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Chase Students Win Settlement for Clinic Clients

Karin Morris, Tena Feagan, Tom Schulman, Deana Taylor

Feb 01, 2012 - The Constitutional Litigation Clinic, a collaboration between NKU Chase College of Law and the Ohio Justice Policy Center (OJPC), recently won a victory on behalf of two Muslim prisoners who had asked for but been denied halal religious meals. The students and the clients were pleased with the settlement that was reached.

As a concept, halal is similar to Judaism's kosher rules. Because of the similarities of the two religions' dietary restrictions, Causey and Awkal had asked that they be provided pre-packaged kosher meals if pre-packaged halal meals were not available. Although the Ohio Department of Rehabilitation and Correction (ODRC) provides kosher meals for the system's 200 Jewish inmates, it refused to give halal or kosher meals to the plaintiffs because it feared that all 2000 Muslims would flood the system with requests for similar accommodations. ODRC argued that this could increase its food costs by millions of dollars.

Two of last year's clinic students, Anna Slyh '11 and JeRhonda Lynem '11, filed suit under the Religious Land Use & Institutionalized Person's Act (RLUIPA). Under RLUIPA, once an inmate demonstrates that the institution has substantially burdened his religious exercise, the burden shifts to prison officials to demonstrate that doing so is necessary to further a compelling government interest by the least restrictive means. The suit also claimed that accommodating Jewish inmates while refusing to accommodate Muslim inmates violated the Fourteenth Amendment's Equal Protection Clause. Four students in this year's clinic class, Tena Feagan, Deana Taylor, Karin Morris and Tom Schulman, collectively worked more than 800 hours preparing for the federal court trial scheduled to begin on January 23, 2012. They took and defended over fifteen depositions, toured ODRC's slaughterhouse to determine whether ODRC could religiously slaughter beef, wrote the trial brief and other court documents, prepared their witnesses for trial, and put in tireless hours practicing their direct and cross examinations.

The Constitutional Litigation Clinic offers eight Chase students a hands-on experience litigating civil rights cases on behalf of prisoners and former offenders in Ohio state and federal courts. The Ohio Justice & Policy Center created this Clinic in partnership with the Greater Cincinnati Foundation and the Salmon P. Chase College of Law at Northern Kentucky University. Students handle all aspects of cases, from client interviews through trials and appellate brief writing and argument.

Through this Clinic, students and supervising OJPC attorneys open doors for clients and provide real opportunities for second chances - helping reclaim their lives and restore our communities. The Clinic is supervised by Chase Professor David Singleton.

Chase Innocence Project Students Assist Exoneration

Jan 27, 2012 - Kentucky Innocence Project client Kerry Porter was recently exonerated in the 1996 shooting death of his ex-girlfriend's husband. NKU Chase Innocence Project students assisted in Mr. Kerry's case during their participation in the Kentucky Innocence Project as Chase students.

Porter had been sentenced to 60 years in prison, despite there being no physical evidence linking Porter to the crime. His conviction was based solely on the testimony of an eyewitness who identified Porter a month after the crime when the victim's brother showed him a picture; another witness who saw the shooter flee the scene told police that he could not possibly identify the perpetrator. Additionally, a Judge blocked defense attorneys from telling the jury that there was another suspect in the case.

DNA testing was not readily available and/or reliable at the time of Porter's trial, so the Kentucky Innocence Project asked for testing to be completed on a homemade silencer found at the crime scene. In 2011, DNA analysts were able to identify a male and female DNA profile from the silencer: Kerry Porter's DNA was excluded as being a contributor.

With help from the Kentucky Innocence Project, Porter's case was finally re-examined by the Louisville Metro Police Department's cold-case unit. Multiple interviews were conducted with witnesses, and they all stated that another man committed the murder. Consequently, two likely alternate suspects have been identified in the case. In December of 2011, a Circuit Court judge ordered the 1998 indictment against Porter to be dismissed.

For information about how to become in the Kentucky Innocence Project through Chase, please contact Prof. Mark Stavsky at stavsky@nku.edu, 859.572.5392; or Prof. Michael J.Z. Mannheimer at mannheimem1@nku.edu, 859.572.5862.

IT introduces new mobile app for Chase law students

Jan 27, 2012 - The Northern Kentucky University Office of Information Technology announced recently its newest universal mobile application, a touch-screen guide to NKU Salmon P. Chase College of Law.

The app, called Chase@NKU, allows students at the law school to consult their handheld devices to stay informed about upcoming events; explore the Chase Law Library catalog; or gain secured access to job postings, exam numbers and other information.

"The legal world is becoming highly mobile and NKU Chase is designed to help our students embrace this reality," said Michael Whiteman, associate dean for law library services and information technology.

The designers of Chase@NKU concentrated on ensuring exclusivity for Chase students, alumni and faculty, while keeping its navigation user-friendly. The app also delineates user access between employment referral opportunities that are suited to current law students or recommended for experienced alumni.

Chase students can navigate educational menus such as iTunes U, an extensive storehouse of lecture downloads which are compiled as a convenient adjunct to study and research outside the classroom. This feature includes a restricted link loaded with topical Chase lectures, tutorials and other presentations.

Other Chase@NKU resources include links to news, events and social media that will allow users to remain current about information within the law school.

"This is one more step toward providing our students with a practical education that helps prepare them for their life as an attorney," said Whiteman.

Chase@NKU is free and available to download in the iTunes store at http://itunes.apple.com/us/app/chase-nku/id494589312?mt=8, keyword Chase@NKU.

Chase Student Argues Before Sixth Circuit Court of Appeals

Jan 27, 2012 - On Friday, January 20, Chase student Tom Schulman argued in the Sixth Circuit Court of Appeals in Bailey v. City of Broadview Heights. Tom argued that a mayor with wide executive powers and administrative responsibilities cannot constitutionally preside over a judicial proceeding where a defendant enters a no-contest plea and, as a result, faces a fine. Schulman's argument was that the mayor has an inherent conflict of interest because of his/her desire to raise revenue. He is currently awaiting the Court's opinion.

Mr. Schulman had the opportunity to argue this case through his participation in the Constitutional Litigation Clinic, a joint project between NKU Chase College of Law and the Ohio Justice and Policy Center (OJPC). Through the Clinic, third and fourth year Chase students handle OJPC cases in state and federal court under the supervision of Chase Professor and OJPC Executive Director David Singleton. Participating students receive academic credit for the yearlong Clinic.

NKU Chase Launches Children's Law Center Clinic

Prof. Lowell Schechter cuts the ribbon as Kim Brooks Tandy and Prof. Amy Halbrook look on.

Jan 27, 2012 - The Northern Kentucky University Chase College of Law has established the NKU Chase Children's Law Center Clinic through a partnership between the law school and the Children's Law Center in Covington, Kentucky. The ribbon cutting ceremony was held on Thursday, December 1st at 4:30 p.m.

"We are extremely pleased to partner with the Children's Law Center to offer our students the opportunity to gain extensive experience while providing valuable services to clients who desperately need their help," said Dennis Honabach, dean of Chase College of Law.

The Clinic will be housed in the Lowell Schechter Student Learning Center, a newly-renovated and fully-equipped 3000-square-foot clinic space on the third floor of the Children's Law Center.

The Clinic is the brainchild of Chase alumna Kim Brooks Tandy '89, Director of the Children's Law Center, and Chase Professor Emeritus Lowell Schechter.

Chase Professor Amy Halbrook will direct the Clinic. Professor Halbrook joined the law school this fall after completing clinical teaching fellowships in the Children and Family Justice Center at Northwestern University School of Law and the Loyola University Chicago Civitas ChildLaw Clinic. "I hope to empower Chase students to become compassionate, dedicated lawyers for children and youth," says Halbrook.

Clinic students will receive specialized instruction and training in child and family law and advocacy, with a focus on abuse and neglect, family law, juvenile justice, education, professional responsibility and advocacy techniques. Under close supervision, students will then provide high-quality legal representation to child clients in child protection, high-conflict custody, school, and other matters. In addition to their litigation duties, students may participate in research, policy development and community education related to children's issues.

"The intensive level of instruction and experiential learning these students will receive is a welcome addition to our student opportunities here," Tandy noted. "We're thrilled that Amy has joined our team and look forward to how the Clinic will enhance our work." The Clinic will equip the students with the knowledge and skills they will use throughout their professional careers, with a focus on the unique practical and ethical challenges related to representing children. In addition, it will respond to unmet legal needs and improve the quality of legal representation to children and teens.

This fall, Professor Halbrook and three Chase students have worked together to plan and develop every aspect of the Clinic. The Clinic will enroll eight students per semester and will begin accepting clients in January.