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Vol27no1.Pdf - ......... TYPED BATIERIES (2 Requiredl • ANKLEBONE CONNECTED TO THE WRENCHED KNEE BONE ANKLE up front To whom it may concern, Gone is the summer of '93 and along Also in this issue, some real news JURISnu DUQU(SNE LAW SCHOOL NEWS MAGAZINE with it the many plans and projects that you can use, including information on were never fulfilled in the summer of '92. computer bulletin boards, some articles Also gone are the summer's swimwear on recent legislation including Pennsylva­ (thank God), the cliche-sloganed cola­ nia's Stalker Law and the Family Leave Act, wars, and our much embraced beer com­ and a couple of articles dealing with the ' departments mercials featuring attorneys as rodeo prey recent changes in the federal rules of (less filling, poor taste). For students, evidence. summer's anxiety has turned into fall's In our next issue, Juris will be spon­ Up Front realities which will be followed by winter's soring a Duquesne Law School shirt and 2 sleepless nights. sweatshirt sale to the alumni and students. Congratulations to last year's Juris (Cheap plug). On Campus staff on earning second place in the Law So pop the top off your favorite beer 4 School Division of the ABA magazine con­ or uncork your most palatable chardon­ test (editors' pat on the back). This year's ney and enjoy our first issue of the 27th Alumni News staff (the fall of malcontents) can only Volume of Juris. After all, that's the way 6 hope to continue the precedence of qual­ it's meant to be read. ity and dedication. In keeping with tradi­ Recent Decisions tion, we hope you will enjoy many of the 26 same types of articles and stories we've brought to you over the years. At the Sidebar In this issue you will meet the new 25, 34 administration of the Law school. Associ­ °'';A~ ate Dean Sekula and Assistant Dean Rago, Editor-in-Chief under the guidance of Dean Cafardi, as­ sumed office on July 1 of this year. Along with our old favorites (alum­ P.S. Here's to next summer's most popu­ on our cover ni, recent decisions) we have the com­ lar television commercial. The one that mencement address by Judge Lewis features your favorite New York ad agen­ The changing game of organ acquisition wherein three old friends give some cy executive facing an IRS audit with a and dispersement policies spurred by the advice to the '93 graduates. Students also voice-over proclaiming: "His deodorant recent debate over Pennsylvania Governor get some interesting advice from Jayme has to be strong since he can't find a tax Casey's heart and liver transplants is Deibler on how to "rest their brains." attorney to represent him." explored on page 18. Thanks to Don Frederickson for donating a spare rib. (Photo by MARTIN EGNA.) Juris is a student publication of the Duquesne University School of Law. Views and opinions expressed herein are not necessarily those of Juris or of Duquesne University. Juris, 900 Locust St., Pittsburgh, Pennsylvania 15282 Tel. (412) 396-6305. Copyright 1993 Duquesne University. Juris is printed on recycled paper. fl Juris contents Portrait of a Daydream, by Judge Timothy K. Lewis 7 MEET THE DEANS In Step With Dean Cafardi, by Michael Stephan 10 In Sync with Dean Sekula, by Jim Tone 12 In Touch with Dean Rago, by Christy Fedigan 13 For Better or For Worse, by Jacqueline 0. Brooks 14 Caution: Brain at Rest, by Jayme Deibler 16 A Most Excellent Opinion 16 Welcome to the Family Uncle Sam, by Glenn E. Camus 17 If I Need A Liver, Should I Run for Office? by Lisa DiCerbo 18 Judges Don Lab Coats, by Ken McKay 21 The Cost of Signing the Dotted Line, by J. W. Bonie 22 Stalkers in the Night, by Terri L. Taylor 30 Tomorrow's Town Square, by Warren Haines 32 Editor-in-Chief Amy F. Haduch Production Editor Managing Editor Martin R. Egna Joanne E. Cohen Senior Editor Assistant Production Assistant Managing Sally R. Miller Editor Editor D'Angela Steed Michele E. McNamara Articles Editors Staff Editors Writers Layout Editor Business Staff Glenn E. Camus Bart Bodkin Jacqueline 0 . Brooks Stacy Tees Patricia Barnett M .J. Charbonnier Renee Eisenberg Jayme Deibler Aaron Deluca Michael Zimecki Joseph Koscinski Lisa Dicerbo Mary Lou Hizney Graphics Editor Paul Oven Cristy Fedigan Patrick Lawlor Lisa Graniero Elizabeth Reiter Donald Fredrickson Recent Decisions Mark Skolnicki Warren Haines Susan Gaetano Faith Slampak Steve McClintock Photography Editor Steve Wirth Cindy L. Smith Ken McKay Dale Provins Jennifer Swistak James M. Rarick Jim Tone Mike Stephan Copy Editors Terri L. Taylor Artist Margo Carter Jerry Yanity Aaron Lyons William Gagliardino Student Organizations Alice Rudolph Front Line Editors Photographers Coordinator Renee Solomon Beverly Bertin Michael Fiorentino Jan Daschbach Colleen Finnegan Alan Hader Susan Fix Laura Schaffron Beat Editors Tom Isenberg Contributors Jamie Aul Jeff Kubay J.W. Bonie Holly Brent Monique Moye Judge Timothy K. Lewis Production Assistant Faculty Advisors Carol M . Gusherowski Kim Pharr C. J. Rapp Joe Toczydlowski Dean Raymond F. Sekula Professor Patrick J. Basia! Fall • 1993 El Orientation Deemed Success to success in law school. New students their time (and sometimes their outlines were advised to be tenacious, prepared, as well!) to assist the incoming students and to adhere to the highest standards of with any questions, to assuage any appre­ integrity. President Murray also advised hensions, and to provide support through­ that prayer helps as well. The evening was out the crucial first year of law school. most enjoyable for all. Immediately following the cookout, The second segment of orientation upper-class SBA members were available z was held Saturday, Sept. 11. The new for a brief, informal question and answer g students attended lectures by Professor session. The incoming students welcomed ~ Mark D. Yochum and Professor Kellen the chance to ask questions on topics un­ ~ McClendon, which dealt with the fun­ related to the formal study of law, such as ~ damentals of the law school experience the availability of University exercise facil­ ~ and gave a brief overview of what to ex­ ities and the posting of grades. ~ pect in class. Kudos to the orientation committee, ii: After the lectures, the incoming stu- namely, Professor Mcclendon, Carol The Atar-Krupskis enjoy a beautiful afternoon at dents headed to a cookout at Mellon Hall Gusherowski and Renee Eisenberg, for a the orientation cookout. Counterclockwise from where they were greeted by their "men- right: Iris, 2E, Carol, and their son Yoni. job well done! tors." Serving as mentors were upper-class The orientation program sponsored students who had agreed to volunteer JAMIE AUL by Duquesne University in conjunction with the Student Bar Association was held Tuesday, Sept. 7, and Satu rday, Sept. 11. Incoming students, returning students and faculty members all spoke highly of the event. The orientation events included a sit-down dinner in the Duquesne Student Union on Tuesday, Sept. 7. Prior to the dinner, the incoming students were given the opportunity to socialize with one another, as well as with student organiza­ tion leaders and Law School faculty. Presi­ dent John Murray addressed the incoming students and advised them of the secrets Mentor Colleen Finnegan, 3E, and Dave Grecco, 1E, get acquainted during orientation cookout. SBA Sponsors "Meet the Deans" ABA .Accredits The SBA recently sponsored two dealing with various issues. Deans' assemblies where students were Dean Nicholas Cafardi discussed a Duquesne given the opportunity to ask the new ad­ number of issues affecting law students. The Duquesne Law School received ministration questions regarding its poli­ Many students were concerned with the ABA accreditation. After a year of prepa­ cies. Assistant Dean John Rago informed results of last year's ABA review. Dean ration, committees, and review by the t he students as to the changes he is im­ Cafardi reported that the findings were ABA, the Law School was deemed to be plementing in the Career Services Depart­ good; however, there are areas of the law in compliance with ABA standards and ment. These changes include but are not school that need to be addressed, includ­ was re-accredited . Because the law school limited to expanding the number of law ing possibly reducing the number of releases only results, more specific infor­ firms invited to interview on ·campus, required courses at Duquesne. Finally, mation is unavailable. see king non-local firms, and increasing Dean Cafardi indicated that the yearly stu­ alumni involvement. dent surveys conducted will be used by Associate Dean Raymond Sekula ad­ his administration to determine such Juris Takes 2d dressed students' concerns ranging from things as tenure and possibly the courses Juris was awarded second place in the selection of elective courses to park­ offered by the various professors. the 1992-93 ABA Law School Division ing problems. He discussed possible alter­ newspaper contest. The award was for the natives to the concerns expressed by the catagory of " Entire Magazine." Thank you students and stressed his dedication to DONALD FREDERICKSON to all who contributed to that success. a Juris ABA/LSD Launches Outreach Programs The American Bar Association Law prehensive enough so an individual placement. This is a fantastic opportunity Student Division held its annual meeting school can modify the suggested format for law students interested in working in New York City in August. The highlight to meet their own student body require­ with European attorneys. of the meeting revolved around three ments. Some of the OAI topics currently In addition, law students from projects that the Law Student Division available include student-attorney mentor around the country gathered to discuss took an active interest in supporting this program, work-a-day, improper interview­ topics of concern to both law students and year.
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