TULANEUNIVERSITYLAWSCHOOL

TULANE

VOL. 27–NO. 2 LAWYER F A L L 2 0 0 9

TAKING THE LAW THISISSUE IN THEI RHANDS ALETTERFROMINTERIM DEANSTEPHENGRIFFIN TULANELAWSTUDENTS I CLASSICALATHENIAN ANCESTRYOFAMERICAN ACTINTHEPUBLICINTEREST FREEDOMOFSPEECH

I HONORROLLOFDONORS STEPHENGRIFFIN INTERIMDEAN

LAURENVERGONA EDITORANDEXECUTIVEASSISTANTTOTHEINTERIMDEAN

ELLENJ.BRIERRE DIRECTOROFALUMNIAFFAIRS

TANACOMAN ARTDIRECTIONANDDESIGN

SHARONFREEMAN DESIGNANDPRODUCTION

CONTRIBUTORS LINDSAYELLIS KATHRYNHOBGOOD NICKMARINELLO MARYMOUTON TULANELAWSCHOOLHONORROLLOFDONORS NEWWAVE STAFF Donor lists originate from the Tulane University Office of Development. HOLMESRACKLEFF Lists are cataloged in compliance with the Tulane University Style Guide, using a standard format which reflects name preferences defined in the RYANRIVET university-wide donor database, unless a particular donation requires FRANSIMON specific donors’ preferences. TULANEDEVELOPMENT TULANELAWCLINIC CONTRIBUTORS LIZBETHTURNER NICOLEDEPIETRO BRADVOGEL MICHAELHARRINGTON KEITHWERHAN ANDREWROMERO

TULANELAWYER is published by the PHOTOGRAPHY Tulane Law School and is sent to the school’s JIMBLANCHARD, illustration, pages 3, 49, 63; CLAUDIAL.BULLARD, page alumni, faculty, staff and friends. 39; PAULA BURCH-CELENTANO/Tulane University Publications, inside cover, pages 2, 8, 12, 32, 48, 50, 53, 62; FEDERAL LIBRARY AND INFORMATION CENTER COMMITTEE, page 42; GLOBAL ENERGY GROUP LTD., page 10; JACKSONHILL, Tulane University is an Affirmative Action/Equal pages 24–25;BÍCHLIÊN, page 40 bottom;THENATIONALCOUNCILFOR Employment Opportunity institution. RESEARCHONWOMEN, page 38; TRACIEMORRISSCHAEFER/Tulane University Publications, pages 44–45, 57; ANDREWSEIDEL, page 11;SINGAPORE PRESS HOLDINGS LTD., page 40 top; TULANEPUBLICRELATIONS, page 47, outer back cover;EUGENIAUHL, pages 1, 26–28, 31, 33;TOM VARISCO, page 51; LAURENVERGONA, pages 6, 7, 45–46; WALEWSKA M. WATKINS, page 30. CONTENTS

2 FROMTHEINTERIMDEAN 3 LETTERSTOTHEEDITOR 4 BRIEFS WHAT’SNEWATWEINMANNHALL 14 FACULTYNOTEBOOK ANEXCERPTFROMPROFESSORKEITHWERHA N’S ARTICLE ,“THECLASSICALATHENIANANCESTRY OFAMERICANFREEDOMOFSPEECH” 18 FACULTYNEWS 24 RECESSFORREFLECTION 26 TAKINGTHELAWINTHEIRHANDS Clinical legal education changes lives.

ON THECOVER Tulane law students act in the public interest. Photographs by EUGENIAUHL

3 4 ALMAMATTERS CLASSNOTE S, ALUMNIGATHERING S, COMMENCEMENT 49 HONORROLLOFDONORS

F A L L 2 0 0 9 TULANELAWYER VO L. 2 7–N O. 2 FROMTHEINTERIMDEAN

Stephen M. Griffin, Interim STRENGTHENING Dean of Tulane Law School THEFOUNDATION

ne of the privileges that part of an important effort to reenergize by Hurricane Katrina. It may seem hard comes with my new position our Louisiana civil law curriculum; to believe, but we are not yet free and as Interim Dean is meeting he is already hard at work, teaching clear of those impacts as they relate to Tulane Law School’s Obligations II and Civil Law Property II. our budget situation. We hope we can OalumniO and friends across the nation and In addition to graduating summa cum count on your support this year. I the world and sharing news of our great laude from Tulane law, Ron earned a encourage you to renew your gift at accomplishments. It’s safe to say that degree from Cambridge University’s whatever level you are able. If you are although I have met many alumni over Trinity College, a rare accomplishment not yet giving to the law school, please the years (including those I have watched that enables him to contribute to our consider adding us to your list of charita- as they marched across the stage to strong comparative law faculty. Ron is ble giving causes. receive their diplomas each May), I’ve the latest in a wave of exceptional new In my six years of service as Vice Dean met more of you since taking over from faculty to join Tulane in the area of com- of Academic Affairs, one of the most Larry Ponoroff in July than I have since parative law, including James Gordley important lessons I learned is the profound being hired as an associate professor in from Berkeley’s Boalt Hall School of way in which alumni support creates 1989. It has been a great pleasure meet- Law and Jörg Fedtke from University positive, tangible consequences for the ing alumni in New Orleans and other College London. Indeed, as a result, life of the law school. Over the next year, Louisiana cities, as well as in New York Tulane may have the finest comparative as the university continues the search City and Houston. I also have plans to law faculty in the world. Also joining the for a permanent dean of the law school, visit additional communities of alumni faculty is Shu-Yi Oei, a 2003 Harvard one of my goals is to demonstrate how in the spring to share the latest news and Law School graduate who specializes giving to the law school creates results updates from the law school. in tax law. Prior to Tulane law, Shu-Yi for our students, our faculty, and the The good news is that we are strength- was with the Boston office of Bingham entire community. ening our foundation and building on McCutchen for nearly six years. She also This issue of the Lawyer highlights the great successes of the past eight held a post-graduate research fellowship our clinics, a perfect example of how in years. We received nearly 3,000 applica- from 2008–2009 at Harvard Law School. accomplishing our mission, we further tions for places in the class of 2012, Shu-Yi is teaching Income Taxation this not only the goals of legal education, an increase of 14.4% over the previous fall and Corporate Tax in the spring. but provide needed support to the larger year and almost three times the rate of In this issue, you will find news of community. Clinical training has become increase in applications nationally. Our our development and fundraising results an essential element in the curriculum of yield also jumped, resulting in an extra- of the past year, and with that in mind, the best law schools in the country, and large class of 282 first-year law students. I want to extend a special note of appre- in many ways, our six live-client clinics The class boasts a median LSAT score ciation to all of our donors and benefac- are among our “jewels in the crown.” of 162 (representing the 86th percentile tors. Thank you. Part of our good news They provide a unique and irreplaceable nationally) and a 3.6 median undergra- is that, despite the difficult economic legal experience to more than 70 stu- duate grade point average. In all, 42% environment of the past 18 months, the dents per year. I hope you will take this are women, and 20% represent various law school ended the fiscal year narrow- opportunity to learn more about them. FA L L 2 0 0 9 minority groups. We are very proud to ly meeting our goal for contributions to My wife Starlynn and daughter welcome your future fellow alumni. the Tulane Law Fund, our most important Christie join me in wishing you a happy This year, we also welcome two out- source of annual unrestricted support. and peaceful holiday season. I look for- standing new faculty members. Ronald Admittedly, the current economic climate ward to seeing you in your community

TULANE LAWYER Scalise (L ’00) joins us from LSU as has added to the constraints created or here at Weinmann Hall. 2 LETTERSTOTHEEDITOR

COMPLEMENTS&COMPLIMENTS

DEAR MS.VERGONA: DEAR LAUREN, I commend you on the Summer 2009 I am writing regarding Tulane Lawyer DEANSOFTULANELAWSCHOOL edition of Tulane Lawyer. Excellent issue. Vol. 27–No.1, Summer 2009. Henry Adams Bullard 1847–1850 I must however, take exception to the I graduated in May and recently Randall Hunt 1850–1862 very first sentence of the article in the received my first issue of the magazine. (Closed during Civil War: 1862–1865) Briefs section, on page 4! The article I read through it, cover-to-cover, with Christian Roselius 1865–1872 states and I quote, “Louisiana’s legal sys- great excitement and enthusiasm. Carleton Hunt 1872–1883 tem is the only one in the United States During my read, I noticed two minor William Francis Mellen 1883–1888 based on the system of civil law…” errors/inconsistencies of which I thought Henry Carlton Miller 1888–1897 Puerto Rico is a United States territo- you might be interested. Harry Hinckley Hall 1897–1906 ry and we also have a Civil Code since The first is on page 17, the first full Eugene Davis Saunders 1906–1913 the days of Spanish rule over our island! paragraph of Professor Griffin’s article Dudley Odell McGovney 1913–1914 Tulane Law School has a long tradition entitled, “The Bush Presidency and Charles Payne Fenner 1914–1920 of Puerto Rican alumnae, precisely in Theories of Constitutional Change.” The Rufus Edward Foster 1920–1927 part because of the mutual civilian tradi- line reads, “The 2001 and 2002 OLC Rufus Carrollton Harris 1927–1937 tions and legal systems. opinions were critical to the creation of Paul William Brosman 1937–1942, 1945–1951 an lax interrogation policy in which —Luis E. Dubón III (L’85) Robert Joseph Farley (Dean pro tem) 1942–1945 abuses were all but inevitable.” I believe DEAR LUIS, Clarence James Morrow (Acting Dean) 1951–1952 it should read “a” rather than “an” as We regret the unintentional omission. We William Ray Forrester 1952–1963 indicated above. take great pride in our institutional rela- Cecil Morgan 1963–1968 The second is on pages 3 and 21 tionship with Puerto Rico, as well as our Joseph Modeste Sweeney 1968–1978 regarding Dean Ponoroff: On page 3, a successful alumni practicing there. We Paul Verkuil 1978–1985 caption of the Tulane Lawyer, Fall 2001, will keep a vigilant eye on ensuring the John R. Kramer 1986–1996 dubs Dean Ponoroff “The 21st Dean for omission is not repeated in the future. Edward Sherman 1996–2001 the 21st Century.” On page 21, however, Lawrence Ponoroff 2001–2009 DEAR LAUREN: the article entitled, “A Tribute to Dean I would like to commend you on the Lawrence Ponoroff ” begins, “After eight article printed in the latest issue of the years of service as the 22nd dean of dean, an Acting Dean will take the helm. Tulane Lawyer, and not just because you Tulane Law School…” While this role is different from that of have included quotes from me. I believe Please don’t misunderstand the email’s an Interim Dean, some publications and that the article is very well written and objective. I offer these observations archives still choose not to include it. provides the reader with a clear and only so you are aware of them. Again, understandable context regarding health I enjoyed this issue and appreciate the WEWANTTOHEARFROMYOU publication. law issues. If you have a comment about an issue of the —Sanford V. Teplitzky (L ’75) Thank you for your hard work in Tulane Lawyer or would like to share an idea LAUREN: publishing Tulane Lawyer. for the upcoming issue, please contact editor

—Jeff McMullen (L ’09) Lauren Vergona at [email protected] or via 9 0 0 2 L L FA …you did a great job pulling this [last USPS to Tulane Law School, 6329 Freret St., issue] together. All the very best and DEAR JEFF, Ste. 210F, New Orleans, LA 70118. thanks again for the great work! Depending on the source of one’s infor- UAELAWYER TULANE And please forgive us (the UA, mation, the dean count indeed fluctuates. The Tulane Lawyer reserves the right to edit letters for clarity and length, and to eliminate Tucson) for pulling Dean Ponoroff to our Clarence “C.J.”Morrow served as the inappropriate language or potentially libelous community. I certainly encouraged the Acting Dean of Tulane Law School from material. Letters should address subjects related chair of the search committee to hire him. 1951–1952. Under special circumstances, to Tulane Law School or found in an issue of —Larry Aldrich (L ’77) such as an illness or death of a current Tulane Lawyer magazine. 3 BRIEFS

U. S.SUPREMECOURTCITES PROFESSO R’S LAWREVIEW ARTICLEAND TULANE MARITIMELAWJOURNAL

guarantees. Metzger consulted on all in order to bring a forensic witness into Tulane law professor Pamela of the merit’s briefs and was the lead court. Explained the dissent: Metzger’s 2006 Vanderbilt Law amicus in the amicus brief filed by a [e]ven what the Court calls the Review article was quoted by both number of law professors. ‘simplest form’ of burden-shifting the majority and dissent opinions In a 5–4 decision authored by Justice statutes do impose requirements on in Melendez-Diaz v. Massachusetts Scalia, the Court agreed with Metzger the defendant, who must make a for- in a 5–4 decision released by the that forensic affidavits are among the mal demand, with proper service, well United States Supreme Court on core of testimonial statements protected before trial. Some statutes impose June 25, 2009. by the Confrontation Clause. In explain- more requirements, for instance by ing its reasoning, the Court specifically requiring defense counsel to subpoena the analyst, to show good cause for cited her work: demanding the analyst’s presence, or n 2004, the Tulane Criminal Law Confrontation is designed to weed even to affirm under oath an intent to Clinic identified a legal question out not only the fraudulent analyst, cross-examine the analyst. In a future of constitutional significance: but the incompetent one as well. case, the Court may find that some of could the State introduce a forensic Iaffidavit in lieu of live testimony in order to prove an essential element of a crime? “CONFRONTATIONISDESIGNEDTOWEEDOUT Although the clinic lost the case in the Louisiana Supreme Court, Tulane NOTONLYTHEFRAUDULENTANALYST,BUTTHE Associate Professor of Law Pamela INCOMPETENTONEASWEL L.”—PAMMETZGER Metzger remained interested in the subject. As the Supreme Court began to redefine its Confrontation Clause juris- Serious deficiencies have been found these more onerous burden-shifting prudence, she began to research the foren- in the forensic evidence used in statutes violate the Confrontation sic affidavit question across the nation. criminal trials. One commentator Clause because they ‘impos[e] a Two years later, Metzger published asserts that ‘[t]he legal community burden ...on the defendant to bring ... her article, “Cheating the Constitution,” now concedes, with varying degrees adverse witnesses into court.’ (481-485) in the Vanderbilt Law Review (59 Vand. of urgency, that our system produces L. Rev. 475 [2006]). The article became erroneous convictions based on Metzger says she plans to continue the core source for a series of certiorari discredited forensics.’ (491) working on this issue. “I am already petitions in the United States Supreme consulting with local public defenders Court. As a result, in 2008 the U.S. The dissent also took note of about the legality of the Louisiana FA L L 2 0 0 9 Supreme Court accepted certiorari in Metzger’s article, highlighting an issue statute and will be working with the Melendez-Diaz v. Massachusetts for the that she predicts the Court will have to National Association of Criminal express purpose of considering whether determine: whether states can lawfully Defense Attorneys to raise and brief forensic affidavits are testimonial and burden the Confrontation Clause by the burden-shifting question highlighted

TULANE LAWYER thus subject to the Confrontation Clause requiring defendants to act affirmatively by the dissent.” 4 he United States Supreme Court cited the Tulane THECOURTCONCURREDWITHEDELMAN’S Maritime Law Journal in its CHARACTERIZATIONOFVARIOUSDAMAGESGIVEN majority opinion in the sig- nificantT maritime case of Atlantic INHISTORICMARITIMECASESASSUBSTANTIVELY Sounding Co. v. Townsend, a 5–4 deci- “PUNITIVE”INNATUREEVENTHOUGHTHE sion handed down on June 25, 2009. DAMAGESWERENOTEXPLICITLYREFERREDTO The case, which originated in the United States Court of Appeals for the AS“PUNITIVEDAMAGES”INTHECASES. Eleventh Circuit, raised the complicated question of whether punitive damages are available to seamen in instances Supreme Court, but cited as well.” law, and the ruling generates a number where ship owners willfully and wanton- He submitted the work cited by the of questions about what other aspects of ly fail to provide maintenance and cure, high court to the Tulane Maritime Law maritime law might be reshaped in the an ancient remedy of medical care and Journal as part of a point-counterpoint wake of Atlantic Sounding. lodging owed to all seamen. installment in the Journal after the Vogel noted that the Winter 2009 In the majority opinion, Justice Fifth Circuit’s 1995 en banc decision in edition of the Journal will contain an Thomas, joined by Justices Stevens, Guevara v. Maritime Overseas Corp. held article by Professor Rod Sullivan, Breyer, Souter, and Ginsburg, cited a punitive damages were not available in who argued Atlantic Sounding Co. v. 1996 Tulane Maritime Law Journal maintenance and cure actions. Edelman Townsend before the Supreme Court on piece by Paul S. Edelman. The majority is presently of counsel at Kreindler & behalf of the prevailing side. Professor agreed with the thrust of Edelman’s Kreindler LLP, a New York law firm Sullivan’s piece will assess the state of argument in his piece, Guevara v. where he made partner in 1953 after punitive damages in maritime law in Maritime Overseas Corp.: Opposing the graduating from Harvard Law School. the wake of the decision. Decision, (20 Tul. Mar. L. J. 349 [1996]). The Atlantic Sounding decision is “We’re extraordinarily excited about Essentially, the court concurred with significant in that it resolved a tangled being cited by the Supreme Court over Edelman’s characterization of various circuit split over the availability of puni- the summer,” Vogel said. “The Journal damages given in historic maritime cases tive damages in maintenance and cure staff is honored to be a part of the as substantively “punitive” in nature even actions. Punitive damages typically are scholarly process of clarifying and though the damages were not explicitly not available in most facets of maritime shaping maritime law.” referred to as “punitive damages” in the cases. Using this interpretation of historic maritime cases, Justice Thomas held that punitive damages are available to injured seamen where a vessel owner fails to provide maintenance and cure. Justice Alito wrote the dissenting opinion, joined by the Chief Justice and Justices Kennedy and Scalia. ALL2009 0 0 2 L L FA Brad Vogel, editor in chief of the Tulane Maritime Law Journal, contacted Mr. Edelman to congratulate him on the UAELAWYER TULANE good news. “He answered the phone at his office, and he seemed delighted,” Vogel said. “I imagine it’s hard not to be when you’ve not only been vindicated by the 5 BRIEFS

DISTINGUISHED AUSTRALIANJUDGE TAKESCENTERSTAGE AT TETLEYLECTURE

“THECOMMONLAW ISNOTABROODING OMNIPRESENCEIN THESKYBUTTHE ARTICULATEVOICE OFSOMESOVEREIGN THATCANBE IDENTIFIED.” —OLIVERWENDELL HOLMES

ustice James Allsop, president law. Professor Davies further stated that articulate voice of some sovereign that of the New South Wales Court several decisions of the United States can be identified.” of Appeal, delivered this year’s Supreme Court and, to some extent, the “Justice Allsop’s paper is a compara- Tetley Lecture entitled, “Maritime U.S. Constitution itself, treat the general tive and historical analysis of the rela- JLaw—the Nature and Importance of its maritime law as if it were “a pre-existing tionship between international maritime International Character.” In the two days transnational or anational body of law, law and its municipal application,” said following the lecture, which took place part of the lex mercatoria, not dependent Davies. “Anyone interested in interna- April 15 in Weinmann Hall, Justice on sovereign authority for its existence tional law generally, or even legal theory, Allsop visited the Tulane Maritime but recognized and enforced by individ- would have found interest in it.” Law Center. ual sovereigns.” Before becoming president of the Admiralty Law Institute Professor of Davies references Oliver Wendell NSW Court of Appeal, Justice Allsop FA L L 2 0 0 9 Maritime Law Martin Davies, who also Holmes’s famous statement made in was a judge of the Federal Court of serves as director of the Maritime Law dissent in the admiralty case, Southern Australia. He teaches as an adjunct Center, found Justice Allsop’s lecture to Pacific Co. v. Jensen (244 U.S. 205, professor at the University of Sydney be a very interesting and scholarly piece 1917), “The common law is not a brood- Law School.

TULANE LAWYER on the transnational nature of maritime ing omnipresence in the sky but the 6 From left to right: Professors Martin Davies and Robert Force; student coaches Lindsay Sakal and Cathy LeBlanc; team members Brian McGarry, Melissa Marsh, Elizabeth Varner, Jessica Marrero, Daisy Gurdian, and Veronica Lam.

INTERNATIONALMOOTCOURT TEAMFINISHESAMONGTOP EIGHTINVIENNACOMPETITION

ulane Law School is pleased honorable mentions for “Best Claimant’s “This unprecedented success reflects to announce that its interna- Brief ” and “Best Respondent’s Brief.” well on our school, the Moot Court, and tional moot court team, the Both Gurdian and Marsh received honor- especially the team,” said 2008–09 Stu- Vienna Vis, advanced to the able mentions for “Best Oralist” (award- dent Bar Association President Melissa quarterfinalsT at the sixteenth Annual ed to only 40 of 500 competitors). Swabacker. “The Vis team’s success will Willem C. Vis International Commercial “The end result is amazing no matter surely be a step towards increasing our Arbitration Moot competition held in how you look at it,” Demelza Baer, past name recognition once more.” Vienna, Austria, April 3–9, 2009. In the chief justice of the Tulane Moot Court The goal of the Vis Arbitral Moot end, the team finished in the top eight of program, said. “Of course, it helps is to foster the study of international a total 233 teams competing and was the tremendously to have two preeminent commercial law and arbitration for reso- ALL2009 0 0 2 L L FA only American team to advance to the scholars in commercial arbitration, lution of international business disputes quarterfinal level. among other fields, who are excited to through its application to a concrete The law school extends international work closely with the team.” problem of a client and to train law lead- UAELAWYER TULANE accolades to 2008–09 Vienna Vis team Tulane Law School equally applauds ers of tomorrow in methods of alterna- members Daisy Gurdian, Jessica Marrero, professors Robert Force and Martin tive dispute resolution. Melissa Marsh and Elizabeth Varner, and Davies for serving as faculty advisors, as Hong Kong Vis team members Veronica well as student coaches Cathy LeBlanc Lam and Brian McGarry, who received and Lindsay Sakal. 7 BRIEFS

LAW PROFESSORWINS PRESIDEN T’S AWARD of Sociology, the Payson Center for International Development, and the School of Public Health and Tropical FOREXCELLENCE Medicine. In addition, she works to educate the wider community about issues of domestic violence. mazing, inspiring and commencement ceremony in May. “Law students need to learn that good passionate are words that Tetlow, who has directed the Tulane lawyers don’t just do their work in the Tania Tetlow’s students use Domestic Violence Legal Clinic (DVC) courtroom; they work to try to change to describe the associate since 2005, has an interdisciplinary broken legal systems with more than professorA of law. Tetlow and Physics perspective. She facilitates a joint legal- litigation,” Tetlow says. Professor John Perdew received the medical domestic violence course, Although the Domestic Violence Tulane University President’s Awards conducts training at the Tulane Medical Legal Clinic has worked with dozens of for Excellence in Professional and School and coordinates studies with the clients with complicated cases against Graduate Teaching at this year’s unified School of Social Work, the Department batterers, Tetlow says that so far she has never had a client whose abuser spent a day in jail. “That’s a real eye-opener for law students who need to understand the limitations of the legal system,” she says. In her teaching, Tetlow provides students with real-world experience. She brings actors into the classroom to perform mock depositions and cross- examinations of batterers. She invites New Orleans Police Department officers, the district attorney, and domestic vio- lence survivors to speak to her classes. Through the clinic, law students offer free legal aid to clients. Social work students also assist the clinic’s clients. A student of Tetlow’s says that the law professor “achieves the rare feat of mak- ing the subject matter stay with the stu- dents well beyond the final examination.” Both Tetlow and Perdew each received a medal designed by Professor Emeritus Franklin Adams and a stipend of $5,000.

“LAWSTUDENTSNEEDTOLEARNTHATGOOD LAWYERSDON’TJUSTDOTHEIRWORKINTHE COURTROOM;THEYWORKTOTRYTOCHANGE BROKENLEGALSYSTEMSWITHMORETHAN 8 LITIGATION.”—TANIATETLOW 185,715 PRO BONO HOURSCOMPLETED IN 20 YEARS

uring the 2008–09 aca- Jackson a personal level of satisfaction, ROLEMODEL demic year, Tulane Law she says the concept of a pro bono School students logged requirement, “which would instill in WALKS more than 19,000 pro bono every Tulane law student the duty of the hours.D This brings the documented total lawyer to serve the community,” belongs THEWALK hours contributed since the Community to her mentor, the late Tulane Law Service Program officially began 20 School Dean John Kramer (1986–1996). F ORSOMESTUDENTS such as Holmes years ago to an amazing 185,715. While “It has been my privilege to be the E. Rackleff (L ’09), 30 hours of pro bono the majority of contributions occur in one charged with the responsibility of work is like a “walk in the park.” Upon gradu- local communities, placements are scat- taking this inspiring idea and running ating this past May, Rackleff had reported an tered across the United States and as far with it,” Jackson states. “Over the past extraordinary 507.5 hours of pro bono service. away as Italy, Thailand, and South Africa. 20 years it has been my role to establish Rackleff decided to attend Tulane Law Last year alone, more than 100 different at Tulane the first mandatory pro bono School while gutting houses in the 9th Ward organizations benefited from Tulane law program in the nation and then to guide of New Orleans in December of 2005. Upon students’ generous volunteer work. its growth into a major source of free moving to New Orleans in April of 2006, As Assistant Dean for Public Interest legal assistance for those in need as well Rackleff volunteered, coordinated, created and Programs, Julie Jackson’s principal as experiential public interest education participated in much more than the average responsibility is administering the law for our students.” graduate student. Her involvement in and school Pro Bono Program, which she Following Hurricane Katrina, the fac- around New Orleans ranged from the Tulane and Program Coordinator Eileen Ryan ulty voted in 2006 to expand the defini- chapter of the National Lawyers Guild to the launched in 1988 when the Tulane tion of qualifying pro bono service and National Student Day Against the Death Community Service Program became to increase the number of service hours Penalty, Saturdays at the Common Ground the first mandatory pro bono program in each student must contribute. As a result, Relief free legal clinic and work with the the nation. Prior to putting the program each graduating student as of the class of Entertainment Law Legal Assistance (ELLA). into practice, in the fall of 1987 the 2009 must complete a minimum of 30 “Throughout her law school career, Holmes Tulane Law School faculty voted unani- hours of pro bono service in order to demonstrated the utmost dedication to provid- mously on a student requirement of a receive a law diploma. Interestingly ing legal services to the poor,” said Assistant minimum 20 hours pro bono work on enough, 76% of the ’09 class exceeded Dean Julie Jackson. “Through her contribu- behalf of indigent clients. Two decades the increased requirement. tions on so many pro bono fronts, she provid- later, law students across the nation have Qualifying public interest service ed a role model for all.” followed Tulane’s example as 34 other includes legal assistance provided to per- Since graduating, Rackleff works as a film ALL2009 0 0 2 L L FA law schools added a public service/pro sons of limited means; work performed contracts consultant in New York City. She is bono requirement. in the public sector on behalf of most developing a grant-funded legal aid program Jackson has continued to oversee the local, state or federal government enti- in Brooklyn. UAELAWYER TULANE program as it has grown in size and ties; work on behalf of qualifying public scope to encompass a wide range of interest nonprofit organizations; and Students do not earn academic credit for their public interest legal opportunities in var- contributions to qualifying student-led pro bono work. Instead, individual transcripts ious locales. While the program’s devel- organizations serving public interest reflect the total number of certified pro bono opment over the past two decades brings law-related goals. hours performed by the individual student. 9 BRIEFS “THEENVIRONMENTISNOT JUSTANISSUE,IT’SACENTRAL ORGANIZINGPRINCIPLE.IF WECONTINUETOCATEGORIZE ITASSOMETHINGSEPARATE, OURQUALITYOFLIFEAND OURABILITYTOSURVIVEON THEPLANETASASPECIES ISGOINGTOSUFFE R.” —MATTPETERSEN

TALKING GREEN

On April 3–4, 2009, the Tulane Law School Environmental Law Society brought together stu- 3L AWARDED EMLF LAW dents, practitioners and environmental leaders from around the country for a two-day summit on envi- STUDENTSCHOLARSHIP ronmental law and policy. The summit featured a multidisciplinary range of experts addressing the Aaron Stultz Heishman, a third-year law student from fate of the environment in light of a new adminis- Mathias, W.V., has been awarded a $2,500 scholar- tration, a recovering economy, and a continually ship from the Energy & Mineral Law Foundation changing climate. (EMLF). Among the many notable panelists, the summit The EMLF Scholarship program is open to all included keynote addresses from award-winning students attending a law school that is a member of author and activist Bill McKibben and President of the Energy & Mineral Law Foundation. This year Global Green Matt Peterson. Over the two days, the there were 39 applicants—double the number from summit addressed topics such as: a review of the 2008—from the 24 EMLF member law schools. Awards are Supreme Court’s current environmental caseload; based on academic achievement and the student’s potential to affordable ways to be green in New Orleans; social contribute to the field of energy and natural resources law. A and economic equality in the environmental justice scholarship committee comprised of law professors and practi- movement; the future of oil; and eminent domain. tioners reviews the applications and then meets to determine The summit, the largest annual environmental the recipients and the allocation of the scholarship money. The conference in the Gulf Coast region, was a huge scholarship program is announced in the spring of each year, success. Registration numbers quadrupled from and the scholarship recipients are announced at the EMLF years past and the event attracted regional and Annual Institute. national media attention. “Haynesville,” a film

FA L L 2 0 0 9 In the 25 years since the Eastern Mineral Law Foundation documenting north Louisiana’s natural gas reserves established the Law Student Scholarship program with a $2,000 and its energy future, and featuring footage shot budget, $327,800 in scholarships have been awarded to students at the summit, will be part of a special program at attending EMLF member law schools. the United Nations Climate Change Conference in Copenhagen this December. F. Gerald Maples and

TULANE LAWYER Stephen M. Wiles sponsor the summit. 10 ANEWADMINISTRATION, ECONOMICRECOVERY, CLIMATECHANGE... WHATDOESITALLMEAN FORBEING“GREEN”?

Global Green’s Matt Petersen discusses the state of environmentalism, including Back row (left to right): Mark Davis, director, Inst. on Water Resources Law New Orleans’ efforts to rebuild as a and Policy; author & activist Bill McKibben; Lindsay Ellis; Patrick Hernon; “green city,” at the Tulane Law School Matthew Altaras. Front row (left to right): Matthew Miller; Allison Shipp; Summit on Environmental Law and Claire Yancey; Carrol Hand; Matthew Barison; Brian McGarry; Diana Csank. Policy held Friday, April 3.

n the wake of Hurricane Katrina, when the economy collapsed. MP: I think some in the corporate many saw the widespread rebuild- Unfortunately, there is a failure to get community are enlisting greenwashing ing effort as an opportunity to federal dollars where they need to be and to help their cause. If you’re not an reinvent New Orleans as an envi- a failure of the economy just at the time informed consumer, you might believe ronmentallyI sustainable city. Global when we need to accelerate things. those claims. As we consumers become Green USA, a national environmental The thing I am always struck by when more sophisticated, I think we will be organization, mobilized resources to I leave New Orleans is the will of the better able to discern those claims and create the “Healthy Homes and Smart people who live here. That’s why we the corporations will be less able to do Neighborhoods” initiative. Matt Petersen, made a commitment early on to help that. I think the other thing that is going president, CEO and board member of rebuild–the people who love this com- to change is our regulatory agencies will Global Green, was on the Tulane Uptown munity and see its unique role in this start regulating those claims more close- campus last spring to address the Tulane society as a cultural leader, as an iconic ly. I also think there are a lot of compa- Law School Summit on Environmental world city. That is why it is so important nies out there doing the right thing, and Law and Policy. to see this city rebuilt as it should be. we don’t want to take that away. We need Global Green has several major proj- to be able to become more informed— ects under way in the Crescent City area, Louisiana offers one of the most gener- not only as consumers, but as citizens. including the New Orleans Sustainable ous tax incentives for home and business Our choices are not only about what we Design Competition, the NOLA Green owners who install solar technology, and buy, it’s about which politicians we vote Schools Initiative, and ongoing work still there is little activity. What do you for, about the questions we ask of those with Habitat for Humanity to create think accounts for this? elected officials. more energy-efficient housing through- out the Gulf Coast. Ryan Rivet of Tulane MP: I think there are three reasons. One Where do you see the environmental University’s New Wave talked with is awareness. I don’t think people know movement going? Petersen about the city’s progress in what incentives are available to them. rebuilding green, as well as the future of The second is capital. Even with the tax MP: I think we’re going to see it inte- environmentalism. Highlights of the credit, they need to be able to access grated into every aspect of our lives. The interview follow: some sort of financing to pay for those environment is not just an issue, it’s a improvements to their home. Third, we central organizing principle. If we con- Do you think New Orleans is falling need more leadership from the city. tinue to categorize it as something sepa- short of the goal to reinvent itself as 9 0 0 2 L L FA rate, our quality of life is going to suffer a “green city” following Katrina? “Green” has become a sales pitch. Has and, more than that, our ability to survive MATT PETERSEN: I think it has taken the idea of environmentally friendly on the planet as a species is going to suf- UAELAWYER TULANE longer than many had hoped, but I think business been co-opted by big business fer. The more we can recognize that it is it also has to do with the economy. A lot to “greenwash” practices that are pretty in our self-interest to leave a reasonably of big projects that were going to be unfriendly to the environment? And if so, healthy planet behind for future genera- green, like the World Trade Center does that diminish the efforts of legiti- tions, the more the environment is going redevelopment, were about to take off mately green businesses? to be a driver. 11 BRIEFS

LAWSCHOOL WELCOMES MUSKIE FELLOW

ulane Law School is hosting a new international student on campus as part of the TU.S. Department of State’s Edmund S. Muskie Graduate Fellow- ship Program. Tatiana Okisheva from Russia is taking courses in the law school, working on her general LLM degree. In addition to academic coursework, all Muskie fellows perform community service and complete a summer internship in their NEWORLEANS CITYBUSINESS field of study. Established by the U.S. Congress in NAMESASSOCIATEDEANONE 1992 to encourage economic and demo- cratic growth in Eurasia, the Muskie OF 50 ‘WOMEN OF THEYEAR’ Fellowship is a program of the Bureau of Educational and Cultural Affairs of usan Krinsky, associate dean school, Dean Krinsky has taught courses the U.S. Department of State. Noted for for admission, financial aid in health care law and regulation and being highly competitive, it averages and career development at bioethics. She has served as a mediator more than 3,000 applications per year Tulane law, has been named in Equal Employment Opportunity with a 5 percent rate of acceptance. Sone of this year’s CityBusiness ‘Women Commission cases and as an arbitrator of the Year.’ The honor recognizes 50 in homeowners’ insurance cases. Dean women whose successes in business and Krinsky is co-author of a volume of contributions to the New Orleans com- cases addressing the intersection of law munity have set the pace for the region’s and medicine. She is a member of the future. In its 11th year, the 2009 ‘Women board of directors of the Louisiana of the Year’event recognizes innovative Mental Health Advocacy Service and leaders with energy, ideas, achievements has served on several committees and and a commitment to excellence. sub-committees, as well as the board of Prior to her arrival at Tulane, Dean trustees, of the Law School Admission Krinsky was in private practice in Council. She is also active on communi- Washington, D.C., concentrating in ty boards, including Southern Rep

FA L L 2 0 0 9 health law, First Amendment litigation, Theatre, Hillel of New Orleans, Touro Muskie fellow Tatiana Okisheva and banking litigation. In addition to her Synagogue, YoungAudiences Louisiana, administrative responsibilities at the law and others. TULANE LAWYER 12 BY THENUMBERS ADMISSIO N, ENROLLMEN T, &EMPLOYMENT

ADMISSIONS DATA: CLASS OF 2012 WHERESTUDENTSGOAFTERGRADUATION Applications received (’08–’09 enrollment) 2988 CLASSES OF 2006, 2007, AND 2008 (15% increase over the previous year) Northeast 24% Yield (% of admission offers accepted) 31.7% Southeast 17% (highest yield in the past three years) Southwest 10% First-year class, target 250 West & Northwest 14% First-year class, actual 282 Midwest 4% 25th/median/75th percentile LSAT scores 160/162/164 Louisiana 30% 25th/median/75th percentile GPAs 3.4/3.6/3.75 International 1%

Most popular locations for jobs after graduation: 2009–2010 STUDENT BODY New York, Louisiana, District of Columbia metropolitan area, DATA&DEMOGRAPHICS Texas, California JD Enrollment 750 LLM/SJD Enrollment 50 % students of color 20% TYPESOFPOSITIONSAFTERGRADUATION % out-of-state residents 84% CLASSES OF 2006, 2007, AND 2008 Median age of incoming students 24 years Private Practice/Law Firms 58% U.S. states represented in student body 46 Judicial Clerkships 13% (plus the District of Columbia & Puerto Rico) Public Sector 10% Countries represented in student body 21 Business & Industry 9% Public Interest 8% Academia 2% FACULTY Full-time faculty 40 Part-time and adjunct faculty 50 AVERAGE STARTING SALARY: CLASS OF 2008 Private firms $105,000 Government $50,000 WHEREOURSTUDENTSAREFROM Overall $90,000 Northeast 21% Southeast 26% Southwest 15% PERCENT OF 2008 GRADUATING CLASS EMPLOYED NINEMONTHSAFTERGRADUATION West & Northwest 9% Midwest 11% 92% of those seeking employment

Louisiana 16% 9 0 0 2 L L FA International 2% REPORTED SALARY RANGES: CLASS OF 2008

Top five states represented in student body: 33% reported salaries between $34,000 and $58,000 LAWYER TULANE Louisiana, Texas, Florida, New York, California 33% reported salaries between $60,000 and $90,500 33% reported salaries between $96,000 and $160,000 Almost 300 undergraduate schools are represented in the JD student body.

13 FACULTYNOTEBOOK

THECLASSICALATHENIAN ANCESTRYOFAMERICAN FREEDOMOFSPEECH

BYKEITHWERHAN

The principal division separating said that American free-speech jurispru- Keith Werhan is the Ashton Phelps Athenian and American democracy is the dence is a descendant of the classical Chair in Constitutional Law. Since join- difference in participation by ordinary Athenian democracy. ing the Tulane law faculty in 1989, he citizens in their government. In short, has taught in the areas of administra- Athens adopted a direct democracy in FREEDOMOFSPEECH, tive law and constitutional law. He has which ordinary citizens, assembled in ANCIENT&MODERN written articles on administrative law, large groups, made all governance deci- The classical Athenians adopted two federal jurisdiction, and constitutional sions. Athens lacked a government in its free-speech concepts that were central to law, including the speech and religion modern sense. Each of the principal gov- their democracy. The first was ise¯goria, clauses of the First Amendment. erning institutions of classical Athens which described the equal opportunity of were mass meetings of citizen volunteers all Athenian (male) citizens to speak in who listened to debate and then voted the principal political institution of the Adapted from Professor Keith Werhan’s their collective decision. democracy, the Assembly (ekkle¯sia). The “The Classical Athenian Ancestry of In pointed contrast to Athens, America second was parrhe¯sia, which described American Freedom of Speech,” 2008 constituted a representative democracy the practice of Athenians to speak openly Supreme Court Review 293-347. that, as James Madison wrote in and frankly once they had the floor. A revised version of this article will Federalist 10, “delegate[d] . . . the Although the Athenians carefully tailored appear in the author’s forthcoming book, government . . . to a small number of ise¯goria and parrhe¯sia to fit their tentatively titled The Classical Athenian citizens elected by the rest.” Unlike the democratic practices, these classical Democracy and the American classical Athenians, ordinary American Athenian principles resonate powerfully Constitution. citizens do not have a vote in their gov- in contemporary American free-speech erning institutions. The American de¯mos jurisprudence. he Athenians of the classical participate in the political life of the ¯ era (508/507 BCE-323/322 nation primarily by voting for representa- ISE GORIA BCE) invented democracy tives, who in turn govern the nation. As practiced in the classical Athenian T(de¯mokratia), a revolutionary Despite the profound differences democracy, the principle of ise¯goria system in which the people of a commu- between the highly participatory democ- offered every full citizen in good stand- nity (the de¯mos) held a monopoly on racy of classical Athens and the relative- ing an equal opportunity to make propos- political power (kratos), governing them- ly restrained representative democracy als and to speak before the ekkle¯sia. selves and their community as they of the United States, freedom of speech The herald (ho keryx) of the Assembly thought best. Over two thousand years has been a fundamental element of invoked ise¯goria by commencing every after the demise of the classical Athenian both political communities. The kinship debate with the simple yet evocative call, democracy, the American de¯mos rein- between Athens and America as democ- “Who wishes to speak?” Ise¯goria reflect- FALL 2009 vented the idea of democracy. In light of racies—different though they may be— ed the broader Athenian democratic prin- the vast differences in time and circum- has created a sufficiently close connec- ciple of political equality (isonomia), and stance, it should not be surprising that tion between the basic principles of free more specifically, it complemented the the American idea of democracy differs speech as practiced in Athens and as pro- equal rights of all full citizens to attend

TULANE LAWYER substantially from the Athenian original. tected in America that it fairly may be sessions of the Assembly, and to vote on 14 the matters presented for decision. Though it may seem hard to believe, the procedural rules of the ekkle¯sia did not limit the number of speakers or restrict the length of speeches. One classicist has estimated that there were between 200 and 300 speakers (rhe¯te¯res) at any given session of the ekkle¯sia.1 The opportunity that ise¯goria afforded Athenian citizens to speak on matters of public concern was a defining practice of the classical democracy. It ensured that common citi- zens attending the Assembly could speak as well as listen, and thus become full partners in the formation of public policy. An American concept of ise¯goria likewise resides within the core of First Amendment theory and doctrine. The Athens, rather than the considerably tion in the formation of law and most prominent Athenian element in more restrained representative democra- policy. Meiklejohn built on Brandeis’s American free speech theory is the claim cy that the American founders had con- Whitney concurrence in his influential that freedom of speech on matters of stituted. Brandeis’s theory of free speech, Free Speech and Its Relation to Self- public concern is essential to the proper like ise¯goria, was grounded on the dem- Government (1948), where he argued, as functioning of democracy. Intriguingly, ocratic premise of popular sovereignty. would any classical Athenian democrat, the most influential arguments for a For Brandeis, as for Athenian democrats, that “[t]he principle of the freedom of democratic understanding of American freedom of speech was a form of politi- speech springs from the necessities freedom of speech were advanced by two cal participation in which every citizen of the program of self-government.”2 individuals who shared a deep affinity was equally entitled to share. The ulti- Meiklejohn modeled his theory of free for classical Athenian democracy and mate purpose of freedom of speech in speech on the town-hall meeting, the who drew on their understanding of Brandeis’s democracy, as in the classical American political institution that is Athenian political theory and practice Athenian democracy, was to benefit the most evocative of the classical Athenian in making their case—Justice Louis D. community by enhancing the collective Assembly. In Meiklejohn’s town meeting, Brandeis and Alexander Meiklejohn. decision making of free citizens. as in the Athenian ekkle¯sia, citizens Brandeis’s and Meiklejohn’s rethinking Whereas Madison had characterized the “meet as political equals” in order “to of American freedom of speech intro- primary function of free expression in discuss and act upon matters of public duced ise¯goria into First Amendment America’s representative democracy as interest.”3 The equal political status of jurisprudence. informing the people of the actions of citizens, Meiklejohn believed, meant that Justice Brandeis laid the democratic their government, Brandeis believed that every citizen had an equal right to speak foundation for American free-speech freedom of speech enabled the citizens on matters that came before the assem- jurisprudence primarily in his concurring themselves to deliberate toward the bly, in other words, ise¯goria. opinion in Whitney v. California (1927), “political truth” that would define them The Brandeis-Meiklejohn account which First Amendment scholars as a people and would chart their collec- of free speech resonated with Athenian 2009 FALL widely have recognized as among the tive course as a political community. ise¯goria not only at the level of theory, most important judicial statements on Alexander Meiklejohn, like Justice justifying American freedom of speech UAELAWYER TULANE American freedom of speech. Brandeis Brandeis, viewed American freedom of as if it served a highly participatory wrote his account of the democratic speech through a classical Athenian lens, assembly democracy, but also at a doctri- function of free speech in America as if re-imagining America’s representative nal level, stressing that free speech the United States was a highly participa- democracy as an assembly democracy in America, like ise¯goria in Athens, tory direct democracy resembling dependent upon direct citizen participa- embodied a strong equality principle. 15 FACULTYNOTEBOOK

The Supreme Court has used as well as the ideas and commitments view, the First Amendment signifies Meiklejohn’s claimed “equality of status of their fellow citizens. what Michel Foucault has called a “par- in the field of ideas”4 as the guiding The Athenians regarded parrhe¯sia rhesiastic contract,” through which the principle in developing a considerable as essential to their democracy because sovereign people acquire the truth they range of free-speech doctrine. The pri- their primary political practice of group need for self-government, in exchange mary means by which free-speech doc- decision making, following a series of for a promise not to punish speakers who trine enforces the principle of speech speeches, depended on authentic political speak the truth, “no matter what this equality is the requirement that courts debate among citizens who honestly and truth turns out to be.”5 carefully and skeptically review govern- forthrightly spoke their minds. The clas- John Stuart Mill, who wrote the ment restrictions imposed on speakers or sical Athenians thus nurtured a political classic statement of the search-for-truth speech because officials disapprove, or culture that not only invited all citizens rationale of free speech in his essay On fear the consequences of, the content of to address the Assembly (ise¯goria), but Liberty (1859), did not claim that free- the restricted speech. “[A]bove all else,” also permitted them to speak forthrightly dom of speech would lead to the discov- the Supreme Court declared in Police when doing so (parrhe¯sia). The political ery of truth in any absolute or objective Department of City of Chicago v. Mosley parrhesiastic ideal required courage and sense. He argued more subtly, and more (1972), “the First Amendment means character not only of Assembly speakers, in line with Athenian parrhe¯sia, that free that government has no power to restrict but also, and just as importantly, of speech enabled societies to attain “truth expression because of its message, its Assembly audiences. Parrhe¯sia required for purposes of action,” that is, that soci- ideas, its subject matter, or its content.” that the de¯mos open themselves to criti- eties acquire sufficient confidence in Although the courts have enforced the cal oratory for the good of the communi- their opinions to legitimate their actions speech-equality principle more flexibly ty, overcoming their personal displeasure as rational decisions rather than arbitrary than the rhetoric of Mosley would allow, at being chastised or at listening to what assertions of power. According to Mill, the rule that “content-based” restrictions they did not wish to hear. societies reached this confidence level on speech presumptively violate the First Athenian parrhe¯sia, like Athenian only by permitting “[c]omplete liberty Amendment is a cornerstone of contem- ise¯goria, has been incorporated into the of contradicting and disproving . . . [any] porary free-speech doctrine. For contem- theory and doctrine of American free- opinion” that provided the predicate to porary Americans, the freedom of speech dom of speech. The classical Athenian collective action.6 This was the purpose protected by the First Amendment, in principle that licensed—and obligated— of Assembly debate that Pericles high- large part, means what ise¯goria meant in the parrhesiast to speak the truth as he lighted in his famous Funeral Oration— classical Athens, an equal opportunity saw it has informed the theoretical claim to criticize proposals and to air fully of individuals to speak out on matters of that justifies strong First Amendment all points of view before settling on a public concern. protection of the freedom of speech as “wise” course of action.7 Free, frank, and essential to a society’s collective search open debate did not guarantee a correct ¯ PARRHE SIA for truth. And American free-speech decision. It simply was the best that any The second classical Athenian free- doctrine has absorbed the associated society could do. speech concept was parrhe¯sia (“the classical Athenian principle that the It was no accident that Mill’s theory ability to say everything”). Parrhe¯sia parrhesiast at times must frankly con- of free speech coincided so closely described the freedom to speak one’s front or offend an audience, and that the with the classical Athenian principle of mind with complete openness, to say the audience, in the exercise of democratic political parrhe¯sia. Like Brandeis and whole truth as one understands the truth. citizenship, cannot punish the parrhesiast Meiklejohn, Mill was deeply influenced The truth-telling prescribed by parrhe¯sia for having had his say. by his understanding of the democratic typically had a confrontative, critical It has long been claimed that a central thought and practice of classical Athens, bite. Parrhe¯sia connoted strong admon- function of the First Amendment is to so much so that Mill’s first biographer, ishment or well-intentioned advice, create a hospitable environment for open Alexander Bain, wrote of his “Greek FALL 2009 offered with the intent of correcting inquiry, rigorous critique, and the free intoxication.”8 Indeed, political theorist the listener’s conduct. In the political exchange of ideas—in other words, to Nadia Urbinati has credited Mill with context, parrhe¯sia, at least in principle, grant a constitutional right of parrhe¯sia— introducing classical Athenian democra- freed ordinary Athenians to challenge in order for society to progress in a cy to modernity.9 Justice Oliver Wendell

TULANE LAWYER the policy preferences of polis leaders, never-ending quest for truth. On this Holmes, Jr., in his dissenting opinion 16 in Abrams v. United States (1919), built oldest lines of free-speech cases, those American freedom of speech undeniably on Mill’s search-for-truth justification involving criminal prosecutions of so- has made the United States more demo- of free speech and thereby introduced called “provocative” speakers, that is, cratic, as American citizens generally Athenian parrhe¯sia into First Amend- speakers who offend or enrage audience have been empowered, as were Athenian ment theory. Holmes wrote, “[W]hen members to such a degree that there citizens, not simply to vote, but to men have realized that time has upset exists the threat of violence or disorder. participate in politics by speaking their many fighting faiths, they have come to In these cases, the Court has held that minds freely and fully on matters of believe even more than they believe the it is only when a provocative speaker public concern. very foundations of their own conduct directs his provocation to inciting disor- that the ultimate good desired is better der or a violent audience reaction that a reached by free trade in ideas—that the speaker can be held criminally responsi- best of truth is the power of the thought ble for the violence or disorder caused or “[I]TISAPRIZEDAMERICAN to get itself accepted in the competition threatened by his speech. The provoca- PRIVILEGETOSPEAKONE’S of the market, and that truth is the only tive-speech decisions reflect the Justices’ MIN D, ALTHOUGHNOTALWAYS ground upon which their wishes safely internalization of the classical Athenian may be carried out.” Holmes did not parrhesiastic ideal, which not only WITHPERFECTGOODTASTE, claim that “free trade in ideas” inex- honored speakers with the courage to ONALLPUBLICINSTITUTION S.” orably led a society to truth in any objec- confront their audiences with the truth U. S. SUPREMECOURT tive sense. He simply argued, as had Mill as they saw it, but also demanded of and Pericles, that collective acceptance audiences the courage to remain open BRIDGES V. CALIFORNIA ( 1 9 4 1 ) or rejection of any idea after free debate to the most unsettling discourse. was the best that any society could do Just as the principles of ise¯goria and in approximating truth. parrhe¯sia interacted in the classical At the doctrinal level, American Athenian democracy to generate a power- NOTES free-speech jurisprudence, like Athenian ful free-speech practice inviting every full 1 R. K. Sinclair, Democracy and Participation in democratic practice, created a concept citizen to speak his mind in public debate, Athens 140-41 (Cambridge, 1988). Yet it also is of parrhe¯sia to complement its incorpo- the American variations of ise¯goria and attested that only a small number of rhe¯te¯res regularly participated in, and typically dominated, ration of isgoria, the equal freedom of parrhe¯sia combine to create what is per- Assembly debate. individuals to speak on matters of public haps the guiding principle of American 2 Alexander Meiklejohn, Free Speech and Its concern. Justice Brandeis invoked free-speech jurisprudence: the equal right Relation to Self-Government, in Political Freedom: The Constitutional Powers of the People, 3, 27 Athenian parrhe¯sia when he wrote in of all individuals to speak out fully and (Harper, 1960) (originally published, 1948). his Whitney concurrence that the First frankly on matters of public concern. 3 Id. at 24. Amendment protected “the freedom . . . 4 Police Department of City of Chicago v. Mosley, 408 U.S. 92, 96 & n. 4 (1972), quoting Meiklejohn, to speak as you think” as essential to ••••• Free Speech and Its Relation to Self-Government, democracy. American parrhe¯sia protects The roots of American freedom of supra note 2, at 27. “vehement, caustic, and sometimes speech extend to classical Athens, the 5 Michel Foucault, Fearless Speech 32-33 unpleasantly sharp attacks on govern- fountainhead of democracy. These roots (Semiotext[e], 2001) (Joseph Pearson, ed.). 6 John Stuart Mill, On Liberty (1859), in On 10 ment and public officials.” Like its have remained strong, notwithstanding Liberty and Other Writings 23-24 (Cambridge, 1989) Athenian ancestor, American parrhe¯sia the passage of over two-thousand years (Stefan Collini, ed.). licenses speakers to express themselves and the adoption of two very different 7 See Thucydides, The Landmark Thucydides: A Comprehensive Guide to the Peloponnesian War frankly, even if what they say offends, approaches to democracy in Athens and 2.40.2, at 113 (Free Press, 1996) (Richard Crawley, AL2009 FALL angers, or otherwise disturbs their audi- in America. To be sure, the differences trans., Robert B. Strassler, ed.). ence. “[I]t is a prized American privilege between the highly participatory direct 8 Nadia Urbanati, Mill on Democracy: From the Athenian Polis to Representative Government 3 to speak one’s mind,” declared the democracy of classical Athens and

(Chicago, 2002), quoting Alexander Bain, John LAWYER TULANE Court in Bridges v. California (1941), America’s relatively restrained represen- Stuart Mill: A Criticism, with Personal Recollections “although not always with perfect good tative democracy have dictated funda- (Longmans Green, 1882). taste, on all public institutions.” mental differences in free-speech law 9 Nadia Urbanati, Mill on Democracy, supra note 8, at 185. The Justices delineated the doctrinal and practice in the two systems. But the 10 New YorkTimes Co. v. Sullivan, 376 U.S. 254, rules protecting parrhe¯sia in one of the infusion of an Athenian sensibility into 270 (1964). 17 FACULTYNEWS

INMEMORIA M: PROFESSOR BROOKEOVERBY

The faculty, students, and staff of the law school mourn the loss of Professor Brooke Overby who passed away suddenly on August 5, 2009, in Florida. A memorial service in her honor took place on September 10, at Weinmann Hall, where members of the Tulane law commu- nity, friends, and relatives paid their respects. Professor Overby was a stellar teacher, a prolific scholar and an active servant to the larger Tulane community. The Tulane Law School family extends its deepest sympathy to Brooke’s family.

rofessor Brooke Overby Editor of the Iowa Law Review, and joined the law school in July 1990. She grew up in Lake Forest, Illinois, graduated Order of the Coif. taught classes in contracts and commer- and attended Northwestern Following law school, Professor cial law with a genuine enthusiasm for PUniversity, where she received Overby served as a clerk for Judge the subject. Professor Overby was a gift- a B.A. in Classics in 1982. She received Richard J. Cardamone of the U.S. Court ed teacher who received outstanding her J.D. with highest distinction from the of Appeals for the Second Circuit and as teaching evaluations. She gave extraordi- University of Iowa College of Law in an associate at Mayer, Brown & Platt in nary time and energy to her students, and 1987, where she was an outstanding Chicago from 1988–1990. She was a in return, she was beloved by many and student, ranking first in her class every member of the Illinois Bar. deeply respected and admired by all. semester. She received the John F. Professor Overby was an invaluable Professor Overby achieved tenure in Murray Prize, served as Senior Articles member of the faculty from the time she 1996 and was promoted to full professor

Professor Overby was a well-published Eason-Weinmann Conference, “The Contract, in the Age of Sustainable scholar. A list of her presentations and Harmonization in Transnational Norms Consumption, 27 J. CORP. L. 603 articles follows: and Processes,” Tulane Law School, (2002) January 1994 (discussant on applica- An Institutional Analysis of Consumer PRESENTATIONS tion of good faith and fair dealing in international transactions) Law, 34 VAND. J. TRANS. L. 1219 Conference, “Teaching Consumer (2001) Law,” University of Houston Law Center, April 2002 (panelist on “What ARTICLES Will Cyber Law be Uniform? An Intro- is Consumer Law?” and organizer/ Allocation of Check Kiting Losses duction to the UNCITRAL Model Law moderator of panel on Consumer Under the UCC, Regulation CC, and on Electronic Commerce, 7 TUL. J. Law Scholarship) the Bankruptcy Code: Reconciling the INT’L & COMP. L. 219 (1999) Standards, ___WAKE FOREST L. “Public Choice Theory” and “New REV. (forthcoming 2009) Modeling UCC Drafting, 29 LOY. L.A. Institutional Economics,” Tulane Law L. REV. 645 (1996) School, February 2001 (segments for Mortgage Foreclosure in Post-Katrina The Community Reinvestment Act mini-course on Law & Economics) New Orleans, 48 B. C. L. REV.851 (2007) Reconsidered, 143 U. PA. L. REV. “Consumer Protection: The United 1431 (1995) States and European Union Compared,” Consumer Protection in China After Tulane Law School, March 1996 Accession to the WTO, 33 SYR. J. Bondage, Domination, and the Art of (conference for Austrian notaries) INT’L L. & COM. 47-92 (2006) the Deal: An Assessment of Judicial Strategies in Lender Liability Good FA L L 2 0 0 9 Symposium, “Shaping American Check Fraud in the Courts After the Faith Litigation, 61 FORDHAM L. Communities: Segregation, Housing, Revisions to UCC Articles 3 and 4, 57 REV. 963 (1993) and the Urban Poor,” University of ALA. L. REV. 351 (2005) Pennsylvania, February 1995 (presen- Arbitrability of Disputes under the Our New Commercial Law Federalism, ter of main paper on panel addressing Federal Arbitration Act, 71 IOWA L. 76 TEMPLE L. REV. 2007 (2003) Community Reinvestment Act) REV. 1137 (1986) TULANE LAWYER 18 NEWFACULTY RONALD J. SCALIS EJR. in 2002. She was a visiting professor at Notre Dame Law School in spring 2002. A.D. Freeman Associate Professor of Civil Law In her later career, she developed an inter- BA, summa cum laude, 1997; JD, summa cum laude, est in China, learning Mandarin and travel- 2000, Tulane University; LLM, 2003, first class ing as a Fulbright lecturer to the China honors, Cambridge University University of Political Science and Law in Prior to joining the Tulane law faculty in 2009, Beijing. She was an enthusiastic, intrepid Professor Ronald Scalise had served on the faculty of world traveler, and, in addition to China, the Louisiana State University Law Center since 2004. visited Africa, Thailand, Vietnam, Since 2007, he held the McGlinchey Stafford Mongolia, and Central Asia. Associate Professorship there. After his graduation Brooke Overby was an active and from Tulane Law School, where he was articles editor of the Tulane Law Review, energetic member of many law school and Professor Scalise clerked on the U.S. Court of Appeals for the Fifth Circuit and pursued university committees and authored a his LLM at Trinity College, Cambridge University, on a Gates Fellowship. He then comprehensive report on the law school’s worked as an associate attorney in the corporate and business section of the New clinics in 1999. She recently chaired the Orleans law firm of Stone Pigman Walther Wittmann, LLC. law school’s successful search to fill the A member of the Louisiana State Law Institute and a board member of the American John B. Breaux Chair. Society of Comparative Law, Professor Scalise has written extensively on civil law top- Professor Overby wished more than ics, particularly in the area of successions and inheritance. He currently is editing a book anything to see her students succeed, but a on European contract law and working on another book on the civil law of property. close second to that was to see the intellec- tual and scholarly community of the Tulane Courses Fall 2009: Civil Law Property II, Obligations II / Spring 2010: Roman Law law faculty prosper. As chair of the school’s Other courses Introduction to Civil Law Property, Obligations I, Comparative Law Intellectual Life Committee, she worked hard to encourage and enrich a culture of scholarship. She mentored many of her col- SHU-YIOEI leagues, and her contribution to the intellec- Associate Professor of Law tual life of the school will not be forgotten. AB, magna cum laude, 1999, Brown University; MTS, JD, 2003, Harvard University Accordingly, at the suggestion of her colleagues and students, the law school is Professor Shu-Yi Oei joined the Tulane Law establishing in Professor Overby’s memory School faculty this fall. After graduating from The Brooke Overby Faculty Research Harvard Law School in 2003, Professor Oei prac- Fund, to be used to support faculty ticed tax law at the Boston law firm of Bingham research and scholarship. The law school McCutchen for almost six years. Her practice invites contributions from Professor involved advising clients in a wide variety of federal, state, and international tax matters Overby’s colleagues, students and friends. and encompassed individual, corporate, partnership, and cross-border taxation. From Donations in Brooke’s memory may be 2008 to 2009, Professor Oei also held a post-graduate research fellowship at Harvard Law sent to Andrew Romero, senior director School. Professor Oei’s research and teaching interests are in U.S. taxation and tax policy. of development, Tulane University Law In addition to her law degree, Professor Oei holds a Master of Theological Studies School, 6329 Freret Street, Suite 210B, from Harvard Divinity School. While in law school, Professor Oei was a primary editor New Orleans, La., 70118, or may be made of the Women’s Law Journal, a member of the Harvard Legal Aid Bureau, and founded ALL2009 0 0 2 L L FA online at www.law.tulane.edu/giving. the Harvard Hapkido Club. Please indicate that your gift is intended Courses Fall 2009: Income Taxation / Spring 2010: Tax Policy Seminar, Corporate Tax for the “Brooke Overby Memorial Fund UAELAWYER TULANE at Tulane Law School.” Articles A Structural Critique of Trader Taxation, 8 FLA. TAX REV. 1013 (2008) For questions or additional information Context Matters: The Recharacterization of Leases in Bankruptcy and Tax Law, 82 AM. about supporting the Overby Fund, contact BANKR. L.J. 635 (2008) Andrew Romero at 504-862-8559 or Rethinking the Jurisdiction of Bankruptcy Courts over Post-Confirmation Federal Tax [email protected]. Liabilities: Towards a New Jurisprudence of 11 U.S.C. § 505, 19 AKRON TAX J. 49 (2004) 19 FACULTYPUBLICATIONS,PRESENTATIONS,APPOINTMENTSANDHONORS

Adeno Addis has published two articles: Contribution” at the Australian Insurance presented on the topic of “Drafting laws “Symposium: International Judges: Law Association/Queensland Law Soci- for commercial transactions” for the Identitarian Anxiety and the Nature of ety Insurance Law Intensive in Noosa, Public Law Center’s Legislative Drafting Inter-tribunal Dialogue” (9 Chicago Australia. Davies participated in an invi- seminar on June 24, 2009. Dickerson Journal of International Law, 2009), and tational National Intelligence Council has published “Corporate Social Respon- “Imagining the International Commu- Workshop on Piracy and Counter Piracy sibility: Lessons from the South on nity: The Constitutive Dimension of in Herndon, Va., in June 2009. He also Law and Business Norms” in Law and Universal Jurisdiction” (31 Human delivered the Annual Address of the Economics: Toward Social Justice (Dana Rights Quarterly 129, 2009). His article, Australian Maritime and Transport Arbi- Gold ed.: Elsevier book series Research “Torture as a Counterterrorism Strategy,” tration Commission in the Federal Court in Law and Economics, 2009). is scheduled for publication in the Chuo of Australia in Brisbane on July 2, 2009. Onnig Dombalagian presented “A Law Review, 2010. Addis also partici- The topic was “More Lawyers But Less Virtuous Cycle?: Legal and Regulatory pated in a conference on “Fighting Law: Maritime Arbitration in the 21st Responses to the Rise in Shareholder Impunity and Promoting International Century.” The address was video-linked Activism,” at the George A. Leet Justice,” held at The Hague in June, and to federal courthouses in Sydney, Business Law Symposium “Institutional on a jurisprudence panel held at Yale Adelaide, Melbourne and Perth. Investors and Corporate Governance: Law School, where he presented a paper Mark Davis authored two new articles: Heroes or Villains?” The symposium, honoring the work of Professor Michael “Effective Coordination and Cooperation held in Cleveland, Ohio, last April, was Reisman of the Yale Law School. The Between Ecological Risk Assessments sponsored by the Center for Business paper, entitled “Law as A Process of and Natural Resource Damage Assess- Law and Regulation, Case Western Communication: Reisman Meets ments: A New Synthesis,” to be published Reserve University School of Law. His Habermas,” will be published as a chap- in Society of Environmental Toxicology article, “Requiem for the Bulge Bracket?: ter in a volume celebrating Reisman’s and Chemistry Integrated Environmental Revisiting Investment Bank Regulation,” work. As part of the Tulane-Chuo Assessment and Management (October has been accepted for publication in exchange program, Addis delivered three 2009), and “Preparing for Apportion- volume 85 of the Indiana Law Journal lectures at Chuo University in Japan. ment: Lessons from the Catawba River,” (2010 forthcoming). Dombalagian testi- Jeanne Carriere presented “The published in the Sea Grant Law and fied as an independent legal expert at a English Constitution in Policy Journal (June 2009). Davis was field hearing of the U.S. Senate Commit- Shakespeare’s Richard featured briefly in the HBO documentary tee on Banking, Housing & Urban Affairs II” on the Law and “The Yes Men Fix the World,” which was chaired by Sen. David Vitter (R-La.). Literature panel at slated for theatrical release in October. The topic of the field hearing, held in SEALS in August. The Yes Men impersonate spokespersons Baton Rouge, La., on August 17, was She also has co-edited for big companies and government “Alleged Stanford Financial Group A.N. Yiannopoulos’s agencies to both satirize them and draw Fraud: Regulatory and Oversight Civil Law Property attention to underlying issues. Concerns and the Need for Reform.” Coursebook: Louisiana Claire Dickerson has made several James Duggan served as president and Legislation, Jurispru- presentations including “OHADA on the presiding officer at the American Associ- dence and Doctrine, Ground: Harmonizing Business Laws in ation of Law Libraries (AALL) Annual 9th ed. (Baton Rouge: Three Dimensions” at the University of Meeting and Conference in Washington, Claitor’s, 2009) (with Dian Tooley-Kno- Stellenbosch, in Stellenbosch, South D.C., July 25-28. The conference, which blett of Loyola and J.R. Trahan of LSU). Africa, at a conference organized jointly was attended by approximately 3,000 law Martin Davies delivered presentations by the International Association of Legal librarians, invited guests, speakers and on “Time Charters: Last Voyage Science and the World Society of Mixed vendors, focused on his chosen theme, FA L L 2 0 0 9 and Related Issues,” and “Rule B Jurisdiction Jurists. In June, she spoke “Innovate.” He presided over the AALL Attachment” at an International Charter- on “OHADA and Doing Business in Executive Board Meeting, opening of ing Seminar in Tokyo, Japan (May Africa: An Academic Perspective” for exhibits, recognition luncheon, business 2009). Two days later, he delivered a the OHADA-Nigeria 2009 International meeting, opening session and closing

TULANE LAWYER presentation on “Double Insurance and Conference in Lagos, Nigeria. She also banquet. Duggan also moderated a 20 Engaging with Foreign Law (Hart Goods by Sea regime). The lectures were Publishing, Oxford, together with Sir held in Beijing, Wuhan, and Shanghai. Basil Markesinis), and Judicial Recourse Joel Friedman has published The Law to Foreign Law with Sir Basil (Oxford of Employment Discrimination (7th ed., 2006). (Italian edition: Giudici e Diritto Foundation Press) and Friedman & Straniero [translation by Anna Taruffo], Collins, The Law of Civil Procedure Società editrice il Mulino, Bologna (2009 Supplement, Thomson/West). His 2009). Fedtke presented the fifth session recent presentations include: “Recent session and introduced the keynote of the Civil Law Workshop/Saúl Litvinoff Developments in Employment Discrimi- speaker, Jonathan Zittrain (Harvard Series at the LSU Paul M. Hebert Law nation Law,” at the 2009 Multi-State Law School), who spoke about the future Center on Nov. 9, 2009. His talk was Labor and Employment Law Seminar of the Internet and Law Libraries. On entitled “Time to Move On: Challenging (San Antonio, Texas, May 2009), “The May 19, he represented AALL at the a Tired Division, Common Law Methods Life of Judge John Minor Wisdom,” at the Mayflower II meeting in Washington, in a Civil Law System.” Tulane law pro- New Orleans Bar Association’s “Minori- D.C. Also in May, Duggan was an fessor Ronald J. Scalise, Jr. is an editor of ties in the Profession” (New Orleans, La., invited delegate to the China-U.S. the Saúl Litvinoff Series. June 2009), “Overview of Employment Conference on legal information and law Discrimination Law,” at the Orientation libraries, held in Beijing, and spoke as Gabe Feldman’s article, “The Puzzling Program for Newly Appointed U.S. part of the opening ceremonies. He was Persistence of the Single Entity Argument District Judges, (Washington, D.C., June the featured speaker at the May 21, for Sports Leagues: American Needle 2009), and “Judicial Biographies” at the 2009, Meeting of the Chicago Associa- and the Supreme Court’s Opportunity 2009 Annual SEALS conference (Palm tion of Law Libraries (CALL). Finally, to Reject a Flawed Defense,” has been Beach, Fla., June 2009). Duggan was appointed to the American accepted for publication by the Wisconsin Advisory Board of the Chinese Ameri- Law Review. The article also was cited James Gordley chaired the Working can Forum on Legal Information and by the petitioner’s brief to the Supreme Group on Contract Law for a project Law Libraries (CAFLL), with a service Court in American Needle v. NFL. He called “The Common Core of European term through June 30, 2012. presented his article, “The Misuse of the Private Law,” whose annual meeting was Less Restrictive Alternative Inquiry in held in Torino, Italy, June 26–27, 2009. Rule of Reason Analysis,” at the South- Catherine Hancock delivered a talk eastern Association of Law Schools on Feb. 13, 2009, at the annual Fourth (SEALS) Conference in Palm Beach, Fla. Amendment Symposium, sponsored by It has been accepted for publication in the National Center for Justice and the volume 58 of the American University Rule of Law at the University of Missis- Law Review. In November, Feldman sippi. The topic for the symposium was testified before the House Subcommittee “Great Dissents in Fourth Amendment on Commerce, Trade, and Consumer Cases.” Hancock also served as the mod- Protection at a hearing entitled, “The NFL erator and organizer of a panel on rape StarCaps Case: Are Sports’ Anti-Doping shield law, entitled “Evidence and Rape,” Programs at a Legal Crossroads?” at the 2009 Annual SEALS Meeting in Robert Force attended an International Palm Beach, Fla., on Aug. 3, 2009. Joerg Fedtke co-authored a 40+-page Conference on Maritime Pollution Lia- Jancy Hoeffel presented “Teaching Rape update on German tort law (with Dr. bility and Policy in June, where he deliv- Shield Law in Evidence: A Model Trial Florian Wagner-von Papp of UCL), due ered a paper entitled, “A Comparison of Approach,” at the August 2009 SEALS to appear in the European Tort Law the Recovery of Compensation for Injury conference. She was appointed to Chair ALL2009 0 0 2 L L FA Yearbook 2008 (ed. Koziol/Steiniger). A to Natural Resources under the 92 CLC of Moderator Committee for SEALS second contribution to a volume on the and Fund Conventions with the U.S. Oil 2010 Conference. legal implications of genetically modified Pollution Act of 1990.” Co-sponsored UAELAWYER TULANE organisms (agricultural products in par- by Dalian Maritime University and the ticular) in Germany will appear soon in a University of Maastricht, the conference volume published by the European Cen- was held in Dalian, PRC. Force also ter for Tort and Insurance Law (ECTIL) delivered three lectures on the proposed in Vienna. He has two new publications: Rotterdam Rules (a new Carriage of 21 FACULTYPUBLICATIONS,PRESENTATIONS,APPOINTMENTSANDHONORS

Stephen Griffin spoke on “War Powers European and Civil Law Forum, which and Constitutional Change” at the appeared in late August. His Wainwright Murphy Institute’s Center for Ethics lecture at McGill entitled, “Quebec and and Public Affairs Faculty Seminar Her Sister Mixed Jurisdictions,” has been workshop, held in October. The Faculty published in the McGill Law Review Seminar is a twice-monthly event at (summer 2009). Palmer also presented a which Tulane faculty, the Center’s new research project, “Immaterial Loss Faculty Fellows, and distinguished and Moral Damages in European Con- visitors present works in progress. reform, in St. Helena, Calif., and the tract Law,” to the Common Core group Kauffman Summer Legal Institute on Oliver Houck has three new publica- in Turin this June. Law, Innovation, and Growth. He also tions in 2009: “A Case of Sustainable submitted a paper, entitled “Copyright, Development: The River God and the Private Copying, and Discrete Public Forest at the End of the World,” Tulsa Goods,” to the Tulane Journal of Tech- Law Review (spring edition); “How’d nology & Intellectual Property, as part We Get Divorced?: The Curious Case of its issue on the future of copyright. of NEPA and Planning,” Environmental Law Reporter (July); and “The Messen- Vernon Palmer co-edited with Elspeth ger,” The Environmental Forum (June). Reid the first comparative work on His review of the book, Rules of the Louisiana and Scots private law entitled, Road, was published in The Environ- “Mixed Systems Compared: Louisiana mental Forum (August). and Scots Private Law” (Edinburgh Glynn Lunney participated in a meeting University Press). Palmer edited and of the Copyright Principles Project, a published the “Bicentennial Papers of the working group focused on copyright Louisiana Digest of 1808” in the Tulane

HEADLINERS in 2005. Prosecutors allege that $90,000 found foil-wrapped in the freezer of his Washington, D.C. home in 2005 was part of TULANELAWSCHOOLINTHENEWS $100,000 in bribe money passed to him by an FBI informant. Jefferson’s attorneys said that he was acting as a private business- NEWSDAY man and did not undertake official acts on behalf of the compa- nies, such as casting a vote or introducing legislation. June 2009 “While piracy has been a federal crime in the United States since 1819, it hasn’t been prosecuted here in more than 100 years…” BUSINESSREPORT —Martin Davies, director, Tulane Maritime Law Center, comments on piracy law, relative to the Somali pirate trial. The “The problem with anti-fraud is the state-of-mind rule. … They’ll last prosecution Davies could find in the law books was men- have to prove that [the advisers] intended to deceive or spoke tioned in a U.S. Supreme Court decision in 1894. April 2009 with reckless disregard. There are issues with demonstrating state of mind. They’ll also have to examine if there was a relationship of domination and control.” CONGRESSIONALQUARTERLY —Professor Onnig Dombalagian on the state Attorney “[A key issue in the case is] how do you disentangle the activity General’s Office investigation into the Louisiana-based Stanford that you are doing on behalf of constituents or to advance your companies. Dombalagian explains that charging advisors with FALL 2009 policy interests versus your personal interests?” fraud for having knowingly allowed investors to purchase CDs —Interim Dean Stephen Griffin shares remarks on the long- that were only worth the paper on which they were printed or delayed corruption trial of former Democratic Representative charged with failing to see or acknowledge the fraud occurring in William J. Jefferson. Jefferson was accused of plotting to bribe a their midst might be difficult to prove, noting the advisers could

TULANE LAWYER Nigerian official as part of an attempt to broker a business deal attempt to claim they were duped as well. July 2009 22 Ronald Scalise Jr. was a visitor at the delivered at the Annual International THEFOLLOWINGFACULTY MEMBERSHAVERECEIVED Max Planck Institute for Comparative Conference of the International Associa- PROFESSORSHIPSFROM and International Private Law in Ham- tion of Procedural Law in Toronto in July ENDOWEDFUNDS: burg, Germany, in June 2009. He pre- and was published shortly thereafter. His sented “Undue Influence and the Law of article, “U.S. Supreme Court Rejects Onnig Dombalagian Wills: A Comparative Analysis” while at Bush Administration Position on Guan- The George Denègre Professorship in Law the Institute. Scalise also presented his tanamo Detainees: The Watershed of the Jancy Hoeffel questionnaire on Penalty Clauses, a sub- Boumediene v. Bush Line of Cases,” will Catherine D. Pierson Endowed Professorship ject for which he is a book editor, at the be published in the International Review Tania Tetlow 15th annual meeting of the Common of Military Law and the Law of War. The Felder-Fayard Early Career Professorship in Law Core of European Private Law project Tania Tetlow presented her paper, in Torino, Italy, in June 2009. “Discriminatory Acquittals” at the Edward Sherman has been appointed SEALS conference in August 2009; the the University in the Era of Google by the President of the American Bar paper will appear later this year in the Books,” held Nov. 13, 2009, at the James Association as Chair of the Task Force William and Mary Bill of Rights Journal. E. Rogers College of Law, University of on Federal Preemption of State Tort Law, Tetlow also presented her article on Arizona. She and W. Ron Gard presented composed of a distinguished group of “Discriminatory Acquittals” to the their paper, “Marked by Modernism: lawyers, judges and law academics. faculty of the Washington University Reconfiguring Copyright for the 21st His “Recommendations and Report” as Law School on September 11. Century,” at the Tulane Law School Reporter for the ABA Task Force on Elizabeth Townsend-Gard presented Summer Faculty Brown Bag series. Disaster Insurance, adopted by the ABA “Wrestling with the 1909 Copyright Act Keith Werhan has written a solicited House of Delegates earlier this year, has in Theory and Practice,” at the IPSC book review of Joseph P. Tomain’s, been distributed to congressional staffs. Conference at Cardozo, August 2009. Creon’s Ghost: Law, Justice, and the Sherman’s paper, “Judicial Supervision She also moderated a New Scholars Humanities (OUP 2009), for the Law of Attorney Fees in Aggregate Litigation: (IP) panel at SEALS in August. and Society Review. He also presented at The American Vioxx Experience as Townsend-Gard was the keynote speaker a panel on the Reporters’ Privilege at the Example for Other Countries,” was on a panel discussion, “Copyright and SEALS conference in August 2009.

WWLTV Mark Doherty, who says the juvenile detention facilities function “I’m surprised they are going after [a] relatively small more as jails than as rehabilitation centers. Doherty asked the company, but maybe the facts were very egregious. The reality Louisiana Supreme Court to allow the state’s first jury trial for is Community Coffee understood their contracts with the federal a juvenile, contending that since its juvenile detention centers government were at risk, they weren’t going to do anything to mirror the punishment functions of adult jails, minors also risk that, these are important to Community Coffee.” should be entitled to receive jury trials like adults. Balmori —Professor Joel Friedman speaks out about the Department argued Doherty’s jury trial request before the state Supreme Court. of Labor’s hiring discrimination allegations against Community October 2009 Coffee. While no minority applicants filed complaints against the company, the Labor Department’s Office of Federal Contract THETIMES-PICAYUNE Compliance Programs launched an investigation and determined that, from 2004–2007, Community Coffee violated government “People either can’t get jobs or lost the jobs that they had. regulations by not hiring more minorities “for a part-time barista Historically, graduate school has been a reasonable place to sit position.” October 2009 out a recession.” 2009 FALL —Susan Krinsky shares her experience as Associate Dean for Admission, Financial Aid & Career Development. A 15 UNITEDPRESSINTERNATIONAL LAWYER TULANE percent increase in applications this fall—the first jump in inter- “They are basically jails with curtains on the windows. … They est the school has seen since Katrina—leads her to believe things come in shackles.” are getting back to normal. Still, Krinsky admits she is very —Juvenile Law Clinic student attorney Candice Balmori interested to see where the application numbers will land for the echoes the contention of Orleans Parish Juvenile Court Judge 2010–11 academic year. November 2009 23 RECESSFORREFLECTION “LIVE YOUR QUESTIONS NOW, AND PERHAPS EVEN WITHOUTKNOWINGIT,YOUWILLLIVEALONG SOMEDISTANTDAYINTOYOURANSWER S.” —Rainer Maria Rilke TAKING THE LAW IN THEIR HANDS

CLINICALLEGALEDUCATION CHANGESLIVES

BY NICKMARINELLOANDLAURENVERGONA

PHOTOGRAPHSBYEUGENIAUHL

“The real world is not like some case in a casebook with abstract facts….[In clinics] you’re put in a situation where you don’t know what the facts are. You have to extract them yourself. And that is the most valuable kind of learning, the active, involved learning. And that transforms law schools.”

—THELATEJOHNKRAME R,

DEAN OF TULANE LAW SCHOOL FROM 1986 TO 1996 FALL 2009 TULANE LAWYER 27 of every academic year, student attorneys enrolled in the law District Court. Along the way they make a stop at magistrate court, presided school’s Criminal Litigation Clinic are given a tour of Orleans Parish Criminal TTHEBEGINNING “When I graduated law school, I didn’t even know where the courthouse was,” he tells the student Building the bridge between knowing and doing is what clinical legal education is all about. Without “The best way to learn is to do,” says Katherine Mattes, interim director of the Criminal Law Clinic.

over by Judge Gerard Hansen. In the months tolegal come, representatives of Hansen indigent will clients. see As the he students does return every tothe year, his students’ Hansen eyes court reads and as the then awe delivers and what anticipation is in both a simple and profound observation. attorneys. “You will not only know where the courthouse is, but you will have argued cases inclinic it.” experience, a student could graduate from law schoolor never represented having a argued client. a Yet as case, soon drafted as a they motion pass the bar, they would be licensed to do“And for all a of law those student things. to learn to practiceexamine law, real he witnesses or and she make must real meet arguments clients, in draft ayou real are real legal being courtroom. documents, To supervised be and able have to the do safety all net of provided this by while a clinic experience is invaluable.” A Interest Externship and founding director of both the Civil Litigation Clinic and the Domestic Violence Clinic. As late as 1969, only a handful of the nation’s law schools included clinical education alongside their traditional curricula. Beginning in 1968 and continuing through the early 1970s, however, the Council on Legal Education and Professional Responsibility began making what would amount to $11 million in grants to approximately 90 law schools across the country to establish live-client clinics. While Tulane was not in that initial wave of schools, it was only a matter of time before the law school administrators, responding in part to student interest, jumped into the game, creating the civil, criminal, and juvenile clinics, all of which were housed in cramped quarters on Freret Street, down the block from what in those days was the law school’s location in Joseph Merrick Jones Hall. “This new form of legal education had at its core the involvement of students in representing real clients under facul- ANEWERA ty supervision,” says Johnson. This year, clinical education at the law school celebrates its Back in the late ’70s, David Katner (A&S ’77, L ’80) was 30th anniversary. Jane Johnson (L ’74) has been involved in among the law students circulating a petition advocating clinical clinical education at Tulane for the entirety of that time. education at the law school. Today Katner is a professor of clin- “I believe the clinics were created in recognition of the ical law and director of the Juvenile Law Clinic, a position he fact that a new era of legal education was beginning and that has held since 1984. Tulane should join in,” says Johnson, director of the Public “Clinical education was somewhat controversial when it

“CLINICWORKISDIFFICULT; THELEARNINGCURVEIS ENORMOUS,CLIENT S’ NEEDS ARESERIOUSANDLONG HOURSARESTANDARD.”

emerged on the national scene, as it competed with more traditional classes for student participation,” says Katner. “Today, however, most top tier schools offer live-client clinic instruction, and the [American Bar Association] has pressured law schools to expand on experientially based legal training.” The original three clinics are now joined by the

CIVILLITIGATIONCLINIC FALL 2009 1st row (l to r): M. Lucia Blacksher (Clinical Instructor), K. Tregilgas, B. Barrient, B. Buckley, W. Gamble, Z. Weisberg, D. Meyer, E. Greenbaum, Stacy Seicshnaydre (Associate Professor/Director). 2nd row: Joseph Escandon (Visiting Clinical Instructor),

TULANE LAWYER W. Duesman, N. Copping, A. Provosty, C. Bernhardt, P. Hernon, M. Schopf, 28 J. Belaga. Not pictured: C. Johnson The Louisiana Supreme Court and federal courts in Louisiana authorize third-year law students to conduct a limited law practice for indigent clients. Under the direction of Tulane supervising faculty who are members of the Louisiana bar, students represent clients by investigating, preparing, and trying CLINICAL cases, or by becoming involved in administrative or legislative proceedings. In the Tulane law clinics, instruction is provided in a variety of contexts. EDUCATION For most of the clinics, students enroll in a seminar on lawyering skills, which addresses interviewing, counseling, negotiating, case planning, discovery, and ATTULANE motion practice. The emphasis is on lawyering skills that students will use after leaving law school. Students may also learn through simulated role LAWSCHOOL performances, which are videotaped and critiqued. Finally, under faculty supervision, students represent individuals or organizations before trial or appellate courts, administrative agencies, or legislative bodies.

CIVILLITIGATIONCLINIC ENVIRONMENTALLAWCLINIC Represents clients primarily in civil rights matters in federal court. Represents indigent persons and community organizations seeking The civil rights docket includes fair housing, employment to protect and restore the environment. discrimination, police misconduct, and First Amendment claims. DIRECTOR: Adam Babich, Professor of Law DIRECTOR: Stacy Seicshnaydre (L ’92), William K. Christovich DEPUTYDIRECTOR: Jill Witkowski, Professor of the Practice Associate Professor of Law CLINICALINSTRUCTORS: Elizabeth Calderón (MA ’94, L ’98), CLINICALINSTRUCTOR: M. Lucia Blacksher (BA ’96) Lisa Jordan (LLM ’91), and Corrine Van Dalen VISITINGCLINICALINSTRUCTOR: Joseph Escandon (L ’07) FOUNDED: 1989 FOUNDED: 1979 CURRENT#OFSTUDENTCLINICIANS: 28 CURRENT#OFSTUDENTCLINICIANS: 15 JUVENILELAWCLINIC CRIMINALLITIGATIONCLINIC Represents both parents and their children in cases in the Orleans Through appointment by state courts, the criminal clinic represents Parish Juvenile Court system. Cases involve indigents unable to indigent defendants charged with misdemeanors and felonies. afford counsel for juvenile delinquency matters, children in need Students participate in every phase of a criminal case, from first court of care (neglect and abuse) cases, and termination of parental rights appearance through appeal. The clinic’s caseload relieves the state cases. Student attorneys handle all pre-adjudication investigations, courts of some of the cost of public defenders. The clinic also aids motion hearings, trials, and appeals. the court in providing representation in cases involving multiple DIRECTOR: David R. Katner (BA ’77, L ’80), Professor of Clinical defendants, where the public defender’s office may be presented with Law and Felix J. Dreyfous Teaching Fellow in Juvenile Law a conflict in representing more than one defendant. FOUNDED: 1979 INTERIMDIRECTOR: Katherine M. Mattes, Professor of the Practice CURRENT#OFSTUDENTCLINICIANS: 10 CLINICALINSTRUCTOR: Sheila C. Myers (L ’74) FOUNDED: 1979 CURRENT#OFSTUDENTCLINICIANS: 12 LEGISLATIVE&ADMINISTRATIVE ADVOCACYCLINIC DOMESTICVIOLENCECLINIC The Legislative & Administrative Advocacy Clinic has operated Handles both civil and criminal cases and is designed to address [under The Public Law Center] since January 1988 as a clinical clients’ representation needs in family law, housing, employment, legal education program, teaching courses in legislative process 2009 FALL consumer credit, and criminal matters resulting from relationship and administrative rulemaking to second- and third-year law violence. students at both Tulane Law School and Loyola University UAELAWYER TULANE DIRECTOR: Tania Tetlow (N ’92), Felder-Fayard Associate New Orleans School of Law. Professor of Law DIRECTOR: David Marcello (L ’71), Adjunct Professor of Law DEPUTYDIRECTOR: Becki T. Kondkar FOUNDED: 1988 FOUNDED: 2002 CURRENT#OFTULANELAWSCHOOLSTUDENTCLINICIANS: 13 CURRENT#OFSTUDENTCLINICIANS: 10 (an additional 10 student clinicians attend Loyola Law School) 29 Environmental Law Clinic (1989), Domestic Violence Clinic “We were isolated over there, like a moon colony in a science (2002), and the Legislative and Administrative Advocacy Clinic fiction novel,” says Johnson. (1988), which is a joint operation with Loyola University New Since 1979, the legal careers of more than 2,000 Tulane Orleans School of Law. attorneys have been prefaced by work in the law clinics, and Carrying on the same tradition that started nearly three more than 4,000 indigent clients have received free, quality decades ago, this past August 75 new student attorneys of the legal services. The clinical program is well known nationwide Tulane Law Clinics were sworn in to practice law under the pro- and plays an important role in recruiting new students to visions of Rule XX in the en banc courtroom of the Louisiana the law school. State Supreme Court. “The number of clinics has increased thanks in large part to the clinics’ biggest fan, our former dean, the late, great John TRAININGBYDOING Kramer,” says Johnson. There have been only three great innovations in the training Over the years, recruitment of additional clinical instructors of lawyers, says Johnson: the establishment of law schools, the has allowed for an increase in enrollment in most clinics. The institution of the case book method, and the introduction of growth in student interest, as Johnson points out, may also owe clinical education. in part to the fact that the clinics are now housed in a more Listening to Johnson discuss clinical education is an education commodious and pleasant environment since being relocated in itself. And the take-home message is this: if you love what you from “the dumpy house on Freret Street” to Weinmann Hall. do, you will remain passionate about doing it. After 30 years,

“THECOMMENTOFANORDINARY CITIZENCARRIESMOREWEIGHTIF OFFICIALSKNOWTHATTHECITIZEN HASTHEPOWERTOSEEKJUDICIAL REVIEWOFANYADMINISTRATIVE DECISIONHARMINGHIM.”

ENVIRONMENTALLAWCLINIC 1st row (l to r): Elizabeth Johnson talks about the clinics like a starry-eyed romantic. Calderon (Instructor), A. Villegas, A. Heishman, B. Mogabgab, L. Benbenisty, J. Tuchman, R. Nazarian. 2nd row: Corinne Van Dalen “Training occurs by doing,” she says. “Students learn by plan- (Instructor), M. Altaras, E. Cerimele, M. Hupp, A. Zeiter, K. Yancey, ning action, taking action and reflecting on the action taken.” M. Marsh, C. Scott. 3rd row: D. Tynan, Jill Witkowski (Deputy Director), J. Gray, A. Owings, D. Barnett, M. Miller, S. Patel, M. Murphy. All clinical education at Tulane operates roughly in the same 4th row: Adam Babich (Professor/Director), E. Ranchoff, K. McDunn, B. Griffith, T. Culley. Not pictured: L. Topp, M. Jordan, L. Swanner, manner. Rule XX allows third-year law students, under the D. Csank, B. Manning, S. Biswas, Lisa Jordan (Instructor) supervision of an advising attorney, to conduct limited law practice for indigent clients. A clinic is a time-consuming commitment. Johnson explains that in most clinics three separate courses must be taken, each for three hours of academic credit: clinic seminar and clinic casework in the fall, and clinic casework in the spring. “Clinic work is difficult; the learning curve is enormous,

CRIMINAL LITIGATION

FALL 2009 CLINIC 1st row (l to r): B. Dinehart, J. Bach, A. Drozdek, D. Gurdian, B. Lee, S. Chaudhri, D. Gabriel. 2nd row: Katherine Mattes (Interim Director), J. Ullman, K. Schlemmer, J. LaMarca, J. Kelley, P.Wood, Sheila Myers (Clinical Instructor) TULANE LAWYER 30 clients’ needs are serious and long hours are standard.” What students learn from their clinical experience will vary from clinic to clinic. “Students are expected to take the initiative with their cases, to develop case plans, to draft pleadings, argue motions and try cases,” says Tania Tetlow, director of the Domestic Violence Clinic and Felder-Fayard Associate Professor of Law. “In our clinic, this means representing domestic violence survivors in a wide array of family law issues, from protective orders to highly contested custody proceedings, along with the other legal issues that trap our clients in violent relationships, financial issues rel- evant to their economic independence, housing and employment.” The array of issues is very different from those in the Environmental Law Clinic. According to clinic director Adam Babich, students in the environmental clinic “litigate and negotiate environmental citizen suits to abate industrial pollution, appeal permits for environmental pollution or destruction of wetlands, challenge agency regulations that fall short of legislative mandates, and prod government to perform statutory duties.” SAVINGLIVES Another degree removed is the work of the Legislative and While clinical experience is one of a number of components Administrative Advocacy Clinic, which operates under The integral to a contemporary legal education, it is unique in that Public Law Center (TPLC). Students in this clinic do not liti- it does not exist solely for the student’s edification. gate. Rather, students learn and pursue law-making through “Students see the direct correlation between what they learn legislative enactment and agency rulemaking. and what they do for their clients,” says Stacy Seicshnaydre, “At one time I took to describing our clinic as the ‘uncola’ director of the Civil Litigation Clinic. “They experience the because of those differences,” quips David Marcello, the clinic’s tremendous impact that a lawyer can make on a client’s life.” founding director. The work that is done by the clinics on behalf of clients A student graduating law school with traditional legal represents a significant swath of societal concerns. education is likely to assume that the most substantial body of Seicshnaydre can tell the story behind any number of law is written by appellate judges, says Marcello. advocacy efforts currently under way at the Civil Litigation “In fact, however, much of the law that directly affects peo- Clinic, each one more compelling than the next. ple’s lives is a product of legislatures, and perhaps even more is There is the case of the double amputee who was denied his produced pound for pound by administrative agencies in the apartment upon his return from the hospital. The clinic alleged form of rules and regulations.” that the landlord illegally implemented an independent living And yet, underlying all the rules and regulations, briefs, and requirement against the amputee, refusing to allow him to live hearings is a common lesson imparted to all students no matter alone in the apartment. The students helped him reach a settle- which clinic they are affiliated with. ment of the case and he now lives independently. “Representing exclusively indigents who cannot afford an Then there’s the story of the prisoner in Angola State attorney forces students to embody the professional obligation Penitentiary who was severely disciplined for an ad he placed to render service to the poor,” says Johnson. “Most clinic stu- on the Internet seeking legal counsel. Alleging that the prison- dents do not specialize in the representation of indigents once er’s First Amendment rights were violated, students argued for they enter practice, but few forget their experience.” a motion for summary judgment, which was granted. AL2009 FALL

DOMESTICVIOLENCECLINIC 1st row (l to r): D. Canales, C. Manske, UAELAWYER TULANE A. Tomlinson, V. Lam, H. Lopez. 2nd row: A. Grams, S. Cryder, S. DeLeeuw, T. Keslar, Becki Kondkar (Deputy Director), Tania Tetlow (Associate Professor/Director). Not pictured: N. Bowyer

31 ENVIRONMENTALLAWCLINIC ENCOUNTERSCONTROVERSY

BYADAMBABICH

The American Bar Association honored TELC as co-recipient of its first “Award for Distinguished Achievement in Environmental Law and Policy” in 2000, largely due to the clinical work on the Shintech case. TELC was also a runner up for the National Law Journal’s Lawyer of the Year award in 1998. But the Shintech case also sparked a backlash. The governor asked Tulane’s donors to withhold support for the University. Tulane’s president responded that TELC’s students “have done nothing wrong; they have made a fine contribu- tion to our state.” After members of the business community asked the Louisiana Supreme Court to rein in TELC, the Court, in 1998, revised the rule that allows law students to make formal appearances on behalf of clients. The deans of Tulane and Loyola Law Schools, the American Association of Law Schools, and others objected to the changes and the Court softened some of them. Louisiana’s Attorney General and State Bar Association, among others, asked the Court to stay he Tulane Environmental Law Clinic’s (TELC) or rethink the revisions. Law professors from across the coun- work on behalf of clients can be controversial. try rallied with representatives of civil rights and environmen- This is not surprising since environmental disputes tal organizations in front of the Louisiana Supreme Court to usually involve concerns about public health, eco- protest the new rule. Finally, the Court further softened the nomics,T and the quality of life. Many of these disputes are revisions in March 1999. As subsequently interpreted by the driven by the disproportionate impacts that polluting facilities courts, the 1999 revised rule does not limit TELC’s ability to can have on lower-income and minority communities and also represent clients on controversial or high-impact cases. by disparities between the abilities of regulated companies and Today, TELC tries to defuse and manage controversy by ordinary citizens to influence agency decision makers. stressing the duty of all lawyers to expand access to the legal Tensions became especially pronounced in the late 1990s system and to see that justice is not rationed by ability to pay when TELC represented St. James Citizens for Jobs and the or denied to those whose views might be controversial. Under Environment, Louisiana Environmental Action Network (LEAN), the Rules of Professional Conduct that govern Louisiana’s and others in opposing Shintech, Inc.’s proposal for a polyvinyl legal profession, representing a client “does not constitute chloride plant in a predominately African-American and lower an endorsement of the client’s political, economic, social or income community in St. James Parish, Louisiana. In 1997, moral views or activities.” Thus, former Tulane Law School TELC and Greenpeace filed a petition for a formal EPA objec- Dean Lawrence Ponoroff explained to a local newspaper that, tion to the state’s Clean Air Act permit for the plant, citing regu- “The clinic is neither anti-business nor pro-business.... It is latory violations and environmental justice concerns. TELC also in the business of representing clients with legitimate claims raised the environmental justice issues in a separate civil rights under the law.” complaint filed with EPA. EPA responded with an order that Current Interim Dean Stephen M. Griffin has noted, FALL 2009 objected to the permit under the Clean Air Act and noted that the “While many vague accusations have been made against the environmental justice concerns “deserve serious attention” and clinic, it has always operated according to the highest legal that EPA would investigate them. The next year, Shintech aban- and ethical standards.” doned its plans for a St. James Parish facility and announced

TULANE LAWYER it would build a smaller plant elsewhere in Louisiana. 32 Tetlow does not mince words when assessing how clients of the Domestic Violence Clinic are affected by the work done on their behalf. “Our clinic literally saves lives,” says Tetlow. “We have helped clients who have been tortured and beaten beyond recognition to escape their abusers.” “…The work of the clinic has impacted very many lives,” says Katner. “Our clients may be spared the indignity of returning to homes where they have been abused or neglected, or they may be spared being adjudicated a juvenile delinquent.” Yet even the most procedural undertakings reveal the humanity of the law. Recently, the Criminal Litigation Clinic has filed numerous habeas corpus petitions on behalf of defendants who have had an initial finding of incompetence, but by law are remanded to a mental health facility to determine if competency to stand trial can be restored by appropriate medical treatment and therapy. Due to a shortage of facility beds, these defendants can remain in local sheriffs’ custody for months and in some cases years before being transferred. In effect, they remain in jail, never having been convicted of a crime and receiving no mental health care. “In each of the cases,” says Mattes, “the “THETAKE-HOME filing of the petition has led to the defendant MESSAGEISTHIS: receiving a bed or a placement in an alternative treatment setting.” IFYOULOVEWHAT YOUD O, YOUWILL than the cumulative effect of our FARINGFORWARD REMAINPASSIONATE cases and negotiations,” says Adam Babich mulls over a passage in T.S. A B O U T D O I N G I T.” Babich. “This is because the mere Eliot’s “Four Quartets.” availability of legal services “As I understand it,” Babich explains, “the empowers community members words instruct life’s voyagers to embrace our journeys, to ‘fare in their dialogues with regulators and industry.” forward’ because we may never know the satisfaction of arriving There is a quote from a ruling by the U.S. Court of Appeals at any terminus.” for the Fourth Circuit that Babich calls on: “The comment of an Those words, he says, strike a chord with environmental ordinary citizen carries more weight if officials know that the educators and lawyers who are unlikely to live long enough to citizen has the power to seek judicial review of any administra- see the long-term impact of their efforts. tive decision harming him.” “Will our students, or our students’ students, help forge a “Taking full responsibility for another person’s problems— sustainable relationship between industrial society and nature?” their financial plight, their safety, their self respect, even their he asks. “Can our work help buy communities enough time for liberty—is a sobering duty and students rise to the challenge by lasting solutions to emerge and take hold?” working extremely hard,” says Jane Johnson. “It’s different when Still, he can take a measure of comfort in the here and now. the end result of a course isn’t a grade on your transcript, but “The Environmental Law Clinic has an impact even broader the difference in a person’s life.” AL2009 FALL

JUVENILE LAW CLINIC 1st row (l to r): C. Balmori, UAELAWYER TULANE P. Guzman, A. Moore, J. Hillman, C. Cooper. 2nd row: W. Musgrove, M. Leung, A. Glaser, D. Gibson, J. Daniels, David Katner (Professor/Director)

33 ALMAMATTERS

1 9 7 5 Sanford “Sandy” Teplitzky, an attorney with Ober Kaler, was selected by his peers CLASSNOTES for inclusion in the 2010 edition of Best Lawyers in America (Healthcare Law). The Honorable Gene Thibodeaux, chief judge of the Third Circuit Court of Appeal, is a recipient of the Thurgood Marshall Award from the Judicial Council of the 1 9 6 4 1 9 7 0 National Bar Association. The award was Bob Bennett, a hotelier for the past 22 Dewet W. Corley has been elected to the presented at the Judicial Council’s annual years, is a vice president of Southern Inn- LSU Shreveport 2009–10 board of direc- award luncheon in San Diego. The Thurgood keepers Association, the oldest hospitality tors. Corley has served on the board of Marshall Award is given to a judge who has organization in America. He is the current directors of the Biomedical Research demonstrated a recognition of civil rights president of the Mississippi Hotel and Foundation of Northwest Louisiana, Holy issues and a personal commitment to the Lodging Association. Bennett and his wife, Angels Residential Facility, LSU Health advancement of those issues and who ser- Missy, own and operate the Edgewater Inn Sciences Foundation, and the Greater ves as a role model for lawyers and judges. in Biloxi. Shreveport Chamber of Commerce. Thomas R. Trotter, an Don Jones, two-term president of attorney with Vorys, 1 9 6 5 Hillwood Country Club in Princeton, Ky., Sater, Seymour and Pease Enoch Overby of has been named one of the top 21 Private LLP, recently was selected Calhoun, Ga., was Club Presidents for 2008 by BoardRoom for inclusion in Best Law- recently awarded an Magazine, the official publication of the yers in America 2010 Amicus Curiae (“friend Association of Private Clubs and Directors. (Municipal Finance). of the court”) certificate The award recognizes the world’s top pri- by the Supreme Court vate club presidents for their outstanding 1 9 7 6 of Georgia—one of the work. Jones was featured in the July/ Yvette Kane, a federal judge of the U.S. highest honors given by August edition of the magazine. District Court in Pennsylvania, was honored the state’s Court. Signed to deliver a spring commencement address by all seven justices, the certificate recog- 1 9 7 1 at Nicholls State University. Born in nizes Overby’s outstanding service to the W. Paul Andersson, senior and founding Donaldsonville, La., Kane received a soci- state’s judicial system, his constant concern partner of Leake & Andersson, LLP, was ology degree from Nicholls State (’73), for justice for his fellow man, and his loyal- listed among 2008 “Top Lawyers” by before graduating from Tulane Law School. ty to the aims and aspirations of our court American Lawyer magazine. He has been In 1998, President Bill Clinton nominated system. Overby was honored by the state included in Best Lawyers in America 2010 Kane to a U.S. district court seat, and she bar of Georgia on his last day as chairman (10) and was named in 2009 by Super has served as chief judge since 2006. of the Georgia Supreme Court’s Board to Lawyers magazine in Louisiana. New Determine Fitness of Bar Applicants. He Rose McCabe LeBreton recently was hon- Orleans CityBusiness listed Andersson as recently retired after 11 years of service. ored as one of the best real estate attorneys one of 50 New Orleans-area attorneys in its in Louisiana by Best Lawyers in America 1 9 6 6 2009 “Leadership in Law” awards. and Super Lawyers. LeBreton, who has been serving as the current president of Russ M. Herman was 1 9 7 4 New Orleans Commercial Real Estate elected by his peers for James L. Ellis, an attorney with Taylor Women, also was recognized by New inclusion in the 2010 Porter in Baton Rouge, was listed in Best Orleans CityBusiness as one of 50 nomi- edition of Best Lawyers Lawyers in America 2010 (Energy Law). nees for 2009 Women of the Year. LeBreton in America (Appellate has been instrumental in reviving the New Law, Maritime Law, Keith M. Pyburn, Jr., Regional Managing Orleans alumni chapter of Tulane Law Mass Tort Litigation Partner of Fisher & Phillips LLP (New School through creating a series of ongoing and Personal Injury Orleans), has been selected by his peers for events to reacquaint local alumni with their Litigation) (25). inclusion in Best Lawyers in America 2010 school and their peers to strengthen the law (Labor and Employment Law) (10). school community support of the university, 1 9 6 9 Cynthia R. Shoss is in her 28th year at and increase hiring of Tulane graduates so Michael M. Fleishman, an attorney with Dewey & LeBoeuf (and its pre-merger that talent stays in the city. Greenebaum Doll & McDonald PLLC, firms), where she specializes in insurance Dr. Sathit Limpongpan is the new FALL 2009 recently was selected for inclusion in Best regulatory work, principally in M&A and Permanent Secretary for Finance, Thailand. Lawyers in America 2010 (Corporate Law; restructurings. She is listed in Best Lawyers He succeeds Suparut Kawatkul, who was Real Estate Law) (25). in America, New York Super Lawyers and recently found guilty of malfeasance by Chambers USA Leading Business Lawyers. Frank E. Lamothe, III, of the Lamothe Law Thailand’s National Anti-Corruption Firm (Covington, La.), has been included in Commission (NACC). Best Lawyers in America 2010 (25). TULANE LAWYER 34 1 9 7 8 ALUMNUS James “Jay” Lapeyre Jr., president, The Laitram Corp., Harahan, was listed in 1012: STEALSTHE Business News from Louisiana’s Creative Corridor as one of the region’s great SHOW “movers and shakers.” Head of a manufac- turing company that employs more than 1,000 workers, Lapeyre is the immediate n June, the stage version of author past chairman of the Business Council of New Orleans and the River Region and and screenwriter Robert Harling is involved in a host of area business and IIII’s (L ’77) movie sensation Steel civic organizations. He has led numerous Magnolias went on tour in Australia. business-recruitment efforts and played a leading role in New Orleans’ recovery from The heartwarming tribute ran in Hurricane Katrina, leading efforts to reform Sydney from June 5 to 28, 2009, the city’s property tax assessment system. followed by a 23-week Australian tour. 1 9 7 9 With more than 150 performances “MAGNOLIASAREVERYDELICATE Patrick Johnson Jr. of Lemle & Kelleher, scheduled, the show played in 30 FLOWERS,BUTLIKESOUTHERN venues and covered 30,000 kilometers, L.L.P. (New Orleans) was noted as ‘recom- WOMEN,IFYOULOOKCLOSELY, mended attorney’ in the Legal 500 United traveling to cities including Adelaide, States 2009 edition. According to the Ballarat, Brisbane, Darwin, Melbourne, YOU’LLSEETHEY’REMADEOF profile in Legal 500 United States, Johnson “is widely experienced in creditor and Launceston, Rockhampton, Tamworth MUCHSTRONGERSTUFF.” debtor rights and is frequently involved and Wagga Wagga. in litigation.” Harling, who shortly before gradu- 1 9 8 0 ating from Tulane law decided to pursue acting instead of law, wrote the play in rough- Ashley Belleau, a partner ly 10 days, triggered by the personal account of his sister Susan Harling’s death from in the New Orleans office complications due to type 1 (juvenile) diabetes. In 2008, the Louisiana Legislature of Montgomery, Barnett, proclaimed October 7 as the annual Susan Harling Robinson/ Steel Magnolias Day to LLP, has been elected president-elect of the annually remember the alum’s sister and the plight of all people living with diabetes. Federal Bar Association, In March of 2005, Playbill’s Kenneth Jones had a brief encounter with Harling. a national organization Asked whether law school helped organize his thoughts in a way that helped him be headquartered in the Washington, D.C., area. Belleau was sworn in at the associa- a dramatist, Harling responded, “They teach you, especially in your court classes, to tion’s annual meeting and convention in organize your arguments for the best Oklahoma City on Sept. 12, 2009. • Harling worked his way through law possible effect and impact. In a way, CaSandra Cooper Gates has been pro- school at Tulane University by you’re doing a one-man show in front moted to the position of senior vice presi- of jury. You are trying to do something dent for administration at the Louisiana singing with a big band, Jubilation, Offshore Oil Port. She has worked for 28 and acting in local theater. for a desired effect. You are trying to years in senior management posts at LOOP, • The last running performance of the convey ideas…it’s still all structure the nation’s only deepwater oil port capable play in Australia was in 1988. Nicole and that is really drilled into you of directly receiving supertankers offload- in law school.” ing crude oil cargoes. Kidman starred. • Harling adapted Steel Magnolias into Raised in Natchitoches, La., 1 9 8 1 a screenplay that became the 1989 the southerner says the title Steel Tom Gooding recently became chairman critically acclaimed film starring Julia Magnolias stems from a phrase he of the board of trustees of Valwood School. has heard all his life. “At one point Valwood is an independent college pre- Roberts, Sally Field, Dolly Parton, paratory school in Valdosta, Ga. His Daryl Hannah, Olympia Dukakis and or another, all Southern men are 2009 FALL wife, Mary, was recently appointed to Shirley MacLaine. pressed into service and sent out to the Valdosta–Lowndes County Industrial • He made his film directorial debut in the garden to gather magnolias for Authority. Gooding is a partner with Elliott, LAWYER TULANE Blackburn, Barnes & Gooding (Valdosta). 1996 with The Evening Star (sequel to use as decorations,” he explains. “Magnolias are very delicate flowers, 1 9 8 2 hit Terms of Endearment) and also wrote the screenplay for the film, but like Southern women, if you look Beverly Godbey, a partner in the Dallas closely, you’ll see they’re made of office of Gardere Wynne Sewell LLP, has First Wives Club. been appointed to the Texas Access to much stronger stuff.” 35 ALMAMATTERS

Justice Commission. Godbey, a prominent litigator and a member of Gardere’s trial practice group, is best known for her expertise in insurance litigation. The Texas Access to Justice Commission was created in 2001 by the Texas Supreme Court to provide statewide leadership to improve the quantity and quality of legal services to low-income and poor Texans. Godbey’s term on the commission began June 1. Morey Raiskin, an attorney with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., is listed in Best Lawyers in America 2009 (Labor and Employment Law). 1 9 8 4 M. Miller Baker is a partner in the Washington, D.C., office of McDermott Will & Emery LLP. Miller co-heads McDermott’sAppellate Practice Group, and WALTER J. LEGERJ R. RECEIVES is rated by Chambers USA 2009 as a lead- ing appellate lawyer at the national level. NOBA’S PRESIDENT S’ AWARD On May 7, 2009, the Am Law Litigation Daily named Miller as “Litigator of the Week” for his 6–3 U.S. Supreme Court win alter J. Leger Jr. (L ’76), a senior partner at Leger & Shaw, was in Arthur Andersen LLP v. Carlisle, which effectively overturned a D.C. Circuit deci- awarded the New Orleans Bar Association’s 2009 Presidents’ Award sion written by then-Judge John Roberts. at a reception held in his honor on July 30, 2009. The award recognizes W Jon Schuyler Brooks, a litigation partner attorneys who have dedicated themselves and Environmental Practice Group co-chair to community service in the exercise at Phillips Nizer LLP, argued a case before “WHENOURECONOMYSTALLED of the highest ideals of citizenship. It the Delaware Supreme Court in July. The Court adopted his arguments on each of the TOAHALTANDOURFAMILIES is the most acclaimed recognition from four first-impression questions of Delaware DISPERSE D, WEPULLEDAS the association. escheatment law that had been certified to Leger is an active member of the court by the Southern District. ONE,ALLOFUSTOGETHER.” the community and currently serves Leonard A. Davis was selected by his peers as treasurer of the New Orleans Bar for inclusion in the 2010 edition of Best Lawyers in America (Commercial Litigation). Association, co-chairman of the Louisiana Recovery Authority, and chairman of the St. Bernard Economic Development Commission. His career has spanned over 30 1 9 8 5 years representing individuals, businesses, port authorities, towing companies, barge Darrell Cartwright was recently named owners, shipyards, ship pilots, officers and crew. He has served as chairman of the one of Birmingham’s “Top Attorneys” by Birmingham Magazine. He was the only St. Bernard Chamber of Commerce five times in the past 15 years and is a past attorney selected in the group engaged in a chairman of the board of the New Orleans Regional Chamber of Commerce, co- solo practice. “I am humbled by the news,” chairman of the Metrovision Regional Economic Development Partnership, and Cartwright said when he learned of his a member of the Executive Committee of GNO, Inc. and the Southeast Louisiana selection. “My practice focuses on so many different areas of tax, estate and business Business Council Coalition. law as a solo practitioner that it is truly an As Leger received the Presidents’ Award, he said, “After nearly four years of honor to be recognized by my peers.” disbelief, determination, hard work, and faith, we reflect on an event still incompre- Susan Pace Hamill, a professor of law hensible in scope. We have questioned our government, our faith, our neighbors, and at the University of Alabama since 1994, our lives. When our economy stalled to a halt and our families dispersed, we pulled teaching in the areas of tax law, business FALL 2009 organizations and ethics, has published as one, all of us together. This was the test of all our lifetimes, and we have passed. two new articles: “The Vast Injustice Our destiny, our legacy is what we have done and what we do.” Perpetuated by State and Local Tax Policy” It should come as no surprise that earlier this year, Leger also was listed in (Volume 37 Hofstra Law Review, 2008), and “An Argument for Providing Drug 1012: Business News from Louisiana’s Creative Corridor as one of the region’s Courts in All Alabama Counties Based

TULANE LAWYER great “movers and shakers.” 36 on Judeo-Christian Ethics” (Volume 59 1 9 9 0 still carry with them the Tulane marque, Alabama Law Review, 2008). Monica Frois has been endorsed on their professional lives, like a rare provenance,” says Eisenberg. “I hope R. Keith Jarrett has been named co-section head of my own children and their children have elected managing partner McGlinchey Stafford’s the fortune of studying at a university equal of Liskow & Lewis. health care section. Frois in caliber to the Tulane I knew.” Eisenberg Jarrett joined the firm in represents hospitals, serves as Chairman of the Immigration & 1985 and has built his physicians, nursing homes Nationality Committee of the International practice in the areas of and numerous other Bar Association, the world’s largest associa- energy and maritime liti- healthcare providers on tion of lawyers. gation. Prior to joining operational issues, transactional issues and Liskow & Lewis, Jarrett clerked for Judge a wide variety of litigation. She is listed in Steven M. Stastny, a well-known Alvin E. Rubin of the federal Fifth Circuit Best Lawyers in America (Healthcare Law Birmingham employment litigator, has Court of Appeals. and Medical Malpractice) and is A/V rated joined Jackson Lewis LLP. He previously by Martindale-Hubbell. Frois is a resident served as managing partner of Ford & Jennifer S. Smart, an attorney with in the firm’s New Orleans office. Harrison LLP (Birmingham) and has exten- Greenebaum Doll & McDonald PLLC, sive experience in all types of class and was recently selected for inclusion in Best Stanley A. Millan, S.J.D., protected conduct discrimination, retalia- Lawyers in America 2010 (Tax Law). an attorney with Jones Walker, has received the tion and harassment lawsuits. An AV-rated U.S. Green Building attorney, Stastny’s significant litigation 1 9 8 6 experience has focused on multi-plaintiff, Regina M. Hurley has joined Verrill Dana, Council Leadership in Energy and Environmen- collective and class-action suits for clients LLP, as counsel to the Private Clients Depart- in the manufacturing, retail, healthcare ment (Boston). Hurley specializes in all tal Design Accredited Professional (LEED®AP) and automotive dealership sectors. His aspects of domestic law, including divorce, expertise extends to the area of occupation- custody, removal, international parental certification. Several thousand architects and building profes- al safety and health, which impacts certain abduction and non-traditional family law Americans with Disabilities Act and work- matters. Prior to joining Verrill Dana, Hurley sionals are LEED-accredited, yet few attor- neys have earned this credential; Dr. Millan ers’ compensation retaliatory discharge chaired the Family Law Group of Deutsch, suits. Aside from litigation, Stastny enjoys Williams, Brooks, DeRensis & Holland, P.C. is one of the few LEED AP-credentialed attorneys in Louisiana. Dr. Millan’s practice spending time with his wife, Lauren, and Tony Stiegler, a partner at includes air, water, and waste regulation, two sons, John Michael, 7, and Ross, 4. Cooley Godward Kronish, including compliance counseling and LLP, has been named pres- defense before the U.S. Environmental 1 9 9 3 ident-elect of the Legal Protection Agency (EPA), the Louisiana Jonathan Gottsegen was named senior vice Aid Society of San Diego, Department of Environmental Quality president, general counsel and corporate where he will serve a two- (LDEQ), and courts. His practice also secretary of United Rentals, Inc., the largest year term and then serve includes endangered species and wetland equipment rental company in the world. as president for an addi- regulation, dealing with the EPA, the U.S. Gottsegen has returned to greater New York tional two-year term. Stiegler is also the Army Corps of Engineers, the LDEQ, the following five years in Atlanta as chief co-chairman of Cooley’s nationwide pro Louisiana Department of Natural Resources securities counsel for The Home Depot, bono practice and has been named one (LDNR), and the U.S. Fish and Wildlife Inc. He currently resides in Larchmont. of America’s “Best Lawyers” since 2006 Service. His government contracts work Brian D. Rauer, executive director, Better (intellectual property litigation and com- covers small business issues, bid protests, Business Bureau, Mid-Hudson, New York mercial litigation) and a Southern Califor- contract dispute claims, and negotiations of State region, and general counsel, Better nia “Super Lawyer” (trial). equitable adjustments. Dr. Millan also Business Bureau, Metropolitan New York, teaches environmental law and government has been inducted into the New York 1 9 8 8 contracts law at both Tulane Law School County Lawyers’ Association. Patricia Bazán Garrubbo has co-founded and Loyola University New Orleans the natural skincare company, Terralina™. College of Law. Gregory S. Umberson, MD, has joined the Before launching Terralina, Garrubo had Chicago-based intellectual property bou- a dynamic career in the arts as the owner 1 9 9 1 tique firm Hallihan IP Partners. Previously, and director of Garrubbo Bazán Gallery, David Bates has been Umberson was with Ericsson, where he where she dealt with contemporary works named to the 2010 edition worked on both patent and trademark issues involving the U.S. and other countries. of art. Prior to this, she practiced law in of Best Lawyers in 2009 FALL New Orleans. America (Technology David M. Valin has been selected as the Law). Bates is a sharehold- branch office “Defender of the Year, 2009” 1 9 8 9 er with Gunster, Attorneys for Suwannee, Hamilton, and Lafayette UAELAWYER TULANE Andrew R. Lee, a partner in Jones Walker’s at Law (West Palm Beach). counties, Florida. He has been employed by business and commercial litigation practice Gary S. Eisenberg, a Cape Town-based C. Dennis Roberts, Public Defender, Third group, recently was honored for his pro immigration lawyer, says his professional Judicial Circuit, since 1993.Valin is also a bono work in connection with service as life as an attorney in South Africa is dedicated family man, married to Rowna appointed counsel in capital post-conviction enriched by his sojourn at Tulane. “I know McLeod Valin, who is a speech teacher in proceedings. that many of my classmates from abroad Columbia County. They are the proud 37 ALMAMATTERS

parents of two children, Skye and Cade, who attend school in Branford. Roderick K. “Rod” West has been elected to the board of trustees at Notre Dame. West has been president and CEO of the electric and gas utility company Entergy New Orleans Inc. since 2007, after serving in a variety of senior management positions with the firm for the previous eight years. A past president of the Notre Dame Alumni O’NEILLUPS Association Board of Directors—and a member of the university’s board during his FIGHTFOR term (1995 to 1997)—he is chairman of the Louisiana State University System Board WOMEN’SRIGHTS of Supervisors. Earlier this year, West also was listed in 1012: Business News from Louisiana’s Creative Corridor as one of the region’s great “movers and shakers.” erry O’Neill, an activist from Montgomery County, was elected in June to a four-year term as president of the National Organization for Women 1 9 9 5 (NOW), the largest grass-roots feminist organization in the country. The Scott Arceneaux has been appointed T Florida Democratic Party executive direc- 1980 Tulane law graduate and former law professor won the group’s top job by tor. Arceneaux was political director for just eight votes in the Indianapolis election. In her new position, O’Neill over- Chris Dodd’s 2008 presidential campaign. sees NOW’s multi-issue agenda, Prior to that, he was campaign manager for which includes: advancing Douglas Duncan, who ran in the Democratic “WOMENAREFEDUPWITH primary for governor of Maryland in 2006, reproductive freedom, promot- but withdrew, citing medical reasons. PERSISTENTINEQUALITYAND ing diversity and ending racism, Andrew J. Baumann, AREREADYFORCHANGE.IAM stopping violence against Shareholder at Lewis, women, winning lesbian rights, Longman & Walker, P.A., HONOREDANDEAGERTOLEAD ensuring economic justice, has recently been elected NOW INMAKINGTHATCHANG E.” to the Board of ending sex discrimination and Governors for Leader- achieving constitutional equality ship Palm Beach County. for women. O’Neill is also presi- He is a graduate of Leadership Palm Beach dent of the NOW Foundation and chair of the NOW Political Action Committees, County’s class of 2009. Baumann’s practice and serves as the principal spokesperson for all three entities. focuses on environmental and land use law O’Neill has served as president of Louisiana NOW and New Orleans and litigation. NOW and as a member of the National Racial Diversity Committee. She is a Eduardo S. Espinosa was elected a part- past president of Maryland NOW and served on the NOW national board twice, ner by K&L Gates, LLP. Mr. Espinosa is a member of K&L Gates’ Corporate practice representing the Mid-South Region (2000–2001) and the Mid-Atlantic Region group (Dallas). His practice focuses on (2007–2009). O’Neill was NOW’s membership vice president from 2001 to 2005, mergers and acquisitions, securities offer- when she oversaw NOW’s membership development program as well as finances ings and general commercial transactions. and government relations. A former enforcement attorney for the U.S. Securities and Exchange Commission, “NOW is the organization that fights for the rights of all women no matter Espinosa also represents market partici- the circumstances of their birth, their race or sexual orientation, no matter if they pants in various enforcement proceedings live in poverty or are trying to escape violence,” O’Neill stated on the organiza- with the SEC, state securities agencies and FINRA. Internationally, he advises tion’s website. “Women are fed up with persistent inequality and are ready for foreign and domestic entities on cross-bor- change. I am honored and eager to lead NOW in making that change.” der commercial transactions and foreign FALL 2009 In addition to graduating magna cum laude from Tulane law, O’Neill holds investments. a bachelor’s degree in French with distinction from Northwestern University. She Karen Carter Peterson, a member of has one child, a daughter who she says is a proud feminist. the Louisiana House of Representatives, was listed in 1012: Business News from Louisiana’s Creative Corridor as one of the region’s great “movers and shakers.” TULANE LAWYER 38 U.S. Army lawyer Capt. Gretchen Davenport, of LaQuincy, La., organized possibly the first meeting between judges of Iraq’s northern provinces since the regime change in 2003. Davenport said she hoped the Representing the 93rd District since 1999, conference, which was held on a secure, hilltop retreat, Peterson has been Speaker Pro Tempore of would help the judges begin a professional dialogue. the House since 2008. Her legislative dis- trict encompasses the heart of New Orleans, including the French Quarter, the Central Business District and the Port of New CAPT.DAVENPORT Orleans. As such, Peterson plays a key role in guiding state policies and legislation that SPEARHEADS affect New Orleans. PROGRESS 1 9 9 7 Ali Abazari (LLM), an attorney with Jackson Walker L.L.P., was named a .S. Army lawyer Captain Gretchen Davenport (L ’03), of LaQuincy, La., “Rising Star” by Texas Monthly magazine. organized possibly the first meeting between judges of Iraq’s northern provinces Abazari represents clients in a wide variety of environmental matters, including solid Usince the regime change in 2003. In early August, the Iraqi judges met face-to- waste; remediation; surface mining; and face on a secure hilltop site in Kurdistan to discuss issues concerning the judicial system. industrial wastewater permitting and A goal of the conference would be to establish an ongoing professional dialogue. compliance counseling. The idea came to Davenport during a local meeting of judges in Salah-a-Din. “When Tracey Jenell Knuckles has married we realized those judges had never met before, we began realizing that judges across the Christopher Leslie White in Manhattan. Knuckles is the general counsel for the North probably didn’t know each other either,” she stated, explaining that change was the New York City Department of Cultural primary reason the judges needed the opportunity to speak personally, ask hard questions, Affairs. Her husband is a director in loan and decide the direction of the judicial system—a process she says is integral to the health portfolio management at Merrill Lynch/ and validity of the legal system. Bank of America in Manhattan. He is also an adjunct lecturer on public administration “In the U.S., groups like the American Bar Association meet yearly to share informa- at NYU’s Robert F. Wagner School of tion and learn from each other. It helps professionalize what you do when you can gain Public Service. another perspective.” David J. Nagel is a partner of Feldmann, Davenport said the Iraqi court system is based on a model much like judicial systems Nagel & Associates, LLC with offices in in France and Egypt where police and investigative judges assemble evidence and hear Denver, Steamboat Springs, Vail/Avon and Las Vegas. Nagel practices in the areas of witness testimony. Trial judges then review the corporate transactions, real estate, con- cases, announce verdicts, and hand down sen- struction law, commercial litigation, subdi- tences. Though no jury is involved, Davenport “THEBOTTOMLINEHERE vision development and homeowners’ asso- ciation law. He, his wife Aimee, and their said the model is based solidly on the rule of ISTHATTHESYSTEMNEEDS children Austin, 13, and Peyton, 8, reside law. She feels the judges need more solid foren- TOBEFREEOFINFLUENC E. in Steamboat Springs, Colo. sic evidence on which to base their decisions. Teresita Chavez Pedrosa has been elected “They rely heavily on confessions and TOREALLYBEJUST,YOU to partnership in the international law firm witness statements,” said Davenport, adding the HAVETOBEIMPARTIAL.” of Adorno & Yoss. She is an associate in the firm’s Miami office and a member of Iraqi police are just beginning to receive training the firm’s litigation department. Her pri- in forensics after nearly 30 years of economic mary areas of practice include toxic tort, sanctions that have slowed technological advances in forensics, communications and law pharmaceutical and premise liability. associations. Salah-a-Din judges have already been using a forensics lab where U.S. forces David W. Porteous has joined Ulmer & both process evidence and train Iraqi Police in basic techniques. Iraq only has two facili- Berne LLP’s Litigation Department as a partner (Chicago). Prior to joining Ulmer ties and they are not conveniently located for all courts. & Berne, Porteous was a partner with However, despite current difficulties, the provincial judge of Salah-a-Din said the Levenfeld Pearlstein, LLC. He has success- Iraqi system is “very well known in the law community and very solid in general.” He fully litigated a wide range of complex 2009 FALL commercial matters in federal and state said the most difficult time in his career was before the 2003 liberation when Saddam’s courts pertaining to hedge fund gover- administration called the shots. Now there is very little interference in judicial processes. nance, redemption and lockup provisions, Davenport said that judges are able to work more freely in post-Saddam Iraq, and LAWYER TULANE partnership disputes, and employment both see a positive future as long as they continue to work together across cultural and disputes. Porteous also regularly counsels clients regarding compliance and risk political boundaries. management practices and procedures. “My hope,” said Davenport, “is that they will stay involved with the system and continue to make it successful, that they will be able to adjudicate cases free from intimi- dation from outside sources. The bottom line here is that the system needs to be free of influence. To really be just, you have to be impartial.” 39 ALMAMATTERS

Katie Mahoney Wolf has three children: HUMANRIGHTSWATCH Sam, Ethan and Lyla. ANDAMNESTYINTERNATIONAL 1 9 9 9 CALLFORALUM’SRELEASE Runako Kumbula Allsopp has been appointed deputy general counsel to Washington, D.C., Mayor Adrian Fenty. In this position, she provides advice on legal, e Cong Dinh (LLM ’00), a prominent pro-democ- policy and ethical issues. As part of her racy lawyer, human rights advocate, and writer, new role, Allsopp served as chair of the attracted national and international attention last Legal Affairs Subcommittee for the 2009 L Presidential Inaugural Committee for the June when Vietnam’s Ministry of Public Security police District of Columbia. Prior to joining the arrested him for violating Article 88 of the Vietnamese Mayor’s Executive Office, she worked as a criminal code, which bans the distri- Special Assistant United States Attorney and as an Assistant Attorney General for bution of anti-state propaganda. the District of Columbia, prosecuting gov- Three days following his arrest, ernment fraud and corruption cases. on June 16, Human Rights Watch On a personal note, Allsopp married criticized the Vietnamese government calling for the Roderic H.P.Allsopp of Toronto, Canada, on Aug. 9, 2008, in Washington, D.C. immediate release of Dinh. Tulane Law alumni Monica Elliott (L ’99), Elaine Pearson, deputy Asia director at Human Jeffrey Lawson (L ’99), Tasha Thomas Rights Watch, said the arrest “tells other lawyers and human rights (L ’99) and Tyrone Thomas (L ’01) were in attendance. defenders just what they can expect if they dare to speak out. Lawyers, like all citizens, have the right to exercise free speech and peacefully express Caroline Bernard has joined the Martin Law Firm as an attorney. Most recently she their views.” was employed by Motley Rice practicing In an article from GlobalVoices, Amnesty International also condemned civil litigation. She will primarily be prac- the Vietnamese government for stifling freedom of expression stating, ticing in the areas of criminal, domestic and civil litigation. “The arrest appears to be yet another indication of Whitney King Fogerty has joined Jackson “TALKINGABOUTDEMOCRACY Lewis LLP as of counsel. Fogerty was pre- Vietnam’s determination to viously a shareholder at Ogletree, Deakins, ANDHUMANRIGHTSCANNOTBE stifle freedom of expression Nash, Smoak & Stewart PC, where she spe- and silence anyone who cialized in labor and employment litigation. SEENASANTI-GOVERNMENT She has practiced law for 10 years and has criticizes the government or been named among Chambers USA’s Lead- UNLESSTHEGOVERNMENTITSELF holds different views.” ing Lawyers for Business the past two years. ISAGAINSTDEMOCRAC Y. ” According to Amnesty She represents clients in a variety of indus- tries in federal and state courts, as well as International, at least 30 in proceedings before the Equal Employ- dissidents have been sen- ment Opportunity Commission, U.S. tenced to long prison terms since 2006 for being involved with pro-democ- Department of Labor, the National Labor racy activities and human rights issues. Relations Board, and various state agencies. Dinh is the former vice president of the Ho Chi Minh City Bar Megan Guy has been named a 2009 Women of the Year by New Orleans Association and a managing partner of DC Law, a renowned private law CityBusiness. For the past 11 years, the firm in Ho Chi Minh City. He is best known for his defense of Vietnamese publication has recognized 50 women bloggers, human rights defenders, and democracy and labor rights activists whose successes in business and contribu- such as Nguyen Van Dai, Le Chi Cong Nhan, and Nguyen Hong Hai. tions to the community have set the pace for the region’s future. During his defense of democracy activists Dai and Nhan at their appeals Jason Lamb recently was selected as the court trial in 2007, Dinh said, “Talking about democracy and human rights FALL 2009 executive director of the Missouri Office of cannot be seen as anti-government unless the government itself is against Prosecution Services effective July 1, 2009. democracy.” The state agency is an autonomous entity After studying law at Hanoi Law School and Saigon University, Dinh within the attorney general’s office, and is responsible for providing training, received a Fulbright scholarship to study at Tulane where he received a coordination, resources and assistance to

TULANE LAWYER master of law degree in 2000. Missouri’s prosecutors. Lamb previously 40 had served as the elected prosecuting attor- of Commerce as their “Volunteer of the Race in Brazil and the United States,” will ney for Audrain County, Mo., for more than Year.” She was named by Law and Politics be published in volume 14 of the Michigan six years. Lamb and his wife, Vanessa, have Media, Inc. as a “Rising Star” in real estate Journal of Race & Law. one son, Jackson. in 2004 and 2005, as published in Texas Gretchen N. Scardino, an attorney with Monthly magazine. Since 2007, she also Thompson & Knight LLP (Austin), was has served on the board of directors for the 2 0 0 0 selected for inclusion in Texas Rising Stars Arthritis Foundation South Texas Region. Gustav F. Bahn is a member of Alston 2009 (Trial). & Bird’s financial services and products Ali Yenal has joined the international law Mark Thomas has joined Gori Julian & group and focuses his practice on securities firm of Nixon Peabody LLP as a senior Associates P.C. His experience includes offerings and regulation, public and private associate in the global finance practice criminal misdemeanor cases and traffic mergers and acquisitions, and joint venture (New York City). Yenal joins the firm from offenses, condominium and homeowners’ and private equity transactions (Atlanta). McKee Nelson where he was an associate. association law, and personal injury claims Montré D. Carodine is an associate pro- and personal property liens. fessor of law at the University of Alabama 2 0 0 1 School of Law. Her article entitled, “The Chantel D. Walker has joined Golden Laura Vogel recently moved from her pre- Mis-Characterization of the Negro: A Race Silver (Las Vegas) and will develop and vious firm of Sterne, Kessler, Goldstein Critique of the Prior Conviction Impeach- lead its newly established Labor and and Fox, PLLC (Washington, D.C.) to ment Rule,” has been published in volume Employment Practice Group. Walker has Duane Morris LLP (Boston), where she 84 of the Indiana Law Journal (2009). extensive experience representing employ- is an associate in the Intellectual Property ers in litigation, arbitration, administrative and Trial groups. Vogel focuses on Hatch- Elizabeth Harper Emmett has joined the proceedings and collective bargaining. Waxman litigation. She also married newly opened New Orleans office of Ogle- Additionally, she has authored several arti- Vincent Capuano, PhD in New Castle, tree Deakins as of counsel. Emmett’s prac- cles, including “Arbitration and Major N.H., this May. tice focuses on employment litigation and League Baseball.” providing advice to employers. She and her husband, Robert Emmett (L ’95), are the proud parents of John-William, age 1. 2 0 0 2 INMEMORIAM Illinois State Treasurer Alexi Giannoulias Jarret Hale has been promoted to partner- was honored as an Outstanding Young Noel Joseph Cipriano (’46) ship in Hunton & Williams (Dallas). A Person of Illinois at an awards banquet in June 29, 2009 partner in the bankruptcy, restructuring and May. He was nominated for his excellence Biloxi, Miss. creditors’ rights practice, Hale will focus in government service, philanthropic con- David C. Treen (’50) on bankruptcy law, consumer protection tribution, academic and athletic accom- October 29, 2009 class action litigation, corporate reorganiza- plishments. In addition to being the New Orleans, La. tions, commercial workouts, and fair debt youngest state treasurer in the nation when Sanford Berger (’57) collection practices. elected to the post at age 30 in November May 7, 2009 2006, Giannoulias finds himself in the Natalie Holder-Winfield has been recog- Rivervale, N.J. nized by Fairfield County, Conn., as one spotlight as a great personal friend of Eugene G. Taggart (’59) of 2009’s “40 Under 40.” The award cites President Barack Obama. Holder-Winfield’s “extraordinary leader- August 1, 2009 Monique R. Gougisha has joined the labor Atlanta, Ga. ship qualities, ongoing commitment to per- and employment law practice group of sonal and professional development, and Ogletree, Deakins as an associate. Gougisha, Angela Roddey Holder (’60) outstanding accomplishments.” Holder- who represents management clients in fed- April 22, 2009 Winfield’s book, Recruiting and Retaining eral and state court employment litigation, Durham, N.C. a Diverse Workforce: New Rules for a New and in proceedings before various state Kelly E. Miller (’61) Generation, was recently reviewed by The and federal administrative bodies, will May 12, 2009 Employment Law Post. work out of the firm’s New Orleans office. Richmond, Va. She is also a frequent speaker on employ- Debra Hymel Levy Richmond Minor Eustis (’70) has been named Partner- ment law topics, and a contributing author to publications such as the Louisiana Bar May 30, 2009 in-Charge of Brown New Orleans, La. McCarroll, LLP (Houston). Journal and HR Magazine. Previously, She also has been appoint- Gougisha was an associate at Kiesewetter Kerri Michael Massari (’73) ed to Brown McCarroll’s Wise Kaplan Prather. July 31, 2009 Lafayette, La. 2009 FALL firm-wide management Doris Wendy Greene is in her second committee. Levy’s prac- year of teaching at Cumberland School of Thomas J. Cooper (’74) tice focuses on real estate development, Law/Samford University, and has just been February 27, 2009 leasing, and the acquisition, disposition, awarded the Lightfoot, Franklin & White Cambridge, Mass. LAWYER TULANE construction and financing of real estate Junior Faculty Scholarship Award for “Title Matthew J. Finnell (’79) projects. Levy is a member of Leadership VII: What’s Hair (and Other Race-Based February 21, 2009 Houston’s Class XXVI, recipient of the Characteristics) Got to Do With It?” (79 U. Springfield, Ill. 2007 “President’s Award” from Commercial Colo. L. Rev. 1355 [2008]). Wendy’s second Real Estate Women of Houston, and in article, “Determining the (In)determinable: Christopher J. McGrath (’88) 2006 was honored by the Galleria Chamber August 13, 2009 Houston, Texas 41 ALMAMATTERS

2 0 0 3 Sophie Kennedy Counts and her husband, Travis Counts, are delighted to announce the birth of their daughter, Evelyn Caroline Counts. Evelyn Caroline was born July 14, 2009. Travis is a member of Hinkle Elkouri Law Firm L.L.C. in Wichita, Kan. Julie Skacel Gibson gave birth to Ella Milly Gibson (7 lbs., 14 oz.) on July 15, 2009. Julie is an attorney with Thomson- Reuters, and her husband, Anders Tyler- Cornell Gibson, is an associate with Porter & Hedges LLP. The family resides in Houston, Texas. SHAFFERAPPOINTED LAWLIBRARIANOFCONGRESS

ibrarian of Congress James H. Billington appointed Roberta I. Shaffer (L ’80) to the position of Law Librarian of Congress. In announcing his Lselection, Billington said, “Roberta Shaffer brings to this critical manage- ment position both extraordinary vision and demonstrated leadership skills that will continue the Law Library’s historically exemplary service to Congress and to the public while addressing the challenges of providing legal research and refer- 2 0 0 4 ence services in our rapidly changing and technologically driven world.” Erin Houck-Toll, an attorney at the law Among her more notable past experiences, in 1984, Shaffer became the first firm of Henderson, Franklin, Starnes & person appointed to the position of special assistant to the Law Librarian in the Holt, P.A. (Fort Myers), was named a 2009 Florida Rising Star. Houck-Toll handles Library of Congress. In 1987, Shaffer was named a Fulbright Senior Research many aspects of business and tax planning, Scholar at the Tel Aviv University Faculty of Law in Israel. Her rich and diverse including health care law and mergers and background in academia includes the University of Houston Law Center’s Legal acquisitions. Communications Program, George Washington University National Law Center 2 0 0 5 Library, the School of Library and Information Science at the Catholic University Cashauna Hill, of Wiles Law Group, LLC, of America, the Graduate School of Library and Information Science at the has been elected a new director of the University of Texas at Austin, and the College of Information Studies at the Multnomah Bar Foundation. She practices in the area of insurance defense (construc- University of Maryland in College Park, just to name a few. tion defense litigation). Shaffer returned to the Library of Congress in 2005 as executive director of Inemesit O’Boyle has been elected the the Federal Library and Information Center Committee/Federal Library Network. 2009 president of the Greater New Orleans In this position, she has overseen procurement, provided advocacy and advice on Louis A. Martinet Legal Society. technology, and managed education and training for a federal program servicing Mireya Rivera, formerly with Hodgson more than 1,500 federal information professionals and 130 vendors. Russ, has joined Greenspoon Marder. She Shaffer graduated cum laude from Vassar College with an A.B. degree in concentrates her practice in the areas of commercial litigation and family law. A political science/demography and with highest honors from Emory University member of the Florida bar since 2005, with a master’s degree in law librarianship. Upon graduating cum laude from Rivera served as a staff attorney in the Tulane law, she was admitted to the Texas, District of Columbia, and U.S. 15th Judicial Circuit Court in Palm Beach County (2005–2006). Supreme Court bars. 2 0 0 6

FALL 2009 Founded in 1832, the Law Library’s resources are available to members of Alyssa Carducci Embree has become Congress, the Supreme Court, other branches of the U.S. government and the an associate in the law firm of Crenshaw, Ware & Martin, P.L.C. Embree focuses her global legal community. With more than 2.6 million volumes, the Law Library practice on commercial real estate and contains the world’s largest collection of law books and other resources from all project finance. countries and provides online databases and guides to legal information world- Shomari Wade has joined the law firm of

TULANE LAWYER wide through its website at www.loc.gov/law/. Troutman Sanders LLP as an associate 42 (Washington, D.C.). His practice will con- The following Tulane Law School alums R. Keith Jarrett (’85): Maritime Law centrate on federal and municipal govern- also are listed in the 2010 Best Lawyers Thomas B. Lemann (’53): Non-Profit/ ment contract matters. Before joining in America: Charities Law, Tax Law, Trusts & Estates Troutman, Wade served in the Executive Law (25) MCGLINCHEY STAFFORD Office of the Mayor of the District of Stephen P. Beiser (’84): Labor and Robert B. McNeal (’84): Environmental Columbia for two years. Employment Law Law, Oil & Gas Law Jaye A. Calhoun (’91): Tax Law Joe B. Norman (’78): Commercial 2 0 0 7 Kathleen K. Charvet (’83): Maritime Law Litigation, Energy Law, Oil & Gas Law Brett Buchheit (LLM) is now with the Katherine Conklin (’83): Employee Lawrence P. Simon, Jr. (’72): Natural Mintz Law Firm in Lakewood, Colo. Benefits Law Resources Law, Oil & Gas Law Monica A. Frois (’90): Healthcare Law, John D. Wogan (’66): Banking, Corporate Kara Helmig has been named assistant Law, Trusts and Estates Law (10) athletic director for compliance at the Medical Malpractice Law University of North Dakota. Her appoint- Donna G. Klein (’81): Healthcare Law Additionally, the following attorneys ment began August 21. Helmig will oversee (10)** from Liskow and Lewis have been select- all aspects of compliance, including eligi- Colvin G. Norwood, Jr. (’72): Personal ed for inclusion in the 2009 edition of bility, financial aid, recruiting, amateurism, Injury Litigation, Product Liability Chambers USA: America’s Leading extra benefits and other regulations, includ- Litigation (10) Lawyers for Business: ing monitoring compliance with UND, Susan M. Tyler (’86): Equipment Finance Donald R. Abaunza (’69): General NCAA and conference rules and regula- Law, Real Estate Law Commercial Litigation tions. She will serve on the athletic depart- Kenneth A. Weiss (’75): Elder Law, Non- Robert B. McNeal (’84): Environmental ment’s senior management team. Profit/Charities Law, Tax Law, Trusts and Lawrence P. Simon, Jr. (’72): Energy and Estates (10) Natural Resources: Oil & Gas Norman M. Levendahl has been elected to Constance C. Willems (’77): Commercial John D. Wogan (LLB ’66): Banking and the Sacramento Law Foundation’s Board of Litigation, Communications Law Finance, Corporate: M&A Directors as CFO for 2009–2010. Levedahl Henri Wolbrette III (’74): Personal Injury is an attorney with McDonough Holland Litigation, Product Liability Litigation Best Lawyers in America & Allen. **As of Aug. 1, 2009, Donna Klein is Gen- Since its inception in 1983, Best Lawyers eral Counsel for Peoples Health Network. has become universally regarded as Thomas Patrick O’Connor has married the definitive guide to legal excellence. Elizabeth Courtney McLennan. O’Connor SHER GARNER Because Best Lawyers is based on an is a litigation associate in the Chicago law James Garner (’89): Appellate Law, exhaustive peer-review survey in which firm Winston & Strawn (New York) and his Commercial Litigation, Mass Tort more than 25,000 leading attorneys cast wife teaches sixth-grade social studies and Litigation, Personal Injury Litigation, almost two million votes on the legal abili- English at the Eastern Middle School in Product Liability Litigation, Professional ties of other lawyers in their specialties, and Greenwich. Malpractice Law because lawyers are not required or allowed Avery B. Pardee, an associate in Jones Peter Hilbert (’77): Maritime Law, to pay a fee to be listed, inclusion in Best Walker’s Business & Commercial Personal Injury Litigation Lawyers is considered a singular honor. Litigation Practice Group, recently was Leopold Sher (’76): Alternative Dispute (10) Denotes listed for at least 10 years honored for her pro bono work in connec- Resolution, Equipment Finance Law, Land (20) Denotes listed for at least 20 years tion with service as appointed counsel in Use & Zoning Law, Real Estate Law, (25) Denotes listed for at least 25 years Structured Finance Law capital post-conviction proceedings. Best Lawyers in America for 2010 is LISKOW & LEWIS scheduled to be released this December. 2 0 0 8 Donald R. Abaunza (’69): Maritime Law (20) Chambers USA: America’s Leading Conrad G. Lucas II Lawyers for Business and co-author William Thomas Beron (’97): Oil & Gas Law, Energy Law Each year Chambers and Partners, an inde- Norgard have published pendent research-based company, identifies a book entitled, Europe George Denegre, Jr. (’83): Commercial Litigation a select group of attorneys based on client Beyond Your Means: The and peer recommendations. Paris Edition. The book Joseph C. Giglio, Jr. (’77): Real Estate Law offers tips on lodging, warning travelers to stay away from hostels, which they call “hos- “To err is human; to forgive, divine.” —Alexander Pope tiles,” and giving plenty of advice about what to wear to avoid looking like a typical Every effort has been made to proofread the various Class Notes. If, for any 2009 FALL American tourist. Lucas is spending the reason, you submitted information and it is not included, your name has been year finishing up his doctorate from omitted or misspelled, or there is an error related to your latest news, please Vanderbilt. accept our sincere apology. LAWYER TULANE 2 0 0 9 Please remember this list includes Class Notes received between Feb. 1, 2009, Taryn Brown currently is working at a cor- and July 31, 2009. If we received your information after that date, we will porate law firm in New York. Brown says publish it in our next issue. she eventually hopes to get into the field of sports law. 43 ALMAMATTERS

ALUMNI GATHERINGS 2009

LAW CLASS OF 1959 50th Reunion Saturday, May 16 Galatoire’s

LAW CLASS OF 1979 30th Reunion Saturday, May 2 Galatoire’s

LAW CLASS OF 1994 15th Reunion FALL 2009 Saturday, April 18 Galatoire’s TULANE LAWYER 44 LAW CLASS OF 1949 60th Reunion Wednesday, April 29 Antoine’s

NEWORLEANS ALUMNILUNCHEON Wednesday, April 22 Ritz-Carlton

LAW CLASS OF 1989 20th Reunion Saturday, April 18 Napoleon House

LAW CLASS 2009 FALL OF 1999 10th Reunion UAELAWYER TULANE Saturday, April 18 Restaurant August

45 ALMAMATTERS

COMMENCEMENT 2009

Every commencement is a milestone for the gradu- different from any other. It was, however, a poignant ate. Its pageantry signifies a validation of effort, milestone for the institution. After eight years at the certification of success and, perhaps, the first seri- helm, Lawrence Ponoroff delivered his final com- ous farewell to childhood. In this respect, the 2009 mencement address as dean of Tulane Law School. Tulane law diploma ceremony on May 16 was no His words won’t soon be forgotten.

Holmes Elizabeth Rackleff poses Lawrence Ponoroff presents a gavel to Demelza Galen Matthew Hair, with former for a picture with former Dean Anne Baer, who was honored for her service as Dean Ponoroff. Hair received the FALL 2009 Lawrence Ponoroff, upon receiving Moot Court Chief Justice. General Maurice Hirsch Award, The Louisiana State Bar Association presented annually to the graduating Law Student Pro Bono Award. law student who the faculty feels has contributed most distinctively to university or community needs. TULANE LAWYER

46 As events led up to Tulane University Commencement 2009, parents, grand- parents and other relatives and friends flocked to New Orleans to celebrate their graduates’ success.

CREST AWARD 2 0 0 8–2 0 0 9 A W A R D S LAW STUDENT RECIPIENTS

The Faculty Medal The Student Bar Association The Student Crest Awards, started John Ransdell Guenard President Award in 1998, are a unified campus Melissa Marie Swabacker recognition of the efforts and achieve- The Dean’s Medal ments of students as demonstrated in John Ransdell Guenard The H. Martin Hunley Jr. Award the areas of leadership, scholarship Katherine Rhodes in Health Care Law and community service. Sarah Elise Dobra The Civil Law Studies Award Christopher Louis McArdle John Guenard John Ransdell Guenard James F. Kilroy Provost’s Award Federal Bar Association Award The George Dewey Nelson Eric Adam Naftel Cathy LeBlanc Memorial Award Dean Donald R. Moore Award Lucas Ayers LaVoy The General Maurice Hirsch Award Galen Matthew Hair Lauren Zimmerman The John Minor Wisdom Award Service and Leadership Award Margot Lilly Kramer Want The Louisiana State Bar Association Law Student Pro Bono Award The Tulane Tax Institute Holmes Elizabeth Rackleff Award in Taxation TULANE 34 AWARD Lauren Christine Zimmerman The Brian McSherry LAW STUDENT RECIPIENTS Community Service Award The Tulane 34 Award is presented to The Charles Kohlmeyer Jr. Eric Michael Morley Award in Maritime Law 34 graduates university-wide who have Marc Edward Montgomery The James A. Wysocki distinguished themselves throughout Trial Advocacy Awards their collegiate life at Tulane University. The Edward A. Dodd Jr. Michael Joseph Flynn Students are recognized for their exem- Award in Admiralty Kristen Gresham plary leadership, service, and academic Jonah Maurice Levine excellence. Named for the year in which 2009 FALL The Association for the university was founded, 1834, Tulane The Haber Joseph McCarthy Women Attorneys Award 34 is among the most coveted university Environmental Law Award Catherine Ann Becker honors bestowed upon students. LAWYER TULANE Andrew Lewis Seidel The Felix Frankfurter Justin Van Alstyne The Louisiana State Bar Association Distinguished Teaching Award Demelza Baer Corporate and Business Law Professor Oliver A. Houck Carolyn Depoian Section Award John Guenard Joshua J. Ahn The Monte M. Lemann Galen Hair Distinguished Teaching Award Adjunct Professor Kenneth A. Weiss 47 48 S R E T T A M A M L A TULANE LAWYER FALL 2009 W A D L L S E T I F I F O H E R H T E T N C E I M F P F O O L E V E D W E N a colaeue tityfrtebenefit the for strictly used are school law neteti xelne u fyuwant you if but excellence, in investment hnrmme ocektebxfrthe for box the check to remember then ordnto og othe to go to donation your itt n rga tTln san is Tulane at program any to gift A UAELWFN.Gfst the to Gifts FUND. LAW TULANE n vr itrie u percentage our raises gift every and flwsho aut n students, and faculty school law of ! T U O S U K C E H C T dioyBadadvlnerbooster volunteer and Board Advisory TAF the managed Athletics, Tulane for activities fundraising annual all he oversaw capacity, this In (TAF). Fund Athletics Tulane the of Director as years three for served Harrington Hall, Weinmann in down settling to Prior officer. opment fgvn support. giving of arntna t eetdevel- newest its as Harrington Michael welcome to pleased was School Law Tulane May, his a school law , h tltc ietra h nvriyof University the at director athletics to the assistant graduate a as experience ing fundrais- gained also He efforts. commu- nication electronic and mail direct all ing includ- efforts, giving annual coordinated he where Island, Rhode of University the for Associate Development events. fundraising executed and planned and clubs, rvosy arntnwsAthletics was Harrington Previously, 30 IETN CELEBRATION MILESTONE A FR lnchnr 0yasi h making. the in years 20 honors Clinic L OR OLWDBY FOLLOWED HOURS CLE ls h uaeEvrnetlLaw Environmental Tulane the Plus, TH rnhQatrFs,EvrnetlLwSummit, Law Environmental Fest, Quarter French n uaeLwSho eno Weekend Reunion School Law Tulane and IDA AETEDATE THE SAVE UAELWCLINIC LAW TULANE NIESR WEEKEND ANNIVERSARY http://tulane.edu/alumni ,APRI Y, t548559 rvaemi at [email protected]. e-mail via or 504-865-5993 at Business. of School Freeman B. Tulane’s A. from MBA his pursuing is currently and Connecticut of University the from English in degree bachelor’s a holds Harrington addition, In Education. in degree graduate a earned he where Kansas, ihe arntnmyb contacted be may Harrington Michael L9, 2010 JULY 1, 2 0 0 8 – J U N E30, 2 0 0 9 TULANELAWSCHOOL HONORROLLOFDONORS

EVERYGIFTMAKESADIFFERENCE

espite the challenging economic environment of the be allocated wherever most needed, and it plays a pivotal role in past year, Tulane Law School has succeeded in its core advancing the law school forward each year. A substantial portion mission: delivering outstanding legal education, prepar- of the annual fund goes to support our most important resources: Ding our students for the challenges on the road ahead, our students and our faculty. and delivering cutting-edge scholarship in the field of law. We The Tulane Law Fund is, of course, the easiest way for alumni succeed because of the generous support of thousands of alumni, and friends to contribute to our success. The law school is grateful parents, friends, and others who recognize the great value leveraged to the generous and visionary support of those who have invested through a charitable donation to Tulane Law School. in its future through the creation of named endowments to support For the fiscal year 2008-09, the law school received a total of faculty positions, student tuition scholarships, or other program- $3,889,000 in new gifts and pledges. Of this total, $605,000 came matic purposes. The creation of an endowed fund carries on in through annual donations to the Tulane Law Fund, our most important perpetuity the values of the donor, ensuring the law school is able source of annual philanthropic support for the law school. The Tulane to carry on with the important work we have been doing so well Law Fund is a way for every alum, parent and friend to make a differ- for more than 160 years. ence in the life of the law school. Through the simple act of making a Each year, we make a special effort to recognize those gift to the Tulane Law Fund, supporters may feel assured in knowing who have shown their support for Tulane Law School through their investment is being applied to the most important areas of need. their charitable gifts. The Honor Roll of Donors is a way for us to The Tulane Law Fund is not a lagniappe; it is a core and acknowledge our appreciation for each of our supporters. No matter essential component of the law school’s budget for the dean and his the size of their gift, every donor to the law school is listed herein. administration. As an unrestricted resource, annual fund dollars may To each of you, thank you. 49 THEFOUNDERSSOCIETY RESTRICTED

The Founders Society recognizes those benefactors—individuals, families, and GIFTS institutions—who have committed $1 million or more to the law school in their lifetime. Tulane Law School expresses its appreciation Anonymous Donor Eugenie & Joseph Jones Family to the following individuals and institutions Mr. David Boies Foundation who donated to the law school in the most Mr. Gerald L. De Blois Louisiana Board of Regents recent fiscal year and designated their gift Wendell & Anne Gauthier Family The McKnight Foundation in support of specific programs and endow- Foundation Mrs. Beryl Whiteman Stiles* ments. (Amounts indicated may represent new Mrs. Anne Barrios Gauthier Ambassador & Mrs. John G. Weinmann pledges and/or gifts toward previous pledges.)

$50,000 or more ENDOWEDFUNDS Mr. Scott R. Bickford Deer Creek Foundation The law school expresses its deep appreciation to the following donors for establishing Mrs. Gayle S. Denègre new endowments at the law school between July 1, 2008, and June 30, 2009. Eason-Weinmann Foundation Mr. Fritz L. Felchlin & Mrs. Gayle SCOTT R.BICKFORD GAYNELL LECORGNEAND Denègre Felchlin SCHOLARSHIPIN LAW BOB WRIGHT LAW SCHOLARSHIP Mr. Richard W. Freeman Jr. Established by Mr. Scott R. Bickford Established by Mr. Bob F. Wright (L ’57) Wendell & Anne Gauthier Family Foundation (A&S ’78, L ’82) Mrs. Anne Barrios Gauthier LAWRENCE PONOROFF Louisiana Board of Regents WENDELL H.GAUTHIER LAW SCHOOL ENDOWED FUND The McKnight Foundation FAMILY ENDOWED FUND Established and endowed by members Charles Stewart Mott Foundation Established by the Wendell & Anne of the Dean’s Advisory Board of Tulane The RosaMary Foundation Gauthier Family Foundation and Mrs. Law School, in deep appreciation for UNAIDS/Joint United Nations Anne Barrios Gauthier his service and commitment to the law Programme on HIV/AIDS school as dean (2001–09) JOHN R.KRAMER LAW Ambassador & Mrs. John G. Weinmann JIMMY TAYLOR ROOKS SCHOLARSHIP ENDOWED FUND $20,000–$49,999 Established by Mr. Gladstone N. Jones III LAW SCHOLARSHIP The Booth-Bricker Fund (L ’92), Mr. Andrew L. Kramer (A&S Established by E. Ramon Arango, PhD The Hon. Jacques L. Wiener Jr. & ’91, L ’94), Dr. Christopher M. Kramer, A.N.YIANNOPOULOS Sandra M. Feingerts Mr. Daniel R. Kramer and Mrs. Sandra PROFESSORSHIPIN COMPARATIVE Evan Frankel Foundation Kramer, and supported by numerous &INTERNATIONAL LAW The Greater New Orleans Foundation friends and family of the late dean of Established and endowed by an Mr. Robert C. Hinckley the law school anonymous friend and fan of his work Lemle & Kelleher LLP National Audubon Society Inc. Open Society Institute Mr. Gray S. Parker Mr. Bernie J. Pistillo Jr. Schwab Charitable Fund $10,000–$19,999 Mr. Richard S. Ackerman Mr. Brent Barriere & Ms. Judy Barrasso Mr. Joseph M. Bruno The Campbell Foundation Mr. Alec Y. Chang Mrs. Rosemary G. Deutsch Fidelity Charitable Gift Fund Mr. Edward N. George & Mrs. Julie Livaudais George

*deceased Mr. David J. Harris Gordon, Arata, McCollam, Duplantis The Henry M. Jackson Foundation for & Eagan, LLP the Advancement of Military Mr. Quintin T. Hardtner III Medicine, Inc. Mr. & Mrs. John L. Haspel Jones, Walker, Watcher, Poitevent, Mr. Marvin L. & Mrs. Dorothy S. Jacobs Carrère & Denègre Jewish Endowment Foundation Mrs. Merrilee W. Kullman Mrs. Sandra S. Kramer Louisiana Outside Counsel Health & Lake Pontchartrain Basin Foundation Ethics Foundation James B. Lam, MD Pan American Life Insurance Company Mr. & Mrs. Wayne J. Lee Phelps Dunbar, LLP Mr. Michael R. Littenberg The Hon. Ernest V. Richards IV Marmillion & Company Mr. A. Lester Sarpy Mr. Sam S. Miller Skadden, Arps, Slate, Meagher & Mr. R. King Milling Sr. Flom LLP Mr. James R. Nieset $5,000–$9,999 Mr. & Mrs. Ernest L. O’Bannon Mr. Robert L. Redfearn Sr. Mr. Herschel L. Abbott Jr. Rocky Mountain Mineral Law Foundation Mr. William H. Hines Roy & Roy Mr. Gladstone N. Jones III Mr. Anthony J. Roy III Dr. Christopher M. Kramer LEGENDLIVESON Mr. Leopold & Mrs. Karen Sher Mr. Daniel R. Kramer Sierra Club INYIANNOPOULOS Mr. & Mrs. James M. Lapeyre Jr. Mr. Walter B. Stuart IV Liskow & Lewis PROFESSORSHIP Mr. Robert B. Tudor III Marine Insurance Seminars, Inc. The Hon. Sarah S. & Mr. R. Patrick Vance Mr. Conrad Meyer IV Ms. D. Jean Veta & Ms. Mary Ann Dutton The Stanley W. Ray Jr. Philanthropic n the annals of Louisiana law of the Mr. Robert A. Vosbein & Civic Trust past half century, the name Athanassios Mr. Kenneth A. Weiss Ms. Judith J. Trotta Yiannopoulos looms large. A faculty Mr. Phillip A. Wittmann Stephen M. Wiles, Esq. member at Tulane Law School from 1979 Mr. John M. Woods I $1,000–$4,999 to 2008 and at Louisiana State University’s Paul ADDITIONALDONORS Mr. & Mrs. Robert B. Acomb Jr. M. Hebert Law Center for twenty years prior, Mr. Denis G. Bandera & Mr. H. Mark Adams “Thanassi” has been a leading and central force in Ms. Margaret Duplantier Ms. Amy R. Aulwes the modern era of the Louisiana Civil Code. He Mr. Guillermo A. Cancio Baptist Community Ministries has been cited more than 400 times in published Ms. Jeanne Louise Carriere Mr. & Mrs. Jack C. Benjamin Sr. opinions, one-quarter of those by the state Mr. & Mrs. David F. Edwards Mrs. Jennifer Hanley-Benjamin & Mr. Warren A. Goldstein supreme court, and amongst his innumerable Mr. Jack C. Benjamin Jr. Mr. James Michael Graff-Radford contributions, his important work on revising the Mr. Ronald L. Book Ms. Jacqueline C. Hea Louisiana Civil Code as reporter for the Louisiana Mr. Kenneth R. Bowen Mr. & Mrs. Grady S. Hurley Law Institute continues today. Although Thanassi Mr. & Mrs. Jeffrey A. Breit Mr. & Mrs. Campbell C. Hutchinson has retired from teaching, he continues to serve as Mr. Robert R. Casey Mr. Itzchak E. Kornfeld director of the law school’s summer program in Jacques & Emy Cohenca Foundation, Inc. Mr. Walter N. Lewis Mr. Philip M. Cohenca Greece and as a professor emeritus. The Hon. F. A. Little Jr. Mr. Richard M. Currence In honor of his many important contributions Ms. Marian MacPherson Mr. Leonard A. Davis to the study of civil law, his service to Louisiana, Mr. R. Lewis McHenry Mr. Gregory M. Eaton and his work as past director of Tulane Law Ms. Michele M. Merkel Mr. Randall M. Ebner School’s Eason-Weinmann Center for Compara- Mr. Jim Norris Mr. Calvin C. Fayard Jr. tive Law, the A. N. Yiannopoulos Professorship in Ms. Robin C. O’Bannon The Hon. Martin L. C. Feldman Mr. Rudolph R. Ramelli Comparative & International Law was established Mr. Thomas J. Fischer Regions Financial Corporation and endowed in 2008 by an anonymous friend Professor Robert Force Mr. Elliot J. Scott and fan of his work. Mr. Ian S. Forrester Mr. Larry Stuart Freeport-McMoRan Foundation Mr. Mark A. Thalheim 51 TOMSTAEDGIFTHONORS C. J. MORROW’SLEGACY FELLOWSOF om Staed (L ’58) knows the value of leadership. Prior to attending Tulane, THE LAW SCHOOL he served with the U.S. Marine Corps in Korea; as a student at Memphis University, he served as sports editor of the newspaper and annual. More Tulane Law School thanks and recognizes the generous commitment of our Fellows recently, as a member of the Board of the Embry-Riddle Aeronautical T of the Law School. Donors recognized as University in Florida, he worked alongside those for whom the saying “shoot for the Tulane Law Fellows are those individuals stars” is not a euphemism but a day’s work, from military and civilian pilots to astronauts. and institutions who donate unrestricted As a Tulane law student, Tom received an early lesson in leadership from Clarence gifts of $1,500 or more annually to the “C.J.” Morrow, a 1934 Tulane law graduate. In addition to serving as a professor of Tulane Law Fund, which annually pro- law from 1938 until his death in 1968, Morrow served as acting dean of the law school vides the dean and administration with from 1951 to 1952 and subsequently was in charge of law admissions. the critical resources necessary to address “C.J. was special to me because he was an incredibly good teacher,” the most pressing needs of the school Staed recalls. “He was also the one who dealt out the scholarships.” throughout the academic year. Tulane When it was his turn to lead the way for Tulane Law School, Tom Law Fellows comprise an important part demonstrated his commitment. A past member of the Dean’s Advisory of our alumni leadership and contribute to Board and the Law Building Committee, in 2005 he organized a the strength and future of the law school. (Law graduates of the last decade are fundraising effort amongst his former classmates to create an endowed recognized as Fellows based on a set of scholarship. After all the results were in, Tom knew much more needed reduced-giving thresholds, thus ensuring to be done, so he stepped in himself, making a significant contribution recognition of a new generation of leaders from his own resources to establish the C.J. Morrow/Staed Family supporting the law school.) If you would Scholarship at the law school. like to learn more about donating and More than a professor, C.J. Morrow was a friend to Tom. Morrow being recognized as a Fellow of the Law encouraged Tom to stay in law school through an act that might be School, please contact the law school described as academic tough-love. development office. “In probably my second year, I went to sleep in his class one day, and he asked me to stay behind. ‘Mr. Staed,’ he told me, ‘you’ve been sleeping in my class, and this is not the first time. If you fall asleep again, here’s what I am going to do: One, I am HENRYADAMS going to kick you out. Two, I am going to fail you. And three, I am going to take away BULLARDFELLOWS Gifts of $10,000 or more your scholarship.’ After that, every time I would find myself starting to nod off, I would start slapping my face to keep me awake. I would look up at C.J., who would Mr. Brent Barriere & Ms. Judy Barrasso be grinning from ear to ear.” Mr. Alec Y. Chang Morrow’s medicine worked, and Tom flourished in the many classes he took with Mr. & Mrs. Randall M. Ebner Mr. Gordon Gamm, Esq. Morrow, along the way forging a bond of friendship. Mr. D. Christopher Heckman After graduation, Tom worked as a lawyer with the California Company in Ms. Sherry Leventhal & Mr. Alan New Orleans, an experience which helped prepare him for the Florida Bar exam when M. Leventhal his family decided to relocate. Tom practiced in Florida and then went on to lead a very Mr. Christopher K. Ralston successful business career in the hospitality industry, managing and developing over The Rechler Family Foundation, Inc. a dozen lodging properties in the Daytona Beach area, along with a number of condo- Mrs. Hannah R. Rabinowitz minium projects as well. In addition to many civic contributions to his industry and his Mr. & Mrs. Bennett Rechler community, he is past president and chairman of the American Hotel and Lodging Mr. Halley M. Rechler Association and of Best Western International. Mr. & Mrs. Morton Rechler As a lawyer and businessman, Tom has used his Tulane Law School education to Mr. Zachary R. Rechler navigate the ins and outs of succeeding in a competitive environment. “My law degree Mr. Richard J. Roselli helped me in all my career paths. In everything I did, the law school played an impor- FALL 2009 tant role. Tulane and hard work enabled me to be where I am today, but it was C.J. Morrow who selected me for the scholarship that enabled me to attend Tulane.” Tulane Law School is grateful for Tom’s leadership on behalf of Tulane and the Class of 1958, as well as for his generous personal commitment to creating the

TULANE LAWYER Morrow/Staed scholarship. 52 DEAN’SFELLOWS Gifts of $5,000–$9,999 Mr. Herschel L. Abbott Jr. The Hon. George T. Anagnost BAR/BRI Corporation Mr. & Mrs. Ronald L. Book Mr. James F. Booth Ms. J. Karen Butler & Mr. Hernan R. Franco Mr. Walter Carroll Jr. Mr. John W. Colbert Mr. Vaughan O. Fitzpatrick Mr. & Mrs. James M. Garner Mr. & Mrs. Hans J. Germann The Greater New Orleans Foundation Mr. Robert C. Hinckley Mr. & Mrs. Joseph K. Kelly Mr. Michael R. Littenberg Louisiana City Attorneys’ Association Mr. Emon A. Mahony Jr. Mr. & Mrs. James L. McCulloch Mr. & Mrs. Michael J. Mestayer Mr. & Mrs. James R. Nieset Mr. Karl A. Herchold Ms. D. Jean Veta & Ms. Mary Ann Dutton Mr. Colvin G. Norwood Jr. Ms. Heather L. Hodges Mr. Calvin Roy Watson Mr. Robert L. Redfearn Sr. Mr. R. Christian Johnsen Mr. Philip B. Watson Jr. Mr. & Mrs. Richard P. Salloum Kambur Law Firm Ambassador & Mrs. John G. Weinmann Ms. Cynthia A. Samuel Mr. James G. Kambur Mrs. Tara & Mr. Kenneth A. Weiss Mrs. Karen & Mr. Leopold Sher Mr. David A. Kerstein Mr. Dan A. Kusnetz FELLOWS SENIORFELLOWS Mr. & Mrs. Wayne J. Lee Gifts of $1,500–$2,499 Gifts of $2,500–$4,999 Mr. Laurent C. Lutz Jr. Mr. & Mrs. Robert B. Acomb Jr. Mr. & Mrs. John M. McCollam The Hon. Jerry A. Brown & Dean Gail Agrawal Ms. Kristen L. Melton Mrs. Florence Brown Mr. Robert D. Albergotti Mr. Albert Mintz Mr. Robert A. Buettner Mr. Lawrence J. Aldrich Mrs. Carmen M. Moore Mr. George M. Cleland III Mr. & Mrs. Jack M. Alltmont Mr. Anthony A. Pastor Mr. James J. Coleman Jr. Professor & Mrs. Paul L. Barron Ms. Kara G. Thorvaldsen & Mr. Gerald N. Craig Mr. & Mrs. Jack C. Benjamin Sr. Mr. John W. Pint Mr. & Mrs. Richard M. Currence Mrs. Marian Mayer Berkett Ms. Aimee M. Quirk The Hon. W. Eugene Davis & Mrs. Davis Mr. John A. Bernard Mr. James L. Rice III Mr. William G. Duck Mr. Paul P. Bolus Mr. Jon M. Richter Mr. & Ms. Richard Dykhuizen Rev. Lex Breckinridge & Mrs. Zonnie Roussel & Clement Eason-Weinmann Foundation Breckinridge Gerolyn Roussel & Perry J. Roussel Jr. The Hon. Martin L. C. Feldman Mr. & Mrs. Jeffrey A. Breit Mr. Michael F. Savicki & Mrs. Mr. Michael M. Fleishman Ms. Ellen B. Brown Kassandra S. Savicki Mrs. Kathleen K. Charvet Friedman Foundation 2009 FALL Mr. Kenneth B. Schwartz Dr. Ann & Mr. J. Kent Friedman Mr. Roy C. Cheatwood Mr. William K. Self Jr. Mr. Reuben I. Friedman Mr. & Mrs. William K. Christovich Mr. Jason L. Shaw Mr. Miles P. Clements Mrs. Cathy Glaser & Dr. Charles LAWYER TULANE Mr. Norman J. Silber G. Glaser Mr. Arthur A. Crais Jr. Mr. Moise S. Steeg Jr. Mr. Ronald L. Groves Mr. Brooke H. Duncan III Ms. Susan G. Talley & Mr. James C. Mr. Mac W. Hancock III Mr. Gregory M. Eaton Gulotta Jr. Mr. Harry S. Hardin III Mr. Ernest L. Edwards Jr. Mr. & Mrs. Gregory C. Thomas Ms. Linda Caire Hargrove Mr. Joseph A. Ettinger 53 Mr. Robert B. Fisher Jr. Sidney M. Segall Mrs. Constance C. Willems & Mr. & Mrs. Louis Y. Fishman Shields Mott Lund LLP Mr. Casey Willems Mr. William R. Forrester Jr. Mr. & Mrs. Lloyd N. Shields Ms. Lizbeth Ann Turner & Mr. Clarence Mr. Bryant E. Gardner Mr. & Mrs. Mark L. Shifke D. Wolbrette Mr. Edward N. & Mrs. Julie Mr. & Mrs. Donald A. Shindler Mr. John M. Woods Livaudais George Mr. Glenn J. Solomon Mr. Lanny R. Zatzkis Mrs. Julia Claverie Gooch & Mr. John Mr. Thomas W. Staed Mr. Horst G. Zimmermann B. Gooch Jr. Mr. Sylvan J. Steinberg Mr. Jason S. Grauch Mr. Ellis Roy Stern Mr. Matthew H. Greenbaum Mr. & Mrs. Alan J. Stone PLANNED Zetta & Robert Hearin General William K. Suter Mr. & Mrs. Kazimierz J. Herchold Mr. R. Andrew Taggart Jr. GIFTS Mr. & Mrs. Arthur L. Herold Mr. Sanford V.Teplitzky The law school received gifts of matured Mr. Robert D. Hertzberg Mr. Robert A. Vosbein bequests or other irrevocable planned Mr. Carmine A. Iannaccone Mr. Michael Weinstock gifts in the period July 1, 2008, through The Hon. & Mrs. Jacob L. Karno Mr. James E. Wesner June 30, 2009, and we thank these Mrs. Ann Loughridge Kerr Mr. Richard W. Westling individuals and their families. Mr. Steven C. Kline Mr. Donald B. Wiener Dr. Hugh W. Long III & Dean Susan The Hon. Jacques L. Wiener Jr. & Marie V. Eigenbrod L. Krinsky Sandra M. Feingerts, Esq. Ambassador & Mrs. John G. Weinmann Mr. & Mrs. Charles W. Lane III Mr. James M. Lapeyre Jr. Ms. Julianne Nice & Professor Herbert WILLIAMPRESTON V. Larson Jr. The Law Offices of Matt Greenbaum JOHNSTONSOCIETY Mr. J. Dwight LeBlanc III The William Preston Johnston Society recognizes those donors who have included the Mr. & Mrs. J. Dwight LeBlanc Jr. university or one of its schools, colleges, or programs in their wills or other planned Mr. & Mrs. Edward F. LeBreton III giving arrangements. Tulane University says “thank you” to the following alumni of Mr. Eric A. Long Tulane Law School who are members of the society: Lynn Luker & Associates, LLC Ms. Lynn Luker & Mr. Stephen Anonymous (61) Ms. Jacquelyn Morton L. Williamson Ms. Jennifer L. Achilles Mr. Max Nathan Jr. Mrs. Anne U. MacClintock & Dr. Jerry Mr. Lawrence J. Aldrich** Mr. James R. Nieset L. Mashaw Sr. Ms. Adelaide Wisdom Benjamin The Hon. Edmund M. Reggie Mr. & Mrs. Robert L. Manard III Mr. Michael A. Berenson Ms. Linda Russell Ms. Carla M. Martin Mrs. Marian Mayer Berkett Mr. A. Lester Sarpy Ms. Nancy P. McCarthy Ms. Laura Junge Carman Mr. Ralph Slovenko Mr. Travis C. McCullough Mr. David B. Carnes Mr. and Mrs. Moise S. Steeg Jr. Mr. Robert B. Neblett III Mr. Gerald L. De Blois Mr. Thomas T. Steele Mr. Inemesit U. O’Boyle Mr. Brooke H. Duncan Mr. W. Woodrow Stewart Mr. Thomas P. O’Connor The Hon. Martin L. C. Feldman Mr. Michael K. Tarver Mr. Ashton Phelps Jr. Mr. Michael M. Fleishman Mr. Wilmer J. Thomas Jr. Diane & Andy Plauche Mr. Reuben I. Friedman Mr. David Treen* The Hon. William H. Pryor Jr. Mike & Marcy Gertler Ms. Lizbeth A. Turner Mr. Harley V. Ratliff Mr. Lawrence E. Gill Mr. E. Peter Urbanowicz Jr. Rapport, Meyer, Whitbeck, Shaw & Mr. Barry M. Glenn Mr. Roger A. Wagman Rodenhausen LLP Ms. Cecile L. Gordon Ambassador John G. Weinmann Dr. Judith Rodin & Mr. Paul R. Verkuil Mr. Gregory Grady Mr. Kenneth A. Weiss

FALL 2009 Mr. Michael D. Rubenstein Mr. Robert C. Hinckley Mr. James E. & Ms. George Ann Wesner Mr. D. Ryan Sartor Jr. Mr. Charles T. Jensen II Mr. V. M. Wheeler III Mr. Lane A. Schaffer Mr. Harold B. Judell Mr. Andre V.Wogan Mr. Jan Schoonmaker Mr. Martin L. Lahm III The Hon. Dorothy D. Wolbrette Ira & Susan Schulman The Hon. Kenneth D. McClintock *deceased

TULANE LAWYER **new member in 2009 54 CLASSPARTICIPATION The law school wishes to recognize and thank the following alumni (listed by class year) for their contributions in support of Tulane Law School in fiscal year 2009. (Amounts may include gifts, pledges, pledge payments, and credits from matching gift programs.)

CLASS OF 1937 CLASS OF 1952 Mrs. Marian Mayer Berkett The Hon. Peter H. Beer Mr. Moise S. Steeg Jr. Mr. Milton E. Brener Mr. Otis B. Trepagnier Mr. Maurice L. Burk Mr. David J. Conroy CLASS OF 1942 Ambassador John G. Weinmann The Hon. Kaliste J. Saloom Jr. CLASS OF 1953 ARTHEROLD CLASS OF 1945 Mr. Robert B. Acomb Jr. GROWSGIVINGTREE Mrs. Katherine Brash Jeter Mr. William M. Barnett Mr. A. Lester Sarpy Mr. Robert J. Boudreau by Andrew Romero Mr. Keith A. Gatlin Sr. CLASS OF 1946 Mr. Angel M. Martin n Tulane parlance, Arthur Herold bleeds green. Art’s loyal- The Hon. Nestor L. Currault Jr. Mr. James A. Mundie Jr. ty to Tulane runs wide and deep. A graduate of the law Mr. Philip B. Watson Jr. Mr. Guyton H. Watkins class of 1966, Art is a partner in the Washington, DC firm Mr. John H. Welsh Jr. CLASS OF 1947 of Webster, Chamberlain & Bean, one of the nation’s lead- CLASS OF 1954 ingI law firms specializing in legal services to non-profit organi- Mr. Irvin S. Smith Mr. Donald L. Ferguson zations. He completed his undergraduate degree at Tulane’s Mr. Julian H. Good CLASS OF 1948 School of Arts & Sciences in 1963, and a glance at his family Mr. R. S. Mellon Mr. Francis H. Bohlen III Mr. James F. Pinner Sr. tree reads like a page from Tulane’s history. His father, Simon CLASS OF 1949 Mr. D. Grove Stafford Jr. Herold, practiced law in Shreveport after graduating from the law Mr. Walter J. Wadlington III school in 1935 and Arts & Sciences in 1933. Art’s mother Elaine Mr. Jack Bremermann Mr. Johnson H. Wong Mr. Rufus C. Harris Jr. Levy was a proud member of the Newcomb College Class of Mr. Edward M. Heller CLASS OF 1955 1937. His grandparents both graduated from Tulane as well: his Mr. Rene Lehmann Mr. D. Ryan Sartor Jr. grandfather, as a member of the School of Medicine Class of Mr. C. Murphy Moss Jr. The Hon. Rosemary T. Pillow CLASS OF 1956 1907, and his grandmother a member of the Newcomb Class of Mr. Alphonse J. Schmitt Jr. 1909. (And we are not counting the cousins and siblings along The Hon. Thomas C. Wicker Jr. Mr. Joseph A. Ettinger Mr. Robert L. Green the Herold/Tulane family tree...) Oh, and his daughter and his CLASS OF 1950 wife received their degrees from Tulane as well. CLASS OF 1957 Mr. Jack C. Benjamin Sr. Every year, Art expresses his feelings for Tulane by giving Mr. Jack O’Hair Asher Mr. Walter Carroll Jr. as a Fellow of the Law School. Ask him why he gives to the law Mrs. Jane F. Asher Mr. William K. Christovich school (an action he has repeated nearly every year since graduat- Judge Philip C. Ciaccio Mr. John A. Bernard Mr. Warren C. de Brueys The Hon. Martin L. C. Feldman ing), and the answer is simple. “I like to say thank you,” he Mr. Joseph J. Jacobs Mr. Dudley D. Flanders shared in recent comments with Tulane Lawyer. “I recognize Mr. Melvin W. Mathes Jr. Mr. William M. Lucas Jr. Tulane has changed a lot over the years, every good organization Mr. Joseph W. Nelkin Mr. Robert L. Redfearn Sr. Capt. W. Dean Pfeiffer Mr. Sylvan J. Steinberg does. But the reason I give to the Tulane Law Fund as a Fellow Mr. Michel Olivier Provosty Mr. Charles D. Viccellio every year is because of what Tulane did for me. The law school gave me a profession and a career for which I am indebted, and 2009 FALL CLASS OF 1951 CLASS OF 1958 I feel it is my obligation to give back to Tulane,” he went on to Mr. Frederick S. Ellis Col. Terry W. Brown Col. Jeron J. LaFargue explain. “People who give to universities want to preserve the

Mr. Robert K. Mayo LAWYER TULANE Mr. Albert Mintz Mrs. Margot Lampe Mazeau meaning of their degrees and make sure that their university Mr. John A. Mmahat Mrs. Carmen M. Moore is as strong as it can be. The time to make that investment is Mr. Charles Rosen II Mr. Thomas W. Staed today. So I give to Tulane today for the past and the future of Mr. Gerald N. Sims Mr. J. Barbee Winston the university.” Thank you, Art. 55 CLASS OF 1959 CLASS OF 1964 Mr. Arthur L. Herold CLASS OF 1969 The Hon. C. Thomas Bienvenu Jr. Mr. Gordon P. Bienvenu Mr. Carrick R. Inabnett Mr. Robert N. Andry The Hon. Jerry A. Brown Mr. J. D. Cascio Jr. The Hon. Douglas Inge Johnstone Mr. Charles B. Angulo Mr. Thomas E. Cheatham III Mr. Richard M. Currence Mr. L. V. McGinty Jr. Mr. Jed Berman Mr. Gerald C. Gex Dr. Jerry L. Mashaw Sr. Mr. Arthur B. Monroe Mr. John O. Charrier Jr. Mr. Charles W. Lane III Mr. Sam S. Miller The Hon. William J. Smith Mr. Michael M. Fleishman Mr. John M. McCollam Mr. Grant E. Mitchell Mr. Fred Clegg Strong Mr. L. Albert Forrest Mr. W. Boyd Reeves Mr. James H. Roussel Mr. Donald M. Waits Mr. Charles B. Mayer Mr. Leon H. Rittenberg Jr. Mr. Sam P. Rynearson Mr. Bill Weinberg Mr. Conrad Meyer IV Mr. George Rosetti Jr. Mr. John M. Senker Norman J. Silber Mr. John F. Simon CLASS OF 1967 Mr. G. Hamp Uzzelle III Mr. James M. Whitehead CLASS OF 1965 Mr. Marion B. Farmer Mr. W. W. van Benthuysen Jr. Mr. Wayne J. Bienvenu Mr. J. Kent Friedman Mr. Calvin Roy Watson CLASS OF 1960 Mr. I. Jackson Burson Jr. Mr. Warren A. Goldstein The Hon. W. Eugene Davis Mr. George M. Cleland III The Hon. Robert L. Lobrano CLASS OF 1970 Mr. Hugh M. Glenn Jr. Mr. Paul B. Clemenceau Mr. John G. Loftin Mr. Jack M. Alltmont Mr. John B. Gooch Jr. Mr. Gerald N. Craig Mr. Terry H. Miller Sr. Mr. John F. Blackwell Mr. David J. Harris Mr. Louis Y. Fishman Mr. James R. Nieset Mr. Charles V. Bonin Ms. Angela Roddey Holder* Mr. Charles B. Johnson Mr. David G. Perlis The Hon. Anthony S. Borwick Mr. Richard M. Janopaul Mr. Warren B. Jung II Mr. John A. Peterson Mr. W. Frank Brown III Mr. Max Nathan Jr. Mrs. Ann Loughridge Kerr Mr. Alfred L. Price Mr. Madison H. Cockman Jr. Mr. Ernest L. O’Bannon Mr. Emon A. Mahony Jr. Mrs. Laura Herring Tanner Mr. Gerald R. Cooper Mr. John M. Page Jr. Mr. Ralph C. McCullough II Mr. Robert A. Vosbein Mr. William G. Duck Mr. Sidney F. Rothschild Mr. R. King Milling Sr. Mr. Henry C. Walker IV Mr. Gordon Gamm, Esq. Mr. Ross Scaccia Mr. William D. Norman Jr. Mr. Lanny R. Zatzkis Mr. Harry S. Hardin III Mr. Leonard A. Washofsky Mr. Enoch M. Overby III Mr. Donald W. Jones Mr. Jack M. Webb Mr. Marc L. Peterzell CLASS OF 1968 Mr. James R. Leonard Jr. Mr. Horst G. Zimmermann Mr. M. David Stirling Mr. Oscar W. Boswell II Mr. Joseph K. Lukehart Mr. John D. Wallace Mr. Philip J. Bray Ms. Sharon A. Perlis CLASS OF 1961 The Hon. Elizabeth A. Weaver Mr. Walter W. Christy Mr. Ashton Phelps Jr. Mr. Quintin T. Hardtner III Mr. James J. Coleman Jr. Mr. John N. Wiles The Hon. Jacob L. Karno CLASS OF 1966 Mr. William S. Cross Mr. J. Dwight LeBlanc Jr. Mr. Herschel L. Abbott Jr. Mr. Ernest L. Edwards Jr. CLASS OF 1971 The Hon. F. A. Little Jr. Professor John J. Barcelo III Mr. William R. Forrester Jr. Mr. W. Paul Andersson The Hon. Ernest V. Richards IV Col. James R. Barrow Mr. Maury A. Herman Mr. Denis G. Bandera Mr. Donald P. Weiss Mr. Robert A. Buettner Mr. John A. Jeansonne Jr. Mr. Robert R. Casey The Hon. Jack B. Weldy Mr. Wilbert O. Crain Jr. Mr. Robert L. Livingston Jr. Mr. Reuben I. Friedman Mr. James E. Wesner The Hon. Oswald A. Decuir Jr. Mr. Howard J. Smith Jr. Mr. Robert M. Hearin Jr. The Hon. Jacques L. Wiener Jr. Mr. Robert B. Folsom Jr. Mr. Sidney B. Steiner Mr. James G. Kambur Mr. Phillip A. Wittmann Mr. Ronald L. Groves Mr. David A. Kerstein Mr. Donald A. Shindler CLASS OF 1962 Mr. A. Remy Fransen Jr. CLASS OF 1972 The Hon. T. Barrett Harrington WHERETHERE’SAWIL L, Mr. David F. Edwards Mr. Harvey J. Lewis THERE’SAWAY Mr. Ronald E. Gurtler The Hon. David Painter Mr. Mac W. Hancock III ...to help ensure the future strength of Tulane Mr. Charles F. Seemann Jr. Mr. William N. Kammer Gen. William K. Suter Law School. The dynamic programs, outstanding Mr. Robert L. Manard III students, and renowned faculty of the law school all Mr. Colvin G. Norwood Jr. CLASS OF 1963 benefit when a donor chooses to leave a bequest to Mr. Andrew L. Plauche Jr. The Hon. Jimmy N. Dimos support our programs. Please remember Tulane Mr. John F. Robbert Mr. Gene H. Godbold University Law School in your will or estate plans. Mr. S. Roger Rombro Mr. Campbell C. Hutchinson Bequest gifts may be designated to the general Mr. Richard P. Salloum Mr. Stephen T. McMurtry support of the law school, to specific programs or Ms. Cynthia A. Samuel Mr. Augustine Meaher III to create named endowments for restricted purposes Mr. Irvin L. Tankersley The Hon. J. Frederick Michela such as student scholarship. It is always important

FALL 2009 to specify that a donor wishes his or her bequest to go to the Tulane University Law School. For more information or draft request language, please contact Andy Romero, senior director of development, at 504-862-8559 or [email protected].

TULANE LAWYER *deceased 56 CLASS OF 1973 CLASS OF 1976 Mr. Terrel J. Broussard Mr. Robert D. Albergotti The Honorable John B. The Hon. Richard E. Burke Mr. Donald R. Burkhalter Breaux, former U.S. Donald A. Capretz, Esq. Mr. James H. Cain Jr. Mr. Michael L. Coleman Stephen K. Conroy, Esq. Senator, delivers remarks Mr. Ronald L. Coleman Mr. William J. Dutel to the Tulane Law School Mr. Larry R. Dean Mr. James C. Gulotta Jr. community at a ceremony Mr. Henry F. Devens III Mr. R. David Hendrickson marking the investiture of Mr. Charles L. Duke Mr. Robert C. Hinckley Mr. Gregory M. Eaton Mrs. Rose McCabe LeBreton Professor Claire Moore Mr. Richard L. Epstein Ms. Nancy P. McCarthy Dickerson as the inaugu- Mr. Robert B. Fisher Jr. Mr. Michael J. Mestayer ral Sen. John B. Breaux Mr. Hernan R. Franco Mr. Robert B. Phelps Mr. David B. Kesler Mr. Paul A. Schouw Chair in Law, an honor Mr. Martin V. Lavin Mr. Leopold Z. Sher made possible by a The Hon. Tucker L. Melancon Mrs. Evelyn Pugh Thompson generous donor. Mr. Peter C. Piccione Jr. Mr. Carey R. Varnado Mr. Walter B. Stuart IV Mr. Irving J. Warshauer Mr. Michael Weinstock CLASS OF 1974 Mr. Paul L. Zimmering The Hon. George T. Anagnost CLASS OF 1977 Mr. William F. Bologna Ms. Mary Jean Tutelian Miller CLASS OF 1980 Mr. Lawrence J. Aldrich Mrs. Hattie M. Broussard Mr. Robert B. Neblett III Mrs. Suzanne Reigel Breit Ms. Ellen B. Brown Mr. Aydin S. Caginalp Mr. Alan J. Pinner Mr. Jonathan S. Crames Ms. Laura Junge Carman Mr. Roy C. Cheatwood Mr. Michael Alan Pollack Mr. Randall M. Ebner Mr. James F. Clark Mr. Arthur A. Crais Jr. Mr. Scott E. Silbert Mr. William H. Frankel Mr. Michael V. Clegg Mr. Victor A. Dubuclet III Mr. Stephen R. Sugrue Mrs. Cathy S. Glaser Mr. Philip M. Cohenca Mr. Terrence J. Gaffney Mr. John W. Tavormina Professor David R. Katner Mr. John W. Colbert Mr. Clave E. Gill III The Hon. Sarah S. Vance Mr. Mark C. Landry Mr. William V. Dalferes Jr. Mrs. Gail H. Goheen Mr. William W.Young III The Hon. Kenneth D. McClintock Mr. Carmine A. Iannaccone Mr. Rufus C. Harris III Mr. Edgar H. Moore III Mr. John C. Kilpatrick Mr. David L. Hedden CLASS OF 1979 The Hon. Viktor V. Pohorelsky Mr. T. Gerald Henderson Mr. James W. Lance Mrs. Shauna E. Alonge Mr. Richard J. Roselli Mr. Farrell D. Hockemeier Mrs. Sherry Marcus Leventhal Mrs. Suzette T. Becker Mr. Jason L. Shaw Mr. Wayne J. Lee Mr. James L. McCulloch Mr. William P. Benjamin Mr. Paul D. Streicher Mr. Jan Schoonmaker Ms. Regina B. Meadows The Rev. Lex Breckinridge Mr. John M. Woods Ms. Cynthia R. Shoss Mr. Jack E. Mensching Mrs. Zonnie Breckinridge Mr. George R. Zacharkow Mr. Ellis Roy Stern Mr. James Q. Mery Mr. Jeffrey A. Breit Mr. William E. Wright Jr. Mrs. Carole Cukell Neff CLASS OF 1981 Mr. Harvey A. Paulsen Mr. Miles P. Clements CLASS OF 1975 Mr. Stewart F. Peck Mr. G. Robert Collier Jr. Ms. Judy Y. Barrasso Mr. Rudolph R. Ramelli Mr. Vaughan O. Fitzpatrick Mr. Brent B. Barriere Mr. Bennett B. Anderson Jr. Mr. E. Phelps Gay Mr. Marc N. Blumenthal Mr. Joseph M. Aspray Jr. Mr. Arnold Richer Mr. Kevin Robshaw Ms. Randi E. Gordon Jethro S. Busch, Esq. The Hon. Michael G. Bagneris Mr. Grady S. Hurley Mr. Matthew P. Chenevert Mr. Paul M. Batiza Mrs. Karen B. Sher Mr. Lloyd N. Shields Ms. Virginia Thompson Munford Mr. Stanley J. Cohn Mr. Cyril B. Burck Jr. Mrs. Rita Ward Murov Ms. Mary E. Cupp Ms. Margaret Duplantier Mr. Charles F. Thensted Mr. Gregory C. Thomas Mr. Thomas P. Nash IV Mr. Bennett G. Fisher Mr. Alvin M. Ehrlich Mr. Douglas B. Riley Mr. Gustave A. Fritchie III Ms. Madeleine Fischer Mrs. Constance C. Willems Mr. Marc J. Yellin Mr. William B. Schwartz Mr. David Greenberg Mr. Matthew H. Greenbaum Mr. William K. Self Jr. Mrs. Helen Wilson Hubley Mr. Anton G. Hajjar CLASS OF 1978 Mrs. Ina V. Suuberg Ms. Margaret A. Keenan Mr. Robert D. Hertzberg Mr. Michael Moira Terrell Mrs. Lindsay E. Lanaux Mr. Ronald L. Book Mr. Edward F. LeBreton III Mr. Jeffrey B. Thomas Mr. Robert A. Lipson Mr. Daryl P. McDonald Mr. James F. Booth Mr. Charles L. Whited Jr. Ms. Lynn Luker 2009 FALL Mr. Joseph M. Bruno Mr. Steven M. Melley Mrs. JoAnn L. Zuercher Mr. Jonathan A. Markowitz Ms. Mary Ann Coffey Mrs. Hannah R. Rabinowitz Ms. Margaret E. Meyer Mrs. Virginia Bitzer Evans Mr. William F. Ryan Mr. Bernie J. Pistillo Jr.

Mrs. Nancy F. Fellman LAWYER TULANE Sidney M. Segall, Esq. Mr. Robert Silversmith Mr. Edward N. George Mr. Sanford V.Teplitzky Mr. James R. Silverstein Mr. D. Christopher Heckman Mr. Kenneth A. Weiss Ms. Susan G. Talley Mr. Claude E. Johnston Ms. Barbara J. Ziv Ms. Carol A. Vernon Mr. James M. Lapeyre Jr. Ms. D. Jean Veta Mr. Thomas E. Magill Ms. Ruth F. Wenger Ms. Victoria Knight McHenry Mrs. Kristin H. White 57 CLASS OF 1982 CLASS OF 1984 CLASS OF 1986 CLASS OF 1989 Mr. Richard S. Ackerman Ms. Ashley L. Belleau Mr. Orr Adams Jr. Mr. Gilbert V.Andry IV Ms. Cherry Joy Beysselance Ms. Cynthia A. Berman Mrs. Eileen G. Brener Ms. Cecily Ellzey Bateman Mr. Scott R. Bickford Mrs. Miriam Gamson Cohen Ms. Jeanne Louise Carriere Ms. Stacy S. Brown Ms. Rita M. Bolger Mr. Leonard A. Davis Mrs. Frances O. Doherty Mr. Michael M. Butterworth Ms. Donna A. Byrne Ms. Sharyn Essman Mr. Brooke H. Duncan III Ms. Yung-Yi Chen Mrs. Julie Livaudais George Mrs. Carlotta B. Fritchie Mrs. Angela Paolini Ellard Mr. Sean A. Cottle Mrs. Dorothy S. Jacobs Mrs. Lynnette K. Hotchkiss Mrs. Elisabeth Garber-Miller Donna P. Currault Mr. George F. Kelly III Mrs. Patricia Black Kelly Mr. Simon P. Harter Douglas N. Currault II Mr. Dan A. Kusnetz Ms. Anne Segrest McCulloch Mrs. Courtney S. Katzenstein Mr. James J. Dailey Jr. Ms. Carla M. Martin Mr. Kevin R. McSpadden Mr. David M. Keiser Donald O. Egbuchulam, Esq. Ms. Margaret E. Meyer Mr. James P. Meyer Mr. J. Dwight LeBlanc III Mr. Lucas T. Elliot Mr. Gregory F. Reggie Ms. Shirley Morales Mr. Laurent C. Lutz Jr. Mrs. Jami Campisano Fenner Mr. Michael D. Rhea Mr. David P. Persson Mr. Jim Norris Mr. Thomas M. Flanagan Ms. Elaine Flud Rodriguez Mr. Gordon P. Serou Jr. Mr. David Nicholls Pugh Mr. James M. Garner Mr. Osami Sumida Mr. Mark L. Shifke Ms. Liliian M. Quarles Mr. F. Michael Goodbee Mr. Wade P. Webster Mrs. Patricia W. Shifke Mr. David M. Rubin Mr. Mark L. Gundlach Ms. M. Ann Spudis Ms. Michelle K. Schmidt Ms. Barbara L. Hachenburg CLASS OF 1983 Mr. R. Andrew Taggart Jr. Mr. Charles M. Silverman Mr. Harri J. Haikala Dean Gail Agrawal Mrs. Margaret McAlister Mrs. Madeline H. Haikala Mrs. Kathleen K. Charvet CLASS OF 1985 Silverstein Ms. Jacqueline C. Hea Mr. George Denègre Jr. Ms. Marie E. Breaux Mr. David R. Sobel Mr. Gerald M. Johnson III Mr. John D. Edgcomb Mrs. Melanie M. Bronfin Mr. William B. Watson Mrs. Holly C. Keehn Mrs. Christina P. Fay Mr. Andrew V. Buchsbaum Stephen M. Wiles, Esq. Mr. Steven C. Kline Mr. John F. Fay Jr. Ms. Maura Carroll Ms. Alice O. Landry Mr. Lewis S. Frank Mr. Joseph L. Caverly CLASS OF 1987 Ms. Kim N. Liantonio Ms. Katherine A. Greenwood Mrs. Martha Tisdale Cordell Mr. Robert L. Abell Mr. Alan M. Liebowitz Mr. Nathan Ples Horner Jr. Mr. Frank N. Cusimano III Mrs. Sabrina Little DiMichele Ms. Kathy L. Manchester Mr. Yih-Feng Huang Ms. Lillian E. Eyrich Ms. Lyn S. Entzeroth Mr. Mark H. McCallum Mr. Timothy P. Hurley Mr. Michael J. Farley Mrs. Cornelia H. Gates Mrs. Kris Malachias McGee Mr. LeRoy Lambert III Mr. Stephen G. Howe Mr. Phillip L. Husband Mr. Traynham E. Mitchell Jr. Mr. Edward P. Landry Mr. R. Christian Johnsen Ms. Patricia Ann Korn Mrs. Leann O. Moses Ms. Kim Munch Mr. Patrick B. McIntire Mr. Travis C. McCullough Mr. Robert W. Mouton Mr. David B. Pogrund Ms. Karen A. Meyer Mr. Chris G. Outlaw Ms. Robin C. O’Bannon Mr. James L. Rice III Mr. Scott M. Miller The Hon. William H. Pryor Jr. The Hon. Rebecca M. Olivier Mr. W. Kent Robertson Jr. Mr. George F. A. Parnell Mr. Peter J. Silverman Ms. Sarah E. Robertson Mrs. Gerolyn Roussel Mrs. Jennifer Sartor Smart Mr. Alan J. Stone Mr. David J. Saacks Mr. Jeffrey H. Sands Ms. Lizbeth Ann Turner Mrs. Catherine C. Sullivan Mr. Lane A. Schaffer Mr. Michael L. Swain Mr. M. Jay Yurow Mr. Charles E. Tate Ms. Valerie T. Schexnayder Mrs. Ingrid D. Williams Mr. Robert B. Tudor III Mr. John W. Scott Mr. William Van Ferdinand Jr. Mrs. Nancy Selzer Mr. Sanford E. Warren Jr. Ms. Laurie A. Smiley Mr. Andrew D. Weinstock Ms. Cheryl R. Teamer Mrs. Marion W. Weinstock Mr. Christopher C. Trundy JOINTHETEAM! Mr. E. Peter Urbanowicz Jr. CLASS OF 1988 Mr. A. Christopher Young Team Tulane is a way for every alumnus to help build the network for Tulane Law School. Team Mr. Lee R. Adler CLASS OF 1990 Tulane is a network of alumni which collectively Mr. David D. Benoit Mr. Paul P. Bolus Mr. Thomas J. Boagni serves as a resource to current students and fellow Mrs. Allain Provosty Collins Mr. David E. Boyle alumni who may have questions about geographic Mr. Jon M. Dileno Mrs. Lisa Kaas Boyle areas or job settings. Alumni may also volunteer to Ms. Melinda R. Fagin Mr. Alec Y. Chang serve as career panelists for one of many programs Ms. Nancy M. Galib Mr. Frederick B. Goldsmith hosted by our Career Development Office (CDO) Mrs. Michelle McGrath Ms. Debra J. Hale throughout the year to expose students to various Mr. Derek N. Phillips The Hon. Phyllis M. Keaty career options—from public to private practice, Jan Van Qualen Mrs. Maurya Kilroy corporate to public interest, big city to small town. Mr. Richard W. Westling Mr. Itzchak E. Kornfeld FALL 2009 Mr. Michael R. Littenberg If you have time to share your experience, Mr. Donald B. Wiener Mr. Perry J. Roussel Jr. consider joining Team Tulane. Find out more by Mr. Anthony J. Roy III calling the CDO at 504-865-5942 or visiting www.law.tulane.edu/teamtulane online. TULANE LAWYER 58 CLASS OF 1991 Michael (L ’76) and Anne Plauche Ms. Amy R. Aulwes McNulty join Mercy Plauche Nieset Mr. J. Breck Blalock and Jimmy Nieset (L ’67) in accept- Mr. Charles R. Brumfield Mrs. Linda P. Clark ing posthumously the Paul Tulane Judge Mark J. Doherty Society Award in honor of A. Lane Mrs. Toni L. Hurley Plauche, a member of the law class Mr. Edmund S. Latour Mr. Luis A. Leitzelar of 1947 and an ardent supporter of Mr. David M. Loper the law school. The Paul Tulane Ms. Marian MacPherson Society recognizes those leaders who Mr. Stanley Mandel Mr. Gary J. McNamara have donated in excess of $1 million Mr. A. Carter Mills IV to support Tulane. Mr. Jeffery D. Morgan Ms. Jacquelyn Morton Mr. Louis L. Plotkin Mrs. Susan H. Richardson Mr. Stephen M. Robinson Mr. Jeffrey E. Sher Mr. Jason P. Waguespack Mr. Michael L. Mancuso CLASS OF 1997 CLASS OF 1999 CLASS OF 1992 Mr. Douglas D. Mandell Ms. Christie J. Foster Ms. Nancy Abudu Mr. Michael L. Barton Mr. Lawrence E. Marino Mr. Dean P. Land Mr. Eric B. Berger Ms. Margaret Riseman Bernstein Mr. David J. McAusland Mrs. Sabrina Huertas Lawrence Ms. Jessica L. Fink Mrs. Patricia E. Campbell-Smith Ms. Elizabeth A. Morehead Mr. William P. McGovern Jr. Ms. Shannon Harrison Huber Ms. Suzanne B. Faris Mr. Dewey M. Scandurro Mr. John B. Noland Jr. Ms. Jana D. Jobes Mrs. April D. Flanagan Mr. David R. Zeigler Ms. Tandy M. O’Donoghue Mrs. Kathryn McGovern Lareau Dr. Phyllis A. Forman Mr. David C. Rieveschl Ms. Kristen L. Melton Mr. John J. Hogerty II CLASS OF 1995 Ms. Maria I. Rosales Ms. Alina Pagani Mrs. Morgan O. Hogerty Mrs. Courtney Ingraffia Barton Ms. Michelle A. Ryan Mr. Anthony A. Pastor Mr. Gladstone N. Jones III Mr. R. Mason Bayler Jr. Dr. David N. Sawyer Mr. Christopher K. Ralston Mr. John P. Kavanagh Jr. Mr. Patrick J. Browne Jr. Mr. William Semko Mrs. Gabrielle Elaine Reeves Dr. Hugh W. Long III Mr. Michael S. DuQuesnay Mrs. Farren Marie Sheehan Smith Mr. Jon M. Richter Mr. Michael D. Namian Mrs. Christel Laine Kelley Mr. Roy G. Spurbeck Mr. John B. Shortess Mr. Jonathan K. Pollack Mr. John A. Lovett Ms. Caroline S. Teisseire Mr. Christian R. Thomas Mr. Walt Roper Mr. Peter A. Lowy Mr. Jason R. Williams Mr. Thomas T. Toland Jr. Mr. Glenn J. Solomon Mr. Andrew T. McMains Mr. Gregory A. Toney Mrs. Stephanie C. Stapleton Ms. Michele M. Merkel CLASS OF 1998 Mr. Paul A. Turner Mr. David J. Staub Ms. Christine E. Parker Mr. Bradley T. Adler Ms. Noel K. Wolfe Mr. Warren K. Zola Ms. Janet P. Peyton Mr. Joseph P. Corcoran Mr. Hector A. Pineda CLASS OF 2000 CLASS OF 1993 Ms. A. Taylor Custis Ms. Lauren Schreeder Ms. Candice Frembling Dykhuizen Mr. Ohad Ben-Yoseph Ms. Amy L. Barton Mr. John W. Sinnott Ms. Nadine Farid Ms. Eliza K. Bradley Ms. Pamela A. Bourque Mr. Larry Stuart Mrs. Kara Van de Carr French Mr. Thomas L. Colletta Jr. Ms. Amy S. Goldstein Mr. Paul A. Sundberg Mr. William D. French Chad R. Corlee Mr. Joseph K. Kelly Ms. Sandra L. M. Gosser Mr. Bryant E. Gardner Mr. Benjamin A. Luke CLASS OF 1996 Ms. Jennifer A. Hamilton Mr. Churchill H. Hooff Mr. Eugene E. Mathews III Mrs. Aimee Kullman Bain Mr. Clyde H. Henderson III Ms. Jennifer Kang Mr. James W. Ouzts Jr. Mr. Jeffrey T. Dana Mr. Steven W. Huang Mrs. Ali L. Karshan Mr. Michael D. Rubenstein Mrs. Kathryn W. Drey Mr. Michael D. Karno Mrs. Colleen F. Laduzinski Mr. Robert B. Frost Jr. Mr. Thomas W. Littman Mr. Steven M. Laduzinski CLASS OF 1994 Mr. Craig R. Isenberg Mr. Gary N. Merson Mrs. Loren M. Marino Ms. Julie M. Aponte Mr. Steven J. Luckner Mr. J. Eric Miles Ms. Virginia M. Monge Ms. Catherine A. Bellordre Ms. Melissa L. Mayer Mr. William Alan Miller Ms. Sheila L. Pearson 2009 FALL Mr. Jack C. Benjamin Jr. Mr. Thomas A. Robinson Ms. Susannah M. Mitchell Ms. Aimee M. Quirk Mrs. Meg Madoc-Jones Bissinger Ms. Dana M. Shelton Mr. Tristan E. Propst Mr. Kenneth B. Schwartz Mrs. Kelly M. Blair Mrs. Deborah Clarke Trejo Ms. Inna S. Shestul

Mr. John A. Stewart Jr. LAWYER TULANE Mr. Louis L. Gertler Mrs. Alina Vazquez Trueba Mr. Craig W. Wise Ms. Laura R. Starling Ms. Heather Scheel Hagemann Mr. Arjun Verma The Hon. Karen Kirshbom Herman Mr. Timothy D. Widman Mr. Stephen J. Herman Ms. Patricia Kojima Mr. Thad N. Leach 59 STUDENTSAREATTHE HEARTOFOURMISSION. YOURGIFTTOTHE TULANELAWFUNDIS ANINVESTMENTINA NEWGENERATIONOF TULANELAWYERS.

CLASS OF 2001 CLASS OF 2003 CLASS OF 2005 CLASS OF 2007 Mr. Jorge Almonte Mr. Ryan E. Beasley Ms. Elizabeth M. Ary Mr. Benjamin S. Allums Mr. Larry E. Altenbrun Mr. Aaron T. Brooks Ms. Mary Christine Barnes Mr. Quinby H. Breland IV Mr. Thomas C. Bogle Mrs. Gerarda Walsh Culipher Mr. Patrick J. Bright Mr. Turner D. Brumby Ms. Katharine Colletta Mr. Roberto Facundus Ms. Lauren H. Brock Ms. Elizabeth R. Carter Mrs. Meredith W. Cook Ms. Deanne Leigh Fults Mr. Brian T. Carney Mrs. Kristy Waldron Dugan Ms. Katie M. Flora Mr. Louis B. Gerber Ms. Suzanne G. Cohen Mr. Joseph H. Escandon Mr. Hans J. Germann Mrs. Susanne Gerber Mr. Neil A. Dubnoff Mr. Justin M. Fossum Ms. Linda Caire Hargrove Ms. Melanie S. Joo Mr. Daniel W. Gillette Mr. Martin H. Genet Ms. Heather L. Hodges Mr. Robert J. Jud Mr. James Michael Graff-Radford Mr. Philip C. Hoffman Mr. Jonathan M. Hyman Mrs. Alison Kirshner Kalinski Mr. Karl A. Herchold Mrs. Ragan Stout Memmott Mr. Jack W. Kennedy Jr. Mr. Eric A. Long Mr. Kimani S. Little Mr. Jonathan S. Moore Mrs. Christy King-Gilmore Mr. Timothy R. Parr Mr. John A. Meade Mr. Thomas P. O’Connor Mrs. Erika Schinler Pearson Mr. Paul W. Pitts Mr. Stephen G. Myers Ms. Avery B. Pardee Mr. Ryan M. Pierce Mrs. Kassandra Slangan Savicki Mrs. Inemesit U. O’Boyle Mr. Chad A. Pilcher Mr. Dan M. Silverboard Mr. Michael F. Savicki Mr. Rory B. O’Halloran Mrs. Kelsey M. Shaikh Mr. Torsten Volkholz Mrs. Mohana Priya Terry Mr. Bret T. Pruehs Mr. Daniel G. Smith Ms. Nicole M. Tortarolo Mr. Halley M. Rechler Mr. Raymond T. Waid CLASS OF 2002 Ms. Evette E. Ungar Mr. Elliot J. Scott Mr. Morgan W. Williams Mr. Royce E. Bancroft Mr. Nicholas K. Vlahos Ms. Erin M. Sine Ms. Leigha O. Basini Mrs. Abney H. Whitehead Mr. Scott R. Usiak CLASS OF 2008 Mr. William H. Berglund Ms. Lea A. Wright Mr. Alexander D. White Mr. Stephen A. Aslett Mr. Thomas Filardo Mr. Gregory S. Binnings Mr. Michael F. Ghozland CLASS OF 2004 CLASS OF 2006 Mr. Aaron D. Buzawa Mr. Jason S. Grauch Ms. Allison Caire-Aucoin Mr. Ryan H. Blackledge Mr. Cade R. Cole Mr. Aaron S. Halpern Ms. Paula M. Cino Mr. Edward N. Boehm Mr. Christopher F. Deboard Mrs. Wendy F. Halpern Mr. S. Jason Comer Mr. Jeffrey C. Brooks Mr. Aaron B. Greenbaum Mr. Clinton J. Helmke Ms. Jasminder Deol Mr. Patrick J. Dempsey Mr. Alexander K. Kriksciun Mr. Nghia Huynh Mr. John M. Dorsey Mr. Corey E. Devine Ms. Julia M. Lake Mr. Christopher C. Land Ms. Emily E. Eagan Mrs. Meredith Byars Grabill Mr. Porter H. Nolan Ms. Denise M. Lang Mr. Andrew T. Hartsfield Mr. Houston W. O. Howell Ms. Brittany M. Olson Ms. Laura N. Monfredini Mr. Don Y. Kim Ms. Danielle E. Hunter Mr. Claiborne B. Smith Mr. Micah Nessan Mr. John W. Pint Ms. Stephanie E. Kinzel Mr. Christopher M. Ott Mr. Harley V. Ratliff Mr. Cliff A. Lacour CLASS OF 2009 Mrs. Mary Munson Ott Ms. Emily B. Smith Mr. Charles S. Lowther Mr. Galen M. Hair Mr. Thomas P. Owen Jr. Ms. Kara G. Thorvaldsen Mr. Mark M. Newberg Mr. Sakkapol Vachatimanont Mrs. Punam P. Prahalad Ms. Nikki Adame Winningham Mr. Brian L. Radcliffe Mr. Andrew L. Ridenour Mr. Matthew C. Reeber Mr. Eric B. Rochkind Mr. Jefferson K. B. Stancill Ms. Stephanie E. Smith Mr. Adam J. Swensek FALL 2009 Ms. Alice E. Weiss Mrs. Tara Conklin Weiss TULANE LAWYER 60 Mr. & Mrs. Kazimierz J. Herchold FACULTY FRIENDS Mr. William H. Hines Mr. & Mrs. Eric V. Hoskinson ANDSTAFF ANDFAMILY Mr. D. Douglas Howard Jr. We are grateful to the following We recognize and thank the following Mrs. Louise T. Kepper members of the Tulane University parents, family and friends of Tulane Ms. Deborah Kinnaird Dr. Christopher M. Kramer community, including full-time and Law School for their generous support Mr. Daniel R. Kramer adjunct faculty members and staff, in the 2009 fiscal year. Mrs. Sandra S. Kramer who made gifts to Tulane Law School Mr. Thomas Kriksciun in the 2009 fiscal year. Anonymous Mrs. Merrilee W. Kullman Mr. Thomas P.Ackerman James B. Lam, MD Mr. Robert B. Acomb Jr. Mr. H. Mark Adams Mr. Richard L. Levy III Assistant Dean Jerome J. Anderson Mr. Edwin L. Adriance Mr. Walter N. Lewis Professor Adam Babich Mr. & Mrs. Peter Andel Mr. & Mrs. Charles Malachias Professor Paul L. Barron Mrs. Elizabeth Arden Dr. & Mrs. Powlin V. Manuel Provost Michael A. Bernstein, PhD Mr. Robert Baratt Mrs. Barbara Cohn Marcus Ms. Marie E. Breaux Professor & Mrs. Paul L. Barron Mr. Edward C. Mathes Ms. Ellen J. Brierre Mrs. Margaret S. Benjamin Dr. Julio C. Mendez Mr. Michael M. Butterworth Mr. & Mrs. Elston H. Bergen Ms. Eileen M. Milloy Professor Jeanne Louise Carriere Mr. Kenneth R. Bowen Mr. & Mrs. Chris Morrow Ms. Michele Saunders Certoma Mrs. Ellen J. Brierre Mr. Robert W. Nuzum Professor Harvey C. Couch III Mr. Peter E. Chalke Mrs. Patrice M. & Mr. Jonathan R. Page Mr. Leonard A. Davis Mr. & Mrs. Tom V. David Mrs. Mary Jane Phillips Professor Onnig Dombalagian Mrs. Gayle S. Denègre Mrs. Betty June Loper Ramey Ms. Nicole J. DePietro Mrs. Rosemary G. Deutsch Mr. Bennett Rechler Ms. Cathy L. Dunn Ms. A. V. Dodd Mr. & Mrs. Morton Rechler Mr. Thomas M. Flanagan Mr. Patrick F. Donovan Mr. Jim Reeves Professor Robert Force Ms. Karen Durante Dr. Judith Rodin & Mr. Paul R. Verkuil Mr. William R. Forrester Jr. Ms. Marlene R. Duronslet Mrs. Isabel L. Rodriguez Mr. Michael J. Harrington Mrs. Glen D. Eagan Ms. Naomi Schepp Mr. Stephen J. Herman Mr. Calvin C. Fayard Jr. Mrs. Marie M. Schlesinger Professor Janet C. Hoeffel Mr. Fritz L. Felchlin & Mrs. Gayle Ira & Susan Schulman Professor David R. Katner Denègre Felchlin Ms. Catherine Shaghalian Michael P. Kiernan, MD Mr. Martin L. C. Feldman Jr. Mr. Leopold Z. & Mrs. Karen B. Sher Dean Susan L. Krinsky & Dr. Hugh W. Long III Mr. Robert L. Felix Mr. & Mrs. Clay B. Smith Professor Herbert V. Larson Jr. Mr. Thomas J. Fischer Mr. Richard A. Smith Mr. Robert Leard Professor Robert Force Mrs. Mary Ellen Stancill Ms. Lynn Luker Mr. Richard W. Freeman Jr. Dr. & Mrs. Allen H. Stern Ms. Jacquelyn Morton Mr. & Mrs. Fritz Fromherz Mrs. Karen Swift Mr. Max Nathan Jr. Ms. Jinx Glas Fromme Ms. Judith J. Trotta Mr. Robert W. Nuzum Mrs. Anne Barrios Gauthier Mrs. Virginia W. Voelker Mr. Rudolph R. Ramelli Dr. & Mrs. Charles G. Glaser Ms. Beryl B. Wade Mr. Andrew Romero & Ms. Catherine Lasky Mrs. Doretta Goldberg Mrs. Dorothy A. Wall Professor Cynthia A. Samuel Mrs. Beth Gumina Ms. Catherine R. White Professor Stacy Seicshnaydre Mrs. Judy Glas Haller Mrs. Pam Woodard Ms. Dana M. Shelton Mr. & Mrs. Stan Hansen Mrs. Iris Yang Mr. Lloyd N. Shields Mrs. Dorothy A. Hartsfield Ms. Barbara J. Ziv Mr. Charles F. Thensted Ms. Charlotte B. Travieso Ms. Lizbeth Ann Turner Mr. Jason P. Waguespack LITTL EBY LITTL EMAKESABIGDIFFERENCE Mr. Kenneth A. Weiss Giving in installments is helping many donors, especially younger alumni, Ms. Georgia T. Whiddon make a bigger impact with their donations to Tulane Law School. How can you AL2009 FALL Mr. Paul L. Zimmering spread your gift over time? Simply visit www.law.tulane.edu/giving and make your donation to the Tulane Law Fund using our secure online giving system. Using a credit or debit card online allows you to spread your donation over several months or a full year. Many donors are choosing to step up their giving LAWYER TULANE to the level of our Law Fellows Society (with gifts of $1,500 or more) by hav- ing their donation automatically debited at $125 monthly. Not giving yet? Why not start with $50 a month? It’s like buying dinner for an old friend.

61 MATCHING GIFTS Our thanks to the following corporations that have generously matched employee gifts to Tulane Law School. Air Liquide USA LLC Akin, Gump, Strauss, Hauer & Feld LLP Analog Devices, Inc. Ashland Oil Foundation, Inc. AT&T Foundation Baptist Community Ministries The Booth-Bricker Fund Brown-Forman Corporation Carillon Point Account Chevron Humankind Program Frederic W. Cook & Company, Inc. Covington & Burling Dell Eaton Charitable Fund ExxonMobil Foundation Alan M. Liebowitz Esq., LLC Federal National Mortgage Assn. FIRMS, FOUNDATIONS Liskow & Lewis Fidelity Foundation Louisiana Board of Regents ANDCORPORATIONS Freeport-McMoRan Foundation Louisiana City Attorneys’ Assn. KPMG Foundation We recognize the following firms, foundations, Louisiana Outside Counsel Health & Marathon Ashland Petroleum LLC Ethics Foundation corporations, and donor-advised funds for their support Northrop Grumman Foundation Lynn Luker & Associates, LLC of Tulane Law School. Proskauer Rose, LLP The Mahaffey Apartment Company Regions Financial Corporation BAR/BRI Corporation Marine Insurance Seminars, Inc. The Rockefeller Foundation Baton Rouge Area Foundation Marmillion & Company Shell Oil Company Foundation The Campbell Foundation The McKnight Foundation Shook, Hardy & Bacon LLP Christopher A. Thigpen, LLC Mintz-Easthope Foundation Skadden, Arps, Slate, Meagher & Flom LLP Jacques and Emy Cohenca Foundation, Inc. Charles Stewart Mott Foundation SUEZ Energy Resources NA, Inc. The Community Foundation of South Alabama Munch & Munch PA Thompson & Knight Foundation Law Office of Chad R. Corlee, LLC National Audubon Society Inc. Thomson Tax & Accounting Deer Creek Foundation Open Society Institute UBS Warburg LLC Eason-Weinmann Foundation Pan American Life Insurance Company United Parcel Service of America Fidelity Charitable Gift Fund Persson & Cohen, PA Verizon Foundation FJC Phelps Dunbar, LLP Wachovia Bank Charitable Funds Management L. Albert Forrest, Inc. David & Cindy Pogrund Charities, Ltd. The Xerox Foundation Evan Frankel Foundation Rapport, Meyer, Whitbeck, Shaw & Friedman Foundation Rodenhausen LLP Friendly Finance Discount Corp. The Stanley W. Ray Jr. Philanthropic & Wendell & Anne Gauthier Family Foundation Civic Trust Gordon, Arata, McCollam, Duplantis & The Rechler Family Foundation, Inc. Eagan, LLP Reeves & Davis Every effort has been made to The Greater New Orleans Foundation Rittenberg Family Foundation The Henry M. Jackson Foundation for the Rocky Mountain Mineral Law Foundation list the Honor Roll of Donors Advancement of Military Medicine, Inc. The RosaMary Foundation correctly. If we have failed to Jewish Endowment Foundation Roussel & Clement list your name or gift properly, Johnson & Johnson Roy & Roy Jones, Walker, Watcher, Poitevent, Carrère Schwab Charitable Fund please accept our sincere & Denègre Self Foundation apology. You may contact Shields Mott Lund LLP Kambur Law Firm Michael Harrington at FALL 2009 Knickerbocker Republican Club Sierra Club Lake Pontchartrain Basin Foundation Skadden, Arps, Slate, Meagher & Flom LLP [email protected] or The Law Offices of Matt Greenbaum Law Office of Farren Smith 504-865-5993 to report any Staed Family Associates, Ltd. Lemle & Kelleher LLP errors we have made. James R. Leonard A Law Corporation UNAIDS The Sherry & Alan Leventhal United Way of Miami-Dade, Inc.

TULANE LAWYER Family Foundation The Law Offices of Arjun Verma 62 WAYSOFGIVINGTO TULANELAWSCHOOL

ULANE LAW SCHOOL educates tomorrow’s hiring the best faculty and leaders today, and investing in our programs and recruiting the best students. students represents one of the best charitable con- Donors also may establish an tributions an individual can make. From communi- endowed fund in their lifetime tyT service to scholarships to cutting edge academic inquiry, using outright gifts or pledges, your giving advances the interests and priorities of the institu- and then further build their tion. There are many ways to make a charitable gift or pledge named fund later through a to support the law school. bequest or other deferred gift.

GIVINGTOTHETULANELAWFUND LIFEINCOMEGIFTS Because it supports every aspect of the law school’s operations, Especially appealing to seniors the easiest and perhaps most leveraged way to support the law are the many charitable gift school is through outright giving to the Tulane Law Fund. Gifts options for individuals to plan a may be made to our annual fund by check or credit card using deferred gift to the law school, the envelope included in this issue of the Tulane Lawyer. Gifts which also produces an income also may be made online at www.law.tulane.edu/giving, where stream for themselves or loved donors may choose to donate using automatic monthly dona- ones. Through a life income tions via credit or debit card. plan, in exchange for your gift, Donors also may choose to give appreciated securities as the plan will make lifetime pay- part of their contribution to the law school. Gifts of stocks that ments to you, your spouse, or have increased in value provide a tax-wise way for donors to anyone you name, and the contribute. Donors who give appreciated stocks receive full remainder will pass to Tulane for the purpose you specify. The credit for the net value of their donations and, at the same time, amount projected to pass to Tulane is usually tax deductible. potentially avoid the capital-gains taxes that might come if they Another popular example, the charitable lead trust, may be set simply sold their shares outright. up with initial donations by an individual, after which the trust then will make payments to Tulane for a specified period, and RESTRICTEDGIVING then the assets in the trust will pass to the donor’s named bene- Many times a donor knows exactly what they want to fund. The ficiaries, usually children or grandchildren. (A lead trust can law school welcomes gifts to support our endowed scholarships, result in substantial gift and estate tax savings.) the library, and the many public interest programs and clinics that form part of the hallmark of the Tulane experience. The best BEQUESTS way for a donor to make a restricted gift to a specific program is Donors may include Tulane Law School as a beneficiary of to contact the law school’s development office. their estate, and charitable bequests are tax-deductible for estate tax purposes and can be structured in many ways. ENDOWEDGIFTS Sample bequest language is available from the law school’s There is no greater way to leave a lasting legacy at the law development office. school than through the creation of an endowed fund. Whether 2009 FALL for student scholarship or to underwrite a faculty position, a named endowed fund serves in perpetuity as a living memorial To discuss these options, learn more about other ways to UAELAWYER TULANE at the law school. Endowed funds are managed by the universi- support Tulane Law School, or simply make a gift to the law ty for the preservation of capital and to support designated school, contact Andy Romero, senior director of development, programs through an annual payout. In tough economic times, at Tulane Law School: 504-862-8559 or via e-mail at endowed funds serve as bulwarks to preserve our progress in [email protected].

63 TAXTOPICSFORTHEPHILANTHROPI C: AN ATTORNEY’SGUIDE

GIFTANNUITIESPROVIDECERTAINTYINUNCERTAINTIMES BYLIZBETHTURNER (L’8 5 )

haritably-inclined investors whose risk tolerance was to pay a fixed amount at least annually to the donor or to tested by the market’s volatility may want to consider annuitants designated by the donor. The remaining principal Ca charitable gift plan that provides the certainty of passes to the charity when the annuity ends. No trust is fixed income. involved, so a gift annuity can be established easily and main- The charitable gift annuity is a simple contract by which tained with little expense. a donor gives assets (usually cash or marketable securities) to The chart below illustrates the maximum rates currently a charity in exchange for a lifetime annuity. The charity agrees offered for gift annuities established with Tulane.

BENEFITSOFESTABLISHING MAXIMUM ANNUITY RATES FOR ONE LIFE MAXIMUM ANNUITY RATES FOR TWO LIVES AGIFTANNUITYWITHTULANE AGE OF ANNUITANT RATE AGE OF ANNUITANTS RATE • Fixed payments guaranteed by Tulane for the life of one 65 5.3% 65/70 5.0% or two annuitants • Satisfaction of providing significant philanthropic support 70 5.7% 70/70 5.2% • Immediate income tax deduction 75 6.3% 70/75 5.3% (for those who itemize deductions) • Partial tax-free payments in most cases 80 7.1% 75/75 5.6% • Favorable capital gains tax treatment if the donor is one 85 8.1% 80/80 6.1% of the annuitants 90 9.5% 80/85 6.5% • Estate tax savings

Some donors prefer a lower rate than the maximum because the charitable income tax deduction increases as the rate decreases. FORMOREINFORMATION Note that Tulane may not be able to enter into gift annuity about gift annuities and other life income plans agreements with annuitants in certain states because of state offered by Tulane, contact Tulane’s Office of law restrictions. Planned Gifts at 800-999-0181, 504-314-7377, or [email protected]. EXAMPLE Bill, age 75, donates $50,000 cash to Tulane in exchange for Please visit Tulane University’s planned giving a gift annuity that will pay him an amount equal to 6.3% of the website at www.plannedgiving.tulane.edu. donated amount for his lifetime, and then will benefit Tulane Law School. Annual payment amount: $3,150 Estimated tax deduction*: $22,440 FALL 2009 How payments are taxed each year*: $2,224 tax-free and *Note: These amounts are estimates and depend on the IRS discount $926 taxed as ordinary rates in effect when the gift is made. Gift annuities benefiting annui- income for 12.4 years; tants other than a donor may result in a taxable gift. then entire annuity

TULANE LAWYER becomes ordinary income. 64 SAVETHEDATES

DATETIME EVENTTITLE LOCATION

Dec. 29–30 9 a.m.–5:30 p.m. Tulane Law School’s 20th Annual CLE-by-the-Hour Tulane Law School (TLS)/ John Giffen Weinmann Hall (WH)

Feb. 8 5 p.m. Dermot S. McGlinchey Lecture Room 110, TLS/WH “The Construction Zone” Prof. Lawrence Solum, Univ. of Illinois College of Law

Feb. 24 6 p.m. William Tetley Maritime Law Lecture Room 110, TLS/WH “21st Century Piracy and the Taking of the Maersk Alabama” Capt. (Ret.) Gordan van Hook, Sr. Dir., Innovation and Concept Development, Maersk Line, Ltd.

Mar. 1 5 p.m. Wendell H. Gauthier Lecture Room 110, TLS/WH “James Carville Looks at American Politics” Prof. James Carville, Tulane University

Mar. 8 5:30 p.m. Eberhard P. Deutsch Lecture Room 110, TLS/WH “International Criminal Justice and the International Criminal Court: Why Should America Care” Prof. Leila Nadya Sadat (L ’85), Washington Univ. School of Law

Apr. 9–11 TBA Tulane Law Clinic 30th Anniversary Weekend Location TBA

Apr. 10* TBA Law Class of 2005, 5th Reunion Location TBA Law Class of 2000, 10th Reunion Law Class of 1995, 15th Reunion Law Class of 1990, 20th Reunion

Apr. 15–16 8 a.m.–5:30 p.m. Tulane Law School Corporate Law Institute Roosevelt Waldorf Astoria Hotel New Orleans

Mid-April* 11:30 a.m. New Orleans Alumni Luncheon The Ritz-Carlton New Orleans

May 14–16* TBA Law Class of 1960, 50th Reunion Location TBA

May 15 TBA Unified Commencement Louisiana Superdome Tulane Law School Diploma Ceremony McAlister Auditorium

For more information on Continuing Legal Education (CLE) events, call 504-865-5900 or visit www.law.tulane.edu/cle.

*For details regarding class reunions, or to confirm times and locations of all the happenings listed above, please contact Ellen Brierre, law school alumni affairs manager, at 504-865-5920 or via e-mail: [email protected]. NON-PROFIT ORGANIZATION U.S. POSTAGE PAID NEWORLEANS,LA PERMITN O. 2 6 9 7 TULANEUNIVERSITYLAWSCHOOL JOHNGIFFENWEINMANNHALL 6329 FRERET STREET NEW ORLEANS, LA 70118

ADDRESSSERVICEREQUESTED

ADDRESSUPDAT E/CLASSNOTE “The Tulane Law Fund is not Send class notes to Ellen Brierre, manager, law school alumni affairs E-mail: [email protected] a lagniappe; it is a core and Fax: 504-862-8578 essential component of the Mail: Tulane University Law School, 6329 Freret St., New Orleans, LA 70118 Web: http://tulane.edu/alumni/updateyourinfo.cfm law school’s budget for the dean and his administration.” Name______Class Year______

Home Address______Interim Dean City______State______Zip______

Stephen M. Griffin Phone ______Is it new?______

Employer ______

Employer Address ______

City______State______Zip______

Phone ______Is it new?______

E-mail ______

Comments ______

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