29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 1
WHAT’S
NEW
AT LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW • FALL 2012
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 2
Dear colleagues,
College of Law Dean María Pabón López
My first year as dean of the Loyola University New Orleans College of Law has confirmed what I suspected when I arrived—that the College of Law’s vibrant social justice programs make it a tremendous resource for the people of New Orleans, that it is unique in its cultivation of Louisiana’s historic civil law tradition, that its outstanding faculty train attorneys who are wellrounded and practice-ready upon graduation, and that the college’s robust offerings provide our students with a thorough understanding of law in a global context. I have been deeply impressed with the work and achievements of our faculty, students, clinics, and staff during my brief tenure as dean of Loyola’s College of Law. I hope you share my sentiment after reading about some of our recent accomplishments. Sincerely,
María Pabón López, J.D., Dean
Dean María Pabón López, a native of Puerto Rico, is an expert on immigrants’ rights and has worked and travelled widely in both Latin America and the United States. She has written about education of immigrant children, undocumented workers in Spain, as well as issues of diversity and multiculturalism in the legal profession. Her book Persistent Inequality: Contemporary Realities in the Education of Undocumented Latina/o Students, coauthored with Gerardo R. López, was published by Routledge in 2009. Her articles have appeared in the Harvard Latino Law Review, Georgetown Immigration Law Journal, Hastings Women’s Law Journal, and Seton Hall Law Journal. López’s deep knowledge of international law and her work with marginalized immigrant communities situates her perfectly to lead Loyola’s College of Law. Her expertise prepares her to preside over Loyola’s legal clinics, which work regularly on social justice issues related to New Orleans’ growing Latino population, its international law programs, and its civil law curriculum that connect the College of Law with the world. Even as dean, López continues her scholarly work. Her recent publications include: What Nations are Doing About Immigrant Workers in Downtown Economies: Examining and Comparing the Recent Treatment of Immigrant Workers in the United States and Spain, 1 NOTRE DAME J. INT’L, COMP. & HUM. RTS. L. 80 (2011). An Essay Examining the Murder of Luis Ramirez and the Emergence of Hate Crimes Against Latino Immigrants in the United States, 44 ARIZ. ST. L. J. 155 (2012).
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 3
WHAT’S
NEW
AT LOYOLA’S COLLEGE OF LAW
A New Home for Social Justice and Skills Programs This year saw the opening of the Loyola University New Orleans College of Law Broadway Building, which houses several key offices that support our efforts to train practice-ready attorneys with an emphasis on social justice. The Stuart H. Smith Law Clinic and Center for Social Justice has expanded since moving to the Broadway Building. The clinic allows third-year law students to represent indigent clients under the supervision of attorney-professors. It functioned at record levels last year, with 90 students handling hundreds of cases at any given time. The Office of Law Skills and Experiential Learning is another new resident in the Broadway Building. Under the direction of new director Christine Cerniglia, J.D., the Office of Law Skills and Experiential Learning will work to cultivate skills that students need to be practice-ready upon graduation. The office supports the Jesuit mission of Loyola University to provide our students with a well-rounded, holistic education of the whole attorney.
$450,000 to Support Loyola and Workplace Justice In May 2012, Luz Molina, J.D., Jack Nelson Distinguished Professor of Law (pictured), and her Workplace Justice section of the law clinic received a $450,000 grant from Baptist Community Ministries to support work with clinic students in representing low-wage workers in litigation of unpaid wage and discrimination claims, in promoting policy upholding workers’ legal rights, and in educating the community about workplace laws. The wage-claim clinic has recovered more than $500,000 in wages since Hurricane Katrina, after which a large number of Latinos moved to New Orleans to help rebuild. Molina has also worked vigorously to address Louisiana’s substandard language access laws, authoring an article in Loyola’s Journal of Public Interest Law and testifying before the state legislature on the topic.
Loyola Law Clinic professors lead key win in two federal court cases Professors Davida Finger, J.D., and William P. Quigley, J.D., took lead roles in the federal court case Doe v. Jindal, which challenged Louisiana’s sodomy statutes that required persons convicted of Crimes Against Nature by Solicitation (CANS) offenses to register as sex offenders. The court ruled in favor of the plaintiffs in March 2012, unambiguously stating that it is unconstitutional to require someone to register as a sex offender solely because of a CANS conviction. Quigley and Finger also successfully filed suit in federal court on behalf of Occupy New Orleans protestors. The federal court ordered the city of New Orleans to reopen a public park across the street from city hall to protestors allowing people to return for a week before an orderly and peaceful conclusion to the protest. Several Loyola law students played a critical role in the litigation.
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 4
SELECT SCHOLARSHIP BY LOYOLA COLLEGE OF LAW FACULTY The Loyola University New Orleans College of Law boasts a dynamic junior faculty with impressive credentials and experience, as well as one of the finest senior faculties in the region. Our faculty distinguishes itself with a rich tradition of teaching in the Jesuit tradition as well as outstanding scholarly work. In recent years, junior faculty members, educated at some of the best law schools in the country, have had an energizing effect on the faculty at large, building momentum as we work to better train our students, further legal scholarship, and serve our community.
HILARY J. ALLEN Assistant Professor of Law Cocos Can Drive Markets Cuckoo, 16 LEWIS & CLARK L. REV. 125 (2012).
PATRICK R. HUGG John J. McAulay Distinguished Professorship
BLAINE G. LECESNE Professor of Law Crude Decisions: Re-Examining Degrees of Negligence in the Context of the BP Oil Spill, 2012 MICH. ST. L. REV. (Forthcoming Summer 2012).
Slavery Revisited in Penal Plantation Labor, 35 SEATTLE U. L. REV. 835 (2012).
Redefining the European Union’s Position in the Emerging Multipolar World: Strong Global Leadership Potential, Restrained by Asymmetry of Power and Dissonant Voices, 20 TUL. J. INT’L & COMP. L. 145 (2011).
JOHN F. BLEVINS Associate Professor of Law
JOHANNA KALB Associate Professor of Law
The Unbearable Lightness of Consent in Contract Law, 63 CASE W. RES. L. REV. (December 2012).
The New Scarcity: A First Amendment Framework for Regulating Access to Digital Media Platforms, 79 TENN. L. REV. 353 (2012).
The Persistence of Dualism in Human Rights Treaty Implementation, 30 YALE L. & POL’Y REV. 71 (2011).
Subprime Mortgages and the Case for Broadening the Duty of Good Faith, 45 U. SAN FRAN. L. REV. 621 (2011).
ANDREA ARMSTRONG Assistant Professor of Law
MITCHELL F. CRUSTO Professor of Law Empathic Dialogue: From Formalism to Value Principles, 65 SMU L. REV. (forthcoming 2012). ROBERT A. GARDA, JR. Fanny Edith Winn Distinguished Professor of Law Culture Clash: Special Education in Charter Schools, 90 N. C. L. REV. 655 (2012) The White Interest in School Integration, 63 FLA L. REV. 605 (2011). The Politics of Education Reform: Lessons Learned from New Orleans, 40 J. L & EDUC. 1 (2011)
Litigating Dignity: A Human Rights Framework, 74 ALB. L. REV. 1725 (2011).
CHUNLIN LEONHARD Associate Professor of Law
Human Rights Treaties in State Courts: The International Prospects of State Constitutionalism After Medellin, 115 PENN STATE L. REV. 1051 (2011).
JOHN A. LOVETT Associate Dean for Faculty Development and Academic Affairs, De Van D. Daggett, Jr. Distinguished Professor of Law
Oklahoma and Beyond: Understanding the Wave of State Anti-Transnational Law Initiatives, 87 IND. L.J. SUPPL. 1 (2011) (with Martha F. Davis).
Love, Loyalty and the Louisiana Civil Code: Rules, Standards and Hybrid Discretion in a Mixed Jurisdiction, 72 LA. L. REV. 924 (2012).
JAMES M. KLEBBA Victor H. Schiro Professor of Law
Progressive Property in Action: The Land Reform Scotland Act of 2003, 89 NEB. L. REV. 739 (2011).
Global Civil Procedure Trends in the Twenty-first Century, B.C. INT’L & COMP. L. REV. 1 (2011).
M. ISABEL MEDINA Ferris Family Distinguished Professor of Law Migration Law in the U.S.A. (Wolters Kluwer, 2011). Constitutional Law: Cases, History and Practice (4th ed. Lexis-Nexis 2011) (with William Araiza).
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 5
MARKUS G. PUDER Associate Professor of Law Did you Ever Hear of the Napoleonic Code, Stella? A Mixed Jurisdiction Impact Analysis from Louisiana’s Law Laboratory, 85 TUL. L. REV. 635 (2011). The Rise of Regional Integration Law (RIL): Good News for International Environmental Law (EIL)?, 23 GEO. INT’L. ENVT’L. L. REV. 165 (2011). CRAIG SENN Associate Professor of Law Ending Discriminatory Damages, 64 ALA. L. REV. ___ (forthcoming Fall 2012).
ROBERT R.M. VERCHICK Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law Blow Out in the Gulf of Mexico: Assessing Environmental Damages and Minimizing Risk (with Stephen Wussow) (translated into Japanese by Tadashi Otsuka) (forthcoming 2012). Protecting the Coast, in THE LAW OF ADAPTATION TO CLIMATE CHANGE (Michael B. Gerard and Katrina Kuh, eds., 2012) (with Joel Scheraga) Disaster Justice – Duke Environmental Law & Policy Forum – (2012) (forthcoming).
Fixing Inconsistent Paternalism Under Federal Employment Discrimination Law, 58 UCLA L. REV. 947-1024 (2011).
Adapting to Climate Change while Planning for Disaster: Footholds, Rope Lines, and the Iowa Floods, 2011 B.Y.U. LAW REVIEW 101 (2011) (with Abby Hall)
SANDI S. VARNADO Assistant Professor of Law
Climate Change and the Puget Sound: Building the Legal Framework for Adaptation, 2(3) CLIMATE LAW 1 (2011) (with Yee Huang, et al.)
Avatars, Scarlet As, and Adultery in the Technological Age, 54 ARIZ. L. REV. (201213). Inappropriate Parental Influence: A New App for Tort Law and Upgraded Relief for Alienated Parents, 61 DEPAUL L. REV. 113 (2011).
JAMES ETIENNE VIATOR Adams and Reese Distinguished Professor of Law Legal Education’s Perfect Storm: Law Students’ Poor Writing and Legal Analysis Skills Collide with Dismal Employment Prospects, Creating the Urgent Need to Reconfigure the FirstYear Curriculum, 61 CATH. UNIV. L. REV. (Summer 2012).
NEW APPOINTMENTS ROBERT R.M. VERCHICK, Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law, was awarded a Fulbright Scholar grant for 2012 – 13 as part of the Fulbright-Nehru Environmental Leader Program. Verchick, who is currently working on a book about how cities around the world are adapting to climate change, will be engaged in research in Mumbai, Calcutta, and New Delhi, where he will be a visiting professor at the Centre for Policy Research. Verchick is the author of the widely acclaimed book Facing Catastrophe: Environmental Action for a PostKatrina World (Harvard University Press), which was listed as a Choice Outstanding Academic Title of 2010 and came out in paperback this year.
ROBERT A. GARDA, JR. was named Fanny Edith Winn Distinguished Professor of Law. Garda, a graduate of Duke Law School and former articles editor for the Duke Law Journal, joined Loyola’s faculty in 2002. He is the author of numerous articles on education law, including recent articles in the North Carolina Law Review, Florida Law Review, and Journal of Law & Education. He is the past national Chair of the Association of American Law Schools (AALS) Section on Education Law and currently serves on its Executive Committee. He also serves as a member of the Louisiana Advisory Committee to the U.S. Commission on Civil Rights and the Board of Directors for the Louisiana Mental Health Advocacy Services.
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 6
LOYOLA COLLEGE OF LAW FACULTY SPOTLIGHTS NEW PROFESSORSHIPS MONICA HOF WALLACE was named Dean Marcel Garsaud, Jr. Distinguished Professor of Law. The Loyola College of Law alumna joined the law faculty in 2002 after graduating first in her class, serving as a law clerk for the United States Fifth Circuit Court of Appeals and the United States District Court for the Southern District of California, and practicing law in New Orleans. Her scholarly interests include the extent and enforceability of child support and the evolution of family relationships both in civil and common law. Wallace was recently named Reporter for the tutorship procedure revisions in the Louisiana Civil Code. She has published articles in several prestigious law journals.
JOHN A. LOVETT was named De Van D. Daggett, Jr. Distinguished Professor of Law and the College of Law’s first Associate Dean for Faculty Development. A graduate of Tulane Law School, Professor Lovett joined the Loyola law faculty in 2002 after five years in practice and judicial clerkships with the United States District Court, Western District of Louisiana, and the United States Fifth Circuit Court of Appeals. Professor Lovett has chaired the Property Section of the AALS, served as contributing editor to the ABA journal Probate and Property, and is currently chair-elect of the Real Estate Transactions Section of the AALS. His teaching and research focus on property law. He has published articles in numerous books and journals in the United States and abroad.
JOHANNA KALB, Associate Professor of Law, earned her J.D. from Yale Law School and an M.A. from Johns Hopkins University School of Advanced International Studies, both in 2006. She has been a member of Loyola’s law faculty since 2008. Kalb’s recent articles on international human rights in journals such as the Yale Law and Policy Review and the Pennsylvania State Law Review continue her lengthy body of work in the field of international human rights law. Working under the direction of Professor Neal K. Katyal of the Georgetown University Law Center, Professor Kalb was a member of the legal team that successfully challenged the use of military tribunals at Guantanamo Bay, Cuba, in Hamdan v. Rumsfeld, 548 U.S. 557 (2006).
ANDREA ARMSTRONG, Assistant Professor of Law, joined the law faculty in 2010. A graduate of Yale Law School and the Woodrow Wilson School of Public and International Affairs at Princeton University, where she completed her M.P.A. in International Relations, Professor Armstrong has researched regional conflict dynamics at the Center on International Cooperation at NYU and transitional justice strategies at the International Center for Transitional Justice. Her teaching and research interests in criminal procedure and criminal law, civil rights, and domestic and international human rights are reflected in her latest publication, Slavery Revisited in Penal Plantation Labor, 35 SEATTLE U. L. REV. 835 (2012).
CRAIG SENN, Associate Professor of Law, joined the Loyola law faculty in 2009. Senn graduated with honors from the University of North Carolina at Chapel Hill School of Law, where he served as articles editor for the North Carolina Journal of International Law and Commercial Regulation. Senn’s recent article in the UCLA Law Review on fixing inconsistent paternalism under federal employment discrimination law typifies his scholarship. Senn’s latest article, Ending Discriminatory Damages, will be published this year in the Alabama Law Review.
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 7
SANDI S. VARNADO, Assistant Professor of Law, joined the College of Law faculty in 2010. Her research focuses on family law, successions, and donations and trusts, both in civil and common law systems. In the past two years Varnado has published articles in the Arizona Law Review and the DePaul Law Review. Varnado earned her J.D. and B.C.L. from the Paul M. Hebert Law Center (LSU Law School), where she graduated second in her class. She came to Loyola from private practice at the law firm of Baker, Donelson, Bearman, Caldwell and Berkowitz, where she practiced construction law, labor and employment law, and commercial litigation.
CHUNLIN LEONHARD, Associate Professor of Law, has taught law in the United States as well as her native China. She joined Loyola’s faculty of law in 2010. Leonhard’s scholarship focuses on examining contract law issues in cross cultural context as well as the impact of behavioral economics research on common law contract law. This year, her article published in the University of San Francisco Law Review argued for the broadening of the duty of good faith in the context of the recent subprime mortgage crisis that led, in part, to the current global recession. Leonhard received her J.D., magna cum laude, from Boston University. Her latest article on consent in contract law will be published in Case Western Reserve Law Review.
HILARY ALLEN, Assistant Professor of Law, received her Bachelor of Laws from the University of Sydney, Australia, and a Master of Laws in Securities and Financial Regulation Law from Georgetown University Law Center. After significant financial services regulation practice in Sydney, London and New York, she joined the faculty of law in 2011and teaches in the areas of business and finance law. While studying at Georgetown, Allen also worked with the Financial Crisis Inquiry Commission. Her recent publication, Money Market Fund Reform Viewed through a Systemic Risk Lens, 11 J. Bus.& Sec. L. 87 (2010), and her forthcoming article, Cocos Can Drive Markets Cuckoo, 16 LEWIS & CLARK L. REV. 125 (2012) typify her interest in financial market regulation.
JOHN BLEVINS, Associate Professor of Law, joined the law faculty in 2010. His research focuses on how Internet technologies and network infrastructure intersect with communications law, intellectual property, and administrative law. In the past two years, his writings have been published in the Tennessee Law Review and the Yale Journal of Law and Technology. Professor Blevins received his J.D. from the University of Virginia School of Law in 2003 and his B.A. from Yale University in 1999. Prior to joining Loyola, he clerked for the Honorable Danny J. Boggs on the Sixth Circuit Court of Appeals, and worked in the FCC practice group at Covington & Burling LLP in Washington, D.C.
KAREN C. SOKOL, Assistant Professor of Law, joined the law faculty in 2009. A graduate of Yale Law School, Sokol clerked for Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit and worked as a policy analyst for the Center for Progressive Reform, working on environmental and public health and safety issues with a focus on government and corporate accountability. Her teaching and research focus on constitutional law, torts, public international law, and law and philosophy. Her most recent article, The Under-recognized Role of Tort Law in the U.S. Healthcare System, 32 HAMLINE J. PUB. L. & POL’Y 429 (2011), illustrates this focus.
29-0612 Whats New at College of Law mailer_what's new 2012 8/17/12 2:52 PM Page 8
COLLEGE OF LAW 7214 St. Charles Avenue Box 902 New Orleans, LA 70118