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Carolina Law Grads Achieve 85 Percent Bar Passage Rate

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Eighty-five percent (85.48) of the 124 UNC School of Law graduates who took the North Carolina bar exam for the first time in July 2017 passed, according to exam results released by the state’s Board of Law Examiners. This rate represents an increase from 77.99 percent of first-time takers who passed last year’s bar exam.

UNC’s total 2017 passage rate, including first-time and repeat takers, was 80.58 percent, which is higher than the past three years.

Excluding Duke, which had 16 first-time takers sit for the exam, UNC had the second-highest passage rate for first-time takers. UNC was slightly behind Wake Forest (89.71 percent), which had 68 first-time takers.

The school’s Academic Excellence Program (AEP) provides all students with resources to aid their legal study, including one-on-one bar preparation for 3L students. The Class of 2017 was the first class to graduate under a formalized academic success policy that empowers more students to receive individualized assistance during the final two years of law school. UNC students also benefit from a rigorous first-year research and writing program in which full-time professors comment regularly on students’ written work in small, workshop-style classes and frequent individual conferences.

“Our 1L writing program likely helped contribute to the success on the essay portion of the exam,” says O.J. Salinas, AEP director and clinical associate professor of law. “Clear, effective writing is important on the essay portion of the bar examination. It will continue to be a significant asset for bar success as North Carolina transitions to the Uniform Bar Examination, which includes a Multistate Performance Test that tests an examinee’s ability to perform practical lawyering skills like writing an objective memorandum or a persuasive trial motion.”

The law school’s Research, Reasoning, Writing and Advocacy (RRWA) program, now in its seventh year as a full-year, six-credit program, ranks No. 18 in legal writing by U.S. News & World Report’s 2018 edition of “America’s Best Graduate Schools.” During two intensive semesters in RRWA, first year students work in small sections taught by full-time faculty members to develop key skills for legal practice, including legal research, writing and analysis.

Since 2011, the average bar passage rate for first-time takers among all North Carolina schools has been lower than the historical average. Last year the statewide passage rate for first-time takers was 65.90 percent; this year it was 72.20 percent. The overall statewide passage rate, which includes first-time takers and repeat takers, was 56.94 percent last year; this year the overall statewide passage rate was 61.75 percent. UNC again exceeded the statewide passage rates in both categories.

-September 20, 2017


Broome Receives Burton Craige Distinguished Professorship

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Lissa Broome

UNC School of Law Professor Lissa L. Broome was honored at an Aug. 28 reception congratulating this year’s recipients of distinguished professorships. Broome received the Burton Craige Distinguished Professorship, a title that honors professors for their entire UNC career.

“A distinguished professorship is one of the most prestigious and visible honors that The University of North Carolina at Chapel Hill can bestow upon a member of the faculty, and it is a symbol of the value your colleagues have placed on your research and scholarship,” said Executive Vice Chancellor and Provost James W. Dean Jr. in a letter to Broome earlier this year.

At Carolina Law, Broome serves as director of the Center for Banking and Finance and as faculty advisor to the North Carolina Banking Institute Journal. She also heads the school’s Director Diversity Initiative, which seeks to increase diversity on the boards of directors of publicly traded corporations in North Carolina and across the United States. She joined the school’s faculty in 1984. Broome also serves as the University’s Faculty Athletics Representative to the ACC and the NCAA.

The Burton Craige Professorships were established by the late Burton Craige in 1941. Craige said it was his “wish to encourage and inspire at Chapel Hill a love of political or legal wisdom.” Professors in the UNC School of Law and the Department of Political Science are eligible to hold the professorships.


-September 26, 2017

Pro Bono Program Celebrates 20 Years of Service, Training, Launches Endowment Fund

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Hundreds of Carolina Law students have provided free legal assistance while learning practical skills.

Attendees at the Pro Bono Program 20th Anniversary Celebration
Attendees at the Pro Bono Program 20th Anniversary Celebration on September 22. Photo by Donn Young.

More than 100 students, faculty, staff, alumni and friends of UNC School of Law gathered at the Johnston Center for Academic Excellence on campus in late September to celebrate the 20th anniversary of the school’s Pro Bono Program. Many of the alumni in attendance served on the student-led board during their time in law school, and gathered to share memories and stories from throughout the program's history. 

Though much of the evening was dedicated to catching up with old friends and making new ones, the celebration included remarks from four individuals with close ties to the Pro Bono Program.

Allison Standard ’09, who has been director of pro bono initiatives since late 2016, began with a welcome and thank you to attendees. She introduced the rest of the speaker line up: Sylvia Novinsky, the former assistant dean of public service programs and current director of the North Carolina Pro Bono Resource Center; Seth Morris 3L, the current student director of the Pro Bono Board; and James Jolley ’14, the student director in 2013-2014 and current chair of the Pro Bono Alumni Board.

Novinsky spoke about the program's humble beginnings in 1997 when she and two students set out to create more pro bono opportunities for students in the law school. She discussed how the program evolved over time into a 13-student board that has pushed student participation above 90 percent in the past two graduating classes. 

Morris spoke about the Pro Bono Program from a student perspective. He discussed the important role the program plays in helping students meet legal needs and develop their legal skills. He also discussed the positive impact that the program has on the perception of the law school in communities across the state.

Jolley reminisced about his time as a Pro Bono Board member, shared his excitement about the program's future, and introduced the program's endowment campaign, which will support pro bono projects and trips during fall, winter and spring breaks.

“I’m proud to announce that the endowment campaign, which formally launched in August, has already raised more than 60 percent of the $50,000 goal,” said Jolley. “With your help, we can support and build on the proud tradition of pro bono at Carolina Law.”

Learn more about the Pro Bono Program and how to support the endowment campaign at www.law.unc.edu/probono/.


-October 9, 2017

Where Research & Scholarship Flourish: Constitutional Law Expert Michael Gerhardt

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Michael Gerhardt
Michael Gerhardt

Constitutional Law Expert Michael Gerhardt

Like other Carolina Law professors, Michael Gerhardt’s knowledge enlightens more than the students he teaches. He has applied his research and scholarship broadly outside UNC: informing congressional decisions about U.S. Supreme Court nominees, advising White House officials and serving as a resource on North Carolina legislative issues.

Special Counsel for SCOTUS Nominations

A leading constitutional scholar, Gerhardt has been asked by the U.S. Senate Judiciary Committee to be special counsel for the Supreme Court nominations of Justices Neil Gorsuch, Elena Kagan and Sonia Sotomayor. He also participated in confirmation hearings for Justices Samuel Alito, John Roberts and Stephen Breyer.

“Professionals, especially academics, should not be cut off from the real world. Those of us who count ourselves among genuine legal scholars study the law, research the law, write critically about the law, and hopefully do what we can to upgrade the quality of legal practice,” Gerhardt says. “As a teacher, I am a model for my students and a representative of the law school. I try to show my students how to be a professional devoted to helping the people in power understand their responsibilities and exercise them better.”

Scholar-in-Residence at the National Constitution Center

Gerhardt also is making an impact on wide-ranging initiatives related to the Constitution. He is director of content and scholar-in-residence for the National Constitution Center in Philadelphia, which offers exhibitions and programs to raise awareness about the Constitution. And he’s the first independent scholar selected to advise Library of Congress officials as they update the Constitution Annotated, required by Congress every 10 years.

“The work that is done on (the annotation) must be, like the work I do for the National Constitution Center, even-handed, neutral and independent. Our work must not only withstand the test of time but be beyond reproach,” says Gerhardt, who received the Distinguished Service Award from the Association of Yale Alumni in 2008.

Public Service Outside the Classroom

His public service work has influenced North Carolina issues in multiple ways. As a law professor more than 30 years ago during the administration of Gov. Jim Martin, Gerhardt testified in favor of giving North Carolina’s chief executive the power to veto legislation. Now he is a member of North Carolina’s advisory committee to the U.S. Commission on Civil Rights and has served on North Carolina Bar Association committees.

Gerhardt’s work outside academia has benefited Carolina Law students by making him a better teacher and scholar. “I believe using my expertise to help our community, state and nation fulfills the mission of UNC and its law school,” he says. “My knowledge of the subjects I teach is not based on a book. It is based on real-world experience and immersion in the subject matter.”

-October 16, 2017

Erika Wilson's Research on School Segregation

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Erika Wilson
Erika Wilson

Erika Wilson’s Research on School Segregation

As more localities in the South and elsewhere consider leaving their county-based school districts — essentially re-segregating by creating independent systems — research by Carolina Law professor Erika Wilson is adding perspective to those important discussions.

Research on Race and Class in Education Inequality Joins National Conversation

Wilson focuses on causes and results of educational inequalities based on race and class in public schools. Her article, “The New School Segregation,” was published in the Cornell Law Review and chosen for the prestigious Yale/Stanford/Harvard Junior Faculty Forum in 2016.

Recently her scholarship has been the basis for discussions and articles about school-district secessions. Her paper was available as a community resource for residents of Hamilton County, Tennessee, where Signal Mountain town officials are pursuing secession. The paper also was a pivotal reference for an article on school-district secession by the nonprofit EdBuild, which focuses on public-school funding. And Wilson shared her research in her keynote lecture at the National Education Association’s board of directors meeting this year.

“Having my research be part of a national conversation on a critical issue, having my research used by a community concerned about and impacted by an issue, and speaking directly to educators and administrators on the frontline of issues I write about are absolutely the most rewarding aspects of seeing my research discussed outside of academia,” Wilson says. 

A Unique Angle: Local Government’s Role in School Segregation

With many Southern school districts no longer supervised by federal courts regarding racial desegregation, Wilson’s paper notes that secessions usually leave the seceding locality with a mostly white, affluent school system and the remaining county-based district with a larger percentage of low-income and minority students.  

“My research is unique because it focuses on the role of local-government law structures in influencing the educational opportunities available to poor minority students, particularly their role in creating and maintaining segregated schools. This is an angle that few scholars, particularly legal scholars, consider the problem of school segregation and inequality,” says Wilson, who received Carolina Law’s 2017 James H. Chadbourn Award for Excellence in Scholarship.   

The Wall Street Journal, New York public radio WYNC, the news website Vox and other media outlets have contacted Wilson about her article.

As she continues to address real-world issues with her writing, Wilson is expanding on her scholarship with a paper that explores possible legal challenges to school-district secessions that would result in increased segregation.

“I hope policymakers and courts will examine more critically the ways in which local-government laws and structures — secessions, annexations, drawing of district boundary lines — are race-neutral devices that have a decidedly race-positive impact on the educational opportunities available to students,” Wilson says, “especially students of color.”

-October 16, 2017

Kathleen Thomas Talks Tax Reform Debate

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Kathleen Thomas
Kathleen Thomas

Kathleen Thomas Talks Tax Reform Debate

Carolina Law assistant professor Kathleen Thomas is proposing ways the federal government can enhance collection of tax revenues by simplifying the tax compliance process for certain workers and repealing a provision regarding sales of certain assets.

With the publication of Thomas’s related papers and citations to three of her articles in the IRS National Taxpayer Advocate’s 2016 report to Congress, her proposals could have an impact on tax reform debate.

Thomas has recently had papers published on the gig economy — online platform companies like Uber and Airbnb that connect customers with vendors — and instituting a carryover tax basis system for the sale of certain assets.

“Taxing the Gig Economy”

“Taxing the Gig Economy” will be published in the University of Pennsylvania Law Review in 2018. A shorter version was published in Bloomberg BNA.

Economists estimate the gig economy employs more than three million people, a number expected to increase dramatically in the next few years. Tax law regards those workers as independent contractors not employees, which means their taxes aren’t withheld, their income often isn’t reported on a 1099 form, and they may spend significant time tracking their business deductions.

Thomas’s article proposes that platform companies withhold income and self-employment taxes and that workers be allowed to take a standard business deduction instead of having to log business expenses. The changes would save workers time and allow them to prepare their tax returns much more quickly.

The paper’s proposed reforms “would make life easier for taxpayers who are gig workers and help the government collect more tax revenue. I am hopeful some version of these proposals will be part of any tax reform package Congress comes up with,” says Thomas, director of the UNC School of Law Tax Institute.  

“Advocating a Carryover Tax Basis Regime”

Thomas’s paper “Advocating a Carryover Tax Basis Regime,” co-authored with Richard Schmalbeck of Duke University School of Law and Jay A. Soled of Rutgers University, will be published this fall in the Notre Dame Law Review. A shorter version was published in Tax Notes.

The paper calls for repealing Section 1014 of the Internal Revenue Code, which allows people who inherit assets such as real estate and stock to avoid paying taxes on any built-in gains if they sell those assets. For most assets, the co-authors propose replacing Section 1014 with a rule to allow people to inherit assets tax-free but require them to pay tax on any built-in gains if they sell the assets.

“A large part of our argument is that repealing Section 1014 and replacing it with a ‘carryover tax basis’ regime is politically feasible. Because the proposal should generate revenue by repealing a tax preference that generally only benefits the richest Americans, we hope it will be seen as a realistic and attractive tax reform measure,” Thomas says. “At the very least, Congress should institute a carryover basis regime for marketable securities. This would be relatively simple to institute due to advances in technology that make tracking the tax basis of assets easy.”

-October 17, 2017

Faculty Statement on Silent Sam

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The undersigned UNC School of Law faculty respectfully request that the UNC administration take immediate action to remove the monument of an armed Confederate soldier, known as Silent Sam, looming at the heart of UNC’s main campus. While we do not favor shutting down the ability of individuals to voice disagreeable opinions, we believe that the statue sends a message of white supremacy that the university should refuse to endorse.

On June 2, 1913, at the monument’s public dedication, Confederate war veteran Julian S. Carr said, “The present generation, I am persuaded, scarcely takes note of what the Confederate soldier meant to the welfare of the Anglo Saxon race. . . . if every State of the South had done what North Carolina did . . . the political geography of America would have been re-written.” He then told this story: “less than ninety days perhaps after my return from Appomattox, I horse-whipped a negro wench until her skirts hung in shreds, because upon the streets of this quiet village she had publicly insulted and maligned a Southern lady, and then rushed for protection to these University buildings.”

From the moment of its dedication, Carr’s racist words cemented the monument as a symbol of white supremacy, violence and indignity. Even today, UNC’s website acknowledges that many see Silent Sam as “a glorification of the Confederacy and thus a tacit defense of slavery.” To many in our community, the armed soldier expresses the idea that some in our community are not equal.

This disparaging and marginalizing symbol has no place at the core of an inclusive learning environment. We also believe that the message it sends undercuts the University’s mission “to teach a diverse community of undergraduate, graduate, and professional students to become the next generation of leaders.” We are particularly concerned about the statue’s symbolism given the Board of Governors’ recent ban on representation or counsel by the Center for Civil Rights.

Maintaining this monument undercuts the value of equality protected by North Carolina law and the United States Constitution. We note that federal law obliges the University to provide an inclusive learning environment free of racial hostility. Out of concern for public safety, Chapel Hill Mayor Pam Hemminger called for the monument to be moved, and North Carolina Governor Roy Cooper advised UNC that North Carolina law permits the University to remove or relocate the statue. 

We stand with our students and faculty who have sought legal counsel to request the statue’s removal in order to affirm their dignity and equal place in our community. If the University remains uncertain of its legal ability to act, we ask it to seek a declaration in court to affirm UNC’s right to remove the statue. This path would spare our students and faculty from the distraction, expense and pain of suing their home institution.

As our students and community look to the UNC administration and faculty for guidance, we must answer them with meaningful action. For all of these reasons, we request the immediate removal of this divisive symbol to affirm our commitment to the value of equality enshrined in the United States Constitution.

Kimberly C. Bishop, Clinical Professor of Law

John Charles Boger, Wade Edwards Distinguished Professor of Law Emeritus

Kenneth S. Broun, Henry Brandis Professor of Law Emeritus

Patricia L. Bryan, Henry P. Brandis Distinguished Professor of Law

Andrew Chin, Professor of Law

John Martin Conley, William Rand Kenan Jr. Professor of Law

Charles Edward Daye, Henry Brandis Professor of Law Emeritus

Maxine Eichner, Graham Kenan Distinguished Professor of Law

Kate Sablosky Elengold, Clinical Associate Professor

Barbara A. Fedders, Assistant Professor of Law

Laura N. Gasaway, Paul B. Eaton Distinguished Professor of Law Emerita

Deborah R. Gerhardt, Associate Professor of Law

Michael J. Gerhardt, Samuel Ashe Distinguished Professor in Constitutional Law

Melissa B. Jacoby, Graham Kenan Professor of Law

Eisha Jain, Assistant Professor of Law

Thomas A. Kelley III, Paul B. Eaton Distinguished Professor of Law and Interim Director of Clinical Programs

Joseph E. Kennedy, Martha Brandis Term Professor of Law

Catherine Y. Kim, George R. Ward Term Professor of Law, Associate Professor of Law

Joan H. Krause, Dan K. Moore Distinguished Professor of Law

Holning S. Lau, Willie Person Mangum Distinguished Professor of Law, Associate Dean for Faculty Development, and Faculty Director of the LL.M. Program

Peter Nemerovski, Clinical Associate Professor

Gene R. Nichol, Boyd Tinsley Distinguished Professor of Law

Donna L. Nixon, Clinical Assistant Professor of Law and Electronic Resources Librarian

Beth S. Posner, Clinical Assistant Professor of Law

Richard Rosen, Professor of Law Emeritus

Kathryn A. Sabbeth, Associate Professor of Law

Maria Savasta-Kennedy, Clinical Professor of Law and Director of the Externship Program

Richard S. Saver, Arch T. Allen Distinguished Professor of Law

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

Craig T. Smith, Assistant Dean for the Writing and Learning Resources Center and Clinical Professor of Law

Kathleen DeLaney Thomas, Assistant Professor of Law and Director of UNC School of Law Tax Institute

Judith Welch Wegner, Burton Craig Professor of Law Emerita

W. Mark C. Weidemaier, Ralph M. Stockton, Jr. Distinguished Professor

Arthur Mark Weisburd, Reef C. Ivey Distinguished Professor of Law

Deborah M. Weissman, Reef C. Ivey Distinguished Professor of Law

-October 26, 2017

Broome Receives Burton Craige Distinguished Professorship

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Lissa Broome

UNC School of Law Professor Lissa L. Broome was honored at an Aug. 28 reception congratulating this year’s recipients of distinguished professorships. Broome received the Burton Craige Distinguished Professorship, a title that honors professors for their entire UNC career.

“A distinguished professorship is one of the most prestigious and visible honors that The University of North Carolina at Chapel Hill can bestow upon a member of the faculty, and it is a symbol of the value your colleagues have placed on your research and scholarship,” said Executive Vice Chancellor and Provost James W. Dean Jr. in a letter to Broome earlier this year.

At Carolina Law, Broome serves as director of the Center for Banking and Finance and as faculty advisor to the North Carolina Banking Institute Journal. She also heads the school’s Director Diversity Initiative, which seeks to increase diversity on the boards of directors of publicly traded corporations in North Carolina and across the United States. She joined the school’s faculty in 1984. Broome also serves as the University’s Faculty Athletics Representative to the ACC and the NCAA.

The Burton Craige Professorships were established by the late Burton Craige in 1941. Craige said it was his “wish to encourage and inspire at Chapel Hill a love of political or legal wisdom.” Professors in the UNC School of Law and the Department of Political Science are eligible to hold the professorships.


-September 26, 2017


Brinkley '92 Receives Arch T. Allen Distinguished Professorship

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Martin Brinkley
Martin H. Brinkley '92

The dean of UNC School of Law, Martin H. Brinkley ’92, has been appointed as Arch T. Allen Distinguished Professor of Law by the University’s Executive Vice Chancellor and Provost Robert “Bob” Blouin. Brinkley is now one of two Arch T. Allen Distinguished Professors at the law school, sharing the honor with Richard S. Saver.

In addition to carrying out his duties as dean, Brinkley currently teaches Life Cycle of an M&A Deal, a transition-to-practice course on corporate mergers and acquisitions that he designed. He is slated to teach first-year Property beginning in 2019.

The Arch T. Allen Distinguished Professorship was established in 1991 by Arch T. Allen III ’65 and his sister Reveley Allen Moore to honor their father, Arch T. Allen Jr., and grandfather, Arch T. Allen. The youngest Allen says his father initially established the fund as a charitable trust in honor of his own father. Allen and his sister, who passed away in 2002, continued to add to the trust. All three generations of the Allen family received undergraduate degrees from UNC-CH. Both of the younger Allen men received their law degrees from Carolina as well.

“There were no lawyers in my family. Arch III, known to many of his friends as ‘Arch T.,’ was my first real mentor in the law,” Brinkley says. “I have always looked up to him as an exemplar of everything good in our profession. It’s deeply meaningful to me to be one of the holders of the chair he created in honor of his father and grandfather. Add the fact that my brilliant colleague Rich Saver and I were college classmates at Harvard, and the honor becomes all the more meaningful to me.”

Allen met Brinkley – who had just graduated from Harvard at the time – when a mutual friend said Brinkley was trying to decide where to go to law school. 

“My grandfather and father, one an educator and the other a lawyer, whom the professorship honors, would be pleased and proud for Dean Martin Brinkley to hold an Arch T. Allen Distinguished Professorship in the UNC School of Law,” says Allen. “Other family members and I are proud to have their name associated with Martin, a wonderful person of outstanding ability, intelligence and character.”

Brinkley is Carolina Law’s 14th dean, a position he has held since 2015. He is one of only two individuals in the school’s 173-year history to become dean directly from practice. During his 22 years of practice, he primarily focused on corporate law, mergers, and acquisitions, antitrust and regulated industries, public finance and charitable organizations law. In 2011-12, he served as president of the North Carolina Bar Association.

-November 6, 2017

Pro Bono Program Celebrates 20 Years of Service, Training, Launches Endowment Fund

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Hundreds of Carolina Law students have provided free legal assistance while learning practical skills.

Attendees at the Pro Bono Program 20th Anniversary Celebration
Attendees at the Pro Bono Program 20th Anniversary Celebration on September 22. Photo by Donn Young.

More than 100 students, faculty, staff, alumni and friends of UNC School of Law gathered at the Johnston Center for Academic Excellence on campus in late September to celebrate the 20th anniversary of the school’s Pro Bono Program. Many of the alumni in attendance served on the student-led board during their time in law school, and gathered to share memories and stories from throughout the program's history. 

Though much of the evening was dedicated to catching up with old friends and making new ones, the celebration included remarks from four individuals with close ties to the Pro Bono Program.

Allison Standard ’09, who has been director of pro bono initiatives since late 2016, began with a welcome and thank you to attendees. She introduced the rest of the speaker line up: Sylvia Novinsky, the former assistant dean of public service programs and current director of the North Carolina Pro Bono Resource Center; Seth Morris 3L, the current student director of the Pro Bono Board; and James Jolley ’14, the student director in 2013-2014 and current chair of the Pro Bono Alumni Board.

Novinsky spoke about the program's humble beginnings in 1997 when she and two students set out to create more pro bono opportunities for students in the law school. She discussed how the program evolved over time into a 13-student board that has pushed student participation above 90 percent in the past two graduating classes. 

Morris spoke about the Pro Bono Program from a student perspective. He discussed the important role the program plays in helping students meet legal needs and develop their legal skills. He also discussed the positive impact that the program has on the perception of the law school in communities across the state.

Jolley reminisced about his time as a Pro Bono Board member, shared his excitement about the program's future, and introduced the program's endowment campaign, which will support pro bono projects and trips during fall, winter and spring breaks.

“I’m proud to announce that the endowment campaign, which formally launched in August, has already raised more than 60 percent of the $50,000 goal,” said Jolley. “With your help, we can support and build on the proud tradition of pro bono at Carolina Law.”

Learn more about the Pro Bono Program and how to support the endowment campaign at www.law.unc.edu/probono/.


-October 9, 2017

Brinkley ’92 Delivers Keynote Address at Phi Beta Kappa Fall Induction Ceremony

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Phi Beta Kappa, the nation’s oldest and most honored college honorary society, has inducted 165 University of North Carolina at Chapel Hill students as new members.

The recent induction ceremony featured a keynote address by Martin H. Brinkley '92, dean of the UNC-Chapel Hill School of Law and Arch T. Allen Distinguished Professor of Law. New members received certificates and Phi Beta Kappa keys, the organization’s symbol.

"To the newly elected members of the Alpha Chapter of Phi Beta Kappa in North Carolina, and to your parents and your families, my warmest congratulations on this splendid achievement," said Brinkley.

Brinkley also spoke about the importance of investing in education. "Whether called for explicitly or encouraged indirectly, I think it reasonably obvious that the fundamental law of our state and country not only encourages, but outright presumes, that the pursuit of truth and the creation of knowledge are national priorities and will take place in institutions dedicated to those ends."

Phi Beta Kappa membership is open to undergraduates in the college and professional degree programs who meet stringent eligibility requirements.

A student who has completed 75 hours of course work in the liberal arts and sciences with a GPA of 3.85 or better (on a 4-point scale) is eligible for membership. Also eligible is any student who has completed 105 hours of course work in the liberal arts and sciences with a 3.75 GPA. Grades earned at other universities are not considered. Less than 1 percent of all college students qualify.
 
Past and present Phi Beta Kappa members from across the country have included 17 American presidents, 40 U.S. Supreme Court Justices and more than 130 Nobel Laureates.
 
Phi Beta Kappa has 286 chapters nationwide. UNC’s chapter, Alpha of North Carolina, was founded in 1904 and is the oldest of seven chapters in the state. Each year, Phi Beta Kappa chapters and alumni associations across the country raise and distribute more than $1 million in awards, scholarships and prizes benefiting high schools and college students.
 
Phi Beta Kappa officers at Carolina for 2017-2018 are students Rohanit Singh, president; Elaine Kearney, vice president; and Diana Lopez, recording secretary. James L. Leloudis, professor of history, Peter T. Grauer associate dean for Honors Carolina, and director of the James M. Johnston Center for Undergraduate Excellence, is chapter executive secretary and faculty advisor.

A full list of inductees can be found on the University's webpage.

-November 13, 2017

Carolina Law Grads Achieve 85 Percent Bar Passage Rate

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Eighty-five percent (85.48) of the 124 UNC School of Law graduates who took the North Carolina bar exam for the first time in July 2017 passed, according to exam results released by the state’s Board of Law Examiners. This rate represents an increase from 77.99 percent of first-time takers who passed last year’s bar exam.

UNC’s total 2017 passage rate, including first-time and repeat takers, was 80.58 percent, which is higher than the past three years.

Excluding Duke, which had 16 first-time takers sit for the exam, UNC had the second-highest passage rate for first-time takers. UNC was slightly behind Wake Forest (89.71 percent), which had 68 first-time takers.

The school’s Academic Excellence Program (AEP) provides all students with resources to aid their legal study, including one-on-one bar preparation for 3L students. The Class of 2017 was the first class to graduate under a formalized academic success policy that empowers more students to receive individualized assistance during the final two years of law school. UNC students also benefit from a rigorous first-year research and writing program in which full-time professors comment regularly on students’ written work in small, workshop-style classes and frequent individual conferences.

“Our 1L writing program likely helped contribute to the success on the essay portion of the exam,” says O.J. Salinas, AEP director and clinical associate professor of law. “Clear, effective writing is important on the essay portion of the bar examination. It will continue to be a significant asset for bar success as North Carolina transitions to the Uniform Bar Examination, which includes a Multistate Performance Test that tests an examinee’s ability to perform practical lawyering skills like writing an objective memorandum or a persuasive trial motion.”

The law school’s Research, Reasoning, Writing and Advocacy (RRWA) program, now in its seventh year as a full-year, six-credit program, ranks No. 18 in legal writing by U.S. News & World Report’s 2018 edition of “America’s Best Graduate Schools.” During two intensive semesters in RRWA, first year students work in small sections taught by full-time faculty members to develop key skills for legal practice, including legal research, writing and analysis.

Since 2011, the average bar passage rate for first-time takers among all North Carolina schools has been lower than the historical average. Last year the statewide passage rate for first-time takers was 65.90 percent; this year it was 72.20 percent. The overall statewide passage rate, which includes first-time takers and repeat takers, was 56.94 percent last year; this year the overall statewide passage rate was 61.75 percent. UNC again exceeded the statewide passage rates in both categories.

-September 20, 2017

Privacy and Safety Top Legal Issues at Police Cams Symposium

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NC Law Review
More than 100 students and scholars gathered at the Carolina Club in Chapel Hill for the annual North Carolina Law
Review symposium. Photo by James McLeod 2L.

North Carolina Law Review students host “Badge Cams as Data and Deterrent” to examine the role of video in documenting the relationship between the public, law enforcement and their government.

From the perspective of a camera worn on a police officer’s badge, shaky, chaotic video shows the torsos of fellow officers struggling to subdue an unseen suspect on the ground. “Stop resisting!” someone shouts. A second video, a birds-eye-view from a nearby building’s security camera, plays the moments before police approach the suspect. His hands are in the air, and he slowly lays down on the sidewalk before a group of officers race over and surround him. At least one officer is seen repeatedly kicking him.

Accountability, public safety, data security and privacy issues surrounding police body-worn cameras led the day’s discussion at the annual North Carolina Law Review symposium on Friday, Nov. 3, in Chapel Hill, N.C. The student-run journal at UNC School of Law brought together more than 100 law students, faculty, scholars and practitioners for a conversation on “Badge Cams as Data and Deterrent: Law Enforcement, the Public and the Press in the Age of Digital Video.”

“We had been thinking about police body-worn cameras in terms of access, transparency and privacy,” said Mary-Rose Papandrea, associate dean for academic affairs and media law professor at UNC School of Law, referring to last year’s national headlines about the Charlotte, N.C., police shooting death of Keith Lamont Scott. Papandrea was one of three symposium faculty chairs and said the group was thrilled when the journal editors selected their proposal for this topic.

Speakers included experts in criminal law and procedure, evidence, civil procedure, First Amendment, media law, privacy law, civil liberties and technology.

Recording Police Interactions Can Curb Harmful Behavior

According to University of Washington School of Law Professor Mary Fan, while body-worn cameras can curb harmful patterns of police behavior, it’s difficult to ensure that the public can access the government’s body-worn camera video databases to track those patterns. Other challenges include body cameras not being worn or turned on during crucial moments and the limited perspective that even video offers.

“We think when we see a video that we’ve seen the evidence, but if you have multiple videos, the whole story can change,” said Fan.

Margot Kaminski, a professor at Colorado Law, mentioned that citizen and police awareness of constant surveillance can create a chilling effect on both sides.

“People behave differently when they are watched,” she said. “People change their behavior to conform to majority norms.”

NC Law Review Panel
From left, Lauren Kosches 3L, Bryce Clayton Newell, and Mary-Rose Papandrea. Photo by James McLeod 2L.

Privacy Perils Are Real

Recent studies found contradictory results between body-worn cameras and a decrease in the use of force, according to Bryce Clayton Newell, a professor at the University of Kentucky School of Information Science. He said officers were often in favor of recording interactions because it provided evidence, but it also introduced privacy concerns when citizens would reveal very personal information about themselves and the videos would end up on YouTube.

“If you think that body cameras are a significant threat to privacy, you are right,” said Woodrow Hartzog, a law and computer science professor at Northeastern University. “Making information hard, but possible, to access is a potential compromise that could serve the values of both transparency and obscurity.”

Hartzog mentioned the reasonable expectation of privacy in public is misguided because it’s difficult to articulate the definition of public. “We live our lives knowing that most of our actions are unlikely to be known, even if they happen in public,” said Hartzog, citing that no one remembers who sat near them at a restaurant last week.

“Privacy harms are real, and they’re important to acknowledge, but that does not mean that we let these problems drive policy,” said Fan. New technology arrives much faster than policy changes. “Companies are working really hard on automated redaction using artificial intelligence. We should let policy drive technology.”

Innovative Advances in Body-Worn Camera Technology

How we design new technology determines power, said Hartzog. People should be able to request that they not be recorded, and for those who are recorded, they should be able to request that it not be stored indefinitely. Hartzog also suggested that facial recognition should be prohibited from body-worn camera technology.

Jay Stanley, senior policy analyst for the ACLU Speech, Privacy and Technology Project, shared his thoughts about a handful of new technology advances in police body cams that he had seen at a recent trade show. Among those included:

  • Outward facing monitors: “These can make people uncomfortable, but is a good reminder to people that they are being recorded.”
  • Live-streaming to police headquarters: “This is not the right balance for privacy,” and poses cybersecurity challenges.
  • Geo-tracking the location of officers: Could be a civil liberties issue. “How will your workforce feel if you are monitoring them that closely?”
  • Automatic camera activation: Video recording begins with calls from dispatch, physiological changes like an increase in heart rate or sudden acceleration, the opening of a car door or gun holster, siren activation, or detecting the sound of a gunshot.
  • Anger detection: Artificial intelligence listens for raised voices and looks for aggressive movements.

“The North Carolina Law Review, with the help of Professors Papandrea, Myers and Ardia, was thrilled to be able to bring together distinguished professionals in the areas of privacy and media law to present on such a relevant and timely issue,” said Lauren Kosches 3L, symposium editor for the North Carolina Law Review. “Our goal was to facilitate a lively and scholarly discussion on police body cameras and the data that comes along with them, and we definitely were able to accomplish this. We are currently editing a variety of articles by some of the presenters for publication in our symposium issue in June.”

-November 15, 2017

Holderness Moot Court Fall 2017 Competition Season Roundup

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Arbitration Team

Carolina Law’s newest team, the Arbitration Team, competed for the first time in November in the ABA Law School Division Regional Arbitration Competition in Pittsburgh. The team worked with Trial Advocacy Team members Marie Farmer 2L, Will Graebe 3L, Lauren Margolies 3L, Graham Morgan 3L, Jeff Warren 3L and their coach Professor Mark Weidemaier to prepare for the competition and proudly represent UNC School of Law. From left, Nicolas Eason 2L, Professor Mark Weidemaier, Sheri Dickson 2L, Rebecca Floyd 2L and Blake Benson 2L.

With the end of the Fall 2017 competition season concluding over the weekend, UNC School of Law’s Holderness Moot Court continued to represent the school with the same types of success that it marked in the Fall of 2016. The highlights this year include:

  • Finalist Award and Second Place Overall at the 10th annual National Latino Law Student Association Moot Court Competition by the Hispanic Latino/Latina Law School Association Appellate Advocacy Team, composed of Taylor Festa 3L and Martin Hodgins 3L.

  • Sweet Sixteen Appearance at Emory University's National Civil Rights and Civil Liberties Moot Court Competition by one of Holderness' Julius Chambers Civil Rights Appellate Advocacy Teams, composed of Austin Braxton 3L, Matthew Taylor 3L and Alexandra Snow 3L.

  • Final Four Appearance and 3rd Place Overall  at the William & Mary Negotiations Competition by one of Holderness' 2L Negotiation Teams, composed of Braxton Reyna 2L and Jasmine Plott 2L.

  • Elite Eight Appearance at the NYCBA National Moot Court Regional Competition at the Fourth Circuit Court of Appeals by one of Holderness' National Appellate Advocacy Teams, composed of Rachel Rice 3L, Rachel VanCamp 3L and Peter Kelly 3L.

  • First Place in Preliminary Rounds, Final Four Appearance and 4th Place Overall at the ABA Arbitration Competition by Holderness' newest team, the Arbitration Team, composed of Blake Benson 2L, Sheri Dickson 2L, Nicolas Eason 2L and Rebecca Floyd 2L. 

“The students representing UNC in the arbitration competition this past weekend did extremely well,” Professor Mark Weidemaier said. “They advanced to the semi-finals after winning the preliminary round, earning by far the highest score of the ten competing teams. They were edged out in the first competition of the semifinal round, ultimately placing fourth. Coaching credit goes to Will Graebe 3L, and a variety of other students with past trial team experience.”

As we applaud the accomplishments of those highlighted above, Holderness applauds equally those students who prepared so professionally and represented Carolina Law so beautifully at its Fall competitions:

  • The 2L International Team, composed of Lauren Toole 2L, Sabrina Galli 2L, William Patrick 2L and Phil Pullen 2L, at the Middle Temple Moot Court Competition at the N.C. Court of Appeals in Raleigh, hosted by Carolina Law.

  • The Asian American Law Student Association Appellate Advocacy Team, composed of Richard Chen 3L, Farrah Raja 3L, Xialou Sheng 2L and Tae Hun Park 2L at the Thomas Tang National Moot Court Competition.

  • The 3L National Negotiations Team, composed of Emily Jessup 3L, Kyle Jones 3L, Roy Dixon 3L and Jack Middough 3L at the ABA's National Negotiation Competition Regional Championship in Boston, MA.

  • The 3L Invitational Negotiations Team, composed of Evan Ryland 3L and Francis Ahia 3L, and the 2L Negotiations Team, composed of Evan Dancy 2L and W. Coker Holmes 2L at the William & Mary Negotiations Competition.

  • The 3L National Appellate Advocacy Team, (and last year's First-Place Winners of the Charleston National Moot Court Competition) composed of Hanna Fox 3L, Emily Notini 3L and Jeff Warren 3L, at the NYCBA National Moot Court Regional Championship at the Fourth Circuit Court of Appeals.

In addition to the members of Holderness highlighted above, Carolina Law’s competitive squads were coached and advised by more than four dozen faculty members, practicing attorneys, and fellow students (including members of the school’s Trial Advocacy Team assisting the new Arbitration Team). Holderness expresses its thanks to all our competitors and to the school’s ever-dedicated elite-skills community, with special thanks to team coaches Professor Mark Weidemaier and Will Graebe 3L (Arbitration Team), Professor Sam Jackson ’77 (Negotiation Team), Professor O.J. Salinas (HLLSA Team), Professor Catherine Kim (AALSA Team), Professors Mark Dorosin ’94 and Ted Shaw (Civil Rights Team), and Professor Don Hornstein (National Team).  


-November 27, 2017

5 Reasons to Earn 12 CLE Credits at Festival of Legal Learning

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Festival

Considered one of the best continuing legal education programs in the state, the 28th annual UNC School of Law  Festival of Legal Learning offers 120 sessions over a two-day period. Taught by a mix of law faculty, legal experts and practicing attorneys, the program provides an enjoyable way to build basics, sharpen skills and network with hundreds of members of the bar.

1. Satisfy CLE Requirements for 2017 or 2018

Festival offers attendees an easy and affordable way satisfy their annual CLE requirements, including ethics and mental health/substance abuse, by attending one program. The timing of the conference in early February allows attendees to apply credits to satisfy 2018 or 2017 requirements, making Festival a perfect conference for those who plan ahead and those who procrastinate.

2. Customize Schedule to Meet Individual Needs

Attendees can choose from 10 sessions per hour on such topics as media law, entrepreneurial law, immigration, consumer law, criminal law, environmental law, health law, intellectual property, trial skills, professional ethics and more to design a schedule that fits their needs. Featured programming like the annual Consumer Credit Symposium, and the popular Environmental Law Symposium and the Media Law Symposium, offers instruction from Carolina Law faculty and concurrent sessions for a deeper dive into popular practice areas.

3. Learn from Top Legal Scholars.

Nearly all of Carolina Law’s full-time faculty teach on a wide variety of timely topics. 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 and distinguished guest faculty.

4. Network with Old and New Friends.

Hundreds of members of the bar, including many Carolina Law alumni, attend Festival every year to catch up with friends and meet new colleagues. Registered attendees and speakers can attend a complimentary Friday evening reception hosted by the UNC Law Alumni Association and sponsored by North Carolina Lawyers Mutual Insurance Company. Lunch on Friday is also included in registration and provides ample time for networking.

5. Earn Affordable CLE Credit.

Reduced fees are available for judges, judicial clerks, full-time academics, JAG, government, non-profit and legal aid attorneys who register before February 2. UNC School of Law alumni receive a 10 percent discount.

Register Today!

The Festival of Legal Learning takes place February 9-10 at The William and Ida Friday Center for Continuing Education in Chapel Hill. This year’s conference registration gets you a day and half custom schedule, access to all digital conference materials and our new Festival guidebook, as well as two days of convenient parking, all breaks, Friday’s buffet lunch and “Side Bar” reception and, most importantly, CLE reporting. Register Now.

-January 5, 2018


Holderness Moot Court Fall 2017 Competition Season Roundup

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Arbitration Team

Carolina Law’s newest team, the Arbitration Team, competed for the first time in November in the ABA Law School Division Regional Arbitration Competition in Pittsburgh. The team worked with Trial Advocacy Team members Marie Farmer 2L, Will Graebe 3L, Lauren Margolies 3L, Graham Morgan 3L, Jeff Warren 3L and their coach Professor Mark Weidemaier to prepare for the competition and proudly represent UNC School of Law. From left, Nicolas Eason 2L, Professor Mark Weidemaier, Sheri Dickson 2L, Rebecca Floyd 2L and Blake Benson 2L.

With the end of the Fall 2017 competition season concluding over the weekend, UNC School of Law’s Holderness Moot Court continued to represent the school with the same types of success that it marked in the Fall of 2016. The highlights this year include:

  • Finalist Award and Second Place Overall at the 10th annual National Latino Law Student Association Moot Court Competition by the Hispanic Latino/Latina Law School Association Appellate Advocacy Team, composed of Taylor Festa 3L and Martin Hodgins 3L.

  • Sweet Sixteen Appearance at Emory University's National Civil Rights and Civil Liberties Moot Court Competition by one of Holderness' Julius Chambers Civil Rights Appellate Advocacy Teams, composed of Austin Braxton 3L, Matthew Taylor 3L and Alexandra Snow 3L.

  • Final Four Appearance and 3rd Place Overall  at the William & Mary Negotiations Competition by one of Holderness' 2L Negotiation Teams, composed of Braxton Reyna 2L and Jasmine Plott 2L.

  • Elite Eight Appearance at the NYCBA National Moot Court Regional Competition at the Fourth Circuit Court of Appeals by one of Holderness' National Appellate Advocacy Teams, composed of Rachel Rice 3L, Rachel VanCamp 3L and Peter Kelly 3L.

  • First Place in Preliminary Rounds, Final Four Appearance and 4th Place Overall at the ABA Arbitration Competition by Holderness' newest team, the Arbitration Team, composed of Blake Benson 2L, Sheri Dickson 2L, Nicolas Eason 2L and Rebecca Floyd 2L. 

“The students representing UNC in the arbitration competition this past weekend did extremely well,” Professor Mark Weidemaier said. “They advanced to the semi-finals after winning the preliminary round, earning by far the highest score of the ten competing teams. They were edged out in the first competition of the semifinal round, ultimately placing fourth. Coaching credit goes to Will Graebe 3L, and a variety of other students with past trial team experience.”

As we applaud the accomplishments of those highlighted above, Holderness applauds equally those students who prepared so professionally and represented Carolina Law so beautifully at its Fall competitions:

  • The 2L International Team, composed of Lauren Toole 2L, Sabrina Galli 2L, William Patrick 2L and Phil Pullen 2L, at the Middle Temple Moot Court Competition at the N.C. Court of Appeals in Raleigh, hosted by Carolina Law.

  • The Asian American Law Student Association Appellate Advocacy Team, composed of Richard Chen 3L, Farrah Raja 3L, Xialou Sheng 2L and Tae Hun Park 2L at the Thomas Tang National Moot Court Competition.

  • The 3L National Negotiations Team, composed of Emily Jessup 3L, Kyle Jones 3L, Roy Dixon 3L and Jack Middough 3L at the ABA's National Negotiation Competition Regional Championship in Boston, MA.

  • The 3L Invitational Negotiations Team, composed of Evan Ryland 3L and Francis Ahia 3L, and the 2L Negotiations Team, composed of Evan Dancy 2L and W. Coker Holmes 2L at the William & Mary Negotiations Competition.

  • The 3L National Appellate Advocacy Team, (and last year's First-Place Winners of the Charleston National Moot Court Competition) composed of Hanna Fox 3L, Emily Notini 3L and Jeff Warren 3L, at the NYCBA National Moot Court Regional Championship at the Fourth Circuit Court of Appeals.

In addition to the members of Holderness highlighted above, Carolina Law’s competitive squads were coached and advised by more than four dozen faculty members, practicing attorneys, and fellow students (including members of the school’s Trial Advocacy Team assisting the new Arbitration Team). Holderness expresses its thanks to all our competitors and to the school’s ever-dedicated elite-skills community, with special thanks to team coaches Professor Mark Weidemaier and Will Graebe 3L (Arbitration Team), Professor Sam Jackson ’77 (Negotiation Team), Professor O.J. Salinas (HLLSA Team), Professor Catherine Kim (AALSA Team), Professors Mark Dorosin ’94 and Ted Shaw (Civil Rights Team), and Professor Don Hornstein (National Team).  


-November 27, 2017

Annual CPILO Auction Benefits Public Interest Summer Grants

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The Carolina Public Interest Law Organization (CPILO) will host its annual auction on Thursday, Jan. 25, 2018, at 7 p.m. in the Great Room at Top of the Hill in Chapel Hill. A signature Carolina Law event since 1997, the auction includes heavy hors d’oeuvres, a cash bar, and both silent and live auctions. Tickets can be purchased for $25 at the door or $20 in advance in the law school’s rotunda. All proceeds will fund grants for law students working in unpaid, public interest law positions this summer.

Each year, the event gives students the opportunity to bid on a range of unique experiences. This year, auction items include a full Kaplan Bar Review course valued at $2,000; a seven-night stay in Gansbaai, South Africa, an area known for whale-watching, wineries and scenic hiking,; and two tickets to the UNC vs. Notre Dame men’s basketball game in February. Organizers aim to raise $25,000, surpassing the roughly $20,000 raised by last year’s auction.

“The auction provides direct scholarships to law students who wouldn’t otherwise be able to have opportunities to explore public interest fields during their summers and ensures that great public interest organizations get to know and have access to passionate students who use their time to make an impact in the community,” says CPILO Vice President Lauren Toole 2L.

CPILO is a student-run group that works in collaboration with UNC 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 16, 2018

Deborah Gerhardt Honored with University's Highest Teaching Award

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Deborah Gerhardt

A UNC School of Law professor is the recipient of one of the 2018 University Teaching Awards, the highest campus-wide recognition for teaching excellence. Associate Professor of Law Deborah R. Gerhardt was recognized with the Distinguished Teaching Award for Post-Baccalaureate Instruction, which acknowledges the important role of post-baccalaureate teaching. Created in 1995, this award carries a one-time stipend of $5,000.

Recipients were honored during halftime of the men’s basketball game against Georgia Tech on Jan. 20. Chancellor Carol L. Folt also will host a spring banquet to honor the winners. The 25 awardees were chosen in nine categories. 

The University Committee on Teaching Awards, which oversees the selection process, encouraged students to nominate deserving faculty and graduate teaching assistants for the awards. The committee specifically sought nominations with specific examples that display the nominees’ care for students, mentorship or effective use of classroom methods.

“The winners of these awards exemplify what it means to be a Carolina faculty member,” said Bob Blouin, provost and executive vice chancellor. “The awards recognize their dedication and determination to inspire our students and help them learn and grow.”

See the full list of honorees at UNC News.

-January 22, 2018

Carolina Lawyers in the Military

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This article originally appeared in the February 2018 issue of Carolina Law.

Only a handful of Carolina Law graduates enter the Judge Advocate General Corps each year. Those who do find the work highly gratifying.

Maj. Cal Cunningham '99

Maj. Cal Cunningham '99

When Maj. Cal Cunningham’99 teaches Green Berets in the Special Operations Command at the Army Special Warfare Center and School about the rules of engagement, he shows a clip from the movie “Lone Survivor.” A four-man unit of Navy SEALs unexpectedly comes upon a goat herder and his two sons. That 3-minute scene as the SEALs run through their legal and ethical options illustrates why all branches of the military value judge advocates.

The herders don’t have rifles: Can they still be deemed combatants? They haven’t done anything hostile yet, so the SEALs can’t shoot. Is an angry look grounds for hostile intent? Tying up the herders to give the SEALs time to escape leaves them to die from animal attacks or cold, and the SEALs would be charged with killing innocent people on the battlefield. But if the SEALs let them go, the herders may go straight to the enemy and put the SEALs in peril. 

Doing nothing is not an option, and the highest-ranking SEAL must decide fast.

Cunningham, right, pictured with John W. Booker '03 and Terri Erisman '98 in Baghdad, Iraq. Booker currently serves as deputy staff judge advocate with the U.S. Army Africa/Southern European Task Force, stationed in Vicenza, Italy. Erisman is currently a student in the Army War College at Carlisle, Penn.

“There are different layers of complexity in battle today,” Cunningham says. “The mission is very different from taking territory, like in World War II when you knew the German and Italian armies were the bad guys.”

Firepower alone isn’t the answer in the complex battlefields of the Middle East. Setting up the rule of law and a judicial structure are the foundations of government, Cunningham says. “Engaging with the population to help bring about security so locals can develop governing institutions are the kind of things lawyers are trained for.”

Only a handful of Carolina Law graduates enter the Judge Advocate General Corps each year. Those who do find the work highly gratifying. They know that what they do every day matters.

Mangual
Daniel Mangual '11

Lt. Daniel Mangual '11

“There’s a definite sense of mission in this job,” says Lt. Daniel Mangual ’11, the Navy’s deputy assistant fleet judge advocate in Bahrain. “You know that what you’re doing has a purpose beyond you.”

Only about 12 percent of the U.S. population is eligible to serve (age, poor physical fitness and background checks eliminate many people), and even fewer qualify for JAG. Yet all branches of the military are known for their diversity.

“There’s not one type of Navy judge advocate,” Mangual says. “In the JAG Corps, we want to reflect the fleet, and the fleet reflects America.”

Judge advocates begin practicing law directly with their own clients almost immediately and rotate assignments to gain experience in administrative, operations and trial work. They have the satisfaction of serving their country. If they practice administrative law, they take care of legal matters to reduce the stress of those defending the U.S., both at home and abroad. If they litigate, they either defend the rights of the accused, or they work to weed out those who don’t or can’t conform to life in the military. If they advise commands on operations, they are the ethics watchdogs.

“We’re a law firm, essentially, of 900 attorneys servicing a client base of 325,000 people,” Mangual says.

A law firm with one important difference: JAGs are soldiers, sailors, airmen and marines first.

Jocelyn Mitnaul '14 and Maj. Sunny May Montas '00

Jocelyn Mitnaul '14

“You’re not just a lawyer; you’re also an airman,” says Jocelyn Mitnaul ’14, an Air Force captain until her medical retirement last year. “You go to basic training before you go to JAG school,” she says, “because if you can’t cut it in one, we won’t send you to the other.”

Maj. Sunny May Montas ’00, the operations officer for the 3rd Marine Expeditionary Brigade, the Marine Corps’ crisis response force in the Pacific, considers herself a Marine first, and then a lawyer. The Marines can assign her to both legal and non-legal jobs, and she has served in Afghanistan in 2004 as an adviser to the Afghan National Army as the U.S. helped stabilize the country after it’s first democratic elections, and again in 2013, when suicide bombers were a regular occurrence. She also was part of rescue efforts after an earthquake and tsunami overwhelmed Japan.

President Ronald Reagan once said, “Some people wonder all their lives if they’ve made a difference. The Marines don’t have that problem.” Montas agrees: “I’ve done something to change the world in my lifetime,” she says. “Not everyone can say that.”

Aspiring judge advocates enter the military in a variety of ways: before college, during or after law school, or after they’ve worked as a lawyer for a few years.

Mitnaul enrolled in the Air Force Academy at age 18. Four years into her five-year active-duty commitment, she won the Air Force’s lone law school scholarship and enrolled in Carolina Law, the Air Force paying her salary all the while. She passed the bar and joined the JAG Corps, and two months later she was in the courtroom, prosecuting her first case.

Before being allowed to prosecute or defend a client at all levels of trial by themselves, Air Force JAGs must be certified by a judge who has observed their work. Mitnaul’s experience on the mock trial team all three years at Carolina led her to be certified in record time. She also gained courtroom experience from her externships at the Wake County Public Defenders Office and the U.S. Attorney’s Office in the Eastern District of North Carolina. 

Sunny May Montas
Sunny May Montas '00 in Afghanistan in 2013.

Lt. Col. (P) Judy Boyd '96

Judy Boyd
Judy Boyd '96

Lt. Col. (P) Judy Boyd ’96 received a two-year Reserve Officer Training Corps (ROTC) scholarship as an undergraduate. After she graduated, the Army allowed her to postpone active duty until she finished law school (which she paid for out of her own pocket). She passed the bar and had been working as an intelligence officer for a couple of years when a mentor suggested she join the JAG Corps. She rotated through its development assignments, initially as a prosecutor, before specializing in operational law, accepting international assignments and working in the intelligence community. Her deployments included the conflict in Bosnia, the war on drugs in South America, the ground invasion of Iraq and a year in the demilitarized zone in Korea.

Once Boyd had logged 10 years of active duty, she became a “weekend warrior” in the Army Reserve and worked full time as the deputy associate general counsel for intelligence for the Department of Homeland Security in Washington, D.C. She returned to active duty twice on yearlong mobilizations, first to negotiate for more U.S. troops in Europe and then to help the Afghans on rule of law.

“It’s hard to leave life behind and put family, friends and career on hold for a year,” Boyd says of the deployments, “but it was very rewarding.”

Michael Richardson
Michael Richardson '94

Ret. Col. Mike Richardson '94

Sometimes the military will pay for law school, through its Funded Legal Education Program. Ret. Col. Mike Richardson ’94 recalled applying for FLEP as a Marine Corps tank officer “from a foxhole in the desert, next to my tank in Saudi Arabia, waiting to cross the Kuwaiti border.”

“I didn’t have an application because we couldn’t get 4th-class mail over there,” he says, “so I hand-wrote a letter, and my wife sent in a copy of my transcript.”

During his 27 years in the Marines, 21 of them as a lawyer, Richardson split his time between prosecution and defense before being promoted to judge. The Marines paid for him to acquire an LL.M. in military law, then sent him to Okinawa, Japan, as an officer in charge of a law center, akin to being managing partner of a law firm. He went to Hawaii for a year as a battalion commander, then moved along the West Coast, wherever his assignments took him. Two years ago, he retired from the military and now serves as an administrative law judge for Social Security.

Periodically, he thought about leaving the military to make more money in the private sector, “but I just loved every day of being a JAG,” Richardson says.

“Every time I spoke with my former law school classmates about their billable-hour grind and the work they were doing, I was remotivated,” he says. “My job was fantastic, and most importantly, I was working with people who loved what they were doing and wanted to do it well. There’s no corporate backstabbing — it’s all about teamwork. Plus, you have the opportunity to go places and do things you’ll never do in a civilian law firm. 

“I miss it every day.”

Judy Boyd How to sketch a crime scene
Boyd (standing, on right) was part of a team of Afghan and U.S. criminal investigation experts skilled in crime scene forensics and data gathering. The team trained another class of Afghan law enforcement officials to employ cutting-edge techniques that will assist them during prosecutions of accused persons. (U.S. Army Photo by David Wheeler, USFOR-A)

Lt. J.G. Chidiebere Madu '17

Chidi Madu
Chidiebere Madu '17

Lt. J.G. Chidiebere Madu ’17 commissioned in the Navy a few months before graduating law school last spring. After passing the bar, he spent five weeks in the Navy’s Officer Development School with other young professionals — doctors, dentists, nurses and other health experts — as an orientation to Navy culture and leadership. Then the lawyers were sent to the Naval Justice School in Newport, R.I., for 10 weeks to learn the specifics of what they would do next — legal assistance on non-litigation matters, advising naval commanders and trying court martial cases. Now he’s poised to start his four years of active duty, followed by four years in the Reserve. His first tour will be at the Naval Air Station in Jacksonville, Fla. And he feels ready, in part because of the solid legal education he received at Carolina.

The law school has excellent professors and opportunities for pro bono work, internships and externships says April Giancola, director of public interest advising. The school conducts information sessions on what it’s like to be a JAG officer, often drawing in alumni to interview potential JAG candidates.

The JAG Corps can be a steppingstone to other government agencies or private practice.

“JAG is respected in the legal community,” Giancola says. “It’s a door-opener and a career-shaper. JAG will take young lawyers far professionally and personally.” 

The law school also recruits prospective students who have had military experience, says Kelly Podger Smith ’02, associate dean for student affairs.

“They bring maturity, leadership and a different perspective,” she says. “Some look at a law degree as a way to transition back into civilian life.”

Carolina Law students formed VALOR (Veterans Advocacy Legal Organization), a student group that offers pro bono legal services to aid veterans, educate the community and provide a strong network of military-affiliated students and supporters. The law school has a separate veterans legal clinic and a daylong event, Wills for Heroes, co-sponsored by the N.C. Bar Association, to help veterans with legal paperwork.

A military career has many benefits not available in the private sector. Montas, the Marines operations officer, advises young lawyers to look beyond the pay scale. In addition to the base salary, the military gives housing and food allowances that aren’t taxable, and will pay for additional education, such as an LL.M. for Montas. She and her family receive free health care, and when she retires, she will receive a pension of half her full salary.

And there’s the travel. Montas’ career has taken her to Australia, Bali, Borneo, Cambodia, Malaysia, the Philippines, Thailand and other exotic spots, places she wouldn’t have gone to had she had to pay for it herself. 

The work assignments change, too.

“Each job challenges me academically and athletically,” she says. “I’m constantly sharpening the knife.”

Participating in world affairs and some of the most complicated challenges the U.S. faces ultimately compelled Cunningham to enlist. Joining the military was “an important way to contribute to our nation’s influence in the world,” he says. (He joined the Navy initially, but after 9/11 transferred to the Army because “the bad guys were on land not at sea.”)

Since then, he has participated in remarkable events that will be remembered in history, alongside some of the best and brightest people who have made personal sacrifices for the greater good. In Afghanistan, he practiced contract and fiscal law, which can sound mind-numbingly dry, he says, but, “I was also a key part of the operational decision-making: reviewing combat operations plans, advising commanders in real time on rules of engagement, the laws of war, on what to do with detainees and how to comply with our international obligations while in combat.”

What do you do with a detainee who is not complying with the laws of armed conflict? Do you classify detainees as either prisoners of war or unlawful combatants and does it matter? How do you create government institutions? How do you make nuanced decisions about application of force?

That complex environment, Cunningham says, is well-suited for the analytical tools that lawyers bring to their jobs every day.

-January 25, 2018

Special Agent Oliver Halle ’74 Gives Back to Veterans Through Scholarship Fund

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Oliver Halle

This article originally appeared in the February 2018 issue of Carolina Law .  

As a child, Oliver Halle ’74 watched people commuting each day to work via the Staten Island ferry and New York City subways and knew that he wanted a different life. “I wanted something that was going to keep me from sitting behind a desk, locked into a daily routine,” he says. With a 28-year career as a Special Agent in the FBI, after serving as a commissioned officer in the U.S. Navy and Naval Reserve, Halle certainly achieved that goal.

After college, Halle was on active duty in the Navy for three and a half years, including one year as the officer in charge of a swift boat in Vietnam. He says that during the many hours he stood watch on naval ships, he decided to apply to law school.

“I knew that I wanted to be in the FBI but even though I didn’t need a law degree for that career, I thought it would be advantageous to learn the critical thinking skills that come with a legal education,” says Halle. He is grateful for his years in Chapel Hill. “UNC gave me a world class education that I was able to carry with me for the rest of my career,” he says. “My UNC law degree opened doors wherever I went.”

And Halle went many places. As a member of the FBI’s Overseas Prosecutorial Development, Assistance and Training unit, he traveled extensively throughout the world for the U.S. Justice Department. “We trained police, judges, investigators and prosecutors in Third World and former Soviet bloc countries to help them become more skilled,” he says.

Halle’s FBI career also included serving as a legal instructor, keeping agents up-to-date on criminal procedure changes. He also handled foreign counterintelligence in New York, keeping track of the KGB, the Soviet intelligence service.

Halle says that the apex of his career was fighting organized crime in New York City.

“I was part of the squad that brought down the hierarchy of the Colombo family, one of the ‘five families’ in New York organized crime,” he says. “I wrote the affidavits for electronic surveillance which was a huge part of gathering the evidence we needed to convict these people. We took down the boss, the underboss and a whole line of capos. It was the first time there was a success like that with an organized crime family.”

After retiring from the FBI in 2003, Halle started two businesses: private investigations, primarily for attorneys, and “Corporate Scared Straight,” a fraud prevention and ethical awareness corporate training program. “I, along with two white collar felons who have served time in federal prison, try to sensitize good, honest, moral ethical people that they can get in trouble in ways that they can’t imagine,” says Halle.

Now mostly retired, Halle has time to enjoy his recently born first grandchild and his three adult children, all of whom are medical professionals. He has reflected on the arc of his life and the people who impacted it. “When I was going through Officer Candidate School in 1967, one of the instructors was instrumental in my getting through celestial navigation which was a tough course,” remembers Halle. “I didn’t know how to say thanks for what he did for me. So I made a commitment then that someday, I would pay forward the help I was given that allowed me to get where I wanted to go.”

Carolina Law is the beneficiary of the commitment Halle made 50 years ago. He recently made a generous gift establishing a scholarship fund, with preference to support veterans who enter the law school.

“I appreciate what service members do so this is a little way of saying thank you to them,” says Halle. “I knew that once I was finished putting my children through school, if I had any extra money, I wanted to help in this way.”

Halle says that it’s important to him that none of his donation is inherited money. “My point is that I’m not giving away money that doesn’t mean anything to me,” he says. “I can assure you it does! But I’m happier to be doing this than spending the money to replace my 14-year-old car. I felt like I should make this contribution even if it pinches a little bit.”

“I have done my best to show my appreciation and gratitude to this intangible thing that got me to where I am today,” says Halle. “I have gotten lucky breaks along the way and I feel good that I can pay it forward.”

– Michele Lynn

-January 31, 2018

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