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Loyola Lawyer LOYOLA UNIVERSITY NEW ORLEANS LAW MAGAZINE

SPRING 2009

Moot Court Mastery

STUDENT-RUN PROGRAM BUILDS SKILLS, CAMARADERIE

2009 GRADUATES APPLAUDED • TRIAL ADVOCACY PROGRAM SHINES CLE PLAY BRINGS CHIEF JUSTICE TO LIFE • LAW REUNION CELEBRATES ALUMNI


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LOYOLA UNIVERSITY NEW ORLEANS Loyola University New Orleans President The Rev. Kevin Wm. Wildes, S.J. Dean Brian Bromberger Associate Dean for Academic Affairs The Rev. Larry Moore, S.J. Associate Dean for Student Affairs Stephanie Jumonville, L’86 Assistant Dean of Admissions and Minority Affairs K. Michele Allison-Davis Vice President for Institutional Advancement Victoria A. Frank Associate Vice President for Major Gifts Chris Wiseman, A’88 Assistant Vice President for Marketing Terrell F. Fisher, A’76 Loyola Lawyer Editor/ Publications Editor Ray Willhoft, A’00 Loyola Lawyer Designer/ Publications Coordinator Theresa Ryan, A’00 University Photographer Harold Baquet Senior Major Gift Officer College of Law Suzanne Valtierra Law Alumni and Development Officer Alice Glenn Director of Public Affairs and External Relations Meredith M. Hartley Communications Coordinator James Shields Contributors Katie Massimini Amy Ferrara Smith, A’04 Photo Contributors Glade Bilby Dan Helfers, B’09

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Loyola Lawyer LOYOLA UNIVERSITY NEW ORLEANS LAW MAGAZINE

Vol. 5 • No. 1 • Spring 2009 • www.law.loyno.edu

COVER FOCUS 6

Moot Court Mastery

FEATURES 14

Trial by Fire

18

Father Chief Justice

20

From the Courtroom to the Classroom

DEPARTMENTS 10

On the Record

22

Alumni News

26

Alumni Events

28

Faculty News

31

Faculty Profile

Loyola Lawyer is published bi-annually for Loyola University New Orleans College of Law alumni and friends. Please address correspondence to: Loyola Lawyer 7214 St. Charles Avenue, Box 909 New Orleans, LA 70118 News and photographs for possible use in future issues may be submitted by readers.

POSTMASTER: Send address changes to: Loyola Lawyer Loyola University New Orleans 7214 St. Charles Avenue, Box 909 New Orleans, LA 70118

Loyola University New Orleans has fully supported and fostered in its educational programs, admissions, employment practices, and in the activities it operates the policy of not discriminating on the basis of age, color, disability, national origin, race, religion, sex/gender, or sexual orientation. This policy is in compliance with all applicable federal regulations and guidelines.


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Message from the College of Law Dean This past academic year, our students have continued to shine and earn praise for their achievements. The National Moot Court Team won first place at the Region VII National Competition, and reached the Final Four at the national finals in New York City, N.Y. Loyola’s Trial Advocacy Team was the runner up in the American Association of Justice Regional Trial Competition in Atlanta, Ga. Loyola also had the honor of hosting and coordinating the 2009 Texas Young Lawyers Association (TYLA) Competition at the Eastern District of Louisiana Courthouse in New Orleans, La., which was a great success. The Loyola Institute of Continuing Legal Education (CLE) sponsored Father Chief Justice: E.D. White and the Constitution, which portrayed the life of Edward Douglass White, born in Bayou Lafourche, La. In the play, White was played by four different people: retired Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr., L’54, H’91; retired Justice Harry T. Lemmon, L’63; Harry S. Hardin, III; and Professor James D. Hardy, Jr., of the LSU History Department. Several local judges and lawyers also participated in the play, which received enthusiastic acclaim. This semester sees the retirement of Professors Gerard Rault, David Normann, and Dennis Rousseau. Many of you have had the pleasure of attending their classes, and the entire Loyola family wishes them well in their retirement. As always, our alumni remain an integral part of the college. In November, we celebrated Law Reunion 2008, and in February, we held the Annual Law Alumni Luncheon, where Retired Judge Calvin Johnson, L’78, alumnus and adjunct professor, was awarded the 2009 St. Ives Award, the highest honor awarded by the College of Law Alumni Association. It is only through the continued support of our alumni that we maintain our level of excellence both inside and outside of the classroom. Through your generosity and dedication to Loyola, we are able to continue providing our students with a first-class legal education, as well as prepare them for the challenges they will face upon graduation. As our new graduates will soon learn, an education will take you far in life, but a Loyola education will ensure that life is meaningful.

—Brian Bromberger College of Law Dean Judge Adrian G. Duplantier Distinguished Professor of Law

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SKILLS CURRICULUM COURSE VOLUNTEERS During the fall 2008 semester, Loyola law students were given the opportunity to take a wide variety of “learn-by-doing” Skills Curriculum workshops. Loyola College of Law and Pat Phipps, director of the Skills Curriculum, would like to extend sincere appreciation to the following volunteer Skills faculty. The Anatomy of a Construction Case Gordon F. Wilson, Jr.; Wilson, Bowling & McKinney (ret.) Motion Practice Bobby J. Delise; Delise & Hall, L.L.C. Mediation Skills Workshop Donald C. Douglas, Jr.; Middleberg, Riddle & Gianna Deposition Skills Workshop William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C. Trial Tactics William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C. Alternative Dispute Resolution Wayne M. Babovich; Babovich & Spedale Representing the Federal Criminal Defendant Marion D. Floyd; Attorney at Law Fundamentals of Arbitration Joseph C. Peiffer; Correro, Fishman, Haygood, Phelps, Walmsley & Casteix, L.L.P. Kirk Reasonover; Reasonover & Olinde Negotiation Techniques Bobby J. Delise; Delise & Hall Closing the Real Estate Transaction Deborah D. Davis; Elkins, P.L.C. First Amendment Issues Facing the Media Loretta G. Mince; Correro, Fishman, Haygood, Phelps, Walmsley & Casteix, L.L.P. The Medical Malpractice Case Charles O. Taylor; Chehardy Sherman Ellis Murray Recile Griffith Stakelum & Hayes, L.L.P. Pleadings Drafting Erin F. Lorio; Perigine & Lorio, L.L.C. Amanda W. Cox; Perigine & Lorio, L.L.C. Using the Internet for Legal Research Brian Huddleston; Senior Reference Librarian, Loyola Law Library Creative Problem Solving Techniques Adolph J. Levy; Attorney at Law Practical Legal Research Francis X. Norton; Associate Professor/Librarian, Loyola Law Library

Foreign & International Legal Research Nona K. Beisenherz; Foreign & International Librarian, Loyola Law Library Winning in the Beginning Power, Passion, & Persuasion in the Opening Statement Dominic J. Gianna; Middleberg, Riddle & Gianna Using Demonstrative Evidence at Trial Marion D. Floyd; Attorney at Law Using the Internet for Legal Research Brian Huddleston; Senior Reference Librarian, Loyola Law Library The Professional in Practice Val P. Exnicios; Liska, Exnicios & Nungesser Charles P. Plattsmier; Chief Disciplinary Counsel, LA State Bar Justice Bernette Joshua Johnson; Associate Justice, Supreme Court, 7th District The Hon. Ether Simms Julien; Chief Judge, Civil District Court The Hon. Max N. Tobias; Judge, Court of Appeal, 4th Circuit S. Guy Delaup, A.P.L.C. Effective Appellate Writing Renee F. Smith; Goins Aaron, A.P.L.C. Handling the Criminal Case 24-Hour Bail, Motion Practice, & the Trial The Hon. Joseph Giarrusso, Jr.; Magistrate Commissioner, Div. 5 (ret.) Mediator, MAPS, Inc. Karla Baker; Regan & Associates, P.L.C. Hunter Harris; Jacobs, Sarrat & Lovelace Andrew Duffy; Staff Attorney, Orleans Public Defender (OPD) Developing the Theme & Theory of the Case William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C. Entertainment Law Negotiation Mark J. Davis; Eveline, Davis & Phillips Gregory P. Eveline; Eveline, Davis & Phillips The Art of Persuasion William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C. Making Sense Out of Administrative Alphabet Soup LHWCA, OCSLA, DBA, WHA The Longshore Defense Base Act Workers’ Comp for Civilian Workers in Afgahanistan & Iraq The Hon. Kerry J. Anzalone; Administrative Law Judge, Office of Adjudication & Review, Social Security Administration

Legal Letters—Communication for Lawyers Warren Horn; Heller, Draper, Hayden, Patrick & Horn, L.L.C.

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Moot Court Mastery STUDENT-RUN PROGRAM BUILDS SKILLS, CAMARADERIE BY KATIE MASSIMINI

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n the nearly 60 years that the College of Law students have participated in moot court, they have enjoyed great success. The student-run Moot Court Program has

garnered awards, respect, recognition, and support locally and across the nation,

and has given its students the experience and exposure essential to successful careers.

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Louisiana Supreme Court justice. “Moot Court has done so much for me, how can you Winners of these intramural rounds are not announced put a marker on it? I know I can go toe-to-toe with anyone until the annual Moot Court Banquet each spring. At the as a result of my experience with the program,” says Roger banquet, the current Moot Court Board introduces the Javier, L’98, of The Javier Law Firm in New Orleans. He teams for the following year and announces the new participated in the Moot Court Program as a student, as a members of the board. The best oralist and best brief writer teammate, and as a board member. from the intramural competition are also honored. The mission of Loyola’s Moot Court Program is to foster the art of appellate advocacy with responsiveness and enthusiasm through team advancement, academic support, and community involvement, thereby enhancing national recognition and pride among its members. For Moot Court John Garrett, third-year law student and chair of the members, behind that mission lie hours of practice, research, Moot Court Board, outlines several benefits of the program. practice, writing, and more practice, not to mention “First and foremost, it’s a coursework and everything else completely student-run that goes into a typical law organization, which I believe is student’s semester. What’s more, fairly unique to our program,” he Loyola law students are involved “Law careers are shaped by moot court says. Unlike many programs, with the Moot Court Program participation. Employers, locally and Loyola’s Moot Court teams are from the moment they set foot on nationally, notice that moot court coached by fellow students. He campus to the day they graduate. continues, “Moot Court is a Loyola’s established success in experience, and it gives our students different degree of confidence moot court has become a draw for an edge in the job market.” and experience. The program prospective students. “The Moot builds an unprecedented level of Court Program absolutely — Professor Monica Wallace, L’98 teamwork and camaraderie, and influenced my decision to come. it allows students to develop Before coming to law school, I knowledge of unfamiliar issues had done a lot of public and and apply it in a short amount of time,” all qualities essential motivational speaking, and so litigating in court was definitely to future success. an objective of mine. The opportunity to participate in such Javier served as the first second-year student to ever a prestigious program, and learn from faculty and student coach a national team. “Loyola’s Moot Court Program is a experts, was a huge advantage I sought,” says Chris Otten, very unique and distinct program. When you see lawyers third-year law student and national team oralist. At most law schools, involvement in moot court is extracurricular. At Loyola, it is built into the coursework. All first-year law students are required to take the Legal Research and Writing course, where they learn to research and analyze cases. During their second semester, students take the Moot Court class, where they prepare appellate briefs and appeals. This class culminates in an exam consisting of a final brief and oral argument. The top 10 percent, usually 25 to 30 students, become Moot Court staff. According to Professor Monica Wallace, L’98, Moot Court adviser and a former Moot Court member, one of the greatest challenges comes when the students enter the intramural rounds because they must argue the other side each time they advance, swapping up to five times. As the students continue to compete, the top four and an overall winner are chosen. This final event is judged locally by a

Benefits and Rewards

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who have participated in a moot court program in a courtroom setting, you see how astonishingly well prepared and very well organized they are. Their organizational skills are unmatched.” Richard Brown, third-year law student and national team oralist, also finds the program rewarding for the confidence it builds. “When you argue in front of a judge that has been sitting for 20 years, and he or she tells you that you are one of the best advocates he or she has ever seen, that makes you feel much more confident about stepping into the legal profession. It’s a stamp of approval that reaffirms that this is what you were meant to do.”

Academic Support

The two courses which first-year law students take provide the classroom foundation for the rest of their Moot Court careers. These classes are taught by Westerfield Fellows—instructors who teach first-year law students as well as publish scholarly articles, all under the guidance of faculty mentors. As Moot Court members move on to their second and third years, the formal coursework is left behind, but they still are supported by faculty (as well as alumni and other local practitioners). Law faculty serve as judges during Moot Court team practices and exhibitions, and serve as subject matter experts.

Community Involvement

Every student who makes it into the program plays a vital role in its current and future success. While the Moot Court teams may be the most visible part of the program, there are other members of Moot Court staff who are charged with running the program, organizing events, and reaching out to alumni. The Moot Court Board, led by Garrett, is made up of Tommy Cantrell, selection committee chair, who coordinates the first-year intramural competition, and Mary Nell Bennett, alumni chair, who organizes fundraising efforts and events such as the annual Moot Court Golf Tournament and Banquet. Rounding out the board are four coaches: national team coach Leigh Anne Gilchrist, and three fall/spring team coaches, Amanda Baxter, Sarah Broussard, and Patrick Cole. Moot Court members, as well as faculty and local alumni, also take part in hosting events such as the Region 8

VII national team tournament held in New Orleans last November.

Team Advancement

Moot Court teams have enjoyed considerable success, and all students involved in team competition spend countless hours preparing for their events. The teams compete in nearly a dozen competitions throughout the year. This year’s spring teams competed on topics as such bankruptcy law—placing in the top 16 with a top-five brief—evidence law, and first amendment law, as well as took part in the local Mardi Gras Invitational Sports Law Competition—placing in the top eight with a top-two brief—and the National Moot Court Competition. “We choose our competitions based on diversity of location, diversity of subject, and strength of competition. We have a strong academic base from which our students then exhibit extraordinary dedication to the teams,” says Wallace. “This program, especially preparing for competition, has honed my issue-spotting abilities. I can analyze a set of facts or scenarios, spot their strengths and weaknesses, and see how they will swing in my favor. Competition is extremely challenging, but fun,” notes Garrett.

National Team, National Competition

This year’s national team was made up of coach Leigh Anne Gilchrist, oralists Richard Brown and Chris Otten, and brief writer Katie May, all third-year students. The team LOYOLA LAWYER


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advanced through regional competition (which started with 189 teams) and made it to the final four, beating out the Kansas Jayhawks and fellow Jesuit university Loyola Chicago. The National Moot Court Competition is co-sponsored by the New York City Bar Association and the American Trial Lawyers Association. Each year, law schools compete in regional competition throughout the U.S., with the winners advancing to the final rounds held early each year in New York City, N.Y. “I was so proud of how well we did in the competition,” says brief writer Katie May. “As we continued to advance, we just felt as if our mojo was working and it was Loyola’s time to shine. We really felt that we were going to take it all the way to the finish line.” Gilchrist, who had been having nightmares leading up to the competition (including one in which Brown did not arrive in time to compete), made sure the whole team was back at the hotel two hours before competition. “The highlight of my trip was making it into the top four, something that has not been done by a Loyola team in many years,” she says.

Moot Court Past and Present

Loyola’s involvement in moot court dates back to the 1950s. College of Law Professor Emeritus Marcel Garsaud, Jr., LL.M., B’54, L’59, H’04, was a student at Loyola when the university’s involvement in moot court was minimal. According to Garsaud, Dr. Brendan F. Brown, who served as dean of Catholic University’s law school, likely brought the idea of moot court participation to Loyola when he came here to teach in 1954. “In those days, there was a voluntary freshman program. In the fall of my second year, Dr. Brown tapped a group of us to be the national team,” says Garsaud. In 1957, Garsaud, George E. Merritt, B’53, L’59, and Eugene J. Murret, A’54, L’59, made up Loyola’s national team. The following year, Garsaud competed again alongside Merritt and Anthony J. Capritto, B’53, L’59. Fast forward a decade or so. Garsaud was at Loyola, this time serving as dean of the Law School. “In the early ’70s, one of the team members, after regional competition, came back and told me that the school hosting the competition had a very structured Moot Court Program.” At that point, Loyola Law School was becoming more involved in competition, and the student suggested that they set up a governing group with a structure which paralleled the

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Loyola Law Review Board. Garsaud says, “I told him that it was a good idea, and asked him to make a presentation to the full faculty. The faculty approved his idea, and the Moot Court Board was established the next year. Two years later, we won the national title.” It was the 1974 team of Alexander F.X. Matulewicz, L’76, Joseph A. Mengacci, L’76, and Patrick E. O’Keefe, A’72, L’75, who won the National Moot Court Competition. As years passed, the Moot Court Program continued to evolve. In the 1980s, a formal Moot Court curriculum was created. More recently, a scholarship fund for the Moot Court Board was established.

Alumni Involvement

Gilchrist praises the involvement of Loyola’s law alumni for their support of the Moot Court Program. “I know the national team would not have done so well without the help of Loyola alumni who were willing to take time out of their busy schedules to practice with us. We had many alums who opened up their law firms to us, and recruited their colleagues to practice with us and prepare us for competition. Without their support and help, I know we would not have done as well.” Javier, whose firm sponsors a team in the golf tournament, also enjoys giving back by helping judge local competitions. “I love to have the students give me a challenge and move fluidly through their arguments. This program has made a meaningful impact on my career, and I feel it is important to give back,” he says.  Alumni participation and gifts are essential to the Moot Court Program’s continued success. To make a gift, contact Suzanne Valtierra at smvaltie@loyno.edu or (504) 8615442. To volunteer your time, call the Moot Court Office at (504) 861-5648.

“Loyola is known for its continued successes and professionalism which enhances pride among its members and brings great credit to the college and the university.” — College of Law Dean Brian Bromberger

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Commencement 2009 celebrates new graduates ore than 200 students received their hard-earned juris doctor degrees on May 15 from the College of Law. The Graduation Mass was held in Holy Name of Jesus Church, and the College of Law Commencement was held in the New Orleans Morial Convention Center Auditorium. Faculty and staff were all on hand to make sure the events ran smoothly and to congratulate the graduates. The featured commencement speaker was Neal Kaytal, the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law School. In June 2006, the Supreme Court sided with Kaytal in Hamdan v. Rumsfeld, finding that President Bush’s tribunals violated the constitutional separation of powers, domestic military law, and international law. Kaytal is an expert in national security law, the American Constitution, the Geneva Conventions, and the role of the President and Congress post 9/11. He served as national security adviser in the U.S. Justice Department and was cocounsel to Al Gore in the Supreme Court election dispute of 2000. 

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Neal Kaytal

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News

Endowed Chair in the College of Law Wendell H. Gauthier—Michael X. St. Martin Eminent Scholar Chair in Environmental Law Held by Robert R.M. Verchick

Endowed Professorships in the College of Law Adams and Reese Distinguished Professor of Civil Law Held by James E. Viator Adams and Reese Distinguished Professorship II Held by Bobby Marzine Harges

Faculty investitures celebrated

Henry F. Bonura, Jr., Distinguished Professorship Held by Jeanne Woods Philip and Eugenie Brooks Distinguished Professorship Held by the Rev. Lawrence W. Moore, S.J. Alvin R. Christovich Distinguished Professorship Held by Dane S. Ciolino William L. Crowe, Sr., Distinguished Professorship of Law Held by David Gruning DeVan D. Daggett Distinguished Professorship Held by Henry D. Gabriel Judge Adrian G. Duplantier Distinguished Professorship Held by Brian Bromberger Ferris Family Distinguished Professorship Held by M. Isabel Medina Ted and Louana Frois Distinguished Professor of International Law Studies Held by B. Keith Vetter Dean Marcel Garsaud, Jr., Distinguished Professorship Held by David R. Normann Jones, Walker, Waechter, Poitevent, Carrère & Denègre Distinguished Professorship Held by Dian Tooley-Knoblett John J. McAulay Distinguished Professorship Held by Patrick R. Hugg Warren E. Mouledoux Distinguished Professorship of Professional Responsibility Held by Mary Garvey Algero Jack Nelson Distinguished Professorship Held by Luz M. Molina Janet Mary Riley Distinguished Professorship Held by William P. Quigley Eleanor Legier Sarpy Distinguished Professorship Held by Raphael J. Rabalais, Jr. Léon C. Sarpy Distinguished Professorship Held by Kathryn Venturatos Lorio Victor H. Schiro Distinguished Professorship Held by James M. Klebba Judge John D. Wessel Distinguished Professorship of Social Justice Held by Dominique M. Custos, Ph.D. Fanny Edith Winn Distinguished Professorship Held by Dennis L. Rousseau Michaelle Pitard Wynne Distinguished Professorships I, II, III, and IV Held by Visiting Professors

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hree faculty members received distinguished professorships during the College of Law’s Investiture Ceremony, held November 7: Mary Garvey Algero—Warren E. Mouledoux Distinguished Professorship of Professional Responsibility; Luz M. Molina—Jack Nelson Distinguished Professorship; Dominique M. Custos, Ph.D.—Judge John D. Wessel Distinguished Professorship of Social Justice. Endowed professorships are designed to recruit superior new faculty and retain faculty whose research, teaching, and/or public service have uniquely contributed to the missions of their departments and institutions. The state of Louisiana encourages this commitment to excellence through the Louisiana Board of Regents State Matching Program. Faculty endowment gifts of $600,000 are matched by $400,000 state grants to establish an Eminent Chair of Study, and $60,000 donations are eligible for a match of $40,000 to create a Distinguished Professorship. Stuart H. Smith, H’86, fully funded the Jack Nelson Distinguished Professorship in June 2008. The professorship is named in honor of one of Smith’s mentors at the law school, John P. “Jack” Nelson, Jr., who died in 2006. Nelson not only served on the faculty for decades, beginning in 1955, but he was also responsible for the development of the Gillis Long Poverty Law Center and served as its director for many years. The Judge John D. Wessel Distinguished Professorship of Social Justice was established in 2004 with a gift from the late Judge Wessel. A Circuit Judge in the 15th Judicial Circuit for Palm Beach County in Florida since 1979, Judge Wessel was a 1968 law alumnus. The Mouledoux Family and ExxonMobil Corporation established the Warren E. Mouledoux Distinguished Professorship of Professional Responsibility in 2003 in memory of Warren E. Mouledoux. Mouledoux was editor of the Loyola Law Review and graduated first in his class in 1948. He served the Loyola College of Law as adjunct professor of Professional Responsibility for more than 20 years in the 1950s, 1960s, and 1970s. 

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Race Judicata lends a hand to Boys Hope Girls Hope

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College of Law offers free income tax preparation help he College of Law once again offered the Volunteer Income Tax Assistance (VITA) Program to provide tax preparation assistance for people with low to moderate incomes. The program operated from January 31 to April 13, 2009. Tax preparation sessions were held at the College of Law plus five Saturday sessions at the Community Center of St. Bernard, which provided access to the areas most severely damaged by Hurricane Katrina—St. Bernard Parish and the Lower Ninth Ward of New Orleans. In total, 31 law students plus College of Law Budget Director Andy Piacun, who served as site coordinator and reviewer, volunteered an excess of 1,100 hours. 

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All of the figures below are for federal returns.

nder the direction of the College of Law, the legal community once again rallied together to support Race Judicata, a Fun Run and 5k Race at Audubon Park on March 21. The donations raised from the race went directly to support Boys Hope Girls Hope (BHGH) of New Orleans. BHGH is a nonprofit, privately funded, multidenominational organization, whose mission is to help academically motivated children-in-need to meet their full potential and to become men and women for others by providing value-centered, family-like homes, opportunities, and education through college. Participants enjoyed T-shirts and refreshments, and awards were presented to the top winners. 

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• Electronically filed tax returns: 452 • Manually filed tax returns: 28 • Tax returns for disabled clients: 38 • Tax returns with primary or secondary taxpayer 60+ years of age: 75 Total of Earned Income Tax Credit received by clients: $110,000 Grand total client refunds: $488,000

Congratulations to

Michelle Augustine, L’09, for receiving a

Fulbright Fellowship to research human trafficking laws at Yeditepe University in Istanbul, Turkey! 12

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Brendan Brown Lecture Series Katrina Clinic reaches presents Dr. Jacques Ziller milestone he Katrina Clinic section of the Stuart H. Smith Law Clinic and Center for Social Justice at Loyola University New Orleans College of Law reached a significant milestone for the victims of Hurricanes Katrina and Rita. Under the leadership of staff attorney Davida Finger, volunteer University of Washington law student Salmun Kazerounian, and community outreach member Audrey Stewart, the clinic, through appeal assistance, has helped Louisiana homeowners collect more than $1 million wrongfully denied to them by Louisiana’s Road Home Program. The Katrina Clinic originated in the fall of 2005 when the College of Law and its Law Clinic were displaced in Houston, Texas. There, clinic student workers and faculty, in association with Lone Star Legal Aid and the University of Houston, worked in disaster relief centers to assist those displaced by Katrina. Since the spring of 2006, the Katrina Clinic has operated from the Loyola University New Orleans College of Law. The Road Home Program was launched in August 2006 to help Louisiana residents get back into their homes as quickly as possible, but some homeowners, including the low-income clients served by the clinic, were denied grant benefits and given insufficient amounts to rebuild. The clinic has helped those clients navigate Road Home red tape and policies. Finger has written a detailed paper on the clinic’s experiences with the Road Home Program, which includes testimonials from local residents the clinic has assisted. “Stranded and Squandered: Lost on the Road Home,” was published in the Seattle Journal for Social Justice Vol. 7, Issue 1. 

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he Brendan Brown Lecture Series presented Dr. Jacques Ziller, who delivered “The Constitutionalization of the EU,” on April 8. Ziller has been serving as a professor of European Union law at the University of Pavia (Italy) since the fall of 2008. Prior, he was professor of comparative public law at the European University Institute in Florence and headed the law department. During his earlier career, he lectured in French public law and comparative public law, European community law, and international law, as well as public administration at the University of French West-Indies and Guyana, the European Institute of Public Administration (IEAP/EIPAMaastricht, The Netherlands IIA, Paris). Ziller’s publications include The European Constitution and The Hague, and he was co-editor of The Lisbon Treaty: EU Constitutionalism Without a Constitutional Treaty? (with Stefan Griller), The European Constitution: Cases and Materials in EU and Member State’s Law (with Giuliano Amato), and The European Constitution and National Constitutions: Ratification and Beyond. 

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National Education Report highlights the College of Law Visit www.law.loyno.edu to watch the video. SPRING 2009

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Katrina Clinic Staff Attorney Davida Finger

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Trial Advocacy Program students practice their courtroom skills.

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Trial by Fire Trial Advocacy Program transforms students into litigators

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By Ray Willhoft, A’00

hile in law school, students are taught the fundamentals of the law,

ensuring they are prepared to pass the bar exam and become

practicing attorneys. However, when it comes time to appear in court, many find that they lack the vital skills and knowledge to become good litigators. But that is changing at Loyola thanks to the Trial Advocacy Program.

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About the Program

The voluntary, student-run Trial Advocacy Program, formerly The Board of Advocates/Association of Trial Lawyers of America (ATLA), was organized in the fall of 1982 with the purpose of preparing students for a smooth transition from the study of law to the practice of law. The objectives of the program are both educational and practical—to develop basic litigation skills that serve any area of legal practice. The Trial Advocacy Program (separate from the Moot Court Program) focuses on learning by doing with practical instruction, demonstrations, feedback, and critique. The program teaches students the strategy of a trial and how to conduct themselves in a courtroom setting; how to speak persuasively, conduct direct and cross examinations, and prepare and present persuasive opening and closing arguments; and proper impeachment, tendering of experts, and introduction of evidence. About 55 – 60 students participate in the program each year, and they acquire the foundation to successfully advocate for real clients in the courtroom.

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Team Competitions

Trial Advocacy students have the opportunity to attend and compete in regional, state, and national trial advocacy competitions, though their limited funding only allows for two to three competitions per semester. The students participate in an intramural competition in order to determine placement on a team. Loyola was the runner up in the recent American Association of Justice Regional Trial Competition in Atlanta, Ga., losing to the defending National Champion by a single point in the final trial. This event drew more than 250 teams from around the nation and placed Loyola in the top 32 trial teams in the country. And in February, Loyola had the honor of hosting and coordinating the 2009 Texas Young Lawyers Association (TYLA) Competition at the Eastern District of Louisiana Courthouse in New Orleans, La. Twenty-three teams from 12 law schools entered the competition, which was a huge success. Several federal and state judges even volunteered their time. At the competition, Loyola student Jatavian Williams received the award for Best Closing Argument.

“Loyola’s Trial Advocacy Program goes beyond the basic fundamental understanding of litigation and intensely prepares its students to be first class trial attorneys. The program teaches law students not only to be capable, comfortable, and confident in a courtroom, but also to think analytically about a case and to design a theory of a case from the ground up, like a lawyer.” —Justin M. Chopin, L’07 Associate, King, Krebs & Jurgens, P.L.L.C.

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Program Impact

“I joined the Trial Advocacy Program because I wanted to learn how to be a litigator, which was something I realized I was not going to learn in the classroom. Members of the program devote countless hours to learning skills, honing their techniques, and preparing for trial competitions. The entire experience was tremendous, and nothing has better prepared me for the profession of law.”

Though students currently do not receive academic credit for participation with the Trial Advocacy Program, the experience they gain is well worth their time. “There is so much that students can gain from the program,” notes Trial Advocacy Program President Jacob Hargett, M.B.A. “In addition to the great friendships that are formed, you learn to think on your feet, something that can’t be taught from a book.” The students who participate in the program leave a lasting impression as well. “I love teaching and mentoring these students because they are motivated, passionate, and appreciative,” says Adjunct Professor William Sommers, Jr., A’72, L’75, who has taught at the College of Law since 2000. “For many students, the Trial Advocacy Program is the defining moment of their law school careers, and they will accomplish great things because of it.”  If you would like to help support the Trial Advocacy Program, contact Alice Glenn at (504) 861-5555 or afglenn@loyno.edu

“Loyola’s Trial Advocacy Program is an organization made up of advocates and practitioners who strive to learn, teach, and instill in students proper trial skills and techniques. The skills and confidence that I developed as an advocate in the program have more than prepared me for my career as a criminal prosecutor.” —Lynn E. Schiffman, L’08 Assistant District Attorney Orleans Parish District Attorney’s Office

—Emma J. Hinnigan, L’08 Associate, Liskow & Lewis

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Father Chief Justice Life of Edward Douglass White portrayed by local legal notables By James Shields

I

n the summer of 1996, Paul R. Baier, a professor at LSU’s Law Center, wanted to rekindle the memory of an often overlooked chief justice of the U.S. Supreme Court, E.D. White. Baier wrote the five-act play, Father Chief Justice: E.D. White and the Constitution, which was performed at Loyola University New Orleans on February 4 to an overflow crowd of more than 400.

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From left: Harvey Koch, Donald Hoffman, Justice Harry T. Lemmon, and Mary Ann Vial Lemmon

The play, brought to New Orleans with the assistance of the Institute for Continuing Legal Education (CLE) at the Loyola College of Law, portrayed the life of Edward Douglass White, born in Bayou Lafourche, La. White went on to become a U.S. senator, associate justice, and chief justice of the U.S. Supreme Court from 1910 to 1921. White was also instrumental in forging the rule of reason, a standard doctrine of antitrust law. As chief justice, White swore in Presidents Woodrow Wilson and Warren G. Harding. The title of the play is the salutation that one of White’s colleagues, Justice Louis Brandeis, used to address him. The play premiered in Thibodaux, La., March 8, 1997, “off Broadway,” says Baier. “Thibodaux is about as far ‘off Broadway’ as you can get.” It was performed at Louisiana’s Old State Capitol during its sesquicentennial and, recently, in the chamber of the Louisiana Supreme Court in May 2008. White was played by four different people, retired Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr., L’54, H’91, retired Justice Harry T. Lemmon, L’63, Harry S. Hardin, III, and Professor James D. Hardy, Jr., of the LSU History Department. White’s life was played through scenes that invited the audience into his boyhood home to climb its “staircase to the Supreme Court,” and to hear the story of Chief Justice White,

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facing death against his enemy in arms, Oliver Wendell Holmes, Jr., in the Valley of Antietam. Holmes later became a colleague on the Supreme Court and carried on a tradition of exchanging red roses with White every Constitution Day, Antietam’s anniversary. Baier, who served on the board of the E.D. White historic site, played the part of Professor Richard Henry Jesse, a close friend of White. In this capacity, Baier served as a narrator, linking the audience to the performance. Other performers included U.S. District Judge Mary Ann Vial Lemmon, L’64, attorney Harvey Koch, Fifth Circuit Judge Fredericka Wicker, First

Circuit Judge Robert Downing, Donald Hoffman, Garland Rolling, Andrew A. Lemmon, L’87, and professors Olivier Moreteau and James R. West. Justice William J. Brennan, Jr., said of Professor Baier’s play, “I think you know I support you in all your endeavors, but none more so than when you are illuminating the history of a great institution to which I have devoted 40 years of my life.” Baier is working on a production of the play for a performance next year in Washington, D.C., during the Centennial of White becoming chief justice, and was invited to be the featured speaker at the U.S. Court of Appeals Fifth Circuit Judicial Conference in May in New Orleans. His talk will be “Father Chief Justice: Notes for a Play.”  For information on upcoming CLE events, visit www.law.loyno.edu/cle or call (504) 861-5441.

From left: Pat Phipps, Professor James R. West, and Lana A. Corll

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From the Courtroom to the Classroom Paul Pastorek, B’76, L’79, brings education to the forefront

By Amy Ferrara Smith, A’04

Paul Pastorek

hile Paul Pastorek, B’76, L’79, Louisiana state superintendent of education, has maintained a successful law career, he has also continued to commit time and energy toward satisfying his passion for serving the public. “I wanted to be a lawyer in the public service arena,” says Pastorek, who earned both a bachelor’s degree in finance and a juris doctor from Loyola. “I thought about being a civil rights lawyer.” Now as the state’s overseer of public schools, he relies on his experience as an education policymaker and his career working as an attorney to help improve the quality of education within the Louisiana public school system. He is no longer convincing a jury; rather, he is trying to convince the Louisiana residents to create high expectations for the state’s public school system and to improve upon external communications regarding Louisiana public schools. Pastorek says that his legal, academic, and business skills all help him to be analytical about the challenges the state faces in public education as a whole. “I need to know how to reform education, and I need to know how to administer,” he explains. While Pastorek may have had an initial interest in pursuing civil rights law, he ultimately chose commercial law in order to support a family, which now includes a wife, Kathy, and three adult children, Ryan, Jeffrey, and Kaitlin. He later became a partner in the Adams and Reese, L.L.P., New Orleans office.

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He continued, however, to maintain a presence as a public servant within the local community, particularly within the realm of public education. He served on the Louisiana State Board of Education from 1996 to 2004, and he also acted as the attorney and chair for the Recovery School District. Even though he has experience as a public education policymaker, Pastorek is a rarity among Louisiana state superintendents in that he has never worked as a classroom teacher or school administrator. He now oversees 69 public school districts with more than 1,400 schools and 650,000 students. It was Pastorek’s father, René, L’53, who first inspired him to be an attorney as well as a public policymaker. “My first source of inspiration was my dad, who was a lawyer and always very involved in public service,” says Pastorek. “He really inspired me to want to do civil rights law.” Pastorek also credits Sam LeBlanc, a former state legislature and attorney, for helping him understand the world of politics. “He showed me the ropes in politics and showed me how to be involved in a right way in politics.” Like his father, Pastorek used his Loyola education as a springboard toward a successful career. “The Loyola law school is focused on bringing out the best in the individual,” he says. Both of his sons, Ryan and Jeffrey, also earned their undergraduate degrees from Loyola. Before the interruption of Hurricane Katrina, Pastorek’s daughter, Kaitlin, began her

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college career at Loyola. And in 2007, Ryan continued the family tradition of Loyola College of Law graduates by earning his juris doctor/master of business administration degree. “We have had a family tradition of a number of family members attending Loyola, and it’s something that makes us proud,” says Pastorek. “Loyola is not just a university, but one which has a particular culture as a Jesuit institution. That culture adds a special character building effect. It’s a benefit that I would like for all of my family members.” Before accepting the position as state superintendent of public schools, Pastorek returned to Loyola College of Law for two years as an adjunct professor, where he taught space law based on his 2002 – 2004 experience as the General Counsel for

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the National Aeronautics and Space Administration (NASA). In his position at NASA, he served under Loyola alumnus and former Louisiana State University Chancellor Sean O’Keefe, A’77, H’03. “I learned a lot at NASA about international law and treaties involving space,” he notes. Pastorek “had a great time” returning to his alma mater to teach other future Loyola graduates about a specialty within the field. “I’m a proud graduate from Loyola,” he says. “I became General Counsel at NASA, and I was able to bring that experience back to Loyola. I’ve achieved all that I’ve achieved because of my undergraduate and law education at Loyola.” 

“The most challenging part of my job is trying to motivate the internal audience to help us transform the department of education. I’m helping to create a positive vision of public education in Louisiana.” —Paul Pastorek, B’76, L’79

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Alumni News

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1955 DR. NORMAN C. FRANCIS (H’82) celebrated his 40th anniversary as president of Xavier University in New Orleans with a gala in November 2008 featuring singer Gladys Knight and comedian Bill Cosby. Norman, the first black student at Loyola University New Orleans College of Law, was the first layman to serve as president of Xavier, which was founded by an order of nuns. He also was the first black man to fill the president’s position at that historically black, predominantly Catholic institution.

1966 DAVID VOSBEIN, executive vice president/Worldwide Strategic Initiatives and a member of the Board of Directors of Geospatial Holdings, Inc., in Pittsburgh, Penn., was promoted to president and chief operating officer. Prior to joining Geospatial, David had been the founder and CEO of several successful energy and technology companies.

1973 THE HON. DENNIS WALDRON retired from Section F of the Criminal District Court in New Orleans, La., where he had served since 1982.

1978 MAYOR DAVID A. BOWERS, was elected for his third four-year term in Roanoke, the largest city in Western Virginia. David also continues to operate his law practice in Roanoke, and he celebrated his 30th anniversary of

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practicing law with friends and family there because he could not attend the Loyola College of Law 30-Year Reunion due to other city events occurring at the same time. David’s website is www.davidbowersroanoke.com

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Making History in Government

Former OSHA Administrator EDWIN G. FOULKE, JR., joined the law firm of Fisher & Phillips, L.L.P., in Atlanta, Ga., as a partner in the Workplace Safety and Catastrophe Management Practice Group. KIM GANDY, Silver Springs, Md., is completing her second and final four-year term as president of the National Organization for Women (NOW), leading the 39year-old women’s-rights group.

1979 ANN BENOIT, Mandeville, La., retired from the state of Louisiana after serving in the Fourth Circuit Court of Appeal, Fifth Circuit Court of Appeal, 24th Judicial District Court, and La. Department of Justice where she was chief of the Antitrust and Business Litigation Section. PostKatrina, she thought she should be doing something a bit more serious with her life than just going out to lunch, so she started and served as executive director of the Plaquemines Community Care Center, a multiagency coordinating center combining criminal justice, law enforcement, mental health, and legal and social services. She currently serves as senior supervising attorney and head of the Family Law Unit at The Pro Bono Project, which has a six-parish

Former Loyola philosophy instructor and Jesuit seminarian Anh “Joseph” Cao, L’00, made history when he was elected to represent Louisiana’s 2nd district in the U.S. House of Representatives. He became the first Vietnamese-American member of Congress when he was sworn-in in January. Joseph, who owns his own law firm, has been involved in charitable, religious, and civic pursuits for several years. As a seminarian, he ministered to indigent people in the U.S. and abroad. From 1996 to 2002, he served on the board of Boat People SOS, which assists Vietnamese-Americans in advancing social justice and other cultural issues. In 2002, Joseph was appointed to the National Advisory Council to the United States Conference of Catholic Bishops by Archbishop Alfred Hughes. Joseph serves on the board of the Mary Queen of Vietnam Community Development Corporation, the state Board of Elections, and the state Republican  Executive Committee.

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jurisdiction. She is the divorced mother of one amazingly talented teenager.

1980 GENE DWYER has published She Walks On Gilded Splinters (2008), the never before told story of Marie Laveau, her life and legend uncensored.

1983

Photo by Shawn T. Moore Donald Shalhoub, L’76, a career government attorney, assumed the post of the Occupational Safety and Health Administration’s acting chief, replacing outgoing acting head Thomas Stohler. Donald was named deputy assistant secretary of labor for occupational safety and health in October 2006. He was responsible for supervising OSHA’s 10 regional offices and the enforcement, construction, and cooperative and state programs offices in OSHA’s national office. Before that, he served as ombudsman for the compensation program created by the Energy Employees Occupational Illness Compensation Program Act. Donald has also served as deputy associate solicitor for the department’s safety and health, labor and management, and civil rights divisions. He also has served as chief counsel to the chairman of the Federal Labor Relations Authority. 

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DONNA R. TAYLOR was senior staff attorney at Legal Aid in Charleston, S.C., for 14 years. Thereafter, she earned a master’s degree in medical ethics at the Medical College of Wisconsin. After a few years in a medical malpractice and professional liability specialty, she accepted a position as director of risk management for Columbia-St. Mary’s Health System in Milwaukee, Wis. She and her husband, Tom Nelson, have two children, Kristen and Max, who are gratefully “this close” to being off the family payroll.

1989 JEFFREY BURGAN was elected to serve on the Board of Trustees for Rose-Hulman Institute of Technology. For the 10th consecutive year, Rose-Hulman has been ranked by U.S.News as the number one college or university that offers the bachelor’s or master’s degree as its top degree in engineering. Jeffrey also continues with his intellectual property litigation practice as a partner with Leydig, Voit & Mayer, Ltd., in Chicago, Ill., where he has worked since 1991.

1992 KELLY BARBIER, New Orleans, La., is employed as a law clerk to Justice Bernette Johnson at the Louisiana Supreme Court. She married Michael McLain in March 2008.

1995 DR. MARY A. HERMANN and ANTONIO J. GARCÍA (M’81) were married on March 8, 2008. Mary holds a J.D. from Loyola and a Ph.D. from the University of New Orleans and is an associate professor at Virginia Commonwealth University. She is the daughter of DR. ALLEN M. HERMANN (A’60). Tony holds a B.M. from Loyola and a M.M. from Eastman School of Music. He is an associate professor and the director of jazz studies at VCU. Though they had grown up just a few miles apart in New Orleans, they didn’t meet until both were in Richmond, Va., in 2006! Following a honeymoon in New York City, the couple resides in Richmond.

1996 PAUL R. WEGMANN became counsel of the firm Irwin Fritchie Urquhart & Moore, L.L.C., in New Orleans, La.

1998 RUBEN VICTOR CHAVEZ, Miami, Fla., has become partner at a personal injury law firm. The new firm shall be named Gold, Chavez & Gold. Ruben will concentrate his practice in complex civil litigation matters including: personal injury,

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Acting Chief of OSHA

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Alumni News

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wrongful death, premise liability, product liability, motor vehicle accidents, and medical malpractice. DARLEENE D. PETERS (G’98) became counsel of the firm Irwin Fritchie Urquhart & Moore, L.L.C., in New Orleans, La.

2000 JENNIFER HANSON COPUS earned the Martindale-Hubbell Directory’s visibility ranking of 16 out of 118 lawyers in Fort Walton Beach, Fla. She was appointed to the First Judicial Circuit Bench & Bar Professionalism Committee and is listed in the Honors edition of Who’s Who Among Executives and Professionals. Jennifer has been working for the firm of Chesser & Barr, P.A., since May 2007, directly across the hall from her husband, who is an associate at the same firm. Her areas of concentration include real estate, business law, and civil litigation. Jennifer also is the vice president of the Okaloosa-Walton Bar Association and the chair of the Florida Bar First Judicial Circuit Grievance Committee “B.”

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A. KEVIN TROUTMAN, Houston, Texas, has been named a partner of Fisher & Phillips, L.L.P., a leading national labor and employment law firm. In addition to his experience as an employment attorney, he has considerable practical experience

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in the healthcare industry as a human resources executive.

Lewis. He practices in the firm’s oil and gas section.

2004

JOHN JAY FLETCHER joined the Lafayette, La., office of Liskow & Lewis. He practices in the firm’s business law and business litigation sections. He has previously focused on issues relating to employment law.

ALIA ZOHUR WYNNE (A’00) and her husband, ROBERT PITARD WYNNE (L’05), moved to Houston, Texas, where Alia joined the firm Fisher & Phillips as an associate.

2005 JON G. BETHUNE joined Sutterfield & Webb, L.L.C., as an associate based out of their New Orleans office. He currently resides in New Orleans, La., with his wife and newborn son, Jackson James Bethune. PATRICK H. DEJEAN (A’99), Marrero, La., was elected on November 4, 2008, as Justice of the Peace for the Second Justice Court in Jefferson Parish for a sixyear term. Prior to being elected, he worked as a federal attorney for the Small Business Administration and recently as an assistant district attorney in the Narcotics Section.

2007

2001 EDWARD W. TRAPOLIN became a member of Irwin Fritchie Urquhart & Moore, L.L.C., in New Orleans, La.

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STEPHEN W. WIEGAND joined the New Orleans, La., office of Liskow & Lewis. He focuses his practice in the firm’s environmental law section.

JOHN MCCAMMON joined the New Orleans, La., office of McGlinchey Stafford, P.L.L.C., as an associate practicing in the firm’s commercial litigation section. MICHELLE MILLER joined the New Orleans, La., office of McGlinchey Stafford, P.L.L.C., as an associate practicing in the general litigation section of the firm. 

2008 WENDY CHOW joined the law firm of Boult, Cummings, Conners & Berry, P.L.C., Nashville, Tenn., as an associate with the Health Care team. ANDREW H. CHRESTMAN joined the New Orleans, La., office of Liskow & Lewis. He focuses his practice in the firm’s maritime, oilfield, and insurance section. MEGHAN DOODY COLEMAN joined the New Orleans, La., office of Liskow & Lewis. She practices in the firm’s business law section.

AMANDA J. BUTLER joined the New Orleans, La., office of McGlinchey Stafford, P.L.L.C., as an associate concentrating her practice in the areas of public finance, commercial finance, and real estate.

EMMA J. HINNIGAN joined the New Orleans, La., office of Liskow & Lewis. She is a member of the firm’s business and energy litigation sections.

KIMBERLY A. CANNON joined Elder & Lewis, P.A., as an associate in Miami, Fla.

ELISABETH BON LORIO joined the New Orleans, La., office of Liskow & Lewis. She practices in the firm’s business and energy litigation sections.

JACOB C. CREDEUR joined the Lafayette, La., office of Liskow &

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Give to Loyola

and Get a Life Income in Return Invest in a Charitable Gift Annuity Have you been wishing you could make a contribution to Loyola, but thinking that you couldn’t possibly donate, especially during the current economic situation? The solution could be a Loyola Charitable Gift Annuity offering you (and your spouse) a life income at rates double or triple current CD yields. A gift of $10,000 or more in exchange for a Loyola Charitable Gift Annuity allows your donation to continually work for you for the rest of your life by paying a fixed annual annuity at rates up to 9.5%, depending on your age. See the rates below.

Two Lives

One Life Your Age

Rate of Return*

Your Age

Rate of Return*

65 70 75 80 85 90+

5.3% 5.7% 6.3% 7.1% 8.1% 9.5%

65/70 70/75 75/80 80/85 85/90 90/95+

5.0% 5.3% 5.8% 6.5% 7.5% 9.0%

The rate of return is slightly lower for two lives because the period of payment generally is longer. * Rates subject to change.

The Loyola Gift Annuity is: 1. Safe Your annual annuity is backed by all the assets of Loyola. 2. Tax-Efficient You receive a substantial Federal income tax deduction when you make your gift, and your annual annuity income may be partially tax free. 3. A Fixed Amount Your annual income will never change. 4. Satisfying You get the satisfaction of supporting Loyola without losing income. For more information and a personal illustration without obligation, please contact Robert S. Gross, Director of Planned Giving, at (504) 861-5565 or rgross@loyno.edu Be sure to visit our website at www.loyno.edu/plannedgiving

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Alumni Events

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Friendship and memories celebrated during Law Reunion 2008 A

lumni gathered with former classmates to relive memories and make some new ones during the College of Law Reunion 2008, held November 7 – 9. Events included a Moot Court Golf Tourney, a Dean’s Cocktail Reception, the Senior Advocates Society Brunch honoring the Class of 1958 at Commander’s Palace, a Reunion Celebration at Preservation Hall, and a Mass. 

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Alumni Events

Annual Alumni Luncheon a rousing success M

ore than 300 alumni came together for the Annual Law Alumni Luncheon on February 6 at the Hotel InterContinental New Orleans. The luncheon is one of the College of Law’s most popular events, and this year was no exception. Retired Judge Calvin Johnson, L’78, alumnus and adjunct professor, was awarded the 2009 St. Ives Award, the highest honor awarded by the College of Law Alumni Association. The award, named for the patron saint of lawyers, is presented annually to an alumnus who has volunteered services to the College of Law or the university, maintained the highest standards of the profession, and furthered the mission of the alumni association. Johnson, the former chief judge of the Criminal District Court of New Orleans, was the first AfricanAmerican elected to a Louisiana state court without first being appointed. Johnson was born in Plaquemines, La., and was active in the civil rights movement from the time he was a teenager. He was once convicted as a juvenile for taking part in a demonstration. After graduating from the College of Law in 1978, Johnson accepted a position in the New Orleans Public Defender’s Office. He then became a member of Loyola’s clinical faculty, where he handled criminal cases. He resigned in 1990, when he was elected judge. As a criminal district court judge, Johnson created the state’s first “mental health court,” special proceedings to help those with mental illness who wind up in the criminal justice system. In the days following Hurricane Katrina, Johnson helped court staff move necessities from the courthouse to different sites in the state so cases could continue to be heard. He was also instrumental in seeing the courthouse repaired and reopened by June 2006. Johnson retired from the bench in January 2008. 

“I have received awards and honors in my career, but to be selected Loyola Law Alumnus of the year leaves me speechless. I am humbled. I hope that in the years to come, by my deeds, I do things worthy of this award.” — The Hon. Calvin Johnson, L’78

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Faculty News

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Visiting Assistant Clinical Professor NANNETTE JOLIVETTE BROWN’s article, “The Many Faces of Environmental Justice: Which one speaks the Truth?,” was published in the Louisiana Bar Journal’s Diversity Edition April/May 2009. Jolivette Brown presented the following seminars: “What Clients and Participating Attorneys Expect from Mediators” and “Ways to Maximize Your Mediator’s Effectiveness,” sponsored by Region V of the National Bar Association in Shreveport, La., February 27, 2009; and “Alternative Dispute Resolution,” 2009 International Legislative Drafting Institute at Tulane Law School to be presented June 25, 2009. Jolivette Brown presented “Collaborative Law, Interest-based Negotiation and Value-added Solutions as used in Mediation,” Lafayette Bench Bar Conference, September 19, 2008. Jolivette Brown was recognized for her contributions to the following: National Federal Bar Associations’ President’s Award for New Orleans’ Bar Association program on Powell v. Alabama, Award presented September 20, 2008 (Jolivette Brown chaired the committee and organized the program on Powell v. Alabama; she also moderated the event). Jolivette Brown was chair of committee planning for the Federal Bar Association Mediation Seminar in May 2009; she participated as panelist and moderator.

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Professor of Law MITCHELL CRUSTO published “Enslaved Constitution: Obstructing the Freedom to Travel” in the University of Pittsburgh Law Review and “Unconscious Classism: Entity Equality for Sole Proprietors” in The University of Pennsylvania Journal of Constitutional Law. Crusto contributed a chapter to the upcoming book, Hurricane Katrina: America’s Unnatural Disaster, edited and with an Introduction by Jeremy I. Levitt and Matthew C. Whitaker.

Professor of Law LLOYD “TREY” DRURY, III, has been appointed to the Corporations Committee of the Louisiana State Law Institute. The state legislature has directed the committee to study and report on whether Louisiana ought to amend its Business Corporation Law to conform to the Model Business Corporation Act.

Professor of Law ROBERT GARDA, Jr., presented a paper titled “The ‘New Diversity’ and Modern Demographics: Questioning Socioeconomic Integration as a Substitute for Racial Integration” at the Seattle University School of Law conference titled “Brown Undone? The Future of Integrated Primary and Secondary Education PostPICS.” He had a paper titled “Is Integration Worth the Fight?” accepted for presentation at the 54th Annual Conference of the Education Law Association, and a paper titled “The Big Experiment: Education in New

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Orleans Post-Katrina” accepted for presentation at the 7th Commonwealth Education Law Conference.

PROFESSOR OF LAW BOBBY HARGES gave a talk on Advocacy “Mediation Representing Clients in Mediation” at the Louisiana State Bar Association’s annual Catch the Falling Leaves seminar on October 20, 2008, in Asheville, N.C.

Victor H. Schiro Professor of Law JAMES M. KLEBBA has written and submitted a paper which was presented at the Annual Conference of the Kopaonik School of Natural Law in Serbia on December 14, 2008, and published in the conference proceedings. The topic of the paper was “The Federal Rules of Civil Procedure at the Age of 70 years - A Possible Model for the Implementation of the ALI/UNIDROIT Principles and Rules of Transnational Civil Procedure.” This is the third paper Klebba has presented at this conference; previous presentations were in 2004 and 2006.

Ferris Family Distinguished Professor M. ISABEL. MEDINA’s essay on “Exploring the Use of the Word ‘Citizen’ in Writings on the Fourth Amendment” has been published in volume 83, page 1557, of the Fall 2008 Indiana Law Journal. Her paper, “Reforming Criminal Indigent Defense in Louisiana - An Introduction to the Symposium

and a Brief Exploration of Criminal Indigent Defense and Its Relationship to Immigrant Indigent Defense,” was printed in 9 Loyola Journal of Public Interest Law 111 (2008).

Visiting Professor GARY MYERS’ new treatise, Principles of Intellectual Property (Thomson West 2008), is now in print. He gave a lecture on “Collegiate Trademarks” at L.S.U. Law Center, Baton Rouge, November 7, 2008; gave a half-day university-wide presentation on “Copyright in University Settings” at the University of Southern Mississippi, Hattiesburg (with Will Wilkins of the Mississippi Law Research Institute), November 21, 2008; served as adviser to students seeking employment and internship opportunities in the entertainment law field in Los Angeles, New York, and New Orleans; is serving as faculty adviser to the Loyola Entertainment Law Journal; is an active member of the ALI— recruited and successfully nominated a faculty member at McGeorge Law School for membership at the October 2008 meeting; and is a scholarship reviewer for law faculty promotion at the University of Arkansas–Fayetteville. Myers joined Paul Weiler (Harvard) in updating his Entertainment Law casebook, published by West. The book is currently in its third edition, and Myers will co-author the 2009 supplement and the upcoming fourth edition, to be published in 2010. Myers is also in negoti-

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Visiting Assistant Clinical Professor DENISE M. PILIÉ has been elected for a two-year term as chair of the Louisiana State Bar Association, Section of Alternative Dispute Resolution. She has been re-appointed to the Grants Committee of the Louisiana Bar Foundation. She also has co-edited the Louisiana Civil Practice Formulary (Thompson/West, 2008 edition). Pilié and the students of the Mediation Clinic were invited by Dean Collot of the Societe de Droit et des Sciences Economiques (Haiti’s national law school) to teach a Mediation Seminar to law students, professionals from the region, and local activists, April 8 and 9, 2009, in Port au Prince. The Haitian law students were given credit to fulfill their required mediation training. Dean Collot expressed an interest in continuing the relationship between his university and Loyola College of Law. Ten students from the Mediation Clinic traveled to Haiti to participate in the seminar.

Professor of Law MARKUS PUDER was a panelist for “Indigenous People, International Law, and Environmental Law”: Indigenous Peoples’ Day, A Day of Reflection, Education, Celebration, and Action, Loyola University New Orleans College of Law (October 13, 2008), and a French Language Guest SPRING 2009

Instructor: “The Court System in France”: Culture and Civilization, French Language Department, College of Humanities and Natural Sciences, Loyola University New Orleans (October 14, 2008). His paper, “Romans Reloaded and Comparativists Charged – Living Law in Louisiana: The Case of Civil Possession,” was printed in the Loyola Law Review, vol. 54, pp. 571-601 (2009). He also delivered a Berger Lecture on “Resolving Energy-Environment Encounters in the Maze of Global and Regional Frameworks,” Berger Speaker Series 2008-2009, Cornell University Law School, Ithaca, NY, Feb. 13, 2009.

Gauthier-St. Martin Eminent Scholar Chair in Environmental Law ROBERT VERCHICK delivered a keynote address titled “Disaster Justice: Assuring Fairness and Accountability in Times of Crisis” as part of the University of Copenhagen’s Symposium on Disaster and Sustainability in Copenhagen, Denmark. His article, “Risk, Fairness, and the Geography of Disaster” was reprinted in the anthology, Disaster Management: Legal and Policy Perceptions (A. Sabitha, ed., 2007-08). He has agreed to join Dan Farber and Jim Chen as co-authors of the second edition of Disasters and the Law (Aspen), the only casebook on the subject of disaster law. His chapter, “Preemption and Theories of Federalism” (with Nina Mendelson,

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of Michigan) University appeared in the new book, Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question (Cambridge University Press, William W. Buzbee, ed., 2009). He coauthored the policy paper, “Reinvigorating Protection of Health, Safety, and the Environment: The Choices Facing Cass Sunstein,” January 2009, www.progressive.org. The paper was quoted in the Washington Post, the Chicago Tribune, the Los Angeles Times, and several blogs, including the Volokh Conspiracy. He coauthored the policy paper, “By the Stroke of a Pen: Seven Crucial Protections for Public Health and the Environment the President Can Accomplish in the First 100 Days of His Administration,” Oct. 2008 (with co-authors), www.progressivereform.org. The paper was featured in Huffingtonpost.com as well as other online news sources. He was the keynote speaker for the University of Florida’s Environmental Law Capstone Colloquium (February 2009). He delivered a paper titled “Disaster Justice: Extreme Events and Social Vulnerability” at the Adaptation to Climate Change Conference, University of Arizona, Tucson, Ariz., (January 2009). The presentation was discussed and quoted in the Tucson Citizen newspaper.

Ted and Louana Frois Distinguished Professor of International Law Studies B. KEITH VETTER was invited to

lecture before the University of Edinburgh Faculty of Law, Centre for Legal History, on December 8, 2008. The topic was “A Contribution of Roman Law to the New World: The Creation of the Creoles of Colour in the United States.” He also delivered a lecture at the University of Glasgow Faculty of Law, December 16, 2008, on “The Different Law of Manumission in Louisiana: The Contribution of Roman Law to the Formation of Jazz.” Vetter was also cited by the city of Cuernavaca, Mexico, for his contribution to the development of tourism in the city. Vetter has been director of the Loyola College of Law’s Summer Program in Cuernavaca for the past 19 years. Each summer, the program brings up to 80 law students from law schools in the U.S. to Cuernavaca for a threeweek session.

Professor of Law MONICA HOF WALLACE was appointed to a new Family Law Committee of the Louisiana Law Institute that was constituted by the Legislature in 2008 to study the feasibility of creating domestic courts in jurisdictions that do not currently have them. Her paper, “Child Support Savings Account: An Innovative Approach to Child Support Enforcement,” was selected for inclusion in the University of La Verne Law Review’s Selective Bibliographic Index of Juvenile Law Publications (2007 – 2008). The University of La Verne Law Review was formerly the Journal of Juvenile Law (1977 – 2007). 

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Faculty News

ations with West for a new treatise on Antitrust & Unfair Competition Law.

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Continuing Legal Education Says

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Loyola wishes to thank the following speakers and advisory board members for a successful fall 2008 programming season. Thank you for your support! www.law.loyno.edu/cle

ESSENTIAL ISSUES AFFECTING CORPORATE ATTORNEYS AND IN-HOUSE COUNSEL Rep. Joseph P. Lopinto, III; Louisiana House of Representatives – District 80 Tom O’Conner; Gulf Coast Legal Technology Center M. Nan Alessandra; Phelps Dunbar, L.L.P. Kim M. Boyle; Phelps Dunbar, L.L.P. William R. Forrester, Jr.; Lemle & Kelleher, L.L.P. Marc C. Hebert; Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P. Douglas J. Cochran; Stone, Pigman, Walther, Wittmann, L.L.C. Michael D. Lutring; Stone, Pigman, Walther, Wittmann, L.L.C. A DAY WITH THE DEPARTMENT OF LABOR Bobby Anderson; American Equity Underwriters, Inc. Alan Brackett; Mouledoux, Bland, Legrand & Brackett, L.L.C. David A. Duhon; U.S. Department of Labor Tommy Dulin; Attorney at Law Nancy Favaloro; SFL, Ltd. The Hon. Larry Price; U.S. Department of Labor LEARNING TO LAWYER: A BOOT CAMP FOR NEW ATTORNEYS Tad Bartlett; Bartlett Law Firm, A.P.L.C. Kara M. Hadican; Gainsburg, Benjamin, David, Meunier & Warshauer The Hon. Madeleine Landrieu; Civil District Court, Orleans Parish Al Robert, Jr.; Law Offices of Al J. Robert, Jr., L.L.C. Maurice Ruffin; Adams and Reese Gregory T. Stevens; Phelps Dunbar, L.L.P. J. Alex Watkins; Capitelli and Wicker PRACTICAL APPLICATIONS OF FEDERAL AND STATE RULES OF EVIDENCE IN A COURTROOM SETTING The Hon. James J. Brady; U.S. District Court-Middle District of Louisiana The Hon. Ross P. LaDart; 24th Judicial District Court for the Parish of Jefferson Clement Donelon; Law Office of Clement P. Donelon Richard Leefe; Leefe, Gibbs, Sullivan, Dupre & Aldous The Hon. Jay C. Zainey; U.S. District Court-Eastern District of Louisiana ANNUAL FAMILY LAW CONFERENCE Raymond Charles Burkart, Jr.; Attorney at Law Bernadette D’Souza; New Orleans Legal Assistance Corporation Jack L. Dveirin; Attorney at Law Mitchell J. Hoffman; Lowe, Stein, Hoffman, Allweiss, Hauver, L.L.P. Steven J. Lane; Herman Herman Katz & Coltar, L.L.P. James B. Letten; U.S. Attorney-Eastern District of Louisiana Bruce A. Miller; Law Offices of Bruce A. Miller Edith Henderson Morris; Morris Lee & Bayle David M. Prados; Lowe, Stein, Hoffman, Allweiss, Hauver, L.L.P. Philip R. Riegel, Jr.; Attorney at Law Frank P. Tranchina, Jr.; Tranchina & Mansfield, L.L.C. Lynne Wasserman; Attorney at Law Marc D. Winsberg; Schonekas, Winsberg, Evans & McGoey, L.L.C. Bennett Wolff; Wolff & Wolff Sheriff Newell Normand; Sheriff, Jefferson Parish ANNUAL ESTATE PLANNING CONFERENCE Robert R. Casey; Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P. Prof. Dane Ciolino; Loyola University New Orleans College of Law 30

James G. Dalferes; David J. Lukinovich (A.P.L.C.) Robert S. Gross; Loyola University New Orleans Office of Planned Giving Michael E. Guarisco; Guarisco & Cordes, L.L.C. Jeffrey W. Koonce; Phelps Dunbar David J. Lukinovich; David J. Lukinovich (A.P.L.C.) Joel Mendler; Sirote & Permutt Joseph W. Mengis; Perry, Atkinson, Balhoff, Mengis & Burns, L.L.C. Carole Cukell Neff; Sessions, Fishman, Nathan & Israel, L.L.P. Prof. William A. Neilson; Loyola University New Orleans College of Law Robert L. Perez; Perez, McDaniel & Faust, L.L.P. Jerome J. Reso, Jr.; Baldwin Haspel Burke & Meyer F. Kelleher Riess; Hickey & Riess Bruce Spizer; Attorney at Law Patrick W. Suffern; Becker & Suffern Kenneth A. Weiss; McGlinchey Stafford DEFENSE BASE ACT/WAR HAZARDS COMPENSATION ACT SEMINAR David Barnett; Barnett and Lerner, P.A. Alan Brackett; Mouledoux, Bland, Legrand & Brackett, L.L.C. Christopher Catrambone; Tangiers International, Ltd. John Chamberlain; U.S. Department of Labor, ESA/OWCP/DLHWC Miranda Chiu; U.S. Department of Labor, ESA/OWCP/DLHWC Katherine Ferar; U.S. Department of Labor, OWCP/DLHWC Keith Flicker; Flicker, Garelick & Associates Thomas Giblin; U.S. Department of Labor, Office of the Solicitor Barry Lerner; Barnett and Lerner, P.A. Roger Levy; Laughlin, Falbo, Levy & Moresi Monica Markovich; Brown Sims Christopher Moody, II; Moody Insurance Worldwide Michael Murphy; Henslee Schwartz The Hon. Stephen Purcell; U.S. Department of Labor, Associate Chief Judge for Longshore Mark Reinhalter; U.S. Department of Labor, Office of the Solicitor Richard Robilotti; U.S. Department of Labor, Longshore District Office #2 Janice Ulan; U.S. Department of Labor, Benefits Review Board Barbara Williames; U.S. Department of Labor, FECA BACK TO SCHOOL CLE SKILLS TRAINING COURSES Prof. Dane Ciolino; Loyola University New Orleans College of Law D. Michael Dendy; Attorney at Law The Hon. Stephen Grefer; Second Parish Court, Division B Deana Palmisano Lejarza; Palmisano Law Firm, L.L.C. Rep. Joseph P. Lopinto, III; Louisiana House of Representatives – District 80 Melissa Losch; The Advocacy Center Ann Maclaine; The Advocacy Center August V. Martens; Palmisano Law Firm, L.L.C. Susan Meyers; The Advocacy Center Marc Michaud; Lemle & Kelleher, L.L.P. Prof. Luz Molina; Loyola University New Orleans College of Law Garth Ridge; Attorney at Law Al Robert, Jr.; Law Offices of Al J. Robert, Jr., L.L.C. Ernest E. Svenson; Svenson Law Firm, L.L.C. Miranda Tait; The Advocacy Center Lynne Wasserman; Attorney at Law

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Faculty Profile

Exemplifying Service and Dedication Professor Dennis L. Rousseau, LL.M., A’57, B’57, L’57, celebrates 50 years of teaching and administration at Loyola Now that he has achieved his goal of teaching at Loyola for 50 years, Fanny Edith Winn Distinguished Professor Dennis L. Rousseau, LL.M., A’57, B’57, L’57, is ready to enjoy the next chapter of his life—retirement. But he has had quite an extraordinary journey here at Loyola as a student, a teacher, and an administrator. After graduation from Loyola and earning an LL.M. from Harvard Law School, Rousseau served as a U.S. military police duty officer, but he ultimately came back to Loyola to begin his teaching career in 1959. “I was always attracted to the legal system and its ability to improve society,” says Rousseau. “I felt that by teaching I could impart on my students a passion for the law and help develop their ethical and moral character, which I feel is extremely important in a legal career.” During his 50-year career at Loyola, Rousseau has taught 23 different law courses, including Business Organizations, Securities Regulation, Corporate Finance, Jurisprudence, and Torts, among many others. But Rousseau’s involvement with Loyola goes beyond the classroom and into the world of academic administration. Through the years, he has served on several university committees, including the University Senate (president), University Budget Committee (chair), Board of Regents (member), Board of Trustees Finance and Real Estates Committees (adviser), and University Space Allocation and Planning Committee (chair), among others. He also worked as the executive assistant to the president of the university. Rousseau’s contributions to the College of Law are equally impressive. Not only did he play a major part in the creation of the Broadway campus, but he formulated and assisted in the planning and construction of the current law building. He also co-authored the Skills Training Program courses, helped make the Moot Court Program part of the academic curriculum, and served as faculty adviser to the Poverty Law Journal. In addition, Rousseau has served as a member of both the Board of Governors and the Law Revision Committee for the Louisiana State Bar Association; co-authored studies of the general election laws of Louisiana, which provided the basis for reform of Louisiana election procedures and of legislative contempt proceedings; and served as a member of the Louisiana Law Institute’s

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Committee to Study Comparative Negligence, which led to the legislative adoption of comparative negligence in Louisiana. He also authored numerous briefs in Appellate Courts including the U.S. Supreme Court, the U.S. Court of Appeal, the Supreme Court of Louisiana, and the Louisiana Courts of Appeal. Though he has had a fulfilling career with Loyola (and will continue to teach Jurisprudence), Rousseau plans to enjoy his welldeserved retirement by spending time with his wife, children, and grandchildren, happy with the fact that he has been such a big part of the university’s history.  —Ray Willhoft, A’00

“My goal has always been to teach good people committed to the duties to themselves, their families, and their communities who achieve this through leadership and integrity.” — Dennis L. Rousseau, LL.M., A’57, B’57, L’57

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LOYOLA UNIVERSITY NEW ORLEANS Campus Box 909 7214 St. Charles Avenue New Orleans, LA 70118

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Non-profit org. U.S. Postage PAID Burlington, VT 05401 Permit no. 185

Did you graduate from Loyola Law in 1960, 1970, 1980, 1985, 2000, or 2005? If so, your class will be celebrating a reunion in 2010, and it’s not too early to start planning! Class Reunion Planning Committees are already being formed, and we need your help. Committee responsibilities include selecting the date, time, and location of the reunion, working with the Office of Law Alumni & Development to develop e-mail correspondence and print materials, and most importantly, reaching out to your classmates. Please contact the Office of Law Alumni & Development at (504) 861-5555 or afglenn@loyno.edu if you are interested in volunteering to serve on your Class Reunion Planning Committee.

Congratulations on this milestone!


Loyola Lawyer Spring 2009