WINTER The 2007 DICKINSON LAWYER

REVIVING THE LABOR MOVEMENT A LETTER FROM THE DEAN

MANAGING EDITOR he Dickinson School of Law kicked off 2007 with a number of exciting developments. Kelly R. Jones First and foremost, we were delighted to announce the two largest contributions in the history of the Law School: a $15 million gift from philanthropist Lewis Katz ’66, EDITOR founder of Katz, Ettin & Levine and former owner of the New Jersey Nets basketball Pam Knowlton Tfranchise, and a $4 million pledge from H. Laddie Montague Jr. ’63, managing principal of Berger CONTRIBUTORS & Montague, P.C. (See page 14 for full story.) Mr. Katz’s and Mr. Montague’s efforts and contribu- Mark Podvia tions on behalf of The Dickinson School of Law during the past few years have been extraordinary, Ed Savage Dyanna Stupar almost beyond description. A special issue of The Dickinson Lawyer, that we will publish in the next few weeks, will feature their efforts and contributions, and those of other DSL alumni, to our PHOTOS Carlisle Building Campaign. The University expressed its deep appreciation to Mr. Katz and Mr. Rick Bielaczyc Ian Bradshaw Photography Montague when the Penn State Board of Trustees voted unanimously on January 19, 2007, to Kelly R. Jones name the new signature additions to the Law School’s Carlisle facilities Dyanna Stupar Lewis Katz Hall; the Law School’s new building in University Park the Lewis Katz Building; and the Law School’s unified library the H. Lad- ILLUSTRATIONS James Yang die Montague Jr. Law Library. These generous donations, donations from other generous Law TECHNICAL SUPPORT School alumni and friends, $10 million from the University, and $25 Dian Franko

million in matching funds from the Commonwealth of Pennsylvania DESIGN have provided a $50 million budget for our Carlisle building project (as Claude Skelton well as a wonderfully significant increase in the Law School’s endow-

ment). Polshek Partnership Architects of New York already have new The Dickinson Lawyer is published for designs under way for Carlisle that incorporate a renovated Trickett alumni, students, staff, and friends of The Dickinson School of Law of The Pennsyl- Hall with state-of-the-art additions and that will ensure a dignified vania State University. Correspondence may be addressed to the editor. Portions of Carlisle home for our Law School for generations to come. Please visit this magazine may be reprinted if credit is the Law School’s Web site at www.dsl.psu.edu to see our Carlisle plans as they emerge. given to The Dickinson School of Law, The Dickinson Lawyer, and the author. We also are moving forward with our new University Park facility. On January 18th, Law School students, faculty, staff and alumni and University officials helped us celebrate the start of This publication is available in alternative media on request. construction in University Park with a commemorative groundbreaking ceremony. Special remarks The Pennsylvania State University is com- were offered by Penn State President Graham Spanier, Lewis Katz, Secretary of the Commonwealth mitted to the policy that all persons shall of Pennsylvania Pedro A. Cortés ’99, PA Supreme Court Justice Cynthia A. Baldwin (who is the have equal access to programs, facilities, admission, and employment without regard immediate past chair of the University’s Board of Trustees), and Richard Olcott, the lead design to personal characteristics not related to ability, performance, or qualifications as architect from Polshek Partnership for our new buildings. You can watch construction as it occurs determined by University policy or by state on our Law School web site. or federal authorities. It is the policy of the University to maintain an academic and The following day, the University Board of Trustees approved the establishment of a new School work environment free of discrimination, including harassment. The Pennsylvania of International Affairs to be housed administratively within The Dickinson School of Law. This State University prohibits discrimination arrangement offers significant opportunities for Law School students in both of our locations to ben- and harassment against any person because of age, ancestry, color, disability efit from the programs and classes of a multidisciplinary professional graduate school destined to or handicap, national origin, race, religious become soon one of the world’s great School of International Affairs. (See page 16 for full story.) creed, sex, sexual orientation, or veteran status. Discrimination or harassment It has been my pleasure to meet with many of you at our recent alumni events and to share against faculty, staff, or students will not be tolerated at The Pennsylvania State Uni- with you these and other updates. I look forward to seeing many more of you at future events. If versity. Direct all inquiries regarding the you have suggestions for or would like to help plan an event for your area, please email our alumni nondiscrimination policy to Doris Orner, Human Resources Officer, The Dickinson office at [email protected]. School of Law, 150 South College Street, Carlisle, PA 17013-2899; tel 717-240-5284 U.Ed. DSL 07-51. With best wishes to all Law School alumni, WINTER 2007 The DICKINSON LAWYER

FEATURES

One for the History Books An Interview with Ellen Dannin Law School librarian and archivist Mark Podvia is Professor Dannin discusses her passion for and the collecting information12 about life as you remember it at DSL rebuilding26 of the labor law movement The Duke Celebrates Law School Hosts International Golden Anniversary Criminal Justice Symposium Professor Del Duca hits a milestone in his The Honorable Mary Robinson, former president of distinguished Law School teaching career 13 Ireland,31 delivers keynote address DSL Announces Two Alumni & Reunion Weekend 2006 Largest Gifts in School History Four alumni honored as part of festivities Lewis Katz and H. Laddie Montague Jr. contribute a combined14 $19 million to Law School 32 Scholarship Recipients School of International Affairs Share Their Appreciation Penn State University’s Board of Trustees approves the establishment of a new School of International Students Meghan Cashman and Ronni Bright Affairs intimately linked to the Law School tell how scholarships have impacted their lives 16. 34 Reviving the Labor Movement Law School Remembers An excerpt from Professor Ellen Dannin’s recently Two Educational Icons published book Taking Back the Workers’ Law The Law School mourns the passing of professors 18 Joseph Burns35 Kelly and Arthur Saul Frankston

DEPARTMENTS

2 / In Brief 6 / Faculty & Staff News Penn State Dickinson Student Elected Secretary of NAPALSA Scholarship, Activities and Achievements Northeast Dinner Honors Santorum 38 / Listening Post Law School Visitor Speaks on Drugs in Sports Alumni Class Notes, In Memorium Penn State Dickinson Wins VITA Award Lace Up for the 2007 Race Judicata Award Named in Honor of Retiring Adjunct Klett Named PSU Alumni Fellow Golden Sworn in as U.S. District Court Judge 2 THE DICKINSON LAWYER inBRIEF

PENN STATE DICKINSON STUDENT ELECTED expressed his deep regret at not being able chief judge of the U.S. District Court for SECRETARY OF NAPALSA to attend, thanked his peers for selecting the Middle District of Pennsylvania; Penn- Penn State Dickinson School of Law him as the award recipient and expressed sylvania Supreme Court Justice Mike student Jacqueline Calahong was elected his gratitude for the education he received Eakin ’75; and U.S. District Judge for the secretary of the National Asian Pacific Law through The Dickinson School of Law. Middle District of Pennsylvania John E. Student Association at the 18th Annual Santorum is now a Senior Fellow of Jones III ’80. National Asian Pacific American Bar Asso- the Ethics and Public Policy Center, a con- ciation Convention held November 9-12 servative think-tank in Washington, D.C., LAW SCHOOL VISITOR SPEAKS ON DRUGS in Philadelphia, Pennsylvania. and heads its new America’s Enemies program. IN SPORTS Calahong, a first-year law student, is Santorum was first elected to the Sen- This past January, the Penn State the 1L representative of Penn State Dick- ate in 1994 and later served as chairman Institute for Sports Law, Policy and inson’s local chapter of APALSA. Her one- of the Senate Republican Conference. In Research year term as secretary of the national chap- this position, Santorum directed the com- welcomed ter runs from November 2006 through munications operations of the Senate Professor November 2007. Calahong graduated Republicans and was the third-ranking Hayden from the University of Michigan-Ann member of the Senate Republican leader- Opie from Arbor and hopes to concentrate her legal ship. He also served on the Senate Aging, the Univer- studies in the areas of international and Agriculture, Banking, Finance and Rules sity of Mel- environmental law. committees. Prior to his election to the bourne, NAPALSA, the first and oldest Asian Senate, Santorum served in the U.S. Australia, as Pacific American law student organization, House of Representatives and was an its first is dedicated to “promoting education, attorney for Kirkpatrick and Lockhart in internation- leadership, community awareness, com- Pittsburgh, Pennsylvania. In addition to al visitor. munication and interaction amongst the his J.D. from the Law School, he has an Opie is the various Asian Pacific American law stu- undergraduate degree in political science director of dents across the country.” More informa- from Penn State and an M.B.A. from the studies of tion about NAPALSA including member- University of Pittsburgh. the Melbourne Sports Law Program and is ship information can be obtained by The Annual Northeast Pennsylvania one of the world’s leading experts on tort visiting www.napalsa.org on the Web. Alumni Dinner has honored many of the and sports law. The topic of his lecture was Law School’s most accomplished alumni “Current Legal and Regulatory Issues in including Governor Tom Ridge ’72, the NORTHEAST DINNER HONORS SANTORUM Drugs in Sport.” first secretary of the U.S. Department of Isolated thunderstorms did not damp- “The issue of drugs in connection to Homeland Security; The Honorable Sylvia en the spirits of guests at the 31st North- sports, and the associated ‘war on drugs’ in Rambo ’62, the first woman to serve as east Pennsylvania Alumni Dinner in sports, just doesn’t go away,” explained Wilkes-Barre, but it caused a travel prob- Opie. “The news media has reports every- lem for the guest of honor. Then U.S. day of some aspect of the issue frequently Senator Rick Santorum (R-PA) ’80 PSU and in very sensational terms. In the area & ’86 DSL, honoree for the annual event of drugs and sports, there are many topics on June 1, was unable to attend when his of inquiries for lawyers and policy makers,” flight from Philadelphia was cancelled due he added. to strong thunderstorms. Opie explained that there are a num- “He wanted to be here but ultimately ber of perspectives relating to drugs associ- it was the pilot’s decision, and he felt the ated with sports. “You can view it from a weather was too dangerous,” said chapter doping perspective, which includes per- president Sandor Yelen ’56. formance enhancing drugs and drugs In an unusual twist, Santorum accept- which stop a competitor,” said Opie. “The ed the award by phone. His remarks were second perspective on drugs associated broadcast over the banquet room’s public with sports is that athletes use drugs as an address system for the benefit of DSL addiction. This calls into question the alumni and friends in attendance. He integrity of competition as well as the con- Rick Santorum THE DICKINSON LAWYER 3

cern for young, impressionable people who this fall to “achieve a unique dialogue plying with the Internal Revenue Code, look up to athletes as role models. between academic students of sport and but it also provides an opportunity for the “The third perspective is that of the major industry participants.” Such a dialogue Law School to deliver a valuable public health of the athletes. There is a public will significantly aid scholars in policy-ori- service to qualified residents of Carlisle health concern about the widespread use ented research and facilitate the dissemina- and the surrounding communities. In the of drugs as an addiction, and particularly tion of this research to policy-makers and prior tax year, forty-eight law student vol- there are numerous reported deaths and industry participants. The dialogue bene- unteers prepared more than 1,000 federal, serious injuries resulting from athletes tak- fits participants in allowing them rare time state and local tax returns for 425 taxpay- ing performance enhancing drugs,” he to focus on big picture questions about ers, plus their spouses and dependents, stated. their sport and to think outside the box residing in Cumberland, Perry, Dauphin, He continued to discuss the issues about realistic insights provided by sports York, Franklin and Adams counties. concerning privacy and government power scholars. Penn State Dickinson has participated in sports, as well as the dissimilarities and The Institute is directed by Professor in the VITA program for the past twenty- concerns between three major organiza- Stephen Ross, who joined the Law School five years. Professor William B. Barker, a tions that deal with sportsmanship and fair faculty this past summer. He is a leading member of the full-time faculty, has for play: the World Anti-Doping Agency sports law, antitrust and comparative the last twenty-three years supervised the (WADA), an international independent Canadian Law scholar and the author of program and trained law student volun- organization created in 1999 to promote, Principles of the Law of Antitrust and teers. He has been assisted for several years coordinate, and monitor the fight against numerous scholarly articles. A former pro- by Kerry Annett, the VITA program coor- doping in sport in all its forms—it is com- fessor of law at the University of Illinois, dinator. posed and funded equally by the sports Ross also served as minority counsel to the movement and governments of the world; U.S. Senate Judiciary Committee, attorney LACE UP FOR THE 2007 RACE JUDICATA the Court of Arbitration for Sport (CAS), for the Antitrust Division of the U.S. Rain or shine, prepare to pound the an arbitration body set up to settle disputes Department of Justice and Federal Trade pavement on the morning of Saturday, related to sports; and the Australian Foot- Commission, and law clerk to Judge Ruth April 14 by participating in Penn State’s ball League. Bader Ginsburg. Dickinson School of Law Annual 5K Race Professor Opie researches and teaches Judicata to raise funds for the ALS Associ- in all areas of sports law and is recognized PENN STATE DICKINSON WINS VITA AWARD ation, Greater Philadelphia Chapter, a not- internationally for his work in the field. In The Law Student Division of the for-profit organization dedicated to the recent years, he has been researching and American Bar Association honored Penn fight against ALS. writing on anti-discrimination law in State’s Dickinson School of Law with its Runners and walkers are encouraged sport, labor market regulation, and 2006 Volunteer Income Tax Assistance to come out and show their support for medico-legal issues such as injury liability (VITA) Outstanding Continuing Site the ALS Association, which is dedicated to and anti-doping rules. His publications on award at the Annual Meeting held August 3- finding a cure for and improving the lives sports law cover a wide range of topics and 5 in Honolulu, Hawaii. The Law School of those with the disease. Often referred to have appeared in Australian, European, won this same award in 2004. as “Lou Gehrig's Disease,” ALS—amyotrophic New Zealand, South American and United The VITA program is a service of the lateral sclerosis—causes the brain to lose States journals and books. Internal Revenue Service (IRS) through its ability to initiate and control muscle After graduating from Melbourne which IRS-certified volunteers provide free movement, leading to paralysis. Law School, Opie pursued graduate work tax preparation assistance to low-income, The race will start at 8:30 a.m. and is in sports law at the University of Toronto special needs and elderly taxpayers. Under open to community members, students, in the mid-1980s. Since then, he has the VITA program at Penn State Dickin- alumni, faculty, friends and family of the established and developed the Melbourne son, certified student volunteers assist tax- Law School. The course will begin and Sports Law Program, initiated the found- payers with their federal, state and local end at Trickett Hall, 150 South College ing of the Australian and New Zealand tax returns. Street, Carlisle. Sports Law Association, Inc., and served as Participation in the VITA program To register, please download the form the association’s president for its first eight not only affords law students the opportu- found at http://www.dsl.psu.edu/alumni/ years. nity to gain valuable, first-hand experience RaceJudicata07.cfm and mail the completed The Penn State Institute for Sports in dealing with the complexities of com- form, along with a $20/person registration Law, Policy and Research was established 4 THE DICKINSON LAWYER

ent of the Jon F. LaFaver Outstanding Adjunct Faculty Award for his “outstand- ing performance as an adjunct professor.” Cleaver teaches Pennsylvania Probate Prac- tice and has been an adjunct professor at the Law School for more than twenty years. He is of counsel with Keller, Keller, Frey & Beck, LLC in Waynesboro, PA, where his practice areas include personal injury and civil litigation. Cleaver, who earned his bachelor’s degree from the University of North Car- olina, is the author of Cases and Materials on Wills and Decedents Estates (1976) and Pennsylvania Probate Practice, with Forms (1st edition, 1983; 2nd edition, 1993; 3rd edition, 2000). He is a member of the Pennsylvania and American Bar Associa- tions, the Association of Trial Lawyers of Two of last year’s Race Judicata participants crossing the finish line America, and the Pennsylvania Trial Lawyers Association. While a student at fee, by March 30 to the Alumni Relations AWARD NAMED IN HONOR OF RETIRING the Law School, Cleaver was editor of the Office, Attention Race Judicata, The Dick- ADJUNCT Dickinson Law Review and a recipient of inson School of Law, 150 South College For more than fifteen years, Jon F. the Abel Klaw Advocacy Award. Street, Carlisle, PA 17013. The $20 entry LaFaver was a mainstay for The Dickinson LaFaver has practiced law for more fee includes a free t-shirt and race day food School of Law, teaching seminars on than forty-three years in New Cumberland, and beverages with the net proceeds going Anglo-American legal history and religious Pennsylvania, and previously served as gov- to The ALS Association, Greater Philadel- liberty as an adjunct professor of law. So ernor of the Pennsylvania Bar Association, phia Chapter. when the time came for him to retire at secretary of the Pennsylvania Bar Association All participants are asked to confirm the end of the 2005-2006 academic year, and president of the Cumberland County their registration between 7:00 a.m. and the Law School faculty and administration 8:00 a.m. on the day of the race. Registra- wanted to find a meaningful, lasting way tion will be located in the parking lot area to show their appreciation and recognize behind Trickett Hall. their colleague’s supreme service. Past participants have enjoyed the “Jon had been on the faculty for many event and are enthusiastic to lace up for years, taught more than the usual load for the 2007 Race Judicata. adjuncts—at times he pitched in and became “Despite the rain, last year’s race was a almost full time on adjunct pay—and he’s great way to relieve some stress before been a generous contributor to the Law finals. I had a great time running with School,” Professor Harvey Feldman said. friends and other members of the Law Since LaFaver had already received the School community. I look forward to school’s Edward C. First Award for Excel- doing it again,” said Regina McMahon, a lence of an Adjunct Faculty Member, Feld- 2006 Race Judicata participant. man thought he would appreciate the Law School creating an annual award, named in LaFaver’s honor, to recognize others who shared LaFaver’s commitment to teaching and to The Dickinson School of Law. The faculty agreed. At a reception last spring, David C. Cleaver ’67 was honored as the first recipi- Jon LaFaver THE DICKINSON LAWYER 5

Bar Association. He currently serves as stantial contributions to the Law School, I GOLDEN ’72 SWORN IN AS U.S. DISTRICT director for the Pennsylvania Bar Institute. feel Mr. Klett would be an excellent choice COURT JUDGE LaFaver received his A.B. cum laude for the 2006 Alumni Fellow Award.” At a ceremony in U.S. District Court from Muhlenberg College and his J.D. Klett was the chair and founding in Philadelphia on October 12, 2006, from New York University where he was a member of Klett Rooney Lieber & Schor- Thomas M. Golden ’72 was sworn into a Root Tilden Scholar. He has also studied ling P.C., a major Mid-Atlantic law firm seat on the U.S. District Court for the at Harvard Law School, Cambridge Uni- that recently merged with Buchanan Eastern District of Pennsylvania, becoming versity and Oxford University. Ingersoll and now consists of 550 lawyers the first federal judge from Berks County whose practices are national and interna- in thirty-six years. tional in scope. Klett is senior counsel in President George W. Bush nominated KLETT ’62 NAMED PSU ALUMNI FELLOW the firm’s Pittsburgh office. Golden on January 25, 2006, and in May On October 26, 2006, Law School In 2006, the Pennsylvania Supreme of that year, alumnus Edwin L. Klett ’62 became one Court selected Klett to serve a four-year the U.S. of an elite group of Penn State alumni term on the Judicial Conduct Board of Senate chosen to receive the Penn State Alumni Pennsylvania. He is also a fellow of the voted unan- Associa- International Academy of Trial Lawyers, imously to tion’s most the American College of Trial Lawyers and confirm prestigious the American Board of Trial Advocates. He Golden to honor: the is a former president of the Allegheny the vacancy. Alumni County Bar Associaton and is a member The Ameri- Fellow and former president of the Academy of can Bar Award. Trial Lawyers of Allegheny County. While Association Since its attending DSL, Klett served as editor in gave Gold- inception chief of the Dickinson Law Review. He en a unani- in 1973, earned a bachelor’s degree in commerce mous well- the award and finance from Bucknell University in qualified has been 1957. rating. given to As an alumnus, Klett has served as In a press release issued from Senator select president of the Dickinson Law Alumni Arlen Specter’s office to announce Gold- alumni Club of Western Pennsylvania and has en’s confirmation, Senator Specter com- “who, as leaders in their professional fields, been a member of Dickinson’s Board of mented, “In my years on the Judiciary are nominated by an academic college and Trustees and its successor boards since Committee and now as chairman of the accept an invitation from the President of 1982. In 1990, Klett received the Law committee, I have seen many nominees. I the University to return to campus to share School’s Outstanding Alumni Award. believe that Tom Golden has outstanding their expertise with students, faculty, and Klett is a life member of the Penn potential for the Federal District Court.” administrators.” State Alumni Association. He and his wife, Prior to his appointment, Golden was In a letter of nomination, Nancy Jean Janis, reside in Mt. Lebanon, Pennsylva- a managing partner at Golden Masano LaMont, a graduate of the class of 1978 nia. He has five children: David and Lau- Bradley in Wyomissing, Pennsylvania. He and the Law School’s assistant dean for ren are graduates of DSL, classes ’87 and is a past president of the Pennsylvania Bar administration, noted that it was a great ’89 respectively; Krista is a member of the Association and the Berks County Bar honor to recommend Klett for the award. DSL class of 2008; and Kirk and Keenan Association. “Mr. Klett has had an outstanding career currently are attending Bucknell University After graduating from law school, as an active and experienced trial lawyer in and considering attending law school as well. Golden joined Stevens & Lee as an associ- a wide variety of corporate and business Law School alumni Lewis Katz ’66, ate. He became a shareholder at that firm cases involving accountants’ liability, businessman and philanthropist; Robert before joining the partnership of Fry, Hib- antitrust, class action, governmental litiga- C. Jubelirer ’62 (’59 PSU), former presi- scham and Golden, which later became tion, health care, intellectual property, dent pro tempore of the Pennsylvania Sen- Golden Masano Bradley. Golden graduat- products liability, SEC and securities ate; and Pedro A. Cortés ’99 (PSU ’00), ed from Penn State University in 1969 fraud, shareholder derivative and technolo- secretary of the Commonwealth of Penn- with a bachelor’s degree in history. gy,” wrote LaMont. “…Based on his sylvania, are among the past recipients of remarkable professional career and his sub- the Penn State Alumni Fellow Award. 6 THE DICKINSON LAWYER FacultyFOCUS

Corporations: The Rise of Private Systems Lawyer—(Eng.). You can view Professor of Transnational Law and Its Enforce- Backer’s “Law at the End of the Day” Web ment” on the panel “Unfair Competi- essays at http://lcbackerblog.blogspot.com. tion—The Civil and Criminal Consequences” at the 24th International Symposium on Professor Carlos Ball Economic Crime, Jesus College, held at returned to Penn Cambridge University, Cambridge, Eng- State Dickinson land, on September 5; “Multinationals and for the 2006-2007 the Rise of Global Systems of Private Law- academic year after making: The Example of Wal-Mart as visiting for a year Global Legislator” on the panel “Wal-Mart: at the Rutgers Uni- Lance Cole Eileen Kane The New Superpower” at the “Wal-Mart versity School of Matters” conference held at the University Law at Camden. of Connecticut School of Law in Hart- He participated in ford, Connecticut, on October 20; “Reify- a roundtable dis- ing Law: ‘Let Them Be Lions, But Yet cussion of his book Lions Under The Throne’,” at a faculty The Morality of Gay Rights: An Exploration workshop held at Birkbeck College, Facul- in Political Philosophy as part of the West- ty of Law, University of London on Octo- ern Political Science Association’s annual ber 25; and “MiFID and Power in the meeting held in Albuquerque, New Mexi- Regulation of EU Financial Markets” on co, and he has been invited to present a the panel “Financial Services: Free Move- paper on property and sexuality at the ment and Harmonization in the EU” at annual meeting of the American Philo- Rob Gatter Bob Ackerman the “EU Financial Services Regulation: sophical Association (Pacific Division) to Completing the Internal Market” conference be held in San Francisco. held at the Institute of Advanced Legal Professor Ball’s article “The Curious Congratulations to the following col- Studies in London on October 26 (organ- Intersection of Nuisance and Takings Law” leagues on their recent promotions: Eileen ized by the Academy of European Law and appeared this fall in the Boston University Kane was promoted to the rank of associate the Centre for Commercial Law Studies, Law Review. In addition, two of his arti- professor; Lance Cole and Rob Gatter were Queen Mary, University of London) (Event cles were published this past summer: promoted to the rank of full professor 206R08, http://www.era.int). “Exactions and Burden Distribution in with tenure. Professor Backer has had the follow- Takings Law,” with Laurie Reynolds, in ing articles accepted for publication: the William and Mary Law Review and Professor Robert Ackerman’s recently published “Multinational Corporations and the Rise “The Backlash Thesis and Same-Sex Mar- articles include “Neutrality and the Role of of Global Systems of Private Law: The riage: Learning from Brown v. Board of Conflict Professionals,” with Bernard S. Example of Wal-Mart as Global Legislator, Education and its Aftermath” in the Mayer, in the Journal of American Arbitra- Civil Society and the Media,” University of William and Mary Bill of Rights Journal. tion (2006); “The September 11 Victim Connecticut Law Review; “The Rule of Law, This last article was featured in an op-ed Compensation Fund: An Administrative The Chinese Communist Party, and Ideo- that appeared in the Detroit News and, Response to National Tragedy” in the Har- logical Campaigns: Sange Daibiao (the during July and August, was among the vard Negotiation Law Review (2006); ‘Three Represents’), Socialist Rule of Law, top ten most downloaded papers from the “Sociological Analysis of Injury to Persons, and Modern Chinese Constitutionalism,” Social Science Research Network in any Property, and Relations” in Encyclopedia of Journal of Transnational Law & Contempo- discipline. All three articles are available at Law and Society, David S. Clark ed. rary Problems; “Law, Economy and Foreign www.ssrn.com. (2006); and “Vanishing Trial, Vanishing Relations in China—A Symposium Intro- His essay “What Does Sex Got to do Community?” in a symposium issue of the duction,” Journal of Transnational Law & With it? Sexual Orientation, Physical Dis- Journal of Dispute Resolution (2006). Contemporary Problems; and “Private Law ability, and Parenting” will be published Making and Global Enforcement: Multi- this year in a book titled Choosing off the Professor Larry Catá Backer made several pre- national Corporations, Supply Chain Menu: Philosophical Reflections on Disabili- sentations last fall including: “Supplier Management and the Construction of Global ty and the Creation of Non-Standard Fami- Chain Discipline Among Multinational Systems of Private Law,” The Company lies, Sara Goering, ed., MIT Press. His THE DICKINSON LAWYER 7

essay “This is Not Your Father’s Autono- On September 28, Professor William Butler Institute of Arbitration Law and Practice. my: Lesbian and Gay Rights from a Femi- addressed the Washington Foreign Law This past summer he taught courses in nist and Relational Perspective,” which Society on law reform in the Putin era. On arbitration at McGill Law Faculty and was published originally in the Harvard October 20 at Moscow State University, he Queen Mary College, University of London. Journal of Gender and the Law in 2005, spoke at a conference commemorating the will be reprinted in a collection of essays 100th anniversary of Professor G. I. Professor Ellen Dannin’s book Taking Back the titled Feminist and Queer Legal Theories: Tunkin on the subject of Tunkin through Workers’ Law—How to Fight the Assault on Convergences and Departures and edited by the eyes of Western international lawyers. Labor Rights was recently published by Martha Fineman of Emory University’s At the annual meeting of the American Cornell University Press. She also wrote Feminist and Legal Theory Project. Association for the Advancement of Slavic “Law and Collective Bargaining Power: An Studies, he chaired a panel on Russian Experiment to Test Labor Law Reform Professor William legal history and gave a paper on American Proposals,” with Gangaram Singh, in Jus- Barker was asked to lawyers in Russia to a roundtable on tice on the Job: Perspectives on the Erosion of submit a paper at November 18, and November 27-28, he Collective Bargaining in the United States the inaugural con- chaired a panel and delivered a paper on (2006). Additionally, she had two articles ference of the informal obstacles to harm reduction published: “Red Tape or Accountability: International Net- under Russian law for the United Nations Privatization, Public-ization, and Public work for Tax Office on Drugs and Crime at St. Peters- Values,” Cornell Journal of Law & Public Research (INTR) burg, Russia. Policy (2006) and “NLRA Values, Labor hosted by the Uni- The Oxford University Press pub- Values, American Values,” Berkeley Journal versity of Michigan lished his treatise Russian Foreign Relations of Employment & Labor Law (2005). Law School and Investment Law in December 2006; Professor Dannin’s expertise on the November 3-5. Juris Publishing Co. issued the first and impact of the “Kentucky River” labor law The INTR is an international research second installments of his looseleaf service cases continues to be sought. In October, organization of educational institutions Russia & The Republics: Legal Materials she appeared on a talk show on WNYE sponsored by the Organization of Eco- (2006-). In press for publication in early New York City discussing the impact of nomic Cooperation and Development. 2007 are two volumes which he has edited Oakwood Health Care, 348 NLRB N.37 (The American members are the Harvard and translated: International Law and the (Sept. 29, 2006), and she also was inter- Law School and the University of Michi- Russian Legal System (Zimnenko) and viewed by Eve Tahmincioglu, a reporter gan Law School.) The conference was a Spitsbergen: Legal Regime of Adjacent for MSNBC, discussing the same topic. multidisciplinary treatment in law and Marine Areas (Vylegzhanin and Zilanov). Additionally, Professor Dannin appeared economics of taxation and development. Four issues of Sudebnik have appeared or on the Radio Health Journal, which airs In a reviewed paper, Professor Barker pro- are in press; one issue of Russian Law: The- weekly on more than 400 stations nation- posed, as an important step in attracting ory and Practice; and one issue of the Jour- ally, about the disappearance of retiree foreign capital and business, that develop- nal of Comparative Law. health benefits. ing economies should adopt a new system Professor Dannin has made several of international taxation that would pro- The second edition of Professor Tom Carbon- presentations over the past year, including vide incentives to foreign business without neau’s book Employment Arbitration “NLRA Values, Labor Values, American the enormous costs occasioned by tax appeared in June 2006, and his article “At Values” and “Constructing a Litigation competition. In a world of free trade and the Crossroad of Legitimacy and Autono- Strategy to Take Back the Workers’ Law” free factor mobility, developing countries my” has been accepted for publication by at the annual meeting of the Law and should limit source taxation to locational the American Review of International Arbi- Society Association in Baltimore, Mary- economic rents to promote economic tration at Columbia University. He is cur- land, July 8-9; and “Re-Constructing Our development. He suggested that this could rently preparing the 4th edition of his Values,” at the American Federation of be accomplished by adopting a broad- casebook on arbitration and the 2nd Teachers Conference in Washington, based expenditure tax. On the basis of self- edition of his treatise on the same subject. D.C., on September 21. interest and justice, developed economies He is also working on a Nutshell for should concede this tax base to developing Thomson-West. At the request of the American Society of economies by granting to its multinational Professor Carbonneau is the executive Comparative Law, Professor Louis F. Del Duca enterprises exemption or tax sparing credits. editor of the Latin American Arbitration coordinated the Biennial Colloquium of Review, recently launched by Penn State’s the American and Italian Societies of 8 THE DICKINSON LAWYER

Comparative Law held at the Penn State ing in Washington, D.C. She was also an of the African Union in Addis Ababa, Dickinson School of Law on April 6 and invited guest at the 6th Annual Loyola Ethiopia. The study contains a legislative 7, in which leading comparativists from Antitrust Colloquium, sponsored by the guide and a draft African anti-terrorism both countries addressed current issues Institute for Consumer Antitrust Studies model law. The model law is intended to pertaining to criminal and civil procedure of the Loyola University Chicago School provide African countries with a template and the new Italian federalism. Special of Law. for enacting appropriate legislation for participants included Geoffrey C. Hazard combating terrorism and the support and Jr., recent long-time executive director of Professor Eileen Kane was an invited speaker financing of terrorist activities within a the American Law Institute, and the Hon- at the Intellectual Property/Gender Sym- human rights-sensitive context. Professor orable Anthony J. Scirica, chief judge, posium at the American University Wash- Maluwa was also invited to participate in a Third Circuit Court of Appeals. ington College of Law, where she present- roundtable discussion on the Swedish On June 19, Professor Del Duca pre- ed “Molecules and Conflict: Cancer, Government’s Global Development Policy sented a paper at the Milan Chamber of Patents and Women’s Health.” She also organized by the Ministry of Foreign Commerce in Italy on “Current Develop- was an invited speaker at the Intellectual Affairs of Sweden in Stockholm and an ments on Product Liability in Italy and the Property Scholars Conference at the Uni- expert meeting on human rights and United States.” His presentation compared versity of California-Berkeley (Boalt Hall), counter-terrorism, convened by the UN product liability under the Uniform Com- where she presented “The Dormancy and Special Rapporteur on the promotion and mercial Code and Restatement of Torts Revival of the Patentable Subject Matter protection of human rights and funda- with product liability under the European Doctrine.” Her article “Patent Ineligibility: mental freedoms while countering terror- Community Product Liability Directive Maintaining a Scientific Public Domain” ism, in Berlin. Dean Maluwa’s review of and Italian Law. On August 10, he pre- was published in the St. John’s Law Review Fatsah Ouguergouz’s The African Charter sented a paper “The Accelerating (2006). on Human and Peoples’ Rights: A Compre- Pace of Common Law and Civil Law hensive Agenda for Human Dignity and Sus- Convergence in A Global Society – Har- Associate Dean for International Affairs Tiyanjana tainable Democracy has just been published monization and Subsidiarity in the Twen- Maluwa was recently appointed by the in the latest issue of the African Yearbook of ty-First Century” at the 13th Biennial United Nations High Commissioner for International Law. Meeting of the International Academy of Human Rights to a five-member group of Commercial and Consumer Law held in experts charged with the task of preparing Professor Katherine Pearson’s research and Austin, Texas. a study on complementary international advocacy on issues affecting families and standards to counter racism, racial discrim- older adults led to an invitation to write Professor Beth ination, xenophobia and related intoler- an essay on filial support laws for the Farmer’s article ance. The group of experts was established National Council on Family Relations’ “Harmonization pursuant to resolution 1/5 of the UN Quarterly Report, which appeared in in Competition Human Rights Council, adopted on June December 2006. (Her work is also quoted Law Enforcement” 30, 2006, and is expected to work in con- in the lead editorial in that issue.) In addi- is forthcoming in sultation with relevant UN human rights tion, Professor Pearson will be a featured the book Harmo- treaty bodies, the Special Rapporteur on speaker at its national conference in the nizing Law in an contemporary forms of racism, racial dis- fall of 2007. Era of Globaliza- crimination, xenophobia and related intol- Professor Pear- tion, which is edit- erance and, in particular, the Intergovern- son and Clinical Pro- ed by Larry Backer mental Working Group on the effective fessor Lucy Johnston- and will be pub- implementation of the Durban Declara- Walsh gave a lished in 2007 by Carolina Academic Press. tion and Programme of Action (adopted multi-media presen- Professor Farmer has accepted an invi- by the 2001 World Conference Against tation “Partners in tation to join the new Interdisciplinary Racism and Xenophobia). The first meet- Outreach and Legal Centre for Competition Law and Policy at ing of the group took place in Geneva, Advocacy: Interdis- Queen Mary College, University of London. Switzerland, January 21-23. ciplinary Opportu- Last spring, she moderated the Scholars’ In mid-December, a study co- nities in University Showcase Panel on “Empirical Approaches authored by Dean Maluwa (with Dapo Based Clinics” at to Antitrust” at the American Bar Associa- Akande of Oxford University, England) the National Out- Lucy Johnston-Walsh tion Antitrust Law Section’s spring meet- was presented to a meeting of legal experts reach Scholarship THE DICKINSON LAWYER 9

Conference at Ohio State University in the University of California-Berkeley, Center for Advanced Study, a unit of the October. In March, Professor Pearson will Boalt Hall School of Law’s Thelton E. Graduate College charged with promoting speak on the growing use of mandatory Henderson Center for Social Justice Sym- the highest levels of interdisciplinary dis- pre-dispute arbitration agreements in long- posium entitled “Loving by Law: Forty course (www.cas.uiuc.edu). term care settings for the Thomas F. Lam- Years Since Loving v. Virginia.” bert Conference at Suffolk University In October, Professor Pratt spoke at a In July, Professor School of Law in Boston, Massachusetts, faculty colloquium at the University of Bob Rains spoke in focusing on her empirical research with Tulsa Law School and also served as a opposition to a Professor Michael Rustad at Suffolk Uni- Native American History Month lecturer proposal to create a versity. at Ithaca College. On November 9, she Social Security served as a panelist for “The First and the Court at the Sum- In June, Professor Forced” conference, which explored the mer Council Meet- Tom Place spoke at intersection of Indian and African identity ing of the ABA the 23rd Annual and was hosted by the Ford Foundation, Section of Admin- Criminal Law the University of Kansas and Haskell Indi- istrative Law and Symposium on an Nations University. Also in November, Regulatory Prac- appellate and Professor Pratt presented her article exam- tice. Additionally, post-conviction ining tribal anti-miscegenation law at the he was named a vice chair of the Section’s issues in capital University of Wisconsin’s symposium cele- Benefits Subcommittee. In October, he cases. He also brating the 40th anniversary of Loving v. appeared on an ABA panel at the National recently presented Virginia. This spring, Professor Pratt will Press Club debating the wisdom of creat- a program to the present “Law Defining Existence: Explor- ing a Social Security Court. In November, law clerks of the ing the Psychological Corollary to the he conducted a training session for the Pennsylvania Supreme Court on appellate Legal Illegitimation of Multiracial Identi- Pennsylvania Department of Public Wel- review of post conviction petitions in capi- ty” at the International Congress of Law fare’s Disability Advocacy program on tal cases. The 5th edition of his book The and Mental Health in Padua, Italy. “The Administrative Law Judge Hearing Post Conviction Relief Act, Practice and Pro- Process.” cedure was published in July. Dean Phil McConnaughay’s edited book Defin- His article, “Professional Responsibili- ing Values for Research and Technology: The ty and Social Security Representation: The University’s Changing Role, (co-edited with Myth of the State Bar Bar to Compliance University of Illinois Swanlund Chair in with Federal Rules on Production of Neuroscience William T. Greenough and Adverse Evidence” was published in the University of Illinois Professor of Law and Cornell Law Review, Vol. 92, No. 2. Addi- Engineering Jay P. Kesan) was published in tionally, he has had three “legal fables” November by Rowman & Littlefield Press. published: “The Criminals Who Miscalcu- Contributors include World Food Prize lated” in the Green Bag, 2nd, and “A Man and Indira Ghandi Award winner M.S. and a Woman” and “Ho Ho Ho” in the Swaminathan; National Medal of Technol- Pennsylvania Family Lawyer (December 2006). ogy winner and former National Science Foundation director Erich Bloch; National Professor Marie Reilly’s Science and Technology advisor and noted book chapter “You physicist John H. Gibbons; renowned and Me Against the development economist Lord Meghnad World: Marriage Desai; National Center for Supercomput- and Divorce from Professor Carla Pratt recently published “Tak- ing Applications founder Larry Smarr; Creditors’ Perspec- ing Diversity Seriously: Affirmative Action NASA chief scientist Kathie Olsen; Inter- tive” in Reconceiving and the Democratic Role of Law Schools,” national Maize and Wheat Improvement the Family: Critique Houston Law Review (2006). She also pre- Center chief scientist Timothy Reeves; on the American sented her article “Loving Indian Style: University of Michigan Law professor Law Institute’s Prin- Maintaining Racial Caste and Tribal Sov- Rebecca Eisenberg, and others. The book ciples of the Law of ereignty Through Sexual Assimilation” at was sponsored by the University of Illinois Family Dissolution, 10 THE DICKINSON LAWYER

Robin Fretwell Wilson ed., (2006) was trolled by the France family), they suggest legal mentoring of young musicians. Addi- recently published. that other major league sports would bene- tionally, he was a participant in the fit if control of the league were transferred Hydrogen Day Program at University Associate Dean Victor Romero continues to from the club owners to MLB, Inc., NFL, Park, a conference sponsored by Penn serve as a media expert on issues regarding LLC, or the like. Borrowing from the way State to investigate the technological/eco- immigration law and minority rights and soccer is organized in the rest of the world, nomic feasibility of employing hydrogen as has recently been quoted in publications they argue that U.S. sports leagues should an alternative fuel source. such as TIME magazine, the Christian Sci- be required to adopt the principle of ence Monitor and the Central Penn Business “entry by merit,” with the worst teams in Professor Richard Storrow presented his ongo- Journal. In November, he served as a pan- each major league relegated each season to ing research into screening practices in elist at a symposium on the First Amend- a second-tier competition, while the best infertility clinics at the annual meeting of ment sponsored by the Commission on teams in the lower-tier league would be the Law & Society Association in Balti- Racial/Ethnic Diversity (CORED) at Penn promoted to the majors. The authors also more, Maryland. His article based on this State and was a guest on President Spanier’s suggest a variety of less radical reforms to research, “The Bioethics of Parenthood: monthly talk show To the Best of My improve sports, including enhancing the In Pursuit of the Proper Standard for Knowledge: Immigration, broadcast on power of commissioners and league officials Gatekeeping in Infertility Clinics,” has WPSU television and radio. to intervene in all aspects of the business since been accepted for publication by the to enhance “the best interests of the sport.” Cardozo Law Review. Professor Storrow’s Professor Stephen Professor Ross also was an invited par- book review of Kerry Lynn Macintosh’s Ross’ forthcoming ticipant for the Section on Sports Law ses- Illegal Beings: Human Clones and the Law study of how the sion of the Association of American Law will appear as “Equal Protection for structure of sports Schools’ annual meeting in Washington, Human Clones” in the next issue of the leagues affects D.C., to discuss comparative and interna- ABA’s Family Law Quarterly. Professor fans, Fans of the tional aspects of sports law. The panel Storrow’s article “Marginalizing Adoption World, Unite!, has included Professor Hayden Opie of the Through the Regulation of Assisted been accepted for University of Melbourne, Australia’s lead- Reproduction” is forthcoming this spring publication by ing sports law professor, who subsequently in a symposium issue of the Capital Uni- Stanford University visited Penn State for several lectures and versity Law Review. He has been invited to Press. Co-authored talks as a guest of the new Penn State contribute an article on procreative liberty by world-renowned Institute for Sports Law, Policy, and for The Chicago Companion to the Child to expert on sports economics Professor Ste- Research, which Professor Ross directs. be published by the University of Chicago fan Szymanski of the Tanaka Business Press in 2007. School, Imperial College (London), the Professor Geoff book details the harms caused to sports Scott’s article “A fans and taxpayers by the monopoly power Comparative of sports leagues. The authors contend View of Copy- that sports leagues are not simply monop- right as Cultural olists, but inefficient ones, because they Property in Japan are controlled by owners who often act in and the United their own narrow self-interest rather than States” will appear the interest of the league as a whole (one in the upcoming reason why legendary Pittsburgh Steelers’ issue of Temple owner Art Rooney was so exceptional). International Law They propose two major structural changes Review. He to sports leagues, drawing on successful recently appeared as a guest on Musician- examples from outside the history of Cast, a radio program originating in North American sports leagues. Noting Philadelphia, and spoke on the legal prob- that in NASCAR, participating racing lems of musicians with an emphasis on teams compete under rules independently intellectual property issues. In September, fixed by a distinct “competition organizer,” Professor Scott presented a program at the NASCAR, Inc. (a private company con- Dewey Beach Music Conference about the THE DICKINSON LAWYER 11

Professor Laurel Terry recently returned from Financial Service tral: Operating Within the Shadow of the a one-year sabbatical in Cologne, Ger- Regulation: Com- Judge or Expropriating and Undermining many, where she was researching the pleting the Internal the Judge’s Legitimacy?” with Honorary Bologna Process and the EU antitrust Market,” which Chair Robert Mnookin, sponsored by authority’s report regarding the legal pro- was held in Lon- Tilburg University, The Catholic Universi- fession. Her article “The Bologna Process don October 26- ty of Leuven, and The Francqui Founda- and its Implica- 27. The confer- tion, in Tilburg, May 16; “Current Devel- tions for U.S. ence, organized by opments in Mediation in the U.S.,” Legal Education” the European Law sponsored by ACBMediation in The will be published Academy of Trier, Hague, May 17; “The Future of Media- in the AALS Jour- Germany, the Cen- tion in The Netherlands” workshop spon- nal of Legal Educa- ter for Commercial sored by The Netherlands Ministry of Jus- tion. Additionally, Law Studies, Queen Mary, and the Penn tice and WODC in The Hague, May 24; her article “Living State Dickinson School of Law, sought to “The Value of Mediation for ‘One-Time’ with the Bologna provide the wider legal community with and ‘Repeat’ Disputants” at Erasmus Uni- Process: Recom- current information on legal developments versity in Rotterdam, May 29; and “Com- mendations to the in the creation of an integrated European paring the Needs Currently Addressed by German Legal financial services market. In addition to Court-Connected Mediation in the U.S. Education Community from a U.S. Per- helping organize the conference, Professor and The Netherlands and Looking to the spective” has been accepted for publication Tridimas presented “Free Movement and Future” and “Is (Statutory) Regulation a by the German Law Journal. Harmonization of Securities Regulation in Good Incentive for Parties to Choose Last May in London, Professor Terry the EU.” Additional Penn State Dickinson Mediation?” in “The State of Affairs of spoke at the International Bar Association’s faculty presenting at the conference Mediation in Europe. What Can Govern- First Annual Bar Leader’s Conference to included Professor Larry Catá Backer and Pro- ments Do (More)?” at the International introduce the IBA’s proposed “skills trans- fessor Lance Cole. Expert Meeting sponsored by the Dutch fer” GATS resolution. In August, Professor Ministry of Justice in The Hague, June 29-30. Terry spoke about the U.S. Multijurisdic- Professor Nancy Welsh has two articles forth- She was also the keynote speaker and tional Practice (MJP) situation at the coming: “Comparing Court-Connected presented “Mediator Impartiality: Core annual meeting of the International Insti- Non-Family Civil Mediation: Does the Value or Optional Characteristic?” at the tute of Law Association Chief Executives. U.S. Experience Predict the Netherlands’ 15th Annual Conference for Mediators The president of the ABA recently Future?,” Trema, and “The Importance of and Arbitrators presented by the Florida appointed Professor Terry to a three-year Context in Comparing the Institutionaliza- Dispute Resolution Center in Orlando term on the ABA Standing Committee on tion of Court-Connected Non-Family Civil August 24-26. On October 20 at the Uni- Professional Discipline; Professor Terry has Mediation in the U.S. and The Nether- versity of Missouri-Columbia, Professor been active in efforts to develop interna- lands,” Forum on Conflict Management. Welsh made a presentation at a sympo- tional cooperation among lawyer discipline From January 2006 until June 2006, sium honoring the work of Professor Len agencies around the globe, which should Professor Welsh was a visiting professor at Riskin. promote global MJP and accountability. Tilburg University, Department of Private Two of Professor Terry’s GATS law review Law, in The Netherlands. While there as a articles were cited in the report submitted Fulbright Scholar, she made numerous to the ABA House of Delegates in August presentations including: “The Successful before it unanimously adopted its resolu- Institutionalization of Alternative Processes tion regarding GATS “Track 2” issues. The in U.S. Courts, the Rise of the ‘Embedded report will become the policy basis upon Neutral,’ and New Concerns About which the ABA communicates with the Courts’ Deference,” sponsored by the Pri- U.S. Trade Representative about “disci- vate Law Department at Tilburg Universi- plines” proposals from other World Trade ty in Tilburg, May 8; “Mediation: A Organization Members. Trans-Atlantic Dialogue,” sponsored by the Institut für Anwaltsrecht of The Uni- Professor Takis Tridimas helped to organize a versity of Cologne in Cologne, Germany, financial services conference titled “EU May 11; “The Rise of the Embedded Neu- 12 THE DICKINSON LAWYER

Staff One for the NOTES History Books Tamara Storey has been named as the chair of the Employee Relations Com- mittee for the Commission on Les- Have a fond memory of your old bian, Gay, Transgender, Bisexual Equi- law school days that you want to share with the rest of the world? Now’s your ty, an advisory committee to Penn chance. State President Graham Spanier. She Law School librarian and archivist also chairs the LGBT committee for Mark Podvia ’86 is collecting informa- the Carlisle Inclusive Communities tion about life as you remember it at Initiative that is working with the Dickinson Law School for a book in mayor and city council to begin initia- which he will recount the history of the Law School since its founding in 1834. tives to address the diverse population Dean Burton R. Laub first pub- in Carlisle. lished his history of the Law School in With help from community The Dickinson School of Law: Proud and activists, Tamara has begun a program Independent in 1976. Thirty years have to address the concerns of young passed since the publication of Dean women of color in the Carlisle com- Laub’s book and much has happened at the school, including our merger with munity. The mission of the program is Penn State University. We now need an to empower females between the ages updated history. of 13-18 and help them see their suc- Podvia, who has written numerous cesses by providing them with mentor- articles detailing the history of the school ing, health information, academic for The Dickinson Lawyer, will author the assistance and etiquette lessons. book. “This is not just a history of the last thirty years, but a fresh look at our history back to our founding in 1834,” said Pod- Last October, Susan Bogart co-presented via. “Dean Laub did an excellent job Emory Hall, the Law School’s home from 1890-1917 a session on student loan exit counsel- writing his history of Dickinson Law, but ing and debt management issues at the there is much that was not covered in his ial can be submitted by letter or e-mail, annual meeting of the Pennsylvania book.” or stories can be recorded and submitted The new history will be less formal on tape. Association of Student Financial Aid than Dean Laub’s book, with chapters on “It is important to have input from Administrators in Hershey, PA. topics such as student life, sports, faculty as many people as possible,” said Podvia. members, alumni, law reviews and moot “I would like to see this develop as a court teams. ‘people’s history’.” Podvia requests that anyone having Material should be mailed to Mark stories of their Law School experiences, Podvia, The Dickinson School of Law of ranging from deans to faculty members the Pennsylvania State University, 150 to classes to life in Carlisle—anything South College Street, Carlisle, PA 17013. dealing with their Law School experi- E-mail submissions should be sent to ence—should please contact him. Mater- Mark at [email protected]. THE DICKINSON LAWYER 13

The DUKE celebrates GOLDEN ANNIVERSARY

While Friday, September 1, 2006, appeared to be like any other work day for most employees at Penn State’s Dickinson School of Law, it was a very special one for Professor Louis Del Duca—one that marked the 50th anniversary of his distinguished teaching career at The Dickinson School of Law. During his tenure at Dickinson, Del Duca has been affectionately known as “The Duke,” “Luigi,” “Uncle Lou” and even “El Maestro” for his spirit-filled leadership of the old, familiar tune “Jingle Bells” at the Law School’s annual holiday party. Over the years, he has assumed many roles including mentor, counselor, advisor and friend to faculty, staff and students. Additionally, he has been known as a pioneer in the legal world, expanding international educational opportunities in the American legal system. In the late 1960s, when many educational institutions began introducing more international components into their curriculum, the dean of the Law School at the time called upon Del Duca to lead the way for The Dickinson School of Law. Del Duca will- ingly accepted the challenge and, in 1968, established Dickin- son’s LL.M. program for training foreign lawyers. Not only has Del Duca enhanced Dickinson’s curriculum through the creation and coordination of the LL.M. program, he also founded and manages the school’s summer programs in Europe. In 1980, he established the Law School’s Florence Sum- mer Abroad program with the University of Florence, Italy, and for which our law school is known worldwide,” remarked Law in the mid-1980s, he set up the Capitals of Europe program. For School Dean Phil McConnaughay. more than twenty years, Del Duca has been directing these summer Del Duca is a member of the American Law Institute and programs with a true “insider’s touch” and provides students with the U.S. Secretary of State’s Committee on International Trade a unique experience through his wealth of international compar- Law. He has served as president of the International Academy of ative law expertise and an extensive network of distinguished Commercial and Consumer Law and has been The United overseas colleagues and friends. States’ collaborator to the Rome International Institute for the “Professor Del Duca has contributed enormously over the Unification of Private Law (UNIDROIT). In 2000, Professor years to the outstanding reputation our law school enjoys among Del Duca was honored with the W. LaMarr Kopp International foreign and international scholars and officials, and he is singu- Achievement Award for his leadership in international education larly responsible for the superior LL.M. and summer programs at Penn State. 14 THE DICKINSON LAWYER

DSL ANNOUNCES TWO LARGEST GIFTS IN SCHOOL HISTORY

n January 18, Penn State University the Law School’s Board of Governors during a critical period President Graham B. Spanier between 2004 and 2005 that defined the Law School’s relation- announced the two largest gifts in ship with the University. the history of Penn State’s Montague’s high standing with traditional Law School con- Dickinson School of Law. stituencies and his commitment to excellence for the Law School The first is a gift of $15 million resulted in the agreement to establish a new Law School presence from New Jersey businessman and in University Park while preserving the Law School’s traditional philanthropist Lewis Katz, whose home in Carlisle. vision and dedicated efforts over the In recognition of his gift and his determined efforts on past three years facilitated the Universi- behalf of The Dickinson School of Law, Penn State plans to ty’s creation of a two-campus Dickinson School of Law with name the Law School’s unified library, which includes substantial new, inter-connected buildings in Carlisle, Pa., the Law School’s collections in both Carlisle and University Park, the H. Laddie Otraditional home, and in University Park, the location of Penn Montague Jr. Law Library. State’s largest campus. Montague said of his gift and efforts, “A law school with a Katz’s gift ranks as one of the single largest acts of philan- history as rich and proud as that of The Dickinson School of thropy in Penn State’s history. In recognition of his gift Penn Law deserves an equally promising future. This is now ensured State plans to name the Law School’s new signature building in not only by the Law School’s new presence in University Park, University Park the Lewis Katz Building; to recognize his but also by the Law School’s continued grounding in the tradi- extraordinary volunteer efforts on behalf of The Dickinson tions, and at the Carlisle campus, responsible for a magnificent School of Law, Penn State plans to name the new signature addi- past. I feel fortunate that I have been able to contribute to this tion to the Law School’s Carlisle facilities, Lewis Katz Hall. outcome.” Katz said of his gift and efforts, “For 173 years, The Dickin- Spanier said, “Few institutional changes in higher education son School of Law, my alma mater, has educated law students in have been as transformative or as rapid as the changes under way Carlisle who have gone on to become leaders of our communi- at Penn State’s Dickinson School of Law, thanks in large part to ties, of the Commonwealth, and of our nation. At the same the extraordinary generosity and efforts of Lewis Katz and Lad- time, the Law School’s recent merger with Penn State University die Montague. Today’s announcement illustrates the remarkably has meant dramatic improvements in faculty stature, student and successful union of the storied traditions of Pennsylvania’s oldest faculty diversity, and career opportunities for Dickinson School law school with the dynamic intellectual resources and programs of Law students and graduates. The Law School’s new inter-con- of Penn State University, one of America’s great research universi- nected facilities will enable the Law School to sustain and ties. Penn State is extremely grateful to Mr. Katz and Mr. Mon- strengthen all of these wonderful traditions and achievements. It tague for their commitment to this vision.” is my privilege and pleasure to be in a position to help my law Dickinson School of Law Dean Philip McConnaughay said, school in this way.” “The merger of The Dickinson School of Law and Penn State The second gift is a $4 million pledge from noted Philadel- University has increased applications to the Law School by over phia lawyer and trial attorney H. Laddie Montague Jr., of the 100 percent and tripled the diversity of our student body while firm Berger & Montague, PC. Montague served as chairman of simultaneously elevating academic credentials dramatically. We THE DICKINSON LAWYER 15

have been able to appoint internationally renowned faculty at the Fellow of the Ameri- very top of their fields and create unprecedented professional can College of Trial opportunities for our students and graduates. Thanks to the gen- Lawyers. erosity of Lewis Katz and Laddie Montague, we will be able to A staunch sup- sustain and build on these achievements for generations to come. porter of the Law The entire Law School community is extremely grateful.” School, Montague Katz was born and raised in Camden, N.J., and earned a established the H. bachelor’s degree in biology from Temple University. He served Laddie Montague Jr. as editorial assistant to renowned journalist Drew Pearson before Chair in Law, cur- enrolling in The Dickinson School of Law, where he graduated rently held by first in his class. He went on to establish Katz, Ettin & Levine, a human rights schol- Cherry Hill law firm, before purchasing Kinney Systems, one of ar Tiyanjana the largest parking firms in the country. Maluwa. Montague In 1998, Katz stepped into the world of professional sports also serves as chair- as principal shareholder and managing partner in a group of man of the Dickin- investors who bought the New Jersey Nets basketball franchise. son Law Association The partnership later merged with the New York Yankees to and as a member of form YankeeNets and, in 2000, added the NHL’s New Jersey the Law School’s Devils to the affiliation. While the YankeeNets partnership has Board of Coun- since been dissolved, Katz retains an interest in the Nets and the selors. Yankees. Penn State Uni- Lewis Katz Outside of his business ventures, Katz has demonstrated an versity is spending unwavering commitment to his community and his alma maters. $60 million on the He serves on the Board of Trustees of Temple University and the construction of the Board of Counselors of The Dickinson School of Law and he has Law School’s new generously supported both institutions. In 1999, Katz received signature building the Alumni Fellow Award from the Penn State Alumni Associa- in University Park. tion, and in 2004, he received the University’s most prestigious The Law School’s honor when he was presented with its Distinguished Alumni Carlisle construction Award. That same year, Temple University honored him with its budget is $50 mil- Distinguished Alumni Award. lion, $10 million Katz has supported a variety of charitable causes. He played more than the origi- a major role in developing Jewish Community Centers in Cherry nal capital campaign Hill and Margate, N.J., both named after his parents, and a new target. The Carlisle Hebrew day school in Voorhees, N.J., named after his children. budget is composed In his native Camden, Katz helped found the city’s first Boys and of $10 million from Girls Club, and he led the effort to bring a second club to the Penn State, $15 mil- city, which is to open in April. He also established an annual lion from private scholarship program for underprivileged children in Camden. philanthropy and Montague, who earned his bachelor’s degree from the Uni- $25 million in versity of Pennsylvania before graduating from the Law School, is matching funds a managing principal and shareholder of Berger & Montague from the Common- and chair of the firm's Antitrust Department. Chambers USA’s wealth of Pennsylva- America’s Leading Lawyers for Business has repeatedly recognized nia, thanks to the H. Laddie Montague Jr. Montague as one of the nation’s top antitrust attorneys. efforts of Governor Montague has served as lead counsel in several significant Ed Rendell and oth- class actions, including his role as co-trial counsel for plaintiffs in ers. The architectur- the mandatory punitive damage class action in the Exxon Valdez al firm on both projects is the Polshek Partnership of New York, Oil Spill Litigation. He is a director of the Public Interest Law with lead design architect Richard Olcott. Center of Philadelphia and was co-recipient of the Trial Lawyers The remainder of the Katz and Montague gifts will benefit for Public Justice 1995 Trial Lawyer of the Year Award. He is a the Law School's endowment. 16 THE DICKINSON LAWYER Joe Sohm, Visions of America, Getty Images Joe Sohm, Visions University Establishes SCHOOL OF INTERNATIONAL AFFAIRS Penn State University’s Board of Trustees emphasizes the practical applications of The proposal to create the new school approved the establishment of a new School knowledge for solving complex social was prepared by a faculty Strategic Plan- of International Affairs, effective July 1. The problems and the importance of high ethi- ning Committee whose members were school will be intimately linked to the Law cal standards in a variety of challenging sit- drawn from several academic colleges School. uations, Law School dean Philip across the University. Approved by the “The need has never been greater for McConnaughay explained. These charac- Faculty Senate Council in November, the professionals of all walks of life to develop teristics, together with the internationaliza- school will be multidisciplinary in its cur- a deeper awareness of a world that is increas- tion of law practice and legal education, riculum and perspectives, utilizing the ingly linked in matters of peace and securi- mean that the two schools will share simi- expertise of Penn State faculty from many ty, health and commerce, and the sharing lar educational objectives. fields relevant to international affairs. The of natural resources,” said Penn State Pres- The advanced digital audiovisual School of International Affairs plans to ident Graham B. Spanier. “We believe that telecommunications capabilities of the begin admitting students for fall 2008. Penn State can enhance its contribution to Law School’s two new buildings, in which The new School of International this multidisciplinary challenge by estab- the University is undertaking a $110 mil- Affairs is the latest in a host of internation- lishing a School of International Affairs.” lion capital investment, will offer the al initiatives under Spanier’s leadership, The new school, which will offer a School of International Affairs the ability including expanded curricular and study professional master’s degree in international to reach audiences and students throughout abroad opportunities for Penn State stu- affairs with several specialty concentrations, the world and to deliver lectures and pro- dents, the increased presence of interna- will be housed administratively within grams originating throughout the world to tional students and scholars at Penn State, Penn State’s Dickinson School of Law. audiences and students within the school. and enhanced collaborations between Penn Like the Law School, the new school State and key universities in other countries. THE DICKINSON LAWYER 17

DR. JEFFREY D. McCAUSLAND JANET MURPHY NAMED ACTING JOINS LAW SCHOOL STAFF DIRECTOR OF GRADUATE AND INTERNATIONAL PROGRAMS

In conjunction with Janet Murphy has the announcement of the joined the Law School new School of Internation- administration as the acting al Affairs (SIA), the Law director of graduate and School is pleased to wel- international programs. In come Dr. Jeffrey D. this role, she will help to McCausland, who has strengthen and enlarge the joined us as a visiting pro- Law School’s LL.M. pro- fessor of law and diploma- gram; facilitate exchange cy. In addition to advising agreements and other inter- us with respect to the SIA national linkage agreements and various international between our law school and initiatives at the Law School, other law schools around McCausland is bringing to the Law School various short-term the world; and explore and establish relationships with inter- professional leadership workshops he has developed. He will national funding agencies. She also will assist with the estab- also work with our faculty to explore how we might expand lishment of Penn State’s new School of International Affairs the Law School's continuing and professional education efforts. and will act as administrative liaison between the Law School McCausland is a graduate of the United States Military and the new School of International Affairs and other Penn Academy, West Point, and he holds a Ph.D. in International State graduate units. Relations from the Fletcher School of Law and Diplomacy at Murphy is a graduate of the University of California at Tufts University. He is a former dean of academics at the U.S. Berkeley and holds a J.D. degree from the University of Cali- Army War College in Carlisle, holder of the Class of 1961 Chair in Leadership at the United States Naval Academy in fornia Hastings College of Law. A former lawyer with the Annapolis, and director of Defense Policy and Arms Control for United States Environmental Protection Agency, Murphy the National Security Agency. As a senior Army officer, he also served most recently as the director of international and served in a variety of command and staff positions throughout graduate programs for the University of Illinois College of the United States and Europe to include command of an Law. At the University of Illinois, Murphy participated in artillery battalion during Operation Desert Storm in 1991. establishing several new education abroad opportunities for McCausland currently is a Senior Fellow of the Carnegie law students and in establishing a unique summer program Council on Ethics in International Affairs, a military analyst in intellectual property law as a joint venture with two non- for CBS television and radio (he averages thirty to fifty inter- U.S. law schools. While at Illinois, Murphy also served on views each month), a member of the Board of Advisors to campus-wide advisory committees on education abroad, the National Committee on American Foreign Policy and graduate research ethics and graduate admissions procedures director for National Security Affairs for the law firm of and was active in increasing international graduate alumni Buchanan, Ingersoll and Rooney. He has also appeared on involvement with the law school. Before joining the University CNN, CSPAN and MSNBC, and he is often quoted in pub- of Illinois, Murphy lived in Asia for nine years, where she served lications such as the New York Times, the Washington Post and on the Board of Directors of Nishimachi International School. the Christian Science Monitor. McCausland recently appeared as a special guest on Al Jazeerah Evening News. 18 THE DICKINSON LAWYER

REVIVING THE LABOR MOVEMENT The following text is the introduction to asparagus, and mushrooms. I never had new clothes, didn’t see a dentist for checkups till I was in college, and remember only one Professor Ellen Dannin’s book Taking Back visit to the doctor, to put in stitches after an accident at school. He took me as a charity case. the Workers’ Law: How to Fight the Assault Today, many in this country live in this sort of poverty and worse. In the richest country on earth, many of us live on the on Labor Rights, Cornell University Press (2006). edge, always having to tell the kids there is not enough money, never able to make ends meet, housed in ugly and dangerous A few months after graduating from law school, I decided to buildings and neighborhoods, and with hope for the future beat- stop at Detroit’s Eastern Market on the way to my new job. As I en out of us. entered an intersection, I saw the largest Chevrolet Detroit ever The gap between rich and poor yawns wide in this country made speeding toward me and my new compact car. Before I and continues to grow, because far too many are not paid was hit, I had only enough time to think, “There’s no getting out enough to live above desperation. Why is this? of this one.” Apologists for this state of affairs claim the market pays peo- When I regained consciousness, my new car was a crumpled ple exactly what they are worth. They claim that the poor have mess. I was too. I had a concussion and bruises. But with paid only themselves to blame, and the rich deserve every penny they sick leave, health insurance, and car insurance, my body was get.1 I have to wonder about people who make these claims from soon as good as new and my car was replaced. Life is better when the comfort of a class status inherited from their parents. Are you have enough money to live on. they blind to the structures that support them but weigh down Since then, I have gone on to live a middle-class life. My those at the bottom? Don’t they see that hard work often goes middle-class child has never suffered from want. Needing a new unrewarded? Do they even try to imagine what it means to be tire does not mean choosing between eating or getting to work. I paid too little to live in dignity? If they know, why do they do not live one paycheck away from homelessness. I can be con- accept this? fident that my child will have the education, parental guidance, I contend that these conditions lie more in who has power self-confidence, and connections that will enable her to pass on and who does not. Money flows to power, and power flows to her middle-class status. those with money. Over time, this cycle magnifies differences in But it was not always that way for me. That shopping trip wealth and power. Most people in this country—and in the to the Eastern market was the first time I had money. I grew up world—have neither wealth nor power. in poverty that is hard for many to imagine. I was raised by a But it does not have to be this way. In this country—and in single parent after my father deserted us. We would have starved this world—the poor get power when they are organized. For had my grandfather not given us food from his small farm, pro- workers, the best form of organization has always been unions. vided us with rabbits and squirrels he shot, and slipped money to This is the only way workers can get a more equal division of my mother. We children worked on that farm and were paid in power and money. The same workers doing the same work make food, grew our own food, and foraged in the woods for berries, from $4,000 to $10,000 more a year when they have a union.2 THE DICKINSON LAWYER 19

They can be fired only for cause instead ized. The basic law of the land is not of at an employer’s whim. They know anti-unionism. The law of the land on they have an advocate to stand beside unions says: them when there are workplace prob- lems. That’s what power and organization The inequality of bargaining power between can do. employees who do not possess full freedom of But we are on the verge of losing association or actual liberty of contract, and employers who are organized in the corporate this power and organization and, as a or other forms of ownership association sub- result, these benefits. As power and stantially burdens and affects the flow of com- organization are lost, wages and working merce, and tends to aggravate recurrent busi- conditions spiral down. There has long ness depressions, by depressing wage rates and been a wholesale attack on the key insti- the purchasing power of wage earners in tutions that create, protect, and buttress industry and by preventing the stabilization of power for those who would otherwise be competitive wage rates and working condi- powerless. tions within and between industries. This book focuses on unions and on Experience has proved that protection by law the National Labor Relations Board of the right of employees to organize and bar- (NLRB) and National Labor Relations gain collectively safeguards commerce from Act (NLRA)—the agency and the law injury, impairment, or interruption, and pro- created to promote unionization and col- motes the flow of commerce by removing cer- lective bargaining. This is not a story of tain recognized sources of industrial strife and mourning. Rather, this book advocates unrest, by encouraging practices fundamental borrowing from and building on the to the friendly adjustment of industrial dis- methods the civil rights movement, and putes arising out of differences as to wages, in particular, the NAACP Legal Defense Fund, used to recapture hours, or other working conditions, and by restoring equality of bargaining power between employers and employees…. union power. They teach us that a litigation and activist strategy can overturn unjust judicial decisions, even those by the It is herby declared to be the policy of the United States to Supreme Court. More recently, the National Right to Work eliminate the causes of certain substantial obstructions to the Legal Defense Foundation is proving that a targeted litigation free flow of commerce and to mitigate and eliminate these strategy can still be used to “amend” the law. Of course, the obstructions when they have occurred by encouraging the prac- NRTW-LDF has powerful friends who have funded and sup- tice and procedure of collective bargaining and by protecting the ported it, and it has faced fewer barriers than did the NAACP. exercise by workers of full freedom of association, self-organization, Both these groups provide models that can be used to target and designation of representatives of their own choosing, for the judicial decisions that created striker replacement, restricted the purpose of negotiating the terms and conditions of their employ- ment or other mutual aid or protection.4 right to strike, undermined the right to bargain, denied the NLRA rights of worker freedom of association and speech, and weakened remedies. These and other decisions have perverted the This declaration of worker rights is from Section 1 of the plain language and express intent of the NLRA. National Labor Relations Act. This is the Workers’ Law. The The NAACP experience provides inspiration and helpful NLRA’s insights about work, conflict, justice, and the role of law guidance. In the 1940s, institutional and legal apartheid were the are as valid today as they were when it was enacted in 1935. law of the land. An apartheid state was protected by state statutes Moreover, if unionists were drafting a statute today, surely they and Supreme Court decisions. Brave and visionary individuals would also include language about promoting freedom of associ- put together a multidecade strategy of both activism and targeted ation, self-organization, free choice representatives, equality of litigation to remake the racial landscape of this country.3 While bargaining power, improved wages and working conditions, and they have not yet achieved full success, the story is more one of collective bargaining. success than of failure. And given the forces of law and power Why, then, do so many union leaders speak so negatively arrayed against them, it is a story of the power of the weak. about the NLRA and NLRB? Union representative Wade Rathke The problems unions face today are serious, but unions are accuses the NLRB of being “complicit with employers.”5 Larry not as powerless or as friendless as were those civil rights Cohen, CWA president, advocates a national day of civil disobe- activists. Union power is rooted in the representation of a huge dience to shut down every NLRB office across the country. He absolute number of American workers who are already organ- says, “Labor needs to show the public that the NLRB is broken.”6 20 THE DICKINSON LAWYER

The AFL-CIO’s Web site is full of condemnations of the NLRA of association, equality of bargaining power, employee mutual and NLRB as worthless. aid and protection, and collective bargaining. Therefore, these This anger is nothing new. Former AFL-CIO president Lane remedies violate the NLRA’s clear language. Taken together, judi- Kirkland repeatedly said he would prefer “no law” to current cial “interpretations” have “amended” the law to put a heavy labor law and that thumb on the employer’s side of the scale. he prefers “the law of the jungle” over the current system It does not have to be this way. But as long as unionists because the law places too many restrictions on what unions attack the NLRA, as long as they go after the wrong target, can do to assist each other. “The law forces us, our unions, to they’re letting the real perpetrators off the hook and they are work on products that are manufactured by law-breaking complicit in their own demise. It is possible, instead, to go after employers, employers that are in violation of the law in fact the real problem and the real perpetrators and put an end to and in spirit… [It] forbids us to show solidarity and direct unions’ slide. The campaign must enlist allies and develop multi- union support,” he declared.7 ple strategies. There is no single solution. Each strategy is impor- tant if workers are to take back their law. Richard Trumka, while president of the United Mine Work- Law must be one part of the campaign. Labor law has enor- ers of America, described the NLRB as “clinically dead.”8 He mous potential when practiced by the creative and courageous. It told Congress: can be used to rock the boat, to push the envelope, and to push I say abolish the Act. Abolish the affirmative protections of steadily forward. labor that it promises but does not deliver as well as the sec- This book maps out a strategy to take back the Workers’ ondary boycott provisions that hamstring labor at every turn. Law and the agency Congress created for unions and workers. Deregulate. Labor lawyers will then go to juries and not to the gulag of section 7 rights—the Reagan NLRB. Unions will no A STRATEGY FOR TAKING BACK THE WORKERS’ LAW longer foster the false expectations attendant to the use of the The litigation strategy to take back the Workers’ Law is not Board processes and will be compelled to make more funda- based on a trivial, esoteric quibble about how judges have inter- mental appeals to workers. These appeals will inevitably have preted the NLRA. These decisions are lawless actions by judges social and political dimensions beyond the workplace. That is who have not interpreted the law but have rewritten it. They the price we pay, as a society, for perverting the dream of the progressives and abandoning the rule of law in labor relations. have created a law that is diametrically opposed to the language of the NLRA and to Congress’s clear intent and purpose.12 How I have a profound faith in the judiciary and jury system as it and why this happened is the subject of the early chapters of this exists at common law. It has been the enduring bulwark book. The later chapters lay out a detailed strategy to reverse against biased decision making by “experts.”9 these decisions and restore the original values and ideas of the NLRA. So if the NLRA still has strong, clear, inspiring language To develop a successful strategy it is necessary, first, to ana- advocating core labor rights, including the rights to organize and lyze what makes judges rewrite the NLRA. This information is bargain collectively, why is it today so detested by organized then used to develop ways to repeal the judicial amendments and labor? The simple answer is that the way the NLRA has been to enforce the Workers’ Law. Both trial and activist strategies interpreted and applied by judges has perverted the express lan- must be rooted in the NLRA’s policies. The law Congress enact- guage of the law.10 Union critics are right to point to problems ed was supposed to radically remake the workplace and society. It such as striker replacement, and remedies so weak as to be use- was not some timid law with hidebound procedures and trivial less.11 But they are wrong when they blame the NLRA and the rights. Sadly, most of us do not read the NLRA and are not NLRB for these problems. aware of what it was enacted to do. We have come to believe that The NLRA does not say strikers may be replaced. Section the law as amended by judges is in the NLRA. To repeal those 8(a)(3) says that an employer who retaliates against employees judicial amendments, we need to know what the NLRA says. In for their union activities violates the NLRA. Section 13 says that this book, the core chapters lay out ways to use the NLRA’s poli- the right to strike is not to be interfered with or impeded or cies as the foundation on which to build a litigation strategy. diminished in any way. Despite this clear language, the Supreme The book also looks for legal allies that can help restore the Court invented the employer’s ability to replace strikers out of Workers’ Law. Some of these allies are our founding documents, whole cloth. This judicial amendment must and can be overturned. the Declaration of Independence and the United States Consti- Section 10(c) says that remedies must make the NLRA’s tution. The NLRA also has allies in international law. It cannot purposes effective. Unfortunately, judges’ interpretations have be said too strongly that the judicial amendments do not meet created a menu of remedies that fail to make the NLRA more human rights standards.13 All these documents create a law con- effective. They do not promote NLRA policies, such as freedom sistent with the NLRA as enacted by Congress. THE DICKINSON LAWYER 21

THE ATTACK ON UNIONS What employer would bargain when the law says it can insist on Just how badly have the courts distorted the law and set the what it wants even if it is unreasonable and that it can reach United States at odds with international law and the NLRA? As impasse, implement its final offer, lock out workers, replace strik- an example, here is how collective bargaining is supposed to ers—and use all this as a tool to deunionize and to send a cau- work under the NLRA. The employer and union are to meet as tionary message to other workers about what happens to employ- equals in terms of bargaining power, to codetermine the condi- ees who vote for a union? tions of work. They are to negotiate, using their full powers of This is not the only attack on the NLRA and NLRB. persuasion, including the right to strike. The right to strike is Republican Congresses have weakened unions directly with fully protected by Section 13, and it is illegal to interfere with actions such as denying employees of the Department of Home- that right, impede its exercise, or diminish it. Employers who fail land Security the right to join a union, and a Republican presi- to bargain in good faith violate the NLRA. They cannot fire or dent destroyed the Professional Air Traffic Controllers Organiza- retaliate against workers who support unions, who join with tion (PATCO). They have also weakened unions by boldly other workers to improve each other’s working conditions, or attacking the NLRA and NLRB. Congress has tried to restrain who strike in order to improve their own or other employees’ the NLRB from prosecuting employers for refusing to hire salts working conditions. (workers who apply for jobs in order to organize an employer) When an employer does any of these things, Section 10(c) and from expanding the use of Section 10(j) injunctions.16 Con- imposes whatever remedies are necessary to promote the NLRA’s gress has so severely restricted NLRB budgets that investigator policies. These policies include “encouraging the practice and and attorney staffing in regional offices fell from 930 in 1994 to procedure of collective bargaining” and “protecting the exercise 874 by 1999. This has led to a severe backlog of cases.17 by workers of full freedom of association, self-organization, and These actions are part of a program that is returning union- designation of representatives of their own choosing, for the pur- ization to its numerical levels and status before the NLRA was pose of negotiating the terms and conditions of their employ- enacted. Those were not good times for unions. The NLRA ment or other mutual aid or protection.” If an employer illegally replaced a system that saw unionization as an illegal conspiracy discharges a worker, the backpay awarded must be substantial with one that said unionization was a legal right and a social enough to ensure that workers feel free to associate with one necessity.18 With this multipronged extremist attack on union another and to support their union and to encourage the rights, unions have not fared well. Unionization has plummet- employer to abide by the law. ed,19 and with it the working standards and prospects for so But here’s how “collective bargaining” works under the judi- many of us and our families and neighbors.20 As power has tilted cial amendments. If a union and employer reach an impasse in ever more toward employers, workers have lost the ability to be bargaining, the employer may implement any part of the terms it heard and to negotiate their workplace conditions. calls the final offer. Nothing requires, or even encourages, the This shift in workplace power affects all of us. In the United employer to try to reach middle ground and an agreement. If the States, virtually all social benefits come through the workplace union strikes, the employer may hire new workers to permanent- and not from the state. As a result, anything that shifts the bal- ly take the jobs of the strikers. Even though the strikers may ance of power toward employers and away from employees has never get their jobs back, this is not to be treated as firing strik- direct consequences for the welfare of individual workers and ers because of their union activities. If the employer bargains in their families. Our children are robbed of a fair start in life. bad faith, it is simply ordered to bargain in good faith and to Lower wages mean less money to spend and fuel the economy. post a notice telling employees it will bargain in good faith. If Children who are raised poor suffer from that deprivation all the union doesn’t strike, the employer can lock out the workers their lives. Some have no reason to buy into the society and may and hire “temporary” replacements. The average lockout now then fight back against it—through crime, for example. lasts more than three years, so those temporary replacements will The consequences, however, are even more serious than fill those jobs for years.14 a decline in social welfare: our very democracy is at risk. Unions In short, the courts rewrote the NLRA to permit employers and union members play a powerful role in promoting demo- to exit collective bargaining and dictate the terms of work. An cratic values and action. They are active in all phases of the elec- employer can retaliate against workers by taking away their jobs toral process, from registering new voters to getting out the vote through a lockout or through permanent replacement if they to lobbying for new laws that benefit us all. Unions were instru- strike. Moreover, the courts say that Section 10(c) may give only mental in the enactment of Title VII, the Occupational Safety the most limited of remedies.15 and Health Act (OSHA), the Family and Medical Leave Act In doing so, judges have taken away the rights the law gave (FMLA), the Americans with Disabilities Act (ADA), increased to workers and have given employers virtually irresistible incen- minimum wages, improved unemployment insurance, the tives and opportunities to avoid unions and collective bargaining. Employee Retirement Income Security Act (ERISA), and many 22 THE DICKINSON LAWYER

other laws.21 These laws make all workplaces safer and provide These attacks actually make the NLRA and NLRB less greater equality of access to jobs and fair treatment. effective. The public servants who work for the NLRB are them- Some argue that union decline means that unions are no selves members of unions. They work for the NLRB because longer useful. Some claim that unions are adversarial in an era they believe in the Board’s mission. Consider the impact on the when what is most needed in the workplace is cooperation. morale and effectiveness of these workers—and union brothers Nothing supports these claims. Day after day, unions are and sisters—when they are under attack from both the right and actively involved in protecting workplace privacy, living wages, the left. These attacks also hurt workers because they are so gender and racial equality, and workplace safety. Unions are the broad that workers may not go to the NLRB, even when it is only ones that enter every fight for all these rights and more. their only recourse. Only unions give workers the information they need to protect Unions need to be more active in filing Board charges and themselves. using the law. (Chapter 8 discusses strategies for using the Board If there were no more unions, how long would these laws to enhance union strength and the right to organize.) Because exist? Would new laws be enacted to meet new problems? Would statistics on filed charges are used to measure the level of law vio- they be updated as the need arises? How can a system of individuals lations, when unions let unfair labor practices go without filing come together to exercise the power and vision that make this charges, they send a message that we have achieved labor peace. happen? Who would do the lobbying and research? Who would Filing charges demonstrates to workers that employ- get out the vote for sympathetic legislators? Without union sup- er actions are illegal. An increase in filing also sup- port, eventually these laws and their protections would be lost. ports the case that the NLRB needs more staff and The judicial rewriting of our fundamental collective bargain- more funding. Rather than calling for sit-ins at ing law means that, in the international arena, the United States NLRB offices, union leaders should be sitting in at is a country that fails to abide by international laws declaring congressional offices. They should be even more that freedom to join a union is a fundamental human right. vocal on judicial appointments, and they should Human Rights Watch’s comprehensive report Unfair Advantage22 demand money and respect to strengthen the details how U.S. labor law now betrays its promise. NLRA. To take back the Workers’ Law, unions It may be easy to shake off concern for the poor or for the must support the NLRB as an institution and opinion of the international community, but all of us are poorer attack those who have undermined it. They must in innumerable ways when workers are denied their rights under develop a multipronged strategy to take back the the NLRA to collectively assert power. It is, therefore, in the NLRA so workers have the power to stand up interest of our entire society to make effective the promise of the against corporations. Staughton Lynd said, “From NLRA to protect workers’ “right to self-organization, to form, my point of view, the historical miscarriage of the join, or assist labor organizations, to bargain collectively through NLRA makes it more and not less important to ‘cel- representatives of their own choosing, and to engage in other ebrate and seek to restore to its intended vigor the concerted activities for the purpose of collective bargaining or right to engage in concerted activity for mutual aid other mutual aid or protection.” or protection.’”23 Unions need to wage a broad campaign that WHAT CAN UNIONS DO? speaks to this country’s workers in language about Ultimately, union success or failure depends on attacking working-class and democratic values. Unions those who have led the campaign against unionization. Proposals must challenge their political foes and support to replace the NLRA or to avoid the NLRB fail to take on the their allies. As part of this effort, unions must fundamental problem unions face. The NLRB and NLRA are be in the forefront of developing a litigation weak because they, just as much as unions, have been under strategy to reverse the judicial amend- assault. Attacking the NLRA and NLRB means that unions have ments and restore the NLRA to its failed to take action to protect the precious resource that the original purpose. They must NLRA is. Furthermore, attacking the NLRA and NLRB is not fight to make the NLRB a cost-free. powerful institution Attacks distract unions from going after the real sources of that can uphold their problems. It is curious that more union leaders have not worker rights. considered why their allies in assaulting the NLRB are archcon- A litigation servatives. Why have unions not thought about whose interests strategy can achieve they promote when they are on the same side as those who pro- these goals without the mote corporate interests? need to campaign for THE DICKINSON LAWYER 23

new legislation. These ideas are novel, and it is reasonable to be out, given the power of those against it and the lack of union skeptical. They are based on the contention that, since judges’ voices in support of the NLRB? Unlike unions, the Republicans decisions have radically altered the plain language of the NLRA, take the NLRB very seriously and have gone to the mat to pre- it is judges themselves who must be called to account. vent the appointment of NLRB members who would be sympa- First, consider the legal protection of salting. Salts are work- thetic to labor and to the NLRA’s policies and to ensure the ers who apply for jobs in order to organize nonunion employers. appointment of pro-business, anti-NLRA members. How long Once hired, they boldly assert their rights under the NLRA. will these NLRB cases stand in the face of this campaign to Having someone in the workplace who is fearless in advocating destroy the Workers’ Law? unionization can be a powerful tool. If employers fire a salt for Or consider the Supreme Court’s decision in the case of promoting unionization, unions lose an advocate but can file Lechmere, Inc. v. NLRB.26 This case is widely seen as an anti- charges with the NLRB to prosecute the employer for violating union decision that makes organizing more difficult. Lechmere’s the law. store was located in an open shopping plaza. When union organ- Over the years, the NLRB has found it a violation of the izers tried to place union literature on employees’ cars in the far law to fire a salt for union activity or to refuse to hire a salt. But end of the parking lot, Lechmere threatened them with arrest for the courts of appeals were hostile to salting. They reversed case trespass. Those who refer to the NLRB as labor’s enemy should after case. Despite this, the NLRB steadfast- recall that the Board decided that union organizers had the right ly supported the right to use salting as an to go onto Lechmere’s property to organize workers. It was the organizing tactic. In 1995, the NLRB Supreme Court that decided the employer’s property rights persuaded the Supreme Court that its trumped its employees’ NLRA rights. The Court—not the interpretation was right.24 As a NLRB—made it harder for unions to organize. result, an employer could not There is a second aspect of the Lechmere decision that is refuse to hire and could not dis- more subtle but potentially more damaging to employee rights to charge an employee for being a organize and engage in collective bargaining. In order to decide salt. the case as it did, the Supreme Court had to define the word That is not the end of the “employee.” It said “employees” meant only the employees of a story, however. Employers specific employer. This is the common meaning of the word, but were outraged that they the NLRA says exactly the opposite. The NLRA says that the could not refuse to hire pro- term employee “shall include any employee, and shall not be limit- union workers who were ed to the employees of a particular employer.”27 This definition is also fearless organizers. So intended to promote and protect worker solidarity across the the Republicans held con- workplaces.28 gressional hearings at which Thus, under the NLRA, Lechmere’s employees, the union they condemned the organizers, and workers at other employers were all employees NLRB’s decisions, attacked and had the right to make common cause with one another so the NLRB for prosecuting that they could increase their bargaining power and improve employers who discrimi- their working conditions. But the Supreme Court majority made nated against salts, and that very difficult when it wrote the Lechmere decision. tried to enact laws It is hard to believe that justices of the Supreme Court can- reversing the Supreme not read the plain words of a statute, but the only other explana- Court. They have so far tion is that they decided to judicially “amend” the NLRA. In try- been unsuccessful in ing to understand what drove the Court to do this, it is not amending the law or enough to attribute its decision solely to class bias. Doing so using the power of the does nothing to change this sort of decision making. To make budget to prevent the effective change it is necessary to explore what affects judges so NLRB from enforcing that they engage in judicial amendment. In Lechmere, this was a the law and protect- force that was powerful enough that the justices decided the case ing organizing.25 that overturned the plain language of the law. Understanding the But how long processes that lead to judicial amendments makes it possible to can the agency hold develop effective strategies to counter them. 24 THE DICKINSON LAWYER

MAKING THE NLRB PART OF THE SOLUTION of workers. Even now, some unions use NLRB filings, decisions, Not only is the NLRB not the enemy, but unions can make and settlements for propaganda value. They send out messages to it part of the solution. True, the NLRB cannot do everything for the workers and call press conferences to announce that the gov- unions, but the union movement would benefit enormously by ernment had decided that an employer is a lawbreaker. Even in thinking creatively about how to make the best use of the NLRB this antigovernment age this is a powerful statement. But when and the NLRA, rather than throwing them away because they unions vilify the NLRB and NLRA, they risk hurting labor’s are not perfect. image. Union leaders need to ask why any worker would risk Of course, the truth is that unions have not avoided the becoming a member of a movement that says its worst enemy is Board. Labor’s infantry knows it needs the NLRB. They know a small government agency. that the NLRB is the only place to go for some remedies. No law Of course, and as our labor leaders know, U.S. common law other than the NLRA makes it illegal to fire workers discharged was and is uniformly hostile to unions and the rights of workers. for union activities. True, the current remedy is not adequate, Thus Congress had to pass law after law before it could outlaw but it does provide reinstatement and backpay. While it would the common law labor injunction and overrule court decisions be better to have a larger remedy, these are certainly better than that said labor unions were criminal conspiracies. Even now, the no remedy at all. There is a price to be paid for union rhetoric common law says that an employer can fire a worker for no rea- against the NLRB. For example, I have seen workers who heard son or a bad reason. If the NLRA were repealed, all workers this message fall prey to charlatans who told them that they would be covered by that law. should not go to the Board. They offered to represent the work- Workers in unorganized workplaces—that is to say, most ers in court and promised huge awards. Of course, those cases workers in the United States—are especially vulnerable. They were quickly dismissed because the only remedy is through the may not be aware that the NLRA applies to them. Employers Board.29 who retaliate against them for taking the first fledging steps Union leaders also need to consider how their anti-NLRB toward collective action violate the law. Recent NLRA cases have rhetoric affects the public servants who work for the NLRB, who protected employees who spoke out against a wide range of care about its mission, and who put in long hours trying to employer policies, who challenged rules telling them they could enforce the law. These are potential allies labor should not alien- not discuss their working conditions, and who blew the whistle ate. Union leaders need a steady stream of young people who are on their employer’s illegal conduct.30 Without the NLRA, they eager to go to work for the NLRB because they want to promote would have no protections at this critical stage. justice and enforce the Workers’ Law. Union leaders need to ask This is not to say that the NLRA and NLRB don’t have how attacking the NLRB affects who applies for a job with the flaws. Their critics have made valid charges about the NLRA, the Board. They should work to make these jobs attractive to gradu- NLRB, and problems unions face in relation to them. Taft-Hart- ates from labor studies, industrial relations, or other labor-friend- ley outlawed important union economic weapons and organizing ly programs. Unions need to make working for the NLRB a tools. Election processes can too easily be subverted by anti- legitimate career goal for these students. union employers,31 the appeal process means waiting years for a NLRB employees know the remedies are too weak, but they remedy, and remedies are so late and so weak that it may pay to also know what it means to help people who are in desperate cir- violate the law. Add to this that NLRB regional offices are peren- cumstances. From my years with the NLRB, I carry the memory nially understaffed, and some Board personnel are bureaucratic of people in trouble who were profoundly grateful that their gov- and unsympathetic. ernment had provided them an attorney at no charge who would In short, the problem is not criticisms; it is that the criti- fight for their rights. Even years after I left, I occasionally cisms have been so extreme that they encourage discarding rights received thanks from people who said I had made a difference in and what can be a useful tool for unions. As long as unions still their lives. have these tools and these rights, they need to take a course that The NLRB is staffed with many dedicated workers—who is realistic and strategic. This book does not argue that the themselves are unionized—who work hard to further the NLRA’s NLRA is a panacea or that it can solve all labor’s problems. No goals of promoting equality of bargaining power, collective bar- one thing—not even if unions devoted 100 percent of their gaining, and freedom of association. The NLRB has supporters budgets and time to organizing—can alone make the difference who have good reasons to feel the way they do. in union success or failure. This book attempts to open a discus- What I propose is building on what exists to make it more sion on strategies to make better use of the NLRA and the effective. I contend that the NLRB can be used even more strate- NLRB now, even without statutory reform. gically by unions to increase union power and improve the lives THE DICKINSON LAWYER 25

NOTES 1See Michael D. Yates, Naming the System: Inequality and Work in the Global Economy (2003). 2Barry T. Hirsch & David A. MacPherson, How Unions Help Bring Low-Wage Workers Out of Poverty: Pay of Union and Nonunion Workers in Selected Occupations 2002, http://www.aflcio.org/joinaunion/why/uniondifference/uniondiff11a.cfm; Lawrence Mishel & Matthew Walters, How Unions Help All Workers (Aug. 2003), http://www.epinet.org/content.cfm/briefing papers_bp143. 3Richard Kluger, Simple Justice (1975). 4NLRA § 1; 29 U.S.C. § 151 (emphasis added). 5Wade Rathke, Majority Unionism: Strategies for Organizing the 21st Century Labor Movement (June 2002) (unpublished paper); see also Barbara Ehrenreich & Thomas Geoghegan, Lighting Labor’s Fire, The Nation, Dec. 23, 2002, http://www.thenation.com/doc.mhtml?i=20021223&s=ehrenreich. 6Michelle Amber, AFL-CIO Convenes Organizing Summit to Find New Ways to Expand Membership, Daily Lab. Rep. (BNA), C-1 (Jan. 14, 2003). 7Kirkland Calls for Excluding Employers From Election Process, Daily Lab. Rep. (BNA), D8 (June 18, 1993); Kirkland Says Many Unions Avoiding NLRB, Calls Board an “Impediment” to Organizing, Daily Lab. Rep. (BNA), A-11 (Aug. 30, 1989); Senate Labor Subcommittee Holds Hearing on Organizing Right Under Taft-Hartley Act, Daily Lab. Rep. (BNA), A-11 (Feb. 1, 1988). 8Richard Trumka, Build Rank-and-File Activism, in The Future of Labor 64 (Labor Research Association 1992). 9Richard Trumka, Why Labor Law Has Failed, 89 W. Va. L. Rev. 871, 881 (1987): If section 7 of the Wagner Act were repealed, unions would be thrust back into the common-law regime existing in the 1920s. The common-law doctrines of prop- erty, contract, and tort law used by employers’ lawyers have never been repudiated by the courts. They are not applied today for the simple reason that statutory rights have taken precedence over them. In the absence of the protections provided by section 7, however, twenty-first century courts would apply existing common law doctrines. Janice R. Bellace, The Future of Employee Representation in America: Enabling Freedom of Association in the Workplace in Changing Times Through Statutory Reform, 5 U. Pa. J. Lab. & Emp. L. 1, 7 (2002). 10Karl E. Klare, Judicial Deradicalization of the Wagner Act and the Origins of Modern Legal Consciousness, 1937-1941, 62 Minn. L. Rev. 265 (1977-1978); Karl Klare, Critical Theory and Labor Relations Law, in The Politics of Law 61, 62-63 (David Karirys ed., rev. ed., 1990). David Brody points out: “[The judicial] work of inter- preting labor’s rights out of existence has steadily proceeded. The incremental dismantling of the duty to bargain … can be replicated many times over in the case law gov- erning interrogations, captive audience meetings, union access, coercive speech, you name it.” David Brody, Labor vs. the Law: How the Wagner Act Became a Management Tool, 13 New Lab. Forum (Spring 2004). 11For examples of this discussion, see Labor Notes Roundtable, Organizing: What’s Needed (Nov. 2002-Apr. 2003), http://www.labornotes.org/archives/2003/organiz- ing.html. 12“In a variety of contexts, the Supreme Court, often with the prodding of the circuit courts, and sometimes, particularly in the 1980s, even the Board itself, has provided cramped and narrow interpretations of the Act that have countered its basic policy contained in the preamble.” William B. Gould, Labor Law and Its Limits: Some Proposals for Reform, 49 Wayne L. Rev. 667, 674-75 (2003). 13Human Rights Watch, Unfair Advantage: Workers Freedom of Association in the United States Under International Human Rights Standards (2000). See ILO Conven- tion No. 98, Right to Organise and Collective Bargaining Convention, 32 Sess., art. 1 (1949); ILO Convention No. 87, Freedom of Association and Protection of the Right to Organise Convention, 31st Sess., art. 11 (1948); see also ILO Convention No. 154, Collective Bargaining Convention, 67th Sess. (1981); ILO Declaration on Fundamental Principles and Rights at Work, 86th Sess. (1998). 14Michael LeRoy, Lockouts Involving Replacement Workers: An Empirical Public Policy Analysis and Proposal to Balance Economic Weapons under the NLRA, 74 Wash. U. L. Q. 981 (1996). 15“The remedies, along with substantive law, have been fashioned without regard to the broad equitable purposes of remedial authority, i.e., to act both as a prophy- lactic and to reorder the employment relationship.” Gould, Labor Law and Its Limits, 675. 16Id. at 676-77; United Automobile Workers, Community Action Program, Labor Laws: Assaults on the National Labor Relations Act (2001), http://www.uaw.org/cap/01/issue/issue06-2.html. 17Office of the NLRB General Counsel, Memorandum GC 03-01: Summary of Operations Fiscal Year 2002 (Feb. 4, 2003), http://nlrb.gov/gcmemo/gc03-01.html. 18For a description of pre-NLRA judicial values, see Reinhold Fahlbeck, The Demise of Collective Bargaining in the USA: Reflections on the Un-American Character of American Labor Law, 15 Berkeley J. Emp. & Lab. L. 307, 312-15 (1994). 19In 2002, 13.2 percent of workers were union members, down from 13.4 percent in 2001. The number of persons belonging to a union in 1983 fell by 280,000 to 16.1 million in 2002. Department of Labor Bureau of Labor Statistics, Union Members in 2002, USDL 03-88 http://www.bls.gov/cps/ (Feb. 25, 2003). 20See Valerie E. Lee & David T. Burkam, Inequality at the Starting Gate: Social Background Differences in Achievement as Children Begin School (2002); Lawrence Mis- chel et al., The State of Working America, 2002/2003 (2003). 21Michael D. Yates, Why Unions Matter 81-103 (1998). 22Human Rights Watch, Unfair Advantage. 23Staughton Lynd, Communal Rights, 62 Tex. L. Rev. 1417, 1424 (1984). 24NLRB v. Town & Country Elec., Inc., 516 U.S. 85 (1995). 25Rep. Johnson Issues Statement on Emerging Trends in Labor Laws in U.S., U.S. Fed. News, May 10, 2004; Salting: A House Bill Blocking Companies from Having to Hire Union Organizers, 54 Underground Construction 8 (July 1, 1999); James Worsham, House-Passed Bill Would Help Firms Resist Union Organizing, Nation’s Business, June 1998, at 8; Prepared Statement of Associated Builders and Contractors ABC Before the House Small Business Committee, Federal News Service, Mar. 4, 1998. 26502 U.S. 527 (1992). 27§ 2(3); 29 U.S.C. § 152(3) (2002). 28In fact, Congress rejected limiting the definition of employee to the employees of a particular employer and even to those in the same industry, a limitation found in the Norris-LaGuardia Act, 29 U.S.C. § 113(a) (2002). Richard Michael Fischl, Self, Others, and Section 7: Mutualism and Protected Protest Activities under the National Labor Relations Act, 89 Colum. L. Rev. 789, 852 (1989); George Feldman, Workplace Power and Collective Activity: The Supervisory and Managerial Exclusions in Labor Law, 37 Ariz. L. Rev. 525, 526 (1995). 29Ellen Dannin, Finding the Workers’ Law, 8 Green Bag 19 (2004). 30William R. Corbett, Waiting for the Labor Law of the Twenty-First Century: Everything Old Is New Again, 23 Berkeley J. Emp. & Lab. L. 259, 287 (2002). 31For some recent examples, see Office of the General Counsel, Division of Operations-Management, Administrative Investigations vis-à-vis Hearings in Post-Election Proceedings, Memorandum OM 04-26 (Feb. 12, 2004), http://www.nlrb.gov/nlrb/shared_files/ommemo/ommemo/om04-26.pdf; Office of the General Counsel, Division of Operations-Management, “Test of Certification” Bargaining Order Summary Judgment Cases, Memorandum OM 04-25 (Feb. 12, 2004), http://www.nlrb.gov/nlrb/shared_files/ommemo/ommemo/2004index.asp. 26 THE DICKINSON LAWYER

AN INTERVIEW with ELLEN DANNIN Taking Back The Workers’ Law

By Michael D. Yates Reproduced from MRZine with the permission of The Monthly Review Foundation

Ellen Dannin is one of the most eminent labor law scholars in the United States. A former National Labor Relations Board (NLRB) attorney and currently professor of labor law at The Pennsylvania State University’s Dickinson School of Law, Ellen is also a champion of working-class rights. Her new book, Taking Back the Workers’ Law: How to Fight the Assault on Labor Rights (Cornell University Press, 2006), combines her scholarly under- standing of U.S. labor law and her commitment to rebuilding the U.S. labor movement. While many in organized labor say that U.S. labor law, the NLRB, and the courts are so hostile to workers that unions should avoid using them, Ellen argues organized labor and its allies must engage in a broad struggle to bring to fruition the democratic and pro-labor core of the labor law. At the center of her argument is a litigation strategy, pioneered by the civil rights movement, aimed at relentlessly and creatively bringing to both the NLRB’s and the courts’ attention the stated values and purposes of the National Labor Relations Act, com- pelling them by the force of the litigation and the zeal of its sup- porters to make rulings that effectuate these values and purposes.

Michael Yates (MY): Ellen, before we discuss your new book, perhaps you could tell MRZine readers a little about yourself.

How did you come to be interested in labor law and the role law Photo: Rick Bielaczyc can play in people’s lives? The first I heard about unions was as a child when farmers Ellen Dannin (ED): To answer that you need to know some- were dumping milk to protest milk prices. My grandfather was a thing about my background. To me these issues are not theoreti- farmer and selling milk was a large part of his income, so these cal. They matter on a personal level. issues mattered to us personally. Around the same time, I saw I did not grow up in a union family. I grew up very poor in civil rights protests in the news, and I was inspired by the an impoverished rural area of Ohio. It was not until junior high courage of the protesters and the justice of their cause. school that I even had teachers with bachelor’s degrees. THE DICKINSON LAWYER 27

When I was about ten, I got my that, for hundreds of years, judges have You can see just how radical a piece of brother and sister to march in front of our consistently overturned laws intended to legislation it is when you read the parts of house with signs demanding more pay and allow workers to form unions or guilds or the NLRA that set out its policies. Those less work. This was a tiny town of less to strike or boycott for fair working condi- policies state that the purpose of the than 1,000 people, and they were scandal- tions. In cases where judges have not over- NLRA is to protect and promote worker ized. My mother, though, thought it was turned these laws, they have interpreted mutual aid and protection, and the right pretty funny. She called herself a Republi- them into meaninglessness. This is still the to act collectively with any worker—not can, but she sympathized with the civil case today. There is no US workplace law limited to those employed by the same rights protests. that judges have not gutted through inter- employer, and to strike. The purpose of It took me a long time to get through pretation. these protected rights was to create equali- college. I put myself through school and My view is that judges do this for a ty of bargaining power and to promote the had to drop out for a few years when I ran number of reasons. One is that the com- practice of collective bargaining in order to out of money. During that time I decided mon law tradition is quite strong. We raise wages, to improve working conditions, that what I ultimately wanted to do was lawyers learn common law ideas as the and to establish stable terms of work with- become a lawyer. I liked to write and I basis for our entire legal education. As a in and among industries. In other words, wanted to do justice. Law seemed the best result, when we encounter new situations, it intended to put an end to playing work- way to combine the two. When I finally we tend to turn to the common law for ers off against one another in a bidding got back to college, I studied the equal answers. In addition, many judges do not war to lower wages and working conditions. rights and women’s suffrage movements have any personal experience with the lives Compare this to our common law around the time of the Civil War. That most people live. It is a closed book to tradition of master-and-servant law where was when I really became interested in them. But they do understand business, the master/employer owns the job and the unions. When I went to law school I had and they understand their own lives and servant/employee may have access to the decided I wanted to practice labor law. interests and those of people like them. I job only by the master’s permission. think that while some judges may be biased MY: Until Congress passed the National against workers, most are just ignorant. MY: How has the radical promise of the Labor Relations Act in 1935, workplace Unfortunately, with the appointments NLRA been subverted? How have things relationships were governed by the com- made to the federal courts of appeals in reached the point that, as you note in the mon law. What exactly is the common recent years we may have far more judges book, AFL-CIO vice president and former law? Why was (and is) it so hostile to whose decisions are made through the lens United Mine Workers president Richard working people? of their limited understanding. Trumka, himself an attorney, can argue that the NLRA should be repealed and we ED: All countries that were British MY: What changed with the enactment of should go back to the legal regime of the colonies use the common law system in the NLRA? Why was this such an impor- common law? which law is developed by judges as they tant, even radical, piece of legislation? decide cases. This system is over a thousand ED: The NLRA has been subverted in sev- years old. There were some statutes even ED: First, the NLRA was enacted against eral ways. One was that in its critical early hundreds of years ago, but most of the law a background in which the courts had years several things happened that prevent- was—and still is—found in court decisions. repeatedly overturned progressive legisla- ed the NLRB from developing the law The basic common law still applies to the tion, and Congress had reacted by passing along the lines Congress had spelled out. workplace. This includes at-will employment, new laws to “overrule” the courts’ deci- First, as soon as it was enacted, which permits an employer to fire a worker sions. This meant that the NLRA was employers began filing injunction cases to without just cause, master-and-servant law, drafted with an eye to making it stand up prevent its operation. Every time someone which means just what is says, “freedom” under judicial scrutiny. filed an NLRB charge against an employer, of contract, which has been consistently This can be seen in its policy sections the employer went to court to get an used to take away any protections for which spell out in no uncertain terms injunction to keep the NLRB from acting. workers, and property law, which gives what the purpose of the law is. Congress These tended to be dismissed, but the employers property rights in the job and had hoped, since judges are supposed to effect of having to spend so much time in gives workers none. interpret laws in a way that promotes their court took away energy and attention from Why is the common law so hostile to policies, that, if Congress was clear about making the law effective. working people? That’s a good question. its policies, judges would be unable to Second, the NLRB was focused on We certainly know that is. We can see overturn and subvert the law. ensuring the NLRA would be found con- 28 THE DICKINSON LAWYER

stitutional. Everyone knew that the organize unions, and by expanding that NLRB and NLRA for not being perfect, Supreme Court was likely to find it one case, they made that the reality. In but that ignores the fact that it still pro- unconstitutional, because it had just done fact, the NLRB has no power to rule on vides remedies for workers fired for union so with a similar law. So enormous graduate student rights or any worker activities. Sure, it may only be a few thou- resources went into developing records rights except as to those in the single case sand dollars, but, for the average worker in that would lead the Court to uphold the that is before them. Unfortunately, many this country, that is real money. NLRA. As we now know, the law was union supporters gave that one case the There is no question in my mind that upheld for various reasons, including power that the NLRB could not. This is this law can become what its drafters changes in the Court’s makeup. But while not the only case where this has happened. meant for it to be—the Workers’ Law—if the focus was on this one critical issue, We have to stop ceding territory. we want it to be and if we are willing to attention was taken from other important Third, my view is that you get put as much work into this project as in legal issues. nowhere by thinking small and by being attacking the NLRA. Third, NLRB attorneys suffer from defeatist. To get rights, you need to claim the same limits of imagination we all do. them. A good example is Kyle MacDonald MY: Can you tell us, without of course In early cases, they made concessions as to who spent a year making trades starting going into the detail you do in the book, how the law should be interpreted. As it with a red paper clip and ending with a the basics of your strategy for “taking back has turned out, many of those concessions house. (See .) the Workers’ Law”? have come to undermine key parts of the He was helped by getting publicity for his statute. cause. The publicity created allies who ED: Probably the best way to summarize Finally, I don’t think the NLRB attor- helped him get what he wanted. I am cer- it is to say that I constructed this strategy neys were really ready to cope with the tain that at the start and along the way he by borrowing from the NAACP Legal forces that make judges judicially amend had people who told him he was crazy and Defense Fund strategies developed in the workplace laws and, as a result, destroy it could not happen. They were thinking late 1920s to overturn the legalized racial their effectiveness. small and realistically. He was scheming to apartheid that was then the law of this When I look at all of these problems, make the most of his opportunities. country, a law fixed in statute and in deci- it becomes apparent that the NLRA has Unions and their allies need to draw a sions by the U.S. Supreme Court. I told yet to be enforced as intended. lesson from this story. you earlier that as a child I was impressed Most NLRA critics will tell you that by the Civil Rights movement. I read MY: You disagree completely with Trum- the law was passed to promote interstate Richard Kluger’s Simple Justice—the story ka. Why? commerce and therefore it is no good. They of the path to Brown v. Board of Education— are correct that the NLRA does include just after I finished law school, and that ED: First, I cannot understand how any- promoting interstate commerce as one of made a huge impression on me. one can see the common law as the work- its policies. But that is only one of its poli- The NAACP LDF lawyers were brave ers’ friend. It never has been. There is just cies. It is not the whole policy. Yet NLRA and visionary individuals. They created a no question that the NLRA still offers far critics talk as if promoting collective bar- multi-decade strategy of education, target- more protections than does at-will gaining, equality of bargaining power, and ed litigation, and activism directed to employment, master-and-servant law, all the other NLRA rights and policies changing this country’s dominant values employer property rights in the job, and should be tossed away because the word and to remake the legal and social land- workers’ freedom to contract away their commerce is used. scape of this country. protections. That’s what the common law And maybe it would have been better They have not yet achieved full suc- offers. had it been grounded in the Thirteenth cess, but their story is more one of success Second, I see no reason to declare Amendment or the First Amendment. But than one of failure. The NAACP experi- unilateral withdrawal and cede territory that is not what happened. ence teaches us that it is possible to over- that should be the workers’ territory. I So the choice we now have is whether turn unjust judicial decisions, even those think we need to fight where the battle we throw away the law we do have on the by the Supreme Court. And given the lines are now, not withdraw to ever smaller hope that someday there will be a good forces of law and power arrayed against and weaker “rights.” I saw that happen Congress and a good president and we will them, the lesson of the civil rights move- recently when the Brown University case get the perfect law, whatever that law is. ment is the power of the weak—when on graduate students’ rights was handed I come from poverty, and the way I they are organized and strategic. down by the NLRB. Everyone acted as if see it, you do not throw out anything that Taking Back the Workers’ Law advo- it meant that no graduate students could has some use. It is easy to dismiss the cates creating both a campaign to change THE DICKINSON LAWYER 29

this country’s dominant values and a tar- would enlist in and support this fight, discuss the strategy. This tells me that the geted litigation strategy. The values cam- their skepticism and opposition to the people who work for the NLRB are hun- paign is intended to replace the current NLRB may not allow them to. That gry for making the law more effective. values of greed and selfishness with the would be unfortunate, of course. There is a hunger out there and a NLRA’s values of solidarity, equality, I think this fight will happen to some sense that this strategy makes sense. I industrial and social democracy, social and degree whatever these groups decide. As I think that many people will start to try economic justice, fair wages and working have traveled the country giving talks some of the ideas on an individual basis. conditions, and industrial and social peace. about the ideas in my book, I have found But to be truly successful there must be a Just as with the civil rights movement, this that union audiences are overwhelmingly coordinated long-term strategy. That can- is a battle that must be fought on many positive about them. One union organizer not be done by individuals acting alone. fronts and for which we must make a told me that he feels that labor has been My view is that the time for debating long-term commitment. If we have the wandering in the wilderness for over twen- “the one best way” to achieve success has courage and dedication to do this, we can ty years, and these ideas were the first to be over and that it has always been a at last make the NLRA’s rights a reality. thing that made sense and gave him hope. distraction for meaningful action. I recognize that I haven’t explained Others have said the same thing. We must view ourselves as engaged in the details of the strategy here, but that is In addition, one of the NLRB’s the equivalent of World War II. Success because to do them justice I had to explain regions has held a will depend on waging this fight on land, them at book length. training session to sea, and air and engaging the enemy on many battle MY: It seems to be fields. And just as that two groups generals sent troops will have to into battle knowing come on there would be board to losses, we must accomplish recognize that this—labor there will be leaders and setbacks and the larger victory will be radical and slow in coming. progressive But just because community. there will be How can we get losses does not them on board? mean we can avoid Labor leaders will engaging in this surely be skeptical, given struggle. their antipathy to the If labor and NLRB and the courts. radicals are unwill- And at least some radicals ing to engage in this and progressives will say campaign, if they remain that a larger social willing to cede terrain, the movement must be campaign will pass them by. built before such a litigations strategy MY: What steps should be could work. taken right now to begin to implement your ED: I don’t proposals? How do agree. While you assess the likeli- it would be hood of these things being nice if labor leaders done? and the progressive community 30 THE DICKINSON LAWYER

ED: Well, first people should read the In fact, § 8(c) says nothing about book and read it with an open mind. Peo- employers nor about rights. TWO MORE WAYS TO ple need to be creative and excited about What § 8(c) does say is : the “express- mining the law for opportunities. We need ing of any views, argument, or opinion, . . . STAY CONNECTED! to take the red paper clips we have and see if such expression contains no threat of how we can parlay them into a house. reprisal or force or promise of benefit” is THE PENN STATE Second, there must be input by many not a violation nor evidence of a violation. DICKINSON CONNECTION different people into constructing and Whatever Congress intended, § 8(c) was E-mail Newsletter advancing the strategy. Some of the ideas drafted with language that gave employers can be implemented on an individual no more rights than it gave employees or The Penn State Dickinson Connec- basis, but for real change we must have unions. It was only through the process of tion is the latest of our ongoing efforts thoughtful strategies and the resources to applying the law that the courts and others to enhance alumni outreach and com- implement them. completed the work of those who wanted munication. As a supplement to our Will these things happen? I am opti- § 8(c) to give employers expansive rights Dickinson Lawyer alumni magazine, mistic that they will. I am optimistic that to make anti-union speeches. this monthly electronic publication will there are people who will feel the same In other words, § 8(c) is now the highlight alumni activities and achieve- way as one person who read the book. He employer free speech right only because ments and keep you up-to-date on the told me that reading the book had changed everyone has stopped reading the statute Law School and the progress of our how he saw the world, that it had been a and come to accept this label. We can $110 million building project. paradigm shift for him. change that. There is no reason why The Connection is published as a unions and employees can not argue for free service of the Law School Alumni MY: Any final thoughts? rights that parallel the speech rights of Office. Please submit your news and employers. In fact, it would be an interest- updated information at http://www.dsl. ED: I am going to include here one idea ing project to take the case law developed psu.edu/alumni/info.cfm. Also, if you for your readers of a strategy they can con- around 8(c) and employers and extend have a story or idea to share with us, sider right now. Others are mapped out in those protections to unions and employ- please contact Dyanna Stupar at the book. ees. There is no such union or employee [email protected]. We look forward to While judges have undermined the right now only because no one has tried to hearing from you! NLRA, they have not been the only source do this, but there could be. If you haven’t received the Connec- of problems. The NLRB has tended to try One important lesson here is that, tion, please send your updated email NLRA cases in a lackluster way. Attorneys rather than assuming what the NLRA says, address to [email protected]. cut corners—often because they are short or relying on our memories, or assuming on resources but also because of a failure the worst and the least, we need to pore of imagination. In addition, the NLRA over every word of the NLRA, with fresh THE PENN STATE and its amendments have been the target eyes, looking for opportunities. That must DICKINSON NEWSWIRE of opposition from those who seem to be a collective effort. want to make it fail and would rather look Want to have the latest news about flaws and failures than see the NLRA as an MY: Thanks, Ellen. And good luck with the Law School delivered directly to your exploitable resource in labor’s arsenal. the book. e-mail inbox? Sign up to receive the Penn Finally, not to be too hard on judges, State Dickinson Newswire, an electronic the NLRB, and NLRA critics, we all Michael D. Yates is associate editor of Monthly news service that helps keep you would benefit from taking the time to Review. He was for many years professor of informed about recent Law School and examine our assumptions and what we economics at the University of Pittsburgh at University news and upcoming events. “know” to be true. Here is an example of Johnstown. He is author of Longer Hours, In order to receive the newswire, Fewer Jobs: Employment and Unemployment in just such an assumption. you must subscribe to the service. To the United States (1994), Why Unions Matter If I were to ask what § 8(c) is, most (1998), and Naming the System: Inequality and do so, please visit http://newswires.psu. labor lawyers would say that it is the Work in the Global System (2004), all published edu/index.php?alias=dickinson. If you employer’s free speech right. Some would by Monthly Review Press. have any problems enrolling, please add that § 8(c) it just more evidence that contact Patricia Taverno at the Univer- the NLRA is anti-union. These are the URL: http://mrzine.monthlyreview.org/ sity’s Department of Public Relations at responses I have uniformly gotten. yates010806.html [email protected] or 814-865-7517. THE DICKINSON LAWYER 31 Law School hosts INTERNATIONAL CRIMINAL JUSTICE SYMPOSIUM Former president of Ireland delivers keynote address

On October 30, the Law School Robinson stressed the need for more “However, the conflict there and, in hosted “The Future of International Crim- effective international criminal justice. “I particular, the subsequent decision to go to inal Justice” symposium featuring believe strongly that promoting and war on Iraq, have re-enforced the perception renowned international criminal law and strengthening the rule of law around the of a war on terrorism which goes beyond human rights experts, including the Hon- world is fundamental to achieving greater the rhetorical use of the term, as in a ‘war orable Mary Robinson, former president human security, human development and on poverty’ or a ‘war on hunger.’ The reality of Ireland and U.N. High Commissioner human rights for all people,” she said. is that by responding in this way the Unit- for Human Rights. Robinson went on to say that she ed States has, often inadvertently, given Additional symposium participants believes language is vital in shaping our other governments an opening to take included: Richard Goldstone, former chief reaction to very severe events. “Words used their own measures which run counter to prosecutor at the United Nations Interna- may determine the nature of the response,” the rule of law and undermine efforts to tional Criminal Tribunals for the Former she explained. strengthen democratic forms of government. Yugoslavia and Rwanda; Ambassador Her- After the attacks of 9/11, Robinson “The language of war has made it bert Okun, special representative of the and her colleagues in the Office of High easier for some governments to introduce United Nations and one of the principal Commissioner for Human Rights met and new repressive laws to extend security poli- negotiators in the Yugoslav crisis; Professor concluded that the attacks constituted cies, suppress political dissent and stifle Dermot Groome, former senior trial attor- crimes against humanity under interna- expression of opinion of many who have ney in the Slobodan Milosevic case at the tional human rights law. no link to terrorism and are not associated U.N. International Criminal Tribunal for “Despite efforts to frame the response with political violence,” Robinson explained. the former Yugoslavia; Professor David to terrorism within the framework of She added that she believes the Crane, former chief prosecutor of the Spe- crimes under national and international authority of law has been undermined in cial Court of Sierra Leone; and Ambas- law, an alternative language emerged post- many important ways over the last five sador Clint Williamson, current U.S. 9/11. That language … has spoken of a years. “The question facing us today is: Ambassador at Large for War Crimes. war on terrorism. As such, it has brought a How are we to respond to this situation Robinson delivered the symposium’s subtle change in emphasis in many parts and what steps can we—and must we— keynote address, in which she explained of the world; order and security have become take to restore and protect the internation- her views on the wider issue of rule of law the overriding priorities. As in the past, the al rule of law?” she asked. and international human rights in the world has learned that emphasis on national Robinson concluded her talk by saying aftermath of the terrorist attacks on 9/11. order and security often involved curtail- that she is hopeful that the mistakes of the She began by expressing her optimism ment of democracy and human rights.” past five years are beginning to be recognized about the “increasing awareness among Robinson explained that characteriz- and steps are being taken in the right judges, lawyers and law schools of the ing major terrorist attacks as crimes against direction to reassert the importance of the need to research the vital role of rule of humanity does not rule out the possible rule of law in the struggle against terrorism. law … and the need to restore proper bal- need for an appropriate military response, Detailed biographies of all symposium par- ance between protection of populations such as the invasion of Afghanistan when ticipants, as well as audio and video recordings of from acts of terrorism … and adherence to the Taliban refused to hand over Osama their lectures, can be accessed at http://law.psu.edu/ international human rights norms and standards.” Bin Laden and his associates. events/FutureofInternationalCriminalJustice.cfm. 32 THE DICKINSON LAWYER

ALUMNI and REUNION

More than 180 alumni, students, District Court, Middle District of PA; and including the landmark 2005 Kitzmiller v. staff, faculty and friends gathered in David A. Fitzsimmons ’84 of Martson Dover School District case. In his decision, Carlisle October 13-15 to celebrate the Deardorff Williams & Otto; an update on Judge Jones ruled that it was unconstitu- Annual Penn State Dickinson School of Law School achievements and building tional to teach intelligent design within a Law Alumni Weekend. plans by Dean Philip McConnaughay; the public school science curriculum. Participants kicked off the weekend annual Scholarship Luncheon honoring The Honorable Thomas I. Vanaskie, on Friday evening with the Welcome donors and scholarship recipients and class of 1978, received the GAA’s Career Reception in Trickett Hall. Saturday’s sponsored by Yelen Law Offices; the Achievement Award in honor of his dis- activities included the General Alumni annual Golf Tournament at Mayapple tinguished professional accomplishments. Association (GAA) meeting; CLE pro- Golf Course; and an afternoon party, Judge Vanaskie recently completed a seven- grams presented by G. Philip Rutledge complete with hotchi dogs, sponsored by year term as chief judge for the United ’78 of Bybel Rutledge LLP; The Honor- Burke ’77 and Barbara ’78 McLemore. States District Court for the Middle Dis- able John E. Jones III ’80 of the U.S. On Saturday evening, attendees once trict of Pennsylvania. He was appointed to again convened in Trickett Hall for the the court as district judge in 1994. He GAA reception and awards ceremony currently serves on the Third Circuit Judi- sponsored by Stevens & Lee, P.C. cial Council and is chair of the Informa- The GAA bestowed honorary alumni tion Technology Committee of the Judi- honors to Jon F. LaFaver, who served as cial Conference of the United States. an adjunct professor at Penn State Dickin- The GAA also recognized John J. son for fifteen years before his retirement Miravich, class of 1989, as the recipient last spring. LaFaver taught seminars on of the Distinguished Service Award. Anglo-American legal history and reli- Miravich is a shareholder with the law gious liberty. In 2006, the Law School firm of Stevens & Lee, P.C. in Reading, established the Jon F. LaFaver Outstand- PA. He concentrates his practice in ing Adjunct Faculty Award, which is given municipal law, municipal and tax-exempt to adjunct faculty members who embody finance, government affairs and advising Professor LaFaver's outstanding commit- local governments and school districts on ment as an adjunct professor. In 1993, legal and financial issues. He also repre- LaFaver received the Edward C. First sents governmental and private entities in Award for Excellence of an Adjunct Facul- contract, construction, commercial litiga- ty Member. tion and employment disputes and advises The Honorable John E. Jones III, clients on litigation avoidance and insur- class of 1980, was honored with the Out- ance coverage issues. standing Alumni Award. Judge Jones is a Following the awards ceremony, United States district judge for the Middle attendees headed off for reunion and District of Pennsylvania. Appointed by alumni dinners at local restaurants before President George W. Bush, he was unani- returning to Trickett for the Penn State vs. mously confirmed by the United States Michigan Game Party. The weekend con- Senate on July 30, 2002. Since his eleva- cluded Sunday morning with a Farewell tion to the federal bench, Judge Jones has Brunch in Trickett Hall. presided over several high profile case, THE DICKINSON LAWYER 33

WEEKEND 2006 34 THE DICKINSON LAWYER

SCHOLARSHIP RECIPIENTS SHARE THEIR APPRECIATION Meghan Cashman is a first- year student and the recipi- ent of the Patricia A. Butler Adapted from speeches at the 2006 Scholarship Luncheon Scholarship Meghan Cashman: Attending law school is a huge com- Ronni Bright: As I am sure you mitment. There are times when I wonder I am here to share with you what the are aware, the if I made the right decision by going to Jacob Levinson Scholarship means to me, first year of law law school, and then something inspires and after giving it much thought, I have school is over- me, and I am reminded exactly why I am one word—encouragement! whelming. First- here. The fact that you continue to con- First, I want to thank Mr. Richard year students are tribute to Dickinson is a testament to the Levinson, family and friends who make pushed to the value you have placed on your legal educa- the Jacob Levinson Scholarship possible. I limits with read- tion. You believe in the future of The also would like to thank all of you who ing and writing Dickinson School of Law which is com- have decided to give back by sponsoring Ronni Bright is a first-year assignments and forting to current and aspiring students. scholarships and kindly making donations. student and the recipient of could probably Despite having graduated and passed the I am a first-generation law school stu- the Jacob Levinson Scholarship recite black letter bar, your commitment to legal education dent coming from a family of teachers. When I first arrived in Carlisle, I was a bit law during sleep. continues. The generous contributions overwhelmed in beginning my legal profession. Luckily, at Pennsylvania State University, show your faith in the future of Dickin- Everything about this new phase in my life The Dickinson School of Law, we have son, my classmates and me, and ultimately was unfamiliar: the people, the area, the something that makes the process more the legal profession. study habits, the method of instruction. bearable and even comforting, and that is I have come to realize that upon grad- I must say coming up here I was ready the strong sense of camaraderie. The feeling uating with a law degree, I will become a to discuss all the trials and tribulations I of camaraderie transcends the boundaries part not only of the legal profession, but a have encountered in my law school experience. of the two campuses, the years that separate part of the legal community. As you have But today, I had the pleasure to sit and talk 1Ls and 3Ls, and extends to the distinguished shown, this is a community which reaches with Judge Alexander ’54, and after speak- alumni as well. The strong ties between out to one another. ing with her, I realize my trials are nothing. students, faculty, and alumni are vital in Your efforts do not go unnoticed. Judge Alexander was telling me about keeping the Dickinson community alive. Your commitment to Dickinson and your her experience as the first woman secretary The contributions that you, as alum- faith in the future of the legal community of agriculture and the first and only woman ni, make to this law school are invaluable. is greatly appreciated. A sense of school to serve on the Pennsylvania Bar Association As a scholarship recipient, my anxiety over pride has been instilled in me as a first for twenty years. I really appreciate the money and loans has been substantially year student as I learn from your actions. wisdom Judge Alexander shared with me. reduced. However, being awarded a schol- You have challenged and inspired my class- I am very appreciative of my scholar- arship means so much more than alleviat- mates and me to continue with the Dick- ship, for without the achievements of women ing a financial burden. Mr. Epstein and inson tradition of camaraderie, commit- like Judge Alexander and alumni such as Mr. and Mrs. Butler have never met me, ment, and community. Thank you not yourselves, that scholarship would not be nor spoken with me in person prior to only for your financial contributions, but available to me. I realize you have all today, yet have given me a tremendous for believing in me as a first year student paved the path to my success. Without gift. They have shown their faith in me by and the future of Dickinson Law. your achievement I would not be able to awarding me with the Patricia A. Butler stand before you today. Again thank you Scholarship, for which I can not express *************** Judge Alexander, the Levinson family and my gratitude in words. every Dickinson School of Law alum. THE DICKINSON LAWYER 35

LAW SCHOOL REMEMBERS TWO EDUCATIONAL ICONS

The Dickinson School of Law suffered two great losses this year with the passing of professors Joseph Burns Kelly and Arthur Saul Frankston, two well-respected and cherished members of the Dickinson Law community.

JOSEPH BURNS KELLY review. Following a year in private practice, by Mark Podvia ’86 he re-entered the Army, serving in the JAG Corps until 1969, when he joined Joseph Burns Kelly passed away on the faculty at The Dickinon School of Easter Sunday, April 16, 2006. He was Law. He taught at Dickinson for twenty- born on July 31, 1923, in Fort Smith, seven years until his retirement in 1996, Arkansas, and grew up in Ludlow, Ken- and he remained a fixture at the school for tucky. He graduated from St. Xavier High several years thereafter. School and began work on his undergrad- To a generation of law students uate degree at Xavier University, however Joseph B. Kelly was more than a member his education was interrupted by the Sec- of the Dickinson Law faculty; he was an ond World War. He was commissioned as institution. It was Professor Kelly who reg- a second lieutenant in the United States ularly emceed the final rounds of the Army and served in the China-Burma- annual Law School Trivia Bowl, who fired India Theater as an artillery advisor to the the rifle that started the yearly Race Judi- Nationalist Chinese Army. cata, and who dressed the Law School’s Following his wartime service, Profes- LL.M. students in Union blue and sent sor Kelly completed his undergraduate them off to battle in various Civil War education and was a 1949 graduate of the reenactments. It was he who took the University of Cincinnati College of Law, stage as “The Wizard of Contracts” at the where he was a member of the Order of Faculty Follies and was featured in Phi the Coif and editor-in-chief of the law Alpha Delta’s “Kelly Calendar.” Professor Joseph Kelly 36 THE DICKINSON LAWYER

Kelly’s favorite classroom phrases– “Just J.N.: Did you vote in the Post Office’s ARTHUR SAUL FRANKSTON read what you have;” “Give it the old col- Elvis Presley stamp election? by Pamela Knowlton lege try;” “If it doesn’t fit, give it a little J.B.K.: No, but the younger Elvis gets my push;” “You may pass in football, but you vote. The young Elvis presents a southern Arthur Saul Frankston passed away on may not pass in this class;” and “Get down image, that of the old south. Saturday, September 9, 2006. Born June 16, here, Ever-Tite”– became part of the Law 1919, in Pittsburgh, Pennsylvania, he School’s everyday lingo. J.N.: What’s your most memorable teach- graduated from Taylor Allderdice High Professor Kelly’s kind nature and sly ing experience? School, the University of Pittsburgh and sense of humor were perhaps best captured J.B.K.: That’s a tough one. the University of Pittsburgh Law School. in the following interview that was pub- His education also included post graduate lished in the Law School’s student newspa- J.N.: Well, just give it the old college try. study at Yale Law School and spending a per, the Judicial Notice, in 1992: J.B.K.: I once had a student who appar- sabbatical semester at the Law Faculty, ently had heavy commitments in Philadel- Hebrew University of Jerusalem. J.N.: Why did you decide to study law? phia. Every Friday he would come to class After serving in the military during J.B.K.: Being on the Admissions Commit- for roll call and then he would sneak World War II, Professor Frankston began tee, you often see this question answered towards a window on his hands and knees, his legal career as a law clerk for a federal by one saying, “I want to help humanity,” and then climb out of the window. He district court judge in the Western District or the classic, “I wanted to become a stopped when he eventually sprained his of Pennsylvania followed by several years lawyer since I was 6.” I myself wanted ankle while going out the window. of private practice in Pittsburgh and Har- some skill that I could carry around with risburg. His career included distinguished me, under my hat, wherever I went. I Those of us who sat through first-year public service as administrator of the wished to become a “professional” man Contracts with “Machine Gun Joe Kelly” Pennsylvania Arbitration Panels for Health whatever that means. Bloodline is not a never forgot the experience. Each week Care and consultant to many Pennsylvania factor in this profession. A poor person during the fall semester we faced three hours executive and legislative agencies. can be a pope, but not a prince. of terror, never knowing who would be asked Professor Frankston began his career to “just read what you have.” By spring at The Dickinson School of Law in 1956 J.N.: Have you ever had a Carbolic Smokeball? semester the terror had faded to a more and, for nearly forty years, taught genera- J.B.K.: That’s a good question, but I can’t fatalistic resignation. Only when it was over tions of law students about the mysteries say that I have... did we realize just how much we had learned of torts and products liability law and the under the tutelage of this wonderful man. intricacies of the conflict of laws until his J.N.: Why did you become a teacher? Professor Kelly was an advisor to the retirement in 1995. Known for his jovial J.B.K.: It’s a good place for a ham. It’s like Dickinson International Law Annual when character and robust smile, he often began theater. Your juices flow when you’re in it debuted in 1982. He continued in that class with the phrase, “Isn’t it great to be front of a class; it’s like being on stage. If capacity until 1995, overseeing the publication able to teach out of a newspaper?” while you’re a ham and an attorney, teach. as it expanded and grew into the Dickinson sucking on a sour ball. Journal of International Law. In 1988, the He was considered a pioneer in the J.N.: When was the last time you were winter issue of the Journal was dedicated field of law and medicine and co-taught a “High as a Georgia Pine?” to him “in recognition of his encouragement course with Dr. Mary Dufner about how J.B.K.: I’m not sure. and support in the founding of this inter- the two fields intersected, often bringing national law journal.” In 2003 the Penn State in guest physicians to discuss legal issues J.N.: Well, just read what you have. International Law Review, the successor to related to their practices. Additionally, he J.B.K.: It was probably at a Chinese Gom- the Dickinson Journal of International Law, taught as a visiting professor at Pennsylva- bay Dry Cup Party. It’s really just a drink- published Professor Kelly’s World War II nia State University Hospital and School ing contest where you go around toasting memoirs. This year the editors of the Penn of Medicine at Hershey. Long before dis- one another back and forth. People begin State International Law Review dedicated cussion of the Law School’s merger with to pass out right in their Egg-Foo-Yung. the Fall 2006 issue to Professor Kelly in Penn State University, Professor Frankston recognition of his many contributions to was constantly looking for ways to link the J.N.: Did you vote in Tuesday’s primary? both The Dickinson School of Law and to Law School to the medical school in Hershey. J.B.K.: Yes, certainly. the journal. In 2000, Professor Frankston received an Honorary Alumni Award from the THE DICKINSON LAWYER 37

General Alumni Association of the “Sadness comes as we commemorate Law School for his dedication to the passing of an historical era in the students and his continued involve- development and grandeur that is our ment with alumni. Former student law school; that era is the ‘Frankston and colleague Harvey Feldman ’69 Years’ and none who have come under commented on Frankston’s passion your tutelage believeth to the con- for education: “Arthur was a strong trary—not even the ‘reasonable man’.” advocate for the Law School and for – Nathan H. Waters Jr. ’72 legal education. In fact, he valued education of all kinds, including education in the Jewish tradition, “My strongest recollection of my junior immeasurably.” year is that Torts was the one class Professor Frankston’s affection for his students did not end in the which made sense in those early classroom. For many years, he invit- months. Your class also kept students ed the Jewish law students over to alert and interested without generating his home located in the Italian Lake a ‘fear’ factor.” district of Harrisburg to help build a – Dale Shughart Jr. ’74 sukkah in his backyard to celebrate the harvest holiday of Sukkos. Professor Frankston’s dedication to teaching is best illustrated below by a selection taken from comments Arthur Frankston published in the Fall 1995 edition of The Dickinson Lawyer that were submitted by former students for a scrapbook given “When I have time to reflect about my to him at his retirement celebration: career, I find myself saying, ‘I should Because The Dickinson School of Law thank Frankston.’” “On the occasion of your retirement, you – H. Clay Davis III ’72 was such a big and meaningful part of can look back with pride on the legions of Professor Frankston’s life, his family successful tort attorneys you helped forge during your distinguished academic career. “During my three years at Dickinson, you has established the Professor Arthur S. Your effect on the lives of your students is were always more than just a professor, you were a friend, mentor, and confidante. Frankston Memorial Fund at the Law immeasurable and ongoing, as a piece of I owe you a great deal.” you soldiers on in the heart of every Dick- School. Memorial contributions, – A. Richard Barros ’64 inson advocate.” payable to The Pennsylvania State – E. Max Weiss ’72 “Professor Frankston’s intellectual approach University, may be sent to The Dick- to the subject, his leadership in forging “When I meet lawyers today and tell them inson School of Law, Professor understanding between the medical and I really liked law school, they seem to legal professions, and his lifelong profes- Frankston Memorial Fund, question my sanity. But I really did, and sionalism and contribution to the legal you and the many other fine professors at c/o Doris Orner, 150 South College community are enduring legacies. He has Dickinson can take credit for that. Your influenced more than a generation of Street, Carlisle, PA 17013. interest and enthusiasm for the law were Dickinson lawyers in a very positive way.” infectious. We are all better lawyers and – Ward A. Bower ’75 judges as a result of studying under you.” – Hon. Ila Jeanne Sensenich ’64 38 THE DICKINSON LAWYER The LISTENING POST

degree of doctor of public serv- Rooney and in November 2005, magazine. David works in the WE WANT TO HEAR ice honoris causa by the Harris- was noted for his accomplish- Business Litigation Group. FROM YOU! burg University of Science and ments as a trial lawyer in Ameri- The Alumni Office welcomes Technology in recognition of can Lawyer. 1968 news for class notes that is his many career achievements Howard M. Goldsmith has been less than a year old. Please and his contributions to the cit- 1965 appointed to the Pennsylvania include your name, class year izens of Central Pennsylvania. James W. Durham has become a Bar Association Professional and contact information with General Zimmerman was also Fellow of the College of Com- Practice Standards Committee. all submissions. Photos are mercial Arbitrators. An inde- He also was selected as a 2006 also appreciated. You can recently honored by Jump Street, a charitable organization pendent arbitrator and mediator Super Lawyer and was also list- submit your news at dedicated to developing educa- with a national practice, he is ed as a 2006 Top 100 Philadel- www.dsl.psu.edu/alumni/info. tional and economic opportuni- also on the large complex case phia Lawyer. Howard is the cfm or mail it to: The Dickin- ties with the arts for all age and energy panels of the Amer- principle shareholder of the son School of Law, Alumni groups, with its 2006 Spectrum ican Arbitration Association and Philadelphia law firm of Office, 150 South College Award for Leadership. the CPR International Institute Howard M. Goldsmith, P.C. Street, Carlisle, PA 17013. for Conflict Prevention and Resolution. Robert H. Long Jr. has joined Wolf, 1960 Block, Schorr and Solis-Cohen, H. Weston “Wes” Tomlinson,a Gerald K. Morrison, LLP, Harrisburg, PA, as counsel 1957 Delaware County (PA) attorney, of the Harris- resident. Robert has thirty- Maxwell E. Davison announced the received summa cum laude burg, PA, firm seven years of bond counsel formation of Davison & honors with a business manage- McNees Wal- experience and is serving as the McCarthy, P.C.The firm’s prac- ment bachelor of science degree lace & Nurick, firm’s senior municipal bond tice will concentrate in all areas at Widener University’s gradua- has been attorney. of business law and litigation tion ceremonies on May 20, named a 2006 including real estate, land use 2006. Wes was also elected to Super Lawyer 1969 and development, corporate, Who’s Who in American Uni- by Law & Poli- non-profit and employment versities and Colleges (2005- tics magazine. Gerald is the co- Richard Gray was elected mayor law, and alternative dispute res- 2006) at both Widener and chair of the Business Counsel- of Lancaster, PA. olution. Penn State. ing Group at the firm. G. Robert Marcus has been 1958 1961 1966 selected for Neil Hurowitz was chosen as one William F. Hoffmeyer was named by The Honorable George E. Hoffer was inclusion in of the Top 100 Pennsylvania Law & Politics as a Pennsylvania featured in the “In Chambers” the Mergers & Super Lawyers and as one of 2006 Super Lawyer in the real section of the Pennsylvania Law Acquisition the Top 100 Philadelphia Super estate field. William is a senior Weekly on October 24, 2005. Section of Lawyers for 2006. Neil is a partner with Hoffmeyer & Judge Hoffer retired in Novem- New Jersey partner with Astor Weiss Semmelman, LLP in York. ber 2005. Super Kaplan & Mandel, LLP in Lawyers 2006. Robert is a Philadelphia, PA. 1962 Robert D. Yeager, founder of the member of the Somerville, PA, Pittsburgh (PA) Youth Golf law firm Norris McLaughlin & 1959 In December 2006, Xethanol Foundation, was honored with Marcus. Corporation, a renewable fuel the Distinguished Service The Honorable developer, announced that its Award by the Tri-State Section Stephen Volpicelli, of counsel to LeRoy S. Zimmer- Board of Directors had elected Professional Golfers’ Association Kelley & Murphy, recently pre- man, senior Edwin L. Klett as a new independ- in mid-October. Robert is a sented “The End Game – counsel with ent member of the Board of Eckert Sea- patent trial lawyer and a partner Sales, Leasing and Property Directors. In addition to his at Kirkpatrick & Lockhart, LLP. Management,” a real estate mans Cherin board participation, Ed will & Mellott, development continuing legal chair the Governance Commit- education program in Philadel- LLC and for- tee and be a member of the 1967 mer attorney phia for Sterling Educational Compensation Committee. David E. Lehman, of the Harrisburg, Services. The program covered general of the Commonwealth PA, firm McNees Wallace & of Pennsylvania (1981-1989), the key elements of the real Ed is currently senior counsel Nurick, has been named a 2006 estate development process. recently was awarded the with Buchanan Ingersoll & Super Lawyer by Law & Politics THE DICKINSON LAWYER 39

1970 series, “Auto Law Strategies.” Robert Mauro was named a Penn- Deanna R. Pealer, of the Law Bill is a partner in the Litigation sylvania Super Lawyer by Offices of Deanna R. Pealer, Niles S. Benn was re-elected as chairman of the Board of Holy Department at Hamburg, Rubin, Philadelphia Magazine for his was welcomed into the Her- Spirit Health System, Camp Mullin, Maxwell & Lupin, with practice of real estate law with itage Registry of Who’s Who for Hill, PA. Niles is the first indi- offices in Lansdale, Perkasie, Meyer, Unkovic & Scott, LLP. 2006-2007. Deanna maintains vidual to hold the position, hav- Limerick and Allentown, PA. an office for the general civil ing previously served five years 1976 practice of law in Bloomsburg, PA. as chairman of the Board of 1974 Joe Perry has retired from the Holy Spirit Hospital. Barbara Drake joined legal man- practice of law and has moved In April 2006, Linda J. Williams agement consultancy Altman to Summerville, SC. In further- was named chief deputy attor- James A. Young has been elected Weil, Inc. Barbara will advise ance of his love of golf, Joe is ney general of the Bureau of to the International Academy of government legal offices on working in the pro shop of The Trial Lawyers and recently, Consumer Protection. Linda client service, client relations, Ocean Course on Kiawah Island. also represents the Office of after serving for twelve years, practice management and stepped down as the managing Attorney General on fifteen human and technology Geoffrey S. Shuff recently became Pennsylvania Department of shareholder of Christie, Pabarue, resources. of counsel to McNees Wallace Mortensen & Young. State licensing boards including & Nurick LLC. Geoffrey will the State Real Estate Commis- Ken Nicely wrote, “Retirement practice in the Financial Ser- sion and Board of Pharmacy. 1971 has been good! I scored my vices Group. Additionally, Linda represents first hole-in-one yesterday Law & Politics named Stephen S. the office on the Pennsylvania (April 19, 2006) on my home James C. Walker accepted a Russell of the York law firm Bar Association’s Unauthorized Stock and Leader a 2006 Penn- course, Dataw Island Club, on “Foundations Behavioral Practice of Law Committee and sylvania Super Lawyer. Stephen St. Helena Island, SC. Hope Health Partnership in Youth various multi-state investigations has represented public schools everyone is well!” Services” grant on behalf of through the National Association for more than thirty years in Children’s Developmental Pro- of Attorneys General. state and federal courts, before 1975 gram. Walker sits on the Board state and federal agencies of Directors of the Quakertown Michael C. Fox recently earned based program. He is an associ- 1978 focusing on labor relations, spe- the certified financial planner ate of Hamburg, Rubin, Mullin, Larry Bowman, managing partner cial education law, civil rights designation. He is a financial and general educational issues. Maxwell & Lupin with offices of Cozen O’Connor’s Dallas, planner associated with Pru- in Lansdale, Perkasie, Limerick TX, office, has been named dential Financial in Camp Hill, and Allentown, PA. chair of the General Litigation 1972 PA, where he focuses his prac- Department. He began his tice on attorneys and partnering The Honorable Thomas Ridge deliv- 1977 career with Cozen O’Connor in ered the keynote address at the with attorneys to serve their Philadelphia, PA, in 1982 and is Technology Marketing Corpo- clients who need individual and Charles E. Fryer has joined the credited with fostering the ration (TMC©) Internet Tele- business financial planning and Law Offices of Mogel Speidel firm’s expansion across the phony Conference & Expo financial products and services. Bobb & Kershner. Fryer will be Southwest. Larry also was East 2006, held January 24-27 at Michael is a registered invest- responsible for real estate and named a 2006 Texas Super the Fort Lauderdale-Broward ment advisor with Pruco Secu- estate law and is a title agent Lawyer by Law & Politics. County (FL) Convention Center. rities, LLC and an agent with working out of the firm’s The Prudential Life Insurance Boyertown, PA, office. Eric L. Brossman, a partner in the Company of America. 1973 Business Department and vice Leslie A. Miller received both an office managing partner of Saul Bruce W. Ficken is now a Fellow David F. Henschel joined the Lan- appointment and an honor from Ewing’s Harrisburg office, was of the American College for caster, PA, law office of Harmon Temple University. Leslie was selected on behalf of the Penn- Trial Lawyers, a premier legal & Davies, P.C.as managing appointed to the Board of Visi- sylvania Bar Association (PBA) association in America. Bruce attorney. David has twenty- tors of Temple University Board of Governors to receive a was inducted at a ceremony in seven years of experience in Beasley School of Law. She was PBA Special Achievement Chicago on October 22, 2005. business and corporate law. Prior also inducted into The Hall of Award for his various efforts for to Harmon & Davies, David Fame, sponsored by Temple the PBA Business Law Section. In November and December, served as a corporate attorney at University’s League for Entre- Porr & Devine, LLC. preneurial Women, which honors William C. Roeger took part in a Karl F. Longenbach was appointed Pennsylvania Trial Lawyers women for their achievements solicitor for the County of Association sponsored seminar as innovators, entrepreneurs Northampton (PA) in January and leaders. 40 THE DICKINSON LAWYER

2006. Karl continues to main- 1980 U.S. Naval Academy for his women partners. She now chairs tain his private law practice in Lawdragon, a legal services work as Naval Academy infor- the McNees Wallace & Nurick Bethlehem. information publication, recent- mation officer. Education Law Group and is a member of the Labor and ly named The Honorable John E. Francis Mardula has been selected Employment Group. Her prac- Jones III and The Honorable Thomas 1983 chief counsel for the Pittsburgh tice focuses primarily on the J. Rueter among the 500 leading After an eighteen-year career in (PA) District of the Corps of judges in America. The judges areas of human resources and Engineers. Francis began his the Office of Attorney General, employment law, education law were selected from more than Eugene Creany left his position of new post in January 2006 after 30,000 federal and state judges and litigation. serving as chief counsel for the senior deputy attorney general as well as an estimated 20,000 to accept the position of senior U.S. Department of Transporta- retired judges, arbitrators and 1984 tion’s Maritime Administration. counsel for the Pennsylvania mediators nationwide. Gaming Control Board’s Office Maria Musti Cook took her seat on of Chief Counsel. the York County (PA) Court of 1979 1981 Common Pleas after taking her Karen Faulds Copenhaver, general Robert J. Hobaugh oath of office in January 2006. Craig Stauden- counsel for Black Duck Soft- Jr. has been As a new judge, Maria will maier, manag- ware, Inc. in Waltham, MA, has ing partner in named share- serve a ten-year term. joined Choate, Hall & Stewart the Harrisburg holder of the LLP as a partner in its Business law firm Nau- Reading, PA, Linda Cox has established the & Technology Group. Karen is man, Smith, firm Stevens Law Offices of Linda T. Cox, a a nationally recognized attorney Shissler and & Lee. Bob civil practice firm located in in technology transfer and Hall, LLP, was concentrates Annapolis, MD. She is married, licensing of intellectual proper- appointed his practice in has two children and lives in ty, particularly in the areas of general counsel for the newly structured finance and assists Annapolis. software licensing and open formed Pennsylvania Freedom clients in buying, selling and source business models. of Information (FOI) Coalition. securitizing financial assets and 1985 He also appeared on WITF’s sales of servicing portfolios. Cambria County (PA) attorney Candy Barr Heimbach is currently Smart Talk, a public affairs tele- the senior vice president of George Gvozdich Jr. has received an Lisa Hook was appointed presi- vision show, on Thursday, Marshall Dennehey Warner Everyday Leader Award from March 23, 2006, as part of a dent and chief executive officer the Pennsylvania Bar Association. of SunRocket, one of the Coleman & Goggin, P.C. locat- panel discussion on Pennsylva- ed in Bethlehem, PA. George is a sole practitioner nia’s Right to Know Law and nation’s fastest-growing Inter- with law offices in Ebensburg. Sunshine Act. net phone service providers. He is also the solicitor for the Lisa also serves on the boards Mark M. Wall was elected share- Cambria County Domestic of Covad Communications Inc., holder of Hill, Ward & Hender- Relations Office, adjunct asso- 1982 Reed Elsevier, National Geo- son, PA in Tampa, FL. His practice focuses primarily in the ciate professor at the University Michael Deckman retired from his graphic Ventures and K12, Inc. of Pittsburgh at Johnstown and solicitor position after forty areas of general commercial liti- gation and real estate litigation. bar examiner for the Pennsylva- years with the Mount Wolf (PA) Elizabeth Dougher- nia Board of Law Examiners. Borough Council. ty Maguschak was honored Captain Jeffrey M. Wasileski, was recently selected to serve as Joseph W. Weik was recently George Joseph was elected to with the 2006 selected one of Delaware’s Top serve a one-year term as secre- Lynette Nor- commanding officer of Navy Lawyers by Delaware Today tary of the Pennsylvania School ton Award, Reserve Civil Law Support magazine. Joseph sits on the Boards Solicitors Association. which is Activity 106, which supports Board of Governors of both the bestowed by the Navy’s Office of the Judge Advocate General in Washing- American Association for Jus- Jeffrey H. Sunday retired from the the Pennsyl- tice and the Delaware Trial U.S. Naval Reserve on July 1, vania Bar Association’s Com- ton, D.C. This will be his sec- Lawyers Association (chairman 2005, after thirty years of com- mission on Women in the Pro- ond command tour. His civilian of the Council of Past Presidents). missioned service. Jeffrey fession. Elizabeth is the job is as staff counsel for the Joseph is also the senior partner retired with the rank of captain member-in-charge at the Hazle- Pennsylvania Supreme Court’s in the firm of Weik, Nitsche, and received the Navy and ton office of McNees Wallace Criminal Procedural Rules Dougherty & Componovo, Marine Corps Commendation & Nurick LLC. She has been Committee. located in Wilmington, DE. Medal. He also received the with the law firm for twenty Commandant’s Award from the years and was among its first THE DICKINSON LAWYER 41

1986 firm in West Chester, PA, 1988 1989 recently appeared on WHYY- Frank Chmielewski is currently the Terry Camp is a Clifford Gibbons opened F. Clifford director of examinations at the FM’s “Voices in the Family” to partner with Gibbons, LLC, in Princeton, NJ. American Institute for Char- share insights into the changing Budd Larner, nature of grandparents’ rights tered Property and Casualty P.C. in Short William M. Lafferty, partner at Mor- Underwriters/Insurance Insti- in Pennsylvania. Hills, NJ, and ris, Nichols, Arsht & Tunnell, tute of America, in Malvern, PA. vice chair of LLP, was selected as among the Stephen H. Sherman became vice the NJSBA 500 Top Stars by LawDragon. president, general counsel and Entertain- William was also recognized for corporate secretary for SGS ment, Arts & legal excellence in the 13th North America, Inc. in Ruther- Sports Law Section. Terry edition of The Best Lawyers in ford, NJ. SGS North America, recently served as counsel and America, a prestigious biennial Inc. is the regional subsidiary of co-producer to the Liberty JAM list published by Woodward/ SGS Group of Geneva in multi-artist concert at Liberty White, Inc. He is well regarded Switzerland, the world’s largest State Park featuring Cheap for his work in complex corpo- testing and certification company. Trick, George Clinton & P-Funk, rate and commercial litigation. Patti Smith and many others. He also appears in the 2005, John H. Driscoll Jr., senior vice 1987 His other practice areas include 2004 & 2003 editions of the president and senior financial Jacqueline Conforti Barnett has been litigation involving consumer Chambers USA Guide to America’s planner for U.S. Trust’s New promoted from university legal law, real estate, environmental Leading Lawyers for Business as England region, received the counsel to associate chief coun- and mass tort. one of the leading practitioners 8th annual Deborah Eldridge sel of the Pennsylvania State in the Delaware Court of Award from the Estate and System of Higher Education. In Lancaster, PA, firm Deem & Chancery. Business Planning Council of addition to administrative duties, Lopez Law Offices recently Hartford, CT, at the Council’s Jacqui represents Cheney Uni- welcomed Carol Deem as a share- Gregory Melucci recently accepted 2006 annual meeting. versity of Pennsylvania, the holder and announced its new an appointment to the U.S. Construction Support Office of name as Deem, Farney & Attorney’s Office in Pittsburgh, Cozen O’Con- the Office of the Chancellor Lopez Law Offices. The firm PA. nor member and serves as the lead attorney continues to focus on appeals, Michael A. Hamil- for the agency in construction civil rights litigation and 1990 ton recently and general procurement issues. employment law. presented at Susan Jin Davis has been named vice president of corporate the Property Raymond J. Conlon has affiliated In March of 2006, after practic- Loss Research ing civil litigation for close to development at Comcast Cor- with Dallas W. Hartman, P.C. to poration. Susan is located at Bureau Annual establish Hartman and Conlon, eighteen years with Peters & Claims Con- Wasilefski in Harrisburg, PA, Comcast’s corporate headquar- P.C. in Butler, PA. The practice ters in Philadelphia, PA. ference in Nashville, TN. He specializes in plaintiff’s person- Thomas A. Lang left the active spoke on the topic of “Intellec- al injury litigation. practice of civil litigation and tual Property Claims and accepted the position of direc- James Delduco was married to Advertising Injury Coverage.” tor of operations for Real Alter- Dana on New Years Eve 2005. Vicky Ann Trimmer, a partner with James is associate general coun- Hamilton concentrates his prac- the Harrisburg, PA, firm of natives, also located in Harris- tice in insurance coverage, bad burg. Real Alternatives, a sel for the Defense Threat Mette, Evans & Woodside, pre- Reduction Agency. faith defense and commercial sented an identity theft program non-profit corporation, is the litigation from the firm’s to the Hershey area AARP prime contractor for the Com- Matthew J. Holden has been pro- Philadelphia, PA, office. chapter on November 17, 2005. monwealth of Pennsylvania’s Alternatives to Abortion Ser- moted to assistant general counsel at Lowe’s Companies, Laura Davis Jones was named one Melissa Vance is now employed by vices Program. of the 500 Leading Lawyers in Inc., a Fortune 50 company the New Jersey Office of the headquartered in Mooresville, America in the October 2005 Laurie Quinn and husband, Kevin, Public Defender, Law Guardian, NC. issue of LawDragon. representing children in cases announced the birth of their of alleged neglect and abuse. daughter, Taryn Olivia, who Stephen Kulla, and wife, Kimberly, Lawrence “Skip” Persick, partner joins an older sister and three Melissa was recently on Good became proud grandparents for and chairman of the Family Morning America as a member of older brothers. Law Department at Lamb the second time on December 14, the Legal Advisory Committee 2005. McErlane P.C, a full-service law of La Leche League International. 42 THE DICKINSON LAWYER

Paula A. Roscioli joined the ner. Donald practices in the PA, law firm of Foley, Cognetti, Susan M. Day Schilp and her hus- Northampton County (PA) areas of civil litigation, employ- Comerford, Cimini & Cummins band, Joe, announced the birth Court of Common Pleas. ment law and trusts estates. recently published an article in of their son, John Nicholas, the Pennsylvania Law Weekly born on February 22, 2006. 1991 Leah Burnham Grinnen and her 6- entitled “Hills and Ridges: Pro- John joins sisters Katie (5) and year-old son, Ethan, relocated defense trial court decisions Mary (3). Jeff S. Gross is currently a partner from Indianapolis, IN, to tempered by pro-plaintiff with Batt & Gross in Philadel- Phoenix, AZ, “to be in the sun appellate decisions.” He was 1994 phia, PA. and surrounded by mountains.” also recently selected as the Leah retained her position as first place winner in the Weekly Barbara Ruth-Cook and her hus- Pamela Jane (Collins Longhi) Stead general counsel for Oak Street Newspapers category of the band, Chris, are pleased to married Kevin Stead on Financial Services, headquar- 27th annual William A. Schnad- announce the birth of Adam November 25, 2000. The couple tered in Carmel, IN, and cur- er Print Media Awards. His Christopher on August 9, 2005. welcomed a daughter, Lilian, rently works from an office at award-winning article, which Adam has two older brothers, on July 31, 2005. Pamela Oak Street's western region appeared in his column in the Benjamin and Conor. switched careers in 1997 and mortgage lending center in Pennsylvania Law Weekly, was now teaches 7th grade Social Scottsdale, AZ. She is part– entitled “What I Learned From In May 2006, Elizabeth Gant Studies and French in owner of the company. the Corleone Family.” became associate counsel to the Metuchen, NJ. Blue Cross Blue Shield Associa- tion in Washington, D.C., and Brian F. Jackson joined the new Clark DeVere of Metzger Wicker- Melissa Klipp,a management committee for sham Knauss & Erb, P.C. in relocated to Arlington, VA. partner in McNees Wallace & Nurick, Harrisburg, PA, has been certi- Drinker Bid- LLC. Brian specializes in labor fied as a member of The Mil- Paul W. Minnich, an attorney at dle & Reath’s and employment law. lion Dollar Advocates Forum, Barley Snyder, LLC has been Litigation and recognized as the most presti- named a Pennsylvania Super Intellectual Lawyer Rising Star by Law & The Honorable Kathy (Donnelly) Keating gious group of trial lawyers in Property Prac- was re-elected as Carlisle (PA) the United States. Membership Politics. tice Groups, Borough’s magisterial judge. is limited to attorneys who have has been cho- won million or multi-million Dina Ellis Rochkind, her husband, sen by JNBiz as one of New Steve, son, Reuben, and daugh- In January 2006, Jennifer M. dollar verdicts, awards and set- Jersey’s Best 50 Women in ter, Camryn, celebrated the McHugh rejoined the Cozen tlements. Business. She was featured in O’Connor firm’s Philadelphia, birth of Darci Nicole on Febru- the March 27, 2006, issue of the ary 20, 2006. Dina and her fam- PA, office as a member in the John M. Domurad, the chief deputy magazine. Melissa focuses her Business Litigation Depart- clerk to the U.S. District Court ily reside in downtown Bethes- practice on internet and com- ment. Jennifer concentrates her for the Northern District of da, MD. She is senior counsel puter-related litigation and practice in the areas of com- New York, has been selected as to the House Financial Services counseling, electronic discovery mercial litigation, professional the 2006-2007 Supreme Court Committee. and forensics, as well as IP dis- liability, medical malpractice, Fellow assigned to the Admin- putes involving trademarks, insurance, real estate litigation istrative Office of the U.S. Courts. 1995 copyrights and theft of propri- and other general civil litigation etary information. Alan R. Boynton matters. Jill A. Moran won the race for pro- Jr. of the Har- thonotary for Luzerne County risburg, PA, Wendy P. (Goodspeed) Witt has Peter M. O’Mara has been named a (PA) by a nearly two-to-one established The Three Rivers firm McNees New Jersey Super Lawyer in margin. Wallace & Estate Planning Firm, LLC both 2005 and 2006 in the prac- and practices mainly in Pitts- Nurick, has tice areas of DWI and criminal M. Jeffrey Noonan has partnered burgh, PA. Wendy recently been named a defense. with C. Ryan Horne to expand 2006 Super became licensed to practice law the Wealth Management Group in Florida as well. Wendy, her Lawyer by Catherine (Tucker) Peglow married through UVEST Financial Ser- Law & Politics magazine. Alan is husband and three children live Mark Peglow on September 2, vices, Inc. Jeff will be available in the Fox Chapel area. the chair of the Injunction 2006, in Greensboro, NC. for all Cooperative Bank offices Group at the firm. and will provide a full range of 1992 1993 investment and planning serv- Tobin A. Butler recently joined Poor & Devine, LLC has pro- ices to both individual and Litchfield Cavo, LLP working Daniel E. Cummins, a civil litigator commercial clients. moted Donald H. Blackwell to part- and partner with the Scranton, in insurance defense as an associ- ate in the Cherry Hill, NJ, office. THE DICKINSON LAWYER 43

ALUMNI EVENT CALENDAR

March 2007 Northeastern PA Chapter Luncheon Thursday, March 15 – 12:00 to 1:30 p.m. Westmoreland Club, Wilkes-Barre, PA Amy Coutant has been in the 1996 felony unit of the Public Michele Stawinski Burkholder mar- Lehigh and Northampton County (PA) Alumni Reception Defender’s Office in Baltimore ried Anthony Burkholder (PSU Thursday, March 15 – 5:30 to 7:00 p.m. City for four years. Avraham ’04) on October 15, 2005. Hotel Bethlehem, Bethlehem, PA (Avie) Raphael Stone and Amy were married July 5, 2006, in Stacey (Free) Farley and her hus- Southeastern Pennsylvania and Delaware Alumni Reception the Dominican Republic. Avie band, JJ, announced the birth of Wednesday, March 21 – 6:00 to 8:00 p.m. is also an assistant public Joshua Thomas on September Home of Stephanie ’97 and James Deviney defender in the felony unit in 20, 2006. He joins big sister 540 Cory Lane, Aston, PA Baltimore City. Brittan and big brother Will. April 2007 Steven F. Fairlie is among Pennsyl- Dana McDade and Jeffrey Grossman Washington, D.C. Alumni Reception vania’s Lawyers on the Fast welcomed their second daugh- Monday, April 2 – Time and Location TBA Track, according to Pennsylvania ter, Kara, in June 2005. Kara Law Weekly and The Legal Intelli- joins older sister Mallory. Jeffery Florida Alumni Reception, gencer. Steven is a partner at the was also named partner at Thursday, April 19 law practice of Rubin, Glick- Stradley Ronon Stevens & West Palm Beach, FL – Time and Location TBA man, Steinberg and Gifford of Young, LLP. Lansdale. Race Judicata 5K Race The Philadelphia, PA, firm Saturday, April 14 – 8:30 a.m. Mark Fetterman married Sarah Tra- Pepper Hamilton, LLP elected Trickett Hall, Carlisle, PA bulsi on March 4, 2006, in Matthew J. Hamilton to counsel. He Wilmington, DE. The best man concentrates his practice in May 2007 was Chris Froelich ’95. Also present pharmaceutical and medical Law School Commencement was Scott Amori ’95 and Layne Oden device product liability litiga- Saturday, May 12 – 10:30 a.m. ’95. Mark is a trial team leader tion, including complex mass Old West, Dickinson College Campus, Carlisle, PA with the Delaware County Dis- torts litigation, federal multidis- trict Attorney’s Office. He also trict litigation, coordinated state Northeast PA Chapter Dinner is an adjunct professor of politi- court actions and class actions. Date, Location and Time TBA cal science at Penn State’s Delaware County campus. Angela L. Heim recently became a June 2007 Federal Region III program PBA Annual Meeting Reception Marga (Torrence) Mikulecky and manager for the Department of Wednesday, June 20 – 5:00 to 7:00 p.m. husband, Paul, are proud to Homeland Security in Philadel- Sheraton Philadelphia Center City Hotel announce the birth of their son, phia, PA. Philadelphia, PA Colin, on June 12, 2006. Marga currently consults on education In February 2006, Beth (Herman- Additional events being planned for this spring and summer policy issues, and Paul is an son) Kinsley, her husband, John, include a Northern New Jersey Alumni Reception and an internal medicine physician in and their son, Johnny (2), wel- Erie Alumni Golf Outing. Denver, CO. comed Louisa Elizabeth to their family. Beth is currently For more information or to RSVP for an event in your area, Kurt Williams is an associate with practicing real estate law as please email Dyanna Stupar at [email protected] or call 814- Salzmann Hughes, P.C. in senior counsel at Goodwin 863-7047. Please contact us at [email protected] if you Carlisle, PA, concentrating in Procter in Boston, MA. would like to help us plan an alumni event in your area. the areas of corporate, environ- mental land use, municipal law Robert G. Minnich recently joined In cooperation with Penn State’s colleges and local alumni and real estate. Hahn Loeser & Parks as an groups, the Penn State Alumni Association is hosting a series associate in Naples, FL. of City Lights cultural events this spring. Penn State’s faculty Michael Yelen, and his wife, Sher- and student stars will hit the road to present educational and ry, welcomed Olivia Morgan to Michael O’Mara was recently entertaining programs for alumni and friends as part of the their family on February 16, named a 2005 Pennsylvania City Lights program. All City Lights events require pre-regis- 2006. Rising Star by Philadelphia Mag- tration and most have minimal fees, with discounted fees for azine and Pennsylvania Super Alumni Association members and their guests. For more Lawyer Magazine. information, call 800-548-LION (5466), option 2, or visit www.alumni.psu.edu 44 THE DICKINSON LAWYER

UNCORKING A GOOD TIME In celebration of the Law School's new location at Universi- ty Park, this past October more than 130 students, faculty, DSL alumni and distinguished guests gathered together for a Wine Tasting at the Hintz Family Alumni Center, University Park. The event was sponsored by The Dickinson School of Law Student Bar Association, the Blue and White Society, and The Dickinson School of Law Alumni Office. The event is the first of many opportunities for the Penn State's Dickinson School of Law to build relationships with the greater State College legal community.

Traci Sarnataro announced the Office, achieving death penalty Pamela Rice recently relocated to their son, Miles, on November 8, birth of her second child, Duke defense qualification in July Columbus, OH, for the position 2006, in Seattle, WA. Currently, Christopher, on February 20, 2006. Matt concentrates his of trial attorney with the U.S. Scott is an intellectual property 2006. Duke has a big sister, practice on criminal defense. Department of Justice, Office strategist for Microsoft. Rosalie, who is 4 years old. of the U.S. Trustee. Deanne M. O’Dell has joined the After spending the past five Joel Solomon joined Eckert Sea- Harrisburg, PA, firm Wolf, Eric B. Smith of High, Swartz, years as the associate special mans Cherin & Mellott, LLC Block, Schorr & Solis-Cohen, Roberts & Seidel, LLP has advisor to the CEO of the UVA as a member in the Business LLP as an associate in the been named a Rising Star by Medical Center, as of August 21, Division. He focuses his prac- firm’s Energy, Telecommunica- Philadelphia Magazine and Law 2006, James Feist is now general tice on real estate law, creditors’ tions and Utility Regulation & Politics magazine. Eric focus- counsel for the UVA Health rights, corporate finance and Practice Group. es on real estate and commer- Services Foundation, the physi- acquisitions. cial litigation, as well as munici- cian practice group for all UVA Edward A. Paskey II has been elect- pal and land use law. physicians. James’ wife, Jennifer 1997 ed shareholder with Kagen, Breen Feist, continues to enjoy a MacDonald & France, P.C. of 1998 career as a vice president in Richard S. Caputo has been named York, PA. Ed was named a 2005 Wealth Management for Wachovia shareholder of the Reading, PA, Rising Star Pennsylvania Super Joanne E. Book was elected part- Bank in Charlottesville, VA. firm Stevens & Lee. Richard Lawyer Under 40 by Law & ner with the Harrisburg law They have a son, William (3). represents Politics magazine. In April 2006, firm of Rhoads & Sinon, LLP, exempt organ- where she practices in the area he presented “Criminal Impli- Daniel Gallucci was selected as one izations on a cations of Sexual and Physical of estate planning. Joanne was of Pennsylvania’s Rising Legal wide range of Abuse of Children” at a semi- also named as one of Central Stars in the December 2005 tax and related nar for attorneys, physicians, Pennsylvania’s 2006 Top Forty issue of the Philadelphia Magazine. issues and social workers and law enforce- Under 40 by the Central Penn spends a Business Journal. ment agents in York County. In Alison Grace (Carpenter) Johansen majority of his May 2006, he appeared on an married Kenneth Peter practice form- episode of the Court TV docu- James E. Chiaruttini, an attorney at Johansen III on June 10, 2006. ing nonprofit organizations such mentary series “The Investiga- Barley Snyder, LLC, has been Alison lives in Arlington, VA, as public charities, private foun- tors,” profiling a case he prose- named a Pennsylvania Super and works as a legal editor for dations, corporate foundations cuted while he was first deputy Lawyer Rising Star by Law & the Bureau of National Affairs and trade associations. district attorney of York County. Politics. in Washington, D.C.

Matt M. McClenahen has founded Heather Conlon-Keller and husband, Andrea Myers Pollina and her hus- Darren Holst and Jessica Diamond- McClenahen Law Firm, LLC Mark, welcomed their son, band, Christopher, are pleased stone were married on Septem- in State College, PA. Prior to to announce the birth of their Declan Mark, on April 10, 2006. ber 4, 2005. Other Dickinson going into private practice, second child, Madeleine Clair, Law School alums in atten- Matt spent five years in the Scott Edwards and wife, Kimberly on November 1, 2005. dance were Stacey Acri ’98, Lisa York County Public Defender’s Larson-Edwards, welcomed Miller ’98, David Schertz ’98, Lucy THE DICKINSON LAWYER 45

Sean Fields and his wife, Ann, Cole (and family) and Katherine celebrated the birth of twin Pearson were in attendance. boys, Lucas and Noah, on March 26, 2005. Sean is associ- Jeffery C. Mick- ate counsel for the Pennsylva- letz joined the nia School Boards Association Harrisburg, and an adjunct professor of PA, firm of business law at the Harrisburg Rawle & Area Community College. Henderson, LLP. Jeffery Nicole (Francis) Hadaway and her works in the husband, Philip, welcomed a Commercial daughter, Phoebe Constance, Motor Vehicle Section and on April 5, 2006. focuses his practice on the defense of transportation com- Jimmy Leo III and wife, Kimberly, panies and their insurers. are pleased to announce the arrival of Ryleigh Ann on Octo- Rachel Robbins was recently ber 2, 2006. named 2005 Pennsylvania Ris- ing Star by Philadelphia Maga- Andrew R. Eisemann, a lieutenant colonel in the Army Reserve, Amy Morrissey Turk, who is the first zine and Pennsylvania Super returned in August 2006 from a fifteen-month deployment to Iraq woman president of the Nor- Lawyer Magazine. in support of Operation Iraqi Freedom. Andrew served as a mili- folk (VA) Sports Club, chaired tary advisor to the Iraqi chief of staff of the 5th Iraqi Army Divi- the club’s annual 2006 Jam- Karyn Waldman Samuel and her sion in Kirkush. He also served as the advisor to the 5th Division’s boree, which featured Notre husband, Rowan, are happy to Legal Section. His daughter, Cassidy May, was born on August 25, Dame football coach Charlie announce the birth of their first 2005, while he was in Iraq. Weis. child, Jacob Max, who was born on August 21, 2005. M. Quentin Emick recently made Johnston-Walsh ’97, and Jennifer (Feit- 1999 elberg) Turk ’97. Darren is a partner partner at the firm of Cranwell, Alan W. Flenner, accepted com- 2001 in the Harrisburg, PA, law firm Moore & Emick, P.L.C. in Vin- mand of Naval Mobile Con- ton, VA. Mischa M. Bastin has returned to of Howett, Kissinger, Conley & struction Battalion 21 (NMBC Armstrong Teasdale, LLP. Mis- Holst. Jessica is a staff attorney 21) during a Change of Com- cha practices in the firm’s in the Carlisle office of Mid- mand ceremony conducted at 2000 Kansas City, MO, office, where Penn Legal Services. They Naval Air Engineering Station Debra Domenick practices plain- he is a member of the firm’s reside in Harrisburg. in Lakehurst, NJ, on September tiffs’ personal injury and work- Criminal Defense and Compli- 10, 2005. Alan is a commander ers’ compensation at O’Donnell ance Practice Group and also William H. Platt II was named a in the U.S. Navy and now leads Law Offices in Wilkes-Barre, actively focuses his practice on 2005 Pennsylvania Super 600 Navy Reserve Seabees in PA. business litigation. Lawyer Rising Star by Law & Pennsylvania, New York and Politics. Bill is the supervising New Jersey. Alan is also an Daniel Durst was elected to serve In June 2006, Christopher Conrad attorney of the Allentown, PA, attorney with High, Swartz, as a supervisor for West Mead joined the Harrisburg, PA, office office of Flamm Boroff & Roberts & Seidel in Norris- Township of Crawford County of Marshall, Dennehey, Warner, Bacine, P.C. town, PA, and has been named (PA). Coleman & Goggin, P.C. as an a Distinguished Alumnus of the associate in the Professional Lia- Heidi (Ritter) van Steenburgh joined University of Delaware Jill (Radomsky) and Timothy B. Fisher bility Practice Group. Chris, his Cozen O’Connor’s Philadel- Mechanical Engineering II had a son, Timothy Buckley wife, Jennifer, and his daughter, phia, PA, office in January 2006 Department. He focuses his III, on April 19, 2006. Lindsay, recently moved to as an associate in the Subroga- law practice on matters associ- Mechanicsburg, PA. tion and Recovery Department. ated with the built environ- On April 29, 2006, Monica Mathews Prior to joining the firm, Heidi ment and concentrates in the married Michael Reynolds in Brian Dougherty and his wife, Jen- was an associate with White areas of municipal, environ- Center City Philadelphia, PA. nifer, welcomed their son, and Williams, LLP in Philadel- mental and land use law. Karen Waldman Samuel ’00 and Lola Noah, on June 2, 2006. Brian is phia. Rodriguez Perkins ’00 served as brides- an associate at White and maids and Lucia Sitar Furbee ’00, Lance Williams, LLP and recently 46 THE DICKINSON LAWYER

moved his practice to the firm’s Jacob Oliver Patch Raudabaugh, In March 2006, Karl Myers sumer litigation involving Chester County (PA) office on June 7, 2006. became a litigation associate at defective vehicles and automo- from the Philadelphia office Stradley Ronon Stevens & bile dealer fraud cases for where he had been practicing Michelle Thurstlic was sworn in as Young, LLP in Philadelphia, clients in Ohio and Western since 2003. an assistant district attorney by PA. In addition, Karl was Pennsylvania. Hilary also mar- the Delaware County, PA, recently appointed by the chan- ried Brian Taylor on October 22, Jonathan Fisher married Rhonda Court of Common Pleas. cellor of the Philadelphia Bar 2005. Fellow DSL grads Jean Quesenberry on July 8, Association to the Investigative attending the wedding and pre- 2006. Jonathan is currently a Laura M. Turlip married Patrick J. Division of the Bar Associa- wedding festivities were Claudia partner with The Fisher Law Murphy, Esq. on June 10, 2006. tion’s Committee on Judicial (Moreno) Williams ’03, Erin Thompson Firm, P.C.,located in Dublin, VA. Laura was sworn in as a magis- Selection and Retention. ’02, Kim (Dewitt) Bonner ’02, Ronald terial district judge in Lackawanna Jackson ’03, Matthew Goodrich ’02, Christina E. Hale, associate attor- County (PA) on January 1, 2006, Debra Lee Hart Alicia Zito ’02, and Eric ’02 and ney with Michael J. O’Conner and also maintains a solo law Munchel and Rachel (Mohler) ’03 Newman. & Associates, was named as a practice. husband, Pennsylvania Super Lawyer Edward, wel- 2003 Rising Star, as published in the Lisa M. Wampler, comed their December 2005 editions of Law an attorney first child, Emily Atwood is now working for & Politics and the Philadelphia with Cohen, Milania Gwen, the Office of the State Appel- Magazine. Seglias, Pallas, on June 22, late Defender in Chicago. Greenhall & 2005. They Jarrett J. Ferentino, and his wife, Kara K. Messner married Chris Furman in its are expecting their second child Gendron on Earth Day, April 22, downtown in January 2007. Debra opened Dr. Nicole Linskey-Ferentino, 2006. Kara wrote, “I heard that Pittsburgh, The Law Offices of Debra L. are pleased to announce the rain on a wedding day is good PA, office, has Munchel in Orlando, FL, in arrival of their son, Dominick luck, and let’s just say that we been elected as one of the 2000. Her main areas of prac- Jarrett, on October 4, 2005. Jar- were exceptionally lucky!” directors on the Board for the tice are criminal defense and rett is an associate at Mahler, Dickinson School of Law alum- Pittsburgh Chapter of the family law. Shaffer, Pugliese & Finnegan, ni that attended the wedding National Association of Women Kingston, PA, and a part-time assistant district attorney in included Dorothy L. Mott ‘85 (Kara’s in Construction (NAWIC) for Daniel D. Santos, Luzerne County specializing in mother), Kristin Messner ‘01 (Kara’s 2006-2007. an associate in homicide cases. sister), Brooke Elvington ‘01, Harvey Saul Ewing’s Feldman ‘69, Theresa Barrett Male ‘86 Business 2002 Adam Fernandez recently achieved and Deborah Hughes ‘79. Chris and Department Kara honeymooned in the Gala- Rob Donaghy was juror #1 and the and member an LL.M. in taxation from the pagos this past August. foreman in an important civil of its Insur- Villanova University School of lawsuit in the Delaware Superi- ance Practice Law. Adam works in the Busi- or Court. The jury awarded a ness, Tax and Estate Planning Megan Millard recently relocated Group, was to Seattle after accepting an in- near courtroom record in dam- selected to participate in the sections of the Pennsylvania house counsel position at ages. Rob said he felt that 21st class of Leadership Harris- firm Hamburg, Rubin, Mullin, Microsoft. being a Dickinson School of burg Area’s community leader- Maxwell & Lupin. Law graduate made his job as a ship series. Daniel concentrates juror much easier. Ambrose W. Heinz and Mandy J. Lloyd Julie B. Miller is an associate of his legal practice in insurance Russell, Krafft & Gruber, LLP regulatory and transactional announced their engagement in Lancaster, PA. John Lucio is currently manager matters. on February 25, 2006. Mandy is of Shipbuilding Contracts, practicing with Stetler & Grib- Naval Sea Systems Command bin in York, PA, and Ambrose is Heather L. Paterno of Goldberg Lee Ann Shupp is assistant counsel Katzman was honored as the for the U.S. Navy in Washing- to the Pennsylvania Higher practicing with Mette, Evans & Dauphin County (PA) Bar Asso- ton, D.C. Education Assistance Agency. Woodside in Harrisburg, PA. ciation Pro Bono Lawyer of the Ambrose and Mandy plan to Year. Thomas McNulty and his wife, Kimmel and Silverman named marry in the spring of 2007. Jody, welcomed their second Hilary (Wheatley) Taylor managing child, Patrick Thomas, on Gregg H. Hilzer has joined the New Lisabeth Patch Raudabaugh and hus- attorney of the firm’s Western band, Dameche, are pleased to August 25, 2005. Pennsylvania office. Hilary Jersey law firm of Greenbaum, announce the birth of their son, focuses her practice on con- Rowe, Smith & Davis, LLP as THE DICKINSON LAWYER 47

an associate and will work in tion Practice Groups. Prior to the firm’s Roseland office. joining Faster & Greenberg, THE BLUE & WHITE SOCIETY Maris served as the judicial Pete Howland and his wife, Peg, law clerk for The Honorable This past semester, The Dickinson School of Law wel- announced the birth of their Gloria M. Burns of the Unit- second son, Benjamin, born ed States Bankruptcy Court comed the Blue & White Society to its array of organiza- on October 29, 2005. Ben for the District of New Jersey. joins his older brother, Tim, tions. The Blue & White Society is the largest student who was born in 2003. Pete is Christie Hayes is currently prac- organization at Penn State, and its members are student an associate at Wix, Wenger ticing as a labor and employ- & Weidner in Harrisburg, PA, ment attorney at Baker, members of the Penn State Alumni Association. The soci- practicing in the areas of real Donelson, Bearman, Caldwell ety helps students find meaningful ways to connect and estate, business and munici- & Berkowitz in Johnson City, pal law. TN. Christie was married on network to Penn State students and alumni. Currently, August 18, 2006. DSL has over 80 members involved and is growing rapid- Captain Korvin Kraics and First Lieutenant Crista Kraics, are Luzerne County (PA) District ly. This past fall, The Dickinson School of Law Blue & Marine Corps prosecutors in Attorney Dave Lupas White Society formed an executive board and co-spon- North Carolina. Crista was announced the appointment recently selected to compete of Gene Molino as an assistant sored the wine tasting event in State College, PA, as well as a member of the all- district attorney. as a networking mixer with the Penn State School of marine cross country team. Desiree Nemec became a mem- Medicine students in Harrisburg, PA. Cumberland County commis- ber of the South Carolina bar sioners have appointed James in 2005 and took a position I. Nelson as an assistant public with Motley Rice, LLC, one defender. of the country’s largest plain- States Court of Appeals for Benjamin A. Lorah was married to tiffs’ litigation firms. Desiree the Third Circuit in Septem- Rebecca Wolfe (PSU ’03) on Laura M. Tobey and Louis J. Mattioli is a member of the Occupa- ber 2006. May 27, 2006, in Carlisle, PA. III were married on November tional Disease/ The couple resides in Min- 5, 2005, in Conyngham, PA. Toxic Tort Practice Group, Pina Galloro joined McNees ersville, PA. Laura and Louis both working in asbestos litigation. Wallace & Nurick, Harris- practice in Bethlehem, PA. burg, PA. Pina is an associate Meredith McKnight joined Crystal Stryker and husband, in the law firm’s Real Estate Zarwin Baum DeVito Kaplan Michael T. Traxler joined the Geoffrey, welcomed their Group. Schaer Toddy P.C. as an asso- Harrisburg, PA, firm of Rawle first child, Charles Lynn, on ciate. Meredith will work as & Henderson, LLP. He will October 14, 2005. In May Aaron Jackson joined Stock and an attorney in workers’ com- work in the Commercial 2006, Crystal joined the staff Leader where his practice pensation and civil litigation Motor Vehicle Section and of The Dickinson School of includes real estate law and practice areas in the firm’s will focus his practice on the Law as executive director of general practice. Philadelphia office. She is defense of transportation the Penn State Institute of licensed to practice in Penn- companies and their insurers. Arbitration Law and Practice. Randall C. Lenhart Jr. married sylvania, New Jersey and the Kelly A. Webb on June 24, Eastern U.S. District Court. Geoffrey Worthington is engaged 2005 2006. Griffin S. Lee ‘05 attended to Tiffany Smith of Center the wedding as a groomsman. Michele Melnick joined Bronx Moriches, NY. The couple Julia Bahn married Mark Par- Wedding guests included district attorney Robert T. resides in the Stroudsburg, rish on December 30, 2005, John Secosky ‘05, Jack Dobbyn ‘05, Johnson’s office as an assis- PA, area. in York, PA. Julia is a law Michael Socha ‘05 and James tant district attorney. clerk for The Honorable Liskow ‘05. Randy is an associ- James M. Blaney, J.S.C., in ate at Warren H. Britt, P.C. in Sunshine J. Miller is working as 2004 Ocean County (NJ). She and Richmond, VA, specializing in an associate attorney with Maris J. Finnegan recently Mark reside in Ocean Gate, insurance defense and work- Devine Law Offices, LLC in joined Faster & Greenberg NJ. ers’ compensation. Lancaster, PA. She primarily Attorneys at Law in Cherry focuses on workers’ compen- Hill, NJ, as an associate in Erin M. Cearfoss became a staff sation and employment law. the Bankruptcy and Litiga- attorney for the United 48 THE DICKINSON LAWYER

Ryan Patrick Newell has joined MULTIPLE YEARS IN MEMORIAM Connolly Bove Lodge & Hutz, Kurt A. Gardner ’87 recently The Honorable Robert L. Jacobs ’35 LLP as an associate in its announced the promotion to Wilmington, DE, office. Ryan shareholder of John C. Stevens ’96 Robert D. Hanson ’42 practices in the area of corpo- and the formation of Gardner & J. Edward Kern ’42 rate and commercial litigation. Stevens, P.C. Serving all of Irvin K. Jenkins ’43 northern Lancaster County In September 2006, Keri A. Schantz (PA), Gardner and Stevens Robert J. Wharton ’44 began working as an associate practice in the areas of family Doris Spangenburg Wing ’46 for High, Swartz, Roberts & law, estate planning/administra- Harvey H. Heilman ’48 Seidel LLP in Norristown, PA. tion, business law, civil litiga- tion and personal injury. William T. Hare ’53 Michelle Thurstlic was the guest speaker at the 24th Annual Aca- Stanley M. Evans ’54 Stuart L. Hall ’94 has formed a part- demic Excellence Ceremony Joseph L. Reynolds ’55 nership with Craig P. Miller ’83. for Garnet Valley High School. Stuart resides in Lock Haven, John S. MacDermid ’58 PA, with his wife, Stephanie, Vernon N. Fritchman ’64 Brandon Williams, an associate in and their sons, Wyatt and Mer- the Civil Litigation Practice ritt. Craig resides in Lock Dr. Philip K. Hensel ’69 area of Nauman, Smith, Shissler Haven with his wife, Diane, William B. LeCates ’71 & Hall, LLP a Central Penn- and their son, Matthew. sylvania law firm, has been Julianne E. Hammond ’75 appointed to the Broad Street John C. Porter ’02 and his wife, Bernard A. Pfeiffer ’75 Market Board of Directors. Heather Pratt ’04, are proud to announce the birth of their Gregory M. Wirt recently joined daughter, Lily Charlotte Sam- FRIEND Fox Rothschild, LLP as an mons Porter, on May 17, 2006. Professor Arthur Frankston associate in the Chester County John has also joined Gallagher, (PA) office. Rowan & Egbert, P.C. as a liti- 2006 gation associate. Nathanial Kuratomi joined the G. Philip Rutledge ’78 and Nicholas Huntington, WV, law firm Jenk- Bybel Jr. ’84 have opened a new The following alumni were inadvertently missed in the ins Fenstermaker, PLLC as an law firm in Lemoyne, PA. listing of 2005 Super Lawyers that appeared in our associate. Bybel Rutledge, LLP will focus last edition of The Dickinson Lawyer on serving the financial services Linda LeFever has joined Stradley industry, including mergers and Richard M. Goldberg ’63 Ronon Stevens & Young, LLP acquisitions, capital formation, Howard M. Goldsmith ’68 as an associate. As a member of regulatory advice and represen- Jeffrey S. Gross ’91 the firm’s Business Department, tation, corporate structuring and she focuses her practice on more. Candy Barr Heimbach ’85 commercial finance, mergers Ronald L. Hicks Jr. ’84 and acquisitions, public and pri- Wendy ’95 and Andrew Slear ’94 wel- James L. Hollinger ’60 vate securities work and other comed their daughter, Kathryn Lori A. Kachmar ’85 general business matters. Elizabeth, on April 19, 2005. Kathryn follows older brothers Edward B. McDaid ’69 Ethan and Travis. Peter M. O’Mara ’92 Robert G. Sable ’64 Claudia (Moreno) ’03 and Steve ’91 John W. Schmehl ’78 Williams welcomed their second daughter, Carissa, on Septem- Willis A. Seigfried ’69 ber 7, 2006. Carissa follows Eric B. Smith ’97 older sister Marena. Karen L. Steele ’80 James A. Young ’70 CONSTRUCTION in progress at UNIVERSITY PARK

View additional photos at www.dsl.psu.edu Lewis Katz ’66

The Law School celebrated the start of construction of our University Park building with a groundbreaking ceremony on Thursday, January 18.

THE FACILITY WILL BE NAMED THE LEWIS KATZ BUILDING

We are looking forward to hosting a groundbreaking ceremony in Carlisle in the near future! Pedro A. Cortés ’99 Secretary of the Commonwealth of Pennsylvania

The Dickinson School of Law The Pennsylvania State University Non-Profit Organization 150 South College Street U.S. Postage Carlisle, Pennsylvania 17013 PAID The Dickinson ADDRESS SERVICE REQUESTED School of Law The Pennsylvania State University

Visit the Web site for updated information and scheduled events at www.dsl.psu.edu