Campbell University Law School

Anderson, Thomas P.

Campbell Law Review
Volume 35
Issue 2 North Carolina 2013 Article 2
2013
Dedication to Professor Jean M. Cary
Thomas P. Anderson
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Recommended Citation
Thomas P. Anderson, Dedication to Professor Jean M. Cary, 35 Campbell L. Rev. 189 (2013).
Campbell Law Review
Volume 35 North Carolina 2013 Number 2
Dedication to Professor Jean M. Cary
Public service, teaching, counseling, and mentorship-these are the
professional contributions that my friend and colleague of twenty-three
years, Jean Cary, has provided to the North Carolina legal profession and
Campbell Law School and for which this issue of the Campbell Law
Review is dedicated. It is my distinct honor to write this dedication to
Professor Jean Cary, who is retiring at the end of this academic year.
Professor Cary did not come to Campbell Law School following the
traditional route for academics. Instead, she came following the route that,
for decades, lawyers used to obtain their clientele-by reputation and
"word of mouth." It is appropriate that she followed such a journey to
Campbell Law School because she has trained her students to be lawyers
who would also earn their clients by their professionalism and legal skills.
In 1990, Bob Jenkins and I were, yet again, searching for a female
trial lawyer to assist in teaching the required Trial Advocacy course at
Campbell Law School. The unique problems that faced women in the legal
profession at that period, especially trial lawyers, required the perspective
of a lawyer who had experienced those challenges firsthand. The law
school had been fortunate to secure the services of Elaine Marshall, a
successful Campbell Law graduate whose law practice in nearby Lillington
made it an easy commute to the school. However, the issue with Elaine, as
well as the excellent lawyers who followed her, was that their success as
litigators created time demands in their law practices which did not allow
for teaching in a course that took at least one full afternoon every week.
We had even experimented in conducting one of the classes during the
evening each week to accommodate the busy schedule of one of the
Triangle's best lawyers, but a four-hour class that finished at 10:00 PM in
Buies Creek was too much strain on both the adjunct professor and our full-
time faculty. When we asked Adjunct Trial Professor Carolyn McAllaster
for suggestions for a replacement-after she informed us that she, too,
could not afford the time required-she recommended a former member of
her law firm, Jean Cary. Campbell Law School has been ever grateful for
189
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Anderson: Dedication to Professor Jean M. Cary
Published by Scholarly Repository @ Campbell University School of Law, 2013
CAMPBELL LAW REVIEW
that recommendation, and Campbell Law School graduates and current
students have personally benefitted from the education and training
Professor Cary has provided them for the twenty-three years since shejoined the faculty.
Professor Cary began as an Adjunct Professor at Campbell Law
School in the 1990 fall semester. This was a role that she was familiar
with, as she had previously taught as an Adjunct Professor at both the
University of North Carolina School of Law and North Carolina Central
School of Law. She had taught classes in Evidence, Trial Advocacy, and
even Appellate Advocacy, all of which were emphasized in Campbell's
award-winning Trial and Appellate Advocacy Program. Not only had
Professor Cary taught in law school, but she had also trained practicing
lawyers in trial advocacy skills in the National Institute for Trial Advocacy
(NITA). In addition, she possessed practice and trial experience from her
seven years' work as a Legal Services attorney, and she was the first civil
law clinic instructor at the University of North Carolina School of Law.
After Professor Cary began team-teaching with Bob Jenkins and
myself, it was obvious that she would be a great addition to the full-time
faculty at Campbell. She had the academic record of being a Magna Cum
Laude graduate of Duke University and a law graduate of Georgetown Law
School. Bob and I approached Dean Patrick Hetrick, and he agreed with
our evaluation of Jean Cary as an excellent candidate for a full-time
position at Campbell. Professor Cary was soon offered a position after a
faculty vote, but things were complicated by the fact that she, like many
professionals, had a spouse whose work situation had limited flexibility.
Her husband was an artist in Durham, where he and Jean lived, and his
studio and clients necessitated that he remain there. Regardless, Professor
Cary graciously accepted the offer and began her commute of over 100
miles per day to do the work that she loved. While any daily commute of
100 miles is certainly not easy, Professor Cary's commute was especially
arduous because it consisted mostly of two-lane roads and, on many days,
involved her driving after dark-for many years, the Trial Advocacy course
did not end until 6:00 PM.
Professor Cary's dedication to teaching at Campbell Law School
quickly grew beyond Trial Advocacy. She took over the Family Law
course and ultimately developed her own materials. Even though the
course was an elective, it quickly became a "must-take" class that resulted
in large enrollments because of how thorough Professor Cary and her
materials were in covering this ever-changing area. Her reputation in the
area led Duke University Law School to ask her to teach Family Law as a
Visiting Associate Professor of Law for two years. This resulted in
190 [Vol. 35:189
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Campbell Law Review, Vol. 35, Iss. 2 [2013], Art. 2
http://scholarship.law.campbell.edu/clr/vol35/iss2/2
DEDICATION TO PROFESSOR JEAN M. CARY
Professor Cary being the only law professor who has taught a course at all
four of the Triangle's law schools. In addition to the basic course in
Family Law, Professor Cary taught a Family Law Planning course at
Campbell, which taught students how to apply the relevant theory, case
law, and statutes into practice. This course became such an important
course for those intending to practice Family Law that the law school had
to bring in additional faculty to teach the large number of students who
desired this type of course.
Professor Cary was not satisfied with just having specialties in Trial
Advocacy and Family Law; she also developed a national reputation in
teaching and scholarship in the other lawyering skills necessary to be a
successful litigator. For over twenty years, Professor Cary was the Director
of the Southeast Deposition Program of NITA. She worked with some of
the top litigators in the country and brought the lessons they had learned in
litigation to her students at Campbell. This type of program was so
successful that large law firms across the country soon began to hire NITA
to train their associates to conduct effective depositions. Professor Cary
would often travel to these law firms in major cities across the United
States to teach these young lawyers. In the meantime, Campbell Law
students were getting this same education before they even left law school
through the training that Professor Cary would provide to them in the Pre-
Trial Litigation course at Campbell.
Her recent scholarship has been primarily focused on the lawyering
skills of deposition-taking, legal interviewing, counseling, and negotiation,
with emphasis on ethical issues raised in those settings. In addition to the
articles that she has published in various national law reviews and journals,
Professor Cary has co-authored three books in this area of expertise.
Professor Cary has also served as both a role model to the students and
a leader in the State Bar through her service to the legal profession. In
addition to her teaching duties, scholarship, and membership in the North
Carolina State Bar and North Carolina Bar Association, she has served on
the Board of Directors for the Center on Social Welfare and Policy and the
Governing Board of the North Carolina Association of Women Lawyers,
she has been a member of the North Carolina Commission on Race
Relations in the Bar, and for five years, she served as the Academic
Advisor for the Local Rules Subcommittee for the United States District
Court for the Eastern District of North Carolina.
Professor Cary has been recognized by both Campbell Law School
and NITA for her contributions. She received the Iredell Award from the
Campbell Law School Phi Alpha Delta Chapter, and in 2001, she was
2013] 191
3
Anderson: Dedication to Professor Jean M. Cary
Published by Scholarly Repository @ Campbell University School of Law, 2013
CAMPBELL LAW REVIEW
recognized as NITA's "outstanding faculty member" with the presentation
of the Honorable Prentice Marshall Award.
Even though her numerous accomplishments are time-consuming, she
still finds time to mentor and counsel students. Many a time, I have gone
to her office only to find her talking with students, listening to their
problems-both personal and academic-offering advice and counsel when
necessary.
Like much of Professor Cary's personal and professional life, she has
served as a role model for the type of attorney that Campbell Law School
aims to produce-a lawyer who is both knowledgeable of the law and who
possesses the skills to effectively advocate for her client in an ethical
manner; a lawyer who is a leader in her community and who is willing to
mentor the new lawyers just beginning their law practice.
When reflecting on my hundreds of hours of interactions with Jean
Cary, the characteristic that she possesses that stands out the most to me is
that she is such a caring person. This is the core value that drives her life-
privately and professionally-and which makes her such a great model for
her students and colleagues.
Her many contributions to Campbell Law School will be missed by
future students, but her legacy will continue through the lives of the
thousands of law students who she has taught and mentored.
This dedication is a small thank you from those students and from her
colleagues on the law school faculty who have had the privilege of learning
from Jean Cary and having our lives enriched by our interactions with her.
Thomas P. Anderson*
Thomas Anderson is a Professor of Law Emeritus at Campbell Law School.
192 [Vol. 35:189
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Campbell Law Review, Vol. 35, Iss. 2 [2013], Art. 2
http://scholarship.law.campbell.edu/clr/vol35/iss2/2


English

Dedication to Professor Jean M. Cary

Pryor, C. Scott

Campbell University School of Law
Scholarly Repository @ Campbell University School of Law
Other Publications Faculty Scholarship
Fall 2013
Reflections on Evangelicals and Catholics Together
on Law: The Law of Heaven and Earth
C. Scott Pryor
Campbell University School of Law, pryors@campbell.edu
Follow this and additional works at: http://scholarship.law.campbell.edu/fac_pubs
Part of the Law Commons
This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Repository @ Campbell University School of Law. It has
been accepted for inclusion in Other Publications by an authorized administrator of Scholarly Repository @ Campbell University School of Law.
Recommended Citation
C. Scott Pryor, Reflections on Evangelicals and Catholics Together on Law: The Law of Heaven and Earth, J. Christian Legal Thought, Fall
2013, at 2.
JOURNAL OF CHRISTIAN LEGAL THOUGHTFALLL 2013
REFLECTIONS ON EVANGELICALS AND
CATHOLICS TOGETHER ON LAW:
THE LORD OF HEAVEN AND EARTH
By C. SCOTT PRYOR
W h the passing of Chuck Colson in 2012,
following the death of RichardJohn Neuhaus
in 2009, a new generation has taken up the
mantle of the project of Evangelicals and Catholics
Together. Neuhaus and Colson were instrumental in the
original 1994 "Evangelicals and Catholics Together: The
Christian Mission in the Third Millennium." Now in the
second decade of the new millennium fourteen scholars,
primarily from the American legal academy, spent eight
years drafting Evangelicals and Catholics Together on
Law. The structure and depth of analysis-exegetical
and historical-marks this work as an excellent resource
for anyone who wishes to take seriously the scriptural
witness on political authority justice, and law. The
importance of these topics in the Western-influenced
world subject as it has become to the "tyranny of
relativism" is obvious. Their relevance in relation to non-
western totalizing worldviews is implicit.
The substantive text of Together on Law begins with
identification of the person of the work's subtitle: Jesus
Christ is the Lord of heaven and earth. From this initial
confession Section 1 draws three primary conclusions.
First, that only the crucified and risen Christ, and thus
no human authority, is Lord. Next, that his lordship
knows no earthly limits. Yet, thirdly, that his lordship is
not to be imposed by anyone other than Christ himself.
In particular, the Church is not divinely authorized to
impose the reign of Christ. Left unstated but clearly
implied is a similar limitation with respect to Christians
individually or collectively through the political process.
God alone is Lord of the conscience.
Deploying the biblical-historical arc of creation, fall,
redemption, and consummation, the next two sections
of Together on Law attempt to provide the bridge
between Christ's lordship and the following sections
addressing the law. The Section 2 on Creation does a
fine job ofbalancing the original human task-to develop
the potentiality latent in God's creation-with what can
be characterized as exercising subordinate dominion.
Humanity was given dominion over creation, but that
dominion is not autonomous; that is, it is not to be used
apart from divine wisdom. The failure of Together on
Law to mention God's seventh-day rest in this section is
regrettable. Utilizing God's rest would have provided a
context for the ultimate rest achieved through the work
of Christ as well as more substance for the notion of the
common good that features later in the work.
Significant differences among the traditions repre-
sented by the authors first come to expression in the dis-
cussion in Section 3 of the effects of humanity's fall into
sin. This section does a credible job of articulating the
range of views between (and among) Evangelicals and
Catholics over the "differing accounts of the appropri-
ate aspirations of human rule in a fallen world.' The final
sentence of the second section is finely crafted but lacks
a temporal qualifier: "Even among those who are more
hopeful about the abilities of government, there remains
a recognition that the job cannot be completed through
human agency alone, but will require the deliverance
of Christ, the Desire of the Nations.' One hopes that
only a few expect that deliverance to take place before
the return of Christ in glory and judgment, and indeed
this point was made earlier in Section 3. Yet making the
timing clear at the conclusion of this section would have
been helpful and would reinforce rejection of some pop-
ular conceptions that decouple the condition of perfect
justice and rest from the person of Christ himself.
Section 4 on Authority begins with an
incontrovertible statement: "There is no uniform
Christian account of the appropriate aspirations of
political authority." It is perhaps not surprising that
the many biblical references that had characterized the
first two sections are here replaced with descriptions of
contemporary conservative Catholic and neo-Kuyperian
political theory. The descriptions are satisfactory but
a bit prolix and omit any other formulations. One
wonders if the workwould have benefited from abroader
range of Evangelicals. The absence of the perspective
common among historically black Protestant churches
is noteworthy. Similarly, the presence of only Anglo-
American contributors leaves Together on Law without
valuable insights from other parts of the world.
Moreover, the Christocentric underpinnings of
the first three sections are absent from the treatment
of Authority, and indeed merit little discussion in the
following sections. One might hope that a commitment
2
JOURNAL OF CHRISTIAN LEGAL THOUGHT FALLL 2013
FALL 2013
to the fundamental reality of the lordship of Christ
would continue to play a significant role even as the
analysis moves from the abstract to the concrete. To
be sure, the work correctly observes that "the biblical
message is less revealing on the question of the specific
forms the sociopolitical order is to take." Perhaps the
drafters believe that Christ's lordship can be divided
between his work as creator
and his work as mediator but, if
so, that distinction should have
been made in an earlier section
of the work.
Analysis in the section titled
Justice returns to scriptural
texts. Indeed, how could it
not, given that justice is a
theme pervasive in the biblical
account? Three aspects of
JOURNAL OF CHRLSTIAN LEGAL THOUGHT
challenge that some of Jesus' teachings appear to pose
to conventional understanding of morality." The final
admission returns us to the concern noted above: What
is the relationship between the lordship of Christ and the
law? Or, precisely, what is the nature of Christ's lordship?
The first section of Together on Law focuses on Christ's
lordship as it comes to expression in his life of sacrificial
Significant differences among
the traditions represented by the
authorsfirst come to expression in
the discussion in Section 3 of the
effects of humanity' fall into sin.
the discussion of justice are noteworthy. First is the
orientation ofjustice to the transcendent: "we affirm that
justice is not merely a human construct" Second, and of
equal importance, is the framing of justice in terms of
relationship. Justice is not, in the first instance, a system.
"Well-functioning institutions are thus necessary but
not sufficient conditions for justice, which remains,
at its core, a matter of human action and not merely a
function of impersonal institutional design." Finally, this
section does a good job of relating the biblical account
of justice to the contemporary human rights movement
and the ambivalence of many Evangelicals and some
Catholics toward the extraordinary valorization ofrights
talk in political discourse.
The final section Law begins with a succinct if
compound definition: "Law ... is the primary medium
through which political authorities exercise their God-
given and God-directed jurisdiction [Evangelical],
the aim of which is justice [Catholic]:' This section
then turns to a discussion of natural law elaborated
in the traditional Thomistic manner. Addressing the
challenges to any notion ofnatural law in a post-Kantian,
neo-Darwinian world was obviously beyond the scope
of this work, but it was gratifying to read the admission
of the dangers of natural-law thinking: "The frequent
historical failures of real-world rulers to recognize
and/or implement natural law precepts, the danger of
cloaking the cultural norms through which natural law
is inevitably mediated with divine authority, and the
service (the atonement features
in Section 3), but thereafter
there is little that is distinctively
Christocentric, apart from
qualifying the serving nature of
human rulership and limiting
the scope of state authority, as
opposed to broadly biblical.
Finally, as one who teaches at
an institution established in the
Renewal tradition, the silence
of Together on Law on the place of the Holy Spirit in this
enterprise cannot go unmentioned. A pneumatological
perspective would have raised more issues but
nonetheless should have been addressed.
Together on Law is a valuable contribution to the
ongoing work of Evangelicals and Catholics in the public
square. Its limitations notwithstanding, Together on Law
can and certainly should catalyze further discussion on
the important topics it addresses.
Scott Pryor is aprofessor of law at Regent University School
of Law. He received his BA in Philosophy from Dordt
College, a JD. from the University of Wisconsin, and an
M.A. from Reformed Theological Seminary. Combining
his undergraduate studies in philosophy, graduate work
in theology, and fifteen years of commercial law practice,
Professor Pryor teaches first-year Contracts and upper-level
courses on the Uniform Commercial Code and Bankruptcy.
His published scholarship focuses on the details, history, and
moral-political justification for the laws of the courses he
teaches. His articles at www.ssrn.com/author-1006S1.
Professor Pryor has been a visiting professor at other
universities in the United States and overseas and brings
his comparative perspective on law to the classroom. He has
also served as Resident Scholar of the American Bankruptcy
Institute where he worked closely with judges and leading
members ofthe practicing bankruptcy bar. He blogs atPryor
Thoughts (www.pryorthoughts.blogspot.com).
-3


Reflections on Evangelicals and Catholics Together on Law: The Law of Heaven and Earth

Phillips-Bute,, Barbara, Ph.D.

Transparency and Disclosure of Medical Errors: It\u27s the Right Thing to Do, So Why the Reluctance?

Osborn, Lucas S.

The Leaky Common Law: An  Offer to Sell  as a Policy Tool in Patent Law and Beyond

Registration and Breakfast Reception

Campbell University School of Law
Scholarly Repository @ Campbell University School of Law
Convocations Archives and Law School History
8-13-2013
Convocation Invitation
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Law.
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Kuhn, Philip

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Mather, Emily

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Money Minded: A Practical Guide to Using Quantitative Legal Calculation Products to Increase Profitability

Leonard, J. Rich

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Dedication to Professor Jean M. Cary

Reflections on Evangelicals and Catholics Together on Law: The Law of Heaven and Earth

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The Leaky Common Law: An Offer to Sell as a Policy Tool in Patent Law and Beyond

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Welcome and Opening Remarks

Money Minded: A Practical Guide to Using Quantitative Legal Calculation Products to Increase Profitability

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