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The Duquesne University School of Law Newsmagazine The Duquesne University School of Law Newsmagazine Volume 29 • NumberTwo Spring 1996 BAR/BRI's cutting edge computer software will: of all MBE topic areas with multiple-choice questions accompanied by detailed explanatory answers. n in over 100 MBE subtopics with StudySmart™'s detailed score report. I after each question from BAR/BRI's renowned Conviser Mini Review. Doubl . ur tud. phOI with two test modes. Reinforce your learning with the lo r T rm . StudySmartrM Visit Our World Wide Web Site http://www.barbri.com BAR REVIEW The Bar Reri 1· Course ~etected 1~ ore, Than :00 000 Lawyer Orer 7he Pa ,·25+ lear JURIS Volume 29 Number Two Spring 1996 Editor-in-Chief Mary Rose Castelli CoverS tory Executive Editor Stephanie D. Smith Duquesne University President and Law Professor John E. Murray Jr. says we should Managing Editor not fear the future of legal education, but Tsegaye Beru instead embrace it and the changes it brings. Assistant Page4 Managing Editor Lorraine V. Lawrence Science and the Law • Profile Senior Editor Steven M. Regan Duquesne University Law Professor and nationally renowned forensic pathologist Executive Dr. Cyril Wecht returns to the Production Editor Allegheny County Coroner's Office. Jim Urban Page 12 Production Editor Eileen Flinn Science and the Law • Environment Photography Editor Mary P. Murray The Clean Air Act is costly to Pennsylvania businesses, but companies in Ohio and Photographers West Virginia are not subject to the same Anthony Frego burdensome restrictions. Michele A. Forte Page 23 Contributing Writers Nikolay Diankov Dave Kaleda Professor Bruce Ledewitz Also Inside .. Dennis M. Moskal Editorial: What is Law? ............................................................ 2 Carl Ronald Profile: Senator Rick Santorum ............................................... 3 Kim Strohm Elisa Tighe A Student's View of Future Legal Education .............................. 9 Science and the Law: Judicial Conference ......................... 15 Editorial Staff Forensic Evidence ........................... 17 Tim Burns Patented Genetics ............................ 20 Dawn Marron HIV and Health Care ....................... 26 Mary Beth McCarthy Law and Science Fiction .................. 29 David Spurgeon Feature: Attorneys Assist Arts Groups ........................ .. ........ 32 Jeff Wertz Faculty Advisers Prof. Kenneth Gormley Assistant Dean John Rago I - -- . --. -- ~ What is Law? Editor Looks to Ancient Rome for Answers hen I attended graduate school Even if there was no written bravery and view it can be readily understood that to study rhetoric, many friends following its decrees in doing so noble those who formulated wicked and un­ asked me, 'What is rhetoric any­ a deed. Even if there was no written law just statutes for nations, thereby break­ way?" I explained the rhetoric of against rape at Rome in the reign of ing their promises and agreements, put !socrates, continued with Plato and Lucius Tarquinius, we cannot say on into effect anything but "laws." It may Aristotle, discussed Cicero and that account that Sextus Tarquinius did thus be clear that in the very definition Quintilian on rhetoric, John Locke's con­ not break that eternal law by violating of the term "law" there inheres the idea tributions, and on through Edward Lucretia, the daughter of Tricipitinus! and principle of choosing what is just Corbett. For reason did exist, derived from the and true. I ask you then, Quintus, ac­ However, I found my friends fall­ nature of the universe, urging men to cording to the custom of the philoso­ ing asleep soon after my rendition of right conduct and diverting them from phers: if there is a certain thing, the lack Plato's Gorgias. How could I possibly wrongdoing, and this reason did not of which in a State compels us to con­ come up with one simple definition? Re­ first become Law when it was written sider it no State at all, must we consider cently my husband and I began a rather down, but when it first came into exist­ this thing a good? lengthy discussion trying to come up ence; and it came into existence simul­ Quintus: One of the greatest goods, with a simple definition for "law." I taneously with the divine mind. Where­ certainly. found myself flipping through my dusty fore the true and primal Law, applied Cicero: And if a State lacks Law, graduate books. Cicero had the answer, to command and prohibition, is the right must it for that reason be considered no one I hope you will mull over. reason of supreme Jupiter. State at all? Quintus: I agree with you, brother, Quintus: lt cannot be denied. that what is right and true is also eter­ Cicero: Then Law must necessarily nal, and does not begin or end with writ­ be considered one of the greatest goods. Mary Rose Castelli ten statutes. Quintus: I agree with you entirely. Editor-in-Chief Cicero: Therefore, just as that di­ Cicero: What of the many deadly, vine mind is the supreme Law, so, when the many pestilential statutes which Cicero: Ever since we were children, [reason] is perfected in man, [that also nations put in force? These no more de­ Quintus, we have learned to call, "If one is Law, and this perfected reason exists] serve to be called laws than the rules a summon another to court," and other in the mind of the wise man; but those band of robbers might pass in their as­ rules of the same kind. But we must rules which, in varying forms and for sembly. For if ignorance and unskillful come to the true understanding of the the need of the moment, have been for­ men have prescribed deadly poisons, matter, which is as follows: this and mulated for the guidance of nations, instead of healing drugs, these cannot other commands and prohibitions of bear the title of laws rather by favor than possibly be called physicians'; neither in nations have the power to summon to because they are really such. For every a nation can a statute of any sort be righteousness and away from wrongdo­ law which really deserves that name is called a law, even though the nation, in ing; but this power is not merely older truly praiseworthy, as they prove by ap­ spite of its being a ruinous regulation, than the existence of nations and States, proximately the following arguments. It has accepted it. Therefore Law is the it is coeval with that God who guards is agreed, of course, that laws were in­ distinction between things just and un­ and rules heaven and earth. For the di­ vented for the safety of citizens, the pres­ just, made in agreement with that pri­ vine mind cannot exist without reason, ervation of States, and the tranquility mal and most ancient of all things, Na­ and divine reason cannot but have this and happiness of human life, and that ture; and in conformity to Nature's stan­ power to establish right and wrong. No those who first put statutes of this kind dard are framed those human laws written law commanded that a man in force convinced their people that it which inflict punishment upon the should take his stand on a bridge alone, was their intention to write down and wicked but defend and protect the good. against the full force of the enemy, and put into effect such rules as, once ac­ order the bridge broken down behind cepted and adopted, would make pos­ -Marcus Tullius Cicero (106-43 B.C.), him; yet we shall not for that reason sup­ sible for them an honorable and happy philosopher, orator and statesman, was a pose that the heroic Codes was not life; and when such rules were drawn courageous proponent of, and martyr for, obeying the law of bravery and follow­ up and put in force, it is clear that men republican principles. This excerpt is from ing its decrees in doing so noble a deed. called them "laws." From this point of Book II of his dialogue. 2 \ Spring 1996 -- ~ Prqftle - - -----------' Santorum: Reform Isn't Easy In 1990, Santorum launched his Santorum is eager to let the states own grass-roots campaign for a seat in go to bat on welfare programs, stating, the U.S. House of Representatives, shak­ "The states will do a much better job at ing thousands of hands in the process implementing these programs in a more and unseating a twelve-year incumbent, rational way than we ever had in Wash­ Congressman Doug Walgren. ington, and I'm excited about the poten­ In his first term of office, Congress­ tial." The Senator would like to encour­ man Santorum proved his ability to age a movement back to the states in think independently of party lines and some areas of legislation. t's sort of a free for all," says U.S. ruffle some feathers in the process.In Pennsylvania's new GOP Senator Senate newcomer Rick Santorum 1991, he and six other freshman Repub­ feels there is a lot of work still needed about the opportunity to take the licans, fondly known as the Gang of on such areas as the Superfund, legal lead on the Senate floor on a lot of dif­ Seven, exposed the U.S. House of reform and deregulation. Critics have ferent issues. In the House of Represen­ Representative's banking scandal. been quick to chastise him and other Re­ tatives, with 435 members observing an After an exhausting and well-or­ publicans on some of those cuts. A 40 unwritten pecking order, you have to ganized campaign for the United States percent cut on federal funding of Neigh­ wait awhile to be heard. Santorum ac­ Senate in which he became a key voice borhood Legal Services has brought knowledges he has just as much right on topics of welfare and health care re­ cries of foul play from the Democrat mi­ to be in the Senate as anyone else.
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