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Documents Relating to Judicial Reform
Judicial Conflict of InterestAdjunct professorships, board memberships, paid travel to resort locations, and scholarships to their families create a blatant conflict of interest for judges who preside over Tulane cases.Investing in Judicial LoyaltyPaid travel for judges may facilitate favorable treatment for Tulane University by the courts.Friends in High PlacesGood relationships with judges may help secure favored treatment for Tulane.Tulane's Scholarship ScandalHow a scheme involving scholarship gifts to judges and legislators in Louisiana can be a corrupting influence.On Judicial Misconduct and DisciplineA critique by noted judicial activist, Elena Ruth Sassower, on the current status of judicial discipline.Contemporary Judicial DisciplineMisconduct complaints against federal judges are shrouded in secrecy and generally dismissed with little or no explanation or regard to merit.Judicial Immunity"In the American judicial system, few more serious threats to individual liberty can be imagined than a corrupt judge."A Legacy of BetrayalHow Tulane engaged in subornation of perjury to obtain false testimony from a witness.Betrayal of Taxpayer SupportTulane opens a branch in nearby Biloxi, Mississippi, to teach "gaming-related courses" despite Biloxi's competition with Louisiana's ailing casino industry.The Louisiana DecisionPart 1: Louisiana legislators are asked to reconsider Tulane's legislative scholarship program and its status as a private institution.Act 43 of 1884Part 2: A reminder to legislators to take a stand on a program that primarily benefits out-of-state students at the expense of public education in Louisiana.
Part 3: A White Paper is sent to Louisiana legislators, media outlets, political organizations, concerned citizens and gubernatorial candidates urging a public debate of Tulane's legislative scholarship program and its status as a private institution.
Part 4: Suggestions are given to a state legislator who questioned where the state would find the financial resources to accomplish a takeover of Tulane University.
Part 5: A state takeover and incorporation into the Louisiana State University System can prevent the collapse of Hurricane Katrina-damaged Tulane University.
The constitutional amendment that established the Tulane University of Louisiana and the legislative scholarship program.Johnson ControlsHow an engineering company plans to "rescue" Hurricane Katrina-damaged New Orleans.Saving Public Schools, Tulane StyleWhy Tulane's self-praise over the status of public education in post-Katrina New Orleans is unwarranted.A Tale of Three SchoolsA church school is gutted by the National Guard, FEMA upgrades an exclusive charter school, and a formerly flourishing public school lies abandoned.Robbin' da 'HoodGiving to the rich and taking from the poor is a New Orelans tradition.Letter to Judge Ginger BerriganBernofsky asks Judge Berrigan to recuse herself after learning that she is teaching a Tulane course in Greece during the summer of 2000 for which Tulane paid her $5,500.Should Judge Ginger Berrigan Be Censured?Presiding over Bernofsky's retaliation lawsuit against Tulane while preparing to teach a course in Greece for which she was paid $5,500 by Tulane may make Judge Berrigan a candidate for judicial discipline.Recognition of Judicial ErrorA judge's disclosure of his Tulane University affiliation suggests the recognition of judicial error in Bernofsky's lawsuits, where disclosure was withheld.Case-Fixing RouletteA judge involved in fixing a case for a defendant is called upon to pass judgment on another caught doing the same.Recusal StatutesThe "Codes of Conduct" standard for judges who are adjunct faculty at law schools, and a proposed amendment to 28 U.S.C. § 455.Faculty Judges Should Recuse in University CasesThe Faculty Rights Coalition argues that adjunct professor judges should agree, as a precondition of employment, not to hear cases that involve the institution where they teach.Squeezing Ambiguity from a Rock of ClaritySplit hairs, parsed words, and misquoted canons are not a legitimate basis for non-recusal. Analysis of Judge Berrigan's Order and Reasons.Guidance from AboveThe recusal of Justice Antonin Scalia from two Tulane cases puts pressure on Judge Berrigan to follow suit. Both were paid by Tulane to teach in Greece.Judicial MisconductA law school dean expresses concern that the conduct of judges is destroying faith, trust, and confidence in the legal system.When Judges Fight Judicial CorruptionThe wife of duly-elected Judge Matthew E. McMillan describes how Judge George K. Brown Jr., the defeated incumbent, conspired with lawyers, politicians, and other judges to unseat her husband and destroy his career.When Attorneys Fight Judicial CorruptionAttorney Roger Weidner recounts his attempt to obtain justice for the rightful beneficiary of an estate that was wrongfully seized by an unscrupulous attorney who had friends in high places.When Citizens Fight Judicial CorruptionAnne Morrow documents in her book, A Case of Injustice, the horrendous events that nearly ruined her life when she turned to the judicial system with a complaint against a well-connected landlord who refused to honor a provision of a lease agreement.Legal Abuse SyndromeThis variant of Post Traumatic Stress Disorder has been traced to protracted, bruising litigation in which the affected party ultimately fails to receive justice because his or her ability to fully present their case in a fair, due-process hearing was denied or blocked by a prejudiced court, untrustworthy lawyers, or both.Round-Robbin' Debt Collectors Eleanor Schiano was surprised to discover that the courts were unwilling to help her redress her grievance against the lawyers who fraudulently seized the money she had raised topay-off her credit card debt and the card issuer who refused to cancel the debt.Fraud on the Court Karin Huffer outlines eight stages through which unscrupulous attorneys and obliging courts defrauded her family of its business and personal assets and left it desperate, demoralized, and vulnerable to disease.When Activists Fight Judicial CorruptionFor attempting to present her objections to the Senate Judiciary Committee over the confirmation of a judicial appointee, judicial activist Elena Ruth Sassower was arrested, tried, and imprisoned for six months for "disruption of Congress."School for ScandalA newspaper editorial describes the corrupt political process by which judges are selected in New York.Becoming a Judge, Part 2An ambitious lawyer, eager to become a judge in the U.S. Court of Appeals for the D.C. Circuit, sought the assistance of a well-connected but criminal lobbyist who was later sent to prison for his crimes.Becoming a Judge, Part 3In New Jersey, most of the judges appointed to the bench had donated thousands of dollars to the senators who decided the fate of their candidacy.Becoming a Judge, Part 4An attorney with political connections had a Mississippi state judge considered for the federal bench after receiving a favorable ruling in a dispute over legal fees.Learning the Judicial RopesIn Florida, new judges were directed by their established peers to show deference to certain favored litigants and were ostracized when they refused.Judicial DisciplineA Florida appellate judge faced harsh discipline for criticizing a fellow judge for having a conflict of interest in a case.Justice as a Staged IllusionAttorney Linda L. Kennedy likens the courtroom to a Star Trek "Holodeck," where nothing is as it appears, and the judges and attorneys are mere images of justice.In the Eye of the Judicial StormAttorney Linda L. Kennedy explains what plaintiffs can expect when they are drawn into the "Litigation Vortex."The Inns and Outs of CourtReceptions, retreats, and exclusive meetings provide opportunities for privileged attorneys to discuss the business of litigation with judges.Summer School for JudgesSummer school for judges at resort locations often turns out to be a day at the beach with taxpayers footing the bill.The Fruits of Judicial Non-AccountabilityPolice officer Richard Lindberg recounts Operation Greylord and Operation Gambat, the 1980s judicial corruption scandals in Chicago's Cook County courts.Justice: An Impossible Dream?Many legal scholars have predicted the current crisis and loss of public confidence in the U.S. judicial system, but few have acted to prevent it.Law Day 2008The American Bar Association opposes an Inspector General for the judiciary despite public support for increased judicial accountability.Summary Judgment AbuseThe misuse of summary judgment threatens the steadily decreasing number of civil suits being tried by U.S. juries.Global Judicial CorruptionCorruption has undermined judicial systems around the world, denying citizens access to justice and the basic human right to a fair and impartial trial, or even a trial at all.A Veteran's Lament, Part 1An Air Force veteran defends his support for ballot initiatives to curb judicial immunity and hold judges accountable for illegal conduct.A Veteran's Lament, Part 2Charles Heckman explains how government agencies avoid laws intended to give preference to veterans who seek government employment.A Veteran's Lament, Part 3Arguments by judicial apologists who favor judicial independence are exposed as fallacious by testimony taken from real life experiences with corrupt judges.A Veteran's Lament, Part 4Massive job discrimination to which veterans have been subjected since the Vietnam War guaranteed that some would wind up homeless and die of hunger and exposure in the streets.A Veteran's Lament, Part 5The military's use of secret code numbers on veterans' discharge papers can unfairly prejudice employers against hiring them, and no law exists to prevent the dissemination of false and stigmatizing code numbers or allow veterans to dispute them.Robbing Veterans of Their Future
A passion for justice propeled former Air Force pilot Charles W. Heckman to break through the barriers of discrimination faced by veterans of the Vietnam War.Secrecy is In, Disclosure is OutLarry Bolin explains the private dealings among judges, lawyers, and other involved parties that comprise secret "chambers papers" that are never revealed to the public.Secrecy in CourtsLaw professor Anthony D'Amato argues that courts are almost never justified in withholding information from the public.Evading Judicial ScrutinyJoe Stephens describes how judges can hide portions of their annual financial disclosure reports from the public.The Finest Judges Money Can BuyThis 1973 book by Charles R. Ashman documents 74 cases of judges whose decisions were bought, whose appointed cronies bled the resources of vulnerable estates, and who engaged in other criminal conduct.Juice & Justice in VegasSome Nevada judges routinely rule in cases that involve their friends, former clients and business associates, and favor lawyers who contribute to their reelection campaigns.Tilting the ScalesOhio Supreme Court justices routinely sit in cases involving parties who contribute to their election campaigns and generally favor them in judicial decisions.Judges for SaleIncreased spending by special interests to elect judges in state judicial elections has grievously compromised the integrity and impartiality of the nation's courts.Judges Judging JudgesA convicted judge gets his felony conviction reduced to a misdemeanor."Equal Justice Under Law"A well-connected murderer is sentenced to probation while a petty thief with few resources receives life imprisonment.The Imperial JudiciaryThe Connecticut Supreme Court strikes down a legislative statute designed to regulate court procedure.The Honorable Thomas J. MaloneyHe was one of many corrupt judges exposed and convicted through Operation Greylord, a comprehensive federal investigation of judicial misconduct in Chicago's Cook County courts.Criminal Judicial MisconductFormer New York State Supreme Court Justice Gerald P. Garson faces criminal prosecution for acts stemming from a violation of the Rules of Judicial Conduct.Military Style Justice: The New Status Quo?A Virginia attorney shows that some courts are biased and functionally similar to military courts, and she faults the media for failing to report this outrage.Judicial RefugeeDr. Les Sachs, an American writer, sought refuge in Europe following judicial reprisals for speaking out against a politically-connected ally of the Bush Administration.Revolting JudgesPart 1: The Flight to Europe
Part 2: The Crisis of Corruption
Government sponsored training seminars and manuals provide judges with step-by-step methods for depriving pro-se litigants of equal access to the courts.Intimidation of Pro-Se LitigantsAn investigative reporter describes how court officers can intimidate pro-se litigants.The Demise of Justice in the U.S.About 12 judges are removed each year in the U.S. for offensive conduct while hundreds more continue their corrupt practices unabated.A Call for Judicial ReformA discussion of legal scholar Leslie Abramson's views on judicial disqualification, and how they relate to Tulane University.Election versus Appointment of JudgesA study of Louisiana Supreme Court justices shows they tend to favor litigants who contribute to their election campaign.Letter to CongressA request to senators of the 107th U.S. Congress for judicial reform."There Ought to be a Law. . ."Letter to the House Judiciary Committee for an amendment that would prevent partisan judges from violating plaintiffs' due process rights to impartial tribunals.Help Balance the Scales of Justice!Send an e-mail to the Senate Judiciary Committee requesting an amendment to existing recusal statutes.Abridging the Right to PetitionA petition to amend the recusal law was forced offline after being submitted to a judicial committee investigating how complaints against judges were handled.Members of the House Committee on the JudiciaryNames and addresses of the 37 members of the House Judiciary Committee.Members of the Senate Committee on the JudiciaryNames and addresses of the 19 members of the Senate Judiciary Committee.Schwarz v. TulaneHow four judges with ties to Tulane ruled against a faculty member who brought charges of discrimination against the University.A Legacy of DiscriminationThe Federal Fifth Circuit has ruled that Tulane is free to discriminate because it is a "private individual" to whom "the Fourteenth Amendment does not apply."Confederate HeritageFounded in 1884 by Confederates seeking to escape desegregation, Tulane remains mired in arrogance, intolerance, and hypocracy.The Case for ReparationsThe descendants of slaves held by Tulane's founders should be offered the educational opportunities their predecessors were denied when the doors of the University of Louisiana were closed to them in 1884.Confederate MuseumTulane conspired with UNO Foundation to close the Confederate Museum, but it was rescued by Governor Mike Foster.Controlling BehaviorHow secret mind-control experiments, funded by the military and the CIA, were conducted on black patients and prisoners by Tulane's Department of Psychiatry and Neurology.U.S. Government-Sponsored Mind Control ExperimentsPart A: Interview with Valerie B. Wolf, March 15, 1995.A Word of Advice to ProfessorsPart B: Testimony of Valerie B. Wolf, March 15, 1995.
Part C: Tulane's early involvement in mind control.
What aggrieved faculty should consider when filing a lawsuit against a university.Tenure, Tulane StyleHow Hurricane Katrina led to the largest de-tenuring in the history of American higher education.Faculty Rights CoalitionPart A: Lawsuit to secure first amendment rights for adjunct faculty at U. of Houston.Interviews with Dr. BernofskyPart B: Summary judgment in favor of U. of Houston (PDF).
Audio Clip 1: The Justice Hour, June 26, 2006.The Struggle Against Judicial ImproprietyAudio Clip 2: Late Night with D'Anne, July 29, 2006.
Judicial Accountability Ballot Initiatives
Selected documents from Civil Action No. 95-0358, submitted to the U.S. District Court for the Eastern District of Louisiana, the Hon. Ginger Berrigan, Judge, Presiding
- Initial Complaint
- Lawsuit Against Tulane University for Discriminatory Discharge.
Jan. 31, 1995.
- Second Amended Complaint
- Nov. 21, 1995.
- Plaintiff's Response to Defendant's Pretrial Memorandum
- July 8, 1996.
- Supplemental Memorandum in Opposition to Defendant's Motion for Summary Judgment
- July 8, 1996.
- Pre-trial Order
- Prepared in expectation of a trial.
- Aug. 30, 1996.
- Order and Reasons
- Judge's rationale for denying a trial and awarding favorable judgment to Tulane.
- Apr. 15, 1997.
Selected documents from Case No. 97-30575, submitted to the U.S. Court of Appeals for the Fifth Circuit
- Original Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Aug. 4, 1997.
- Record Excerpts on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Aug. 4, 1997.
- Reply Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Sept. 22, 1997.
- Judgment of Appellate Court
- Affirmation of lower court's decision to award favorable judgment to Tulane.
- Jan. 8, 1998.
- Supplemental Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Jan. 9, 1998.
- Petition for Rehearing on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Jan. 22, 1998.
Brief from Case No. 97-1844, submitted to the U.S. Supreme Court (October Term, 1998)
- Petition for Writ of Certiorari
- May 6, 1998.
Selected documents from Civil Action No. 98-1577 in
U.S. District Court for the Eastern District of Louisiana
- Initial Complaint
- Lawsuit against TIAA (Teachers Insurance and Annuity Association) and Tulane University for denial of disability benefits. Filed as Case No.
98-6317 in Civil District Court for the Parish of Orleans, State of Louisiana and subsequently removed by Tulane to Federal District Court, the Hon. Ginger Berrigan, Judge, presiding.
(See document PDF)
April 8, 1998.
- Memorandum in Support of Motion to Remand
(See document PDF)
June 9, 1998
- Reply Memorandum in Support of Motion to Remand
(See document (PDF)
June 29, 1998
- Order and Reasons
- Judge Berrigan's rationale for refusing to remand case back to Civil District Court and for denying a trial by jury.
July 20, 1998
- Motion to Dismiss Disability Benefits Claim
(See document PDF)
July 24, 1998
- Final Outcome of Case
- Argument for Preesisting Disease
Selected documents from Civil Action No. 98-1792 ("Retaliation") combined with 98-2102 ("Defamation"), submitted to the U.S. District Court for the Eastern District of Louisiana, the Hon. Ginger Berrigan, Judge, Presiding
- Initial Complaint
- Lawsuit against Tulane University for retaliation, 98-CV-1792.
June 18, 1998.
- Initial Complaint
- Lawsuit against Tulane University for defamation.
Filed Nov. 25, 1997 as Case No. 97-20805 in Civil District Court for the Parish of Orleans, State of Louisiana and subsequently removed by Tulane to Federal District Court as98-CV-2102 .
July 17, 1998.
- Order
- Consolidation of cases 98-CV-1792 and 98-CV-2102.
Aug. 18, 1998.
- Minute Entry
- Motion to recuse Judge Berrigan.
Oct. 15, 1998.
- First Amended Complaint
- Combined lawsuit against Tulane University for retaliation and defamation.
Nov. 9, 1998.
- Minute Entry
- Judge Berrigan's denial of motion for her recusal.
Nov. 23, 1998.
- Motion
- Motion of attorneys to withdraw from case.
Feb. 8, 1999.
- Minute Entry
- Judge Berrigan's acceptance of attorneys' withdrawal
Feb. 8, 1999.
- Retaliation and Defamation, Tulane Style
- Documented actions supporting Bernofsky's claim of retaliation and defamation by Tulane University.
- Tulane's Letter of Recommendation
- A malicious attempt to subvert Bernofsky's future employment.
- Pre-Trial Order
- Prepared in expectation of a trial, with new counsel, Jan. 18, 2000.
- Jan. 4, 2000.
- Order and Reasons
- Judge's rationale for denying a trial and awarding favorable judgment to Tulane.
- Apr. 18, 2000.
- Motion for Reconsideration
- A request for Judge Berrigan to recuse herself, and/or amend her judgment, and/or permit a trial on the merits.
May 2, 2000.
- Motion for Reconsideration (Reply)
- A further affirmation of arguments in favor of Judge Berrigan's recusal.
May 18, 2000.
- Order and Reasons
- Judge's rationale for refusing to recuse herself and denying plaintiff's motion for reconsideration.
- May 31, 2000.
Selected documents from Case No. 00-30704, submitted to the U.S. Court of Appeals for the Fifth Circuit
- Appeal to the U.S. Fifth Circuit Court of Appeals
- Original Brief. Appeals Bernofsky's retaliation and defamation lawsuit against Tulane and claims of Judge Berrigan's abuse of judicial discretion.
Sept. 6, 2000.
- Record Excerpts on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Sept. 6, 2000.
- Appeal to the U.S. Fifth Circuit Court of Appeals
- Reply Brief. Replies to Tulane's Brief in Bernofsky's appeal of his retaliation and defamation lawsuit against Tulane and claims of Judge Berrigan's abuse of judicial discretion.
Dec. 7, 2000.
- Ethical Conduct Complaint against Tulane's Attorney, G. Phillip Shuler
- Complaint filed with Louisiana Attorney Disciplinary Board, claiming willful falsification of facts to a panel of appellate court judges. (Board's response of Feb. 5, 2001 appended.)
Jan. 23, 2001.
- Appellate court affirms lower court's decision against recusal.
- However, Chief Judge Carolyn King dissents.
Apr. 10, 2001.
- Petition to the U.S. Fifth Circuit Court of Appeals.
- Request for a rehearing en banc, based, in part, on Chief Judge King's dissent and Justice Scalia's recusal in other Tulane cases.
Apr. 24, 2001.
Briefs from Case No. 01-249, submitted to the U.S. Supreme Court (October Term, 2001)
- Petition for Writ of Certiorari
- Aug. 9, 2001.
- Reply to Tulane's Brief in Opposition to Writ of Certiorari
- Oct. 19, 2001.
Complaint of Judicial Misconduct, submitted to the U.S. Court of Appeals for the Fifth Circuit (Docket No. 99-05-372-0118)
- Complaint of Judicial Misconduct
- Feb. 11, 1999.
- Chief Judge's Order Dismissing Complaint
- Mar. 1, 1999.
- Appeal of Judge's Order Dismissing Complaint
- Mar. 12, 1999.
- Appellate Review Affirming Dismissal of Complaint
- Apr. 26, 1999.
Petition for Writ of Mandamus to recuse Judge Ginger Berrigan, submitted to the Fifth Circuit Court of Appeals followed by the U.S. Supreme Court (Fifth Circuit Docket No. 99-30614; Supreme Court Docket No. 99-372)
- Fifth Circuit Petition for Writ of Mandamus
- June 14, 1999.
- Judge's Response to Petition
- June 21, 1999.
- Reply to Judge's Response
- June 24, 1999.
- U.S. Supreme Court Petition for Writ of Mandamus
(See document PDF)- August 30, 1999.
- Petitioner's Reply to Respondent's Brief in Opposition
(See document PDF)- October 8, 1999.
Documents Relating to Bernofsky's Qualifications
Curriculum VitaeBernofsky's background, publications, and grant funding as of June 30, 1995.TestimonialsWhat scientific experts, the former chairman, the former dean, and reviewers for the Louisiana State Board of Regents said about Bernofsky.FinancesBernofsky's grant income made him a financial asset to Tulane University.Air Force GrantTulane's announcement of Bernofsky's new Air Force grant.
Background and Documents Relating to the Jewish Question
Schwarz v. TulaneLetters to the Editor, published in a New Orleans area newspaper, demonstrating how four judges with ties to Tulane ruled against a Jewish faculty member who brought charges of discrimination against the University.BackgroundOverview of circumstances surrounding discriminatory discharge of Jewish professor by Tulane University.Tulane and the Jewish QuestionExcerpt from correspondence that examines contradictions within the Tulane community.Damage Control, Tulane StyleSince being accused of anti-Semitism in 1995, the Tulane administration has taken some extraordinary measures to improve its public image.
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Web site created November, 1998 This section last modified April, 2008
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