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					Chase                       Salmon P. Chase College of L aw Magazine

northern kentucky universit y   ❘   spring 2003   ❘   volume 1, no.1
dean’s letter

                T  his year we celebrate the 110th Anniversary of
                the Chase College of Law. This provides an ex-
                cellent opportunity to reflect on where we’ve
                                                                       our region and in major firms around the coun-
                                                                       try. Chase graduates are found in large numbers
                                                                       in public service, as heads of legal aid organiza-
                been, where we are, and where we are headed as         tions, local and county legal offices, as prosecu-
                a law school and as an extended community of           tors and public defenders, as state and federal
                Chase graduates.                                       trial and appellate judges, as state and federal
                   Chase College of Law started in 1893 as a part-     legislators, and as lawyers and leaders in state
                time law school that provided opportunity for          and federal executive agencies. A Chase gradu-
                legions of talented individuals from a wide range      ate founded and directs the Children’s Law Cen-
                of other career fields to enter the legal profes-      ter, a local but now nationally recognized public
                sion. That opportunity benefited the many indi-        service organization. In addition, large numbers
                viduals directly, but it also benefited the legal      of Chase graduates are successful business lead-
                profession enormously. But for the Chase part-         ers as legal advisors, the General Counsel, Ex-
                time program, our region’s legal and business          ecutive Vice-Presidents, Presidents, and CEOs of
                communities would have been deprived of many           large and small businesses and corporations, in-
                talented professionals who have made significant       cluding Fortune 500 companies. Chase gradu-
                contributions to our profession and our communities.   ates also are succeeding in education as law pro-
                   Since its early days, the Chase College of Law      fessors, university vice-presidents, and university
                has changed. Shortly after affiliating with a          general counsel. From New York City and Wash-
                young Kentucky college, now Northern Kentucky          ington, D.C. to Seattle, from Chicago to Atlanta
                University, in the early 1970s, Chase started a        and Miami, and throughout our Kentucky-Ohio-
                full-time program to address the needs of a more       Indiana region, Chase graduates continue to dis-
                traditional audience of aspiring lawyers. As this      tinguish themselves as successful legal practitio-
                new program was initiated, however, the law            ners, public servants, business leaders, and com-
                school retained its commitment to the part-time        munity leaders. Chase graduates reflect enor-
                program as a continuing means to provide op-           mous credit and success on our law school.
                portunity to individuals and to strengthen our            One hundred and ten years of success is the
                region’s legal profession.                             product of many contributions by many people.
                   Twice within the last seven years, the Chase        Our law school’s ability to prepare our students
                College of Law has conducted a thorough self-          for future success of the type manifested by our
                assessment, and has reaffirmed its commitment          graduates depends upon a continuing strong co-
                to maintaining and strengthening both the part-        operative partnership among law school staff and
                time and full-time programs to serve the needs         faculty, and Chase graduates and friends who
                of our region and the needs of those seeking to        remain engaged in the life of the school. The
                become members of our legal profession.                engagement of Chase alumni and friends is evi-
                   The measure of a law school’s success ulti-         dent through the commitment of time, talent, and
                mately is the success of its graduates. By that        financial support to the law school, without which
                measure, the Chase College of Law has been and         we could not sustain our high level of achievement.
                continues to be a resounding success. Chase               In our last Newsletter we included a Donor’s
                graduates are community and professional lead-         Honor Roll to recognize and thank those who
                ers throughout our region, from the farthest           made financial contributions to Chase during the
                reaches of Eastern Kentucky to the farthest points     past year. This inaugural issue of Chase, our new
                in Western Kentucky and from the southernmost          law school publication, includes a Service Honor
                area of Kentucky through Ohio. Although the            Roll to recognize the many alumni and friends
                greatest concentration of Chase graduates is           who have contributed their time and talent to a
                throughout Kentucky and Ohio, Chase gradu-             wide range of law school programs. There is no
                ates are succeeding in 45 states, the District of      doubt that all aspects of our law school opera-
                Columbia, and a few foreign countries.                 tions and programs have been strengthened by
                   Chase graduates are successfully engaged in         these generous contributions. Our future suc-
                private practice in the many small law firms           cess depends on continued and strengthened en-
                throughout our region. They are found in large         gagement by an increasing number of Chase
                numbers as associates and partners in all the large    graduates. Please join us in building for the next
                law firms in the principal metropolitan areas of       110 years of success.


Chase                                           S a l m o n P. C h a s e C o l l e g e o f L a w M a g a z i n e   spring 2003
                                                                                                                   volume 1, no.1

                                04                                          07

                                On the Side                                 College of law
                                of Angels                                   turns 110
                                Chase Grad Turns Tragedy                    History of Chase and Its
                                Into Triumph                                110th Anniversary

                                                                            13                                     14
AROUND THE LAW SCHOOL                                                       LEGACY                                 CHASE ADVOCATES

                                                                            15                                     16
                                                                            BILLINGS RECEIVES                      FACULTY
                                                                            FULBRIGHT                              PUBLICATIONS

                                                                            18-20                                  22
                                                                            STUDENT                                WIRED FOR
                                                                            ARTICLES                               SUCCESS

                                                                            METRO RATE

                                                                            24                                     27
ALUMNI NEWS                                                                 SERVICE HONOR                          OUTSTANDING
                                                                            ROLL                                   ALUMNI AWARDS

                                                                            28                                     29
                                                                            CLASS NOTES                            CHASE CALENDAR

                                                                            IN MEMORIAM

                                CONTRIBUTORS                                 CONTRIBUTORS                          PUBLISHER

Terri L. Schierberg ’76 (NKU)   Jim Pickering                                Michael Whiteman                      Nancy Perry ’73 (NKU)
EDITOR                          Director of Communications and               Associate Dean for Law Library        Director of Law School Advancement
                                Special Projects, NKU                        Services and Information Technology
Dionne Laycock ’90 (NKU)                                                                                           Gerard St. Amand
DESIGNER                        Meredith Ludwig                              Rick Bales                            Dean of Salmon P. Chase
                                Alumni Coordinator                           Associate Professor                   College of Law
Joe Ruh

O    n the side
    of angels
                                                                                                            TERRI L. SCHIERBERG
                                                                                                            ASSISTANT ALUMNI
                                                                                                            DIRECTOR/EDITOR, NKU

    S   he has been hailed as an angel by a
        Congressman as well as a
    catastrophically injured, illiterate
                                               moved in with her mother’s family.
                                               From that tragedy a life’s passion and
                                               a multi-disciplinary consulting firm
                                                                                         had an offer of employment. In her
                                                                                         tenure with OCG she was the first
                                                                                         person to hold the title of counsel with
    African-American man, and was once         eventually evolved. Little, Meyers,       the company, and she received seven
    presented a bouquet of daisies by a        Garretson and Associates, Ltd., an        promotions in 11 years. She spent a
    Hells Angel who delivered them to her      individual law practice, helps            total of 12-and-a-half years there,
    on his bike in gratitude for help she      catastrophically injured people           eventually serving as an officer of the
    had given him.                             recover some of what they have lost       company. “It was an odd set of skills
       But she had angels in her life who      in terms of wages and quality of life.    they were seeking at Ohio Casualty,”
    were there for her, too – a grandfather,   The firm also works with insurance        she explained. “They wanted a
    William B. Schutte, an uncle, William      companies.                                financial background which I had,
    J. Schutte, and her mother, Camille          In the process, she discovered a non-   marketing flair which I try, and they
    Meyers. They guided her to the belief      conventional way to use her law           wanted an attorney.
    that she could be and do whatever she      degree thanks to the urging of Chase         “Professor Billings is indeed one of
    put her incredibly gifted and tenacious    Professor Roger Billings, who             God’s best,” she added. “He matched
    mind to, and her career and volunteer      encouraged her to apply with an           up an odd skill set with a wonderful
    activities are testament to that.          insurance company, Ohio Casualty          company. In that match a career was
       So many miracles in the life of Karen   Group (OCG), which was conducting         born.”
    Meyers ’78 can be traced to a tragic       on-campus interviews.
    event that occurred in her own life          She already had a job and was living    Angelic advocacy
    when she was very, very young. At          with her grandfather and her mother          “Joe Marcum, the CEO of Ohio
    the age of two, she lost her father in a   who likewise urged her to interview       Casualty, told me that no one could
    construction accident. There was no        with the company. A half-hour into        ever take my love of books away from
    insurance of any kind, and she and her     the interview she was asked to visit      me and that it was helpful to me in
    mother, who was pregnant at the time,      the home office and within four days      my work with their company,” she

    1971 a B.A. from Thomas More College,      1978 an MBA from Xavier                   1984 Fellowship Life Management
    summa cum laude                            University and an M.Ed.                   Institute
    1978 a J.D. from Chase College of Law      1981 Chartered Life Underwriter

4   cha se

                                                   “ ”
                                                                     I prayed to God

                                                           for an angel and God

                                                                          sent me you.
                                             K AREN MEYERS ’78 WITH OHIO GOVERNOR
                                             ROBERT TAFT AND MICHAEL LAWLESS,
                                             SR. VICE PRESIDENT AND CEO OF FINANCIAL
                                             SETTLEMENT SERVICES, INC. AT THE
                                             SIGNING OF THE STRUCTURED SETTLEMENT
                                             PROTECTION ACT.

remembered.                               longer work, they would then be left         happy.” She once searched out a
    Her love of books and her very        with no income for life. Periodic            voice-activated fishing pole for a
unusual background allowed her to         payments were devised to dissipate           spastic quadriplegic who retained
rise through the ranks quickly and        that risk.                                   some gross motor skills and then
gave her lots of opportunities to serve      California Congressman Jim                incorporated the purchase of that into
on many committees such as                Corman, who helped forge the federal         the settlement agreement.
accounting, product development,          law governing structured settlements,            Her tactics may be a bit
investment, etc.                          told Meyers she “was on the side of          unconventional at times as when she
    The senior vice-president of Ohio     the angels.”                                 demonstrated a point in a very
Casualty and president of the life           She continues her angelic advocacy        ostentatious, some might even say
company proposed financing claims         as partner in Little, Meyers,                outlandish way. Such was the situation
with periodic payments. Meyers did        Garretson, and Associates, Ltd. and as       at one settlement conference when she
the research and wrote the company’s      board member of the National                 filled a bucket with dollars to illustrate
internal white paper on structured        Structured Settlement Trade                  the trust part of the settlement and
settlements. Periodic payments            Association doing plaintiff and defense      displayed a photo of a handicapped-
provide a way to settle claims by         work in facilitating financial planning      equipped car to illustrate the need for
dissipating risks. When a                 for settlement dollars. Her approach         the purchase of a similar replacement
catastrophically injured person           to her work with the catastrophically        vehicle every five years. She also
receives a lump sum payout, there is a    injured is to look not only at the           presented photos of a woman coming
temptation not unlike what happens        bottom line of replacing lost earnings       out of a beauty shop to indicate the
when someone hits the lottery to          and securing rehabilitation and              importance of the injured man’s wife
spend all their windfall in one fell      medical services, but at a total life care   retaining the financial ability to get her
swoop buying big-ticket items like        plan that helps the individual restore       hair and nails done as she had been
houses and cars. When persons are         some of his or her special interests –       accustomed to doing once a month.
permanently disabled and can no           “the things that make someone’s life             The injured man in that case was

1987 Chartered Property Casualty          1990 Xavier University –                     1994 University of Notre Dame –
Underwriter                               post-graduate work in hospital               Certified Structured Settlement
                                          administration                               Consultant (co-developer and
                                                                                       curriculum designer)
                                                                                                                    spring 2003     5



                               WAS THE CATALYST FOR MY CAREER.

                     Karen Meyers

    an illiterate, African-American
    gentleman who was employed as a
    concrete mopper and had lost a leg,
    had his pelvis and hip crushed by a
    truck, and was the father of 12
    children, eight of them minors. His
    wife worked in a cafeteria.
        “He told me ‘I prayed to God for
    an angel and God sent me you,’”
    Meyers recalled.
        It was truly a win-win situation,
    Meyers said, as the plaintiff ’s attorney
    “looked like a hero because she
    allowed it, and everyone, including the
    defendant and insurance company
    walked away feeling so good.”
                                                founded Blue Diamondhead matches
                                                in Middletown. The fellowship and
                                                scholarship paid for all expenses
                                                associated with her undergraduate
                                                degree, which she was able to
                                                complete remarkably in just three
                                                years. She also teaches at Miami
                                                University to which Joe Marcum of
                                                OCG introduced her as a volunteer in
                                                the graduate program conducted there
                                                for high school teachers by the Ohio
                                                Insurance Institute.
                                                   One of her fondest memories as a
                                                TMC student was being on hand to
                                                greet President Lyndon Baines
                                                Johnson when he came to Crestview
                                                                                       she pointed out.
                                                                                          “Out of personal tragedy came
                                                                                       wonderful opportunities – a passion
                                                                                       for helping the injured and their
                                                                                       families and a tremendous respect for
                                                                                       insurance companies, without whom
                                                                                       most settlements would not happen,”

                                                                                          “Chase was perfect for me,” she
                                                                                       added. “I wanted to work and the
                                                                                       night school allowed me to do that. I
                                                                                       went through with my brother Paul
                                                                                       Meyers ’78. I was working for
                                                                                       Baldwin at the time and the company
                                                                                       funded my education.
                                                                                          “Every educational institution has
                                                                                       been very, very helpful to me, but
                                                Hills for the dedication of the new    Chase was the catalyst for my career.”
    Giving back by teaching                     college in 1968.                          And she is never far removed from
       Meyers never forgets those who              She has faced many challenges       the law school – both her partners,
    helped her, and teaches at Thomas           in her various roles as a teacher,     Tom Little ’83 and Matt Garretson
    More College as she had promised to         expert witness, consultant, wife,      ’98, are Chase graduates, too.
    do when she attended there as a             Red Cross volunteer, and board            What’s next for this dedicated and
    Gardner Fellow and Presidential             member, and risen to all of them       energetic attorney – perhaps a Ph.D.
    Scholar – a foundation that was set up      with a passion that burns              or maybe even an M.D.?
    for Ohio students by the man who            fervently.                                The jury is still out. O

6   cha se

                                                                    College of Law Turns 110

                                                                     ‘Night Law
                                                                     a legacy
                                                                     to legal
                                                                      by Jim Pickering
                                                                      Director of Communications and Special Projects, NKU

1893                                                                1896                       1900                             1926                             1930

S EPT . 18, 1893                 O CT . 17, 1893                    M AY 1896                  J UNE 28, 1900                   O CTOBER 1926                    M ARCH 12, 1930
The Cincinnati Commercial        First class is held with 17        First class is graduated   Bachelor of Law degrees          Entrance requirements begin to   YMCA Night Law School
Gazette announces that a         students. Robert M. Ochiltree,     (five).                    conferred upon 65 candidates,    change, eventually from one      Alumni Association is
“Night Law School” has been      founder and first dean, created                               22 in the class of 1900 and 43   year of college to a four-year   founded.
established as a branch of the   the school after realizing the                                to members of 1895-to-1899       bachelor’s degree.
Cincinnati and Hamilton          need for a part-time program                                  classes.
County YMCA.                     for those who didn’t have the
                                 means to go to school full-time.

                                                                                                                                                                       spring 2003       7

  “I have been one acquainted with the night ...”
  — last line of a Robert Frost poem

            In 1893 aspirin was invented, the                          And while there now are more full-                        years required novel ways of teaching:
            zipper patented and the first long-                        time day students than part-time                          “Since Ochiltree was pioneering a new
            distance telephone call completed.                         night students, Chase’s mission                           concept in legal education, he
            Also that year, on a chilly mid-October                    remains the same: to provide the                          continuously had to adapt the
            night and with much less fanfare, 17                       greatest opportunity for a legal                          administrative structure of the school
            students entered a downtown                                education to those best suited to serve                   as it matured.”
            Cincinnati YMCA to become lawyers.                         the profession.
                                                                                                                                 And with each passing year, the school
            Thanks to an Indiana farmer-turned-                        “Although we added a full-time                            reached milestones that would increase
            lawyer who believed in a new                               program in the mid-70s, the part-time                     its chance for longevity: in May 1896
            approach to legal education, the Night                     program remains a major part of our                       the first class (five students) was
            Law School — which would later                             focus,” says Gerard St. Amand, the                        graduated; bachelor of law degrees
            become the Salmon P Chase College                          school’s current dean. “Part-time                         were conferred upon 65 graduates
            of Law — was created.                                      students currently make up                                from the 1895, 1899 and 1900 classes;
                                                                       approximately 45 percent of our                           and throughout it, Chase created a
ROBERT M.                Robert M. Ochiltree,                          students. The part-time program is an                     curriculum to match day law schools.
                         founder and first dean                        integral part of the law school’s
                         of      the      school,                      history, its present and its future.”                     By 1930, pre-law school requirements
                         envisioned a part-time                                                                                  were increasing and being met by
                         program for students                          THE LAWYERS’ SCHOOL                                       Chase administrators. Also that year,
                         who had neither the                           In their book The Lawyers’ School: A                      the YMCA Night Law School Alumni
            finances nor the time to attend full-                      Centennial History of Salmon P.                           Association was founded. In 1943, in
            time, day law classes. He also saw the                     Chase College of Law (Gateway,                            honor of the school’s 50th anniversary,
            program as an opportunity to create                        1995), the authors – C. Maxwell                                                          .
                                                                                                                                 it was renamed the Salmon P Chase
            teaching opportunities for himself and                     Dieffenbach, Stanley E. Harper Jr.                        College of Law, after an Ohio lawyer
            other members of the bench and bar.                               .
                                                                       and W Jack Grosse — chronicle the                         who served as Chief Justice of the U.S.
                                                                       goals, vision and commitment of                           Supreme Court and U.S. Attorney
            One hundred and ten years later,                           those who have been instrumental in                       General, and who was a staunch civil
            aspirin, zippers, phone calls — and,                       creating what is now a Kentucky                           rights activist.
            yes, Chase College of Law — are more                       institution.
            popular than ever. Total enrollment                                                                                  The subsequent decades saw Chase
            (full-time and part-time) for fall 2002                    The authors, all former Chase faculty                     move to gain national accreditation
            was 466 students, the largest                              themselves and key members in the                         and create a private donor support
            enrollment since 1980 (500).                               school’s success, write that the early                    base, build its alumni base and hire more

            1943                                                       1952                                                       1954                         1955

            M AY 28, 1943              S EPT . 16, 1943                1952                             O CT . 10, 1952          O CT . 26, 1954               F EB . 18, 1955
            Name of Night Law School   The 50th anniversary of the     Raymond P. Hutchens is           Chase College of Law     Chase College Foundation is   Col. Harry T. Klein, class of
            changed to the Salmon P.   College of Law is celebrated.   appointed first full-time dean   requests ABA approval.   established to receive and    1910, makes his first
            Chase College of Law.                                      since Robert M. Ochiltree,                                reserve funds from private    substantial gift to the Chase
                                                                       founder.                                                  contributors.                 College Foundation. Other
                                                                                                                                                               gifts follow in 1956 and

  8     cha se

         faculty to accommodate increasing                                  That kept us going.”                                         consider a full-time day division in
         enrollment. In 1954, the Chase                                                                                                  addition to its part-time evening
         College Foundation was established to                              MERGER WITH NKSC                                             division. The American Bar
         receive and reserve funds from private                             But more than a sense of mission was                         Association granted approval to this
         contributors; and in 1959 Chase was                                needed to resolve cramped offices and                        plan in 1975. The first class of full-
         granted full accreditation by the                                  classrooms. Three years after Chase                          time students graduated in May, 1978.
         American Bar Association.                                          celebrated its 75 th anniversary, a                          In 1984, the law school was selected
                                                                            merger agreement was reached                                 for membership in the Association of
         But perhaps the school’s most                                      between the law school and Northern                          American Law Schools.
         significant transformations came with                              Kentucky State College (NKSC). In
         a merger that took it across the river.                            the summer of 1972, classes began at                         Many Chase alumni have come to
         Throughout each decade there was                                   NKSC’s Covington campus.                                     what is fondly called “The Lawyers’
         one growing realization among                                                                                                   School” because they — like those
         administrators, faculty and students —                             “We had halls and windows that                               students whom Dean Ochiltree
         the need for more space.                                           opened!” says Grosse, who was                                envisioned — were earning a living
                                                                            instrumental in the merger. “What can                        during the day and could only attend
  JACK                 Jack Grosse, professor                               I say — the move across the river gave                       part-time, night classes. They’ve also
                       emeritus at Chase and                                us more space and a beautiful view of                        had other reasons.
   ’62                 former dean (1970-78                                 downtown Cincinnati. We had a
                       and 92-93), began                                    parking lot. I no longer had to go                           Sara Sidebottom ’78 was           SARA
                       working as a professor at                            down every two hours and feed the                            teaching full-time in the SIDEBOTTOM
                       the downtown Cincinnati                              downtown parking meters.”                                    Cincinnati Public School     CHASE ’78

         school in 1962. He says the physical                                                                                            System when she began
         conditions were “almost unbearable,”                               In 1976 NKSC earned university                               attending night classes at
         but any discomfort was eased by a                                  status and its name was changed to                           Chase. “Though Chase
         sense of mission by faculty,                                       Northern Kentucky University. In                             was the only evening law school in the
         administrators and students.                                       1982 the law school moved from the                           area, I also wanted to attend my
          “We were teaching law to people who                               Covington campus to Nunn Hall on                             father’s (William P. Sidebottom ’44)
         couldn’t afford to go to law school at                             the Highland Heights campus, where                           alma mater.”
         a full-time, day law school,” Grosse                               it remains today.
         explains. “We recognized that the                                                                                               Today, Sidebottom is vice president for
         facilities were poor, but we believed                              At the time of the Chase-Northern                            legal affairs and general counsel at
         that students were getting a great legal                           Kentucky State College merger in                             NKU. She says her training at Chase
         education, as good as anywhere else.                               1972, the law school began to                                provided excellent preparation for her

         1959                            1960                               1962                              1965                       1968                            1971

         F EB . 24, 1959                 S EPTEMBER 1960                    1962                             S EPTEMBER 1965             N OV . 15, 1968                J ULY 9, 1971
         Full accreditation granted by   The first full-time librarian is   First Juris Doctor degrees are   Law School Admission Test   The 75th anniversary           Merger agreement executed
         ABA, with accreditation by      hired (D. L. Runyan).              awarded.                         (LSAT) becomes admission    celebration of the Chase       with Northern Kentucky State
         New York State Board of         Library collections rise                                            requirement.                College of Law is held. More   College (NKSC). Merger
         Regents following shortly       to 20,000 by 1964.                                                                              than 350 graduates return to   approved by the Kentucky
         thereafter.                                                                                                                     receive J.D. degrees.          Council on Public Higher
                                                                                                                                                                        Education two
                                                                                                                                                                        weeks later.

                                                                                                                                                                                    spring 2003        9

           current position.                                         “I knew to be successful I needed the                 The rewards have been tremendous.”
                                                                     best education possible and, obviously,
           “In addition to substantive law                           Chase provided that opportunity,”                     Guidugli describes his choice of Chase
           courses, Chase offered valuable trial                     explains Guidugli, a judge in the                     using a spiritual term: “I often say how
           practice courses taught by full-time                      Kentucky Court of Appeals (Sixth                      blessed my life has been, and going to
           practitioners,” Sidebottom recalls. “All                  Appellate District).                                  Chase law school has definitely been
           were high-profile, well-respected local                                                                         a great blessing. It thoroughly
           attorneys whose experience and                            Chase, he says, provided him with a                   prepared me for the practice of law.
           knowledge were generously shared.”                        strong classroom environment and                      The practice of law and my judicial
                                                                     exposure to the practical experience he               career have given me countless rewards.”
           By the time she was ready to graduate,                    would need to be a successful lawyer.
           the Crestview Hills, Ky., resident says                                                                         Rick Rothfuss ’77                RICK
           she realized the impact Chase College                     The Wilder, Ky., resident admits that                 readily concedes that       ROTHFUSS

           of Law has had on the region’s legal                      law school was quite difficult for him,               law school was not his      CHASE ’77

           profession: that the “Greater                             but by the time he was preparing for                  first choice after
           Cincinnati legal community (is)                           the bar exam, he was “pleasantly                      graduating: “Chase
           strongly represented by Chase grads                       surprised how everything started to                   chose me. I was
           — judges, prosecutors, defense                            come together and was intertwined.                    primarily interested in pursuing a
           attorneys, magistrates, legal aid, city,                  Classes that I had taken my first year,               postgraduate degree in psychology. I
           state and federal governments, and                        and seemed so difficult and remote,                   applied to law school (Chase) almost
           private business. In the 25 years since                   suddenly made sense and came together.”               as an afterthought.”
           my graduation this influence has
           extended        throughout          the                   He adds that the friendships he made                  Rothfuss turned an afterthought into
           Commonwealth as well.”                                    with his classmates were key to his                   a successful career and business. He
                                                                     surviving law school.                                 is CEO of Lerner, Sampson &
     DAN               BEST                                                                                                Rothfuss, a real estate and creditors
                       EDUCATION                                     “There were many difficult and                        rights firm.
  NKU ’74              POSSIBLE                                      seemingly impossible moments
                       Dan Guidugli, also ’78                        throughout law school that with the                   The Cincinnati resident says the
                       (NKU ’74), says the                           help and support of fellow classmates,                moment he knew Chase was a special
                       part-time program was                         and even professors, I was able to                    place was the first day of class. “I felt
          the major draw for him. But there                          overcome. I was able to make it                       an immediate sense of camaraderie
          were others, as well.                                      through those difficult days and classes.             with my classmates and the feeling of

           1972                                                                                  1973                      1975                      1976
                                                                     “What can I say
                                                                     — the move across
                                                                     the river gave us
                                                                     more space and a
                                                                     beautiful view of

                                                                     –W. Jack Grosse
            J UNE 2, 1972                S UMMER 1972                F ALL 1972                  1973                      F ALL 1975                1976
            Chase College of Law holds   Law school moves from the   Classes begin in Kentucky   First Northern Kentucky   First full-time/day law   Northern Kentucky State
            its last graduation as a     Central Parkway YMCA to     facilities.                 Law Review published.     classes begin.            College is granted university
            Cincinnati law school in     Hankins Hall at NKSC’s                                                                                      status.
            Music Hall.                  Covington Campus.

 10        cha se

being in the right place at the right time.”              conviction, he adds: “Even though my                       position among the premier dual-
                                                          application to Chase was an                                division law schools in the country,
When asked how Chase best prepared                        afterthought,      sometimes       an                      and to be acknowledged nationally as
him for his career, Rothfuss mentions                     afterthought is the best thought.”                         a law school whose graduates are
how effective it was to have classroom                                                                               recognized to be among the most
learning coupled with practical experience.               CHASE TODAY AND TOMORROW                                   capable, skilled, and ethical members
                                                          Robert M. Ochiltree created a chain                        of the legal profession.
“Because I was working as a law clerk                     of “firsts” when classes started at the                                                                 GERARD
while at Chase, I had the best                            YMCA in 1893. These were the first                         “As we strive for this       ST. AMAND

combination for learning,” Rothfuss                       students to attend a YMCA night law                        increasing level of
explains. “Each day I was able to bring                   school in U.S. history; it was the first                   excellence, “ St. Amand
my textbook learning to practical                         night law school in the Tri-state area,                    adds, “one thing we
application. I remember how much                          and only the third in the country; and                     should never forget is
easier civil procedure became while                       they were the inaugural class at a                         the long-standing commitment by
working daily with court filings,                         school that would go on to produce                         Chase to provide the greatest
service of process and virtually all of                   more than 40,000 lawyers, judges and                       opportunity for a legal education to
the processes governed by the rules.                      other legal professionals.                                 those best suited to serve the legal
The same applied to real estate title                                                                                profession …”
work. Learning about it in class and                      Today, Chase continues to excel as
doing title exams the next day made                       students distinguish themselves in                               “I often say how blessed my
the abstract concrete.                                    trial advocacy competitions, moot
                                                          court competitions, law review                                   life has been, and going to
He says his biggest revelation was the                    programs and publications, and in                                Chase law school has
enthusiasm shown by Chase faculty                         individual scholarship in national law
members. “The level of devotion of                        journals. Also, Chase students                                   definitely been a great
Dean Grosse and our professors —                          continue to achieve enormous                                     blessing.”
each professor I had — whether full-                      employment success in clerkships
time or adjunct — impressed me as                         during law school and in a wide range                            — Dan Guidugli
being genuinely dedicated to the task                     of positions upon graduation.
of turning law students into
knowledgeable attorneys.”                                 As for the next 110 years, Dean St.
                                                          Amand says the law school is
Philosophically and with much                             “committed to strengthening its

1978                        1979                           1981                           1982                        1984                     1993

M AY 1978                   M ARCH 29, 1979               D EC . 1981-J AN . 1982        S EPT . 19, 1982            J ANUARY 1984             J AN . 1, 1993
First full-time law class   Chase College of Law Alumni   Law school moves to Nunn       Nunn Hall is dedicated as   Chase is approved for     Chase’s Centennial Year is
graduates.                  Association merged with       Hall on the Highland Heights   the law school building.    membership into the       launched with a 185th
                            NKU Alumni Association        campus.                                                    Association of American   birthday celebration for
                            (effective Nov. 8, 1979).                                                                Law Schools.              Salmon P. Chase.

                                                                                                                                                         spring 2003        11

      Past Deans                                                                                              salmon
      Robert M. Ochiltree
      YMCA Officers
                                                                        1893 to 1916
                                                                        1916 to 1918
                                                                                                              p. Chase
                                                                                                              Salmon P. Chase was born in 1808
      Charles C. Benedict                                               1918 to 1919
                                                                                                              in Cornish, New Hampshire. He
      Gilbert Bettman                                                   1919 to 1929                          graduated from Dartmouth College
                                                                                                              and completed his legal studies
      Floyd Williams                                                    1929 to 1936                          under United States Attorney
      Judge Stanley Mathews                                             1936 to 1952                          General, William Wirt. He passed
                                                                                                              the Ohio Bar in 1829 and opened a
      Ray P Hutchens                                                    1952 to 1967                          law practice in Ohio.
      C. Nicholas Revelos                                               1967 to 1970                          He strongly advocated the rights of
                                                                                                              blacks and women, including the right
      W Jack Grosse                                                     1970 to 1978                          to vote and the right to an education.
                                                                                                              During the 1830s and 1840s, he
      Ovid C. Lewis                                                     1978 to 1979                          became known as the “Attorney
                                                                                                              General of Runaway Slaves” for his
      Glenn Wells                                                       1979 to 1980                          frequent legal defense of runaway
                                                                                                              slaves and others who harbored slaves.
      William R. Jones                                                  1980 to 1985
                                                                                                              In 1850, he was elected United States
      Henry L. Stephens, Jr.                                            1985 to 1992                          Senator from Ohio. At the time,
      W Jack Grosse (interim)
       .                                                                1992 to 1993                          senators were elected by the state’s
                                                                                                              U.S. Representatives. It is said that
      David C. Short                                                    1993 to 1999                          Chase insisted as a condition for his
                                                                                                              accepting this selection that Ohio
      Gerard A. St. Amand                                               1999 to present                       repeal its Black Laws that legislated
                                                                                                              discrimination against blacks.

                                                                                                              In 1856, Chase was elected governor
                                                                                                              of Ohio. He served as governor until
                                                                                                              1860 when President Lincoln
      1997                      1999                       2001                    2003                       appointed him as Secretary of the
                                                                                                              Treasury. During his tenure in this
                                                                                                              post he created the Internal Revenue
                                                                                                              Division and established a national
                                                                                                              banking system. In 1864, President
                                                                                                              Lincoln appointed Chase as Chief
                                                                                                              Justice of the United States Supreme
                                                                                                              Court, where he served until his death
                                                                                                              in 1873.
      1997                      1999                      2001                    2003
      Conversion of the         Creation of the           The Innocence Project   The 110 th anniversary of
      Municipal Law Center to   National Trial Advocacy   added to externship     the Chase College of Law.
      the Local Government      Competition Program.      program.
      Law Center.

12   cha se
                                                                                           AROUND THE LAW SCHOOL



It is defined by Webster's Dictionary as: "Something received from an ancestor or a predecessor
or from the past." To the Chase College of Law, legacy means so much more. Legacies help
define Chase's history and its future. They are a tie that will bind its first 110 years with its
next 110 years. Legacies not only exemplify Chase's prestigious reputation – they are part of
that reputation. If you are part of a Chase legacy, we'd like to hear from you. The fall issue of
Chase magazine will examine the legacies of Chase. If you'd like to be included, call (859) 572-
6467 or mail your information, including how best to contact you, to:

Chase College of Law
Advancement Office
Nunn Hall
Highland Heights, KY 41099

                                                                                                                        spring 2003   13

     chase advocates
                                                                                            TRIAL ADVOCACY TEAM

         For the second straight year, Chase   rounds of the regional tournaments.          received the Kentucky District Judges'
     College of Law's National Trial Advo-     During the competition, the student          Association's Outstanding Trial Advo-
     cacy Team won first runner-up in the      litigators from Chase served as attor-       cate Award for earning the most indi-
     2003 American Trial Lawyers Associa-      neys in a mock civil litigation trial. The   vidual points in the ATLA Competi-
     tion (ATLA) National Student Trial        students served as attorneys for the         tion. John Dunn received the 2002
     Advocacy Competition's Regional           plaintiff during one round of the com-       KATA Outstanding Trial Student
     Tournament on March 2, 2003. Spon-        petition, and served as attorneys for        Award in November 2002. Emily
     sored by Reminger & Reminger, the         the defendant during the next round          Kirtley is nominated for the 2003
     team of Emily Kirtley (3L), Anna          of the competition. The case involved        KATA Outstanding Trial Student Award.
     Schmalz (2L), Andre Campbell (1L),        a bad faith claim against a disability           Thanks to The Lawrence Firm for
     and Chuck Haselwood (2L) finished         insurance company.                           pledging to donate $2500 to the top
     first after defeating Howard in the           Bob Hojnoski, Reminger &                 two National Trial Team members.
     semi-final round. The team lost to        Reminger, and Professor Kathleen             This scholarship will encourage stu-
     Akron in the final round by two points.   Hughes coached the teams. Reminger           dents to develop their trial skills and
         The team of Dana Luther (2L),         & Reminger sponsored the team.               offset expenses for competing in the
     Kim Sanders (3L), Nick Zingarelli         Their donation of time and competi-          national competitions. Also thanks
     (1L), and Colleen Kirkpatrick (1L)        tion expenses amounted to approxi-           goes to American Board of Trial At-
     finished seventh out of 16 teams. This    mately $8,000. Their support had a           torneys (ABOTA) for their continued
     was the first year of competition for     direct impact on the team's success.         donation of $2,500. ABOTA was the
     all eight members.                            In other National Team news, the         first organization to support the team
         Law students from 224 teams com-      team of Emily Kirtley (3L) and               and get it off the ground. Their con-
     peted in 16 regional tournaments na-      Raeshon Mansoor (3L) advanced to             tinued support ensures that the pro-
     tionwide from February 21 through         the semi-final round of the Kentucky         gram grows into a nationally competi-
     March 2, 2003. Only 28 teams, includ-     Mock Trial Competition in Novem-             tive one. For more information, contact
     ing Chase, advanced to the final          ber 2002. Also, Chuck Haselwood              Professor Hughes at (859) 572-5340.

     Moot Court Boasts Success
         Chase offers an active Moot           competitions throughout the country.         finished in third place at the Giles
     Court Program. Participation is vol-         Angela Marcum and Nathan                  Sutherland Intellectual Property com-
     untary and available to students with     Blaske competed in the Thurgood              petition in Boston. The students ad-
     a demonstrated ability and interest       Marshall Constitutional Law Moot             vanced to the semi-finals by beating
     in moot court. The program pro-           Court Competition sponsored by the           schools such as American University
     vides an opportunity for students to      Federal Bar Association in Washing-          and George Washington University.
     develop various legal skills includ-      ton, D.C. and finished in second place          Congratulations to the Moot Court
     ing research, brief writing, and pre-     overall while defeating teams from           teams for continued success in com-
     sentation of oral arguments.              Akron, Howard and Seton Hall.                petitions throughout the United States.
         The Moot Court Board conducts an      Blaske was awarded Overall Oralist
     intramural competition annually, and      and Best Final Round Oralist.
     selects students to compete in various       Laura Frieko and Paul Lemasters

14   cha se
                                                            AROUND THE LAW SCHOOL

congratulations                                               RECEIVES
chase moot court and                                        FULBRIGHT
trial advocacy teams                                           HONOR
Thurgood Marshall constitutional Law                         Chase Professor Roger Billings was
Moot Court Competition – Washington, D.C.                  nominated for and has accepted the
                                                           Fulbright-University of Salzburg Dis-
2nd Place              Angela Marcum and Nathan Blaske     tinguished Chair in Law for the aca-
                                                           demic year 2003-04.
best overall oralist   Nathan Blaske
                                                             As part of the law faculty at the
and best final
round oralist                                              University of Salzburg, Professor
                                                           Billings will be teaching three ad-
                                                           vanced undergraduate or graduate
atla student trial advocacy regional                       courses for four months from March
competition – columbus, OH                                 through June 2004.
                                                             The courses he will be teaching are
2nd Place              Andre Campbell, Chuck Haselwood,
                       Anna Schmalz and Emily Kirtley      the WTO and EU-US External Trade
                                                           Relations lecture, the International
7th place              Dana Luther, Colleen Kirkpatrick,   Business Transactions lecture, and Ne-
                       Kim Sanders and Nick Zingarelli     gotiating and Drafting International
                                                           Business Agreements (an exercise or
                                                           seminar including an introduction to
giles sutherland intellectual property                     relevant aspects of US law).
moot court competition – boston, MA                          The Fulbright Distinguished Chairs
                                                           Program awards are among the most
3rd Place              Laura Frieko and Paul Lemasters     prestigious appointments in the
                                                           Fulbright Scholar Program. Most
                                                           awards are in Western Europe, al-
                                                           though a few are available in Canada
                                                           and Russia.
                                                             Professor Billings said he and his
                                                           wife, Debbie, expect to live some-
                                                           where in Salzburg and look forward
                                                           to making many friends and profes-
                                                           sional contacts there and in Munich
                                                           and Vienna.

                                                                                     spring 2003    15

      faculty publications

     ALLRED     BALES     BILLINGS    BREWER        ELDER       FIRAK         GODSEY        HOUH      HUGHES         RYAN         JONES

      Carol B. Allred                                                        Disappear, part of a symposium in IDAHO L. REV   .
      The Leader as Mediator, in LEADERSHIP ROLES FOR                        (Spring 2003).
          LIBRARIANS 131-53 (2002).                                     (with Christopher J. McFadden and Charles R. Sheppard)
                                                                             GEORGIA APPELLATE PRACTICE (2d ed. West Group
      Richard Bales                                                          2002).
      The Role of Arbitration in Employment Disputes, in ELKOURI        Administrative Law and Procedure, ch. 10 in Civil Procedure:
           & ELKOURI, HOW ARBITRATION WORKS (6th ed.                         Special Remedies and Proceedings, 7 GEORGIA PROCE-
           forthcoming 2003).                                                DURE 204 (2d ed. West Group 2002).
      The Arbitrability of Side and Settlement Agreements in the        (with Kelly S. Wiley) Kentucky Law Survey: Professional
           Collective Bargaining Context, ___ WEST VIRGINIA                                                  .
                                                                             Responsibility, 29 N. KY. L. REV 35 (2002).
           LAW REVIEW ___ (forthcoming 2003).
      (with Katrina Atkins) HIV and the Direct Threat Defense, 91       David A. Elder
           KY. L.J. ___ (forthcoming summer 2003).                      PRIVACY TORTS (2002) (an updated, revised version of THE
      (with Elaine Korb) A Permanent Stop Sign: Why Courts Should            LAW OF PRIVACY (1991 & Supp. 2001)).
           Not Impose Heightened Pleading Standards in § 1983           (with N. Johnson & B. Rishwain) Establishing Constitutional
           Cases, ___ BRANDEIS L.J. ___ (forthcoming spring                  Malice for Defamation and Privacy/False Light Claims
           2003).                                                            When Hidden Cameras and Deception Are Used by the
      (with Sarah Nefzger), Employer Notice Requirements Under                                                       .
                                                                             Newsgatherer, 22 LOY. L.A. ENT. L. REV 327 (2002).
           the Family and Medical Leave Act, 67 MO. L. REV 883
           (2002) (lead article).                                       Nancy Lee Firak
      (with Margaret Maggio) Contracting Around the FAA: The            Norfolk Shipbuilding & Drydock Corp. v. Garris: The Su-
           Enforceability of Private Agreements to Expand Judicial          preme Court Creates a Negligence-Based General Mari-
           Review of Arbitration Awards, 18 OHIO ST. J. DISP   .            time Cause of Action for Wrongful Deaths Occurring in
           RESOL. 151 (2002).                                               State Territorial Waters, 14 U.S.F. MAR. L. J. 1 (2002).
      (with Suzanne Van Wert) Richard Bales, Internet Website
           Jurisdiction, 20 JOHN MARSHALL J. COMPUTER &                 Mark Godsey
           INFO. L. 21 (2001).                                          The Final Frontier of Constitutional Confession Law—The
      (with Ryan Allison) Enjoining Nonparties, 26 AM. J. TRIAL              International Arena: Exploring the Admissibility of
           ADVOC. 79 (2002).                                                 Confessions Taken by U.S. Investigators from Non-
      (with Julie McGhghy) Richard Bales, Insuring Title VII                 Americans Abroad, __ GEO. L.J. ___ (forthcoming April
           Violations, 27 S. ILL. U. L. REV 71 (2002).
                                           .                                 2003).
      (with Samuel D. Elswick) No Harm, No Foul: The OSHRC’s            Miranda’s Final Frontier—The International Arena: A Critical
           Authority to Label an OSH Act Violation de Minimis and            Analysis of U.S. v. Bin Laden, and a Proposal for a New
           to Require No Abatement, 22 N. ILL. U. L. REV 383
                                                          .                  Miranda Exception Abroad, 51 DUKE L.J. 1703 (2002).
           (2002) (lead article).                                       Emily M.S. Houh
                                                                        Critical Interventions: Toward an Expansive Equality Approach
      Roger Billings                                                         to the Doctrine of Good Faith and Fair Dealing in
      2002 Supplement for HANDLING AUTOMOBILE WAR-                                                                 .
                                                                             Contract Law, 88 CORNELL L. REV ___ (forthcoming
          RANTY AND REPOSSESSION CASES, 2d ed.                               2003).
      2002 Supplements for FLOOR PLANNING, RETAIL FI-
          NANCING AND LEASING IN THE AUTOMOBILE                         Kathleen G. Hughes
          INDUSTRY.                                                     KENTUCKY CITY CLERKS’ RESOURCE GUIDE (Apr. 2002)
                                                                            (Kentucky Municipal Clerks’ Ass’n.).
      Edward C. Brewer III
      Some Thoughts on the Process of Making Ethics Rules,              Jennifer Jolly Ryan
         Including How to Make the “Appearance of Impropriety”          Coordinating a Legal Writing Program with the Help of a

16    cha se
                                                                                          AROUND THE LAW SCHOOL


    Course Web Page: Help for Reluctant Leaders and the            David C. Short
    Technology Challenged Professor, __ QUINNIPIAC L.              (with Peter Schmid) Kentucky Law Survey: Environmental
    REV ___ (forthcoming 2003).                                                              .
                                                                        Law, 29 N. KY. L. REV 1 (2002).
William R. Jones                                                   Phillip M. Sparkes
2002 Supplement, KENTUCKY CRIMINAL TRIAL PRAC-                                                                           .
                                                                   From Blueprints to Baseball: Cincinnati, 34 URBAN LAW 345
     TICE (3d ed. 2001) (Harrison Co.).                                 (2002).
                                                                   (with Lisa Wenzel) Kentucky Law Survey: Education Law, 29
Kenneth D. Katkin                                                                     .
                                                                        N. KY. L. REV 115 (2002).
Cable Open Access and Direct Access To INTELSAT, 53 CASE
       .             .
     W RES. L. REV 77 (2002).                                      Mark M. Stavsky
The Second Amendment Today: Historical and Contemporary            (with Adam C. Todd) One Down and One to Go: Supreme
     Perspectives on the Constitutionality of Firearms Regula-          Court Clarifies PLRA’s Exhaustion Requirements, 8
     tion, 29 N. KY. L. REV. 643 (2002).                                               .
                                                                        CORR. L. REP 76 (2002).
(with Laurie Lamb) Kentucky Survey Issue: The Establishment
     Clause, 29 N. KY. L. REV 73 (2002).
                              .                                    Adam Todd
Scientific Fraud entry in THE DICTIONARY OF AMERICAN               Exam Writing as Legal Writing: Teaching and Critiquing Law
     HISTORY (3d ed., Stanley I. Kutler, editor) (February              School Examination Discourse, accepted for publication in
     2003).                                                             Spring 2003 issue of TEMPLE LAW REVIEW       .
Conflicting Perceptions of the Rule of Law, INSIGHTS ON            Academic Support Programs: Effective Support Through a
     LAW & SOCIETY, Vol. 3, No. 2 (forthcoming 2003).                   Systemic Approach, accepted for publication in Volume
                                                                        38:1 of GONZAGA LAW REVIEW
Sharlene W. Lassiter                                               (with Mark M. Stavsky) One Down and One to Go: Supreme
I HAVE A TESTIMONY (publication pending, 2002) (non-                    Court Clarifies PLRA’s Exhaustion Requirements, 8
    fiction,WinePress Publishing, Enumclaw, Washington)                                .
                                                                        CORR. L. REP 76 (2002).
Albert B. Lopez                                                    Michael Whiteman
Racial Profiling and Whren: Searching for Objective Evidence       Supreme Court Editor, Education Law, 25 J. L. & EDUC.
    of the Fourth Amendment on the Nation’s Roads, 90 KY.              (2002).
    L. J. 75 (2002).
$10 and a Denim Jacket? A Model Statute for Compensating           Caryl Yzenbaard
    the Wrongly Convicted, 36 GA. L. REV 665 (2002).
                                          .                        2002 Supplement for RESIDENTIAL REAL ESTATE TRANS-
Book Review, Focusing the Reparations Debate Beyond 1865,              ACTIONS (West).
    69 TENN. L. REV 653 (2002), reviewing ALFRED L.
                       .                                           2002 Supplement for KENTUCKY REAL ESTATE SALES--
    BROPHY, RECONSTRUCTING THE DREAMLAND:                              WITH FORMS 2d ed. (Harrison)
    THE TULSA RACE RIOT OF 1921 (New York, Oxford                  2002 Supplements to Chapter 56 Territories and Possessions
    University Press, 2002).                                           and to Chapter 58 Antarctica of THOMPSON ON REAL
                                                                       PROPERTY, Thomas Edition (Mitchie).
Adrienne Noble Nacev                                               KENTUCKY INTESTACY, WILLS, AND PROBATE (West,
(with Jeremy Rettig) A Survey of Key Issues in Kentucky Elder          forthcoming 2003).
     Law, 29 N. KY. L. REV 139 (2002).
                                                                   Claudia Zaher
Ljubomir Nacev                                                     When a Woman’s Marital Status Determined Her Legal Status:
Ljubomir Nacev, Funding Trusts and Estates - Property                  A Research Guide on the Common Law Doctrine of
    Distributions, 43rd SOUTHWEST OHIO TAX INSTI-                      Coverture, 94 LAW LIBR. J. 459-86 (2002).
    TUTE chapter F (2002).

                                                                                                                     spring 2003    17

                          BY TARA R. JONES

      The threat-to-self defense and the
      americans with disabilities act
     To be published in Southern Illinois University Law Review.

         The Americans with Disabilities Act           hand, many employers and the Equal Em-            such performance cannot be accomplished
     (ADA) was enacted in 1990 to “provide a           ployment Opportunity Commission                   by reasonable accommodation, as required
     clear and comprehensive national mandate          (EEOC) argue that the employer has an             under this subchapter.”6 The statue also
     for the elimination of discrimination             affirmative duty to protect its employees         states that “the term ‘qualification stan-
     against individuals with disabilities.”1 For      when those employees put themselves in            dards’ may include a requirement that an
     the last 12 years, courts have struggled to       harm’s way. The EEOC has interpreted              individual shall not pose a direct threat to
     define and apply the statute.2 The 2002           the language of the ADA as allowing em-           the health or safety of other individuals in
     case of Chevron U.S.A. Inc. v. Echazabal3         ployers to deny employment based on a             the workplace.”7 The Act makes no men-
     is an example of that struggle. This case         direct threat-to-self theory. The Supreme         tion of a threat-to-self defense.
     has been described as one that “could be          Court, in Echazabal, gave deference to               The second argument against the threat-
     one of the most important decisions under         the EEOC regulations.                             to-self defense is a policy argument. For
     the ADA during the 10 years since [the stat-          This article argues that Echazabal was        more than 80 years, the federal govern-
     ute] has been in effect.”4                        wrongly decided, and that the ADA should          ment has taken steps that have been “pro-
         In Echazabal, the Supreme Court de-           be interpreted as forbidding employers            gressively aggressive” in supporting the
     cided that an employer may lawfully deny          from denying employment based on a di-            disabled. 8 This article argues that
     a job to a disabled individual who is able        rect threat to self. Two arguments sup-           Echazabal paternalistically prevents em-
     to perform all essential job tasks and who        port this position. The first is the plain        ployees from deciding for themselves
     poses no threat to the health or safety of        language of the statute. The statute pro-         whether the economic benefit of a job out-
     others but who the employer believes will         vides that “it may be a defense to a charge       weighs the safety risk. In the context of
     be harmed by the job at issue.5 Advocates         of discrimination under this chapter that         sex discrimination, the Supreme Court has
     for the disabled argue that the language and      an alleged application of qualification stan-     said this decision is for the woman, not the
     legislative history of the ADA favor allow-       dards, tests or selection criteria that screen    employer, to make.9 Disabled individuals
     ing employees to choose for themselves            out or tend to screen out or otherwise deny       should have this same choice.
     whether to incur work-related risk, and that      a job or benefit to an individual with a dis-
     employers should not be permitted to deny         ability has been shown to be job-related
     employment on this basis. On the other            and consistent with business necessity, and

       42 U.S.C. § 12101(b)(1) (1994).
       See, e.g., Stradley v. Lafourche Communications, Inc., 869 F. Supp. 442 (E.D.La. 1994) (determining that depression and other mental illnesses
     qualify as disabilities under the ADA).
       122 S. Ct. 2045 (2002).
       See David L. Hudson, Jr., Paternalism Is Out (last visited March 25, 2002) <>.
       See Brief for the Respondent at 1, Chevron U.S.A., Inc. v. Echazabal, 226 F.3d 1063 (9th Cir. 2000) (No. 00-1406).
       42 U.S.C. § 12113(a) (1994).
       42 U.S.C. § 12113(b) (1994) (emphasis added).
       See Scott E. Schaffer, Echazabal v. Chevron USA, Inc.: Conquering the Final Frontier of Paternalistic Employment Practices, 33 Conn. L. Rev. 1441,
     1444-60 (2001) (setting out a detailed history of the ADA and the policies behind it).
       International Union v. Johnson Controls, 499 U.S. 187 (1991).

18   cha se
              BY KATRINA R. ATKINS
               & RICHARD A. BALES

hiv and the Direct Threat Defense
To be published in volume 91 of Kentucky Law Journal.

   This article examines the relationship       the risks that disabled individuals pose to      threat provision. It then illustrates the
between perceptions about HIV and the           others in the workplace. The current stan-       conflict among the circuits regarding the
way those perceptions affect HIV-positive       dard defines “direct threat” as a “signifi-      application of the direct threat provision
employees and their employers.                  cant risk to the health and safety of others     to individuals with HIV and compares dif-
   Congress passed the Americans with           in the workplace.” Essentially, the provi-       fering approaches to risk and whether
Disabilities Act of 1990 to prevent dis-        sion places decisions regarding the safety       those approaches, as well as the circuit
crimination against individuals with dis-       of interacting with HIV-positive individu-       cases, comport with congressional man-
abilities. The direct threat provision of the   als in the hands of the judiciary. The judi-     dates. Finally, the article proposes a new
ADA, denying protections to disabled in-        ciary, in turn, relies on administrative agen-   standard for making direct threat deter-
dividuals who present a direct threat to the    cies, the medical community and, unfor-          minations, focusing on the probability that
health or safety of others in the workplace,    tunately, the public perception of HIV and       a risk will, in fact, materialize, rather than
was intended to strike a balance between        AIDS. Since perception of risk is largely        on perceptions about specific disabilities.
the interest of employers and the rights of     subjective, whether a risk is “significant”      It proposes the following standard for de-
the disabled.                                   is less of a factual question than a social      termining whether a person with a disabil-
   Existing interpretations of employment       construct. Thus, whether ADA protections         ity poses a direct threat to the health and
discrimination law produce answers that         extend to HIV-positive individuals de-           safety of others:
are inconsistent and counter-intuitive. One     pends, in part, on the myths and fears of
group of federal circuits has held that any                                       .
                                                the judiciary in regard to HIV Congress            An individual poses a significant risk and
risk of transmission of the HIV virus pre-      passed the ADA to prevent employers and          a direct threat to the health and safety of
sents a direct threat because the result, no    others from discriminating against the dis-      others in the workplace if, after reason-
matter how remote its occurrence, is death.     abled based on myths and fears. Yet, the         able accommodations are made, there is a
Under this approach, all HIV-positive em-       current standard allows the judiciary to use     reasonable probability that an event will
ployees could be fired, because each em-        those same myths and fears to exclude            occur, causing the risk to materialize and
ployee presents a remote risk of transmis-      some disabled individuals from the pro-          result in significant physical harm to oth-
sion, and because the impact of transmis-       tections Congress intended them to have.         ers in the workplace.
sion is severe should it occur. A second           This article argues that the determina-
group of federal circuits has held that an      tion of whether an individual is a direct           The proposed definition of “direct
employee cannot present a direct threat to      threat to the health and safety of others        threat” or “significant risk” effectuates the
others unless there has been a documented       should adhere to congressional intent; that      purposes of the ADA in two ways. First,
case of transmission by an employee in that     whether a risk is significant must be based      the proposed standard focuses on elements
profession. Yet, the results defy common        on objective scientific knowledge and free       external to the individual with a disabil-
sense because different professions require     from the subjective perceptions of the pub-      ity, reducing the likelihood of allowing ste-
different levels of contact between employ-     lic and the judiciary. The article first pro-    reotypes to influence risk assessment. Sec-
ees or an employee and consumer, produc-        vides a backdrop for discussing how the          ond, the proposed standard is flexible
ing different levels of risk.                   risk of HIV should be evaluated, includ-         enough to allow for an individualized in-
   Inconsistency in applying employment         ing a review of the pathology and epide-         quiry but strict enough to prevent unwar-
discrimination law to HIV-positive em-                             ,
                                                miology of HIV the statutory framework           ranted fears about HIV and other disabili-
ployees results from the failure of Congress    for analyzing contagions under the ADA,          ties to influence risk assessment.
to provide direction on how to evaluate         and the case law interpreting the direct

                                                                                                                                 spring 2003      19

                          BY ELAINE KORB
                         & RICHARD BALES

     A permanent stop sign:                          Why Courts Should Yield
     to the Temptation to Impose Heightened Pleading Standards in § 1983 Cases
     To be published in Brandeis Law Review

        In a modern legal landscape, the notion       sions as to the scope and rationale under-      claim showing that the pleader is entitled
     of heightened pleadings sounds like              lying the decision.                             to relief ” as required under Federal Rules
     rhetoric reminiscent of feudal England,             This has precipitated a split of author-     of Civil Procedure Rule 8(a)(2). Thus, al-
     conjuring up images of medieval barriers         ity among the federal circuits on the pro-      though neither Crawford-El nor
     designed to prevent access to the King’s         priety of heightened pleading require-          Swierkiewicz conclusively resolved the is-
     Court. As archaic as the phenomenon              ments in civil rights actions when a gov-       sue of the legitimacy of heightened plead-
     sounds, contemporary federal courts have         ernment agent is sued in his/her individual     ing standards in § 1983 actions against
     imposed heightened pleading standards on         capacity and/or where intent, motive or         government officials in their individual
     civil rights plaintiffs, partly as a response    other state of mind is at issue. A review       capacity or where intent or state of mind
     to the proliferation of civil rights claims      of federal decisions reveals a pervasive        is at issue, collectively these decisions pro-
     being filed – claims that have become a          lack of consistency. At one end of the          vide a good indication of the direction the
     proverbial thorn in jurists’ sides and to        spectrum, some courts have abandoned            Supreme Court is likely to follow on the
     which federal courts have become                 specificity in pleading, opting instead for     contentious issue in the near future.
     increasingly hostile. As a practical, albeit     requirements that are more consonant               In an attempt to explain the genesis of
     unintentional, effect of these judicially        with notice pleading under the Federal          heightened pleading in American jurispru-
     mandated         heightened         pleading     Rules of Civil Procedure. A second group        dence, as well as the controversy that sur-
     requirements, civil rights plaintiffs’           of courts has continued its pre-                rounds it, this article begins by examin-
     constitutional right of access to the legal      Leatherman posture of imposing a height-        ing the dichotomy between heightened
     system has been severely restricted, as has      ened pleading standard, requiring civil         pleading and the pleading requirements
     their opportunity to seek redress for the        rights plaintiffs to evince more than           evinced in the Federal Rules of Civil Pro-
     violation of federal or constitutional rights    conclusory facts of an alleged constitu-        cedure. Next, the article analyzes the ori-
     by agents of the government.                     tional violation by a government agent          gins of heightened pleading, its apparent
        Prior to 1993, American federal courts        acting under color of state law.                death in certain contexts, and its brief res-
     universally and systematically required             The Supreme Court has again consid-          urrection, and compares the various ap-
     specificity in pleading of plaintiffs com-       ered the propriety of heightened plead-         proaches that the federal circuits have
     mencing actions under 42 U.S.C. § 1983,          ings in two recent decisions. In Crawford-      adopted regarding heightened pleading in
     the federal civil rights statute. In the 1993    El v. Britton,2 the Supreme Court held          the wake of what appeared to be landmark
     landmark decision of Leatherman v.               that a plaintiff bringing a constitutional      decisions by the Supreme Court. Finally,
     Tarrant County Narcotics Intelligence and        action under § 1983 against a government        the article explores the merits and demer-
     Coordination Unit,1 the Supreme Court            official for damages, in which the official’s   its of heightened pleading and concludes
     unanimously held that heightened plead-          improper motive is an essential element,        with a proposal that advocates uniformity,
     ing standards were inapplicable in civil         need not adduce clear and convincing            impartiality, and neutrality: follow the
     rights cases against governmental entities       evidence of that motive to survive sum-         Supreme Court’s lead and completely ab-
     or municipalities where the defense of           mary judgment. Strong dicta in Crawford-        rogate heightened pleading requirements
     immunity was unavailable. The Supreme            El left open, however, the propriety of         in § 1983 cases.
     Court, however, avoided addressing the           heightened pleading requirements in §
     more complex and contentious issue of the        1983 actions involving allegations of il-         (Footnotes)
     propriety of heightened pleading stan-           legal motive, such as racial discrimination.      1
                                                                                                          507 U.S. 163 (1993).
     dards in civil rights cases generally, includ-   In the 2002 case of Swierkiewicz v.
     ing where the defendant is a public offi-        Sorema,3 the Court rejected heightened            2
                                                                                                            523 U.S. 574 (1998).
     cial entitled to immunity. In the wake of        pleading requirements in Title VII and age
     Leatherman, lower federal courts have            discrimination cases, instead requiring           3
                                                                                                            122 S. Ct. 992 (U.S. 2002).
     predictably reached conflicting conclu-          only “a short and plain statement of the

20   cha se
                                                                                    AROUND THE LAW SCHOOL

Chase Externship Program
The legal education received at Chase stretches beyond the classroom. Each year Chase students have the opportu-
nity, through clinical placements, to work with a wide range of local, state and federal legal departments. This past
academic year Chase students received credit for working at:
U.S. District Court, Eastern District    Hamilton County Prosecutor’s             Boone Commonwealth Attorney
  of Kentucky                              Office                                 Clay County Commonwealth’s
  - Covington Division                   Adams County Prosecutor’s Office           Attorney
  - London Division                      Cincinnati Legal Aid                     Cumberland County
Federal Public Defender’s Office         Kentucky Department of Public            Commonwealth’s Attorney
U.S. Department of Labor, Office of        Advocacy                               Kenton County Attorney
  Admin. Law Judges                      Northern Kentucky Legal Aid              Grant County Attorney
National Labor Relations Board             Society
Internal Revenue Service                 Kenton County Circuit Court

  Well actually, P.A.D. never left. Unfortunately, the Frederick Hoffman Chapter of Phi Alpha Delta went inactive a
couple of years ago. However, Chase is proud to announce the pending re-activation of the Hoffman Chapter of
P.A.D. at Chase College of Law. Thanks to the enthusiasm and commitment of several intrepid 1Ls, the Hoffman
Chapter is inches away from full-fledged re-activation. The Dean has already endorsed the re-activation of the
Hoffman Chapter and we are waiting on International Headquarters in Baltimore to transmit their approval (they
may still be digging out from all of the snow!).
    Although official re-activation and recognition is still pending, the current members of the Hoffman Chapter have
been hard at work, laying the ground work for future P   .A.D. events, keeping in mind Phi Alpha Delta’s credo of service
to the students, service to the school, service to the community and service to the profession. The current membership
has already sponsored one event, the Dress for Success seminar at the Men’s Wearhouse in Florence, Ky., which was
open to all Chase students. The Hoffman chapter is working on a similar type of event for the ladies at a women’s
business wear establishment to be conducted in the near future. Members of the Hoffman Chapter of P       .A.D. also have
participated in community service/fund-raising events such as the Polar Bear Plunge held in Newport in support of
Kentucky Special Olympics. Some of our members also assisted the fund-raising efforts of the National Children’s
Cancer Foundation by participating in the St. Baldrick’s Day, head-shaving event. Our gallant members were busy
collecting sponsors and funds so that on Friday, March 14, they could have their heads completely shaved, in front of
many adoring fans and supporters at Jack Quinn’s in Covington.
    This is just a glimpse of the many great things to come out of the re-activation of the Hoffman Chapter of Phi Alpha
Delta at Chase. It is hoped that the fraternal spirit of P.A.D. membership can be revived between current students and
Chase alumni. The Hoffman Chapter would be very honored to receive alumni as guest speakers, mentors, and partners
in future fund-raising and community service efforts. Anyone interested in joining, please contact either Nick Zingarelli
( or Kate Houston ( for more information.

                                                                                                             spring 2003    21

      Wired                            for         success

      from the Chase College of Law Li-               In order to facilitate this rapid      networked printers from their laptops.
      brary. Much has changed, and much           growth in the use of technology for        This solution is a limited one and so
      has stayed the same since you last vis-     research, the Library has steadily built   the library has forged ahead and in-
      ited. The law library remains at the        up its technological infrastructure. Our   stalled a wireless network throughout
      heart of the law school – a place for       state-of-the-art Legal Information         the library and the classroom areas of
      students and faculty to research and        Technology Lab (LIT) has been up-          the Chase College of Law. Now any
      investigate the law, a place for instruc-   graded to include 20 top-of-the-line       student or faculty member can access
      tion and most important of all, a place     PCs with an instructor’s station and a     the Chase server, the Internet (and all
      to interact with colleagues.                ceiling-mounted projector that allows      the databases that the Law Library sub-
          These are exciting times in the field   for live learning experiences. A sepa-     scribes to), and network printing from
      of legal research. Technology is in-        rate six-PC LIT Lab annex has been         anywhere in the building. If students
      creasing at a rate faster than at any       added to allow for extra access when       wish to sit on one of the library’s com-
      other time in human history. Lawyers        the main LIT Lab is full or being used     fortable couches or work together in a
      can see this happening all around           for online training. In addition, a more   group study room, they no longer need
      them. Books are disappearing from           intimate Learning Center has been cre-     to trail wires with them in order to be
      desktops to be replaced by comput-          ated with six PCs and an instructor’s      connected to all that the library offers.
      ers. Desktop computers are being re-        station that is used for vendor presen-    The Library is, in effect, paving the way
      placed by laptops and laptops are be-       tations and presentations to the faculty   to our students’ success on the Infor-
      ing replaced by PDAs. What’s next? It       and is also available for outside groups   mation Superhighway.
      is hard to say for sure, but one thing      (such as alumni) who want to get some          Technology has not only given our
      is certain; this rapid change is bring-     additional online training.                faculty and students greater mobility
      ing information chaos, and there is an          In further support of student and      within the school but it has also helped
      outcry for someone to bring order to        faculty research, the library has pur-     us connect to a greater amount of le-
      the glut of resources floating around       chased and set up a server on which        gal information. The Library has dra-
      in cyberspace.                              every faculty member and student has       matically increased student and faculty
          Law librarians and the Law Li-          file storage space. Each user can log      access to information by subscribing
      brary have stepped up to the plate          on to any computer in the library (or      to Hein Online, a full-text database
      and met this challenge head-on. We          the entire school) and access his or her   of over 250 premier law journals.
      know that many attorneys in practice        files directly from the server. They can   Unlike most online sources, Hein
      today went through law school be-           also print to any one of the library’s     Online provides access to the entire
      fore there were online research ser-        networked laser printers located in the    run of a journal in rich PDF format.
      vices, never mind the Internet. At the      LIT Lab and the LIT Lab annex.             For the user this means that they can
      same time, a growing number of law-             The growing trend among law stu-       view and print out articles in a format
      yers, experienced and novices alike,        dents and lawyers is to use laptop com-    that looks exactly as if they had the
      are embracing the new technologies          puters. Each year we see an increas-       actual print journal in front of them.
      and incorporating them into their le-       ing number of students entering Chase          The library also has become a char-
      gal practices. With this in mind the        with laptop computers. To aid them         ter member of the LLMC-Digital
      Chase College of Law Library is con-        in their legal studies, the library has    project. Over the next five years this
      tinuing to build a strong collection        installed a number of wired carrels        will give Chase Library patrons access
      that incorporates the best of print         that allow students with laptops to        to over 100,000 volumes of legal ma-
      with the best of the online world.          access the server, the Internet and the    terial including federal legislative, ex-

22    cha se
                                                                                        AROUND THE LAW SCHOOL

                                            metro rate
                                            offers tuition
                                            savings to chase
ecutive and judicial materials (dating         Chase College of Law’s history is one of a change of location from its
back to the 1800s), state judicial ma-      earliest days and its alignment with the YMCA in Cincinnati to its current
terials, legal treatises, Native Ameri-     home, the campus of Northern Kentucky University. Never before has Chase
can and military law sources and a          been able to serve its earlier graduates in a way that will benefit future genera-
wealth of foreign and international         tions of Chase students as it can now. As of this year, Chase now offers a
legal materials.                            Metro Rate, a tuition rate that will save certain students more than $100 per
    Subscriptions to databases like         credit hour. In an effort to recognize the significance of the incredible number
Hein Online and LLMC-Digital have           of Chase graduates living in areas in Ohio and Indiana, who are now prepar-
vastly expanded the holdings of the         ing to send their children to Chase, a special rate has been designed to meet
library. Chase’s patrons now have ac-       the requests of a growing number of alumni.
cess to materials equal to that found
in even the largest of American legal           The new Metro Rate is special due to its availability. It is not one that is
research libraries.                         merit- based but is one that any applicant or student will qualify for whose
    The library has not focused exclu-      permanent residence is in the counties of Adams, Brown, Butler, Clermont,
sively on technology to build an ex-        Clinton, Fayette, Hamilton, Highland, and Warren in Ohio and Dearborn,
cellent research collection. The library    Franklin, Jefferson, Ohio, Ripley and Switzerland in Indiana. Associate Dean
has continued its tradition of build-       of Admissions, Kelly Beers says, “We have close ties and an unusual history
ing a strong print collection. Recent       with Ohio alumni, and we are a metropolitan school serving other parts of the
acquisitions include: a collection of       metro area.”
19th and 20th century legal treatises on
constitutional law and jurisprudence,          Chase has nearly 1,500 graduates living in these areas who may one day be
a collection of great American trials       sending their children to their alma mater, and Chase wants to acknowledge
from the 19th century, and a legisla-       the significance of this group and the loyalty of its graduates. To inquire about
tive history of the Internal Revenue        this new rate, contact Dean Beers in the Admissions Office at (859) 572-5490.
acts from the first half of the 20th cen-
tury. The library remains committed
to providing the College of Law with                                                                   METRO RATE
the best possible collection in what-
ever format it appears.                                                                                Full-Time:
    These are exciting times for the                                                                   $7,512 per semester
College of Law, and the library is play-
ing its part to train new lawyers to go                                                                Part-Time:
                                                                                                       $626 per credit hour
out and work in the ever-changing le-
gal world. The next time you are at                                                                    NON-RESIDENT
Chase, stop by the library and see what
we’re doing. Whether you are just vis-                                                                 Full-Time:
iting or need to conduct some re-                                                                      $8,904 per semester
search, we’d love to help you. The
Law Library stands at your service —                                                                   Part-Time:
yesterday, today and beyond.                                                                           $742 per credit hour

                                                                                                                  spring 2003    23

                                          Board of                             David A. Schwarte ’79
        Service                           Governors                            Beverly R. Storm ’80
                                                                               David C. Stratton ’78
                                          2002-2003                            John F. Winkler ’89
        honor                             John W. McNally ’74, President
                                          J. Paul Allen ’92, President-Elect
                                                                               Chase College
                                          James Frooman ’90, Secretary
         roll                             Paige Bendel Ellerman ’99
                                          Jonathan P. Dameron ’91
                                                                               Board 2002-2003
                                          Stephanie Dietz ’94                  David C. Short, President and
                                          Laurie B. Dowell ’88                   Treasurer
                                          Bill Engel ’98                       Jerry R. Jung ’62, Secretary
                                          Kelly Farrish ’78                    Robert L. Bucciere ’66
                                          Nicholas W. Ferrigno ’95             William M. Cussen ’69
                                          Massimino M. Ionna ’99               W. Roger Fry ’66
                                          Paul E. Jones ’79                    Paul Jones ’79
                                          Jennifer L. Lawrence ’96             Raymond E. Lape ’68
                                          Bernard L. McKay ’94                 Norbert Nadel ’65
                                          Edward J. McTigue ’78                Elmer Reis ’51
                                          Norton Roberts ’92                   Steve C. Schatteman ’82
                                          Stephen J. Schuh ’78
                                          Adam Seibel ’99
                                          Melanie Walls ’97                    Northern
                                          Tom Wietholter ’86                   Kentucky law
                                                                               review 2003
                                          Board of                             symposium
                                          Visitors                             Sheila Martin Berry-
                                          2002-2003                              Author and Founder of the Truth in
                                          Mark G. Arnzen                         Justice Website
                                          Stanley M. Chesley                   Hon. Paul Craig Roberts
                                          Wende Morris Cross ’92               Steven A. Drizin-Professor of Law,
                                          William M. Cussen ’69                  Northwestern University
        Top: BOARD OF GOVERN0RS DINNER.   David L. Hausrath                      School of Law
                                          Michael W. Hawkins                   Gary L. Wells-Professor of
                                          Sylvia Sieve Hendon ’75                Psychology, Iowa State University
        Bottom: PAUL E. JONES ’79 AND
        PAIGE ELLERMAN ’99, MEMBERS OF    Richard D. Lawrence ’71              Anne Good-Attorney
        AFTER DINNER.                     Michael C. Murray ’89                Karen A. Goodrow-Assistant Public
                                          Patrick A. Nepute                      Defender, Connecticut
                                          Janet L. Oliver ’91                  Theodore Ponticelli-Forensic
                                          Peter Perlman                          Polygraphist and Author
                                          H. M. Riley ’86
                                          H. Wayne Roberts ’91
                                          Robert E. Sanders
                                          Steve C. Schatteman ’82

24   cha se
                                                                             ALUMNI NEWS

guest speakers                          Right: DEAN ST. AMAND PRESENTING
Steven Gregory                          CHASE GIFTS TO DAN MEYER ’67.
Gail M.Langendorf
Cathy L. Stickels
Kelly Schoening

J. Paul Allen
J. David Bender
Roger Billings
Kathryn Buerger
Robert Calabrese (first-year student)
Ken Dietz
Laurie Dowell
Chrissy Dunn (first-year student)
Brian Ellerman
Paige Ellerman
Kelly Farrish
James Frooman
Lambert Hehl
Rene Heinrich                           Bottom: CHASE COLLEGE FOUNDATION
                                        Left to right: STEVE SCHATTEMAN;
Mike Keeney                             ROBERT BUCCIERE; WILLIAM CUSSEN;
                                        ROGER FRY; JAMES VOTRUBA,
William Knapp                           PRESIDENT, NKU; DAVID SHORT; ELMER
J. R. Linneman                          REIS; PAUL JONES; AND GERARD ST.
                                        AMAND, DEAN; SURROUND MRS.
Chris Longwell                          WILLIAM MORRISSEY, WIDOW OF THE
                                        HONORABLE WILLIAM MORRISSEY, A
John Lucas                              MEMBER OF THE CHASE COLLEGE
                                        FOUNDATION, AT A RECENT DINNER
Ed McTigue                              MEETING OF THE BOARD.
Theresa Mohan
John McNally
Kerri Nunley
Norton Roberts
Jeff Raines
Fred Schneider
Stephen Schuh
Philip Schworer
Michael Walters
Stephanie White (first-year student)
Michael Whiteman
John Winkler
Darren Winslow
Beth Zahneis

                                                                               spring 2003   25

     career                    Frank Mungo                             John J. Fossett
     development               Mike Newman                             Gary Gregory
     J. Paul Allen             T. Stephen Phillips                     Douglas Grothaus
     Richard A. Bernat         Stephen L. Richey                       Mark Guilfoyle
     Stephen R. Burke          Jeffrey S. Rosentiel                    Clay Hundley
     Sean Caldwell             Kimberly Schmaltz                       Stephen Jaeger
     Justin D. Durstock        Allison Steiner                         Karl Kadon
     Kelly Farrish             Karen A. Thomas                         Joseph Kane
     James C. Frooman          Bernadine C. Topazio                    KATA
     Joseph F. Grimme          Bernice Walker                          Bill Kathman
     Jakki Lynn Haussler       William J. Wehr                         David Kelly
     Massamino M. Ionna        J. Gregory Wehrman                      Tom Korbee
     John W. McNally, Jr.      Donald C.Wintersheimer                  Jennifer Lawrence
     Kristi Nelson                                                     Edward Lorenz
     Richard M. Melson         national trial                          Mark Modlin
     Darrell D. Payne          advocacy team                           Richard Smith-Monohan
     Norton B. Roberts                                                 Joy Moore
                               Gregory M. Bartlett
     Sara L. Sidebottom                                                Nick Nighswander
                               Robert Hojnoski
     Julia Stautberg                                                   NLRB
                               Rene Heinrich
     Tina Topazio                                                      Northern Kentucky Legal Aid Society
                               Jason Hennekes
                                                                       Danny Reeves
                               Derek Humfleet
                                                                       Bob Sanders
     Adjunct Faculty           KATA
                                                                       Candy Smith
                               Kentucky District Judges’ Association
     2002-2003                 Richard D. Lawrence
                                                                       Linda Tally Smith
     Tracey Adams                                                      Douglas Stephens
                               Mark Modlin
     Gregory M. Bartlett                                               Karen Thomas
                               Ron Parry
     Eliot Bastian                                                     Dan Tobergte
                               Reminger & Reminger
     William O. Bertelsman                                             Women’s Crisis Center
                               Tad Thomas
     David D. Black            Jay Vaughn
     Roger N. Braden                                                   Management,
     Kim Brooks
                               clinical                                Admissions,
     Laurie B. Dowell                                                  Registrar
     Michael Duncan            program
                                                                       Darrell D. Payne
     Sue Ferrell               Mike Allen
                                                                       Tina Topazio
     John Jay Fossett          Keith Bartley
                                                                       Peggy DeJaco
     Donald F. Frei            William Bertelsman
                                                                       Philip Schworer
     Robert A. Goering, Jr.    Barbara Bonar
     Robert A. Goering, Sr.    David Bunning
     Daniel T. Guidugli        Karen Caldwell
     Robert Hojnoski           Jim Callahan
     Keith W. Johnson          Children’s Law Center
     Donald Mallory            Cincinnati Legal Aid Society
     Henry E. Menninger, Jr.   Greg Davis
     Robert D. Monfort         Department of Public Advocacy
                               Garry Edmondson

26   cha se
                                                                                                    ALUMNI NEWS


The Salmon P. Chase College of Law Alumni Association will be recognizing certain individuals who have
achieved success in the legal field, and who have made significant contributions benefiting Chase Law School
as well as the community at large. While these honors will be presented at a gala in Spring 2004, nominations
may be made at any time during the year, but no later than October 1, 2003. Individuals submitting
nominations should know that the recommended individuals may be contacted for additional information.
A committee appointed by the Board of Governors will review all nominations and select the recipients.

Awards to be Presented:
Recent Outstanding Alumni Award This award will be given to an individual who
graduated from Chase in or after May 1998 and who has distinguished himself or herself through
contributions of outstanding service to the legal profession and the community as a whole.
Lifetime Achievement Award This award will be given to any person who has
demonstrated a commitment to the legal profession, the community and civic and charitable causes and
brings honor to the legal profession. The recipient of this award need not be a graduate of Chase College
of Law.
Chase Gold Medallion Membership Award This award will be given to any
judge or lawyer who has demonstrated his or her dedication to promoting the ideals of Chase College of
Law. The recipient of this award must be a graduate of Chase College of Law whose accomplishments
have brought honor, recognition and distinction to Chase College of Law.

Nominee Information:
NAME: ___________________________________________________________________________
ADDRESS: ________________________________________________________________________

A written statement should accompany this form in support of your nomination.
This narrative statement should not exceed two type-written pages.

NOMINATED BY: ___________________________________________________________________
ADDRESS: ________________________________________________________________________

Please send nominations to:              BERNARD L. M C KAY, ESQ.
                                         FROST BROWN TODD LLC
                                         201 EAST FIFTH STREET, SUITE 2200
                                         CINCINNATI, OHIO 45202

                                                                                                         spring 2003   27

                                                                        class notes
                                                                         Pictured left to right

                                                                         LAWRENCE BROKAMP
                                                                         KENNETH J. CREHAN
                                                                         GLENN D. DENTON
                                                                         KAREN MCLAUGHLIN
                                                                         ROBERT J. THUMANN

     1966                             annual events to gather women     Chamber of Commerce. Glenn          2000
     C. Houston Ebert ’66 is the      from all offices, an informal     is currently with Denton &          Lisa L. Crogan ’00 is currently
     Director of the Kentucky         mentoring program and             Keuler in Paducah, KY.              with Milberg Weiss Bershad
     Lawyer Assistance Program        quarterly marketing events                                            Hynes & Lerach LLP in New
     (KYLAP) with the Kentucky        geared toward women.              1996                                York, NY.
     Bar Association in Frankfort,                                      Charles A. Miracle ’96 is
     KY.                              1982                              currently a Judge Advocate          Saeid Shafizadeh ’00 is a sole
                                      Phyllis K. Lonneman ’82 and       with the U.S. Marine Corps in       practitioner in Louisville, KY.
     1975                             the Lexington firm Lonneman       Washington, D.C.                    He was selected by the
     Richard Goodwin ’75 is           & Associates were honored by                                          Volunteer Lawyer Program of
     currently the Hearing Office     the Legal Aid Society and the     1997                                the Legal Aid Society as an
     U.S. Administrative Law Judge    Lexington Bar Association at      Lawrence Brokamp ’97 has            Outstanding Volunteer Attorney
     for the Fresno Office of         the 2002 Bench & Bar Dinner       become a member of the firm         and was one of the recipients of
     Hearings and Appeals. Dick       for committing countless hours    Cohen, Todd, Kite & Stanford,       that award at the Annual Bench
     has been a U.S. Administrative   of pro-bono work to a variety     LLC. He concentrates in the         and Bar Dinner of the Louis-
     Law Judge since 1996. In         of cases and clients.             areas of taxation, general          ville Bar Association.
     2002 he retired from the U.S.                                      business, estate planning and
     Army Judge Advocate General      1993                              probate. Lawrence is also an        2001
     Corps. Dick retired as a         Winston R. Griffin ’93 and his    adjunct professor of accounting     David A. Ranz ’01 has joined
     Colonel with more than 31        wife, Shannon, welcomed their     for the University of Cincinnati.   the law firm of Statman,
     years of service. He was         first child on March 5, 2002.                                         Harris, Siegel & Eyrich as an
     awarded the Legion of Merit      Park Griffin is doing great.      George M. Sisk ’97 currently        attorney in its litigation
     and Meritorious Service Medal,   Congratulations!                  serves as Assistant General         department, focusing on
     First Oak Leaf Cluster.                                            Counsel to Illinois Secretary of    commercial and general
                                      Linda E. Surber-Slayback ’93      State Jesse White, where he         litigation. David was previously
     1977                             has become an associate with      practices in the areas of           employed with Freund, Freeze
     Philip J. Blomer ’77 was         Weltman, Weinberg & Reis Co.      corporate law, administrative       & Arnold’s Cincinnati office.
     appointed court mediator for     L.P.A. Linda will be working in   law, securities law, legislative
     the Montgomery County            the Foreclosure/Evictions         law and government relations.       2002
     Common Pleas Court in            Department of the Cincinnati      Additionally, Sisk serves on a      Steve Florian ’02 is currently a
     Dayton, OH.                      office. She was previously a      number of civic and religious       staff attorney with the
                                      manager at ATI Title Agency       boards of directors, including      Lexington Fair Housing Council
     1978                             of Ohio.                          the Springfield Jewish              in Lexington, KY.
     Gary Cohen ’78, currently the                                      Federation, Congregation
     executive vice president,        1994                              Temple Israel and the Spring-       Aaron Harper ’02 attained a
     general counsel and secretary    Rodney Young ’94 has joined       field Branch NAACP, among           clerkship with Judge Eugene E.
     for Finish Line, Inc., was       the firm Thompson Hine LLP        others. He currently resides in     Siler, Jr., U.S. Court of Appeals,
     appointed to the ACCA/GCCA       as a member of the intellectual   Springfield, IL.                    6th Circuit in November 2002.
     Board of Directors.              property practice group in its
                                      Cincinnati office.                1998                                Robert J. Thumann ’02 and
     1981                                                               Elizabeth Combs-Risner ’98 is       Kenneth J. Crehan ’02 are new
     Karen McLaughlin ’81 is a        1995                              currently an attorney with          associates with Rendigs, Fry
     member of Frost Brown Todd’s     Glenn D. Denton ’95 has been      Feeney & Murray in Nashville,       Kiely & Dennis, LLP in
     innovative Women’s Project       named the 2003 chair of the       TN.                                 Cincinnati, OH, and will
     steering committee focusing on   board of the Paducah Area                                             practice in the firm’s litigation

28   cha se
                                                                                               ALUMNI NEWS

                                                                    ERNEST F. M C ADAMS, JR.

Chase calendar
 JUne 11                CHASE
 2003                   RECEPTION                  chase grad
                        Kentucky Bar
                                                   speaks at black
                        The Seelbach Hilton
                        Louisville, Kentucky
                                                   history event
                                                   Chase graduate Ernest F. McAdams, Jr. participated in
                        5:00-7:00 p.m.             NKU’s Black History Month. In a program sponsored by
                                                   Chase and the Office of Affirmative Action and
                        GOLF                       Multicultural Affairs, McAdams, prosecutor for the city
 June 27                                           of Cincinnati since 1987, spoke on the role of law in the
 2003                   SCRAMBLE                   black struggle for social justice and how it inspired his
                        Sponsored by the           own choice of a legal career. While at Chase, McAdams
                        Chase Alumni               served as the president of the senior class and of the Black
                        Association                Law Students Association. McAdams graduated in 1979
                        Kenton County              and began his career as a trial attorney in the Hamilton
                        Golf Course                County Public Defender’s office and in private practice.
                                                   McAdams served as the chairman of the Young Lawyers
                                                   Section of the Cincinnati Bar Association in 1985, becom-
 october 15             TALL STACKS                ing the first black attorney to hold that position. He is
 2003                   DINNER                     also a past president of the Black Lawyers Association of
                        CRUISE                     Cincinnati.

                                                   chase grads
                                                   make ‘Best
 spring                 GALA                       Lawyers’ list
 2004                   Sponsored by the           These Chase grads were named to the 2003-2004
                        Chase Alumni               edition of The Best Lawyers in America. Fewer than
                        Association                than three percent of all attorneys in the country were
                        Presentation of            selected for this honor. Congratulations to all.
                        Alumni Awards
                                                   John W. Eilers ’67             Kevin L. Murphy ’81
                                                   Mary J. Healy ’78              Howard L. Richshafer ’75


                                                                                                   spring 2003    29


     Jeffrey S. Schwartz passed       Wilson L. Brumleve passed      Edwin J. Franks passed         was in his third year of law
     away July 16, 2002. He was       away November 11, 2002.        away December 5, 2002.         school at Chase, where he
     a former assistant prosecu-      Wilson, a graduate of Cul-     Edwin was a fourth-genera-     was on the Dean’s List. He
     tor and assistant public de-     ver Military Academy in In-    tion lawyer with Franks &      earned a bachelor’s degree
     fender for Clermont              diana and the University of    Franks. He graduated from      from the University of New
     County. Jeffrey was born in      Cincinnati, graduated from     Miami University in 1942       Orleans and a master ’s
     Richmond, VA, and came to        Chase in 1939. After a         and Chase in 1945. Edwin       degree from Wright State
     the Cincinnati area, gradu-      short stay in Little Rock,     retired from Franks &          University, graduating
     ating from Xavier Univer-        AR, he moved his family to     Franks in 1982, after being    summa cum laude from
     sity and from Chase in           New York City, where he        a 50-year member of the        both universities. He had
     1976. He worked for              began working on espio-        Cincinnati Bar Association.    planned to become a lawyer
     Clermont County from             nage cases for the FBI dur-    He also was a member of        and run for public office,
     1976 until he began prac-        ing WWII. Wilson came          the board of directors of      according to his wife,
     ticing privately in 1985 with    back to Cincinnati to prac-    Provident Bank.                Diana.
     Jim Hunt of Pierce Town-         tice law with his father’s
     ship.                            firm, Brumleve, DeCamp         Harry S. Schwartz passed       Dr. Howard Ravenscraft
                                      and Wood. He retired to        away December 16, 2002.        passed away on April 17,
     William B. Backs passed          Florida in 1977.               Harry graduated from           2003. He attended Chase’s
     away September 5, 2002.                                         Chase in 1947.                 night program. He never
     Bill worked full time at a gas   Carl L. Heck passed away                                      practiced law, but was a
     station while attending          on November 30, 2002.          Bernard L. Raverty passed      consultant in medical mal-
     Xavier University in order       Born in New Castle, IN, the    away on January 6, 2003.       practice cases, testifying for
     for him to attend Chase,         U.S.A.F. Veteran of WWII       Bernard graduated from         plaintiffs or defendants as
     from which he graduated in       and the Korean War gradu-      Chase in 1981 and went on      he believed the facts war-
     1940. While at Chase, he         ated from Chase in 1966        to become the executive di-    ranted.
     was the court constable for      and began teaching in Cin-     rector of the Dayton Bar As-
     the late Judge Fred              cinnati. Carl was a lifetime   sociation.
     Hoffman. He served as a          member of the Masonic
     lawyer for the Veteran’s Ad-     Lodge and a member of the      S. Todd Trusso passed away
     ministration after which he      Cincinnati School Master’s     on February 19, 2003. He
     practiced independently          Bowling Association.           was a supervising senior
     doing right-of-way work for                                     investigator with the U.S.
     the Cincinnati Gas & Elec-                                      Department of Labor and
     tric Company.

30   cha se
nonprofit organization

                                permit no. 2
                                newport, ky
     u.s. postage

                                               Planned or deferred gifts to Northern Kentucky University’s Salmon P.
                                               Chase College of Law may offer the donor significant tax advantages.

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                                               Nancy Bratton Perry
                                               Director of Law School Advancement
Northern kentucky university
Salmon p. chase college of law

                                               Salmon P Chase College of Law
                                               Nunn Hall
highland heights, KY 41099

                                               Highland Heights, KY 41099
                                               (859) 572-5276
                                               (859) 572-6183 - fax
office of the dean

nunn drive

                                               This publication was prepared by Northern Kentucky University and printed with state funds (KRS
                                               57.375). Northern Kentucky University does not discriminate on the basis of race, color, national origin,
                                               sex, disability, age, religion, marital status, sexual orientation or veteran status in training activities or
                                               employment. Educational programs or activities are set forth in accordance with Title IX, Title VI, Title
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