Loyola Lawyer Spring 2010

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Loyola Lawyer LOYOLA UNIVERSITY NEW ORLEANS LAW MAGAZINE

SPRING 2010

He Was a Dean for All Seasons

BRIAN BROMBERGER LED THE COLLEGE OF LAW THROUGH BOTH TURBULENT AND PROSPEROUS TIMES

COMMENCEMENT HONORS NEW GRADUATES • LOYOLA HOSTS ENVIRONMENTAL LAW CONFERENCE CLE BRINGS EDUCATION OUT OF THE CLASSROOM • LAW ALUMNUS WORKS TO END CANCER


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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 ’86 Assistant Dean of Admissions and Minority Affairs K. Michele Allison-Davis Vice President for Institutional Advancement Victoria A. Frank Associate Vice President for Development Chris Wiseman ’88 Associate Vice President for Marketing Terrell F. Fisher ’76 Loyola Lawyer Editor Publications Editor Ray Willhoft ’00 Loyola Lawyer Designer Publications Coordinator Theresa Ryan ’00 University Photographer Harold Baquet Senior Development Officer College of Law Suzanne Valtierra Law Alumni and Annual Fund Officer Alice Glenn Director of Public Affairs and External Relations Meredith M. Hartley Communications Coordinator James Shields Contributor Sean Snyder Photo Contributors Tyler Kaufman Kevin Zansler


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Loyola Lawyer LOYOLA UNIVERSITY NEW ORLEANS LAW MAGAZINE

Vol. 6 • No. 1 • Spring 2010 • www.law.loyno.edu

COVER FOCUS 10

He Was a Dean for All Seasons

FEATURES 16

Back to School

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A Passion for a Cause

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Fighting for the Rights of Others

DEPARTMENTS 6

On the Record

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Alumni News

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Alumni Events

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Faculty News

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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From the Dean The following dean’s message was written prior to Dean Brian Bromberger’s death. We felt it was appropriate to include it as his goodbye to Loyola—Ed. The 2009 – 10 academic year has come to an end, bringing with it a sense of celebration in all that the College of Law has been able to accomplish. First, congratulations go to our 2010 graduates, who have ended their journey here at Loyola as students but will forever remain a part of the Loyola community as alumni. I look forward to their contributions to the legal world. I am happy to announce that the former Dominican Conference Center, located at the corner of Broadway Avenue and Dominican Street, will undergo renovation this summer and upon completion by June 2011, will house the Stuart H. Smith Law Clinic and Center for Social Justice as well as the offices of Career Services. The Law Clinic is a fully functioning legal clinic that allows third-year law students the opportunity to represent indigent clients under the supervision of experienced attorneys. By participating in the Law Clinic, student practitioners have an opportunity to experience representing clients firsthand, and the ability to further the Jesuit ideals of scholarship and service by providing legal representation to those who are less fortunate. I am also happy to report that the Annual Law Alumni Luncheon, which took place on January 29, was once again a huge success. The popular event brought together alumni from all facets of the legal community and allowed them to reconnect with each other and with Loyola. Also, the Hon. Mary Ann Vial Lemmon, J.D. ’64 was presented with the 2010 St. Ives Award, the highest honor awarded by the College of Law Alumni Association, for her service and dedication to Loyola. Finally, it is with great pride, and some sadness, that I leave Loyola as dean of the College of Law. Though it was a difficult decision to make, I am pleased with all that I have been able to accomplish with the assistance of our outstanding faculty, staff, students, alumni, and friends of the college. I would like to thank all of you for the incredible experience, and I am certain that the college will continue to thrive in all of its future endeavors. Loyola is truly a community of which I have been honored to be a part, and I will always treasure my time as dean.

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

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COLLEGE PROFILE

The College of Law: Training Tomorrow’s Legal Professionals

In the Jesuit tradition of academic rigor, pursuit of justice, and service to others, the College of Law has as its mission to educate future members of the Bar to be skilled advocates and sensitive counselors-at-law committed to ethical norms in pursuit of dignity for all. PROGRAMS OF STUDY

CENTERS AND INSTITUTES

Civil Law (J.D.) Common Law (J.D.) U.S. Law (LL.M.)

Center for Environmental Law and Land Use Center for International Law Programs Institute for Continuing Legal Education Gillis Long Poverty Law Center Stuart H. Smith Law Clinic and Center for Social Justice

YOUR PRIVATE GIFTS TO THE COLLEGE OF LAW ARE CRITICAL. From supporting award-winning Moot Court and Trial Advocacy Teams to funding professorships for outstanding faculty, your annual gifts make a difference for the College of Law. Donations help our students achieve academic excellence while honoring our rich Jesuit tradition.

For more information, contact Suzanne Valtierra, Senior Development Officer, at smvaltie@loyno.edu or (504) 861-5442, or donate online at giving.loyno.edu


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On the Record

News New graduates honored at commencement

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oyola honored its 289 new law graduates during the College of Law Graduation Mass on May 11 at Holy Name of Jesus Church and the College of Law Commencement on May 12 at the Morial Convention Center Auditorium. The Hon. Glenda Hatchett, champion of youth mentoring and star of the nationally syndicated daytime television program “Judge Hatchett,” gave the commencement address. Hatchett, a graduate of Emory University School of Law, served as both senior attorney and manager of public relations for Delta Airlines. She was the company’s highest-ranking AfricanAmerican woman. Hatchett left Delta to accept an appointment as Georgia’s first African-American chief presiding judge of a state court and the department head of one of the The Hon. Glenda Hatchett largest juvenile court systems in the country. Hatchett is the author of the national bestseller, Say What You Mean and Mean What You Say. She serves as the national spokesperson for Court Appointed Special Advocates, is on the board of advisers for PlayPumps International, and helped found the Truancy Intervention Project. In addition, at the ceremony, University President Kevin Wm. Wildes, S.J., Ph.D., awarded Dean Brian Bromberger the President’s Medal, which is given in recognition of outstanding individual achievement, selfless service to community, and perseverance in the cause of preservation of human dignity.

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VITA Program hosts summit, Student Successes receives recognition Nikki Demetria Thanos was the recipient of the 2010

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he Loyola College of Law Volunteer Income Tax Assistance (VITA) Program hosted the 2009 Financial Education Summit, sponsored by the Asset Building Coalition of Southeast Louisiana. The summit, employing the “Train the Trainer” concept, was an opportunity for all VITA partners servicing the low to moderate taxpayer in greater New Orleans and its surrounding areas to learn about important financial topics and programs to offer and discuss with their clients, and to train other workers and volunteers. Presenters at the summit included representatives from the Internal Revenue Service, United Way, State of Louisiana Department of Revenue, Federal Deposit Insurance Corporation, and ASI Credit Union. Loyola’s VITA Program also received a recognition award from the American Bar Association Law Student Division. Loyola’s application for the award highlighted its accomplishments including the formation of a tax law society at Loyola as a key component of the VITA Program, the increasing number of tax returns prepared over the last few years culminating in the program’s highest output in 2009, and VITA’s first formal outreach to St. Bernard Parish, which was hit hard by Hurricane Katrina. This year, Loyola expanded the reach of the VITA Program by offering assistance in New Orleans East with the assistance of Mary Queen of Vietnam Community Development Corporation. In addition, an area was set aside for the financial education portion of the program while clients waited their turn for tax preparation.

Working in the Public Interest Student Achievement Award, presented by the student-led WIPI group at the University of Georgia School of Law. The Loyola Moot Court Team placed second overall in the John Marshall Law School International Moot Court Competition in Information Technology and Privacy Law. The team was also awarded best petitioner’s brief. The team included Megan Peterson, Tyler Rench, and coach Kelly Stein and is advised by Associate Professor Monica Wallace. Loyola took top honors during the 15th Annual Mardi Gras Moot Court Competition hosted by Tulane University Law School. The team included Matt Cutrer, Tiffany Tate, and Elissa Blache. Jordan Jeansonne coached the team, which posted one of the highest brief scores of the competition and achieved a perfect 7-0 record in advancing to the final round. In addition, Blache was awarded best oralist of the entire competition. The Loyola Moot Court Team was the inaugural champion of the DePaul University College of Law National Cultural Heritage Law Moot Court Competition. The team included David Vicknair, Geoff Sweeney, and Daniel Shanks, and was coached by Lindsey Surratt and faculty adviser Dr. Derek Fincham. The Loyola Trial Advocacy Team won first place at the Quinnipiac University Criminal Justice Trial Advocacy Competition. The Loyola team included Nia Weeks, Karina Perez, Ryan Higgins, and Dante Butler, who also received an award for conducting the best cross examination during the preliminary trials. The team is advised by Associate Professor Blaine Lecesne and coached by Adjunct Faculty Member Bill Sommers ’72, J.D. ’75. The Loyola team placed fifth in the Representation in Mediation Competition final rounds. The team included Krystle Ferbos and Brandon Harig, who were coached by Yasmin Aklilu and Paulina Davis.

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On the Record

News Law students assist with U.N. visit on housing

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oyola law students assisted with the visit of a United Nations special rapporteur on adequate housing on October 30 and 31. Special Rapporteur Raquel Rolnik is visiting cities across the country to talk to residents impacted by the national housing crisis. Her New Orleans, La., visit focused on public housing inadequacies resulting from Hurricane Katrina. Rolnik is traveling internationally to observe how governments protect access to housing, what the U.N. sees as a globally-recognized right. In addition to investigating the impact of the economic recession on the American housing crisis, Rolnik is examining government action, including demolition of public housing, and cuts in funding to support public housing for vulnerable families. Rolnik will present the findings of her mission to the U.N. General Assembly in a public report. J.P. Shuster, a second-year law student and president of the International Law Society, organized a coalition of student organizations to work with faculty and local advocacy groups to participate in Rolnik’s visit. Other student organizations included the Loyola chapters of the National Lawyer’s Guild, the Public Interest Law Group, and Amnesty International. Volunteers assisted with: distribution of publicity—

informing New Orleans residents when, where, and how they could participate in public portions of the visit; legal reporting—recording testimonies of New Orleans residents affected by housing policies for official submission to the U.N.; and policy advocacy—participation in both the town hall and advocacy group meetings. Activities during the visit included meetings with New Orleans city officials, a public housing site visit, and a town hall meeting.

College of Law brings noted speakers to campus

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he Loyola College of Law, the Journal of Public Interest Law, and the Loyola Institute for Quality and Equity in Education presented “Reconstructing Education in New Orleans Post-Katrina: Lessons in Education Reform” on October 16. Panelists discussed whether the charter school experiment is working; mistakes made and lessons learned in the four years since Katrina; and a direction for the future. Panelists included Paul Vallas, superintendent of the New Orleans Recovery School District; Michael Schwam-Baird and Laura Mogg from Tulane’s Cowen Institute; and Renita Thukral, director of policy for the Louisiana Association for Public Charter Schools. They were joined by moderators Robert Garda, associate professor in the College of Law, and Dr. Luis Mirón, dean of the College of Social Sciences. Dr. Kenneth Cloke, J.D., LL.M., Ph.D., lectured on his latest book, Conflict Revolution: Mediating Evil, War, Injustice and Terrorism, on October 29. Cloke is a nationally recognized mediator, arbitrator, attorney, professor, and author who devotes his career to conflict resolution. He has taught negotiation skills and conflict resolution at the Harvard University School of Law, Program on Negotiation; Pepperdine School of Law, Strauss Institute; UCLA; the University of Amsterdam, ADR Institute, and other law schools and universities. Cloke’s conflict resolution work has taken him to more than 20 countries including Austria, Brazil, China, Cuba, Georgia, India, Pakistan, the Ukraine, the former USSR, and Zimbabwe.

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College of Law hosts environmental law conference

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he Loyola College of Law and the Loyola Environmental Law Society hosted the 23rd annual conference for the National Association of Environmental Law Societies March 4 – 7. The conference was titled “Staying Afloat: Adapting to Climate Change on the Gulf and Beyond.” NAELS is a coalition of more than 50 law student groups that aims to connect, educate, and inspire the next generation of environmental leaders. This “solutions” conference brought environmental scholars and experts together to explore adaptation to climate change and how people can live sustainably in the 21st century and beyond through environmental law.

The featured keynote speaker was Richard Louv, author of Last Child in the Woods: Saving Our Children From NatureDeficit Disorder and founder of the Children & Nature Network. The College of Law also hosted a special screening of the film, Tapped, which examined the role of the bottled water industry and its effects on health, climate change, pollution, and reliance on oil. The screening was co-sponsored by the Tulane Environmental Law Society. Other panels included “No Place like Home: Environmental Justice on the Front Lines of Climate Change” and “Toward a Sustainable Future: Finding the Most Sustainable Approaches to Land Use Decision Making,” among others. Conference attendees also had the opportunity to give back during a service trip as part of the One Million Trees Project, Right Tree for the Right Place at the Right Time. The project is a call to the legal community to plant one million trees over the next five years. The conference concluded with a field trip to the Lower 9th Ward, led by Daryl Malik-Wiley, Sierra Club Environmental Justice Organizer. Stops included visits to homes built by the Make it Right Foundation and Global Green.

Fourth Circuit brings courtroom to College of Law

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oyola law students were invited to attend oral arguments before the State of Louisiana Court of Appeal Fourth Circuit on November 3 at the College of Law. Three cases were heard by a three-judge panel that included Judge Charles Jones, Judge James McKay, III, and Judge Edwin Lombard. The cases heard were: Joseph “Smokey” Johnson and Wardell Quezergue v. Tuff-N-Rumble Management, Inc., Boutit, Inc., DBA No Limit Records, L.L.C., and Sony Music Entertainment, Inc.; 2009-CA-0739; Daisy Palmer, et al. v. Zulu Social Aid and Pleasure Club, INC., et al.; 2009-CA-0751; and Leander Winford v. Dept. of Police; 2009-CA-0770.

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He Was a Dean for All Seasons BRIAN BROMBERGER LED THE COLLEGE OF LAW THROUGH BOTH TURBULENT AND PROSPEROUS TIMES BY MEREDITH HARTLEY

Author’s Note: At the conclusion of this academic year, Brian Bromberger, dean of the College of Law and the Judge Adrian G. Duplantier Professor of Law, was to retire after 50 years of teaching and affecting countless lives with his engaging and supportive nature. Having left the college in a position of strength, Bromberger was ready to turn it over to the next steward. It is bittersweet for many at Loyola University New Orleans that they are not bidding this jovial dean a fond farewell, but are rather saying a final goodbye to the man who has seen the college through the worst of times and best of times. Bromberger died on Thursday, May 27, at the age of 72 after suffering a heart attack in his New Orleans, La., home just weeks before he and his wife, Carolyn, were to move back to Australia to rejoin their family. At press time, this had been a retirement story lauding Bromberger’s achievements and celebrating his years as a dedicated scholar. It was to be a respectful send-off to his new life of retired bliss. Now the article offers poignant glimpses into the life Bromberger was looking forward to and the indelible impression he made on others.

When Dean Brian Bromberger took the helm of the Loyola University New Orleans College of Law in 2003, he had little idea that during his tenure, the college would face its most difficult period in its almost 100-year history. Things started out quietly enough. There were the typical academic issues to address, such as improving harmony and productivity of faculty and staff, reducing attrition rates, and stepping up fundraising efforts in order to finance a major physical expansion of the college. But then disaster struck in the form of a hurricane that needs no introduction. This was quickly followed by levee failures and the devastating flood of an entire city. Despite this major catastrophe, which flung students, faculty, and staff alike to all corners of the United States, Bromberger was able to navigate the college through the murky and SPRING 2010

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University of Houston Law Center Dean Nancy Rapoport and Dean Brian Bromberger during the College of Law’s temporary residence in Houston, Texas, in fall 2005. Photo by Mark Lacy.

treacherous waters of post-Katrina recovery and has positioned it soundly for the future. His impact on the university and his accomplishments were recognized recently during the College of Law’s graduation ceremony on May 12, when University President Kevin Wm. Wildes, S.J., Ph.D., awarded Bromberger the President’s Medal. The medal is given in recognition of outstanding individual achievement, selfless service to community, and perseverance in the cause of preservation of human dignity. “Dean Bromberger’s accomplishments are numerous and exemplary. He served this university selflessly and led his college to great heights of achievement, even in the face of disaster,” says Wildes. “To say that he will be missed is an understatement.” Members of the college agree. The Rev. Lawrence Moore, S.J., associate dean for academic affairs and Ex Officio Philip and Eugenie Brooks Distinguished Professor of Law, says Bromberger was an excellent fit for Loyola as a man of deep religious faith that drove his commitment to social justice. “I have seen many deans in my 28 years on the law faculty, and Brian Bromberger was by far the best dean,” says Fr. Moore. “He came to the deanship with a full ‘toolbox’ and quickly established warm relationships with students and alumni. His style of dealing with faculty and staff personnel issues was with kindness, but with a firm set of standards. The College of Law is a far better school than when he came.” For Bromberger, his retirement was to be an opportunity to reconnect with family in his native Australia and to 12

continue work with an organization there about which he was quite passionate. He hoped to again serve the Mental Health Review Tribunal Board in Sydney as a judge once he had settled back into life in Sydney. While he looked forward to improving his golf handicap, Bromberger said leaving Loyola and New Orleans wasn’t going to be easy. “When I decided to retire, I sent an e-mail out to my deans’ listserv saying the best job in the world is available. My team here, the engine of the place, is great. There’s a desire to make the place better. To work in that environment, it’s just fantastic,” he said. “New Orleans grows on you, you know,” he continued. “It reminds me of an article I once read in Time magazine about Sophia Loren. It described her and picked apart all her features… her forehead was too high, eyes too wide apart, hips too big. But mama mia, she’s beautiful! You can say the same about New Orleans. Individually, there’s so much wrong. Collectively, it’s just lovely.” His colleagues described the dean in glowing terms: accessible, effective, strategist, caring, committed, visionary, supportive, accountable, and intellectual. Perhaps the best description was personable. “Brian was more than just my boss,” says Barbara Wilson, executive assistant to the dean. “He was the person from whom I sought advice. I thought of him as my mentor and friend.” Bromberger’s winning personality served the college well according to Richard McCormack, J.D. ’84, president of the Loyola Law Alumni Board and an attorney with Irwin, Fritchie, Urquhart & Moore of New Orleans. “He was very engaged and made everyone feel special and important. And it wasn’t an act. I was sincerely amazed at how he looked at the world. It made you want to do things for him. That’s an absolute key quality of the job,” says McCormack. He adds that Bromberger reenergized out-of-state law alumni by traveling to cities with chapters and spreading the word about the college’s accomplishments. There were many to talk about, including several national Moot Court and Trial Advocacy Team wins, the extraordinary efforts of the Stuart H. Smith Law Clinic and Center for Social Justice, federal recognition of the Volunteer Income Tax Assistance Program, and the continued success of the Westerfield Fellows Program, which was established in 2004 by Bromberger in honor of Loyola’s first African-American

“Dean Bromberger’s accomplishments are numerous and exemplary. He served this university selflessly and has led his college to great heights of achievement, even in the face of disaster.” —The Rev. Kevin Wm. Wildes, S.J., University President

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dean, Louis Westerfield. These points of pride resonated with alumni. Contributions increased under Bromberger’s tenure more than any other time in the college’s history, totaling almost $15 million. “As an alumnus, you don’t mind giving money to the college because you know he was doing great things and it would help him achieve those things,” McCormack continues. “I didn’t think twice about whipping out my check book and writing a check for him.” That fundraising ability enabled the college to expand in 2006 with the construction of the Wendell H. and Anne B. Gauthier Family Wing, a four-story, 16,000 square-foot addition to the main law building. Growth continues today as the Stuart H. Smith Law Clinic and Center for Social Justice prepares to move into more spacious accommodations in the former Dominican Conference Center, which is currently being refurbished. The Law Clinic allows third-year law students the opportunity to represent indigent clients under the supervision of experienced attorneys. By participating in the Law Clinic, student practitioners have the chance to experience representing clients firsthand, and an opportunity to further the Jesuit ideals of scholarship and service by providing legal representation to the needy. From a faculty standpoint, Bromberger’s impact could be seen in an increase in scholarly activities, expanded interaction with other law schools across the country, and a larger cadre of highly credentialed professors. A faculty lecture series and two new journal-related symposia were made possible because of his willingness to champion and fund these programs. M. Isabel Medina, the Ferris Family Distinguished Professor of Law, says Bromberger’s support and encouragement of professors and instructors made a tremendous difference in the faculty’s outlook and productivity. “While like any law school, we face some challenges (preparing our students to pass the bar and become successful professionals, for example), we are wellpositioned to tackle the inevitable challenges that may come our way,” says Medina. Some would think bringing a college back from the brink of a major disaster, expanding faulty numbers, and adding a state-of-the-art facility would be counted among a dean’s major accomplishments. Not for Bromberger. He counted as his biggest success the overall harmony and selfconfidence of the college. “There’s the building, the Westerfield Fellows, the Law Clinic, more faculty… I regard all that as inevitable progress. Physical things can’t change an academic climate, but they can give a feeling of achievement and success and that can change an academic climate.” “The college is currently on an incline upwards, and just by virtue of that, it’s going to improve,” said Bromberger. “If I were to count the biggest thing I’ve done, it would be restoring harmony, internally in the college and in the

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Contract signing for the College of Law expansion in 2005.

“I have seen many deans in my 28 years on the law faculty, and Brian Bromberger was by far the best dean.” —The Rev. Lawrence Moore, S.J., Associate Dean for Academic Affairs

Dean Brian Bromberger, University President Kevin Wm. Wildes, S.J., Ph.D., and the Gauthier family at the dedication of the Wendell H. and Anne B. Gauthier Family Wing in 2007.

college’s relationship with administration. I don’t want you to think the place is asleep, but now the debate is carried out in a civilized manner. No dean could be more proud of the work being done here.” If you would like to make a contribution to the Brian Bromberger Memorial Fund, please contact Suzanne Valtierra at (504) 861-5442 or smvaltie@loyno.edu, or visit giving.loyno.edu

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Fall 2009

Loyola College of Law and Pat Phipps, director of the Skills Curriculum, would like to thank the following attorneys and members of the Bench for volunteering their time, effort, and energy to teach the Skills Curriculum workshops.

SKILLS CURRICULUM COURSE VOLUNTEERS Trial Tactics William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C.

Opening Statements—Introduction to Advocacy Dominic J. Gianna; Middleberg Riddle & Gianna

Deposition Skills Workshop William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C.

First Amendment Issues Affecting the Media Lori G. Mince; Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P.

Alternative Dispute Resolution Donald Douglas; Juge Napolitano Guilbeau Ruli Frieman & Whiteley, A.P.L.C.

Using Demonstrative Evidence at Trial Marion D. Floyd; Attorney at Law

Representing the Federal Criminal Defendant Marion D. Floyd; Attorney at Law

The Professional in Practice Bobby J. Delise; Delise & Hall

Motion Practice Bobby J. Delise; Delise & Hall

An Overview of Construction Law Sharonda R. Williams; Sher Garner Cahill Richter Klein & Hilbert, L.L.C. Howard Boyd; Sher Garner Cahill Richter Klein & Hilbert, L.L.C.

Mock Mediation Workshop Wayne M. Babovich; Babovich & Spedale Bobby M. Harges; Professor, Loyola University New Orleans College of Law

Negotiation & Settlement Techniques Workshop Bobby J. Delise; Delise & Hall

Pleadings Drafting Erin F. Lorio; Peragine & Lorio, L.L.C. Amanda Cox; Peragine & Lorio, L.L.C.

Basics of the Mergers and Acquisitions Megan C. Riess; Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P. Joshua A. Decuir; Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P.

Fundamentals of Arbitration Joseph C. Peiffer; Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P. Edward P. Sharfenberg; Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P.

Handling the Medical Malpractice Case Charles O. Taylor; Chehardy, Sherman, Ellis, Murray, Recile , Griffith, Stakelum & Hayes, L.L.P.

Using the Internet for Legal Research Brian Huddleston; Senior Reference Librarian Loyola University New Orleans College of Law

The Art of Persuasion William J. Sommers, Jr.; Duncan, Courington & Rydberg

Developing the Theme and Theory of the Case William J. Sommers, Jr.; Duncan, Courington & Rydberg, L.L.C. Ethical Dilemmas of On-Line Marketing From Blogs to Twitter Scott Wolfe; The Wolfe Law Firm Foreign and International Legal Research Nona Beisenherz; Foreign & International Research Librarian Loyola University New Orleans College of Law Drafting Corporate Documents Steven Serio; Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P. Legal Letters—Communication for Lawyers Warren Horn; Heller, Draper, Hayden, Patrick & Horn, L.L.C.

A View from the Bench—Domestic Violence Joe Giarrusso, Jr.; Magistrate Commissioner, Div. 5 (ret.) Leon Cannizzaro; District Attorney, Orleans Parish The Professional in Practice Val P. Exnicios; Liska, Exncios & Nungesser Charles Plattsmier; Chief Disciplinary Counsel, LA State Bar The Hon. Pascal F. Calogero; Chief Justice (ret.), Louisiana Supreme Court (ret.) The Hon. Ivan L.R. Lemelle; Judge, U.S. District Court The Hon. Carl J. Barbier; Judge, U.S. District Court The Hon. Max N, Tobias, Jr.; Judge, Court of Appeals, 4th Circuit The Hon. Joe Giarrusso; Mag. Ret. Orleans Parish Criminal District Court (ret.) SPECIAL SKILLS OFFERINGS Courts in Action Rule Day The Hon. Madeleine M. Landrieu; Judge, Civil District Court, Section 7, Div. E

Using Evidence in a Courtroom Setting Richard Leefe; Leefe, Gibbs, Sullivan, Dupre & Aldous

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Continuing Legal Education Says

THANK YOU! A DAY WITH THE DOL The Hon. Lee J. Romero; U.S. Department of Labor, OALJ David A. Duhon; U.S. Department of Labor, OWCP Alan G. Brackett; Mouledoux, Bland, Legrand & Brackett Michael O. Brewer, Jr.; U.S. Department of Labor Art Brewster; Attorney at Law Don Palmintier; The Gray Insurance Company

Loyola wishes to thank the following speakers and advisory board members for a successful fall 2009 programming season. Thank you for your support!

ESSENTIAL ISSUES AFFECTING CORPORATE ATTORNEYS AND IN-HOUSE COUNSEL Nancy J. Marshall; Deutsch, Kerrigan & Stiles, L.L.P. Edward F. Harold; Fisher & Phillips, L.L.P. Bobby Marzine Harges; Loyola University New Orleans College of Law Rene E. Thorne; Jackson Lewis, L.L.P. Jason Stein; Jackson Lewis, L.L.P. Larry G. Canada; Galloway, Johnson, Tompkins, Burr and Smith

ANNUAL ESTATE PLANNING CONFERENCE Joseph W. Mengis; Perry, Atkinson, Balhoff, Mengis & Burns, L.L.C. Joel Mendler; Sirote & Permutt Lawrence M. Lehmann; Lehmann, Norman & Marcus, L.C. David A. Diamond; J.P. Morgan Robert L. Perez*; Perez, McDaniel & Faust, L.L.P. Dane Ciolino; Loyola University New Orleans College of Law Jeffrey W. Koonce; Phelps Dunbar William Frazier, ASA; Howard, Frazier, Barker, Elliot, Inc. John A. Rouchell; Baldwin, Haspel, Burke & Mayer, L.L.C. Wayne E. Thomas, CL; Thomas Financial Group Raymond P. Ladouceur; Ladouceur & Ladouceur Bruce Spizer; Attorney at Law Michael E. Guarisco*; Guarisco & Cordes, L.L.C. David J. Lukinovich*; David J. Lukinovich (A.P.L.C.) Jerome J. Reso, Jr.*; Baldwin Haspel Burke & Meyer Kenneth A. Weiss*; McGlinchey Stafford

SOCIAL SECURITY DISABILITY—HOW TO HANDLE YOUR CLIENT’S CASE The Hon. Kerry Anzalone Eirleen Eckholt-Brown Nancy T. Favaloro; Seyler Favaloro, Ltd. Matt Greenbaum; The Law Office of Matt Greenbaum Viki Lovelace Adam Meunier; The Law Office of Melanie A. Levitt Patricia Montgomery Nancy Pizzo The Hon. Glynn Voisin The Hon. Jay C. Zainey; U.S. District Court—Eastern District of Louisiana Casie Zimmerman; The Law Office of Matt Greenbaum

ANNUAL FAMILY LAW CONFERENCE Marc D. Winsberg*; Schonekas, Winsberg, Evans & McGoey, L.L.C. Jennifer C. deBlanc; O’Brien & deBlanc Frank P. Tranchina, Jr.*; Tranchina & Mansfield, L.L.C. Lindsey Ladouceur; Ladouceur & Ladouceur Mark J. Mansfield; Tranchina & Mansfield, L.L.C. The Hon. Ernestine Gray; Orleans Parish Juvenile Court Leon A. Cannizzaro, Jr.; District Attorney—Orleans Parish Lisa Matthews; 22nd Judicial District Court—Hearing Officer Claud C. Lightfoot; Attorney at Law Steven E. Bain; Attorney at Law Maria Marks; Schonekas, Winsberg, Evans & McGoey, L.L.C. Lynne Wasserman*; Attorney at Law Jack Dverin; Attorney at Law

PRACTICAL APPLICATIONS OF FEDERAL AND STATE RULES OF EVIDENCE IN A COURTROOM SETTING The Hon. Jay C. Zainey; U.S. District Court—Eastern District of Louisiana The Hon. Rosemary Ledet; Civil District Court for the Parish of Orleans James J. Brady; U.S. District Court for the Middle District of Louisiana Clement Donelon; Law Office of Clement P. Donelon Richard K. Leefe; Leefe Gibbs Sullivan Dupré & Aldous

SPRING 2010

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* Advisory Board Member

For more information, visit www.law.loyno.edu/cle or call (504) 861-5441.

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CLE OFFERS EXCITING PROGRAMS TO KEEP LAWYERS EDUCATED AND INFORMED BY RAY WILLHOFT ’00

16

LOYOLA LAWYER


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or most lawyers, time is crucial.

F

That’s why trying to squeeze in

continuing legal education credits, which are mandated by most states, can often be a hassle. But Loyola’s Institute

for

Continuing

Legal

Education (CLE) is making going back to school a little easier with informative

(and

often

fun)

programs.

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The Need for CLE Because all new Louisiana Bar inductees are required to complete 12.5 hours of continuing legal education, including 8 hours of ethics, professionalism, or law office management, during their first year of practice, and all practicing Louisiana attorneys must complete 12.5 hours annually, including 1 hour of ethics and 1 hour of professionalism, as mandated by the Louisiana Supreme Court’s Committee on Mandatory Continuing Legal Education, CLE is fulfilling a great need. But Loyola was ahead of the game when it established its CLE office back in the early 1980s before CLE became mandatory. The purpose of CLE is to keep practitioners abreast of new legal developments and trends in the legal community. CLE works to improve lawyer understanding of ethical and professional responsibilities encountered in the practice of law. This is done through a series of programs and events held each year, which cover a broad range of topics. Lana Corll, director of CLE, is tasked with putting together informative programs that appeal to alumni and non-alumni alike. “We try to put on programs that offer information and skills which participants can take with them and utilize in their careers,” she says.

Annual Longshore Conference

“We try to put on programs that offer information and skills which participants can take with them and utilize in their careers.” —Lana Corll Director of CLE

An Annual Success One of the largest and most successful programs that CLE offers each year is the Annual Longshore Conference, held in conjunction with the U.S. Department of Labor. The first longshore seminar was held in September 1979 when the thendistrict director of the U.S. Department of Labor Office of Workers’ Compensation approached Loyola to help them put on a program to educate all segments of the industry affected by the Longshoremen’s and Harbor Workers’ Compensation Act. The program covered developments in the law since the 1972 Amendments. The program is designed for both the experienced and newer longshore professional and is “userfriendly” and interactive, allowing the presenters and participants to learn together on these issues of importance.

Clarence Darrow Play

Keeping Education Interesting In addition to offering practical programs, CLE tries to put on entertaining programs as well that bring the legal content to life. Past events have included: The Women Lawyers Club, a theatrical montage that examined some of the issues that fueled the legal interests of women; Crimes, Causes, and the Courtroom, a one-man play featuring the life of Clarence Darrow; and Father Chief Justice: E.D. White and the Constitution, a play in which the life of Louisiana’s native son Chief Justice Edward Douglass White was portrayed by local legal notables. Most recently, CLE presented “Contempt of Court: A Discussion of the Lynching that Changed the American Legal System,” a staged reading by Mark Curriden, J.D., author of 18

Mark Curriden, J.D.

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Contempt of Court: The Turn-of-the-Century Lynching that Launched a Hundred Years of Federalism. In 2005, The Wall Street Journal described Contempt of Court as one of the five most important books ever on the American criminal justice system. “We try to keep education interesting,” says Corll, “so I’m always on the lookout for new programs that are informative as well as entertaining.”

Upcoming CLE Events Essential Issues Affecting Corporate Attorneys and In-house Counsel September 24, 2010

A Day with the Department of Labor

Providing a Useful Service Though there are several for-profit organizations that offer continuing legal education credit, Loyola prides itself on the vast array of programs it is able to put on itself and the quality of the speakers and programs. “Law schools are held to a higher standard,” says Corll. “We have a reputation to uphold, so we try to stay on top of new areas of interest.” Keeping on top of those new areas of interest is especially important for the CLE Advisory Board, whose participation is vital for CLE’s continued success. “The work has been rewarding, and the administration of the programs has been excellent,” notes CLE Advisory Board Member Jerome J. Reso, Jr. ’58, J.D. ’61. “We put on quality programs whose topics and speakers are designed to be responsive to our participants’ interests.”

September 29, 2010

Social Security—How to Handle Your Client’s Case October 15, 2010

Practical Applications of Rules of Evidence in a Courtroom Setting October 29, 2010

Federal Civil Procedure: Navigating the Mine Fields and Avoiding the Pitfalls November 11, 2010

Annual Estate Planning Conference December 2 – 3, 2010

“Loyola is a great school, and I’ve had wonderful experiences as a student, as a teacher, and as a CLE speaker.”

Annual Family Law Conference December 9 – 10, 2010

Annual Longshore Conference March 24 – 25, 2011

—Richard Leefe, J.D. ’74

And since the majority of CLE program speakers offer their services on a voluntary basis, it’s important they feel they are working for a quality program. Many are Loyola alumni and are happy to give back to their alma mater. “Loyola is a great school, and I’ve had wonderful experiences as a student, as a teacher, and as a CLE speaker,” says Richard Leefe, J.D. ’74, who, as the author of the Louisiana Code of Evidence, is a perfect speaker for the CLE evidence seminar. With support like that, CLE is sure to remain a point of pride for the College of Law for many years to come.

Be sure to check out our new online courses!

For more information on upcoming CLE events, visit law.loyno.edu/cle or call (504) 861-5441.

Clarence Darrow: Crimes, Causes and the Courtroom

Maxims, Monarchy and Sir Thomas More July 28, 2010

Impeach Justice Douglas! September 15, 2010

Thurgood Marshall’s Coming! November 3, 2010

December 22, 2010 All online courses are held from 11 a.m. to 3:15 p.m. Earn 3 hours of CLE credits, including 1.0 hours of ethics and 1.0 hours on professionalism.

SPRING 2010

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A Passion for a Cause Robert Heugle, Jr., J.D. ’80 works to brighten the lives of children fighting cancer By Sean Snyder


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F

or New Jersey civil litigation attorney Robert “Bob” Heugle, Jr., J.D. ’80, bringing smiles to children isn’t just a passion—it’s something he lives for daily. In 2004, Heugle founded the Frances Foundation, an organization committed to brightening the lives of children fighting cancer. Heugle received the inspiration to begin the foundation after the loss of his mother, Frances J. Heugle, to colon cancer in 2000. As its mission, the organization strives to lessen the pain and suffering of children fighting cancer by providing them with a special gift, a special gesture, or a few special moments. In addition, the foundation also provides financial assistance to families in need of help due to their child’s illness, and supports research aimed to terminate childhood cancers. “Can you imagine the devastation of being a parent of a young child who has just been diagnosed with a life-threatening cancer condition?” asks Heugle. “It’s a horrifying thought… what typically follows for these families is months, if not years, of exhausting and expensive treatment in an all-out effort to save the child.” According to Heugle, more than 8,500 children are diagnosed with cancer each year, and thanks to the generous help of donors, the foundation is able to touch hundreds of these kids annually. “Every cent that the foundation collects is used for the kids,” says Heugle. “All administrative costs are covered by the organization’s trustees.” Since its inception, the Frances Foundation has worked with families from around the country to help ease their immense burden. “Just bringing smiles to the faces of these young heroes is all the inspiration the families need to keep fighting,” notes Heugle. Jake Healy, one patient touched by the foundation, was diagnosed with Leukemia in 2002 at the age of six. He was treated with chemotherapy for more than three years and had achieved remission. However, in January 2007, Jake relapsed, and this time the treatment did not work as before. Because of the condition, Jake was forced to receive a bone marrow transplant, making an already tough situation even tougher. Desperate to lift the spirits of the child, the family contacted the Frances Foundation, which came in and provided two special opportunities for Jake, his family, and his friends. For his first outing, Jake and his friends were able to attend a Lakewood Blueclaws game, a minor league baseball team. The kids were able to travel in a luxury coach, watch the game in comfort from the luxury suite, and Jake threw out the first pitch. After the game, the kids were able to get autographs by Daryl Strawberry and eat funnel cake, ice cream, and candied apples. “You could feel the laughter and excitement in the air, and the smiles brought tears to our eyes,” says Susan Healy, Jake’s mother. “This was a special evening that gave us the strength and courage to get through the transplant process.” After Jake’s bone marrow transplant, the foundation once again brought a smile to Jake as he and his friends traveled by limousine to experience a New York Yankees game in the new

SPRING 2010

www.law.loyno.edu

Yankee Stadium. At the heart of the Frances Foundation are the generous donors that make great experiences, such as Jake’s, possible. Each year, the foundation holds a gala, which serves as a fundraiser and a celebration to honor those who make possible the organization’s mission. The 2010 gala will be held on October 16 at the Ocean Place Resort and Spa, located in Long Branch, N.J. For 30 years, Heugle’s law practice has been exclusively devoted to civil litigation. He has extensive trial experience in the defense of construction, product liability and general liability, and negligence matters. The New Jersey Supreme Court has designated Heugle as a Certified Civil Trial Attorney, and he is a member of the Defense Research Institute, American Bar Association, and the Monmouth Bar Association. Originally from West Orange, N.J., Heugle attended Villanova University, a Roman Catholic/Augustinian institution, where he received bachelor’s and master’s degrees. While earning his law degree from Loyola, Heugle was a

“Every cent that the foundation collects is used for the kids. All administrative costs are covered by the organization’s trustees.” —Robert Heugle, Jr., J.D. ’80

member of the Loyola Law Review, participated in the Loyola Law Clinic, and worked in the Orleans Parish District Attorney’s Office. Upon graduation, Heugle served as a deputy attorney general for the state of New Jersey until 1984. While employed as a civil litigator in the Attorney General’s Office, Heugle’s responsibilities included construction and contract actions in addition to representing the state at condemnation hearings and trials, and at hearings before administrative law judges. Currently, Heugle heads the Corporate and Commercial Litigation Department at the law firm Lomurro, Davison, Eastman & Muñoz, located in Freehold, N.J. Since joining the firm, Heugle has continued to concentrate his practice in the defense of architectural/professional malpractice, construction, product liability, employment, and personal injury cases. For more information about the Frances Foundation, visit www.francesfoundation.net

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Fighting for the Rights of Others Professor Andrea Armstrong brings passion and purpose to Loyola and New Orleans By Ray Willhoft ’00

A

ssistant Professor of Law Andrea Armstrong has a passion for fighting for the rights of others, and that passion translates to purpose once she sets foot in the classroom. Since joining the College of Law faculty in January, she has hit the ground running bringing the law alive for her students. A New Orleans, La., native, Armstrong earned her B.A. in German and political science with a minor in Africana studies from New York University before joining the Peace Corps. It was during her time working in Turkmenistan that she developed her passion for international human rights, witnessing first-hand the degradation of the local people. This prompted her to earn an M.P.A. in international relations from the Woodrow Wilson School of Public and International Affairs at Princeton University. Armstrong researched regional conflict dynamics at the Center on International Cooperation at NYU and transitional justice strategies at the International Center for Transitional Justice. She also examined conflict prevention for the United Nations Department of Political Affairs; the denial of citizenship in Central Asia and the Caucasus for the Commission on Human Security; and human rights/refugee protection for the International Rescue Committee. Realizing that she could do even more with a law degree, Armstrong went on to earn her J.D. from Yale Law School, where she was able to tailor her curriculum to her specific interests, particularly in the area of criminal law and procedure. It was during law school that she first got involved with efforts to reform indigent defense in Louisiana, efforts that led to the enactment of Act 307, and created the Louisiana Public Defender Board. After law school, Armstrong returned to New Orleans and served as a law clerk for the Hon. Helen G. Berrigan of the U.S. Eastern District of Louisiana. In addition, Armstrong litigated prisoners’ rights issues, among others, as a Thomas Emerson fellow with David Rosen and Associates in New Haven, Conn. “Prisoners are often the people society cares the least about,”

SPRING 2010

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says Armstrong. “Jails and prisons are administered in our name, and it is our responsibility, as a community, to ensure that the administration of these institutions is fair.” But throughout her career, Armstrong also developed a passion for teaching, especially when she taught policy modules on democratization at the Junior Summer Institute at Princeton University. So joining the Loyola faculty was a natural progression for her. “I like to write, research, and advocate, so a fellow professor pointed out that joining a college faculty would be a natural fit.” And of course joining Loyola allowed Armstrong to return to her hometown. In her classroom, Armstrong teaches through student participation rather than lectures, enabling her students to learn from one another as well as allowing them to think on their feet. And so far, it has been a great experience for her. “There is an amazing sense of camaraderie among the Loyola faculty,” notes Armstrong. “Everyone wants to be a part of making great lawyers and making New Orleans a better city.”

“There is an amazing sense of camaraderie among the Loyola faculty. Everyone wants to be a part of making great lawyers and making New Orleans a better city.” —Andrea Armstrong, Assistant Professor of Law

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Alumni

News Charles C. Foti, Jr., J.D. ’65, former Louisiana attorney general, joined New Orleans law firm Kahn Swick & Foti, L.L.C. (KSF) as a named partner. Charles will continue his work with KSF’s securities and consumer fraud practice groups, including KSF’s institutional client base. Cullen Landry ’64, J.D. ’66, New Orleans, La., and THE MIDNIGHT STREETCAR R&B BAND were chosen to perform at the 2010 French Quarter Fest. The band was established to preserve New Orleans-style R&B music. Ted Frois, J.D. ’69, Westport Island, Maine, and Houston, Texas, joined the Board of Trustees for The Nature Conservancy of Maine. The Hon. James McKay, III, J.D. ’74, New Orleans, La., was elected president of the American Judges Association at its annual meeting in September 2009. Donna D. Fraiche, J.D. ’75, of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., in New Orleans, La., was named to Louisiana Super Lawyers 2010. David Sherman, J.D. ’77, Metairie, La., reigned as king of the Argus Mardi Gras parade. Kim Gandy, J.D. ’78, Silver Springs, Md., a Louisiana Tech alumna and nationally known women’s rights advocate, spoke on “The History of the Women’s

24

Movement” on the Louisiana Tech campus and again at the Lincoln Parish Library in March. Kim is currently vice president and general counsel of the Feminist Majority Foundation. Elwood F. Cahill, Jr., J.D. ’80, of Sher Garner Cahill Richter Klein & Hilbert, L.L.C., in New Orleans, La., was named to The Best Lawyers in America 2010 for Real Estate Law. The Hon. Louis J. Volz, III, J.D. ’80, received a lifetime appointment as a federal administrative law judge with the Social Security Administration, Office of Disability Adjudication and Review, in 2008, and was assigned to the Metairie, La., office. In August 2009, he accepted a transfer to the New Orleans, La., office. Marguerite L. Adams, J.D. ’81, of Liskow & Lewis, New Orleans, La., was named to The Best Lawyers in America 2010 for Real Estate Law and Trusts & Estates Law and was named to Louisiana Super Lawyers 2010. Paul O. Dicharry ’69, J.D. ’81, of Taylor Porter, Baton Rouge, La., was selected for inclusion in The Best Lawyers in America 2010. Kurt Goins ’78, J.D. ’81, received the Public Defender Gideon Award from the Louisiana Association of Criminal Defense Lawyers (LACDL) in December 2009. This award is named for the case of Gideon v. Wainwright,

a United States Supreme Court case which established the right to counsel for indigent defendants in felony cases. Kurt is an assistant public defender with the Caddo Parish Public Defender Office in Shreveport, La. David W. Leefe, J.D. ’82, of Liskow & Lewis, New Orleans, La., was named to The Best Lawyers in America 2010 for Maritime Law and Personal Injury Litigation and was named to Louisiana Super Lawyers 2010. Daniel Abel, J.D. ’83, is co-owner of Trout Point Lodge (www.troutpoint.com), located on the southern peninsula of Nova Scotia, which is “a resort in the north woods that combines culinary, backwoods and nature, and Acadian French cultural tourism.” The lodge was one of 10 finalists for the Ashoka Geotourism Challenge 2009. Nancy Scott Degan, J.D. ’83, of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., in New Orleans, La., was named to Louisiana Super Lawyers 2010. Robert S. Angelico, J.D. ’86, of Liskow & Lewis, New Orleans, La., was named to The Best Lawyers in America 2010 for Tax Law and was named to Louisiana Super Lawyers 2010. Magdalen Blessey Bickford ’83, J.D. ’86, joined the New Orleans, La., office of Jackson Lewis, L.L.P., as a partner.

Philip Greene, J.D. ’86, Washington, D.C., left the Department of Commerce and joined the Department of the Navy’s Office of the General Counsel, where he is the new Trademark Counsel to the U.S. Marine Corps, located at the Pentagon. Dan Claitor, J.D. ’87, Baton Rouge, La., was elected to the Louisiana Legislature as senator for District 16. Gary Cooper, J.D. ’87, Lawrence, Kan., was hired by Safety National as association manager in its underwriting department. James C. Exnicios, J.D. ’87, of Liskow & Lewis, New Orleans, La., was named to The Best Lawyers in America 2010 for Tax Law and was named to Louisiana Super Lawyers 2010. Paige Sensenbrenner ’83, J.D. ’87, partner with Adams and Reese, L.L.P., was named senior partner in charge of the firm’s New Orleans, La., office. Jeffrey Burgan, J.D. ’89, joined the Board of Trustees for RoseHulman Institute of Technology. He also is chairing the search committee to find the next president of Rose-Hulman. Thomas Ganucheau, J.D. ’91, partner with Beck, Redden & Secrest, L.L.P., in Houston, Texas, was elected to the Executive Committee of the Texas Association of Defense Counsel

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(TADC) as its 2009 – 2010 executive vice president and will assume the position of TADC president in 2011 – 2012. Patricia Lynch Franklin, J.D. ’92, joined the national law firm of Hinshaw & Culbertson, L.L.P., as a partner in its Miami, Fla., office. William C. Perez, M.B.A. ’94, J.D. ’94, joined Adams and Reese as Special Counsel in the Transactions and Corporate Advisory Services Practice Group in the firm’s New Orleans, La., and Washington, D.C., offices. Patrick Yancey, J.D. ’94, Houma, La., became a member of the Louisiana Bar Foundation, which helps provides free legal services to people across Louisiana. Steven W. Hays, J.D. ’95, joined the Intellectual Property Group of Pietragallo Gordon Alfano Bosick & Raspanti, L.L.P., in Pittsburgh, Pa., as a senior associate. Steven and his wife, Carolyn, currently reside in Grosse Pointe Woods, Mich., with their son, Robert, and their daughter, Madison. Holli Herrle-Castillo, J.D. ’96, New Orleans, La., celebrated the release of her debut novel, Gumbo Justice, in Las Vegas, Nev., at the Public Safety Writer’s Association writer’s conference. The novel is the first in the Crescent City Mystery Series, and although fiction, draws upon Holli’s previous experience as a prosecutor in Orleans Parish. The second novel in the series, Jambalaya Justice, is scheduled for

SPRING 2010

release Summer 2010 by Oak Tree Press. Holli has worked for the Louisiana Appellate Project as an appellate public defender since 2000. Maurice A. Brungardt ’94, J.D. ’97, is employed by the U.S. Department of State and is currently assigned to Washington, D.C. In addition to a variety of temporary duty assignments, he was previously posted domestically to San Juan, Puerto Rico, and overseas to Kampala, Uganda. Michael E. O’Brien, D.D.S. ’70, J.D. ’98, Slidell, La., associate professor and director of predoctoral studies in the Department of Oral and Maxillofacial Surgery at LSU Health Sciences Center New Orleans School of Dentistry, received the 2009 Daniel M. Laskin Award by the American Association of Oral and Maxillofacial Surgeons. Monica Sanchez, J.D. ’98, Metairie, La., LHLA secretary, was one of five recipients of the 2010 Top Lawyers Under Forty Awards from The Hispanic National Bar Association. Michael J. Barker, J.D. ’99, is a partner with Hinshaw & Culbertson, L.L.P., in its Jacksonville, Fla., office. Nolan C. Knight, J.D. ’00, Desoto, Texas, was named a shareholder at Munsch Hardt Kopf & Harr, P.C. C. Larry Carbo, III, J.D. ’01, was

www.law.loyno.edu

promoted to income shareholder status within Chamberlain Hrdlicka’s Houston, Texas, office. In 2007, he was recognized as a “Lawyer on the Fast Track” by H Texas magazine.

elected to partnership. Gregory focuses primarily on product liability matters in the areas of pharmaceutical drugs, medical devices, asbestos, and motor vehicles.

Sarah Schneider Kaseforth, J.D. ’01, Omaha, Neb., accepted a position as Claims Counsel with Fidelity National Title Company’s Omaha Regional Claims Center.

Bill Wynne, J.D. ’03, was named a partner in the law firm of Jones, Walker, Waechter, Poitevent, Carrère & Denègre, L.L.P., in New Orleans, La.

A. Kevin Troutman, J.D. ’01, a partner in the Houston, Texas, office of Fisher & Phillips, L.L.P., was named chair of the firm’s national Healthcare Practice Group.

Courtney C. Miller, J.D. ’04, Metairie, La., an associate with Adams and Reese L.L.P., was appointed to the Supervisory Committee of the Board of Directors of Shell New Orleans Federal Credit Union.

Shaune Pierre Bordere, J.D. ’03, served as the Dallas Regional Equal Employment Opportunity Counselor for Texas, Louisiana, and Mississippi to more than 75,000 U.S. Decennial Census managers, supervisors, professionals, and staff. Shaune was solely responsible for resolution, training, and administration of EEO and other labor complaints. Keron James, J.D. ’03, and his younger brother, Kofi, own and operate J&K Signature Styles, a women’s clothing and accessories store in Port-of-Spain, Republic of Trinidad and Tobago. Keron, an entertainment lawyer, also comanages his family business— Millennium Property Management Company, Ltd. Gregory F. Rouchell, J.D. ’03, of the Adams and Reese, L.L.P., New Orleans, La., office, was

Timothy M. Bourcier, J.D. ’06, AICP, senior planner with Davis, Bowen & Friedel, Inc., Annapolis, Md., was selected to receive the 2009 award for “Outstanding Planner” by the Maryland Chapter of the American Planning Association. Michelle Anderson, J.D. ’07, an associate with Fisher & Phillips, L.L.P., moved from the Tampa, Fla., office to the New Orleans, La., office. Kimberly A. Cannon, J.D. ’07, joined the law firm of Bogert & Rembold, P.L., in Coral Gables, Fla., as an associate. Her practice will focus in commercial litigation, construction litigation, and tort liability defense. Janel Glynn ’04, J.D. ’07, joined Gallagher & Kennedy, P.A., a full-

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Alumni

News service business law firm based in Phoenix, Ariz., as an associate. Victoria P. White, J.D. ’07, joined Adams and Reese as an associate in the Transactions and Corporate Advisory Services Practice Group out of the firm’s New Orleans, La., office. Elisa C. Mills, J.D. ’08, associate of Schonekas, Winsberg, Evans & McGoey, L.L.C, in New Orleans, La., was recognized by Cambridge Who’s Who for demonstrating dedication, leadership, and excellence in commercial litigation. Thena Robinson, J.D. ’08, New Orleans, La., an attorney for the Southern Poverty Law Center’s

School-to-Prison Reform Project, was named to Gambit’s annual “40 Under 40” list.

Orleans, La., office and practices in the commercial litigation section of the firm.

Byron R. Arthur ’89, J.D. ’09, is an associate attorney in the New Orleans, La., office of Kean Miller. He practices in the environmental, energy, and corporate litigation practice groups.

Allison Goertz, J.D. ’09 joined the New Orleans, La., law firm Galloway, Johnson, Tompkins, Burr & Smith, P.L.C.

William M. Burst, J.D. ’09, is an associate attorney in the New Orleans, La., office of Kean Miller. He practices in the admiralty and maritime, energy, and corporate litigation practice groups. Tod Everage, J.D. ’09 joined McGlinchey Stafford’s New

Brett Horton, J.D. ’09 was named counsel for budget and appropriations for the United States Senate Committee on Small Business and Entrepreneurship in Washington, D.C. He has been with the committee since August 2009, and also handles regulatory issues and federal procurement.

’09 is an associate attorney in the New Orleans, La., office of Kean Miller. She practices in the admiralty and maritime, energy, and corporate litigation practice groups. Anthony Marchese, J.D. ’09 joined McGlinchey Stafford’s New Orleans, La., office and practices in the consumer financial services and commercial litigation sections of the firm. Seth J. Smiley, J.D. ’09 joined the Wolfe Law Group in New Orleans, La., as an associate attorney.

Amanda L. Howard ’03, J.D.

A Man of Many Roles Lawyer, teacher, soldier, husband, father—Mike A. Prieto, J.D. ’98 is a man of many talents and many roles. As managing partner with Perrotta, Cahn & Prieto, P.C., in Atlanta, Ga., he has several practice areas. For the past several years, his practice has focused on the representation of plaintiffs against long-term care facilities, assisted living facilities, and serving as a county administrator and probate judge (pro-tem). Currently, Mike is lead counsel in NH cases in seven southern states, and he was named a Super Lawyer in Georgia. He also was named to the Executive Counsel for the Georgia Trial Lawyers Association and is a delegate for the State of Georgia to the AAJ (American Association for Justice, formerly American Trial Lawyers Association). He has held several leadership positions in the GTLA, Georgia Civil Justice PAC, and AAJ. As a teacher, Mike taught three courses at Kennesaw State University in Georgia. He also has chaired and spoken at numerous CLE events over the years. As a soldier, Mike was deployed to Afghanistan as part of the “serge” of American forces. He was on active duty since November 2009 and finally returned home to Atlanta in early April. But perhaps Mike’s greatest roles are those of husband and father. He and his wife, Kathy, J.D. ’98, who was previously an equity partner at a large Atlanta firm, have a five-year-old and welcomed twins last September, and all are enjoying each and every day together.

Photo courtesy of Daemon Baizan

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GIVE TO LOYOLA AND GET A LIFE INCOME IN RETURN

Make a safe tax-wise investment in Loyola offering you (and your spouse) an income for life 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.

One Life Your Age 65 70 75 80 85 90+

Rate of Return* 5.5% 5.8% 6.4% 7.2% 8.1% 9.5%

Two Lives Your Ages 65/70 70/75 75/80 80/85 85/90 90/95+

Rate of Return* 5.2% 5.5% 5.9% 6.6% 7.5% 9.0%

The rate of return is slightly lower for two lives because the period of payment generally is longer. *Rates effective July 1, 2010. 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, contact Robert S. Gross, Director of Planned Giving, at (504) 861-5565 or rgross@loyno.edu Be sure to visit our website: www.loyno.edu/plannedgiving

SPRING 2010

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Alumni

Events Annual Law Alumni Luncheon gathers friends, honors alumna M ore than 250 alumni came together for the Annual Law Alumni Luncheon on January 29 at the Hotel InterContinental New Orleans. This luncheon is one of the most popular events for the College of Law. The Hon. Mary Ann Vial Lemmon, J.D. ’64 received the 2010 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/a 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. Lemmon began her legal journey in 1961 at Loyola. While in law school, she met and married the Hon. Harry T. Lemmon, J.D. ’63. Upon graduation from Loyola in 1964, she joined her father and husband in practice in Hahnville, La. Following this, she was elected to the 29th Judicial District Court in 1981. In 1996, she was sworn in as judge for the United States District Court, Eastern District of Louisiana. Then, in 2004, she served as chair of the National Conference of Federal Trial Judges of the American Bar Association. And two years ago, she was named to the Hall of Fame of the Louisiana Center for Women and Government. Lemmon’s professional obligation has been to serve and help members of the community, regardless of income, race, or background. She stressed the theme of service to her family as well. Four of the Lemmons’ six children are also Loyola graduates.

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Celebrating friends and memories with law reunions C

ollege of Law classes continued celebrating reunions throughout the academic year. The Class of 1979 gathered nearly 100 alumni and guests over the weekend of November 10, 2009. The Class of 2004 celebrated their milestone at Tommy’s Cuisine on March 20, and the Class of 1980 made merry at chef Donald Link’s Calcasieu on April 10.

Class of 1980

Racing for Hope C

ollege of Law students, faculty, staff, and alumni participated in Race Judicata, the annual 5K race and one-mile fun run/walk fundraiser for Boys Hope Girls Hope, in Audubon Park on March 15. Boys Hope Girls Hope is a nonprofit, privately funded, multidenominational organization that works to break the cycle of poverty for Louisiana children in need.

Race Judicata

Honoring The Law Review T

he annual Law Review Banquet was held at the Audubon Tea Room on April 12. Law Review students and alumni were motivated by the passion of keynote speaker and Loyola law alumnus James Perry, J.D. ’07.

James Perry, J.D. ’07 SPRING 2010

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Faculty

News Alvin R. Christovich Distinguished Professor of Law DANE CIOLINO was appointed to the Ochsner Clinic Foundation Bioethics Committee.

an international Ph.D. dissertation defense jury dealing with European Union Law at the University of French Antilles and Guiana.

Assistant Clinical Professor of Law RAMONA FERNANDEZ was appointed as traffic hearing officer for Second Parish Court in Jefferson Parish.

Professor of Law MITCHELL CRUSTO had the lead article, titled “Obama’s Moral Capitalism: Resuscitating the American Dream,” published in an edition of the University of Miami Law Review. Crusto was recruited to serve as a local coordinator for the American Bar Association’s (ABA) project to fill the mentoring gap between the 12.6 million young people in high-need for mentoring and the only 2.5 million adults currently volunteering as mentors. Crusto was selected by The Academy for Critical Incident Analysis (“Academy”) at John Jay College of Criminal Justice (CUNY) to collaborate on a Katrina case study. On Feb. 5, 2010, the Academy and Crusto met in New York to plan a conference in New Orleans this summer to address the aftermath of Hurricane Katrina and its effects on the city and on its residents.

Westerfield Fellow CARTER DILLARD’s article, “Future Children as Property,” was published this spring in the Duke Journal of Gender Law and Policy. He also has been invited to present a paper this Dec. at an annual meeting of the American Philosophical Association. Finally, this fall, he has been invited by the journal Bioethics to do a peer review.

Assistant Clinical Professor of Law DAVIDA FINGER’s paper (with co-author Rachel E. Luft), “Post Disaster Reflections from New Orleans: Sheltering Policy, Human Rights, and Grassroots Movements,” was selected for a book volume to be published by Cambridge University Press. Finger was named chair elect (2011) for the AALS Poverty Law section.

Judge John D. Wessel Distinguished Professor of Law DOMINIQUE CUSTOS participated in an international conference on “Bits of Europe Everywhere,” which was held Dec. 14-15, 2009, at the University of Groningen, Netherlands. On Dec. 21, 2009, she participated in 30

A revised version of Associate Professor of Law LLOYD “TREY” DRURY’s article, “What’s the Cost of a Free Pass?,” was published as part of a book titled Director’s Liability by the Amicus Books division of the Icfai University press in India. Also, he presented a paper at the 4th Annual Law & Entrepreneurship Retreat at BYU on Feb. 18 and 19. Drury presented a paper, “Private Equity and the Heightened Fiduciary Duty of Disclosure,” at the 4th Law & Entrepreneurship Retreat on February 19 at BYU Law School in Provo, Utah. On Feb. 23, Drury also presented “An Introduction to the Legal System of Louisiana: How it Differs from the Other Forty-nine States—And how It Does Not” with Keith Vetter here at the law school.

Associate Professor of Law ROBERT GARDA presented a paper titled “The Politics of Education Reform: Lessons from New Orleans” to the Education Law Section meeting at the 2010 AALS meeting. The paper will be published in the Fall 2010 issue of the Journal of Law & Education. Garda also received the Good Apple Award from the Louisiana Appleseed Network for his volunteer work in drafting a report regarding special education funding in Louisiana.

Adams and Reese Distinguished Professor of Law BOBBY HARGES’ article, “Peremptory Challenges in Criminal Cases— After Snyder v. Louisiana, is Substantial Deference to the Trial Judge Still Required?,” was published in the Boston University Public Interest Law Journal.

Assistant Professor of Law JOHANNA KALB and Assistant Clinical Professor of Law DAVIDA FINGER filed an amicus brief in the Louisiana Court of Appeal, First Circuit, on behalf of several local and national organizations of psychologists in the case of Dr. Trudy Bond v. the Louisiana State Board of Examiners of Psychologists. The brief was submitted to assist the Court in defining the scope of the Board’s duty to conduct hearings on complaints alleging serious misconduct by Louisiana psychologists.

Victor H. Schiro Professor of Law JAMES M. KLEBBA’s paper, “A Comparative Look at the Judiciary in the United States and Continental Europe,” was published in Dec. 2009 in Serbia by the Mount Kopaonik School of Natural Law for publication in its book of annual proceedings, Pravni Zivot. The publication is on display in the Law Library. The paper was delivered at the organization’s Annual Conference on Dec. 14. While in Serbia, Klebba also gave a lecture to students and professors at the Faculty of Law for Business and Justice in Novi Sad on Dec. 18. The topic was “A Comparison of European and Anglo-American Civil Procedure.”

Professor of Law CYNTHIA LEPOW was invited to present a paper on “Using Video to Teach Law” at the International Technology in Education ConferLOYOLA LAWYER


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ence in Valencia, Spain, and “The Meaning of Residence” at the 7th Annual International Conference on Law in Athens, Greece.

Leon Sarpy Professor of Law KATHRYN VENTURATOS LORIO’s chapter titled “Ethical legal and religious considerations of artificial insemination” was published in the Induction Insemination and Ovulation Induction edited by Richard P. Dickey, Peter R. Brinsden, and Roman Pyrzak. Lorio also received the Loyola Senate Teaching Award at the President’s Convocation. West Publishing Company published the Louisiana Civil Law Treatise on Successions and Donations, 2d edition, by Lorio. On Feb. 23, Lorio addressed the Medical Ethics course of the Public Health Program of the University of New Orleans on the subject of Assisted Reproduction and the Law.

Professor of Law JOHN LOVETT spent the fall semester of 2009 on sabbatical as a MacCormick Fellow at the University of Edinburgh Law School in Scotland. During his sabbatical, he conducted extensive research on the impact and implementation of Part I of the Land Reform (Scotland) Act 2003. He made presentations to the law faculties of the University of Edinburgh, the University of Glasgow, and the University of Aberdeen on his draft article, “The Right to Exclude Meets the SPRING 2010

Right of Responsible Access: The Land Reform (Scotland) Act 2003 through an American Property Theory Lens.” In Nov. 2009, Lovett presented a paper at to the Property Working Group at the Ius Commune Conference at the University of Maastricht in the Netherlands. The paper was titled “Property Law Lessons from Hurricane Katrina and the Global Financial Crisis.” In Dec., Lovett presented a paper at a conference on Neighbor Law he co-organized at the University of Edinburgh. The paper was titled “Neighbor Law in Louisiana: A Preliminary Assessment.” Finally, Lovett’s book chapter, “Title Conditions in Restraint of Trade,” was published this past fall in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland, V. Palmer & E.C. Reid eds. (Edinburgh University Press, 2009).

New Orleans Magazine named retired professor DAVID R. NORMANN (formerly The Dean Marcel Garsaud, Jr., Distinguished Professor of Law, and currently serving as academic success instructor) as one of New Orleans’ top lawyers, as chosen by his peers.

Visiting Assistant Clinical Professor of Law DENISE PILIE was named by the November issue of New Orleans Magazine as one of New Orleans’ top lawyers in 2009 in the field

www.law.loyno.edu

of alternative dispute resolution. Pilie was interviewed by a reporter for the Slovenian magazine, ONA-Zenski, regarding the effect of climate change on the Louisiana coast.

Associate Professor of Law IMRE SZALAI published an article titled “Modern Arbitration Values and the First World War” in the 49 American Journal of Legal History 355 (2009).

On Nov. 20 2009, Associate Professor of Law MARKUS G. PUDER gave the presentation “Code and Culture: A Case for Preserving the Rich Legal Heritage of Our Mixed Jurisdiction” at the Introspective Colloquium on the Louisiana Civil Code at the Tulane Law School.

Associate Professor of Law MONICA HOF WALLACE’s article, “A Federal Referendum: Extending Child Support for Higher Education,” was accepted for publication in volume 58 of the Kansas Law Review. On Nov. 16, 2009, she made a presentation to the New Orleans Estate Planning Council titled “The Use of Durable Powers of Attorney in Light of Louisiana’s Interdiction Laws.” She also was appointed to the Child Custody Committee of the Louisiana Law Institute to consider revisions to the relocation statute and child custody laws.

Associate Professor of Law CRAIG SENN’s article titled “Perception Over Reality: Extending the ADA’s Concept of ‘Regarded As’ Protection Under Federal Employment Discrimination Law,” was published in the Florida State University Law Review (36 Fla. St. U. L. Rev. 827 (2009)). Senn presented his current article, titled “Achieving Protection Without Paternalism in Federal Employment Discrimination Law,” as part of the Louisiana Junior Faculty Forum that was held in Baton Rouge, La., on Feb. 5.

Assistant Professor of Law KAREN SOKOL published an article, “Smoking Abroad and Smokeless at Home: Holding the Tobacco Industry Accountable in a New Era,” in the Spring 2010 issue of the NYU Journal of Legislation and Public Policy (Vol. 13).

Henry F. Bonura, Jr., Distinguished Professor of Law JEANNE WOODS presented a paper on “Third World Subjectivity and the Theoretical Development of International Human Rights Law” to a workshop sponsored by FAM-U School of Law. Woods also chaired a panel at the American Society of International Law Annual Meeting in Washington, D.C., titled “International Law at the Margins,” and presented a paper on her work on economic, social, and cultural rights.

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

Nonprofit org. U.S. Postage PAID New Orleans, LA Permit no. 121

CSI: CAREER SERVICES INTERFASE PUBLICIZE POSITIONS OR SEEK THEM THROUGH THE LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW OFFICE OF CAREER SERVICES’ ONLINE SYSTEM.

Benefits to Job Seekers • Free registration and usage. • Search active job postings. • Document uploads and online application.

Benefits to Employers • Free registration and usage. • Repository of screened applicants including Loyola law students and alumni, and screened attorneys granted reciprocity. • Ability to solicit and collect applications online. Activate your CSI account by contacting Li Seghers, Programs and Communications Coordinator, at lis@loyno.edu or (504) 861-5869. To reserve an interview room for on-campus interviews, contact Amy Schwarzenbach, Recruiting Coordinator, at amys@loyno.edu or (504) 861-5554. www.law.loyno.edu/career/contacts


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