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Twelve Alumni Honored with NC Lawyers Weekly "2016 Leaders in the Law" Award

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Twelve UNC School of Law alumni have been named as "2016 Leaders in the Law" by North Carolina Lawyers Weekly. The publication is recognizing 36 lawyers across North Carolina at their sixth annual "Leaders in the Law" awards celebration on Sept. 23. The award honors licensed attorneys and practicing lawyers who are among the most influential individuals in the state's legal community. The Carolina Law alumni award recipients are:

  • Leah Michelle Broker – Class of 1992 – Broker & Hamrick, P.A.
  • Karen H. Chapman – Class of 2005 – Poyner Spruill LLP
  • Jeffrey M. Davis – Class of 2003 – Lincoln Financial Group
  • Judge Martha A. Geer – Class of 1983 – Cohen Milstein Sellers & Toll PLLC
  • Nancy L. Grace – Class of 1996 – Wake Family Law Group
  • Mark R. Johnson – Class of 2001 – Inmar, Inc.
  • Carlos E. Mahoney – Class of 1999 – Glenn, Mills, Fisher & Mahoney, P.A.
  • LeeAnne Quattrucci – Class of 2006 – LeeAnne Quattrucci Law
  • Jim Slaughter –Class of 1989 – Black, Slaughter & Black, PA
  • M. Gray Styers Jr. – Class of 1989 – Smith Moore Leatherwood
  • Louis A. Trosch Jr. – Class of 1992 – North Carolina District Court, 26th Judicial District
  • Frank D. Whitney – Class of 1987 – United States Federal District Court

Learn more at North Carolina Lawyers Weekly.


-August 30, 2016


Judge Frank D. Whitney ’87 Discusses the Recovery of North Carolina’s Original Copy of the Bill of Rights on Constitution Day, Sept. 16

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Celebrate Constitution Day at UNC School of Law on Friday, Sept. 16 at noon in the rotunda. Judge Frank D. Whitney ’87 will discuss the theft and recovery of North Carolina’s original copy of the Bill of Rights.

Whitney is the Chief United States District Judge for the Western District of North Carolina.

In his presentation titled, “United States v. North Carolina’s Original Copy of the Bill of Rights: The Historic Journey in the Theft and Recovery of North Carolina’s Copy of the Bill of Rights,” he will discuss the timeline of events and the significance of the recovery.

In 1789, George Washington directed the First Congress to pen 14 original copies of the Bill of Rights – one for the United States and one for each state. In the spring of 1865, one of Sherman’s troops unlawfully removed the Bill of Rights from the North Carolina capitol. In 1866, the soldier sold the Bill of Rights to Charles Shotwell for $5.00. Shotwell moved the Bill of Rights to Indianapolis where it remained within his family until 2000. In March 2003, the Governor of Pennsylvania notified the Governor of North Carolina that an antiques dealer was attempting to sell the document to Philadelphia’s National Constitutional Center. On March 18, 2003, through a joint undercover sting operation by the FBI, the U.S. Marshals Service, the Department of Justice, and in cooperation with the State of North Carolina, the government recovered North Carolina’s copy of the Bill of Rights.

Whitney has a personal connection to the recovery. While serving as United States Attorney for the Eastern District of North Carolina, he supervised the federal litigation (both civil and criminal) of the recovery of the Bill of Rights.

Whitney has served as both an Assistant United States Attorney and United States Attorney. He is a co-author of “Federal Money Laundering: Crimes and Forfeitures.” He was in private practice in Washington, D.C., with the firm of McKenna, Connor, and Cuneo and in Charlotte, N.C., with the firm of Kilpatrick Stockton. In 1988, he served as a law clerk for the Honorable David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit. Whitney attended Wake Forest University, graduating Phi Beta Kappa in 1982, and UNC School of Law, graduating with honors in 1987. He served for 30 years in the United States Army Reserve as a military intelligence officer, a judge advocate, and a military judge. In 2011 he deployed to Kuwait, Iraq and Afghanistan and presided over 25 court martials, including the last court martial in Iraq under the austere battle conditions of the drawdown of forces. Whitney was honored with a Bronze Star for his combat service. He was also awarded the Defense Meritorious Service Medal for service as an Attorney-Advisor to the Trial Judiciary, Office of the Military Commissions, and a Legion of Merit for his overall military career.

For the past several years, UNC School of Law has served as the host of the campus-wide UNC-Chapel Hill Constitution Day celebration. Each year on Sept. 17, pursuant to a 2004 federal statute, U.S. schools and colleges take time to celebrate and commemorate the day on which the Constitution of the United States was signed. Constitution Day presents an opportunity to reflect upon the deeper meanings of the Constitution and the hopes it embodies for the future of the country and the world. Because Constitution Day falls on Saturday, the University will celebrate the federal observance on Friday, Sept. 16.

The event is open to the public. Light refreshments will be served.

Directions to UNC School of Law and parking information can be found at http://www.law.unc.edu/about/maps/ .


-September 2, 2016

Six Alumni Honored at Annual N.C. Bar Association Meeting, Kearns Davis '95 Sworn in as President

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Kearns Davis

The 118th North Carolina Bar Association Annual Meeting was held in Charlotte, June 23-26, 2016. Six Carolina Law alumni were recognized.

Kearns Davis ’95 Sworn in as NCBA President

On June 25, Kearns Davis ’95, a partner with Brooks, Pierce, McLendon, Humphrey & Leonard LLP, was installed as the 122nd president of the NCBA. Previously, Davis served as the chair of the NCBA’s Young Lawyers Division from 2004-05 and was honored as the first recipient of the organization’s Robinson O. Everett Professionalism Award in 2010. He chaired the NCBA’s criminal justice section from 2007-08, served as a member of the NCBA Board of Governors from 2011-12, and chaired the audit and finance committee of the NCBA and the NCBA Foundation while acting as the president-elect over the past year.

“The North Carolina Bar Association’s mission is to pursue liberty and justice for the people of North Carolina,” says Davis. “I’m humbled by the privilege of working with lawyers and judges across the state to strengthen and support our legal system.”

Thomas W. Ross ’75 Receives the Judge John J. Parker Award

The highest award bestowed by the NCBA, the Judge John J. Parker Award was presented to Thomas W. Ross ’75, former president of Davidson College and the University of North Carolina system. Prior to his work in higher education, Ross acted as the executive director of the Z. Smith Reynolds Foundation, served as a Superior Court judge for 17 years, and directed North Carolina’s Administrative Office of the Courts. In February, Ross became the first Terry Sanford Distinguished Fellow at Duke University’s Sanford School of Public Policy. In July, Ross began his role as president of the Volcker Alliance, a nonpartisan organization formed “to address the challenges of effective execution of public policies and to help rebuild public trust in government.” Additional honors received by Ross include the William Rehnquist Award for Judicial Excellence, the Boy Scouts of America Distinguished Eagle Scout Award, Governing Magazine’s National Public Official of the Year, and the Order of the Long Leaf Pine. The Judge John J. Parker Memorial Award is not given every year, and honors the memory of Judge Parker by encouraging deep devotion to the law.

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Willis P. Whichard ’65 Receives the H. Brent McKnight Renaissance Lawyer Award

Willis P. Whichard ’65, the only individual to serve in both chambers of the North Carolina General Assembly and both divisions of the appellate courts, was the 2016 recipient of the H. Brent McKnight Renaissance Lawyer Award. Whichard graduated from UNC-Chapel Hill and the UNC School of Law. A native of Durham, Whichard served in the N.C. House of Representatives from 1970-74 and the N.C. Senate from 1974-80. He served on the N.C. Court of Appeals from 1980-86 and the N.C. Supreme Court from 1986-98. Additionally, Whichard was a member of the N.C. General Statutes Commission from 1969-73, the Dean of the Campbell Law School from 1986-98, and an adjunct professor at the UNC School of Law from 1986-99. The H. Brent McKnight Renaissance Lawyer Award seeks to recognize North Carolina attorneys who inspire others with their trustworthiness, respect, and courteous treatment of all people.

Rachel Blunk ’11 Receives the Younger Lawyer Pro Bono Award

An active pro bono volunteer with the Legal Aid of North Carolina’s Pittsboro office, Rachel Blunk ’11 is the 2016 recipient of the Younger Lawyers Pro Bono Award, an honor presented annually by the Young Lawyer’s Division. In addition to preparing wills, power of attorneys and health care power of attorneys in collaboration with the NCCU School of Law and the Alamance County Bar, Blunk has participated in numerous pro bono projects, including NC LEAP, Ash-A-Lawyer, Wills for Heroes, Project Grace, and Will for Equality. Blunk has served in various roles with the NCBA, the North Carolina Association of Women Attorneys and the Junior League of Durham and Orange Counties, where she focused on anti-bullying initiatives. Currently, she is treasurer of the Alamance Partnership for Children.

Two Alumni Inducted into N.C. General Practice Hall of Fame

The N.C. General Practice Hall of Fame seeks to recognize exemplary service and high ethical and professional standards as a general legal practitioner in North Carolina.

  • Charles Palmer Brown ’66

Throughout his career, Charles Palmer Brown ’66 has practiced in all state courts and in federal courts. After earning a B.S. in Business as a Morehead Scholar at UNC-Chapel Hill, Brown went on to attend UNC School of Law and practice at his family’s law firm in Stanly County. At 25, Brown represented an indigent, teenage client before the Supreme Court, and he ultimately helped the teenager avoid a life sentence. “Folks have been good, mighty good to our family and our firm for over a hundred years,” said Brown. “I hope I have done something to earn their respect during the years I have practiced and to prepare the way for those who follow.”

  • Ralph “Bo” McDonald ’64

Ralph “Bo” McDonald ’64 has spent the entirety of his career at Baily & Dixon, LLP, where he has been a managing partner for most of his tenure. For 40 years, McDonald has served as principal counsel to the State Employees Credit Union. He also served as Board Counsel for state licensing boards, sat on the board of the Raleigh Rescue Mission, spent decades on the criminal indigent list before the introduction of Wake County’s public defender system, actively participated in the Volunteer Lawyers Program, acted as the founding chair of the North Carolina Bar Association Administrative Law Section in 1989 and served on the NCBA Free Dispute Committee.

-July 8, 2016

Thirteen Alumni Honored with NC Lawyers Weekly "2016 Leaders in the Law" Award

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Thirteen UNC School of Law alumni have been named as "2016 Leaders in the Law" by North Carolina Lawyers Weekly. The publication is recognizing 36 lawyers across North Carolina at their sixth annual "Leaders in the Law" awards celebration on Sept. 23. The award honors licensed attorneys and practicing lawyers who are among the most influential individuals in the state's legal community. The Carolina Law alumni award recipients are:

  • Leah Michelle Broker – Class of 1992 – Broker & Hamrick, P.A.
  • Karen H. Chapman – Class of 2005 – Poyner Spruill LLP
  • Jeffrey M. Davis – Class of 2003 – Lincoln Financial Group
  • Judge Martha A. Geer – Class of 1983 – Cohen Milstein Sellers & Toll PLLC
  • Nancy L. Grace – Class of 1996 – Wake Family Law Group
  • Mark R. Johnson – Class of 2001 – Inmar, Inc.
  • Carlos E. Mahoney – Class of 1999 – Glenn, Mills, Fisher & Mahoney, P.A.
  • Eric Mills - Class of 2001 - Nexsen Pruet LLC
  • LeeAnne Quattrucci – Class of 2006 – LeeAnne Quattrucci Law
  • Jim Slaughter –Class of 1989 – Black, Slaughter & Black, PA
  • M. Gray Styers Jr. – Class of 1989 – Smith Moore Leatherwood
  • Louis A. Trosch Jr. – Class of 1992 – North Carolina District Court, 26th Judicial District
  • Frank D. Whitney – Class of 1987 – United States Federal District Court

Learn more at North Carolina Lawyers Weekly.


-August 30, 2016

Carolina Law Welcomes Six New Faculty Members and Names New Chair Appointments

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UNC School of Law is pleased to welcome six new full-time faculty members this semester. The new faculty include:

Bennardo

Kevin Bennardo
Clinical Associate Professor of Law (RRWA/WLRC)

Kevin Bennardo teaches Research, Reasoning, Writing and Advocacy at UNC School of Law. Before his appointment at UNC, he held faculty positions at the Indiana University Robert H. McKinney School of Law, the Louisiana State University Paul M. Hebert Law Center, and the University of Richmond School of Law. He has taught courses in the areas of legal analysis, research, and communication, criminal sentencing, and trusts & estates. In 2016, the students at IU-McKinney Law voted Bennardo the recipient of the Red Cane Award. The award is presented to the most outstanding professor who has been with the law school for three or fewer years. Bennardo’s scholarship has been cited in case books, treatises, and judicial opinions of federal courts of appeals, state supreme courts, and lower courts. In 2016, he received an LWI-ALWD-LexisNexis Scholarship Grant for his ongoing work on precedent. He regularly presents his research at conferences and also serves as an assistant editor for Legal Writing: The Journal of the Legal Writing Institute. Before his academic career, Bennardo worked as a staff attorney for the U.S. Court of Appeals for the Fourth Circuit, as court counsel for the Supreme Court of the Republic of Palau, and as a law clerk to the Honorable Milton I. Shadur of the U.S. District Court for the Northern District of Illinois. He also practiced intellectual property litigation with the firm of Sidley Austin LLP in Chicago. During law school, he served as executive editor of the Ohio State Journal of Criminal Law.

Elengold

Kate Elengold
Clinical Associate Professor of Law (Consumer Financial Transactions Clinic)

Kate Elengold is a clinical associate professor of law and director of the Consumer Financial Transactions Clinic. Her research interests lie at the intersection of race, gender and poverty. Her most recent scholarship focuses on issues related to racialized sexual harassment in housing. Prior to joining the Carolina Law faculty, Elengold taught the Women and the Law Clinic and Legal Ethics at American University Washington College of Law. Before transitioning to academia, Elengold was a trial attorney in the Civil Rights Division of the United States Department of Justice. She litigated cases under the Fair Housing Act, the Americans with Disabilities Act, Title II of the Civil Rights Act of 1964 and the Housing and Community Development Act. She acted as lead counsel on several pattern or practice cases, including complex litigation resulting in a year-long federal district court bench trial. Elengold also clerked in the Northern District of Illinois for the Honorable James B. Moran. She graduated from New York University School of Law, where she was a student article development editor on the NYU Review of Law and Social Change, and received her undergraduate degree from the University of Michigan.

Hessick, A
Andy Hessick
Professor of Law

Andy Hessick teaches Evidence, Federal Jurisdiction and Remedies, and his research interests include federal courts, administrative law, remedies and criminal sentencing. Prior to joining the faculty at UNC School of Law, Hessick was a professor at the University of Utah and Arizona State University and was a visiting assistant professor at Boston University. Before beginning teaching, he served as a Bristow Fellow in the U.S. Solicitor General’s office and practiced litigation at Kellogg Huber Hansen Todd Evans & Figel PLLC in Washington, D.C. He also clerked for Judge Reena Raggi on the U.S. Court of Appeals for the Second Circuit and Judge A. Raymond Randolph on the U.S. Court of Appeals for the D.C. Circuit. His work has appeared in the California Law Review, the Cornell Law Review, the Northwestern University Law Review, the Notre Dame Law Review, and the William and Mary Law Review. His work has been cited by the Supreme Courts of Connecticut, Iowa, Missouri, Tennessee, and Utah; various federal district courts; the U.S. Courts of Appeals for the Second, Third, Sixth, and Eleventh circuits; and the U.S. Supreme Court. Hessick received his J.D. from Yale Law School, at which he was an editor of the Yale Law Journal. He received his B.A. in mathematics and classical archaeology from Dartmouth.

Hessick, C
Carissa Byrne Hessick
Anne Shea Ransdell and William Garland "Buck" Ransdell Jr. Distinguished Professor of Law

Hessick teaches Criminal Law, Professional Responsibility, and Current Topics in Criminal Justice. Before joining the faculty at Carolina Law, Hessick taught on the faculties at Arizona State University’s Sandra Day O’Connor College of Law and the University of Utah’s S.J. Quinney College of Law. She also spent two years as a Climenko Fellow at Harvard Law School. While at Arizona State, Hessick won the Outstanding Teacher Award, which is awarded based on a vote of the graduating class. After graduating from law school, she clerked for Judge Barbara S. Jones on the Southern District of New York and for Judge A. Raymond Randolph on the D.C. Circuit. She also worked as a litigation associate at Wachtell, Lipton, Rosen & Katz in New York City. Hessick received her undergraduate degree from Columbia University and her J.D. from Yale Law School, where she was an editor of the Yale Law Journal and winner of the Potter Stewart Prize for the Morris Tyler Moot Court of Appeals.

Jain
Eisha Jain
Assistant Professor of Law

Eisha Jain teaches Criminal Law and Criminal Law as Civil Regulation. Her research focuses on the blurring boundaries between civil and criminal law. Her most recent publications are Arrests as Regulation, published by the Stanford Law Review and Prosecuting Collateral Consequences, published by the Georgetown Law Journal. Jain previously practiced for several years as a criminal defense and civil rights lawyer. She also previously clerked on the Third Circuit Court of Appeals. Jain joins Carolina Law from Georgetown University Law Center, where she held a law research fellowship. She earned her J.D. from Yale Law School, where she was awarded the Michael Egger Prize for the best student note published in the Yale Law Journal on a current social problem.

Monast
Jonas J. Monast
C. Boyden Gray Distinguished Fellow and Assistant Professor of Law

Jonas Monast is the inaugural C. Boyden Gray Distinguished Fellow at Carolina Law and co-directs the Center on Climate, Energy, Environment & Economics (CE3). He teaches Energy Law and Natural Resources Law. Monast’s work focuses on the interaction of federal and state energy policies, aligning energy and environmental policy goals, and regulatory options for reducing greenhouse gas emissions. Prior to joining the Carolina Law faculty, he directed the Climate and Energy Program at Duke University’s Nicholas Institute for Environmental Policy Solutions and taught courses on energy and environmental issues at Duke University’s School of Law and Nicholas School of the Environment. Monast has also worked as an attorney in the Corporate Social Responsibility Practice at Foley Hoag LLP, as a congressional fellow for the late Senator Paul Wellstone, and as legislative counsel for the Center for Responsible Lending. Monast earned his law degree from Georgetown University and his B.A. from Appalachian State University.

In addition to the new faculty members, UNC School of Law also recently named the following new chair appointments:

-August 24, 2016

Jane Perkins '81 to Receive the 2016 Kutak-Dodds Prize from the National Legal Aid & Defender Association

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Perkins

On September 29 in Washington, D.C, the National Legal Aid & Defender Association (NLADA) will present the Kutak-Dodds Prize to National Health Law (NHeLP) Legal Director Jane Perkins ’81.

Established in 1989, the Kutak-Dodds award is jointly sponsored by NLADA and the Robert J Kutak Foundation and includes a $10,000 cash prize. The Kutak-Dodds Prize honors an “equal justice advocate who, through the practice of law, has contributed in a significant way to the enhancement of the human dignity and quality of life of those persons unable to afford legal representation.”

NLADA is the nation’s oldest nonprofit group dedicated to providing legal services to those who cannot afford counsel.

According to NLADA, Perkins was chosen, in part, “for engaging in litigation and advocacy on behalf of low-income people with disabilities, and children in all 50 states.”

Perkins has served as counsel in more than 30 high-profile lawsuits across the county to protect and advance the health rights of low-income and underserved individuals. She is also a senior attorney with the Network for Public Health Law-Southeastern Region. Perkins has taught health law and policy at Carolina Law and served as a clinical associate professor in health policy at the UNC School of Social Work.


-August 29, 2016

Professor Beth Posner '97, Chris Brook '05, Julie Klipp Nicholson '06 to Receive NCAWA’s 2016 Gwyneth B. Davis Awards

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The North Carolina Association of Women Attorneys (NCAWA) will recognize a Carolina Law professor and two alumni at its 38th annual conference in Asheville on Sept. 22-24.

Beth S. Posner ‘97 , Clinical Assistant Professor of Law, Christopher Brook ‘05, Legal Director of the ACLU of North Carolina, and Julie Klipp Nicholson ‘06, coordinator of the Buncombe County Family Justice Center, are the 2016 recipients of the Gwyneth B. Davis Award.

Named for a past president and board member of NCAWA, the Gwyneth B. Davis Award is a public service award given to valuable members of the North Carolina legal community who promote the participation of women attorneys in the legal profession and the rights of women under the law.

To read the award recipients bios, visit the NCAWA website.

-August 30, 2016

CE3 Names Inaugural Advisory Board

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The Center for Climate, Energy, Environment and Economics (CE3) at UNC School of Law announced the members of its inaugural board of advisors on Oct. 18. The 22-member advisory board is comprised of former government officials, community partners, persons who work with energy and environmental businesses, and representatives from various UNC academic departments and centers. The standing student president of the UNC Environmental Law Project is also a member on the board.

CE3’s mission is to provide advanced student education while also examining policy and legal issues surrounding the law of climate, energy, environment and economic development, with particular attention to the intersection of these issues. CE3 is headed by co-directors Victor Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Jonas Monast, new assistant professor and C. Boyden Gray Distinguished Fellow. Monast, former director of the Climate and Energy Program at Duke University's Nicholas Institute for Environmental Policy Solutions, joined CE3 in July as part of the center’s renaming and expansion.

“I’m pleased to have Jonas on board as co-director of CE3,” Flatt says. “We have an amazing opportunity to do even more than we have done in the past to educate and integrate students in the areas of climate, energy, environment, and economic development, and by doing that, contribute even more to the national and international conversation about these very important issues.”

The board of advisors will provide intellectual and organizational support to CE3 in the execution of its mission.

“We are so excited that these outstanding community, business, academic and government leaders have answered our call to become the inaugural CE3 advisory board members,” Flatt says. “This engagement is necessary to help us realize our mission of education and analysis at the intersection of climate, environmental law, energy law and economic development.”

Latham Grimes, a principal at Cooperative Solar LLC, says he is proud to be part of the initial advisory team.

“By bringing together this diverse set of participants and taking a broad enough view of the issues, CE3 is well-positioned to generate meaningful insight and have a real impact."

CE3 Advisory Board Members – October 2016

· Gardner Altman ’71 – private practice

· Stephen Arbogast – Professor, UNC Kenan-Flagler School of Business

· Philip Blumenthal – Director, Blumenthal Foundation

· Marcilynn Burke – University of Houston Law Center; former Acting Assistant Secretary, Lands and Minerals – U.S. Dept. of Interior

· Laurence Cobb ’58 –Nexsen Pruet, Raleigh

· C. Boyden Gray ’68 – Boyden Gray & Associates

· Latham Grimes – Principal, Cooperative Solar LLC

· Donald Hornstein – Aubrey L. Brooks Professor of Law, UNC School of Law

· Kate Konschnik – Lecturer in Law and Director, Harvard Law School Environmental Policy Initiative

· Tas Lagoo – Student President, Environmental Law Project, UNC School of Law

· Brian Murray – Duke University’s Nicholas Institute and Energy Initiative

· John M. O’Sullivan – Kellogg Foundation Endowed Chair, Sustainable Agriculture (NCA&TSU, retired 2014)

· Michael Regan – M. Regan & Associates, LLC

· Jo Anne Sanford – Sanford Law Office PLLC

· Maria Savasta-Kennedy – Clinical Professor of Law and Director of the Externship Program, UNC School of Law

· Theodore M. Shaw – Julius L. Chambers Distinguished Professor of Law and Director of the Center for Civil Rights,

UNC School of Law

· Daniel Simon ’99 – Stroock & Stroock & Lavan, LLP (Washington, D.C.)

· Katherine Skinner – NC Nature Conservancy

· Bo Somers – Deputy Counsel, Duke Energy

· Tom Taft – President, Taft Family Offices

· Susannah Tuttle – NC Interfaith Power & Light

· Andy Yates – Associate Professor, UNC Department of Economics

CE3 contact: Professor Victor Flatt, 919.962.4118

Media contact: Amy Barefoot, 919.843.7148

-October 20, 2016


CE3 Hosts Webinar on Law, Policy, and the Future of Solar Financing-Oct. 24 at Noon

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UNC School of Law’s Center for Climate, Energy, Environment, and Economics (CE3), UNC School of Law’s Center for Banking and Finance, and UNC School of Government’s Environmental Finance Center recently released the white paper: "Law, Policy and the Future of Solar Financing," which examines issues and barriers associated with financing various kinds of solar energy.

Informed by a workshop hosted by the three centers in April, the white paper identifies important issues that need to be addressed to facilitate better and more financing of solar energy, and offers policy recommendations designed to address some of these issues. Among the issues raised are those associated with lack of uniformity in various regulatory markets and the uncertainty that creates for investors. Drawing lessons from the North Carolina, California and New York electricity markets, the white paper calls for states to move towards standardization of qualified facility terms under the Public Utility Regulatory Policies Act (PURPA) while making sure that is balanced with a more transparent and nuanced examination of what benefits and costs adding solar power brings to the electricity network of a state. Read more about the white paper and other information about the conference.

Representatives of the three centers will host a webinar discussing the white paper on Monday, October 24, 2017 at noon EDT.

Register for the webinar: Law, Policy, and the Future of Solar Financing. After registering, you will receive a confirmation email containing information about joining the webinar.

CE3 exists to provide advanced student education and policy and legal examination of issues surrounding the law of climate, energy, environment, and economic development, with particular attention to the intersection of these issues.

-October 20, 2016

Native American Law Students Association Helps Storm Victims, Promotes Awareness for Native American Heritage Month

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Chelsea Barnes 2L

After Hurricane Matthew this fall, Chelsea Barnes 2L took a break from hitting the books to hit the road, driving to Robeson County, N.C., to volunteer at a distribution point to help storm victims in the Lumbee tribe.

Barnes organized a supply drive at UNC School of Law and brought nonperishable food, cleaning supplies, household items and toys she collected for tribe members to a drop-off point in Raleigh.

That’s just one impact Carolina Law’s Native American Law Students Association (NALSA), of which Barnes is president, has made in the state recently. And with Native American Heritage Month in November, the organization has planned activities at UNC School of Law to further spread awareness of its goals and mission.

In addition to tabling in the rotunda during November, NALSA students will host a luncheon Nov. 10 at noon in room 4085 and sponsor a screening of the documentary “Two Spirits” on Nov. 22 at 5:30 p.m. in room 5048. The film focuses on the true story of a transgender Navajo teenager who was murdered. The lunch and film are open to anyone at UNC School of Law. This event is being cohosted with Lambda Law Students Association and the Conference on Race, Class, Gender and Ethnicity (CRCGE).

As a chapter of the National Native American Law Students Association, NALSA raises awareness of legal issues and general topics related to Native Americans and their culture.

North Carolina has eight Native American tribes that have state recognition — including the Lumbee tribe.

Beyond stepping up after an extreme weather event like Hurricane Matthew, NALSA has helped the Native American community by providing pro bono services related to living wills and will do so next semester with Legal Aid of North Carolina in Pembroke.

Chelsea Barnes 2L
Chelsea Barnes 2L helps distribute supplies to Hurricane Matthew victims in the Lumbee tribe in Robeson County, N.C.

The group also aims to promote recruitment of Native law students as well as summer and post-graduate professional opportunities related to Native legal issues.

“NALSA promotes cultural awareness at UNC School of Law and seeks to advocate for more diversity at the law school. Given that our school doesn’t have a large emphasis on Indian law, I’d like to think we have an opportunity to fill in what could be a very large gap,” Barnes says.

“We advocate for representation in our legal system and try to get more people with Native American backgrounds, or at least exposure to Native American communities, in the field,” she says. “We want not only more Native Americans interested, but a system that supports those that are interested and provides them with opportunities to succeed.”

As a small group, NALSA welcomes new members to help support Native American students.

“We are far and few between,” Barnes says. “Our hope is that over time this group will develop into a strong structural comfort zone for new Native students as their numbers hopefully increase.”

-October 28, 2016

Celebrate Veterans Day with a Week of VALOR Events

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VALOR
VALOR members Alex French 3L, Joshua Bennett 3L, Bethany Boring 3L, and Rachel Jennings 3L at the law student organization fair during orientation.
Since the Veterans Advocacy Legal Organization (VALOR) was formed at UNC School of Law in 2014, the group has expanded its reach — and impact — in North Carolina to benefit community members and law students.

Now VALOR has a week of events planned to observe Veterans Day on Nov. 11. (See list below.)

The activities underscore VALOR’s goals of providing pro bono legal services to area veterans, offering outreach and education and building a community of military-affiliated students and supporters at Carolina Law.

“Students participate in different ways. Some volunteer for pro bono projects, some attend social functions and some use it as a way to make a connection with someone else that shares a similar background,” says Rachel H. Jennings 3L, VALOR president.

In addition to volunteering at pro bono clinics, VALOR students have helped create the intake form for a pending North Carolina Bar Association program to connect veterans to legal services. In Asheville, they’ve established a discharge-upgrade clinic for homeless veterans.

VALOR’s initiatives for this academic year are equally broad: coordinating a mini-symposium on veterans’ issues to be presented during the 2017 Festival of Legal Learning, working with Carolina Law’s new Veterans Legal Assistance Project and planning a Green Zone training for law school faculty and staff to be resources for military-affiliated students.

Another VALOR focus is providing more resources for students interested in a career with the military, as JAG or as a civilian attorney working for the military.

VALOR’s work is particularly timely given the new Military and Veterans Law section of the N.C. Bar, Jennings notes.

“Some of VALOR’s most important work comes in raising awareness within the law school of veterans’ issues,” she says. “By bringing attention to the existence of our military and the legal challenges that service members, veterans and their families face, we hope to encourage future lawyers and leaders across our state to respect and provide support for these populations.”

VALOR also provides support for students who have a military background themselves or a spouse who does. Students can “gain a community within the law school of those who share a similar background or similar challenges,” Jennings says. “VALOR is a place for camaraderie and advice.”

VALOR Veterans Day week events:

All events except the Military Appreciation Luncheon are open to everyone at Carolina Law.

  • Nov. 7-10, 11:30 a.m.-1:30 p.m., Rotunda: Students, faculty, and staff are encouraged to submit a photo or write a sentence about their favorite veteran. VALOR will provide paper and markers and will be collecting photos.

  • Nov. 7, 11:30 a.m.-1:30 p.m., Rotunda: Wings for Warriors. VALOR will sell chicken wings as a fundraiser.

  • Nov. 9, 11:30 a.m.-1:00 p.m., Marion A. Cowell Boardroom: Military Appreciation Luncheon. Invited to attend:

    • All students, faculty, and staff who have served in the armed forces or are a military dependent or parents of someone who has.

    • All students who have already commissioned into JAG.

    • Select students, faculty, and staff who provide significant support to military and veterans, including the VALOR board.

    • Select alumni who are veterans.

    • Select community members who provide significant support to military and veterans’ issues.

  • Nov. 10, 11:30 a.m.-1:30 p.m., Rotunda: VALOR will give out yellow ribbons and treats.

  • Nov. 10, 11:30 a.m.-2:30 p.m., Alumni Hall, George Watts Hill Alumni Center: Tar Heel Tribute luncheon for UNC faculty, staff, students and alumni who have served in the armed forces. (Not a VALOR event).

  • Nov. 11 (Veterans Day), noon: Ceremony at the UNC School of Law flagpole outside the Rotunda, including a wreath laying, student speech, musical performance and moment of silence.

  • All week as part of a fundraiser for VALOR, students will sell two T-shirt designs (including one with “Go Heels! Go America!”).

-November 2, 2016

Muller Organizes Roundtable for World War II-Era Japanese American Incarceration History Scholars

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Scholars of World War II-era Japanese American incarceration history congregated in Seattle, Wash. for a roundtable event on Oct. 27.

Eric Muller, Dan K. Moore Distinguished Professor at UNC School of Law, worked with Densho, a nonprofit organization dedicated to educating and preserving the history of incarcerated Japanese Americans during World War II, to host leading scholars for an opportunity to talk about their work and meet in person with their peers.

The roundtable included presentations of scholars’ current research as well as open discussions about the field of studying Japanese American incarceration history while considering terminology, community engagement with the field, how scholarship will change as incarceration survivors pass away and expansion of studies beyond the United States.

My motivation in organizing the roundtable was that there is no single academic conference where the scholars of Japanese American internment can actually get together to read each other’s work, discuss new directions in the field of study and new archival resources, and just generally have the crucial opportunity to talk, agree, and disagree that are the lifeblood of a healthy area of study,” says Muller.

Event attendees were comprised of various notable incarceration scholars, including Karen Inouye of the University of Indiana, Heidi Kim of the University of North Carolina, Lon Kurashige of the University of Southern California, Greg Robinson of l’Université du Québec À Montréal and Alice Yang of the University of California Santa Cruz as well as Muller and Densho Content Director Brian Niiya.

Many of us work more or less in isolation and don’t have colleagues with whom we can discuss our work,” Niiya says. “The discussions we had were energizing, and I returned to work with a renewed sense of purpose. I’m certain that others feel the same way.”

The roundtable exceeded my expectations," says Muller. "Each of the participants got very helpful feedback on articles and books they are working on, the group had several opportunities to discuss challenging issues in the area of study, and several people had their first opportunity to meet each other in person. I was elated after the meeting, and eager to work on finding resources to support this as an annual gathering.”

Densho and Muller hope to host a scholar roundtable discussion regularly as a way to encourage growth of the field as well as collaboration among leading scholars.

Muller will speak Tues., Dec. 13 at a Chapel Hill screening of George Takei’s Broadway musical about Japanese internment, “Allegiance.” The lecture is sponsored by the UNC Program in the Humanities.

Tom Ikeda, Executive Director, Densho; Alice Yang, Stevenson Provost and Associate Professor of History, UC Santa Cruz; Lon Kurashige, Associate Professor of History, University of Southern California; Brian Niiya, Content Director, Densho; Roger Daniels, Charles Phelps Taft Professor Emeritus of History, University of Cincinnati; Karen Inouye, Assistant Professor of American Studies, Indiana University; Eric Muller, Dan K. Moore Distinguished Professor, UNC School of Law; Heidi Kim, Associate Professor of English and Comparative Literature, UNC-Chapel Hill; Greg Robinson, Professor of History, Université du Québec à Montréal


-October 27, 2016

Josephine Kim and Nick Hanna Lead Carolina Law’s Holderness 3L Team to Victory in Negotiation Competition

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Holderness Team
The negotiation team, from left: Professor Sam Jackson '77, Stephanie Downey 2L, Nick Hanna 3L, Josephine Kim 3L and Beth Kapopoulos 3L.

Negotiating a good deal for a client isn’t easy. And the terrain shifts in each case, based not only on the facts but also on factors such as the personality and temperament of the opposing counsel.

Those were among the takeaways for UNC School of Law third-year students Josephine Kim and Nick Hanna, who used their deal-making skills to place first in the American Bar Association Southeast Negotiation Competition this fall.

The tournament was at the University of Georgia School of Law, and Hanna and Kim represented Carolina Law’s Holderness 3L National Negotiation Team. The competition tested their skills in teamwork and negotiation planning and ethics, flexibility in adapting strategies and other factors considered by the judges.

“Not all our opponents treated us the same or approached the problems as we did, and it was a fun challenge navigating that,” Hanna says.

“Smooth talking and a silver tongue may work on some but anger others,” Hanna says. “Being firm with some may just upset them and have them refuse to work with you. Appealing to others’ empathy may get you farther along than strictly dealing with the facts.”

The competition topic was business law. Each round involved a U.S.-based cosmetics business.

“Since the fact patterns put our clients at a disadvantage, we brainstormed creative ideas that could give us leverage in the negotiations,” Kim says. “We also made sure our monetary deals and creative solutions were supported by justifications.”

“I learned that an advantageous deal for your client does not necessarily correspond to a successful negotiation,” she notes. “It’s important to realize your opposing counsel is also just trying to do their job.”

Carolina Law professor Sam Jackson ’77, the team’s faculty adviser, was impressed by their performance.

“Josephine and Nick proved well-prepared, articulate and unflappable in their negotiations,” Jackson says.

Twenty teams from eight schools competed. UNC students Beth Kapopoulos 3L and Stephanie Downey 2L also competed and finished above the top third of all teams.

Kim and Hanna will compete for the national championship at the finals in Chicago in February.

-November 17, 2016

Broun National Trial Team Ranks Among Top Four Competing Teams at Invitational Mock Trial Tournament

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BNTT Members
The Broun National Trial Team, from left, Coach Tanisha Edwards 3L, Anthony Ferrara 2L, Katie Wheeler 2L, Chelsea Barnes 2L, Graham Morgan 2L and Coach Taylor Glenn 3L.

Katie Wheeler 2L came away from the Carolinas Invitational Mock Trial Tournament with a piece of wisdom reinforced: in courtroom trials, expect the unexpected.

She and fellow 2L Broun National Trial Team members handled their trial — and its curveballs — with the flexibility and finesse to finish as semi-finalists, ranking among the top four teams that competed.

“Trials are unpredictable,” Wheeler says. “You can never be sure what opposing counsel will do or how a judge is going to rule on an issue. It required a lot of thinking on our feet.”

Wheeler’s teammates were Chelsea Barnes 2L, Anthony Ferrara 2L and Graham Morgan 2L, coached by 3L students Tanisha Edwards and Taylor Glenn. The competition was based on a murder case involving alleged gang and drug activity.

“I learned the importance of preparation and adaptation,” Wheeler says. “We prepared a lot for this competition, and our thorough preparation allowed us to adapt to unexpected occurrences. After experiencing the importance of these concepts firsthand, I will strive to incorporate them into my career.”

During practices, the team developed case theories, ran full mock trials and rehearsed evidentiary procedures.

For Wheeler, who wants to try cases in her career, the tournament at Charlotte School of Law was invaluable. “Gaining experience in a relatively low-stakes environment was a great way to become comfortable with the courtroom atmosphere prior to representing real clients,” she says.

M. Burke
Matthew Burke 3L

Different Broun National Trial Team members competed in other tournaments this fall, such as the Judge Paul Joseph Kelly Jr. Invitational Trial Competition at Fordham University School of Law in New York and the Lone Star Classic Invitational at St. Mary’s School of Law in Texas, but didn’t advance after the preliminary rounds.

“These competitions are crucial to development of skills in oral advocacy, case theory construction, and creative problem-solving that will directly serve Broun competitors in their careers in law, whether they are representing clients in a courtroom or a similar proceeding,” Broun National Trial Team president Matt Burke 3L says.

-November 23, 2016

Conley to Train State Appellate Judges on the Application of Social and Behavioral Sciences to Contemporary Legal Questions

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John Conley

On December 15 at the North Carolina Judicial Center in Raleigh, John Conley, William Rand Kenan Jr. Professor of Law, will co-present a session to North Carolina appellate judges entitled “Behavioral Science and the Law: A Critical Assessment of Recent Developments”. The session is part of a program called “Appellate Training: New & Emerging Legal Issues” organized by the UNC School of Government.

The session will assist appellate judges in critically evaluating the application of current developments in the social and behavioral sciences (including neuroscience, psychology, anthropology, and linguistics) to contemporary legal questions. Among the specific topics that will be covered are: the use and misuse of neuroscience in determining criminal responsibility; the science of lie detection; the role of culture in determining an individual’s actions; and the use of linguistic evidence to assess whether jurors are properly carrying out their duties.

“This past summer, in a murder case called State v. McGrady, the North Carolina Supreme Court finally adopted the federal ‘Daubert’ standard for the admission of scientific and expert evidence. At the same time, courts around the country are seeing a flood of new kinds of evidence from neuroscience and other behavioral sciences,” says Conley. “North Carolina judges face the daunting task of assessing new kinds of scientific evidence under an unfamiliar legal standard. We hope that this program can give them some basic principles for distinguishing reliable science from unreliable pseudo-science.”

Conley’s research has applied the methods of anthropology, linguistics, and social psychology to such issues as juror decision-making and lay people’s understandings of the law and the legal process. He also writes and speaks on general questions of scientific evidence and is the author, with co-presenter Jane Campbell Moriarty, of Scientific and Expert Evidence. He taught for many years in the University of Virginia’s LL.M. program for judges, and directed several week-long programs for judges at Duke Law School on scientific evidence.

In addition to Conley, his co- presenters also bring extensive academic and practical experience related to the topics covered in the session.

Jane Campbell Moriarty is Carol Los Mansmann Chair in Faculty Scholarship and Professor of Law at the Duquesne University School of Law. She has written extensively on the role of neuroscience and law, expert and scientific evidence, and judicial decision-making. Her latest article, "Seeing Voices:  Potential Neuroscience Contributions to a Reconstruction of Legal Insanity," in the Fordham Law Review, explores the potential for neuroscience to provide better, brain-based proof of mental illnesses such as schizophrenia. She is also writing a new book, Are You Lying Now? Neurotechnology and Law, about neuroscience lie detection, for NYU Press.

Robin Conley Riner is Associate Professor of Sociology and Anthropology at Marshall University. Her recent book, Confronting the Death Penalty, published by Oxford University Press (2015), uses innovative linguistic methods to understand how capital jurors respond to the obligations imposed on them by their instructions. She also uses anthropology and linguistics to explore the broader question of how jurors balance their specific legal duties and the emotional connections that they sometimes make with the defendants, victims, and witnesses whom they encounter in the courtroom. She speaks regularly on her research to legal, judicial, and social science audiences.

-December 14, 2016


Josephine Kim and Nick Hanna Lead Carolina Law’s Holderness 3L Team to Victory in Negotiation Competition

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Holderness Team
The negotiation team, from left: Professor Sam Jackson '77, Stephanie Downey 2L, Nick Hanna 3L, Josephine Kim 3L and Beth Kapopoulos 3L.

Negotiating a good deal for a client isn’t easy. And the terrain shifts in each case, based not only on the facts but also on factors such as the personality and temperament of the opposing counsel.

Those were among the takeaways for UNC School of Law third-year students Josephine Kim and Nick Hanna, who used their deal-making skills to place first in the American Bar Association Southeast Negotiation Competition this fall.

The tournament was at the University of Georgia School of Law, and Hanna and Kim represented Carolina Law’s Holderness 3L National Negotiation Team. The competition tested their skills in teamwork and negotiation planning and ethics, flexibility in adapting strategies and other factors considered by the judges.

“Not all our opponents treated us the same or approached the problems as we did, and it was a fun challenge navigating that,” Hanna says.

“Smooth talking and a silver tongue may work on some but anger others,” Hanna says. “Being firm with some may just upset them and have them refuse to work with you. Appealing to others’ empathy may get you farther along than strictly dealing with the facts.”

The competition topic was business law. Each round involved a U.S.-based cosmetics business.

“Since the fact patterns put our clients at a disadvantage, we brainstormed creative ideas that could give us leverage in the negotiations,” Kim says. “We also made sure our monetary deals and creative solutions were supported by justifications.”

“I learned that an advantageous deal for your client does not necessarily correspond to a successful negotiation,” she notes. “It’s important to realize your opposing counsel is also just trying to do their job.”

Carolina Law professor Sam Jackson ’77, the team’s faculty adviser, was impressed by their performance.

“Josephine and Nick proved well-prepared, articulate and unflappable in their negotiations,” Jackson says.

Twenty teams from eight schools competed. UNC students Beth Kapopoulos 3L and Stephanie Downey 2L also competed and finished above the top third of all teams.

Kim and Hanna will compete for the national championship at the finals in Chicago in February.

-November 17, 2016

Students Learn Invaluable Skills Working with Hornstein on Pro Bono Storm Resilience Project

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Don Hornstein
Don Hornstein

If a storm devastates North Carolina’s Outer Banks and Barrier Islands between now and June 30, some property owners will be able to fortify their houses for free, with help from a UNC School of Law pro bono project.

The six-month, pilot mitigation project, which began Jan. 1, will fully fund storm-resistant replacement roofs for eligible people with homeowners’ policies through the nonprofit North Carolina Insurance Underwriting Association (NCIUA).

The industry-leading storm-mitigation construction initiative has caught the attention of those in the nation’s most prominent home — the White House. Carolina Law professor Don Hornstein, faculty adviser to the pro bono project and NCIUA board member, gave three White House briefings about the plan late last year.

In December, Hornstein participated in the last meeting in a two-year study of climate resilience and insurance by the Obama administration. NCIUA General Manager Gina Schwitzgebel also attended.

“When this dialogue began in 2014, neither the NCIUA norany entity affiliated with North Carolina was at the table. At the final meeting, we were at the table — largely because of the mitigation efforts of the NCIUA begun last fall with the assistance of the Carolina Law pro bono project,” Hornstein says.

The NCIUA mitigation project was mentioned in a December 2016 blog post by Ali Zaidi, associate director of Natural Resources, Energy and Science at the White House Office of Management and Budget (OMB).

Hurricane Matthew’s havoc, with an estimated billions of dollars in damage — much of it in North Carolina — last October, is just the latest storm to underscore the need for climate-resilient construction.

Ethan Blumenthal
Ethan Blumenthal 2L

The mitigation plan will “give the NCIUA on-the-ground experience with practical aspects of storm-mitigation construction projects, to inform even larger programs that the pro bono project may develop,” says Hornstein, project lead attorney and chair of the association’s mitigation subcommittee.

NCIUA has partnered with the Insurance Institute for Business and Home Safety to conduct trainings on North Carolina’s coast, so contractors, roofers and inspectors can become certified in storm-resilient construction.

Carolina Law’s NCIUA pro bono work has huge potential impacts.

“We are tasked with working out the details of a potentially unprecedented, insurer-driven coastal-mitigation program,” Hornstein says, “which could result in the largest wind-mitigation program by an insurer in our asset class in the United States.”

Details will be presented at the NCIUA May board meeting.

The pro bono project was showcased in Hornstein’s keynote address at a World Bank conference on climate change and development last December in Washington. And the plan will be featured Jan. 25 at an Environmental Defense Fund meeting in Washington on coastal resilience.

UNC students involved in the NCIUA project have provided a range of support, including helping prepare for the OMB briefings and World Bank talk, researching and writing memoranda, and reviewing presentations to clients.

Students accompanied Hornstein to meetings with North Carolina Home Builders Association president Mike Carpenter and the NCIUA mitigation subcommittee.

Those experiencesinvolve “precisely the sort of skills transactional business attorneys use routinely,” Hornstein says.

In December, Ethan Blumenthal 2L attended an OMB briefing and the World Bank conference at which Hornstein spoke, and had a private White House tour.

“The NCIUA was able to share data from our project for OMB to use. Most of the time this is not the case, so the people in the room really seemed to perk up when that was mentioned,” Blumenthal said of the briefing.

The networking opportunities were most valuable to him.

“Another good takeaway was watching Professor Hornstein present to two very different audiences back to back,” Blumenthal says. “It provided a good lesson in knowing who you’re talking to and tailoring your presentation to those ends.”


-January 10, 2017

Annual CPILO Auction Benefits Public Interest Summer Grants

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CPILO Auction
Photo by Amanda Hawkins.

The annual Carolina Public Interest Law Organization (CPILO) Auction will be held Thursday, Jan. 26, 2017, at 7 p.m., in the Great Room at Top of the Hill in Chapel Hill. The auction, a signature Carolina Law event since 1997, includes heavy hors d’oeuvres, cash bar and both silent and live auctions. Tickets will be $15 at the door, and the proceeds will fund grants for law students who are working in summer positions in public interest.

This year, organizers of the auction aim to raise $20,000. Students are partnering again with local businesses to include items such as gift certificates for wine tastings and restaurants, fitness classes and photo sessions, as well as tickets to the Carolina Ballet, theatre performances and various sporting events. Live auction highlights this year include outings and dinners with professors, and a week in South Africa.

CPILO is a student-run group that works in collaboration with UNC School of Law and Friends of CPILO, a nonprofit organization dedicated to promoting public interest law at UNC. The organization helps provide grants to students who accept summer internships in the public sector that are low-or non-paying; facilitates a network of support for students interested in pursuing public interest law; exposes the law school community to public interest law; and encourages students to pursue careers in the public sector.

Browse auction items and learn more at http://studentorgs.law.unc.edu/cpilo/auction/.

-January 17, 2017

Coyle's Article on Choice-of-Law Clauses Shows Real World Impact of Faculty Research

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Coyle
Professor John F. Coyle

As a result of research by Carolina Law Associate Professor John F. Coyle, some North Carolina attorneys are redrafting their standard choice-of-law clauses to improve clarity in contracts and avoid possible negative consequences.

Coyle’s article, “The Canons of Construction for Choice-of-Law Clauses,” is the first comprehensive study of the interpretive rules U.S. courts use to interpret ambiguous contractual language. The article examines the rules and assesses whether or not they reflect what the parties want. 

His paper, to be published in the Washington Law Review this spring, is just one example of how research by Carolina Law faculty impacts attorneys’ work.

“When it comes to real-world implications of law-faculty research, it doesn’t get more real-world than choice-of-law clauses. Virtually every lawyer in the United States will have to grapple with one of these clauses at some point in their career. My goal is to give these lawyers the tools they need to draft them correctly and litigate them with an eye to the relevant precedents,” Coyle says.

The research provides a comprehensive overview of a body of law that many attorneys are unaware of.  It also suggests model language for choice-of-law clauses to address ambiguity in commercial contracts and reduce the chance that courts will misinterpret clauses.

Coyle’s research shows that some of the canons courts use to interpret unclear choice-of-law clauses are sometimes inconsistent — depending on the particular rule — with the expectations of the contracting parties.

This mismatch between canons and party expectations can be significant. If a court construes the scope of a clause too narrowly, the case’s outcome could be affected. Parties may also have to pay lawyers to litigate a choice-of-law issue that’s unrelated to the central dispute.  
 
“The parties can always redraft their contract to make their choice-of-law clauses clearer,” Coyle says. “In many cases, however, the contracting parties are unaware of the interpretive rules I discuss and don’t know that they should be rewriting their agreements.”

Coyle is spreading awareness among North Carolina attorneys, with presentations at three law firms in December and two in January.

“John’s research was incredibly interesting. The governing-law provision is a much-overlooked provision, with unintended consequences if not carefully drafted. John drilled down on several nuanced aspects to the provision and common misconceptions and provided a great road map to avoid unintended consequences,” says Byron Kirkland '87, a partner at Smith Anderson in Raleigh, where Coyle gave a presentation.

“It shows the importance of not accepting boilerplate provisions at face value. His research highlights traps in drafting that can be easily avoided,” Kirkland says. “We were very impressed with the research and practical guidance John provided. I have used his findings in drafting contracts since the presentation, and I am confident other members of our firm have as well.”

Some lawyers at Wyrick Robbins in Raleigh who attended Coyle’s presentation there also have acted on his conclusions.

“It was interesting to learn that a few of my assumptions regarding how a court would address a choice-of-law issue were not correct and to consider the potential implications for a client,” Wyrick Robbins attorney Amy Risseeuw says.

She plans to use Coyle’s sample provision in her contracts and has recommended that other lawyers in her practice group do as well.

“With the insight John provided, especially the ‘best practices’ choice-of-law provision, I will be able to avoid the potential pitfalls that might have arisen if I were using different language in clients’ contracts,” Risseeuw says.

Coyle’s research could help lawyers all over the country. He presented his findings at the Association of American Law Schools conference this month in San Francisco.

“I want to shine a light on these clauses and help transactional lawyers draft to the result that their clients probably want,” Coyle says. “I want them to be fully aware of the different ways courts have interpreted these clauses, so they can more effectively advance their clients’ interests when litigating choice-of-law issues.”

-January 19, 2017

Earn Annual CLE Credit at Festival of Legal Learning Feb. 10-11

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Festival Promo

The 27th annual UNC School of Law Festival of Legal Learning takes place February 10-11, giving attendees an opportunity to complete 12 hours of continuing legal education (CLE) credits from 120 sessions focusing on a variety of topic areas.

Held at The William and Ida Friday Center for Continuing Education in Chapel Hill, the Festival of Legal Learning this year offers a range of educational opportunities that address such topics as consumer law, criminal law, environmental law, health law, intellectual property, immigration, trial skills, professional ethics and many more. The festival is designed to build basics, sharpen skills, provide perspectives and highlight new developments in the field of law.

“Festival offers a wonderful opportunity for lawyers to obtain their CLE credits in the most enjoyable way possible,” says Mary-Rose Papandrea, professor of law and associate dean for academic affairs at UNC School of Law. “It features UNC’s own law school faculty leading sessions on a wide variety of timely topics, as well as an opportunity to mix and mingle with hundreds of members of the bar.”

Session instructors are recognized experts in their fields and include professors from UNC School of Law, UNC School of Social Work, UNC Gillings School of Global Public Health, UNC School of Government, as well as distinguished guest faculty.

Reduced fees are available for judges, judicial clerks, full-time academics, JAG, government, non-profit and legal aid attorneys who register before January 29. Registration may be completed online.

-January 26, 2017

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