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PULASKI COUNTY BAR FOUNDATIONPRESENTS

First Annual2018 Justice Donald L. Corbin

Appellate Symposium

This program has been approved for 12 CLE hours, including 3.0 Ethics hours.

UA Little Rock Bowen School of Law1201 McMath Avenue, Little Rock, Arkansas

Thursday, March 29th – Friday, March 30th, 2018

Planning Committee: Dorcy Kyle Corbin, Jennifer Corbin & Judge Herbert T. Wright, Jr.

2018 Justice Donald L. CorbinAppellate Symposium

Justice Donald L. CorbinAppellate Symposium Agenda

Break

Chief Judge Lavinski Smith, United States Court of Appeals for the 8th CircuitJudge Morris S. “Buzz” Arnold, United States Court of Appeals for the 8th CircuitJudge Bobby E. Shepherd, United States Court of Appeals for the 8th CircuitWhat Appellate Judges Do: the Tasks of Deciding Appeals

Lunch (By Invitation Only)Sponsored by the Arkansas Association of Women Lawyers

Break

2018 Justice Donald L. CorbinAppellate Symposium

Lunch on your own

Friday, March 30th, 2018Registration & Refreshments

NAME:

FIRM:

ADDRESS:

EMAIL:

CITY STATE ZIP

JUSTICE DONALD L. CORBIN APPELLATE SYMPOSIUMREGISTRATION FORM

Payment by Check: A registration form is provided for your convenience. To ensure enrollment, please complete this registration form and return it along with your check to: Pulaski County Bar Foundation, 1201 McMath Avenue, Suite 101, Little Rock, AR 72202.Payment by Credit Card: If you wish to pay by credit card, please register on-line at www.pulaskibar.com. Select “CLE ” button at the top of the page and follow the instructions. We accept AMEX, Visa, Mastercard, and Discover.

PHONE: SUP. CT.#

Thursday, March 29th – Friday, March 30th, 2018

You must provide your email address to receive the course materials for the program.

Registration Fee (Both Days Includes Reception) $350.00

Reception Only $50.00

ENCLOSED IS $ (CHECK ONLY)IF YOU WISH TO PAY BY CREDIT CARD, PLEASE REGISTER ONLINE AT PULASKIBAR.COM

REGISTRATION FEE: The registration fee includes the seminar, course materials, and Thursday evening reception. See above for fees.

CLE APPROVAL: This program has been approved by the Supreme Court Committee on Professional Programs for a total of 12 hours, including 3.0 ethics hours.

HOTEL ACCOMMODATIONS:Rooms have been reserved for participants at the Holiday Inn Presidential Center (Rivermarket) and the Courtyard Marriott (Rivermarket) both at the rate of $99.00 per night. Please make your reservations by calling 866-900-7625 (Holiday Inn) or 800-313-3459 (Marriott). Please mention that you are with the Pulaski County Bar Foundation group to receive the special rate.

HOW TO REGISTER

REFUND POLICY: We understand that your schedule may change and prevent you from attending. Substitutions are always welcome, but if you find that you must cancel your registration, please call the PCBA Office at (501) 324-9929, by Thursday, March 22nd, and we will issue a full refund. Registrants who do not cancel by Thursday, March 22nd, and do not attend the seminar will receive course materials only.

ACCOMMODATING SPECIAL NEEDS: If you require special assistance relating to a disability, please contact Carol King (501) 324-9929 prior to the seminar.

One Day Only (Please check box for selected day. Includes Reception) Thursday March 29th Friday March 30th

$250.00

Thursday, March 29th, 2018Registration & Refreshments

Adjourn

Reception Honoring the Speakers, Main Ballroom, Clinton CenterSponsored by the 8th Circuit Bar Association

Judge Beverly Martin, United States Court of Appeals for the 11th Circuit and Judge Mary Murguia, United States Court of Appeals for the 9th CircuitAppellate Practice Conversation with Judge Murguia and Judge Martin

Moderated by Dean Terrence Cain, UA Little Rock Bowen School of Law

What Appellate Lawyers Can Learn from the Fox: Personal and Fond Reflections of Justice Donald L. Corbin - ETHICS

Justice Paul Danielson, Arkansas Supreme Court, Retired

Tina Bowers Lee, Arkansas Public Defender CommissionLori Chumbler, Senior Associate Counsel, WalmartLaw Clerks’ Point of View

Moderated by Judge Robert Gladwin, Arkansas Court of Appeals

Christina Swarns, Attorney in Charge, Office of Appellate Defender New YorkLessons from Buck v. Davis

Tessa Dysart, University of Arizona, James E. Rogers College of LawTop 10 Tips from Appellate Judges

Justice James Kitchens, Mississippi Supreme CourtTaking Your Profession Seriously, But Not YourselfA Commentary on Ethics, Etiquette, and Life on Earth - ETHICS

Chief Justice Howard Brill, Arkansas Supreme Court, RetiredEthical Issues in Appellate Practice - ETHICS

Judge Bernice B. Donald, United States Court of Appeals for the 6th CircuitError Correction: The Interplay Between Implicit Bias and Appellate Review

8:00 AM

9:30 10:30– AM

10:30 10:45– AM

10:45 11:45– AM

11:45 1:00– PM

1:00 2:00– PM

2:00 3:00– PM

3:00 3:15– PM

8:30 9:30– AM

3:15 4:15– PM

8:00 AM

9:30 10:30– AM

Break10:30 10:45– AM

10:45 11:45– AM

11:45 1:00– PM

1:00 2:00– PM

2:00 3:00– PM

Break3:00 3:15– PM

4:15 PM

8:30 9:30– AM

3:15 4:15– PM

Dean Erwin Chemerinsky, UC Berkeley School of LawSupreme Court Update

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Roberta Kaplan, Kaplan & Company, LLPWhy there is no conflict between religion and equal dignity: the First and Fourteenth Amendments in contemporary jurisprudence

Judges Panel (Continued)What Appellate Judges Do: the Tasks of Deciding Appeals

REGISTER BY MARCH 1ST AND RECEIVE A $50 DISCOUNT!

5:30 7:00– PM

Roberta (Robbie) Kaplan, the founding partner at Kaplan & Company, LLP, is one of the few women-led elite boutique litigation law firms, has been described as a “powerhouse corporate litigator” and “pressure junkie” who “thrives on looking at the big picture” whether “in the gay- marriage legal fight or high-profile corporate scandals.” She has been selected as one of “The 100 Most Influential Lawyers” in the United States, as a “Litigator of the Year” by The American Lawyer, and as a “Lawyer of the Year” by Above the Law.

In addition to representing large institutional and corporate clients like Fitch Ratings, Airbnb, Columbia University and T-Mobile, Robbie represented Edith

Windsor in the landmark civil rights case of United States v. Windsor in which the United States Supreme Court held in 2013 that a key provision of the Defense of Marriage Act or DOMA violated the U.S. Constitution leading to the Supreme Court mandating marriage equality nationwide two years later. Robbie is also the author of “Then Comes Marriage: United States v. Windsor and the Defeat of DOMA” (W.W. Norton 2015).

On January 20, 2010, the United States Senate confirmed Beverly Martin to serve as a judge on the U.S. Court of Appeals for the Eleventh Circuit. Prior to her joining the Court of Appeals, Judge Martin sat for nearly a decade as a United States District Judge for the Northern District of Georgia. Before she was appointed to the federal bench, Judge Martin served as United States Attorney for the Middle District of Georgia from 1997 to 2000, and as Assistant United States Attorney in the same office from 1994 to 1997. Judge Martin also represented the State of Georgia in various litigation matters between 1984 and 1994 as an Assistant Attorney General in Atlanta. She began her legal career in the private practice, at the law firm of Martin & Snow in Macon, Georgia. Judge Martin graduated from the University of Georgia School of Law

in 1981, and received her B.A. from Stetson University in 1976.

Morris Sheppard Arnold was educated at Exeter, Yale, the University of Arkansas, Harvard Law School, and the University of London. He has taught at numerous American law schools, including Indiana, Stanford, Texas, Michigan, and the University of Pennsylvania where he also served as a vice president of the university and was a professor of law and history. Judge Arnold has published ten books and numerous articles, mostly on the subject of legal history and the history of colonial Arkansas. His latest book is The Arkansas Post of Louisiana, which includes photographs by his wife, Gail Arnold. In 1994 the French government named him a Chevalier de l'Ordre des Palmes Académiques for his work on eighteenth-century Louisiana, and he is a member of the American Antiquarian Society and the American Academy of

Arts and Sciences. He served as a United States District Judge for seven years before being elevated to the United States Court of Appeals for the Eighth Circuit on May 26, l992. He also served as a judge and presiding judge of the Foreign Intelligence Surveillance Act Court of Review from 2008 to 2013.

Presiding Mississippi Supreme Court Justice James W. Kitchens is a lifelong resident of Crystal Springs, Copiah County, Mississippi. He earned a Bachelor of Science degree from the University of Southern Mississippi and a Juris Doctorate from the University of Mississippi School of Law. He was elected district attorney for the Mississippi counties of Copiah, Lincoln, Pike and Walthall in 1971, 1975 and 1979. He did not seek public office again until 2008, when he was elected to an eight year term on the Mississippi Supreme Court (Central District, Place 3), commencing in January of 2009. In 2016, he was elected to a second eight-year term.

Professor Howard Brill has been at the U of A School of Law since 1975. He is the first Vincent Foster Professor of Legal Ethics & Professional Responsibility and teaches professional responsibility, remedies, civil procedure, and domestic relations. He teaches special topics courses on Baseball and the Law, as well as Arkansas Constitutional Law. After graduating from Duke University, Professor Brill earned his J.D. from the University of Florida Law School, where he was the editor-in-chief of the law review, and later earned an LL.M. from the University of Illinois. In addition to practicing with a small firm in Rock Island, Ill., he has taught at the Universities of Florida, Illinois, North Carolina, South Carolina, and Tennessee. In connec-

tion with the School of Law's summer programs, he has taught in Cambridge, England, and St. Petersburg, Russia. He has taught comparative Constitutional Law at Vytautas Magnus University in Kaunas, Lithuania. From September 2015 to December 2016 Professor Brill served as the Chief Justice of the Arkansas Supreme Court. He played a role in the adoption of changes to the Code of Judicial Conduct and the Rules of Professional Conduct. His opinions included language from Bob Dylan and William Butler Yeats.

Erwin Chemerinsky is the Dean of UC Berkeley School of Law. Prior to assuming this position, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at UC Irvine School of Law, with a joint appointment in Political Science.

He was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and before that was a professor at the University of Southern California Law School from 1983-2004, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. He is the author of eight books, including The Case Against the Supreme Court, published by Viking in 2014, and more than 200 law review articles. He

frequently argues appellate cases, including in the United States Supreme Court. Dean Chemerinsky is a graduate of Northwestern University and Harvard Law School. In 2014, National Jurist magazine named Dean Chemerinsky as the most influential person in legal education in the United States.

Tessa L. Dysart is the Assistant Director of Legal Writing and Associate Clinical Professor of Law at the University of Arizona, James E. Rogers College of Law. She is the co-author, along with the Hon. Leslie H. Southwick, of the third edition of WINNING ON APPEAL: BETTER BRIEFS AND ORAL ARGUMENTS, and the managing editor of the Appellate Advocacy Blog. She also writes on human trafficking and constitutional law, and has lectured across the country on developing effective state anti-trafficking laws.

Professor Dysart is a graduate of Willamette University and Harvard Law School. She clerked for the Hon. Dennis W. Shedd of the United States Court of Appeals for the Fourth Circuit. Her practice experience includes working

for the United States Department of Justice Office of Legal Policy and the Senate Judiciary Committee.

Honorable Bernice B. Donald, a Circuit Judge on the United States Court of Appeals for the Sixth Circuit, received her law degree from the University of Memphis Cecil C. Humphreys School of Law. Prior to being appointed to the U.S. Court of Appeals in 2011, she served on the U.S. District Court for more than fifteen years. She is currently a member of the prestigious American Law Institute, serves as Chair of the American Bar Association (“ABA”) Center for Human Rights and recently chaired a committee which has published an implicit bias resource book for judges and practitioners. Prior to this, she served as Chair of the ABA Criminal Justice Section, where her focus was on issues concerning implicit bias, children of incarcerated parents, mass incarceration, and the collateral consequences of incarceration. Having

previously served as Secretary of the American Bar Association (ABA), Judge Donald is currently a member of the ABA House of Delegates. Judge Donald has been faculty at the National Judicial College, the Federal Judicial Center, and the Judge Advocate General’s Legal Center & School. Judge Donald recently served as faculty at the 11th Annual Criminal Law Symposium at Texas Tech University School of Law providing the keynote address on issues of Miranda fifty years after the landmark case. She also served as faculty for the Federal Magistrate Judges Conference held in Portland, Oregon, where she was part of the panel titled, Thinking, Blinking, and Judging: Addressing Implicit Biases. She has served as Jurist in Residence at American University, Washington University, and the University of Cincinnati Schools of Law and will serve as Jurist in Residence at New York University School of Law in the Fall of 2017. In addition, she has served as faculty for international programs in over twenty countries.

The Hon. Bobby E. Shepherd is a United States Circuit Judge on the United States Court of Appeals for the Eighth Circuit. From 1976 to 1999 he practiced law in El Dorado. He served as a Union County Municipal Court Magistrate Judge from 1980 to 1990; as a Circuit/Chancery Judge in Arkansas’ 13th Judicial District from 1991 to 1993; and as a Magistrate Judge in the United States District Court for the Western District of Arkansas from 1993 to 2006. In 2006, Judge Shepherd was appointed by President George W. Bush to the United States Court of Appeals for the Eighth Circuit. Judge Shepherd received a B.A. Degree magna cum laude, from Ouachita Baptist University in 1973 and a J.D. degree with high honors, from the University of Arkansas School of Law in Fayetteville in 1976 where he served as Articles Editor of the Arkansas Law Review.

Christina Swarns is the President and Attorney-in-Charge of the Office of the Appellate Defender (OAD). OAD is New York City’s oldest provider of appellate representation to poor people convicted of felonies, and the City’s second oldest institutional indigent defense office. Since its founding in 1988, OAD has maintained a national reputation for superb appellate advocacy and innovation, as well as a holistic, client-centered, approach to representation. OAD has been repeatedly recognized by the New York State Bar Association, and the appellate courts, for excellent representation.

Prior to joining OAD, Christina served as the Litigation Director for the NAACP Legal Defense & Educational Fund, Inc. (LDF). In that capacity, she oversaw all

aspects of LDF’s economic justice, education, political participation and criminal justice litigation. While at LDF, Christina also served as lead counsel in some of this country’s highest profile death penalty cases. She argued, and won, Buck v. Davis – a Texas death penalty case challenging the introduction of explicitly racially biased evidence at trial – in 2016-2017 Term of the United States Supreme Court. Christina was the only Black woman to argue in last year’s Supreme Court term, and is one of only a handful of Black women to have argued before the nation’s highest court.

Chief Judge Lavenski R. Smith was nominated to the U.S. Court of Appeals for the Eighth Circuit by President George W. Bush on September 4, 2001, to a seat vacated by Richard S. Arnold. He was confirmed by the Senate on July 15, 2002, and received his commission on July 19, 2002. Chief Judge Smith earned his bachelor and Juris Doctor degrees from the University of Arkansas at Fayette-ville in 1981 and 1987, respectively.

Chief Judge Smith entered public service in the mid-1990s. In 1996, Governor Mike Huckabee selected Chief Judge Smith to serve as his Regulatory Liaison. Then, in 1997, Governor Huckabee appointed Chief Judge Smith as Chairman of the Arkansas Public Service Commission. From January 1999 until the beginning

of 2001, Chief Judge Smith served as an Associate Justice on the Arkansas Supreme Court, completing the term of retired Justice David Newbern. In 2001, Governor Huckabee again appointed Chief Judge Smith to the Arkansas Public Service Commission as a commissioner. He served as commissioner until his confirma-tion to the federal bench.

2018 Justice Donald L. Corbin Appellate Symposium Speakers

Retired Justice Paul E. Danielson received his undergraduate degree from Florida State University and his Juris Doctorate from the University of Arkansas School of Law; served in United States Air Force; Law Clerk for the Arkansas Supreme Court; instructor at the University of Arkansas School of Law at Little Rock; private law practice for 18 years; deputy prosecuting attorney in the 6th and 15th Judicial District; and Booneville city attorney.

He began his judicial career as a Circuit Judge in the 15th Judicial District and served as Associate Justice of the Arkansas Supreme Court until December 31, 2016. He returned to private practice in 2017, and now practices law at the Danielson Law Firm in Fayetteville/Booneville, with his son, Erik, his wife, Betsy, and his brother, David.

Judge Bobby E. Shepherd

Chief Judge Lavenski R. Smith

Christina Swarns

Justice James W. Kitchens

Roberta Kaplan

Judge Beverly Martin

Tessa L. Dysart

Judge Bernice B. Donald

Justice Paul E. Danielson, RetiredJudge Morris Sheppard Arnold

Chief Justice Howard Brill, Arkansas Supreme Court, Retired

Dean Erwin Chemerinsky

Judge Murguia was appointed to the United States Court of Appeals for the Ninth Circuit on January 4, 2011. She graduated from the University of Kansas Law School in 1985, and began her legal career as an assistant district attorney with the Wyandotte County District Attorney’s Office in Kansas City, Kansas. In 1990, she joined the U.S. Attorney’s Office in the District of Arizona and four years later was promoted to criminal chief deputy. In 1998, she moved to Washington, D.C. and became counsel to the director of the Executive Office for United States Attorneys in the U.S. Department of Justice. A year later, she was appointed director of that office. In that capacity, she provided oversight and support to the 94 U.S. Attorney’s offices across the country. In 2000, Judge Murguia was appointed to the U.S. District Court for the District of Arizona, becoming the first Latina to serve as a federal district court judge in Arizona.

Judge Mary H. Murguia