willkommen in - Saint Louis University
willkommen in - Saint Louis University
willkommen in - Saint Louis University
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Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> School of Law Fall 2006<br />
<strong>willkommen</strong> <strong>in</strong><br />
berl<strong>in</strong><br />
The Lifesaver<br />
Serv<strong>in</strong>g Her Country<br />
A Journey Toward Justice<br />
Reunion 2006
dean’s<br />
meSSAge<br />
TThe ice and snowstorm of early December<br />
<strong>in</strong> St. <strong>Louis</strong> ushered <strong>in</strong> w<strong>in</strong>ter, and presided<br />
over the end of fall classes. As I write this<br />
note, our students are tak<strong>in</strong>g exam<strong>in</strong>ations<br />
and our faculty is beg<strong>in</strong>n<strong>in</strong>g the laborious<br />
task of read<strong>in</strong>g hundreds of exam<strong>in</strong>ations<br />
and papers.<br />
As you will see <strong>in</strong> the pages that follow,<br />
the fall semester provided a rich, textured<br />
and diverse menu of extracurricular<br />
offer<strong>in</strong>gs for our students. Take, for<br />
example, Health Law Moot Court.<br />
Students from our very own Health Law<br />
Moot Court team won this year’s National<br />
Health Law Moot Court Competition!<br />
This was a fitt<strong>in</strong>g victory for a team fielded<br />
by the nation’s best Health Law program!<br />
This victory is just one of the many<br />
that illustrate the ways <strong>in</strong> which the central<br />
activity at the School is the academic work<br />
of our 950 students and their 51 full-time<br />
and 25 adjunct faculty. This is the heart of<br />
the School of Law and it has never been<br />
more vibrant.<br />
Visit<strong>in</strong>g professors are also <strong>in</strong>cluded <strong>in</strong><br />
this list, and fall saw the arrival of Hauwa<br />
Ibrahim, our colleague from Nigeria, who<br />
photo by Kev<strong>in</strong> Lowder<br />
taught our students about West African<br />
Legal Systems. A remarkable woman, Ms.<br />
Ibrahim’s story is profiled on page 12.<br />
Scholars and visit<strong>in</strong>g practitioners also<br />
aid our students’ understand<strong>in</strong>g of the law.<br />
We were pleased to host one of our D.C.<br />
alums, Mal Hark<strong>in</strong>s, as this year’s Center<br />
for Health Law Studies Practitioner-<strong>in</strong>-<br />
Residence. Judge Raymond W. Gruender<br />
of the U.S. Court of Appeals for the 8th<br />
Circuit served as Jurist-<strong>in</strong>-Residence,<br />
visit<strong>in</strong>g classes and meet<strong>in</strong>g with students<br />
and faculty, and our students benefited<br />
from countless speakers <strong>in</strong> the legal field,<br />
most of whom are listed on page 2. We<br />
also had moments, like the one on October<br />
19, where legal issues weren’t the focus.<br />
Instead, a sizable crowd gathered <strong>in</strong> the<br />
William H. Kniep Courtroom to share<br />
stories about Judge Theodore McMillian,<br />
’49, <strong>in</strong> a portrait ceremony held <strong>in</strong> his<br />
memory. It was truly a touch<strong>in</strong>g occasion.<br />
You may notice that this issue has<br />
an <strong>in</strong>ternational theme. The School has a<br />
connection to so much — both here and<br />
abroad — and we wanted to keep you up<br />
to date. We <strong>in</strong>troduce you, on page 8, to<br />
our newly launched Summer Law Program<br />
<strong>in</strong> Berl<strong>in</strong>, which is already generat<strong>in</strong>g<br />
quite a bit of buzz. You’ll f<strong>in</strong>d profiles of<br />
two <strong>in</strong>ternational alums, Khavan Sok, a<br />
researcher <strong>in</strong> the Office of Co-Investigat<strong>in</strong>g<br />
Judges, Cambodian Genocide Tribunal,<br />
and Don Anton, a professor at the<br />
<strong>University</strong> of Melbourne Law School.<br />
Also featured are profiles of Stephen<br />
J. Murphy, ’87, and Jacquel<strong>in</strong>e Albus,<br />
’99, who are do<strong>in</strong>g some great th<strong>in</strong>gs <strong>in</strong><br />
Michigan and Chicago, respectively. I<br />
th<strong>in</strong>k you’ll f<strong>in</strong>d this issue to be filled with<br />
all sorts of <strong>in</strong>terest<strong>in</strong>g stories.<br />
As a f<strong>in</strong>al note, I send my greet<strong>in</strong>gs<br />
to all for a wonderful holiday season. We<br />
appreciate your support of the School of<br />
Law. You make a difference!<br />
S<strong>in</strong>cerely Yours,<br />
Jeffrey E. Lewis<br />
Dean and Professor of Law<br />
SAINT LOUIS<br />
BRIEF<br />
On the Cover:<br />
Rema<strong>in</strong>s of the Berl<strong>in</strong> Wall<br />
Photo courtesy of Emily Barbara, 3L,<br />
and Kent Bartholomew, 3L<br />
Assistant Dean for<br />
Communications<br />
Kathleen Carroll Parvis<br />
<strong>in</strong>side<br />
The Lifesaver<br />
You may not know Hauwa Ibrahim,<br />
but she’s been busy shak<strong>in</strong>g up her<br />
little corner of the world by sav<strong>in</strong>g<br />
people’s lives. She seems pretty<br />
confident that the rest of us can, <strong>in</strong><br />
our own ways, do the same.<br />
ii Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
Editor<br />
Stefanie Ellis<br />
Graphic Designer<br />
E. Brook Haley<br />
Contributors<br />
Donna Gerson,<br />
Jesse Goldner,<br />
T.J. Greaney,<br />
Michael Korybut,<br />
John Steffy<br />
Photography<br />
Emily Barbara,<br />
Kent Bartholomew,<br />
Dolan & Associates Photography,<br />
Katie F<strong>in</strong>k, Jay Fram Photography,<br />
Kev<strong>in</strong> Lowder, Nathan Mandell<br />
Special Thanks<br />
Jacquel<strong>in</strong>e Albus, D<strong>in</strong>a Althardt,<br />
Don Anton, Karen Budde,<br />
Danielle Caruso, Roger Goldman,<br />
Hauwa Ibrahim, Mary Pat McInnis,<br />
Colleen Murphy, Stephen J. Murphy,<br />
Mohammed Omer,<br />
Henry Ordower, Khavan Sok,<br />
Lisa Thompson-Gibson<br />
Copyright © 2006<br />
by Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
School of Law<br />
All rights reserved.<br />
Sa<strong>in</strong>t <strong>Louis</strong> Brief is published<br />
two times a year by<br />
Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> School of Law.<br />
The Publications Office is located <strong>in</strong><br />
Queen’s Daughters Hall, Rm. 320<br />
3700 L<strong>in</strong>dell Blvd.<br />
St. <strong>Louis</strong>, MO 63108<br />
E-mail address is brief@law.slu.edu<br />
Willkommen<br />
<strong>in</strong> Berl<strong>in</strong> 8<br />
In July, the School will <strong>in</strong>augurate its<br />
second summer study abroad program.<br />
The Summer Law Program <strong>in</strong> Berl<strong>in</strong> will<br />
teach students about <strong>in</strong>ternational and<br />
comparative law with an emphasis on<br />
bus<strong>in</strong>ess and economics.<br />
moRe FeATUReS<br />
7 Naturalization<br />
Ceremony<br />
16 Com<strong>in</strong>g to America<br />
17 Judge McMillian<br />
Portrait Ceremony<br />
<strong>in</strong> eveRy iSSUe<br />
2 Law Briefs<br />
20 Faculty View<br />
22 Faculty Profile<br />
23 Alumni Profile<br />
27 Alumni Q&A<br />
28 Class Notes<br />
12<br />
24<br />
18<br />
26<br />
Serv<strong>in</strong>g Her<br />
Country<br />
Be<strong>in</strong>g <strong>in</strong> the FBI isn’t a cakewalk,<br />
but alumna Jacquel<strong>in</strong>e Albus, ’99,<br />
was will<strong>in</strong>g to put <strong>in</strong> the time.<br />
“Serv<strong>in</strong>g my country appealed to<br />
me,” she admits.<br />
Reunion 2006<br />
Good food, good times...sounds<br />
like the recipe for the perfect<br />
reunion. Judg<strong>in</strong>g by the pictures,<br />
it sure looks that way.<br />
A Journey<br />
Toward Justice<br />
It took a trip across the world to help<br />
Khavan Sok, ’06, realize he wanted<br />
to return to his home country of<br />
Cambodia to help right the wrongs<br />
<strong>in</strong>flicted upon his people dur<strong>in</strong>g the<br />
reign of the Khmer Rouge.
LAW<br />
BRieFS<br />
First-year orientation<br />
Students met professors and attended<br />
lectures on case brief<strong>in</strong>g and Legal<br />
Research and Writ<strong>in</strong>g and were<br />
grouped with several of the School’s<br />
120 mentors dur<strong>in</strong>g the School’s<br />
orientation program this August.<br />
There was a pre-orientation Kick-<br />
Off Party on August 16, which<br />
allowed students to m<strong>in</strong>gle with their<br />
future peers, as well as faculty, staff<br />
and mentors. Food and dr<strong>in</strong>k was<br />
served, and the live band, Serapis,<br />
provided the even<strong>in</strong>g’s enterta<strong>in</strong>ment.<br />
Orientation was followed by a Street<br />
Fair, where <strong>in</strong>com<strong>in</strong>g students had<br />
opportunities to learn about School<br />
of Law organizations and area<br />
bus<strong>in</strong>esses, by way of the booths set<br />
up outside the School’s V<strong>in</strong>cent C.<br />
Immel Atrium entrance.<br />
SbA CAre-aoke Fundraiser<br />
photo courtesy of SBA<br />
The School of Law Student Bar Association’s<br />
CARE-aoke Charitable Event was held on<br />
Saturday, September 16 at Humphrey’s.<br />
Proceeds from the event benefited Big Brothers<br />
Big Sisters of Eastern Missouri. Select student<br />
organizations performed karaoke acts before a<br />
panel of judges, with the w<strong>in</strong>ner and first runnerup<br />
earn<strong>in</strong>g money for the law school student<br />
organization of his or her choice. Open mic<br />
karaoke for all students followed.<br />
Judge Raymond W. gruender, U.S.<br />
Court of Appeals for the 8th Circuit,<br />
Served as Jurist-<strong>in</strong>-Residence<br />
Judge Raymond W. Gruender (second<br />
right) of the U.S. Court of Appeals<br />
for the 8th Circuit was the School’s<br />
Fall 2006 Jurist-<strong>in</strong>-Residence. Judge<br />
Gruender was at the School on<br />
Wednesday, October 25 to visit classes<br />
and meet with students and faculty.<br />
School of Law Teams W<strong>in</strong> national Health Law moot Court Competition<br />
Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
students posted a<br />
comprehensive victory at<br />
the 15th annual National<br />
Health Law Moot Court<br />
Competition. Thirty-one<br />
teams from 21 law schools<br />
from around the country<br />
competed at Southern<br />
Ill<strong>in</strong>ois <strong>University</strong><br />
Carbondale, November<br />
10-11. This year’s fictitious<br />
case <strong>in</strong>volved the constitutionality of staterequired<br />
HIV test<strong>in</strong>g and the imposition of<br />
crim<strong>in</strong>al penalties for unsafe sex practices.<br />
The students were responsible for writ<strong>in</strong>g<br />
briefs on the issue and then present<strong>in</strong>g oral<br />
arguments through several rounds<br />
of competition.<br />
School of Law students Heather<br />
McCollum and Brent Sumner were the<br />
overall w<strong>in</strong>ners, with victories over the<br />
<strong>University</strong> of M<strong>in</strong>nesota <strong>in</strong> the semif<strong>in</strong>al<br />
round and Michigan State <strong>in</strong> the<br />
Professors Claeys and Ordower<br />
received Thompson Coburn Award<br />
The 2003 Thompson Coburn Award Ceremony for<br />
Faculty Writ<strong>in</strong>g was held on November 8, 2006.<br />
Professor Eric Claeys was given the award for his<br />
articles, “The Limits of Empirical Political Science<br />
and the Possibilities of Liv<strong>in</strong>g-Constitution Theory<br />
for a Retrospective on the Rehnquist Court,” “The<br />
Liv<strong>in</strong>g Commerce Clause: Federalism <strong>in</strong> Progressive<br />
Political Theory and Commerce Clause after Lopez<br />
and Morrison” and “Tak<strong>in</strong>gs, Regulations, and Natural<br />
Property Rights.” Professor Henry Ordower was<br />
awarded for his article, “Towards a Multiple Party<br />
Representation Model: Moderat<strong>in</strong>g Power Disparity”<br />
photo courtesy of Katie F<strong>in</strong>k<br />
f<strong>in</strong>al round. The other SLU team, Katie<br />
F<strong>in</strong>k and Catriona Nally, reached the<br />
quarterf<strong>in</strong>als. The SLU teams swept the<br />
best brief awards, McCollum and Sumner<br />
tak<strong>in</strong>g first place, with F<strong>in</strong>k and Nally<br />
tak<strong>in</strong>g second.<br />
Dean Jeffrey Lewis praised the<br />
students’ victories, say<strong>in</strong>g that “the teams’<br />
skills and work ethic were outstand<strong>in</strong>g”<br />
and their victory “a fitt<strong>in</strong>g celebration<br />
of SLU’s excellent student body and<br />
dedicated teachers.”<br />
School of Law Welcomes Two new<br />
Full-Time Faculty members<br />
Anders Walker<br />
Assistant Professor of Law<br />
Wesleyan <strong>University</strong>,<br />
B.A.; Duke <strong>University</strong>,<br />
M.A., J.D.; Yale<br />
<strong>University</strong>, Ph.D.<br />
Molly J. Walker Wilson<br />
Assistant Professor of Law<br />
Wesleyan <strong>University</strong>, B.A.;<br />
<strong>University</strong> of Virg<strong>in</strong>ia<br />
School of Arts and Sciences,<br />
M.A. <strong>in</strong> Psychology,<br />
Ph.D. <strong>in</strong> Psychology;<br />
<strong>University</strong> of Virg<strong>in</strong>ia<br />
School of Law, J.D.<br />
Childress memorial Lecture<br />
general Counsel of St. <strong>Louis</strong> Rams Spoke at School<br />
Bob Wallace, general counsel and executive<br />
vice president of the St. <strong>Louis</strong> Rams, spoke<br />
at the School on Wednesday, November<br />
15, shar<strong>in</strong>g advice and his experience <strong>in</strong><br />
strategies for search<strong>in</strong>g for conventional and<br />
non-conventional career paths. This past<br />
year, Wallace was named one of the most<br />
<strong>in</strong>fluential m<strong>in</strong>ority bus<strong>in</strong>ess leaders by the<br />
St. <strong>Louis</strong> Bus<strong>in</strong>ess Journal. His leadership<br />
with<strong>in</strong> the sports world has translated to<br />
the community where he is active <strong>in</strong> many<br />
civic and charitable organizations, <strong>in</strong>clud<strong>in</strong>g<br />
serv<strong>in</strong>g as president of the board of Giant<br />
School of law Family Day<br />
On Friday, October 13, parents, family,<br />
spouses and significant others were<br />
<strong>in</strong>vited to Family Day at the School of<br />
Law, which featured a panel discussion<br />
and a mock law school class led by<br />
School of Law Dean Jeffrey E. Lewis.<br />
The annual Richard J. Childress Memorial<br />
Lecture was held on Friday, October 13.<br />
Richard H. Fallon Jr., the Ralph J. Tyler Jr.<br />
Professor of Constitutional Law at Harvard<br />
<strong>University</strong>, delivered the keynote lecture,<br />
“If Roe Were Overruled: Abortion and the<br />
Constitution <strong>in</strong> a Post-Roe World.” Professor<br />
Fallon’s lecture described some of the issues<br />
our legal system may face <strong>in</strong> the areas of<br />
constitutional law, federal courts, choice of<br />
law and crim<strong>in</strong>al law if Roe is overturned.<br />
Steps of St. <strong>Louis</strong>, a school for autistic<br />
children. He is also the chairman of the<br />
board of the Urban League of Metropolitan<br />
St. <strong>Louis</strong>, Inc., whose mission is to improve<br />
the social and economic conditions and<br />
opportunities for African-Americans and<br />
other m<strong>in</strong>ority groups <strong>in</strong> St. <strong>Louis</strong> City,<br />
St. <strong>Louis</strong> County and St. Clair County,<br />
Ill<strong>in</strong>ois. Wallace has shared his legal<br />
expertise as an <strong>in</strong>structor <strong>in</strong> sports law at the<br />
School of Law and received a certificate of<br />
recognition for law and education projects<br />
from the St. <strong>Louis</strong> Public Schools.<br />
SCHOOL OF LAw<br />
events<br />
Recent School of Law Grad Spoke on<br />
Practic<strong>in</strong>g Health Law <strong>in</strong> D.C.<br />
Tuesday, September 5 — The Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
Health Law Association presented, “Practic<strong>in</strong>g Health<br />
Law <strong>in</strong> D.C.” Featured Speakers were Anna Spencer,<br />
partner at Sidley Aust<strong>in</strong>, LLP and Trevor Wear, ’05,<br />
associate at Sidley Aust<strong>in</strong>, LLP.<br />
Talk on The Lost Promise of Immigration<br />
Wednesday, September 6 — The Federalist Society<br />
welcomed Dr. Matt Spald<strong>in</strong>g from the Heritage<br />
Foundation <strong>in</strong> Wash<strong>in</strong>gton, D.C., who spoke on “The Lost<br />
Promise of Immigration.”<br />
Organ Retention In Pediatric Autopsies:<br />
Parental Consent or Authorization?<br />
Monday, September 11 — The Centers for Health<br />
Law Studies and International and Comparative<br />
Law hosted Professor Deirdre Madden, <strong>University</strong><br />
College Cork, who gave the presentation, “Organ<br />
Retention In Pediatric Autopsies: Parental Consent or<br />
Authorization?” A response was given by James M.<br />
DuBois, chair of the Department of Health Care Ethics<br />
at Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong>.<br />
Alternatives to Practic<strong>in</strong>g at a Large Firm<br />
Wednesday, September 13 — Charles Elbert, ’76,<br />
of Kohn, Shands, Elbert, Gianoulakis & Giljum, LLP<br />
discussed the alternatives to practic<strong>in</strong>g at a large firm.<br />
Constitution Day 2006<br />
Tuesday, September 19 — The School of Law<br />
observed Constitution Day and hosted a panel<br />
discussion featur<strong>in</strong>g a retrospective on the 2005–2006<br />
Supreme Court term. Panelists <strong>in</strong>cluded Professors<br />
Fred Bloom, Isaak Dore, Roger Goldman, Joel<br />
Goldste<strong>in</strong>, Alan Howard, Sue McGraugh, Anders Walker<br />
and Doug Williams. Professor Eric Claeys moderated.<br />
Roundtable on Cl<strong>in</strong>ical Research<br />
Wednesday, September 20 — The Health Law<br />
Association held a brown bag roundtable on cl<strong>in</strong>ical<br />
research to help students understand the various<br />
aspects of cl<strong>in</strong>ical research and the diverse roles<br />
available to attorneys <strong>in</strong>terested <strong>in</strong> the area of cl<strong>in</strong>ical<br />
research. Speakers <strong>in</strong>cluded Professor Jesse Goldner,<br />
who has vast experience <strong>in</strong> the area of research ethics<br />
and protection of human subjects; Eve Holzemer, an<br />
Advanced Nurse Practitioner and research nurse; Yi<br />
Zhang, RN, J.D., who is responsible for regulatory<br />
compliance and cl<strong>in</strong>ical research contract negotiations<br />
for a major academic research center; and Sarah<br />
Morabito, a current law student who spent seven years<br />
work<strong>in</strong>g for the pharmaceutical <strong>in</strong>dustry <strong>in</strong> the area of<br />
research protocol compliance.<br />
2 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
L AW BRieFS
L AW BRieFS<br />
SCHOOL OF LAw<br />
events<br />
Former CIA Intelligence Officer Spoke<br />
on “The Law and Politics of warrantless<br />
Eavesdropp<strong>in</strong>g”<br />
Monday, October 2 — The American Constitution<br />
Society hosted former CIA Intelligence Officer, Ray<br />
McGovern, who discussed the legal and political<br />
implications of the Bush Adm<strong>in</strong>istration’s “warrantless<br />
eavesdropp<strong>in</strong>g” program.<br />
PILG First Monday<br />
Monday, October 2 — PILG’s First Monday annually<br />
marks the beg<strong>in</strong>n<strong>in</strong>g of the U.S. Supreme Court term.<br />
In honor of this day, PILG presented a lecture and<br />
discussion explor<strong>in</strong>g the issue of immigration on a local<br />
level, by hear<strong>in</strong>g from local author and immigration<br />
expert, Angie O’Gorman.<br />
Sports and Enterta<strong>in</strong>ment Law Association<br />
welcomed Local Enterta<strong>in</strong>ment Lawyers<br />
Tuesday, October 3 — The Sports and Enterta<strong>in</strong>ment<br />
Law Association hosted Danica Mathes, an associate<br />
with Blackwell Sanders Peper Mart<strong>in</strong>, who specializes<br />
<strong>in</strong> Enterta<strong>in</strong>ment Law and is an adjunct professor of<br />
Enterta<strong>in</strong>ment Law at Wash<strong>in</strong>gton <strong>University</strong> School of<br />
Law, and Jay Kanzler, lawyer and filmmaker.<br />
President of Missouri Association of Trial<br />
Attorneys Spoke on Litigation<br />
Tuesday, October 3 — The American Trial Lawyers<br />
Association presented Tom Stewart, president of the<br />
Missouri Association of Trial Attorneys and head of the<br />
School’s Trial Advocacy program, who spoke on his<br />
experiences as a litigator as well as provided advice to<br />
students <strong>in</strong>terested <strong>in</strong> pursu<strong>in</strong>g a career <strong>in</strong> litigation.<br />
Guantanamo Roundtable<br />
Thursday, October 5 — Over 250 universities and law<br />
schools nationwide listened to a simulcast of experts<br />
discuss and expla<strong>in</strong> issues surround<strong>in</strong>g Guantanamo.<br />
As part of that broadcast, the School had a panel<br />
discussion, “Guantanamo and Physicians,” on the<br />
medical treatment of deta<strong>in</strong>ees. Follow<strong>in</strong>g the panel,<br />
there was a discussion with School Professors Sloss,<br />
Bloom, Kaufman, Goldste<strong>in</strong> and Greaney. A Q & A<br />
session followed.<br />
Missouri Stem Cell Initiative: Bad Law, Bad<br />
Medic<strong>in</strong>e, and Bad Ethics?<br />
Tuesday, October 10 — The Christian Legal Society<br />
and St. Thomas More Society hosted the talk, “Missouri<br />
Stem Cell Initiative: Bad Law, Bad Medic<strong>in</strong>e, and Bad<br />
Ethics?” Speakers <strong>in</strong>cluded Jim Cole, an attorney who<br />
specializes <strong>in</strong> bankruptcy and commercial litigation and<br />
is a volunteer general counselor for Missouri Right to<br />
Life and Dick Schamp, a family physician and associate<br />
Center for Health Law Studies Dist<strong>in</strong>guished<br />
Speakers Fall 2006<br />
Talk, “Is the Independent Director Necessary <strong>in</strong> the Non-Profit Sector?”<br />
Kathleen Boozang, associate dean for Academic Affairs at Seton Hall Law School, gave<br />
the talk, “Is the Independent Director Necessary <strong>in</strong> the Non-Profit Sector?” on Tuesday,<br />
September 19. She<br />
came to academic<br />
adm<strong>in</strong>istration after<br />
co-found<strong>in</strong>g Seton<br />
Hall Law School’s<br />
nationally ranked<br />
Health Law & Policy<br />
Program and Health<br />
Law, Science and<br />
Technology Graduate<br />
Programs. Dean<br />
Boozang practiced for<br />
several years, primarily<br />
represent<strong>in</strong>g a multistate<br />
Catholic health care system. In recent years, she has served on several hospital ethics<br />
committees and chaired the Bioethics Committee for the Association of the Bar of the City of<br />
New York. She currently teaches Health Law, The Law of Death & Dy<strong>in</strong>g, Alternative Medic<strong>in</strong>e<br />
and Non-Profit Organizations and writes and speaks extensively on non-profit and corporate<br />
issues, alternative medic<strong>in</strong>e, medical futility, end-of-life care and sectarian providers.<br />
Talk, “Theoretical Foundations of Medical Cost Effectiveness”<br />
On Wednesday, October 25, David O. Meltzer, associate professor <strong>in</strong> the Department<br />
of Medic<strong>in</strong>e and associated faculty member <strong>in</strong> the Harris School and the Department of<br />
Economics at the <strong>University</strong> of<br />
Chicago, gave the talk, “Theoretical<br />
Foundations of Medical Cost<br />
Effectiveness.” Meltzer’s research<br />
explores problems <strong>in</strong> health<br />
economics and public policy,<br />
with a focus on the theoretical<br />
foundations of medical costeffectiveness<br />
analysis, as well as<br />
the effects of managed care and<br />
medical specialization on the cost<br />
and quality of care, especially <strong>in</strong><br />
teach<strong>in</strong>g hospitals. Meltzer is currently complet<strong>in</strong>g a randomized trial compar<strong>in</strong>g the use<br />
of doctors who specialize <strong>in</strong> <strong>in</strong>patient care (“hospitalists”) with traditional physicians <strong>in</strong> six<br />
academic medical centers.<br />
Talk, “Just Care: Ration<strong>in</strong>g <strong>in</strong> a Public Health Crisis”<br />
The Center for Health Law Studies’ Dist<strong>in</strong>guished Speaker, James F. Childress, Ph.D.,<br />
presented, “Just Care: Ration<strong>in</strong>g <strong>in</strong> a Public Health Crisis” on Friday, November 10. Dr.<br />
Childress is the Holl<strong>in</strong>gsworth Professor of Ethics and Professor of Medical Education at<br />
the <strong>University</strong> of Virg<strong>in</strong>ia, where he directs the Institute for Practical Ethics.<br />
Wefel Center for employment law Speakers<br />
millstone Lecture: Leav<strong>in</strong>g Stones<br />
Unthrown: Justice <strong>in</strong> nigeria<br />
Visit<strong>in</strong>g Professor Hauwa Ibrahim spoke<br />
about her experiences at the James C.<br />
Millstone Memorial Lecture on Sunday,<br />
November 19. Millstone, a long-time<br />
reporter for the St. <strong>Louis</strong> Post-Dispatch,<br />
covered the civil rights movement and,<br />
as an editor, conceived and supervised<br />
report<strong>in</strong>g on subjects such as police<br />
brutality and the bicentennial of<br />
the United States Constitution. The<br />
Millstone lecture series was designed to<br />
cont<strong>in</strong>ue his passion for civil rights and<br />
freedom of speech. For more <strong>in</strong>formation<br />
about Ibrahim, see story on page 12.<br />
Talk on Recent Developments at the<br />
National Labor Relations Board —<br />
On Wednesday, September 27, Ralph R.<br />
Trema<strong>in</strong>, regional director of the National<br />
Labor Relations Board, discussed recent<br />
developments.<br />
Issues <strong>in</strong> Employment Law:<br />
Represent<strong>in</strong>g the Individual Employee<br />
— On Wednesday, October 18, the Wefel<br />
Center for Employment Law Speaker Mary<br />
Anne Sedey, partner at Sedey & Harper,<br />
discussed, “Issues <strong>in</strong> Employment Law:<br />
Represent<strong>in</strong>g the Individual Employee.”<br />
Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> Law Journal<br />
Ranked Among Top Law<br />
Reviews of 2006<br />
Congratulations<br />
to the Sa<strong>in</strong>t <strong>Louis</strong><br />
<strong>University</strong> Law<br />
Journal, which was<br />
ranked one of the<br />
top 100 general<br />
student law reviews<br />
<strong>in</strong> the ExpressO Law<br />
Review rank<strong>in</strong>gs<br />
for 2006.<br />
SCHOOL OF LAw<br />
events<br />
professor for Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> School of Medic<strong>in</strong>e,<br />
Department of Community and Family Medic<strong>in</strong>e, and<br />
Department of Internal Medic<strong>in</strong>e, Division of Geriatrics.<br />
International Law Students’ Association<br />
Hosted Talk on International Trade Practice<br />
Wednesday, October 11 — The International Law<br />
Students’ Association was pleased to host John Sper<strong>in</strong>o,<br />
senior counsel with Emerson Electric, who gave a talk on<br />
International Trade Practice.<br />
Federalist Society Hosted Talk, “The Legacy<br />
of Buckley v. Valeo: The Court’s Incoherent<br />
Campaign”<br />
Monday, October 16 — Professor Allison Hayward,<br />
former chief of staff to the chairman of the Federal<br />
Election Commission, gave the presentation, “The<br />
Legacy of Buckley v. Valeo: The Court’s Incoherent<br />
Campaign F<strong>in</strong>ance Decisions.” Professor Alan Howard<br />
gave a response follow<strong>in</strong>g the lecture.<br />
School of Law Professor Spoke on Global<br />
warm<strong>in</strong>g Case<br />
Tuesday, October 17 — Professor Douglas Williams<br />
spoke to the Environmental Law Society about the<br />
global warm<strong>in</strong>g case on this year’s U.S. Supreme Court<br />
docket, Massachusetts v. Environmental Protection<br />
Agency, <strong>in</strong> which a coalition of environmental activists,<br />
states, cities and other groups are argu<strong>in</strong>g that the EPA<br />
should regulate greenhouse gases such as carbon<br />
dioxide.<br />
Attorney to Discuss Tobacco Initiative<br />
Wednesday, October 18 — The Health Law Association<br />
welcomed Scott Sifton, Esq., who discussed the Tobacco<br />
Initiative on the November ballot.<br />
Local Attorney Discussed Trial and Appellate<br />
Matters Involv<strong>in</strong>g Maritime Law<br />
Wednesday, October 18 — John Halpern, ’79, of<br />
Goldste<strong>in</strong> and Price, L.C., discussed trial and appellate<br />
matters <strong>in</strong>volv<strong>in</strong>g maritime law.<br />
Professor David Sloss Spoke on International<br />
Human Rights Topics<br />
Wednesday, October 25 — The School’s Professor<br />
David Sloss, former Foreign Affairs Analyst with the<br />
U.S. Arms Control and Disarmament Agency, spoke on<br />
International Human Rights topics of <strong>in</strong>terest, such as<br />
U.S. Foreign Policy and Proliferations of Weapons of<br />
Mass Destruction.<br />
Talk On Institutional Review Board<br />
Tuesday, October 31 — The Federalist Society hosted<br />
Richard Epste<strong>in</strong>, who gave the talk, “Over the Top: Your<br />
Institutional Review Board Today.”<br />
Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
Jay Fram Photography<br />
Food for Thought Program<br />
The Office of Development and Alumni<br />
Relations has started a new program that<br />
allows students to discuss legal topics with<br />
practic<strong>in</strong>g attorneys. Charles Elbert, ’76,<br />
of Kohn, Shands, Elbert, Gianoulakis<br />
& Giljum, LLP was at the School on<br />
September 13 discuss<strong>in</strong>g the alternatives to<br />
practic<strong>in</strong>g at a large firm. John Halpern,<br />
’79, of Goldste<strong>in</strong> and Price, L.C., spoke on<br />
October 18 concern<strong>in</strong>g trial and appellate<br />
matters <strong>in</strong>volv<strong>in</strong>g maritime law. Bill<br />
Bolsterm, ’98, of Lewis Rice & F<strong>in</strong>gersh,<br />
L.C. spoke on November 15 about Real<br />
Estate Law.<br />
L AW BRieFS
L AW BRieFS<br />
SCHOOL OF LAw<br />
events<br />
Mal Hark<strong>in</strong>s Served as Center for Health<br />
Law Studies’ Practitioner-<strong>in</strong>-Residence<br />
Week of November 6 — Mal Hark<strong>in</strong>s, ’76, of<br />
Proskauer Rose LLP, was this year’s Practitioner<strong>in</strong>-Residence.<br />
Mr. Hark<strong>in</strong>s represents numerous<br />
<strong>in</strong>stitutional health care providers, <strong>in</strong>clud<strong>in</strong>g<br />
hospitals, nurs<strong>in</strong>g homes and pharmacies, as well<br />
as several state and national associations of health<br />
care providers.<br />
American Constitution Society welcomed<br />
Senator-Elect Jeff Smith<br />
Wednesday, November 8 — The American<br />
Constitution Society hosted Senator-Elect Jeff Smith,<br />
who recently won his race for the Missouri State<br />
Senate. He discussed the relationship between<br />
policy makers and the practice of law.<br />
Environmental Lawyers Speaker Panel<br />
Tuesday, November 14 — The Environmental<br />
Law Society and the Career Services Office<br />
co-sponsored a speaker panel composed of legal<br />
professionals <strong>in</strong> various sectors of environmental<br />
law. Speakers <strong>in</strong>cluded: Bruce Morrison, general<br />
counsel at Great River Environmental Law Center,<br />
a non-profit environmental law firm based <strong>in</strong> St.<br />
<strong>Louis</strong>; Uyless Dewberry, an associate attorney <strong>in</strong><br />
the Environmental & Regulatory Practice Group<br />
<strong>in</strong> the St. <strong>Louis</strong> office of Husch & Eppenberger,<br />
LLC; Cathleen Bumb, assistant general counsel<br />
- Environmental for Solutia Inc.; and School of<br />
Law Professor Douglas Williams, who teaches<br />
Environmental Law, International Environmental<br />
Law, Natural Resources, Land Use Control and<br />
sem<strong>in</strong>ars on environmental law topics.<br />
The Family & Medical Leave Act of 1993:<br />
Mak<strong>in</strong>g the Law work For You<br />
Wednesday, November 15 — Wefel Center<br />
for Employment Law speaker Kristen L. Maly of<br />
McCarthy, Leonard, Kaemmerer, Owen, McGovern<br />
& Striler, discussed, “The Family & Medical Leave<br />
Act of 1993: Mak<strong>in</strong>g the Law Work For You.”<br />
Real Estate Law Discussion<br />
Wednesday, November 15 — Bill Bolsterm, ’98,<br />
of Lewis Rice & F<strong>in</strong>gersh, L.C., discussed<br />
Real Estate Law.<br />
Federalist Society Hosted Judge<br />
Duane Benton<br />
Wednesday, November 16 — The Federalist<br />
Society hosted 8th Circuit Court of Appeals Judge<br />
Duane Benton.<br />
Professor Tuchler retires<br />
Professor Dennis J. Tuchler, who has<br />
been with the School of Law s<strong>in</strong>ce 1965,<br />
retired <strong>in</strong> August of 2006. Dur<strong>in</strong>g his<br />
academic career, he taught courses <strong>in</strong><br />
commercial transactions, adm<strong>in</strong>istrative<br />
law, federal courts, municipal<br />
corporations, remedies, civil procedure,<br />
legislation and conflict of laws.<br />
Professor Watson, Legal Cl<strong>in</strong>ics<br />
Key <strong>in</strong> Court’s Reconsideration<br />
of medicaid violation<br />
Congratulations to Professor Sidney<br />
Watson for her work on a case <strong>in</strong>volv<strong>in</strong>g<br />
medical equipment for Medicaid recipients.<br />
The 8th Circuit Court of Appeals ruled<br />
<strong>in</strong> favor of Watson’s clients that the state<br />
violated federal law by elim<strong>in</strong>at<strong>in</strong>g coverage<br />
for th<strong>in</strong>gs like wheelchair batteries and<br />
feed<strong>in</strong>g tubes for the poor. Watson did<br />
much of the legal work on the case, and<br />
the legal team <strong>in</strong>cluded Watson, the<br />
School’s Legal Cl<strong>in</strong>ics, Legal Services of<br />
Eastern Missouri, the AARP and several<br />
other national organizations.<br />
Center for <strong>in</strong>ternational and<br />
Comparative Law: Talk on Sharia<br />
Law and the Rights of Women<br />
Professor Hauwa Ibrahim, a visit<strong>in</strong>g<br />
professor at the School of Law, gave<br />
the talk, “Sharia Law and the Rights of<br />
Women,” on Wednesday, September 27.<br />
Client Counsel<strong>in</strong>g<br />
Competition W<strong>in</strong>ners<br />
Congratulations to this year’s Client<br />
Counsel<strong>in</strong>g Competition w<strong>in</strong>ners. This<br />
year’s competition was held on October<br />
14 and 21 and there was a tie between<br />
two teams: Team 1 — Kristopher McKay,<br />
2L and Gwen Delarm, 2L and Team 2<br />
— Henry Vogelman, 3L and Melanie<br />
Ohmes, 2L.<br />
SLU Law Student W<strong>in</strong>s<br />
national Writ<strong>in</strong>g Competition<br />
Monica Devens, 3L, recently won the 13th<br />
Annual Fem<strong>in</strong>ist Jurisprudence Writ<strong>in</strong>g<br />
Competition. She will be recognized <strong>in</strong> a<br />
ceremony at Wash<strong>in</strong>gton College of Law<br />
at American <strong>University</strong>. Congratulations<br />
Monica!<br />
Trivia night 2006<br />
photos by Dolan & Associates Photography<br />
The School of Law Trivia Night, sponsored<br />
by the School of Law and the Student Bar<br />
Association, was held on Friday, October<br />
13. Forty-five tables with teams of eight<br />
competed for a variety of prizes.<br />
School of Law Hosts<br />
Naturalization<br />
Ceremony<br />
The School of Law welcomed 75 new American citizens on Friday,<br />
October 6, when it hosted a naturalization ceremony <strong>in</strong> the<br />
Anheuser-Busch auditorium <strong>in</strong> the School of Bus<strong>in</strong>ess’ John and<br />
Lucy Cook Hall. Members of the School of Law’s Public Interest<br />
Law Group served as hosts and ushers for the new citizens.<br />
United States District Court Judge for the Eastern District of<br />
Missouri, Henry E. Autrey, ’77, along with officials from the United<br />
States Citizenship and Immigration Service and the U.S. Attorney’s<br />
Office, conducted the ceremony. Dean Jeffrey E. Lewis gave the<br />
keynote address, and a group of musically <strong>in</strong>cl<strong>in</strong>ed law students<br />
sang the national anthem.<br />
photos by Dolan & Associates Photography<br />
6 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
L AW BRieFS
<strong>willkommen</strong> <strong>in</strong><br />
berl<strong>in</strong><br />
The Center for International and Comparative<br />
Law is pleased to announce the addition of the<br />
Summer Law Program <strong>in</strong> Berl<strong>in</strong>. Students will<br />
be able to experience, firsthand, the German<br />
legal system by direct exposure to <strong>in</strong>ternational<br />
and comparative law courses, site visits to<br />
legal <strong>in</strong>stitutions and <strong>in</strong>teraction with professors<br />
and legal scholars. Sa<strong>in</strong>t <strong>Louis</strong> Brief sat down<br />
with Professor Henry Ordower, co-director of<br />
the Center for International and Comparative<br />
Law and director of the Summer Law Program<br />
<strong>in</strong> Berl<strong>in</strong>, who provided an overview of the<br />
Program, set to debut <strong>in</strong> July of 2007. >><br />
8 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief
<strong>willkommen</strong> <strong>in</strong><br />
berl<strong>in</strong><br />
The Study Abroad Program <strong>in</strong> Madrid is now <strong>in</strong> its 7th<br />
year. How long have you been th<strong>in</strong>k<strong>in</strong>g about creat<strong>in</strong>g<br />
an additional summer program like the one <strong>in</strong> Berl<strong>in</strong>?<br />
Many possibilities have been discussed throughout<br />
the years, <strong>in</strong>clud<strong>in</strong>g the creation of a summer program <strong>in</strong><br />
Cork, Ireland, s<strong>in</strong>ce we have an exist<strong>in</strong>g relationship with<br />
<strong>University</strong> College Cork. The more we began to explore<br />
the idea, the less we thought Cork the right choice for us<br />
right now. Maybe Cork will be our next location. For us, the<br />
relatively small number of summer programs <strong>in</strong> Germany<br />
was attractive. I knew that if we were ever go<strong>in</strong>g to do a<br />
program <strong>in</strong> Germany, the city would have to be Berl<strong>in</strong>.<br />
It’s truly a vibrant metropolis that blends the structural<br />
characteristics of Berl<strong>in</strong>’s 45 years of repressive, communist<br />
rule <strong>in</strong> its east with the thoroughly free market west. Though<br />
moderniz<strong>in</strong>g and repair<strong>in</strong>g deteriorated <strong>in</strong>frastructure<br />
proved a costly challenge to unified Germany, it resulted <strong>in</strong><br />
a livable, safe city with outstand<strong>in</strong>g public transportation.<br />
Berl<strong>in</strong> has become not only the revitalized capital of<br />
Germany, but also the center of German arts. English is<br />
widely spoken — an added benefit.<br />
You could say the idea really took form about a year<br />
and a half ago and came to fruition <strong>in</strong> the spr<strong>in</strong>g of 2006.<br />
The School of Law has a longstand<strong>in</strong>g relationship with<br />
Ruhr <strong>University</strong> <strong>in</strong> Bochum, Germany, and we asked our<br />
Ruhr colleagues if they’d like to take part <strong>in</strong> this program<br />
with us. They thought it was a great idea. It surprised me<br />
that the professors from Ruhr <strong>University</strong> were able to come<br />
to Berl<strong>in</strong> to teach. What a great opportunity this has been<br />
for us to build on an exist<strong>in</strong>g relationship.<br />
How is the Program set up?<br />
The Summer Law Program <strong>in</strong> Berl<strong>in</strong> offers five<br />
weeks of coursework, and students may earn up to six<br />
credit hours <strong>in</strong> course offer<strong>in</strong>gs that are <strong>in</strong>ternational and<br />
comparative <strong>in</strong> nature with a strong emphasis on bus<strong>in</strong>ess<br />
and economic law.<br />
Why the focus on <strong>in</strong>ternational and comparative<br />
bus<strong>in</strong>ess law?<br />
We already have a program that is more general<br />
<strong>in</strong> Madrid. Our pr<strong>in</strong>cipal contact at Ruhr is Professor Dr.<br />
Roman Seer, who is the chair <strong>in</strong> taxation and a former<br />
visit<strong>in</strong>g professor at the School of Law. My specialty areas<br />
<strong>in</strong>clude U.S. Taxation, Investment and Bus<strong>in</strong>ess Law and<br />
International Transactions and we now have concentration<br />
programs <strong>in</strong> Bus<strong>in</strong>ess Transactional Law and Tax, so I<br />
thought it would make sense to place emphasis on this<br />
aspect of legal study. The ABA requires that any study<br />
abroad program be <strong>in</strong>ternational and comparative <strong>in</strong><br />
nature, and with an emphasis on bus<strong>in</strong>ess, students<br />
benefit from a more specific focus.<br />
Who are some of the faculty chosen to teach courses<br />
<strong>in</strong> Berl<strong>in</strong>? Why were they selected?<br />
Ruhr <strong>University</strong> Professor Dr. Andrea Lohse and<br />
Professor Dr. Adelheid Puttler will offer European Economic<br />
Law, and Ruhr <strong>University</strong> Professor Dr. Rolf Wank, who<br />
was a visit<strong>in</strong>g professor at the School of Law <strong>in</strong> the fall<br />
of 2005, will teach Comparative Employment Law <strong>in</strong><br />
the European Union and the United States. Sa<strong>in</strong>t <strong>Louis</strong><br />
<strong>University</strong> School of Law Professors Jesse Goldner and<br />
Alan We<strong>in</strong>berger will offer Comparative Health Law and<br />
Comparative Property Law, respectively. Classroom<br />
<strong>in</strong>struction is <strong>in</strong> English and the Program <strong>in</strong>cludes site visits<br />
to various legal <strong>in</strong>stitutions based <strong>in</strong> Berl<strong>in</strong>. Our German<br />
professors were chosen for their <strong>in</strong>terest <strong>in</strong> teach<strong>in</strong>g<br />
American students, their will<strong>in</strong>gness to teach <strong>in</strong> English and<br />
the areas of law <strong>in</strong> which they specialize.<br />
What is the benefit of study<strong>in</strong>g <strong>in</strong> a city like Berl<strong>in</strong> as<br />
opposed to other <strong>in</strong>ternational locations?<br />
Berl<strong>in</strong> is an excit<strong>in</strong>g world city <strong>in</strong> transition. It’s a<br />
city that keeps remak<strong>in</strong>g its personality. It offers superb<br />
cultural benefits and wonderful museums. What is known<br />
as “Museum Island” is with<strong>in</strong> walk<strong>in</strong>g distance of the<br />
Guesthouse, where the Program is held, and students<br />
have access to four major specialized museums, all of<br />
which have just been renovated. The Guesthouse is<br />
located <strong>in</strong> the majestic, historical heart of Berl<strong>in</strong>. We’ve<br />
chosen our location for this reason, as well as its proximity<br />
to restaurants, nightclubs, shops and galleries.<br />
Can students attend the Berl<strong>in</strong> and Madrid Programs<br />
dur<strong>in</strong>g the same summer?<br />
We arranged the dates of both programs with the<br />
idea that students could choose which program they<br />
wanted to attend — we don’t encourage dual enrollment.<br />
The vary<strong>in</strong>g dates allow for flexibility <strong>in</strong> students’<br />
schedules. If they aren’t able to attend the Madrid<br />
Program <strong>in</strong> May due to schedul<strong>in</strong>g conflicts, for example,<br />
the Berl<strong>in</strong> Program is offered <strong>in</strong> July, which may serve as<br />
a better option.<br />
photos courtesy of Emily Barbara,<br />
Kent Bartholomew and Ruhr <strong>University</strong><br />
additional<br />
study abroad<br />
opportunities<br />
There are several programs of study,<br />
<strong>in</strong> four other countries, available to<br />
students throughout the year. They <strong>in</strong>clude:<br />
MADRID PROgRAM<br />
The Summer Law Program <strong>in</strong> Madrid is held on Sa<strong>in</strong>t<br />
<strong>Louis</strong> <strong>University</strong>’s Madrid campus, located <strong>in</strong> the<br />
northwest area of Madrid. Students spend five weeks<br />
earn<strong>in</strong>g up to six credit hours of comparative law with<br />
foreign and American professors who have extensive<br />
experience <strong>in</strong> the fields of foreign and American crim<strong>in</strong>al<br />
law, civil law, health care law and global human rights.<br />
Classroom <strong>in</strong>struction is <strong>in</strong> English and the program<br />
<strong>in</strong>cludes site visits to various Spanish courts.<br />
THE BRuSSELS SEMINAR<br />
Offered through the <strong>University</strong> of Georgia, The<br />
Brussels Sem<strong>in</strong>ar provides students with <strong>in</strong>tensive<br />
exposure to the law and <strong>in</strong>stitutions of the European<br />
Community (EC) with<strong>in</strong> the European Union (EU)<br />
through lectures and brief<strong>in</strong>gs at the European<br />
Parliament and the meet<strong>in</strong>g of EU officials, professors<br />
from universities of EU countries and members of the<br />
practic<strong>in</strong>g Bar.<br />
STuDy IN ORLéANS, FRANCE<br />
Students at the School of Law have the opportunity<br />
to study law for one semester with the Faculte de<br />
Droit d’Economie et de Gestion at Orléans <strong>in</strong> France.<br />
Classes are taught entirely <strong>in</strong> French; therefore,<br />
students wish<strong>in</strong>g to study there must speak, read and<br />
write French fluently. Recent graduates of the School<br />
may also have the chance to study <strong>in</strong> Orléans. Those<br />
who complete a prescribed program of thirty credit<br />
hours at the Université d’Orléans may become eligible<br />
to sit for the French bar exam<strong>in</strong>ation upon completion<br />
of an apprenticeship <strong>in</strong> France. This is an unusual and<br />
highly reward<strong>in</strong>g opportunity to become qualified to<br />
practice law <strong>in</strong> a second country.<br />
STuDy IN PARIS, FRANCE<br />
The School of Law has a cooperative agreement<br />
with the Université de Paris-Dauph<strong>in</strong>e, which makes<br />
it possible for students to study for one semester <strong>in</strong><br />
France. Like the Université d’Orléans, this program<br />
is open only to students and recent graduates of the<br />
School. The Université de Paris-Dauph<strong>in</strong>e specializes<br />
exclusively <strong>in</strong> the areas of bus<strong>in</strong>ess and commercial law.<br />
Classes are taught entirely <strong>in</strong> French. Recent graduates<br />
of the School may also have the opportunity to study<br />
at Paris-Dauph<strong>in</strong>e. After receiv<strong>in</strong>g the J.D. degree,<br />
graduates will be entitled to apply aga<strong>in</strong> dur<strong>in</strong>g the<br />
follow<strong>in</strong>g year to complete the Master’s degree, which<br />
makes one eligible to sit for the French Bar exam<strong>in</strong>ation<br />
upon completion of an apprenticeship <strong>in</strong> France.<br />
STuDy IN BOCHuM, gERMANy<br />
In cooperation with the School of Law, the Ruhr<br />
<strong>University</strong> <strong>in</strong> Bochum, Germany, offers research<br />
fellowships to School of Law students and new law<br />
faculty. Each fellowship covers a period of up to three<br />
months at the Ruhr <strong>University</strong>. To take advantage of<br />
the fellowship, prospective fellows must have sufficient<br />
command of the German language.<br />
STuDy IN CORK, IRELAND<br />
School of Law students may arrange to study for one<br />
semester at <strong>University</strong> College Cork <strong>in</strong> Ireland through a<br />
cooperative agreement between the School of Law and<br />
the Faculty of Law of <strong>University</strong> College Cork. Founded<br />
<strong>in</strong> 1845, Cork’s Faculty of Law <strong>in</strong>cludes full-time<br />
faculty members who have expertise <strong>in</strong> the traditional<br />
substantive subjects <strong>in</strong> Irish and European Union law, as<br />
well as several specialty areas <strong>in</strong>clud<strong>in</strong>g health law.<br />
Lisa Thompson-Gibson, assistant director of the<br />
Center for International and Comparative Law,<br />
contributed to this story.<br />
0 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief
Hauwa Ibrahim<br />
believes one person<br />
can make a difference.<br />
Here’s why you<br />
should believe her.<br />
the<br />
lifesaver<br />
You’ve never met Am<strong>in</strong>a Lawal. She isn’t your neighbor and you didn’t<br />
pass her <strong>in</strong> the grocery store. A poor woman from the state of Kats<strong>in</strong>a<br />
<strong>in</strong> northern Nigeria, she isn’t anyone you’d have any reason to know.<br />
Yet because of one woman, the world became wrapped up <strong>in</strong> Am<strong>in</strong>a<br />
Lawal’s life, watch<strong>in</strong>g her fate unfold like a foreign soap opera. Because<br />
of one woman, this otherwise faceless <strong>in</strong>dividual became an <strong>in</strong>stant<br />
poster child for <strong>in</strong>justice, br<strong>in</strong>g<strong>in</strong>g to light the suffer<strong>in</strong>g of countless<br />
others just like her. Because of one woman, Am<strong>in</strong>a Lawal did not die.<br />
She could have, though. She was, after<br />
all, sentenced to be buried up to her neck<br />
and stoned to death for hav<strong>in</strong>g a child out<br />
of wedlock. Because she lives <strong>in</strong> a part of<br />
Nigeria where Islamic Sharia law was adopted<br />
for crim<strong>in</strong>al cases <strong>in</strong> 2000, that’s what the<br />
Sharia Penal Code of her state, Kats<strong>in</strong>a, says<br />
should happen. One woman, however, had<br />
other ideas.<br />
That woman is Hauwa Ibrahim, a human<br />
rights attorney from Nigeria, and she had plans<br />
to try and save Lawal’s life by f<strong>in</strong>d<strong>in</strong>g provisions<br />
<strong>in</strong> the law that would overturn the exist<strong>in</strong>g<br />
sentence. The plan was easier said than done,<br />
though. Ibrahim would not only have to stretch<br />
the scope of her research to determ<strong>in</strong>e what<br />
those provisions might be, but she would also<br />
have to stretch the m<strong>in</strong>ds of those <strong>in</strong> charge of<br />
uphold<strong>in</strong>g the laws by f<strong>in</strong>d<strong>in</strong>g acceptance as a<br />
woman attorney <strong>in</strong> a Muslim court.<br />
Many people might cave under such<br />
pressure, but Ibrahim approached the<br />
BY STEFANIE ELLIS<br />
challenges before her with an uncanny<br />
resolve. She isn’t easily <strong>in</strong>timidated, though<br />
when you first meet her, it’s difficult to<br />
imag<strong>in</strong>e she could have with<strong>in</strong> her the<br />
strength to stand up to thousands of years<br />
of tradition. Perhaps it’s her unassum<strong>in</strong>g<br />
demeanor, her soft-spoken voice or the fact<br />
that she never volunteers an op<strong>in</strong>ion unless<br />
asked. Noth<strong>in</strong>g about her screams “listen to<br />
me.” If anyth<strong>in</strong>g, she is more <strong>in</strong>terested <strong>in</strong><br />
help<strong>in</strong>g others f<strong>in</strong>d their voice.<br />
She has found some success <strong>in</strong> that<br />
endeavor, devot<strong>in</strong>g most of her professional<br />
career to better<strong>in</strong>g the lives of those who, like<br />
Lawal, have been sentenced to unimag<strong>in</strong>able<br />
forms of punishment (and often death) under<br />
Sharia law. Ibrahim has served as defense<br />
counsel <strong>in</strong> over 90 pro bono Sharia-related<br />
cases s<strong>in</strong>ce 2000. Lawal’s case is, perhaps,<br />
her most famous, as it was the severity of<br />
the punishment that caught the attention of<br />
human rights organizations across the world.<br />
photo by Jay Fram<br />
2 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief
“ My people fear they’ll lose their values and<br />
culture like many people have <strong>in</strong> western society.<br />
I’m show<strong>in</strong>g them you can have a western<br />
education and still be a part of your culture.<br />
Soon, everyone from Texas to Tunisia learned about the<br />
woman lawyer from Nigeria who wanted to save the<br />
lives of people who had no voice. Opposition for Lawal’s<br />
sentenc<strong>in</strong>g was so strong, that several campaigns were<br />
launched <strong>in</strong> an effort to conv<strong>in</strong>ce the Nigerian courts<br />
to overturn their rul<strong>in</strong>g. Even the Miss World beauty<br />
contest, which was to have been held <strong>in</strong> Nigeria <strong>in</strong> 2002,<br />
was cancelled as a form of protest. Despite hav<strong>in</strong>g been<br />
<strong>in</strong>terviewed hundreds of times <strong>in</strong> national media, Ibrahim<br />
has never kept a s<strong>in</strong>gle clip. She doesn’t hang her hat on<br />
past successes. She concerns herself, <strong>in</strong>stead, with today<br />
rather than yesterday.<br />
Still, yesterday, for Ibrahim, is both far away and<br />
uncomfortably close. Her upbr<strong>in</strong>g<strong>in</strong>g <strong>in</strong> H<strong>in</strong>nah, a village<br />
<strong>in</strong> the northern Nigerian state of Gombe, and ultimate<br />
rebellion from her prescribed way of life, follows her<br />
everywhere she goes. The memory of her father kick<strong>in</strong>g her<br />
out at the age of 13, when she refused to marry <strong>in</strong> exchange<br />
for a 50-pound bag of salt, is, at times, as vivid as if it had<br />
just happened. So too is the day she realized, with ach<strong>in</strong>g<br />
certa<strong>in</strong>ty, that she didn’t want to sell vegetables for the rest<br />
of her life. Instead, she wanted an education — an elusive<br />
concept for someone who was never even given a glimpse<br />
<strong>in</strong>to what a better life might look like. When her father<br />
kicked her out, Ibrahim was sent to live with an uncle<br />
who allowed her to attend elementary school and later, a<br />
teachers college. Perhaps most vivid <strong>in</strong> her chronological<br />
memory, however, is the day she went to live with her<br />
sister <strong>in</strong> a town that had electricity — and a television.<br />
One even<strong>in</strong>g, while watch<strong>in</strong>g television, she saw a woman<br />
(the state’s <strong>in</strong>formation commissioner) who mentioned an<br />
<strong>in</strong>terest <strong>in</strong> help<strong>in</strong>g girls from Nigeria receive an education.<br />
Armed early on with the knowledge that noth<strong>in</strong>g<br />
worth hav<strong>in</strong>g would be easy, Ibrahim would end up<br />
visit<strong>in</strong>g the commissioner’s office more than 30 times. She<br />
was never allowed <strong>in</strong>side. One day, though, after declar<strong>in</strong>g<br />
her a “nuisance,” the security guard granted her access<br />
if she promised never to return. Once <strong>in</strong>side, Ibrahim’s<br />
doggedness eventually conv<strong>in</strong>ced the commissioner<br />
to send her, with a bus<strong>in</strong>ess card, bus money and no<br />
promises, to the registrar at the <strong>University</strong> of Jos. Though<br />
her grades <strong>in</strong> English were poor, she was relentless <strong>in</strong> her<br />
ability to persuade university officials, just as she persuaded<br />
”<br />
the commissioner, to give her a chance.<br />
She was accepted <strong>in</strong>to a remedial program, then the<br />
university, then law school. The credentials just kept<br />
com<strong>in</strong>g after that. So too have the accolades. Already she’s<br />
become the first non-American woman lawyer to receive<br />
the Margaret Brent Women Lawyers of Achievement<br />
Award from the American Bar Association’s Commission<br />
on Women <strong>in</strong> the Profession, the Eleanor Roosevelt<br />
Global Women’s Rights Award from the Fem<strong>in</strong>ist Majority<br />
Foundation, the Italian Government Human Rights<br />
Award and the European Parliament’s Sakharov Prize for<br />
Freedom of Thought.<br />
Still, a little persistence with <strong>in</strong>formation<br />
commissioners and university officials proved no match<br />
for those responsible for uphold<strong>in</strong>g northern Nigeria’s<br />
strict Sharia penal code. Despite post-law school jobs as<br />
a police detective, a prosecutor at the M<strong>in</strong>istry of Justice<br />
and, later, as a solo practitioner serv<strong>in</strong>g the poor, Ibrahim<br />
was still miles away from be<strong>in</strong>g accepted for her work<br />
— particularly <strong>in</strong> Sharia court, where women are not<br />
recognized as equals.<br />
When she began work on her first case <strong>in</strong> 2000, she<br />
wasn’t allowed to speak <strong>in</strong> court, so her defense was based<br />
on notes she passed back and forth to a man who read her<br />
words aloud.<br />
After several weeks of frustration, Ibrahim did<br />
someth<strong>in</strong>g unheard of — she decided to speak.<br />
The judge was dumbfounded, yet allowed her a<br />
moment to make her po<strong>in</strong>t. Not want<strong>in</strong>g to push the<br />
envelope, Ibrahim said someth<strong>in</strong>g <strong>in</strong>nocuous and then<br />
sat back down, happy enough to know she was the first<br />
woman lawyer ever to be recognized <strong>in</strong> a Nigerian court<br />
under Sharia rule.<br />
With time, and unprecedented acceptance address<strong>in</strong>g<br />
the court, she was able to defend Lawal herself, argu<strong>in</strong>g<br />
that some of the charges aga<strong>in</strong>st her were not fully proven<br />
under the Sharia Penal Code. She made a case for the fact<br />
that Lawal had not understood the charges s<strong>in</strong>ce they were<br />
not given <strong>in</strong> her dialect, had not been caught <strong>in</strong> the act of<br />
adultery and was not represented by an attorney dur<strong>in</strong>g<br />
her trial. On September 25, 2003, the highest Sharia court<br />
<strong>in</strong> the state of Kats<strong>in</strong>a discharged and acquitted Lawal, and<br />
she was a free woman.<br />
Victories like this are what Hauwa Ibrahim lives for,<br />
but even after all the lives she’s saved, her own must surely<br />
be shadowed by a t<strong>in</strong>y black cloud. No one <strong>in</strong> her family<br />
has ever acknowledged her efforts.<br />
“I know I’m operat<strong>in</strong>g <strong>in</strong> an environment that<br />
doesn’t accept what I’m do<strong>in</strong>g,” says Ibrahim. “I’m quite<br />
used to it. My family th<strong>in</strong>ks what I’m do<strong>in</strong>g is wrong.<br />
I rebelled to go to school, to get someth<strong>in</strong>g done <strong>in</strong> my<br />
community. I rebelled and married a white man, an<br />
act that has never been mentioned <strong>in</strong> my community<br />
(it’s taboo because of the color of his sk<strong>in</strong>). I have done<br />
everyth<strong>in</strong>g on the negative of what I was brought up to<br />
do. If they don’t accept me, I perfectly understand.”<br />
Despite her lack of acceptance, she refuses to turn her<br />
back on her culture.<br />
“I don’t spite my people,” she says. “When I go back,<br />
I behave like a typical villager. I dr<strong>in</strong>k the water, eat the<br />
food and dress like my people. I want them to know I<br />
came from this place and have not changed. I want to<br />
send a message to the girls there that they can become<br />
someth<strong>in</strong>g. My people fear they’ll lose their values and<br />
culture like many people have <strong>in</strong> western society. I’m<br />
show<strong>in</strong>g them you can have a western education and still<br />
be a part of your culture.”<br />
Ibrahim’s message has not fallen on deaf ears.<br />
“When I was grow<strong>in</strong>g up, when a woman gave birth,<br />
the men would say, ‘Your wife has put to bed. Does she<br />
have a prostitute or a soldier?’ A soldier is a symbol of<br />
strength and that’s how people classified a male child. Now<br />
you don’t hear that, which I th<strong>in</strong>k is a huge change. I’ve<br />
even known a few people who have named their daughters<br />
after me. Some have even been <strong>in</strong>sulted by the fact that<br />
they have boys. ‘Look at Hauwa,’ they say, ‘I wish I had a<br />
girl like her.’ These are all slight, but powerful changes. I<br />
hope that will help more of my people come to accept that<br />
women are not bad as they were once thought to be.”<br />
If just one th<strong>in</strong>g can be learned from Ibrahim’s<br />
tortuous path through life, it’s that anyth<strong>in</strong>g is possible<br />
with hard work and a lot of faith. And while everyth<strong>in</strong>g we<br />
know about the world seems contrary to her belief that all<br />
of us are armed with the power to make the world a better<br />
place, when you hear the words escape her mouth, the idea<br />
seems perfectly possible.<br />
“We, as <strong>in</strong>dividuals <strong>in</strong> any country, really do have<br />
what it takes to change the world for the better,” she<br />
asserts. “I believe I’m one of the billions of people across<br />
the globe that can play my part. One part I’ve played is to<br />
speak out. I act. I do. I don’t live for past glory. I always<br />
ask myself, ‘What can I do today that is different?’ All of<br />
us play different roles <strong>in</strong> our little corners of the world by<br />
either mak<strong>in</strong>g the world a good place or a bad place.”<br />
You don’t need ten or two or three people to make<br />
that difference, Ibrahim says. All you need is just one<br />
person to change their perspective.<br />
“If you just smile at a person, even if he doesn’t<br />
smile at you, you can be responsible for giv<strong>in</strong>g someone<br />
a good beg<strong>in</strong>n<strong>in</strong>g to their day,” she notes. “We need to<br />
know the power we have and we need to use it.<br />
We all have it. When we keep on do<strong>in</strong>g that, the world<br />
will get better.”<br />
Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
photo by Jay Fram
com<strong>in</strong>g to<br />
America<br />
B Y T. J . G R E A N E Y<br />
For one wiry, quick-to-smile Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
School of Law LL.M. student, a trip across the<br />
ocean has spanned much more than just the miles<br />
<strong>in</strong> between.<br />
Mohammed Saleh Omer of Eritrea, a small<br />
country on Africa’s eastern horn, arrived <strong>in</strong> August<br />
eager to earn a degree that will help him practice law<br />
<strong>in</strong> his homeland.<br />
“It’s a big opportunity for me as well as for my<br />
family,” he admits. “I hope I can serve as a role model<br />
for my younger brothers and sisters. I want to show<br />
them that if they work hard, they can have similar<br />
opportunities.”<br />
Mohammed is the second of eleven children.<br />
For most of his life he and his family have shared<br />
dreams — and everyth<strong>in</strong>g else — <strong>in</strong> a four-room<br />
apartment <strong>in</strong> Asmara, Eritrea’s capital city.<br />
His home is a good place to go for plentiful<br />
smiles and enough food on the table to feed the<br />
thirteen <strong>in</strong> his immediate family, <strong>in</strong> addition to any<br />
aunts, uncles or neighbors who happen to stop by<br />
at meal time. The only item <strong>in</strong> short supply is space.<br />
Mohammed has grown up shar<strong>in</strong>g everyth<strong>in</strong>g he<br />
owns — <strong>in</strong>clud<strong>in</strong>g the bed he and an older brother<br />
have always partitioned.<br />
As a child,<br />
“Other<br />
firsts have<br />
<strong>in</strong>cluded<br />
brownies,<br />
baseball<br />
and a 70 mph<br />
drive on a<br />
four-lane<br />
highway.”<br />
Mohammed was forced<br />
to be aware of politics.<br />
Male relatives and family<br />
friends would disappear<br />
for years at a time to<br />
toil as guerrilla fighters<br />
<strong>in</strong> Eritrea’s struggle for<br />
<strong>in</strong>dependence. In 1993,<br />
after years of combat<br />
<strong>in</strong> the mounta<strong>in</strong>s and<br />
hundreds of thousands<br />
dead, Eritrea ga<strong>in</strong>ed<br />
its <strong>in</strong>dependence from<br />
Ethiopia. Today, the<br />
country is still Africa’s<br />
youngest.<br />
Hope was on the rise then as Mohammed and<br />
those of his generation went to school. Even after a<br />
bloody three-year resumption of war with Ethiopia<br />
shattered some dreams, th<strong>in</strong>gs were look<strong>in</strong>g up.<br />
Mohammed entered law school at Asmara <strong>University</strong><br />
<strong>in</strong> 1999, one of the few lucky enough to bypass<br />
extended military conscription for education.<br />
There were thirty prospective lawyers <strong>in</strong> his<br />
class and Mohammed, once aga<strong>in</strong>, found himself<br />
divid<strong>in</strong>g th<strong>in</strong>gs. He partitioned books because<br />
there were so few to go around, and he split time<br />
between his studies and work as a translator for<br />
his father, Saleh, who runs a bus<strong>in</strong>ess translat<strong>in</strong>g<br />
legal documents <strong>in</strong>to English, Arabic and Eritrea’s<br />
dom<strong>in</strong>ant language, Tigr<strong>in</strong>ya. Mohammed is fluent <strong>in</strong><br />
all three languages.<br />
After graduat<strong>in</strong>g near the top of his class,<br />
Mohammed was chosen to work as an attorney<br />
for the Office of the Legal Advisor to the Office of<br />
the President. He worked with a legal team made<br />
up of Eritrean and American attorneys whose job it<br />
was to compile <strong>in</strong>formation for a case to be heard<br />
at the permanent court of arbitration <strong>in</strong> The Hague,<br />
Netherlands. The case aimed to settle disputes over<br />
liability, war crimes and redraw the disputed border<br />
between Eritrea and Ethiopia. It is still ongo<strong>in</strong>g.<br />
Mohammed led trips <strong>in</strong>to the field to locate and<br />
<strong>in</strong>terview witnesses for his legal colleagues. He also<br />
did extensive work translat<strong>in</strong>g war-era documents <strong>in</strong>to<br />
English, the l<strong>in</strong>gua franca of the International Court.<br />
The work was a good distraction.<br />
Over the last five years Eritrea has regressed<br />
seriously <strong>in</strong> its avowed journey to democracy. It now<br />
ranks second to last among nations for freedom of the<br />
press, its constitution has never been implemented,<br />
dissenters are jailed without due process and<br />
elections are virtually non-existent.<br />
Mohammed applied to the School of Law <strong>in</strong><br />
December of 2005 after he learned that my father,<br />
Tim Greaney, is a professor here. At that time, I<br />
was work<strong>in</strong>g as a legal aid for the Eritrean Legal<br />
Advisor’s office.<br />
For Mohammed, apply<strong>in</strong>g to law school was<br />
a long process. After overcom<strong>in</strong>g some significant<br />
hurdles from Homeland Security, he arrived this<br />
August — two days after classes began.<br />
S<strong>in</strong>ce com<strong>in</strong>g to the United States, Mohammed<br />
has experienced some memorable “firsts,” such as<br />
his first time rid<strong>in</strong>g an escalator <strong>in</strong> Atlanta’s Hartsfield<br />
Airport. Unfortunately he rode it a bit too far, go<strong>in</strong>g<br />
outdoors only to return back through security just <strong>in</strong><br />
time to catch his flight to St. <strong>Louis</strong>. Other firsts have<br />
<strong>in</strong>cluded brownies, baseball and a 70 mph drive on a<br />
four-lane highway.<br />
Through it all, Mohammed keeps dipp<strong>in</strong>g <strong>in</strong>to<br />
an endless reservoir of composure. He is also start<strong>in</strong>g<br />
to believe his presence is someth<strong>in</strong>g of a good luck<br />
charm. S<strong>in</strong>ce he has arrived, the Card<strong>in</strong>als won<br />
the World Series, Metro L<strong>in</strong>k expanded to Clayton,<br />
where he hops on every morn<strong>in</strong>g for school, and<br />
an unseasonably warm start to the w<strong>in</strong>ter season<br />
allowed the young man from a scorched land a bit of<br />
reprieve from Jack Frost.<br />
Surpris<strong>in</strong>gly, the idea of snow wasn’t nearly<br />
as shock<strong>in</strong>g to Mohammed as was the idea of<br />
<strong>in</strong>teraction between professors and students at the<br />
School of Law.<br />
“At Asmara <strong>University</strong> there is not only a l<strong>in</strong>e<br />
between professors and students, there is also a river<br />
and maybe some mounta<strong>in</strong>s,” he says.<br />
For this reason, he was surprised to be<br />
casually <strong>in</strong>vited for lunch and taken along on field<br />
trips to Ill<strong>in</strong>ois Amish country and Busch Stadium<br />
by professors.<br />
He was also stunned that so much class time<br />
here is devoted to student participation. Eritrean<br />
culture generally discourages teachers from call<strong>in</strong>g on<br />
students at university.<br />
“It’s nice,” he says with a signature smile. “Here<br />
you learn a lot from each other and you learn to speak<br />
<strong>in</strong> front of others. It’s an important skill to have.”<br />
JUdgE THEOdORE M. MCMILLIAN<br />
Portrait Ceremony<br />
6 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
photos by Kev<strong>in</strong> Lowder<br />
On Thursday, October 19, family, friends, colleagues and former law clerks gathered<br />
<strong>in</strong> the William H. Kniep Courtroom to share stories and view, for the first time,<br />
a portrait of the late Judge Theodore McMillian. Speakers <strong>in</strong>cluded the Honorable<br />
Pasco M. Bowman of the U.S. Court of Appeals for the Eighth Circuit, Christopher<br />
J. Petr<strong>in</strong>i, Petr<strong>in</strong>i & Associates, the Honorable Jimmie E. Edwards, ’81, of the 22nd<br />
Judicial Circuit, City of St. <strong>Louis</strong>, Harry B. Wilson Jr., ’74, of Husch & Eppenberger<br />
and the Honorable Joseph J. Simeone, Professor Emeritus, Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
School of Law. The portrait will grace the walls of the law library read<strong>in</strong>g room.
Jacquel<strong>in</strong>e Albus, ’99<br />
Jacquel<strong>in</strong>e, you graduated from college with an<br />
account<strong>in</strong>g degree and passed the CPA exam.<br />
After law school you worked for five years as an<br />
associate with a large firm <strong>in</strong> St. <strong>Louis</strong>. What<br />
spurred you to become an FBI special agent?<br />
I came to realize that my practice area—<br />
estate and gift tax—is a very complicated one.<br />
I had not come close to learn<strong>in</strong>g all there is<br />
to know about the practice, but I felt I had<br />
learned as much as I wanted to know about it<br />
at the time. I wanted to do someth<strong>in</strong>g more<br />
mean<strong>in</strong>gful. Serv<strong>in</strong>g my country appealed to me.<br />
And as a physically active person, I wanted to<br />
do someth<strong>in</strong>g that comb<strong>in</strong>ed both physical and<br />
<strong>in</strong>tellectual challenges.<br />
Was your family supportive of your decision to<br />
become an FBI agent?<br />
Absolutely. I th<strong>in</strong>k they are more proud of this<br />
than anyth<strong>in</strong>g else I’ve accomplished.<br />
photo by Nathan Mandell<br />
Tell me about the FBI application process. How<br />
did you beg<strong>in</strong>?<br />
I applied onl<strong>in</strong>e [at www.fbi.gov].<br />
How long did the process take from start to f<strong>in</strong>ish?<br />
It was about a year from the day I sent <strong>in</strong> the<br />
onl<strong>in</strong>e application until I arrived for tra<strong>in</strong><strong>in</strong>g at the<br />
FBI Academy <strong>in</strong> Quantico, Va.<br />
Can you describe the application process step<br />
by step?<br />
After I applied onl<strong>in</strong>e, I received a letter<br />
<strong>in</strong>vit<strong>in</strong>g me to take the first test, which is called<br />
Phase I. Phase I is a standardized multiple-choice<br />
test that measures cognitive reason<strong>in</strong>g. I took Phase<br />
I <strong>in</strong> St. <strong>Louis</strong>, which is where I’m from.<br />
After I passed that, I had a screen<strong>in</strong>g <strong>in</strong>terview<br />
and moved on to Phase II, which <strong>in</strong>volved a writ<strong>in</strong>g<br />
test and an <strong>in</strong>terview with a board of three agents.<br />
After pass<strong>in</strong>g both phases, I received a conditional<br />
offer of employment.<br />
Jacquel<strong>in</strong>e Albus is a special<br />
agent with the Fbi, where<br />
she started work<strong>in</strong>g last year.<br />
Student Lawyer ’s Donna Gerson<br />
learned how she got a job with<br />
the agency and how she uses<br />
her law degree to <strong>in</strong>vestigate<br />
public corruption<br />
“Serv<strong>in</strong>g Her Country” by Donna Gerson, published <strong>in</strong><br />
Student Lawyer, Volume 35, No. 2, October 2006. ©<br />
2006 by the American Bar Association. Reproduced with<br />
permission. All rights reserved. This <strong>in</strong>formation or any<br />
portion thereof may not be copied or dissem<strong>in</strong>ated <strong>in</strong> any<br />
form or by any means or stored <strong>in</strong> an electronic database or<br />
retrieval system without the express written consent of the<br />
American Bar Association.<br />
What happened next?<br />
I had to take a polygraph test, submit to a<br />
background check, and pass a physical fitness test,<br />
which <strong>in</strong>cluded push-ups, sit-ups, a mile-and-a-half<br />
run, and a 300-meter spr<strong>in</strong>t.<br />
Did you have to relocate when you accepted your<br />
job with the FBI?<br />
Yes. I was processed through my hometown St.<br />
<strong>Louis</strong> office, and my first assignment is <strong>in</strong> Chicago.<br />
New agents cannot immediately work <strong>in</strong> the city<br />
from which they were recruited, but they can<br />
request their hometown for future assignments.<br />
So once you become an FBI agent, you really don’t<br />
have much say regard<strong>in</strong>g where you’ll be posted?<br />
Technically that’s true, but they do allow<br />
tra<strong>in</strong>ees at Quantico to rank all the field offices <strong>in</strong><br />
order of preference. There are 56 offices to choose<br />
from. Most people get the region they want, but<br />
assignments are ultimately up to the bureau’s needs.<br />
You need to be flexible and a bit adventurous?<br />
Right, and that is articulated to you from the<br />
first day.<br />
Tell me about your tra<strong>in</strong><strong>in</strong>g at Quantico.<br />
It was 17 weeks long. The curriculum is 50<br />
percent academic and 50 percent practical. The<br />
practical component <strong>in</strong>cludes physical fitness,<br />
defensive tactics, and firearms tra<strong>in</strong><strong>in</strong>g. [All special<br />
agents get firearms tra<strong>in</strong><strong>in</strong>g and carry guns as part<br />
of the job.] A large amount of the academic tra<strong>in</strong><strong>in</strong>g<br />
is legal tra<strong>in</strong><strong>in</strong>g, with a focus on crim<strong>in</strong>al law,<br />
crim<strong>in</strong>al procedure, and constitutional law.<br />
How would you describe your overall tra<strong>in</strong><strong>in</strong>g<br />
experience?<br />
It was great. Every recruit has a different<br />
background—whether it’s legal, law enforcement,<br />
or military—and br<strong>in</strong>gs a different set of skills to<br />
the table. Everybody is learn<strong>in</strong>g someth<strong>in</strong>g new.<br />
For <strong>in</strong>stance, I had never held a weapon or done<br />
defensive tactics tra<strong>in</strong><strong>in</strong>g before. It’s challeng<strong>in</strong>g<br />
because you’re learn<strong>in</strong>g new th<strong>in</strong>gs at a fairly rapid<br />
pace. Most of us are perfectionists, but the tra<strong>in</strong><strong>in</strong>g<br />
is difficult. I learned a lot from my classmates as<br />
well as my <strong>in</strong>structors.<br />
Jacquel<strong>in</strong>e Albus Resumé Highlights<br />
Education<br />
Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> School of Law, J.D. (1999)<br />
Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong>, B.A. <strong>in</strong> account<strong>in</strong>g (1996)<br />
Work experience<br />
Federal Bureau of Investigation, special agent,<br />
Chicago Division, White Collar Crime Program,<br />
Public Corruption Squad (2005–present)<br />
Husch & Eppenberger, LLC, St. <strong>Louis</strong> (1999–2004)<br />
Professional affiliations<br />
American Bar Association<br />
CPA certificate, Missouri State Board of<br />
Accountancy (1996)<br />
What were your classmates at Quantico like?<br />
Probably more than half of them were<br />
married, and many had young children.<br />
Everybody talks about how the bureau is one big<br />
family. I have some friends who are agents who<br />
have parents who are agents, and that’s someth<strong>in</strong>g<br />
that everybody feels. I th<strong>in</strong>k that agents who have<br />
spouses and children would agree that the bureau<br />
is conducive to family life.<br />
You won the Director’s Leadership Award. What<br />
was that for?<br />
That was when I was at Quantico. Each<br />
class votes for a member who best demonstrates<br />
leadership skills and the qualities that make a good<br />
agent. It was <strong>in</strong>credibly flatter<strong>in</strong>g to receive that<br />
award from my classmates. I th<strong>in</strong>k it was only the<br />
second time that a female received the Director’s<br />
Leadership Award.<br />
You’re currently assigned to the White Collar<br />
Crime Program Public Corruption Squad <strong>in</strong><br />
Chicago. What types of cases do you work on?<br />
We handle <strong>in</strong>vestigations of bribery,<br />
fraud, money launder<strong>in</strong>g, extortion, and law<br />
enforcement corruption.<br />
How much desk work versus field work do<br />
you do?<br />
We do a lot of paperwork, and I enjoy that<br />
because I like to write. That’s part of the reason<br />
I enjoyed law school so much. It’s hard to assign<br />
a percentage to how much time I spend do<strong>in</strong>g<br />
<strong>in</strong>terviews or how much time I spend out on<br />
arrests, perform<strong>in</strong>g searches, or do<strong>in</strong>g covert<br />
operations. It comes and goes <strong>in</strong> waves depend<strong>in</strong>g<br />
on what stage of a case I’m <strong>in</strong>.<br />
It sounds like you have lots of variety <strong>in</strong> your dayto-day<br />
work.<br />
Absolutely. In private practice, I sat at my<br />
desk and talked on the phone all day. As a special<br />
agent, I’m us<strong>in</strong>g my educational background and<br />
legal skills to do th<strong>in</strong>gs I never could have done <strong>in</strong><br />
practice. It’s def<strong>in</strong>itely someth<strong>in</strong>g that challenges<br />
you and forces you to be creative.<br />
What’s the work environment like?<br />
There’s def<strong>in</strong>itely a team approach. You can<br />
always ask the agents on your squad for help or<br />
bounce ideas off them.<br />
Do you work with assistant U.S. attorneys?<br />
Yes, I deal with them daily. So much of what<br />
we do has legal implications. Each case is assigned<br />
to at least one assistant U.S. attorney. Special agents<br />
keep <strong>in</strong> touch with them to make sure all the legal<br />
issues are ironed out.<br />
Do you f<strong>in</strong>d your legal education is vital to your<br />
work as a special agent?<br />
Absolutely. A great deal of the job <strong>in</strong>volves<br />
work<strong>in</strong>g with the U.S. attorney’s office and<br />
understand<strong>in</strong>g law.<br />
How many open cases do you handle at once?<br />
Personally, I now have five open cases. I th<strong>in</strong>k<br />
the agents on my squad typically carry five to eight<br />
cases. Because our cases tend to be very complex<br />
and very long term, we usually have only a small<br />
number of cases compared with the other squads.<br />
Have you handled any terrorism cases?<br />
No, I haven’t. At this time, the FBI’s<br />
counter-terrorism division is separate from its<br />
crim<strong>in</strong>al division.<br />
Is lateral movement possible between divisions?<br />
Yes. Each division has a preference list. You<br />
can put your name on a list to get transferred<br />
back home, for example. There are also transfers<br />
for agents with backgrounds <strong>in</strong> specialty areas.<br />
Do you f<strong>in</strong>d yourself us<strong>in</strong>g your account<strong>in</strong>g<br />
background as an FBI special agent?<br />
Yes, quite a bit. With public corruption<br />
<strong>in</strong>vestigations, you are deal<strong>in</strong>g with people who<br />
are pay<strong>in</strong>g bribes, receiv<strong>in</strong>g bribes, and gett<strong>in</strong>g<br />
kickbacks. We get subpoenas to look at f<strong>in</strong>ancial<br />
documents to try and figure out where these<br />
people are putt<strong>in</strong>g the money that you know<br />
they’re gett<strong>in</strong>g.<br />
What tips do you have for law students who are<br />
consider<strong>in</strong>g careers <strong>in</strong> the FBI?<br />
I th<strong>in</strong>k it’s important to ga<strong>in</strong> good experience<br />
after law school, whether it’s <strong>in</strong> private practice or<br />
government work such as prosecution. The bureau<br />
doesn’t accept people for full-time positions straight<br />
out of law school.<br />
Are there summer <strong>in</strong>ternships for law students?<br />
Yes. The FBI offers summer <strong>in</strong>ternships. Many<br />
law students get their start that way.<br />
Beyond the stated hir<strong>in</strong>g criteria, what is the FBI<br />
seek<strong>in</strong>g <strong>in</strong> special agent applicants?<br />
They are look<strong>in</strong>g for people who are wellrounded<br />
and adept at establish<strong>in</strong>g and build<strong>in</strong>g<br />
relationships. The FBI is about work<strong>in</strong>g with people<br />
and build<strong>in</strong>g relationships, and we want people to<br />
come to the table who can do that.<br />
We want creative th<strong>in</strong>kers to come to us.<br />
Get some life experience. Do someth<strong>in</strong>g that you<br />
th<strong>in</strong>k might expand your horizon. Be<strong>in</strong>g able to<br />
<strong>in</strong>teract with people is huge for our job. Special<br />
agents are always <strong>in</strong>terview<strong>in</strong>g people, whether<br />
they are witnesses, subjects, sources, or whoever.<br />
Where do you see yourself five years from now?<br />
It’s hard to say. Eventually, I can start pursu<strong>in</strong>g<br />
other specialties and <strong>in</strong>terests with<strong>in</strong> the bureau.<br />
I want to do some th<strong>in</strong>gs that are completely<br />
different from my background. That’s part of the<br />
reason why I came to this job—to do someth<strong>in</strong>g<br />
different and be out of my comfort zone. At some<br />
po<strong>in</strong>t it would be <strong>in</strong>terest<strong>in</strong>g to do more covert<br />
work. I also th<strong>in</strong>k it would be <strong>in</strong>terest<strong>in</strong>g to get<br />
more tra<strong>in</strong><strong>in</strong>g <strong>in</strong> defensive tactics.<br />
I don’t see myself work<strong>in</strong>g <strong>in</strong> public<br />
corruption for the next 10 years. I would like to<br />
try and move around with<strong>in</strong> the crim<strong>in</strong>al division.<br />
It’s hard to say because I am so new. I just know<br />
that there are so many options. That’s one of the<br />
reasons the FBI appealed to me—you can become<br />
as specialized and active as you want to be.<br />
8 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief
FACULTy<br />
vieW In 2002 I was <strong>in</strong>vited to jo<strong>in</strong> AAHRPP’s<br />
by Jesse A. goldner<br />
John D. Valent<strong>in</strong>e<br />
Professor of Law<br />
Jesse A. Goldner holds<br />
secondary appo<strong>in</strong>tments <strong>in</strong> the<br />
Departments of Psychiatry and<br />
Pediatrics at the <strong>University</strong>’s<br />
School of Medic<strong>in</strong>e as well<br />
as <strong>in</strong> both its School of Public<br />
Health and the Center for Health<br />
Care Ethics. Together with<br />
three co-authors, <strong>in</strong> 2005 he<br />
published Ethics and Regulation<br />
of Research with Human<br />
Subjects (Lexis). In addition to<br />
his work with AAHRPP, <strong>in</strong> the<br />
fall of 2005 he was appo<strong>in</strong>ted<br />
to the 19 person Accreditation<br />
Committee of the American Bar<br />
Association’s Section on Legal<br />
Education and Admissions to the<br />
Bar, which is responsible for the<br />
accreditation of law schools <strong>in</strong><br />
the United States.<br />
Reduc<strong>in</strong>g the Perils of<br />
Participat<strong>in</strong>g <strong>in</strong> Research<br />
on Human Subjects<br />
Nicole Wan was a 19-year-old freshman at the<br />
<strong>University</strong> of Rochester <strong>in</strong> 1996. Ellen Roche<br />
was a 24-year-old laboratory technician at Johns<br />
Hopk<strong>in</strong>s <strong>University</strong>’s Asthma and Allergy Center<br />
<strong>in</strong> 2001. Jesse Gels<strong>in</strong>ger was an 18-year-old who<br />
lived <strong>in</strong> Arizona <strong>in</strong> 1999. What the three had <strong>in</strong><br />
common was that each participated <strong>in</strong> a cl<strong>in</strong>ical<br />
research study. Each died as a result.<br />
Wan and Roche were “healthy<br />
volunteers.” Gels<strong>in</strong>ger suffered from Ornith<strong>in</strong>e<br />
Transcarbamylase Deficiency, a genetic disorder<br />
that causes excessive amounts of ammonia to<br />
appear <strong>in</strong> the blood. While without treatment the<br />
disorder can lead to behavioral disorders, mental<br />
retardation, coma or even death, Gels<strong>in</strong>ger had<br />
been do<strong>in</strong>g well on his then current medication<br />
regime. The study was a “lead<strong>in</strong>g edge” gene<br />
transfer <strong>in</strong>vestigation, conducted at the <strong>University</strong><br />
of Pennsylvania, that the researchers thought<br />
might ameliorate the condition. Though some<br />
federal regulations mandate review of many<br />
proposed studies such as these, little monitor<strong>in</strong>g<br />
occurs regard<strong>in</strong>g how those reviews are conducted.<br />
Investigations after the deaths <strong>in</strong> each situation<br />
concluded that appropriate guidel<strong>in</strong>es for the<br />
conduct of the research had not been followed at<br />
the <strong>in</strong>stitutions.<br />
In 1965 lead<strong>in</strong>g veter<strong>in</strong>arians and<br />
researchers organized what is now known as<br />
the American Association for Accreditation<br />
of Laboratory Animal Care International, as<br />
a private, nonprofit organization. Over the<br />
last 41 years it has accredited more than 670<br />
operations worldwide (<strong>in</strong>clud<strong>in</strong>g organizations<br />
such as Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong>, Stanford<br />
<strong>University</strong>, the National Institutes of Health and<br />
GlaxoSmithKl<strong>in</strong>e pharmaceuticals), elevat<strong>in</strong>g the<br />
standard for research laboratory animal care to<br />
new levels. Rather strangely (and cynically, some<br />
might observe), it was only a mere five years ago<br />
that a similar organization, the Association for<br />
the Accreditation of Human Research Protection<br />
Programs, Inc. (AAHRPP) was created to offer a<br />
comparable program to <strong>in</strong>stitutions that conduct<br />
or review biomedical, social and behavioral<br />
science research <strong>in</strong> which human be<strong>in</strong>gs serve as<br />
research subjects.<br />
AAHRPP was established by seven found<strong>in</strong>g<br />
organizations, <strong>in</strong>clud<strong>in</strong>g groups such as the<br />
Association of American Medical Colleges, the<br />
American Association of Universities and the<br />
National Association of State Universities and<br />
Land Grant Colleges. A national organization<br />
based <strong>in</strong> Wash<strong>in</strong>gton, D.C., it developed <strong>in</strong><br />
the wake of a series of discipl<strong>in</strong>ary measures<br />
aga<strong>in</strong>st research <strong>in</strong>stitutions taken by various<br />
federal agencies, such as the Food and Drug<br />
Adm<strong>in</strong>istration and the U.S. Department<br />
of Health and Human Services, which are<br />
responsible for oversee<strong>in</strong>g the manner <strong>in</strong> which<br />
such research occurs. Those actions <strong>in</strong>volved<br />
stopp<strong>in</strong>g or severely limit<strong>in</strong>g the conduct of<br />
research at some of the country’s lead<strong>in</strong>g medical<br />
centers <strong>in</strong>clud<strong>in</strong>g, among others, Duke, Johns<br />
Hopk<strong>in</strong>s and the <strong>University</strong> of Pennsylvania after<br />
the deaths of Wan, Roche and Gels<strong>in</strong>ger. As one<br />
small example of the effects of the federal agencies’<br />
actions, the annual budget for human subject<br />
participant protection programs at Duke <strong>in</strong>creased<br />
from approximately $100,000 to over $1 million<br />
<strong>in</strong> the course of a few months as it attempted to<br />
meet requisite federal standards.<br />
In response to the result<strong>in</strong>g public concern<br />
for protect<strong>in</strong>g research participants, AAHRPP was<br />
established “not only to ensure compliance with<br />
federal regulations, but to raise the bar <strong>in</strong> human<br />
research protection by help<strong>in</strong>g <strong>in</strong>stitutions reach<br />
performance standards that surpass the threshold of<br />
state and federal requirements.” The organization<br />
also aims to “promote scientifically meritorious and<br />
ethically sound research by foster<strong>in</strong>g and advanc<strong>in</strong>g<br />
the ethical and professional conduct of persons<br />
and organizations that engage <strong>in</strong> research with<br />
human participants.” AAHRPP achieves its mission<br />
by us<strong>in</strong>g an accreditation process based on selfassessment,<br />
peer review and education.<br />
<strong>in</strong>itial Council on Accreditation, which<br />
determ<strong>in</strong>es the status of applicant organizations.<br />
In 2005 I served as the Council’s first<br />
chairperson and cont<strong>in</strong>ue to participate by<br />
serv<strong>in</strong>g as a member of the group and by<br />
conduct<strong>in</strong>g site evaluation visits on its behalf.<br />
The <strong>in</strong>vitation to jo<strong>in</strong> the Council came about<br />
for three reasons, each related to my work<br />
at SLU: (1) For some eighteen years I had<br />
been a member of (and, from 1998 through<br />
2003, had chaired) SLU’s Institutional Review<br />
Board (IRB). This is an <strong>in</strong>terdiscipl<strong>in</strong>ary<br />
group, <strong>in</strong>clud<strong>in</strong>g both scientists and nonscientists,<br />
primarily comprised of faculty from<br />
throughout the <strong>University</strong>, but also <strong>in</strong>clud<strong>in</strong>g<br />
non-<strong>University</strong>-affiliated <strong>in</strong>dividuals. The<br />
IRB, through a peer review process, evaluates<br />
<strong>in</strong>dividual proposals to conduct research<br />
<strong>in</strong>volv<strong>in</strong>g human subjects by faculty, staff and<br />
graduate students at the <strong>University</strong>. The purpose<br />
is to ensure that ethical pr<strong>in</strong>ciples are followed,<br />
primarily by see<strong>in</strong>g to it that <strong>in</strong>vestigators are<br />
m<strong>in</strong>imiz<strong>in</strong>g risks to research participants and<br />
obta<strong>in</strong><strong>in</strong>g appropriate <strong>in</strong>formed consent from<br />
these subjects. (2) Much of my academic writ<strong>in</strong>g<br />
<strong>in</strong> the last decade has focused on the regulation<br />
of research. Most recently, I co-authored a law<br />
school casebook on the subject. (3) S<strong>in</strong>ce 1988<br />
I had regularly conducted site evaluations of<br />
other American law schools for purposes of their<br />
accreditation on behalf of the Accreditation<br />
Committee of the American Bar Association’s<br />
Section on Legal Education and Admissions<br />
to the Bar. This familiarized me with the<br />
accreditation process, albeit of a very<br />
different type.<br />
How does AAHRPP work? AAHRPP is not<br />
affiliated with the government. It is <strong>in</strong>stitutions,<br />
<strong>in</strong>clud<strong>in</strong>g universities, hospitals and free-stand<strong>in</strong>g<br />
research facilities, that voluntarily apply to<br />
AAHRPP for accreditation. Applicants must<br />
complete a wide-rang<strong>in</strong>g questionnaire and<br />
submit extensive support<strong>in</strong>g materials, <strong>in</strong>clud<strong>in</strong>g<br />
their policies and procedures, all relat<strong>in</strong>g to how<br />
their <strong>in</strong>stitution goes about protect<strong>in</strong>g the rights<br />
of those who serve as research participants. This<br />
is <strong>in</strong> an effort to evaluate that they meet some<br />
twenty different standards that <strong>in</strong>clude seventyfive<br />
separate elements. Among the issues explored<br />
are the <strong>in</strong>volvement of organizational leaders<br />
and the adequacy of resources they provide<br />
to the process. In review<strong>in</strong>g the competency<br />
and sophistication of the <strong>in</strong>stitution’s research<br />
The purpose is to <strong>in</strong>sure that<br />
ethical pr<strong>in</strong>ciples are followed,<br />
primarily by see<strong>in</strong>g to it that<br />
<strong>in</strong>vestigators are m<strong>in</strong>imiz<strong>in</strong>g<br />
risks to research participants.<br />
“<br />
”<br />
review units (typically the IRBs), we exam<strong>in</strong>e<br />
their abilities to (a) assess risks and benefits; (b)<br />
oversee the appropriate recruitment and selection<br />
of subjects; (c) protect participants’ privacy and<br />
the confidentiality of the data obta<strong>in</strong>ed; and<br />
(d) monitor the process of obta<strong>in</strong><strong>in</strong>g <strong>in</strong>formed<br />
consent from participants and the content of the<br />
<strong>in</strong>formation provided to them.<br />
Another focus is that of the <strong>in</strong>vestigators<br />
themselves: their familiarity with research ethics,<br />
their abilities to follow applicable laws and<br />
regulations and their understand<strong>in</strong>g that the<br />
protections of the rights and welfare of research<br />
participants is their primary concern. Attention<br />
also is paid to the nature of the contractual<br />
relationship between the organization itself and<br />
outside agencies such as pharmaceutical and<br />
medical device companies that sponsor research.<br />
This <strong>in</strong>volves ensur<strong>in</strong>g that there is appropriate<br />
communication of <strong>in</strong>formation that might affect<br />
the ongo<strong>in</strong>g oversight of research protocols by<br />
IRBs as well as maximiz<strong>in</strong>g the likelihood that<br />
the benefits of the knowledge obta<strong>in</strong>ed through<br />
research are realized and the <strong>in</strong>terests of current<br />
and future participants are protected. F<strong>in</strong>ally, the<br />
standards address how the organization responds<br />
to concerns of research participants and engages<br />
<strong>in</strong> outreach efforts by offer<strong>in</strong>g educational<br />
opportunities to participants to enable them to<br />
better understand research.<br />
After the submitted materials are reviewed,<br />
AAHRPP appo<strong>in</strong>ts a site evaluation team,<br />
typically comprised of two to five members who<br />
have tra<strong>in</strong><strong>in</strong>g and experience <strong>in</strong> conduct<strong>in</strong>g<br />
evaluations and who have no affiliations with the<br />
applicant <strong>in</strong>stitution. They will spend between<br />
two and five days at the <strong>in</strong>stitution, depend<strong>in</strong>g<br />
on its size and number of research projects at the<br />
<strong>in</strong>stitution. They then draft a lengthy and highly<br />
detailed report describ<strong>in</strong>g what they encountered<br />
at the <strong>in</strong>stitution, <strong>in</strong>clud<strong>in</strong>g an exam<strong>in</strong>ation<br />
of protocols and other records and <strong>in</strong>terviews<br />
with <strong>in</strong>vestigators, staff and members of the<br />
IRB. Ultimately, these reports are reviewed by<br />
the Council on Accreditation which determ<strong>in</strong>es<br />
if the standards have been met so as to merit<br />
accreditation. Not <strong>in</strong>frequently, <strong>in</strong>stitutions are<br />
placed <strong>in</strong> an “accreditation pend<strong>in</strong>g” category<br />
when the Council determ<strong>in</strong>es that additional<br />
efforts need to be made by the <strong>in</strong>stitution. At the<br />
present time some thirty-n<strong>in</strong>e <strong>in</strong>stitutions have<br />
met accreditation standards, though nearly four<br />
hundred are “<strong>in</strong> the pipel<strong>in</strong>e” and will be site<br />
visited with<strong>in</strong> the next year or two.<br />
The process, both for <strong>in</strong>stitutions and<br />
for those who conduct site evaluations and<br />
participate <strong>in</strong> Council reviews, is an arduous<br />
one. As critical as the development of ongo<strong>in</strong>g<br />
scholarship <strong>in</strong> this area may be, it is equally<br />
important that those of us who spend much of<br />
our time <strong>in</strong> the proverbial ivory tower, recognize<br />
the need to “descend” and expend some of our<br />
efforts <strong>in</strong> the hands-on work that may more<br />
directly affect the ability of researchers and their<br />
<strong>in</strong>stitutions to protect research participants like<br />
Nicole Wan, Ellen Roche and Jesse Gels<strong>in</strong>ger. As<br />
AAHRPP accreditation becomes more prevalent,<br />
it is quite likely that the safety of research subjects<br />
will <strong>in</strong>crease and the lives and health of countless<br />
others will benefit as well.<br />
20 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief 2
FACULTy<br />
PRoFiLe<br />
Michael<br />
Korybut<br />
“ To be a happy,<br />
fulfilled and contented<br />
law student or lawyer,<br />
an essential <strong>in</strong>gredient<br />
is to know and<br />
be true to yourself.<br />
”<br />
Resumé<br />
• Associate Professor of Law<br />
• Claremont McKenna College, B.A., 1985, Magna<br />
Cum Laude; Stanford Law School, J.D., 1990,<br />
Executive Editor, Stanford Law Review<br />
• Lecturer, Stanford Law School, Fall 1997, Fall 1998,<br />
Spr<strong>in</strong>g 1999<br />
• Lecturer, Santa Clara <strong>University</strong> School of Law,<br />
Spr<strong>in</strong>g 1998, Spr<strong>in</strong>g 1999<br />
• Associate Attorney, Gray Cary Ware & Friedenrich,<br />
Palo Alto, CA, January 1995-July 1996<br />
• Associate Attorney, Heller, Ehrman, White &<br />
McAuliffe, San Francisco, CA, November 1990-May<br />
1992<br />
• Recipient, Student Bar Association Faculty Member<br />
of the Year Award 2001 and 2002<br />
Personal Reflections<br />
We have a great law school. After ten years of<br />
teach<strong>in</strong>g, the last seven of which have been at the<br />
School of Law, I cherish our collegial faculty and<br />
earnest students. I regularly say to my wife how<br />
lucky I am to be able to teach here, and I th<strong>in</strong>k my<br />
genu<strong>in</strong>e enthusiasm for our law school makes me a<br />
better teacher and colleague.<br />
Traditionally, law schools have not done a very<br />
good job at prepar<strong>in</strong>g students for corporate and<br />
commercial transactional work. I practiced for four<br />
years as a transactional, commercial lawyer, and I<br />
remember dur<strong>in</strong>g my first year th<strong>in</strong>k<strong>in</strong>g how little I<br />
had been taught <strong>in</strong> law school about the structure of<br />
commercial transactions, the content of commercial<br />
contracts and the draft<strong>in</strong>g and negotiat<strong>in</strong>g of these<br />
contracts. Dean Jeff Lewis, who arrived with me<br />
and four other professors at the law school <strong>in</strong> 1999,<br />
asked me to develop a course that would prepare<br />
our students <strong>in</strong> these ways. For the last five years,<br />
I have taught Advanced Secured Transactions<br />
with the aspiration of giv<strong>in</strong>g our graduates the<br />
knowledge and skills a new commercial or<br />
corporate transactional lawyer would need dur<strong>in</strong>g<br />
his or her first year of legal practice. I th<strong>in</strong>k Dean<br />
Lewis’ attention to this aspect of legal education<br />
dist<strong>in</strong>guishes our law school from many others.<br />
How do I get good grades <strong>in</strong> law school? How do I<br />
get a job <strong>in</strong> a good law firm? Throughout the years,<br />
I’ve heard many students ask these questions,<br />
and rightly so. What I have heard far less often,<br />
however, are students ask<strong>in</strong>g how they can be<br />
happy, fulfilled and contented lawyers; and that is a<br />
shame. I have come to believe that one of my most<br />
important roles is to encourage students to ask and<br />
answer this question. I tell students that to be a<br />
happy, fulfilled and contented law student or lawyer,<br />
an essential <strong>in</strong>gredient is to know and be true to<br />
yourself. What makes you passionate, what puts<br />
a spr<strong>in</strong>g <strong>in</strong> your step? Pursue that th<strong>in</strong>g <strong>in</strong> a legal<br />
career and you will be successful <strong>in</strong> the sense that<br />
you will enjoy what you do.<br />
Secured enthusiasm<br />
Michael Korybut’s ability to teach and his<br />
enthusiasm for it are well recognized at the School<br />
of Law. S<strong>in</strong>ce jo<strong>in</strong><strong>in</strong>g the faculty <strong>in</strong> 1999, he has<br />
received the Faculty of the Year award twice.<br />
“I’ve tried to create a methodology that recognizes<br />
each student learns differently,” he says. “I also<br />
tend to ground my teach<strong>in</strong>g <strong>in</strong> problem solv<strong>in</strong>g. It’s<br />
important students understand law <strong>in</strong> action. And,<br />
it’s more fun to teach that way because it engages<br />
students. I absolutely love be<strong>in</strong>g <strong>in</strong> the classroom.”<br />
Professor Korybut is equally enthusiastic about his<br />
scholarship. Intellectual stimulation was one of the<br />
ma<strong>in</strong> reasons he was attracted to academia. His<br />
pr<strong>in</strong>cipal research <strong>in</strong>terest is secured transactions<br />
— foreclosure sales <strong>in</strong> particular.<br />
“What fasc<strong>in</strong>ates me most is what creditors do when<br />
they repossess and sell collateral,” he says. “What<br />
is their methodology for identify<strong>in</strong>g efficient markets<br />
and reasonable sale practices? Do they consult<br />
lawyers? Do they look at legal precedent? Do they<br />
go to the bus<strong>in</strong>ess community and ask, ‘How do you<br />
guys normally sell these goods?’ We don’t know<br />
because very little empirical <strong>in</strong>vestigation and writ<strong>in</strong>g<br />
has been done <strong>in</strong> this area. If we try to implement<br />
a law or policy about the most commercially<br />
reasonable way to sell repossessed goods, these<br />
would be good th<strong>in</strong>gs to know.”<br />
Right on Track<br />
Each of us can appreciate how good it feels to<br />
be recognized for a job well done, particularly<br />
when we’ve dedicated a good part of our lives<br />
to a profession that, at times, may be less than<br />
forgiv<strong>in</strong>g. For Stephen J. Murphy III, on February<br />
17, 2005, such recognition manifested itself <strong>in</strong><br />
the form of a presidential nom<strong>in</strong>ation to the<br />
position of U.S. Attorney for the Eastern District<br />
of Michigan, and aga<strong>in</strong> dur<strong>in</strong>g his June 8, 2005<br />
confirmation by unanimous consent of the Senate.<br />
Murphy speaks of his current post with<br />
candor. “Nobody can plan for a presidential<br />
appo<strong>in</strong>tment,” he makes clear, “but if you<br />
conduct yourself academically, as well as <strong>in</strong> life,<br />
<strong>in</strong> a certa<strong>in</strong> way, th<strong>in</strong>gs tend to work out.” He<br />
credits his Jesuit education of ethics, honesty<br />
and the legal tradition at Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
as the enabl<strong>in</strong>g factors of his eligibility for<br />
appo<strong>in</strong>tment as U.S. Attorney.<br />
It was that Jesuit tradition that played a<br />
role <strong>in</strong> Murphy’s selection of law school — both<br />
his high school and college education were<br />
steeped <strong>in</strong> the tradition. Yet another <strong>in</strong>fluence<br />
was Murphy’s father. A 1972 graduate of Sa<strong>in</strong>t<br />
<strong>Louis</strong> <strong>University</strong> School of Law, Murphy’s<br />
father ran a sole proprietorship firm <strong>in</strong> south<br />
St. <strong>Louis</strong>. “I grew up mirror<strong>in</strong>g my father’s<br />
role as an attorney,” Murphy reflects. Given his<br />
father’s legacy, and his desire to cont<strong>in</strong>ue his<br />
education under the Jesuit framework, Sa<strong>in</strong>t<br />
<strong>Louis</strong> <strong>University</strong> was the natural choice for his<br />
legal education.<br />
Murphy proved to be an active law student,<br />
and identified his <strong>in</strong>terest <strong>in</strong> public service<br />
early. As a member of the moot court team,<br />
Murphy asked the team’s adviser, Professor<br />
Dennis Tuchler, “What do you th<strong>in</strong>k about the<br />
prospects of work<strong>in</strong>g for the Department of<br />
Justice as a public servant?” to which Tuchler<br />
responded, “If you th<strong>in</strong>k you’re good enough<br />
for it, it’s a terrific career path.” Determ<strong>in</strong>ed,<br />
Murphy accepted this implied challenge to do<br />
better and get <strong>in</strong>to the Department.<br />
In realization of a personal goal, Murphy<br />
found himself <strong>in</strong> Wash<strong>in</strong>gton, D.C., shortly<br />
after graduation, accept<strong>in</strong>g a position with the<br />
Department of Justice’s Civil and Tax Division.<br />
Although hav<strong>in</strong>g achieved his goal of jo<strong>in</strong><strong>in</strong>g<br />
B Y J O H N S T E F F Y, 3 L<br />
the DOJ, Murphy had no illusions about<br />
his position as a new lawyer. “It’s the most<br />
precarious time of our career,” he says. “I was<br />
thrust <strong>in</strong>to the D.C. market with some of the<br />
best m<strong>in</strong>ds <strong>in</strong> the bus<strong>in</strong>ess where I was able to<br />
hold my own with a SLU law degree.”<br />
Far beyond “hold<strong>in</strong>g his own,” Murphy<br />
rema<strong>in</strong>ed a litigator with the Tax Division until<br />
1992, when he became an Assistant United<br />
States Attorney (AUSA) for the Eastern District<br />
of Michigan, <strong>in</strong> which capacity he prosecuted a<br />
wide range of cases <strong>in</strong>clud<strong>in</strong>g white collar crime.<br />
After eight years as an AUSA, Murphy shifted<br />
gears and accepted a position as counsel <strong>in</strong> the<br />
legal department of General Motors, where he<br />
rema<strong>in</strong>ed from 2000 until 2005.<br />
In 2005, Murphy was nom<strong>in</strong>ated and<br />
confirmed as the U.S. Attorney for the Eastern<br />
District of Michigan, where he manages<br />
an office of approximately 200 people,<br />
communicates directly with the Attorney<br />
General, works closely with the FBI and<br />
works to protect over 6.5 million people and a<br />
border with Canada, all while try<strong>in</strong>g to rema<strong>in</strong><br />
sensitive to the needs of the people he serves.<br />
“The best th<strong>in</strong>g I’ve done s<strong>in</strong>ce becom<strong>in</strong>g a U.S.<br />
Attorney is develop relationships with local and<br />
civil society,” he says. Indeed he has, and <strong>in</strong> a<br />
novel way. Murphy, <strong>in</strong> conjunction with the<br />
National Security Chief and their coord<strong>in</strong>ator,<br />
made the Eastern District of Michigan the<br />
first federal district to br<strong>in</strong>g <strong>in</strong> private sector<br />
security managers to the Anti-Terrorism<br />
Advisory Council, a division of their National<br />
Security Unit (chaired by Murphy). By do<strong>in</strong>g<br />
so, he has extended his partnerships beyond<br />
law enforcement to <strong>in</strong>clude the private citizens<br />
under their protection who are often the first<br />
true responders <strong>in</strong> an emergency.<br />
With little over a year s<strong>in</strong>ce his<br />
confirmation, Stephen J. Murphy has already<br />
proven himself to be an <strong>in</strong>novative leader and<br />
public servant on the federal level who has<br />
successfully ma<strong>in</strong>ta<strong>in</strong>ed and strengthened his ties<br />
to the community he serves. He never forgot the<br />
challenge he made to himself as a student and,<br />
today, cont<strong>in</strong>ues to challenge himself, work<strong>in</strong>g to<br />
make visible differences <strong>in</strong> the lives of others.<br />
stephen J. Murphy, ’87<br />
U.S. Attorney<br />
for the eastern District<br />
of michigan<br />
22 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief 2<br />
ALUmni<br />
PRoFiLe
ALUmni SnAPSHoTS<br />
SAINT LOUIS UNIVERSITY<br />
LAW reunion<br />
October 13<br />
2006<br />
Trivia Night<br />
photos by Dolan & Associates Photography<br />
October 14<br />
2006<br />
Class D<strong>in</strong>ners<br />
2 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief 2
ALUmni<br />
Q&A<br />
Khavan sok, ’06<br />
Researcher, Office of<br />
Co-<strong>in</strong>vestigat<strong>in</strong>g Judges,<br />
Cambodian genocide Tribunal<br />
A Journey<br />
Toward Justice<br />
Khavan Sok came to the U.S. when he was just a freshman <strong>in</strong> high<br />
school. He lived <strong>in</strong> Seattle with family acqua<strong>in</strong>tances, attend<strong>in</strong>g a<br />
bil<strong>in</strong>gual high school, then moved to Richmond, Virg<strong>in</strong>ia, to live with<br />
an uncle and complete his senior year of high school. He attended<br />
the <strong>University</strong> of Virg<strong>in</strong>ia, graduat<strong>in</strong>g <strong>in</strong> 2002, and took a year off<br />
to pursue work as a freelance writer. It was dur<strong>in</strong>g this time that<br />
he discovered a true connection to work deal<strong>in</strong>g with reparations<br />
from the Cambodian genocides of 1975–1979. Today, he acts<br />
as a researcher for the Office of Co-Investigat<strong>in</strong>g Judges on the<br />
Cambodian Genocide Tribunal <strong>in</strong> his home country. Sa<strong>in</strong>t <strong>Louis</strong><br />
Brief spoke with Sok about his journey.<br />
When was the first time you knew you were <strong>in</strong>terested <strong>in</strong> do<strong>in</strong>g<br />
work relat<strong>in</strong>g to the Khmer Rouge?<br />
I took a course <strong>in</strong> Southeast Asia <strong>in</strong> the tenth grade and wrote a<br />
paper on the Khmer Rouge. It piqued my <strong>in</strong>terest <strong>in</strong> the subject and<br />
eventually grew <strong>in</strong>to a passion. After college, I decided to extend<br />
my research on the topic and focused my work on it for a full year.<br />
What did you do dur<strong>in</strong>g your year as a freelancer?<br />
I worked for a small NGO established by Sody Lay, a Cambodian<br />
American from Columbia Law School. He started a Web site<br />
designed to help other Khmer Cambodian scholars, and everyone<br />
who contributed wrote about Cambodian issues.<br />
How did you meet Sody Lay?<br />
I met him through a mutual friend at a conference for a Cambodian<br />
filmmaker. He quickly became my mentor. He had a real passion<br />
for this work, and was devoted to gett<strong>in</strong>g the word out about<br />
Cambodian issues.<br />
When did people beg<strong>in</strong> to understand what happened dur<strong>in</strong>g<br />
the Cambodian genocide?<br />
No one knew exactly what happened until decades later. When the<br />
movie “The Kill<strong>in</strong>g Fields” came out <strong>in</strong> 1984, many of the atrocities<br />
were illustrated and people began to realize just how serious it was.<br />
Had you done work on Cambodian issues prior to graduat<strong>in</strong>g<br />
from college?<br />
Yes. I <strong>in</strong>terned with researchers <strong>in</strong> the Cambodian Genocide<br />
Program at Yale the summer of my junior year <strong>in</strong> college. The<br />
last year of the grant (2001), I worked with the Program’s director,<br />
Susan Cook. From 1997-2003, the UN was negotiat<strong>in</strong>g with<br />
the Cambodian government to form a tribunal to prosecute the<br />
Khmer Rouge, which received a lot of national attention. I wrote<br />
a research paper that kept track of the negotiation process. That’s<br />
how I was discovered. Helen Jarvis, the adviser to the Cambodian<br />
government and a crucial person <strong>in</strong> the negotiation process, knew<br />
Susan Cook. Through her, Helen got to know my work. In January<br />
of 2003, when the negotiation team from Cambodia came to the<br />
UN <strong>in</strong> New York, I got to work with the team for a week.<br />
They knew I was go<strong>in</strong>g to law school, but I still cont<strong>in</strong>ued<br />
work<strong>in</strong>g with the Cambodian government. After the first summer<br />
of law school I went back to Cambodia and <strong>in</strong>terned for those who<br />
worked on the task force <strong>in</strong> charge of negotiations with the UN. I<br />
worked for the secretariat to the task force, help<strong>in</strong>g them draft the<br />
code of procedure for the tribunal. This tribunal is a Cambodian<br />
court set up with<strong>in</strong> the Cambodian system with UN support. They<br />
have to draft a compromise between Cambodian civil procedure<br />
and the <strong>in</strong>ternational civil procedure. The UN wanted a m<strong>in</strong>imum<br />
standard <strong>in</strong> the tribunal or they wouldn’t participate – so the<br />
Cambodian government had to pass a new set of legislation to<br />
create an extraord<strong>in</strong>ary chamber (the Khmer Rouge court) and<br />
come up with a new set of laws and procedures, separate from the<br />
current Cambodian procedure.<br />
I also went back the summer of my second year, do<strong>in</strong>g similar<br />
work. I’m fortunate to have been <strong>in</strong> the right place at the right time,<br />
gett<strong>in</strong>g to know the right people.<br />
Why did you choose to go to law school?<br />
I always try to challenge myself. After my freelance work, I thought<br />
of law school as another challenge. I’ve thought about the law s<strong>in</strong>ce<br />
my sophomore year <strong>in</strong> college. While <strong>in</strong> school, I loved study<strong>in</strong>g<br />
at the law school on campus. I loved be<strong>in</strong>g <strong>in</strong> an <strong>in</strong>tellectual<br />
community and talk<strong>in</strong>g with law students. They had a career night<br />
and everyone talked about the work they did over the summer. A<br />
student there went to Cambodia and worked with a family try<strong>in</strong>g<br />
to get their land back <strong>in</strong> a dispute. She worked with a NGO try<strong>in</strong>g<br />
to help them. I was amazed at what she’d done and wanted to go<br />
back to Cambodia and be a lawyer and help others. That’s when I<br />
decided to apply to law school.<br />
I was offered a scholarship to Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> School<br />
of Law and was glad to have a chance to live here the last three<br />
years. I wanted to live <strong>in</strong> a bigger city than Richmond, and St. <strong>Louis</strong><br />
is one of the biggest cities <strong>in</strong> the Midwest. I spent a lot of time on<br />
the east and west coasts, so liv<strong>in</strong>g here was a nice change for me.<br />
What are some of your best memories <strong>in</strong> this country?<br />
I’ve practically grown up here and have thoroughly enjoyed<br />
experienc<strong>in</strong>g a different way of life and meet<strong>in</strong>g so many new<br />
people. I never saw anyone chew tobacco before com<strong>in</strong>g to this<br />
country. And I never saw a Card<strong>in</strong>als game before.<br />
What’s your advice to people who wish to pursue a passion,<br />
even if it’s one that requires a great deal of sacrifice?<br />
I would say that as long as you’re do<strong>in</strong>g what you like, though the<br />
short-term payment may seem m<strong>in</strong>imal, you will often f<strong>in</strong>d that even<br />
with sacrifice, it’s the right decision. It’s almost never a bad choice<br />
to follow your passion.<br />
— As told to Stefanie Ellis<br />
Q&A<br />
Don Anton’s life has<br />
taken him far — literally.<br />
A St. <strong>Louis</strong> native, he<br />
spent the first 26 years of<br />
his life <strong>in</strong> his hometown,<br />
pledg<strong>in</strong>g allegiance to<br />
the sports teams he still,<br />
to this day, follows with<br />
rapt attention.<br />
Though his career has taken him to another cont<strong>in</strong>ent, he<br />
still rema<strong>in</strong>s connected <strong>in</strong> ways that would make his city<br />
proud. He took some time to chat with Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
about his journey from the Show-Me-State to the land of<br />
kangaroos and didgeridoo, his passion for <strong>in</strong>ternational<br />
environmental law and his contributions to shap<strong>in</strong>g future<br />
generations of lawyers.<br />
you’ve lived abroad a while. Do you still th<strong>in</strong>k<br />
of St. <strong>Louis</strong>?<br />
St. <strong>Louis</strong> is still <strong>in</strong> my bones. I have pictures of all the<br />
sport<strong>in</strong>g venues of my childhood (Sportsman’s Park, the<br />
Arena, the old Busch Stadium) on the walls of my office.<br />
I still consider the city my first home and cont<strong>in</strong>ue to<br />
religiously follow the Card<strong>in</strong>als (naturally delighted with the<br />
World Series w<strong>in</strong>), Billikens and Blues via video and audio<br />
stream<strong>in</strong>g broadcasts.<br />
What made you want to get <strong>in</strong>to law?<br />
I was born <strong>in</strong> 1960 and grew up watch<strong>in</strong>g Americans make<br />
melioristic legal claims for equality, civil rights, greater<br />
economic participation, environmental protection, etc. I<br />
frequently watched and read news about lawyers help<strong>in</strong>g<br />
Americans make these progressive and socially beneficial<br />
claims through law. As a result, like many, I came to<br />
develop a view of the lawyer as “hero,” a champion for the<br />
oppressed, a fighter for the public <strong>in</strong>terest. I went to law<br />
school because I wanted to be like that — to advocate<br />
worthy causes on behalf of others.<br />
Why did you choose to get <strong>in</strong>to <strong>in</strong>ternational/<br />
environmental law?<br />
I did not contemplate practic<strong>in</strong>g either International<br />
Law or Environmental Law when I entered law school.<br />
donald K. anton, ’86<br />
Professor, <strong>University</strong> of melbourne Law School<br />
I did not take either subject while <strong>in</strong> law school. Even<br />
when I graduated, these fields (and especially their<br />
<strong>in</strong>tersection) were not on my radar. Instead, after several<br />
years of a scenic, but not very “heroic” practice of law<br />
<strong>in</strong> Boise, Idaho — mostly defend<strong>in</strong>g the <strong>in</strong>terests of<br />
m<strong>in</strong><strong>in</strong>g companies, polluters and <strong>in</strong>surance companies<br />
— I made the decision to try to become an <strong>in</strong>ternational<br />
environmental lawyer. My decision was largely motivated<br />
by prom<strong>in</strong>ent transboundary environmental <strong>in</strong>cidents that<br />
took place <strong>in</strong> the 1980s, like Chernobyl, Exxon Valdez,<br />
Ra<strong>in</strong>bow Warrior. It seemed to me that there was very<br />
little applicable law and that there was an opportunity to<br />
develop not only expertise, but the law itself, <strong>in</strong> an area<br />
that the <strong>in</strong>ternational community would <strong>in</strong>creas<strong>in</strong>gly need<br />
and call on.<br />
I was also personally restless at that time (1989-1990) and<br />
decided to look at postgraduate legal education outside of<br />
the United States. The government of Australia offered a<br />
full scholarship to study International Environmental Law <strong>in</strong><br />
Sydney and I arrived <strong>in</strong> Australia <strong>in</strong> March of 1991. With<strong>in</strong><br />
months I met my future wife <strong>in</strong> Canberra (where we now<br />
live and teach together). A year and a half after com<strong>in</strong>g to<br />
Australia, my still future wife and I traveled to Columbia<br />
<strong>University</strong> School of Law <strong>in</strong> New York so she could pursue<br />
her S.J.D. degree. I was eventually hired as a Research<br />
Associate at Columbia <strong>University</strong>, work<strong>in</strong>g with two of the<br />
world’s most <strong>in</strong>fluential <strong>in</strong>ternational lawyers, Professors<br />
Lou Henk<strong>in</strong> and Oscar Schacter. When we returned to<br />
Australia <strong>in</strong> 1994, both of us were hired by the <strong>University</strong><br />
of Melbourne Law School. I created the first course <strong>in</strong><br />
International Environmental Law at Melbourne Law School<br />
<strong>in</strong> 1995 and have been teach<strong>in</strong>g and practic<strong>in</strong>g it ever s<strong>in</strong>ce.<br />
Describe your work.<br />
I teach law to aspir<strong>in</strong>g lawyers <strong>in</strong> Australia. International<br />
Environmental Law (IEL) is still my passion, but I have<br />
taught across the curriculum, <strong>in</strong>clud<strong>in</strong>g Property Law<br />
and Torts. The courses I regularly teach <strong>in</strong>clude: IEL,<br />
International Law, Mar<strong>in</strong>e and Coastal Law, Human<br />
Rights and the Environment, International Trade and the<br />
Environment, and Federalism and the Environment. I also<br />
cont<strong>in</strong>ue to teach <strong>in</strong> the United States. In 2003, I was a<br />
visit<strong>in</strong>g professor at the <strong>University</strong> of Michigan Law School,<br />
where I taught a course on International Environmental<br />
Law. In 2007, I will be a visit<strong>in</strong>g professor at the <strong>University</strong><br />
of Alabama School of Law, where I will be teach<strong>in</strong>g<br />
courses on International Human Rights and Environmental<br />
Justice and Rights.<br />
What other work do you do <strong>in</strong> your field?<br />
In addition to teach<strong>in</strong>g, I cont<strong>in</strong>ue to practice public<br />
<strong>in</strong>terest environmental law <strong>in</strong> Australia and around the<br />
world through participation <strong>in</strong> the Environmental Law<br />
26 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief 2<br />
ALUmni ALUmni PRoFiLe Q&A<br />
photo courtesy of Donald K. Anton, ’86<br />
Alliance Worldwide (E-LAW). E-LAW is a group of public<br />
<strong>in</strong>terest environmental lawyers, scientists and academics<br />
from 58 countries around the world that assist each<br />
other <strong>in</strong> protect<strong>in</strong>g the environment across borders. In<br />
my teach<strong>in</strong>g, I regularly have students assist my E-LAW<br />
colleagues with real cases around the world. I used to<br />
travel regularly to Papua New Gu<strong>in</strong>ea and the Solomon<br />
Islands to assist <strong>in</strong> environmental litigation and tra<strong>in</strong><strong>in</strong>g<br />
and I have served as a course <strong>in</strong>structor for the United<br />
Nations Environment Program <strong>in</strong> a course designed to<br />
tra<strong>in</strong> high-level adm<strong>in</strong>istrators from develop<strong>in</strong>g countries<br />
<strong>in</strong> environmental law and policy. My research cont<strong>in</strong>ues to<br />
focus on International Law and Environmental Law.<br />
What are the differences between legal education as well<br />
as the practice of law between the u.S. and Australia?<br />
The two most significant differences <strong>in</strong> legal<br />
education here are:<br />
1. Most students come to law school directly from high<br />
school. No first degree is required. As a result, students<br />
are much more immature and uncerta<strong>in</strong> about the<br />
future direction they want their lives to take.<br />
2. “Lectur<strong>in</strong>g” without a great deal of student participation<br />
is still widely used as the primary means of<br />
<strong>in</strong>struction as opposed to the use of Socratic or, more<br />
contemporarily, modified Socratic techniques.<br />
The three most significant differences <strong>in</strong> practice here are:<br />
1. Instead of a bar exam, most would-be lawyers get<br />
qualified to practice by do<strong>in</strong>g a six-month “practitioners”<br />
course follow<strong>in</strong>g graduation from law school.<br />
2. The profession is still, by custom, very much a split<br />
profession with barristers do<strong>in</strong>g the appearance work<br />
and solicitors do<strong>in</strong>g pretty much everyth<strong>in</strong>g else.<br />
3. Once admitted to practice <strong>in</strong> any jurisdiction <strong>in</strong><br />
Australia, you are automatically entitled to be admitted<br />
<strong>in</strong> every other jurisdiction under the Mutual Recognition<br />
Act 1992 (Cth).
CLASS<br />
noTeS<br />
from the archives<br />
some th<strong>in</strong>gs never change...<br />
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want to share?<br />
Send us photos of your time at law<br />
school and it might be <strong>in</strong> the next issue<br />
of Sa<strong>in</strong>t <strong>Louis</strong> Brief.<br />
E-mail brief@law.slu.edu or mail to:<br />
Sa<strong>in</strong>t <strong>Louis</strong> Brief<br />
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St. <strong>Louis</strong>, MO 63108<br />
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1966<br />
Gerry Ortbals of St<strong>in</strong>son<br />
Morrison Hecker LLP <strong>in</strong> St.<br />
<strong>Louis</strong>, was selected for <strong>in</strong>clusion<br />
<strong>in</strong> The Best Lawyers <strong>in</strong> America<br />
2007. He was recognized for his<br />
first amendment law practice.<br />
1974<br />
James A. Coles, co-chair<br />
of Bose McK<strong>in</strong>ney & Evans<br />
Intellectual Property Group <strong>in</strong><br />
Indianapolis, has been named<br />
one of the best lawyers <strong>in</strong> the<br />
United States by “The Best of<br />
the U.S.,” an onl<strong>in</strong>e referral<br />
guide to service professionals<br />
<strong>in</strong> the United States. He is<br />
currently an adjunct professor<br />
at Indiana <strong>University</strong> School<br />
of Law.<br />
Chip Misko of St<strong>in</strong>son<br />
Morrison Hecker LLP <strong>in</strong><br />
St. <strong>Louis</strong>, was recently selected<br />
for <strong>in</strong>clusion <strong>in</strong> The Best Lawyers<br />
<strong>in</strong> America 2007. He was<br />
recognized <strong>in</strong> real estate law.<br />
Edw<strong>in</strong> L. Noel, senior trial<br />
partner at Armstrong Teasdale<br />
<strong>in</strong> St. <strong>Louis</strong>, will assume the<br />
position of the new chairman<br />
of the board of the Attorneys’<br />
Liability Assurance Society.<br />
He will serve a two-year term<br />
commenc<strong>in</strong>g with the 2006<br />
annual general meet<strong>in</strong>g <strong>in</strong><br />
Toronto, Canada, on June 23.<br />
1975<br />
George T. Byrnes received<br />
the Silver Beaver award from the<br />
Greater St. <strong>Louis</strong> Area Council<br />
of the Boy Scouts. This is the<br />
organization’s highest adult<br />
volunteer award presented<br />
locally, and requires approval<br />
by the National Council.<br />
Gerard T. Carmody,<br />
pr<strong>in</strong>cipal partner at Carmody<br />
MacDonald P.C. <strong>in</strong> St. <strong>Louis</strong>, has<br />
been selected for <strong>in</strong>clusion <strong>in</strong> The<br />
Best Lawyers <strong>in</strong> America 2007.<br />
1978<br />
Mark A. Schuer<strong>in</strong>g, a circuit<br />
judge of the Eighth Judicial<br />
Circuit and adjunct professor<br />
at Qu<strong>in</strong>cy <strong>University</strong>, has been<br />
elected first vice president of<br />
the Ill<strong>in</strong>ois Judges Association<br />
headquartered <strong>in</strong> Chicago.<br />
1980<br />
Carol Chazen Friedman, a<br />
solo practitioner <strong>in</strong> St. <strong>Louis</strong>,<br />
is a 2006 recipient of the<br />
Michael R. Roser Excellence<br />
<strong>in</strong> Bankruptcy Practice Award<br />
from the Missouri Bar’s<br />
Commercial Law Committee.<br />
1981<br />
Erw<strong>in</strong> O. Switzer, pr<strong>in</strong>cipal<br />
at Carmody MacDonald P.C. <strong>in</strong><br />
St. <strong>Louis</strong>, has been selected for<br />
<strong>in</strong>clusion <strong>in</strong> The Best Lawyers <strong>in</strong><br />
America 2007.<br />
1992<br />
James R. Cantal<strong>in</strong> has been<br />
named the president of the<br />
Lawyers Association of St. <strong>Louis</strong><br />
for 2006-2007. He has been<br />
with Carmody Maconald P.C.<br />
s<strong>in</strong>ce November 2004, where he<br />
practices medical professional<br />
defense litigation.<br />
1993<br />
Thomas E. Fagan has received<br />
the 2006 Missouri Lawyers<br />
Weekly Up & Com<strong>in</strong>g Lawyers<br />
Award. He has been with<br />
Wuestl<strong>in</strong>g & James, L.C. <strong>in</strong><br />
St. <strong>Louis</strong> s<strong>in</strong>ce 2001, where he<br />
handles workers’ compensation<br />
claims and civil liability cases.<br />
1998<br />
Ed Mart<strong>in</strong>, chairman of the<br />
St. <strong>Louis</strong> Board of Election<br />
Commissioners, has been<br />
appo<strong>in</strong>ted chief of staff to<br />
Governor Matt Blunt. Mart<strong>in</strong>,<br />
a found<strong>in</strong>g partner of the Sa<strong>in</strong>t<br />
<strong>Louis</strong> general practice firm<br />
Mart<strong>in</strong> & Simmonds, relocated<br />
with his family to the Jefferson<br />
City area after beg<strong>in</strong>n<strong>in</strong>g work<br />
<strong>in</strong> his official capacity on<br />
September 1, 2006.<br />
2000<br />
Sheryl L. Butler has been<br />
promoted to manager of Labor<br />
and Employee Relations for<br />
Sa<strong>in</strong>t <strong>Louis</strong> Public Schools.<br />
2001<br />
Felicia Maynard earned her<br />
master’s degree <strong>in</strong> library science<br />
from Catholic <strong>University</strong> <strong>in</strong><br />
2005, and performed her library<br />
practicum at the U.S. Supreme<br />
Court. She recently left her<br />
position at the law library of<br />
Cov<strong>in</strong>gton & Burl<strong>in</strong>gton to<br />
work as a Research Information<br />
Specialist at the American<br />
Association of Retired Persons<br />
(AARP) Headquarters.<br />
Kelly A. Struhs of Stoll, Stoll,<br />
Berne, Lokt<strong>in</strong>g & Schlachter<br />
<strong>in</strong> Portland, Oregon, has been<br />
elected new director for the<br />
Multnomah Bar Association<br />
Young Lawyers Section (YLS).<br />
She has also served as chair of<br />
the YLS Pro Bono Committee.<br />
2003<br />
Abdul-Hakim Shabazz<br />
was featured on the Glenn<br />
Beck Show on CNN headl<strong>in</strong>e<br />
news on June 19, 2006,<br />
where he addressed Indiana’s<br />
deals leas<strong>in</strong>g toll-roads to<br />
overseas conglomerates, and its<br />
nationwide implications.<br />
2004<br />
Daniel T. Simpson Jr. has<br />
jo<strong>in</strong>ed the civil practice group<br />
of Evans & Dixon, LLC <strong>in</strong><br />
St. <strong>Louis</strong>. He is also a member<br />
of the American Intellectual<br />
Property Law Association and<br />
the American Chemical Society.<br />
2005<br />
Kather<strong>in</strong> M. Cuneo,<br />
a St. <strong>Louis</strong> native, has jo<strong>in</strong>ed the<br />
St. <strong>Louis</strong> office of Evans &<br />
Dixon, LLC.<br />
Sarah Pelud has opened<br />
her own practice, Pelud Law<br />
Firm, LLC. <strong>in</strong> Cheshire,<br />
Connecticut, and focuses on<br />
U.S. immigration law.<br />
2006<br />
April S. Haag has become<br />
an associate at the firm of<br />
Sandberg, Phoenix & von<br />
Gontard P.C. <strong>in</strong> St. <strong>Louis</strong>.<br />
Adrienne Price has jo<strong>in</strong>ed<br />
Sandberg, Phoenix & von<br />
Gontard P.C. <strong>in</strong> St. <strong>Louis</strong> as<br />
an associate.<br />
Keli N. Robertson has taken<br />
her extensive experience <strong>in</strong> the<br />
mortgage <strong>in</strong>dustry to the St.<br />
<strong>Louis</strong> office of Sandberg,<br />
Phoenix & von Gontard P.C. <strong>in</strong><br />
her new position, “of counsel”.<br />
Annual Fund<br />
The School of Law Annual Fund<br />
supports student activities,<br />
academic programs and alumni<br />
services. To make a gift, go onl<strong>in</strong>e<br />
at law.slu.edu/alumni/giftform.<br />
Thank you.<br />
<strong>in</strong><br />
memoriam<br />
John J. Flanagan Jr., 1939<br />
Charles N. Welsch Jr., 1939<br />
Thomas J. Krauska Sr., 1942<br />
Hoyte C. Evans, 1950<br />
John A. Travers, 1950<br />
Harold Gruenberg, 1951<br />
James L. Sullivan Jr., 1954<br />
Phillip P. Doherty, 1956<br />
Kenneth V. Byrne, 1964<br />
Stephen F. Meyer, 1964<br />
Helton Reed, 1974<br />
Donald J. Gramke, 1985<br />
Frances M. weir (Messmer), 1996<br />
28 Sa<strong>in</strong>t <strong>Louis</strong> Brief Fall 2006 Fall 2006 Sa<strong>in</strong>t <strong>Louis</strong> Brief 2<br />
SenD US An<br />
UPDATe<br />
Moved lately? Changed<br />
your e-mail address? Have<br />
a new job?<br />
The Office of Development and<br />
Alumni Relations wants to hear<br />
your latest news and get updated<br />
<strong>in</strong>formation so we can keep you<br />
<strong>in</strong>formed about School of Law<br />
events and news.<br />
go to law.slu.edu/alumni and click<br />
“update my <strong>in</strong>formation.”<br />
you can also e-mail your class<br />
notes to brief@law.slu.edu<br />
or send a letter to:<br />
Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong><br />
School of Law<br />
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3700 L<strong>in</strong>dell Blvd.<br />
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St. <strong>Louis</strong>, MO 63108<br />
CL ASS noTeS
School of Law<br />
3700 L<strong>in</strong>dell Blvd.<br />
St. <strong>Louis</strong>, MO 63108<br />
calendar of<br />
events ’07<br />
January 5 Fall Degree Conferral<br />
6 Admissions Open House<br />
26 Barrister’s Ball Sponsored by SBA<br />
February 7 Spr<strong>in</strong>gfield, Ill<strong>in</strong>ois, Alumni Reception<br />
21 Metro East (Madison County) Alumni Reception<br />
27 Health Law Speaker: Pamela H. Bucy<br />
28 Metro East (St. Clair County) Alumni Reception<br />
March 2 Death Penalty Conference<br />
5 Speaker Frank Wu Sponsored by Multicultural Affairs<br />
11 Kansas City Alumni Reception<br />
19 Speaker Charles Ogletree Sponsored by Multicultural Affairs<br />
23 Moot Court Competition<br />
23 PILG Auction at Randall Gallery<br />
27 Health Law Speaker: Peter D. Jacobson<br />
30 Health Law Symposium<br />
April 13 Academic Excellence Awards<br />
16 Health Law Speaker: Troyen A. Brennan<br />
May 17 Hood<strong>in</strong>g<br />
19 Sa<strong>in</strong>t <strong>Louis</strong> <strong>University</strong> Commencement<br />
June 6 Wash<strong>in</strong>gton, D.C., Alumni Reception<br />
Non Profit Org.<br />
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