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Goodbye beach, hello Grove
“My wife and I visited a number of different places, and we really just fell in love with Oxford,” the assistant professor says. “We were married in June of last year, and one month after our wedding, we packed up for our new jobs and lives in Mississippi. So far, it has been great.” Julie Waterstone says moving to Oxford from a city of about 3 million required a “definite adjustment, but we wouldn’t trade what we have for anything.” As staff attorney and visiting clinical professor in the Civil Law Clinic, Julie says she hopes “to be instrumental in producing law graduates who are committed to pro bono work and have a passion for whatever type of law they practice.” “For me, the highlight of law school was working in Northwestern’s legal clinic,” the San Diego native says. “I learned terrific lawyering skills, but above all, I learned that I am committed to pro bono work and am deeply passionate about children’s rights and issues relating to children. Prior to this experience, I had not found my passion.” Michael, who is a native of Los Angeles, says teaching at the Law School the past year was a “wonderful” experience. “My students are bright, energetic and—at least to a Yankee like myself—incredibly polite,” says the professor, who taught civil rights, disability law, civil procedure, and property. While his desire to teach came even before he entered law school, Michael says he also enjoyed practicing law. “I entered law school thinking that I would want to teach. During my clerkship, I taught a law school class, and it was my favorite day of the week. I actually enjoyed practicing law more than I thought I would, but my first love has always been working with students,” Michael says. Following graduation from Harvard Law School magna cum laude, he clerked for Judge Richard S. Arnold on the U.S. Court of Appeals for the 8th Circuit. He then practiced in Los Angeles for 2-1/2 years with the firm Munger, Tolles & Olson. He received his bachelor’s degree summa cum laude from the University of California, Los Angeles, in 1995. Julie, a 2000 graduate of Northwestern School of Law, holds a bachelor’s degree in law and society with an emphasis in criminal justice from the University of California, Santa Barbara. As a litigation associate with the firm Milbank, Tweed, Hadley & McCloy in Los Angeles, she practiced in the areas of fraud, contract disputes, adoptions, and First Amendment issues. Julie admits that for her, “there’s nothing better than spending the day on the beach,” and Michael follows with, “I enjoy surfing, which sadly is more problematic in Oxford than Southern California.” Top of Page • UMLawyer Summer Home
Professor Emeritus Guthrie T. Abbott taught the course Mississippi Civil Practice and Procedure this spring to 120 second- and third-year law students. In March, he and Professor Bob Weems presented the 21st annual Abbott and Weems continuing legal education session “Summary of Recent Mississippi Law” to more than 800 lawyers and judges. Abbott was honored during Law Weekend with his selection as vice chair-elect of the Lamar Order leading to chair in 2005-06. He continues to represent the Law School on the Mississippi Supreme Court Advisory Committee on Rules. Professor John Bradley was a member of the site evaluation team for Florida A&M College of Law. He spent time at A&M and wrote a report to the Section on Legal Education. He was appointed to the team by the American Bar Association Section on Legal Education. He is the author of a new paper, “Scheduled Member Injuries,” and he spoke on the topic at a recent CLE program. Clinical Professor Phillip Broadhead, director of the Criminal Appeals Clinic, submitted the article “Why Bias is Never Collateral: The Impeachment and Rehabilitation of Witnesses in Criminal Cases” for national publication in the American Journal of Trial Advocacy. The article appeared in Volume 27:2 of the journal in fall 2003. He delivered the speech “Impeachment of Witnesses and the Mississippi Rules of Evidence” to the Mississippi Public Defenders Association at the fall 2003 state conference in Jackson. Croft Assistant Professor and Jessie D. Puckett Jr. Lecturer Charles Brower’s commentary on S.D. Myers Inc. v. Canada (NAFTA investor-state arbitration and judicial review) appeared in the April 2004 issue of American Journal of International Law. He delivered a principal paper as a human rights treaty on NAFTA at the conference “NAFTA Investment Law and Arbitration: The Early Years.” As vice chairman of the Institute for Transnational Arbitration’s Academic Council, Brower organized a conference on “The Two Faces of Court-Arbitrator Interaction Under Investment Treaties.” He was appointed by the Institute for Transnational Arbitration to its executive committee and its board of reporters. Assistant Professor Mercer Bullard continues to appear before congressional committees and in the national print and television media in connection with mutual fund regulation reforms. He testified before the Senate Committee on Banking, Housing and Urban Affairs; the Subcommittee on Financial Management, the Budget, and International Security, Senate Committee on Governmental Affairs; and the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises, House Committee on Financial Services. He briefed the Senate Banking Committee staff on mutual fund issues, and drafted or provided counsel to congressional staff on legislation, including the Mutual Fund Transparency Act of 2003 (S. 1822); Mutual Fund Reform Act of 2004 (S. 2059); Mutual Fund Investor Confidence Restoration Act of 2003 (S. 1971); Mutual Fund Investor Protection Act of 2003 (S. 1958); Securities Fraud Deterrence and Investor Restitution Act (H.R. 2179); and Mutual Funds Integrity and Fee Transparency Act 2003 (H.R. 2420). He has been quoted in the Wall Street Journal, New York Times, USA Today, and other newspapers and magazines, and also appeared on “CBS Evening News,” Bloomberg Television, “Wall Street Week,” CNBC, National Public Radio, and other television and radio shows. Cited by BusinessWeek in November for leading the fight for shareholders’ rights and named by a mutual fund trade publication as one of four “Fund Titans” for 2003, Bullard was invited to deliver presentations before the senior staff of the National Association of Securities Dealers, the Investment Company Institute, and Morningstar Inc., and to participate in conference panels by the Federal Reserve Bank of Boston, North American Securities Administrators Association, and American Institute of Certified Public Accountants. He also delivered presentations on the ongoing mutual fund scandal before Ole Miss alumni in Jackson, Memphis, and Dallas, and to the Grenada Rotary Club. In January, Bullard brought leading industry executives, consumer advocates, regulators, and academicians to Oxford for the Mutual Fund Summit, a public forum on issues in the mutual fund industry. Summit participants included John Bogle, founder of the Vanguard Funds, and U.S. Securities and Exchange Commissioner Harvey Goldschmid. The event was broadcast live via the Internet, and the transcript of the summit will be published, with an introduction by Bullard, in the Mississippi Law Journal. Bullard drafted or edited comment letters submitted with co-consumer advocates on six proposals by the Securities and Exchange Commission and co-authored a “Blueprint for Mutual Fund Reform” with the Consumer Federation of America. He also published editorials in TheStreet.com (“Investors Deserve an Intolerant SEC”) and Jurist (“Rouge on a Corpse Won’t Bring Mutual Fund Directors Back to Life”). Dean Samuel M. Davis, the Jamie L. Whitten Chair of Law and Government, was honored for the second time in the eighth annual edition of Who’s Who Among America’s Teachers. His 2004 edition of “Rights of Juveniles: The Juvenile Justice System” was published in April. Available this fall is the third edition of his casebook, “Children in the Legal System,” co-authored with professors Walter Wadlington and Elizabeth Scott of the University of Virginia Law School and Professor Charles H. Whitebread of the University of Southern California Law School. Davis continues to serve as one of the Mississippi commissioners to the National Conference of Commissioners on Uniform State Laws, as an elected member of the American Law Institute, and as a member of the Professionalism Committee of the Mississippi Bar. Professor Joanne Irene Gabrynowicz, director of the National Remote Sensing and Space Law Center, presented “Space Law: Its Cold War Origins and Challenges in the Era of Globalization” as the Donahue Lecturer at Suffolk University Law School. She also delivered the address “The United Nations Space Law Treaties and Principles” at the U.N. Office of Outer Space Affairs Capacity Building in Space Law workshop in Daejon, Korea. As the keynote speaker at the U.S. Commercial Remote Sensing Industry Conference in Washington, D.C., she delivered the address “Industry History: Gaining Advancement Through Lessons Learned.” She was featured in the profile and quotations section of the April 5, 2004, issue of Space News, the space industry’s leading international newspaper. Gabrynowicz organized the fall 2003 conference Homeland Security, Geospatial Data and the Law, which considered the legal role of geospatial information and data used in homeland security activities at the federal and state levels. She serves on the Department of Commerce/NOAA Advisory Committee on Commercial Remote Sensing, which was established by the U.S. secretary of commerce. Professor Timothy Hall will continue his work as UM’s interim associate provost for the coming academic year. He also will teach Law and Literature in fall 2004. Hall served as editor of U.S. Legal System, a two-volume reference work published by Salem Press in April 2004; and his book “American Religious Leaders” (Salem Press, 2003) was selected by Choice magazine as an Outstanding Academic Title, 2003. His review of Philip Hamburger’s book “Separation of Church and State”was published this spring in the Journal of Law and Religion, and he recently completed a chapter titled “Toleration and Dogmatism” for inclusion in a volume of essays by a number of legal scholars tentatively titled “Viewing Law Through the Eyes of Faith.” Professor Michael H. Hoffheimer, the Mississippi Defense Lawyers Association Distinguished Lecturer, published a new edition of his Directory of Law Reviews in the spring, and Lexis-Nexis is expected to release another issue of the directory in fall 2004. He co-authored an article with Professor and Director of the Law Library Kris Gilliland and Public Services Librarian Lynn Murray titled “Pre-1900 Mississippi Legal Authority.” The comprehensive study of historical legal sources appears in Volume 71 of the Mississippi Law Journal. Hoffheimer’s chapter in “Race and Racism in Modern Philosophy” is scheduled to be published by Cornell University Press in 2004. The professor welcomed U.S. Attorney Jim Greenlee to his Criminal Law class in January, and he helped arrange visiting lecturers during the spring semester including Judge Harry T. Edwards, Professor Michael Stolleis, and Dr. Allen Boyer. Assistant Professor Lisa Shaw Roy’s essay “The Establishment Clause and the Concept of Inclusion” will appear as the lead piece in Volume 84 of the Oregon Law Review, expected to be published in September. In July, her essay will appear as a part of the presentation “Call for Papers” held during the Southeastern Association of Law Schools conference in Kiawah Island, S.C. She was appointed co-chair of the Law and Religion Program for the 2005 Annual Meeting of the Association of American Law Schools. The program is tentatively titled “The Expectations of Religious Communities for Non-members.” Roy also drafted a bar exam question in the area of ethics and professional responsibility for the State Board of Law Examiners. Associate Dean and Professor Ronald J. Rychlak, the Mississippi Defense Lawyers Association Distinguished Lecturer, published the following: “An Empire of Law?: Legalism and the International Criminal Court” with Associate Professor John Czarnetzky, Notre Dame Law Review (2003); “Just-War Theory, International Law, and the War in Iraq,” Ave Maria Law Review (2004); “A Bad Bet: Criminalizing Nevada’s College Sports Books,” Nevada LawReview (2003-04); “Unlucky Numbers: Betting On, Against, and With the Yankee$,” Chapter 12 in the book “Courting the Yankees: Legal Essays on the Bronx Bombers” (Carolina Academic Press, 2003); “Reopening the Case,” Crisis (April 2004); reviewing Peter Godman, “Hitler and the Vatican”; “In Defense of Cardinal Stepinac,” The Catholic Answer (March/April 2004); “Baseball’s Integrity Still on Line,” The Commercial Appeal (Memphis), Jan. 17, 2004. Rychlak received certification training in January at the National Judicial College in Reno, Nev. He gave two lectures on the Fourth Amendment at the National Judicial Training held in February at the Law School’s National Center for Justice and the Rule of Law. He presented the program “Problems with the International Criminal Court” at Ave Maria School of Law, and he appeared as a guest expert on 13 episodes of a television series on Pope Pius XII filmed at EWTN television studios in Birmingham, Ala. The professor continues to serve as an adviser to the Holy See’s mission to the United Nations, a delegate at meetings of the International Criminal Court, and a member of the committee charged with revising the Mississippi Criminal Code. He recently was inducted into Phi Kappa Phi academic honor society and was granted membership in the International Masters of Gaming Law. Assistant Professor Paul Secunda attended the Oxford Round Table Conference at Lincoln College at Oxford University in Ox-ford, England. During this conference, he engaged in discussion and debate regarding the law of employment and discrimination in the educational context with 35 other delegates. He also presented his paper “Getting to the Nexus of the Matter: A Sliding Scale Approach to Faculty-Student Consensual Relationship Policies in Higher Education.” His article “Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, and the National Labor Relations Board” is scheduled for publication September 2004 in the Florida State Law Review. This summer, Secunda will participate in the Young Scholars Workshop at the Southeastern Association of Law Schools Conference in Kiawah Island, S.C. He will present his paper “The Propriety of Compelling Platonic Professors: The Constitutionality of Banning Supervisory Faculty-Student Relationships at Public Universities in the Wake of Lawrence v. Texas.” He was a panel participant during a visit and lecture at the Law School by Chief Judge Emeritus for the U.S. Court of Appeals for the District of Columbia Harry Edwards. Associate Director of the National Remote Sensing and Space Law Center Jacqueline E. Serrao was added to the United Nations International Civil Aviation Organization’s roster of international aviation legislation experts. ICAO is the specialized agency of the United Nations whose mandate is to ensure the safe, efficient, and orderly evolution of international civil aviation. In this capacity, Serrao may be called upon to work with national experts, provide legal expertise to foreign states, and draft their new civil aviation legislation and regulations. Assistant Professor Michael Waterstone published the article “Civil Rights and the Administration of Elections: Toward Secret Ballots and Polling Place Access” in Gender, Race & Justice (2004). He is working on “Disability Civil Rights Law and Policy: A Casebook.” He was invited moderator and speaker on a panel about international disability law for International Law Weekend held in October 2004 in New York. Top of Page • UMLawyer Summer Home
Tribute For Mason
Mason joined the UM law faculty in 1973 and taught torts, evidence, trial advocacy, federal procedure, and oil and gas law. He coordinated the Law School’s student internship and trial advocacy programs. Mason was presented the 2004 Outstanding Law Professor of the Year Award at the school’s Awards Day ceremony. The award also went to Mason in 1975 and 1979. Mason is survived by his wife, Darlene Calmes Mason; and two sons and their families: Mark and Kim Mason, and their sons, Lake and Cal, of Cedartown, Ga.; and Drew and Darla Mason, and their daughter, Bani, of Huntsville, Ala. “As a young faculty member, I discovered quickly that Tom cared deeply about not only students he had in class but any student enrolled at the law school. Tom was one of the best advocates that the students of the Ole Miss Law School ever had, and he always did his best to advance the legal career of any student he thought he could assist. Such commitment is legendary. May you rest in peace, Tom-O.” “I’ve been in the Law School for 26 years now, and my first eight years were spent on the fifth floor, with Professor Mason’s office close to mine. I can honestly say that I never saw the man hurry, whether going to class or heading to lunch. In fact, he took great pleasure in yelling at me as I’d hurry past his door: “Hey, Red, you need to slow down. No reason to hurry.” The day I was with his family helping to plan his funeral, I asked both of his sons if they’d ever seen their dad hurry. His son Drew looked at me, thought for a moment, and said, “Yes, one time. It was lightning on the golf course.” “Tom Mason did not try to impress anyone. He did what he thought he ought to do, and what he wanted to do. When informed that smoking was no longer permitted in the Law School, he closed the door of his “I was lucky to know Professor Mason well enough to understand his love of teaching and for his students. His characteristic gruff manner not only encouraged us to do our best but kept us on our toes as well. I know I won’t be the only one to miss him when the fall semester starts.” “No one knows the innumerable acts of kindness Tom performed for others during his lifetime, and he would probably be upset if anyone did find out about his anonymous generosity. After all, true gifts are those for which we expect nothing in return, including admiration and recognition. There is no doubt Tom will be missed by all of us. As was said at his memorial service, he left this world a better place than he found it. What higher praise could any of us receive in our life?” “Tom Mason was already a teaching fixture at the Law School when I became employed in 1977; it will never be the same without him. He truly is irreplaceable. He was unfailingly a gentleman—always kind, always friendly, and always willing to help. He had a wonderful sense of humor. Even though he was from Oklahoma and I from Texas, we never took it personally, About 175 students, faculty, and staff walked “for Mason” on April 6, “Tom was a great teacher, and his students knew that he cared for them. “In 1973 I rode to the Memphis airport with Robert Khayat to pick up Tom and Darlene Mason when they came to Ole Miss for Tom’s interview for a faculty position. It was a great day for our school when Tom Mason agreed to share his talents with our faculty. He was a wonderful classroom teacher and served as a friend and mentor to thousands of students. Tom was associate dean while I was acting dean, and I could never repay him for the sound advice and great wisdom that he imparted to me during those times. Tom was filled with the milk of human kindness.
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Oceanfront is perhaps the thing Law School faculty Michael and Julie Waterstone miss most since moving to Oxford last year from southern California. For now, however, they both say they’re content to be involved in other such pastimes as camping, tennis, running, cooking, and traveling.
Tom Mason, professor of law at The University of Mississippi, died April 16 at his home in Oxford following a short illness. He was 69. 
office and smoked anyway. When he was dying, and he knew he was dying, he somehow dragged himself out of bed and came to school to teach his classes until the time came,