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NEWS

October 23, 2008
The Chronicle of Higher Education published a letter to the editor from two former students of Margo Ramlal-Nankoe, a faculty member in the Sociology department at Ithaca College (New York), and a client of Bernabei & Wachtel, PLLC. These students praised Dr. Ramlal-Nankoe for her teaching skills and methods, and for her even-handed approach to teaching politically controversial issues. They also expressed their serious concerns about Ithaca College’s denial of tenure to her based on improper political considerations.

October 11, 2008
Lynne Bernabei represents Dr. Margo Ramlal-Nankoe, an Assistant Professor of Sociology at Ithaca College (New York), in her challenge to the rejection of her tenure application. Dr. Ramlal-Nankoe teaches and publishes on global race and ethnic relations, and on women in the third world. Her tenure application was supported by the fact that she had completed an article, and co-authored two books over the past two years, and had received favorable evaluations from her students and professional colleagues. However, the college took inconsistent positions over the past several years in evaluating her professional accomplishments, and improperly allowed political animosity by several colleagues and administrators towards her research fields to influence the outcome of her tenure application. Both the Chronicle of Higher Education and The Ithacan (September 25th and October 2nd) have covered this dispute.

October 9, 2008

Court Blocks Government From Designating Charity As "Terrorist"


FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666;
media@aclu.org

TOLEDO, OH – A federal judge today blocked the government from blacklisting an Ohio-based charity, KindHearts for Charitable Humanitarian Development, Inc., without further judicial review. In response to a request filed by the American Civil Liberties Union, the ACLU of Ohio and several civil rights lawyers on behalf of KindHearts, Judge James G. Carr of the U.S. District Court for the Northern District of Ohio Western Division blocked the government from designating the organization as a specially designated global terrorist "without first affording KindHearts with constitutionally adequate process," including notice and a meaningful opportunity to contest the basis for such a designation.

The U.S. Treasury Department's Office of Foreign Assets Control (OFAC) froze the group's assets more than 31 months ago, without notice or a hearing, based simply on the assertion that KindHearts was "under investigation." OFAC then threatened to designate KindHearts as a "specially designated global terrorist" based on classified evidence, again without providing KindHearts with a reason or meaningful opportunity to defend itself.

The following can be attributed to Hina Shamsi, staff attorney with the ACLU National Security Project:

"We are gratified that the judge recognized the importance of independent judicial review of the government's actions towards KindHearts. His decision also serves the public's interest in ensuring that government action, including in the name of national security, is subject to the constitutional requirements of due process."

KindHearts' founders established the charity in 2002 – after the government shut down a number of Muslim charities – with the express purpose of providing humanitarian aid abroad and at home in the United States in full compliance with the law. Despite the efforts KindHearts took to implement OFAC guidance and policies and otherwise exercise diligence, OFAC froze its assets in February 2006.

The attorneys filing the case on behalf of KindHearts are Shamsi and National Security Fellow Alexander Abdo of the ACLU; Fritz Byers of Toledo, Ohio; David Cole of the Georgetown University Law Center; Lynne Bernabei and Alan Kabat of Bernabei & Wachtel, PLLC in Washington; and Jeffrey Gamso and Carrie Davis of the ACLU of Ohio.

More information about the case, including legal documents filed by the ACLU this morning, can be found online at: www.aclu.org/safefree/discrim/37097prs20081009.html

October 7, 2008

Lynne Bernabei and David Wachtel have been selected for inclusion in the 2009 edition of The Best Lawyers in America® in the specialty of Labor and Employment Law.
For over a quarter of a century, Best Lawyers has been regarded – by both the profession and the public – as the definitive guide to legal excellence in the United States.

October 7, 2008

The Firm’s representation of a senior female anaesthesiologist who is suing George Washington University and George Washington University Hospital for gender discrimination and defamation was recently written up in the GW Hatchett. As reported in the article, senior administrators and department physicians forced her out of her job based on false allegations against her of poor patient care.  Although she was exonerated of those charges, the peer review committee imposed illegal and unauthorized supervision that forced her out of her job.  After she resigned to take another job, GW and the Hospital reported her to the National Practitioners Data Bank, in an effort to harm her career still further.  The case is pending before the United States District Court for the District of Columbia.
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