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JWintUer 201R1 VoIlume 4S1 NumTber 1 Wake | Forest the magazine o/Wake Forest University School of Law Training Citizen Lawyers Dean Blake D. Morant Wins Equal Justice Works’ Prestigious John R. Kramer Outstanding Law School Dean Award inside: Community Law & Business Clinic helps Triad families stay in homes From Dean the garnered national recognition for efforts Time” speaker series, has enlivened that foster and facilitate public interest public discourse regarding wrongful work. My receipt ofthe Kramer Award convictions. Havingreceived impressive reflects the unique and enviable spirit coverage in such media outlets as the of Wake Forest. The diligence and New York Times, the Washington Post, commitment of the faculty, staff, and and CBS News, the IJC’s historic event students have resulted in a remarkable with Mr. Grisham has thrust the Wake plethora of activities that address the Forest School of Law into the national needs of those most needy and bring spotlight. recognition to our law school. I am Providing additional focus on "The diligence and commitment grateful for the efforts of every Wake public interest and its role of law in Forest constituency, whose collective society is our new Journal of Law and ofthe faculty, staff, and students energies contributed mightily to the Policy (JLP). The JLP, which explores have resulted in a remarkable KramerAward. the law’s interrelation with social and Perhaps most demonstrative of public policy, has two forthcoming plethora of activities that address Wake Forests commitment to public volumes with dynamic commentary by the needs ofthose most needy interest and pedagogy are our clinics. national and international scholars and The Elder Law, Litigation, Appellate practitioners. and bring recognition to our law Advocacy and new Childrens Advocacy Our focused commitment to school." Clinics continue to add great luster public service, expansion ofour clinical to Wake Forest through its excellent programs, the work of our clinics, and work for the underrepresented and the scholarly focus of issues related to Happy New Year. This issue of challenged. This issue ofthe Jurist will law and policy are components of our the Jurist features the Wake Forest highlight the remarkable work ofone of new “Applied Legal Theory - Law in UniversitySchoolofLawspublicservice our more recent clinics, the Community Action” (ALTLA) program. ALTLA, and pro bono efforts. Both have been Law and Business Clinic (CLBC). which is a comprehensive effort to energized through our new Pro Bono The CLBC focuses on enriching demonstrate the inexorable intersection Project and Public Interest Initiative, communities, demonstrated most of legal doctrine with actual problems spearheadedbyProfessorBeth Hopkins, recently by assistance given to families and circumstances, has become an our dynamic new director of outreach. who face foreclosure. Included in the integral and transformative element of Our influential clinics, which have CLBC’s many community-enhancing our curriculum. A most noteworthy increased to six in number, further our innovations is the Low Bono Program, innovation ofALTLAisourWashington goals to serve the community. As a which guides new graduates who will Program, which commenced as a result of these programs, our students representlow-wealth clients. pilot program in January with select experience firsthand the intersection The Innocence and Justice Clinic third-year students participating in an of doctrine with the “real world” and (IJC), which in its nascent history has externship based in the Washington, appreciate the fulfillment attained been remarkably successful, continues D.C. area. Look for additional details throughvolunteerism. to benefit from the law school’s Sept. about the Washington Program in the I must first offer my gratitude to 14 panel discussion featuring New nextissueoftheJurist. Equal Justice Works (EJW) for the York Times best-selling author, John prestigious John R. Kramer Outstanding Grisham. This program, which was — Law School Dean Award. EJW has part ofPresident Hatch’s “Voices ofOur DeanBlakeD. Morant JURIST Wake Forest Winter 2011 Volume 41 Number 1 | 2 Training Citizen Lawyers Dean Blake D. Morant was among those recognized for their contributions as leaders in public interest lawbyEqual Justice Works at itsannualawardsdinneron Oct. 21 inWashington, D.C. 6 Erasing Foreclosure TheCommunityLawandBusinessClinicishelpingTriadfamiliesfacing foreclosurestayintheirhomes. 9 Foreclosure Moratorium 10 National Network 12 Photo Gallery: Innocence and Justice 14 News Briefs 22 Faculty Notes 34 Alumni News 38 Class Notes 1 01 U WitfIKe =tl: TRAINING LAWf CITIZEN ERS Dean Blake D. Morant Wins Equal Justice Works’ Prestigious John R. Kramer Outstanding Law School Dean Award When Wake Forest University nominate Dean Morant for this award School of Law Dean Blake D. Morant in part because of his significant role found out that he had been selected for in supporting the establishment of the the prestigious Equal Justice Works’ Pro Bono Project and Pubhc Interest JohnR. KramerOutstandingLawSchool Initiative last year combined with his Dean Award, he was at a loss forwords. many accomphshments in other areas For those who have the pleasure acrossthelawschoolandtheprofession,” of knowing the dean personally, you saidboardmemberCraigPrincipe (’12). know just how rare an occasion this “Receipt of this award recognizes was. In fact, he even made note ofit in not only Dean Morant’s achievements, his remarks at the awards dinner, which but also the accomphshments ofaU the washeldon Oct. 21, 2010, atthe Ronald students, faculty, administrators and Reagan International Trade Budding staff who do so much to contribute in Washington, D.C. Among those to the law school’s pubhc service recognized by Equal Justice Works for initiatives. This award belongs to their contributions as leaders in pubhc the entire law school community” interest law at its annual awards dinner With the blessing and support of wereTeriPlummerMcClure, seniorvice WakeForestUniversityPresidentNathan president for United Parcel Service, and O. Hatch and law school associate Jessica Stein, a student at the University deans Ann Gibbs, Suzanne Reynolds of Connecticut Law School. David and Ronald Wright, a nomination Gregory, host ofNBC’s “Meetthe Press,” package was prepared by Principe, served as the emcee for the evening. the Pro Bono Project’s pubhc relations “When notified ofmy selection for coordinator. The package, which thisaward,Iwasrenderedspeechless-a chronicled the many achievements of conditionmyfamilywouldneverbelieve Dean Morant’s administration, included given that my gift for gab’ has been letters of support from President known to reach legendary proportions,” Hatch and Deans Gibbs and Reynolds. hesaid.“ButatalosswasI,andIcontinue Some of Dean Morant’s key to be very humbled and challenged accomphshments highlighted in by this extraordinary recognition.” the nomination package included: The students nominated the • establishingavisionforthelawschool dean for the award, which honors a thatincorporatesastrongcommitment law school dean who has successfully to pro bono service, pubhc interest demonstrated leadership in building an careers and community outreach; institution that nurtures and fortifies • creating field work opportunities for a spirit of pubhc service during his students through the establishment tenure at an Equal Justice Works of Community Law and Business participating member law school. Clinic, the Innocence and Justice “The Student Executive Board Chnic and the Washington, D.C. of the Pro Bono Project chose to Metropolitan Externship program; 3 “Equal Justice Works, thanks to its excellent efforts, adds much needed momentum to the legal • Pi.imoting community outreach academy’s augmented with a significant focus on anci public service careers through renewed the skills and motivation required to the establishment ot the Pro Bono be good citizens. This renewed vision emphasis on Project, the Public Interest Initiative, has its roots in professionalism, which and the Public Interest Retreat and volunteerism.” embodies the principles, discipline and the hiring of a Director of Outreach; time-honored obligation of lawyers to • and promoting scholarship in -BlakeD. Morant be excellent at their craft and generous the area of public interest law totheircommunities. Thus,thetraining through the establishment of of ‘citizen lawyers’ has become for the journal of Law and Policy. me and many others a focal mission. The past five recipients of the For centuries, lawyers have given of Outstanding Law School Dean Award “Equal Justice Works, thanks to themselves to the clients who retain are among some of the fields’ best its excellent efforts, adds much needed their services and to what I call ‘societal known and most respected law school momentum to the legal academy’s clients’ - individuals who may not deans; Larry Kramer of Stanford Law renewed emphasis on volunteerism,” afford or have access to legal services, School in 2009, now U.S. Supreme Morant said in his remarks. “Together, but require those services for essential Court justice Elena Kagan of Harvard this great organization and those of needs. Representation of the needy Law School in 2008, Karen Rothenberg us in the academy will usher in a new is not only a humanitarian goal, but of the Universit)' of Maryland School market order - one that produces also an essential norm in an inclusive of Law in 2007, Katharine Bartlett of outstanding jurists who enrich the and enriched society. This brand of Duke University School ofLaw in 2006, communities in which they practice.” professionalism has unfortunately been and Gene R. Nichol of University of overshadowed by notorious examples North Carolina School of Law in 2005. Excerpts from theDean’sRemarks: of self-fulfillment. It gratifies me that The mission ofEqual Justice Works “Tonight’s focus on Equal Justice the transformative changes occurring in is to create a just society by mobilizing Worksisexceedinglytimely. Forthoseof legal education will broaden the specter thenextgenerationoflawyerscommitted you who may not know, legal education of individual achievement to include to equal justice. The Washington, continues to undergo transformative the obligation to give back to society. D.C.-based organization provides change. Somerefertoitasa21stcentury In 2003, I had the honor leadership to ensure a sustainable renaissance, one that recognizes that the of delivering the Thomas More pipeline of talented and trained academy’s historic success in training commemorative lecture at St. Dunstan’s lawyers involved in public service. lawyers in the science of law must be Church in Canterbury, England. You 2 The number of new public service organizations -- the Pro Bono Project and the Public Interest Initiative - the law school added during the 2009-1 0 academic year 10 Number of students who volunteered in Miami over Spring Break helping Haitians who had been displaced by the January 2010 earthquake 40 Number of students in the class of 2012 that completed a pro bono project - winning the class the Dean's first Pro Bono Competition . TOPTO BOTTOM Dean Blake D. Morant gives his remarks at the 2010 Equal Justice Works Awards Dinneratthe RonaldReagan Building andInternational Trade Centerin Washington, D.C. Dean Blake D. Morant, host ofNBC's "Meet the Press" David Gregory, Senior Vice President, General Counsel and Corporate Secretary ofUPS Teri Plummer McClure and EqualJustice Works CEO DavidStern. mayrecall that the legendary More paid the ultimate price for his adherence to the morals of his profession. His remains are interred in St. Dunstans, where his legacy is celebrated each year on the anniversary of his death. My research for that presentation not only revealed the greatness of this 16th century citizen lawyer, but also impressed on me the continuing relevance of his historic narrative. In a scene from ‘A Man for All Seasons’ a movie based on his life, More, on the eve ofhis death, spoke eloquently on a lawyer’sobligationto upholdsociety: . . ‘in astatewhere charity,modesty,justice and thought aren’t always profitable, perhaps we must stand fast a little, even at the risk ofbeing heroes.’ Equal Justice Works instills in our profession More’s poignant charge. Working with this remarkable organization, we will uplift our profession and, in the process, become society’s heroes.” Number of families who received help from law students with their income 50 taxes through the Volunteer Income Tax Assistance program Number of hours of pro bono work by students during the Spring 2010 1,000 semester Number of students who reported performing pro bono work during the 25% Spring 2010 semester Community Law and Business Clinic helps Triad families facing foreclosure homes stay in their Tonya Williams was home for the holidays, thanks in no small part to the efforts ofWake Forest University School of Law’s Community Law and Business Clinic, Professor Steve Virgil and Legal Aid of North Carolina (LAN.C.). Williams was among the more than 70,000 families in North Carolina facing foreclosure on their homes by the end of 2010. According to the North Carolina to get Williams’ monthly payment cut lower interest rate, which they agreed to Justice Center, home foreclosures are nearlyinhalffrom $506to $269. drop. Her interest rate went from nearly on a record-setting pace in the state and “This will allow me to stay in my 12 percent to 2 percent. Ifwe hadn’t put the Triad. Mecklenburg County has the house,” Williams said. “I don’t know somethingin place shewould have been most foreclosures so far, while Wake, what I would have done without outbyDec. 16.” Gudford, Forsyth and Union counties Ashleigh’s help. I am so relieved. I sleep Wilson said the experience was follow. The CLBC, however, is trying to betternow.” personally rewarding for her as well stem that tide. Working with referrals When Williams was running out of because “it was the chance to see the from Legal Aid, each student in the hope ofstaying in her home, she called fruitsofmylaboractuallyhelpsomeone. clinic last faUgot at leastone foreclosure Legal Aid, where she was referred to the I really enjoyed it. It also helped me case. Armed with training from Legal CLBC. realizehowpowerfulyou areasalawyer. Aid and Professor Virgil, who is the “I was behind on my home equity It made me feel like I was holding the CLBCdirectorandapracticingattorney, payment and the lender was going to goldenticket. thestudentswenttoworkontheircases. foreclose,” Williamsexplained. “Ashleigh “The first two years of law school “Some of the cases were really was wonderful. She made it personal. is ‘in the classroom learning’ and a lot urgent because some were already in We met every week and she was always of legal theory, but through my work default,”Virgilsaid. so positive. I couldn’t have done this with the CLBC, I got to see everything North Carolina has one of the without Ashleigh and the Community fall into place. It gave me confidence to fastest foreclosure processes in the Lawand Business Clinic.” knowwhen I step outaftergraduation, I nation, meaning that a family can be Williams was fortunate that her havesomecorecompetencies. Icandraft displaced as quickly as 60 to 90 days lenderwaslocal, which made it easierto contracts andformbusiness entities.” afterforeclosureproceedingsbegin. getaloanmodification. Virgil points out that helping Williams was faced with losing “It was difficult to determine her families outofahome foreclosure isjust her Winston-Salem home, which she income to see if a loan modification one ofthe efforts the CLBC is working inherited. She had taken out a home was even feasible because she was self- on to help move the area toward equity loan to fix up the house but was employed but her clients kept great economic recovery. The CLBC works unabletomakethepaymentsafterlosing records so we were able to create a primarily with business start ups and work as a self-employed housekeeper profit/loss statement to show her gross organizations engaged in community and home health-care giver when the income,” Wilson explained. “We had economicdevelopment. economicdownturnhit. to submit letters from her employers “These businesses by people who Professor Virgil gave Ashleigh and I had to draft a letter to her lender have an entrepreneurial spirit are Wilson (Tl) Williams’ case. Under regarding why her income had dropped creatingjobs where people live,” he said. Virgil’s supervision, Wilson was able and propose new terms including a “Some ofthem are food-related and for 7 s.iim communities that iswherethebest in obtaining some loan modifications, Hazel Mack is the Triad’s regional ope tor job creation exists, especially explained X'irgil, ^vho has worked pro director for Legal Aid as well as the >n rural communities where it's hard to bono on foreclosure cases throughout head ofthe statewide Legal Aid ofN.C. bring in a big plant. It’s easier to create his career. (LAN.C.) Mortgage Foreclosure Defense a business yourself that is farm-based “Tlie goal is to keep people in their Project. Mack said she turned to the or agriculturallv-based and to create a houses,” Virgil said. “Its really key to CLBC for help when the foreclosure decent job that will support a family. \Ve try to focus our work on those small- “We will do whatever we can to keep scale entrepreneurs but we also do a lot We of work with nonprofits such as food families in their home. have already banks and pantries, the need for which has increased asa result oftheeconomic had a number of successes where the downturn. Ifwe can help the pantry we lender has agreed to a longer term or a are helping the families who are served by that pantry. The clinic serves as a lower payment.” -ProfessorSteve Virgil full-service law firm for both of those models.” Wilson isvolunteeringaspartofthe keep a house occupied and the family casesstartedpouringin. AmeriCorps program during the spring with housing. It’s such a tremendous “We are just inundated with so semester at the CLBC where she will benefit not onlyto the familybut also to manyofthese cases,” she said. “We need act as the liaison between the clinic and thebroadercommunity.” all the help we can get. Foreclosures are Legal Aid on the foreclosurecases. When a house is foreclosed on, popping up like weeds and the amount ‘AVe will do whatever we can to the neighboring houses are worth less, of documentation is overwhelming. We keep families in their home,” Virgil said, which means an immediate negative already had a relationship with Steve, adding that his clinic has taken some 60 housing value. And when a family loses who had come to our private attorney foreclosure cases from Legal Aid. “We housing they lose more than an asset training on these foreclosure cases and have already had a number ofsuccesses andtheirhome equity. Long-term home takensomeofhisown. Itjustmadesense where the lender has agreed to a longer ownership means education forchildren togetthestudentsinvolvedbecausethey term oralowerpayment.” and college participation and success learn so much and that’s what it’s all The CLBC has worked on about rates. The home becomes not only a about.” 20 foreclosure cases up to this point. resource itbecomesan indicatoroflong- Mack said the average homeowner Most families facing foreclosure need term gains. Keeping a family in a home cannotgetthroughtheloanmodification someone to help them navigate the benefits the family, the children and the paperwork on their own. “We need system and theclinichasbeen successful neighborhood.” bodies and the students are perfect because they are educated and they are trainedand theycan do it,” sheadded. Virgil and Mack met last month about the next team of students beginning in the clinic in January and thecasestheycantakeon. “If we had the supervision, every student at the law school could have a case, that’s how prevalent this problem is. Even attorneys who do other areas of work in our office have to take on these cases, that’s howbad it is. But how do you turn them away? The difference between havingahomeandnothavinga homeis devastating.” 8