Saint Louis University School of Law Spring 2007
T h e fa c e s o f
public service
The Class of 2007 Project Citizen Student Competitions Tribute to Senator Eagleton
SAINT LOUIS
dean’s message
BRIE F
photo by Jay Fram
Dear Alumni and Friends, From the pages of this issue of Saint Louis Brief, I am confident you will see what I see every day — a totally engaged student body, taught by a talented and productive faculty, supported by a dedicated staff. I hope you will peruse the pages that follow so that you may see and enjoy for yourself the richness that is Saint Louis University School of Law. At the School of Law the Jesuit, Catholic tradition of involvement in the community is taken seriously. From ninth graders at Northwest Academy in St. Louis, to victims of Hurricane Katrina in New Orleans, our students, faculty and staff have been giving of their time and talent in service to others. This summer more than 38 School of Law students will work in the public interest supported by the Public Interest Fellowship Program; resources for this program flow from the proceeds of the annual PILG auction, the School of Law Annual Fund and the Dagen endowment. On the scholarly side, Professor Sidney Watson, a specialist in health care access for the poor, was the laboring oar in an important study on medical debt and housing security in the State of Missouri. The Center for Health Law Studies continues to be a jewel in the crown of our law school. The new Saint Louis University Journal of Health Law & Policy ii Saint Louis Brief Spring 2007
will be inaugurated this coming academic year. Published bi-annually by the Center and a student editorial board, the Journal will feature articles that provide in-depth analysis of topical and developing issues in health law and policy. An innovative feature of the Journal will be a Web site, maintained by the editorial board of the Journal, which will feature a health law blog, and podcasts of the Center’s Distinguished Speaker Series and annual symposium. On the faculty front, Professor Tim Greaney, the Chester A. Myers Professor of Law and co-director of the Center, was named the 2007 recipient of the Jay Healey Health Law Teachers Award by the American Society of Law, Medicine and Ethics; this award is based on excellence in teaching, mentoring students, and supporting colleagues. On the student front, it is quite fitting that our health law program continues to be considered the top program in the nation for the fourth year in a row according to U.S. News and World Report. And fitting also is that the Health Law Moot Court Team won the National Health Law Moot Court Competition. Speaking of moot court competitions, you will see that our student moot court teams traveled the nation and acquitted themselves in fine fashion; this enhances the prestige of our law school and provides a terrific educational experience for our students. More generally, student involvement through co-curricular activities and organizations reached a new level this year. Of particular note was the adoption of a student-administered honor code by the faculty and the student body this spring. This marks a new era in student responsibility and engagement in the professional environment of our law school.
My special thanks to Professor David Sloss, who chaired the faculty committee, Student Bar President Brandon Porter and Matthew Bober, who chaired the Student Honor Code Committee. Now that I’ve discussed faculty and students, I would be remiss to leave out the final pieces of the puzzle — you, our friends and alumni. As you already know, your financial support of the School of Law is crucial to its future. As an example, the resources that support our moot court teams come from the School of Law Annual Fund. The Annual Fund is the way in which you can help us assure that our students and their teachers have the resources needed to support an excellent education in the law. This year the Annual Fund goal was $400,000; as of the date of this writing we are at $430,000 and counting - thank you so much! In order to secure our position as one of the premier law schools in the nation, we must enhance and enlarge the physical space that houses the School of Law. This will assure our ability to maintain a great faculty, an outstanding student body and an excellent educational program. Take a look at the architectural rendering below — this is our vision. Your assistance will be crucial to making this vision of the New School of Law at Saint Louis University a reality. This is an essential next step in our future. Sincerely yours,
Jeffrey E. Lewis Dean and Professor of Law
inside The Faces of Public Service This issue highlights the many people in the School of Law community who are active in public service.
On the Cover: Professor Susan W. McGraugh, Professor Sidney D. Watson, Bryant Godfrey, ’07, Sarah Boyle, ’08 and Raven Akram, ’08 Cover photo by Jay Fram Assistant Dean for Communications Kathleen Carroll Parvis Editor Stefanie Ellis Graphic Designer E. Brook Haley Contributors Joel K. Goldstein, Sandra H. Johnson, Susan W. McGraugh, Alan M. Weinberger, Judge Michael A. Wolff Photography Chris Detrick, Steve Dolan, Stefanie Ellis, Jay Fram, E. Brook Haley, Jamie Newsom, Kathleen Carroll Parvis Special Thanks Dina Althardt, David Bruns, Karen Budde, Maura Connors, Kelly Dineen, Danielle Jacoby, Patrick Mickey, Eric J. Miller, Colleen Murphy, Janet O’Hallaron, Valerie Carter Thomas, Dana Underwood Copyright © 2007 by Saint Louis University School of Law All rights reserved. Saint Louis Brief is published two times a year by Saint Louis University School of Law. The Office of Communications is located in Queen’s Daughters Hall, Rm. 320 3700 Lindell Blvd. St. Louis, MO 63108 E-mail address is brief@law.slu.edu
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The Class of 2007 Caps, gowns, memories... congratulations to the class of 2007.
more features 14 Senator Thomas F. Eagleton: Teacher
Project Citizen
16 Public Interest Law Group Fellowships 18 In Memoriam: Charles B. Blackmar 30 What Does Public Service Mean to You?
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in every issue 2 Law Briefs 24 Faculty Profile 26 Faculty Scholarship
NOLA School of Law students and their professors got a sobering glimpse into the aftermath of a devastating natural disaster and learned how it’s possible to repair the damge, one person at a time.
Competitions
29 Faculty View 32 Alumni Programs 35 Class Notes
Take a behind-the-scenes look at a project that gives law students the satisfaction of knowing they’re helping expand the minds of the younger generation by finding ways to promote positive change in their communities.
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It’s not the winning that matters, though it’s a nice bonus. Students and their advisers discuss the benefits that accompany participation in practical skills opportunities.
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suggest that there are significant disparities across counties in the ways that prosecutors exercise their discretion. The conference examined the data and considered policy options for promoting greater consistency across counties in the implementation of capital punishment. To view the presentation go to http://law.slu.edu/conf/ deathpenalty/deathpenaltystudy.html.
school news School’s Health Law Program Voted Number One for Fourth Consecutive Year For the fourth consecutive year, U.S.News & World Report has named Saint Louis University’s health law program the best in the nation. U.S. News issued the rankings in its “Best Graduate Schools 2008” issue. Since health law rankings began more than a decade ago, the School’s Center for Health Law Studies has ranked in the top three programs. The Center features some of the nation’s most respected faculty and offers dual-degree programs with Saint Louis University’s School of Public Health and Center for Health Care Ethics. “With health care being America’s largest and most regulated industry, health law education is more important than ever,” said School of Law Dean Jeffrey E. Lewis. “This continued recognition is proof that Saint Louis University is at the forefront of this education and serves as a testament to our hard-working students, faculty, staff and supportive alumni.”
Excellence Awards Ceremony The Excellence Awards Ceremony was held on Friday, April 13. The following awards were presented: Academic Excellence (top student in each course), Darrow Award, Public Service Awards, Leadership Awards and recognition of all regional and national student competition winners.
Eighth Circuit Court of Appeals The U.S. Court of Appeals for the Eighth Circuit returned to the School this spring.
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United States District Court, Eastern Missouri, to judge the Moot Court Final Arguments.
Missouri Court of Appeals The Missouri Court of Appeals returned to the School to hear cases on Tuesday, March 20. The panel of judges consisted of Chief Judge Booker T. Shaw, Judge Kathianne Knaup Crane and Judge Lawrence E. Mooney. A panel consisting of Senior Judge Myron Bright and Judges Diana Murphy and Duane Benton heard oral argument on a docket of cases in the William H. Kniep Courtroom on Tuesday, April 10.
Adler-Rosecan Lecture and Moot Court Finals The annual Adler-Rosecan lecture and Moot Court finals were held on Friday, March 23. The lecture featured this year’s Jurists-in-Residence, the Honorable Gary M. Gaertner Sr., ’61 — Missouri Court of Appeals, Eastern District and the Honorable Gary M. Gaertner Jr., ’90 — St. Louis County Circuit Court, Division 6. The topic was: “Trial and Appellate Advocacy - From Young to Old.” Following the lecture, the judges were joined by Chief Judge Carol E. Jackson,
Report About Medical Debt and Housing Security in Missouri Published, Center for Health Law Studies Played Major Role A growing number of working families in St. Louis owe money to health care providers, leaving many of them with bad credit and struggling to find housing they can afford. Even those with health insurance face financial hardship because of higher co-pays, uncovered expenses and the inability to obtain affordable insurance. These are just some of the findings being issued in the report, Living in the Red: Medical Debt and Housing Security in Missouri. For the report, the Center for Health Law Studies at Saint Louis University, in partnership with the Missouri Citizen Education Fund, St. Louis Area Jobs with Justice and The Access Project, surveyed approximately 400 people in the St. Louis area about personal medical debt. The Center’s Professor Sidney D. Watson was instrumental in helping to compile this report and her efforts, along with those of her co-authors, were written about in the University’s Newslink.
Death Penalty Conference Professors David Sloss and Stephen Thaman organized the conference, “Life
and Death Decisions,” held at the School of Law on Friday, March 2. Scholars presented the results of a study of 1044 homicide cases in Missouri. Their analysis indicates that at least 794 of those cases were death-eligible under the statute. Even so, prosecutors charged death in only 134 cases. Moreover, there were only 52 cases where a prosecutor took a capital case to trial. Thus, statutory restrictions and jury deliberations explain a fairly small portion of the decisions affecting life and death. Local prosecutors made the majority of those decisions in the exercise of prosecutorial discretion. The data
Choose Law Program
Public Law Review Symposium, The Urban Family The Saint Louis University Public Law Review presented “The Urban Family: Responding to the Challenges of Domestic Violence, Poverty and Parenting,” on Friday, February 23.
High school juniors and seniors and undergraduate freshman and sophomore minority students were invited to attend the “Choose Law” event held at the School of Law on Saturday, February 17. Practicing minority attorneys, current minority students and law school administrators were on hand and students were able to watch a Moot Court demonstration, learn about the admissions process and find out how to make the most of the law school experience.
student organizations Our students were quite active this year, sponsoring talks and activities throughout the academic year, providing greater opportunities for discussion and exploration among peers, professors and those in the legal community. R e l at i o n s h i p b u i l d i n g
Law Students vs. Med Students Softball Tournament The first annual softball tournament against the med students was held at Tower Grove Park on Saturday, April 27. Teams consisted of 10-14 members with a minimum of three players from each gender. Soft drinks, beer, hot dogs and veggie burgers were provided. All law students and friends were welcome.
HLA Law & Medical School “Malpractice Mixer” The Health Law Association co-sponsored,
along with the SBA and the School of Medicine, a Law and Medical School “Malpractice Mixer” on Thursday, February 22 at Humphrey’s. The event built awareness for Nurses for Newborns, a charity that assists single mothers by teaching them how to care for newborns and providing needed supplies. co-sponsored events
Talk on Rule of Law and International Justice On Thursday, April 12, Mary Greer, ’83, director of the Criminal Law Reform Program, ABA Central European and
Eurasian Law Initiative, gave a talk on the Rule of Law and International Justice. Her talk was co-sponsored by the International Law Students’ Association and the Career Services Office.
Doe Run Lead Poisoning Speakers The Health Law Association and the Environmental Law Society co-sponsored a speaker discussion on Tuesday, April 3 on the Doe Run Co. lead smelter plants in Herculaneum, Missouri, and La Oroya, Peru. The two towns experience alarmingly high incidents of lead poisoning, particularly in children, and government-
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student organizations continued mandated cleanups are slow coming in both countries. Professor John Griesbach of the School of Law and Professor Ferando Serrano of the Saint Louis University School of Public Health discussed health impacts, environmental impacts and legal implications of the plants.
Student Speaker Panel, “The Intersection Between Culture, Law, and Religion” A student speaker panel on culture, law, and religion from diverse backgrounds including Canon Law, Russian Orthodox and Eretria Islam, was held on Thursday, March 22. This was a CLS and ILSA collaboration.
WLSA Networking Event Mayhem at the Moolah On Tuesday, February 27, WLSA cosponsored “Mayhem at the Moolah,” a networking speed bowling event. Other sponsors included Washington University, WLA and BAMSL.
First Annual Chili Cook-Off The Women Law Students’ Association hosted the first annual School of Law Chili Cook-Off on Wednesday, February 14. $3 got you a spoon to taste each team’s chili. Proceeds benefited Habitat for Humanity. Sponsored by: WLSA, PILG, PAD and SBA. other events
Screening of “Who Killed the Electric Car?” The Environmental Law Society and the Student Intellectual Property Law Association co-sponsored a showing of “Who Killed the Electric Car?” on Wednesday, April 18. The film explores the roles of automobile manufacturers, the oil industry, the U.S. government, batteries, hydrogen vehicles and consumers in limiting the development and adoption of this technology.
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BLSA Annual Judges Reception The BLSA Annual Judges Reception was held on Friday, April 27. The Honorable Theodore McMillian Award was presented to Judge Nannette A. Baker, Missouri Court of Appeals, Eastern District and the BLSA Service Award was presented to Nakeyia S. Williams, Bryan Cave.
Environmental Law Society Short Film The Environmental Law Society hosted a screening of the 30-minute documentary, “Ivory Perry: Pioneer in the Struggle Against Lead Poisoning” on Wednesday, March 28. This film highlights the life and activism of Ivory Perry, a local civil rights leader who in the 60s and 70s fought to uncover local lead poisoning in St. Louis as a major health problem as well as a prime example of environmental justice concerns where environmental issues disproportionately affect poor, minority and low income families.
m u lt i c u lt u r a l e v e n t s Midwestern People of Color Legal Scholarship Conference
The following organizations participated:
On Tuesday, February 20, the Christian Legal Society hosted a presentation by Cordell P. Schulten, ’86, a lecturer in Contemporary Studies at Fontbonne University who serves as the Christian Legal Society’s chaplain to the legal community. Schulten practiced law for ten years in St. Louis, specializing in commercial litigation and death penalty cases. He earned his M.A. in Theological Studies from Covenant Theological Seminary in St. Louis in 2004 and is currently a Ph.D. candidate in Theology and Culture at Concordia Seminary in St. Louis.
The School of Law co-hosted, with Washington University School of Law, this year’s Midwestern People of Color Legal Scholarship Conference, held at the School of Law on Friday, April 13.
• SBA, ACS and WLSA: British Isles
s
pilg s
CLS Presentation, “The Prophetic Role of Faith in Politics: Critical Examination - Compassionate Engagement”
auction 2007
Saint Louis University Public Interest Law Group cordially invites you to attend the Annual Interest AnnualPublic Public Interest Fellowship Fellowship Auction
Auction Held 23 at Randall Gallery Friday, March ~ 7 to 11 p.m. Randall Gallery Louis University
The Saint Annual Public 999 N. 13th Street Interest Fellowship Auction St. Louis, Missouri 63106 was held on Friday, March 23 at the Randall Gallery on Washington Avenue. There was a live and silent auction at the event, as well as an open bar. Professor Alan Howard served as auctioneer for the evening. This year’s auction raised a net total of $16,000 to go toward summer fellowships for law students. For more information about the Annual PILG Auction and a full list of law students who are participating in summer fellowships, go to page 16.
Barrister’s Ball Live and Silent Auction The evening will feature both a live auction, with Record Barrister’s Ball was Professor Alan600 Howardattended!!! serving as auctioneer, and a silenton auction. held Friday, January 26 at Windows Proceeds benefit the Irvin & Maggie Dagen Off Washington. Fellowship Fund, which providesThe fundingevent for law featured students who workain sit public interest positions cocktails, down dinner and dancing, during the summer. with a live band. Come and enjoy drinks from the open bar, and
Discovering Diversity: Bringing Culture to the Table “Discovering Diversity: Bringing Culture to the Table,” was held on Tuesday, February 27 in the Vincent C. Immel Atrium. The goal of Diversity Day was to discuss and showcase different cultures from around the world while celebrating our diverse student body. Various student organizations had tables set up with food and facts about their chosen culture. Diversity Day was also the kickoff event for the Diversity Series which started with Dean Frank Wu of Wayne State University, and culminated with Professor Charles Ogletree of Harvard Law School.
• AALSA and HLA: Japan
Monday, March 5. His talk, “Beyond Black and White,” was sponsored by the School of Law and the Asian American Law Students’ Association.
• Environmental Law and PILG: Ojibwe Tribe • SOSL, ILSA and the Law Journal: Eastern Europe • BLSA: Afghanistan
Charles Ogletree of Harvard University Law School
Dean Frank Wu of Wayne State University Dean Frank Wu of Wayne State University spoke at the School on
Professor Charles Ogletree concluded the Diversity Series with his talk on Tuesday, April 17, “From Lynch Mobs to the Killing State: Race and the Death Penalty in America,” which addressed issues relating to race, education and justice. Slides of his presentation are available at www.law.slu.edu.
center events
the opportunity to visit with professors, friends and students. Business casual attire.
“60 minutes” episode concerning a health care clinical research fraud case. He then discussed the actual investigation, case development and prosecution strategy used in the case. A national expert on health care fraud, Mr. Sheehan has prosecuted over 500 health care fraud cases.
$15 in advance, $20 at the door R.S.V.P. by March 16, 2007 to Christina Scelsi at 314-531-2203 or e-mail scelsicn@slu.edu Free, secured parking available at the Randall Gallery.
Pamela Bucy, Health Law Distinguished Speaker Expert on Health Care Fraud Visited School of Law The Center for Health Law Studies welcomed James G. Sheehan, Associate U.S. Attorney for Civil Programs, on Friday, February 2. During his presentation, Sheehan showed a short clip from a past
On Tuesday, February 27, Pamela H. Bucy, the Bainbridge Professor of Law at the University of Alabama School of Law, gave the talk, “Trends in Health Care Fraud.” Her books include White Collar Crime, Cases and Materials (West 2nd ed. 1998), Health Care Fraud (Law Journal
Seminars Press 1996) and Federal Criminal Law (with Abrams et al. 1998). Professor Bucy teaches Criminal Law, Criminal Procedure, and White-Collar Crime and publishes in the areas of white-collar crime and health care fraud.
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center events continued Health Law Symposium: Medicare after the Medicare Modernization Act
William A. Sarrialle, Health Law Distinguished Speaker On Thursday, April 12, the Center welcomed William A. Sarrialle, health care partner at the D.C. office of Sidley Austin. Mr. Sarrialle discussed the tension between regulatory enforcement and guidance. He is on the editorial boards of fourteen publications, and is the coauthor of four health care books on health care compliance, coding, clinical research and reimbursement. He is the recipient of three awards from health care associations for his work in educating providers on compliance issues.
In the spring of each year, the Center for Health Law Studies hosts a conference featuring leading experts and scholars in the health field. Conference topics focus on groundbreaking issues in health law and policy. The 2007 Symposium, “Medicare after the Medicare Modernization Act,” was held on Friday, March 30.
center events continued current research interests focus on the relationship between law and health care delivery and policy, law and public health systems, and health care safety net services. Professor Jacobson’s previous studies include ways to reduce youth smoking; the legislative and regulatory implications of defining and implementing medical necessity; the enforcement and implementation of antismoking laws; and the legal and regulatory influences on physician and hospital decisions to detect prenatal substance exposure.
Center for International and Comparative Law Speaker Series On Wednesday, April 11, Professor Dr. Roman Seer gave the talk, “The Impact of the European Court of Justice on National Tax Sovereignty of European Member States.” Dr. Seer occupies the chaired professorship in taxation and is the director of the master’s degree program in taxation law and economics at the Ruhr Universität in Bochum, Germany. Professor Seer was a visiting scholar at Saint Louis University in 2001 and his research resulted in his well-received book comparing U.S. and German tax procedure. Among his many publications, he is a co-author of the leading German tax treatise. Professor Seer taught European Union Tax during the Spring 2007 semester at the School of Law.
Health Law Distinguished Speaker On Tuesday, March 27, Peter D. Jacobson, Professor of Health Law and Policy in the Department of Health Management and Policy at the University of Michigan School of Public Health, gave a talk at the School of Law. Professor Jacobson is the director of the University’s Center for Law, Ethics and Health. His
Saint Louis Brief Spring 2007
February 21. She discussed “Issues in Employment Law: Representing Management.” Cohen has extensive experience practicing in the employment law field, representing and advising management in a wide variety of employment areas, including all aspects of employment discrimination and harassment law, the Americans with Disabilities Act, FMLA, wage and hour matters, employee handbooks and company policies and employee training.
Wefel Center for Employment Law Speaker On Wednesday, March 28, the Wefel Center for Employment Law hosted Robert Johnson, regional attorney for the Equal Employment Opportunity Commission, who discussed “Recent Developments at the EEOC.” The EEOC enforces a number of federal laws which prohibit discrimination, including discrimination based on race, national origin, sex, age, disability and religion. As Regional Attorney, Johnson is responsible for overseeing and directing all EEOC litigation for the St. Louis District Office, and managing a staff of trial attorneys and legal personnel.
Professor Thomas L. Greaney named Health Law Teacher of the Year by the American Society of Law, Medicine and Ethics Professor Thomas L. Greaney, the Chester A. Myers Professor of Law and co-director of the Center for Health Law Studies, is the 2007 recipient of the Jay Healey Health Law Teachers Award. The American Society of Law, Medicine and Ethics presents the award each year to one professor in health law, reflecting his or her excellence in teaching, mentoring students and supporting colleagues. The School’s Center for Health Law Studies now boasts the most professors to be honored by ASLME with the award. Sandra Johnson and Jesse Goldner are both past recipients.
Wefel Center for Employment Law Speaker The Wefel Center for Employment Law welcomed Joan Z. Cohen, partner at Armstrong Teasdale, on Wednesday,
Spring 2007 Saint Louis Brief
The Class of
2007
hooding ceremony 5.17.07
All the work paid off for the 282 School of Law graduates who crossed the stage at Powell Symphony Hall on May 17, 2007. They were all soaking in Hooding Speaker Douglas A. Copeland’s sound advice: “…There is an important element that sets you apart from others ending educational experiences: responsibility. Responsibility to your community. Responsibility to do your part in bringing about justice… Responsibility to use and share the skills, information and analytic ability with people in your world…This responsibility is very real. But that does not mean it is not susceptible to choice. Everything is a choice. If you do nothing except do your work, get your paycheck and live your life separate from the law, you have made a choice – you have chosen not to accept this responsibility. There are certainly those lawyers that do that. Fortunately, there are also many more that do not. They accept this awesome responsibility. That is why history is replete with examples of crucial roles lawyers have played in the advancement of mankind, the advancement of justice… Justice is at stake not only in your community, but all over the world. The decision to accept or reject these responsibilities are the things that either bring richness and satisfaction to your life, or regret. Like it or not, this responsibility is now yours. But as in all things, you do have a choice. I implore you to choose wisely.” all photos by Dolan & Associates Photography
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Saint Louis University Participants
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This year marked the first year the School of Law participated in Project Citizen, a national program funded by the U.S. Department of Education and sponsored by the Missouri Bar designed to encourage middle school and high school students to identify — and attempt to solve — problems in their communities.
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Project Citizen Helps Build Better Communities Law students, along with students from Saint Louis University’s pre-law program, spent the spring semester working with ninth graders at Northwest Academy in St. Louis finding and researching real problems in their community, proposing solutions that require governmental action and then proposing action plans to influence the appropriate governmental agencies to consider or adopt their solution. Each law student was in charge of a classroom, with one to two pre-law students serving as assistants. Five different problems were addressed in each group: stopping drug sales, turning vacant housing into homes for the homeless, limiting the number of liquor stores near schools and residential areas, stopping child sexual abuse and stopping gang violence. The Project culminated with a portfolio that documented the results of each group’s work and a simulated public hearing in which students presented their findings to a panel of community representatives. Thanks to funding from the Missouri Bar and Phi Alpha Delta, as well as Saint Louis University, this year’s group of students was able to showcase their project in front of legislators, attorneys and educators at the Missouri State Project Citizen Showcase, held on March 5 at the State Capitol in Jefferson City. One of the Project’s supervisors, Saint
Louis University Pre-Law Program Director, Janet O’Hallaron, saw firsthand the benefits the program had on everyone involved, particularly Saint Louis University law and pre-law students. “The service learning opportunity reinforced their commitment to a vocation in law and illustrated how citizen and legal action can change people’s lives for the better,” she noted. Similarly, the impact the program had on students from the Academy was unexpected and transformative, recalled Northwest Academy Principal, Valerie Carter Thomas. “When our students first interacted with the law students, they only had a general idea of the types of legal careers out there,” she said. “Many of their perceptions weren’t exactly positive, and the law students helped them strip away the negative impressions they may have had. Because the law students were so downto-earth and approachable, our students could more easily imagine themselves in a variety of positions. I’ve been hearing more and more students talk about becoming attorneys rather than parole officers or paralegals.” One thing the program did for students, according to Carter Thomas, was to provide them with that extra measure of individual attention sometimes lacking in a traditional academic setting. She was impressed with the level of
School of Law volunteers were: Bryant Godfrey, ’07, Kristen Bogen, ’08, Gwendolyn Madison, ’08, LaShonda Conner, ’07 and Raven Akram, ’08. Pre-law students Michael Eden, Darryl Beatty, Jen Scott, Patrick Devany, Maya Cheriyan, Nikki Jaswal and Maria Casaleggi also assisted in the project. Janet O’Hallaron, Saint Louis University Pre-Law Program Director, and Northwest Academy Principal Valerie Carter Thomas, supervised the program. Northwest Academy teachers involved in the project were: Bill Brighoff, ’79, Lanetra Thomas, Lenard Jackson, Valencia Martin and Sara Halliburton.
interaction between students from the Academy and School of Law students during a preliminary meeting to discuss the program. “Both groups were so excited to meet each other,” she said. “Law students sat and talked with our students on an individual basis and exchanged e-mails. Students who drop out of school often do so because they lack that mentoring and individual attention. Seeing the Saint Louis University School of Law students as excited as our students was really something special.” This level of interaction continued throughout the program, ultimately providing Academy students with an understanding of their own power to make a difference. After their exposure to School of Law students and the Project Citizen program, some of the students decided they weren’t happy with the variety of food available to them at lunch, so they gathered together petitions signed by students from other grades. “I don’t believe they would have done this, had it not been for their exposure to the program,” said Carter Thomas. “They have gained more confidence and their thoughts and actions have become more organized. To come together on one concept as they did in their group projects really taught them aboutSpring teamwork.” 2007 Saint Louis Brief 11
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NOL A Students and faculty provide legal assistance to victims of Hurricane Katrina
photo by Jamie Newsom
by Professor Susan W. McGraugh
photo by Jamie Newsom
A young girl chained to a jail bench overnight. Families waiting 18 months to be provided with the funds necessary to rebuild their devastated neighborhoods. Homeowners searching among the ruins of public records for proof of ownership. These are the faces of the residents of New Orleans still struggling to rebuild their city in the aftermath of Hurricane Katrina.
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While other spring breakers spent their time at the beach or on the slopes, volunteers from Saint Louis University School of Law spent their vacation providing pro bono legal services to lowincome clients in New Orleans. Twenty-four law students, accompanied by law alumni, faculty and attorneys from the Catholic Legal Assistance Ministries, spent the week of March 11-17 spread out among agencies like the Pro Bono Project, the New Orleans Legal Assistance Center (NOLAC) and the Juvenile Justice Project of Louisiana. The trip, aptly named Project Noah, included students from the Legal Clinics and the Public Interest Law Group. Many of those making the trip had personal connections to the area. Law students Luke Stobie and Laura Hawk experienced the devastation of the Hurricane firsthand. They were students at Tulane and Loyola Law Schools when the devastation hit. Professor Kerry Ryan is a Tulane Law School graduate. Professor Sidney Watson began her legal career in New Orleans and founded the legal clinic at Tulane University. As a Jesuit institution, Saint Louis University School of Law has always emphasized the importance of service. The Legal Clinics and the students who staff them serve the low-income St. Louis community. The Public Interest Law Group, which raises money to fund student internships at non-profit agencies throughout the United States as well as internationally, is also a vital part of the law school community. Members of the law faculty serve on various boards and institutions that serve the greater St. Louis community.
This trip allowed everyone to provide direct service to those who had experienced devastating losses as a result of Hurricane Katrina. Participants spent the majority of the trip in the French Quarter and downtown, areas that escaped most of the damage inflicted on the hurricane and subsequent flooding. The Superdome has been repaired since Hurricane Katrina, and all signs of the devastation, all traces of the chaos, have been erased from the physical structure itself. Still, repairs to the physical structure of New Orleans belie the problems that remain in the wake of the devastation. The New Orleans legal system suffered great losses after the hurricane. Many lawyers left to practice in neighboring states like Texas, Mississippi and Georgia. An already struggling public defender system, once chastised by the American Bar Association, found its numbers further devastated by the cutbacks following the flood. Free legal services offices lost funding, files and attorneys. Most striking was the inequity of the relief available to the low-income and working class of New Orleans. Many homes remained damaged and uninhabitable even one and a half years after the flood. The long expected aid promised by the federal and state governments has been slow in trickling down to homeowners. An informal practice of inheritance has stalled the efforts by many homeowners to receive the money available to repair their homes. Students at the Pro Bono Project assisted these homeowners in establishing a chain of succession. They spent their time
counseling clients and running to City Hall to seek documentation. Students at the New Orleans Legal Assistance Center worked in pairs with legal services lawyers handling consumer, housing, domestic relations, homelessness and public benefit issues. Students at the Juvenile Justice Project helped represent children who were charged with delinquency. The flooding resulted in the closing of a large portion of the juvenile detention facility in the city. A young girl spent the night chained to a bench in the jail because there is no facility for girls. The students assisted in gaining her freedom from confinement. Three of the St. Louis attorneys on the trip acquired Provisional Louisiana Law Licenses before the trip and appeared in court representing young clients. But perhaps those who gained the most from the trip were not the clients assisted by Project Noah but those who sought to help them. By serving the people of New Orleans, the participants on the trip gained insight not only into the lives of those affected by the hurricane but into themselves as well. To be allowed to participate in the rebuilding of New Orleans was a privilege. Professor McGraugh joined the School of Law in 2002 as an adjunct clinical professor while working with the Catholic Legal Assistance Ministry on a program to help incarcerated mothers with custodial issues. Since joining the School full time in 2003, McGraugh has directed the Criminal Clinic’s internships and externships.
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T h o m a s F.
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I
by Joel K. Goldstein, Vincent C. Immel Professor of Law
It was not difficult to persuade Tom Eagleton to teach a seminar on the Presidency and the Constitution at the School of Law with me. He loved the subject matter. “Separation of powers is the hottest topic in the legal world today,” he said more than once. He had thought about that subject during his adult life and had committed much of his time in the United States Senate to trying to draw, and enforce, appropriate boundaries on presidential power. And he was alarmed by what he saw as the abuses of power of the Bush Administration. He also had a strong attachment to the law school. His father, Mark D. Eagleton, was one of the School’s most distinguished graduates. He had talked his way into the evening program in 1913 as a 19-year-old without a high school diploma and later became one of St. Louis’ most able and successful attorneys. Tom Eagleton revered his father and honored his memory in part by establishing a scholarship in his father’s name at the School and by funding the Mark D. Eagleton classroom where some of his father’s pictures and certificates are displayed. Finally, Tom Eagleton loved to teach — not only for the opportunity to think and talk about challenging issues, but also because it brought him into contact with a new generation of lawyers. His hearing, or lack thereof, was the only impediment to a return to the classroom. But once a wise person suggested a court reporter and computer screen as the remedy, that disability vanished and Eagleton became Eagleton, full of energy, ideas and humor. Beginning in the fall of 2005, he would arrive Mondays before 4 p.m. often with a quip at his (or my) expense. He would usually come armed with copies of some reading he wanted to share with the class — a recent article about the
14 Saint Louis Brief Spring 2007
war in Iraq or by Judge Richard Posner or a chapter from a new book by his friend, former Senator Jack Danforth. He would toss his suit jacket to the seat behind him and take his place at the middle of the table in the Jury Room next to the court reporter. He seemed to gain energy from the students in the room. When he was not speaking, he would follow the conversation on the screen in front of him before offering the most memorable comments and questions of the day’s session. The events of his time came alive as he shared episodes from the Senate chambers or Washington salons. When we discussed how the Senate should scrutinize a Supreme Court nominee, he told of his colleague, Senator William Spong of Virginia, who lost his seat in part because he voted against Richard Nixon’s nominee, Judge G. Harold Carswell. “He isn’t fit, Tom,” Spong concluded after reading Carswell’s opinions. Eagleton agreed that Carswell lacked the distinction and ethics to sit on the Supreme Court (another colleague, Roman Hruska disagreed; sure Carswell was mediocre, he said, but there were a lot of mediocre people and lawyers who deserved representation on the high court). When Watergate was our topic, Eagleton told of his experience during the Saturday Night Massacre when Nixon ordered independent counsel Archibald Cox fired. After receiving a phone call that night, the Eagletons’ host, a Newsweek editor, left a dinner party full of prominent Senators and their spouses to hurry to his office to report on that assault on the rule of law. When we talked about the infamous Korematsu decision, Eagleton told of his private audience with Justice William Douglas in the early 1970s. “What was the biggest mistake of your career?” Eagleton asked. Voting to uphold the conviction in Korematsu, replied the aging jurist without hesitation.
He combined a scholar’s knowledge and critical rigor with a practical sense of how the world and its political institutions and politicians work. Eagleton did not tell his war stories just to entertain and certainly not to impress. He used them to illustrate how government worked and how politicians approached problems, and to provide the context for the great issues of presidential power and separation of powers. In fact, Eagleton did not bring to life just the events he witnessed or helped shape. He made Henry Clay and Abraham Lincoln vivid, too. He could do so because he knew their histories and understood their profession. He combined a scholar’s knowledge and critical rigor with a practical sense of how the world and its political institutions and politicians work. Eagleton communicated his passion for constitutional principle. It became most evident when he would discuss the constitutional allocation of the War Powers between Congress and the President. He would take the class through the relevant pieces of constitutional text and history, through the agony of Vietnam and the Senate politics in the early 1970s, to his decision to introduce, with Senator John Stennis and Senator Jacob Javits, the War Powers Resolution to include Congress in a meaningful way in the decision to go to war (Stennis’ participation gave clout to a couple of Senate liberals, he explained). Yet when the House-Senate conference adopted the House’s weak version, Eagleton opposed the measure because he thought Congress had abdicated its constitutional role. Much to Eagleton’s chagrin, the Senate’s other liberals supported the weakened
measure, in some cases because they saw it as an opportunity to embarrass Nixon. “You know this bill is unconstitutional. Why are you voting for it?” Eagleton asked one Democratic colleague. “Tom, I love the Constitution. But I hate Nixon more,” his friend replied. In Eagleton’s class one saw that constitutional abstractions do not alone dictate results. He taught constitutional principle but he also demonstrated how, at times, it must be shaped to achieve practical, but just, results in a world in which competing agendas and consideration must be addressed and often accommodated. For him separation of powers was not an esoteric exercise but a way to address national and international issues in a more satisfactory fashion. The realworld applications of these principles became a staple of the discussion. A true democrat, Eagleton refused to commit to teach the course a second time until he saw the course evaluations. He instructed me to include a separate question on the evaluation form: “Did Eagleton add anything?” I refashioned his suggestion to a formulation Dr. Gallup would find more acceptable. The returns were overwhelmingly positive, with virtually all students giving him their very highest rating. “Senator Eagleton provided wonderful insight and guidance,” wrote one student. “It was such a privilege to get to speak one-on-one with Senator Eagleton,” said another. “Senator Eagleton’s comments were very valuable, and so was his
humor,” wrote the most perceptive evaluator. Eagleton cared what the students thought because he cared about them as human beings. Even more than Eagleton was teaching his subject, he was teaching his students. He wanted them to engage the issues of our times, and wanted to help them along their professional path whenever he could. He probably wrote more letters of recommendation than some full-time faculty, often without informing his beneficiaries of his acts on their behalf. Ultimately, his humanity was the overriding element he brought as a teacher. The students can judge a real McCoy and they recognized that they had encountered someone special. The day after his death, one student wrote, “Senator Eagleton was obviously passionate about his civic duty and his responsibility to the people of Missouri and his country. It was also obvious that he wanted to instill into us this same passion.” Another wrote, “It was an honor to sit in the same room with him and discuss major constitutional issues of our time.” A third observed, “It is a testament to his character that he missed only one class even though the papers say he had been ill for several months.” A fourth: “He was such a gem.” Eagleton’s close friend and former aide, Mark Abels, ended his eulogy by saying: “What a life. What a loss. What a friend.” To which I would only add: And what a teacher! Of us all.
Spring 2007 Saint Louis Brief 15
T h e fa c e s o f
public service
DAGEN F ELLO W SHIPS SUMMER 2007 Christy Abbott, ’08
Matthew Knepper, ’09
Patrick Aitchison, ’08
Anna Kratky, ’08
Jessica Biersmith, ’08
Carolyn Kutten, ’08
Margaret Boudreau, ’09
Lindsay Loproto, ’08
Erin Brennan, ’08
Colleen Lux, ’08
Christine Brown, ’09
Matthew Mahaffey, ’08
Terrence Burek, ’09
Stephanie Mason, ’09
Cecelia Carroll, ’09
Shawn Mclain, ’09
Erica Chaney, ’09 HUD
Shaun Morgan, ’08
Mary Delworth, ’08
David Morin, ’09
Brian Flavin, ’08
Eric Morley, ’08
U.S. Attorney’s Office, ED of MO Great Rivers Environmental Law Center U.S. Attorney’s Office, ED of MO Missouri State Public Defender-Trial Division Clerkship-Honorable Jane Boyle-Dallas,TX Federal Public Defender-Tennessee Massachusetts Department of Public Health HUD
U.S. Attorney’s Office-ED of MO-Criminal Division Volunteer Lawyers and Accountants for the Arts-St. Louis
Karen Gaffney, ’08
St. Louis City Circuit Attorney’s Office
J. Patrick Garcia, ’09
U.S. Attorney’s Office -ED of MO
Mark Guest, ’08
Resurrection Health Care Office of Legal AffairsChicago, IL
Stephanie Gwillim, ’08
Missouri State Public Defender’s Office
Mary Hayes, ’08
Missouri State Public Defender’s Office
Natalie Kean, ’08
U.S. Attorney’s Office-ED of MO Circuit Attorney’s Office-St. Louis Bridges Across Borders-Cambodia Cook County State’s Attorney’s Office-IL St. Louis City Circuit Attorney’s Office Missouri State Public Defender’s Office Missouri State Public Defender’s Office Missouri State Public Defender’s Office
auction 2007
$16,000 Net raised from the 2007 auction
St. Louis City Circuit Attorney’s Office Office of the Attorney General-Maine Office of the Governor-State of MO-legal section
Bradley Neckermann, ’09
$8,000 Contribution from the Dean’s Office
Missouri State Public Defender’s Office
Brad Powell, ’08
Bridges Across Borders-Cambodia
Katherine Pull, ’08
St. Louis City Circuit Attorney’s Office
Laura Reppert, ’08
St. Louis City Circuit Attorney’s Office
$51,000 Amount from the Irvin and Maggie Dagen Fellowship Fund
Daren Rich, ’09
Missouri State Public Defender’s Office
Sarah Schweitzer, ’09
Missouri State Public Defender’s Office
National Health Law Program – North Carolina
Laura Spencer, ’09
Andrea Kmicikewycz, ’08
Jonathan Waclawski, ’08
Health and Medicine Policy Research GroupChicago, IL
pi lg s
U.S. Attorney’s Office
Attorney General’s Office-Wisconsin
$75,000 Total amount going toward summer fellowships in 2007
Patrick Watts, ’09
U.S. Attorney’s Office-ED of MO photo by Chris Detrick
16 Saint Louis Brief Spring 2007
Spring 2007 Saint Louis Brief 17
T h e fa c e s o f
public service
Charles B.
Blackmar The following is a eulogy delivered by Michael A. Wolff, Chief Justice of the Supreme Court of Missouri, at the funeral service for Judge Blackmar.
18 Saint Louis Brief Spring 2007
Professor, Judge, Chief Justice … and Charlie
e
veryone, I am sure, remembers the first time they met Charlie Blackmar. I certainly do. It was in 1975 when I came to Saint Louis University to teach law. Our offices were next door to each other. We exchanged pleasantries, talked about judges whom we had known and knew in common. He had clever nicknames for his. Political correctness aside, I don’t remember which judge was “the little magician” or which one was “the wicked dwarf,” but I realized that in this great brain of his was a rather wicked sense of humor. It also occurred to me that this man probably had forgotten more law than I would ever know. But as I came to know him, I realized that he probably did not forget anything … at least about the law… or baseball. About the third day of my time at Saint Louis University I was in the library and I heard his voice saying, “Have you read this case at 23 Federal 2nd 671?” (or some such thing like that). “I’ve got to read this other case,” and he gives a citation. Then I realized he was not talking to me; he was talking to himself. And it was a better conversation, to be sure. As many of you know, he had a way of processing information by speaking it to himself out loud. One of those characteristics that you just catch on to eventually. Professor Blackmar was an extraordinary teacher, one of the most popular at the law school. It was truly a great fortune for Saint Louis University in 1966 to obtain the services of this extraordinary scholar, great and deeply experienced lawyer and superb teacher. His main course was Corporations, and it was routinely over-enrolled. But more importantly, he was the “go to” person for everything. If the dean needed a course taught at the last minute, Charlie was it. I remember when Dick Childress, our former dean, died in 1977 early in the semester when he was teaching Constitutional Law. Charlie was in the classroom for the next class picking up exactly where Childress had left off. He was truly the law school’s utility infielder.
April 19, 1922– January 20, 2007 School of Law Professor Emeritus Charles Blakey Blackmar, former Chief Justice of the Missouri Supreme Court and distinguished legal scholar, died in Clearwater, Florida, on January 20, 2007.
What the students loved about his teaching was his wonderful sense of humor. He kept them awake, and kept them engaged in the subject matter. The source of his popularity was not just his humor; he had a very logical mind and his analyses were well structured. He made the subject look easy, even when it was not. His teaching was, as well, accompanied by some unique mannerisms. There were a number of students who made a specialty of Professor Blackmar imitations. Probably the high point (or low point) was in the early 1980s when, at a student variety show, two of the better imitators did a skit to the tune of “Dueling Banjos,” called “Dueling Blackmars,” where they imitated his mannerisms in tempo to the “Dueling Banjos” music. He was no stranger to politics, academic as well as in the real world. Perhaps most of you think of the academic world as populated mostly by Democrats; Charlie was a Republican. Rather famously, in 1972, he was the head of “Republicans for McGovern.” And, to be fair, probably its only member. He was a friend, mentor and occasional critic to some of our state’s most notable Republicans. He played academic politics and real politics with good humor. When students agitated to be allowed to attend faculty meetings, Professor Blackmar took the position that attending faculty meetings would violate the constitution’s prohibition of “cruel and unusual punishments.” He was the fastest reader and the fastest writer I have ever known. His output, as shown in the many works listed in his biography, was prodigious. This extraordinary productivity could produce, as is common in academia, a bit of envy. One of his faculty colleagues, who wanted to make sure that Charlie was not the smartest guy around, came up to him one day and pestered him about whether he had read such and such a law review article. Charlie responded: “Well no. Actually I’ve been too busy writing law review articles to read that many of them.” To the contrary, for many recent years, unbeknownst to the School of Law faculty, Charlie read every faculty writing as the sole judge of an award given by a St. Louis law firm for the best faculty writing of the year. This position seems fitting in view of the fact that when the award was instituted, many years ago, Professor Blackmar was the first winner. Charlie’s sartorial reputation may or may not have been deserved. I personally never saw him wear one brown shoe and one black shoe, but I tell you, if he did, they were a matched set because he had another pair just like them at home.
From the late 60s until he went to the Supreme Court of Missouri in 1982, Charlie was the main author of Federal Jury Practice and Instructions, a work that he turned over to me, in part, after he left for the court. It was an enormous undertaking. But during the same time period when he was writing and teaching, he also did scores of labor arbitrations and supervised the writing of briefs in criminal cases for his good friend, Attorney General Jack Danforth. Later in the 70s he undertook a project to rewrite the entire election code of Missouri. It was not a simple matter, and there are probably very few minds large enough to get around the subject. It is probable that every change in election law since then has not been an improvement. In the early 80s he was the first settlement coordinator for the U.S. Court of Appeals for the Eighth Circuit. He was modest about his accomplishments as a lawyer and legal scholar. I remember him telling me, shortly after we met, that he was a member of the “Rope and Chair Club” and the “Million Dollar Club.” The first club is composed of lawyers whose clients have received the death penalty; the second club has lawyers whose clients have suffered a million dollar judgment. That was back when a million dollars was a lot of money. Throughout his career, he was steadfastly for the underdog, and championed a number of causes that he felt were just and right. He did not care, particularly, whose ox he gored, and was willing to write poison-pen letters to as many powerful people as he thought ought to listen to him. He was a natural adversary of pompous blow-hards. Charlie was a passionate defender of the Missouri nonpartisan court plan. One of his last published works, forthcoming, is a history of the nonpartisan court plan which is in part a history of his own involvement with it, starting with circulating petitions in 1940 for the measure to be put on the ballot. Charlie’s father, a prominent Kansas City lawyer, was one of the initiators of the nonpartisan court plan. This group of farsighted lawyers, that included his father, took on the political establishment of the day and ran the first successful campaign in the country to have a nonpartisan court plan adopted. It has since become known as The Missouri Plan, and copied in some part in over 30 states. As a judge, he was absolutely conscientious about the law, and always hoped to direct it in ways that made good common sense. He wrote decisions that were instrumental in changing the way we try cases to juries, for example. As Judge Blackmar he was scrupulous in separating the needs of the law from his own personal
Spring 2007 Saint Louis Brief 19
To the end of his life he was passionately involved with the law, in learning more about it, in learning about life through the law and, on wonderful occasions, giving us the benefit of his insights.
preferences. For example, in his essay, “Judicial Activism,” which was published nine years ago in the Saint Louis University Law Journal, he wrote: “I have been an opponent of the death penalty from the time I defended, under court appointment, a man who was executed. There are elements of subjectivity in any judicial decision and, undoubtedly, in any other decision. The judge, however, does not exercise unrestrained power. I wrote several opinions upholding death sentences and concurred in quite a few others. I would not be true to my oath if I voted automatically to set aside any death sentence. I did write quite a few dissents and partial dissents in death cases, not because I wanted to spare a particular defendant the needle but because I felt that courts should be scrupulous in applying procedural safeguards when the ultimate penalty is involved … I tried to do my duty as I thought in death cases, and I am confident that my colleagues did also.” Judges, he said, “have a special duty, in controversial cases, to take account of their predilections and to satisfy themselves that decisions fit soundly into the total fabric of the law.” Judge Blackmar also said that judges have “a responsibility to give careful attention to the opposing views of colleagues, which is sometimes lacking in appellate courts.” It’s fair to say that he deeply resented the Missouri Constitution’s age 70 mandatory retirement. After his forced retirement in 1992, he served as a senior judge. He started at the trial level, and did a docket of cases in St. Louis County; thereafter, he sat fairly regularly as a member of panels on the court of appeals in St. Louis; and in recent years we benefited greatly from his service as a senior judge on our court when there have been judges who have recused. To the end of his life he was passionately involved with the law, in learning more about it, in learning about life through the law and, on wonderful occasions, giving us the benefit of his insights. I really will miss the regular phone calls that often came a day or two after our decisions were handed down. The conversations invariably started with this: “Well, I have studied the learning from the learned court . . . ” Whereupon, he would proceed to critique each of the opinions in order, gently expressing his surprise or disappointment where we didn’t quite get it right, and otherwise offering the benefit of his thinking.
Not that I always welcomed these insights, mind you. Sometimes people find themselves disagreeing with them, which is sometimes hard to do because he takes your position and then shows how wrong, dysfunctional or otherwise idiotic it is, without using words like idiotic. In every case where he sat with us, I honestly came away believing I had learned something. You eventually always knew where he stood, and it was always a pleasure, agree or not, to listen to him lay out his analysis in any given case. He truly was masterful, and remained so all the way through his last vote on our court which was just three weeks ago… and in a pointed and understated book review published in a legal newspaper just a couple of weeks ago. I have mentioned his modesty about his personal talents and accomplishments. For most of the time that I have known Charlie, I was not aware of the extent of his service in World War II. Many of you may have been surprised, upon reading his obituary, that he served in combat in the European theatre and was awarded the Silver Star, the Bronze Star and the Purple Heart. That represents a lot of combat experience. In fact I did not know the extent of it until the day he told me about it after a retired colleague from the Court had written a memoir indicating that the writer was the only member of the Supreme Court of Missouri who had seen combat service in World War II. I would have to say that the colleague who wrote that erred most likely because Charlie probably never mentioned it. In writing of his service, Charlie understated his service, making it seem as though he was just in the neighborhood when the war was going on. He concluded: “I didn’t ask for military service, particularly in the front lines, but it became part of my life and now, having survived, I’m glad I had the experience.” There was one part of his life that he was particularly proud of: his family. He was proud of each and every one of them. He loved their company. He celebrated with them and with us their accomplishments, large and small. He shared with them all of the joy, the sorrows, the exasperation that family life can bring. Without the solid grounding of the love they gave him, he would have been much poorer company for all of us. Charles Blakey Blackmar. What a guy. We will all miss him, very much.
AND T WINNE HE R IS If Ca ndac e Par solici ker, ’ t stud 07, h ents the T ad to for p hurgo artici o d pa Mars Team hall M tion in , the descr looke iption ock Trial d like migh two m this: t’ve give onths up sl , live e abou ep fo off r friend t seeing y caffeine, forge our f s and ami t teach trial a yours ly and dvoc acy f elf th all w rom e hile a t h e gro art of ttend time un ing la on th w sch d up, e rar ool fu e cha migh n c e t actu the te ll ally w am in.
by S
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20 Saint Louis Brief Spring 2007
ie Ell
is Spring 2007 Saint Louis Brief 21
S T U D E N T COMPETITIONS You’d think with a pitch so sobering, there wouldn’t be many takers. You’d be wrong. After creating what she calls “the Dream Team,” Parker found herself surrounded by a group of women so determined to prove themselves that nothing, not even collective responsibilities like a part-time job, a husband and two children, a boyfriend in another state, a five-year-old, the planning of a wedding or a death in the family, could stop them from rising to the challenge. That level of determination is similar for Heather McCollum, ’08. An interest in public health issues and a passion for advocacy prompted her to try out for the School’s Health Law Moot Court team. Armed mostly with an intense desire to hone her skills and be challenged, a win would’ve merely served as an added bonus. Lucky for McCollum and teammate Brent Sumner, ’07, it wasn’t an either-or situation. Last November, the pair was the Overall Winner of the 15th Annual National Health Law Moot Court Competition and took home the award for Best Legal Brief. Not only was it the first title for Saint Louis University School of Law students in the national competition, but it also earned McCollum and Sumner a scholarship from the American College of Legal Medicine Foundation as well as the promise of seeing their brief published in a future edition of the Journal of Legal Medicine. McCollum credits the efforts of her advisers and teammates, which also included Katie Rose Fink and Catriona Nally, who took home a second place win for Best Legal Brief, along with “a lot of very long nights and very long days, a lot of writing and a lot of revisions,” for her eventual success. “When you’re in a situation like this, you need to understand all of the intricacies involved before you are called to speak,” McCollum says. “The person asking you questions assumes you understand everything. They treat you as if you are a full-fledged lawyer and understand the issues involved and how they connect to other areas of law or, in our case, public policy and public health. I think that’s why this was
22 Saint Louis Brief Spring 2007
Year: 2005-2006 Competition: Regional Round, National Trial Team Competition — February 19-20, 2005 Award: Regional Champions Students: Kate Douglas, Ryan Dickherber, Pete Naylor
Year: 2006-2007 Competition: Midwest Regional Thurgood Marshall Mock Trial Competition, February 2007 Award: Regional Winners Students: Candace Parker, Nicole Dunn, Sharonda Shahid, Latieke Sanford
The School’s Thurgood Marshall Mock Trial Team with Professor Eric Miller
The Health Law Moot Court Team with Kelly Dineen
such a great learning experience. You have to force yourself to understand the material if you want to succeed.” Parker and her teammates, Sharonda Shahid, ’07, Latieke Sanford, ’08 and Nicole Dunn, ’07, know a thing or two about pushing the envelope when it comes to working to understand the material. “We started preparing after finals in mid-December,” says Parker, “and the competition was the end of January.” Only one person on the team had ever taken Trial Advocacy, and another teammate was taking the course while preparing for the competition. “We were putting in late hours, sometimes until Midnight, on weeknights and weekends,” recalls Dunn. “And that’s just the time we spent in preparation as a group.” Parker says each teammate put in an equal amount of work preparing the opening statement and preparing their witnesses, who happened to be each other. “Since we were each other’s witnesses,” she notes, “we had to prepare each other for trial. Essentially, we prepared for two trials at one time.” That intense level of understanding is exactly what Professor Eric Miller, one of the Thurgood Marshall Mock Trial Team’s advisers, finds most beneficial about practical skills opportunities. He sees competition as a mechanism that forces students to work on their own and conduct the sort of research and development of arguments that are key
For those on the team, preparation was rigorous. The Trial Advocacy Team met an average of four times a week for two and a half hours at a time from November until the end of March. As the competition drew close, team members were putting in seven to eight hour days. At the Regional Round of the NTC, each trial involved opening and closing statements as well as the direct and cross-examination of each of the four witnesses (each side had two witnesses). Each team competed twice and then the top eight teams advanced to the semifinals and finals. The top two teams from each of the 13 regional tournaments advanced to the championship rounds. While students David Wilkins, ’07, John Hoelzer, ‘07 and Brent Dulle, ‘07 advanced to the semi-finals in the regional competition, the School’s team consisting of 2007 graduates Rachel Milazzo, Jennifer Slominski and Tim Grochocinski advanced to the finals and, ultimately, the championship rounds in Texas this past March. Advisers Patrick Mickey and David Bruns were proud of both teams’ progress and impressed by their hard work. “All of them came in with some raw skill or talent,” says Mickey, “but we’ve seen them evolve and come into their own — really grow into very promising future trial lawyers as a result of their time on the team.” Team member Rachel Milazzo admits to being amazed by her own evolution. “There wasn’t a day I didn’t go to practice that I didn’t learn something,” she says. “Whether it was how I should conduct cross examination or
to becoming good lawyers. “The point is to move students from just recognizing the issues to structuring persuasive arguments and being able to strongly argue both sides,” he says. For most law students, trial work is theoretical — words dotting the pages of a legal text, fictitious clients observed through the lens of a camera or the illustrations of actual cases during a class lecture. Practical opportunities such as Moot Court and Trial Advocacy serve as a complement to legal coursework, allowing students to move beyond theory and put into practice all that they’ve learned in the classroom. School of Law students have shown great interest in these opportunities. During the 2006-2007 academic year, for example, more than 64 students competed for positions on one of the School’s nine active teams — Client Counseling (1), Moot Court (6) and Trial Advocacy (2). Though the number of students eligible for participation in a team varies, there is a selection process. This means students are essentially competing for a position on a team before they’re even in an actual competition. Twenty-five students tried out for the Trial Advocacy Team, and only eight were selected. Of those eight, only six students participated in the regional round of the National Trial Competition (NTC) in February, sponsored by the American College of Trial Lawyers and the Texas Young Lawyers Association.
handle technical matters in trial, this experience definitely gave me the foundation I need to be a good trial attorney. After all, you’re a good trial attorney by practice.” Practice. That’s what it’s all about. Testing your mettle. Learning to surpass your limitations. Working to uncover talent you may not have known you possessed. Every student who has participated in a competition shares something in common — they’ve all grown from the experience and find themselves more ready to tackle the realities waiting for them beyond the classroom. “I think we definitely know what to do in a courtroom now,” says Parker. “We’ve done a trial from the filing of charges to the final disposition of the case. I feel like you can hand me a case and I’ll do what needs to be done.” Echoes her teammate, Shahid: “Although being in a courtroom isn’t scripted like it is when you watch a show like ‘Law and Order,’ it’s just as exciting and has the same highs and lows of a television drama. This kind of experience helps you see that. I’d recommend it to anyone.” Anyone who thinks they’re ever going to have to argue a point in their lives, that is, says McCollum. “I think it’s absolutely great practice and something you’re not going to experience in the classroom,” she adds. “There is nothing like being on the spot in front of judges who spend their lives looking at the minutia and asking people questions. There’s nothing that prepares you for the law like that.”
Competition: 15th Annual National Health Law Moot Court Competition, November 10-11, 2006 Award: Overall Winners Students: Heather McCollum, Brent Sumner This was the first title for Saint Louis University School of Law students in the competition. Competition: 15th Annual National Health Law Moot Court Competition, November 10-11, 2006 Award: Best Legal Brief Students: Heather McCollum, Brent Sumner Competition: 15th Annual National Health Law Moot Court Competition, November 10-11, 2006 Award: Runner Up Best Legal Brief Students: Katie Rose Fink, Catriona Nally Competition: Regional Round, National Trial Team Competition — February 16-18, 2007 Award: Regional Champions Students: Rachel Milazzo, Jennifer Slominski, Tim Grochocinski
Competitions in Which Our Students Have Participated: The Regina and William H. Kniep Moot Court Competition Philip C. Jessup International Law Moot Court Competition The Giles Sutherland Rich Moot Court Competition The Saul Lefkowitz Intellectual Property Moot Court Competition National Health Law Moot Court Competiton Client Counseling Competition National Trial Team Competition The Thurgood Marshall Mock Trial Competition The Frederick Douglass Moot Court Competition
Spring 2007 Saint Louis Brief 23
T h e fa c e s o f
public service
faculty profile
facult y profile
Sidney D. Watson, Professor of Law Resumé • Professor of Law, Saint Louis University • Professor, Mercer University School of Law • Visiting Scholar, Seton Hall University Law School, Health, Law and Policy Program • Supervising Attorney, Alaska Legal Services Corporation, Dillingham, Alaska • Director, Farmworkers Legal Assistance Project, New Iberia and New Orleans, Louisiana • Managing and Senior Attorney, New Orleans Legal Assistance Corporation, Health, Welfare and Elderly Units, New Orleans, Louisiana • Assistant Professor and Director of Clinical Education, Tulane University School of Law, New Orleans, Louisiana • University of Southwestern Louisiana, B.A. in Political Science, 1974 with Highest Honors; Harvard Law School, J.D., 1977, cum laude, President, Harvard Legal Aid Bureau
Sidney D. Watson
A Voice for Others
photo by Jay Fram
“
For me, the overarching health law question is: How do we structure a health care financing system so that we mutually support each other in our times of medical need? 24 Saint Louis Brief Spring 2007
”
Professor Watson, a specialist in health law and health care access for the poor, has spent her legal career advocating on behalf of low-income people, both as a legal services lawyer and as a law professor. From 1977 to 1981, she was director of clinical education at Tulane University School of Law. She founded both Tulane’s Law Clinic and its Trial Advocacy program. From 1980 to 1987, she was a legal services lawyer in Louisiana and Alaska. In Louisiana, she served as managing and senior attorney in the health, welfare and elderly units of the New Orleans Legal Assistance Corporation. She was also director of the Farmworkers Legal Assistance Project, a statewide legal services program representing migrant and seasonal farm workers. She spent three years in Dillingham, Alaska, as the supervising attorney of the Alaska Legal Services Corporation Bristol Bay office, a circuit riding through 32 native villages throughout southwest Alaska. Currently, Watson is advocating for improved access to Medicaid services for people with disabilities and others. She received a grant from the Missouri Protection and Advocacy Service, the Missouri Planning Council on Development Disabilities and the Southern Disability Law Center to write An Advocate’s Guide to Missouri MC+/Medicaid for People with Disabilities, a reference guide for lawyers and other advocates. Professor Watson is a frequent speaker to consumer, disabilities rights and children’s groups about Medicaid and access to care. She has written extensively on racial and ethnic disparities in health care, health reform, physicians and charity
care, and health care for those who are homeless. She is editor of the book, Representing the Poor and Homeless: Innovations in Advocacy. She also authored three editions of the book, A Georgia Advocate’s Guide to Health Care. Professor Watson is a former member of the ABA Commission on Homelessness and Poverty. She also served on the National Health Law Program Task Force on Civil Rights and Health Care Reform during the Clinton Health Reform Initiative.
Personal Reflections I started teaching at Tulane Law School right after my own graduation from law school. While there, I started the Tulane Law Clinic and Trial Practice Program. I left after three years because I needed to learn how to be a lawyer: I wanted to be a lawyer for poor people, to help be a voice for those whom our justice system too often forgets. New Orleans Legal Assistance Corporation hired me to start a Health Law Unit. That was my introduction to health law and that’s how I became a health lawyer. Health law raises questions about the role of law in promoting equality and justly distributing social resources. At some point, we all need medical care and no one — except maybe Bill Gates or Donald Trump — has enough savings to pay for medical care when catastrophe strikes. For me, the overarching health law question is: How do we structure a health care financing system so that we mutually support each other in our times of medical need? This has turned out to be a challenging question for Americans. Time and again we have floundered and failed to enact policy that would extend health insurance coverage to all Americans. But even as we flounder, we have never completely turned our back on the sick and poor. We may not have an elegant health care financing system, but we muddle along in a continuing public debate. Teaching in the Center for Health Law Studies allows me to participate in this discussion with students, alums, policymakers and community advocates. I think health law is a wonderful practice area. It provides lawyers with the opportunity to work with other caring professionals like nurses, doctors and community-based providers. I love teaching. Even when I left Tulane to become a practicing lawyer, I knew I would return to the teaching of law. I realized that being part of the practice of law would make me a better law professor. Teaching law is different from practicing law, however. When you practice in a specific area of law, you need to learn everything there is to know about a very specific problem but you don’t typically have the time to think about how the client’s problem relates to other areas of law and policy. When I teach, I get the opportunity to look across many areas of law to understand the connections — and, oftentimes, disconnections. I love to teach because I love working with students. They teach me something new every day. Spring 2007 Saint Louis Brief 25
facult y SCHOL ARSHIP
faculty scholarship
Faculty Scholarship: John J. Ammann
Associate Clinical Professor of Law
Mark P. Bernstein
Assistant Professor of Law
Frederic M. Bloom
Assistant Professor of Law
Matthew T. Bodie
Assistant Professor of Law
Isaak I. Dore Professor of Law
Joel K. Goldstein
Vincent C. Immel Professor of Law
THOMAS L. GREANEY
Chester A. Myers Professor of Law
26 Saint Louis Brief Spring 2007
On the Pulse In this installment of “On the Pulse,” Alan M. Weinberger, associate dean for faculty, highlights the latest scholarly achievements of the School’s faculty. A chapter by Professor John J. Ammann, “All About Dignity,” appeared in the book, Lawyers Working to End Homelessness, published by the American Bar Association. Professor Mark P. Bernstein’s reviews of Introduction to U.S. Law and Legal Research by Dana Neacsu and Religious Freedom in the Liberal State by Rex Ahdar and Ian Leigh were published in the Spring 2006 and Summer 2006 issues, respectively, of the International Journal of Legal Information. His article, “One Size Fits All No More: The Impact of Law Specialization on Library Services,” was published in the March 2007 issue of Spectrum, the official monthly publication of the American Association of Law Libraries, and his article, “The Social Audit: A Qualitative Method to Evaluate the Value of a Library,” has been accepted for publication in the November 2007 issue of Spectrum. Professor Frederic M. Bloom’s article, “State Courts Unbound,” has been accepted for publication by the Cornell Law Review.
Professor Joel K. Goldstein has been invited to contribute an essay on Presidential Immunity to the Encyclopedia of the Supreme Court of the United States which Thomas Gale is publishing. He and co-authors John Attanasio and Norman Redlich are revising Constitutional Law for a fifth edition to be published in 2008 by LexisNexis. He recently published short essays on “Presidential Ticket Balancing” and “Walter Frederick Mondale” in The American Midwest: An Interpretive Encyclopedia (Indiana University Press, 2007), on “W. Arthur Garrity, Jr.” in Yale Biographical Dictionary of American Law (Yale University Press, 2007) and on “Paul Freund” and “Affirmative Action” in Encyclopedia of American Civil Liberties (Routledge, 2006). He also published a review of The Dynamic Constitution: An Introduction to American Constitutional Law by Richard Fallon in volume 93 of the American Oxonian (2006).
Professor Matthew T. Bodie’s article, “Information and the Market for Union Representation,” will appear in the March 2008 issue of the Virginia Law Review.
Professor Thomas L. Greaney’s article, “Antitrust and Hospital Mergers: Does the Nonprofit Form Affect Competitive Substance?” appeared in volume 31 of the Journal of Health Politics, Policy & Law (2006).
Professor Isaak I. Dore’s book, The Epistemological Foundations of Law, was published by Carolina Academic Press in June 2007.
Professor Alan J. Howard’s article, “The Mode in the Middle: Recognizing a New Category of Speech Regulations for Modes of Expression,” appeared in volume
14 of the UCLA Entertainment Law Review. His article, “Fundamental Rights versus Fundamental Wrongs: What Does the U.S. Constitution Say About State Regulation of Out of State Abortions?” appeared in volume 51 of the Saint Louis University Law Journal.
Tradition of Voter Exclusion,” was published in volume 16 of the National Black Law Journal (2006). His article, “Keeping It Real: Empathy and Heroism in the Work of Charles J. Ogletree, Jr.,” was published in volume 19 of the Harvard BlackLetter Law Journal (2006).
Professor Sandra H. Johnson’s article, “Polluting Medical Judgment? - False Assumptions in the Pursuit of False Claims,” has been accepted for publication in the Minnesota Journal of Law, Science & Technology.
Professor Carol A Needham’s article, “The Professional Responsibilities of Law Professors: The Scope of the Duty of Confidentiality, Character and Fitness Questionnaires, and Engagement in Governance,” was published in the March 2006 issue of the Journal of Legal Education.
Professor Michael Korybut placed the article, “Article 9’s Incorporation Strategy and Novel, New Markets for Collateral: A Theory of Non-Adoption,” with the Buffalo Law Review. Professor Mark P. McKenna’s article, “Intellectual Property, Privatization and Democracy: A Response to Professor Rose,” was published in the Spring 2006 issue of the Saint Louis University Law Journal. His article, “The Normative Foundations of Trademark Law,” will be published in the May 2007 issue of the Notre Dame Law Review.
Professor Camille A Nelson’s article, “Multicultural Feminism: Assessing Systemic Fault in a Provocative Context,” was published in volume 17 of the University of Florida Journal of Law and Public Policy (2006). Her chapter, “The Conflicting and Contradictory Dance: The Essential Management of Identity for Women of Colour in the Legal Academy,” was published in Calling for Change: Women, Law and the Legal Profession Ten Years After Touchstones (University of Ottawa Press 2006).
Professor Eric J. Miller’s article, “Foundering Democracy: Felony Disenfranchisement in the American
Professor Henry M. Ordower’s commentary, “First Drafts of Technical Guidance: Industry Participation,”
Alan J. Howard Professor of Law
Sandra H. Johnson Professor of Law
Michael Korybut
Associate Professor of Law
Mark P. McKenna
Assistant Professor of Law
ERIC J. MILLER
faculty bookshelf
Assistant Professor of Law
The Epistemological Foundations of Law By Isaak I. Dore Professor of Law “This book is a brilliantly conceived and executed exploration of the extent to which law is rooted in ‘truth’: rational truth, perceptive truth, and moral truth. This question is obviously foundational to law, whether law is viewed practically or theoretically. Through keen selection of materials and sharp commentary, Professor Dore presents — in one volume — the best current treatment of these issues from a broad historical perspective. It is an engaging and critical achievement, important reading for anyone interested in law as a human institution.” – Laura S. Underkuffler, Arthur Larson Professor of Law, Duke University
CAROL A. NEEDHAM Professor of Law
Camille A. Nelson
Associate Professor of Law
Spring 2007 Saint Louis Brief 27
facult y SCHOL ARSHIP
HENRY M. ORDOWER Professor of Law
Nicole B. Porter
Assistant Professor of Law
Kerry A. Ryan
Assistant Professor of Law
PETER W. SALSICH
McDonnell Professor of Justice in American Society
Ann M. Scarlett
Assistant Professor of Law
Nicolas P. Terry
Chester A. Myers Professor of Law
Stephen C. Thaman Professor of Law
appeared in the May 21, 2007 issue of Tax Notes and in Tax Notes Today on May 22. His article, “Demystifying Hedge Funds: A Design Primer,” appears in the spring issue of the University of CaliforniaDavis Business Law Journal. A preface, as well as a general report from the 17th Quadrennial Congress of the International Academy of Comparative Law appears in volume 15 of the Michigan State Journal of International Law (2007). His general report, “Restricting the Legislative Power to Tax: Intersections of Taxation and Constitutional Law to the 17th Congress of the International Academy of Comparative Law,” appeared in K. Boele Woelki & S. van Erp (eds.), General Reports of the XVIIth Congress of the International Academy of Comparative Law (Utrecht 2007) and his article, “Horizontal and Vertical Equity in Taxation as Constitutional Principles: Germany and the United States Contrasted,” appeared in volume 7 of the Florida Tax Review (2006). Professor Nicole Porter’s article, “Reasonable Burdens: Resolving the Conflict Between Disabled Employees and Their Co-Workers,” has been accepted for publication by the Florida State Law Review. Her article, “Victimizing the Abused? Is Termination the Solution When Domestic Violence Comes to the Workplace?” appeared in volume 12 of the Michigan Journal of Gender & Law (2006) and her essay, “Re-Defining Superwoman: An Essay on Overcoming the ‘Maternal Wall’ in the Legal Workplace,” appeared in the Spring 2006 issue of the Duke Journal of Gender Law & Policy. Professor Kerry A. Ryan’s article, “Access Assured: Restoring Progressivity in Student Aid,” will appear in the January 2008 issue of the Seton Hall Law Review. Professor Peter W. Salsich, with co-author Joel Mintz, has submitted the manuscript for State & Local Government in a Nutshell (3d ed.) to be published by
West/Thompson. He is also a signatory to the Brief of Amici Curiae Housing Scholars and Research & Advocacy Organizations in Support of the Seattle School District and Jefferson County Board of Education in cases argued before the Supreme Court of the United States.
Off-Label Prescriptions: The Drug Safety Policy Debate
Professor Ann M. Scarlett’s article, “Confusion and Unpredictability in Shareholder Derivative Litigation: The Delaware Courts’ Response to Recent Corporate Scandals,” has been accepted for publication by the Florida Law Review.
Health policy issues generally involve significant trade-offs in which efforts to achieve one goal usually produce damage to others. This is certainly true in the case of drug safety policy, as current passionate debates about the effectiveness of the FDA illustrate. In fact, the majority of prescription drugs that patients take are prescribed for a purpose, in a higher or lower dose, over a longer period of time, or for a population different from that for which the FDA approved the drug. Recent studies reveal that 21% of all prescriptions written in the medical office setting were prescribed for a purpose for which the drug had not been approved. Drugs for some medical conditions reach even higher levels: 75% of prescriptions for antidepressant drugs, for example, were for unapproved purposes as were 80% of anticonvulsant medications. Prescriptions for cardiac medications and prescription antihistamines for allergies also approach rates of 50% or higher for unapproved purposes. This practice, called “off-label” prescribing, has raised significant safety and effectiveness concerns. A study published in the Journal of the American Medical Association in May 2006 sharpened these concerns when it reported that “most” off-label prescriptions studied had “little or no scientific support.” This is scary stuff. Counterintuitively, however, restricting off-label prescribing categorically will harm individual patients denied medication that may provide the most effective treatment for them though not yet definitively proven to do so. Furthermore, patients generally may suffer if restrictions on off-label prescribing seriously reduce medical innovation and field discovery of important therapeutics. Some examples: Oncologists frequently treat cancer patients with drugs that have been effective with similar types of cancer and have shown promise in ongoing, but uncompleted, clinical trials for the particular cancer that their current patient has. In another common situation, a doctor and patient are likely to find that a pain medication approved for the treatment of neuropathic pain generated by shingles provides relief for the patient’s neuropathic pain caused by another medical condition even though the drug is not approved for that specific use. Sick children may require a drug for treatment even though that prescription will be off-label because the drug has not yet, and may never be, tested specifically on children. Similarly, most drugs are not tested on elderly individuals, where changes in metabolism may significantly alter the effect of a standard drug regimen. Why is off-label prescribing so prevalent? The answer that has grabbed the headlines recently — because of the over $1 billion paid in settlements of government claims against pharmaceutical companies over the last few years and the proliferation of private class action liability suits drawing on those claims — is that doctors prescribe drugs off-label because the manufacturers pay them to do so through marketing techniques that include financial rewards, big (e.g., consulting fees) and small (e.g., the free lunch). While the story told in this litigation provides a great villain and reveals obvious excesses, the phenomenon of off-label prescribing is much more complicated than that.
Professor Nicolas P. Terry’s article (coauthored with Leslie P. Francis), “Ensuring the Privacy and Confidentiality of Electronic Health Records,” will appear in the University of Illinois Law Review (2007). Professor Stephen C. Thaman’s article in Russian, “Analysis of Draft Law of the Republic of Kazakhstan ‘On Fighting the Legalization (Laundering) of Illegal Income and the Financing of Terrorism,’” appeared in Yurist’ (Kazakhstan) (2006). His article in German, “Russia: Return of Errorless Justice,” appeared in Transformation des Rechts in Ost und West. Festschrift für Prof. Dr. Herwig Roggemann zum 70 Geburtstag (Dirk Fischer ed. 2006). Professor Sidney D. Watson is coauthor of a series of reports by the Saint Louis University Health Policy Legislative Analysis Team, published by the Missouri Foundation for Health that analyze the Massachusetts universal health care reform law and its applicability to Missouri. The first report in the series, “The Missouri Health Care Landscape,” compares the Missouri and Massachusetts environments, and was released this past summer. Professor Terry was a contributing author, along with professors from the Saint Louis University School of Public Health and the John Cook School of Business.
Once a drug is approved by the FDA as safe and effective, the FDA has no authority to limit or interfere with physicians in prescribing the approved medication within a legitimate physician-patient relationship. More than merely respecting the issues that would arise with regulating medical judgment, the approval process encourages pharmaceutical firms to seek a narrow approved use, at least initially, to minimize the delay and expense required to meet FDA standards. The FDA itself only rarely requires post-approval clinical trials, and their record for follow-up on such trials has been spotty. Furthermore, because the drug’s patent life is ticking away, there is a disincentive for investment in costly trials for broader uses for approved medications. Of course, the market could provide incentives for continuing research on approved drugs despite weak regulatory mandates. If doctors refused to prescribe a drug for an unapproved use or for a patient in a population in which the drug has not been tested unless rigorous clinical trials have been completed and published to support that prescription, the market incentives for post-approval testing would increase. What we know about the way that practicing physicians learn, however, shows that they are skeptical about clinical trials and place a higher trust in clinical experience. Doctors tend to look to the practices of their peers and respected opinion leaders for guidance, and it may be that the malpractice standards encourage that instinct. Furthermore, the current turmoil in the conduct and publication of clinical research may confirm professional skepticism. Studies of articles published in medical journals have consistently shown a correlation between the sponsorship of a clinical trial and its outcome. Published studies sponsored by industry are significantly more likely to have “pro-industry conclusions.” It’s not clear, though, why this is so. One might think that this pattern results from bias on the part of the researcher whose research is supported by a grant or contract from the manufacturer. But, bias in the published literature might result instead from the selectivity of pharmaceutical firms in funding only those clinical trials, say on an off-label use, that seem more likely than not to produce positive results. Or, the pattern may be an outcome of research contracts that give the sponsor the sole right to release the results. Or, it is possible that medical journals themselves contribute to bias in the literature by their own selection processes; for example, by rejecting articles reporting that a clinical trial failed to produce clearly positive or clearly negative results? Simply prohibiting industry support of post-approval clinical trials, however, is not a realistic option for improving the production of clinical research while public funding for post-approval research remains insignificant. Requiring pharmaceutical firms to pay for more clinical trials of off-label uses will confront the unresolved issue of bias in the results. Even if funding issues for post-approval clinical trials could be remedied, there is no miracle that will produce research that is both rigorous and instantaneous. Off-label prescribing is essential to the practice of medicine and the care of patients. In fact, it is unavoidable.
faculty view
by Sandra H. Johnson Professor of Law Professor Johnson has been working on the issue of off-label prescribing for a series of lectures she gave in 2006, including the inaugural FallonFriedlander Lecture in Health Law and Social Science at the University of Chicago Law School in May 2006, and for a forthcoming article in the Minnesota Journal of Law, Science, and Technology.
Sidney D. Watson Professor of Law
28 Saint Louis Brief Spring 2007
Spring 2007 Saint Louis Brief 29
asking our alumni
Life is full of questions. Lucky for us, our alumni come from all ends of the legal spectrum, giving us a strong pool from which to choose when we need thoughtful responses to some of the things that have been on our minds. This issue, we wanted to know what public service meant to you, our graduates. We liked what you had to say. Every issue we’ll pose a different question. At the bottom of the page, we’ve listed our next question. We invite you to send us your answers, and we’ll publish as many of your responses as we can.
What does
public mean service to you? 30 Saint Louis Brief Spring 2007
“
I believe that Public Service is both a duty and a privilege. I considered it an honor to have served Missourians as their Director of Revenue for almost five years, even though accepting the position required some personal inconvenience for my husband and me. I never regretted a minute of it. I also consider it a privilege to represent pro bono clients in my field, and I am proud that my firm strongly advocates and supports the duty of all of our attorneys to ‘give something back’ and to ‘do well’ by ‘doing good.’”
the presidency of two bar associations and a host of leadership roles in civic and charitable organizations. I value most my work on behalf of Legal Services of Eastern Missouri because this type of pro bono service is at the heart of what it means to be a lawyer.” Gerald R. Ortbals, ’66 Partner, Stinson, Morrison Hecker
“
Janette Lohman, ’81 Partner, Thompson Coburn LLP
“
A great honor and responsibility has been given to me. I have to do my best. I have tremendous power over peoples’ lives and have to use it as little as possible. Very few people have had the advantages that I have had. But for the grace of God, I might be on the other side of the benchstanding before someone with a black robe and looking for wisdom and compassion. My role is legalistic only. I have no authority to pass moral judgment on those who come before me. No one has a more interesting job than I have. I love what I do. I’m a very lucky guy.”
Beth Davis Kerry, ’87 Assistant Public Defender, State of Missouri, Eastern Capital Division
“
Judge Robert S. Cohen, ’71 Circuit Judge, 21st Judicial Circuit, State of Missouri
“
As a public defender for almost 20 years now, I often get the question, ‘How can you defend those people?’ I am standing up for the rights and humanity of everybody when I defend the lives and rights of people who are considered to be the least among us. I am filling a need in the world by defending the defenseless. In return, I am blessed with a most interesting life. I’m never bored and I know what I do has a purpose and a meaning that will continue long after I’ve finished. That’s what public service means to me.”
The legal profession is uniquely centered on public service. In my case, it translated into a stint as chief of staff to a Missouri Governor, a reformist candidacy for the U.S. Senate,
I am very fortunate to have been given the opportunity to serve the citizens of Missouri as a judge. It is both an awesome responsibility and a tremendous privilege. The judges I admire most take their job, but not themselves, very seriously. I try to emulate those judges and hope that in doing so, I am contributing to our system of justice and our community.” Colleen Dolan, ’84 Circuit Judge, 21st Judicial Circuit, State of Missouri
Next question: What makes a good leader? E-mail your answers to: brief@law.slu.edu. Keep answers to a maximum of ten sentences and include your name, title/position, company and year of graduation.
Spring 2007 Saint Louis Brief 31
alumni programs
alumni programs
alumni events Clayton, Missouri 03.07.07 ~ Cardwell’s
Throughout the year, the Office of Development and Alumni Relations hosts several alumni gatherings throughout the country. We’ve held alumni receptions in Chicago, Kansas City and Washington, D.C., as well as local luncheons. These events are an opportunity for School of Law alumni to reconnect with former classmates, faculty and friends.
Thank You Party 05.16.07 Alumni Class Agents and Student Organization Leaders were recently honored for their continued commitment to the School of Law. Nearly 150 students, alumni, faculty and staff mingled at a Thank You Party, hosted by Dean and Mrs. Lewis at their home.
Downtown, St. Louis 05.23.07 ~ Charlie Gitto’s
food for thought Last fall, the Dean’s Council suggested the creation of a program to help bring current students and alumni together. The program, “Food for Thought,” allows a small group of students to have lunch with a School of Law alum and discuss various employment or career-related topics in a relaxing setting. The Office of Development and Alumni Relations hosted five Food for Thought lunches over the past academic year, all with a great turnout and response. Charles Elbert, ’78, of Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP was the first speaker, and discussed alternatives to practicing at a large firm. Other speakers included John Halpern, ’79, Bill Bolster, ’98, Denny Donnelly, ’66 and Gary Eberhardt, ’71 (pictured left). Topics covered included the future of arbitration vs. litigation as well as maritime, real estate and corporate law.
For more information on alumni events, contact Dina Althardt at 314-977-3978 or check the back cover for the calendar of events.
For more information on how you can participate in the Food for Thought program, please contact Danielle Jacoby at 314-977-3303. We thank each of our participating alumni for their time and support of this worthy program. photo by Jay Fram
32 Saint Louis Brief Spring 2007
Spring 2007 Saint Louis Brief 33
alumni programs
Reunion 2007
1951
Robert L. Sweney has graduated from law practice and is now, in his own words, “a tennis junkie, traveler, watercolorist, granddaddy, attendant spouse and prolific reader ... concentrating on the art of hyperbole.”
Friday, September 28 – Sunday, September 30, 2007 2s and 7s — It’s time for your reunion! If you graduated in a class year ending in a 2 or a 7, it’s time to reunite! Reunion only comes around once every five years, so we hope you’ll attend! In addition to this year’s University-wide Homecoming events, the School of Law will be hosting events specifically for School of Law Alumni (indicated with an *).
1962
John M. Bray, senior partner at King & Spalding in Washington, D.C., was listed as one of the Top 100 Lawyers in the Washington, D.C., metropolitan area by Super Lawyers Magazine.
Friday, September 28 Family Day * Trivia Night *
photo by Dolan & Associates Photography
For more information on Reunion including airline, car and hotel information, please visit law.slu.edu/alumni/reunion or contact us at 314-977-3978 or by e-mail at alumni@law.slu.edu.
1967
Saturday, September 29 Homecoming Parade Cocktail Party, Dinner and Live Music * Men’s Soccer Game and Fireworks
David J. Hensler, senior partner at Hogan & Hartson in Washington, D.C., was listed as one of the Top 100 Lawyers in the Washington, D.C., metropolitan area by Super Lawyers Magazine.
Sunday, September 30 Mass at St. Francis Xavier College Church Golden Billiken Brunch
annual fund news We did it! We surpassed our fiscal year 2007 annual fund goal of $400,000. We’ve raised $437,140 as of June 8, but we aren’t stopping there. With your support we aim to extend our goal to $450,000. This would represent a 23% increase over what we raised last fiscal year. Alumni are a vital part of this success. Alumni contributions to the School of Law annual fund total $371,939 or 85% and make up 90% of the donors. The School of Law Annual Fund exists to encourage and recognize the loyalty and support of alumni and friends. Annual Fund gifts are unrestricted dollars that relieve some
34 Saint Louis Brief Spring 2007
of the burden on tuition and assist with the School’s daily needs. Specifically, in recent years, Annual Fund dollars have been used to off-set the cost of law journals and moot court competitions, acquire materials for the Law library, bring in visiting lecturers and recruit outstanding faculty. The Annual Fund supports all aspects of educating a student at Saint Louis University School of Law, focusing on programs that are crucial in enabling the School to provide the best education possible. To ensure that the School of Law continues to meet the exceptional academic standards students and alumni have come to expect, it is our hope that donors to the Annual Fund renew their gifts each year. By providing financial support to the Annual Fund each year, donors enrich the School of Law immeasurably. This generosity enables students to receive a learning experience of the highest quality.
class notes
from the archives the clock is still there ... Do you have a photo you want to share? Send us photos of your time at law school and it might be in the next issue of Saint Louis Brief. E-mail brief@law.slu.edu or mail to: Saint Louis Brief 3700 Lindell Blvd, QDH 320 St. Louis, MO 63108 Photos will be returned in a timely manner.
Thomas A. LeChien practices law in Belleville, Illinois, at the Law Office of LeChien and LeChien, Ltd. He was admitted to the bar of the United States Supreme Court on June 12, 2006.
1969
After 30 years on the trial bench in the City’s Circuit Court, Thomas C. Grady was elected Presiding Judge of the 22nd Judicial Circuit of the State of Missouri, having taken office January 2. Grady writes: “Since that time my fellow judges and I have been implementing a new, standardized docketing system which does away with the old central assignment systems and assigns cases at random to 18
Spring 2007 Saint Louis Brief 35
CL ASS notes
CL ASS notes
independent divisions for trials - criminal, civil, equity and so forth. We have extended our good will to Mayor Slay and are working with his administration to identify the age of confined cases by computer systems for more efficient resolution.” Charles Tigerman is practicing Intellectual Property Law in Los Angeles.
1971
Father Frank Bussmann was ordained a priest of the Diocese of Jefferson City, Missouri, on December 16, 2006. Douglas Jones has been appointed as a management representative to the LaborManagement Committee of the Building and Construction Trades Department of the AFLCIO in Washington, D.C. Jim Wollrab has just published his eighth novel, Russian Winter.
1975
Thomas C. DeVoto, managing partner of DeVoto and Benbenek, LLC, moved his office to Shrewsbury, Missouri. He was the recipient of the Lon O. Hocker Memorial Trial Lawyer Award, which is presented to the “Outstanding Young Trial Lawyer” in Missouri. Robert M. Lynch has joined the firm of DeVoto & Benbenek, LLC. He also teaches Business Law at Webster University in St. Louis. John J. Temporiti Sr. is now the chairman of the Missouri Democratic Party, and is employed with the Clayton,
36 Saint Louis Brief Spring 2007
Missouri, firm of Gallop, Johnson & Neuman.
Illinois, with a concentration in adoption law.
1976
1979
Larry Altman was honored on Friday, May 18, 2007, by the Annie Malone Children and Family Service Center as one of their child advocates of the year. Mark D. Hassakis of Hassakis & Hassakis, P.C. In Mt. Vernon, Illinois, has been elected third vice president of the Illinois State Bar Association. He will serve his term as president in 2010.
1977
Larry B. Grebel has been named to the Best Lawyers in America, and Super Lawyers magazine for 2007 for civil litigation. Patrick James Sheehan is currently practicing law in Springfield, Illinois. Joseph P. Thornton has joined the AMA as Editorial Counsel for the Journal of the American Medical Association and its family of specialty Archives Journal, and serves as Senior Division Counsel for AMA Publishing and Business Services.
1978
Esteban F. Sanchez was appointed Associate Circuit Judge in Springfield, Illinois. Mark Schuering was sworn in on Friday, June 1, 2007, as the president of the Illinois Judges Association. William J. Sheehan currently practices law in Springfield,
Sandra Ann Mears is the Judicial Executive Assistant to the Honorable Mary R. Russell, Judge of the Supreme Court of Missouri.
1982
Don Turbyfill has been elected Chair of the Exam Board for the Consumer and Commercial Law section of the Texas Board of Legal Specialization. He practices law in Houston, as a partner of Devlin, Naylor & Turbyfill, P.L.L.C.
1983
Elaine Bensavage coauthored a chapter on contested case preparation and strategy for the Oregon State Bar’s Oregon Administrative Law CLE publication. Mary Beth Moser Clary is currently serving as president of the Collier County Women’s Bar Association.
1984
Alf Langan is a solo practitioner with a general practice concentrating in family, criminal defense and tax resolution in Green Bay, Wisconsin. Mary Ann Shea was invited to present, “Open Your Eyes to Patient Safety” and “Effective Education Using Nontraditional Approaches,” at the International Council of Nurses Congress in Yokohama, Japan.
1985
Joseph Fred Benson, the Judicial Archivist at the Supreme Court of Missouri, published the lead article in volume 75 of the UMKC Law Review, “A Brief Legal History of Impeachment in Missouri” (2006). He will be receiving Semicha-Rabbinic Ordination in June. Thomas Magee has become a Fellow of the American College of Trial Lawyers and is a partner in the firm of Moser & Marsalek, P.C. in St. Louis. Bill Mudge is the state’s attorney in Madison County, Illinois. Teresa Tolle works as elected judge of County Criminal Court No. 4 in Dallas.
1986
Elaine L. LeChien practices law in Belleville, Illinois, at the Law Office of LeChien and LeChien, Ltd. She was admitted to the bar of the United States Supreme Court on June 12, 2006. Craig Adoor was voted into St. Louis Best Lawyers for 2007.
1988
Margaret Donnelly received the 2007 Guardian Angel Award from the Family Support Network.
1992
Scott L. Bernstein was elected in 2006 as Associate Judge in Crawford County, Missouri.
1994
Dr. Heidi Keschenat has recently been made partner in the law firm of Scharf, Kukatsch and Estrada.
1995
Brian C. Behrens has joined Carmody MacDonald P.C. as Principal with a concentration in corporate and business law, mergers and acquisitions, growth and venture companies and corporate finance. Brenda S. LeChien owns and operates Rutledge Builders, L.L.C. in Benton, Louisiana. She was admitted to the bar of the United States Supreme Court on June 12, 2006. Amy Thompson has been elected counsel of Bryan Cave LLP.
1996
Petra B. Schwartz works as a Children’s Court Attorney for the State of New Mexico and handles cases involving abused and neglected children. Sharon L. Steckler has relocated to Fort Worth, Texas, and works as the supervisory field attorney in Region 16 of the National Labor Relations Board.
1997
Micky Luna resides in St. Louis and works as Vice President of Human Resources for McBride and Son Companies, Inc. David P. Stoeberl has joined Carmody MacDonald P.C. as Principal with a
concentration in commercial disputes, bankruptcy and telecommunications.
1998
Randy L. Gori does toxic tort litigation at Goldenberg Heller Antognoli Rowland Short & Gori, P.C. in Edwardsville, Illinois. Amy Magness VanHoose is an associate at the law firm of Roberts Markel Bale, PC, in Houston, with a concentration in real estate, labor and employment law.
1999
2004
Stacey L. Meinen has opened her own general practice firm, the Law Office of Stacey L. Meinen, and specializes in traffic, DWI and family matters.
2005
Steven L. Harmon recently retired from the St. Louis Metropolitan Police Department and is a Municipal Court Prosecutor for the West County and North County Divisions in the Office of the St. Louis County Counselor.
Brad Stein is the Assistant General Counsel for Forestar Real Estate Group in Austin, Texas.
in memoriam
2001
Morris B. Chapman, 1942
Kara L. LeChien practices law in Belleville, Illinois, at the Law Office of LeChien and LeChien, Ltd. She was admitted to the bar of the United States Supreme Court on June 12, 2006.
Anthony Francis Gromacki, 1955
send us an update Moved lately? Changed your e-mail address? Have a new job? The Office of Development and Alumni Relations wants to hear your latest news and get updated information so we can keep you informed about School of Law events and news. Go to law.slu.edu/alumni and click “update my information.” You can also e-mail your class notes to brief@law.slu.edu or send a letter to: Saint Louis University School of Law Office of Development and Alumni Relations 3700 Lindell Blvd. Queen’s Daughters Hall St. Louis, MO 63108
Robert Francis Hellmann, 1973 Robert Shive, 1975 Sheryl Johnson, 1980
Jacob S. Wharton joined the law firm of Womble Carlyle Sandridge & Rice PLLC in Winston-Salem, North Carolina.
2002
Josh J. Reinert has joined Carmody MacDonald P.C. as an associate with a concentration in real estate, finance and corporate and commercial law.
Spring 2007 Saint Louis Brief 37
calendar of
events ’07–’08
August 5 Fall Degree Conferral 16–17
New Student Orientation
20 School of Law Classes Begin September 8 Class of 1948 Reunion Dinner 28
MOBAR Alumni Luncheon in Springfield, Missouri
Family Day at the School of Law School of Law Trivia Night (open to all alumni)
29
Reunion Cocktail Party, Dinner and Live Music
30
Reunion Golden Billiken Brunch
October 5 Annual Childress Lecture: 50th Anniversary of Cooper vs. Aaron
December 7 Alumni Reception in Chicago, Illinois
March 7
The Use and Misuse of History in U.S. Foreign Relations Law
April 3 Alumni Luncheon in Clayton, Missouri May 7 Alumni Luncheon in Downtown St. Louis photo by Jay Fram
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