College of Law-What's New-Fall 2013

what’s

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NEW

2013

at the COLLEGE OF LAW

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Loyola’s Skills and Experiential Learning P Dear colleagues, In 1985, Loyola University New Orleans College of Law became an early adopter of experiential learning when it formalized a skills requirement in its curriculum. while classroom work taught students the core concepts behind the law, Loyola’s skills classes taught students the practical day-to-day requirements of “doing lawyering.” as our recent recognition by National Jurist and Pre Law magazines demonstrates, Loyola has continued to innovate in experiential learning. In collaboration with other law schools through coalitions such as educating tomorrow’s Lawyers, Loyola strives to graduate outstanding practiceready attorneys.

In addition to our work on skills education, our faculty has continued to undertake important scholarship, publishing dozens of new articles, book chapters, and books. Please take a look at some of the highlights of our faculty’s work in the pages that follow. sincerely,

María Pabón López, J.D., Dean Loyola University New Orleans College of Law

“we developed this focus on practical training based on the needs of potential employers and a changing legal landscape.

I am confident that our ‘Practice tracks’ will encourage students to become more engaged in their law school education and will create opportunities to learn essential lawyering skills while becoming more marketable.”

— Christine Cerniglia Brown ’98, J.D. ’03 Coordinator of skills and experiential Learning

RECOGNIZED FOR EXCELLENCE IN INNOVATION Loyola University New Orleans College of Law was recently recognized by National Jurist and Pre Law magazines as one of the top 25 most innovative law schools in the country. these rankings were based on the faculty’s adoption of a new vision for the College of Law’s skills curriculum. since 1985, Loyola’s skills program has provided practical training through classes taught by judges and practitioners to provide students with skills necessary to make meaningful contributions to their employers and communities from the moment they graduate.

EXPERIENTIAL LEARNING: “PRACTICE TRACKS” the College of Law’s new vision for the skills program adopts a “Practice tracks” approach.

Over the course of two years, students participate in a series of experientially based skills classes designed to build expertise in practical aspects of four different practice areas: Civil Litigation, Criminal Practice, transactional Practice, and social Justice. the courses are offered in a chronological manner that allows students to understand the natural progression of a case or matter. In each Practice track, students are required to

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ning Program Is Among the Nation’s Best complete training in client interviewing and counseling, negotiation, cross-cultural communication, law office management, and professionalism. Currently, more that 150 lawyers and judges dedicate their time to teaching in the College of Law’s skills program.

SAMPLE SKILLS COURSES applied Legal storyboarding and storytelling Practicing with technology environmental & human Impacts of the BP Oil spill International advocacy and Peacekeeping Missions Louisiana Class action Procedure

WORKING TOGETHER TO REFORM LEGAL EDUCATION Loyola University New Orleans College of Law is honored to be part of several coalitions committed to reforming and improving legal education, with particular attention to experiential learning that results in our graduating trial-ready attorneys.

In 2012, the law school consortium Educating Tomorrow’s Lawyers (etL) admitted Loyola University New Orleans College of Law into its ranks. the 28 law schools comprising the etL consortium work together to reform models of legal education and align it with the needs of an evolving profession by providing a supported platform for shared learning, experimentation, ongoing measurement, and collective implementation.

Loyola’s College of Law is also part of The Alliance for Experiential Learning in Law, which includes legal educators and practitioners affiliated with almost 100 law schools and legal service organizations.

A NEW DIRECTOR FOR SKILLS AND EXPERIENTIAL LEARNING Loyola’s skills program is led by Christine Cerniglia Brown, Coordinator of Skills and Experiential Learning. Professor Cerniglia, a Loyola College of Law alumna, came to Loyola in 2012 from John Marshall Law school in atlanta. at Loyola, she oversees the creation of skills courses, staffs them with volunteer judges and attorneys, works with students to match their selection of skills courses with their academic interests and professional goals, and coordinates the externship program that places law students in real-world environments. her efforts have resulted in a dramatic reinvigoration of the skills program by modernizing it and formalizing it as part of the larger law curriculum, expanding externship opportunities, increasing outreach to professors who wish to integrate skills elements into their courses, and working with the Career Development and Law Practice Center to identify students’ needs and address them with particular skills-course regiments.

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FACULTY SPOTLIGHT

Loyola Law Professor Blaine G. LeCesne provides a legal framework for “gross negligence” and expert analysis on the BP oil spill trial as the monumental BP oil spill trial advances through its second phase, reporters from the most prestigious news outlets in the world continue to turn to Loyola Professor of Law Blaine LeCesne for analysis. an article by LeCesne published in the Michigan State Law Review, “Crude Decisions: Re-examining Degrees of Negligence in the Context of the BP Oil spill,” proposed a groundbreaking framework by which to understand “gross negligence,” a pivotal concept in the trial. No satisfactory working definition of that term currently exists in law—tellingly, the court asked attorneys in the BP trial to brief it on the criteria that determine gross negligence.

LeCesne hopes his scholarly work will prompt a conversation that will lead to a better working definition. his next article will be a proposed statute for gross negligence that governments throughout the country could adopt.

In the meantime, he continues to field calls from the New York Times, National Law Journal, BBC, al-Jazeera, Wall Street Journal, and other comparable publications asking for his expert legal analysis. as his scholarly work helps shape the future of environmental law, his analysis in the media helps guide reporters and the public through this complicated, historic trial.

Blaine G. LeCesne is Donna and John Fraiche Distinguished Professor of Law at Loyola University New Orleans. His areas of expertise are Louisiana Civil Procedure, Criminal Law, Torts, and Trial Advocacy.

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SCHOLARSHIP BY COLLEGE OF LAW FACULTY MARY GARVEY ALGERO warren e. Mouledoux Distinguished Professor of Law

DANE S. CIOLINO alvin R. Christovich Distinguished Professor of Law

DAVIDA FINGER assistant Clinical Professor of Law

Considering Precedent in Louisiana: Striking the Right Balance Between Predictability and Certainty of Interpretation on the One Hand, and Flexibility and Re-Interpretation on the Other, 58 LOY. L. REV. 113 (2012)

LOUISIANA CRIMINAL LAW: CASES AND MATERIALS (Esquire Books, 2013) (Co-author, with Bobby Marzine Harges & Wendy Shea)

FEMA’s Post-disaster Grant Recoupment: Hurricane Survivors Still Struggling Seven Years Later,

LOUISIANA LEGAL ETHICS: STANDARDS AND COMMENTARY

(Createspace, 2013)

LOUISIANA LEGAL RESEARCH (Carolina Academic Press, 2d ed. 2013)

HILARY ALLEN assistant Professor of Law Is Financial Instability A Tax Problem With A Tax Solution?, BNA BANKING REPORT, JULY 2, 2013 AT 38

JOHN F. BLEVINS associate Professor of Law Uncertainty as Enforcement Mechanism: The New Expansion of Secondary Copyright Liability to Internet Platforms, 34 CARDOZO. L. REV. 1821 (2013)

CHERYL P. BUCHERT associate Clinical Professor of Law FAMILY LAW, IN LOUISIANA CIVIL PRACTICE FORMS 195 (West, 2013 ed.)

32 CLEARINGHOUSE REV. 175 (2012)

ROBERT A. GARDA, JR. Fanny edith winn Distinguished Professor of Law Disabled Students’ Rights of Access to Charter Schools under the IDEA, Section 504 and the ADA, 32 J. NAT’L ASS’N ADMIN. L. JUDICIARY 516 (2012)

MITCHELL F. CRUSTO Professor of Law Empathic Dialogue: From Formalism to Value Principles, 65 SMU L. REV. 845 (2012)

DOMINIQUE M. CUSTOS Judge John D. wessel Distinguished Professor of Law The Guarantees of Independence of Agency Quasi-Judicial Function in Louisiana: Towards a French Way of Judicial Review of Administrative Action?, in INDÉPENDANCE(S), ÉTUDES OFFERTES AU PROFESSEUR JEAN-LOUIS AUTIN 527 (Université de Montpellier; Michel Clapié, Sébastien Dénaja & Pascale Idoux eds., 2012)

The Legal Impact of Emerging Governance Models on Public Education and its Office Holders, 45 URB. L. 21 (2013) (Co-author, with David Doty)

Students With Disabilities, in EDUCATION LAW: EQUALITY, FAIRNESS, AND REFORM 467 (Aspen Publishers; Derek Black ed., 2013)

DAVID W. GRUNING william L. Crowe, sr.

Professor of Law LOUISIANA CIVIL LAW TREATISE: SALES (WEST, 2012) (Co-author, with Dian TooleyKnoblett)

BOBBY MARZINE HARGES adams & Reese Distinguished Professor of Law HARGES AND JONES’ LOUISIANA EVIDENCE (WEST, 2013) (Coauthor, with Russell Jones) LOUISIANA CRIMINAL LAW: CASES AND MATERIALS (Esquire Books, 2013) (Co-author, with Dane S. Ciolino & Wendy Shea)

JOHANNA KALB associate Professor of Law Guantanamo Continued, in VIOLENCE: DO WE KNOW IT WHEN WE SEE IT? A READER 289 (Carolina Academic Press; Dee Wood Harper, Lydia Voigt & William E. Thornton eds., 2012)

The Judicial Role in New Democracies: A Strategic Account of Comparative Citation, 38 YALE J. INT’L L. 423 (2013)

BLAINE G. LECESNE Donna and John Fraiche Distinguished Professor of Law Crude Decisions: Re-Examining Degrees of Negligence in the Context of the BP Oil Spill, 2012 MICH. ST. L. REV. 103

MARÍA PABÓN LÓPEZ Dean of the College of Law Judge adrian G. Duplantier Distinguished Professor of Law Reflections About Legal Education and Justice from the Perspective of a Latina Law School Dean, 48 CAL. W. L. REV. 431 (2012)

Women Leaders in the Areas of Higher Education, the Legal Profession and Corporate Boards: Continued Challenges and Opportunities, 9 SOCIO-LEGAL REV. 60 (2013) (Co-author, with Natasha Lacoste)

JOHN A. LOVETT associate Dean for Faculty Development and academic affairs; De Van Daggett, Jr., Distinguished Professor of Law Tragedy or Triumph in PostKatrina New Orleans?: Reflections on Possession, Dispossession, Demographic Change and Affordable Housing, XL FORDHAM URB. L.J. CITY SQUARE 22 (2013)

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SCHOLARSHIP BY COLLEGE OF LAW FACULTY M. ISABEL MEDINA Ferris Family Distinguished Professor of Law

MARKUS G. PUDER the honorable herbert w.

Christenberry Professor of Law

The Challenges of Facilitating Effective Legal Defense in Deportation Proceedings: Allowing Nonlawyer Practice of Law Through Accredited Representatives in Removals, 53 S.

Federalism and Mixity in the United States: A Survey of Federal Judges Regarding Erie Courts and Louisiana’s Civil

TEX. L. REV. 459 (2012)

Making History–Loyola University New Orleans College of Law Welcomes Dean María Pabón López, 58 LOY. L. REV. 1 (2012) (Lead author, with Kathryn V. Lorio, Lawrence W. Moore, S.J., and Natasha Lacoste)

DENISE PILIE academic success Instructor SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION, IN LOUISIANA CIVIL PRETRIAL PROCEDURE 899 (West; Max Tobias., Jr., John M. Landis & Gerald E. Meunier eds., 2012)

Law, 77 RABEL J. OF COMP. AND INT’L PRIVATE L. 251 (2013)

Uncertain Land Titles in Louisiana's Formative Years: Colonial Grants, John Marshall's Foster Opinion, and Lauterpachtian Interplays Between Private Law and International Law, 53 AM. J. LEGAL HIST. 329 (2013)

WILLIAM P. QUIGLEY Janet Mary Riley Distinguished Professor of Law Public Housing and Katrina, in

LOUISIANA CIVIL PRACTICE FORMS (WEST, 2013 ED.) (Co-editor, with Susan B. Kohn)

BUILDING COMMUNITY RESILIENCE POSTDISASTER: A GUIDE FOR AFFORDABLE HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT PRACTITIONERS (ABA, Dorcas R. Gilmore & Diane M. Standaert eds., 2013)

CRAIG SENN associate Professor of Law Ending Discriminatory Damages, 64 ALA. L. REV. 187 (2012)

STEPHEN SINGER assistant Clinical Professor of Law Fear and Loathing at the U.S. Border, 82 MISS. L.J. 833 (2013) (Co-author, with Janet C. Hoeffel)

KAREN C. SOKOL associate Professor of Law

IMRE S. SZALAI associate Professor of Law

The Possibility of Climate Manufacturing and the Need for Global Governance, in The Global Community Yearbook of International Law & Jurisprudence in GLOBAL TRENDS: LAW, POLICY &

OUTSOURCING JUSTICE: THE RISE OF MODERN ARBITRATION LAWS IN AMERICA (Carolina Academic Press, 2013)

JUSTICE ESSAYS IN HONOUR OF PROFESSOR GIULIANA ZICCARDI CAPALDO 563 (Oxford University Press; M. Cherif Bassiouni et al. eds., 2013)

LESLIE A. SHOEBOTHAM Professor of Law Off the Fourth Amendment Leash?: Law Enforcement Incentives to Use Unreliable DrugDetection Dogs, 14 LOY. J. PUB. INT. L. 251 (2013)

DIAN TOOLEY-KNOBLETT Jones walker Distinguished Professor of Law LOUISIANA CIVIL LAW TREATISE: SALES (WEST, 2012) (Co-author, with David W. Gruning)

SANDI VARNADO associate Professor of Law LOUISIANA LAW OF OBLIGATIONS: A METHODOLOGICAL & COMPARATIVE PERSPECTIVE: CASES, TEXTS AND MATERIALS (Carolina Academic Press, 2013) (Co-author, with Alain A. Levasseur & Randall Trahan)

ROBERT R.M. VERCHICK Gauthier-st. Martin eminent scholar and Chair in environmental Law Disaster Justice: The Geography of Human Capability, 23 DUKE ENVTL. L. & POL’Y FORUM 23 (2012)

Blow Out in the Gulf of Mexico: Assessing Environmental Damages and Minimizing Risk, 56 LAW & TECH. 10 (2012) (co-author with Stephen Wussow) (translated into Japanese by Tadashi Otsuka)

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FACULTY SPOTLIGHT

A new book by Imre Szalai provides a rich understanding of arbitration law Drawing on previously untapped archival sources, associate Professor of Law Imre szalai’s new book, Outsourcing Justice: The Rise of Modern Arbitration Laws in America, explores the many different people, institutions, forces, beliefs, and events that led to the enactment of modern arbitration laws during the 1920s and examines why U.s. arbitration laws radically changed during this period. the book demonstrates how the U.s. supreme Court has grossly misconstrued these laws and unjustifiably created an expansive, informal, private system of justice that touches almost every aspect of american society and impacts the lives of millions. these historical sources help demonstrate that the enactment of modern arbitration laws during the Roaring twenties was accompanied by sincere, idealistic hope; passionate and dedicated individuals and organizations; great expectations; generosity; a measure of serendipity, and celebrations fitting for the Great Gatsby. at the same time, these sources help demonstrate that the origins and development of these laws have a darker side: of frustration, fear, jealous competition, the horrors of war, betrayal, greed, and usurpation of power. szalai’s rich history of the arbitration reform movement, which has never been fully explored, leads readers to a deeper understanding of U.s. arbitration laws.

Professor Markus Puder Embodies Loyola’s Global Scope the College of Law counts among its distinct strengths an international perspective on legal education. Markus Puder, the honorable herbert w. Christenberry professor of law, is among the current faculty cultivating Loyola’s global scope. Puder leads the College of Law’s Foreign summer Program on Loyola’s campus, which educates and grants LL.M. degrees to attorneys from throughout the world, qualifying them to sit for U.s. bar associations.

Puder also represents Loyola at the summer school of european Private Law at the University of salzburg, austria. Loyola is the only U.s. law school invited to this elite program, the only one of its kind sponsored by the european Commission. as the College of Law expands its international reach, Puder is forging even more partnerships to provide Loyola students global opportunities. he is currently leading talks with law schools in Colombia, spain, and France to explore potential collaborations, and he is spearheading the 2015 launch of Loyola’s summer program in Panama City, Panama.

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COLLEGE OF LAW 7214 St. Charles Avenue Box 902 New Orleans, LA 70118