patent

cases in federal district courts and before the

U.S. International Trade Commission. Bock

clerked for Judge Alan D. Lourie in the U.S.

Court of Appeals and received his J.D. from

the Berkeley School of Law. He received

his undergraduate degree in electrical

engineering and computer science from

the Massachusetts Institute of Technology.

Professor Frank joined the faculty to teach

evidence, trial practice, and civil pretrial

litigation. Her focus areas are civil litigation,

product liability, and civil court access.

Prior to coming to Memphis Law, Professor

Frank was a toxic tort attorney, representing

injured plaintiffs in product liability lawsuits.

She also served as an associate judge for the

city of Dallas and the city of Houston. Frank

received her J.D. from the University of Texas

School of Law and her undergraduate degree

from the University of Houston.

PRESIDENT OBAMA NOMINATES MEMPHIS LAW ADJUNCT PROFESSOR FOR FEDERAL JUDGESHIPPresident Barack Obama recently nominated

University of Memphis School of Law adjunct

professor and University of Memphis general

counsel Sheryl H. Lipman for a judgeship on

the U.S. District Court for West Tennessee.

Lipman joined the University of Memphis in

1999 as senior attorney and was promoted to

the role of university counsel in 2002. In that

role, she was responsible for all the legal

interests of the university, serving as in-house

counsel on all major legal matters and over-

seeing regulatory matters on a number of

issues pertaining to the University. After

President Shirley C. Raines retired in 2013,

Lipman was selected by Interim President

R. Brad Martin to serve as chief of staff.

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U.S. Representative Steve Cohen recommend-

ed Lipman for the judgeship after he and a

bipartisan committee of 13 local attorneys

interviewed nine candidates for the judicial

vacancy. In November, Lipman’s nomination

went before the Senate Judiciary Committee,

which voted to recommend her nomination

to the full Senate for confirmation. Once

confirmed, Lipman will succeed Judge Jon P.

McCalla on the district court in Memphis, as

Judge McCalla has taken senior status.

ESQ.BUILDIn fall 2013, Memphis Law, in partnership

with MBA and SCORE, launched an incubator

for solo practitioners called ESQ.BUILD. This

innovative program is designed for Memphis

Law graduates in their first three years of

practice. For one year, a select number of new

graduates receive office space at Memphis

Area Legal Services (MALS) at a low cost

(between $50 and $100 per month), includ-

ing a private office and a conference room

for meeting clients. Participants provide their

own phones, computers, printers, and other

office equipment. They are also required to

handle pro bono cases for MALS as well as

donate a certain number of hours of service

to the Memphis Bar Association.

“WELCOME TO MEMPHIS” PANEL INTRODUCES 1LS TO MEMPHISAs part of this year’s Orientation activities,

the law school unveiled a new “Welcome

to Memphis” panel, intended to give new

students and residents of Memphis an

inspiring and exciting glimpse of what

Memphis is really all about as a city. The

panel showcased a number of areas such

as Arts & Entertainment, the food and

culinary scene, sports-related matters,

non-profit organizations, and business

expertise. Participants in this inaugural panel

included Allison Cook, executive director of

the Memphis Farmers Market; Kelly English,

owner and chef at Restaurant Iris; Tomeka

Hart, VP of Teach for America; Anne Pitts,

director of the Levitt Shell; Gary Parrish,

nationally syndicated sports columnist and

radio host for CBSSports.com and ESPN; and

Jason Wexler, COO of the Memphis Grizzlies. 

The one-hour panel allowed students to get

a glimpse of what makes Memphis special,

presented by a set of Memphians who have

been an integral part of positive growth and

collaboration in the Bluff City.

2014 ALTERNATIVE SPRING BREAK This year’s Alternative Spring Break (ASB),

presented by the Public Action Law Society,

centered on the civil right to counsel and the

influence of Gideon v. Wainwright 50 years

after the historic case. This year’s ASB had

over 70 applicants, with over 20 participants

coming from schools outside of Memphis,

from law schools across the country. This

year’s week-long spring break program

examined the fact that while Gideon v.

Wainwright established the right to counsel in

criminal cases, no similar right exists in civil

lawsuits, creating a “civil justice” gap. ASB

took an in-depth look at this issue through

several different specialized legal tracks

throughout the course of the program.

SHERYL H. LIPMAN

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CLARENCE EARL GIDEON

“WELCOME TO MEMPHIS” PANEL

THE HON. HOLLY M. KIRBY APPOINTED TO TENNESSEE SUPREME COURT Tennessee Governor Haslam appointed The

Hon. Holly M. Kirby (JD ’82) to the Tennessee

Supreme Court, effective September

1, 2014. Judge Kirby will succeed another

Memphian, Justice Janice Holder, who has

close ties to Memphis Law and the Access to

Justice and pro bono programs in place in

Memphis and at the law school.

Judge Kirby has served as a judge on the

Tennessee Court of Appeals Western Section

since 1995, and was the first woman ever to

serve on that court. During that time, she

authored more than 1,000 opinions on

appeals from trial courts from across the

state of Tennessee.

Before being appointed to the Court of

Appeals, Judge Kirby was a partner at the

well-known Memphis law firm of Burch,

Porter & Johnson, where she specialized in

the defense of businesses in employment

litigation. She became a partner at the firm

in 1990 and was appointed assistant Shelby

County attorney for employment disputes

by Mayor Jim Rout in 1994–95.

Judge Kirby is a Memphis native and earned

her Bachelor of Science degree in mechanical

engineering from the University of Memphis in

1979, graduating magna cum laude and first in

her class at the Herff College of Engineering.

She then started law school at the University

of Memphis Cecil C. Humphreys School of Law

and graduated in 1982, third in her class of

140. After law school, she worked as a judicial

law clerk to Judge Harry Wellford on the U.S.

Court of Appeals for the Sixth Circuit.

NATIONAL MOOT COURT TEAM ADVANCES TO NATIONALS IN NYC The Memphis Law National Moot Court

team of Chelsea Harris and Courtney

Sharp advanced to the National Finals of

the National Moot Court Competition in

New York City. They were one of the top

30 teams out of approximately 200 teams

that entered the competition and turned in

an impressive performance at the regional

level in Knoxville, Tenn., in November. They

defeated Mississippi College of Law, Louisiana

State, and the University of Tennessee.

In February, the Memphis team met in New

York City with the other top teams in the

nation. Approximately 200 teams compete

in the National Moot Court Competition,

with the top two teams from each region

advancing to the National Finals. The Young

Lawyers’ Division of the New York City Bar

Association hosts the competition.

The Memphis team prepared for the compe-

tition in the fall with their coach, Director of

Advocacy Barbara Kritchevsky. Numerous

students, faculty, and alumni judged practice

rounds for the team.

UNIVERSITY OF MEMPHIS HEALTH LAW INSTITUTE HOSTS SYMPOSIUM The University of Memphis Health Law

Institute hosted its inaugural Health Law

Symposium in April 2014. The title of the

two-day symposium was “Race, Research,

and Rights: The Legacy of the Tuskegee

Syphilis Study.” To start the symposium off,

a community screening of a Tuskegee Study

documentary was held at the National Civil

Rights Museum, the symposium’s co-sponsor,

followed by an informal discussion and

commentary with James Jones, author of

“Bad Blood,” the leading account of the Syphi-

lis Study, and Fred Gray, famed civil rights

attorney and class action suit lawyer on

behalf of Syphilis Study survivors and family

members. The formal Symposium took

place on Friday, April 4, 2014, with morning

talks by Mr. Jones on the history of the

Tuskegee Syphilis Study and Mr. Gray’s

reflections on the case and his critical role in

advancing the interests of the men involved

and their families. A luncheon followed the

morning discussions, and an afternoon session

consisted of panel discussions on the legacy

of Tuskegee among African-Americans, and

other ethnic and racial minorities, in research

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BRIEFS: NEWS + EVENTS

THE HON. HOLLY M. KIRBY

NATIONAL MOOT COURT TEAM

and treatment settings, with a focus on the

Memphis/Shelby County community and

featuring local experts from the University

of Memphis and the community.

HEALTH LAW INSTITUTE LAUNCHED AND LED BY NEW DIRECTORAmy Campbell was hired in the fall of 2013

to lead the new University of Memphis

Cecil C. Humphreys School of Law Health

Law Institute. Professor Campbell worked

throughout the fall to develop the program-

matic elements of the institute while also

planning a national health-law symposium

held in April 2014. She has worked to lay

the groundwork for future success via a

variety of new partnerships (in the Mid-South

area) with prominent local hospitals, law firms

specializing in healthcare-related issues,

and a number of governmental agencies.

By launching this new Health Law Institute,

the law school hopes to take advantage of the

fact that Memphis is a uniquely positioned

community for a health law and policy

initiative, being home to major medical

systems, an internationally recognized

children’s hospital, and leading biomedical

device manufacturers. It is an economic

engine for the region, and Professor Campbell

plans to build an institute that uses the law

to advance healthcare at the individual,

population, organizational, and system levels.

Professor Campbell comes to Memphis

Law from SUNY Upstate Medical University,

where she served as an associate professor

of bioethics and humanities, as well as an

associate professor in the department

of psychology. She received her master’s

degree in bioethics from the University of

Pennsylvania, received her J.D. from Yale Law

School, and completed her undergraduate

degree at the University of Notre Dame.

MEMPHIS LAW STUDENTS CONTINUE TO EXCEL IN CLINIC AND EXTERNSHIPS During the fall semester of 2013, nearly 80

third-year law students earned academic

credit and gained valuable hands-on legal

experience through participation in the

University of Memphis School of Law’s

Experiential Learning Program. Twenty-six

students took one of the three in-house

clinical courses—the Child and Family

Litigation Clinic, the Elder Law Clinic, and

the Housing Adjudication Clinic—being

offered by the law school during the fall

semester. In addition, 51 students participated

in the law school’s Fall 2013 Externship

Program, working under the supervision of

judges and attorneys throughout Memphis,

while simultaneously enrolling in a weekly

classroom seminar designed to introduce the

essential habits of the reflective practitioner

and assessment of the skills, relationships,

issues, and mindsets that prevail in the

practice setting.

By launching this new Health Law Institute, the law school hopes to take advantage of the fact that Memphis is a uniquely positioned community for a health law and policy initiative, being home to major medical systems, an internationally recognized children’s hospital, and leading biomedical device manufacturers.

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AMY CAMPBELL

THE LEGACY OF THE TUSKEGEE SYPHILIS STUDY

STUDENT PROFILE: HOLLY PALMERMeet Holly Palmer, a third-year Memphis Law

student and current president of the school’s

Public Action Law Society (PALS). Palmer came

to Memphis Law from a military background

and has utilized the various strengths and

leadership skills—that she learned while serving

in the military—in her successful law school

career. She is currently working as an intern

in the Shelby County District Attorney’s Office,

where she has gained invaluable on-the-job

training to prepare her for life after law school.

“One of the biggest things I learned was how

to be decisive and not be afraid to make the

‘wrong’ decision.”

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ML: What branch of the military did you serve in before coming to law school? Holly Palmer: I served in the Army for five years

on active duty. I spent almost all of my five years with

the 3rd Brigade Combat Team of the 101st Airborne

Division (Air Assault) out of Fort Campbell, Ky. I

deployed twice to Iraq with this unit. We were in Iraq

from September 2005 to August 2006, then again

from August 2007 to November 2008.

ML: What made you decide to come to law school?HP: I’ve thought about being a lawyer on and off ever

since I was in high school. I was antsy to get into the

work force as soon as I completed my undergraduate

schooling, but I actually hadn’t thought much about

law school during the five years I spent in the Army.

However, after completing my active-duty obligation,

I had a very difficult time finding a job. I had not

enjoyed some of the jobs I had in the Army, and I

wanted a job that was going to make me happy.

After being unemployed for over a year, going

back to school for three years sounded like less

of an intimidating time commitment than I’d

previously thought.

ML: What did your time in the military teach you, and how do you think it helps make you a better law student?HP: The military taught me a lot of important life

lessons and gave me skills applicable to any situation,

no matter the career path. One of the biggest things

I learned was how to be decisive and not be afraid to

make the “wrong” decision. There are a lot of ways

to accomplish something. Making the best decision

the first time around is gratifying, but I think the

more important skill is being able to evaluate the

situation after making a decision, remaining calm,

and knowing how to shift your plan to get your

mission back on track. Because of my time in the

military, I’m not afraid to take charge of a project,

even if it’s just to get the wheels turning.

ML: What has your experience working in the district attorney’s office taught you?HP: Working at the DA’s office has taught me how to

deal with people. Adding the human element into

the mix always makes the task more challenging

and frustrating. Law school can give you a range of

techniques, but there is nothing like a little on-the-

job training to help you develop your interpersonal

skills. Attorneys and judges see people on some of

their worst days, and not everyone is in a cooperative

mood. When I see attorneys deal with frustrating

people and situations in a professional manner, it

makes me want to emulate that behavior and be that

consummate professional.

ML: As PALS president, how do you feel the organization can best serve the law school and the Memphis community? HP: PALS serves the law school in two important

ways. First, it provides students with a plethora of

service opportunities, which helps them achieve

their school-mandated pro bono service hours.

Second, the success of the PALS Alternative Spring

Break Program can bring national recognition to

our school and can serve as a platform for attracting

new donors. My hope is that, with the help of new

donors, the law school will be able to offer

fellowships to students interested in public-service

careers. Beyond serving the law school, PALS can also

help meet the legal needs of the community by

promoting partnerships between law students and

practicing attorneys, making for stronger public-

interest law programs in the Memphis area.

Cont’d on pg 27

“My hope is that, with the help of new

donors, the law school will be able to offer

fellowships to students interested in public-

service careers.”

10

He helped establish the United Nations,

was a jurist on the revolutionary Warren

Court, and served as the most trusted adviser to a

U.S. president. Yet this Memphian—who made the

cover of Time Magazine and has been called one

of the most influential individuals of the 1960s—

is just a mention among Bluff City notables.

There is no oil painting at the University of

Memphis School of Law to say a Supreme Court

justice grew up down the street. Nor is his likeness

honored at Rhodes College, his undergraduate

alma mater. The site of his childhood home is

buried under a parking lot by the FedExForum.

No plaque citing he once lived there is anywhere

in sight.

This largely forgotten son of our city is Abe Fortas.

Born to Jewish immigrants in what was then South

Memphis, he became one of the most powerful

voices in our country. Yet, his fall from grace was

fast and stunning, complicating his legacy, so that

even his hometown barely acknowledges his roots.

Now, 50 years after his most famous courtroom

victory, some believe it may be time to give Abe

Fortas another look.

THE MAKINGS OF A GREAT MEMPHIANMuch of what we know about Fortas’ early days

has been documented by University of California

history professor Laura Kalman in “Fortas: A

Biography” (1990). Kalman’s research provides a

vivid picture of Fortas’ life in Memphis and his

relentless work ethic, even at an early age.

Fortas grew up on Linden Avenue in a blue-collar,

ethnically mixed South Memphis neighborhood.

He was born to Jewish immigrants who had left

England to work in the family furniture-making

FORGOTTEN SUPREME COURT JUSTICEFORGOTTEN MEMPHIAN

ABE FORTAS11

business in Memphis. The youngest of five

children, Fortas was described as serious, smart

and hardworking. He graduated at age 16 from a

Memphis public school and won a scholarship to

a private, Presbyterian college called Southwestern

(now Rhodes College). By age 19, he had finished

his undergraduate degree in political science at

the top of his class.

Fortas earned a scholarship to Yale Law School and

would graduate second in his class. (Incidentally, the

top Yale Law grad that year was another Memphian.)

Fortas would stay on at Yale as a professor. He took

his first government position as an adviser to the

Securities and Exchange Commission and later

became undersecretary of the U.S. Department of

the Interior.

In 1946, Fortas left the public sector to found Arnold,

Fortas & Porter. The firm would grow into one of

D.C.’s most prestigious, specializing in corporate law.

Although Fortas reportedly enjoyed the financial

rewards and social connections this work provided,

he also tackled numerous civil rights and criminal

defense matters. These were not popular cases. He

tangled with Senator Joseph McCarthy when Fortas

represented an accused Communist sympathizer. In

Durham v. United States (1953), Fortas reintroduced

psychiatric testimony into court proceedings. That

landmark decision provided criminal defense

attorneys with the ability to use evidence about

a client’s mental state in an insanity plea.

But, it was the case of a small-town drifter that would

make Fortas a primary architect of the American

public defense system.

GIDEON V. WAINWRIGHTIn the summer of 1910, Fortas was born in Memphis.

That same summer, another child was born in

Missouri. The intersection of their lives, some 50

years later, would transform the U.S. justice system.

But, up to that point, their paths could not have

been more different.

Clarence Earl Gideon was born into poverty and

dropped out of school in the 8th grade. At age 13,

Gideon had his first encounter with the law, when

his mother reported him for running away from

home. Throughout his life, Gideon cycled in and

out of jails and prison, mostly for petty crimes. In

1961, he was accused of a theft that would result in

the improbable: A Yale-educated attorney would

advocate for a poor, small-time offender before the

U.S. Supreme Court. And they would win.

In the summer of 1961, someone broke into the

vending machine and jukebox of a seedy pool hall in

the Florida Panhandle. A neighbor claimed he saw

Gideon walking near the bar with a large amount of

change in his pocket. No stranger to law enforcement

in the area, Gideon was arrested and charged. He

asked for a court-appointed attorney because he

could not afford one. His request was denied.

Armed with his middle-school education, Gideon

was forced to defend himself. He lost and was

sentenced to five years.

From his Florida prison cell, Gideon filed a hand-

written brief arguing that the lack of an appointed

attorney was unconstitutional. The Florida Supreme

Court disagreed. But the U.S. Supreme Court would

hear his case. Fortas was appointed his counsel. In

the end, the Supreme Court sided with Gideon.

This decision firmly established that the Sixth

Amendment provides the right to counsel for all

people facing a deprivation of liberty, regardless

of their ability to pay. The Court

further held that providing counsel

for indigent defendants is an

essential element of a fair trial, and that the 14th

Amendment makes states responsible for meeting

this mandate. The Gideon decision created and

expanded the need for public defenders across the

country which, until this time, was a small part of the

criminal justice system.

Coincidentally, Fortas’ hometown had created a

public defender’s office decades before Gideon. In

1917, Fortas would have been in grade school when

a young Memphis lawyer and Tennessee state

legislator helped establish the Shelby County Public

Defender’s Office. Samuel O. Bates was determined

that impoverished defendants should have a right to

an attorney. His will stemmed from a 1915 murder

SITE OF FORTAS HOME

JUSTICE ABE FORTAS

“This is a place where justice has and should mean something. And Abe Fortas is a product of this place.” STEPHEN BUSH

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in which a black man was charged with killing a

white woman in Dyer County, Tenn. The racially

charged case was moved to Memphis, and Bates

was appointed counsel. He spent $500 of his own

money to investigate the crime and discovered

what Dyer County police could or would not find—

the woman’s husband had killed her. Bates won the

case, and the man was freed. A few years later, Bates

was elected a state senator and introduced legislation

that provided Memphis with only the third public

defender’s office in the country.

“In the early 1900s, the people of Memphis knew that

if you faced incarceration, you had the right to an

attorney, even if you were poor,” says Stephen Bush,

Shelby County’s chief public defender. “The man

who argued Gideon v. Wainwright grew up in a city

with an established right to counsel. How might that

have shaped a young Abe Fortas and his expectations

of our country’s justice system? Memphis is the place

where public defense pre-dated Gideon by more than

four decades. This is a place where justice has and

should mean something. And Abe Fortas is a product

of this place.”

FIDDLIN’ ABE FORTASWhat we do know with certainty is how Fortas was

shaped by Memphis music. Throughout his high

school and college years, Fortas worked in family

businesses and earned money playing music. His

father was an amateur musician and encouraged his

son to play the violin. Fortas took lessons from nuns at

St. Patrick’s Church, which was located just a few steps

from his house.

But it was a street, just a few blocks from where he

grew up, that would provide Fortas money and

popular acclaim—Beale Street. A

hub of both black and white

commerce, prostitution,

drugs, and, of course, jazz

and blues, Beale Street was

where Fortas would turn his

classical training into profit. He

became such an accomplished

musician that he earned the

name Fiddlin’ Abe. In the

book “Goin’ Back to Memphis:

A Century of Blues, Rock ’n’ Roll

and Glorious Soul” (1996) by

veteran journalist James Dickerson,

Fortas is referenced as one of the most

dominant Beale Street musicians of the

1920s. At age 13, Fortas started his own

band. They were so successful that they

eventually earned $8 a show. On Beale

Street, where musicians were often paid in

coins, this made him one of the highest

paid Beale Street musicians at that time.

Fortas’ love of music would travel

with him. In Washington, he played

casually with noted artists and became

President Johnson’s unofficial minister

of culture. He wrote the legislation to

establish the Kennedy Center after JFK’s

death. When Fortas died in 1982, a memorial

concert was held for him at the Kennedy Center.

His dear friend, legendary violinist Isaac Stern,

played at the ceremony.

ABE FORTAS AND LYNDON B. JOHNSON

Although Fortas was memorialized with music on a national stage, the history books have not been so kind; that is because Abe Fortas holds the unenviable title of being the only Supreme Court justice ever to resign amid accusations of wrongdoing.

13

Although Fortas was memorialized with music

on a national stage, the history books have not

been so kind; that is because Abe Fortas holds

the unenviable title of being the only Supreme

Court justice ever to resign amid accusations of

wrongdoing. The scandal is muddied by politics

and unanswered questions, but for a sitting

Supreme Court justice, even the appearance

of scandal can be enough to reframe a legacy.

FRIENDS (AND ENEMIES) IN HIGH PLACESThe friendship between Fortas and a future president

began in the 1930s. When Fortas was with the Interior

Department, he met a brash Texas congressman

named Lyndon Baines Johnson. Johnson would

occasionally seek legal advice from Fortas, but the

Memphian’s role as trusted adviser would solidify

in 1948. A federal judge had overruled Johnson’s

Democratic primary Senate win based on allegations

of voter fraud. Fortas successfully convinced the

Supreme Court to overrule the decision, clearing

the way for LBJ to become a U.S. senator.

When Johnson ascended to the White House, he

wanted to take his most trusted adviser with him,

but Fortas resisted a return to public life. He turned

down Johnson’s attempts to make him U.S. Attorney

General. When President Johnson “promoted” Justice

Arthur Goldberg to an ambassadorship, he did so

with the goal of placing his friend and adviser into the

position. Johnson was concerned that portions of his

“Great Society” reforms were in danger of being ruled

unconstitutional and wanted a strong ally on the

court. Fortas declined again, but President Johnson

nominated him anyway.

When Fortas’ nomination was accepted on August

11, 1965, he gave up his lucrative private practice to

earn $39,500 a year and take a seat on one of the

most revolutionary judicial courts in history—the

Warren Court led by Justice Earl Warren. While

Fortas’ loyalty to Johnson may have initially led some

to see him as a puppet for the president, the newest

justice immediately established himself as a strong

progressive voice. He quickly became a champion of

juvenile justice, writing the majority opinions in Kent

v. United States (1966), which extended due process

rights to children. The next year, Fortas took his

advocacy for children further in In re Gault (1967),

which provided children similar constitutional

protections as adults, such as the right to counsel

and the right against self-incrimination.

Fortas consistently sided with the liberal wing of

the party. Some of the most famous cases involved

the rights of students to protest the Vietnam War

(Tinker v. Des Moines Independent Community School

District, 1969), and a decision against states’ rights

to bar the teaching of evolution in public schools

(Epperson v. Arkansas, 1968).

Just three years into his lifetime appointment,

Fortas was on his way to becoming one of the most

influential justices in the court’s history. But ambition

and money would reverse the course of that trajectory.

When Chief Justice Warren announced his plans to

retire, President Johnson saw this as an opportunity

to have his most trusted adviser lead the court. In the

summer of 1968, against his friend’s wishes, once

again, Johnson nominated Fortas. This time, it was

for the chief justice of the U.S. Supreme Court. Penn

State political science Professor Bruce Allen Murphy

documented the events that would unravel all that

had been built in “Fortas: The Rise and Ruin of a

Supreme Court Justice” (1988).

Fortas returned to the bench, but the scandal was

not over. Life Magazine revealed that just before

accepting his nomination to the court, Fortas had

signed a $20,000 retainer for unspecified legal

advice from a Wall Street financier. The client, Louis

Wolfson, was under investigation for stock fraud. The

story alleged the retainer was intended to buy Fortas’

influence to thwart criminal charges or request a

presidential pardon, if needed. Fortas denied ever

trying to intervene for Wolfson. He also returned

the money.

But this was 1969. The previous year, Johnson had

decided not to run for another term, under the

cloud of the Vietnam War, sinking popularity, and

failing health. Richard M. Nixon was now in the

White House. Fortas’ close friendship with Johnson,

and now two scandals involving money, placed the

already embattled Supreme Court squarely in the

crosshairs of a splintered Democratic party and

newly empowered Republicans. Cont’d on pg 27

BEALE ST. CIRCA 1920

FORTAS AND JOHNSON

14

Digital Image ©2010, Memphis Public Library & Information Center.

All rights reserved.

With three microbreweries—High Cotton Brewing, Wiseacre Brewing Co., and Memphis Made Brewing Co.—having opened their taps within the past year, it seems as though Memphis has caught onto something that locales such as Asheville, Boston, Denver, and Nashville have known for a while, that craft beer is good for the souls of both the individual and the community. Yet, for all of the quicklyearned popularity and ensuing civic pride surrounding these new microbreweries, there were a variety of zoning issues and archaic laws that were obstacles to this movement coming to fruition in Memphis. Several Memphis Law alumni and passionate citizens, ranging from brewers to attorneys and city personnel, worked together to ease these barriers in a friendly, non-adversarial discourse that should protect businesses and neighborhoods in the future, as well as create a new sense of community and surge of economic development in the city.

15

Despite the movement bubbling under the surface

here in Memphis, and practically overflowing in

other areas of the country, the Memphis zoning

code did not anticipate such enthusiasm.

“It classified breweries in one sweeping definition,

and that’s the old-fashioned, very noxious, huge,

million-square-foot brewery,” says Josh Whitehead,

planning director for the Memphis & Shelby

County Office of Planning and Development and

a Class of 2005 University of Memphis School of

Law graduate.

Because of such a designation, microbreweries

would be relegated to out-of-the-way areas of town,

without foot traffic and consumers. But the new

microbreweries have plans beyond just the brewing

of beer. They open themselves to the public,

welcoming the community they are a part of to

sample beers and educating their customers. In the

parlance of urban planning, such destinations are

called “third places.” It isn’t home; it isn’t work—it’s

that place people gather to talk about home and

work, to share their dreams and hopes and air their

troubles. It is a concept that’s paramount, not just

for the profit-seeking microbrewery owner, but also

for communities, and its necessity is seen from the

bottom to the top, from the friends meeting after

work in order to decompress, to the offices of

government leaders. “We want to create, and

encourage businesses to create, interesting

places and spaces for people to walk, for

people to bike… and gather and talk and

get to know each other and exchange

ideas; it really is a quality-of-life issue,” says Maria

Fuhrmann, special assistant to Mayor A C Wharton.

The first order of business was to define the

elements being discussed, mainly microbreweries,

taprooms, and a variety of language in the city

ordinances. A microbrewery, according to the

Brewers Association, is defined as a brewery that

produces fewer than 15,000 barrels of beer a year.

A barrel is 31 gallons or two kegs. The three micro-

breweries currently up and running either have or

plan to have tasting rooms or “taprooms,” gathering

spaces where customers can order and drink beer

on the premises or purchase growlers (sealed 64-

oz. glass jugs) to take away. Such a room needed

defining as well, and is done so in Section 9 of

the amendment to the City of Memphis code

of ordinances in accordance with the Unified

Development Code. The amendment states that

“…a Brewery tasting room is an adjunct to the

primary business of manufacture and sale to

wholesale or retail establishments. It being the

intent of this ordinance to encourage the growth

of local business and tourism while protecting

the public welfare and morals.”

Once these terms were understood, it had to be

decided just where such an establishment could

actually be located. For these microbrewers,

anything other than a commercial district with

nearby neighborhoods would not fit the business

model of a third-place destination.

“We preach about how the new zoning code,

the Unified Development Code, promotes

pedestrianism and tighter urban neighborhoods,

and it does do that, but in this context, it was just

doing the same thing its predecessor zoning code

was doing and separating uses that maybe no

longer need to be separated,” Whitehead says.

Having the zoning designation changed from light

industrial to commercial projects was “one of the

least controversial” aspects of the various overhauls

that were happening at the time, says Brice

Timmons, co-owner of High Cotton Brewing, in the

Edge District. More than a brewer, he is an attorney

with Black McLaren Jones Ryland & Griffee P.C. and

a 2010 graduate of Memphis Law, and has worked

extensively on redrafting the city’s beer codes.

The larger problem came with the beer code itself,

which didn’t provide for a bar or restaurant without

having at least 40-percent food sales. Microbreweries

are, by nature, mostly wholesale and partially retail.

With a brewpub like Boscos, and its extensive menu,

this wasn’t an issue, but none of the newbies in

town had any interest in a kitchen or menu.

With three microbreweries—High Cotton Brewing, Wiseacre Brewing Co., and Memphis Made Brewing Co.—having opened their taps within the past year, it seems as though Memphis has caught onto something that locales such as Asheville, Boston, Denver, and Nashville have known for a while, that craft beer is good for the souls of both the individual and the community. Yet, for all of the quicklyearned popularity and ensuing civic pride surrounding these new microbreweries, there were a variety of zoning issues and archaic laws that were obstacles to this movement coming to fruition in Memphis. Several Memphis Law alumni and passionate citizens, ranging from brewers to attorneys and city personnel, worked together to ease these barriers in a friendly, non-adversarial discourse that should protect businesses and neighborhoods in the future, as well as create a new sense of community and surge of economic development in the city.

WHITEHEAD

16

“You had to be a restaurant serving meals at tables

with a full menu; it wasn’t as basic as serving

something to just sort of snack on,” Timmons

says. “I think the law actually says ‘meals consisting

of at least one meat and one vegetable,’ so you

can’t even be a vegetarian restaurant and serve

beer, technically.”

He and Whitehead were able to have the city

amend the code to exempt microbreweries from

that requirement when they were operating

within certain norms.

Thanks to these Memphis Law alums, a micro-

brewery is now allowed to serve beer without the

required food sales, as long as specific provisions

are maintained. These provisions state that the

microbrewery must not engage in the sale of any

alcoholic beverage other than beer manufactured

on the premises; it does not derive more than 25

percent of its gross annual income from the sale

of beer for consumption on the premises; it does

not open to the public for any period between the

hours of 12:00 a.m. and 12:00 p.m.; and it must

offer water or other non-alcoholic beverages at

no cost.

Bars and purveyors of beer and alcohol, in

the current code, must adhere to a distance

requirement of a 250- to 500-foot radius from

churches, parks, libraries, or schools. The amended

code allows for a microbrewery’s taproom within

that distance, as long as it adheres to the provisions

stated above, as well as remaining “closed to the

public on Sundays, and if located within such

radius of a school or residential dwelling, shall

remain closed to the public on Sundays and

shall close to the public each Monday through

Thursday no later than 10:00 p.m., this section

being intended to prevent traffic congestion, to

reduce noise and to protect the public welfare

and morals of the community.”

“All of the things that you would probably want

any good business neighbor in your community

to do, we tried to include in the code,” Timmons

says, adding, “But what we worked with the city to

do is to eliminate regulations that were specifically

oppressive to our industry or forced us to be in

a different business. We’re in the beer brewing

business, we don’t want to be restaurants.”

Whitehead presented the new amendments to

the Unified Development Code and those to

the alcohol code to the Memphis City Council

as a package. It was the first amendment to

the alcohol code in many years and, he said,

“probably the first of many amendments.”

It was imperative that the distinctions between

breweries, those solely in the business of crafting

beers for (mostly) wholesale distribution, and a

normal restaurant or bar be put in black and white

and on the books from the beginning. Laws within

the city’s alcohol code, what Whitehead says are

“zoning-like” regulations, apply to the situation.

When that code says a bar has to be a certain

number of feet away from a church or school or

park, even when that property may no longer be

used as such, the restrictions could still apply, and

that is language usually found in the zoning code.

“But in our alcohol code, you find that language

and that presents a problem (because) the

zoning code has something called the ‘board of

adjustment,’” Whitehead says. “In Tennessee,

alcohol commissions, or beer boards, do not have

that discretion.”

There is no right for the beer board to grant a

variance for any exceptional circumstance. When

“We’re in the beer brewing business, we don’t want to be restaurants.”

BRICE TIMMONSHIGH COTTON BREWING

ANDY ASHBY + DREW BARTON MEMPHIS MADE BREWING CO.

17

such boards across the state have granted them

in the past, those decisions get thrown out.

“The courts have been pretty unanimous in their

disagreement with alcohol commissions acting in

that manner,” Whitehead says.

Despite the new wording, and what Kellan Bartosch,

co-owner of Wiseacre, calls an “opportunity for

progress” when it comes to the archaic laws

governing beer and alcohol in the city, when he

and co-owner, brother Davin Bartosch, took their

concept for Wiseacre and their taproom in front of

the beer and alcohol commission—the first to do

so—there was some confusion.

“But nobody was really that pushy,” Kellan says.

“Aubrey Howard [administrator of the city’s

permits office] knew that this was the first one, so

he was kind of fielding questions and helping us go

through the process.”

The general consensus, from the districts that are

seeing these breweries open up, to those that make

and change the laws, to the Mayor’s Innovation

Team, to the mayor’s office itself, seems to be that

this is a good thing for the communities and the city

as a whole.

In the Cooper-Young neighborhood, partners

Drew Barton and Andy Ashby are under way with

Memphis Made. Barton has a degree in zymurgy

management from the University College at the

University of Memphis and may be the only person

in the school’s history to graduate with a degree in

beer. He worked for more than three years as head

brewer for French Broad Brewery in Asheville,

N.C. Like the Bartosch brothers, he came

back to Memphis to invest in his hometown,

evidenced by the renovation of a 6,500-square-

foot former pie factory in Cooper-Young that

Memphis Made calls home.

The economic positives are easy to enumerate,

beginning with the economic investment notable

within each community. Wiseacre has invested just

over $1 million in its 13,000- square-foot facility with

High Cotton putting in half of that amount, and

Memphis Made half again. Each new microbrewery

has plans to hire additional workers as their business

plans expand. Ghost River employs more than a

dozen and has recently expanded its output,

doubling production to 12,000 barrels a year,

with an investment to the tune of $700,000.

While the fixed-distance requirement, as well as

others, still exists in the code, Whitehead, along

with Timmons and Howard, and city attorney

Roane Waring, III, have worked to grant an

exemption from those distance requirements for

microbreweries. The work doesn’t stop there,

however, and a complete rewriting of the beer code

is under way. The intent is to begin with a kind of

baseline ordinance, so that those wishing to open

a beer-based business going forward will, at the

very least, be able to go into it with full knowledge

of what is allowed and what is not.

The changes in Memphis are happening quickly,

with microbreweries coming online, followed

quickly by retailers that sell only craft beers by the

drink, as well as growlers to take home. There is no

provision for them, currently, under the beer laws,

but the team is redlining the old laws to create a

workable system to benefit the industry and ensure

a level playing field to promote success.

“It’s about changing the culture of the city around

beer,” Timmons says. He reaches back to beer laws

from the 19th century: “There’s this concern that

every time that you sell beer, you’re running the

risk of a moral hazard, that you could damage a

community by creating an environment where vice

will run rampant.”

Far from it, Timmons and the others see such

businesses as boons for a neighborhood and the

city’s economy as a whole. Future laws are focusing

on permits that apply to locally brewed beers in

nontraditional containers or through a tap. The

laws need to be reflective of the current state of

business, as well as open to what might be on the

horizon, and the laws are being rewritten with such

generalities considered.

The team working on the new codes is working

with all governmental parties concerned, and,

Cont’d on pg 30

DAVIN + KELLAN BARTOSCHWISEACRE BREWING CO.

18

TRUE BLUEALUMNI SPOTLIGHT

EDWARD L. STANTON, IIIEdward L. Stanton, III, is a lifelong Memphian

and graduate of the University of Memphis Cecil C.

Humphreys School of Law, where he received his

J.D. in 1997. In April 2010, Stanton was nominated

by President Barack Obama for the position of

U.S. attorney for the Western District of Tennessee

and was sworn into office in August of that same

year. Prior to becoming U.S. attorney, Stanton

served as senior counsel with FedEx®, where he

was a member of the commercial litigation team.

He also served as an assistant city attorney for the

city of Memphis and was in private practice

with two Memphis firms.

U.S. Attorney Stanton is a former president

of the Ben F. Jones Chapter of the National Bar

Association and has served as a board member

of the University of Memphis School of Law

Alumni Chapter, as a fellow of the Memphis and

Shelby County Bar Foundation, and on the board

of the Downtown Memphis Commission.

“I am deeply invested in making

this city and community a better place, so being

U.S. attorney is more than just a job

for me.”

19

ML: Who has been your greatest inspiration, both personally and professionally? What influences and teachings has he or she imparted to you?Edward L. Stanton, III: My parents have been

the greatest and most important influence on my

life. I continue to aspire to the model of integrity,

character, and work ethic that they set for me.

They’ve made countless sacrifices for me and have

always taught me to put faith and family first. As

for inspiration, my wife and kids are my greatest

influence. I am motivated by them (and learn from

them) each day. Professionally, former Shelby

County Circuit court judge, the late James E.

Swearengen, was an influential mentor of mine.

I had the privilege of being a law clerk for this

trailblazing pioneer who was also one of the first

African-American graduates of the University of

Memphis School of Law.

ML: Why did you go to law school?ES: I have always wanted to be an agent of change

and to advocate for those in the community who

need someone to stand up for them. Law school at

the University of Memphis provided this opportunity.

Notwithstanding all the lawyer jokes you might

hear, I still believe law is one of the most noble

of all professions. From the Bill of Rights to civil

rights, lawyers have always been on the front lines

of making this country and world a better place.

ML: What led you to the U.S. Attorney’s Office?ES: Since serving on the student council as a fifth-

grader at Idlewild Elementary, public service has

always been a passion of mine. It was an honor

to even be considered for the position of U.S.

attorney, and I was deeply humbled when President

Obama nominated me. While it was hard to leave

a company for which I truly enjoyed working, the

opportunity was simply one I could not pass up.

ML: What do you find most challenging about the legal landscape in the Western District?ES: From my perspective, the biggest administrative

challenge our office faces is the federal govern-

ment’s budget climate. My staff is constantly asked

to do more with less, and the combination of

sequestration, the government shutdown, and

the department’s hiring freeze has been difficult.

But fortunately, the U.S. Attorney’s Office has a

dedicated and talented staff of public servants, and

we have not and will not let the budget challenges

compromise our mission of protecting the

vulnerable and seeking justice.“I have always

wanted to be an agent of change and to advocate for those in the community

who need someone to stand up for them.”

ML: What were the most important lessons that you took from your time with FedEx as senior counsel to your position as U.S. attorney? ES: Working at FedEx, one certainly learns

a lot about global commerce and how

interconnected today’s world is. The world

is a lot smaller than it used to be, thanks to

the internet and technological advances. As

the chief federal-law-enforcement officer in the

district, I have seen how this interconnectedness,

unfortunately, is no different for those engaged

in crime. Whether, it’s human trafficking, financial and

healthcare fraud, or the distribution of dangerous drugs,

criminals are crossing state and national borders more often.

Although these criminals are using new tools and techniques to

try to stay ahead of the authorities, we and our law-enforcement

partners work diligently to hold them accountable and

bring them to justice.

ML: Was staying in Memphis important to you when making your career choice? How does being from Memphis help drive your passion to serve the community?ES: Absolutely! From preschool to law school, I was

educated right here in Memphis. The University

of Memphis School of Law provided me with a

top-notch legal education at an affordable rate,

and it prepared me well for the rigors of being

a practicing attorney. When I graduated, I

dedicated myself to serving this community, in

particular. Of course, Memphis is a city with a

distinct character, great people, and enormous

potential. Most important, Memphis is where I

live, work, and worship, and it is where my wife

and I choose to raise our family. I am deeply

invested in making this city and community a

better place, so being U.S. attorney is more

than just a job for me.

20

“What was most impressive to me was his interaction with our students. He really does view law students as his primary audience.” PETER LETSOU

A DAY AT MEMPHIS LAW with U.S. Supreme Court Justice

ANTONIN SCALIAUnited States Supreme Court Justice Antonin Scalia spent a day in

Memphis in December 2013, devoting his time to Memphis Law faculty, staff, students, and the legal community at a variety of events.

21

Perhaps what was most impressive about the

justice’s visit was the amount of time he devoted

to sharing his thoughts with students and the

legal community. The justice spent close to

eight hours speaking to various audiences and

opened all of his programs up to a unique

question-and-answer format that resulted in

some interesting insights.

The whirlwind of events included a private lecture

with faculty and staff in the law school’s Historic

Courtroom, a VIP reception at the Peabody

Memphis with state and federal judges and

Memphis Law Alumni Chapter board members,

a public luncheon at the Peabody with over 800

guests, a small-scale reception and Q & A at the

law school with student leaders, and an hour-long

program in Wade Auditorium with the entire

student body.

Scalia touched on several key points throughout

the day, echoing his opinions and sentiments

about a variety of issues at each event. Gridlock,

originalism, the structure of our government, the

Constitution and the role of the judiciary were

among the highlighted topics at each stop.

“Gridlock is what the Constitution is designed for,

so that only good legislation can get passed,” he

said in his speech at the Peabody luncheon. The

justice went on to stress that the Constitution’s

provisions for separation of powers are what gives

American democracy its enviable uniqueness, its

“structure,” emphatically pointing out that this

structure is not to be found in the Bill of Rights,

but in the original frame of the Constitution—

that which allows for two contending legislative

chambers, an executive with separately derived

authority, and an independent judiciary. Scalia

stated that it is this basic structure that “prevents

the concentration of power in one person, in one

party,” he pointed out to audiences throughout

the day. “All of the rest is just words on paper,”

Scalia said. The justice also emphasized that,

while the Supreme Court of the United States

makes important decisions about federal matters,

it is really the state Supreme Courts that make

the biggest difference in the daily lives of most

Americans. It’s these courts, as well as the House of

Representatives, that really have their finger on the

pulse of what is going on in the country, according

to Scalia.

Dean Peter Letsou was impressed not only by the

justice’s busy schedule, but also by his ability to

interact with law students in a relatable, yet

impressive manner. “I think he was a great example

of himself. He has some strong views and he

says them forcefully and clearly,” Dean Letsou

remarked. “What was most impressive to me was his

interaction with our students. He really does view

law students as his primary audience. He dissents a

lot and turning younger minds, at least letting them

understand his views directly from his mouth—I

think it’s important to him. He didn’t have to field

so many questions, yet he did, and he did so in a

manner that actually taught students something

and challenged them to think about their answers.”

At all of his stops in Memphis, Scalia displayed an

easy, sometimes slightly sardonic sense of humor,

with an affable demeanor. During the Q & A

session at the Peabody luncheon, an audience

member who was asked to pose a question to the

justice stood up and praised the justice for his

work and inspirational decisions. After hearing

him out patiently, Scalia observed humorously,

“That wasn’t a very good question.” Later in the

day, he was asked by a student if he had read a

tome by liberal Justice Stephen Breyer, “Active

Liberty,” to which Scalia answered wryly, “I’ve

scanned his book.”

This historic visit successfully captures the positive

momentum that the law school has experienced

in recent years. Students and alumni alike praised

the event, regardless of their personal or political

views, stating that it was simply a monumental

occasion that our law school could bring someone

so prestigious in to speak with the students and

the legal community in such a variety of formats,

and with such direct interaction.

While everyone at Memphis Law was ecstatic about

how the day turned out, with students and alumni

beaming with pride for their school, Scalia gave

one final glimpse into his unique personality.

Summing up his visit, the justice characterized his

mission this way: “I go around to law schools just to

make trouble.”

“What was most impressive to me was his interaction with our students. He really does view law students as his primary audience.” PETER LETSOU

22

ALENA ALLENProfessor Allen was one of four authors selected to present an article at the Health Law Scholars Workshop by the American Society for Law Medicine and Ethics at St. Louis University. She also recently published an article titled “Regulating Health and Wealth” in the Cardozo Law Review.Professor Allen was also admitted to participate in the George Mason LEC Economics Institute for Law Professors in June 2014.

LYNDA WRAY BLACKProfessor Black’s article “The Birth of a Parent: Defining Parentage for Lenders of Genetic Material” was accepted for publication by the Nebraska Law Review in the June 2014 volume. In addition, Professor Black will be part of a SEALS 2014 Discussion Panel on the topic “Designing an Estate-Planning Course.”

JEREMY BOCKProfessor Bock’s article “Error-Correction at the Federal Circuit” from the N.Y.U. Journal of Intellectual Property and Entertainment Law was selected via competitive blind review for presentation at the 6th Annual Junior Scholars in Intellectual Property Workshop at Michigan State University College of Law in October 2013.

AMY CAMPBELLProfessor Campbell co-authored the article “Interprofessional Education for Future Physicians: Including Legal Competencies” in the Medical Science Educator, relating to her work with the ASLME Health Law Professors’ Conference, and planned additional grant-funded task-force work.

DONNA HARKNESSProfessor Harkness’ article entitled “What Are Families for? Re-Evaluating Return to Filial Responsibility” appeared in Vol. 21, Issue 2 of The Elder Law Journal. Professor Harkness also spoke on the topic “Ethical Considerations When Representing the Elderly Client” as part of the National Business Institute’s CLE program in October 2013 on Resolving Legal and Financial Issues in Elder Care. 

D.R. JONESProfessor D.R. Jones’ article “Protecting the Treasure: An Assessment of State Court Rules and Policies for Access to Online Civil Court Records” was published in the Drake Law Review in 2013. The article was distributed in the LSN Information Privacy Law eJournal, the LSN Cyberspace Law eJournal, and the LSN Information & Technology eJournal.

After the distribution of this article, Professor Jones was invited to participate in the 6th Annual Privacy Law Scholars’ Conference in June 2013 at Berkeley Law School. The Conference was sponsored by the Berkeley Center for Law & Technology and the George Washington University Law School. Professor Jones presented her paper “Locked Collections: Copyright and the Future of Research Support” at the Workshop on Legal Information and Information Law and Policy. This paper was accepted for publication in Law Library Journal. In August 2013, Professor Jones presented another paper topic at the 14th Annual Intellectual Property Scholars’ Conference held at the Benjamin N. Cardozo School of Law in New York City. The incoming president of the American Association of Law Libraries (AALL) recently appointed Professor Jones to serve as the vice chair/chair-elect of the AALL Copyright Committee.

BORIS MAMLYUKProfessor Mamlyuk participated in an academic conference titled “Russia Between Asia and Europe” in Moscow and Perm, Russia, from May 27 to June 2, 2013. The conference was organized by Rossotrudnichestvo, under the jurisdiction of the Russian Ministry of Foreign Affairs. Professor Mamlyuk also participated in the Institute for Global Law and Policy Conference and Colloquium at Harvard Law School from June 2 to June 8, 2013. He presented remarks on a forth-coming article (with Dr. Karolina Zurek) titled “Political Economy of a 21st Century Corporate Mass Merger: Walmart-Massmart and the Future of Global Governance.”  

ANDREW McCLURGProfessor Andrew McClurg’s article “Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation” will be published in the Hastings Law Journal. Professor McClurg’s proposed statute has been incorporated by the Florida Task Force to Strengthen Laws to Protect Vulnerable Adults as part of its recommendations for legislative action. Professor McClurg was a panelist at the Plough Foundation’s breakfast event, The Silent Epidemic: Elder Maltreatment and Victimization—A Community Response. Among the other panelists was University of Memphis law graduate Amy P. Weirich, district attorney general for Shelby County.

STEVE MULROYTexas Tech Law School hosted Professor Mulroy in a faculty exchange through the South Central Association of Law Schools. He spoke on “Raising the Floor: Constitutional Principles on the Public Policy Exception to the Employment at Will Doctrine,” which will be published by Florida State Law Review, co-authored by Amy Moorman of Elon Law.

IN THESE HALLS: FACULTY ACCOMPLISHMENTS

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DANNY SCHAFFZINProfessor Danny Schaffzin’s article “Warning: Lawyer Advertising May Be Hazardous to Your Health! A Call to Limit Commercial Solicitation of Clients in Pharmaceutical Litigation” will be published in a forthcoming issue of the Charleston Law Review. During the 2013 Southeastern Association of Law Schools (SEALS) Annual Conference, Professor Schaffzin made two invited presentations as part of the Conference’s Workshop on Experiential Education: In a discussion group session entitled “Experiential Legal Education—Assessing the Present and Imagining the Future,” he presented an essay entitled “So, Why Not an Experiential Law School?” The essay will be published in a forthcoming issue of the Elon University Law Review. In a panel program entitled “Hot Button Issues in Field Placement Courses,” he presented on the topic of “Classroom Is Crucial: The Importance of the Externship Seminar Component in the Advancement of Field Placement Pedagogy.” Professor Schaffzin served on the Planning Committee for the Clinical Legal Education Association’s New Clinicians Conference in San Juan, Puerto Rico, and, along with Professor Margaret Moore Jackson, presented “Clinical Legal Education: The Lay of the Land” at the Conference in April 2013. Professor Schaffzin presented a poster entitled “Clinic Student as Teacher: Developing Professionalism and Transferrable Skills Through Student-Led Community Workshops” at the AALS Clinical Conference in San Juan, Puerto Rico, in April 2013.

JODI WILSONProfessor Wilson’s latest article, “Proceed with Extreme Caution: Citation to Wikipedia in Light of Contributor Demographics and Content Policies,” was published in the Vanderbilt Journal of Entertainment and Technology Law in early 2014.

CHRIS ZAWISZAProfessor Zawisza made the following two presentations: “Trial Skills for Children in the Courtroom,” Memphis and Shelby County Juvenile Court CLE, October 18, 2013; and “Legal Issues in Education Law,” at the University of Memphis Department of Education Student Teaching Seminar, in October 2013. Professor Zawisza was also a Tennessee trainer for the National Institute for Trial Advocacy/Tennessee Administrative Office of the Courts program on Trial Advocacy for the Child Welfare Attorney in July of 2013 in Murfreesboro, Tenn. Professor Zawisza also gave two presentations in Amsterdam, in the Netherlands in 2013, at the 33rd International Congress on Law and Mental Health. The first, with Professor D’lorah Hughes from the University of Arkansas School of Law, was titled “Teaching Cross-Cultural Competence in Law Schools: Understanding the ‘Self’ as ‘Other.’” The second was titled “Therapeutic Jurisprudence Marries the Rules of Professional Conduct: The Alternative Spring Break Model.”

SPRINGFIELD FAMILY

The Cecil C. Humphreys School of Law has a long history

with Jim Springfield (LLB ’60) and his family. The family’s

patriarch, C. L. Springfield, Sr. (LLB ’31), started the tradition,

before the school was even officially a part of the University

of Memphis. Spanning four generations, the Springfield

family is an example of dedication and support to Memphis

Law. Members of the Springfield family stopped by Memphis

Law recently to visit our history room (where an original

photo of C. L. Springfield, Sr., resides) and have a photo

made commemorating their legacy. The family has taken

steps to ensure that other Memphis Law students receive

valuable financial support to attend Memphis Law and has

provided a scholarship to incoming 1L students.

C. L. Springfield, Sr., LLB, University of Memphis School of Law, June 1931

James F. Springfield, Sr., LLB, University of Memphis School of Law, January 1960

Sidney Springfield Evans, JD, University of Memphis Cecil C. Humphreys School of Law (Presidential Scholarship), May 1983

Robert Scott Evans, 2nd-year law student, University of Memphis Cecil C. Humphreys School of Law (Presidential Scholarship)

’31’60’83

2L24

The Hon. Richard McCully was awarded the 2013 Outstanding Alumnus Award by the University of Memphis College of Arts and Sciences Alumni Chapter.

John I. Houseal, Jr., from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of mediation, construction litigation, healthcare law, and insurance law. Mr. Houseal was also named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare” and was recently selected for inclusion in Mid-South Super Lawyers in the areas of healthcare, insurance coverage, and construction litigation.

M. Anderson Cobb, Jr., from the firm of Harris Shelton Hanover Walsh, was listed in the 2014 edition of The Best Lawyers in America and selected as the vice chancellor of the Episcopal Diocese of West Tennessee.

Clyde Crutchfield earned his certification as a Section 31, listed general litigation mediator.

Douglas Earthman was listed as a leading U.S. Attorney in the areas of real estate and secured lending in the Chambers USA 2013 guide. He was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of real estate law, securitization, and structured finance law. Mr. Earthman was also recently selected for inclusion in Mid-South Super Lawyers in the areas of bonds/government finance and real estate.

John Noland, of the firm Henderson, Franklin, Starnes & Holt, was selected for inclusion in the 2013 Florida Super Lawyers magazine.

Ralph Thomas was recently named to the Order of the Palmetto—the highest civilian honor in the state of South Carolina.

James D. Wilson, from Harris Shelton Hanover Walsh, was listed in the 2014 edition of The Best Lawyers in America and named a Mid-South Super Lawyer in 2013. Mr. Wilson was also named a fellow of the American College Trial Lawyers.

James L. Kirby was selected for inclusion in the 2014 edition of The Best Lawyers in America and was named a Mid-South Super Lawyer by Mid-South Super Lawyers magazine in 2013.

Edward J. McKenney, Jr., was named the Memphis Municipal Law “Lawyer of the Year” in the 2014 edition of The Best Lawyers in America.

Jim Summers, of Allen, Summers, Simpson, Lillie & Gresham, was selected by Mid-South Super Lawyers Magazine as a Mid-South Super Lawyer in the field of construction litigation for 2013. Mr. Summers was selected for inclusion in the 2014 edition of The Best Lawyers in America. Additionally, he was elected president of the Tennessee Association of Construction Counsel for 2014.

W. Steven West was named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare.”

Charles W. Hill, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of commercial litigation, labor and employment litigation, and employment law. Mr. Hill was also recently selected for inclusion in Mid-South Super Lawyers in the areas of employment and labor, securities legislation, and business legislation.

R. Hunter Humphreys was listed as a leading U.S. attorney in the areas of real estate and secured lending in the Chambers USA 2013 guide. Mr. Humphreys was selected for inclusion in The Best Lawyers in America (2014 edition) in the area of real estate law. Hunter was also named as one of the Top Lawyers in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Banking & Finance Law,” based on Martindale-Hubbell’s AV Preeminent

ratings, and was recently selected for inclusion in Mid-South Super Lawyers in the areas of real estate and business/corporate law.

Lancelot L. Minor, III, a partner with the Memphis law firm of Bourland Heflin Alvarez Minor & Matthews, was selected as a 2013 Mid-South Super Lawyer by the publishers of Mid-South Super Lawyers magazine.

Douglas P. Quay, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of corporate law and tax law.

Pauline Weaver was elected as delegate-at-large for the American Bar Association’s House of Delegates and recently received the Nelson Award from the ABA’s Government & Public Sector Lawyers Division for outstanding service to the ABA. Ms. Weaver was elected Treasurer of the Division. She was chosen as one of 100 Women Who Make a Difference—by the Center for Research on Women at the University of Memphis—and was an observer for the ABA to the Military Commission Hearings in Guantanamo (Cuba). Ms. Weaver is also the 2014 National Law Day Chair for the ABA.

Jocelyn Wurzburg was recently awarded the Jocelyn D. Wurzburg Civil Rights Legacy Award at the 50th Anniversary of the Tennessee Human Rights Commission. Ms. Wurzburg was also recently inducted into the Tennessee Women’s Hall of Fame, alongside former University of Memphis President Shirley C. Raines. Ms. Wurzburg received the “Be the Dream” Martin Luther King, Jr., Legacy Award in early 2014, and the annual Grayfred Gray Mediation Award from the Tennessee Association of Professional Mediators in late 2013.

Randall B. Womack, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of environmental law and environmental litigation. He was named in the same publication as the Memphis Lawyer of the Year for 2013, in the area of environmental litigation. Mr. Womack was recently selected for inclusion in Mid-South Super Lawyers in the area of environmental law.

Steven Douglass was selected as a 2013 Mid-South Super Lawyer by the publishers of Mid-South Super Lawyers magazine and was listed in the 2014 edition of The Best Lawyers in America.

Charles C. Drennon, III, was listed in the 2014 edition of The Best Lawyers in America.

Linda Warren Seely received the 2014 Marion Griffin-Francis Loring Award at the 2014 Association for Women Attorneys Banquet in January 2014.

Lynn A. Gardner, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the area of real estate law.

David Pickler was named the 66th president of the National School Boards Association on April 15, 2013. Pickler was also announced as the 2013 National School Board Member of the Year in September 2013. He accepted the prestigious Bammy Award, which “identifies and acknowledges the extraordinary work being done across the entire education field every day.”

William L. Bomar, from the firm of Glankler Brown, was selected for inclusion in The Best Lawyers in America (2014 edition) in the areas of medical malpractice law and personal injury litigation. Mr. Bomar was named a Top Lawyer in American Lawyer/Corporate Counsel’s “2013 Top-Rated Lawyers in Healthcare.”

This past November, the Department of Justice and the Attorney General awarded Steve Parker The John Marshall Award for Outstanding Legal Achievement for Participation in Litigation. The award was for the litigation of the United States v. City of New Orleans.

ALUMNI: SETTING THE BAR

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Rice Byars, Jr., was listed in the 2014 edition of The Best Lawyers in America. He was also named a member of the Estate Planning Council of Memphis for 2013 and a member of the Economic Club of Memphis.

Jim Strickland received the Public Servant Award in honor of Bobby Dunavant on February 27, 2013. This award was established to recognize distinguished work by public servants of the citizens of Memphis and Shelby County.

In November 2013, Michael E. Cross retired with 21 years of service, as a lieutenant colonel in the U.S. Army Judge Advocate General Corps (JAG), Tennessee Army National Guard. He served in Iraq, Germany, Korea, Italy, Kuwait, and Bulgaria.

Jim Simpson, of Allen, Summers, Simpson, Lillie & Gresham, was selected by Mid-South Super Lawyers magazine as a Mid-South Super Lawyer in the field of employment and labor for 2013.

Michael Cooley was promoted to VP and general counsel of Barr Brands International.

Molly Glover recently joined the law firm of Burch, Porter & Johnson in Memphis. Her practice focuses on general litigation and mediation.

Shea Sisk Wellford was elected as secretary treasurer of the Memphis Bar Association.

Kirk Caraway was elected President of the Memphis Bar Association for 2014. He was also selected as a “Super Lawyer” in the field of labor and employment by Law & Politics and was recently selected one of “Tennessee’s Top-Rated Lawyers” by American Lawyer Media.

Jackson Lewis P.C., one of the largest workplace law firms in the world, representing management, announced that Richard (Rick) C. Paul joined the firm’s Memphis office as Of Counsel.

Tanja Thompson, of the firm Littler Mendelson, was named the Employer co-chair for the ABA’s Committee on the Development of the Law Under the National Labor Relations Act and was one of the editors-in-chief of the labor law treatise “The Developing Labor Law,” 2013 Supplement to the 6th Edition.

Ronald T. Catelli was elected to the position of first vice-president of the Monmouth Bar Association, Monmouth County, New Jersey, in May 2013, and will assume the role of president-elect in May 2014, and president in May 2015. He was recently appointed to the New Jersey Supreme Court, District IX (Monmouth County), Fee Arbitration Committee.

Allison Gilbert was listed in the 2014 edition of The Best Lawyers in America and listed as a Mid-South Super Lawyer, Rising Star in 2012. She is also a current board member and past president of the Ronald McDonald House of Memphis, and a recently named advisory board member of Lambda Alpha International, Memphis Chapter.

Christopher Lamberson was recently selected for inclusion in Mid-South Super Lawyers as a Rising Star in the areas of real estate, business/corporate, and mergers and acquisitions.

The Hon. Rachel Bell was recently elected to serve as Davidson County General Sessions judge for Division VIII (8). She was elected to fulfill the remaining two-year term from the vacancy left by her predecessor, Judge Leon Ruben.

Matthew J. Kirby was selected as treasurer of the technology section of the Memphis Bar Association for 2014.

Kyle I. Cannon was selected to the 2013 Tennessee Super Lawyers list as a Rising Star.

Jay Ebelhar was named as a new shareholder of the firm Baker, Donelson, Bearman, Caldwell & Berkowitz.

Don L. Hearn was recently selected for inclusion in Mid-South Super Lawyers in the areas of business litigation, employee benefits/ERISA, and construction litigation.

Andy Wohlfarth was named a shareholder of Evans Petree P.C. His law practice focuses on estate planning, probate administration, and tax. Kannon Conway was named to the 2013 Tennessee Super Lawyers list as a Rising Star.

Lewis Lyons was named a Rising Star by Mid-South Super Lawyers in 2013. He was invited to present a seminar at the Memphis Bar Association’s annual Bench-Bar conference in Destin, Fla., in May 2014, and was admitted to membership in the Transportation Lawyers Association in 2013.

Tyler Smith was named a member of Leitner, Williams, Dooley & Napolitan, PLLC, in their Knoxville office.

Tricia M.Y. Tweel was named as the vice chair for 2013 of the Memphis Bar Association, Probate and Estate Planning section.

Thornell Williams, Jr., was named a shareholder at Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.

Brian L. Yoakum joined Evans Petree P.C. as a shareholder. Mr. Yoakum’s practice primarily focuses on commercial litigation and corporate law.

Jessica Benton was named to the 2013 Tennessee Super Lawyers list as a Rising Star.

Charles Holliday was named to the 2013 Tennessee Super Lawyers list as a Rising Star.

Harry Lebair, IV, of Allen, Summers, Simpson, Lillie & Gresham, was selected as a Mid-South Super Lawyer, Rising Star by Mid-South Super Lawyers magazine in the field of construction litigation for 2013.

Mark T. Jobe joined the firm of Glankler Brown as an associate.

Derek Carson, former law clerk for the Hon. Terry R. Means, U.S. District Judge, Northern District of Texas, Fort Worth Division, joined Cantey Hanger LLP as an associate. He will focus his practice within the firm’s general litigation section.

Rachel Militana joined the Tennessee General Assembly in the Office of Legal Services as a legislative attorney.

Razvan Axente joined the firm Shook Hardy & Bacon in Tampa, Fla.

Joshua Baker joined the firm of Martin, Tate, Morrow & Marston.

Andrew Droke joined the law firm of McNabb, Bragorgos & Burgess, PLLC, in Memphis.

Caroline Giovannetti joined the law firm of Harris Shelton Hanover Walsh in 2013 as an associate attorney. She was named the president of the Saint Agnes Young Alumnae Association in 2013.

Zach Jones joined the firm of Stites & Harbison in the Construction Service Group.

Jake A. Kasser joined the firm of Glankler Brown as an associate in 2013.

Gavin Smith joined the Shelby County District Attorney’s Office.

Chase Teeples served in two recent clerkships, one with the Hon. Bernice B. Donald, circuit judge, United States Court of Appeals for the Sixth Circuit, in Memphis. The second clerkship (beginning in Sept. 2014) will be with the Hon. William O. Bertelsman, senior district judge, United States District Court for the Eastern District of Michigan, in Covington, Ky.

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Student Profile: Holly Palmer Cont’d from pg 10

ML: Discuss an instance that you’ve experienced while in law school that has made an impact on you and what you want to do with your career.

HP: During my 1L year, a friend convinced me to spend a Saturday morning

volunteering at a general advice legal clinic by Memphis Area Legal Services

(MALS). For the first portion of the morning, I spent time helping clients

fill out forms and identify their basic legal issues. During the second half, I

was assigned to an attorney and got to sit in on several client interviews. The

rawness of this interview process surprised me. Several clients cried as they

told their stories, or just seemed emotionally drained from the problems

they were facing. Although this didn’t influence my intended career path,

it made me realize the importance of pro bono work. The MALS Saturday

legal clinic made me realize that I have a duty as a professional to provide

access to the justice system for those of limited means. No one has time for

pro bono. You have to make time. And I just want to be a part of helping

people solve their problems.

Abe Fortas Cont’d from pg 14

So, at the urging of several fellow justices, and to avoid the possibility of

impeachment, Fortas resigned from the Court. His decision was based on his

concern for the reputation of the Court and that of his wife, Carol Eggers, a

prominent tax attorney. Fortas later said he also resigned to remove the focus

from fellow justice and close friend William O. Douglas, who was also under

investigation for accepting outside money. As a result of these scandals, the

American Bar Association later revised its policies on Supreme Court justices

accepting money from other sources.

Following his resignation, the law firm he helped found refused to hire

him. Fortas managed to establish another successful firm, even arguing

a case before the Supreme Court. He was awaiting the outcome of that case

when he died of a heart attack in Washington, D.C., on April 5, 1982. Fortas

was 72 years old.

THE LEGACY OF ABE FORTASDespite his hasty and humiliating departure from the Supreme Court, Fortas

is honored with a painting at Yale University, his law school alma mater. Each

year, his undergraduate school, Rhodes College, recognizes its top pre-law

student with an award in his name.

“If you look back, what he was accused of seems technical and minor

by today’s standards… and somewhat political. I think there’s a certain

inclination to shun him in a way that is probably very unfair,” says Marcus

Pohlmann, Rhodes political science professor and coach for the school’s

mock trial team. “He was a very important jurist. His Supreme Court stint

was short and in other times, he probably would have survived. If what he

accomplished is any indication, he might have been a giant.”

“No one has time for pro bono. You have to make time. And

I just want to be a part of helping people solve

their problems.”

“If you look back, what he was accused of seems technical and minor by today’s standards… and somewhat political. I think there’s a certain inclination to shun him in a way that is probably very unfair.”

MARCUS POHLMANN

27

David A. Cook, an alumnus of the University of

Memphis School of Law and president of the

Hardison Law Firm, has become a local expert on

Fortas. He recently conducted research for a CLE

he presented about his fellow Memphian. Cook

acknowledges that even though historical accounts of

Fortas’ life always end with his alleged wrongdoings,

there is much more to admire about the courage this

brilliant attorney displayed in the courtroom.

“Fortas has been vastly overlooked, and it’s regrettable

that his public career came to a conclusion,” says

Cook. “But what an individual. What a man he must

have been to rise… from where he started… to those

heights. And to have the intellectual honesty to do

what he thought was right in the courtroom,

regardless of the consequences.”

Hugh Francis, a 2013 Memphis Law grad, is a first-

year associate with the Hardison firm and assisted

Cook with the Fortas research. Francis admits that

until recently, he didn’t know Fortas was from

Memphis. That’s something he’d like to see change

for everyone.

“I would think that anyone who could make it from

Memphis to sitting on the Supreme Court of the

United States should receive more recognition in

the city,” says Francis.

In the last few years, Fortas’ work has received a great

deal of attention in his hometown. The majority

opinions delivered by Fortas in Kent (1966) and In

re Gault (1967) have guided the investigation and

reforms of Shelby County’s juvenile justice system.

This past December marked one year since Shelby

County signed an agreement to avoid a costly, drawn-

out lawsuit with the U.S. Department of Justice. The

Memorandum of Agreement was the result of a five-

year DOJ investigation of the Shelby County Juvenile

Court. The Justice Department charged that

the Court failed to uphold due process for

children, and that black children were not

provided equal protection from the law.

Today, a majority opinion written four decades

ago by a Supreme Court justice from Memphis

reminds us what a fair justice system should

look like, especially for our children:

“Gault expounded upon the deficiencies in

juvenile courts, noting that ‘departures from

established principles of due process resulted

not in enlightened procedure, but

arbitrariness.’ Gault, 387 U.S.

at 18. Gault focused not on

creating a system of rigid

formality, but on ensuring

that juveniles were afforded

the protections of due

process. In essence, the

Court outlined important

constitutional proces—the

right to counsel, the right

to notice of the charges,

the right to confront

witnesses and the

right to be free

from compulsory

self-incrimination” (Investigation of the Shelby

County Juvenile Court, U.S. Department of Justice

Civil Rights Division, April 26, 2012).

Much like the city of his birth, Fortas’ life is

complicated and, in places, troubling; yet, his

impact on our country is profound. His story does

not fit neatly into the template for “Local Boy

Does Good,” but Abe Fortas may very well be the

most remarkable Memphian of our time.

“What a man he must have been to rise… from where he started… to those heights. And to have the intellectual honesty to do what he thought was right in the courtroom, regardless of the consequences.” DAVID A. COOK

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Sadly, Memphis is typical of most American cities,

struggling to meet the demand for quality criminal

defense in its justice system. In 2012, the 75-plus

lawyers in the Shelby County Public Defender’s

Office provided advocacy in over 30,000 cases. As a

result, many of our lawyers have workloads well in

excess of any recognized national standard.

When I first joined the Shelby County Public

Defender’s Office in the fall of 2000, I had just

graduated from the University of Memphis School

of Law. The United States was well on its way to an

unprecedented incarceration rate, which today is

the highest of any nation in history. As a poor urban

center with a large minority population, Memphis

was in the midst of an epidemic. I was assigned

to Division 10 of Shelby County General Sessions

Criminal Court, and just days after receiving my

law license, I was in court with dozens of cases per

day, just as my colleagues had been for years. Over

the last decade, the workloads have continued to

increase as the growth of arrest and incarceration

rates has slowed only slightly.

Today, a first-year public defender in Memphis, and

in public defense systems around the country, can

expect to take on workloads just like I did more

than a decade ago, and there is little relief in sight.

Since the monumental holding in Gideon 50 years

ago, state and local governments have yet to fully

assume the responsibility of what it means to

provide zealous advocacy for every citizen facing

potential incarceration.

There is hope, however. The problem of under-

resourced and overworked public defenders

has led to some innovative solutions and much-

needed attention. One such solution is Gideon’s

Promise, which has placed and helped train several

new attorneys in the Shelby County Public Defender’s

Office over the last three years. Gideon’s Promise

is a national organization committed to creating a

community of advocates that drives reform from

within troubled public defense systems across the

South. Through its partnerships with law schools and

public defender offices like ours, Gideon’s Promise

is helping recruit and train the next generation of

public defenders.

U.S. Attorney General Eric Holder has been an

advocate for the cause of public defense reform

during his tenure as the nation’s highest-ranking law

enforcement official. His Justice Department has

made unprecedented strides toward parity in the

criminal justice system. Most recently, the DOJ filed

a statement of interest in Wilber v. City of Mt. Vernon, a

pending Washington state case with public defender

workloads and the right-to-counsel mandate of

Gideon at its center. Holder has made it clear that the

United States government is paying close attention to

the public defense crisis in America and will continue

to support reform efforts, wherever they exist.

Of course, much closer to home here in Memphis,

another Department of Justice action has resulted in

the creation of a Juvenile Defender Unit in Shelby

County. In the well-documented 2012 findings

of the DOJ, the defender function at the Shelby

County Juvenile Court was found to be a significant

contributor to the unconstitutional outcomes cited

in the report. As a result, the state of Tennessee

and Shelby County have combined to support a

specialized team of public defenders and a better

system for training and assigning private advocates

for the children of Shelby County.

While the right-to-counsel hopes of the Gideon

Court are far from being realized, it has never

been a more exciting time to be a public defender.

The next 50 years of public defense has begun on

a promising note, and with the help of the next

generation of passionate and determined lawyers,

public defenders will continue to advance the cause

taken up by Abe Fortas more than five decades ago.

THE RIGHT TO COUNSEL IN MEMPHIS: 5 0 Y E A R S A F T E R G I D E O N

GIDEON

With a groundbreaking, unanimous right-to-counsel mandate from the highest court in the land, it is easy to imagine how the 1963 Gideon decision could have been the foundation for a criminal justice system blind to class and ability to pay. However, 50 years later, we have nothing of the sort.

“The problem of under-resourced and overworked public defenders has led to some innovative solutions and much-needed attention.”

JOSH SPICKLER

29

Black-Letter Brewing Cont’d from pg 18

once drafted, the new codes will be presented to

the Memphis City Council. The team is looking

at a time frame of spring 2014 for the completion

and presentation.

While this radical rethinking of beer is going on

locally, at the state level there is a push among

brewers and wholesalers to change the state’s

definition of beer to include malt beverages

containing up to 10-percent alcohol by weight

(twice the current percentage allowed), which

“would essentially free us up to brew the same

range of beers that are brewed in most other

states,” Timmons says. “We are one of the last

Southern states holding out the old low-gravity

beer definition.” This change would remove these

“big beers” from being regulated as liquor, and

place them under the same permit as beer and in

the jurisdiction of local governments.

The question was recently posited via cyberspace

by Nashville, a city already aboard the craft-beer

trend and home to Yazoo Brewing Company:

“What in the hell is Memphis so happy about?”

The answer may be a giddiness for the fact that

so many disparate entities—city government,

entrepreneurs, community collectives, and

districts—are willing to come together to make

it a more livable and enjoyable and, therefore,

more profitable city.

Why would the mayor join a ribbon-cutting

for a brewery’s opening as he did at Wiseacre

last August? The answer is summed up best by

Timmons, the visionary Memphis Law alum:

“Microbreweries help bring communities back

together. We’re starting to see people care about

rebuilding the community, and part of that is

having a great brewery or string of breweries that

people can sort of rally behind as the local beer.

It gives people a sense of place, a sense of cultural

identity, a shared sense of community that really

only comes from whatever the local drink is. There

is something very essential to civilization about

sitting around and sharing a drink.”

“We’re starting to see people care about rebuilding the community, and part of that is having a great… string of breweries that people can sort of rally behind as the local beer… There is something very essential to civilization about sitting around and sharing a drink.”

30

1 North Front Street Memphis, TN 38103-2189

PRESORTED Non-Profit Org

U.S. POSTAGE PAIDMEMPHIS, TN

PERMIT NO. 207