No. 99-372
In the Supreme Court of the United States
October Term, 1999
In re CARL BERNOFSKY, Petitoner
DR. CARL BERNOFSKY, Plaintiff - Petitioner, v.
ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND (TULANE UNIVERSITY SCHOOL OF MEDICINE), Defendant - Respondent,
Petition for Writ of Mandamus
Petitioner’s Reply Brief
CARL BERNOFSKY 6478 General Diaz Street New Orleans, Louisiana 70124 (504) 486-4639
Petitioner, Pro Se QUESTION PRESENTED FOR REVIEW
Respondent, Administrators of the Tulane Educational Fund, has called into question the relationship of the Honorable Ginger Berrigan with Tulane University. Petitioner, Dr. Carl Bernofsky, by means of the documentary evidence appended herewith, corrects errors of fact introduced by respondent.
i TABLE OF CONTENTS
QUESTION PRESENTED FOR REVIEW ...... i
TABLE OF CONTENTS...... ii
STATEMENT OF THE CASE...... 1
JUDGE BERRIGAN’S ADJUNCT PROFESSORSHIP...... 1
JUDGE BERRIGAN’S BOARD MEMBERSHIP ...... 2
TULANE’S AMISTAD RESEARCH CENTER ...... 3
CONCLUSION...... 3
SIGNATURE ...... 4
APPENDIX...... A-i
TABLE OF CONTENTS ...... A-i
EXHIBITS ...... A-1
ii STATEMENT OF THE CASE
I. Judge Berrigan’s Adjunct Professorship
Respondent makes the claim that Judge Berrigan is not an adjunct faculty member at Tulane University and that her only involvement with teaching at Tulane was as a substitute teacher for the course taught by Judge Charles Schwartz, Jr. Respondent’s Brief in Opposition, at 4.
Despite these assertions, Federal District Court Judge Ginger Berrigan was Adjunct Associate Professor of Law at Tulane University for many years and taught the course, Trial Advocacy, during the 1995-96 academic year. Appendix, at A-1 & A-2. Since then, Judge Berrigan has maintained a professional association with Tulane through her continued participation in the Law School’s Judicial Externship Program (Appendix, at A-3 to A-5), and as a substitute instructor for the course, Federal Practice & Procedure: Trials, taught by Adjunct Professor, Federal District Court Judge Charles Schwartz, Jr. Appendix, at A-6 & A-7.
Judge Berrigan’s desire to continue her professional relationship with Tulane as adjunct professor is demonstrated by her intention to participate in the Law School’s Judicial Externship Program until at least 2000, as evidenced in the current Tulane Law School Catalog. Appendix, at A-5.
From petitioner’s prior knowledge, Tulane’s adjunct faculty appointments are made for periods of one or more academic years that begin on July 1st and end the following June 30th. Tulane’s latest claim that “Judge Berrigan is not an adjunct faculty member,” indicates that her latest appointment was allowed to lapse or not renewed, perhaps as a means of “damage control.” This also raises the possibility of ex parte communications between the Judge and defendant.
The non-renewal of Judge Berrigan’s adjunct appointment, coupled with Tulane’s vigorous efforts to refute her association -1- with defendant and justify her right to sit in the proceedings currently before her, implies that Judge Berrigan may be more valuable to Tulane as a judge than as a teacher. These actions raise a material question of Tulane’s underlying motivation in its strenuous opposition to an impartial judge.
II. Judge Berrigan’s Board Membership
Respondent makes the claim that Judge Berrigan’s membership on the Board of Directors of Tulane University’s Amistad Research Center ended in 1994, just before petitioner filed his first lawsuit against Tulane in January, 1995. Respondent’s Brief in Opposition, at 3.
Despite respondent’s assertion, Federal District Court Judge Ginger Berrigan reported in the 1995, 1996, and 1997 editions of the Almanac of the Federal Judiciary that she had a continuing membership in Tulane’s Amistad Research Center during all of those years. Appendix, at A-8 to A-10. The Almanac of the Federal Judiciary is updated twice annually, allowing her adequate opportunities to make earlier corrections. Moreover, Judge Berrigan never indicated that those entries were erroneous when her membership on Amistad’s Board of Directors was pointed out in petitioner’s initial motion for her recusal. Bernofsky v. Tulane, Civil Action No. 98-1792, Docket No. 18 (E.D. La. Oct. 15, 1998).
It was only after petitioner had discovered Judge Berrigan’s continuing membership in Tulane’s Amistad Research Center and raised objections to her adjudication in his lawsuits against Tulane that Judge Berrigan altered her record. The altered record appears in the Almanac of the Federal Judiciary for 1998. Appendix, at A-11. It creates the appearance that Judge Berrigan did not serve as a director of a Tulane research center during the time that she presided in petitioner’s lawsuits against Tulane. Respondent now utilizes this newly-created record to support the claim that Judge Berrigan was not associated with the defendant
-2- when she sat in petitioner’s cases against Tulane. This appears to be another attempt at “damage control.”
III. Tulane’s Amistad Research Center
Tulane is justifiably proud of its Amistad Research Center and represents it publically as a Tulane University affiliate in newspapers and directories. Appendix, at A-12 & A-13, respectively.
Far from being an independent entity, the Amistad Research Center takes its place among the many centers established at Tulane University. Appendix, at A-14. Despite respondent’s assertion of Amistad Center’s total independence, the Center is subject to many of the same regulations imposed by Tulane on other centers located on its campus, and the financial and other material support that the Amistad Center receives from Tulane, as outlined in the initial Petition, is undisputed.
The integration of Amistad’s key administrative personnel (Appendix, at A-15) into the Tulane family is exemplified by the listing of Amistad’s Executive Director and Comptroller in Tulane University’s Directory for Faculty and Staff. Appendix, at A-16 & A-17, respectively.
CONCLUSION
The arguments for mandamus put forth in the initial Petition remain unchanged, except they have acquired greater significance as a result of respondent’s recent claims that were clearly intended to mislead this Honorable Court.
That the Honorable Ginger Berrigan, Judge of the United States District Court for the Eastern District of Louisiana, willfully concealed her material and long-term association with the defendant during the years that she sat in judgment of petitioner’s lawsuits against Tulane University is undisputed. To offset this
-3- state of affairs, respondent has attempted to minimize the significance of Judge Berrigan’s association with the defendant. However, as demonstrated herein, respondent could accomplish this only by relying on misrepresentations of fact.
The extraordinary behavior of Judge Berrigan warrants the extraordinary remedy afforded by mandamus. For the reasons stated here and in the initial Petition, petitioner, Dr. Carl Bernofsky, respectfully prays that a writ be issued by this Honorable Court directed to respondent, the Honorable Ginger Berrigan, Judge of the United States District Court for the Eastern District of Louisiana, directing her to vacate her order denying petitioner’s motion for recusal and disqualify herself from presiding in the action now pending before her, and to grant all other relief as the Court may deem proper.
Respectfully submitted,
Oct. 7, 1999 s/ Carl Bernofsky Date Carl Bernofsky, Petitioner Pro Se (In Proper Person) 6478 General Diaz Street New Orleans, Louisiana 70124 (504) 486-4639
-4- APPENDIX
TABLE OF CONTENTS
Exhibit 1 Online catalog listing of the 1995-1996 Trial Advocacy Faculty, showing Judge Berrigan as Associate Professor, excerpted from the Tulane Law School Web site ...... A-1
Exhibit 2 Listing of the 1995-1996 Trial Advocacy Faculty, showing Judge Berrigan as Associate Professor, excerpted from the Tulane Law School Catalog for 1995-96, p. 104...... A-2
Exhibit 3 Listing of the 1996-1997 Judicial Externship Faculty, showing Judge Berrigan’s participation in this program, excerpted from the Tulane Law School Catalog for 1996-97, p. 107 ...... A-3
Exhibit 4 Listing of the 1997-1998 Judicial Externship Faculty, showing Judge Berrigan’s participation in this program, excerpted from the Tulane Law School Catalog for 1997-98, p. 103 ...... A-4
Exhibit 5 Listing of the 1998-2000 Judicial Externship Faculty, showing Judge Berrigan’s intention to continue her participation in this program, excerpted from the Tulane Law School Catalog for 1998-2000, p. 103...... A-5
A-i Exhibit 6 Description of Judge Berrigan’s teaching activity as a substitute instructor for Judge Charles Schwarz’s section of the course, “Federal Practice & Procedure: Trials,” from Bernofsky v. Tulane, Civil Action No. 98-1792, Docket No. 24 (E.D. La. Nov. 23, 1998) ...... A-6
Exhibit 7 Course description of “Federal Practice & Procedure: Trials,” offered in sections, including the one taught by Judge Charles Schwarz, excerpted from the Tulane Law School Catalog for 1998-2000, p. 55...... A-7
Exhibit 8 Judge Berrigan’s curriculum vitae for 1995, showing her continuing board membership on Tulane’s Amistad Research Center, excerpted from the Almanac of the Federal Judiciary, 1995, Vol. 1, 5th Circuit, p. 3...... A-8
Exhibit 9 Judge Berrigan’s curriculum vitae for 1996, showing her continuing board membership on Tulane’s Amistad Research Center, excerpted from the Almanac of the Federal Judiciary, 1996, Vol. 1, 5th Circuit, p. 3...... A-9
Exhibit 10 Judge Berrigan’s curriculum vitae for 1997, showing her continuing board membership on Tulane’s Amistad Research Center, excerpted from the Almanac of the Federal Judiciary, 1997, Vol. 1, 5th Circuit, p. 3...... A-10
A-ii Exhibit 11 Judge Berrigan’s curriculum vitae for 1998, indicating that her board membership on Tulane’s Amistad Research Center ended in 1994, excerpted from the Almanac of the Federal Judiciary, 1998, Vol. 1, 5th Circuit, p. 3 ...... A-11
Exhibit 12 Tulane’s public representation of the Amistad Research Center as a Tulane affiliate, excerpted from the local newspaper, Gambit Weekly, July 21, 1998, p. 47 ...... A-12
Exhibit 13 Tulane’s public listing of the Amistad Research Center as a Tulane subsidiary, excerpted from the Greater New Orleans White Pages, Business Section, 1998-99, p. 283...... A-13
Exhibit 14 The Amistad Research Center as one of many Tulane Centers, taken January, 1999 from Tulane’s Web site, Tulane Academic Resources - Centers ...... A-14
Exhibit 15 Listing of Amistad Research Center Staff, taken January, 1999 from Tulane’s Web site, Amistad Research Center Home Page - Staff ...... A-15
Exhibit 16 Listing of Donald Devore, Executive Director of Amistad Research Center, in Tulane’s Online X.500 Directory for Faculty and Staff, taken January, 1999 from Tulane’s Web site ...... A-16
A-iii Exhibit 17 Listing of Alvery Rodney, Comptroller of Amistad Research Center, in Tulane’s Online X.500 Directory for Faculty and Staff, taken January, 1999 from Tulane’s Web site ...... A-17
A-iv Exhibit 1
Online catalog listing for the 1995-1996 Trial Advocacy Faculty, showing Judge Berrigan as Associate Professor, excerpted from the Tulane Law School Web site.
A-1 4
\
James A. Cobb Jr. Professor and Director(spring), JD, Tulane University Lynn Luker Professor and Director (fall), JD, LLM in Admiralty, LI Julian Rollins Murray Professor and Director (fall and spring), JD, Tulane Uni Associate Professors Michael Allweiss JD, Tulane University Judy Barrasso JD, Tulane University r Roland Belsome I JD, Tulane University i Raul Bencomo I JD, Louisiana State University Allan Berger I JD, Loyola University (La.)
The Honorable Ginger Berrigan ~ JD, Louisiana State University James E. Blazek Exhibit 2
Listing of the 1995-1996 Trial Advocacy Faculty, showing Judge Berrigan as Associate Professor, excerpted from the Tulane Law School Catalog for 1995-96, p. 104.
A-2 j
·ii 1995-96 TRIAL ADVOCACY Michael Bollman 1 FACULTY JD, Tulane University
James A. Cobb Jr. Marie Bookman Professor and Director (spring), JD, JD, Loyola University (L 4 Tulane University I Joy Goldberg Brau: I Lynn Luker JD, Tulane University ~ Professor an Michael Allweiss William S. Culver 1 JD, Tulane University JD, Loyola University Judy Barrasso Samuel S. Dalton JD, Tulane University JD, Loyola University (L Roland Belsome Michael H. Ellis JD, Tulane University JD, Tulane University Raul Bencomo Deborah Foshee JD, Louisiana State University JD, Tulnlle University Allan Berger The Honorable Edw, JD, Loyola University (La.) JD, Louisiana State Univ, +, The Honorable Ginger Berrigan Constantine Georg JD, Louisiana State University JD, Tulane University James E. Blazek Robert Glass JD, Loyola University JD, University of Pennsy'. Exhibit 3 Listing of the 1996-1997 Judicial Externship Faculty, showing Judge Berrigan’s participation in this program, excerpted from the Tulane Law School Catalog for 1996-97, p. 107. A-3 rn Rosen Roslyn Taylor me University JD. Tulane University 11 B. Schwartz Peter M. Thomson me University JD, Tulane University )inha The Honorable Max Tobias me University JDl Tulane University i I A. Solomon Campbell E. Wallace ne University JD, Tulane University ears Irving Warshauer ne University JD, Tulane University d Stanley Stephen L. Williamson ·ard University JD, Louisiana State University ;, Strasser Robert Winn h.ington & Lee University JD, Loyola University (La.) JUDICIAL EXTERNSHIP FACULTY United States District Court Judges The Honorable Morey Leonard Sear Director, Judicial Extemship Program JD, Tulane University The Honorable Ginger Berrigan JD, Louisiana State University The Honorable Edith Brown Clement JD, Tulane University Kirsten Engel Exhibit 4 Listing of the 1997-1998 Judicial Externship Faculty, showing Judge Berrigan’s participation in this program, excerpted from the Tulane Law School Catalog for 1997-98, p. 103. A-4 Peter M. Thomson The Honorable El, JD. Tulane University JD, Tulane University The Honorable Max Tobias The Honorable M, JD, Tulane University Feldman LLB, Tulane Universit~ Campbell E. Wallace JD, Tulane University The Honorable rJ Lemmon Stephen L. Williamson JD, LoyolaUniversity 1 JD, Louisiana State University · The Honorable H, Robert Winn Mentz Jr. JD. Loyola University (La.) LLB, Louisiana State l JUDICIAL EXTERNSHIP The Honorable G. FACULTY Porteous JD, Louisiana State Un United States District Court Judges The Honorable Sa JD, Tulane University The Honorable Morey Leonard Sear United States M, Director. Judicial Extemship Program JD, Tulane University The Honorable Al JD, Tulane University + The Honorable Ginger Berrigan JD, Louisiana Slate University The Honorable Re Fonseca The Honorable Edith Brown JD, Loyola University t Clement JD, Tulane University The Honorable Iv, Lemelle The Honorable Stanwood R. JD, Loyola University 1 Duval, Jr. JD, Louisiana State University The Honorable Jo Wilkinsori, Jt. · ~· · ..,.,. JD, Tulane University -:,.,-"'-'""--:/.?'~1J!l!!ll""- •j ---_\{;ir l .. l -·@t:ff>_:. ,- Exhibit 5 Listing of the 1998-2000 Judicial Externship Faculty, showing Judge Berrigan’s intention to continue her participation in this program, excerpted from the Tulane Law School Catalog for 1998-2000, p. 103. A-5 Bruce Whittaker The Honorable Mar JD, Tulane University Lemmon JI?, Loyola University (La Stephen L. Williamson JD, Louisiana State Uriiversity The Honorable Hem Mentz Jr. Robert Winn LLB. Louisiana State Unh JD, Loyola University (La.) The Honorable G. Tl JUDICIAL EXTERNSHIP Porteous FACULTY JD, Louisiana State Univei United States District Court The Honorable Sara Judges JD, Tulane University The Honorabf,e Morey Leonard United States Magi Sear Field Supervisor The Honorable Lane JD, Tulane University JD, University of North C: +- The Honorable Ginger Berrigan The Honorable Alm, JD, Louisiana State University JD, Tulane University The Honorable Edith Brown The Honorable Roni Clement Fonseca JD, Tulane University JD, Loyola University (La The Honorable Eldon E. Fallon The Honorable Loui JD, Tulane University JD, Loyola University (La The Honorable Martin L. C. The Honorable Jose Feldman Wilkinson, Jr. LLB, TulaQe University JD, Tulane University -.--;~_::c.~r~--- ..- .. ;,.~-..=.,:- • ll!!P""' The Honorable Ivan LR. ) Lemelle ~ JD, Loyola University (La.) -•_.-.,: ·~,.• , ,-.:;--~ ·---- -,X~ C Exhibit 6 Description of Judge Berrigan’s teaching activity as a substitute instructor for Judge Charles Schwarz’s section of the course, “Federal Practice & Procedure: Trials,” from Bernofsky v. Tulane, Civil Action No. 98-1792, Docket No. 24 (E.D. La. Nov. 23, 1998). A-6 f'·· MINUTE ENTRY BERRIGAN, J. NOVEMBER 23, 1998 DR. CARL BERNOFSKY CIVIL ACTION , VERSUS NO. 98-1792 c/w 98-2!02 ADMINISTRATORS OF '.fHETULANE SECTION "C" EDUCATIONAL FUND IT IS ORDERED that the plaintiff's motion for recusal is hereby DENIED. For the record, the undersigned's only teaching undertaking at Tulane University School of Law involved volunteer substitute teaching a few classes for Judge Charles -+ ~' Schwartz, Jr., which involved no compensation. In addition, the J l Amistad Research Center is a distinct corporate entity which is located on Tulane's campus. In any event, membeniliip on the Amistad's Board of Directors ended several years ago. There is no basis for the plaintiff's suggestion that the undersigned's impartiality might reasonably be questioned by virtue of these two circumstances under 28 U.S.C. § 455. 1 ! sf Ginger Berrigan Exhibit 7 Course description of “Federal Practice & Procedure: Trials,” offered in sections, including the one taught by Judge Charles Schwarz, excerpted from the Tulane Law School Catalog for 1998-2000, p. 55. A-7 Federal Practice & Procedure: Appeals Seminar This course covers ~he Federal Rules of _Appellate Procedure and their application in litigation before the federal courts. Topics include, but are not limited to, post-trial motions preparatory to appeal, perfecting an appeal, appeals from interlocutory ordCrs·, and US Supreme Court practice: This course is a component of the Appellate Advocacy Clinic and must be Uken by stu dents enrolled in that clinic. It is also open to students not enrolled in the Appellate Advocacy Clinic. This cdurse,is limited to 20 students. 3 credits. Mr. Allbritton. Federal Practice & Procedure: Trials + This course covers the Federal Rules of Civil Procedure and their application in litigation before the federal courts. 2 credits. Judge Schwartz, Chief Judge Sear, and Magistrate Wilkinson. Feminist Legal Theory The course will present an oveiview of feminist legal the ories, including radical, cultural, postmodern, and critical race aspects of feminist legal thought. We will also examine the application of feminist theories to specific areas of law, e.g., contract law, property law, and interna tional law. 3 credits. Ms. O'Neill. Not offered 1998-99. Financial Institutions This course covers the law of banking, financial institu tions, and capital markets. Monetary growth, Federal Reserve policies. deposit insurance, chartering, branches, electronic funds transfer, mergers, and holding companies are given major emphasis. A brief survey of contrasting regulation of savings institutions, insurance companies, mutual funds. pension funds, investment banking, and the stock markets is provided. Problems· of discrimination, capital formation, inflation, deregulation, and regulatory reform are also considered. Students may take an exami nation for the whole grade or write a paper for part of the grade. 3 credits. Mr. Lovett. Exhibit 8 Judge Berrigan’s curriculum vitae for 1995, showing her continuing board membership on Tulane’s Amistad Research Center, excerpted from the Almanac of the Federal Judiciary, 1995, Vol. 1, 5th Circuit, p. 3. A-8 Education Univ. of Wisconsin, B.A., 1969; American magistn Univ., M.A., 1971; Louisiana State Univ .• l.D. 1977 Miscel Private Practice Gravel Brady & Berrigan, New entirely Orleans, 1978-94 served .: in the rr Staff Attorney, Governor's Government Positions others fc Pardon, Parole and Rehabilitation Commission, 1977-78; so-calle, Law Clerk, Louisiana Department of Corrections, 1975-77; owned, Legislative Aide Senator Joseph E. Biden, 1972-73; Staff eventual Researcher, Senator Harold E. Hughes, 1971-72 annuall) Public Office Member, Louisiana Sentencing page co: Commission, 1987-1994 criminal practitio Other Employment Assistant to Charles Evers, Mayor 1994. of Fayette, Miss., 1973-74; Graduate Assistant, Department ! of Communications, American Univ., 1971; Administrative "l Secretary, Boston College; Staff Assistant, Univ. of Editt j Wisconsin " ' Professional Associations Louisiana State Bar Assn., ~ 1977- present; Bar Assn., Federal Fifth Circuit, 1986- District present; Louisiana Assn. of Criminal' Defense Lawyers, 500 Car Room( 1985-1994; New Orleans Assn. for Women Attorneys, 1987- New Or 1994; Louisiana Capital Defense Project. 1986-88 Spouse: Other Activities Committee of 21, 1989-1993; Lanier, J American Civil Liberties Union of Louisiana, 1989-1993; Born 19 Forum For Equality, 1990-1994; Amistad Research Center, Educal Tulane Univ., 1990-present ..:: l.D., 19· Lawyers' Evaluation Lawyers with0 a limited number of appearances before Berrigan since her 1994 appointment Private are very impressed with her ability and willingness to work Carrere hard. "She is always well-prepared." "She is very bright Goven and very thorough." "In tenns of ability, she's the best." Christen "She's very bright. and very hard-working." "Her legal ability is excellent." "She has a brilliant legal mind." "She Profes.! is very involved in the legal aspects of lhe case. She reads 1973-pn the briefs and the cases-the authorities, and is very Maritimi prepared.'' •'She's very good.'· Litigators familiar with Berrigan said she is extremely Other cordial to lawyers ...She is the nicest judge to members of · 1990-93 the bar. She has juice and coffee and donuts." "She's very Supreme cordial." .. She is very courteous." "She talks to New Ori defendants-she is very cordial, she will greet them and wish them good luck." "She is the most pleasant judge. She Lawyei is very lawyer-friendly." "She's extremely friendly to legal abi members of the bar. She makes you feel at home in her ability i1 courtroom and chambers.'· and don, Berrigan keeps control of her courtroom, but lets "She is attorneys present their cases, according to those familiar capable. with her... She takes her time to listen to everyone and well-rea: 1995-2 Almanac of the Federal Judiciary ©1995 Aspen Law & Busln Exhibit 9 Judge Berrigan’s curriculum vitae for 1996, showing her continuing board membership on Tulane’s Amistad Research Center, excerpted from the Almanac of the Federal Judiciary, 1996, Vol. 1, 5th Circuit, p. 3. A-9 District Judge; Louisiana, Eastern attorney 500 Camp Street with he. Room 556 doesn't New Orleans, LA 70130 wants t1 (504) 589-7410 courtrcx Fax: (504) 589-2643 · how to Born 1948; appointed in 1994 by President Clinton good. S anymo~ Education Univ. of Wisconsin, B.A., 1969; American your thi Univ., M.A., 1971; Louisiana State Univ., J.D. 1977 you get not a p1 Private Practice Gravel Brady & Berrigan, New sCriousI Orleans, 1978-94 Mc Government Positions Staff Attorney, Governor's either c Pardon, Parole and Rehabilitation Commission, 1977-78; likely t, more Ii) Law Clerk, Louisiana Deparunent of Corrections, 1975-77; Legislative Aide Senator Joseph E. Biden, 1972-73; Staff most ju Researcher, Senator Harold E. Hughes, 1971-72 • Ch magistt Public Office Member, Louisiana Sentencing Commission, 1987-1994 Miscel entirely Other Employment Assistant to Charles Evers, Mayor served : of Payette, Miss., 1973-74; Graduate Assistant, Deparunent in the r. of Commuriications. American Univ .. 1971; Administratiye others I Secretary, Boston College; Staff Assistant, Univ. of so-calle Wisconsin owned, eventua Professional Associations Louisiana State Bar Assn., annual!: 1977- present; Bar Assn .. Federal Fifth Circuit, 1986- page cc present; Louisiana Assn. of Criminal Defense Lawyers, crimina 1985-1994; New Orleans Assn. for.Women Attorneys, 1987- practiti< 1994; Louisiana Capital Defense Project, 1986-88 1994. Other Activities Committee of 21, 1989-1993; American Civil Liberties Union of Louisiana, 1989-1993; Porum For Equality, 1990-1994; Amistad Research Center, Edit! Tulane Univ., 1990-present .C: Media Coverage I 996: Berrigan was assigned to District oversee a class-action lawsuit against the nation's largest 500 Ca tobacco companies. Berrigan replaced Okla B. Jones 2d, Room C 'who died in January of leukemia. Berrigan's appointment to New 0 the case had no immediate effect because the class-action (504) 5 status was before a Federal appeals court in New Orleans at Pax: (5 the time of Jones• death. Berrigan said of. her assignmCnt. Spouse "This is certainly a challenge, and I expect to work very Lanier. hard." New York Times. January 18, 1996 Born 11 Lawyers' Evaluation Lawyers with a limited number of appearances before Berrigan since her 1994 appointment Educe are very impressed with her ability and willingness to work J.D .• I! hard. "She is always well-prepared." "She is very bright 1996-2 Almanac of the Federal Judiciary ©1996 Aspen Law & Busl Exhibit 10 Judge Berrigan’s curriculum vitae for 1997, showing her continuing board membership on Tulane’s Amistad Research Center, excerpted from the Almanac of the Federal Judiciary, 1997, Vol. 1, 5th Circuit, p. 3. A-10 defendan wish the1 is very h Helen Ginger Berrigan members counrooi District Judge; Louisiana, Eastern Ben 500 Camp Street attorneys Room 556 with her. New Orleans, LA 70130 doesn't i (504) 589-7410 wants to Fax: (504) 589-2643 . COUrtrOOJ Born 1948; appointed in 1994by President Clinton how to r good. St Education Univ. of Wisconsin, B.A., 1969; American anymore Univ., M.A., 1971; Louisiana State Univ., J.D. 1977 your thii you get ..·.~ Private Practice Gravel Brady & Berrigan, New not a pri Orleans, 1978·94 serious!) Mo: Clerkships Law Clerk, Louisiana Department of either ci Corrections, 1975-77 . · · likely. to more lik Government Positions ,.·Staff Attorney, Governor's most jui Pardo_n_, Parokand Rehabiiitation'Commission, 19.77-78; Civ Legislative Aide Senatorloseph E. ·Bidon, 1972-73; Staff rnagistra Researcher, Senator Harold,·E. Hughes; 1971-72; Member, Louisiana Sentencing Commission, ·1987-1994 Miscell entirely Other Employment Assistant to Charles Evers, Mayor served a of Fayette, Miss., 1973-74; Graduate Assistan, Department in the rr of Communications, American Univ., 1971; Administrative others f, Secretary, Boston College; Staff Assistan, Univ, of so-calle, Wisconsin owned. eventual Professional Associations Loui;;iana State Bar Assn., annuall) 1977-present; Bar Assn., Federal Fifth Circuit, 1986-present; page co: Louisiana Assn. of Criminal Defense Lawyers, 1985-1994; criminal New_Orleans Assn. for Women Attorneys, 1987-1~94; practitio Louisiana Capital Defens; Projec, 1986-88 1994. Other Activities Committee of 21, 1989-1993; American Civil Liberties Union of Louisiana, 1989-1993; Forum For Equality, 1990-1994; Amistad Research Center, Tulane Univ., 1990-present · Media Coverage .1996: Berrigan was assigned to oversee a clas.s-action lawsuit against the nation's largest tobacco companies. Berrigaji replaced Okla B. Jones 2d, who died in January of leqkemia. Berrigan's appointment to the case had no immediate effect because the class-action · status was before a Federal appeals coun in New Orleans at 1997-1 Almanac of the Federal'Judlclary Q19~7 Aspen Law·& Bu~I, Exhibit 11 Judge Berrigan’s curriculum vitae for 1998, indicating that her board membership on Tulane’s Amistad Research Center ended in 1994, excerpted from the Almanac of the Federal Judiciary, 1998, Vol. 1, 5th Circuit, p. 3. A-11 defendan wish the, Helen Ginger Berrigan is very I~ members District Judge; Louisiana. Eastern courtroor 500 Camp Street Berr Room 556 attorneys New Orleans, LA 70130 with her. (504) 589-7515 doesn't i Fax: (504) 589-2643 wants to Born 1948; appointed in 1994 by President Clinton courtroor how to r1 Education Univ. of Wisconsin, B.A., 1969; American good. Sh Univ., M.A., 1971; Louisiana State Univ., J.D. 1977 anymore. your thin Private Practice Gravel Brady & Berrigan, New you get t Orleans, 1978-94 not a pri seriously Clerkships Law Clerk, Louisiana Department of. Mos Corrections, 197 5-77 either ci, likely to Government Positions Staff Attorney, Governor's more likr Pardon, Parole and Rehabilitation Commission, 1977-78; most jud Legislative Aide Senator Joseph E. Biden, 1972-73; Staff Civi Researcher, Senator Harold E. Hughes, 1971-72; Member, magistra1 Louisiana Sentencing Commission, 1987-1994 Miscell Other Employment Assistant to Charles Evers, Mayor entirely c of Fayette, Miss., 1973-74; Graduate Assistant, Department served a1 of Communications, American Univ., 1971; Administrative in them: Secretary, Boston College; Staff Assistan~ Univ. of others fa Wisconsin so-called owned, f Professional Associations Louisiana State Bar Assn., eventuall 1977-present; Bar Assn .. Federal Fifth Circuit, 1986-present; annually Louisiana Assn. of Criminal Defense Lawyers, 1985-1994; page cor. New Orleans Assn. for Women Attorneys, 1987-1994; criminal Louisiana Capital Defense Project, 1986-88 practitio1 1994. Other Activities Committee of 21, 1989-93; American Civil Liberties Union of Louisiana, 1989-93; Forum For Equality, 1990-94; Amistad Research Center, Tulane Univ., 1990-94 Noteworthy Rulings 1996: Berrigan presided over a double death penalty case involving a New Orleans police officer accused of hiring a drug dealing friend to kill a woman who had filed a police brutaljty complaint agianst him. It was the first trial in the country for civil rights violation capital murder since Congress broadened the federal death penalty jurisdiction in 1994. Both defendants 1998-2 Almanae of the Federal Judiciary @1998 Aspen Law & Busin Exhibit 12 Tulane’s public representation of the Amistad Research Center as a Tulane affiliate, excerpted from the local newspaper, Gambit Weekly, July 21, 1998, p. 47. A-12 1.LLERY 324 Picayun& Place nes strea/s}, 522·6906 - pho!ography and primitive jew- museums RY 904 Pauline St .. 949,1805 ARSENAL Adjacent ro !he Gabi/do, Jackson Square. 568·6968 1 D'Arruco and William Warren. - Louisiana and the Mighty MisSissipp;, permanent installation fea turing ship models. paintings, photographs, navigational devices lUSEUM OF ART 510 and rare artifacts from famous vessels \.1iss, (601) 872-3164- MOII011 CABILOO Jackson Square. 568·6990 - National Councj/ 61 ?I Wa11er Anders011, works by Jewish Women Celebrates a Centennial ot Service 10 New Orleans. .rtist ·James Seawrighl. through exhibiLion or photographs, documents and memorabilia Chronicling inds of Waller Anderson (1975· lhe Council's history of community service, through Marc/\ 1999. , from the organization, through CANNES BRULEE NATIVE AMERICAN •. CENTER Louisiana Wildlife and Fisheries Museum, 303 ~ IE ARTS 603 Julia St., 568· Williams Blvd., Kenner's Rivertown Disrricf, 468-7232 - Guided lemard Mattox, through July 24. tours and presentalions given by members of NaLive American I 'OUNG ARTISTS INC, tribes. Nork by high school and college- GALLIER HOUSE 1118·1132 Royal St., 523-5722 - Victorian interiors, detailed courtyard and slave quarters adorn lhe restored 1B57 townhouse of N6w Orleans ardlitact James Gallier Jr. GERMAINE CAZENA.VE WELLS MARDI GRAS Lre MUSEUM Amaud's Restaurant. Secood Roor, 813 Bienville SI., 523-5433- Carnival costumes. vintage photographs and memora ces bilia o! Carnival celebrations from 1937 through 1968. HERMANN.GRIMA HOUSE 820 St. Louis SI., 525·SS5t - Accurate ClepicUoos o! Creole life prior to the Civil War in this ARCHITECTURAL 1831 horn&, including a private stable, courtyards and a working v&., 485-1150 - Vintage black kitchen. )rleans music scene. HISTORIC NEW ORLEANS COLLECTION 533 ~ >lanade Ave., 945-5635 - Royal St., 523-4662 - Made In America: BiJJ Russell's World of ! )UghAug.16. Jazz, Russall's collection 91 manuscripts,bqo~,:sgund 1ecordings. artifacts and photographs documenting ,Ilia development of jan, B13 Royal St, 528-3094 - through Oct. 31. LOUISIANA CHILDREN'S MUSEUM 420 Julia SI., ' Magazine St., 899-6485 - 523 !357 - What Wi!I I/ Take To Save Our Lake, interacti~e multi Louisiana anists, !eaturing pot· media exhibition addressing environmental protection al Lake ·a. Pontchartrain. IOUSE 5270ecaturS1.,522· NEW ORLEANS MUSEUM OF ART I Col/ins Diboll d art show leaturing works by Circie, City Park, 488·2531 - Visions and Vdces: Na/ive American gh July 31. Pajnting From !he Philbrook Museum of Art; Singing the Clay: Magazine SI., 899·5587 - PuebJO Portery ol !fie Soulhwesr Yesterday and Today, Picasso .re, metalwork. furniture and Ceramics From New Orleans Co/lee/ions. through August 2. Echoes :ie Herberger, Carol Maschler. in the Silence, drawings by Benjamin levy, through Aug. 15. Busoo o. and Taiga: Masters of Japanese Ulerati Painting, through_ Aug. 30. t4 Ju~a Sr., 592-341 t - Hi!fi· OLD U.S. MINT 400 Esplanade Ave., 568-6990 - New n, iron and'leather; multi-media Orleans Jazz, photographs iUustrating the cily's music tracf1lions by ietal srulpture t),J Laura Thom; John McCusker, Syndey Byrd. Terri Mims, Michael Smith and oth· te sculpture by Bran! Kingman. ers. Permanent exhibition or Mardi Gras ri1emorabilia from around the slate. SI .. 891-6141; Sr. Louis St, - Indonesian woodcrafts and PITOT HOUSE 140 Moss SL, 482·0312- Eighteenth centu ry French Colonial/West Indies home lum~ed with antiques from the 1800s. 546 Magazine St., 897·2290- 3renda Dally, Niek Surrett and PRESBYTERE Jackson Souare. 568-5968 - Cities of lh8 ;.9888 - Unique anl .------, aJ elements and indig TULANE UNIVERSITY AMISTAO RESEARCH CENTER Tilton Hall, 865-5535-Graphic pieces by W~liam H. C!fa} St, 568-1801 - Johnson; sculpture by Richmond Barthe. William Artis and Gregory mique to Iha rare. all Ridley, through Juty. ntation life. • 714 St Louis St., . nsofNewOrlflans. M 1ristopher o,_,,,..-i,,. u. L------Exhibit 13 Tulane’s public listing of the Amistad Research Center as a Tulane subsidiary, excerpted from the Greater New Orleans White Pages, Business Section, 1998-99, p. 283. A-13 1u1;Rer 111na ASSOClates Inc · JOJTIMlll! AY 70u9 _ · 488·0830 Tulane Shell llV'TIIIMeAv ,om---82J·S742 616~ Tu deer Designs11l1~;ii,j":=====S22·462.7 ltd . _ 464~7479 Tul1ne Shirts Manufacturing Inc Tucker Engineering . •• ffl1Utto.-0-70126i------24]~130l 2SV S,,YisU DI Bao.I Ms m.31--228 388·~51 Tu~~~',';;:;~l,'.\MDMPH 349-6363 TULANE TuckerHuther...... ,n 738-0098 UNIVERSITY- TuckerJamesW ·.· · .,., ..... 1'1Xl1tlOIIISt&ll::JnRC119tlJ1t002--"'"'.-.• 2098 ~St0iml-..e7lllll 16S:-S000 Tucker Joseph H1'920 SonrtSt 7DlU--862·9002 Student Directory Information -165~4000 TuckerlJ5947BrlQhtMP11'013l 392.•7888 Accounting- . ·. Tucker Richard ADr ""'ll<>OOOl Accounts Payable B6S~S37l 1DJBehnnanffW1T~i'tW . ,u AccountsRecetvable . 16S~S368 Tticker Thomas WJtt, lltCT!llantAv 70112-525•3030 Purchase Order Invoice Tucker&WestAttorneysAtlaw s•• Processing ------'65~S82t llOOTulatitAi70112 !-"3030 ADIS . Tucker's Camera Centers See Alulllnl & Oevelopement lnform11tlon . l597Gause8hdS1dtl104S! 64 1• 7107 Services Tllcker's Food Store l2008tlltv'iltSt 70114- 363·0074 · ·ADST Tucker's Grocery Store 6JJGeor9t .-.-·~36·185 5 See.African Diaspora Studles AtTul1n, Tuesday Morning Incorporated·.. . . :Adn\lsslons Undergraduate 6DllttTYPlwJltn)10IYn100S& 367 • 9217 Dlvlslons MS 0 S7Jl Tuesday Morning lnc,ilts .,. _ Admissions Graduate & 5,501YflfflllSMtmOrialBll'l1Metairit7CUIJ-.-,4;r1•.i::, 49 Professlonal- Tuff•N·Nuff 2!03Ma.lhfflan81¥d Kar'ftf 701J3- 362·2090 Graduate ------165°5100 TUFTON PITER M DR.,. . . Buslnm School 86S•S410 454TmyPn,terl}tOWll1to56-- 362- 5270 Law B6S-S930 Tufts Ftederldc J 701Poyh1St70ll9--S81•9l27 Medicine 588•51B7 Tufts J David 1117!11 Po,drM 70139---$81·9327 Soc:lal Work 865•5314 Res lll6Jar 7!1ln 288·21B7 Affirmative Ac:tlon•OfflC"e Of Equ1I Tufts Robert GtlHtde-Apr 701Poydru 70139- 5Bl•9l27 Oppartunltr- Tu)ague's Restaur1ntS2JOeut1tSt70U5-S2S•8676 Medical Center ------587~7617 TuJay's2l0IMRdNN"Orins70l29---277·80S4 Uptown . 86.MZSO TuJays Carpet Oeanln_g Service --467·2878 Atrle1n Diaspora Studies At Tu aysCarpet&Upholstery Lil Tulane------862·3SSO Qeanlng )ug•2878 a,.~--- nnTr •n~,.-• TuJ1ys Janitorial Service m1(.ornrntrcia[OrKJMJJOOS!-·-- r1u,k,,•,•,d,u,1n10e51',",,~,"",,•, ~m--.- ... ~ --,---- Ainlstad Resurch Center ---865°SSJS Gl TWA, 70119---c-c,::- TUlANE AVE ADULT BOOKS & VIDEOS- , . "':"":"::::'."'-::::::::::::::::-::=====:;;:;:;;;;-- 3819TULANE AV 70119-:- i(-- -·.;,·. """'"'•l'"" 00,)":)JG'J' s,,oouowderSlvd 70121 242•3.._ Archltl!cture Llbrary B6.Ml91 -OB8cwWn5t10lll 522·9SS8 ArmyROTC S6M594 Tulane Avenue Law Center Art/Nl!wcomb 86.5·5327 . 213SlulantA,10119-----~· 121°4488 Art/Newcomb G1llerles Curator-86.Ml28 Tulane Avenue Law Center Of St!ln Associated Student Body/ ASB --86S·Sl11 Meyer & Associates Aitronomy 865·S52tl 2735TwotA,10ll9------B21·448B Athletlcs- Tulane Baptist Student Center Athletic Director B6S 0 S500 n01rrtrtt10m------861;0692 B1Seball 842·8239 fulane·campus Affiliate Program· Business Office 86S·5S01 2UJWIShirtgtDrllr7DW · .· 89S·-4m EqulpmecntRoom 865°5510 Tut1neCathollcCenterlOJ1~ -866·0984 Football B6N355 Tulane Comprehensive Cancer. · Green Wave Athletic Assoc ---.865•S356 Centerl545lhf1rSt70U2 · ' S81MS00 ·Marketlng&Promotlons ---_B6S•S62S Tulane Dental C1re 4041 Tulane AY 70111- -486•4756 Men's Basketball , 86S 0 550S Tul1ne Fleet Inc Men's Golf · 865·5507 NRrf!l'Rd~10094----4ll·l488 Men'sTennls B62·8231 Tulane Fleet Inc Sports Information 86S 0 ~5M -MOOlttr!l'RdWagqama117'009'4----01•5600 StudentServkes . 865·5571 TulaneHomeCartProgram . TlcketOfflcii/SportsShop -·-161"'9283 , l2Qlcyoq.t,70112 S81•2190 · Track 86S 0 SS14 TulaneHospflllForChlldren Training Room 865•5Sll .141sTitaneA,10112 · · 588°5263 · Volleyball 865°5570 Tulane Housing 2©JCaflocr1St701IB-- 866·1960 Weight Room 86S•S67l Tul1n1 Housing 2Sl.'8ClflounSt701U--866°0ln Women's BHketbafl B6S·S67Z Tulane Housing '301FtffrtSt70ll8--86:MS4l Women's Golf 86.MSll Tulane Housing 71m FterrtSt 10111-·- 866·5738 Women's Soccer B65·5S69 TULANE INDUSTRIAL Women's Tennis. B6S·5S03 LAUNDRY INC Band Director B6S•Sl39 "2606Stl.CMis10119 • . 822=4411 B1rberShop B6S~S6SO Tulane Institute Of Sports Medicine BloenVlronmental RHearch- • 202Mclfister&ttnsion 844°1476 CenterFor------·U2°137tl Tulane Medlcal Center · Administrative Office · S8S~69l0 . See Tulane Unlnrslty Mtdlcai Center Biology See CM8 & EEOB TULANE MEMORIAL BAPTIST Board or Admnlstnto<1 865•5738 CHURCH- Boo~ore MS·SIIU Exhibit 14 The Amistad Research Center as one of many Tulane Centers, excerpted January, 1999 from Tulane’s Web site, Tulane Academic Resources - Centers. A-14 I - CENTERS -·-· ----·-·------··-·---·-·----·---·--··-·-··-·. ·-·-- .• • u ane enter on gmg i 1 • Arnistad Research Center · • • Center for Bioenvironmental : , Middle American Research Research /: Institute • Tulane Cancer Center • Murphy Institute of Political Schools • Tulane Center for Economy Cardiovascular Health ' • Tulane University Museum of! Colleges • Career Services Center I Natural History • Coalition for Cultural i' • National Institute for Global Programs Enhancement I Environmental Change • Tulane Herbarium , (N] GEC) - South Central Departments • Coordinated Instrumentation I Regional Center Facility I • Center for Photoinduced Centers • Educational Resources and i' Processes Counseling ! , Project Return Course Materials • The Garry Lab (School of ,, • The Tulane Regional Primate Medicine) 1 Research Center Research • International Student Center j1 • Newcomb College Center for I~ • International Communication Research on Women loj Interdisciplinary 1 Enhancement Center 11 , Southern Institute for Projects • Tulane Center for International I Education and Research Resource Development ' , Student Health Center • Language Lab , The US/China Energy and J • Goldring Institute of Environment Technology t1 International Business Center ffiETC) • Center for Latin American "' Studies ~--·--A.--,~ ~ . __ ;:__ Exhibit 15 Listing of Amistad Research Center Staff, taken January, 1999 from Tulane’s Web site, Amistad Research Center Home Page - Staff. A-15 ,•w:s·· _/ ,. Amistad Research Center Staff I Shannon Burrel -Archives Clerk I Donald E. Devore, Ph.D. -Executive Director jctd~vQr~@mai!hQst.tcs,tl!!ane,eguj I Rebecca Hankins -Archivist 11 [email protected]~.e~ I Venola Jones -Cataloging Librarian I l Beatrice R. Owsley -Archivist I I Regina Perry, Ph.D. -Senior Art Curator I I Mark Phillips -Archives Clerk I Alvery Rodney -Comptroller/Administrative - Assistant j alY!:O'.@WllilbQst,tcs,tl.!1@!:,!:du I Brenda Billips Square -Head of Archives and square@maihost. tcs. tulane.edu Library - .... '\ ...... i Exhibit 16 Listing of Donald Devore, Executive Director of Amistad Research Center, in Tulane’s Online X.500 Directory for Faculty and Staff, taken January, 1999 from Tulane’s Web site. A-16 Move upwards to • The World • United States of America : Tulane University Faculty and Staff • Amistad Research Ctr Found match on exact Donald P Devore en Donald P Devore Donald Devore mail [email protected] title Executive Director description ! Amistad Research Ctr ' telcphonenumber + I 504 862-3225 ·· See all attributes· •~·· I Exhibit 17 Listing of Alvery Rodney, Comptroller of Amistad Research Center, in Tulane’s Online X.500 Directory for Faculty and Staff, taken January, 1999 from Tulane’s Web site. A-17 Move upwards to • The World • United States of America ' : Tulane University Faculty and Staff • Amjstad Research Ctr • Found match on exact Alvery Rodney _-,_~- [email protected] title li•""'"·"'"PffP,sil!i? --Gontroller description Amistad Research Ctr telephonenumber . ,f!flit3'04 862°3220 See all attributes· - - -_, C -;e:• ~ ilir., Ill!'''" ..-.=L ,. ttr