FALL 2009

Ho n o r i n g f o r m e r Ch i e f Ju s t i c e Ra l p h J. Ca p p y

COVERS2 | juris magazine | Fall 2009 Table of Contents

Letter from the Editor...... 1 Interim Dean Gormley Delves into “The Death of American Virtue: Clinton vs. Starr”...... 2 Duquesne Law Students Spin Their Wheels for a Good Cause...... 4 Annual Katie Westbrook Race Ipsa Loquitur Breaks JURIS STAFF Records and Keeps Memories Alive...... 5 2009-2010 Traversing the Globe: Perspectives Gained From School of Law’s Summer Abroad EDITOR-IN-CHIEF: Associate Editors: Programs...... 6 Christina E. Horton Joseph DeMarco Ryan Duty The Summit: The Local and Global EXECUTIVE EDITOR: Matthew Wachter Impact of the G-20 ...... 8 Benjamin Steinberg Trial and Tribulation: Dr. Cyril H. Wecht Speaks...... 10 Web Editor: MANAGING EDITOR: Vivian B. Taylor Nationally Ranked Legal Writing Program Has a New Home: The Bridget and Alfred Peláez Legal Writing Jessica Troy Center...... 12 Copy Editor: Assistant Katherine Lowery Supreme Court Convenes to Honor One Managing Editor: of Their Own: Former Chief Justice Ralph J. Cappy.....13 Bridget Sedlock Chief Staff Writers: Two Women, Two Benches, Timothy Miller One Common Title: Role Model...... 16 Production Editor: Ashley Owens Rachel M. Roney Allegheny County Bar Association Institute for Gender Equality Seeks Better Tomorrow for Staff Writers: Female Practitioners...... 18 Krista Bartolomucci Ashley Bozewski “Neutral Third Party?” Attorney General’s Findings Katlin Connelly Shake Alternative Dispute Resolution Arena...... 21 Juris Magazine is a biannual student publication of the Daniel Patrick Craig A Student Bar Association Update...... 22 Duquesne University School Lisa Dougan of Law. The views and opinions Christian Evans Prescription Drug-Related Deaths: expressed herein are not Stefanie Flick Is the Prescribing Doctor a ‘Smooth Criminal’?...... 23 necessarily those of Juris or the Duquesne University Juliann Haynes The Wecht Institute Announces “Forensic Fridays”...... 24 School of Law. The Criminal Law Journal Hits the Cyber-Presses ...... 24 administrative support Juris Magazine can be reached Dean Ella Kwisnek Federal Solution for Student Loan Woes...... 25 at [email protected]. Cover photo courtesy of the Advertising Announcement: Juris Archives. If you are interested in advertis- ing in Juris, please contact us at [email protected]. Letter from the Editor

I was told by friends who had by whatever litigation or trans- gone before me that law school would actional matter is at hand be a roller coaster ride. Sometimes I should be the lawyer’s highest agree, but other times I feel like I am priority. While this may seem to still on that initial uphill ascent: There be idealistic thinking from a is a pit in my stomach, sweat on my naive law student, it is a thought forehead, and all of my nerves are that I am going to try to carry with shaking while I wait for the fun to me into practice. begin. Then there are the days and This issue of Juris features weeks when I feel like Sisyphus, some outstanding individu- condemned to forever roll that als who seem to share this same momentous rock uphill only to have it thought process. Chief Justice roll right back down. At least up until Donetta Ambrose and Judge this point I have been able to avoid Maureen Lally-Green are being flattened during that descent, profiled, each demonstrating although some days it is a close call. a will and a determination to My latest brush with my rock serve the halls of justice without was when I was recently asked to give letting a little thing like a major a speech to prospective Duquesne gender barrier get in the way. Law students during the school’s The law school recently dedi- annual open house. Anyone who cated The Bridget and Alfred knows me is aware that I look forward Peláez Writing Center, built to public speaking about as much as I would look forward with funds donated by a former student of Professor Peláez to skydiving without a parachute (not a great trait for an who, due to the profound effect the professor left on him, aspiring litigator, but at least it shows I am not afraid of a insisted on Peláez’s name gracing the center. Our cover challenge). I felt extremely honored to have been chosen to story chronicles the Pennsylvania Supreme Court’s Special give the speech, having been picked in large part due to my Session, held on Duquesne’s campus, to honor the late former position as Juris Editor-in-Chief, and wanted to make sure not Chief Justice Ralph Cappy. I was privileged to be in atten- to let my selectors down. The topic on which I was to speak dance at the session, where numerous people spoke of the seemed simple enough: my personal path to Duquesne Law Chief Justice’s unwavering commitment to honor and justice, School, my experiences thus far, and my future aspirations. as well as his kind heart and generous spirit. I am so proud of It was easy for me to relate at least in part why I chose the hard work and dedication of the Juris staff that allowed Duquesne. I remember that when I was trying to write my this issue to be put together so that it may help to remind its admissions essay to Duquesne Law School, I came upon our readers that the welfare of the people truly is the highest law. school’s motto: Salus Populi, Suprema Lex — “the welfare of the people is the highest law.” This statement struck a chord Christina Horton is the Editor-in-Chief of Juris. She also serves as a with me, having come from a background in public service, Senior Staff Member on the Duquesne Law Review, and as a and has stuck with me throughout my law school experience. Senator on the Student Bar Association. She is a member of the Women’s Law Association and the Phi Alpha Delta Legal Fraternity. On many days, this motto serves as the answer to why I keep Christina received her undergraduate degree in Journalism Summa rolling that rock up the hill, and puts things into perspective. Cum Laude from West Virginia University in 2005 and is set to No matter what area of the law one practices, or what type graduate from Duquesne School of Law in June of 2010. She can be of client one represents, the welfare of the people affected reached at [email protected].

FALL 2009 | juris magazine | 1 Interim Dean Gormley Delves into “The Death of American Virtue: Clinton vs. Starr” By Christian Evans

It was one of the most polarizing scan- later, the Monica Lewinsky scandal became dals in American history. The nation was in headline news, and President Clinton was disbelief as President Bill Clinton became the impeached by the House of Representatives second president ever to be impeached by the for perjury, abuse of power, and obstruction House of Representatives. The controversy of justice. surrounding President Clinton began in May The events leading up to President of 1993, shortly after he took office, when Clinton’s impeachment are so intricate and several longtime employees of the White complex that it would be nearly impossible House Travel Office were fired and replaced to understand the entire saga simply by read- with friends of the Clintons. In July, the mys- ing one book or newspaper article. That is terious purported suicide of Deputy White why Ken Gormley, Duquesne Law School’s House Counsel was viewed with Interim Dean, decided to embark on a nine- suspicion. In November, the “Whitewater” year investigation into the events surrounding controversy materialized when Arkansas the scandals. businessman David Hale alleged that then Gormley’s book, titled “The Death of Governor Clinton pressured him to provide an illegal loan American Virtue: Clinton vs. Starr,” is a compilation of hun- to an associate of the Clintons for real estate dealings in the dreds of hours of research and interviews with key players 1980s. In December 1993, two Arkansas state troopers claimed involved in the scandals beginning with Whitewater and that they had arranged sexual liaisons for Clinton. A few years ending with President Clinton’s impeachment trial in the

2 | juris magazine | FALL 2009 United States Senate. Although many books have covered Whitewater, Paula Jones, Monica Lewinsky, and Clinton’s impeachment, Gormley’s book offers a fresh take on the sto- ries. “What makes this book different from any other book that exists is that it’s telling the whole story of how all these events are interconnected,” Gormley said. “This had so many pieces to it because they are all intertwined with so many actors, that there were days that I would go home and wonder if I would lose my ability to figure out where the thread was. So to be able to complete it was very rewarding. This project was a very massive, complex undertaking.” Unlike many of the books that have been written by journalists who had access to only one side of a particular controversy, Gormley was able to gain access to both sides of Kenneth Starr, Law School Administrative Assistants June the story. “I was able to interview President Clinton three or Devinney and Kathy Koehler, Dean Gormley four times, I interviewed Kenneth Starr for 50 hours, Monica Lewinsky, Linda Tripp, Janet Reno, Congressman Henry Hyde, senators, and other congressman,” he said. This access enabled White River where the Whitewater scandal took place because Gormley to acquire information that has never before been I wanted to get a feel for things.” Several times, he drove back released. and forth between Pittsburgh and Washington D.C., some- Gormley felt that it was his job to allow each person times on the same day, to interview Kenneth Starr. whom he interviewed to tell his or her story and then sepa- Fortunately for Gormley, he was able to rely on Duquesne rate fact from fiction. He admitted that at times he was forced students who assisted him by completing a plethora of tasks “to make judgments along the way about what was puffery including research and proofreading. “I’ve had probably 10 and what was accurate.” This type of filtration of the facts was research assistants, all Duquesne students, working on this especially important because of the involvement of so many over the years who have been excellent and who have been a adversarial parties who strongly disliked one another. huge help,” he said. For nine years, Gormley worked tirelessly to create the Years of perseverance and painstaking efforts to land book. He traveled to various cities across the nation for inter- interviews have helped Gormley complete a book that has views and research. “I went to Arkansas and interviewed people the potential to be the definitive neutral historical account of who knew Clinton since he was a child, went and fished on the these events. Undoubtedly, there will be an immense amount of interest in Gormley and his book when it is released in February 2010. But Gormley views this not only as an oppor- tunity for himself, but also for Duquesne University. “I see it as an opportunity to go out there and shine a light on the Law School,” he said. “It is a good way to get Duquesne Law School’s name out and every chance that I get to meet promi- nent people out on the road, I use it as a chance to extend invitations to leading lawyers and judges and public figures to give talks at Duquesne or review articles so they can see what a wonderful law school we have,” he said. “A book like this never would have been possible without the support of students, faculty, supportive alumni, and staff who made the completion of this large-scale project possible.”

Christian Evans is a second-year evening student. He is interested in corporate law, and is a junior staff member on the Duquesne Dean Gormley, President Clinton and Clinton’s lawyer David Business Law Journal. Christian received his undergraduate Kendall, who represented him in the impeachment trial degree from Boston University. He can be contacted at [email protected].

Fall 2009 | juris magazine | 3 All of the proceeds from the race/walk ben- efit Pittsburgh’s chapter of Variety the Children’s Charity, a non-profit organization. Pittsburgh is a special place for the organization because it was founded here in 1927, originally called Variety Student Bar Association representatives at the Variety Children’s Charity Wheelchair Grand Prix Club. Since then, it has grown into a worldwide organization that operates 51 chapters in over 14 countries, Japan being the newest addition. Duquesne Law Students The charity’s mission, no matter the location, is to help children. Pittsburgh’s chapter dedicates its time to children with mental or physical disabilities. Celia Hindes, the execu- Spin their tive director of Pittsburgh’s chapter, explains that “very unique in our mission is to provide special equipment for children to help them become mobile . . . we want to get the child out of the house and help them transition into the community.” Thus, Wheels for a having runners and walkers push wheelchairs during the race is to remind them exactly why they are participating. When asked about the involvement of Duquesne Law stu- Good Cause dents in the race, Celia exclaimed, “We love being associated with Duquesne, especially with our intent every year being to By Stefanie Flick invite all college people to attend.” In fact, Duquesne Law School has become more involved with Variety the Children’s Charity On Saturday, September 12, 2009, Variety Young over the past few years, volunteering at the annual gala and sell- Professionals hosted the Variety Children’s Charity’s Fifth ing the charity’s signature gold pins as well. Brandon Neuman Annual Wheelchair Grand Prix on Pittsburgh’s North Shore. determination and Amie Mihalko are two recent Duquesne Law graduates who Participants registered to either walk or run as part of a team. now hold the title of a Variety Young Professional. However, this is not exactly your traditional race. Everyone In evaluating the outcome of the recent Wheelchair Grand who participates must push unoccupied wheelchairs around Prix, Celia said, “It was a good showing in light of the challeng- a half-mile course. At the end of an hour, the team that com- ing economic times of today.” She professed, “Pittsburgh is one pletes the most laps wins the race. of the biggest and most philanthropic cities in the nation. There This year, the Duquesne University School of Law Student is such generosity here.” Bar Association sponsored two teams with five students to a For more information on Variety the Children’s Charity and team. Both teams were able to complete over 20 laps. Ryan how to get involved, visit the web site at www.varietypittsburgh.org. Bundy, a third-year student and race participant, commented, “It was a rewarding and physically demanding experience, Stefanie Flick is a third-year evening student. She earned her under- but I look forward to participating in future Variety events.” graduate degree cum laude from the . She can Bundy’s team finished in fourth place. be contacted at [email protected].

4 | juris magazine | FALLFall 2009 Annual

Katie Westbrook Student Bar Association representatives at the Race Ipsa Loquitur Katie Westbrook Race Ipsa Loquitur Breaks Records and Keeps Memories Alive

By Krista Bartolomucci

It can happen to anyone, but you never expect it to happen Association and Themis Bar Review Course. The donations to you. Katie was just a child when she came limping off the and race proceeds,courage which totaled over $6,000, went to sup- soccer field. Several weeks later, she was diagnosed with osteo- port the Katie Westbrook Award for Trial Advocacy and Katie’s sarcoma, a form of bone cancer. Katie died at the tender age Fund for Pediatric Cancer Research. Prizes were awarded to the of 15. Three powerful words represent Katie’s life: courage, top three runners in every category. determination, and selflessness. Katie knew she was going to After the race several speakers shared their memories of die, but that didn’t stop her. As her mom stated, “As long as Katie. Mariah Millis, a Duquesne 1L and Katie’s best friend there’s a crack open, we’ll be able to step through.” After Katie’s from childhood, misses Katie’s “unwavering attitude” the most. diagnosis, she made up a list of 10 things she wanted to do. Adam Lutz, a 3L and top male runner, affirmed, “More than Attending law school was on the forefront of that list. With anything, it’s an honor to keep Katie’s memory alive.” Interim the generous assistance of Duquesne’s Law School staff, orga- Dean Gormley expressed the sentiments of all when he stated, nized by Dean Rago and Maria Comas, Katie’s dream became “This day summarizes to me Duquesne Law School, and this a reality. She attended classes for a day and was scheduled to is why we’re unique.” receive an honorary degree. Tragically, she died the morning But Katie said it best of all. “For every dollar that goes to determinationof commencement. Had Katie survived, this year would have cancer research, only one cent goes to pediatric cancer. If kids been her first as a law student. The Law School’s annual Katie are our future, that’s where they should put the money.” Despite Westbrook Race Ipsa Loquitur is held in her honor. her own impending death, Katie put others before herself. Those Organized by the Student Bar Association and held on seeking more information about Katie’s Fund can contact the October 10, 127 runners, including Interim Dean Gormley Student Bar Association at duqlawsba.gmail.com. and Professor Ledewitz, ran the three-mile course traversing Duquesne’s campus, nearly quadrupling the previous year’s Krista Bartolomucci is a second-year student. She is the vice presi- numbers. Many more donated, both as individuals and as dent of Christian Legal Society and a member of the Military Law corporate sponsors, including the Duquesne Law Alumni Society. Krista received an undergraduate and graduate degree from selflessnessDuquesne University. She can be reached at [email protected]. FALL 2009 | juris magazine | 5 Beijing • China • Dublin • Ireland • China • China • The Vatican City • Traversing the Globe Perspectives Gained From Duquesne University School of Law’s Summer Abroad Programs by Justin Witt

For those adventurous souls seek- ing to further their legal education abroad, Duquesne University’s School of Law offers several exciting options through its summer study abroad courses in Beijing, China; Dublin, Ireland; and Vatican City in Rome, Italy. These three-week endeavors allow par- ticipants to engage in a variety of topics that include comparative legal analyses, as well as the study of issues that relate to the unique localized environments in which the students are immersed. After crisscrossing the densely populated cities and vast expanses of Chinese country- side for the majority of last summer, I gained a new level of appreciation for not only a for- eign legal system, but also the cultural ethos it exemplifies. As time wore on and my under- standing grew, I began to slowly understand Students enjoying their time in Ireland the subtleties of Chinese culture, and in turn, the legal system those subtleties embody. Unlike the western world, and in particular the United Thanks to the dedication of Professors Frank Liu and States, China is largely homogeneous in its ethnic makeup, Alfred Paláez in establishing and continuing to facilitate the which has led to a dominant cultural tradition that spans the first summer legal program in Beijing, we were fortunate to millennia to the time of Confucius. Despite this expansive hear some of the finest Chinese legal scholars lecture on their timeline, the philosophical underpinnings of Confucianism various specialties. On top of our daily courses in Chinese – meekness, respect, and humility – can, in many ways, still substantive law, we were also given the option to participate be seen through the collective mindset of the Chinese people. in labor or intellectual property law clinics. Through expo- Whether it was witnessing interaction in the constant con- sure to actual clients, with the help of student interpreters, gestion that made up greater Beijing, or taking note of the we were given a more intricate understanding of the day-to- diligence and honesty displayed by our hotel staff in their daily day problems that face Chinese lawyers. The possibility for a cleaning of our not-so-well-kept rooms, the general sense of new experience, however, did not end there. In addition to harmony was hard to miss. the numerous weekend outings to Shanghai, the Great Wall,

6 | juris magazine | FALL 2009 Beijing • China • Dublin • Ireland •

and Xian (the location of the world During their free time, the famous Terra Cotta Soldiers), one student’s took advantage of their China • China • The Vatican City • also had the choice to partake in proximity to the Colosseum, the longer, independent expeditions after Pantheon, St. Peter’s Basilica, the their academic obligations were com- Spanish Steps, Trevi Fountain, and plete. The cross-country trek to Tibet numerous other historical sites undertaken by myself and several found within the city limits of Rome. other students for example, allowed Additionally, the weekend trip south our group to witness the implemen- to Sorrento gave them a taste of a tation of policies in an area where more relaxed Italian atmosphere, few westerners have ventured. as well as the opportunity to visit Although my hiatus to the Far the Island of Capri and ruins of East will not soon be forgotten, Pompeii. I was not the only student to Another novel facet of the cherish my journey. According to Vatican City option is its availability Abby Faett (2D), students on the to Continuing Legal Education (CLE) Ireland trip were also able to garner participants. After experiencing the Students spending time on the Great Wall knowledge of a dynamic tradition that program, it is not unusual for these runs deep in both pride and turmoil. Over three weeks and individuals to come back for an encore. Simply put, the unique through the guidance of Professor Kirk Junker and Interim appeal of this trip’s dual focus makes it difficult to pass up. Dean Ken Gormley, these students were afforded the opportu- After it was all said and done, Nick Trimboli (2D) called nity to study International Human Rights at Queens University his time in Italy “one of the most rewarding experiences of my in Belfast, as well as European Union Law and International life,” a response that could be echoed by the vast majority of Arbitration in Dublin. Faett found the International Human all who engaged in any of the trips abroad. Through absorbing Rights segment in Belfast to be particularly intriguing as it the cultural components of the various destinations visited, we reflected first hand the problems that still persist in this politi- all have developed a keener grasp of legal traditions that would cally fragile region. On a lighter note, the students enjoyed have otherwise remained foreign to our understanding. sightseeing excursions that took them across the majority of the island. With a trip to the north coast, tours of Armagh Justin Witt is a second year student. In addition to being a staff writer (the spiritual center of Ireland for centuries) and the ruins of for Juris, he is a board member for the Duquesne Public Interest Law Dunluce Castle, as well as an independent weekend outing in Association. He is a 2004 cum laude graduate of Messiah College, with a degree in History. He can be reached at [email protected]. Galway, the participants were able to appreciate a culture that many of us descend from, but few have experienced. Through the oversight of Dean Nicholas Cafardi, Professor Ron Ricci, Professor Sam Astorino, and Father Valone, the students on the Vatican City trip in Rome, Italy, have been provided with a program that centers on the legal foundation of an empire and religious tradition that has influenced the world over. From the perspective of Ryan Bates (2D), it was easier to engage the subject matter of Roman law, Canon law, and the Legal Process of Canonization when the historical foundations of these topics were so immediately accessible. Furthermore, in the view of Professor Ron Ricci (who teaches the Legal Process of Canonization segment), what makes the program in the Vatican City truly unique is its correlation with Duquesne’s Catholic tradition. Students take to the streets in Italy

FALL 2009 | juris magazine | 7 The Pittsburgh Summit: The Local and Global Impact By Ashley Bozewski of the G-20 As the global economy neared a catastrophic depres- mass casualties. Police officers were recruited from neighbor- sion in late 2008, the G-20 convened in Washington, D.C., in ing areas to counteract the influx of protestors and secure the November and formulated an action plan to avert impending safety of the G-20 dignitaries. Traffic patterns were altered disaster. Representatives from nineteen countries includ- to provide detours around secured clearance-only zones. ing Argentina, Italy, Japan, the United Kingdom, the United City workers worked tirelessly to prepare the city, including States, South Korea, and France joined representatives from Pittsburgh’s iconic fountain in Point State Park, to welcome the European Union, International Monetary Fund, and World the incoming leaders. As the summit drew closer, several Bank to discuss the prognosis of the world economy and create downtown businesses and major banks closed and boarded a dialogue between industrialized and developing nations. their windows to prepare for imminent protests. Many employ- Members of the G-20 assessed their progress and reaffirmed ees were given days off from work and several schools and the plan at the following Summit in London this past April. universities closed. In May, the White House announced that Pittsburgh Members of the G-20 revealed their latest additions to would host the G-20 Summit on September 24 and 25. The the action plan developed at the Washington summit in a G-20 dignitaries would convene at the David L. Lawrence press release entitled the “Leader’s Statement: The Pittsburgh Convention Center in downtown Pittsburgh to discuss the Summit,” issued on September 25, 2009. The plan calls for economy’s progress and devise an agreement to supplement encouraging sustainable global economic growth by shifting the existing action plan for the continued sustainability of from public to private sources of demand and adopting mac- the world economy. For two days, the world would focus on roeconomic policies. It also outlines a regulatory system for the economical, political, and diplomatic implications of the banks and financial firms in order to discourage “excessive risk conference. taking.” Leaders focused on narrowing the disparity between In the weeks preceding the G-20 Summit, Pittsburgh industrialized and developing nations by planning programs to braced itself for impact. Regional hospitals devised test drills to collectively increase access to necessities for the world’s poorer prepare its staff and facilities for potential emergencies yielding nations. Finally, the G-20 leaders agreed to pursue alternatives to inefficient fossil fuels. In its statement, the G-20 stressed the importance and necessity of working collaboratively to achieve all of these initiatives. Throughout the Summit, protesters could be seen and heard throughout the streets of Pittsburgh. The Thomas Merton Center, a coalition of diverse activist groups working toward a common goal of achiev- ing peace and justice, orchestrated a People’s March from Oakland to the North Side. CODEPINK, a women-initiated activist

8 | juris magazine | FALL 2009 Official White Official House photo by Appleton Samantha

group dedicated to ending the war in Iraq and drawing politi- frozen. Some were warning of a second Great Depression. cal attention to issues like healthcare and education, organized But because of the bold and coordinated action that we a tent city in Point State Park to raise awareness of refugees took, millions of jobs have been saved or created; the displaced by war in the Middle East. Other groups staged decline in output has been stopped; financial markets demonstrations throughout the city. While the majority of have come back to life; and we stopped the crisis from protesters were non-violent, on the evening of September spreading further to the developing world . . . Still, we 24, demonstrators, many without permits and referring to know there is much further to go. themselves as anarchists, destroyed commercial property by throwing rocks and breaking storefront windows of local The G-20 plans to meet again in Canada in 2010. businesses throughout Pittsburgh, with most incidents con- centrated in Oakland. Over the course of the Summit the local Ashley Bozewski is a second year evening student. She is a 2008 graduate of the Pennsylvania State University with degrees in news reported 190 arrests, including charges for criminal mis- Anthropology and Classics. Ashley can be reached at bozewskia@ chief, disorderly conduct, and failure to disperse. duq.edu. The conference ended with the members of the Summit showing a positive outlook on the health and stability of the global economy. In his closing remarks made on September 25, References President Obama commented on the promise of the Summit i About the G-20. About the G-20. The Pittsburgh Summit while acknowledging the challenges left to be faced: 2009. Web. 6 Oct. 2009. http://www.pittsburghsummit. gov/about/g20/index.htm It’s worth recalling the situation we faced six months ago ii Complete List Of G-20 Arrests, Charges. KDKA CW 11. 28 — a contracting economy, skyrocketing unemployment, Sept. 2009. Web. 2 Oct. 2009. http://kdka.com/local/g20/ g20.arrests.list.2.1213517.html stagnant trade, and a financial system that was nearly

FALL 2009 | juris magazine | 9 TRIAL AND TRIBULATION Dr. Cyril H. Wecht Speaks

By Tim Miller

It has been a very eventful Dr. Wecht’s legal counsel last few years for the renowned claimed Buchanan and the former Allegheny County Department of Justice, under Coroner. Dr. Wecht recently the Bush Administration, was sat down with Juris Magazine simply attempting to discredit to talk about his trial, vindica- a high profile Democrat. Dr. tion, and what is in store for Wecht agrees, and on May his future. 5, 2008, the Department of Dr. Cyril Wecht served as Justice did in fact disclose the Allegheny County Coroner that its Office of Professional from 1970 to 1980 and again Responsibility initiated inves- tigations in four trials where from 1995 to 2006. He also held Dr. Cyril Wecht the position of President of the there have been complaints of American Academy of Forensic Sciences. Wecht has performed selective prosecutions, including Dr. Wecht’s trial. approximately 14,000 autopsies and supervised, reviewed or In June of 2009, Wecht’s lawyers submitted a formal letter consulted on an additional 30,000 autopsies, including such to the Department of Justice regarding public comments nationally known cases as the Waco Branch Davidian Fire. Buchanan made at the June 2, 2009, news conference where Recently, Wecht has been the focus of a high profile federal all charges were dropped against Wecht. Wecht claims in the trial. In January 2006, Wecht was indicted by a grand jury on news conference that Buchannan referred to him as criminal, 84 criminal charges alleging Wecht, among other allegations, claimed he was involved in criminal activity, and stated she used county resources for his private practice. Wecht resigned would do the whole thing over again. his position as coroner following the indictment. Weeks before “We got a letter back from [The Department of Justice] the trial began 43 of the charges were dropped with prejudice. saying they were going to conduct an inquiry into the com- In April 2008, U.S. District Judge Arthur Schwab declared a ments. We still haven’t heard from them. What is the policy mistrial. Following the mistrial, the government requested of the Department of Justice and the U.S. Attorney General a second trial, but the remaining charges were dropped on when a person is pure clean innocent and a U.S. Attorney still June 2, 2009, by former U.S. Attorney , refers to them as a criminal? Don’t you as an Attorney General who resigned her position effective November 16, 2009.

10 | juris magazine | FALL 2009 have an obligation to address this and they’re not doing it? “I was very surprised, extremely delighted and very grate- Wecht asked. ful to these people for having the courage to go public with Wecht believes this situation transcends more than just their support. It takes moral strength, societal courage, and a political ideology. strong sense of ethical conduct to affix your signature to some- “You've got a cleavage that goes beyond party label and thing which was extremely critical of Mary Beth Buchanan party identification. You've got a cleavage of political philoso- who at that time still had some political clout,” Wecht said. phy and of ideology, which transcends and which permeates It is not only prominent figures offering Wecht their every single facet of human endeavor. You’ve got to clean this support. out. You’ve got to start all over again,” Wecht said. “You would not believe the support I receive from total In terms of his own journey, Wecht continues to operate strangers. When I walk down the street people will yell to his private practice in Pittsburgh, conducting or consulting me or stop and blow their horn. It’s truly unbelievable,” on over 300 postmortem examinations a year. He, how- Wecht said. ever, believes the trial had a huge impact on his professional So what is next for Wecht now that his criminal trial reputation. is over? “I lost a lot of consultations, and I’ll never know how “Everything continues for me,” Wecht said. He is currently many. For every case that I came to know that was not sub- working on three books, including one focusing on his crimi- mitted to me or withdrawn as a result of the trial, I believe nal trial. Wecht continues to consult or perform hundreds of there had to be at least 20 for each of those. A lot of attorneys postmortem examinations yearly. He routinely gives assistance believe that I’m sullied,” Wecht said. to district attorneys and coroners from Armstrong, Fayette, Wecht spent over 3.5 million dollars in legal fees through- Greene and Westmoreland Counties. He continues teaching out his criminal proceeding. He and his legal team ruled out his forensic science and law class at Duquesne University. attempting to recover those losses through civil action in the On October 20, 2009, a formal presentation was held by the Federal Courts because of the high burden of proof necessary Allegheny County Council, who voted unanimously to name for an award in his favor. Wecht added his legal team “is still the new county medical examiners building the Cyril H. Wecht looking into the possibility, the legal feasibility, the emotional Institute of Forensic Science. Additionally, Wecht hasn’t ruled psychological impact on my family, and other considerations out a future in politics. as to whether or not to pursue anything at the county level.” “I haven’t totally abandoned my interest in other things On a personal level, however, Wecht is overwhelmed by including government and politics. We will see what happens the support he has received on both sides of the political aisle. in that regard, ” Wecht said. On April 16, 2008, 33 prominent community figures from the Pittsburgh area, including former Republican Congresswoman Tim Miller is a second year student. He is a chief staff writer for Juris. Melissa Hart and former Republican Allegheny County Tim received his undergraduate degree from American University. Executive Jim Roddy, sent a letter to Buchanan requesting she He can be reached at [email protected]. drop all charges against Dr. Wecht.

“You would not believe the support I receive from total strangers. When I walk down the street, people will yell to me or stop and blow their horn. It’s truly unbelievable.”

FALL 2009 | juris magazine | 11 Nationally Ranked Legal Writing Program has a New Home: The Bridget and Alfred Peláez Legal Writing Center

By Katlin Connelly

The Law School recently unveiled the newest addition to The donor insisted that Peláez’s name appear on the center its facilities for students: The Bridget and Alfred Peláez Legal because of the profound impact that the professor had on Writing Center. The beautifully decorated center is located on his life. Professor Peláez late wife’s name appears first on the the first floor of the library. The center consists of offices for writing center’s title at the insistence of the professor. Professor full-time Legal Research and Writing professors, adjuncts, and Peláez said that he “always put her first.” The late Bridget Peláez teaching assistants. Within the center is a common area for stu- worked at the Center for Victims of Violent Crimes. dents to meet or study. Professor Peláez said the center “was very nice and that An anonymous alumnus, a former student of Professor [Bridget] would have liked it.” It is fitting that this center, Peláez, donated the funds necessary to bring the center to which was designed to help law students further their skills fruition. The dedication ceremony, held on August 28, was in legal research and writing, be named after two people who packed with colleagues, former students, friends, and family of have dedicated their lives’ work to helping others. Professor Peláez. The speakers at the dedication ceremony were After speaking to several of the guests in attendance, Interim Dean Gormley, President Dougherty, LRW Director all of them seemed to utter the same comments about Professor Levine, Director of the Duquesne Center for Legal Professor Peláez: “wonderful man, inspirational teacher.” The Information Professor Liu, Professor Peláez’s son John Peláez, center embodies the Law School’s commitment to academic and Professor Peláez himself. success and the name upon it represents the profound effect that Professor Peláez believes the center will “enable professors professors at Duquesne Law have on their students. to maximize their ability to help students that didn’t have the facilities to do so before.” Interim Dean Gormley called this Katlin Connelly is a second-year student. She is a staff member for center “the most significant improvement to the Law School both Juris and the Duquesne Law Review. She is also a member of in recent years.” the Student Bar Association, Women's Law Association, Trial Advocacy, and Phi Alpha Delta Legal Fraternity. Katlin received her undergradu- ate degree from Duquesne University majoring in political science and history. She can be reached at [email protected].

Professor Erin Karsman, Professor & Director of the Center for Legal Information Frank Liu, Professor Alfred Peláez, Professor Tara Willke, and Professor Julia Glencer

12 | juris magazine | FALL 2009 Mrs. Janet Cappy, Chief Justice Ronald D. Castille, and artist Joseph Routon with the official portrait of Justice Cappy Pennsylvania Supreme Court Convenes to Honor One of Their Own: Former Chief Justice Ralph J. Cappy By Daniel P. Craig

Many prominent members of Pennsylvania’s legal and painted for the event’s 300 attendees a vivid portrait of community attended a Special Session of the Pennsylvania Chief Justice Cappy’s illustrious character and career. Supreme Court at the Duquesne University Power Center Among those speaking in .tribute to former Chief Justice Ballroom on September 15. The session was held as a trib- Cappy were his successor, Chief Justice Ronald D. Castille; ute to former Chief Justice Ralph J. Cappy, who retired from University of Pittsburgh Chancellor Mark Nordenberg; former the court in January 2008, and passed away unexpectedly on U.S. District Court Judge and current University of Pittsburgh May 1, 2009. A series of distinguished speakers shared their Medical Center Chief Legal Counsel Robert J. Cindrich; experiences with and perceptions of the highly decorated and Duquesne University School of Law Interim Dean Ken chief justice. The event was established as the unveiling of Gormley. the official portrait of Chief Justice Cappy that will hang in Many of the speakers highlighted Chief Justice Cappy’s the Supreme Court of Pennsylvania, Pittsburgh. However, the judicial prowess and his impact on Pennsylvania’s jurispru- words spoken by those who knew the man defined the evening dence and judicial system.

FALL 2009 | juris magazine | 13 “Ralph inhaled legal precedent and breathed it onto the “In any occupational setting dominated by vertical rela- pages of his opinions as if he had super-human powers,” said tionships,” said Chancellor Nordenberg, “an inflated sense of Dean Gormley, a former special clerk for Justice Cappy. “He self-importance can become an occupational hazard . . . Ralph had an uncommon gift for being able to look 10 miles down the never suffered from that problem. Instead, he always was able road and immediately grasp — with a sixth sense I have never to take his responsibilities seriously without taking himself seen in another person — how each decision he made would too seriously — a wonderful combination of qualities in any potentially impact the law, his fellow judges in the lower courts, person, but especially in a judge.” and ordinary citizens to whom he was foremost responsible.” The Honorable Joseph Del Sol, the retired president judge When Justice Cappy ascended to the Supreme Court, one of the Pennsylvania Superior Court, also spoke of a fun-loving of its sitting justices was under investigation and eventually Justice Cappy. impeached. Current Chief Justice Castille shared a quotation “The 5,000 mile motorcycle ride, wearing a parrot hat at a by the 19th century essayist Henry Ward Beecher in order to Buffet concert ... this is the Ralph Cappy that I will truly miss,” illustrate the immense role that Justice Cappy played in repair- he said. He also commented on how Justice Cappy’s humanity ing the court’s reputation. Beecher wrote, “If you take all of the informed his judicial post. “Sir Thomas Noon Talford once robes of all of the good judges who ever lived on the face of said, ‘Fill the seats of justice with good men, not so absolute the earth, they would not be enough to cover the inequity of in goodness as to forget what human frailty is’” He added, one corrupt judge.” “Ralph Cappy was a good man, husband, and friend and will “In Ralph Cappy’s case,” said Justice Castille, “his robes be missed.” would be big enough. He has brought honor to our profession When asked to reflect on the event in which he had just far and above the inequity of one corrupt judge.” taken part, Justice , a Duquesne Law School alumnus, While much of the event celebrated Ralph Cappy the chief focused on Chief Justice Cappy’s humility. “The tradition is justice, each speaker ultimately paid tribute to Ralph Cappy the that [a justice’s] portrait is hung when he or she retires from person. Chancellor Nordenberg, a longtime professional part- the court,” he said. “Most live to see it go up. But Ralph was a ner and friend of the former chief justice, told stories about very modest man. He would have been embarrassed by all of Cappy’s cross-country motorcycle adventures and good times the hub-bub, but he would have liked the day.” on the golf course. “When you were travelling by his side,” he A major theme of each speaker’s remarks was the impact said, “you were almost always having fun.” The respect and that Chief Justice Cappy had on the Pennsylvania legal com- affection that he felt for his deceased colleague was evident munity. This impact is perhaps most cogently revealed through through his passionate parlance. the eyes of Joseph Valenti, a recent law school graduate and

Interim Dean Gormley addressed The Supreme Court and the audience

14 | juris magazine | FALL 2009 member of the Pennsylvania Bar who served as Editor-in-Chief of Volume 47 of the Duquesne Law Review. Initially conceived as a tribute to the Chief Justice’s career and jurisprudence, the publication transformed into a memorial upon his unexpected passing. This special session of the Supreme Court marked the volume’s official release. Many of the event’s speakers, as well as several Pennsylvania Supreme Court justices, appeals judges, trial judges, Pennsylvania Senator Stewart Greenleaf, and Pennsylvania Governor Ed Rendell contributed to the publication. When asked to reflect on the process of compiling the Law Review, Valenti’s reverence for Chief Justice Cappy permeated his response. “Justice Cappy was completely aware that we were working on a tribute to him,” Valenti said, “but he did not want to write an autobiographical piece, nor did he want to have any part in recruiting contributors. There was some history of Duquesne’s Law School faculty criticizing the Supreme Court, so we called him and assured him that the Law Review would not be critical — that we were working on a positive tribute. His response was that he encouraged the debate.” “...always be friendly When asked what he had taken away from the months of work he had dedicated to Justice Cappy’s life and career in assembling the Law Review tribute, Valenti said, “First, always and respectful when be friendly and respectful when practicing law. Fight hard on the merits, but show your opponents respect at the end of the day. Second, you have to have that balance. Make sure that the people who are close to you know it. Take those motorcycle practicing law. Fight rides, play golf, spend time with your family, and work hard. Justice Cappy had that balance — a great balance between work and family. You must always make time for your family hard on the merits, and friends.” Chancellor Nordenberg most accurately summed up the thrust of both the Supreme Court Special Session and Law Review tributes by channeling Abraham Lincoln in his closing but show your remarks: “In the end, it is not the years in your life that count. It is the life in your years.” No one fit more life into his years than opponents respect at Ralph Cappy.

Daniel Craig is a second-year student. He is a staff writer for Juris. He is interested in environmental law. Daniel is a 2008 graduate of the end of the day.” The Ohio State University, with a degree in English. He can be reached at [email protected].

FALL 2009 | juris magazine | 15 Tw o Wo m e n , Tw o Be n ch e s , On e Co m m o n Ti t l e : Ro l e Mo d e l

The Stories of Chief Judge Donetta Ambrose and Judge Maureen Lally-Green

By Ashley Owens and Lisa Dougan

Ch i e f Ju d g e Do n e t t a Am b r o s e was elected to the Court of Common Pleas of Westmoreland Today, women in power are often categorized as too County, and in 1993 was appointed to the United States aggressive, selfish, or masculine. However, upon meeting District Court for the Western District of Pennsylvania. She Chief Judge Donetta Ambrose, none of those adjectives comes has served as chief judge since 2002. to mind. The first female chief judge of the Western District Judge Ambrose has also won numerous awards includ- of Pennsylvania is confident and graceful, effortlessly com- ing a Special Recognition Award from the Pennsylvania manding the attention of her colleagues through her clear Bar Association for implementing an Alternative Dispute intelligence and interesting anecdotes. In September of 2009, Resolution program in the court, the Duquesne University Ambrose stepped down as chief judge. Judge Ambrose will Women’s Law Association Woman of the Year Award, the remain an active judge for another year until her next big deci- Duquesne University School of Law’s Distinguished Alumna sion on Nov. 5, 2010 – her 65th birthday. Award, and the Women’s Bar Association Susan B. Anthony “My life won’t change much now after stepping down. I Award. Recently, Judge Ambrose was inducted into the just won’t have the busy administrative work. My real decision Duquesne University Century Club. is what I’ll do on November 5. I don’t have an answer to that Given these accomplishments, it is surprising Justice yet. Do I want to stay on as the senior judge? Retire? Really Ambrose had no idea what retire? Right now, I am open to all options,” Judge Ambrose a lawyer did and wanted to said. become an English teacher. An One thing is clear. Judge Ambrose loves her job. older friend convinced her to “Being a federal judge is truly the greatest job in the consider law school, and she world,” Judge Ambrose said. “If you ever get the chance, you enrolled at Duquesne. As it should be a federal judge.” turns out, Justice Ambrose’s Judge Ambrose’s career accomplishments are impressive. influential friend was the She began her legal career as a clerk for the Honorable Louis late Carol Los Mansmann, Manderino. She then worked as an assistant attorney general, who was the first woman and later worked in private practice and as an assistant district appointed to the federal bench Chief Judge Donetta Ambrose attorney for Westmoreland County. In 1981, Judge Ambrose in Pittsburgh.

16 | juris magazine | FALL 2009 Once Ambrose began law school, her passion for learning a perfect example of how combined with a zeal for “the wonderful job” of being a lawyer. women have progressed far “I always liked school, so I enjoyed the learning. I loved beyond the constraints of law school. The academics were very interesting,” Judge those aged ideals and opened Ambrose said. the doors of opportunity for Judge Ambrose, one of only three women in the class of well-educated females fol- 1970, ranked high in her class, but received no interview offers lowing in their footsteps. from any law firms. In fact, none of the three women were After practicing in the legal offered interviews. field for more than 35 years, “It was only the beginning of the wave of women. The including over 11 years as a dean of the law school [Dean Manderino] happened to be Judge on the Superior Court Judge Maureen Lally-Green leaving to take a position as a judge for the Court of Common of Pennsylvania, Judge Lally- Pleas of Pennsylvania. He decided to take me with him,” Judge Green decided to travel along a new path. On July 31, 2009, Ambrose said. “The second year, Judge Manderino moved to she retired from the bench to serve the Catholic Diocese of the Supreme Court of Pennsylvania, and I was able to go with Pittsburgh as director of the Office for Church Relations. him then too.” In her capacity as Office for Church Relations direc- Ambrose admits this was an especially difficult time for tor, Judge Lally-Green will work with the communities of women in the legal profession. Southwestern Pennsylvania as a liaison for all Catholics in “Being a woman in the legal profession during this time order to increase understanding of the church and encour- was considered a novelty. However, being a woman probably age participation and service. Even though she loved every helped me get a job in the DA’s office. Timing was impor- minute of serving on the bench, Judge Lally-Green believed tant. They wanted diversity, and they wanted a woman,” there was “something else out there beckoning” and accepted Judge Ambrose said. this position. “There is still not an even playing field. Granted, the cli- “You never know when opportunities are going to knock mate for woman has changed to some degree. But, women still on the door, but you have to be prepared to take them because have to work very hard to get business,” Judge Ambrose said. they knock just once,” Judge Lally-Green said. “It is tough for women to do everything – take care of the “Life is really about the journey along the way. How you household, their children, their parents. Is it impossible? No. walk along life’s path is what is important. Others will remember Women just don’t have the same advantages men have. It all you based on the kind of person you reflect.” Judge Lally-Green depends on the choices you make as a woman.” said. In addition to always doing the best job possible, her “walk One important choice Ambrose made was to return to her along life’s path” emphasizes respect for others, compassion, and hometown of New Kensington when she was pregnant with her courtesy. Judge Lally-Green emanates those qualities through first and only child. This decision greatly affected her career, her leadership and service. Her former colleague, President as it led to her election to the Court of Common Pleas of Judge Kate Ford Elliott of the Superior Court, agrees. Westmoreland County. Consequently, Judge Ambrose believes “Judge Lally-Green’s scholarship, integrity, and wisdom smaller things may lead to bigger things, and warns never to enhanced the Superior Court of Pennsylvania and provided underestimate the communities outside of Pittsburgh. great service to the citizens of Pennsylvania. For many of us Judge Ambrose is the perfect example of how a bit of who served with her on the bench, she is missed not only as a chance, a lot of hard work, smart decisions, and a true love for colleague, but as a valued friend,” Judge Elliott said. what you do can blossom into a wonderful career. She sums it Judge Lally-Green attended Duquesne University as an up with her philosophy for future lawyers. undergraduate. She pursued a degree in secondary education, “You’ll find your place. If you’re a good, honest lawyer and planned on becoming a math teacher. However, students working for justice, you will be fine,” Judge Ambrose said. she was helping prepare for the LSAT convinced her to take the test with them. She graduated from Duquesne University Ju d g e Ma u r e e n La ll y -Gr e e n School of Law in 1974 and was a member of the Duquesne Law It was not so long ago that women did not have opportu- Review. Judge Lally-Green believes that her education from nities to pursue various career paths and continue with those Duquesne served her well. careers after having children. Judge Maureen Lally-Green is After graduating, Judge Lally-Green began working as an associate with a private law firm and then moved on to

FALL 2009 | juris magazine | 17 work for the Commodity Futures Trading Commission in thing the right way every time,” Judge Lally-Green said. “My Washington, D.C. She returned to Pittsburgh to work for job was to read the law accurately and completely, to carefully Westinghouse Electric Corporation, and at that same time, examine the record, to address only the questions presented, Judge Lally-Green and her husband started a family. In order and to clearly explain the decision. And, as a judge, I always to spend more time with her children, she left Westinghouse tried to do this job with a great respect for the individuals and began teaching part-time at Duquesne Law School in involved in the matter. It was the greatest privilege to serve on 1983. “Professions may come and go, but family is always the court,” she said. there, and children are only children for a defined segment of In addition to her accolades as teacher and judge, Judge time,” Judge Lally-Green said. In 1985, she also began assisting Lally-Green is a member of the Pennsylvania Bar Association two justices on the Pennsylvania Supreme Court. and the Western Pennsylvania Women’s Bar Association, and In 1992, she became a full professor of law at Duquesne. has been the recipient of several awards including Duquesne Judge Lally-Green continued to teach as an adjunct professor University Law School’s Distinguished Alumna Award and the even after becoming a judge. She continues in this role today Women’s Law Association Woman of the Year. Undoubtedly, and currently teaches Appellate Practice and Procedure and Judge Lally-Green admirably performs the roles of mother, Employment Discrimination. This semester, she developed wife, friend, judge, professor, and attorney. a non-credit class for students hoping to become judicial law clerks. She loves Duquesne Law and feels privileged to be Ashley Owens is a second year student. She is a Chief Staff Writer a part of the process that aims to bring more of a focus on for Juris, a board member of the Public Interest Law Association, appellate advocacy to the law school. and a member of the Women's Law Association. Ashley received her undergraduate degree from the University of Dayton. She can be Just as she had never planned on going to law school, reached at [email protected]. Judge Lally-Green never intended on adding the title of judge to her resume. However, in 1998, she was appointed to serve Lisa Dougan is a third-year evening student. She is a Staff Writer as judge on the Superior Court and was elected statewide to a for Juris, a Junior Staff Member on the Duquesne Business 10-year term in 1999. Law Journal, and a member of the Women's Law Association. “Judges have incredibly important responsibilities under Lisa received a bachelor's degree in biochemistry and a master's degree in forensic science and law from Duquesne. She can be our Constitution. The public’s trust in the third branch of gov- reached at [email protected]. ernment is a!!"#$%&'()*+,-%./01/2%%%!%%%!!343#4%%%$566%.7 function of its trust that judges will do the right

18 | juris magazine | FALL 2009 Allegheny County Bar Association Institute for Gender Equality Seeks Better Tomorrow for Female Practitioners

By Juliann Haynes

On October 28, 2009, the Allegheny County Bar Bar Association’s House of Delegates and Past Chair of the Association (ACBA) celebrated the opening of the Institute American Bar Association’s Commission on Women in the for Gender Equality with an inaugural luncheon. The orga- Profession served as honored guest speakers. nization has the a goal of enhancing the presence of women While countless hours and planning undoubtedly went in leadership positions in Allegheny County, eliminating the into the flawless execution of the luncheon and the selection gender gap and increasing women’s professional satisfaction. of delicacies enjoyed, it was not until the conclusion of the The organization hopes to help female lawyers build success- afternoon that the most ardent task for those involved with ful careers. the Institute commenced: to strive for gender equality in the The Honorable Marjorie O. Rendell, U.S. Court of Appeals legal profession. for the Third Circuit and First Lady of Pennsylvania, and Ms. Indicative of its name, the Allegheny County Bar Laurel Bellows, the Immediate Past Chair of the American Association Institute for Gender Equality boasts a goal of

Kimberly Brown, Linda Hernandez, Laurel Bellows, and The Honorable Marjorie O. Rendell, photograph taken by Drew Hardman and contributed by the ACBA

FALL 2009 | juris magazine | 19 enhancing the presence of women in leadership positions something systemic” to address them. With these goals in in Allegheny County, eliminating the gender gap, increasing mind, the Task Force decided to create a place where people professional satisfaction, and expanding the avenues through could take classes and engage in “collaborative and multi-fac- which female lawyers can build successful careers. eted programs to address the issues facing female attorneys.” The goals of the Institute for Gender Equality are not Despite its focus on the advancement of women in the the concerns of yesteryear. The creation of the institute came legal profession, the Institute will not be exclusive to women in response to the discrepancies that exist between men and participants alone. Ms. Hernandez emphasized that the classes women in the legal profession. The trend was the focus of two would be open to all involved in the legal field, because “it’s studies conducted by the ACBA Women in the Law Committee not enough to speak to only women practitioners, . . . the and the Gender Bias Subcommittee of the Women in Law people who make the decisions have to be part of the solution Division of the ACBA. The studies were conducted in 1990 and and students need to be spoken to before accepting jobs.” 2005. The research found large differences between The Institute for Gender Equality men and women regarding pay, offers three series of curriculum job satisfaction, job retention, that are each custom designed opportunity for advancement for one of three targeted groups. and the perceived significance The target groups are “decision- of the wage gap. makers,” “practitioners,” and Concerned with the results “law students.” Regardless of the of these studies, the ACBA series, each class will be open to created a Task Force which was roughly 20-25 participants and instated by then ACBA President will focus on developing one of and current interim dean of the the six skill-sets suggested by the law school, Ken Gormley. The Task Force. In addition to these Task Force, over a period of 18 classes, the ACBA Institute for months, “research[ed] law firms Gender Equality will be offer- and bar associations, conduct[ed] ing three seminars at Duquesne focus groups and interviews, and University School of Law and drill[ed] down into those survey the University of Pittsburgh results to determine where change School of Law throughout the was needed,” stated Hernandez. The year. Task Force worked over a period of 18 For more details about months to accomplish its goals. the ACBA Institute for Gender According to the Task Force’s Equality, including class schedules and a full press release, they “developed a comprehensive list of recom- copy of “The Report and Recommendations of the Gender mendations and best practices that we believe will help us, if Equality Task Force of the Allegheny County Bar Association,” we work together, to ensure gender equality in our legal com- please visit the ACBA’s website at http://www.acba.org/. munity.” One such recommendation for achieving this goal was to establish an Institute for Gender Equality. Juliann L. Haynes is a third year day student, graduating in June Linda Varrenti Hernandez, Esquire, ACBA Gender 2010. She is a staff writer for Juris and Chair of the Women's Law Society's Inter Law School Social Committee. Juliann is a 2007 Equality Coordinator and Task Force member, said that graduate of the Pennsylvania State University with a B.A. in History the concept behind the creation of the Institute for Gender and a Minor in Political Science. She can be reached at Haynes535@ Equality was to establish a place that would not just talk about duq.edu. prevalent gender issues, but would “do something positive,

20 | juris magazine | FALL 2009 By Ryan Duty

“Neutral Third Party?” Attorney General’s Findings Shake Alternative Dispute Resolution Arena By Ryan Duty

The realm of alternative dispute resolution had an eventful The NAF’s financial ties to the collection industry were vast, summer, as one of its stalwart institutions stopped arbitrating a according to the complaint. The NAF was allegedly backed by a common portion of consumer disputes. New York hedge fund which also owned a large debt collection This past July, the National Arbitration Forum (NAF), the conglomerate. That group was purportedly made up of three country’s largest administrator of consumer credit card and of the biggest debt collection law firms in the country, which collections arbitrations, agreed to cease arbitrating credit card had merged into one national firm. The NAF would suggest and other collection disputes in light of a lawsuit filed against that creditors use this group of firms when arbitration was it by the state of Minnesota. The suit alleged that the NAF necessary. According to the complaint, over 60% of consumer defrauded consumers by claiming that it was an independent debt arbitration claims were filed by one of the three firms and neutral third party in arbitrating collection and other making up the collection enterprise. This all took place despite disputes, when in fact it had extensive financial ties to the numerous public assurances by the NAF that it was an impartial collections industry. This startling development affects millions and neutral third party and had no such affiliations. of consumers around the country, as the NAF will no longer Attorney General Swanson wrote a letter to the American conduct consumer arbitrations in several areas including credit Arbitration Association on July 19, two days after the NAF card debt, loans, telecommunications, and health care. agreed to stop its consumer dispute business. In this letter, In a press release from the Office of the Attorney General Swanson detailed what she called “repeat player bias.” According for the State of Minnesota, Attorney General Lori Swanson to her, arbitrators in consumer disputes are more likely to favor explained that the NAF “worked alongside credit card companies the dominant party in the proceeding. This is because that to get them to put unfair arbitration clauses in the fine print of dominant party (the credit card company or other creditor) their contracts and to appoint the Forum as the arbitrator.” The would be the party that would send future cases, and thus clause would appoint the NAF as the arbitrator of any dispute generate revenue, to the NAF. According to Swanson, interviews that may arise. Once a dispute did arise, the creditor would file a of NAF arbitrators and employees revealed that arbitrators who claim with the NAF, generating revenue for the organization. In did not rule in favor of the so-called dominant party would not many instances, consumers, especially credit card holders, would be appointed to arbitrate future proceedings. not even realize there was an arbitration clause in their contract. Professor Alfred Peláez, faculty member and coach of the When credit card companies would serve notices of arbitration arbitration competition team at Duquesne University School for collection disputes, many consumers would simply ignore of Law, agrees with the findings that Attorney General Swanson them, subjecting them to default judgments. noted in her letter about the problem of “repeat player bias.” According to the complaint filed by Attorney General “I don’t think arbitration works that well with repeat Swanson, consumers who did go through the arbitration players,” he said. “It’s tough to ensure that there will be a fair process were not on a level playing field. The NAF would hearing.” essentially work alongside the collection business to ensure that Professor Peleaz believes this issue is not just specific to consumers would be subjected to a binding arbitration clause, the NAF, but to all arbitration proceedings pitting consumers by convincing creditors to bury arbitration clauses in the fine versus dominant parties who can choose the forum in which print of their customer contracts. The clause would necessarily to arbitrate. appoint the NAF as the arbitrator of any dispute that may arise. “It’s human nature,” he said, “doubts will be resolved in Once a dispute did arise, the creditor would file a claim with the their best interest.” He noted that the arbitrators would feel NAF, generating revenue for the forum. pressured to rule in favor of the party likely to select them in the future.

FALL 2009 | juris magazine | 21 Attorney General Swanson asked the American Arbitration the findings of Attorney General Swanson, there has been and Association (AAA) to voluntarily stop conducting consumer still is a clear preference among the courts of United States debt claims based upon pre-dispute arbitration agreements. for alternative dispute resolution. While the positives of such The Association agreed; posting on its website shortly after the arbitration cannot be overlooked, the rights of the consumer letter was issued that it would not accept new consumer debt may remain compromised if similar practices are allowed to collection claims. continue. While the future of consumer arbitration has been shaken “Arbitration is a cost effective way to resolve a lot of by the NAF’s and AAA’s decisions to stop administering disputes,” Professor Peláez said. “But, like anything else, it can such proceedings, there are still companies and independent be abused.” arbitrators who will perform consumer arbitrations. Despite Ryan Duty is a third year day student and received his Bachelor's degree in Journalism from Miami University. Along with being an Associate Editor for Juris, he is a Research Editor for the Duquesne Law Review and a recently published author in the Duquesne Criminal Law Journal. He is also a competitor in the ABA Labor and Employment Mock Trial Competition. Ryan can be reached at A Student Bar [email protected]. Association Update

SBA Presidents, Steven Singhaus and Matthew Lambach n This semester, we held the first annual New Student Orientation Carnival. At this event, new students were able to meet students, professors, faculty, as well as leaders of student organizations. n We sponsored the Katie Westbrook 5K Race, which funds bone cancer research and the Trial Advocacy Scholarship. We quadrupled the participation and are close to reaching our goal of $10,000. n SBA participated in the Variety Wheelchair Grand Prix, which benefits children of Allegheny County, and Light the Night, which benefits the Leukemia and Lymphoma Society. n We assisted the law school in prominent events such as the Bridget and Alfred Peláez Legal Writing Center dedication, the Ralph J. Cappy dedication, and the various alumni receptions. n We also sponsored a blood drive in October, which raised 33 donations for Central Blood Bank.

22 | juris magazine | FALL 2009 Prescription Drug-Related Deaths: Is the Prescribing Doctor a ‘Smooth Criminal’?

By Katherine Lowery

In late August, pop icon Michael Jackson’s death was ruled shall only be issued for a legitimate medical purpose by an a homicide by the Los Angeles County coroner. Jackson’s death individual practitioner acting in the usual course of his or her was caused by a combination of prescription drugs, includ- professional practice.” The statute further provides that “[t] ing propofol, lorazepam, midazolam, diazepam, lidocaine, and he responsibility for the proper prescribing and dispensing of ephedrine. Since the death has been ruled a homicide, it now controlled substances is upon the prescribing practitioner.” appears that criminal charges may be filed against Jackson’s Although that provision continues on to say that a pharmacist personal physician. also bears responsibility for dispensing controlled substances If such a situation occurred in Pennsylvania, it would be that he or she knows are not used for a medical purpose, it is very difficult to obtain a conviction against the physician who the physician who bears the primary responsibility for pre- prescribed the medications. If charged, the physician would scribing the drugs. The statute also provides that a physician most likely be charged with third degree murder or involun- who violates the statute will be imprisoned for up to a year tary manslaughter, according to Bruce Antkowiak, professor and/or fined as much as $20,000. of law at Duquesne University. However, even though these The California statute means that if a physician is con- crimes require a lesser standard of proof than the specific victed, the punishment is far less severe than third degree intent required for first degree murder, the Commonwealth murder or criminal negligence. However, it would also be still carries a heavy burden. far more likely to obtain a conviction in California than in In a civil suit, to prove medical malpractice, the plain- Pennsylvania, due to the lower standard of proof required. tiff would have to prove that in prescribing the medicine, the Given the publicity generated by Michael Jackson’s death, it doctor went so far outside the generally-accepted medical stan- seems likely that an increased chance of a conviction, albeit dards that it is appropriate to impose civil liability. Professor accompanied by a lesser punishment, is advantageous. Antkowiak explained that the criminal standard is “much farther beyond” the civil standard. For a third degree murder Katherine Lowery is a second year student. She is a Copy Editor for conviction to be obtained, the prosecution must prove the doc- Juris and a Junior Staff Member on the Duquesne Law Review. tor’s “conscious disregard . . . a level of recklessness that is way Katherine graduated from Allegheny College in 2008 with a degree in Political Science. She can be reached at [email protected]. beyond the ‘you should have known’ standard of negligence,” said Professor Antkowiak. Even for the lesser charge of invol- untary manslaughter, a “gross deviation” from the standard of References care and a “totally unreasonable” disregard of an unjustifiable i Alan Duke, “Michael Jackson’s death was a homicide, coroner rules,” www.cnn.com (Aug. 28, 2009). risk is required, he said. Given this extremely high standard, ii Id. it seems likely, at least in Pennsylvania, that the prescribing iii CAL. HEALTH & SAFETY CODE § 11153 (2007). doctor would not be found criminally negligent. iv Id. at (a). California, unlike Pennsylvania, has a specific statute v Id. at (a). prohibiting physicians from prescribing drugs to patients that vi Id. at (a). are not necessary for treating a medical condition. The stat- vii Id. at (b). ute provides that “a prescription for a controlled substance

FALL 2009 | juris magazine | 23 The Wecht Institute Announces “Forensic Fridays” 2010 Monthly Seminar Series to Offer CLE and Other Professional Education Credit

As part of its longtime mission of bridging the gap between The preliminary series schedule, though subject to change, legal and scientific education, The Cyril H. Wecht Institute of is as follows: Forensic Science and Law is pleased to announce a series of n Jan. 15: Alcohol and Drug Toxicity monthly seminars geared toward offering the region’s attorneys in Criminal Litigation – along with other professionals – a better grounding in many n Feb. 12: Forensic Issues in of the forensic scientific disciplines and methodologies upon Medical Malpractice Cases which their work relies. “Forensic Fridays,” which will begin on January 15, 2010, n March 12: Football-Related Brain Injuries: Medical- will run on selected Friday afternoons through June, with a Legal and Forensic Scientific Aspects special seminar on football-related brain injuries being offered n April 9: Accident Reconstruction as a full-day program. Drawing on members of the Institute’s in Personal Injury Cases faculty and other legal and scientific experts from the Pittsburgh n May 14: Forensic Investigation region and beyond, the series has been developed to address a of Sexual Assault Cases broad array of timely and relevant subjects. n June 4: Behavioral Science Evidence in Divorce “As a longtime provider of CLE, continuing nursing and and Custody Cases continuing medical education through our annual conference series, we look forward to beginning to offer these opportuni- ties on a more regular basis and in shorter courses better suited “Forensic Fridays,” which will be formally announced to the busy schedules of professional people,” said Institute via email and on the Institute’s Web site later this year, will be Director Frederick W. Fochtman. “At the same time, we’re offered both as a series and on an individual seminar basis. excited about sharing our faculty’s expertise in toxicology, Those interested in being added to the email list should contact pathology, nursing, and other disciplines with lawyers and other the Institute at 412-396-1330 or [email protected]. professionals who can benefit from that expertise.”

Duquesne University School of Law approved the publication of a Criminal Law Journal early this year. The Criminal Law Journal (CLJ) will be a free online publication accessible at www.duquesneclj.com. The CLJ is a unique publication in the legal field because it utilizes the The Criminal Law process of peer-review, which is common to most other academic fields Journal Hits the and professions, but is only utilized in a handful of legal publications. A panel of distinguished experts in the field of criminal law have agreed to Cyber-Presses act as peer-reviewers, evaluating each article submission for currentness, accuracy, and relevance to the criminal law filed. It is the CLJ's goal to publish a journal that will be an authoritative source on the cutting edge issues facing the judges and practitioners who make the criminal process a reality in the courts of the Commonwealth and the United States.

24 | juris magazine | FALL 2009 Federal Solution for Student Loan Woes By Jessica Troy

Many emotions come to mind when the word “gradua- Before enrolling in IBR, certain disadvantages must be tion” is mentioned. Fear may be a new addition for some. The weighed. The faster loans are repaid, the less interest you pay. job market is less than ideal, and law students nationwide have By decreasing payment amounts under IBR, more interest may been left wondering where they will find the money when their be paid overall. Also, and maybe more importantly, without loans go into repayment. an accurate annual update of your income and family size, the The federal government answered back on July 1, 2009, federal government reserves the right to revert your payments with the new Income Based Repayment Plan (IBR). IBR puts back to the standard 10-year repayment amount. a cap on monthly federal loan payments based on both income For more details on IBR, detailed instructions on how to and family size. This sliding scale is set to benefit anyone who apply for the plan, and a video on how to “ditch your debt owes more in federal student loans than they earn in a calen- gremlin” visit www.IBRinfo.org. dar year, including undergraduate and graduate loans alike. Any student who continues to make timely payments under Jessica Troy is a third year law student. She is the Managing Editor IBR will, after 25 years, have any remaining debt and interest of Juris, a Senator of the Student Bar Association, and a member of forgiven. This debt forgiveness timeline decreases to 10 years the Women's Law Association. Jessica received her undergraduate for those students working in a government, nonprofit, or degree from The Pennsylvania State University. She can be reached at public service job. [email protected]. Eligibility for IBR can be quickly determined by directly contacting your lender or by visiting the IBR Calculator at www.studentaid.ed.gov. Using the sliding scale of family size and annual income, the IBR Calculator will estimate a monthly References payment. Generally, if that payment amount is less than the 1 www.nasfaa.org/publications/2009/anibr061209.html standard 10-year monthly payment amount, you are eligible for the Income Based Repayment Program. 2 www.studentaid.ed.gov

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