Académique Documents
Professionnel Documents
Culture Documents
A Sesquicentennial History
TABLE OF CONTENTS
DEDICATION .........................
I.
INTRODUCTION
A.
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773
805
817
830
DEDICATION
Our "Citadel of Truth," William Brantley Aycock
MARTIN
a lifting power while you are in this Law School and on this
campus, and that you will carry them with you as tangible
assets when you go out to live and make a living in the
practice of law.1
Coates also reflected on his own experience at the School of Law,
then told a tale drawn from a letter. He said:
For three years, the Law School had worked to make
me independent of her and not dependent on her, and in the
process drawn me closer to my meaning with a letter from
a recent graduate, written a few years ago to members of the
Law School faculty who had taught him, on the occasion of
the death of one of them:
I am not sure why I got in the car and drove
eighty miles to attend Mr. Wettach's funeral; but I
believe that if I can put it right it is this: all of you
did something really important for me. You jointly
and singly equipped me to perform my life's work.
You have made it possible for me not only to make
a good living, but to make that living serving the
law with love, and that's right important to me.
1. ALBERT
COATES,
GREETINGS
TO FIRST YEAR
LAW STUDENTS
AT THE
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2. Id.
3. See generally J. Dickson Phillips, Jr., Bill Aycock in Law School, 64 N.C. L. Rev.
207 (1986); Henry P. Brandis, Jr., William Brantley Aycoclk There Are So Many of Him,
64 N.C. L. Rev. 211 (1986).
Judge James Dickson Phillips, in a retirement tribute,
retold a story about Bill Aycock, stemming from their times together in law school. He
said:
One winter day we woke to find that we'd had one of our rare hip-deep
snowfalls overnight. I looked out the window of my house on the Pittsboro
Road on the south edge of town and went back to bed. In a little while my
wife looked out and came back to tell me that she'd just seen Aycock
walking up the middle of the road from his house three miles out, up to his
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Bill Aycock is nothing less than our citadel of truth-a living symbol
of that same university citadel that he nurtured as faculty member and
chancellor, and to which he has given his whole life. He embodies
everything that has made the School of Law great: a passion for truth
blended with uncompromising devotion to his fellow human beings.
I. INTRODUCTION
Observations and Overview
JUDITH WELCH WEGNER
nings and the milestones along the way; it is a time to reflect on the
traits and tendencies that have touched both leaders and learners
within this institution; it is a time to rededicate ourselves to the best
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In 1945, for me it was out of the Army and into the UNC School
of Law classroom. It has been my good fortune to remain here ever
since. Thus, the fifty-year period covered by this Volume coincides
precisely with the period in which I have been a member of the law
school family. My profound thanks go to Dean Judith Wegner, who
conceived of the idea of a history for the sesquicentennial year, and
to all those persons who under her leadership have brought the
project to fruition.
During my student days, the faculty consisted of nine professors:
Coates, Wettach, McCall, Breckenridge, Van Hecke, Hanft, Dalzell,
Brandis, and Baer. All nine stayed the course until retirement and
the circle remained unbroken until the death of Professor Van Hecke
in 1963 at the age of seventy-one. The last survivor of this magnificent group, Professor Baer, died in 1993 at the age of ninety-two.
Currently, the full-time faculty consists of thirty-nine persons. Of
these, twelve are women and three are African-Americans.
In 1945, the student body consisted of forty-two white students,
including two women. In the fall of 1994, the student body numbered
708, of which 308 were women and 120 were minority students. Of
the minority students, eighty-one were African-American, seventeen
were Asian-American, sixteen" were Hispanic, and six were NativeAmerican.
In 1945, support personnel for the faculty and students, including
the law library, consisted of three persons. It has now grown to fifty.
In 1945, the law library held 51,000 volumes. Currently, the
number of books and microforms number 392,751.
The Law Alumni Association was organized in 1952. Alumni
contributions the first year amounted to $1,025. In 1994, nearing the
end of the sesquicentennial campaign, over twelve million dollars have
been raised.
The curriculum has been enriched to meet the new demands; new
clinical programs have been added.
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Prophets in Reverse
MARTIN
H. BRINKLEY
3. Id at 843.
4. See id at 847-51.
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(1968)
t Reprinted from Albert Coates, The Story of the Law School at the University of
North Carolina,47 N.C. L. REv., Oct. 1968 Special Issue, ch. V.
[Vol. 73
General's office, and with the National Textile Labor Relations Board
and the National War Labor Board, gave him a practical awareness
of the problems of the legal profession.
Coming events were already foreshadowed when Dean Wettach
came into the deanship in June, 1941. During depression years, the
student body had fluctuated from 95 to 131, with an average
attendance of 110 from 1931 to 1941. During the school year 1941-42,
many students volunteered or were called for active military service
and enrollment dropped to 21 in 1942 and to 13 in 1943. As for the
faculty, Professor Brandis enlisted in the Navy in 1942, completing his
service with the rank of Lieutenant-Commander. Professor Hanft
enlisted in the Army in 1943, was assigned to military government,
and completed his service with the rank of Lieutenant-Colonel.
Professor Van Hecke became Chairman of the Fourth Regional War
Labor Board in 1942; and Professor Dalzell served as Assistant to the
Solicitor of the United States Department of the Interior in 1943.
Professor Coates was given part-time leave to act as Director of
Training for the Office of Civilian Defense in North Carolina. Dean
Wettach was left with three associates to keep the Law School in
operation, to maintain a standard three-year curriculum, to handle the
administrative duties of his office, to serve as faculty editor of the
Law Review, and to make plans for post-war expansion.
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(1968)
Henry Brandis came to this Law School Faculty by way of
Salisbury, North Carolina, where he was born; the Salisbury Public
Schools; the University of North Carolina and its Law School;
Columbia University Law School; law practice in New York City; the
Institute of Government; and the Division of Tax Research in the
State Department of Revenue. He became Assistant Professor of
Law in 1940, Associate Professor in 1941, and Professor in 1947. He
started his career as Dean of this Law School on July 1, 1949, and
stopped it fifteen years later-on June 30, 1964. This writing touches
the joints in the backbone of his record in the years between.
Dean Brandis' first report discussed the elemental factors in the
building of the Law School itself: the students, the faculty, the curriculum, the library, the law review, the alumni, and the law building.
It went on to discuss the Law School in its setting: in the life of the
University, the State, the United States, and in the processes of legal
education in this country. It plugged the Law School into the sockets
of these surrounding relationships and described a going concern.
Later reports with the same framework followed a similar pattern.
The points of emphasis represent his sense of values and continues
through all the reports. The difference is not in the. values; it is in the
voltage, growing to the last report. It gives one the feel of a man who
knew his business from the start and went about it without lost time
or motion.
t Reprinted from Albert Coates, The Story of the Law School at the University of
North Carolina,47 N.C. L. REv., Oct. 1968 Special Issue, ch. VI.
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In his report for the year 1957-58, Dean Brandis said: "For the
past several decades our faculty has been the most remarkably stable
law faculty in the United States. At present, excluding the Dean and
Law Librarian, we have eleven full-time teachers."
This number was made up of Mr. Wettach, who had been
brought to the faculty by Dean McGehee in 1921 and had served for
thirty-seven years; Mr. Van Hecke, brought first by Dean McGehee
and later by Dean McCormick, for thirty-two years; Mr. Coates,
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the contents of the Law Review from 600 to 1000 pages. The survey
of case law and statute law was continued and expanded, bringing to
lawyers of the state biennial reviews of the more important laws of
the General Assembly and the annual review of Supreme Court
decisions. And there was added the periodical analysis of problems
basic to the state and the legal profession such as the 1963 Symposium
on Civil Rights. All of these new and expanded activities furthered
the stated desire of the Dean "to present materials, trustworthy as to
research and scholarship, of interest and value to the bar of the state."
During these fifteen years the summer school sessions brought
fifty or more of the great legal scholars and law school teachers of the
country to law school classrooms at the rate of four each summer-adding to the stimulus, variety, and content of legal education
in this Law School and strengthening the reputation of the School
throughout the country.
During these fifteen years the Law School Alumni were brought
into organized and active participation in the affairs of the Law
School.' The process started in 1949 with the annual reception for the
Law School Alumni in the Law School Library after the homecoming
football game. It grew in 1951 with the annual dinner of former
editors of the Law Review. It grew further in 1952 with the organization of the Law School Alumni and the expansion of the annual
assembly of Law Review Alumni to include all Alumni of the Law
School.
In his 1952 report, Dean Brandis wrote: "The writer believes
that November 8, 1952 is potentially one of the most significant dates
in the 107 years of Law School history"-referring to the organization
of the Law School Alumni Association-"for the purpose of
contributing to the sound future of the Law School by assisting the
Law Review, increasing aid in student placement, resolving problems
of curriculum and teaching methods, encouraging prospective teachers
to attend the Law School, and enabling students to carry on activities
that cannot be financed by state funds." This Association grew from
200 active members contributing $1,025 for Law School uses in 1953
to 1,109 members contributing $7,488 in 1963. Out of it grew the Law
Foundation, starting with a few Alumni contributing $572 in 1959 and
growing to 281 Alumni contributing $5,016 in 1963, with $52,250
contributed by that time. The Graham Kenan Fund was established
in 1962 with a contribution of $160,000 from Frank Kenan and.the
Sarah Graham Kenan Foundation. A legacy of $10,000 from the
estate of Thomas Ruffin has been added to the Law Foundation's
capital fund.
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Brandis have become the living illustration of the Law School at its
growing best in all of these relationships.
He has been teacher and scholar and has written his share and
more of articles appearing in the North CarolinaLaw Review. He has
been an administrator with his door open to all the students all the
time with a regularity that has become a legend.
He has served as adviser to the Chancellor and :President of the
University on crucial questions of law and policy, as chairman of the
Faculty Committee on the relation of the Consolidated University to
the Board of Higher Education, chairman of the Faculty Committee
on Tenure and Academic Freedom, chairman of the Faculty Committee on the Visiting Speaker Ban Law, chairman of the Faculty Committee on Educational TV Programming, member of the Faculty
Committee on Instruction, and member of the Administrative Board
of the School of Social Work.
He has served as a worker in the civic affairs of Chapel Hill, including the School Board, the Community chest, the Mayor's
Committee on Human Relations, and in his church-where he sat in
the congregation, served on committees, occupied the pulpit, and
appeared before the district board in defense of a local minister
involved in questions of orthodoxy.
He has served as a participant in the activities of the North
Carolina Bar Association, including work as chairman or as member
of committees on Civil Procedure, Taxation, Expediting and Improving the Administration of Justice in the Courts, Continuing Legal
Education, and as organizer and lecturer in Bar Association Institutes
for practicing lawyers.
He has served as a member of state commissions authorized by
the North Carolina General Assembly, including the Commission on
Revising the Constitution and the Commission on the Administration
of Justice in the Courts.
He has served as chairman or member of committees in the
Association of American Law Schools, including: Lawyers in the
Federal Service, Law Building Plans, Council on Remedies, Admission Tests and Procedures, Panel of Law School Advisers, Revision
of Law Library Standards, special adviser to the Committee on
Segregation, adviser to the Special Committee on Discrimination in
Law Schools, Academic Freedom and Tenure, Nominating Committee, Law Building Planning, Executive Committee.
He has served as a participant in national affairs as vice chairman
of the National Executive Council of United World Federalists, as a
member of the Advisory Board on Contract Appeals of the Atomic
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A Precise Conscience
If his mind is a precision instrument, it is wedded to a conscience
working with no less precision. He has his own high code of conduct
and comes as close to living up to it year in and year out as any man
I know. He comes as close to judging fairly, and bluntly, as any man
I know. He comes as close to meeting his responsibilities with
courage, candor, and conscience, as any man I know. Let me
illustrate my meaning.
He had practiced law in New York City for two years when he
came to North Carolina to work with me in laying the foundations of
the Institute of Government. That was thirty years ago, and I can
hear him protesting now: "For two years I have not heard the
question raised as to whether it is morally right to break a contract,
but only what will it cost?"
He was at one time called on to testify in a judicial proceeding
that the Law School of the North Carolina College for Negroes in
Durham was as good as the Law School of the University of North
Carolina in Chapel Hill, so as to keep a Negro applicant out of the
Law School in Chapel Hill. He did not believe it was as good and
steadily refused to go on the witness stand and say it was as good-in
the face of pressures which had been strong enough to triumph over
other men in other places at that time.
He resigned from a school board which refused a Negro child's
application to the public schools for reasons he did not think would
stand up in court, saying:
On the issue of racial integration in the public schools
I am, in my own eyes, a moderate. I fully appreciate (and
on occasion have publicly stated my appreciation of) the
enormous difficulties and real educational dangers inherent
in rapid integration.... To qualify as a member of the
Board, I took a solemn oath to support the Constitution of
the United States. I felt, and still feel, that had I voted to
deny the Vickers application I would have violated the oath.
...Constitutional rights are personal. A promise, as yet
untested and intestable, to recognize the constitutional rights
of a first grader in the future is not valid justification for a
present denial of the constitutional rights of a sixth grader.
... In the last analysis it comes to a matter of conscience.
I say this with great diffidence, most strongly urging the
reader to remember that my purpose here is not to advise
the reader or other Board members what their consciences
should dictate. My sole purpose is to attempt to account for
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599
t Most of the material in this essay is extracted and distilled from Dean Phillips's
ten annual reports, published in Volumes 42 through 52 of the North Carolina Law
Review; his Annual Reports to the Chancellorfor 1971, 1972, and 1974; the minutes of law
faculty meetings from July 1964 through May 1974; law school catalogues, 1964-74; and
two student publications, the Tar Heel Barristerand the North CarolinaLaw Record.
tt For more information on Professor Aycock (including the source of information
included in this summary), see Kenneth S. Broun, Tribute to William Brantley AycockForeword 64 N.C. L. REV. 204 (1986); James L. Godfrey, William Brantley Aycock.University Administrator1957-64, 64 N.C. L. REV. 215 (1986); J. Dickson Phillips, Jr., Bill
Aycock in Law School, 64 N.C.L. REV. 207 (1986)
1. J. Dickson Phillips Named To Follow Dean Brandis As Law School Head, TAR
HEEL BARRISTER (UNC School of Law, Chapel Hill, N.C.), Feb. 1964, at 1.
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[Vol. 73
dean.
Of great importance was a change in the composition of the
student body. In 1964 ten women were enrolled at the law school; by
1973 the number had increased to 121. In 1964 only one AfricanAmerican student was a member of the student body. By 1973
through the leadership of Clint Eudy and Ken Essex, members of the
Student Bar Association's Law School Recruitment Committee who
actively sought law school applications from students enrolled in
North Carolina's historically black colleges, the number of AfricanAmerican students had increased to twenty-three. In addition, the
student body that year included two American Indians and one
student of Hispanic origin.
Growth in numbers was accompanied by continued improvement
in the academic quality of the student body. Entering first-year
students with undergraduate degrees gradually increased from eightyseven percent in 1963 to ninety-five percent in 1970. Of the five
percent without undergraduate degrees at the time of enrollment, all
but one student were in a combined degree program in which the
undergraduate degree would be awarded upon successful completion
of the first year of law school. In 1972 Dean Phillips noted:
"[U]ndergraduate averages in the B to B-plus ranges and Law School
Admission Test scores in the ninetieth percentile range (625-650
scores) have now become the norm to which students must aspire for
fair assurance of admission."3
Every year between 1964 and 1974 eighty to eighty-five percent
of the entering class qualified as North Carolina residents. Nonresident students came from fifteen or more states and represented at
least fifty different colleges and universities. Each year the largest
sources of entering students were the University of North Carolina at
Chapel Hill, Davidson College, Duke University, and North Carolina
State University.
FACULTY
In 1945, when Dick Phillips was a first-year law student, the law
school observed its centennial as a part of the University of North
Carolina. That year the full-time faculty consisted of nine professors:
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4. In 1981 Harry Groves joined the law faculty as Henry P. Brandis, Jr., Professor.
606
[Vol. 73
became the first African-American to join the law faculty as a fulltime instructor.
In 1969 Mary W. Oliver was promoted to full professor.
Appointed to succeed Lucille Elliott as librarian, in 1952 she had
become the first woman to join the law faculty. In addition to her
library duties, Professor Oliver conducted a seminar in legal history.
In 1972 she was elevated by her law library colleagues to the
presidency of the American Association of Law Librarians.
In 1973 the law faculty proposed to allot one of the next four
permanent
faculty
positions
to
become
available
to
an
5. Minutes of Law Faculty Meeting, UNC School of Law (May 9, 1973) (on file at
the UNC School of Law Library).
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609
6. Henry P. Brandis, Jr., Walter D. Navin, Jr., 51 N.C. L REv. 387 (1973).
7. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, SELF STUDY SUMMARY
REPORT 205
(1964).
[Vol. 73
reports.
Assisted by four professional staff members, Librarian Mary W.
Oliver provided excellent leadership in the development of the law
library throughout the Phillips administration. In 1972-73 she served
as President of the Association of American Law Libraries. Dean
Phillips in his annual report for that year made the following
comments:
During the past year, as indicated above in this report,
Professor and Librarian Mary W. Oliver was President of the
Association of American Law Libraries. This necessitated
a considerable amount of travel on her part in discharge of
the duties of that office. Her staff responded admirably to
the increased responsibility which necessarily devolved upon
all and maintained library operations with undiminished
efficiency. This was a tribute both to them and to Professor
Oliver's administrative skill in organization for which the
school feels just pride.'
Kathleen S. Cheape ably served as Assistant Law Librarian
during Dean Phillips's administration.
8. J. Dickson Phillips, Jr., The Law School, 52 N.C. L. REv. 574, 580 (1974).
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CURRICULUM
REC. (UNC Law School Student Bar Association, Chapel Hill, N.C.), Nov. 1970, at 2.
[Vol. 73
10. Alexa Jordan, Clinical Law Comes To U.N.C., N.C. L. REc. (UNC Law School
Student Bar Association, Chapel Hill, N.C.), Oct. 1973, at 1.
11. J. Dickson Phillips, Jr., The Law School, 45 N.C. L. REV. 152, 159 (1966).
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J.D.
12. J.D.'s Now Available For Alumni, N.C. L. REC. (UNC Law School Student Bar
Association, Chapel Hill, N.C.), Jan. 1970, at 1, 5.
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13. J. Dickson Phillips, Jr., The Law School, 44 N.C. L. REv. 125, 139 (1965).
14. Robert G. Byrd, The Law School, 53 N.C. L. REV. 957, 971 (1975).
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Dean Phillips reported on July 1, 1969, that the law school budget
had been the recipient of a transfer of funds from the Institute of
Civic Education, an organization founded, developed, and operated
by Professor Albert Coates after his retirement as Director of the
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the areas in which the Law Center has done the most
effective work and through which it can most meaningfully
use its resources in the future.'5
Assistant Dean Robert A. Melott succeeded Professor Brandis as
Director of the Law Center in the 1971-72 academic year. Melott's
duties included serving as a liaison between the law school and
outside groups such as state departments and agencies, editing all
publications resulting from the Law Center's projects, and maintaining
a clearing house of information regarding research in progress by
faculty members and students.
In 1973 the Law Center provided direct service to the General
Assembly. Students performed research with respect to the reorganization of the State Highway Commission, the antitrust and unfairtrade provisions of Chapter 75 of the North Carolina General
Statutes, the price-fixing authority of the State Milk Commission, state
housing and community development laws, injunction bonds, "nofault" divorce laws, coastal zone management, environmental
protection, and worker's compensation.
The Center funded other projects, including preparing teaching
materials in consumer protection for use in high schools and adapting
the American Bar Association's Code of Professional Responsibility
to the North Carolina State Bar's Canons of Legal Ethics.
INSTITUTES FOR PRACTICING ATrORNEYS
In the early 1950s the North Carolina Bar Association and the
law schools at Duke, Wake Forest, and the University of North
Carolina at Chapel Hill joined in sponsoring programs of continuing
legal education for practicing attorneys. These programs were
continued throughout the Phillips administration. Professors Richard
M. Smith, Kenneth L. Penegar, Robert G. Byrd, Richard Robinson,
and Walter D. Navin served at various times on planning committees
for these institutes. Most members of the faculty participated in one
or more programs related to their areas of expertise.
CONCLUSION
15. J. Dickson Phillips, Jr., The Law School, 50 N.C. L. REv. 75, 84 (1971).
[Vol. 73
saying that Phillips had served "the toughest ten [years] in the history
of the deanship."' 6
On the administrative side, Dean Phillips was assisted during his
entire tenure by Ruth H. Strong, Administrative Secretary, and by
Gladys Dimmick, who served as Secretary to the Dean until promoted
to the positions of Director of Placement and Alumni Secretary.
Chester Kirby faithfully served as housekeeper.
During Dean Phillips's tenure the faculty continued its historical
role of promulgating law school policy. Because of the size of the
faculty it was necessary to hold regular faculty meetings. The Dean
presided over these meetings with patience and skill. The faculty
presented his portrait to the law school in commemoration of his
administration.
When Phillips returned to full-time teaching and legal writing, his
course assignments included Civil Procedure, Trial Advocacy, and
Appellate Review. In 1977 he was appointed an Alumni Distinguished Professor. This appointment entailed an initial selection by
a University-wide Committee of Distinguished Professors, and
approval by the Chancellor and the University Board of Trustees.
In 1977, in recognition of his outstanding contribution as a citizen
of the University, he was chosen to receive the University's Thomas
Jefferson Award "as that faculty member who best exemplifies in his
professional life the Jeffersonian tradition." A portion of the citation
accompanying the award stated:
Through effective leadership and dedicated effort he has
made great contributions to this State and University. Much
of his work in the State and the University has concerned
basic changes to make the law and [its] institutions more
responsive to the society they serve. The remarkable success
he has achieved in this work is not happenstance. He
combines, in a way that few are able to do, a respect for
facts, a belief in principle, a quest for justice, and a balance
of common sense and superior intellect. For this reason, he
often provides the perspective, direction or ideas needed to
permit work to progress.
Phillips was appointed to serve on the North Carolina Wildlife
Commission shortly after he joined the law school faculty. During his
deanship he was a member and later Vice-Chairman of the North
Carolina Courts Commission. In 1977 he was appointed the first
16. Robert G. Byrd, The Law School, 53 N.C. L. REV. 959, 960 (1975).
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Man."
AN EVOLVING INSTITUTION:
BYRD ( 1 9 7 4 -7 9 )t
WILLIAM B. AYCOCK
t Most of the material in this essay is extracted and distilled from the reports on the
law school made by Dean Byrd in the North CarolinaLaw Review, Volumes 53, 54, 55,
and 56; Dean Byrd's reports to the Chancellor for the years 1976-77, 1977-78, and 1978-79;
the minutes of law faculty meetings, September 4, 1974-May 12, 1979; law school
catalogues 1974-79; the Student Bar Association Newsletter 1976-77, Nos. 1-6; and the Law
Alumni Newsletter, Vols. 1-3 (Apr. 1977-July 1979).
1. New Law Dean Chosen, N.C. L. REC. (UNC School of Law Student Bar
Association, Chapel Hill, N.C.) Apr. 1974, at 1, 4.
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law. In 1966 he served as acting dean and in 1968 was elevated to the
rank of professor of law.
Byrd taught courses in Torts, Remedies, Evidence, and Law and
Medicine. In 1969 he was chosen by the third-year class to receive
the McCall Award for Excellence in Teaching. He authored a series
of articles on North Carolina tort law, and books and articles dealing
with local government law and administration.
Byrd understood that basic operational policy for the law school,
by tradition, was determined by the faculty. Areas subject to faculty
control included admission standards, enrollment quotas, scholastic
eligibility standards, readmission regulations, and the planning of
curricula and teaching assignments. Policy decisions were made by
majority vote of the full faculty at regularly held meetings, of which
formal minutes were kept. The dean made recommendations on
programs for approval by the faculty and implemented policy
decisions made by the faculty. Upon taking office, Byrd stated that
he did not foresee making any significant changes in the law school.2
ENROLLMENT
2. Id. at 4.
[Vol. 73
decided Regents of the University of Californiav. Bakke.3 In a fiveto-four ruling, the Court decided that state educational institutions
need not be color blind in establishing "a properly devised admissions
program" to achieve diversity in enrollment.4 Dean Byrd appointed
a faculty committee consisting of Professors Aycock, Gressman,
Murphy, and Strong to examine law school admission policies in the
context of the Bakke case. This committee decided to recommend a
policy that incorporated precisely the factors set forth in Justice
Powell's opinion for the majority. The new plan, like the old,
excluded all applicants whose index number was below the score
needed to succeed in law school. The faculty approved the new plan
and Dean Byrd announced it would be followed in the selection of
the entering class of 1979. Approximately the same number of
African-Americans and other minorities qualified under the Bakke
plan as under the law school policies in effect prior to that decision.
The quality of the entering class continued to be high. In 1978-79
the median grade point average on a scale of 4.0 was 3.54 in
undergraduate studies. The median Law School Admission Test score
was 652.
In terms of residence and educational background, the composition of the student body remained essentially unchanged from the
years preceding the adoption of the new plan. In 1978-79 approximately eighty-four percent of the entering class were residents of
North Carolina. Twenty-three states and eighty-three undergraduate
institutions were represented in the first-year class. The University of
North Carolina at Chapel Hill, Duke University, and Davidson
College had the largest representation in the first-year class during the
final year of Dean Byrd's term.
FACULTY
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The period 1974-79 was one of steady growth for the law library.
On July 1, 1974, the number of catalogued volumes was 157,740; in
addition, the library contained a total of 120,067 catalogued
microcards and microfiche. On July 1, 1979, these numbers increased
to 194,662 catalogued volumes, with comparable increases in acquisitions of microcards and microfiche. An increase in state
appropriations and generous gifts from friends of the law library made
this growth possible.
During Dean Byrd's tenure, cooperative efforts were undertaken
by the law libraries of the University at Chapel Hill, Duke University,
and North Carolina Central University in developing research
collections with a view toward reducing unnecessary duplications.
Furthermore, the staff of the law library engaged in long-range
planning, with the principal assignments being undertaken by Claire
Pratt, Reference Librarian, and Patricia Wall, Acquisitions Librarian.
CURRICULUM
The major development in the curriculum during Dean Byrd's
tenure was an increased emphasis on legal ethics and professional
responsibility. In addition to the regular course in Professional
Responsibility, each teacher of a first-year course was required to
devote three class hours each semester to instruction in professional
responsibility. The next step was to require as a prerequisite to
graduation that a student take the regular course in Professional
Responsibility or enroll in a non-credit course of at least ten
classroom hours in which legal ethics and related matters were taught.
In addition to the emphasis on ethics, new seminars offered were
Energy Regulation, Educational Policy Law, Juvenile Law, and Aging
and the Law, and a new joint-degree program was undertaken with
the Institute of Policy Sciences and Public Affairs at Duke University.
During the 1975-76 academic year, the faculty adopted a
resolution permitting third-year law students to be certified to
represent clients in specific cases under the North Carolina third-year
practice rule. To qualify for practice under the rule, the student was
required to work under the supervision of a practicing attorney and
a faculty member licensed to practice in North Carolina. A number
of students were so certified by the North Carolina State Bar.
Although the beginnings of clinical education at the law school
occurred during the Phillips administration, it was under Dean Byrd
that clinical legal education programs were established and became a
regular part of the law school curriculum. In the fall of 1977, Dean
Byrd appointed a committee composed of Professors Broun (chair-
1995]
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Students who were awarded the Juris Doctor degree with high
honors while Biyrd was dean were William Graham Champion
Mitchell, Edward Garrett Walker, Stanley D. Davis, Sarah Elizabeth
Gibson, Henry Marvin Mercer, III, Henry P. Oglesby, Richard A.
Simpson, Jo Ann T. Harllee, Alan Edward Kraus, Robert A. Jaffee,
Andrea Ann Timko, Dewey Michael Jones, E. William Bates, II,
Richard P. Levi, James Harry Clark, and Sheila Hogan Fellerath. Jo
Ann T. Harllee earned special recognition for her academic
achievement. She made an "A" in every one of her twenty-seven
courses in the law school.
STUDENT AcrIvIrlS
[Vol. 73
1995]
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632
[Vol. 73
The Law Center, created in 1969, continued to function effectively during Dean Byrd's tenure. In 1975 Professor Laurens Walker was
chosen to succeed Assistant Dean Robert A. Melott, who had served
as director of the center since 1971.
In his annual report for 1976, Dean Byrd commented on the
work supported by the Law Center:
The projects supported included a continuing review of
North Carolina's new Administrative Procedure Act, an
examination of the estate planning problems of young North
Carolina families, and a study of the State's Commercial
Code and its commercial paper loss allocation provisions.
Other projects included an investigation of procedures
imposed on city and county boards in connection with
requests for special use permits and zoning amendments and
an effort to determine the significance of the identity of the
draftsman in dispositive legal instruments. Also, the Center
sponsored an examination of the continuity of interest
doctrine in tax law and an effort to determine the meaning
of "control" under the Uniform Partnership Act. In
addition to these research projects, the Law Center maintained its interest in continuing education and sponsored two
special lectures, one relating to North Carolina estate
1995]
SESQUICENTENNIAL
Under Dean Byrd the law school continued its participation with
the North Carolina Bar Association and other North Carolina Law
Schools in the Cooperative Legal Education Program. Each year
several members of the faculty volunteered to take part in the
program.
CONCLUSION
[Vol. 73
school. In this time she has served the school and its alumni
with loyalty, dedication, hard work, and great civility.12
Edith Finley, Secretary to the Dean, Gelblum, and Strong served
throughout his term.
During Byrd's tenure as dean, the Alumni Association was
strengthened through initiation of the Law Alumni Newsletter and
through the inauguration of class reunions. Both membership in the
Law Alumni Association and giving to the Law Foundation increased.
The relative competitiveness of faculty salaries improved. The
number of faculty increased, the student-faculty ratio was reduced,
and the size of instructional classes lowered. The strength and
12. Gladys Dimmick Resigns, LAW ALUMNI NEWSLETrER (UNC School of Law,
Chapel Hill, N.C.), July 1979, at 2.
1995]
ANDREWS:
AYCOCK:
BROUN:
CLIFFORD:
DAYE:
GELBULM:
GLENN:
KALO:
LEWIS:
LINK:
NAKELL:
OLIVER:
PHILLIPS:
POLLITr:
RICHMOND:
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VERKUIL:
WALKER:
WING:
[Vol. 73
Member, Technical Staff of UNC Water Resources Research Institute; Member, Board of Directors of UNC Botanical Garden.
Member, University Grievance Committee;
Traffic and Parking Advisory Committee; Advisor, University Welfare Committee.
Chairman, Staff Personnel Committee.
Member, Educational Policy Committee; Committee on Scholarships and Student Aid.
Member, Institutional Review Board, School of
Public Health.
1995]
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AYCOCK:
BLAKEY:
BROUN:
CLIFFORD:
DAYE:
EDDY:
GELBULM:
GLENN:
HASKELL:
[Vol. 73
KALo:
LEFSTEIN:
LEWIS:
Louis:
LINK:
LOEWY:
MURPHY:
PHILLIPS:
1995]
POLLrTr:
RICHMOND:
RUDOLF:
SCHOENBAUM:
ScOTr:
SMrrH:
STRONG:
TURNIER:
VERKUIL:
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Special Counsel to House (Committee on
Education and Labor, U.S. Congress; Board
Member, Southerners for Economic Justice;
Board Member, American Association of University Professors; Board Member, North Carolina
Civil Liberties Union.
Member, Standing Committee of the Southeastern
Conference of the Association of American Law
Schools.
Advisory Member, North Carolina State Bar
Special Committee to Study Rules Governing
Practical Training of Law Students.
Member, Delegation for the meeting between
Soviet and American specialists in environmental
law; Member, North Carolina Marine Science
Commission; Member, North Carolina Bar Association Committee on Corporate, Commercial
and Banking Law.
Vice President School of Arts Foundation; Trustee Louisburg College; Member and Director,
Sarah Graham Kenan Foundation.
Named by the Federal Power Commission to
head a task force to study the Alaska Natural Gas
Pipeline.
Continued to serve as Director of the Association
of American Law Schools Law Teaching Clinic
and as National Secretary-Treasurer of the Order
of the Coif; Member of the Practical Training
Committee of the North Carolina Bar Association; Member of the Bar Examination Study
Project of the Association of American Law
Schools; consultant to the President of North
Carolina Central University on the law school of
that institution.
640
[Vol. 73
WURFEL:
Commission; Member, Board of Scientific Directors of the North Carolina Institute of Nutrition.
DEANSHIP OF
[Vol. 73
1.
RONALD C. LINK, UNC SCHOOL OF LAW ANNUAL REPORT FOR THE SCHOOL OF
1995]
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He began the
2. KENNETH S. BROUN,
CHANCELLOR, 1979-80, at 1.
UN
[Vol. 73
3.
Id. at 7.
1995]
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The
4. Id. at 7-8.
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1995]
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[Vol. 73
1995]
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[Vol. 73
A final theme evident during the period of Ken Broun's administration was the growing complexity of the deanship in American
schools of law. During Broun's tenure, the administrative structure
of the law school was significantly reconfigured to address this
phenomenon.
Among the most notable developments was his hiring of the law
school's first Assistant Dean for Development, Beverly Cutter Modlin
(who subsequently left UNC to become Vice Chancellor for Development at UNC-Asheville). With the aid of her enormous talent and
energy, Broun began more sophisticated efforts to increase the
school's private funding base. As recounted in more detail elsewhere
in this history,6 annual giving more than trebled in the following
The dean by necessity had to become a more versatile leader and had
to make strategic judgments about how best to ensure the effective
administration of the school.
Throughout his tenure, Broun
continued his efforts to fine-tune staffing arrangements so that all
critical functions could be performed in a cost-efficient manner. In
6. See Todd T. Lindsley, The History of the UNC Law Alumni Association and UNC
Law Foundation,73 N.C. L. REV. 942 (1995).
19951
SESQUICENTENNIAL
(1988-89)
JUDITH WELCH WEGNER
1. Judith W. Wegner, A Letter from the Dean, LAW ALUMNI NEWSLETTER (UNC
School of Law, Chapel Hill, N.C.), Fall 1989, at 2.
1995]
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2. Ronald C. Link, From the Acting Dean, LAW ALUMNI NEWSLETrBR (UNC School
[Vol. 73
During the late 1980s, law schools across the nation faced a
significant increase in applications from talented prospective students.
This rising tide provided opportunities for many schools to recruit
ever-more-talented students. Link seized the opportunity in important ways that will redound to the school's benefit for many years to
come.
Link recognized the need for the school to present itself more
effectively to prospective students and other external audiences. He
worked closely with Assistant Dean for Admissions Beth Furr to
improve the quality of UNC's admissions literature and encouraged
other efforts to enhance the image of the school. Because of his
relatively short tenure and scarce financial resources, many of his
ideas could not be fully implemented at the time. In ensuing years,
however, the school has developed much more impressive background
materials to assist applicants for admission, and upgraded the full
1995]
SESQUICENTENNIAL
3. See Ronald C. Link, Albert Coates and Legal Research, 67 N.C. L. REv. 749-50
(1989); Ronald C. Link, Henry Brandis, 67 N.C. L. REV. 1021-22 (1989).
656
[Vol. 73
S. ELIZABETH GIBSON
[Vol. 73
1. Mark Schultz, Wegner Picked as UNC Law School Dean, CHAPEL HILL HERALD,
May 9, 1989, at A3.
1995]
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courses in real property, land use, the rights of disabled persons, and
local and state government law. Her research interests were as broad
as her teaching skills, ranging from inquiries about discrimination
based on disability to the financing of highway improvements.
It quickly became apparent to her colleagues that Wegner was an
extremely hard worker and an energetic pursuer of her goals. Her
rise through the law school's faculty ranks was as rapid and impressive
as that of her predecessors. In 1984 she became an associate
professor with tenure, and in 1986 she commenced a two-year term
as Dean Ken Broun's associate dean. It was in this job that her
administrative skills became apparent. In July 1988 she was promoted
to full professor, and a year later she became dean. In eight years,
she had gone from being the faculty's newcomer to its leader.
Dean Wegner's dedication to her law school duties during this
period did not preclude her active participation in a variety of
activities in the community and the University. Most notably she
served for four years as a member of the Carrboro Board of
Aldermen, maintaining her lifelong interest in local government
affairs. As an elected town official, she concentrated her energies on
resolving interjurisdictional disputes over land use and watershed
management. On campus she chaired the University's Committee on
the Status of Women. Under her leadership the committee undertook
an extensive survey of women in the Division of Health Affairs and
drafted one of the University's first maternity-leave policies.
Upon embarking on her deanship in 1989, Dean Wegner stated
that her goals included working on solutions to the law school's space
problems, fostering more ambitious faculty research efforts, improving
the students' learning experience, and increasing alumni participation
in the ongoing life of the school.2 Ambitious goals in their own right,
they became all the more challenging due to serious financial
problems that the State of North Carolina encountered in the early
years of her deanship. The resulting fiscal constraints on the law
school demanded energetic leadership, determination, and creativity
TER
NEWSLET-
[Vol. 73
As the new dean, Judith Wegner pursued the goals she had
identified, as well as addressing the law school's other needs, with
impressive energy and enthusiasm. Her efforts in the early months of
her tenure were buoyed by the announcement of what was then the
largest gift in the history of the law school-a $1 million donation by
Reef C. Ivey II, a member of the class of 1968. This money was
earmarked for the creation of a distinguished professorship in
corporate or international law, a research professorship, and a visiting
professorship; the establishment of a teaching innovation fund; and
the initiation of a new need-based scholarship program.
While efforts to increase private fundraising by the law school
were off to a strong start, shortfalls in state revenues led to the
imposition of sudden and substantial budget cutbacks on all units of
the University system beginning in 1990.
instructional and staff positions resulted in the loss of faculty and staff
slots for the law school; noninstructional faculty support funds were
also cut, leading to the permanent loss of state funds for the Albert
Coates Law Center. Law school faculty and staff received no salary
increases from the State for the 1991-92 school year and only token
increases for 1992-93. The law library was hit especially hard: it not
only suffered similar budget cuts, but even failed to receive funding
needed to keep pace with the high rate of inflation in the publishing
world Just months into Dean Wegner's first term, and for the next
several years, the law school confronted severe financial problems that
were not fully anticipated when she accepted the deanship.
The law school responded to this challenge in a variety of ways.
Belt-tightening measures included making do without previously
available services, reorganizing staff and resources with an eye to
maximum efficiency, and eliminating class sections or even entire
courses that had previously been taught. But the reduction in state
funds also led to an increased emphasis on private fundraising, under
the able leadership of Assistant Dean Todd Lindsley. The results of
3. Law School Receives $1 Million Gift, LAW ALUMNI NEWsLETrER (UNC Chapel
Hill School of Law) Summer 1990, at 1.
4. 1992-93 Self-Study Report (UNC School of Law, Chapel Hill, N.C.), at 6-8.
1995]
SESQUICENTENNIAL
these efforts are described in more detail later in this history,5 but
their success is illustrated by the fact that the law school surpassed its
original Bicentennial fundraising goal of $9 million more than a year
and a half prior to the conclusion of the University-wide campaign.6
Students also played an important role in addressing the law
school's financial needs. In the spring of 1991, the Student Bar
Association spearheaded a school-wide drive that raised over $7000
5. See Todd T. Lindsley, The History of the UNC Law Alumni Associationand UNC
Law Foundation,73 N.C. L. REv. 942 (1995).
6. Bicentennial Goal Raisedto $400 Million, UNC-LAW ALUMNI NEWS (UNC School
of Law) Winter 1994, at 7.
7. See Law Students, UNC BoardApprove Fee Increase, UNC-LAW ALUMNI NEWS
[Vol. 7:3
During Dean Wegner's first term as dean, the size of the faculty
remained relatively stable. While eight new faculty members were
hired during the 1989-94 period, the school lost seven others due to
retirement or other causes. Those joining the faculty were John
Charles Boger, Jerry Markham, Molly McUsic, Michael Selmi,
Marilyn Yarbrough, Ruth McKinney, Melissa Saunders, and Associate
Director of the Law Library Thomas French. These new colleagues
brought with them impressive academic credentials, as well as
valuable experience in the practice of law. Two of the new faculty
members, Professors McUsic and Saunders, were former United
States Supreme Court law clerks. Professor Yarbrough came with
significant experience in academic administration, which the University quickly tapped. In 1994, Yarbrough became Associate Provost, a
post that required her to divide her time between the law school and
the Provost's office.
Despite the excitement over the school's ability to attract these
new, talented faculty members, the law school regretted the departure
of other cherished colleagues. In 1989 all mourned the untimely
death of Professor Nancy Rhoden, a gifted scholar and teacher, who
had been at the law school for only two years. A scholarship fund at
the law school was established in her memory.
1995]
SESQUICENTENNIAL
Three of the law school's most beloved faculty members left the
teaching ranks due to the University's mandatory retirement policy.
Bill Murphy retired in 1990, at the end of his nineteenth year at the
law school. The winner of the McCall Teaching Award in 1977 and
1990, he was honored by the school with a special "Bill Murphy Day"
and the establishment of a William P. Murphy Distinguished Speaker
Program designed to bring to the school prominent authorities in the
areas of Professor Murphy's expertise: constitutional law, labor law,
employment discrimination, and dispute resolution. The following
year another McCall Award winner, Professor Ferebee Taylor,
retired. University Chancellor for eight years, he was a member of
the law school faculty for more than a decade. The creation of the
Nelson Ferebee Taylor Prize for Excellence in Corporate Law marked
his retirement. This award goes annually to the member of the
graduating class "who has sustained the strongest record of achievement in the area of corporate law."8 In 1992 Professor Dan Pollitt
retired after thirty-five years at the law school. To honor him,
students and alumni arranged a "roast" attended by numerous friends
and colleagues, including Chancellor Paul Hardin and basketball
Coach Dean Smith. In addition, the North Carolina Law Review
dedicated its September 1992 issue to Professor Pollitt, and a
fellowship was created in his honor to fund civil rights and civil
liberties work by law students. Fortunately for the law school, each
of these outstanding teachers continued to teach an occasional course
at the law school in retirement, thus permitting subsequent classes of
students to learn from them.
From 1989 to 1994, several faculty members were named to
distinguished professorships in recognition of their significant
accomplishments. In 1990 former dean Kenneth S. Broun, returning
to the law school from a two-year leave of absence in private practice,
was named to one of the two Henry P. Brandis, Jr., professorships.
In 1991 Charles Edward Daye was also named a Henry P. Brandis,
Jr., Professor. The same year the following distinguished professorships were awarded: Paul G. Haskell, William Rand Kenan, Jr.,
Professor; Thomas Lee Hazen, Cary C. Boshamer Distinguished
Professor; Arnold H. Loewy, Graham Kenan Professor; and William
J.Thrnier, Willie Person Mangum Professor. In 1992 John V. Orth
became a Graham Kenan Professor, which honor was replaced the
[Vol. 73
9. 1992-93 Self-Study Report, (UNC School of Law, Chapel Hill, N.C), at App. 1-2.
1995]
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grant funds were also increased. The Associate Dlean for Faculty
Affairs organized faculty speaker and discussion series and assisted
individual faculty members in achieving their research goals.
During this period, faculty members produced an impressive
array of scholarly publications. Several wrote or co-authored new or
revised editions of legal casebooks, anthologies, treatises, or other
scholarly books. Virtually every member of the faculty published one
or more law review articles; among the distinguished journals in which
these articles appeared were the North Carolina Law Review, the
Columbia Law Review, the Texas Law Review, the Michigan Law
Review, the Northwestern University Law Review, the Southern
California Law Review, and the University of Illinois Law Review.
Several faculty members also produced significant professional
manuscripts for continuing education programs for lawyers or judges.
Besides engaging in valuable scholarship, faculty members also
provided service to the University, the profession, and the public in
ways too numerous to recount fully. Dean Wegner provided special
encouragement and support for the faculty's public service activities
through her own personal example of active involvement in professional and University affairs. Long active in the Association of
American Law Schools as a member of the Executive and Accreditation Committees, in 1994 Dean Wegner became president-elect
of the Association. She thus followed in the footsteps of former
Dean Maurice T. Van Hecke, who served as AALS president in 1956.
Closer to home, Dean Wegner continued to serve on numerous
campus-wide committees during her first term as dean. This
University service included chairing or co-chairing the Public Service
Roundtable, the Academic Affairs New Faculty Professional
Development Committee, and the Committee on Community and
Diversity, as well as serving as a member of the Provost Search
Committee.
Other faculty members also held significant positions in national
professional organizations. Charles Daye served from 1991-93 as
president of the Law School Admissions Council, and Ken Broun
served in 1991 as chair of the National Institute for Trial Advocacy.
Professor Broun also served as a member of the Advisory Committee
on the Federal Rules of Evidence. Several members of the faculty,
including Laura Gasaway, Marilyn Yarbrough, Burnele Powell,
(UNC
[Vol. 73
William Turnier, Ronald Link, and Lissa Broome, played active roles
on various American Bar Association committees.
Professor Jack Boger provided exceptional service to the public
through his key involvement with two important conferences
sponsored by the law school. In 1992 Boger spearheaded a panuniversity conference on the education of minority and disadvantaged
children in North Carolina. Collaborating with colleagues from the
UNC Schools of Education and Social Work and from North Carolina
Central University, Professor Boger brought together nationally
recognized scholars and a broad group of educators, parents, and
advocates interested in education policy reform in the state. The next
year Professor Boger and Dean Wegner, along with faculty members
in the UNC Department of City and Regional Planning, organized a
major symposium on "Race, Poverty, and the American City: The
Kerner Commission Revisited." This symposium allowed scholars in
various disciplines from throughout the University and nation to share
insights on critical urban policy issues. Papers presented at the
symposium later appeared in the North CarolinaLaw Review. 1
Many faculty members continued the fine tradition, which their
predecessors began, of playing active roles in the North Carolina Bar
Association or by serving in advisory positions to legislative committees or courts within the state. Two notable examples are Professor
Ken Broun's service as vice-president of the Bar Association and
Professor Bob Byrd's continued distinguished service on the North
Carolina General Statutes Commission. Professor Broun also
provided service to the local community as Mayor of Chapel Hill.
Law school faculty members continued to play important
leadership roles throughout the campus, as they chaired and sat upon
various elective and appointive University committees and task forces
and filled positions of leadership in University organizations. Three
faculty members and one administrator received University-wide
recognition of their significant contributions to the University. In
1992 Laura Gasaway, like Dean Wegner before her, received the
Mary Thrner Lane Award in recognition of her important contributions to women on campus, and in 1994 Dean Wegner herself was
named a finalist for the inaugural Cornelia Phillips Spencer Award,
which was established to recognize the woman who had made the
greatest contributions to the University in recent years. Director of
11. See Symposium, The Urban Crisis: The Kerner Commission Report Revisited, 71
1995]
SESQUICENTENNIAL
[Vol. 73
schools in the country. Minority Law Day and the High School
Symposium, both held annually, attracted large numbers of potential
law students and encouraged them to consider law as a career and the
study of law at this school in particular. Assistant Dean for Admissions Elizabeth Furr visited numerous undergraduate campuses and
large recruitment forums in order to spread the word about the
school. She took with her copies of a new "viewbook," attractively
designed to present information about the school's academic program,
its community, and the flavor of life for students here. In various of
these recruitment efforts, the law school staff was ably assisted by
enthusiastic students and alumni.
As in past years students at the School of Law were engaged in
a wide variety of activities during the 1989-94 period. Whether
sponsoring speakers and symposiums for the benefit of the entire
community or providing programming and support for law students
with particular interests or needs, student organizations helped to
enrich life at the law school. The Student Bar Association remained
in the forefront of student activities, providing oversight and funding
of law school organizations, as well as providing a voice for student
opinions on issues as diverse as the need for increased financial
support for the school and the placement in the building of a
controversial Pepsi machine. Presidents of the Student Bar Association during this period were Jonathan Williams (1989-90), Lauren
Burnham (1990-91), Eric Levinson (1991-92), Timothy Woodland
(1992-93), Paul Koutouzakis (1993-94), and Corinne Harrah (1994-95).
A new Dean's Advisory Committee was formed to increase communication between Dean Wegner and student leaders.
12
As other chapters describe, the North Carolina Law Review
and the North CarolinaJournalof InternationalLaw and Commercial
Regulation,13 both long-standing journals, continued to provide
excellent opportunities for students to increase their analytical,
research, and writing skills, while at the same time providing useful
and provocative legal commentary for both practitioners and scholars.
The Holderness Moot Court was especially successful during this
period. In the 1989-90 academic year, the UNC National Team
advanced to the national competition in New York City and placed
fifth in the nation, while the Jessup Cup team won its regionals and
12. See Martin M. Brinkley, The North Carolina Law Review at Threescoreand Ten,
73 N.C. L. REV. 775 (1985).
13. See Jerry W. Markham, The North Carolina Journal of International Law and
Commercial Regulation and International Course Offerings, 73 N.C. L. REV. 807 (1995).
1995]
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During Dean Wegner's first term, the faculty engaged in a twoyear review of the curriculum, which resulted in the adoption of
several changes designed to strengthen the upper-division curriculum
and the teaching of research and writing. Beginning with the 1992-93
academic year, all second-year students were required to take one
[Vol. 73
1995]
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it dropped to 86%, and for the class of 1993 it was 78%. For several
years there was a substantial drop in the percentage of graduating
[Vol. 73
1995]
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14. Generous Gift Funds Professionalism Dinner, UNC-LAW ALUMNI NEWS (UNC
School of Law, Chapel Hill, N.C.), Winter 1994, at 2.
[Vol. 73
676
[Vol. 73
INTRODUCTION
records are those who identify themselves as Native American, Asian/Pacific, black or
African-American (designations used interchangably), and Hispanic.
As can be expected, most minority students over the years have been AfricanAmerican. Because of this fact, in this chapter when a minority student or graduate
named is African-American, the name will be stated without ethnic designation. In order
to ensure that it is clear to readers that members of all minority groups have played
significant roles in the story of, and made achievements that bring credit to, the University
of North Carolina at Chapel Hill, when a member of a minority group other than AfricanAmerican is identified by name, that person's ethnic group will be identified.
2. From time to time, one or more minority students has failed to graduate or upon
graduating has failed to pass the bar exam. But that group has been a very small
proportion of the students who enrolled. Some students graduated or passed the bar only
after the mightiest, most sustained struggle. But considering the historically small numbers
and the challenges many faced, that so many did succeed and that so few did not is a point
worthy of focus and emphasis.
3. These students are specifically discussed in this chapter. See infra notes 33-35, 42
and accompanying text.
1995]
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apart from the times in which it found itself 4 For the first 106 years
after a law professor was appointed at the University of North
Carolina,' the University of North Carolina School of Law, like those
in other southern states at the time, did not admit black students, and
4. Many of the facts in this brief historical background stated in this and the next
paragraph are related by the court in McKissick v. Carmichael, 187 F.2d 949 (4th Cir.),
cert. denied, 341 U.S. 951 (1951).
5. William Home Battle was appointed professor of law in 1845. Albert Coates, The
Story of the Law School of the University of North Carolina,47 N.C. L. RaV., Oct. 1968
678
[Vol. 73
for all that the record shows, also did not admit members of any other
minority groups.
But the leaders could not shield the state or the University from
the quest by African-Americans to end state-imposed exclusion from
public educational opportunities. In North Carolina, as they did
nationally, the strategists at the National Association for the Advancement of Colored People (NAACP) made their first thrust for black
uplift in an ultimately futile attempt to implement the "separate but
equal" doctrine of Plessy v. Ferguson.6 If there was no law school
for minorities at all, even the, doctrine of Plessy could be offended.
Thus, the NAACP filed suit against the State of Missouri, which had
no publicly funded law school that would admit blacks. The United
States Supreme Court's 1938 decision in Missouri ex reL Gaines v.
Canada' vindicated this strategy when the Court ordered the
admission of Lloyd Gaines, an African-American, to the law school
of the University of Missouri. In 1939, undoubtedly in anticipation of
a Gaines-basedsuit, educational leaders in North Carolina established
a law school as part of what was then known as the North Carolina
College for Negroes at Durham. That law school was created for
black students in an unabashed attempt to avoid the admission of
blacks to the law school at Chapel Hill. Apparently the state's
educational leaders thought that the basis for the United States
Supreme Court's decision in Gaines turned on the complete absence
1995]
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14. Epps v. Carmichael, 93 F. Supp. 327 (M.D.N.C. 1950), rev'd sub nom, McKissick
v. Carmichael, 187 F.2d 949 (4th Cir.), cert denied, 341 U.S. 951 (1951).
15. Coates, supra note 5, at 87.
16. Id.
17. Id. He had, as one reporter has described it, "a precise conscience." Id.
[Vol. 73
18. McKissick v. Carmichael, 187 F.2d 949 (4th Cir.), cert. denied,341 U.S. 951 (1951).
Counsel for the plaintiffs were Thurgood Marshall and Robert L. Carter, with Conrad 0.
Pearson of Durham, N.C. on the brief.
19. Id. at 951-52.
20. Id. at 952-53.
21. Id. at 952.
22. Id.
24. Id.
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injunction prohibiting the University and the law school from denying
admission to the plaintiffsO5
FIRST FIVE
THE SUMMER OF 1951-THE DOOR OPENERS: 2THE
6
AFRICAN-AMERICAN STUDENTS
Relief in McKissick came in time for Floyd McKissick and four
other African-Americans to enroll in the law school's summer session
for 1951. These five men thus became the first African-Americans to
attend the law school of the University of North Carolina at Chapel
Hill. McKissick enrolled in the summer session and took one course,
but he had already received his LL.B. degree from the North Carolina
College School of Law. It was at the very least ironic that he was the
named plaintiff in the door-opening litigation, but did not receive a
law degree from the University of North Carolina at Chapel Hill.
Harvey Beech, J. Kenneth Lee, and James Robert Walker, Jr.,
concluded their third year of law school at the University and were
each awarded the LL.B. degree in 1952, thus becoming the first three
African-Americans to earn law degrees at the University of North
Carolina.27 A fifth enrollee in the 1951 summer session, James L.
Lassiter, later earned his degree at another institution.
McKissick went on to become a major national civil rights
figure.' He was a signal player in the civil rights struggles during
the 1950s and 1960s in Durham, in North Carolina, and throughout
the nation.
McKissick represented civil-rights demonstrators,
organized anti-segregation strategies, filed lawsuits, made important
educational and motivational speeches, and inspired many in his
25. Id.
26. The early records of minority students had to be reconstructed from the memories
of principals involved at the time who are still alive. It is recalled by one of them that
following the McKissick decision it was decided by Dean Brandis and others that academic
records would not be kept by race. Thus, the official records cannot be consulted with
confidence to verify the race of the students enrolled prior to the mid-1960s when records
first officially included race, as then required for statistical purposes by the Federal
[hereinafter
CHRONICLE].
[Vol. 73
the eighth grade, following a speech by Floyd McKissick to the Parents and Teachers
Association of what was then Pearsontown School No. 2. On the night of McKissick's
speech, I decided to become a lawyer and, for better or worse, never considered any other
career.
30. Much of this historical sketch on J. Kenneth Lee is excerpted, with permission,
from Chronicle, supra note 28, at 7-8.
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For the remainder of the decade of the 1950s, four AfricanAmerican students followed the door openers. First, Major S. High,
who enrolled in the fall term of 1952, earned his LL.B degree in 1953.
High, like the other door openers, was a transfer student from the
North Carolina College Law School who concluded his third year of
law study at the University of North Carolina at Chapel Hill. High
practiced law in Greensboro, North Carolina. At various times he
was in practice with J. Kenneth Lee and Alvis A. Lee in a firm known
as Lee, High, Taylor, Dansby & Stanback.
Romallus 0. Murphy was the next African-American to enroll
[Vol. 73
She has said: "Law school was something I wanted; but taking care
of my children was something I had to do." She drove from
Fayetteville each day, leaving home at 5:30 A.M. to meet 8:00 A.M.
31. No degrees were awarded to minorities in 1960, 1965, 1966, 1969. The eight
degrees were awarded to African-Americans as follows: 1961-1; 1962-4; 1963-1;
1964-1; 1967-1.
32. Much of this historical sketch on Sylvia X. Allen is excerpted, with permission,
from NORTH CAROLINA ASSOCIATION OF BLACK LAWYERS, 3 CHRONICLE
LAWYERS IN NORTH CAROLINA, (Robin N. Michael et al. eds. 1990).
OF BLACK
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SESQUICENTENNIAL
33. Much of this historical sketch on Julius L. Chambers is excerpted, with permission,
supra note 28, at 5-6.
34. 402 U.S. 1 (1971).
35. 401 U.S. 424 (1971).
from CHRONICLE,
[Vol. 73
LEGACY
For minorities at the law school, the 1970s were characterized by
two distinct parts. The early '70s were in some ways a continuation
of the minimalist '60s. But groundwork was being laid that would
yield new results in the second half of the decade.
The Early 1970s
The early 1970s opened a new era in the law school. A visit by
Professor Harry Groves to teach in the summer session of 1970,
making him the first African-American to teach at the Chapel Hill
law school, and the hiring of the author of this essay in the fall of
1972 as the first African-American permanent faculty member,
signalled a commitment by the dean and the faculty to create a more
diverse law school. Assistant Dean Morris Gelblum possessed an
1995]
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only two minority members of the class of 1971. Little has been
36. Bill Trott, Black Students Sought by Committee, N.C. L. Rec. Nov. 1969, at 3.
37. Id.
688
[Vol. 73
1995]
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38. The author regrets that time does not permit the collection of data and
information on every minority student and graduate. Such an effort would likely be futile
in any event. Moreover, space would not permit a detailed statement of the myriad
activities and professional successes minority graduates have experienced.
39. Minority members of the class of 1976 were Dexter Brooks (Native American);
Freeman Douglas Canty; Humphrey Sherrill Cummings; Sandra Upperman Cummings
(formerly Sandra Lousie Upperman); Willie Carroll Dawson; Angela Bryant Ellis
(formerly Angela Rebecca Bryant); Mari-Jo Florio (Native American); Brenda Maria
Foreman; Edward Garner Jr, Thomas Hilliard, III; Lee Andrew House, Jr, Irene Bartlett
Lape (Asian/Pacific); Dean Benton Suagee (Native American); Reginald Leander Watkins;
Fred James William; and Otha Ray Wilson.
[Vol. 73
Irene Bartlett Lape, of New York, also of the class of 1976, is the
first graduate of the law school identified in the records as being of
Asian/Pacific background.
Angela R. Bryant Ellis engaged in private practice immediately
after graduation. Thereafter, she served as a Deputy Commissioner
of the North Carolina Industrial Commission (1979-85) and as an Administrative Law Judge (1986-89) with the newly created Office of
Administrative Hearings. She was named "Lawyer of the Year" in
1983 by the North Carolina Association of Black Lawyers, in part for
4
her work as a co-founder of the Land Loss Prevention Project, Inc. 1
She served on the Law School's Board of Visitors from 1985-89 and
has been a member of the Board of Trustees of the University of
North Carolina at Chapel Hill since 1991. Fred Williams, also of that
class, now a law professor at the North Carolina Central University
School of Law, served by appointment of the Governor as a special
superior court judge in the 1980s.
The class of 1977 had ten minority members.4" Jerry Braswell
entered the private practice of law in eastern North Carolina. He
maintained both a successful law practice and an extensive community
involvement in the Goldsboro, North Carolina area. He was elected
in 1993 as a member of the North Carolina House of Representatives.
He also served as the elected President of Legal Services of North
Carolina. Edwina Link Charlemagne became an attorney in the
Greensboro office of the United States Internal Revenue Service,
where she is now a senior attorney. Arlie Jacobs, the fourth Native
American graduate of the law school, maintains a private practice in
Pembroke, North Carolina. Gregory A. Weeks, following an
acclaimed practice as a defense attorney, became a state superior
court judge in 1989, a position he still holds.
The class of 1978, as mentioned above, was a numerical pacesetter in the number of minorities, with twenty-three minority members.4" Those students, in turn, were pacesetters while enrolled as
40. For further discusssion of the Land Loss Prevention Project, Inc., see the
discussion of David H. Harris of the class of 1981, infra note 55 and accompanying text.
41. Minority members of the class of 1977 were Waylon Arnold; Alvin Quentin
Arrington; Jerry Braswell; Edwina Link Charlemagne; Gary Robert Correll (Native
American); Roscoe Cecil Hood Jr; Arlie Jacobs (Native American); Philemina Oneida
McNeill; Gregory Arthur Weeks; and Theodore Ra Von Williams.
42. Minority members of the class of 1978 were Owen Hunter Black; Evelyn Dove
Coleman; Donald Stephen Cooper; Earlene Hardie Cox; Desiree White Crawford; Patrice
Henrika Fields; Carl Raynard Fox; Ronald Lavonne Gibson; R. Darrell Hancock; Reginald
Michael Harding; Thelma Marie Hill; Orlando Frank Hudson. Jr.; Carolyn Irene Ingram;
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M. Christopher Kemp, Sr.; Moses Luski (Hispanic); Wayne Bertran McLurkin; Henry
Franklin Mebane, Jr.; Regan Anthony Miller; Ronald Gerard Penny; Willie Roy Perry, Jr.;
Charles Arthur Ray, Jr.; Randall Elbert Robertson; and Linda Ruiz Sedivec (Hispanic).
43. Minority members of the class of 1979 were W. Steven Allen; Thomas Auzenne
Armstrong; Elwood Becton; Anthony Waldo Brown; Josie Knowlin Claiborne; Walter
Deloatch, Jr.; Milton Glendell Harris; W. Fred Harrison; Nay Malloy Howell; Wanda Pate
Jones; Gary Lynn Locklear (Native American); Sidney Thomas Marable; Brenda Ford
McGhee; Terry Bernard Richardson; Joseph Michael Smith (Native American); Patricia
Timmons-Goodson; Reynauld Merrimon Williams; Claudia Annette Withers; and Delores
Ann Young.
[Vol. 73
1995]
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47. See, e.g., City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989).
48. 438 U.S. 265 (1978).
49. I was a member of the Admission Policy Committee for 1978-79.
[Vol. 73
50. I was named to chair the Admission Policy Committee for 1979-80.
51. Justice Powell's opinion, relying on a "diversity" rationale to support the use of
race as one factor that could be considered in making admissions decisions, was clearly
anticipated by Judge Soper of the U.S. Court of Appeals for the Fourth Circuit in the list
of intangible factors he cited in evaluating the College's law school and the Univerity's law
school in McKissick, over a quarter century earlier. See supra note 13 and accompanying
text.
52. The program was called Legal Education Advancement Program, or "LEAP" for
short.
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53. Minority members of the class of 1980 were Emma O'Neal Andrews; Richard Earl
Batts; John Archibald Dusenbury; Angela Denise Lee; Cedric Reginald Perry; T. Diane
Phillips; George Scott Sampson; W. Terry Sherrill; Mittie Moore Smith; and Geraldine
Turner.
54. Minority members of the class of 1981 were Anthony Vincent Baker; Leslie
Brown; Montague Brown (Native American); Grover Cleveland Burthey, Jr.; Brenda Joyce
Carter; David S. DeLugas (Asian/Pacific); James Rufus Farrior, Jr.; William Aubrey
Gerald; David Herman Harris, Jr.; Hada DeVarona Haulsee (Hispanic); Darnell Felix
Hawkins; Lorinzo Little Joyner; Scott Meza (Hispanic); Vernon Alexis Russell; and Otis
Wall, Jr.
55. See discussion of Angela R. Bryant Ellis, supra note 40 and accompanying text.
[Vol. 73
for help and consultation from all over the country. Lorinzo Joyner,
also of the class of 1981, is also a good representative of the work
members of the class are performing. Joyner has served as a lawyer
on the staff of the North Carolina Appellate Defender. Currently, she
is an Assistant Attorney General for the State of North Carolina.
56. Minority members of the class of 1982 were Angela Johnson Colbert; Arnald
Byron Crews; Frank Edward Emory, Jr.; Bertha Lee Fields; Mark Van Lanier Gray;
Thomas Matthew Harvey; Larry Sylvester Height; Barbara Elaine Jones (Native
American); Randy Kane Jones; Richard Jeffrey Kania (Native American); Milton Lewis;
Linda Walke Lilly; George Lyons, Jr; W.Andrew Marsh, III; Phyllis Beatrice Pickett;
Edward Alexander Pone; Wanda Hannon Price; Michael Anthony Robinson; Barry
Stephen Stanback; Tanita Goodwin Toliver, and Sylvia Delores Yancey.
57. Minority members of the class of 1983 were James Gregory Bell (Native
American); Brenda Byers Collins; Kathryn Jones Cooper, James Walter Crawford, Jr.;
James Curtis Dockery; Russell Harris; James Edward Holloway; Stella Dorlene Jones;
Camilla Florence McClain; Martha Denning Moore; Anita Davis Pearson; Catherine Perry;
Robert Thomas Perry; Kenneth Ericson Ransom (Native American); Vicki Ballou Watts;
Gregory Leon Woods; Addie Odette Wright; and Debbie Kay Wright.
1995]
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58. Minority members of the class of 1984 were D. Bernard Alston; Gary William
Bigelow (Asian/Pacific); Manuel Louis Costa (Hispanic); Bonnie Brade Crawford; Judith
Milsap Daniels; Margaret Ekwutozia Edozien; Lilo Alfreida Hester; Clinton Carnell Hicks;
Sheila P. Hochhauser (Hispanic); LaVerne Crocker Jordan; Rickye McKoy-Mitchell;
Deborah Ann Nance; Frederick Glenn Sawyer (Asian/Pacific); and Kenneth Bruce
Stewart.
59. Minority members of the class of 1985 were Lynette Ann Barnes; Gina Maria
Clark; Cynthia Williams Clinton; Belinda Jewell Foster; Larry Dwight Hall; Larry Rolando
Linney; David Timothy McCoy (Native American); Frederick Dean Mitchell; W. Jeffrey
Moore (Native American); Allen Wayne Rogers; Avis Felecia Sanders; Beverly Renee
Shepard; Ronnie Neal Sutton (Native American); Herbert Eugene Tatum, III; Marion
Arrington Williams; and Demetta Lenee Witherspoon.
60. Minority members of the class of 1986 were John Sherman Best; William Mark
Boyum (Native American); R. Jonathan Charleston; Ronald Dean Everhart
(Asian/Pacific); Debra Carroll Graves; Gail D. Hunter, Helen Ehobhayi Ijewere; Erma L.
Johnson; Robert Joseph Lopez (Hispanic); Robin Nannette Michael; Kathleen Faithe
O'Connell (Native American); Teresa Wynn Roseborough; Claire Ann Sanders; Steven
Henry Sindos; Robin Thompson; and Neil David Weber (Native American).
[Vol. 73
1995]
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[Vol. 73
Rhodon Spearman; Reneen Hewlett Tyler, and Daniel Thomas White (Native American).
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65. Minority members of the class of 1991 were Beverly Rice Allen; Saralyn Towanna
Alston; Asa Lee Bell, Jr.; Alicia DeLaney Brooks; Anita Brown-Graham; Michelle Smith
Cofield; Robert Terry Drakeford; Paul Wayne Drummond, Jr.; Athena Lynn Fox (Native
American); Leesha Lynnette Fuller; Diette McEntire Hansberry; Michael Anthony Hew;
Jeen Kim (Asian/Pacific); Kelli Kathryn Luck; William Henry Massenburg; Chrystal
Walker Redding; Beverly Lynn Rubin (Asian/Pacific); Maria Curras Scanga (Hispanic);
Reginald Tyrone Shuford; Janice Elaine Smith; Jerome Lafayette Smith; Obrie Smith, III;
Kenneth Alexander Soo (Asian/Pacific); Barron LeGrantStroud, Jr.; Edwin Joseph Tisdale
(Hispanic); Katrina Daphine Watson; and Ernest Eugene Yarborough.
66. Minority members of the class of 1992 were Rudolph Acree, Jr.; Keith Wayne
Allen; Fred Andrew Anderson; Julie Lynn Bell; Pamela Denise Brewington (Native
[Vol. 73
bers,67 Merlin Bass became a tax associate with Deloitte & Touch in
Based
on those students whom the author came to know during their en-
(Native American); Earl D. Brown, Jr.; Yvonne Emersonia Bulluck; Steaven Hong
Campbell (Asian/Pacific); Lori Grundy Christian; Lauren Michelle Collins; Letitia Carol
Echols; Aubrey W. Fountain; Simone Elizabeth Frier; Cheryl Lynette Head; Susan Maria
Hunt (Native American); Valerie Alston Johnson; Sheena W. Jones; Chiege Ojiugo Kalu;
Julia Jin-A Kim (Asian/Pacific); Vinatha Vijaya Linga (Asian/Pacific); Shelley Jane Lucas;
Felice Shanta McConnell; Loi Neeza; Deanne Johnson Nelson; Gloria Denise Ruiz
(Hispanic); Marjorie Johnice Smith; Renee Nicole White; Anthony Ray Williams; and
Jamie Melissa Woods.
1995]
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rollment, they too have the capacity and the drive to be achievers in
the same manner as, if not even better than, their predecessors.
CONCLUSION
One might well ask several questions about this project. What is
the purpose of a history of an institution written by those who are
associated with it? Surely the objectivity of such writers is questionable. How can those who are law professors with no formal training
in historical research methods be relied upon as authoritative? Surely
such writers will misinterpret important events. How can a nonsystematic, but rather, more or less anecdotal, arbitrary,, personal
knowledge, or even random selection of students and alumni to
discuss be useful?
Such questions deserve answers. For the author of this chapter,
this project of attempting to relate something about the history of
minorities and the University of North Carolina School of Law
became an occasion to revisit inspiring aspects of both minority
peoples' struggle for justice and an institution's struggle to adapt and
improve. Since most of the individuals discussed are persons with
whom the author is personally acquainted, the author was pleased to
systematically examine inspiring facts-some of which had long been
known to him, others he newly discovered-about these individuals
in the context of an analysis of the institution. The interplay of the
stories of individual achievements with the story of the institution's
growth presents a richer rendering of both this aspect of minority
peoples' struggle and of the institution's improvement, than could
have been achieved in an accounting of either alone.
These events are not seen from an objective perspective and the
presentation in this chapter does not purport to be objective. This
presentation is designed not merely to inform but also to inspire us to
hold onto the "great vision" until, at some distant time, it may come
closer to fulfilment. It should inspire those who have previously been
associated with the UNC School of Law, including especially those
alumni who love and care about the institution, to better appreciate
where it has come from, where it now is, and where it ought to be
trying to go. It should inspire those of us now associated with the
enterprise as students, staff, administrators, and faculty to understand
the struggle more fully, to acknowledge that diversity of backgrounds
and perspectives in the institution strengthens the educational value
for everyone, and to appreciate more adequately the accomplishments
of minorities after graduation. Moreover, the people currently
[Vol. 73
69. Prior to 1994, the University of North Carolina School of Law had never had a
minority enrollment that equalled 15%, although it reported 14.9% minority enrollment
in the 1995 Official Guide to U.S. Law Schools (Law School Admission Services, Inc.) 2229 (1994). Also in 1995 Official Guide to U.S. Law Schools, the following highly regarded
law schools reported minority enrollments that substantially exceeded the University of
North Carolina School of Law as follows: Yale Univ. 25%, Stanford Univ. 36%, Columbia
Univ. 27%, Harvard Univ. 27%, New York Univ. 23%, Univ. of Michigan 23%, Univ. of
Pennsylvania 21%, Georgetown Law Center 27%, Univ. of California at Los Angeles 39%,
and Univ. of California at Berkeley 36%. The entering class in 1994 at the UNC School
of Law indicates that the school's enrollment percentage is increasing, because the class
included 17.8% minority students.
1993.
Judith W. Wegner has long been interested in the role of
women as leadersin the legal profession. She is the author of
a biographical article on Kathrine Robinson Everett that
appearedin the 1992 Carolina Alumni Review. She, too, has
served as the chair of the University of North Carolina
Committee on the Status of Women. She became the first
woman dean of the UNC School of Law in 1989. In 1995,
Wegner will serve as the president of the Association of
American Law Schools, only the fifth woman to hold that
position in the Association's ninety-five-year history.
INTRODUCrION
In 1878 North Carolina became the sixth state, and the first
southern state, to admit a woman to the practice of law. Just six
years after the United States Supreme Court decided Bradwell v.
Illinois,' which upheld the denial of a license to practice law to Myra
Bradwell solely on the basis of her gender, the North Carolina
[Vol. 73
supra note 2.
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7. The following are the first 12 women admitted to practice in North Carolina. The
list includes name, county of admission, date of admission and the North Carolina
Reporter cite where their admissions are noted: Tabitha Ann Holton, Guilford, Jan. 1878,
78 N.C. v; Mrs. Lillian Rowe Fry, Swain, Fall 1911, 156 N.C. v; Julia McGehee Alexander,
Mecklenburg, Fall 1914, 166 N.C. vi; Margaret K. Berry, Orange, Fall 1915, 169 N.C. vi;
Stella Elizabeth, Phelps, Nance and Forsyth, Fall 1917,174 N.C. vi; Mrs. Irene Fay Graves,
Orange, Spring 1919, 177 N.C. vi; Miss Willie May Stratford, Mecklenburg, Fall 1919,178
N.C. vii; Miss Madeline Elizabeth Palmer, Mecklenburg, Fall 1919,178 N.C. vii; Mrs. Opal
I.T. Emry, Halifax, Fall 1919,178 N.C. vi; Frances Elizabeth McKenzie, Buncombe, Spring
1920, 179 N.C. vi; Katherine McDiarmid Robinson, Fayetteville, Fall 1920, 180 N.C. vii;
Louise Brevard Alexander, Greensboro, Fall 1920, 180 N.C. vi.
8. 175 N.C. 720, 95 S.E. 850 (1918).
9. North Carolina Supreme Court Minute Document, Addenda, Fall Term 1916-Fall
Term 1918.
10. UNC Chapel Hill General Alumni Association files.
[Vol. 73
history, the School of Law counted two women among its June
graduates. The first woman listed as a student editor of the North
CarolinaLaw Review was Daisy Strong Cooper in 1925.
The first woman justice of the Supreme Court of North Carolina
was Susie Marshall Sharp who graduated with honors from the School
of Law in 1929. Appointed to the supreme court in 1962, she became
chief justice in January 1973, the first woman elected as chief justice
of a state's highest appellate court in the nation's history." Her
election as chief justice was just one of the firsts in her career: Sharp
was the first female city attorney in North Carolina and the first
woman to serve as a North Carolina Superior Court judge. She was
often referred to as "North Carolina's first lady of the law."12 Sharp
served as a student editor of the North Carolina Law Review at
Chapel Hill. She entered practice with her father upon passing the
bar examination. 3
The first woman on the law faculty was Law Librarian Mary W.
Oliver, who was appointed in 1955. Ms. Susan Ehringhaus served on
the faculty in a three-year temporary appointment from 1970-73.
Other women faculty appointed in the 1970s include Gail Richmond,
who currently is a professor at Nova Law School and recently served
as acting dean at Nova; Susan Lewis, who now practices in Chapel
Hill; and Sally Sharp, who was appointed to the faculty in 1978 and
continues to serve there.
The first woman editor-in-chief of the North Carolina Law
Review was Doris Roach Bray, who edited Volume 44 in 1965-66.
Ms. Bray has enjoyed a distinguished career as a partner in the law
firm of Shell Bray Aycock Abel & Livingston in Greensboro. She has
a corporate practice that includes securities regulation and mergers
and acquisitions. Six other women have served as editors-in-chief of
the North Carolina Law Review: Joan Goren Brannon, 1970-71;
Teresa Wynn Roseborough, 1985-86; Jaye Powell Meyer, 1989-90;
Elizabeth Anne Janeway, 1990-91; Helga L. Leftwich, 1992-93; and
Amy Kathryn Johnson, 1993-94.
Eight women have served as president of the Student Bar
Association, beginning with Joyce L. Davis in 1973-74. Other women
11. Justice Sharp was not the first woman chief justice in the United States because
Arizona rotates the position; Loma Lockwood held the chief justiceship there prior to
Chief Justice Sharp's election. Ginny Carroll, Susie Sharp Is Sworn In; FirstWoman Chief
Justice, NEWS & OBSERVER (Raleigh), Jan. 3, 1975, at 19, 21.
12. Id. at 19.
13. Tom Sieg, Susie Sharp: She Broke New Ground Gently To Become N.C.'s Chief
Justice, WINSTON-SALEM JOURNAL, May 17, 1987, at A13.
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A.B.A.
19.
710
[Vol. 73
20. Id. at 2; see also Jane Wettach, Women in the Practice: The Struggle Continues,
NORTH CAROLINA STATE BAR QUARTERLY, Summer 1990, at 18-22 (reporting study by
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From the first woman graduate in 1915 to the class of 1994, the
careers of women law graduates have been varied, reflecting the wide
range of career opportunities available to women attorneys at
different points in the law school's history. For the following discussion, the authors selected one woman graduate as representative of
each decade. To the extent possible, the accounts that follow have
been prepared based on interviews or accounts of interviews with
women graduates of UNC over the last eighty years. In this way,
several generations of UNC women are able to trace both the
evolving experience of women as students at the law school and as
legal professionals, while at the same time providing personal insights
in their own uniquely "different voice."'
1910-19
Mrs. Opal I. T. Emry was born in 1884, received her law degree
in 1919 and was the ninth woman licensed to practice law in North
Carolina. Mrs. Emry held B.A. and M.A. degrees in botany from
Ohio State University and taught botany at both Ohio State and the
University of Arizona before enrolling at UNC. She was a scientific
assistant at the United States Department of Agriculture and a state
botanist at the North Carolina Department of Agriculture. There is
no record of whether she practiced law. Mrs. Emry was invited in
1970 to attend the Old Students Club luncheon, organized to
recognize individuals who graduated fifty years ago or more. The
letter of invitation was filled with references to the "Half-Century
Boys," "The Old Boys," and "Sons of the Alma Mater." Mrs. Emry's
terse reply was, "Why not sons and daughters? As I am not a son, I
do not consider myself invited." A quick response from the Alumni
North Carolina Association of Women Attorneys).
21. NORTH CAROLINA BAR ASSOCIATION, STATUS OF WOMEN, supra note 19, at 3.
22. See generally CAROL GILLIGAN, IN A DIFFERENT VOICE: PSYCHOLOGICAL
THEORY AND WOMEN'S DEVELOPMENT 1 (1982) (observing that in speaking of moral
problems and interpersonal relationships, "the women's voices sounded distinct" from
men's); MONA HARRINGTON, WOMEN LAWYERS: REWRITING THE RULES 7-9 (1994)
(asserting that women lawyers occupy the vantage point where the conventional roles of
women and the professional roles of men collide, which enables them not only to feel the
pressure of change, but to work to shape that change).
[Vol. 73
OBSERVER,
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She specialized in civil matters and worked on briefs and did title
work. In 1928 their son, Robinson 0. Everett, now a successful
attorney and law professor in Durham, was born. In 1951 Mrs.
Everett became one of the first two women to run successfully for the
Durham City Council.26 During these years and later she continued
to practice law with her husband and then her son. On the same day
in 1954, all three of the Everetts were admitted to practice before the
U.S. Supreme Court, a first for the Court.'
In 1990 Mrs. Everett was thought to be the oldest practicing
attorney in the United States.' She is remembered fondly by a host
of lawyers around the country. Her twenty years on the Durham City
Council and fair representation of many clients endeared her to many
26. Mary Semans was the other woman elected to the Durham City Council.
27. Jim Thornton, UNC School of Law Honors 97-Year-Old Durham Lawyer,
[Vol. 73
Charlotte, she met Julia Alexander, who was still in active practice.
Ms. Alexander (the first woman to argue and win a case before the
Supreme Court of North Carolina) was known as "Miss Carrie." Mrs.
Gillam had great admiration for Miss Carrie, describing her as a
character who once got confused in an introduction and presented her
to Judge William H. Bobbitt as Susie Sharp. Judge Bobbitt replied
that he knew Susie Sharp and this was not she. Sarah Gillam replied
that she certainly was not Susie Sharp, she was Sarah Starr.
During World War II, Mrs. Gillam went to work at the Office of
the State Attorney General in Raleigh. She did not want to accept
this position, but her father encouraged her because he felt it would
be excellent experience. During those years she became reacquainted
with classmate Moses B. Gillam, Jr., whom she married in 1942.
After the war, the Gillams decided to come back to Windsor, North
Carolina, where her husband's father and uncle had been in practice.
Sarah Starr Gillam remains a partner in the law firm of Gillam &
Gillam, where she practices with her husband and the younger of her
two sons. The older son, Bob, is Associate General Counsel for
Carolina Power & Light Company in Raleigh. Mrs. Gillam is active
in the Bertie County Bar Association and the North Carolina State
Bar and is still practicing after fifty-five years. Although she has
done extensive title work and some civil litigation, she was originally
interested in criminal law. Moses Gillam was the local prosecutor for
a number of years, however, and by the time criminal work ceased to
constitute a conflict of interest, her proclivities had changed. Mrs.
Gillam found law practice to be an excellent career for women.
Combining family responsibilities and law practice worked well for
her, but she credits practice in a small town with some of her success
in these demanding endeavors.
Sarah Gillam recognized law as a good career choice for women
long before there were many female law students or attorneys. The
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variety of types of practice and other uses to which one can put a
legal education make it most attractive, in her opinion. If Mrs.
Gillam could change one thing about the practice of law, it would be
to return to the ideal of law as a service profession. "It now seems
to be pure business, and that is too bad."3
1940-49
Bertha "Bea" Merrill Holt attended the University of North
Carolina School of Law from 1938 to 1940 and subsequently received
her degree from the University of Alabama in 1941. In the intervening years, she served her country, raised a family, traveled the world,
and contributed important leadership to the state through her twenty
years of service in the North Carolina General Assembly.
Bea Holt grew up in Eufala, Alabama, where her father was a
lawyer. She remembers that her calling to the law came early. In the
seventh grade, students were asked to write about their career
choices, and she wrote that she wanted to be a lawyer. Bea laughingly reports, "Everyone said I was nuts!" She notes that her decision
was "always an amazement for mother, who cried when I said I
wanted to go to law school."
Ms. Holt received her B.A. from Agnes Scott College in Decatur,
Georgia, during the Depression, and economic conditions required
that she give careful thought to how to pursue her dream of a legal
education. She had family ties to Chapel Hill through a cousin, Allen
Merrill (editor of the Daily Tar Heel and the proud possessor of a car
that she could share). She financed her education with the help of an
uncle and the state. She found the campus beautiful and the social
life a good deal of fun for someone who had just spent four years in
a women's college.
Bea enjoyed law school despite not having other women in her
class, and despite feeling she had no real mentors and few role
models. She remembers that women such as Sarah Starr Gillam,
Clover Johnson, and Virginia Douglas Bell had preceded her. She
also notes that Libby Shumate, who stood at the top of an earlier
class, had not been allowed to be editor-in-chief of the North Carolina
Law Review. Bea got on well with male students and recalls her first
meeting with her husband, Clary Holt, who received his J.D. in 1938.
While she was studying in the basement of the library, he came upon
30. Telephone interview with Sarah Starr Gillam, partner, Gillam and Gillam Law
Firm (July 18, 1994); UNC Chapel Hill General Alumni Association files.
[Vol. 73
her and insisted that she type something for him. Bea's retort ("I
never was a good typist. And who do you think you are?") led to an
enduring affection and a fifty-two-year marriage that is still going
strong. She was skilled at turning challenge into opportunity. She
recalls her first class with Albert Coates, who lectured her for twenty
minutes about law school's being a "rough go" for a woman. His
brusque approach failed to deter her thirst for a legal education.
"Besides," she quips, "my knees had turned to rubber, so I couldn't
walk out."
After graduation and success on the Alabama bar exam, Bea
found few doors open to women lawyers. Law firms recommended
that she get training as a secretary, and a bank where she applied to
be a trust officer told her that she would not be paid as much as a
man. She finally headed for wartime Washington, D.C., where she
worked for the United States Department of the Treasury and later
the Department of the Interior. She and Clary Holt became reacquainted, married, and returned to Burlington where he began to
practice. Still there were few opportunities for women lawyers. Bea
became a homemaker and raised three children, one of whom is the
manager of the rock band, R.E.M.
Ms. Holt began her long tenure in the North Carolina General
Assembly in 1975, when she was appointed to fill the unexpired term
of James Long. In the House she has earned a reputation for her wit,
good humor, candor, and ability. She stands up for what she believes
in, even though she may not win the day. For example, she called for
public hearings when the legislature considered reinstating retirement
for a judge who had been removed from the bench. None of her bills
passed during the remainder of that legislative session. On the other
hand, she has enjoyed moments of considerable triumph. For
example, in 1993 she served as chair of the legislative women's caucus
and forged an effective coalition that eliminated North Carolina's
marital rape exemption. In 1994 she was instrumental in shepherding
criminal-law reform proposals and in gaining support for capital
appropriations to begin planning for a new addition to the UNC law
school building.
Bea is a favorite speaker at the law school, and she is an active
member of the UNC Law Alumni Association Board. In words and
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deeds, she inspires those around her to keep their perspective and
sense of humor and to use their legal training for the public good.31
1950-59
Mary W. Oliver graduated from the School of Law in 1951 with
a totally different career plan from most graduates. Ms. Oliver
received her A.B. degree from Western Maryland College in 1940 and
her master of library science degree from Drexel University in
Philadelphia three years later. When she entered law school, she
already had had several years of library experience and had worked
at the University of Virginia Law Library. Ms. Oliver never
considered law school until after she had become a librarian. She
worked ten hours per week in the law library for Ms. Lucille Elliott
(UNC's first law librarian) while completing her legal education.
When Mary entered law school, there were only ten women in the
whole school, and only three graduated with her class. One entered
practice, one married and did not practice, and Ms. Oliver became a
law librarian and law professor.
While most of the faculty said that women were welcome in the
school, Ms. Oliver does not believe that the women really felt
welcome. Most male students treated the women quite well, although
there were a few who thought that the only place for women in law
was as legal secretaries. Because there were so few women, they did
not cling together but participated with male students in study groups
and the like.
Ms. Oliver's first job after graduation was as a researcher for
Albert Coates at the Institute of Government working with the
legislative commission studying North Carolina administrative
agencies. In September 1952, she became Assistant Law Librarian at
UNC despite other offers. Although Ms. Elliott would be retiring in
a few years, there was no assurance that Ms. Oliver would replace
her. Some members of the faculty thought it would be better to have
a man for the job. Nonetheless, in 1955 Ms. Oliver was -appointed
Law Librarian and Assistant Professor of Law. The University had
31. Interview with Bertha M. Holt, Representative to the North Carolina General
Assembly (July 1, 1994); Pat Bailey, Prison Cooking Grads Hear Alamance 'Lady
Legislator',DURHAM MORNING HERALD, Mar. 12, 1976, at 3B; Martha Waggoner, Rep.
Holt Creditedwith Success of MaritalRape Bill, NEws-ARGUS (Goldsboro, N.C.), July 30,
1993, at A12; UNC Chapel Hill General Alumni Association files. See generally Betty
Mitchell Gray, Women in the Legislature: A Force for the Future, 15 N.C. INSIGHT 2
(1994) (discussing the increasing numbers and growing influence of women in the North
Carolina General Assembly).
[Vol. 73
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Carolina for law school for a variety of reasons: its fine reputation;
her legacy (both her father and grandfather were graduates of the
School of Law); the affordability of a legal education at Carolina; and
scholarship support awarded by Dean J. Dickson Phillips, Jr., who was
"willing to take a chance on me."
There were five women in her class, but only she graduated in
1968. There were approximately four women in the class behind and
four in the class ahead of hers. Ms. Ehringhaus credits Doris Bray,
the first female editor-in-chief of the North CarolinaLaw Review, as
one of her role models: "She gave heart to everyone; I knew of her
and felt the power of her coattails. Further, her success kindly
disposed the faculty to women."
Ms. Ehringhaus says that she had a thoroughly positive law
school experience. Many women from this era report that they felt
isolated and sometimes alienated during law school; fortunately, this
was not Ehringhaus's experience. She feels that she had a first-rate
education at the School of Law and that she was fortunate to be
there.
Her first job was as an associate at the firm of Maupin, Taylor
and Ellis in Raleigh, followed by a year at the United States Justice
Department in the Appellate Section of the Antitrust Division. In
1970 she left the Justice Department and joined the UNC law faculty
for a three-year stint. Since 1974 she has served as Assistant to the
Chancellor and Senior University Counsel at the University of North
Carolina at Chapel Hill. She continues to teach part-time in the
School of Law. Ms. Ehringhaus loves her job and being part of the
University's noble tradition. Her colleagues are not just lawyers; she
enjoys contact with the faculty and finds the variety of backgrounds
especially interesting. She describes the work as similar to being inhouse counsel to an $800 million business with all of its attendant
challenges.
The School of Law, she says, "should inspire young people to
know that they can belong to this group. Once one becomes a part
of the profession, it is important to reach back and help younger
people; this is no less than a professional responsibility." 2
32. Telephone interview with Susan H. Ehringhaus, Assistant to the Chancellor and
Senior University Counsel at UNC Chapel Hill (June 29, 1994).
[Vol. 73
1970-79
S. Elizabeth Gibson received her law degree in 1976. In the
ensuing years, she distinguished herself as one of the first women to
clerk for a justice of the United States Supreme Court and as one of
the most talented and beloved members of the current UNC law
faculty.
Gibson grew up in Raleigh, and, like many young women of her
generation, planned to become a teacher. She was inspired by active,
involved women in her family, including her mother and her aunt
Frances Satterfield, who was active in the Democratic Party and
worked in the Women's Bureau of the Department of Labor.
Gibson considered the possibility of a legal career while attending
Duke University as an undergraduate, but remained unsure. After
working for a year in Washington, D.C., at the Department of
Justice's Civil Rights Division, she found that she missed being on a
college campus and decided to take the LSAT. Success on the exam
boosted her confidence and she decided to enter UNC, which she
considered to be a good school at an affordable price. She hoped that
there she would come to know those with whom she would work in
law practice.
Gibson's experiences at law school were different from those of
the women who preceded her. Her class had an enrollment of
approximately twenty percent women in contrast to the much lower
proportion in earlier years. The class was different in other respects
as well. Returning veterans of the Vietnam War seemed to add a
tone of seriousness of purpose to the school, and women were more
readily treated as equals by most of their male classmates. A few
men continued to comment unkindly about outspoken women in their
classes. Some others played cards and seemed to enjoy relatively
uncomplicated lives while their wives worked to put them through law
school. Change was the order of the day, however, and institutional
fixtures such as the North CarolinaLaw Review changed in tone and
character. Professors were fair and respectful, although their
awkwardness seemed unavoidable when they asked whether women
preferred to be called "Mrs." or "Miss." Women students generally
survived with good grace and enjoyed feeling like pioneers.
Law faculty members such as Paul Verkuil, Susan Lewis, and
Gail Richmond were mentors who provided encouragement at key
moments. At the end of her second year, Gibson met United States
Circuit Judge J. Braxton Craven, Jr., the UNC law graduation
speaker; she was invited to interview for and was offered a judicial
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clerkship with him. Fellow law clerk (now husband) Robert Mosteller
encouraged her to pursue a clerkship with a United States Supreme
Court justice. She interviewed unsuccessfully with Justice Lewis F.
Powell, Jr., and later was invited to interview with Justice Byron R.
White. She became Justice White's first female clerk and one of only
seven female clerks at the Supreme Court during its 1977 term.
Gibson then practiced with the firm of Shea & Gardner in
Washington, D.C. She found Shea & Gardner "just the right place"
for someone who valued intellectual challenge and took pride in her
work. She was made a partner in 1983, just before she joined the
UNC law faculty.
Professor Gibson enjoys her job as a faculty member at UNC.
She is well respected by her colleagues, including those who were her
teachers. Professor Gibson teaches courses in civil procedure, federal
jurisdiction, and bankruptcy. She received awards for teaching
excellence from the classes of 1988 and 1991. Professor Gibson has
also become a nationally-respected scholar on the procedural and
jurisdictional aspects of bankruptcy. She has written for and worked
closely with federal bankruptcy judges on the handling of large
corporate "mega-bankruptcies." Professor Gibson became the first
woman to be named to a distinguished professorship at the UNC
School of Law when she became Burton Craige Professor of Law in
1993.
1980-89
Teresa Wynn Roseborough graduated in 1986 as the first AfricanAmerican woman to serve as editor-in-chief of the North Carolina
Law Review. Ms. Roseborough had long been interested in the law
as a tool for social change, an interest which she credits to being a
child old enough to appreciate but too young to participate in the civil
rights movement. Attorneys for the NAACP Legal Defense Fund
Ms.
and justices of the Supreme Court were her heroes.
Roseborough, whose B.A. is from the University of Virginia, also has
a master's degree in education from Boston University and is the first
lawyer in her family.
Women comprised over forty percent of the first-year class when
she entered, but there were only twenty-two African-American
students; however, this was a tremendous improvement over the
previous two years. She credits Professor Harry Groves as her role
model for his strong interest in individuals and for caring so much
that students develop strong legal analytical skills. Although he ran
a tight ship in class, he encouraged students to rely on their own
[Vol. 73
Judge Phillips is "all of what a judge should be, both as a scholar and
a human being." Justice Stevens, she says, is such a wonderful person
that she "would work for him if he were running a service station."
Ms. Roseborough entered private practice with the firm of
Sutherland, Asbill & Brennan in Atlanta in 1988. When she was
hired there was only one woman partner, and the firm had policies
that permitted partners to entertain clients at race- and genderrestrictive clubs. These policies changed soon thereafter, and the firm
no longer reimbursed attorneys for entertainment in such establishments. She found that some sections of the firm were very welcoming
to women, but others reflected the difficulty women have entering allmale professions. Too many male attorneys view women as unwilling
to make the sacrifices to have a successful career, Ms. Roseborough
believes; at the same time, they fail to recognize that a large percentage of male attorneys have stay-at-home wives.
After five years at the firm, Ms. Roseborough joined Assistant
Attorney General Walter Dellinger as one of his deputies at the
Office of Legal Counsel in the Justice Department. Although she
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1990-94
Amy Kathryn Johnson graduated first in her class in 1994 and
served as editor-in-chief of the North CarolinaLaw Review. With an
undergraduate degree in business administration from the University
of Michigan, Ms. Johnson decided on law as a career in her senior
year, even though she has no other family members or close family
friends who are attorneys. She chose law school because studying law
affords numerous career opportunities.
Ms. Johnson reports that her experiences at the law school were
uniformly positive, due in part to the fact that women comprised
forty-three percent of her entering class. When she became editor of
the North CarolinaLaw Review, she found many of the faculty quite
helpful, especially Professors Louis Bilionis and Richard Rosen. She
can recall no instance in which she felt that her gender was a liability.
Ms. Johnson began clerking for Judge J. Dickson Phillips, Jr., of
the United States Court of Appeals for the Fourth Circuit after taking
the July 1994 North Carolina bar exam.
CONCLUSION
724
[Vol. 73
much deeper and longer history of women affiliated with the UNC
School of Law than is readily accessible or adequately documented.
This short essay has sought to fill that gap by more fully tracing
the increasing presence of women at the UNC School of Law and
more fully canvassing the history of women's entry into the legal
profession. While it is impossible to predict the future, it seems likely
that the substantial presence of women in the law school will lead to
a continuing pattern of transformation of legal institutions, the legal
profession, and its traditions as women make their voices heard and
share their own experiences and values with their male colleagues.
Academic Programs
THE CHANGING COURSE OF STUDY:
REFLECTIONS
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JUDITH WEGNER
1. See Richard A. Rosen, Clinical Legal Education, 73 N.C. L. REV. 751 (1995).
2. See ROBERT STEVENS, LAW SCHOOL: LEGAL EDUCATION IN AMERICA FROM
THE 1850s TO THE 1980s (1983). Several earlier studies of American legal education also
[Vol. 73
remain relevant. See HERBERT L. PACKER & THOMAS EHRLICH, NEW DIRECTIONS IN
LEGAL EDUCATION 164-328 (1972) (reprinting Alfred Z. Reed's seminal 1921 study,
Trainingfor the Public Professionof the Law; Preble Stotz's reflections on the Reed study,
Training for the Public Profession of the Law (1921): A Contemporary Review; and
Brainerd Currie's important commentary, The Materialsof Law Study, originally published
in 1951 and 1955).
3. See Albert Coates, The Story of the Law School at the University of North
Carolina,47 N.C. L. REV. 1 (1968).
4. STEVENS, supra note 2, at 205.
5. A recent law suit by the Massachusetts School of Law challenging the role of the
American Bar Association in law school accreditation has reignited the more fundamental
debate, however. See Ken Myers, Law School Suit AgainstAccreditation Officials, NAT'L
L.J., Dec. 6, 1993 at 4.
6. STEVENS, supra note 2, at 210 (quoting ABA Survey of the Legal Profession, in
LOWELL S. NICHOLSON, LAW SCHOOLS OF THEUNITED STATES 21 (1958)).
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727
[Vol. 73
17. Id.
18. Id. at 34-36 (describing "secularization" as the "prime intellectual cause of the
contemporary malaise in legal education," and suggesting a renewed emphasis in the legal
curricula on the three dimensions of "justice" defined by Calvin Woodard: the needs of
private individuals (the "practical aspect"), problems too complicated or too far reaching
to be resolved on a piecemeal basis (the "collective aspect"), and speculation about the
nature and role of law in any of its variegated forms (the "philosophical, or theoretical
aspect")).
19. The Carrington report was published initially in AALS, PROCEEDINGS, Pt. 1, Sec.
2 (1971). It is set forth in full at Appendix A of PACKER & EHLICH, supra note 2.
1995]
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729
[Vol. 73
diminish the role of the case study and increase students' exposure to the day to day
realities of legal practice).
25. A more in-depth critique of law school pedagogy is found in THOMAS L. SHAFFER
& ROBERT S. REDMOUNT, LAWYERS, LAW STUDENTS AND PEOPLE (1977).
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26. Articles on curricular reform published during this period include Anthony G.
Amsterdam, ClinicalLegalEducation-A 21st Century Perspective,34J. LEGAL EDUc. 612
(1984); Robert A. Gorman, Legal Education at the End of the Century: An Introduction,
32 J. LEGAL EDUC. 315 (1982); Geoffrey C. Hazard, Jr., CurriculumStructure and Faculty
Structure, 35 J. LEGAL EDuc. 326 (1985); Frank I. Michelman, The Parts and the Whole:
Non-Euclidean CurricularGeometry, 32 J. LEGAL EDuC. 352 (1982); James Boyd White,
Doctrine in a Vacuum: Reflections on What a Law School Ought (and Ought Not) to Be,
36 J. LEGAL EDUC. 155 (1986).
27. Todd D. Rakoff, The Harvard First-Year Experiment, 39 J. LEGAL EDUC. 491
(1989).
28. Kristine Strachan, CurricularReform in the Second and Third Years: Structure,
Progression,and Integration, 39 J. LEGAL EDUC. 523 (1989).
29. See, e.g., Daan Braveman, Law Firm: A First-Year Course in Lawyering, 39 J.
LEGAL EDUC. 501 (1989) (recounting Syracuse's experience); Jacqueline M. Nolan-Haley
& Maria R. Volpe, Teaching Mediation as a Lawyering Role, 39 J. LEGAL EDuc. 571
(1989) (discussing the growth and methodology of law school mediation instruction);
Leonard L. Riskin & James E. Westbrook, IntegratingDispute Resolution Into Standard
First-Year Courses: The Missouri Plan, 39 J. LEGAL EDUC. 509 (1989) (discussing the
experience of the University of Missouri-Columbia School of Law).
30. See, e.g., David Link, The Pervasive Method of Teaching Ethics, 39 J. LEGAL
EDUC. 485 (1989).
31. See, e.g., Curtis J. Berger, A Pathway to CurricularReform, 39 J. LEGAL EDUC.
547 (1989); Eleanor M. Fox, The Good Law School, the Good Curriculum, and the Mind
and the Heart,39 J. LEGAL EDUC. 473 (1989).
[Vol. 73
32. ABA SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR, REPORT
OF THE TASK FORCE ON LAW SCHOOLS AND THE PROFESSION: NARROWING THE GAP,
LEGAL EDUCATION AND PROFESSIONAL DEVELOPMENT-AN EDUCATIONAL CONTINUUM (1992).
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HistoricalEvolution
39. Henry Brandis, Jr., The Law School, 28 N.C. L. REv. 73, 81 (1949).
40. Henry Brandis, Jr., The Law School, 35 N.C. L. REV. 63, 67 (1956).
41. Henry Brandis, Jr., The Law School, 38 N.C. L. REV.62, 68 (1959).
42. Id.
43. J. Dickson Phillips, Jr., The Law School, 43 N.C. L. REv. 110, 116 (1964).
[Vol. 73
44. J. Dickson Phillips, Jr., The Law School, 44 N.C. L. REV.127, 135 (1965).
45. J. Dickson Phillips, Jr., The Law School, 45 N.C. L. REv. 152, 159 (1966); J.
Dickson Phillips, Jr., The Law School, 46 N.C. L. RaV. 71, 77 (1967).
46. J. Dickson Phillips, Jr., The Law School, 48 N.C. L. REv.79, 85 (1969).
47. J. Dickson Phillips, Jr., The Law School, 49 N.C. L. REv. 122, 128 (1970).
48. For the Record: CurriculumReform, N.C. L. REC., (UNC School of Law Student
Bar Association, Chapel Hill, N.C.), Nov. 1970, at 6-8.
49. Id.at 6-7.
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including such items as drafting wills and contracts, writing briefs and
memoranda, oral advocacy and courtroom procedure"; (2)
"increas[ing] the number of courses which deal with the legal context
of the problems of today"; and (3) "allow[ing] students on their own
initiative to qualify for admission to the bar before they receive their
degree ... [by taking] the Bar Exam early or ... provisional
admission to the bar allowing a student to work with a lawyer or to
accept certain types of cases only." 50 The next years' deans' reports
heralded more significant shifts in the UNC curriculum, including the
introduction of a "small-section" program for the first-year class
(coupling classes of approximately thirty students with instruction in
legal research and writing); 5' new courses and seminars in such
subjects as administrative law, social legislation, and consumer
credit;52 implementation of joint degree programs with the School of
Business Administration and the Department of City and Regional
Planning; 3 enhancement of practice-oriented offerings related to tax
law;54 approval in principle of clinical instruction in conventional
courses and development of specialized clinical offerings;5 5 and
adoption of faculty legislation authorizing third-year law students to
be certified under the North Carolina third-year practice rule.56 The
subsequent evolution of the Law School's clinical program throughout
the 1980s and 1990s is detailed elsewhere in this history. 7
B.
50. Id. at 8.
51. J. Dickson Phillips, Jr., The Law School, 50 N.C. L. REV. 75, 82-83 (1971).
52. J. Dickson Phillips, Jr., The Law School, 51 N.C. L. RFv. 517, 524 (1973).
53. Id.
54. J. Dickson Phillips, Jr., The Law School, 52 N.C. L. REv. 575, 580-81 (1974).
55. Robert G. Byrd, The Law School, 53 N.C. L. REv. 959, 967 (1975).
56. Robert G. Byrd, The Law School, 54 N.C. L. REv. 845, 852 (1976).
57. Rosen, supra note 1.
58. The University of North Carolina School of Law, Academic Advising Handbook,
1994-1995, 1-2 (1994).
[Vol. 73
law, torts, and property law; and (3) assist students in developing
important law-related skills in the areas of legal resarch and writing.
Substantive coverage remains quite traditional, with most basic
courses (other than criminal law) receiving six hours of credit and
running throughout both semesters.5 9 This approach was reaffirmed
by the faculty in 1992, as a means of providing adequate flexibility in
each basic course and permiting professors in both large and smallsection courses to train their students in legal analysis as well as
60. Henry Brandis Professor Charles Daye was instrumental in the creation of the
LEAP program, beginning in 1986, and in national efforts of the Law School Admissions
Council and the Association of American Law Schools to develop effective approaches to
providing academic support. The LEAP program was subsequently directed by Professor
Barry Nakell. It has been significantly redesigned by the current Director of Research and
Writing and LEAP, Associate Clinical Professor Ruth McKinney.
61. See Paula Lustbader, Presentation at Law School Admission Council Academic
Assistance Training Workshop (June 4, 1992) (discussing relevant learning theory).
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[Vol. 73
62. The UNC School of Law has established cooperative programs with the Universite
Jean Moulin-Lyon III, France; and Katholieke Universiteit Nijmegen, the Netherlands; and
is establishing cooperative programs with the Universidad de Costa Rica, the University
of Manchester, England, and the St. Petersburg University, Russia. For more detailed
discussion of the school's international programs, see Jerry W. Markham, The North
Carolina Journal of International Law and Commercial Regulation and International
Course Offerings, 73 N.C. L. REv. 807 (1995).
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III.
It is impossible, of course, to predict with accuracy the development of law school curricula by the middle of the twenty-first century.
The past is ever prologue, however, and the events of the past fifty
years provide some lessons that may usefully be borne in mind.
1.
63. PACKER & EHRLICH, supra note 2, at 22-23 (quoting Bayless Manning, American
Legal Education: Evolution and Mutation-Three Models, Address before the Western
Assembly on Law and the Changing Society, June 12, 1969).
740
[Vol. 73
Most legal educators would agree with Manning and would find it
difficult to eliminate one or more of these important objectives.
Assuming such a baseline, it might be possible to narrow a law
school's mission to one or more of the following, described in Paul
Carrington's 1971 report: training individuals for general practice as
lawyers; training lawyers desiring special comptence in particular
fields; training scholars capable of interdisciplinary research; training
individuals for careers in the delivery of legal services as members of
allied professions; and training about law for students motivated by
intellectual curiosity, by uncertainty of career goals, or by career goals
in other disciplines. 64 Most law schools have continued to attempt
to train all-round lawyers and those with uncertain career goals, while
many have developed specialities in one or another area as a way of
distinguishing themselves. Increasing financial pressures may well
give schools an incentive to narrow their choices, but competition for
a dwindling pool of law school applicants and the inertia associated
with curriculum formulations adopted in more favorable times is likely
to lead most schools to demur.
3.
Legal educators take as a tenet of faith that the first year of law
school trains students to "think like lawyers," and introduces them to
core subject matter. Historical experiments, at the University of
North Carolina and elsewhere, endeavored unsuccessfully to separate
training in "legal methods" or "legal analysis" from substantive
instruction in traditional fields; it is unlikely that this experiment will
be repeated while memories of these earlier experiments remain. The
principal debate will accordingly continue to swirl around the
substantive subject matter that forms the core of the first-year
curriculum and through which students are introduced to the art of
legal analysis.
The debate can be formulated in only a limited number of ways:
(1) certain subject matter is so critical as a foundation for subsequent
instruction that it requires a particular duration of coverage at the
very outset of students' legal education (the "foundational" argument); (2) certain subject matter is particularly conducive to working
with students to develop their abilities as legal analysts (the "methodological" argument); (3) certain subject matter reflects the core values
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accommodate subsequent choices (the "pragmatic balance" argument); and (5) students should be instructed in fundamental skills
(such as research and writing) or professional values (such as legal
ethics) during the first year in view of the growing recognition of the
importance of and need for such training (the "compelling priorities"
argument).
Will one of these recurring arguments carry the day at last? The
emerging view seems less to reflect the ascendency of one or another
of these viewpoints and more to represent inevitable compromise.
The trend has been to maintain traditional core subject coverage in
the first year, but to cut back on hours (often from six semester hours
to four or five) in order to accommodate one or another of the
competing concerns noted above. The law school of the twenty-first
century is therefore likely to maintain a first-year curriculum
reminiscent of the curriculum of the current decade: some combination of common law courses (torts, property, contracts, criminal law);
civil procedure (perhaps redefined as "disputes and disputing" or
"judicial and administrative process"); constitutional law; and
introduction to lawyers' values and skills (a combination of legal
ethics, research, and writing).
4.
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legal ethics" program that uses oral history techniques to link law
students with lawyers and judges who share their insights on the
development of personal and professional values in ways that
stimulate students to explore such questions on a deeply personal
basis.
Other schools, such as the University of New Mexico, are
experimenting with carefully structured mentoring programs, linking
law students with practicing lawyers. Many schools cooperate with
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ideas but feelings that influence student learning within the law school
setting."
How might such changes come into being? A growing number
of law schools have now hired professionals with training in psychology or educational theory, either as directors of legal research and
writing courses, directors of academic support programs, or directors
of career development and services programs. Assistant deans for
student affairs have also become more common in American law
schools and assistant and associate deans have begun to have more
access to professional development programs emphasizing learning
theory and informal networks of colleagues with interests in such
fields. Changing law student populations have also introduced a
growing number of mature students who have had extensive work and
life experience. Faculty members, particularly women and members
of minority groups, have come to appreciate the importance of
institutional culture and climate in influencing their own professional
development. Taken together, such diverse influences are likely to
stimulate a more self-conscious examination of how students learn,
how faculty teach, and how communities foster professional and
personal development for all their members.
IV.
CONCLUSION
71.
See SHAFFER
& REDMOUNT,
supra note
25, at 193-229.
RICHARD A. ROSEN
[Vol. 73
1. One of the earliest programs was begun by Professor Paul E. Wilson at the
University of Kansas in 1965. Paul E. Wilson, Legal Assistance Project at Leavenworth,
24 LEGAL AID BRIEF CASE 254, 255 (1966).
1995]
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2. Other committee members were Joe Kalo, Ron Link, Dave Rudolf, and student
Mark Kirby.
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1995]
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Civil Legal Assistance Clinic provided law students with an opportunity to represent indigent clients in civil cases under the direction
of a supervising attorney. The Civil Legal Assistance Clinic was
3. This move was made largely for educational reasons: Because of the vagaries of
post-conviction and prisoners' rights litigation, and especially the length of time it takes
to litigate these cases, they were considered particularly difficult to use as educational
vehicles.
4. Even after the demise of the Appellate Defender Clinic, the law school has in
some years offered an Appellate Defender seminar patterned on the clinic.
754
[Vol. 73
The first half of the 1980s was a time of rapid expansion and
turnover in clinic personnel. In 1982 David Rudolf, having accomplished his major goal of establishing a clinical program at UNC, left
the law school to enter private practice. I left my supervising attorney
position to take over as acting director of clinical programs for the
1992-93 school year, and at the end of that year I was appointed to
the position on a permanent basis. In 1983 Jovita Flynn, the secretary
in the clinic, left to return to graduate school, and she was replaced
by Shelby Mann, a graduate of Alamance Community College who
had been working at the law school since 1978.
The 1982-83 school year saw three new supervising attorneys
starting work at the clinic. The two criminal clinic positions, open
with my move to director and Patricia Lemley's departure for private
practice in Virginia, were taken over by Mark Olive and William
Larimer. Mr. Olive was lured to Chapel Hill from his position as a
clinical faculty member at the University of Tennessee School of Law.
Mr. Larimer had graduated from UNC in 1975 and since that time
had established himself as one of the preeminent criminal defense
attorneys in Orange County. The initial supervising attorney in the
Civil Legal Assistance Clinic was Jean Cary, a 1975 Georgetown
University Law Center Graduate who had practiced as a Legal
Services Attorney in Charlotte and Raleigh, and who had been the
statewide Coordinator of the Public Benefits Task Force for Legal
Services attorneys immediately prior to accepting the job with UNC.
1995]
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Clinic, 1985 was the year when Mark Olive departed to litigate death
penalty cases in Florida. Mr. Olive was replaced by Michelle
Robertson, a 1982 UNC School of Law graduate who had practiced
criminal law in Durham and Chapel Hill, and who had the honor of
being the first clinic graduate to return as a supervising attorney in
the clinic.
Several more personnel changes occurred in the late 1980s. Both
Jean Cary and Lucie White left the Civil Legal Assistance Clinic; they
were replaced by Walter Bennett and Alice Ratliff Mr. Bennett, who
joined the clinic faculty in 1986, is a 1972 University of Virginia Law
School graduate. After more than a decade practicing law and
serving as a District Court Judge in Charlotte, Mr. Bennett returned
to Virginia for an LL.M. degree, which he received with honors in
1986. Prior to joining the law faculty in 1987, Ms. Ratliff, who
graduated from UNC School of Law in 1976, practiced with the North
Central Legal Assistance Program in Durham, where she served as
both Managing Attorney and Acting Director.
THE CLINICAL PROGRAMS: Now AND THE FUTURE
[Vol. 73
attorneys in the Criminal Law Clinic, and Alice Ratliff and Walter
Bennett in the Civil Legal Assistance Clinic.8
The clinical programs have become an integrai part of legal
education at UNC-Chapel Hill, in large part because of the continued
demand for and appreciation of clinical legal education by the student
body of the law school. There is little doubt that student desire for
clinical education was the main factor behind the law school's initial
foray into clinical legal education, and student support for clinical
legal education has remained strong. In 1982 the law school's clinical
committee sent out a questionnaire to clinic alumni asking for their
evaluation of their clinical experience.
The responses were
unanimously positive, and helped to fuel the continued growth and
consolidation of the clinical program in the ensuing years. Moreover,
law school graduates who participated in a clinic continue to show
their appreciation with words of praise and financial contributions to
a separate endowment established specifically to benefit the clinical
programs.9
Yet it is just this popularity of the clinical programs that has led
to two interrelated difficulties now facing the clinical program at the
law school. One is a space problem-the modular building provided
for the clinic over a decade ago, when the clinic was less than half its
present size, has proven to be inadequate. The second is the surging
demand for a clinical experience, so that over the last several years
dozens of students each year who wish to participate in a clinic find
themselves unable to do so.
The first problem should be solved with the building of an
addition to the law school-the plans for the addition include
significant space for offices for clinic faculty and students. The second
significant administrative responsibilities for the management of the clinical programs.
8. Mr. Bennett is currently beginning a leave of absence from the clinic to work on
an oral history project funded by the Keck foundation. See Lawyers Talking: UNC Law
Graduatesand Their Service to the State, 73 N.C. L. REV. 849 (1995). During the 1994-95
school year, Mr. Bennett will be replaced by Hazel Mack, a Temple Law School graduate
who has been serving as Managing Attorney for the Legal Aid Society of Northwest North
Carolina, Inc., in Winston-Salem, North Carolina. During an earlier leave, Mr. Bennett's
position was occupied by Susan Stancill, a 1988 UNC School of Law (and clinic) graduate.
9. The clinical programs have also reaped praise from others in the legal community.
In one interview, now Chatham and Orange County District Attorney Carl Fox told a
reporter that "[Clinic students] are well prepared-probably better prepared than most
attorneys." UNC Legal Clinics Helping Many, THE CHAPEL HILL NEWSPAPER, Oct. 15,
1984, at 7B. According to District Court Judge Stanley Peele, "The clinic program
produces a graduate who is a thousand percent better when he starts his practice. ....
[Clinic students] show the way a case ought to be tried." Cornelia Lee, Champions For
Justice, CAROLINA ALUMNI REVIEW, (Chapel Hill, N.C.), Spring 1988, at 28-29, 35.
1995]
SESQUICENTENNIAL
program and the school in the area of clinical legal education, they
can be attributed in large part to the determination of the school's
leaders to provide only the best in the way of legal education.
10. The summer program, which was financed by a grant from U.S. Department of
Education, consisted of two sections of the Criminal Law Clinic. The supervising attorneys
were Michelle Robertson of the clinic staff and Grady Jessup, a visiting North Carolina
Central Law School faculty member with extensive experience as an assistant public
defender in Charlotte, North Carolina. The grant will also provide for a summer clinic in
1995, but beyond that funding is uncertain.
MARTHA
B. BAREFOOT
1995]
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759
Manning Hall for additional study areas and rushed to place orders
for new library materials while attempting to continue the personal
service formerly provided for students, faculty, and outside users of
the library. This proved an almost impossible task, made more
difficult by a lack of funds and a constant turnover of student
workers, each of whom had to be trained in the intricacies of a law
library and its resources. Simultaneously, the interest of the University's social science departments in the resources available in the Law
Library made the inadequacies of the library's physical space and
equipment more obvious than ever. The library staff struggled to
provide service to a constituency that had more than quintupled in a
two-year period.
Because of overcrowding in the library's study space after the
war, the law school was -assigned the use of a temporary structure
(formerly used by the pre-flight school) located behind Manning
Hall.3 In 1947 a second federally funded temporary structure was
erected and equipped with library furniture, books, and student desk
staff:4 Although the structure was designed for the use of the large
first-year class, problems of poor lighting, insufficient heat, noise, and
distance from the general collection made it less than desirable, and
actual student use of the space was limited. Correction of some of
these problems and the addition of more reference books led to
increased use of the structure. During the second semester, such
temporary structures only exacerbated the problems of a collection
now scattered over four floors, seven reading rooms, and two
annexes.5 With limited desk staff, such a layout was difficult, if not
impossible, to administer efficiently.
A second problem facing the staff of the Law Library was how
to keep up with the cataloging and recordkeeping for a collection
growing exponentially. One solution the school seriously considered
was to have the Law Library cataloging and recordkeeping handled
by the main library at least on a temporary basis. Administration
hoped that the main library catalogers could refine and standardize
the Law Library records, conduct an inventory of the collection, bring
the card catalog up to date, and "leave the work in such shape that
the Recordation Department of the Law Library can by carried by
1946-
1947, at 1 (on file with the Kathrine R. Everett Law Library, UNC School of Law).
4. UNC SCHOOL OF LAW, ANNUAL REPORT OF LAW LIBRARIAN 1947-1948, at 1 (on
file with the Kathrine R. Everett Law Library, UNC School of Law).
5. Id. at 1-2.
[Vol. 73
one person." 6 This was deemed the most sensible solution; others
required infusions of money from a legislature disinclined to provide
funds.
The result of this solution was confusion of affiliation: was the
Law Library a branch or departmental library, or was it an independent library? The issue of autonomy would be a subject of frequent
study over the next eight years and was not completely resolved until
1955 when all personnel and policy decisions, book selection, budget,
and technical services functions were centralized in the Law Library.7
By 1949, the Law Library was at a crossroads. With inadequate
resources for the growing student body, a small staff plagued by
constant turnover, an administrative policy growing more convoluted
and complex yearly, and a diminished status among comparable
libraries in the country,' Lucille Elliott found it necessary to petition
the law school administration to conduct long-range planning for the
Law Library. She asked that policies, staffing, collections, and
clientele be inventoried and that the law school decide whether the
library should become a branch of the University library or be an
autonomous library with all of the extra financial support from the
school that such a relationship would bring. She also pointed out that
in order to regain its former prestige among American law libraries,
the library needed an infusion of money to purchase new materials
and refurbish older items. This was a necessary accompaniment to
any decision leading away from branch library status. A corollary to
Ms. Elliott's suggested changes was the need for acquisition of
additional library space. This specific need was quickly answered.
LIBRARY SPACE
The law school had moved into Manning Hall in 1923; by the late
forties, the growing library collection, expanded faculty, and exploding
student body required the use of three annexes to accommodate the
overflow. The news of a new addition to Manning Hall was greeted
with great pleasure by members of the library staff, who were finding
it increasingly difficult to maintain a library the components of which
6. Id. at 3.
7.
OF AcrIvrrIEs, JULY 1954-JuNE 30, 1955, at 1 (on file with the Kathrine R. Everett Law
Library, UNC School of Law, Chapel Hill, N.C.).
8. REPORT OF THE CHANCELLOR AND THE LIBRARIAN OF THE UNIVERSITY OF
NORTH CAROLINA ON CONDITIONS IN THE LAW LIBRARY, 1948-1949 (on file with the
Kathrine R. Everett Law Library, UNC School of Law, Chapel Hill, N.C.).
1995]
SESQUICENTENNIAL
N.C.).
11. Act of June 10, 1965, ch. 915, 2, 1965 N.C. Sess. Laws 1230, 1231.
12. LAW LIBRARY UNIvERSITY OF NORTH CAROLINA ANNUAL REPORT, JULY 1,
1965 THROUGH JUNE 30, 1966, at 1 (on file with the Kathrine R. Everett Law Library,
UNC School of Law, Chapel Hill, N.C.).
[Vol. 73
1995]
SESQUICENTENNIAL
little room for expanding the new computer and CD-ROM work
stations proliferating in the current information environment. New,
expanded library space, correctly wired and arranged for the extensive
use of computers and electronic systems, is necessary to facilitate
service to users.
THE LIBRARY DIRECroRs
The Law Library has been fortunate in its three directors, whose
abilities and vision led the facility as it progressed from a small local
collection to one of the leading law libraries in the Southeast. To
chronicle the progress of the library is to acknowledge the strengths
of each director.
The law collection became known as the Law Library in 1907,
but it was not until 1923 that a permanent custodian was named to be
in charge of the collection. The first custodian, who later became the
first law librarian, was Lucille Elliott. When Miss Elliott became parttime custodian of the Law Library in the summer of 1923, the
collection numbered about 7,000 volumes. By the time she retired as
law librarian in 1955, the collection was more than ten times larger,
with approximately 70,000 volumes. Miss Elliott was an active
member of the American Association of Law Libraries, attending the
Association's annual meetings after the war (when travel funds were
available) and serving as president of the organization in 1953-54.
Mary Oliver began working as a student assistant in the Law
Library in November 1949.13 For ten hours a week she and one
other student assistant attempted to maintain the recordkeeping and
cataloging of new books for the Law Library. Perhaps it was this
early work in the library that helped guide her when she became law
librarian; when asked what she considered her greatest accomplishment, she replied, "Lucille Elliott built a great library collection
with very little money; I wanted to continue building a great
collection but also wanted to make sure that we14had good records so
that people could make use of that collection.,,'
Ms. Oliver received her degree in library science from Drexel
University and her J.D. from the University of North Carolina. She
became assistant law librarian in 1952 and law librarian in 1955. By
the time she retired in 1985, she had steered the library through thirty
13.
FOR THE YEAR 1949-50, at 12 (on file with the Kathrine R. Everett Law Library, UNC
764
[Vol. 73
1995]
SESQUICENTENNIAL
COLLECTION
15. Henry Brandis, Jr., The Law School, 35 N.C. L. REv. 63, 66 (1956).
766
[Vol. 73
governments and law schools. Such exchanges meant that for a small
In March 1975, Mary Oliver and Kathleen Price (the law librarian
at Duke University) met to discuss ways in which the two law schools16
could cooperate in the development of their research collections.
Although many titles had to be duplicated in both libraries, the
purchase of some materials was coordinated when it was possible and
prudent. For example, during the late 1970s, the purchase of state
administrative codes was equally divided and free photocopies were
provided for users who needed the materials not available in their
own library. The purchase of large or expensive sets could be timed
to take advantage of availability at the other library allowing some
budgetary flexibility in lean years.
The current and perhaps most significant cooperative venture in
which the Law Library is a participant is the Triangle Research
Libraries Network (TRLN), which was established in the late 1970s.
1995]
SESQUICENTENNIAL
radically changed the use of library materials and the character of the
formerly quiet study areas. Now students could retrieve and copy
huge amounts of material, finances permitting; quiet note-taking from
individual volumes quickly gave way to the noise of the copiers and
piles of unshelved reporters around the copiers each morning.
During the 1970s, Westlaw and LEXIS introduced online legal
research services that included the full text of reported decisions. By
using these sources, legal researchers could search every word in a
document in seconds. Within a few years, law schools across the
country were including online instruction in their research and writing
programs and providing terminals for student and faculty use on the
two systems.
The Law Library subscribed to Westlaw in April 1981, purchasing
an IBM 3101 computer for the purpose and installing it in one of the
offices on the 5th level of the library. When the library acquired a
special terminal for Westlaw in 1984, it was moved into the newly
developed reference area on the main floor of the library; in April
1985, the library added a LEXIS terminal. The transition to a
modern, technologically advanced library had begun. By the spring
of 1985, the library was using a national bibliographic utility, OCLC,
to catalog materials, and in 1987 it began to process its interlibrary
lending and borrowing requests through this same national database.
During the first week of classes in the fall of 1987, a Microcomputer Lab opened in the former typing room on the third floor of the
library. Co-sponsored by the law school and the Microcomputing
Support Center, the lab offered ten linked IBM-PC work stations; the
shared software on the network included three word processing
REPORT JULY 1976-JuNE 1977, at 4 (on file with the Kathrine R. Everett Law Library,
UNC School of Law, Chapel Hill, N.C.).
[Vol. 73
18. UNIVERSITY OF NORTH CAROLINA LAW LIBRARY COMPUTER SURVEY (1993) (on
file with the Kathrine R. Everett Law Library, UNC School of Law, Chapel Hill, N.C.).
1995]
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19. Ginger Travis, Law Library Named for Katherine R. Everett, UNC-LAw ALUMNI
NEWS (UNC School of Law, Chapel Hill, N.C.), Winter 1994, at 7.
[Vol. 73
LIBRARY STAFF
1995]
SESQUICENTENNIAL
those, thirteen are long-term employees who have worked in the Law
Library for more than six years each.20
LOOKING AHEAD TO THE FuTURE
Since 1985 the Law Library has continued to expand its services,
build its collection, enhance its teaching role, and increase the use of
technology in its operations. An extensive long-range planning
process has been in place since 1990, when the library adopted its first
mission statement-a set of guiding principles for the development of
library services and planning for the future.
LAW LIBRARY MISSION STATEMENT
772
[Vol. 73
Student Organizations
and Their Evolving Impact on the School of Law
This issue of the North CarolinaLaw Review is the successor-ininterest to a collection of essays published in 1947 to honor the
sesquicentennial anniversary of the founding of the University of
North Carolina. Hinton James's fabled trek from the lower reaches
of the Cape Fear to Old East preceded by five decades the trustees'
appointment of North Carolina Superior Court Judge William Horn
Battle to the first "Law Professorship"' at the University. Thus the
sesquicentennial of formal legal study at Chapel Hill coincides with
the University's Bicentennial celebration. It is fitting that A Century
of Legal Education,2 in which Albert and Gladys Coates' recounted
774
[Vol. 73
the history of the Law School's first hundred years, should be the
dean gave them tribute for tribute. Mentor to its leaders and an
unsurpassed enricher of its pages, Brandis wrote an encomium to the
alone, no one who understood the scholarly partnership that bound him and Gladys
Coates can doubt that the work was as much hers as his. In his foreword to the collection,
Dean Wettach admitted as much. See A CENTURY OF LEGAL EDUCATION, supra, at vii
("Professor and Mrs. Coates began the arduous task of checking University records,
Trustees' minutes, Faculty minutes, catalogues, Battle's History and other documents for
the data needed. Acknowledgment is gratefully made for the painstaking research and
devoted application of Mrs. Coates to this work.").
4. 50 N.C. L. REV. 965 (1972).
5. Professor Brandis became Dean of the University of North Carolina School of Law
on July 1, 1949, and voluntarily terminated his deanship on June 30, 1964. Albert Coates,
Henry Brandis, 50 N.C. L. REV. 961, 961 (1972).
6. Dean Brandis himself remarked:
The author of this article, a Tar Heel born and bred, was a member of the
Review's staff while a student, has, since that regrettably remote time, contributed
moderately to its pages, and served on the Law School's faculty for more than
thirty-two years. His sentiments about the Review are undeniably colored by
personal considerations and by institutional and provincial loyalties... . Hence,
any reader who is seeking an unbiased appraisal, academically worthy of the
Review's normal standards, should stop here and allot his limited reading time to
something more congenial.
Brandis, supra note 4, at 965.
7. Id.
8. Professor Coates attributes the label to Dean J. Dickson Phillips, Jr. Coates, supra
note 5, at 963.
1995]
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See id.
See Coates, supra note 3, at 46-47.
Id. at 52.
Id. at 54.
1111.
[Vol. 73
1995]
SESQUICENTENNIAL
legal scholarship, dedicated to intelligent criticism of legal developments in American courts and legislatures. 6 Unlike the practice in
other fields in the humanities, law reviews were to be run by students.
In contrast to the casebook's utility solely as a classroom device, the
proponents of law reviews saw their publication as a double arrow in
the law school's quiver: a vehicle capable of educating neophyte
lawyers and bringing the work of legal educators to the attention of
leading members of an increasingly powerful profession. American
law reviews flourished because they exalted the prominence of
academically trained legal "scientists" at a time when American law
schools were seeking to defend their tightening hold on the gates of
the private bar.
The American bar enthusiastically received these new publications. Lawyers in private practice, academic lawyers, and sitting
judges contributed "professional" articles, essays, and book reviews to
their pages. By the year of Professor Van Hecke's North Carolina
debut, Dean McGehee reported to University alumni that the Law
Department had acquired complete sets of the Law QuarterlyReview,
the HarvardLaw Review, the Columbia Law Review, the Michigan
Law Review, and the American Bar Association Journal.7 With
these volumes piling up on the shelves of the law library and work
underway on a new law building (soon to be named Manning Hall)
the tides of change and reform ran high in Chapel Hill. Influenced
by Van Hecke and the school's other new "modem" law teacher,
Robert Halsey Wettach, McGehee in December 1921 called attention
to the desirability of a journal or periodical publication
which may represent the School and the work it is doing. It
would serve as a link between the legal profession and the
School, and would be a most valuable tool for improving our8
instruction, and an incentive to faculty and students alike.
Fired by the enthusiastic response of North Carolina lawyers to
Dean McGehee's proposal, Professor Van Hecke labored throughout
the winter and spring of 1922 to forge a format for the new journal.
Sixty pages long, the first issue of the North Carolina Law Review
reached Van Hecke's home direct from the printers in June 1922.'
16. By 1920 the HarvardLaw Review consisted primarily of student-written casenotes
and comments on newly minted statutes. Yale, in 1891, and the University of Virginia, in
1914, began publishing legal periodicals of their own based on the Harvard model.
17. Id. at 73 (footnote omitted).
18. Id.
19. Professor Van Hecke did not have the luxury of modem, machine-attached mailing
labels. As reported more than four decades later by Professor Frederick B. McCall, the
778
[Vol. 73
teachers, the members of the bar, and to the judges upon the bench, and, through
them, to the people of the state.
As a supplement to the routine daily class work of the [Law] School, it will
afford to the second and third year students, a means of intensive training in legal
writing. To them, the independent experience, under faculty supervision, in the
analysis, investigation, and critical discussion of current problems in North
Carolina law will be invaluable. As the Review goes into volumes year by year,
it will constitute a collection of reference materials on the local law, of definite
value as collateral readings in connection with class discussion.
To the faculty of the School, the Review will be an added incentive to
systematic research in the state law and a medium for the publication of the
results achieved. To the members of the bar and the judges upon the bench, the
Review will make available, in the form of leading articles, editorial notes and
comments, discussions of important legal problems, statements of the significance
of outstanding recent state and federal decisions, and historical accounts of the
development of distinctive topics and doctrines of North Carolina law. In other
words, the Review will carry to the active members of the legal profession, the
work the School is doing in tracing the development of law in North Carolina
and in the country at large.
Of equal importance to the law student and to the law teacher, will be the
opportunity afforded by the Review to learn of the attitude, the needs, and the
problems of the attorneys and judges in active practice. It is hoped that those
who are daily carrying on the litigation and the legal work of the state may find
in the Review a means of expressing their reactions to, and the constructive
suggestions for dealing with, the difficulties encountered in the practical
administration of the law. Only through this closer contact and understanding
can the lawyer, the judge, the law student, and the law teacher effectively unite
in what should be a common effort for the solution of modern legal problems.
In this latter connection, namely, that of the public service of the legal profession
as a whole, particular attention will be given in the pages of the Review to the
influence upon legal problems of matters of legislation, government, business, and
social and economic conditions.
EditorialNotes, 1 N.C. L. REV.31, 31-32 (1922).
1995]
SESQUICENTENNIAL
[Vol. 73
1995]
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[Vol. 73
Carolina law."3
Significantly, Volume One contained a special
survey of "Statutory Changes in North Carolina Law in 1923, ' '31 in
which Dean McGehee and Professor McIntosh explored recent
legislative enactments. The survey of statutory changes became a
regular feature of the Review. The policy of publishing composite
faculty commentaries on new North Carolina legislation continued
through Volume Thirty-Eight, when the combined effect of everlengthening legislative sessions and multiplying numbers of complex
new statutes resulted in the cancellation of the comprehensive survey.
To a far greater extent than in later years, wearers of the judicial
robe, particularly the justices of the state supreme court, contributed
regularly to the Review's early volumes. In Volume Two, Chief
Justice Walter Clark's Magna Charta and Trial by Jury32 was the
leading article; Justice William J. Adams contributed two historical
pieces to the same volume.3 Chief Justice Walter P. Stacy4 and
Superior Court Judge Frank A. Daniels35 both authored
contributions to Volume Three. The Review set about building a
close relationship with North Carolina's state and federal judges by
regularly documenting important events in the life of the judiciary.
In the editorial notes to Volume Two, for example, brief tributes to
Chief Justice Clark36 and United States District Court Judge Henry
Groves Connor,37 both recently deceased, appeared. Volume Three
celebrated UNC alumnus John Johnston Parker, Jr.'s appointment to
the United States Court of Appeals for the Fourth Circuit.38 These
contributions, coupled with others commenting on the affairs of North
Carolina's state-court bench,39 exemplified the law faculty's '40desire
"to build up a closer connection with the judges in the state.
1995]
SESQUICENTENNIAL
41. Id.
42. See 17 N.C. L. REV. 421 (1940).
43. The present faculty adviser is Thomas Lee Hazen, Cary C. Boshamer Distinguished Professor of Law.
44. Coates, supra note 4, at 81.
[Vol. 73
Hanft, Van Hecke (who had returned to the School in the late 1920s),
and Dalzell entered upon full-time military work, leaving Dean
Wettach and three associates to keep the law school in operation.
As these statistics attest, the effect of the Second World War on
the University of North Carolina School of Law and on the publication of the North CarolinaLaw Review was profound. In June 1941,
six months before the Japanese attack on Pearl Harbor, fifteen
students were listed on the masthead of the Review as student editors.
By Number One of Volume TWenty, released in December 1941, only
ten students were listed.4' By Number Three of the same volume,
this figure had decreased to eight, plus three "Editors in War
Service." Throughout Volume TWenty the list of "Faculty Advisors"
remained intact; by April 1943, the Review felt the full brunt of war:
four students and five faculty members were left to labor over student
casenotes and comments, checking citations, and typing manuscripts.
These numbers continued with slight variations through December
1945. 4
Dean Henry P. Brandis, Jr., called the journal's continuous
publication throughout the war "the most remarkable epic in the
history of the Review."'4 7 As few as four faculty members and three
students "managed to publish volumes of respectable length and more
than respectable quality. 48 Cyrus E Lee, who served as editor-inchief of Numbers One and TWo of Volume 25, both published just
after the end of the war and before the students had returned to
Chapel Hill in large numbers, commented in a 1993 memorandum:
"During my stay, the emphasis of the faculty and the students was to
hold the [law school] tradition and the N.C. Law Review tradition
intact until the men returned from the war.49 Those were times when
the study of law did not take top priority.,
The number of professional articles published in each of the
wartime volumes was usually fewer than ten. Cyrus Lee observed:
45. These numbers, and those that follow, were first noted by Dean Brandis. See
Brandis, supra note 5, at 970-71.
46. In December 1943 the number of student editors dropped to an all-time low of
three, out of a total of twelve in the entire Law School student body; the number of
faculty advisors dropped to four, Professor Frank W. Hanft having left for Army service.
47. Brandis, supra note 5, at 971.
48. Id.
49. Memorandum from Cyrus F. Lee, Attorney-at-Law, Wilson, N. C., titled A Few
Experiences of Mine Working on the N.C. Law Review, to Martin H. Brinkley 3 (Feb. 5,
1993) (on file with author).
1995]
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SuBiEcr MAETrER
A. 1945-60
Throughout the first fifteen years after the war, many of the
North CarolinaLaw Review's pages were dedicated to serving North
Carolina practicing attorneys' and state officials' need for accurate,
readable coverage of new developments in North Carolina law. In
the 1950s the Review paid substantial attention to the vast changes
then being wrought by the United States Supreme Court in the
national understanding of the Bill of Rights. At the same time, the
deluge of congressional legislation enacted while the Great Depression and the Second World War were raging had dealt a mortal blow
to the supremacy of state law. During the immediate postwar years,
as a result, the nation's law journals inexorably shifted their focus
toward legal questions of national importance-most of them federal.
The last days of this period saw the demise of the North Carolina
Law Review of McGehee and Van Hecke. By 1957, a new member
of the law faculty, Daniel H. Pollitt, had begun his long association
with the journal.5' Pollitt's contributions as a prolific writer on
constitutional subjects, together with his service as the Review's
principal faculty advisor in the 1960s, led the journal to seek the
national prominence that springs from close examinations of federal
issues.
50. Id. at 1.
51. See Daniel H. Pollitt, PresidentialUse of Troops to Execute the Laws: A Brief
History, 36 N.C. L. REv. 117 (1957).
786
[Vol. 73
52. Interview with the Honorable Henry E. Frye, Associate Justice of the Supreme
Court of North Carolina, in Raleigh, N.C. (Mar. 14, 1993). Justice Frye's first casenote
examined State v. Cooke, 246 N.C. 518,98 S.E.2d 885 (1957). See Henry E. Frye, Criminal
Law-Trial De Novo-Power of Superior Court to Amend Warrant,36 N.C. L. REv. 80
(1957).
53. See, e.g., Wilton Rankin, ConstitutionalLaw-FourteenthAmendment-Trespass
Protection Not Discriminationby State, 37 N.C. L. REv. 73 (1958) (discussing State v.
(1957).
55. The 92-page Fourth Annual Survey, for example, contained discussions of recent
cases in the fields of administrative law, agency and workers' compensation, business
associations, civil procedure, constitutional law, contracts, credit transactions, criminal law
and procedure, damages, domestic relations, equity, evidence, future interests, insurance,
municipal corporations, real property, sales, torts, trial and appellate practice, trusts, and
wills and estate administration. See id. at 177-269.
56. Id. at 177.
1995]
SESQUICENTENNIAL
editors' concern with full coverage of North Carolina law during the
1950s."
It is hardly surprising that the Review maintained, as it still does,
substantial allegiance to state law when other American law reviews
were lifting their sights to new developments in federal law, and
particularly to the riveting pronouncements emanating from the
Warren Court. The North Carolina Law Review, true to its name,
had been for many years the only scholarly journal of legal writing
published in North Carolina. As a child of the state university law
school, it had, by all accounts, an obligation to serve the state. The
student body of the law school was overwhelmingly North Carolinian
in origin; in 1956, for example, only eight percent of the students were
not residents of the state.58 The vast majority of the students
obtained legal employment in North Carolina following graduation.
A journal focused on state law was the natural fruit of such a close
climate.59
Throughout the late 1940s and 1950s, the Board of Editors
continued to solicit professional contributions from the faculty of the
law school and from Professor Albert Coates's new foundation, the
Institute of Government. In addition to substantive articles, the
faculty contributed many book reviews to the journal. The deaths of
two University alumni in the ranks of the appellate judiciary-Chief
Judge John Johnston Parker, Jr., of the United States Court of
Appeals for the Fourth Circuit and Chief Justice Walter P. Stacy of
the Supreme Court of North Carolina-led to a brief renaissance in
the tradition of sitting judges offering the Review tributes to their
brethren. 60
Throughout the postwar years, the North CarolinaLaw Review
published its volumes on very tight budgets. Especially during the
early decades, student editors were forced to publish thin volumes, for
the costs of publication far exceeded their modest fiscal reach. On
more than one occasion, herculean efforts rescued the journal from
imminent financial peril. During the summer of 1957, Thomas P.
57. An informal statistical survey, conducted by the author, supports this thesis:
throughout the 1950s, no volume of the Review devoted less than 50% of its pages to some
aspect of North Carolina law.
58. Henry P. Brandis, Jr., The Law School, 36 N.C. L. REV. 62, 62 (1957).
59. I am grateful to Professor William B. Aycock for generously offering some of the
insights reflected in the foregoing paragraphs within this Part III.
60. See William A. Devin, ChiefJustice WalterParkerStacy, 30 N.C. L. REv. 1 (1951);
Morris A. Soper et al., Tribute to Judge John J. Parker,Jr.-"The Gladsome Light of
Jurisprudence,"37 N.C. L. Rev. 1 (1958).
[Vol. 73
B. 1960-93
By the early 1960s, a new generation of student editors, schooled
in the Warren Court's increasingly broad definitions of the rights of
American citizenship, had wrought discernible changes in the editorial
policies of the Review. For a journal whose last ten years had been
devoted overwhelmingly to North Carolina subjects, the publication
62
in 1964 of a nearly 200-page symposium, Civil Rights and the South,
revealed the editors' growing willingness to examine the ills of
American society at the expense of traditional expositions of
common-law doctrine. Stocked with opposing viewpoints on the
debate over civil rights legislation-both Attorney General Robert F.
Kennedy and Senator Sam J. Ervin, Jr. (men of sharply differing
viewpoints on the subject), offered short pieces6 --the symposium
was recognized by Dean J. Dickson Phillips, Jr., as "one of the most
notable efforts ever undertaken by the Review."' 4 Within a year of
its publication, Civil Rights and the South had attracted national
attention, resulting in by far the largest reprint sales ever recorded by
the Review.6
The years between 1962 and 1968 marked a period of transition,
during which the Review set its sights on national coverage and broad
scholarly recognition. The success of Civil Rights and the South gave
succeeding editorial boards a taste for fame. North Carolina subjects
increasingly were relegated to casenotes and comments. A reader
61. Brandis, supra note 59, at 69. This index-digest was subsumed in the cumulative
index-digest of the Review's first 43 volumes, published in 1965.
64. J. Dickson Phillips, Jr., The Law School, 43 N.C. L. REv. 110, 121 (1964).
65. Id.
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66. See Avery B. Cohan, Should Direct PlacementsBe Registered?, 43 N.C. L. REV.
298 (1965); Harold Demsetz, Minorities in the Market Place, 43 N.C. L. REv. 271 (1965);
Samuel R. Pierce, The Anatomy of a HistoricDecision: New York Times Co. v. Sullivan,
43 N.C. L. REv. 315 (1965); John P. Roche, Equality in America: The Expansion of a
Concept, 43 N.C. L. REv. 249 (1965); Vermont Royster, The Free Press and a Fair Trial,
43 N.C. L. REv. 364 (1965).
[Vol. 73
67. See, e.g., J. Dickson Phillips, Jr., The Law School, 46 N.C.L. REV. 71,73-76 (1967)
(noting that Professors William B. Aycock, Henry P. Brandis, Jr., Donald F. Clifford,
Frank W. Hanft, Martin B. Louis, Walter D. Navin, Daniel H. Pollitt, Frank R. Strong, and
Seymour W. Wurfel each contributed case comments on developments in various fields of
North Carolina in preceding volumes of the Review).
68. See, e.g., William B. Aycock, Introductionto Water Use Law in North Carolina,46
N.C. L. REv. 1 (1967); Robert G. Lehnen & J. Oliver Williams, Some Aspects of the
Criminal Court Processin North Carolina,49 N.C. L. REv. 469 (1971); Dale A. Whitman,
TransferringNorth CarolinaReal Estate PartI How the PresentSystem Functions,49 N.C.
L. REV.413 (1971).
69. 70 N.C. L. REV. 1701 (1992).
70. See, e.g., Symposium, "To Endurefor Ages to Come": A Bicentennial View of the
Constitution,65 N.C. L. REV.881 (1987); Symposium, Labor in the South, 59 N.C. L. REV.
1 (1981); Symposium, The Bankruptcy Reform Act of 1978, 58 N.C. L. REV. 665, 881
1995]
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791
71. Justice Martin is now Dan K. Moore Visiting Professor of Ethics and
Jurisprudence at the University of North Carolina School of Law.
72. James G. Exum, Jr., Rediscovering State Constitutions, 70 N.C. L. REV. 1741
(1992); Harry C. Martin, The State as a "Font of Individual Liberties". North Carolina
Accepts the Challenge, 70 N.C. L. REv. 1749 (1992).
73. William J. Brennan, Jr., Foreword,70 N.C. L. REV. 1701 (1992).
74. William J. Brennan, Jr., State Constitutionsand the Protectionof IndividualRights,
90 HARV.L. REV. 489 (1977).
75. John V. Orth, North CarolinaConstitutionalHistory, 70 N.C. L. REV. 1759 (1992).
76. Margaret M. Bledsoe, Comment, The Advisory Opinion in North Carolina: 1947
to 1991, 70 N.C. L. REV. 1853 (1992).
77. Louis D. Bilionis, On the Significance of ConstitutionalSpirit,70 N.C. L. REv. 1803
(1992).
78. John D. Boutwell, Note, The Cause ofAction for Damages Under North Carolina's
Constitution: Corum v. University of North Carolina, 70 N.C. L. RuV. 1899 (1992); Stacey
L. Joseph Cardenas, Note, Constitutional Expansion of Local Government Financing
Alternatives: Wayne County Citizens Association v. Wayne County Board of Commissioners, 70 N.C. L. REV. 1947 (1992); Michele L. Harrington, Note, State v. Whittle
Communications: Allowing School Boards to Turn on "Channel One", 70 N.C. L. RnV.
1929 (1992); Matthew P. McGuire, Note, Baker v. Martin and the Constitutionality of
Partisan Qualificationsfor Appointment to District Courts,70 N.C. L. REv. 1916 (1992).
79. 71 N.C. L. REV. 1283 (1993).
[Vol. 73
INTERNAL MAT'ERS
80. See, e.g., Henry Brandis, Jr., The Law School, 38 N.C. L. REv. 62, 70 (1959).
81. Id.
82. Id. Although these paragraphs refer to the Review's "staff' and to "staff
membership," they do so only for ease of locution. It was not until the mid-1970s that the
masthead created a distinction between the "Board of Editors" and the "Staff." For most
of its history, the Review's membership consisted simply of student "editors," four of
whom held titles and served as the journal's governors. Thus, student members who
wielded no real editorial powers were long denominated "editors."
1995]
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87. This represented an increase over the original membership requirements, which
insisted that prospective staff write only one publishable casenote.
88. See Brandis, supra note 87, at 70-71. Presumably "the equivalent" would have
been a comment or more extended casenote.
[Vol. 73
1995]
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ship, led the Board of Editors to propose to the faculty the establishment of a writing competition by which "any student in good standing
as of the beginning of his third semester [could] have the opportunity
[of] becoming a candidate for staff membership on the ... Review."9
The traditional means of attaining Review candidacy
through grades and class standing were not to be altered; the Board's
proposal simply created a "different route by which a student who
demonstrates that he is capable of quality Law Review work can
attain 'Law Review' status." 91 The Board recommended that not
more than four students taking part in the proposed writing competition be permitted to attain, candidacy. 2 Anticipating the faculty's
objection that the change would bring onto the Review students who
had not "earned" the distinction, the Board emphasized that it was
striving not to displace the laudable goal of rewarding academic
distinction, but rather to "complement it with an alternative competitive route to staff membership ... ."' The Board further suggested
that students experiencing academic difficulties be precluded from
entering the competition; every candidate for Review membership,
they thought, should have a grade-point average at least of "C"
before the student's writing could be evaluated.
The faculty agreed to permit a writing competition to take place
in the fall of 1970. Second-year students who wished to enter the
competition were assigned to a member of the Board of Editors, who
offered each candidate a recent decision and guided him in the writing
of a casenote. There was open season on the library stacks. The
entire editorial board judged the entries, focusing closely upon the
quality of the entrant's writing, the depth of her research, casenote
organization, and accuracy in citation form. In the end, four students,
as forecast, were selected for staff membership.
The apparent success of the Review's first writing competition
masked the hardships the competition had entailed. The ordeal of
simply planning a competition open to all wreaked havoc with the
Review's busy fall publication schedule and annihilated the Board's
hitherto cordial relationship with the staff of the law library. Participating second-year students ceased preparing for classes while
90.
91.
92.
93.
IdL at 1.
Id.
Id.
Id at 2.
[Vol. 73
eligible for Review membership. Any law student who at the end of
her fourth semester of study has attained a cumulative grade-point
average at least equal to the first-year cumulative average of any
student in her class who was extended an invitation to staff membership also must be invited to join the staff. The Board of Editors must
choose at least thirteen additional staff members based on the writing
competition. The remaining members of the staff are selected using
a combination of the writing competition score and grades. The
candidates having been offered the chance to decline staff membership, the new staff is announced at the opening of the academic year
without any indication of the means by which the individual candidates were selected.
94. The writing competition originally was conducted in early October, a full six weeks
after the opening of the academic year and just before mid-term examinations.
1995]
SESQUICENTENNIAL
[Vol. 73
are held by several persons at once." It was not until the late 1960s
that members of the Board of Editors began to assume these positions
of specialization. By 1972, the Board of Volume Fifty consisted of the
editor-in-chief, an articles editor, three associate editors, a managing
editor, and a business manager. The articles editor, whose position
had been recently created to stem and cull through the growing tide
of unsolicited professional articles the Review constantly received,
assisted the editor-in-chief in planning the portion of each issue
dedicated to professional scholarship. The associate editors continued, as they long had, to supervise the writing of casenotes and
comments by second-year staff members. The managing editor was
responsible for promulgating the Review's publication schedule, and
for dealing directly with the printer to ensure the journal's timely
appearance. The business manager, as his title implied, maintained
the Review's books of account and its list of subscribers, sold
advertising space, and attempted to keep the journal solvent.
Throughout the 1970s and 1980s the size of the Board of Editors
more than doubled (from seven editors in 1972 to sixteen in 1991),
and specialized Board positions continued to proliferate. The
widening girth of professional articles during these years was largely
responsible for this trend. 9 By 1980 the position of "associate
editor" had been eliminated, and the Board consisted of articles
editors, note and comment editors, and research editors working
under the leadership of the editor-in-chief and managing editor.
In the early 1980s two leading candidates emerged for the
position of editor-in-chief Fearing that the rejected candidate for the
Review's principal chair might refuse another editorship position
entirely, the Board of Editors, with the approval of the faculty,
created the post of executive articles editor. The holder of this new
editorship, the Board anticipated, would serve as assistant to the
editor-in-chief for purposes of managing the Review generally, and
would assume all responsibility for soliciting articles from and making
offers of publication to professional contributors. The executive
law professors, judges, and practicing attorneys were offering the Review articles averaging
52 pages. Today it is not unusual for a given Board of Editors to publish several articles
that each exceed 100 pages of printed Review text. In manuscript form, such pieces
typically number more than 300 typed pages, and contain more than 500 footnotes.
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100. In 1989 the Board of Editors of Volume 68 decided that the position of research
editor should be eliminated in favor of distributing research responsibilities among all the
articles editors and note and comment editors. The Board of Volume 69 likewise
eliminated the post of business manager, vesting the Review's financial affairs in the hands
of the publication editor, a new Board position designed to serve as a liaison with the
journal's printer.
[Vol. 73
and six men on the Board of Editors; the 43-member staff consisted of 21 women and 22
men.
102. With only the Review's masthead as a guide (no written records of the matter
exist), it is of course impossible to determine how many African-American law students
have served on the Review over the past four decades. At least three, however, have
served the Review, the state, and the country with great distinction: The Honorable Henry
E. Frye, a member of the Review for Volumes 36 and 37; Julius L. Chambers, a member
of the Review for Volume 39 and editor-in-chief of Volume 40; and Teresa Wynn
Roseborough, a member of the staff of Volume 63 and editor-in-chief of Volume 64.
103. 187 F.2d 949 (4th Cir.), cert. denied, 341 U.S. 951 (1951). For an examination of
the McKissick decision, see Dickson McLean, Jr., Note, ConstitutionalLaw-"Separate but
Equal" Test in GraduateEducation, 30 N.C. L. RE v. 153 (1952).
104. 187 F.2d at 950. McKissick followed Sweatt v. Painter, 339 U.S. 629 (1950), in
which the Supreme Court emphasized that legal education "cannot be effective in isolation
from the individuals and institutions with which the law interacts." Id. at 634. The Court
1995]
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the North Carolina College for Negroes (now North Carolina Central
University) had no law review:
The members of the [University of North Carolina law]
Faculty have shown scholarly capacity in writing legal
articles contributed by them to the North Carolina Law
Review, which has been issued since 1923 [sic], and to the
Law Reviews published by other law schools of good
standing. The North Carolina Law Review is published by
the University of North Carolina Press, under the management of the faculty of the Law School. It serves as a
medium of scholarship, working toward the improvement of
the law; and it also serves as a factor in the legal training of
the abler students who, by reason of their facility of expression and their ability to make the necessary research, are
deemed qualified to make contributions to the publication.
Those who are chosen for this purpose have the opportunity
to cooperate and engage in discussion in the preparation of
the articles for publication and thereby receive training and
experience of considerable educational value. Colored
students of the Colored Law School do not share in this
opportunity. They are allowed to contribute and two or
continued:
The law school to which Texas is willing to admit petitioner excludes from its
student body members of the racial groups which number 85 percent of the
population of the State and include most of the lawyers, witnesses, jurors, judges,
and other officials . ... With such a substantial and significant segment of
society excluded, we cannot conclude that the education offered petitioner is
substantially equal.
Id.
105. McKissick, 187 F.2d. at 950-51.
106. LIL at 950.
107. Asian-Americans and other persons of Asian origin, Native Americans, and
persons of Hispanic origin have become staff members and editors of the Review roughly
[Vol. 73
1995]
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[Vol. 73
There are those who feel that young men and women, not yet
even out of law school, are not experienced enough to select articles
and otherwise provide leadership for a legal journal of national
influence. This writer's response is that any author is fortunate to
have the editorship of such persons as William B. Aycock, J. Dickson
112
[Vol. 73
The law school's first public international law course was taught
in 1945 by Professor John P. Dalzell, but international course
offerings remained scarce for many years.2 In 1960, seminars were
offered in international law and air law. The air law seminar was
concerned with international as well as state and federal legal issues
in civil and military aviation.
The international curriculum was expanded in 1963 with
Professor Seymour W. Wurfel's seminar on international business
transactions, which he later supplemented with a course in comparative law. Seminars on international institutions and the international law of war were added a few years later.
The 1970s saw the addition of a seminar on the European
Economic Community and one on international business. The next
1995]
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The law school also has expressed its interest in international law
in other forums. For example, it became a charter member of the
Student International Law Societies, an organization sponsored by the
[Vol. 73
9. Wurfel, supra note 1, at v-vi. The original document cites Mr. Burwell's middle
initial as "C." Since Mr. Burwell's actual middle initial is "M," that initial will be used
throughout this essay.
10. Henry M. Burwell, The North Carolina Journal of International Law and
1995]
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The first issue of the Journal was printed in a plain white wrapIt was 107 pages in length and contained three articles, one
per.'8
12. Id.
13. Id.
16. Miriam M. Nisbet was the managing editor of the Journal'sfirst volume. Eugene
A. Reese, Jr., was the business editor, the articles editors were L. Holmes Eleazer, Jr., and
John G. McCormick; the associate editors were M. Anderson Howell and John A. Swem;
recent development editors were Dillon H. Coleman and Stephanie J. Grogan; and the
research editor was John T. Kennedy. The staff was composed of Charles R. Allegrone,
Laura A. Banks, David B. Hamilton, and Laura L. Yaeger.
17. Wurfel, supra note 1, at vi (footnote added).
18. The Journalhas changed its stripes several times. Generally, it has maintained a
blue and white motif. After the initial volume, blue seems to have dominated for some
time, but in recent years white has made a comeback.
[Vol. 73
1995]
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years.
To assure that Professor Wurfel's contributions to the Journal
year, best fulfilled the standard of service beyond the call of duty
observed by Seymour W. Wurfel as the Journal's first faculty
advisor: unselfish dedication of time and spirit to the Journal,
persistence in the face of discouragement and enthusiastic
helpfulness to other staff members.O
The first Seymour W. Wurfel Award was presented in 1978 to the
Journal'sarticles editor, Kenneth F. Ledford.26
23. Professor Wurfel had retired from the Army as a Colonel before joining the
faculty of the law school. He had a deep and abiding interest in international legal issues.
He published an extensive number of reviews of books dealing with international issues,
and he produced a book entitled Foreign Enterprisein Colombia: Law and Policiesthat
was published by the University of North Carolina Press. Professor Wurfel also studied
at the Hague Academy of International Law and at the College of the City of London.
William B. Aycock, Dedication, 3 N.C. J. INt'L L. & COM. REG. vii (1978).
24. Preface, 3 N.C. J. INT'L L. & COM. REG. iv, iv (1978). In a dedication in the
special issue, Professor William B. Aycock noted that Professor Wurfel had also acted as
faculty advisor to the John J. Parker International Law Society and to the Jessup
International Moot Court Team. Aycock, supra note 23, at ix.
Professor Wurfel had advised his students that "[j]ust as a trial lawyer spends 75% of
his time analyzing facts and only 25% analyzing law, so an international lawyer spends
75% of his time analyzing economic, political and social factors, and only 25% analyzing
law." Preface,supra, at iv.
25. 4 N.C. J. INT'L L. & COM. REG. (copyright page) (1978).
26. Id. The subsequent Wurfel Award winners are Grace Elizabeth Taylor Hodges,
Becky Lynn Bowen, Haynes Pell Lee, Carey Michael Johnson, Leslie R. Carter, David L.
Milford, David Alan Spuria, Randy Gerald Vestal, Frank DeArmon Whitney, David
Jamison Laing, Robert G. Shimp, Emmanuel Kojo Bentil, Fred H. Jones, Michael L.
Grubb, William Peak Janvier, William Harding Latham, Henry Michael Perlowski, and
Julia Anderson Reinhart.
27. Wurfel, supra note 1, at vi.
[Vol. 73
28. Professor Weisburd has taught public international law at the law school for many
years and was in the Foreign Service before attending law school.
29. Wurfel, supra note 1, at vi.
30. NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL
1995]
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quality if she wrote a note (rather than a comment) during her first
year.39 Similar requirements are imposed on members of the
editorial board.
Academic credit is awarded to students who join the Journal
during their second year and either remain as senior staff members or
paper, the level of research, and quality of footnoting and bluebooking style.
38. Membership on the Journal is officially conferred once the student has completed
all writing, research, and production assignments given during the academic year.
39. If the student wrote a comment during the second year, no further writing
requirement is imposed. Senior staff must also complete cite-checking and other
assignments.
814
[Vol. 73
40. Mary Patricia Azevedo, Foreword,5 N.C. J. INT'L L. & COM. REG. i (1980).
41. RALPH HAUGHWOUT FOLSOM Fr. AL., INTERNATIONAL BusiNEss TRANSACIIONS:
A PROBLEM-ORIENTED COURSEBOOK (2d ed. 1991).
42. In 1993, the Journal entered into a contract with Fred B. Rothman & Co. to
handle the sale of back issues. That firm will reprint any issues out of print, and it will
make the Journalavailable on microfilm early in 1995.
1995]
SESQUICENTENNIAL
815
46. Id. at v. It was the publication of these papers that led to the awarding of Most
Useful Article Award by the Lawyer's Brief. Mary Patricia Azevedo, supra note 40, at i.
Participants in the various Annual Southeastern Conferences have included Alfred
McCormack, a professor at Columbia; Michael A. Almond, a North Carolina attorney; Jon
R. Bauman, a Texas attorney; Vincent D. Travaglini, Director, Office of International
Finance and Investment, United States Department of Commerce; Michael A. Henning,
a partner in the International Division of Ernst & Ernst, a large accounting firm; Edward
E. Dyson, a partner at Baker & McKenzie; William C. Edwards, Jr., Vice President,
International Department of Wachovia Bank and Trust Co.; and Wade M. Gallant, Jr., a
North Carolina attorney.
47. Volume Ten also contained the proceedings of the Third Annual Southeastern
Conference on Corporate and Securities Law. Southeastern Conference on Corporateand
Securities Law, 10 N.C. J.INT'L L. COM. REG. 107 (1985). Papers from a symposium on
the international War on Drugs held at the University were published in Volume Fifteen.
Symposium, Battling Drugs: Is the War Working? 15 N.C. J.'
INT'L L. & COM. REG. 487
(1990).
48. Financial support was provided by, among others, the North Carolina World Trade
Association, The North Carolina Bar Association and the Smith Richardson Foundation.
Financial support to the Journal has also been provided by many generous individuals.
They were recognized in Volume 16 of the Journal in the following classifications:
Benefactors-FredericH. Davis (Louisville, Kentucky); Roxanne S. Jansen (Atlanta,
Georgia); Patrons-ClaireJohnson Sauer (Wexford, Pennsylvania); Ernest Cobb McLean
III (Atlanta, Georgia); Friends-Eugene Clyde Brooks (Savannah, Georgia); Kathleen W.
Cannon (McLean, Virginia); Barbara Morgenstern (Goldsboro, North Carolina); David A.
Neal (New York, New York); Judith L. King (New York); Laura E. Stevenson (Mableton,
Georgia); Linda Jo Imboden (New York); David Spuria (Dallas, Texas); Gregory J.
Schmidt (Frankfurt, Germany); Cathy A. Stricker (Hermosa Beach, California); Brett R.
Turner (Charlottesville, Virginia).
Supporters of the North Carolina Journal of
International Law and Commercial Regulation, 16 N.C. J. INT'L L. & COM. REG.
(masthead) (1991).
[Vol. 73
[Vol. 73
hours were held every Saturday night and 'every student in the Law
School ha[d] frequent opportunity for practicefl.' " Professor
Manning's successor was the law school's first dean, Professor James
Cameron MacRae, and under his leadership the moot court again was
expanded. The 1907-08 edition of the university catalogue announced:
[T]he Moot Court has become an important factor in legal
educational methods, in familiarizing the student with the
practical side of law. It is the purpose of the University
Court to acquaint the student with the legal details so
necessary to be acquired, yet so difficult of access; and, in
order to facilitate this work, the Court has been divided into
two divisions, Civil and Criminal, each with its own judge
and other officers. Sessions of both courts are held weekly,
and, through regular assignments of cases, every student of
the School has frequent opportunities for practice. The
work embraces preparation of cases for trial, drawing of
pleadings, selection of jurors, examination of witnesses,
arguments on law and facts to judge and jury, and preparation and argument of appeal,-all according to the forms of
practice in the North Carolina Courts.'
Under the school's second dean, Lucius Polk McGehee, the moot
court was reorganized and given new direction. Dean McGehee
reported in 1918 that "[t]he moot court has never afforded an
adequate outlet for the interest and energy of the students outside the
class room."7 The program was committed to the able hands of
Assistant Professor Oscar Ogburn Efird, who, along with Professor
Maurice Taylor Van Hecke, was one of the first professors to come
3.
4.
5.
6.
7.
Id.
Id. at 332-33.
Id. at 334 (quoting N.C. U. CATALOGUE, 1894-95, at 74).
Id. at 343 (quoting N.C. U. CATALOGUE, 1907-08, at 106).
Id. at 358 (quoting N.C. U. REcORD, 1918-19 (Dec.), at 56).
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less spasmodic moot courts, with their mock trials too often degenerating into a mockery, into law clubs, organized in the form of
appellate courts for the investigation of authorities, the preparation
of briefs, and the argument of cases on appeal."' Professor Coates
suggested that this lack of cohesion was due in large part to the
fragmented nature of the student body-many of the students then
enrolled would try to "cram a two-year course into one year or less,
[or would attend] one term only, or a summer term, in the effort to
learn enough to pass the bar examination, and with a short-lived and
floating student body cramped for time and space."'1 Still, the
atmosphere was more than conducive to lively moots and engendered
a fraternal camaraderie among students interested in either
grandstanding or debate.
The 1920s brought more change. Professor Atwell Campbell
McIntosh reported in 1923 that
[t]wo or three years ago, as a substitute for the Moot Court
system, the students were organized into groups, known as
Law Clubs, for practice in the investigation and management
of legal problems. These have been reorganized this year
under the direction of Mr. Coates, and they are proving a
valuable opportunity for individual work and research on the
part of the students. There are seven of these clubs, each
named for some prominent lawyer in the history of the state,
Iredell, Ruffin,
Gaston, Pearson, Manning, MacRae, and
12
McGehee.
With the law school's progress toward more stringent entrance
requirements and a more regulated curriculum, the moots gained
structure and began to factor more prominently in the curriculum. By
the late 1920s the Law Clubs operated as follows:
[F]irst year students investigate authorities, prepare briefs
and argue cases involving questions of law arising in their
courses of study. These cases are framed by members of the
faculty and the arguments are presided over by a court
consisting of one faculty member acting as Chief Justice and
8.
9.
10.
11.
12.
Id. at 381.
Id.
Id. (citing N.C. U. RECORD, 1919 (Dec.), at 56).
Id. at 383.'
Atwell C. McIntosh, EditorialNotes, 2 N.C. L. REv. 30, 35-36 (1923).
[Vol. 73
and served as the infrastructure for moots. The lecture series most
often addressed topics related to trial preparation or the presentation
of appellate arguments, and speakers included North Carolina
Supreme Court justices and North Carolina lawyers. Because the
single lecture series soon was deemed inadequate, it was expanded to
include presentations lasting two or three days in order to "present a
thorough analysis of current types of law practice with illustrative
problems."' 6 This series was in turn itself modified to become a
"series of clinics conducted through a law office, a trial court and an
appellate court organized and operated in the law school."17 These
law clubs "federated in the Supreme Court of the Law School
Association,""i at which stage the top students prepared briefs and
13.
14.
15.
16.
17.
18.
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19. Id.
20. Henry Brandis, Jr., The Law School (FromSeptember 1951 to December 1952), 31
N.C. L. REV. 81, 91 (1952).
21. Telephone Interview with William B. Aycock, Kenan Professor of Law Emeritus,
University of North Carolina School of Law (Aug. 11, 1994).
22. Brandis, supra note 20, at 91.
822
[Vol. 73
23. J. Dickson Phillips, Jr., The Law School, 45 N.C. L. REV. 152, 165 (1966).
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24. Interview with Roger W. Smith, partner with Tharrington, Smith & Hargrove, in
Raleigh, N.C. (Aug. 10, 1994) [hereinafter Smith Interview].
25. Endowment to ProvideNew Moot CourtProgram,TAR HEEL BARRISTER (Chapel
Hill, N.C.), Oct. 1966, at 1.
26. Id. at 1, 3.
27. Id. at 1.
28. Smith Interview, supra note 24.
29. Id.
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[Vol. 73
35. Judge Craven Teaches Con Law, TAR HEEL BARRISTER (Chapel Hill, N.C.), Dec.
1967, at 1, 4.
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to
Professor" and of "pleadings and other legal instruments"
6
be drawn "from time to time" by the Students.
As Moot Court Chief Justice Roger Smith predicted when the
Holderness Moot Court Bench first was christened, the Bench has
become a "student-run moot court competition in which students...
compete enthusiastically while they improve their skills in brief
writing, legal research, and oral advocacy."'37
Predictions and histories aside, the changing nature of the
Holderness Moot Court gives it vitality. The competitions give life to
problems otherwise committed only to paper and offer students the
chance to speak, challenge, defend, and persuade. The subject matter
of the competitions always is timely, and the periodic restructuring of
team formats and selection procedures facilitates keen competition.
Moreover, the Bench, unlike the highly individualized performances
more often demanded and rewarded in the law school, requires
teamwork. It immerses its members in situations demanding both
democracy and diplomacy as competitors learn to abide by the rules
and move through the procedures of the most elevated courts in the
nation. The program also enables its members to develop the skills
to deal effectively with the most fundamental face-to-face lawyerclient interactions. This combination of a stable foundation and the
yearly influx of energy and ability brought by new Bench members
makes the Bench strong and the program useful. All indications are
that the Holderness Moot Court Bench will carry on in a manner
befitting its impressive history.
STUDENT ORGANIZATIONS
1945-95 t
WINSTON B. CRISP
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STUDENT GOVERNANCE
[Vol. 73
Court in 1955; Robert F. Kennedy (then the Counsel for the Senate
Select Committee on Improper Activities in the Labor or Management Field) in 1957; Chief Judge John J. Parker of the United States
Court of Appeals for the Fourth Circuit in 1958; Senator Sam J.
Ervin, Jr., in 1959; and Judge J. Spencer Bell of the United States
Court of Appeals for the Fourth Circuit in 1962.
Job placement has always been of great interest to law students.
During the years of the LSA, the law school had no formal placement
activity. To fill this perceived gap in services, the LSA placement
committee worked to collect information regarding openings for
young attorneys and summer internships for current students. This
information was published free to law students in the law school
placement bulletin. The placement committee also sponsored an
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833
[Vol. 73
In 1966 the SBA kicked off what then president Dwight Wheless
termed "A Year of Service."'2 The Tar Heel Barristerwas expanded
and the SBA produced a larger version of the annual placement guide
in order to increase service to the alumni. More social events were
held in order to alleviate some of the stress of school. The SBA also
began a duplicating and photocopying service for all students, and
began plans to establish a scholarship loan fund for students who were
not ordinarily eligible for scholarships.
The year 1969 was one of change for the SBA. It drafted and
approved a new constitution that changed its structure. The new SBA
dissolved the student legislature and replaced it with a board of
governors that was made up of the President, Vice President,
Treasurer, Secretary, and a president and two class representatives for
each class. This structure remains in place today. The SBA also won
2. Service is Theme for S.B.A.'s Year, TAR HEEL BARRISTER (Chapel Hill, N.C.),
Oct. 1966, at 1.
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3. See Student Bar Assoc. v. Byrd, 293 N.C. 594, 239 S.E.2d 415 (1977).
[Vol. 73
MANUAL, 1993-1994, at 11 (1993) (on file with the University of North Carolina School
of Law).
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benefit of its membership and not focused toward the general student
body. Typical activities for Delta Theta Phi included sponsoring an
annual trip to the United States Supreme Court and hosting speakers
of interest to the group. The UNC chapter of Delta Theta Phi
became inactive in 1978.
III.
[Vol. 73
SERVICE ORGANIZATIONS
Fund Committee was created and began the job of raising the
necessary funds to award full-tuition scholarships. The Committee
formed a tax-exempt corporation to facilitate the fundraising effort-the Student Bar Foundation (SBF). The incorporated foundation was run by a nine-member board of directors consisting of the
four SBA executive officers and five appointees chosen by the SBA
Board of Governors. In October 1970, the SBF awarded its first two
full-tuition scholarships to first-year students. By the next year SBF
was able to award twelve full-tuition scholarships to deserving law
students.
In 1972, the board of directors altered its program by splitting the
available money among six full-tuition scholarships and four lowinterest loans. The award of loans rather than scholarships helped to
keep money available for the long term. In 1973 the ratio of loans to
scholarships was fifteen to four, and by 1974 SBF had made the
transition from a scholarship organization to one solely supplying lowinterest loans to needy students.
Today, SBF works in conjunction with the Carolina Student
Credit Union to continue to provide low-interest loans. Moreover,
SBF serves as a source of information concerning alternative funding
sources, and is developing a child-care grant program to assist law
students with child-care expenses.
Public Interest Law Fellowships
The Student Bar Foundation was not the only organization that
developed out of the need to give financial assistance to members of
the student body. By the 1976-77 school year a great many students
became interested in working in public service jobs during summer
vacations. To help support these students, the SBA began an effort
to raise money for student-funded fellowships that would assist
students with their financial burdens and enable them to forego
better-paying jobs in order to pursue public service work. By the
summer of 1978, students had raised enough money to help three
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students take summer jobs. This effort was well received by the
student body and plans were made to continue the organization.
Public Interest Law Fellowships (PILF), as the organization came
to be called, now engages in fundraising year-round in order to
provide for one or two $2,500 summer fellowships and a number of
smaller grants. The organization is still student-funded and raises
money in two ways. Each fall, PILF members solicit goods and
services from faculty and staff members to be sold at an auction that
has become one of the most enjoyable events of the school year.
Furthermore, PILF conducts a pledge drive that solicits donations
from students, faculty, and staff During the 1993-94 school year
PILF raised almost $8,000 for student grants.
North CarolinaLawyer's Research Service
In 1976, in response to a desire to have more interaction with
practicing lawyers, students formed a non-profit organization designed
to provide research assistance to local lawyers. The North Carolina
Lawyer's Research Service (NCLRS) accomplished the goal of
allowing students to gain valuable research experience, while at the
same time providing a much-needed resource for practicing attorneys.
Completely run by a student board of directors, NCLRS contracts
with local attorneys to conduct research and summarize that research
in memoranda. Upon receiving a request from an area attorney, the
board of directors assigns a project to a student member, supervises
that work, then supplies a finished project to the attorney. In 1995,
NCLRS continues to provide assistance to the legal community and
remains a popular source of practical experience for students.
Prisoner'sRights Project
The Prisoner's Rights Project was formed in 1978 by students
interested in the informal clinical part of Professor Dan Pollitt's
criminal law seminar. Students responded to problems and questions
raised by inmates in the state prison system. After the seminar
ended, students worked with the North Carolina Civil Liberties
Union, the SBA, and the Student Bar Foundation to form an
organization for students who wished to continue working with and
learning about the criminal justice system. That year, twenty student
volunteers corresponded with inmates, helping them find answers to
some of their questions and solutions to many of their problems.
Today, the Prisoner's Rights Project is engaged in a variety of
activities. It sponsors speakers who address criminal justice issues.
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Women In Law
By the early 1970s, the number of women enrolled at the School
of Law had increased significantly. In 1973, a group of female law
students founded Women in Law to provide mutual support and to
recruit more women to attend law school. The group visited area
[Vol. 73
colleges to speak with college students about law school, and provided
speakers on topics such as interviewing skills and women's issues.
In 1974, the group held its first on-campus recruiting program for
area college women. Nearly fifty college students attended. In 1975,
Women in Law published a handbook on women's legal issues. The
group continues to publish the handbook with the help of a grant
from the Z. Smith Reynolds Foundation. In 1980, Women in Law
began a family violence clinic at the law school to provide students
with practical experience while providing service to abused women.
Furthermore, Women in Law sponsors seminars on safety and other
issues of current interest. The group also founded and runs a
Domestic Violence Project in cooperation with the Orange County
Women's Center.'
BLSA, AILSA, and the Lambda Law Students Association
By the late 1960s and early 1970s, the law school was engaged in
an effort to increase the population of African-American students.
African-American students began to meet in informal groups for
many of the same reasons that led to the founding of Women in Law.
These students provided support and encouragement for each other
and began recruitment activities with the support of the SBA. By the
beginning of the 1973-74 school year, African-American students had
formed the Minority Students Association and were actively involved
in recruitment efforts. Supported by SBA funds and by the Law
Student Division of the ABA, the group hosted an on-campus
recruitment weekend for African-American students. The weekend
soon became an annual event.
In 1981 the organization changed its name to the Black American
Law Students Association and became affiliated with a national
organization of the same name. The name was shortened to the
Black Law Students Association (BLSA) in the late 1980s.
In 1994, BLSA continues to be actively involved in minority
recruitment and annually visits a number of colleges in North
Carolina to recruit prospective students. In addition, BLSA members
travel to New York City and Atlanta each year to attend recruitment
fairs, assist the Assistant Dean for Admissions with the annual
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Minority Law Day Program, and work closely with the Dean to foster
increased diversity and cultural awareness.
The American Indian Law Students Association (AILSA) was
founded in 1984 and engages in activities similar to those of BLSA.
In addition, the UNC AILSA chapter works closely with the
Carolina
6
Indian Circle, an organization for UNC undergraduates.
During the 1992-93 school year, a heightened sensitivity to issues
of sexual orientation led to the establishment of the Gay and Lesbian
Law Students' Association. These students meet informally to
provide support for gay and lesbian law students and to increase
awareness about homosexuality among the law school population.
The group changed its name to the Lambda Law Students Association
in 1994. Lambda works closely with B-GLAD, the undergraduate gay
and lesbian organization, to promote tolerance and understanding
across the entire university campus.
The Christian Legal Society
In 1974 a group of Christian law students formed the Law
Student Fellowship. In 1977 the organization changed its name to the
Christian Legal Society. Affiliated with a national organization of the
same name, CLS works to integrate faith with the demands of the
practice of law. The group holds prayer and fellowship meetings and
sponsors talks on the subject of Christianity and the law. CLS is
nondenominational and welcomes all students interested in Christian
fellowship.
Second Careers in Law and ParentsActive in Law School
By the early 1980s, the student body included an increased
number of students who entered law school after pursuing careers in
other fields. These students felt less at home with social programs
designed primarily for younger students who had recently completed
college. Students founded Second Careers in Law (SCIL), a group
chartered to foster social interaction among older students and to
enable its members to provide shared support during the transition
back to student status.
Subsequently, members of SCIL who were also parents formed
a separate group called Parents Active in Law School (PALS). This
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participation in this event until 1970 when the Moot Court Bench
began to provide credit for participation.
After a brief period of inactivity during the late 1980s, the
International Law Club has reemerged as an active organization. In
addition to sponsoring speakers, it provides students with information
concerning study-abroad programs and employment opportunities in
the field of international law.
The FederalistSociety
During the 1986-87 school year, law students formed the
Federalist Society for Law and Public Policy. This organization seeks
to investigate the role of law as one of the organizing forces of society
and to provide a focal point for discussion by people of conservative
and libertarian views. In addition to holding discussion meetings, the
Federalist Society is active in sponsoring annual programs known as
"Golden Issues Symposia." The symposia seek to present speakers
or debates on important social issues, which have included recycling
and solid waste management, affirmative action, freedom of religion,
and the intersection of law and politics.
OtherActivities
In addition to participation in law school organizations, law
students expend a great deal of energy engaging in other activities on
the campus and in the community. Students participate in tutorial
programs, athletic teams, choral groups, debate societies, community
organizations, charitable enterprises, political organizations, and many
other activities. Since the 1940s law students have been and continue
to be integral parts of their communities. As the School of Law
prepares to enter the second half of the 1990s, law students are
finding more and more ways to add to the rich history of student
involvement in extracurricular pursuits. One can only guess at the
types of activities that the next fifty years will bring.
LAWYERS TALKING:
UNC LAW GRADUATES AND THEIR SERVICE TO THE STATE
WALTER H. BENNETT, JR. AND JUDITH WELCH WEGNER
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(Vol. 73
Love, Chapel Hill; Justice Harry C. Martin, Chapel Hill; Judge James B. McMillan,
Charlotte; Justice Burley B. Mitchell, Jr., Raleigh; Judge Elreta M. Alexander Ralston,
Greensboro; Judge William Scarborough, Charlotte; Judge Frank W. Snepp, Jr., Charlotte;
Judge Hiram Ward, Denton; Judge Gregory A. Weeks, Fayetteville; R. Mayne Albright,
Raleigh; Charles L. Becton, Raleigh; Daniel T. Blue, Jr., Raleigh; Doris R. Bray,
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849
850
[Vol. 73
moral vision of their own lives and of their futures in the legal
profession and a cynicism about the moral stature of the profession
and their ability to change it.
During this same period, Dean Wegner began more intensive
efforts to work with practicing lawyers and judges to understand the
"professionalism problem" being discussed by both practicing lawyers
and legal educators across the country. Dean Wegner undertook a
number of initiatives on this theme, including use of oral history
techniques to understand the personal and professional development
of ninety-five-year-old alumna Katherine Robinson Everett, experimentation with mentoring programs that matched law students
and practicing lawyers, study of adult learning theory and its bearing
on successful approaches to continuing legal education, and commencement of empirical studies relating to lawyers' perceptions about
sources and responses to the problem of professionalism.
In 1992, Professor Bennett and Dean Wegner decided to try a
nontraditional approach to teaching law students about the values of
the profession. After consulting with other members of the law
faculty and with UNC faculty members in the Department of History,
Professor Bennett developed a seminar in the "Oral History of
Lawyers and Judges." The seminar has now been offered on four
occasions, with quite extraordinary results.
As originally conceived, students enrolled in the seminar
undertake field work in gathering oral histories of selected North
Carolina lawyers and judges. Students are instructed in the techniques of gathering and maintaining oral histories, drawing on the
expertise of UNC history faculty. Each student selects a lawyer or
judge of particular interest to him or her, keeps a journal of reflections and experiences, researches and interviews that individual, helps
refine tapes and transcripts for deposit in UNC's Katherine R. Everett
Law Library and the UNC Southern Historical Collection, makes an
oral presentation to the class, and writes a seminar-quality paper on
the life story collected.
The seminar began with three basic goals: to expose students
first-hand to the lives and work of lawyers and judges; to engage
students in the real-life ethical and moral dilemmas of working
lawyers and judges as told by them; and to gather and store professional history and the life stories of members of the profession in
North Carolina. While the seminar achieved these objectives, it was
soon obvious to Professor Bennett that something much more
powerful was occurring as well. Student resistance to discussion of
values and moral issues, which had been so stultifying in the tradition-
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[Vol. 73
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. [H]aving an
opportunity to work with it and watch it develop and see what it was
is enough to inspire you to at least try in politics."
Albright described Dr. Frank Porter Graham as "a small rather
unkempt figure with a wonderful personality and mind, completely
unselfish and dedicated to the state and the nation and the individual
citizens. He was an inspiration for more people than anybody I know
of unless it was FDR." Albright said further of Graham:
He could have done anything and did not want any honor at
all. A more modest man never lived than he did. But a
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[Vol. 73
Award in 1986 from the Wake County Chapter of the North Carolina
Civil Liberties Union.
During the racial turmoil of the 1950s and '60s, Albright was
frequently in the forefront. He was one of the first persons to speak
out publicly in support of the Brown v. Board of Education decision,
and he did so in front of a large audience at Broughton High School
in Raleigh. His statement was considered bold at the time, and he
believed it had a calming influence on some of the feelings of the
people who were there. He was instrumental in raising money
(through his church in Raleigh) to establish the Malcolm X Liberation
University in Durham, an enterprise that ultimately failed. Albright
saw it as a good way to provide equal opportunity for black North
Carolinians and to promote a "peaceable world." He was also a
member of the Urban Crisis Committee in Durham during the 1960s,
a group formed in a number of southern communities in an effort to
improve relations between the races by working primarily through
churches and schools.
In 1963 Albright ran for Congress in the Fourth Congressional
District against Congressman Harold C. Cooley. He recollected that
Cooley was a thirty-year veteran of Congress who was hard to beat
and had unlimited money. Albright espoused the liberal principles of
tolerance and public service, and again he felt that he brought a lot
of young people into the political process who would not have been
there otherwise. Once again, he lost.
Albright has been a very devoted alumnus of UNC-Chapel Hill.
He was the first chairman of UNC's Annual Giving Campaign, the
fund that is now the Carolina Fund. In 1985, as a result of his
dedication and work for the University, he was awarded the Distinguished Service Medal from UNC for his lifetime devotion.
Albright had a few words to say about lawyers and public service:
Albright: [T]he commitment to public service has been
growing generally throughout the whole population, and the
lawyers of course have had their part of it. They haven't
been outstanding. They haven't been the great leaders of
the liberal part of it, but some of them have been. All of
them have moved forward a great deal from where we were.
The law is not a liberal profession, exactly.
I mean, you don't look to the lawyers for great liberal
leaders. The general bulk of lawyers are more conservative.
It's a rather conservative profession. It feels it has a role in
conserving the values that we have and does not want to experiment. There's always been a streak in North Carolina
of lawyers who were more liberal than most and who
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2. 1 N.C. 5 (1787). This was one of the earliest cases in United States history in
which the provisions of a state statute were challenged as contrary to a state constitution.
By ruling in favor of the North Carolina Constitution, Samuel Ashe and the North
Carolina Supreme Court established the principle of judicial review in North Carolina
fifteen years before Marbury v. Madison established it in federal constitutional law.
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3.
1982).
Willie M. v. Hunt, 90 F.R.D. 601 (W.D.N.C. 1981), aff'd, 681 F.2d 818 (4th Cir.
860
[Vol. 73
very expensive. The county appealed his order to the North Carolina
Supreme Court, and Judge Bason was eventually reversed, though
there were strong dissenting opinions.
During Jim Hunt's first term as Governor, Judge Bason was
instrumental in passage of a bill setting up the Juvenile Code Revision
Committee to rewrite the juvenile code for the State of North
Carolina. Judge Bason was appointed by the Governor to chair that
committee. The resulting revisions were among his best work. The
new North Carolina Juvenile Code was a great advance over the old
version and, when it was adopted, was a very progressive code for its
time. One of the most important features of the code was the
prescription that juvenile court judges impose the least restrictive,
appropriate treatment for the juvenile. Only after all other options
had either failed or were found to be clearly inappropriate could a
delinquent juvenile be detained in a training facility. The impulse of
some juvenile judges to use incarceration as the "easy" solution was
ended. Judge Bason continued his diligent work in juvenile court for
many years, serving as the principal judge handling juvenile cases in
Wake County from 1974 until he retired on September 1, 1991, at the
age of sixty-three.
Judge Bason admits that the time he spent as a juvenile court
judge took an emotional toll. He explains one of the situations which
led to his retirement:
One very traumatic experience was in the '80s, early '80s.
I had an occasion to put a young black boy in a detention
home-I can't remember if it was pre-trial or after the
hearing and waiting for some disposition alternatives to
appear-anyway, he wasn't stable.... And he attempted
suicide by hanging. His defense attorney, a very outstanding
woman, and I tried very hard to get him transferred to the
adolescent unit out at Dorothea Dix where they had suicide
precautions. *Theydenied him admission, even after a fresh
suicide attempt. Two days later, he succeeded.... Anyway,
that had a profound effect on me.
Judge Bason's compassion made him an outstanding judge, but the
toll it took on him emotionally led eventually to his decision to step
down as a juvenile court judge.
Judge Bason received a number of awards for his work on the
bench. In 1990, he was recognized by the Governor's Advocacy
Council on Children and Youth as one of the state's leading advocates
for children. He has also received the highest award given to judges
by the National Court Appointed Advocates through Wake County's
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and to make recommendations for change. He has been the vicechair of the North Carolina Supreme Court Society, a group that
collects mementos associated with the Supreme Court of North
Carolina. He said of his work as a juvenile court judge: "I have had
a wonderful opportunity to do exactly what I wanted to do-the
opportunity to try to serve in what clearly is an area of need. I will
never regret it."
JUDGE DEXTER BROOKS: LOYALTY TO COMMUNITY, SERVICE TO
THE STATE
[Vol. 73
His mother was from a place called Saddle Tree, about ten miles from
Pembroke. She was raised on a farm and taught never to throw
anything away. He recalls that his maternal grandmother had several
grapevines on her farm, and the grandchildren were taught that when
they ate grapes, they were to save the hulls for use in jams.
During his childhood in the triracial community in Robeson
County, the schools were strictly segregated on the basis of race.
South of Brooks's community on Jones Street, there was a neighborhood of black people who attended a separate school, and across the
railroad tracks there was a neighborhood of white people who had
their own separate elementary school. Judge Brooks described life in
the triracial setting:
As far as social relationships between the people of different
races, they were generally quite limited. There was a little
between us and the black kids because they were right down
the street. And there was a Black church and an Indian
church that kind of backed up to each other. And there
were a lot of pine trees in the back of the Indian church.
And I remember sometimes playing with those little black
kids there under those pine trees.
Judge Brooks recalls that when he was growing up, there was
quite a bit of discrimination against Native Americans, and many jobs
and professions were closed to them: "People used to say that an
Indian could be a teacher, or a preacher, or a farmer. And you had
to find yourself, or fit yourself, into one of those categories as far as
your life's work." Later he began to hear about a category called a
"public worker," referring to people who were good at carpentry and
other odd jobs and who could hire themselves out to neighbors to
assist in building houses, barns, and outbuildings. However, during
his childhood it was unheard of for a Native American to think of
being a lawyer.
Judge Brooks recounts a story of the career limitations that
affected him as a child. He remembers a man named Brantly Blue,
a very prominent Lumbee Indian, who grew up in the town of
Pembroke, served in the Second World War, and thereafter attended
Pembroke State University and received a bachelor's degree. Blue
wanted to attend law school, so he wrote to the University of North
Carolina to apply for admission. He was told that Carolina did not
accept Native Americans. Blue had to leave the state to attend law
school, and never returned. Judge Brooks said this story was typical
of Native Americans seeking professional training in the first half of
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protest was the Indians' claim that the title to the island should have
reverted back to Native Americans when the government closed
Alcatraz Prison and ceased using the island. They also wanted to
start an Indian university on the island to study Native American
history and culture. The incident heightened Brooks's interest in his
own identity and heritage, and he began to study Native American
culture and history. He also began to recall stories that he had heard
as a child from his elders.
This process led Brooks to conclude that he was wasting time
studying math. What really interested him was his "Indianness." He
devised a plan to travel across the country and teach at various
schools, but he eventually realized that what he really wanted to do
was to return to Robeson County and work to improve the conditions
for people there. He dropped out of North Carolina State and got a
job teaching at Southeastern Community College in Whiteville, North
Carolina, the closest job he could find to Robeson County. He then
began to involve himself in some of the issues surrounding his people
and their heritage. He was particularly interested in a controversy
that developed at Pembroke State and in which he later took a part:
"Old Main" was the first brick building in the Indian
community. [It had been] a centerpiece in the Indian
culture because the funerals of leaders were held there, and
any time they had meetings to talk about important issues,
that was generally where they met. [And all] of the Indian
schools would converge on [Old Main at] Pembroke State
College and we would have all kinds of contests like athletic
contests, spelling contests, reading contests, math contests
.... So Lou Barton, who was an Indian historian, wrote an
article for the Robesonian, and it was entitled the
"Indianization of Pembroke State University." And when I
read that article, I saw that the point he was making is that
there seemed to be a conscious effort on the part of some
people to divorce the school from its roots or tradition, and
that's when I realized the importance of the building. Had
they been successful with its destruction, you, in effect,
would have been saying there was no real attachment of the
school anymore to the community and that there was no real
reason for the University to even memorialize any Indian
tradition at all. . .. For example, in '72, Jim Holshouser
came to Pembroke and he was running for governor on the
Republican ticket. . . . It was a very dramatic-a very
dramatic night. We had an overflow crowd.... I made a
speech that night, and I remember agonizing over what I
was going to say all day because back then I'd never
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considered myself a very outgoing person.... So I remember when I spoke that night, the crowd was on its feet
chanting. It was an incredible feeling on my part, and I
remember after I spoke, Dennis Banks, who's one of the
founders of the American Indian Movement, he came up
and he spoke. And Dennis is very, very articulate and quite
the orator. And he gave this great speech, and then he gave
a challenge to Jim Holshouser, sort of to the effect, "Are
you willing to tell the people tonight that you are going to
work to save this building?"
And so Jim HoIshouser came up to the stage, and he
pledged to the group that if he were elected governor, that
Old Main would not be destroyed.
Brooks's interest in political change eventually led him to law
school. He was the first Native American to enter the UNC School
of Law, and the first to graduate. His real passion while he was in
law school was working on a project with Professor Barry
Nakell-work that enhanced the significance of what he was learning
in class because he was putting his knowledge to immediate use.
Brooks also tried to recruit other Lumbee Indians to come to the
UNC law school. Two of those he recruited were Arlie Jacobs and
Gary Locklear.
When asked whether he liked law school, he stated, "I did,
because I felt like I had finally found something that I really wanted
to do in the sense that I saw that the years I had put into studying the
political situation in Robeson County, learning the politics, I decided
that law was the ideal profession for me if I was going to effect any
kind of change."
Judge Brooks was asked about the values that he felt were
important for a lawyer or a judge. He responded:
The first is integrity. So many people in the legal profession
kind of lose their way. And I guess it's kind of like there is
so much pressure to succeed or so much pressure to win,
sometimes some people succumb to this idea of winning by
any means or winning at any cost. Maybe it's because we
see so much of that in society. I guess.., some people have
this philosophy in sports that winning is everything. I mean,
kids don't participate in sports simply to enjoy what they do.
They're driven to win.
So you take that kind of attitude and put it in the legal
profession, you can see people cutting corners. That's the
worst thing you can do because if an attorney loses his
reputation for integrity, he really has nothing left....
I've
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[Vol. 73
4. The quotation is taken from James K. Dorsett Jr.'s oral history interview and is
a slightly modified version of the original by Oliver Wendell Holmes in a speech to the
undergraduates of Harvard Univeristy on February 17, 1886, entitled "The Profession of
the Law." THE OCCASIONAL SPEECHES OF JUSTICE OLIVER WENDELL HOLMES 29
(Mark DeWolfe Howe ed., 1962). The Holmes quote is worthy of repeating in context:
Of course, the law is not the place for the artist or the poet. The law is the
calling of thinkers. But to those who believe with me that not the least godlike
of man's activities is the large survey of causes, that to know is not less than to
feel, I say-and I say no longer with any doubt-that a man may live greatly in
the law as well as elsewhere; that there as well as elsewhere his thought may find
its unity in an infinite perspective; that there as well as elsewhere he may wreak
himself upon life, may drink the bitter cup of heroism, may wear his heart out
after the unattainable.
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plight, they tended to reach out to each other and try to be helpful."
Dorsett talked a lot about the close community at Davidson
College, the close relationships between students and professors and
the professors' spouses and families. He was later a trustee of
Davidson for eleven years and in that position opposed Davidson
becoming co-ed. When the co-educational issue arose, his son, who
was a Davidson student, told him that he was wrong to oppose coeducation, that a number of students were leaving Davidson because
of that, and that his son was likely to be one of them. His son's
comments caused him to reconsider his position. He is now glad that
he did and that Davidson made the decision to admit women.
After Dorsett graduated from Davidson, he indulged his love for
travel with a trip to Europe. This was just before the outbreak of
World War II. Conditions in Europe made a lasting impression upon
him, particularly those in Germany where he observed that the
country had become very militaristic. He recalled sitting and talking
to some Jewish people in Vienna when members of the Gestapo-they were plain-clothed, but Dorsett now realizes that was what
they were-came and took the people away. He saw Hitler Youth
marching in Germany. He heard the chants of "I1 duce, il duce," at
the outdoor opera in Italy when Mussolini came dressed in his white
uniform decorated with ribbons and trappings. Dorsett found all of
this very frightening, fascinating, and at times infuriating (particularly
when the Gestapo took away the Jewish people). He left Europe
with a feeling that battles and wars lay ahead.
He was not certain he wanted to be a lawyer, but he decided to
go to law school with the idea that it seemed like a good option and
that if he didn't like it, he could quit. He did not like the grind of his
first year, but he liked his professors. He referred to the "great
seven" or "unmatchable seven," professors who had been at Carolina
for a long time and had the reputation of being outstanding teachers.
[Vol. 73
Dorsett does not think that law schools do a good job of teaching
ethics and professionalism to today's students. He believes his own
ideas on professionalism sprang from a jurisprudence course he took
at the law school from Dr. Frank Hanft:
[Dr. Hanft] was superb in everything he taught. It was a
course that really stimulated in me a strong pride in the legal
profession, going all through history and what it stood for.
We read in that course a great many of the opinions of the
great judges like Oliver Wendell Holmes and Cardozo and
Brandeis that I might not have read. It gave me an excitement about the profession and its importance and pride in
it that I might not have had without that.
After graduation, Dorsett took the bar and accepted an offer to
go to Washington, D.C., to work in the legal department of the
Southern Railway. He had just begun his job in Washington when
the Japanese attacked Pearl Harbor. He remembers hearing Franklin
Roosevelt's radio address following the attack. Dorsett held an
ROTC commission in the infantry from his days at Davidson, and the
day after Roosevelt's speech he received a telegram from the War
Department telling him to report to the infantry school at Fort
Benning, Georgia.
Dorsett recalled his training at Fort Benning as grueling. He was
a "hundred day wonder": up at four, four-thirty in the morning and
training hard all day in order to complete all basic training in a
hundred days. He graduated from infantry school in April of 1942
and went to Chicago for an intensive course in military intelligence.
He received a "top secret" clearance and was assigned to the Seventh
Corps. He did not know it at the time, but the Seventh Corps, as part
of the First Army, was already selected to be one of the corps to land
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[Vol. 73
was. But I think, too, that the lawyers knew the judges
better. You saw them more often, and there was just time
for more relaxed camaraderie than nowadays.
Dorsett stressed his view that this sort of closeness did not
interfere with quality or competency of representation. Rather, he
felt that lawyers' ability to get along with each other and with judges
in a more congenial manner made lawyering a better profession and
served clients better.
Dorsett noted the influence upon him of his elder colleagues in
the profession. He spoke in particular of Willis Smith, who had been
president of the North Carolina Bar Association and later became the
only North Carolinian to be president of the American Bar Association. Smith was a great believer in careful preparation and strong
ethical practice, and Dorsett feels that he was well tutored by Smith
and local judges and other senior partners in his law firm on how to
be a lawyer and maintain the standards of the profession. Dorsett
credited two other members of the firm who were senior partners,
Oscar Leach and John Anderson, both graduates of UNC law school,
as important teachers. Leach "was just a man of the strongest ethics
and a sense of seeking what was right, how something should be done,
and how it should come out in fairness to everybody. He was a good
tutor in that way." He credits John Anderson with teaching him how
to be an excellent litigator.
Dorsett also credits his father's emphasis on honesty with serving
him well as a professional:
I think it is an eternally valuable principle. And it was then,
it is now, and I trust always will be, because it's been my
experience at least that if your fellow lawyers or any person
that you are dealing with, whether they are on the other side
or not, that if they find that you do not mislead and you do
not falsify and that you will abide by what you agree to, that
it oftentimes not only promotes reaching a solution, but it
saves a great deal of time. Now of course ... everyone
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his last year of high school in Buies Creek because there were only
eleven grades available in Angier. Dupree then attended the
University of North Carolina and graduated in 1933. He searched for
a job teaching school or digging ditches or anything he could find, but
there was nothing to be had because of the Depression. In August of
1933, he talked to his father, who was a lawyer in Angier, about going
to law school. His father said that if Dupree was sure that was what
he wanted to do, "I'll stake you to it." Tuition at the UNC School of
Law was seventy-five dollars a semester, but that was a big expense
for someone in the 1930s in Angier.
Judge Dupree described his father and grandfather as genuinely
self-made men. His grandfather had been a businessman running a
sawmill and a gristmill, and his father helped run those businesses for
Dupree's grandfather. The two of them also ran a cotton gin. Judge
Dupree's father never attended grammar school. He attended high
school when he was twenty-one years old, then went on to the
University of North Carolina School of Law for two years, took the
bar examination, and became a lawyer. He practiced law for fifty-five
years in Angier. Judge Dupree described his father's relation to the
town:
He became something of a patriarch. Everybody knew him
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"That's fine, you go down there and try it and let me know how it
comes out." And that's what Dupree did.
Dupree continued the relationship with Fletcher until 1943, when
he went into the service during World War II. He was characteristically understated about the details of his military service but had what
he called "a very distinguished career." He was in the Navy in World
War II, serving in both the Atlantic and the Pacific, and rose to the
levels of ship executive officer and navigator.
As an executive officer in and around England and Scotland, he
was second-in-command of a flotilla of ships, moving them in and out
of harbor for repair and dry dock. He also had fairly extensive
service in the Pacific, from Pearl Harbor to Midway, to Guam, and to
Okinawa. He spent much of his time supplying fire support from
ships to infantry who were on the beaches. He witnessed kamikaze
attacks and was off the coast of Japan when the first atomic bomb
was dropped.
After the war, Dupree resumed his work for Mr. Fletcher and
stayed there until 1948 doing exclusively Fletcher's work. He also
began to take over as the lawyer for some of the businesses which
Fletcher was starting. This legal work expanded rapidly, and in 1955
it was necessary for Dupree to take on a partner, G. Earl Weaver.
Additional partners were added and by the time Dupree left the firm
in 1970, the firm had six lawyers.
Judge Dupree said that his family had always been Republicans,
dating back to before the Civil War, when they were avowed
abolitionists. His great-grandfather voted for Abraham Lincoln and
had to do so by write-in ballot because in 1860 Abraham Lincoln was
not on the ballot in North Carolina. When the vacancy for a federal
judgeship came open in 1970, Judge Dupree said,
[it happened that... Mr. Nixon, a sometime Republican,
had been elected to the Presidency, and so I put my name
in the pot for this position. And one day when everybody
was looking the other way, I reckon somebody made a
mistake and appointed me, which resulted in that commission which you see up there, which is signed by the said Mr.
Nixon.
Actually, the appointment process was quite involved. There
were many meetings of Republicans in North Carolina, presided over
by Jim Holshouser (a UNC law school alumnus who later became
Governor) to decide upon a nominee. Senator Sam Ervin introduced
nominee Dupree to the Senate Judiciary Committee. After he was
appointed, the new judge wasted little time getting to work. The
[Vol. 73
swearing-in ceremony and the luncheon that followed were held at the
Raleigh Civic Club on top of the Sir Walter Hotel. Judge Dupree
participated in the festivities, speech-making, and glad-handing for a
while, then finally stood up and said, "As a citizen and taxpayer, I
don't think a federal judge ought to be down here wasting time and
money. I'm going to work." He left for his office and signed his first
order that afternoon.
Judge Dupree talked about why he became a judge and what he
likes about the job:
I had done everything [as a lawyer] that I was ever going to
do. I was just doing the same thing over and over again. I
could draw pleadings off the top of my head in all the stuff
that I was doing without ever looking at a statute book or
anything and just cite them book-by-book and page, if
necessary. And it was just old. It was a good living. I was
doing all right. Well, you don't get rich practicing defense
law, and that's what I did. But, I was sort of living out what
Dean Van Hecke told me when I was a freshman in law
school over there. He said, "You will work hard, live well,
and die poor." The only thing that remains for me to do,
which in the light of the present condition of my exchequer,
the only thing I have failed to do is to die poor. But when
I die, I will be poor. But I have worked hard, and I have
lived well, and one of the finest things about this position-the thing that I treasure more than everything else put
together-I don't care anything about whether people regard
you as being a judge; that doesn't mean anything to me.
The thing that has meant so much to me has been the
opportunity that it has afforded me to associate on a daily
basis with young men and young ladies.., and it's been just
a completely rejuvenating process. And for me it's been an
entirely different world that I have enjoyed separate and
apart from the law practice."
Judge Dupree said of his work as a judge and his work as a trial
lawyer, "When I go in the courtroom, I feel like I am at home. And
I love juries. I love jury trials. And I love the court family." He
ascribed to his father and to A.J. Fletcher, with whom he practiced
for so many years, the roles of mentors in teaching him how to
practice law and manage cases.
Though he was active in Republican politics and served as
Chairman of the Republican Party in Wake County before becoming
a judge, he said that it makes very little difference, ultimately,
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880
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was growing up, Justice Frye remembers a man named Walter White
who was very active with the NAACP. He also admired Thurgood
Marshall and Clarence Darrow, but generally had an unflattering
image of lawyers since lawyers were not held in high regard around
Ellerbee among the people he knew.
I When he was in high school, Frye considered becoming a
pharmacist or a dentist. He went to College at North Carolina A&T
in Greensboro and took courses in chemistry and biochemistry, both
of which he very much enjoyed. At A&T, he came under the
influence of Dr. Isaac Miller, an excellent, young teacher who later
became president of Bennett College. Frye was active in ROTC,
participated in a number of plays that were produced between A&T
and Bennett College, and graduated from A&T with highest honors.
He was then commissioned as an officer in the Air Force.
While waiting to assume his commission, he tried unsuccessfully
to find work around Greensboro and extended his search to New
[Vol. 73
York. He finally had to settle for a job with a meat packing plant
owned by Armour & Company. There he worked in a slaughterhouse, handling the carcasses of slaughtered animals after they were
killed, putting them on racks, and cutting up the carcasses for various
cuts of meat. Justice Frye put a high value on this experience and
said that he made good money, built up his muscles, and learned a lot
about people.
It was after he entered the Air Force that he got his first positive
view of lawyers. Justice Frye said: "I just got the wrong impression,
I suppose [around Ellerbee], that most of them were very terrible
people whose job it was, as a lot of folks around there said, to 'lie
people out of trouble.' So I did not have a very high opinion,
generally, of lawyers." The lawyer in the Air Force who changed his
ideas about the profession was a young man who spent free time
teaching prisoners (military prisoners who were in the stockade) to
read and write. Justice Frye said, "This just sort of shocked me.
Here this guy is, this was in Japan, and of course on the weekend, all
the rest of us were going out and having fun, and this guy was
spending his free time doing this. That sort of changed my idea a
little bit." It sparked his interest about law as a possible career, and
he began to read about lawyers and their work.
About this time, Frye talked with Kenneth Lee, the black
attorney in Greensboro who was one of the first African-Americans
admitted to the UNC School of Law and who handled a good deal of
the early civil rights work in the Greensboro area. Lee further
convinced Frye that law was an honorable calling. Frye told Lee that
he had been discouraged about going to law school because he knew
that he did not have any connections to bring him business when he
got out to go into practice. Lee told him, "Don't pay any attention
to that stuff. You go down, and you do well, and you'll be all right."
Based on Lee's encouragement, Frye applied to law school at
Carolina and was accepted. He was the only African-American in his
law school class, but did not feel that caused him major problems. He
was married by that time and lived in Greensboro with his wife and
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she had seventeen dollars, that's all she could afford, but he
called and asked me if I would do it for her. I told him,
yeah, I'd be glad to do it. So she came in, and I got all the
information and everything and told her to come back in a
couple of hours and I would have the will for her. And she
came back, and she was a lady who made a living as a
housekeeper, and so she brought the lady for whom she
worked with her, along with another neighbor to my office,
because she wanted them to be witnesses to her will. And
we did. And she went into the hospital, and she lived after
the operation, thank goodness. That lady sent business to
me as long as I practiced law. People were always coming
to me saying that this lady was the one who sent me. And
incidentally, later, about two or three years ago, she was
honored by Channel 2 [WFMY], the TV station in
Greensboro, as a person who cares for the community. She
was the kind of person who did a lot of work in the community, helping people and so forth, so she was one of the
people who was honored by them. I was there, and she
reminded me of that at that time.
He also spoke about other aspects of his practice in which his
service went beyond what is traditionally considered "legal work" and
in which the term "counselor" takes on broader meaning:
[T]hat was another enjoyable part of my practice-advising people concerning their estates and regarding
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planning for the future and doing wills and estate planning
and things of that nature. I had several people who sort of
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exclusion, and finally the Chairman relented. Frye was allowed the
seventh pick of offices. Of course this meant that another member,
who had been allowed to choose that office in his place was ejected.
Frye received criticism for this, but said he had no regrets about
standing up for his rights.
While in the Senate, Frye was on the Appropriations Committee
and was assigned to a subcommittee whose job it was to visit statesupported institutions and examine how money was being apportioned. He found that in regard to orphanages, white orphanages
were receiving a disproportionate amount of the funds compared to
black orphanages. His subcommittee devised a formula that corrected
that.
In 1971 Frye organized the Greensboro National Bank. He had
observed in Greensboro that in every business he knew, whites were
in charge and blacks were either operating elevators or sweeping
floors or, if the business was a retail store, coming in as customers.
In banks all the tellers and officers were white. One day, he visited
the North Carolina Mutual Life Insurance Company, a very successful
black-owned business in Durham, and saw a very different situation.
Black people were walking about in suits and working, not only as
tellers, but as bank managers and executives. He visited the blackowned Mechanics' and Farmers' Bank in Durham and saw the same
thing. The contrast between those institutions and what he had seen
in Greensboro convinced him that something should be done. His
friend Kenneth Lee had organized the American Federal Savings and
Loan Association in Greensboro, which was controlled by black
people. Using this example as further inspiration, Frye began to
organize a bank that would be run by black people.
Justice Frye recounted the story of the bank's founding at some
length:
To give you some idea how much nerve I guess I
had-first of all, I didn't have any money, and everybody
told me that if you're going to organize a bank you've got to
have some money. I said, "Well, we'll get some money." So
I started talking to people and trying to get some interest in
it. The controller's office ... for the region for North
Carolina is in Richmond, Virginia. So [at] any rate, once I
got a group of people, a small group who were interested
enough to agree to put up a little money, I went to Richmond. I caught the bus, went up there, transacted my
business; I had to spend one night up there and then caught
the bus and came on back. At any rate, they told us we
needed $300,000 capital minimum in order to start. The
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because at the rate we're going, we never will get it." ... I
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accordance with the law, and the law has been followed...
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C. FULLER:
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looked up from her writing on the board. She simply said, "He'll be
back." By the time Fuller reached the bottom of the stairs, he had
begun to regret his behavior. He knew Ms. Shaw was a good teacher,
and that he was wrong and she was right. He went back upstairs and
picked up all the papers off the floor, put them back on the desk, and
sat in his seat. Ms. Shaw, still without looking up from her writing,
said in a loud voice, "I told you he would."
Fuller told his interviewer a story about his mother and how she
affected his attitudes about race. He was then a sophomore in high
school, and his mother had begun to work as a program director for
the YWCA in High Point. As part of her job, she was to attend the
national convention for program directors and staff. The YWCA was
racially integrated on a national level, but an issue arose concerning
attendance at the convention by the one black program director in the
YWCA system in High Point. The assumption was that since the
High Point YWCAs were segregated, the black director would be told
she couldn't go to the national convention. These questions arose in
a staff meeting to which the black program director was not invited.
Fuller recounted the story as follows:
My mother said, "Don't be silly. If we are going to go, she's
going to go, or I won't go." Somebody said, like it was a big
deal, "Who in the world would room with her?" My mother
said, "I will. Furthermore, if she doesn't go, not only will I
not go, I'll quit."
Fuller continued,
[A]nd that doesn't sound like a brassy thing now, but that
was in 1958, in a totally segregated town .... That's what I
mean; my mother had a lot of courage when it came to
individual people. She could not abide being hurtful or
discriminatory as an individual [even though she basically
accepted the status quo of racial segregation]. The end
result of the story was that the black program director was
invited to go to the convention. She went and apparently
never knew there had ever been a controversy about
whether she should be invited.
Fuller was a football star in high school, playing in the East-West
all-star game which included the best players in the state. He also
lettered in basketball and track. He fondly recalled the influence on
him of his high school football coach who "worried more about
playing fair than winning."
When he went to college at Davidson, he again played football,
but in other respects his college career was not entirely smooth
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borhoods, and they were falling apart, and there were good
people living there. We were forming self-help groups; that
was one of the things the church did. They'd go to the bank
and, dammit, get turned down. It was redlining before
people even knew what to call it.... [Big Daddy] was a big
old guy about six foot five, three hundred pounds and had
this very affected way of talking about everything. So he
says, "Well we've got to get some money for these groups;
we've got to be able to repair and build up these houses."
They were nice old brownstones that were worth a lot of
money and certainly in good condition but needed repairs
because they were old brownstones. The Dime Bank was
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didn't know who I was and why I was there, and he must
have had two hundred applications. He couldn't even find
my application, and every time he'd turn a page, I'd see
Harvard, Yale, Chicago. Finally, I got to meet with [Julius]
Chambers, after waiting about an hour and a half. I didn't
realize everybody waited an hour and a half to meet with
Chambers. It was clear to me I didn't have any chance at
this job.... Chambers was talking about starting a black
savings and loan, which I did think was a good idea. One of
the phrases then was, "Go from black power to green
power." I thought it would be a great idea to have a
primarily black-owned savings and loan. So, Chambers said,
"One thing we could do to give a little economic stability to
the firm and also help to get this project under way [is to
hire] somebody to do property law." I said, "Well, Mr.
Chambers, funny you should mention that, I really enjoy
property law. I would love to get involved in property law."
With his newly discovered interest in property law, Fuller returned to
Chapel Hill and asked every law professor he had had to write letters
to Julius Chambers and Jim Ferguson. He later learned that one of
the firm's partners, at the meeting in which it was decided to hire him,
remarked that he thought Fuller must be an SBI plant because
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same way that blacks have to learn it. Some of the most
noted black activists I know mourn that their children are
uninterested in these causes. They say, "Well, we don't have
those laws that didn't allow us to walk on the side of the
street, and you know, they're all gone, those Jim Crow
laws." But the truth is, it isn't just laws. Laws have to be
interpreted; they have be enforced; they have to be changed,
you know. It's an evolving process that will never stop.
And maybe in a century we'll have more equality than we
do now, but we do not have it yet by a long shot. And these
large numbers of very bright, wonderful women graduating
from law school owe it to their foremothers to keep on
fighting for us, and that means banding together and getting
in place to do that sort of thing.
It means running for the legislature; it means really
stepping out in front and realizing that in addition, and this
is the kind of speech that the judges like to give to lawyers,
you know: "you owe service." When you get sworn in...
in most counties, they have a big ceremony for everybody at
once in the fall so, you know, forty, fifty lawyers get sworn
in at once, and the presiding judge always makes nice
speeches about service and stuff like that. Well, that's real.
That is real! That is something lawyers, professionals, have
an obligation for service. Maybe everyone does, but I can't
speak to everyone. I think we would have a better country
if we all were more community-minded. But I would speak
to the women and say, when you're coming out of law
school, remember that obligation of service, and if you don't
care about women, who else is going to? So others may do
something else; others may build houses for the poor; others
may serve on corporate boards, and that's fine. I have
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and neighborhood in Brooklyn. From that time, she has been deeply
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of her growing family. She remains very proud of her four sons, three
of whom are lawyers and the other an electrical engineer.
Her husband, Don Stanford, died when her sons were teenagers.
She recalled:
When I became their mother and father, I tried really hard
to deal with four teenage sons, and that is not an easy
proposition, let me tell you. I wanted them to remember
him, and I wanted them to be like him because he was a
good person to follow. And so we talked about him a lot
and the kinds of things he would do, and when they would
do something that I didn't think was appropriate, they
remind me of how many times I said to them, "I don't think
your father would have liked that, and you should think
about that." And they suffered a lot from their father's
death. I did too, and I think mine was so bad that I didn't
see their suffering.
She said about raising her sons,
I tried to teach them, though, that you should never close
down any of your options, that nobody can take your
education away from you. I lived by that, and they knew
their mother believed in education, and I was always in
school, always taking a course, and always reading a book.
She also taught them to question authority.
After her husband's death, Love obtained a master's degree in
American history and began to teach, first in junior high school for
about five years and then as a guidance counselor in the high school
for another five years. She also served briefly in the General
Assembly when she was appointed by Governor Bob Scott to fill out
the remainder of her deceased husband's legislative term. Subsequently, a friend of her husband's ran for her husband's seat and won,
and Love returned to teaching high school. The friend later called
her, said that he was going to leave the House and run for the Senate,
and suggested she run for his seat. The teachers who knew her
enthusiastically supported that idea because of her positions on
education. She ran for the General Assembly and won. By that time,
she had married her second husband, who was a member of the
Durham City Council.
In 1975, while she was in the General Assembly, Love began to
realize the value in a legal education. She saw the bills she sponsored
being sent to the Judiciary Committee to let the lawyers on that
committee look at them. She decided to apply again to law school
and was again accepted at Carolina. She began her legal studies while
she was as a member of the General Assembly.
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When she was a second-year law student and still in the General
Assembly, Love went to the Speaker of the House and asked to be
made Chairman of the Appropriations Committee. He said that he
instead planned to appoint her to Chair the Judiciary Committee.
She was astonished and concerned. There were real lawyers on that
committee, and the committee dealt with complex legal problems.
She was afraid that she might be in over her head. The Speaker
assured her she would not. Judge Love said that most of the people
who were on that committee with her are now either Superior Court
judges, on the Court of Appeals, or on the Supreme Court. She was,
at that time, the first non-lawyer to be made head of the Judiciary
Committee.
Judge Love recalled an incident from her time in the General
Assembly. Susan Lewis, who was teaching at the UNC law school,
urged her to push a bill through the General Assembly to take from
the local Clerks of Courts the arbitrary authority to decide whether
a woman getting a divorce could also have her name changed back to
her maiden name (a power that was being greatly abused). When
Love brought the bill to the judiciary committee, one of the lawyerlegislators on the committee who opposed the bill attacked her for her
lack of knowledge of the law and how the courts worked. She related
that he told her, "You just want to change the world, and I have been
practicing the law and you have never practiced a day." This attack
upset her, but she was determined not to cry. She went to her office
and called the Speaker. Before she could explain herself, the Speaker
assured her that the legislator was on his way to her office to
apologize.
Judge Love viewed equitable distribution as the most important
issue she worked on while she was in the General Assembly. She told
the story of a woman in Winston-Salem who labored in the home all
of her marriage while her husband built up a fairly large and
profitable business. When the husband left his wife for another
woman, he took the business with him. Judge Love believes that the
outrage over that case was a key factor that led to the passage of the
state's equitable distribution law. Judge Love described the legislative
process:
Equitable distribution was an interesting law for lots of
reasons. We had eight million lawyers down there, tax
accountants, everybody you can imagine arguing about every
single little point. I was barely a lawyer, and so I was
heavily dependent on some really good lawyers. Joe
Hackney was then serving with me in the General Assembly.
[Vol. 73
now in Congress, was down there too, and they would help
me. They would tell me what to say. This is the issue here,
and we kept putting out fires, and we worked one thing and
another thing. Well, we finally had it, got it out of the
House. It had gotten out of the Senate Judiciary Committee. I had been over there to argue that. R.C. Soles was
over there, chairman of that committee, and he had put us
in a good position. He'd put it in a good subcommittee, and
it had come out of that. They argued in the committee, and
they kept calling me "young lady this"-I was over fifty
years [old]-"young lady this" and all that stuff. And the
wives of these legislators would say to me, "I don't need
equitable distribution. My husband's always going to be
there to take care of me." And three of them did not
happen to. They got divorced, and three of them said to me
later, "Thank God."
Love was quite active in trying to pass the Equal Rights
Amendment as well, but looking back on that now, she said she's not
sure that it should have passed:
It may be better for us to do it law by law, because there are
some things, if you change and say people have equal
standing, there are some things probably women would lose,
and so I'm not sure that [its failure] was a bad thing. It
would have drafted women, and that's the reason it didn't
pass, I think. I think that's why it didn't pass in the United
States, but it really irritated me. I was the floor leader for
the Equal Rights Amendment one of those times, and it
really bothered me for those legislators to get up and say, "I
don't want my daughter going to war." And I said, "What?
Your daughter is worth more than my son?" I said, "I hope
that if the girls had to go as well as the the boys, that people
would consider a long time before they went to war again."
After graduating from law school, Love went to work for the
Coleman, Bernholz law firm in Chapel Hill. Love felt that the firm
wanted her to help attract women clients. She thought she fulfilled
that function, working on Monday and Friday afternoons and in the
evening while she continued to serve in the General Assembly.
Love was appointed to the district court bench in 1981 by
Governor Jim Hunt. Her second husband had become disabled, after
suffering a heart attack during her last year in law school. She knew
she had to have a good income. When the Governor's office called
her and asked if she was interested in an appointment to the bench,
she was tempted to say "no" because she wanted to stay in the
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General Assembly. But she knew it was probably not wise to do that.
The seat in question was a newly-created seat, and Love was afraid
that if the Governor opened it up to bar endorsement, as frequently
occurs for vacated seats, she would not receive the endorsement. But
she also knew that there were few women on the bench in North
Carolina and that there should be more. She learned after her
appointment that she could only serve for one year before she would
have to stand for an election. The Governor had conducted his own
poll in Orange and Chatham Counties to see if she was electable and
found her to be not only electable, but in fact, quite popular. After
she accepted the Governor's offer, Judge Love said, she was worried
about whether she would be able to perform as a judge. She was
reassured in this when she took a course for new judges at the
Institute of Government and saw that there were judges there who
were quite young, some of whom had been in her law school class.
Judge Love said in regard to her work as district court judge:
I had been in district court enough to know that it's not law
you need in district court as much as you need mercy and
justice. In civil court, that's different. I think you do have
to know law there a lot more, and in criminal court, it was
fairly easy because the law is fairly easy.... [T]he insolubility of the juvenile court [makes it] so discouraging, because
we don't have any options. I shouldn't say none, but we
have a very limited number of options, and the victims of
5. Judge Love retired on November 30, 1994. Todd Nelson, Judge's Ruling:
Retirement, THE NEWS & OBSERVER (Raleigh, N.C.), November 26, 1994, at 1B, 6B.
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909
with the issues. But of course you have to project the image
of calmness and control. You certainly don't want the client
or the jury or the judge to see that you are in turmoil, and
so you have to brace yourself. And perhaps the discipline
of the military helps in that regard, but you develop that
discipline anyway just by experience.
After he got out of the service he came back to Raleigh and
struck out on his own in practice. By then he and his wife had three
children. He was offered the position of prosecutor of the Municipal
Court in Raleigh, which he accepted and held for about three and
one-half years. He then resigned and went out on his own again. He
explained his reasons:
I realized that the longer I stayed in the position, the more
dependent... I was upon the regularity of the paycheck and
the harder it would be to wean myself away from that as
time went on.... Not that it was much of a paycheck...
but in those days I was thankful to get paid $400 a month.
With a wife and three children, I needed that security, but
I realized that I had to break away from it, or I... would.
become wedded to the concept of being a prosecutor or
something like that throughout my life. By then I had
decided I wanted to try my hand at the general practice of
law.
McMillan practiced law for eight years before he ever saw a pay
check of over $1,000 per month gross. He stated that when he began
he was, like his father before him, a general practitioner:
Whatever walked in the office.., there were no specialists.
He did a lot of tort law. He did some criminal law. He did
some title examination type law. And I did all of those
things when I started, but as time went on I started doing
more criminal law than anything else.
McMillan is a lawyer who operates from deep moral conviction
and one who continues to reexamine his positions in light of certain
principles that he holds very dear. Chief among these are the dignity
of the individual, the protection due the individual under the Bill of
Rights, and the lawyer's role in seeing that individual dignity and
individual rights are protected. He believes this role to be so central
to the sanctity and integrity of the American justice system that he
views the practice of criminal law as "a calling." He gave an informal
listing of basic rights and said:
The list goes on. These privileges are so basic that we are
blas6, and we are. And we say, well, he's not entitled to a
fair trial, but I am. And it's the duty of the criminal bar to
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make sure. Not only are you entitled to a fair trial, but so
is he.
He continued:
You know a lot of lawyers, a lot of silk-stocking lawyers
look down on criminal law. And they sort of tolerate it, but
they try to disassociate themselves from it. Which is fine.
They like to go around with their friends, their banker
friends, and what have you-and nothing wrong with
bankers, but you know, I'm just using that term. They like
to go around with their businessmen and banker friends and
say, "Well, I don't practice criminal law. I don't sully my
hands with that." But those who really think about it
appreciate the position I'm espousing. I mean the real
lawyers appreciate that whether they're civil lawyers,
criminal lawyers, anything else.
Because anybody who thinks about it realizes that that
is our system, and that's what makes America great. You
hear people talking about this economic system or that
economic system. The economic system is not important.
What's important is the safeguarding of the Bill of Rights
and the dignity of the individual. That's what's great about
America. You don't hear politicians talking about that.
You hear them talking about supply-side economics, or this
kind of economics, or that kind of economics. What's great
about America is the dignity of the individual and the
protection of the individual in our Constitution. And that's
what sets America apart from the rest of the world, and to
a lesser degree England, but America more than any place.
That's my belief. That's really my basis for being a lawyer.
It is also apparent that McMillan has a deep respect for his fellow
man. In his interview, he talked about his service as a prosecutor,
saying, "I have great empathy [with] and sympathy for the accused
people. I found it very hard to dislike these people. Because so
many of them, you know, were just in deep over their heads, just
pathetic people that just got into messy situations." He said the same
thing of being a criminal lawyer defending the accused:
I will say this. I've practiced law for forty-three years, and
most of it has been criminal law. I have seen very few
criminal defendants whom I would say were basically mean
and vicious people. Very few. The great majority, even
those involved in crimes, are people who are misguided, who
get into emotional jams or other types of jams beyond their
control. I have seen very few really vicious, mean people,
although I have seen some.... But by and large, they are
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ing and planning for the future are just a wise course of
action. Second-guessing is destructive.
In addition to his remarkable career as a criminal defense
attorney, McMillan also serves as a counselor in an informal way to
other members of the bar, and he is aware of the importance of this
role. He said that he has often thought that he would like to teach
and that he has been able to fulfill that urge over the years as other
lawyers began to come to him for counseling and advice.
I feel that I have helped a lot of lawyers in some of these
areas
. .
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not like school and did not find it challenging. Though he was under
age, he stayed in Marine Corps basic training for twelve weeks until
the Corps ran a security check on him to qualify him for work with
nuclear weapons and learned that he was only fifteen. Because he
was underage, he was discharged from the Corps. He returned to
high school, staying there until he turned seventeen. Again, he
dropped out and this time joined the Navy. He never went back to
high school. In the Navy, he was in an amphibious unit, a member of
an underwater demolition team, and ultimately was assigned to the
SEALs (the most elite and highly-trained Navy combat troops). He
spent his entire Navy career in the Pacific and was in Vietnam well
before the conflict there was actually recognized as a war (1959-62).
Justice Mitchell said of his military experience:
You learn self-sufficiency, but you learn it in the context of
a greater unit that you have to help make function. So you
have to be self-sufficient, but at the same time, you have to
be supportive of your unit and fulfill your obligation in
there. Otherwise, the whole unit can be lost. So, I think I
learned responsibility. Another thing I learned there though
was the ability to take charge and command other people..
. So, you learn responsibility for others, and I learned a
little something about command. If I had to put my finger
on one thing, I would say you develop the ability to make a
decision. You gather the information, the best information
available to you, analyze it, make a decision and then stick
with it. And that ability is something that is sadly missing in
most people.
When he got out of the Navy, Mitchell thought that he might find
a job that allowed him to work with his hands. He was in very good
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nationally, at that point, that I just really got into the swing
of learning and trying. And I knew how much-how far I
was behind. And so I tried to learn it all, you know, and for
the first three years, I really loved it.
While at North Carolina State, Mitchell also became interested
in politics and worked in Bob Scott's campaign for Lieutenant
Governor. This led in part to his decision to go to law school because
he felt that was the best place to go to have some voice in saying how
North Carolina was going to evolve as a state. "I guess that it would
be a position of, not of power, but maybe of influence, a position
where you could have an impact on society, and at the same time,
make a decent living." When asked what sort of impact he wanted
to make, he said,
Going back to when I was in grade school and high school,
I guess, it always seemed to me that there was a lot of
arbitrariness and unfairness, and elitism, or classism in North
Carolina, which was basically what I knew at that point. It
just seemed to me there was a lot of unfairness. And at that
point, of course, I hadn't awakened to think in terms of race
at all.
Justice Mitchell spoke about his growing awareness of racial
issues. In the military, he had become very close to people of all
races, because they were thrown into close proximity to each other.
I mean, you know, sleeping at night where we would throw
an arm over each other, that sort of closeness, not some
academic setting. I think that experience sort of reinforced
my feelings already that there was just a lot of injustice in
the world, unnecessarily. I mean, the gratuitous injustice.... So I set about trying to [correct] that. It sounds so
self-serving, or maybe trite, but to try to see that everybody
got a fair shake, got a fair opportunity, not equal results, but
an opportunity to achieve.
Mitchell was president of his law class, but he did not like law
school. He said that at the time he thought he liked it, but when he
got out he realized how absolutely depressing and tedious it had been.
He said, "After I got out of law school and looked back on it, I was
thoroughly miserable, just because it was so tedious and there was no
life to it; it was just in the abstract. To me, law in the abstract, just
law for law's sake, is about as interesting as watching grass grow."
918
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a ticket. They were both down there with their mothers and
no fathers. I just took them in and explained to them, "Now
you know we are required to have these licenses and
everything. But I'm really proud of you for being out there
fishing instead of off getting in trouble and stuff" And we
talked about it. Well, I like to fish, so we talked about
fishing a while. I said, "Now ... I don't want you to go
together in the New Deal programs for the United States Department
of Agriculture and the two sons knew each other, although they were
not close. Mitchell started working in Hunt's campaigns in the early
1970s, when Hunt was campaigning for Lieutenant Governor and in
both of his earlier campaigns for Governor in 1976 and 1980.
Mitchell was appointed a member of the Hunt Cabinet as Secretary
of Crime Control, a job in which he found fascinating opportunities
to deal with the emergency response capability of the state. That
department includes the National Guard and the State Emergency
Management Service (for dealing with natural disasters), as well as
law enforcement agencies, such as the state Alcohol Law Enforcement
Agency and the Highway Patrol.
Among the many events that occurred during his term in this
position were a ten-inch blizzard on the Outer Banks and the shootout between the Communist Workers Party and the Ku Klux Klan in
Greensboro. During the Greensboro incident, he was forced to put
Greensboro under what amounted to martial law. He recalled
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. .
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Wade Smith was born on Ocotber 9, 1937, but his story really
begins before that in the farmlands and textile mills of the eastern
Piedmont. It is a story of humble beginnings where the seeds of
achievement were sown early and nurtured by a heritage of faith,
love, frugality and hard work.
According to Wade Smith, his father, Charlie Lee Smith, grew up
on a farm in Stanly County with "seven or eight" siblings. Their
mother died when Wade Smith's father was eight years old leaving
her husband, James Marvin Smith, with a "whole houseful of little
children." They were very religious people, and soon Wade Smith's
grandfather was called to the ministry. There he organized many
small Baptist churches and became a successful minister and according
to Wade Smith, "a wonderful... powerful speaker." Wade Smith
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said that James Marvin Smith was, "a really good man, one of my
heroes, and I spent hundreds of hours when I was a little boy hearing
him in the pulpit." The young Wade Smith was also fascinated with
the idea of his grandfather's "call" to the ministry.
[T]hat's always been of great interest to me.... I think
about it as it relates to the law, about being called. Are we
called to what we do? And I used to ask him about it when
I was a kid: What it was like to be called? Did you actually
hear someone? Was there a voice that says, "I want you to
be a minister?" What would you hear? He would say it was
just a feeling.
Wade Smith's mother was also from a large family. Her father
was a "sometimes farmer, sometimes textile worker" who could not
read or write. Wade Smith remembers visiting his maternal grandparents in South Carolina where they had no electricity and lit their
house with kerosene lanterns and lamps. He described his mother's
family as a very "happy" and "wonderful" family, but "very poor."
Wade Smith related the story of how his mother and father met:
[M]y father moved to Richmond County as a young boy.
That's Rockingham, North Carolina. And so, what happened was the Depression came, and my mother and my dad
were in the eighth grade at Rohannan School, which is a
small school in Rockingham, and my dad met my mom, but
at the age of sixteen, it was about the age of ninth grade,
they had to stop school because of the Depression. So they
next... met each other in the spinning room in a cotton
mill in Rockingham, Hannapickett Mill, and so they did their
courting as young kids, really, working long, long shifts,
making just very little money, in the cotton mill in Hannapickett Mill in Rockingham County. There's much to tell
about all that. It's a very, very important part of my life.
The way my mother and dad started, they are very good,
bright, intelligent people. They had to quit school, they had
no education, and so the story begins like that.
Wade Smith and his brother Roger spent their early childhood
in a mill village, where there was no running water, no indoor
plumbing, and where life was "very simple." Smith said, "We had
plenty; if we were poor, we didn't know." What the family did have
was an intense devotion to one another, a reverence for education,
and a drive to help the children succeed. Wade Smith credits his
parents with his own drive and ambition:
[Vol. 73
couldn't let them down, they had done too much. They
came so far. My dad used to tell stories about having to
walk from Rockingham, North Carolina, to Great Falls,
South Carolina, when he was trying to find work. He didn't
have any job, and he would have to walk. There was no
way to get there, and it was a long way, and it would take
several days to walk, and he would have to find places to
spend the night. He would just go to houses and knock on
the door and stay there for the night; and so a lot of times,
when I'm thinking about, well, you know, I can't go on,
work is so hard, or I've got a case that is just overwhelmingly important and incredibly tense, I think, well, you know, I
am really not going to let them down. And so it's standing
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arrived at court, and the TV cameras are there, and all the
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world better than the ministers did, that they could actually
affect the world for good, that they could bring about social
change, that they were very well educated people. They had
the power, through learning, to make the world better. So
it was a magic time. And that was part of what brought me
to the law.
Wade Smith's intense pride in his profession is a pride in the role
of lawyers in society, in the way lawyers relate to each other and to
their clients, in their personal integrity, and in their creed of service
to people. He paid glowing tribute to lawyers and their work:
[T]he lawyers of my era, I think, understood the importance
of respect for each other-and I hope that's still true....
[W]e respected each other; we thought of the law as a very,
very fine profession that probably-and I would say this is
absolutely the truth-the most honest group of people I
have ever known, they are by far the most honest people I
know. The lawyers I work with in my firm and in this
region of the world, and even in other cities I work with,
lawyers are honest people. They are very honest. They are
the best, they're the best group of people. They're the most
fun. They're the most intelligent. And I think it's still true,
that probably the best young women and men that we
produce aspire to be lawyers. And maybe all they need to
do, if there are any now who feel a bit negative, maybe they
just need to hear those of us who are out here practicing say
So over and
over, I'll bet if you took all the people we've dealt with in
thirty years, and you take all the people of most any
minister that you want, has dealt with in thirty years. And
you go see, go interview the people we represent. And go
interview the people the minister worked with. And then
you go see the people affected by those works, and the
ripples that came from that, and you would see that we are
like ministers. We do the same.... We make good things
happen. The difference is that ministers ... deal with the
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Weeks knew of one young man from his community who had
gone to North Carolina A&T and a woman who had gone to Bennett.
Through them he learned about A&T in Greensboro and decided to
go there. He took a bus from New Jersey to Greensboro with
everything he owned in two small suitcases. He believes that North
Carolina A&T was a good experience for him: "For the first time in
my life I saw black-owned businesses; I saw black professionals; I had
the opportunity to be taught by motivated black instructors. It was
the first time that I had a real sense that black folks could achieve,
that black folks could succeed." He felt there was a great deal of
difference between the world he came from and the world at North
Carolina A&T. He said it was very hard to communicate to people
back in the world where he had come from about his experiences in
college because they had no way of understanding. His family and
friends were proud of the fact that he was in school, but they felt that
he was going to a second-rate school because it was black. He
ascribes this perception to the misinformation about black colleges in
the media.
While Weeks was at A&T, the administration there neglected to
send his draft exemption to the Selective Service Board, and he
received a draft notice and reporting date from the Army. To avoid
that destiny, he enlisted in the Air Force. Though he received a
delayed enlistment date, he still was unable to finish school, and he
entered the Air Force in 1967 (his third year at A&T). He served
four years in the Air Force, spending part of the time in Southeast
Asia and part of the time in Europe. After he left the Air Force, he
returned to North Carolina A&T and graduated in December 1973.
While finishing college at A&T, Weeks worked the second shift
at Guilford Mills six nights a week and went to school during the day.
He had classes from 8:00 a.m. to 2:00 p.m. and went to work from
3:00 p.m. to 11:00 p.m. This was during the wage freeze under the
Nixon Administration, so he had to work considerable overtime just
to survive. He said of the job:
[It] taught me a lot about human beings because most of the
folks who worked at that kind of job, textile work, they were
poor; they were black, white, and Indian. It was backbreaking labor, and most people spent their entire lives
doing it, but I learned an awful lot about people at that job.
I think it helped me ultimately down the road as a practicing
attorney.
Judge Weeks talked about why he decided to go to law school,
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It was
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[Vol. 73
you can't make the kind of changes that you want, and [by] staying
in the game." He said further:
I think all of us start out with grandiose ideas about how
much change we are all going to be able to make. Then
comes the often unsettling realization that any change we're
going to make is going to be very small. The question then
arises, can you deal with that. I learned fairly early on to
take whatever good that I could, count it as a blessing,
because those instances would be few and far between, but
to recognize that it was important to make change when you
could and to the extent that you could.
After ten years, Weeks left the public defender's office and went
into practice with Jim Parrish and James Cooke. When he was
persuaded to run for Superior Court judge in 1988, there was only
one elected black Superior Court judge in the entire state. Judge
Weeks felt that it was important to have minority presence on the
bench. He also believes that it is important to have more women on
the bench and that currently Native Americans as well as AfricanAmericans are underrepresented. "I think there has to be a perception that justice is being done," he said. "That perception is enhanced
when you have a wider representation on the bench. I thought it was
extremely important that blacks, as well as women and other
minorities, be represented in our judicial system."
Judge Weeks spoke about the ability of a judge to effect change.
Based on the sheer number of cases that I deal with and the
position that I hold, I have an opportunity now to have
more impact ... than I ever had in my professional life.
Obviously, when I was acting in the role of an advocate, I
was limited in what impact I could have on things. I could
do the best I could to be a good advocate, but I didn't have
real decision-making powers. I now do, but I'm no longer
an advocate. I was thinking a few weeks back over the
number of cases I've been involved with in five years, and
that's a lot of lives to touch, not only the folks who are
involved in the lawsuit, but the lawyers. Hopefully, I've had
some impact on them if I have conducted myself in a
confident and fair and courteous way. It's like a ripple
effect, but the opportunities to have some influence on what
occurs, and how folks see it, has certainly increased.
Judge Weeks also discussed the attributes he believes an attorney
should possess. He immediately spoke about credibility-personal
credibility-and selling a service:
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[Vol. 73
higher standard. My frame [of mind], when I was a practicing attorney and even as a judge, is I'm going to be the most
prepared person in there because I can't afford to be
anything less than that.
Reflecting on his years at the UNC School of Law, Judge Weeks
said that he appreciates the opportunity that Carolina gave him.
The oppoitunity has been meaningful to me, and that's why
I do the programs I do at UNC. I think there's a lot of
room for change in attitudes. I think Carolina is a microcosm of our society just like most other institutions are.
Hopefully, Carolina will continue to grow, and black
students will feel more a part of the system than I felt when
I was there. I think that change is going to come. I hope it
comes faster than one might expect from the track record.
Judge Weeks believes that a lot of being able to improve oneself
has to do with luck, and by that he means more than chance.
Luck is, for me, a combination of having the opportunities,
and either having in yourself, or from some other source, the
ability to recognize it for what it is and to appreciate it. By
appreciate, I mean to show by your conduct that you are
going to do your part. And keep in mind, while there are a
lot of bad things happening out there and a lot of folks who
will do negative things to you, there are also some good
people out there. There are some folks out there who will
match you step-for-step, and sometimes take two for every
one you take and help you along the way. You need to
make sure that those folks have not wasted their time or
their efforts [on] you.
[Vol. 73
8, 1952, members agreed on language for the certificate of incorporation and for the proposed by-laws of a new association. Members
also instructed that the annual payment required for a sustaining
1. Minutes of the Law Alumni Association of UNG Planning Meeting, Sept. 27, 1952
(on file with the University of North Carolina School of Law).
2. Id.
3. Id.
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4. Minutes of the Law Alumni Association of UNC Planning Meeting, Nov. 8, 1952
(on file with the University of North Carolina School of Law).
5.
6.
7.
8.
Id.
Id.
Id.
Id.
[Vol. 73
9. Minutes of the Annual Meeting of the Law Alumni Association of UNC, Inc. and
Report to Alumni, Nov. 14,1953 (on file with the University of North Carolina School of
Law).
1995]
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10. "Resolution of the Law Alumni Association, Inc. Regarding the Block Improvement Award," Minutes of the Law Alumni Association of UNC, Inc., Nov. 6,1954 (on file
[Vol. 73
11. Minutes of the UNC Law Alumni Association Meeting, Oct. 5, 1957 (on file with
the University of North Carolina School of Law).
12. Minutes of the Annual Meeting of the UNC Law Alumni Association, Oct. 31,
1959 (on file with the University of North Carolina School of Law).
13. Id.
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Secretary. At its first meeting in 1959, the Law Foundation had assets
totaling $572.4
THE LAW ALUMNI AssoCIATION AND LAW FOUNDATION
FROM 1960-69
By 1960, the Law Alumni Association had attracted 700
members, up from a membership of 482 in 1959. Contributions
neared the $2,000 mark for the first time. The Law Foundation
Council closed out its first year with assets totaling $5,000. Income
from the endowment, plus distributions from the Association,
produced support for law scholarships ($700) and miscellaneous
publications and activities ($1,000). Notable gifts in this year included
a bequest of $10,000 through the estate of Thomas Ruffin, $100 from
the North Carolina Bar Association, and the first recorded gift of $50
or more from a faculty member-$74 from Professor Frank Hanft.
With Association membership reaching 1,000 for the first time,
in 1962 the Law Alumni Association undertook its first effort to
compile a comprehensive alumni directory. More than 1,500 copies
of the book were produced at a cost of $1,100. The books were
distributed to all active alumni in late 1963.
Also in 1962, the law school hosted its first Law Alumni Dinner.
The event, which formerly had been held only for current Law
Review members and alumni, was opened to all alumni of the law
school. With input from the Law Alumni Association Board of
Directors, it was determined that the dinner should be held on a
Friday evening prior to a Saturday afternoon home football game.
This tradition, started in 1962, is still observed today as Law Alumni
Weekend.
On November 26, 1962, Law Foundation Council Chairman
William A. Dees, Jr., announced that the Law Foundation would
receive the first installment of what would be a $150,000 gift (the
largest in law school history at the time) from Mr. Frank Kenan and
family. At the time of the announcement, the purpose of the fund (to
be known as "The Graham Kenan Fund") was "to provide income for
the payment of a salary supplement to such distinguished members of
the law faculty of the University of North Carolina as may be
14. Id.
[Vol. 73
1995]
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16. Minutes of the Meeting of the Board of Directors of the UNC Law Foundation,
Inc., Nov. 14., 1969 (on file with the University of North Carolina School of Law).
948
[Vol. 73
17. Minutes of the Meeting of the UNC Law Foundation/Law Alumni Association
Board of Directors, April 19, 1984 (on file with the University of North Carolina School
of Law).
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Broun asked the Board to approve that year's budget with the
understanding that if funds became available, he would like the
flexibility to hire someone to fill this new position. That flexibility
was granted and in May 1985 Beverly Cutter Modlin joined the
School of Law as Assistant Dean for Development, the school's first
full-time fund raiser.
As Law Foundation assets climbed to $3,746,521 in 1985, the Law
Foundation adopted a formal payout procedure that set aside four to
seven percent of the value of foundation assets for use each year.
Payments were made on July 1 of each year based on a December 31
evaluation of assets the prior year. Notable gifts in late 1984 and
1985 which added to the Law Foundation totals included the addition
of the John Cansler Lecture Fund, which provided an annual
supplement for a trial advocacy adjunct professor, and the Ted
Leonard Scholarship Fund.
The Law Alumni Association continued to increase activities and
programs for its membership throughout the 1980s. In 1985 the Association began providing certificates and welcome brochures to
recent law school graduates. ,In 1986 a new alumni admissions
program was initiated. This pilot program employed the use of
alumni in contacting accepted applicants with the hope that such
enthusiastic intervention of UNC graduates might entice some of the
more highly rated students to matriculate. In 1987 the School of Law
initiated Law Family Day, a day for parents, spouses, children, and
friends of law students to learn about law school life. All of these
new programs and activities continue in some form in the 1990s.
Fundraising also thrived in the later 1980s. By 1987 Assistant
Dean Beverly Cutter was reporting more than a three-fold increase
in total giving to the law school. The school successfully completed
a challenge grant program to secure a distribution of $383,083 from
the Morehead Foundation. The Chancellors Scholars Program was
created to replace Morehead scholarships that had been discontinued
the previous year. The law school also made tremendous headway in
a special fundraising appeal to establish a $500,000 Distinguished
Professorship in honor of Governor Dan K. Moore, who died in 1986.
By the end of Dean Ken Broun's tenure in 1987, Law Alumni
Association and Law Foundation gifts were providing fifty-two
percent of scholarship funds for students, ninety-seven percent of the
funds for Moot Court, International Law Journal and Law Review,
one hundred percent of funds for special activities for orientation and
graduation, and twenty-seven percent of Career Development funds.
[Vol. 73
1990-95
After completing the campaign planning process with the Law
Alumni Association in 1989-90, the school of law officially launched
an $8 million capital campaign on October 12, 1991. At the time of
the kickoff, the school and alumni volunteers had already raised $3.5
million toward the goal. Included in this total was a pledge of $1.2
million from Reef C. Ivey II for faculty and student support, a gift of
$100,000 from Charles Aycock Poe for the Chancellors Scholars
Program, a generous bequest of over $345,000 from the estate of
Thornton Brooks (a longtime friend and alumni volunteer of the
school), and a distinguished professorship totaling $500,000 in honor
of Arch T. Allen, a 1933 graduate of the law school.
Law Alumni Association district representatives played a
significant role in increasing the visibility of the campaign by
arranging more than thirty alumni meetings and dinners over the
course of Dean Wegner's first fifteen months in office. Following the
retirement of Cathy Schweitzer in 1989, planning and preparation for
these and other alumni activities was conducted by Mary R. Edgerton,
who assumed the new position of Director of Alumni Affairs and
Annual Giving in early 1990. Ms. Edgerton and the Law Alumni
Association printed a new alumni directory, which was made available
in late 1990.
By the end of 1991 and early 1992, the law school and the Law
Alumni Association/Law Foundation had received over $2.4 million
in additional gifts and pledges that prompted campaign volunteers and
the law school administration to increase the law school's Bicentennial
1995]
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[Vol. 73
again, raise the goal, this time to $12 million. These gifts included a
pledge of $100,000 in honor of John H. Anderson, Jr., '30, from the
law firm of Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan;
a pledge of $250,000 from William E. "Dub" Graham, Jr., '56, for the
law library endowment; a gift of $250,000 for a term professorship
from Miss Louise Ward; a pledge of $106,500 for the law library from
the law firm of Parker, Poe, Adams & Bernstein; a gift of $100,000
from Travis Porter '60 and Jane Porter for high merit scholarships; a
pledge of $250,000 for the library, scholarship, and a classroom from
the law firm of Moore & Van Allen; and a pledge of $100,000 to be
applied to the Law Library Campaign from the law firm of Kennedy,
Covington, Lobdell & Hickman.
By the end of September 1994, the School of Law and its Law
Alumni Association/Law Foundation had reached its $12 million goal,
strengthening the School of Law and providing it with a more secure
financial future. Even more important than the money that was
raised is the sense of community and inclusiveness that the Association helped to generate and that continues to grow. The present
success of the Alumni Association and Law Foundation has its roots
firmly planted in 1952 when Dean Brandis, William B. Aycock, and
the public-spirited group of alumni first met to create the Law Alumni
Association.
18. According to the Association of American Law Schools, the University of North
Carolina School of Law is ranked among the top ten public law schools in dollars pledged
and received from 1990-1993. ASSOCIATION OF AMERICAN LAW SCHOOLS, SECTION ON
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Greensboro
Asheville
Rocky Mount
Concord
Goldsboro
Morganton
Raleigh
Charlotte
New York
Greensboro
Jacksonville
Waynesville
Fayetteville
Winston-Salem
Fayetteville
Greensboro
Charlotte
Raleigh
Gastonia
Charlotte
Wilson
North Wilkesboro
Winston-Salem
Greensboro
Charlotte
Morganton
Durham
Winston-Salem
Greensboro
Goldsboro
Greensboro
Charlotte
Raleigh
High Point
Gastonia
Greensboro
Charlotte
Raleigh
Elizabeth City
1952-53
1953-54
1954-55
i955-56
1956-57
1957-58
1958-59
1959-60
1960-61
1961-62
1962-63
1963-64
1964-65
1965-66
1966-67
1967-68
1968-69
1969-70
1970-71
1971-72
1972-73
1973-74
1974-75
1975-76
1976-77
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85
1985-86
1986-87
1987-88
1988-89
1990-91
1991-92
Tabor City
Asheville
Winston-Salem
[Vol. 73
1992-93
1993-94
1994-95
Goldsboro
Durham
Winston-Salem
Asheville
Jacksonville
New York
Chapel Hill
1959-63
1963-64
1965-66
1966-67
1967-68
1968-69
1969-70
1970-71
1971-72
1972-73
1973-74
Charlotte
1974-75
Beaufort
Greensboro
Wilmington
Durham
1975-76
1976-78
1978-80
1980-8119
DistinguishedAlumni Award
1981
Terry Sanford '46
Dan K. Moore '29
James E. Holshouser '60
James B. Hunt '64
William H. Bobbitt '23
1982
1984
William C. Friday '48
1985
Henry Brandis, Jr. '30
19. In 1981, the Law Alumni Association and Law Foundation were merged. All
Presidents after 1981 served in that capacity for a joint UNC Law Alumni Association/Law
Foundation, Inc.
1995]
1986
1988
1991
1992
1993
1994
SESQUICENTENNIAL
William B. Aycock '48
J. Dickson Phillips '48
John L. Sanders '54
Franklin T. Dupree, Jr. '36
William A. Dees, Jr. '48
William A. Johnson '44
Robin L. Hinson '58
Hamilton H. Hobgood '36
Julius L. Chambers '62
Robert G. Byrd '56
C. Boyden Gray '68
George W. Miller, Jr. '57
William L. Thorp, Jr. '51
Willis P. Whichard '65
Henry Ell Frye '59
Bertha "Bea" Holt '41
Ralph M. Stockton, Jr. '50