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A TOUR OF TULANE PLANTATION

A Word to Professors
Not a Legal Contract
Judge Wright and Tulane
Public v. Private
Act 43 of 1884
State Takeover
The Local Legal Scene
Paying Tribute to Judges
'Rebuilding' New Orleans
Tenure at Tulane
Notice of Adverse Action
A Tale of Three Schools
Rebilking New Orleans
Confederate Heritage
Randall Lee Gibson
Desegregation of Tulane
Reparations
Privileged Entitlement
Buying Political Influence
Local Real Estate Activity
Out-of-State Enterprises
Lusher Charter Schools
Universities Post-Katrina
Tulane Lobbying
Saving Public Schools
Karcioglu v. Tulane

"The [faculty] handbook is not enforceable."
 
-- Scott S. Cowen, 2006
(cited by:  Boumediene Belkhouche)

Tenure, Tulane Style
In the wake of Katrina, the worst fears of tenured faculty came to pass.  They had been warned.
“...cuts of 160 tenured faculty in the medical, business, and engineering schools at Tulane constitute the largest de-tenuring in the history of American higher education.”
NewcombLives [1]
“Some higher education experts have called [Tulane's renewal plan] the most significant reinvention of an American university since the Civil War.”
Scott S. Cowen [2]
 
Dr. Stephen Schwarz was neither the first nor the last faculty member whose termination violated due process provisions set forth in the Tulane Faculty Handbook. Although that document had been treated by faculty and administrators alike as a sacred covenant, its innate weakness was prized by administrators who understood they had absolute control over its content. The deception was ultimately exposed as a result of Schwarz's lawsuit when Louisiana courts ruled in 1997 that the handbook did not constitute a legal contract, and that its provisions were unenforceable as a matter of law [3].

Thus, the writing was on the wall.

Instead of heeding the admonition of Martin Luther King Jr. that, "Injustice anywhere is a threat to justice everywhere," many professors continued to pursue security through conformity and obedience while others, aspiring to higher rank, supported Tulane's authoritarian rule. Schwarz was left to dangle on his rope, alone—as were others, including Drs. Marise Gottlieb, Carl Bernofsky, Asher Rubinstein and Renee Hartz.  Faculty members who still allowed themselves to believe they were exempt from being considered "employees-at-will" were forced to face the truth after futile court battles [4].

Tulane's general position regarding tenure reflects an official policy formulated June 16, 1916, and adopted by the Board of Administrators.  “All professors and employees of the Board hold their positions at the pleasure of the Board and may be removed at any time...”
  • John P. Dyer, Tulane: The Biography of a University, 1834-1965, Harper & Row Publishers, New York and London, 1st Ed., 1966, p. 174.
Moreover, Louisiana courts have consistently maintained that Tulane's Faculty Handbook does not constitute a contract.  “Louisiana jurisprudence clearly and unequivocally upholds the principle that this sort of employment handbook is not a contract such as would eliminate application of the employment at will doctrine.”
  • Stanton v. Tulane Univ. of La., 777 So. 2d 1242 (La. Ct. App. 2001).

Fast forward to August 29, 2005, when Hurricane Katrina struck New Orleans and dramatically changed the face of the city and many of its institutions, including Tulane University. Compulsory evacuation of the city led to the dispersal of students, faculty, staff, and administrators to all parts of the country. Within a week of evacuating New Orleans, key administrators and staff under the leadership of Tulane University President Scott S. Cowen convened in Houston, Texas, where Tulane already had a satellite campus, and established a temporary headquarters from which plans for Tulane's immediate and long range future were made [5-8].

After seven weeks of deliberation and consultation, the Board of Administrators emerged with a plan, "Bold Renewal," announced on December 8, 2005 [8]. The plan entailed extreme changes to the structure of the university, the elimination of many academic programs, and the wholesale termination of employees, including 160 tenured professors [1, 9-17]. Tulane's Bold Renewal immediately came under attack from several quarters, including groups that were formed to save Newcomb College and the School of Engineering [18-23].

The American Association of University Professors (AAUP) received numerous complaints from professors about the arbitrary nature of their termination and the failure of administrators to follow due process guidelines incorporated in the Faculty Handbook and other official policy documents [24]. The AAUP responded with a letter to Cowen and the Board of Administrators Chair, Catherine D. Pierson, expressing its concerns (see PDF) [25].

Nevertheless, AAUP has limited power beyond its ability to issue public declarations of unfair treatment or to censure administrations that fail to abide by its standards of due process in employment situations.  Administrators generally welcome AAUP on campus because it gives professors a forum where they can voice their complaints to sympathetic colleagues, and it serves to keep serious bargaining units from forming.  The AAUP usually abandons professors who are driven to file suit, as exemplified by its response (see PDF) to the case of Hartz v. Tulane.

Cowen's pointed response to the AAUP began with a rebuke for publicizing the professors' complaints (see PDF).  Then, after denying that the administration failed to follow procedures outlined in the Faculty Handbook, he warned AAUP that its public statements "damage the University," and threatened: "We hope and expect that AAUP does not desire to harm Tulane..." [26].

Although AAUP recognizes that the rights of Tulane's faculty have been violated, it nevertheless remains powerless to redress grievances on behalf of terminated professors when faced with an administration committed to a restructuring agenda. Tulane's intransigence is fueled by historical success in surviving its critics, both in and out of court.  AAUP's inability to go beyond the mere making of recommendations is clear from its letter of June 27, 2006 (see PDF) which ends: "It is, of course, the prerogative of the Tulane administration to decide whether or not to follow our recommendations. We continue, however, to urge that you do so." [27]

Tulane's claim of financial exigency, which it used to justify the firings, could ultimately prove baseless thanks to its insurance settlements and other sources of rebuilding income.  As early as February, 2006 Law Professor John K. Eason noted that Tulane would be able to keep its endowment intact [28], which at the time was valued at about $810 million and since has grown to $1 billion [29].  Tulane has also announced that it will undertake a major expansion of its baseball stadium [30], open a new facility to manufacture stem cells [31], and greatly expand its facilities in Covington, Louisiana to develop vaccines, diagnostics and therapeutics for infectious diseases [32].  With the law and judges clearly in Tulane's court, terminated professors will probably have little recourse but to seek employment elsewhere or retire.  It will be interesting to see if they possess sufficient will and organizational skill to challenge the authority of Cowen and the Board of Administrators through legal action.

Karcioglu v. Tulane

The termination of one tenured professor for financial exigency, Zeynel A. Karcioglu, backfired when that occupant of an endowed chair demonstrated that the major portion of his salary was derived from private and public endowments, and that Tulane had also raised $150 million from the sale of bonds in November, 2005, to Deutsche Bank (see PDF).  Moreover, Tulane's post-Katrina consultation with PriceWaterhouseCooper (see PDF) made it clear that a major consideration in its restructuring plan, "Bold Renewal," was the downsizing of programs in order to improve its bottom line.  The settlement that Tulane reached with Dr. Karcioglu in 2008 had been kept under tight wraps for two years before being discovered by Tulanelink.

Newcomb College

Not so easily cowed are the women of Newcomb, who filed a lawsuit (see PDF) in U.S. District Court in New Orleans in an attempt to save their college [33].  Although the lower court ruled in favor of Tulane's authority to discontinue Newcomb College [34], the well-organized Newcomb alumnae mounted a vigorous campaign to rescue their beloved institution [35].  U.S. District Judge Carl Barbier dismissed the Newcomb suit on the basis that the plaintiffs lacked the "legal standing" to bring suit against Tulane [36].  Undeterred, and because the suit contests Josephine Louise Newcomb's bequest, a new lawsuit (see PDF) was filed — this time in state court — by plaintiffs who are descendants of Newcomb's sister, Eleanor Ann LeMonnier Henderson [37].  At issue are Newcomb's intentions as delivered to the Tulane board by her attorney (and Tulane Board Member) James McConnell (see PDF).

On June 20, 2006 Anna Nagrath, representing Newcomb supporters, gave an impassioned plea for the preservation of Newcomb College in an interview by Newcomb alumna Alison Fensterstock on Station WWOZ in New Orleans.  Although public sympathy may have been generated by the interview, it may not be sufficient to influence the ultimate fate of Newcomb as determined by Tulane administrators and upheld by the court.

Before Civil District Judge Rosemary Ledet, Tulane argued that the plaintiffs (Parma Matthis Howard of North Carolina and Jane Matthis Smith of South Carolina) did not inherit anything from Josephine Louise Newcomb, that Tulane was never restricted in the use of Newcomb's gifts, and that "she said nothing in her will (see PDF) about a separate college" [37].  Tulane further pointed out that it is preserving the Newcomb legacy through the creation of a research center and fellowship program that bear the Newcomb name [37].  Outside the courtroom, Tulane campaigned to win popular support for its position by creating a new institute based on Newcomb-related activities, nearly all prefaced with the Newcomb name [38].  Henceforth, undergraduates will be enrolled in the newly-renamed Newcomb-Tulane College [39].  For a historical perspective, it may be noted that in earlier times, Newcomb College surpassed Tulane College with respect to the size of its faculty.  Thus, in 1935 Newcomb had 70 faculty for 653 students, while Tulane had 50 faculty for 660 students [40].

Judge Ledet remarked: "I don't see anything that seems to establish the perpetual existence of Newcomb College" [37], and she denied the plaintiffs' motion for an injunction to block closure of the school [41].  Although the Newcomb alumnae remain dedicated to preserving for their daughters the unique educational environment they found so enriching at Newcomb College, absent an unexpected turnabout, it does not seem likely that they will be able to force an unwilling Tulane administration to restore that institution.  On July 1, 2006 Cynthia Lowenthal, Newcomb's dean since 2000, was named dean of the College of Charleston's School of Humanities and Social Sciences [42].

In a poll designed by the student newspaper The Hullabaloo to measure support for the suit to save Newcomb College, 57% of respondents either indicated that the Newcomb tradition should be cherished (21%) or that the Newcomb donation was meant for a degree-granting college (36%).  When polled on whether the new Newcomb Institute is an adequate substitute for the former college, 86% of respondents indicated that the institute is "just a front" [43].

In the meantime, plaintiffs in Howard v. Tulane awaited the results of an appeal filed with the Louisiana 4th Circuit Court of Appeal seeking to reverse Judge Ledet's denial of the injunction [44].  On October 22, 2007 the state appellate court rejected the plaintiffs' attempt to resurrect Newcomb College, forcing the relatives of Josephine Louise Newcomb to take their case to the state Supreme Court [45].  On July 1, 2008 the Louisiana Supreme Court admonished the plaintiffs to "more accurately establish their standing as would-be heirs of Mrs. Newcomb," and remanded the case back to Civil District Court [46].

In a display of corporate unity, the Association of American Universities and seven other academic governing boards closed ranks behind Tulane and filed amicus briefs in support of Tulane's prerogative to close Newcomb College [47].

“The notion that a university must account to descendents of a donor ... decades or centuries after the gift will have a devastating impact on higher education in Louisiana and throughout the United States.”
 
American Council on Education [47]

Despite these odds, Newcomb devotees remained dedicated to reopening the school, and backed by the Future of Newcomb College organization (www.newcomblives.com), they continued to press their case in court [48].  In August, 2008, a new lawsuit was filed naming Susan Henderson Montgomery as the "would-be-heir" to Mrs. Newcomb's estate, and the plaintiffs in Howard v. Tulane withdrew their case [49].  Mrs. Montgomery is a descendent of one of Mrs. Newcomb's nephews in an uninterrupted line of succession [49].

In 2009, seeking to reopen Newcomb College, the plaintiffs filed a motion for summary judgment, and a hearing was scheduled for July 10, 2009 by Judge Ledet [50].  Meanwhile, Tulane continued its efforts to marginalize the plaintiffs' demands, and it hired Dr. Sally Kenney—the accomplished feminist director of the University of Minnesota's Center on Women and Public Policy—to become the new executive director of Tulane's H. Sophie Newcomb Memorial College Institute, where she will occupy the Newcomb College Endowed Chair [51].  Earlier in the year, Tulane had threatened to sue the Future of Newcomb College organization to prevent it from raising money selling merchandise bearing Newcomb's name, logo or image [52].  However, Tulane backed off from its demands once it was clear that Future of Newcomb officers would not be intimidated [53].

Few were surprised when, on August 31, 2009, Judge Ledet ruled against the plaintiffs, agreeing with Tulane that it had full and complete control over how Josephine Newcomb's donation to the university could be used [54].  Nevertheless, there was disagreement among the small panel of judges who later reconsidered the case, and on July 23, 2010, the state's 4th Circuit Court of Appeal issued an order to hear arguments once again, this time in front of a panel of five judges.  The new Newcomb appeal was scheduled for September 21, 2010 [55].

On October 13, 2010, the five-judge panel ruled 3:2 in favor of Tulane on the basis that Josephine Newcomb had placed "implicit confidence" in the way Tulane's trustees would manage her gift, now valued at about $50 million.  The majority concurred that Tulane did not violate the terms of that gift when it decided to close the school in 2006 [56].  Plaintiffs and their supporters now have the option of appealing the 4th Circuit's ruling to the Louisiana Supreme Court.

New Labor Policy

Now that so many professors have been dismissed, Tulane has created a new category of faculty employee, the professor practitioner, apparently modeled after nurse and teacher practitioners who take the place of doctors and teachers, respectively, in many instances.  This new class of disfranchised faculty will carry the title of "Professor of Practice," and its ranks will be filled by postdoctoral fellows, lecturers, and teaching fellows—ordinarily poorly-paid journeymen aspiring to enter academia at the instructor or assistant professor level.  Initially, up to 25% of all Tulane's faculty could be professors of practice [57].

According to senior vice president for academic affairs and provost Lester Lefton, this new policy will "strengthen and renew undergraduate education at Tulane" [57].  It also dramatically reduces expenditures for faculty salaries, diminishes faculty empowerment, and could be Tulane's unique contribution toward creating a New Academic Order.  In effect, the practitioners of hitherto honored occupations, the physician, the teacher, the scientist, have been converted into mere wage laborers.

Who's on First?

One of the programs that benefitted from Tulane's "Bold Renewal" was the Green Wave baseball program.  In June, 2006, Tulane announced that it will invest $7.5 million to expand Turchin Stadium where its baseball team plays [30].  The new, enlarged stadium will include four private, air-conditioned suites accessible by elevator and equipped with rest rooms.  According to Tulane University President Scott Cowen, "In the aftermath of Katrina, Tulane student-athletes came to symbolize the character and determination of Tulane University and the people of New Orleans to not only recover but to thrive" [30].

Cowen may feel he has hit a home run with the expansion of Turchin Stadium, but the loss of the academic programs and faculty who were struck out by his foul balls suggests that he should be retired from the mound.

Stonewalling the AAUP

From The Chronicle of Higher Education [58]:

“A special committee of the American Association of University Professors has sharply criticized several New Orleans universities in a draft report of its investigation of layoffs, program cuts, and other steps they took in the wake of Hurricane Katrina.  The report, which has not yet been released to the public but was obtained by The Chronicle, assails actions taken by the Louisiana State University Health Sciences Center, the University of New Orleans, and Southern University at New Orleans, which are public; and Tulane University and Loyola University New Orleans, which are private.” . . .

“The report criticizes the [Tulane] administration's "refusal to provide any but the most generic evidence with respect to the declared state of financial exigency." In doing so, it deprived more than 200 terminated faculty members of the ability to assess how such evidence applied to their particular cases.  In declining to relocate faculty members into alternative positions, the report says, Tulane violated its own policies.  In splitting the Faculty of Liberal Arts and Sciences into separate schools without faculty consultation, it violated faculty bylaws and AAUP policies.” [58]

Tulane's dismissive response to the requests of AAUP to discuss issues of due process in the actions it took in the aftermath of Hurricane Katrina is clear from the exchange of correspondence between AAUP (see PDF) [59] and Tulane (see PDF) [60].  The inability of AAUP to exercise any power beyond its ability to censure should be a wakeup call for faculty who have been lulled into the belief that AAUP has any legal authority in Louisiana to compel due process rights in any employment situation.  Even students appear to be concerned with the censure issue [61].

The AAUP Takes a Stand

As part of the Bold Renewal Plan, more than 150 full-time faculty positions had been eliminated, and as the spring, 2007 semester drew to a close many more faculty members prepared to leave [62].

In May, 2007 the AAUP released its final report (see PDF), and the following month it officially censured Tulane and three other New Orleans area universities (see PDF) [63].  AAUP determined that Tulane's severe cuts to faculty were not attributed to financial exigency.  Cowen shrugged off the AAUP censure with the comment that "it has no practical impact." [64]

While censure — the most extreme action taken by AAUP — has no direct legal consequence, it does subject Tulane to the stigma of disapproval by a nationally-recognized association of professors and may make Tulane a less attractive work place for potential new faculty.  The departure of historian and well-known author Douglas Brinkley to Rice University may have been influenced by Tulane's status as a censured university [65].  Another concern for Tulane's administration is the possible chilling effect that censure may have on foundations and other sources of grant funding.  In 2007, Tulane failed to rank among the 100 best values in private colleges and universities [66].  One year following Brinkley's departure, Tulane officials were actively recruiting another well-known author, James Carville, a political operative and former Democratic presidential campaign manager, to join its faculty [67].

References

  1. Robinne A. Burrell, "Katrina Aftermath Still Threatens Louisiana Legacy" [Press Release] March 3, 2006, http://www.newcomblives.com/PR01.html, accessed 03/09/06.

  2. Scott S. Cowen, "In Katrina's Unrelenting Aftermath, Tulane Continues to Reinvent Itself," Trusteeship, January/February 2006, Vol. 14, No. 1, p. 5, reprinted at http://www2.tulane.edu/president_trusteeship_jan06.cfm, accessed 07/09/07.

  3. Schwarz v. Administrators of the Tulane Educational Fund, 699 So.2d 895 (La.App. 4 Cir. 1987).

  4. See:  Hartz v. Administrators of the Tulane Educational Fund, et al., Complaint, Case No. 06-2977 (U.S., E.D. La.), June 8, 2006,  and Stanton v. Tulane University of Louisiana, 777 So.2d 1242 (La.App. 4 Cir. 2001).

  5. June Kronholz and Stefan Fatsis, "After Hurricane, Tulane University Struggles to Survive; School Plays Hardball to Keep Students and Tuition Fees," The Wall Street Journal, September 28, 2005, p. A1.

  6. David Epstein, "Ordered Back to Louisiana," Inside Higher Ed, September 27, 2005, http://www.insidehighered.com/news/2005/09/27/tulane, accessed 12/27/05.

  7. Rebecca Mowbray and Jaquetta White, "Some paychecks stop for New Orleans workers; Companies can't pay without customers," The Times-Picayune, New Orleans, October 1, 2005, p. A-9.

  8. John Pope, "Tulane's president rode out the storm on the floor of the rec center, then went to work: How to reinvent a major university in a post-Katrina world?" The Times-Picayune, New Orleans, December 13, 2005, p. A-1.

  9. Tulane University, "Tulane University — A Plan for Renewal," December 22, 2005, http://renewal.tulane.edu/renewalplan.pdf, accessed 01/12/06.

  10. Kate Schafer, "Tulane announces drastic changes to university," Tulane Hullabaloo, December 11, 2005, http://www.thehullabaloo.com/..., accessed 12/13/05.

  11. John Pope, "Tulane to lay off hundreds; Academic, sports programs to be cut," The Times Picayune, New Orleans, December 8, 2005.

  12. Jeffrey Selingo, "Tulane U. to Lay Off 233 Professors and Eliminate 14 Doctoral Programs," The Chronicle of Higher Education, December 9, 2005, http://chronicle.com/daily/2005/12/2005120901n.htm, accessed 12/26/05.

  13. Michael Janofsky, "Lean Tulane to Reopen Its Campus Next Month," The New York Times, December 9, 2005, http://www.nytimes.com/2005/12/09/education/09tulane.html, accessed 12/11/05.

  14. David Epstein, "A Smaller Tulane," Inside Higher Ed, December 9, 2005, http://www.insidehighered.com/news/2005/12/09/tulane, accessed 12/26/05.

  15. David Epstein, "Professors Left Behind by 'Bold Renewal'," Inside Higher Ed, December 12, 2005, http://insidehighered.com/news/2005/12/12/tulane, accessed 12/26/05.

  16. David Epstein, "Shop Talk at Tulane," Inside Higher Ed, January 4, 2006, http://insidehighered.com/news/2006/01/04/tulane, accessed 01/04/06.

  17. John Pope, "Tulane lays off 200 more workers; Faculty members are spared this time," The Times-Picayune, New Orleans, January 13, 2006, p. B-1.

  18. James Gill, "Who will save us?  Not Tulane," The Times-Picayune, New Orleans, January 11, 2006.

  19. Survival to Renewal: Tulane University [E-Mails Critical of Renewal Plan], http://renewal.tulane.edu/traditions_email.shtml, accessed 02/16/06.

  20. Michael Y. Park, "Katrina Wreaks Havoc on Women's College," FoxNews.com, March 7, 2006, http://www.foxnews.com/story/0,2933,187115,00.html, accessed 03/09/06.

  21. Susan Saulny, "Tulane's Engineering Students Strive to Save Their School," The New York Times, January 14, 2006, http://www.nytimes.com/..., accessed 01/14/06.

  22. Jessica Fender, "Program's return to Tulane sought; Students, alumni say engineering needed," The Advocate, Baton Rouge, January 14, 2006, http://www.2theadvocate.com/..., accessed 01/14/06.

  23. April Capochino, "Major Backlash; Tulane engineering cuts face opposition," New Orleans CityBusiness, January 23, 2006, http://www.neworleanscitybusiness.com/viewStory.cfm?recID=14515, accessed 01/30/06.

  24. David Epstein, "Did Katrina Blow Away Layoff Guidelines?" Inside Higher Ed, February 1, 2006, http://insidehighered.com/news/2006/02/01/tulane, accessed 02/20/06.

  25. Letter [PDF] of January 26, 2006, from B. Robert Kreiser, Assoc. Sec'y., Am. Assoc. Univ. Prof., to Scott S. Cowen, Pres., Tulane U.

  26. Letter [PDF] of February 7, 2006, from Scott S. Cowen, Pres., Tulane U., to B. Robert Kreiser, Assoc. Sec'y., Am. Assoc. Univ. Prof.

  27. Letters [PDF] of June 14, 2006, June 22, 2006, and June 27, 2006 between B. Robert Kreiser, Assoc. Sec'y., Am. Assoc. Univ. Prof., and Scott S. Cowen, Pres., Tulane U.

  28. John K. Eason, "The Impact of Katrina on Tulane Law School," [Blog], February 9, 2006, http://taxprof.typepad.com/taxprof_blog/2006/02/eason_on_the_im.html, accessed 07/17/06.

  29. Mike Strecker, "Tulane University's Endowment Reaches Historic $1 Billion Mark," Tulane University Magazine - News, July 27, 2007, http://www2.tulane.edu/article_news_details.cfm?ArticleID=7481, accessed 07/27/07.  See also: June Kronholz and Stefan Fatsis, "After Hurricane, Tulane University Struggles to Survive; School Plays Hardball to Keep Students and Tuition Fees," The Wall Street Journal, September 28, 2005, p. A1.  [In 2009, Tulane shifted top administrators into high gear to chase after another $1 billion.  See: John Pope, "Tulane launching $1 billion drive; University seeking to beef up endowment," The Times-Picayune, New Orleans, September 13, 2009, Metro, p. 1.]

  30. Mike Strecker, "Tulane University Will Re-Start Major Expansion of Turchin Stadium," Tulane University Magazine - News, June, 2006, http://www2.tulane.edu/article_news_details.cfm?ArticleID=6620, accessed 07/01/06.  See also: "Wave of Progress for Turchin Stadium," Tulane University Magazine - News, December 14, 2006, http://www2.tulane.edu/article_news_details.cfm?ArticleID=7001, accessed 12/22/06.  [Note: Fall practice in the new stadium began September 25, 2007.   See: "New Park, New Season for Baseball," Tulane University Magazine - News, October 2, 2007, http://www2.tulane.edu/article_news_details.cfm?ArticleID=7612, accessed 10/02/07.]  See also: "Play Ball! 36 Home Games in New Stadium," Tulane University New Wave, November 7, 2007, http://tulane.edu/news/newwave/110707_baseball.cfm, accessed 11/07/07.

  31. Fran Simon, "Tulane to Announce Opening of New Facility to Manufacture Adult Stem Cells," Tulane University Magazine - News, July, 2006, http://www2.tulane.edu/article_news_details.cfm?ArticleID=6653, accessed 07/17/06.

  32. Madeline Vann, "Expansion of Tulane Research Facilities Brings Money, Jobs to Northshore," Tulane University Magazine - News, January, 2007, http://www2.tulane.edu/article_news_details.cfm?ArticleID=7074, accessed 01/25/07.  See also: Madeline Vann, "Expansion of Tulane Research Facilities Brings Money, Jobs to Northshore," Tulane University Magazine - News, January 26, 2007, http://www2.tulane.edu/article_news_details.cfm?ArticleID=7082, accessed 01/26/07.  See also: Bruce Hamilton, "Tulane primate center kicking off expansion; Upgraded research facility estimated price tag is $63 million," The Times-Picayune, New Orleans, January 27, 2007, p. A-1.

  33. Scott Gold, "Suit Seeks to Save Women's College; Tulane's post-Katrina plan to close Newcomb, one of the first such institutions of its kind, is an illegal grab for its [$40 million] endowment, critics say," Los Angeles Times, March 16, 2006.  [Note that the Board of Administrators has been coveting Newcomb's endowment ever since the death of Josephine Louise Newcomb in 1901.  See: Dyer, infra, p. 250.]

  34. John Pope, "Newcomb loses attempt to keep its identity; Tulane plans to shut college, keep name," The Times-Picayune, New Orleans, March 31, 2006, p. B-1.

  35. See: "Newcomb Supporters Unite," http://www.newcomblives.com, accessed 04/02/06.

  36. John Pope, "Newcomb heirs sue Tulane over closure; Benefactor's wishes clear, lawyer says," The Times-Picayune, New Orleans, May 18, 2006, p. B-1.

  37. John Pope, "Newcomb will a bone of contention in Tulane fight; Lawyers spar over benefactor's intent," The Times-Picayune, New Orleans, June 13, 2006, p. B-8.

  38. See: "H. Sophie Newcomb Memorial College Institute," http://www.newcomb.tulane.edu/, acccessed 06/27/06.  See also: "Newcomb College to become H. Sophie Newcomb Memorial College Institute on July 1," New Orleans CityBusiness, June 6, 2006.

  39. Nick Marinello, "School of Liberal Arts Finding Its Step," Tulane University Magazine - News, September 27, 2006, http://www2.tulane.edu/article_news_details.cfm?ArticleID=6819, accessed 09/27/06.

  40. John P. Dyer, Tulane: The Biography of a University, 1834-1965, Harper & Row Publishers, New York and London, 1st Ed., p. 205.

  41. John Pope, "Last-ditch pitch for Newcomb rejected; Tulane gets go-ahead for restructuring move," The Times-Picayune, New Orleans, June 30, 2006, p. B-1.  See also: "Newcomb suit continues as women's college merged with Tulane," The Associated Press, June 30, 2006; Reprinted by WWL-TV at: http://www.wwltv.com/topstories/stories/wwl063006jbnewcomb.11fa0649.html, accessed 07/05/06.  See also: "Newcomb heirs to appeal closing," The Times-Picayune, New Orleans, July 15, 2006, p. B-1.

  42. John Pope, "Universities mark Katrina anniversary; Events will feature poetry, dance, song ... Newcomb Dean Moves On," The Times-Picayune, New Orleans, August 26, 2006, p. B-1.

  43. "Hullabaloo Poll," Tulane Hullabaloo (undated), http://media.www.thehullabaloo.com/poll/index.cfm?event=displayPollResults&poll_question_id=26498, and http://media.www.thehullabaloo.com/poll/index.cfm?event=displayPollResults&poll_question_id=27065, respectively, accessed 02/20/08.

  44. John Pope, "Newcomb challenge is back in court; Benefactor's nieces appeal Tulane ruling," The Times-Picayune, New Orleans, February 24, 2007, Metro, p. 1.  See also: Jane Matthis Smith, "Newcomb heirs root for sailor," The Times-Picayune [Letter], New Orleans, June 29, 2007, Metro, p. 6.

  45. John Pope, "Judges rebuff plaintiffs for Newcomb College; Appeals court says case should be dismissed," The Times-Picayune, New Orleans, October 23, 2007, Metro, p. 3.  See also: "Appeal disputes closing of Newcomb," The Times-Picayune, New Orleans, February 23, 2008, Metro, p. 1.

  46. John Pope, "Newcomb College's fate with Civil District Court; Plaintiffs must verify their place as heirs," The Times-Picayune, New Orleans, July 2, 2008, Metro, p. 8.  See also: "Plaintiffs' Appeal Fails; Newcomb Case Headed Back to District Court," Tulane University, New Wave, July 3, 2008, http://tulane.edu/news/newwave/070308_newcomb.cfm, accessed 07/03/08.

  47. "Academia Supports Tulane in Newcomb Lawsuit," Tulane University New Wave, May 13, 2008, http://tulane.edu/news/newwave/051308_newcomb.cfm, accessed 05/13/08.  See also: "Higher Ed Associations Back Tulane Merger," New Orleans CityBusiness, May 12, 2008.  However, see: Kathryn Miree and Winton Smith, "The Unraveling of Donor Intent: Lawsuits and Lessons," The Planned Giving Design Center, November 12, 2009, http://www.pgdc.com/pgdc/the-unraveling-donor-intent-lawsuits-and-lessons, accessed 07/27/10.

  48. John Pope, "Newcomb supporters continue court battle; Merger violates intent of donor, plaintiffs say," The Times-Picayune, New Orleans, May 19, 2008, Metro, p. 1.  See also: John Pope, "Justices scrutinize Newcomb's intent in opening college; Tulane institution closed after Katrina," The Times-Picayune, New Orleans, May 21, 2008, Metro, p. 3.

  49. John Pope, "Newcomb College suit withdrawn; But another is filed to challenge closure," The Times-Picayune, New Orleans, September 30, 2008, Metro, p. 4.  See also: Renée F. Seblatnigg, "Stars align in fight for Newcomb," The Times-Picayune [Letter], New Orleans, October 8, 2008, Metro, p. 6.

  50. John Pope, "Newcomb plaintiff pushes for fast action," The Times-Picayune, New Orleans, June 1, 2009, Metro, p. 1.

  51. "Newcomb Institute Director," Tulane University, NewWave, June 1, 2009, http://tulane.edu/news/newwave/newssplash_0609.cfm, accessed 06/08/09.

  52. Sarah Pinkerton, "Tulane files suit against Future of Newcomb activists," Tulane Hullabaloo, February 13, 2009, http://media.www.thehullabaloo.com/..., accessed 02/15/09.

  53. See the "cease and desist" letters [PDF] from Tulane's New York attorneys and the responses [PDF] of Renée Seblatnigg, President, The Future of Newcomb, Inc.  Tulane eventually decided not to press its demands [PDF].

  54. Mike Strecker, "Court Rules in Favor of Tulane University in Newcomb Case" [Press Release] Tulane University, http://tulane.edu/news/releases/pr_083109b.cfm, accessed 08/31/09.  See also: John Pope, "Suit challenging Newcomb College closing dismissed; Will mum on keeping it open," The Times-Picayune, New Orleans, September 1, 2009, Metro, p. 3.  [Note that Newcomb supporters continue to appeal.  See: "Plaintiff appeals Newcomb ruling; Trial judge upheld closing by Tulane," The Times-Picayune,New Orleans, October 9, 2009, Metro, p. 4.]

  55. John Pope, "Tulane case is back in court; Panel to rehear Newcomb appeal," The Times-Picayune, New Orleans, July 26, 2010, Metro, p. 1.  See also: John Pope, "5-judge panel rehearing Newcomb appeal; Suit says Tulane should revive college," The Times-Picayune, New Orleans, September 1, 2010, Metro, p. 3.

  56. John Pope, "Tulane wins appeal in Newcomb lawsuit; Donor's letter cited in 4th Circuit ruling," The Times-Picayune, New Orleans, October 14, 2010, Metro, p. 4.

  57. Mary Ann Travis, "Professors of Practice Ok'd to Practice," Tulane University Magazine - News, March 24, 2006, http://www2.tulane.edu/article_news_details.cfm?ArticleID=6369, accessed 03/25/06.  See also: Nick Marinello, "Students Become Teachers for ESL Program," Tulane University, NewWave, April 4, 2008, http://tulane.edu/news/newwave/040408_teachers.cfm, accessed 04/04/08.

  58. Piper Fogg, "AAUP Criticizes New Orleans Universities for Post-Katrina Layoffs," The Chronicle of Higher Education, February 2, 2007, Vol. 53, No. 22, p. A6, http://chronicle.com/temp/reprint.php?id=l4gyxf5trv7brw5t5ylbtq5x5yfhc6zz, accessed March 31, 2007.  See also: John Pope, "Colleges blasted on storm response; Personnel, programs hurt, professors say," The Times-Picayune, New Orleans, January 24, 2007, Metro, p. 1.  See also: John Pope, "Report rips local colleges post-Katrina; Angry university administrators fire back at panel's narrow focus," The Times-Picayune, New Orleans, May 16, 2007, Metro, p. 1.

  59. Letter [PDF] of August 24, 2006, from B. Robert Kreiser, Assoc. Sec'y., Am. Assoc. Univ. Prof., to Scott S. Cowen, Pres., Tulane U.

  60. Letter [PDF] of September 7, 2006, from Scott S. Cowen, Pres., Tulane U., to B. Robert Kreiser, Assoc. Sec'y., Am. Assoc. Univ. Prof.

  61. Julie Schwartzwald, "Censure removal stalls; AAUP attempts to open dialogue with university," The Hullabaloo, January 30, 2009, http://www.thehullabaloo.com/..., accessed 02/02/09.  See also: "Opinion of the Hullabaloo; Something is rotten in the state of Gibson," [Editorial], January 30, 2009, http://www.thehullabaloo.com/..., accessed 02/02/09.

  62. Emily Howenwarter, "Final Renewal Plan Cuts Go into Effect," The Hullabaloo, April 27, 2007, http://media.www.thehullabaloo.com/..., accessed 06/12/2007.

  63. Scott Jaschik, "A Flood of Censure," Inside Higher Ed, June 11, 2007, http://www.insidehighered.com/news/2007/06/11/aaup, accessed 06/11/07.  See also: Darran Simon, "Group votes to censure four local universities; Administrators dispute rights-abuse claim," The Times-Picayune, New Orleans, June 12, 2007, Metro, p. 3.  See also: Stephen Maloney, "Without Honors; Five N.O. colleges censured for post-storm firings," New Orleans CityBusiness, July 2, 2007, http://www.neworleanscitybusiness.com/viewStory.cfm?recID=19457, accessed 07/05/07.  See also: Emily Hohenwarter, "Cutting Classes," Gambit Weekly, July 10, 2007, http://www.bestofneworleans.com/dispatch/current/cover_story.php, accessed 07/10/07.

  64. Emily Hohenwarter, "Cutting Classes," Gambit Weekly, New Orleans, July 10, 2007, http://www.bestofneworleans.com/dispatch/2007-07-10/cover_story.php, accessed 04/02/08.

  65. "Author Douglas Brinkley leaving N.O. to teach at Rice," Associated Press, May 16, 2007, http://www.wwltv.com/local/stories/wwl051607jbbrinkley.770e267b.html, accessed 06/29/07.  See also: John Pope, "Rice woos Tulane historian to Houston; Prolific author to join faculty and think tank," The Times-Picayune, New Orleans, May 17, 2007, Metro, p. 1.

  66. Kiplinger's Personal Finance Magazine, "100 Best Values in Private Colleges," http://www.kiplinger.com/tools/privatecolleges/, accessed 02/05/08.

  67. Bruce Alpert, "On the Hill; News from the Louisiana delegation in the nation's capitol" ... "Tulane courting Carville to teach," The Times-Picayune, June 8, 2008, National, p. 22.  See also: Jullian Berner, "Carville to join faculty; Strategist will teach election class offered for spring," Tulane Hullabaloo, November 14, 2008, http://media.www.thehullabaloo.com/..., accessed 11/14/08.  See also: Kathryn Hobgood, "James Carville to Teach Course on Election Strategies at Tulane University" [Press Release] Tulane University, http://tulane.edu/news/releases/pr_111708.cfm, accessed 11/17/08.  See also: Kathryn Hobgood, "Political Pundit Joins Faculty," Tulane University NewWave, November 18, 2008, http://tulane.edu/news/newwave/111808_carville.cfm, accessed 11/18/08.  See also: John Pope, "Carville the class clown to get serious at Tulane; He'll teach nuances of presidential election," The Times-Picayune, New Orleans, November 18, 2008, National, p. 1.
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