THE LAW ALUMNI

THE LAW SCHOOL UNIVERSITY OF PENNSYLVANIA The University of Pennsylvania does not discriminate on the basis of race, color, sex, sexual or affeetional preference, age, relig­ ion, national or ethnic origin, or physical handicap. The University's policy applies to faculty positions and other employment, students and applicants to educational programs. Penn's Law School and the Public Interest

Contents The following article was pub­ work; minimal salaries for public FROM THE DEAN: 1 lished in the University's Almanac interest lawyers who often have large Penn Law and Public Interest student loans to repay; and the 1980s SYMPOSIUM 4 describing public interest activities at William Bradford Reynolds 8 the Law School. While we can take thinking that doing well outdoes doing FEATURED EVENTS 9 pride in these activities, we must also good. Ambassador Max M. Kampelman 9 recognize that an enormous amount One strategy for solving the problem Hon. Joseph A. Grundfest 11 remains to be done in the public focuses on the way in which lawyers are IRVING R. SEGAL LECTURESIDP interest arena. Excluding government prepared for their profession. From the IN TRIAL ADVOCACY: outset, they must recognize that their Justice Lewis F. Powell, Jr. 13 service and judicial clerkships, only ALUMNI PROFILE 15 two or three of the graduates of our exclusive privilege of practicing law Jeffrey M. Stopford, '69 most recent classes have gone into creates the obligation to make their special skills available to all of society. Ideally, PENN lAW PEOPLE IN THE NEWS 16 full-time public interest work. The FACUL1Y 18 such convictions should be shaped in the vast bulk of our graduates go into ALUMNI BRIEFS 19 nation's law schools. private practice and a majority of our IN MEMORIAM 22 At the University of Pennsylvania Law graduates practice with very large Editor: Joanna Charnes School, the process is already well firms. If our alumni are to carry their underway. Assistant Editors: John J. Pease III, fair share of public interest activities, Thomas J. Pease we must find ways in which law Faculty & Alumni Briefs Editor: Promoting Public John J. Pease, III firms, through the example of its Photography Credits: Joanna Charnes, partners and through firm practices, Interest Careers Nancy Wegard encourage their lawyers to devote Through financial assistance Design: The Graphics Guild time to public interest activities. The The Law School's student body of 720 Robert H. Mundheim, Dean Law School and the Law Alumni The University of Pennsylvania Law School is exceptionally well-qualified. Median Society will hold an important confer­ Law School Admission Test scores for The Office of Development and Alumni ence on this key issue during the Relations entering classes rank in the 95th percentile Sally Carroll, Office Manager Spring Term. The Law School is also nationally. Such excellence is due to the Joanna Charnes, Director of Law Alumni considering ways in which the habit School's need-blind admission policy. Affairs and Editor, Law Alumni Journal of engaging in public interest work is But escalating tuition and living costs Margaret S. DiPuppo, Director of Annual fostered among our student body. are making law education more expensive Giving John S. Manotti, Assistant Director of than ever. For 1988-89, the total comes to Annual Giving Dean Robert H . Mundheim $22,400 for tuition, fees, and living Donald G. Myers, Director of Development expenses. The rising costs are outstripping Carol G. Weener, Assistant Director of The legal profession has long held the School's financial aid resources and Development that all lawyers should devote part of forcing more students to rely heavily on their time to pro bono service, a term loans. As a result, those who graduate with Editor's Note: In the 39th Annuall?eport of Giving/Law Alumni Joumal, from the Latin pro bono publico, mean­ a heavy debt are much more likely to several individuals were in correctly recogni zed. Please accept choose the best-paying jobs rather than our apologies. ing "for the public good." Mrs. Charles W. Rosner was li sted under the category Yet less than 18 percent of the full-time public-service positions in "Friends," but should have been listed under " Parents, Mr. and Mrs. Charles W. Ros ner." nation's private lawyers are involved which lawyers may earn $25,000 or Under gifts made to Annual Giving, Jonathan H. Newman, in public interest law. And according less. '87 and Na ncy Marcus, '87 gave a joi nt gift. Only Mr. Newman's name appeared in the Report. to a recent study in The National Law To aid students who wish to serve Cecelia Bailey, '88, who is clerking for Judge William H. Yohn, Jr. of the Montgomery County Common Pl eas Court was journal, only two percent of the the public interest, the Law School has incorrectly li sted under the category of Federal Clerkshi ps. graduates of the top law schools two financial support programs. Salvatore Faia, '88 is clerking for Judge Donald W. VanArtsdalen, U.S. District Court, Eastern District of during the last five years chose public The new Public Interest Scholarship Penn sy lva nia. Program awards full three-year scholar­ Karen Knox, '88 is cl erking for Judge Robert Cowan of the interest jobs. Third Circu it not the Third District. The problem has several root causes: ships to entering students who excel in Bradford Gram Swing, '88 is clerking for Judge Herbert P. Wilkins of the Massachusetts Supreme Judicial Court not the proliferation of giant law firms that no academics and already have substantial Southern Judicial Court. longer routinely set pro bono goals for records of public service. their members; the shortage of attor­ That student achievers with a proven neys willing to volunteer time for such bent to public service choose Penn is convincing proof that the Law School's clinics, courses, and programs, in the ences ever" ... and one more way in Responsibility and the Legal Profession words of one Public Interest Scholar, which the School is reminding future is required of all first-year law stu­ "demonstrate an overt concern in lawyers of their responsibilities to the dents. The course is noteworthy in promoting public interest careers." public good. several respects, including its promi­ The Public Interest Scholarship Pro­ nence in the first-year curriculum, its gram is a major step by the School in introduction of "real-world" lawyering Through public-interest conferences making such careers possible. materials, and its use of practitioners as The Freedom of Career Choice Fund is Open discussion of social problems teaching resources. The Center has just what the name implies: a resource is an effective way to alert law students developed additional specialized for law alumni who choose pro bono to their legal implications. The Law courses in professional responsibility work. The Fund provides grants that School has such a forum in the student­ for second- and third-year students. help public interest lawyers repay their run Edward V. Sparer Public Interest Indicative of the kind of leadership educational loans. These Career Law Conference, held annually since that the Center offers in the legal Choice grants which range from $1,000 1983. community is an innovative project: to $5,000 can mean the difference The 1988 Conference, for example, programs on professional responsibil­ between staying in or dropping out of focused on "Privacy and the Public ity that are conducted within individ­ low-paying public interest positions. Interest." Students and members of the uallaw firms. For example, one The Law School considers the Fund of public sector discussed possible legal program, presented this Fall, includes such importance that it pays for the solutions to privacy issues associated an overview of the new Rules of awards from its own operating budget. with AIDS, drug testing in the Professional Conduct, recently adopted workplace, needs-tests for welfare by the Commonwealth of Pennsylva­ Through innovative programs recipients, domestic violence, child nia; confidentiality of client informa­ welfare, and gay rights. tion; conflicts of interest; ethical The Law School's highly acclaimed Conference topics have included advocacy in the litigation process; and Clinical Program, described by Dean "Health Care and Justice: Practicing in discussions of ethical dilemmas that Robert Mundheim as "second to none in the Public Interest" and "Law, the participants encounter in their own the nation," teams clinical faculty with Family, and Social Change." practices. students who work with real clients in To advance the law of lawyering, the public service settings. Center will promote scholarly consid­ The program's scope is broad. Examining Issues of eration of this important discipline Students in the Small Business Clinic Professional Responsibility through its research, publications, and represent clients referred by the Wharton consultations. School's Small Business Development Few fields of the law are under more But professional conduct is an issue Center. Others in the Penn Legal Assis­ scrutiny than that of professional responsi­ in fields other than the law. Ethical tance Office, the School's teaching law bility. questions arise in medicine, business, office, provide free legal services to poor Lawyers constantly face ethical nursing, and other professions for clients, while still others serve as child dilemmas in their practice, while the public which Penn prepares its students. advocates or family counselors. Students worries over the media image of lawyers as Recognizing this, the Center will also serve as extems in the public interest "hired guns," as provocateurs who litigate initiate interdisciplinary faculty­ sector. for personal gain, or as representatives of student seminars in the University's other Field-work experiences in the impersonal institutions or governments, professional schools. The Law School is a Program have already spurred many with undefined discretion. logical leader in these professional law students to take action on their Meanwhile, law students seldom have responsibility seminars as many critical own. For example, student volunteers the opportunity to confront the question of issues are defined within a legal context. at the West Philadelphia branch of what sort of lawyers they wish --and The Center is under the direction of Community Legal Services provide ought-- to be. Senior Fellow Edmund B. Spaeth, Jr., free legal representation and help with The Law School has responded to former president judge of the Superior food stamp problems to neighborhood these concerns with The Center on Court of Pennsylvania. clients. Professionalism: the nation's first Approximately 60 percent of the academic forum for the examination students take clinical courses. The and resolution of ethical and institu­ Influencing by Example numbers continue to climb. According tional problems of the legal profession. to many alumni, the Clinical Program Under the aegis of the Center, an Honorary Law School Fellows is "one of the best law school experi- intensive course in Professional The Law School established the annual

2 Honorary Fellowship Award in 1965 to Reitz and the Honorable Edmund B. his vigorous prosecution of political affirm the School's ideal of combining Spaeth, Jr.) corruption cases, Dennis personally professional life with public service, to ... Board member, Committee of won convictions of a reputed Mafia honor lawyers who have significantly Seventy of Philadelphia; court-ap­ boss as well as a Philadelphia City contributed to the ends of justice at the cost pointed counsel for indigent prisoners Councilman and his aide for trying to of personal risk, and to present these (Curtis Reitz) extort $1 million from developer lawyers as role models for students. .... Counsel, National Emergency Willard G. Rouse. Ira Jay Kurzban, Esq., named an Civil Rights Committee (David Benjamin Lerner, L'65, has led the Honorary Fellow in 1987 for his work Rudovsky) Defender Association of Philadelphia with Haitian refugees, said in his .... Consultant and Special Counsel, to national acclaim. Last year, Chief acceptance speech: "I do not believe School District of Philadelphia (Ralph Defender Lerner and his associates that there is anything called ' practicing Smith) were awarded the Clara Shortridge public interest law.' I believe that there .... Advocate for prison reform Foltz Award as the best defender is practicing law with courage, with a (Susan Sturm). association in the nation. In May, the sense of morality, and with a sense of Law Alumni Society awarded him the justice." Law School Alumni Law Alumni Certificate of Merit in This year's Honorary Fellow is recognition of his distinguished career MorrisS. Dees, Jr., founder and The Law School prides itself on its in public service. director of the Southern Poverty Law many alumni who epitomize the ideal According to Lerner, the nation Center, who served as counsel in more of the lawyer as the learned counselor gives little recognition to its public than fifty civil rights cases. dedicated to justice. defenders, yet they "represent the President of the Law Alumni Society 'original intent' of the Constitution to a Howard L. Shecter, L'68, for example, much greater extent than those whose Law School Faculty has made it a priority of his term to celebration of it seems limited to The Law School's 1987 Guide to focus attention on the ways in which parades and fireworks." Faculty Expertise identifies public law firms can facilitate public interest jane Lang , L70, Overseer, interest as a significant research activity by partners and associates. served as general counsel to the interest: from affirmative action, He is currently working with Department of Housing and Urban children's rights, consumer affairs, and Professor Sturm in planning a round­ Development during the Carter family law to sex discrimination, table meeting that will bring together administration. unemployment, unorganized workers' law firm managers, public interest john W. Nields , ]r. , L '67, Chief issues and welfare law. advocates, and students so that "they Counsel to the U.S. House of Represen­ The Law School faculty have always can learn from one another what needs tatives Select Commitee to Investigate engaged in a wide variety of public to be done and what can be done to Covert Arms Transactions with Iran, service work. Examples include: serve the public interest." previously served as special counsel to Other Law School alumni who serve the U.S. Department of Justice. ... ACLU staff attorney (C. Edwin the public good include the following . Henry W. Sawyer, III, L'47, named an Baker) Honorable Arlin M. Adams, L'47, Honorary Fellow for his involvment in ....Member of Third Circuit Task retired Judge of the U.S. Court of Appeals civil rights issues, has served as Force on Rule 11 which deals with for the Third Circuit and former Secretary counsel in such cases as those involv­ sanctions against lawyers and litigants of Public Welfare, Commonwealth of ing the rights of blacks and civil rights for abusing the litigation process Pennsylvania. Judge Adams, a lecturer at workers in Mississippi and Philadel­ (Stephen B. Burbank) the School since 1953, established the Arlin phia school teachers who took the Fifth ....NAACP Legal Defense Fund litigator and Neysa Adams Foundation for Freedom Amendment during the McCarthy (Lani Guinier) and consultant (Marvin E. of Religion. The Foundation supports a investigations. Wolfgang). Law School course on the religion clauses Bernard G. Segal, L'31,is an interna­ ... Consultant, American Civil Liberties of the U.S. Constitution . tionally-known advocate of world Foundation and the Women's Law Project ]ames Crawford, L'62,is vice-president peace and civil rights. A former (Seth F. Kreimer) of the national A.C.L.U.; president of the president of the American Bar Associa­ .... First director of a na tiona! program to Pennsylvania A.C.L.U .; and a member of tion, Segal chairs the committee on recruit and train lawyers for Community the national, state, and local A.C.L.U. international communications of the Legal Service offices (Howard Lesnick) boards. Former! y general counsel to the World Peace through Law Committee ... .Special assignment for the U.S. Redevelopment Authority of Philadelphia and is a member of the Lawyers Treasury Department to negotiate and a deputy district attorney, he currently Alliance for Nuclear Arms Control. He release of U.S. hostages from Iranian serves on the boards of the Defender is a lifelong member of the NAACP custody; public governor, National Association of Philadelphia and the Public board of trustees and has served in Association of Securities Dealers Interest Law Center of Philadelphia. numerous anti-discrimination and anti­ (Robert Mundheim). Former U.S . Attorney Edward S.C. poverty commissions. A chair attached ... Members of Pennsylvania's State Dennis, L'73, heads the Justice Depart­ to the Law School's deanship is named Judicial Reform Commission (Curtis ment's criminal division. Known for in his honor.

3 ANNUAL GIVING achieved. The Germans are principal play­ Argument on Appeal." A reception in the Firm Solicitation ers in the capital markets, but their contact Great Hall and dinner at the Faculty Club Hangley, Connolly, Epstein, Chicco, with the SEC has thus far been less than with students followed. Justice Powell's Foxman & Ewing was the first firm to that of other major countries. The close speech is featured on page 13. achieve 100 percent participation for fiscal contacts between the University of Pennsyl­ Edward F. Mannino, '65, of Baskin, year 1988-1989. This is the fourth consecu­ vania and Johann Wolfgang-Goethe Univer­ Flaherty, Elliott and Mannino, met with tive year that David Pudlin, '74 has been sitat in Frankfurt provide a unique opportu­ students at a "brown bag lunch" on firm solicitor. nity to present the SEC and its work to the Tuesday, October 18. Mr. Mannino dis­ German financial community." cussed his experience as defense counsel in litigation against tobacco companies. On Thursday, December 1, Ambassador VOLUNTEERS NEWS FROM THE COUNCIL OF Max M. Kampelman, Chief United States STUDENT REPRESENTATIVES Arms Control Negotiator on Nuclear and NEEDED! The Class of 1989 Elections: Space Arms with the Soviet Union, ad­ President: Donna Boswell dressed the student body in Room 100. A Spring 1989 Annual Giving Tel ethons Class Officers: David Crichlow reception followed in the Goat Area. His Wednesday, March 15 & Dan Dalton speech is featured on page 9 . Thursday, March 16 5:30p.m. Jim Mitchell Cocktails and Dinner at the Faculty Club Class Agent: Fritz Smith Well-attended telethons make the difference! Judge Alex Kozinski of the Ninth Circuit NEWS FROM THE LAW ALUMNI Please reserve a few hours Court of Appeals spoke at the Law School of your time for Penn. To participate, SOCIETY on Thursday, October 6. Sponsored by the contact the Law Annual Giving On Tuesday, October 4, Dean Robert Office at: (215) 898-4396. Federalist Society, Judge Kozinski spoke H. Mundheim and Law Alumni Society on "The Exclusionary Rule, Believe It or President Howard L. Shecter hosted a Not." luncheon at the Faculty Club for the past SEC CONFERENCE IN Wednesday, October 12 marked the presidents of the Law Alumni Society. In fourth Irving R. Segal Lectureship in Trial attendance were Carroll R. Wetzel '30, GERMANY Advocacy. The Honorable Lewis F. Powell, Joseph P. Flanagan, Jr. '52, Thomas N. Dean Robert H. Mundheim and Profes­ Jr., retired Justice of the United States O'Neill '53, David H. Marion '63, Marshall sor Friedrich Kubler served as co-chairmen Supreme Court, spoke on the topic "Oral A. Bernstein '49, and Clive S. Cummis '52. at a public conference November 1 in Frankfurt, West Germany to introduce the Securities and Exchange Commission to the West German financial community. The conference, sponsored by the Uni­ QUINQUENNIAL CLASS REUNIONS! versity of Pennsylvania Law School and the Johann Wolfgang-Goethe Universitat, brought together the chairman, and other officials of the SEC and leaders of the Reunion Weekend is May 19-21, 1989 for all quinquennial classes. On West German banking and financial com­ Saturday, May 20 at 1:30 p.m., Dean Robert H. Mundheim will lead alumni on munities. a champagne tour of the Law School. Refreshments will be served. The Reunion The conference was designed to famil­ Committee Chairmen report the following plans for their reunions: iarize the German financial community with the work of the SEC. The theme of the Class Reunion Chair Location conference, Internationalization of Capital Markets as a Challenge for Securities 1934 Eugene Fish T.B.D. 1939 William Fox T.B.D. Regulation; was explored in four sessions: 1944 Meyer Kramer Barton Ferst's home. Insider Trading, Manipulation: Enforce­ 1949(F) Marshall Bernstein Cocktails: The Bernsteins. ment of U.S. Securities Laws in Interna­ Dinner: Haldeman's Restaurant. tionalized Markets; Futures and Options Sunday Brunch: Gordon Gerber's home. Trading in a Healthy Capital Market; 1949 Abram Steinberg Skytop Lodge (September 1989). Clearance and Settlement of Securities 1954 Judge Edward Blake Philadelphia Art Museum Transaction; and Disclosures and Listing 1959 Bill Eastburn Weekend in Bucks County. of Securities. 1964 Andrew Cantor Sat. Hotel Atop the Bellevue. "The internationalization of the securi­ 1969 Jeff Stopford Sat. Night: Jeff Stopford's home. Sun. Brunch: Lee Hymerling's home. ties markets means that the SEC cannot 1974 Arlene Fielder Society Hill Sheraton. discharge its regulatory responsibilities for 1979 Sandy Mozes Dicken's Inn -Head House Square the U.S. securities markets without the 1984 John Chou Law School cooperation of foreign financial communi­ ties and regulators," said Dean Mundheim. "This conference is designed to further the process by which such cooperation is

4 LAW ALUMNI SOCIETY BOARD CAREER STATISTICS FOR THE Owen J. Roberts OF MANAGERS CLASS OF 1988 Memorial Lecture The Board of Managers held their The graduates of the Class of 1988 quarterly meeting on Tuesday, October 11, continued the upward trend of acceptance Professor Sissela Bok in the Faculty Lounge of the Law School. of positions in private law firms. In 1984, The Nominating Committee, who will be 66 students took jobs in the largest firms; "New Scope for Legal Ethics" responsible for slating new officers and in 1988 110 students took these jobs. Almost Board of Managers for 1989, are as half of the class is working in either follows: Philadelphia or New York. We are often Chairman, David J. Kaufman '55 asked whether more students are going to E. Norman Veasey '57 one city or the other. Interestingly, the Dale P. Levy '67 number has see-sawed each of the last five Hon. NormaL. Shapiro '51 years. In 1988, 49 students took jobs in New Leon Meltzer Professor A. Leo Levin '42 York and 62 in Philadelphia. Howard L. Shecter '68, Ex-Officio. Last year's stock market adjustment has seemed to affect career choices for some BOARD OF MANAGERS of our graduating students. In 1987, 6 students started careers in investment bank­ NOMINATING COMMITIEE, DIS­ ing. We have not located any 1988 grads TINGUISHED SERVICE AWARD who took an investment banking job. COMMITTEE UPDATES: While the total of 3 students accepting The Board of Managers met on Monday, positions in the public interest arena is, of February 13, 1989 at the Law School. The course, very small, we are encouraged that Nominating Committee Chairman David J. the number of students currently enrolled Kaufman, '55 presented a slate of officers in the Law School who seem committed to and new Board of Managers for nomination at least beginning their careers in public at the Annual Meeting of the Board of interest positions is larger than we have Managers on Law Alumni Day. The last seen in some years. Writer and ethicist Sissela Bok delivered Board of Managers Meeting for the Fiscal Lyn Davis, Director, Career Planning the Owen J. Roberts Memorial Lecture on Year of 1988-1989 will be held on Wednes­ and Placement. Legal Ethics on Thursday, November 10, day, June 7, 5:00p.m. at the Law School. in the Annenberg School of Communica­ The Distinguished Service Award Com­ tions. Ms. Bok, assistant professor of CAREER STATISTICS FOR THE Philosophy at Brandeis University is a mittee, under the Chairmanship of James CLASS OF 1988 H. Agger '61 , has revised the criterion for noted author and philosopher. Her books include Lying: Moral Choice in Public and the Distinguished Service and other awards Total Employed 209 97.5% as follows: Not Seeking Employment 1 0.5% Private Life and Secrets: On the Ethics of Still Seeking Employment 4 2.0% The Distinguished Service Award will be Concealment and Revelation. Bok has served TOTALS FOR JOB 214 100.0% on the Board of Directors for the Hastings presented to individuals who have contrib­ STATUS KNOWN uted "in service" to the Law School and are Institute in New York and the Institute 2 recognized as faculty members or alumni Employment Status Not Known (1 % overall) for Philosophy and Religion at Boston TOTAL 1N CLASS 216 whose service to the Law School demon­ University. The Roberts Lecture Series is supported strates those qualities of character, intel­ EMPLOYMENT CXI'EGORlES lect, and social and professional responsi­ Private Practice 166 79.4% by an endowment from the Law Firm of very small - 5~ 2.4 % ) Montgomery, McCracken, Walker & bility which the law school nurtures. The small- 8 (3.8 o) committee agreed that the recipients of this medium- 12 (5 .7%) Rhoads, and is sponsored by the Law award would be Han. Edmund B. Spaeth, large- 31 (14.8%) Alumni Society, The Order of the Coif and very large -110 (52.6%) this Law School. Jr. and Algernon Sydney Biddle Professor Public Interest 3 1.4% Curtis Reitz, '55. The awards were pre­ Business Concerns 2 1.0% The Roberts Lecture will be printed in Government 7 3.3% its entirety in the University of Pennsylvania sented at the annual Benefactors Dinner. federal- 5 The Alumni Certificate ofMerit Award will state & local - 2 Law Review Volume 138 later this year. Judicial Clerkships 25 12.0% be presented to alumni whose careers have federal- 18 been distinguished in the field of law. These state & local - 7 awards will be given at regional Law Alumni Academic (teaching or grad school) 1 0.5 % ADDITIONAL CLASS NOTES Workplace unknown 5 2.4% David Kurland, '88 is clerking for Judge Society Cocktail Receptions. The two most 209 100.0% Edmund V. Ludwig, of the U .S. District Court, recent recipients of this award were Ben Eastern District of Pennsylvania. Lerner, '65 and Peter Hearn, '61. GEOGRAPIDC DISTRIBUTION Northeast 169 80.9% Joshua Sarner, '88 is clerking for Judge The James Wilson Alumni Merit Award BOSTON- 5 (2.3%) Juanita Kidd Stout of the Supreme Court of will be presented at Law Alumni Day to DC- 22 (10.5 %~ Pennsylvania. NYC- 49 ~3.4 o) an alumnus who has made a significant PHILA- 6 (29.7%) contribution to the Law School and/or to Southeast 13 6.2% MIAMI-8 the legal profession. Great Lakes & Plains 11 5.3% CHICAGO- 8 West 10 4.8% LOS ANGELES - 5 SAN FRANCISCO - 2 Abroad 1 0.5 % Location Unknown 5 2.3% 209 100.0%

5 RECENT EVENTS

Board of Visitors Day Benefactors Dinner October 26, marked the third Board of The Historical Society of Pennsylvania Visitors Day at the Law School. Alumni was the location for the annual Benefactors gathered to discuss the long range goals and Dinner, Wednesday, October 26. Following plans for the Law School. In addition to dinner, Law Alumni Society President attending first year classes and reviewing Howard L. Shecter presented the Distin­ architects' proposals for the new building, guished Service Award to the Honorable the group participated in a discussion on Edmund B.Spaeth, Jr. and Algernon Sydney professionalism. Topics with Dean Mund­ Biddle Professor Curtis Reitz '55 for their heim and the faculty ranged from building commitment and support to the Law plans and Law School space needs to School, and their involvement in the Center interesting new graduates in the field of on Professionalism. public interest.

Parents and Partners Day Friday, November 4 was the date of the fourth annual Law Alumni Society spon­ sored Parents and Partners Day. Students attended their regularly scheduled 9:00 classes, then met their families, spouses or guests for coffee and muffins. This success­ ful program offered families of first year students an opportunity to sit in on Friday morning classes: Torts and Civil Proce­ dures. After class, everyone convened in Top Room 100 for a Panel Presentation on "Life Gilbert F. Case/las, '77, David H. Marion, '63, Dean Robert H. Mundheim, Arthur G. During & After Law School." Dean Robert Raynes at the Benefactors Dinner. H. Mundheim greeted the first year stu­ Above dents and their guests, and introduced each Honorable Edmund B. Spaeth, Jr. and panelist. Charles E. Dorkey, III '73 and Lester J. Schaffer, Class of '37. Nancy J. Bregstein '76 were alumni partici­ Left pants. Students on the panel were Jeffrey Helen Pudlin '74, Lawrence J. Fox, '68. Cusic '90, and Anne Bartow '90. Also on the panel were David H. Marion '63 and his son Charles Marion '89, offering their unique perspectives on Law School and beyond. A box lunch in the Goat Area from Le Bus Restaurant concluded the day. Keedy Cup Moot Court Competition Human Services had been provided sub­ The Final Argument of the Edwin R. stantial information concerning this pattern Keedy Cup Competition took place Wednes­ of abuse, but took no effective protective day, November 30, at the University Mu­ action. Ultimately, the physical abuse caused seum. Comprising the Keedy Cup Bench a condition of permanent disability. were Honorable Robert N.C. Nix, Jr., '53, The Plaintiff sought relief on two grounds: of the Supreme Court of Pennsylvania, That the Due Process Clause of the Hon. Louis H. Pollak, of the United States Constitution entitled him to protective District Court for the Eastern District of services by the State where a state agency Pennsylvania, and former Dean of this Law with responsibility for providing such serv­ School, and Hon. Phyllis W. Beck, of the ices was aware of his specific needs. Superior Court of Pennsylvania, and former Secondly, the plaintiff claimed that the Vice Dean of this Law School. The Keedy "special relationship" that was created Cup Finalists, all from the Class of 1989 between him and the government gave him Parents and Partners Day Panelists: Charles E. Dorkey, were Robert F. Hoyt, David L. Perry, for a right to sue under tort law principles for I II. '73, Nancy J. Bregstein, '76, Dean Robert H. the Petitioner, and Patrice C. Alfano, and the failure to protect him from abuse. Mundheim, David Marion, '63. Jeffrey Cusic, '90, R. Colin Keel Furiga, for the Respondents. The Complaint was dismissed in the Charles Marion, '89, and Anne Bartow, '90 The case argued was Joshua DeShaney, District Court for failure to state a cause a minor, by his Guardian Ad Litem, v. the of action under the Constitution. This City of Philadelphia, Department of Hu­ ruling was affirmed by the Court of Ap­ man Services, et al. The case presented the peals. The Supreme Court granted review issue of whether a state which is on notice to resolve the conflict in the lower federal that children have been abused by their courts which have disagreed on the ques­ parents or guardians has an affirmative tions of whether and under what circum­ responsibility to take steps to protect the stances the Constitution imposes a duty to children. The plaintiff in this case was a protect. young child, seriously abused by his father. The winning team were the Petitioners, Social workers from the Department of Robert F. Hoyt, and David L. Perry.

6 William Johnson Chair Luncheon Boston The William B. Johnson Chair was Boston Alumni will meet for a luncheon inaugurated at a luncheon during the on Wednesday, April 26. Overseers Meeting on November 30. Upon Hershey, PA his retirement from IC Industries, William The Law Alumni Society will host its B. Johnson, '43 was presented with a chair annual Cocktail Reception in conjunction in corporate law honoring his twenty years with the Pennsylvania Bar Association's as CEO of the corporation. Dean Mund­ Annual Meeting Wednesday, May 10 at the heim was pleased to introduce Myles Hershey Motor Inn. Whalen, a partner with the law firm of Shearman and Sterling in New York, and Washington, D.C. the first Johnson lecturer to the overseers The Washington D.C. Annual Alumni and assembled guests. Mr Johnson was Luncheon will be held Wednesday, May 17. presented with a University of Pennsylvania Chair to mark the occasion. Also in New York attendance were Mary Barb Johnson '43, The Annual New York City Alumni Cocktail Reception and Dinner will be held the Johnsons' three children, and friends Wednesday, June 14, at the Princeton Club. of the family.

Alumnae Workshop Top NEWS FROM THE INSTITUTE The third Alumnae workshop was held William Johnson, '43, Mary Barb Johnson, '43, Hon. Arlin FOR LAW AND ECONOMICS M Adams, '47, and Neysa Adams on Wednesday February 1, at the firm of John M. Olin Distinguished Speakers Cohen, Shapiro, Polisher, Shiekman & Above The Honorable Joseph A. Grundfest, Cohen. Susan Cary Nicholas from the S. Donald Wiley, '53, Stephen A . Cozen, '64, and Lipman Redman, '41 one of the four Commissioners of the Women's Law Project presented an infor­ Securities and Exchange Commission, ad­ mative session on what pro bono work Alumni Society President Howard L. Shecter dressed the Law School on "Management attorneys can do to support women's issues. '68 and Professor-on-leave Charles Mooney Buyouts" Tuesday, October 4. His speech Also speaking to the group was Beryl invited Penn Law Alumni to convene. is featured on page 11. Richman Dean, '64 who is currently placing Alumni at the breakfast included Mitchell Matthew L. Spitzer, of the University of homeless people in jobs and Eve Kloth en Brock, '53 and Gerald P. McAlinn, '79. Southern California Law Center, addressed from the V.I.P. Program. The workshop/ Professor Mooney, who is doing research the issue "The Broader Implications of the lunch was coordinated by Law Alumni on international securities markets for the Repeal of the Fairness Doctrine" on Tues­ Society Board of Manager Nancy J. Bank of Japan during the fall academic day, October 18. Bregstein, '76. term, updated graduates about the new On Monday, October 24, Alan M. faculty at the Law School. Mr. Shecter Schwartz of Yale Law School spoke on REGIONAL ALUMNI EVENTS spoke extensively about plans for the new "Addiction and the Duty to Warn." This London, England building, the Five Year Capital Plan, and lecture was given in cooperation with the Peter M. Roth '77 reports that the the increasing class participation toward Legal Studies Seminar. Friends and Alumni in Britain held their the Annual Giving effort. Mr. Shecter The Honorable Richard A. Posner of the fifth annual gathering in London, England reported back that there is an increasing United States Court of Appeals for the on July 8, 1988. The setting was the demand for attorneys in Tokyo due to the Seventh Circuit visited the Law School for sixteenth century Parliament Chamber of increased presence of corporations in Ja­ two days this past October. Prior to his the Middle Temple. The dinner was at­ P.an. The Tokyo alumni were quite enthusi­ appointment to the Seventh Circuit, Judge tended by those who had studied, taught, astic about the meeting. Posner served on the faculties of Stanford or lectured at the Law School. Those Law School and the University of Chicago AALS Alumni in Thaching Breakfast Law School. Judge Posner founded the present included: Mark Blythe, Legal In New Orleans, Friday, January 6, 1989, Method Instructor, 1965-1966, Nicholas Journal of Legal Studies and was a research faculty members and alumni-in-teaching associate of the National Bureau of Eco­ Bratza QC, Legal Method Instructor, 1967- who were attending the Association of 1968, Michael M. Collins, LL.M. '80, John nomic Research. Widely regarded as one American Law Schools met for a breakfast of the leading proponents of the Law and Colyer QC, Associate Professor, 1959-1961, at the Sheraton New Orleans Towers and Karin lest, LL.M. '77, Sydney Kentridge Economics approach, Judge Posner ad­ Hotel. The breakfast was sponsored by the dressed a key alumni luncheon on Tuesday, QC, Owen Roberts Lecturer, 1979, Guy Law Alumni Society. I.F. Leigh '70, James A. Loughran '58, Continued on page 8 Richard D. Oughton, LL.M. '77, Peter M. Washington D.C. Roth, LL.M. '77, Nicholas A. Sherwin, Donald Gavin, '67 hosted a dinner party LL.M. '83, and Martin R. Smith, LL.M. in his home on Sunday, January 22, 1989 '79. The toast to Her Majesty the Queen for his classmates residing in the Washing­ was proposed by John Colyer Q.C. Peter ton D.C. area. M. Roth spoke about his year as a visiting Associate Professor at the Law School in Los Angeles proposing the toast to Benjamin Franklin. On Thursday, February 9, 1989, Profes­ After the dinner, guests were given a tour sor Harry Gutman addressed a group of of the Middle Temple Hall. Los Angeles area alumni at the University Club. The dinner was coordinated by Law Tokyo, Japan Alumni Society Board of Manager Marshall Alumni in the Tokyo area were treated A. Rutter '59. Also representing the Law to a breakfast on October 18 when Law Alumni Society was Howard L. Shecter, '68, President. Honorable Richard A. Posner

7 cies: "In criminal law enforcement, it has a WILLIAM BRADFORD REYNOLDS virtual monopoly among federal agencies over the prosecutorial and correctional THE REAGAN JUSTICE DEPARTMENT functions of the process, as well as a preeminent role, through the FBI, at the investigative stage. It is similarly at the On October 24, William Bradford Rey­ forefront in the enforcement of our many, nolds, the assistant attorney general in critically important civil rights laws." charge of the civil rights division at the "The shift on the courts in the direction U.S. Department of Justice, spoke to an of judicial conservatism" is listed by Mr. audience of law students. Reynolds as a key accomplishment of the Mr. Reynolds was appointed head of the Reagan years. He listed other achievements Justice Department's Civil Rights Division but recognized new challenges ahead, such in 1981 and was named counselor to the as immigration reform, the problem of child attorney general in 1987. Prior to his pornography and tort reform. He noted, appointment to the Justice Department he "The Reagan Justice Department has done was a litigation partner with the Washing­ much to make it easier to meet these ton D.C. law firm of Shaw, Pittman, Potts challenges. It has since 1981laid a solid and & Trowbridge. credible foundation for strong law enforce­ The focus of his speech was to give an ment at the federal level. It has also forged "insider's view" of the Justice Department a close working partnership with state and over the past seven years. As an introduc­ local officials and with international forces. tion to the audience, Mr. Reynolds de­ Historians will treat kindly these years scribed the unique role of the Justice under President Reagan, as well they Department among the other federal agen- should ... "

October 25, followed by a public lecture on Labor Law Roundtable Taxation of the Philadelphia Bar Associa­ "The Future of Law and Economics." Two The Institute conducted a roundtable tion. The morning seminar featured "Es­ hundred students and faculty members on the economic analysis of labor law on tate Planning for the Closely Held Corpora­ attended. The lecture was co-sponsored by Friday, December 2. The focus of the tion -Transferring Value After the '87 Act." the Political Economy and Industrial Or­ session was "National Labor Relations The Lunchtime Speaker was Honorable ganization Seminars. Board Decisions and Case Law Involving Ronald A. Pearlman, Chief of Staff, Joint Former Deputy Assistant Attorney Gen­ Plant Closings and Work Relocation." Committee on Taxation. The afternoon eral of the Antitrust Division of the United This roundtable was the last in a series seminar discussed "Taxable and Tax Free States Department of Justice Ronald G. funded by Leon C. Holt, Jr. '51. The Acquisitions Involving Members of an Carr spoke on Thursday, November 17. The Institute is grateful for his support of the Affiliated Group- Current Issues in a subject was "The Implementation of the series of roundtables which have enabled Problem Setting; Checklist for Drafting Revised Merger Guidelines." faculty to present their work to practitio­ Agreements." The Moderator for the after­ ners in the fields of tax policy, financial noon discussion was Chrisopher Branda, Olin Banking Series markets, and labor law. Jr. '51. The Institute's lecture series on banking issues began Tuesday, November 29 with a Board Appointments joint lecture by Robert Carswell of Shear­ The Institute welcomes to the Board of COSTS. man and Sterling, and John Petty of the Advisors Peter F. Waitneight, Vice Presi­ $ .40 per page photocopied. Inter-American Development Bank. They dent of Corporate Financing at the Sun $5.00 Service Charge for spoke on "LDC Debt and Bank Capital." Company, and Robert L. Banse, Senior Copying up to 3 Documents. On Wednesday, January 18, Kenneth Vice President and General Counsel of DELIVERY COSTS: U.S. Mail, UPS or other McLean, Staff Director of the Senate Merck and Company. overnight delivery Committee on Banking, Housing, and Ur­ ACTUAL COSTS: ban Affairs, gave a presentation on "Paying Recent Grants Telefax $7.00 plus Long for S&L Insolvencies." Distance charges. The Institute recently received a $75,000 DELIVERY: $7.00. grant from the United Parcel Service EXPEDITED SERVICE Upcoming Seminars Foundation. This grant will support the CHARGE: $15.00 United States Postmaster General An­ continuation of the Institute's roundtable Requests can be made 24 hours thony M. Frank will address the question program. In addition, the John M. Olin a day, 7 days a week at (215) "Are S&Ls Needed?" on Wednesday, Foundation has extended its commitment 898-9387 February 15. to the Institute through fiscal year 1990 with Orders received before 3:00 Banking consultant Carter H. Golembe a grant of $125,000. p.m. will be processed within will speak in March on "Enacting Bank 24 hours. Orders received after 3:00 p.m. on Friday will be Regulatory Reform." The series will con­ MID-ATLANTIC TAX processed the fo llowig Monday. clude on Wednesday, April 12, with a When yo u call, please give seminar conducted by Kenneth Scott, the CONFERENCE The Third annual Mid-Atlantic Tax • Your name, address and John M. Olin Visiting Professor at this Law phone number School on " Reforming Deposit Insurance." Conference was held on Saturday, February • The complete citation 4 at the Wyndham Franklin Plaza Hotel. • Your preferred method of The conference was presented by the Law delivery, including Telefax School in cooperation with the Section on number if yo u choose this form of delivery.

8 FEATURED EVENTS

Each generation faces its own unique changes have made interdependence a generation, to international influence far challenges. But through the ages they reality. Economic power and industrial beyond their relative size. appear to have one common characteristic. capacity are ever more widely dispersed Alongside these developments, there is Men and women seem capable of mobiliz­ around the globe. Our political and eco­ a global trend toward democracy which ing their talents to unravel the mysteries of nomic institutions are feeling the stress of holds the promise of great forward move­ their physical environment. We have learned these pressures as they try to digest their ment toward freedom and human rights. to fly through space like birds and move in implications. We have yet to come to grips Almost unnoticed, the numbers of people deep waters like fish . But how to live and with a world in which the combined gross and the numbers of nations now freely love on this small planet as brothers and national product of Europe, for example, electing their governments or vitally moving sisters still eludes us. In every age, that has exceeds that of the United States; and the in that direction are greater than ever in the been the essence of the challenge. The gross national product of Japan exceeds history of the human race. Indeed, accord­ immense challenge to your generation that of the Soviet Union; while small ing to Freedom House, in the past fifteen -and my generation has made a good countries such as Korea, Taiwan, and years the number of countries which can beginning - is to find the basis for lasting Singapore have moved, in the space of a be called "free" or "partly free" has peace among the people of the world so that they might live in dignity. In this nuclear age, the significance of that goal is overwhelming. THE------The pace of change in the world today is so rapid that any statement we make FUTURE LIES WITH HUMAN DIGN~ about tomorrow is likely to be obsolete even today. Henry Adams wrote in 1909 that PERSONAL FREEDOM, "the world did not double or treble its movement between 1800 and 1900, but, &DEMOCRACY measured by any standard known, .. . the tension and vibration and volume and so-called progression of society were fully a thousand times greater in 1900 than in 1800." MAX H. KAMPELMAN Using that measure, the pace of change between 1900 and today is beyond calcula­ tion, probably greater than has taken place On Thursday, December 1, the Law in all of mankind's previous history com­ School was honored by a visit from bined. And newer scientific and technologi­ Max M. Kampelman, Ambassador cal developments on the horizon will and Head of the United States Delega­ probably make all similar discoveries, from the discovery of fire through the industrial tion to the negotiations on nuclear and and commercial revolutions, dwarf by com­ space arms in Geneva, Switzerland. parison. During my lifetime, medical knowl­ Spealdng to students, faculty and alumni edge available to physicians has increased in Room 100, Kampelman spoke on more than ten-fold. More than 80% of all "Negotiating with the Soviets." scientists who ever lived are alive today. The average life span is now nearly twice A partner until his retirement in as great as it was when my grandparents 1985 with the law firm of Fried, Frank, were born. The average world standard of Harris, Shriver & Kampelman, the living has, by one estimate, quadrupled in ChiefArms Negotiator is also a scholar. the past century. Advanced computers, new Kampelman received his J.D. from materials, new bio-technological processes are altering every phase of our lives, deaths, New York University School of Law even reproduction. These developments are and his Ph.D. in Political Science from stretching our minds and our grasp of the University of Minnesota. He served reality to the outermost dimensions of our as Legislative Counsel to United States capacity to understand them. Moreover, as Senator Hubert H. Humphrey, and we look ahead, we must agree that we have only the minutest glimpse of what our was appointed by President Carter universe really is, for as Adams said, "Our to serve as Head of the U.S. science is a drop, our ignorance a sea." Delegation to the Conference These changes in science and technology on Security and Cooperation are producing fundamental changes in our in Europe from 1980-1983. material lives and in our social and political Kampelman was reappointed relationships. It is not just that necessity is the mother of invention. It is that invention under the Reagan is the mother of necessity. Global economic Administration.

9 climbed from 92 to 116, while the number Our ability to influence Soviet internal of "not free" declined from 71 to 51. While b"l"1 developments is likely to be limited, but democracy is still under attack throughout ''0ur a Ity to we are not totally without influence. The Latin America, more than 90% of its people Soviet Union and its people in many ways today live in democracies or countries well influence Soviet measure themselves by Western standards. on their way to it. When permitted, and The United States is the Soviet Union's sometimes even when not, people are internal developments principal rival, but we are also its standard choosing freedom. for comparison. Language used by us to This trend is prompted not only by an is likely to be characterize our values, such as "human abstract love of justice - although this is rights" and "democracy" are adopted by undoubtedly present - but by the growing limited, but we are the Soviets, because they satisfy the deepest realization that democracy works best. aspirations of the Soviet peoples as well. Governments and societies everywhere are The words "glasnost" and "perestroika" discovering that keeping up with change not totally without are being repeated so extensively in the requires openness to information, new Soviet Union that they may well take on a ideas, and the freedom which enables influence." meaning and dynamism of their own which ingenuity to germinate and flourish. State­ could become difficult to reverse. controlled centralized planning cannot keep When I began negotiating with the up with the pace of change. Even in China Soviet Union in 1980, under President and the Soviet Union, there is growing to harmonize their contributions to a whole Carter, human rights was beginning to be recognition of the relationship between that is healthy and constructive in the injected as a major item on our country's freedom and economic dynamism, a reali­ search for lasting peace with liberty. international agenda. We prevailed in that zation that a closed, tightly-controlled soci­ It is easy to verbalize these verities. It is negotiation, but the Soviet Union stub­ ety cannot compete in a world experiencing much more difficult to attain them, given bornly insisted that the discussion of the an information explosion that knows no our cultural, political and social differences. subject was an improper interference in national boundaries. But, as it must under the laws of nature, their internal affairs. When President We are already on the verge of the day today will soon be yesterday; and tomorrow Reagan asked me in 1985 to return to when no society will be able to isolate itself will soon be with us. government service as head of our nuclear or its people from new ideas and new It is my profound hope that through the arms reduction negotiating team, an ex­ information anymore than one can escape process of internal transformation that is traordinary change became apparent. Un­ the winds whose currents affect us all. demanded by new technologies, the time is der the leadership of the President and the National boundaries can keep out vaccines, at hand when Soviet authorities compre­ careful guidance of Secretary of State but those boundaries cannot keep out hend that repressive societies in our day George Shultz, the United States enlarged germs. One essential geo-political conse­ cannot achieve inner stability or true upon what President Carter initiated, and quence of that new reality is that there can security; that it is in their best interest to incorporated the concept of human rights be no true security for any one country permit a humanizing process to take place as a necessary and ever-present ingredient unless there is security for all. Unilateral so that it can show the rest of us that cruelty in the totality of our relations with the Soviet security will not come from either with­ is not indispensable to their survival. I hope Union. Recent events in Moscow are a drawing from the world or attempting that leadership truly realizes that its historic dramatic and effective illustration of this national impregnability. Instead, we must requirement to achieve Communism through commitment. learn to accept in each of our countries a violence is an abomination in this nuclear Yes, we are prepared to reduce arms; mutual responsibility for the peoples in all age; and that their security as well as ours and we want to normalize and stabilize our other countries. There can be no real depends on a willingness to be governed by relations with the Soviet Union. But, we security for the people of Iran, unless there rules of responsible international behavior. insist, the pursuit of arms reductions must is security for the people of Iraq. There can We can hope, but we cannot yet trust. be accompanied by attention to the serious be no security for the people of Lebanon There are significant and dramatic changes problems that cause nations to take up unless there is security for the people of taking place in the Soviet Union, potentially arms. Arms are the symptoms of a disease. Israel. massive changes, but we must see if the Let's treat the disease: Regional conflicts, The lessons for the United States and rhetoric turns into reality. We can welcome bilateral tensions, and, of course, human the Soviet Union -the most important Soviet use of words such as "democracy" rights violations. The latter, we explained, security relationship in the present era and "glasnost," but we dare not forget that, are at the root of much of our hostility -are evident. We cannot escape from one in the past, such words have too often been toward the Soviet system, and undermine another. We are bound together in an contradicted by deeds. the very essence of trust and confidence equation that makes the security of each of Mr. Gorbachev's task is a formidable between nations. us dependent on that of the other. We one. The USSR is not apt easily or quickly In his 1975 Nobel Prize speech that he must learn to live together. Our two to undergo what Jonathan Edwards called was not permitted to present in person, Dr. countries must come to appreciate that just a "great awakening," or see a blinding light Andrei Sakharov, said: as the two sides of the human brain, the on the road to Damascus. The fundamental "I am convinced that international trust, right and the left, adjust their individual nature of its system is the fact he and we mutual understanding, disarmament, and roles within the body to make a coordinated must still face. But there is the beginning of international security are inconceivable and functioning whole, so must hemi­ change. We must be open to that change without an open society with freedom spheres of the body-politic, north and and evaluate its effect with open eyes and south, east and west, right and left, learn an open mind. Continued on page 17

10 MANAGEMENT BUYOUTS & LEVERAGED BUYOUTS ARE THE CRITICS RIGHT ?• Honorable Joseph A. Grundfest My review of the evidence leads me to forth when entrepreneurs have a substan­ Honorable Joseph A Grundfest spoke conclusions that are, however, quite differ­ tial equity stake in the businesses they run at the Law School on "Management ent from those expressed by many critics and when those businesses are overseen by Buyouts" Thursday, October 6 at a John of MBO and LBO transactions. Experience a relatively small group of knowledgeable, M. Olin Foundation Lecture. The program to date demonstrates that some of these active investors who have a direct and was co-sponsored by the Political Economy transactions are successes while others are significant financial stake in the success or Seminar. failures. Among the successes are reinvigor­ failure of the enterprise. The value added The Honorable Joseph A Grundfest has ated companies that have regained a sharp by the entrepreneurial energy associated been Commissioner of the Securities and competitive edge as a result of a manage­ with venture capital operation is so well Exchange Commission since October 1985. ment buyout. Among the failures are recognized that many foreign countries Prior to his government service, he prac­ companies that may well have encountered have specifically sought to replicate the ticed law with the firm of Wilmer, Cutler difficulties as a result of the financial United States' venture capital success by & Pickering. He received his J.D. from pressures imposed by leveraged transac­ providing inducements to entrepreneurs Stanford University in 1978. tions. and investors willing to take venture capital­ Public policy cannot, however, be guided type risks. solely by successes. Nor should it be Buyouts are closely related to venture dominated by failures. Rational public capital enterprises. Instead of starting a Management buyouts ("MBOs") and lev­ policy must be guided by the best available firm from scratch, a buyout recreates eraged buyouts ("LBOs") have been sub­ evidence regarding the aggregate con­ venture capital-type incentives within exist­ ject to extensive criticism. They have been sequences of these transactions measured ing firms by providing management with reviled as unfair to stockholders, threaten­ on average and over time. Individual anec­ strong, equity-based incentives combined ing to employees, and inhospitable to dotes, no matter how compelling when with aggressive oversight from investors long-term corporate planning. The com­ considered in isolation, can easily mislead. who have substantial capital at stake. The panies involved in these transactions are Viewed from this perspective, and taking economic benefits that result from reinvig­ allegedly dangerous to themselves and full account of the undeniable risks involved orating large, established corporations that others because their high debt-to-equity in many of these transactions, the prepon­ may have grown a bit lazy or sluggish are ratios leave them economically vulnerable, derance of the evidence strongly suggests every bit as real as the benefits that result particularly if interest rates increase or if that MBOs and LBOs are beneficial for the from the formation of new firms. Thus, just the economy suffers a recession. companies involved and for the economy as society applauds the risk taking inherent The bankruptcy of Revco Drugstores, as a whole. The successes far outnumber in venture capital operations, it makes only 18 months after its management the failures, and many of the costs associ­ sense, I think, to view buyouts in an buyout, has recently added fuel to these ated with these transactions have been equivalent light as risky but beneficial fears. Further concern has been generated substantially exaggerated. opportunities for industrial rebirth at firms by the rapid growth of multibillion dollar In order to appreciate the benefits that that may not be living up to their full leveraged buyout funds. Here, the appre­ result from these transactions, it is useful potential. hension is that in order to "do deals" to draw an analogy between buyouts and While there is extensive debate over the necessary to commit billions of dollars in the operation of the venture capital sector. sources of gain that result from buyouts, the available capital, fund managers will be Venture capital is an undeniably risky most significant gains result, I believe, from pressured into paying premium prices that business. It is a trivial matter to identify the reduction in agency costs that occurs lead to unsustainable leverage, thereby startup companies that have quickly gone when management is given an opportunity further threatening the competitive fabric bankrupt costing their backers many mil­ to share a substantial equity stake in the of an increasingly large number of MBO lions of dollars- and occasionally making firm they operate. Buyouts thus reintegrate and LBO companies. even the most technologically and finan­ management interests with equity incen­ These concerns are expressed by many cially sophisticated investors look foolish. tives and resolve the classic Berle-Means respected observers of the economic scene If the venture capital industry were judged problem that arises when ownership is and, as Congressman Markey makes clear solely by its risks and failures, that entire separated from control. Managements are in his address, they are shared by influential sector of the economy would be a candidate thereby motivated to adopt efficiency­ policymakers in Washington. These con­ to be shut down. enhancing measures that simply do not cerns are, I believe, quite understandable. Fortunately, the public policy process occur in publicly traded firms with diffuse The academic and financial communities has not proved so short sighted or risk ownership. have an obligation to respond with credible averse. Policymakers are able to appreciate As the co-head of corporate finance at evidence that either supports or rejects the the tremendous successes spawned by the McKinsey & Company explains, these trans­ factual premises upon which these concerns venture capital industry. They appreciate actions "are so immensely successful be­ are based. the extraordinary value that can be called cause they are better managed." Indeed,

11 there is no shortage of war stories describ­ mittee often retains its own independent ing how a firm taken private in an MBO or "... the preponderance counsel and investment bankers. The auc­ spun off in an LBO increased productivity tion is typically subject to extensive judicial as a direct result of management improve­ of the evidence supervision with courts setting standards ments that were infeasible under prior for the disclosure of information to compet­ ownership structures. There is also no strongly suggests that ing bidders, the reasonableness of any shortage of testimonials from business "hello" or "good-bye" fees to be paid to executives who participated in buyout trans­ MBOs and LBOs are bidders, the validity of lockup agreements, actions and say "it's amazing what a little the exercise of "poison-pills" rights, and the motivation does for the bottom line." timing of any decisions that may be subject Even economists skeptical of the bene­ beneficial for the to shareholder vote. fits associated with hostile takeovers con­ A management group therefore cannot, cede that MBOs result in companies involved as a practical matter, buy out their own "a nontrivial amount of value creation. company without giving competing bidders The enterprises emerging from MBOs and for the economy an opportunity to at least top manage­ are invariably structured to give manag­ ment's own bid. As this address is written, ers greater incentives to cut costs and as a whole." an MBO that is in its earliest stages of to budget capital more responsibly. development demonstrates the open auc­ Increased management ownership, con­ tion environment that has evolved in con­ centrated ownership in the hands of junction with those transactions.The man­ knowledgeable profit-motivated invest­ agement of Insilco Corporation, in conjunc­ ment bankers, and reduced free cash tion with First Boston Corporation, recently flow all contribute to the value created proposed a $29 per share management in MBOs. Finally, managers who know buyout. Documents filed with the SEC their firms best get to keep them, and indicate that other bidders may have been all of the upheaval costs associated with willing to pay $30 a share or more. Insilco's hostile takeovers are avoided .... From board asserts it acted reasonably in accept­ the point of view of promoting efficiency ing management's $29 proposal because of they appear to be a good thing." the contingent nature of the other potential Journalists sometimes make the same bids and First Boston's insistence on a rapid point in a more colorful fashion: response to its offer. "When management or new owners take Nonetheless, counsel for the committee over a company in an LBO, they of Insilco's outside directors concedes that suddenly stop managing so they can get First Boston's bid was only an opening bid to the country club by 3 p.m. Instead, agement buyouts are even more stringent and explains that "(i)f somebody wants to they start to notice what the difference than those imposed on third party takeover bid more than $29, they still can. The best in internal rate of return is if they sell a transactions, in particular, participants in test of the process is what happens now. " low-yielding parcel in Palm Springs management buyouts are required to dis­ In other words, an auction with a reserva­ tomorrow instead of earning 1% on its close additional appraisal and valuation tion price of $29 has begun. present value. When management of information in order to assure that manage­ No doubt, stockholders and competing LBOs goes into action, it suddenly starts ment is not exploiting an informational bidders may challenge the board's initial to notice arbitrages between liquidation advantage. The staff of the Securities and decision to accept management's $29 bid, value and yield value. Out goes the three Exchange Commission has, over the past as well as expense reimbursement and wood. In comes the HP-12." few years, expanded the scope of these termination fee arrangements with First Accordingly, the best available evidence disclosure requirements so that a board Boston. However, management and First urges a "steady as she goes" course for considering a management buyout proposal Boston are not assured of success because policymakers and provides no support for must now disclose the valuation informa­ if a higher bidder comes along the board those who would further regulate or restrict tion provided by investment bankers who may well find it impossible to accept MBO or LBO transactions. have provided advice regarding the transac­ management's offer. tion. 2. Are Shareholders Being Treated Fairly? At the state level, courts have become A frequent concern in MBO transactions 1. MBOs and LBOs are Highly substantially more aggressive in scrutinizing is that the managers purchasing the com­ Regulated Transactions. the conduct of all takeover transactions. pany are acquiring it at an unfairly low Critics of MBOs and LBOs occasionally MBO transactions have, however, been price. In support of this theory, critics often proceed from the assumption that these singled out for particularly close attention point to transactions in which management transactions are relatively unregulated phe­ because of the potential for self-dealing earns substantial returns in short periods nomena. Little could be farther from the that disadvantages public stockholders. Ac­ of time on relatively modest initial capital truth. MBOs and LBOs rank among the cordingly, a board's decision to accept an investments. most intensely regulated transactions in our MBO proposal is almost certain to be These individual instances, however, entire marketplace. construed as a signal that the company is prove little if anything about the equity of At the federal level, the Williams Act for sale. At that point, the corporation's premiums paid in MBO transactions. Share­ imposes substantial disclosure requirements directors become subject to a duty to holders are clearly taken advantage of if on all participants in MBO and LBO conduct an auction designed to assure that management acquires the company at a transactions. The purpose of these re­ stockholders obtain the highest price for price below that which would be paid by quirements is to assure that investors are their shares. The board is generally advised an independent third party purchaser in fully informed when deciding whether to to form a separate committee of independ­ an arm's-length transaction. The available accept or reject an MBO or LBO offer. The ent directors to handle negotiations with evidence, however, indicates that the pre- disclosure requirements imposed on man- management and other bidders. That com- Continued on page 17

12 It is a special privilege for me to give the who also spoke on "Trial Advocacy." Irving Segal Lecture. The Segal brothers, Rifkind and Silverman both are past Presi­ Bernard (Bernie) and Irving, have been dents of the American College of Trial friends of mine for many years. Both are Lawyers. I am honored to follow two such lawyers with national reputations. Perhaps distinguished lawyers. My subject this after­ because we are the same age and have noon is appellate advocacy. Although dif­ shared many experiences, Bernie Segal is ferent, the object of both is to persuade. one of the closest professional friends I First, I will talk briefly about history, and have ever had. mention a few of the famous names. Then, Irving (Buddy) Segal has been a great as older lawyers like to do, I will offer some credit to the University of Pennsylvania. advice. He graduated Phi Beta Kappa from the History College, and Order of the Coif in 1938 from Advocacy, the power of persuasion, is the Law School. He served some four years deeply rooted in western civilization. In in the U. S. Army (1942-46), attaining the centuries past oratory was greatly admired. rank of captain. You are familiar with his Greece had its Demosthenes, and Rome its reputation as a leading trial lawyer. He is a Cicero. Today, oratory as such is rarely member of the American College of Trial seen. But the purpose of advocacy, now Lawyers, and served on its Board of written as well as oral, remains the same: Regents. It was most appropriate for the to persuade. Law School to create the Irving Segal Our legal system is inherited largely Lecture on Advocacy. from Great Britain, particularly the English Irving R. Segal Lecture The first Segal Lecture was given by courts. We, like the English, have an Simon H. Rifkind -another nationally known adversarial system based on civil and Law School, University of Pennsylvania litigation lawyer. He spoke in October 1987 criminal trials before impartial judges. The October 12, 1988 on "Trial Advocacy." The second lecture federal Constitution and that of every state was given last spring by Leon Silverman require juries in criminal cases. England has eliminated the jury in almost all civil cases. But our federal and state constitutions LEWIS F. POWELL, JR. require juries in civil as well as criminal cases. Advocacy in a jury trial differs from Associate Justice (Retired) that before an appellate court. Yet, in both, Supreme Court of the United States persuading the decision maker is the critical role of the lawyer. The English Bar (barristers), a separate branch of the legal profession from solici­ tors, still maintains standards of advocacy APPELLATE we could emulate. But even in England there are now few great names comparable to Thomas Erskine. Erskine, a Scotsman, dominated the English bar from 1778 until ADVOCACY Bernard G. Segal, '31, Justice Lewis F. Powel~ Jr., and he became Lord Chancellor 28 years later, Irving R. Segal, '38 He made his great reputation as defense counsel fighting for such causes as the right of fair trial, independence of juries, and freedom of the press. Lewis F. Powell, Jr., RetiredAssociateJusticeofthe United States Supreme Court, is a man ofnoteworthy Other famous English barristers who achievement in the judicial, military, and public sectors. His experience, knowledge and skills come to mind are Sir Edward Marshall enabled him to play an important role in shaping the policies and actions of the United States Hall-for several decades another famous throughout his sixteen years of service on the Supreme Court. A 1932 graduate of Harvard Law defense barrister of the English bar. Also School, Justice Powell's career has exemplified professionalism and leadership in matters of there were Sir Patrick Hastings, Sir Charles national and local concern. Russell, Sir John Simon and Lord Birkett. Prior to his appointment to the Supreme Court by President Richard M. Nixon in 1971, Justice In the 19th Century, we also had Powell was associated with the firm of Hunton, Williams, Gay, Powell & Gibson and specialized renowned advocates, the most famous in the areas of litigation and general civil practice. Among his professional achievements, Justice being Daniel Webster. He not only argued Powell has served as a member of the National Advisory Committee on Legal Services to the Poor, more cases before the Supreme Court than receiving an award in 1968 for his contributions to the National Legal Services Program, and as any other lawyer, he was an eloquent a member and past president of the Virginia State Board of Education. advocate with great personal magnetism. Justice Powell has also had an accomplished military career, holding the final rank of Colonel Lawyers as well as judges, particularly in with the U.S. Army Air Forces, as well as serving as Chief of Operational Intelligence for U.S. the early decades of our country, played Strategic Air Forces in Europe. significant roles in shaping the law. In addition, Justice Powell was appointed a member of the National Commission on Law Webster's influence on the development Enforcement and Administration of Justice by President Lyndon B. Johnson, and was appointed of constitutional law is a striking example. by President Nixon to study the Department of Defense as a member of the Blue Ribbon Defense Professor Freund has said: "Every school Panel from 1969-1970. He was President of the American Bar Association from 1964-1965 and boy knows how large a part of Daniel President of the American College of Trial Lawyers from 1969-1970. Currently, Justice Powell Webster's arguments before the Supreme serves as an Honorary Bencher of Lincoln's Inn, London. Court found their way into opinions of Marshall." 13 He practiced when few cases came to the Limit assignments of error to substantial ing questions directly and candidly often is Supreme Court, and there was no limitation issues, ones that would decide the case. the best form of argument. on oral argument. In McCulloch v. Mary­ Avoid a "shotgun" approach where pre­ Last spring Justices were interviewed land, Webster, Luther Martin, William Wirt cious space is wasted on issues that are on public TV (WETA) informally at the and other counsel argued the case for nine unlikely to be decisive. Avoid excessive Court. Justices White, Scalia and I were days. In the famous Girard will case citations, excessive footnotes, and lengthy asked about the importance of oral argu­ (involving $7 million) Webster and other quotations from familiar decisions. ment. All three of us agreed that this type counsel assailed the ears of the Court for Small things also are important. I recom­ of advocacy is essential, though not as some ten days. To some extent, arguments mend using high quality paper, printing and important as the briefs. In addition, we in famous cases then were major events in binding. Lawyers are ill advised who try to agreed that "a lawyer should welcome Washington. Fashionable ladies - as well fudge on the number of pages by decreasing questions from the bench." As Justice as government officials - eagerly sought mar-gins and the leading between lines. Scalia commented, he questions counsel seats in the small court-room in the Capitol. A word about the joint appendix on with the view to giving him or her "a best Happily, and I speak personally, such appeal. This may be of critical importance shot at meeting my [Justice Scalia's] diffi­ marathon talking in an appellate court is to the justice or judge writing the opinion. culty with that side of the case." no longer permitted either in our federal Few things are more frustrating to the It is, of course, important to be attentive or state systems. In 1970, the Supreme appellate judge than to find, because of the to the judges and responsive to their Court Rules were changed to limit oral inadequacy of the appendix, that it is questions. Few things are more annoying argument to 30 minutes per side with briefs necessary to request and review the full to a judge than for the lawyer to keep limited to 50 pages. With more than 150 record. Be certain that every part of the talking when the judge asks a question. Nor cases argued before the Supreme Court record that is emphasized in your brief is should a lawyer respond to a judge's each Term, the Court is seriously overbur­ included in the appendix. Conversely, do question by saying "I'll come back to that dened. not weigh the appendix down with material later." The effective advocate listens care­ This Century that is not relevant to the issues on appeal. fully to the judge's questions, and tries to give a direct and responsive answer. In this century no name is more illustri­ Because of our primary reliance on written arguments, counsel should prepare Never read an argument. And avoid ous than that of John W. Davis who argued reading extracts from reported cases or the 140 cases before our Court, more than any briefs with the utmost care. We read the testimony-though it may be necessary to other lawyer. Erwin Griswold ranks second, briefs carefully prior to oral argument, as read the critical language of a statute. having argued 124 cases. He is a former do Courts of Appeals judges. But rarely is Often, moot courts in law school are Dean of the Harvard Law School, and was a Justice's mind closed before hearing what structured for argument by teams of two Solicitor General for eight years. Despite counsel has to say. advocates. In actual practice, it is usually 54 years of age, he is still a gifted advocate Oral Argument unwise to divide an argument between two to whom I always listened with great I will now talk about oral argument. As counsel. Questions from the bench can respect. it can be critical in a case, careful prepara­ disrupt the best laid plans for such a I am happy to say to this audience that tion is advisable. It is essential to know your division. Bernie Segal is another superb appellate record from cover to cover. Particularly lawyer. He had argued a number of cases before a multi-judge court, you may be Of course, avoid both shouting and before the Supreme Court-usually success­ embarrassed by unexpected questions based waving one's arms. In our Court, a few years fully. Other lawyers who have argued a on some portion of the record a judge has ago, a well-known lawyer, while beating the number of cases during my service on the read. air with his arms, struck his associate sitting Court include Rex Lee, William T. Cole­ It is prudent to assume, where 30 beside the lectern. Happily the blow was man, Jr., Larry Gold (AFL-CIO), and minutes is allowed, that questions will limit not disabling. More recently, a Justice of Barrett Prettyman, Jr. Whitney North Sey­ you to 20 minutes or less. At the outset one the Court, watching another counsel argu­ mour, now deceased, argued fewer cases, should state the case concisely. The facts ing primarily with his hands, whispered to but was as good as the best. found below-that are essential to under­ me: "He reminds me of a used car So much for brief glimpses of the past, standing the legal questions-should be salesman." and the great names in our profession. I summarized, and the issues clearly identi­ No longer are cases argued before the come now to specifics, focusing on the fied. Supreme Court only by an elitist group of Supreme Court-though much the same can I emphasize conciseness, as I have seen nationally known lawyers. Indeed, a high be said for advocacy before any appellate lawyers waste valuable minutes. If your percentage of those who now appear are court. brief argues several questions, it may be before us for the first time. advisable to argue only your strongest Few lawyers are as gifted and experi­ The Briefs-Most Important position. Inform the Court that you leave enced at oral advocacy as the great names Our system of presenting cases on the argument of the other issues to your I have mentioned. Yet, I emphasize that appeal differs sharply from that in England. brief. Experienced lawyers, arguing for the no well-trained lawyer need hesitate to There, the oral argument-rarely limited-is appellant, try to save a few minutes for argue his or her case before any appellate critical. Unlike the English, we rely primar­ rebuttal. court -including the Supreme Court. Suc­ ily on the printed brief. Joseph H. Choate, John W. Davis, in his famous lecture on cessful oral advocacy no longer is primarily Jr., whose father was a leader of the bar in appellate advocacy, recommended that in a matter of eloquence. Nor does success the last century, is quoted as saying a good an oral argument one should "go for the depend upon the fame of counsel. many years ago: jugular vein." He stated that John G. It was Robert Jackson who said that "We have now reached the point Johnson, distinguished member of the "what impresses the Court is the quality of where we file our arguments in Philadelphia Bar, enjoyed success before a lawyer's argument, not his eminence." It writing, and deliver our briefs orally. " appellate courts by addressing himself to a is particularly helpful if the lawyer has tried Counsel should comply strictly with the single point, "often speaking for not more and argued the case below. Rules. Although 50-page briefs are permit­ than 20 minutes but with force and logic." ted by the Supreme Court, the Justices You should welcome questions - the admire counsel who state their case clearly toughest you can think of. Indeed, answer- Continued on page 15 and forcefully in fewer pages.

14 JEFFREY M. STOPFORD, '69 Jeffrey M. Stopford, '69, National Class 1983 until present, Mr. Stopford has oper­ When Stop ford assumed the role of class Agent Chairman, is an alumnus who has ated as sole practitioner, in Philadelphia for agent in 1984, the class responded to his always had an impact on those around him. three years and in Media, PA for the past Annual Giving request with a total of As sole practitioner he has achieved great three years. $27,048 (up from $9,509 the previous year) success representing plaintiffs in personal Mr. Stopford's professional activities are from 84% of the class (up from 32% the injury cases. His dedication to this Law numerous and quite diverse. For many previous year.) Succeeding years have seen School as Class Agent for the Class of 1969 years, he has lectured and written articles the class respond in even greater numbers and National Class Agent Chairman is on a number of topics: trial advocacy, - 92% in 1987, with increased generosity unparalleled. governmental immunity, comparative negli­ -$54,091 in 1988. A graduate of Phillips Academy gence, and swimming pool liability. Some It was only a matter of time until the (Andover) and Harvard College (1966), of the organizations he has lectured before scope of Stopford's influence transcended Mr. Stopford was associate editor of the include the Philadelphia Bar Association, the class of 1969. In 1988 Stopford agreed Law Review after his first year of Law Pennsylvania Bar Association, Philadelphia to serve as National Class Agent Chairman. School. His work on the Law Review Trial Lawyer's Association, and the Ameri­ With the same determination and personal continued throughout his years at the Law can Trial Lawyer's Association. commitment he began invigorating the Law School and he was named to Order of the Mr. Stopford is dedicated to serving the School's class agents. His calls and commu­ Coif at graduation. Mr. Stopford feels that community through his law practice and niques to class agents generate a geometri­ his experience at this Law School has had also through his many volunteer activities. cally multiplied response. Annual Giving, a strong influence on his life. " My intellec­ From 1974-76 and 1985-88 he has served and ultimately, the Law School become the tual training from this Law School is as Chairman of the Philadelphia Crime beneficiaries. transferrable and applicable to everything Prevention Association which runs three Each annual appeal includes more than I do, and in the way that I analyze and think community centers in inner city Philadel­ the usual written request for a gift to the about things." phia serving approximately 10,000 clients Law School; statistical analysis of the class' Mr. Stopford's legal career has centered through a variety of social programs. For a giving with names of gift club members and on personal injury litigation. After gradu­ number of years, Mr. Stopford has been a announcement of the new school records ation, Mr. Stopford worked for a large tutor for the Delaware County Literacy set by the Class of 1969. It also includes a Philadelphia law firm. After four months, Council teaching adults to read. But per­ newsy account of the personal accomplish­ he knew it was not for him, and then clerked haps most notable among Mr. Stopford's ments of classmates during the past year. for Judge Francis L. VanDusen. Toward commitments is his dedication to the Law Stopford's future plans involve his out­ the end of the clerkship, Mr. Stopford School through his work as Class Agent for door hobbies. Of his two lifelong goals, one "went to see a trial and happened to hear the Class of 1969 and National Class Agent is becoming less and less a possibiity: James Beasley give a closing speech. It was Chairman. He finds his work to be very "breaking 80 on a golf course." The second just exhilarating, mesmerizing." For eight enjoyable and credits the strength of his goal, once his trial work is down and his two and a half years, he was associated with Class for making this so. He says, "I'll boys are in school, is to go to the Barnes James E. Beasley of Philadelphia, and from continue being a Class Agent. I find it very Foundation for their intensive Horticul­ 1979 to 1983, he was a partner at Litvin, enjoyable because I think we have a tural Course. Stopford will continue doing Blumberg, Matusow and Young, also of fabulous Class." In the past five years while volunteer work, teaching adults to read, and Philadelphia. At both law firms, Stopford's Stopford has been Class Agent, the Class will continue soliciting for his prep school practice was primarily limited to cases of 1969 has been number one in annual and this Law School because he is commit­ involving personal injury. From January giving percentage of participation. ted to them.

POWELL Continued from previous page ment or the hammering out of the terms of "The usefulness of a lawyer greatly a shopping center lease, the lawyer with the depends upon the proper use of Power of Persuasion greater capacities to persuade has a distinct language. Webster believed that 'the Advocacy in court is only one aspect of advantage. single power of clear statement is the the broader qualities lawyers should pos­ The simple fact is that in our profession great power at the bar': This re­ sess: I would emphasize the ability persua­ the ability to use the English language with minder should be hung, on the walls sively to communicate thoughts and facts. brevity, clarity and precision is an asset of of every law school-and for that The average lawyer's daily work is con­ incalculable value. matter-in every lawyer's office. It is cerned with less dramatic forms of persua­ An example of brevity that may amuse true, both in and out of the court­ sion than arguing before an appellate court. you is a story attributed to Judge Murdock, room. Indeed, it also is true of the Even the trial lawyer will spend more then on the Tax Court, who cited the bench." time with the written word or in negotia­ following as an example of ideal brevity: When I was last here at the University tions than in oral arguments to a court or "The taxpayer simply testified: 'As of Pennsylvania Law School I sat on a moot jury. Far more cases are settled than are God is my judge, I do not owe this tax.' court. Your law school is widely recognized tried. The presentation-oral and written-of Judge Murdock replied: 'God is not your as one of the best in our country. You have settlement proposals and counter proposals judge. I am. You do owe your tax'." honored me by the invitation to give the is itself an exacting form of advocacy. I conclude by quoting John W. Davis, Irving Segal Lecture. My hope is that each The "power of persuasion" also is almost certainly one of the greatest American of you will learn and practice the great as important to the office practitioner as it lawyers of all time. He spoke of the use of power of persuasion. Jll is to the trial lawyer. Whether it be the language as follows: negotiation of a divorce settlement agree-

15 p E N N L A w p E 0 p L E

grow. As he says: "Lawyers and clients are Gilbert Harrison '65 was quoted in the becoming more aware that they can resort Wall Street Journal on September 16 in to malpractice to recover rights that should reference to the buyout of the Zayre Corp. have been gained with proper representa­ by Ames Department Stores for $800 tion. There's no longer an unwritten code million, creating the third largest cut-price that lawyers should protect each other. retailer in the U.S. Mr. Harrison is an That code has gone by the board." investment banker at Shearson Lehman Jeffrey R. Chodorow '75 was featured Hutton and represents a client who is a by the Philadelphia Inquirer in a September large shareholder in the Zayre Corp. Mr. 19 article entitled "Dealmaker writes His Harrison remarked that the Ames purchase Own Ticket." The article discusses Mr. will create an opportunity for Ames to save Chodorow's successful climb to the top of money through consolidating management, the real estate business as president of merchandising and distribution functions. Commercial Properties and later Core­ Benjamin Lerner '65, Philadelphia Pub­ Group. Through innovative structuring of lic Defender, was quoted in the November real estate deals such as sale-leaseback 2 issue of The Legal Intelligencer concerning agreements with K-Mart and Walmart, Mr. the Supreme Court's pending decision on Chodorow and his partners have amassed the rights of death-row prisoners to state­ a fortune. This innovative deal structuring paid attorneys. According to Mr. Lerner, Professor Regina Austin '73 was quoted ability proved essential in his recent acquisi­ "If the court holds that states don't have in the October 24 issue of the National Law tion of Braniff Airlines for $105 million. The to pay, it's easy to foresee situations where Journal on the topic of faculty scholarship Inquirer calls him "the hottest Philadelphia defendants, even innocent defendants, will in traditional versus non-traditional areas. lawyer since Paul Newman - and one of the be executed without ever having the oppor­ Professor Austin, who has been doing work city's best kept business secrets." tunity to have legal representation and have on teen-age pregnancy and unwed mother­ Also mentioned was Chodorow's attor­ their claims considered by appellate courts." hood from the black-feminist perspective, ney, Fred C. Blume '67. remarked that she is "a lot braver after The Honorable Jack E. Mandel '61 was Lyn Davis, Director of Career Planning tenure" in her research. profiled by the Los Angeles Daily Journal in and Placement, was recently quoted in the Professor Stephen B. Burbank was quoted August of this year. The Superior Court National Law Journal concerning the issue in the July 25 issue of Business Week. judge for California's Orange County, who of "call back" interviews for students has built an impressive record of speedy Professor Burbank remarked that the con­ seeking summer or permanent positions. flict of interest regulations regarding finan­ settlements, pilots a program aimed at cial interests are too strict and argued that Professor Gary Francione participated settling disputes involving family law before some leeway should be given by permitting in an animal rights forum featured in they go to trial. Mandel is in his second judges with very small holdings in a litigant Harper's Magazine in August. The forum, year of heading the program which boasts company to continue to preside over a case. entitled "Just Like Us?" featured Arthur a success rate of 85 to 90 percent and frees He was also quoted in "The Law" section Caplan, the director of the Center for the courts to handle cases that really need Biomedical Ethics at the University of of the Wall Street Journal (10/14/88) in a to be tried. Mandel has also taught various story discussing the 50th anniversary of the Minnesota, Ingrid Newkirk, the national areas of adoption and family law for the enactment of the Federal Rules of Civil director of People for the Ethical Treat­ past six years. Procedure. ment of Animals in Washington, DC and Randy M. Mastro '81 was featured in Glenn Carberry '79 ran as a Republican Roger Goldman, constitutional law scholar the Bernardsville News (8/11/88) and was for the U.S. Congressional election in the and professor at Saint Louis University quoted in the Manhattan Lawyer (10/18/88) New London, Connecticut area. An article School of Law. The forum centered on for his role in prosecuting organized crime some key philosophical questions regarding in a newspaper, The Compass, profiled Mr. as an assistant U.S. Attorney in New York. Carberry on June 29. He opposed four-term animal rights: How should we treat ani­ Mr. Mastro works in the civil division which Congressman Samuel Gejdenson. He is mals? Why do humans have rights and seeks to eliminate Mafia influence from president of the New London firm of other animals not? If animals had rights, organizations and seize illegally obtained what would they be? Professor Francione Dupont, Tobin, Levin & Carberry and vice cash and property. During his tenure at the president of the 700-member Norwich Area was also appointed Chairperson of the U.S. Attorney's office, he has been involved Chamber of Commerce. The author of the ABA Young Lawyers Division Animal in a number of well-publicized organized article, Ernst Kohlsaat, remarked that Mr. Protection Committee. crime cases, the most recent being a suit Professor Douglas N. Frenkel '71 was Carberry "presents the strongest challenge filed last June charging Mafia infiltration quoted in a recently published article in The yet to the incumbent Democrat. This even in the International Brotherhood of Team­ Pennsylvania Lawyer, "When Marketing though Carberry has never held an elective sters. Meets Resistance." Lawyers have tradition­ office." Professor Almarin Phillips was quoted ally been reluctant to "market" their The Honorable Paul M. Chalfin '41 was in the Wall Street Journal (11/14/88) refer­ practices or specialties. Professor Frenkel ence to the private antitrust lawsuit filed featured in an article by the Legal Intelli­ notes that the marketing aspect of law isn't against the Ford Motor Company in federal gencer on June 27. The former Philadelphia often given high priority because lawyers, Common Pleas Judge resigned from the court in Philadelphia. The suit centers in many circles, are still not viewed as around the question of how much evidence bench in 1984 to become one of the "business people." "It [marketing] isn't is required to prove an illegal business organizers and judges of Judicate, a na­ viewed as a particularly important academic conspiracy. The case focuses attention on tional private court system. Mr. Chalfin subject... There's a resistance to the notion an increasing tendency among some federal represents attorneys facing malpractice law­ that we are turning out business people." suits, a field which he feels will continue to judges to view skeptically antitrust charges Continued on page 17

16 r----

MAX H. KAMPELMAN the beginning than to the end of that Continued from page 10 process. of information, freedom of conscience, Alexis de Tocqueville wrote in the Do you need the right to publish, and the right to nineteenth century that "it is especially in legal travel and choose the country in which the conduct of their foreign relations that one wishes to live." democracies appear to be decidedly inferior research The United States negotiates with the to other governments." With that observa­ Soviet Union in that context. We have faith tion in mind, can we achieve the firm sense materials in these principles as we intensify our of purpose, steadiness, and strength that is efforts, through our negotiations, to find a indispensable for effective foreign affairs FAST? basis for understanding, stability, and peace decision making? Can our political commu­ with dignity. To negotiate is risky. It is, in nity resist the temptation of partisan poli­ A photocopy service is available the words of Hubert Humphrey, something tics and institutional rivalry to develop the from the Biddle Law Library. At your like crossing a river while walking on consensus adequate to meet the challenge request we will make copies of mate­ slippery rocks. The possibility of disaster is of de Tocqueville's criticism? rials in our extensive collection and on every side, but it is the way to get across. Abraham Lincoln in his day said that send them to you at a cost and speed The object of our diplomacy and the "America is the last great hope of man­ designed to meet your needs. Within supreme achievement of statesmanship, is kind." It still is. Our political values have 24 hours we will dispatch the material patiently, through negotiation, to pursue helped us build the most dynamic and open or respond to you if we are unable the peace we seek, always recognizing the society in recorded history, a source of to meet your request. Keep our Fee threat to that peace and always protecting inspiration to most of the world. It is a Schedule by your telephone for quick with fully adequate military strength our promise of a better tomorrow for the reference. (For Fee Schedule: see page 8) vital national interests and values. hundreds of millions of people who have For further information call Merle We want our negotiating efforts to never known the gifts of human freedom. Slyhoff, (215) 898-9013, 9:00 a.m. - produce results. We have begun a historic The future lies with liberty, human dignity, 5:00p.m., Monday -Friday. process. With the totalitarian nature of our and democracy. To preserve and expand adversary and the complex issues we face, these values is our special responsibility. however, coupled with our own internal You in this audience cannot escape that political stresses, even with full arms reduc­ burden. I urge you to look upon it as an PENN LAW PEOPLE tion agreements, we will still be nearer to exciting opportunity. Jll Continued from page 16 that conflict with academic models of reasonable economic behavior. Professor BUYOUTS Continued from page 12 Phillips feels that judges, including Su­ miums paid in MBO transactions are opportunity for future profit from the MBO preme Court justices, haven't reached a comparable with the premiums paid in third transaction. The observation that the gains consensus on how much weight to give the party merger transactions. These results from the transaction appear to be split so-called Chicago School economic theo­ should not be surprising: if the board of a evenly between buyer and seller further ries. company considering an MBO proposal has supports the conclusion that, on average, Ernest D. Preate, Jr. '65 was elected an obligation to conduct a fair auction that the process does not unfairly disadvantage Attorney General of the Commonwealth yields stockholders the highest possible selling stockholders. of Pennsylvania in the general election held price, then management will be unable to Any examination of data that focuses November 8. complete an MBO unless it is willing to pay solely on averages overlooks outliers at both Professor Clyde W. Summers was quoted at least as much as competing third party extremes. Thus, just as there are situations in the August 5 issue of the Minneapolis interests. in which MBO purchasers have, in hind­ Labor Review, Waco Labor Journal and Managers might also be suspect if they sight, profited quite handsomely, there are AFL-CIO News in reference to the lawsuit purchased corporations on the basis of also situations in which selling stockholders filed by the Glass, Molders, Pottery & projections that consistently understate the are the ones who made out like bandits, Plastics Workers against Wickes Cos., Inc. future performance of the enterprise. Such because they collected substantial premi­ The suit is for $30 million in damages for evidence would suggest that managers ums while the buyers were stuck with failed the firm's unsuccessful raid of Owens­ might be "badmouthing" their companies transactions. Public policy must, however, Corning Fiberglas Corp. that cost the jobs in order to drive down the price they have be guided by central tendencies, and the of more than 1,000 union members. Profes­ to pay in an MBO. Here, the evidence is data here fail to support the claim that sor Summers agreed that corporate raiding surprising and suggests managers are, on stockholders consistently wind up on the caused serious problems in the workplace average, overly optimistic about their cor­ short end of the stick. and noted that "in a lot of these corporate poration's future performance. Thus, if Before leaving this topic, however, it takeovers, it is frequently the employees anyone is potentially disadvantaged by should be noted that the concern over the who end up getting hurt the most." He management's projections it is the lenders adequacy of premiums stands in sharp cautioned that because "the law doesn't and financiers who may be providing capital conflict with the criticism that MBOs are treat the employees as having any rights" on the basis of an unrealistically rosy dangerous because the high prices paid in the takeover situation, the suit may scenario-assuming, of course, that these induce excessive leverage. Either share­ encounter legal obstacles. investors aren't savvy enough to discount holders are being paid too little or they are Professor Michael L. Wachter and George such overly optimistic projections. being paid too much. Both propositions M. Cohen '86 are co-authors of "The Law The data also suggest that, on average, cannot simultaneously hold true. Critics of and Economics of Collective Bargaining: the gains that result from an MBO transac­ MBO and LBO transactions should there­ An Introduction and Application to the tion tend to be divided evenly between the fore be careful to choose between these Problems of Subcontracting, Partial Clo­ selling stockholders and the management allegations and should, at a minimum, strive sure, and Relocation." Their article ap­ buyout group. No rational bidder will ever for internal consistency in their attacks on peared in the May, 1988 edition of the offer a price so high that he eliminates all MBO and LBO transactions. Jll University of Pennsylvania Law Review. Jll

17 THE FACULTY

James F. Blumstein has joined the faculty as the John M. Olin Visiting Professor of Law. Professor Blumstein comes from Vanderbilt Law School and teaches courses on Health Policy and Law and Land Use Regulation.

Lecturer Marshall Breger '73 served as special assistant to President Reagan and is currently chairman of the Administrative Conference of the United States.

Professor Stephen B. Burbank, reporter of the Third Circuit Task Force on Rule 11, presented the Task Force's draft report to the 1988 Third Circuit Judicial Conference in Princeton, NJ. The Task Force's final report will be published later this year. Professor Burbank also presented a paper at a national confer­ ence marking the fiftieth anniversary of the Federal Rules of Civil Procedure in Boston. The paper, "The Transformation of American Civil Procedure: The Example of Rule 11 " will be published in an issue of the University of Pennsylvania Law Review devoted to the conference. Professor Burbank is also Chair of the University of Pennsylvania's Search Committee for the Meyerson Professorship in Urbanism and a member of the University-wide planning committee concerned with recruitment and retention of faculty. Joseph M. Manko, Chairman of the Environmental Professor Michael Schill has received a research grant Professor Lani Guinier participated in a conference Department at Wolf, Block, Schorr and Sol is-Cohen, from the Mortgage Bankers Association of America on the state of civil rights in the United States at the has joined the faculty as an Adjunct Professor of Law. Education Trust Fund. The subject of the research is French Senate sponsored by the University of Paris on Professor Manko was formerly Regional Counsel for "The Effect of Integration of Capital Markets on Real October 8-9, 1988. Professor Guinier delivered a the Environmental Protection Agency and will conduct Estate Finance Law." lecture on voting rights. a seminar on Environmental Law and Practice. He has authored many articles on the environment and has Professor of Law Emeritus and former director of Algernon Sydney Biddle Professor of Law, Emeritus contributed op-ed articles in the Philadelphia Inquirer Biddle Law Library Richard Sloane has been named George L. Haskins was awarded a 1988 grant by the and Philadelphia News. Director of Mayor Koch's Rules Recodification Project American Council of Learned Societies for research in New York. Professor Sloane and a small staff are on the influence of English local law in the American D.H. Mann has been appointed Professor of Law and recodifying the rules and regulations of City agencies­ colonies of New England. An address on the develop­ History. On October 4, 1988 he presented a paper on Police, Fire, and other agencies whose rules affect the ment of the constitutional doctrine of separation of "Debtors, Creditors, and Republicanism after the public. Publication is expected in Summer 1989. powers, which he delivered earlier in Europe, has now Revolution" at Boston University. Professor Mann has been published in Volume 50 of Recueils de Ia Societe recently joined the editorial board of the Law and Professor Haym Soloveitcbik's current area of research Jean Bodin pour l'Histoire Comparative des Institutions Society Review. is Bankruptcy in Jewish Law. He recently delivered (Paris, 1988). lectures on "History and Religion" at Yeshiva Univer­ Ferdinand Wakeman Hubbell Professor Stephen J. sity and "The Impact of Printing on Jewish Law" at the William A. Schnader Professor of Commercial Law, Morse was invited to address the Commission to Revise University of Illinois at Urbana. He has published Emeritus John Honnold continues with the work that the Mental Health Code of Illinois. Professor Morse Responsa as a Source of Jewish History (Mercaz-Shazar, has led to the adoption by 17 nations (including the was asked to present a speech recommending the 1988) and "Religious Law and Change: A Medieval U.S.) of a convention establishing uniform law for limitation of the proposed expansion of standards for Example" (AJS Review, Fall, 1988). international sales. Four articles about the convention, involuntary civil commitment of mentally disabled based on lectures both here and abroad, are at press, people. He was also named to the permanent study Jefferson B. Fordham Professor of Law Clyde W. and he is finishing proofs for a 900-page documentary group of the John T. and Catherine D. MacArthur Summers presented a lecture at Michigan State history of the convention. Some of his past students at Foundation's Program of Research on Mental Health University on November 17 entitled "Ethics in Union­ Pepper, Hamilton & Scheetz recently persuaded him and Law. The program meets bi-monthly to direct the Management Relations." He participated in a confer­ to be counsel to the firm to assist clients in adjusting foundation's research programs and draws experts from ence at Washington University School of Law in St. to the new law. In his fifth year of retirement, Professor many diverse fields of academia, government and law. Louis entitled " Individual Freedom and Governmental Honnold gives a year-long research seminar on Uni­ Professor Morse delivered the Edward G. Donley Power: 'The State Action' Doctrine of Shelley v. form Law at the Law School and notes that his foreign Memorial Lecture, "Treating Crazy People Less Spe­ Kraemer." The conference was held September 29-30 graduate students "remind me of my U.N. years." cially," at the West Virginia University College of Law. of last year. Professor Summers' article, "Labor Law The lecture was also published in the West Virginia Law As the Century Turns: A Changing of the Guard," Leon Meltzer Professor A. Leo Levin '42 spoke on Review. He is currently completing a book, The appeared in the Nebraska Law Review Vol. 67, p.7 "Uniformity and the Law" at a special seminar Jurisprudence of Craziness, which will be published by (1988). He has recently published a chapter, "Trade attended by over 150 judges of the United States Courts the Oxford University Press. Unions and Their Members," which appears in Civil of Appeals. Professor Levin currently serves as chair Liberties in Conflict, edited by Larry Gostin (1988). of a Twentieth Century Fund Task Force on Judicial Dean and Bernard G. Segal Professor of Law Robert Responsibility. H. Mundheim delivered a lecture to a workshop of the Associate Professor Barbara Bennett Woodhouse serves Delaware Valley Chapter of the American Corporate as the chairperson of the Panel of Constitutional Professor Richard G. Lonsdorf gave a presentation, Counsel Association whose topic was "Board Process Scholars for the Museum of American Constitutional " Ethical and Legal Issues in the AIDS crisis," at the and Corporate Governance." Government at Federal Hall in New York City. The American Psychiatric Association Conference on "The museum is a project sponsored by the National Park Psychiatric Aspects of AIDS." (September 23-24). At Algernon Sydney Biddle Professor of Law Curtis R. Foundation and is designed to offer school children an an American Medical Association conference entitled Reitz '55 currently serves as a member-at-large on the interactive program that dramatizes the workings of the "Confronting the AIDS Plague," Professor Lonsdorf University Senate Executive Committee and the Univer­ Constitution and the role of the First Amendment in presented the topic "Legal Crisis and the AIDS sity's Personnel Benefits Committee. He continues in assuring civil liberties. The museum is scheduled to Quandary." (September 29-30). He presented the issue his role as a member of the Editorial Board of the open in April, 1989. "Decisions to Terminate Life-Sustaining Treatment" University of Pennsylvania Press, and has agreed to at a College of Physicians Conference on "Ethics serve on a program on Joint Venturing Abroad, Committees: Moral Struggle and Strategy in Health sponsored by the ABA Section on International Law Care Institutions." and Practice.

18 '31 The Honorable Herbert S. Levin was recognized for American Bar Association Board of Governors. Mr. phia firm Gilfillan, Gilpin & Brehman and has been a his successful efforts and pro bono services on behalf Apruzzese represents the Third District, composed of member of the Pennsylvania bar since 1958. He has of the Pennsylvania judiciary since his retirement. The Indiana, Maryland and New Jersey. The 33-member been chairman of Philadelphia Bar Association Com­ reception occurred at a regular meeting of the Board board convenes five times a year to oversee association mittees on the Philadelphia magistrates courts, public of Judges of the Common Pleas Court in October. administration and policy implementation. relations and municipal government. An active partici­ '32 Norris Harzenstein has been reappointed as pant in civic and community activities, Judge Russell chairperson of the Third Circuit Advisory Committee, '53 Joseph H. Foster was recently reappointed to his was executive secretary and board member of the which advises and assists national vice presidents in second three year term as a member of the Supreme Committee of 70, chairman of the Philadelphia Com­ connection with the activities of the Federal Bar Court Civil Procedural Rules Committee. He is a mittee on City Policy, treasurer of the Charter Defense Association chapters in Delaware, New Jersey, Penn­ member of the Philadelphia firm of White and Committee, and executive board member of the sylvania and the Virgin Islands. Mr. Harzenstein is a Williams. Citizens Charter Committee. retired FBI supervisor, a past national vice president '54 Jerome B. Apfel, a partner in the Philadelphia firm '58 Jacques H. Geisenberger, Jr. has been selected to for the Third Circuit and a past president of the of Blank, Rome, Comisky & McCauley, was a lecturer assume one of the 375 appointments made by the Philadelphia chapter of the FBA. in a legal education course at Temple University Economics of Law Practice Section Chairman of the '35 J. Pennington Straus has become a member of the entitled, "Estates 1: Estate Planning, Fiduciary Admini­ American Bar Association. The Section, with nearly Consultative Group for the American Law Institute stration and Related Taxes-Basic." The program 22,000 members, is devoted to training lawyers and law Restatement of Trusts. Mr. Straus is a member of the ended December 15. firm administrators to provide legal services more Estates Department of Schnader, Harrison, Segal & '54 Marvin Garfinkel, Chairman of the Real Estate efficiently and at a lower cost to clients. Lewis. He currently serves as chairman of the Joint Department of Mesirov, Gelman, Jaffe, Cramer & '58 Howard 'I Glassman was a panelist at a recent Editorial Board of the Uniform Probate Code. He has Jamieson, was Program Chair of the ALI-ABA Course Pennsylvania Bar Institute seminar on partnerships. served as chair of the Real Property Probate and Trust of Study, "Real Estate Defaults, WorkOuts, and He spoke on the bankruptcy aspects of general and Law Section of the American Bar Association and as Reorganization," held August 18-20 in Coronado, CA. limited partnerships. Mr. Glassman is a partner at president of the American College of Probate Counsel. Mr. Garfinkel is also chair of the Easements, Restric­ Blank, Rome, Comisky & McCauley in Philadelphia. '39 Leon S. Forman has co-authored a book titled, tions and Covenants Committee of the Real Property '58 The Honorable Carolyn E. Thmin was elected Fundamentals of Bankruptcy Law (2nd Ed.), published Division of the American Bar Association. treasurer of the Pennsylvania Conference of State Trial by the ALI-ABA Committee of Continuing Profes­ '55 The Honorable Joseph H. Stanziani has retired Judges at the recent annual meeting in Hershey, PA. sional Education. from service in the Montgomery County, PA court Judge Temin will serve successive offices and succeed '49 The Honorable Louis J. Carter was co-chair of the system after serving on the bench since 1972. Judge to the presidency of the conference in 1993. She is the 7th Jewish Law Day, held in Philadelphia on October Stanziani served as a juvenile administrative judge and first woman to serve as an executive officer. 11. The Jewish Law Day convocations are intended to was active in local and state juvenile court organiza­ '59 David M. Jordan has published his second explore the relationship between the traditions of tions. Montgomery County President Judge William biography entitled Winfield Scott Hancock: A Soldier's Jewish law and the foundations of American jurispru­ W. Vogel '53 remarked that he was a "dedicated, Life (Indiana University Press). The Booklist review dence. Several Penn Law alumni were active on the conscientious judge who did all he could to serve the commented, "Consequently, this comprehensive, well­ planning committee: The Honorable Carolyn E. Temin public and particularly the juvenile field, the young written, and thoroughly researched biography is long '58, The Honorable Marvin R. Halbert '49, Sylvan M. people of this county. I think the people of this county overdue. Jordan's cogent assembling of all the pertinent Cohen '38, Harold Cramer '51 Marlene F. Lachman owe a great debt of gratitude for his service these past facts and sources should appeal to both general readers '70, Charles F. Ludwig '56, Mitchell E. Panzer '40 and 17 or 18 years." and scholars." Joan P. Wohl '54. '56 Harris Ominsky has been awarded a Tweed Special '59 John J . Lombard, Jr. was recently re-elected to a '50 Charles C. Hileman has become a Fellow of the Merit Award by the American Law Institute-American second one year term as director of the Probate American College of Trial Lawyers. The induction Bar Association Committee on Continuing Professional Division of the American Bar Association's Section of ceremony took place during the recent annual banquet Education. A senior partner and co-chair of the Real Real Property, Probate and Trust Law. Mr. Lombard of the ACTL in Toronto, Ontario. Mr. Hileman is a Estate Division of Blank, Rome, Comisky & McCauley, is the manager of Morgan, Lewis & Bockius' Personal partner with Schnader, Harrison, Segal & Lewis, and Mr. Ominsky was one of three lawyers nationwide to Law Section which handles estate and trust administra­ has been practicing in Philadelphia for 35 years. He is receive this prestigious award. The award was for his tion. a member of the Litigation and Tort and Insurance active involvement over many years, both in the Practice sections of the American Bar Association and creation of specific programs and long-range educa­ '60 The Honorable Richard S. Hyland has returned a former president of the Philadelphia Association of tional planning. He currently serves as vice president to the private practice of law as counsel to the Cherry Defense Counsel. of the board of directors of the Pennsylvania Bar Hill, NJ firm of Myers, Matteo, Rabil, Norcross & Institute, the education arm of the Pennsylvania Bar Landgraf. He served for ten years on the Superior '50 The Honorable D. Donald Jamieson was recently Association. Court of New Jersey. His practice is concentrated in reappointed as the State Representative to the Lawyers the areas of trials, appeals and alternative dispute Conference of the ABA Judicial Administration Divi­ '56 Professor Alan Miles Ruben has been appointed resolution. sion. Mr. Jamieson is a senior partner in the Philadel­ Visiting Professor of Law at FuDan University in phia firm of Mesirov, Gelman, Jaffe, Cramer & Shanghai, People's Republic of China. He will be '61 Richard L. Krzyzanowski has been appointed Vice Jamieson and chairman of the Litigation Department. teaching corporate law and advising with respect to the President, Secretary and General Counsel of the He is a former president judge of the Court of Common development of private enterprise regulations. Crown, Cork & Seal Company in Philadelphia. Pleas for the City of Philadelphia and a former '56 The Honorable Dolores K. Sloviter and Walter S. '62 Warren J. Kauffman has become co-managing president of the Citizens Crime Commission of Phila­ Batty '70, chief of the Appellate Section for the U.S. partner of the law firm of Abrahams, Loewenstein, delphia. Attorney's Office in Philadelphia, presided over the Bushman & Kauffman in Philadelphia. '51 George J. Hauptfuhrer, Jr., the chairman of the firm Third Circuit Admissions Ceremony. The ceremony '63 Gerald M. Levin has been elected to the board of of Dechert, Price & Rhoads in Philadelphia, was was sponsored by the Young Lawyers Division of the directors and named Vice Chairman of Time, Inc. Mr. recently elected to serve on the board of trustees of the Philadelphia Chapter of the Federal Bar Association. Levin is Time's chief strategist and is in charge of the American College, the nation's oldest and largest '57 John W. Dean, m has been re-elected to serve on company's financial, legal, public and governmental academic institution devoted exclusively to financial the board of directors of the Shrine of North America. affairs, and human resources. He has been an executive services. Active in community and civic affairs, Mr. The 825,000 member fraternity founded and continues vice president since 1984, and has been with the Hauptfuhrer is counsel and trustee of the Abington to operate the 22 Shriners Hospitals for Crippled company since 1972. Memorial Hospital and a trustee of the Princess Grace Children. Mr. Dean is a counsel to the firm of Howland, Foundation. Hess, Guinem, and Torpey in suburban Philadelphia. '63 David H. Marion has become a Fellow of the American College of Trial Lawyers. A partner in the '52 John Rogers Carroll has been elected to the board He is also president of J.W. Dean & Son, a funeral Philadelphia firm of Montgomery, McCracken, Walker of directors of the Eagleville Hospital located in service firm his family has operated for four genera­ & Rhoads, Mr. Marion has been a trial attorney for 24 Montgomery County, PA. tions. years. '53 Vincent J. Apruzzese, senior partner in the '57 Edward E. Russell was sworn in as a judge of the Springfield, NJ, law firm of Apruzzese, McDermott, Philadelphia Court of Common Pleas on June 30. Judge Mastro & Murphy, recently became a member of the Russell was formerly a senior partner in the Philadel-

19 '64 Stephen A. Cozen has been chosen a Fellow of the '67 Stephen J. Cabot's article, "NLRB Proposc;s New '70 WalterS. Batty, Jr., Chief, Apellate Section, U.S. American College of Trial Lawyers. Mr. Cozen has Rules For Hospital Bargaining Units," appeared in the Attorney's Office was a panelist at a mini-seminar practiced law in Philadelphia for 24 years, and is a October issue of Lawyer's Digest. entitled "Grand Jury Subpoenas For Records Produc­ partner in the firm of Cozen & O'Connor. He is the '67 James B. Leonard is the head of the Arlington, tion: The State of the Law After Doe and Braswell. " The current chairman of the Insurance Law Committee of VA office of the U.S. Department of Labor. His office seminar was presented by the Criminal Law Section ofl4 the Defense Research Institute, the current vice handles most of the trial litigation of the U.S. Labor the Federal Bar Association on September 28. Ian chairman of the Property Insurance Committee of the Department in Virginia, West Virginia and the District Comisky '74 of Blank, Rome, Comisky & McCauley ABA and vice president of the Federation of Insurance of Columbia. was also a panelist. and Corporate Counsel. '67 John W. Nields, Jr. participated in a conference at '70 Henry J. Lunardi was Chair of the Philadelphia Bar '64 H. Robert Fiebach, a columnist for Lawyer's Digest, Harvard Law School entitled: "The Constitution in Association's 30th annual Bench-Bar Conference Ex­ published an article in the October issue entitled Crisis: Covert Action and the National Security Act of position, held at the Grand Hyatt Hotel in Washington, "Should Lawyers Be Permitted to Reveal Client 1947." The conference was sponsored by the Law DC from September 29- October 2. This was the first Confidences in Defense Against Non-Client Claims?" School Civil Liberties Union, the National Emergency time in its 186 year history that the PBA convened in '64 Robert G. Fuller, Jr. and a partner from the firm, Civil Liberties Committee, and Boston Area SANE­ Washington, DC. Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Freeze Canvass. '70 William J. Nutt has been named Vice Chairman of were recently appointed by the Maine Bar Association the Board of Directors of the Boston Company. to represent the association on the Supreme Judicial '67 Dennis H. Replansky was a speaker at the National Second Mortgage Association's Lawyer Conference on Formerly a senior executive vice president, Mr. Nutt Court Plan and Design Committee. The group has been was also named Vice Chairman of the Boston Com­ established by the Maine Legislature to hire a court October 7 in New Orleans. Mr. Replansky's presenta­ tion, "Lender's Liability" offered practical guidance to pany's principal subsidiary, Boston Safe Deposit and planner and to conduct a design competition for a Trust Company. The Boston Company is a wholly­ building to house Maine's Supreme Judicial Court. lenders on how to extend and collect credit without subjecting themselves to potential liability claims from owned subsidiary of Shearson Lehman Hutton, Inc., '64 Francis J. Moran has been elected president of the customers. Mr. Replansky is co-chairman of the an American Express company. Brehon Law Society. He previously served as vice Financial Services Department of Blank, Rome, Comi­ '71 Kirk Q. Jenne has been appointed Vice President president of the Society, which is located in downtown sky & McCauley and a member of the firm 's Manage­ and General Counsel at Burle Industries, Inc., formerly Philadelphia. ment Committee. RCA's New Products Division. Mr. Jenne will manage '64 Herbert F. Schwartz's monograph entitled " Patent '67 William V. Strauss addressed a National Real corporate legal affairs and report directly to the Law and Practice" was recently published by the Estate Development Center conference in June in president and chief executive officer. He and his family Federal Judicial Center. Washington, DC on new regulatory developments will reside in Lancaster, PA. '65 Robert H. Greenwood was elected as administrative affecting FHA projects. A senior partner of Strauss & '71 John C.S. Kepner was the course planner for the vice president of the New Jersey Chamber Music Troy in Cincinnati, Mr. Strauss is a member of the Pennsylvania Bar Institute course "Mergers, Acquisi­ Society. He is a partner in the firm of Greenwood, firm's governing board and chairman of its real estate tions and Affiliations of Health Care Institutions" on Young, Parshis, Dimiero & Sayovitz. department and management committee. October 6. Mr. Kepner is a member of the Philadelphia firm Saul, Ewing, Remick & Saul. William A. Humenuk '65 James W. Jennings has been nominated as treasurer '67 Dennis R. Suplee is co-author of a new book for lawyers, titled "The Deposition Handbook: Strategies, '67 of Dechert, Price & Rhoads is among the faculty of the Section on Corporation, Banking and Business members. Law of the Philadelphia Bar Association. Other Penn Tactics and Mechanics." The book covers all aspects Law alumni nominated for positions include: Dennis of the deposition practice, from the initial decision to '72 Robert C. Heim has been selected a Fellow of the H. Replansky '67, secretary, Joseph L. Lincoln '76, take a deposition to the use of the transcript at trial. American College of Trial Lawyers. A partner in the executive committee, and Joseph P. Flanagan, Jr. '52, Mr. Suplee is a partner in the Philadelphia firm of Philadelphia firm of Dechert, Price & Rhoads, Mr. chair. Mr. Jennings is the assistant manager of the Schnader, Harrison, Segal & Lewis. Heim is the co-chair of the Philadelphia Bar Associa­ Business and Finance section of the Philadelphia firm '68 Lawrence J. Fox has been elected to the council of tion's Judicial Selection and Reform Committee and a of Morgan, Lewis & Bockius, and recently spoke on the American Bar Association's Section of Litigation. member of the House of Delegates of the American planning and developing a mutual fund complex at the The council sets policy for the Litigation Section and Bar Association. Pennsylvania Banker's Association 1988 Trust Confer­ oversees the activities of more than 50 committees '72 E. Ellsworth McMeen, III competed in the National ence in Hershey, PA. Over 400 bankers from around devoted to substantive and procedural areas of law. Fingerpicking Guitar Championship, held in Winfield, the state were in attendance. Mr. Fox will serve a three year term as a member of the KS in September, 1988. There were 30 contestants from '66 James Eiseman, Jr. has been elected chairman of council. across the U.S. and Canada. Mr. McMeen is a partner in the New York City firm of Le Boeuf, Lamb, Leiby the board of trustees of Community Home Health '68 David I. Grunfeld, partner in the Philadelphia firm & Mac Rae. Services, the largest voluntary nonprofit home care of Rosenwald, Pollack and Grunfeld, has been named organization in the Delaware Valley. Mr. Eiseman, a the first editor of a new publication, The Philadelphia '72 F. Michael Wysocki has been appointed to serve as partner with Drinker, Biddle & Reath resides in Bar Association Family Law Section Newsletter. The first chairman of the Nominating Committee of the Real Philadelphia. issue was published last November, and is intended for Property Section of the Philadelphia Bar Association. '66 Caswell 0. Hobbs III, a partner in the Washington, the more than 500 family law practitioners who are He currently serves as vice chair of the Section. members of the Section, the judiciary and court DC office of Morgan, Lewis & Bockius, was elected to '73 Kenneth E. Aaron was a panelist for a seminar on administration, and contains commentary, case analy­ a second term on the Council of the Section of Antitrust creditors' rights held at the American Bar Association sis, book reviews, regular columns, events listings and Law of the American Bar Association. Mr. Hobbs annual meeting in Toronto last August. Mr. Aaron is a other contributions. previously served as the assistant to the chairman and partner in the Philadelphia firm Mesirov, Gelman, director of the Office of Policy Planning and Evaluation '68 Arthur W. Hankin, a partner at the Philadelphia law Jaffe, Cramer & Jamieson and concentrates his in the Federal Trade Commission. firm of Bolger, Picker & Weiner, chaired the joint practices in the areas of bankruptcy proceedings and '66 Edward F. Mannino has been appointed a division summer meeting of the Flying Physicians Association creditors' rights. and the Lawyer Pilots Bar Association in Colorado co-director for the American Bar Association's Litiga­ '73 Edward S.G. Dennis, Jr., Assistant Attorney Springs, CO, August 7-12. The conference was an tion Section. Mr. Mannino, a senior principal in the law General of the Criminal Division, U.S. Department of educational forum which featured nationally known firm of Baskin, Flaherty, Elliott & Mannino, P.C., will Justice, participated in a workshop at "Capitalize '88" aviation experts. oversee the work of 24 committees focusing on the Philadelphia Bar Association's 30th annual confer­ substantive areas of trial law, including antitrust, '68 James R. Redeker conducted a one-day seminar ence and exposition in Washington, DC from Septem­ banking, business torts, products liability and tax on wrongful discharge under Pennsylvania Law. The ber 29 - October 2. litigation. He was recently selected as the course conference was sponsored by the Cambridge Institute. planner for the Pennsylvania Bar Institute's new A partner at Wolf, Block, Schorr & Solis-Cohen, Mr. '73 Roslyn G. Pollack is a member of the Nominating seminar entitled "Lender Liability: Theories and Redeker is a nationally recognized specialist on many Committee of the Philadelphia Bar Association. Other Practice." At a joint American and Canadian Bar phases of labor relations. He has appeared frequently Penn Law alumni on the committee include Seymour Conference, he gave an address on Advanced Advocacy on television and radio as a featured labor commenta­ Kurland '57, chairman, Peter Hearn '61, and Gilbert F. Skills and the use of alternative dispute resolution tor, and has addressed business and professional groups Casellas '77. techniques in complex commercial litigation. around the country. '73 Peter C. Nelson was appointed by the mayor of '66 Joel D. Siegel, a partner in the Roseland, NJ law '69 Richard S. Paul has been elected a vice president Rochester, NY as the city's representative to the board firm of Orloff, Lowenbach, Stifelman & Siegel, has and was named general counsel of Xerox Corporation, of the Western Regional Off-Track Betting Corpora­ been elected to the Board of Directors of KCS Group, effective January 1, 1989. Mr. Paul joined Xerox in tion. Inc. Mr. Siegel is also a director of National State Bank 1976 as a senior attorney. He became counsel for in Elizabeth, NJ and its parent corporation, Constella­ Rochester-based operations in 1979 and an associate tion Bancorp. general counsel at corporate headquarters in Stamford, Continued on page 21 CT in 1980.

20 ALUMNI BRIEFS Continued from page 20 '74 Michael 1: Everett was recently named Senior Vice responsibility for political action and professional '81 Jean-Michel Thrrier and his wife, Consuela, President and Chief Administrative Officer of Ray­ interest programs. In 1985 he traveled to the U.S.S.R. announce the birth of their first child, Vanessa, born chem Corporation, a California-based materials science to meet with refuseniks. He is also vice president and October 8, 1987. Mr. Terrier is working with Banque company with annual sales of approximately $1.1 general counsel of Kravco Company, one of the nation's Nationale de Paris in New York City as deputy to the billion. Mr. Everett joined Raychem in 1987 as a vice largest shopping center management firms. chief credit officer for the bank's Eastern U.S. network. president and general counsel after 13 years of private '77 Robert D. Lane was a principal speaker at a full-day '81 Catherine Votaw was the guest speaker at naturali­ law practice in New York, Hong Kong and San seminar on "Zoning Law and Practice in Philadelphia" zation ceremonies sponsored by the Philadelphia Bar Francisco. which was presented by the Pennsylvania Bar Institute Association on June 8. Ms. Votaw has been Assistant '74 Susan Katz Hoffman has joined Pepper, Hamilton on November 9. As a member of the Real Estate U.S. Attorney for the Eastern District of Pennsylvania & Scheetz as a partner in the Philadelphia office. Ms. Department of Fox, Rothschild, O'Brien & Frankel, since 1984. Her work in the Civil Division involves Hoffman chairs the firm's Employee Benefits Practice Mr. Lane has extensive experience in zoning, land use handling fraud, environmental, torts and employment Group. Her practice is concentrated in employee planning and other real estate matters. He presently discrimination matters. benefits law and ERISA, including representative of serves as the program chair of the Philadelphia Bar management trustees, employers and plan administra­ Association's Real Property Section and is an ap­ '82 Eckart Putzier, LL.M. has joined the law firm of tors with respect to corporate, pension and welfare pointee to the Philadelphia City Planning Commission's Westphal & Voges in Hamburg, West Germany. Mr. plans and to multiemployer pension plans. Presently, Advisory Committee for Center City Zoning. Putzier practices in the areas of foreign trade law, she chairs the subcommittee on multiemployer plans international private law and E.E.C. law. '77 Edward J. Lentz is a senior partner at Fitzpatrick, for the Employee Benefits Committee of the ABA Tax Lentz & Bubba, a newly formed partnership located in '82 Joseph C. Reid has joined the White Plains, NY law Section. Allentown, PA. Mr. Lentz concentrates in the areas of firm of Cooper & Kenny. '74 David B. Pudlin has been named Chairperson for estate planning, taxation and closely-held corporate '82 Linda J. Sarazen is currently an associate with the the 1988 Fall Luncheon Lecture Series sponsored by matters. New York City office of Nixon, Hargrave, Devans & the Tax Section of the Philadelphia Bar Association in '77 David F. Simon, of Wolf, Block, Schorr & Doyle, specializing in corporate acquisitions, leveraged cooperation with the the PI CPA Foundation for Solis-Cohen, was the course planner for the Pennsylva­ buyouts and finance. Education and Research. Mr. Pudlin is serving his nia Bar Institute-sponsored course "Computer Law," second two-year term as a member of the governing '82 Jack R. Weiner has joined the New York firm of held in Philadelphia on October 7. The course was council of ihe Tax Section, and is editor-in-chief of the Carro, Span bock, Kaster & Cuiffo as an associate in the designed for both computer law specialists and lawyers Corporate Department specializing in mergers and Tax Section Newsletter, which is distributed to more who represent users or vendors of computer software than 600 tax attorneys and IRS officials in the acquisitions, general corporate transactions and securi­ and hardware. Among the faculty for the course were: Philadelphia region. ties law. Mark H. Biddle '78 of Dechert, Price & Rhoads and '74 Manuel Sanchez announces that his firm, Sanchez Tristram R. Fall, III '85 of Wolf, Block, Schorr & '83 Edward K. Black is pleased to announce the and Daniels, has been selected by the American Bar Sol is-Cohen. formation of the partnership Moloney & Black. The Association as one of 20 firms nationwide to participate firm is located in Louisville, KY. '78 Andrew Branz and his wife Nancy announce the in a Minority Demonstration Program sponsored by birth of their son, Jeffrey Isaac, on July 8. Mr. Branz is '83 Elaine Lustig has become a member of the Los 11 Fortune 500 companies. The 11 corporations have a member of the Boston, MA firm of Topkins, Gaffin Angeles firm of Rutter, O'Sullivan, Greene & Hobbs. agreed to refer legal work to the 20 firms to & Krattenmaker. She now resides in Santa Monica, California. demonstrate that minority law firms can provide the same quality of legal service and cost effectiveness as '78 Professor David I. Levine of the University of '83 Marc J. Manderscheid and his wife Kathy are the corporations routinely demand of their outside California, Hastings College of the Law, will become pleased to announce the newest member of their counsel. the Associate Academic Dean on June 1, 1989. He is "firm. " August James was born October 5, 1988 at St. the co-author of Civil Procedure in California: State and Joseph's Hospital in St. Paul, MN. August is the '74 Roy H. Wepner is a partner at Lerner, David, Federal (West Publishing Co.), which will be published Manderscheids' second child. Littenberg, Krumholz & Mentlik in Westfield, NJ . His in the near future. article, "The Patent Invalidity/Infringement Parallel: '83 Kemp C. Scales joined the law firm of Culbertson, Symmetry or Semantics?" was published in the Fall '79 Thomas R. Andrews is a member of the faculty of Weiss, Schetroma & Shug. Mr. Scales has practiced law 1988 issue of the Dickinson Law Review. the University of Washington School of Law. in his hometown of Titusville, PA since 1983. '75 William L. Phillips handles transportation and real '79 Elizabeth G.E.M. Bloemen is manager of the '84 Greg V. Fallick has become associated with the firm estate legal matters as a sole practitioner in Chicago. General Affairs Department of the Municipality of of Schnader, Harrison, Segal & Lewis in Philadelphia. His son Chad was born in June, 1987. Enschede in the Netherlands. This department covers Mr. Fallick will be working in the Litigation Depart­ legal affairs, public relations, health, senior citizens and ment. '76 James A. Backstrom published an article in the minority affairs. '84 David A.B. Jallah is a member of the faculty of the Summer 1988 issue of the Corporate Criminal Liability Louise Arthur Grimes School of Law in Liberia. Reporter entitled "Agents in Your Files: The Search '80 George W. Croner has become associated with Warrant." Kahn, Savett, Klein & Graf in Philadelphia. Mr. Croner '84 Patrick W. Kelley, a commander in the Judge comes to the firm from the National Security Agency, Advocate General's Corps, U.S. Navy, has assumed '76 Nancy J. Bregstein has become counsel in the where he served in the Office of General Counsel. A command of the Naval Legal Service Office at the Philadelphia office of Dechert, Price & Rhoads. She lieutenant commander in the United States Navy, he Naval Submarine Base in New London, cr. practices in the area of appellate litigation, and was previously in the office of the Navy Judge Advocate previously served as a law clerk for Justice Lewis F. General and was assigned to the Philadelphia U.S. '84 Koji Nagao, LL.M. has returned to Tokyo and the Powell, Jr. and as a member of the firm of Shea & Attorney's office as a Special Assistant U.S. Attorney. Investment Banking Department of the Sumitomo Gardner in Washington D.C. Bank. His new position is Assistant Manager, and he '80 Kit Kin ports is a member of the faculty of the works mainly in the area of mergers and acquisitions. '76 Wendella P. Fox has become a member of the University of Illinois College of Law. Philadelphia firm of Mylotte, David & Fitzpatrick. Ms. '84 Thomas K. Pasch has become associated with the Fox was formerly Deputy Chief of Counsel, Depart­ '80 Elaine N. Moranz has been promoted to partner firm of Hoyle, Morris & Kerr in Philadelphia. ment of Labor & Industry of Pennsylvania and is the in the law firm of Fox, Rothschild, O'Brien & Frankel, present chair of the Zoning Board of Adjustment of which has offices in Philadelphia and Princeton. '85 Victor H. Boyajian became engaged to Lynn Philadelphia She will concentrate her practice in public Ciolino, Esquire. Mr. Boyajian is associated with the '80 Mark Weldon has been elected to partnership in New Jersey firm of Sills, Cummis, Zuckerman, Radin, and private finance, labor and real estate law. the firm DeForest & Duer in New York. He has been Tischman, Epstein & Gross where he practices in the '76 Jeffrey I. Pasek served on the faculty of the 17th associated with the firm since 1982, and practices in the areas of Securities and Corporation Law. annual Dickinson Forum, a continuing education area of health law. program held at the Dickinson School of Law on '85 Kathleen P. Dority has been named associate in the '81 Jose Tomas Blanco, LL.M., a partner at Rodriguez, Los Angeles firm of Levy & Normington. Ms. Dority October 28 & 29. Mr. Pasek is a member of the Sucre, Blanco & Torres, announces the opening of the Philadelphia firm of Cohen, Shapiro, Polisher, Shiekman was previously with Sheppard, Mullin, Richter & firm's new offices in Caracas, Venezuela. In addition Hampton. & Cohen. to a general practice, the firm specializes in interna­ '77 Gilbert F. Casellas has been selected Citizen of the tional, corporate, tax and administrative law and '85 Alan S. Forman has joined the Estates and Trusts Year by the Puerto Rican Week Festival Committee. foreign investments. Department at the Philadelphia law firm of Montgom­ ery, McCracken, Walker & Rhoads in Philadelphia. The Honorable Nelson A. Diaz, president of the '81 Philip R. Recht was made a partner in the Los committee, cited Mr. Casellas' " national visibility and Angeles firm of Manatt, Phelps, Rothenberg & Phillips. '85 William Kirwan was named a partner in the public promotion of Hispanics in the legal profession as well He practices in the areas of litigation, administrative, accounting firm of Messersmith, St. Clair, Patton & as [his J pro bono work for the Hispanic community is health and election law. Mr. Recht recently served on Maczees in Pottsville, PA. Mr. Kirwan's specialization without comparison in Philadelphia." the Platform Committee of the California Democratic is tax law, and he is the partner in charge of the Tax Department. '77 Lewis Gantman has been elected co-chairperson Committee and was a delegate at the Democratic National Convention last year. of the Soviet Jewry Council of the Jewish Community Continued on page 22 Relations Council. Mr. Gantman is charged with

21 THE CALENDAR

FEBRUARY Thursday, March 16 Wednesday, May 10 Monday, February 6 Law Annual Giving Alumni Law Alumni Society Cocktail The Gruss Public lecture - Phonathon Reception - Pennsylvania Bar Professor Haym Soloveitchik APRIL Association - Hershey Wednesday, February 8 Wednesday, May 17 The Gruss Public lecture - Thesday, April4 Law School Overseers Meeting Washington, DC Annual Alumni Professor Haym Soloveitchik Luncheon in connection with the Thursday, February 9 Wednesday, April 12 ALI meeting Los Angeles Alumni Dinner - Alumnae Workshop Saturday, May 20 Professor Harry Gutman, Speaker Thesday, April18 Law Alumni Quinquennial Class Marshall Rutter, L'59, Host Law Alumni Society's Annual Parties and Open House at the Monday, February 13 Meeting. Law Alumni Day Law School for Reunion Classes. The Gruss Public lecture - Cocktail Reception and Dinner. Monday, May 22 Annual Giving Evaluation Professor Haym Soloveitchik Commencement Meeting Friday, February 24 Wednesday, April 26 JUNE Basketball Supper and Game for Boston Alumni Lunch Annual Giving Volunteers Wednesday, June 7 Friday, April 28 Law Alumni Society Board of Thesday, February 28 New York BFS Reception Managers Meeting Irving R. Segal lecture: Ron Olson, Esq. MAY Wednesday, June 14 New York Alumni Chapter. Spring MARCH Saturday, May 6 Reception and Dinner - NYC Law Alumni Society sponsored Princeton Club Wednesday, March 15 third-year student party. Law Annual Giving Alumni Thursday, June 22 Phonathon Friday, June 23 Board of Trustees Meeting IN MEMORIAM

'10 Richard E. Kobo '30 R. Rutledge Slattery '32 Joseph D. Calhoun '34 Basil A. Shorb '39 Nicholas E. Lettieri West Orange, NJ Philadelphia, PA Newton Square, PA York, PA Dunmore, PA July 24, 1988 July 18, 1988 July 7, 1988 July 19, 1988 June 30, 1988 '18 Ernest N. Votaw '30 Samuel H. Torchia '32 Nathan Rosbrow '37 Lawrence M. Bregy '39 W. Frazier Scott Philadelphia, PA Morton, PA Wilmington, DE Scituate, MA Westport, Cf September 8, 1988 July 7, 1988 September 23, 1988 November 12, 1988 '50 Russell Kowalyshyn '23 The Honorable George W. Griffith '30 W. Wycliff Walton '34 J. Horace Churchman '38 H. Arthur Smith, Jr. Northampton, PA Ebensburg, PA Gladwyne, PA Lafayette Hill, PA Pennington, NJ April17, 1988 June 26, 1988 September 11, 1988 August, 1988 June 27, 1988 '62 William J. Davies '28 Thomas R. MacFarland, Jr. '31 Abraham J. Levinson '34 William '[ Shappell '39 Philip A. Bregy Media, PA Fort Washington, PA Philadelphia, PA Norfolk, VA Plymouth Meeting, PA May 27, 1988 May 27, 1988 July 8, 1988 September 1, 1988 June, 1988 '64 Wallace A. Murray Wayne, PA April 22, 1988

ALUMNI BRIEFS Continued from page 21 '85 Massimo Manfredonia has become a partner of the '86 Robert A. Glen is pleased to announce the birth of corporate and securities law and has served as a law law firm of Ughi e Nunziante in Rome, Italy. daughter Elizabeth Anne, born February 20, 1988. Mr. clerk to the Honorable Daniel H. Huyett, 3rd, U.S. Glen is a member of the Wilmington, DE firm of District Court for the Eastern District of Pennsylvania. '85 Gary A. Miller has become associated with Hangley, Skadden, Arps, Slate, Meagher & Flom. Connolly, Epstein, Chicco, Foxman & Ewing in '87 Kenneth J. Wilbur has written "Wrongful Dis­ Philadelphia. He practices in the areas of corporate and '86 Dr. Edward B. Shils is the Director- Emeritus of charge of Attorneys: A Cause of Action to Further securities law. the Snider Entrepreneurial Center at the Wharton Professional Responsibility," which was published School 2nd George W. Taylor Professor of Entrepre­ recently in Dickinson Law Review. '85 l.orella Puglielli Struzzi married Peter H. Struzzi neurial Studies at Wharton. He was named to the post '88 Luis Corchado has become associated with the '85 on April 16, 1988 in Rocky Hill, cr. Lorella is now of judicial administrator of the University of Pennsylva­ an associate with the Stamford, office of Winthrop, Denver based law firm of Davis, Graham & Stubbs. cr nia in 1986 and practices law as a counsel to Lewis & Stimson, Putnam & Roberts. Sarner in Philadelphia. '88 David Kurland and his wife, Dr. Chaya Herzberg, '86 Thayer Adams has joined the Montgomery County, are proud to announce the birth of their son Benjamin '87 Cheryl Ann Croteau has become a member of Seth, who was born on October 9, 1988. PA firm of Timoney, Knox, Hasson & Weand. She Buchalter, Nemer, Fields and Younger in Los Angeles. enjoys civil litigation and remarks, " It's fun to practice '88 Daniel A. Perry has joined the Philadelphia office '87 Peter D. Guattery and Grace Su Yun Chang, LL.M. law! " of Dilworth, Paxson, Kalish & Kauffman as an '86 were married September 17, 1988 in Baltimore, '86 Robert Cordero ran as a Democrat for Congress in associate. Mr. Perry resides in the University City Maryland. the 1Oth Congressional District of Pennsylvania. Mr. section of Philadelphia. '87 Jon Landsman is a litigation associate at the firm Cordero is a Scranton lawyer, the owner and co­ '88 Lynn A. Rosner has been named an associate with of Shea & Gould in New York City. manager of WWAX radio station, and the co-founder the Philadelphia office of Dilworth, Paxson, Kalish & of PERC Products, Ltd. '87 Lisa A. Rapetti has recently joined the Philadelphia Kauffman. She currently resides in Center City Phila­ firm of Hangley, Connolly, Epstein, Chicco, Foxman delphia. & Ewing as an associate. Ms. Rapetti practiced

22 The Law School Board of Overseers Chair Richard M. Dicke, '40 Theodore J. Kozloff, '67 Lipman Redman, '41 Honorable Arlin M. Adams, '47 Howard Gittis, '58 Anthony Lester, Q.C. Gail Sanger, '68 0. Francis Biondi, '58 John G. Harkins, Jr., '58 Edward J. Lewis, '62 Marvin Schwartz, '49 Robert Carswell Professor Geoffrey C. Hazard, Jr. David H. Marion, '63 Bernard G. Segal, '31 J. LeVonne Chambers Honorable A. Leon Higginbotham, Jr. Jane Lang '70 Honorable NormaL. Shapiro, '51 Sylvan M. Cohen, '38 Leon C. Holt, Jr., '51 Honorable Robert N.C. Nix, Jr., '53 Myles H. Tanenbaum, '57 Stephen A. Cozen, '64 William B. Johnson, '43 Samuel F. Pryor, III, '53 Glen A. Tobias, '66 Raymond K. Denworth, Jr., '61 S. Donald Wiley, '53

Law Alumni Society Officers and Managers 1987-88

Officers Thomas Raeburn White, Jr., '36 Illinois J. LeVonne Chambers Stewart R. Dalzell, '69 President, Howard L. Sheeler, '68 Henry T. Reath, '48 Chicago Charles I. Cogut, '73 Judith N. Dean, '62 First Vice-President, Gilbert F. Carroll R. Wetzel, '30 William B. Johnson, '43 Richard M. Dicke, '40 James Eiseman, Jr., '66 Casellas, '77 Harold Cramer, '51 Carol Agin K.ipperman, '65 Charles E. Dorkey, Ill, '73 Lawrence J. Fox, '68 Second Vice-President, William F. Hyland, '49 David H. Nelson, '49 Howard Gittis, '58 John G. Harkins, Jr., '58 Gail Sanger, '68 Joseph P. Flanagan, Jr., '52 E. Ellsworth McMeen, Ill, '72 Honorable Secretary, Jerome B. Apfel, '54 Thomas N. O'Neill, '53 Japan Nancy M. Pierce, '74 A. Leon Higginbotham, Jr. Treasurer, Thomas B. David H. Marion, '63 Tokyo Samuel F. Pryor, Ill, '53 David J. Kaufman, '55 McCabe, Ill, '78 Marshall A. Bernstein, '49 Toshiro Ochi, LL.M. '84 Gail Sanger, '68 Lisa Holzsager Kramer, '70 Bernard M. Borish, '43 Kouji Nagao, LL.M. '84 Jodi Schwartz, '84 Dale P. Levy, '67 E. Barclay Cale, Jr., '62 Marvin Schwartz, '49 David H. Marion, '63 Board of Managers Maine Donald Beckman, '59 Clive S. Cummis,'52 Richard B. Smith, '53 Thomas B. McCabe, Ill, '78 Augusta Glen A. Tobias, '66 Allen J. Model, '80 Lisa Holzsager Kramer, '70 Robert G. Fuller, Jr., '64 Dale P. Levy, '67 Regional Representatives Harvey G. Wolf, '57 Honorable James H. Agger, '61 California Maryland Robert N.C. Nix, Jr., '53 Pennsylvania Helen Pudlin, '74 John N. Ake, Jr., '66 Nonhern California Baltimore Allentown Nancy J. Bregstein, '76 (San Francisco) George E. Golomb,'72 Bernard G. Segal, '31 John F. Dugan, II, '60 Theodore J. Kozloff, '67 James H. Agger, '61 Honorable NormaL. Shapiro, '51 Leon C. Holt, Jr., '51 Lee M. Hymerling, '69 Southern California (Los Angeles) Massachusetts Howard L. Sheeler, '68 Allen J. Model, '80 Douglas C. Conroy, '68 Boston Ambler David S. Shrager, '60 John P. Knox, '53 E. Ellsworth McMeen, Ill, '72 Marshall A. Rutter, '59 William J. Nutt, '71 Robert L. Trescher, '37 Jodi Schwartz, '84 Toni G. Wolfman, '75 Bala Cynwyd Pittsburgh John F. De Podesta, '69 Colorado Myles H. Tanenbaum, '57 John F. Dugan, II, '60 David J. Kaufman, '55 Denver Netherlands (The) Fairless Hills Edward J. Lewis, '62 Mansfield C. Neal, Jr., '64 James J. Sandman, '76 Elizabeth Bloeman, LL.M. '79 Leonard Barkan, '53 George J. Miller, '51 William J. Nutt, '71 Ha!Tisburg Scranton/Wilkes-Ba"e New Jersey Helen Pudlin, '74 Connecticut John W. Carroll, '73 Honorable Atlantic City Marshall A. Rutter, '59 New Haven Francis B. Haas, '51 Ernest D. Preate, Jr., '65 Professor Geoffrey C. Hazard, Jr. Honorable L. Anthony Gibson, '64 King of Prussia Honorable Max Rosenn, '32 David Samson, '65 Lawrence M. Perskie, '49 James J. Sandman, '76 Mansfield C. Neal, Jr.,'64 Delaware Haddonfield Thxas DavidS. Shrager, '60 Media 0. Francis Biondi, '58 Lee M. Hymerling, '69 Houston E. Norman Veasey, '57 Honorable Melvin G. Levy, '50 E. Norman Veasey, '57 Millville No!Tistown John N. Ake, '66 Marvin M. Wodlinger, '60 Ex-Officio Andrew B. Cantor, '64 District of Columbia Newark United Kingdom Lawrence J. Fox, '68, Chair of Morris Gerber '32 Washington Clive S. Cummis, '52 Paoli London Annual Giving Organization John F. De Podesta, '69 William F. Hyland, '49 John Colyer, Q.C. Leonard Barkan, '53, Richard L. Cantor, '59 Jane Lang '70 Roseland Anthony Lester, Q.C. Representative Philadelphia Lipman Redman, '41 David Samson, '65 Honorable Arlin M. Adams, '47 David Pullen to the General Alumni Society B. Charles Ruttenberg, '49 Westfield Jerome B. Apfel, '54 Peter M. Roth, '77 Stewart R. Dalzell, '69, Nancy Gierlich Shaw, '81 Representative Florida Donald Beckman, '59 Vermont Harry B. Begier, '64 to the Board of Directors of the Jacksonville New York Burlington Organized Classes Howard L. Dale, '70 Nancy J. Bregstein, '76 William E. Mikell, '53 Buffalo E. Barclay Cale, Jr., '62 Robert H. Mundheim, Dean Orlando Paul D. Pearson, '64 Gilbert F. Casellas, '77 LL.M.s in the United States Michael P. McMahon, '75 New York City Sylvan M. Cohen, '38 Philadelphia Past Presidents Tampa PaulS. Bschorr, '65 Stephen A. Cozen, '64 David Gitlin, '81 Robert L. Trescher, '37 Edward I. Cutler, '37 Robert Carswell Philip W. Am ram, '27 Richard M. Leisner, '70 James D. Crawford, '62

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