The Current Winter 2013

currentthethe magazine of

the Appalachian School of LawWinter 2013

Dean Lucy S. McGough and husband Professor James Bowers in Grundy, Virginia, with their dogs: Beowulf, Dolly, Buster, and Moonshine.

Current (Winter 2013)B.indd 1 2/26/2013 10:39:14 AM

Dean: Lucy S. McGoughManaging Photographer: Taylor BurgessContributing Photographers: Chris King. Emily Elliott, Akiah Highsmith & Justin Jennings Managing Layout: Daniel RobinsonContributors: Patrick Baker, Rebecca Belcher, Mark Belleville, Janie Castle, Karen Harvey, Derrick Howard, Patty Lester, Lucy McGough, Tonya Moore, Glenna Owens, Alan Oxford, Brenda Oxford, Brian Presley, Mary Ragland, Jina Sauls, Beth Stanley, Peggy Street & Eric von Kleist

currenttheis published twice a year for alumni and

friends of the Appalachian School of Law. Send comments or questions to

[email protected]

We lead with the very sad echo of the news of our great loss due to the death of Roger Pow-ers. It is a sketch of his life and many contributions to this Law School and this entire area of western Virginia. But to really know Roger, you had to ask him to check something out for the Law School, or to hear him tell a good story and laugh at the ending, to watch him dance at the Gala or smile at Sheilah. He is irreplaceable, but we will search for a surely feeble way to memori-alize him and announce it at graduation.

On the heels of this horrific loss, we look to the future and talk about the first live-client clinical course ever offered at ASL. Roger would like that. We talk about making good on the promise of our mission to prepare students for practice upon graduation.

The next story is one in which we should all take great pride. The sponsorship of Darryl Hunt as a speaker at ASL was completely conceived by and made the event of the Fall semester by two extraordinary law students, Laurie Conrad and Katie Kennedy. Hunt is a convicted man exonerated by the Innocence Project, and Conrad and Kennedy hope for the creation of an In-nocence Project here at Appalachian Law School. We all hear about student ennui, student disen-gagement, graduates’ preoccupation with salary levels: In contrast, this campaign is a perfect example of student perseverance and leadership in bringing to the attention of the community the need to remind us about justice.

We report on the Gala held immediately before the beginning of orientation in the Fall because it has become a great source of financial support for our scholarships dedicated to those who died in the tragic homicides of 2002. As the tragedy at Newport reminds us, assaults can occur with little warning and with devastating consequences. Out of such tragedies can come protections. Our Gala, thanks to the work of its volunteer committees, makes substantial contributions to the financial support of needy students.

The Natural Resources Law Center concept was launched under the leadership of Dean Shinn and confirmed by the appointment of the Center’s Executive Director, the Honorable Elizabeth McClanahan. This article outlines the development of the Center’s programs which will produce an enhanced national reputation for the School and increase the Center’s impact on the development of state and national natural resources policy.

The Faculty News section gives a reader some idea of the varied and interesting issues probed by members of the ASL faculty. While this Law School values teaching and mentoring, faculty publications bring intellectual insights to the consciousness of others in academia and beyond to the practicing bar and courts. We are impressed by the productively of our faculty members, especially in view of our “open office” policy. Danielle Kiser was a new and greatly valued addition to our faculty this year, and she is the subject of a special profile.

In addition to Roger Powers, we also lost as a trustee, Judge Glen Williams. At age 92, Judge Williams was no longer such an active force as Roger Powers, but he was a universally esteemed judge and mentor, and we were honored that he agreed to be a trustee. His funeral was among the most moving that many of us had experienced: a tribute to his family of origin and to his adopted family of law clerks.

We hail our Ambassadors who are such a valuable recruitment source! As we redouble our efforts to recruit an outstanding class of 2016, we acknowledge that our best admissions advisors are our Ambassadors. From calling potential ASL students to touring the School to updating blogs about the many advantages of life at Appalachian, they perform an invaluable and irreplaceable service to the School.

The Class Notes section is probably the first section we all turn to in viewing information from our home institutions – despite 4 years of Latin, how to make plural almae matres? I think the contributions of alumnae/ni are especially interesting this year. We hope you enjoy them and will add your notes in future years. As a planned future feature, we highlight a member of the class who is a source of inspiration for us all, Eugene Sisco, Jr. We are honored that he consented to share his story.

Finally, I would note for the record that this edition of The Current was the work of a Committee under the leadership of my Assistant, Ms. Brenda Oxford. Daniel Robinson helped with the layout. This is the first edition we have attempted without someone whose exclusive duties were to produce this collection of articles. Ms. Oxford exemplifies the “Appalachian spirit”: Someone had to step forward and say, “with help, I can do it.” She did it, as it turns out, with rather limited help from the rest of us. To Roger Powers, Glen Williams – those who have helped and left us – and Laurie Conrad, Katie Kennedy, and Daniel Robinson who represent our present and future spiritual commit-ments – and Brenda Oxford and others of our administrative staff who keep the lights on and presently plan for expansion of our mission – we salute you.

Note the back cover: Appalachian Law School in the beauty of a snowstorm, a photo taken by Taylor Burgess on January 18, 2013. It is a more beautiful apparition than an event to be enjoyed. Thus, is it ever so.

Dean’s Corner: Lucy S. McGough


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ASL’s Mission Statement declares that we offer a “rigorous program for the profes-sional training of lawyers”. Most law schools that embrace similar goals of produc-ing “practice ready” lawyers break down professional training into four components: providing knowledge of substantive law; providing an opportunity for students to observe lawyers’ work; providing an op-portunity for students to perform lawyers’ work in a safe environment of simulated exercises; and finally, providing an opportu-nity for students to accept responsibility as appointed co-counsel for a live client under the supervision of faculty and members of the bar. This last opportunity has been lacking in the Law School curriculum until Spring 2013.

Associate Dean Sandy McGlothlin, who has taught both the basic course in

Family Law and the Family Law Practicum for many years, invited new Dean Lucy McGough to co-teach the Practicum with her. Dean McGlothlin has always included a rich assortment of simulated exercises in the Practicum, from interviewing, trying a motion, drafting separation agreements, to a full-scale divorce trial. McGough, who has taught Family Law, a Domestic Violence Clinic, and a Clinic in Family Law Mediation, suggested that they offer a highly supervised live client representation experience within the Practicum. McGloth-lin agreed, and Pebbles Burgess, an alumna and a highly regarded family law specialist in Buchanan County, was enlisted for her expertise in local practice norms and for her ability to secure appointments to represent low income residents in the County who are enmeshed in domestic relations disputes.

Ms. Burgess remains counsel of record, and under her supervision, the students may engage in practice under Virginia’s Third-Year Practice Rule. A pair of law students is assigned to a particular client, handling all stages of representation from interviewing the clients and witnesses through to the drafting of any order resolv-ing the controversy. Ms. Burgess believes that case assignments will include contested child custody disputes and procuring protective orders in partner violence cases among family law controversies. Every two weeks, and earlier as needed, the student lawyers present problems and proposed strategies that have emerged from their as-signed case(s) to others during class. In this way, the unique experience offered by one client’s case can be shared by all members of the Practicum.

Family Law Practicum helps produce “practice ready” lawyers

ASL Bids Farewell to Longtime Founding Board Member Roger Powers

“A gentleman, friendly, a problem-solver, ea-ger to be helpful, devoted to his family, Roger

Powers passed away on Wednesday, December 19, 2012, at his home.” --Dean McGough

Roger Powers1934-2012

Roger Powers was currently serving as Town Manager in Grundy since 2011. Prior to that role, he was a member of the Grundy Town Council (1994-2005); Vice-Mayor on two occasions; Mayor of the Town of Grundy (Jan. 2005-Jan. 2011). Mr. Powers was also a member of the Grundy Industrial Develop-ment Authority, John Flanagan Water Au-thority, Breaks Airport Authority and Board Member of the Breaks Interstate Commission.

A Kentucky Colonel, Mr. Powers also represented the U.S. Army at Ft. Jackson Army Base on the basketball and golf teams.

Among his many activities, Mr. Powers was a member of the Boy Scouts of America, a lifetime member of Sigma Alpha Epsilon Fraternity, and a member of the Sons of Italy in Bluefield. He was a charter member of the Willowbrook Country Club where he served on the Board and was past President and also a founding member of the Olde Farm Golf Club in Bristol.

He was a member of Sandy Valley Lodge No. 17 in Grundy and a 32nd degree Mason, Roanoke, VA, and a member of Kazim Shrine Temple. Mr. Powers was a member of Grundy Lions Club with 46 years of perfect attendance.

Mr. Powers was a member of many Boards including the Appalachian School of

Law, where he presently served on the Finance Committee and formerly as Chairman of the Board. He was on the Board of Trustees at the Appalachian College of Pharmacy serving as Secretary & Treasurer.

A business man, he had owned several businesses over the years including his latest company, Excello Oil Corporation.

Roger Powers was named Buchanan County Chamber of Commerce Man of the Year in 2010.

He is survived by his wife of 57 years, Sheilah Powers of Grundy as well as two daughters, Shonna Powers, Grundy; and Renee Johnson and husband, Jimmy, of Chesapeake, VA.

Roger Powers (right) stands with his wife Sheilah (left) and family friend Ginger Harris (middle) during ASL’s annual Gala.


One of the highlights of the Fall Term was the presentation made by Darryl Hunt, a North Carolina man who served nearly 20 years in prison until he was freed after DNA evidence proved his innocence. The ASL courtroom, though filled with over 300 students, was quiet as Hunt gave a chilling narrative of his misidentifica-tion by the victim of a 1984 rape who lived to tell about a related murder. He was 19 at the time of his arrest and pleaded not-guilty, protesting his innocence. He was convicted and sentenced to life in prison, only one juror’s vote away from the death sentence.

“Innocence is a hard thing to prove because you can be accused of anything,” Hunt told the ASL community. Hunt got legal help by contacting The Innocence Project, a non-profit legal clinic affiliated with the Cardozo School of Law at Yeshiva University, founded by law professors Barry C. Scheck and Peter J. Neufeld in 1992. There have now been 300 DNA exonerees served by the Innocence Project which is dedicated to exonerating wrongfully convicted individuals through DNA testing and criminal justice reform. DNA evidence came into use in 1994 and fortunately, Hunt’s conviction was based on circumstantial biological evidence, both semen and blood, and even more fortunately those

samples had been preserved and could be located for testing. Through a series of DNA tests, Hunt was scientifically

proved not to be the homicidal rapist, though it took another ten years of legal maneuvering and bureaucratic resistance

before he was released on Christmas Eve 2003. He was fully exoner-ated and had his full civil rights restored in Feb-ruary 2004.

Hunt spoke quietly and showed part of a documentary video that had been made of his and other In-nocence Project cases. When asked what his life was now like, he gave a remarkable account of rou-tinely withdraw-

ing small amounts of money from ATM machines wherever he travels in case he needed the receipts to prove where he was at a certain time. The receipts provide an alibi in case he is ever falsely accused again.

Hunt was invited to ASL by two members of the student body, Laurie Conrad and Katie Kennedy, who hope to begin an Innocence Project Chapter here in the Spring, and the Dean has found working space for the new organization. The “Innocence Network” has chapters at many American law schools, includ-ing Wake Forest, Tulane, West Virginia, and Virginia. Through contacts with the Chapter at the University of Virginia, Conrad heard about Hunt and made all arrangements for hosting him during his stay. Conrad and Kennedy are now reading through inmate letters requesting student assistance in securing their exoneration.

Hunt ended his presentation to the ASL law students by cautioning, “When you go through your cases after law school, remember you’re talking about human beings,” he said. “When we misjudge people, this is what happens.”

Daryll Hunt stands with third-year students Laurie Conrad (left) and Katie Kennedy (right) before his talk on Sept. 6. Hunt was falsely convicted in 1984 before being exonerated in 2004.

Hunt speaks to ASL students on innocence project

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“When you go through your cases after law

school, remember you’re talking about human

beings.”Darryl Hunt


Appalachian School of Law Board of Trustees

2012 Golf Tournament and Gala a Success

ASL’s 16th Annual Golf Tour-nament on August 18, 2012, fielded players on a beautiful summer day at the Willowbrook Golf Course.

Gala festivities that night featured music by Class Act, great food by Josephine, and the formal welcome of Dean Lucy McGough and Professor James Bowers to ASL.

The net amount raised for the Thomas Blackwell and L. Anthony Sutin scholarships topped $60,000.

Left: Jim Wayne Childress, Tracy Stallard, Jim Childress and Jason Gallagher won the Morning Championship Flight with a score of 46.

Below: James Bowers presents Tom Scott a plaque recogniz-ing his 16 years of fundraising efforts for the Golf Tourna-ment & Gala.

Left: Allison Street and Shonna Powers at the Gala on August 18 in the ASL Courtyard.

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Left to right: Judge Birg Sergent, Joseph Wolfe, Jim Wayne Childress, Judge Teresa Chafin, Roger Rife, Dexter Ray, Donnie Ratliff, Dawneda Williams, Judge Keary Williams, the late Roger Powers, and Mickey McGlothlin.


Excitement is growing over the official launch of ASL’s Natural Resources Law Program begin-ning next academic year. In the words of Virginia Supreme Court Justice Elizabeth McClanahan, the NRLP is intended to provide a place for rational discussion, intel-ligent debate and collaboration by engaging both students and the surrounding community in efforts to balance our very real energy needs with stewardship of our land and natural resources.

It was nearly five years ago that ASL formulated a plan to cre-ate a nationally-recognized natural resources law program. The goal was to take advantage of ASL’s lo-cation in the heart of Appalachia’s coal and gas fields, to attract high quality students with an interest in this area of the law, to provide a resource both to the surround-ing community and to the many energy and mineral employers in the region, and to enhance ASL’s academic reputation. Now, due to the foundation that has been laid by many dedicated stakeholders, faculty members, Board members, students and friends of ASL, the NRLP is ready to launch.

The NRLP will be formally rolled out at a symposium in the Fall of 2013 in Abingdon, Virginia. There, respected legal experts will interact with ASL professors in examining topics relevant to policy-making and practice in natural resources

law, particularly as they relate to the Appalachian region. The tentative 2013 program is titled “The Future of Energy.” Cur-rent plans are to host such a symposium biennially.

The core of the NRLP has to be its curriculum. This spring saw the offering of two new cutting-edge practicums – Coal Law and Environmental ADR – joining current offerings in Environmental Law, Natural Resources Law, Sustainable Energy Law and Real Estate Transactions. The faculty has also

approved offerings in Oil & Gas Law, the Law of Renewables and Water Law. This base of natural resources law courses will allow the NRLP to offer a specialized Certifi-cate in Natural Resources Law be-ginning next year, so students can highlight for prospective employers their commitment and knowledge in

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Rewarding Careers in all aspects of Natural Resources

Virginia Supreme Court Justice Elizabeth McClanahan says the NRLP is intended to provide a place for rational discussion, intelligent debate and collaboration by engaging both students and the surrounding community in efforts to balance our very real energy needs with stewardship of our land and natural resources.

Professor Patrick Baker (Law Professor at the Appalachian School of Law), Karen Harbert (President and CEO of the In-stitute for 21st Century Energy U.S. Chamber of Commerce), Jeff Holmstead (Partner at Bracewell & Giuliani) and Robert Powers (Chief Operating Officer for American Electric Power). Photo courtesy of Richmond Chamber of Commerce.

Natural Resources Programto launch in Fall 2013


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this area. The formal launch also allows the NRLP to highlight

other keystones of the Program that have been put in place over the past several years. ASL’s ongoing relationship with the Energy and Mineral Law Foundation (EMLF), for example, provides opportunities for scholarship awards, continuing le-gal education and networking with leading energy and mineral practitioners. ASL has active student organizations for both Energy and Mineral Law and Environmental Law, and puts out a dynamic Journal of Natural Resources Law (JNRL). ASL also takes moot court teams to nationally-rec-ognized competitions in areas of environmental law and energy law. Finally, for the past several years, ASL has partnered with Virginia Tech to offer a Certificate of Graduate Studies in Natu-ral Resources, which reflects the interdisciplin-ary approach of the NRLP and allows students to take graduate level classes from one of the nation’s premier natural resources programs.

Other components of the 2013 launch include the expan-sion of natural resources law sites for externships, and the start of a competitive program for placing 2Ls at select sites for paid summer internships. Further, to attract the most qualified stu-dents with an interest in natural resources law, ASL will begin awarding natural resources related scholarships for full tuitions and a living expenses stipend. Finally, as part of its broader efforts, ASL has begun exploring summer offerings in order to provide greater curricular choices to ASL students and eventu-ally to attract students from other institutions.

Key drivers behind the NRLP launch are Program Chair Justice McClanahan and Program Counsel Dan Caldwell. Justice McClanahan practiced for 19 years in the area before being appointed to the Virginia Supreme Court, and she is ASL’s first Street Memorial Distinguished Visitor in Real Estate Law. Mr. Caldwell, a Principal and Shareholder of McElroy, Hodges, Caldwell and Thiessen, oversees the implementa-tion of all aspects of the Program and leads efforts to establish relationships with representative consumers of the NRLP. ASL has also built an advisory Task Force of leading attorneys and representatives of the energy industry, regulatory agencies and environmental conservation groups. The Task Force has begun meeting and advising ASL on the real-world legal, industrial and environmental landscape in order to develop the strategic direction of the NRLP.

Of course, none of the NRLP’s ambitious goals can be met without the generous institutional support of the ASL and several of its friends. The NRLP has received over $300,000 in significant gifts from area foundations, industry and indi-viduals to further its mission. The W. Arthur & Frankie Mae (McGlothlin) Street Distinguished Visitor Fund provides for faculty, staffing and program initiatives, and a local founda-tion issued a matching challenge of $25,000 per year for five years. A leading energy company has met the challenge with a $25,000 scholarship; subject to annual review, the scholar-ship will be renewed for four additional years. An anonymous individual donor celebrated the holidays in December with a $10,000 gift to the NRLP to honor family and friends. In addition, Dominion Energy made a $95,000 grant award to Professor Buzz Belleville to examine wind energy development in Virginia.

The NRLP will draw on ASL’s diverse and highly qualified faculty, all with significant relevant practice experience. Pro-fessor Paula Young, a nationally-recognized expert in alterna-tive dispute resolution, is currently teaching Environmental ADR. Professor Priscilla Harris is ASL’s authority on envi-ronmental statutes, and has been teaching environmental law at ASL since before the concept of an NRLP was developed. Professor Buzz Belleville focuses on energy law and policy, climate change and the law of renewables. He is working to assure the curricular foundation for the NRLP, advising the

various student groups, and representing ASL with Virginia Tech and EMLF. Professor Derrick Howard teaches the Natu-ral Resources Law seminar and focuses on issues related to water law and environmental human rights. As head of ASL’s externship program, he is working to expand site offerings and financial assistance for the summer placement of ASL’s natural resources students. Professor Patrick Baker is ASL’s point per-son on hard mineral law. He is also building relationships with professionals in relevant areas including lawyers with mineral rights specialties, corporate counsel for energy companies and representatives of governmental agencies. Finally, Profes-sor Danielle Kaiser draws upon her considerable practical experience in mineral title abstracting in teaching real estate transactions.

With this foundation in place, it is easy to see that the future of the NRLP is an exciting one. The 2013 launch is just the starting point. In keeping with ASL’s commitment to community service and alternative dispute resolution, a central short-term goal is to develop a legal clinic both to give voice to reasonable community solutions for real problems, and to provide practical experience to ASL’s natural resources law students. Developing dedicated physical space and the hard technology to support expansion of the NRLP is also on the short list of future plans. Finally, the keystones described above give the NRLP great flexibility in offering, in the near fu-ture, a whole host of advanced opportunities for students, such as LL.M. and joint degree programs. Funding and student interest will drive the development of these programs.

By guiding students through the increasingly complex and ever-changing world of natural resources law, the NRLP will ultimately develop students into effective policymakers and problem-solvers. ASL envisions a place where students can be trained for rewarding careers in all aspects of natural resources law, where attorneys can advocate for the competing interests of natural resources commerce and protection, and where all can meet and find mutually sustainable solutions based on ra-tional thought and cooperation. ASL’s dynamism in launching the NRLP, its first real national initiative, will help secure the success of ASL for years to come.

It was nearly five years ago that ASL formulated a plan to create a nationally-recognized natural resources law program. The NRLP will be formally rolled out at a symposium in the Fall of 2013 in Abingdon, Virginia.


FACULTY News

At the Podium

Patrick Baker led a panel discussion in October at the 2012 Virginia Governor’s Conference on Energy in Richmond, Virginia. This was the third consecutive year that Governor McDonnell had hosted the conference in Richmond. Virginia is known as the energy capital of the Atlantic Region, and the panel’s topic focused on a “Domestic Energy Policy ina Global Energy Environment: A Path Forward.”

In July, Baker presented his paper on the case backlog plaguing the Federal Mine Safety and Health Review Commission at the South-eastern Association of Law Schools Conference held in Amelia Island, Florida.

Stewart Harris was a panelist at a conference on Deliberative De-mocracy in August sponsored by the Kettering Foundation at the Center for the Constitution at James Madison’s Montpelier. Harris moderated a panel discussion on Fourth Amendment issues for the Annual Meeting of the Virginia Association of Chiefs of Police in Roanoke, Virginia. He gave a presentation on Judicial Review to the Institute for the Public Trust in Charlotte, North Carolina.

In September, Harris gave an encore presentation on Judicial Re-view to the Institute for Public Trust in Davidson, North Carolina. He gave ASL ’s Constitution Day presentation. He was an invited panelist at East Tennessee State’s Constitution Day presentation on the new health care decision. Harris spoke to the Daughters of the American Revolution in Kingsport, Tennessee, on the Constitu-tional Convention of 1787.

In October, Harris spoke to Kingsport Bar Association on recent developments in the U.S. Supreme Court.

On December 8, 2012, Harris presented a three-hour CLE program to the Tennessee Association for Justice entitled Tennessee Ethics: Examples from Constitutional History.

Harris has a regular weekend news segment on The Constitutional Minute on WJHL, Channel 11 television, The Johnson City affiliate for CBS.

Kendall Isaac presented ADR as a Remedy for Workplace Bullying at the SEALS New Scholar Annual Conference 2012, 10th Annual Minorities in ADR Conference 2012, Virginia Mediation Network Annual Conference 2012.

He presented Entrepreneurship Post-Release at the London Ohio Correctional Institute.

Michael Loudenslager presented his article What We Can Learn about the Art of Persuasion from Candidate Abraham Lincoln in the winter of 2012 to the faculty of Atlanta’s John Marshall Law School in Atlanta, Georgia as part of the school’s Guest Faculty Scholarship Presentation Series. In the fall of 2011, Professor Loudenslager also made a presentation entitled Using Past Stu-dents’ Mistakes to Help Your Current Students at the Central States Regional Legal Writing Conference in Chicago, Illinois.

Paula Marie Young presented Teaching Mediator Ethics Using Active Learning Techniques at the Quinnipiac-Yale Dispute Resolution Workshop in March 2012.

Young presented Updating Your Agreement to Mediate and Open-ing Orientation to Reflect the Requirements of the Revised SOE’s at the Spring Conference, Virginia Mediation Network, Richmond, Virginia.

In April, Young presented Malpractice, Ethics, and UPL Claims Against Mediators: How the Ethical Mediator Can Avoid Them at the ABA Section of Dispute Resolution 14th Annual Conference in Washington, D.C.

Young presented Moore’s Circle of Conflict to Diagnose Sources of Impasse in Mediation and to Fashion Appropriate Interventions at the Fall Conference for Virginia Mediation Network in October 2012.

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Published

FACULTY News

Patrick Baker wrote Managed Cooperation in a Post-Sago Mine Disaster World, 33 Pace L. Rev__(forthcoming Spring 2013), and his work was selected as the lead article in the Pace University’s Journal.

Stewart Harris wrote Which Bible? Which God? in the Appalachian Journal of Law (12 Appalachian J.L. 151, 2012).

Kendall Isaac wrote Employer Implications of Conducting Back-ground Checks in the Post-911 Environment to be published in American University Labor & Employment Law Forum 2013.

Michael Loudenslager will be publishing his article What We Can Learn about the Art of Persuasion from Candidate Abraham Lincoln: A Rhetorical Analysis of the Three Speeches that Propelled Lincoln into the Presidency in the Mercer Law Review, vol. 64, in the spring of 2013. The article examines the rhetorical techniques that Lincoln used to good effect in his three major speeches prior to becoming President (his Peoria speech, his House Divided

Speech, and his Cooper Union Address) and explains how attor-neys can use these techniques to improve their legal arguments.

Alan Oxford wrote Salvaging Testamentary Intent by Applying Partial Invalidity to Insane Delusions in the Appalachian Journal of Law’s Winter 2012 issue. The article asserts that courts should apply the doctrine of partial invalidity to save testamentary gifts not affected by a person’s insane delusion rather than following the common practice of voiding entire wills simply because an insane delusion exists.

Steve Parsons will publish the fifth edition of his textbook, Inter-viewing and Investigating: Essential Skills for the Legal Profession-al, it will be available from Aspen Publishers in Spring 2013.

Paula Marie Young wrote The ADR Toys and Tools Show: Us-ing Props in the Law School Classroom, in Michael H. Schwartz, Gerry Hess, and Sophie Sparrow, What the Best Law Teachers Do (Harvard University Press, to be published 2013).

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Quotations & Citations

Paula Marie Young was cited most recently in Debra Ber-man, Lawyer Colonization of Family Mediation: Conse-quences and Implications, 95 MARQ. L. REV. 887 (2012); Wallace J. Myniec, Where to Begin? Training New Teachers in the Art of Clinical Pedagogy, 18 CLINICAL L. REV. 505 (2012); Eric A. DeGroff, Training Tomorrow’s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles, S. ILL. U. L. J. 251 (2012); Sharon Press, Court-Connected Mediation and Minorities: A Report Card, 39 CAP. U. L. REV. 819 (2011); and Janice Tudy-Jackson, Non-Traditional Approaches to ADR Processes that Engage African-Ameri-can Communities and African-American Professionals, 39 CAP. U. L. REV. 921 (2011).

Noted Accomplishments

James Bowers attended the official celebration, in Bogota, of the adoption of a modern secured transactions law by the parliament of Columbia. He delivered remarks in Bogota about the accomplishments of Francisco Reyes, his host, the law’s drafter, a friend and former colleague.

At the 2012 AALS annual meeting, he also became chair of the organization’s Section on Law and Economics, and in that role was a planner for a program, held jointly with the Sec-tion on Interpretation, presented at the 2013 Annual meet-ing which he moderated. He is also a coauthor in an article, forthcoming in the Loyola of New Orleans Law Review, which reports on a survey of lawyers, professors, and edi-tors about means for improving the performance of student edited law reviews.

Bowers was named to the 1964 Yale Class Council to assist in planning for the class’s 50th year reunion.

Michael Loudenslager is currently serving as a member of the Association of Legal Writing Director’s Publications Com-mittee as well as serving as an Assistant Editor for Legal Writing: The Journal of the Legal Writing Institute.

Paula Marie Young was recently elected to serve as President of the Virginia Mediation Network.


Professor Danielle Kiser has been in private practice for twelve years, most recently as Associate General Counsel in the Legal De-partment of King Pharmaceuticals, Inc. in Bristol, Tennessee.

Professor Kiser oversaw the company’s human pharmaceutical labor and employment matters, was responsible for the human pharma-ceutical divisions real estate hold-ings, negotiated and advised on the company’s secured financing, and was part of the transaction team on a number of complex transactions such as the $3.6 billion acquisition of King by Pfizer Inc.

Prior to joining King Pharma-

ceuticals, Inc., Professor Kiser was an associate attorney at Penn, Stuart & Eskridge, also in Bristol, Ten-nessee. Professor Kiser’s practice has focused on corporate transac-tions, real estate, and employment matters. She received her J.D. from Washington & Lee University School of Law.

Professor Kiser is enjoying her introduction to teaching. Her students have been hardworking, respectful, and eager to learn.

Professor Kiser currently lives in Bluff City, Tennessee with her son, Zach, as well as a badly behaved German Shepherd and an angry cat.

Appalachian School of Law has several new faces this year including Karen Harvey, Di-rector of Institutional Development; Carl Eric von Kleist, III, Registrar; Patty Lester, Assistant to the Associate Dean and Registrar; Mary Rag-land, Director of Admissions; Amanda Shafer; Jackie Pruitt, Admissions Specialists; David Brookshire, Financial Aid; Alex Compton, Student Services Assistant; and Peggy Street, Faculty Secretary.

Karen Harvey, Director of Institutional Development, came to ASL from Bluefield State College in West Virginia, where she was Executive Director of the BSC Foundation. Prior to that, she was a Major Gifts Officer at Shenandoah University in Winchester, Virginia, where she earned a M.S. in Arts Administra-tion in 2005. In her previous career, she was a proposal manager for engineering and high technology firms in Northern Virginia.

A South Carolina native, Carl Eric von Kleist, III, Registrar, received his Bachelor of Arts degrees in History and Sociology from the University of South Carolina Upstate in Spar-tanburg, South Carolina, and a Juris Doctor degree from the Appalachian School of Law in Grundy, Virginia. After a career in the securi-ties industry, in 2009 Eric came to Grundy to attend ASL and graduated in 2012. He has one son, Carl Eric von Kleist, IV, and his ex-wife Pamela von Kleist is important in his extended family.

Eric appreciates both the friendly nature of folks in Buchanan County and their efforts to develop the community. As a student at ASL, Eric saw first-hand the importance of the

school to its students, to the community, and to the Appalachian Region. Eric views the Regis-trar’s position as an opportunity to participate in the school’s important work, and to help students succeed at this fundamental stage of their legal careers.

Patty Lester, Assistant to the Associate Dean & Registrar, comes to Appalachian School of Law after 35 years with Buchanan County Schools. She served in the capacity of Assistant to the Superintendent and Assistant Superin-tendent of Buchanan County Schools. She also served in the capacity as registrar in the public school system. Patty, a lifelong resident of Bu-chanan County, has found the law school to be equally gratifying in her education journey.

Mary Ragland, Director of Admissions, began work at the law school in March of 2012. Mary has a Bachelor of Arts degree in Sociol-ogy and an MBA. Her expertise in the area of student services ranges from supervising security staff and student organizations as Dean of Student Services at Troy University to creat-ing the recruitment and admissions process as for the physical therapy department at the University of Florida.

A Buchanan County native, Amanda Shafer, Admissions Specialist, received her Bachelor’s degree from Bluefield College and Master’s degree in Human Services from Lib-erty University. Amanda continues her educa-tion as she is currently enrolled in an MBA program. Joshua, Amanda’s husband, teaches at Hurley High School, while raising a four year old daughter, Hayden. Amanda and her family continue to enjoy Buchanan County and the

Appalachian Region.Jackie Pruitt, Admissions Counselor, a

longtime supporter of Appalachian School of Law, is a graduate of Virginia Tech. She joins ASL with over ten years of business experience in the areas of customer service and marketing. Jackie enjoys her family time especially with her two nephews. An avid traveler, Jackie is constantly on the lookout for her next creative endeavor.

David Brookshire, joined ASL as a Student Services Assistant, and was promptly promoted to Financial Aid Officer. A native of North Carolina, David attended Appalachian State University, in Boone, North Carolina, where he earned a BSBA in Accounting and a BSBA in Finance and Banking. David worked 8 years as a bookkeeper prior to accepting the position at Appalachian School of Law. David and his wife, Marsha, have a 3 year old son, Braxton. Besides helping students understand and obtain financial aid, David enjoys reading and relaxing with his family.

Alex Compton, Students Services Assis-tant, came to ASL in September of 2012. A 2012 graduate of Berea College with a Bachelor’s Degree in Business Administration. Recently married to Brittany Nicole Compton, he is beginning a new chapter in his life. Alex’s focus has been on ensuring every student has the chance to pursue his or her dream in law. Alex will be coordinating the housing listings, assist-ing with exams as well as handling his financial aid responsibilities.

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ASL welcomes new staff members

Kiser joins faculty as assistant professor


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Organizational Fair & Pig Roast

Southern Low Country Boil

2012 Gala

Environmental Law Green Bowl

Intro to Law Week


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ASL salutes founding Board member Judge Glen Williams

A display case in the ASL Library was created in honor of Judge Williams. Included in the display are items from JudgeWilliams’ Navy career, images of his time on the bench, and examples of his service to the Appalachian School of Law.

Judge Glen M. Williams, 92, a longtime Board member and friend of Appalachian School of Law, passed away November 4, 2012.

Judge Williams was Valedic-torian of Jonesville High School (1936) and graduated Magna Cum Laude from Milligan’s College (1940). A 1948 graduate of the University of Virginia Law School, he was a member of the Order of the Coif, the Raven Society, and Virginia Law Review editorial board.

Judge Glen Williams was elected Commonwealth’s Attorney before he finished law school. He also passed the bar exam at the conclusion of his 2L year.

In private practice for 30 years, Judge Williams also served as Commonwealth’s Attorney for Lee County (1948-52) and the Virginia State Senate (1953-55). In 1976, he was appointed by President Gerald Ford to the United States District Court for

The ASL Admissions Team is proud to recognize its newest student ambassadors. In addition to their responsibilities as full time students, they support the school by hosting campus tours, assisting with Open House, and helping with other events.

Coming soon under ASL’s website will be an Ambassador page where prospective students can meet our Ambassadors and get the “inside scoop” on what it’s like to be a student here.

Theses students represent

ASL positively and with empathy to those interested in the school, whether the visitors are high school students or a visiting group of senior citizens. The Appalachian School of Law appreciates the ambassadors’ dedication to their school.

ASL Ambassadors: Ryan Stratton; Tessa Lunceford; Travis Owen; Nick Kalagian; Joe Hopson; Dominique Ranieri; Joe Rion; Blair Creed; Elizabeth Chitwood; Nykia Burke; Candice DuVernois; and Gary Borders.

New Ambassadors provide positive representation of ASL

Front Row: (L-R): Blair Creed, Joe Rion, Tessa Lunceford; Back Row: (L-R) Travis Owen, Nick Kalagian, Elizabeth Chitwood, Nykia Burke.

the Western District of Virginia.Judge Williams served in the

United States Navy from 1942-46. He was commanding officer of the USS Seer and received many military awards and decorations.

Appalachian School of Law students and the public are invited to view the ASL Library display in in honor of Judge Williams and his many accomplishments and career.


CLASS Notes

Kerry Hay opened the Kerry Hay Law Office on May 21, 2012, in Norton, Virginia. Kerry litigates workers' com-pensation, black lung, social security disability, and auto accident claims.

Daniel Boyd and J. Todd Ross were both elected to judicial seats on August 2nd in Tennessee. Daniel was elected as a Juvenile Judge and Todd was elected as a General Sessions Court Judge for Hawkins County, Tennessee.

Yves Archery accepted a position with Andrews, Bongar, Starkey, and Clagett, P.A. in Waldorf, Maryland. Yves’ prac-tice is concentrated in criminal defense.

Joe Kincade, recently left the firm of Asbury Gilbert & Kincade and started his own law practice in Wise, Virginia.

Ruseell L. Rabb III was promoted to Senior Assistant Commonwealth's At-torney in Fauquier County, Virginia this summer. He is currently working on a high profile murder trial and enjoys prosecuting. Russ and Liz Rabb, class of 2006, have two children, Russell L. Rabb IV (age 4) and Lucy M. Rabb (age 2). Liz sells real estate in Central and Northern Virginia.

Dave McFadyen was elected District Court Judge for the 3-B Judicial District in Eastern North Carolina in November 2012 with 71% of the vote. Mr. McFa-dyen had previously been a partner with Valentine & McFadyen, P.C. in New Bern, North Carolina. He will serve a 4-Year Term.

Vincent Riggs was elected Circuit Court Clerk in Fayette County, Kentucky and will manage more than 130 deputy clerks during his six-year term. Circuit

Court Clerks provide professional recordkeeping, receive money due the courts, pay money to required parties and to the state, record legal documents, provide legal documents and other legal materials, maintain the jury system, administer oaths, handle affidavits, and issue driver licenses and non-driver identification cards. Prior to running for public office, Vincent was employed in private practice as a family law attorney for six years.

Dustin R.T. Sullivan and his wife Erin wel-comed William Thurston Sullivan (9 lbs, 3 oz.) on August 12, 2012.

Jason Weiss and Debra Weiss welcomed twins, Noah Martin Weiss and Fallyn Whitney Weiss, on January 27, 2012.

David Brandon Ison was elected Common-wealth At-torney for the 37th Circuit covering Carter, Elliott, and Morgan Counties in

Kentucky. David also recently wel-comed new daughter Brinleigh.

Josh Kesling received a promotion to Partner in 2012 before leaving to open his own solo practice.

David J. Robinson and his wife Jen-nifer recently added new daughter Amelia to their family. David has a recurring column in the Chicago Daily Law Bulletin with renowned lawyer and psychiatrist, Dr. Michael Welner. David clerks for Justice Robert J. Steigmann in the Fourth District Appellate Court in Illinois and serves as an Adjunct Profes-sor of Legal Studies at Robert Morris University.

Clint Verity joined Harman Claytor Corrigan & Wellman in Richmond, Virginia, on October 15th. The firm practices in all areas of civil defense and has 27 attorneys. Prior to joining Harman Claytor, Clint practiced insur-ance defense with the firm Bucci & Dix. Clint resides with his wife and two chil dren in Mechanicsville, Virginia.

Robert Michael Pack (‘08) and Ron Diddle (‘09) opened the law firm of Michael Pack and Ron Diddle PLLC in January 2012. Their firm is located in Pikeville, Kentucky. As non-traditional

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law students, both believe that the education they received at ASL helped them to hit the ground running and has contributed to their successful prac-tice. Since starting their firm they have successfully defended a man charged with murder as a result of a vehicle col-lision in Knott County, Kentucky and were able to obtain a unanimous jury verdict in a civil action in Floyd County, Kentucky.

Dustin Berg-man and Danielle “Dani” Benton wed on June 15, 2012, in Cape Charles, Virginia at Bay Creek Resort & Club. Several alumni were

members of the bridal party. Rob Black, class of 2009, was a groomsman, and his wife Andrea Black, class of 2009, was also in attendance. Lindsay Brubaker and Crystal Bryson, both members of the class of 2008, were bridesmaids, and Carla Brewer, class of 2009, was also in attendance with her husband Craig and baby girl Landree. Finally, Katie Sibley and Joanie Burroughs, both members of the class of 2011, were also in atten-dance.

Amber Floyd Lee and husband Nathaniel J. Lee, MD are pleased to

announce the birth of their daughter Arden Grace Lee. Arden arrived July 2, 2012 weighing 5 lbs, 15 oz and was 18 1/2 inches long. Arden joins big brother Hudson (2 ½ years) in the Lee family. Amber is a partner at Cox and Lee, PLLC in downtown Johnson City, Tennessee. She is also a Rule 31 Family Mediator and was recently sworn into U.S. District Court for the Eastern Dis-trict of Tennessee. Cox and Lee, PLLC is a civil law firm specializing in family law, immigration and mediation.

Tiffany Morgan owner of Morgan Law Firm, PLLC in Marion, North Carolina, and her husband BJ recently welcomed their first child. Paisley Annmarie Mor-gan was born on May 15, 2012.

Jim Childress III married Amy Goff on September 15, 2012. Alumni members of the bridal party in-cluded grooms-men Joseph Yoon, Joseph McAfee, and David Pitt-man, all mem-bers of the class of 2010.

Chet Palumbo is now a member of the National College for DUI Defense. NCDD is an organization for attorneys dedicated to DUI Defense. Chet works as an Assistant Public Defender and is

currently the only Public Defender in Ohio who is a member of NCDD.

Allison Subacz joined the firm Jenkins Fenstermaker in September in Hun-tington, West Virginia as an associate attorney.

Alex Williams recently joined Nexsen Pruet’s Business Litigation Group as an attorney in Raleigh, North Carolina. Alex went to Nexsen Pruet to rejoin Dan and Gene Boyce, whom he worked for as a summer associate while at-tending ASL. His litigation practice consists of criminal defense (state and federal) and civil matters, including cases involving defamation, unfair and deceptive trade practices, employment discrimination, malicious prosecution, breach of contract and fiduciary duty, and constitutional violations.

Justin Plummer currently practices real estate, bankruptcy, and foreclosure law in and around Greenville, North Carolina, as an Associate with Shapiro and Ingle.

Tara Bartosiewicz married Michael Blom on September 2, 2012, at Toftrees Golf Resort and Conference Center in State College, Pennsylvania. Tara and Michael currently live in New Jersey.

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Justin Marcum opened his own law practice, Marcum Law Office, in Wil-liamson, West Virginia in early August. The practice is dedicated to personal injury, car wrecks, estate planning, family law, and consumer debt pro-tection. Justin also serves as Mingo County Assistant Prosecuting Attorney in the office where he interned for three years during law school. Justin is a member of the West Virginia Legisla-ture, having won the Primary election with over 60% of the vote. Marcum and his wife Latisha reside in Williamson with their new daughter, Tenley Ann.

Bethany Long accepted a position as law clerk to the Honorable Chip Hurley of the Tazewell County Circuit Court in Virginia.

Gary Stiltner was sworn in on September 18th and opened The Stiltner Law Firm, PLLC in North Carolina.

Lucy McGee accepted a position as Administrative Law Clerk for the Su-preme Court of Virginia in the cham-bers of Justice Elizabeth McClanahan located in Abingdon, Virginia. Lucy was also recently engaged to Conor Turner. Conor is a Registered Nurse working in the Intensive Care Unit at Bristol Regional Medical Center.

Brandie Eaton wed Dwight Lester on September 1st in Bristol, Tennessee.

2012

CLASS Notes

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Eugene Sisco, Jr. char-acterizes his educational journey as a “tale of two taxicab rides.”

He was born with a rare eye disease called macular degeneration which essentially destroys central vision, the part of the visual field most needed for reading. By the time Eugene reached the first grade, reading printed words was very difficult for him. Because the disease had not yet been diagnosed, school administrators, teachers and counselors in Ohio, determined that Eugene had a mental disability. So, Eugene took the first taxicab ride to his first grade class at a facility for the mentally handicapped. Eugene’s parents were not satisfied with his placement and made many unsuccessful requests for reconsideration. Ultimately, his parents relocated the entire family to a small town in Eastern Kentucky.

Eugene’s eye disease was finally diagnosed when he was in the 7th grade. The doctors told his parents that Eugene would eventually become legally blind, but not totally blind. After the diagnosis, the Department for the Blind began providing vocational and educa-tional assistance to Eugene. During one of his initial evaluations, Eugene told the counselor that he wanted to attend law school. The counselor noted this in his file and proceeded to help Eugene get into

undergraduate school. Eugene earned a BA in Political Science and Education. He

was the first member of his family to graduate from college. Eugene embarked on a normal life. He got a job, got married and started a family. He later earned a Masters Degree in Counseling. At the age of 30, Eugene had accomplished far more in his life than anyone thought possible.

At the age of 37, Eugene took the second taxicab ride to the Appalachian School of Law. The Department for the Blind again pro-vided assistance to Eugene. His family made sacrifices so that Eugene could fulfill his dream of attending law school. At the end of his first semester, Eugene was placed on academic probation. He worked feverishly during the second semester to get on track. It worked. After that first semester, his confidence grew and so did his grades. Eugene graduated from ASL as a member of its Charter Class. He later became a member of both the Kentucky and West Virginia Bars. He currently serves as a part-time Prosecuting Attorney in Mingo County, West Virginia and operates a part-time private law practice in Pike County, Kentucky. In addition, he oversees the operation of a substance abuse treatment facility.

Eugene describes his decision to attend law school as one of the best he has ever made in his life. He credits his success to the support that he received from his family, friends, the Department for the Blind and the Appalachian School of Law. He is thankful to ASL for taking a risk on a “poor blind hillbilly” and for giving him the op-portunity to help others.

Throughout his journey, Eugene has also faced other health related issues and financial distress. However, he has always main-tained a positive outlook on life. For the past couple of years, Eugene has returned to ASL to address the first year students about “Building Success Despite Personal Tragedy.”

Sisco Jr. thankful to Appalachian School of Law for giving him the opportunity to help others


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Documents

The Current Winter 2013