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									T U L A N E U N I V E R S I T Y L AW S C H O O L




TULANE


L AW Y E R                                               VO L. 24 – N O. 1
                                                         SPRING/SUMMER 2006




                             R E C LA M AT I O N




                                                   THIS ISSUE
                                                   A N I N T E RV I E W W I T H
                                                   DEAN PONOROFF


                                                   WINDS OF CHANGE


                                                   A D AY T O R E M E M B E R
L AW R E N C E P O N O R O F F
DEAN

ANN SALZER
A S S I S TA N T D E A N

E L L E N J. B R I E R R E
D I R E C T O R O F A L U M N I A F FA I R S

J U D I RU S S E L L A N D A N N S A L Z E R
EDITORS

TA N A C O M A N
DESIGN

RICK OLIVIER
PHOTOGRAPHY

D E B R A H OW E L L
PRODUCTION



CONTRIBUTORS

H O F F M A N F U L L E R ( L’ 5 6 )
STEPHEN GRIFFIN
OLIVER HOUCK
JA N E J O H N S O N ( L’ 7 4 )
NICK MARINELLO
M A RY M O U T O N ( L’ 9 0 )
W E N DY B R OW N S C O T T
S TA C Y S E I C S H N AY D R E ( L’ 9 2 )
M A D E L I N E VA N N




T U L A N E L AW Y E R is published by the Tulane Law School and
is sent to the school’s alumni, faculty, staff and friends.

S E N D A D D R E S S C H A N G E S TO :
Alumni Development and Information Services,
3439 Prytania St., Ste. 400, New Orleans, LA 70115.

Tulane University is an Affirmative Action/Equal Employment Opportunity institution.
CONTENTS
2         R E C L A M AT I O N
          the nation’s g reatest disaster and moves forward
                                                                    Tulane Law School engages             On the cover: Porter Nolan (L’07)
                                                                                                          and Jason Hammer (L’07) volun-
                                                                                                          teer at Habitat for Humanity’s
                                                                                                          Musicians’ Village on an eight-acre
                                         7      STUDENT NOTEBOOK                                          tract in the Upper Ninth Ward. The
                                                TA K I N G T H E S TA G E B Y S T O R M                   Village will consist of 81 homes for
                                                                                                          displaced New Orleans musicians.
                                                HOSTING THEIR HOSTS
                                                                                                          Photography by Rick Olivier.
                                                VO L U N T E E R N E T WO R K B L O O M S
                                                L AW S T U D E N T W I N S N AT I O N A L O F F I C E


11        WHEN THE GOING GETS TOUGH...
          An inter view with Dean Lawrence Ponoroff

                                       16       N E W FA C U LT Y
                                                TA N I A T E T L OW
                                                GABE FELDMAN


18        WINDS OF CHANGE
          Faculty explore the legal aspects of disaster
                     C L I N I C B AT T L E S F O R R I G H T S O F I N D I G E N T P R I S O N E R S
                     STOP FEDERALISM BEFORE IT KILLS AGAIN
                     THE LOCAL LAND USE VETO: DEMOCRACY IN ACTION OR NIMBY?
                     T H E K AT R I N A N E X T T I M E


26        COMMENCEMENT 2006                                                          A day to remember

                                       28       IN MEMORIAM
                                                T R I B U T E T O A F R I E N D , D AV I D G E L FA N D
                                                REMEMBERING DAN POSIN
                                                E N D OW E D S C H O L A R S H I P H O N O R S
                                                W I L L I A M A. P O RT E O U S I I I
                                                REBEL WITH A CAUSE—DEAN JOHN KRAMER

                                       32       THE LAST WORD
                                                T H E I . D. A S A RT




SPRING/SUMMER 2006   T U L A N E L AW Y E R   VO L . 2 4 – N O. 1
                                         T U L A N E U N I V E R S I T Y L AW S C H O O L




                                                 R E C L A M AT I O N
                                                 T H E L AW S C H O O L C O M M U N I T Y
                                                 M O V E S B E Y O N D T H E W O E S O F K AT R I N A


                                                           riday, Aug. 26, was one of        Katrina, coupled with the devastating



                                                 F         those bright, sunny days New
                                                           Orleans is known for. As 302
                                                           1Ls wound down their first
                                                 week of classes, the Student Bar
                                                 Association finalized plans for its first
                                                                                             collapse of the New Orleans area’s
                                                                                             hurricane protection system, turned
                                                                                             what most thought would be a three-day
                                                                                             evacuation into a semester-long interrup-
                                                                                             tion in the carefully charted lives of the
                                                 “Bar Review” at the Goldmine Saloon         inhabitants of Weinmann Hall.
                                                 in the French Quarter for the 1,026 law        Once the waters began to drain, the
                                                 students enrolled at Tulane. By midafter-   administration, faculty, staff, students and
                                                 noon, though, news of an approaching        alumni got to work on the twofold job of
                                                 storm started to pop up on websites and     keeping the law school connected during        evacuate his family to safety. After the
                                                 email. A hurricane previously headed        the fall while planning for a reopening in     storm hit, Tulane University President
                                                 to Florida now seemed to be taking          January. The result of this hard work was      Scott Cowen summoned Ponoroff to
                                                 a path towards New Orleans. People          gratifying: 85 percent of the student body     Houston, where he assembled a team of
                                                 turned to the tracking map on the           returned, including two-thirds of the first-   top administrators and others to assess
                                                 National Hurricane Center’s website         year students, and the campus has been         the university’s situation and take quick
                                                 for more information, and the picture       energized by the struggle.                     action to get Tulane up and running.
                                                 wasn’t reassuring. Could this be the           Although their stories carry a com-         Ponoroff was named chairman of a task
                                                 catastrophic storm long predicted for       mon thread, each member of the law             force to work on the university’s academ-
                                                 the New Orleans area?                       school community played a unique and           ic plans for the spring semester.
                                                    Less than 72 hours later, the world      important role in the recovery effort.            Ponoroff asked Deputy Dean Gary
                                                 had changed for Tulane University,             Dean Lawrence Ponoroff’s first reac-        Roberts to come to Houston to aid him
                                                 southeast Louisiana and the Mississippi     tion to the news that a major hurricane        in constructing the law school’s spring
                                                 Gulf Coast. The wrath of Hurricane          was taking aim at New Orleans was to           semester. Through e-mails and confer-
                                                                                                                                            ence calls with faculty, Roberts devised
                                                                                                                                            a comprehensive schedule that included
                                                                                                                                            the core courses usually taught in the fall
                                                 O N C E T H E WAT E R S B E G A N T O D R A I N , T H E                                    semester plus the spring course offerings.
                                                                                                                                               Ponoroff faced a pressing communi-
                                                 A D M I N I S T R AT I O N , FA C U L T Y, S T A F F, S T U D E N T S
                                                                                                                                            cation challenge. He needed a way to
T U L A N E L AWYER SPRING/SUMMER 2006




                                                 A N D A L U M N I G OT TO WO R K O N T H E T WO F O L D J O B                              tie together 1,000 students, 50 faculty
                                                 O F K E E P I N G T H E L AW S C H O O L C O N N E C T E D D U R -                         members and 150 staff. Dean Frank
                                                                                                                                            Alexander of Emory University School
                                                 I N G T H E FA L L W H I L E P L A N N I N G F O R A R E O P E N I N G
                                                                                                                                            of Law gave Tulane Law School a
                                                 I N J A N U A RY. T H E R E S U L T O F T H I S H A R D W O R K                            presence on its web server, and within
                                                 WA S G R AT I F Y I N G : 8 5 P E R C E N T O F T H E S T U D E N T                        24 hours, 750 people had registered.
                                                 B O DY R E T U R N E D, I N C L U D I N G T WO - T H I R D S O F T H E
                                                                                                                                               Many of those were students looking
                                                                                                                                            for advice as they scrambled to figure
                                                 F I R S T- Y E A R S T U D E N T S , A N D T H E C A M P U S H A S
                                                                                                                                            out their next moves. Ponoroff advised
                                                 BEEN ENERGIZED BY THE STRUGGLE.                                                            1Ls to seek internships or jobs rather

2
                                                                                                 There’s no shortage of opportunities
                                                                                                 to get involved in the recovery of
                                                                                                 New Orleans. Students get hands-on
                                                                                                 experience rebuilding neighbor-
                                                                                                 hoods and court systems and
                                                                                                 shaping urban planning policies.
                                                                                                 Photograph by Ron Calamia.




than enroll in law classes elsewhere.         roof and broken windows. The first,           another, which is an important part of
    “The 1L experience is unique, and         fifth and sixth floors had to be recarpet-    the Tulane Law School experience.
part of that is going through it with your    ed, 450 chairs in first- and second-floor        Alumni in New York, Los Angeles,
classmates,” says Ponoroff. He assured        classrooms were replaced and damp             Atlanta, Chicago, Houston and Baton
them that come January, they could            and moldy sheetrock in the dean’s suite       Rouge also held firm-sponsored recep-
begin a “compressed” first year that          had to be replaced.                           tions, Brierre says, as well as donated
would run from January through June                                                         laptops, secured internships with their
and get them back on track to begin their     ALUMS STEP UP                                 firms and simply came to the rescue of
second year. Second- and third-year stu-                  llen Brierre, director of         students scattered across the country.
dents were encouraged to visit at other
law schools until they could return to
Tulane. Law schools all over the country
reached out to these students, accepting
                                              E           alumni affairs, says she was-
                                                          n’t surprised at the outpouring
                                                          of help the alumni provided
                                              in the wake of the hurricane. Numerous
                                                                                            NOT BUSINESS
                                                                                            A S U S UA L
                                                                                                          atrina couldn’t have hit at
them into their programs without tran-
scripts or test scores. Nearly 700 Tulane
students attended 120 schools in 40
states, Washington, DC, Puerto Rico,
Canada and England.
                                              alums contacted her and other colleagues
                                              in her department to ask what they
                                              could do to help.
                                                 Typical were Bryant Gardner (L
                                              and Heather Hodges (L
                                                                                    ’00)
                                                                       ’01), chair and
                                                                                            K             a worse time for the law
                                                                                                          school’s admission recruit-
                                                                                                          ment effort, which heats
                                                                                            up right after Labor Day and continues
                                                                                            through Thanksgiving. After the storm,
    “The compressed first year plan has       vice chair respectively of the alumni         associate dean Susan Krinsky realized
gone remarkably well,” Ponoroff says.         group in Washington, DC. The two              her admission and career development
                                                                                                                                          SPRING/SUMMER 2006 T U L A N E L AW YE R




“The coursework was demanding and             assembled a list of Tulane students who       staff had relocated to 15 different states,
very intense, but students remained           had been displaced to the DC area and         and most of her recruitment materials
upbeat and positive, and the small facul-     quickly assessed their needs. Housing,        were at the shuttered Tulane campus.
ty-student ratio made for an intimate         clothing and jobs topped the list, Hodges     Krinsky set up shop in Newton, Pa., the
academic experience.”                         says, and alumni were called upon to          location of the Law School Admission
    The law school also faced repairing       help. They also held a reception at which     Council, which offered her a home base.
damage caused by Katrina’s wind and           Ponoroff answered questions via phone.        Despite the obstacles, the team managed
rain. Although John Giffen Weinmann              “We wanted to reassure them,”              to attend every scheduled admission
Hall did not sustain street-level flooding,   Hodges says. The reception also gave          recruitment event but one.
it took on quite a bit of water through the   students a chance to bond with one               “We knew our only option was to

                                                                                                                                             3
                                                                                                                                                   some hotels that hosted recruiting events
                                                                                                                                                   and employers are still closed or have
                                         L A W S C H O O L S A L L O V E R T H E C O U N T RY R E A C H E D O U T
                                                                                                                                                   limited capacity.
                                         TO THESE STUDENTS, ACCEPTING THEM INTO THEIR PROGRAMS                                                         The landscape of the New Orleans
                                         W I T H O U T T R A N S C R I P T S O R T E S T S C O R E S . N E A R LY 7 0 0 T U L A N E                legal market is also changing. Some prac-
                                                                                                                                                   tice areas are experiencing growth, like
                                         L AW S T U D E N T S AT T E N D E D 1 2 0 S C H O O L S I N 4 0 S TAT E S ,
                                                                                                                                                   insurance, but others are not, like family
                                         WA S H I N G T O N , D C , P U E R T O R I C O , C A N A D A A N D E N G L A N D.                         law. For the 30 percent of graduates who
                                                                                                                                                   usually stay in New Orleans, job oppor-
                                                                                                                                                   tunities may not be the same. Therefore,
                                                       recruit a fall class,” Krinsky says, but        Many organizations aided in the             it is essential for alumni practicing in
                                                       it occurred to her that there might be       effort. For example, the U.S. Department       the region to alert the CDO about market
                                                       students interested in starting in January   of Justice created paid fall clerkships for    trends and jobs for Tulane graduates.
                                                       for the compressed first year. With an       displaced students; the Federal Reserve            “Alumni are our focus,” Dávila-
                                                       announcement only on the temporary           Bank in New York created paid intern-          Caballero says. “They will become the
                                                       website, the law school received 100         ships with corporations in the greater         pillar in the support structure. More than
                                                       applications. “We took 20, and 90 per-       New York City area, and 14 1Ls, 2Ls            ever, we need their presence here.”
                                                       cent accepted. They all genuinely wanted     and 3Ls found themselves with jobs
                                                       to be here in New Orleans and witness        in Hawaii thanks to an attorney’s web          FLOODED WITH
                                                       this [rebuilding].”                          posting for “one” intern.                      QUESTIONS
                                                           Fall is also an extremely busy time         Heather Heilman (L   ’08) spent her first          n the chaotic days after the flood-
                                                       for the Career Development Office
                                                       (CDO). Director Carlos Dávila-Caballero
                                                       says that traditionally, about 140 employ-
                                                       ers come to New Orleans during the
                                                       fall to recruit. Once Katrina hit, Dávila-
                                                                                                    law school semester as an intern with the
                                                                                                    Department of Justice. From September
                                                                                                    through December she helped department
                                                                                                    lawyers with research but she also had the
                                                                                                    chance to sit in on a few trials. She says,
                                                                                                                                                   I      ing, displaced students were eager
                                                                                                                                                          for news from the law school.
                                                                                                                                                          Tondra Netherton, dean of students,
                                                                                                                                                   posted her contact information on the
                                                                                                                                                   Emory website and received hundreds
                                                       Caballero and his staff had to come up       “It was an amazing experience.”                of messages within minutes. Questions
                                                       with “Plan B”—rescheduling interviews           The spring interview season afforded        ranged from “What should I do about my
                                                       until spring, contacting students visiting   the opportunity to hold interviews with        health insurance?” to “Where can I find
                                                       at other law schools with recruiting         Gulf Coast employers at the law school,        a school that can accommodate my dis-
                                                       employers, and developing or communi-        Dávila-Caballero says. In fact, interviews     ability?” Colleen Timmons, director of
                                                       cating opportunities for displaced           for the upcoming fall season will take         academic services, answered questions
                                                       students across the country.                 place in Weinmann Hall as well, since          about whether courses taken at other law
T U L A N E L AWYER SPRING/SUMMER 2006




                                                            The Appellate Moot Court Room, the
                                                            largest lecture space in Weinmann
                                                            Hall, was completely refurbished with
                                                            new drapes, chairs and carpeting.




4
                                                                                                               All six floors of
                                                                                                               Weinmann Hall includ-
                                                                                                               ing the Law Library
                                                                                                               underwent a thorough
                                                                                                               decontamination
                                                                                                               process after the
                                                                                                               storm. Photograph
                                                                                                               by Kim Glorioso.




schools would satisfy the requirements        issues, actions against insurance compa-       The city’s music scene is legendary, and
of Tulane certificate programs and how        nies, bankruptcy filings, disability claims,   getting the local musicians back was
to convert quarter hour credits to semes-     succession, jury pool challenges and           vital to the city’s recovery, and Steinberg
ter hours. Questions about scholarships,      small business issues. Students volun-         says he was happy to do all he could.
loans and grants also abounded, and           teered with individual attorneys, legal           Some students did their volunteer
the university’s entire financial aid         service providers and nonprofits.              work while attending law school away.
department was brought to Houston to             Some students worked with organiza-         Stephen Miles (L’06), who spent the fall
sort out the financial implications of        tions the law school has aided in the          semester at the University of Alabama
the cancelled fall semester. Georgia          past, such as the ACLU, AIDSLaw, New           Law School in Tuscaloosa, worked at
Whiddon, director of law financial aid,       Orleans Legal Assistance Corp., the City       a FEMA Disaster Recovery Center
dealt with these complications on             Attorney’s Office, Federal Public Defen-       there to help displaced New Orleanians
virtually a student-by-student basis.         ders and the Immigration and Refugee           handle legal issues. Miles says he thinks
   Tulane students received an “incredi-      Service of Associated Catholic Charities.      he was actually of more help out of the
ble outpouring of support,” Netherton            Others contributed pro bono hours           city than he would have been here in
says; some universities offered free          to organizations that arose in response to     New Orleans because so many evacuees
housing, free books, credit at bookstores,    Katrina, such as Common Ground, which          sought legal advice.
and gift certificates.                        provides screening, referral and legal            Jackson says the total number of pro
   To help students stay in the loop,         advice to the underserved members of           bono hours hit 12,814—an impressive
Ashley Hugunine, president of the             the metropolitan community; Second             achievement in view of the fact that so
student bar association, formed a Student-    Wind, an advocacy group focusing on            many students were still dealing with
Administration Task Force so students and     small businesses; and the Louisiana            fallout from the storm in their own per-
administrators could talk about plans for     Leadership Initiative, which focuses on        sonal lives. Thanks also goes to the many
spring and keep the law school community      rebuilding proposals.                          lawyers supervising the students, espe-
informed about progress at the university.       Joseph Steinberg (L  ’06) volunteered       cially alumni, who make the pro bono
                                              to work with the Entertainment Law             program possible.
                                                                                                                                           SPRING/SUMMER 2006 T U L A N E L AW YE R




GIVING                                        Legal Advice organization, which helps            Now that the law school has rebound-
SOMETHING BACK                                local musicians deal with such legal           ed, Ponoroff envisions a school that
          ince 1987, community service        issues as intellectual property rights.        may be smaller but stronger for having



S         has been a requirement for all
          JD students at Tulane Law
          School. After Katrina, this aid
became even more important, says Julie
Jackson, assistant dean for public interest
                                              ELLA’s office was flooded, so the organ-
                                              ization set up shop on top of Tipitina’s.
                                              Steinberg says because of the chaos
                                              caused by Katrina, volunteers like him
                                              ended up going beyond researching
                                                                                             endured this crisis. The emphasis is on
                                                                                             maintaining high academic standards and
                                                                                             diversity in the student body. Katrina has
                                                                                             provided an opportunity for Tulane, like
                                                                                             many other New Orleans institutions,
programs. The hurricane led to myriad         property rights to helping musicians find      to take stock of its strengths and plan
legal problems, including landlord/tenant     used instruments or deal with FEMA.            for a post-Katrina world.

                                                                                                                                              5
                                         FA C U LT Y M O B I L I Z E                 bond and offering help to students who          All faculty leaves and sabbaticals
                                         I N A F T E R M AT H                        had been forced to flee New Orleans          were canceled, Griffin says. Almost
                                                                                     after only the first week of classes.        every faculty member taught during the
                                                       s with many along the            The emergency website hosted by           spring semester and most taught well



                                         A             Gulf Coast, members of
                                                       the Tulane Law School
                                                       faculty found themselves
                                         faced with a wide array of problems.
                                         Professors and their families were scat-
                                                                                     Emory allowed information to begin to
                                                                                     flow within the Tulane law community,
                                                                                     says Griffin. “We learned that Weinmann
                                                                                     Hall had not flooded,” he says, which
                                                                                     was very reassuring. Dean Ponoroff
                                                                                                                                  into the summer. But the action was
                                                                                                                                  cathartic for many. “It felt better coming
                                                                                                                                  back to work,” he says.
                                                                                                                                     Housing was a major issue for
                                                                                                                                  many students and Dean Ponoroff
                                         tered across the country, and many were     communicated regularly through the           asked Professor Stacy Seicshnaydre and
                                         uncertain about the condition of their      website and conference calls. That           some of her colleagues to help Tulane
                                                                                                                                  students handle landlord/tenant problems
                                                                                                                                  and disputes. Between October and
                                                                                                                                  December, they screened 451 student
                                                                                                                                  emails and referred 207 of them to local
                                                                                                                                  lawyers who volunteered to help with
                                                                                                                                  housing questions.
                                                                                                                                     “A lot of students just didn’t
                                                                                          Professors Catherine                    know what their obligations were,”
                                                                                          Hancock (left) and                      Seicshnaydre says. Some were unable to
                                                                                          Stephen Griffin                         contact their landlords, while others were
                                                                                          (below) cross paths                     concerned their landlords were throwing
                                                                                          with students in the                    their property away.
                                                                                          final days of the                          Seicshnaydre also helped the univer-
                                                                                          extended school year..                  sity monitor bills related to landlord/
                                                                                                                                  tenant issues that were introduced in the
                                                                                                                                  Louisiana Legislature’s special session
                                         own homes as they made arrangements                                                      and contributed to a report issued by
                                         to get their children into schools and                                                   Mayor Ray Nagin’s Bring New Orleans
                                         other necessary tasks of day-to-day life.                                                Back Commission.
                                         Cellphones and e-mail that were based                                                       Professor Brooke Overby recalls
                                         in or routed through New Orleans were                                                    the strangeness of returning to New
                                         knocked out, so communicating with                                                       Orleans two months after the hurricane.
                                         family, friends and colleagues was at                                                    “Only a few grocery stores were open,”
                                         first nearly impossible. Beyond that,                                                    she says. “There was an incredible
                                         almost everyone shared the growing                                                       amount of uncertainty.” But like
                                         awareness that it would take months of                                                   Griffin, she felt that getting back to
                                         hard work to even begin to see normalcy                                                  work was therapeutic. Once the spring
                                         return to their lives and work.                                                          semester began, she and several others
                                            Even so, faculty members pulled                                                       formed a Student Outreach Committee
                                         together and despite many personal                                                       to help students looking for communi-
                                         challenges, helped guide law students                                                    ty- and legal-service opportunities.
T U L A N E L AWYER SPRING/SUMMER 2006




                                         through the chaotic post-Katrina period     helped to rally the troops, Griffin says.    It was a stressful time for students,
                                         to start classes in January.                   As New Orleans reopened, faculty          Overby says, yet they rose to the occa-
                                            Vice Dean Stephen Griffin, who           returned to assess their homes, their cam-   sion, helping others in the community.
                                         lives just outside of New Orleans in        pus and their city. “There was so much          By mid-February, things seemed to
                                         Mandeville, says displaced faculty mem-     work to be done,” Griffin says. Five pro-    be returning to normal, although some
                                         bers began quickly to find each other.      fessors had to cope with totally destroyed   faculty members still had spouses work-
                                         Some were in Louisiana, and others          homes, while others began to remove          ing in other cities. All in all, says Griffin,
                                         had clustered in Atlanta, Charleston,       what possessions they could from their       the actions by the faculty not only went
                                         Washington, DC, New York and Boston,        wind- and water-damaged houses. All the      a long way toward getting the law school
                                         among other cities. From these outposts,    while, everyone was gearing up for the       up and running, they reinforced the law
                                         they contacted law school students in       unusual January term, preparing syllabi      school’s connection to its students and
6                                        their areas, re-establishing the Tulane     and placing book orders.                     to its community.
STUDENT NOTEBOOK




                                                                                         Scenes from Katrina Stories:
                                                                                         Left: Playwright Mary Nagle
                                                                                         (center) with Jeffrey Levine
                                                                                         (L’07) and Mary Reichert (L’08).
                                                                                         Right: Professor Oliver Houck.




TA K I N G T H E S TA G E B Y S T O R M
           retend you’re a 1L again.          a number of law school faculty and            of hope and opportunity for the institu-



P          Remember how great it felt to
           finish your first week of class?
           Imagine now having to evacu-
ate before Hurricane Katrina, finding out
your first semester is canceled, and learn-
                                              administrators, Professors Oliver Houck
                                              and Jancy Hoeffel portray themselves.
                                                 Dean Larry Ponoroff was impressed.
                                              “Somehow, in the course of 90 minutes,
                                              the students managed to capture the
                                                                                            tion and our city.”
                                                                                               Tulane alumni are depicted as generous-
                                                                                            ly buying business suits for students,
                                                                                            hosting receptions at their law firms and
                                                                                            looking out for the fledgling barristers
ing that New Orleans has fallen victim        power, the fear and the enormity of           temporarily housed across the country.
to floods, fire and looting.                  this horrible tragedy,” Ponoroff says.           While Katrina Stories tells of dis-
   This true-life scenario has been deftly    “Yet, they did so in a manner that ulti-      placement and uncertainty, it is ultimate-
reimagined in Katrina Stories, a play         mately redeemed faith in basic human          ly about being grounded and supported
created and produced by Mary Nagle,           kindness and sent a positive message          in difficult times.
a first-year law student.
   The idea came to Nagle after watching
the drama in New Orleans unravel on
                                                   You have to remember that New Orleans isn’t the Superdome, it isn’t the French Quarter,
CNN. “I was talking to Professor [Oliver]
                                                   it isn’t the Garden District. Right now, all of those physical structures remain empty and
Houck and he thought a play would be
                                                   hold little meaning because their inhabitants are elsewhere. Like beads from a Mardi
a good way to bring students together
                                                   Gras parade, New Orleans has been scattered all over the U.S. in these past few weeks.
to digest what was happening,” Nagle
said. As an undergraduate at Georgetown            New Orleans is a dude from Gentilly who went to Brother Martin and
University, Nagle majored in justice and           can’t wait to get back home.
peace studies and was actively involved            New Orleans is a woman from Treme, sitting in a shelter in Baton Rouge,
in theatrical productions.                         waiting to get back home.
   “Acting comes naturally for a lot of            New Orleans is a teenager from Uptown, missing her senior year at Dominican,
law students, Nagle says. “So much                 waiting to get back home.
of practicing law involves presentation
                                                   New Orleans is a group of guys from the Bywater who play trumpets,
and performance.”
                                                                                                                                                   SPRING/SUMMER 2006 T U L A N E L AW YE R




                                                   trombones and tubas, who are waiting to get back home.
   The cast includes 14 students—
different characters all telling the same          New Orleans is a couple several months away from retirement from Lakewood South
story at the same time but from different          waiting to get back home.
perspectives. “None of it is my own                New Orleans is a Mardi Gras Indian who lives in Central City waiting to get back home.
writing,” Nagle explains. “It’s compiled           New Orleans is an architect from Uptown who wants to get back home.
from student diaries, interviews and news          New Orleans is a housewife from Gert Town waiting to get back home.
clippings.” All of it is true, she adds.
                                                   New Orleans is a group of police officers and firemen from the Lower Ninth Ward
   The 90-minute program dramatically
                                                   waiting to get back home.
recounts the experiences of displaced law
students, from listening to storm warn-            New Orleans is a group of law students, scattered all across the country, separated and
ings to evacuating to uncertainty. Lots            wandering aimlessly, awaiting the day they can return to their blessed Crescent City.
of uncertainty. While students portray             New Orleans is you and me.                                      —Excerpt from Katrina Stories      7
STUDENT NOTEBOOK




Organizers Ashley                                                                                              public schools in Orleans Parish.
Hugunine (L’06) and                                                                                               Adam Cohen, president of the student
Kathlyn Perez (L’06)                                                                                           bar association at American University,
planned the weekend                                                                                            had seen images of the devastation on
program while attending                                                                                        television. But when Cohen saw the dam-
fall classes at Duke and                                                                                       age in New Orleans up close, he could
the University of Texas,                                                                                       hardly believe his eyes.
respectively.                                                                                                     “The images were eerily similar, but
                                                                                                               one still couldn’t imagine a similar level
                                                                                                               of devastation on American soil,” says
                                                                                                               Cohen. “Seeing it firsthand is an experi-
                                                                                                               ence I will always treasure. It reminded
                                                                                                               me that no one is immune from the
                                                                                                               wrath of nature, and that we must all do
                                                                                                               our part in the wake of tragedy.”
HOSTING THEIR HOSTS                                                                                               For Josh Cooper, student services coor-
                                                                                                               dinator at Boston University Law School,




                  C
                                 all it southern hospitality     Bar Association. Hugunine and 3L              the reunion provided an opportunity to
                                 or simply the desire to repay   Kathlyn Perez contacted law schools           learn. “My favorite part of the weekend
                                 a kindness. Or maybe it was     across the country in October to test         was seeing many of the Tulane students
                                 triggered by a deeper need-     their interest in such an event. The          who spent the fall semester at BU Law,”
                  to continue a shared experience during         response was overwhelming.                    says Cooper. “Spending time with them
                  a time of crisis. In any case, more than          More than 20 schools participated in       in New Orleans, where they were meant
                  100 law students and administrators who        the two-day program on post-Katrina           to be all along, and still finding time to
                  played host to Tulane Law students last        New Orleans, which also included some         thank me for just doing my job could not
                  fall took advantage of the invitation to       socializing and local food and music. The     have been a more rewarding experience.”
                  come to New Orleans to participate in a        weekend began with a panel discussion            The weekend was funded by dona-
                  weekend entitled “Pro Bono Publico: An         by area elected officials. The guests heard   tions from law firms and corporate
                  Expression of Gratitude and Renewal,”          true stories of heroic rescues and also       donors from around the country, gath-
                  a series of events designed to educate         of missteps, bureaucracy and frustrations     ered by Hugunine and Perez, both with
                  participants about the issues facing New       over levees, rebuilding and race rela-        ties to the area.
                  Orleans through a panel discussion, bus        tions—firsthand accounts that are shared         Many of the guest students were so
                  tour and community service project.            only in New Orleans. The next morning,        moved by the issues facing post-Katrina
                     “We wanted to thank these institutions      the group toured some of the hardest hit      New Orleans that they have created
                  and give them an insider’s experience          parts of Orleans and St. Bernard parishes     their own projects to help. American
                  of the city,” explains Ashley Hugunine,        before pitching in to help. Volunteers        University set up an Internet form letter
                  president of Tulane Law School’s Student       spent the afternoon painting three            (https://www.wcl.american.edu/sba/




                                                                                                                                  Like so many visitors
                                                                                                                                  to New Orleans since
                                                                                                                                  the storm, program
                                                                                                                                  participants pitch in to
                                                                                                                                  help with the recovery.
              congress.cfm) and a booth at the school         Students from Villanova Law School
              to facilitate letters of support.            returned to New Orleans to volunteer
                 Students from Northwestern Law            during spring break. According to
              School stayed a few extra days to            Hugunine, even those law schools
              volunteer. Annie Wallis, originally from     that were unable to participate in the
              Beaumont, Texas, knew the potential          weekend’s events planned their own            Above: Students from Fordham University
              force of hurricanes. She and other           volunteer trips to New Orleans.               School of Law took inventories at residential
              Northwestern students returned to               “What has been most rewarding              sites scheduled for demolition without proper
              Chicago and initiated a fundraising drive    have been the e-mails in these days after-    notification to homeowners. Their work
              to provide school supplies for schools in    wards to see what students are taking         helped ensure that homeowners would be
              Plaquemines and St. Bernard parishes.        back across the country,” Hugunine says.      allowed their due-process rights.

                                                                                                         Left: Student Hurricane Network organizer
                                                                                                         Morgan Williams (L’07) received the 2006
                                                                                                         Tulane Crest Award for Service & Leadership.




                                                                                                         in jail without representation.
                                                                                                            “Some have been in prison since
                                                                                                         Katrina, longer than the maximum possi-
                                                                                                         ble sentence for which they are charged,”
                                                                                                         explains Williams. He is working with
                                                                                                         Tulane Criminal Law Clinic Director
                                                                                                         Pamela Metzger, who was appointed by
RON CALAMIA




                                                                                                         the criminal court system to sort out the
                                                                                                         population of defendants serving time
                                                                                                         since Katrina.
                                                                                                            “The Student Hurricane Network sup-
                                                                                                         port has been invaluable,” Metzger says.
              S T U D E N T VO L U N T E E R                                                             “Students both in the Tulane Criminal
                                                                                                         Law Clinic and in the network performed
              NETWORK BLOOMS                                                                             the backbone of our efforts to guarantee
                                                                                                         all defendants their constitutional rights




              H
                             undreds of law students        administrators dedicated to assisting        regardless of their income.”
                             have converged on the Gulf     the hurricane relief effort. Over winter        The Student Hurricane Network has
                             Coast since Hurricane          break, 240 law students from 50 schools      plans for a busy summer, too. Williams
                             Katrina, all coordinated by    volunteered their legal skills. Students     says the network plans to continue to
                                                                                                                                                         SPRING/SUMMER 2006 T U L A N E L AW YE R




              a network founded by Tulane Law stu-          worked with more than 18 public interest     support nonprofits and hopes to schedule
              dents. The Student Hurricane Network          organizations to conduct massive intake      a conference in Washington, DC, to
              was formed shortly after the storm to         interviews and research. They assisted       further unify.
              support Katrina legal aid groups and          with projects involving criminal justice,       The volunteers are not discouraged
              monitor the rebuilding process.               housing, immigrant labor and FEMA            by the overwhelming amount of need.
                 “The legal problems are amazing.           claims. During spring break, another 700     “The crisis continues,” says Williams.
              People don’t understand the magnitude,”       volunteers arrived to work in 23 different   “Residents and evacuees are trying to put
              says co-founder Morgan Williams, a 2L         cities along the Gulf Coast.                 their lives together in a broken system
              native New Orleanian.                            A major undertaking is “Project           with unimaginable obstacles every step
                 In just a matter of months, the Student    Triage,” an effort to alleviate the          of the way. We are here to help.”
              Hurricane Network had grown into a            public-defender crisis in Orleans Parish,       For more information visit http://
              national organization of law students and     where thousands of people remain             studenthurricanenetwork.org.                       9
                                         STUDENT NOTEBOOK




                                              L AW S T U D E N T W I N S
                                              N AT I O N A L O F F I C E

                                                          ulane law student Michael         facilitate law students who want to



                                              T           DePetrillo is the new leader of
                                                          the American Bar Association
                                                          Law Student Division. His
                                              role in this national office puts him in a
                                              position to help the city in its recovery.
                                                                                            come to the area to help out by offering
                                                                                            free legal assistance and advice.
                                                                                               “Personally, I think there is a lot of
                                                                                            energy and momentum, as law students
                                                                                            want to be active in this part of the
                                                 As chair, DePetrillo will lead the         country,” he says.
                                              student division and serve as a spokes-          As chair of the student division,
                                              person for the nation’s more than 50,000      DePetrillo says he also will remain
                                              law students. When he takes office in         focused on another issue that he has
                                              August, however, DePetrillo says he           pursued as a delegate—loan repayment.
                                              won’t lose sight of the issues playing        “We have been working on loan repay-
                                              out close to home.                            ment for law students at the federal level
                                                 “One of my top initiatives will be         and are trying to expand it to the state
                                              to continue the focus that law students       level,” he says. In early May, DePetrillo
                                              have had on the recovery of this              traveled to Washington, DC, to lobby




                                                                                                                       While he was in Washington,
                                                                                                                       DC, recently to lobby before
                                                                                                                       Congress on behalf of students,
                                                                                                                       DePetrillo met Supreme Court
                                                                                                                       Justice Ruth Bader Ginsburg.
T U L A N E L AWYER SPRING/SUMMER 2006




                                              region,” says DePetrillo, who has             before Congress regarding an increase
                                                                                                                                                         P O R T R A I T B Y PA U L A B U R C H - C E L E N TA N O




                                              served in the ABA Student Division            in the amount of Stafford loans given
                                                                                                                                                         T U L A N E U N I V E R S I T Y P U B L I C AT I O N S




                                              House of Delegates since entering             to law students.
                                              law school in 2004. “We have had a               DePetrillo says he can see himself
                                              tremendous outpouring of support and          getting into politics eventually. A native
                                              have been a clearinghouse for what            New Yorker, he hasn't decided if he will
                                              students are doing.”                          remain in New Orleans after his gradua-
                                                 According to DePetrillo, law schools       tion in 2007, but “staying is an option,
                                              around the country have sent more than        particularly now. I like being involved
                                              $300,000 in student-raised funds to the       in the community effort. There is no
                                              area. He says he will be involved in the      better place to be than in New Orleans
10                                            Hurricane Network and other groups to         and Louisiana.”
W
WH E N T H E G O I N G G E T S TO UG H . . .
        D E A N L AW R E N C E P O N O R O F F D I S C U S S E S A L U M N I, S T U D E N T S,
        FA C U LT Y A N D F R I E N D S W H O “ G O T G O I N G ” I N R E S P O N S E
        T O T H E H I T D E L I V E R E D B Y H U R R I C A N E K AT R I N A.

        Typically, commencement at Tulane
        Law School signals a new cycle in
                                                   one of a handful of administrators
                                                   who was called to Houston, Texas,
        the academic world that sees faculty       in the days and weeks immediately
        and students disperse to pursue            following the storm to help in
        academic and other opportunities           devising a universtywide plan for
        across the country and, indeed,            recovery. Here, Ponoroff tells what
                                                                                                 SPRING/SUMMER 2006 T U L A N E L AW YE R



        across the globe. This year, however,      recovery means for the law school.




                                            QA
        the law school is operating at full
        speed, as 1Ls and 2Ls make up              T U L A N E LAWY E R : It’s been a pretty
        for time lost during an extended           amazing year. How has Tulane Law
        semester that will reach well into         School fared during the months after
        the summer. It was toward the end          Hurricane Katrina?
        of this unprecedented semester that
        Dean Lawrence Ponoroff sat down            L A R RY P O N O R O F F : Despite the
        with Tulane Lawyer to discuss              disruptive impact of what we went
        the state of the law school after          through—and are still going through—
        Hurricane Katrina. Ponoroff was            this crisis also presents an opportunity
                                                                                                 11
                                                                                                                                                        Our clinics have always served a dual
                                                                                                                                                        role. One is providing a unique applied
                                                                                                                                                        educational opportunity for our students.
                                                                                                                                                        The other is providing a public service
                                                                                                                                                        by in effect subsidizing the resources
                                                                                                                                                        available to support indigent populations
                                                                                                                                                        who otherwise have no access to the
                                                                                                                                                        justice system. In an environment where
                                                                                                                                                        those resources have now diminished
                                                                                                                                                        appreciably, our clinics are playing an
                                                                                                                                                        even larger role in offering guidance,
                                                                                                                                                        support and representation to indigent
                                                                                                                                                        populations in the city dealing with post-
                                                                                                                                                        Katrina issues. And that includes the
                                                                                                                                                        criminal law clinic, because the public
                                                                                                                                                        defender system has been basically
                                                                                                                                                        eviscerated; the domestic violence clinic,
                                                                                                                                                        because studies have shown an increase
                                         The last class of the fall semester was held on Friday, Aug. 26. Four and a half months later, students were   of domestic violence after any kind
                                         welcomed back on Monday, Jan. 9, 2006, for the start of spring classes.                                        of crisis; and the civil litigation clinic,
                                                                                                                                                        because indigent people are dealing with
                                                                                                                                                        housing, insurance, and FEMA issues.
                                                   for the institution to focus on its values            form to continue building on quality. To       And there are environmental questions
                                                   and priorities, and really seize control              that end we have put in place a strategic      that are hitting the front page all the
                                                   over its direction in the future. I think             planning committee that will be working        time. So our clinics are right now provid-
                                                   we are emerging from this tragedy                     through the summer with the charge of          ing an even better educational experience
                                                   a more focused institution that is                    setting strategic goals and objectives.        and at the same time providing a critical
                                                   stronger and more vital. Katrina has                                                                 public service in many areas where there
                                                                                                         Will this planning committee be looking
                                                   forced us to do a very careful and                                                                   is no alternative.
                                                                                                         at changes to curriculum or programs?
                                                   a very rigorous self-analysis that is
                                                                                                                                                        What do you know about the incoming
                                                   difficult to do without urgent external               Programmatically we are not going to
                                                                                                                                                        class for fall 2006?
                                                   pressure. We have been looking at the                 deviate from the objective of providing
                                                   whole program and are identifying                     the highest quality legal education we         The quality is as least as strong as last
                                                   certain goals two years, four years, six              can. We are not going to fundamentally         year. As we anticipated, our applications
                                                   years out. We are contemplating what                  change our curriculum. But, everything         are down, but what we are finding is that
                                                   it takes to reach those goals in terms of             is on the table and it is certainly true       despite making 20 percent fewer offers
                                                   students, faculty and infrastructure.                 that there are going to have to be some        of admission, the yield—the percentage
                                                                                                         changes. For example, we are increasing        of students who have indicated they
                                                   Can you give an example of the kinds
                                                                                                         by 50 percent the required number of           intend to enroll—is actually up.
                                                   of goals you are referring to?
                                                                                                         community service hours to graduate.
                                                                                                                                                        Is there any indication that the class is
                                                   A specific example is that we are target-             The requirement is now 20 hours but
                                                                                                                                                        shaping up to have a particular kind
                                                   ing a much smaller entering class next                we are increasing to 30 hours. There
T U L A N E L AWYER SPRING/SUMMER 2006




                                                                                                                                                        of character?
                                                   year—275 instead of 325. That has long                also are changes to the curriculum that
                                                   been a strategic goal—to get smaller.                 are emphasizing courses that look at the       Anecdotally, at this point there is. I am
                                                   We have now been forced to do that in                 legal aspects of building a healthy urban      convinced to a certainty that just as there
                                                   order to maintain and build on the quali-             community and that include disaster            are a group of students who would have
                                                   tative benchmarks we have achieved. The               recovery, insurance, environmental law,        applied before Katrina who have now
                                                   next challenge is to identify and make                land-use planning and civil rights.            not done so, there is another cohort of
                                                   the kinds of changes necessary to allow                                                              prospective students whose radar screen
                                                   us, without compromising institutional                It’s probably safe to assume                   we might not have been on a year ago but
                                                   integrity, to remain at this leaner level of          the law clinics have already hit the           who are now applying, and are very like-
                                                   student enrollment and use that as a plat-            ground running.                                ly to enroll, precisely because they want

12
to be part of this rebuilding effort. And
obviously, these are men and women with
a strong sense of community and public
service, which is exactly the character of
the student body we want.

Has your role at the school changed
since last August?

Oh, yes. I am much more internally
focused on the school now than I had
been before. Unfortunately this also
means I am less externally focused on
our alumni and friends because I simply
haven’t had the time to get out and travel
as I did in the past. It also has put a real
                                                     W     W E H AV E T O S T R AT E G I C A L LY P O S I T I O N O U R S E LV E S I N A N
                                                           INTELLIGENT AND THOUGHTFUL MANNER OR THE MARKET
                                                           W I L L D O I T F O R U S I N A M O R E R A N D O M FA S H I O N.




                                                     unprecedented in American legal educa-
                                                     tion—and has in application worked
                                                     better then we dared even to hope. We
                                                                                                  were dealing with a much broader set
                                                                                                  of problems. I am very proud of the way
                                                                                                  the faculty stepped up.
premium on the need for us to, in a very             designed it in the fall from whole cloth        And in point of fact, despite what
vigorous way, identify and pursue key                because there was no instruction booklet     they went through, student morale and
strategic objectives, some of which we               or manual on how to do this. After 9/11      attitude this semester has been extraordi-
already discussed. We have to strategical-           the New York schools were closed for a       narily upbeat and positive—including
ly position ourselves in an intelligent and          couple of weeks and had to catch up. We      1Ls who are essentially doing the entire
thoughtful manner or the market will do it           had to close for an entire semester.         first year between January and June.
for us in a more random fashion.                        Now, I think there is no question that    I suppose the key is to maintain and
                                                     adversity has brought people together.       build on that. We want a lot of things to
How would you characterize the mood
                                                     We have seen our faculty step up in          return to “normal,” but this “esprit de
of the law school?
                                                     meeting teaching overloads this semester.    corps”—one happy byproduct from this
Let’s first take a step back from that.              There has also been a deliberate outreach    disaster—is something that we hope will
We made a decision in the fall when put-             by faculty to students beyond the class-     become a permanent part of our culture.
ting together the spring program at the              room both in terms of attentiveness to          The third-year clinic experience right
law school that we would design it in a              their overall health and state of mind as    now is about as hands-on as you can
fashion that would allow each and every              well as really augmenting the educational    get. The criminal law clinic is certainly
student who wanted to get caught up on               experience in the classroom with a lot       involved in a way they never expected
their program to do so. In terms of                  more contact outside the classroom. And      they could. The city needs their help. The
all the pieces that went into the spring             remember, unlike our students, our facul-    criminal court system needs their help and
curriculum it is a program that is                   ty owned homes in the community and          the students are right in the middle of it.

                                                                                                  Discuss the graduating class and what
                                                                                                  they’ve been through.
     Accepted applicants for Fall 2006 break for lunch during one of several visiting days last
     spring organized by the Admission Office.                                                    The thrust and focus of my comments
                                                                                                  at this year’s commencement ceremony
                                                                                                  was that it is characteristic of all law
                                                                                                  students to wonder if they are going to
                                                                                                  make it or not and rarely is the concern
                                                                                                                                                SPRING/SUMMER 2006 T U L A N E L AW YE R




                                                                                                  justified. Our students, however, had a
                                                                                                  legitimate basis for concern last fall. Yet
                                                                                                  by and large they did all get back on
                                                                                                  track, which I think showed an extraordi-
                                                                                                  nary amount of resourcefulness, mettle,
                                                                                                  fortitude and character. I am extremely
                                                                                                  proud of how the students responded to
                                                                                                  and recovered from what I think would
                                                                                                  have caused a lot of other people to
                                                                                                  throw in the towel.

                                                                                                                                                13
                                                                                       compassion provided was heartwarming,         most cases, a tuition-free basis, which
                                                                                       comforting and a critical component in        was extraordinary.
                                                                                       our being able to successfully rebound            Unlike the other divisions, which had
                                                                                       from a fall semester that was something       not yet started classes, the law school
                                                                                       other than we had been planning on.           was in class an entire week before the
                                                                                          I might add that our adjunct faculty,      storm hit. Our students were already
                                                                                       that draws deeply from our local alumni       underway when the rug got pulled out
                                                                                       base, were a marvel. Almost all of our        from under them. So they were quick on
                                                                                       adjuncts who normally teach in the            their feet knocking on doors. They were
                                                                                       spring semester, many of whom were            on the phone with other schools while
                                                                                       dealing with their own personal and pro-      still on the road evacuating.
                                                                                       fessional issues as a result of the storm,
                                                                                                                                     Earlier in the conversation you noted
                                                                                       taught this spring, as well as some who
                                                                                                                                     that you have been more focused on
                                                                                       normally teach in the fall but were asked
                                                                                                                                     internal aspects of the school. Does
                                                                                       to teach this spring to offer classes to
                                                                                                                                     that include admission?
                                                                                       students needing to satisfy particular
                                                                                       program requirements.                         That’s interesting because the thing we’ve
                                                                                          There were so many who helped.             noticed that is peculiar to this admission
                                                                                       During the fall we began hearing from a       cycle is that more parents are coming
                                                                                       lot of students who were having signifi-      down to be part of the process. And
                                                                                       cant difficulties with landlords and were     because we were seeing so many more
                                                                                       at a loss on how to deal with them. I went    parents and it seemed like most questions
                                                                                       to alumni from eight New Orleans–based        were coming from the parents I asked
                                                                                       firms to ask if they would serve as a         Susan Krinsky, our dean of admission, to
16 + 1—Despite fall semester dislocations and numerous other                           resource to these students by providing       set up special parent sessions, where I
logistical obstacles, dedicated students, faculty advisors, and
                                                                                       them with advice, guidance and even           went in to talk to them. The reality is I am
journal staff succeeded in publishing all sixteen issues of
Tulane’s eight journals on or ahead of schedule. Added to those,                       some representation in terms of dealing       more or less about the age of most of our
an extra issue of the Tulane European and Civil Law Forum                              with recalcitrant landlords. Over the         parents and have children about their chil-
honoring Professor Shael Herman’s career as a jurist and inter-                        course of the following months we made        dren’s ages. So I can empathize. I told
national scholar is nearing press date. Photo by Luis Castrillo.                       at least a couple of hundred referrals to     them, “I know what is on your mind, what
                                                                                       these firms—and it wasn’t just law stu-       you are concerned about. Let’s talk about
                                                                                       dents soliciting help, it was students from   it.” I explained to them the extraordinary
                                                                                       across the university. It was our alumni at   steps the university takes in case of an
                                          How important was the alumni
                                                                                       those firms who did what was necessary        emergency to make sure students are safe-
                                          response to Tulane Law School?
                                                                                       internally at the firms to make it happen.    ly evacuated. I also talked about risks, but
                                          In view of the fact that during the previ-                                                 then we discussed the unique educational
                                                                                       What about the community of law
                                          ous four years I put the bulk of my time                                                   opportunity we now offer that no law
                                                                                       schools across the country and the
                                          into alumni relations it was extremely                                                     school in the country can replicate in terms
                                                                                       help they provided?
                                          gratifying to see such an outpouring of                                                    of opportunities for applied experiences
                                          support. And whatever time and effort I      If you look at the entirety of what has
                                          put in, it was a return that exceeded that   transpired to this point—and this is uni-
                                          effort many-fold. In addition to assisting   versitywide—we have received little help
 T U L A N E L AWYER SPRING/SUMMER 2006




                                          in acquiring internships for our students,   from anyone other than from alumni and
                                          we had alumni in six or seven cites who,     higher education. And the response of the
                                          completely of their own initiative,          higher education industry was nothing
                                          expense and time, put together receptions    short of magnificent. If I may say so, it
                                          for our displaced students in those com-     was really the law schools that lead the
                                          munities. Many used our emergency            way in terms of the model that was even-
                                          website to reach out to our students,        tually adopted by the AAU [Association
                                          making them aware of housing opportu-        of American Universities] and the other
                                          nities, in some cases, in their own          educational institutions for admitting our
                                          homes. The level of interest, concern and    students as one-semester visitors on, in
                                                                                                                                          Publisher and President of New Orleans
 14                                                                                                                                       CityBusiness Mark Singletary recognizes
                                                                                                                                          Dean Ponoroff as a “2006 Leader in
                                                                                                                                              ”
                                                                                                                                          Law. Photograph by Ben Bullins.
in the community to augment what the
students are learning in the classroom.

What was the response?

My impression was that the sessions
were appreciated, they were constructive
and that the reaction was very positive. I
think and hope in some cases the session
helped to alleviate the understandable
concerns that some parents had. They
were very frank discussions.

You have lived in New Orleans for 12
years. How do you feel about the city
in terms of what happened to it and
about its ability to come back?

It’s heartbreaking to see what has hap-
pened in the city. The area in which my
family is fortunate enough to live and
                                                What can alums continue to do to               hurricane in the Gulf anytime soon,
where the university is located is basically
                                                support the school and city?                   but I believe that here at the law school
fine but it is like an island, now called the
                                                                                               we have transitioned from recovery and
“sliver by the river.” In other areas, to see   First, I think it is very important that
                                                                                               are now focusing on response. We are
square mile after square mile of such utter     they visit the city and see firsthand what
                                                                                               responding to this historic hand that has
desolation of once vibrant neighborhoods        is taking place on campus and what is
                                                                                               been dealt us and we will be better for it.
and communities is tough for anybody to         going on around the city. Secondly, we
take, whether you are from here or not. I       need their support more than ever in
                                                                                               So all-in-all this has been a tough year?
think it is particularly difficult for people   assuring prospective students in their
who grew up in those neighborhoods, and         communities that it is not only OK to          Yes, this has been a tough year, but not
secondarily, for those of us to whom the        come here for law school, but it is in fact    because of that storm; we’ll recover from
city is home. I remain optimistic about the     now a better place to come to law school       that and, in the long-run, be better off for
city coming back better than ever, yet it is    because we are basically a living labora-      the sharper focus it has demanded of us.
impossible not to be affected by the mag-       tory. Part and parcel to all that is that we   What we cannot recover from any time
nitude of the loss and suffering, and it is     also need their help more than ever in         soon is the loss of three beloved friends
still going on ten months later.                working with our Career Development            and colleagues this year: Professors
                                                Office to ensure that we are able to offer     David Gelfand and Dan Posin, and Dean
Do you feel that you are living through
                                                matriculating and graduating students          John Kramer. These are individuals who
an historic moment?
                                                appropriate career options. Ultimately we      cannot simply be replaced; they were
Well, all things being equal, I would           are finding that one of the most signifi-      each in their own way part of the fabric
rather not live in historic times. But there    cant factors influencing students’ choice      of the institution. Indeed, John Kramer,
is a certain exhilaration about being here      of a law school is their perception of         by sheer force of personality, remade
right now and being part of the renais-         what kinds of job opportunities and            Tulane Law School. We will miss them
sance of the city. I just remain sanguine       careers are available to them.                 all and our hearts go out to their families.
                                                                                                                                              SPRING/SUMMER 2006 T U L A N E L AW YE R




that the city ultimately will show the                                                         So, yes, it’s been a tough year. However,
                                                We’re entering hurricane season even as
same kind of resilience that the universi-                                                     after I finish teaching summer school and
                                                we speak. Is that on your mind?
ty has demonstrated in coming back in a                                                        finally take a few days off in July, we will
healthy way, preserving those aspects of        Once we get through this current hurri-        be back and ready to start a new era as
New Orleans that have always given it its       cane season it will have a significantly       well as a new academic year. It’s a daunt-
charm and character and make it unique,         positive effect on everyone’s perspective      ing and exciting challenge that won’t
but also using the opportunity to remedi-       and outlook. Yes, we all went though           always be smooth sailing, but I am confi-
ate some of the issues and problems such        a traumatic experience and you don’t           dent that as a community—students,
as public education—that we all know            recover from something like this over-         faculty, staff, and alumni—we are
have plagued the city in recent decades.        night. Sure, no one wants to see a             equal to the task.

                                                                                                                                              15
                                         N E W FA C U LT Y
                                         S TA RT I N G A N E W J O B I S A LWAY S A C H A L L E N G E , B U T
                                         TA N I A T E T L OW A N D G A B E F E L D M A N H A D N O I D E A W H AT T H E
                                         U P C O M I N G S C H O O L Y E A R WO U L D B R I N G .


                                                                                                                                            “ Now, more than ever,
                                                                                                                                             I can’t imagine a more
                                                                                                                                             important place to be.”

                                                                                                                                            “Most of our clients evacuated to loca-
                                                                                                                                            tions all over the country and are having
                                                                                                                                            great difficulty coming back,” she says.
                                                                                                                                            “They are also facing a laundry list of
                                                                                                                                            legal needs. Domestic violence victims
                                                                                                                                            are making choices about sharing scarce
                                                                                                                                            housing and FEMA money with their bat-
                                                                                                                                            terers, or trying to go it alone when they
                                                                                                                                            have just lost all of their possessions and
                                                                                                                                            their family and friends are scattered.”
                                                                                                                                               With magna cum laude credentials
                                                                                                                                            from Harvard Law School, Tetlow
                                                                                                                                            returned home to New Orleans to clerk for
                                                                                                                                            the Honorable James Dennis of the Fifth
                                                                                                                                            Circuit Court of Appeals. She practiced
                                                                                                                                            commercial litigation at Phelps Dunbar in
                                                                                                                                            New Orleans for three years. Then, it was
                                                                                                        TA N I A T E T L OW                 on to the U.S. Attorney’s Office, where
                                                                                                                                            she worked as a prosecutor in the violent




                                                 T
                                                             ania Tetlow grew up in New       local FEMA disaster center. As chair-         crimes unit. Assistant U.S. Attorney Tetlow




                                                                                                                                                                                          PA U L A B U R C H - C E L E N TA N O / T U L A N E U N I V E R S I T Y P U B L I C AT I O N S
                                                             Orleans. When it came to hur-    woman of the New Orleans Library              was responsible for the first domestic
                                                             ricanes, she knew the drill—or   Board, she has spent much of her person-      violence protective order gun conviction
                                                             at least she thought she did.    al time working to restore the city’s         in the Eastern District of Louisiana.
                                                    Just a couple of months into her job as   public library system.                           Tetlow’s resume also includes previ-
                                                 the new director of Tulane Law School’s         “Being chair of the Library Board          ous academic experience. She taught
T U L A N E L AWYER SPRING/SUMMER 2006




                                                 Domestic Violence Clinic, Tetlow evacu-      went from a nice civic activity to an enor-   Constitutional Law and Race as an
                                                 ated to Gramercy, about 50 miles from        mous challenge,” she says. “The city is       adjunct professor at Loyola Law School
                                                 New Orleans. She moved back into the         close to bankruptcy and laid off 90 per-      for six years. She published an article
                                                 city in October as soon as she could.        cent of the library staff. I’ve been work-    in the Loyola Law Review on Batson
                                                    “This city is my heart,” says Tetlow,     ing since Katrina with the remaining staff    and its progeny and a separate article on
                                                 “and it keeps me from grieving to be part    to reopen the few branches that did not       race relations in the Loyola Journal of
                                                 of getting it back on its feet.”             flood, to start a major national fundrais-    Public Interest Law.
                                                    Tetlow spent the fall semester            ing campaign to replace our soggy books,         Clearly Tetlow is settling in as a
                                                 researching an article on how the crimi-     and to design a vision for rebuilding.”       full-time clinician in a city with enor-
                                                 nal justice system fared during Katrina.        With a court system in an equally          mous needs. “Now, more than ever,
                                                 The verdict? “Not well,” she says. She       depressed state, Tetlow says clients of the   I can’t imagine a more important place
16                                               also volunteered her legal services at a     Domestic Violence Clinic are suffering.       to be,” she says.
                                                                                          “ This is just New Orleans,
                                                                                           the only way I know it. I’m
                                                                                           excited to be here because
                                                                                           it’s great to be part of the
                                                                                           rebuilding process.”




                                                    GABE FELDMAN




G
               abe Feldman had planned      much a career change for Feldman as the       Committee, the Korean Olympic
               on unpacking boxes at        further pursuit of one of his lifelong hob-   Committee, the USOC, the Olympic
               his new condominium the      bies: sports. He was the official mascot      judges and the gymnasts, to name a few.
               weekend before Katrina       at Duke University. Yes, Gabe Feldman         Five different languages were spoken
struck New Orleans. A moving van            was the Duke University Blue Devil dur-       and there was no official interpreter. It
had just delivered his furniture from       ing his junior year. The basketball team      was a bit of a zoo.” But most important-
Washington, DC. Instead, he evacuated       was among the best in the nation that         ly, Feldman adds, the USOC won and
to Memphis.                                 year. “I had the best seat in the house for   Paul Hamm retained the gold medal.
   Tulane Law School’s newest professor     each game,” he recalls. Once the team             While in private practice, Feldman
of sports law spent his fall semester       had made it to the Final Four, Feldman        found time to teach sports law as an
back at Williams and Connolly, the          says, “I had little left to accomplish so     adjunct professor at the University of
Washington, DC, law firm he had left        I hung up my pitchfork and retired.”          Virginia School of Law and Catholic
just a few weeks earlier. “My nameplate        Feldman practiced sports litigation        University School of Law. Prior to that,
                                                                                                                                      SPRING/SUMMER 2006 T U L A N E L AW YE R




was still on the door,” he jokes. Feldman   at Williams and Connolly for almost           he clerked for the Hon. Susan H. Black
used the down time for research and to      five years before accepting the job at        of the Eleventh Circuit Court of Appeals.
do pro bono work.                           Tulane. He worked closely with the U.S.       In addition to obtaining his law degree
   Despite the delay, Feldman says he’s     Olympic Committee (USOC) and recalls          from Duke, Feldman also earned a
delighted to be teaching at Tulane. “It’s   fondly one project of international           master’s degree in psychology.
a perfect match,” he says. “It offers me    stature—the controversial challenge               As for living in a changed New
the opportunity to continue doing what      by Korea to American gymnast Paul             Orleans, Feldman finds it energizing.
I enjoy doing and I’m excited about the     Hamm’s gold medal in the 2004 games.          “Everything is new to me so nothing
prospect of helping Gary Roberts build         “We flew to Switzerland for the arbi-      has changed,” he says. “This is just New
the sports law curriculum and the           tration,” he recalls. “Everyone was repre-    Orleans, the only way I know it. I’m
sports law program.”                        sented—the International Gymnastic            excited to be here because it’s great to
   The switch to teaching wasn’t so         Federation, the International Olympic         be part of the rebuilding process.”         17
                                         FA C U LT Y P E R S P E C T I V E S




                                                    WINDS OF CHANGE
                                                    F O R S O M A N Y I N T H I S C I T Y A N D AT T H I S L AW S C H O O L , AU G . 2 9 , 2 0 0 5

                                                    D R E W A S H A R P L I N E B E T W E E N W H AT WA S A N D W H AT I S . B E F O R E K AT R I N A ,

                                                    A F T E R K AT R I N A — T H E E V E N T N O T O N LY R E S E T T H E C A L E N D A R B U T A L S O

                                                    G AV E V I G O R T O P U B L I C D E B AT E A R O U N D F U N D A M E N TA L S O C I A L I S S U E S .

                                                    AT T U L A N E , T H I S I S E V I D E N T I N N E W C O U R S E S , S U C H A S H U R R I C A N E K AT R I N A :

                                                    D I S A S T E R P R E V E N T I O N , R E S P O N S E A N D R E C OV E RY , A N D D E V E L O P M E N T A N D
T U L A N E L AWYER SPRING/SUMMER 2006




                                                    D I S A S T E R : P U B L I C D E C I S I O N - M A K I N G A N D E N V I R O N M E N TA L V U L N E R A B I L I T Y

                                                    I N A G L O B A L C O N T E X T , A S W E L L A S A N A B U N D A N C E O F S C H O L A R LY A C T I V I T Y

                                                    R E L AT I N G T O I S S U E S O F H O U S I N G , E N V I R O N M E N T, G OV E R N A N C E A N D O T H E R

                                                    L E G A L A R E A S I N W H I C H T H E H I S TO R I C A N D U N P R E C E D E N T E D C O N S E QU E N C E S
                                                                                                                                                                           JACKSON HILL




                                                    O F T H E S T O R M P R E S E N T B O T H C H A L L E N G E S A N D O P P O RT U N I T I E S . H E R E ,

                                                    W E S H A R E T H O U G H T S F R O M M E M B E R S O F T H E T U L A N E L AW FA C U LT Y

                                                    A S T H E Y P O N D E R L AW A N D L I F E A F T E R K AT R I N A .

18
                                                                                                                           In March, Katherine Mattes,
                                                                                                                           deputy director of the Criminal
                                                                                                                           Defense Clinic, documented the
                                                                                                                           flood damage to the evidence
                                                                                                                           rooms at the Orleans Parish
                                                                                                                           Prison in a 90-minute video.
                                                                                                                           Document restoration is under-
                                                                                                                           way to provide evidence needed
                                                                                                                           in criminal trials.




                      C L I N I C B AT T L E S F O R R I G H T S
                      OF INDIGENT PRISONERS
                      B Y M A D E L I N E VA N N               from New Wave, Tulane’s online daily publication 5/1/06



            amela Metzger believes that           “We are unique among law clinics               most appalled by the current situation.



P           constitutional rights exist even
            for impoverished people in jail
            during natural disasters, and
she is determined to protect those rights.
Recently, Metzger, director of the
                                               nationally because we are one of the very
                                               few clinics that handles felony matters
                                               with law students. We are one of the very
                                               few law clinics that has a very strong and
                                               successful state supreme court practice
                                                                                                    “I get more students every year who
                                                                                                 want to be good prosecutors, and in
                                                                                                 many ways they are the people who are
                                                                                                 most outraged,” Metzger says. “They
                                                                                                 want to know how any prosecutor with
Criminal Defense Clinic at Tulane Law          where our students go in and argue,” says         any sense of ethics can tolerate being
School, led a team of third-year law stu-      Metzger, who sees these days not only             part of this. And we are not arguing that
dents in filing a lawsuit that alleges the     as a chance to transform the legal system         any charges must be dropped but that
Louisiana system of funding its public-        in Louisiana but as prime training                where it’s clear that there is no lawyer
defender system is unconstitutional.           ground for future lawyers.                        and no lawyer coming, you can’t hold
   Louisiana is the only state that pays          She points out that most of those              people in jail. We’re not saying you can’t
public defenders primarily with money          waiting on a lawyer have not committed            continue to prosecute.”
collected from traffic and court fines,        violent crimes but were arrested for a               Even those who get legal representa-
a system that Metzger believes creates         variety of offenses from unpaid court             tion and an order for release from prison
a conflict of interest.                        fines to prostitution.                            find themselves behind bars, “forgotten,”
   In the wake of Hurricane Katrina,              “The Orleans Parish public defense             says Metzger, because the Orleans Parish
with no fines collected in Orleans Parish      system was tremendously disadvantaged             Prison often fails to send the release
and other parishes in the hurricane zone,      before the storm,” says Metzger. “I don’t         orders to the jails that house them.
the public defense system ground to a          think it’s too strong to say that the storm       Metzger and the clinic filed an order to
                                                                                                                                                      SPRING/SUMMER 2006 T U L A N E L AW YE R




halt due to lack of money. Metzger esti-       destroyed it. The real problem existed            hold the Warden of Orleans Parish Prison
mates that 4,000 indigent Orleanians sat       before Katrina. Katrina just held a mag-          in contempt of court for failing to release
in jails throughout Louisiana, waiting         nifying glass up so we could really see           prisoners when ordered to do so.
for legal representation and news of their     the flaws. People used to wait four weeks            Metzger believes it will take years
homes and families. The ratio of those         to see a lawyer and now it’s more like            to untangle the mess exacerbated by
in need of a lawyer to existing lawyers        four months.”                                     Katrina. “It’s going to be transformative,”
prompted Orleans Parish Chief Judge               Metzger’s clinic produces prosecuting          Metzger says of the possibilities that lie
Calvin Johnson to ask the criminal             attorneys as well as criminal defense             ahead. “It’s all part of this ongoing social
law clinics at Tulane and Loyola to            lawyers. In many ways, she says, the              experiment we have, to have a working
provide representation.                        alumni who became prosecutors are the             adversarial system of justice.”

                                                                                                                                                    19
                                FA C U LT Y P E R S P E C T I V E S




                                                   STOP FEDERALISM
                                                   BEFORE IT KILLS AGAIN
                                                   BY STEPHEN M. GRIFFIN




                                                                                                            n the aftermath of Hurricane         largely a government-created disaster.



                                                                                                     I
                                                   Stephen Griffin is the Rutledge C.
                                                   Clement Jr. Professor in Constitutional                  Katrina, President George W. Bush    Hurricane Katrina operated like a CT or
                                                   Law at Tulane Law School. This article is                remarked, “It’s very important for   MRI scan on governance in the United
                                                   adapted from a longer article prepared                   us to understand the relationship    States and the results were not pretty. It
                                                   for the St. John’s University School of           between the federal government, the         is widely agreed that our separated sys-
                                                   Law Conference on “Federalism Past,               state government, and the local govern-     tem of federal, state and local jurisdic-
                                                   Federalism Future,” March 3, 2006,                ment when it comes to major catastro-       tions did not work together and simply
                                                   which will be published in the St. John’s         phe.”1 The President was correct in see-    did not work well.
                                                   Journal of Legal Commentary.                      ing federalism as central to what was          On Wednesday, Aug. 31, 2005, two
                                                                                                                                                 days after Hurricane Katrina made land-
                                                                                                                                                 fall on the Gulf Coast, Secretary of
                                                                                                                                                 Homeland Security Michael Chertoff held
                                         Hurricane Katrina operated like a CT or MRI scan on governance                                          a press conference at which he was asked
                                                                                                                                                 a question about the chain of command
                                         in the United States and the results were not pretty. It is widely                                      and how conflicts among levels of gov-
                                         agreed that our separated system of federal, state and local                                            ernment are worked out during a national
                                                                                                                                                 disaster. He responded: “‘[W]e come in to
                                         jurisdictions did not work together and did not work well.                                              assist local and state authorities. Under
                                                                                                                                                 the constitution, state and local authorities
                                                                                                                                                 have the principal first line of response
                                                                                                                                                 obligation . . . . DHS has the coordinating
                                                                                                                                                 role, or the managing role . . . . [T]he
                                                                                                                                                 president has, of course, the ultimate
                                                                                                                                                 responsibility for all the federal effort
                                                                                                                                                 here . . . . I want to emphasize the federal
                                                                                                                                                 government does not supersede the state
                                                                                                                                                 and local government. We fit . . . in a
                                                                                                                                                 comprehensive response plan.’”2
                                                                                                                                                    Secretary Chertoff was reflecting the
                                                                                                                                                 official policy of the federal government,
T U L A N E L AWYER SPRING/SUMMER 2006




                                                                                                                                                 as embodied in the “National Response
                                                                                                                                                 Plan,” adopted in late 2004.3 In the plan,
                                                                                                                                                 the emphasis was on having the lowest
                                                                                                                                                 level of government possible handle
                                                                                                                                                 disaster response. The plan states under
                                                                                                                                                 “Planning Assumptions and Considera-
                                                                                                                                                 tions”: “Incidents are typically managed
                                                                                                                                                 at the lowest possible geographic, organi-
                                                                                                                                                 zational and jurisdictional level.”4
                                                                                                                                                    One of the most unusual characteristics

20                                                 Louisiana Superdome, Aug. 30, 2005. Photo taken by the New Orleans Fire Department.
                                                                                                                                                 In Katrina’s wake,
                                                                                                                                                 many victims also
                                                                                                                                                 became first respon-
                                                                                                                                                 ders. Photo taken
                                                                                                                                                 by the New Orleans
                                                                                                                                                 Fire Department,
                                                                                                                                                 Aug. 30, 2005.




of Hurricane Katrina was how it blasted        assumption of the National Response           N OT E S

away nearly all of the local government        Plan.6 Hurricane Katrina posed multiple       1. CNN Reports, Katrina: State of Emergency
infrastructure in New Orleans and on           challenges for this philosophy, ultimately    128 (2005).
the Mississippi Gulf Coast. It therefore       grounded in values of federalism.             2. Id. at 46.
removed the basis on which the National        Because local governments and commu-          3. See generally U.S. Department of Homeland
Response Plan was built. Katrina chal-         nications had been wiped out, state           Security, National Response Plan (Dec. 2004),
lenged assumptions going back many             authorities did not know what to request.     http://www.dhs.gov/interweb/assetlibrary/NRPb
decades as to how the federal structure        The extent of the crisis meant that state     aseplan.pdf.
should operate, not just during a crisis,      officials were themselves overwhelmed         4. Id. at 6.
but also in preparing for crisis situations.   and unable to cope.7 The committee            5. U.S. House of Representatives, A Failure of
   In its report on Katrina, the House of      noted that a “push” system, in which          Initiative: Final Report of the Select Bipartisan
Representatives Select Committee con-          federal authorities try to anticipate state   Committee to Investigate the Preparation for
cluded: “The catastrophic nature of            needs in advance of a storm, is not a new     and Response to Hurricane Katrina 132
Katrina confirmed once again that the          concept, but it has rarely been tried.8       (February 15, 2006), http://www.gpoaccess.
standard ‘reactive’ nature of federal assis-      Unless we learn some lessons, Katrina      gov/katrinareport/mainreport.pdf.
tance, while appropriate for most disas-       will happen again. It may be a massive        6. See id. at 15, 30.
ters, does not work during disasters of this   earthquake, an influenza pandemic, a ter-     7. See id. at 187, 324.
                                                                                                                                                                  SPRING/SUMMER 2006 T U L A N E L AW YE R




scale. When local and state governments        rorist attack, or even another hurricane,     8. See id. at 136.
are functionally overwhelmed or incapaci-      but the same ill-coordinated response
tated, the federal government must be          will indeed happen again unless some
prepared to respond proactively.”5             attention is paid to the constitutional and
   The committee was referring to what         institutional lessons of Katrina. We need
is known as a “pull” system, in which          to “stop federalism” before it kills again.
federal authorities wait for state authori-    That is, we need to stop our customary
ties (who are supposed to combine              thinking about what federalism requires
local requests) to request resources in        in order to prevent another horrific loss
an emergency. This was a fundamental           of life and property.

                                                                                                                                                                  21
                                         FA C U LT Y P E R S P E C T I V E S




                                                         THE LOCAL LAND USE VETO:
                                                         DEMOCRACY IN ACTION OR NIMBY?
                                                         B Y S T A C Y S E I C S H N A Y D R E ( L’ 9 2 )



                                                                                                             n the wake of Katrina, housing           decisions in the positioning and alloca-



                                                                                                      I
                                                         Stacy Seicshnaydre is associate profes-
                                                         sor of law and director of the Civil                scarcity has emerged as one of the       tion of housing opportunities, including
                                                         Litigation Clinic. She clerked for the              most critical challenges facing          affordable housing opportunities for low-
                                                         U.S. Fifth Circuit Court of Appeals and             those working at the local, state        income residents?2 But should we adopt
                                                         then worked as a staff attorney for the      and federal levels to facilitate the return     a system of absolute deference to those
                                                         Lawyers’ Committee for Civil Rights          of New Orleans area residents. Yet,             at the local level, whose efforts to block
                                                         Under Law in Washington, DC. In 1995         efforts to provide both temporary and           this trailer site3 or that apartment rede-
                                                         she became the first executive director of   permanent housing to displaced residents        velopment4 have resulted in the kind of
                                                         the Greater New Orleans Fair Housing         have been stymied by the exercise of a          inertia that contributes to our reputation
                                                         Action Center Inc., and in 2001 became       kind of veto power over a variety of site       as a place without a plan?
                                                         general counsel for the organization. She    selection decisions and government ini-            To be sure, in an environment in
                                                         has served on the boards of directors of     tiatives. This “veto power” is being exer-      which no one is willing to bear the costs
                                                         the National Fair Housing Alliance and       cised primarily at the local level and          associated with the creation of housing
                                                         on the Louisiana Advisory Committee to       bears closer examination to determine           for displaced residents, displaced resi-
                                                         the U.S. Commission on Civil Rights.         whether it represents a necessary check         dents will remain displaced. How do
                                                                                                      and balance over the use of federal             we create a post-Katrina mechanism
                                                                                                      resources in the recovery effort, or if it is   that ensures appropriate participation by
                                                                                                      symptomatic of a “Not in My Backyard”           neighborhoods and communities in land
                                                                                                      phenomenon that was alive and well in           use decisions without creating the kind
                                                                                                      New Orleans pre-Katrina.1 No one is             of veto power that puts displaced resi-
                                                                                                      advocating that we place blind trust in         dents at a disadvantage?
                                                                                                      the federal government to make rational            The idea of a community exercising




                                            Not all communities have
T U L A N E L AWYER SPRING/SUMMER 2006




                                            resisted the siting of trailers
                                            in their neighborhoods.
                                            This Mid-City neighbor-
                                            hood threw a welcoming
                                            party for the displaced city
                                            employees occupying
                                            these trailers.




22
“veto power” over particular land
uses—and neighbors—has a long and
checkered history. In the past, African-
American families in New Orleans
(and elsewhere) who wanted to purchase
homes in white communities were
required to obtain the written consent of
“a majority of white persons inhabiting
said community.”5 This kind of explicit,
                                                    To be sure, in an environment in which no one is willing to bear the
race-based form of the veto may be out              costs associated with the creation of housing for displaced residents,
of vogue, if only because of its legal
                                                    displaced residents will remain displaced.
infirmity.6 But what are the legal limits,
if any, on other, less outlandish expres-
sions of community veto power over,
say, trailers?
    When amending the Fair Housing Act        may not give effect to any prejudices           N OT E S

in 1988 to cover housing discrimination       on the part of their constituents that are      1. Prior to Katrina, several moratoria were in
on the basis of disability and familial       based on race, color, national origin,          place that limited or prevented the develop-
                                                                                              ment of multi-family housing in certain
status, Congress expressed its intention      sex, religion, disability or familial status.
                                                                                              councilmanic districts.
that “the prohibition against discrimina-     Even more to the point, when local
                                                                                              2. In post-Katrina New Orleans, the term
tion . . . apply to zoning decisions and      officials reject proposals to provide
                                                                                              “affordable housing” has been euphemized and
practices. The Act is intended to prohibit    housing to displaced residents, their           replaced with “workforce housing.” The idea
the application of special requirements       actions must be carefully examined to           that workforce housing is a necessity appeals
through land-use regulations, restrictive     ensure that protected groups are not            less to a sense of altruism than to a desire to
covenants, and conditional or special use     disproportionately excluded.                    resuscitate a post-disaster economy.

permits that have the effect of limiting         Not every development project or             3. See “Nagin halts trailer site work: Algiers
                                                                                              confrontation prompts shutdown,” Times
the ability of [protected] individuals to     trailer site will be of equal merit. Some
                                                                                              Picayune, Tuesday, April 4, 2006.
live in the residence of their choice in      communities historically have been
                                                                                              4. See “Housing program worries some in East:
the community.”7 Thus, fair housing law       asked to bear more than their share of          Residents had worked to limit apartments,”
may prohibit the exercise of veto power       government-sponsored housing develop-
                                                                                                                                                SPRING/SUMMER 2006 T U L A N E L AW YE R



                                                                                              Times Picayune, Monday, February 27, 2006.
not only when it is based on an intention     ments and programs. But in the current          5. Sybil J. Cooksey, Race-ing Space:
to exclude those protected by the Act,        realm, we tend to require unanimity for         Segregation as a Modernist Project in New
but also when the veto has the effect of      any project or program to gain traction.        Orleans 47 (May 1998) (UNO Thesis – CUPA).

excluding those protected.                    With population estimates in New                6. See Shelley v. Kraemer, 334 U.S. 1 (1948).
                                                                                              7. House Report, 100-711, 100th Cong., 2d
    There is nothing in the Fair Housing      Orleans at less than half of pre-Katrina
                                                                                              Sess. (June 17, 1988).
Act to prevent communities from exer-         levels,8 we cannot afford, and the Fair
                                                                                              8. See Emergency Operations Center, City of
cising their right to speak in opposition     Housing Act may not allow, the veto.            New Orleans, “Rapid Population Estimate
to or petition their duly elected represen-                                                   Project: January 28–29, 2006 Survey Report
tatives concerning a particular land use.                                                     (http://www.cityofno.com/Resources/RPEP_
But those duly elected representatives                                                        Draft%20Report_Jan2.pdf).


                                                                                                                                                23
                                         FA C U LT Y P E R S P E C T I V E S




                                                    T H E K AT R I N A N E X T T I M E
                                                    BY OLIVER HOUCK




                                                                                                          he terrible thing about Katrina   keeping the delegation happy to pay



                                                                                               T
                                                    Professor Oliver Houck heads the
                                                    environmental program at Tulane Law                   is how predictable it was,        serious attention to land loss, hurricanes
                                                    School. He was selected as the recipient              one of the least kept secrets     or, for that matter, deaths. The nation’s
                                                    of the 2006 American Bar Association                  in Louisiana. By the l970s,       water resource system was designed
                                                    Award for Distinguished Achievement in     Louisiana State University scientists        to make money and elect the folks who
                                                    Environmental Law & Policy. The annual     were documenting the alarming rate of        kept it coming. It was not designed to
                                                    award recognizes individuals who have      land loss between New Orleans and the        save coastal Louisiana or New Orleans.
                                                    made a major contribution in the field.    Gulf of Mexico. They were dismissed             The predictions kept coming. Studies
                                                    His article “Can We Save New Orleans”      as Cassandras, marketers of doom.            by the Environmental Protection Agency,
                                                    was published in Volume 19 of the Tulane   Opposition to the Mississippi River Gulf     science colloquiums, feature articles in
                                                    Environmental Law Journal.                 Outlet and similar channels across South     The Times-Picayune, lead stories in the
                                                                                               Louisiana that threatened to bring the       National Geographic (cover photo: man
                                                                                               Gulf to our doorsteps was treated as trea-   standing up to waist in water on a New
                                                                                               son, offenses against the State. I recall    Orleans street); programs on “Nova,”
                                                                                               a hearing in Morgan City on the Chene,       “NOW” and “60 Minutes” (in one, a
                                                                                               Boeuf and Black canal where the lady         Louisiana hydrologist went around with
                                                                                               speaking before me took off her shoe         a surveyor’s rod marking flood lines on
                                                                                               and pounded it on the podium, Nikita         New Orleans houses) were tossed away
                                                                                               Khrushchev style, declaring, “When God       like Mardi Gras beads. A year and a half
                                                                                               made environmentalists, he should have       before Katrina, federal, state and local
                                                                                               had an abortion!” She brought the house      planners met in the city to war game
                                                                                               down. The Louisiana delegation fought        their responses to a Category 5 storm.
                                                                                               coastal protections tooth and nail,          Following which, nothing happened. They
                                                                                               and took the lead on weakening them.         were off by about one year, one hurricane
                                                                                               The Corps of Engineers was too busy          category and one degree latitude.
T U L A N E L AWYER SPRING/SUMMER 2006




                                                    The breach on the eastern
                                                    floodwall of the 17th Street
                                                    Canal allowed Lake
                                                    Pontchartrain to spill into
                                                    much of New Orleans and
                                                    parts of Old Metairie and
                                                    Old Jefferson. Photo by Brett
                                                    Duke/The Times-Picayune.




24
                                                Here is what we know: Levees around New Orleans are necessary, but

                                                they will never be suff icient. Unless they, in turn, are protected by natural

                                                marshes they will get pounded, undercut, overwashed and fail.




                                                                                                 At the beginning of
                                                                                                 the spring semester,
                                                                                                 Oliver Houck organ-
                                                                                                 ized a multidiscipli-
                                                                                                 nary lecture series
                                                                                                 on the ramifications
                                                                                                 of Katrina.




   All of this is now history, very sad                                canals was in its heyday, and there is no         Nature. We have dedicated entire agen-
history to be sure. The call for Category                              real plan to turn that tide. To be sure, we       cies to those quests. When they fail, we
5 protection is center stage, the Corps                                have something called Coastal 2050, but           double their funding.
is struggling desperately to patch up its                              if all of its projects are fully funded and          Here is the alternative: We start with
long-neglected levees around the city, and                             its ambitions achieved (a tall assump-            restoring the coast, the maximum, and we
by now (almost) everyone seems able to                                 tion), it will reduce the rate of loss from       let nature do it for us. Let the Mississippi
connect the dots between storm surge and                               500,000 acres to 400,000 acres, over 50           River out, as well as the Atchafalaya and
saving the coastal marshes that are our                                years. However reasonable losing nearly           the rest. We don’t micromanage with
first line of defense. The question now is                             half a million more acres of wetlands             diversions and pipelines, we just open
how we approach this, and it is going to                               seemed pre-Katrina, it seems absurd               up gaps and let the rivers go, as they used
be one of the most expensive, difficult                                today. Katrina took out an estimated              to go, for millennia. They built this place
and consequential items on the agenda.                                 135,000 acres of coastal marshes in a             once. They can do it again. We continue
   Here is what we know: Levees around                                 single blow, most of them below New               to work in the zone, as fully as before,
New Orleans are necessary, but they will                               Orleans. We need to think bigger.                 but we don’t live there. We can’t live
never be sufficient. Unless they, in turn,                                 Here are the thoughts on the table:           everywhere and hurricane-protect our-
are protected by natural marshes they                                  One consists of a Maginot Line of lev-            selves and keep the zone alive. We live
will get pounded, undercut, overwashed                                 ees around coastal Louisiana, stretching          instead in raised houses, as before, and
and fail. The Gulf Outlet levees behind                                from Mississippi to Texas. The Corps is           behind ring levees. We can afford this,
marshes held; the ones on open water                                   actively parading it around the coastal           long term. And we can continue to reap
crumbled. We had 80 miles of marsh                                     parishes, offering hopes of ultimate              the benefits of the most productive coast
protection south of the city only 80                                   protection, to say nothing of accelerated         in America for centuries.
years ago. What we have now is about                                   real estate development. The lands                   The Katrina next time may not strike
                                                                                                                                                                        SPRING/SUMMER 2006 T U L A N E L AW YE R




50 miles of torn rags. The same is true                                behind these levees will subside; the             New Orleans head on. But it will strike
below Raceland, Houma, Morgan City,                                    marshes ahead of them, cut off from               South Louisiana, and is likely to come
Lake Charles, around the coast. Beyond                                 water flows and sediments, will erode             soon, and likely to be followed by others,
the immediate salvage job in New                                       and die as well. The costs of building            more vicious than before. Every hurri-
Orleans and the surrounding parishes,                                  such structures will be enormous, and             cane forecast predicts them. We can fight
repairing the coast is Job One.                                        the costs of maintaining them on sinking          them, tooth and nail, or we can design
   We also know this: Our coastal losses                               soils against an encroaching sea will be          the landscape to live with them. One will
have been catastrophic, averaging more                                 greater yet. But there is a great attrac-         work, but it is politically hard. One will
than 20 square miles a year, up to 50                                  tion to the illusion of safety from levees,       not work, but will make us feel better.
square miles when dredging oil and gas                                 and to the idea of beating Mother                 The choice is ours, and it is large.

PA U L A B U R C H - C E L E N TA N O / T U L A N E U N I V E R S I T Y P U B L I C AT I O N S                                                                          25
                                    COMMENCEMENT 2006




                        A D AY T O R E M E M B E R



                                          F
                                                       ew lawyers have been fortu-      receiving their degrees today
                                                       nate enough to celebrate their   have shown their resourceful-
                                                       law school graduation with as    ness, their resilience, their
                                                       much fanfare as the class of     mettle, and their character.”
                                          2006. It was a day of momentous cele-            3L President Jane Lee delivered her
                                          bration to commemorate the end of an          farewell with appropriate observations.
                                          extraordinary senior year.                    “No other class can know what it is to
                                             It began that morning at the New           feel like a 1L again in a new school as
                                          Orleans Arena with an emotional univer-       3Ls,” Lee acknowledged. “However, I
                                          sity wide commencement featuring              firmly believe that the Class of 2006 will
                                          keynote speeches from Presidents George       not be remembered as merely the “hurri-
                                          H. W. Bush and William J. Clinton, a          cane class” but we will be remembered
                                          surprise visit from television talk show      for what we’ve accomplished at Tulane
                                          host Ellen DeGeneres, tributes to New         Law School and in our community. We
                                          Orleans music culture, reminisces about       will also be remembered for the accom-
                                          a difficult but meaningful year and a         plishments we will make in our career,
                                          balloon drop and confetti the likes of        in the legal profession, in nonprofits,
                                          a presidential national convention.           in help saving the environment, and in
                                             That afternoon, in a more intimate         whatever path we choose. All of this,
                                          ceremony on campus, the 324 JD and            which we have been equipped to accom-
                                          LLM graduates received their diplomas,        plish with our Tulane education, will,
                                          officially transitioning from Tulane          undoubtedly, be our true legacy.”
                                          law students to alumni. For the last             Jeffrey Brooks spent his fall semester
                                          fifteen years, the event has been held        at NYU Law School and was glad to
                                          off campus in larger venues; but since        return to Tulane in the spring, storm-
                                          most facilities suffered extensive            tossed as it was. “Sure, things were dif-
                                          damage during Hurricane Katrina,              ferent,” he said. “The air conditioning
                                          Tulane’s Fogelman Arena was gracefully        sometimes would shut down, there were
                                          transformed from a mere basketball            no traffic lights to speak of, and through
                                          gym into a stately setting.                   some of the windows in the law library
                                             Irvin Mayfield, founder and artistic       you had panoramic views of devastated
                                          director of the New Orleans Jazz              homes. But we still had snowball socials,
T U L A N E L AWYER SPRING/SUMMER 2006




                                          Orchestra and spouse of JD graduate           the annual Crawfish Boil and Barristers’
                                          Fatimah Conley opened the ceremony            Ball, classes with our favorite profes-
                                          with the national anthem. Dean                sors…It was my class, not a class-on-loan,
                                          Lawrence Ponoroff then summed up his          and I wouldn’t have it any other way.”
                                          admiration for this “Katrina class” with         By the end of graduation day it was
                                          a compliment: “It’s frequently said that      clear to all—faculty, staff, family, and
                                          dealing with tragic experiences builds        friends, that the Class of 2006 was des-
                                          character,” Ponoroff told the audience.       tined to return to New Orleans not just
                                          “I think that’s wrong; what it does is        to finish their degrees but to properly con-
                                          reveal character, and the men and women       clude an experience they will never forget.

26
                                                                                                                                             This row, left to right:
                                                                                                                                             Grads pose for last
                                                                                                                                             photo; Presidents
                                                                                                                                             Clinton and Bush chat
                                                                                                                                             on stage; academic
                                                                                                                                             procession leaves
                                                                                                                                             Weinmann Hall for
                                                                                                                                             Fogelman Arena.




                                                                                                                 This row, left to right:
                                                                                                                 Tulane President Scott
                                                                                                                 Cowen snaps a quick pic
                                                                                                                 with a ‘robed’ Ellen
                                                                                                                 DeGeneres; law grads
                                                                                                                 rise for one of many
                                                                                                                 ovations; five gentlemen
                                                                                                                 from L’56 celebrate their
                                                                                                                 50th reunion.




This row, left to right:
Stephen Miles wins Faculty
Medal for graduating first in
his class; Charmaine Neville
performs at Wave Goodbye;
Wise Guys rock Dean’s Party
at House of Blues.




                                                                                                                                             This row, left to right:
                                                                                                                                             Keith Werhan is honored
                                                                                                                                             with Frankfurter Award
                                                                                                                                             for Distinguished
                                                                                                                                             Teaching; Irvin Mayfield
                                                                                                                                             opens diploma ceremony
                                                                                                                                             with National Anthem;
                                                                                                                                             unified ceremony ends
                                                                                                                                             with fanfare.




PA U L A B U R C H - C E L E N TA N O A N D N E I L A L E X A N D E R / T U L A N E U N I V E R S I T Y P U B L I C AT I O N S                                   27
                                         IN MEMORIAM



                                             T R I B U T E T O A F R I E N D,
                                             D AV I D G E L FA N D
                                             B Y W E N DY B ROW N S C OT T




                                         When asked to define democracy in one word, David
                                         responded, “access.” In typical lawyer style, he continued,
                                         “equal access.” These two words truly defined his mission.


                                                                                                      For reasons I dare not explain, I remain cautiously optimistic that New Orleans




                                                   I
                                                           ’ll never forget the day I met David
                                                                                                      will regain some of her faded-elegance character, and that we will again be reminded
                                                           Gelfand. After accepting a position
                                                                                                      that the uniqueness of our city is derived from the spirit and vitality its people (of all
                                                           on the faculty, I came to New              races, ethnicities, and classes), not just from the configuration of its buildings. But
                                                           Orleans in April 1989 to look for          even if that vision proves to be a chimera, I know that on Feb. 28, 2006 (Mardi Gras
                                                   housing. (Having lived in New York City            Day), or sooner, real gumbo will tantalize my tongue, Nicholas Payton’s trumpet will
                                                   for 11 years, I knew it would take months          thrill my ears, I will catch throws from a parade on the Avenue, I will sing (as loudly
                                                   to find a place to live—it took four days!)        and poorly as ever), and I will second-line while waving my handkerchief in the air—
                                                   At the law school, I heard that David was          all in my beloved New Orleans. But that handkerchief also must dry the river of tears
                                                   looking for me. He knew from my resume             I have shed for flooded neighborhoods and my lost neighbors. —D AV I D G E L FA N D
                                                   that I had been involved in City Charter
                                                                                                      Excerpt from “The Need for Caution, Creativity and Cooperation in Rebuilding New Orleans after the Flood
                                                   revisions in New York—so had he. In his            Waters Recede,” published on Findlaw.com, Sept. 19, 2005. David Gelfand died six days later in Pensacola, Fla.
                                                   characteristic fast-talking style, he came
                                                   out of his office with an arm full of papers
                                                   talking like a whirlwind about charter         awarded a scholarship to Oxford                          the university committee to design a
                                                   revision, getting together for lunch and       University. He graduated from Pembroke                   new diversity admissions plan, following
                                                   then dashing off. “Wow,” I thought, “he        College of Oxford University with a                      the Supreme Court decision in Grutter
                                                   talks faster than John Kramer!”                Masters of Philosophy in 1974. In 1976,                  v. Gratz. He chaired numerous faculty
                                                      This was the beginning of a long            David graduated from Columbia Law                        committees and helped many students
                                                   and precious friendship. David got me          School. He joined the Tulane Law                         learn constitutional and land use law as
                                                   involved in all kinds of work designed         faculty in 1978.                                         his research assistants. Weeks before his
                                                   to preserve racial and gender equality            Despite his stellar accomplishments,                  death, David founded the nonprofit
                                                   in New Orleans. He worked hard and             David never retreated to the lofty ivy                   organization, From the Lake to the River
                                                   played hard. He loved his wife of almost       tower. Instead, he chose to affirmatively                Foundation, to get the Tulane community
                                                   34 years, Mary, and adored his daughter        seek out ways to advance our rights to                   involved in providing legal help to the
                                                   Katie. He cared for his mother with the        free speech, freedom of religion, equality               citizens of New Orleans in the wake of
                                                   kind of devotion I pray my son will have       and due process. Mary Gelfand shared a                   Hurricane Katrina. The Foundation’s
T U L A N E L AWYER SPRING/SUMMER 2006




                                                   for me. His relationship with Andrea           story with me about David’s high school                  mission is “to facilitate the fair and equi-
                                                   Brigalia—his assistant for many years—         speech contest, which illustrates how far                table distribution of disaster relief to
                                                   was special. He respected and protected        back David demonstrated his commit-                      New Orleanians wherever they may be”
                                                   her, and she kept him straight.                ment to a truly democratic society. When                 post-Katrina. In talking with David about
                                                      David’s credentials were impeccable.        asked to define democracy in one word,                   the foundation I was inspired to propose
                                                   In high school, David excelled at debate,      David responded, “access.” In typical                    the Disaster Relief & Recovery course
                                                   oratory and acting. He was chosen              lawyer style, David continued, “equal                    that is now part of our curriculum.
                                                   valedictorian for his high school grad-        access.” These two words truly defined                   I miss David. We who had the privilege
                                                   uating class and majored in political          David’s mission.                                         of knowing him will always miss him.
                                                   science and urban studies at Columbia             At the law school, David advocated                    But the best way to honor David is to
                                                   University. After graduating from              for racial diversity in the student body                 “do justly and love mercy.” We owe him
28                                                 Columbia with honors, David was                and on the faculty. In 2004, he served on                and this city no less.
From the day he arrived he was a brilliant
classroom teacher, and he displayed great ability to
make his students laugh and enjoy his classes.




REMEMBERING DAN POSIN
B Y H O F F M A N F U L L E R ( L’ 5 6 )




O
                ur friend and colleague       not know him, I was familiar with his
                Dan Posin died on April 19,   published work. He was widely respected
                2006. With his passing we     as a teacher and scholar. From the day
                lost a special person and     he arrived he was a brilliant classroom
Tulane Law School lost a great strength.      teacher, and he displayed great ability to
    A summary of Dan’s life’s work is         make his students laugh and enjoy his
truly impressive, and yet it does not begin   classes. After a few years, however, Dan
to express all that he really was. He grad-   began to move toward teaching and writ-       his wife and children, and protected his
uated from Berkeley, Yale, and NYU; he        ing exclusively in the area of corpora-       private time with them. He did his work
was staff counsel to Ralph Nader at the       tions. His book on takeovers and lever-       well, as his career testifies, but when it
beginning of Nader’s career. He taught        aged buyouts is not only instructive, but     came to time, Dan’s family came first.
law in Nairobi, Kenya; he served as legal     interesting for the nonspecialist to read.       Two years ago, Dan and Kathe suffered
assistant in the Congress; he practiced       He become known to the press as a good        a terrible loss when their young son died.
law in San Francisco. In 1974 Dan began       source for comments on mergers and            We all grieved with them in their sorrow,
his odyssey of American law schools,          takeover battles, and we saw his name         but no one could have thought that Dan
teaching at Hofstra, San Diego, Southern      often in the Wall Street Journal or the       himself would be taken so soon. He was
Methodist, Catholic University, and final-    New York Times. His comments were             in the prime of life and of his career; he
ly finding his law school home at Tulane.     insightful, and frequently witty.             was working on projects, as always, and
He was with us for 15 years, which, of           In fact, one of Dan Posin’s most notable   had just created an imaginative summer
course, was too short a time.                 characteristics was that he was fun. He       program in London. His illness and death
   Dan was my nominee for a faculty           had a droll sense of humor. He was an         were tragic, but his life was a quiet affir-
appointment at Tulane. We needed help         amiable colleague, and we liked him. He       mation. All of us are thankful that we had
in federal taxation, and although I did       also was a truly private person. He loved     Dan with us for these years.



E N D OW E D S C H O L A R S H I P H O N O R S W I L L I A M A. P O RT E O U S , I I I

An adjunct faculty member for over twenty years, Bill Porteous          Bill Porteous was a partner at Porteous, Hainkel and Johnson,
(L’62) was a devoted alumnus of Tulane Law School from the           L.L.P., a New Orleans law firm co-founded by his father in
                                                                                                                                           SPRING/SUMMER 2006 T U L A N E L AW YE R




moment he graduated first in his class in 1962. He died at his       1928. While at Tulane, he was a member of the Order of the
home on March 30 in New Orleans, leaving a legacy of legal           Coif and an editor of the Tulane Law Review. For more than
excellence in the field of maritime law, an achievement honored      forty years he practiced throughout south Louisiana.
by his firm’s endowment of a scholarship in his memory.                 Dean Ponoroff remembered Bill Porteous as “an extraordi-
   “Billy was an integral part of Tulane and proud of his Tulane     narily popular and effective teacher, who put his soul into his
connections,” said Patrick DeRouen (L’90), Porteous’s law part-      teaching and who always gave his students extra time.” A lawyer
ner and member of the law school’s trial advocacy faculty. “By       and a scholar, he wrote a two-volume text for his course “Vessel
establishing the scholarship, we found a way to remember Billy       Finance and Documentation.” He frequently taught the course
and touch people’s lives in the way he did. Billy could have         at Tulane’s summer law program in Greece.
gone anywhere and done anything, but he stayed in New                    To contribute to the fund, please contact Jim Grieshaber
Orleans. This scholarship is going to help a Louisiana law stu-      at 504-314-2968.
dent with an interest in either maritime or environmental law.”                                                                            29
                                         IN MEMORIAM




                                                                                                                                        John was a joyful,
                                                                                                                                        exuberant dean;
                                                                                                                                        he “lived large”
                                                                                                                                        before that phrase
                                                                                                                                        was coined.




                                REBEL WITH A CAUSE—DEAN JOHN KRAMER
                                               B Y J A N E J O H N S O N ( L’ 7 4 )




                                               W
                                                                    hen John Kramer          Assistant U.S. Attorney                    were begun, including the Law and
                                                                    passed away in           Litigator in private practice              Sexuality Journal, the first of its kind
                                                                    March, Tulane Law        Lobbyist on Capitol Hill                   in the country. John established a loan
                                                                    School lost one of its   Leader in the American Bar Association     forgiveness program to pay down the
                                               most vibrant leaders. Many of us knew            and Association of Law Schools, espe-   educational debt of graduates who work
                                               John as dean of Tulane Law School, but           cially the Section on Legal Education   in public interest jobs, and he instituted
                                               he had a rich professional career before      Professor at Georgetown Law School for     the law school’s first mandatory commu-
                                               assuming that position. His resume read          16 years, and associate dean for 10.    nity service program, which became a
                                               like a fake, but it wasn’t:                                                              national model across the United States.
                                                                                                John Kramer arrived at Tulane Law           John was a joyful, exuberant dean;
T U L A N E L AWYER SPRING/SUMMER 2006




                                               Magna cum laude Harvard College,              School in 1986 as a force of nature.       he “lived large” before that phrase was
                                                 Harvard Law                                 Think of a benevolent King Kong set        coined. He became known for his big
                                               Fulbright Scholar                             loose in New Orleans, picking up the law   laugh, big smile, big new building, big-
                                               Clerk for Thurgood Marshall at the            school and giving it a shake. The place    ger faculty and student body, big budgets
                                                 NAACP Legal Defense Fund                    would never be the same. Under John’s      and big parties.
                                               Clerk at the 9th Circuit Court of Appeal      deanship, many flowers bloomed, includ-       John loved it all, but his favorite part
                                               Counsel for Rep. Adam Clayton Powell          ing certificate programs in European       was the law school clinics—the place
                                                 (D-NY), House Committee on                  Legal Studies, Sports Law, Maritime        where law students get to represent real
                                                 Education and Labor in 1965,                Law and Environmental Law. He initiat-     people with real problems. The clinics
                                                 handling antipoverty legislation            ed new summer schools abroad and           represented his perfect storm, an inter-
                                               Executive Director of the National            began the Corporate Law Institute and      section between his scholarly commit-
30                                               Council on Hunger and Malnutrition          the Public Law Center. New journals        ment to innovative legal education and
his passion for social justice. At            The law school clinics represented his perfect storm, an
Georgetown in 1971, he helped create
one of the largest, most admired clinical     intersection between his scholarly commitment to innovative
programs in the country. But his reach
transcended Georgetown. He was the            legal education and his passion for social justice.
godfather of all clinics by virtue of his
role in legislation to secure funding for
clinical education under Title IX.
   When John became dean at Tulane
in 1986, the law school had a small           reading “People for Equal Justice.”              before returning to his beloved New
clinic. Not everyone shared his dream to         Hardest for me to describe is what an         Orleans. But he never quit working, he
expand the clinical programs–there were       incredibly huge heart this man had. John         never complained, he never lost his sense
fights, big ones, at faculty meetings. But    truly loved people. He knew the name             of humor, and never called retreat. He
John never ran away from a good fight.        of every single person who worked at the         was John to the end.
Under his watch, the clinics expanded to      law school, from the highest to the most            There are lessons to be learned from
eight programs with more than 100 stu-        humble, and their children, whom he              John that we should keep in mind during
dents, working in criminal defense, civil     often asked about by name. He went to            the difficult times that lie ahead for the
rights, juvenile law, immigration, legisla-   all the staff meetings to keep up with           law school and New Orleans: Never give
tive and administrative advocacy, appel-      everyone’s work, and all the staff parties       up. Fight for justice and for the poor.
late, and environmental law. More than        to keep up with the gossip.                      Love our institutions and our profession,
4,000 indigent clients have received legal       John’s last year was not easy.                but challenge them as well. Love life,
services from more than 2,000 students.       His health was precarious, and then              and laugh every chance we get. In this
   John pushed for the clinics because,       Hurricane Katrina caused him to evacu-           way we will celebrate the life of John
as he said, “they made students active        ate and bounce around the country                Kramer, and celebrate his legacy.
instead of passive.” But the real reason
for his passion for the clinics was
because they were advocates for the
poor. They often became hot spots for
good causes and good fights, and the
more controversial they got, the better
he liked it. In fact, if we didn’t kick up
enough dust, he thought we weren’t
doing our jobs. Once when I forewarned
him of a complaint I knew was coming,
his reply was typically salty: “Bleep him!
Tell him to take his bleeping complaint
and bleep-bleep-bleep-bleep-bleep.”
                                                                                                                                            SPRING/SUMMER 2006 T U L A N E L AW YE R




   If lawyers asked John to rein in a
clinic engaged in unpopular causes, he
wouldn’t–not only because he supported
the cause, but also because he understood
that such attacks were an assault on aca-
demic freedom. When the Environmental
Law Clinic came under attack for its
work in the area of environmental justice,
John took to the streets in its defense.
One of my favorite photographs of John
is at a protest march in support of the              The portrait of Dean Kramer was unveiled at a dedication ceremony on March 5, 2004.
clinic, beaming broadly in front of a sign           It was painted by Mississippi artist Jason Bouldin.                                    31
                                           THE LAST WORD



                                                                                                           Katrina semester, it becomes a treasured     a tangible symbol at the law school of
                                           T H E I . D. A S A R T                                          keepsake. Recognizing this, 2L Jennifer      our unique fall 2005 semester.”
                                                                                                           Hoekstra developed a collage of I.D.            After the I.D.s were collected, 3L




                                                        N
                                                                          ormally a student I.D.           cards that now hangs in the Dean’s suite.    Ashley Hugunine arranged for the cards
                                                                          card doesn’t hold much              Hoekstra amassed quite a personal         to be scanned so they could be returned
                                                                          meaning, but when issued         collection of I.D. cards by the time she     to students. Another 2L, Lauren Hassler,
                                                                          by a law school for the          enrolled at Wisconsin Law School. “As I      came up with the artistic design for
                                                                                                           was looking at them I realized that they     the collage. A quote from Tulane Law
                                                                                                           were all fairly worthless slips of plastic   Professor Stephen Griffin holds the
This unprecedented catastrophe was followed by
                                                                                                           which had a lot of sentimental value and     heart of the piece.
one of the brightest moments in the history of higher
                                                                                                           that perhaps we could do something with         Hoekstra felt Griffin’s statement
education in the United States. Rising to the occa-
                                                                                                           them when we returned to Tulane.”            was both powerful and illustrative. “It
sion, hundreds of colleges, universities, and profes-
                                                                                                              Hoekstra, a member of the law             summed up perfectly what we were try-
sional schools took in students and faculty affected
                                                                                                           school’s student morale committee, start-    ing to do—express in our own way the
by Katrina and gave them a fall semester they will
                                                                                                           ed working on the collage last fall. “It     gratitude we felt to those who stepped
always remember. This wonderful act of enlightened
                                                                                                           seemed like a great way to commemo-          forward and allowed us to continue our
generosity will stand forever as an example for the
                                                                                                           rate and thank the schools that had taken    education after the hurricane made it
rest of the nation in responding to natural disasters.
                                                                                                           us all in, while at the same time having     impossible to return.”
                                              — S T E P H E N G R I F F I N , P R O F E S S O R O F L AW
  T U L A N E L AWYER SPRING/SUMMER 2006




  32
2 0 0 6–0 7 C A L E N DA R O F E V E N T S
DAT E         EVENT TITLE                                                                                    L O C AT I O N

2006

Sept. 28–29   N E W O R L E A N S FA L L M A R I T I M E L AW S E M I N A R                                  Wyndham Canal Place

Sept. 29      G AU T H I E R L E C T U R E                                                                   Weinmann Hall
5 p.m.        “The Judicial Function in European Law and Pleading in the European Courts”
              by Ian Forrester, Q.C. (LLM’69)

Oct. 25–27    T U L A N E TA X I N S T I T U T E                                                             Hotel Intercontinental

Oct. 27–28    T U L A N E H O M E C O M I N G W E E K E N D A N D FA L L R E U N I O N S                     Various locations
              for Law Classes of 1961, 1971, 1975, 1976, 1981, 1986, and 1996. A reunion is also
              planned for the War Years (1944-1945-1946).

              Questions about fall law reunions? Contact Ellen Brierre at 504-865-5920 or ebrierre@law.tulane.edu.

Oct. 27       L AW S C H O O L H O M E C O M I N G C O C K TA I L PA R T Y                                   Weinmann Hall
5 p.m.

Oct. 28       H O M E C O M I N G G A M E : Tulane vs. Army                                                  Louisiana Superdome
1 p.m.

Nov. 17       T U L A N E E S TAT E P L A N N I N G I N S T I T U T E                                        TBA

2007

Jan. 5        WA S H I N G T O N , D C A L U M N I R E C E P T I O N                                         TBA
6:30 p.m.     in conjunction with the Association of American Law Schools’ Annual Meeting

Mar. 14–16    A D M I R A LT Y L AW I N S T I T U T E                                                        Dixon Hall

Mar. 16       A D M I R A LT Y A L U M N I R E U N I O N                                                     TBA

Mar. 23–24    S P R I N G 2 0 0 7 E N V I R O N M E N TA L L AW C O N F E R E N C E                          Weinmann Hall

Mar. 26       DEUTSCH LECTURE                                                                                Weinmann Hall
6 p.m.        by Luzius Wildhaber, President of the European Court of Human Rights

Mar. 29–30    C O R P O R AT E L AW I N S T I T U T E                                                        Ritz-Carlton Hotel

Mar. 31       L AW R E V I E W B A N Q U E T                                                                 Plimsoll Club
5:30 p.m.

May 19        COMMENCEMENT                                                                                   New Orleans Arena
                                                                                                             NON-PROFIT
                                                                                                             O R G A N I Z AT I O N
                                                                                                             U . S . P O S T A G E PA I D
                                                                                                             NEW ORLEANS, LA
                                                                                                             PERMIT NO. 2697
        T U L A N E U N I V E R S I T Y L AW S C H O O L
        JOHN GIFFEN WEINMANN HALL
        6329 FRERET STREET
        NEW ORLEANS, LA 70118


        A D D R E S S S E RV I C E R E Q U E S T E D




“. . . we will be back and                                 A D D R E S S U P D AT E / C L A S S N O T E
    ready to start a new era                               Send to Ellen Brierre, Director of Alumni Relations
                                                                   Tulane University Law School
    as well as a new academic                                      6329 Freret St.
                                                                   New Orleans, LA 70118
    year. It’s a daunting and                                      Fax 504-862-8578

    exciting challenge that won’t                          Or fill out the form online at http://www.law.tulane.edu/alumni/alumni/noteschangeform.cfm

    always be smooth sailing,
                                                           Name___________________________________________Class Year_______________
    but I am conf ident that as
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    a community—students,
                                                           City ________________________________ State_______ Zip____________________
    faculty, staff, and alumni—
    we are equal to the task.”                             Phone _____________________________________________ Is it new?____________

                                                           Employer _______________________________________________________________
    Dean Lawrence Ponoroff
                                                           Employer Address ________________________________________________________

                                                           City__________________________________ State_______ Zip___________________

                                                           Phone ____________________________________________ Is it new?_____________

                                                           E-mail _________________________________________________________________

                                                           Comments ______________________________________________________________

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