<<

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 2004 SPRING/SUMMER 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, , LA 70115. You have sports clients, but you are dealing with business enterprises, income tax, antitrust issues, labor law, and intellectual property.” 1 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 2004 SPRING/SUMMER 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 , 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., 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. Gauthier at the Wendell H. All in a day’s work for Boies, the lawyer Gauthier Lecture, during best known as former Vice President Al which Boies shared his Gore’s lead counsel during the recount of views on how to reform the the vote in the 2000 presidential justice system. Sandra and John race. He spoke eloquently on “The Rule Kramer stand of Law and its Limitations,” outlining beside the newly several reforms he says are needed to THE IMPEACHMENT unveiled portrait, make the justice system more effective. OF THOMAS along with Dean Boies has family ties to Tulane. JEFFERSON Lawrence Ponoroff Daughter Caryl (L’87) and son Jonathan They didn’t wear frock coats or arrive ence to concede that Jefferson exceeded and artist Jason (L’97) both graduated from Tulane Law on horseback, but student members of his treaty power by undertaking the Bouldin. School. He flew in the afternoon of April Tulane’s American Inns of Court chap- Purchase, unfairly favored the new terri- 21, delivered the lecture, attended a dinner ter managed to evoke a real sense of tory with regard to import tariffs, and with the Gauthier family, several law American history during their most committed treason by grossly exceeding school faculty and alums, then boarded a recent event, held on March 1 at the his authority as president. President It was a night of heartfelt sentiment political journalist; and Robert the Kramer years, Dean Kramer’s sons, private plane back to New York that night. Law School. The program depicted the Jefferson was, however, ably defended and waggish merriment, an evening that Greenstein, executive director of the Andrew and Gladstone, and portrait artist In his lecture, Boies noted that sky- hypothetical impeachment of Thomas and, after several probing questions hit the appropriate tone in honoring for- Center on Budget and Policy Priorities. Jason Bouldin. Perhaps the most rocketing litigation costs impede the Jefferson for alleged “high crimes and from the assembled “senators,” the mer law school dean John Kramer. Local dignitaries included former poignant moment of the evening came quality of justice when opposing parties misdemeanors” stemming from the pur- impeachment was defeated. Bennett and The event was the unveiling of Dean Congresswoman and U.S. from alumnus Roderick West, who have vastly different resources. If either chase of the Louisiana Territory. Sourgens, members of Tulane’s Phillip Kramer’s portrait, which will take its Ambassador to the Vatican Lindy looked the former dean straight in the party has a disproportionate war chest to “It just seemed topical, with the C. Jessup Moot Court team, were fresh place of distinction in Weinmann Hall Boggs and Ambassador and Mrs. eye while sharing with the audience litigate, he says, it gives them an in- recent anniversary of the Louisiana from their impressive showing at the along with the portraits of his predeces- John Weinmann. how he and his fellow minority class- creased advantage and “degrades the Purchase,” said A. Brooke Bennett, sec- Jessup regional competition, where both sors. Dean Kramer has remained on Dean Lawrence Ponoroff set the tone mates benefited from Dean Kramer’s quality of the justice system.” ond-year law student and a participant placed in the category of “Best Oralist” the faculty since stepping down as for the evening with an opening address tenacious demand that social justice be The remedy, Boise suggests, comes in the program. Bennett, along with fel- – Sourgens was first overall, and dean in 1996. that acknowledged Dean Kramer’s incorporated in all facets of the school, down to each attorney as an individual. low law students Kevin Norman and Bennett was fourth overall. The unveiling, which took place on accomplishments, which included noth- including curriculum, student admission “As a profession, we want to have stan- Frederic Gilles Sourgens, played the The American Inns of Court are

March 5, drew an overflow crowd to the ing less than transforming Tulane from a and faculty hiring. dards that don’t rely on people getting roles of “house impeachment man- loosely modeled after the apprenticeship 2004 SPRING/SUMMER spacious lecture room on the first floor. primarily regional law school into a When his time to speak arrived, Dean caught. I think if we really want to aspire agers,” making the case for impeach- system of the British Inns of Court. On hand were law alums, law school nationally recognized and respected Kramer opened by mischievously clari- to the rule of law what we all have to do ment, while Phyllis E. Glazer and Participation is voluntary, and brings faculty and staff, current students, and a institution. He spiced his remarks with fying the exact verbiage of his bawdy is discipline ourselves and discipline Heather Matthews, also law students, together judges, lawyers and law stu- who’s-who registry of friends. allusions to Dean Kramer’s well-known orientation presentation (you’d remem- each other in terms of the extent we will played the role of White House counsel. dents in a collegial atmosphere to foster Organized with the help of Dean tendency to agitate the status quo. Also, ber it if you’d heard it) and then gener- go in advocacy. That’s very hard.” Hon. Stanwood R. Duval Jr., United legal skills, professionalism, civility and SPRING/SUMMER 2004 Kramer’s wife, Sandra, the event’s guest he noted Dean Kramer’s infamous ously devoted most of his remarks to the Boies was relaxed yet deliberate in his States District Judge for the Eastern the highest standards of ethical conduct. TULANE LAWYER list included out-of-town guests such as orientation speech and cited a former accomplishments of his wife. hour-long speech. “Our own interests are District of Louisiana, presided in the There are 16 Inns in Louisiana, many Ambassador Tom Foley, former speaker student’s simile that listening to a lecture After the unveiling, the audience was at stake,” he urged. “We are all terribly role of Chief Justice John Marshall, affiliated with law schools and local bar of the House of Representatives; Ken by Kramer is like trying to take a sip treated to a sumptuous reception that, in competitive people. We wouldn’t be trial and the audience acted as members of associations. The Inns typically meet

TULANE LAWYER Bode, a journalist who has worked for from a gushing fire hydrant. the words of Dean Ponoroff, would be a lawyers if we weren’t competitive. We the Senate. about once a month, giving members the NBC, CNN and National Public Radio; The audience also heard remarks from banquet of Krameresque proportions. want to win.” The house managers made a spirited opportunity to participate in programs 4 Curtis Wilke, a nationally acclaimed Gary Roberts, who was vice dean during Everyone knew what he meant. And he did. A week later, the jury case for impeachment, with accom- and discussions on practice issues as 5 came back with a favorable verdict. plished orator Sourgens urging the audi- well as to socialize. BRIEFS

A SON’S TRIBUTE Sitting in his home office, retired Orleans Parish District Attorney Harry Connick Sr. (L’61) is surrounded by photographs, campaign posters and MOOT COURT TEAM memorabilia that chronicle his 30 years VISITS VIENNA FOR as New Orleans’ top prosecutor. VIS COMPETITION Public service has been a way of life Tulane Law School students have a long for the prominent attorney who graduat- and illustrious history in moot court The moot court team, from ed from Tulane Law School with his competitions across the United States, left to right: Allison Cook, wife, the late Anita Connick (L’65). Left: Judge Anita performing with distinction and fre- Allison Caire Aucoin, Anne Both went on to successful careers in the Connick swears in quently bringing home awards. For the Herrmann, Warren Burns public sector. Anita Connick became a husband Harry as past several years, a group of students (in the back), Lorien First City Court Judge in Orleans Parish, New Orleans district from the law school has represented Golaski, and Professor one of the first female judges in the city, attorney in 1979. Tulane even farther afield, traveling to Martin Davies. before losing a battle with cancer in Far left: The Connicks Vienna, Austria for the Willem C. Vis 1981. Harry Connick retired last year. at home, with Suzanna Moot Court Competition in international Their lifetime devotion to public and Harry Jr. commercial arbitration. service was one of the reasons their This year’s competition, the 11th year The hectic schedule of the competi- white-collar defense work she sees in son, musician, singer, composer, of the “Vis Moot,” was held in Vienna tion left little time for sightseeing. The her practice, Elwyn devotes a great deal actor, and three-time Grammy award he met Anita Livingston who was pursu- Parish District Attorney, a public service from April 2 to 8. Tulane’s team joined a teams first competed in a general round, of time to work at the United Nations. winner Harry Connick Jr. established a ing a lifelong love of travel. After a brief career that began in 1973 with the defeat field of 135 teams from law schools rep- in which Tulane met teams from Brazil, And in the fall, she begins an LLM pro- scholarship fund at Tulane Law School courtship, they married in Tangiers and of the late Jim Garrison (L ’49). During resenting 42 countries. The students on China, Latvia and Germany. At the end gram in international trade at Fordham in their names. the young couple savored their Connick’s tenure as district attorney, the this year’s team were Warren Burns of those rounds, the top 32 teams moved Law School. “My experiences through “My parents devoted their lives to Mediterranean lifestyle, taking frequent office became nationally praised for its (3L), Allison Cook (2L), Lorien Golaski on to the elimination rounds, and Tulane the Vis, the people I’ve met, the advoca- public service which, in my opinion, is trips to Spain. Harry studied bull fight- honest and efficient approach to screen- (2L) and Anne Herrmann (LLM). Third- was in that number. In the Round of 32, cy skills and the experience of working one of the most honorable callings one ing and ran with the bulls in Pamplona. ing cases, the theory being that year law student Allison Caire coached Tulane defeated the University of with different laws, have really helped can have as a profession,” Harry They eventually returned to New Connick’s stricter screening policies the team. Joining them were two Tulane Singapore, the 2002 winner of the Vis me. The Vis experience gave me confi- Connick Jr. explained. “By making this Orleans and went into business, opening resulted in fewer plea bargains and more alumni who acted as arbitrators, Melissa Moot. Tulane then advanced to the dence that this is what I want to do.” gift to Tulane Law School, I’m able to a successful record store. The ambitious “as charged” convictions. These prac- Elwyn (L ’03) and Christian Alberti Round of 16, where the team met McGill Professor Elizabeth Calderon also honor my parents and at the same time couple was intrigued by the law and tices gained national recognition in the (LLM ’02). University from Canada. Tulane won traveled to Vienna to host an alumni pave the way for law students to pursue decided to pursue their JD degrees. They October 2002 Stanford Law Review arti- The Tulane team began their work last again, and the team moved on to the event and meet LLM alumni and poten- careers in the public sector.” took turns. Harry went to law school cle, “The Screening/Plea Bargaining fall, preparing briefs and practicing for quarterfinals, where it met the University tial future LLMs. She attended the team’s “I know Anita would share my feeling first,while Anita minded the store. She Trade Off.” A fitting honor for Connick, oral argument with the help of Professors of Frieburg. Although the team was arguments and practices while in Vienna. that a scholarship fund for law students then earned her law degree, graduating who did not seek re-election in 2002. Lloyd Bonfield and Martin Davies. A defeated in the Round of 8, its showing The Vis Moot team took a break from who want to pursue public service was from Tulane four years later. It was Today, Harry Connick and wife Londa stated goal of the Vis Moot is to “foster was impressive, given the breadth and competition to attend a dinner for law long overdue,” added Harry Sr. “Anita during law school that the Connick’s are enjoying retirement in New Orleans the study of international commercial excellence of the competition. Warren school alumni in Vienna. Held on April devoted so much of her life to making first child, Suzanna, was born. The and spending time with their four grand- law and arbitration for resolving interna- Burns was awarded an honorable men- 5, the event was held at a “heuringen,” a the judicial system better and some of Connicks partnered in business yet children. Son Harry and daughter tional business disputes,” so the problem tion in the Best Oralist category. traditional Viennese restaurant serving the best judges today begin their careers again, opening Connick and Connick, Suzanna continue the Connick tradition

for each competition is framed as the Alumna Melissa Elwyn has participat- local cuisine and regional wines. Almost in the public sector. I know from experi- a private law practice. of outstanding achievement. Harry Jr. is 2004 SPRING/SUMMER arbitration of a transaction for the sale or ed in Tulane’s Vis team in every capaci- 20 people attended altogether, reports ence—many judges on the bench here in In 1979, Anita Connick ran to fill an one of the world’s most acclaimed per- purchase of goods under the United ty—she started out as the team’s Horst Lukanec (LLM ’99), who organ- New Orleans worked in my office as unexpired term on the First City Court formers and Suzanna recently graduated Nations Convention on Contracts for the briefwriter as a 2L, then assumed the ized the event. Lukanec notes that this assistant district attorneys where they in New Orleans. At the time, Louisiana from Louisiana State University School International Sale of Goods. This year’s role of student coach the next year. This was an excellent turnout, since there are gained experience and a fuller under- was nationally criticized for not yet rati- of Medicine, after obtaining two nursing problem concerned conformity of goods year she returned to the Vis as an arbi- about a dozen Tulane Law School alums standing of the workings and meaning fying the Equal Rights Amendment, yet degrees from the University of . SPRING/SUMMER 2004 to the contract terms and fundamental trator—and a cheerleader for the Tulane in Austria. Lukanec is in regular contact of the criminal justice system. Those gender was no obstacle for Anita, who, Meanwhile, Harry Sr. devotes more time TULANE LAWYER breach of the contract. Typically, each team. Although she came to law school with a couple of Tulanians who practice are some of the key attributes of a according to the Times-Picayune, to his second career as a talented singer year’s problem also poses a procedural with an interest in international law, the law with him at the Binder Grosswang great judge.” “swamped her four male opponents.” and band leader, performing regularly arbitration issue, and this year’s revolved Vis experience was something she came firm in Vienna. Lukanec’s colleagues Harry Connick had just finished a Anita sought re-election while undergo- with the Nelson Riddle Orchestra—a gig

TULANE LAWYER around the posting of security for legal upon almost by accident. Yet, she says, Thomas Schirmer and Hellmut stint in the U.S. Navy when he joined ing chemotherapy for treatment of that plays well with Anita Connick’s costs of arbitration and the confidentiali- “it ended up being my most important Buchroithner completed Tulane’s LLM the U.S. Army Corps of Engineers, a job leukemia. She died a year later. favorite saying, “the best way to proceed 6 ty of the arbitration proceedings. experience at Tulane.” In addition to the program in 1993 and 1999, respectively. that took him to Morocco. It was there Harry spent 29 years as the Orleans is to start at the top.” 7 For me, Luther’s retirement will be BRIEFS especially difficult. For almost 30 years we have been suitemates with offices across from one another first in Jones ON THE RETIREMENT Hall and now in Weinmann Hall. He has OF MY COLLEAGUE, been a constant supporter and sage advi- LUTHER L. sor. His sense of humor, his availability

MCDOUGAL III Professor to discuss difficult issues of law and his Luther McDougal general affability have made Tulane a BY ROBERT FORCE better place for me. We will all miss him, Niels F. Johnsen Professor of Maritime but I, perhaps, a little more than most. Law and co-director, Tulane Maritime ment as W.R. Irby Professor of Law, a some people who are boastful self-pro- I close with a story that tells a lot Law Center chair he has held since 1981. moters, others with overly inflated egos, about my colleague Luther. When he The paper record reflects that he has and some enthralled with their own was hired as a faculty member by Ole (Editor’s note: We are deeply sorry to authored or co-authored eight books, 19 voices. Some people have no sense of Miss Law School, his job description Dean Lawrence Ponoroff, have to report that Luther McDougal law review articles, and seven miscella- honor. Some people have no sense of included serving as the director of the with John Barrett, chair passed away in June, only weeks after neous publications, including book institutional commitment. Some people North Mississippi Rural Legal Services of the board of regents, teaching his final class for Tulane. reviews and a major piece of Louisiana can’t make difficult decisions. For some Clinic, a clinic operated by the law American College of Professor Force wrote this tribute when legislation on local government law. We people, expediency always trumps school. The law school had received fed- Bankruptcy. Professor McDougal was still alive and conclude that he is a scholar, a hard integrity. Some people are cruelly judg- eral funds to provide legal services to well, and looking forward to retirement. worker, and consistent in his productivity. mental, and some people are so wrapped people who could not afford them. The We think it stands as a fitting memorial In his long career Luther has taught: up in their own projects that they never office was staffed by several full-time to a man so well loved by his colleagues Oil and Gas, Conflict of Laws, Land- have time to help others. lawyers. The clinic filed suit to desegre- and students.) Use Planning, Introduction to Common Not a single one of those character gate the schools in Lafayette County, PONOROFF HONORED Law Property, International Commercial flaws applies to Luther. In fact, he has Miss., which included Oxford, the home Dean Lawrence Ponoroff was inducted The American College of Bankruptcy A person’s resume, or curriculum vitae, Arbitration, Civil Procedure, Land just the opposite traits. of Old Miss. Those were the days of the as a Fellow into the prestigious Amer- was formed to honor and recognize as we academics prefer to call it, can tell Finance, International Law, Trusts and Luther McDougal has been a stalwart Civil Rights struggle, and various state ican College of Bankruptcy. The honor bankruptcy professionals who have dis- us a lot about a person. But as we all Estates, Insurance, Debtor and Creditor of the Tulane Law School faculty for the officials and legislators were displeased. recognizes Dean Ponoroff’s many years tinguished themselves in the practice of know, it never tells the full story. Luther Rights and Constitutional Law. past 30 years. He is a leader—the As a result the law school terminated its of practice in the area of bankruptcy law their profession and through their efforts McDougal’s paper record is no excep- He has served on every major law strong, silent type, speaking only when relationship with the clinic and sent ter- and his many contributions to the law of to enhance the insolvency and bankrupt- tion to the general rule. It tells us that he school committee and, at some point, as he has something to say and only when mination letters to the lawyers. When bankruptcy and insolvency since enter- cy process. earned his BA and LLB degrees from chair of virtually every one. He never something needs to be said. His judg- Luther was informed that he, too, was ing legal academia. The College utilizes the talents and the University of Mississippi. Upon shirked from a committee assignment; ment and opinions are respected by his terminated, he responded: “You can’t The American College of Bankrupt- resources of the Fellows for projects that graduation from law school, he was he never asked for relief from adminis- colleagues. When Luther speaks, his col- fire me, I have tenure. What do you cy’s Class of 2004, the fifteenth class promote the highest quality of bankrupt- admitted to practice in the State of trative duties to meet publication dead- leagues listen. We know that he is a man want me to teach?” He was correct—the admitted to the College, was inducted in cy practice, including pro bono bank- Mississippi and engaged in private prac- lines. Furthermore, for the past 13 years of honor, integrity, high standards and law school could not and did not fire the Great Hall of the United States ruptcy projects, education programs at tice in Tupelo for several years. he has directed the Tulane Summer common sense. With Luther’s plain him. Thus, a great career in academia Supreme Court in , D.C., law schools and the establishment of the Unfortunately, Elvis was not one of his Program in Cambridge, England. His speaking, we know where he is coming was launched. on March 18. National Bankruptcy Archives. clients. In 1965 he joined the faculty at excellence as a teacher is evidenced by from. There is no hidden agenda. There University of Mississippi Law School. his receiving the Felix Frankfurter is no “what’s in it for me.” Luther also He promptly was granted a leave of Distinguished Teaching Award and the understands the meaning and importance HEADLINERS absence to attend Yale Law School as a SBA Best Professor Award. His excel- of institutional commitment. Even as “Crazy…The labor exemption is just about as clear as can constitutional battle related to varying state laws governing same Sterling Fellow and was awarded an lence as a scholar is evidenced by his one of the most senior faculty, he agrees be on this point.” —Professor Gary Roberts’ reaction to a fed- sex marriage, in the February 16, 2004, issue of USA Today.

LLM degree in 1966. In 1970, he left designation as the first annual C.J. to teach where he is needed. He has eral judge’s ruling that NFL rules restricting younger players 2004 SPRING/SUMMER Ole Miss and became a member of the Morrow Research Professor. Also, he is been courteous and collegial to his col- from entering the draft violated antitrust laws in the February 6, “And this business of the management of the household-can law faculty at the University of Arizona. a member of the prestigious American leagues and has set an excellent example 2004 edition of the New York Times. you get a court order requiring someone to take out the The Tulane Law School faculty had the Law Institute. for all to follow. At one point in our his- garbage?” —Professor Jeanne Carriere quoted in an April good judgment to lure him back to the With the exception of the details, that tory there was some concern that the “Its primary purpose is to provide access to the courts for Associated Press article about proposed Louisiana legislation South, and he joined our faculty as pro- is the paper record. Does it accurately senior faculty was not being sensitive individuals who have a claim that is relatively small, so that would tighten “covenant marriage” laws by writing into SPRING/SUMMER 2004 fessor of law in 1974. For the past 30 portray the man? Yes, to the extent it and supportive of the junior faculty, and small that it is not economically feasible for them to hire an the law that spouses “owe each other love and respect.” TULANE LAWYER years, he has served continuously on the reveals his commitment to scholarship, Luther was asked to head a small group attorney.” —Former dean Edward Sherman explaining the use Tulane Law School faculty except for a his accomplishments as a teacher and his to narrow the gulf. “Luther’s List” of class actions in the March 8, 2004 edition of the “This was a response to the two large spills—one from a visit to the University of Hawaii Law broad background in law. But like all became a byword and part of the process Tribune. ship called the Erika, off the coast of Brittany, and the other

TULANE LAWYER School in 1978. His academic achieve- paper records, it doesn’t tell the whole whereby he personally advised non- called the Prestige, off the coast of northern Spain.” ments and contributions to the law story. It simply doesn’t do Luther jus- tenured faculty how to get published in “Clearly once you add the word ‘marriage,’ instead of civil —Professor Martin Davies, explaining to Earth Watch Radio 8 school were recognized by his appoint- tice. In our experiences we all have met the best law review possible. union, you get a crisp, clear challenge to the full faith and Network why the European Union imposed strict rules on the 9 credit issue.” —Professor David Gelfand on the looming age and condition of tankers in European waters. FACULTY NOTEBOOK

THE APOLITICAL CLINIC BY ADAM BABICH

An associate professor at Tulane Law Not so many years ago, controversy behalf of regulated companies, govern- School, Adam Babich directs the Tulane about the Tulane Environmental Law ment, or non-profits—believe in envi- Environmental Law Clinic. Before join- Clinic was front-page news. At the time, ronmental protection. And by making

ing Tulane, Babich was a Chicago-based I was in a private law practice far from legal expertise available on environmen- Justice Pascal litigator whose practice emphasized Louisiana and did not pay close atten- tal issues to people who could not other- Calogero swears in environmental and insurance-related tion. But as the clinic’s director since wise afford it, the clinic helps improve student attorneys. disputes. He also has served as an May 2000, I find those events still shape the regulatory system and, thus, advance environmental enforcement lawyer for many people’s perceptions about the environmental protection. But questions the attorney general, adjunct clinic—both positively and negatively. about how to balance environmental attorney for the Environmental Defense Some approach the clinic as if it were protection with other goals, or how to tal protection—to the extent these issues viewpoints to advance, and students moral guidance. Also, because the clinic Fund, editor-in-chief of the part of an environmentalist crusade to protect the environment in any specific are on their radar at all—are probably all would have a similar educational experi- exposes its students to real-world envi- Environmental Law Reporter, and stop economic growth. Others believe situation, raise issues of policy. And over the map. ence of learning by doing. Most of our ronmental disputes, the clinical experi- judicial law clerk for the Colorado that the clinic’s crusade is to protect clients, not clinic lawyers or student There are, however, a few things our students, however, are headed for ence helps students develop and refine Supreme Court. He has taught at Louisiana residents’ health and welfare. attorneys, decide policy issues. The constituents do agree about. Those areas employment with organizations that put their philosophies more effectively than Georgetown University Law Center, The clinic, however, is not on a cru- clinic’s mission is therefore best of agreement encompass things funda- a premium on representing clients, could any professorial force-feeding of American University and the University sade at all. Its real mission is more mun- expressed as one of training students, mental to our training as professionals rather than their lawyers’ views. For “progressive” ideas. of . He received his JD from Yale dane, if not by much. Every year, the and making the legal system accessible and our shared values as members of the this reason, an apolitical clinic offers In addition, to put it bluntly, the apo- Law School in 1983. He can be reached clinic’s attorneys and staff have the priv- to all, rather than in terms of substantive bar. As lawyers, we all agree that law an experience that is arguably more litical model appeals to my own biases. at [email protected]. ilege of helping 26 third-year law stu- objectives. As lawyers and student attor- students should be trained to be strong, relevant to most Tulane law students’ My training is as an advocate, not as an dents find their voices as advocates neys, we focus on developing and ethical advocates. Further, a basic tenet future careers. activist or policy expert. I am as full of under the stressful— but exhilarating— implementing legal strategies to achieve of our profession is that access to the There is a flip side, however, to the opinions as the next person, but the dis- conditions of complex litigation. And our clients’ lawful goals—not on select- courts should not be rationed on the fact that most clinic students go on to cipline of my chosen profession is to along the way, the clinic serves the larg- ing those goals.2 basis of ability to pay or viewpoint. And work for law firms or government after empower clients to set their own objec- er community by helping Louisiana Why not make policy decisions? The finally, it is a fundamental principle of graduation. This means that, other than tives and then figure out how to accom- lawyers meet their obligation to ensure short answer is that our clients are fully our legal system that nobody is above pro bono work, the clinic may provide plish those objectives, within the law, as

that access to the courts on environmen- capable of making their own decisions. the law. These are the principles that many students with their only exposure efficiently and reliably as possible. Like 2004 SPRING/SUMMER tal issues is not denied to “people who And aside from our clients, on whose animate an apolitical clinic. to public interest litigation. It might be many lawyers with a background in pri- are unable to afford legal services, or behalf would we make policy? Every An apolitical clinic is not, of course, fairly argued, therefore, that we should vate practice, my view is that advocates whose cause is controversial or the sub- organization, of course, has constituents. the only possible model. One could run run a “progressive” clinic to sensitize can best serve their clients by maintain- ject of popular disapproval.”1 For organizations built around specific an environmental clinic more along the those students to the importance of envi- ing a professional objectivity about the It may seem odd for an environmental issues—such as environmental protec- lines of a public-interest law firm such ronmental protection before economic underlying dispute. A core of objectivity SPRING/SUMMER 2004 law clinic to deny that its purpose is to tion—those constituents’ shared interests as Earthjustice or Defenders of Property forces shape them into apologists for the helps lawyers find the flexibility to TULANE LAWYER protect health and welfare. But as a pro- can provide a specific policy-making Rights—organizations that make no status quo. Law students, however, are explore settlement possibilities, foster gram of Tulane Law School, our job is agenda. Tulane Law School, however, bones about advancing specific agendas. generally fully formed adults. They look collegial relationships with opposing to train environmental lawyers, not envi- has a constituency as diverse as the legal The director of such a clinic could fairly to law professors to help them develop counsel, and give clients advice that

TULANE LAWYER ronmentalists. Granted, most profession- profession itself. The views of Law invoke academic freedom to justify their legal knowledge, professionalism, reflects the risks, as well as the potential als who devote their careers to environ- School alumni and supporters about how whatever value judgments were implicit and appreciation of legal ethics—but not benefits, of particular positions. This is 10 mental issues—whether working on to reconcile commerce and environmen- in that director’s choice of political necessarily for political, philosophical or not to say that lawyers do not believe in 11 FACULTY NOTEBOOK

permits. And it cannot be denied that public participation in the regulatory process, like the democratic safeguards Student attorneys and staff of in our political system, sometimes can the 2003-04 Environmental Clinic clients announce cause delay. For this reason, legal schol- Law Clinic. an effort to reform ars and politicians have long debated Louisiana’s Clean and experimented with reforms to Water Act program. streamline legal processes without sacri- ficing fairness. But denying justice to before coming to Louisiana, my selec- stituents agreed with every one of our court vacated EPA’s approval of a state people who cannot afford lawyers, or tion of an approach was necessarily clients’ positions. A major advantage plan to allow increased air emissions of their clients’ positions. Although suc- In 1991, Tulane Lawyer published an whose views are controversial, would influenced by the voices—some well- of the apolitical model is that the more volatile organic compounds (many of cessful advocates preserve their ability impolitic, albeit ironic, statement that not be a responsible way to speed things informed, some perhaps less so—of fully people understand the clinic, the which can cause cancer) in return for to see both sides of disputes, they also the clinic had hired a staff member “to up. Although most lawyers and clients Tulane Law School’s constituents. less controversial it becomes—without reductions in less dangerous nitrogen develop and refine theories of their cases commit barratry,” i.e., to stir up litiga- would like to see disputes resolved more Moreover, I knew the clinic would be becoming any less effective on behalf oxides. The 19th Judicial District vacat- that they can present with conviction. tion. In 1962, “barratry” was how South efficiently, the U.S. legal system remains under scrutiny and one of my goals in of clients. ed a state decision that gave the go- But why should you believe me when Carolina Senator Olin Johnston the envy of other nations. By emphasiz- developing an approach has been to Over the last year, the clinic has won ahead for destruction of wetlands with- I say the clinic has no political agenda? described Thurgood Marshall’s efforts to ing the rule of law, the system preserves make the clinic as widely respected as important victories for its clients. For out a full assessment of effects on flood- Anyone who has ever taught a class help African-Americans defend their a balance between vibrant economic practical, regardless of whether our con- example, in a Fifth Circuit case, the ing and water quality. And the Eastern knows how attuned students are to civil rights.3 The next year, the Supreme activity, strong health and safety stan- District of Louisiana confirmed that fed- hypocrisy. It rarely escapes students’ Court found that Virginia’s barratry law dards, and individual rights. Whatever eral hazardous waste law can provide a notice when teachers fall short of their imposed unlawful restraints on advoca- the legal system’s faults, clinic lawyers remedy for citizens concerned about the own standards. It would be madness for cy.4 Some critics of the clinic tout the and student attorneys take their obliga- Army Corps’ plans to dredge and dis- me to tell the world that Tulane Law 1991 Tulane Lawyer article as a confes- tion seriously to make it work as effi- As lawyers, we all agree that law students should pose of contaminated sediments in the School was running a 26 law-student sion of wrongdoing. But that interpreta- ciently as possible for their clients. Lake Pontchartrain eco-system. clinic along the lines of a professional tion is belied by the same article, which Some readers might ask whether In light of the clinic’s record of suc- law firm while trying to secretly run an quotes a clinic spokesperson as follows: political pressure has played a role in be trained to be strong, ethical advocates. Further, cess, one might fairly ask how the clin-

environmentalist political advocacy “There’s no need for me to seek out my decision to leave environmentalism ic—no matter how apolitical—can hope 2004 SPRING/SUMMER group. Those 26 law students would cases . . . they come to us.” So regard- out of the clinic’s curriculum. First, a basic tenet of our profession is that access to to avoid controversy. We can point to the notice! This does not mean, by the way, less of whether the term “barratry” is aside from a shared expectation of an credit the clinic brings to Tulane that I never express a political or policy used to compare the clinic to the heroes ethical, professional and pedagogically University and the State of Louisiana as opinion in front of a student attorney. of the civil rights movement or to sug- sound approach, neither Tulane Law the courts should not be rationed on the basis of part of a top-five ranked environmental My policy opinions may be largely irrel- gest that the clinic somehow stirs up liti- School nor university administrators law program. But ultimately, we are SPRING/SUMMER 2004 evant to my role as an educator, but I gation, it misses the mark. The clinic has have pressured me to run the clinic one counting on people to remember and TULANE LAWYER ability to pay or viewpoint. And finally, it is a interact with my students as adults—I do never engaged in barratry and does not way or another. But if the question were appreciate how the American legal sys- not walk on eggs in their presence. The solicit clients. cast as whether feedback from alumni, tem works. It operates from the premise key to running an apolitical clinic does Some people have expressed the con- the business and legal communities, and fundamental principle of our legal system that that when all sides to a dispute are well

TULANE LAWYER not lie in having no opinions, but in cern that providing legal help to clients the courts has helped sharpen the clinic’s represented, justice will prevail in settle- adopting no agenda other than to who would otherwise go unrepresented mission, I would have to answer “yes.” ment or trial. A “lawyer’s representation nobody is above the law. 12 advance the lawful goals of clients. can delay the issuance of environmental Because I had never run a clinic of a client… does not constitute an 13 FACULTY PUBLICATIONS AND PRESENTATIONS

Student attorney Casey Yourn meets with Gov. Mike Foster about Adeno Addis’article “The Thin State in Environmental Law Clinic,” Air and Society of Environmental Journalists, 13th Louisiana’s Clean Thick Globalism: Sovereignty in the Waste Management Association, New annual conference, New Orleans; Water Act program. Information Age” was published in 36 Orleans, January 2004. “Environmental Assessments in Trade NOTES Vand. J. Transnat’l L. 1. He also partici- Agreements,” Inter-American pated in a panel discussion on “The Paul Barron (with Mark Wessman) pub- Development Bank, symposium on Trade 1 ABA Model Rules of Prof’l Kurdish Issue and Beyond: Territorial lished Secured Transactions—Problems Capacity Building, Washington, DC; endorsement of the client’s political, had gone to war to defend those very Conduct, R. 1.2 cmt. 5. Communities Rivaling the State,” at the and Materials (West) last fall. “Access to Regional Cooperative economic, social or moral views or values. The fictional lawyer in the novel 2 Restatement (Third) of the Law annual meeting of the American Society Institutions,” Americas Forum for Trade activities.”5 To Kill a Mockingbird embodies these Governing Lawyers § 16(1) of International Law. Jeanne Carriere’s “Cold Comfort: Law and Sustainable Development, ; and Indeed, under court rules, clinic student principles. As a result, that character is (2000) (A lawyer must “proceed and Community in Ethan and Joel Coen’s “Public Access to the Presidential Summit attorneys must promise not to place their so popular among Louisiana lawyers that in a manner reasonably calculated Adam Babich has published the follow- Fargo,” is the lead article in 2003 L. Process,” citizens forum of the Fourth own interests or those of the clinic above when bar applicants select “fictional to advance a client’s lawful ing articles: “Too Much Science in Rev. 563. Carriere also addressed the local Summit of the Americas, Monterrey, the interests of their clients. Denying names” to preserve anonymity on the bar objectives, as defined by the Environmental Law,” 28 Colum. J. Env. L. chapter of the National Association of Mexico. service to clients for fear of controversy exam, the Louisiana Supreme Court has client after consultation.”) 119; “Environmental Justice in Social Workers on the topic “The would cause much deeper offense to the had to forbid applicants from using 3 Richard L. Revesz, “Thurgood Louisiana,” 51 La. Bar J. 90; “The Sting: Proposed Revision of the Civil Code Martin Davies published an article enti- values of law school constituents than “Atticus Finch.” As long as the clinic Marshall’s Struggle,” 68 N.Y.U. L. How Louisiana’s Emission Credit Trading Articles on Establishing Parenthood,” tled “Forum Selection Clauses in could any lawful position the clinic might charts its course by values that are this Rev. 237, 248 (1993) (describing System Dirties the Air,” Second February 2004. Maritime Cases,” 27 Tulane Maritime Law advance on behalf of a client. central to the training of all U.S. the 1962 confirmation battle over Generation Issues Comm. Newsl., May Journal 367; a book chapter entitled The clinic, therefore, is built on three lawyers, we serve the law school’s entire Justice Marshall’s appointment to 2003; “The Wages of Sin: The Violator- Christopher Cotropia presented “Claim “Taking Evidence by Video Link in principles: (1) that law students should constituency, the legal system, society at the Second Circuit). Pays Rule for Environmental Citizen Interpretation and the Patent Disclosure” International Litigation” in be trained to be capable, civil, and ethi- large, and our clients. 4 NAACP v. Button, 371 U.S. 415 Suits,” 10 Widener L. Rev. 219. Babich at the Intellectual Property and Intercontinental Cooperation Through cal advocates; (2) that legal representa- If you are part of the legal or environ- (1963). also made the following presentations: Communications Law Scholars Private International Law: Essays in tion should not be denied on the basis of mental community, we consider you to 5 ABA Model Rules of Prof’l “Legal Initiatives of the Tulane Roundtable hosted at State Memory of Peter Nygh, published by ability to pay or point of view; and (3) be among the Tulane Environmental Conduct, R. 1.2(b). Environmental Law Clinic,” Louisiana University— College of Law in Kluwer Law International; and an annual that nobody is so rich or powerful as to Law Clinic’s constituents. So this is your State Bar Association Environmental February 2004. review (co-authored with Robert Force) of be above the law. When I recently dis- environmental law clinic and—whether Section Seminar, New Orleans, U.S. maritime law decisions, published in cussed these guiding principles with an you agree with all, some, or none of our November 2003; “Environmental Harvey Couch published “Is Significant Lloyd’s Maritime and Commercial Law attorney representing one of our client’s clients’ positions—we want it to make Justice,” Society of Environmental Contacts a Choice-of-Law Methodology?” Quarterly. The second edition of his opponents, he responded that his father you proud. Journalists, 13th annual conference, New 56 Arkansas Law Review 745. Australian casebook International Trade Orleans, September 2003; luncheon Law (with Michael Pryles and Jeff speaker, National Petrochemical and Eric Dannenmaier has published “Civil Waincymer) has just been published by

Refiners Association National Society Participation in the FTAA” in the Thomson. He was invited by Intertanko 2004 SPRING/SUMMER Environmental and Safety Conference, volume Hacia un Derecho de (the International Association of New Orleans, April 2003; Participación en las Americas, and edited Independent Tanker Owners) to give pre- Denying service to clients for fear of controversy would cause much deeper offense to the “Environmental Justice in Louisiana,” “Environmental Sustainability in Trade: sentations on “‘Charterers’Liability for Women for a Better Louisiana, New Evaluating the Potential Impacts of the Oil Pollution” and “Ship and Port Security Orleans, April 2003; “New Source FTAA, the Case of Argentina,” North- Initiatives” in Singapore and Hong Kong SPRING/SUMMER 2004 values of law school constituents than could any lawful position the clinic might advance on Review Issues and Clean Air Act Title V,” South Press. Dannenmaier also made the in November 2003. TULANE LAWYER EPA Clean Air Act Title V Advanced following presentations: “Environment Training, , March 2003; and Trade Linkages in Trade Integration,” Ray Diamond’s co-authored book, Brown behalf of a client. panelist, “Effective Environmental annual meeting of the Inter-American Bar v. Board of Education: Caste, Culture, and

TULANE LAWYER Justice Policy,” American Anthropolog- Association, Committee XI, New Orleans; the Constitution, was selected for the David ical Association, Chicago, November “Environmental Degradation and Conflict J. Langum Sr. Prize for 2003, for the best 14 2003; “The Role of the Tulane Vulnerability: The Next Global War,” book in “legal history and legal biography 15 FACULTY PUBLICATIONS AND PRESENTATIONS

College of Law, San Francisco, October Approaches,” University of Salzburg, Professionalism Award. The award is pre- 2003. Gelfand was a panelist at these New September 2003; “Haiti ’s International sented to a member of the greater New Orleans programs: “Judicial Legal Claim for Restitution for Post- Orleans legal community who exemplifies Independence and Accountability Independence Indemnity Payments to the ideals and professionalism of Seminar,” March 2004; “Marriage Laws: France,” Port-au-Prince, Haiti, October Magistrate Judge Wynne. The Effect of Recent Judicial Intervention 2003. “Environmental Human Rights that is accessible to the general, educated Robert Force published The Law of Employment Discrimination Cases,” ori- Regarding Liberty and Marital Claims Under the Alien Tort Statute: David Katner’s article, “Confidentiality public, rooted in sound scholarship, and Seamen (3 volumes) (with M. Norris), the entation seminar for newly appointed U.S. Legislation,” Federalist Society, January Understanding Recent Setbacks,” and Juvenile Mental Health Records in with themes that touch upon matters of 2002 supplement for The Law of Maritime magistrate judges, Washington, D.C. , 2004; “From Brown to Grutter: American Branch of the International Law Dependency Proceedings,” was published general concern to the American public, Personal Injuries, Handbook on Louisiana October 2003; “Employment Affirmative Action and Higher Education Association, , October in 12 William and Mary Bill of Rights past or present.” Diamond also made the Evidence Law (with G. Pugh, G. Rault, Discrimination Law Update,” annual con- in the South,” Tulane Law Review, 2003; “Conferences of the Parties and Journal (2004). In addition, the director following presentations: keynote speaker, and K. Triche), and “U.S. Maritime Law ference of U.S. Seventh Circuit Court of September 2003. Also, Gelfand has been Other Politically Mandated Bodies,” Max- general of the Japan Federation of Bar University of Missouri-Columbia Black Decisions 2001, 2002,” Int’l Mar. & Com. Appeals, Lake Geneva, Wi. , October appointed program chair for the AALS Planck-Institute of Public International Associations announced that Katner’s Law Students Association annual banquet, L. Y.B. 117 (with M. Davies). Also, he 2003; “Recent Developments in Civil Rights Section. Law, Heidelberg, November 2003; “The chapter, “Raising the Insanity Defense,” in February 2004 ; “The Enduring Legacy of delivered the inaugural lecture, entitled Employment Discrimination Law,” annual International Legality of the Use of Force Ethical Problems Facing the Criminal the Brown Decision,” Eastern Kentucky “United States Implementation of the conference of the U.S. 11th Circuit Court Stephen Griffin was on a panel at the Against Iraq,” University of Utrecht, Defense Lawyer (America Bar University, February 2004; “Diversity in International Code of Security for Ships of Appeals, Sea Island, Ga., October 2003; 2004 American Association of Law Faculty of Law, May 2003; and “Corporate Association, 1995), has been selected for Higher Education,” Louisiana State and Port Facilities,” in a series sponsored “Employment Discrimination Law Schools meeting in , joining a co- Environmental Responsibility and the translation into Japanese. In September University Agricultural Center, February by the Maritime Port Authority of Update,” orientation seminar for newly sponsored program of the sections on Alien Tort Claims Act,” annual meeting of 2004, Katner will be co-presenting a paper 2004; “Regulation under the Federal Trade Singapore. He also lectured on “Admiralty appointed district judges, Washington, constitutional law and jurisprudence enti- the Inter-American Bar Association, New on the implications of the MacArthur Commission,” l’École Nationale Jurisdiction, Choice of Law and Forum D.C., March 2004. “Recent Developments tled “Restoring the Lost Constitution: The Orleans, June 2003. Handl also was Juvenile Competence Study at the 27th d’Administration, January 2004; keynote Selection Clauses, and Forum Non in Employment Discrimination Law” at a Presumption of Liberty.” appointed to the editorial board of Indian annual National Children’s Law speaker, Louisiana State University Black Conveniens” to the Maritime Law workshop for judges of the U.S. Second Journal of International Law, and as Conference in , Nev. Law Students Association annual scholar- Association of Singapore, November and Third Circuit Courts of Appeals in Catherine Hancock’s treatise on Special Master, U.S. District Court for the ship banquet, October 2003; panelist, 2003. Force also submitted a report to the New Paltz, N.Y., April 2004. In March Principles of Criminal Procedure (co- Western District of Louisiana, 2004. Marjorie Kornhauser spoke on two pan- “Brown v. Board of Education,” National Law Faculty of the National University of 2004, Friedman conducted a three-day authored with Russell Weaver, Leslie els at the annual conference of the Archives, October 2003; commentator and Singapore on expanding its Maritime Law mediation skills-training program for U.S. Abramson and John Burkoff) was pub- Oliver Houck’s article “Tales from a American Association of Law Schools. chair, “Deconstructing Grutter and Gratz: program, moderated a panel that discussed district and magistrate judges under the lished by Thomson/West in April 2004. Troubled Marriage: Science and Law in She delivered one address on “The Uses of Constitutional Analysis,” “From Brown to legal issues in cruise ship and recreational auspices of the Federal Judicial Center in Her casebook, Constitutional Criminal Environmental Policy” appeared in the Past: Doing Tax History” at the tax Grutter symposium, Tulane Law School, boating at the Tulane Maritime Seminar, Redondo Beach, Calif. Procedure Cases, Problems, and Science December 2003, published by the section and another on “Occupational October 2003; panelist, “Grutter and Fall 2003, joined a discussion with two Exercises (2nd edition), Thomson/West, American Association for the Segregation by Sex in the Legal Gratz,” annual meeting of the Southeast other law professors on “Key Issues in M. David Gelfand published complete (with Russell Weaver, Leslie Abramson, Advancement of Science. Other articles Academy” at the section on women in Association of Law Schools, July 2003, Maritime Law,” 19th Tulane Admiralty revisions of Chapter 1 (“Elections and Ronald Bacigal, John Burkoff and Donald include “On the Limits of Charity: legal education (at which she presented “Hidden Hands, Unanimous Voices: The Law Institute, March 2003, and presented Voting Rights”) and Chapter 2 (“Public Lively), was published in March. Lobbying, Litigation and Electoral the findings from her “Rooms of Their Decisional Background to Brown v. a paper on “Recent Developments in Employment Relations”) of Suing and Politics under the Internal Revenue Code Own” article). She also spoke in April at Board,” Lewis A. Martinet Society of New Admiralty and Maritime Law” at the Fifth Defending Cities for Federal Günther Handl authored “The IAEA and Related Laws,” Brooklyn Law College on “The State of the Orleans CLE, March 2004, “Brown v. Circuit Judicial Conference, spring 2003. Constitutional Violations (LexisNexis); Nuclear Safety Conventions: An Example Review; “Tres Reflexiones Sobre el Federal Income Tax.” Kornhauser also

Board of Education, Law and Politics,” annual supplements for State and Local of Successful ‘Treaty Management’?” 72 Derecho Ambiental en Estados Unidos: published “Anti-Tax Rhetoric in America: 2004 SPRING/SUMMER “Overcoming Inequality: A Look at Brown Joel Wm. Friedman has signed a contract Government Debt Financing (West Nuclear Law Bulletin 7. He also gave the Hermanos en Armas, El Motor del Tinderbox or Safety Valve?” 23 ABA v. Board of Education Fifty Years Later,” from Foundation Press to be the editor of Group). Also, Gelfand made the following following presentations: “Die Derecho Ambiental, La Section of Taxation, NewsQuarterly 16, Southern University Law Center, March the Employment Discrimination Stories presentations: “Diversity in State and gesellschaftliche Verantwortung von Desconstiutionalizacion del Derecho “Why a Duck: Are Feminist Legal 2004. Also, Diamond has been named volume of Foundation’s “Stories” series. Local Government Employment, wirtschaftlichen Unternehmen als globale Ambiental,” Andalucia Review of Public Journals an Endangered Species, and If chair for the American Association of Law His recent presentations are as follows: Education, and Elections,” ABA State and rechtliche Herausforderung,” Humboldt Administration and “Thinking About So, Are They Worth Saving?” 12 SPRING/SUMMER 2004 Schools section on legal history. “Using Technology in the Classroom,” to Local Government Section, New Orleans, Universität, Faculty of Law, Berlin, Tomorrow, Cuba’s ‘Alternative Model’ Columbia J. Gender & L.478. TULANE LAWYER the faculty of the West Virginia University March 2004; “The Future of Municipal February 2004; “Corporate for Sustainable Development,” Tulane Onnig Dombalagian was invited by the Law School, January 2004; “Integrating Liability Litigation: Monell Sails into the Environmental Responsibility Under the Environmental Law Journal. Susan Krinsky has been named to the Freeman Consulting Group, a student the Web Into Law School Instruction” to Next Quarter Century,” Albany Law Alien Tort Claims Act,” University of Board of Trustees of the Law School

TULANE LAWYER organization at the Freeman School of the faculties of the University of School, October 2003; “Demystifying Houston Law Center, March 2004; The New Orleans Chapter of the Assoc- Admissions Counsel. In March, Krinsky Business, to speak on the implications of Pittsburgh Law School and Duquesne Substantive Due Process: Common “Command-and-Control vs. Market- iation of Women Attorneys presented Jane spoke at the the neuroethics symposium at 16 Sarbanes-Oxley for the consulting industry. University law School in April; “Litigating Threads and Disparate Strands,” Hastings Based Environmental Management Johnson with its Michaelle Pitard Wynne Tulane School of Medicine. Her topic was 17 FACULTY PUBLICATIONS AND PRESENTATIONS

of Environmental Regulation,” and co- Dean Lawrence Ponoroff’s casebook (co- Sherman also presented “Legislative author Samuel Estreicher will present authored with Dolan and Markell), Core Developments in Class Actions” at the “The Law of Economics of Tipping: Principles of Commercial Law: Past, American Bar Association conference on The Laborer’s Perspective.” Present and Future (Thompson/West), “The Future of Class Action Litigation in was published last fall. The text is a rewrit- America” on October 2003. Sherman also legal issues raised by advances in brain School of Law, as well as at the Works-in- Woldenberg Art Gallery, March 2004; Brooke Overby published an article ten, updated, and expanded version of published the following: “American Class research and related technology. Progress Intellectual Property Colloquium “Beyond the Bright Line: A entitled “Our New Commercial Law Dolan and Ponoroff’s Basic Concepts in Actions: Significant Features and he organized at Tulane University School Contemporary Right to Counsel Doctrine,” Federalism” in 76 Temple Law Commercial Law. Developing Alternatives in Foreign Legal Bill Lovett published “Exxon Valdez, of Law in October 2003. Lunney also has 97 Northwestern Law Review 1635. Review 2003. Systems,” 215 Federal Rules Decisions Punitive Damages, and Tort Reform,” 38 been named chair-elect for the American Dan Posin published the sixth edition of 130; “Report on Mediation: Skills Tort & Insurance Law Journal 1071 Association of Law Schools section on Jonathan Nash’s article, “Examining the Rafael Pardo’s article, “On Proof of his Hornbook on Federal Income Taxation Development and Professionalization in a (ABA, Summer, No. 4, 2003), as well as intellectual property. Power of Federal Courts to Certify Preferential Effect,” has been published (co-authored with Tobin) in fall 2003. Growing Innovative Field of Employment” the second edition of U.S. Trade Policy: Questions of State Law,” was published at in 55 Alabama Law Review 281. Posin also published “Medicare, Medicaid, for the German Department of Education; History, Theory, and the WTO with Alfred Pamela Metzger spoke at three sessions 88 Cornell L. Rev. 1672, and his article, “A ERISA and Other Medical Liens Against “Analysis and Draft of a New Code of Civil Eckes and Richard Brinkman. This fall at a January conference sponsored by the Context-Sensitive Voting Protocol Vernon Palmer signed a contract with Plaintiffs’Personal Injury Recoveries: Procedure for the Republic of Vietnam” for and spring he has given 13 lectures. Battered Women’s Justice Project, which Paradigm for Multimember Courts,” Carolina Academic Press to publish The Congress’s 2003 Christmas Gift to the Supreme Peoples’Court of Vietnam; “Grand Bargain or Grand Illusions; Great is a designated technical assistance center appeared at 56 Stan. L. Rev. 75. Nash also Louisiana Civilian Experience: Critiques Medicare” (co-authored with Larue), 51 “Report and Recommendations of the Strains in International Trade, Finance, for the Violence Against Women Office co-authored a book chapter (with Ricky of Codification in a Mixed Jurisdiction in Louisiana Bar Journal 334. ABA Task Force on Class Action and Security” at nine universities: of the Department of Justice. Her topics Revesz of New York University) entitled spring 2004. An earlier book, Pure Legislation” by the chair and reporter, to Dalhousie University, University of were “After a Conviction: Sentencing “The Design of Marketable Permit Economic Loss in Europe (Cambridge Cynthia Samuel produced new editions the ABA House of Delegates. –Orono, University of Maine Law Considerations for Women Who Use Schemes to Control Local and Regional Univ. Press) (with Bussani), has been of Reppy and Samuel, Community School, Boston University Banking Law Violence,” “Gathering Information About Pollutants,” in An Introduction to the Law chosen for translation into Chinese. Property in the United States (Carolina Keith Werhan published the article Center, Dickinson Law School at Penn a Woman’s Experience of Being and Economics of Environmental Policy: Another book, The Boundaries of Strict Academic Press) and Spaht and Samuel, “Navigating the New Neutrality: School State, University of Richmond Law Battered,” and “Coordinating the Issues in Institutional Design (Timothy Liability in European Tort Law (with Successions, Donations and Trusts, Cases Vouchers, The Pledge, and the Limits of a School, Marshall Wythe School of Law at Criminal Justice System Response to Swanson, ed.). Nash also presented a Werro) was published by Carolina, and Readings (LSU Law School Press). Purposive Establishment Clause,” in 41 William & Mary, University of Alabama Battered Women Arrested for Crimes.” paper on “Ecosystems, Endangered Staempfli and Bruylant in spring 2004. Brandeis Law Journal. He also addressed School of Law, and Wake Forest Law She also made the following presenta- Species, Markets, and Geography: A New Also, Palmer published two articles in the Stacy Seicshnaydre was a panel speaker the annual meeting of the National School. In addition, he arranged four lec- tions: “Representing Battered Women Direction for Habitat Trading Programs” law reviews of Loyola and Louisiana at an American Bar Association AIDS Conference of Bar Examiners on the cur- tures on “Exxon Valdez, Punitive Charged With Crimes,” Tulane Law at the annual meeting of the American State University: “The Recent Discovery Coordination Project symposium entitled rent state of legal education. Damages, and Tort Reform,” at University School, Continuing Legal Education Law and Economics Association at the of Moreau Lislet’s System of Omissions “HIV/AIDS Law and Practice 2004: From of Maine Law School, Tulane Law School, Program, December 2003; “Carrie Mae University of Faculty of Law in and Its Importance to the Debate Over the Nuts and Bolts to Cutting Edge” held in Mark Wessman (with Paul Barron) pub- University of South Carolina School of Weems and the Louisiana Project: September, and a paper on “Induced Sources of the Digest of 1808 “ and “The New Orleans in January. The month lished Secured Transactions—Problems Law, and the Insurance Law Institute at Legislating and Litigating Racial Identity Travel and the Case for New Capacity French Connection and the Spanish before, Seicshnaydre served as a speaker and Materials (West) last fall. University of Connecticut Law School. in Louisiana,” Woldenberg Art Gallery, Peak Charging Regimes as a Response to Perception: Historical Debates and for a Louisiana Commission on Human Newcomb College, November 2003; Traffic Congestion” at the annual meeting Contemporary Evaluation of French Rights-sponsored CLE on the topic of Joachim Zekoll’s publications include Glynn S. Lunney Jr.’s article, “Patents, “The Defense Bar: Inclusive or of the Midwestern Law and Economics Influence on Louisiana Civil Law.” He financial transactions and housing “System Changes in European Conflicts

the Federal Circuit, and the Supreme Exclusive,” National College of District Association at the Indiana University Law delivered a lecture based on the first discrimination litigation. Law” [Systemwechsel im Europäischen 2004 SPRING/SUMMER Court: A Quiet Revolution,” has been pub- Attorneys, September 2003; “Tulane Law School at Indianapolis in October. He also paper to the Round Table Club in New Kollisionsrecht], by Jürgen F. Baur (Ed.), lished as the lead article in volume 11 of Clinic: A Comprehensive Approach to spoke in March on First Amendment Orleans. Palmer also authored an essay Judith Schafer received the Garnie Zeitschrift für Europäisches Privatrecht the Supreme Court Economic Review. He Domestic Violence,” National College of restraints on speech during campaigns for (in French) appearing in the Livre du McGinty Distinguished Career Award 256, and “New Standards for the Service has also presented a paper entitled District Attorneys September 2003: judicial office as part of a panel at the con- Bicentenaire on the historic influence of at a spring meeting of the Louisiana of Process under the Hague Service “Copyright Preemption of Viral “Recent Supreme Court and Legislative ference on Judicial Excellence and the French Civil Code in Louisiana and Historical Association. Convention?” [Neue Maßstäbe für SPRING/SUMMER 2004 Contracts” at the Joint Session of the Developments,” Southeastern Accountability co-hosted by Tulane Law attended the March colloquium in Paris Zustellungen nach dem Haager TULANE LAWYER Sections on Intellectual Property and Law Association of American Law Schools, School and the Judicial Excellence celebrating the French Civil Code (1804- As the Godfrey Distinguished Visiting Zustellungsübereinkommen?], 40 Neue and Computers at the American July 2003. Metzger has also authored the Foundation. In May, two papers by Nash 2004). In February he participated in con- Professor of Law at the University of Juristische Wochenschrift 2722. His pre- Association of Law Schools Annual meet- following publications: Carrie Mae will be presented at the annual meeting of ferences in Puerto Rico, along with col- Maine School of Law this past semester, sentations include “Is there a Procedural

TULANE LAWYER ing, and a paper entitled, “Patents and Weems and the Louisiana Project: the American Law and Economic leagues from Tulane, regarding code Ed Sherman gave the Godfrey Lecture Lex Mercatoria?,” a paper presented at the Growth: Empirical Evidence from the Legislating and Litigating Racial Identity Association. Nash will present “Framing reform and civil law methods for a mixed on Nov. 12, 2003, on “Consumer Class Frankfurt Arbitration Circle Symposium 18 States,” at George Mason University in Louisiana, Exhibit Catalogue, Effects and Regulatory Choice: The Case jurisdiction. Actions: Who Are the Real Winners?” on International Arbitration. 19 THEY GOT “Pop Warner provides kids with valuable experience, especially GAME kids who don’t have the family support they need.” BY SUZANNE JOHNSON AND NICK MARINELLO

IT’S ALL ABOUT THE GAME Mary K. Fitzgerald (L ’01)began her sports law experience as an intern in the National Hockey League, cut “You come away from the program her teeth clerking for the National Football League Management Council Mention sports law to most people and learning about the industry and cutting- and then moved on to FOX Entertainment. the infamous line from the movie Jerry edge issues affecting the industry,” Now the Tulane JD and MBA, and Maguire comes to mind: “Show me the Roberts says. “But, basically, to be a good 2001 editor of The Sports Lawyers money.” sports lawyer you have to be a good Journal at Tulane, is chief operating offi- cer of what is arguably the world’s involved with the kids. She finds donors Sports law brings to mind big-money broad-based lawyer. You have sports largest sports organization, with and sponsors for travel, equipment and contracts, star athletes, endorsement clients, but you are dealing with business more than 5,000 football teams and uniforms. And she gets to work in a 300,000 participants. field she believes in. deals, and marketing strategies. enterprises, income tax, antitrust issues, And the Superbowl quarterback was “Pop Warner is the only youth sports But the field is much broader, encom- labor law, and intellectual property.” a girl. organization that stresses academic Fitzgerald is chief operating officer of excellence,” she said. “It provides kids “Super Bowl” held at Disney World A goal of the program—and one passing amateur and international sports Pop Warner Little Scholars, the juvenile with valuable experience, especially kids in Orlando, Fla. as well as the pros—and much more com- Roberts believes it has achieved—is to sports program incorporated in 1959 that who don’t have the family support they Despite the numbers, however, it’s send graduates into the field armed with a sponsors both football teams for kids need. It’s definitely a great cause.” still all about kids and families—and plex, as athletes become more marketing ages 5-16 and such “sideline teams” as A recent “cause” for Fitzgerald has about the game. “Sports has changed a savvy and more money is at stake. certificate from a program that is recog- cheerleading and dance. been lobbying the federal government to lot,” says Fitzgerald, a longtime fan of nized in the industry as one of the best. The lack of paid players and the require mandatory background checks the New York Giants and Mets who Since 1993, the Tulane Law School dependence on donors, sponsors and for volunteers who will be working with came to Tulane for its sports law pro- Sports Law certificate program has “The vast majority of people in the volunteers—38,000 of them—in key youths. This year, for the second consec- gram. “Sports can become a cultural positions puts Fitzgerald in what is utive season, Pop Warner programs phenomenon and can get larger than the 2004 SPRING/SUMMER provided students with the background industry are aware of and respect our pro- undoubtedly one of the most unusual nationwide will be required to annually game. The NFL and NHL are trying to necessary to understand and handle gram,” he says. “Our people come out sports law positions around. conduct a background check of coaches, go back to that.” problems unique to the sports industry. with instant credibility.” “It’s unique from a labor standpoint,” board members and any other persons Another thing that has changed is the she acknowledges. “There are no typical who provide regular service to the steady growth of opportunities in the Directed by professor Gary Roberts, who Following are a few of the many Tulane unionized workers. If our players go on league or have repetitive access to the field of sports law. “In the early years of SPRING/SUMMER 2004 TULANE LAWYER himself is an officer and director of the lawyers involved in various aspects of the strike, there’s no one to replace them.” children. the sports law program, the numbers Instead, Fitzgerald brokers deals and The program also is growing interna- were low and it was hard to get a job. Sports Lawyers Association, the program broad and growing field of sports law. contracts with sponsors and handles tionally, most recently starting up in But we were all there and knew that attracts students from around the country marketing for the organization. She Scotland, and has ongoing programs was what we wanted to do. It was a

TULANE LAWYER works with the NFL to get the pros and competitions culminating in the wonderful experience.” interested in pursuing careers in a sports- 20 related field. 21 “There is an audience out there [in the Middle East] that watches American

sports—football, major league baseball, hockey.”

TAKING A CHANCE When Exxon closed its New People all the time want to put a picture FLY BALLS IN Orleans office in 1996, Vicky of Michael Lewis or a logo in an ad. You KUWAIT Gerl Neumeyer established her can’t do that. The rights [to the image] The vision of a Major League own law firm specializing in belong to the player, not the club. And Baseball game being broadcast corporate defense work. With the ability you have sponsors who pay a premium to to an avid audience of television to establish her own hours, the 1998 use those marks. You don’t want to have a viewers is nothing new. Tulane LLM also indulged in a personal negative effect on a fan but you have to But put the TV in Kuwait or the dream. The avid Green Bay Packers fan do what is right for your sponsors.” United Arab Emirates, and it’s a scene who grew up in a town near A “whole new thing” this season, she with more than a touch of surrealism. the team’s headquarters volunteered as says, is taking a look at all the entertain- all of them do. “Players are becoming It’s also a scene that would warm the an unpaid intern in 2000 for the New ment plans following the now-infamous more popular and more savvy in protect- heart of David Wisnia, a 1999 Tulane Orleans Saints’ marketing department. Janet Jackson episode during halftime of ing their rights, which creates a new set Law graduate now working as director Within a year, her life had taken a the Super Bowl. “We are re-evaluating of issues,” she says. “Who owns the num- of business and legal affairs for Fox dramatic turn as she was hired as gener- all our entertainment,” she says. “And ber, the color, the logo, the name?” Sports International, working to expand al counsel for the Saints in March 2001. there are free speech issues out there.” One thing hasn’t changed, and that is viewership for Fox Network offerings The only attorney employed by the Like others in the field, Neumeyer says Neumeyer’s love for football, which was outside the U.S. borders. organization, Neumeyer has her hand in the business of sports law is growing nurtured on fall afternoons in Wisconsin. Unlike many who seek out sports law, just about all aspects of the club except more complex. When she began working Except now, she pulls for the black and Wisnia was a sports fan who had plans for player contracts, which are deter- with the Saints, only half of all NFL fran- gold. “I’m a Saints fan through and to go into entertainment law and found international deals, for example,” mined through collective bargaining. chises had on-staff counsel. Now, almost through,” she says. “There’s no question.” the perfect job to blend the two. A Los Wisnia says. “Holding back tax, value- “The internship was a way to get my Angeles native, he was job hunting at added tax, payment schedules and foot in the door,” she says. “From day the same time Fox was in the market for assignments.” one, I was interested in sports and I took an attorney who spoke Spanish. The job also requires staying on top all the intellectual property and sports Now, in addition to providing support of potential problems. “If the National law courses I could.” for key business units including interna- Hockey League goes on strike, you need Now she handles everything from tional television licensing and distribu- to have very strong language in your sponsorship contracts, issues concerning tion, production marketing, affiliate rela- agreements. You don’t want to make a facilities, marks and logos, to suite leas- tions, new media and talent, Wisnia has huge payment if they are on strike. Or es, broadcast agreements and entertain- turned his focus to what seems an maybe they don’t go on strike but use ment contracts. Working with players unlikely market, the Middle East. “There scab players.” and coaches on a daily basis, she even is an audience out there that watches Not surprisingly, international politics will try to help them out with referrals American sports—football, major league and economics also make a huge differ- or personal issues when needed. baseball, hockey,” he says. “We also ence in outcome. “Politics affects every- Each area has its own set of complex

show a lot of European sports—cricket thing,” Wisnia says. “It is always a very angles and issues. “Good will is always a 2004 SPRING/SUMMER and rugby and soccer. We are trying to sensitive matter. When the Argentine consideration in marks and logos,” she find a mix of programming that will sell peso devalued we had trouble getting said. “How recognizable are the black and advertising—what we should show, paid. Now that the dollar is weak, peo- gold fleur de lis of the Saints and the NFL when we should show it, what to acquire ple are paying us. In Argentina a few shield, and how do you police their use? and what not to acquire.” years ago they had a different president SPRING/SUMMER 2004 Such decisions use a broad range every two weeks and they were paying TULANE LAWYER of legal skills. “We do a little of us in pesos.” “Players are becoming more popular and more savvy in protecting everything,” Wisnia says. Negotiating In today’s political climate, Wisner broadcast rights with the different acknowledges that the Middle East is a their rights, which creates a new set of issues.”

TULANE LAWYER leagues, from NFL to NASCAR, hard sell. “It’s obviously a tough territo- requires a complex set of considerations. ry,” he says. “I’m trying to find some- 22 “There are always tax ramifications for thing where there is nothing.” 23 A MASTER “I don’t know if the field [of sports law] is becoming bigger, OF THE GAME Mike Tannenbaum (L ’95) And most would agree he has been but it is becoming more complicated.” knows football. As assistant successful. Coming on the job near the general manager and director same time as then-coach Bill Parcells, of pro personnel for the New Tannenbaum successfully negotiated a York Jets, he has to—maneuvering the number of key contracts and acquisi- slippery slope of salary caps, player con- tions for the team. The team went from tract negotiations and financial forecast- the league’s worst record in football at ing for a National Football League fran- the time, with back-to-back seasons of for the Browns in 1995 before chise is not for the faint of heart, or the 3-13 and 1-15, to a 9-7 record in heading for New York two years later. football novice. Parcells’—and Tannenbaum’s—first He also has published three articles on Now in his seventh year with the Jets year. The following year, the Jets went sports management for the Sports STRIKING GOLD (he was promoted to his current position 12-4 and advanced to the AFC Lawyers Newsletter and the Sports ON ICE in 2001), Tannenbaum sees the field of Championship game against the eventu- Lawyers Annual Journal. Jaime Wolf (L ’01) grew up in sports law growing more complex, par- al Super Bowl champion Denver But writing time is hard to come by. a sports-minded family that ticularly in terms of collective bargain- Broncos. “Every move [on the job] has significant included professional athletes, ing and salary caps. “Every day you A native of Boston and a high school ramifications,” he says. “My primary job former Olympians, collegiate learn something different,” he says. football player himself, Tannenbaum is to understand the goals of what we are standouts. “I ran track, but I realized I “My biggest learning curve is keeping came to Tulane for the sports law pro- trying to accomplish, assess our needs was not going to earn a living running track of the market and what’s going gram and calls it an “excellent founda- and see what we have to do to build a the 400,” he says. on in the market.” tion on the intricacies of the industry.” team. Our decisions are made jointly as Instead, he headed to Tulane to study As Tannenbaum talks, he ticks off a While in law school, he interned for the an organization. sports law and merge his academic and growing list of areas in which he’s cur- , then went to work “You have to know football.” athletic interests. After a brief stint as a rently working. “We are signing players clerk in the Department of Labor, Wolf, from other teams. Trying to see what is a New York native, landed his dream Factoring in refund provisions going on in the marketplace and keeping job, working as assistant general counsel or alternatives becomes part of the track of it all. Being more creative. for the National Hockey League’s New negotiations, which involves working Managing the salary cap and staying York Islanders as well as for the New not only with potential sponsors but also underneath it each year.” York Dragons arena football team. with the vice president of operations and Springtime is contract-negotiation Saying “everything I learned in law the chief financial officer. time. “If I do my job well, I will help school comes into play,” Wolf works If it sounds complex, it is indicative the team be more competitive,” he says. primarily with sponsorship contracts. of what Wolf sees in the field of sports Tannenbaum has been responsible for “We actively seek out sponsors to see if law as a whole. “I don’t know if the signing all the player contracts for the they are interested in a sponsorship in field is becoming bigger, but it is Jets since arriving in 1997 and has the stadium,” he says, referring to becoming more complicated,” he says. restructured the contracts of numerous Nassau County (N.Y.) Veterans “Previously, you had large corporate players to help the club remain in com- Memorial Coliseum, where both the entities investing in sports. Now, you are pliance with the NFL’s Collective Islanders and the Dragons play. seeing groups of individuals buying Bargaining Agreement. Lest it all sound too corporate and back into it and corporations are selling

far-removed from the playing field—or their interests. You see a lot of turnover. 2004 SPRING/SUMMER ice, as it might be—consider that Wolf Whether that will open up more oppor- is negotiating his sponsorship contracts tunities I don’t know.” with the threat of a potential NHL What he does know is that the kid lockout next season. “We have to who went to the Stanley Cup parades “Every day you learn something different. My biggest learning curve is factor that into the sponsorship deals,” with his family back in the ’80s when SPRING/SUMMER 2004 he says. “We don’t want to reach an the Islanders were winning the titles is TULANE LAWYER keeping track of the market and what’s going on in the market.” agreement and then go into the season happy to be where he is. with deals unmet.” “I struck gold with this job.” TULANE LAWYER 24 25 COMMENCEMENT 2004

This year’s inductees to the Order of the Barristers pose Happy not to have to take for a photo during the notes, JD candidates give awards ceremony held the their full attention to the night before commencement. diploma ceremony.

(far left) Dean Lawrence Ponoroff (from left) Adjunct faculty with Dean’s Medal recipients member Lawrence Fabacher Elizabeth Piercy and Daniel offers remarks after receiving Charest, who held the highest the Monte M. Lemann average during the third year. Distinguished Teaching Award, (left) Dean Ponoroff congratu- and Professor Hoffman Fuller lates Faculty Medal winner Laura receives the Felix Frankfurter Butte, who earned the highest Distinguished Teaching Award average over all three years. from Dean Lawrence Ponoroff.

(right) Dean Lawrence Ponoroff (right) Graduate students stands with Judge Edith Brown savor the moment. Clement (L ’73), who delivered (far right) “Where do I the alumni welcome. go, what do I do!?” (far right) Law faculty peruse Asking the academic commencement brochures services staff for help one before the ceremony begins. last time.

(from left) Helynn Stephens, 3L president, addresses her classmates; Daniel Fort, Student Bar Association pres- ident, does the same; JD can- didate Sara Jacob opens com- mencement with the National Members of the class Anthem; “I’ll call you back of 1954 gather before later, I’m graduating!” commencement.

26 27 ALMA MATTERS

(from left) Jody Gardner, ALUMNI COMMITTEES Bryant Gardner (L ’00), MAKING GREAT Rep. David Vitter (L ’88), PROGRESS Kevin MacMillan (L ’00) The Tulane Law School alumni commu- at a recent reception for CLASS NOTES ALUMNI CHAPTERS ON-LINE nity continues to move in exciting new Rep. Vitter and Dean directions. A renewed focus on alumni Lawrence Ponoroff held One way that the network of Tulane outreach has resulted in a groundswell at the U.S. Capitol. of interest among alums around the Law School alumni is being established 1937 1960 country and even the world. JAMES J. COLEMAN SR. (A&S ’34) TERRY O. TROWBRIDGE, director is through the use of listservs, electronic The most significant progress has has been reappointed by the Louisiana of the Center for Reduction of mailing lists that facilitate easy come in four cities where local chapter Bar Association as its representative on Religious-Based Conflict communication among alumni within committees have formed to assist in William K. Suter (L’62), clerk of the the 32-member Louisiana Judicial (www.Center2000.org), recently pub- generating an active network of gradu- U.S. Supreme Court, addressed a crowd chapter cities. More than 500 alums are Compensation Commission. He has lished a new book, Beyond Tolerance, ates: New Orleans, New York City, of more than 150 alums. She can be have a lot to learn from one another, currently subscribed to listservs in their been elected chairman of the commis- breaking fresh ground in the battle Washington, D.C. and Houston. reached at [email protected] and his hope is that the committee can sion, which researches and studies—and against religious-based conflict and vio- communities. To join the listserv in your Alumni chapters connect and involve or 504-582-1199. help its constituents use the resources then recommends to the legislature—the lence in the world. Trowbridge, who area, look up “Alumni Chapters” on the alumni with the law school and its cur- that exist within the Houston alumni salaries of all the judges in Louisiana. practiced international law in Europe Alumni Affairs section of the law school rent students. Alumni involvement not NEW YORK community. He can be reached at and the Middle East for more than 25 only creates a useful network for alums New York City has more Tulane Law [email protected] or website, www.law.tulane.edu. 1958 years working with NATO and acting as themselves, it also helps advance the School alumni than any other city 713-220-5810. ALLAIN C. ANDRY III received the arbiter for international organizations, law school recruiting efforts and can except New Orleans itself. Michael 2003 Arceneaux Professionalism Award brings his experience in conflict resolu- result in better job placement for our Littenberg responded to a call from the WASHINGTON, D.C. at the 79th annual dinner meeting of the tion to the fore in this book about a dis- chaired the Louisiana State Board of law grads who benefit from alumni alumni office with energy and enthusi- Bryant Gardner and his committee live New Orleans Bar Association in turbing and growing problem. Beyond Legal Specialization and is a member of involvement with the Career asm because he saw an opportunity to in a relationship-oriented town. In D.C., November 2003. The award is bestowed Tolerance discusses religious-based con- the House of Delegates, the Continuing Development Office. foster a sense of community among law it’s all about who you know. Tulane Law on a member whose practice has exem- flict, its causes and costs, and offers a Legal Education Committee and the Critical to the success of the burgeon- school alums in the New York area and School connections run very deep in the plified the highest levels of integrity, proposal toward its reduction. The book Antitrust Section of the Louisiana State ing alumni chapters is the leadership of to build a network of relationships with- nation’s capital and Gardner, along with honor and civility. Andry, senior partner is available in local and online book- Bar Association. He is a Fellow of the each local committee chair. The groups in its professional ranks. Littenberg the help of Heather Hodges and Kevin in the law firm Andry, Andry & stores or from the publisher at American College of Trial Lawyers, the are led by Rose McCabe LeBreton encourages alumni to contact someone MacMillan, is working to make the most Williamson, has served the bar in many www.1stBooks.com. American Academy of Appellate (L’76) in New Orleans, Michael on the committee about getting of those relationships. The D.C. commit- facets. He served as chairman for the Lawyers and the International Society of Littenberg (L’90) in New York, Brian involved. He and his committee have tee recently scored a huge success when Louisiana State Bar Association’s 1961 Barristers. Wittmann also was the 2000 Kilmer (L’98) in Houston, and Bryant been instrumental in hosting several they hosted a reception for Dean Section on Trusts and Estates and PHILLIP A. WITTMANN was recipient of the G. Duffield Smith Gardner (L’00) in Washington, D.C., local alumni events, including the recent Ponoroff with Rep. David Vitter (L ’88), Probate and Immovable Property Law installed as president of the New Outstanding Publication Award from the who has received significant help in the visit by Dean Ponoroff at The Univer- at the U.S. Capitol. The standing-room- from 1975–1976, and was a member of Orleans Bar Association at the associa- Defense Research Institute. D.C. area from Heather Hodges (L’01) sity Club in late April. He can be only crowd was a sure sign that the the House of Delegates from tion’s 79th annual dinner meeting on and Kevin MacMillan (L’00). reached at [email protected] event was well-received and that the 1974–1984. Andry served as president Nov. 20, 2003. He is senior name part- 1964 or 212-756-2524. local community is ready to put their of the American College of Mortgage ner of Stone Pigman Wittmann LLC and SAM MILLER, a partner in Orrick, NEW ORLEANS Tulane connections to work for one

Attorneys from 1982–1983, and as pres- is chair of the firm’s management com- Herrington, Suttcliffe, New York, trav- Rose LeBreton’s volunteer work for the HOUSTON another. Gardner can be reached at 2004 SPRING/SUMMER ident of the New Orleans Bar mittee. Wittmann practices in the area of eled to Northern Ireland in May 2003 law school began when she served as a Brian Kilmer heard whisperings of a [email protected] or Association from 1986–1987. Among antitrust, class actions and complex liti- with the Committee on International class agent for law school reunions and committee in the Houston area through 202-371-5893. other writings, Andry produced two arti- gation, commercial litigation, products Human Rights of the Association of the continues today with her service as the his work with the National Firm The Law Alumni and Law Develop- cles for the Louisiana State Bar Journal, liability and toxic tort litigation. He rep- Bar of the City of New York. Miller was first chair of the New Orleans Alumni Initiative and soon found himself nomi- ment offices are constantly striving to “The Interaction of State and Federal resented R.J. Reynolds Tobacco Co. in chair of the committee’s mission to Committee. She hopes the committee’s nated to head the new group. Kilmer reach out to the Tulane law alumni base SPRING/SUMMER 2004 Usury Laws on Immovable Property the long-running litigation involving assess Northern Ireland’s progress in work will organize and motivate local says he wouldn’t be where he is today if around the world. The work of local TULANE LAWYER Transactions” in 1981 and “Marital federal and state class actions. Wittmann reforming its criminal justice system. A alums to take advantage of opportunities not for his experience at Tulane, and he alumni chapters are important to the Status Declarations: A Trap for the has served as a member of the Civil report on the findings from that mission available at the Law School, which will says that a top priority of the committee ongoing success of these efforts. Please Unwary” in 1988. In 1987, Andry Rules Advisory Committee of the was recently released. “We were pleased enhance their practices and professional- is to let current students and recent grad- contact your local alumni chapter com-

TULANE LAWYER assumed chairmanship of Fidelity Judicial Conference of the United States with the remarkable progress made in ism. LeBreton recently rallied local uates know that there is a community in mittee about getting involved and attend- Homestead Association and maintains and a member of the House of Delegates many aspects of Northern Ireland graduates to attend the New Orleans Houston that supports Tulane Law ing the next Tulane Law School event in 28 that post today. of the American Bar Association. He has – continued page 30 Alumni Luncheon where Maj. Gen. School. Kilmer also realizes that alums your area. 29 ALMA MATTERS

1982 teen mother and high school dropout, 1986 advocacy on behalf of civil liberties, KATE MORROW has been nominated Krebs worked toward a high school JOHN McCABE is a magistrate judge Johnson also received the 2002 by Gov. Ed Rendell to diploma through correspondence study. in the District of Columbia Superior Benjamin E. Smith Civil Liberties replace retired judge Keith B. Quigley She went on to earn a bachelor of histo- Court, where he does family law, prima- Award from the ACLU of Louisiana on the Perry/Juniata County, Pa., bench. ry with highest honors, then a master of rily child abuse and neglect. This news and was honored by the Louisiana State A resident of New Bloomfield, Pa., arts and doctorate in European history was sent in by another Tulane law alum, Bar Association in 1989 and 2000 for Morrow is a general practitioner who from Tulane. She also earned a Fulbright NOEL THOMAS JOHNSON ’84, who her lifetime commitment to Louisiana’s has lived in Perry County since 1989. scholarship and studied in Madrid, holds the same position. Jane Johnson (left) receives the indigent through pro bono service. She and her husband, Lewis, have three Spain, before graduating from Tulane Wynn Professionalism Award. children, ages 17, 14 and 10. Law School. 1987 1975 JOHN G. ALLELO of the Baton ULYSSES GENE THIBODEAUX was 1983 1984 Rouge, La., law firm of McGlynn, – continued from page 28 installed as chief judge of the Louisiana GAIL AGRAWAL is a professor of law HON. ROLAND L. BELSOME has Glisson & Koch, has been selected to society but dismayed that agreed Third Circuit Court of Appeal on April and was recently appointed the associate been elected to the Louisiana Fourth work with the Central European and reforms in the criminal justice system 1971 16, 2004. Thibodeaux, the first chief dean for academic affairs at the Circuit Court of Appeal after serving as Eurasian Law Initiative, a public service have not yet been implemented, as well ALAN B. BOOKMAN (A&S ’69) has judge from the Lake Charles, La., area, University of Law a District Court Judge in Orleans Parish project of the American Bar Association, as by the reported lack of transparency been named president-elect of the is also the first African-American to School in Chapel Hill. for the past seven years. in its office in Sofia, Bulgaria. He will in the process,” Miller said. The Florida Bar Association. A partner in the hold the position and is the youngest serve as a Rule of Law Liaison in Sofia, Committee on International Human law firm Emmanuel, Sheppard & chief judge in the state. The Third PATRICIA A. KREBS (G ’76, ’80), a NOEL THOMAS JOHNSON is a working with an existing team of Rights has periodically monitored Condon of Pensacola, Fla., Bookman Circuit Court of Appeal is one of five partner at King, LeBlanc & Bland in magistrate judge in the District of Bulgarian and American legal profes- adherence to international human rights was first elected to represent the First appellate courts in the state and repre- New Orleans, recently made a presenta- Columbia Superior Court, where he sionals for at least one year. His work standards in Northern Ireland. The Judicial Circuit on the Florida Bar’s sents the largest geographical area, con- tion for young women entitled “Finding handles family law, primarily child will focus primarily on three areas: report on the most recent mission can be board of governors in 1996, and he has sisting of 21 parishes with a population Future: Goal Setting for Teens.” Once a abuse and neglect. 1) the development of an alternate found at http://www.abcny.org. held numerous leadership positions, of 1.2 million. It handles all appeals – continued page 32 including chairing the communications from the city, juvenile, family and JAMES H. ROUSSEL, a partner in the and legislation committees. Bookman district courts from the 21-parish area. firm of Phelps Dunbar, was the 2003 will be sworn in as president-elect at the Approximately 95 percent of the recipient of the Distinguished Maritime Bar’s June 2004 annual meeting in Boca opinions from the Third Court Lawyer Award from the New Orleans Raton, Fla., and will assume the presi- are final and not reviewed by the

Bar Association’s Maritime and dency in June 2005. Board-certified in Louisiana Supreme Court. Robert Shulman and Alan Fisch won International Law Committee. The real estate law, Bookman focuses his big-time verdicts for their clients last award is presented annually to a mem- practice in the areas of commercial and SANFORD TEPLITZKY has year. ber who is a highly respected maritime real property litigation, real estate law been listed in Chambers USA, attorney and contributes significantly to and probate and guardianship. Among America’s Leading Lawyers for the local admiralty bar. Roussel focuses his primary clients are real estate devel- Business 2004 The Client’s Guide, ALUMS SNAG TOP- his practice in the areas of marine insur- opers, bankers and investors. He also is a ranking of the country’s most RATED VERDICTS ance coverage disputes, cargo damage certified as a civil trial mediator by the widely-recommended lawyers and Tulane has a reputation for turning out The primary allegation was that insurers claims, maritime allisions and colli- Florida Supreme Court. law firms. He is the chair of the health top-shelf litigators, and two cases in failed to indemnify settlements paid out

sions, commercial transactions includ- law department of Ober-Kaler. 2003 reaffirm this point. In statistics in class action. The winning trial team Web-conferencing software. Lead trial 2004 SPRING/SUMMER ing financing (conventional, leveraged 1974 published by The National Law was led by Robert H. Shulman (L’79) counsel for the winning team was Alan lease and Title XI), ship construction JANE JOHNSON was awarded the 1976 Journal regarding last year’s jury of Howrey Simon Arnold & White of M. Fisch (L’94) of Howrey Simon contracts, salvage contracts, sales con- Michaelle Pitard Wynne Professionalism ROSE McCABE LeBRETON has verdicts, Tulane lawyers appear in Washington, D.C. Arnold & White of Washington, D.C. tracts, and ocean and inland chartering Award for 2004 by the New Orleans been made a member of The Steeg Law the top 10 in both the state court and The nation’s eighth largest 2003 You may have noticed that both alums agreements. He is a member of the Chapter of the Association of Women Firm, LLC, effective Jan. 1, 2004. federal court jury verdicts, at Nos. 4 federal court jury verdict came in are partners in the same firm. While SPRING/SUMMER 2004 Maritime Law Association of the United Attorneys. In addition to her duties as and 8 respectively. Imagexpo, LLC v. Microsoft their law school careers are separated by TULANE LAWYER States, is an associate member of the the director and supervising attorney of 1980 The nation’s fourth largest state Corporation (United States District 15 years, both recall that they were also Association of Average Adjusters in the the Tulane Law School Civil Litigation CHERYL AYLWARD WITESEL court jury verdict last year came in Court for the Eastern District of taught by Catherine Hancock, Shael United States and a subscriber of the Clinic, Johnson and her students are published her second historical novel International Paper v. Affiliated FM Virginia, Richmond Division). On Nov. Herman, and a few other of the same

TULANE LAWYER Association of Adjusters in London, as often appointed to represent civil rights for young adults, Blue Fingers: A Insurance Co. (San Francisco County, 14, 2003, the jury returned a verdict of Tulane law professors—speaking well well as an associate editor of American plaintiffs in the U.S. District Court. In Ninja’s Tale, in March. Her first book Calif.). On July 14, 2003, the jury $62.3 million. The primary allegation not only of the pupils, but of the stabili- 30 Maritime Cases. acknowledgment of her long history of was Rebel: A Tibetan Odyssey. returned a verdict of $383 million. was that Microsoft infringed a patent for ty and longevity of a great law faculty. 31 ALMA MATTERS

– continued from page 31 dispute resolution program as a compo- construction law and public contracts SHEILA MARZONI BOSSIER and nent of the country’s judicial system; 2) group. Patrick currently serves as chair former Madison and Rankin counties, the implementation of law school clini- of the board of directors for the Atlanta Miss., Circuit Court Judge John T. cal programs that address practical skills Bar Association, Construction Law Kitchens recently announced the forma- HOMETOWN MAYOR training for law students and provide Section and is division chair of the own- tion of Bossier & Kitchens, PLLC. The Last January, Heather McTeer-Hudson essential pro bono legal services to minor- ers and lenders divisions of American firm is located in Jackson, Miss., and made history. She’s just been a tad too ity communities; and 3) the development Bar Association’s Forum on the engages in a practice that includes gen- busy to give it much thought. Heather McTeer-Hudson of a centralized bar services network. Construction Industry. eral civil and commercial litigation as McTeer-Hudson (L ’01) was sworn in leads Greenville, Miss., well as white-collar criminal defense. as mayor of Greenville, Miss. on Jan. 5, into the 21st century. WILLIAM S. HELFAND has joined the GARY F. SEITZ has been named of breaking the barriers of both race and firm of Chamberlain Hrdlicka as director counsel to The Bayard Firm in KELVIN SANDERS has been appoint- gender to that office and launching what of the labor and employment section in Wilmington, Del. He also has been ed a city attorney in Alexandria, Va. He looks to be an energetic administration. the firm’s Houston office. He has a wide named Chapter 7 or Chapter 11 trustee previously worked for Deutsch, Kerrigan “I’m having a wonderful time,” she Greenville is the largest city in the Delta Although her husband handles most of range of significant trial experience, for several entities in both and Stiles in New Orleans. Sanders is says. “I love my job. It’s an opportunity to region of Mississippi and enjoys being a the day-to-day chores of operating the having tried more than 150 jury trials and Wilmington. Alexandria’s first black city attorney. serve and work with the people who have small town with a big-town feel. Over business, she is amazed by “all of the concentrating mostly in federal civil been part of my life since I was born.” the last eight years, however, the city behind-the-scenes work the two of us rights cases and litigation of local gov- LISA C. WINTER joined McGlinchey 1990 McTeer-Hudson says that the fact that has suffered the loss of almost 900 jobs, have to collaborate on.” ernmental liability and public interest Stafford’s General Litigation Section as ROBERT S. EITEL and his wife, Nan she is a native of Greenville who has says McTeer-Hudson. “But we’re just Both in business and politics, cases in both state and federal courts. an associate in the New Orleans office, Roberts Eitel, announce the birth of their been active in the community played a starting to come back. We have a great McTeer-Hudson says she has benefited where she concentrates on product first child, Makin James, on Feb. 6, large part in her election. “I think the labor force and a lot of skilled workers.” from her Tulane legal education. “We M. ISABEL MEDINA taught American liability defense. Her practice also 2004. The family lives in Slidell, La. people saw that I was a true child of She points to the relocation of came out of law school with the under- constitutional law to Greek law students encompasses insurance defense and Greenville. The community believed I Textron Fastening Systems, an interna- standing that as an attorney, you had a while on a Fulbright to the University of toxic tort defense. could do this because the community tional provider of engineered fastening role to play in the service of other peo- Athens in 2003. Upon her return last raised me. It’s that aspect that gave me systems, as a sign to good things to ple,” she says. “I was given not only a fall, she was endowed as the Ferris 1989 the footing and foundation to sit in this come. “We are a region that includes fine legal education but also learned Family Professor of Law at Loyola MARK R. BEEBE (A&S ’86), a part- office and do what I have to do.” everything from national retail chains to how to deal with people.” University New Orleans School of Law, ner with the law firm of Adams and And as she sees it, she has to do a lot. small mom and pop businesses.” “At the forefront was the notion of established in 2001 with a gift from one Reese LLP in the New Orleans office, “We have a major crime issue,” she McTeer-Hudson says she has an inti- change. We were given the message that of her former students, David Ferris, and has been named Litigation Practice says. “Any city’s first priority is the pro- mate understanding of what those small we could be community changers and his parents, Cornelius and Maureen Group Leader by the firm. In this capac- tection of its citizens. business owners have to deal with that message filtered through the air of Ferris. Medina has been teaching at ity, he joins fellow partners THOMAS “Along with that,” she continues, because she is one of them. She and her the courses, the air of the faculty, the air Loyola since 1991, prior to which she G. O’BRIEN (L ’79 A&S ’76) and Mark Beebe “comes economic development.” husband, Abe, own three locations of of the staff and became part of the air of practiced law with Arnold & Porter. Stephen A. Rowe to lead the firm’s With a population of 42,000, Lenny’s Sub Shop in the Delta region. the students.” Litigation Practice Group and practice 1988 teams including those in alternative dis- CHRISTOPHER BRUNO has been pute resolution, appellate advocacy, ERIC McNEIL has joined the Dwyer appointed by the Louisiana Supreme business litigation, class action, environ- Law Firm in Rockwall, . He con- Chinese businessman Wei Zhang’s 1999 licly fired following American Gem’s aspects of intellectual property, includ- Court to serve as a judge pro tempore in mental litigation and toxic tort, health- tinues to specialize in construction and suit against American Gem Seafoods and sale to parent corporation MCMI Food ing patent, trademark, copyright and Civil District Court, Parish of Orleans. care litigation, marine and energy, phar- insurance law, and also teaches trial its Texas-based parent corporation, Co. The case was appealed and the deci- trade secrets.

He will temporarily fill a vacancy creat- maceuticals/products liability and torts advocacy at the Southern Methodist charging the company with discriminato- sion upheld by the Ninth Circuit Court of 2004 SPRING/SUMMER ed by the recent election of Judge and insurance. Beebe has experience in University Dedman School of Law. ry treatment after he was demoted from Appeals, and on March 9, the U.S. JOSH ROMANOW is a partner at the Roland Belsome to the Fourth Circuit commercial litigation and corporate senior vice president and eventually pub- Supreme Court announced its decision Washington, D.C., firm of Pilsbury Court of Appeal. The appointment is counseling, including securities litiga- 1991 that it would not review the case further. Winthrop, focusing on travel law. effective through Oct. 31, 2004, or until tion, antitrust and fair competition, cor- SCOTT BLANKENSHIP of The His clients include major airlines, the vacancy is filled. Bruno has prac- porate governance and professional lia- Blankenship Law Firm of , Wash., MICHAEL D. PEGUES has been cruise lines, hotels and resorts, casinos, SPRING/SUMMER 2004 ticed civil litigation for more than 15 bility. He has been involved in multidis- was lead counsel in winning a major dis- appointed section head for the Litigation professional sports teams, trucking TULANE LAWYER years and is a partner in the law firm of trict litigation, class action litigation and crimination case, Wei Zhang v. American Section of Munsch Hardt Kopf & Harr companies, large travel agencies and Bruno and Bruno. has appeared before various federal dis- Gem Seafoods, et al., in U.S. District PC, . Pegues concentrates his online travel companies. trict courts of Louisiana, Mississippi Court, Western District of Washington. practice on intellectual property litiga-

TULANE LAWYER A. ELIZABETH PATRICK has joined and Pennsylvania, the state courts of The $3.1 million jury verdict, believed to tion in federal and state courts, as well JOHN T. WOOLDRIDGE, a com- Kilpatrick Stockton as partner in the Louisiana and courts of the District of be the largest individual race discrimina- as before the U.S. Patent and Trademark mander in the Judge Advocate General’s 32 firm’s Atlanta office, practicing in the Columbia. tion verdict in the Northwest, involved Office. He handles cases involving all Corps of the U.S. Naval Reserve, has 33 Michael Pegues ALMA MATTERS

SAVE THE DATE! been selected to be a Military Judge. He gifts and grants for the Greater malfeasance of corporate officers and and his wife have four children and live Medical Center Foundation. directors, and the representation of mul- in Houston. tiple investors in a successful suit to HOMECOMING 2004 STEVEN S. HEINRICHS has moved recover money stolen by a mutual fund 1992 to Atlanta, where he has taken a position adviser. Hearn is a member of the will take place Oct. 22-23 and will feature class reunions for the years JULIET YACKEL was recognized by leading the corporate and securities National Association of Criminal Amnesty International as the practice at Mariner Health Care Inc., a Defense Lawyers and the Federal Bar 1959, 1969, 1974, 1979 and 1984. “Abolitionist of the Year” for her work leading nursing home provider. He and Association. He is the co-author of on behalf of Indiana death-row inmate his wife, LINDA T. HEINRICHS “RCRA: An Update on Regulatory and Darnell Williams. She obtained a (G ’93), have three children: Tyler, 7; Legislative Reforms and Recent Judicial reprieve and DNA testing for Williams, Ryan, 5; and Olivia, 2. Actions” (Environmental Management write that they have a spunky 4-year-old, of the firm’s business litigation and write that they have a spunky 4-year-old, who was scheduled for an Aug. 1, 2003, Review, spring 1996) and “CERCLA: Meena, and a mellow 10-month-old, insurance practice groups and is a mem- Meena, and a mellow 10-month-old, execution. The case ignited intense pub- LAURA McNALLY has been named a Update on Recent Administrative and Oliver. Stacy left law-firm life last year ber of the Association of Business Trial Oliver. Stacy left law-firm life last year lic debate over the imposition of capital principal in the Chicago litigation law Legislative Reforms” (Environmental and started a maternity clothing website Lawyers. and started a maternity clothing website punishment in Indiana. firm of Grippo & Elden, LLC. Management Review, Spring 1996). (funkymomma.com). Rod manages (funkymomma.com). Rod manages Thomson West’s Southern PAUL FRIEDMAN and his wife, Toni, Thomson West’s Southern California 1993 PATRICK S. MENASCO has been SHANNAN L. HICKS has been government accounts and is back in welcomed their first child, Taylor Harris, government accounts and is back in STEPHEN G. CHARBONNET has elected of counsel at Steptoe & Johnson appointed to serve as the District 8 school at the University of California–Los on Feb. 25, 2004. Paul is executive school at the University of California–Los been elected partner of KPMG LLP in LLP in Washington, D.C., where he prac- Representative of the Louisiana State Angeles pursuing his MBA. director of business affairs in the Music Angeles pursuing his MBA. the firm’s Washington, D.C., office. He tices employee benefits investment law. Bar Association Young Lawyers Section Group at Sony Pictures Entertainment in provides tax services to corporate clients Council, as well as being appointed to PHILLIP BUDWICK co-authored Culver City, Calif. ALI NOVAK HAWTHORNE and her and joined the firm in 2001. He and his MARY KATHRYN HOGAN MOSS participate in Leadership LSBA 2003- a book entitled The Option Trader husband, David, announce the birth of family live in McLean, Va. and Parks Moss announce the birth of 2004. Leadership LSBA identifies future Handbook: Strategies and Trade VOLKER SCHAFER practices litiga- their daughter, Tess, on Aug. 14, 2003. their son, Henry Parks Moss IV, on Dec. bar leaders and provides opportunities to Adjustments, which was published in May. tion, bankruptcy and restructuring law They live in Mt. Kisco, N.Y., where Ali CHRISTOPHER R. GRAHAM has 5, 2003. He joins a big sister, Sarah, 2. witness and participate in the activities and was admitted to the bar in Germany is senior staff counsel for Fujifilm. been named senior counsel, The family lives in Savannah, Ga. of the state bar at all levels. Hicks is an L. SCOTT BROWN has joined the in 1997. He has been elected to partner Environment and Litigation, with Koch attorney with the Shreveport, La., firm Richardson, Texas, office of Jackson with the firm of Latham & Watkins, a CLAIRE JENKINS PORTER and her Industries in Wichita, Kansas. He previ- DAVID ZEIGLER and his wife, Janet, of Davidson, Jones and Summers, where Walker LLP as senior counsel in the global law firm with more than 1,500 husband, Stephen Robert Porter, ously was a partner at Hunton & welcomed the birth of a son, Patrick she practices in the areas of corporate, Business Transactions Section. His attorneys and 21 offices. Schafer is in announce the birth of their first child, Williams in Richmond, Va. James, on Nov. 14, 2003. Patrick joins a employment and probate. expertise is in assisting entrepreneurs the firm’s office in Frankfurt, Germany. Grace McMahon Porter, on Dec. 20, big sister, Annie. The Zeiglers live in the and emerging growth companies with 2003. Claire planned a year of maternity KENT A. LAMBERT has joined the Chicago area. CRAIG D. PIERSON started his own formation, financing and the establish- BOTHO STEINVORTH has been leave but will continue a part-time medi- 350-lawyer Memphis-based law firm of firm with partner Chris M. Kennedy on ment of strategic alliances and joint ven- appointed secretary-general for the ICC ation practice from her home. The fami- Baker, Donelson, Bearman, Caldwell & 1995 March 1, 2004. They have offices in tures, as well as commercial contracts Costa Rican Committee. ly lives in Connecticut. She writes that Berkowitz as a shareholder in its New BOI CARPENTER-MELLADY has Chicago and Lake Forest, Ill. Pierson He also advises clients on mergers and she was in KATIE WOLF Orleans office. His practice includes rep- been appointed director of development and Kennedy met while working in the acquisitions matters. TIM WIDMAN lives in Mountain MAHONEY’s wedding last September, resentation of a number of financial insti- for the Department of Surgery at the Lake County State’s Attorney’s Office, View, Calif., with his wife, Kami, and along with TRACEY WINGATE and tutions throughout the Gulf South in a Fund for Johns Hopkins Medicine, hav- prosecuting felonies and honing their UGO COLELLA was elected to part- their two dogs. He writes that he joined DAVID CONDRA. She invites any law wide variety of litigation matters includ- ing served since 2000 as a senior associ- trial skills, then the two worked together nership in Patton Boggs LLP in his father, Jeffrey Widman, in private alums to get in touch if they are passing

ing lender liability suits, bank deposit and ate director of development for the at a litigation firm in Chicago, winning a Washington, D.C., one year earlier practice in San Jose, Calif., two years through Connecticut. 2004 SPRING/SUMMER collection claims, and officer and director School of Medicine. 2002 defense verdict in a $30 million than anticipated. ago, which has given him “the advan- liability disputes. His practice includes products liability case on behalf of a tage of learning from a wise and patient DAVID VUKADINOVICH and his wife, both trial and appellate work including all ROBERT R. HEARN has been elected well-known boat manufacturer. Their ROBERT M. FINEMAN was elected teacher and has reaffirmed my belief that Elaine, announce the birth of a daughter, phases of class action practice. a partner of Zuckerman Spaeder LLP in firm (www.kennedypierson.com) spe- partner at Hancock Rothert & Bunshoft legal education must be more student- Sophia Maria, on March 11, 2004. The the firm’s Tampa, Fla., office. Hearn cializes in litigation on behalf of con- LLP’s home office in San Francisco, centered and not take the learning of any family lives in Santa Monica, Calif. SPRING/SUMMER 2004 1994 focuses his practice on complex civil lit- struction and insurance companies. where he has been practicing since 1996. student for granted.” TULANE LAWYER THERESA MARIE BOLD married igation, which has included the represen- Fineman’s practice focuses on commer- 1998 Robert Justin Law on March 27, 2004, tation of clients in Securities and 1996 cial and insurance litigation, with an 1997 MARCIA L. HANNEWALD has at the Hubbard Mansion on St. Charles Exchange Commission enforcement STACY PATTON ANDERSON and emphasis on complex insurance cover- ROD ANDERSON and STACY PAT- joined The Auto Club Group in

TULANE LAWYER Avenue in New Orleans. Bold has actions, the defense of complicated legal ROD ANDERSON ’97 live in Los age matters. He has trial and appellate TON ANDERSON ’96 live in Los Dearborn, Mich., as counsel for the moved to Baltimore, Md., to live with malpractice claims, the prosecution and Angeles and will celebrate their sixth experience with matters in California Angeles and will celebrate their sixth Office of the Corporate Secretary. Her 34 her husband and is the director of major defense of claims arising from the wedding anniversary in July 2004. They and Washington courts. He is a member wedding anniversary in July 2004. They experience includes work for Masco 35 ALMA MATTERS

MARK YOUR CALENDARS FOR APRIL 8-10, 2005— FESTIVAL!

Corp., Ford Motor Co., Michigan was born in March 2003. She worked for in Collective Bargaining—the NFL SPRING REUNION WEEKEND Consolidated Gas Co., and Johnson the presidency of Nicaragua in the pres- Salary Cap.” Controls Inc., where her practice areas idential advisors offices until last year, Law Classes of 1990, 1995, and 2000 were general corporate and business law, and is now planning to begin work in KEVIN McMILLAN has been named corporate governance, mergers, acquisi- the private sector. senior counsel to the House of Attention all 5, 10 and 15 year reunion classes! The law school will hold its Spring Reunion tions and divestitures, as well as interna- Representatives Committee on Financial tional law. At ACG, she assists the vice JASON THELEN is a captain with the Services, Washington, D.C. He also Weekend during the , an increasingly popular event that offers the best president and assistant corporate secre- U.S. Army, serving in Baghdad, Iraq. received an LLM in banking and securi- of local food and music without the high-priced airfare and hotel package rates of Fest. tary by providing support to the boards Since April 2003 he has been deployed as ties regulation from Georgetown Law of directors of ACG and its affiliated the international law officer of the 490th Center in May 2003. Make plans to join your classmates in New Orleans. entities and advising on corporate Civil Affairs Battalion, which is charged governance matters. with the post-war rebuilding of the gov- 2001 ernment and infrastructure of Iraq. JAY AUGUSTINE was elected executive LEON J. JACKLER (UC ’92) has been vice president of the Young Democrats of named legal adviser to the chief of the ETHAN YALE has accepted a tenure- America at the organization’s 2003 Consumer & Governmental Affairs track faculty position at George national convention. He also has joined SARAH MATHESON, an associate in 2003 Bureau of the Federal Communications Washington University. the newly opened Baton Rouge, La., the Health Section of Brown McCarroll RYAN BEASLEY married Lauren Commission. In that capacity, he pro- office of Middleberg Riddle & Gianna. LLP, recently married Noah Fink. They Kenning in New Orleans on Oct. 4, vides legal and policy counsel to the 2000 The firm has other offices in Dallas and live in Austin, Texas. 2003. The wedding party included fel- bureau chief and senior staff on wireless VIVIAN DE LAS CUEVAS-DIAZ New Orleans. Augustine previously prac- low law alums DAN ANGEL, NICK technology and international matters. practices real estate law with the firm of ticed with Adams and Reese LLP. LAUREN E. WILLIAMS has joined VLAHOS and BRIAN DeVOSS. He also is responsible for coordination Weiss Serota Helfman Pastoriza Guedes the firm of Laurie A. White & Beasley practices law in the New with other bureaus and offices at the Cole & Boniske with home offices in ANTONIO BAYON has joined alumni Associates LLC as an associate. The Orleans area and is an associate at AUTUMN TOWN has joined the firm commission. Jackler previously served Miami. She is also expanding her work LUIS N. SALDANA ’92, IAN P. CAR- New Orleans-based firm practices pri- Spyridon, Koch, Palermo & Dornan in of Laurie A. White & Associates LLC as as a staff attorney in the Wireless in the areas of land use, zoning and VA JA L ’95 and MANUEL SOSA ’01 marily criminal defense at the trial, Metairie, La. Kenning is a dental an associate. The New Orleans-based Telecommunications Bureau of the municipal law. in the admiralty practice of Saldana & appellate and post-conviction levels, in hygienist with the offices of Lawrence firm practices primarily criminal defense FCC, first in the Commercial Wireless Carvajal, PSC, in San Juan, Puerto Rico. both state and federal courts. Norton and Edward Vela in Algiers, La. at the trial, appellate and post-conviction Division and subsequently in the TERI GREMILLION married John levels, in both state and federal courts. Broadband Division. Gordon on Sept. 6, 2003, at St. Louis JOELLE BOWERS has been hired J. DAVID YARBROUGH JR. has PALANDA BROWNLOW has been Cathedral in New Orleans. Teri, a former as an associate at Beahm & Green in joined the Greensboro, N.C., law firm of selected a Senate Committee Aide for DEBORAH CLARK TREJO associate at Frilot, Partridge, Kohnke New Orleans. Adams Kleemeier Hagan Hannah & the 2004 Assembly legislative announces the birth of a son, Joaquin and Clements LC (New Orleans), now Fouts PLLC as an associate. He is con- session. She works directly with Sen. IN MEMORIAM Andres Trejo, on Sept. 2, 2003. He joins lives in London, where her husband LISA BETH CHESSIN (MBA ’01) centrating his practice in bankruptcy law. Rene Kemp of District Three and han- a big brother, Alejandro Cruz Trejo. The is an MBA candidate at London married Alfonso Lentini (MBA ’01) at dles specific legislation assigned to the Bat Sullivan ’38, of New Orleans family lives in Austin, Texas. Business School. St. Mary Assumption Church in New Special Judiciary Committee. Orleans on Feb. 7, 2004. The couple Andrew Bucaro ’49, of New Orleans 1999 ADAM W. HELLER has joined the plans to continue residing in Virginia. GREGORY C. FAHRENHOLT has Lucien Bertrand Jr. ’49, of Lafayette, La. RICHARD BRUCE GANTT and Columbus, -based firm of Lisa Beth currently works for the U.S. joined the firm of Shields Mott Lund 2004 SPRING/SUMMER LYNN ANNE GANTT (E ’92) announce Buckingham, Doolittle & Burroughs, Securities and Exchange Commission as LLP as an associate. Samuel C. Gainsburgh ’49, of New Orleans the birth of their second son, Graeme, on LLP, as vice president of a new sub- an attorney advisor in the Office of Nathan A. Levy Jr. ’52, of Morgan City, La. Dec. 21, 2003. They recently bought a sidiary, BDB Sports & Entertainment, Small Business Policy. ANGIE CHRISTINA is an associate house in Western Springs, in suburban LLC. Heller is a certified contract advis- with Leake & Andersson in New Carol Nesler ’74, of Portland, Ore. Chicago. Their first son, Jackson, is now er with the National Football League 2002 Orleans. SPRING/SUMMER 2004

Charles S. McKendrick Jr. ’60, of TULANE LAWYER 19 months old. Richard is in litigation Players Association and has assisted in CLARKE D. BELJEAN has joined the Adam Heller New Orleans practice in Chicago after spending several the negotiation of more than $200 mil- firm of Laurie A. White & Associates E. STEWART SPIELMAN has joined years in investment banking. lion in NFL contracts. While at Tulane, LLC as an associate. The New Orleans- McGlinchey Stafford’s Commercial Barbara Brice Brown ’89, of Biloxi, Miss. Heller was vice president of the Sports based firm practices primarily criminal Litigation Section as an associate in the Loren Letner ’01, of Jonesboro, Ark.

TULANE LAWYER CARLA PENALBA was married to Law Society and managing editor of The defense at the trial, appellate and post- firm’s office in Baton Rouge, La. He Alejandro Chamorro in 1999, and now Sports Lawyers Journal, where he later conviction levels, in both state and focuses his practice on bankruptcy and 36 has a 1-year-old boy, Alejandro, who published “Creating a Win/Win Situation federal courts. commercial finance. 37 ALMA MATTERS

CLASS REUNIONS

LLM class of ’99 Class of ’94

Class of ’89 Class of ’99 SPRING/SUMMER 2004 TULANE LAWYER 38 ALMA MATTERS 2004/2005 CALENDAR OF EVENTS DATE EVENT TITLE LOCATION 2004

June 10 ALUMNI RECEPTION in conjunction with the LSBA Acme Oyster House in TAX TOPICS FOR THE PHILANTHROPIC: 7-9 p.m. annual meeting in Sandestin, Fla. Baytowne Wharf Village June 13 NORTH CALIFORNIA ALUMNI Barrel Tasting Hanna Winery AN ATTORNEY’S GUIDE Noon-4 p.m. and BBQ Picnic Santa Rosa, CA June 29 GULF COAST ALUMNI RECEPTION 23633 Montebella Rd., Endowed Gifts Provide Lasting Support 7-9 p.m. Pass Christian, MS (Home of Topper (L’68) BY LIZBETH TURNER (L’85) and Susan Thompson) July 13 WASHINGTON, D.C. STUDENT SEND-OFF PARTY Harry’s Saloon Time 6-7:30 p.m. 436 11th St., NW

Although donors and their advisers July 15 NEW YORK CITY STUDENT SEND-OFF PARTY Location TBA often focus on the tax advantages of ENDOWED FUNDING GUIDELINES Time TBA

charitable giving, it also is important to July 20 BATON ROUGE/ACADIANA STUDENT SEND-OFF PARTY Location TBA Tulane recently adopted new endowment funding guidelines. Here are a few examples consider how the gift will be used and Time TBA of the minimum amounts required for various purposes: administered by the charitable donee. July 21 HOUSTON STUDENT SEND-OFF PARTY Akin Gump, et al The donor should decide whether the Named partial scholarship or fellowship $20,000 111 Louisiana, 44th floor gift will create an endowed fund or a Early career professorship $100,000 nonendowed fund. Professorship $500,000 * July 22 NEW ORLEANS ALUMNI RECEPTION for entering Mother’s Next Door Named honor scholarship or fellowship $600,000 5:30 p.m. New Orleans students 400 Poydras St. An endowed fund exists in perpetuity, Chair $1,500,000 * Sept. 15-17 LATIN AMERICAN LAW INSTITUTE Hyatt Hotel with only the income available for the University Chair $3,000,000 * charity to spend as directed by the Deanship $5,000,000 Oct. 9 JAPAN ALUMNI LUNCHEON The Tokyo Dome Hotel donor. The payout from an endowed Time TBA Tokyo fund may include not only income such Oct. 13 EASON-WEINMANN LECTURE: “The Common Laws Weinmann Hall as dividends and interest, but also capi- • * Because a chair established for less than $3 million does not generate the annual income required for a new position at the Law School, it will ordinarily be awarded 6 p.m. of Europe and Louisiana” by Prof. Patrick Glenn tal gain. to an existing faculty member. Other schools and colleges of Tulane may require a of McGill University Law School. (Reception to follow.) Donors interested in establishing an higher minimum amount for a chair or professorship in a particular discipline. Oct. 20-22 54TH TULANE TAX INSTITUTE Sheraton New Orleans Hotel endowed fund should obtain from the • In some cases, it may be possible to apply for matching funds from the Louisiana charity information about its manage- State Board of Regents for chairs and professorships. Such matching funds are not Oct. 22 LAW SCHOOL HOMECOMING COCKTAIL PARTY Weinmann Hall ment of endowed funds, its endowment included in these minimums, but would be in addition to the amounts shown. 5-6:30 p.m • If a bequest written today is designated for an endowed fund, the required minimum payout policy, and past performance of Oct. 23 LAW SCHOOL TENT IN HOMECOMING VILLAGE (outside of Tad may be higher by the time Tulane actually receives the bequest. its endowed funds. Many charities Time TBA Gormley Stadium) require a minimum amount to establish a Oct. 22-23 REUNIONS for Law Classes of 1959, 1969, named endowed fund. (Please see chart). Endowed funds are especially suitable lished for any amount. Nonendowed 1974, 1979 and 1984 for memorializing the donor or the funds are not permanent and are spent 2005 donor’s family and friends through the until they are depleted. TIP: A DONOR SHOULD DISCUSS name of the fund. A donor who wishes A donor should discuss the proposed January 5 SAN FRANCISCO ALUMNI RECEPTION in conjunction with Location TBA the Association of American Law School’s annual conference to create a named endowed fund should use of any substantial gift—endowed or THE PROPOSED USE OF ANY clearly state in the gift document his or nonendowed—with representatives of March 16-18 ADMIRALTY LAW INSTITUTE her intention to create such a fund. the charity before making a gift. By SUBSTANTIAL GIFT—ENDOWED March 18 ADMIRALTY ALUMNI REUNION Location TBA Since endowed funds are permanent, doing so, the donor can clarify any ques- 1:30 p.m. it is a good idea for the donor to permit tions about his or her intent. Also, the OR NONENDOWED—WITH April 1 LAW REVIEW BANQUET some flexibility if the fund is designated charity can help the donor match his or April 7-10 REUNIONS for Law Classes of 1990, 1995 and 2000 Locations TBA REPRESENTATIVES OF THE for a particular use. Allowing for an her interests with the needs of the chari- In conjunction with French Quarter Festival alternative use or granting the charity ty and provide sample language estab- SPRING/SUMMER 2004 CHARITY BEFORE MAKING A discretion to change the use if the origi- lishing an endowed fund. May 20-21 LAW CLASS OF 1955 50TH REUNION Location TBA nal purpose is no longer feasible can Time TBA GIFT. BY DOING SO, THE DONOR ensure that the fund will continue to May 21 UNIFIED COMMENCEMENT Louisiana Superdome meet the charity’s long-term needs and For more information about endowed Time TBA

TULANE LAWYER CAN CLARIFY ANY QUESTIONS be used in a manner most closely funds and planned gifts, contact Tulane’s May 21 LAW SCHOOL DIPLOMA CEREMONY Morris F. X. Jeff approximating the donor’s wishes. Office of Planned Gifts at 800-999-0181 Time TBA Municipal Auditorium 40 ABOUT HIS OR HER INTENT. A nonendowed fund may be estab- or at [email protected]. Questions? Contact Ellen Brierre, Director of Law Alumni Affairs at (504) 865-5920 or [email protected]. NON-PROFIT ORGANIZATION U.S. POSTAGE PAID NEW ORLEANS, LA PERMIT NO. 2697 TULANE UNIVERSITY LAW SCHOOL JOHN GIFFEN WEINMANN HALL 6329 NEW ORLEANS, LA 70118

ADDRESS SERVICE REQUESTED

ONLINE ALUMNI DIRECTORY/CLASS NOTE “While the challenges ahead are Tulane Law School is compiling an online alumni directory, which can be accessed from the law school’s home page on the World Wide Web (http://www.law.tulane.edu). not inconsiderable, I can’t help The directory is an entirely voluntary effort, and by adding your listing you can reconnect with former classmates, share business leads and establish new friendships. If you would like to be included on the list, go to the law school’s website, click on but reflect with pride and satis- “Alumni,” and follow the directions. faction on how far we’ve come Send to Ellen Brierre, Director of Alumni Relations and how bright the prospects are Tulane Law School, Tulane University 6329 Freret St. New Orleans, LA 70118 for us to attain our ambitious Fax 504-862-8578 Or fill out the online form at http://www.law.tulane.edu/alumni/alumni/noteschangeform.cfm. goals in the future.” Name ______Class Year______

— Dean Lawrence Ponoroff Home Address ______

City ______State______Zip ______

Phone ______Is it new? ______

Company Address ______

City ______State______Zip ______

Phone ______Is it new? ______

Email ______

Comments______

______