40th Anniversary

Summer 2009

Years 40 of Excellence Table of Contents

Letter From the Editor ...... 1 Professor Ken Gormley named Interim Dean ...... 2 Professor Nancy D. Perkins appointed Associate Dean for Academic Affairs ...... 2 First-Year Write-On Competition Winning Entry ...... 3 JURIS STAFF DCLI Receives New High-Tech Computers...... 4 2008-2009 If Looks Could Kill. . . Your Career ...... 5 EDITOR-IN-CHIEF: STAFF WRITERS: Happily Ever After? Considerations of Romantic Sarah R. Weissman Matthew Cianflone Relationships in the Legal Workplace...... 6 Amy Keiser A Student Bar Association Update...... 7 EXECUTIVE EDITOR: Elizabeth E. Lamm Edward R. Duvall Jennifer N. McDonough Prominent Alum to Speak at Graduation...... 9 Edward Preston ‘Till Law School Do Us Part? ...... 10 MANAGING EDITOR: Anna (Anya) Ryjkova Benjamin Steinberg Vivian B. Taylor A Defense Courtesy of the Allegheny County Zachary Smith Public Defender’s Office ...... 12 ASSOCIATE EDITORS: Elizabeth Spadafore 40 Years of Excellence...... 16 Christina Horton Joseph Williams Paul Batyko Matthew B. Wachter Counseling Organizations Who Extend A Helping Hand to Others...... 24 Rebecca Yanos 40th Anniversary Farewell To Dean Guter...... 26 Section Editors CONTRIBUTORS Not So Fast!...... 27 Lara Shipkovitz Summer 2009 Amy L. Vanderveen Brandon Neuman (3D) It Isn’t Easy Being Green...... 28 Justin Sorensen (1D) Paula Dillie (3D) Childhood Obesity: The Newest Form Juris Magazine is a biannual of Child Abuse? ...... 30 student publication of the Duquesne University School Advertising Announcement: To Vaccinate or Not to Vaccinate, of Law. The views and opinions If you are interested in adver- That is the Question...... 32 expressed herein are not tising in Juris, please contact necessarily those of Juris or When the IRS Comes Knocking, When Your Small the Duquesne University us at [email protected]. Business is Scammed By a Broker Turn to the Clinics School of Law. at Duquesne...... 34 Cover photo courtesy of the Juris Magazine can be reached Juris Archives. Congratulations to Rebecca Yanos...... 36 at [email protected]. Laws to Live By?...... 37 Correction: The story in the Spring 2009 issue about Student Organizations was written by Anya Ryjkova and Vivian Taylor. Letter From the Editor

This year was marked by many No one knows just what is changes. In our world at the law school, next for the law school, the the administration was changed over country, or re-organizing law night, in the middle of winter exams. In firms. Some of us have seen that the outside world, a new administration we may have to give up a little came into power in Washington in order to thrive. Those of us promising change; the controversial learning to thrive in a world of Guantanamo prison facilities were uncertainty know that the best- ordered closed and billions of dollars laid plans are those that can be were poured into failing landmark insti- easily changed. This is not the tutions. Closer to home, we heard first time our country or this rumors of mid-level associates losing school experienced tumultuous newly-acquired jobs, as our classmates times…our ability to adapt to going off to large firms received news and live in the tumult and dur- they would not be able to start work ing the changes rather than until January 2010 or possibly even mourn failed plans stands as September 2010 (delaying original start a testament to our true growth dates six to twelve months). This chain through this process called of seemingly unrelated events has one “law school.” major thing in common: uncertainty. Many of us came to law school with pre-conceived notions Sarah Weissman is the Editor-in-Chief of Juris. She also serves as a or laid-out plans of what our future as a student and an research editor on the Duquesne Law Review. Sarah will be graduat- attorney held; a six-figure salary, a prestigious job offer, a cushy ing in June 2009 and will practice with the law firm of Meyer, Darragh, Buckler, Bebenek & Eck. She can be reached at srw2777@ governmental launching pad. Unforeseen changes have put yahoo.com. these types of plans in flux; when you wake up, everything could be different. First-years, who went through school their I want to thank Justice Cynthia Baldwin for the opportunities, insight and continued mentoring. You have set the bar extremely entire lives at the top of the class, will find themselves learning high for the next generation of women attorneys. Thank you for the to live with life ranked in the middle. Second-years, who inspiration, as an attorney, a woman, and a mother. I aspire to carry intended to land a prestigious summer associate position, will myself with your grace and decorum and hopefully provide an adapt to a less prestigious, less lucrative (hopefully legal) posi- example for women coming through the Bar after me. tion. Third-years, saddled with debt equivalent to the price of a middle class home, who intended to have a satisfying career upon exiting law school, must adapt these newly acquired skills Call for Letters to the Editor: to search out available opportunities in this market. In this issue, we celebrate 40 years of Juris. The editors of Letters should address a current legal issue facing the the anniversary section found that predictions for one’s future region, law school, or law students or an issue at the law often do not materialize, based on interviews with professors school. Letters should not exceed 250 words. We plan to looking back at their own graduations from law school. The pick two or three letters to publish per edition of Juris. most meticulously laid-out plans could be standing in the way Letters should be submitted to [email protected] with your of better opportunities. In the midst of this time of great contact information. Letters can be mailed to the law uncertainty, perhaps the most useful skill a law student or school at: young attorney can possess is the ability to adapt—sometimes Duquesne University School of Law in doing what is best, you have to let go of what you had 600 Forbes Avenue planned or intended. Pittsburgh, PA 15282 ATTENTION: JURIS MAGAZINE

SUMMER 2009 | juris magazine | 1 Professor Ken Gormley named Interim Dean Ken Gormley has served as a A repeat speaker at the Chautauqua Institution, Professor professor of law on Duquesne’s fac- Gormley has shared his expertise and opinions at university and ulty since 1994 and is also associate legal gatherings in the U.S. and abroad, including Oxford vice president for interdisciplinary University, Harvard Law School, the Pennsylvania State Trial scholarship and special projects for Judges’ Conference, the National Council of Jewish Women, Duquesne University. He is the Hofstra University, the Aspen Institute, Boston University immediate past-president of the School of Law, the Federal Bar Association, the Society for Allegheny County Bar Association. Professional Journalists and the R.I.Z. Law Centre for European Before coming to Duquesne, and International Cooperation in Cologne, Germany. Active in Professor Gormley taught at the community as well as professional and academic areas, he is University of Pittsburgh School of former mayor of Forest Hills, serves on the Forest Hills Ken Gormley Law and was director and founder Community Development Corporation board and previously of the Mellon Writing Program in coached recreational soccer. Additionally, he sits on the board legal research and writing. He earned his B.A. from the of trustees at St. Francis University, the Pennsylvania Supreme University of Pittsburgh summa cum laude and his J.D. from Court Historical Society, and the Pittsburgh 250 Commission. Harvard Law School. President of the Harvard Law School Association of Western Professor Gormley’s expert opinion has been sought in Pennsylvania, Professor Gormley also sits on the advisory the U.S. Congress and the Pennsylvania Senate, where he has board of the Bernard G. Segal Appellate Advocacy Institute and testified on wiretapping, obscenity law, presidential pardons numerous other legal advisory boards. and the independent counsel law. Professor Gormley’s current Professor Gormley is of-counsel with the law firm of book project on the Clinton-Starr investigation is scheduled to Schnader Harrison Segal & Lewis LLP based in Pittsburgh and be published by Crown Publishers (a division of Random Philadelphia. Previously, he served as executive director of the House) next year. His book, Archibald Cox: Conscience of a Pennsylvania Legislative Reappointment Commission and was Nation won the 1999 Bruce K. Gould Book Award for best a litigation attorney with the firm of Cindrich & Titus in publication relating to the law. Pittsburgh. As a special clerk to state Supreme Court Justice Ralph Cappy, he consulted on and drafted opinions dealing with Constitutional issues.

Professor Nancy D. Perkins appointed Associate Dean for Academic Affairs A professor in Duquesne’s Protection by the Sustainable Pennsylvania Program of the School of Law since 1993, Professor Pennsylvania Consortium for Interdisciplinary Environmental Nancy Perkins has taught courses in Policy. She has served Duquesne law students in various roles, property, environmental law, envi- including as advisor to the Duquesne Law Review, coach of the ronmental justice, Pennsylvania National Environmental Law Moot Court Team, faculty administrative law and adminis- advisor to the Duquesne Law School Environmental Law trative process, as well as advanced Society, and as advisor to the Women’s Law Association and legal research and writing. She the Student Bar Association. has served as vice chair of the Prior to coming to Duquesne, Professor Perkins taught at Sustainable Pennsylvania Program Nova Southeastern University’s Shepard Broad Law Center. for the Pennsylvania Consortium She also has practiced law with firms in Fort Lauderdale, Nancy D. Perkins for Interdisciplinary Environmental Florida. Policy and as a member of the Professor Perkins is a member of the Florida Bar Executive Council of the Environmental Law Section of the Association and the Association of American Law Schools. A Allegheny County Bar Association. member of Phi Beta Kappa, she received her J.D. from Nova Professor Perkins has authored numerous articles for law Southeastern University’s Shepard Broad Law Center and her reviews and journals nationwide and co-authored a report B.A. from Mount Holyoke College with high honors. submitted to the Pennsylvania Department of Environmental

2 | juris magazine | SUMMER 2009 First-Year Write-On Competition Winning Entry During the Spring Semester, Juris revived its write-on competition. BarBri sponsored this year’s competition, which was open to all first year law students. We asked entrants to write a column on a legal or law school-related topic of their choosing. It was difficult to choose a winner among the participants who managed to submit creative and publishable pieces in the midst of first-year appellate brief deadlines.

Congratulations to Justin Sorensen, the 2009 Juris First-Year Write- On Competition Winner. Justin received $500 towards a Pennsylvania or Pennsylvania and New Jersey BarBri course upon graduation and earned a spot on our staff next year. Diary of a First-Year By Justin Sorensen

This journal was found jammed in the pages of a well their eventual career chasing ambulances. In this world worn legal textbook. As the dates progress the writing becomes there were only snobs and idiots, and they all wor- less and less legible until it eventually stops... shipped at the altar of something they called “BIGLAW.” What’s new though, right? I’m sure it’s not that bad. n November 2007 I just submitted my registration for the LSAT, the last n March 2008 day possible, as usual! Of course procrastinating means I think I decided where I want to go. I won’t write it here I have to take the test in Indiana, PA. It’s only ninety or in case I jinx it, but the facilities seem top notch, and it’s so minutes away, no big deal. local. Found out my buddy from college ended up at Duke Law. I think I’ll ask him whether the rankings are n December 2007 as important as everyone says. The test was at 8:30 AM, on a Saturday. I made it there through sheer will, my eyelids, against all physical laws, n April 2008 drooped lower than the sockets themselves, and with Buddy wrote me back. I’m not sure what to make of it. aching white knuckles I fought the need for sleep by He wrote “Don’t do it. HAHAHAHAHA...” Weird. clenching the vinyl steering wheel with every ounce of energy I could muster. After the test some IUP seniors n May 2008 gave each other vigorous pounds and talked about get- Got into my top schools, although I tried to stay reason- ting hammered now that the test was over. It was noon. able in my choices, it still feels great! Sending my letter Is that a sign? and deposit in tomorrow. Go me!

n January 2008 n August 2008 Happy New Year! Law School stuff is progressing rather School starts soon. Been flipping through the few books nicely. I did fine on the LSAT and moved on to research- that have come in so far and the topics seem really ing which schools I want to apply to. I’m finding out interesting. I bet this stuff on collateral estoppels and that the internet collects the worst law school has to res judicata will be enthralling. I’m starting to think I offer, a vile pit of human detritus clawing at dew-eyed should’ve taken Latin! innocents for no reason other than their own amuse- ment. I also learned that everyone on the internet, con- n September 2008 trary to all statistics available, is a legal scholar. LSAT All my classmates are super nice. It’s really great to be scores of 175 are derided and their once proud owners around people who are so interesting and dedicated are told to enjoy their terrible “choice” of school, and to their studies. I bet we’ll be friends for a long time,

Summer 2009 | juris magazine | 3 helping each other to do our best and taking the world Red eyed and aching, but confident I had done all I by storm. The professors are all really smart too. They could to reverse the devolution of the past semester, I sure are reluctant to answer questions though. Everyone took a rest. Eventually the week was over, I completed all was talking about how much work you need to do, but the tests, and aside from the first one, I feel there were it doesn’t seem so bad. I was a literature major, I read positives to every test. three times this much a week in college! Things are looking good! n February 2009 I blinked and it was Valentine’s Day, all of my grades n October 2008 were in, and it was time to check them. Cupid’s arrow I got a little cold last week. It’s amazing how falling missed me wildly. a little bit behind will really set you back in law school. Is it possible to learn less the more you read? It’s okay I saw letters that cold, gray morning that I didn’t know though, all the upper classmen said they started to get it were part of the grading scale. The wind left my shriv- around now, so I bet it’ll get smoother soon. eled lungs in a blustery whoosh. I reflexively pulled on my sideburns, hoping the pain would wake me from the n November 2008 nightmare unfolding before me. How? Why? What had Upper classmen were lying. It’s getting worse. If you I done to deserve this insult, this embarrassment? don’t know the answer, don’t look professors in the eyes. They can smell fear. You know what, I need to buckle down and get in gear.

n December 2008 n March 2009 I felt something about taking a test that I haven’t So tired. Running out of money and food. If I don’t since elementary school: fear, gut-wrenching, brow- make it, please print this so others don’t make the same drenching, eye-crossing fear. It doesn’t make any sense mistake I did. Take the first year seriously. Listen to TA’s. to me. I studied for at least a dozen hours over the week Work hard. before finals (which was maybe more time than I spent playing video games, or napping). I took at least ten n April 2009 pages of notes... FOR EACH CLASS. I only missed the Some friends noticed my absence and nursed me back maximum amount of classes. I didn’t even need to to health. I started to study with them. I canceled cable grovel for extensions or explain how it was just a bad and am only taking hand written notes so I don’t abuse year, health-wise, for my grandmothers. There just the internet. I spend all my free time at the library, but wasn’t any rhyme or reason as to why I felt nervous, aside from the rickets it’s not so bad. I remember how unprepared, and ashamed as I jammed the orange excited I was at the whole prospect of law school, and foam plugs into my ears, crossed myself, and with think if I keep it up I’ll be ok. I’ll get out what I put in. shaking hands began typing some nonsense about Wish me luck. adverse possession. Justin is a first year law student with a Master’s degree in publishing The next week played out more like a sitcom montage and previously worked as a project coordinator for a liturgical art of a degenerate’s slide off the wagon. Scantrons flew by; studio. He can be reached at [email protected]. pencils were sharpened, dulled, and sharpened again; pages of law books flipped by with noisy thwp-thwp- thwp whipping sounds.

DCLI Receives New High-Tech Computers By Matthew Wachter

The McGinnis Computing Lab, located in Room 118 in Manager of Information Technology. The total price for the the Duquesne University School of Law Center for Legal new equipment was roughly $20,000. The Center welcomes all Information (DCLI) is receiving new top-notch computing Duquesne law students to use the new facilities. equipment. The machines will be installed in April. The library’s existing equipment is at least five years old. The pur- Matt Wachter is a second year student, graduating in June of 2010. chase of 25 new Dell OptiPlex PC’s will provide Duquesne Last summer, Matt was a summer associate with Knox McLaughlin School of Law students with the best-quality equipment avail- Gornall & Sennett, P.C. in Erie, Pennsylvania, and participated in able today. A new scanner will also be added to Room 117. Duquesne Law School’s Vatican City Study Program. A graduate of The new computers were purchased from the existing Penn State University, State College campus, Matt majored in Law Library budget. In the future, the Law Library plans on history. He can be reached at [email protected]. replacing computers every three years, said Milan Komljenovic,

4 | juris magazine | SUMMERSummer 2009 If Looks Could Kill. . . Your Career By Amy Keiser

It is no secret that people judge others Most partners and advisors would agree not only on success and good moral charac- that more formal attire is proper when an ter but also on the image they project. Some attorney is meeting with a client or appear- psychologists theorize that it takes only three ing in court. But a young attorney has reason seconds for first impressions to be formed.1 to be weary where there is no special occa- Society appraises visual and behavioral sion to put on a three-piece suit. appearances from head to toe, assessing cloth- Regardless of a firm’s newer “business ing, grooming, and accessories. Unfortunately, casual” dress code, new associates are evalu- young attorneys are not immune to this nat- ated by “old-school” bosses who believe that ural human tendency. Respect and trust of the suit is the lawyer’s uniform and is to be partners and clients is influenced not only worn as a badge of honor. With tough eco- by work product and quality advice but nomic times and law-firm layoffs mounting, also attire. the fear of unemployment has brought tra- Poor appearances in the law firm can be ditional power dressing back into style. attributed to the rise of the “business casual” Menswear retailer Paul Fredrick reported workday. The dot-com boom made the increased sales of the white-collared, colored “casual Friday” an everyday event. Law firms dress shirts, similar to those worn by Gordon have failed to revert to the classic suit-only Gekko in the 1987 movie “Wall Street.”7 policy years after the burst of the Internet It is not necessary for a young attorney bubble.2 The result is a world of fashion con- to have a closet full of $5,000 custom tailored fusion where attorneys deem it acceptable to Italian suits. But it would be shrewd to invest don gym shoes, Ugg boots, and halter tops in in a few high-quality suits rather than a rack the work place. of less expensive, trendier outfits good for only a season. Classics Tom Mills, a 60-year old managing partner at Winston & stand the test of time and can always be spiced up with colorful Strawn LLP, has complained that when some associates attempt accessories. A good tailor and dry cleaner is a must. You can own to dress formally, they base their look on Hollywood. “You get the most expensive suit in the store, but it will look just as bad as the TV-woman-lawyer-look with skirts 12 inches above the knee the worst casual day attire if it doesn’t fit right. When you are and very tight blouses,” he says. “They have trouble sitting and ready to leave in the morning, after getting dressed, ask yourself getting into taxis.”3 Several larger law firms have attempted if you would be comfortable bumping into the law firm’s found- recently to raise awareness of the importance of dress and man- ing partner in what you are wearing. And, most importantly, you ners by hiring personal shoppers and etiquette consultants. should always dress for the job you want. One fifth-year associate at a large New York law firm thought her “mannish” pantsuit and long jacket look was appro- Amy Keiser is a third year day student. She received her B.A. in finance priate business casual attire until her encounter with some supe- from James Madison University, and, after graduating in June, she riors in the office. Her supervisors informed her that she was plans to practice estate law in Harrisburg. She can be reached at “being arrested by the fashion police” and “being sent to a full- [email protected]. scale rehabilitation program,” which included a shopping trip and full makeover at a high-end salon. Tracy Batts, who no lon- ger works for the firm, described the experience as “positively References mortifying.” 4 1 Camille Lavington, You’ve Only Got Three Seconds: How to The majority of law firms, however, do not have the Make the Right First Impression in Your Business and Social stomach to tell their young associates to dress the part. Their Life 1 (Main Street Books, Doubleday 1997). reluctance to approach young associates is a detriment to those 2 Christina Binkley, Law Without Suits: New Hires Flout attorneys who will forfeit invitations to client meetings, assign- Tradition, Wall St. J., Jan. 31, 2008, at D8. ments, and promotions. 3 Id. The New York law firm, Manatt, Phelps & Phillips, recently 4 Martha Neil, Ex Big Law Associate: I Was Arrested by Law chose “a polished, professional-looking associate” over a Firm Fashion Police, ABA Journal, Jan. 27, 2009. “brilliant” associate who had been counseled, to no avail, to 5 Christina Binkley, Law Without Suits: New Hires Flout improve his grooming and attire. The firm opted for an indi- Tradition, Wall St. J., Jan. 31, 2008, at D8. vidual that is more presentable to the client.5 One partner from a different law firm has commented that he “just couldn’t imag- 6 Posting of Dan Slater, ‘My Suit is my Uniform’: Addressing Law-Firm Dress ine too many clients willing to pay more than $500-an-hour for , Wall St. J. Law Blog, Apr. 21, 2008. legal advice to a guy wearing a knit shirt who looked as if he were 7 Christina Binkley, Inside a Bastion of Old-School Power going to hit the links as soon as this damn meeting was over.” 6 Attire, Wall St. J., Feb. 12, 2009, at D8.

SUMMER 2009 | juris magazine | 5 Happily Ever After? Considerations of Romantic Relationships in the Legal Workplace

By Elizabeth E. Lamm

Everyone knows the usual story. Two employees work These trends have meant women and men are interacting at together, one often subordinate to the other. Time passes and the workplace in ever-increasing numbers.6 These individuals a romantic relationship begins between the co-workers. often spend eight to twelve or more hours in physical spaces Sometimes the story has an unhappy ending – favoritism in occupied by the opposite sex. It is inevitable that relationships promotions based solely upon the relationship, retaliation at between co-workers form. And it is just as undeniable that the work by the jilted sweetheart or other employees, or even sex- end of the relationship can raise a host of problems for both ual harassment. But, at other times, everyone lives happily ever the employer and the employee. after. Just ask President Barack Obama and First Lady Michelle When an office-based relationship ends, the potential Obama. ramifications can be extreme, and include claims of sexual In 1989, Michelle Robinson was an associate at the harassment,7 retaliation, favoritism, and unjust or unlawful Chicago law firm of Sidley & Austin. That summer, Barack termination.8 For lawyers, office- and firm-based relationships Obama, a law student from Harvard Law School, interned at raise a quandary of problems in addition to the issues preva- the firm. Michelle was his summer supervisor. At the end of the lent in non-legal jobs. As one Pittsburgh attorney commented, summer, Barack returned to Harvard and Michelle eventually a law firm involves a “more volatile atmosphere” than other left Sidley & Austin, but not before a romance bloomed. The workplaces.i The added pressure of a romance, according to the couple married in 1992.1 attorney, “would just make the atmosphere explode.” The story of President and First Lady Obama provides an One may believe that a romantic relationship within the illustration of an ongoing occurrence in the legal workplace – legal workplace has some positive attributes. For example, if romance between co-workers. Although employers and the relationship involves two attorneys, both understand the employees alike may be loathe to agree, office romance occurs pressures inherent in the profession and would be able to inter- more frequently than people think. In an annually conducted act at work when they may not be able to do so outside of the survey of approximately 1,000 employees from various nation- job due to time constraints, deadlines, or court appearances. wide industries, the most recent results released in February However, an alternate argument can be made that an already 2009 are quite telling. In fact, fifty-eight percent of those stressful career does not need any further complications that employees surveyed reported engaging in a workplace-based may arise from dating a co-worker. relationship, and thirty-two percent reported participating in romantic activity at the workplace.2 Moreover, twenty-six percent of respondents reported meeting their spouse on the job, while fifty-seven percent responded that they knew of a married co-worker who was involved in an extramarital, workplace-based relationship.3 The theory that one’s home life and one’s career should be completely and distinctly separate is based partly in scientific manage- ment.4 At the root of this concept is the idea employees at work should “devote them- selves to the tasks of the job and avoid thinking as much as possible about per- sonal issues.”5 However, since the 1970s there has been a concurrent rise of femi- nism and the need to have a household with two breadwinners to be financially stable.

6 | juris magazine | SUMMER 2009 ...the problems begin when the relationship ends in the legal workplace

Several Pittsburgh attorneys questioned about the issue of employers, since relationships will inevitably develop and an workplace relationships espoused one commonality: the prob- outright ban on workplace relationships may not be possible or lems begin when the relationship ends in the legal workplace. desirable.11 Scholars have explained that companies and firms Disruption, inefficiency, social issues, and legal consequences are requesting or in some instances requiring employees who are likely, according to some of these attorneys interviewed. enter into a workplace relationship to sign a “love contract,” One attorney stated that the “potential negative ramifications which is a form that discloses the relationship to the employ- are unbelievable.” In small firms, the ex’s come into constant er.12 The written agreement states that both employees consent contact and must interact with each other to fulfill the firm’s to the relationship, understand the employer’s policies on sex- and his or her clients’ needs. Larger firms may provide ual harassment, and agree to behave professionally and to somewhat of a buffer zone for the broken-up couple, but the refrain from any favoritism.13 miasma of any negative feelings still hang over the heads of the Although some of the attorneys interviewed indicated individuals, other employees, and the firm in general. either that their employers have relationship policies in place When asked about what law firms can do to minimize the through an employee handbook or that they recognize the goal negative impacts of romantic relationships in the legal work- behind workplace romance disclosure, some questioned the place, most attorneys interviewed indicated that employer efficacy of such policies. One attorney explained that the policies defining the boundaries of the relationship, as well as employee handbook would “be useful in subsequent litigation” the procedures to undertake when the relationship sours, by providing “coverage for the firm in litigation or in any other would be helpful. This response invokes a growing trend in liability,” but that the existence of handbook policies has “no today’s workplace.9 For instance, in 2008, Vault’s employee impact” on the practicalities of a workplace relationship. survey indicated that only nineteen percent of employees Another Pittsburgh attorney asked about a “love contract” knew their company’s policy of prohibiting workplace rela- questioned its enforceability against employers and its relevance tionships. In its most recent survey conducted one year later, in any litigation. thirty-five percent of employees were aware of their company’s According to one Pittsburgh lawyer, attorneys are placed in policy prohibiting co-worker relationships.10 a “sensitive position” in their roles as professionals, and as such Lawyers interviewed also noted the creation and imple- they must be careful when their romantic lives entwine with mentation of “love contracts” as a possible solution for their professional careers. Employers should be urged to create

A Student Bar Association Update

n We sponsored the Barrister’s Ball in n We sponsored the First Annual Dessert January. More than 600 students, faculty, Social. Marlon Ferguson, Duquesne staff and alumni attended this year. School of Law Business Manager, was awarded the “Staff Member of the Year” n SBA helped to judge Woodruff Grade distinction out of all the staff of the Law essays as part of the “Do the Write School. SBA also recognized the entire Thing” essay competition. Students from law school staff for their efforts. the Pittsburgh City Schools participated and wrote about their experiences with n SBA sponsored the “Duquesne Rock youth violence. Against Cancer” at the Rex. All of the proceeds went to The Leukemia & Lymphoma Society. A message from SBA President Brandon Neuman

SUMMER 2009 | juris magazine | 7 policies fostering disclosure of any relationship that develops It is axiomatic that romantic relationships in the legal within the legal workplace. Employee handbook policies pro- workplace have developed and will continue to do so. Striking hibiting co-worker relationships within the workplace are a a balance between protecting employers from potential liabil- possibility, as is the creation and implementation of a “love ity and protecting employee privacy is difficult. As one scholar contract.” Regardless of whether any formal policy is imple- suggests, flexible policies on workplace relationships are the mented, however, legal employers should be aware that roman- most effective, with hard-line policies needed only when an tic relationships do form at the office. A cause for concern individual is in a direct, supervisory position over his or her exists when a workplace relationship develops between co- partner. Lawyers need to be aware that romantic, workplace- workers, one of whom possesses direct supervisory authority based relationships affect not only the individuals involved, but over the other. A situation like this could lead to allegations of the entire firm or company. Through the suggestions posited favoritism and may provide other employees with ammuni- in this article, both the legal employer and its employee should tion in any lawsuits alleging discrimination in the work- be able to live happily ever after. place.14 Attorneys engaged in consensual romantic relationships Elizabeth E. Lamm is a third year law student graduating in June with other attorneys or non-legal personnel should be encour- 2009 and will be employed as a law clerk to The Honorable Donald aged to report such involvement to the employer’s director of E. Beachley of the Circuit Court of Washington County, Maryland. human resources or managing partner. Disclosure of the Elizabeth is a 2006 summa cum laude graduate of Bridgewater relationship not only provides liability protection for the firm, College with a B.A. in history & political science. She is also pursuing but it also gives the couple an outlet through which to air a combined M.S. in Health Care Administration/M.B.A. from 15 grievances should the relationship end. University of Maryland, University College.

References 1 Barbara Kantrowitz, Secrets of the Obama Marriage, YOUR L. REV. 311 (2006); Peter Geier, Baltimore Lawyers Discuss Use TANGO, http://www.yourtango.com/node/3294 (last visited Feb. of “Love Contracts” to Protect Businesses From Sexual 1, 2009). Harassment Suits, THE DAILY RECORD (Baltimore, MD), Apr. 15, 2005. 2 Vault’s Office Romance Survey 2009, http://www.vault.com/sur- veys/officeromance/index.jsp?surveyPage=1 (last visited Feb. 10, 13 Joseph A. Carello & Todd R. Shinaman, Love Contracts in the 2009). Workplace: “What’s Love Got to Do With It?”, http://www.nix- onpeabody.com/publications_detail3.asp?ID=2181 (last visited 3 Id. Feb. 1, 2009). 4 FREDERICK WINSLOW TAYLOR, THE PRINCIPLES OF 14 For instance, in Broderick v. Ruder, 685 F. Supp. 1269 (D.D.C. SCIENTIFIC MANAGEMENT (1947). 1988), the District of Columbia Circuit was confronted with a 5 Sharon Rabin-Margalioth, Love at Work, 13 DUKE J. GENDER situation in which a staff attorney at the Securities and Exchange L. & POL’Y 237 (2006). Commission charged two fellow attorneys with “sexual favorit- 6 Barbara Reskin, Sex Segregation in the Workplace, 19 ANN. ism” by his conduct – granting promotions, giving cash awards, REV. SOC, 241 (1993). and providing other job incentives to two secretaries. Moreover, she alleged that one of her supervisors promoted another staff 7 Meghan E. Bass, Dangerous Liaisons: Paramour No More, 41 attorney to whom he was “noticeably attracted.” Broderick, 685 VAL. U. L. REV. 303 (2006) (the author provides a background F.Supp. at 1274. The court in Broderick held that the supervi- on sexual harassment lawsuits in the workplace, identifies new sor’s conduct created a hostile work environment for the plain- case law, and explains the positions taken by the Equal tiff and other female employees. Id. at 1278. It explained that Employment Opportunity Commission). sexual favoritism “undermined plaintiff’s motivation and work 8 Maureen S. Binetti, Romance in the Workplace: When “Love” performance and deprived plaintiff, and other…female employ- Becomes Litigation, 25 HOFSTRA LAB. & EMP. L. J. 153 (2007) ees, of promotions and job opportunities.” Id. (explanation of legal, practical, and public policy issues inher- The Third Circuit has rejected such a claim in Miller v. ent with workplace romance). Aluminum Company of America, 679 F. Supp. 495 (W.D.Pa. 9 Vault’s Office Romance Survey 2008, http://www.vault.com/pdf- 1988), where the plaintiff claimed that a supervisor improperly ads/survey-results/2008%20Office%20Romance%20Report.pdf gave preferential treatment to his paramour. The court (last visited Feb. 10, 2009). explained that no claim could be made out for gender-based discrimination based on the showing of preferential treatment 10 Vault’s Office Romance Survey 2009 – Question 9, http://www. between a supervisor and a subordinate employee. Miller, 679 vault.com/surveys/officeromance/index.jsp?question=9 (last vis- F.Supp. at 501. ited Feb. 10, 2009). 15 Rabin-Margalioth, supra note 5, at 251. 11 Joseph W. Gagnon, Four Things Every GC Should Know About Love Contracts, LAW.COM IN-HOUSE COUNSEL, http://www. 16 Id. at 244-45. law.com/jsp/ihc/PubArticleIHC.jsp?id=1205923895834 (last vis- ited Feb. 1, 2009). i The attorneys interviewed for this article are employed in 12 Jessica Lynn Mok O’Neill, If You Love Me Dear, Please Sign Pittsburgh firms and/or corporations. Due to the sensitivity of Here: Will the “Love Contract” Play a Role in Protecting the topic, the attorneys requested that their names and the Employers from Sexual Harassment Liability?, 40 J. MARSHALL names of their firms and/or corporations not be disclosed.

8 | juris magazine | SUMMER 2009 Prominent Alum to Speak at Graduation Alan Braverman, Esq., a 1975 graduate of Duquesne University School of Law and current Senior Executive Vice President/General Counsel of the Walt Disney Company, agreed to serve as commencement speaker for this year's graduation. Mr. Currently the chief legal officer for the world-wide Disney Braverman, who was editor-in-chief of organization, Mr. Braverman is headquartered in sunny the Duquesne Law Review and clerked Burbank, California. Mr. Braverman cancelled his prior com- for Justice Pomeroy on the Pennsylvania mitments so that he could attend the June 7th ceremony. Supreme Court, thereafter moved to Interim Dean Ken Gormley said he “had a long talk with Mr. Alan Braverman Washington, D.C., where he engaged in Braverman, and he will be a truly inspirational commence- corporate litigation; he then held high- ment speaker. He was genuinely honored to return to his alma level positions with ABC and ESPN. mater for this special occasion.”

SUMMER 2009 | juris magazine | 9 ‘Till Law School Do Us Part? By Anya Ryjkova

Law school is a life-changing experience that molds stu- dents into lawyers. A married law student encounters the addi- tional challenge of maintaining a relationship with his or her spouse during the notorious first-year, stressful biannual exams and mandatory all-consuming Bar preparation. In talking with married students at Duquesne, I got some insight into what helped them maintain a healthy marriage through the process of law school.

Treat law school as a full-time job. Clara and Bryan Schuster, both third-year day students, entered law school together with two young children. As parents, they felt accountable for every minute of their time. The Schusters treated law school as a full-time, nine-to-five job, taking only small study breaks, trying to complete their homework while their kids were in school. Clara and Bryan treat each other as teammates who are going through the same challenges. They rely on each other as study partners and keep each other going during the hard and stressful times. Clara and Bryan consider themselves fortunate as they go through law school together, not only do they understand each other’s school struggles and method. He discovered that just talking about it helped to keep stresses, they will understand each other’s career, which they the lines of communication open. During finals and approach- said is easier than a two-career household. After graduation ing deadlines, it is important to prepare one’s spouse by telling Clara is going to work as an in-house legal counsel for him or her what to expect, he says. Additionally, he found it is Manufacturing Techniques Inc., and Bryan will stay with his important to detect the smallest concerns and prevent them current employer, Williams Coulson LLC, doing Estate Planning, from growing. A married law student can contribute to the Tax, and Business Planning. relationship by discussing with his or her spouse the schedule of house chores or financial decisions. As Stefan says, “with Designate time to rest. other stress and busyness you don’t want [small things] to nag Associate Dean Nancy Perkins, L’86, Nova Southeastern at you.” University (Law Center), Davie, FL, began law school with a tod- dler and gave birth to her second child right after taking her Real Pursue your hobbies as a way to release stress. Estate final exam. Associate Dean Perkins says that being married Even though there is an intense level of competition at in law school taught her to be a better time manager. Even school, married law students feel responsible for protecting though she says she enjoyed law school, she understood quickly their spouses from being an outlet for law school stress. This is that she had to allow herself a break. Throughout school, Dean why it is important to release stress by pursuing hobbies and Perkins dedicated at least one whole day each week to her family. sports. Some of the married law students I talked to said they She made sure that every Sunday she did not open a law book. relax by spending time outdoors, running, training for mara- This time was devoted to her spouse and children; and that, she thons, traveling, or playing golf. They also said that because law says, helped her to reenergize for the upcoming week. school takes up such a huge chunk of time they encouraged their non-law student spouses to pursue hobbies as a way to Communicate with your spouse. fill the time they were busy studying. For example, Brian Joos, Stefan Dann, a third-year day student, found it hard to a third-year day student, supports his wife’s membership in describe law school pressures to his spouse, the stress level of a book group that consists of his former colleagues and going to class and preparing to face the unfamiliar Socratic their wives.

10 | juris magazine | SUMMER 2009 Prioritize. Being a married law student with family and kids often means that there will be no time for partying, including bar reviews or even the Barristers’ Ball. Charlie Chulack, a third-year day student, looks at the bright side of this. A married law student feels fortunate because he or she does not have to worry about dating and meeting people, he says. For instance, Charlie does not feel that he is missing out on student activities; rather he values his evenings spent with his wife and his infant daughter. When time is available to study, Charlie focuses on school without distractions. Give attention to one’s spouse. As Comment Editor on the Duquesne Law Review and a part-time law clerk with a local firm, Chulack has a very intense schedule. However, he says he always makes it a priority to take a break from his work or studies and simply give his wife a hug. Charlie and his wife Amy have a well- established relationship, he says. Nevertheless, they are still aware that small, everyday things like a hug and making snacks for each other are a big investment in a happier marriage amidst the intensity of law school. Third-Year Day Student Charlie tries to be mindful of his wife’s needs by keeping Charlie Chulack and his up with work around the house. He says this kind of attention 9-month old daughter makes his wife feel appreciated and not deserted. Madelyne, reading Juris and the Bluebook. Live frugally. The perks of being married include an additional income from a non-student spouse. On the other hand, having a husband or wife in law school is a challenge to the non-lawyer spouse, who ends up being the only breadwinner in the family. Tuition and books is a heavy load to bear for a one-salary family that must also pay rent or mortgage payments, and other regular expenses. A mounting school debt can add stress by putting twice as much effort into their school work, because to any marriage and cause many married students to learn of the investment both they and their spouse made in law frugal spending habits. Dann, for example, feels as if he has to school. Hall says after she and her med-student-husband “apologize to [his] wife for taking on so much debt.” Nicole graduate they will begin to pay down their respective debts. Hall, a third-year day student, has a husband who is in medical All of the married law students I talked with agree that the school. They dipped into their savings, but still owe significant life of a married person has its own challenges, apart from debt. Often, it seems that this financial obligation brings the the stress of law school. These challenges include making time spouses together, because one trusts the other to be responsible for your spouse, keeping up with household chores, raising with his or her income. children, being financially accountable. No one I talked to had The added burden of knowing what your schooling is any regrets about attempting law school while married; in fact, costing someone else makes some married students feel they everyone I talked with said if they had it to do over—knowing must be more accountable. Chulack and Dann say they respond what they know now about their relationship and law school— they would not change a thing. The students I spoke with said they made it through the law school exams, Bar prep courses, on-campus interviews, part-time jobs and clerkships. Now they stand proud, looking back at the immense amount of Clara and Brian marital teamwork, patience, and respect that helped them Schuster, third- through the challenging law school years—as they look year day students, towards the future, fully prepared for new stresses that come with their children, Catherine and Mary with practicing law in the “real world.” Ellen, ages 7 1/2 and 6, respectively. Anya Ryjkova, L’09, immigrated from Russia to U.S. in 2001. She plans to practice family law or business planning; in her free time she enjoys dancing Argentine Tango, traveling and programming. She can be reached at [email protected].

SUMMER 2009 | juris magazine | 11 A Defense Courtesy of the Allegheny County Public Defender’s Office: Recent Improvements and the Road Ahead

By Zackary Smith and Benjamin J. Steinberg

“In returning to these old precedents, sounder we believe than the new, we but restore constitutional principles established to achieve a fair system of justice. Not only these precedents but also reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth.”

Gideon v. Wainwright, 372 U.S. 335, 344 (1963).

Twelve years ago the Allegheny County Public Defender’s Case History Office (PDO) was accused of violating the state and federal In late September of 1996, the American Civil Liberties constitutions for essentially depriving clients of the right to Union (ACLU) filed a class action suit on behalf of three indigent counsel by allegedly providing such poor representation defendants in Allegheny County, two of whom included a men- to clients—indigent defendants who could not afford private tally disabled homeless man and a juvenile girl.1 The suit alleged representation. At the time, the office was badly understaffed that the PDO had allowed the program to deteriorate so much as and the County attorneys often did not even meet the client to deprive indigent defendants of their right to counsel guaran- until immediately before a hearing. Taking note that the teed by the Constitution’s Sixth and Fourteenth Amendments, as Allegheny County Jail has been at maximum capacity in recent well as by Pennsylvania’s Constitution and laws.2 years, Juris reviewed this case and the budgetary circumstances The ACLU filed suit following a massive budget cut to the that led up to it and went down to the PDO to see what has PDO; the Office’s budget was cut by one-third.3 The ACLU changed today. alleged the office was plagued by “overwhelming caseloads,

12 | juris magazine | SUMMER 2009 severe understaffing, inadequate resources, defective policies ing “trial eve” meetings with their attorneys or and procedures, inferior physical facilities,” and other long- continued instances of no meetings at all. The ACLU standing deficiencies that led to the inability to adequately contended that despite the PDO’s under-spending represent indigent defendants within the county.4 In many their budget by approximately $300,000 each of the cases, according to the ACLU, a defendant often would only get prior three years, deficiencies in understaffing, lack the opportunity to meet with the attorney minutes prior to the of training and oversight, and minimally acceptable hearing. The ACLU alleged that, in extreme cases, speedy trial representation continued. rights were even waived by public defenders, such as when Following the Motion to Compel filed by a young male faced his first criminal charges and ended up the ACLU, the PDO was forced to go over sitting in the County Jail for fifteen months without seeing a budget to maintain the court-ordered lawyer.5 staffing levels. In 2003, former Chief The staffing situation at the PDO was precarious in the Executive Jim Roddey and Allegheny period leading up to the suit. In the Juvenile Division alone, County Council budgeted $5.9 each attorney was handling 700 cases per year, which is three million for the PDO, and by the times the recommended standard caseload.16 Each attorney in end of the year, the office spent the Parole and Probation Unit was responsible for around $6.7 million.13 3,000 hearings per year, which breaks down to around sixty In 2004, the Public Defender’s hearings per week.17 In the mental health division, each attor- Office was allocated $6.6 million, ney handled 4,500 hearings per year, or ninety hearings per but had to spend more than week.18 In total, the number of attorneys employed by the $7 million, according to projections Public Defender was a dismal forty-six.19 Breaking down the presented to the County Council at numbers, a full-time attorney at the PDO could routinely be that time.14 The County was forced to yoked with up to two hearings every hour of every workday. In transfer funding from other departments to allow the PDO addition to the stress on attorneys, such an enormous obliga- to meet its needs. In addition to increasing the funding, tion could only result in a near-colossal level of harm to the Allegheny County was forced to pay approximately $1 million defendants relying on their services. over the life of the case to cover the legal fees of the ACLU.15

A Settlement is Reached Fast-forward to February 2009 On the eve of trial between the PDO and ACLU, in the Upon visiting the Public Defender's Office in downtown spring of 1998, shortly after Court of Common Pleas Judge Pittsburgh, it was evident that the prior extreme lack of Robert Horgos rejected the County’s motion for summary resources, staff and equipment has been addressed. For judgment, a settlement was reached between the two parties. example, according to a secretary, nearly all of the staff now The language of the settlement began with a statement that have their own computers. Significant progress has been made would inevitably foretell the long and difficult path on which in addressing the staffing, equipment, and supply needs alleged both parties would struggle to forge and remain: “Despite the in the lawsuit. There are now eighty-six total attorneys— deeply contested nature of this lawsuit and the Parties’ pro- seventy-two full-time and fourteen part-time—employed by foundly differing views. . . they have entered into this Settlement the PDO. That is seven more attorneys on hand than required Agreement.” Some of the most significant stipulations in the under the original 1998 settlement agreement, and nearly agreement included doubling in size of the PDO over a three double the attorneys on hand in 1996. Walking through the and one half-year period and the appointment of an indepen- offices today, you see updated desks and filing cabinets, as well dent consulting group to assist the county in developing prac- as staff working at their own computers—rather than sharing tice standards, procedures, policies and training programs. a central one. After Juris’ investigation into the PDO today, we Throughout the years following the settlement, the County saw that the equipment and resources available to the staff have did employ the help of an independent consultant, The been improved greatly—from what was described nearly a Spangenberg Group, to assist the PDO in a transition to a more decade earlier. efficient and effectively run system. In a report authored by the Even though the total amount of attorneys employed group to Judge Horgos, dated May 8, 2000, it was evident that today exceeds the staffing requirements of the 1998 settlement the process of revamping the County’s Public Defender’s agreement, the level of staff does not seem to meet the casel- Office was going anything but smoothly. Like the Settlement oad. My general impression of clients and attorneys at the Agreement, this report began in the same grim fashion, citing office is that they are overworked. One client, John H., who was major difficulties in communication efforts between the con- waiting to meet with an attorney, spoke at length with Juris to sultant group and the office’s administration. For instance, the discuss his past experience as a client represented by the Public report was prefaced with comments regarding the many Defender’s Office. attempts of the group to work with a chief Public Defender A few years ago, John stated that he accidentally became who was in the midst of a campaign to serve in the same court addicted to Oxycontin, after receiving the prescription to treat as the presiding judge. an injury. He became chemically dependent on the opiate—his By June 25, 2003, the ACLU filed a motion to compel the prescriptions ran out, his tolerance went up, and the drug County to either comply with the Settlement Agreement or be became too expensive. Turning to heroin to make up for the held in contempt of court. The ACLU alleged continued com- lack of legal opiates in his system, he lost his business, and plaints from indigent defendants in Allegheny County regard- eventually turned to retail theft to fuel his habit, pay the bills,

SUMMER 2009 | juris magazine | 13 The 1998 settlement agreement provided for a new staff training program. What training do the attorneys currently undertake before beginning full-time representation? In 2004, we opened up the process for hiring to all of the lawyers in the office. Twelve to fourteen lawyers watch a closing argument from a podium here as a part of the typical interview. The training time has really increased. We initiated a training program in 2004, which has recently been taken to new heights by attorneys Michelle Collins and Frank McWilson. It’s inten- sive—a two to three week training program where an attorney is trained by lawyers in the [Public Defender’s] office, and we have outside counsel and judges who also take part. In the field, they shadow someone for at least two weeks. We also receive feedback regarding performance—the best feedback we receive comes when District Magistrates call—or I see them—and are and buy Christmas presents for his niece and nephew. Upon his exuberant about the quality of our lawyers. eventual arrest, he relied on the PDO for representation. While admitting that what he did was wrong and deserved punish- What is the current status of resources at the Public ment, John also felt disenfranchised and underrepresented by Defender’s Office including staff, desks, computers, the public defense system. information management, meeting rooms, etc? After meeting the deadline to apply for and receive repre- With the influx of new hires we now have eighty-seven sentation, John went to his hearing. His attorney never showed lawyers in the office, and are at full capacity. We are not looking up, and the judge was forced to pull an attorney that happened to hire any more lawyers right now. Also, the funding is not the to be nearby to represent him. Eventually, John did receive rep- issue. We recently had the largest computer purchase thus far resentation from the PDO, only to be solicited for money and —we just brought in 70 brand new complete computers plus handed a business card by the attorney at the end of the trial, 60 new flat-screen computers. We just received—and are because the attorney provided to him for his public defense was very proud of – a Department of Human Services donation going into private practice. from Mr. Marc Cherna (Director of the Allegheny County Even with the increase in staff and resources, clients like Department of Human Services) of somewhere between 30 to John, who cannot otherwise afford representation, are repre- 50 computers that they were no longer using because they sented by public defense attorneys who seem to just “go changed systems. Those are going to tie into a brand new through the motions.” According to John and other clients who records-management system that we are in the process of spoke with Juris on the condition of anonymity, it is common purchasing. It will revolutionize our system. We are trans- practice for clients to be represented by different attorneys at itioning into a completely web-based records-management different stages of the same proceeding. This has spawned a system. We’ll be able to figure out everything, and integrate general concern regarding “how much the attorneys really do everything with the jail and the court system, so we don't have know about” their cases. According to John H., upon briefly to be duplicative in what we are inputting. meeting with him, the attorney “just takes the paperwork,” and “sees [him] in court.” How does the Public Defender’s Office define what Calling himself a “victim of the system,” John argues that constitutes adequate legal representation? while the ultimate outcome of his case would probably not We all have the same goal, as part of our mission state- have changed, the attorney originally assigned to him could ment, which is to provide the best representation for our have argued the charges down had he shown up. clients. The idea is to move forward and remain involved in Recently, Juris also had the opportunity to speak with initiatives though which we'll be able to address times where we Chief Public Defender, Michael J. Machen: can have even greater interaction with our clients. The ACLU has been very helpful to this Office – they did a tremendous job. How many cases per week does each of the attorneys on staff Attorney [Witold] Walczak (legal director for the Pittsburgh currently handle? office of the ACLU) has been a friend to this office and is also With the increase in lawyers, we have reduced the number on the indigent task force. of cases per lawyer, which is great. When the number of cases per lawyer is reduced, obviously the quality of representation In a March 24, 2004, Post-Gazette article, you stated that increases, with more time spent per client. your goal is to create a statewide office of public defense that would alleviate the burden on county government. How far At the outset of a case, what is the process by which Public along are you in achieving this goal? Defense attorneys represent clients of the Office? The Governor has just started a “state indigent task force” Our practice is to initiate attorney activity as soon as and has placed me on the task force. The task force will study possible. Our paralegals interview a client in jail, and within the funding needs of individual counties and whether a state- twenty-four to forty-eight hours of incarceration, we have an wide system is necessary. Some counties don’t have enough attorney meeting with the individual. funding to provide investigators. [Pennsylvania is] to my knowledge the only state that does not have state funding avail-

14 | juris magazine | SUMMER 2009 able for public defense. The Allegheny County Bar Association fewer than in the past. We hope that the increased resources Journal wrote about all of this. We have also established, have remained in place. in March of 2008, the Defender’s Association of Western Pennsylvania, made up of around fifteen public defenders from Have you received any complaints regarding the performance Western Pennsylvania to discuss funding issues. We have really of the Allegheny County Public Defender's office? pushed for this and will have a meeting on May 1, 2009, in Erie We receive complaints about every Public Defender's to let the Governor know that we really need some help. The Office. In and of itself, that isn't an indicator of the job the Allegheny County Public Defender’s Office was at the forefront Office is doing. Again, the volume and seriousness of com- of this initiative. plaints is down from the time that the settlement was reached.

Is the office of the public defender anticipating budgetary In sum... shortfalls in the near future, given the current economic While any visit to the Allegheny County Public Defender’s and state funding situation? Office makes it clear that the situation now does not compare We would hope that President Obama’s stimulus plan to the circumstances complained of more than a decade ago by would be very helpful. We have drafted what we think is a the ACLU, there is still room to improve. The PDO faced seri- request for stimulus package receipts for our office. We are ous issues ten years ago, but it was not for lack of perseverance. pursuing funding to address three issues: Homeless Prevention, The County officials are working to make the system as close to Special Education Part B Grants, and Education Technology for a customized system of representation as possible. From talking Professional Development. We don’t think it’s “pie in the sky” with actual clients and hearing their anecdotal experiences, we —we have quality thoughts there. We just met with Deputy saw that individual PD’s still face heavy caseloads and some County Manager Kathleen McKenzie who was very excited budgetary issues may still hamper their ability to provide just about these initiatives. representation. The improvements made by officials to the Allegheny County Public Defender’s Office over the last Juris also had the opportunity to briefly discuss the case decade and their plans for the future should ensure that and current status of the PDO with Witold “Vic” Walczak, the defendants in this county will never again face a violation of American Civil Liberties Union of Pennsylvania’s Legal Director. their Constitutional right to counsel by the very office that was created to provide it. How would you describe the performance of the Public Defender's Office in complying with the requirements of the Introduction and Background by Benjamin J. Steinberg, a second- settlement agreement? year day law student and Managing Editor of Juris. Benjamin We have occasional contact with the Public Defender’s graduated from the University of Delaware in 2004 and is currently Office. Chief Public Defender Machen and I are both on a State an intern with Caroselli, Beachler, McTiernan & Conboy. He can be Commission looking at indigent defense. Since the Consent contacted at [email protected]. Order was ended, over the ACLU’s objections, the ACLU has had little contact with the PDO. We have received some Interviews and Investigation by Zachary Smith, a third-year day law complaints since the settlement order was ended, but in most student and Juris Staff Writer. Zachary is interested in corporate and of those the PDO has become more diligent in representing the securities law, as well as civil litigation. He received his bachelor's individual. We are not really in a position to comment on how degree in finance from the Smeal College of Business at Penn State. well the PDO is operating. Again, we still get complaints, but He can be contacted at [email protected].

References 1 American Civil Liberties Union (hereinafter ACLU), ACLU Files 7 Settle. Background (May 15, 1998) (available at www.aclu.org/ Class-Action Lawsuit Against Pittsburgh Public Defenders for FilesPDFs/settlement%20agreement.pdf). Failing to Counsel the Poor, www.aclu.org/crimjustice/ 8 Id. at http://clearinghouse.wustl.edu/chDocs /public/PD-PA- indigent/10160prs19960918.html (Sept. 18, 1996). 0001-0004.pdf. 2 Id. at www.aclu.org/crimjustice/indigent/10160prs19960918. 9 Ltr. from The Spangenberg Group to J. Robert Horgos (May 8, html. 2000) (available at www.aclu.org/FilesPDFs/first%20report%20 3 Id. at www.aclu.org/crimjustice/indigent/10160prs19960918. to%20the%20court.pdf). html. 10 Pl.’s Mot. to Def. to Comply or Contempt (June 25, 2003) 4 Pl.’s Complaint [¶ 1] (Nov. 21, 1997) (available at www.aclu.org/ (available at www.aclu.org/FilesPDFs/doyle.pdf). FilesPDFs/complaint3rdamended.pdf). 11 ACLU, ACLU Asks Court to Hold Allegheny County in 5 ACLU, Settlement in Class-Action Lawsuit Against Pittsburgh Contempt for Failing to Improve Public Defender’s Office, Public Defender for Failing to Counsel the Poor, http://clearing- www.aclu.org/crimjustice/indigent/10107prs20030626.html house.wustl.edu/chDocs /public/PD-PA-0001-0004.pdf (May 13, (June 23, 2003). 1998). 12 Id. at www.aclu.org/crimjustice/indigent/10107prs20030626. 6 Rul. Def.’s Mot. S.J. [¶ 1] (Mar. 18, 1998) (available at html. www.aclu.org/FilesPDFs/ACF4B1A.pdf); Id. at http://clearing- house.wustl.edu/chDocs /public/PD-PA-0001-0004.pdf.

SUMMER 2009 | juris magazine | 15 Years of Excellence 40th Anniversary Section by Lara Shipkovitz (3D-JD) and Amy Vanderveen (3D-JD/MBA).

4Introduction0 Juris debuted in September 1967. Its founders were enthu- and reporting the most current news at Duquesne and around siastic for the magazine to become a mainstay in the Law the community. In honor of Juris’ important role in School. Not only has Juris become a symbol of tradition for preserving the Law School’s history, we cannot think of a more students and alumni of Duquesne Law, the magazine has also appropriate way to commemorate the magazine’s fortieth served to memorialize the most pressing news over the past anniversary than to feature the best of Juris’ gone-by, as well as forty years. Juris, originally assembled as a news magazine with documenting the aspirations of the graduating class. Juris has the mission of presenting items of interest to those in the Law established itself as an integral part of the Law School, and we School and to the legal community at large, has continued this hope this tradition continues for many years to come. convention by consistently commemorating historical events

Some Things Never Change… After delving through older Juris editions, we noticed 5. Duquesne Law School students continue to be recognized several common trends and themes. Although the law school, the for their achievements, following the school’s tradition for student body, and the legal profession have all undergone sig- excellence. nificant changes over the past 40 years, several patterns emerged 6. Torts class is still feared by every first-year. illustrating that maybe some things never change at all… 7. Over the past 40 years, students have consistently felt that 1. Even in 1967, the purpose of law school was to think like a the supply of young attorneys exceeds the demand. lawyer. 8. In the spring of 1993, the staff of Juris thought it was 2. Juris has continuously featured articles on Professor important to write an article about how to get around Yochum and his ever-present interest in drama and theater the courthouse (e.g., how to find a will) because a (often showcased inside the classroom as well!). majority of students indicated they were unsure of 3. In 1981, the most popular motivating factors to attend the process. Duquesne Law were: location, faculty and high bar passage 9. In March 1980, Juris reported that the costs of legal rate. education were soaring. 4. In 1992, the 25th Anniversary Edition asked alumni what 10. Even in 1974, students felt it was nearly impossible to they were doing, and whether it was anything like they receive A’s in their courses. expected it to be.

16 | juris magazine | SUMMER 2009 appeal to the D.C. Court of Appeals and was denied a hearing in front of the entire appellate panel. Further, Pearson was not rec- ommended for an additional term as an administrative law judge, ldies But Goodies following his actions in the case. (as reported by the Associated Press).

A New Definition of Obscenity While looking through the numerous past editions of Juris, we were given the privilege of enjoying many features of The Chief Judge of the United States Court of Appeals for the the magazine that have come and gone with time. Many of 9th Circuit was recently caught posting explicit pictures and videos these articles were insightful and humorous and gave us to his website. Judge Alex Kozinski told the Los Angeles times that he was unaware at the time that the website was accessible to the regret that such traditions have faded over time. Many public. Ironically, at the time of the posting, Judge Kozinski, a con- editions featured cartoons and Top 10 lists, or sidebars of servative appointee of President Regan, was presiding over an humorous anecdotes providing readers with an absorbing obscenity case (as reported by the Associated Press). and appealing magazine. With the following section, we were determined to revive a few of the older traditions and Chicken in Contempt? perhaps, breathe new life into them. We took these ideas and The Defendant in this case was origi- reinvented them for our current law school atmosphere, nally charged in a multiple count indict- while attempting to keep with the tradition and spirit of ment for tampering with utility metering Juris. We hope you enjoy them as much as we do! devices. However, when the defendant appeared for trial, he also found himself in Years contempt. The court’s order described the Legal Gems defendant as showing up for trial “in a of Excellence No Hooters, So What? grossly shocking and bizarre attire,” On January 14, 2009, local Corpus Christi Texas news media in which the defendant was dressed reported a man filed a gender discrimination lawsuit in federal resembling a chicken, complete with fur court against Hooters, claiming he was denied from a serving posi- tied around his body, loins and head. tion in May because of his gender. The man’s attorney, Martin Furthermore, the defendant had what Shellist, believes they have a strong case as “Hooters attempts to appeared to be a human skull dangling 40 circumvent the law by referring to its waiters as ‘Hooters Girls’.” from his waist and carried a stuffed The man’s lawyer wants to turn the case into a class-action lawsuit snake. Despite his bizarre dress, the Court of by finding other men who allege Hooters discriminated against Criminal Appeals reversed the contempt adjudication, holding them. The Plaintiff hopes the case will go before a jury sometime the trial judge erred in failing to inquire into the nature and in 2010. sincerity of defendant’s religious assertion that he was donning spiritual attire. The Supreme Court of Tennessee affirmed. State The World’s Most Expensive Pants of Tennessee v. Hodges, 695 S.W.2d 171 (1985). A lawsuit was filed by a District of Columbia administrative hearings judge, Roy Pearson, against his local dry cleaner for a pair of missing pants. The judge went to Yea! And Boo! pick up his clothes at the dry cleaner he Yea! In December 1974, the entire graduating class passed the bar regularly patronized when he discovered exam in Pennsylvania (the first time an entire class passed in that a pair of pants from one of his suits Pennsylvania)! was not ready. When he returned two days Boo! There are still complaints about the divided faculty and later, the pants were deemed missing. The judge asked for the full inefficient administration as in 1982. price of the suit, which was more than $1,000. The owners refused to pay when the alleged missing pants were found a week later. The Yea! For finals now held before winter break! judge then decided to sue for fraud based on two signs in the clean- Boo! The high prices at Java City. ers stating “Satisfaction Guaranteed” and “Same Day Service.” He Yea! For the new microwaves and refrigerators for student use. is also seeking monetary damages for the price to rent a car every weekend for ten years to go to another dry cleaner, a price listed at Boo! For the cold temperatures both inside and outside the $15,000. However, the majority of the $65 million claim in dam- law school. ages arises from the judge’s strict interpretation of D.C.’s consumer Yea! For free hot chocolate days, courtesy of Career Services protection law, which fines violators $1,500 per violation, per day. (when temps fall below freezing)! In the midst of a bitter divorce, he rejected a settlement offer of $12,000 from the cleaner’s that had been forced to close their shop Boo! 2.0 is considered “professional competency.” due to the litigation. At trial, Pearson broke down in tears on the Yea! For the recent accomplishments of all the trial advocacy witness stand. The judge ruled in favor of the dry cleaner’s and teams! awarded them court costs- although they later withdrew this Boo! For the increasing crimes occurring in and around campus. request because they raised enough money to cover the costs from donations due to the public outcry over this case. Pearson lost his Yea! For the Class of 2009’s goal for a 100% bar passage rate!

SUMMER 2009 | juris magazine | 17 I think the biggest change in the legal field will be the influx in websites like legalzoom.com, which allow clients to create legal documents from home or the office. Such websites threaten traditional attorney-client relationships because by answering a few brief questions online, a document will be prepared by an attorney the client has never met.” -Mi k e Co h e n , 3D

“In the next ten years I see the development of a litigation career in Time Capsule Pittsburgh, whether it's with the firm at which I am currently working, or After perusing 40 year’s worth of Juris editions, we came to otherwise. I hope to gain experience the realization that one thing that has not changed over the past in both civil and criminal defense 40 years is the optimism and enthusiasm of each graduating litigation, and get into the court- class. To highlight this attribute that sets Duquesne law students room as soon as possible. apart and as a tribute and farewell to the Class of 2009, we asked In the next twenty years I hope several graduating third-years the following questions: to be an established litigator in Western Pennsylvania. By then I will know whether a “How do you see your legal career panning out in the next 10 moderate to large firm fits my lifestyle and career vision, and if years? Over the next 20 years? Also, what do you feel will be the not, I will look for partnership opportunities of my own. biggest change in the legal field over the next decade or two?” I think the biggest change in the legal field over the next decade will be in procedural and not substantive areas of law. The “I plan to go into private practice and expect to devote coupling of the nation’s current financial situation with the trend approximately 90% of my time to litigation over the next 10 years. of more cost-effective dispute resolution solutions has created a Hopefully, I can get into mediation later on down the road. movement towards alternative dispute resolution and away from

A Snapshot: 40 Years of Award-Winning Reporting Compiled by Christina Horton

Since its first publication in 1967, Juris has earned its title as and what standards doctors were “The Duquesne Law School News Magazine.” Over the years, the to use when determining the true former writers and editors did not shy away from tackling contro- time of death. Among the legal versial and serious topics taken from the headlines to highlight the ramifications discussed as a result legal perspective. To recognize these efforts, Juris received many of an incorrect pronouncement honors over the years, including multiple awards as the “Best over- of death were both civil liability all Law School Magazine” by the American Bar Association. Below for wrongful death and criminal are just some of the examples: liability for homicide. While not a medical matter, Dean Ronald R. Spring 1969: Donald R. Charles, at the time, a Third Year Day Davenport penned a piece enti- student, wrote an insightful piece discussing the need for national tled “A Partial Defense of Gerald reform to the welfare system. He spoke to the need for President Ford,” discussing the controver- Nixon’s administration to establish minimum standards for aid sial timing of President Ford’s received that would be uniform throughout the nation. pardon of Richard Nixon. Dean Davenport concluded that the Fall 1974: This issue of Juris was dedicated to Medical timing of the pardon was constitution- Technology v. the Law. Among the topics featured was an article ally questionable; he stated that he felt discussing the legal issues surrounding the right to die and eutha- “no good purpose would be served to nasia. In this piece, authored by Mary-Ann Bastiaans, the this country” by the prosecution of Fourteenth Amendment Due Process and Equal Protection issues Nixon. Dean Davenport, instead, would were analyzed against the state interests of prosecuting homicides have suggested that the pardon take and utilizing its parens patriae power to protect its citizens. place after indictment and a full publi- Another article, by John H. Woltz, Jr., discussed organ donation cation of the facts, rather than before

18 | juris magazine | SUMMER 2009 filing suit in court every “I envision myself being a successful Family Law attorney and time something goes later hope to work as a juvenile judge. wrong. I think that this With technology changing so rapidly, I believe attorneys and trend will continue, and judges will rely more on computers and other emerging technolo- perhaps even pervade civil gies. In fact, courtrooms may become obsolete as so much can be procedure itself and the done through videos and computers. Sadly, I feel these changes may way that complaints are make the profession a lot less traditional and more informal.” handled within the state -La u r e n Pl a t e , 3D court systems.” -Mi k e Wa t s o n , 3D “In ten years, I hope to have my own general practice “I see myself working for the Public Defender here in somewhere in the Pittsburgh Allegheny County for about 5 or 6 years and then going into area. private practice with some other attorneys. I hope it will be a In 20 years, I hope to be general practice. working at some capacity in the I think that the biggest changes will legal community and also teach- come in the next few years in the banking ing classes at a law school or in laws and giving out loans. I think there an undergraduate program. should be and there will be greater regula- I think the biggest change tion when it comes to home loans. I also in the legal community in the next decade or two will be the hope to see civil rights for homosexuals. gradual decriminalization of drugs and drug crimes in many Maybe in the next 50 years there will be states. Prison overpopulation is already a big problem in America. decriminalization of marijuana.” Building more prisons and incarcerating more people is not the -De n n i s Bi o n d o , 3D answer. Also, the drug wars in Mexico are becoming increasingly more violent and uncontrollable. In my opinion, the obvious solution for many states, and possibly the federal government, will be to decriminalize certain drugs and drug offenses. Let's face it,

any such events took place. However, our former Dean made sure Executive Director of the Cyril H. Wecht Institute of Forensic to reiterate that he “unequivocally” supported President Ford’s Science and Law and the Founding Director of the Post Conviction decision. DNA Project, wrote an in-depth profile on Pennsylvania Supreme Court Justice Rolf Larsen in anticipation of the vote for his Spring 1983: The Editorial retention in November of 1987. This article delved into Larsen’s Board of Juris made this a the- personal history, character profile, and his history as a Judge on matic issue. Roseann LaRosa, the the Court of Common Pleas of Allegheny County and as a Justice magazine’s Editor-in-Chief at on the Supreme Court. Rago stated “[a]s a Jurist, it seems, Justice the time, made sure to make Rolf Larsen looks out for those who have been harmed by others clear what the theme was and, and demands that those responsible for the injury or harm be held conversely, what it was not. She accountable for their actions.” He concluded that Larsen was “an stated, “[t]his is not a Women’s Issue. Indeed, the articles con- tained herein do address areas of concern in which women appear to be the focus. Certainly, how- ever, we have all learned not to be deceived by appearances.” Therefore, Ms. LaRosa called the issue: “Equality, A Human Dilemma.” This in depth, expansive issue looked at such topics as surrogacy, pornography, strip searches, spousal rape, paternity leave, and abortion...all topics which are still controversial and continue to be the subject of numerous debates.

Fall 1987: In this issue, Editor-in-Chief John T. Rago, now an associate professor of law at Duquesne, as well as the Founding

SUMMER 2009 | juris magazine | 19 incarcerating someone for possession of a drug without intent to distribute is asinine in and of itself. It's only a matter of time.” Treasure Chest -Ad a m Bi s h o p , 3D Although the Class of 2009’s enthusiasm impresses “In the next 10 to 20 years I see myself gaining experience in us, we did not think this edition would be a variety of areas in a moderate sized or bigger law firm. I see complete without demonstrat- myself ending up in the corporate law and/or real estate division of ing that their predictions, as a business or larger law firm. I would also like to have several years predications often are, will of litigation experience. probably be wrong! To In the next decade or two, I think one of the biggest changes demonstrate the unpredict- we will see in the field of law is with technology. I think technology ability of where a legal edu- is going to create new areas of the law that do not exist at the cur- cation may lead graduates, rent time. However, I also think that technology is going make the we asked several professors need for lawyers in routine and common matters of the law unnec- the following questions: essary and obsolete.” -Em i l y Fu ll e r t o n , 3D “How did you, at your date of graduation from Law School, envision your professional career panning out, and what differ- ence, if any, has your career today changed from the path you envisioned? For example, did you know you wanted to teach? Additionally, what do you feel will be the biggest change in the legal field over the next decade or two?

"When I graduated form Duquesne Law School in 1966, I expected that I would spend my career as a practicing lawyer, with a firm, in Pittsburgh. While teaching was in the back of my mind, it did not come to the forefront until later. Neither did I expect to be heavily involved in international (or, to put it more accurately,

elemental political force because he is utterly at one with the nomination, Robert Bork. Spector stated that, “having come to like citizenry, as seen unmistakably in his judicial decisions and and respect Judge Bork, I reluctantly decided to vote against him, opinions which show that in office as in his private life, his is his because I had substantial doubts about what he would do with brother’s keeper.” fundamental minority rights, about equal protection of the law and freedom of speech.” Winter 1988: Juris scored an interview with Senator Arlen Spring and Summer 1990: The new decade did nothing to Spector to discuss his views on steer Juris away from tackling tough topics. The spring issue of the judicial selection process. 1990 dealt primarily with abortion. Editor-in-Chief Pamela J. The interview took place after Castrucci understood that this would be, at the least, a very contro- the heated search for a new versial topic to feature, and stated in her opening remarks that Justice to fill the seat vacated by abortion “is, perhaps, the most polarizing issue of the day,” but the retirement of United States made sure to express that since Supreme Court Justice Lewis the issue was taking its toll on Powell. The Regan administra- college campuses, that “Juris is tion had just succeeded in grateful for the opportunity to elevating William Rehnquist to explore this controversial sub- Chief Justice and appointing ject.” Castrucci went on to state Antonin Scalia to the Rehnquist “Some of what has been print- vacancy. Spector stated, “I do ed here may offend some, but not use a litmus test. I do not believe in it. My preparation for that is not our intention. This Bork, Scalia, and all the lower court judges, was to start with what issue cannot be ignored. Those the person has said in the past. That encompasses opinions, law in the law must be aware of the review articles and speeches. That gives me an idea as to judicial legal ramifications and conse- philosophy.” In an article published in the same issue penned by quences of the decisions made Spector, he explained why he opposed the Administration’s first in court [and] [t]his is no

20 | juris magazine | SUMMER 2009 transnational), legal matters. The Peace Corps experience (Panama, “When I graduated from Harvard Law 1966-1969) certainly was influential in bringing about my career School in 1980, I had a few different goals. I changes, as was the desire to keep working on interesting issues wanted to teach, I wanted to write books, and I even after the clients' needs dictated otherwise. The nature of legal wanted to practice law in an old-fashioned education and of the legal profession — lawyers are the best gen- sense, helping people with everyday, impor- eralists — and the excellent education that I received at Duquesne, tant tasks like writing wills and buying in Law School as in the College, made the transition easy and homes. I also had a love for Constitutional indeed, natural." law and civil rights issues of all kinds, – Ro b e r t S. Ba r k e r , Du q u e s n e University Distinguished and hoped to find a career that would Pr o f e s s o r o f La w (as quoted from his 1968 Juris article allow me to swirl all of these interests “Justice in the Barriadas” written while a Peace Corps together and contribute something each Volunteer in Panama.) day I reported to work. I clerked for a federal judge for two years. I taught at Pitt Law School for four years. I practiced law — pri- “When I matriculated at Duquesne University School of Law, I marily litigation work — for seven years (longer than I ever already knew that I would pursue a career in the Navy Judge expected). Then I was hired to teach at Duquesne Law School in Advocate General's Corps (Navy JAG). As I tell people all the time, 1994, and all of the pieces fell into place. This is exactly the type of Duquesne enabled me to live my life exactly as I planned. My 32 rewarding job I had always dreamed of. It has allowed me to years of service to the nation were combine all of my interests (teaching, writing and practicing law more rewarding than anything for the good of others) in a way very few people are else I could have done. Returning lucky enough to do. I feel privileged to hold this posi- to Duquesne to be the first gradu- tion; I am thankful for it each day. ate to serve as dean was an unex- In the future, I believe one of the greatest chal- pected honor and privilege.” lenges facing our profession will be to ensure that an – Do n a ld J. Gu t e r , over-emphasis on billable hours and the ‘bottom line’ De a n 2005 t o 2008 do not prevent lawyers — young and old — from con- a n d Pr o f e s s o r tributing their talents to public service, pro bono work, o f La w and simple acts of kindness to help friends and family

exception.” The Summer issue featured an article titled “Plague of increased crack-binging, and the possibility of a continuing black the Nineties,” written by J. Alan Fuehrer and Aileen Hickey, which market as reasons against legalization, the Doves referred to the analyzed the sociological impact of the diagnosis of HIV and failed, high-cost government effort to combat the drug problem, AIDS in terms of the law. At the time of the article, Pennsylvania and how the war on drugs had led to overcrowded prisons, jails had the eighth highest occurrence of AIDS in the country, yet, as and courts. The Doves believed that “if drugs were legalized, there the article noted, the state would be a much needed reduction in the amount of criminal legislature had yet to enact cases and the government could save billions of dollars . . . Since AIDS-specific legislation to the legalization of drugs would reduce the cost of drugs, many deal with the confidentiality of crimes committed to get money to buy drugs, such as robbery patients. The article further and burglary, drug dealing, prostitution, and numbers running discussed mandatory reporting would decrease.” laws, potential discrimination disputes and the social stigma Winter 1994: Proving to us associated with these diseases. now that history does in fact repeat itself, a feature article Spring 1991: “This week in this issue, written by Lisa only, rock bottom prices on Dicerbo, discussed the possi- marijuana, cocaine and heroin. bility of gambling near the Don’t miss out, supplies are North shore, only this time the going quickly.” This was the casino would have been floating lead to the story “Legalizing on the Mon in the form of Drugs...Is It Worth a Try?” by Anthony Carone. He delved into the Riverboat gambling. The pur- opposing sides of the issue on the Eighties leftover “War on pose behind the bill proposed in Drugs,” with the Doves (pro legalization) on one side, and the 1994 by State Representative Hawks (anti-legalization) on the other. While the Hawks cited Frank Gigliotti, D-Allegheny, soaring drug use, higher expenditures to hospitalize addicts, would be to “give Pennsylvania a

SUMMER 2009 | juris magazine | 21 members. That, after all, is ject matter. I believe that genuine mastery of the subject matter the essence of a true profes- requires a major commitment to scholarship in that field. For sional.” those of us who enjoy the privilege of being called ‘professor of – Ke n Go r ml e y , In t e r i m law,’ our students deserve no less.” De a n a n d Pr o f e s s o r –Dr. Jo h n E. Mu r r a y , Jr. Ch a n c e ll o r o f Du q u e s n e o f La w University a n d Pr o f e s s o r o f La w

“My interest in becom- “When I graduated from Nova ing a law professor began Southeastern’s Law Center in 1986, early in my law school I envisioned a career in practice in career when I was invited to Florida. Three years after gradua- write for the law review. tion, when I was considering That experience had a pro- part-time practice to spend more found influence on my time with my young children, I intellectual curiosity about bumped into a law school class- the law. I discovered that mate in Nova’s law library who even a law student’s work told me that Nova was inter- might have some effect on the enhancement of legal doctrine. I viewing for legal research and became a law review editor, but I continued to write. A Ford writing faculty. I was offered Fellowship to the University of Wisconsin allowed me to pursue one of the jobs, and so my S. J. D. and produce a thesis, which formed the basis for sev- began my career in legal eral law review articles. Many articles and books have followed, as education. I was hired by well as, an eleven-year stint as Editor of the Journal of Legal Duquesne Law School in Education. I continued to write and to teach through two law 1993 to fill a one-year vis- school deanships and the presidency of Duquesne University. The iting professor position, most important title I will ever have is ‘professor of law’ which and came to Pittsburgh provides the privilege of teaching law students. One of the critical fully expecting to return elements for highly effective law teaching is a mastery of the sub- to Nova the following

much needed economic boost by pumping millions into the state This article examined “military tribunals through the prism of [Ex economy.” Sound familiar? parte Quirin] concerning the military trial of eight Nazi saboteurs.” Ex parte Quirin was cited frequently by the Bush administration Spring 1997: The cover during the congressional hearings on that administration’s policy story of this issue focused on on terrorism to support their position that military tribunals were the death of Jonny Gamage, to be used to try “any non-citizen whom the President determines who died in police custody after is engaged in international terrorism that threatens the United a struggle involving several States.” While Neugerbauer pointed out the historical relation of Brentwood Police Officers. Ex-parte Quirin to the Bush administration’s policy, he was quick Gamage died of asphyxiation to to note that in writing that opinion for the Supreme Court, Chief the compression of his neck. Justice Stone was careful to limit the Court’s decision to its facts. Lt. Milton Mulholland, Officer Neugerbauer went on to state “If the presidential oath to ‘preserve, John Vojtas and Officer Michael protect and defend the Constitution’ means anything, it must Albert were ordered to stand mean that he has a duty to act with all the constitutional powers at trial for involuntary man- his disposal to prevent future attacks . . . While Congress seeks to slaughter. The piece recounted establish the boundaries of its authority, so too the Bush adminis- the trials, included an in depth tration is clarifying its policy regarding the war on terrorism.” interview with Vojtas’ defense team of James M. Ecker and Alexander Lindsay, and a look at how Christina Horton is a second year law student. She is an Associate proper police training could prevent such incidents in the future. Editor for Juris, a Junior Staff member on the Duquesne Law Review, and a member of the Women's Law Association. Christina received Spring 2002: Following the terrorist attacks on 9/11, this issue her undergraduate degree from West Virginia University and will be of Juris ran an article entitled “Military Tribunals and the War on a summer associate with Burns, White & Hickton, LLC, in Pittsburgh. Terrorism: Does Congress Matter?” written by Greg Neugebauer. She can be reached at [email protected].

22 | juris magazine | SUMMER 2009 year. Instead, I was offered a tenure-track remember wondering how it was that Humphrey position at Duquesne, and at that point expect- knew me and my family. Of course, he didn’t. ed to spend the rest of my working years as a law But he was a politician.” school professor. Things changed again a month – Br u c e Le d e w i t z , Pr o f e s s o r o f La w or so ago, when I was asked to assume the role of Associate Dean. So much for expectations!” – Na n c y Pe r k i n s , As s o c i at e De a n a n d Lara Shipkovitz is a third year law student graduat- Pr o f e s s o r o f La w ing in June. She graduated from the Pennsylvania State University with a B.A. in Communications and a minor in “I had a very specific idea of my future when I graduated English and International Studies. She can be reached at from law school in 1977. It was my intention to run for public [email protected]. office. Teaching was in my mind because it seemed one tenable Amy L. Vanderveen is a third-year law student at Duquesne. In addi- career path that would allow the free time, and facilitate the public tion to pursuing her law degree, Amy is also a candidate of Duquesne’s exposure, that politics required. Before law school I had been active Joint Degree Program and expects to graduate with both her J.D. in politics. I was a radio technician on the staff of George and M.B.A. in June 2009. Amy graduated from The Smeal College McGovern when he ran for President, even for a short time riding of Business at The Pennsylvania State University in 2006 with a on the campaign plane. During law school I was active in mayoral B.S. in Marketing and a minor in Spanish. Amy can be contacted at politics in New Haven, at which time I worked with then State [email protected]. Senator Joe Lieberman and current Congresswoman Rosa DeLauro. When I came to Duquesne I tried to follow this career path. In 1984 I served as Western Pennsylvania Campaign Coordinator for Gary Hart and had a similar role in 1988 for Al Gore. In 1986, with the help of several law school alumni, I did contemplate a State Senate primary campaign. After a few weeks of testing the waters, I gave up the idea. That was the end of my political career. It turned out that I did not actually enjoy campaigning. To be a good politi- cian, one needs to like spending time with strangers and must be able to establish an instant connection with people. That was not the life for me. I remember once going to the office of Hubert Humphrey to record his endorsement of McGovern. When I left, I

Dr. John E. Murray and the Office of the Chancellor congratulates Juris on the occasion of its 40th anniversary and commends the students for their creativity and diligence in producing one of the more important publications of its kind.

SUMMER 2009 | juris magazine | 23 Counseling Organizations Who Extend A Helping Hand

To Others By Edward Preston

For many lawyers, having a nonprofit organization as a client may not seem like the best way to grow a practice. Nonetheless, lawyers can make a fine living representing these organizations while also posi- tively impacting their community. According to Attorney Andrea Geraghty, L ‘83, she never approached the law with an “I’m going to save the world attitude.” Rather, Andrea always “just wanted to do something more, take on more responsibility,” and for her, that meant “embracing the challenges and getting the most out of Duquesne Law’s night program” from which she graduated at the top of her class. Initially, Andrea took a position with a mid-sized Pittsburgh firm where she remained for 14 years, eventually becoming a partner. She decided to leave the firm to take on more responsibility and she formed her own law firm, Geraghty & Associates, which deals exclu- sively in real property law. Even though it wasn’t what she anticipated her career would include back in law school, representing nonprofit organizations from across Western Pennsylvania is an important part of Andrea’s practice. She says “nonprofit organizations must deal with the same every day legal hurdles as any business,” although, the issues are often complicated by special tax laws and other governmental limitations. One of the organizations that Andrea has worked with is Community Options, a national nonprofit organization that provides housing, support services and advocacy assistance to help empower people with mental and physical disabilities. According to Bridget Haney, Regional Vice President for Community Options, her organization helps people with disabilities with “finding employ- ment—complete with job training, supported living—24 hours, seven days a week, and individual assistance that allows people with disabili- ties to live in the community.” Community Options’ homes typically accommodate two to three roommates. Bridget says the staff functions like a family to the client and they help each individual become as independent as possible. Community Options purchased residences throughout Allegheny County and staffed them so that their clients could become part of the community. “We try to locate homes for those we support where they grew up, where they have family or where they choose; but, our final goal is to get our clients back into the community,” notes Bridget. Bridget says Community Options currently has “twelve homes spread across Western Pennsylvania in diverse communities such as Mount Lebanon, Baldwin, Jefferson Hills, Munhall, Churchill, Penn Hills, Shaler, Avalon and McCandless.” Andrea started working with the organization when they began acquiring property regionally because of her firm’s focus on real estate law. Routine transactional real estate work eventually evolved into more sophisticated litigation involving zoning and housing discrimination and real estate taxation, Andrea says.

24 | juris magazine | SUMMER 2009 Andrea represented Community The residents disguised their fears Options in a controversial zoning matter with zoning arguments that ultimately that garnered a lot of public attention. lost. “The neighbors and the Borough It began when residents of Churchill raised arguments under municipal zoning Borough objected to the housing of the laws which restrict residential land use organization’s clients within a residential to ‘single-family dwellings’ and because neighborhood in Churchill, after it had the municipality characterized Community acquired property there. The town Options’ home as a business, it was sup- residents argued Community Options posedly excluded from the single family was running a business out of the home residential neighborhood,” Andrea says. in violation of the ordinance. Community Andrea explains that any zoning case, Options’ variance was denied by the including this one, presents the challenge Churchill Zoning Board. of a delicate balance of advocacy with Andrea found herself representing a sensitivity for neighborhood concerns. client in a major dispute with the Borough. These neighbors did not want to welcome “[We] believed that Community Options Attorney Andrea Geraghty, L ‘83, a house full of people who were formerly was wholly in its rights to purchase the of Geraghty & Associates. institutionalized onto their street, she home and begin integrating Community photo courtesy of Geraghty + Associates recalls. So, Community Options appealed Options’ clients into the neighborhood,” the decision of the Churchill Zoning she said. Andrea explained the residents of the Borough Hearing Board to the trial court, which remanded the matter thought otherwise. back to the Zoning Board so it could consider the Fair Housing Until recently, the state government did what Community Amendments Act (“FHAA”). Options was attempting to do in Western Pennsylvania, organize Congress passed the FHAA in large part to prohibit housing for disabled adults. Up until the mid 1990s, the state housing discrimination against people with disabilities.1 The government dealt with all housing for disabled people who did FHAA has two objectives: first, to secure to people with not live with their families. Andrea remembers that “in the disabilities the right to establish a home free of discrimination Pittsburgh region, that housing and care was provided at insti- in any community they choose; and, second, to integrate people tutions such as the Western Center and Polk Center.” According with handicaps into the mainstream of American life.2 Indeed, to Andrea, when society decided it was “no longer warehousing Andrea recalls that it was the FHAA that in its most simple and institutionalizing those with disabilities in isolated govern- terms told the local community that “you cannot treat these ment owned facilities” and that it was willing to “move toward people differently because they have a disability.” Here, housing, training and employing those with disabilities in the Community Options was eventually able to settle the dispute community,” the state closed the institutions. with the local municipality out of court. The zoning debate in Churchill masked a larger and more The organization’s battles with Western Pennsylvania complicated problem. On one side was Community Options, municipalities did not end here. As municipalities attempted to an organization that filled a void after the state-run institutions test the organization’ tax-exempt status, Andrea argued to the were shut down and worked to support people with disabilities Pennsylvania Supreme Court that Community Options is a to become contributing members of society. On the other side, purely public charity for tax purposes. The ruling in this case were homeowners who feared neighborhood tranquility would had significant effects throughout the Commonwealth as local be jeopardized by the “new neighbors.” The Borough residents communities began to test the tax-exempt status of Community were not contesting the importance of getting people with Options and other similar organizations by way of property disabilities out of institutions. Rather, it was the proposed taxes, for example, Andrea said. solution of community-based housing—in their community— Prior to this Community Options’ case, it was unclear that caused the most concern. “At the time, there was a sense of what the definition was of a purely public charity under disappointment with people being so fearful, but that is reality,” Pennsylvania law. Charitable exemptions are founded in the recalls Andrea, “and, when this issue came up, my work for Pennsylvania Constitution, which allows the General Assembly Community Options was really no different than my work for to create exemptions for purely public charities.3 In 1985, the my for-profit clients and the only major distinction was my Pennsylvania Supreme Court in Hospital Utilization Project v. client’s final goal of really helping another.” Commonwealth (“HUP”) defined a “purely public charity.”4 Despite the growing demand for secure, reasonably priced This is commonly referred to as “the HUP test.” Twelve years housing with a structured environment for disabled adults— later, in 1997, the General Assembly passed the Institutions of the local residents in Churchill were vocally opposed to this Purely Public Charity Act, also known as “Act 55,” which codi- type of housing in their neighborhood. According to Bridget, fied that basic definition established under HUP.5 The confu- “one of the largest obstacles facing our homes was neighbor- sion arose because under Act 55 the legislature rejected certain hood opposition.” The vocal opposition argued that Community judicial interpretations of the HUP test and instituted other Options’ homes posed special threats to neighborhoods, such as interpretations. theirs, because of the alleged dangerous nature of the residents, In litigation, such as the case Andrea argued before the “the possibility of there being drugs, alcohol, and criminals” and Supreme Court, generally, the court performs a five-part test to the lack of proper supervision within the homes, Bridget recalls determine if an organization is a “purely public charity.” In made residents nervous. She says this was based largely on soci- Andrea’s case, the parties agreed Community Options satisfied etal “stereotypes, misconceptions, the stigma of disability and four of these parts. The issue was whether Community Options miscommunication.” relieved the government of some of its burden (e.g., housing

SUMMER 2009 | juris magazine | 25 disabled persons in the community who had previously been might experience as general counsel of an organization. When institutionalized in state run facilities that were now closed). working with nonprofits like Community Options, she says it is Community Options received the majority of its funding from important that the nonprofits recognize that “their organizations government sources, such as Social Security. This was the basis really are businesses and should work as such.” Even though on which the municipality challenged its status as a purely public the nonprofit may have its eye on the final charitable goal, charity. Other similarly situated organizations awaited the Court’s good attorneys can help keep nonprofits on track to meeting decision—one that would determine if these groups would lose their goals. their tax breaks merely because a large source of their funding came from the government. The argument was that receiving Edward Preston is a third year student, graduating in June 2009. He is this government funding destroyed an essential element to interested in all facets of commercial and real property law, both trans- qualify as a purely public charity, which looked to how much the actional and litigation. Upon graduation, Edward looks forward to organization relieved the burden on the government in the practicing with the law firm of Geraghty & Associates, where he has particular service—not how much the government was helping clerked for the past two years. Edward is a 2004 graduate of the the charity. University of Pittsburgh, with degrees in Information-Computer In Community Options, Inc. v. Board of Property Assessment, Science and History. Edward can be reached at [email protected]. the Pennsylvania Supreme Court disagreed with the lower court’s application of the HUP test.6 It found that Community Options qualified as a “purely public charity” under state law. The References Supreme Court noted that there was no “specific threshold level 1 See 42 U.S.C. §§ 3604-3606 and 42 U.S.C. §§ 3610-3614. of private funding” that would satisfy whether the government 2 See Richard B. Simring, Note, The Impact of Federal was relieved of its burden.7 The Court also determined that “were Antidiscrimination Laws on Housing for People with Mental it not for institutions such as [Community Options], the Disabilities, 59 GEO. WASH. L. REV. 413 at 420 (1991). full burden of providing facilities and services for the care of 3 Pa. Const. Art. VIII, § 2(a)(v). individuals diagnosed with mental retardation would rest on the 4 507 Pa. 1, 487 A.2d 1306 (1985). government.”8 et seq Ultimately, under the more flexible precedents,9 the 5 10 P.S. § 371 . tax-exempt status for the properties owned by Community 6 The trial court found Community Options was entitled to an Options was reinstated. exemption under Act 55, even though it did not qualify as a public With the decision in Community Options Inc., the charity under the HUP test. Pennsylvania Supreme Court solidified the ability of nonprofits, 7 Community Options, Inc. v. Board of Property Assessment, 571 Pa. like Community Options, to continue their mission in the com- 672 at 679, 813 A.2d 680 at 684 (Pa. 2002). munity.10 “The implication—the burden—of possibly having to 8 Id. at 679, 813 A.2d at 685. pay property taxes would have made serving our mission nearly 9 The court held that “[a]n entity seeking a statutory exemption for impossible,” says Bridget, “and Andrea’s advocacy was truly taxation must first establish that it is a “purely public charity” priceless for Community Options and similar nonprofits across under … the Pennsylvania Constitution before the question of Pennsylvania.” Andrea acknowledges that there is a satisfaction whether that entity meets the qualifications of a statutory exemp- that comes with knowing that “many nonprofit organizations tion can be reached.” Id. at 679, 813 A.2d at 685. Thus, the court have benefited from this decision.” held that an organization seeking tax-exempt status must first When asked for other examples of her work with Community satisfy the HUP test. Consequently, rather than using the much Options, Andrea says she also consults on employee, general more rigid Act 55 test in determining if an organization is a purely business, insurance, estate and emergency medical issues, “and public charity, the courts must rely on the more flexible precedents point[s] [the organization] towards specialized counsel when for that determination, and use the Act 55 test only to verify that the appropriate.” She welcomes the challenge of working with non- requirements of the exemption statutes have been satisfied. profits and draws comparisons between her work and what one 10 571 Pa. 672, 813 A.2d 680 (Pa. 2002).

Farewell To Dean Guter In March, former law school dean, Donald Guter, announced he was leaving the law school to be the president and dean at South Texas Law School in Houston. Unlike Duquesne, which operates under a traditional university structure including a president, provost and deans, the South Texas College of Law is an independent, stand-alone law school. Guter was dean at Duquesne law school from 2005-2008. During the spring semester Dean Guter taught a course in military law, an area in which he is very familiar. Guter is a retired rear admiral and former chief of the Navy JAG Corps. In a farewell letter to students, Guter wrote: “Although we will be separated by a few miles, we will continue to believe in you and the wisdom of our Law School’s mission. The welfare of the people truly is the highest law. We know you will not accept anything less in all of your endeavors and despite life’s inevitable setbacks.”

26 | juris magazine | SUMMER 2009 Not So Fast! New Allegheny County Foreclosure Program Gives Residents One More Chance to Keep By: Joseph R. Williams Their Homes Before Eviction

In Washington, President Obama and Congress are working Allegheny County’s program could not have come at a on solutions to hopefully help this country collectively survive the better time for local property owners. Currently, there are approx- current financial crisis. In Allegheny County, local leaders are imately 4,000 foreclosures pending in the County. Many experts taking actions to assist residents more immediately. This crisis anticipate that this number will increase in the coming years as has been marked by tragic stories of families losing their homes adjustable rate mortgages and balloon payments become due. all over the country to foreclosure amid job-loss, bank instability The goal of the program is to prevent this from happening. and frozen credit markets. Local residents are not immune to Kimberly Tague, an attorney with Charles, Fenchel and this national disaster. Many here are finding it harder and harder Associates in Pittsburgh, has seen the effects of the foreclosure each month the make their mortgage payments. crisis in her clients’ cases. “Clients who are potential buyers with In response to a rise in foreclosures, the Allegheny County average credit that are looking to refinance or are seeking to attain Court of Common Pleas established a new foreclosure assistance home equity loans for home improvements are finding it almost program to give property owners facing foreclosure the chance to impossible to obtain financing,” Tague explained. “Due to the negotiate with lenders to keep their homes. difficulty in both making payments on existing mortgages and Local residents have been working with officials here for selling real estate that clients own, many of my firm’s estate and nearly a year to find a solution to avoid foreclosure. In July 2008, divorce cases cannot be finalized at this time,” Tague continued. more than 100 members of the Association of Community Tague explained that many people worry that if they are Organizers for Reform Now (“ACORN”), many of whom were financially unable to stay current on their mortgage payments, facing foreclosure, met with Allegheny County Sheriff William they will lose one of their most prized possessions – their home. Mullen and other local officials to tell their stories. The members However, most people do not know that all is not lost when the of ACORN asked for assistance for all families facing foreclosure foreclosure is initially filed, she said. in the County and asked Sheriff Mullen to help create a It is too early to evaluate the success of the program. Local conciliation rule for foreclosures in the county that would keep residents are hopeful that it will have an immediate impact. A families in their homes and modify their loans to affordable similar program was implemented in Philadelphia in June 2008. rates. After months of planning, the local program became offi- To date, Philadelphia’s program has saved approximately 78 per- cial on December 19, 2008, when former Allegheny County cent of the homes facing foreclosure. Further, Pittsburgh Common Pleas President Judge Joseph James signed an Order attorneys are optimistic that this program will have a positive providing that homeowners will be able to get free help from a effect on all types of litigation. “The foreclosure crisis has had a housing counselor to take the necessary steps to prevent the large impact on my divorce practice,” Dana Levine of Pollock Begg home from being foreclosed. The program went into effect on Komar Glasser, LLC in Pittsburgh provided. “When a married January 12, 2009. couple relies on two incomes to make the monthly mortgage pay- The dynamics of the program are simple. Homeowners fac- ments, it is very difficult for either party to maintain the payments ing foreclosure can call a hotline number to speak with a housing on their own once they have separated,” Levine elaborated. “I am counselor. The foreclosure period is halted for 90 days. The coun- confident that the new foreclosure program will give my clients selor will then work with the owner to establish a course of action, the additional time they need to make alternate arrangements and which could include establishing a payment plan, adjusting the prevent the marital residence from being foreclosed.” terms of the mortgage or filing for bankruptcy. Once the home- owner determines his/her best course of action, a conference is Editor’s Note: Allegheny County residents wishing to take scheduled before the Court of Common Pleas. At this conference, advantage of this program can call the “Save Your Home Hotline” the homeowner and the respective lender will attempt to reach an toll-free at 1-800-298-8020. agreement. Ultimately, however, a Judge will determine whether the property will be subject to foreclosure. The goal of the Joseph Williams is a third year student, graduating in June 2009. He program is to prevent the property from reaching the point of a plans to focus his practice in family law and civil litigation. Joseph Sheriff’s Sale. Once it has reached that point, it is often too late. received his undergraduate degree cum laude from Bethany College. Joseph can be reached at [email protected].

SUMMER 2009 | juris magazine | 27 It Isn’t Easy Being Green...... that is, unless you are a law firm cleaning up the environment while attracting new clients

By Rebecca Yanos

The American Bar Association (ABA) estimates that a single The ABA has implemented a Climate Challenge program lawyer uses about 100,000 sheets of printer and copier paper per designed to promote energy conservation and resources in law year. This figure equals about a half-ton of paper.1 Multiply this firms. The ABA partnered with the Environmental Protection number by the hundreds of thousands of lawyers across the Agency (EPA) to execute a program urging law firms to take country and you have an astronomical figure. practical and necessary steps towards a “greener workplace.”4 In Thus, it seems appropriate that the ABA has begun an initia- order to participate in the ABA Climate Challenge, the firm, tive to encourage firms to “go green.” Many law firms have regardless of size or location, simply has to fill out the Climate embraced innovative methods of being environmentally con- Challenge Enrollment Form found on the ABA’s website. The scious. This is because “going green” is not only good for the ABA Climate Challenge outlines simple steps for firms to take in environment, but it is also extremely important to a firm’s image order to become sustainable and to protect the environment.5 and client base. Due to the recent economic downturn, it has become increas- So what exactly does it mean for a law firm to “go green?” ingly important for law firms to establish green programs that “Going green” combines a variety of environmentally friendly enable them to cut expenses while also promoting corporate practices in the workplace that significantly reduce a firm’s social responsibility. West Coast law firms are leading the green impact upon the environment. It is the newest way for a law firm movement. Several San Francisco area firms have gone “green,” to attract prospective clients while cutting costs at the same time. with one firm adopting the slogan “legally green.” Many of these With more and more clients becoming concerned with the envi- firms have established “Green Task Forces” that manage ronment, it is crucial for firms to reflect the same values as their programs to recycle paper, batteries, computers, supplies and clients. In “going green” a firm has a “leg-up in the decision- furniture, in addition to other initiatives.6 making to hire.” 2 Local Western Pennsylvania firms have gone green as well. There are endless behaviors that law firms can alter in order Efforts to “clean up” their practices have been made by firms to become greener. Many of these changes cost little or no money such as Reed Smith, LLP, K&L Gates, and Babst Calland Clements to implement. Some of these mechanisms include: and Zomnir, P.C. These local efforts include having a large n Printing on both sides of paper instead of only one side environmental law client base, setting green travel agendas, and and using print preview to ensure accurate printing the first time and updating technology; n Using laptops instead of desktops; avoiding screensavers; n Turning off or putting a computer into sleep mode when it is not being used, or re-setting the power setting on current computers; n Telecommuting – enabling secure remote access to office networks can save employees commuting into work on a daily basis; n Implementing car pooling groups, or encouraging employees to use public transportation; n Sending rejection letters to prospective hires via e-mail instead of regular mail; n Using regular cups/mugs and silverware as opposed to Styrofoam or plastic disposal dishes and bottled water; n Ensuring that every employee has a recycling bin at his or her desk; n Participating in the ABA Law Office Climate Challenge.3

28 | juris magazine | SUMMER 2009 cutting out printed brochures and pamphlets by The Green Building Alliance (GBA), a non- putting information online instead.7 profit organization located in Pittsburgh, helps It is probably just a matter of time until Western Pennsylvania businesses to “go green.” more local firms “go green.” Overall, the Western The GBA works with all types of buildings and Pennsylvania region ranks quite high among businesses, including offices, retail stores, the U.S. Green Building Council’s Leadership schools, hospitals and homes.11 According to a in Energy and Environmental Design (LEED) GBA spokesperson, Aurora Sharrard, the first building ranking system.8 LEED was created by step in helping an office to “go green” comes the U.S. Green Building Council, and it provides with internal operations. Typically, if a business standards for environmentally sustainable con- contacts the GBA about “greening,” the GBA struction. The LEED rating system has become a figures out what practices the office is already using widely accepted method for evaluating just how green a to help the environment. Moreover, Ms. Sharrard explains building is. The rating system takes six criteria into consideration it is important that the ideas come from the workers themselves when determining if a building meets the necessary require- and not through management based mandates. If the employees ments. These categories include: sustainable site, water efficiency, are interested in making the office greener, the programs are energy and atmosphere, materials and resources, indoor envi- much more likely to be successful in the future. ronmental quality, and innovation and design process.9 Notably, Ms. Sharrard explains that while there are many shades Pittsburgh ranked fifth in the nation for the number of LEED of green, a wonderful starting place is to implement green certified buildings and tenth in the nation for square footage of principles into a business’s mission statement so all employees LEED certified buildings.10 can embrace the transformation. Additionally, Ms. Sharrard Duquesne School of Law has implemented some “green” explains that a socially equitable workplace (equitable work measures over years, but, according to some, the school not kept places provide various employee amenities such as on site day pace with the rest of the city. The school currently has recycling care), is a large part of what it means to “go green.” bins for paper in the library and by the student lockers, and plas- Finally, the GBA says the most important part of “going tic bottle recycling bins in the student lounge, as well, it recently green” is the outward commitment and overall message of the modified its toilets to ones with a two-way flush system aimed at business. After all, it is the bottom line commitment of a business using less water. Insiders say there is still a far way for the law organization to “go green” which facilitates the visible programs school to go to meet more current “green” standards. “Without and changes made in order to protect the environment. As New getting radical, the law school itself is missing opportunities, York Times columnist Thomas Friedman said, “Green is the new such as eliminating much of the paper use through electronic red, white and blue.”12 documents, setting printers and copy machines for double-sided copying, providing sufficient paper recycling bins everywhere Rebecca Yanos is a third-year evening division student, graduat- there is a mail tray, photocopier or printer, and giving house- ing in June 2010. She is currently a law clerk at Zimmer Kunz, a firm keeping the time and equipment to keep recycled paper separate based in Pittsburgh. Rebecca received her undergraduate degree from from trash,” said Professor Kirk Junker. “In addition, we should the University of Delaware in United States History and Sociology. be turning lights, computers, computer monitors and tv screens She was recently selected to serve as a Research Editor for the off when not in use, and insist that the HVAC work properly so Duquesne Law Review for Vol. 48, 2009-2010. Rebecca can be reached that folks don’t need to wear sweaters in summer,” he added. at [email protected].

References 1 Charles Toutant, “Law Firms Going Green to get Green.” 6 “The ABA-EPA Law Office Climate Challenge.” www.law.com/tech. Last visited February 2, 2009. www.abanet.org/environ/climatechallenge/home.shtml. Last visited February 16, 2009. 2 “Law Firms Going Green to Attract More Corporate Clients.” www.sustainablelifemedia.com/content/story/strategy/law_ 7 Susan L. Ward “Green Law Firms Are Where It’s At.” firms_going_green_to_attract_more_corpoorporate_clients. www.law.com/tech. Last visited on February 2, 2009. Last visited February 16, 2009. 8 www.bccz.com. www.btnoneline.com/businesstravelnews. 3 Dennis Kennedy, “Go Green, Save Green.” www.abajournal. http://texaslawyer.typepad.com/texas_lawyer_blog/2009/01/ com/magazine/go_green_save_green. kl-gates-recruits-by-going-green.html. 4 Martha Neil, “Law Firms Going ‘Green’ is Easy, and a 9 green Building Alliance. www.gbapgh.org. Last visited Client-Pleaser.” www.abajournal.com/news/law_firms_firms_ February 17, 2009. find_going_green_is_easy_and_a_client_pleaser. All of the 10 Leadership in Energy and Environmental Design. various ways for firms to “go green” were supplied by “Go http://en.wikipedia.org/wiki/Leadership_in_Energy_and_ Green, Save Green” and “Law Firms Going ‘Green’ is Easy, Environmental_Design. Last visited on February 17, 2009. and a Client-Pleaser. Last visited February 2, 2009. 11 Green Building Alliance LEED Benchmark Data, July 2008. 5 “FYI: Going Green.” www.abanet.org/tech/ltrc/fyidocs/ gogreen.html. Last visited February 2, 2009. 12 Green Building Alliance. www.gbapgh.org. Last visited February 17, 2009.

SUMMER 2009 | juris magazine | 29 Childhood Obesity: The Newest Form of

Child Abuse?By Amy Keiser

When an eleven-year old tipped the scales at 400 pounds, earlier this year, the Dauphin County Children and Youth Services removed him from his home. The boy’s rapid weight gain from overeating and physical inactivity was the result of parental neglect, according to social services. This summer the agency met with his mother to discuss her ability to supervise him and implement lifestyle changes for her son. As adults throughout this country struggle with “the battle of the bulge,” raising a morbidly obese child is rapidly becom- ing the topic of civil litigation and has caused the state to take action in extreme cases where this physical condition has been likened to a form of child abuse, and state agencies have removed such children from their homes. The Northumberland County Court of Common Pleas recently adjudicated a case involving a morbidly obese minor (hereinafter “D.K.”). The court determined D.K. was to remain in the custody of Children and Youth Services (hereinafter “CYS”) because D.K.’s mother, who is also morbidly obese, was unable to provide the necessary medical care for D.K.’s health problems.1 The sixteen-year old, 451 pound boy had to have a medical evaluation in the course of the legal proceedings. According to his evaluation at Pediatric Gastroenterology Department of Geisinger Medical Center, D.K.’s medical prob- lems had reached a “life threatening situation.” Following the evaluation D.K. was diagnosed as morbidly obese and had to be admitted to the hospital for care.2 D.K.’s mother voluntarily released D.K. to the custody of CYS pursuant to an entrustment agreement. This proved beneficial. After being placed in foster care, D.K.’s health improved because of a supervised diet and physical activity directives. D.K. lost approximately fifty pounds in three months. After this initial improvement, D.K. expressed a desire to return home to his mother. A board certified pediatric nutri- tionist testified regarding the mother’s ability to provide a healthy home for a still-recovering D.K. This expert said he did not believe the mother, limited by her own obesity, would provide the necessary support the minor required to avoid returning to his unhealthy ways. The nutritionist testified that if D.K. were to return to his old habits, he would not live beyond his thirties and would be plagued by physical problems including liver and heart disease, diabetes, and sleep apnea if he did not continue to get healthy.3

30 | juris magazine | SUMMER 2009 The court looked to the statutes governing dependency to child was considered an acceptable form of punishment. After hav- determine D.K.’s permanent status. In Pennsylvania, a “depen- ing been played out in the court of public opinion, it is arguably dent child” is a child who “is without proper parental care of now the general view that consistently striking a child is considered control, subsistence, education as required by law, or other care abuse. Classifying parenting that allows one’s child to become or control necessary for his physical, mental, or emotional severely overweight as “neglectful” may push the parameters of our health, or morals.”4 In rendering its decision to permanently traditional view of child abuse. In this instance, the abuse is what remove D.K. from his mother’s custody the court reasoned, is denied to a child—as in proper nutrition and adequate physical activity—rather than an overt act. Some might argue, however, the If a child does not receive necessary medical care for a availability of large amounts of unhealthy food, which enables a health problem, there is usually no difficulty in a court child to become obese, is an overt act, rather than a failure to act. making a finding of dependency, and especially in the situation where a child was malnourished to the point Pennsylvania law defines “child abuse” to include any of the of near starvation. Commonwealth v. Cottam, 616 following: A.2d 988 (1992). This situation here is on the other (i) Any recent act or failure to act by a perpetrator which end of the nourishment spectrum, but is no less dan- causes nonaccidental serious physical injury to a child gerous to the child’s physical and mental well-being. under 18 years or age. In light of the medical testimony presented as to the (ii) Any act or failure to act by a perpetrator which causes present physical condition of the minor, this court nonaccidental serious mental injury to or finds that CYS has established by clear and convincing sexual abuse or sexual exploitation of a child under 18 evidence that he is a dependent child at this time.5 years of age. (iii) Any recent act, failure to act or series of such acts or fail- The court emphasized that the mother’s own health ures to act by a perpetrator which creates an imminent problems, and her corresponding inability to properly care for risk of serious physical injury to or sexual abuse or sex- her son’s health, were central to the decision to declare the ual exploitation of a child under 18 years of age. minor dependent: (iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure [T]he mother here does not have the natural to provide essentials of life, including adequate medical abilities typical of any parent, as she is limited by her care, which endangers a child’s life or development or own extreme obesity. Her own problems interfere impairs the child’s functioning.9 with her ability to meet the special needs of her son. She is homebound, and this prevented her from even If specific mandated changes in the food industry or perfor- attending her son’s medical appointments, so as to be mance-based regulation do not begin to reduce the incidence of fully advised as to the seriousness of his condition. childhood obesity, more court intervention may be necessary. Since she did not go to the hospital during his six days Parents that allow their children to overeat and remain inactive as an inpatient there, it is unlikely that she fully may find themselves labeled “child abusers” as society deems this appreciates her son’s situation at his time. Despite his behavior unacceptable. obesity from the age of 3, and his weight gain of over 100 pounds in the past year, there is no evidence that Amy Keiser is a third year day student. She received her B.A. in finance she did anything to address his problem. She never from James Madison University, and after graduating in June she plans to took him to a dietician or other specialist… practice in Harrisburg. She can be reached at [email protected]. She has been unable to maintain her own health by addressing her own obesity problem, and therefore it is highly unlikely that she will now be able to do so with regard to her son’s identical problem.6 References As childhood obesity emerges as a serious medical 1 In re D.K., 58 Pa. D. & C. 4th 353 (Pa.Com.Pl. 2002). problem in this country, it has sparked a debate that allowing a 2 Id. at 355. child to become obese is tantamount to child abuse. Courts and 3 Id. at 356. children’s and youth services have already begun to step in. Claimants may also seek resolution to the child obesity prob- 4 42 Pa. C.S. §6302(1). lem through litigation with the food industry. Causes of 5 In Re D.K., 58 Pa. D. & C. 4th at 358. 7 action may be based in negligence or products liability. 6 Id. at 359 – 360. Another alternative is regulatory intervention in which the government orders specific changes in the behavior of food 7 Samuel J. Romero, Obesity Liability: A Supersized Problem or a Small Fry in the Inevitable Development of Product Liability companies and school officials. One particular type of , 7 Chap L. Rev. 239, 277 (Spring 2004). intervention, performance-based regulation, assigns large firms selling food and drinks high in sugar or fat the responsi- 8 Stephen D. Sugarman & Nirit Sandman, Fighting Obesity bility of reducing obesity in specific pools of children.8 Through Performance-Based Regulation of the Food Industry, 56 Duke L.J. 1403, 1409 - 1410 (2007). Over the course of time what was considered accepted parenting or child-rearing has changed. Not long ago, hitting a 9 23 Pa. C.S.A. §6303(b)(1).

SUMMER 2009 | juris magazine | 31 To Vaccinate or Not to Vaccinate, That is the Question By Vivian Taylor

One in every 150 children is diagnosed on the autism spec- As of its August 1997 revision, the Code provides an trum, three out of four of those diagnosed are boys. Medical exemption from immunizations for medical or religious rea- science has not yet found the cause of this mysterious disorder. sons. Under the religious grounds exemption, Pennsylvania There are countless theories as to the cause of autism in its vari- allows an exemption on the basis of a strong moral or ethical ous forms – one that has made headlines recently is the correla- conviction similar to a religious belief7. If a parent believes tion between vaccines given shortly after birth and the disorder. there is a connection between autism and vaccinations, they This belief has become so strong that some parents are choosing may waive the vaccinations under this religious exemption. not to vaccinate their children or stagger the shots (rather than Various websites have been launched with the purpose of all at once)—perhaps hoping the chance is more remote their informing parents of the facts surrounding this debate, infant will get some all-but-wiped-out disease, than wind up connecting autism and childhood vaccinations.8 Even diagnosed on the spectrum down the road. Hollywood celebrities have joined in the debate.9 As of January “I do not believe that [childhood] vaccinations alone 2009, there are twenty states that allow parents to choose not cause autism1,” says Attorney Kim Pharr-Moses (L’94). Ms. to vaccinate their children based on some form of religious or Moses’ six-year old son, Thurgood, was diagnosed on the philosophical belief.10 autism-spectrum at three-years old. She contends that some Many parents, including Ms. Laurin, found the decision children are genetically predisposed to develop autism and that not to vaccinate a difficult one. Like any parent, Ms. Laurin this predisposition in conjunction with vaccinations leads to fears that her decision not to vaccinate increases her children’s the disorder. Because Thurgood was diagnosed at a young age, chances of infection. For this reason, Ms. Laurin must closely his prospects for a relatively “typical” life are good. With a monitor what food her family eats and must maintain her supportive family and dedicated service providers, he is home to be environmentally toxic-free. Ms. Laurin also says expected to excel academically and socially. Ms. Moses firmly there are not enough official studies conducted addressing the believes that the vaccinations children receive in infancy link between vaccinations and autism and also a link to other strongly correlate to the onset of autism. However, despite this rising childhood diseases. belief, she continues to vaccinate both her sons as recom- Several experts say there is no link between autism and mended by their pediatrician. Her younger son, Langston, has vaccinations. Even after the removal of thimerosal, a mercury- not been diagnosed on the spectrum. based preservative, from the vaccine, autism has continued to Unlike Ms. Moses, Attorney Julia Laurin decided not to rise.11 With a trend—albeit a minority one—towards not have her children vaccinated; she waived out of vaccination vaccinating, long-forgotten diseases have begun to surface. The requirements by signing a statement objection based on Center for Disease Control and Prevention has reported an her own deep philosophical convictions. She believes there is increase in measles among unvaccinated children.12 a connection between certain childhood vaccinations and the An unvaccinated population does not just threaten young autism spectrum. children. Recent outbreaks of meningitis13 have caused alarm This begs the question – are these convictions worth the in some college communities, as the disease can kill a student risk of exposing a child to a potentially lethal disease? in twenty-four hours, and is spread easily among those living The Pennsylvania Code lays out certain requirements in dormitories, who may be susceptible if they were never for vaccinating children from kindergarten through seventh vaccinated.14 Pennsylvania now requires any student living in grade.2 This law was designed to insure school children a dormitory in the Commonwealth to receive a one-time are protected against diseases that can quickly spread in schools vaccination against meningococcal meningitis. Governor Ed and “may interrupt school life and learning.”3 These regula- Rendell signed the College and University Student Vaccination tions govern all public, private and parochial schools Act of 2002, which states that any institution of higher learning in the Commonwealth, including special education and shall prevent a student from residing in a dormitory unless the home education programs.4 The Code specifies the type of student received the one-time vaccination. In 2003, Penn State immunization and quantity of the dosage required by age denied access to dormitories for about 300 students because group.5 A detailed recommended immunization schedule for they were not vaccinated against meningitis, as required by the children in the United States is also provided on the new law.15 Federal website.6

32 | juris magazine | SUMMER 2009 Other states have similar requirements for college students.16 provided the right to waive the otherwise legally required Capricia Williams, a 2004 graduate of Howard University in vaccines because of their beliefs. More importantly, if it is so Washington, D.C., remembers she was not allowed to complete simple for a parent or student to obtain a waiver—is the legis- her registration in 2002 because she had not received clearance lature really fulfilling its intended purpose and protecting chil- from the health department for a mandatory tuberculosis test. dren against communicable diseases that threaten to disrupt She was given information about the meningitis vaccine and was school, learning and potentially become fatal to the person, or told it was optional. Ms. Williams, a dormitory resident during those around them. Statistically, more children are being diag- her years at Howard, said the one-time meningitis vaccine is a nosed on the autism spectrum today—whether this is because simple shot. “I received both vaccinations because it was required the disorder has become easier to identify and better under- at school. I believe if you are going to attend school, then you stood, or because of some other environmental triggers, no one need to be vaccinated.” She said in her last year Hepatitis vaccines can say for sure—however, despite trendy conspiracy theories, became mandatory as well, in addition to tuberculous and the there is no proven and accepted scientific link between the recommended meningitis vaccine. spectrum and vaccinations. In the meantime, some parents The University of Pennsylvania provides a form entitled have bought into the hype and not vaccinated their children— “Information about Meningococcal Disease and Waiver Form.” this has brought the return of several childhood diseases— The bold italicized paragraph tells the students that the vaccina- many of which we have only ever heard of from parents or tion is required, followed by an equally bolded and italicized grandparents, and never thought we would see in modern soci- paragraph telling the students of the waiver, which is then fol- ety again. Parents and young adults—leery of the side effects of lowed by the signature block. 17 vaccinating, as well as what the shots are to be protecting them Braulio Sanchez, a second-year law student at Duquesne, or their children against—want assurances that the benefits to remembers that when he attended Brigham Young University vaccinating outweigh the potential negatives, before they (BYU), as an international student from Mexico, he was told of inject what they believe to be harmful in their body. the requirement, but there was no follow up. Mr. Sanchez lived in the dormitories for his freshman year in the United States. Vivian Brand Taylor is a second year student graduating in 2010. She However, he was not concerned as he had received and was up- has an interest in working in community redevelopment, specifically to-date on his childhood vaccinations in Mexico. A couple with non-profit organizations. She holds an MBA and BSBA from the years later his sister joined him at BYU, they lived together in an University of Phoenix, AZ, with a professional background that apartment off campus, which meant there were no vaccine includes Administrative Management, Human Resources, Architecture, requirements placed on her enrollment. and Engineering. Vivian can be reached at [email protected]. Questions remain about the efficacy of vaccines if an unknown amount of infants, children and young adults are

References 1 Autism is a brain development disorder that is known by a 9 Rosemary Black, Jenny McCarthy and Amanda Peet Duke it out range of symptoms of restricted and repetitive behavior, over Childhood Vaccines and Autism, New York Daily News along with impaired social interaction and communication (Sept. 30, 2008). skills. It is sometimes called autism spectrum disorder. 10 national Conference of State Legislatures website: These signs begin in children before the age of 3. http://www.ncsl.org/programs/health/SchoolExempLawsChart.htm. 2 28 Pa. Admin. Code §§ 23.80 – 23.87 (Westlaw Current 11 Vaccines And Autism: Many Hypotheses, But No Correlation through Supp. 410 January 2009). Found ScienceDaily (Feb. 1, 2009) — http://www.sciencedaily. 3 28 Pa. Admin. Code § 23.81. com/releases/2009/01/090130093407.htm. 4 28 Pa. Admin. Code § 23.83. 12 Center for Disease Control and Prevention, http://www.cdc.gov/ 5 Id. mmwr/preview/mmwrhtml/mm5733a1.htm. 6 http://www.cdc.gov/vaccines/recs/schedules/ 13 Meningitis is an inflammation of the membranes covering the child-schedule.htm. brain and spinal cord, known as the meninges. It is caused by infection from viruses, bacteria, or other diseases and 7 28 Pa. Admin. Code § 23.84(b). potentially life threatening because it is so close to the brain. 8 A suggested script that one parent used is: “I, [parent], 14 Center for Disease Control and Prevention, http://www.cdc.gov/ being the legal guardian of [child], objects to the immu- mmwr/preview/mmwrhtml/00000581.htm. nization requirements as outlines by the Department of Health of the Commonwealth of Pennsylvania as defined 15 http://media.www.bgnews/media/storage/paper883/ in 28 PA Code Ch. 23 on the basis of a strong moral or news/2003/01/15/World/Penn-State.Locks.Out.Students.Lacking. ethical conviction similar to a religious belief as outlined Vaccinations-1288145.shtml. in section 23.84: Exemption from Immunization.” 16 Id. 17 University of Pittsburgh, Student Health Service Department.

SUMMER 2009 | juris magazine | 33 When the IRS Comes Knocking, When Your Small Business is Scammed by a Broker Turn to the Clinics at Duquesne By Paula Dillie

Housed in the Duquesne University School of Law are two Students in the Law School can gain valuable hands-on unassuming programs that help those in the community that experience if they enroll in the Tax Practicum’s one semester, may need it the most. three credit hour course. The students are approved to practice The current financial state of the country seems bleak for before the Tax Court, but most of the experience gained is from most Americans, but some individuals need more immediate direct contact with the clients and IRS personnel and IRS coun- help than others. Imagine being a single mother who is being sel. The students learn to prepare documentation such as pen- told by the Internal Revenue Service (IRS) that any income she alty abatement requests and audit reconsideration requests. To has will be levied upon unless and until she pays her tax liabil- aid the students, supervising attorneys are available. These are ity with penalties and interest in 30 days. She has no funds with attorneys in the local area that have tax expertise and have dealt which to pay the IRS. Imagine being a senior citizen who is with the IRS in the past. The Duquesne University student being told that the money he entrusted to a financial advisor is representatives are extremely successful in their assistance completely gone. He has no funds to rely upon for retirement. to taxpayers. Who do you turn to when you cannot afford legal counsel? The Another source of relief for those in the community is the Income Tax Practicum and the Securities Arbitration Practicum Securities Arbitration Practicum. This clinic offers free legal in the law school can help many of these individuals, and the assistance to small investors who cannot afford legal assistance. help starts almost immediately. The dispute must be less than $50,000 and household income The Income Tax Practicum provides free legal assistance to cannot exceed $75,000. Preference is given to Pennsylvania qualified taxpayers who are involved in a controversy with the residents, but clients have been from other states including IRS. The amount of the tax liability must be below $50,000 per Texas, California, Virginia, and Florida. Disputes handled by tax year. As the time passes, while the taxpayer is trying to find this Practicum stem from suspected wrongdoing on the part help and is unable to afford private counsel, the penalties and of broker-dealers. This includes mishandling of funds, which interest are stacking up. The problem is exacerbated because may include unauthorized trades, churning, misrepresentation, the taxpayer often is notified that she owes from a couple of and unsuitability. years prior. Many taxpayers fill out tax forms each year in the The students in the Securities Practicum investigate these same way they did it the prior year. By the time the IRS notifies claims and are involved in every step of the dispute resolution many taxpayers, the mistakes they made in the controversy year process. The student is responsible for development of the case, have been unknowingly repeated, resulting in substantial pen- which includes conducting client interviews, preparing and fil- alties and interest. This is often the case even where the tax- ing the Statement of Claim and the applicable complaint forms. payer has used a service to prepare his/her taxes. The students participate in FINRA pre-trial conferences, Most of the clients that the Tax Practicum has helped are motions, and proceedings, and any court proceeding. Students individuals who do not have disposable income or alternate may also be called upon to represent the investors in state sources of income. Most do not have savings on which to rely and federal proceedings. in emergency situations. A change in their take-home pay due Students gain hands-on experience throughout the aca- to wage garnishments can be devastating. Fortunately, the stu- demic year in this two clinical and one academic credit hour dents in the Practicum can relieve the burden on the troubled program. Seminars are conducted by faculty, private practitio- taxpayers. In the most extreme cases, the students can request ners, and SEC attorneys. As with the Tax Practicum, supervis- that the taxpayer be placed in “currently not collectible” status. ing attorneys are available for consultation with the students This does not relieve the debt owed to the IRS, but any levies or and clients. The supervising attorneys are Sandy Garfinkel, of garnishments can be lifted. In the less extreme cases involving Eckert Seamans Cherin and Mellott, and Scott Lane, the Deputy tax credits or exemptions, the students can determine the tax- Chief Counsel of the Pennsylvania Securities Commission. payer’s eligibility for the credits or exemptions. Often, the tax- The Securities Arbitration Practicum collaborated with other payer needs assistance in obtaining the necessary documenta- graduate programs at Duquesne University to present “Ethics, tion for eligibility. Each of the students represents a taxpayer in Regulation and Risk Management: A New Paradigm for the the United States Tax Court. The student is responsible for Financial Services Industry” on April 21. This symposium preparing the case for court and working with the IRS counsel discussed the future directions in the financial services industry to resolve the matter. in these times of uncertainty. Since 2001, the Securities

34 | juris magazine | SUMMER 2009 Practicum has recovered over $300,000 for investors. In the fall of 2008, the students of the Securities Arbitration Practicum won the largest settlement in the history of the Securities The following students participated in the Practicum, $42,000.00. Securities Arbitration Practicum in the Both of the in-house Practicums are under the direction of Professor Alice Stewart. She has a history of successful clinic Fall Semester of 2008 and helped win the management. She created the Civil Justice Clinic at Duquesne largest settlement for their clients in the University School of Law in order to provide legal services related to Juvenile Court Practice and Family Law Court Practicum’s history, $42,000. Practice. In 1998, Professor Stewart obtained one of the first Mike Ihrig chose the Securities Arbitration Practicum sixteen grants to law schools from the U.S. Department of this year to pursue his interest in corporate law. Treasury to help fund the Low-Income Tax Practicum. The Low “The very first day of class my partner and I received Income Tax Practicum has been awarded over $700,000 since a client and a case file. To our surprise, the case was its inception. In 2001, she started the Securities Arbitration ongoing and there was a pending mediation in less than Practicum, one of only five in the country at the time. Professor 2 months. At first this was a bit unnerving, but with the Stewart also receives underwriting support of $50,000 per year help of Professor Stewart and our two supervising from the Pennsylvania Securities Commission with over attorneys, Scott Lane and Sandy Garfinkel, my partner, $250,000 awarded to date. Nick, and I drafted a pre-mediation statement and Today’s headlines are dominated by the country’s financial prepared vigorously for the mediation.” woes. The imperiled housing market and extensive corporate Unfortunately, we were unable to attend the mediation cutbacks will cause many taxpayers to seek out the free legal in person, so we settled for attending via a conference call. assistance available at the Income Tax Practicum. The current This, however, did not take away at all from the experience. state of the market and the recent high profile cases of financial The mediation lasted the full day, and we eventually reached investor scams makes it likely that the number of small inves- a settlement agreement. The mediation was both rewarding tors seeking help from the Securities Practicum will also and educational. It was by far my biggest accomplishment increase. In the tradition of Duquesne’s clinical programs, stu- while I have been in law school. That day was representative dents should take the opportunity to enhance their resumes of why I went to law school. Hearing our client’s gratitude through the service of others. for our services gave me all the reassurances that I needed that law was the right path for me. Paula Dillie is a third year student, graduating from Duquesne I would highly recommend this program to anyone at University School of Law in June. She received a Bachelor of Arts in the law school, including people who are not considering English Literature and Sociology from Washington & Jefferson taking a clinic. It gives you a chance to step away from College. Paula also graduated cum laude from the University of Texas the grind of reading textbooks and actually interact with at Arlington with a B.S. in biology and chemistry with a forensics a client.” option. She is a former treasurer of the Animal Law Society and a Third-year, day student Nicholas Bell also partici- current member of both the Women’s Law Association and the pated in the Securities Arbitration Practicum in the Fall Corporate Law Society. Paula can be reached at [email protected]. Semester. “Participating in the [Practicum] has provided me with the most real world legal experience since enrolling in the Law School. In the fall of 2008, my partner and I were responsible for the representation of a client and his FINRA claim against a broker. We were given full access to the client’s file and were in charge of drafting a statement to be presented on our client’s behalf during mediation. The mediation statement contained the relevant facts of the case, as well as the legal argument for the various claims asserted against the broker. During mediation, my partner and I actively represented the interests of our client in discussions before the mediator and opposing council. The entire mediation experience gave me a compre- On the left is professor Alice L. Stewart, director of the tax hensive understanding of attorney/client communication. and securities practicums. On the right is Sandy Garfinkel of It was also comforting to have several knowledgeable and Eckert Seamans Cherin & Mellott, supervising attorney for the respected attorneys as advisers during the mediation to securities practicum. This photo was taken during class for help lead our team in the right direction. I would highly the securities practicum. recommend this practicum to any law student looking for Photo courtesy of: Pittsburgh Post-gazette an exceptional and constructive legal experience in an academic setting.”

SUMMER 2009 | juris magazine | 35 Congratulations to Rebecca Yanos Juris would like to congratulate its own Rebecca Yanos. Rebecca participated in the National Animal Law Moot Court Competition at Harvard Law Adrienne Sadosky, fourth-year part-time day student, School in February. She tied was sworn in to the Navy Judge Advocate General Corps for the “best oral advocate” (JAG) by retired Rear Admiral General and former Dean distinction and was recognized Donald J. Guter. as the runner-up in this cate- Other graduating students that also received a commis- gory, based on the total overall Rebecca Yanos score, which included the brief. sion for Navy JAG include: Monique Dessaso, Margaret Way to go Rebecca! Villigran, and Denise Romeo, all third-year day students. Students that applied to other branches of JAG are still awaiting decision.

36 | juris magazine | SUMMER 2009 Laws to Live By? By Elizabeth Spadafore and Jennifer N. McDonough

True story: a girl walks into a tattoo parlor in Virginia to get a tattoo on her foot and is turned down because she is told it is against the law. As it turns out, it is not against the law in Virginia to tattoo your feet. However, hearing this story got us thinking about what bizarre laws may or may not exist in Pennsylvania. In our research, we stumbled upon some hilarious Pennsylvania “laws.” For instance, it is said that it is illegal to sleep on top of a refrigerator. Yes, you read that correctly. As tempted as you may become to take a nap on your refrigerator, you are apparently breaking the law.1 As a warning to those who loathe housework, somewhere in this state it is apparently illegal for housewives to hide dirt and dust under a rug in a dwelling place.1 This law makes us wonder exactly what state interest exists in this kind of legisla- tion and also about enforceability. But wait, there is more. For the rural residents of the state, did you know that when medical office/clinic.3 driving on a country road at night, a motorist must stop every We thought this was very mile, send up a rocket signal, and wait ten minutes for any important to mention to our and all livestock to clear before proceeding?1 This becomes law-abiding readers especially here in complicated however, since we also found a law stating that Pittsburgh, since UPMC basically owns the city, establishments in Pennsylvania selling fireworks are not allowed and it is fairly difficult to find any one hundred foot area without to let Pennsylvania residents purchase any.1 So, although we are a hospital or clinic in it. still researching where to obtain the rockets we will need to If these laws make you feel discouraged about our state’s clear any livestock from country roads, we do know that if you decisions legislatively, it may comfort you to know that every have a dinner party to attend in the country, you should prob- state that we came across in our research has laws that would ably give yourself a significant amount of time to get there. fall into the “bizarre” category. If you are ever riding a train in Finally, a law to get everyone thinking: all fire hydrants Texas, you will have time to think about this, since we have must be checked one hour before all fires.1 We are still trying to heard that according to Texas law, two trains traveling in oppo- figure this one out logistically. But, at least we know the fire site directions must both come to a complete stop, and neither hydrants in Pennsylvania are going to be functioning in the can move until the other is out of sight.4 event of any completely foreseen fire.1 Unfortunately, we were unable to substantiate the true Elizabeth Spadafore is a third-year, evening division student, existence of any of the above “laws” on any official books. graduating in June of 2010. Elizabeth is a professional modern However, in our search we stumbled upon some seriously dancer who has performed locally with the Pittsburgh Opera and questionable existing laws in our very own City of Pittsburgh Attack Theatre. Code. Below are the highlights: Every corporation or person owning a public building must Jennifer N. McDonough is a third-year law student, graduating in have a sign somewhere in plain sight stating the prohibition of June 2009. Jennifer earned her Master in Education degree from the spitting and the punishment for violation of this law.2 How University of Maryland magna cum laude, and hopes to incorporate exactly that can be enforced is questionable, but we wanted our it into her career as an attorney. Jennifer can be reached at readers to know that if you happen to be walking down the street [email protected]. and have the urge, refrain! Further, if you see a fellow citizen in the act of spitting, a citizen’s arrest may be in order. References Finally, something to keep in mind around hospitals: no person shall knowingly approach another person within eight 1 http://www.dumblaws.com/laws/united-states/ pennsylvania?page=20. feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or 2 Ord. 29-1989, eff. 12-29-89. engaging in oral protest, education or counseling with such other 3 Am. Ord. 49-2005, § 1, eff. 12-30-2005. person in the public way or sidewalk area within a radius of one 4 http://www.dumblaws.com/laws/united-states/ hundred feet from any entrance door to a hospital and/or pennsylvania?page=20.

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