BARrtbn REVIEW

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Students will be notified of their scholarship award by the end of February, 1995.

Deserving candidates should not have a commitment for full-time employment with a salary of more than $30,000 following graduation.

Scholarship candidates must also agree to renounce the scholarship should he! she receive a commitment for full-time employment by May 15, 1995, at greater than $30,000. JURIS • Volume 28 • Winter 1995

Editor-in-Chief Faith D. Slampak

Executive Editor JosephS. Koscinski

MSJtaging Editor Get·ald W. Yanity

Executive Pt·oduction Editor Paul H. Jeges CoverS tory As~istant Production Editor Clifford F. Chin The pervasive pretrial publicity in the 0.]. Simpson case has threatened the football Law Editor Alison Fenlon star's right to a fair trial. Mark D. Stevens examines the media impact on the Simpson case. Articles Editon Tsegaye Beru Glenn E. Camus Page4

Senior Editor Kristin L. Pieseski AJwnui Editor Articles Michael Riffkin

Campus Editor Getting a good job can be tough. Paul H. Jeges Jennifer M. Swistak offers the law student advice on getting that all-important summer job and translating Graphics Editor it into an offer for permanent employment. Joseph H. Keebler Jr. Photo@ir&pby Editors Page 16 Gail L. Brannon Michele A. Forte

Staff Editors Susan M. Fix Colleen Finnegan The Law Dawn K. GuU Tiffany Leroy A woman says "no" to sex. Yet the man who Raphael A. Pearl David M. Seitz did not heed that demand is not guilty of rape. Steve M. Sodine Kristin L. Pieseski details the Pennsylvania Supreme Court's controversial definition. Contt·ibuting Writer~ Mary R. Castelli Erin Lat·abee Page 22 Bmce Ledewitz Mark D. Stevens Amy Zamhot·sky

Business Staff Also Inside ... Aaron J. D.. Luca Todd Kristofik Helen Thompson Editorials ...... 2 Andrea L. Treese Articles ...... 8 Tammie Williams TheLaw...... 20 Production Staff Campus News ...... 24 Carrie J. Dittmar Alumni News ...... 28 ~o.-,;ia M. Nutter Humor...... 33 Photographers Patricia Fisher MRI"y P. M111·ray

Faculty Advillel'll Kenneth Gormley Raymond Sekula Editorials

Duquesne Law and Juris experience key changes eee we are at the start of another Law and the students of Duquesne are just to our alumni. We would like to invite our school year and the weather beginning to reap the benefits. Opportu­ alumni to send any news or stot·ies about H is already changing. Where did nities, both here and abroad, are rapidly themselves or a fdend who is too shy to the summer go, ot· better yet did we even opening as new paths are being blazed. tell (a shy lawyer-Ha! I made a funny! have a summer? Well, I surely could not We, the staff of Juris, believe that if That one should have gone on the humor provide an answer either way. the administration can change (we never page) to help us to get this project started. Mter yeat·s of complaining that school would have thought it was possible) well, Dean Cafardi pried open the doors did not begin until after the Labor Day then so can we. As a result, we have up­ to the vault (I heard that bats Hew out and holiday, and wishing that school would dated the entire magazine. had to dodge the cobwebs) and very gen­ begin in August, this year our pleas were Volume 28 of Juris has a new look, a erously purchased two new Macintosh finally answered. Well, it looks like a case new feel and a new logo. Both the weight PowerBook Duo computers for the Juris of: Being careful what you wi.sh for be­ and the quality of the paper have been office at the request of the staff. cause you might get it! upgraded. Yes, we are boldly marching into the Once August a1·rived, I am sure that ./uris is now being printed on 80 gloss twentieth century (or perhaps we are be­ most of the students felt as I did, that covered stock that will enhance ing dragged; I was never absolutely sure) "next year" would have been a much bet­ the overall presentation of the magazine. and acquil"ing desktop pu bUshing soft­ ter time to implement the new calendar. Many small changes, such as the use of ware that will enhance our pt·oduction Many exciting things have happened bylines, were also made to the magazine's capabilities and give us greater ceeative to both Juris and the Duquesne Univer­ basic format. control. sity School of Law over the past few Once again I would like to congratu­ months. We would like to share those e would like to thank Jim late last year's staff. I do not know how changes with you. Kezman of Cincinnati, Ohio you accomplished everything you did con­ First, Juris earned third place in the W for designing our new cover sidering the equipment (or lack thet·eot) overall magazine category in the student and for donating his time and advice. Jim with which you had to work. division of the American Bar Association's works as a f1·ee-lance graphic designer and national newspaper contest. ]uris has a was a veritable fountain of useful infor­ y the way, I have hea1:d an intet·­ long history of excellence and has won mation on how we could improve the over­ esting rumor. One of out· old many awards over the years. all quality of the magazine without sacri­ B computers is apparently a rare ar­ Congratulations to last year's Editot·­ ficing the integrity of the articles. tifact and the Smithsonian has made an in-Chief, Amy Zamborsky, and the entire We are expanding the alumni news offer to buy it (I told you it belonged in a staff of Volume 27 for doing a wonderful portion of the magazine. A "class notes" museum). Evidently, the offer they made job and continuing the award-winning section is now being planned as a service more than covered the cost of the old h·adition. equipment, enabling the administration to be magnanimous. As I said this is just a he School of Law has just com­ rumoe. pleted its first year under the The School of Law has We would welcome any constructive T tenure of a new administration. ceiticism on our effons or suggestions As some of you are ah·eady aware, Dean effected major changes (good jokes would help) as to how we can Nicholas P. Cafardi implemented many further improve ]uris. Please be kind, as exciting and some long-awaited changes­ in its curriculum, we are law students and not publishers. an all-elective curriculum after the first making nearly all What you see before you is the result year and exams bef01·e Christmas, respec­ of our initial efforts. As the year tively-in the past year. courses after the first progresses, we too will be planning and Additional changes currently are be­ implementing additional changes to the ing planned in a further attempt to im­ year elective. The staff magazine in an effort to continually en­ prove and enhance the existing quality of of the award-winning hance and improve the overall quality and the legal education available at Duquesne. readability of the magazine. For example, our next issue will feature juris magazine also has articles on Duquesne's intemational con­ Sincerely, nections; the School of Law is planning to revamped all facets of offe1· exchange programs with law schools in China, Ireland and Costa Rica. the publication. ~S<--.<-- A new era of legal education is on the Faith D. Slampak expanding horizon here at the School of Editor-In-Chief

2 JURIS Wimer 1995 Opinion

police officer·s the first year, and a higher· percentage in each successive year until federal funds ar·e phased out Crime or completely after year· six. The unavoidable implication of this provision is cities that cannot afford to pay their portion will not Punishment? receive the promised federal funds. The Gl.obe readers were upset. They had supported the crime bill; some had lobbied fo1· its passage. Tbe critics misfired when Yet they wet·e unawarr of this provision and they claimed the media they felt that someone, preferably the media, should have told them. poorly covered the recently Newspapers, magazines, television and rad.io stations do not operate as a public service passed crime hill. Americans to the American people. They are businesses that didn't do their homework. operate to .make a profit. A consequence of that profit motive is that the stories and articles that make it into the headlines are the ones that will By Faith D. Slampak sell copies and attr·act viewers and Listeners. Indecisiveness is a characteristic that,wlli.le The Amel'ican people like to be outraged. I am not proud of, I have definitely honed into Thus, the amount of "'pork barrel spending" an artfor·m. attached to the crime bill received widespread Originally, this article was supposed to attention and the matching concept did not. discuss the $30 .2 billion nime bill Pr·esident The media know their audience. Americans Clinton recently signed into law. My assignment want to •·ead about contt·oversy, not facts. The was to "'peruse the crime bill and discuss the media did their homework; we on the other impact of the legislation" or at least that was hand did not. how my executive editor· interpt·eted my some­ We Live in the age of information. The what vague statement that I would write some­ American people are bombarded daily with a thing about the crime bill. Well Joe, I meant to . deluge of news, statistics, polls and gossip. Now As I attempted to r·esearch the crime bill, I was amazed that we hear of a new information super highway that is going to change most of the articles I found dealt almost exclusively with topics everything and bring us even more information. such as the amount of pork barrel spending attached, what the Unfortunately, Like the Globe readers, most Americans do Black Caucus had or had not done and how the Republicans were not know how to, nor do we wish to shift tht·ough, the ovedoad of tr·ying once again to take a shot at President Clinton. information we already receive daily. Very little was wr·itten, except in genet·alities, about what the Therefore, we per·mit the media to define the issues and to final bill actually contains. I finally realized that the crime bill's determine what the imptH'tant facts of those issues at·e. After the most outstanding feature is that most people were, and are, ill­ fact, we complain that they did not explain to us what effect a informed as to what was signed into law. piece of legislation will actually have on ou•· lives. The most interesting article I read was a story entitled "What The matching concept wa s not a last-minute rider attached did we know and when did we tell it?" in the Boston Globe. quietly onto the bill to gain its passage. Unfortunately, like most The writer discusses the concerns of readers who had voiced meaningful points of a newsworthy issue, it was lost in the drama irritation about another Globe story that ran on the front page of of the legislative bicker-ing with which we were all entranced. the Aug. 27 edition. These r·eadet·s were not upset about the content Once again we allowed the media to sol't through the of the earlier article, but they were upset about when the story information and define the issues for us , rather than take the time wa s published. to do it ourselves. The focal point of the r·eaders' agitation was their perception Once again we are outt·aged after the fact, outraged that the that the press had withheld information and had not kept readet·s media did not do our homework for us with the diligence with informed with timely information. While the belief that the media which we claim we would have done it ourselves. at·e obligated to keep the American people informed is widely held, The important point is not what the media did or did not do, it is wrong. but what we did or did not do. We need to spend less time The Globe r·an the story in controversy the day after the complaining and more time defining what issues are important to passage of the crime bill. The article reported the details of one of us. the least-publicized features of the crime bill-the matching In other words, we need to do our own homework. concept. The ct"i.me bill contains a mandate that requir·es cities to pay Faith D. Slampak is a third-year day student at Duquesn 25 percent of the cost of the much-publicized 100,000 additional Uni-versity School of Law and serves as Editor-in-ChiefofJuris.

Photo by Gail L. Brannon

Wimer 1995 JURIS 3 Cover Sto1~y

Trial by Nielsen? It)s the trial of the century) and the media have covered it like no other murder case in recent memory. Has the publicity tainted jurors and jeopardized OJ. Simpson )s right to a fair trial?

By Mark D. Stevens the criminal justice system should have system often have competing interests in learned from the Sheppard case, an eerie a criminal trial. The media have an obli­ he victim was found in a pool of parallel developed in the Simpson case gation to gather and distribute informa­ blood and her husband was the almost from the start. tion while the courts must protect the T first and only suspect. Meanwhile, The media and public fascination with I"ights of the accused. the investigation and subsequent murder the football Hall of Fame•·'s case began in Sometimes, affording that p•·otection trial prompted intense, unrelenting and an ominous way on June 17,1994. On that to a cl'iminal defendant results in limita­ sensational coverage in the press. evening, America sat spellbound as tions on the information available to the Potential witnesses shared their sto­ Simpson, cloistered in his now-famous public. Various techniques have been em­ .-ies with the media prior to testifying in white Ford Bronco, cruised the Los Ange­ ployed, such as the imposition of gag or­ court, and a live telecast of the prelinu­ les freeways with a contingent of police ders, the closu1·e of heal'ings and the se­ nary hearing was beamed to interested officers in slow pursuit. questration of juries. viewers. Despite the criminal justice system's Some articles about the case were er­ o dramatic was this event. that all built-in precautions, the possibility that roneous, and magazines retouched pho­ major networks broke away from media coverage will taint the criminal pro­ tographs. Potential jurors also were S their regularly scheduled p.-ogram­ cess continues to be very real. Pervasive flooded by daily reports and analyses of ming-including the vastly popular NBA pretl"ial publicity is a concern in the crimi­ the accumulating evidence against the de­ finals-to show the "chase" live. From nal realm because all statements are fair fendant. that point on, daytime television changed game in the media, and it seems as if noth­ While this scenario remarkably re­ from the Young and the Restless to the ing is too prejudicial. sembles the cm..-ent spate of events sur­ People v. Simpson. In other words, the media provide a rounding the most famous criminal pros­ The developing soap opera that has forum in which there are no evidentiary ecution in UnHed States histo1·y-the O.J. become the Simpson case provides an ex­ or p•·ocedm·al rules to inhibit the actions Simpson murder trial-it actually was the cellent vehicle to study the impact of pre­ of the attorneys or the repo•·ters them­ famous murder trial of Dr. Sam Sheppard, trial publicity on the criminal justice sys­ selves. This circumvents the judicial pro­ which later served as the basis for the tele­ tem. cess and can impact a trial in many ways. vision show and movie "The Fugitive." Ever since the Lindbergh Baby kid­ For example, conside•· the actions of The striking similarities between the napping case in the 1930s, courts have both the defense and prosecution in two cases are important because the U.S. struggled with what role the media does Simpson's case. Their abhorrent use of the Supreme Court overturned Sheppard's and should play in eriminal t.-ials. How­ media to manipulate the criminal justice conviction based on the pervasive influ­ ever, recent developments have essentially process has, potentially, tainted the jury ence of the media, which led to a tainted changed the trial forum from the court­ pool. Neither side is innocent; the advo­ criminal process.• house to the headlines and talk shows. cates' actions amount to tampering with Despite the lessons that the media and The media and the crimina] justice the system.

4 JURIS Wimer 1995 The prosecution began its shenani­ Potentially, the tape could have been Recently Judge Ito joked about the gans almost immediately. On the day excluded and its emotional and persuasive media's ability to scoop up new infor·ma­ Simpson was arrested, Los Angeles County value would have been lost. The prosecu­ tion when he said, "I read in the calendar District Attorney Gil Garcetti appeared on tion, though, took the easy way out and section of the paper that there are two new the nationally broadcast "Nightline" pr·o­ forwarded the infor·mation to the press. suspects in the case: Ben & Jerry. " 11 This gram and stated, "\Ve have a man who was This tactic ensured that Simpson was was in response to a media report that a fleeing, and that fact alone, in our portrayed as a spouse abuser·, which un­ still-frozen dish of ice cream was found at mind,[ sic] establishes a consciousness of doubtedly had a negative impact on his the crime scene. guilt. " 2 public image. Further addr·essing the effect of pre­ Several days later, Gar·cetti stated: Ironically, the tapes were released just tr·ial publicity, Judge Ito opted not to re­ "Well, it's not going to shock me if we see hours after prosecutor Marcia Clark was lease pictures of the homicide scene. The an O.J. Simpson, sometime down the road forced to admit in open court that the state photos would "impair Simpson's right to -and it could happen very soon, and it did not find a bloody ski mask at a fair trial" Ito decided. 12 could be months from now-say, 'OK, I Simpson's residence as had been widely Ito continued by explaining that the did do it, but I'm not responsible. "'3 reported.8 One may argue that the pros­ "public display of these items to the news In all, Garcetti had racked up six net­ ecution feared it was losing the public re­ media would inevitably lead to graphic, work television appearances before lations battle and felt that action of some sensationalistic, lurid and prurient de­ Simpson was even arraigned.4 form was necessary to once again gain an scr-iptions-accurate and inaccurate­ upper hand. that would paint mental images in the hile the prosecution was mak­ The media also have exploited the minds of potential jur·or·s that would ing its electronic tour of the 1989 spousal abuse charge against prejudice the right to a fair trial of both W television talk shows, the de­ Simpson to suggest that he had a violent parties. " 13 fense was explaining to the press that Simpson was very depressed and exceed­ ingly emotional, apparently in an effort to gain public sympathy for the sports Shapiro suggests that defense hero. 5 counsel should repeat phrases Other evidence of the defense strat­ egy can be gleaned from an article that suggesting innocence in the hope Robert Shapiro, Simpson's lead defense attorney, authored for The Champion, a that the repetition will make the publication of theN a tiona) Association of Criminal Defense Lawyers. statements as good as fact. Shapiro's piece is entitled "Using the Media to Your Advantage," and it suggests that defense counsel should repeat phrases history and was capable of murdering the Judge Ito's precautions, however, suggesting innocence in the hope that the two victims. Simpson's plea of nolo have been insufficient to reduce the im­ repetition will make the statements as good contendere to a charge of spousal battery9 pact on the jury pool. More than 1,000 as fact. 6 never would have been presented to ju­ persons wer·e summoned as potential ju­ Apar·t fwm the public posturing of rors because in most jurisdictions, this r·ors for the trial, 14 and this large number both sides, the pretrial publicity had an evidence would not be admissible. can be attributed to the need to overcome immediate and substantial impact on the Yet in the venue of the media, every­ the effect of publicity. proceedings themselves. Superior Court thing is fair game as long as it will increase There are many different repercus­ Judge Cecil Mills dismissed the Simpson circulation or garner higher r·atings. And sions pr·etrial publicity has on a jury. The grand jury because it allegedly had been once again, the parties themselves help to first is the possibility that potential juJ"Ors tainted by the release of the now-famous fan the flames that generate a burning in­ would have a pre-formed opinion of the 911 tape in which Nicole Brown Simpson terest in the Simpson case. case. Although most persons would claim is heard being threatened, allegedly by For instance, District Attorney they could put aside any initial conclusions Simpson.1 Garcetti further contaminated the jm·y they may have drawn, the truth is that Regardless of whether this recording pool when he explained that Simpson had their opinions will die hard. will be admitted in the trial, its broadcast received special treatment and.that his Our system is based on a presump­ was prejudicial to Simpson. If the pros­ plea in the spousal abuse case was a ter-­ tion of innocence; but how can that pr·e­ ecution had chosen merely to withhold the r·ible joke.10 sumption remain if we all know the results tape and then present this evidence at Judge Lance Ito, who is presiding over ofthe DNA tests, have heard the 911 tape trial, theeffortsurelywouldhavebeen met the Simpson trial, has recognized the im­ and are aware that Simpson fled arrest by strenuous objections from the defense. pact of the pretrial frenzy on the jury pool. with $10,000, a plane ticket and a disguise?

Winter 1995 JURIS 5 CoverS tOJ)J

Individual opinions have been would have a difficult time remembering tial monetary windfall that is available to formed and even those of us who answer exactly what was introduced thr·ough tes- witnesses, jurors and attorneys demon­ the question "Do you think he's guilty?" ti.mony at trial. strates, in part, the negative impact that with the correct answer of "no, I think It would be especially difficult to dis- sensational coverage can have on the he is innocent until he's proven guilty" cern what the juror learned at trial from criminal justice system. still have been impacted by publicity. that gleaned from pretl'ial press reports. WilJ the prosecution call the employee The confusion surrounding this issue In other words, there is potential for hon- of the cutlery store where Simpson aiJeg­ is evident from a recent USA Today polJ est confusion. edJy pm·chased a stiletto knife? Is the fact of prospective jurors in the Los Angeles Further, there is the possibility that that the employee sold his story dispositive area. Of those surveyed, 52 percent be­ pr·etrial publicity will prompt jurors to of his credibility? The defense will make lieved they could be objective jurors, and eschewtheirownreasoninginfavorofthat it appear· that the motivation was mon- 50 percent believed Simpson can get a fair of some television commentator. etary gain, which will impact the jury. trial. Daily, the airwaves and newspapers In othe•· words, the media frenzy could Yet when asked whether they be­ are filled with "expert" evaluations and be directly responsible for a c•·edibility de­ lieved Simpson was guilty, only 44 per­ conclusionregardingtheday'shappenings. cision the jury will make and could indi­ cent responded they wet·e unsureY Ajnry member who has heard ,for instance, rectly impact the entire pl'Oceedings. In other words, 56 percent of those Leslie Abramson give an evaluation of the In fact, Allen Wattenber·g, the cutlery potential jurors surveyed had reached a police officers' actions on the night of the salesman, explained that he sold his stor·y conclusion on Simpson's guilt or inno­ mm·ders might well defer to her "expert because others were doing it and because cence. How can Simpson receive a fair opinion" and not give the evidence pre- he was being besieged by the press. So t•·ial if 56 percent of the people have de­ sented at trial an unbiased review. Wattenberg decided it was OK to "get cided on his g11ilt or innocence prior to Moreover, the cameras present in the something" for the story. 16 the trial? courtroom can have multiple effects on the As long as witnesses have a financial Another danger of pretrial publicity criminal pr·ocess. By virtueofthegavel-to- stake in "juicing up" their stories to make is the possibility that a juror willr·each a gavel coverage that occurred at least in the them more salable to the media , the•·e is decision on guilt or innocence based on pretrial stage, everyone was able to witness the potentia lfor abuse in the system. information he or she acquired from the the pr·oceedings. With this media frenzy Wattenberg is not the only witness media and not from the criminal t.-ial comes the inevitable public opinion. who was tainted by the media frenzy. A pt·ocess. If the media continue to report There is no doubt that Judge Ito sees key prosecution witness, Jill Shively, told that DNA tests show a positive match be­ to his duties in a just and equitable way. the grand jury that she saw Simpson driv­ tween Simpson and the blood samples However, it is possible that public opin- ing his Fo•·d Bronco throughout his ex­ from the murder scene, can any juror ion can impact a high profile trial. In light wife's neighborhood. She reported that disregard this information if Judge Ito of recent cases .such as the Rodney King Simpson looked agitated. refuses to admit it as evidence? beatings and the Reginald Denny trial, it Unfortunately for the prosecution , Because the courts remain divided is possible that a verdict can be influenced Shively first told her story to the televi­ about the reliability of DNA test results, by public opinion. sion tabloid show Hard Copy for· $5,000. the possibility that the DNA results will In the King and Denny cases, the opin- Once the grand jury was dismissed, the he inadmissable is very real. ion poll came in the form of the civil un- prosecution opted not to put Shively on rest. This is not meant to fault the presid- the stand during the preliminary hearing. 17 owever, trial attomeys know the ing judges o•· juries, but rather to high- The end result was that another po­ futility of having a judge in- lightthepotentialforave•·dictduetopuh- tentialpieceoftheSimpsonpuzzlewasdis­ H struct the jury to disregard some- lie opinions. credited before the defense ever asked a thing that was brought to their attention Excessive media coverage also im- question. dm·ing the course of the trial. Once the pacts proceedings by introducing the pos- Were potential jurors less than bon­ information is planted in the jurors' sibility offame and notoriety. The poten- est during voir dire due to their desire to minds through pretrial ~!"""""!~!"""""!~~~~~~~~~~~~~~~~~~~~~~~~~ sitonthejury'? ltseemsen- puhlicity, there will cer- tirely possible due to the tainly be some effect. After its existence had been potential financial reward That is not to say that that most certainly will jurOI'S would intentionally widely publicized, Clark was come at the close of trial. ' disregard the system's A1·e potential jurors an- framework and consider as forced to acknowledge that swering questions with evidence what they heard thoughts of selling their ex- pt·ior to becoming jurors. llO SUCh mask eXiSted. elusive stories to The Na- The trial is expected to last tiona! Enquirer after the several months; any person trial ends?

6 JURIS Winter 1995 T be S ilnpson Trial

Unquestionably, the most troubling as­ all it was 1·eported to be in the press. ny solution must be based in part pect of the media's coverage has been the Therefo1·e, some may reach the conclusion on the discretion and ethical inaccuracies. Although the fear· of exces­ that the prosecution is not trustworthy. A boundaries that limit an attorney's sive pretrial publicity tainting the jury pool Newspaper articles also suggested that ability to comment on the trial in which is very real, that fear is multiplied when DNA tests proved that a sock found at the the attorney participates. one considers the plethora of media errors. Simpson estate had Nicole Brown The solution must also include self­ The criminal process is equipped with Simpson's blood on it. Judge Ito testily ex­ imposed restrictions by the media. Thes many protections that oper·ate to exclude plained that these reports were inaccurate. t·estrictions must recognize the delicate innuendo, unnamed sources and improp­ Saying he was outraged by the error·, balance that exists in a criminal trial and erly acquired evidence from being intro­ the judge went on to chastise the televi­ ensure that the media will act responsibly duced at the defendant's trial. The system sion station that had aired the story. The with the interest of the accused in mind. is delicately bal.anced to ensure some form irresponsibility of disseminating incorrect This journalistic responsibility bas of justice. reports, Judge Ito said, "causes .me to not been present in the coverage of the wonder about professionalism and ethics" Simpson case. Judge Ito described the nfortunately, the media play by in the news media. 19 impact of pretrial coverage when he said, different rules. Repo1·ters and Both the prosecution and defense " I'm so saturated by the irresponsibility U editors aim to get the "scoop" with­ agreed that the inaccuracies were trouble­ of the media that I'm beyond being out­ out won-ying about getting it right, as long some. Both stated that they were willing to raged [because] I'm almost numb to it at as they get it first. 18 support nearly any action Judge Ito would this point. " 22 As an example, take the charge that take in restricting media 's access in order The age of information has entered Clark, the prosecutor, was at the Simpson to protect Simpson's right to a fair triaJ.2° the cour'thouses of Amel'ica and brought estate prior to the issuance of a search The truth is that there is little that can with it both welcome and unweleome warrant. This allegation was widely re­ be done to restrain the media from cover­ changes. Television cameras are now com­ ported, but, in the end, it was inaccurate. ing a story. Moreover, nothing should be mon in courtrooms, replaeing the age-old The mistake-the time flashing on the done to restrain the press as long as all sketch artists. video camer·a was p.m. not a.m., and thus sides recognize the potential impact sto­ Trials, like sporting events, ar·e Clark's visit to the estate bad occurred late ries that published or aired can have on a broadcast live with periodic interruptions in the day after a warrant had been issued trial's outcome. for attorneys and professors to explain or -was not corrected before the story went The most sel'ious problem develops critique the 1·ecent happenings. Verdicts national. But the damage was done be­ when the competing media, in seareh of a are sometimes nothing mor·e than a na­ cause the possibility of pr:osecntorial im­ "scoop," allow themselves to be manipu­ tional opinion poll. propriety had been raised in the report. lated by the parties who are trying to cir­ Unfortunately for Simpson, Clark Remember the bloody ski mask found cumvent the safegua1·ds of the criminal and the criminal justice system, this trial on the grounds of Simpson's home? After judicial proeess. has been going on since the first broad­ its existence had been widely publicized, Judge Ito recently commented on the caster took the air to tell us about the Clark was forced to acknowledge that no r·ole of the media when he stated: " ... Evi­ chase. Since then, Simpson has been ac­ such mask existed. This incident shows dence is not evidence until it comes from quitted and convicted several times in the how excessive and inaccurate publicity can [the court room], not from the eleven media. hurt all parties. o'clock news." 21 P erhaps the answer is that law schools The fact that the ski mask did not ex­ The rules of c!'iminal procedure and should teach marketing and not criminal ist should have been minor because the evidence are essential to the fair adjudi­ procedure; then we would aU be ready to prosecution never stated that it did exist. eation of any case. That is not to say that praetiee law in the busiest and most pow­ The report of its existence made it into the the pr·ess must avoid the story; r·ather all erful jurisdiction of aU, the media. media through "investigative 1·eporting." reports should be written or aired with an Misrepo1·ting of this type could impact eye toward the potential impact they will Mark D. Stevens is a third-year day stu­ the trial because some people will decide have on the rights of the defendant and of dent at Duqu.esne University School of Law. that the state's case against Simpson is not the state.

References 7. Bill Torque, He 's Going N~tts, NEWS1l' EEK. July 4. IIJ'J4, 15. Sally Ann Stewart, Tir e 0.}. Frenzy: Media Slip 11p i11 at23, 24. Dash to be First, USA Tonn, July 18, 1'1'14. at20. 23. L Sheppard"· M(lxwe/1 (!Varden) , :l84lJ.S. 3:33 (1\166). 8. Jd. 16. Devrn Ro•cnberg, Body of Et•idence. N•:w~nw, July 2. Suoan Gilles . .48:1 ProposCII Mrulclies l'retri,rl '1 . Tessa Namuth. Wl!

Wimer 1995 ]URIS 7 Articles

School choice may be the cure for the ills of education By Glenn E. Camus ents to select the school which their chil­ capacity to bring about the kind of change dren will attend. These schools-public or that is so desperately needed.; They who educate children well, are private-can be located either inside or Many proponents of school choice ar­ more to be honored than they who produce outside the district in which the family re­ gue that voucher and tax credit plans vio­ them; for these only gave them life, those sides. late the Establishment Clause of the First the art of living well.-Aristotle Financial support for this choice comes Amendment to the United States Constitu­ in the form of a subsidy or income-tax tion. History has shown, however, that As the end of summer approached, credit to the parents or legal guardians of whethe1· a violation of the Clause occurs thoughts of classes resuming filled the the schoolchildren. Pennsylvania's pro­ may depend on the form of the subsidy. minds of many children. For teachers in posed plan includes a $900 voucher to be In 1973, the U.S. Supreme Court many public school districts, thoughts of used to send a child to the school of the struck down a New York statute that salary negotiations and picket lines once parents' choice. Heavy lobbying against the granted parents a state income tax deduc­ again filled the air. After all, what would it bills by Pennsylvania's two major teach­ tion from theit· adjusted gross incomes for be like if just one school year began in west­ ers unions, the Pennsylvania State Educa­ each dependent attending a non-public ern Pennsylvania without a teacher strike? tion Association and the Pennsylvania Fed­ school. The Com·t so mled because there Some parents boast of their school eration of Teachers, was enough to defeat was no mechanism in place to ensure that district's national recognition and heartily the legislation. state money would not be used for religious support higher salat·ies for their teachers. However, the success of the teachers' purposes. 8 Other parents complain of the lackadaisi­ unions was not effective enough to dispel In 1983 however, The Supreme Court cal attitude some teachers have toward the idea of educational choice. Only a few in Mueller v. Allen upheld a Minnesota tax­ their profession and oppose what the par­ states at this time have any similar pro­ benefit program allowing parents of both ents call teacher greed. Educators defend grams, although a 1992 United States De­ public and private schools to deduct up to themselves by saying they have given up partment of Education t·eport showed that a certain amount of the expenses associated high-paying private-sector jobs to teach in 37 states had some form of choice legisla­ with educating their children from state the public school system. tion pending. 3 income tax returns. 9 What Mueller suggests However, one common ground for both Concern over school choice is not a new is that direct payments to parents, t·ather parents and educators is educational re­ movement. Adam Stnith wrote of the con­ than to schools, may prevent a violation of fot·m. Our nation's public schools breed cerns of the state paying for a child's edu­ the Establishment Clause. mediocrity. A 1988 Gallup poll showed that cation in 1741.4 John Stuart Mill supported One concem of those opposed to school 64 percent of Americans would give the the idea of tuition vouchers for public and choice and the accompanying financial in­ public schools a grade of "C" or lower in private schools in the mid-nineteenth cen­ centives is that there wouJd be fewer dol­ their effectiveness of educating our youth.' tury.5 lars available to support the public school Advocates of educa tiona! reform argue In 1955, economist Milton Friedman system. Opponents of school choice argue that changes easily can be accomplished advocated state-supported educational that this will result in school tax increases. through the medium of educational choice. vouchers that he theorized would inc1·ease There at·en't, however, too many Many reformers view school choice as the competition and break the monopoly of school districts where annual tax increases panacea for the ills plaguing the nation's public schools while also giving poor fatni­ have not been occu1·ring under the cut-rent public school system. 2 lies access to higher quality education.6 system. With 43 different public school dis­ There has been a continual struggle This thought was reintroduced in 1990 tricts in Allegheny County and with teach­ ovet· the idea of educational choice, which when the Brookings Institute, a liberal ers' unions pitting one district against an­ has been placed in the limelight mot·e re­ think tank, proposed that schools shouJd other, it is dil'ficult to envision that the pub­ cently with the p1·oposed school choice bills be based on a competitive market model lic school system always is looking out for in the Pennsylvania Legislature. Put sim­ and that the open competition among pub­ ply, school choice is the privilege of par- lic, private and parochial schools has the See EDUCATION on page 27

References 4. ADAM SMITH, AN INQUIRY INTO THE N.\11111t: Al''U 10. Schools oJThor.ghu; My Modest Proposal C .\USt~~ Ot' THt: Wt:\LTH Ot' NATIONS (Edwin lO lnprove Education Thror.ghoul the Region, l. Alec M. Gallup and Stanley M. Elam, 20th Cannan Ed. ,1937) (5th Ed. 1741). Prn'SIIURCII Po.."T-GM'EITt:, July 24, 1993, at 83. Annual Gallup Survey On Public's Attitudes 5. JoHN S1l!ART Mn.L, PIIINaPu~ OF Pou'l1l:.\L 11. Ronald Bowes, Our System Cripph>s the Toward The Public Sl"hools 36 (1988). EcoNOM\' (Ashley Ed .. 1915). Authority ofPoor Parents, PtTTSIIURGII PosT 2. J011N E. Cm.:ou & TF.RRY M. Mot::, Pot.mcs, 6. MILTON FnLEOMAJ", C.\I'ITAI..ISIII ANO FRF.f.IJOM 85- GAZt:rn:, Ft•b. 4,1993, at 83. MAHI\.f:TS ·\ NO AMt:UICA 's Sr.HOOI.s, 215-26 (1990). 108 (1962). 12. Walter Shapiro. Tough Choice Lamar 3. See United States Dep't ofEduc., Off. of 7. Cmmu & Mor., supra note 2, at 217. Alexamler Clai1rM to Have a Cure for t.ltf' Intergovernmental and Interagency Affairs, Ctr. 8. Corruu.for Pub. Educ. aud Religious Sorry U.S. Public-School System, Trm:, Sept. For Choice in Edic., Review of State Choice Liberty''· Nyqui&t, 413 U.S. 756, 794 (1973). 16, 1991, at 54. Legislation (Sept. 1992). 9. Mueller v. Allen, 463 U.S. 388 (1983).

8 JURIS Winter 1995 Education Student Teaching A Professor of English finds out what it is like on the other side of the lee turn

By Mary R. Castelli

Well, I have finally made the move from outet· space to law school. Most people would say it is the othet· way m·ound for them. They have gone fwm their normal lives and normal jobs and have made the move to an unfamiliar world consisting of jurisdictional questions, torts and consideration. But I, on the other hand, have come fwm a world so bizarre, so diffe t·ent and so, well, foreign to some that it is beyond compare. I am a professor of freshman English. Yes, I did say freshman. Freshmen, those discombobulated beings who, beleive it 01· not, sometimes sbow up for class without their heads! Needless to say, it is most emban·assing and dist·uptive to the class when this happens. You can see why I am delighted at mid-day to leave the undergraduate world in outer space and make my flight to the law scbool. Ah . . .law school. I have been waiting years fot· this moment. I realize now, though, that when I am up at 2 a.m. briefing cases for Professor McClendon's torts class and trying to answer the unanswered questions of the day, my freshman students are at Mary Cn.'l lcUi Loafer's or some other bar with their fake IDs getting inebriated. Photo by Mary P. 1Hurray

But is my first-year law experience idea what the answer was. Luckily we all course now that I am a law student that has really that diffet·ent from the freshman worked it out and discove•·ed the all changed. undergt·aduate expet·ience? Come to answer. .. . eventually. In addition to my books required fot· th.ink of it, there was a woman who came Oh, the Soct·atic method. I think it class, I purchased the large, hard bound to Professor Murray's contract class one may actually work. Do you"? If you do, Black :s Law Dictionary and the smaUet· njght without her head. why? Jf you don' t, why not? paper-back, pocket version as well. I guess I didn't really notice because When I go home at night, I again hear I highly t·ecommend this pocket I fot·got mine. It's funny how you don' t the wot·d " why." It echoes through the vet·sion to eveeyone. It has saved me 011 notice things when that happens. halls of my home . My two-yea t·-old var·ious occasions by allowing me to Even when you remembet· to bring daughter Angeli na needs to know why comprehend the strange, new language your head along to class, there are no mommy has been away all day, why these law professors use. It is my guarantees I realized this quickly in mommy catTies so many books, why protection, my safeguard, my oxygen whlch Peofessot· Barker's Legal Process and mommy will not let het· color with her a llows me to survive in my new Pwcedure class when he called on one Barney markers on the pt·etty, yellow environment. This pocket version has also of my peers to answet· a question. notebooks, and why mommy pulls her aUowed extra space in my backpack fot· He let the student go on for quite hair. out now when she reads. additional books. some time explaining in great detail the My freshman students ask many This new language, if you will, is really ·'answer." The whole class was diligently "why" questions as well. "Why do I have not that difficult to understand. The onl taking notes as the pwfessor questioned, to take English when I am a physicaf d1·awback seems to be that now, when I and then continued to question the therapy majo1·?" "Why do our papers watch any of the many law-1·elated student. have to be typed?" Hey, if I could go Lack television shows or movies that are out, This was better than "L.A. Law," I in time I would go.back and tell Socrates they are 1·uined f01· me because I am able thought. to put a patent on that Soct·atic method. to deciphet· the fact that they are At the end of the inten·ogation-1 He could have made a mint! incon·ectly using legal ter·ms. mean questioning-we all had a set·ies No, I did not major in finance. J of scribbles and scratch marks on our majored in Spanish and had never t·eally notes indicating that the student had no intended on Lecomi"Og trilingual. Of See TEACHING on page 32

\'\linter 1995 J URIS 9 Articles Bar None Some smart choices in selecting classes in the second and third years of law school and a lot of hard work will prepare the student for the new passing requirements of the Pennsylvania Bar Exam.

By Dale G. Larrimot·e, Esq. essay portions of the exam to the admitted elective com·ses while still in law school. to the bar in Pennsylvania, with a 135 now The essa y portio n of the bar exam in or many years, law students who being a required minimum scor·e on each. P e nnsylvania tests on the following 16 pla nned on prac ticing in P enn­ Now you must obtain a 135 scor e on the subjects: Contracts, Constitutional Law, F sylvania could choose courses in law MBE in order for your essay to be graded. Criminal Law and Procedur·e, E vidence, school based pt·imarily on their interests Then you must score 135 on the essay Real Pt·operty, Torts, F ederal P ersonal or career plans. This may be changi ng. portion in order· to pass the bat· exam. Income Tax, Federal Civil Procedure, Sales Second- and third-year students a t E ssay answers s uddenly b ecome (UCC Article 2), Commet·cial Paper (UCC Duquesne University School of Law who extremely important. Whereas before, the Article 3), Secured Transactions (UCC are in the process of selecting classes ma y essays served as a safety net that could save Article 9), Conflicts of Laws, Corporations, want to reconsider their overall course you if you did poorly on the MBE, now it is D eced e nts ' Esta tes, Famil y L a w, options. With the renewed emphasis on the an obstacle from which you can fall even if Professional Responsibility. essay portion of the bar examination in you do extremely well on the MBE. In plannu1g your law school cun:iculum P ennsylvania, students should be thinking Law students at Duq uesne might wa nt in light of the n e w emphasis on and about the bar exam when they elect the to keep the subjects on the Pennsylvania importance of the essay portion of the bat· nonrequired cour·ses in law school. essay exam in mind when choosing their e xam in P e nnsylvania, give strong As Direetor of B AR / BRI of considera tion to taking as many of these Pennsylvania, I have helped mor e than subjects as possible. While an y bar review 25,000 students who have success full y The essay portion of the bar p1:ogram will cover each of these subjects passed the P ennsylvania bar exam. In the exam in Pennsylvania tests on as part of a course fo r the b ar exam , last 20 year s, I h a ve b een freque ntly the following 16 subjects: remember tha t the pur pose of a ba t· revi ew consulted by students from Duquesne and program is to help you review the law and other law schools about the elective eourses those issues more frequently tested on the they should select to best prepa r·e for the •contracts ba r examilla tion. bar· examination. • Constitutional Law The most importa nt ~ ubj ec t s have • Criminal Law & Procedure ecause of the very short time span been , and still clearly are, the six multistate between gradua tion a nd the ba r subjects, which almost every school covers •Evidence B exam, there is not enough time for in the required course cun·iculum. • Real Propetty you to try to learn all of the law tha t those The si x- hour multip le c hoice •Torts subjects may r equire while cra mming for Mnltis ta te Bar Exam (MBE ) cover s six the b a r. While I per sonally know many subjects: Constitutional Law, Criminal Law • Federal Income Tax people who have passed the bar in the past and Pr·ocedure, Contracts (including UCC • Federal Civil Procedure without ta king several of these courses in Sales), Evidence, Real Property and Torts. • Sales (UCC Atticle 2) law school, this wilt certainly be more Students must have a strong background difficult in the future. i n these core s ubjects, whic h a r e a lso • Commercial Paper U nfor tuna tely, especially for· current double-tested on the essay exam. (UCC Article 3) third-year d ay or fourth-year evening For more than 15 years, students were • Secured Transactions students for whom this change in the bar is able to pass the ba r exam in P ennsylvania sudden and drastic, it is likely t ha t some if they did well on these subjects. In recent (UCC Article 9) will not have had the time to add all of these yea r·s, a 135 scaled score on the MBE would • Conflicts of Laws subjects to their course load. If you have guarantee passing, and you r essay answer s • Corporations no t selected your schedule fo t· the last would not even be gr aded . Only if you semester, you should weigh the ad visability received less than 135 would the examiners • Decedents' Estates of including courses fot· the bar exam in even look at your essay exam. •Family Law P e nnsylvania. H o we ve r , while a ll 16 Sta rting in Febr uary ofl995, however-, • Professional Responsibility subjects ar e impot·ta nt, if you cannot ta ke students must now pass both the MBE and them all, you can still pass the bar exam

10 JURIS Winter 1995 TbeBarExanz

with some planning, haed wot·k and a good exam, but each exam is diffet·ent in the review pt·ogram. extent of coverage on each subject. As can Traditionally, students seem to have be seen, Corporations is the most important the most difficulty learning or under­ nonmultistate subject on the essay portion standing the pt"inciples of "code driven" of the exam, and bar review students seem courses in a short review pt"ior to the bar to appr·eciate a background in basic exam. Try to take courses in law school corporations law. which will give you an understanding of the Unifot·m Commercial Code. The DCC rofessional Responsibility is includes three of the 16 subjects on the similarly important, but is covered Pennsylvania essay exam. P as a required course in most law While Sales has always been important schools. On the other hand, Conllicts is the (as part of the MBE and a frequent essay least frequently tested subject on the bar issue), there have also been repeated issues exam, and students seem to be able to grasp on Commet·cial Paper and Sec ured its principles, as with those in Family Law, In the eight bar Transactions in recent years. \Vithout a without a stwng background in either of background in UCC, some students these areas of the law. exams adminstered struggle to gt·asp the concepts behind the Let the bat· review courses do what law in this area. they do best-help you r·eview and between February of Likewise, it seems to be difficult to understand the law, emphasize what areas understand some of the subtleties of the are frequently tested on the bar exam, and 1990 and july of Federal Income Tax Code in pt·eparing for teach you how to handle the recurrently 1993) the issues that the bar exam without any background in tested issues. Take advantage of your law that area. The Pennsylvania exam only school for what it does best-to help you appeared most tests on Federal personal income taxation, learn and understand the basics in all of and a course in this field during law school these areas of the law. frequently on the would provide an excellent foundation in As an additional factor to consider in the sections of the tax code most frequently preparing for the essay portion of the bar essay portion of the tested. examination, note that thet·e is a strong It also might be helpful to be awat·e of indication that the examiners wiU test on Pennsylvania Bar the frequency with which issues on the Pennsylvania law beginning in July ofl995. various essay subjects have appeared in Candidates for the bar exam will most likely Exam were Contracts) t·ecent exams. Each of the eight essay be expected to know Pennsylvania law in questions has multiple subparts, covering the nonmultistate subjects and non-Federal Sales and various issues or subjects, and the full essay law subjects tested on the essay exam in the Corporations. Tbe exam usually covers about 29 to 34 separate July 1995 examination. This is an added issues. area of concern. issues that appeared While the focus of this article has been he eight exams from Febt"Uary of on the Pennsylvania bat· examination, least frequently were 1990 until July of 1993 included many of these considerations would apply T subquestions with issues in the to many other states as well. Unlike Secured Transactions following frequency: Contracts and Sales: Pennsylvania, most states (42) require a 26; Constitutional Law: 25; Evidence: 21; special exam on ethics (the MPRE), given and Conflicts of Laws. Torts: 21; Ct·iminal Law and Pt·ocedure: three times a year·, in Mat·ch, August and 18; Real Property: 14; C01·porations: 24; November. Unuke the bar exam, however, Professional Responsibility: 22; Federal you can take the MPRE while still in law Civil Proceclut·e: 16; Decedents' Estates: school. 15; Family Law: 13; Conunercial Paper: 11; If you are practicing in another state, Federal Income Tax: 10; Secut·ed consider taking the MPRE in November ot· Transactions: 9; Conl1icts of Laws: 4. March of you thir·d year. With a eourse in It is very important to note that there Professional Responsibility in law school are significant variations fwm year to year. and an MPRE review, you can obtain the There have been exams with only one Torts requisite score and remove one of the ot· Corporations issue and othet·s where impediments to your admission to the bar. thet·e have been more than five . Almost ever·y subject, with the Dale G. L«rrinwre is seninr partner in the firm of Deutsch, Larrimore & Famish in Philadelphia exception of Conflicts and sometimes and also serves a.s Director of BARIBRl of Article 9 of the UCC, is tested on each Pennsylvania.

Wimer 1995 JURIS 11 A11icles A Fond Farewell For years) attorneys with questions about death-penalty issues turned to the Allegheny County Death Penalty Project. The Project now has been replaced by a publicly funded resource center.

By Bruce Ledewitz As I remember it now, that spring I gave the first of what became a yearly talk about the death penalty in Pennsylvania t is time to say goodbye to the Allegheny County Death and about the work that students could do. P enalty Project. Since the Spring of 1981, the Project That talk would later take place each September and there I has assisted defense attorneys in death penalty cases would always emerge a core group of student volunteers as weU as throughout Pennsylvania. More than 200 students have one or sometimes two students who would serve as student dit·ector volunteered their time to the Pt·oject over the years. of the Project that year. I am not going to name any of these Some of these students have been dedicated death penalty students here. Many names come to me , and many faces. If I abolitionists; others supported the death penalty but wanted a started naming them, where would I stop? fair system. In the first few years, the work consisted almost entirely of Some students gave only a few hours; others spent more time active involvement in death-penalty cases, particularly Public on the Project than on their studies. But all of them helped to see Defender cases in Allegheny County. I had little direct courtroom to it that the rights of indigent defendants were respected in capital experience, so this work was exciting for me and for the students. cases. Occasionally our clients would receive sentences of death , but usually not. It was dut·ing these cases that I learned how to be a he occasion for the closing of the Project is the belated cout·twom advocate, often in clashes with the then-head of the creation of a publicly funded Resource Centet· for death Allegheny County District Attorney's Appellate Office, Bob T penalty cases in Pennsylvania. Eberhardt. The Commonwealth has the fourth-lat·gest death row in the Unquestionably, the most dramatic and intense trial the United States. Yet, unlike other big death-row states, Pennsylvania Project was directly involved in coneerned the brutal murder of has never had a central body to tt·ain and assist defense attorneys, Dt·. Jeffrey Farkas in his home in Squirrel Hill in 1989. The case to provide them resources and to coordinate death penalty exacerbated racial and religious div·isions in Pittsburgh. The Life litigation stt·ategy. sentence for William Yarbough embittered some in the J ewish The Pt"Oject was designed to fill that gap temporat·ily. As a community and certainly left a lasting impression on me. volunteet· organization with only the resources that Duquesne As the Project's reputation grew, I began to receive phone Unive~·sity School of Law essentially donated, the Project never calls from around Pennsylvania asking foe assistance in death­ could fulfiii the need. penalty cases. This usually meant the pt·eparation of a memo or Now a professional and permanently staffed Resource Centet· brief on a particulat· issue that was of concem to the lawyer. will do the job that the Project could only approach. For example, what does Pennsylvania or what do other states The origins of the Allegheny County Death Penalty Project say about whether criminal acts committed aftet· the alleged lay with the former Duquesne University School of Law Dean John murdet· "count" as part of an aggravated criminal recot·d? This Sciullo and Allegheny County Public Defender Lester Nauhaus. meant mot·e work for students, and it was the type of wot·k that It was John, then simply a peofessor, who urged me in 1981 to students do well. keep some sort of presence in court and not to become purely an But some of the phone calls from defense attot·neys were academic. disturbing in their naivete. The callers would sometimes say that This advice made sense to me, so I went to see my old boss, they had a death-penalty case starting in a week and they wanted Lester Nauhaus, to volunteer to help the Public Defender's Office. to know what mitigation was. Lester already had decided that his office had to make a special Sentencing presentations I assumed took months to prepare, effort in death-penalty cases, and he urged me to provide research and whic h had to be integrated into the tl"ial on guilt and and other suppot·t in capita l cases fot· his office. innocence, were being compressed into an afterthought of only a Although I knew nothing about the legal aspects of the death few days. penalty, [had always opposed it. Lester's offer was the perfect Of course, questions like that eould not be answered at aU, opportunity. or if they were answered, the PI"oject ran the l"isk of helping As soon as I started working on death-penalty cases, it became inadequate attorneys become just competent enough to get their obvious to me that I needed student assistance and clients executed. that some students would find in the work a chance to express the The obvious solution was to concentrate on preparing professional idealism that had brought them to law sehool. resources and training attorneys in death-penalty cases. Other

12 jURlS Winter 1995 The Death Penal(y

states wet·e doing this through public As a death penalty abolitionist, I always agencies, either Resource Ceo ters ot· sought to use the coul'ls to eliminate Statewide Public Defenders. Pennsylvania But some of the the death penalty. I was always looking for had neither and so this task either would phone calls from st1:ategies that would go beyond a life sentence go undone or would be pel"formed by the in a particular case. Pt·oject. defense attorneys A numbet· of system-wide challenges In 1982, the Project had put together we r e raised in death-penalty cases­ a manual for Pennsylvania death-penalty were disturbing in Pennsylvania constitutional challenges, cases and in 1984 had prepared a short their naivete. The chaUen ges to limits on resources and others update. -and the Pt·oject contt·ibuted to litigating But by 198.5 , Pennsylvania and fedet·al callers would most of them. capital case law wet·e developing rapidly. But the issue the Pmject always raised, The 1986 update expanded to 70 pages of sometimes say that and the issue the Project for a time was case analysis and. practice pointet·s fot· identified with, was the purported Pennsylvania. they had a death­ mandatoriness in the Pennsylvania death­ The updates were prepared at two­ penalty case starting penalty statute. yeat· intervals from then on and generally The idea originated with Duquesne t·an about 100 pages. They wet·e distributed in a week and they University School of Law Professot· Pat at cost in eastern Pennsylvania by the Basial. The Pennsylvania statute t·equires American Civil Libet·ties Union and in the wanted to know death ("verdict must be a sentence of west, by the Allegheny County Public death ... ") if certain findings are made, such Defender's Office. The preparation of each what mitigation was. as when aggt·avation outweighs mitigation. of these updates took many months. We at·gued that such a requit·ement Pt·inted materials were not enough, violated the Eighth Amendment in every of course, and in any event tactics wet·e more important than capital case with which we were involved. I think the Project came Jaw in secudng life venlicts. to have the best tt·eatment of this issue in the county. Lester Nauhaus and John Cook organized a western When the United States Supreme Cout·t granted cet·tiot·i in Pennsylvania training session, in coordination with Duquesne's Commonwealth v . Blystone 1 on the question whether this School of Law in 1982, but they felt that westem Pennsylvania requirement was constitutional, we certainly wet·e t·eady. Together was not reaUy the problem. The problem was in the east. with Stefan Presser of the American Civil Liberties Union, the By the mid-l980s the problem of capital representation in Project wrote large portions of the brief and submitted them to Philadelphia has assumed ct·isis proportions. The very able Professor Tony Amsterdam, America's leading death-penalty Defender Association of Philadelphia was barred from hanclling advocate (who rewrote every word). homicide cases, thus leaving death-penalty cases to the We lost the Blystone decision S-4. 2 That was disappointing hut, appointment of private attorneys. given the makeup of the Court, not unexpected. Blystone was the Nor were thet·e any standards for eligibility fot· appointment. last chance at knocking out the entire statute and emptying The result was that Philadelphia contributed about hall· of the Pennsylvania's death row. Mter Blystone, aU efforts had to be case­ number of inmates on Pennsylvania's death row. by-case. The year 1989 was a turning point in the histot·y of the Pt·oject. he Philadelphia Bat· Association entered into this area Until then the Pt·oject had been almost exc lu sively a tt·ial-level by organizing training sessions in 1988 and 1993, by undertaking. It had achieved success on that basis , both in obtaining T libet·ally distributing the Project's updates and by numemus life sentences and in training and providing resout·ces pt·essing for the ct·eation of capital-case standards. for defense attorneys. In addition, the Defender Association of Philadelphia began But as 1988 drew to a close, it was clear that possible executions to represent defendants in capital cases in 1994. During the in Pennsylvania would soon become a serious iss ue. Defender Association's preparation phase, the Project pt·ovided Pt·ior to 1989, execution warrants had been signed haphazat·dly training assistance and materials. by Govs. Richard Thombtu·gh and Robert Casey. Stays of execution Another t·esout·ce the Pt·oject created in the mid-1980's is had been obtained in those cases pretty easily. the death penalty library, a full set of state and federal capital pt·ovisions analyzed by refet·ence to the Pennsylvania death n 1989, the abolition movement in Pennsylvania decided to penalty statute. The libt·ary allows very fast retrieval of statutory try to fund a pdvate monitoring pt·oject to keep tt·ack of pt·ovisions comparable to those in Pennsylvania, but worded with I the cases of persons on death row -and to gain their trust­ sufficient diffet·ences that no computer seat·ch locates them. and to prepare and find adequately trained counsel when execution The librat·y has been an invaluable tool. It has twice been warrants were signed . Pam Tucket-, a Pittsburgh business owner copied by the National Coalition to Abolish the Death Penalty. and dedicated abolitionist, was hired as part-time director. As one of our last effot·ts, students are now thoroughly t·evising the librat·y so that the new Resource Center will be able to use it. See PROJECT on page 32

Winter I 995 J URI.' I 3 Articles

Two actions make more executions soon possible in Pa. By Joseph S. Koscinski The failure to issue execution wan·ants, the court reasoned, constituted a breach of the governor's duty to execute the laws of Pennsylvania's judicial and legislative branches this year have the Commonwealth as mandated by Anicle IV, Section 2 of the moved to reduce or to eliminate the gover·nor·'s discretion to Pennsylvania Constitution. 11 The court then again order·ed the schedule executions of death-row prisoners in the Commonwealth. governor to issue an execution warrant within 30 days for one While the Gener·al Assembly's effort to for·ce the governor to defendant and within 60 days for the second . 12 sign more death wanants so far has bee n stalled by a Gov. Casey has indicated that he will ask the gubematorial veto, a judicial decision that largely may Pennsylvania Supreme Court to over·tur·n the have the same effect could prompt further executions Commonwealth Court orders. n in Pennsylvania if the decision is upheld on appeal. On June 3, 1994, Gov. Casey vetoed legislation This year, the Commonwealth Court twice that would have required the Pennsylvania r·uled that the governor is requir·ed to issue Supreme Court to transmit a copy of the r·ecord in execution wan·ants within a r·easonable time after all death penalty cases to the governor once the the Pennsylvania Supreme Court upholds a death Court has completed its mandator·y review of sentence. death-penalty cases. 14 In Morganelli v. Casey,l the Northampton County Under the legislation Casey vetoed, District Auorney sought a writ of mandamus to compel Gov. transmission of the r:ecord to the governor would Robert P. Casey to order· the executions of two persons who have triggered a 60-day period during which the had been convicted of first-degree murder and sentenced to governor would have been required to set an death .2 The Pennsylvania Supr·eme Court had affirmed execution date. 15 the death sentence for one defendant in 1988 and ~~~~~~-~ The legislation enjoyed wide suppor·t in the upheld the sentence for the other in 1990, but the ~ General Assembly-it was approved 171-17 in the governor had not acted with regard to either case. 3 Pennsylvania House of Representatives and 40-9 In his opinion, President Judge David W. RMiiiJ!IIJ in the Senate. 16 Craig noted that the Pennsylvania Death Penalty Supporters argued that the legislation was Procedures Act4 provides that a governor "shall" necessary because Casey had signed fewer· than two dozen issue an execution warrant after the Supreme execution warrants since he took office in 1987 and because no Com·t has completed its mandatory review of death-row inmate had been executed in Pennsylvania since a sentence of death. That language indicates """'"""',::~ 1962Y that the issuance of an execution warrant ...... ~..,.._. , Nevertheless, the governor vetoed the legislation, stating that mandatory, the court held.5 the r·equir·ement would unduly restrict the time needed for a Noting that the statute does not set a time during which the governor to review death penalty cases. Further·, the governor governor must order an execution, the court held that the governor maintained that the legislation constituted a violation of the must sign an execution wanant within "a reasonably prompt time separation of powers doctrine. 13 frame. " 6 The court then ordered the governor to issue an Following the governor's rejection of the death penalty bill, execution warrant for one defendant within 30 days and for the the Pennsylvania House of Representatives voted 166-33 to second within 60 days. 7 override the veto. 19 The governor then moved to open the court's peremptor·y The Senate's attempt to oven·ide failed on a 32-18 vote, short judgn1ent in mandamus. In a second opinion ("Morganelli II") of the two-thirds tally needed to enact the bill despite the the Commonwealth Court denied the motion.8 governor's veto. 20 A second override attempt failed in the Senate In Morganelli 11, the court restated its earlier holding that in September and a third try is possible later· this year. 21 the gover·nor's duty to issue execution warrants is mandatory.9 Further, the court restated its holding that the governor must issue .JosephS. Koscinski ~sa third-year day student at Duquesne such warrants within a reasonable time. 10 University School of Law and serves as Executive Editor of Juris.

References 9. Morganelli II, 19\14 \VL 417:H1 at *2. ll\QUIIIEil, June4, 19\14, at B.l. 10. /d. at*:~. 17./d. 1. 641 A.2d 674 (Pa. Cornrnw. Ct. 1\194) . 11. /d. 18. /d. 2. Morganelli, 641 A.2d at 675-76. 12. /d. at *4. 19. Russdl E. Eshelman Jr., Ho113e Overrides :~.hi. B. Jim Strader,Again, Court Orders Casey to Death·Penalty Veto, Pllll.IDEI.I'III \ bQtlllt:H•• hm e 4. p,,, STAT. A NN . tit. 61, § 212:~ (1964). SignDcath.lfla.rrant.s, P1111 .,\IJ~LPIIL\1NQVIllEil, 9,1994, at Bl. 5. Morganelli, 641 A.2d at677. Aug. 12,1994, at B5. 20. Russell E. Eslwlmau Jr., Casey'.< Vet.o 6./d. 14. H.R. 2198, 178th General Assemhly,.l99.3 Survive.< Vote in th. .. Senate. P1111 .. \llELI'IIIII 7./d. at679. Sess. § 2 (1994). l NQL. IIIEil,Junel5,l994,atBl. 8. Morganelli v. Casey, Nos. 367 M.D. 1993, 15./d. 21. F1·ank Reeves, Death Warrant Veto 444 M.D. 1993, 1.994 WL 417311, (Pa. 16. Russell E. EshelnlanJr.,AsExpected, Withstands Override Try, Pll'I"SDlfllGII PosT­ Cornmw. Ct. Aug. ll, 1994). Casey Vetoes Execution BiU, PHII.ADEI.PIIIA GAzt:1'1"E, Sept. 20,1994, at Bl.

14 JURIS Winter 1995 The Joh Search

Changes are afoot to make job searches smoother

By Erin Larabee Now, law students are faced with the New clinical added pressure of secUL·ing a job before Regaedless of how long the attorney graduation. There is a need for graduating had been practicing, I received the same programs and an students to be moee versatile. Not only do t·esponse every time I a_sked the question: we need to pass the bar, but we need "What was the job market like when you improved Career attributes that will make us more graduated'?" marketable. Dual degrees, expeeience, The answer invariably was: "The job Services Office connections and clients are aU features that maeket wasn't this bad ... Law graduates did will get open the door. not have that same sense of urgency to find aim to ease the In light of the geowing need foe a more a job their third year." experienced and more diversified geaduate, First-year law students often have transition from Duquesne University School of Law is grand expectations about job prospects in instituting new programs to augment their the legal profession. The illusion, however, law school to graduates' marketability. quickly fades into reality by the end of their law employment Cafardi, in conjunction with the second year. school's Career Services Office, has begun Students then realize that a .J lll·is to expand the clinical program. Clinical Doctor degree no longer translates into an a former associate of Riley & DeFalice to interns gain valuable work-place automatic job. AJ1 too often, the graduate for·m Rosenberg & Fenchel. Fenchel experience they may not have had finds himself or herself in a long and confronted the same fears any person previously, and gain possible future job frustrating search for employment. beginning a business faces. opportunities. Students who want to work in His apprehensions were not un­ New clinical opportunities are Allegheny County will find the job market warranted given the glut of law firms in available through hospitals, the Disability grim at best. With almost 6,500 attorneys Pittsburgh. However·, Rosenberg & Fenchel Project, the Child Advocacy Program and in Allegheny County-the highest amount was able to begin operations with serveral other in-house clinics. The new clinics are per capita nationwide-the mat·ket is tight long-standing clients from the former firm. designed to expand the traditional role of to say the least. Most young firms are looking for attor·neys. The competition for associate positions associates who will bring their own clients My own experience at the Public is no longer between t·ecent graduates, but into the firm's already existing client base. Defender's Office has been rewarding. By is now between recent graduates and those But the concern of not bringing in clients working hand-in-hand with the attorneys, who have been out of law school for several was only one problem facing Rosenberg & I have refined my writing skil.ls and years. Fenchel. improved my research skills. I highly Duquesne University School of Law In the beginning, Fenchel had high r·ecommend a clinical to all students. Dean Nicholas P. Cafardi sympathizes with expectations. He was his own boss. He was Incoming students interested in the students facing graduation. Cafanli a partner after only five years of practice. entering a dual-degree program, to obtain believes that job possibilities directly reflect And he no longer had to deal with the both a .J.D. and another degree, may find the problems that exist in our local different levels of management associated several ar·eas from which to choose. economy. with a larger law firm. Proposed joint degree programs involve Attorney positions will not be t·eadily Even with the 15 years of combined health care management, environmental available when the rest of the economy is experience in law, Rosenberg and Fenchel science and taxation. not growing. The availability of positions found that attaining the level of a Cafardi hopes these programs will be depends on the increase in construction functioning business was difficult. approved and that students who take projects, contracts and new companies "Law school does not teach you the advantage of them will have more job creating an overall growth in the job business end of the law," Fenchel stated. opportunities. market. Small fir·ms may be more flexible. But The r·esource most students rely on to As dismal as the future may seem, one of the par·tners, mor·e often than not, fmd a job is the Career Services Office. The young attot·neys should not despair. The will have the responsibility of keeping the Duquesne University School of Law Career· answer may lie in the smaller fit·ms that are firm together by serving the clients on a Services Office has undergone a facelift spinning off of the larger firms. personal level and generating billable since September· of 1993. Pittsburgh, in recent years, has had a hours. Compared to other· law schools, the number of larger law firms break up into In a smaller fir·m, the attorney takes Career Services Office had been poor·ly smaller firms. For example, Rosenberg and on many r·oles, including supervisor, office maintained in the past. Recently, the CSO Fenchel recently formed when the firm manager and accountant. A paycheck may was rearr·anged to make resour:ces more Riley & DeFalice, P.C. dissolved in 1993. not always be guaranteed, but hard work accessible, and the office has received more Dave Rosenberg, a for·mer Riley & and long hours eventually may cause the materials to aid in the job search process. DeFalice partner, joined .James Fenchel II, paycheck to increase. See CAREER on page 32

Wimer 199'5 jlJRIS 15 A;ticles Prospecting In today's legal environment, finding a good job is like discovering a gold nugget. Some good advice and a lot of luck will help the student's search pan out successfully.

By Paul H. Jeges classmates returned from theit· summet· pt·ovide you with the information necessar y vacation with a couple months of legal to participate in these programs. t·e you a law student beginning the experience behind them. For a few first-year students and most fall semester of your second How? The a nswet· is a combination of second-year students who are fortunate A yeat·? luck, hat·d work and familial connections. enough to obtain interviews with law firms , Do you find yourself won·ying about The t·esult is that without some fit·st-year the most important decision will concern how you 't·e going to obtain your fit·st legal experience, a student may be left struggling choosing the d ght firm. When choosing a position and what you ' t·e going to do when to obtain a legal position even after their firm, there are several things you should you get it? second yeat· of school. conside•· vet·y carefully. A t· e you a first-year law s tudent As the job mat·ket continues to shrink, It is a good idea to stal't yom· search wonderi.ng when and how you should stat·t a law student must make the most of every with firms that pt·actice in the areas of the looking into obtaining legal experience? advantage available. Thet·efot·e, you should law which interest you. You should always Are you a third-year stude nt whose seize any oppot·tunity to start yom· legal ask an interviewer what you r fit·st summer in a law firm didn't go as well cat·eet· early. responsibilities will include. as you would have liked? Having some legal experience only can If you answered 'yes' to any of these aid you in the future, and such expet·ience d eally, you should choose a firm that q uestions, this al'ticle will provide a few can help you stay one step ahead of the rest will allow you to perform various legal valuable insights into what the future may of yout· c lass . In a few yeal's, that I l'esea t· c h pl'oj ects and to draft have in store for you and how you can experience may even be necessat·y to avoid complaints, briefs and other documents su ccessfully d eal with these n ew falling b ehind your classmates. t·ather than copying, faxing, filing ot· expet--iences. First-yeat·law students most often fmd ma king coffee. During my fit·st year of law school, I that obtaining a Sltmmer job in a law firm A good legal employet· will offet· law was led to b elieve that obtaining legally is vet·y difficult, a nd many will fail in their clerks t h e opportunity to observe t·elated employment for the summer was not quest. Recently, more second-year students depositions, client conferences, arbitration impet·ative. A few people suggested that the also find it inct·easingly difficult to obtain hearings, court proceedings and othet· summer between my fi t·st and second year any type of summer employment with a law pt·actical situations. would he my final oppot·tunity to work in a firm. Anothet· important consideration is non-legal field, and they felt such an Howevet·, la w stude nts have many ta king advantage of any oppot·tunity to opportunity should not be passed up. options to receive some valuable experience intt·oduce yom·selJ to the membet·s of the Fu1·ther, a vil'tual flood of without w01·king fot· a law finn. Thet·e are fir m f o t· which you hop e to wor k demoralizing rejection letters informed me countless internship and ex te rnship permanently aftet· gt·aduation. that most law fit·ms hire only second-year pt·ograms offered for school credit, and Finally and most importantly, you students. The genet·al consensus appeared some p t·ograms will a ccept first-yeat· should consider the en vironment in which to be that most students do not receive any students. you will be working during the summer. A legal experience until the completion of miset·able boss or an uncomfot·table work their second year of law school. a ny law professot·s hit·e t·esearch atmosphere can make a summer last a n Content in the feeling tha t I had done assis ta nts for the school year, e ternity, not to mention that suc h an all I could, I gave up on obtaining any legal M and many will consider first-yeat· envit-onment wiH make it impossible to do experience before my second yeat· of law students. Vat·ious judicia l officers a lso hire your best wot·k or make a good impression. school. In Li ght of the cutTent constricted law clerks during the school year. The most effective way to determine if legal job market, tha t advice is t·apidly For those students fot· whom a paying a fit·m provides an adeq u a te wo d < becoming outdated. job is not important, volunteer programs envit·onment is to ask your interviewer. Cont1:ary to what I was led to believe, offe r an excelle nt source of legal Many a ttorneys will surprise you will theit· appt·oximately one-third to one-half of my experience. The Careet· Set·vices Office can honesty.

16 )URIS Winter 1995 Joh Hunting

Once you have landed that important simply being yourself and expressing a p1·operly because too much ovel'time fi1·st job, a few simple tips can help make genuine interest in your work and your suggests an ineffieient worker and too little your summer a success and ensure that you firm's practice areas. Do not feign overtime shows a lack of commitment to the receive a permanent job offer. To begin, 1·espeetfulness o1· enthusiasm. No one Likes firm and your wm·k. You should also be many students fo1·get the most basic rule or, more importantly, respects a shameless careful not to take on more assignments of any human interaction: treat others as brown-noser. than you can handle. you wish to be treated. I once ovel'hea1·d two attorneys However, two simple tips can shave Make an effort to lea1·n everyone's describing a patronizing summer associate hours off your work load. First, you should name and how they wish to be addressed. as annoying, childish, transparent and learn to use a dictation machine and use it You should be polite and 1·espectful to unprofessional. These adjectives are not often. Most cle1·ks cannot type fast enough everyone, including the support staff, and the ones I hope to find in my letter of or accurately enough to make efficient use always keep in mind they aU know more recommendation. of their time, and, in any event, the firm is than you do. To make a good impression, you must not paying cled

Wimer 1995 JURIS 17 AJ1icles Just in case... Legal insurance plans are growing in popularity and acceptance among the public. But what effect do these arrangements have on the legal profession?

By Susan M. Fix member·s to lawyers chosen by the union.4 with the c~llection of minot· pi"Operty Similarly, most common modem legal damages and. pt·eparation of wills. It is a cold, snowy morning. Someone plans ar·e offered tht"Ough unions, various More compr·ehensive plans include fr·antically knocks on your door and asks or·ganizations, credit cards and employers. defense of moving traffic violations, you to ca.ll an ambulance because another DiJferent plans are available on an manslaughter or vehicular homicide and per·son has slipped on your front sidewalk. individual enr·ollment or group basis. assistance with an Internal Revenue After the immediate confusion fades, the Employer·-sponsored plans are tailored to Service audit. Specialized plans cover fear· of impending liability becomes all too meet a company's needs and are funded by par·ticular· professions or occupations such real. the employer·, employee or both. as pt·ofessional truck driver·s or law What do you say? Whom should you Plans ar·e normally maL"keted through enforcement officers. call? Are you responsible for· keeping the insurance companies or· pt·ivate law firms. In order to control cost, aU plans Limit sidewalk clear? How will you ever· pay for Insurance companies sell individual or· coverage or benefits. Some, but not all, a lawyer· if the injured person sues you? group legal plans in a manner· similar to legal expense plans limit or deny In a society with an insatiable appetite that of other forms of insurance. Law firms reimbursement for preexisting conditions, for litigation, people are often overwhelmed often contract with c01·porate clients fot· domestic matters, drug and alcohol related by situations where legal advice may be specifically negotiated benefits and matters, delibet·ate criminal conduct and needed. For this reason, legal insurance payments under a group plan. Prepaid bankruptcy. plans enjoy an increased intet·est and legal expense plans ar·e generally offered Other excluded areas include business popularity. under two customary types of conu·acts 1) matters, matters in which the union or Legal expense plans or legal access closed panel or 2) open panel. employet· or other plan sponsor would be plans provide speciJied reimbursement for Closed panel contract members access a defendant, or disputes arising between legal fees under contr·acts similar to that of legal services through a specified network plan members. 7 Predetermined deductibles dental or medical insur·ance plans. A of independent provider attorneys. and co-payments ar·e also used to typical plan is designed to provide coverage Lawyers are chosen by the plan sponsor, discourage frivolous use and abuse of plan and benefits for common legal problems insurer ot· administrator and plan members benefits. 8 encountered by average individuals and must use the services of plan attor·neys if Legal insm·ance plans offer· several their families.' they are to receive benefits under the plan.;; benefits to consumer·s: 1) individuals who Rather than paying an attorney a large Referral attorneys are paid a fix ed fee could not otherwise afford legal services are fe e directly when services are rendered, the to serve the plan. Reimbursement of given the opportunity to access the legal consumer pays premiums which entitle the provider attorneys can be a fixed fee per system; 2) lawyers may be willing to reduce consumer· to legal assistance. capita basis, and the attor·neys must fees in exchange for a guaranteed high The National Resource Center for· provide contracted benefits without volume group of clients; 3) pr·epaid legal Consumers of Legal Services says 7l million additional remuneration, or on a payment plans invite preventive legal care; 4) Americans-28 percent of the population per service basis. prepaid legal plans are able to pay for· any -are covered by a legal service plan. 2 Open panel contracts allow plan single member's substantial legal fees This is an increase from 1987, when members to use the attomey of their choice. because the risk is spread among a large an estimated 13 million middle-income The member's attomey is then nor·mally group of people; and 5) legal service plans Americans were enrolled in vat"ious legal r·eimbursed for· quaW"ied services rendered allow participating attorneys to pl"Ovide insurance plans and 17 million others had based on usual, r·easonable and customary m01·e efficient delivery of services because services available through a group legal fees. they are able to predict the types and extent 9 services a rra ngemen t. :l Despite these The ter·ms open and closed panel have of services needed by plan member·s. statistics, many people are unaware that become less important over time because Refen·al attorneys and contracting law legal insurance plans even exist. most plans today use a mixtur·e of ser·vice firms also benefit from group plans because Legal access plans have been available delivery systems to satisfy theit· members' participation augments the client base and since the early 1900s. The Brotherhood of needs.6 generates r·evenue without advertising. 10 Railroad Trainmen established a legal aid Basic legal service plans generally Many states regulate carriers of plan in 1930. Through this plan, union include access to toll -free phone prepaid legal expense plans and these officials advised injured members of their consultations with pt·ovide r· attorneys, carriers are requir·ed to file with or to need for· legal representation and referred document review, letter writing, assistance obtain approval from the state to oper·ate.

18 }URI Wimer 1995 Legal Insurance

Some states r·egulate legal expense lawyer r·elationship; and (3) infor·mation plan. plans as insurance while others regulate relating to r·epresentation of a client is The Employee Retir·ement Income them as a service. In states that tr·eat protected as r·equired by Rule 1.6. " 11 Security Act (ERISA) was enac ted to carriers as insur·ance providers, the Rule 1.6 governs another ethical protect the interests of par·ticipants in company may be required to qualify as an concern-client confidentiality. Under employee welfare benefit plans. G1·oup insurance company. The firm is then Rule 1.6, a lawyer "shall not reveal prepaid legal expense plans, p1·ovided as regulated as are other casualty insurers information relating to representation of a an employee benefit, are regulated by with r·equired minimum capitalization, client unless the client consents after ERISA, unless the plan fits one or more unimpaired surplus, claim reserves and consultation." 12 The subject matter of a nanow exceptions. 14 approval of marketing materials. client's representation is included and This necessitates placement of plan In Pennsylvania, legal expense plans cannot be disclosed to a third party payor finances into a trust fund for the exclusive ar·e r·eviewed by the Pennsylvania absent expr·ess authorization. benefit of employees, joint administration Insurance Department only if a licensed Ethical issues can also arise when the by equal number·s of employer and insurance company under·wr·ites the plan. same legal sei'Vice plan covers two plan employee tJ·ustees and annual aud.its. 15 This resulted from a 1988 Pennsylvania members who enter a legal dispute with one ERISA also imposes fiduciary duties Insurance Department task force which, another, or when a employee member and on a wide range of individuals involved with after review of legal access service plans, an employer sponsor enter into a dispute. administration of the plan. 16 In orde1· to decided that the Department had no clear Rule 1. 7 provides that"[ a] lawyer shall not escape liability under ERISA, plan trustees author·ity to regulate or· license individual represent a client if the representation of should identify the delivery system which law firms who directly negotiated prepaid that client will be directly adverse to best suits the needs of the members served, expense agreements. Accor·ding to the another client. " 13 In order· to protect the establish reasonable compensation levels, Insurance Department, nine insurance best interest of both parties, alternative establish and document a schedule of companies offer some for·m of legal service independent counsel must be provided for benefits and make timely payments to plans in Pennsylvania. one of the parties. eligible beneficiaries. 17 Lawyers directly An attorney who par·ticipates in legal Legal expense plans also pose providing services to plan members, rather service plans must be cognizant of potential questions regarding the quality of legal than to the plan itself, are unlikely to be ethical conflicts which might result simply services provided because the client is not characterized as fiduciaries. 18 from participation. Commonly recognized paying the usual fee. Financial influences The high cost of legal assistance and ethical considerations include overbearing generate two opposite ethical hazards for the consequential lack of rept·esentation client solicitation, poor quality of service, the participating attorney. c•·eates a dilemma in a society based on the fee-splitting with a non-lawyer, breaches of First, there is fear that external ideal of fair representation. Many times, client confidentiality and interference with pressures to minimize the cost of providing even middle-income Americans are independent attorney judgment. legal services may interfer·e with the financially precluded from seeking the most Because the legal services consumer provider attorney's professional judgment basic legal advice. does not directly pay the attomey, conflicts and loyalty to the client. A second concern Legal insurance packages provide of interest can result between the is that attor·neys may be financially some security against catastrophic legal fees represented party, the third party payor motivated to provide more services than and provide easy, early access for common, and the attorney. they would normally pr·ovide for a fee-for­ legal problems. Although legal insurance Rule L8(f) of the Pennsylvania Rules service client. plans do help society, in some small way, of Professional Conduct precludes lawyers lf a client requires services beyond the to reach the goals of fair representation and from accepting compensation from scope of the payments of his or her plan, equal access to the judicial system, it most someone other than the r·epresented client provider attorneys should attempt to likely will be a long time before "universal unless: "(1) the client consents after full ensure that the member-client fully legal coverage" is debated in Congress. disclosure of the circumstances and understands the coverage limitations. This consultation; (2) there is no interference will help minimize any misunder·standing Susan M. Fix is a fourth-year evening with the lawyer's independence of which could result if clients are required student at Duquesne University School of professional judgment or with the client- to pay for services beyond the extent of the Law and serves as a Staff Editor of Juris.

References (1993/1994). 13. Pennsylvania Rules ofProfessional Con duel L Alec M. Schwartz, A Lawyer's Guide to 5. Schwartz, .mpru atnole 1. Rule l.7(a). Prepnid l.egal Services, 15 LEGAL EcoN. 43 6.ld. 14. 29 C.F .R. § 2510.3-IU)(l97S). (1989). 7. Glantz,srtpraatnote2. 15.29 U.S.C. § l86(c)(5)(B),(c)(8)(1988). 2. Ronald P. Glantz, Building Your Small Firm. 8. Schwartz, supra at note 1. 16. 29U.S.C. § ll04(u)(1988). Practice 011 a. Prepaid Poundation, 68 Ft.\.B.J . 9.ld. 17. Costiclt, supra at note4. 48 (1994). 10. Glantz, supra at note2. 18. See ld. al n. 170-86 for a detailed case 3. Schwartz, supra at note L 11. Pennsylvania Rules of Professional Conduct analysis leading to this conclusion. 4 . Julia Field Costich, Note, }oint State-Federal Rule .l.8(f)(l),(2),(3). Regulation of Lawyers: The Case of Group 12. Pennsylvania RuiP-s of Professional Condncl Legal Services Under ERISA, 82 Kv.L.J. 627 Rule 1.6(a).

Winter 1995 }URJS 19 Lazu A taxing situation A Washington County Common Pleas Courtjudge)s decision to revoke the tax-exempt status of a private college could have statewide implications if it is upheld on appeal.

By Alison Fenton

Washington County Common Pleas Judge Thomas J. Terputac ruled on Aug. 5, 1994, that Washington and Jefferson College is not entitled to an exemption from taxes on its real estate. Washington and Jefferson President Howard Burnett indicated the school will appeal the decision. 1 If upheld, however, Judge Terputac's ruling could reach across Pennsylvania to affect every private college and university, including Duquesne University.

n his opinion, Judge Terputac cited o determine what institutions are began by stating that HUP's purpose in the increased number of tax-exempt eligible for tax-exempt status promoting quality health care and effect­ I properties as one reason why many T under the General County ive use of health care services, though cities face financial difficulties and are Assessment Law, it is necessary to define commendable, was not cha!"itable. In unable to p1·ovide adequate police and fire "purely public cha1·ity." In 1985, in addition, it concluded that HUP did not protection to their citizens. 2 The Hospitalization Utilization Project v. 1·ender its services gratuitously because all municipal loss can be great when schools, Commonwealth (HUP), the Sup1·eme of its clients were required to pay fees churches and hospitals claim tax Court of Pennsylvania held that in o1·der approximating actual cost. exemptio'ns. to qualify for tax exempt status as a In Washington, where the college is "purely public charity," an institution he court also held that HUP's located , Mayor Francis King said 27 must: 1) advance a charitable purpose; beneficiaries , hospitals and percent of the city's real estate is tax 2) donate or render gratuitously a T health care providers were not exempt.'1 If Judge Terputac's decision substantial portion of its services; 3) legitimate subjects of charity. Applying stands, King estimated, the city would benefit a substantial and indefinite class the last two parts of the test, the court realize $74,000 to $115,000 in new tax of persons who are legitimate subjects of found that HUP's activities did not relieve 1·evenue. 4 charity; 4) relieve the government of some the government of any burden, and The Pennsylvania Constitution of its burden; and 5) operate entirely free because it could not be distinguished from authorizes the General Assembly to from private profit motive.8 any other commercial enterprise, HUP exempt f1·om taxation institutions of In HUP, the cou1·t denied the tax had not proven it was free from profit "purely public charity. "·1 Pursuant to its exemption.9 Applying the test, the court motive. 10 constitutional authority, the legislature in 1933 enacted the General County Assessment Law. 6 That law exempts from "all county, The General County Assessment Law exempts city, borough, town, township, road, poor from taxation "all hospitals, universities, and school tax" several types of property, including churches and "all hospitals, colleges, seminaries, academies, associations universities, colleges, seminaries, academies, associations and institutions and institutions of learning with the grounds of learning ... with the grou~ds thereto thereto annexed .. .founded, endowed and annexed and necessary for the occupancy and enjoyment of the same, founded, maintained by public or private charity." endowed, and maintained by public or private charity. " 7

20 J URIS Winter 1995 Tax Status

inally, he ruled that the school Specifically, Judge Terputac stated in his failed to meet the fourth prong of opinion that the school did not advance a Fthe test by relieving the government of a burden, because local and state charitable purpose, because students governments are not required to provide post-secondary education. 15 unable to pay for their education were not Figures were not yet available on the amount of the possible tax assessment allowed to remain enrolled. He held that against Washington and Jefferson if Judge Terputac's decision were left standing. the school did not donate a substantial However, it will almost assuredly be a portion of its services, as students paid for significant amount of money. Because of the potentially enormous approximately 75 percent of the $21.2 tax liability that some institutions couJd face if they lost tax-exempt status, rather n1illion the college spent in 1993. than fight the denial of an exemption for their real estate, they have chosen to settlf' with the taxing bodies. In settling, these The Commonwealth Court of Terputac also relied on the test established nonprofit or charitable organizations Pennsylvania used this test in 1992 to by HU P. Although he ruled that agree to pay a service fee in lieu of paying deny tax-exempt status to Capital Washington and Jefferson had met the taxes. Extended Care, a nonprofit corporation requirement of operating without a profit Three years ago, when the current which operated the Harrisfield personal motive, it had not met the other four parts legal battle over tax-exempt status began care home.u The court held that Capital of the test. between the city of Washington and Extended Care had failed to meet all the Washington and Jefferson College, the criteria of a "purely public charity." pecificaUy, Judge Terputac stated in city and school district also challenged The court emphasized that there was his opinion that the school did Washington Hospital's real estate tax no evidence the home caeed for people Snot advance a charitable purpose, exemptions. Unlike Washington .and unable to pay for the services. Although because students unable to pay for theie Jefferson College, Washington Hospital the home had a policy of not terminating education were not allowed to remain settled. someone's stay because of inability to pay, enrolled. He held that the school did not In settling, the hospital agreed to pay everyone who had been living at the home donate a substantial portion of its services, the city $40,000 a year for the next eight at that time was paying for the services. as students paid for approximately 75 years. 16 In addition, it avoided a long, Therefore, the home did not have a percent of the $21.2 million the college expensive legal battle which Washington charitable purpose. 12 spent in 1993. and Jefferson has only just begun. The school also did not benefit a class ore recently, the Supreme Court of persons who are a legitimate subject of of Pennsylvania has reaffirmed charity, because, Judge Terputac stated, Alison Fenton is a third-year day M and expanded upon the HUP the students who attend Washington and student at Duquesne University School test. In St. Margaret Seneca Place v. Jefferson College cannot he equated with of Law and serves as Law Editor ofJ uris. Board of Property Assessment Appeals those who need care and institutional and Review, County of Allegheny, the treatment. court reversed a commonwealth court decision to deny a nursing home a tax exemption and revisited its holding in References HUPY Agreeing with the trial court, which l. Bill Heltzel, Washington cwd Jefferson Loses 487 A.2d 1306, 1317 (Pa. 198.5). its Exemption From State Taxes, Prnsrl!IIIGH 9. /d. at 1319. held that the nursing home was conunitted PosT-GAZETTE,Aug. 7,1994, at El. 10./d. to serving alJ applicants without regard 2. /d. 11. bt reAppeal of Capital Extended Core, for their financial means, the supreme 3./d. at E2. 609 A.2d 896 (Pa. Corrunw. Ct. 1992). court held that the home's acceptance of 4. /d. 12. /d. at 898. 5. PA. Coi\ ST. art. Vlll, §2(a)(v). 13. 640 A.2d 380, 386 (Pa. 1994). Medicare payments to help defray costs 6. 72 PA. CoNs. STAT. ANN.§§ 5020-1-5020- 14. /d. at 382-38.5. did not prevent it from meeting the 602 (1968 and Supp. 1994). 15. Heltzel, supra note 1, at E2 . criteria of a "purely public charity. " 14 7. /d. at§ 5020-204. 16. /d. In his recent decision, Judge 8. Hosp. Utilization Project v. Commonwealth,

Winter 1995 JURIS 21 La to ''NO'' A woman says no to sex) and the man who Jails to heed that admonition is charged with rape. But in a controversial decision) the Pennsylvania Supreme Court holds that saying no is not enough to meet the forcible compulsion element of rape.

By Kristin Pieseski "kind of pushed back with his body. "B He Commonwealth v. Mlinarich. 19 then straddled and kissed her as she In Rhodes, the 20-year-old defendant '·'No" is a rudimentary word. Its responded, "Look, I gotta go . " 9 The lured his eight-year-old victim to an meaning is uncomplicated and cleac defendant continued by lifting her shirt and abandoned building and instructed the fondung her breasts. Again she responded, minor to perform sexual acts. 20 The young owevei·, this elementary term has 4 "no. victim did not physically resist the been t.he impetus of a recent Next, the defendant undid his pants defendant, but did tell him to stop. 21 legal cont1·oversy that has raised and he, " kind of moved his body up a little When dete1·min.ing whether the forcible H 10 the ire of women's groups and prompted bit." Although she did not at any time compulsion element of 1·ape had been demonstrations against the Pennsylvania physically resist the defendant's advances, proven, the coUI1: looked to the respective Supreme Court. she continued to p1·otest. She responded, ages of the victim and the defendant, the Some would argue that the decision in "" no. ~'II mental and physical conditions of each, the Commonwealth v. Berkowitz' had very With the defendant positioned on top atmosphere in which the incident took place little to do with the definition of the word of the victim, he attempted to place his penis and the amount of cont1·ol the defendant "no." To the contrary, the victims of rape in her mouth. 12 She continually protested had over the victim. 22 In light of these would argue that this fundamental by saying, "no." factors, the court found that there was expression was rendered utterly sufficient evidence to suppo1·t a finding of meaningless by the decision. fter the attempt to place his penis "forcible compulsion. " 23 In Berkowitz, the Pennsylvania in the victim's mouth had failed, In Mlinarich, the adult gua1·dian of a Supreme Court was presented with the task the defendant locked the door from 14-year-old girl coerced the victim into A 24 of defining rape. Specifically, the court the inside. Testimony revealed that at this submitting to his sexual advances. The addressed the question of the precise degree time, the"[ defendant] put me down on the defendant told his minor victim that unless of force necessary to prove the "forcible bed. " 13 The victim further explained, "[i]t she complied with his sexual demands, she compulsion" element of rape. 2 wasn't slow like a •·omantic kind of thing, would be recommitted to a juvenile The facts of Berkowitz mirror but it wasn't a fast shove either." 14 detention center. 25 situations that occur all too often on college Continually, she responded, "no." The court held that the threat of being campuses. A female college student went to The defendant then removed the sweat 1·ecommitted to a juvenile detention center the dormitory room of a friend. 3 She pants and underwear from one of her legs did not supply the "forcible compulsion" knocked on the door and received no and penetrated her. Mter withdrawing, the element of the crime of 1·ape. 26 answer. defendant said, "Wow, I guess we just got Finding the door unlocked, she entered carried away." She responded , "No, we n Berkowitz, the court cited Rhodes for the room and discovered a man sleeping on didn't get caiTied away; you got carried the proposition that, " [ t ]he fo1·ce nec­ the bed:' Although she believed the man away. " 15 I essai·y to support a conviction of rape was her fl'iend, the young woman soon Based upon the victim's testimony, a and involuntary deviate sexual intercou1·se discovered that it was the defendant, jury convicted the defendant of one count need only be such as to establish lack of Robert Berkowitz. 5 of rape and one count of indecent assault. consent and to induce the [victim] to submit The defendant asked his unexpected The Superior Court of Pennsylvania without additional resistance. " 27 The court guest to stay, and a casual conversation overturned the conviction of 1·ape, finding then stated that "the mling in Mlinarich ensued.6 The defendant requested that the the evidence insufficient to p1·ove "forcible implicitly dictates that where there is a lack victim sit next to him on the bed. He also compulsion. " 16 The•·eafter, the Supreme of consent, but no showing of eithe•· physical requested that she give him a back-rub. Court of Pennsylvania g•·anted allocatur. 17 force, a threat of physical force, or Declining both •·equests, she took a seat on To dete1·mine whether the forcible psychological coercion, the "fo.-cible the floor. 7 compulsion element of rape had been compulsion" requirement under 18 Pa.C.S. 2 Thereafte1·, the defendant moved onto proven, the court relied on two prior § 3121 is not met. " B the floor next to the young woman and decisions, Commonwealth v. Rhodes13 and The court supported its conclusion by

22 JURIS Wimer 1995 Rape

force was utilized. What better way to show The Pennsylvania Legislature has defined rape as follows: that an individual is doing something against a victim's volition than by the § 3121. Rape victim's own response to the situation? A person commits a felony of the first degree when he It is important to note that the defendant in Berkowitz testified that the engages in sexual intercourse with another person not victim did not forcefully say no but moaned one's spouse: the word in a passionate manner. Even (1) by forcible compulsion; though the court must look at the evidence in the light most favorable to the verdict (2) by threat of forcible compulsion that would prevent winner-in this case the Commonwealth­ resistance by a person of reasonable resolution; it seems the court was influenced by this testimony. (3) who is unconscious; or More importantly, the victim never ( 4) who is so mentally deranged or deficient that such testified that any physical, psychological or moral force was used against her. person is incapable of consent. Therefore, it is not necessarily the outcome 18 PA. CONS. STAT. ANN. § 3121 (1984). of this particular case which has disturbed us, but the supposition that a victim's statements during an auack will not be given compat·ing indecent assault under 18 a determination of the "forcible any weight in determining what happened. Pa .C.S. § 3126 with the crime of rape. The compulsion" element of rape.·10 To the Therefore, one must focus on the court noted that the legislature did not use contrary, the Supreme Court of impact the decision has on future rape the term "consent" in defining rape, while Pennsylvania ignores any implication that cases. There are too many instances were consent was a part of the definition of a victim's oral admonitions may have on individuals find themselves in situations indecent assault. Therefore, the court such a determination. where they are frightened by an auacker. concluded that the "forcible compulsion" Some women may not have the ability element of rape necessarily entailed proving n effect, the court nullifies any to physically resist. However, according to more than a lack of consent on the part of communication that a victim may the holding in Berkowitz, women will now the victim. I have with her assailant by rendering be forced to do mot·e than say "no" in order Based on Rhodes and what was termed such comments meaningless as to the issue to protect themselves. the implicit dictate of Mlinarich, the court of forcible compulsion. The Supreme Court of Pennsylvania I concluded that a victim's continued The court in Rhodes postulated that has set a dangerous precedent in Berkowitz. objections-while relevant to the issue of the forcible compulsion element connotes In effect, the court is telling women that they consent-are not relevant to the issue of the act of using superior· force-physical, must physically resist unwanted advances. force. 2 ~ moral, psychological, or intellectual-to Women are no longer free to merely say Thus, the court held that the compel a person to do a thing against that " no. ')') prosecution in Berkowitz had not person's volition and/or will. 31 established the "forcible compulsion" It is contradictory to postulate that an Kristin Pieseski is a third-year day element under 18 Pa.C.S. § 3121. The individual's statements have absolutely student at Duquesne University School of decision of the Superior Court, as to the nothing to do with determining whether Law and serves as Senior Editor of Juris. rape charge, was affirmed. The court did fmd, however, sufficient evidence to sustain References the conviction for indecent assault. 16. Berkowitz, 609 A.2d at 1348. The controversy sut-rounding 1. CommortwerLlth v. Berkowitz, 6-U A.21f 1161 l i. Berkowitz, 641 A.2d atll62. Berkowitz is not necessal"ily a product of (Pa.1994). 18. Commonwealth v. Rhodes, 510 A.2d 1217 2. Berkowitz, 1\41 A.2d at 1162. (Pa. 1986). the outcome of the case, but stems from the 3. Berkowitz, 641 A.2d alll63. 19. Commonwealth v. Mlinarich, 542 A.2d reasoning the court utilized to reach its 4. I d. 1335 (Pa. 1988). decision . The proposition that the 5. I d. 20 . Rhodes, 510 A.2d nt 1218. Commonwealth must show more than the 6. I d. 21. Id. victim's lack of consent to prove rape is well 7. I d. 22 . Id. at 1226. 8. Commonwealth v. Berkowitz, 609 A.2d 13:38 23. ld. founded. (Pa. Supet·. CL. 1992). 24. Mlinarich, 542 A.2d at 1336. However, the proposition that the 9. Berkowitz, 609 A.2d at 1340. 25. Jd. utterance of the word "no" is not related to 10. Id. 26. Id. at 1342. the issue of forcible compulsion is 11. Id. 27. Rhodes, 510 A.2d at 122£• . astonishing. 12. ld. 28. ld. 13. Id. at 1340. 29. Berkowitz, 641 A.2d at 1164. The Superior Court acknowledged that 14. Id. .30 . Berkowitz, 609 A.2d 1347. an assailant's failure to heed a victim's oral 15. Berlwwitz, 641 A.2d at ll6.3. 31. Rhodes, 510 A.2d at 1227. admonitions is a factor to he considered in

Winter 1995 JURIS 23 Ca1npus N ezus

In teaching, Gormley draws on strong writing experience

By Jennifer Swistak

Professor Kenneth Gormley recently joined the faculty at Duquesne University School of Law as a tenure tt·ack professor. He had previously taught at the University of Pittsburgh School of Law for 12 years as both an adjunct professor and a visiting professor. His areas of specialty include Constitutional Law, State Constitutional Law, Civil Rights Litigation and Legal Writing. After g1·aduating Summa Cum Laude from the University of Pittsburgh with a Bachelor of Arts in Political Science and Philosophy, Gormley declined a full scholarship to the University of Pittsburgh School of Law to attend Harvard Law School. Gormley's first impression of Harvard was that it was an "enchanted place" filled with an abundant and wonderful history. To Gormley, Harvard Law's main attraction was the presence of Archibald Cox on the Prof•·~.,.,· K'-'JUH"Ih Gonuh.' y faculty. Photo By Gail L. Brannon Eventually, Gonnley became more than just a student of the man who was the first the current President of Duquesne stories to the now-defunct Pittsburgh Press, Special Prosecutor to investigate and University, to pilot the Mellon Writing the Pittsburgh Post-Gazette, Rolling Stone examine the Watergate scandal during the Program, an intensive program which magazine, The Boston Real Paper and Nixon Administration. focused on developing the writing skills of Rolling Stone Record Guide. While at Harvard, Gormley worked as minorities and older women. Writing always has been an p·eat a teaching assistant to Cox in the area of Gormley also spent a short time as a interest of Gormley's, as in 1977 he 1·eceived Constitutional Law. Cox became Go1·mley's clerk for Pennsylvania Supreme Court the Rolling Stone College Journalism Award mentor and also sparked Gormley's interest Justice Ralph Cappy, for whom Gormley and the Keystone Award for Journalism. in teaching. wrote opinions dealing with Constitutional Gormley believes writing is a great One particular memory Gormley holds 1ssues. discipline which ties other areas of life of Cox is the way Cox, who was one of the Additionally, he served as the Executive together, and he believes he has the most prominent professors at Harvard, Director of the Pennsylvania Legislative opportunity to influence people through always had time for his students and took Reapportionment Commission. While writing. One future goal includes expanding his role as an educator seriously. teaching at the University of Pittsburgh his writing from academics to mainstream Cox's imprint on Gormley is readily School of Law, he was special counsel to the audiences. observable with his students. Gormley is a law firm of Cindrich & Titus and practiced Gormley lives in Forest Hills with his teacher in every sense of the word. He is in the areas of federal courts, litigation, wife, Laura. The Gormleys welcomed a new concerned with students and is open and constitutional law and appellate practice. addition to the family this summer when a receptive to their needs. When walking While in practice, Gormley particularly daughter, Rebecca, was born on July 10, through the School of Law, Gormley is liked estate litigation, as it possessed an 1994. Gormley also has a five-yea1·-old always in the company of students, chatting exciting aura of intrigue and allowed him to daughter, Carolyn, and a three-year-old amicably. help end fighting between family members. son, Luke. Gormley began his legal career as a law Gormley said writing is one of his great When not teaching, Gormley enjoys a clerk to Judge Donald Ziegler of the United loves. He is working on a biography of Cox va1·iety of activities including basketball, States District Court for the Western and has completed a novel entitled "The running, boxing and playing the piano. District of Pennsylvania. Somerville Bar Review," which he hopes to Later, Gormley was recruited by Dean have published. Jennifer Swistak is a third-year day John Murray, then the Dean at the In addition to his numerous legal student at Duquesne University School of University of Pittsburgh School of Law and publications, he has contributed several Law and serves as Campus Editor ofJuris. I

24 JURIS Winter 1995 Faculty

Property, environmental and art law interest Spyke

By Jennifer Swistak Nova University Law Center appened Spyke's love of law school and the the most logical and convenient choice due academic atmosphere eventually led her to fter teaching as a visiting professor to its positive reputation and its location in a teaching position at Nova, where she at Duquesne University School of Fort Laude1·dale, where Spyke then resided. taught for four years . Although few A Law for the 1993-94 school year, While attending law school, Spyke's opportunities exist for ent1·ance into the Professor Nancy Perkins Spyke this year activities included a position as Associate field of legal education , Nova, a very joined the faculty as a tenure-track Articles Editor of Nova Law Review, progressive law school with a larger professor. competing in the Kaufman National Moot percentage of female faculty, provided Previously, Spyke taught at Nova Court Competition and achieving semi­ Spyke with a very comfo1·table backdrop to University Shepard Broad Law Center in finalist status in the Freshman Moot Com·t acclimate herself into legal education Fort Laude1·dale, Fla. as professor of legal Competition. environment. writing and as an adjunct professor. Her Graduating second in a class of 216, Professor Spyke 's desire to move into courses included Legal Research and Spyke joined the firm of English, a tenure track program guided her to Writing, Florida Constitutional Law and McCaughan & O'B,·yan in Florida. Having Duquesne. Last year, she taught Torts to Law and the Visual Arts. enjoyed property class in law school, she first year students, an opportunity she After graduating Magna Cum Laude concentrated her practice in estate planning found to be enjoyable and one of the best from Mount Holyoke College with a and probate. teaching experiences she encountered. Bachelor of Arts in Music, Spyke pu1·sued a Her interest in property law then led career in advertising. Unsatisfied with the Spyke to an associate position in the area of urrently, in addition to Art and the limited upward mobility available in the eminent domain with the law firm of Law and Legal Writing, Spyke advertising industry, Spyke decided to BriDgham, Moore, Gaylord, Wilson, Ulmer, Cteaches Federal and International attend law school. Schuster & Sachs, also in Florida. Legal Environment. Working in the area of eminent domain, Spyke was exposed to environmental issues, and she developed an interest in the international aspects of the legal environment. She is currently involved with the joint degree program Duquesne offers in obtaining a Juris Doctor and Master of Science in Environmental Science and Management, and she hopes to teach a course in State and Local Environmental Law in the future. Spyke resides in Highland Park with her husband, Tom, who works for Guttman Oil Co., and her two sons, 11-year-old Harrison and eight-year-old Grant. 1-la rrison and Grant, native Floridians, had the chance to see their first snowfall last winte1-. Other than the law, Spyke's interests include the theater and the arts, and she enjoys the deep cultu1·al tradition of Pittsburgh. For the present time, Spyke is content to teach, although she would like more opportunities to research and to publish and get involved with arts organizations. Although she does not see a return to advertising in her futm·e, she might consider consulting, and sees great environmental opportunities in the international arena.

Jennifer Swistak i.s a third-year day student at Duquesne University School of Law and serves as Campus Editor of Juris.

Winter 1995 ]URJS 25 I nternatio1zal

Duquesne Law forges international ties with Irish Justice

By Thomas A. Slowey internationally known expert in eonteact foe attorneys with five or less years of law and the law of international sales, will experience and $595 fo1· attorneys with In our· world, we are no longe r be one of the many prominent speakers at mor·e than five year·s of experience. Tuition members of our own co mmuniti~s and our· the conference. Other well-known speakers includes all lectures , ins truc tional own nation, because modern technology include professors of Law from the materials and 1·eceptions. An additional fee and the expansion of our business horizons University College Dublin and of $60 will be assessed for those attorneys have provided us with the opportunity to representatives from the European Union. seeking CLE ct·edits. All other expenses will become "citizens of the wodd." Classes at the conference will be be the responsibility of the individual To provide effective representation of presented in a comparative law format, participants. clients, lawyers must have a pr·esence that seeking to acquaint Amet·ican attorneys Various transpo1·tation options from transcends local and national events and with the basie laws and structures of the Pittsburgh, New York and Boston will be develop an awareness of the legal cultures European Union, as well as pointing out made available at a later date. Participants of the international community. fundamental similar·ities and differences of will want to ensure that they have a valid Duquesne Unive1·sity School of Law the United States legal culture. passpol't well in advance of the conference, will expand its own presence in the The course content is designed to meet because it often takes sevet·al weeks to have international community by co-hosting a the requirements of the Pennsylvania a passport issued. three-day conference during the summer Continuing Legal Education Board of the Attorneys interested in the European of 1995 in Dublin, Ireland. Supreme Court of Pennsylvania to provide Union Confet·ence and the Dublin Entitled "Eu1·opean Union Law: 12 credit hours of CLE, including one hour· experience will be asked to 1·egister by Feb. Where It Is and Where It Is Going," the of ethics, for· lawye r·s licensed in 1, 1995, by submitting their registration program is being jointly offered with the Pennsylvania. for·m and a non-refundabledeposi tof$150. pr·estigious University College Dublin to The subjects, all d ealing with the A brochu1·e including trave l allow American attor·neys to d evelop an European Union, will include: an overview arrangements will be published and mailed understamLng of the civil, commercial and of the laws and structures of the Union, shortly. In the meantime, inquiries may be investment laws of the European Union. comme1·cial law, employment law, di1·ec ted to Professor Maueeen Lally­ The conference will be presented June 27 competition law and policy, securities and Green, Room G-11, Duquesne University to 29, 1995, in Dublin, which was the banking laws. In addition, e thics fo1· School of Law, Pittsburgh, PA 15282-0702; European City of Culture in 1991. Pennsylvania attorneys will be offered. telephone (412) 396-5877; fax (412) 396- "American attorneys are increasingly The School of Law will host the 6294. 1·epr·esenting clients who are involved in conference at the J urys Hotel in center-city [n conjuuction with the confet·en ce, business in the member countries of the Dublin, within walking distance of many the School of Law also hosted Justice Hugh European Union," commented Professor of the historical landmat"ks and O ' Fiahe rty of the Supreme Court of Maur·een Lally-Green, who has heen governmental buildings of lr·eland. Ireland, who visited Pittsburgh fr·om Sept. instr·umental in the organization of the Duquesne has also made anangements 27 to Oct. l. Justices O'Fiaherty and conference. Indeed, the Em·opean Union for optional sightseeing tours oflreland and Flaherty also made a joint presentation is now the largest economic trading block a tour of some of the most famous golf entitled "Impressions of the Legal Systems of nations in the world. courses carved in the Dublin countryside, of It-eland and the United States" at the "\Ve are very fot·tunate to have such such as the European Club, Royal Dublin City-County Building in Pittsburgh. an outstanding partnu for this and Portmaenock golf courses. The conference offers a unique conference," added Duquesne University Tuition for the conference will he $495 oppol·tunity to lea1·n about the European School of Law Dean Nicholas P. Cafardi. Union and Irish cu.lture. The city of Dublin "The program allows us to continue to is the home to the Eighth Century Book of position ourselves in the international legal Kells , the General Post Office, where the community and as the leading law school The conference will 1916 rebellion occurred and the Guinness with an Irish presence." B1·ewery at St. James' Gate, the world's Pennsylvania Supreme Court Justiee be held June 27 to Jargest. The chance to explor:e Ireland and John P. Flaherty is likewise enthused that meet the people who inspired such literary the School of Law is co-hosting the 29, 1995 in Dublin greats as William Butler Yeats a nd James conferenee. " leeland is positioned both Joyce aUows each of us the opportunity to geogr·aphically and economically to play a and will address the take a step toward becoming a "citizen of vital r·ole in th ~ European Union, and European Econotnic the world." Dublin offers and ideal location for such a confe1·ence," Justice Flaherty said. Union. Thomas A. Slowey is an Adjunct Duquesne University President John Professor of Law at Dnquesne Uni·versity E. Murray, a professor of Law and an School of Law.

26 JURI Winter 1995 Brie_fs

School choice may be the tonic a Legal Briefs wounded school system needs Bernstein elected President of Law Alumni EDUCATION Association for 1994-95

Continued from page 8 Rohet·t Bernstein, managing pat·tner of Pittsburgh's Bet·nstein and Bernstein, P.C. has been elected pt·esident of the Duquesne U nivet·sity School of the best interests of its school children. 10 Law Alumni Association fot· 1994-95. A 1981 gracluate of the School of Law, Berstei.n is the authm· of Bernstein'S he assumption opponents of choice Dictionary of Bankruptcy Terminology, which is now in its thit·d printing. make is that there will be a mass He also set·ves on the Board of Govet·nm·s of the Cornmereial Law League of exodus to non-public schools. How­ T America and is a past chairman of the Bankruptey and Commercial Law Section ever, these schools can physically accom­ of the Allegheny County Bar Association. modate only a limited numbet· of students. Further, private schools are equally con­ cerned that they may be forced to deal with problems typically associated with inner­ Miller honored with American College of city schools. Education t·esearch suggests that Trial Lawyers fellowship school choice fosters active participation 11 by parents in the education process. The Duquesne Univet·sity School of Law gt·aduate )ames R. Miller has been increased investment of parental time honored with a fellowship from the American College of Trial Lawyet·s. results in increased student attendance, a A director with the Pittsbm·gh-based fit·m Dickie, McCamey & Chilcote, decline in behavior problems and better Miller was inducted dUI·ing the College's Annual Meeting of Fellows in September. academic pel'f01·mance. At Dickie, McCamey & Chilcote, Miller specializes in trial work associated with Toxic Tm·t and Medical Malpt·actice Litigation. 1 what about the idea of corporate The Amet·iean College of Tl'ial Lawyet·s is a national assoeiation of 4,800 schools? In the middle-class St. FeUows in the United States and Canada. The group's purpose is to improve the Paul suburb of Eagan, standanls of tl'ial practice, the administration of justice and the ethics of the Minnesota, there is a private elementary pt·ofession. school run as a business by the for-p1·ofit company Education Alternatives, a 1986 spin-off of the multibillion dollar corpo­ ration Control Data. 12 Attorneys employed by firms serving There are ample supplies of books, computers and other teaching materials. pharmaceutical companies have highest Students are doing quite well ..Attendance is up. There are no strikes, and those 1ncon1es teachers who do not perform or have hid­ den agendas get pink slips, just like in the Attot·neys employed by chemical, phat·maeeutical, plasti(~, and ntbbet· private sector. product manufactm·et·s have the highest median income among corpm·ate What all of this may be indicating is attm·neys, aecording to a study done by Abbott, Lauget· & Associates of Crete, that there is no singular "best" kind of ll!l. school for all students or teachers. We need Aeconling to the study, those attot·neys t·eceive a mediam compensation of to provide as many educational opportu­ $119,700 annually. Other high-paying corporate attorneys include those in the nities as we can. fields of pett·oleum, coal and natural gas industries: $111,263; electrical and electt·onies pmduct manufactm·ers: $108,000; communication services: $107 ,600; Glenn E. Camus is a fourth-year and aet·ospaee and ain~t·aft product manufaeturet·s: $105,900. evening student at Duqnesne University Among the lowest paid attonteys at·e those in state and local government: School of Law and serves as Articles $36,204; paper pt·oduets, }Jl'inting and publishing: $60,650; and pl"imary metal Editor of .Juris. industl'ies: $74,000.

Wimer 1995 }URIS 27 Ahunni Netus Clowning around Alumna julie Strauss translated her law experience at Duquesne University into a post as Vice President and Corporate Counsel at Ringling Bros. and Barnum& Bailey Combined Shows, Inc. By Amy Zamborsky Strauss finds For most of us the words "The Greatest Show on Earth" conJure up mental images filled with clowns, elephants, popcorn and sawdust; and herselfjuggling childhood memories of a magic place where the air is electric, thick with laughter and suspense. responsibilities as As a child, you may have dreamed of running away to join the circus. Many of us did after a particularly thrilling visit to the big top. But a wife and mother then we grew up and attended law school instead. with her role as Julie Alexa Strauss, however, apparently became confused somewhere along the way. She went to law school and then she joined the circus. legal adviser to the " Life's a circus" -these wot·ds have a After college, Stt·auss attended the gt·eater meaning for Strauss than for most Duquesne University School of Law. An As­ Greatest Show on of us who t·epeat them when life gets hectic. sociate Articles Editor fot· The Duquesne For Strauss, vice president and corporate Law Review, she graduated in 1984. Earth. counsel for Ringling Bros. and Barnum & Strauss attributes h er current success Bailey Combined Shows Inc., life truly is a to het· studies and to het· early work in a law cit·cus. firm. Her study of Spanish has been par­ ticularly invaluable working for the circus, tt·auss started on her way to the Big especially in the area of immigration law. Top in 1981 when she was graduated Strauss also praised the education she Scum laude from Dickinson CoiJege received at Duquesne stating that with a major in Political Science and a minor "Duquesne deserves more credit than it gets in Economics. from its students. UCC, Corpot·ations-best 1

28 JURIS Winter 1995 Lije In The Circus

that could have happened . Duquesne did us circus has successfully lobbied for changes all well even though we didn't appreciate it." to the immigration laws that are known col­ Introducing Stt·auss believes he•· p•·evious wot·k in loquially as the "Ringling Exemption." a law fit·m , especially her experience with a While these immigration issues do con­ Class Notes! mentor within that firm, offered her a dif­ sume a gt·eat deal of time, animal issues also ferent and more practical type of learning. require a lot of tracking at the state and fed­ Strauss ct·edits this early w01·k in a tradi­ et·allegislative levels, Strauss added. Beginning with the next issue, tional legal setting as helping to pt·epare her juris will begin publishing the fot· corporate life and for dealing with out­ s a wife and mothet· of two, Sti·auss' news and other information side attorneys. daily life is often a balancing act. you want your former class Strauss charactet·ized corpo•·ate work A Het· husband Jeff, also in the entet·­ as "challenging, hard wot·k." There is a pet·­ tainment industry, w01·ks as a television pro­ mates to know. Just fill out ception, she added, that corporate work is ducer. They have a four-year-old son, this form and tell us about easier than working fot· a law firm. This is David Alexandet-, and an eight-month-old marriages, births, other not so, she said, because most of the work is daughter, Jenna Alexandt·a. done in-house and must be cost-effective. Sometimes, juggling responsibilities can academic degrees, career be as difficult as stuffing clowns into a advances and publications! anaging the caseload for the Volkswagen . Ringling Bt·os. legal department "To w01·k full time and be a full-time M t·equires tremendous concentra­ mom is hard, but the rewat·ds at·e gTeat," Name: tion and can be as difficult as Lion taming. she said. "It's hat·d foe a woman to have a Much of Strauss' work focuses on substa n­ child and get up and go to work unless yo u tive Law, something that corpot·ations have enjoy your job. But if you like what you are not historically done in-house. doing and [you] are challenged, it's good for Year of graduation: Intellectual property, licensing agree­ you and the kids." ments, slip and falls, immigration and lob­ "Making it work for you is the best way bying are just a few issues that appear in to go," she said. With the recent bit·th of the center t"ing. While the wot·k pt·oceeds at her daughter, Stt·auss woeked full time at I'd like the alumni of a fast pace, the attorney sees the •·esults im­ home. She feels that the home office is the Duquesne University School mediately. "wave of the futut·e." of Law to know: The plethora of issues created by the Stt·auss enjoys wot·king for the cit·cus five simple words, "The Greatest Show on and often finds het·self at the arena and Eat·th," keep Strauss busy. The intellectual sometimes even on the top of an elephant. property work the circus' slogan generates Her perception of the circus is that it is a keeps everyone on their toes. close-knit, family oriented unit. Ringling Bt·others maintains a stt·ong She finds a cohesive, friendly and close and active enforcement effort in the intel­ wodung relationship at Ringling Bros. lectual property area. The department has Stnuss cautions students that life un­ made strides in the administrative enforce­ det· the legal Big Top is not necessarily as ment of t·egula tions applicable to the use of dangerous as a wa] k out on the high-wire. its slogan. "Prove yom·self, be dedicated and do good "The slogan is the company's most wot·k. After you show an allegiance to [ your important asset," Strauss said. "Over 100 employer], then you can expect the years old, the slogan is synonymous with reciprocal." Ringling Bros. and Bamurn & Bailey and Stt·auss' advice for law students is to can be follDd on aU of om· ads." "enjoy law school because it goes so fast." Bt·inging immigration work within the She offered that students should be "less scope of the legal department's duties is one concerned with grades and more with of Steauss' many successes, and one in which absorbing and fo cusing on what they aee she has demonstrated that thet·e "can be an learning." expert in-house." Finally, Stt·auss beli eves you can suc­ The circus has two traveling shows with cessfully " blend pwfessional and pet·sonal, Send this form to: many for·eign pedot·mers who generate a it's all in the appropt·iate a ttitude." JURIS huge volume of immigeation wot·k. School of Law Additionally, Ringling Bt·os . produces ice Amy Zamborsky is a fourth-year evening Duquesne University shows fot· Walt Disney, which also provides student at Duquesne University School of a sizable amount of immigration work. Law and is a former Editor-in-Chief of 900 Locust St. Strauss is pleased with the success of Juris. Pittsburgh, PA 15282 Ringling Bt·os.' legislative initiatives. The

Winter 1995 JURIS 29 Alun1ni N ezos A Winning Attitude Alumnus William Costopolous translates his outlook on life into proven results in the courtroom. He recently used those tools in the high-profile impeachment proceedings offormer Pennsylvania Supreme Court justice Rolf Larsen.

By GeraJd W. Yanity

While all good lawyers rely on skill, preparation and creativity at trial, winning lawyers always possess one subtle characteristic: Attitude. Perhaps no Duquesne Unive rsity School of Law graduate exemplifies a winning attitude better than William C. Costopoulos. Lately, his name has regularly appeared on the front pages as the attorney for embattled former Pennsylvania Supreme Court Justice Rolf Larsen. On Oct. 5, Costopoulos appeared at the Duquesne University School of Law to address students. For Costopoulos, it was a sot·t of homecoming, a nd he marveled at the drastic physical changes which have taken place on campus since his days as a student. Costopoulos was graduated from Dickinson CoUege in Cadisle, Pa. Mter serving in the U.S. Army; he came to Duquesne as a law student in 1968. He said that while the School of Law's location and appearance had changed, the high quality of a legal education at Duquesne had not. Valedictorian of his class and Editor­ in-Chief of the Duquesne Law Review, the 1980 "666" Pennsylvania Lottery fixing matter dates back to a phone call on a Costopoulos was graduated in 1971. He scandal and the Jay Smith murder case, March evening in 1993. "I was working set his sights on the hallowed ivy-covered which was made into the television mini­ out at the gym-which is stressful halls of Harvard. series " Echoes in the Darkness." enough-when I was told that a " I wanted to see how it compared to But perhaps Costopoulos' greatest P ennsylvania Supreme Court Justice Duquesne," he said. notol'iety has come from representing was on the phone for me," he t·ecalled. Costopoulos earned his LLM in Ju s tice Larsen during his t·ecent At first, Costopoulos believed that Criminal Justice from Harvard, but impeachment trial in the Pennsylvania the phone call at the gym was just a ct·edits Duquesne with nurturing his self Senate, the first conducted in that chamber clever joke. But a few hours later, confidence and " romantic relationship" since 18ll. Costopoulos phoned the justice and with the law. " A trial on the Senate floor is a discovered that this was no joke but one Costopoulos began his legal career memo1·able event," Costopoulos told of the greatest opportunities of his with the Dauphin County District assembled students, "because it is conducted career. Attorney's office. Since 1973, he has been without rules, without authorities and Costopoulos believes it was his in private practice and has handled a without a burden of p1·oof." winning attitude that most impressed number of high-profile cases, including Costopoulos' involvement in the Larsen Larsen.

30 J IUS Winter 1995 De.fense 0./A Justice

Costopoulos, who lacked political connections with Harrisburg legislators seemed to be the perfect choice. "I only knew one person in the Legislature-the cook!" he quipped. The first challenge for Costopoulos in the Larsen case was the criminal trial held in Allegheny County Court of Common Pleas, where the justice was chaeged with 28 criminal counts. "I always think I can win, but once the media enters, the rules change," he explained. Costopoulos indicated that in high profile cases in which the media plays a significant role, the stakes go up. He pointed to the prosecution's request for a 23-month jail sentence as an example of "the media clamoring in front of the cameras. These weren't criminal charges, they were political, and without the media, this would have been ... an [Accelerated Rehabilitative Disposition] case." The Senate was under tremendous political pressure to convict Larsen of something, whether or not the evidence supported such a verdict. Larsen was acquitted on six of seven articles of impeachment. "The Senate made a good faith effort to render a fair verdict," Costopoulos said. "They could not find him guilty of misbehavior in office. They should not have found him guilty of Count 2 [improperly contacting a Pittsburgh attorney regarding a case], but this was a political trial." Costopoulos said that he believes the public wanted to have Larsen removed despite the lack of evidence to support a Costopoulos pointed to Larsen's innocence, Costopoulos told the crowd conviction. emotional near-breakdown on the witness of future lawyers that they will not When asked why Larsen decided not stand during the Senate trial when the always have the luxury of knowing their to end the rna tter by resigning from jurist was asked about his four-year-old clients are innocent. Even in the face of office, Costopoulos said that the former granddaughter. Larsen's reaction, such adversity, a lawyet· still must have justice believed in his innocence. Larsen Costopoulos said, was an example of his a winning attitude. wanted no part of any political "deal" resolute deter·mination to cleat· his name "When you say 'yes' [to a client who which would allow him to leave office in for the benefit of his family. confides his guilt], you still have to give exchange for dropping the charges. Although convinced of Larsen's it your all. You can't sell short," he said. "FoL" eveey waking hour you spend on the job, you will spend many more with Costopoulos said the Senate made a good faith yourself, and that's who you've got to effort to render a fair verdict in the Larsen live with." impeachn1ent case even under tremendous Gerald W Yanity is a third-year day student at Duquesne University School political pressure to convict Larsen of something. of Law and serves as Managing Editor <:?[Juris.

Winrerl995 ]URIS :$ 1 .. .Continued

Death Penalty Advances in Career A student also teaches Project ends Services Office TEACHING

PROJECT make job searches Continued from page 9 easier even as the Continued from page 13 This becomes very annoying for my market is tight family because they miss half the show when This action proved prescient. In the five I jump up and exclaim that there is more to months before the 1990 November election, the tet-m quasi contract than the sole fact that Gov. Casey signed seven execution warrants. CAREER it is not a real contract. I continue on, giving This was no doubt purely cynical them a detailed explication of the word or politics. He never signed that many before, Continued from page 15 phrase. and has not signed that many since. In any Lately, some of my freshman students event, the Project has been involved in A Lexis and Westlaw computer have have refused to use a few terms correctly as providing assistance to the volunteer been installed to access diffet·ent databases well. They tum in papers with spelling errors attorneys in all warrant cases. fol" job opportunities. Cat·eet· Services has and stare at me blankly when I tell them that In recent years, monitoring death row scheduled a rept·esentative fl"om each "alot" is not a word. And, of cout·se, some has itself become mot·e or less a full-time company to conduct a monthly training use the nonexisting word again and yet again commitment of the Pt·oject. Pam needed to session for interested students. The CSO on subsequent papers. know what recent case law held and how it also has acquired a fax machine to allow a At least I feel that I have leamed from affected other cases. She also prepared quicker turn-at·ound when students them. They have taught me not to make the fot·ms for students to go back through old l"espond to employers. same mistakes on my papers. They have cases in order to identify potential issues and In addition, CSO will hold symposiums taught me to come prepared and to pay to analyze the case itself. on the topics of a well-rounded law student, attention to my professors in class. More These forms proved invaluable later, how to run fot· political office, how to use importantly, they have taught me that with the often pressure-filled deadlines of the offices Downtown, and how to set up professors do not make any money from warrant litigation. With the coming of the your own law office. their jobs and therefore must be in it fot· the Resource Center, the monitoring project is The Career Services Office should be shear enjoyment of teaching. closing as well. used as a tool to empower the student to They really are great kids. They just live While the Allegheny Death Penalty find a job. Plenty of t·esume, covet· lettet· in outet· space . They have not become Pt"Oject was operating, Dean Sciullo and and thank-you letter writing books are accustomed to their new atmosphet·e. The othet· Professot·s would frequently suggest available, as weU as the advice of Suzanne upperclassmen in law school keep telling us that the Project become a fot·mal school McClure, the Assistant Director of Career fit·st-yeat· students that we will not know clinic. That way students would receive Services, on writing styles. what is going on until Thanksgiving. I tell my freshmen the same thing. Once academic credit and I could count the holll·s Further, the updated job search they become acclimated with the campus, I spent as part of my teaching load. A few manual gives a detailed outline of the years ago, Temple University School of Law their professot·s and college life in genet·al, resout·ces available in Cat·eer Services. did that very thing. they will be able to bt·eathe easier and truly Other seminars that will be offered tht·ough I always resisted these proposals. In my feel comfortable in their new surroundings. the Career Services Office are lectures on mind, the Project rept·esented It appeat·s now, as I look back at my resume writing and interviewing. service, not study-practice, not fit·st-year law experience so fat·, that I never A law degree is versatile. A graduating preparation. I did not wish the formal really moved from outer space. I, like my student needs to realize that practicing law leam.ing of students to be a consideration. I ft·eshman students, feel as if I am floating in is only one possibility available to lawyers. wanted senice to the client and to the a stt·ange new world, a world that has opened Law school has prepared its graduates for profession to be the only thing that mattet·ed. new ideas, thoughts and yes, questions. The students always undet·stood this. careers in areas other than litigation. I have become engulfed in an Their efforts tht·ough the years, whethet· The law school expet·ience has atmosphet·e that dedication and hard wot·k large or small, were always a matter of giving enhanced a graduate's knowledge and has will help me compt·ehend. It is a wodd that of themselves. prepared him or her for positions that I will one day be able to live in without the They wet·e always helping the legal require a highet· degree of education. A protection of my legal dictionat·y. I look profession live up to its own ideals. They Juris Doctor can only expand the forward to the day that this unfamiliar world nevet· wanted, nor received, anything in opportunities afforded to a gt·aduate of jurisdictional questions, torts and return. regardless of whethet· the student decides consideration will not be so bizarre, so As the Pt·oject closes, I will take the to practice law. cliffet·ent and so, well, foreign to me. memory of theit· set·vice with me. Erin Larabee is a third-year day Mary R. Castelli is a first-year evening Bruce Ledewitz is a Professor of Law student at Dnquesne University School of student at Duquesne University School of at Duquesne University School of Law. Law. Law.

32 jURJS Winter 1995 Hun1or

From the Back Row...

By R. Judicata

Well, it's that time of year again. While some soon-to-depart third year day and fourth year evening students have received many generous job offers and leave them lying around like so much leftover Halloween candy, some of us less fortunate neophyte lawyers are hoping that Aunt Patty comes up with her usual crisp ten dollar bill at Christmas. How can you tell the difference between the "haves" and the "have nots?" We here at ]uris have put together the following guide to help you:

Those who got jobs... Those who did not get jobs...

l. Parents say, "You've made us very proud, son." l. Parents say, "Clean up your damn room."

2. Take two week trip to the beach. 2. Take a trip to the beach and become a lifeguard.

3. Enjoy Penguins games from a luxury box. 3. Drive the Zamboni.

4. Lease a new Acura. 4. Borrow Grandma's ' 73 Dart.

5. Are seen on Grant Street talking on a cellular 5. Are seen on Grant Street talking to the Caligiuri phone. statue.

6. Make the news. 6. Deliver the news.

7. "Your honor, I intend to prove that my client is 7. "Your honor, we assure you that your table will be innocent." ready shortly."

8. Wear a Brooks Brothers suit to work every day. 8. Wear a paper hat and name tag.

9. Relatives say, " Now we have a lawyer in the 9. Relatives say, " No. For the last time I don't want family." any insurance.

10. Have a few spare minutes to read ]uris. 10. Have hours and hours to read ]uris.

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