et al.: Law Alumni Journal UNIVERSITY OF PENNSYLVANIA Winrer /975 Volume XI Ttll Number 2 IJ\W1\LU!\n JOUR[

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Louis H. Pollak, Albert M. Greenfield Professor of Human Relations, History and Law, has been named Dean of the Law School. The appointment, announced by University President Martin Meyerson, was approved by the Executive Board of the Trustees at its December 8, 1975 meeting.

Dean Louis H. Pollak

Just as this issue of The Law Alumni Journal goes to Jr., a distinguished alumnus and one-time member of press, I have learned - and hereby report to you - of the the Faculty. In short, the new class is well on its way to impending departure from the School of two dis­ Jawyerdom. tinguished faculty members who will be sorely missed: We have also welcomed a number of new members Professor - and former Dean - Bernard Wolfman, of the Faculty. Additjons to the regular faculty are '48, has accepted an invitation to join the Faculty of the Henry B. Hansmann, Ralph R. Smith, and Clyde W. Harvard Law School, effective next fall. Summers. Assistant Professor Hansmann, who receiv­ Vice-Dean Frank N. Jones has been prevailed upon, ed his J.D. from Yale in 1974 and who is also a by the Board of Directors of the National Legal Aid candidate for the Ph.D. in Economics at that and Defender Association, to resume his former post University, is interested in the intersections of law and as Executive Director of NLADA. economics. Assistant Professor Smith, a 1972 J.D. Because the inside pages of this issue of The Journal from U.C.L.A., who since that time has been a are already at the printer, there is today neither space Teaching Fellow at Harvard Law School and an nor time to give adequate expression to the extraor­ Assistant Professor of Law at Boston College, is a dinary contributions Professor Wolfman and Vice­ specialist in Corporation Law. Professor Summers Dean Jones have made to this School. This will be comes to us from Yale where for twenty years he has remedied in the next issue of The Journal. For the been one of the nation's leading scholars in the field of moment, it must suffice simply to record -on behalf of labor Jaw. the entire Law School and University communities - The visiting members of the Faculty are Murray L. our gratitude and warm best wishes to these two Schwartz and Stanislaw Soltysinski. Professor leaders of this School. Schwartz, who graduated from this Law School in 1949, has been teaching at U.C.L.A. since 1958 and last End-of-term examinations start tomorrow, which July I, completed six years as Dean of that Law means that the 1975-76 academic year is already almost School. On sabbatical leave from U.C.L.A. this year, half gone. It is a season when staff and faculty and he is at Pennsylvania for the fall semester, teaching students alike are thinking with increasing eagerness courses in two of his fields of expertise, legal profession about the up-coming holiday recess. Especially this is and criminal procedure. Professor Soltysinski, whose so for the entering class, who have now begun to realize academic base is the University of Poznan, is spending that the first term of law school can be survived -and the fill academic year at Pennsylvania, ofseri g courses may, just possibly, turn out to be an intellectually in comparative law and socialist law. productive experience. This fall the University has formally announced its The entering class - the Class of 1978, two hundred long-awaited drive to raise $255,000,000 in the coming strong - maintains the welcome trend toward greater five years. Although the Law School is a participant in diversity: 30 percent of the class are women, 18 percent the University-wide development campaign, the Law are members of minority groups; they come from 26 School actually initiated its part of the campaign in states and from 82 colleges. The class also continues 1972; and, under the vigorous leadership of Carroll R. the trend toward academic excellence; although Wetzel, Robert M. Landis, Dean Wolfman, and median LSAT scores are down from the previous year, others, the School has already harvested $2,600,000 in the median undergraduate grade point average of the gifts and pledges, bringing the School's endowment to new matriculants is higher than that of any class in the more than $4,000,000. But to provide an adequate level Law School's history. of endowment and of term funds, the School needs - Last August, on registration day, the Class of 1978 and, with strong University support, will seek to raise ­ was welcomed to the School and the profession by our at least $5,000,000 in additional funding by 1980. eminent and beloved emeritus colleague, Clarence Morris. Three weeks later, at the traditional first-year December 8, 1975 luncheon, which formally marks the entry of a new class, they were again welcomed to the profession-this time by Watergate Special Prosecutor Henry S. Ruth, https://scholarship.law.upenn.edu/plj/vol11/iss2/1 2 et al.: Law Alumni Journal

UNIVERSITY OF PENNSYLVANIA Ttle lAWAL U/\nl JOUQ[W_ Contentr Symposium 4

Featured Event 6

A Visitor from Poland 9

Conversation with ... Professor Robert H. Mundheim I I

S.l :To Be or Not To Be? 16

"I Have Promises to Keep . . . " 19 Ned Wolf

Informed Consent The Patient's Right to Know 24 Marlene F. Lachman

The Faculty 29

Alumni Briefs 31

End Notes 34

Editor: Libby S. Harwitz The Law Alumni Journal. University of Pennsylvania Law School. 3400Chestnut Street, Philadelphia, Pennsylvania, 19174, published by The Law Alumni Society for its members. Volume XI Number 2 Winter 1975

Director of Alumni Affairs Secretary: and Development: Katherine Merlin Lloyd S. Herrick

Photography Credits: Frank Ross Ned Wolf photos Mike Rosenman Counesy The Philadelphia Inquirer

Design and Layout: Production Editor: Severino Marcelo Deborah Klein

Published by Penn Law: Legal Scholarship Repository, 2014 3 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

4

Professor Levin and Judicial Attorney General Will Not 1975 Keedy Cup Finals Reform Deliver Roberts Lecture in '76 The final argument for the Keedy Professor A. Leo Levin has return­ Cup was held November 18, 1975. ed to Penn Law School having With regret we note that Edward The bench consisted of Justice completed his two-year task in H. Levi, Attorney General of the Rehnquist (presiding), Judge Coffin Washington as Executive Director of United States, will be unable to of the First Circuit, and Judge the Commission on Revision of the deliver the 1976 Owen J. Roberts Hufstedler of the Ninth Circuit. Federal Court Appellate System. Memorial Lecture as previously an­ The two hypothetical issues argued The Commission, in its report, nounced. in front of the United States Supreme recommends significant changes in Court were (I) whether the Fourth the judicial system, most notably the commission is the establishment of a Amendment (Exclusionary Rule) establishment of a National Appeals Lawyers Advisory Committee-a should be modified to admit evidence Court, which would expedite matters group of judges, practitioners, and seized under an invalid search ob­ more efficiently, standardize legal others who are engaged in teaching tained and executed in good faith by precedents, which often vary from and research-to provide a forum for officers conducting the search, and one circuit court of appeals to continuous study of internal (2) whether, in a federal habeas another, and prevent repetitive litiga­ operating procedures, to serve as a corpus proceeding, state criminal tion of lawsuits on the same issue by conduit between members of the bar defendants may raise search and resolving conflicts between circuits and the court for the exchange of seizure contentions that have been after they have developed, thereby information on subjects of mutual fi nally adjudicated against them in avoiding them for the future. The concern, and to make recommen­ the state courts. main argument for the creation of the dations to the court on any subject National Appeals Court is that it affecting the administration of justice would relieve the burgeoning number in the circuit. Interested in Teaching Law? of cases already being brought to the The Third Circuit has created such overworked Supreme Court. This a committee at the recommendation Professor Curtis R. Reitz has been problem is not likely to improve with of the Commission. Penn Law assigned by Dean Pollak the time since, in 1951, about I ,200 cases Alumni Henry Sawyer, L '47, Stan­ clearinghouse function of keeping were fi led with the Court; presently, ford Shmukler, L '54, and Judy N. track of mqumes and an­ the number has risen to 4,000, and Dean, L '67, and faculty members, nouncements of openings for the Court does not have the capacity Professors A. Leo Levin and David teaching positions at various law to hear more than 150 cases per term. Rudovsky, have been appointed to schools. He will respond by submit­ One of the many recommen­ that committee to serve two-year ting lists and brief biographical notes dations suggested by Levin and his terms beginning December, 1975. to schools requesting teaching can­ didates. Alumni interested in benefiting from this service offered by the Law School should write or telephone Mr. Reitz. https://scholarship.law.upenn.edu/plj/vol11/iss2/1 4 et al.: Law Alumni Journal

Symposium 5

Clerkships 1975-1976

Thirty-four alumni of The Law State Courts School are serving as law clerks Superior Court of Connecticut during the current academic year . Of All judges of the Superior Court of this number, thirty-one are gr aduates Fairfield County of the Class of 1975. The classes of Myles J. Horn those who are not are given in the list Superior Court of District of Colum­ that follows. bia Judge James A. Belson United States Supreme Court: Michele C. Moss Spritzer and Bender Headed Associate Justice Thurgood Mar­ Supreme Court of Florida for the United States shall Justice Arthur J. England Supreme Court Kevin T. Baine, L '74 Michael P. McMahon Associate Justice Stanley F. Reed Superior Court of New Jersey Christopher R. Lipsett, L '74 Ralph Spritzer and Paul Bender, Associate Justice Byron R. White Judge Samuel D. Lenox Michael J. Nizolek Professors at the Law School, will John W. Nields, Jr., L '67 Administrative Ofice of Penn­ continue to serve as Special Counsel f United States Courts of Appeals: sylvania Courts to the Federal Elections Commission First Circuit in the case of Buckley et a/. v. Va/eo Judge Alexander F. Barbieri Judge Frank M. Coffi n Michael L. Seabolt et a/. when it is heard in the United A. Reed Witherby Supreme Court of Pennsylvania States Supreme Court this fall. The Th ird Circuit case involves the constitutionality of Justice Samuel J. Roberts Judge Arlin M. Adams Michael C. Kelcy the Federal Election Campaign Act David E. Battis Superior Court of Pennsylvania of 1974, which established limits on M. Duncan Grant Judge J. Sydney Hoffman campaign contributions and expen­ Judge John Biggs, Jr. Stanley N. Griffith ditures and provided for public Stephen R. Berry Judge Edmund B. Spaeth, Jr. Judge James Hunter, lii financing of presidential elections. Carole H. Schoenbach P. Alan Bulliner Obviously, the Watergate ex­ John D. Sharer perience has made the creation of United States District Courts: Common Pleas Court of Penn­ new campaign practices very Delaware sylvania necessary; however, the challengers Judge James L. Latchum Judge Edward J. Bradley (Phila­ to Spritzer and Bender contend, John W. Noble delphia) among other things, that the Judge Caleb W. Layton George A. Thornton provisions of the Commission un­ Thomas Gary Judge Paul M. Chalfin (Phila­ New York (Southern) delphia) constitutionally intrude upon the Richard I. Lavine First Amendment rights of fr eedom Judge David Edelstein Judge David E. Groshens (Mont­ of speech. Jerome D. Snider gomery) Professors Spritzer and Bender Pennsylvania (Eastern) Stephen E. Scott successfully represented the Com­ Judge Louis C. Bechtle Judge Jay W. Myers (Bloomsburg) Robert Spielman mission when the case was heard en Frank H. Sherman Judge Edward R. Becker Judge David N. Savitt (Philadelphia) bane last June by the Court of Jeffrey E. Steiner Lee A. Nell Appeals for the District of Columbia Judge A. Leon Higginbotham, Jr. Judge Harry A. Takiff(Philadelphia) Circuit. Brenda S. Spears Joan D. Katz Judge Joseph S. Lord, lii Judge Alfred T. Williams, Jr. Michael D. Green (Northampton) Lawrence J. Kucy United States Tax Court Orphans' Court of Philadelphia Judge C. Moxley Featherston Judge Judith J. Jamison Jack M. Feder Suzanne C. Buechner Judge Theodore Tannenwald, Jr. Alan T. Cathcart

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6 featured lvent

Address to the First Year Most of you will wear caps and early orman times, when a king shortly after 1066 became vexed with Class gowns, some of you will decide that the regalia is not worth the price, and a disruptive evil. His annoyance September 2, 1975 a few of you won't even come. One arose out of an error, at least in the member of your class will be king's view, of knight-errantry. Some by Professor Emeritus designated as President, and he'll get fe udal lordlings, commanding armed Clarence Morris up and tell you about the faculty's bands, enjoyed from time to time Editor's Note: Professor Emeritus shortcomings. raiding their neighbors' manors and Clarence Morris joined the Penn The start of law study is an exciting carrying off loot and hostages. A new Law Faculty in 1952. Prior to this, he time. I want to talk to you about law of what was to become a nation spent one year as a Brandeis learning legal expertise. Now, lear­ and had not yet become one grew out Research Fellow at the Harvard Law ning expertise is not learning law. of the issuance of writs of trespass School, served on the law fa culty of When you came here this morning, issued by William the Conqueror or the University of Wyoming fo r a you already knew a great deal of law. one of his early successors. The writ number of years-two of them as You know about your obligations to of trespass produced many rules of Acting Dean-and was Professor of pay for your purchases, to stop at red law. I, however, shall talk about one Law at the University of Texas fr om lights, to keep your hands off of other single aspect of it. 1939-1952. Mr. Morris was a Fellow people and their property except on A simple and easy-sounding rule at the Center fo r Advanced Study in appropriate occasions. (The border­ deals with unauthorized entries on the Behavioral Sciences in Palo Alto. line of propriety of touching people is land. The rule goes this way: Every California, as well as Visiting not always too clear). unauthorized entry onto the land of Research Professor at Cambridge The onset of learning law-as-a­ another is a trespass quare clausum University in England in 1969. craft is somewhat unsettling; beware fr egit. You can say this rule glibly (if Professor Morris has published of believing that it will be clear and the Latin doesn't scare you), and numerous works on a variety of easy. The language of lawyering can when you have acquired a stock of subjects, which include torts, legal be but often is not the application of rules, you can make a noise like a philosophy. Chinese legal thought, easily understood rules, clearly just lawyer. A capability in talking law is and the judicial process. and obviously applicable to fully not a great accomplishment. Let's known facts. advert to the application of that rule, I think, as I look around, that the I want to be as historical as was the maintaining our historical posture. next time you will be together at this Dean in his speech. May I go back We'll go down to Society Hill (where spot, weather permitting, will be even fa rther than he to give you a the Constitution was drafted) and graduation day, 1978. I hope you all short sketch of the origin, growth, suppose a law suit arising, in 1775, will be here. I intend to be. It will be a and application of a seemingly simple out of these facts: Mr. Plaintiff and great occasion on which you are rule of law to a minor case? The rule Mr. Defendant are suitors for the transformed into doctors of law. I'm going to talk about originated in hand of a comely maid. Mr. Plaintiff https://scholarship.law.upenn.edu/plj/vol11/iss2/1 6 et al.: Law Alumni Journal

Featured Evellf 7

wins her and builds her a home on you knew your proof, the most you Society Hill. On the south wall is a could say to the client was that he nice bay window. . Mr. Defendant, probably had a good claim. peeved and maybe a bit imbued with Thereafter, you would exercise legal spirit, approaches the couple's house talents in learning the facts. And even on the first night of their residency. though you knew the unauthorized Defendant, while standing outside entry rule (because some teacher had the boundaries, throws a brick-or a drilled it into your head or you had cobblestone more likely-through learned it on your own) you would the bay window. Now we'll send two study the authorities so that you lawyers to court to try the lawsuit could argue that the unauthorized that grows out of this event. The entry rule applied to such a case as question they argue is whether or not this. the defendant has committed "an Assuming that you were satisfied unauthorized entry." The defendant that you had a fa irly good chance to raises the issue by moving for a succeed in court, you would demand nonsuit-a form of proceeding a settlement. Would you obdurately calculated to win a dismissal if it demand 100 percent of the claim's succeeds. He argues that since the worth and threaten suit if that defendant didn't step over the boun­ demand was not met? Your fee for a dary, he committed no unauthorized settlement might be a little lower than entry. Whatever else the defendant the compensation you would get for a did does not matter. The injured judgment for damages based on the plaintiff, he says, has brought the cost of fixing the window plus wrong form of action. Plaintiff, in punitive damages for conduct so answer, contends that this rowdyism outrageous as the defendant's. is much the same as a feudal foray, Nevertheless, you probably would and, therefore, the court ought to not demand the last dime that a jury classify the defendant's conduct as a would give. At least you wouldn't quare clausum fr egit. stand by such a demand for very long Now the decision in this case, I if there were a possibility of a think, is clearly one that will go for substantial settlement. the plaintiff because of the law's good Litigation costs time and money, sense. Some action should lie. The and it involves delay. Furthermore, plaintiff has drawn an analogy that litigation is irritating. A lawsuit even seems sound enough to satisfy the irritates a claimant who succeeds; he court passing on the motion for must come to court and testify and nonsuit. Unfortunately, however, I play a contentious role in public, told you the end of this story without wondering all the while whether he is detailing its legal beginning. So I going to succeed. Of course, litiga­ must go back. tion irritates the opposition. You How would you have dealt with might think that lawyers don't care this matter in 1775 if you were a good about annoying their opponents. If, Philadelphia lawyer and the plaintiff however, you live in a small, green brought his woes to you? In the first country town (and some of you place, you must know what facts you probably will), you are going to have can prove in court. If the client were to live in close quarters with fellow intelligent, reliable, and had fully townsmen. Once you beat a man, observed the defendant's miscon­ your old enemy is not too likely to be duct, he could probably tell you the your new friend. whole story and give you the names Will he sell out cheap, this plain­ of other important witnesses. Before tiffs lawyer? He might if the defen-

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8 Featured Event

dant doesn't have very much. When and Market Streets. Furthermore, and act accordingly in law school and he can't pay, there is no sense in between 1775 and 1975, many in law practice. Perplexities will spending time and money to get a trespass cases have been decided, and persist throughout your legal life. judgment only to find out that the research on this case will be wider What should you do about all defendant is judgment-proof. If, and maybe more conclusive. Will perplexity, which is bound (unless however, the defendant is a man of either lawyer be able to use the you are missing the whole substance means and if the plaintiffs lawyer has holding of a case in which the of your classwork) to come your way confidence in himself and in the court defendent built a duck blind and fired in the next few days? I can't really before which he will appear, he is not shots through the air space over the give you much comfort at the very going to sell a good claim for a song. plaintiffs land? Will either lawyer get beginning. I want, however, to tell He is going to try to get what he comfort out of a case involving you a bout three aspects of what is thinks the claim is worth. unauthorized stringing of telegraph ahead of you. Now, suppose you were the defen­ wires in the air space over the First is an easy part. You can do an dant's lawyer. I suppose one of the plaintiffs land? Will either lawyer be orderly job oflearning the look of the first things that might concern you is helped by a case concerning an­ technical landscape as it goes past a fee. Plaintiffs lawyer might not noying helicopter overflight? Will you, the technical landscape of legal have to be too worried about that; he either lawyer be able to use a case concepts, of rules of law, and of can take the case on a contingent-fee based on a loud air-conditioner principles that are part of the lawyer's basis and, if he succeeds, can get part which emitted sound waves entering language. Now, when I say that you of the claimant's judgment for his the property of a neighbor? Once can do a good job of this aspect, I pay. But if the defendant wins and he these substantive questions are don't mean you are going to commit goes merrily on his way disregarding answered, how will the situation be rules to memory; you won't have to. his lawyer's demands for fee, then the changed by modern procedures? If you cultivate orderly work habits lawyer will have to sue his client or Though procedure is more liberal and understand how rules function, perhaps go unpaid. So, I suppose he today (at least so far as forms of remembering them becomes easier will want either a retainer fee or action are concerned), litigation is far than you think. knowledge that he's dealing with a from untechnical. There are new The second part is harder. You " man sure to pay him off. He, too, technicalities imbedded in pretrial should develop a personal concern must investigate to know what facts hearings and summary judgments. about social forces (good, evil, and he can prove and study the applicable This picture has been changed by indifferent) and the policy goals (that law. He must also insist on a insurance. Probably, in 1775, neither. should or do effect law) as a reasonable settlement. The plaintiff party would have had any insurance background for the technical law that might start settlement negotiations that could bear on this dispute, but you learn. Law should be, above all, a by asking for much too much. now the plaintiffs property in­ tool of justice for society. Nevertheless, if defense counsel is a surance and the defendant's liability The unbelievable part of what you good lawyer, he will do his best to insurance may come into play. The ought soon to learn is that you must fac ilitate a satisfactory settlement; he lawyers will consider the tax conse­ suspend belief about what you have will litigate only as a last resort. quences; if the plaintiff settles, he will not studied and what you don't When no one involved is very busy not want to specify that the settle­ know. The unsolved and often and litigation promises amusement, ment includes no punitive damages untouched-upon problems are for the suit may be prosecuted and (on which his client may have to pay another day. When they arise, face defended. I know of litigation over a income tax). The defendant may ask them. When you have learned how to wash bucket that lasted for three his lawyer whether or not any sum he use the books, how to think, and the years and kept two Wyoming lawyers pays to the plaintiff is a deductible character of the materials you must in spending money; but that was in expense. start with, you will get along. It is another day-before television. During the next few days you are going to take many, many weeks Now let us jump 200 years and put going to see simple law problems (maybe the whole year) before you these events into 1975. Two lawyers become complex. Your teachers begin to feel comfortable with the with the same case will be wearing won't know all of the answers. You process of dealing with legal diffe rent costumes; both, or one of won't know as much as they know. problems. Do not be too impatient at them at least, will be wearing a vest, Later you will still be perplexed. But the outset. Good luck to you for the and their offices will be near Broad you will learn to live with perplexity long run. https://scholarship.law.upenn.edu/plj/vol11/iss2/1 8 et al.: Law Alumni Journal

9 A VISITOR FROM The American experience cannot be copied because of the differences in our political systems. PO.LAND But it is such a profitable experience-such a fine observation point. One knows, upon return to a fine symphony orchestra, yearly violin competitions, Europe, what sort of problems in a given field can and renowned boys' choirs-and both are "first capital" be faced. cities. Poznan University is where Professor Soltysinski So states Stanislaw Soltysinski, the affable, ap­ acquired his law degree in 196 I. He chose to pursue an proachable, and highly articulate Visiting Professor of academic career, following the prevailing European Law at Penn this year. He teaches Comparative Law, pattern of remaining associated with one's original Introduction to Socialist Law, International Business learning institution, and became an assistant professor Transactions, and a seminar in Legal Problems in East at the university while simultaneously serving as an and West Trade, which deals with patent laws, trade apprentice to the district court of justice. Furthering his secrets, and other intangibles. academic qualifications, Soltysinski not only published His home is Poznan, Poland-a city in the western a well-received Ph.D. thesis but earned second prize in part of the country between Berlin and Warsaw, the All-National Competition, an event organized by inhabited by one-half million people. Mr. Soltysinski the Warsaw Institute of Legal Sciences. A British finds Philadelphia reminiscent of Poznan in that both Council Scholarship enabled him to spend one year, cities are cultural and academic centers-Poznan boasts 1966-1967, at the London School of Economics, with

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/0 A Visitor from Poland

three months at Oxford and one month at Cambridge. When asked if he felt restrictions placed upon him as a Mr. Soltysinski gathered sufficient data during this nonmember, he stated, "Because I have made the choice journey to England to write a postdoctoral thesis on not to be a party member, I do not feel constrained, licensing agreements in patent law, which was published especially where my specialty is concerned. My in 1969 and, this time, won first prize in the aforemen­ objectives are scholarly. I have prepared statutes on tioned Warsaw Institute's All-National Competition. patent and trademark laws as legal counselor for the Mr. Soltysinski soon concluded that coming to the president of the patent office and have prepared certain United States to do further work in his area of opinions for other special governmental and Party specialization, transactions in the field of industrial commissions in the field of foreign trade, consumer property, would be a wise decision "because, as I protection, etc., especially after 1970. Again these are observed in England, many patterns of trade in this area pragmatic issues and whatever 1 discover and present are shaped in the United States, one of the few countries nowadays may be utilized by the nation as a whole and that has a surplus in this field and sells more intangible not only by the ruling party." values than it buys. Being in this leading position can In the area of women's rights, Soltysinski rather dictate and shape the framework of every legal amusedly remarked that "Americans could learn a great relationship." So, he came to Columbia University as a deal from the socialist experience. Certainly, since 1917, student-a rather difficult adjustment after having women in the Soviet Union and other socialist countries acquired professorial status-and received an LL. M. have been given equal rights. About 70 percent of our degree in 1973. lower court judges are women as well as 60 percent of Poland was the first eastern European country to our physicians." Ironically, there is an effort these days trade with the United States, and, according to to equalize the number of men and women in such fields. Soltysinski, positive directions are constantly being Men who earn the same results as women in entrance made in this partnership. Law firms in the United States exams are now given enrollment preferences. Studies are beginning to form associations with Polish law have shown that a high percentage of women are leaving firms. For some years now, conferences of Polish and their professions after three to five years in order to stay American jurists, together with guests from prominent at home. According to Soltysinski, the prevailing trend law schools, have been held in alternate countries, in European countries is toward the protection of the cementing the already growing cultural, scientific, and family. The feeling that women are the ultimate social trade contacts that have been developing. As an workers-thus purposely discouraging day-care and enthusiastic supporter of such exchanges of ideas and kindergarten programs-has led to policies allowing people between countries, Soltysinski feels that what he women six months paid leaves-of-absence upon the has learned of our country, especially in dealing with birth of a child and the right to a three-year, nonpaid American partners, will benefit his country at the leave with the option to return to the same position. conference table when merchants of the two countries Penn law students always seem well prepared and are meet. His knowledge may also aid in keeping a positive quite demanding, says Soltysinski. He observed that balance between the representatives as far as the legal many European countries consider the study of Law a framework of these operations is concerned. Our profession for "gentlemen," for those wanting polish. country, on the other hand, can benefit from exposure Professors arrive prepared to lecture for forty-five to other legal systems and utilize what knowledge we minutes and refer to provisions within a code and to acquire to find ways to expand trade and to eliminate treatises rather than to actual case law. In the United legal difficulties stemming from such activities. States, however, because the Socratic method is Professor Soltysinski is not a member of the employed and there is the spirit of "wanting to know Communist Party. More than 60 percent of his how things work," a professor must be prepared fully to contemporary law colleagues are party members, as are be questioned and, often, attacked. Soltysinski felt that 80 percent of the younger faculty. his initial experience at Columbia University primed him well, eliminating any difficulties he might have had The new leadership of the Communist Party, in this area. however, has emphasized that there are enough "The generally open, broadened outlook on which places and opportunities for nonparty members­ Penn Law School's philosophy is based is most even in such touchy and delicate areas as law. Of impressive," says Professor Soltysinski, "and the ethnic course, I couldn't say that membership is mix of the student body is a source of joy. I feel most meaningless. comfortable as a human being in this environment." https://scholarship.law.upenn.edu/plj/vol11/iss2/1 10 et al.: Law Alumni Journal

II Conver;atlonwtth .

Professor ROBERT II.

Editor's Note: Robert H. Mundheim, partners in important firms in New Fred Carr Professor of Law, received York, Philadelphia, and Washing­ M.lJI\TDBELli his B.A. ji"om Harvard University in ton�and a number of top SEC 1954 and his LL.B. from Harvard people to discuss current regulatory Chief Counsel for the Pennsylvania Law School in /957. questions. The composition of the Securities Commission. He practiced law in New York City group, by the way, remained cons­ Journal: From where do the Center for three years and served as special tant throughout the seminar. Last Fellows come? counsel to the Securities and Ex­ year, we talked about problems Mundheim: They come from law change Commission/rom /962-/963. raised by the bank entry into the schools all over the country. Most are After teaching for one year at Duke securities business, the elimination of relatively recent graduates although, University Law School, he came in the fixed-commission rate structure , from time to time, we have had some /965 to Penn, taking off one year, corporate stock repurchase pro­ people who have had some"practice" 1968-1969, to be a Visiting Professor grams, and attempts to expand the experience. Occasionally, some at Harvard. professional responsibility of senior Fellows who have already Professor Mundheim teaches in securities lawyers. Each student was achieved substantial expenence the corporate and securities fields required to draft a paper, which was come back both to write and to and discusses in this interview, circulated to everyone in the seminar. participate in teaching. among other subjects, the Law The draft was then discussed at the Journal: In what ways might the School's Center for the Study of seminar, and the papers were Center be of assistance to the Financial Institutions of which he is rewritten on the basis of the com­ business and economic communities Director. ments received. In my opinion, the at large? quality of this work was first rate, as Mundheim: We present programs evidenced by the over 150 requests of interest to the financial communi- Journal: You are the Director of from practitiOners, financial in­ the Law School's Center for the stitutions, brokerage firms, and so Study of Financial Institutions. on, for copies of the papers. We list Could you give some background on the titles in the Center's Annual the Center and describe how it is Report. utilized by students at the Law Journal: Does the Center work in School? concert with other allied professional Mundheim: The Center is an in­ schools? tegral part of the Law School. Its Mundheim: Oh yes. One of the primary purpose was to foster things that we have tried to research by graduate students on emphasize is that problems lawyers matters of current importance to the face frequently require the insights of regulation· of the securities markets other people and other disciplines. and financial institutions. It has We have had, fo r example, some of expanded in the sense that the Center our Center Fellows do papers with also has sponsored graduate people from the Wharton School. seminars open to third-year law One of the most successful of these students called the Saturday papers has been a series done by Seminar. Last year, the seminar Professor Herman from the Wharton brought together, on eight Satur­ School with Carl Safanda, a Fellow days, roughly a dozen third-year law of ours for one and a half years. Carl students, eight practitioners� went from the Center to become the

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12 Com·ersation with Professor Robert H. Mundheim

ty. One of these is our round-table cia! institutions. Can you tell us discussion, where we will take a about the program and its ac­ current regulatory problem and complishments? invite people from the appropriate Mundhcim: The program, which is regulatory agency and top officials of an effort to create an internationally companies and law firms that might based faculty to consider regulatory be concerned with the problem to problems arising out of the inter­ participate. For example, last year nationalization of the securities we had a round table on the role and business, represents the Center's responsibility of outside directors of approach to acquiring knowledge of publicly held companies. We had at the securities business in major that session the Chairman of the capital markets. Normally, when one SEC, plus two other SEC com­ wants to learn about other markets, missioners, and representatives from monographs can be used; however, major New York, Philadelphia, and these tend to be obsolete by the time California law firms, as well as a they are written. Our notion was to Our notion was to have number of people who serve as have something that was alive, something that was alive, outside directors. Also present were a flexible, that could grow as events flexible, that could grow number of top executives of major changed. We thought that the answer as events changed. We thought companies. We had the president of to this might be an international that the answer to this might Occidental Petroleum, a senior vice­ faculty of scholars who would devote be an international faculty of president and director of Loews their time and commit themselves to scholars ... Corporation, the chairman of the raising and responding to important finance committee of Travellers' regulatory issues in their own coun­ Insurance Company, an executive tries. Recruited was a faculty from vice-president and director of Belgium, Brazil, England, France, General Motors Corporation, and the Federal Republic of Germany, the general counsel of the General Japan, Switzerland, and this coun­ Electric Company. try. The group is composed basically Journal: How is the Center sup­ of law professors, some economists, ported financially? people connected with major Mundheim: Its operations are en­ regulatory or self-regulatory agen­ tirely supported by contributions cies, and people associated with two from outside organizations. The of the major research institutes in Center gets no cash contributions Japan and Brazil. from the University, and we have had The first step in our program is to a pretty broad spectrum of support provide the individual faculty from investment banking houses, members with an education in the corporations, insurance companies, securities business of each of the mutual funds, and banks. I have the major participating countries and to task, unfortunately, of being chief alert them to the important problems fund-raiser. We are not rich. We need in those areas. We do this through a lots of money to live, but, so far, we series of joint seminars conducted have been able to just about meet serially in each of the countries. This expenses. A shortage of money summer we had the first four-week obviously restricts our activities. seminar in the United States here at Journal: The Center scored a coup the Center. We prepared reading this summer by being the sponsor of material-roughly I, I 00 pages in a an unique venture, the International kind of casebook format-covering Faculty Program-a four-week things that ranged from how the seminar on the regulation of United disclosure philosophy is im­ States securities markets and finan- plemented in United States securities https://scholarship.law.upenn.edu/plj/vol11/iss2/1 12 et al.: Law Alumni Journal

13

regulations to how our capital practical view of how secuntles and might try, if it is possible markets and our important financial regulation works in this country was financially, to expand to include institutions such as banks, insurance presented. other countries. There ought to be companies, and investment com­ Our next step will be for that same representatives from the Middle panies are regulated in the United group to get similar insights from East, which is an untapped source. States. Using the readings as other countries. In September of next Also, we have only one represen­ background, the seminar meetings year, we will be in Switzerland and tative from South America, another featured lawyers who were actively Germany, where the faculty members potential area. The difficulty is that engaged in securities practice, of­ from those countries will have the when something enlarges, it becomes ficials of the relevant securities responsibility of preparing the organizationally harder to manage markets and the exchanges, and seminar. Interestingly enough, the and the financial burden seems officials from the financial In­ two German faculty members are greater. stitutions that we were examining. playing a major role in Germany's It might be good to note that The seminar was capped by a day in effort to develop some securities law. because this is an international Washington with the counsel to the Next year, at the German Juristen­ endeavor, we have thought it inap­ congressional committees, which had tag, a meeting somewhat similar to a propriate for the United States to recently written the new and impor­ joint meeting of the American Law raise all the money. Each of the tant Securities Amendments Act of Institute and American Bar Associa­ participating countries, we feel, 1975. The group also attended an tion, recommendations will be made ought to be able to produce at least a official decision-making meeting· at by one of our faculty members for a share of the money required. The the Securities and Exchange Com­ form-securities regulation to be Center does have a goal of raising in mission, unique in the sense that we adopted in Germany. At least one the United States $30,000 a year for became the second group ever to non-German member of our Inter­ the next four years to keep the attend such a meeting. At a dinner national Faculty has been asked to International Faculty Program go­ following this meeting, where all five make formal comments on the ing. SEC commissioners as well as top recommendations. So, you can see, Journal: Were friendships deve­ staff were in attendance, there was a the International Faculty group is loped between faculty members? long and quite frank exchange of not merely engaged in abstract, After all this was a fairly intense four views about the United States' academic work. What is being done weeks of working together. approach to regulation as it appeared has practical significance. Mundheim: Their becoming good to foreign eyes. I do think that a very We hope to keep this group in tact friends was terribly important to the

Published by Penn Law: Legal Scholarship Repository, 2014 13 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

14 Com·ersation with Professor Robert H. Mundheim

success of this mission. The best for quite awhile-one year at Duke, responsibility to vote their shares in indication that people did establish ten years here at Penn with one year portfolio companies. The Investor close personal relationships was that off as visiting professor at Harvard Responsibility Research Center, of at the end of the four-week period Law School. Have you perceived any which I am a director, compiles a even the Japanese faculty members noticeable change in law students' report on how institutions voted on were on a first name basis with their goals over the years? shareholder proposals in the colleagues in the group. Mundheim: Well, it is interesting. previous year. Last year, institutional Journal: At what point in your Changes do occur in curious ways. votes m favor of shareholder career did you serve as special Law Students today are more like proposals reached its highest point. counsel to the SEC? What those that I taught earlier in my These shareholder proposals covered highlighted your experiences there? career. They were quite different in many important social issues. Mundheim: I served after I had those middle years. Today there On December I 0, the Investor practiced on Wall Street and was seems to be a bit more concern with Responsibility Research Center and called to serve in the U.S. Air Force economics, but that is quite a natural our Center will jointly sponsor a during the Berlin Crisis. It was really preoccupation in times that are program at the Law School which just a fluke. After having been economically tough. will focus on ways in which financial discharged fortuitously in Washing­ Journal: Are you satisfied that the institutions, as owners of stock, can ton, I took time to say hello to some corporate sector of society has been influence the managements of their classmates who had gone down there responsive to the consumer? portfolio companies. The morning to work for the Kennedy Administra­ Mundheim: Obviously, in many session will look at the problems of tion. One of these friends had just instances, the corporate sector has management integrity which have gone to the SEC to help with its study not been sensitive to important social been so much in the news recently. of mutual funds. He suggested that I and moral issues. However, it is Commissioner Sommer at the SEC take some time off-so I did. That difficult to talk of the "corporate will be a featured speaker. really got me into securities law in a sector of society" as if it were a Journal: It has been a trend lately significant way. I had had experience monolithic group, because it isn't. It to hold corporate persons or direc­ with securities in the practice of law, covers a wide spectrum of people, tors of corporations personally and but not in this manner. and there are lots of examples of directly responsible for negligence in The fascinating part of this ex­ companies who have been responsive professional duties or in violation of perience was the fact that I was and concerned about consumerism. antitrust laws. Do you approve of suddenly going to spend a year It is important to not blanketly this check system? Might this not finding out how an industry worked condemn corporate society; rather, stifle innovative approaches and/ or and trying to understand whether or we should identify the problems and discourage people from taking board not the regulatory framework made the institutions and companies which positions? sense to the business operations of don't seem to be answering these Mundheim: If directors are ex­ that industry. That was, to me, very particular problems and then try to pected to perform some real func­ exciting. find and enlist those persons who are tions in a corporation, it is not Journal: One often vtews the concerned and interested in an effort surprising that they will be held securities field as traditionally male­ to persuade others. responsible for failure to fulfill those oriented. Do you, of late, see many Journal: In the same vem. There functions. We are in the midst of a women entering this area of the law? was a time when large corporations transition from looking at direc­ Mundheim: I think that you are gave financial assistance in order to torships as honorary titles, with right that traditionally it has been a advance social movements and relatively little in the way of duties, to male-dominated practice. That is organizations. Is this still the trend or viewing directors as serving an changing. I am seeing more women has the recession limited these ac­ important function in the governance entering and practicing in the tivities? of the corporation. It is not sur­ securities field-and most successful­ Mundhcim: I think that the at­ prising that, in such a period, ly. I also noticed that in the Saturday titude of involvement continues. directors are puzzled as to what is Seminar last year, for example, one­ Obviously, as profits recede, expected of them. To help on that quarter of the students participating management gets worried. But, score, the Center is sponsoring a were women. interestingly enough, financial in­ project, in which Professor Leech Journal: You have been teaching stitutions are taking seriously the and I are engaged, which will try to https://scholarship.law.upenn.edu/plj/vol11/iss2/1 14 et al.: Law Alumni Journal

Com·ersarion u-irh Profe ssor Roberr H. Mwulheim 15

define some of the responsibilities director is expected to do some work. which nonmanagement directors can I think that is a desirable develop­ appropriately be asked to undertake. ment. The other problem is the enormous Journal: Upon approaching and amount of potential damages. Does entering your office, one cannot help it make sense to expose a director to but be dazzled by the array of art $10 million of damages for under­ work adorning your door and walls. taking a task which pays him $10,000 There must be some very creative a year? people in your household. In response to your second ques­ Mundheim: There certainly are. tion, I have not noticed that large, My wife paints professionally. My well-known companies are having daughter, who is eight years old, is a difficulties recruiting directors. I am very creative, talented lady, and my not so sure that is true for smaller and son has got the best five year old's medium-sized publicly held com­ back hand that I have seen. panies. In any event, directors are Journal: Apropos of that, how is We are in the midst of a cutting down on the number of your tennis game? transition from looking at directorships they are willing to take Mundheim: Now that has got to be directorships as honorary on. That reflects the fact that a kept a closely guarded secret. titles ... to viewing directors as serving an important function in the governance of the corporation.

Published by Penn Law: Legal Scholarship Repository, 2014 15 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

18 S. I:ToBe or Not To Be?

tactically right) in asserting that the amendment involving five persons; Double Prosecution. The issue process cannot convert S. l into an acceptable, of repeated prosecution for the same misbehavior, is not indeed a quite desirable, piece of legislation. My addressed in S.l. views of the required amendments are set out in a The Deferrable Issues include: Gun Control, making memorandum ...published in 17 Criminal Law the use or possession of a firearm in committing a crime Reporter 3203, July 16, 1975. a separate offense entailing penalties additional to those of the underlying crime; Wiretapping, incorporating The following is a summary of Mr. Schwartz' listings legislation from the 1968 Omnibus Crime Control and from the Shortcomings of the McClellan Bill, S. l, as Safe Streets Act; Admission of ll!egally Obtained outlined in the abovementioned memorandum. Not Evidence, even if obtained by secret police interrogation included here, but found in the original memo, are the in the absence of counsel and warnings prescribed in the criticisms of S.l 's departure from the Brown Com­ Miranda case. mission's recommendations. It's substantial defects are Yet, there are numerous improvements advanced by divided into three classifications-Most Urgent, S.l, which do help to modernize the archaic admixture Urgent, and Deferrable-in their order of necessity for that is the basis of our present criminal justice system, amendment. according to Schwartz. In a letter to The Wall Street Those considered Most Urgent are in the areas of Journal, he enumerated a sampling of these which Sentencing, when S. l orders excessive maximum terms, include: does not restrain the practice of consecutive sentencing, limits to felonies the appellate review of defendants' a rational scale of penalties where like offenses are sentences, and makes the granting of parole quite subject to like sentences; a systematic distinction

difficult; the Insanity D�fense, - admitted only if the between first offender and professional criminals; insanity causes a lack of "the state of mind required as appellate review of abuse of discretion in sentenc­ an element of the offense charged"; Freedom of Speech, ing; progress in standardizing the terms and which is violated in at least four important respects; requirement of "criminal intent"; a system of Conspiracy, in which the "overt act" requirement is compensation for victims of violent crimes; and eased by the inflating of the penalty to as high as thirty the first democratically adopted statement of the years, depending upon the gravity of the target offense; aims of the criminal justice system for the Capital Punishment, which is made mandatory for guidance of courts, enforcement officials, and murder in a variety of circumstances and for certain correctional agencies. classes of treason, sabotage, and espionage; Drugs, where prison penalties continue for petty marijuana In short, Louis Schwartz's position is that "although offenses and there is a five- to ten-year minimum for there are specific amendments required to make S.l trafficking in heroin and morphine. acceptable, the over-all aim and substantial accomplish­ Items in the Urgent category are quite objectional in ment of the Bill is to promote respect for the law by that they represent failures to make progress rather than making the law respectable. The reform of the federal outright regressions. Some of these include: Regulatory criminal code should be rescued, not killed". Offe nses. All efforts to bring order to the chaos of penal Undoubtedly, the polemics surrounding the passage, provisions are abandoned in S.l; Obscenity, which is amendability, or the killing of Senate Bill ! will continue elevated to a felony; Statute of Limitations, in which the for a long time, for the revision of a satisfactory federal allowable delay in prosecuting minor offenses is criminal code is an incredibly arduous, complex task, lengthened to five years; Riot, which is made a felony, involving conditions that vitally affect all citizens. even in instances of small-scale, barroom affrays So what is to be the fate of S.l? That is the question.

https://scholarship.law.upenn.edu/plj/vol11/iss2/1 16 et al.: Law Alumni Journal

� N_U/\n mnutt GMnG R_lPO[ 1974-1975

Published by Penn Law: Legal Scholarship Repository, 2014 17 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

Law School Annual Giving Report, 1974-75

In looking back over my five years as Dean, I realize more than ever that the Law School could not have provided the legal education worthy of the School's reputation and aspirations without a strong Alumni Annual Giving Program. Annual Giving is the major source of the unrestricted funds so vital in providing flexibility and enrichment. Our alumni have responded to the appeals of our volunteer Annual Giving organization, headed by John F.E. Hippel. On behalf ofthe Law School community, I want to extend warmest thanks to John for his five years of exemplary service to the Law School as Chairman of Annual Giving, and to the Vice Chairman, Class Agents, and Regional Agents who worked so effective­ ly. Most of all, I want to thank every alumnus, parent, and friend who has helped the Law School with gifts to Annual Giving and urge your continued support.

-Bernard Wolfman

https://scholarship.law.upenn.edu/plj/vol11/iss2/1 18 et al.: Law Alumni Journal

A Message From The Chairman­ John F.E. Hippel

Our 1974-1975 Annual Giving campaign provided over $137.000 in spendable funds for the Law School the second highest total in Law School history. I want to express my deepest thanks to our dedicated volunteer workers and to everyone alumni. parents. and friends who contributed to our success. During my five years as General Chairman of Lav. School Annual Giving. a fe\\ observations. thoughts, and dreams return to my mind so frequently that I would like to share them with you. To begin. I should like to emphasite that annual giving is by far the most important source of un­ restricted income to the Law School. With basic programs funded at a minimun level, and with other programs not regularly funded at alL the Law School desperately needs this infusion of unrestricted monies. When we rcalite that it would require some S2.000.000 of capital to generate the $137,000 that annual giving raised this past year, the importance of our program is obvious. It also strikes me that annual giving is a vehicle which almost all alumni can use to support the Law School. While most of us are not in a position to make large capital gifts. almost all of us can support annual giving regularly within the general range of $25 to $5.000. Twenty-seven percent of us participated last year and the average gift was about $90. If 50% of us participate in the coming year and maintain this gift average. our $137.000 would grow to $250.000. That excites me and I surely hope that it will excite you. I have enjoyed being annual giving chairman, working with such fine volunteers, and talking to many alumni. We've had good years, and I look forward to better ones. My best wishes and thanks to all of you.

Published by Penn Law: Legal Scholarship Repository, 2014 19 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

Till BF''df\ Ml'\ l RA'\KLI:>. ASSOCIAI ES Benjamin IS f\ '\l lVFRSITY-WlDE GROUP Of­ Franklin Al llM'\1 f\'\D f-RIF'\DS WHO CO'\­ IR!Bl IF 0'\F IHOLSA'\D DOLLARS OR Associates MORF TO All M\l A'\....,LAI G!Vl'\G. llSTf-1) \RI"LA\ \ SCHOOL AI t.:\1'\l \\110 Chairman f(Jr the Law School JOI'l D THI BE'\JA\11:\ f·RA'\Kll'\ f\SSOCIAlTS. Richard P. Brown. Jr .. L'48

Ill! llllOWS Of- IHL Bl'\JA\11\ FELLOWS OF THE BENJAMIN FRANKLIN f-R•\'\KlI\ ASSOCIAlES. THE HIGIIESI ASSOCIATES I F'VFI 01 CO'\ I RI BUTIO\ 1'\ ALl'M\l f\\'\Lf\1 GIVI'\G. 110'\0RS lHOSE \\ HO CO'\ JRIBLTE f-1\F THOLSA'\D DOL­ Sylvan M. Cohen, C'35, L'38 l \RS OR MORr TO AI UM'\l A'\'\UAL *Bernard G. Segal. C'28. L'3 1 C.I\1'\G.

BF'\JA'Ytl\'FRA:\KLIN ASSOCIATES

*Anonymous *Mrs. Michael M. Margoloes *Philip W. Anuam. C'20, L'27 in memory of *Gustave G. Amsterdam. C'30. L'33 Louis Appelbaum. C' II *Richard P. Brown, Jr. L'48 *John L. McDonald. L'40 *Edwin H. Burgess. L'l4 J. Wesley McWilliams, W'l5, L' l5 *Richard M. Dicke. L'40 *Clarence Morris Eugene C. Fish. W'31, L'34 *Leon J. Obermayer. W'08. L'08 Max Freedman. W'23 *Gilbert W. Oswald, C'3 1. L'34 *Kenneth W. Gemmill. L'35 *Lloyd J. Schumacker. L'JO *Mrs. Roger Gooding *Marvin Schwartl, L'49 *Moe H. Hankin, L'37 *Charles S. Shapiro, W'41. L'48 *John I-.E. Hippe!. C'23, L'26 in memory of Harry Shapiro. L' II Charles M. Justi. W'22. L'27 and in honor of Harold E. Kohn. C'34, L'37 D. Donald Jamieson. L'50 Robert C. Ligget, W'I3. L' l7 *G. William Shea, L'36 *W. James M�clntosh, W'22, L'26 *John R. Young, L'30 *To recogni1e those Benjamin Franklin Associates gifts allocated solely to the Law School.

TO 110'\0R THE MEMORY OF WILLIAM William DRAPER LEWIS. DEA:\ OF THE LAW Draper SCHOOL FROM 1896 to 1914. THE WILLIAM DRAPER LEWIS ASSOCIATES Lewis WAS FOV\DED 11\ RECOG'\IT!Ol\ Of­ CO'\:TR IBUTIO'I;S 01- FIVE HU"'DRED Associates DOLLARS OR MORE TO LA\\ SCHOOL AV'IUALGLVI"'G. Chairman-Barton E. Ferst, L'44

John T. Andrews. Jr.. L'64 John E. Gillmor. L'62 Harry P. Begier, Jr., L'64 Norman M. Heisman. L'57 Floyd E. Brandow, Jr., L'54 Leon C. Holt. Jr., L'5 1 Mitchell Brock. L'53 Edward A. Kaier, L'33 Clive S. Cummis, L'52 Thomas J. Kalnan. L'42 L. Leroy Deininger, L'l4 Mr. & Mrs. Antonio Magliocco in memory of Richard K. Mandell, L'64 Hon. J. Whitaker Thompson David H. Marion, L'63 William H. Ewing, L'65 Lester Miller, L'34 Barton E. Ferst, L'44 Philip F. Newman, L' l7 Joseph P. Flanagan. Jr., L'52 Stewart E. Warner, L'27 John R. Gibbet, L'64 https://scholarship.law.upenn.edu/plj/vol11/iss2/1 20 et al.: Law Alumni Journal

SUSTAINING FELLOWS OF THE CENTURY CLUB

Nancy J. Altman, L'74 L Stanley Mauger, L'44 Frederic L. Ballard, L'42 Thomas R. McMullin, L'62 Alexander F. Barbieri, L'32 Clinton F. Miller. L'40 Ralph M. Barley. L'38 Walham J. Myers, L'35 0 Robert M. Bernstein, L'l4 David H. Nelson, L'49 William C. Bodine, L'32 Henry R. Nolte, Jr. L'49 .I:·NTURY Raymond J. Bradley. L'47 Michael A. Orlando Ill, L'58 Robert J. Callaghan, L'33 Israel Packet. L'32 F. Calvert Cheston, L'35 Raymond M. Pearlstine, L'32 Morris Cheston, L'28 Probert E. Pe.un. L'60 Stuart Coven, L'S I Morris Pfaelzer II, L'38 Chairman-Harold Cramer, L'51 John J. Cowan, L'59 Charles K. Plotnick. L'56 Harold Cramer, L'Sl Franklin Pout. I '48 Charles H. Dorsett, L'35 Walter N. Read. L'42 Albert J. Feldman, L'53 Pace Reich, L'S4 Myer Feldman, L'38 Russell R. Reno, Jr .. L'57 Myrna Paul Field, L'63 Herman M. Rodgers. L'47 Louis J. Goffman, L'35 Edwin P. Rome, L'40 CENTURY CLUB MEMBERSHIP IS Joseph A. Grazier, L'28 John N. Schaeffer. Jr .• L'37 AWARDED IN RECOGNITION OF CON­ in manory of Irving R. Segal, L'38 TRIBUTIONS OF ONE HUNDRED Oifford M. Bowden Joel D. Siegal. L'66 Oliver F. Green, Jr., L'SI Richard Sloane DOLLARS OR MORE TO LAW SCHOOL Stewart A. Hirschhorn, L'66 Edmund P. Turtzo, L'41 ALUMNI ANNUAL GIVING. Laurence A. Krupnick. L'63 Robert W. Valimont, L'49 THE SUSTAINING FELLOWS OF THE Samuel S. Laucks, Jr., L'42 Michael D. Varbalow, L'63 CENTURY CLUB ARE THOSE MEMBERS Bernard V. Lentz, L'36 Machael Wans, Jr .• L'44 WHO EXCEED THE BASIC MEMBERSHIP Melvin G. Levy, L'SO Morris L. Weisberg, L'47 REQUIREMENTS AND ASSIST THE W. Barclay Lex, L'l2 Edward S. Weyl, L'28 SCHOOL BY CONTRIBUTING TWO HUN­ S. Gerald Litvin, L'S4 Mervin M. Wilf, L'SS DRED AND FIFTY DOLLARS OR MORE. Francis E. Marshall. L'48 Joseph C. Woodcock, Jr., L'53

CENTURY CLUB MEMBERS

Alexander B. Adelman, L'31 Samuel A. Blank, L'32 Mr. &: Mrs. Jules Cohen M. Carton Dittmann, Jr., L'38 James H. Agger, L'61 Samuel S. Blank, L'47 Norman R. Cohen, L'61 the late James B. Doak, L'35 Sadie T.M. Alexander, L'27 Charles J. Bloom, L'71 Robert S. Cohen, L'57 Robert J. Dodds Ill, L'69 Harry D. Ambrose, Jr., L'S6 Stanley W. Bluestine, L'S4 Judith Rutman Cohn, L'69 Peter H. Dodson L'68 Walter Y. Anthony, Jr., L'48 Fred Blume, L'66 W. Frederic Colclough, L'30 John D. Dragha, L'70 Jerome B. Apfel, L'S4 Joseph Boardman, L'S6 Marvin Comisky, L'41 Albert G. Driver, L'47 Louis D. Apothaker, L'S6 Bernard M. Bonsh, L'43 William H. Conca, L'34 Herbert G. DuBois. L'36 Vincent J. Apruzzese, L'S3 James C. Bowen, L'48 Harold J. Conner, L'32 Wayland F. Dunaway Ill, L'36 Harris C. Arnold, Jr., L'S8 John P. Bracken, L'39 Joseph J. Connolly, L'65 Walliam H. Eastburn Ill, L'S9 Martin J. Aronstein, L'65 Christopher Branda, Jr., L'S l George H. Conover. Jr., L'52 Nathan L. Edelstein, L'28 S. Samuel Anht, L'34 Joseph Brandschain, L'28 Douglas C. Conroy, L'68 Jay H. Eiseman, L'33 Paul C. Astor, L'S4 S. David Brandt, L'S8 Charles R. Cooper, Jr., L'47 Walliam S. Eisenhart, Jr., L'40 William W. Atterbury, Jr., L'SO Sol Brody, L'26 A. Lynn Corcelius, L'41 Mn. Herman M. Ellis Mr. &: Mrs. Nathan Auerbach Gerald Broker, L'S9 Samuel B. Corliss, L'49 in memory of W. Alan Baird, L'49 Hazel H. Brown, L'24 Henry B. Cortesi, L'63 Herman M. Ellis, L'28 Frank B. Baldwin Ill, L'64 William H. Brown Ill, L'SS Robert I. Cottom, L'41 Joseph S. Elmaleh, L'S2 Henry W. Balka, L'26 Theodore L. Brubaker, L'38 Stephen A. Cozen, L'64 Saul S. Epstein, L'73 J. William Barba, L'SO James S. Bryan, L'71 Fronefield Crawford, L'39 Leonard L. Ettinger, L'38 Samuel Bard, L'36 Paul J. Bschorr, L'65 James D. Crawford, L'62 Neil K. Evans, L'64 George Bartlett Charles J. Bufalino, Jr., L'SS Fred B. Creamer, L'31 Martin S. Evelev, L'S8 John G. Bartol, Jr., L'S2 Francis J. Burgweger, Jr., L'70 Samuel S. Cross, L'49 Samuel E. Ewing, L'30 Edward L. Batoff, L'60 H. Donald Busch, L'S9 Thomas F. Cunnane, L'63 Richard J. Farrell, L'41 Hyman L. Battle, Jr., L'49 Harold F. Butler, L'22 Edward I. Cutler, L'37 Joseph G. Feldman, L'26 Richard L. Bazelon, L'68 J. Russell Cades, L'28 John Morgan Davis, L'32 Stephen M. Feldman, L'SS Walter W. Beachboard, L'32 Beryl Richman Dean, L'64 James S. Cafiero, L'S3 Anthony G. Felix, Jr.• L'34 Edward F. Beatty, Jr., L'S6 J. Scott Calkins, L'S2 David J. Dean, L'27 Jay S. Fichtner, L'Sl Lewis B. Beatty, Jr., L'49 Curtis C. Carson. Jr., L'46 Daniel de Brier, L'29 H. Robert Fiebach, L'64 Robert M. Beckman, L'S6 Meyer L. Casman, L'l7 Fred W. Deininger, L '28 Louis S. Fine. L'S3 Joseph Bell, L'37 Alan H. Cassman, L'49 Charles S. Delaney, L'31 Howard W. Fineshriber, L'33 Robert K. Bell, L'24 Sidney Chait, L'33 Raymond K. Densworth, Jr .• L'61 Joseph M. Fint, L'30 Richard Benson, L'36 Keron D. Chance, L'38 John F. DePodesta, L'69 Dennis M. Flannery, L'64 Milton Berger, L'29 Bernard Chanin, L'6S John M. Desiderio, L'66 Joseph H. Flanzer, L'33 Leonard J. Bernstein, L'34 Frederick J. Charley, L'41 Harry T. Devine, L'36 Peter Aorey, L'SO Marshall A. Bernstei n, L'49 Roland J. Christy, L'34 Samuel Diamond, L'SS Caleb Foote, L'S3 John H. Bertolet, L'31 Joseph S. Clark, Jr., L'26 James N. Diefenderfer, L'57 Leon S. Forman, L'39 Claire G. Biehn, L'37 Roderick T. Clarke, L'36 Ralph B. D'lorio, L'49 Lawrence J. Fox, L'68 G. William Bissell, L'64 William N. Clarke, L'42 Alexander A. DiSanti, L'59 Michael D. Foxman, L'61

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Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

Bernard Frank, L'38 Richard A. Huettner, L'52 Baldwin Maull. L'25 Amy R. Richter, L'72 Edward P. Frankel, L'36 James Hunter III, L'39 David F. Maxwell. L'24 Charles N. Riley, L'73 Robert P. Frankel, L'48 Richard S. Hyland. L'60 Robert F. Maxwell, L'48 Dr. & Mrs. H . Raymond Ring Solomon Freedman, L'34 Howard M. Jaffe, L'61 Milford L. McBride, Jr., L'49 Michael J. Roach, L'69 Melvyn Freeman, L'63 Paul L. Jaffe. L'50 John F. McCarthy. Jr., L'48 John W. Roberts, L'58 Sidney W. Frick, L'40 Robert B. Johnson, L'27 Daniel J. McCauley. Jr., L'41 Victor J. Roberts, Jr.. L'37 Calvin J. Friedberg, L'35 William B. Johnson. L'43 Walter P. McEvilly, L'39 Richard M. Rosenbleeth, L'57 Harry Friedman, L'27 Thomas McE. Johnston, L'24 Jane Lang McGrew, L'70 David H. Rosenbluth, L'33 Fred T. Fruit, L' ll John P. Jordan, L'28 Thomas J. McGrew, L'70 Harold S. Rosenbluth, L'50 Isaac S. Garb, L'56 Michael Joseph, L'61 Ellis H. McKay, L'53 in honor of Marvin Garfinkel, L'54 Norman J. Kalcheim, L'30 George W. McKee. Jr .. L'34 Bernard Wolfman. L'48 Sylvester Garrett, L'36 John 0. Karns, L'57 E. Ellsworth McMeen Ill, L'72 Max Rosenn. L'32 Frank H. Gelman, L'35 Allan Katz, L'60 Desmond J. McTighe, L'25 Robert A. Rosin, L'61 Murray 0. Gerstenhaber, L'73 George Katz, Jr., L'49 Edward M. Medvene, L'57 Daniel R. Ross, L'66 Lewis M. Gill, L'36 David J. Kaufman, L'55 Thomas F. Meehan. Jr.. L'54 .J.&hn Ross. L'35 M. Kalman Gitomer. L'50 Ernest R. Keiter, L'l9 Violet Hursh Meehan. L'45 William Rowe, L'27 Howard Gittis, L'58 Arthur S. Kelsey, L'48 Edward B. Meredith, L'51 Alexander N. Rubin, Jr.. L'50 Samuel L. Glantz. L'57 David Kittner, L'51 Patricia Ann Metzer, L'66 William M. Ruddock. L'25 Thomas P. Glassmoyer. L'39 Charles G. Kopp, L'60 Charles W. Miles Ill. L'36 John J. Runzer, L'58 Robert E. Glaymon, L'57 Stephen J. Korn, L'50 A. Arthur Miller. L'34 Henry S. Ruth, Jr.. L'55 Stuart B. Glover. L'28 Meyer Kramer. L'44 William E. Miller, Jr., L'49 David N. Samson. L'65 in memory of Peter B. Krauser. L'72 Dorothea G. Minskoff. L'34 W. Alvert Sanders, L'3 1 Clifford M. Bowden William H. Kresch. L'30 Gerald J. Mongelli. L'54 Edwin H. Satterthwaite. L'40 Hyman Goldberg. L'37 Goncer M. Krestal. L'57 Thomas B. Moorhead, L'59 David M. Satz. Jr.. L'5 1 in honor of Richard Krzy1anowski, GL'61 Paul A. Mueller, Jr .. L'55 Joseph H. Savitz, L'58 Juliette A. Goldberg David H . Kubert. L'32 James M. Mulligan. Jr .. L'57 Helen Solis-Cohen Sax, L'40 M. Stuart Goldin, L'49 Mr. & Mrs. Joseph Kushner John T. Mulligan. L'59 Harold D. Saylor, L'l7 Larry J. Goldsborough, L'57 Judah I. Labovit7, L'63 Robert Mundheim James W. Scanlon. L'30 Irvin J. Good, L'49 Vincent J. Labrasca, L'41 John C. Murphy. Jr.. L'70 Henry W. Scarborough, Jr .. L'36 Martin S. Goodman, L'51 Marlene F. Lachman. L'70 Edward M. Nagel, L'52 Ronald Schindler, C'65 Joseph K. Gordon, L'51 Gregory G. l.agakos, L'38 Nichalas J. Nastasi, L'67 Raymond C. Schlegel, L'54 Arthur R. Gorr, L'59 Albert W. Laisy, L'59 Samuel W. Newman, L'60 Carl W. Schneider, L'56 Maxwell P. Gorson, L'52 William W. Lanigan. L'57 Alexander L. Nichols, L'31 Richard G. Schneider, L'57 Harold Greenberg, L'62 Ashby M. Larmore, L'31 Paul A. Nolle, L'53 Andrew J. Schroder 11, L'30 Harry A. Greenberg. L'38 Herbert W. Larson, L'61 Roderick G. Norris. L'53 Herbert F. Schwartz, L'64 Robert W. Greenfield. L'30 George C. Laub. L'36 Philio S. Nvman. I '1\? Louis B. Schwart7. L'35 W. Edward Greenwood. Jr.. L'29 Charles H. Laveson, L'57 James E. O'Connell. L'5 1 Murray M. Schwartz. L'55 George C. Greer, L'57 George J. Lavin. Jr .. 1.'56 Martin J. O'Donnell, L'49 W. Frazier Scott, L'39 Gordon D. Griffin. L'48 Henry W. Lavi1_1e, 1.'60 Wilson H. Oldhouser, L'52 David E. Seymour. L'60 George W. Griffith. L'23 Nathan Lavine. L'3 1 Harris Ominsky. L'56 David V. Shapiro. L'44 Robert S. Grodinsky, L'50 Samuel P. Lavine. L'28 Thomas N. O'I>;eill. Jr.. L'53 Howard Shapiro. L'64 Mary E. Groff. L'32 Daniel J. Lawler. L'62 Isidor Ostroff. L'30 Milton H. Shapiro. L'40 Bernard M. Gross. L'59 Yale Latris, L.'64 George Ovington. Jr .. L'07 Paul E. Shapiro. L'67 Paul D. Guth. L'56 Robert W. Lees. L'49 Charles C. Parlin. Jr.. L'49 Richard J. Sharkey, L'62 Richard J. Haber, L'64 Arthur W. Lefco. L'71 Da\id C. Patten, L'64 William J. Sharkey. L'58 Frank E. Hahn. Jr., L'35 Detlef G. Lehnardt, L'69 Henry N. Paul. Jr., L'25 Charles A. Shea. Jr., L'36 Richard E. Halperin, L'68 Anthony S. Leidner. L'6 1 the late Henry D. Paxson. Jr.. L'29 Stanford Shmukler. L'54 John C. Hambrook. L'47 William T. Leith. L'41 William B. Pennell. L'61 David S. Shrager, L'60 Rayner M. Hamilton, L'61 A. Leo Levin. L'42 Pepper. Hamilton & Scheet7 Morris M. Shuster, L'54 Joel M. Hamme, L'73 Herbert S. Levin. L'3 1 in memory of Mr. & Mrs. Anthony N. Siciliano John G. Harkins. Jr., L'58 Jack P. Levin, 1.'71 Marilyn R. Mauskopf. L'68 Nathan Silberstein, L'33 Edward M. Harris. Jr., L'49 Leonard Levin. L'50 Lawrence M. Perskie, L'49 Seymour S. Silverstone, L'25 Libby S. Harwitz A. Harry Levitan, L'35 James H. Peters, L'51 John P. Sinclair, L'39 in memory of Arthur Levy, L'55 Martin H . Philip. L'3l Jack Sirott, L'52 Jerome H. Harwitz. L'56 William J. Levy. L'64 Harry Polikoff, L'3 1 Leonard S. Slavit, L'56 Robert A. Hauslohner. L'50 Edward J. Lewis, L'62 Guyla W. Ponomareff. L'56 Dolores Korman Sloviter. L'56 Jeffrey C. Hayes, L'71 Peter P. Liebert Ill. L'41 Robert C. Porter. L'39 Richard B. Smith, L'53 John S. Hayes. L'59 William E. Lindenmuth, L'41 Herman B. Poul, L'38 Edward L. Snitzer. L'55 Robert T. Healey. L'54 Herbert M. Linsenberg. L'51 Howard I. Powell, L'l6 Ah·in L. Snowiss, L'55 Jesse G. Heiges, L'38 Wiiliam Lipkin. 1.'33 Daniel Promislo, L'66 Charles S. Sokoloff, L'66 Paul W. Heil. L'66 Louis Lipschitt, 1.'27 Samuel F. Pryor Ill. L'53 Ed"in Lee Solot, L'60 Charles A. Heimbold, Jr., L'60 H. Allen Lochner. L'39 Louis C. Pulvermacher. L'51 Elvin R. Souder. L'42 John F. Heinz. L'50 Wilfred F. Lorry. L'61 Alfred W. Putnam. L'47 Arthur R. Spector. L'65 Carl J. W. Hessinger, L'40 David P. Loughran. L'62 Charles E. Rankin. L'42 Bany R. Spiegel, L'54 Alvin E. Heutchy, L'41 D. Arthur Magatiner L'l4 R. Stewart Rauch. Jr .. L'41 A. Grant Sprecher. L'61 William C. Hewson. L'67 Elias Magil. L'30 John F. Rauhauser, Jr .. L'48 Sidney S. Stark. L'32 Jack R. Hcyison, L'38 in memory of Henry T. Reath. L'48 Henry A. Stein. L'65 Henry S. Hilles, Jr., L'64 Hon. Mark Lefever. L'30 G. Ruhland Rebmann. Jr., L'22 Horace A. Stern, L'48 Irving M. Hirsh, L'55 William G. Malkames. L'57 Lipman Redman. L'41 James L. Stern. L'33 Edward B. Hodge. L'31 Frank H. Mancill. 1.'14 Samuel J. Reich. L'60 Peter M. Stern, L'66 Richard V. Holmes. L'56 Otto P. Mann. L'20 G. Hayward Reid, L'48 J. Tyson Stokes. L'31 Selwyn A. Horvitz, L'59 Alan Wm. Margolis, L'58 Augustine A. Repetto, L'3 1 Jeffrey M. Stopford, L'69 Andres Hourigan, Jr .. L'40 Robert Margolis, L'48 Donald Reuter, L'48 David Stotland. L'37 William S. Hudders. L'29 William B. Marshall, L'40 David F. Richardson, L'65 J. Pennington Straus, L'35 Mr. & Mrs. Edwin E. Huddleson, Jr. the late William L. Matt, L'29 Grover C. Richman, Jr., L'35 Gertrude Strick, L'53 https://scholarship.law.upenn.edu/plj/vol11/iss2/1 22 et al.: Law Alumni Journal

C. Leo Sutton, L'27 Frederick A. Van Denbergh, Jr., L'37 Roy J. Waychoff, Jr., L'41 William C. Wise, L'33 James A. Sutton, L'38 Charles B.P. VanPelt, L'49 Wilton W. Webster, L' l2 Marvin M. Wodlinger, L'60 Marc L. Swartzbaugh, L'61 Jonathan D. Varat, L'72 Benjamin Weinstein, L'37 Morris Wolf, L'03 Thomas A. Swope, Jr., L'59 E. Norman Veasey, L'57 Jerome B. Weinstein, L'34 Bernard Wolfman, L'48 Myles H. Tanenbaum, L'57 John D. VerStandig. L'74 Lewis Weinstock. L'40 Thomas E. Wood, L'66 L. Gerald Tarantino. Jr., L'58 Harold K. Vickery, Jr., L'66 H. John Weisman. Jr.. L'42 William A. Wyatt, L'53 Frank K. Tarbox. L'50 Harry P. Voldown. L'31 Ronald P. Wertheim, L'57 Howard Yarus, L'49 Howard W. Taylor, Jr., L'39 Ernest R. Von Starck, L'37 H. John Weisman, Jr., L'42 Sidney T. Yates, L'54 William J. Taylor, L'52 Robert E. Wachs, L'52 Ronald P. Wertheim, L'57 H. Albert Young, L'29 S. Robert Teitelman, L'4 1 Murray J. Waldman, L'52 Morris M. Wexler. L'27 Ronald Ziegler, L'60 Michael L. Temin, L'57 Virginia B. Wallace. L'50 John H. Wharton, L'27 Lloyd R. Ziff, L'71 William Thatcher, L'54 John A. Walter, L'60 Thomas R. White. Jr., L'36 Robert H. Zimmerman, L'58 Ira P. Tiger, L'59 Guy E. Waltman. L'29 Welsh S. White, L'65 Simon R. Zimmerman III, L'57 Herbert Toff, L'38 Peter C. Ward, L'64 Thomas E. Wilcox, L'48 David B. Zoob, L'27 David R. Tomb. Jr., L'59 Helen Moran Warren, L'30 S. Donald Wiley. L'53 William F. Trapnell. L'5 1 Gilbert Wasserman. L'61 Roy Wilkinson. Jr.. L'39

CONTRIBUTORS

CLASS OF 1903 CLASS OF 1917 Baldwin Maull Nathan L. Edelstein Morris Wolf Meyer L. Casman Desmond J. McTighe Elinor G. Ellis M. Joseph Greenblatt Henry N. Paul. Jr. in memory of CLASS OF 1904 Albert L. Kat7 William M. Ruddock Herman M. Ellis *Walter Cook Longstreth Robert C. Ligget James B. Sayers Stuart B. Glover Marshall H. Morgan Walter Seiler in memory of CLASS OF 1907 Philip F. Newman Seymour S. Silverstone Clifford M. Bowden George Ovington, Jr. Rose Lerner Perlman ·Geoffrey S. Smith Stuart B. Glover Harold D. Saylor Joseph A. Gra1ier CLASS OF 1908 Edward J. Swotes CLASS OF 1926 im memory of Isaac Ash Henry W. Balka Clifford M. Bowden Leon J. Obermayer CLASS OJ- 1919 Julius C. Baylinson Joseph A. Grazier Ernest R. Keiter Sol Brody Martin Greenblatt CIAA OF 1910 Joseph S. Clark. Jr. William C.A. Henry Sidney Loewenstein CLASS OF 1920 Joseph G. Feldman Jesse Hyman Harold L. Ervin Gerald A. Gleeson Louis Ingber CLASS OF 191 1 Otto P. Mann Edward B. Guerry John P. Jordan Virginia R. Mitz Eugene H. Southall John F.E. Hippe! Samuel P. Lavine in memory of W. James Mcintosh Paul S. Lehman David E. Rattin CLASS OF 1921 Frank M. Travaline, Jr. Abraham Levin Fred T. Fruit Francis II. Bohlen, Jr. Thomas R. MacFarland. Jr. Thomas M. Hyndman Clarence G. Myers CLASS OF 1927 George M. Miller. Jr. Michael Korn Sadie T.M. Alexander Robert S. Taylor. Jr. CLASS OF 1922 Philip W. Amram Edward S. Weyl CLASS OF 1912 Franklin H. Bates Al\'in W. Carpenter W. Barclay Lex Harold F. Butler Da\'id J. Dean CLASS OF 1929 Wilton W. Webster Thomas McConnell III Herman Eisenberg Milton Berger Leo H. McKay Harry Friedman Herman Cohen CLASS OF 1914 G. Ruhland Rebmann. Jr. Emil F. Goldhaber Stanley B. Cooper J. Charles Adams Sybil U. Ward Harold H. Hoffman Daniel Debricr Robert M. Bernstein Robert B. Johnson Lawrence E. Frankel Edwin H. Burgess CLASS OF 1923 Charles M. Justi Franklin B. Gelder L. Leroy Deininger George W. Griffith Louis Lipschitz Walter E. Greenwood, Jr. in memory of Holman G. Knouse William Rowe William S. Hudders Hon J. Whitaker Thompson Manuel Sidkoff Joseph G. Jackson Dominic Furia CLASS Or 1924 Frederick B. Smillie *William L. Matz D. Arthur Magaziner Robert K. Bell C. Leo Sutton *Henry D. Paxson Frank H. Mancill Hazel H. Brown Charles C. Townsend Sidney Schulman Stanley J. McKinney Ida Oranovich Creskoff Stewart E. Warner Martin L. Steiger Mark T. Milnor Thomas MCE Johnston William Nelson West Theodore Voorhees Richard H. Klein Morris M. Wexler Guy E. Waltman CLASS OF 1915 David F. Maxwell John W. Wharton H. Albert Young J. Wesley McWilliams David B. Zoob CLASS OF 1925 CLASS OF 1916 Meyer E. Cooper CLASS OF 1928 CLASS OF 1930 Thomas M. Lewis Carl W. Funk *Franklin H. Berry Samuel A. Armstrong Howard I. Powell Samuel R. Greenwald Joseph Brandschain George M. Brodhead Paul C. Wagner Charles P. Larkin. Jr. J. Russell Cades Ralph C. Busser, Jr. George E. Letchworth, Jr. Morris Cheston *Deceased Abram L. Lischin Fred W. Deininger *Deceased

Published by Penn Law: Legal Scholarship Repository, 2014 23 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

W. f'rederic Colclough David H. Kubert A. Harry Levitan CLASS OF 1938 Samuel F. Ewing Rose Kotlin Landy Daniel W. Long Ralph M. Barley Joseph hrst 1 srael Packcl William Morris Maier Samuel B. Blaskey S\dnev Gerber Raymond M. Pearlstine Harrv R. Most Raymond J. Broderick J: Ru;sdl Gibbons Harold R. Pro11.ell William J. Myers Theodore L. Brubaker Robert W. Greenfield �1ax Rosenn Jacob Philip Joseph W. Ca rm\ath Stanley Jakubo11.sk1 Sidney S. Stark \iathan I . Reibman Keron D. Chance \iorman J. Ka!cheim Horace W. Vought Grover C. Richman, Jr. Richard N. Clattenburg Joseph Kaplan Ed\\ard Z Winkleman John Ross Sylvan M. Cohen Herman Krakovit1 Louis B. Schwartl J. Harry Covington Ill \\illiam H. Kresch CLASS OF 1933 Boyd !.. Spahr. Jr. Fred Y. Dietrick l. Harn Le\in Gustave G. Amsterdam J. Pennington Straus M. Carton Dittman, Jr. Samuel Lichtenfeld Robert J. Callaghan T.r. Dixon Wainwright Leonard L. Ettinger Elias �1agil Sidney Chait Albert C. Weymann. Jr. Myer Feldman in memory of Hon. Jay H. Eiseman Irving Wilner Robert l\. Ferrer �fark E. Iefcver Eugene H. Feldman Arnold Winokur Lockwood W. Fogg. Jr Clarence Memo\ Ho\\ard W. Fineshriber Bernard Frank lsidor Ostroff Ed\\ard First CLASS OF 1936 Richard W. Goslin, Jr. James W. Scanlon Joseph H. Flanter Samuel Bard Harry A. Greenberg Andre\\ J. Schroder II Henry Greenwald Richard Benson Jesse G. Heiges Lloyd J. Schumacker Edward A. Kaier Rcderick T. Clarke Jack R. Heyison \;orman Snyder Joseph M. L.eib Alfred F. Conard Gregory G. Lagokos Leon B. Traub William Lipkin Harry T. Devine Maurice Levin Helen \1. Warren Francis J. Morrissey. Jr. Herbert G. Dubois Barron P. McCune haley :\. Weidner John B. Pearson Wayland F. Dunaway Ill John L. Owens .John R. Young John E. Power. Jr. Edward P. Frankel Irwin Paul David H. Rosenb•uth Sylvester Garrett Morris Pfael1er II ClASS OF 1931 Francis M. Sasse Lewis M. Gill Herman B. Poul Alexander B. Adelman Gilliat G. Schroeder J. Sydney Hoffman Hanley S. Rubinsohn \;'athan Agran :\athan Silberstein George C. Laub Roger Scattergood Philip 1.:-\ Alperdt James L Stern Bernard V. Lentz Irving R. Segal Arthur \\'. Bean William C. Wise Berthold W. Levy John S. Simpson .John H. Bertolet Samuel R. Wurtman Charles W. Miles Ill James A. Sutton Richard R. Bongartz Joseph T. Murphy Herbert Toff William R. Bready Ill CLASS OF 1934 James l.. Price William White, Jr. Fred B. Creamer S. Samuel Arsht Blair N. Reiley. Jr. Charles S. Delaney William D. Barfield Joseph Rhoads CLASS OF 1939 Natt M. Emery, Jr. Leonard J. Bernstein Henry W. Scarborough. Jr. Roxana Cannon Arsht Ed11.ard B. Hodge Roland J. Christy G. William Shea John P. Bracken Alexander Katzm William H. Conca Charles A. Shea. Jr. Philip A. Bregy George D. Kline Louis W. Cramer Karl W. Strohl T. Sidney Cadwallader II Ashbv M. Larmore Irene R. Dobbs Thomas R. White, Jr. Fronefield Crawford :--:athan Lavine Anthony G. Felix. Jr. John K. Young Leon S. Forman Herbert S. Levin Eugene C. Fish William L. Fox Abraham J. Le\inson Solomon Freedman CLASS OF 1937 Thomas P. Glassmeyer John B. Martin Albert H. Heimbach Mr. & Mrs. Martin J. Aronstein Carl E. Heilman Robert V. :vlassey. Jr. Raymond Heimlich in memory of James Hunter lll Alexander 1.. Nichols George W. McKee. Jr. Arthur S. Lorch Herman Allen Lochner Martin H. Phillip l eon l. Mesirov Joseph Bell Ralph S. Mason Harry Polikoff A. Arthur Miller Claire G. Biehn Le Roy S. Maxwell Shalon Ralph Lester Miller Harrison H. Clement Sherwin T. McDowell Augustine A. Repetto Dorothea G. Minskoff Edward l. Cutler Walter P. McEvilly George M.D. Richards Gilbert W Os11.ald Lawrence 0. Ealy Doris E. Montgomery Samuel J. Roberts Ernest D. Preate Albert B. Gerber Robert C. Porter Arthur S. Salus Harold B. Saler Hyman Goldberg W. Fra1ier Scott W. Albert Sanders Jerome B. Weinstein In honor of John C. Sinclair Willis H. Satterthwaite Juliette A. Goldberg Elias W. Spengler Bernard G. Segal CLASS OF 1935 Moe H. Hankin Howard W. Taylor, Jr. J. Tyson Stokes E. Calvert Cheston Herman F. Kerner Robert Ungerleider Allen C. Thomas, Jr. • James B. Doak Harold E. Kohn Roy Wilkinson, Jr. William H. Vincent George C. Doering Frederick E. Lark Harry P. Voldow Charles H. Dorsett Benjamin S. Loewenstein CLASS OF 1940 Edith H. West Samuel Fessenden Norman L. Plotka Robert D. Branch Jackson Wheatley Calvin J. Friedberg Bayard H. Roberts Samuel A. Breene Gordon W. Gabell Victor J. Roberts, Jr. Richard M. Dicke CLASS OF 1932 Frank H. Gelman John N. Schaeffer, Jr. William S. Eisenhart, Jr. Alexander F. Barbieri Kenneth W. Gemmill Lester J. Schaffer Sidney W. Frick Walter W. Beachboard Louis J. Goffman C. Wayne Smyth Carl J.W. Hessinger M. Robert Beckman Frank E. Hahn. Jr. David Stotland Andrew Hourigan. Jr. Samuel A. Blank Donald V. Hock Clyde W. Tee! Theodore B. Kingsbury !II William C. Bodine Charles W. King Frederick Vandenbergh, Jr. William B. Marshall Harold J. Conner Robert F. Lehman Ernest R. Vonstarck John L. McDonald John M. Davis Benjamin Weinstein Samuel V. Merrick Mary E. Groff *Deceased Clinton F. Miller https://scholarship.law.upenn.edu/plj/vol11/iss2/1 24 et al.: Law Alumni Journal

Paul V. Miller Barton E. Ferst Milton A. Wollman Richard E. Penniman Edwin P. Rome Meyer Kramer John F. Zeller Ill Stanley W. Root. Jr. David J. Salaman L. Stanley Mauger Harold S. Rosenbluth Edwin H. Satterthwaite David V. Shapiro CLASS OF 1949. February in honor of Helen Solis-Cohen Sax Michael Waris. Jr. W. Alan Baird Bernard Wolfman Robert W. Sayre Paul L. Wise Hyman l.. Battle Jr. Douglas D. Royal Milton H. Shapiro Lewis B. Beatty. Jr Al.:ander \1. Rubin. Jr. A. Dix Skillman CLASS OF 1945 Marshall A. Bernstein Sylvan H. Savadove Lewis Weinstock Jane Mahady Mcintyre Alan H. Cassman AI\ in R. Schomer Adam G. Wenchel Violet Hursh Meehan Samuel B. Corliss !-rank K. Tarbox Samuel S. Cross Virginia B. Wallace CLASS OF 1941 CLASS OF 1946 Ralph B. D'lorio Henry H. Wiley Horace C. Cardoni Curtis C. Carson, Jr. George C. Eppinger Robert M Zimmerman Paul M. Chalfin Robert G. Erskine, Jr. M. Stuart Goldin Frederick J. Charley John L Esterhai James W. Hagar CLASS OF 1951 John R. Clark Janet Benjamin Macht Edward M. Harris. Jr. Clyde W. Armstrong Marvin Comisky John R. Miller A.C. Reeves Hicks C. Thomas Attix, Jr. A. Lynn Corcelius H. Warren Ragot George Kat7.Jr. Mar\in K. Bailin Robert I. Cottom Harold Tull Robert W. Lees Milton Becket John J. Dautrich Williarr H.G. Warner Milford 1.. McBride, Jr. Hareold Berger Edward M. David Lambert B. Ott Christopher Branda, Jr. Richard J. Farrell CLASS OF 1947 Lawrence M. Perskie William J. Carlin Oscar Goldberg Sidney J. Apfelbaum William D. Valente Stuart Coven Alvin E. Heutchy Samuel S. Blank Charles B.P. Van Pelt Harold Cramer Vincent J. Labrasca Raymond J. Bradley William T. Walsh Charles E. Dillon William T. Leith Charles R. Cooper, Jr. Howard Yarus John F.A. Earley Peter P. Liebert Ill Emersonl.. Darnell Jay S. Fichtner William E. Lindenmuth Albert G. Driver CLASS OF 1949. JC!'\E Martin S. Goodman Daniel J. McCauley, Jr. Justin G. Duryea William H. Bayer Joseph K. Gordon R. Ste\\art Rauch. Jr. Leon Ehrlich Francis J. Carey. Jr. Oliver F. Grren. Jr. Lipman Redman John C. Hambrook Louis J. Carter Francis B. Haas. Jr. Milton W. Rosen George M. James Basil S. Cole. Jr. Gerald J. Haas Leonard Sarner William H. Mann Irvin J. Good John P. Hauch. Jr. Bernard J. Smolens Alfred W. Putnam Bancroft D. Haviland Edmond H. Heisler Edwin K. Taylor Herman \1. Rodgers William M. Hebrank Leon C. Holt, Jr. S. Robert Teitelman Richard M. Sharp James F. Hyde, Jr. Henry M. Irwin Edmund P. Turtto Morris L. Weisberg Herman H. Mattleman Da\ id Kittner Robert C. Walker. Jr William E. Miller. Jr. Robert L. Leininger Roy J. Waychoff. Jr. CLASS OF 1948 Robert I. Morris Herbert M. Linsenberg Paul A. Wolkin James G. Aiken Edward W. Mullinix John H. McKeever Walter Y. Anthony. Jr. Davis H. 'l;elson Edward B. Meredith CLASS OF 1942 John M. Bader Henry R. -.;olte. Jr. George James Miller Frederic L. Ballard James C. Bowen Martin J. O'Donnell Thomas R. Morse. Jr. Philip E. Barringer Richard P. Brown.Jr. James A. 0'\/eill James E. O'Connell William ;-.1. Clarke James E. Buckingham Charles C. Parlin, Jr. William J.C. O'Donnell Edmund Jones Robert P. frankel James J. Rattigan Donald G. Oyler Thomas J. Kalman Harry M. Grace Marvin Schwartz James C.!'\. Paul Samuel S. Laucks, Jr. Lewis P. Green Edward M. Spector James H. Peters A. Leo Levin Gordon D. Griffin Robert W. Valimont Louis C. Pulvermacher Charles E. Rankin Joseph F. Harvey David M. Sat?, Jr. Walter �. Read Daniel H. Huyett lll CLASS OF 1950 Joseph J. Savit7 Samuel L. Sagendorph Arthur S. Kelsey Morton Abrams Henry G. Schaefer. Jr. William Z. Scott -.;ayes E. Leech William W. Atterbury. Jr. Robert M. Smith Mabel Ditter Sellers Robert Margolis J. William Barba John D. Smyers Craig M. Sharpe Francis E. Marshall Stanley Bashman William F. Trapnell Elvin R. Souder Robert F. Maxwell Francrs A. Biunno Thomas A. Walrath Thomas B. Steiger John f. McCarthy, Jr. Kenneth F.C. Char H. John Weisman. Jr. Marvin D. Perskie John W. Douglass CLASS OF 1952 Thomas H. Wentz Franklin Poul Daniel H. Erickson John G. Bartol George C. Williams John F. Rauhauser, Jr. Peter Florey Juliet T. Brace Henry T. Reath John R. Gauntt J. Scott Calkins CLASS OF 1943 G. Hayward Reid M. Kalman Gitomer John P. Chandler Bernard M. Borish Donald Reuter Richard J. Gordon George H. Conover, Jr. William J. Dickman Scott W. Scully Charles H. Greenberg Clive S. Cummis William B. Johnson Charles S. Shapiro Robert S. Grodinsky Frank S. Deming Allan W. Keusch in memory of Robert A. Hauslohner Joseph S. Elmaleh Austin M. Lee Harry Shapiro.L'll, and John F. Heinz Joseph P. Flanagan. Jr. Ellis W. Vanhorn, Jr. in honor of Paul L. Jaffe Maxwell P. Garson David M. Watts D. Donald Jamieson, L'50 Stephen J. Korn Robert S. Hass Edward Williams. Jr. E. Eugene Shelly Leonard Levin Richard A. Huettner Horace A. Stern Melvin G. Levy George B. Kaiser CLASS OF 1944 Mildred Lubich Weisberg Joseph Grant McCabe lli Edwin R. Lowry Trudell Green Brown Thomas E. Wilcox Murray S. Monroe William J. Lubic Theodore A. Evans Bernard Wolfman William G. 0'!\'eill Edward M.Nagel

Published by Penn Law: Legal Scholarship Repository, 2014 25 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

Wilson H. Oldhouser Gerald J. Mongelli Guyla W. Ponomareff John J. Runzer Marion D. Patterson, Jr. Pace Reich John S. Schmid Joseph H. Savitz William P. Quinn Raymond C. Schlegel Carl W. Schneider Allan B Schneirov Benjamin H. Read Robert M. Scott Leonard S. Slavitt Edwin W. Semans. Jr. Benjamin F. Schweyer Stanford Schmukler Donn P. Slonim William J. Sharkey Jack Sirott Morris M. Shuster Dolores Korman Sloviter David J. Steinberg Walter I. Summ�rfield. Jr. Barry R. Speigel Barlow Smith L. Gerald Tarantino, Jr. William J. Taylor Michael J. Stack, Jr. John A. Vuono Friedrich J. Weinkopf Robert E. Wachs George S. Stewart Ill Vincent X. Yakowicz Elliott Yampell Murry J. Waldman James F. Swartz Barbara Kron Zimmerman Carl K. Zucker Minturn T. Wright Ill William Thatcher William A. Whiteside, Jr. CLASS OF 1957 CLASS OF 1959 CLASS OF 1953 Joan P. Wohl Maurice Axelrad Louis J. Adler Margaret P. Allen Edward A. Woolley Isaac H. Clothier L. Carter Anderson Vincent J. Apruzzese Sidney T. Yates Robert S. Cohen Philip G. Auerbach E. Boyd Asplundh James N. Diefenderfer Donald Beckman Nathaniel A. Barbera CLASS OF 1955 Patricia H. Frankel Joseph Beller Leonard Barkan William H. Brown Ill Mahlon M. Frankhauser Gerald Broker Richard A. Bausher Charles J. Bufalino, Jr. Samuel L. Glantz H . Donald Busch Don B. Blenko Thomas J. Calnan. Jr. Robert F. Glaymon James J. Casby. Jr. Mitchell Brock Joel C. Coleman larry J. Goldsborough Philip Cherry James S. Cafiero Samuel Diamonci George C. Greer Jonathon S. Cohen Elizabeth Hill Carson Stephen M. Feldman Norman M. Heisman William Congreve Ill Gordon Cavanaugh Manuel Grife John 0. Karns John J. Cowan Albert J. Feldman Irving M. Hirsh Richard Kirschner Richard C. Csaplar, Jr. Louis S. Fine James M. Howley Goncer M. Krestal Alexander A. DisantL. A. Theodore Flum W. Scott Johns Ill Seymour Kurland William H. Eastburn lll Caleb Foote David J. Kaufman William W. Lanigan Seymour H. Feingold Joseph H. Foster Robert L. Kendall, Jr. Charels H. Laveson John J. Francis. Jr. John C. Garner Norman M. Kransdorf William G. Malkames Murray C. Goldman Bernard M. Kimmel Edwin Krawitz James F. McClure, Jr. Arthur R. Gorr Allan W. l.ugg Arthur Levy Edward M. Medvene Bernard M. Gross Donald R. McKay Arthur H. Moss Leon A. Miller John S. Hayes Ellis H. McKay Paul A. Mueller. Jr. Joseph S. Molomik Selwyn A. Horvitz Henry A. Meinzer, Jr. Bertram S. Murphy James M. Mulligan David M. Jordan George A. Moore. Jr. S. White Rhyne, Jr. D. Frederick Muth Albert W. Laisy Paul A. \lolle Henry S. Ruth. Jr. Russell R. Reno, Jr. Thomas B. Moorhead Roderick G. !'/orris Murray M. Schwartt Richard M. Rosenbleeth John T. Mulligan C. Lee l';utt Ill Edward L. Snitzer Edward E. Russell Robert P. Oberly Thomas N. 0':\ieill, Jr. Alvin L. Snowiss Joseph W. Salus Peter H. Pfund Samuel F. Pryor Ill David Charles Valsing Richard G. Schneider Martin B. Pitkow Edward W. Silver Mervin M. Wilf Myles H. Tanenbaum George F. Reed Richard B. Smith Barry B. Wohlman Michael L. Temin G. Wayne Renneisen Alan M. Spector Parke H. Ulrich. Jr. Walter A. Smith Stanley P. Stern CLASS OF 1956 E. :\orman Veasey Joseph B. Sturgis Gertrude S. Strick Herbert J. Abedon Ronald P. Wertheim Thomas A. Swope, Jr. Charles B. Strome. Jr. Harry D. Ambrose, Jr. Simon R. Zimmerman Ill Ira P. Tiger Donald P. Vernon Louis D. Apothaker in memory of David R. fomb, Jr. William W. Vogel Edward F. Beatty, Jr. W. Hensel Brown. Jr .. L'55 John D. Wilson David ge. Wagoner Robert M. Beckman S. Donald Wiley George L. Bernstein CLASS OF 1958 CLASS OF 1960 Alan D. Williams, Jr. Joseph Boardman Harris C. Arnold. Jr. David Action Joseph C. Woodcock, Jr. Donald K. Bobb Duffield Ashmead Ill Edward L. Batoff William A. Wyatt Ralph B. Craine, Jr. Bennett I. Bardfeld Charles J. Bogdanoff George C. Xakellis Paul C. Dewey Harold J. Berger Jesse H. Choper Henry B. Fit7patrick. Jr. S. David Brandt Frederick Cohen CLASS OF 1954 A. Fred Freedman Philip Cohen Edward I. Dohin Jerome B. Apfel Isaac S. Garb Martin S. Evelev John F. Dugan ll Paul C. Astor Stephen W. Graffam William D. Frizlen Leonard Ergas Jerome R. Balka Paul D. Guth Howard Gittis \1elvin S. Feldman Stanley W. Bluestine J. Barton Harrison Melvin D. Glass Gordon Gelfand Floyd E. Brandow. Jr. Libby S. Harwitz Sidney R. Granite Michael Goldman Aims C. Coney. Jr. in memory of John G. Harkins. Jr. Lewis J. Gordon ·Marvin Garfinkel Jerome H. Harwit1 Michael G. Kurcias Robert J. Hastings William L. Glosser Richard V. Holmes Alan W. Margolis Charles A. Heimbold, Jr. Garry G. Greemtein Alan G. Kirk II John P. McKenna. Jr. John H. Higgs Robert T. Healey George J. l a\in. Jr. George B. Mc�elis Edward Hoopes IV E. Brooks Keffer. Jr. Richard l. McMahon Ramon R. Obod Richard S. Hyland Richard H. Knox \1crcca Panfil Mears Michael A. Orlando lil I. Grant lrey. Jr. S. Gerald Litvin James W. Moore Jogn H. Parkes John R. Jakubowski Henry C. McGrath \1tlton 0. \1oss James A. Perrin Allan Katz Thomas F. Meehan. Jr. Robert :\'eustadter John W. Roberts Rodman Kober Murray Milkman Harris Ominskv Paul S. Roeder Charles G. Kopp in memory of Kester R. Pier;on Ronald R. Rosenberg Henry W. Lavine Dr. Henry Kozloff Charles K. Plotnick Mortimer D. Rubin Frank H. Lewis https://scholarship.law.upenn.edu/plj/vol11/iss2/1 26 et al.: Law Alumni Journal

Roland Morris Joel Friedman Edwin D. Wolf Richard H. Lamb Samuel W. �ewman John E. Gillmor Stephen G. Yusem Paulette M. Lemay Benjamin S. Ohrenstein Stephen R. Goldstein Alan M. Lerner Robert E. Penn Harold Greenberg Benjamin Lerner Samuel J. Reich Martin G. Heckler CLASS OF 1964 Albert L. Iingelbach Samuel W. Salus II John A. Herdeg John T. Andrews. Jr. Harry R. Marshall. Jr. David E. Seymour Burton Hoffman Richard A. Ash Gerald J. McConomy David S. Shrager Paul D. Horger Steven T. Atkins Morgan L. Pape Edwin L. Solot Garry Hyatt Frank B. Baldwin Ill Stephen W. Peters Lowell S. Thomas. Jr. Steven D. Ivins Michael M. Baylson Carl S. Rauh Nicholas Vadino. Jr. Warren J. Kauffman Harry P. Begier. Jr. Harry E. Reagan Ill John A. Walter Edmond M. Kirby G. William Bissell David Richardson Charles M. Weisman Daniel J. Lawler George C. Bradley Joseph A. Ryan Alvin M. Weiss Edward J. Lewis Earl T. Britt David N. Samson David L. Williams David P. l oughran Stephen A. Coten Sheldon N. Sandler Marvin M. Wodlingcr Spencer A. Manthorpe George M. Dallas Peter V. Savage- Ronald Ziegler Thomas R. McMullin Beryl Richman Dean Arthur R. Spector Edwin S. Moore 111 Da•id Dearborn Henry A. Stein CLASS OF 1961 Stephen J. Moses Francis W. Deegan J. Terry Stratman Jared H. Adams Francis W. Murphy :"'eil K. Evans '\eil H. Tannebaum James H . Agger Ale.'\ander Neave H. Robert Fiebach Welsh S. White Paul R. Anapol H. Christopher Nolde Dennis M. Flannery John T. Williams Lewis Becker Philip S. �yman Michael H. Frankel Parker H. Wilson '\orman C. Cohen Robert M. Philson Robert G. Fuller. Jr. James A. Wimmer Raymond K. Denworth. Jr. Martin M. Pollock John R. Gibbel Stuart A. Wurtman Stuart F. Feldman John H. Potts L. Anthon} Gibson Ruth Morris Force Charles B. Pursel Henry A. Gladstone CLASS OF 1966 Michael D. Foxman Richard J. Sharkey Richard J. Haber David J. Ackerman Robert A. Freedman M. Michael Sharlot Cary R. Hardy Carol R. Aronoff Bernard Glassman Louis P. Silverman Henry S. Hilles. Jr. Robert \i. Axelrod Rayner H. Hamilton James G. Hirsh James B. Blinkoff Peter Hearn CLASS OF 1963 George H. Jackson Ill Fred Blume Raymond T. Hersh David C. Auten John W. Jeffers Robert "'. Bohorad Joseph J. Horvath Donald V. Berlanti Alan K. Kaplan Harrv 0. Boreth James '\. Horwood Aaron D. Blumberg Yale l.atris Tcrr�nce M. Boyle Howard M. Jaffe Harold Bogat7 William J. Levy Richard M. Cherry Michael Joseph Robert P. Browning Frederico Lombard Donald S. Coburn Robert H. Kleeb. Jr. A. Richard Caputo Richard K Mandell Philip L. C<'han Richard Kr7\Janowski Henry B. Cortesi Charles M. Marshall Stephen M. Courtland Lewis S. Ku�kcl. Jr. Robert J. Cotton Bruce S '-iielsen Roger F. Cox Herbert W. Larson Thomas F. Cunnane Michael A. O'Pake Darryle B. Deaktor Anthon} S. Ieidner "';icholas P. Damico David C. Patten John M. Desiderio Paul G. Levy Stephen R. Domcsick Marian R. Pearlman James Eiseman. Jr. Wilfred F. Lorry Lowell H. Dubrow Paul D. Pearson Allan M. Fllman Jack K. Mandel Myrna Paul held Roselyn Prager Ramist lawrence A. Garber Spencer G. \;auman. Jr. Melvyn Freeman David 1.. Robinson Mark E. Goldberg S. Allen :'lieedlcman Edward M. Glickman Christopher R. Rosser Marvin S. Goldklang Da\id r. '\orcross Ja} L. Goldberg Alvin J. Schifrin Roger 1. . Goldman William B. Pennell Michael A. Grean Herbert F. Schwart; Paul W. Heil Francis J. Pfi;enmayer Frederick P. Hafet7 Howard Shapiro Bruce G. Hermelee Arthur D. Rabelow John L. Harrison. Jr. Richard M. Shusterman Stewart A. Hirschhorn David V. Randall Albert W. Johnson Ill Peter C. Ward Dale P. Kensinger Robert A. Rosin Robert 1.. Kaminsky Richard D. Wood Ill Eliott Klein Anthony J. Sobctak Arthur S. Karafin Jeffrey K. Kominers A. Grant Sprecher Martin \1. Kroll CLASS Or 1965 Joseph E. l.astowka. Jr. David 1.. Steck Lawrence A. Krupnick 'v1artin J. Aronstein Leroy S. Maxwell. Jr. Marc 1.. Swart;baugh Judah I. l.abovit7 Harvey Bartle Ill John R. Merrick Gilbert Wasserman John J. Langenbach Robert E. Benson Patncia A. Metter Bruce B. Wilson Gerald M. Levin Harold P. Block Mehin B. Miller Roger S. Young Arnold Machles George G. Breed Stephanie Weiss -.:aidoff David H. Marion Paul J. Bschorr Samuel S. Pearlman CLASS OF 1962 Sidney G. Masri Bernard Chanin Ellrot B. Platt Richard D. Atkins Francis G. Mays Joseph J. Connolly David Plimpton Joseph F. Battle. Jr. John H. McGrail William H. Ewing Daniel Promislo Martin M. Berliner Henry F. Miller Meritt B. Gavin William M. Robinson Barbara P. Berman Joseph 1.. Monte. Jr. Richard GordnTJcr Daniel R. Ross R. David Bradley Louis H. :-.:evins Allan B. Greenwood Fred A. Ruttenberg Jonas Brodie Earle J. Patterson David D. Hagstrom Michael A. Sand Leonard J. Cooper ;'>;cil Rciseman fhomas P. Hamilton. Jr Joel D. Siegel James D. Crawford Daniel C. Soriano. Jr. Gilbert W. Harrison Gurney P. Sloan. Jr. Kenneth M. Cushman Max Spinrad Paul C. Heint; Charles S. Sokoloff George C. Decas Albert '111. Stark John F. Hcllegers Richard D. Steel Richard D. Ehrlich Michael D. Varbalow Stephen L Hymowil! Peter '111. Stern �ick S. Fisfis Faith Ryan Whittlesey James W. Jennings John H. Title} Frederick J. Francis Susan P Windle Richard r Kot; Har,old K. Vickery. Jr.

Published by Penn Law: Legal Scholarship Repository, 2014 27 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

Richard N. Wemer David H. Uuy Marcia D. Greenberaer Theodore W. Mason Joel Weisbera David S. Utwin Earl D. Greenburg John P. McKelligott Matthew C. Weisman William Morrow Wayne T. Jauron E. Ellsworth McMeen Thomas E. Wood Ricbard S. Pactel Edward J. Kaier Maraery K. Miller Bernhardt K. Wruble Joy Kleiner Polloc:lt Marlene F. Lachman Richard L. Plevinslty Arthur H. Rainey Ricbard M. Leisner Mart Pollalt CLASS OF 1967 Thomas A. Ralpb Freel H. Marc:usa Alan H. Rauzin Amy R. Richter David A. Beluco Kenneth A. Sapt Jane Lanse McGrew Boaz M. Shattan, Jr. Ira Brind John D. Scbupper Thomas J. McGrew Steven B. Shore Stewart R. Cades William W. Schwane John J. McLaughlin, Jr. Melvin R. Shutter Melvyn L. Cantor John 0. Shirt Jonathan W. Miller Randall J. Sommovilla Michael Q. Carey Anne K. Silverstein John W. Morris John David F. Tufaro Mart H. Cbazin Rudolph A. Socey, Jr. C. Murphy, Jr. Jonathan D. Varat Walter W. Cohen Lewis G. Steinbera David G. Owen Daniel A. Durltin Clifford H. Swain Patricia J. Parts CLASS OF 1973 Andrew M. Epetcin Peter S. Thompeon Robert M. Potamltin Shirley Kline Robert L. Frieclmaa Jere R Tbollllon John w. Readina Bennett Robert C. ea..idy, Jr. DoMid G. Gavm Jan B. Vleet Lanny M. Sapl Jim L. Chin Carmen L. Gentile Mark O Yudof Mary E.S Schwab Bryson L. Coot Wdliam B. Gray Alfred L. ShilliDa Bernard J. D'Avella, Jr. Jacob P. Han CLASS OF 1969 Mart E. Solomo• Charles E. Dorltey Ill Walliam C. HeWIOD Stephen M. Adelson David R. Straus Saul S. Epstein Walliam A. Huanuk Richard B. Alderman Marc W. Suffern II Richard A. Finbera M. Ricbard Kalter Jay R Beer Ricbard T. Tomar Herbert lWuia Briaid E. Carey Leslie Levis Tomenson Murray Gentenbaber Howard N. GreenberJ Arthur L. Kleia Brian Clemow Joaatbaa Vapond Ill Ronald M. Griffith William H. Kuehnle Judith Rutman Cohn John M Willmann Peter s Levitov Geo1JC WDaVIel Joel M. Hamme Susan E. Hofkin Dale Penoeys Levy John F Depoclata CLASS OF 1971 Bentley p Jenltins Edward M. Luria Robert J Dodds Ill Donald R. Auten Dennis J Orabelle Scott A. Junltm Alan R. MartizoD James D. Beste Steven J. Kaliab Marvin J. Muaclel William D. Eam Stewart A. Block Spencer W. Frank, Jr. Wendy M. Keats N"ICholu J. Nutui Charles J. Bloom David Lehman John c. Newcomb Henry y Goldman James S. Bryan Philip R. lezeDby, Jr. Robat C. OrJer Charles A. Gorcloa Wdliam c. Bullitt Randall H. McFarlane Norman PeulstiDe Albert P. lleayi Fruit G. Cooper James C. McGuire William A. ROlOff Lee M. Hymertina John M Omninabam John J. Pollio Jr. Louil s. Saclll Harvey c Jobatoa Alan M. Darnell Allen E. Rennett Lee Ooocl Scott Stevea c ICaba Jeffrey c.Hayes Charles N. Riley Paul E. Shapiro DetWG Lebaantt Robert o. I6Ua Henry s. Scbleifl' Dennis R. Suplee CiO'onl B. Lepqe,Jr. Juliaa larpotJ Stephen R. Takeuchi Baldwin B. Tuttle John F Meip Donald A. Klflll David B. Wembera Sharon Kaplan Wallis Jolm G. MiDer Arthur W. Lefco Georae w. Westervelt, Jr. Lawrence Weiner Marpret Moist Powers Jaclt p Levi& Joeeph H. Wolfe, Jr. A. Ronald Wdkoc: Wdliam Powen, Jr. Alexaader I. Lewis Ill Sharon M. Zimmer Robert L. Pratter 0 Craia Lonl CLASS OF 1968 Mic:Mel J Ro.cb Joel w. Meum, CLASS OF 1974 Lawreace L Allraa William G. Roaenoa Leslie J. Scallet Nancy J. A1tmaa Slaatoa V. Alna Carol 0 Seabrook ADdrel J SdrwartzmaD Kevin T. Bailie Richard L. Bueloa Allen H. Sbeptow MicMel K. Simon Steven Bert David Beader Ricbard p Silla E. Clinton Swift. Jr. William H. Bobnett Stanley J. BemateiD Susaa Rou Stem Bruce L. ThaD Alan T. Cathcart Frederic: W. Cart Ricbard W. Stewnson James Weiner Stephen P. Deitsch DovaJu c. Conroy Jeffrey M. Stopford Robert N. Weinstock Samuel 0. 111108 David w. DyltbOUie Peter B. Dodloa Theodore A. Youaa Orepry A. W- John P. Edpr Charles P. E,.r Arthur A. Zatz James W. Ehrman John W. FIICIIIr Bradford F. Whitman Uoyd R. Ziff Jaclt M. Feder La wreace J Fox Bqb D w. m Bury Gottlieb Earl R. Frultlin CLASS OF 1972 Jell'rey R. Horowitz \V"IIIiam F Giea CLASS OF 19'10 D. W. Robert Kemp Dayle S. GiaaiJura Mark L Allltriaa Ricbard Banlt Doria Beuon Stephen D. Kramer Mart D. Gonloa Paul Bernblch John w. Carron Christopher R. Upsett Murray A. Greenbera Frultlin L. Best, Jr. J01eph H. Cooper Thomas J. Manning, Jr. Burton K. Haimes Murray I. Blacltmaa John E. Dewald Gail Uone Mauee Ricbard E. Halperin William c. Bocbet Tbeoclore Eileabera Sandor X. Mayup H. Ben Haader Ronald E. Bomsteia John Endicott Barbara Forster Moore Lawreace B. Hannah James N Bryaat Mite Fain Thomas D. Rea Thomas D. llendem Fraacia J ...... Jr. James S. Feipt, Jr. Daniel P. Reynolcla Jonathan Jewett Carroll J. Cavaaqb John A. Foubey Joeepb F. Roda Robert A. Jones Howard L. Dale Fruit A. Hester Lee S. Saltzman John T. Kellner Robert N. Davenport, Jr. Michael T. Kieeel Bury Scbnittman Brian T. Keim John D. Drqbi Peter B. Kra-.r Myron Seiter William o. Lamotte m Steven B. Fuerst Christopher J. Maraolin Susan Schaeir Tribbitt Normaa E. Leviae I. Michael Greenberpr Peter F. Marvin John D. Ventandia https://scholarship.law.upenn.edu/plj/vol11/iss2/1 28 et al.: Law Alumni Journal

PARE:'..-TS

Mr. & !Vtrs. Adler R. Ahlgren !VIr. & Mrs. Harold E. Grotta Mr. & Mrs. "'athan Auerbach .'vir. & Mrs. Robert A. Harman Dr. & Mrs. Martin L. Beller Mr. & Mrs. Edwin E. Huddleson Mr. & Mrs. Stuart Bernard Mr. & Mrs. Angelo lsicrate Mr. & Mrs. Ralph Blumenthal Mr. & Mrs. Herbert Klapper Mr. & Mrs. Charles K. Brown Mr. & Mrs. Joseph Kushner Medford J. Brown Mr. & !Vtrs. Antonio Magliocco Jesse Lane Burke, Jr. Rose Hofkin Merves Dr. & Mrs. Milton L. Caplan Mr. & Mrs. James R. Mooney Mr. & Mrs. Jules Cohen !VIr. & Mrs. Howard J. Plump Mr. & Mrs. Louis Cohen Dr. & Mrs. H. Raymond Ring Mr. & Mrs. Joseph Cooper Mr. & Mrs. Robert L.. Robinson Mr. & Mrs. Edward Disler Mr. & Mrs. Max Rosenbach Mr. & Mrs. Leonard E. Eisenberg Mr. & Mrs. Stanley Shapiro Mr. & Mrs. Leslie Gardener Mr. & Mrs. Anthony "1. Siciliano Mr. & Mrs. William M. Gilmore Mr. & Mrs. Harry J. Stevens. Jr. Vera Glasberg Mr. & Mrs. "'orman R. Utecht Mr. & Mrs. Paul Goldin Mr. & Mrs. Thomas P. Wheeler Mr. & Mrs. Bernard Gorman

"10'1/ALUMJ\'1

Mr. & Mrs. Stephen E. Aronstein Virginia R. Mit1. Friends of. in honor of in memory of Martin J. Aronstein. L'65 DaYid E. Rattin, L' ll George Bartlett Clarence Morris Mrs. Herman M. Ellis Robert H. Mundheim in memory of A. Clifford Pearlman Herman M. Ellis, L'28 in memory of Jefferson B. Fordham Marilyn Mauskopf. L'68 Max Freedman, W'23 Pepper, Hamilton & Scheell Mrs. Roger Gooding in memory of Libby S. Harwitz Marilyn Mauskopf. 1.'68 in memory of Mr. & Mrs. William Rosenfelt Jerome H. Harwitz, L'56 in memory of Lloyd S. Herrick. W'50 Samuel Goldberg, L'29. and Mrs. Michael Margolies Harry "i. Brenner. L' 12 in memory of Ronald Schindler Louis Appelbaum. C' ll Richard Sloane Julius Wishner

Class Performance

LARGEST PER CAPITA GIFT BEST PERCENT OF PARTICIPATION (Class of 25 or more)

Class Agent Amoulll 1908 Isaac Ash S205 Class Agent Percent 1931 Arthur S. Salus 123 1926 Joseph G. Feldman 40 1914 Frank H. Mancil! 114 1938 M. Carton Dittman. Jr. 40 1925 Desmond J. McTighe 39

GREATEST NUMBER OF CONTRIBUTORS BEST PERCENT OF PARTICIPATION (Classes of less than 25)

Class Agent Number Class Agent Percent 1966 James F. Bell 51 1964 William J. Levy 47 1904 100 1968 Thomas A. Ralph and 44 1911 Alfred H. Wilcox the late David S. Malis 57 1903 Morris Wolf 50 1914 Frank H. Mancil! 50

Published by Penn Law: Legal Scholarship Repository, 2014 29 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

CORPORATE GIFT PROGRAM

A total of 41 forward-looking companies matched, wholly or in part, the gifts that their employees, officers and directors made to Law Alumni Annual Giving in the 1974-75 campaign. Alumni who are eligible to have their gifts matched are urged to send their company's form in order that the Law School may benefit from it. The matching amount is also credited to you, your class, and your region. The Alumni Office will be glad to supply information to any alumnus who may be in a position to suggest the establishment of a matching gift plan in his company. The companies who participated in the 1973-74 Law School Alumni Annual Giving campaign are listed below.

Aetna Life Insurance Company Hercules Aid-to-Education Air Products & Chemicals IBM Corporation Amoco Foundation, Inc. I C Industries Arthur Young Foundation Irving One Wall Street Foundation AT & T Company ITEK Corporation Bethlehem Steel Company Kidder Peabody & Company, Inc. Bristol-Myers Company Lukens Steel Foundation Charles J. Webb Foundation Merck Company Foundation Chase Manhattan Bank Mobil Foundation, Inc. Chemical Bank-New York Trust Company Mutual Benefits Life Cohen, Shapiro, Polisher, Shiekman & Cohen New England Life, The Consolidated Foods Olin Corporation Charitable Trust Covington & Burling Pennsylvania Power & Light Company Dow Chemical Company Pennwalt Foundation Eastern Associated Foundation, The Pitney Bowes, Inc. Eaton Corporation Prudential [nsurance Company Equitable Life Assurance Scott Paper Company Fidelity Bank, The Smith, Kline Foundation Ford Fund Educational AID Program U.S. PlY'''OOd Champion General Electric Foundation Xerox Corporation H. J. Heinz Company Foundation

https://scholarship.law.upenn.edu/plj/vol11/iss2/1 30 et al.: Law Alumni Journal

ABOVE AVERAGE These classes cq ualled or bettered the overall alumni participation of 27percent

Class A gem Percent

1904 100 1911 the late David S. Malis 57 1903 Morris Wolf 50 1914 Frank H. Mancill 50 1920 43 1908 Isaac Ash 40 1926 Joseph G. Feldman 40 1938 M. Carton Dittmann. Jr. 40 1925 Desmond J. McTighe 39 1931 Arthur S. Salus 37 1935 Frank E. Hahn. Jr. 36 1957 Richard G. Schneider 35 1960 John A. Walter 35 1961 Wilfred r. Lorry 35 1927 C. Leo Sutton 34 1950 Stephen J. Korn 34 1964 William J. Lev) 34 1921 33 1930 J. Russell Gibbons 33 1944 Barton E. 1-crst 33 1962 Kenneth M. Cushman 33 1917 32 1928 Joseph Brandschain 32 1951 Henry M. Irwin 32 1953 Leonard Barkan 32 1954 \,1orris \1. Shuster 32 1946 John L. Fstcrhai and 31 John R. Miller 1963 Harold Bogatt 31 1922 30 1937 30 1941 Paul A. Wolkin 30 1956 llenry B. FittPatrick. Jr. 30 1934 Roland J. Christy 29 1936 29 1942 Fred eric I . Ballard 29 1965 Haney Bartle Ill 29 1933 '\athan Silberstein 28 1939 28 1966 James F. Bdl Ill 27 196B rhomas A. Ralph and 27 Alfred II. Wilco\

A GLANCE AT TEN YEARS OF ANNUAL GIVING

Ye ar Sumher of Percefll Amoufll Contributors Participation Comributed

1965-66 1920 43 $102.124 1966-67 1904 43 105,454 1967-68 1857 40 118,491 1968-69 1760 37 118.187 1969-70 1631 33 121.762 1970-71 1736 35 130.166 1971-72 1668 33 132,461 1972-73 1682 32 143.419 1973-74 1476 27 136.126 1974-75 1523 27 137.305

Published by Penn Law: Legal Scholarship Repository, 2014 31 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1 REPORT OF CLASSES

Chairman-Andres Hourigan, Jr., L'40

No. In No. Percent No. in No. Percent Amount Class Class Giving Giving Amount Class Giving Giving

SI,71S 44 54.282 Parenu 36 5,121 21 3,2S8 Nonalumni 17 1900 so ISO 33 100 1903 Morris Wolf 2S 1904 100 2S 100 1905 1906 John Manin Doyle 2S 100 1907 25 100 4 I.02S 7 29 1,091 1908 Isaac Ash 40 s 20 s 1909 Russell Wolfe 4 22 liS 1910 8 13 IS 9 9 56 12S 1911 the late David S. Malis 4 S1 21S 16 4 2S 475 1912 W. Barclay Lex II 2 18 3SO 1913 10 19 37 2.03S 1914 Frank H. Mancill 18 9 so 2,060 7 soo 18 17 62S 191S J. w.. ley McWilliams 14 83S 1916 13 23 13S 20 6 30 1,673 1917 28 9 32 1,43S 36 IS 42 25 2S 1918 4 4 I 20 200 1919 s I 20 200 s 4S 1920 7 3 43 12S 9 33 90 1921 6 2 33 so II 4S 28 400 1922 20 6 30 435 29 102 14 21 227 1923 GeorJIC W. Griffith 12 17 4SS 1924 27 6 22 41S 30 6 20 3S 12 34 1.8SO 192S Desmond J. McTighe 33 13 39 71S 27 8 30 2.0S3 1926 Joseph G. Feldman 2S 10 40 2,478 66 17 26 4.3SO 1927 C. Leo Sutton 61 21 34 3.02S 21 30 1,683 1928 Joseph Brandschain 6S 21 32 2.077 70 19 9SO 1929 68 16 24 1.080 73 14 82 18 22 3,92S 1930 J. Russell Gibbons 83 27 33 3,48S 102 31 30 3.0SO 1931 Anhur S. Salus 98 36 37 12.09S l,SOS 1932 80 17 21 1.89S 84 14 17 20 2S I.S10 1933 Nathan Silberstein 76 21 28 2,1SS 80 20 27 2.713 1934 Roland J. Christy 72 21 29 3.482 73 8S 29 34 4.124 193S Frank E. Hahn. Jr. 80 29 36 3,871 4,433 1936 8S 2S 29 3,034 92 26 28 3.S40 1937 81 24 30 2.730 8S 2S 29 82 27 33 2.668 1938 M. Canon Dittmann. Jr. 80 32 40 3,001 1.840 1939 82 23 28 I,S30 8S 26 31 22 24 2,540 1940 Lewis Weinstock 91 22 24 3.80S 93 9S 2S 26 2.S30 1941 Paul A. Wolkin 94 28 30 2.130 21 32 l,73S 1942 Frederic L. Ballard 63 18 29 1,912 6S so 7 14 360 1943 Richard E. McDevitt 49 8 16 310 24 2S 1.17S 1944 Banon E. Ferst 24 8 33 1.260 II 100 194S 9 2 22 110 9 19 16S 1946 John L. Esterhai and 26 31 23S 26 John R. Miller 13 17 l.lSS 1947 Roben M. Landis 1S IS 20 I.S2S 1S 129 32 2S 4.309 1948 Franklin Poul 129 31 24 S,2S6 88 37 42 11.:395 1949F Charles J. Caner 88 21 24 1,67S 72 IS 21 2,1SO 1949J Louis J. Caner 69 18 26 2,4SS 26 26 l.76S 19SO Stephen J. Kom 101 34 34 2.270 101 12S 28 22 2.S47 19SI Henry M. Irwin 123 39 32 3,0SO 2,410 118 29 2S 2,100 19S2 Joseph P. Flanagan. Jr. 116 26 22 132 43 33 3.260 1953 Leonard Barkan 130 41 32 3,160 27 31 2,150 19S4 Morris M. Shuster 88 28 32 2.79S 88 102 20 20 1.78S 19SS Irving M. Hinh and 101 2S 2S 1.79S Roben L. Kendall. Jr. 33 26 2.401 19S6 Henry B. FitzPatrick, Jr.. 124 37 30 2,40S and Isaac S. Garb 97 30 31 2,S8S l9S1 Richard G. Schneider 97 34 3S 3,326 127 29 23 1.810 19S8 Geo. Barnett McNelis 127 33 26 2,160 36 24 2.190 19S9 Joseph Beller IS2 37 24 2.240 IS3 116 38 33 2,19S 1960 John A. Walter 114 40 35 2,380 Ill 43 39 2.7SS 1961 Wilfred F. Lorry Ill 39 3S 2,320 127 33 26 1.22S 1962 Kenneth M. Cushman 127 42 33 2,2SO 47 33 2,680 1963 Harold Bogatz 139 43 31 2.46S 142 6,741 142 48 34 9.1S1 1964 William J. Levy 140 47 34 43 29 2.423 l96S Harvey Banle Ill 146 43 29 2.130 147 190 60 32 2.190 1966 James F. Bell Ill 191 Sl 27 2.325 171 21 960 1967 Jacob P. Han and 171 38 22 1.12S 3S and Lawrence Weiner 1,448 168 43 26 1.198 1968 Thomas A. Ralph and 166 44 27 Alfred H. Wilcox 3S 18 1.307 1969 GeorJIC W. Davin and 191 36 19 1.310 192 Gregory A. Weiss 36 24 1.268 1970 Franklin L. Best. Jr. I SO 38 25 1,44S ISO 34 20 1.16S 1971 Jeffery C. Hayes and 167 2S IS 961 169 Lloyd R. Ziff 199 33 17 92S 1972 Doris Benson 209 28 13 1,09S 26 12 740 1973 Consuela S. Woodhead 216 30 14 99S 210 1974 Peter J. Crosby 21S 26 12 61S

S60S IS23 27 SI37,30S SS22 1476 27 5136.126 https://scholarship.law.upenn.edu/plj/vol11/iss2/1 32 et al.: Law Alumni Journal

/9

A11 Arliclt' !Jy NED WOLF

•• I lla"e Promises

to Keep... ''

f f Ned Wol is an extraordinary man. In his thirty-six How did the Public Interest Law Center of years, he has accomplished more fo r humanity than Philadelphia evolve? Well, the whole thing goes back, in many of us might hope to achieve in a lifetime. one sense, quite a way. By accident of birth, he is an aristocrat, a brahmin-a In the spring of 1963, Dr. Martin Luther King, Jr., member of the prominent Wolf Fa mily of Philadelphia. was put intojail in Birmingham, Alabama, and couldn't By virtue of his dazzling intellect, Wolf can fr eely be get a lawyer to take his case. His wife ca lied the Attorney considered a Renaissance man-a French scholar, a General oftl!e United States and told him of their plight, student of Dante, an accomplished musician. But, by and, from that, grew the idea that lawyers from the personal choice, he probably takes greatest pride in organized bar, the establishment bar, ought to assume being known as one of the leading champions of civil responsibilities in the south where the local lawyers did rights and public interest law in the city of Philadelphia, not. So, in the early summer of 1963, there was a as well as being a member of the Executive Committee meeting at the White House summoned by President of the Albert Einstein Medical Ce nter. Kennedy and chaired by Bernard G. Segal, a Penn Law A cum laude graduate of the Law School, Class of School graduate, a senior partner in a large 1963, Wo(f worked initially fo r the Civil Rights' Philadelphia firm and, also, at that time, the President Commission; later, he supervised the juvenile division in of the American Bar Association. Harrison Tweed, a the of fice of the District Attorney of Philadelphia; and prominent New York lawyer, co-chaired the committee, he is presently Director of the Public Interest Law which was composed of approximately 200 to 300 Center of Philadelphia (PILCOP), an organization lawyers from the large, prestigious firms throughout the dedicated to bringing about institutional change country. Appealing to this group to "come through," the through the legal sys tem. President, to whom no one says "no," launched what As the result of a serious illness, Ned Wolfs office is was initially called The President's Committee. The idea now in his home. From bed, amidst a sea of files, was to organize a way to get the lawyers from the large documents, newspapers-an active ringing telephone at cities in the north down to the south to represent people his right hand-he continues his work. In this article, who became involved in civil rights' activity. The name which is the transcription of a tape recently recorded at was soon changed to The Lawyers' Committee for Civil his home, Edwin D. (Ned) Wolf charts one branch of the Rights Under Law, and an office was opened in history of public interest law in the United States, relates Jackson, Mississippi, with a small staff in Washington, his experiences with what was to become PI LCOP, and D.C. as well. What occurred was, the staff in Jackson shares his thoughts on a variety of other matters. would develop cases, and the large firms would send

Published by Penn Law: Legal Scholarship Repository, 2014 33 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

20 Ned Wolf

The fa ct that law school be part of one's life - not all - is very important.

volunteers there for a month at a time to pick up they would not. They usually found "conflicts." whatever work had to be done. This type of work as well Sometimes, they were genuine conflicts; other times, as that of national interest still continues in they were not. Washington. The project was principally funded by the It became apparent very quickly, with few exceptions, Ford Foundation, although there were other foun­ that the idea of The Lawyers' Committee was not going dations which provided substantial funds. to work because the large law firms were not going to One of the other key persons in putting together the take cases which involved social change. The people on Lawyers' Committee was a man named Lloyd Cutler, a the board of The Lawyers' Committee, although their partner in a major firm in Washington, D.C., who firms were those not taking the cases, were quite became, in 1967, the executive director of the Kerner embarrassed and felt that they could not desert the Commission. In March of 1968, when the commission project. It had, after all, supposedly been working well report came out, The Lawyers' Committee, because of in other cities, and Philadelphia could not be the first to its contact with Cutler, stole a march on everyone and fail. The idea of my doing more of the work was announced a substantial financial committment from developed with the possibility of occasional cases being the Ford Foundation to implement recommendations referred to outside firms. We had a financial problem, so from the report. The Committee set up offices in we set as our initial goal $25 per lawyer from each of the northern cities on the theory that the problems that large law firms, which would be enough to maintain a needed to be faced existed not only in Mississippi but secretary and me in a little office. Soon it became also in the north, and that the leaders of the bars in cities apparent that we needed another lawyer, and we had to like Philadelphia had a responsibility to deal with them. raise our requests to $50 per lawyer. This was very The idea was to have a small core staff in fifteen to difficult. There were some firms that gave the money, twenty cities around the country which would develop some of them after the most incredible pressure. It was law reform matters involving large numbers of people like pulling teeth-and very often from those who and involving major systemic problems related to professed to be the principal supporters of The Lawyers' racism. The staff would then go around to the Committee. It also became more and more apparent participating large law firms and get them to handle the that we ought to forget the referral business. matters, using their expertise and meeting their So there I was, in January of 1973, one of maybe four responsibilities as lawyers to take cases in the public or five lawyers in the city doing public interest, civil interest. This required two things-the money for the rights work. Our staff now numbered two-another staff and the law firms' full cooperation in taking cases. lawyer and myself-and, occasionally, a VISTA lawyer I became the staff of the Philadelphia office of The would work for us for a year. By and large, we Lawyers' Committee for Civil Rights Under Law, concentrated on employment-discrimination cases. We funded by the Ford Foundation for the first year and began to develop a sense of where to scratch around to half of the second, and with the promise of funds and get money and find short cuts. Funds came from firms, a professional skills from eleven large Philadelphia law foundation here and there, work-study money-thus firms. The very first case that the committee decided to enabling us to hire some students. We developed take involved the construction of a subsidized housing projects which we took to people who had particular project in an already racially f economically integrated interests, asking them to fund us to do a particular piece neighborhood in Philadelphia. Most of the residents of work. thought that this housing project would tip that balance The office became a pretty active place. We won a and be inappropriate in view of the fact that there was number of extremely important cases that got already a substantial amount of low-income housing in widespread publicity and were most important in the the area. Even though this was the first case and, it development of civil rights and fe deral jurisdictional would seem, was innocuous enough as subject matter, law. One was Shannon v. HUD, our first, to which I we were unable to get any of the eleven large firms to alluded earlier. That was a case in which the Court of take the case. So, with the help of my father and another Appeals held that the Federal government had an young lawyer in town, I took it. This turned out to be the affirmative obligation to consider racial concentration common situation. There were one or two of these in site selection of subsidized housing. eleven large firms that would take cases but, generally, The second was a jurisdictional case called Conover v. https://scholarship.law.upenn.edu/plj/vol11/iss2/1 34 et al.: Law Alumni Journal

Montemuro, which had to do with the problem of The case was won in the Court of Appeals but was lost in abstention. Although it is a pretty obscure point, it is the Supreme Court on grounds totally unrelated to its very important in the area of law reform and systemic merits. This may be one of the most important equal­ change because it deals with the question of whether one protection cases in a long time, even though it was lost.* can get into federal court at all. The Court of Appeals There were lots of other things that were ac­ agreed with my analysis, and the Supreme Court of the complished between 1969- 1 974, but I think that the United States, in a case decided this spring, had two most important result of those years was the establish­ lengthy footnotes in which they discussed the Conover ment of a credible and respectable practice of the Law analysis, saying that it was quite correct. which we could call civil rights or public interest. The The third was a case called Young v. ITT, which way we conducted our business in those years gave us established a cause of action for racial discrimination in plausibility in fe deral courts, at the Bar, and in the employment under the Civil Rights Act of 1866. That community. case was not quite as important because other circuits In late 1973, Bill Klaus, who was Chancellor-elect of were coming to the same conclusion. It was, however, the Philadelphia Bar Association, came to me and the first or second of the cases and set a pattern that has suggested that we start a public interest law firm, forget been very important in the development of and has about referrals, and raise enough money to support a brought a great deal of flexibility into the practice of group of lawyers to work in the public interest. This was employment discrimination law. exactly what we were presently doing, so we formed a The other case which is, I guess, an important one is board, became incorporated, received our tax examp­ called Educational Equality League v. Ta te, having to tion, and started work as PILCOP in July, 1974. Since do with the selection of the Philadelphia School Board. then we have been working and looking for money. We The plaintiffs, who were leaders of the Black communi­ ty, charged that the then mayor discriminated against * Professor Paul Bender of the Law School has. in fac t, expressed this Blacks in selecting the educational nominating panel. same opinion in class.

Published by Penn Law: Legal Scholarship Repository, 2014 35 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

22

received a $50,000 grant from the William Penn growth that the young lawyers working with us have Foundation for three years to get us started, and the made, but they are still not mature lawyers. We now Philadelphia Bar gave us about $50,000 last year. Most have a codirector who came principally to run a large of that comes from several of the large firms. The salary grant which we received from the state to work on structures and partnership shares in those firms assure problems of developmental disability, but it has turned the lawyers there that they will make more money than out that he has been running the office since I have been the typical lawyer, and most large firms do contribute sick. My codirector and I are each thirty-six years old, something to us, although really a pittance in the and there is only one other lawyer with us who has had context of their gross incomes. My gripe is with other more than two years experience. What we desperately lawyers who earn real money and show no interest in need are tough, imaginative, experienced lawyers who meeting their ethical obligations as set forth in the Code fit into our mold. of Professional Responsibility. l don't know why. We PlLCOP differs from an organization like CLS are not involved with their clients, and we give them (Community Legal Services) and other advocacy business through referrals, but they absolutely refuse to lawyers in that our clientele goes beyond the poor, and gtve us money. our style of doing things is not to confront and fight Despite this, we are in business and are operating with people. (This comes, l guess, from the way in which I a substantial budget. We should be able to support was raised.) I believe that the points of view that we between ten and fifteen lawyers out of our project represent are ones that often need to be advocated in grants, as well as one or two from general unrestricted court, but often one can deal with these problems by funds. A major problem now is finding lawyers. Our talking to people. Fortunately, because ofwho lam and office could be staffed with people coming out of law where I come from, I am in a position to go directly to schools, for of our I 50 applicants last year I 00 were people in power and talk to them. For example, I third-year law students. There are many very bright recently learned that in one city, the bank that Planned people, some of them law review, who want to work for Parenthood deals with will not allow them to use us, but, unfortunately, young lawyers, if put into the Mastercharge; however, the bank does allow this courtroom situation, are going to get eaten up by privilege to common massage parlors. Well, this is experienced litigators. What we need are those obviously illegal, and nothing would be more fun than experienced in both the public interest field and in trial to sue a large bank. That, however, would not be my work as well. We have been extremely pleased with the style, and I would play it differently. As a result of https://scholarship.law.upenn.edu/plj/vol11/iss2/1 36 et al.: Law Alumni Journal

Ned Wolf 23

...the idea of the Lawyer's Committee was not going to work because the large law firms were not going to take cases that involved social change.

family friendships, I have met business leaders and can men in New Jersey. As he wrote and told me of the go directly to them. These relationships enable us to developments of this problem, I began to wonder what I work with the establishment in advocating as strongly as could do to be helpful on the issue. I decided to go to see is necessary our clients' points of view but not the Pope- Pope John-and ask him to make a necessarily litigate them. Since both my fat her and statement on capital punishment. I went to the Vatican grandfather have practiced in Pennsylvania for many and studied the Osservatore Romano, the Vatican years and have good friends among judges and lawyers, newspaper, and discovered that no Pope had made a when I go into Court, I am not just another lawyer. I am statement on capital punishment since Pope Pius someone whom they know will give the "straight approved it in 1942. Some contacts got me as far as a scoop." They know that I am not there trying to make Papal Nunzio, who told me the Pope did not grant money or trying to advance the interest of an individual interviews. This was a shame because I think that had he as opposed to the general public, and this makes a big focused on it, he would have come to the side that, in my difference in the nature of the relationship which we point of view, was right. In preparing for this, I spent establish in an argument. For example, we are trying to much time at the U.S.I.A. library in Rome reading get the Supreme Court to issue rules for the juvenile Cardozo, Brandeis, and Holmes. I had become courts, and I have met twice in their conference to talk disenchanted with Dante studies, which spent too much on this question. They have been willing to listen as a time talking about linguistics and not enough about result of my couple of years of experience with the substance. Although by this time it was July, fortunate­ juvenile court and because they know that I am just ly, there was a place for me in the fall class. attempting to establish a system which is basically fair. The most fun I had in law school was talking to Lou This kind of activity might also be called lobbying-not Henkin about Hebraic law and trying to articulate the in the sense of legislative lobbying-but we utilize it as a principles of agency which governed Zeus's decision to technique rather than resorting to litigation. Similarly, execute Phaeton for having borrowed and crushed because of the credibility we have developed in the Apollo's chariot-this sort of thing. I stayed away from employment area, we are now in a position where our study groups, began to study voice at Curtis Institute of employment lawyers can call up the lawyers who Music and piano at Settlement Music School. I did a lot represent particular companies in the employment­ of reading. That was what made law school palatable to discrimination cases and succeed in working things out. me. The fact that law school be part of one's life-not Again, we obtain our objectives without confrontation. all-is very important. 1 managed to get an understand­ My approach to the Law comes, I think, from the best ing of the Law from my education, which was why I was prelaw experience that anyone could have had. In fact, I really there. I was not there to learn the Internal had no intention of going to law school, nor did I take a Revenue Code, and although ! learned a great deal from single course that could remotely be said to have had my tax course, it wasn't the Code. I worked hard and anything to do with law or legal institutions or politics was graduated cum laude but thought that it was very or American history. I was a French major and, after important to do other things as well. After graduating graduating from Haverford College, went to Italy on a from law school, I did my clerkship, worked for the Civil fellowship from the Italian Government to study Dante. Rights' Commission in Washington, came back to From that kind of background, I learned to ask different Philadelphia to work for the District Attorney's office, questions in law school and in my practice. I tried to heading the juvenile division there for nearly two years, translate them to the context of the Law, and that is and then 1 went to The Lawyers' Committee. where part of my approach-call it humanistic, if you I have to do what I do. That is the way I was raised. I will-may have come from. I think that anyone who was brought up by liberal parents, who believed that one majors in political science or the like in preparation for did for others. My extended family, dating from the law school is making a big mistake. It narrows one down 1850s in Philadelphia, has always done for others­ too soon. whether it be in the form of work, as I am doing it, or in My decision to go to law school was precipitated by a the form of philanthropic activities. One just does for project of a friend. During the year that I was in Italy, he others. That is what life is all about-and there is just no got involved in trying to prevent the execution of three getting away from it, as far as I am concerned.

Published by Penn Law: Legal Scholarship Repository, 2014 37 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

24 Info rmed Consent

THE PA'llE NT�S RIGHT TO RNOW

By MARLENE F. LACHMAN Philadelphia County Bar

Consumerism is in high fa shion today. From truth-in­ In the interest of fair disclosure to the reader, this lending to accurate labeling of can goods, we try to article is not intended to provide pat answers but to raise advise the individual of what he is getting himself into or questions. what he is buying. In a burst of enthusiasm there are those who look at the principles of "informed consent" I. Historical Background as consumer protection for the medical patient who no longer buys medical care as a blind item. Although it is Chief Justice Barnhill of the Supreme Court of North true that case law has developed in the area of warning Carolina sets forth the historical rationale for informed and consent, the law is not yet clear enough nor are the consent in his opinion in Kennedy v. Parrott, 243 N.C. standards objective enough for the medical and legal 355, 90 S.E. 2d 754, 56 A.R.L. 2d 686 (1956), which is community to know with certainty what disclosure by a cited at great lengths in Gray v. Grunnag/e, 223 A. 2d physician to a patient is mandatory, and what is not. 663, 423 Pa. 144 (1956): "Prior to the advent of the modern hospital and

Marlene F. Lachman, a member of the Class of 1970, is before anesthesia had appeared on the horizon of associated with the Philadelphia firm of Bernstein, the medical world, the courts formulated and Bernstein and Harrison. applied a rule in respect to operations which may This article was reprinted with the permission of The now be justly considered unreasonable and un­ Barrister, vol. VL, no. 1, February - March 1975, a realistic. quarterly publication of the Pennsylvania Trial Lawyers "During the period when our common law was Association. being formulated and applied, even a major operation was performed in the home of the patient, and the patient ordinarily was conscious so that the physician could consult him in respect to conditions which required or made advisable an extension ofthe operation. And even if the shock of the operation rendered the patient unconscious, immediate members of his family were usually available. Hence, the courts formulated the rule that any extension of the operation by the physician without the consent of the patient or someone authorized to speak for him constituted a battery or trespass upon the person of the patient for which the physician was liable in damages. https://scholarship.law.upenn.edu/plj/vol11/iss2/1 38 et al.: Law Alumni Journal

Informed Consent 25

"However, now that hospitals are available to most who consents cannot be injured (volenti nonfit injuri) people in need of major surgery; anesthesia is in the questions that arise are: (A) what is meant by common use; operations are performed in the consent, and (B) how must consent be obtained.2 This is operating rooms of such hospitals while the patient particularly crucial since it is the plaintiffs burden to is under the influence of an anesthetic; the surgeon prove that the procedure performed was not authorized. is bedecked with operating gown, mask, and See Smith v. Yohe, 412 Pa. 94, 106 (1963) and Dicenzo gloves; and the attending relatives, if any, are in v. Berg, 340 Pa. 305, 307. some other part of the hospital, sometimes floors away, the law is in a state of flux. More and more A. Black's Law Dictionary defines consent as a courts are beginning to realize that ordinarily a "concurrence of wills," and "An act of reason, surgeon is employed to remedy conditions without accompanied with deliberation, the mind weighing as in any express limitation on his authority in respect a balance the good or evil of each side. I Story Eq. Jur. thereto, and that in view of these conditions which §222; Lervick v. White Top Cabs, La. App. 10 Sq. 2d 67, make consent impractical, it is unreasonable to 73." Although this language would seem to define the hold the physician to the exact operation­ word, how is it to be applied in the doctor f patient particularly when it is internal-that his relationship? v. preliminary examination indicated was necessary. In Gray Grunnagle, 423 Pa. 144, 223 A. 2d 663 We know that now complete diagnosis of an ( 1966), the court cited with favor from Robert E. internal ailment is not effectuated until after the Powell's article "Consent to Operation," 21 Md. L. patient is under the influence of the anesthetic and Rev., 189, 19 I ( 1961 ), which analogizes the doc­ the incision has been made ... tor/ patient relationship to a contractual undertaking. The contract requires the doctor to perform only the "In major internal operations, both the patient and procedure agreed to, although part of the contract may the surgeon know that the exact condition of the be implied through previous dealings and need not be patient cannot be finally and definitely diagnosed formally articulated. The law for many years has been until after the patient is completely anesthetized that a doctor must tell a patient of the facts, risks, and the incision has been made. In such case the complications, and alternatives associated with an consent-in the absence of proof of the contrary­ anticipated procedure. 3 It is this information which will be construed as general in nature and the forms the basis for the patient's understanding and surgeon may extend the operation to remedy any consent to the "contract of medical treatment." Without abnormal or diseased condition in the area of the such information the patient's consent cannot be a original incision whenever he, in the exercise of his balancing of the "good and evil" of the intended sound professional judgment, determines that procedure. The exceptions to the disclosure rule have correct surgical procedure dictates and requires been implied consent (e.g. patient's presence in the such an extension of the operation originally physician's office implies consent to an examination), contemplated. This rule applies when the patient is and when the patient has been unable to respond and at the time incapable of giving consent, and no one medical necessity required immediate intervention in with authority to consent for him is immediately order to save his life. Smith v. Yo he, supra and Dunham available." (Citation omitted) v. Wright, 423 F. 2d 940 (3rd Cir. 1970). The traditional examples of medical necessity have been the case of an An unconsented touching has historically been unconscious patient admitted to an emergency ward in deemed a battery. However, in Pennsylvania, perfor­ urgent need of surgery, or of a patient who is discovered ming procedures on a patient without that individual's to have an emergency situation while he is on the consent constituted a technical assault 1 and gave rise to

physician's liability for injuries sustained as the result of 2 ln Cobbs v. Grant, 502 P 2d I, 7 ( 1972), the court distinguished unauthorized treatment. Since it is common law that he between failure to obtain consent which was held to be a battery and failure to disclose potential complications which it held to be

1 See Smith v. Yohe, 412 Pa. 94, 106 (1963) " ...when a patient is a negligent breach of the duty to disclose pertinent information. mentally and physically able to consult about his condition, in the The latter is an action in negligence while the former constitutes a absence of an emergency, the consent of the patient is 'a deliberate tort. The insurance ramificationsfor the physician are prerequisite to a surgical operation by his physician' and an significant. In the one case malpractice coverage would apply; in operation without the patient's consent is a technical assault the other there may be a claim for punitive damages by the (Moscicki v. Shore, 107 Pa. Superior Ct. 192, 195, 163A.341; plaintiff as well as a disclaimer by the carrier. Dicenzo v. Berg, 340 Pa. 305, 307,16 A2d 15)." 3 Canterbury v. Spense, 464 F. 2d 772, 782.

Published by Penn Law: Legal Scholarship Repository, 2014 39 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

26 Informed Consent

operating table. In either instance the physician may with available relatives) may well result in physician proceed to operate (or to extend the operation in liability. (See Canterbury, supra at 789). process) to save the life of his patient. Gray, supra, and Another area of concern is the detail with which the Canterbury v. Spence, 464 F. 2d 772 ( 1972). However, if doctor must inform his patient. The alternative relatives are available they should be consulted. See treatment to be disclosed to an individual is the viable Gray v. Grunnagle, supra. alternative for that patient-not a medical textbook theory. Alternatives that are not valid for the individual B. Under no circumstances should the doctor delegate need not be discussed. Dunham, supra. Some doctors the responsibility of advising the patient of what is routinely include in their discussion with patients, and involved in an operation. From a practical point of in their written forms, words to the following effect: view, it is that discussion which allows the physician insight into the patient's concerns and allows him to "I understand that the procedure to be performed determine the level of the patient's understanding. A (naming procedure) includes the possible risks of polite nod need not mean that the patient has infection, loss of use of (or loss of use of the understood. Time must be taken to insure that the function of) a part of the body, and even death." patient comprehends the information being imparted and that his understanding is accurate. Furthermore, One would be hard pressed to find a situation not the doctor should not rely on the hospital consent form covered within such wording, especially if the risks for his authority to operate. All too often a patient is peculiar to the procedure are included in the blank admitted into a hospital and is handed a printed form space. for his signature. Unfortunately, the person presenting In Pennsylvania, prior to Cooper v. Roberts, 220 Pa. the form is usually a nurse or admissions clerk, neither A. 260, 286 A. 2d 647, (allocatur denied) (involving of whom is adequately trained to know the full gastric perforation during gastroscopy) the medical ramifications of the proposed procedure. If the patient profession determined the amount of information to be has a question at that point he may well receive no divulged to the patient prior to treatment. In Cooper, answer, or worse yet, misinformation. This is a risk a the Superior Court of Pennsylvania changed the physician should not expose himself to. standard for determining the sufficiency of information In addition, what is the value of a printed form if the imparted from that of the "reasonable physician" to that patient cannot read the language in which it is written, of the "reasonable patient." thereby taking the issue out or the blank spaces for procedure and risks are not filled of the realm of expert testimony. Specifically, the court in-or are inaccurately filled in? The doctor who relies stated that a doctor must disclose to the patient. on others to ascertain the verbal abilities of the patient and who fails to have the written consent executed in his "all those facts, risks and alternatives that a presence (and in the presence of a witness) is inviting reasonable man in the situation which the physi­ problems should the operation go badly. cian knew or should have known to be the plaintifrs would deem significant in making a II. How Much Must A Patient Be told decision to undergo the recommended treatment." A major area of concern to the physician, who is cognizant of his duty to inform his patient, is the Judge Spaulding writing for the court went on to state emotional state of that patient. There are patients who that: (I) do not wish to know their condition, and (2) could not sustain the emotional trauma associated with such "The physician is bound to disclose only those risks knowledge. In the instance where knowledge has the which a reasonable man would consider material to potential of making the individual a poor surgical risk, his decision whether or not to undergo treatment." physicians may find themselves in the dilemma of weighing their own potential liability against what they On its surface, the Cooper decision would appear to feel is the best interest of their patient. However, failing be relatively specific as to what a patient must be told. to discuss the procedure with the patient (and certainly The physician need not disclose every risk; just those https://scholarship.law.upenn.edu/plj/vol11/iss2/1 40 et al.: Law Alumni Journal

Informed Consent 27

which are material.4 However, this decision may, in another physician? Such a standard of disclosure might fact, have opened a Pandora's Box. The judge ofwhat a result in one or two physicians being inundated with patient should be told is no longer the medical work while other competent physicians find that community; the standard has become that creature of patients will not come to them because they do not have the law known as the reasonable man. Let us examine the statistical experience of their seniors. the reasonable wo-man and what s-he would want to Furthermore, requiring a physician to discuss his own know before consenting to a procedure, because a lack competence and experience with a particular operative of information may vitiate the consent (as would procedure may create a problem which jeopardizes the deception or fraud). Once a physician has advised the authority conveyed by the patient's consent. Imagine patient that s-he must undergo a specific procedure, the the patient who after hearing about a procedure, is risks associated with that procedure, alternative reticent and does not wish to have the operation. The treatment and the prognosis associated with each physician in an effort to convince his patient of the alternative, might not the reasonable individual want to advisability of the procedure proceeds to say: know some of the following: " ...but don't worry, I've done this procedure (a) Which hospital am I going into? many times, and none of my patients have ever had (b) Is that hospital fully equipped for this any problems after this procedure. I can assure you procedure? that there is nothing to worry about." (c) Are there better equipped hospitals? Such assurances may, in fact, so outweigh statistical (d) Does the hospital have adequate nursing and data in the patient's mind that neither the patient nor the house staff? physician are prepared for the repercussions of a bad (e) Are there better staffed hospitals? operative result. The patient has trusted his physician (f) What are the technical facilities available at and suddenly feels betrayed; and, the physician finds this hospital? himself in the middle of a law suit. (g) What other physicians will participate in the Since the courts have made the individual "the master procedure? of his ship," and since the patient is entitled to make the ultimate decision as to the quality of his life in terms of (h) In general, what kind of care will I get after the available medical care,5 the medical profession requires operation? legal guidance. Would a reasonable individual go into a hospital for a III. Plaintiffs Burden of Proof biopsy and, possible subsequent amputation for cancer, knowing that the hospital does not have a pathology One should not come to the conclusion that Cooper, laboratory adequate to make the diagnosis? It certainly supra, is an open invitation to litigation every time a seems difficult to believe that someone with available patient has a bad medical result. The mere failure to alternatives would do such a thing; yet it happens. inform a patient, and a subsequent injury, are not Would an individual undergo delicate surgery in a enough to sustain a successful claim. As in cases tried on hospital knowing that there was no intensive care unit to a negligence theory, an informed consent theory deal with post-surgical complications if other facilities requires the establishment of a causal relationship were available? between the failure of the physician to inform the Might not a reasonable individual also want to know patient and the specific injury to the patient. Canter­ about his (her) physician's competence, training, and bury, supra at 790, Bowers v. Garfield, 382 F. Supp. 503, experience with the proposed procedure? In fact, if the 505 F.N. 3, (E. D. Pa. 1974). Specifically, this means that physician is required to disclose the level of his had the patient been warned of the risk which led to the competence, and perhaps the relative competence of his actual harm sustained, consent to treatment would not colleagues, might the patient not seek the services of

5 Dunham v. Wright. 423 F. 2d 940, 945 ( 1970). Canterbury v. 4 Cooper, at 650-65 1. Sp ence. 464 F. 2d 772, 780 ( 1972).

Published by Penn Law: Legal Scholarship Repository, 2014 41 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

28 Informed Consent

have been given. In Cobbs v. Grant, I 04 Cal. Rept. 505, A. What was the procedure? 502 P. 2d I, one sees the trend requiring, as part of the I. Was it necessary? plaintiffs burden of proof, that a reasonable individual (a) Was it an emergency? would not have undergone the procedure had full (b) Could it have been delayed? information been disclosed. The court set forth its 2. Was it entirely elective? rationale as follows: B. What was the patient told? I. By whom? "The patient-plaintiff may testify on this subject 2. When? but the issue extends beyond his credibility. Since 3. Where? at the time of trial the uncommunicated hazard has 4. How? materialized, it would be surprising if the patient­ plaintiff did not claim that had he been informed of C. What did the patient sign? the dangers he would have declined treatment. I. Did the patient understand the written Subjectively, he may believe so, with the 20-20 form? vision of hindsight, but we doubt that justice will be (a)Can the patient read the language 10 served by placing the physician in jeopardy of the which the form was written? patient's bitterness and disillusionment. Thus an (b) Was the language technical? objective test is preferable, i.e., what would a 2. Does the signed form describe the prudent person in the patient's position have procedure actually done? decided if adequately informed of a11 significant D. Was anything said or done which might have perils. (Canterbury v. Spence, supra, 464 F. 2d 772, tended to confuse what was discussed by the 787.) doctor with his patient? "The burden of going forward with evidence of E. Was anything said or done which might have nondisclosure rests on the plaintiff. Once such tended to confuse the wording of the consent evidence has been produced, then the burden of form? going forward with the evidence pertaining to justification for failure to disclose shifts to the Given the "objective" standard of the reasonable physician." Id at 11-12. man, a jury is more likely to find in fa vor of the misinformed or inadequately informed plaintiff if the In the decision in Bowers v. Garfield, 382 F. Supp. 503 operation was elective rather than a lifesaving necessity. (E. D. Pa. 1974), Judge Ditter considered the issue of an Furthermore, a jury is more likely to disregard a consent objective standard with regard to causation and in the form forced upon a patient as a condition of hospital absence of specific Pennsylvania decisions on the point, admission by a para, or non-medical employee than if stated: the doctor personally explained the form to the patient and was present when it was executed. More often than "Following the logic of Cooper, it is my opinion not, an informed consent case arises as a result of poor that Pennsylvania Courts, as several other Courts communication between doctor and patient.6 already have done, would adopt the objective Given the present state of the case law, we are standard on the issue of causation." probably well justified in believing that the Cooper case is not the last word relating to the informed consent In view of the number of states which have adopted problem. Imaginative advocacy may help to define the the reasoning of Cobbs v. Grant, supra, and in view of law further. the Bowers opinion, one might well assume the 6Although a parent or guardian must give consent for treatment of Pennsylvania Courts will in the near future adopt a a child, exceptions have been provided by the Pennsylvania similar stance. Legislature. A minor who is over 18, or who is a high school graduate, or who has married, or who has been pregnant may give consent for medical, dental and health care for himself(herself) or IV. From a practical point of view, the following his (her) child. Furthermore, a parent's consent is not required for considerations should be reviewed before accepting a VD, pregnancy and reportable disease testing and treatment. (See case on a theory of informed consent: Act 1970, Feb. 13, P.L. 9, 35 P.S. §10101 et seq.) https://scholarship.law.upenn.edu/plj/vol11/iss2/1 42 et al.: Law Alumni Journal

29 The Faculty

Professor James 0. Freedman Professor George L. Haskins attend­ Francisco for the International Con­ delivered a paper entitled "The ed the International Congress on gress of Historical Sciences and was Rights of Foster Parents and European Universities During the present at the special session of the Prospective Parents" at a conference Late Middle Ages, held this past May Association Internationale d'His­ on the family and society at the in Belgium. He also spent several toire du Droit, which was devoted University of Michigan in Ann days in England working in the primarily to the reception of foreign Arbor, October 23- 26, 1975. The archives of the ecclesiastical courts of law in the British and Spanish meeting was sponsored by the Socie­ the seventeenth century. possessions of North and South ty for Research on Child Develop­ In early summer, he was appointed America. He delivered an English ment. to the newly formed Sesquicenten­ version of a French address dealing nial Committee of the Town of with the influence of the Napoleonic Professor Stephen R. Goldstein Hancock, Maine for 1978, as special Code in nineteenth-century Europe. recently returned from a year's advisor and publications coor­ He has been serving on the Board of sabbatical in Israel, where he was dinator. He was also named to the Directors of the latter association Visiting Professor at The Hebrew town's eight-member Bicentennial since 1970 and was reelected by the University in Jerusalem. He also 1975-1976. General Assembly to a five-year term lectured to the law faculty there on Committee for on the Board, 1"975- 1980. academic freedom, and, in addition, In August, Mr. Haskins was in San taught a course on American Con­ stitutional Law at Bar-llan Universi­ ty in Ramat-Gan. Mr. Goldstein spoke at the annual meeting of the Pennsylvania School Boards Association in Pittsburgh, Pennsylvania in October, on the topic of the liability of school board members in suits for damages

Vice-Dean Frank N. Jones Nicholas Vadino, President of the represented the Law School at Delaware County Bar Association, ceremonies commemorating the John V. Diggins, President Judge, completion of the revised edition of Francis J. Catania, Administrative the Delaware County Rules of Court. Judge, and Rita Prescott, Esq., Mr.. Jones is seen here with Court Administrator.

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30 The Faculty

Dean Almarin Phillips of the School Laws," The New York Times, News of Public and Urban Policy and of the Week in Review, June 22, Professor of Economics and Law has 1975. page 4. been named, by President Ford, a He has also appeared several times member of the congressionally man­ before congressional groups in dated Commission on Electronic Washington to debate the issue of Funds Transfer System. whether S. l should be killed or saved by amendment. Professor Stephen J. Schulhofer has been appointed to the police com­ Former Dean Bernard Wolfman, mittee of the Governor's Justice Kenneth W. Gemmill Professor of Commission. Philadelphia Regional Tax Law and Tax Policy, is sp�nding Planning Council. the 1975-1976 academic year on sabbatical leave as a Fellow of the Professor Louis B. Schwartz con­ Center for Advanced Study in the Professor A. Leo Levin has returned tinues his active participation in the Behavioral Sciences in Palo Alto, to the Law School after having spent debates over reform of the federal California, where he is working on a two years of study and work in criminal code (see S. l: To Be or Not proposed revision of the Washington as Executive Director of To Be? in this issue). As former corporation-shareholder provisions the Commission on Revision of the Director of the National Commis­ of the Internal Revenue Code. Federal Court Appellate System. sion on Reform of Federal Criminal In September, he spoke at a Pursuant to a recommendation of the Laws, he has published a series of meeting of the California Law Commission, the Third Circuit has analyses of the discrepancies between Alumni in Beverly Hills, which took created a Lawyer Advisory Com­ his commission's recommendations place in conjunction with the annual mittee (see Symposium in this issue) and the provisions of Senate Bill I, convention of the California Bar to which Mr. Levin has been ap­ presently pending before the Senate Association. pointed a member. Judiciary Committee. See "The Mr. Wolfman plans to address two Professor Robert H. Mundheim has Proposed Federal Criminal Code: groups in Los Angeles in January on been appointed Chairman of the Shortcomings of the McClellan Bill," the "Emerging Issues of Federal Tax Subcommittee on Securities Markets 17 Criminal Law ReporLer 3203, Ju(y Policy." He will speak on January 20, and Market Structure of the Federal 16, 1975, and "A Proposal to at Town Hall and on January 22, at Securities Law Committee of the Overhaul the Federal Criminal the Chancery Club. American Bar Association. He also gave the concluding address. entitled "New Conflict of Interest Concepts," to the In­ vestments Conference of the Penn­ sylvania Bankers' Association at Host Corral, Lancaster, Penn­ sylvania in October. Mr. Mundheim's short article, "Comment on the Social Respon­ sibility of Life Insurance Companies as Investors." appears in the October issue of The University of Virginia Law Review. https://scholarship.law.upenn.edu/plj/vol11/iss2/1 44 et al.: Law Alumni Journal

31 Alumni bne�

'22 G. Ruhland Rebmann, Through Law Center at the 7th national Bar Association, and a Jr. was presented the first annual World Law Conference m member of the World Peace through Charles Edwin Fox Memorial Ser­ Washington, D.C. Law Center's Committee on Plan­ vice Award from the Philadelphia Mr. Segal, Chairman of the firm of ning and Goals. Big Brothers Association on Schnader, Harrison, Segal and He is a partner in the firm of September 24, 1975. A member of its Lewis, is a past president of the Morgan, Lewis and Bockius. Board of Directors Advisory Com­ American Bar Association.

mittee for the past fifty years, he was '49 John McCarty has been cited as a "moving force in the '41 Peter F. Pugliese of chosen to serve a three-year term on organization, carrying its banner to Philadelphia has been promoted to the Board of The Philadelphia Trial the national level and affecting the General Solicitor of the Bell Lawyers Association. lives of thousands of youngsters." Telephone Company of Penn­ Mr. Rebmann is a partner in the sylvania and the Diamond State '54 Stanford Shmukler of Philadelphia firm of Obermayer, Telephone Company of Delaware. Philadelphia has been chosen to Rebmann, Maxwell and Hippe!. serve on the Board of The '43 Bernard M. Borish writes Philadelphia Trial Lawyers Associa­ that he is currently Chairman of the '29 Amerigo V. Cortese, tion for a two-year term. Prothonotary of the Philadelphia Public Interest Law Center of Morris M. Shuster was Common Pleas Court has been Philadelphia (PILCOP) and is Vice­ elected President of The Philadelphia conferred by the President of the Chancellor of the Philadelphia Bar Trial Lawyers Association for the Republic of Italy, the Grande Association. He expects to serve as forthcoming year. Ufficiale-the highest decoration Chancellor-elect next year and, in He is a partner in the firm of given an American of Italian descent 1977, as Chancellor of the Bar Shuster and Beckman. in the United States. Association. Mr. Borish is a partner m the Joseph Gray Jackson of '57 E. Norman Veasey of Philadelphia, an emeritus member of Philadelphia firm of Wolf, Block, Centerville, Delaware has been the Spring Garden College, the Schorr and Solis-Cohen. elected to serve a six-year term on the nation's oldest private technical University of Delaware Board of institution, received an honorary '47 Judge Arlin M. Adams of Trustees. He served as Deputy doctor's degree at the !24th com­ the United States Third Circuit Attorney General and Chief Deputy mencement ceremony of the College. Court of Appeals was elected Presi­ dent of the American Judicature Attorney General for the State of Society, an organization composed Delaware from 1961-\963, chaired '30 Chief Justice Benjamin of non-lawyers, lawyers, and judges the Corporation Law Committee of R. Jones of the Pennsylvania devoted to the cause of judicial the Delaware Bar Association, 1970- Supreme Court received the 1974- reform. 1974, and served on the Governor's 1975 Justice Award from the Justice Task Force on Reorganization of the Lodge of B'nai B'rith. '48 Richard P. Brown, Jr. of Executive Branch of Government, Philadelphia has been installed as 1974. He is currently chairman of the '31 W. Albert Sanders an­ Chairman of the American Bar Delaware Board of Bar Examiners nounces the removal of his law Association's Section of Inter­ and the Supreme Court Rules Com­ offices to 120 I Chestnut Street, IIth national Law at the ABA annual mittee. Floor, Philadelphia, 19107. meeting m Montreal this past Mr. Veasey is a partner in the firm Bernard G. Segal of August. Among the many positions of Richards, Layton and Finger. Philadelphia received the 1975 "out­ he holds, Mr. Brown is a Fellow of standing world lawyer" award the American College of Trial '58 J. Harold Flannery, presented by the World Peace Lawyers, a patron of the Inter- formerly of Washington, D.C.. has

Published by Penn Law: Legal Scholarship Repository, 2014 45 Penn Law Journal, Vol. 11, Iss. 2 [2014], Art. 1

32 Alumni Briefs

made a new association with the firm Building, Suite 1710, Denver, Cohen is the Chief Executive Officer of Foley, Hoag and Eliot, 10 Post Colorado, 80202. of the Jefferson Bank in Down­ Office Square, Boston, Massachu­ John A. Herdeg of ington, Chester County, Penn­ setts, 02109. Mendenhall, Pennsylvania, has been sylvania. It is the fi rst bank to win a elected a Senior Vice-President and state charter in seven years and the '59 Thomas B. Moorhead Secretary of Wilmington Trust Com­ only one in the state headed by a has joined Beker Industries Corpora­ pany, where he also heads the Legal woman. Richard M. Goldman of tion of Greenwich, Connecticut as Division of the Trust Department. Pittsburgh, Pennsylvania, has been Vice-President in charge of Ad­ named Chairman of the Task Force ministration. '63 LCDR J. Ashley Roach, JAGC, USN has assumed duties as on Patent Law Revision of the the Staff Judge Advocate to the National Society of Professional '60 Judge John A. Walter of President of the U.S. Naval War Engineers. the Lebanon County Court of Com­ College, Newport, Rhode Island, mon Pleas in Pennsylvania was where he also serves as the head of the '67 S. Ahmed Sarwana of appointed by the Governor to a International Law Division of the Karachi, Pakistan, has been ap­ vacancy on the court last March. He War College's Center for Continuing pointed the honorary, part-time also succeeded in capturing both the Education. In addition, he is a position of Principal at the Islamia Democratic and Republican nom­ member of the Board of Trustees and Law College in Karachi. inations for a full ten-year term in the Secretary-Treasurer of the Naval spring primary. War College Foundation, Inc. He '68 David I. Grunfeld of recently graduated with the highest Philadelphia was appointed to the distinction from the College of Naval Board of Directors of the Command and Staff of the Naval Philadelphia Association of Retard­ War College. The Center for Ad­ ed Citizens, PARC. He is a partner in vanced Research of the College has the firm of Steinberg, Greenstein, recently published his study "Review Gorelick and Price. of Legality of Weapons Under International Law." Thomas D. Henderer of Wilmington, Delaware, has been Clarence W. Vandegrift named Assistant Vice-President of has opened two offices-one at 30 the Legal Trust Division at Rockefeller Plaza, New York, 10020, Wilmington Trust Company. and the other at 1709 New York Avenue, N.W., Washington, D.C., David H. Lissy of 20006. Washington, D.C., was named Associate Director of the Domestic '62 Martin M. Berliner has '66 In addition to being a Council for the White House. Prior become a member of the firm of partner in the Philadelphia firm of to this, he served for two years as O'Connor and Hannan, Security Life Spector and Cohen, Betsy Zubrow Executive Secretary to the Depart- https://scholarship.law.upenn.edu/plj/vol11/iss2/1 46 et al.: Law Alumni Journal

Alumni Briefs 33

ment of Health, Education, and Mr. Waldman was an Assistant Adjunct Professor of Law for the Welfare, as well as senior Special U.S. Attorney in Pittsburgh prior to 1975-1 976 academic year at Universi­ Assistant to Secretary of State his current appointment. ty of Puget Sound's School of Law, William P. Rogers from April 1972 Tacoma, Washington. to September 1973. '70 David K. Brewster has Ms. Aronson served as law clerk David S. Litwin has announced the formation of his law for Judge William B. Enright of the opened an office for the general firm-Taufen and Brewster, 1403 U.S. District Court in San Diego, practice of law at 1180 Raymond Bank of Delaware Building, 300 California, prior to her appointment. Boulevard, Newark, New Jersey, Delaware Avenue, Wilmington, Sandor X. Mayuga of 07102. Delaware, 1980 I. Los Angeles, California, studied

Robert K. Vincent, Jr. private international law this past now lives on the island of Cyprus. He summer at The Academy of Inter­ ' 69 John F. DePodesta of was married in January, 1975 to national Law at The Hague, Philadelphia has been appointed Frances Anne Bevan. Holland. general counsel-reorganization re­ Donald W. Miles is now porting to the Trustees of Penn engaged in the general practice oflaw Central Transportation Company. '72 E. Ellsworth McMeen, at 508 Main Street, Bethlehem, He joined the Trustees in 1971 as III, has become associated with the Pennsylvania, 18018. reorganization attorney. law firm of LeBoeuf, Lamb, Leiby and MacRae, 140 Broadway, New Stuart Weisberg is in Jay C. Waldman was York. Washington, D.C., working as an appointed Special Assistant to attorney with the National Labor Richard L. Thornburgh, Assistant Robert N. Meals an­ Relations Board, General Counsel's Attorney General of the United nounces the formation of his new Office. States in charge of the Justice partnership under the firm name Department's Criminal Division. Schroder, Nicholson and Meals, 800 Candler Building, Peachtree Street, '75 c ynthia A. Kelly has Atlanta, Georgia, 30303, which been appointed Assistant Staff handles general civil-criminal litiga­ Director of the American Bar tion. Association's Youth Education for Citizenship Department in Chicago, Illinois. '73 William C. Sussman has become associated with the firm of Diane Levin and Michael Blatt, Udell, Alterman and Lasky, Gardener were married in August. Suite 400-C, Office in the Grove, Andrea S. Utecht of 2699 South Bayshore Drive, Miami, Philadelphia has become counsel for Florida, 33133. the Colonial Penn Group, Inc. The organization specializes in insurance, '74 Melanie R. Aronson has travel, and temporary employment been named Assistant Dean and services, primarily for older persons.

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34

Reunions, etc. The fortieth reunion of the Class of 1935 took place in October at The Many Thanks A most successful third annual Locust Club in Philadelphia. cocktail party and dinner for second­ I am very grateful to those of you and third-year Penn Law students in The Class of '37 held its thirty­ who took the time to write Los Angeles was held in June. The eighth reunion at The George Wash­ suggestions and words of encourage­ purpose was to introduce the ington Motor Lodge in Plymouth ment after the first Journal under my studentsto alumni in the Los Angeles Meeting, Pennsylvania, in October. editorship was circulated. area. Florence Schwartz Davidow was It is reassuring to know that you elected class president. are out there reading, caring-and Also in June, the Class of 1933 held then telling us so. its forty-second reunion in Blue Bell, The Class of February 1949 had its L.S.H. Pennsylvania. Fourteen members of twenty-sixth reunion at the Law the class attended and reelected as School this past October. class officers Robert Callaghan, President: Nathan Silberstein, In September, Former-Dean Ber­ Hills, California, during the annual Treasurer; and Jerome L. Markovitz, nard Wolfman addressed Penn Law convention of the California Bar Secretary. Alumni at their luncheon in Beverly Association.

In Memoriam

'06 John M. Doyle, Philadelphia, October l, 1975

'12 Arthur R. Miller, Philadelphia, June 3, 1975 Herman Moskowitz, Philadelphia, June 10, 1975

' 14 Domenic Furia, Philadelphia, September 7, 1975

'IS Thomas C. McCarrell, Harrisburg, Pennsylvania, May 9, 1975

'17 P. Herbert Reigner, Reading, Pennsylvania

' 25 Dr. John R. Abersold, Akron, Ohio, July 3, 1975

'28 Franklin H. Berry, Toms River, New Jersey, June 16, 1975 John Ryan, Villanova, Pennsylvania, July 6, 1975 Lawrence M. C. Smith, Philadelphia, August 10, 1975

'29 Arthur T. Gillespie, Allentown, Pennsylvania, July 30, 1975 Irving Marks, Bala Cynwyd, Pennsylvania, Auguat 16, 1975 William L. Matz, Philadelphia, July 15, 1975

' 30 Samuel M. Rosenfeld, Jenkintown, Pennsylvania, June 17, 1975

'31 Philip Cohen, Wilmington, Delaware, May 31, 1975 ' 32 Mrs. Regina Clark McGranery, Washington, D.C., September 9, 1975 William H.S. Wells, Philadelphia, September 2, 1975

' 35 James B. Doak, Merion, Pennsylvania, June 9, 1975 Gilbert P. High, Sr., Norristown, Pennsylvania, September 9, 1975

'39 John M. Hill, Montoursville, Pennsylvania, May 15, 1975

'4 1 Benjamin Forer, Trenton, New Jersey, June 12, 1975 William J. Lowry, lll, Camden, South Carolina, May 12. 1975 '48 David Goldberg, Bala Cynwyd, Pennsylvania, October 14, 1975 ' 52 Robert M. Johnson, Bloomfield Hills, Michigan, October 8, 1975

https://scholarship.law.upenn.edu/plj/vol11/iss2/1 48 et al.: Law Alumni Journal

Law Alumni Society of The University of Pennsylvania 1975-1976

President Edwin P. Rome First Vice-President Thomas N. O'Neill, Jr. Second Vice-President David H. Marion Secretary Marshall A. Bernstein Treasurer Leonard L. Ettinger

Board of Managers Arthur F. Newbold IV Hon. Theodore 0. Rogers Hon. Doris May Harris Patricia Ann Metzer Joseph J. Connolly Robert M. Beckman George T. Brubaker William J. Green Andrew Hourigan. Jr. Sharon Kaplan Wallis Paul J. Bschorr Edward I. Cutler Marlene F. Lachman Carol Seabrook Boulanger G. William Shea

Ex- Qf /lcio David H. Marion, representative of the Law Alumni Society on the Board of the General Alumni Society J. Michael Willmann, law alumni representative on the Editorial Board of the General Alumni Society Marlene N. Lachman, law alumni representative on the Board of the Association of Alumnae of the University of Pennsylvania Harold Cramer and Patricia Ann Metzer, Co­ Chairpersons, Law Alumni Council

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