Whittington W. Clement *

* Special Counsel, Hunton Andrews Kurth, LLP. Any views expressed are those of
the Author and do not reflect the views of the firm. The Author is a past president of the
Virginia Bar Association and served fourteen years in the Virginia House of Delegates from
the Danville-Pittsylvania County area (1988–2002) and as Secretary of Transportation for
Governor Mark Warner (2002–2005). He chaired the firm’s government relations practice
group from 2005 until 2018.

* Assistant Professor of Law, Washington and Lee School of Law; Fellow, DeLaney Center.
** Assistant Professor of Law, Quinnipiac University School of Law. Martin was a Research Assistant Professor of Law at the University of Virginia School of Law when he initially coauthored this piece.