Chase Salmon P. Chase College of Law Magazine
northern kentucky university ❘ spring 2003 ❘ volume 1, no.1 dean’s letter
T th his year we celebrate the 110 Anniversary of our region and in major firms around the coun- the Chase College of Law. This provides an ex- try. Chase graduates are found in large numbers cellent opportunity to reflect on where we’ve in public service, as heads of legal aid organiza- been, where we are, and where we are headed as tions, local and county legal offices, as prosecu- a law school and as an extended community of tors and public defenders, as state and federal Chase graduates. trial and appellate judges, as state and federal Chase College of Law started in 1893 as a part- legislators, and as lawyers and leaders in state time law school that provided opportunity for and federal executive agencies. A Chase gradu- legions of talented individuals from a wide range ate founded and directs the Children’s Law Cen- of other career fields to enter the legal profes- ter, a local but now nationally recognized public sion. That opportunity benefited the many indi- service organization. In addition, large numbers viduals directly, but it also benefited the legal of Chase graduates are successful business lead- profession enormously. But for the Chase part- ers as legal advisors, the General Counsel, Ex- time program, our region’s legal and business ecutive Vice-Presidents, Presidents, and CEOs of communities would have been deprived of many large and small businesses and corporations, in- talented professionals who have made significant cluding Fortune 500 companies. Chase gradu- contributions to our profession and our communities. ates also are succeeding in education as law pro- Since its early days, the Chase College of Law fessors, university vice-presidents, and university has changed. Shortly after affiliating with a general counsel. From New York City and Wash- young Kentucky college, now Northern Kentucky ington, D.C. to Seattle, from Chicago to Atlanta University, in the early 1970s, Chase started a and Miami, and throughout our Kentucky-Ohio- full-time program to address the needs of a more Indiana region, Chase graduates continue to dis- traditional audience of aspiring lawyers. As this tinguish themselves as successful legal practitio- new program was initiated, however, the law ners, public servants, business leaders, and com- school retained its commitment to the part-time munity leaders. Chase graduates reflect enor- program as a continuing means to provide op- mous credit and success on our law school. portunity to individuals and to strengthen our One hundred and ten years of success is the region’s legal profession. product of many contributions by many people. Twice within the last seven years, the Chase Our law school’s ability to prepare our students College of Law has conducted a thorough self- for future success of the type manifested by our assessment, and has reaffirmed its commitment graduates depends upon a continuing strong co- to maintaining and strengthening both the part- operative partnership among law school staff and time and full-time programs to serve the needs faculty, and Chase graduates and friends who of our region and the needs of those seeking to remain engaged in the life of the school. The become members of our legal profession. engagement of Chase alumni and friends is evi- The measure of a law school’s success ulti- dent through the commitment of time, talent, and mately is the success of its graduates. By that financial support to the law school, without which measure, the Chase College of Law has been and we could not sustain our high level of achievement. continues to be a resounding success. Chase In our last Newsletter we included a Donor’s graduates are community and professional lead- Honor Roll to recognize and thank those who ers throughout our region, from the farthest made financial contributions to Chase during the reaches of Eastern Kentucky to the farthest points past year. This inaugural issue of Chase, our new in Western Kentucky and from the southernmost law school publication, includes a Service Honor area of Kentucky through Ohio. Although the Roll to recognize the many alumni and friends greatest concentration of Chase graduates is who have contributed their time and talent to a throughout Kentucky and Ohio, Chase gradu- wide range of law school programs. There is no ates are succeeding in 45 states, the District of doubt that all aspects of our law school opera- Columbia, and a few foreign countries. tions and programs have been strengthened by Chase graduates are successfully engaged in these generous contributions. Our future suc- private practice in the many small law firms cess depends on continued and strengthened en- throughout our region. They are found in large gagement by an increasing number of Chase numbers as associates and partners in all the large graduates. Please join us in building for the next law firms in the principal metropolitan areas of 110 years of success.
DEAN Chase contents
Salmon P. Chase College of Law Magazine spring 2003 volume 1, no.1 04 07 FEATURES
On the Side College of law of Angels turns 110 Chase Grad Turns Tragedy History of Chase and Its Into Triumph 110th Anniversary 13 14 AROUND THE LAW SCHOOL LEGACY CHASE ADVOCATES
15 16 BILLINGS RECEIVES FACULTY FULBRIGHT PUBLICATIONS 18-20 22 STUDENT WIRED FOR ARTICLES SUCCESS 23 METRO RATE
24 27 ALUMNI NEWS SERVICE HONOR OUTSTANDING ROLL ALUMNI AWARDS 28 29 CLASS NOTES CHASE CALENDAR
30 IN MEMORIAM
CONTRIBUTORS CONTRIBUTORS PUBLISHER
Terri L. Schierberg ’76 (NKU) Jim Pickering Michael Whiteman Nancy Perry ’73 (NKU) EDITOR Director of Communications and Associate Dean for Law Library Director of Law School Advancement Special Projects, NKU Services and Information Technology Dionne Laycock ’90 (NKU) Gerard St. Amand DESIGNER Meredith Ludwig Rick Bales Dean of Salmon P. Chase Alumni Coordinator Associate Professor College of Law Joe Ruh PHOTOGRAPHER FEATURE
O n the side
BY TERRI L. SCHIERBERG ASSISTANT ALUMNI Oof angelsDIRECTOR/EDITOR, NKU
S he has been hailed as an angel by a moved in with her mother’s family. had an offer of employment. In her Congressman as well as a From that tragedy a life’s passion and tenure with OCG she was the first catastrophically injured, illiterate a multi-disciplinary consulting firm person to hold the title of counsel with African-American man, and was once eventually evolved. Little, Meyers, the company, and she received seven presented a bouquet of daisies by a Garretson and Associates, Ltd., an promotions in 11 years. She spent a Hells Angel who delivered them to her individual law practice, helps total of 12-and-a-half years there, on his bike in gratitude for help she catastrophically injured people eventually serving as an officer of the had given him. recover some of what they have lost company. “It was an odd set of skills But she had angels in her life who in terms of wages and quality of life. they were seeking at Ohio Casualty,” were there for her, too – a grandfather, The firm also works with insurance she explained. “They wanted a William B. Schutte, an uncle, William companies. financial background which I had, J. Schutte, and her mother, Camille In the process, she discovered a non- marketing flair which I try, and they Meyers. They guided her to the belief conventional way to use her law wanted an attorney. that she could be and do whatever she degree thanks to the urging of Chase “Professor Billings is indeed one of put her incredibly gifted and tenacious Professor Roger Billings, who God’s best,” she added. “He matched mind to, and her career and volunteer encouraged her to apply with an up an odd skill set with a wonderful activities are testament to that. insurance company, Ohio Casualty company. In that match a career was So many miracles in the life of Karen Group (OCG), which was conducting born.” Meyers ’78 can be traced to a tragic on-campus interviews. event that occurred in her own life She already had a job and was living Angelic advocacy when she was very, very young. At with her grandfather and her mother “Joe Marcum, the CEO of Ohio the age of two, she lost her father in a who likewise urged her to interview Casualty, told me that no one could construction accident. There was no with the company. A half-hour into ever take my love of books away from insurance of any kind, and she and her the interview she was asked to visit me and that it was helpful to me in mother, who was pregnant at the time, the home office and within four days my work with their company,” she
MEYERS HAS MULTIPLE DEGREES AND CERTIFICATIONS THAT SPAN A 23-YEAR PERIOD AND INCLUDE: 1971 a B.A. from Thomas More College, 1978 an MBA from Xavier 1984 Fellowship Life Management summa cum laude University and an M.Ed. Institute 1978 a J.D. from Chase College of Law 1981 Chartered Life Underwriter
4 chase FEATURE
I prayed to God
for an angel and God
sent me you.
KAREN MEYERS ’78 WITH OHIO GOVERNOR ROBERT TAFT AND MICHAEL LAWLESS, SR. VICE PRESIDENT AND CEO OF FINANCIAL SETTLEMENT SERVICES, INC. AT THE SIGNING OF THE STRUCTURED SETTLEMENT PROTECTION“ ACT.
remembered. longer work, they would then be left happy.” She once searched out a Her love of books and her very with no income for life. Periodic voice-activated fishing pole for a unusual background allowed her to payments were devised to dissipate spastic quadriplegic who retained rise through the ranks quickly and that risk. some gross motor skills and then gave her lots of opportunities to serve California Congressman Jim incorporated the purchase” of that into on many committees such as Corman, who helped forge the federal the settlement agreement. accounting, product development, law governing structured settlements, Her tactics may be a bit investment, etc. told Meyers she “was on the side of unconventional at times as when she The senior vice-president of Ohio the angels.” demonstrated a point in a very Casualty and president of the life She continues her angelic advocacy ostentatious, some might even say company proposed financing claims as partner in Little, Meyers, outlandish way. Such was the situation with periodic payments. Meyers did Garretson, and Associates, Ltd. and as at one settlement conference when she the research and wrote the company’s board member of the National filled a bucket with dollars to illustrate internal white paper on structured Structured Settlement Trade the trust part of the settlement and settlements. Periodic payments Association doing plaintiff and defense displayed a photo of a handicapped- provide a way to settle claims by work in facilitating financial planning equipped car to illustrate the need for dissipating risks. When a for settlement dollars. Her approach the purchase of a similar replacement catastrophically injured person to her work with the catastrophically vehicle every five years. She also receives a lump sum payout, there is a injured is to look not only at the presented photos of a woman coming temptation not unlike what happens bottom line of replacing lost earnings out of a beauty shop to indicate the when someone hits the lottery to and securing rehabilitation and importance of the injured man’s wife spend all their windfall in one fell medical services, but at a total life care retaining the financial ability to get her swoop buying big-ticket items like plan that helps the individual restore hair and nails done as she had been houses and cars. When persons are some of his or her special interests – accustomed to doing once a month. permanently disabled and can no “the things that make someone’s life The injured man in that case was
1987 Chartered Property Casualty 1990 Xavier University – 1994 University of Notre Dame – Underwriter post-graduate work in hospital Certified Structured Settlement administration Consultant (co-developer and curriculum designer)
spring 2003 5 FEATURE
EVERY EDUCATIONAL INSTITUTION HAS
BEEN VERY, VERY HELPFUL TO ME, BUT CHASE
WAS THE CATALYST FOR MY CAREER.
“Karen Meyers
Oan illiterate, African-American founded Blue Diamondhead matches “Out of personal tragedy came gentleman who was employed as a in Middletown. The fellowship and wonderful opportunities – a passion concrete mopper and had lost a leg, scholarship paid for all expenses for helping the injured and their had his pelvis and hip crushed by a associated with her undergraduate families and a tremendous respect for truck, and was the father of 12 degree, which she was able to insurance companies, without” whom children, eight of them minors. His complete remarkably in just three most settlements would not happen,” wife worked in a cafeteria. years. She also teaches at Miami she pointed out. “He told me ‘I prayed to God for University to which Joe Marcum of “Chase was perfect for me,” she an angel and God sent me you,’” OCG introduced her as a volunteer in added. “I wanted to work and the Meyers recalled. the graduate program conducted there night school allowed me to do that. I It was truly a win-win situation, for high school teachers by the Ohio went through with my brother Paul Meyers said, as the plaintiff’s attorney Insurance Institute. Meyers ’78. I was working for “looked like a hero because she One of her fondest memories as a Baldwin at the time and the company allowed it, and everyone, including the TMC student was being on hand to funded my education. defendant and insurance company greet President Lyndon Baines “Every educational institution has walked away feeling so good.” Johnson when he came to Crestview been very, very helpful to me, but Hills for the dedication of the new Chase was the catalyst for my career.” Giving back by teaching college in 1968. And she is never far removed from Meyers never forgets those who She has faced many challenges the law school – both her partners, helped her, and teaches at Thomas in her various roles as a teacher, Tom Little ’83 and Matt Garretson More College as she had promised to expert witness, consultant, wife, ’98, are Chase graduates, too. do when she attended there as a Red Cross volunteer, and board What’s next for this dedicated and Gardner Fellow and Presidential member, and risen to all of them energetic attorney – perhaps a Ph.D. Scholar – a foundation that was set up with a passion that burns or maybe even an M.D.? for Ohio students by the man who fervently. The jury is still out. O
6 chase FEATURE
College of Law Turns 110 ‘Night Law School:’ a legacy to legal education
by Jim Pickering Director of Communications and Special Projects, NKU
1893 1896 1900 1926 1930
SEPT. 18, 1893 OCT. 17, 1893 MAY 1896 JUNE 28, 1900 OCTOBER 1926 MARCH 12, 1930 The Cincinnati Commercial First class is held with 17 First class is graduated Bachelor of Law degrees Entrance requirements begin to YMCA Night Law School Gazette announces that a students. Robert M. Ochiltree, (five). conferred upon 65 candidates, change, eventually from one Alumni Association is “Night Law School” has been founder and first dean, created 22 in the class of 1900 and 43 year of college to a four-year founded. established as a branch of the the school after realizing the to members of 1895-to-1899 bachelor’s degree. Cincinnati and Hamilton need for a part-time program classes. County YMCA. for those who didn’t have the means to go to school full-time.
spring 2003 7 FEATURE
“I have been one acquainted with the night ...” — last line of a Robert Frost poem
In 1893 aspirin was invented, the And while there now are more full- years required novel ways of teaching: zipper patented and the first long- time day students than part-time “Since Ochiltree was pioneering a new distance telephone call completed. night students, Chase’s mission concept in legal education, he Also that year, on a chilly mid-October remains the same: to provide the continuously had to adapt the night and with much less fanfare, 17 greatest opportunity for a legal administrative structure of the school students entered a downtown education to those best suited to serve as it matured.” Cincinnati YMCA to become lawyers. the profession. And with each passing year, the school Thanks to an Indiana farmer-turned- “Although we added a full-time reached milestones that would increase lawyer who believed in a new program in the mid-70s, the part-time its chance for longevity: in May 1896 approach to legal education, the Night program remains a major part of our the first class (five students) was Law School — which would later focus,” says Gerard St. Amand, the graduated; bachelor of law degrees become the Salmon P. Chase College school’s current dean. “Part-time were conferred upon 65 graduates of Law — was created. students currently make up from the 1895, 1899 and 1900 classes; approximately 45 percent of our and throughout it, Chase created a ROBERT M. Robert M. Ochiltree, students. The part-time program is an curriculum to match day law schools. OCHILTREE founder and first dean integral part of the law school’s of the school, history, its present and its future.” By 1930, pre-law school requirements envisioned a part-time were increasing and being met by program for students THE LAWYERS’ SCHOOL Chase administrators. Also that year, who had neither the In their book The Lawyers’ School: A the YMCA Night Law School Alumni finances nor the time to attend full- Centennial History of Salmon P. Association was founded. In 1943, in time, day law classes. He also saw the Chase College of Law (Gateway, honor of the school’s 50th anniversary, program as an opportunity to create 1995), the authors – C. Maxwell it was renamed the Salmon P. Chase teaching opportunities for himself and Dieffenbach, Stanley E. Harper Jr. College of Law, after an Ohio lawyer other members of the bench and bar. and W. Jack Grosse — chronicle the who served as Chief Justice of the U.S. goals, vision and commitment of Supreme Court and U.S. Attorney One hundred and ten years later, those who have been instrumental in General, and who was a staunch civil aspirin, zippers, phone calls — and, creating what is now a Kentucky rights activist. yes, Chase College of Law — are more institution. popular than ever. Total enrollment The subsequent decades saw Chase (full-time and part-time) for fall 2002 The authors, all former Chase faculty move to gain national accreditation was 466 students, the largest themselves and key members in the and create a private donor support enrollment since 1980 (500). school’s success, write that the early base, build its alumni base and hire more
1943 1952 1954 1955
MAY 28, 1943 SEPT. 16, 1943 1952 OCT. 10, 1952 OCT. 26, 1954 FEB. 18, 1955 Name of Night Law School The 50th anniversary of the Raymond P. Hutchens is Chase College of Law Chase College Foundation is Col. Harry T. Klein, class of changed to the Salmon P. College of Law is celebrated. appointed first full-time dean requests ABA approval. established to receive and 1910, makes his first Chase College of Law. since Robert M. Ochiltree, reserve funds from private substantial gift to the Chase founder. contributors. College Foundation. Other gifts follow in 1956 and 1960.
8 chase FEATURE
faculty to accommodate increasing That kept us going.” consider a full-time day division in enrollment. In 1954, the Chase addition to its part-time evening College Foundation was established to MERGER WITH NKSC division. The American Bar receive and reserve funds from private But more than a sense of mission was Association granted approval to this contributors; and in 1959 Chase was needed to resolve cramped offices and plan in 1975. The first class of full- granted full accreditation by the classrooms. Three years after Chase time students graduated in May, 1978. American Bar Association. celebrated its 75th anniversary, a In 1984, the law school was selected merger agreement was reached for membership in the Association of But perhaps the school’s most between the law school and Northern American Law Schools. significant transformations came with Kentucky State College (NKSC). In a merger that took it across the river. the summer of 1972, classes began at Many Chase alumni have come to Throughout each decade there was NKSC’s Covington campus. what is fondly called “The Lawyers’ one growing realization among School” because they — like those administrators, faculty and students — “We had halls and windows that students whom Dean Ochiltree the need for more space. opened!” says Grosse, who was envisioned — were earning a living instrumental in the merger. “What can during the day and could only attend
JACK Jack Grosse, professor I say — the move across the river gave part-time, night classes. They’ve also GROSSE emeritus at Chase and us more space and a beautiful view of had other reasons. ’62 former dean (1970-78 downtown Cincinnati. We had a and 92-93), began parking lot. I no longer had to go Sara Sidebottom ’78 was SARA working as a professor at down every two hours and feed the teaching full-time in the SIDEBOTTOM the downtown Cincinnati downtown parking meters.” Cincinnati Public School CHASE ’78 school in 1962. He says the physical System when she began conditions were “almost unbearable,” In 1976 NKSC earned university attending night classes at but any discomfort was eased by a status and its name was changed to Chase. “Though Chase sense of mission by faculty, Northern Kentucky University. In was the only evening law school in the administrators and students. 1982 the law school moved from the area, I also wanted to attend my “We were teaching law to people who Covington campus to Nunn Hall on father’s (William P. Sidebottom ’44) couldn’t afford to go to law school at the Highland Heights campus, where alma mater.” a full-time, day law school,” Grosse it remains today. explains. “We recognized that the Today, Sidebottom is vice president for facilities were poor, but we believed At the time of the Chase-Northern legal affairs and general counsel at that students were getting a great legal Kentucky State College merger in NKU. She says her training at Chase education, as good as anywhere else. 1972, the law school began to provided excellent preparation for her
1959 1960 1962 1965 1968 1971
FEB. 24, 1959 SEPTEMBER 1960 1962 SEPTEMBER 1965 NOV. 15, 1968 JULY 9, 1971 Full accreditation granted by The first full-time librarian is First Juris Doctor degrees are Law School Admission Test The 75th anniversary Merger agreement executed ABA, with accreditation by hired (D. L. Runyan). awarded. (LSAT) becomes admission celebration of the Chase with Northern Kentucky State New York State Board of Library collections rise requirement. College of Law is held. More College (NKSC). Merger Regents following shortly to 20,000 by 1964. than 350 graduates return to approved by the Kentucky thereafter. receive J.D. degrees. Council on Public Higher Education two weeks later.
spring 2003 9 FEATURE
current position. “I knew to be successful I needed the The rewards have been tremendous.” best education possible and, obviously, “In addition to substantive law Chase provided that opportunity,” Guidugli describes his choice of Chase courses, Chase offered valuable trial explains Guidugli, a judge in the using a spiritual term: “I often say how practice courses taught by full-time Kentucky Court of Appeals (Sixth blessed my life has been, and going to practitioners,” Sidebottom recalls. “All Appellate District). Chase law school has definitely been were high-profile, well-respected local a great blessing. It thoroughly attorneys whose experience and Chase, he says, provided him with a prepared me for the practice of law. knowledge were generously shared.” strong classroom environment and The practice of law and my judicial exposure to the practical experience he career have given me countless rewards.” By the time she was ready to graduate, would need to be a successful lawyer.
the Crestview Hills, Ky., resident says Rick Rothfuss ’77 RICK she realized the impact Chase College The Wilder, Ky., resident admits that readily concedes that ROTHFUSS of Law has had on the region’s legal law school was quite difficult for him, law school was not his CHASE ’77 profession: that the “Greater but by the time he was preparing for first choice after Cincinnati legal community (is) the bar exam, he was “pleasantly graduating: “Chase strongly represented by Chase grads surprised how everything started to chose me. I was — judges, prosecutors, defense come together and was intertwined. primarily interested in pursuing a attorneys, magistrates, legal aid, city, Classes that I had taken my first year, postgraduate degree in psychology. I state and federal governments, and and seemed so difficult and remote, applied to law school (Chase) almost private business. In the 25 years since suddenly made sense and came together.” as an afterthought.” my graduation this influence has extended throughout the He adds that the friendships he made Rothfuss turned an afterthought into Commonwealth as well.” with his classmates were key to his a successful career and business. He surviving law school. is CEO of Lerner, Sampson &
DAN BEST Rothfuss, a real estate and creditors GUIDUGLI EDUCATION “There were many difficult and rights firm. NKU ’74 POSSIBLE seemingly impossible moments CHASE ’78 Dan Guidugli, also ’78 throughout law school that with the The Cincinnati resident says the (NKU ’74), says the help and support of fellow classmates, moment he knew Chase was a special part-time program was and even professors, I was able to place was the first day of class. “I felt the major draw for him. But there overcome. I was able to make it an immediate sense of camaraderie were others, as well. through those difficult days and classes. with my classmates and the feeling of
1972 1973 1975 1976 “What can I say — the move across the river gave us more space and a beautiful view of downtown Cincinnati.” –W. Jack Grosse
JUNE 2, 1972 SUMMER 1972 FALL 1972 1973 FALL 1975 1976 Chase College of Law holds Law school moves from the Classes begin in Kentucky First Northern Kentucky First full-time/day law Northern Kentucky State its last graduation as a Central Parkway YMCA to facilities. Law Review published. classes begin. College is granted university Cincinnati law school in Hankins Hall at NKSC’s status. Music Hall. Covington Campus.
10 chase FEATURE
being in the right place at the right time.” conviction, he adds: “Even though my position among the premier dual- application to Chase was an division law schools in the country, When asked how Chase best prepared afterthought, sometimes an and to be acknowledged nationally as him for his career, Rothfuss mentions afterthought is the best thought.” a law school whose graduates are how effective it was to have classroom recognized to be among the most learning coupled with practical experience. CHASE TODAY AND TOMORROW capable, skilled, and ethical members Robert M. Ochiltree created a chain of the legal profession.
“Because I was working as a law clerk of “firsts” when classes started at the GERARD while at Chase, I had the best YMCA in 1893. These were the first “As we strive for this ST. AMAND combination for learning,” Rothfuss students to attend a YMCA night law increasing level of explains. “Each day I was able to bring school in U.S. history; it was the first excellence, “ St. Amand my textbook learning to practical night law school in the Tri-state area, adds, “one thing we application. I remember how much and only the third in the country; and should never forget is easier civil procedure became while they were the inaugural class at a the long-standing commitment by working daily with court filings, school that would go on to produce Chase to provide the greatest service of process and virtually all of more than 40,000 lawyers, judges and opportunity for a legal education to the processes governed by the rules. other legal professionals. those best suited to serve the legal The same applied to real estate title profession …” work. Learning about it in class and Today, Chase continues to excel as doing title exams the next day made students distinguish themselves in “I often say how blessed my the abstract concrete. trial advocacy competitions, moot court competitions, law review life has been, and going to He says his biggest revelation was the programs and publications, and in Chase law school has enthusiasm shown by Chase faculty individual scholarship in national law members. “The level of devotion of journals. Also, Chase students definitely been a great Dean Grosse and our professors — continue to achieve enormous blessing.” each professor I had — whether full- employment success in clerkships time or adjunct — impressed me as during law school and in a wide range — Dan Guidugli being genuinely dedicated to the task of positions upon graduation. of turning law students into knowledgeable attorneys.” As for the next 110 years, Dean St. Amand says the law school is Philosophically and with much “committed to strengthening its
1978 1979 1981 1982 1984 1993
MAY 1978 MARCH 29, 1979 DEC. 1981-JAN. 1982 SEPT. 19, 1982 JANUARY 1984 JAN. 1, 1993 First full-time law class Chase College of Law Alumni Law school moves to Nunn Nunn Hall is dedicated as Chase is approved for Chase’s Centennial Year is graduates. Association merged with Hall on the Highland Heights the law school building. membership into the launched with a 185th NKU Alumni Association campus. Association of American birthday celebration for (effective Nov. 8, 1979). Law Schools. Salmon P. Chase.
spring 2003 11 FEATURE
Past Deans salmon Robert M. Ochiltree 1893 to 1916 p. Chase YMCA Officers 1916 to 1918 Salmon P. Chase was born in 1808 Charles C. Benedict 1918 to 1919 in Cornish, New Hampshire. He Gilbert Bettman 1919 to 1929 graduated from Dartmouth College and completed his legal studies Floyd Williams 1929 to 1936 under United States Attorney Judge Stanley Mathews 1936 to 1952 General, William Wirt. He passed the Ohio Bar in 1829 and opened a Ray P. Hutchens 1952 to 1967 law practice in Ohio.
C. Nicholas Revelos 1967 to 1970 He strongly advocated the rights of blacks and women, including the right W. Jack Grosse 1970 to 1978 to vote and the right to an education. During the 1830s and 1840s, he Ovid C. Lewis 1978 to 1979 became known as the “Attorney General of Runaway Slaves” for his Glenn Wells 1979 to 1980 frequent legal defense of runaway William R. Jones 1980 to 1985 slaves and others who harbored slaves. Henry L. Stephens, Jr. 1985 to 1992 In 1850, he was elected United States Senator from Ohio. At the time, W. Jack Grosse (interim) 1992 to 1993 senators were elected by the state’s U.S. Representatives. It is said that David C. Short 1993 to 1999 Chase insisted as a condition for his accepting this selection that Ohio Gerard A. St. Amand 1999 to present repeal its Black Laws that legislated discrimination against blacks.
In 1856, Chase was elected governor of Ohio. He served as governor until 1997 1999 2001 2003 1860 when President Lincoln appointed him as Secretary of the Treasury. During his tenure in this post he created the Internal Revenue Division and established a national banking system. In 1864, President Lincoln appointed Chase as Chief Justice of the United States Supreme Court, where he served until his death in 1873. 1997 1999 2001 2003 Conversion of the Creation of the The Innocence Project The 110th anniversary of Municipal Law Center to National Trial Advocacy added to externship the Chase College of Law. the Local Government Competition Program. program. Law Center.
12 chase AROUND THE LAW SCHOOL
Gatherings
Top – PEGGY ST. AMAND, KENTUCKY SUPREME COURT JUSTICE DONALD AND MRS. WINTERSHEIMER AT KENTUCKY BAR ASSOCIATION RECEPTION Right – DEBBIE DAVIS ’02 AND BETH ALBRIGHT ’03 WITH BARRY SCHECK AT AN INNOCENCE PROJECT CONFERENCE IN NEW ORLEANS Bottom – TRAVIS AND MEREDITH LUDWIG, CHASE ALUMNI COORDINATOR, AT KBA RECEPTION Legacy
It is defined by Webster's Dictionary as: "Something received from an ancestor or a predecessor or from the past." To the Chase College of Law, legacy means so much more. Legacies help define Chase's history and its future. They are a tie that will bind its first 110 years with its next 110 years. Legacies not only exemplify Chase's prestigious reputation – they are part of that reputation. If you are part of a Chase legacy, we'd like to hear from you. The fall issue of Chase magazine will examine the legacies of Chase. If you'd like to be included, call (859) 572- 6467 or mail your information, including how best to contact you, to:
Chase College of Law Advancement Office Nunn Hall Highland Heights, KY 41099
spring 2003 13 AROUND THE LAW SCHOOL chase advocates sucCeed
TRIAL ADVOCACY TEAM CHASE NATIONAL TRIAL ADVOCACY TEAM IS 1st RUNNER-UP AT REGIONAL COMPETITION
For the second straight year, Chase rounds of the regional tournaments. received the Kentucky District Judges' College of Law's National Trial Advo- During the competition, the student Association's Outstanding Trial Advo- cacy Team won first runner-up in the litigators from Chase served as attor- cate Award for earning the most indi- 2003 American Trial Lawyers Associa- neys in a mock civil litigation trial. The vidual points in the ATLA Competi- tion (ATLA) National Student Trial students served as attorneys for the tion. John Dunn received the 2002 Advocacy Competition's Regional plaintiff during one round of the com- KATA Outstanding Trial Student Tournament on March 2, 2003. Spon- petition, and served as attorneys for Award in November 2002. Emily sored by Reminger & Reminger, the the defendant during the next round Kirtley is nominated for the 2003 team of Emily Kirtley (3L), Anna of the competition. The case involved KATA Outstanding Trial Student Award. Schmalz (2L), Andre Campbell (1L), a bad faith claim against a disability Thanks to The Lawrence Firm for and Chuck Haselwood (2L) finished insurance company. pledging to donate $2500 to the top first after defeating Howard in the Bob Hojnoski, Reminger & two National Trial Team members. semi-final round. The team lost to Reminger, and Professor Kathleen This scholarship will encourage stu- Akron in the final round by two points. Hughes coached the teams. Reminger dents to develop their trial skills and The team of Dana Luther (2L), & Reminger sponsored the team. offset expenses for competing in the Kim Sanders (3L), Nick Zingarelli Their donation of time and competi- national competitions. Also thanks (1L), and Colleen Kirkpatrick (1L) tion expenses amounted to approxi- goes to American Board of Trial At- finished seventh out of 16 teams. This mately $8,000. Their support had a torneys (ABOTA) for their continued was the first year of competition for direct impact on the team's success. donation of $2,500. ABOTA was the all eight members. In other National Team news, the first organization to support the team Law students from 224 teams com- team of Emily Kirtley (3L) and and get it off the ground. Their con- peted in 16 regional tournaments na- Raeshon Mansoor (3L) advanced to tinued support ensures that the pro- tionwide from February 21 through the semi-final round of the Kentucky gram grows into a nationally competi- March 2, 2003. Only 28 teams, includ- Mock Trial Competition in Novem- tive one. For more information, contact ing Chase, advanced to the final ber 2002. Also, Chuck Haselwood Professor Hughes at (859) 572-5340. Moot Court Boasts Success Chase offers an active Moot competitions throughout the country. finished in third place at the Giles Court Program. Participation is vol- Angela Marcum and Nathan Sutherland Intellectual Property com- untary and available to students with Blaske competed in the Thurgood petition in Boston. The students ad- a demonstrated ability and interest Marshall Constitutional Law Moot vanced to the semi-finals by beating in moot court. The program pro- Court Competition sponsored by the schools such as American University vides an opportunity for students to Federal Bar Association in Washing- and George Washington University. develop various legal skills includ- ton, D.C. and finished in second place Congratulations to the Moot Court ing research, brief writing, and pre- overall while defeating teams from teams for continued success in com- sentation of oral arguments. Akron, Howard and Seton Hall. petitions throughout the United States. The Moot Court Board conducts an Blaske was awarded Overall Oralist intramural competition annually, and and Best Final Round Oralist. selects students to compete in various Laura Frieko and Paul Lemasters
14 chase AROUND THE LAW SCHOOL
BILLINGS congratulations RECEIVES chase moot court and FULBRIGHT trial advocacy teams HONOR
Thurgood Marshall constitutional Law Chase Professor Roger Billings was Moot Court Competition – Washington, D.C. nominated for and has accepted the Fulbright-University of Salzburg Dis- 2nd Place Angela Marcum and Nathan Blaske tinguished Chair in Law for the aca- demic year 2003-04. best overall oralist Nathan Blaske and best final As part of the law faculty at the round oralist University of Salzburg, Professor Billings will be teaching three ad- vanced undergraduate or graduate atla student trial advocacy regional courses for four months from March competition – columbus, OH through June 2004. The courses he will be teaching are 2nd Place Andre Campbell, Chuck Haselwood, Anna Schmalz and Emily Kirtley the WTO and EU-US External Trade Relations lecture, the International 7th place Dana Luther, Colleen Kirkpatrick, Business Transactions lecture, and Ne- Kim Sanders and Nick Zingarelli gotiating and Drafting International Business Agreements (an exercise or seminar including an introduction to giles sutherland intellectual property relevant aspects of US law). moot court competition – boston, MA The Fulbright Distinguished Chairs Program awards are among the most 3rd Place Laura Frieko and Paul Lemasters prestigious appointments in the Fulbright Scholar Program. Most awards are in Western Europe, al- though a few are available in Canada and Russia. Professor Billings said he and his wife, Debbie, expect to live some- where in Salzburg and look forward to making many friends and profes- sional contacts there and in Munich and Vienna.
spring 2003 15 AROUND THE LAW SCHOOL
faculty publications
ALLRED BALES BILLINGS BREWER ELDER FIRAK GODSEY HOUH HUGHES RYAN JONES
Carol B. Allred Disappear, part of a symposium in IDAHO L. REV. The Leader as Mediator, in LEADERSHIP ROLES FOR (Spring 2003). LIBRARIANS 131-53 (2002). (with Christopher J. McFadden and Charles R. Sheppard) GEORGIA APPELLATE PRACTICE (2d ed. West Group Richard Bales 2002). The Role of Arbitration in Employment Disputes, in ELKOURI Administrative Law and Procedure, ch. 10 in Civil Procedure: & ELKOURI, HOW ARBITRATION WORKS (6th ed. Special Remedies and Proceedings, 7 GEORGIA PROCE- forthcoming 2003). DURE 204 (2d ed. West Group 2002). The Arbitrability of Side and Settlement Agreements in the (with Kelly S. Wiley) Kentucky Law Survey: Professional Collective Bargaining Context, ___ WEST VIRGINIA Responsibility, 29 N. KY. L. REV. 35 (2002). LAW REVIEW ___ (forthcoming 2003). (with Katrina Atkins) HIV and the Direct Threat Defense, 91 David A. Elder KY. L.J. ___ (forthcoming summer 2003). PRIVACY TORTS (2002) (an updated, revised version of THE (with Elaine Korb) A Permanent Stop Sign: Why Courts Should LAW OF PRIVACY (1991 & Supp. 2001)). Not Impose Heightened Pleading Standards in § 1983 (with N. Johnson & B. Rishwain) Establishing Constitutional Cases, ___ BRANDEIS L.J. ___ (forthcoming spring Malice for Defamation and Privacy/False Light Claims 2003). When Hidden Cameras and Deception Are Used by the (with Sarah Nefzger), Employer Notice Requirements Under Newsgatherer, 22 LOY. L.A. ENT. L. REV. 327 (2002). the Family and Medical Leave Act, 67 MO. L. REV. 883 (2002) (lead article). Nancy Lee Firak (with Margaret Maggio) Contracting Around the FAA: The Norfolk Shipbuilding & Drydock Corp. v. Garris: The Su- Enforceability of Private Agreements to Expand Judicial preme Court Creates a Negligence-Based General Mari- Review of Arbitration Awards, 18 OHIO ST. J. DISP. time Cause of Action for Wrongful Deaths Occurring in RESOL. 151 (2002). State Territorial Waters, 14 U.S.F. MAR. L. J. 1 (2002). (with Suzanne Van Wert) Richard Bales, Internet Website Jurisdiction, 20 JOHN MARSHALL J. COMPUTER & Mark Godsey INFO. L. 21 (2001). The Final Frontier of Constitutional Confession Law—The (with Ryan Allison) Enjoining Nonparties, 26 AM. J. TRIAL International Arena: Exploring the Admissibility of ADVOC. 79 (2002). Confessions Taken by U.S. Investigators from Non- (with Julie McGhghy) Richard Bales, Insuring Title VII Americans Abroad, __ GEO. L.J. ___ (forthcoming April Violations, 27 S. ILL. U. L. REV. 71 (2002). 2003). (with Samuel D. Elswick) No Harm, No Foul: The OSHRC’s Miranda’s Final Frontier—The International Arena: A Critical Authority to Label an OSH Act Violation de Minimis and Analysis of U.S. v. Bin Laden, and a Proposal for a New to Require No Abatement, 22 N. ILL. U. L. REV. 383 Miranda Exception Abroad, 51 DUKE L.J. 1703 (2002). (2002) (lead article). Emily M.S. Houh Critical Interventions: Toward an Expansive Equality Approach Roger Billings to the Doctrine of Good Faith and Fair Dealing in 2002 Supplement for HANDLING AUTOMOBILE WAR- Contract Law, 88 CORNELL L. REV. ___ (forthcoming RANTY AND REPOSSESSION CASES, 2d ed. 2003). 2002 Supplements for FLOOR PLANNING, RETAIL FI- NANCING AND LEASING IN THE AUTOMOBILE Kathleen G. Hughes INDUSTRY. KENTUCKY CITY CLERKS’ RESOURCE GUIDE (Apr. 2002) (Kentucky Municipal Clerks’ Ass’n.). Edward C. Brewer III Some Thoughts on the Process of Making Ethics Rules, Jennifer Jolly Ryan Including How to Make the “Appearance of Impropriety” Coordinating a Legal Writing Program with the Help of a
16 chase AROUND THE LAW SCHOOL
KATKIN LASSITER LOPEZ A. NACEV L. NACEV SHORT SPARKES STAVSKY TODD WHITEMAN YZENBAARD ZAHER
Course Web Page: Help for Reluctant Leaders and the David C. Short Technology Challenged Professor, __ QUINNIPIAC L. (with Peter Schmid) Kentucky Law Survey: Environmental REV. ___ (forthcoming 2003). Law, 29 N. KY. L. REV. 1 (2002). William R. Jones Phillip M. Sparkes 2002 Supplement, KENTUCKY CRIMINAL TRIAL PRAC- From Blueprints to Baseball: Cincinnati, 34 URBAN LAW. 345 TICE (3d ed. 2001) (Harrison Co.). (2002). (with Lisa Wenzel) Kentucky Law Survey: Education Law, 29 Kenneth D. Katkin N. KY. L. REV. 115 (2002). Cable Open Access and Direct Access To INTELSAT, 53 CASE W. RES. L. REV. 77 (2002). Mark M. Stavsky The Second Amendment Today: Historical and Contemporary (with Adam C. Todd) One Down and One to Go: Supreme Perspectives on the Constitutionality of Firearms Regula- Court Clarifies PLRA’s Exhaustion Requirements, 8 tion, 29 N. KY. L. REV. 643 (2002). CORR. L. REP. 76 (2002). (with Laurie Lamb) Kentucky Survey Issue: The Establishment Clause, 29 N. KY. L. REV. 73 (2002). Adam Todd Scientific Fraud entry in THE DICTIONARY OF AMERICAN Exam Writing as Legal Writing: Teaching and Critiquing Law HISTORY (3d ed., Stanley I. Kutler, editor) (February School Examination Discourse, accepted for publication in 2003). Spring 2003 issue of TEMPLE LAW REVIEW. Conflicting Perceptions of the Rule of Law, INSIGHTS ON Academic Support Programs: Effective Support Through a LAW & SOCIETY, Vol. 3, No. 2 (forthcoming 2003). Systemic Approach, accepted for publication in Volume 38:1 of GONZAGA LAW REVIEW Sharlene W. Lassiter (with Mark M. Stavsky) One Down and One to Go: Supreme I HAVE A TESTIMONY (publication pending, 2002) (non- Court Clarifies PLRA’s Exhaustion Requirements, 8 fiction,WinePress Publishing, Enumclaw, Washington) CORR. L. REP. 76 (2002). Albert B. Lopez Michael Whiteman Racial Profiling and Whren: Searching for Objective Evidence Supreme Court Editor, Education Law, 25 J. L. & EDUC. of the Fourth Amendment on the Nation’s Roads, 90 KY. (2002). L. J. 75 (2002). $10 and a Denim Jacket? A Model Statute for Compensating Caryl Yzenbaard the Wrongly Convicted, 36 GA. L. REV. 665 (2002). 2002 Supplement for RESIDENTIAL REAL ESTATE TRANS- Book Review, Focusing the Reparations Debate Beyond 1865, ACTIONS (West). 69 TENN. L. REV. 653 (2002), reviewing ALFRED L. 2002 Supplement for KENTUCKY REAL ESTATE SALES-- BROPHY, RECONSTRUCTING THE DREAMLAND: WITH FORMS 2d ed. (Harrison) THE TULSA RACE RIOT OF 1921 (New York, Oxford 2002 Supplements to Chapter 56 Territories and Possessions University Press, 2002). and to Chapter 58 Antarctica of THOMPSON ON REAL PROPERTY, Thomas Edition (Mitchie). Adrienne Noble Nacev KENTUCKY INTESTACY, WILLS, AND PROBATE (West, (with Jeremy Rettig) A Survey of Key Issues in Kentucky Elder forthcoming 2003). Law, 29 N. KY. L. REV. 139 (2002). Claudia Zaher Ljubomir Nacev When a Woman’s Marital Status Determined Her Legal Status: Ljubomir Nacev, Funding Trusts and Estates - Property A Research Guide on the Common Law Doctrine of Distributions, 43rd SOUTHWEST OHIO TAX INSTI- Coverture, 94 LAW LIBR. J. 459-86 (2002). TUTE chapter F (2002).
spring 2003 17 AROUND THE LAW SCHOOL
BY TARA R. JONES The threat-to-self defense and the americans with disabilities act To be published in Southern Illinois University Law Review.
The Americans with Disabilities Act hand, many employers and the Equal Em- such performance cannot be accomplished (ADA) was enacted in 1990 to “provide a ployment Opportunity Commission by reasonable accommodation, as required clear and comprehensive national mandate (EEOC) argue that the employer has an under this subchapter.”6 The statue also for the elimination of discrimination affirmative duty to protect its employees states that “the term ‘qualification stan- against individuals with disabilities.”1 For when those employees put themselves in dards’ may include a requirement that an the last 12 years, courts have struggled to harm’s way. The EEOC has interpreted individual shall not pose a direct threat to define and apply the statute.2 The 2002 the language of the ADA as allowing em- the health or safety of other individuals in case of Chevron U.S.A. Inc. v. Echazabal3 ployers to deny employment based on a the workplace.”7 The Act makes no men- is an example of that struggle. This case direct threat-to-self theory. The Supreme tion of a threat-to-self defense. has been described as one that “could be Court, in Echazabal, gave deference to The second argument against the threat- one of the most important decisions under the EEOC regulations. to-self defense is a policy argument. For the ADA during the 10 years since [the stat- This article argues that Echazabal was more than 80 years, the federal govern- ute] has been in effect.”4 wrongly decided, and that the ADA should ment has taken steps that have been “pro- In Echazabal, the Supreme Court de- be interpreted as forbidding employers gressively aggressive” in supporting the cided that an employer may lawfully deny from denying employment based on a di- disabled.8 This article argues that a job to a disabled individual who is able rect threat to self. Two arguments sup- Echazabal paternalistically prevents em- to perform all essential job tasks and who port this position. The first is the plain ployees from deciding for themselves poses no threat to the health or safety of language of the statute. The statute pro- whether the economic benefit of a job out- others but who the employer believes will vides that “it may be a defense to a charge weighs the safety risk. In the context of be harmed by the job at issue.5 Advocates of discrimination under this chapter that sex discrimination, the Supreme Court has for the disabled argue that the language and an alleged application of qualification stan- said this decision is for the woman, not the legislative history of the ADA favor allow- dards, tests or selection criteria that screen employer, to make.9 Disabled individuals ing employees to choose for themselves out or tend to screen out or otherwise deny should have this same choice. whether to incur work-related risk, and that a job or benefit to an individual with a dis- employers should not be permitted to deny ability has been shown to be job-related employment on this basis. On the other and consistent with business necessity, and
(Footnotes) 1 42 U.S.C. § 12101(b)(1) (1994). 2 See, e.g., Stradley v. Lafourche Communications, Inc., 869 F. Supp. 442 (E.D.La. 1994) (determining that depression and other mental illnesses qualify as disabilities under the ADA). 3 122 S. Ct. 2045 (2002). 4 See David L. Hudson, Jr., Paternalism Is Out (last visited March 25, 2002)
18 chase BY KATRINA R. ATKINS & RICHARD A. BALES hiv and the Direct Threat Defense To be published in volume 91 of Kentucky Law Journal.
This article examines the relationship the risks that disabled individuals pose to threat provision. It then illustrates the between perceptions about HIV and the others in the workplace. The current stan- conflict among the circuits regarding the way those perceptions affect HIV-positive dard defines “direct threat” as a “signifi- application of the direct threat provision employees and their employers. cant risk to the health and safety of others to individuals with HIV and compares dif- Congress passed the Americans with in the workplace.” Essentially, the provi- fering approaches to risk and whether Disabilities Act of 1990 to prevent dis- sion places decisions regarding the safety those approaches, as well as the circuit crimination against individuals with dis- of interacting with HIV-positive individu- cases, comport with congressional man- abilities. The direct threat provision of the als in the hands of the judiciary. The judi- dates. Finally, the article proposes a new ADA, denying protections to disabled in- ciary, in turn, relies on administrative agen- standard for making direct threat deter- dividuals who present a direct threat to the cies, the medical community and, unfor- minations, focusing on the probability that health or safety of others in the workplace, tunately, the public perception of HIV and a risk will, in fact, materialize, rather than was intended to strike a balance between AIDS. Since perception of risk is largely on perceptions about specific disabilities. the interest of employers and the rights of subjective, whether a risk is “significant” It proposes the following standard for de- the disabled. is less of a factual question than a social termining whether a person with a disabil- Existing interpretations of employment construct. Thus, whether ADA protections ity poses a direct threat to the health and discrimination law produce answers that extend to HIV-positive individuals de- safety of others: are inconsistent and counter-intuitive. One pends, in part, on the myths and fears of group of federal circuits has held that any the judiciary in regard to HIV. Congress An individual poses a significant risk and risk of transmission of the HIV virus pre- passed the ADA to prevent employers and a direct threat to the health and safety of sents a direct threat because the result, no others from discriminating against the dis- others in the workplace if, after reason- matter how remote its occurrence, is death. abled based on myths and fears. Yet, the able accommodations are made, there is a Under this approach, all HIV-positive em- current standard allows the judiciary to use reasonable probability that an event will ployees could be fired, because each em- those same myths and fears to exclude occur, causing the risk to materialize and ployee presents a remote risk of transmis- some disabled individuals from the pro- result in significant physical harm to oth- sion, and because the impact of transmis- tections Congress intended them to have. ers in the workplace. sion is severe should it occur. A second This article argues that the determina- group of federal circuits has held that an tion of whether an individual is a direct The proposed definition of “direct employee cannot present a direct threat to threat to the health and safety of others threat” or “significant risk” effectuates the others unless there has been a documented should adhere to congressional intent; that purposes of the ADA in two ways. First, case of transmission by an employee in that whether a risk is significant must be based the proposed standard focuses on elements profession. Yet, the results defy common on objective scientific knowledge and free external to the individual with a disabil- sense because different professions require from the subjective perceptions of the pub- ity, reducing the likelihood of allowing ste- different levels of contact between employ- lic and the judiciary. The article first pro- reotypes to influence risk assessment. Sec- ees or an employee and consumer, produc- vides a backdrop for discussing how the ond, the proposed standard is flexible ing different levels of risk. risk of HIV should be evaluated, includ- enough to allow for an individualized in- Inconsistency in applying employment ing a review of the pathology and epide- quiry but strict enough to prevent unwar- discrimination law to HIV-positive em- miology of HIV, the statutory framework ranted fears about HIV and other disabili- ployees results from the failure of Congress for analyzing contagions under the ADA, ties to influence risk assessment. to provide direction on how to evaluate and the case law interpreting the direct
spring 2003 19 AROUND THE LAW SCHOOL
BY ELAINE KORB & RICHARD BALES
A permanent stop sign: Why Courts Should Yield to the Temptation to Impose Heightened Pleading Standards in § 1983 Cases To be published in Brandeis Law Review
In a modern legal landscape, the notion sions as to the scope and rationale under- claim showing that the pleader is entitled of heightened pleadings sounds like lying the decision. to relief” as required under Federal Rules rhetoric reminiscent of feudal England, This has precipitated a split of author- of Civil Procedure Rule 8(a)(2). Thus, al- conjuring up images of medieval barriers ity among the federal circuits on the pro- though neither Crawford-El nor designed to prevent access to the King’s priety of heightened pleading require- Swierkiewicz conclusively resolved the is- Court. As archaic as the phenomenon ments in civil rights actions when a gov- sue of the legitimacy of heightened plead- sounds, contemporary federal courts have ernment agent is sued in his/her individual ing standards in § 1983 actions against imposed heightened pleading standards on capacity and/or where intent, motive or government officials in their individual civil rights plaintiffs, partly as a response other state of mind is at issue. A review capacity or where intent or state of mind to the proliferation of civil rights claims of federal decisions reveals a pervasive is at issue, collectively these decisions pro- being filed – claims that have become a lack of consistency. At one end of the vide a good indication of the direction the proverbial thorn in jurists’ sides and to spectrum, some courts have abandoned Supreme Court is likely to follow on the which federal courts have become specificity in pleading, opting instead for contentious issue in the near future. increasingly hostile. As a practical, albeit requirements that are more consonant In an attempt to explain the genesis of unintentional, effect of these judicially with notice pleading under the Federal heightened pleading in American jurispru- mandated heightened pleading Rules of Civil Procedure. A second group dence, as well as the controversy that sur- requirements, civil rights plaintiffs’ of courts has continued its pre- rounds it, this article begins by examin- constitutional right of access to the legal Leatherman posture of imposing a height- ing the dichotomy between heightened system has been severely restricted, as has ened pleading standard, requiring civil pleading and the pleading requirements their opportunity to seek redress for the rights plaintiffs to evince more than evinced in the Federal Rules of Civil Pro- violation of federal or constitutional rights conclusory facts of an alleged constitu- cedure. Next, the article analyzes the ori- by agents of the government. tional violation by a government agent gins of heightened pleading, its apparent Prior to 1993, American federal courts acting under color of state law. death in certain contexts, and its brief res- universally and systematically required The Supreme Court has again consid- urrection, and compares the various ap- specificity in pleading of plaintiffs com- ered the propriety of heightened plead- proaches that the federal circuits have mencing actions under 42 U.S.C. § 1983, ings in two recent decisions. In Crawford- adopted regarding heightened pleading in the federal civil rights statute. In the 1993 El v. Britton,2 the Supreme Court held the wake of what appeared to be landmark landmark decision of Leatherman v. that a plaintiff bringing a constitutional decisions by the Supreme Court. Finally, Tarrant County Narcotics Intelligence and action under § 1983 against a government the article explores the merits and demer- Coordination Unit,1 the Supreme Court official for damages, in which the official’s its of heightened pleading and concludes unanimously held that heightened plead- improper motive is an essential element, with a proposal that advocates uniformity, ing standards were inapplicable in civil need not adduce clear and convincing impartiality, and neutrality: follow the rights cases against governmental entities evidence of that motive to survive sum- Supreme Court’s lead and completely ab- or municipalities where the defense of mary judgment. Strong dicta in Crawford- rogate heightened pleading requirements immunity was unavailable. The Supreme El left open, however, the propriety of in § 1983 cases. Court, however, avoided addressing the heightened pleading requirements in § more complex and contentious issue of the 1983 actions involving allegations of il- (Footnotes) propriety of heightened pleading stan- legal motive, such as racial discrimination. 1507 U.S. 163 (1993). dards in civil rights cases generally, includ- In the 2002 case of Swierkiewicz v. ing where the defendant is a public offi- Sorema,3 the Court rejected heightened 2523 U.S. 574 (1998). cial entitled to immunity. In the wake of pleading requirements in Title VII and age Leatherman, lower federal courts have discrimination cases, instead requiring 3122 S. Ct. 992 (U.S. 2002). predictably reached conflicting conclu- only “a short and plain statement of the
20 chase AROUND THE LAW SCHOOL
LEARNING WHILE SERVING Chase Externship Program
The legal education received at Chase stretches beyond the classroom. Each year Chase students have the opportu- nity, through clinical placements, to work with a wide range of local, state and federal legal departments. This past academic year Chase students received credit for working at: U.S. District Court, Eastern District Hamilton County Prosecutor’s Boone Commonwealth Attorney of Kentucky Office Clay County Commonwealth’s - Covington Division Adams County Prosecutor’s Office Attorney - London Division Cincinnati Legal Aid Cumberland County Federal Public Defender’s Office Kentucky Department of Public Commonwealth’s Attorney U.S. Department of Labor, Office of Advocacy Kenton County Attorney Admin. Law Judges Northern Kentucky Legal Aid Grant County Attorney National Labor Relations Board Society Internal Revenue Service Kenton County Circuit Court
PHI ALPHA DELTA RETURNS TO CHASE
Well actually, P.A.D. never left. Unfortunately, the Frederick Hoffman Chapter of Phi Alpha Delta went inactive a couple of years ago. However, Chase is proud to announce the pending re-activation of the Hoffman Chapter of P.A.D. at Chase College of Law. Thanks to the enthusiasm and commitment of several intrepid 1Ls, the Hoffman Chapter is inches away from full-fledged re-activation. The Dean has already endorsed the re-activation of the Hoffman Chapter and we are waiting on International Headquarters in Baltimore to transmit their approval (they may still be digging out from all of the snow!). Although official re-activation and recognition is still pending, the current members of the Hoffman Chapter have been hard at work, laying the ground work for future P.A.D. events, keeping in mind Phi Alpha Delta’s credo of service to the students, service to the school, service to the community and service to the profession. The current membership has already sponsored one event, the Dress for Success seminar at the Men’s Wearhouse in Florence, Ky., which was open to all Chase students. The Hoffman chapter is working on a similar type of event for the ladies at a women’s business wear establishment to be conducted in the near future. Members of the Hoffman Chapter of P.A.D. also have participated in community service/fund-raising events such as the Polar Bear Plunge held in Newport in support of Kentucky Special Olympics. Some of our members also assisted the fund-raising efforts of the National Children’s Cancer Foundation by participating in the St. Baldrick’s Day, head-shaving event. Our gallant members were busy collecting sponsors and funds so that on Friday, March 14, they could have their heads completely shaved, in front of many adoring fans and supporters at Jack Quinn’s in Covington. This is just a glimpse of the many great things to come out of the re-activation of the Hoffman Chapter of Phi Alpha Delta at Chase. It is hoped that the fraternal spirit of P.A.D. membership can be revived between current students and Chase alumni. The Hoffman Chapter would be very honored to receive alumni as guest speakers, mentors, and partners in future fund-raising and community service efforts. Anyone interested in joining, please contact either Nick Zingarelli ([email protected]) or Kate Houston ([email protected]) for more information.
spring 2003 21 AROUND THE LAW SCHOOL
Wired for success BY MICHAEL WHITEMAN ASSOCIATE DEAN FOR LAW LIBRARY SERVICES & INFORMATION TECHNOLOGY
Greetings from the Chase College of Law Li- In order to facilitate this rapid networked printers from their laptops. brary. Much has changed, and much growth in the use of technology for This solution is a limited one and so has stayed the same since you last vis- research, the Library has steadily built the library has forged ahead and in- ited. The law library remains at the up its technological infrastructure. Our stalled a wireless network throughout heart of the law school – a place for state-of-the-art Legal Information the library and the classroom areas of students and faculty to research and Technology Lab (LIT) has been up- the Chase College of Law. Now any investigate the law, a place for instruc- graded to include 20 top-of-the-line student or faculty member can access tion and most important of all, a place PCs with an instructor’s station and a the Chase server, the Internet (and all to interact with colleagues. ceiling-mounted projector that allows the databases that the Law Library sub- These are exciting times in the field for live learning experiences. A sepa- scribes to), and network printing from of legal research. Technology is in- rate six-PC LIT Lab annex has been anywhere in the building. If students creasing at a rate faster than at any added to allow for extra access when wish to sit on one of the library’s com- other time in human history. Lawyers the main LIT Lab is full or being used fortable couches or work together in a can see this happening all around for online training. In addition, a more group study room, they no longer need them. Books are disappearing from intimate Learning Center has been cre- to trail wires with them in order to be desktops to be replaced by comput- ated with six PCs and an instructor’s connected to all that the library offers. ers. Desktop computers are being re- station that is used for vendor presen- The Library is, in effect, paving the way placed by laptops and laptops are be- tations and presentations to the faculty to our students’ success on the Infor- ing replaced by PDAs. What’s next? It and is also available for outside groups mation Superhighway. is hard to say for sure, but one thing (such as alumni) who want to get some Technology has not only given our is certain; this rapid change is bring- additional online training. faculty and students greater mobility ing information chaos, and there is an In further support of student and within the school but it has also helped outcry for someone to bring order to faculty research, the library has pur- us connect to a greater amount of le- the glut of resources floating around chased and set up a server on which gal information. The Library has dra- in cyberspace. every faculty member and student has matically increased student and faculty Law librarians and the Law Li- file storage space. Each user can log access to information by subscribing brary have stepped up to the plate on to any computer in the library (or to Hein Online, a full-text database and met this challenge head-on. We the entire school) and access his or her of over 250 premier law journals. know that many attorneys in practice files directly from the server. They can Unlike most online sources, Hein today went through law school be- also print to any one of the library’s Online provides access to the entire fore there were online research ser- networked laser printers located in the run of a journal in rich PDF format. vices, never mind the Internet. At the LIT Lab and the LIT Lab annex. For the user this means that they can same time, a growing number of law- The growing trend among law stu- view and print out articles in a format yers, experienced and novices alike, dents and lawyers is to use laptop com- that looks exactly as if they had the are embracing the new technologies puters. Each year we see an increas- actual print journal in front of them. and incorporating them into their le- ing number of students entering Chase The library also has become a char- gal practices. With this in mind the with laptop computers. To aid them ter member of the LLMC-Digital Chase College of Law Library is con- in their legal studies, the library has project. Over the next five years this tinuing to build a strong collection installed a number of wired carrels will give Chase Library patrons access that incorporates the best of print that allow students with laptops to to over 100,000 volumes of legal ma- with the best of the online world. access the server, the Internet and the terial including federal legislative, ex-
22 chase AROUND THE LAW SCHOOL
metro rate offers tuition savings to chase legacies ecutive and judicial materials (dating Chase College of Law’s history is one of a change of location from its back to the 1800s), state judicial ma- earliest days and its alignment with the YMCA in Cincinnati to its current terials, legal treatises, Native Ameri- home, the campus of Northern Kentucky University. Never before has Chase can and military law sources and a been able to serve its earlier graduates in a way that will benefit future genera- wealth of foreign and international tions of Chase students as it can now. As of this year, Chase now offers a legal materials. Metro Rate, a tuition rate that will save certain students more than $100 per Subscriptions to databases like credit hour. In an effort to recognize the significance of the incredible number Hein Online and LLMC-Digital have of Chase graduates living in areas in Ohio and Indiana, who are now prepar- vastly expanded the holdings of the ing to send their children to Chase, a special rate has been designed to meet library. Chase’s patrons now have ac- the requests of a growing number of alumni. cess to materials equal to that found in even the largest of American legal The new Metro Rate is special due to its availability. It is not one that is research libraries. merit- based but is one that any applicant or student will qualify for whose The library has not focused exclu- permanent residence is in the counties of Adams, Brown, Butler, Clermont, sively on technology to build an ex- Clinton, Fayette, Hamilton, Highland, and Warren in Ohio and Dearborn, cellent research collection. The library Franklin, Jefferson, Ohio, Ripley and Switzerland in Indiana. Associate Dean has continued its tradition of build- of Admissions, Kelly Beers says, “We have close ties and an unusual history ing a strong print collection. Recent with Ohio alumni, and we are a metropolitan school serving other parts of the acquisitions include: a collection of metro area.” 19th and 20th century legal treatises on constitutional law and jurisprudence, Chase has nearly 1,500 graduates living in these areas who may one day be a collection of great American trials sending their children to their alma mater, and Chase wants to acknowledge from the 19th century, and a legisla- the significance of this group and the loyalty of its graduates. To inquire about tive history of the Internal Revenue this new rate, contact Dean Beers in the Admissions Office at (859) 572-5490. acts from the first half of the 20th cen- tury. The library remains committed to providing the College of Law with METRO RATE the best possible collection in what- ever format it appears. Full-Time: These are exciting times for the $7,512 per semester College of Law, and the library is play- ing its part to train new lawyers to go Part-Time: $626 per credit hour out and work in the ever-changing le- gal world. The next time you are at NON-RESIDENT Chase, stop by the library and see what we’re doing. Whether you are just vis- Full-Time: iting or need to conduct some re- $8,904 per semester search, we’d love to help you. The Law Library stands at your service — Part-Time: yesterday, today and beyond. $742 per credit hour
spring 2003 23 ALUMNI NEWS
Board of David A. Schwarte ’79 Service Governors Beverly R. Storm ’80 2002-2003 David C. Stratton ’78 John F. Winkler ’89 honor John W. McNally ’74, President J. Paul Allen ’92, President-Elect Chase College James Frooman ’90, Secretary roll Paige Bendel Ellerman ’99 Foundation Jonathan P. Dameron ’91 Board 2002-2003 Stephanie Dietz ’94 David C. Short, President and Laurie B. Dowell ’88 Treasurer Bill Engel ’98 Jerry R. Jung ’62, Secretary Kelly Farrish ’78 Robert L. Bucciere ’66 Nicholas W. Ferrigno ’95 William M. Cussen ’69 Massimino M. Ionna ’99 W. Roger Fry ’66 Paul E. Jones ’79 Paul Jones ’79 Jennifer L. Lawrence ’96 Raymond E. Lape ’68 Bernard L. McKay ’94 Norbert Nadel ’65 Edward J. McTigue ’78 Elmer Reis ’51 Norton Roberts ’92 Steve C. Schatteman ’82 Stephen J. Schuh ’78 Adam Seibel ’99 Northern Melanie Walls ’97 Tom Wietholter ’86 Kentucky law review 2003 Board of symposium Visitors Sheila Martin Berry- 2002-2003 Author and Founder of the Truth in Mark G. Arnzen Justice Website Stanley M. Chesley Hon. Paul Craig Roberts Wende Morris Cross ’92 Steven A. Drizin-Professor of Law, William M. Cussen ’69 Northwestern University Top: BOARD OF GOVERN0RS DINNER. David L. Hausrath School of Law Michael W. Hawkins Gary L. Wells-Professor of Sylvia Sieve Hendon ’75 Psychology, Iowa State University Bottom: PAUL E. JONES ’79 AND PAIGE ELLERMAN ’99, MEMBERS OF Richard D. Lawrence ’71 Anne Good-Attorney THE BOARD OF GOVERNORS, CONFER Karen A. Goodrow-Assistant Public AFTER DINNER. Michael C. Murray ’89 Patrick A. Nepute Defender, Connecticut Janet L. Oliver ’91 Theodore Ponticelli-Forensic Peter Perlman Polygraphist and Author H. M. Riley ’86 H. Wayne Roberts ’91 Robert E. Sanders Steve C. Schatteman ’82
24 chase ALUMNI NEWS
guest speakers Right: DEAN ST. AMAND PRESENTING Steven Gregory CHASE GIFTS TO DAN MEYER ’67. Gail M.Langendorf Cathy L. Stickels Kelly Schoening phonathon volunteers J. Paul Allen J. David Bender Roger Billings Kathryn Buerger Robert Calabrese (first-year student) Ken Dietz Laurie Dowell Chrissy Dunn (first-year student) Brian Ellerman Paige Ellerman Kelly Farrish James Frooman Lambert Hehl Rene Heinrich Bottom: CHASE COLLEGE FOUNDATION Left to right: STEVE SCHATTEMAN; Mike Keeney ROBERT BUCCIERE; WILLIAM CUSSEN; ROGER FRY; JAMES VOTRUBA, William Knapp PRESIDENT, NKU; DAVID SHORT; ELMER J. R. Linneman REIS; PAUL JONES; AND GERARD ST. AMAND, DEAN; SURROUND MRS. Chris Longwell WILLIAM MORRISSEY, WIDOW OF THE HONORABLE WILLIAM MORRISSEY, A John Lucas MEMBER OF THE CHASE COLLEGE FOUNDATION, AT A RECENT DINNER Ed McTigue MEETING OF THE BOARD. Theresa Mohan John McNally Kerri Nunley Norton Roberts Jeff Raines Fred Schneider Stephen Schuh Philip Schworer Michael Walters Stephanie White (first-year student) Michael Whiteman John Winkler Darren Winslow Beth Zahneis
spring 2003 25 ALUMNI NEWS
career Frank Mungo John J. Fossett development Mike Newman Gary Gregory J. Paul Allen T. Stephen Phillips Douglas Grothaus Richard A. Bernat Stephen L. Richey Mark Guilfoyle Stephen R. Burke Jeffrey S. Rosentiel Clay Hundley Sean Caldwell Kimberly Schmaltz Stephen Jaeger Justin D. Durstock Allison Steiner Karl Kadon Kelly Farrish Karen A. Thomas Joseph Kane James C. Frooman Bernadine C. Topazio KATA Joseph F. Grimme Bernice Walker Bill Kathman Jakki Lynn Haussler William J. Wehr David Kelly Massamino M. Ionna J. Gregory Wehrman Tom Korbee John W. McNally, Jr. Donald C.Wintersheimer Jennifer Lawrence Kristi Nelson Edward Lorenz Richard M. Melson national trial Mark Modlin Darrell D. Payne advocacy team Richard Smith-Monohan Joy Moore Norton B. Roberts Gregory M. Bartlett Nick Nighswander Sara L. Sidebottom Robert Hojnoski NLRB Julia Stautberg Rene Heinrich Northern Kentucky Legal Aid Society Tina Topazio Jason Hennekes Danny Reeves Derek Humfleet Bob Sanders KATA Adjunct Faculty Candy Smith Kentucky District Judges’ Association 2002-2003 Linda Tally Smith Richard D. Lawrence Douglas Stephens Tracey Adams Mark Modlin Karen Thomas Gregory M. Bartlett Ron Parry Dan Tobergte Eliot Bastian Reminger & Reminger Women’s Crisis Center William O. Bertelsman Tad Thomas David D. Black Jay Vaughn Roger N. Braden Management, Kim Brooks clinical Admissions, Laurie B. Dowell Registrar Michael Duncan program Darrell D. Payne Sue Ferrell Mike Allen Tina Topazio John Jay Fossett Keith Bartley Peggy DeJaco Donald F. Frei William Bertelsman Philip Schworer Robert A. Goering, Jr. Barbara Bonar Robert A. Goering, Sr. David Bunning Daniel T. Guidugli Karen Caldwell Robert Hojnoski Jim Callahan Keith W. Johnson Children’s Law Center Donald Mallory Cincinnati Legal Aid Society Henry E. Menninger, Jr. Greg Davis Robert D. Monfort Department of Public Advocacy Garry Edmondson
26 chase ALUMNI NEWS OUTSTANDING ALUMNI AWARDS 2003
SALMON P. CHASE COLLEGE OF LAW ❘ NORTHERN KENTUCKY UNIVERSITY
The Salmon P. Chase College of Law Alumni Association will be recognizing certain individuals who have achieved success in the legal field, and who have made significant contributions benefiting Chase Law School as well as the community at large. While these honors will be presented at a gala in Spring 2004, nominations may be made at any time during the year, but no later than October 1, 2003. Individuals submitting nominations should know that the recommended individuals may be contacted for additional information. A committee appointed by the Board of Governors will review all nominations and select the recipients.
Awards to be Presented: Recent Outstanding Alumni Award This award will be given to an individual who graduated from Chase in or after May 1998 and who has distinguished himself or herself through contributions of outstanding service to the legal profession and the community as a whole. Lifetime Achievement Award This award will be given to any person who has demonstrated a commitment to the legal profession, the community and civic and charitable causes and brings honor to the legal profession. The recipient of this award need not be a graduate of Chase College of Law. Chase Gold Medallion Membership Award This award will be given to any judge or lawyer who has demonstrated his or her dedication to promoting the ideals of Chase College of Law. The recipient of this award must be a graduate of Chase College of Law whose accomplishments have brought honor, recognition and distinction to Chase College of Law.
Nominee Information: NAME: ______ADDRESS: ______
A written statement should accompany this form in support of your nomination. This narrative statement should not exceed two type-written pages.
NOMINATED BY: ______ADDRESS: ______
Please send nominations to: BERNARD L. MCKAY, ESQ. FROST BROWN TODD LLC 201 EAST FIFTH STREET, SUITE 2200 CINCINNATI, OHIO 45202
spring 2003 27 ALUMNI NEWS
class notes
Pictured left to right
LAWRENCE BROKAMP KENNETH J. CREHAN GLENN D. DENTON KAREN MCLAUGHLIN ROBERT J. THUMANN
1966 annual events to gather women Chamber of Commerce. Glenn 2000 C. Houston Ebert ’66 is the from all offices, an informal is currently with Denton & Lisa L. Crogan ’00 is currently Director of the Kentucky mentoring program and Keuler in Paducah, KY. with Milberg Weiss Bershad Lawyer Assistance Program quarterly marketing events Hynes & Lerach LLP in New (KYLAP) with the Kentucky geared toward women. 1996 York, NY. Bar Association in Frankfort, Charles A. Miracle ’96 is KY. 1982 currently a Judge Advocate Saeid Shafizadeh ’00 is a sole Phyllis K. Lonneman ’82 and with the U.S. Marine Corps in practitioner in Louisville, KY. 1975 the Lexington firm Lonneman Washington, D.C. He was selected by the Richard Goodwin ’75 is & Associates were honored by Volunteer Lawyer Program of currently the Hearing Office the Legal Aid Society and the 1997 the Legal Aid Society as an U.S. Administrative Law Judge Lexington Bar Association at Lawrence Brokamp ’97 has Outstanding Volunteer Attorney for the Fresno Office of the 2002 Bench & Bar Dinner become a member of the firm and was one of the recipients of Hearings and Appeals. Dick for committing countless hours Cohen, Todd, Kite & Stanford, that award at the Annual Bench has been a U.S. Administrative of pro-bono work to a variety LLC. He concentrates in the and Bar Dinner of the Louis- Law Judge since 1996. In of cases and clients. areas of taxation, general ville Bar Association. 2002 he retired from the U.S. business, estate planning and Army Judge Advocate General 1993 probate. Lawrence is also an 2001 Corps. Dick retired as a Winston R. Griffin ’93 and his adjunct professor of accounting David A. Ranz ’01 has joined Colonel with more than 31 wife, Shannon, welcomed their for the University of Cincinnati. the law firm of Statman, years of service. He was first child on March 5, 2002. Harris, Siegel & Eyrich as an awarded the Legion of Merit Park Griffin is doing great. George M. Sisk ’97 currently attorney in its litigation and Meritorious Service Medal, Congratulations! serves as Assistant General department, focusing on First Oak Leaf Cluster. Counsel to Illinois Secretary of commercial and general Linda E. Surber-Slayback ’93 State Jesse White, where he litigation. David was previously 1977 has become an associate with practices in the areas of employed with Freund, Freeze Philip J. Blomer ’77 was Weltman, Weinberg & Reis Co. corporate law, administrative & Arnold’s Cincinnati office. appointed court mediator for L.P.A. Linda will be working in law, securities law, legislative the Montgomery County the Foreclosure/Evictions law and government relations. 2002 Common Pleas Court in Department of the Cincinnati Additionally, Sisk serves on a Steve Florian ’02 is currently a Dayton, OH. office. She was previously a number of civic and religious staff attorney with the manager at ATI Title Agency boards of directors, including Lexington Fair Housing Council 1978 of Ohio. the Springfield Jewish in Lexington, KY. Gary Cohen ’78, currently the Federation, Congregation executive vice president, 1994 Temple Israel and the Spring- Aaron Harper ’02 attained a general counsel and secretary Rodney Young ’94 has joined field Branch NAACP, among clerkship with Judge Eugene E. for Finish Line, Inc., was the firm Thompson Hine LLP others. He currently resides in Siler, Jr., U.S. Court of Appeals, appointed to the ACCA/GCCA as a member of the intellectual Springfield, IL. 6th Circuit in November 2002. Board of Directors. property practice group in its Cincinnati office. 1998 Robert J. Thumann ’02 and 1981 Elizabeth Combs-Risner ’98 is Kenneth J. Crehan ’02 are new Karen McLaughlin ’81 is a 1995 currently an attorney with associates with Rendigs, Fry member of Frost Brown Todd’s Glenn D. Denton ’95 has been Feeney & Murray in Nashville, Kiely & Dennis, LLP in innovative Women’s Project named the 2003 chair of the TN. Cincinnati, OH, and will steering committee focusing on board of the Paducah Area practice in the firm’s litigation department.
28 chase ALUMNI NEWS
Chase calendar ERNEST F. MCADAMS, JR. JUne 11 CHASE 2003 RECEPTION chase grad Kentucky Bar speaks at black Association The Seelbach Hilton history event Louisville, Kentucky Chase graduate Ernest F. McAdams, Jr. participated in 5:00-7:00 p.m. NKU’s Black History Month. In a program sponsored by Chase and the Office of Affirmative Action and June 27 GOLF Multicultural Affairs, McAdams, prosecutor for the city 2003 of Cincinnati since 1987, spoke on the role of law in the SCRAMBLE black struggle for social justice and how it inspired his Sponsored by the own choice of a legal career. While at Chase, McAdams Chase Alumni served as the president of the senior class and of the Black Association Law Students Association. McAdams graduated in 1979 Kenton County and began his career as a trial attorney in the Hamilton Golf Course County Public Defender’s office and in private practice. McAdams served as the chairman of the Young Lawyers october 15 Section of the Cincinnati Bar Association in 1985, becom- TALL STACKS ing the first black attorney to hold that position. He is 2003 DINNER also a past president of the Black Lawyers Association of CRUISE Cincinnati. chase grads make ‘Best
spring GALA Lawyers’ list 2004 Sponsored by the These Chase grads were named to the 2003-2004 Chase Alumni edition of The Best Lawyers in America. Fewer than Association than three percent of all attorneys in the country were Presentation of selected for this honor. Congratulations to all. Alumni Awards John W. Eilers ’67 Kevin L. Murphy ’81 Mary J. Healy ’78 Howard L. Richshafer ’75
FOR MORE INFORMATION REGARDING THESE EVENTS, PLEASE CALL THE ALUMNI OFFICE AT (859) 572-6467.
spring 2003 29 ALUMNI NEWS
in MEMORIAM
Jeffrey S. Schwartz passed Wilson L. Brumleve passed Edwin J. Franks passed was in his third year of law away July 16, 2002. He was away November 11, 2002. away December 5, 2002. school at Chase, where he a former assistant prosecu- Wilson, a graduate of Cul- Edwin was a fourth-genera- was on the Dean’s List. He tor and assistant public de- ver Military Academy in In- tion lawyer with Franks & earned a bachelor’s degree fender for Clermont diana and the University of Franks. He graduated from from the University of New County. Jeffrey was born in Cincinnati, graduated from Miami University in 1942 Orleans and a master’s Richmond, VA, and came to Chase in 1939. After a and Chase in 1945. Edwin degree from Wright State the Cincinnati area, gradu- short stay in Little Rock, retired from Franks & University, graduating ating from Xavier Univer- AR, he moved his family to Franks in 1982, after being summa cum laude from sity and from Chase in New York City, where he a 50-year member of the both universities. He had 1976. He worked for began working on espio- Cincinnati Bar Association. planned to become a lawyer Clermont County from nage cases for the FBI dur- He also was a member of and run for public office, 1976 until he began prac- ing WWII. Wilson came the board of directors of according to his wife, ticing privately in 1985 with back to Cincinnati to prac- Provident Bank. Diana. Jim Hunt of Pierce Town- tice law with his father’s ship. firm, Brumleve, DeCamp Harry S. Schwartz passed Dr. Howard Ravenscraft and Wood. He retired to away December 16, 2002. passed away on April 17, William B. Backs passed Florida in 1977. Harry graduated from 2003. He attended Chase’s away September 5, 2002. Chase in 1947. night program. He never Bill worked full time at a gas Carl L. Heck passed away practiced law, but was a station while attending on November 30, 2002. Bernard L. Raverty passed consultant in medical mal- Xavier University in order Born in New Castle, IN, the away on January 6, 2003. practice cases, testifying for for him to attend Chase, U.S.A.F. Veteran of WWII Bernard graduated from plaintiffs or defendants as from which he graduated in and the Korean War gradu- Chase in 1981 and went on he believed the facts war- 1940. While at Chase, he ated from Chase in 1966 to become the executive di- ranted. was the court constable for and began teaching in Cin- rector of the Dayton Bar As- the late Judge Fred cinnati. Carl was a lifetime sociation. Hoffman. He served as a member of the Masonic lawyer for the Veteran’s Ad- Lodge and a member of the S. Todd Trusso passed away ministration after which he Cincinnati School Master’s on February 19, 2003. He practiced independently Bowling Association. was a supervising senior doing right-of-way work for investigator with the U.S. the Cincinnati Gas & Elec- Department of Labor and tric Company.
30 chase
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Planned or deferred gifts to Northern Kentucky University’s Salmon P. Chase College of Law may offer the donor significant tax advantages.
nonprofit organization nonprofit Will Provisions - by providing for Chase College of Law in your will, you can ensure quality educational opportunities for future generations of law students.
Life Income Agreements - cash, appreciated securities, or real estate may be used to establish life income trusts.
Charitable Remainder Annuity Trusts provide the tax advantages of current contributions with the security of fixed, lifetime incomes, generally for the donors and their spouses. The agreed upon annual payments remain unchanged regardless of how the investments perform.
Charitable Remainder Unitrusts are irrevocable trusts that provide a hedge against inflation by adjusting the annual amounts paid to you to the fair market value of the assets in the trusts.
For more information on these planned giving opportunities, please contact:
Nancy Bratton Perry Director of Law School Advancement
sity Salmon P. Chase College of Law Nunn Hall Highland Heights, KY 41099 (859) 572-5276 (859) 572-6183 - fax [email protected]
This publication was prepared by Northern Kentucky University and printed with state funds (KRS 57.375). Northern Kentucky University does not discriminate on the basis of race, color, national origin, sex, disability, age, religion, marital status, sexual orientation or veteran status in training activities or employment. Educational programs or activities are set forth in accordance with Title IX, Title VI, Title VII, ADA and Section 504. For more information, please contact Cheryl Nunez, director, Affirmative Action/Multicultural Affairs (Nunn Drive, Highland Heights, KY 41099, (859) 572–6590), who has been ffice of the dean of ffice designated to coordinate the school's efforts to comply with the aforementioned regulations.
Northern kentucky univer Northern Salmon p. chase college of law of chase college p. Salmon o nunn drive highland heights, KY 41099 heights, highland