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the magazine of the Appalachian School of Law Summer 2010 A MONTANA the current Also inside: A professor’s plea: If I ‘suck,’ tell me why Meet the Class of 2010 uu Mock trial, moot court teams shine on national stage Grad balances roles as lawyer, beekeeper in Big Sky Country Adventure

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Page 1: The Current Summer 2010

the magazine of the Appalachian School of Law

Summer 2010

A MONTANA

the current

Also inside:

A professor’s plea:If I ‘suck,’ tell me why

Meet the Class of 2010 uu

Mock trial, moot court teams shine on national stage

Grad balances roles as lawyer, beekeeperin Big Sky Country

Adventure

Page 2: The Current Summer 2010

This was a harsh winter for Southwest

Virginia—one of the hardest in more

than a decade, I am told. So, when the

first crocuses rose above ground, the tulips

began to bloom, and the wild dogwoods and

rhododendrons blossomed up the hollows

and on the hillsides, we all enjoyed a sense of

renewal.

ASL is also enjoying signs of renewal and

new growth. They represent the blossoming

of a mature institution of law.

You hold in your hands one sign of new

growth—the redesigned and expanded Cur-

rent. For the first many years, the Current was

addressed to an audience that needed assur-

ance that ASL could survive in far Southwest

Virginia. It appeared in newspaper supple-

ment format, recycling Mountaineer articles

about the school, informing local

donors and politicians about the sta-

tus and achievements of the develop-

ing institution. The emphasis was an

external audience

almost exclusively.

Three years ago, with the alumni

base growing above 500, the focus

of the Current expanded to include

the internal ASL family, alumni and

current students. The format

changed over the three years to a

newsletter design. Now, with this issue, the

focus and format begins to reflect an alumni

base that nears more than 900.

The expanded and redesigned Current now

has the content and context of a traditional

law school alumni news magazine, under the

editorship of Saundra Latham, an experi-

enced journalist. The earlier transition from

an externally produced newspaper supple-

ment to the newsletter format was undertaken

by Denise McGeorge. ASL owes both of

these talented women our gratitude for this

very visible (and visual) affirmation of our

growth.

More evidence of new growth can be seen

in the transitional redesign of ASL’s website

implemented in the middle of the current

academic year. The prior site was a relatively

static repository of information about the

school, and it served its purpose for several

years. However, the design was outdated, the

information stale, and the management and

maintenance difficult. The new interim design

represents a drive toward complete modern-

ization of the site, making it an effective mar-

keting and informational asset of ASL.

In late summer, hopefully before the end

of August, we will launch the final product.

The preliminary designs promise a crisp,

clean, and efficient look. The site should be

intuitively functional with content captur-

ing the unique mission and institutional

culture of the Appalachian School of

Law. Look for the site to “go public”

near the beginning of the 2010-11 aca-

demic year.

By the time you’re reading this, hot

summer days will already be here. But the

spirit of springtime renewal remains fresh

at ASL.

— Dean Wes Shinn

the currentis published twice a year by

the Appalachian School of Law. Send

comments, questions, and alumni

updates to [email protected].

Editor, designer: Saundra Latham

Photos: Jason McGlothlin, Saundra Latham, student and alumni submissions

Contributors: Judie Barger, Stewart Harris, Derrick Howard, Saundra Latham,

Tom Scott, Wes Shinn, Paula Young, ASL alumni

Cover: A dramatic Montana sunset near the home of Courtney Stone

Fullerton ‘07; Kelly Jenkins ‘10 after receiving her degree

dean’s message

2

Page 3: The Current Summer 2010

tt photo op

around campus

ASL’s Lawyer as Problem Solver certificate program is featured in J. Kim Wright’s new

book, Lawyers as Peacemakers: Practicing Holistic, Problem-Solving Law. The work was pub-

lished in April by the ABA and is available at www.abanet.org/abastore. “The (ASL)

curriculum offers students a unique opportunity to become leaders in the field” of

Advanced Dispute Resolution, the book notes. “Only nine law schools, including ASL,

require all their students to take an ADR survey class ... Research shows that ASL

students who take only the required survey course likely have more training in ADR

than most practicing lawyers.” Additionally, the Winter 2010 issue of the ABA’s Dispute

Resolution magazine featured the work of two ASL students in a cartoon feature called

“The Lighter Side.” Jason Nicholas ’11 and David Barnette ’11 wrote the captions

in Professor Paula Young’s Dispute Resolution survey course. Over the past several

years, the ABA has published more than 20 captions created by ASL students.

click it, learn it, get credit

connect with SLATEThe Academic Success Program and the Writing

Center have become the SLATE Center, which

stands for Student Learning and Testing Enrich-

ment. Become a fan of SLATE on Facebook or

follow it on Twitter to receive testing tips and news from Tommy

Sangchompuphen, assistant dean for student learning and outcomes.

problem-solvers in the spotlight

ASL is offering its first distance-learning course this summer. Professor Derrick Howard

is leading the seven-week Evidence class, which will include downloadable lectures,

discussion boards, and live chats. It covers as much ground as a traditional 14-week class

on campus, but with a few advantages: Students can maintain a flexible schedule while

completing coursework, lighten their course loads in future semesters, and travel to

summer destinations while still earning credit toward graduation.

Summer 2010 n 3

Taking a pie in the face for charity are

Adam Chess ’12 and Professor Stewart

Harris. Other victims included Professor

Doug McKechnie and Student Bar

Association President Meghan Scott ’11.

Potential pie-throwers bought chances at

each toss for $1. Proceeds went to the Back-

pack Blessings program, which helps feed

Buchanan County children.

Page 4: The Current Summer 2010

For the first time in school history, ASL’s mock-trial team advanced to the semifinals in the

American Association of Justice Mock Trial Regional Competition, placing third among 16 teams.

The competition was held Feb. 26-28 in Pittsburgh.

ASL team members were Mike Gembitsky ’10, Katie Hall ’10, Chet Palumbo ’10, and Katie Murray

’11. The team alternate was James Downey ’11. Professor Tom Scott coached the team.

ASL bested Widener and the University of Pennsylvania, losing only to Villanova in the preliminary

rounds. ASL was defeated by Duquesne, the eventual winner, in the semifinals. Other participating teams

included the University of North Carolina, Penn State, Richmond

and West Virginia.

Students tried a medical malpractice case. Gembitsky and

Murray represented the plaintiff; Hall and Palumbo represented the

defendant.

“Our team members tried their cases flawlessly even in the

matches they lost,” Scott said. “I am always amazed ... by the

talented and gifted students we have at ASL, and the profession-

alism they display.”

On March 27, ASL’s moot-court team, coached by Professor

Judie Barger, traveled to Buffalo, N.Y., to compete in the Wech-

sler National Criminal Law Moot Court Competition. Brian

Scheid ’11 was awarded the title of Best Advocate, ranking first

out of 52 competitors. ASL was the only school to advance

two teams to the quarterfinals and one to the semifinals. R.

Tim Boone ’10 and Chris Gray ’10 advanced to the semifinal

round, and Brian Scheid and Trey Martin ’11 advanced to the

quarterfinal round.

This is the seventh consecutive year that ASL has won an

award at Weschler. It is the third time in the last five years that ASL won

the top advocate award and advanced a team to the semifinals.

This year’s problem was based on Carr v. United States, a case addressing the federal SORNA provisions

making the failure to register as a sex offender a crime. The students argued a statutory interpretation issue

regarding the federal statute and also a constitutional ex post facto issue. Both of the issues were argued

before the U.S. Supreme Court in February in the actual case.

— Tom Scott and Judie Barger

Above: Mock

trial’s Chet

Palumbo, Mike

Gembitsky, Katie

Murray, Katie Hall

and James

Downey.

Mock trial, moot court teamsturn in strong performances

Below: Moot-court

team members

Brian Scheid, Trey

Martin, Chris Gray

and R. Tim Boone.

4 n the Current

Page 5: The Current Summer 2010

The United Nations has fallen

short in its effort to address climate

change, Dr. Lenny Bernstein told

ASL students during a January visit.

“The threat is real, and a global

approach is needed,” he said. “But

we may simply need to

start over. Failure could

be constructive.”

Lax enforcement,

unrealistic emissions

targets, and inability to

police global-warming

gasses are among the

factors to blame, he said.

Professor Buzz

Belleville, who introduced Bern-

stein, noted that the climate-change

issue has huge legal ramifications.

Dozens of clean-air acts are pend-

ing, and tort claims to hold green-

house-gas emitters responsible are

multiplying, too, he said.

Bernstein is a chemical engineer

with 40 years of experience, mostly

in the oil industry. He now consults

on climate-change issues. He was a

lead author of the Intergovernmen-

tal Panel on Climate Change’s

Third Assessment Report in 2001,

and a convening lead author and a

member of the core writing team for

the Fourth Assessment Report in

2007. The IPCC shared the 2007

Nobel Peace Prize with former Vice

President Al Gore.

Though he began ex-

amining climate change as

a skeptic, he said, the

science was undeniable.

“As a chemical engineer,

I think a lot about heat

transfer. As soon as I

looked at the problem

from that standpoint,

I thought, ‘This is serious.’ ”

Technology does offer some

hope, Bernstein noted. For instance,

chemical scrubbers are an important

clean-coal method, he said. Others

that hold promise include injecting

carbon dioxide into the ground and

growing algae by power plant stacks

to catch the gas.

“We’re going to use coal. It’s too

abundant and cheap not to use,” he

said. “The question is, ‘How are we

going to use it and keep carbon

dioxide out of the atmosphere?’ ”

A major part of the U.N. prob-

lem has been how the world body

classifies countries, “a relic from the

Cold War,” Bernstein said. For

instance, China is the world’s

largest emitter, but it is ex-

empt from emissions con-

trols because it’s classified as

“developing.”

The stakes are rising as

nations realize how expen-

sive it is to control emis-

sions, he said. Also, the

number of groups trying to

influence climate-change policy

has exploded, complicating the

debate. n

Nobel winner describes climate-change struggle

Shabaka WaQlimi spent 13 years on

death row for a crime he didn’t commit, a

brutal experience that he detailed for ASL

students during a campus visit.

“I don’t know what you’ve heard or read

about (death row), but it’s a place I wish on

no one,” he said.

WaQlimi “came within hours of being ex-

ecuted before the courts stepped in,” noted

Professor Judie Barger. He was forced to

listen to the state of Florida test the electric

chair and was measured for his burial suit.

“This is a unique chance to hear from

another point of view,” she said.

In July 1973, WaQlimi, then Joseph Green

Brown, was charged with the rape and mur-

der of a Tampa woman. Eyewitness testi-

mony and a gun prosecutors said was the

murder weapon aided his conviction. Both

pieces of evidence were later discredited.

His charges were only dismissed after an

appeals court found that the prosecution

had purposefully allowed false testimony at

trial. When the state didn’t retry the case,

he was released in 1987.

“I stand before you not because of a

legal technicality, not because I had a smart

lawyer, but because I did not commit the

crime,” he said.

WaQlimi “lives life now giving back,” he

said. He has not received any sort of apol-

ogy from the state of Florida.

“If we’re going to have a system based

on retribution, not rehabilitation, where is

my retribution?” he asked. “I get no volun-

teers ... only the chance to go on and do the

best that I can.”

A new perspective on the death penalty

around campus

Bernstein

Summer 2010 n 5

Page 6: The Current Summer 2010

3

21

around campus

4

6

Students pull out all the stops in their win against

the Appalachian College of Phar macy in the second

annual “Clash in the Coalfields” (1) ... Professor

Paula Young congratulates David Boudreau ‘10

on winning the book award for her Spring ’09

section of Dispute Resolution (2) ... Professor

Tommy Sangchompuphen shows off his moves

at the Valentine’s Fete, which benefited the Class

of 2010 graduation (3) ... Volunteers help the ASL

Energy and Mineral Law Society plant saplings on

a mine-reclaim site near Poplar Gap park (4).

Page 7: The Current Summer 2010

5

6

7 8 7

Runners including Alexis Thore ‘12 take to the

streets during the 8th annual ASL Memorial 5K (5) ...

Ashton Martin ‘11, left, and Career Services Director

Denise McGeorge, right, greet speaker Mindy

Barfield, partner at Dinsmore & Shohl in Lexington,

Ky. (6) ... Kelly Johnson ‘11, Clark Shifflett ‘12 and

Peyton Hash ‘10 perform with Grun-DMC during

Apollo Night, sponsored by the Black Law Student

Association (7) ... Brittany Young ‘12 celebrates her

win in the Blackjack Tournament at Casino Night,

sponsored by Appalachian Women in Law (8).

Page 8: The Current Summer 2010

While I don’t try to influence my

written student evaluations—

other than by teaching well—

I have occasionally told my classes that crypti-

cally negative comments, such as “You suck,”

while perhaps true, are not particularly help-

ful. I have then clarified that it’s perfectly all

right for them to write that I suck, but that if

they want me to stop sucking, they had better

tell me, with some degree of specificity, just

how I suck.

This is the starting point of my primary

method of pedagogical self-improvement. I begin with the sobering

recognition that, sometimes, my performance is less than perfect. I

further recognize that my colleagues will not be available, most days,

to sit through my classes and gently guide me along the path to en-

lightenment. That leaves my students. They are the only other people

in my classroom, day in and day out. Accordingly, I must look to

them to tell me when, and how, I have gone off the rails.

But this is only the starting point. Once my students have penned

their love epistles, I must decide how best to use them. I describe my

methodology below, for whatever its value to others.

(1) Set aside adequate time for review. The time needed will de-

pend, of course, on the number of evaluation forms, but, whatever

the total number, I try to set

aside enough time to examine

each evaluation carefully, looking

for important trends and tidbits.

A quick flip through won’t do it.

(2) Remember the

3 percent rule. I teach mostly

large classes of approximately

100 students, so percentages are

easy to calculate. Over the past

decade, I’ve noticed a trend: no

matter what I’m teaching, no

matter how I do it, between 1 and 3 percent of my

students hate me. I’m not talking constructive criticism here, but

abject hatred—of my personality, the pitch of my voice, even my

choice of neckties. It took me a year or two to figure out that such

visceral antipathy had nothing to do with my teaching. It is rather, I

believe, a reflection of whatever personal demons the students in

question happen to be fighting on the day they are asked to fill out

their evaluation forms. I give such evaluations the credence they

deserve: I disregard them.

(3) Separate the evaluation forms into three physical piles. One

pile is the aforementioned “haters” pile. The second, comprising

(blessedly) most of the remaining 97 percent, is the “generally posi-

tive” pile.

The third is the most troubling: the “legitimate criticism”

pile. You know what I mean. Legitimate criticisms are the ones that

keep cropping up, over and over. The complaints that give me pause.

The specific comments that make me ask myself, “Did I really keep

the class over the allotted time that often?” or “Did I really waste too

much time at the beginning of the semester and make up for it by

rushing during the final weeks?” Ouch.

(4) Evaluate the legitimate criticisms and develop strategies to

address them. Sometimes this is straightforward. Other times, it’s not

so easy. When my stu-

dents once complained—

legitimately—that I

assigned too much “back-

ground” and “historical”

reading in Constitutional

Law, I had to redesign my

syllabus to assign only

what was truly relevant to

a general, introductory

course.

(5) Do it all over again the following semester. One good thing

about frequent evaluations is that I can assess, pretty quickly, whether

I’ve actually corrected legitimate problems or whether new strategies

are in order. I can also nip any new problems in the bud.

I am pleased to report that, over the years, my pile of “legitimate

criticisms” has gradually shrunk. I’ve yet to achieve classroom

nirvana, but I have a process in place that keeps me moving, at least

incrementally, in that direction. Perhaps, on some fine spring morn-

ing decades hence, I’ll face only two piles of student evaluations on

my desk: “generally positive” and “haters.” Then I’ll revel in the

former, disregard the latter, and take the summer off. n

A professor’s plea forconstructive criticism

“If (students) want me tostop sucking, they hadbetter tell me, with somedegree of specificity, justhow I suck.”

faculty spotlight

— Professor Stewart Harris

This excerpt is from

Professor Stewart

Harris’ “Sometimes, We

Really Do Suck,” which

appeared in the Fall

2009 issue of The Law

Teacher, published by

Gonzaga University.

8 n the Current

Page 9: The Current Summer 2010

Professor Buzz Belleville will speak at the Energy and Mineral

Law Foundation’s climate-change law course in August in

Morgantown, W.Va. He also gave a webinar in May to the

Appalachian Trail Conservancy’s Board of Trustees on obsta-

cles facing wind energy in the Appalachian Mountains.

Professor Stewart Harris presented “Terrorism, Weapons of

Mass Destruction and the First Amendment” at the Annual

Bench/Bar Conference of Virginia's 30th Judicial Circuit in

March. He spoke in February to the Kingsport Bar Association

on “Guns & Bombs: Two Current Issues in Constitutional Law.”

Professor Doug McKechnie will speak at the South Eastern

Association of Law Schools' Annual Meeting in July. His topic

will be “Fourth Amendment Excessive Force Claims, Non-

Lethal Weapons and the De Minimis Injury Exception: Where

Do We Go from Here?”

The fourth edition of Professor Steve Parsons’ Interviewing &

Investigating: Essential Skills for the Legal Professional was

released in April.

Professor Dale Rubin served on a panel for a CLE teleconfer-

ence offered by the ABA in February entitled “Analysis of the

Citizens United Case: A Victory for Free Speech or a Threat to

Democracy and Self Government?”

Professor Paula Young provided mediator ethics training as

part of a panel at the ABA’s Section on Dispute Resolution in

April in San Francisco. She also served as a final-round judge

at the conference’s national Representation in Mediation

Competition.

Professor Patrick Baker knows the halls of ASL a lot

better than one year of teaching here might indicate.

That’s because Baker was a student here a little more

than three short years ago. Now, after a year of teaching

Legal Process as a visiting professor, the Class of 2007

alumnus has become the newest member of ASL’s full-

time, tenure-track faculty.

Baker is no stranger to the classroom. Before heading

to law school at ASL, he taught college-prep history, U.S.

government, economics, and leadership studies for six

years. Though he never originally planned to return to

education, “the opportunity to return to my alma mater

and use my law degree and teaching experience was a

once-in-a-lifetime opportunity,” he said. “I am rewarded

by teaching and motivating others to do their best.”

At ASL, he distinguished himself in several ways. The

cum laude graduate received a full merit scholarship and

two Energy & Mineral Law Foundation scholarships. He

was articles editor of the ASL Natural Resources & Law

Journal and served as Student Bar Association president.

After ASL, Baker joined one of Virginia’s oldest law

firms: Penn, Stuart & Eskridge in Abingdon, Va. He

practiced in the litigation group focusing on Workers’

Compensation, Employment, Regulatory, and Mineral

and Energy Law.

“I understand firsthand the challenges and advantages

of being an ASL student,” he said, noting that close con-

tact with professors is a major plus. “... There are not

many institutions that can offer this type of one-on-one

intangible. Every professor that I had was always very

gracious with their time and willing to help.” n

Class of ’07 alumnus returns to ASL as faculty

Belleville Harris McKechnie

Parsons Rubin Young

Summer 2010 n 9

Page 10: The Current Summer 2010

The Appalachian School of Law welcomed 108 new

graduates at its 11th commencement ceremony, held

May 1 in Grundy. The Class of 2010 joins an alumni

network that now has more than 900 members.

George Allen, former Virginia governor and U.S. senator,

gave the commencement address. He is a member of the ASL

Board of Trustees.

ASL “provides people with

access and opportunity,” Allen

said. “You are all an example of

how this effort has exceeded

everyone’s expectations.”

The Honorable Birg

Sergent, a fellow trustee and

retired judge from the 30th

Judicial Circuit of Virginia,

introduced Allen. He noted that

the former governor was one

of the driving forces behind

ASL from the beginning.

“Had it not been for (Allen), you probably wouldn’t be here

today. Without his support, it would have been tough to bring a

law school” to Grundy.

Allen noted that ASL’s strength lies in the character of those

it counts as students and alumni, and he congratulated the Class

of 2010 for its nearly 25,000 hours of community service. He

also spoke of several individual students.

Carla Faletti ’10, he noted, is originally from Oregon, but

will be making her home in Southwest Virginia because she

wants to carry out ASL’s mission in her new career.

Annie Anjum ’10 is from Pakistan, Allen said, and she was

the first person in her family to go away for school. She has

worked to help immigrants deal with legal issues.

David Boudreau ’10 came to ASL after a long career as a

medical technician in New York and Arizona. The accomplished

musician continued playing in ASL’s beloved Grun-DMC, Allen

noted.

Adam Crawshaw ’10 graduated from the Western College of

Auctioneering—a skill that

will help the Texan negoti-

ate contracts, Allen joked,

although he may need to

speak more slowly to juries.

“The best kind of

lawyers come from the best

kind of people,” Allen said.

“That’s the essence of the

Appalachian School of

Law.”

Dean Wes

Shinn encouraged

the Class of 2010

to thank friends and family members for their support during

their law-school years. Graduates gave them a standing ovation.

Blair Wood ’10, who gave the student address, was presented

with the Sutin-Blackwell Award for Excellence by J. Todd Ross

’02.

Ross delivered the challenge to the graduates. He urged

members of the Class of 2010 to take pride in their institution.

“Be strong, and be proud that you are a graduate of the

Appalachian School of Law.”

Ultimately, Shinn said, graduation is only as much of an end

as it is a beginning. Even though they’re done with school, grad-

uates now become “students of the law for life.” n

The Class of 2010

“The best kind of lawyers comefrom the best kindof people. That’sthe essence of the AppalachianSchool of Law.”

— former Virginia Gov. George Allen

Associate Dean Sandra McGlothlin presents Katie Hall

‘10 with her hood (1) ... Former Gov. George Allen, Com-

munity Service Director Jina Sauls and Dean Wes Shinn

relax at the Farewell Celebration (2) ... the Appalachian

Highlander Pipes and Drums begin the processional (3) ...

Amanda Horton ‘11 and David Horton ‘10 celebrate

with family (4) ... J. Todd Ross ‘02 presents Blair Wood

‘10 with the Sutin-Blackwell Award for Excellence (5) ...

the band gets the crowd on its feet at the Farewell (6) ...

Shakeba Johnson ‘10 smiles during the ceremony (7).

Jacob Eberhart ’10

and Kelli McSurley ’10

10 n the Current

Page 11: The Current Summer 2010

Associate Dean Sandra McGlothlin presents Katie Hall

‘10 with her hood (1) ... Former Gov. George Allen, Com-

munity Service Director Jina Sauls and Dean Wes Shinn

relax at the Farewell Celebration (2) ... the Appalachian

Highlander Pipes and Drums begin the processional (3) ...

Amanda Horton ‘11 and David Horton ‘10 celebrate

with family (4) ... J. Todd Ross ‘02 presents Blair Wood

‘10 with the Sutin-Blackwell Award for Excellence (5) ...

the band gets the crowd on its feet at the Farewell (6) ...

Shakeba Johnson ‘10 smiles during the ceremony (7).

1

2

3

4 5

7

6

Summer 2010 n 11

Page 12: The Current Summer 2010

Beekeeping and law? They sound

as compatible as, well, beekeep-

ing and law.

On the surface, there aren’t a lot of

similarities, says Courtney Stone

Fullerton ’07, a beekeeper and

lawyer in Babb, Montana.

Unlike her clients, “Bees don’t call you at 3 a.m.

and sob, ‘My husband is a cheating bastard!’ she

said. “On the flip side of that, bees’ eyes don’t

shine with gratitude when you’ve truly helped

them out. And sometimes they sting you, despite

your best efforts to help them.”

Fullerton’s husband, Greg, is a second-genera-

tion beekeeper and a native of Glacier County,

Montana. The two have started their own com-

pany, Glacier County Honey. Building a nascent

beekeeping business and fledgling law career at

the same time hasn’t been easy, though.

“I’m not really sure how I balance it,” the

Southwest Virginia native said. “I feel like I work

about 18 hours per day, 8 days a week.”

Honesty with her clients helps, she said. “I explain to each of

them that I am not a full-time lawyer, that I am actively engaged in

the practice of beekeeping, and if they need an attorney who is

available 24/7, not to hire me. I also tell them that as a part-time

practitioner, I have the luxury of taking the cases that most appeal

to me, and that I can, and will, give their case my all. It just might

not be from 9-5, Monday through Friday.”

Given Fullerton’s family history, the career combination

doesn’t seem so far-fetched. Her father is a circuit court

judge, her uncle is a bankruptcy judge, and her paternal

grandfather is an attorney and Virginia state senator.

Another uncle farms 2,000 acres in Georgia, a

tradition started by her maternal grandfather.

At first, Fullerton wanted little to do with either

trade. She hated weeding the garden, so farming

was out. And “I didn’t want to be a lawyer because,

as a self-centered teenager, the only thing I knew to

be true about a law degree was that it ruined your

life. As the judge, you couldn’t go out to eat because

one of your probationers might poison your wife’s

food, and you couldn’t take a lunch break anyway

because if you did, you would never be able to try

all 472 jury trials set for a 365-day year.”

Instead, Fullerton wanted to be a writer, and

graduated from the University of Georgia with an

English degree. Afterward, she set out for Montana

to get her creative juices flowing. She had fallen in

thebarand the

beesASL grad hangs shingle, begins honey business in remote Montana

by Saundra Latham

12 n the Current

Page 13: The Current Summer 2010

love with it during her family’s yearly sum-

mer trips.

Writing never panned out, though. “I

was having entirely too much fun learning

to ski, flirting with cowboys, Indians, and

hippies, and hiking in Glacier to ever sit

down and write,” she said. Staying in Mon-

tana would demand another degree, she

decided. Her father encouraged her to go

to law school, and she enrolled at ASL.

Tragedy marred her first semester when

Howard Hillhouse Stone, her younger

brother, died in a fire at the University of

Mississippi. Fullerton’s family pushed her to

stay in class.

Routine and

ASL classmates

helped keep her

going. “Two girls,

who became some

of my best friends

in the world, invited

me to their houses

for dinner, Jeopardy,

and wine every

Wednesday night

without fail. We

danced, we sang, we

cried. Sometimes, they

would sit there and just

let me cry. ... Other times, they would say,

enough crying, let’s gossip.”

Fullerton began her legal career with

Wells & McKittrick PC in Missoula. She

stayed there for just under two years. But

after meeting Greg, she decided to head

further north to settle in Glacier County.

Those who think Grundy is remote

should take note: Fullerton drives 40 miles

to the grocery and 70 miles to her office.

Despite that, the friendliness of other

attorneys helps her get by, she said.

“When I hung out my shingle, it seemed

as though every attorney in a 150-mile

radius ... called me or stopped by to wel-

come me to the area. They sent me refer-

rals, proofread my pleadings, told me which

clerks to seek out, and which to avoid. ...

They have not treated me differently be-

cause I am younger and less experienced

than they are, and because I am trying to

run an unorthodox practice 70 miles from

the courthouse.”

A typical day depends on the season, she

said, although legal

work is fairly steady.

During late fall, winter, and early

spring, she takes on more cases while Greg

heads to California for bee-related business.

Once May rolls around, the couple stays

busy preparing bees for honey season,

which peaks with the honey harvest in July,

August and September. Mornings are usu-

ally filled with the law; in the afternoons,

she tackles Glacier County Honey.

And there is one big similarity between

beekeeping and law, she said: mentoring.

“You can’t pick up arguing motions for

summary judgment, or gauging the health

of your hives, at night class. A real, live

human being has got to teach you, even if

you are simply observing and they never

say a word to you nor you to them.”

So far, her education has served her

well, she said. “I think I got a great legal

education from ASL. I know how to effec-

tively research, how to pick out what’s im-

portant from a case, how to focus on what

the issue really is.

“ASL did not prepare me for the realities

of running my own law office ... But I’ve

yet to meet a graduate of any law school

who says they learned QuickBooks in

school. Some things you just have to learn

on your own. And I think a good legal edu-

cation gives you the confidence to learn just

about anything if you’re willing.”

Fullerton is looking forward to August,

when her brother Sanford will join her

practice. “I prefer having another mind to

bounce ideas off of, to proofread my mo-

tions, to appear in court for me when I am

laid out with the flu. I think having a part-

ner will increase my enjoyment” of law.

She also hopes to learn more about bee-

keeping—and spend more time with her

husband in the process.

“Whatever happens, it will be fine. I

actually feel a certain sense of security just

having a law degree—even if the day

comes when I decide not to do much

lawyering, the skills I’ve picked up as an at-

torney serve me well in every aspect of my

life,” she said. “Happiness in life comes not

from luck or love, but the willingness to

take what you’ve been given, to honor

what’s been taken from you, and to go on,

actively seeking a happy life. That can be

hard. ... Like law school. As my mom says,

you give up or go on. I say, always go on.” n

Top: Beeswax blocks, candles, and ornaments are among

the offerings at Glacier County Honey,

glaciercountyhoney.com.

Left: Courtney Stone and Greg Fullerton married at their

home in Montana.

alumni spotlight

Summer 2010 n 13

Page 14: The Current Summer 2010

2004

Yasmeen Gumbs-Breakenridge ’04

married Joseph Breakenridge on Decem-

ber 6 in St. Thomas, U.S. Virgin Islands.

Gumbs-Breakenridge is an associate for a

liability defense law firm in downtown

Manhattan, where she primarily defends

large insurance carriers. Photo 1.

Sean Maynard ’04 represented the

defendant in West Virginia v. Wilson, a

murder trial recently featured on truTV

(formerly Court TV). Maynard now works

at the prosecutor’s office in Wayne

County, W.Va. His wife, Bethanie, is

expecting their first child in November.

2005

Curt Rose ’05 and his wife, Jenny, wel-

comed a baby girl on February 8. Emma

Grace weighed 7 pounds, 7 ounces. Rose

practices at West & Rose in Kingsport.

2006

Gabriel Adam ’06 and Karen Jordan

Adam ’07 welcomed a baby girl on Feb-

ruary 12. Soledad Emilia weighed 4

pounds, 13 ounces. The family lives in

Orlando, Fla., where Gabriel practices im-

migration and criminal defense law at his

firm, The Adam Law Firm, PA. Karen

works for Susan G. Komen for the Cure.

Ryan Gilligan ’06 successfully argued a

black-lung case before the Fourth Circuit

Court of Appeals, which published its

opinion in April. Anna Midence ’10 and

Charles Sidoti ’10 helped write the brief.

Gilligan is an attorney at Wolfe, Williams,

Rutherford & Reynolds in Norton, Va.

Andrew C. Graves ’06 and his wife,

Meranda, welcomed a third child, a baby

girl, on February 24. Carter Amelia

weighed 7 pounds, 5 ounces. Graves prac-

tices in Harrisonburg, Va. Photo 3.

Michael Neese ’06 has opened the

Neese Law Firm in Gastonia, N.C. The

practice will focus on criminal defense.

Dustin Sullivan ’06 and Andrew M.

Snow ’06 have begun a Criminal De-

fense/Civil Law partnership. They have

three North Carolina offices and will be

adding Trey Martin ’11 to their team as a

summer intern.

Jason Weiss ’06 married Debra J. Blum

August 29, 2009, in Summit, N.J. The pair

met in Grundy while Jason was at ASL

and Debra was working in pharmaceutical

sales. Jason is now a partner at Weiss and

Weiss in Manville, N.J. Photo 2.

2007

Andrew Taylor Call ’07 completed his

second LLM, with honors, in Information

Technology and Privacy Law at The John

Marshall Law School in Chicago. In 2009,

Call completed an LLM in International

Business and Trade Law. Call says he

plans to remain in Chicago, where his

family has lived, worked, or practiced law

for 176 years.

Alumni chapter leaders

Chris Fortier, Washington, D.C., Maryland, Northern [email protected]

Josh Collins, Charleston, [email protected]

Rebecca Rosser, Columbia, [email protected]

Heather Gearheart, Eastern and Central [email protected]

Alan McGraw, Southwest [email protected]

Dustin Sullivan, Wilmington, [email protected]

Paul Dull, Roanoke and Lynchburg, [email protected]

Stephanie Little, Myrtle Beach, [email protected]

Matt Bolton, Tri-Cities, [email protected]

1 2

3 4

class notes

14 n the Current

Page 15: The Current Summer 2010

Ever-increasing numbers of litigants are decid-

ing to go it alone in court, but one ASL graduate is

doing his part to make that a smoother process for

everyone.

“More and more people

can’t afford attorneys,” said

Matt Bolton ’06, an associ-

ate at Herndon, Coleman,

Brading & McKee in John-

son City, Tenn. “Judges said

it was major problem. They

were starting to clog the

system.”

Pro se litigants often slow down

court proceedings with incomplete paperwork and

improper questions. To combat the problem, Legal

Aid of East Tennessee and the Washington County

(Tenn.) Bar Association offer both weekend clinics

and assistance at the courthouse one day each

month for pro se litigants.

Bolton, president of the county bar association,

said the idea “had been brewing for a while.” Typi-

cal cases often involve divorce, child custody, and

child support, he said. Other common issues are

debtor-creditor and landlord-tenant disputes.

During the courthouse clinic, chancery and

circuit court judges try to consolidate all pro se

matters on one day a month. They announce that

local attorneys are donating their services that day.

The struggling economy has meant steady

participation at the workshops, Bolton said. On

average, 10 to 30 people seek help during the

courthouse clinics.

Participants “gain reassurance that things are

proceeding more smoothly than they would on

their own,” he said. “Judges can’t give legal advice,

and going to court is scary for people that have no

experience with it. It’s a comfort for them. You’re

assured that the paperwork is going to be correctly

done, and it takes the unknown out of the process.”

ASL’s service focus helped prepare Bolton for

such volunteer work, he said.

“It’s just nice to help out, and it provides a good

service to judges, the community, and the clerks.

It’s rewarding to see it start to take shape.”

Keeping litigantsfrom going it alone

2008

Dominique J. Navarro ’08 graduated from George Washington

University Law School in May with an LLM in Litigation and Dispute

Resolution. He credits Trial Advocacy with Professor Tom Scott and

Appellate Advocacy with Professor Judie Barger with helping pre-

pare him for the program. Navarro works as an associate for a firm in

Roseville, Minn.

Ryan L. Nuzzo ’08 joined the firm of Anderson, Desimone &

Green, PC as an estate-planning attorney. He now devotes his prac-

tice to estate-planning issues, including wills and trusts. The firm has

offices in Blacksburg, Roanoke, and Smith Mountain Lake, Va.

2009

Katherine Dare ’09 has opened the Dare Law Firm in Asheville,

N.C. She lives with her husband in Fletcher, N.C. The firm’s website

is www.darelawfirm.com.

Nat and Amber Lee ’09 welcomed a son, Hudson James, Feb. 23.

Hudson, who weighed 3 pounds, 9 ounces, arrived 10 weeks early but

is doing well. Amber is taking maternity leave from her position at

Legal Aid of East Tennessee in Johnson City, where she specializes in

domestic-violence law.. Photo 4.

In memoriam

David W. Campbell ’02 passed away May 2, 2010, at the age of 59.

Campbell was an attorney in Hazard, Ky., who was running for Perry

County district judge. Funeral services were held in Hazard.

Walter C. Mahon ’07 passed away Oct. 14, 2009, at the age of 32.

Mahon was an attorney in Wilkesville, Ohio. Funeral services were

held in Delbarton, W. Va.

Alumni-awardnominees soughtDo you know an outstanding ASL grad?

Nominate them for Alumnus of the Year

by e-mailing [email protected]. Criteria are

professional reputation, community serv-

ice, commitment to ASL and commitment

to serving as a counselor-at-law. Guide-

lines are posted on the alumni website.

The recipient will be recognized at the

GALA July 30 on campus.

Summer 2010 n 15

Page 16: The Current Summer 2010

the currentthe Appalachian School of Law

P.O. Box 2825Grundy, VA 24614

www.asl.edu

Annual GALA uu Enjoy great music, food, and dancing from 7 p.m. to midnight

July 30 on campus. Cocktail attire is suggested. For more information, contact

Wendy O’Neil at [email protected].

Annual golf tournament uu Make it a weekend July 31 at nearby Willowbrook

Country Club. Up to five-member teams will tee off at 7:30 a.m. and 1 p.m. in a shotgun

start. For more information, contact Wendy O’Neil at [email protected].

Summer fun at ASL

FIRST-CLASS MAIL

NONPROFIT ORG.

U.S. POSTAGE

PAIDGRUNDY, VA 24614

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