Regent Law News

After Success at Regional Level, Negotiation Team Prepares for National Competition

2009-11-18T13:20:00.000-08:00

Regent University School of Law’s Alternative Dispute Resolution Board (ADR) made a strong showing at the ABA Regional Negotiation Competition held Nov. 13-14 at William and Mary School of Law.

The 2L team of Mary Katherine Bratton and David Crossett finished second overall from a roster of over 20 teams representing American University, Georgetown, Washington & Lee and other law schools throughout Virginia, Pennsylvania, Delaware, West Virginia, Maryland, and Washington, D.C.

While all three of Regent’s competition teams placed in the top ten, Bratton and Crossett look forward to an official invitation from the ABA to compete in the national competition, February 5-6 in Orlando, FL.

Team coach Prof. Eric DeGroff commented on Bratton and Crossett’s exemplary performance.

“Our team was able to zealously represent their clients within the bounds of the law and with integrity,” he said. “They balanced making a strong case and presenting their client in the best possible light while being very careful to speak the truth.”

Other recent Regent ADR wins include the 2009 Merhige National Environmental Negotiation Competition and the 2007 ABA National Negotiation Championship.

Virginia Super Lawyers Recognizes Two Regent Law Alums

2009-11-10T06:47:00.000-08:00

Morgan A. Cox (’03) and Shantell S. Nashatka (’03) were both recognized as Virginia Rising Stars in the 2009 edition of Virginia Super Lawyers.

Cox has been practicing family law in Vienna, Virginia at the Maddox Law Firm, P.C. for four years and is an active member of the community. Nashatka practices in the Domestic Relations department at Huff, Poole & Mahoney, P.C. in Virginia Beach and also spends her time caring for needs in her community.

Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, the magazine solicits nominations for the best attorneys who are 40 or under, or who have been practicing for 10 years or less. After an in depth research and interview process, no more than 2.5 percent of the lawyers in the state are named to the Rising Stars list.

Congratulations to these rising stars, and those alumni who have formerly been given this honor .

Regent Alum Bob McDonnell Wins Virginia Governor's Race

2009-11-04T05:13:00.000-08:00

In one of a handful of electoral races that captured national attention this year, Robert F. "Bob" McDonnell '89 (Law and Government) has been elected the 71st Governor of the Commonwealth of Virginia, the first alumnus of Regent University elected to a state's highest office.

By 8:00 p.m. on Tuesday, November 3, major news networks had called the election for McDonnell, who held a commanding lead over his opponent, state Senator Creigh Deeds. At 10:00 p.m., with 95 percent of precincts reporting, McDonnell was ahead with 59 percent of votes, compared to Deeds' 41 percent.

McDonnell took the stage at the Richmond Marriott, surrounded by family, friends and supporters, as the Black Eyed Peas song, "I gotta feeling tonight's gonna be a good night," played, and people cheered and clapped.

"Eight months ago, I applied for the job of Govenor of Virginia. Tonight you have hired me. Thank you," he said to several hundred people gathered for the Republican victory party.

"Our motto at Regent is 'Christian Leadership to Change the World,' and this is the way we do it," said Regent's President and Chancellor Dr. M.G. "Pat" Robertson in an interview at the hotel. "The good thing about Bob is that he stayed on message, never wavered and he didn't let his opponent take him off message."

When asked what advice he had for the new Governor, Robertson replied, "Stay the course. I'm really proud of you."

Many in the Regent community share Robertson's pride. Vice President of Academic Affairs Dr. Carlos Campo commented, "There isn't a college president in the country who wouldn't be feeling like a proud papa at this moment. The broad support that Bob has had in Virginia is a reflection of the fact that Regent's values are Virginia's values, and they are Bob's values."

Law School Dean Jeffrey Brauch also weighed in. "I am excited for Bob McDonnell and deeply proud of him. Regent University is about training leaders who will serve others with excellence and integrity. Alumnus - and now Governor-elect - Bob McDonnell is just such a leader," Brauch said. "I am eager to see how he positively impacts the lives of Virginians and millions of other Americans as he assumes a leadership role on the national stage."

McDonnell began his political career in 1991 running for the House of Delegates in Virginia Beach, Va., against a 20-year Democrat incumbent who had run unopposed for a decade. He went on to serve 14 years as a delegate, and then ran for Attorney General in 2005. In what became the closest statewide race in modern Virginia politics that involved weeks of court hearings and physical counting of ballots, McDonnell won by a mere 360 votes over Deeds.

As attorney general, McDonnell saw a majority of legislative proposals become law, most with bipartisan support. He has been commended for his work to strengthen Virginia's mental health laws, crack down on animal fighting, establish a "Senior Alert" to assist in locating missing seniors with mental deficiencies, create a state-of-the-art Sex Offender Registry, and provide new tools for law enforcement involved in online investigations of identity theft, sexual predators and other 21st century criminals.

McDonnell created and led Virginia's Youth Internet Safety Task Force, which received widespread attention for its significant recommendations to improve online safety, and established the ongoing Attorney General's Task Force on Regulatory and Government Reform. The task force has already made over 250 individual recommendations to streamline Virginia's Administrative Code and reduce burdensome government regulation He resigned his position as Attorney General in February 2009 to campaign fulltime for Governor.

"By leading the Republican Party out of its wilderness wanderings in Virginia during the last decade, McDonnell immediately becomes a model for forging a Republican comeback nationally in 2010 and 2012," said Dr. Charles Dunn, dean of the Robertson School of Government.

"McDonnell's approachable personal demeanor. like that of Ronald Reagan. will enable him to reach out across the ideological and political divides in America, forging successful solutions to intractable problems," Dunn predicted. "Bob McDonnell's success bodes well not only for his future, but also for the future of Virginia on the nation's political stage."

Born in Philadelphia in 1954, McDonnell was raised in Northern Virginia where his mother, Emma, worked nearby at Mount Vernon. John McDonnell, his father, a retired Air Force officer, joined the military several months prior to the attack on Pearl Harbor. McDonnell attributes his father's service as part of the reason he pursued an Army ROTC scholarship at the University of Notre Dame. He continued serving on active duty and in the Reserves, retiring in 1997.

In 1985, McDonnell enrolled in Regent's Robertson School of Government to pursue a master's degree in public policy. When the School of Law opened the following year, he enrolled and earned a joint degree in law and government. As a Regent student, McDonnell was one of a group of third-year law students who helped write a brief that led the American Bar Association to provisionally accredit Regent's School of Law in 1989.

Besides his two decades as an active or reserve Army officer, McDonnell's professional experience also includes four years as a manager with the American Hospital Supply Corp., and two years prosecuting crime in the Virginia Beach Commonwealth's Attorney's office.

McDonnell and his wife, Maureen, have been married for 32 years. They have five children, ages 17 to 27.

His inauguration as Governor will take place Saturday, January 16, 2010, in Richmond, Va.

By Mindy L. Hughes, APR

Law Graduate Named to Hampton Roads’ “Top 40 Under 40”

2009-10-29T07:45:00.000-07:00

Regent University School of Law is proud that another of its graduates has been named to Inside Business’ “Top 40 Under 40.”

Each year since 1999, the journal highlights the Hampton Roads’ talent making significant contributions to their career fields and to the community.

This year Brett Thompson (’01) was recognized for his strong leadership and professional growth as an attorney and business owner. Thompson practices real estate and corporate law and made partner at Kellam, Pickrell, Cox & Tayloe, P.C. after only five years with the firm.

Strongly motivated by his wife, Tiffany, and two children, Thompson strives to maintain a healthy balance between his work and professional responsibilities.

“There is no higher level of achievement or greater satisfaction at the end of the day than to come home to a loving family,” he said. “I try to keep in mind that if I deprive my family then that will weaken my ability to be productive in all other aspects of my life.”

He serves the community through several charitable and civic organizations, including as President of the Norfolk Sunrise Rotary Club.

Thompson credits Regent with laying the foundation for his success. “I hope this award will help highlight Regent University as a top institution of higher learning that continually produces productive leaders,” he said.

Inside Business recognized another Regent Law graduate, Diane Toscano (’06), in 2008’s “Top 40 Under 40.”

Regent Law Faculty Recognized as a National Top Ten

2009-10-28T08:00:00.000-07:00

According to TaxProf blogger Paul L. Caron, Regent’s law professors rank among the top ten most interesting and most accessible law faculties in the nation.

TaxProf blog culled data directly from the Princeton Review’s 2010 edition of “The Best 172 Law Schools” to generate its rankings.

Caron’s blog is one of the most visited law blogs edited by a single law professor, and the American Bar Association has honored it as one of its “Top 100 Blawgs.”

Get to know Regent’s nationally recognized professors here, and visit our Regent Law Faculty blog here.

School of Law Exceeds Virginia Bar Exam Statewide Average

2009-10-26T13:19:00.000-07:00

First-time test takers from Regent University School of Law's class of 2009 passed the February and July Virginia Bar Exams at an overall rate of 77.8 percent, exceeding the statewide average of 76.4 percent for all first time takers.

"I am encouraged with these results and believe we will continue to see improvement in our pass rate as we implement some of our new bar preparation initiatives in the coming months and years," Regent Law Dean Jeffrey A. Brauch said. "I praise God for his blessing on our graduates and the school."

Click here to receive a free Regent Law admission view book, and here to receive news updates from the school delivered straight to your inbox.

Student Externs with NATO to Combat Piracy off the Coast of Somalia

2009-10-26T10:11:00.000-07:00

Second year law student Sarah Hajovsky wants to use her J.D. in the field of international human rights. She doesn’t have to go overseas, however, to gain the necessary legal experience. Instead, she only has to travel ten miles from the Regent University campus to gain exposure to some of the most important international humanitarian work being done today.

Since September, Hajovsky has been externing 12-15 hours a week with the Civil Military Fusion Centre (CFC) at the North Atlantic Treaty Organization (NATO) Supreme Allied Command Headquarters in Norfolk, Virginia. Her projects support CFC’s goal of “creating an environment where information can flow freely between civilian and military actors engaged in complex crises, with the intent to ultimately help those in need.”

“I thoroughly enjoy participating in projects that have international significance,” said Hajovsky. “And CFC is designed to facilitate communication between non-government organizations and the military when handling sensitive humanitarian disasters around the globe.”

Hajovsky reports to the Knowledge Manager for North East Africa who is responsible for overseeing the humanitarian crisis in this region. In response to current events, Hajovsky has been compiling information for, and maintaining an informational website on, piracy off the coast of Somalia. In addition to writing a legal brief detailing the jurisdictional issues surrounding the prosecution of piracy, she also works for a member of the NATO general counsel.

Through her NATO externship, Hajovsky has gained a better understanding of maritime law and universal jurisdiction, along with the applicable United Nation Security Council Provisions, International Maritime Organization regulations, and the Suppression of Unlawful Acts directives.

Read about other Regent Law externs here.

Lawyers Learning from Clients: Regent’s Civil Litigation Clinic Teaches Life Lessons

2009-10-19T11:27:00.000-07:00

Third year law student Melissa Hudgins recognizes that her hands-on work with Regent’s Civil Litigation clinic will improve her career prospects. For her, however, Regent’s Clinic is about much more than personal gain.

“The beauty of the Clinic is not only the practical experience it offers students,” she said, “but that it allows clients to have a hand in changing students’ perceptions about those who depend on government aid to survive.”

This semester, Hudgins has been working on behalf of a single mother of three whose food stamp and Temporary Assistance for Needy Families (TANF) benefits had been terminated. The client received this sanction because she was alleged to have intentionally violated the program’s requirements.

In order to properly defend her client’s cause, Hudgins took the time to get to know her. She discovered that in addition to a lack of education, her client experienced difficulty finding adequate child care and transportation, all of which prevented her from supporting her family. She learned that her client also suffered from chronic medical problems that exacerbated the difficulties she faced when applying for public assistance.

“It was apparent from the beginning of this case that my client was not someone looking for a handout from the government,” said Hudgins. “She was an intelligent and devoted mother who endured a daily battle with fulfilling strict program requirements and struggling to house and feed three children.”

From the day the Legal Aid Society of Eastern Virginia referred the client to Regent’s Clinic, Hudgins had two weeks to prepare for the hearing at the Department of Social Services.

She had to unravel a trail of paperwork that had been shuffled from caseworker to caseworker and gain familiarity with the agency’s stringent procedures, but she did so diligently. She researched Virginia’s working requirements for TANF and food stamp recipients and built her case.

In spite of all the administrative knowledge she gained and the skills she developed, for Hudgins the invaluable part of her work was learning to see the process from her client’s perspective.

“My client had to report to a number of case workers who did not accurately inform her of how she could prevent the sanctioning process or have her benefits reinstated,” said Hudgins. “Her documents were mishandled and she was treated as just another case number. Without an advocate the process would be overwhelmingly frustrating, intimidating and stifling for anyone in my client’s shoes.”

The result of the hearing is due in just over two weeks. As Hudgins waits, she is very much aware of the difference between what a positive result will mean for her and what it will mean for her client.

“While it is exciting to wait and anticipate whether I was victorious in my first case, my client, on the other hand, has to sit and wonder whether she will regain sufficient resources to feed and house her children.”

For Hudgins, such realizations are the great reward of participating in the Clinic.

2009 Law Symposium Weekend Discusses Intersection of Media and the Law

2009-10-15T06:48:00.000-07:00

Just when does government regulation of the media go too far? Or, does it ever not go far enough? Even if a particular regulatory act is constitutional, is it prudent?

The 2009 Law Review Symposium attempted to answer these questions October 9 – 10, 2009.

Regent Law Review Editor in Chief, Benjamin Eastburn, commented on the forum topic’s timeliness. “We chose ‘Media and the Law’ because of its seemingly universal presence in political discussions and news stories over the past year,” he said. “People have heard a lot about the Fairness Doctrine, television and internet regulation, et cetera. Discussing these topics was a necessary step towards informing the legal community on the difficult questions our symposium posed.”

The weekend started on Friday with a kick-off banquet featuring special guest Judge Andrew P. Napolitano. He entertained and challenged guests with a lively look at the foundations of 1st amendment freedoms.

Judge Napolitano, former New Jersey Superior Court Judge, serves as FOX News’ senior judicial analyst. He joined the network in 1998, has hosted television and talk radio shows, and is currently the host of FOX’s Freedom Watch.

The discussion continued with the Distinguished Symposium Panel on Media and the Law on Saturday morning. Congressman Trent Franks (AZ-2), a high-profile sponsor of numerous bills designed to protect the family, including the "Child Obscenity and Pornography Bill,” moderated the panel of speakers.

Asst. Prof Marvin Ammori of the University of Nebraska College of Law and General Counsel of Free Press; Asst. Prof. Adam Candeub of Michigan State University College of Law; Prof. Christine A. Corcos of the Louisiana State University Law Center; Prof. Patrick M. Gary of the University of South Dakota School of Law; and Prof. Lili Levi of the University of Miami School of Law engaged in an interesting dialogue about government regulation of mass media and the internet.

While guests represented the entire gamut of viewpoints on media and law issues, they often demonstrated consensus on questions such as whether Congress should protect children from indecent material on the television and internet. The debate, however, sparked around the scope of that and other regulations.

So, does government go too far in regulating media? Or not far enough? Watch for the symposium edition of the Regent Law Review in Spring 2010 to read the distinguished panelists’ responses. Visit the Regent Law Review site to pre-order your subscription today.

Students Extern at Largest Health Care Provider in Southeastern Virginia

2009-10-14T07:17:00.000-07:00

Sentara Healthcare was founded in Norfolk, VA in 1888 and now is the largest integrated health care provider in southeastern Virginia and North Carolina, serving more than 2 million residents.

Still headquartered in Norfolk, Sentara often recruits Regent Law students for internships, externships, and possible job opportunities within the corporation.

Two students, Michael Deering (2L) and Erica Pero (3L), are currently enjoying the rigors of an externship with Sentara’s legal department. Both students praise the experience for adding to their studies a depth of skills not gained in the classroom.

“I was treated as a young attorney and was expected to produce results equivalent to the work of a young attorney,” said Deering of his externship experience. “The practice of law is not law school. The drudgery of reading for class and writing memos morphs into an excitement about producing the best work product possible.”

Pero agrees. “The legal department at Sentara Healthcare is a close knit group of fantastic attorneys,” she said. “I was treated as an equal from day one; I was given complex tasks that stretched my abilities and forced me to step outside my comfort zone.”

The students report to the entire legal department at Sentara’s corporate headquarters, but have also been privileged to work with corporate vice presidents and medical executives.

Pero deals with most of Sentara’s corporate matters: mergers, acquisitions, creation of corporate entities, contracts with employees, and tax issues. One of her major projects was to file a Hart-Scott-Rodino pre-merger notification report with the Federal Trade Commission in preparation for a major acquisition in northern Virginia.

Deering has also been involved in many different projects including corporate by-laws, trademark issues, home health and palliative care, and negotiations.

Their summer hours kept them busy full time, and this fall they’ll each work 180 hours to complete the externship credit. To Deering, it’s all time well spent.

“The work you produce with your hands and mind, the time you spend analyzing, researching, and communicating, all ultimately affect an individual either within the corporation or on the outside,” he said. “To me, there is no greater satisfaction than to know that my efforts, perseverance and diligence have helped someone in some way.”

Law Professor Partners with Johns Hopkins in Giving Seminar for Iranian Human Rights Attorneys

2009-10-08T13:27:00.000-07:00

Regent University School of Law Professor Kathleen McKee recently presented a specialized seminar on Clinical Legal Education at the English for Human Rights Attorneys Conference in Galway, Ireland, August 7 – 21.

The conference and seminar, attended primarily by human rights attorneys from Iran, was held under the auspices of Johns Hopkins University’s Protection Project .

“I was pleased to see that seminar attendees understood the importance of clinical education as providing access to justice for people who are not able to retain an attorney,” McKee said. “They seemed very committed to this issue.”

In preparation for the seminar, McKee analyzed Iran’s constitution and civil code, and also conducted background research in family law, labor law, and other areas likely to be engaged within the scope of clinical education.

McKee looks forward to future work in social justice and human rights issues with foundations like the Protection Project. “I’m hopeful that there will be opportunities to conduct similar seminars,” she said. “South Africa, for example, is a place where we know that social justice is a major concern. Right now human rights issues are prevalent all across the globe.”

Learn more about Prof. McKee’s scholarship here , and about Regent Law’s international programs here .

Trial Advocacy Board Takes Home 1st Place from National Pretrial Competition

2009-10-05T08:00:00.001-07:00

Regent University School of Law’s Trial Advocacy Board is busy making a name for itself. After being awarded “Best Brief” last year at the invitation-only National Pretrial Competition hosted by Stetson University, the team was ready for more.

And this year, they got exactly what they aimed for. The team of Lu Aloupas, Jerry Harris, Kate Hart, and David Johnson were named Overall 1st Place Team and National Pretrial Champions at the competition held October 3-4, in Gulfport, Florida.

In addition to this honorable achievement, the team was recognized for Overall Best Brief once again, teammate Hart was given Best Oral Advocate in the Semi-Final Round, and teammate Harris was given Best Oral Advocate in the Final Round.

The team did not lose a round during the entire competition, even when slated against Chicago-Kent, a traditional top-ten Trial Advocacy powerhouse.

To compete, the team submitted written briefs on a pretrial motion and presented oral arguments and evidence on the motions. Three-hour rounds are designed to simulate motions practice, which is what most junior attorneys spend a significant amount of time doing after law school. Team Coach and Professor David Velloney said, “It's a great concept and Stetson deserves credit for developing and hosting such a relevant competition.”

Velloney also remarked on what made the success possible. “Special thanks are due to our Legal Research and Writing [faculty] whose dedication to our students once again paid big dividends in our students' ability to rise above the competition from other schools,”
he said. “Also, Professor James Duane's work with the team and dedication to the trial advocacy program significantly improved our student's arguments and ability to handle witnesses.”

The Trial Advocacy board is already busy preparing for its next competition, the ABA Section of Labor and Employment Law’s Sixth Annual Competition in early November.

Click here for further information published by Stetson College of Law regarding Regent’s victory and the National Pretrial Competition.

Announcing the 2009 Law Review Symposium: The Intersection of Media and the Law

2009-09-30T12:15:00.000-07:00

Just when does government regulation of the media go too far? Or, does it ever not go far enough? Even if a particular regulatory act is constitutional, is it prudent?

The 2009 Law Review Symposium is set to answer these questions October 9 – 10, 2009 on the Regent University campus in Virginia Beach, VA. Law Review Editor in Chief, Benjamin Eastburn, commented on the forum topic’s timeliness:

“We chose ‘Media and the Law’ because of its seemingly universal presence in political discussions and news stories over the past year,” he said. “People have heard a lot about the Fairness Doctrine, television and internet regulation, et cetera. Discussion on these topics is necessary to inform the legal community on the difficult questions our symposium poses.”

The weekend begins on Friday at 6:30 p.m. with a kick-off banquet featuring special guest Judge Andrew P. Napolitano.

Judge Napolitano, former New Jersey Superior Court Judge, serves as FOX News’ senior judicial analyst. He joined the network in 1998, has hosted television and talk radio shows, and is currently the host of FOX’s Freedom Watch.

The discussion continues Saturday morning with the Distinguished Symposium Panel on Media and the Law at 9:30 a.m. Congressman Trent Franks (AZ-2), a high-profile sponsor of numerous bills designed to protect the family, including the "Child Obscenity and Pornography Bill,” will moderate the panel which includes the following media and law experts:

Asst. Prof Marvin Ammori of the University of Nebraska College of Law and General Counsel of Free Press. Ammori is a legal scholar and advocate expert in cyberlaw, the First Amendment, and telecommunications policy. Read about his accomplishments in these fields here.
Prof. Christine A. Corcos of the Louisiana State University Law Center. Corcos currently teaches in the areas of media law, entertainment law, computers and the law, and tort law, and also researches and writes in the areas of First Amendment law, legal history, and law and popular culture. Read about her vast experience here.

Asst. Prof. Adam Candeub of Michigan State University College of Law. Candeub’s scholarly interests focus on the intersection of regulation, economics, and communications law and policy. Prior to his position at MSU, he was an attorney-advisor for the Federal Communications Commission in the Media Bureau. Read about his expertise here.

Prof. Lili Levi of the University of Miami School of Law. Levi’s scholarship focuses primarily on communications and media law. Before joining the faculty at Miami School of Law, she was Broadcast Counsel with CBS, Inc. Read more about her contributions to the legal field here.

“Although we have a general outline for the panel discussion, it is very flexible and can be readjusted midstream to accommodate the areas the panel wishes to explore,” Eastburn said. “Our guests represent the entire gamut of viewpoints on media and law issues, and the panel promises to be a great forum for ideas.”

There’s still time to register for this important event sponsored by the Regent University Law Review and the Federalist Society.

Visit www.regent.edu/symposium for more information or email symposium@regent.edu with questions.

Law Student Tours Guantanamo Bay During JAG Internship

2009-09-29T12:47:00.000-07:00

This past summer, Regent 2L Terah Gaertner was privileged to attend three-days of training at Guantanamo Bay, Cuba as part of her U.S. Army Judge Advocate General’s Corps (JAG) internship.

She spent most of her summer internship at Fort Monroe in Hampton, Virginia where she drafted memos, researched law, and observed court proceedings at Langley Air Force Base and the Federal Magistrate Court. “I was immersed in issues ranging from DUI cases, to ethics issues, to the law of war and what the military must do legally in order to apprehend a perceived hostile,” said Gaertner.

The highlight of her internship, however, was an invitation from the Office of the Judge Advocate General in Washington, D.C., to travel with a select group of students to Guantanamo Bay.

Selected JAG interns from D.C., Maryland, and Virginia took three days to tour the facilities and learn about the base’s military operations. They spoke with doctors, lawyers, translators, guards, and high-ranking military officials. They also teleconferenced with Justice Crawford, who was appointed by Secretary of Defense Robert Gates as the convening authority for the Guantanamo military commissions.

“I learned more in those three days than I can articulate in this short article,” said Gaertner. Her days were packed with informative lectures and activities designed to both encourage students to think seriously about JAG upon graduation and to inform their perspective on “Gitmo.”

“The detention facilities at Gitmo have received a lot of negative press recently,” she said. “In the past few years the military has made changes in order to give detainees a better quality of life and is working hard to balance national security with respect for human dignity.”

Through conversations with detainees’ doctors (who also give care to the men and women who are stationed at the base), Gaertner gained insight into the complicated task facing those who care for detainees under the eye of a watchful media.

While gaining this firsthand experience on internationally debated issues, Gaertner familiarized herself with the history and purpose of the base. The primary mission of Guantanamo Bay, she learned, is to serve as a strategic logistics base for the Navy’s Atlantic Fleet and to support counter drug operations in the Caribbean.

According to Gaertner, however, the most important lesson she learned at Guantanamo was that there are two sides to every story.

“One must be careful when judging leaders, as they usually face pressures and process information we as the general public are not privy to,” Gaertner said. “I have taken my responsibility to pray for leaders to be men and women of integrity and solid moral character more seriously since my time at the base.”

Gaertner plans to write a student note for the Regent Journal of Law and Public Policy based on the familiarity she gained with issues that face this strategic and hotly contested detention base.

Practical Prosecution: Trial Ad Board Hosts Seminar with Commonwealth’s Attorneys

2009-09-24T06:50:00.000-07:00

Thursday, September 17, 2009, Regent’s Trial Advocacy Board hosted its first Trial Practice Seminar of the year. Aiming to orient students to all aspects of prosecuting cases, the seminar explored both the theoretical and practical decision-making strategies of prosecutors.

Three Commonwealth Attorneys were the guests of honor: Chesapeake’s Nancy Parr, Newport News’ Howard Gwynn, and Virginia Beach’s Harvey Bryant. The notable figures spoke to students on a wide array of criminal justice topics.

“Regent students were fortunate to have the expertise of three elected Commonwealth Attorneys,” said Andrew Page, Chairman of the Trial Advocacy Board. “These are the attorneys who present the biggest and most controversial cases. They also have the responsibility of representing the large number of citizens who voted them in.”

The night was a great success, giving students answers to important practice questions such as: What standard do prosecutors use when deciding to bring a case? When should a prosecutor decide to offer a plea agreement? What is it like, morally and professionally, to ask a jury to give a defendant the death penalty? And what is the relationship between prosecutors and the defense bar?

Page said that the Board seeks to reach out to the Hampton Roads legal community so that Regent students may benefit from practical development and be prepared to enter Hampton Roads courtrooms.

Many students benefit from the relationship this type of event provides. The attorneys at the seminar complimented Regent students and graduates for their work in the Commonwealth's Attorneys offices, both as interns and as Assistant District Attorneys. They admonished Regent to continue sending students to their offices as Regent stresses moral and ethical legal practice.

More information about Regent’s Trial Advocacy Board can be found on its webpage.

Law Professors in the News

2009-09-22T12:12:00.000-07:00

Law Professor Brad Jacob took part in a panel discussion interview for Enrichment Journal, a print publication for Assemblies of God ministers, on legal issues facing the church.

Law Professor Lynne Marie Kohm continued her ongoing discussion of the case of Rifqa Barry with CBN News last Tuesday. Barry, an Ohio teenager, fled to Florida because she feared reprisals from her family for converting from Islam to Christianity.

Speak at Your Own Risk!

2009-09-16T13:11:00.000-07:00

Each year the University Library, in partnership with the Law Library and the Office of Student Services, presents an informative panel designed to give students a deeper appreciation for the Constitution and its impact on current events.

The 5th Annual Constitution Day on September 17th addressed the issues of freedom of expression and new developments in first amendment interpretation.

The following distinguished guests spoke from their expertise on the topics, including discussions on the first amendment and the press, journalism, the internet, and legal obligations:

Admiral Vern Clark (Retired Chief of U.S. Naval Operations)
Dr. Bruce Swaffield (School of Communications and the Arts)
Professor James Duane (School of Law)
Wendy Griffith (co-anchor of CBN News)
Professor Lynne Marie Kohm (School of Law)

“My goal is to help develop an exciting, informational and inspirational event for the campus community that will help the library stay at the core of academic life on campus,” said Sara Baron, Dean of the University Library. Past Constitution Days themes have included “Can the Constitution Survive the Threat of Terrorism?” and “The Wisdom of Keeping Quiet on Important Issues During Confirmation Hearings.”

For an insider’s perspective, visit Professor Kohm’s blog of the event .

Founder of Public Interest Legal Advocates of Regent Speaks to Group

2009-09-15T13:32:00.000-07:00

“Corporate Law. Business Transactions,” laughed Lisa Rothwell-Copeland, “These aren’t bad words!”

A group of students interested in public interest law gathered last Friday to hear from Rothwell-Copeland, a successful public interest advocate who founded Public Interest Legal Advocates of Regent (PILAR) as a 1L in 2001.

Today, PILAR has grown to a membership that includes over one third of the student body. Rothwell-Copeland returned to encourage all students that in the depressed economy there is a huge need for public interest lawyers. She also reminded those gathered that the desire to be a corporate attorney is not a bad thing. “No matter what your expertise or chosen field,” she said, “there are always pro-bono clients in need of your service.”

Like many Regent students, Rothwell-Copeland came to Regent to pursue a legal career that benefits under-represented populations. She now primarily deals with family law cases in rural Ohio.

Nationally, no more than 2.5 to 3 percent of law school graduates go into public interest work. Regent, however, annually places graduates in public interest positions at two to four times that rate.

Rothwell-Copeland’s is proud of how PILAR has established itself so quickly. The organization seeks to network students with community organizations, prepare students to fight inequality, and raise awareness of and funds for public service causes. In the last two years, its annual auction raised nearly $14,000 for students who were to take unpaid public service internships over the summer.

For more information about PILAR, visit www.regent.edu/pilar or contact pilar@regent.edu.

Regent Law Chapel Welcomes Joel Rosenberg

2009-09-11T06:27:00.000-07:00

Joel Rosenberg, best-selling author and communication strategist, spoke with Regent students on September 9th about the increasing threat radical Islam is to America and its allies.

Rosenberg has written numerous fiction titles centered in the Middle East and based in Christian end times beliefs. He has also advised influential leaders including Steve Forbes, Rush Limbaugh, former Israeli Deputy Prime Minister Natan Sharansky, and former Israeli Prime Minister Benjamin Netanyahu.

His newest nonfiction work, Inside the Revolution, illuminates three groups he sees battling for the Middle East: Radicals, Reformers, and Revivalists. An accompanying documentary film with the same title explores the global implications of radical Islam and the church’s response.

Rosenberg reminded students of their place in a pivotal point of history and encouraged them to think about what role the church should play at “such a time as this.”

Rosenberg will explore this issue in great detail during a live webcast September 11, 2009 from 7p.m. – 9p.m. EST. You can join by visiting www.insidetherevolution.org .

Professor Lynne Marie Kohm In The News

2009-09-04T11:58:00.000-07:00

On Thursday, Professor Lynne Marie Kohm commented on the case in Florida involving a teen girl who converted to Christianity from Islam and has run away from her Ohio family because she fears for her life.

Kohm appeared on CBN News again on Friday morning to discuss further developments in the Rifqa Bary case.

Regent Law Alumni Publish with Duke, Cardozo, UCLA and other Law Journals

2009-09-02T09:10:00.000-07:00

Regent University School of Law Alumni continue to publish with some of the nation’s leading journals.

Here’s just a snapshot of Regent Law alumni who have published scholarly articles and essays in recent years:

(Please Note: All links will open in a PDF file)

William Lee Andrews III (’97)
"No Bull’s Eye for “Targeted” International Tax Rules"
16 Virginia Tax Review 781 (1999).

Charles Mark Bennett (’06)
"Takings Under the Big Sky Post Kelo"
31 Montana Lawyer 5 (March 2006).

Karen Turnage Boyd (’05)
"The Tale of Two Systems: How Integrated Divorce Laws Can Remedy the Unintended Effects of Pure No Fault Divorce"
12 Cardozo Journal of Law & Gender 609 (2006).

Lisa A. Brion (’08)
"Constitutionally Coerced: Why Sentencing a Convicted Offender to a Faith Based Rehabilitation Program Does Not Violate the Establishment Clause"
7 Connecticut Public Interest Law Journal 263 (2008).

Debra M. Bryan (’04)
"It’s My Body and I’ll Die if I Want To"
8 Michigan State Journal Medicine & Law 45 (2004).

Brandon Chad Bungard (’99)
"Fee, Fie, Foe, Fum! I Smell the Efficiency of the English Rule Finding the Right Approach to Tort Reform"
31 Seton Hall Legislative Journal 1 (2006).

"Indecent Exposure: An Economic Approach to Removing the Boob from the Tube"
13 UCLA Entertainment Law Journal 187 (2006).

"John Salvia III’s Revenge From the Grave: How the Abatement Doctrine Undercuts the Ability of Abortion Providers to Stop Clinic Violence"
5 New York City Law Review 141 (2002) (Co-author).

"Offshore Banking in the British Dependencies"
9 Touro International Law Review 141 (2001).

Amy M. Clark (’01)
"How Putative Father Registries Foster the Best Interest of the Child Standard"
1 Appalachian Journal of Law 57 (2002).

Tara Dahl (’07)
"Surveys in America’s Classrooms: How Much Do Parents Really Know?"
37 Journal of Legal Education 143 (2008).

Michael K. Elliott (’03)
"Tales of Parenthood from the Crypt: The Predicament of the Posthumously Conceived Child"
39 Real Property Probate & Trust Journal 47 (2004).

Bruce W. Green (’89)
"Ends & Means: The Founding of Liberty University School of Law"
1 Liberty University Law Review 1 (2006).

Michelle Hansen (’97)
"Preventing the Emasculation of Warfare: Halting the Expansion of Human Rights"
Law in Armed Conflict 194 Military Law Review 1 (2007).

H. Wayne House (’86)
"A Tale of Two Kingdoms: Can There Be Peaceful Coexistence of Religion with the Secular State?"
13 Brigham Young University Journal of Public Law 203 (1999).

"The Parable of the Good Samaritan: Implications for the Euthanasia Debate"
11 Issues in Law & Medicine 159 (1995).

Joseph A. Kohm, Jr. (’96)
"Baseball’s Antitrust Exemption: Its Going, Going…Gone!"
20 Nova Law Review 1231 (1996).

Monte Kuligowski (’96)
"The Supreme Court’s Dilemma: Respecting Establishment Clause Jurisprudence"
38 Cumberland Law Review 245 (2007-2008).

"Gibson v. Commonwealth of Virginia: The Ends of Justice Deferred"
15 Virginia Journal of Social Policy 397 (2008).

"Does the Declaration of Independence Pass the Lemon Test"
2 Duke Journal of Constitutional Law & Public Policy 287 (2007).

"Rethinking DUI in Virginia (Annual Survey of Virginia Law)"
42 Richmond L. Rev. 1071 (2007).

"Romer v. Evans: Judicial Judgment or Emotive Utterance"
12 St. Johns Journal of Legal Commentary 323 (1996).

Leo Marvin Lestino (’08)
"Can Jiminy Cricket be Silenced: Congressional Spending Powers, Federalism & the Federal Recusal Clause"
12 Jones Law Review 29 (2007-2008).

Patricia A. Long (’01)
"The North Atlantic Treaty Organization: The Legal Status of an Allied Headquarters to Import & Resell Duty-Free Merchandise within the Conflicts of Law Hierarchy"
34 George Washington International Law Review 287 (2002).

"In the Name of God: Religious Terrorism in the Millennium: An Analysis of Holy Terror, Government Resources & Cooperative Efforts of a Nation to Restrain Its Global Impact"
24 Suffolk Transnational Law Journal 51 (2000).

Tyesha E. Lowery (’98)
"One “Get Out of Jail Free” Card: Should Probation Be an Authorized Courts Martial Punishment?"
198 Military Law Review 165 (2008).

Robert F. McDonnel (’89)
"First Principles of Virginia’s Fifth Century (Forward)"
41 University of Richmond Law Review 1 (2006).

Paul M. Miller (’94)
"The Establishment Clause: A Barrier to Morals Legislation"
1 Jones L. Review 37 (1997).

Bruce D. Page, Jr. (’02)
"When Reliance is Detrimental: Economic, Moral & Policy Arguments for Expectation Damages in Contracts Terminated for the Convenience of Government"
61 Air Force Law Review 1 (2008).

Jonathan Penn (’09)
"Life, Liberty, and the Pursuit of Death of the Inconvenient Other"
To be published in MARQ. ELDER’S ADVISOR, Spring 2010.

Kevin M. Powers (’04)
"The Sword & the Shield: RLUIPA & the New Battle for Religious Freedom"
22 Buffalo Public Interest Law Journal 145 (2003-2004).

Jessica R. Powers (’04)
"An Illegitimate Use of Legislative Power: Mississippi’s Inappropriate Child Surname Law in Paternity Proceedings"
8 UC Davis Journal of Juvenile Law & Policy 153 (2004).

F. Scott Risley (’90)
"The Receipt, Negotiation & Resolution of Environmental Enforcement Actions"
54 Air Force Law Review 89 (2004).

Jack McDaniel Sawyer (’98)
"The Constitutionality of “Rescue Fund Triggers” in North Carolina’s Judicial Campaign Reform Act"
2 First Amendment Law Review 267 (2004).

Ellen O. Smith (’89)
"The Supreme Court: New Hope for the Restoration of Federalism"
26 University of Richmond Law Review (1991-1992)
(Co-Author Beverly LaHaye).

Kevin M. Smith (’99)
"The United States Convention on the Rights of the Child: The Sacrifice of American Children on the Altar of Third World Activism"
38 Washburn Law Review 111 (1998).

"The Effect of Kansas Tort Reform on Tomorrow’s Asbestos Litigants: Robbing Peter to Pay Paul"
39 Washburn Law Review 63 (1999).

"Preventing Discovery of Internal Investigation Materials: Protecting Oneself from One’s Own Petard"
69 Journal Kansas Bar Association 28 (August 2000).

Jeremy Tedesco (’05)
"The Story Behind Vidal V. Girard’s Executors: Joseph Story, the Philadelphia Bible Riots & Religious Liberty"
32 Pepperdine Law Review 605 (2005) (Co-Author Jay Alan Sekulow).

Shawn E. Tuma (’99)
"Law in Texas Literature: Texas Justice—Judge Roy Bean Style"
21 Review of Litigation 551 (2002).

"Municipalities & the Internet: A Few Legal Issues"
27 Thurgood Marshall L. Review 49 (2001).

"It Ain’t Over ‘Til …A Post Y2-K Analysis of the Y-2K Litigation & Legislation"
31 Texas Tech Law Review 1195 (2000).

"Contracting over the Internet in Texas"
52 Baylor L. Rev 381 (2000).

Shawn A. Voyles (’98)
"Cargo Litigation: A Primer on Cargo Claims & Review of Recent Developments"
16 University of San Francisco Maritime Law Journal 1 (2003-2004) (Co-Author).

Robin T. Walter (’87)
"Pre-Mortem Planning for Post-Modern Charitable Deductions"
70 Michigan Bar Journal 1204 (1991).

Martha Westbrook (’04)
"Can You Disinherit the I.R.S.?"
49 Res Gestae 28 (2005).

Joseph Zavalletta, Jr. (’89)
"Using E-Dispute Technology to Facilitate the Reduction of E-Contract Disputes: A Modest Proposal"
7 Journal of Technology & Law 2 (2002).

"Coppa, Kids, Cookies & Chat Rooms: We’re from the Government and We’re Here to Protect Your Children"
17 Santa Clara Computer & High Technology Law Journal 249 (2001).

Erik M. Zimmerman (’05)
"Posting the Ten Commandments is a Law Respecting the Establishment of Religion: How McCreary County v. ACLU Illustrates the Need to Reexamine the Lemon Test & Its Purpose Prong"
23 Thomas M. Cooley Law Review 25 (2006) (Co-Author with Jay Alan Sekulow).

"Weeding Them Out by the Roots: The Unconstitutionality of Regulating Grassroots Advocacy"
19 Stanford Law & Policy Review 164 (2008) (Co-Author with Jay Alan Sekulow).

"Pleasant Grove City v. Summum: Unholding the Government’s Authority to Craft Its Own Message Through Privately Donated or Funded Monuments, Memorials & Artwork"
3 Charleston Law Review 175 (2009).

Regent Law Makes an Impact on First Community Service Day

2009-08-28T12:08:00.000-07:00

On Friday, August 21, 110 Regent University School of Law students, faculty and alumni joined forces to serve the Hampton Roads area through community service projects. Participants volunteered at six different sites—Union Mission, Habitat for Humanity (Norfolk and Virginia Beach), Norfolk Law Library, Chesapeake Bay Foundation and the Foodbank of Southeastern Virginia—completing approximately 550 hours of community service in just one day.

"The overall response to Regent Law's Community Service event was astounding," said Val Johnson, a Regent Law student career services staff member. "It's exciting to know that so many students and alumni are dedicated to meeting the needs of others."

The purpose of the day was to increase outreach in the local community, as well as to bridge the gap between students and alumni and to become advocates of Regent's mission, which involves actively working towards change and impact on the world.

Volunteers at the various locations were able to distribute and sort through more than 4000 lbs. of donated food, re-structure book shelves at the library, conduct grounds maintenance, work on light construction projects, help boost the Chesapeake Bay's oyster population through packaging oyster shells, and clean and organize the Habitat for Humanity stores in Virginia Beach and Norfolk.

One of workers said that it would have taken him weeks to clear the Habitat for Humanity-Norfolk area, while the volunteers were able to do so within a matter of hours. They moved mattresses, doors, desks and windows as part of the process.

"I hope this event prompted students and alumni to engage in a lifestyle of service," Johnson said. "It only takes a few hours to make a tremendous difference in the lives of others."

Professor to Give Keynote Address at Criminal Law Advocacy Course

2009-08-27T05:09:00.000-07:00

Law Professor David Velloney will be the keynote speaker at the 32nd Criminal Law Advocacy Course at the Judge Advocate General's Legal Center and School in Charlottesville, Virginia, on September 25, 2009.

The Criminal Law Advocacy Course provides advanced individualized training to lawyers from all branches of the military. Throughout the course criminal prosecutors and defense attorneys participate in rigorous small-group practical exercises on essential litigation skills from opening statement through closing argument.

Professor Velloney’s keynote address, entitled “The Top 10 Ways Case Preparation Improves Your Advocacy,” will culminate the two-week course and provide junior attorneys with insights from an experienced litigator, law professor, and former Army JAG.

Student Publishes Proposed Changes to Foreign Business Law

2009-08-25T11:21:00.000-07:00

Rising 3L Christina Hulett is contributing to the corporate ethics conversation.

In her article “Corporations Are People Too: What Role Should Corporations Have in Fighting Bribery?”, Hulett explains the negative impact that corporate bribery has, especially on impoverished countries.

“The article acknowledges that some corporations are trying to operate within an ethical framework, but they are losing business because not all corporations are held to the same standard—especially those outside the United States,” said Hulett.

Her article first proposes an amendment to the Foreign Corrupt Practices Act, a federal law that addresses the bribery of foreign officials. This amendment would provide a remedy for corporations that operate ethically but lose business to those that practice unethically. Second, it proposes a cause of action for corporations to bring charges against unethical businesses on behalf of the United States.

Ave Maria Journal of International Law will publish Hulett’s article in its spring 2010 issue.

Professor Discusses Current News Items on CBN News

2009-08-24T11:20:00.000-07:00

Lynne Marie Kohm, John Brown McCarty Professor of Family Law, appeared on CBN News August 19th to discuss issues that lie beneath the surface of proposed health care reform legislation. She addressed concerns surrounding a section of the proposed bill that would enable government officials to come into people’s homes for parenting skills training.

On August 20th, Kohm also commented for CBN News on the highly publicized case of Rifqa Bary, a teenage girl who converted from Islam to Christianity and fled from her Ohio home to a pastor’s home in Florida. A Florida court is deciding whether Bary can be emancipated or if she must return to her family in Ohio.