The Ethics Corner First We Get You Through Law School
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Year 2000: We'reHere.NowWhat? The ethics Corner First We Get You Through Law School. .. Then We Get You Through The Bar Exam! Gilbert Law Summaries Legalines Over 4 Million Copies Sold BAR/BRI Bar Review Relied On By Over 500,000 Lawyers ©rJJ!Jbr1 GROUP Our Only Mission Is Test Preparation Call Toll Free 1-888-3BARBRI or visit our web site at http.//www.barbri.com Juris Vol. 33, No. 1 • Winter 1999 You are young, my son, and as the years Staff go by, time will change and even reverse Editor-in-Chief many of your present opinions. Nick Rodriguez-Cayro Refrain therefore awhile from setting yourself Executive Editor up as a judge of the highest matters. Maureen Jordan Plato Managing Editor Matthew Clark • Senior Editor In thisISsue Gianni Floro Production Editor Maureen McQuillan Editorial: A Word from the Weary Assistant Executive Editors by Nick Rodriguez-Cayro ............ ... ................................................. .... ......... pg. 2 Annary Aytch Julie Gentry Repressed Memory and False Memory Syndrome: Nancy Koerbel Current Scien tific and Legal Perspectives Christi Neroni by Douglas Harhai ........... .................... ......... .. .............................................. pg. 3 Assistant Senior Editors Leslie Britton The Internet and the First Amendment: Douglas Harhai Bridgett Langer Regulations and Standards by Eliana Carrelli .................... .............................................. ................... ... pg. 10 Assistant Managing Editors Leah Lewandowski Patrick Dougherty The ABCs of Avoiding Malpractice by Jeffrey L. Pollock, Esq . ...................................... .. ................................. ... pg. 17 Assistant Production Editor Michelle Smith Ethics Corner Contributing Writers by Prof. Robert D. Taylor ............................ ... ................. ..... ... ..... ....... .. .. .. .. pg. 18 Maria D. Comas Amy Gregg Y2K: On the Eve of D-Day Douglas Harhai PeterC. lbe by Julian Neiser .. ................. ... ..................................................................... pg. 20 Julian Neiser Jeffrey L. Pollock, Esq. The Price of Liberty Nick Rodriguez-Cayro Prof. Robert D. Taylor by Maria D. Co1nas ................................................................................... .. pg. 25 Eliana Carrelli Hostile Work Environment: Undefinable Sexual Harassment? Faculty Advisors Dean John Rago by Amy Gregg .................. ............................................ ...... ....................... .. pg. 30 Prof. Kenneth Gormley A Constitutional Right to Physician-Assisted Suicide Cover design by Mami Cayro by Peter C. !be .... .. .... ...... ..... ........................................................................ pg. 35 JURIS is a semi-annual student publication of the Duquesne FYI: Events .................................................................................................. pg. 40 University School of Law. The views and opinions expressed herein are not necessarily those of JURIS or of the Duquesne University School of Law. Copyright 2000 Duquesne University. To my surprise, I found that many of the complaints I A Word heard came from students attending so-called "elite schools." This astonished me considering that U.S. News from the Weary and World Report's annual law school ratings often make it seem as though some schools have no problems, creating After three and half years, graduation is finally in sight! a false sense of security or fear depending on your school's During the past few years, I have had the opportunity to rating. Although graduation from one of these schools serve and interact with the law school faculty and my may give a student an employment edge, it does not make fellow students in numerous capacities. I have also had them a better attorney. the opportunity to listen to the concerns of the student Duquesne University School of Law has a long history body and have often used my position as Editor-in-Chief of quality education and a reputation for producing of Juris to discuss these concerns with the administration. outstanding attorneys. Attending a particular school will However, while many of these concerns have been valid, not make you a great attorney; it is the effort you put forth others have been greatly exaggerated and propagated by that will bring you success in the future. Law school, like a minority of students who would rather incite than solve. a marathon, will test your endurance, patience, and skill, For four years, I have heard students complain about the and from these tests, character, knowledge, integrity and same things: grading policies, attendance policies, etc ... tenacity will surface. "Despite the success cult, men are and threaten to transfer, or to never contribute as alumni. most deeply moved not by the reaching of the goal but To these students I say, "GET OVER IT!" by the grandness of effort involved in getting there - or Recently, I participated in a seminar in which failing to get there." 1 approximately 90% of U.S. and Canadian law schools were To my fellow classmates and those just beginning the represented. During this seminar, I listened to many marathon, good luck. students talk about their law school. After listening to the students, I realized how lucky I am to attend Duquesne Nick Rodriguez-Cayro University School of Law. Some of the complaints I heard Editor-in-Chief, Juris Magazine concerned: large classes consisting of more than 100 students, inadequate libraries, too few computers, 1 Lerner, Max, "MAN'S BELIEF IN HIMSELF," THE UNFJNJSHED required internships, and of course grading policies. COUNTRY (1959), 5. Rtpressed memory and f a/,se memory syndrome Current Scientific and Legal Perspectives by Douglas Harhai I. INTRODUCTION comfort them when ill and to help by one of his children for damages them build a strong self-image. ln resulting from John's molestation of P icture the following scenario: short, John tried to be the best parent the child some twenty years earlier. John had been an excellent parent to that he could be, and he would have John is even more shocked that the his chlldren as well as a faithful spouse done anything for his children. basis to these allegations was for nearly twenty-five years. He made Now, imagine the horror, betrayal "repressed memories" that were an effort to attend their after-school and pain that John would experience uncovered by the child's psychologist baseball games, dance recitals, to if he was told that he was being sued nearly fifteen years after the alleged Page2 RBDIBSSBd Memow sexual assault occurred. Would John's life ever be the same? It takes very little imagination to recognize the danming horror that must ensue to a parent falsely accused of child molestation.1 The above scenario is fictional only as to the victim's name. This similar scenario has happened to hundreds of families in this country. This is not to say that some of the allegations were not true, for some of the defendants admit to the alleged episodes. But there are other cases where the victim recants the allegations and drops the lawsuit, claiming that they "really aren't sure anymore" if the molestation ever occurred. It takes very little imagi:nation to recognize the damning horror that must ensue to a parent falsely accused of child molestation. Although any type of memory can classify as a repressed memory, it is those that involve sexual abuse that comprise the majority of litigation in this country. Only in the last decade has it been realized to what degree childhood sexual abuse has permeated our society. Although it is argued that instances of abuse may be underreported, reliable statistics reveal that approximately ten percent of women and five percent of men report having been sexually abused as children.2 Lawsuits based on repressed memories present several problems. Continued, next page JURIS• Volume 33 • No. 1 • Page 3 Reoressed Memarv dysfunction.6 One theory for the documented. Initially, the symptoms Repressed recovery of the memory years later is of post-traumatic stress disorder that this "survival mechanism" is no ("PTSD") suffered by soldiers in World memory longer needed since the adult is no War I were believed to have been a longer subjected to the trauma and the physical problem caused by the effects syndrome memories may resurface either of exploding shells, known as "shell gradually or in sudden flashes .7 shock." It then became apparent that the difficulties were psychological. From previous page III. DEFINITIONS However, as in many previous and subsequent wars, soldiers suffering This article will explore the Repressed Memory (called from trauma were considered to be of phenomenon of repressed memory dissociative amnesia in the psychiatry poor quality-malingerers who were syndrome and false memory profession) refers to the act of making too cowardly and lazy to fight. As a syndrome and will discuss whether memories inaccessible to the conscious result, they sometimes received electric there is any scientific basis to these mind. False Memory Syndrome is" ... shock treatments or were forced to phenomena. a phenomenon whereby some people return to the front lines despite their have 'come to believe' that they are symptoms.11 After the Vietnam War, II. HISTORY suffering from emerging repressed PTSD became an accepted diagnosis of memories of childhood incest and the soldiers' symptoms, as more than The development of the Repressed sexual abuse." Furthermore, three out of four soldiers returning Memory Theory is generally credited