in it for the

the magazine of the Appalachian School of Law

Summer 2011

the current

Also inside

ASL unveils improved website

Shinn to step down in 2012

Honoring the Class of 2011 uu

Professor’s radio show hits airwaves

Alums who helped start ASL Memorial 5Kstill racing after nine years

long run

2

dean’s perspective

the currentis published twice a year by

the Appalachian School of Law. Send

comments, questions, and alumni

updates to current@asl.edu.

Editor, designer: Saundra Latham

Photos: Saundra Latham, Jason McGlothlin, Kelsey Kradel, student and alumni

submissions

Contributors: Saundra Latham, Wes Shinn, Tom Scott, Judie Barger, Katie Murray,

ASL alumni

Cover: Runners take to the streets in last year’s Memorial 5K. Tripp Hunt ‘11

and Lindsey Dennerlein ‘11 celebrate after commencement April 30.

tt The Current is now online! Go to issuu.com/appalachian_school_of_law

to read this issue and previous editions.

Ihave recently informed ASL’s Board of

Trustees executive committee that I will

be stepping down from the office of dean

on June 30, 2012.

After taking a year of leave, I plan on

resuming my teaching career full time. Guiding

young people through the discovery of the

rule of law in the classroom is the most satisfy-

ing job in the legal profession. After 25 years

of practice and 14 years of teaching, I am

excited about returning to the classroom.

The advanced notice will provide the Board

of Trustees a full academic year in which to

conduct a nationwide search for a new dean,

who will then have a year to become familiar

with ASL before preparing for the next Ameri-

can Bar Association accreditation visit, which

will occur under revised standards. The longer

lead time will also allow ASL to avoid appoint-

ing an interim dean for just one year.

A dean’s search committee will soon

begin the process of locating a new dean.

If the committee is successful, the candidate

will likely be selected in the spring of 2012.

The new dean should be familiar with regula-

tions of legal education and also be a recog-

nized academic scholar, with experience or

reputation in natural resources.

Since becoming the seventh dean of ASL

in December 2006, I’ve been honored to help

ASL progress in several areas. Some notable

milestones:

Accreditation. The American Bar Associa-

tion awarded ASL full accreditation in 2006

and reaccreditation in 2008.

Faculty growth and stability. Since

December 2006, nine tenure-earning, full-time

faculty members have been recruited and

hired, with seven remaining with the current

faculty, constituting a growth of more than

40 percent. Of the nine new faculty, three

added to gender diversity, and four added to

racial diversity of the faculty. During the same

time period, seven faculty members have

earned tenure, meaning that they have taught

at ASL—and resided in Buchanan County—

for at least six years. More than half of the

current faculty is now tenured, a significant

milestone for a relatively new law school.

Innovative 1L grading system. ASL

developed a grading system for first-year

students that deemphasizes artificial competi-

tion by eliminating the traditional grade-based

ranking among peers.

Administration advancements. Recog-

nizing the need for a strong role model and

mentor for female students, I appointed San-

dra McGlothlin as the first woman to serve as

associate dean for academic affairs. I also cre-

ated the position of associate dean for infor-

mation services, filled by Charlie Condon,

and named Tommy Sangchompuphen assis-

tant dean for student learning and outcomes.

Natural Resources Law. ASL has

partnered with the Virginia Tech College of

Natural Resources for a certificate of graduate

studies program and acquired the building at

1432 Walnut St. to renovate into a Natural

Resources Center. We are considering adding

a Certificate in Natural Resources Law within

the juris doctorate program and a separate but

integrated master of laws degree in Natural

Resources.

Fiscal stability. In each of the fiscal years

since 2006, ASL has operated without public

support funds and has had net positive results.

In a challenging economic and regulatory

environment, ASL continues to do good work,

producing community leaders who are lawyers.

I have been privileged to serve ASL as dean

during these interesting and challenging years

of growth and maturation as an institution. n

“I will be stepping down as dean onJune 30, 2012 ...

After 25 years of practice and

14 years of teaching,I am excited about

returning to theclassroom.”

Summer 2011 n 3

ASL launcheslong-awaitednew website

around campus

ASL launched its new website in March,

concluding more than a year of work by

both outside professionals and a school

committee to revamp the school’s online home.

The website features a sleeker, more modern

appearance, and places greater emphasis on com-

municating with prospective students. It is easier

to navigate than the old site,

and all content is edited with

greater readability in mind.

The school’s Board of

Trustees “recognized that the

virtual structure and presence

of the website has become a

capital asset as important to

ASL as the physical bricks and

mortar in Grundy, perhaps

more important since our

location makes a physical visit

a more intentional trip,” said

Dean Wes Shinn. “If we can

get prospective students to the campus, our program sells itself.

Getting them to the campus is the challenge, and the new website

is designed by professionals in higher education webpage design”

to attract them.

“Recruiting is the primary reason we invested in the new web-

site,” said Nancy Pruitt, director of Student Services and chair

of ASL’s website committee. “Our target population ‘lives’ in an

interactive and virtual world. They don’t respond to the old paper-

based or static marketing methods. We have a split

second to make a good first impression.”

ASL has a story to tell, Pruitt noted, “and

our former website wasn’t telling our unique

story.” The new site focuses on ASL’s intimate

atmosphere, community service, and practical focus.

The site, designed by higher-education marketing firm

STAMATS Inc. of Cedar Rapids, Iowa, uses a state-of-the-art

content management system that streamlines the website publica-

tion process. Now, several users can create and control content

instead of one.

Other staff members who have worked on the

project include site administrators Brian Ratliff,

Brian Presley, and Crystal Dye, content editor

Saundra Latham, Chris King, Adrienne Hurley,

Tammy Bentley, Denise McGeorge, Assistant Dean

Tommy Sangchompuphen and Associate Dean

Charlie Condon. n

The new website, launched in March,

above, emphasizes recruiting more than

the old website, left, with more fluid,

recently updated content.

tt Career fairStudents mingle with prospective employers

at the Spring Career Fair, held April 9. Several

employers sent complimentary notes about

students, turnout, and event organization

afterward, and attendees included at least

a half-dozen alumni representing law firms

and alumni networking.

ABA student division honors ASL’s efforts

ASL was presented with the

Bronze Key award at the Ameri-

can Bar Association Law Student

Division’s Fourth Circuit meeting in

Williamsburg, Va., in February.

The award honored ASL for its highest

percentage increase in membership in the

circuit. Membership has increased by more

than 75 percent at ASL, which now boasts

a membership of more than 175 students.

“This is definitely something for which

ASL should be very proud,” said Katie

Murray ’11, ASL’s ABA representative.

“We are in a circuit with some of the

nation’s top law schools.”

ASL also achieved prominence this

school year when Garylene Javier ’12 was

tapped to serve as governor of the circuit.

ASL brought an 11-member student

group to the meeting, the largest con-

stituency there. Students gained insight

into several topics, including non-tradi-

tional legal career options and law practice

innovations. Panels focused on how stu-

dents can stand out in a tight job market.

The ABA Law Student Division’s

Mental Health Initiative was also a focus

at the meeting. The initiative aims to help

students recognize warning signs of men-

tal health issues and deal with school-re-

lated stress. ASL’s own efforts, such as its

Mental Health Day and Pilates wellness

program, were highlighted. “These are

great outlets we have at our school to help

students ‘de-stress’ during one of the

most stressful times of their education,”

said ASL Student Bar Association

President Meghan Scott ’11.

The Law Student Division Fourth

Circuit is made up of 17 law schools in

North Carolina, South Carolina, Virginia,

and West Virginia. Other member institu-

tions include Duke University School of

Law, University of North Carolina School

of Law, University of Virginia School of

Law, Washington and Lee School of Law,

and William and Mary Law School. n

– Katie Murray

ASL was represented at the ABA Law Student Division Fourth Circuit meeting by Chelsea Minton ’13, Mary McNeil ’11,

Melissa Louthen ’13, Katherine Kennedy ’13, Maggie Ransone ’11, Katie Murray ’11, Meghan Scott ’11, Jason

Gallagher ’11, Nate Ogle ’13, Jonathan Moody ’13, and Candice DuVernois ’13.

4 n the Current

Eugene Belenitsky ’11 was awarded

second place in the College of Workers’

Compensation Lawyers national writing

contest this spring.

Belenitsky’s paper focused on how

Virginia courts do not extend the death

presumption, a presumption that an em-

ployee who was found dead died in the

course of his employment, to employ-

ees who were discovered dying and later

died without communicating what hap-

pened. Ultimately, Belenitsky argues that

the death presumption has actually cov-

ered such employees from its establish-

ment. He examines Virginia precedent

and discusses emergency services that

blur the line between life and death.

“I became inspired to write this

paper while working on a case in my

externship at the Virginia Court of

Appeals,” Belenitsky said. “I entered

the contest because I had passion for

the issue and wanted it published.”

The College of Workers’ Compensa-

tion Lawyers honors attorneys who

have distinguished themselves in the

area of workers’ compensation law.

Writers were encouraged to comment

on or critique a public policy issue, case

or doctrine, or statute regarding work-

ers’ compensation.

Belenitsky won $1,000 for his

efforts. Professors Stewart Harris

and Doug McKechnie and Writing

Center Coordinator Saundra Latham

helped along the way, he noted. n

Belenitsky takes second place in national writing contest

ASL Moot Court racked up

another successful showing at

the Wechsler National Criminal

Law Competition in Buffalo on April 2.

Trey Martin ’11 was named Best

Advocate, placing first out of 52 competitors. Martin and Brian Scheid ’11,

who was last year’s Best Advocate, also advanced all the way to the team com-

petition’s final round, where they argued before a panel of federal and New

York Court of Appeals Judges. They were narrowly edged out by Mercer in a

split decision.

“I am always pleased to argue against some of the top-ranked law schools

in the country,” Scheid said. “The level of competition is high and any ASL

student should know we are right there with them.”

This year marks the fourth time in the last eight years that an ASL team has

argued in the final round at Wechsler, and the fourth time in as many years that

ASL has won the Best Advocate award. Not only has ASL won more first-

place awards than any other school in the history of the competition, but ASL

has also argued in the final round and won the Best Advocate award more

times than any other school. The team is coached by Professor Judie Barger.

The final-round bid and Best Advocate awards won by Martin and Scheid

make them the most decorated Moot Court team in ASL history.

“Professor Barger does an excellent job preparing our team for the legal

aspects of the Moot Court problems, but she also has a very good feel for how

this particular competition operates,” Scheid said. “We are never surprised by

anything presented to us on the day of the competition.”

“It is an honor to be an ASL student, and it is an honor to be involved with

the Moot Court program,” Martin said. “It is an experience that has developed

me as a future lawyer and will define the remainder of my days.”

ASL’s Mock Trial team missed advancing to the semifinal round by three

points, placing fifth in the American Association of Justice Mock Trial Regional

Competition in Washington, D.C., March 4-6. Team members were James

Downey ’11, Katie Murray ’11, Ed Nicholson ’12, and Nate Ogle ’13.

Professor Tom Scott coached the team.

ASL bested Fordham and Georgetown, losing only to American, one of

the finalists, in a highly competitive match.

“I would be most pleased to sit with any of them at counsel table,” Scott

said. “Team members selflessly gave up their spring break to practice daily.

This bodes well for great things to come.”

Mock-trial tryouts for next year’s team will be held early next fall. The team

hopes to participate in at least two competitions next year. n

– Judie Barger and Tom Scott

Summer 2011 n 5

around campus

Moot Court brings backanother win

Ward Armstrong, Virginia House of

Delegates minority leader, spoke to the

ASL student body in March on his life as

both a lawyer and state politician.

Armstrong, who has practiced law for

roughly 30 years, called himself a “dying

breed” as a solo practitioner. “When I first

opened my law office, a judge told me I’d need to

have an assistant, but that assistant would make

more than me the first year—and it was true.”

Despite that, Armstrong said he has always

enjoyed working for himself. Being a solo practi-

tioner exposed him to a range of law, he said, and

enabled him to get involved in state politics, too.

“I can see clients all weekend, and use Skype for

face-to-face conversations

when I’m in Richmond. Most

courts and judges recognize

that I’m not on vacation ...

that it’s public service.”

Dividing his energy

between politics and law has

been expensive, he said. He

estimates that serving as a

state legislator cost him

$150,000 in lost legal revenue last year.

Politically inclined law students should get

involved in the local party, and head back to their

hometowns to bolster old connections, he said.

To create buzz for a first campaign, Armstrong

advised students to seize on an issue that res-

onates with everyone, citing rising electric bills as

an example. “Politics is always an issue of ‘What

can I do for you?’” he said.

Similarly, fledgling lawyers cannot forget to

advertise, he said. “If people don’t know you’re

there, you can’t get clients.” Social networking can

be an effective tool, he said, “but be careful what

you post. Remember that you have all the privacy

of a glass box on Times Square.”

Armstrong’s daughter, Courtney Armstrong,

is a member of ASL’s Class of 2012.

Armstrong

Finding balancebetween the law,state legislature

Trey Martin ’11 and Brian

Scheid ’11. Martin was named

Best Advocate this year; Scheid

was Best Advocate last year.

Mock Trial teamnarrowly missesberth in semifinals

A blue ribbon on ASL’s front gate hon-

ors two slain Buchanan County deputies

(1) ... Revelers take to the dance floor at

the Valentine’s Fete in February (2) ...

Runners take off from the starting line

during the Memorial 5K in March (3) ...

Jesse Markley ‘12 plants tree seedlings

at Poplar Gap to mark Arbor Day (4) ...

Jerry Ward from the Backpack Bless-

ings program accepts donations from

ASL and the Appalachian College of

Pharmacy during April’s Clash in the

Coalfields. More than 350 backpacks

full of food were donated (5).

1

2

3

4 5

around campus

6 n the Current

Participants in the Black Law Student Association’s

Apollo Night rub the Tree of Hope for good luck during

their performances (6) ... Jordan Kozik ‘13 and Bradley

Yates ‘11 clean trash from the banks of a local stream

as part of the Environmental Law Society’s annual river

clean-ups (7) ... Members of ASL CARES, a group that

works with the Buchanan County Animal Shelter, accept

their award after being named Student Organization of

the Year at the annual awards dinner in March (8).

7 8

6

Summer 2011 n 7

around campus

8 n the Current

faculty spotlight

Patrick Baker

presented at the

7th annual 30th

Judicial District

Bench Bar Confer-

ence in Big Stone

Gap, Va., in March.

His talk was titled

“The Mine Safety

Health Administrative Case

Backlog and Ramifications.”

Stewart Harris presented his article,

“The Jew Who Beat Henry Ford,” at the

Second International Conference on

Hate Studies at Gonzaga University

in Spokane, Wash., in April.

Winner of Faculty Scholarship

Award uu Derrick Howard’s article

“21st Century Slavery: Reconciling

Diplomatic Immunity & the Rule of

Law in the Obama

Era,” will be

published in the

University of

Alabama’s Civil

Rights and Civil

Liberties Law

Review in Decem-

ber. Howard was

awarded the 2010-11 Faculty Scholar-

ship Award for the article. Another

article, “A Modest Proposal: An Emerg-

ing Dialogue for Implementing the

Human Right to Water” is to be pub-

lished by the Seattle Journal of Envi-

ronmental Law in April or May.

Michael Loudenslager spoke in

April at the Southeast Regional Legal

Writing Conference in Macon, Ga., on

“What Lincoln Can Teach Us About the

Art of Persuasion.” Last May, he

presented at the

Empire State Legal

Writing Conference

in Hempstead, N.Y.,

on “Rule Proof,

Rule Explanation,

Rule Illustration

Section – Whatever

You Want to Call It,

Students Need Help Doing It Well,

and Here are Some Ways to Help

Them.” He was also recently pub-

lished in the University of Florida Col-

lege of Law’s Journal of Technology

Law and Policy. His article was “Why

Shouldn’t Attorneys be Allowed to

View Metadata?: A Proposal for Al-

lowing Attorneys to View Metadata as

Long as Extraordinary Measures Are

Not Taken to Do So and Opposing

Counsel is Contacted Upon Discovery

of Sensitive Information.”

Professor Stewart Harris has

created a radio program on the

U.S. Constitution that airs each

week on East Tennessee State Uni-

versity’s National Public Radio sta-

tion, WETS-FM.

Harris also hosts the program,

“Your Weekly Constitutional,”

every Tuesday at 8 p.m.

The program is meant

to boost public knowledge of

the Constitution, Harris

said, and “discuss current

events that involve the

Constitution in an enter-

taining and informative

fashion.”

The first program,

which aired March 1, tack-

led states’ rights to secede

from the U.S. Other topics

have included the mosque

debate in New York City,

eminent domain, evolution

versus intelligent design, and judicial

activism.

Harris was inspired

to pitch the program

after seeing an

article about

programming

changes at WETS. Station

manager Wayne Winkler

liked the idea so much, Harris

said, that he’s become the show’s

producer.

While the Constitution is a complex

topic, making it more digestible for the

public isn’t hard, Harris said. “It’s what I

do every day in class. Remember, law

students are members of the public, too.

I find that the most effective way to

teach them is to use relevant, entertain-

ing anecdotes … The same principle

applies on the radio. First and foremost,

engage your audience.”

One way he tries to do

that is by discussing current

events that have constitu-

tional implications, such as

the debate over the constitu-

tionality of health care legisla-

tion. “Lots of people have

strong opinions on the sub-

ject, but I wonder how many

of those people have actually read the

Constitution, let alone studied the more

than 200 years of interpretation that

have followed,” he said. “Opinions are

fine—the First Amendment protects

them. But I prefer informed opinions.”

Though he’s used to a more tangible

Recent faculty scholarship

HowardBaker Loudenslager

Harris hits radio waves with new show

Summer 2011 n 9

faculty spotlight

Doug

McKechnie’s

“Don’t Daze,

Phase, or Lase Me

Bro!: Fourth

Amendment

Excessive Force

Claims, Future

Non-lethal

Weapons and Why Requiring an

Injury Cannot Withstand a Constitu-

tional or Practical Challenge” will be

published in the University of Kansas

Law Review in October.

The second edition of Steve Parsons’

textbook, The ABCs of Debt: A Case

Study Approach to Debtor/Creditor

Relations and Bankruptcy Law,

was released by Aspen Publishers

this spring. It covers how debt is cre-

ated, the debt collection process, and

the discharge or

reorganization of

debt in bankruptcy.

Paula Young

was a presenter

and trainer at the

Virginia Mediation

Network’s spring

conference in March in Richmond. In

April, she served as a judge in the ABA

Representation in Mediation Competi-

tion and a panelist at the ABA Section

of Dispute Resolution 13th Annual

Conference in Denver. She will present

at the Summer Conference of the Insti-

tute for Law Teaching and Learning as

well as the 10th Annual Conference of

the Association for Conflict Resolution

in New York in June. She authored the

chapter “Supervision, Rehabilitation

and Liquidation of Troubled Insurance

Companies” in

Missouri Insurance

Practice and “The

ADR Toys and Tools

Show: Using Props

in the Law School

Classroom,” in

Gerald Hess’ forth-

coming Techniques

for Teaching Law II. “Teaching the

Ethical Values Governing Mediator

Impartiality Using Short Lectures,

Buzz Group Discussions, Video Clips,

a Defining Features Matrix, Games, and

an Exercise Based on Grievances Filed

Against Florida Mediators,” is forth-

coming in Pepperdine Dispute Resolu-

tion Journal. “Teaching Professional

Ethics to Lawyers and Mediators Using

Active Learning Techniques” was

published in Southwestern Law

Review last year.

McKechnie Parsons Young

audience during classes at ASL, Harris

said he imagines that he’s “just talking

to someone sitting across the table.”

It takes a village to produce a radio

show, though, and ASL students have

been eager to help. Harris has teamed up

on air with several of his third-year

Constitutional Law students: Joannie

Burroughs ’11, Chris Menerick ’11,

LaTri-c-ea McClendon ’11, Michelle

Caggiano ’11, Andrew Meyer ’11, Jason

Grace ’11, Ashley Rudolph ’11 and Eu-

gene Belenitsky ’11. He hopes to keep

adding to that list. Carol Hutchinson,

assistant to the associate dean, helps

schedule guests for the show, Harris said,

“and she is utterly fearless. She will cold

call anyone.”

The show also features the Constitu-

tional Quiz, during which “quiz lady”

Kelly Carmichael tests the knowledge

of braver listeners. Carmichael is coordi-

nator of We the People Virginia and edu-

cation outreach manager at the Center

for the Constitution at James Madison’s

Montpelier. Harris met Carmichael at the

We the People state finals, where he grills

students on the Constitution.

Harris said he has started to receive

positive feedback through email, the

show’s fan page on Facebook, and old-

fashioned verbal compliments. “I should

also mention that several potential under-

writers have expressed interest, including

one lawyer who wants to be the show’s

exclusive sponsor—that is, he wants to

exclude other lawyers from underwriting

the show,” Harris said. “Nothing says, ‘I

love you’ quite like money.”

The drive down to Johnson City is

long, Harris said, but “it’s all about plan-

ning and routine.” He has condensed his

trips to two or three a month, and uses

the time to discuss upcoming shows with

student assistants or identify things to

improve. Ultimately, though, the work is

worth it, he said: “I’m having a blast.”

And while he hopes the show fulfills

its primary purpose, boosting public

knowledge, “I certainly won’t mind if the

show raises ASL’s profile.” ASL

“was founded to serve this region. This

is simply one more way to serve.” n

To learn more, earch for “Your Weekly

Constitutional” on Facebook to become a fan.

Find out about becoming a Constitutional Quiz

contestant and listen to full episodes on the

ASL website, www.asl.edu.

Professor Stewart Harris’ show,

“Your Weekly Constitutional,” airs at

8 p.m. Tuesdays on East Tennessee

State University's 89.5 (WETS-FM).

10 n the Current

ASL held its 12th annual commencement April 30 at

Riverview, recognizing the 93 members of the Class

of 2011.

“Commencement marks an end, but also a beginning”

for the graduates, noted Dean Wes Shinn. “You have become

students of the law for life” and members of a privileged

profession, he said. “We are proud of your achievements

and will follow your careers

with pride.”

The commencement

speaker was Paul E. Patton,

former governor of Kentucky

and current president of

Pikeville College. He was intro-

duced by The Honorable Birg

Sergent, a retired judge from

the 30th Judicial Circuit of Vir-

ginia and member of the ASL

Board of Trustees.

Patton excelled in business

as a mining industry leader, government as a state politician,

and education as a college president, Sergent said. “Maybe

some of that success can rub off on us.”

Patton compared the gravity of careers in law and

government, saying, “The reason you chose the law is to

earn a paycheck, but the law is more than a paycheck—it is

the foundation of our society.” He urged ASL graduates to

take the responsibility seriously and commit themselves to

making the right choices every time, even when those choices

are unpopular. In both careers, “the reward of making a dif-

ference in others’ lives outweighs the barbs you will receive,”

he added.

The student speaker, an honor that goes to the student

who graduates first in his or her class, was Thomas Luke

Fleming ’11, a 2003 graduate of Grundy High School.

Fleming grew up in nearby Mouthcard, Ky., and has lived

in Grundy for the past seven years, interning twice with the

Buchanan County Commonwealth Attorney. His local roots

highlight the fact that “central to ASL’s mission is opportunity

for the region’s residents,”

Shinn said.

Fleming said that after

supporting and befriend-

ing one another over the

past few years, the Class of

2011 leaves ASL “not as

classmates, but colleagues.

“Regardless of where

we came from, hard work

has brought us here. We

now have the power to

change people’s lives.”

Class of 2007 graduate and ASL Assistant Professor

Patrick Baker issued the alumni challenge to the graduates,

urging them to reach out to fellow alums for support. He re-

minded them that all new alumni will “become a beacon for

the institution.” Baker also presented Fleming with the Sutin-

Blackwell Award for Excellence.

Associate Dean Sandra McGlothlin presented the

graduates with their hoods, and Shinn awarded the degrees.

Professor Steve Parsons gave the invocation and benediction.

Faculty members instituted a new tradition by formally wel-

coming all new graduates to the profession with a handshake

after the ceremony concluded. n

The Class of 2011

“ ... The lawis more than apaycheck—it isthe foundationof our society.”

— former Kentucky Gov. Paul E. Patton

12th annual commencement

• Sheldon Todd Adams

• David Samuel Barnette Jr.

• Tara Ann Bartosiewicz

• Robert Dwight Bates II

• Michael Brandon Baum

• Eugene Belenitsky

• Brett Jared Bell

• Micah Shawn Blankenship

• Matthew Randall Bradley

• Anna Elizabeth Bright

• Joan Jacqueline Burroughs

• Steven Glenn Byers

• Michele Lee Caggiano

• Daniel Reid Casey

• Daniel Watkins Chamberlain

• Tenisha Dawn Cline

• Jennifer Kay May Crawford

• Ryan Spencer Curtis

• Lindsey Ann Dennerlein

• James Gerad Downey III

• Lawrence Eddie Duran

• William Hall Estes

• Brian O’Shea Finnerty

• Thomas Luke Fleming

• Jason Daniel Gallagher

• Raymond Dale Godfrey

• Whitney Morgan Gooch

• Jason Lee Grace

• Sarah Elizabeth Gray

• Timothy Paul Griffin

• Joseph Baron Hammons

• Michael Keith Hieneman

• Amanda Jean Horton

• George Pinney Hunt III

• Joshua Ross Hurley

• Emily Nicole Jernigan

• Charles Edwin Johnson

• Kelly Nicole Johnson

• Vanner Lynn Johnson Jr.

• Anthony Lewis Jones

• Ashley Elizabeth Stewart Kuly

• Mark Arthur Lanier

• Thad Russell Bryant Lawrence II

• Travis Brandon Lee

• Daniel Locklear

• Angela Dyan Lowe

• Justin Jerome Marcum

• Ashton Martin McKenzie

• Fred Thomas Martin III

• Waylon Damon Martin

• Richard Holland Matthews

• Richard Davis Mattox III

• LaTri-c-ea Princess McClendon

• Olen McLean

• Mary Margaret McNeil

• Kristian Richard Lee McPeek

• Christopher Robin Menerick

• Andrew Dennis Meyer

• Garrett Michael Moore Jr.

• Stanley Thomas Mortensen

• William Joseph Mossor

• Katheryn Kristina Murray

• Jessica Marie Nelson

• Zachary Robert Newman

• Jason Daniel Nicholas

• Robert Olavi Nylander

• Timothy Joseph O’Brien

• Samantha Jordan Owens

• Dino Joseph Pergola

• Justin Nicholas Plummer

• Margaret Marston Ransone

• Rachel Elizabeth Ratliff

• Donna Michelle Ridgel

• Christopher Ryan Ring

• Juliana Katrine Ripperger

• David Lee Robinson

• Ashley Lauren Rudolph

• Brian Scott Scheid

• Meghan Elizabeth Scott

• Travis Daniel Shields

• Nathan David Shultz

• Katie Ann Sibley

• Stephanie Rosser Skeen

• Joshua Paul Sokolowski

• Raven Alexis Stanley

• Nicole Lee Stiltner

• Andrew Preston Taylor

• Billy Joseph Taylor

• Wesley Keith Taylor

• Darya Danielle Thompson

• Jeremy Forrest West

• Althea Weston

• Roland Bradley Yates Jr.

Summer 2011 n 11

ASL’s

Memo-

rial 5K is

an event that stu-

dents and community

members alike look for-

ward to each March. For

two 2004 alums, Jeremy

Burnside and Justin Marlowe,

it has even become an annual

pilgrimage.

Burnside, a Cleveland native who has

his own law practice in Portsmouth, Ohio,

and Marlowe, an assistant prosecutor in Madi-

son, W.Va., have come back to Grundy and ASL

every year to run in the 5K. The two helped organ-

ize the first race in the wake of the January 2002

shootings.

“I keep coming back to the race because it’s something to

which I devoted myself after the shootings took place,” Burn-

side said. “The race was my way of giving back to what Tony

(Sutin) offered me, Tom (Blackwell) taught me and what

Angela (Dales) shared with me.”

Burnside even made the trip despite his father and grand-

father passing away this year and last year, respectively, just

before the race. “I was running in honor of my dad,” he said.

The two also make the journey as a way to keep tabs

on their alma mater. “We both are interested in ASL’s success

and enjoy coming back each year to see it grow,” Burnside

said. “We also keep coming back because it’s fun reliving

our 2L and 3L years, when we made the most out of living

in Grundy.”

“I personally like to come back to visit with familiar faces,”

Marlowe said. “Faculty, staff, and the local community. It’s

nice to catch up with everyone. It’s also nice to see all the

changes happening in Grundy. Coming back once a year

really gives you a perspective on how the community is

changing.”

They try to keep the trip interesting, too, with a

mix of new adventures and old traditions, whether

that’s rock climbing on what turns out to be poi-

son ivy-infested ledges, playing basketball at the

YMCA, or draining a pitcher of beer at

Italian Village.

Marlowe said the race seemed

like a “natural fit” after the 2002

tragedy, at which time they were

1Ls in their second semester.

Burnside had helped or-

ganize 5K runs as an

undergraduate for

his fraternity at the

University of

Charleston, and

Sutin and Blackwell

had been avid run-

ners. “We had to do

a community service

project anyway,” Mar-

lowe said. “Originally, the

proceeds were going to go to

Neighbors United, because Tom

Blackwell was involved in that.” Instead, the money went to

the victims’ families.

The first race was a touching event, both said. A cool, rainy

day gave way to sunshine as more than 300 participants took

to the starting line. Mountain Mission students attended en

masse, cheering on the runners and releasing hundreds of bal-

loons into the sky, Marlowe said. “I still remember the balloon

release at the first race. It was a very emotional time for every-

one and to have the family members of the victims there. It

really meant a lot.” Festivities continued throughout the week-

end, with the Barrister’s Ball, a silent auction, and a storytelling

festival.

Despite both Burnside and Marlowe having medaled

last year—“when we moved up in age categories,” Burnside

12 n the Current

from START

Alums journey back to Grundy every year for Memorial 5K race

to FINISH

alumni spotlight

The bright lights and flashes of television crews and cameras seem like

they would be a long way from small-town North Carolina, but for Dustin

R.T. Sullivan ‘06, they’ve become the norm.

Sullivan, who practices with fellow ASL alum Andrew M. Snow ‘06 at

Sullivan Snow Law in Bolivia, N.C., has had his share of media run-ins as

attorney for Jenelle Evans, who has shot to fame on MTV’s “Teen Mom 2.”

Evans faces numerous charges, including breaking and entering and simple

assault. A video of her brawling with another girl aired on “Good Morning

America,” and she has landed on the cover of several tabloids.

As Evans’ attorney, Sullivan has been contacted by Fox News, CNN,

Nancy Grace, “The CBS Morning Show,” “Good Morning America,” TMZ,

“E! News,” “OK Magazine,” “Us Weekly,” and other media outlets.

Sullivan had no idea who Evans was when she became his court-

appointed client. To date, he has had three criminal charges dismissed

for her with no convictions. If she successfully completes probation for

a possession of drug paraphernalia charge, it will be dismissed in April

2012, he said.

The media hoopla has made Sullivan “much more careful as to what

I say and to whom since the media will spin any statement any way they

want.” After the video of the fight surfaced, he received calls from every major

laughed—neither claims to be more than a casual runner.

Burnside also won third place in his category this year with a

time of 23:31. He competed in the 2008 Akron and Philadel-

phia marathons, and recently began rowing on the Ohio River

in hopes of starting a rowing club. Marlowe ran cross country

and track in high school and college, “but I am nowhere near

as fast as I used to be.”

Burnside said he isn’t surprised the race is still going strong.

“It was intended to never stop. Every few years, I’ll get a mes-

sage from the new race director for some input, which I have

been happy to give.” His fondest

memory is of battling Blackwell’s

eldest son, Zeb, in 2003 or 2004,

until Zeb “beat me in a sprint to

the finish line. After the race, his

mom, Lisa, embraced him as he

had this glowing smile on his

face,” he recalled.

Burnside focuses on personal

injury, wrongful death, and high-

level felonies at his practice in

Portsmouth, Ohio. “I wanted to be

in criminal defense in law school,”

he said, calling the work “stressful but satisfying.” He has

become a champion of anti-gun legislation and serves on

the Board of Trustees for the Ohio Coalition Against Gun

Violence.

Marlowe, who currently volunteers

with Generation Charleston on community service

projects, 4-H, and a community watch program, said the

shootings helped push him to pursue his current work as

a prosecutor. “I always wanted to help people, and going to

law school was a way to do that and have a salary, too.” n

Sullivan finds self in limelight as MTV star’s lawyer

Jeremy Burnside and Justin Marlowe

at this year’s Memorial 5K, above, and

at their graduation from ASL in 2004.

continued on page 15

Summer 2011 n 13

2004

Kimothy M. Sparks ’04 has been

named interim administrative director

for quality and performance improvement

at Auburn Regional Medical Center in

Auburn, Wash. His duties include risk

management, quality and performance

improvement, and patient satisfaction.

2005

Yves Archey ’05 started working

with Steptoe and Johnson PLLC in their

Bridgeport, W.Va., office in January. He

is focusing his practice in energy law.

R. Jill Webb Bruner ’05 recently married

in July 2010, and is expecting her first

child later this year. She has been in-house

counsel for Booth Energy for the last four

years and lives in Georgetown, Ky.

Norma Jean Landis ’05 married

Reggie Cupp of Atlanta in September

2010. Eve Mitchell ’05 was her maid of

honor. Damie Carter ’04 was a reader.

Norma Jean is a magistrate in Hampton,

Va., where she moved in October. The

wedding was held at Claytor Lake State

Park in Dublin, Va. Photo 5.

Joshua Hershon ’05 is a founding part-

ner at Hershon, Dryden & Associates in

Carlsbad, Calif., which has grown to a staff

of eight, including three lawyers and four

paralegals. The firm serves the community

through indigent legal services, food

drives, beach clean-ups, and charity devel-

opment. Its main practice areas are family

law, criminal law, civil litigation, business

entities design, and bankruptcy.

Stephanie Livesay Winkler ’05

welcomed Lauren Prentice Winkler on

Dec. 15. She weighed 5 pounds, 15

ounces. Stephanie’s firm is in Anderson,

S.C., where her family also lives. Photo 1.

2006

Brandon Boyles ’06 and his wife, Emily,

will be welcoming their first child in Sep-

tember. Brandon is working in Independ-

ence, Va., at his own firm, the Grayson

Law Firm, which he started in 2008. He

focuses mainly on criminal defense,

domestic relations, and real estate.

Brett Buchheit ’06 and his wife, Leslie,

are expecting their first child in October.

Brett opened his own practice in 2010.

Buchheit & Associates specializes in

wrongful death, serious bodily injury,

insurance litigation, and civil litigation.

The three-attorney firm represents more

than 200 clients, with 10 percent of cases

handled on a pro bono basis.

Nichole Laborde Romero ’06 and

her husband, Bart, welcomed their first

child, Peyton Sophia, on Sept. 15, 2010.

Peyton was 8 pounds, 11 ounces. The

new family lives in Lafayette, La.

Photo 2.

Peter Piersa ’06 and his wife recently

welcomed their second child, Johann

Libetario Piersa. He was born March 3,

weighing 5 pounds, 2 ounces. The family

is living near Burlington, Vt., and Peter has

been working with the Department of

Homeland Security’s Immigration and

Customs Enforcement Office of Investi-

gations. Photo 4.

Meg Sagi ’06 was admitted to practice

before the U.S. Supreme Court in April.

Her sponsors were the Honorable Robert

E. Burch and Kimberly Hodde, and her

movant for personal admission was Tim

Wheat, executive director of Phi Delta

class notes

14 n the Current

2

4

1

3

5

Phi. Sagi is an assistant district attorney

general in the 23rd Judicial District of

Tennessee. Photo 9.

2007

Jessica Owens Gunter ’07 joined

private practice with the Charles A. Stacy

Law Firm in Bluefield, Va., in October.

She and her husband, John, also wel-

comed a baby boy, Hayden Scott Gunter,

on Nov. 16. Hayden weighed 8 pounds,

9 ounces, and joins siblings Christina, 10,

and Elle, 6. The family lives in Bluefield,

Va. Photo 3.

2009

Matthew E. Chandler ’09 accepted a

position with the Mingo County Prose-

cutor’s Office as assistant prosecuting

attorney in Williamson, W. Va. He was

also elected as the 6th District Represen-

tative for the Young Lawyers Division

for the West Virginia State Bar.

Chris Musgrave ’09 worked as regional

coordinator for U.S. Sen. Rand Paul of

Kentucky’s successful campaign and will

be starting his position as field represen-

tative for Paul in the eastern part of

Kentucky this summer. Photo 8.

Nicholas Summe ’09 in March success-

fully defended an army sergeant accused

of second-degree murder in a fatal car

crash. The case was Summe’s first felony

and jury trial. “I was standing on ASL’s

shoulders,” he said. He also credits Pro-

fessor Tom Scott’s trial advocacy class

and Steve Parsons’ evidence class for

serving him well at trial. Summe Law is

in Covington, Ky. He practices criminal

defense, family law, and civil litigation.

2010

Paul Montgomery ’10 has opened a law

office in Ripley, W.Va. He congratulates

the Class of 2011 and encourages them

to “make a reality out of those ‘after law

school dreams’ they had during class.”

Faculty

Professor Pat Baker and his wife,

Karen, welcomed twin boys on Feb. 4

in Abingdon, Va. William R. Baker

weighed 5.4 pounds, and John C. Baker

weighed 6.8 pounds. Photo 6.

Professor Anne Rife and her husband,

Brian, welcomed Elaine Grace Rife on

Nov. 19 in Bristol, Tenn. Elaine weighed

7.5 pounds. Photo 7.

Summer 2011 n 15

76

news agency all night and the fol-

lowing day. “That was an exhausting

two days. I would walk out of court

with 40-plus messages,” he said.

Despite the hassle, the attention

has led to some funny circumstances,

Sullivan said. “I have had several re-

porters actually assist me with pro-

viding information for my cases they

gathered from their sources. … I felt

like I was living in a movie about Wa-

tergate. The reporter would begin,

‘OK, you did not get this information

from me, but it would be very helpful

to your case…’ It made me want to

look over my

shoulder and

whisper.”

Sullivan has

spoken with attor-

neys in New York

who have repre-

sented high-pro-

file clients. “They

were incredibly

helpful in giving me tips and answer-

ing questions. The most important

advice I can give is to think about

everything before you say it,” he

said. “Even if you think something

is off record, it will probably be on

some website and it typically can

only draw trouble for you and your

client.”

The spotlight has also reinforced

why Sullivan started practicing in the

first place. “The media has prose-

cuted (Evans) after only being

charged ... forgetting that our system

is founded on the principle of inno-

cent until proven guilty,” he said.

“I enjoy reminding myself that this is

exactly why I chose the path less

traveled in becoming a criminal

defense attorney – helping someone

who has been accused of a crime

when no one else will give them a

chance.”

continued from page 13

Sullivan

8 9

the currentAppalachian School of Law

P.O. Box 2825Grundy, VA 24614

www.asl.edu

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PAIDNORTH TAZEWELL, VA 24630

PERMIT NO. 20

Annual GALA uu Grab your sombreros for a Mexican-themed

bash July 29 from 7 p.m. until midnight. Semi-formal or traditional

Mexican fiesta attire requested. Dinner, dancing, and drinks will be

provided. There is no charge for entry, but donations to the ASL

Endowed Scholarship Funds are welcome.

Annual Golf Tournament uu This year’s captain’s choice,

shotgun-start golf tournament will get underway July 30 at

Willowbrook Country Club.

Contact Wendy O’Neil at woneil@asl.edu for details regarding

both events.

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