College of Law-What's New-Fall 2013

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66-0913 College of Law What's New Mailer.qxp_2013 10/11/13 2:24 PM Page 1

Dear colleagues,

In 1985, LoyolaUniversity New OrleansCollege of Law becamean early adopter ofexperiential learning

when it formalized a skills requirement in itscurriculum. while classroom work taught studentsthe core concepts behind the law, Loyola’s skillsclasses taught students the practical day-to-dayrequirements of “doing lawyering.”

as our recent recognition by National Jurist andPre Law magazines demonstrates, Loyola hascontinued to innovate in experiential learning. Incollaboration with other law schools throughcoalitions such as educating tomorrow’s Lawyers,Loyola strives to graduate outstanding practice-ready attorneys.

In addition to our work on skills education, ourfaculty has continued to undertake importantscholarship, publishing dozens of new articles,book chapters, and books. Please take a look atsome of the highlights of our faculty’s work in thepages that follow.

sincerely,

María Pabón López, J.D., DeanLoyola University New Orleans College of Law

RECOGNIZED FOR EXCELLENCE IN INNOVATIONLoyola University New Orleans College of Lawwas recently recognized by National Jurist andPre Law magazines as one of the top 25 mostinnovative law schools in the country. theserankings were based on the faculty’s adoption ofa new vision for the College of Law’s skillscurriculum. since 1985, Loyola’s skills programhas provided practical training through classestaught by judges and practitioners to providestudents with skills necessary to makemeaningful contributions to their employers andcommunities from the moment they graduate.

EXPERIENTIAL LEARNING: “PRACTICE TRACKS”the College of Law’s new vision for the skillsprogram adopts a “Practice tracks” approach.Over the course of two years, studentsparticipate in a series of experientially basedskills classes designed to build expertise inpractical aspects of four different practiceareas: Civil Litigation, Criminal Practice,transactional Practice, and social Justice.

the courses are offered in a chronologicalmanner that allows students to understand thenatural progression of a case or matter. In eachPractice track, students are required to

“we developed this focus onpractical training based on theneeds of potential employers

and a changing legal landscape. I am confident that our ‘Practicetracks’ will encourage students

to become more engaged intheir law school education and

will create opportunities to learnessential lawyering skills while

becoming more marketable.”

— Christine CernigliaBrown ’98, J.D. ’03

Coordinator of skills and experiential

Learning

Loyola’s Skills and Experiential Learning P


complete training in client interviewing andcounseling, negotiation, cross-culturalcommunication, law office management, andprofessionalism. Currently, more that 150 lawyersand judges dedicate their time to teaching in theCollege of Law’s skills program.

SAMPLE SKILLS COURSESapplied Legal storyboarding and storytellingPracticing with technologyenvironmental & human Impacts of the BP Oil spillInternational advocacy and Peacekeeping MissionsLouisiana Class action Procedure

WORKING TOGETHER TO REFORM LEGAL EDUCATIONLoyola University New Orleans College of Law ishonored to be part of several coalitions committedto reforming and improving legal education, withparticular attention to experiential learning thatresults in our graduating trial-ready attorneys.

In 2012, the law school consortium EducatingTomorrow’s Lawyers (etL) admitted LoyolaUniversity New Orleans College of Law into itsranks. the 28 law schools comprising the etLconsortium work together to reform models of legaleducation and align it with the needs of an evolvingprofession by providing a supported platform forshared learning, experimentation, ongoingmeasurement, and collective implementation.

Loyola’s College of Law is also part of The Alliancefor Experiential Learning in Law, which includeslegal educators and practitioners affiliated withalmost 100 law schools and legal serviceorganizations.

A NEW DIRECTOR FOR SKILLS AND EXPERIENTIAL LEARNINGLoyola’s skills program is led by Christine CernigliaBrown, Coordinator of Skills and ExperientialLearning. Professor Cerniglia, a Loyola College ofLaw alumna, came to Loyola in 2012 from JohnMarshall Law school in atlanta. at Loyola, sheoversees the creation of skills courses, staffs themwith volunteer judges and attorneys, works withstudents to match their selection of skills courseswith their academic interests and professional goals,and coordinates the externship program that placeslaw students in real-world environments. her effortshave resulted in a dramatic reinvigoration of theskills program by modernizing it and formalizing it aspart of the larger law curriculum, expandingexternship opportunities, increasing outreach toprofessors who wish to integrate skills elements intotheir courses, and working with the CareerDevelopment and Law Practice Center to identifystudents’ needs and address them with particularskills-course regiments.

ning Program Is Among the Nation’s Best


Loyola Law Professor Blaine G. LeCesne providesa legal framework for “gross negligence” andexpert analysis on the BP oil spill trialas the monumental BP oil spill trial advances through its second phase, reporters from the mostprestigious news outlets in the world continue to turn to Loyola Professor of Law BlaineLeCesne for analysis.

an article by LeCesne published in the Michigan State Law Review, “Crude Decisions: Re-examining Degrees of Negligence in the Context of the BP Oil spill,” proposed agroundbreaking framework by which to understand “gross negligence,” a pivotal concept in the trial. No satisfactory working definition of that term currently exists in law—tellingly, thecourt asked attorneys in the BP trial to brief it on the criteria that determine gross negligence.LeCesne hopes his scholarly work will prompt a conversation that will lead to a better workingdefinition. his next article will be a proposed statute for gross negligence that governmentsthroughout the country could adopt.

In the meantime, he continues to field calls from the New York Times, National Law Journal,BBC, al-Jazeera, Wall Street Journal, and other comparable publications asking for his expertlegal analysis. as his scholarly work helps shape the future of environmental law, his analysis inthe media helps guide reporters and the public through this complicated, historic trial.

Blaine G. LeCesne is Donna and John Fraiche Distinguished Professor of Law at LoyolaUniversity New Orleans. His areas of expertise are Louisiana Civil Procedure, Criminal Law,Torts, and Trial Advocacy.

FACULTY SPOTLIGHT


MARY GARVEY ALGEROwarren e. Mouledoux Distinguished Professor of Law

ConsideringPrecedent inLouisiana: Strikingthe Right BalanceBetweenPredictability andCertainty ofInterpretation onthe One Hand, and

Flexibility and Re-Interpretation onthe Other, 58 LOY. L. REV. 113 (2012)LOUISIANA LEGAL RESEARCH (CarolinaAcademic Press, 2d ed. 2013)

HILARY ALLENassistant Professor of LawIs Financial Instability A TaxProblem With A Tax Solution?, BNABANKING REPORT, JULY 2, 2013 AT 38

JOHN F. BLEVINSassociate Professor of Law

Uncertainty asEnforcementMechanism: TheNew Expansion ofSecondaryCopyright Liability

to Internet Platforms, 34 CARDOZO. L. REV. 1821 (2013)

CHERYL P. BUCHERTassociate Clinical Professor of LawFAMILY LAW, IN LOUISIANA CIVIL

PRACTICE FORMS 195 (West, 2013 ed.)

DANE S. CIOLINOalvin R. Christovich Distinguished Professor of LawLOUISIANA CRIMINAL LAW: CASES AND

MATERIALS (Esquire Books, 2013) (Co-author, with Bobby MarzineHarges & Wendy Shea)

LOUISIANA LEGALETHICS: STANDARDSAND COMMENTARY

(Createspace,2013)

MITCHELL F. CRUSTOProfessor of Law

EmpathicDialogue: From Formalismto ValuePrinciples,65 SMU L. REV. 845 (2012)

DOMINIQUE M. CUSTOSJudge John D. wessel Distinguished Professor of LawThe Guarantees of Independence ofAgency Quasi-Judicial Function inLouisiana: Towards a French Wayof Judicial Review of AdministrativeAction?, in INDÉPENDANCE(S), ÉTUDESOFFERTES AU PROFESSEUR JEAN-LOUISAUTIN 527 (Université de Montpellier;Michel Clapié, Sébastien Dénaja &Pascale Idoux eds., 2012)

DAVIDA FINGERassistant Clinical Professor of LawFEMA’s Post-disaster GrantRecoupment: Hurricane Survivors Still Struggling Seven Years Later, 32 CLEARINGHOUSE REV. 175 (2012)

ROBERT A. GARDA, JR.Fanny edith winn Distinguished Professor of LawDisabled Students’ Rights ofAccess to Charter Schools underthe IDEA, Section 504 and theADA, 32 J. NAT’L ASS’N ADMIN. L.JUDICIARY 516 (2012)

The Legal Impact of EmergingGovernance Models on PublicEducation and its Office Holders, 45 URB. L. 21 (2013) (Co-author, withDavid Doty)

Students With Disabilities, inEDUCATION LAW: EQUALITY, FAIRNESS,AND REFORM 467 (Aspen Publishers; Derek Black ed., 2013)

DAVID W. GRUNINGwilliam L. Crowe, sr. Professor of Law

LOUISIANA CIVIL

LAW TREATISE:SALES (WEST,2012) (Co-author,with Dian Tooley-Knoblett)

BOBBY MARZINE HARGESadams & Reese DistinguishedProfessor of Law

HARGES AND

JONES’ LOUISIANA

EVIDENCE (WEST,2013) (Co-author, withRussell Jones)

LOUISIANA CRIMINAL LAW: CASES AND

MATERIALS (Esquire Books, 2013) (Co-author, with Dane S. Ciolino &Wendy Shea)

JOHANNA KALBassociate Professor of LawGuantanamo Continued, inVIOLENCE: DOWE KNOW ITWHENWE

SEE IT? A READER 289 (CarolinaAcademic Press; Dee Wood Harper,Lydia Voigt & William E. Thorntoneds., 2012)

The JudicialRole in NewDemocracies:A StrategicAccount ofComparativeCitation, 38YALE J. INT’L L.423 (2013)

BLAINE G. LECESNEDonna and John FraicheDistinguished Professor of Law

Crude Decisions:Re-ExaminingDegrees ofNegligence in theContext of theBP Oil Spill, 2012MICH. ST. L. REV.103

MARÍA PABÓN LÓPEZDean of the College of LawJudge adrian G. DuplantierDistinguished Professor of LawReflections About Legal Educationand Justice from the Perspective ofa Latina Law School Dean, 48 CAL.W. L. REV. 431 (2012)

Women Leaders in the Areas ofHigher Education, the LegalProfession and Corporate Boards:Continued Challenges andOpportunities, 9 SOCIO-LEGAL REV.60 (2013) (Co-author, with NatashaLacoste)

JOHN A. LOVETTassociate Dean for FacultyDevelopment and academicaffairs; De Van Daggett, Jr.,Distinguished Professor of LawTragedy or Triumph in Post-Katrina New Orleans?: Reflectionson Possession, Dispossession,Demographic Change andAffordable Housing, XL FORDHAM

URB. L.J. CITY SQUARE 22 (2013)

SCHOLARSHIP BY COLLEGE OF LAW FACULTY


SCHOLARSHIP BY COLLEGE OF LAW FACULTY

M. ISABEL MEDINAFerris Family Distinguished Professor of LawThe Challenges of FacilitatingEffective Legal Defense inDeportation Proceedings: Allowing Nonlawyer Practice ofLaw Through AccreditedRepresentatives in Removals, 53 S.TEX. L. REV. 459 (2012)

Making History–Loyola UniversityNew Orleans College of LawWelcomes Dean María PabónLópez, 58 LOY. L. REV. 1 (2012)(Lead author, with Kathryn V. Lorio,Lawrence W. Moore, S.J., andNatasha Lacoste)

DENISE PILIEacademic success InstructorSETTLEMENT AND ALTERNATIVE DISPUTE

RESOLUTION, IN LOUISIANA CIVIL

PRETRIAL PROCEDURE 899 (West; MaxTobias., Jr., John M. Landis & GeraldE. Meunier eds., 2012)

LOUISIANA CIVIL

PRACTICE FORMS

(WEST, 2013 ED.)(Co-editor, withSusan B. Kohn)

MARKUS G. PUDERthe honorable herbert w.Christenberry Professor of Law

Federalism andMixity in theUnited States: A Survey ofFederal JudgesRegarding ErieCourts andLouisiana’s Civil

Law, 77 RABEL J. OF COMP. AND INT’LPRIVATE L. 251 (2013)

Uncertain Land Titles in Louisiana'sFormative Years: Colonial Grants,John Marshall's Foster Opinion,and Lauterpachtian InterplaysBetween Private Law andInternational Law, 53 AM. J. LEGALHIST. 329 (2013)

WILLIAM P. QUIGLEYJanet Mary Riley DistinguishedProfessor of LawPublic Housing and Katrina, inBUILDING COMMUNITY RESILIENCE POST-DISASTER: A GUIDE FOR AFFORDABLE

HOUSING AND COMMUNITY ECONOMIC

DEVELOPMENT PRACTITIONERS (ABA,Dorcas R. Gilmore & Diane M.Standaert eds., 2013)

CRAIG SENNassociate Professor of Law

EndingDiscriminatoryDamages, 64 ALA.L. REV. 187 (2012)

KAREN C. SOKOLassociate Professor of LawThe Possibility of ClimateManufacturing and the Need forGlobal Governance, in The GlobalCommunity Yearbook ofInternational Law & Jurisprudencein GLOBAL TRENDS: LAW, POLICY &JUSTICE ESSAYS IN HONOUR OF

PROFESSOR GIULIANA ZICCARDICAPALDO 563 (Oxford UniversityPress; M. Cherif Bassiouni et al. eds.,2013)

LESLIE A. SHOEBOTHAMProfessor of Law

Off the FourthAmendmentLeash?: LawEnforcementIncentives to UseUnreliable Drug-Detection Dogs,

14 LOY. J. PUB. INT. L. 251 (2013)

STEPHEN SINGER assistant Clinical Professor of Law

Fear and Loathingat the U.S. Border,82 MISS. L.J. 833(2013) (Co-author,with Janet C.Hoeffel)

IMRE S. SZALAIassociate Professor of LawOUTSOURCING JUSTICE: THE RISE OF

MODERN ARBITRATION LAWS IN AMERICA

(Carolina Academic Press, 2013)

DIAN TOOLEY-KNOBLETTJones walker DistinguishedProfessor of LawLOUISIANA CIVIL LAW TREATISE: SALES(WEST, 2012) (Co-author, with DavidW. Gruning)

SANDI VARNADOassociate Professor of LawLOUISIANA LAW OFOBLIGATIONS: A METHODOLOGICAL & COMPARATIVE

PERSPECTIVE: CASES, TEXTS ANDMATERIALS (Carolina Academic Press,2013) (Co-author, with Alain A.Levasseur & Randall Trahan)

ROBERT R.M. VERCHICKGauthier-st. Martin eminentscholar and Chair inenvironmental LawDisaster Justice: The Geography ofHuman Capability, 23 DUKE ENVTL.L. & POL’Y FORUM 23 (2012)

Blow Out in the Gulf of Mexico:Assessing Environmental Damagesand Minimizing Risk, 56 LAW &TECH. 10 (2012) (co-author withStephen Wussow) (translated intoJapanese by Tadashi Otsuka)


FACULTY SPOTLIGHT

Professor MarkusPuder EmbodiesLoyola’s GlobalScope

the College of Law counts among its distinctstrengths an international perspective on legaleducation. Markus Puder, the honorableherbert w. Christenberry professor of law, isamong the current faculty cultivating Loyola’sglobal scope. Puder leads the College of Law’sForeign summer Program on Loyola’s campus,which educates and grants LL.M. degrees toattorneys from throughout the world, qualifyingthem to sit for U.s. bar associations.

Puder also represents Loyola at the summerschool of european Private Law at theUniversity of salzburg, austria. Loyola is the only U.s. law school invited to this elite program,the only one of its kind sponsored by theeuropean Commission.

as the College of Law expands its internationalreach, Puder is forging even more partnershipsto provide Loyola students global opportunities.he is currently leading talks with law schools inColombia, spain, and France to explore potentialcollaborations, and he is spearheading the 2015 launch of Loyola’s summer program in PanamaCity, Panama.

A new book by Imre Szalai provides a rich understanding of arbitration law

Drawing on previously untapped archivalsources, associate Professor of Law Imreszalai’s new book, Outsourcing Justice: TheRise of Modern Arbitration Laws inAmerica, explores the many differentpeople, institutions, forces, beliefs, andevents that led to the enactment of modernarbitration laws during the 1920s andexamines why U.s. arbitration laws radicallychanged during this period. the book

demonstrates how the U.s. supreme Court has grosslymisconstrued these laws and unjustifiably created an expansive,informal, private system of justice that touches almost everyaspect of american society and impacts the lives of millions.

these historical sources help demonstrate that the enactmentof modern arbitration laws during the Roaring twenties wasaccompanied by sincere, idealistic hope; passionate anddedicated individuals and organizations; great expectations;generosity; a measure of serendipity, and celebrations fitting forthe Great Gatsby. at the same time, these sources help demonstrate that the origins and development of these lawshave a darker side: of frustration, fear, jealous competition, thehorrors of war, betrayal, greed, and usurpation of power. szalai’srich history of the arbitration reform movement, which hasnever been fully explored, leads readers to a deeperunderstanding of U.s. arbitration laws.


COLLEGE OF LAW7214 St. Charles Avenue Box 902New Orleans, LA 70118


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College of Law-What's New-Fall 2013