Publisher's Notebook

Who knew that appellate law would be one of the fastest-developing areas of practice across the country this fall?

In August, a judge of the 6th U.S. Circuit Court of Appeals filed an opinion “dubitante.” Translation: He was dubious. He didn’t like the result and didn’t really want to concur. But he didn’t really want to overturn the result either.

Now, the chief judge of the 9th U.S. Circuit Court of Appeals has carved out yet another possibility that can take its place alongside “concur” and “dissent” and “dubitante.”

In a hopelessly fractured immigration case, Garfias-Rodriguez v. Holder, Judge Alex Kozinski has filed an opinion that bears this header: “Chief Judge KOZINSKI, disagreeing with everyone.”

The California Appellate Report blog noted that the voting in the case, heard en banc, was 6-1-1-1-1-1. There were six different opinions filed, including Kozonski’s disagreement.

If the judge wants to create a new brand of opinion, seems like it needs a catchy name. “Dubitante” sounds kind of French, even though it actually comes from Latin.

How about “desaccord,” since that’s the French word for “disagreement.” Sounds sufficiently legal, too.

Give the blog How Appealing props for first reporting this case; the Law Blog of the Wall Street Journal has a nice piece as well.

It remains to be seen if the 4th U.S. Circuit Court of Appeals is interested in an import such as the Desaccord. Smart money says maybe not.

Sharon Tatum spent nearly 27 years working at the Virginia Law Foundation, much of that time as its executive director.

Her last day with the VLF was Aug. 31 – she is making a career move. This fall, she is taking classes at Virginia

Commonwealth University to earn an accounting certificate that will let her sit for the CPA exam.

Tatum started working at the VLF in 1985 and became executive director in 1989. Take a look at the VLF mission statement and you can see the kind of fine work Tatum did:

The law foundation, started in 1974, was set up as the nonprofit vehicle for lawyers in the commonwealth to improve the legal system and the administration of justice. According to the VLF website, the group supports projects that:

• Provide civil legal services to the poor
• Educate the public about law and about the legal profession
• Offer not-for-profit continuing legal education of Virginia lawyers
• Support public service internships for Virginia law students
• Recognize and encourage excellence in the practice of law

Tatum noted that the foundation has been able to make grants of nearly $24 million over the years. That’s a lot of good done.

Like a lot of charitable entities, the VLF has taken a hit following the recession. But in the late 1990s, the group was among the 40 largest charities in Virginia, with revenues north of $5 million a year.

Tatum said she was very proud of the grant program that the VLF has been able to have. She added it was “a privilege” to work with “so many outstanding lawyers” at the foundation. Like many organizations, the leadership turns over every year.

And each year, there is a new class of Fellows (somewhere around 20 to 25) that needs to be brought into the fold.

Anyone who has been among that group knows the time and the degree of care Tatum put into the annual Fellows installation banquet, held each January in Williamsburg as part of the Virginia Bar Association winter meeting.

Frank Thomas, the current president of the VLF, said that the leadership saluted Tatum and wished her well as she pursued her plans to move into accounting.

“We will miss her professionalism and enthusiasm,” he said.

Indeed – best of luck to you, Sharon, and kudos for a job well done at the VLF. It has been a real pleasure.

Gov. Bob McDonnell received one of the highest awards given by the University of Notre Dame last week.

The Notre Dame Alumni Association presented the governor with the 2012 Rev. John J. Cavanaugh, C.S.C., Award. McDonnell graduated from the school in 1976.

Established in 1985, the Cavanaugh Award is conferred on an alumnus/alumna (living or deceased) who is performing or has performed outstanding service in the field of government, patriotism, public service, local, state or national politics.

Past recipients have included former Arizona governor and Interior Secretary Bruce Babbitt ’60, Gov. John Gilligan of Ohio ’43 and U.S. Rep. Dan Lungren, R-Calif., ’68.

McDonnell, who practiced law in Virginia Beach before his election as Attorney General and then governor, is the second Cavanaugh recipient to hail from Hampton Roads.

In 2002, the Cavanaugh Award went to the late Philip L. Russo, who served as a Norfolk circuit judge from 1970 to 1992. Judge Russo earned his law degree from Notre Dame in 1949. He died in 2006.