WIDENERUNIVERSITYSCHOOLOFLAW VOLUME 14 NUMBER 1 SPRING 07

Guilty as charged? Mistaken identity, science, and

The technology of surveillance Twelve years of service from the Criminal Defense Clinic

Mistaken eyewitness identification and wrongful convictions WIDENERUNIVERSITYSCHOOLOFLAW VOLUME14 NUMBER1 SPRING 07

Widener University School of Law Board of Overseers

Eugene D. McGurk, Esq. ’78, Chair Associate Provost and Dean, Linda L. Ammons, Ex Officio Steven P. Barsamian, Esq. ’75, Ex Officio C. Grainger Bowman, Esq. The Honorable M. Jane Brady The Honorable Peter John Daley II ’93 Michael G. DeFino, Esq. ’75 The Honorable Susan C. Del Pesco ’75 Jeff Foreman, Esq. ’94 Geoffrey Gamble, Esq. Jacqueline G. Goodwin, EdD The Honorable Philip A. Gruccio Vice Dean Russell A. Hakes, Ex Officio President JamesT. Harris III, DEd, Ex Officio Richard K. Herrmann, Esq. Justice Randy J. Holland Andrew McK. Jefferson, Esq. ’93 Peter M. Mattoon, Esq. Kathleen W. McNicholas, MD, JD ’06 George K. Miller Jr., Esq. ’81 The Honorable Charles P. Mirarchi Jr. The Honorable Donald F. Parsons Jr. Joanne Phillips, Esq. ’87 Vice Dean Loren D. Prescott Jr., Ex Officio School of Law Magazine Thomas L. Sager, Esq. Published by the Office of University Relations The HonorableThomas G. Saylor John F. Schmutz, Esq. Executive Editor: Lou Anne Bulik Susan E. Schwab, Esq. ’92 Editor: Debra Goldberg The Honorable Gregory M. Sleet Contributing Writers: Mary Allen, Jules Epstein, Debra Goldberg, The Honorable Lee A. Solomon ’78 Russell Hakes, Stephen Henderson, Rosemary Pall, Loren Jack M. Stover, Esq. Prescott, Judith Ritter, Sandy Smith, Leonard Sosnov Donald P.Walsh, Esq. Photography: Mary Allen, Ashley Barton, Jim Graham, The Honorable JosephT.Walsh Rosemary Pall, Nancy Ravert-Ward John A. Wetzel, Esq. ’75 Magazine Advisory Board: Mary Allen, Linda L. Ammons, Lou Anne Bulik, Paula Garrison, Debra Goldberg, Michael Goldberg, Susan Goldberg, Russell Hakes, Deborah McCreery, John Nivala, Rosemary Pall, Loren Prescott, Liz Simcox, Constance Sweeney Contents

28 Delaware Supreme Court Hears Arguments at Widener Law

Innocent and Found Guilty How can we prevent wrongful convictions? 4

The Widener Law Criminal Defense Clinic: 2 Dean’s Message TwelveYears of Making a Difference 6 18 Faculty Publications 22 Faculty News 27 Legal Briefs CRIMINALLAW/LITIGATION 32 Alumni Impact 38 Success Stories 46 Alumni Events 50 Class Notes TheTechnology of Surveillance: Will the Supreme Court’s Expectations Ever Resemble Society’s? 10

I’ll Never ForgetThat Face (But I Might Not Remember It Accurately) 14 Mistaken eyewitness identification testimony

Selma Hayman ’86, 13 Giving Back to Widener Law

WIDENER LAW 1 A message from the dean

“The highlight DEARALUMNIANDFRIENDS: My first year as your new dean has been rewarding and filled with activity here at the Law School. As you will discover as you read this issue of the of my first magazine, Widener Law is executing its vision, which states, in part, “Widener University semester as School of Law aspires to be a synergy of diverse and highly qualified students interacting with dedicated scholars, teachers, and practitioners in a vibrant, student-centered environment.” dean was The theme for this edition is criminal law and litigation. Our resident scholars, Professors Len Sosnov, Jules Epstein, Stephen Henderson, and Judy Ritter, provide informative articles participating on topics ranging from mistaken witness identification to how courts are applying the Fourth in the bar Amendment in issues of technology and surveillance. I Our students are getting real-world experience in a variety of forums. Professors Ritter and Arlene Rivera Finklestein’s sojourn swearing-in to New Orleans over winter break with nine Widener-Delaware law students to assist in ceremonies and protecting the rights of the accused is featured. Externs in Harrisburg talk about their experience at the Dauphin County District Attorney and Public Defender offices. David receptions for Sunday, a third-year student on the Harrisburg campus, shares his thoughts about the hundreds of summer he spent as an intern at the United Nations. Our alumni litigators in are also featured, Sharon Caffrey ’87, a partner with Duane Morris; Eugene McGurk ’78, our students a partner at Raynes McCarty; James Golkow ’86, a partner at Cozen O’Connor; Bernard who are now Smalley ’80, a shareholder with Anapol Schwartz; and Larry Bendesky ’87, a shareholder at Saltz, Mongeluzzi, Barrett & Bendesky, talk about their experiences in the courtroom, members of give advice to actors who play lawyers in the movies, and explain what it means to be a Philadelphia lawyer. I There is so much good news; I cannot summarize it all here. the bar in However, read more about the Dean’s Leadership Forum inaugurated this past semester. , Our first participant was New Jersey alumnus George Miller ’81, a successful attorney in private practice, businessman, and community leader. George packed our Ruby Vale Courtroom on New Jersey, the Delaware campus and spent a riveting hour talking about the difference Widener and Delaware.” made in his life and his subsequent successes, including dealing with none other than Donald Trump. On the Harrisburg campus, U.S. District Court Judge John Jones lectured on his decision in the “intelligent design” case, and Ann Durr Lyon, niece of Justice Hugo Black, and whose parents—along with civil rights activist E.D. Nixon—bailed out Rosa Parks when she was arrested for not giving up her seat on a Montgomery bus, joined us to celebrate Dr. Martin Luther King’s birthday. I After the wonderful official welcoming ceremonies on both campuses last fall attended by so many of you, the highlight of my first semester as dean was participating in the bar swearing-in ceremonies and receptions for hundreds of our students who are now members of the bar in Pennsylvania, New Jersey, and Delaware. There is much more to tell, as you will discover when you read this issue. I Finally, I want to thank all of you who have been so gracious in making my transition to Widener Law so seamless and successful. At Widener Law, we are living our vision, and our best days are yet to come. I

DEANLINDAL.AMMONS

2 WIDENER LAW DEARALUMNIANDFRIENDS: WIDENERUNIVERSITY A message from 2007 promises to be a great year for our SCHOOLOFLAWALUMNI the executive law school. Our alumni are establishing ASSOCIATION themselves as leaders in the legal community EXECUTIVECOUNCIL council and reaching new heights of success and Steven P. Barsamian ‘75, achievement. On December 11, the Alumni President of the Year Award was presented to Brian Frank C. DePasquale Jr. ‘86, Preski ’92, former chief of staff to the Vice President Speaker of the Pennsylvania House of Renae B. Axelrod ‘91, Representatives. Brian exemplifies the Secretary success that Widener graduates now achieve. The Outstanding Service Awards DIRECTORS recipients are Yvonne Takvorian Saville ’92 Thomas R. Anapol ‘91 and Scott Blissman ’97, and the Outstanding The Honorable Young Alumni were Robert J. Sanders ’98 Raymond A. Batten ‘79 and William Higgins ’99. It is certainly The Honorable Robert S. Blasi ‘75 gratifying to read what our alumni have Scott E. Blissman ‘97 done in such a short period of time. John F. Brady ‘91 The annual Philadelphia Alumni Michael A. Burns ‘04 Reception took place on March 22 at The Christopher Cabott ‘05 Crystal Tea Room. Over 300 attend this Alumni Association The Honorable annual event, including judges from many Richard M. Cappelli ‘81 benches and counties in the tri-state area. “The campaign to John Cirrinicione, Student If you missed the reception, please join Bar Association President, name the Alfred your fellow alumni next year for this Ex Officio Member fabulous party, which notably excludes Representative Mark B. Cohen ‘93 Avins Special speeches and fundraising, and is all about Bernard G. Conaway ‘89 reuniting with classmates and networking Michael J. D’Aniello ‘83 Collections with colleagues. Anna M. Darpino ‘06 The campaign to name the Alfred Library has The Honorable Avins Special Collections Library has Michael A. Diamond ‘82 now exceeded $200,000, and a dedication now exceeded Brian P. Faulk ‘02 ceremony to name the room in honor of Kenneth D. Federman ‘93 $200,000, and Dean Avins is scheduled for spring 2007. Dean Avins, our founder, deserves this Catherine N. Harrington ‘88 a dedication special recognition since, without his W. Bruce Hemphill ‘84 ceremony to initiative and perseverance, there would be Michael J. Heron ‘03 no Widener University School of Law, nor Damian S. Jackson ‘96 name the room any Widener Law graduates. If you have John F. Kennedy ‘01 not contributed to this campaign, please M. Susan Williams Lewonski ‘98 in honor of do so now, and be sure to attend the spring Kathryn A. Macmillan ‘78 ceremony, which will also mark the seventh Dean Avins is Anne M. Madonia ‘94 anniversary of his passing. Everyone Peter V. Marks Sr. ‘77 associated with Widener Law owes a scheduled for Cecilia M. McCormick ‘91 debt of gratitude to Dean Alfred Avins. Jeffrey W. McDonnell ‘94 Our new dean, Linda Ammons, has spring 2007.” David C. McFadden ‘96 begun to implement her ambitious plans to propel Widener to the forefront of law Frank J. McGovern ‘95 schools, and you can look forward to much Maria C. McLaughlin ‘92 greater visibility for Widener Law. Dean James F. Metka ‘80 Ammons brings her remarkable energy and The Honorable talent to the helm of the law school, and Paul P. Panepinto ‘76 we are already enjoying the fruits of her Jonathan E. Peri ‘99 efforts. Her ability to connect with the Dr. Stephen R. Permut ‘85 administration, faculty, students, and alumni GeorgeT. Ragsdale III ‘92 is invaluable in creating a unified and Larry S. Raiken ‘75 focused Widener image. Karen Ann Ulmer ‘95 Please join Dean Ammons and support Meghan L. Ward ‘03 our school in the way you can best serve!

SINCERELY,STEVENP.BARSAMIAN WIDENER LAW 3 CRIMINALLAW/ADVOCACY

Innocent and Found Guilty

In an imperfect justice system, responsiveness and disclosure can help prevent wrongful convictions.

By Professor Leonard Sosnov

4 WIDENER LAW When individuals charged with crimes are factually innocent, can be litigated in the federal courts. Reconsideration of a they usually get the verdict they deserve—not guilty. For case is frequently unattainable in state courts as well, once others, there are guilty verdicts, long-term incarceration, and the “has spoken”—no matter how uninformed or misled bleak prospects for vindication. Why does the system produce because of lawyer incompetence, , such results in these cases? This is partly because the very or other factors. Once, in a case where I had convincing new nature of the system is imperfect. There are no video cameras of the defendant’s innocence, the rejected on when the crime took place, or physical evidence to test it, telling me, “We have to respect the sanctity of the verdict.” for DNA to tell us conclusively who the perpetrator is. Fortunately, in a few of these cases, relief is possible because Thus, the jury must sort out the testimony of witnesses who a judge is concerned with justice, rather than finality. may be lying or sincerely mistaken. Other variables come In a small percentage of cases, DNA testing can scientifi- into play, including the relative skills of the attorneys for cally prove the perpetrator’s identity because physical evidence the prosecution and the defense. It is no wonder then, that such as sweat, blood, saliva, or another bodily secretion may guilty persons are sometimes found not guilty, and innocent be tested. It is of vital importance that this evidence be individuals sometimes convicted. There are, however, other preserved and made available for testing. While the law is factors that adversely affect the innocent, which are not natural by-products of an imperfect justice system. One problem is the tunnel vision some police and Once the innocent defendant is convicted, possess once a crime is “solved” with an arrest. Any becomes much more difficult. investigation before police concluded that the defendant was the perpetrator, even when fairly conducted, usually ceases The Supreme Court has once an arrest is made. The resources of the prosecutor and held that, unlike some trial errors, a police are then directed toward building a case for conviction at trial. Not infrequently, this means ignoring leads and claim of innocence does not even raise evidence, which may show that someone else did the crime. a constitutional question that can be For example, often a crime is deemed “solved” when a crime victim, attacked by a stranger, identifies a picture of litigated in the federal courts. an individual from an array of photographs. The identified person is arrested as a result. In some cases, the victim (or eyewitness) attends a post-arrest lineup, in which police generally improving, many states still have no provisions include the defendant. On occasion, the victim positively guaranteeing the preservation of this evidence for testing identifies an individual other than the defendant. or re-testing as scientific methods advance. Even where the Countless times, I have seen the same thing happen: evidence is available, many states have statutes of limitations The individual positively identified is not investigated, the on testing requests, or difficult evidentiary hurdles. identification is treated by authorities as a “,” and Post-conviction DNA testing, it is hoped, will become the prosecution proceeds. increasingly available. Both commentators and the courts Because defense counsel is present at the lineup, or have recognized DNA as nothing less than a truth machine otherwise informed of the result, the jury might be apprised that ensures justice. With the increasing availability of large that someone other than the defendant was identified as the DNA data banks, DNA testing has the potential not only to perpetrator. In other situations, however, defense counsel is exonerate an innocent, incarcerated defendant, but also to kept in the dark about evidence that might exculpate the lead to the arrest and conviction of the real perpetrator who client. The United States Supreme Court has held that a has been free to commit more crimes. Additionally, if test prosecutor’s duty is to seek justice, and therefore the Due results confirm the defendant’s guilt, society is served because Process Clause requires disclosure of any material evidence any question of innocence has been put to rest. tending to show the defendant is innocent or which discredits Our imperfect system needs to be more responsive the state’s witnesses. Because this is a self-policing obligation, to the possibility of error both before and after conviction. overzealous police officers or prosecutors can bury significant “Justice” system is a misnomer when there is not enough evidence they are duty-bound to disclose. attention paid to fairly disclosing and analyzing all evidence Once the innocent defendant is convicted, exoneration in an effort to determine the truth. I becomes much more difficult. The United States Supreme Professor Sosnov teaches and writes in the areas of Criminal Law, Court has held that, unlike some trial errors, a claim of , and Evidence. He has extensive litigation experience, innocence does not even raise a constitutional question that including briefing and arguing two cases before the United States Supreme Court.

WIDENER LAW 5 CRIMINALLAW/ADVOCACY

On the steps of the courthouse in New Orleans: From left, Rachel Ramsay, Danielle Graham, Dave Iannucci, Jessica Sanchez, Everett Gillison, Lisa Vetro, Nazim Karaca, and Eric Lubin. Also participating but not shown were students Brett Bendistis and Julie Serfess. Gillison is a public defender in Philadelphia who joined the students on the trip.

6 WIDENER LAW Over time, law school clinics have served Certification from the Pennsylvania Widener the dual functions of preparing students Supreme Court authorizes our students to for the practice of law and providing function as first-chair lawyers. We start legal assistance to underrepresented each semester with an intense training Law populations. and orientation program that covers When I joined the Widener Law substantive law and legal skills. Once the Criminal faculty in 1994, I was offered the students get their cases, they conduct opportunity to start a new, live-client, client interviews, fact investigation, legal in-house, criminal defense clinical research, preliminary hearings, pre-trial Defense program. “Live client” distinguishes the discovery and motions, plea negotiations, program from simulation courses. It means guilty plea colloquies, pre-trial hearings, Clinic: that students represent real defendants and trials. The cases run the gamut of in real criminal prosecutions. “In-house” those that a new public defender would means that the clinic functions as a small encounter: assault, drug possession, DUI, Twelve firm housed at the law school. Looking terroristic threats, and thefts. What the back at our first twelve years, I am students lack in experience, they make up gratified that the Widener Criminal for in preparation and passion enabling Years of Defense Clinic has exemplified the them to gain good results for our clients. founding principles of clinical education. In addition to the more routine Making a My partner, Staff Attorney Romie cases, over the years the clinic has also Griesmer, and I follow a simple clinical taken on more unusual cases, as the education design: Through hands-on following highlights demonstrate. Difference experience, a small caseload, close mentoring, and a “leave no stone REPRESENTATIONOFCAPITAL DEFENDANTSIN CERTIORARI By Judith L. Ritter, Associate Professor unturned” philosophy, we teach students PROCEEDINGSINTHEUNITED how to be thorough, prepared, and STATESSUPREMECOURT: effective defense lawyers. Our goal is for The clinic has represented a number BORN IN THE 1960S, clinic students to graduate having seen of Pennsylvania capital prisoners in CLINICAL LEGAL and practiced client-centered, zealous, petitions for certiorari to the United States and conscientious defense lawyering. Supreme Court. These projects provided EDUCATION IS Another significant feature of the students with a breadth of experience as they mastered the formalities, rigors, ROOTED IN THE the clinic model is “team litigation.” Students work in teams that include a and requirements of Supreme Court NOTION THAT LAW faculty member. Team meetings with practice. The work strengthened their routine brainstorming sessions provide research skills, as they were required STUDENTS BELONG valuable opportunities for students to to immerse themselves in complicated, challenging, and often unfamiliar ON THE FRONT LINES appreciate the intellectual joy of creatively and carefully analyzing legal issues. legal issues. Petitions prepared by the IN THE BATTLE FOR Moreover, the legal product created clinic presented issues involving the by the team is superior to one provided Confrontation Clause, jury instructions, SOCIAL JUSTICE. by individual litigators. and the Eighth Amendment’s prohibition

WIDENER LAW 7 of cruel and unusual punishment. These of the Public Defender for Orleans petitions also allowed students to hone Clinic enrollment is Parish. As part of this project, a joint their writing skills as they drafted and endeavor of the Criminal Defense Clinic re-drafted arguments and received much always full because and the Public Interest Resource Center, feedback and editing suggestions. Of students recognize the students assisted with and conducted bail course, the final product had to be motions on behalf of pre-trial detainees perfect, and students learned how to enormous rewards who have suffered, and whose cases have exert maximum effort to accomplish that the program offers— been neglected due to the chaotic state goal. Perhaps most important were the of the court system after Hurricane relationships students established with providing quality Katrina. Because a number of these condemned prisoners. Students were students have just completed their expected to correspond with their clients defense for the indigent, Criminal Clinic experience, they have and thereby learned something of the gaining first-chair real-world experience doing this work personalities behind the names. Indeed, and can provide truly valuable assistance. when one cert client with sickle cell lawyering experience, Much of the financial backing for this anemia suffered from hypersensitivity acquiring confidence, trip came from generous contributions to the cold, a clinic student went through from Widener Law alumni who rallied prison channels to get him extra blankets. enhancing a resume, to our call for help. When he died from his illness while his and employability— TWELVEYEARSOFREWARDS: case was pending, the student attended Clinic enrollment is always full because the funeral, interacted with his family, to name a few. students recognize the enormous rewards and felt a loss. the program offers—providing quality

DNAANDINNOCENCE: Defense clinic defense for the indigent, gaining first- students took on a couple of cases in chair lawyering experience, acquiring which, years after a conviction and the confidence, enhancing a resume, and imposition of life sentences, our clients employability—to name a few. Then sought the opportunity to be exonerated there is the reward for the teachers. through DNA testing. In both cases the That comes when we accompany students technology was not available at the time to court appearances and see the pro- of their trials. While exoneration was not nounced growth and professional to be, students gained knowledge of the maturity demonstrated by our students. science of DNA, post-conviction law and We feel enormous pride when we see our practice, the challenges of investigating students conducting court proceedings as old cases, and techniques for counseling professional and persuasive advocates. I clients with diminishing options. Judith L. Ritter is professor of law and director of the Criminal Defense Clinic at the Delaware GOINGTOTHEGULF: On New Year’s Day, nine third-year Widener Law campus. She teaches and writes in the areas of Criminal Law, Criminal Procedure and Post students headed to New Orleans for a Students Dave Iannucci, Danielle Graham, Conviction Remedies. week of volunteering, to assist the Office and Lisa Vetro see first-hand the devastation left by Katrina.

8 WIDENER LAW CRIMINALLAW/ADVOCACY

The Spirit of Service

While most law students supervised the students. across the country enjoyed a Ritter directs the Pennsylvania well-deserved break from their Criminal Defense Clinic on studies during the holiday Widener’s Delaware Campus. season, a group of Widener Finkelstein directs the Public Law students traveled to the Interest Resource Center on Gulf Coast to assist the Public the Delaware Campus. Both helped train the students in “We are excited to preparation for their trip, in conjunction with the “Katrina- be taking Widener’s Gideon Interviewing Project.” spirit of service on The project is named after the landmark case, Gideon v. the road and putting Wainwright, in which the U.S. it to work in Supreme Court recognized that states are constitutionally Orleans Parish.” obligated to provide counsel to indigent criminal defendants. –Arlene Rivera Finkelstein, Director, Public Interest “We are excited to be taking Resource Center Widener’s spirit of public service on the road and putting it to work in Orleans Parish,” said Defender’s Office there, which Finkelstein. “Our students will is still trying to recover from get a taste of the good they the case backlog created by can do as attorneys, and while Hurricane Katrina. they are making this meaning- During the first week of ful contribution, they will get January, nine student volunteers real, practical experience for conducted in-depth interviews the future.” with jailed defendants awaiting The Widener Law students trial in Orleans Parish—one joined students from Fordham of the hardest-hit areas of and Brooklyn law schools in the storm. Students drafted visiting Orleans Parish. memos on their interviews However, Widener is the only and gave them to the Orleans Philadelphia-region law school Public Defender’s Office in an Top: Marks on boarded-up to send students to the Gulf attempt to help move inmates’ buildings around New Coast for the Katrina-Gideon cases forward. Orleans show the flood Interviewing Project during level during Katrina. Widener Law professors the winter break. Judy Ritter and Arlene Rivera Middle: Nazim Karaca helps Finkelstein accompanied and with paperwork to process Louisiana prisoners.

Bottom: Students Lisa Vetro and Dave Iannucci work on a case.

WIDENER LAW 9 CRIMINALLAW/ADVOCACY

…USA Today created quite a stir when, on May 11, 2006, it reported that the National Security Agency had obtained and was parsing the records identifying millions, if not billions, of telephone calls placed by Americans. For law students studying criminal procedure—or at least for those cramming for the exam—it becomes a mantra: government conduct only implicates the Fourth Amendment protection against unreasonable searches if it invades a “reasonable expectation of privacy.” This is not the contemporary definition of the word “search,” nor was it the definition at the time of the founding. But, via a well-intentioned concurrence by Justice Harlan in the famous 1967 case of Katz v. United States, it became the Court’s definition. This lack of fealty to the English language left some questions. For example, is determining whether someone The Technology has a “reasonable expectation of privacy” a normative inquiry (what should a person expect) or an empirical one (what does a person expect)? And why do we need to determine whether someone had a reasonable expectation of privacy when the next question is, to the consternation of law of Surveillance: students, whether the search was reasonable. Remarkably, the High Court has never answered these questions, although Justice Scalia has complained about the latter. But there are even larger problems with what the Court has done with its Will the “reasonable expectation of privacy” test, problems that became immediately apparent, but that are now becoming critical. Consider some recent events and technologies, and the problem becomes clear. Why might Patricia Dunn soon be Supreme Court’s able to empathize with Martha Stewart? Because she has been indicted for her role in the Hewlett-Packard board-leak fiasco. In a nutshell, Dunn allegedly authorized and assisted in an investigation that relied upon an “information broker” to determine which board member or members were Expectations leaking confidential information to the press. How does an “information broker” obtain that information? She lies. But it isn’t pleasant to have to tell new acquaintances at a cocktail party that one lies for a living, so instead “information brokers” Ever Resemble engage in “pretexting,” which means contacting phone companies, posing as customers, and thereby obtaining call records. HP also appears to have engaged in dumpster diving, shadowing, and other favorites in the snoop’s arsenal, but Society’s? for our purposes we want to focus on pretexting. Naming aside, pretexting must be a pretty nasty business. Not only did it cost Dunn her chairman job, but the Attorney General of California charged her in a felony indictment and By Stephen E. Henderson, Associate Professor settled civil charges against the company for $14.5 million. The FBI investigated, the SEC instigated a review (admittedly for a tangentially related Sarbanes-Oxley issue), the House Committee on Energy and Commerce held hearings, the “governator” (Schwarzenegger) signed legislation explicitly criminalizing pretexting of telecommunications records, and the United States Congress considered—and might enact— the same. Whatever it takes to constitute a “reasonable expec- tation of privacy,” it must be satisfied with respect to dialing

WIDENER LAW 11 emissive in the millimeter wave spectrum than most other What if the government wants to plant objects, such as guns, knives, and particulates. And just as a mole in your life who will remember, visible light transmits through glass, millimeter waves transmit through clothing. This allows police to carry what is record, and transmit everything you say in essence a video camera attuned to this spectrum and view to him or her? There is no constitutional what a person is carrying on his or her person from a distance. Does the Fourth Amendment restrict use of such a device? constraint. What if the government Not under the third party doctrine, because you knowingly wants to place an electronic transponder (at least now you know) convey this information to others. And there are more banal examples. Consider to on your vehicle to track your car? There whom you disclose your e-mail messages. And how about is no constitutional constraint. your physical location? If you carry a modern cellular phone, you typically convey a very accurate location to your service provider not only when you are placing or receiving a call, but anytime the phone is turned on. And what of querying the mammoth databases amalgamating different types of records. After all, USA Today created quite a stir when, on information that we tend to hear about when they suffer May 11, 2006, it reported that the National Security Agency security breaches? This is the magnum opus of the Court’s had obtained and was parsing the records identifying millions, third party doctrine—the Court has removed all constitutional if not billions, of telephone calls placed by Americans. And (legal) constraint, and technology has now removed any there is, in fact, a federal statute, the Stored Communications significant cost constraint. Act, which forbids such access absent legal process. Apparently, So what should the Court do? Obviously the third party a reasonable American both should and would expect dialing doctrine must go, but it is admittedly difficult to replace this records to be confidential. wonderfully bright-line rule with anything administrable. I But according to the Supreme Court, there is no have crafted a proposal, and interested readers can peruse it Fourth Amendment restriction on police accessing such via my page at Widener’s Web site. But in the space I have records. They can be obtained for any reason, or for no reason. here let me just say this: Last term the Supreme Court Mere curiosity will do. Why? Because to the Court, one who declared that “[t]he constant element in assessing Fourth discloses information to a third party retains no reasonable Amendment reasonableness…is the great significance given to expectation of privacy in that information (the “third party widely shared social expectations.” As the HP debacle demon- doctrine”). And we know we give those numbers to our phone strates, the Court’s jurisprudence deviates sharply from actual company—how else are its switches to connect the call? So expectations. Unless the Court changes course our Constitution how about your bank records? As far as you are concerned, will read like AT&T’s recently modified privacy policy, which there is no constitutional constraint on government access. explains that “[w]hile your account information may be What if the government wants to plant a mole in your life personal to you, these records constitute business records who will remember, record, and transmit everything you say that are owned by AT&T.” That might suffice for corporate to him or her? There is no constitutional constraint. What America, but it shouldn’t do for our Constitution. I if the government wants to place an electronic transponder on your vehicle to track your car? There is no constitutional constraint. What if the government wants to fly over your So what should the Court do? backyard to see what you do within that fence of yours? There is no constitutional constraint. And if the government wants Obviously the third party doctrine to comb through your garbage, going so far as reconstructing must go, but it is admittedly difficult shredded documents or testing a tampon for seminal fluid? There is no constitutional constraint. to replace this wonderfully bright-line These are the cases law students learn. But it gets worse. rule with anything administrable. The human body is constantly radiating energy. This in itself sounds worrisome, but unless you are at a temperature of absolute zero (so chilly, atoms stop vibrating), you are going Stephen E. Henderson is associate professor on the Delaware campus, to emit energy. We don’t see this energy because it isn’t in where he concentrates on and criminal law. He received his JD fromYale Law School, where he co-founded theYale the visible spectrum, but it turns out the body is much more Law andTechnology Society.

12 WIDENER LAW Giving Back to Widener Law norg oediverse more a encourage to wants Hayman that time, since increased has Law Widener at enrollment minority that realizes she Although explains. a she was gap,” it major thought I my and in class, students black only two were about there school, law was in I “When students. for minority scholarship a benefit gift will the case, Hayman’s dies. In donor the after funds remaining the receives institution the because well, as institution the charitable for beneficial is vehicle annuity gift charitable The property.” donate appreciated you if some savings are tax there is and principal, free, of tax return a is it because the payment, of annuity portion a be that should noted “It words, savings. her tax In the with she pleased and is retired, is she when income her supplement will payments annuity the because vehicle annuity gift charitable the likes Hayman annuity payments. receive to allowing person while the gift, the the of at time deduction tax a including benefits, tax substantial the donor affords which a gift is planned annuity gift charitable A school. law the annuity benefit gift to charitable a fund to securities appreciated donated recently Hayman and values, style her her with keeping so, in And underserved. the for work valuable do and to important her gave it the opportunities for Law, alma Widener mater, her to grateful generous and also is She law. the through change effect to meaningful able been has that she feels ’86 Hayman Selma Hayman’86 Selma a students. law future many benefit also will gift—it planned her recent of light and—in her career during clients indeed many has aided law the and life on philosophy Hayman’s to law rich.” the get into go else. didn’t someone I to them money. send of I lot a with with people deal don’t I problems. serious have helping who is do people I what of awful lot “An noted, recently fit.”She good a be to out “turned Hayman, to according law, Elder appeals. and claims Disability Security Social and issues, Medicaid and Medicare rights, home nursing involving cases handled guardianships, has Hayman law, on elder primarily Focusing help. her need desperately who clients representing to has devoted that been career a into social justice to commitment her degree and law her parlayed She relevant.” socially and interesting be could law school that saw and Union Liberties Civil of board American the the on was “I Hayman says, life, in law later attend school to research. decision in her career Of a age after the 52 at of 1983 in Law Widener entered Madison, at of Wisconsin University the biochem- from in istry PhD a and Antioch College from biology in bachelor’s degree a has who Hayman, says. she motivating factor, a also is a student as received personally she help scholarship for as school thanks law the to “give back” to desire A profession. legal the in population IEE LAW WIDENER 13 The simple problem is that the mind is not a video or digital recorder; it neither perceives all details nor retains those it did see in a pristine, unalterable state.

14 WIDENER LAW CRIMINALLAW/ADVOCACY I’ll never forget that face ... (But I might not remember it accurately.)

Perception and Memory: The simple problem is that the Mistaken eyewitness identification mind is not a video or digital recorder; it neither perceives testimony is a leading cause of all details nor retains those it did see in a pristine, unalterable state. How do we know this? In the past three decades, over most wrongful convictions. 2,000 peer-reviewed studies have shown that several factors impede accurate perception and recall:

By Professor Jules Epstein  Weapons Focus: When a firearm or knife is present, crime Mistaken identification cases are “high profile” in the media. witnesses look at the weapon, not at the perpetrator’s face.

This has resulted in significant part from DNA .  Own-Race Bias: It remains a sad but true fact that witnesses The scientific conclusiveness of DNA as proof of innocence are better at identifying persons of their own race than of has permitted a retrospective assessment of “what went wrong” other races. in those cases. And “what went wrong” in a substantial  Stress: Very high levels of stress impair the accuracy of proportion of those cases was a reliance on eyewitness eyewitness testimony. This is true even where the witness identification testimony. According to the , is a trained police officer or member of the military. as of November 2006 “over 75% of the 183 post-conviction  The Memory Drop-Off: Accurate recall of an event drops DNA exonerations in the U.S. involve mistaken eyewitness sharply after a several hour period. identification testimony, making it the leading cause of these  Confidence/Accuracy: Although many witnesses maintain that wrongful convictions.” they, personally, are “100% sure” of their identification, the But it is not just in 183 cases. For more than a century, correlation between their confidence and the accuracy of every study of wrongful convictions has shown that mistaken their identifications is low. identification is the major culprit, usually at a rate of roughly Police Evidence Gathering: An abundance of studies has two-thirds of the cases studied. And FBI statistics of DNA shown that when police conduct interviews or lineups, their examinations in sex offenses show a startlingly high rate of words or gestures can contribute to mistaken identifications. mistaken identifications: in over 10,000 cases where crime Asking “did the man have a big mustache” may implant that scene DNA was tested against suspects’ DNA, the exclusion feature onto the witness’ memory; and telling witnesses to rate [the rate at which the DNA showed the suspect could look for “the perpetrator in the lineup” can suggest that the not have contributed the evidence] was 20 percent. perpetrator is in the group being looked at, and thus cause The numbers show the prevalence of this problem, but the witness to pick someone, not necessarily the right person. not its cause. And the cause has five demonstrable compo- Juror Over-valuing of Eyewitness Testimony: Jurors believe nents—problems with perception and memory, improper eyewitnesses (usually crime victims), as they seem sincere police evidence gathering, juror over-valuing of eyewitness and have no apparent motive to lie or pick the wrong person. testimony, bad lawyering, and judicial decisions and practices In one mock jury study, 72% of the jurors found the subject that are contrary to the known science. WIDENER LAW 15 The standard for suppressing eyewitness testimony as unreliable has no regard for how memory works or how police conduct may influence witnesses . . .

guilty when there was one eyewitness. A separate set of jurors were given the same one-witness evidence and were told that the eyewitness was legally blind; the percentage of jurors voting guilty dropped only to 68%. Mistaken Identity Resources Bad Lawyering: Too many cases involve lawyers who have not studied the psychology of eyewitness evidence and who Articles: use cross-examination techniques designed to expose the Epstein, Tri-State Vagaries: The Varying Responses of Delaware, dishonest witness when what they are confronting is an New Jersey, and Pennsylvania to the Phenomenon of Mistaken honest but mistaken witness. Identifications, 12 WIDENER L. REV. 327 (2006) Judicial Decisions: The law’s development is currently running twenty to thirty years behind the clear science. The Psychology Eyewitness Expert Resources: Web site of Professor Gary Wells, standard for suppressing eyewitness testimony as unreliable http://www.psychology.iastate.edu/FACULTY/ has no regard for how memory works or how police conduct gwells/homepage.htm may influence witnesses. Jury instructions also fail to keep Web site of Dr. Solomon Fulero, www.fulero.com pace with the science, and many jurisdictions prohibit or limit Web site of Professor Stephen Penrod, the use of expert witnesses to explain why an eyewitness’ http://www.penrods.net/ claim might be unreliable. So, where and how are remedies being sought? Many Government Publications: legislatures, police departments, and state agencies have New Jersey State Attorney General Guidelines on adopted guidelines for police investigation in identification Eyewitness Identification, http://www.psychology. cases, particularly in how to interview witnesses and conduct iastate.edu/FACULTY/gwells/njguidelines.pdf lineups. New Jersey has adopted these on a statewide basis, including the requirement that lineups be conducted “blind,” i.e., National Institute of Justice, Eyewitness Evidence: by a detective who does not know which person is the suspect. A Guide for Law Enforcement, http://www.ncjrs.gov/pdf Advanced training in how to litigate a case of mistaken files1/nij/178240.pdf identification is being provided nationally, and across Organizations: Pennsylvania, for defense lawyers. In the courts, resources The Innocence Project, are being amassed to press for better jury instructions, greater http://www.innocenceproject.org/causes/mistakenid.php acceptance and use of experts, and a more science-based standard for assessing whether eyewitness testimony should Media: be admissible. FRONTLINE, “What Jennifer Saw,” Much is occurring, but much more is needed, particularly http://www.pbs.org/wgbh/pages/frontline/shows/dna/ in terms of education for judges, , and police. And until these changes are implemented, we will continue to see head- lines like those from Delaware in September 2006 when two people were wrongly identified from bank robbery surveillance photos: “Police, again, accuse the wrong man.” I

Jules Epstein is associate professor at Widener’s Delaware campus. He joined Widener from the Philadelphia criminal defense firm of Kairys, Rudovsky, Epstein & Messing, and teaches criminal law and evidence courses. He serves as faculty for a National Judicial College program training judges in capital case representation.

16 WIDENER LAW Ever wish you could do more for Widener Law?

Many of Widener University School of Law’s most faithful contributors give an annual donation each year but wish they could support the law school in a more significant way. A planned gift is the answer for many people, and it may be the answer for you.

The following options allow you to make gifts to the law school while also benefiting yourself and your heirs:

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Please discuss these and other planned giving vehicles with your financial advisor or contact the Alumni and Development Office at 302-477-2172 for further information.

Alumni and Development Office 4601 Concord Pike Wilmington, DE 19803-0474 302-477-2172 www.law.widener.edu BARNETT,LARRYD., Social Productivity, COZZILLIO,MICHAELJ., et al., Law, and the Regulation of Conflicts of Interest in SPORTS LAW:CASES AND MATERIALS the Investment Industry, 3 CARDOZO PUB. L. (Carolina Academic Press 2nd ed. 2007). POL’Y ÐICS J. 793 (2006). & Robert L. Hayman Jr., SPORTS AND When Is a Mutual Fund Director Independent? The INEQUALITY (Carolina Academic Unexplored Role of Professional Relationships Under Press 2005). Section 2(A)(19) of the Investment Company Act, 4 CULHANE,JOHNG., Lawrence-ium: DEPAUL BUS.&COM. L.J. 155 (2006). The Densest Known Substance, 11 WIDENER L. The Regulation of Mutual Fund Names and the REV. 259 (2005). Societal Role of Trust: An Exploration of Section Even More Wrongful Death: Statutes Divorced from 35(d) of the Investment Company Act, 3 DEPAUL Reality, 32 FORDHAM URB. L.J. 171 (2005). BUS.&COM. L.J. 345 (2005). Writing On, Around, and Through Lawrence v. Home as a Legal BARROS,BENJAMIN, Texas, Symposium on the Implications of Concept, 46 SANTA CLARA L. REV. 255 Lawrence and Goodridge for the Recognition (2006). of Same-Sex Marriages and the Validity At Last, Some Clarity: The Potential Long-Term of DOMA, 38 CREIGHTON L. REV. Impact of Lingle v. Chevron and the Separation of 493 (2005). Takings and Substantive Due Process, 69 ALB. L. Bad Science, Worse Policy: The Exclusion of Gay REV. 343 (2005). Males from Donor Pools, 24 ST.LOUIS U. PUB. When a Certified Mail Notice of Tax Delinquency Is L. REV. 129 (2005). Returned as Undelivered, Must Governments Take & Stacey L. Sobel, The Gay Marriage Backlash Additional Steps Before Seizing Property?, 2005- and Its Spillover Effects: Lessons From a (Slightly) 06 PREVIEW U.S. SUP.CT.CAS. 207. “Blue State,” Symposium: The Legislative BRITTON,ANNH., Bones of Contention: Backlash to Advances in Rights for Same- Custody of Family Pets, 20 J. AM.ACAD. Sex Couples, 40 TULSA L. REV. 443 (2005). MATRIMONIAL LAW. 1 (2006). DALY,ERIN, & Jeremy Sarkin,

Faculty Publications 2005-2007 CHESLER,SUSAN, The Small Group RECONCILIATION IN DIVIDED Progress Conference, 20 THE SECOND DRAFT SOCIETIES:FINDING COMMON (Bull. of the Legal Writing Inst.), August, GROUND, (Penn Press 2007). 2005, at 11. The New Liberty, 11 WIDENER L. REV. CONAWAY,ANNE., & Robert R. 221 (2005). Keatinge, KEATINGE AND CONAWAY ON DERNBACH,JOHN, WRITING ESSAY CHOICE OF BUSINESS ENTITY, (Thomson EXAMS TO SUCCEED (NOT JUST TO West 2006). SURVIVE) (2d ed. Aspen 2007). et al., Internal Disputes and Break-Ups: Colorado, et al., Stabilizing and Then Reducing U.S. Energy California, and Delaware, Limited Liability Consumption: Legal and Policy Tools for Efficiency Entities – 2005 New Developments in and Conservation, 37 ENVTL. L. REP. (Envtl. Limited Liability Companies and Limited L. Inst.) 10,003 (2007) Liability Partnerships Live via Satellite TV/Webcast on the American Law Targets, Timetables, and Effective Implementing Network, ALI-ABA Video Law Review, Mechanisms: Necessary Building Blocks for March 17, 2005 (VMF0317 ALI-ABA 81). Sustainable Development, SUSTAINABLE DEVELOPMENT LAW &POLICY Transferee and Assignee Rights; Charging Orders; (Fall 2005). Piercing and Reverse Piercing; Duty to Creditors; and Other Creditor Remedies in Uniform & Dan Tarlock, 2005, Sustainable Development Unincorporated Acts, Selecting Legal Form and and Natural Governance: The Challenges Ahead in Structure for Closely-Held Businesses and SOCIAL SCIENCES AND HUMANITIES, IN Ventures Live Via Satellite TV/Webcast on ENCYCLOPEDIA OF LIFE SUPPORT the American Law Network, ALI-ABA SYSTEMS (EOLSS), Developed Under the Video Law Review, February 10, 2005 Auspices of UNESCO, EOLSS Publishers, (VMF0210 ALI-ABA 165). Oxford, UK, http://www.eolss.net. et al., Committee on Climate Change and Sex Offender Registration and Community Editorial, Science-Belief Tension Is Natural, Sustainable Development: 2005 Annual Report, in Notification, in THE PROSECUTION AND THE NEWS J. (Wilmington, DE), Apr. 8, ENV’T ENERGY AND RESOURCES L.: THE DEFENSE OF SEX CRIMES, Chapter 43 2006, at A7. YEAR IN REVIEW 115 (2006). (Bender 1976, 2004; chap. 2005, Editorial, ….and on ‘Constitution Day’, What to chap. 2006). et al., Committee on Climate Change and Celebrate? PHIL.INQ., Sep. 16, 2005, at A21. Sustainable Development: 2004 Annual Report, in Federal Sentencing in Drug Cases, in DEFENSE OF Editorial, Judge Judges on How They Use Their ENV’T ENERGY AND RESOURCES L.: THE NARCOTICS CASES, Chapter 5B (Bender Power, THE NEWS J. (Wilmington, DE), YEAR IN REVIEW 120 (2005). 1972, 2005; chap. 1999, 2001, 2002, Nov. 18, 2005, at A14. 2004, 2005). DIMINO,MICHAELD.SR., et al, GEDID,JOHNL., Editorial, Upholding SPORTS LAW:CASES AND MATERIALS Jury Selection in Drug Offense Cases, in DEFENSE Separation of Power Was Proper, PATRIOT NEWS (Carolina Academic Press 2nd ed. 2007). OF NARCOTICS CASES, Chapter 5A (Harrisburg, PA), Sept. 15, 2006, at A11. (Bender 1972; chap. 2004; releases Counter-Majoritarian Power and Judges’ Political through 2005). GOLDBERG,MICHAELJ., Rights of Speech, 58 FLA. L. REV. 53 (2006). Union Members Within Their Unions, in True Lies: The Constitutional and Evidentiary Bases The Non-Political Branch, 10 TEX.REV. L. & EMPLOYEE AND UNION MEMBER for Admitting Prior Evidence in POL. 449 (2005-2006) (reviewing LEE GUIDE TO LABOR LAW:AMANUAL FOR Sexual Assault Prosecutions, 24 QUINNIPIAC L. EPSTEIN &JEFFREY A. SEGAL,ADVICE ATTORNEYS REPRESENTING THE LABOR REV. 609 (2006). AND :THE POLITICS OF MOVEMENT, Chapter 12 (Thomson-West JUDICIAL APPOINTMENTS (2005)). FAMILY,JILLE., Another Limit on Federal 2005 revisions). Court Jurisdiction? Immigrant Access to Class-Wide The Worst Way of Selecting Judges—Except all the Teamster Reformers: Their Union, Their Jobs, Their Injunctive Relief, 53 CLEV.ST. L. REV. 11 Others That Have Been Tried, 32 N. KY. L. REV. Movement, 72 J. TRANSP. L. LOGISTICS & (2005-06). 267 (2005). POL’Y 13 (2005). The Rush to Limit Judicial Review, EGGEN,JEANM. TOXIC IN A HAKES.RUSSELLA., et al., 2005 Uniform PERSPECTIVES ON IMMIGRATION NUTSHELL (Nutshell Series, Thomson Commercial Code Survey: Introduction, 61 BUS. (American Immigration Law Foundation, West 3rd ed. 2005). LAW. 1541 (2006). Washington, D.C.), Sept.2006, available at The Normalization of Product Preemption Doctrine, http://www.ailf.org/ipc/2006_ et al., The Uniform Commercial Code Survey: 57 ALA. L. REV. 725 (2006). september_perspective.shtml. Introduction, 60 BUS.LAW. 1635 (2005).

Daubert and Its Progeny: Expert Scientific FICHTER,ANDREW, Owning a Piece of HAMERMESH,LAWRENCEA., Evidence in Massachusetts Personal Injury Cases, J. theDoc: State Law Restraints on Lay Ownership Symposium: Litigation reform Since the PSLRA: A OF THE MASS.ACAD. OF TRIAL ATT’YS 22 ofHealthcare Enterprises, 39 J. HEALTH L. Ten-YearRetrospective: Panel Three: Sarbanes- (Fall 2005/Winter 2006). 1 (2006). Oxley Governance Issues: The Policy Foundations of Delaware , 106 COLUM. L. REV. Toxic Exposures at Ground Zero: Is There a Role for Health Care at Lake Wobegon, 1 WIDENER 1749 (2006). the System?, 1 WIDENER HEALTH L. HEALTH L. TODAY 1 (Spring 2005). TODAY 1 (Fall 2005). Ruby R. Vale and a Definition of Legal Scholarship, FRIEDMAN,STEPHENE., Improving the 31 DEL. J. CORP. L. 253 (2006). The Impact of the Class Action Fairness Act on Rolling , 56 AM. U. L. REV. 1 (2006) Plaintiffs in Mass-Tort Actions, 12 No. 3 Twenty YearsAfter Smith v. Gorkom: An Essay GARFIELD,ALANE., Protecting Children ANDREWS CLASS ACTION LITIG.REP. 17, on the Limits of Civil Liability of Corporate From Speech, 57 FLA. L. REV. 565 (2005), Apr. 21, 2005. Directors and the Role of Shareholder Inspection reprinted in FIRST AMENDMENT LAW Rights, The Smith v. Gorkom Symposium, 45 JULESEPSTEIN HANDBOOK (Rodney Smolla ed., WASHBURN L.J. 283 (2006). 2005/2006). Tri-State Vagaries: The Varying Responses of & Michael L. Wachter, The Fair Value of Delaware, New Jersey, and Pennsylvania to the Editorial, Hate the Vile Campaign Ads? Blame Cornfields in Delaware Appraisal Law, 31 J. CORP. Phenomenon of Mistaken Identifications, 12 theSupreme Court, PHIL.INQ,NOV. 2, 2006, L. 119 (2005). WIDENER L. REV. 327 (2006). at A19. Corporate Officers and The Business Judgment Expert Witnesses, in THE PROSECUTION AND Editorial, A More Perfect Union, THE NEWS J. Rule:A Reply to Professor Johnson, 60 BUS. DEFENSE OF SEX CRIMES, Chapter 30 (Wilmington, DE), Sept. 17, 2006, at A21. LAW. 865 (2005). (Bender 1976; chap. 2006). Editorial, Independence Day Honors Lofty HARRINGTONCONNER,DANA, Jury Selection in Sex Offense Cases, in THE Concept, Hard-Won Reality, THE NEWS J. Editorial, - Rachel Kipp, Law School Has PROSECUTION AND DEFENSE OF SEX (Wilmington, DE), July 4, 2006, at E3. Human Side, THE NEWS J. (Wilmington, CRIMES, Chapter 33 (Bender 1976; DE), January 14, 2007, at B2. chap. 2006).

WIDENER LAW 19 Societal Views and Survivors of Domestic Violence: KRISTL,KENNETHT., Allocating Asking the Right Questions, 13 WIDENER Responsibilities for Environmental Cleanup SCHOOL OF LAW MAGAZINE, 2006, at 10. Liabilities through Purchase Price Discounts, ENVTL. COUNS., Oct. 15, 2005, at 2, reprinted in HAYMAN,ROBERTL.JR., & Michael CORPORATE COUNSEL’S GUIDE TO J. Cozzillio, SPORTS &INEQUALITY ACQUISITIONS AND DIVESTITURES (Carolina Academic Press 2005). Chapter 20.1 (Thomson West 2005, 2006 HEMINGWAY, ANNA P., Keeping Students revisions). Interested While Teaching Citation, 20 THE A Boundary Dispute’s Effect on Siting an LNG SECOND DRAFT (Bull. of the Legal Writing Terminal, 21 NAT.RESOURCES &ENV’T. 34, Inst.), August, 2005, at 14. Summ. 2006. Learning HENDERSON,STEPHENE., Clinic Provides Environmental Defense, Legal From All Fifty States – How to Apply the Fourth Training, WIDENER U. SCH. L. MAG., Amendment and Its State Analogs to Protect Third Fall 2005, at 9. Party Information from Unreasonable Search, 55 CATH. U. L. REV. 101 (2006). LEE,G.RANDALL, Nineteenth Century Visions of a Twenty-First Century Bar: Were Nothing New Under the Sun? A Technologically Dickens’s Expectations for Lawyers Too Great?, Rational Doctrine of Fourth Amendment Search, 15 WIDENER L. J. 283 (2006). 56 MERCER L. REV. 507 (2005). Dorothy Day and Innovative Social Justice: A View HILL,LOUISEL., Services as Objects of from Inside the Box, 12 WM.&MARY J. International Trade: Bartering the Legal Profession, WOMEN & L. 187 (2005). 39 VAND. J. TRANSNAT’L L. 347 (2006). Bruce Springsteen’s Hope and the Lawyer as Poet HODAS,DAVIDR., Sustainable Advocate, 14 WIDENER L.J. 867 (2005). Development and the Marrakech Accords, in THE LAW OF ENERGY FOR SUSTAINABLE Lessons to be Learned, Lessons to Live Out: DEVELOPMENT, Chapter 4, at 56 (Adrian Catholicism at the Crossroads of Judaism and J. Bradbrook et al. eds. 2005). American Legalism, 49 ST.LOUIS U. L.J 367 (2005). Faculty Publications 2005-2007 State Law Responses to Global Warming: Is It Constitutional to Think Globally and Act Locally?, Introduction, The Lawyer as Poet Advocate: Symposium on Environmental Law and Bruce Springsteen and the American Lawyer, 14 The Constitution, 21 PACE ENVTL. L. REV. WIDENER L.J. 719 (2005). 53 (2003), reprinted in Daniel A. Farber A Law Professor on Being Fashioned, 14 and Jim Chen, DISASTERS AND THE LAW: WIDENER L.J. 469 (2005). KATRINA AND BEYOND 312 (Aspen 2006). The Continuing Moral Fashioning of a Law The Challenge of High Priced Oil, 20 NAT. Professor, ORANGE COUNTY LAW., June RESOURCES &ENV’T 59, Fall 2005. 2005, at 18. Executive Privilege and Energy Policy, 19 NAT. LIPKIN,ROBERTJUSTIN, Which RESOURCES &ENV’T 3 (2005). Constitution: Who Decides? The Problem of Judicial Vantage Point & Issue Editor, Supremacy and the Interbranch Solution, 28 Transboundary Conflicts Issue, 21 NAT. CARDOZO L. REV. 1055 (2006). RESOURCES &ENV’T, Summ. 2006. The Harm of Same-Sex Marriage: Real or KEARNEY,MARYKATE, Recognizing That Imagined? 11 WIDENER L. REV. 277 (2005). They Watch, 14 WIDENER L.J. 437 (2005). Book Review, 15 L. & POL.BK.REV. 539 KELLEY,J.PATRICK, The Seduction of the (2005) (reviewing FRANK I. MICHELMAN, Appellate Body: Shrimp/Sea Turtle I and II and the BRENNAN AND DEMOCRACY (2005)), at Proper Role of States in WTO Governance, 38 http://www.bsos.umd.edu/gvpt/lpbr/ CORNELL INT’L L.J. 459 (2005). subpages/reviews/michelman605.htm

KOTLER,MARTIN,A., PRODUCTS Book Review, 16 L. & POL.BK.REV. 133 LIABILITY AND BASIC TORT LAW (2006) (reviewing ARGUING MARBURY V. (Carolina Academic Press 2005). MADISON (Mark Tushnet, ed.) (2005)).

20 WIDENER LAW Going Courting: How Same-Sex Marriage MEADOWS,ROBYNL., et al., Sales RAY,LAURAK., Laughter at the Court: The Opponents Came to Love the Courts (Sept. 9, (Uniform Commercial Code Annual Supreme Court as a Source of Humor, 79 S. CAL. 2005), at http://www.slate.com/id/2126005/ Survey), 61 BUS.LAW. 1545 (2006). L. REV. 1397 (2006).

MANN,ROBERTAF., & Mona L. et al., Sales (Uniform Commercial Code America Meets the Justices: Explaining the Supreme Hymel, Getting Into the Act: Enticing the Annual Survey), 60 BUS.LAW. 1639 (2005). Court to the General Reader, 72 TENN. L. REV. Consumer to Become “Green” Through Tax 573 (2005). Unconscionability as a Contract Policing Device for Incentives, 26 ENVTL. L. REP. (Envtl. L. Inst.) the Elder Client: How Useful Is It? 38 AKRON L. Holder v. Hall, in THE OXFORD COMPANION 10419 (2006). REV. 741 (2005). TO THE SUPREME COURT OF THE UNITED On The Road Again: How Tax Policy Drives STATES 466 (Kermit L. Hall et al., eds., et al., 2005 Uniform Commercial Code Survey: Transportation Choice, 24 VA.TAX REV. 2nd ed. 2005). Introduction, 61 BUS.LAW. 1541 (2006). 587 (2005). & Hon. Eunice L. et al., The Uniform Commercial Code Survey: REED,THOMASJ., Top Ten Strategies for Encouraging Tax Compliance, Ross, WILL CONTESTS (West Group 2d ed. Introduction, 60 BUS.LAW. 1635 (2005). 111 TAX NOTES 919 (2006). 1999, & Cum. Supp. 2006). Relinquish & Jasper L. Cummings, Jr., Point & MIRKAY,NICHOLASA., Admitting the Accused’s Criminal History: The Control! Why the IRS Should Change Its Stance on Counterpoint: The No-Net-Value Proposed Trouble With Rule 404(b), 78 TEMP. L. REV. Exempt Organizations in Ancillary Joint Ventures, Regulations: Invalid Exercise of Authority or Well- 201 (2005). 6NEV. L.J. 21 (2005). Reasoned Interpretation, 25 NEWSQUARTERLY (ABA Tax Sec.) 14 (Fall 2005). Has ROBINETTE,CHRISTOPHERJ., MORINGIELLO,JULIETM., Torts Rationales, Pluralism, and Isaiah Berlin, 14 Congress Slimmed Down The Hogs?: A Look at the et al., The American Jobs Creation Act’s Impact on GEORGE MASON L. REV. 329 (2007) BAPCA Approach to Pre-Bankruptcy Planning, Individual Investors: A Monster of Complexity? 22 15 WIDENER L.J. 615 (2006). Can There be a Unified Theory of Torts? A Pluralist J. TAX’N OF INVEST. 187 (2005). Suggestion from History and Doctrine, 43 & William L. Reynolds, Internet Contracting MAY,JAMESR., & Robert L. BRANDEIS L.J. 369 (2005). Cases 2004-2005, 61 BUS.LAW. 433 (2005). Glicksman, Justice Rehnquist and the Dismantling SOSNOV,LEONARDN., & David of Environmental Law, 36 ENVTL. L. REP. Signals, Assent and Internet Contracting, 57 Rudovsky, PENNSYLVANIA CRIMINAL (Envtl. L. Inst.) 10585 (2006). RUTGERS L. REV. 1307 (2005). PROCEDURE:LAW,COMMENTARY AND The North American Symposium on the Judiciary Cyberspace Law Survey: Introduction, 61 BUS. FORMS (West’s Pennsylvania Practice and Environmental Law: Constituting Fundamental LAW. 431 (2005). Series, West Group 2d ed. 2001 (pocket Environmental Rights Worldwide, 23 PACE parts through 2006)). MOULTON,H.GEOFFREYJR., ENVTL. L. REV. 113 (2005/2006). Consistency, Proportionality, and Substantive STRAUSS,ANDREWL., ET AL., Trends in Constitutional Environmental Law, Judicial Review in Capital Sentencing, 80 IND. INTERNATIONAL LAW AND WORLD 37 No. 4 ABATRENDS 8 (March/ L.J. 98 (2005). ORDER:APROBLEM-ORIENTED April 2006). COURSEBOOK (Thomson West 4th When Harry NICHOLS,NATHANIELC., ed. 2006). The Aftermath of TMDL Litigation: Consent Met Sally: Client Counseling Under BAPCPA, 15 Decrees and Settlement Agreements, in CLEAN WIDENER L.J. 641 (2006). ET AL., SUPPLEMENT OF BASIC WATER ACT:LAW AND REGULATION DOCUMENTS TO INTERNATIONAL LAW Modeling Professionalism: The Process From a 157 (ALI-ABA Course of Study, Oct. AND WORLD ORDER (Thomson West Clinical Perspective, 14 WIDENER L.J. 26-28, 2005). 4th ed. 2006). 441 (2005). Where Constitutional Law and Environmental Law Is International Law a Threat to Democracy: NIVALA,JOHNF., The Landscape Art of Intersect, WIDENER U. SCH. L. MAG., Fall Framing the Question, 12 ILSA J. INT’L & Daniel Urban Kiley, 29 WM.&MARY ENVTL. 2005, at 12. COMP. L. 555 (2006). L. & POL’Y REV. 267 (2005). Now More Than Ever: Trends in Environmental TAKING DEMOCRACY GLOBAL:ASSESSING OLIVER,WESLEY, The Rise and Fall Citizen Suits at 30, Environmental Citizen THE BENEFITS AND CHALLENGES OF A ofMaterial Witness Detention in Nineteenth Suits at : A Celebration GLOBAL PARLIAMENTARY ASSEMBLY Century New York, 1 N.Y.U. J. L. & & Summit Symposium, Part I, 10 (One World Trust 2005). LIBERTY 726 (2005). WIDENER L. REV. 1 (2003), reprinted in WILLIAMS,SERENAM., Exploring the ENVIRONMENTAL LAW 385 (ALI-ABA Toward a Better Categorical Balance of the Costs and Complexities of Environmental Justice, WIDENER Course of Study, Feb. 16-18, 2005). Benefits of the Exclusionary Rule, 9 BUFF.CRIM. U. SCH. L. MAG., Fall 2005, at 8. L. REV. 201 (2005). The Availability of State Environmental Citizen Suits, 18 NAT.RESOURCES &ENV’T 53 RAEKER-JORDAN,SUSANM., Parsing (2004), reprinted in ENVIRONMENTAL Personal Predilections: A Fresh Look at the Supreme LAW 439 (ALI-ABA Course of Study, Court’s Cruel and Unusual Death Penalty Feb. 16-18, 2005). Jurisprudence, 58 ME. L. REV. 99 (2006). WIDENER LAW 21 JOHN PROFESSORANNE.CONAWAY made PROFESSORJOHNDERNBACH has DERNBACH a presentation in Vail, CO, in August 2006 been reappointed Chair of the ABA at the Annual Colorado Business Law Committee on Sustainable Development, Institute. The presentation was entitled, Ecosystems and Climate Change for “Overtaxing the Concept of ’Good Faith’: 2006-2007. The Distinction in Contractual Good John, with seven Widener students Faith and Good Faith in the Law of (Robert Altenburg, Thomas Corcoran, Fiduciaries and .” Norman Marden, Allison Rafferty, Ann was the organizer and a panelist on Christopher Reibsome, Edward Ruud, and MICHAEL the October 4 roundtable at Widener David Sunday) in his Seminar on Energy DIMINIO Faculty News Law School on “Statutory and Case Efficiency, published “Stabilizing and Law Developments in Good Faith.” On Then Reducing U.S. Energy Consumption: October 5, Ann organized the Third Legal and Policy Tools for Efficiency and Annual Symposium on the Law of Conservation,” 37 ENVTL. L. REP. Delaware Business Entities, entitled (Envtl. L. Inst.) 10,003 (2007). “Good Faith After Disney: The Role of John was a panelist for “Federal and Good Faith in Organizational Relations in State Environmental Issues” at the Delaware Business Entities,” sponsored by JILLFAMILY Environmental Law Forum at the the Delaware State Bar Association. She Pennsylvania Bar Institute in Harrisburg introduced the program by presenting on April 5, 2006. “Context of Good Faith in Delaware Corporate Law.” During the afternoon On April 6, John made a presentation session, Ann presented “Overtaxing Good on “Sustainability, Climate Change, Faith: The Distinction Among Contractual and Energy Efficiency” at the “Climate Good Faith and Good Faith in the Law of Change Challenges: Legal Responses to Fiduciaries and Trust Law.” Environmental Disasters” symposium at the New England School of Law in Boston. LOREN PROFESSORJOHNG.CULHANE has PRESCOTTJR. been the Acting Director of the Health On April 18, John made a presentation Law Institute since January 2006. In addi- on “Taking Energy Efficiency Seriously” tion to the responsibilities that position at the “Catastrophic Climate Change: entails, he continues to work on the Public The Science, the Costs, and the Race Information Project, expected for Remedies” symposium at the Albany to be completed Spring 2007. School of Law in New York. On May 5, 2006, Professor Culhane In May he was a presenter on “Effective made two appearances in connection with Approaches for Motivating People and CHRISTOPHER Philadelphia’s Equality Forum: The Global Institutions to Adopt More Sustainable ROBINETTE GLBT Event. That morning, he was a Practices and Technologies” at the featured guest on Radio Times (WHYY-FM, Roundtable on Science and Technology Philadelphia); the topic was “Family for Sustainability at the National Academy Matters: Gays and the Law” (available at of Sciences in Washington, D.C. www.whyy.org/91FM/radiotimes.html). In In August he provided testimony before the afternoon, he participated in a panel the House Democratic Policy Committee entitled “Family Matters.” in Harrisburg on H.B. 2744, which would On April 24, 2006, John participated on authorize grants for local climate change the ethics panel for “Custody Reform on action plans. the Horizon,” a CLE sponsored by the In September John was a moderator at the Pennsylvania Bar Institute. Charlestown Citizens Forum on “Energy In January, 2007, Professor Culhane spoke 101: How Energy Policy Hits Home” in at a conference on same-sex marriages and Berwyn, Pennsylvania. civil unions held at Tulane Law School. The results of the conference are to be published in LAW AND SEXUALITY:AREVIEW OF LESBIAN,GAY,BISEXUAL AND TRANSGENDER LEGAL ISSUES, published at Tulane. On October 5, John made a presentation of four faculty for a four day course on PROFESSORALANE.GARFIELD, as on “Energy Policy and Climate Change” to “advanced evidence” for judges from the outgoing Chair of the AALS Section the Opening Session on Energy Policy Act around the nation, sponsored by the on Mass Communication Law, moderated of 2005, at the 14th Section Fall Meeting National Judicial College at the end of “Secrecy in the Name of Security” and “A of the ABA Section of Environment, May in Philadelphia. Conversation with Daniel Ellsberg” at Energy and Resources in San Diego. the AALS Annual Conference in Professor Epstein has been named one of January 2007. In November and December, John pre- three Pennsylvania representatives to a sented: “Sustainable Development and national network for the reform of eye- Alan organized “The First State Celebrates State and Local Governance,” at the witness identification law, sponsored by the Constitution Day” program, a Web site Florida Coastal School of Law, Innocence Project and other organizations. collection of essays on the Constitution Environmental Summit, Jacksonville, He remains an active member of the written by Delaware government and Florida, Nov. 3, 2006; “Sustainable committee that drafts jury instructions community leaders. Development, Climate Change, and State (criminal) for the Pennsylvania courts. On January 19, 2007, Alan presented Action, Responses to Global Warming: made a “Evaluating Copyrights Impact on Speech” The Law, Economics, and Science of PROFESSORJILLE.FAMILY presentation on May 5 in Las Vegas at the at a symposium at the Brennan Center for Climate Change,” at the University of Immigration Law Teachers’ Workshop on Justice, sponsored by Hofstra University Pennsylvania Law Review 2006-2007 the subject of “The Role of Injunctive and School of Law and New York University Symposium, Philadelphia, Nov. 16, 2006; Declaratory Relief in Immigration Cases.” School of Law. and “Facing Climate Change in a Sea of Legal Uncertainty,” at the Sixth Annual On October 14, Jill spoke on the subject On February 7, 2007, Alan spoke on Great Lakes Water Conference: Climate of “Stripping Judicial Review: Congress in “Preemption, Local Municipalities and Change, the Courts, and a Common Action” at the Temple Political and Civil Federal Immigration Law: A Struggle Water Policy, sponsored by the University Rights Law Review Symposium at Temple for Balance” at Widener. of Toledo College of Law, Toledo, Ohio, University Beasley School of Law in Alan made presentations to the Council Dec. 1, 2006. Philadelphia. on American-Islamic Relations on PROFESSORMICHAELDIMINO PROFESSORARLENERIVERA February 11th, entitled, “Civil Liberties presented “The Community Caretaking FINKELSTEIN, working with Professor During Wartime”; and on “Separation Doctrine and Fourth Amendment Judith Ritter, helped organize and lead a of Church and State” at Easttown Library Reasonableness” to the Federalist Society group of Widener Law students in their on February 20. Faculty Conference. travel to New Orleans in January 2007 Alan was the organizer and moderator for to provide assistance to inmates that was a “A Conversation with Delaware Valley PROFESSORJULESEPSTEIN had been unavailable as a result of the CLE planner and presenter at the 2006 Muslim Leaders” at Widener University Katrina disaster. Pennsylvania Bar Institute, Criminal Law School of Law on March 18, 2007. Symposium, “Capital Case” training; the Arlene was also a panelist for “Cross-Ex: was the Pennsylvania Association of Criminal The Crossroads of your Case!” at the ABA PROFESSORJOHNL.GEDID keynote speaker at the annual meeting of Defense Lawyers (PACDL), “Mistaken National Conference for the Minority the National Association of Administrative Identification” training (Fall 2006); Bucks Lawyer on Thursday, June 22, 2006, in Law Judges held in Des Moines, Iowa, in County Bar Association Bench Bar CLE, Philadelphia. Panelists included attorneys early July. He spoke on the revision of the “Hollywood and Cross-Examination” (Fall, and a judge who commented on the Model State Administrative Procedure 2006); and Philadelphia Bar Association effectiveness of cross-examination Act, of which John is the reporter for the Bench Bar CLE, “And Justice for All - strategies demonstrated in contemporary National Conference of Commissioners Cross-Examination in the Movies.” television shows. on Uniform State Laws. Jules helped plan, and was a presenter on, In June and July of 2006, Arlene taught John served as an organizer of the 9th death penalty issues at the February 9 day- two writing seminars entitled “Real Annual Administrative Law Symposium long capital case training sponsored by the Writing for Real Lawyers” at the held by the Pennsylvania Bar Institute Pennsylvania Association of Criminal Philadelphia Law Department. The semi- on August 23. He also conducted a CLE Defense Lawyers. nars were designed to improve the writing session on developments in administrative skills of new attorneys and summer interns, Jules is one of four faculty for a National law at the symposium. and to help them shift gears from writing Judicial College capital case training for in the academic setting to writing in Pennsylvania judges, to be held in late the high-pressure, high-volume City March in Harrisburg. He will also be one Solicitor’s Office.

WIDENER LAW 23 In July John served as Reporter and pre- approval of the proposed acquisition of sented a draft Model State Administrative Royal Indemnity Company and other Procedure Act to the National Conference Delaware affiliates. The acquisition is of Commissioners on Uniform State Laws challenged by General Motors, at the annual meeting of the National DaimlerChrysler, the owners of the World Conference in North Carolina. Trade Center, and many other significant policyholders. The hearing on the applica- John was appointed by PBA vice chair tion was held on January 19, 2007. of the PBA statutory law committee, and chair-elect for the following year. Larry spoke in Washington, DC, on December 1, on a panel at the fall meeting Faculty News PROFESSORMICHAELGOLDBERG of the ABA Section of Business Law’s won a significant victory in August in Committee on Federal Securities the 3d Circuit in a union democracy case Litigation, on the subject of institutional brought on behalf of four reformers in the investor activism. Co-panelists included International Longshoremen’s Association. the Executive Director of the Council of The case strengthened the statutory free Federal Securities Litigation, the Executive speech and due process rights union Director of the Council of Institutional members have within their unions, and Investors, the head of corporate governance also enforced a statutory requirement that affairs for TIAA-CREF, and the Chief unions inform their members about the Justice of the Delaware Supreme Court. “union members bill of rights” contained in the Labor-Management Reporting & The Securities and Exchange Commission Disclosure Act. The case, now on remand approved for public notice and comment to determine remedies, is reported at Larry’s proposed plan of distribution in 457 F.3d 331. the Columbia Funds mutual fund market timing settlement. The plan is available at PROFESSORLAWRENCEA. http://www.sec.gov/litigation/admin/2006/ presented a paper, “The HAMERMESH 34-54175-pdp.pdf. Policy Foundations of Delaware Corporate Law,” to the 12th Annual Institute for Law Larry was a panelist on the October 4 and Economic Policy (Nassau, symposium roundtable at Widener Law School on on federal and state regulation of corporate “Statutory and Case Law Developments governance) on May 5, 2006; the paper in Good Faith.” On October 5, he was was accepted for the symposium issue of moderator of a panel on “Good Faith the COLUMBIA LAW REVIEW. On May 10, in Delaware Corporate Law,” as part of he made a presentation in Chicago to the Delaware State Bar Association’s program ABA Section of Business Law’s Committee on good faith in business entity law. on State and Local Business Bar Leaders, On October 13, Professor Hamermesh on majority voting issues and their treat- presented the paper previously described, ment in pending amendments to the “The Policy Foundations of Delaware Model Business Corporation Act. Corporate Law,” as part of a panel on Larry presented his working paper (co- evolving rules of corporate governance, authored with Prof. Michael Wachter at during a day-long symposium at the Penn), “The Short and Puzzling History University of Maryland Law School on of the Implicit Minority Discount in the interplay of state and federal law in Delaware Appraisal Law,” to the advanced corporate governance. business law seminar at Fordham Law School on January 16, 2007. On December PROFESSORDANAHARRINGTON presented a work in progress 8, he presented this paper at a roundtable CONNER on “Child Visitation Determinations for at the Institute for Law and Economics at Incarcerated Perpetrators of Extreme the University of Pennsylvania. Acts of Violence Against Women” at the In December Larry was appointed by Update for Feminist Law Professors at the Delaware Insurance Commissioner as Temple Law School on February 3, 2007. the hearing officer on the application for PROFESSORSTEPHENHENDERSON PROFESSORROBERTJUSTIN PROFESSORNICHOLASMIRKAY has been named Reporter for a new set LIPKIN accepted an invitation to be a presented “Tax Exempt Challenges” at of ABA Criminal Justice Standards guest blogger at Ratio Juris: Empirical the Lorman Seminar on “Tax Exempt regarding government access to third-party and Mathematical Analysis of Legal Organizations in Delaware” in Newark, information. Decisionmaking: A Member of the Delaware on May 31, 2006. Jurisdynamics Network. Bobby has Stephen made the following presentations: subsequently established his own blog Nick presented “2006 Developments “Criminal Defense in the Age of Terrorism,” entitled Essentially Contested America. in Federal Income Taxation” at the to the Criminal Justice Section of the annual Delaware Tax Institute on Pennsylvania Bar in Philadelphia on Bobby was interviewed by the SUNDAY November 14, 2006. September 26; “Personal Technology & NEWS JOURNAL on August 20, 2006, on Professor Nicholas Mirkay was elected Free Speech: The Truth About FaceBook, “Middletown Grants, Loans: Unethical or Vice Chair of the Food Bank of Delaware MySpace, and File Sharing,” at Widener Just Generous?”; by WILM RADIO August Board of Directors in May 2006. Professor University on September 21; “Where 18, 2006, on “District Court Decision to Mirkay was also elected Secretary of the Science, Technology and the Law Overturn the Administration’s Warrantless Delaware HIV Consortium Board of Intersect,” at a Planning Engagement Wiretaps”; by the DELAWARE STATE NEWS Trustees in May 2006. Workshop for the Florida Judiciary’s Long- on May 30, 2006, on “DSU Meeting Questioned; Board Session Behind Range Strategic Plan, Orlando, FL on May PROFESSORJULIETMORINGIELLO 18; and “New Technologies and Their Doors Called Violation”; and by the was named Co-Chair of the International Impact on the Fourth Amendment,” at WILMINGTON NEWS JOURNAL on Coordinating Committee of the ABA the Pennsylvania Association of Criminal May 12, 2006, on “Bush Faces Outrage Business Law Section. Defense Lawyers (PACDL) Search & on Phone Records”. Juliet was appointed to the Editorial Board Seizure Seminar, in King of Prussia, PA, PROFESSORJAMESR.MAY was of “Business Law Today,” the magazine of on February 3. also appointed to the Council of the the ABA Business Law Section. chaired ABA Section on Environment, Energy and PROFESSORDAVIDHODAS Juliet made a presentation on September the Planning Committee and moderated Resources, to its Education Service Group, 12 at the Pennsylvania Bar Institute’s the overall conference and final session and as Vice Chair of its Strategic Response Eleventh Annual Bankruptcy Institute of the 34th American Bar Association Committee, and served as Chair of its entitled “Ethics for the Consumer National Spring Conference on the Committee on Constitutional Law. Practitioner.” Environment, “Ecosystems, Infrastructure Jim spent his sabbatical as Visiting Scholar and the Environment: Reconciling Law, at the Environmental Law Institute in As Chair of the Uniform Commercial Policy and Nature,” held at the University Washington, D.C. During his sabbatical, Code Committee of the Pennsylvania Bar of Maryland Law School, June 9, 2006. Jim spoke at conferences sponsored by the Association Business Law Section, she and her committee prepared the “Report David presented a paper, “Ecosystems and American Law Institute (citizen enforce- on the Uniform Commercial Code Energy,” at The Law and Policy of Ecosystem ment), the American Bar Association Modernization Act of 2007” which recom- Services: A Symposium, Florida State (water quality policy and the environmen- mends the enactment of Revised Articles 1 University College of Law, April 7 - 8, tal effects of Hurricane Katrina and other and 7 of the UCC in Pennsylvania. The 2006 (to be published Spring 2007). national disasters), and Oregon Law School (constitutional law). He also Report was approved by the Business Law David was the Issue Editor, Transboundary spoke about Justice Rehnquist’s legacy at Section Council on January 10, 2007 and Conflicts Issue, 21 NATURAL RESOURCES & three law schools and the Environmental will be considered by the PBA House of ENVIRONMENT (Summ. 2006). Law Institute. Delegates at its next meeting. PROFESSORPATRICKKELLY present- Jim also traveled to South Africa, where PROFESSORWESLEYOLIVER made ed a paper, “Democratic Constitutionalism he lectured about the intersection of a presentation in September at NYU Law and the Reception of International Law Constitutional and Environmental Law. School on material witness detention in into Domestic Legal Orders,” at the the nineteenth century. School of Law’s Annual PROFESSORDORETTAMCGINNIS Wes made a presentation entitled Delaware Valley International Day sympo- has been selected to serve on the Upper Magistrates’ Examinations, Police Interrogations sium on October 21, 2006. Level Writing Committee of the Legal Writing Institute. Among other things, and Miranda-Like Warnings in Nineteenth Century the Committee will compile nationwide New York at Harvard Law School as part of information regarding law school upper the Harvard Legal History Colloquium, level writing curricula and develop Web on October 16. site content for interested faculty.

WIDENER LAW 25 In October, Wes made a presentation on PROFESSORANDREWSTRAUSS gave the origins of Miranda-like warnings at the Henry Usborne Memorial Lecture on the University of Colorado School of March 8, 2006, to members of the British Law symposium entitled “Cautions and Parliament in the Houses of Parliament Confessions: Miranda vs. Arizona After in London. The title of his speech was, 40 Years,” commemorating the fortieth “Taking Democracy Global.” Then, on anniversary of the Miranda decision. March 10, Andy presented “Are Present The symposium included keynote speaker Global Institutions Still Relevant?”in Yale Kamisar and presentations by Albert Athens, Greece, at the New School of Alschuler, Margareth Etienne, Mark Athens Conference entitled “Beyond the

Faculty News Godsey, Judge Morris Hoffman, Richard Leo, Millennium Declaration: Embracing John Parry, Jacqueline Ross, Bruce Smith, Democracy and Good Governance.” George Thomas III, and Melissa Waters. On March 31, Andy presented “Pursuing Wes’ presentation will be forthcoming as International Trade Remedies for the an article in the TULANE LAW REVIEW. Problem of Global Warming” on a panel Wes has recently appeared twice (and will at the Annual Meeting of the American likely appear at least a third time) on the Society of International Law. CBS affiliate offering commentary on the On April 6-8 Andy chaired the Widener local Kevin Eckenrode murder trial. University School of Law Symposium, PROFESSORROBERTPOWER made “Envisioning a More Democratic Global a presentation in May at the Middle System.” District of Pennsylvania’s Bankruptcy On December 5, 2006, Andy lectured Law Conference on the subject of at Yale Law School on “Toward a More “Constitutional Issues in the 2005 Democratic Global System.” Bankruptcy Act.” Bob also made a presentation on the PROFESSORCATHERINEWASSON was elected to serve a second four-year “Pinochet Case” and the increasing global- term on the editorial board of the ization of criminal law at the Law and JOURNAL OF THE LEGAL WRITING Society Association Conference in July. INSTITUTE. She was also appointed chair PROFESSORCHRISTOPHER of the newly-created Teaching Resources ROBINETTE is currently working with Committee of the Legal Writing Institute Jeffrey O’Connell as co-author on a book and has been invited to serve on the on tort reform to be published by Carolina Membership Task Force for the Academic Press. Association of Legal Writing Directors.

PROFESSORJUDITHRITTER, working with Professor Arlene Rivera Finkelstein, helped organize and lead a group of Widener Law students in their travel to New Orleans in January 2007 to provide assistance to inmates that had been unavailable as a result of the Katrina disaster. Law School Launches Online Constitution Day Project

state to ratify the Constitution. at the law school Web site, It was intended to bring where readers from all walks of everyone a deeper meaning life can peruse the statements, of this national observance, comment on them, or submit by drawing out the thoughts their own thoughts about what of Delaware’s political, legal, we should celebrate on and civic leaders. Constitution Day. Legal Briefs Garfield asked Delaware leaders “The Constitution is not perfect,” to reflect upon the meaning of Garfield says, “and neither are the Constitution and to explain Supreme Court decisions inter- www.law.widener.edu/constitution/2006 their roles in ensuring our preting it. But it has come to democracy’s ongoing vitality. symbolize our societal commit- Widener University School of He amassed a collection of ment to respecting the dignity Law—the only law school in pieces from an array of people and humanity of every individual.” America’s “First State” of including the Delaware governor, Garfield said he hopes the Delaware—launched a new both U.S. senators and project will kick-start a process online project this fall in obser- Delaware’s lone representative that continues to make vance of Constitution Day.The in the U.S. House, state legisla- Constitution Day a meaningful result was a resource for all tive leaders, state and federal event as Americans grow Americans looking to better judges, local clergy, and legal accustomed to the observance. understand what the nation and business leaders. celebrates every Sept. 17. Garfield began the project “As Delaware’s only law school, Widener Law is poised to be a The project, the brainchild with an eye for enlightening central figure in future obser- of Professor Alan E. Garfield, the public about what it is we vances, and I look forward to the H. AlbertYoung Fellow in should celebrate on Constitution enhancing the celebration we Constitutional Law, capitalized Day.The result was an essay have started this year,” he says. on Delaware’s role as the first package beautifully displayed Honoring King

The faculty, students and staff Lyon, the niece of the late U.S. Arlene Rivera Finkelstein, on both campuses of Widener Supreme Court Justice Hugo Andrew L. Strauss, Robert J. University School of Law took Black, recalled the days of the Lipkin, Robert L. Hayman Jr., time in January to honor the Montgomery bus boycott, in and Drewry Nash Fennell, memory of Dr. Martin Luther which she talked of King’s executive director of the King Jr. commitment to peaceful demon- ACLU-Delaware. strations. “He said if there’s In Harrisburg, about 100 people King, Berry said, was going to any kind of violence, the cause gathered on Jan. 25 in the be a preacher and could have is lost and we are doomed.” administration building to hear had a long, potentially lucrative Ann Lyon retired educator Ann Lyon speak In Delaware, about 100 people career in the church. about history and her family’s gatheredThursday, Jan. 18 in “He wasn’t born a leader. It connections to the civil rights the Ruby R. Vale Moot wasn’t on his belly button movement. Lyon, 79, grew up Courtroom for a panel discus- when he was born. He became the daughter of privileged, sion of civil rights issues and a leader. So can you,” she told white Southern parents who a keynote address by Dr. Mary the students. stood out for their support of Frances Berry, the Geraldine R. equal treatment for African Segal Professor of American After the talk, Berry signed Americans. Her parents, along SocialThought and Professor copies of her book, My Face is with activist E.D. Nixon, helped of History at the University of Black IsTrue: Callie House and bail Rosa Parks—a family friend Pennsylvania. Other panelists the Struggle for Ex-Slave who helped Lyon’s mother with included Widener Law faculty Reparations. her sewing—out of jail and con- members Serena M. Williams, vinced her to become a test case. WIDENER LAW 27 Legal Briefs ruet tWdnrLaw Widener at Hears Arguments Court Supreme Delaware unn o Congress. in for then running professor, a as prosecutor, a then as first applied set I skill litigator. that a be the to develop skills to learn you where Society, the Honor on Advocacy served Trial I that lucky was “I Murphy. my says and campaign,” career my launching deal in great a me helped provided Widener that atmosphere the family and Law Widener at received I attention individual “The is. that family, Widener family. His his credits ’99 Murphy Patrick District, Congressional Eighth Pennsylvania’s in Fitzpatrick Mike incumbent victory over hard-won his win him helped who asked When Smith Sandy By court the that 2002 since first time the was It Courtroom. Vale Moot R. Ruby packed banc a en before sat court The 14. on March cases two in oral hear arguments to Law of School University Widener to came Court Supreme Delaware The iee a ae Seat a Takes Law Widener ru foraun who alumni our of especially proud are we and valuable access, and rare giving this for us Court the to are “We grateful said. Ammons L. Linda Dean Law Law,” Business & Corporate Delaware of Institute our with affiliated everyone for were meaningful day the especially of cases the and students our for experience education legal the enriches presence Their campus. to back Court Supreme Delaware welcome the to thrilled were “We feed. video live a with equipped classroom overflow an watched from some that large so crowd was the and hear arguments to oral school law the visited 02t opeSaddam topple to in 2002 Iraq invaded coalition American- led the when Point at West teaching was He Military Academy. States United the law at constitutional of a professor then attorney, prosecuting first a became he Law, Widener from graduating Army After the Reserve. in captain is a and 1993 currently in Army the joined Murphy be Congress, to to veteran elected War Iraq first The Lingenfelter. Marcus Relations Community and Government for President Vice former from advice also He received ’07. Riley Ryan student undergraduate did as opera- tives, field as campaign joined his ’99, Foley Melissa and ’99 Gamble Keith classmates, says. Two he Virginia,” West as far away as from classmates fellow my advice—and with strategic helpful very were trustee— both a Hoskins, David and Harris President approached “I progressed. Fitzpatrick unseat to campaign Murphy’s as helped also connections Widener utcsbc gi etyear. next again back the justices welcome to successful hopes so she was day the said Ammons hearings. the after lunch for and administrators staff court their court, the of members hosted School Law The ’82. and Brady F. ’88, Kevin Matterer B. Mary Denham ’02, A. David alumni, Law Widener three included second case the in counsel Court. Delaware Superior the from which came Clarendon, v. Chancery; AT&T of and Court the in origi- nated which Billett, v. cases: Trenwick two heard court The students.” our for example an are They capacity. professional their in attended ees’00. Peters Mary alumna, Law Widener another through job that got Murphy way.” public that to service exposure good a got I [D-Westmoreland]. Tangretti Tom Representative State for services constituent I in that worked lucky was “I con- nection. Widener another to in part thanks process, the legislative how about something know- ing Washington to head he will before, office elective never held has Murphy though Even campaign. congressional his turn, launched in conclusion, That back home. and there was both direction needed of change a that conclude to lives him their there—led lost who unit in his men 19 the the with duty 86th—including of tour his on found Murphy conditions The Division. Airborne 86th his the with unit, serve to called found himself soon he and Hussein, ad h fiedcddthat decided office The said. Camp answer, the have provided may Office Copyright the U.S. by decision October an age, music an digital in increasingly revenue preserve to look- ing industry recording a For 17. Nov. on R. Courtroom Moot Ruby Vale the in gathered the crowd told Esq., Camp, W. speaker Terence chart, tone ring a Top-40 carrying begun has and Billboard tone, ring downloaded a have subscribers wireless of U.S. percent 21 online, down- loaded now are songs full- length than tones ring More tones. ring personalized in explosion worldwide have the that accompanied issues legal new ing includ- law, entertainment and sports in developments latest the about learning Delaware campus Law Widener day the a on spent people 75 About Symposium Association Second Law Hosts Entertainment and Sports year, a for Widener at studies their have beginning will students track typical Institute, the Law said Health the of direc- tor acting Culhane, G. John health. public in science of law/master health in jurisprudence of or master degrees health public in science of doctor/master juris either toward working can begin students fall, This LegalMarch. in agreement exciting the finalized schools The degrees. joint-program two offering are now Philadelphia in University Jefferson Thomas and Law of School University at Widener Briefs Institute Law Health The University partnership Jefferson announce Thomas and Law Widener uighrwloeremarks. welcome her said during Ammons L. Linda Dean way, some our in of lives, all affect that topics timely these through oppor- tunity learning unique you a bring such to excited are “We attorneys. ment entertain- face that concerns ethical the and contract negotiations, NFL Internet, the shows on television and films release of the included day the of topics Other Association. Law its Entertainment and and school Sports law the by on put conference, annual second the during presentations made speakers Eleven said. Camp war resolved,” a be in to won yet battle a be “It may appealed. be could the decision but system, licensing law copyright the to under subject royalties are tones ring most and health.” law public of disciplines the of cross-pollination the from and programs these from immensely benefit both will Law Widener and Jefferson Thomas universities. education health and medical leading the nation’s of one col- with for laboration better been never time has the issues, health of, public awareness and in, interest ever-increasing Law the With Health Institute. our and our school for law forward step exciting be an will programs joint “These Widener. then at and finishing two or year for another Jefferson to on moving each day,” uly hi Egoville. Chris Pulley, Kevin Iannucci, David Cline, Benjamin Murphy, Alexander member faculty adjunct Ivan Lee, Mehta, Isha left, From advisor. faculty their stand with event the plan helped who students Association Law Entertainment and Sports to add will programs joint degree new the combining Ammons said L. Linda Dean Law industry. pharmaceutical the and programs national inter- consulting, health ship, leader- organization insurance health administration, public health in careers pursue able to are Graduates full- study. of time option the with part-time students for designed is public health in program science of master university’s The 1969. in established was which Studies, Graduate of the College through university’s run be will pro- gram the Jefferson, Thomas At ah”sesaid. she this path,” choose who students for opportunities fantastic to bring going is schools such two reputable from degree joint “A said. Ammons place, market- the in sought-after graduates program’s the surely make will degree health Jefferson public a with degree Widener law a Combining DL. SJD, and MJ, LLM, the area, including this in offers school the degrees quality the other and Institute Law Health recognized internationally and nationally already the IEE LAW WIDENER 29 Dean’s Leadership Forum Kicks Off With Alumnus George Miller ’81

Great leaders are not the people students, in a conversational coffee and driving his superiors who come into a room and start setting, to learn about what it when needed—and how today telling people how wonderful takes to be a leader in legal he balances time for his family they are, a standing-room-only and other communities. Dean and himself. “In every business, crowd in the Ruby R. Vale Linda L. Ammons chatted with if you don't put your foot down, Moot Courtroom was told Miller in front of about 250 the business will eat you up,” in November. students and faculty, who Miller says. “You really have Legal Briefs were then allowed to pose to think about what you want “At the end of the day what their own questions. from life.” you want to try to do is lead through accomplishment, Miller is a 1981 Widener Law He mixed anecdotes about lead through service, lead grad who has his own practice representing the infamous through example,” said in Atlantic City and serves DonaldTrump in Atlantic City George K. Miller, a successful on the law school Board with sage advice on the impor- attorney, businessman, and of Overseers. He has been tance of networking and build- community leader. Miller was involved in business ventures ing a name in the legal field. interviewed for the inaugural with Harrah's Entertainment, “George was a fantastic Dean's Leadership Forum that the Philadelphia Stars franchise, interview for our inaugural took place Nov.15 on the United States Football League, forum,” Ammons says. “He Delaware campus. and the Shore Cable Company struck a wonderful balance of New Jersey. The forum is an engaging between words of wisdom new program for the entire law Miller talked about his work and entertaining stories. He school community that focuses ethic—and how he secured got our program off to a great primarily on the experiences his first job as an attorney by start, and I look forward to of Widener Law alumni and starting the day early, working bringing it back with another provides an opportunity for late, and willingly making outstanding speaker.”

Widener Hosts and customers were legal matters. As part of her practice residents before providing she also trains employers on Discussion on them with any services.The I-9 (employment verification) city agreed not to enforce the compliance and defends Hot-Button ordinance, but is working on employers in the event of a new version. Department of Labor or Department of Homeland Immigration The afternoon featured two Security investigations. Park important speakers. Issues is co-counsel to the coalition Elena Park, an immigration that is opposing the Hazleton Widener Law hosted a timely attorney who practices with Illegal Immigration Act in discussion of immigration Cozen O’Connor in West federal court. She is a member issues Oct. 23 on the Harrisburg Conshohocken, PA, where she of the American Immigration campus.The school’s student heads the firm’s immigration Lawyers Association. Park chapter of the ACLU sponsored practice, discussed federal holds an undergraduate degree the event with support from agency policy and legislative from the University ofToronto the Black and Minority Law trends involving immigration. and a law degree fromTemple Students Association.The She focused on how these University James E. Beasley program stemmed from trends have impacted School of Law. headline-making legislation Pennsylvania residents, Dr. Agapito Lopez, a retired passed in Hazleton, PA. including a brief explanation ophthalmologist who repre- of what has been happening The controversial Hazleton sents Luzerne and Lackawanna with the Hazleton Illegal Illegal Immigration Act ordi- Counties on the Pennsylvania Immigration Act ordinance. nance would have obligated Governor’s Advisory Commis- Hazleton landlords and business Park concentrates on business sion on Latino Affairs, spoke owners to confirm that tenants and employment immigration about the history of migration Widener Welcomes U.S. District Judge John Jones

Presided over Jones decided the Kitzmiller case in December 2005, ruling “Intelligent in favor of the 11 Dover, PA, parents who sued their local school district claiming Design” case intelligent design is a form of creationism—something that Widener Law’s Harrisburg cannot legally be taught in campus welcomed U.S. District public schools. Jones agreed, Judge John Jones to a packed finding intelligent design to moot courtroom for a talk be a religious belief, not a on judicial independence scientific theory. He ruled that on October 24. teaching it in public classrooms violated the U.S. Constitution. “We must never He and his family lived under the protection of the United forget that the rule States Marshals Service during of law is not a the trial, held in Harrisburg. Jones suggested to the The inaugural Dean's Leadership Forum on the Delaware conservative or Widener students that judges campus was a huge success. George K. Miller '81 took questions from Law Dean Linda L. Ammons. liberal value. It is and attorneys must do more to speak to the process of law an American value.” and how the courts operate, with an eye for educating the public. “We must never forget into the United States, including More than 200 people, that the rule of law is not a the changing immigration laws, predominately students, filled conservative or liberal value. It Hazleton’s immigration history, the room for the hour-long is an American value,” he said. the new immigrant wave there, discussion. Jones explained and possible political and social how the high-profile “intelli- President George W. Bush motives affecting immigration gent design” case of Kitzmiller appointed Jones to the U.S. policies. v. Dover, over which he District Court in 2002.The U.S. Senate unanimously confirmed Lopez has been a regular presided last year, ignited a him in July of that year. spokesman for the Latino passion in him for matters pertaining to judicial independ- community in Hazleton and His talk aired on C-SPAN’s ence. He said that case and the has been in the forefront of “America & the Courts” firestorm of attention it got opposition to the Hazleton program Saturday, Oct. 28, from special interest groups, Illegal Immigration Act. Lopez and is available through the media, and pundits, taught holds an undergraduate degree www.c-span.org, by clicking him the public has no real from the University of Puerto on “America & the Courts.” Rico in Rio Piedras. He earned grasp on how judges operate. a medical degree from the “When necessary, the public University of Puerto Rico believes judges will, or should, School of Medicine in 1971. His throw one for the home team,” wife, Sandra L. Medina-Lopez, Jones said. “It does exist and is a social worker who has it is quite real.” directed the Migrant Education Program in Hazleton for the last 14 years.

WIDENER LAW 31 Tierney offers the Daily News as an example of what he meant when he spoke of the paper finding its voice. “The Daily News has a clear sense of what it is and what it wants to be,” he says. “The Inquirer, which is still a terrific paper, sometimes has some uncer- tainty about what it is and what it wants to do.

“It’s like seeing an old friend who keeps changing the part in her hair every so often.”

Alumni Impact Running Philadelphia Newspapers, Inc., which is still the region’s dominant news organization, has requiredTierney to use both the right-brain creativity he acquired in the course of a career in advertising and public relations and the left-brain rigor he developed while studying law at Widener.

He embarked on both his PR career and his legal studies at about the same time, not long after graduating from the University of Pennsylvania in 1979. “When I first got out of BrianTierney ’87, the man who Hometown college, I was going to go right made James Earl Jones the into law school, but I decided voice of Verizon, would like I wanted to try other things The Philadelphia Inquirer to first,” he says. BoyMakes get its voice back too. And as chairman and chief executive So he started a public relations officer of Philadelphia Media firm, in his words, “as a day Holdings and publisher of job to pay my bills while I News the Inquirer, he is now in a worked my way through law position to make that happen. school. Here I was, going to be a lawyer, and I had a family Tierney is the public face of and bills to pay, so I started the group of local investors Running The Philadelphia the PR firm thinking it was that purchased the Inquirer something I would do while Inquirer and Daily News and its sister paper, the I studied to become a lawyer. Philadelphia Daily News, But the firm took off; it became is a labor of love for from the McClatchy Company really successful.” Brian Tierney ’87. for $515 million last summer. “My family has read the The success didn’t stop him By Sandy Smith Inquirer for three generations,” from enrolling in law school he says, so he is familiar with anyway. Brian followed his both its past and its present. older brother Kevin ’82 to And if the Inquirer can regain Widener Law, where he would a sense of purpose, he said in be followed by his younger an interview not long after the brother, Michael ’93. sale, it could have a future as great as its past. The law school years were a from his goal of restoring the “But with a lot of conversation, hectic time forTierney. “I was paper to prominence. “We working in partnership with our dealing with major clients want to be in a position where unions, we were able to change during the day, then jumping a year or two from now, if just about every work rule we in my car and driving down to you ask someone, ‘What is the wanted to change. ... What I law school at night,” he recalls. best media company in serving learned in law school was “I knew that I wasn’t going to its community?’ they will say, that negotiating is not about practice law, but I found it ‘You ought to go to Philadelphia splitting the difference,” he stimulating still. It was some- and check out what they’re said. “The end result has to be thing that I thought would be doing there.’” something that works for both useful, and it has proved a sides.”WhileTierney was not Running He is also well aware of the useful tool as a businessperson directly involved in the labor role the Inquirer and Daily Philadelphia to have the law degree.” negotiations, the negotiating News play in setting the team he assembled kept Newspapers, When asked to provide region’s news agenda.Tierney this in mind. examples, he continues, and his partners have received Inc., which is “I think it’s helpful in negotia- tons of e-mail from readers still the region’s tions, obviously. But what is and media professionals and “I also enjoyed particularly helpful for me is have conducted focus groups dominant news on the creative side. and informal discussions to the intellectual learn how Philadelphians view “Many times, creativity is organization, the papers. “One thing that stimulation about connecting things in comes through is that this is has required illogical ways, seeing patterns that law school the most important media site that aren’t necessarily obvious Tierney to use for the region,” he says of the offered. I at first glance. Law tends to papers and their joint Web build on logic—this leads to both the right- site, philly.com. found sitting in this leads to that—and that brain creativity has made me successful as “There’s great affection for the constitutional he acquired a businessperson. product,” he notes. “And there’s law classes a lot of pride in the fact that in “I also enjoyed the intellectual Philadelphia, we’ve been able in the course stimulation that law school almost a tonic to do something that no one offered. I found sitting in of a career in else has been able to do, and after the end constitutional law classes that’s have local control of the advertising almost a tonic after the end of a long day.” papers again. of a long day.” and public “The NewYorkTimes and Tierney offered praise for his the national media are Tierney has also put muscle relations and Widener Law instructors. “I talking about the Philadelphia back into the papers’ marketing had some terrific professors the left-brain experiment. We’ve had people efforts, which have already when I was at Widener,” he calling in from other cities— begun to produce results. says. “I can honestly say that rigor he L.A., Baltimore—asking about “In November and December, the professors I had at Widener what we’re up to.” Inquirer circulation was up developed were on a caliber with those for the first time in two years. I had at Penn. It’s definitely a high-wire while studying Daily News circulation was up act, and so far,Tierney has “There was Ruth Gansky, for the first time in four years” managed to keep his balance law at Widener. who taught me and —a stark contrast to the papers’ on the tightrope as he works procurement issues; Chuck recent performance under to get the papers back on a Peruto on criminal law; Fairfax Knight Ridder management. growth trajectory. In a recent Leary, a constitutional law interview, he described some It’s all in keeping with the professor who had taught at of the underbrush he had to ultimate goal of becoming Penn; and the real-world folks clear. “We bought a company the region’s preeminent who were members of the with a lot of challenges that news source. “The goal of an Delaware Supreme Court—a was owned by one of the worst enterprise is to grow, to serve real strong group of professors.” run media companies in the the community, and to hire The recent drama surrounding country,” he said. “Part of the the right people to do the negotiations with the news- problem was the labor con- job,” he said. papers’ unions and the layoffs tracts. Fortune magazine of some 70 Inquirer reporters described them in December have not dampened his as the most archaic contracts enthusiasm nor deflected him of any in the United States. WIDENER LAW 33 The Philadelphia Story:

The term “Philadelphia What is the most difficult Are there any particular lawyer” has always held a part of trying a case? courtroom moments that certain cachet—and still does. There are many challenges stand out in your mind as to trying a case, including career highlights or are Traditionally, Philadelphia the seemingly mundane, like simply unforgettable? attorneys have been viewed scheduling experts who have There is one moment I will not as aggressive and top-notch conflicting schedules, getting forget from my first few years in the profession, with court- all of your exhibits ready, and of practice. A senior member of room skills that complement so on. However, the most the bar, who was sitting next to

Alumni Impact their razor-sharp legal minds. difficult aspect of trial for me me in the courtroom while we is waiting for a jury to return were each waiting to argue Recently, we asked some a verdict and sitting while the motions, leaned over and said, Widener Law alumni, who verdict is read. At that point “Honey, don’t worry. Someone rank among the city's most there is nothing else the trial will come along and marry lawyer can do to affect the you, and you won’t have to respected civil litigators, to outcome of the case:You do this anymore.” comment on the highlights simply have to wait and have On a more positive note, a and challenges of courtroom confidence that you did the number of years ago I defended practice in one of America’s best you could for your client. a large corporation in a tough toughest legal towns. What advice do you give wrongful death case. I surprised to beginning attorneys with even myself by winning the SHARON L. CAFFREY ’87, regard to courtroom skills, case outright.The case was a partner with Duane Morris, demeanor, or tactics? tried very cleanly, so the concentrates her practice in One of my partners recently plaintiff did not have much the areas of mass tort, product told me that 80 percent of a of an appeal and, in fact, did liability, and toxic tort litigation, person’s impression of you is not appeal after the post-trial from the defense side. She has based upon your appearance. motions were denied. I also handled numerous asbestos While I am not certain of the recently had a deposition with cases and medical malpractice accuracy of the statistic, a trial the same attorney, but he did cases. Her extensive litigation lawyer needs to look and act not recognize me, as I had experience includes more like a trial lawyer at all times married in the interim and than 75 cases brought to trial, while in the courtroom. If you practice under my married name. with 25 of those being tried to exude confidence and profes- He mentioned that I looked a verdict. Caffrey is a frequent sionalism, the jury will pick up lot like another lawyer who speaker on the topic of on that. Similarly, if you exude had out-maneuvered him in eDiscovery issues and serves arrogance or indifference, the trial, and I had to hide a smile. as vice chair of theToxicTort jury will pick up on that as and Environmental Law What do you think it well.The jury needs to see that Committee of the American means these days to be you believe in your clients and Bar Association. a “Philadelphia attorney?” their cause and that you have I have tried cases all over What do you love about confidence and conviction in the country and still believe being in the courtroom? what you say.They also need Philadelphia attorneys earn It takes a great deal of effort and to believe you and, to some their reputations as being preparation to be an effective extent, like you as a person. among the most skilled and trial attorney. Once you are I also advise against greed and clever adversaries. Philadelphia prepared for trial and begin deception before a jury, such attorneys have the rare combi- opening arguments, a trial is as overreaching, stretching nation of intellect, courtroom like a chess match—you have to the truth, trying to bury bad skills, and street smarts, think three steps ahead of your evidence, or otherwise which makes them formidable adversary and the witnesses appearing that you have adversaries. Because you are cross-examining. It is something to hide. Juries Philadelphia attorneys are exciting and mentally stimu- almost always pick up on these often pitted against other lating to try to outwit your tactics and will punish a client Philadelphia attorneys in the adversary and their witnesses. for the lawyer’s behavior. courtroom, they learn from the best on a daily basis. Litigators in the City

EUGENED.MCGURKJR. What advice do you give JAMES D. GOLKOW ’86, ’ 7 8 , a partner at Raynes beginning attorneys with a partner at Cozen O’Connor, McCarty, has represented regard to courtroom skills, where he serves as chair of the claimants in medical malpractice demeanor, or tactics? firm’s Workers’ Compensation cases, products liability, and Be yourself and be prepared. Subrogation & Recovery all forms of personal injury There are no substitutes for Group, has tried numerous involving catastrophic injuries preparation. If you try to be cases in both state and federal and deaths, from the trial something you’re not, or put courts, including those in courts to the highest courts of a spin on things, the jury will Delaware, Pennsylvania, Pennsylvania and New Jersey, see right through it. NewYork, New Jersey, Virginia, since joining the firm in 1981. , and Puerto Rico. Are there any particular An experienced lecturer, he His litigation experience courtroom moments that has spoken at the University includes prosecuting and stand out in your mind as of Pennsylvania,Temple defending cases involving career highlights or as University School of Law, complex product liability, something that you will Thomas Jefferson University particularly those involving SHARON L. CAFFREY ’87 just never forget? Medical School, the Medical medical devices and medical I especially enjoy trying cases College of Pennsylvania, and equipment, construction with a colleague.You know at numerous continuing legal accidents, and premises the old adage, a load divided education seminars. He is also liability, and he has been a between two is more than an adjunct faculty member in frequent speaker and author halved in weight. Widener’s Health Law program. on tort-related topics. McGurk is Chair of the Board of As to moments I will never What do you love about Overseers of Widener Law, and forget, I vividly remember a being in the courtroom? he is a member of the Board of case in which there was some The spontaneity. No matter Trustees of Widener University. difficult economic analysis how much preparation is In addition, McGurk serves on which the jury was asked to performed, there will be the Philadelphia State Civil make. I told them in closing moments when the unexpected Procedures Committee of the that they may need a calculator or unanticipated happens and Philadelphia Bar Association. when they come to the ques- a trial lawyer needs to react He has also been a board tion of damages. Needless to instantly in front of the judge member of the Center City say, I was thrilled when a note and jury. It may be that a Proprietors’ Association and at was sent to the judge stating witness says something EUGENE D. MCGURK JR. ‘78 present serves as an advisory that they “were ready for that unexpected, or a new document board member. calculator.” surfaces.That challenge is what What do you love about What do you think it I enjoy the most. being in the courtroom? means these days to be a What, for you, is the most It is such a dynamic process "Philadelphia attorney?" difficult part of trying a case? that is all about relating to Pretty much what the dictionary Jury selection. It is very difficult and engaging people. It says: “A knowledgeable lawyer to determine if a potential juror demands your best and who pays attention to detail.” will be sympathetic to your side can be exhilarating. I think that rings true for my of the case based upon some fellow lawyers and judges in What is the most difficult brief questions. In some juris- the Philadelphia Bar. part of trying a case for you? dictions the Court conducts the Getting everyone in the right juror’s examination (voir dire), place at the right time. Without making it even more difficult. a doubt scheduling witnesses is every lawyer’s biggest dilemma.

JAMES D. GOLKOW ‘86

WIDENER LAW 35 The Philadelphia Story:

What advice do you give BERNARD W. SMALLEY ’80 What advice do you give to beginning attorneys with concentrates his practice in the to beginning attorneys with regard to courtroom skills, areas of medical negligence, regard to courtroom skills, demeanor, or tactics? pharmaceutical liability, demeanor, or tactics? Be yourself, first and foremost. defamation, class actions, Observe the good, the bad, Many young attorneys try to products liability, and other and the “downright” ugly from copy another lawyer’s style, personal injury matters from everyone but develop your demeanor, etc., which usually the plaintiff’s side. A shareholder own style, one that you are doesn’t work.The most effective at Anapol Schwartz, Smalley’s comfortable with.Your style,

Alumni Impact attorneys act in a manner most extensive trial experience has however, must include both natural to them, which usually earned him a place as a fellow inwardly and outwardly the comes across with sincerity. in both the International fact that you are in control. Academy ofTrial Lawyers and Are there any particular Are there any particular the American College ofTrial courtroom moments that courtroom moments that Lawyers. He sits on the Board stand out in your mind as stand out in your mind of Governors of the Association career highlights or as as career highlights or ofTrial Lawyers of America and something that you will as something that you has served as president of the just never forget? will just never forget? PhiladelphiaTrial Lawyers I was trying a high profile The first case that I tried to Association. case in Puerto Rico. I got my verdict as a new associate in adversary’s expert on cross- What do you love about my current firm was one in examination to admit his theory being in the courtroom? which I was up against one of “didn’t fit,” but lost the case The absolute electricity that my mentors. After a two-week anyway. A valuable lesson. It comes with cross-examination trial, I got a chance to respond taught me that juries look at of the target defendant. It on rebuttal to my mentor’s the big picture—not just an brings together the knowledge closing argument that his isolated courtroom battle. that you’ve acquired based medical expert simply could upon your preparation as well not have misrepresented the What do you think it as the agility of mind that is truth given his extensive means these days to be a required when the answers training, experience, and his “Philadelphia attorney?” to your questions come back eighty-five page resume; I Tough, aggressive, but at not quite as you anticipated. reminded the jury on rebuttal all times, scrupulous and that our former President, trustworthy. What, for you, is the Richard M. Nixon, probably most difficult part of had a resume just as extensive, trying a case? and we all know what he did. Before the trial, it is the It was a spontaneous remark, arduous and painstaking but it helped to carry the day. preparation to try the case by The jury returned a substantial making sure that you have left verdict for my client. no stone unturned. Afterwards, it is waiting for the verdict. Litigators in the City

What do you think it What do you love about education course on evidence means these days to be being in the courtroom? or courtroom skills that they a “Philadelphia attorney?” So much of life involves would like to attend. I am A while back, I had the privilege uncertainty and shades of grey. particularly proud of the fact of meeting and being asked a Trying a case is one of the few that eight of our attorneys series of questions by acclaimed areas where this is a winner have received an LLM inTrial actor Denzel Washington in and a loser. It is all or nothing. Advocacy. With all of the preparation for his role as the Everything is magnified. It is training that we encourage our attorney who represented fun to be on your feet, ques- young lawyers to obtain, we in the movie tioning the witness, giving an emphasize that they must be Philadelphia. Mr. Washington opening or giving a closing, themselves in and out of the said it best: he wanted to make knowing that a decision will courtroom. Jurors recognize sure he acted in the finest be made, one way or the other, an act. We also encourage our tradition of a Philadelphia with certainty. lawyers to be courteous and attorney, one who effectively respectful to the court, the What is the most difficult and with passion and zeal, court staff, and opposing part of trying a case? BERNARD W. SMALLEY ‘80 represents those whose rights counsel.Trial lawyers have, Preparing for it.The vast majority would be snuffed out by the I believe, a poor and unfair of cases settle. Because you powerful for their own gain. reputation in the public at don’t know which cases will large. Poor public perception LARRY BENDESKY ’87 settle or will try, it is necessary of trial lawyers should not be is a shareholder at Saltz, to prepare every case as if you compounded by discourtesy Mongeluzzi, Barrett & are going to trial. After you to those in the courtroom. Bendesky. Bendesky represents have completed discovery, plaintiffs in product liability turned over expert reports Are there any particular cases, including those involving and (in some jurisdictions) courtroom moments that the operation of motor vehicles, completed expert depositions, stand out in your mind elevators, power tools, and you must prepare the case as career highlights or industrial and manufacturing for trial. It is a tedious, time- as something that you equipment, and he also handles consuming process.You have wil just never forget? claims involving catastrophic to painstakingly review the The most exciting moment in construction accidents. He file, mark the portions of the the courtroom is when a jury has served as lead counsel depositions that you want read comes back and you are waiting or co-counsel in numerous in, prepare and respond to for the verdict.The career high- LARRY BENDESKY ‘87 complex cases involving verdicts motions in limine, notice and light of mine is receiving an or settlements exceeding $1 schedule witnesses, and prepare $8.3 million verdict for a client million. Bendesky serves on a proposed jury charge and who was rendered deaf when the Board of Governors of the voir dire questions. It is pain- a utility pole struck him on PennsylvaniaTrial Lawyers staking, but must be done if the head. Association and is a frequent you are going to be an effective What do you think it lecturer on the topics of prod- advocate in the courtroom. means these days to be a uct liability and construction What advice do you give “Philadelphia attorney?” litigation. to beginning attorneys with The term “Philadelphia regard to courtroom skills, attorney” means someone who demeanor, or tactics? is sharp, savvy, industrious, We try to tell all of our young and hard-working.To be a attorneys to soak up as much “Philadelphia lawyer” means information as they can from knowing your way around the all available sources. We courtroom and how to get encourage our attorneys to things done in a practical and come to court with us, even efficient manner. if they are not involved in the case, to watch trials. We also pay for any continuing

WIDENER LAW 37 the job to concentrate on his law studies full time and expects to graduate in May.

Sunday had always had an interest in the UN after witnessing its peacekeeping missions during his time in the Navy. While researching summer work options, he went online and learned about the UN program. His acceptance came after Sunday had already secured other summer work. He turned to Dean of Students Elizabeth G. Simcox for advice. Success Stories

“I told him that I did not ever want him to look back and wish that he had taken this opportunity if he had turned it down,” Simcox recalled. David Sunday with Elizabeth Simcox at the United Nations in NewYork City. The two stayed in close touch over the summer, and Simcox International Intrigue visited him in NewYork. “The work he did, friends he met, interactions he made Intern acts Sunday was assigned to a were incredible for him. very high-profile department: He volunteered for special as Widener peacekeeping operations. assignments as often as He performed legal research, possible, and his enthusiasm ambassador wrote memos, and did some was boundless. On the site finance work. His main project visit I made, his supervisors in the peace- was drafting a manual on the and co-workers all spoke handling of third-party claims highly of him,” she says. keeping world. filed against the UN as a result “In my mind, this was a pivotal of peacekeeping missions. experience for David. He went Harrisburg third-year law The unpaid summer experience into it with little preparation, student David Sunday knows took an unexpected turn in the made the arrangements, how to follow a dream. final weeks, when Israeli forces traveled a distance every The 31-year-old spent the attacked Lebanon, and Sunday day to get to work, learned the summer of 2006 interning at was tapped—because of prior city, participated in substantive the United Nations in NewYork military experience—to help projects in his department, and City, under an ultra-competitive staff a NewYork-based UN learned how to deal with a very program where he was one of crisis center, which was the diverse group of people from only 10 American law students nerve center for peacekeeping all over the world. I can safely selected to participate. Sunday operations. say this was something he will was one of 3,000 applicants remember for a lifetime.” The Harrisburg native enlisted from around the world. A in the Navy after high school, Sunday said he enjoyed total of 170 interns from where he spent six years getting a global perspective 70 countries took part in traveling the world, working on things, which he missed the 10-week program. in counter-narcotics in the from his time in the military. “The entire summer I was Caribbean and South America “I think it’s important for an ambassador for Widener,” and enforcing UN sanctions in people to see there are a lot Sunday said, explaining he told the Persian Gulf. He earned a of opportunities out there. his colleagues about the school degree in finance from Penn You have to be creative and and its programs and always State University after leaving build on your own personal strived to do his best, so it the Navy and then became a experiences that are unique would reflect positively on finance analyst for UPS. He left to your background,” he says. the school. Santino Ceccotti gets clinic and serving in leadership Ceccotti emphasizes that the roles with the Moot Court welcoming and accommodating by with hard work— Honor Society, the Business Law nature of the faculty, adminis- and a little help Society, and the Association of tration, staff, and students from his friends. Latin American and Hispanic helped him to achieve his Students. He recently com- goals. Unable to take notes If you congratulate Santino mented, though, that a judicial himself, Ceccotti recorded Ceccotti about his December externship with Vice Chancellor his law school classes and 2006 law school graduation, Donald F. Parsons Jr. at the also utilized a fellow student he will modestly deflect praise Delaware Court of Chancery “note-taker.” His mother, for his accomplishments, and “has been the highlight of my Liliana, drove Ceccotti to instead, talk about his gratitude law school career.” Ceccotti campus for all of his classes to the law school community for worked on judicial opinions and has been a familiar face assisting him in achieving his in the areas of corporations, at the law school. She says goal of a law school education. estates, and guardianships that her son’s time at Widener over the course of a year. Law “has been a wonderful “It’s been very easy here with experience because I can see all the assistance the university the making of ‘my esquire.’ has provided,” he says. “I “It’s been very easy We’ve always been proud of wouldn’t have been able to him; he always accomplished do this without the law school here with all the everything he set out to do.” being so willing and accom- modating.”The Widener Law assistance the Associate Dean for Student

Mission Accomplished graduate, although confined Affairs Susan Goldberg also to a wheelchair, has an university has has great regard for Ceccotti’s determination and accomplish- enthusiasm for his law school provided,” he says. experience that transcends ments, saying, “Santino has physical barriers. “I wouldn’t have been a delight to work with during his time at Widener. After earning a degree in been able to do I really enjoyed getting to finance from the University know him. Despite his physical of Delaware, Ceccotti enrolled this without the limitations, he has excelled as an evening division student in his classes and has taken and fully embraced life at law school being advantage of many learning Widener Law, participating in so willing and opportunities available at moot court programs, in the the law school. He is bright, bankruptcy clinic, in the pro- accommodating.” capable, articulate, and dedi- bono partnership program, cated and enthusiastic about and in the environmental law embarking on his legal career.”

Ceccotti is not resting on his laurels, though. As this publication goes to press, he is awaiting the results of the February Pennsylvania bar examination, with plans to take the Delaware bar exam in July. His job search has also begun. Ceccotti hopes to land a position in the corporate or bankruptcy fields and has embarked upon his quest for a legal job with the enthusiasm and determination typical of his Widener Law career.

Santino and Liliana Ceccotti

WIDENER LAW 39 Third-year Harrisburg ATale of students gain courtroom experience on both sides of the aisle.

MICHAELGIBSON, 29, grew up in southern New Jersey, just outside of Ocean City, in Success Stories Linwood. He is a 2000 graduate of Villanova University and hopes to graduate in May from Widener Law. He is an extern with the Dauphin County District Attorney’s office.

Why did you choose Widener Harrisburg? I chose Widener Harrisburg for several reasons. First, because of its recognition in the South Jersey area—where I grew up and planned to practice—and because my brother is a gradu- ate of the Delaware campus, and my father was an adjunct professor at the Delaware campus. Both my brother and father were able to give me first-hand feedback of their experiences in the Widener community, which made me attorney in a criminal law seemed almost every case feel extremely comfortable office, but also allowed me to involved drugs. My experiences with the law school. Second, get some courtroom experi- in these cases really opened I chose Harrisburg because I ence. At the DA’s offices I was my eyes to the significance of thought it would provide me involved in everything from this problem and how it leads with some new experiences. case research to conducting to additional criminal activity. I had already gone to under- detention hearings in both graduate school and worked How will your extern adult and juvenile court. for several years in the experience help you Philadelphia area and Did any specific case open as an attorney? thought Harrisburg would your eyes to an issue or One of the areas that I am really be a nice change. injustice in the criminal interested in is litigation, and justice system? my experience at the DA’s Describe your experience I cannot recall a case where I felt office provided me with several at the DA’s office. that I witnessed any injustice, opportunities to participate in I have always been interested but I do recall one discouraging the courtroom and interact in criminal law but never issue that seemed to underline with the judges and other seriously considered it as a all the cases: drugs. I was attorneys. By taking advantage field of practice. However, somewhat surprised and of this opportunity, I now have after my experience at the DA’s discouraged to see just how foundation, my “sea legs” if office, it is definitely something big the drug problem is in the you will, to enter a courtroom that I am considering. It has criminal world. No matter what and have a general comfort not only exposed me to the issue was being tried or what level that other students nuances of the life of an charge had been filed, it may not have. DAMIANDESTEFANO, 26, The approach to criminal prac- hails from Easton, PA, and tice within Dauphin County is Two Externs attended Northeastern hands on. I was able to meet University in Boston. He is judges and attorneys from all externing at the Dauphin over the county. I was asked County Public Defender’s office to wear a suit every day, and and will graduate from Widener my office was basically the Law in May. Dauphin County Courthouse. Lastly, I was able to attend Why did you choose Juvenile Detention Hearings. Widener Harrisburg? I got into theTrial Admission Did any specific cases affect Program and it was close you or open your eyes to an to home. issue or injustice in the criminal justice system? Describe your experience All the cases affect me and at the PD’s office. they all opened my eyes. Every I obtained my interest in criminal defendant has a story and law by working through every one has a version of the Widener’s Law Clinic. During facts. We barter with people’s the summer ‘06 semester, I was liberty.That is the nature of the able to work on actual criminal criminal system, but it leaves files under an amazing staff no room to miss details. attorney, Monica D. Cliatt ‘99. The clinic introduced me How will your extern to criminal procedure. I would experience help you when interview defendants and take you become an attorney? them through the preliminary I would not be a complete hearing, formal arraignment, attorney without this extern- and disposition stages. ship.This is courtroom experi- ence every day. I learned how This gave me valuable to interact in a courtroom experience for the PD’s office; between fellow attorneys I was able to jump right in. and judges. Plus, I learned On the first day of working at where to file any kind of the PD’s office, I was asked to document at the courthouse. sit in on an interview with two attorneys from the PD’s office What are your career goals? and a defendant for a first- I plan to stay in criminal prac- What are your career goals? which I am very excited about. degree murder charge before tice for a while at the public My exact career goals are Working alongside Judge the preliminary hearing held at defender’s office and get somewhat undefined at this Perskie will provide me with Central Court at DCP. I attended practical experience in the point. However, I plan to return a tremendous learning experi- preliminary hearings with courtroom.The number of to the South Jersey area and ence and lay a strong founda- supervising attorneys and was attorneys that have actual begin my practice. It is most tion for my legal career. handed “simple assault” files. courtroom experience is low, likely that I will enter into a How has Widener played I was to interview the client and I already have that before civil litigation practice or get a part? and present the matter to the graduating law school. Later, I involved with some casino Not only has the school taught District Justice so that the hope to join a private criminal work, but I am always looking me how to think and analyze charges could be dismissed practice. for new interests. Furthermore, situations like a lawyer, but it instead of the client being since both my brother (a has also provided me with bound over for trial. I was partner in a firm in Cape May external opportunities, such as asked to lift capias and County) and father (a retired my externship and trial work- reinstate bails under unique Superior Court Judge, now in shops, that have helped put my circumstances. I drafted a lot mediation and arbitration) are learning to the test. In addition, of continuances and guilty plea practicing in the area, it would I feel that I matured during my colloquies. I was also able to be nice if one day the three of years at Widener. Despite being sit on initial interviews for us could join forces. one of the older first-year individuals that were applying I have secured a clerkship students when I began school, for PD’s assistance. following graduation with I still feel that my experience Judge Perskie in Atlantic City, at Widener helped me grow as a person. WIDENER LAW 41 Dual Threat For stand-out

Success Stories student Meghan Adams, success is par for the course.

Whether she is on the golf course or in the classroom, third-year law student Meghan Adams strives for perfection. Adams won the Delaware Women’s Golf Association state amateur tournament in June 2006. She also was the Dover High School, she played out with my male law school tourney champ in ’03 and ’05, on the men’s team and shot classmates who think they and came in second in 2004. from the men’s tees. can beat me!” An exemplary student, Adams According to Adams, “Dover Adams’ success this year in is in the top 10 percent of her High was a golf powerhouse,” golf and in law school is bitter- class. She serves as articles and the competition with her sweet, however. Her father, editor for the Delaware Journal male teammates improved her Michael, her inspiration and of Corporate Law, and is active game. During her senior year, biggest cheerleader, died in the Student Bar Association. she finished ninth in the boys’ suddenly of heart disease in Additionally, Adams clerks for state tournament, playing from September. Not only was he the Delaware Supreme Court’s the men’s tees. After two years a golfer who attended her Chief Justice MyronT. Steele at James Madison University, tournaments and shuttled her through Widener Law’s judicial sports scholarships were cut to golf activities as a youngster, externship program. and Adams transferred to the but according to Adams, “My From the age of 11, when University of North Carolina. dad always wanted to go to she took lessons offered to There, she was captain of the law school and didn’t have the members of her swim team, golf team, leading the squad to opportunity. He encouraged Adams has been hooked on qualify for the NCAA nationals— me to go. I didn’t know if I golf. Her parents saw her its best finish in five years. would really like it, but I love it.” enthusiasm for the sport and Despite her talent for the sport, The week before he died, bought her first set of clubs Adams made the decision not Adams shared with her father that Christmas. By the time she to turn pro. Instead, she golfs the news that she had been was 13, she was involved in a for pleasure and works with a offered a position after gradua- junior golf program through golf teacher who is based in tion with the Wilmington firm Hartefeld National Golf Club Florida. “I just want to go of Chimicles &Tikellis, where in Avondale, PA, and was par- out there and have fun,” she she will focus on corporate law ticipating in tournaments. At explains. “I really like to go from the plaintiff’s side. In Search of ... Attention Alumni: Widener University We want your Class Notes!

School of Law Alumni Class Notes invites alumni to write to the Development/Alumni Office with news of interest. If your name has not appeared recently in Class Notes, take a moment to share some news about yourself for an upcoming issue. If you wish, include a photograph with your information (digital 300 dpi or hard copy).

INANEFFORTTOBRINGTOGETHER Name ALUMNIFROMAROUNDTHEGLOBE,

Widener University School of Law is proud to announce Class Year the publication of an all-new Alumni Directory.

Scheduled for release in late 2007, our Alumni Directory Home Address will be an up-to-date and complete reference of more than 10,800 Widener University School of Law grads. City / State / Zip This comprehensive volume will include current name, previous name as a student (if different), as well as class year. Each biographical listing will also include Telephone (Home) home address, phone number, names of spouse and children, plus detailed professional information. E-mail (Home)

The new 2007–2008 edition will list alumni alphabetically, by class year, by geographic location, and by occupation Business Address in our special “career networking” section.

The Alumni Office has chosen Harris Connect to produce City / State / Zip this special edition. Harris Connect will begin researching and compiling data for inclusion in the directory by Telephone (Business) mailing a questionnaire to each alumnus/a soon. Please be sure to complete the questions and return the form immediately. If we don’t have your current address on E-mail (Business) file, please contact the Alumni Office at 302-477-2172 as soon as possible, so we can make sure you receive Your news: a directory questionnaire.

With your participation, the 2007-2008 edition of the Widener University School of Law Alumni Directory is sure to be a great success!

Visit the Widener University School of Law Web site at www.law.widener.edu.

Send your Class Note to: Alumni Office, Widener University School of Law P.O. Box 7474, Wilmington, DE 19803-0474 43 44 IEE LAW WIDENER oiiaino a passage. bar of notification hs lmifrwo the whom for alumni those a lmiwho alumni Law n enLinda Dean and asdsaebar state passed hs Widener these a colhsreceived has school law examinations.* colo Law of School Ti itrfet only reflects list *This aerecently have congratulate .Ammons L. University Widener Congratulations! ahleR Wells R. Rachelle Weiler G. Steven Warren M. Matthew Warner C. Raeann Vinograd L. Dana Story L. Jennifer III Stewart R. William Srivatsan R. Chakaravarthi Seelaus K. Anne Scott N. Raymond Schwenzer A. Heather Rushe G. Michael Rudloff J. Chandra Poppiti C. Ciro Politis D. Pamela Poff W. Kristen Parikh A. Mona Panico C. Andrea O’Connell B. Penelope Murphy A. Jennifer Montejo E. Marcus Melone R. Vince Krayer M. Nicholas Kingsley Leonard Janczyk K. Peter Hafer E. Tara Gumapac L. Rochelle Grogan M. Robin Goodman L. Vicki Galbraith B. Michael Frazer N. Kristi Frawley B. Matthew Fitzgerald K. Erin Fiechter C. Samuel Feigenbaum J. Keith Ellis J. John DeBruin W. David Davenport W. Timothy D’Emilio P. Matthew Clark F. Sandra Chong C. Jimmy Carroll M. Kevin Callaway P. Justin Britton M. Allyson Berg D. Gary Auerbach E. Sara Arrington W. Katie Annos W. Theodore E R A W A L E D Smith Brandon A I Michael N R O F I L A C nrwSchwartz Andrew Sawhney Vivek III Mazurek Joseph Frank Keisling Bret Harrison J. Thomas Frank Paul Adam Flood Stephen Bryan Feely Mari Kathleen Eremita Elizabeth D N A L Y R A M ihl .Kluk L. Michele Keating M. Christina Karabulut D. Melissa Janis A. Joshua Jahn Richard Jablonski J. David Hennessy J. Andrew Heesters G. Christian Hauber G. Matthew Hammel E. Andrea Groen L. Justin Goldberg E. David Gogots M. Kevin Goffney S. Jacquelyn Gammon F. Nicola Galea Joseph Fry A. Melissa Fry E. Gretchen Friedman E. Samuel Foley M. Corinne Fitzgerald K. Erin Fisher M. Matthew Feigenbaum J. Keith Eunson A. Christina Ellis J. John Elias I. Mazin Duffy B. Kathleen DePetris A. Christine Demourtzidis A. Daphne Darpino M. Anna Cranston E. Jennifer Corcoran P. Brian Colin F. Kyle Cohen S. Michael Cohen B. Lisa Chuven S. Michael Carroll M. Kevin Cantor A. Jill Burns L. Michael Bullock J. Andrea Bucksner E. Lauren Brown E. Megan Brockson A. Beth Bright T. Kevin Bonner J. Rita Bondar Robert Black T. Seth Bieber M. Justin Berman Zlata Battista L. Sandra Babar N. Rahat Ayes R. Mitchell Augustine Anthony James Auerbach E. Sara Arkema M. Chandra Andrien C. Richard Anderson R. Erik Abbott Y R. E S R Michael E J W E N hno ai Weaver Marie Shannon II Thompson D. Frank Stevens Chapman Benjamin hitpe .Tellner J. Christopher Tebay E. Joshua Strokoff R. Franklin Story L. Jennifer Stoker K. Kristen Smith E. Holly Sileski J. Michael Sibel E. Catharine Shamy R. James Shakhnevich Steven Serianni J. Justin Schwartz M. Dawn Sasso F. Geoffrey Sarker Neil Sampson L. Mathew Sack I. Matthew Russo J. Joseph Rushnak A. Mark Rushe G. Michael Ruf P. Terence Rowe B. Lawrence Ross A. Matthew Rose-Rich Summer Romano L. Trisha Rodionov Milena Resch K. Sarah Remington M. Bryan Petersen W. Arthur Perri M. Colette Peoples M. Andrew Patruno N. Luciano Olszyk D. Christopher O’Connor Marybeth Newman C. Shawn Mylan John Murphy P. Michael Moriconi S. Justin Montgomery D. Suzanne Miller M. Jarrod Michaleski F. Ryan McMeen B. Daniel McGovern H. Jeffrey McEntee P. Brian McDonald G. Kevin McDonald J. Alyson McClellan Mary Mattiacci W. Nicholas Malavolta L. Megan Lovin A. Dan Louka M. Edward Lombardo M. Anne Logan R. John Liu Y. Evan Lindsay R. Jeffrey Levin A. Joshua Leva D. Michael Leonard J. Anthony Lentz A. Melissa Lee Richard Lauria J. Brandon Landman F. Ian Kurkowski M. Daniel Krik L. Justin Marguerite L.Thomas Patrick J. Collins Christin C. Kubacke Brett P. Preston Jennifer J.Thompson Edwin J. Colon Susan K. Kubinsky Kenneth R. Pyle Marc R.Tilney Brian P. Corcoran Andrew C. Laird Nina G. Qureshi Brett N.Tishler Jennifer E. Cranston Jeanna L. Lam Krista M. Reale Matthew T.Tranter Stewart C. Crawford Ian F. Landman Bryan M. Remington Robert A.Turco Bryan D. Cutler Mary Ruth Lasota Matthew J. Rifino James Turner Anna M. Darpino Elizabeth G. Latorre John M. Roberts Jeremiah J. Underhill Daphne Ahtaridis Brandon J. Lauria Milena Ilevska Rodionov Amy A. Underwood Demourtzidis Mrs. Julie A. Lavan Andrew S. Rosenbloom Lauren A. VanEmbden Leanne M. Deptula Melissa A. Lentz Mrs. Summer Rose-Rich Nicholas J. Wachinski David C. DiDonna Anthony J. Leonard Lawrence B. Rowe Vanessa L. Walters Carmen C. DiMario Joshua A. Levin Chandra J. Rudloff Raeann C. Warner Tina M. DiNicola Evan Y. Liu Terence P. Ruf Patrick J. Wesner Daniel M. Dixon Edward M. Louka Joseph J. Russo Laura R. Westfall Stuart B. Doctorovitz Dan A. Lovin John E. Sabo Lisa A. Wood Erin F. Downing Megan L. Malavolta Matthew I. Sack Linda B. Drejza Kathleen A. Maloles Mathew L. Sampson NEWYORK Kathleen B. Duffy Jason I. Manus Neiladree Sarker Travis Arrindell Miles P. Dumack Jason P. Marmon Geoffrey F. Sasso Mitchell Ayes Leonid Eberman Andre Martino ShannonT. Schlott Tanya Bridges Christina A. Eunson Nicholas W. Mattiacci Heather A. Schwenzer Ryan Briskin Islanda L. Finamore FrankT. McCabe Michael J. Sechrist Michael Chuven Matthew M. Fisher Mary McClellan Korab R. Sejdiu Sean Newell Robert C. Fisher III Kevin G. McDonald Justin J. Serianni John Eric Olsson Corinne Michele Foley Lindsay A. McDonald Jacqueline J. Shafer Corey Adam Ruggiero Kristi A. Fredericks Brian P. McEntee Catharine E. Sibel Mark Rushnak Samuel E. Friedman Jeffrey H. McGovern Michael J. Sileski Carolina Salvia Melissa A. Fry Daniel B. McMeen Sarah B. Silver Steven Shakhnevich Nicola F. Gammon JoshuaT. McNamara Jesse S. Silverman Jacquelyn S. Goffney William A. McNeal Holly E. Smith PENNSYLVANIA David E. Goldberg Stephen M. McVey Virginia J. Speicher Michael R. Abbott Michael B. Goldberg Kimberly A. Meany Aimee Spelman Robert J. Albanese Justin L. Groen Elizabeth A. Meredith Casey O. Srogoncik Laurie A. Anderson Tara E. Hafer Ryan F. Michaleski Amir Stark Theodore W. Annos Andrea E. Hammel Antonio D. Michetti Angela M. Stehle Chandra M. Arkema Matthew G. Hauber Shannon P. Miller Charles W. Stinson Rahat N. Babar Roger C. Hay Jarrod M. Miller Kristen K. Stoker Amy L. Bennecoff Melissa L. Heckman Christa M. Miller Franklin R. Strokoff Zlata Berman Melissa M. Heesters Steven R. Mills Melissa A. Szydlik Justin M. Bieber Katherine L. Heintzelman Suzanne D. Montgomery Christopher M.Tallarico Thomas D. Bielli Andrew J. Hennessy Thomas W. Moore Charlene A.Taylor Seth N. Boer Justin Highlands Justin S. Moriconi Damon T.Taylor John M. Bollinger Sara M. Hudock Andrew R. Morris Joshua E.Tebay Patrick J. Bradley Christopher A. Iacono Karen P. Muroski Christopher J.Tellner Sarah S. Brase-Davis Sasha C. Intriago- Mark J. Mustin Marguerite L.Thomas KevinT. Bright Rodrigues David A. Ney Toby C.Thomas Beth A. Brockson David J. Jablonski Margaret D. Nikolis Brett N.Tishler Eric M. Brown Richard Jahn Marybeth O’Connor Matthew T.Tranter Megan E. Brown Miranda G. James Christopher D. Olszyk Elizabeth A.Tucker Lauren E. Bucksner Joshua A. Janis Michael P. Opacki Robert A.Turco Zeljka U. Budisavljevic Ingrid Jean-Baptiste Ryan A. Palmer Amy A. Underwood Andrea J. Bullock Amanda Joachim Luciano N. Patruno J’aime L. Walker Michael L. Burns Christopher R. Johnson Lisa M. Pectol Rachelle R. Wells Jill Alison Cantor Jennifer A. Juchniewicz Gustine J. Pelagatti Patrick Joseph Wesner Marie C. Cespuglio Melissa D. Karabulut Andrew M. Peoples Suzanne West Ayesha S. Chacko Richard A. Kates Colette M. Perri Laura R. Westfall Jimmy C. Chong Christina M. Keating Arthur W. Petersen Pamela Whitney Douglas S. Cinoman Matthew B. Keener Joseph W. Petka Charles T. Williams Michael J. Clark Lucas A. Kelleher Christine M. Pierangeli Kristen N. Winsko Sandra F. Clark K. Scott Kennedy MarkT. Pilon Lisa A. Wood Brian P. Cleghorn Scott H. Kerr Pamela D. Politis James D. Wood Christopher A. Clouse Lisa M. Klein Tracey L. Potere Tawnya M.Yetter Lisa B. Cohen Justin L. Krik Kimberly V. Pranton Kyle F. Colin

WIDENER LAW 45 OUTSTANDINGALUMNUSOFTHEYEARAWARD

The Outstanding Alumnus of the Year Award was given on December 11 on the Wilmington campus to Brian J. Preski ’92 of Philadelphia. The award is presented to an alumnus or alumna who, through service to his or her community or profession, or other accomplishments, has brought honor, recognition, and distinction to the Widener University School of Law. Preski, a graduate of the Wilmington campus, is the former chief of staff to the Speaker of the Pennsylvania House of Representatives. In that role, he served as the key advisor to members of the Pennsylvania House leadership team and helped to develop and author legislation aimed at improving the quality of life and well-being of Pennsylvania residents. Preski recently Events joined the Philadelphia of Wolf, Block, Schorr and Solis-Cohen, LLP.

NEWLAWYERSJOINTHEPENNSYLVANIABAR

On Nov. 13, 2006, 14 Widener Law graduates were admitted to the practice of law at a ceremony that was held in Harrisburg at the Dauphin County Court House (below). Pennsylvania Supreme Court JusticeThomas G. Saylor presided withThe Honorable Richard A. Lewis, President Judge, Dauphin County Court of Common Pleas.

In addition, a ceremony was held on Nov. 14 at Philadelphia City Hall.Twenty-eight new lawyers were admitted during this event. Pennsylvania Supreme Court Justice Sandra Schultz Newman presided over the ceremony withThe Honorable Robert S. Blasi ‘75, Supervising Judge, Philadelphia County, Municipal Court, Civil Division,The Honorable C. Darnell Jones II, President Judge, Philadelphia County, Court of Common Pleas,The Honorable Charles P. Mirarchi Jr., Administrative Judge Emeritus, Philadelphia County, Court of Common Pleas,Trial Division, andThe Honorable MargaretT. Murphy ‘77, Supervising Judge, Philadelphia County, Court of Common Pleas, Domestic Relations.

The Widener-unique events allow the Law School graduates to be admitted to the bar alongside their friends and classmates. A reception that welcomed the family and friends to celebrate with

46 WIDENER LAW the graduates followed each ceremony. 2006 ALUMNI AWARD WINNERS

Seated from left, William J. Higgins Jr. ’99 (Outstanding Recent Alumni Award),YvonneTakvorian Saville ’95 (Outstanding Service Award). Standing from left, Law Dean Linda L. Ammons, Robert J. Sander ’98 (Outstanding Recent Alumni Award), Brian J. Preski ’92 (Alumnus of the Year Award), Scott E. Blissman ’97 (Outstanding Service Award), Steven P. Barsamian ’75, president of the Widener Law Alumni Association.

JUDGES’RECEPTION

The Honorable Paul Panepinto ’76 hosted a reception in Philadelphia City Hall on Dec. 18 for Judges of the First Judicial District to welcome Dean Linda Ammons to the region. Shown, left to right, are Hon. James J. Fitzgerald III, A.J., Hon. Paul P. Panepinto ’76, Dean Linda Ammons, Hon. George Overton ’86, and Hon. C. Darnell Jones, P.J.

HARRISBURG CLASS OF ’96 REUNION

Alumni from Harrisburg Campus Class of ’96 and guests reconnected at Scott’s Grille in downtown Harrisburg on Nov. 4. Pictured are: Front row, left to right: Jack Marino ’96, Stephanie Hoover ’96; Back row, left to right: Dan Clough ’96, Emily Clough, Paul Zimmerman ’96, John Coyle ’96, Amy Wolfberg, Doug Wolfberg ’96, Carrie Carroll ’96, John Zimmerman ’96, Robin Hensinger Grenoble ’96, Angie Ioannou ’96, Julie Coyle ’96, Cheryl Brown ’96, and Mike Wanagiris ’96. Also attending but not shown were Erin Hennessey ’96, Caryn Green ’96, Chris Preate ’96, Jim Carroll ’95, and Scott Grenoble ’94.

WASHINGTON,D.C.AALSRECEPTION

On Jan. 3, Dean Linda Ammons greeted Washington, D.C. area alumni and students, as well as faculty members, at a special reception held in conjunction with the annual meeting of the Association of American Law Schools.

WIDENER LAW 47 Events

At the McCarty lecture, seated from left, Regina M. Foley ‘92, David F. Binder, and Martina W. McLaughlin, all of Raynes WIDENERLAWHOSTSDISTINGUISHEDLECTURE McCarty. Standing from left, Eugene D. McGurk Jr. ’78, chairman IN HEALTH LAW of the Widener Law Board of Overseers and an attorney with More than 100 people heard New Jersey attorney George Raynes McCarty; Martin K. Brigham of Raynes McCarty; W.Conk, Esq., deliver the second annual Raynes McCarty George W. Conk, ofTulipan and Conk, PC, the attorney who Distinguished Lecture in Health Law on Widener’s Delaware delivered the 2006 Raynes McCarty Distinguished Lecture in campus and at the Union League in Philadelphia. Health Law; Gerald A. McHugh Jr. of Raynes McCarty; Widener Law Dean Linda L. Ammons; Dr. Andrew Newman, associate The lecture, delivered at both of the locations on Oct. 11, was director of Widener’s Health Law Institute; and Raynes McCarty titled “Will the post 9/11 world be a post-tort world?” Conk is attorneysTimothy R. Lawn ’89, Stephen E. Raynes, Dr. Daniel managing partner at Tulipan and Conk, PC, in South Orange, M. Finelli, Lois DeAntonio, and Daniel Bencivenga. NJ, and is an adjunct faculty member at Fordham Law School. The event was made possible through the generosity of the Raynes McCarty law firm, based in Philadelphia. Raynes McCarty attorneys represent the catastrophically injured. It is one of the country’s most philanthropic and civic- minded firms.

DEAN’SWELCOMERECEPTION,WILMINGTON Well-wishers, including, front row from left, Mrs. Mary Wagner (Dean Ammons’ mother), Dean Linda L. Ammons shows off a Widener University President JamesT. Harris III, Delaware Supreme Court Chief Justice Myron key to the city of Wilmington given T. Steele, New Castle County Executive Chris Coons, Wilmington Mayor James M. Baker, to her by Mayor James M. Baker at Dean of Ohio State University-Moritz College of Law Nancy H. Rogers, and Widener University the Dean’s Welcome Reception, Provost Jo Allen, congratulated Dean Linda L. Ammons at a welcome reception on the Wilmington. Wilmington campus on Sept. 26.

48 WIDENER LAW IOWA PROFESSOR DELIVERS WIDENER LAW’S 2006 FRANCIS G. PILEGGI DISTINGUISHED LECTURE IN LAW

Hillary A. Sale, the F. Arnold Daum professor of corporate finance and law at the University of Iowa College of Law, delivered the 2006 annual Francis G. Pileggi Distinguished Lecture in Law to a packed du Barry Room at the Hotel du Pont in Wilmington on Oct. 20.

Sale’s presentation “Caremark: ATale ofTwo Fiduciaries” came on the 10th anniversary of the Court of Chancery decision by retired Chancellor WilliamT. Allen titled In re Caremark International Inc. Derivative Litigation. The famous decision dramatically focused attention on directors’ roles in implementing corporate compliance programs.

Sale said she teaches the opinion every year in her classes and she reached out to students, too, during her trip to Widener. After giving her lecture to an audience of more than 100 members of the legal community in downtown Wilmington, including four members of the Delaware Supreme Court, she traveled to the School of Law campus and addressed about 100 students.

The event was made possible by the generosity of Francis G. Pileggi, a founding attorney of Pileggi & Pileggi and father of Widener Law alumnus Francis G.X. Pileggi ’86, who conceived of the idea to create a corporate law forum for practitioners, judges, and academics.

Sale’s lecture was presented by the law school and the At the Pileggi lecture: Delaware Chief Justice MyronT. Steele; Delaware Journal of Corporate Law, the school’s prestigious Hillary A. Sale, the F. Arnold Daum professor of corporate finance law review.The lecture series has attracted many renowned and law at University of Iowa College of Law; Francis G. Pileggi, speakers in the area of corporate law since the first whose generosity made the lecture possible; and Widener Law Pileggi lecture in 1986. Dean Linda L. Ammons.

DEAN’SWELCOMERECEPTION,HARRISBURG

Law Dean Linda L. Ammons mingles with students at the welcome ceremony in her honor on Sept. 20. From left: Vaneskha Hyacinthe, Melissa Vega, Dean Linda L. Ammons, Elizabeth Schwartz, and Prince Holloway.

WIDENER LAW 49 Class Notes

1975 Pennsylvania have 1979 professionalism and received this prestigious integrity throughout The Honorable Howard award. He practices law Roy Alan Cohen is a his career, and made a Sherman, in December in Broomall, Delaware senior litigation principal difference in the lives of 2006, was sworn in as a County, and is the owner of Porzio, Bromberg victims. Honecker, who Justice of the NewYork of Industrial Valley & Newman, PC, in joined the Monmouth State Supreme Court, Abstract Company. Morristown, NJ, and has County Prosecutor’s Office Bronx County. been named chair of the in 1981, is the first assis- Toxic and Hazardous tant prosecutor from 1977 Substances Litigation Monmouth County to 1976 Committee of the receive this award. International Association Honecker has served for The Honorable Paul P. of Defense Counsel. over 25 years with the Panepinto is a candidate Monmouth County for the GOP nomination Prosecutor’s Office, as Justice of the State of 1980 having held the positions Pennsylvania Supreme of Director of the Child Court. He has been a James M. Matour of Abuse Unit, Director of member of the Court Hangley Aronchick Segal the Environmental Crimes of Common Pleas of Greg Jacobs has retired & Pudlin has been selected Unit, Second Assistant Philadelphia since 1990. from his position as for inclusion in the 2007 Prosecutor, First Assistant Senior Chief Intelligence edition of Best Lawyers Prosecutor, and Acting Charles W. Proctor III Specialist, United States in America. Prosecutor for Monmouth recently received the Navy Reserve, Reserve County. One of eight assis- designation of Certified Intelligence Area Six, tant district attorneys and LandTitle Professional Naval Air Station— 1981 prosecutors in the United from the Pennsylvania Joint Reserve Base, States who sit on the LandTitle Association. Fort Worth,TX. National District Attorneys Only 49 individuals in Association’s Board of Directors, Honecker is a certified criminal trial Coming Soon! attorney in the state of New Jersey and resides in Shrewsbury with his wife Looking for a better way to connect and reconnect with and three children. fellow alumni from Widener Law? Robert A. Honecker received the Outstanding Widener University School of Law will soon introduce David Moneymaker Career Advocacy Award on an online community. Here are some of the exciting, reports that he is alive September 15, 2006, from interactive features you’ll be able to enjoy: and well despite a report in the County Prosecutors the Fall 2006 issue of the I Find classmates and colleagues in the online alumni Association of New Jersey Widener Law magazine to directory at the annual State of New the contrary. Commenting Jersey County Prosecutors I Update your personal information on the error, Moneymaker Association meeting, held noted, “As strange as it I Check out upcoming events and register online in Atlantic City.The award may sound, a lot of good is given to a career assis- I Post class notes and photos or read about news from has come from that mis- tant prosecutor who has other Widener Law graduates take. I was able to catch demonstrated leadership up with individuals with I Make a credit card gift or a pledge to theWidener Law Fund that has inspired his col- whom I haven’t spoken leagues to become better Look for more information to follow in the mail and online. in a very long time.” prosecutors, conveyed

50 WIDENER LAW Scott E. Diamond has 1982 joined Stark & Stark as a 1989 Kevin F. Brady, partner in shareholder and practices Alexander Bowie II has the corporate and com- from the Princeton and joined the Commercial mercial litigation group Marlton, NJ, offices. Litigation Practice of Day, of the Wilmington office Berry & Howard in their of Connolly Bove Lodge & NewYork City office. Derek R. Layser was Hutz, received the Andrew 1987 recently named a D. Christie Pro Bono Pennsylvania “Super Publico Award. Jill Fisher has joined the Philadelphia-based law Lawyer” by the publishers 1990 of Law & Politics and firm of Zarwin Baum Emmanuel J. Argentieri Philadelphia magazine for DeVito Kaplan Schaer has been elected to the plaintiff’s personal injury- 1983 Toddy PC. She will head Executive Committee of medical malpractice. A Joseph W. Oxley was the firm’s Employment New Jersey business law “Super Lawyer” designa- sworn in as president Department. Prior to join- firm Parker McCay. tion represents the top of the American Jail ing Zarwin Baum DeVito five percent of practicing Association in May 2006 Kaplan SchaerToddy PC, Mary Ann Plankinton has attorneys in Pennsylvania, and received the Sheriff Fisher headed her own joined MacElree Harvey and selection is by an of theYear Award from practice specializing in the in West Chester, PA, as a extensive peer nomination the National Sheriffs full spectrum of employ- partner and will practice and polling process.This Association in June 2006. ment law and human out of the firm’s Kennett is the third consecutive resources management. Square, PA, office. year Layser has received Mary E. Sherlock of Mary She has drafted numerous Plankinton, of Landenberg, this honor. Layser is a E. Sherlock, PA in Dover, employment handbooks PA, is a graduate of St. founding shareholder of DE, is the new vice and personnel policies, Joseph’s University. She Layser & Freiwald, PC, president/president of conducted custom in- concentrates her practice with offices in Philadelphia, the Community Legal Aid house seminars, and in . She has PA, and Westmont, NJ, Society Inc. in Dover. developed training pro- served on several civic and has an active trial grams for managers and boards of directors, practice in both states. supervisors. A well-known including the Kennett lecturer in her field, her SquareYMCA and Chester Donald L. Logan is the 1985 speaking engagements County Futures, the principal at the newly Kevin J. Barnes married have included the World Kennett Township Planning formed Logan & Nadine E. Rotondo, who Affairs Council, the Commission, and the Associates, LLC, in holds a bachelor’s and Council on Education in Chester County Bar Wilmington, DE. a master’s degree in Management and Lorman Association. She is social work from Widener Education Services. Fisher appointed as a guardian Joseph J. McGovern University, on June 2, is a member of the ad litem through the announced the release 2006, in Ocean City, NJ. Employment Law and Delaware family courts. of his first book The Kyoto They are expecting their Human Resource sections Licensed by both the Protocol. He has also first child in April 2007.The of the Philadelphia Bar Pennsylvania and authored a second book, family resides in Ocean Association and is a Delaware bars, she is a The Lazarus Witness. City, NJ, where Kevin member of the Society member of the American, owns a law practice,The for Human Resource Pennsylvania, Delaware, Law Offices of Kevin J. Management. and Chester County Bar Barnes, LLC. Associations.

WIDENER LAW 51 Class Notes

character, strength, per- learn seminar entitled Units 21st Annual Seminar sonality, achievement, and “Business Development and Expo on Insurance activities in matters affect- for Women Lawyers: Fraud. ing women lawyers have Addressing the Gender served as an inspiration Factor” focused on how Richard L. Morris Jr. was for women lawyers in acknowledging communi- awarded, by NameProtect, their professional careers. cation differences between theTrademark Insider Kevin D. Sheehan In addition to overseeing men and women can help Award for #1 Miami Law has been promoted to the firm’s Delaware office, women lawyers to succeed Firm for U.S.Trademark shareholder at the New DeMatteis serves as in business development. Filings and #4Top U.S. Jersey law firm of Parker counsel in the firm’s Goldstein was also Trademark Filer for 2005. McCay where he focuses government and public appointed advisor to the on real develop- affairs practice, focusing ABA Women Rainmakers ment, local government her practice in legislative this year. Her company, law, affordable housing, and regulatory lobbying and Rainmaker Trainers, 1994 redevelopment, and business development in coaches lawyers to help Jill (Moyer) Mayer was environmental issues. Delaware and Washington, them increase law firm promoted to Supervising D.C. She also chairs the revenues. Deputy Attorney General firm’s gaming practice of the Organized Crime & 1991 group. DeMatteis currently Racketeering Bureau of serves as chair of the the New Jersey Division Michael A. Brown, a Delaware Commission 1993 of Criminal Justice. She managing partner with the for Women. Lisa Hunn Barber, associ- resides in Cherry Hill, NJ, Washington, D.C., office of ate general counsel for with her husband, Joel consulting firm Alcalde & Brandywine RealtyTrust, Mayer, Esq., and their Fay, is a candidate for the has been named leader- two children. District of Columbia City 1992 ship executive by the Council. A special election A. Kyle Berman has joined Delaware Valley chapter David J. Shannon of will be held in May to fill Fox Rothschild LLP in of the National MS Society. Marshall, Dennehey, the Ward 4 seat. Brown Lansdale, PA. Barber was presented Warner, Coleman & also serves as a Democratic with the Multiple Sclerosis Goggin, Philadelphia, PA, commentator for Fox News. Donald J. Detweiler has Leadership Award at a spoke on understanding joined GreenbergTraurig, reception held recently copyright, trademark, and LLP, Wilmington, DE, office at the Pyramid Club in trade secret law as a faculty as a shareholder in the Philadelphia. She was member of the continuing reorganization and elected for the award for legal education seminar bankruptcy department. her outstanding contribu- entitled “Technology Law tion to the civic, business, in Pennsylvania:The and cultural betterment Fundamentals and More.” of the Greater Delaware Claire M. DeMatteis, Valley. She has raised over director of Stradley $4,000 in a special gifts Ronon’s Wilmington, DE, campaign for the chapter. office, was recently pre- sented with the Women’s William O. Krekstein, Leadership Award from Lisa Goldstein, President partner at Nelson Levine the Delaware State Bar of RainmakerTrainers, de Luca & Horst, LLC, was Association. DeMatteis recently spoke at the a featured speaker at the Gina Rubel, president was selected for this Hadassah Attorneys’ International Association of Furia Rubel award as a member of Council.The lunch and of Special Investigative Communications, Inc., the Delaware Bar whose along with Jeffrey B.

52 WIDENER LAW Albert, Esquire, of to a five-year term on the Jack Marino has joined 1997 McKissock & Hoffman, PC, Northeast Bergen County Rhoads & Sinon, LLP, in presented a two-hour CLE Utilities Authority for Harrisburg, PA. at the Bucks County Bar Bergen County, NJ. Association sponsored Ronald J. Reybitz was by the Women Lawyers’ Charles F. Gfeller has been named a “Rising Star” Committee on November promoted to partner at in the 2005 edition of 21, 2006.The program Edwards Angell Palmer Pennsylvania Super addressed “Tips and & Dodge where he is a Lawyers. Reybitz is cur- Tricks for MarketingYour member of the Insurance rently in-house counsel Joan M. Bergman has Law Firm Ethically and & Reinsurance Department. with PPL Corporation in joined the Greensboro, Effectively.” Rubel is an He practices primarily in Allentown, PA. NC, office of Nexsen Pruet attorney with 15 years of the areas of complex civil Adams Kleemeier and will integrated communica- and commercial litigation, Patrick J. Sweeney was work as an associate in tions experience. After products liability, and named to the Board of the firm’s real estate practicing law for several risk management. Gfeller Directors of DRI—The practice group. Previously, years, she now focuses on has tried cases in both Voice of the Defense Bar, Bergman practiced at a her passion for proactive, state and federal courts, a national organization of Greensboro law firm, integrated communication has argued before the more than 22,000 defense representing clients— for law firms and legal Connecticut Appellate trial lawyers and corporate primarily developers—in organizations. Rubel has Court, and has participated counsel. At the recent land acquisitions and developed and executed in arbitrations, mediations, annual meeting of DRI, construction of commer- integrated communications and other alternative dis- Sweeney, partner at the cial and multi-family plans for large and small pute resolution proceedings. Philadelphia office of residential sites. She has law firms and supervised the law firm Sweeney & experience in numerous crisis communications, Robert C. Trichilo has Sheehan, was named areas of real estate, risk management, and joined the law firm of Post Atlantic Regional Director including conducting due media relations for interna- & Post in its Berwyn, PA, of the nation’s largest civil diligence and title searches, tionally publicized death office and concentrates in defense bar organization. reviewing loan documents, penalty trials. She served the area of medical mal- As a member of DRI’s and drafting easements on a Supreme Court of practice defense litigation. Board of Directors, and closing statements. Pennsylvania Disciplinary Prior to joining Post & Sweeney will oversee Prior to that, Bergman Board Hearing Committee Post, Robert served as an programs for Delaware, worked at a large regional for six years, acting as the assistant district attorney New Jersey, NewYork, law firm in the products chairperson for three years. in both Luzerne and and Pennsylvania. liability practice group. Monroe counties. Sweeney practices in the She also has experience areas of transportation, in employment, corporate, 1995 premises liability, con- and . 1996 sumer protection, and Suzanne Spencer Abel has matters of general liability. opened a private practice. Eric R. Augustine has been His service record with She handles workers’ named an associate at DRI includes three years compensation and family Keefer Wood Allen & Rahal as state representative law cases in Cumberland where he will concentrate for Pennsylvania and vice and Dauphin counties, PA. his practice in civil litigation. chair of DRI’sTechnology Committee. Joseph M. Ariyan and his GeorgeT. Lees III Leslie K. Gross has been wife, Susan, welcomed has joined Rawle & named Director of Commu- their son, Joseph Leon, Henderson, LLP, as counsel nications in Saul Ewing’s on October 12, 2006. In in the firm’s Wilmington, marketing department. In August, Ariyan was named DE, office.

WIDENER LAW 53 Class Notes

this newly created position, Court of Common Pleas of and Pennsylvania Super 1999 Gross will oversee the Chester County. She has Lawyers Magazine— firm’s communications been an active member of Rising Stars 2006. Ninette Byelich-Jackson initiatives, including pub- the Chester County Bar and husband, Marc, lic relations, all marketing Association, where she announce the birth of materials, and the adver- chaired the Law Related their third child, a girl, tising campaign. Prior to Education Committee, and 1998 Keturah Elizabeth, on joining Saul Ewing, Gross served as a member of the John J. Flynn III recently Sept. 29, 2006. She joins was an attorney with the Board of Directors of the accepted a new position sister Abigail, who was Philadelphia firm of Fell Chester County Bar as the Executive Director born on Sept. 11, 2005, & Spalding, where she Foundation. of the Maryland Republican and 4-year-old brother concentrated her litigation Party in Annapolis, MD. Benjamin. practice in the areas of defamation, healthcare, Kara A. Kaczynski has professional malpractice, joined WolfBlock in the and employment. She also firm’s Roseland office. oversaw the firm’s market- Kaczynski, an associate ing efforts. Prior to her in the firm’s Real Estate legal career, Gross worked practice group, most in Comcast Corporation’s Jack Rosenbloom of the recently served as in-house marketing department, Jenkintown firm Semanoff counsel to the Kushner Randall Hurst has been where she focused on Ormsby Greenberg & Companies in Florham appointed to the Sewage marketing collateral, Torchia, LLC, has been Park, NJ. She previously Management andTreat- advertising, and public named a Pennsylvania was the lead Land-Use mentTask Force advisory relations. “Rising Star” by associate at Scarinci and committee.The task force, Pennsylvania Super Hollenbeck, LLC, in which serves as a legisla- Lawyers for the second Lyndhurst, NJ. tive advisory committee year in a row. Only 2.5 to the Joint Legislative percent of Pennsylvania Air and Water Pollution attorneys receive this Control and Conservation honor every year. “Rising Committee of the General Stars” are chosen by their Assembly, advises Maureen Mackay Nacey peers as being among the Pennsylvania lawmakers has joined the Chester top up-and-coming on pollution, conservation, County, PA, law firm lawyers in the state. and infrastructure issues. Gawthrop Greenwood. Amy Parsons and Robert Hurst is an associate with Nacey’s practice concen- John Sabatina was elected C. Fisher III ’06 were Mette, Evans & Woodside trates in domestic law, to the Pennsylvania House married on July 28, 2006. and focuses his practice in including divorce, equitable of Representatives, 174th Claudia Guglielmo ‘98 and the environmental law and distribution, property Legislative District, in Cari Weitzman Raymond land use area. Hurst holds settlement agreements, March of 2006 and sworn ‘98 were bridesmaids. a Master of Science in spousal support, child in during April 2006. Amy recently accepted Environmental Pollution custody, child support, and a new position with Control from Penn State, adoptions. Prior to joining Ellen B. Wilber, an asso- Schering-Plough in is certified by the Institute Gawthrop Greenwood, ciate in the firm Dickie, Kenilworth, NJ, and the of Professional Environ- Nacey was an associate McCamey & Chilcote, PC, couple purchased a new mental Practice as a senior in a private practice. She Philadelphia, PA, has home in Burlington, NJ. Qualified Environment previously served as law been named a “Rising Professional (QEP), and clerk to the Hon. Judge Star” for 2006 by Ari D. Weitzman joined holds a Class A-1 State James P. MacElree II of the Philadelphia Magazine Abom & Kutulakis in Wastewater Treatment Carlisle, PA. Plant operator’s license.

54 WIDENER LAW 2001 2002 Eugene DePasquale, a Democrat, took office in Bryan McQuillan has Teri Calloway, husband January as a member of become a partner in the Matt, and daughter Keely the Pennsylvania State firm of Mancke Wagner Clarke welcomed Kaitlin House of Representatives. Spreha & McQuillan. Janet Calloway on He represents theYork City- McQuillan is the former Aug. 1, 2006. based 95th State House Christopher A. Ward has Dauphin County chief District. Before running joined Klehr, Harrison, deputy public defender. Tabatha L. Castro of for office, he worked for Harvey, Branzburg & Ellers Rapposelli Castro and a variety of government as an associate. Ward Victoria K. Petrone Gonzales in Wilmington, institutions and elected concentrates his practice has joined Logan & DE, was honored on Oct. officials, including a in bankruptcy, reorgani- Associates, LLC, in 4, 2006, receiving the stint as legislative director zations, workouts and Wilmington, DE, as Wilmington Award.The for State Senator (now restructurings, and debtor- an associate. program acknowledges Congresswoman) Allyson in-possession financing. Wilmington citizens who Schwartz. He also served Mark Schiavo, an attorney exemplify excellence in as director of economic with Dilworth Paxson, LLP, areas such as the arts, development for the 2000 concentrates his practice athletics, business, com- City ofYork, as well as in the area of complex munity service, education, a deputy secretary for Elysa Bergenfeld has commercial litigation in faith, government, health the State Department of joined the law firm of the state and federal and science, heroism, Environmental Protection Stark & Stark as an courts of Pennsylvania and seniors, volunteerism, and under Governor Ed associate. New Jersey. He routinely human and/or civil rights. Rendell. He is a former represents clients in a chair of theYork County Lorraine Bohanske wide variety of litigation Geoffrey Christ and wife Democratic Party. Possanza has joined matters, including com- Debra welcomed their Sunstein Murphy & mercial breach of contract first child, son Owen, in Tanya Pino Jefferis has Associates, PC, in West claims and tort defense November of 2004, and returned to Prickett Jones Chester, PA, as an litigation. Schiavo resides their second child, a son, & Elliott, PA, to practice associate in the practice in Mt. Laurel, NJ. Spencer, in January. Christ with their litigation group. of health law. was just appointed by She focuses her practice Daniel W. Scialpi has Governor Minner to a on product & premises Michael T. Hollister entered the Army Judge three-year term on the liability and toxic tort. has joined Logan & Advocate General Corps Delaware State Board of Jefferis also practices Associates, LLC, in as a First Lieutenant. After Pharmacy as a professional corporate and business Wilmington, DE, as completion of training, he, member. In addition to his litigation. an associate. his wife Mervi, and their real estate practice, he is two sons, Erik and William, a practicing pharmacist in Christina (Maycen) will be stationed at Fort the Bethany Beach area. Thompson and her Hood, TX. husband Jim welcomed Shaun H. Day has accepted their daughter, Avery Chad Toms has joined the the position of assistant Juliana, on May 23, 2006. firm of Bifferato Gentilotti general counsel with RL Christina is an associate in Biden & Balick, Corporation, an accounting the Business Law Group at Wilmington, DE. and financial consulting Leda Pojman is working Connolly Bove Lodge & company in West as an assistant attorney Hutz LLP in Wilmington, DE. Chester, PA. general in the Wyoming Attorney General’s office, Criminal Division, Appellate Section.

WIDENER LAW 55 Class Notes

Nancy Lewis, who serves Lori E. Hood has joined Jennifer Stonerod has as an attorney with the Drinker Biddle & Reath, joined Parker McCay’s Judge Advocate General LLP in Philadelphia, PA, Medical Malpractice Group Corps, was the official as an associate in the in Marlton, NJ, as an Army escort for the United environmental law practice associate. Stonerod will States Supreme Court at group of the firm’s litigation concentrate her practice the funeral of former department. in the area of medical Scott W. Reid, an associate President Gerald R. Ford. malpractice. Prior to with Cozen O’Connor, was Abbegael M. Pacuska has joining Parker McCay, recently elected president- joined the Pennsylvania Ms. Stonerod served as elect of the Barristers’ Office of Attorney General law clerk to the Honorable Association of Philadelphia. 2004 recently in the litigation Michael J. Hogan, in the Suzanne N. Canning has section based in Harrisburg. Superior Court of New joined the Associate Chief Pacuska practiced in a Jersey, Burlington County, 2003 Counsel’s Office of U.S. private law firm until Civil Division. She also Customs and Border her recent appointment. served as a clerk in the Robert J. Foley Jr., an Protection as in-house She is a member of the Division of Law in the associate with the Foley counsel under the PennsylvaniaTrial Lawyers Office of the New Jersey Law Firm since December Department of Homeland Association and serves on Attorney General. 2003, appeared in the Security. the Board of Directors for Pennsylvania Super Heinz-Menaker Senior Jay C. Whittle has opened Lawyers 2006, Rising Harrison E. Cherney was Center. a solo practice and Stars Edition. In addition named chief operating specializes in immigration to his legal work, Foley officer of 1st Republic Michelle L. Sommer has and naturalization. sits on the Board of Mortgage Bankers, a joined Abom & Kutulakis Directors of the national mortgage bank in Carlisle, PA. Lackawanna County with its headquarters Bar Association,Young located in Floral Park, NY. 2006 Lawyers Division. Cherney is also a member 2005 Robert C. Fisher III of the board of directors married Amy Parsons ‘98 Robert King received the of Global Group Holdings, Thomas D. Bielli has on July 28, 2006. Master of Laws (LLM) Inc., and the Little Peoples joined Harvey, Pennington degree inTrial Advocacy, Children’sTheater of Ltd. in Philadelphia, PA. John R. Logan of with Honors, fromTemple New York. Susquehanna Township, University in Philadelphia Seth N. Boer has joined PA, has been appointed in recent ceremonies. King Tim Daly, appointed by the District Attorney’s vice president and general was selected by his fellow the Borough Council of Office in Berks County, PA, counsel ofThe Vartan trial attorneys in the Phoenixville, PA, to the as an assistant district Group Inc. program as “Best Oral planning commission attorney. Advocate.” King focuses last July, recently accepted his practice on litigation a new appointment as Tricia Cruz is an assistant and healthcare law. He member of Council from public defender for Adams Deceased also serves as a national the middle ward. He and County, PA, and she 1981 Nancy E. Davitt mediator and arbitrator his wife have two children resides in Gettysburg. for the American Health and have resided in the 1985 Patricia Jeanne Lawyers Association in borough for four years. James G. Lare has Chalfont Washington, D.C. joined Cozen O’Connor’s Philadelphia office as an associate, practicing in the firm’s general litigation department.

56 WIDENER LAW Widener Law Fund Join your fellow alumni—give today!

100 percent of Widener Law Alumni at Young Conaway Stargatt & Taylor give to the Widener Law Fund! Dean Linda L. Ammons congratulated Widener Law Alumni at a reception to celebrate five consecutive years of 100-percent participation by Widener Law graduates and to thank Administrative Partner Richard Levine for the firm’s sponsorship of a Public Interest Student Fellowship. Twenty-two Widener Law alumni are employed at Young Conaway. Gifts to the Widener Law Fund expand financial aid, enhance student programs, support clinics, improve library resources and services, and allow the school to attract and retain a world class faculty.

(Left to right, first row) Linda Ammons, Richard Levine, Lisa Goodman ’94, Patricia A. Widdoss ’98, Jennifer Noel ’00, student fellow Megan Kneisel, Michael W. McDermott ’03; (left to right, second row) Edwin Harron ’95, Richard DiLiberto ’86, Eugene DiPrinzio ’80,Timothy Snyder ’81, Scott Holt ’95, and Monte Squire ’05.

GIVETODAYTOTHEWIDENERLAWFUND

By phone: 301-477-2172 By mail: Widener University School of Law Office of Development/Alumni Relations P.O. Box 7474 Wilmington, DE 19803-0474 Online: www.law.widener.edu/giving Calendar

JUNE 2007 4 Widener Law Alumni Reception, Scranton 14 Widener Women’s Network Event, Philadelphia

AUGUST 2007 4 Widener Alumni Night at Harrisburg Senators Baseball Game

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