Former Law student sues U.

A judge dismissed most of the charges by Howard Altschuler. In a pre-trial decision March 20, United States District Judge Louis Stanton dismissed most of 1993 Law School graduate Howard Altschuler's lawsuit against the University, the Law School and a New Jersey law firm. Altschuler's suit had alleged that a Law professor gave him a failing grade in her class after he refused to defend an issue to which he found himself morally opposed. He also accused the school of defaming him in written and oral conversations with the Brach Eichler law firm prior to the firm's decision not to offer him a job, and accused the firm of repeating such comments to others. Altschuler has until April 20 to replead the case before the court, and he said yesterday that he will do so, adding that "I believe very strongly in my case." In addition to the University, its Trustees and the Law School, Altschuler filed professional and individual charges against Law Professor Elizabeth Slusser Kelly, Law Dean Colin Diver, University President Judith Rodin and several unnamed University employees whom he accuses of communicating the defamatory material. The lawsuit stems from an incident from Altschuler's first year in the Law School. Altschuler During a mandatory "Legal Writing/Moot Court" class, Altschuler protested against an assignment to present an oral argument on one side of an issue because it violated his personal morality. Kelly and the third-year Law student who taught Altschuler's class originally denied his request to handle a different position than the one he opposed. After a few weeks, however, the instructor told Altschuler that Kelly had agreed to allow him to present both sides of the issue. But in what Altschuler's suit alleges was a "breach of the agreement," Kelly ordered him to only present the side to which he was opposed. Altschuler refused to argue the position, and Kelly failed him. Additionally, Kelly drafted a memorandum -- which was subsequently attached to Altschuler's transcript --Ecommenting on the grade, according to the lawsuit. Although Kelly would not comment on the case, Diver said yesterday that the disputed course is a "simulation," designed to prepare Law students for future courtroom experience. He explained that working lawyers commonly retain the ability to pick and choose which cases to argue, but stressed the importance of having Law students defend random positions -- including those they disagree with. "Part of becoming a great advocate is to anticipate the arguments your opponents will make," Diver said. "Nobody's treating them as if this is their own personally held belief." University General Counsel Shelley Green was not available for comment last night on the case. In a meeting with Diver and other Law School and University officials before his graduation, Altschuler tried to get his grade changed and the memorandum removed from his transcript. But a faculty committee upheld Kelly's original decision and refused to change the grade. "I was essentially a very active student and I was very much on the front lines of trying to reform the Law School," Altschuler said. "But the Law professors resented me." Altschuler served as president of his Law class, but said he was unable to secure a job after graduation -- despite sending out hundreds of resumes, many of which required an attached transcript. In the fall after Altschuler's graduation, however, he interviewed several times with the New Jersey law firm Brach Eichler and was assured that he would receive the job. But in January 1994, according to the judge's decision, "[Brach Eichler interviewer James] Davis told [Altschuler] that at least one member of Brach Eichler's hiring committee had spoken with a 'blind reference' -- a professor or administrator at the Law School" who had labeled Altschuler as a "behavior problem, involved in a disciplinary incident of some kind [and] a troublemaker." After hearing the comments, Brach Eichler chose not to offer Altschuler a job. Stanton dismissed 10 of Altschuler's 12 charges, most of which were related to allegations of breach of contract and libel, but upheld charges relating to the communication of Altschuler's transcript. The charge against University-affiliated defendants -- excluding Kelly, Diver, Rodin and the "John Does" -- for illegally releasing Altschuler's transcript to law firms and to the Connecticut Bar Association was upheld, as was a charge against the University for relaying defamatory messages to Brach Eichler's hiring committee.