Complaint of Judicial Misconduct

Complainant

arl Bernofsky The Hon. Ginger Berrigan. Ju

6478 General Diaz treet United tates District Court for the

New Orleans LA 70124 Eastern District of

(504) 486-46"9 (504) 589-7515

I. Introduction

The complainant was plaintiff in a serie of four lawsuits against Tulane Universit in which th Hon. Ginger Berrigan was Pr siding Judge. Relatively recent) , he learned that Judge Berrigan has had a material and continuing relationship with the defendant.

Under Canon 3 of the ode of Judicial onduct, Judge Berrigan had a duty to disclose her as ociation with Tulane before sitting in any cas in which Tulane was a defendant. From Januar , 1995 onward Judge Berrigan continuously violated this Code in all of the complainant's lawsuits where she presided and failed to make any disclo ure.

II. Statement of Facts

A. Professorship

Federal District ourt Judge Ginger Berrigan i Adjunct Associate Professor of Law at and taught the cours Trial Advocacy during the 1995-96 academic year [1 2]. Since then, Judge Berrigan has maintained a professional association with Tulane through her continued participation in the Law School's Judicial Externship Program [3-5] and as a substitute instructor for the course, Federal Practice & Procedure: Trials [6], taught by the 76-year-old Adjunct Professor Federal District Court Judge Charles Schwartz Jr. [7].

B. Board Membership

In 1990, Judge Berrigan then an attorney was appointed to the Board of Directors of Tulane University's Amistad Research Center, a position she occupied until 1997 [8].

13 ERRIGAN.Q9C - I - The Amistad Research Center occupies a wing of Tilton Memorial Hall on the campus of Tulane University [9]. Tulane not only furnishes the ~enter with a rent-free physical site, it funded $200.000 in improvements and contributed $12,000 in relocation costs [1 OJ. Tulane also provides a budget of about $63,200 in 1986 dollars, whjch is adjusted annually for inflation and used for unrestricted operating expenses [1 OJ. Two members of Amistad's Board of Directors are appointed by Tulane [11 ], which publically represents the Center as a Tulane affiliate [12-14]. In addition, Amistad' s Executive Director, Comptroller and other key administrative personnel (15) are listed in the Tulane Faculty and Staff Directory [16].

C. Cases Adjudicated

In all, Judge Berrigan sat in four lawsuits brought by the complainant against Tulane University. The first, Civil Action 95-358, was filed January 31 , J 995. Subsequently, two other lawsuits were filed in State Court (97-20805 and 98-6317). These were removed by Tulane to Federal Court, where they were docketed as Civil Actions 98-2102 and 98-1577, respectively, and assigned to Judge Berrigan. The fourth case, which was filed directly in U.S. District Court on June I 8, 1998, is Civil Action 98- 1792. Civil Actions 98-1792 and 98-2102 were later consolidated under the former docket number and are currently active.

III. Discussion

A. Professorship

Judge Berrigan recently defended her qualification to sit by stating that she serves merely as a substitute instmctor in Tulane's course, Federal Practice & Procedure: Trials [6]. This partial admission fails to reveal the true extent of Judge Berrigan's association with Tulane during the past four years and does not release her from her duty to have disclosed this fully before sitting in any case in which Tulane was defendant.

B. Board Membership

Judge Berrigan further defended her qualification to sit by inferring that the Amistad Research Center is an entity that is independent from Tulane [6]. Again, the facts demonstrate that the Amistad Center, as other Tulane centers, is materially dependent on Tulane for its existence. In addition to providing financial assistance, Tulane also chooses two members of Amistad's Board of Governors (11). Amistad's top administrators are listed by Tulane together with other Faculty/Staff members [16].

According to Tulane's 1995 Faculty Handbook [17], the Amistad Research Center is one of many such centers affiliated with the University. Since publication of that handbook, other centers have been added [14). Like most other Tulane centers, Amistad

BERRJGAN.99C -2- Center also derives funding from extramural sources. For example, the Tulane Regional Primate Research Center and the Center for Bioenvirorunental Research receive government grants in addition to the support they receive from Tulane and, like th Amistad Research Center are considered integral parts of the University [14, 17] .

C. Compensation

Finally, Judge Berrigan defended ber qualification to sit by stating that h r teaching activities in Tulane s Law chool involve no [financial] compensation [6]. Generally, adjunct professors are not paid by Tulane University for their service in academic programs. However with the lifetime salary provided a federal judge by the U.S. government monetary compensation would appear to be secondary to the pr stige a judge may derive from a university professorship. Moreover participating in teaching programs or acting as a mentor may satisfy a sense of professional duty, the discharge of which is deemed compensation enough. Fur1hermore, interaction with other prominent jurists in a university setting would allow a judge to keep abreast of new legal developments, which is a priceless professional benefit.

JV. Ethics

According to Shaman el al. 1 and the case law cited to support his determination, " ... it i th obligation of a judge to disclose all facts that might be grounds for disqualification. Further Canon 3C of the Code of Judicial Conduct, adopted in 1990 by the American Bar Association and xtensively reviewed by Abramson 2 states, in part, 'A judge should disqualify himself in a proce ding in which his impartiality might reasonably be questioned ... .' Under Canon 3 of the Code of Judicial Conduct, Judge Berrigan had a duty to disclose her association with Tulane before sitting in any cas in which Tulane was a defendant. From January 1995 onward, Judge Berrigan continuously violated this Code with respect to the complainant's lawsuits against Tulane University when she sat and failed to make any disclosure.

Once the facts of her association with the defendant were discovered by the complainant and brought to her attention Judge Berrigan responded "There is no basi for the plaintiffs suggestion that [myJ impartiality might reasonably be questioned by virtue of these .. . circumstances ... ' [6]. In addition to her failure to disclose, Judge Berrigan 's actions contradicted

1 .Judicial onducl and Ethics, 2 ed., haman J.M., Lub t, S., Alfini, J.J .; Michie Law Pub., harlottesvill , VA (1995), p. 146.

2 Judicial Disqualification under anon 3 of the ode of.Judicial onducl, 2 ed., Abramson, L.W., American Judicature oc., Chicago IL (1992), pp. l-48.

13 ERRIGAN .99C - 3 - the ethical principle elaborated by Shaman, el al. 3 and supported by case law that ' It is not the duty of the patiies to search out disqualifying facts about tb judg ... it is the judge s obligation to disclose all possibly disqualifying facts. '

V. Conclusions

A reasonable person would question th impartiality of an. judge who was an adjunct faculty member at a defendant university and had a continuing association with that university during even part of the time the case was befor him or her. Under Canon 3 of the Code of Judicial Conduct Judge Berrigan had a duty to disclose her association with Tulane be ore sitting in any case in which Tulane was a defendant. Judge Berrigan's failure to make any disclosur of her direct substantive, and continuing association with the defendant over th course of four years as Presiding Judg must be se n as a breach ofjudicial conduct that goes beyond mere negligence or harmless error· it sugg sts that he had an interest in the outcome of the procedings that derived from her relationship with the defendant.

Judge Berrigan s censure and/or discipline appears warranted and appropriate.

VI. Exhibits

1. Tulane [Online} Law School Catalog, 1995-96 Administration & Faculty: Trial Advocacy Faculty.

2. Tulane Law School Catalog.for 1995-96 p. 104.

3. Tulane Law School Catalog/or /996-97, p. 107.

4. Tulane Law School Catalog.for 1997-98 p. I 03.

5. Tulane Law School atalog for I 998-2000 p. 103.

6. Minute Entry Bemofsky v. Tulane, Civil Action No. 98-1792 Docket No. 24 Nov. 23, 1998.

7. Tulane Law School Catalog/or 1998-2000 p. 55.

8. Almanac ofthe Federal .Judiciary, 1997. Vol. I 5th ircuit, p. 3.

9. Th e Amistad Log; 1990 Annual Report pp. 1-2.

3 ec footnote I, p. 146.

IHlRRI GA N.99 - 4 - 10. The Amistad Log; J 990 Annual Report, p. 22.

11. Defendant's Memorandum in Opposition to Plaintiff's Motion.for Recusal, Civil Action No. 98-1792, Docket No. 22, Nov. 9. 1998, p. 4.

12. Gambit Weekly, July 21, 1998, p. 47.

13. Greater White Pages. 1998-99; Business, p. 283.

14. Tulane [OnUne} Academic Resources - Centers.

15. Amistad Research Center Home Page.

I 6. Tulane [Online] X-500 Directory.

17. Tulane Faculty Handbook, 1995, Section VI, pp. 1-5.

VII. Certificate

The undersigned declares, under penalty of perjury that to the best of his knowledge, the statements in the above complaint are true.

New Orleans, Louisiana, this 11th day of February, 1999.

l'lERRIGAN.99C - 5 - Tulane Law School Catalog - Administration & Faculty:Trial Advocacy Faculty Pagel Administration & Faculty 1995-96 Trial Advocacy Faculty

James A. Cobb Jr. Professor and Director (spring), JD, Tulane University

Lynn Luker Professor and Director (fall), JD, LLM in Admiralty, LLM in Energy & Environment, Tulane University

Julian Rollins Murray Professor and Director (fall and spring), JD, Tulane University

Associate Professors

Michael Allweiss JD, Tulane University

Judy Barrasso JD, Tulane University

Roland Belsome JD, Tulane University Raul Bencomo JD, Louisiana State University

Allan Berger JD, Loyola University (La.)

The Honorable Ginger Berrigan ~ JD, Louisiana State University

James E. Blazek JD, Loyola University

Michael Bollman JD, Tulane University

Marie Bookman ID, Loyola University (La.)

Joy Goldberg Braun JD, Tulane University Exhibit 1 Edn1ard J. Castaing Jr. JD, Tulane University 'arl Oern otsk

Michael lvl. Christovich JD, Tulane University 1995-96 TRIAL ADVOCACY Michael Bollman Vincent Glorioso Scott McOuaig FACULTY JD. Tulane University LLD. Loyola Universily (La.) JD. T~lane Universi ty

James A. Cobb Jr. Marie Bookman The Honorable Jo Ellen Grant Deborah Gail Miller Professor and Director (spring). JD, JD, Loyola University (La.) JD, Tulane Univers i1y JD, Loyola University (La.) Tulane Un iversity Joy Goldberg Braun James A. Gray II Caren Morgan Lynn Luker JD, Tulane University JD. JD, Tulane University Professor and Direc1or (fall), JD. LLM in Admiralty, LLM in Energy & Edward J. Castaing Jr. Peter L. Hilbert The Honorable Patricia Murray Environment, Tulane University JI), Tu lane University JD, Tu lane Uni versi1y JD, Tulane Uni versity

Julian Rollins Murray Michael M. Christovich The Honorable Charles lmbornone Sheila Myers Professor and Direc1or (fall and spring). JD, Tu lane Universily JD, Loyoln University (La.) JD. Tulane University JD, Tulane University Bruce A. Cranner Scott Jefferson G. J3ruce Parkerson Associate Professors JD, Tulane University JD, William Mitchell College of Law JD, '$outhcm Methodist University

Michael Allweiss William S. Culver Ernest L. Jones .Sal· Perricone JD, Tulane University JD. Loyola University JD, .' ,JD. Loyola University (La.) " · Judy Barrasso Samuel S. Dalton The Honorable Okla Jones ... . Paula A. Perrone JD, Tulane Uni versity JD, Loyola Uni versity (La.) JD, Boston College JD, Tulane Un iversi ty

Roland Belsome Michael H. Ellis The Honorable Robert Klees Leonard A. Radlauer JD. Tulane University JD. Tulane University LLB, Loyola Universi1y (La.) JD. Tulane University

Raul Bencomo Deborah Foshee Madeline Landrieu George Recile JD. Louisiana State University JD. Tulane University JD, Loyola Universi1y (La.) JD, Loyola University (La.)

Allan Berger The Honorable Edward J. Gaidry The Honorable Ivan Lemelle Kern Reese JD, Loyola Uni versity (La.) JD. Louisiana State University JD. Loyola Univcrsi1y (La.) JD. Loyola University (La.)

~ The Honorable Ginger Berrigan Constantine Georges Joseph Maselli Jr. William Rosen JD, Louisiana State University . JD, Tulane University JD, Tulane University JD. Tulane Universi1y

James E. Blazek Robert Glass Timothy J. McElroy Russell A. Solomon JD. Loyola University JD, Universi1y of Pennsylvnnia JD, Louisiana State University JD, Tulane University Exhibit 2

Carl Bemof.~kl' ·~ :. ~ ._.. ,- ::· Tulane U11iw:rsity is 011 Affirmati11e Action/Equal £111ployme11t .. ~ ,._.~ i ··:~-!: ·fi?~" Opportunity i11stitutio11, and consequently its policy of ..1.I ~iI{1: 11011discri111i11atio11 includes recruitment and e111ployme11t, '! ,. ·; :: . . ! ••'t•7.r,, admissin11 and access. rcte11tio11 and promotion of rl,e most q ualified stude nrs, fac11lty, a nd staff. regardless of ,111 i11di,•id11nl 's rnce. sex. color, religion, nationallctlmic origin, <·;t\11 age, ha11dicap, citi::.enship, marital stat11s, sexual orientation, ·.·).'.\::;t~~ or vetcmn status. Tulane University does not discriminate in its pro,•ision of sen•ices and benefits nor in its treatment of students, patients, a nd employees. Inquiries regarding tl1i.f policy should be referred to the Affirmative Action •- ~ ~: ~~=~r~~r : ':. ,;~·,.n.£.~~i Office. Tulane loll' School's policy is the same as that of - . , _. . ,. !-ii•\~(';.:,, 0 1!". .. ~ .. ~·t,~i;fil. t, the University.

This catalog is current as of A11g11 st 1995 and reflects pro­ .\·... ]i~tt; ~',t·.. " 1.;t::?..."'}}i!~.,, grams i11 place as of that date. Tulane Law Sd,oo/ re.rcn•cs .. f,i.',:1;., J ~l ·'f', :...~ ·:ti~.t ' •.!. · • '1" •. ' 'i.;,'-1:', .. the right to make changes in its programs and policies as : .~:·,~ c..f:.~~1 n:~~ necessary. Renders ore advised to check with the Law Schqal · ·; · ad111 i11istra1iu11 to confirm the current s1at11s of proi;11n!:::: ·"" . described in 1/ris catalog. A~~;: • , (''",•i,,. . :iJll)i~ Tu lane (USPS 643-640) is p11blisbrrf ~~~·t ;imes a year. · .· \' • ,;, ti.-: J';'~l;·[,~:?" rhrec limes i11 Jc1tlllary. and montf~· ir{) ,,i ril, Moy, June, :·~}t~~l tft!t July and A11g1m, by the Office of tj!{"~~s(tY Publicario11s, .. Tulane U11iversity, 6823 St. Charleft,'iJi,1111, New Orl~.Cl/lS, ;.;. , LA 70118. Second class postage pat'd'at New. Orleans, LA. . Vnl. 18. No. 6, Ju11e 1995. P0ST!,~jT£R.: Send address changes 10 Tulane Law School, Suite 203. Weinmann /loll. . . Tu/one U11iversiry. New Orleans, LA 70118-5670. •: ·}' This catalog was designed by Bertman Varisco Desig11 Team; ....,~ .. -- ..,. ui ·•. "•:. :.c....:-·..-.,. \.>- Tom \larisco. Jan Bertman. Production by EPS, Ille., Jedd . j{}i:J Haas. Writing and editing by Dean John Kramer and . .•,'-':: (,.'\!~i . ~.. , .~.. .:.: :·.:~~-:, . Associate /)1:(111 Susan Krinsky . Cover photograph by ...•· cc·• , I-,: JacJ..son Hill. Photographs by Jackson Hill, Bryce Lankord, ·--~:)~:"ti}.;:' : Morris Ardoin, M<1rily11 Bertin. Tana Coman, Allen Dufour. ·\:fti.;W;. Ron Calamia, Greg Greer, Chris Harris, A1111 Salzer, Dm·itf Spie/111011, Mic/refr Varisco, Tom Varisco, Jerry Ward, and Sereno Yee. Em•ironmental, ene rgy. and port photographs ·~A~t~;Ji ,\ .... ~!)..' used with the permission of ihe Pon of New Orleans (Stanley Joyce, p,howgrap/rer). and the US Department of Interior, ..:./·? } Minerals Management Sen•ices (Barney Co11gd()11, Public .. ·:t·:·).: Affairs Officer). 711is catalog was primed by Garrity flrinti11,: . ~·,::·~j; " ... ~ .": © 1995 Tulane Law School. )' f·=-~ ~~:

William Rosen Roslyn Taylor The Honorable Eldon E. Fallon United States Bankruptcy JD, Tulane University JD, Tulane University JD, Tulane University Court Ju~ges

William B. Schwartz Peter M. Thomson The Honorable Martin L. C. The Honorable Thomas M. JD, Tulane University JD, Tulane University Feldman Brahney Ill LLB, Tulane University Chief Judge Hans Sinha The Honorable Max Tobias JD , Loyola University JD, Tu lane University JD, Tulane University The Honorable Marcel Livaudais Jr. The Honorable Jerry Brown Russell A. Solomon Campbell E. Wallace LLB, Tulane University LLB, Tulane Uni versity JD, Tulane University JD, Tulane University The Honorable Henry A. Louisiana Court of Appeal, Ike Spears Irving Warshauer Mentz Jr. Fourth Circuit Judges JD, Tulane University JD, Tulane University LLB, Louisiana State University The Honorable Steven R. Richard Stanley Stephen L. Williamson The Honorable G. Thomas Plotkin JD, Harvard University JD, Louisiana State University Porteous Field Supervisor JD, Louisiana State University JD, Tulane University; LLM, University Peter G. Strasser Robert Winn of Virgini a JD, Washington & Lee University JD, Loyola University (La.) The Honorable Sarah S. Vance JD, Tulane University The Honorable Dennis Barry JUDICIAL EXTERNSHIP JD , Loyola University FACULTY United States Magistrates The Honorable William Byrnes United States District Court The Honorable Alma A. Chasez JD. Loyola Univers it y Judges JD , Tulane University The Honorable Charles R. The Honorable Morey Leonard The Honorable Ronald A. Jones Sear Fonseca JD, Loyola Uni ve rsit y (La. ) Director, Judicial Extemship Program JD, Loyol a University (La.) JD. Tulane University The Honorable Robert J . Klees The Honorable Ivan LR. m. Loyola Un ivcrs i1 y (La.) ~ The Honorable Ginger Berrigan Lemelle JD , Louisiann Stntc University JD. Loyola University (La.)

The Honorable Edith Brown The Honorable Joseph C. Clement Wilkinson, Jr. JD , Tul ane Uni vers it y JD. Tu la11 c Un iversity

Pro fessor Kirsten Engel Exhibit 3

'arl lkrnolsky

George Recile - Peter M. Thomson The Honorable Eldon E. Fallon United States Bankruptcy JD, Loyola University (La.) JD, Tulane University JD, Tulane University Court ~udges

Kern Reese The Honorable Max Tobias The Honorable Martin L. C. The Honorable Thomas M. JD, Loyola University (La.) JD, Tulane University Feldman Brahney Ill LLB, Tulane Un iversity Chief Judge Berit A. Reiss Campbell E. Wallace JD, Loyola University JD, Tulane University ID, Tulane University The Honorable The Honorable Jerry Brown George F. Riess Stephen L. Williamson JD, Loyola University (La.) LLB. Tulane University LLB, Louisiana State University JD, Louisiana State University The Honorable Henry A. Louisiana Court .of Appeal, Rick Sarver Robert Winn Mentz Jr. Fourth Circuit Judges JD, Unjversity of Michigan; LLM, JD, Loyola University (La.) LLB, Louisiana State University University of Virginia The Honorable Steven R. JUDICIAL EXTERNSHIP The Honorable G. Thomas Plotkin William Rosen FACULTY Porteous Field Supervisor JD, Tulane University JD, Louisiana State University JD, Tulane University; LLM, University United States District Court of Virginia William B. Schwartz Judges The Honorable Sarah S. Vance JD, Tulane University JD , Tulane University The Honorable Dennis Barry The Honorable Morey Leonard JD, Loyola University Hans Sinha Sear United States Magistrates JD, Tulane University Director, Judicial Extemship Program The Honorable William Byrnes JD, Tulane University The Honorable Alma A. Chasez JD. Loyola University Ru~sell A. Solomon JD. Tulane University JD, Tulane Unjversity +, The Honorable Ginger Berrigan The Honorable Charles R. JD, Louisiana State University The Honorable Ronald A. Jones Sonja M. Spears Fonseca JD, Loyola University (La.) JD, Tulane University The Honorable Edith Brown JD, Loyola University (La.) Clement The Honorable Robert J. Klees Richard Stanley JD, Tulane University The Honorable Ivan L.R. JD, Loyola Uni vcrsity (La.) JO, Ha1vard University Lemelle The Honorable Stanwood R. JO , Loyo la Univcrsi1y (La.) Peter G. Strasser Duval, Jr. JD, Washington & Lee University JD, Louisiana State University The Honorable Joseph C. Wilkinson, Jr. Roslyn Taylor JD, Tulane University JD, Tulane Universi ty Exhibit 4

'nrl ncrnnr kv

MMiii@iMIMiW

Bruce Whittaker The Honorable Mary Ann Vial United States Bankruptcy JD, Tulane University Lemmon Court Judges JJ? , Loyola University (La.) Stephen L. Williamson The Honorable Thomas M. JD, Lou isiana State University The Honorable Henry A. Brahney Ill Mentz Jr. Chief Judge Robert Winn LLB , Louisiana State University JD, Loyola Universi ty JD, Loyola University (La.) The Honorable G. Thomas The Honorable Jerry Brown JUDICIAL EXTERNSHIP Porteous LLB, Tu lane University FACULTY JD, Louisiana State University Louisiana Court of Appeal, United States District Court The Honorable Sarah S. Vance Fourth Circuit Judges Judges JD, Tulane University The Honorable Steven R. The Honorable Morey Leonard United States Magistrates Plotkin Sear Field Superv isor Field Supervisor The Honorable Lance M . Africk JD, Tul ane University; LLM. University JD, Tulane Universi ty JD, Universi ty of North Carolina of Virginia

~ The Honorable Ginger Berrigan The Honorable Alma A. Chasez The Honorable William Byrnes JD, Louisiana State University J D, Tul ane University JD. Loyola University

The Honorable Edith Brown The Honorable Ronald A. The Honorable Charles R. Clement Fonseca Jones JD, Tulane Universi ty JD Loyola Univer. ity (La.) JD, Loyola Univer ·i1y (La.)

The Honorable Eldon E. Fallon The Honorable Louis Moore The Honorable Robert J. Klees JD, Tul ane University JD, Loyola University (La.) JD. Loyola Uni ersity (La .)

The Honorable M artin L. C. The Honorable Joseph C. The Honorable Moon Landrieu Feldman Wilkinson, Jr. JD. Loyola University (La.) LLB, Tulane University JD, Tulane University The Honorable Miriam Waltzer The Honorable Ivan L.R. JO. Loyola Un iversity (Lu .) Lemelle JD, Loyola Universi ty (La .) Exhibit 5 Carl Bernolsky llffll

. f\LEO . .IJ.S . 01 ST.RLC .l...C OU RT rA~nr)\.: ·n·~.'·p1i:: ... or ,_b

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MINUTE ENTRY BERRIGAN, J . .. ~OVEMBER 23·, 1998

DR. CARL BERNOFSKY CIVIL ACTION

VERSUS NO. 98-1792 c/w 98-2102

ADMINISTRATORS OF THE TULANE SECTION 11 C 11 EDUCATIONAL FUND IT IS ORDERED that the plaintiff's motion for recusal is

hereby DENIED. For the record, the undersign1~d 1 s only teachi~g 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 Arnistad

Research Center is a distinct corporate entity which is located on Tulane's campus . In any event, membership on the Arnistad'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.

Exhibit 6

url Bernofsky

tlO~ 2 4.11i DATE OF ENTRY . ···-·· ··- ... MtWWiiiAMMifdlDffiiMN

primari ly the debate over the difference between law and Fair Ho11si11g low and Litigation Federal Practice & Procedure: Appeals Seminar custom in pre-industrial societies. The course will then This course will cover the body of federa l law prohibit­ This course covers ~he Federal Rules of Appellate trace the development of Roman law from the Republic ing discrimination in housing and real-estate related Procedure and their application in litigation before the through Justinian, to the rebirth of Roman law in Italy in transactions, with a particular emphasis on Title VUI of federal courts. Topics include, but are not limited to, the Trecento. It will look at the influence of Germanic th e Civil Righls Act of 1964, as amended. Topics will post-trial motions preparatory to appeal, perfecting an law in continental Europe, and its survival in customary include fair housing law as applied to rental housing, real appeal, appeals from in terlocutory orders, and US law, particularly in France, then turn to the "separate estate sales, mortgage lending, homeowners' insurance, Supreme Court practice. This course is a component of course" of England. Two areas of substantive law will be and publicly subsidized housing markets, as well ns to the Appellate Advocacy Clinic and must be taken by stu­ further explored, th.e development of different marital residential rncial segregation. Throughout the course, stu­ dents enrolled in that clinic. It is also open to studenls not property regimes and family Jaw. Fina lly, the course will dents will be challenged to consider the connections enrolled in the Appellate Advocacy Clinic. This course is examine English resistance to codification. 3 credits. Mr. between housing opportunity and upward economic limited to 20 students. 3 credits. Mr. Allbrinon. Bonfield. Not offered 1998-99. mobility, the appropriate ro le of government in ensuring equal housing opportunity, and the strengths and weak­ Federal Practice & Procedure: Trials "+ European Obligations, France nesses of liti gation as a tool for creating an equal housing This course covers the Federal Rules of Civil Procedure This course is an alternative to the first-year course in market. 3 credits. Ms. Seicshnaydrc. and their application in litigation before the federal Obligations I for those upperclass students who have not couns. 2 credits. Judge Schwartz, Chief Judge Sear, and taken Obligations I and who want an introduction to the Family low, Common low Magistrate Wilkinson. basic principles of obligations as they exist in a European This course is a study of the rights and obligations in coun tr y (this year, France) rather than in Louisiana. fomrnl and informal family relationships, and the break­ Feminist Legal Theory 3 credits. Mr. Palmer. Not offered 1998-99. down of marriage and its incidents. such as: separation The course will present an overview of feminist legal the­ agreements, divorce, division of property, support, and ories, including radical, cultural, postmodern, and cri1 ical Evidence custody. 3 credi ts. Mr. Couch and Ms. Grossman. race aspects of feminist legal thought. We will also The focus of thi s course is on the law and policy consid­ examine the applica1ion of feminist theories LO specific erations surrounding the proof of facts (and law) in judi­ Federal Co11rts areas of law, e.g., contract l,iw, property law, and interna­ cial proceedings. 3 credits. (A 4-credit version of this This cou rse addresses the role of the federa l courts (and ti onal law. 3 credits. Ms. O'Neill. Not offered 1998-99. course, described below, is also offered.) Ms. Brown­ state courts) within our federal system of government. It Scott. Mr. Childress. and Mr. Fontham. is designed to provide an understanding of the allocation Financial lns1it11tions of judicial business between state and federal couns, and This course covers the law of banking, finan cial insti tu ­ Evidence of the relations between the state and federal govern­ tions, and capital markets. Monetary growth, Federal The subjects of this course are the rules of evidence and ments at a more generol level. Topics traditionally covered Reserve policies, deposit insurance, chanering, branches, the th eory of fact finding in Anglo-American 1:iw courts. include fcdernl question nnd diversity jurisdiction; coll:it­ electronic funds transfor. mergers. and holding companies The course will address 1hc concept of re levance, burdens ernl anacks on criminnl convictions (hnbens corpus); th e arc given major emphasis. A brief survey of contrasting · of proof and presumptions, the hearsay ru le and its role of state courts In the enforcement of federal rights; rcgu lmion of savings institutions, iusurance companies. exceptions, rule restrictions and lhe theory of cross­ Supr me Court review of stale court judgments; state mutual funds, pension funds, in vestment banking, and the examination and impeachment, the law of privileges. and sovereign immunity: th e an ti -inju nction acts: various Stock markets i• n,,.,.,; ,1,.,1 D,"hlr,m .. r ,1iscrimim11ion, the relationship of the Constitution to lhe rules of evi­ judge-made abstention doctrines: and th e law-making t:api lal orrnati xhibit 7 ind regulatory dence. 4 crcdi1s. (The -c redit ver~ion of this course is powers of the fcdcrnl courts (fcdernl common law). reform arc alsc akc an exami ­ describe(.) :ibovc.) Mr. Strick! r. Not offered 1998-99. Prerequisite: Constitutional Law I. J credit.~ . Mr. ollins. nation for 1he \ arl Jt cnm lsk} for part of th e grade. J credits

mirrors that. but he's evenhanded with cases I.hat get to the time of Jones' deat.h. Berrigan said of her assignment, court." "He is middle of the road in ci vii matters." "This is certainly a challenge, and l expect to work very Most criminal defense lawyers said Sear is fair. "In hard." N_ew York Times. January 18, 1996 criminal matters he's not inordinately pro-government." C "He is better than some regarding being too pro­ Lawyers' Evaluation Lawyers with a limited number govemmenL" "He's pro-government, but not terribly so." of appearances before Berrigan since her 1994 appointment "He often takes sides, and sometimes he takes sides are very impressed with her ability and willingness to work depending on the lawyers .and sometimes de~nding on the hard. "She is always well-prepared." "She is very bright issues, but he's bett.er than some about not being 100 pro- and very thorough.' ' .. ln terms of ability, she's the best." govemment." . "She's very bright and very hard-working." "Her legal Criminal defense lawyers said Sear senten~es in the ability is excellent." "She has a brilliant legal mind." "She middle of I.he guidelines and is not likely to grant a down is very involved in the legal aspects of the case. She reads departure from the guidelines. "ln sentencing, he's not the the briefs and the cases- the authorities. and is very heaviest hand. He's middle of the road in sentencing." prepared." "She's very good." "He's down Lhe middle in sentencing." "You wouldn't Litigators familiar with Berrigan said she is extremely expect a downward departure from him." "He might ~epart cordial Lo lawyers. "She is the nicest judge to members of if the government urges departure because' of cooper:ltlon, the bar. She has juice and coffee and donuts." ''She's very. but he won't otherwise." cordial." "She is very couneous." "She talks to defendants-she is very cordial, she will greet them and wish them good luck.'' "She is thi:._n1ost pleasan t judge. She is very lawyer-friendly ." "She's extremely fri endl y to Helen Ginger Berrigan members of the bar. She makes you feel at home in her courtroom and chambers." Berrigan keeps control of her counroom, bu1 lets District Judge; Louisiana, Eastern at torneys present their cases, according 10 those familiar 500 Camp Street with her. "She takes her time to lis ten to everyone and Room 556 doesn 't interrupt like some of the ot.h~r judge~." "She.really New Orleans, LA 70130 wants to hear your argument." "She 1s very involved in the (504) 589-7410 courtroom." "She conducts her courtroom fairly . She knows Fax: (504) 589-2643 how 10 rein in lawyers and when 10 do it." "She is very Born 1948; appointed in 1994 by President Clinton good. She lets the lawyers do some voir dire and that is rare Education Univ. of Wisconsin, B.A., 1969; American anymore." "She lets you try your case." "She lets you do Univ ., M.A ., 1971; Louisiana State Univ., J.D. 1977 your thing, so being in her counroom is really easy, in Lha1 you get 10 present your case." "She's very informal. She's Private Practice Gravel Brady & Berrigan, New not a prima donna and she isn 't taking herself 100 ( Orleans, l 978-94 serious! y.' · Most lawyers said it is too early 10 see any leanings in Clerkships Law Clerk, Louisiana Department of either ci vii or criminal cases, but indicated lhat she is more Correc1ions, .l975-77 ' ,. . . likely to listen Lo a good criminal defense argument and more likely to gr:int downward departures in sentencing than Government Positions ;. Staff Attorney, Governor's most judges. Pardon, Parole·· and Rehabilitation·Commission, 1977-78; . Civil litigators said Berrigan referred their cases to Legislative Aide Senator Joseph E. Biden, 1972-73; Staff magistrates for seulement. Researcher, Senator Haro!d.E. Hughes, 1971-72; Member, Louisiana Sentencing Commission, 1987-1994 Miscellany Berrigan's private practice focused almost entirely on criminal defense work, mostly in stale court. She Other Employment Assistant to,Charles Evers, Mayor served as co-counsel to Louisiana Governor Edwin Edwards of Fayette, Miss., J973-74; Graduate Assistant, Department in the mid-1980's after he was indicted along wit.h several of Communications, American Univ., 1971; Administrative others for alleged fraud in connect.ion with the awarding of Secretary, Boston College; Staff Assistant, Univ. of so-called ''certificates of need" for construction of privately Wisconsin owned, for-profic medical facilities. Governor Edwards was eventually acquitted of all charges. Berrigan also writes and Professional Associations Loui.siana State Bar Assn., annually updates Louisiana Criminal Trial Practice, a 600- 1977-present; Bar Assn., Federal Fiflh Circuit, 1986-presem; page compila1ion of lhe slu tu1ory and jurispruden1ial law of Louisiana Assn. of Criminal Defense Lnwyers, 1985-1994; crimin al procedure in Louisiana, upon which criminal New Orleans Assn. for Women Attorneys, 1987-1994; pructitioners in 1he sta te rely. Inside Litigation, Feb./March, Louisiana Capital Defense, Project, l 986-88 · 1994. Other Activities Committee of 21. 1989-1993; American Civil Liberties Union of Louisiana, 1989-1993; Porum For Equality, 1990-1994; Amistad Resenrch Center, Tulane Univ., 1990-present Media Coverage .1996: Berrigan was assigned to Exhibit 8 oversee a class-action lawsuit against the nation's largest tobacco companies. Berrigan replaced Okla B. Jones 2d, who died in January of leukemia. Berrigan's :ippointment to Ca rl Bcmofsky ) lhe case had no immediate effect because the class-nction · ( status was before a Federal appeals court in New Orleans at ------~-.--~-~~1997-1 Almanac of the Federal Judiciary .• Volumo ,1 5th Circuit • 3 <019~7 Aspen Law & Bu.slness THE AMISTAD RESEARCH CENTER

.. •, . , .., ·-·

. ,c, .;. '·i ~ ...... \''. i ~: ~-

The Amistad Research Center is localed in Iha north wing (10 the right) of Ti\1on Memorial Hall.

The American Missionary Association (A. M. A.) established the Amistad Research Center in 1966 to serve as iLS archives departmenl. The Center was localed al as an .adjunct to the A. M. A. 's Race Relations Department with Clifton H. Johnson serving as director of both the Cemer and the Race Relations DcpartmcnL. In addition to administering the parent body's archives, Amistad was directed to collect manuscripLS and other primary source materials relating to I.he history of those clhnic groups with which the A. M. A. had historically worked , specifically , Native Americans, Hispanics, , and Appalachian whites. The Center began with the archives of the A. M. A. from the formation of Lhe Amisl:id Commiuee in 1839 to the end of the Reconstruction period, approximately 350,000 documents. Collecting more than three million items during iLS first three years, the Center soon required additional space and staff to provide satisfactory security for iLS precious holdings and LO make them accessible for research use. The A. M. A. was commiued to the support of the six ins titu­ tions of higher education and other programs, and the needs of the Center required more funds than

Exhibit 9

Carl Bcmofsky the Association was prepared to give al the time. Consequenlly, the A. M.A. allowed Amistad to incorporate as an independent institution with a self-perpetuating board of directors. With assurance from the A. M. A. that its basic support would continue, I.he Center was now free to solicit support from other sow-ces.

After incorporation, the Center moved to I.he campus of , which generous­ ly provided housing and other services for a decade, dwing which the manuscript holdings increased beyond the capacity of I.he quarters Dillard could provide. Consequently, in 1980, the Center moved into Lhe Old United States Mint under a dollar-a-year lease with the Louisiana State Museum. It was believed that the space there would provide adequate quarters to accomodate the Center's growth for the next fifi.een years, but in six years I.he expanding holdings had filled all available shelf space. When this became known, several prestigious universities submiLLed propo­ sals to have the Center locate on their campuses. After a year of consideration of the various pr~posals, the board of directors selected Tulane University as the Center's home. In addition to providing larger quarters and additional financial support, Tulane allowed the Center to retain its independence. One external factor that led to I.he decision to move LO its present home was a petition from several thousand African American residents of New Orleans asking the directors to locate the Center at Tulane. Another facLOr was I.he organization by then mayor Ernest N. Moria! of the Amist.ad Educational Consortium composed of nine New Orleans institutions of higher education which pledged to work with the Center in developing programs Lo serve the entire New Orleans community as well as scholarly research.

Today the Center holds approximately ten million manuscript pieces. over 19,000 books, runs on 1,125 serials, 1,711 reels of microfilm, hundreds of oral his.tory interviews, and a variety of other sound recordings, video tapes, and motion picture film, all of which document the histo­ ries of race relations, civil rights, and the life and culture of ethnic minorities in the United States. The Center also holds more Lhan Lhree hundred paintings and pieces of sculpture by African­ American artists and over one hundred pieces of African art. These resources au.n1ct research schol­ ars to the Center from around the world, and the works of art have been exhibited in some of America's leading museums.

While the Ceni.er endeavors to collect records of significant institutions and organizations and the personal papers of men and women who have achieved fame and wide recognition, it has had riocable success in its special emphasis on documenting the day-to-day life of the people. Another distinctive feaLw-e of I.he Ceni.er is I.hat, in addition to serving advanced research scholars, efforts are made to encourage others, especially clcmcmary and secondary sLudcms, LO use the holdings and experience the thrill of reading and interpreting I.he raw materials from whi ch history is written.

2 THE AMIST AD LOG

1990 Annual Report

The Amistad Research Center at Tulane University New Orleans, Louisiana

-·-· ----· ----·- ~ --- - ..-.- ~---,;,_..,,---....------..;_------

Because the organization files a Federal 990 information return as required of non-profit organizations and reflect· ed no non-business related income, the organization paid no income taxes for the year ended December 31, 1990. +- 2. LEASE: During the year ended December 31, 1986, Amistad Research Center entered into a leasing arrangement with Tulane University whereby Amistad Research Center would move its operations to the Tulane Campus. The lease Is for a period of ten (10) years, free of any rental assessment, and terminates on the 31st day of December 1996 and is automatically renewable for eighteen successive five year terms.

Tulane University will make alterations and Improvements to the premises, provide and install furniture and flX!.ures and prepare the premises so as to render them suitable for Amistad 's purposes and shall bear all reason­ able costs not to exceed the sum of $200,000 in connection therewith. In addition, Tulane University will bear relocation expenses not to exceed $12,000.

Amistad has agreed to reimburse Tulane for the above incurred costs if Amistad should terminate the lease an .J amount equal to one-tenth of these costs for each whole year of the primary 10-year term remaining following such termination.

During the term of the lease, Tulane shall contribute to Amistad Research Center annually the sum of $63,200 as an unrestricted cash operating subsidy. This amount wlll be adjusted annually for inflation.

3. ENDOWMENT FUND:

The United Church Board for Homeland Ministries handles the major portion of Amistad Research Center's endow­ ment fu nds. The following Is a summary of the Investment funds held by the United Church Board for Amistad Research Center as of December 31, 1990.

OUOTEP QQfil MARKET VALUE Investments held by United Church Board: Cash $24 ,905 S24,906 Common stock 450,328 472,880 Bonds, corporate 292,651 312,098 Bonds, U.S. ...iQMQ2 515,961 TOTAL 1,176,387 1,325,845 Less Investment income due to General Fu~d (13.077) /13,0V9) TOTAL ENDOWMENT FUND $1,163,310 1.312.768

The aforementioned Endowment Fund provides for the payment of income to Amistad Research Center, on a quarterly basis, for the Income earned on the Investment. Such income is reflected on page 20 as endowment income.

4. FELLOWSHIP FUND: • 'I During the year ended June 30, 1985, the research center received funds from the Friends of Amistad which were designated for the purpose of establishing a Fellowship Fund. The said funds were transferred to the United Church Board for Homeland Ministries which has been elected to administrate the iund.

5. INVENTORY:

During the year ended December 31, 1986, the research center purchased etchings of General Toussaint Wuverture for the purpose of selling same to prospective donors. The Inventory of etchings Is reflected on the balance sheet (Page 19) at cost.

The sales and cost of safes of the aforementioned etchings of General Toussalnt Wuverture Is summarized as

22 Exhibit 10

arl Bcmofsky THE AMIST AD LOG

1990 Annual Report

The Amistad Research Center at Tulane University Ne,v Orleans, Louisiana

------. ··-·--·-- .. -··- . ·-· ··- judge could somehow be perceived to be a part of an intrigue against the plaintiff. The suggestion is rejected.").

Another "tenuous connection" to Tulane is Judge Berrigan's involvement with the

Amistad Research Center. While the degree of her involvement is best known by the Judge, the relationship between Tulan~ and the Center is a matter of puh1ic record. The .tunistad Research

Center (hereinafter the "Center") is a non-profit corporation and a completely separate entity from Tulane. [Attached hereto as Exhibit "A" is a description of the Amistad Research Center as contained in the Tulane Faculty Handbook]. Tulane neither controls nor owns the Center, and does not pay the salaries of its employees. Tulane provides space for the Center on its

Uptown campus. There, the Center makes available to the general public materials of historic significance pertaining to the history and culture of ethnic minorities in the United States. The

Center is administered by a Board of Directors, only two of whom are appointed by Tulane. -+

Tulane's appointees are drawn from its own faculty and staff. Tulane has never appointed Judge

Berrigan or any other judge to the Center's Board of Directors.

If · it 1s, indeed, Bernofsky's contention that there here exists the appearance of

impropriety based upon such limited contacts, he has ignored case law to the contrary, See, for

example, Lunde v. Helms, 29 F.3d 367, 370 (8th Cir.1994)("We do not think that the district

judge's having graduated from the university law school, even though the university is a party

defendant, without more is a reasonable basis for questioning the judge's impartiality."); Easley

-4- 29062 2 Exhibit 11

arl 13cmofsky UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

CARL BERi'iOFSKY * crvn. A.C"fION * ,;: NO. 98-1792 VERSUS * c/w 98-2102 * * SECTION C THE ADMINISTRATORS OF TI-IE * JUDGE BERRIGAN TULANE EDUCATIONAL FUND * MAGISTRATE 5 * MAGISTRATE CHASEZ * * * * * * * * * * * * * * * * * * * * * * * * * * *

DEFENDANT'S MEl\tIORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION TO RECUSE FOR RECUSAL

f\1AY IT' PLEASE THE COURT:

Defendant, the Administrators of the Tulane Educational Fund ("Tulane" or "Defendant")

submits this Memorandum in Opposition to plaintiff Carl Bernof sky's Motion for Recusal.

BRIEF FACTUAL SUMMARY

This is the second recusal motion filed by Bernofsky within the past month in the

consolidated cases before this Court. Recently, Magistrate Judge Wilkinson disqualified himself

290622 .,.._ . ,r ... """J'"'"'" ' "I ... _ ...... , ... onze SCJlpture by Amancan Indian arus1 -Ro1i,e A. ::k and 'Nhile pho1ography by Herman Leonard and VISION QUEST 1034 Royal St .• 523·0920-Umque artJ lactS , auve Amencan pnnis, histonc pos1ers and pi;stcaros.

U:Z ART GALLERY 2337 Sr. Claude Ave. . ZEITGEIST ALTERNATIVE ARTS CENTER 201 0 Ute Ely Jazz, we>rks by Richard Thomas: Pieces of Magazine Sr.. 524.()()64 - Recent paintings and e1ch1ngs by y young artists. . Michael Landry, lhroogh Aug. 29. S-SPERRY GALLERY 324 Picayune Place mp and Magazines streets). 522-6906 - Ja1nungs. sculpiure. photography and prim,hve Jew- museums

ROOM GALLERY 904 Paullfle St .. 949·1805 ARSENAL Ad)acent 10 /he Cablldo, Jackson Squa,e. 568-6968 1d sculp1ure by Pau D'Arruco and Wilham Warren. - Louisiana and I/le Mrg nty Mississippi, permanent loslallation lea· wring Ship models, painungs. photographs , navigational devices and rare an1lacts lrom famous vessels. "-NDERSON MUSEUM OF ART 510 e.. Ocean SprJn!,S. Miss .• (601) 872·3154 - Mo1,on CAB IL Do Jacksoo Square, 568·6990 - National Council al • Visual Rhythms of Waher Andersoo. w01ks by Jew/sn Women Celebrates a Centennial o/ Service ro New Orleans. lellow Missrss,pp, artist James Seawnght. lhrough exhibi~(),'1 ol pholographs. documen1s and memorabHia chronicling ·ed Dream: The F1Jends ol Watrer Anderson (1975· Ille Council's history ol communily serv,ce. through March t 999. iwo dozen ar!Works lrom Ille 01gan1zauoo. through CANNES BRULEE NATIVE AMERICAN CENTER Lowsiana Wildlife and Fisheries Museum. 303 OREHEAD FINE ARTS 603 Jufia St. , 558· Williams Blvd., Kenner's Rrver1own o,s1ncr. 468-7232 - Guided 'acing, pain1,ngs by Bernard Mauox. lhrough July 24. tours and presentalions given by membl:rs ol Native Amencan 1rloes. SPIRATIONS/YOUNG ARTISTS INC. 1.. 529·3306- New work by high school and college· GALLIER HOUSE 1118-1132 Royal S1 .. 523-6722 - SIS. Victorian interiors , delailed counyard and slave quaners adOln the restored 1657 townhouse of New Orleans ardlitecl James Gallier Jr. GERMAINE CAZENAVE WELLS MARDI GRAS spare MUSEUM Arnaud's Restaurant. Second Floor. 813 Bien..,Jle St .. 523-5433- carnival costumes. vintage photographs and memora­ bilia ol Carnival celebra.uons lrom 1937 through 1968. spaces HERMANN-GRIMA HOUSE 820 SI. Louis St .. 525-5661 - Accurale depictions ol C1eole IJle prior to the Civil War in this LO-SOUTH ARCHITECTURAL 1831 home. Including a private slable, counyards and a working 4801 Wash111gron Ava .• 486-1150 - Vinlage black kitehen. :igraphs ol lhe New Orleans musrc scene. HISTORIC NEW ORLEANS COLLECTION 533 !GAS 3127 Esplanade Ave .. 945·5635 - Royal SI., 523-4662 - Made In Amen·ca: 81/I Russell's World ol y ElliOI KarnenilZ, lhrough Aug. 16. Jazz, Russell's colleclion of manuscriptS, boo~, sound recordmgs. anilacis and photographs docurnenling the deveiopmenl ol razz. LOUISIANANS 813 Royal Sr.• 528-3094 - lhrough Oct. 31. ;,ana arusts. LOUISIANA CHILDREN'S MUSEUM 420 Julia Sr .. , NATIVE 3137 Magazine St. , 899-5485 - 523 1357 - What Will /1 Take To Save Our Lake. interactive mulli· Its by more than 50 Louisiana arti s1s. leatunng pol· media exhibilion addressing environmental protecuon of Lake its. ceramics and more. Pontchanrain. T CITY BREWHOUSE 527 Decarur Sr .. 522· NEW ORLEANS MUSEUM OF ART I Collins Diboll ne< Memones. Judged art show leatunng works by Circle, City Parle. 488·2631 - Visioos and Voices: Native American Peti t Ari Guild, through July 31 . Pajnt/ng From /he Philbrook Museum al Alt, Sing,ng the Clay: IIONKEY 3119 Magazme SI .. 899-5587 - Pueblo Pot1ery of me Southwest Yesreraay and Today. Picas5() J attordallle glassware, metalwork. fumllure and Ceramics From New Orleans Collec&ons. lhrough August 2. Echoes / Born Perotta. Marcie Herberger, Carol Masdller. i"l lhe Saence, drawings by Benjamin Levy. lhrough Aug. t 5. Busoo ,ty and Charles Gillem and Taiga: Masters of Japanese Literati Painting. lhrough Aug. 30. '. DEBAUTIE 434 Julia Sr.• 592-341' - High­ OLD u.s. MINT 400 Esplanade Ave .. 568-6990 - New nd line ar1 in aluminum. ,ron and lealher. mulu-media Orleans Jazz, photographs illustraung lhe oty's music 1radiuons by m Murray: atistracl metal SCr.Jlpture by Laura Thom: John McCuskar. Syndey Byrd. Tern Mims. Michael Smith and oth· Rocky Gabossi; bronze sculpture by Bran! Kmgman. elS. Permanent exllibiti(),'1 ol Ma.rdl Gras memorabilia lrOln around the state. :OS 5523 Magazine SI.. 891-6141 ; Sr. Louis 51.. Royal Sr .. 523·3100 - Indonesian woodcralls and PITOT HOUSE 140 Moss SL, 482·0312-Eighteenth centu· ry French ColoniaVWesl lndles home lumished wilh an~ques lrom the 1800s. >IGN STUDIO 3646Magazina St .• 897-2290- llhi Sauls. WOl1

Exhibit 12

arl Bcrr.otsky 283 GREATER NEW ORLEANS BUS TROY 1.-TULANE Troy & Landry Place To Be True Wall Construction Co Continued From Lui Column Tulane Rehab llll.atl on Center- 6729 OldGeo~R~ 70126------243·3041 92H~~d• t.lanolOOJl-----341·7249 Tuboscope Vttco lntern1tion1I Inc- UOI SO!inw Ptwi ~/Ol2l--- 7:16-4897 Troy Stale University- True Word or God & Christ Coating Servlces- Dial Direct For Tht Following tlOO Gener" w.i,, A• 70111 368·7316 Missionary Baptist Church llll ;,acv,dd Morgan Qty 384· 1364 Depu1menb- ZIOO s l!elt 0.....11")' Bellt°'"'5, 394·9424 :>119 Louiwna '""" ""'170125 827·SSl0 Hwj l&l £~ ... Iberia LI- Lll1yettt Tel No· ·237· 1940 Admlsslons ------736·4658 ~o.uo,,;,,. 70146 94S·Jl56 Truette & Wenzel Ind 2B',()lJul.i!tSt --834·1500 Inspection Services- Adm lHions F11 Line 736·4885 Troyer Enterprises !mOIIIVaSt 701V- 947·9626 Truranl Samuel MD IU51ui>ll1A, 1111ll- 588·5231 205EWoodl,woi.alldlR~ HOU1111111l6J ---87J•n67 Administration 736·4934 Troyer Wayne Arch itect Trurant WV olc 11¥ililnf Bldg 588·9044 · Fu Line 340·5807 Adm inistration Fu Lint ---736·48&3 &l3 ~ 70ll.l S93·9074 Res lZJ9 PMf 101.JO 523·6251 Tucel f Walker Jr CPA Patient lnlormation Troy's Roofing & Remodeling ---341·2397 Tru!ant WV Jr M~itimt Bldg 588·9044 101St°"'1a A, 10171l------58l-S4S4 l201 S C\f,,_ Pl.., JdlfflOflJOW - 736•4815 Troy's Roaring & Rt modeling Truitt Jack E (Bobby) lllJ Rts 708 flitf,c!GA, G,,.,, IOO!i6 393·0403 Tulan e Senior Housing llli.lnneO. MNiritJOOll-----737·41176 lOVRid9!1ol1Dt l!!Uir~700J2 837-1230 Tucker And Associates Inc llJl loli<'e b 701!9------41UHl830 TROY'S TIRE SERVICE Trujillo Carlos A MD olc 6l6Gir<.!C. HltM!or>dLl7040l--345-2288 llllM~c.ilC.n1trB"'1 Mano10012-·--349·68ll Tucker Designs Ltd 464·7479 Tu lent Shi rts Manulacturl ng In c Tru·Colour Inc sss 5w1ffJSt roll!-- 821·9999 Trumbaturi Brenda F Tucker Engineering 2)1HnorCi(JOl26------243·2301 TRU TRUCK I NG 580-1600 21u c,,o«11Jtt 101.JO-·----- 899·2565 2Sll s.rviru o, Bilo,i Ms 395.Jl --:us JJl8·S-45l Tru4/alu Discount Drugs Trumbatu ri Larry Tucker Garrett R III MD MPH ill5Caoaliho70l21------482•117S !.lll/L1fmfCICNll!l(n11000 - ---- 279·3SOS llllMOSl Batno~oogel•70llll2-- 225 344·2098 o w- 68ZI s1 ~ A"""' roua 86S-S ooo llll ll!du c..ttr BM! ~o/0072--- 340·6976 l8Sl KCM.-.iYIIMI Meta,itl1l001--- 840·4910 Tucker Jonph H l'l10 S!in>c1St 70111-- 862-9002 Student Directory Information --865·4000 l20 11udowatsl Gil\fSt /Olll-363·0074 ADST Truck & 14/J,IO.,;OD, M,tairit/0003 885·9544 Tucker's Grocery Store 6lJG1011, --436-18SS Rental leasing See African Diaspora Studies At Tulane 908 Shrewsbury Rd Res il6Alld,ewiA,Melliri! 833·2465 Tuesday Morning Incorporated Admissions Under~raduate Jefferson 70121 ----837 •9091 Truss Marion MCD Od>111t1 llnic ---842·4085 601 T,rryl',w/ Turytown10056 ----367-9217 Divisions ------86S·S73l Trust Company or Louisiana Tuesday Morning Inc 1i!U Adm issions Graduate 8, Truck Insurance Cartel Tht l!Z01.:M10111,c Jeff1tiofllO 70111 833-;-3734 TSCI 4l4SC.llor!St 10119 821 • 1951 Tuazon Jamie Or ~ Rn!I Rd W,qgam1n~---- 431-1488 Men's Tennis 862·8237 Church~ NBu,.., JOlli 821·1882 · ~~noralM,,.,,, lOlll - )68•5074 Tulane fleet Inc Sports Information 86S·SS06 True Hur1 Missionary Baptlst Tubb James MMD oft 8400Rile,Ri w~,ma,70014----431-5600 Student Services 865·5571 Church SJOBtng~Rd Rrm!dgl1llll--468·9376 422SHouma81vd Metai!f;J10jdtn 701!8 866·2465 fu line 12llll lstAw H¥vrrl0058 ------J40·~~9 Tulane Hous in9 l02'1FromS170113-- 866·5738 Wom en'1 Soccer 86S•SS6~ True Lon Full Gospel Ministries Tube Turns Div 01 Allegheny TULANE INDUSTRIAL Women's Tennis 865·S50) I lJl2 o1tnS1 w,1MtOIOO'II -----340·4060 lnlemetlonal Inc Lou,s Yill, Kr LAUNDRY INC Band Director 865·5 U9 True Love Missionary Baptlsl · Toll Free·Dlal 'l' & Then ---- 800 616·5655 1«16Stlcoo 701!! -----822-4411 Ba rber Shop 865·5650 Church VlO PM1 l'OllJ S24·2937 Tuberculosis Association Tulane Institute 01 Sports Med icine Blotnvlronmental Research-- TRUE TITLE INC 21X1Jri1mon ~oyJtff"so,,/Olll---832·0957 11l2McAll!l!luu,,;,,. - ----864·1476 Center For ------862·8370 l SN-otO AJci...s/OU4 368-1118 Tubeulu l&l6AecoA• &a1onRoo/9! Tul1ne Medical Center Admlnlstr1llve Office 585·6910 True Value H1rdw1,_ Toll Free·Dlal '1' & Then - - 800 54)·6840 See Tulane Un iversity Medica l Center Bio logy Ste CMB I EEOB 1205Ja,,.;,81vd A,onilllt/0094---- m -1000 Tubespec Inc TULANE MEMORIAL BAPTIST Board 01 Admnlstr1to" 86S·S738 Mi~M!fltt11400 30102 IC e.-Ao.. ro, 109 • 205 !Wood~"" R:incll R4 Hmia70l6J--- 873•7767 Tulane Physlcl 1ns Eye Center', ' i-. •, • ;1,: M i670 Pvtlli1h,09 COrD01 1•on Im Continued On Neu Column · llll Mtaa!C- e;.o "11trol0012~ 349·6213 Exhibit 13

Carl llernor ky @BELLSOUTH ~··

, • .:'~.'•.• , .: ;,~: ...... : J .: ; .., .'.-:·., Visit The Real Yellow Pages~ Online .. ::·_: www.yp.bellsouth.com .. . · ,,, . ·. · · · · · Greater New Orleans

White Pages 100% Roeydabie Including municipalities shown on page 3. PnnltO on Aecyci.d Pai,et

October 1998 o•mlW'CO Includes customer listings for all Use Until October 1999 local telecommunications companies. Tulane Academic Resources - Centers http://www.tulane.edu/general/text/acres5.hnnl 11 ---·------· ··cENTERS -· .. ··-- --- __ ,, I • Tulane Center on Agmg - · • Amistad Research Center ,_ • Center for Bioenvironmental • Middle American Research Research Institute ' • Tulane Cancer Center • Murphv Instin1te of Political Schools • Tulane Center for Economy Cardiovascular Health • Tulane University Musemn of Colleges • Career Services Center Natural History • Coalition for Cultural • National Institute for Global Programs i Enhancement Environmental Change I • Tulane Herbarium (NI GEC) - South Central Departments ~ • Coordinated Instrumentation Regional Center Facility • Center for Photoinduced Centers l • Educational Resources and Processes Counseling • Project Return Course Materials • The Garry Lab (School of • The Tulane Re12ional Primate ~ Medicine) Research Center Research • International Student Center • Newcomb College Center for ~ • International Communication Research on Women Interdisciplinary I EnJrnncement Center • Southern Institute for Projects • Tulane Center for International Education and Research Resource Development • Student Heal th Center • Language Lab I • The US/ Energy and • Goldring Institute of Envirorm1ent Technologv International Business Center (EETC) • Center for Latin American Studies

University Information I Admissions I Student Life I Alumni I Athletics Medical Center I Computing I Libraries I Phone Book I Map I Search

Exhibit 14

url Bcmofsk I of I 1/9/99 2: l4 PM ARC Home http://ww\ .tulane. du/-amistad

Amistad Research Center Staff

Shannon Burr I -Archives Clerk I Donald E. Devore Ph.D. -Executive Director [email protected]

Rebecca Hankins -Archivist II hankins@mai !host. tcs. tulane.edu

Venola Jones -Cataloging Librarian I Beatrice R. Owsley -Archivist I Regina Perry. Ph.D. -Senior Art Curator I I Mark Phillips -Archives Clerk I Alvery Rodney -Comptroller/Administrative alver;[email protected] Assistant

Brenda Billips Square -Head of Archives and sguare@mai host. tcs. tu lane.ed u Library

Exhibit 15

arl Dcrnofsky

of6 01 /22/99 18 :46:49 Shannon Burrell, Amistad Research ... iversity, United States of Ahtq,iha:500.tcs.rulane.edu:8888/So ...sity %2c%20c%3dUS?S=shannon+burrell

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• The World • United States of America • Tulane University • Faculty and Staff • Amistad Research Ctr

Found match on exact Shannon Burrell en Shannon Burrell Shannon Burrell title Library Clerk description Arnistad Research Ctr telephonenumber + 1 504 865-5535

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Exhibit 16

Carl Bcmofsky

1 of 1 01/22/99 18:30:44 Donald P Devore. Amisrad Research .. .iversity United States of 1\11µ:t.u:aOO.tcs.tul ane. edu:8888/So .. .ersir y%2c%20c%3dUS?S=donald+devore

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• The World • United States of Ameri ca • Tulan University • Faculty and Staff • Amjstad Research Ctr

Found match on exact Donald P Devore en Donald P Devore Donald Devore mail

ddevore@'-' .ma i Ihost. tcs. tu Ian e. edu title Executive Director description Amistad Research Ctr tclephonenumber + 1 504 862-3225 See ana ttrib utes

1 of I 01/22/99 18:25:11 Rebecca Hankins, Amistad Research .. . iversity, United States of Jutp:! J~a00 .1cs.tulane.edu:8888/So ... sity%2c%20c%3dUS?S=rebecca+hankins

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• The World • United States of America • Tulane University • Faculty and Staf • Amistad Research Ctr

Found match on exact Rebecca Hankins

en Rebecca Hankins Rebecca Hankins mail annah@ma i Ihost. tcs.tu Iane.ed u arc@nZ'ai lhost.tcs, tu lane .eclu hankj ns@mai Ihost. tc s. tu! ane .ecl u title Archivist description Arnistad Research Ctr tclcphoncnumber + 1 504 865-3229

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l of I 01/22/99 18:31:35 Beatrice Owsley, Amistad Research .. . iversity, United States of Ah1q.,ih'a:500.tcs.tulane.edu:8888/So ... sity%2c%20c%3dUS?S=beatrice+owsley

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Found match on exact Beatrice Owsley en Beatrice Owsley Beatrice Owsley title Archivist description Amistad Research Ctr telephonenumber + 1 504 862-3227

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I of l 01/22/99 18:32:16 Alvery Rodney, Amistad Research Ct...iversity, United States of .Altp!th.:500.tcs.rulane.edu:8888/So ... ersity%2c%20c%3dUS?S=alvery+rodney

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• The World • United States of America • Tulane Universitv • Faculty and Staff • Amistad Research Ctr

Found match on exact Alvery Rodney en Alvery Rodney Alvery Rodney mail arodney@mai lhost.tcs. tulane.edu title Controller description Amistad Research Ctr telephonenumber + 1 504 862-3220

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l of l 01 /22/99 18:35:16 Brenda Square, Arnistad Research Ct...iversity, Unired States dfltµli6CWO .tcs.tulane.edu :8888/Rc .. .%3dTulane%20U niversity%2c%20c%3dUS

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• The World • United States of America • Tulane University • Faculty and Staff • Amistad Research Ctr

Brenda Square en Brenda Square Brenda Square mail [email protected] title Archivist description Arnistad Research Ctr telephonenumber +1 504 862-3221

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1 of I 01/22/99 18 :36:49 PART VJ.

RESEARCH CENTERS AND INSTITUTES

The units named below have been selected because of unusual character, established position in a field of knowledge, diversity of interests reflected, or other distinctive features. Much work of comparable significance is in progress using the various libraries and laboratories on the uptown campus and in the Medical Center as well as in field settings. The libraries are described in the section on Physical Facilities. Most of the laboratories are under departmental administration although some of them serve interdisciplinary efforts. A list of such facilities would be considerable in length and would not represent the type or importance of projects under way.

Amistad Research Center Tulane is host to the Amistad Research Center, a privately supported institution established to collect, preserve, and make available primary source materials pertainjng to the history of American's ethnic minorities, race relations, and civil rights. Founded by the American Missionary Association in 1966, Amistad has collected more than ten mi llion manuscript pieces and historical documents, 300,000 photographs, 400 tapes of speeches and interviews, t 9,000 reference books, runs of39 newspapers and 874 periodicals, one million newspaper clippings, and 15 ,000 pamphlets. The archives contain the official files of some 70 national and international organizations, such as the American and Foreign Antislavery Society, Civil Rights Committee of Metropolitan New York, Free Southern Theatre, and the National Committee Against Discrimination in Housing. Among the more than 200 families and individuals represented in the correspondence files of Amistad are Booker T. Washington, W. E. B. DuBois, Martin Luther King, Jr., Thurgood Marshall, , and Fletcher Henderson. About 80% of the holdings deal primarily with the history and culture of black Americans, civil rights, and relations between blacks and whites. The Amistad Center also holds the Collection, an art collection of more than 200 paintings, sculptures, drawings, graphics. and other works by major Afro-American artists. The Center offers the New Orleans community art and history exhibits, concerts, lectures, poetry readings. and other public programs. Located in the Tilton Memorial Hall, the Amistad Center is open to the public.

Center for Archaeology The Center for Archaeology provides a range of support for Tulane-affiliated archaeological research. Located in the Anthropology Building, the Center offers organizational and logistical support, as well as equipment and laboratory facilities, for faculty and student research projects. Continuing programs include sponsorship of scholarly conferences and symposia, curation of archaeological site collections from North America, and of teaching collections from other areas, and a Lectures in Archaeology series which brings outstanding scholars to Tulane to present public lectures on topics of broad interest. The Center's associates include professional archaeologists both from within and outside the Tulane faculty. Graduate students may be considered for appointment as Research Affiliates for periods when their research projects are linked to or supported by the Center.

Center for Bioenvironmental Research The Center for Bioenvironmental Research, in association with Xavier University, was established in 1989. The Center provides a wide range of support for bioenvironmental research and education conducted by University faculty. The Center offers administrative and financial support and maintains core facilities for major instrumentation as part of a broadly-based multidisciplinary program aimed at understanding and mitigating the impact of man-made agents on human and ecosystem health. The Center supports and sponsors technical workshops as well as scholarly conferences and symposia, and serves as a focal pojnt for communfoating risk and the role of science in establishing efficient and effective public policy in the environmental area.

Faculty Handbook: 7/20/95. VI-I Exhibit 17

Carl Bemofsky The Center's associates include faculty in the sciences, engineering, medicine, public health. epidemiology, environmental health sciences, business, and law.

Center fo r Cardiovascular Health The goal of the Center for Cardiovascular Health is to promote prevention of heart disease through education, research, clinical and community activities related to cardiovascular diseases. Within the School of Public Health and Tropical Medicine, the Center is directed to increasing the understanding of cardiovascular disease. promoting health and behavioral approaches to reducing cardiovascular diseases and improving human development and quality of life. The Center encourages collaboration of individuals with a variety of backgrounds to develop multi-disciplinary programs directed toward preventing cardiovascular disease.

Center for Environmental Engineering The Center for Environmental Engineering coordinates all research efforts in the School of Engineering in the area of environmental engineering as related to environmental processes, impacts and restoration.

Center for Intelligent and Knowledge-based Systems The Center for Intelligent and Knowledge-based Systems (CIAKS) focuses on research in intelligent databases, expert systems, genetic algorithms and other areas of artificial intelligence. A major intent is development of interdisciplinary applications such as remote sensing, public health and medicine, oceanography and aerospace and manufacturing engineering in cooperation with researchers at Stennis Space Center, Martin Marietta and here at Tulane (School of Public Health) and other universities.

Eason-Weinm ann Center for Comparative Law The Eason-Weinmann Center for Comparative Law is the successor to the Institute of Comparative Law which was created in 1949 through generous grants from the Ford and Rockefeller Foundations. In 198 1, John and Virginia (Eason) Weinmann gave a substantial grant to the Center for the purpose of strengthening its activities as well as endowing the Eason-Weinmann Professorship of Comparative Law. The Center serves as a vehicle for enriching and deepening the existing programs of the Tulane Law School by bringing outstanding legal scholars from various countries and legal systems together for seminars and lectures and by publishing the proceedings in the Tulane Law Review.

The Hebert Center The 500 acre Hebert Center of Tulane University is located in Belle Chasse, along the Mississippi River, about IO miles southeast of downtown New Orleans. It was the U.S. Navy's ammunition depot built during World War II, and donated in the I950's to Tulane in an agreement that the estate would be used for research at the University. The center currently accommodates the U.S.-Japan Cooperative Biomedical Research Laboratories, the Tulane Museum of Natural History, one of seven major ichthyological research centers in the United States, the Meade Library of Natural History, and provides special facilities for research and graduate training in such area as neurosciences, environmental health sciences, environmental biology and behavioral psychology.

Maritime Law Center The Maritime Law Center of the Tulane University School of Law is the first and the only center of its type in the United States. Similar centers exist in other countries. The principal objectives of the Center are to: (I) improve fom,al academic training in maritime law, (2) encourage and support scholarly and practical research, (3) provide continuing education for the maritime bar and industry, and (4) perfom, various services in the public interest. In existence since 1983, the Center has brought to the Law School as visiting faculty and scholars, distinguished foreign professors and American lawyers with recognized expertise in admiralty and maritime law. The graduate program in admiralty is administered through the Center. The Center sponsors conferences on maritime law in an international context for both American and foreign lawyers. It also assists the Tulane Admiralty Law Institute i~ conducting its nationally and internationally renowned symposia.

Faculty Handbook: 7/20/95. Vl-2 The interdisciplinary Women's Studies Program. coordinated by the Center, currently has faculty associates representing eight departments and three colleges. The Program offers both the academic major and minor in Women's Studies. The full schedule of lectures, seminars, faculty colloquia and research groups regularly sponsored by the Center contributes to the intellectually exciting dimension of academic Ii fe. Other activities of the Center promoting women·s studies scholarship include the quarterly distribution of the Periodicals· Content Service to faculty associates; publication of a bi-annual newsletter, a series of bibliographic aids such as the "New Orleans Gu ide to Collections on Women," "The Higher Education of Women in the South: A Bibliography." and a "Guide ro the H. Sophie Newcomb Memorial College Archives," and a working-paper series featuring presentations by Center guest lecturers. Additionally, the Center provides funds bi-annually for student research through its Research Stipend Program and, through its Women's Studies Fellowship Program, provides fellowships to women's studies scholars who are without University affiliation in the metropolitan area.

Pacifi c Rim Center To enhance and coordinate academic, information and technology exchanges between the Tulane University community and the Pacific Rim, a unique Pacific Rim Center is proposed and the concept has been approved. During the last four years, the President of the University has visited the Pacific Rim twice with engineering faculty to encourage future interactions with the Chinese Academy of Sciences, PRC; National Chiao Tung University, ROC; and the Department of Health, ROC. As a consequence, we have been able to support an active exchange scholar program with PRC and significantly increase new graduate and undergraduate students who take advantage of our English as a Second Language Program.

Roger Thayer Stone Center fo r Latin American Studies The Center for Latin American Studies is one of 12 federally-funded programs of its sort in the United States. It coordinates the activities of over 80 faculty who offer some 150 courses on Latin America. Graduate students enrolled in the Center's interdisciplinary programs have at their disposal the unjque resources of the Latin American Library, the Middle American Research Institute and the Mesoamerican Ecology Institute (a newly-created unit which sponsors scientific research in Mexico and Central America). In addition, the Center offers numerous opportunities for student field experience in Latin America, both through credit-granting summer sessions in Mexico and through grants for independent research. Currently the Center is funding approximately 45 graduate field research projects per year. The Center's curriculum permits students to design concentrations within a broad interdisciplinaiy framework. Graduates generally pursue careers in business, government, research, or teaching. The Center offers the following degree programs: Master of Arts in Latin American Studies, Master of Education or Master of Arts in Teaching with concentration in Latin American Studies (in cooperation with the Department of Education), Joint Degree Program in Law and Latin American Studies leading to degrees of Master of Civil Law and Master of Arts in Latin American Studies, Ph .D. minor in Latin American Studies (with cooperating departments), and Ph.D. tn Latin American Studies.

Tulane Regional Primate Research Center The Tulane Regional-Primate Research Center is one of seven federally-funded research institutes that are designed to use nonhuman primates in biomedical investigations. It has a population of over 4,000 primates representing some IO different species, and is located near Covington, LA , about 40 miles from downtown New Orleans. The center was established in 1964 with funds from the National Institutes of Health. N IH remains the primary source of funding but funds from other federal agencies and the private sector also contribute to the research programs. The research involves the study of infectious disease caused by viruses, bacteria and parasites. Other areas of research include reproductive physiology, metabolic and genetic diseases, and behavior. Selected species of monkeys are bred at The Tulane Primate Center for use in research. The center has 25 scientists, veterinarians and physicians who are supported by 135 other staff members. Opportunities for graduate students to do research with non-human primates under the guidance of faculty can be arranged.

Faculty Handbook: 7/20/95. VI-4