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The Duquesne University School of Law News Magazine \.....---- - ----- - ---~ The Duquesne University School of Law News Magazine DUQUESNE UNIVERSITY LAW LIBRARY APR 1 9 200t Don't Take Any Chances OnThe E MULTISTATE SPECIALIST We'll Teach You How to Win! West Coast Office New York Office East Coast Office 1247 6th Street 450 7th Avenue, Suite 3504 211 Bainbridge Street Santa Monica, CA 90401 New York, NY 10123 Philadelphia, PA 19147 (213) 459-8481 (212) 947-2525 (215) 925-41 09 Nationwide Toll Free Number: 800-315-1735 Staff EDITOR-IN-CHIEF N. S. Koerbel EXECUTIVE EDITOR Deborah L. Kutzavitch SENIOR EDITOR Annary Aytch VOL. 34, No.2 • SPRING 2001 MANAGING EDITOR LaJena D. Franks PRODUCTION EDITOR Jacquelyne S. Beckwith WEB EDITOR John Miller ASSISTANT EDITORS-IN-CHIEF A Tribute to Bridget Pelaez ... ............................................ .. .. 2 Kevin D. Coleman John E. Egers, Jr. Editorial: Learning the Secret Handshake Marianne Snodgrass by N.S. Koerbel. ... .. ......................... .. ....... ........ .................. .... 4 ASSISTANT EXECUTIVE EDITORS Margaret Barker Hate-Crimes: The Aftermath of Taylor and Baumhammers Terra Brozowski by Sanaz Raji .. ..... .. .. ....... .. .. ......... ... .. .. ... ......... ........ ........ ...... 5 Michael S. Romano Melissa A. Walls Insanity, Guilty but Mentally lll: ASSISTANT SENIOR EDITORS The Role of the Forensic Psychiatrist Debra A. Edgar by Diane Blackburn. ............... .......................... ........ ... ... ........ 7 Julie Wilson Rebecca Keating Verdone The Second Amendment and the Individual Rights Debate: ASSISTANT MANAGING EDITORS A Look at the Cases and Controversies Paul E. Block by Greg Neugebauer ... ............................................. .. .... .... .... 11 Toby Butterbaugh Ann Marie Lund Structured Settlements: Alternative Solutions Wenly Nelson for Settlement of Damages in Lieu of Trial ASSISTANT WEB EDITORS Jennifer A. Callery by Jennifer L. Gilliland .. ...... .. .................................... ... ... ... ... .. 18 Amy McCall Do Right-to-Carry Laws Deter Violent Crime? ASSISTANT PRODUCTION EDITORS Diane Blackburn by John E. Egers, Jr. .............................. ......... .... .. ............. ....... 20 Amy M.March Why The Second Amendment? CONTRIBUTING WRITERS by MichaelS. Romano ....................... ................. ......... ... ... ..... 23 Diane Blackburn John E. Egers,Jr. Will the Death Penalty be Executed? Jennifer L. Gilliland by Rebecca Keating Verdone .... ......... ............................... .. ...... 25 N. S. Koerbel Deborah L. Kutzavitch Let's Put the Assist Back into Assisted Living: Greg Neugebauer Services for the Elderly Remain in Disarray Sanaz Raji Michael S. Romano by Brad M. Rostolsky ........... .. ................................................. 27 Brad M. Rostolsky Rebecca Keating Verdone FACULTY ADVISORS Preview: Associate Dean John Raga Prof. Kenneth Gormley The Cyril H. Wecht Institute CovER AND TEXT DESIGN of Forensic Science & The Law Craig Seder by Deborah L. Kutzavitch SPECIAL THANKS TO: and N.S. Koerbel .................... ......... 30 Maria Comas, Heidegger's Hammer, Ella Kwisnek, Frank Lehner, ioNesco, Craig Seder, Barbara Wetzel Senate Bill No. 589: The Use Of Post-Conviction DNA Testing VISIT THE JURIS WEBSITE AT: Pennsylvania Begins To Respond .. ... ... .. ........ ....................... 39 www.juris.duq.edu E-MAIL US AT: A Tribute to Bridget Pelaez n Novetnber 15, 2000, Maty Bridget Coyne our Summer Study of Law pro­ gram in 1995, Professor Pelaez Pelaez, known to her fatnily, friends and bas served as its Director, and tnany admirers as Bridget, passed away af­ Mrs . Pelaez accompanied him to 0 Beijing eve1y summer, paying ter struggling with a serious heart condition for most her own way until the summer of 2000, when she was too ill to of her adult life. Yet "she wouldn't let anything pre­ travel. vent her frotn doing what she wanted to," said her Mrs. Pelaez attended classes husband, Professor Alfred Pelaez, "she was truly an almost every day and traveled with students to almost all field exceptional woman, known to a lot of exceptional trips. Her wise counsel helped tremendously in improving the people." quality qf our progmm. Mrs. Pelaez loved students. She lis­ "We were together just one week -for which, by the way, she was tened to them and helped them shy of 38 years," Professor Pelaez a volunteer. She neveraskedfor personally whenever necessary. told JURIS. " he has been as much any payment for any of the In short, M1'S. Pelaez was an in­ a part of the school .since 1966 as many things that she did for the tegml part of the Duquesne­ 1 was." Many Duquesne Un iver­ law school. We will miss her very CUPL leadership for the Beijing sity School of Law students and much. summer program. alumni know Mrs. Pelaez from her J URI al o spoke with Profes­ Mrs. Pelaez was also ex­ involvement with Duquesne's dis­ sor Frank Y. Liu, Professor of Law tremely kind and hospitable to­ tinguished China University Sum­ and Director of the Center for Le­ ward our annual visiting CUPL mer Legal Study Program or from gal Edu cati o n . Pro fessor Liu scholars. Every year since 1992, her many other activities at the reaches in the faculty exchange she invited the visiting scholars Law School. Dean Nicholas P. program between Duquesne Uni­ to her home and cooked a won­ Cafardi told JURIS: versit y School of Law a nd the derful meal for them; tirelessly, China Unive rsity of Political Sci­ What 1 remember about she took them shopping or visit­ e n ce a nd Law with Professor Bridget Pelaez. is what a brave ing local attractions. On occa­ Pelaez and serves as its Associate individual she was. She never al­ sion, Professor and Mrs. Pelaez Director. lowed her ue1y se1'ious heart con­ took the visitors to their seashore dition to prevent her.from living Mrs. Pelaez made enonnous apa1'tment in Ocean City, Mary­ l!fe to the fullest. She accompa­ contributions to the China pro­ land, for a relaxing weekend. nied Prqfessor Pelaez to China grams at Duquesne Law School. The communities ofDuqu esne eue1y summer for our summer Professor Pelaez was th e firs/ Law School and CUPL were all school program and was a great Duquesne Law School faculty deeply grateful to her for her in­ help to him and to our students. member who visited the China valuable services to our joint She held receptions at her home Un iversity of Political Science China pmgrams. My wife, Heidi, for our Cb inese visitors every and Law (CUPL) in BeUing as a and I were especially grateful f or year. The continuing strength qf visiting scholar. Mrs. Pelaez ac­ her friendship, advice and sup­ our Ch inese program is due in companied him during thatfirst port. We shall never forget the in­ no small part to Bridget's efforts trip. Since the establishment of delible contributions she made to 2 Juns I Spnng 2001 our China programs, and to pro­ moting friendship and under­ standing between the American and Ch inese peoples. We miss her very much. But Bridget Pelaez's significant contributio ns to the community were not limited to he r invo lve­ ment w ith the Law Sch ool. A graduate of Mt. Mercy Coll ege and a former socia l work e r, Mrs. Pelaez was active in Catho li c charities a nd was an extre m ly effective victim advocate. She was recogni zed as a "Community Champio n" for he r work with The Center for Victims of Violent Crime by receiving a j e ffe rson Award from the U nited Way. Na ncy Wells, Executive Director of The Center for Victims of Violent Crim e told J RIS: For many years Bridget Pelaez served as a key volunteer at The Center for Victims of Vio­ lent Crime. Bridget always and consistently demonstrated pas­ sion and sensitivity to the needs and concerns qf crime victims. She was the quintessential vic­ tim advocate. We loved her and we miss her. Professor and Mrs. Pe laez raised three children, who contin­ ued to be the focal po int of he r life until the day she died, sa id Professor Pe laez. Linda , the ir middle child, was the o nl y child ever born to a woman with two artificial heart valves. He r birth made the front page of the Pitts­ burgh Pr son March 10, 1968. Mrs. Pelaez was also a gourmet cook with a stro ng sense o f fa sh­ ion, and a trained inte rior designer who, sa id Professor Pelaez, "never saw a wall she didn't think would look better someplace e lse." " he was both inwa rdly and o utward ly a beautiful pe rson ," Professor Pelaez said , "she was a n extraordinary lady - the most emoti ona lly strong and caring pe r­ son I ever m e t. " ~ Juris I Spring 1001 Learning the Editorial Secret Handshake of course, couldn't learn the secret HAT MOST SURPRISED ME ABOUT LAW SC HOOL handshake because she is a pig. But was that it often seemed like less of a she persevered nontheless. DottJ1 y Day, one of the founders learning experience than a hazing. This W of the Ca tholic Worker Movement, is not a unique observation, but it troubles tne enough once said : "It is hard to say no to the existing social and political order­ that I can't refrain from addressing it here. Sotne days and to mean it, to mean it wid1 an the best way to describe how I feel is recalling Rob­ evetyday commitment of energy."1 Perhaps d1at's what's reall y gnawing ert DeNiro's protrayal, in the fihn Raging Bull, of a at me- d1e tension between achiev­ ing acceptance from the existing so­ bloody, sweating, Jake LaMotta, stag­ edge her, as she had "no credentials cial and political order and eschew­ gering around the ring after he had ave an honest and inquiring mind." ing it at d1 e sa me time. That, and d1e already lost the match and shouting She attempts to sit in on cl asses, fact that after working for attorneys to his opponent, Sugar Ray Robinson: and she studies in the libraty on her for d1e last twenty years crossing over "I never went down, Ray.
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