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Fbanewsletter www.fbamich.org FBAnewsletterWinter 2009 Federal Bar Association - Eastern District of Michigan Chapter - 51 years of service to our Federal Bench and Bar McCree Award Luncheon February 19 President’s Column Barbara L. McQuade The Chapter will hold its annual Wade Hampton McCree Jr. Luncheon on Thursday, February 19, 2009 at the Atheneum Key Contributors Hotel. The reception will begin at 11:30 a.m. and the Luncheon This column focuses on key contributors at noon. to our Chapter. One group of key contribu- tors is our Pro Bono Committee. Enhancing The keynote speaker will be Marc Morial, President and CEO pro bono service was one of our Chapter’s of the National Urban League. Mr. Morial grew up in New Or- main goals for the year, and the Pro Bono leans’ Seventh Ward and served for two terms as Mayor of New Committee has stepped up to the challenge Orleans (1994-2002), thus following in the footsteps of his father, with excellent results. Ernest H. “Dutch” Morial, the first African-American mayor of John Nussbaumer, Rick Haberman and The Crescent City. Mr. Morial received a BA from the University Patrice Arend co-chair the Chapter’s Pro of Pennsylvania and his JD from Georgetown University. He Bono Committee. Immediate Past-Presi- has held his present leadership position with the National Urban dent Mark Goldsmith, a longtime chair of the League since 2003, and he now resides in New York City. Mr. Pro Bono Committee, serves as an officer Morial is a very dynamic speaker. liaison. This group met with the District (continued on page 2) Court’s Pro Bono Committee in August to discuss ways to serve the Court’s pro bono needs. The Court’s Pro Bono Committee, Nominations For Gilman Award chaired by Judge Denise Page Hood, in- Luncheon To Be Held On April 8 cludes Judge Paul D. Borman, Judge Arthur J. Tarnow, Judge Victoria A. Roberts, and Judge Thomas L. Ludington. The Leonard R. Gilman Award Luncheon will be held on Together, these two committees identi- Wednesday, April 8, 2009, at the Atheneum Hotel. The featured fied a need to provide legal services for the speaker will be John A. Rizzo, the Central Intelligence Agency’s flood of cases that have been filed by pro se Acting General Counsel, whose distinguished career of govern- litigants involving mortgage foreclosures. In ment service at the CIA spans more than 30 years. Advance tickets response, they recruited 50 lawyers and law are now available for purchase on the Chapter website. students to provide legal services and orga- In addition, nominations are being accepted for the Gilman nized a training program to be conducted in Award, which is annually given to an outstanding practitioner February. Lawyers in the program will then of criminal law who ex- be assigned to handle these foreclosure INSIDE THIS ISSUE emplifies the excellence, cases in District Court. The pro bono mortgage foreclosure train- Supreme Court Preview pg.2-3 professionalism, and com- mitment to public service of ing program is scheduled for February 11th and 12th at the Sheraton Detroit Novi, lo- Tidbits & Trivia pg.3-5 Len Gilman, who was U.S. cated at 21111 Haggerty Road, near I-275 Calling All Law Clerks pg. 5 Attorney at the time of his (Eight Mile Road exit), in Novi . Instructors Social Security Seminar pg.5 death in 1985. are private practitioners as well as career For more information legal services lawyers from the Michigan Featured Member about Mr. Gilman, the Lun- Geneva S. Halliday pg.7 Poverty Law Program, Detroit Legal Aid cheon, or to place a nomi- and Defender, Michi- Passing of the Gavel pg.8-9 nation visit our website, gan Legal Services Special Dave Weaver pg. 10 contact Chapter Executive and Legal Services of South Central Michi- WINNER Director Brian Figot at 6 YEARS Rakow Recap pg. 11 248-358-0870 x-11 or at gan. Interested law- yers may register for National FBA Holiday Fun Photos pg. 12 [email protected] or Outstanding Gilman Award Committee training or a case as- N e w s l e t t e r Executive Board pg. 13 signment by contact- Chair Mike Leibson at 313- A w a r d ing Sabrina Wescott Committee Chairs pg. 14-15 226-9615 or at michael. (continued on page 2) [email protected]. 1 McCree Luncheon (from page 1) President’s Column (continued) at [email protected] or 248.751.7800.ext. The Wade Hampton McCree, Jr. Award for the Advance- 7778 or Julie Tiffany at [email protected] or ment of Social Justice will be presented at the Luncheon. The 248.751.7800.ext. 7784. Award honors individuals or organizations who have made significant contributions to the advancement of social justice. John Nussbaumer has These contributions may include advancing social justice in spent his entire career in areas involving poverty, promoting economic or educational public service. He cur- opportunity, or fighting discrimination involving race, gender, rently serves as associ- ethnicity, national origin, religion, or economic status. The ate dean at the Thomas recipient may be selected from any field of endeavor includ- M. Cooley Law School in ing law, social service, community organization, volunteer charge of the Auburn Hills activities, journalism, teaching and academic research. campus. John worked for many years as a public For those affiliated with organizations that are sponsors defender at the State Ap- of the 2008-2009 Luncheon Series, tickets likely are available John Nussbaumer pellate Defender’s Office, through your organization. representing indigent cli- For others, the charge for the luncheon is $25 for FBA ents in the Michigan and Federal courts. He members and $30 for non-members. Tickets are available has been recognized nationally for his work in on-line at www.fbamich.org, or by sending a check payable access to justice and improving diversity in law to FBA, Eastern District of Michigan Chapter, to Brian Figot, schools. Executive Director, 30100 Telegraph Road, Suite 428, Bing- ham Farms, MI 48025. Rick Haberman practic- es commercial litigation at Dickinson Wright in Detroit, where he serves as the firm’s pro bono coordinator. Rick’s Supreme Court Preview – leadership generated 4,000 Civil Cases hours of pro bono services by attorneys at his firm in by M Bryan Schneider* 2008. Rick also serves as vice chair on the board of di- The upcoming Supreme Court term promises to once rectors for the Legal Aid and Rick Haberman again provide a host of decisions impacting federal practitio- Defender Association. ners.** As of the opening of the Court’s October 2008 Term, the Court had granted certiorari in 58 cases, a significant Patrice Arend practices at increase over the 47 cert. grants that had been issued by the the law firm of Jaffe, Raitt, start of the 2007 Term. Heuer, and Weiss in South- On the civil side of its docket, the Court will consider field. She practices commer- a number of cases involving civil rights and employment cial litigation and employment discrimination. Most significantly, the Court will consider: law. Patrice has organized training programs for the whether the method for analyzing claims of qualified immu- Chapter’s pro bono committee nity in § 1983 suits established in Saucier v. Katz should be for many years. overruled (Pearson v. Callahan, No. 07-751). Patrice Arend The Honorable Mark Gold- In the civil rights area the Court will also consider: smith serves as an Oakland • whether a state’s withdrawal of jurisdiction from County Circuit Judge. As Immediate Past-Presi- state courts of general jurisdiction for claims against dent, Judge Goldsmith continues to contribute state prison employees also precludes § 1983 claims to the Chapter’s pro bono efforts. (Haywood v. Drown, No. 07-10374); Our Chapter recognizes and values the • whether the implied right of action under Title IX, contributions of John, Rick, Patrice and Mark, prohibiting sex discrimination in education, precludes whose efforts will provide individuals with well- a remedy under § 1983 (Fitzgerald v. Barnstable trained lawyers to handle their cases, will assist School Comm., No. 07-1125); the Court by insuring that litigants are well-rep- resented, and will serve the cause of justice. • whether a conclusory allegation that a high-ranking official knew of a subordinate official’s unconstitu- tional acts is sufficient to state a claim against that 2 high- ranking official (Ashcroft v. Iqbal, No. 07- within the exclusive permitting authority of the Corps 1015); (Coeur Alaska, Inc. v. Southeast Alaska Conservation • and the extent of a supervising prosecutor’s abso- Council, No. 07-984; Alaska v. Southeast Alaska Conser- lute immunity for claims based on the suppression vation Council, No. 07-990). of exculpatory evidence (Van de Kamp v. Gold- Finally, the Court will consider whether the Navy stein, No. 07-854). must complete an environmental impact statement before employing mid-frequency active sonar (Winter v. Natural In employment discrimination cases, the Court will Resources Defense Council, No. 07-1239). consider: *Bryan Schneider is a career law clerk to Magistrate • whether an arbitration clause in a collective bar- Judge Paul J. Komives. gaining agreement which waives union members’ **Since the submission of this article, the Supreme rights to a judicial forum for statutory discrimina- Court has decided the Pearson, Fitzgerald and Crawford tion claims is enforceable (14 Penn Plaza LLC v. cases. Pyett, No. 07-581), • the interplay between the Pregnancy Discrimina- tion Act and Title VII (AT&T Corp. v. Hulteen, Tidbits and Trivia No. 07-543), by Brian Figot • and the scope of Title VII’s anti-retaliation provi- sion (Crawford v. Nashville and Davidson County, Tenn., No.
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