TULANE UNIVERSITY LAW SCHOOL TULANE VOL. 22 - NO.2 LAWYERSPRING/SUMMER 2004 THIS ISSUE GOOD SPORTS THE APOLITICAL CLINIC COMMENCEMENT 2004 CONTENTS 20 GOOD SPORTS Despite its big-money contracts, celebrity LAWRENCE PONOROFF athletes, and mega-endorsement deals, the business of sports law is more than simply DEAN “show me the money.” See how several alums handle the nuts and bolts of the job. ANN SALZER ASSISTANT DEAN ELLEN J. BRIERRE DIRECTOR OF ALUMNI AFFAIRS 26 COMMENCEMENT ’04 WINNIE BEUERMAN Graduation day in pictures DIRECTOR OF DEVELOPMENT PAMBY LEVERT BARFIELD ASST. DIRECTOR OF DEVELOPMENT NICK MARINELLO 2 FROM THE DEAN EDITOR 4 BRIEFS H DESIGN CONSULTATION 10 FACULTY NOTEBOOK CONTRIBUTORS 15 PUBLICATIONS & PRESENTATIONS ADAM BABICH 28 CLASS NOTES HUGH DASCHBACH ROBERT FORCE 38 REUNIONS PAM MICHIELS (L ’90) MARY MOUTON (L ’90) 40 TAX TOPICS LIZBETH TURNER (L ’85) On the cover —Tulane lawyers stack the SPRING/SUMMER 2004 deck of the sport law biz. Illustration by Michael Krider. TULANE LAWYER is published by the Tulane Law School and is sent to the school’s alumni, faculty, staff and friends. TULANE LAWYER SEND ADDRESS CHANGES TO: Alumni Development and Information Services, “ ... to be a good sports lawyer, you have to be a good broad-based lawyer. 3439 Prytania St., Ste. 400, New Orleans, LA 70115. You have sports clients, but you are dealing with business enterprises, income tax, antitrust issues, labor law, and intellectual property.” 1 Tulane University is an Affirmative Action/Equal Employment Opportunity institution. FROM THE DEAN GROWTH AND RENEWAL Dean Lawrence Ponoroff with Rose LeBreton (L ’76), chair of the New Orleans alumni chapter, and BY DEAN LAWRENCE PONOROFF Maj. Gen. William K. Suter (L ’62), clerk of the Supreme Court of the United States, at the New Orleans alumni luncheon. Like any other great we will begin operation of two new sum- mer-abroad programs: one in London asso- Babich sets the record straight in a revealing in categories such as reputation, GPA and institution, Tulane Law ciated with Queen Mary College focused article about the Environmental Law Clinic. LSAT scores remains strong. The quality on international business transactions, and Finally, on May 22, we celebrated the Justice Rehnquist, who is teaching in our It’s a little difficult for me to believe that of our student body has risen in recent years School must continually the other in Barbados affiliated with the commencement of the class of 2004 and Cambridge program, for our senior UK and I am now beginning my fourth year as dean and our reputation among peers and pro- University of the West Indies. you’ll see some photos of that special event UK-based alumni. I personally look for- of our law school, but I guess that just fessionals is solid. (Our reputation interna- seek to renew itself in But why wait for the future to report on the pages that follow. ward to even more events next year. proves the old adage of how time flies tionally is exceptional but unfortunately good news? A look through this issue of It is with mixed emotions that I tell you While the challenges ahead are not when you’re having a good time. that isn’t factored in the survey.) Tulane’s order to keep pace with the Lawyer will give you a good indication that, after 32 years of service, distinguished inconsiderable, I can’t help but reflect with There have been many challenges and I drop in rank was due in large part to our of some of the exciting things that are tak- by uncompromising quality in teaching and pride and satisfaction on how far we’ve am pleased with the progress we have scores in graduates employed within nine evolving trends in the ing place right now. research, Professor Luther McDougal has come and how bright the prospects are for enjoyed. As you know, the academic cre- months of graduation and our faculty/stu- The first item bearing mention is the out- retired. The faculty joined together for a us to attain our ambitious goals in the dentials of our student body are the best dent ratio. practice, deliver the standing performance of the Tulane team luncheon in Luther’s honor just before future. I know without a doubt that we they’ve ever been. During the past three It would be a grave mistake to alter fun- in the Willem C. Vis Arbitration finals and presented him with the 21st cen- could not have come as far as we have highest quality educa- years, we have made seven new faculty damentally the unique character of this Competition in Vienna, Austria. The team, tury equivalent of a gold watch, i.e., a lap- without the support and loyalty of so many appointments—all bright, talented and institution just to improve U.S. News rank- tion to our students, and consisting of Allison Caire, Allison Cook, top computer and multifunction printer, so of you, for which we are deeply apprecia- energetic teachers and scholars. Our pro- ings. However, we believe there are a Lorien Golaski, Warren Burns, Anne that Luther can continue to work on his tive. I also know that achieving our aspi- grams are as strong or stronger than number of actions we can take, and plan to look for new ways to Herrmann, and coached by Professors books and other scholarship at the same rations will hinge critically on your con- they’ve ever been and we are enjoying take over the next 12 months, that address Martin Davies and Lloyd Bonfield, made it time that he and Mary Anne make the most tinuing support and assistance, but I am as unprecedented levels of alumni involve- these issues and are consistent with our build on the strength of to the final eight among a field of nearly of his new-found free time. confident as ever that our alumni will be ment and support. strategic goals. 140 teams from more than 30 countries On the external relations front, looking there for us as they have always been in the So there is much to be proud of. And yet, Like any other great institution, Tulane our extraordinary repu- around the world. They all deserve our back at the 2003-04 year, we sponsored 52 past. I hope you enjoy this issue of the SPRING/SUMMER 2004 amidst all these positives, we were very Law School must continually seek to congratulations. In April, David Boies, events for alumni and friends in New Lawyer, which features a number of high- surprised and disappointed to see a drop in renew itself in order to keep pace with tation in international most recently of Bush v. Gore fame, deliv- Orleans and 14 other cities. They ranged ly successful sports lawyers who have ben- our U.S. News ranking to 56th. You might evolving trends in the practice, deliver the ered the inaugural Gauthier Lecture on from reunions and receptions, to faculty efitted from our Sports Law program that fairly question how this could occur at a highest quality education to our students, and comparative law. Trial Advocacy to a packed house. The title presentations, to send-off parties for continues to grow in stature under Dean SPRING/SUMMER 2004 time when, based on every metric that mat- and look for new ways to build on the of his thought-provoking talk was “The incoming students from the New York, Gary Roberts’ strong leadership. ters, the school is healthier, more vibrant strength of our extraordinary reputation in Rule of Law and Its Limitations.” D.C., Houston and Baton Rouge/Acadiana As always, if there are ways in which the TULANE LAWYER than ever. Other rankings (albeit less pub- international and comparative law. I can Our faculty continues to be remarkably areas. We also hosted our first annual New Law School or I can be of service to you, I lic rankings) that focus on qualitative rather assure you that this is something we are On the graduate level, this coming aca- productive and engaged professionally— Orleans alumni lunch where our distin- hope you won’t hesitate to let us know. I than quantitative factors place Tulane doing. On the JD level, we have added sev- demic year we will launch two new pro- as you can see by just a quick perusal of guished graduate, Maj. Gen. William K. look forward to seeing many of you in the TULANE LAWYER much higher. eral upper-level applied and skills-oriented grams: an LLM in American business law the “Faculty Publications and Suter, clerk of the Supreme Court of the next year and to continuing our partnership A close examination of the U.S. News courses and introduced a rigorous upper- and the first PhD program in law in the Presentations” section of the Lawyer. And United States, was the featured speaker. In to make Tulane Law School the best that it 2 numbers shows that Tulane’s performance level writing requirement for all students. country. On the international front, in 2005, in “Faculty Notebook,” Professor Adam July, I will host a dinner honoring Chief can be. Have a wonderful summer. 3 BRIEFS BOIES DELIVERS GAUTHIER LECTURE Never mind the fact that a jury in New York was still out, deliberating the fate of his client’s multibillion dollar, high- profile insurance coverage dispute. Or that he owed his publisher another chap- ter in the book he’s writing. Attorney KRAMER, UNVEILED David Boies still managed to find time to deliver the inaugural Wendell H. David Boies with Anne THE FORMER DEAN GETS HIS DUE Gauthier Lecture at Tulane Law School.