et al.: Penn Law Journal: Big Ideas PENN LAW JOURNAL Vol. 51, N o. 2
FALL
2016 Journal
FALL Penn Law 2016 BIG IDEAS BIG
THE FACULTY ISSUE From copyright to marriage, Penn Law scholars are rethinking accepted doctrine and broadening our understanding of the law.
Published by Penn Law: Legal Scholarship Repository, 2016 1 1 Penn Law Journal, Vol. 51, Iss. 2 [2016], Art. 1 Penn LawJournal
EDITOR Larry Teitelbaum
DESIGN Landesberg Design
CONTRIBUTING WRITERS Lindsay Podraza Fredda Sacharow
PHOTOGRAPHY Charles Shan Cerrone Max S. Gerber Erica Lansner Colin Lenton Darryl Moran
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https://scholarship.law.upenn.edu/plj/vol51/iss2/1COVER ILLUSTRATION: ANDREW COLIN BECK 2 et al.: Penn Law Journal: Big Ideas
Josiah DuBois at the time of his graduation from Penn Law (left) and later, with his wife Dorothy (right).
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DEPARTMENTS
Letters 02 #PennLaw 03 18 26 30 34 At Issue 04 In Session 06 Big Ideas The Lesnick Righteous Fighting Over Precedent 38 Copyright. Marriage. Legacy Free Speech Indignation Fine Print 40 Contracts. Workplace. Howard Lesnick Free speech is under Undoubtedly, you’ve In Memoriam Disparate subjects, taught fifty years at assault on college never heard of 52 to be sure. But in Penn Law School campuses. Last Josiah E. DuBois Jr. Adjourned 64 each case, Penn Law before calling it a day, spring Penn became C’31, L’34. But he was faculty are providing continually reminding ensnared in the a hero who saved fresh insights into young lawyers about conflict over who scores of Jews during how the law works their obligations to can speak and on World War II by or should work. the profession and what subject. standing up to to society. FDR’s government.
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You will also read about the work of legal historians Sophia Lee and Serena Mayeri, each of whom offer correctives to accepted wisdom on, respectively, constitutional law in the workplace and the legal benefits of marriage. Professor Lee traces the surprising history that led to a lack of constitutional protections for most American workers. Professor Mayeri describes the evolution of marriage and ponders how the institution retains its legal supremacy in an era of feminism and same-sex marriage. Finally, you will read about the work of Tess Wilkinson-Ryan L’05, a product of Penn Law’s unique cross-disciplinary program. Professor ONE OF THE PRIVILEGES OF BEING DEAN IS Wilkinson-Ryan draws on economic analysis, the opportunity to broadcast the path-breaking empirical legal studies, and experimental psychology, scholarship of our faculty. One such opportunity among other methodologies, to analyze how presents itself in the Fall Penn Law Journal. ordinary people view their contractual obligations. The issue you hold in your hands features the While we celebrate the work of these scholars, work of four scholars who have joined the faculty we must also acknowledge the retirement of one within the last decade. Each carries on the tradition of the “greats,” Howard Lesnick. Afterfift y years of innovation to which we’ve become accustomed at at Penn Law, Howard joins our distinguished roster Penn Law. They employ a range of methodologies — of emeritus faculty. We pay tribute to Howard from historical analysis to experimental psychology in this issue, noting his seminal involvement in — to shed new and important light on pressing the establishment of our public service program, Oissues in the law, all the while bridging different among so many other achievements. His impact disciplines into a coherent whole, reflecting the will be felt for years to come. guiding philosophy of our school. And all are master teachers who bring their particular insights into the classroom for the benefit of our students. Sincerely, In these pages you will read about the work of Shyam Balganesh, who proposes fundamental reforms to copyright law which include a restoration of the courts as the body of authority in making laws Theodore Ruger that govern infringement and creative enterprise. Dean and Bernard G. Segal Professor of Law
https://scholarship.law.upenn.edu/plj/vol51/iss2/12 PENN LAW JOURNAL FALL 2016 4 et al.: Penn Law Journal: Big Ideas “A career uplifting others and #PENNLAW fighting for their rights is not just a goal for me, but also a personal obligation and this fellowship allows me to continue fulfilling this responsibility.”
How can we be sure new insights in neuroscience are used in responsible ways? @PennLaw’s Stephen Morse weighs in. http://bit.ly/2e3F7Td
A new three-year study from @pennlawctic will compare antitrust law in China, Europe, and the U.S. http://bit.ly/2eOlGik
A @PennLaw Natasha Arnpriester L’16 fellowship is uses Chubb Rule of Law taking Sarah Kuper fellowship to fight for LLM’16 to a new the rights of refugees. opportunity with http://bit.ly/2cU99Xh the @UN Security Council @NZUN. http://bit.ly/ 2eOjjw2 Download the tablet edition of Penn Law Journal in the App Store.
New research from @PennLaw’s Deepa Das Acevedo proposes “Shadow 401(k)s” to help workers save for retirement. http://bit.ly/2eioPDF
Wall Street has @LendingClub’s founder under scrutiny. @PennLaw’s Jill Fisch weighs in @markets. http:// bloom.bg/2dMpxs1
FOLLOW @PENNLAW ON TWITTER FOR MORE
Published by Penn Law: Legal Scholarship Repository, 2016 3 5 Penn Law Journal, Vol. 51, Iss. 2 [2016], Art. 1 AT ISSUE A Call to Update Provisions for Vaccine Injury Compensation By Susan Lee L’95
AS A PREVENTIVE HEALTH MEASURE FOR THE UPCOMING WINTER MONTHS, the Centers for Disease Control and Prevention (CDC) recommends getting the influenza vaccine. Imagine after receiving an influenza vaccine, you immediately experience searing pain in your shoulder. Unable to lift your arm, a doctor diagnoses you with deltoid bursitis or shoulder injury related to vaccine administration (SIRVA). For over six months, you experience this pain and are unable to perform daily living activities like getting dressed and driving without assistance. In the United States, vaccine injury compensation is available under the National Childhood Vaccine Injury Act (Vaccine Act). Congress proposed this legislation thirty years ago, yet most individuals I have encountered, including physicians and attorneys, have never heard of the Vaccine Act. The United States Department of Health and Human Services (HHS) administers the vaccine injury compensation program. Within HHS is the CDC, the government agency responsible for approving and regulating vaccines. If you do decide to file a vaccine injury claim in the U.S. Court of Federal Claims the respondent is HHS who is legally represented by Department of Justice attorneys in the proceedings. The Vaccine Act removed vaccine manufacturers as parties to the proceedings. Originally, the purpose of the Vaccine Act was to avoid time-consuming and costly litigation. The proceedings are conducted in a non-traditional legal setting with a unique set of legal rules. Unlike other personal injury lawsuits, special masters preside over the “administrative” proceedings where there are no juries. Additionally, the Federal Rules of Civil Procedure and Federal Rules of Evidence do not apply. In addition to SIRVA, HHS lists other compensable vaccine injuries as Guillain-Barré Syndrome (GBS), transverse myelitis, brachial neuritis, acute disseminated
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encephalomyelitis, chronic inflammatory potential claimants miss out on receiving demyelinating polyneuropathy, arthritis, possible damages for their injuries. idiopathic thrombocytopenic purpura, Lastly, I would recommend an increase myalgia, encephalopathy, hearing loss, in the pain and suffering amount. The optic neuritis, anaphylaxis, shingles, cap on pain and suffering is $250,000, systemic lupus erythematosus and other and this amount has not changed since autoimmune and neurological disorders. the effective date of the Vaccine Act on In 2010, special masters presided over October 1, 1988. approximately 434 filed cases in the These three recommendations are calendar year. Last year the approximate no-brainers especially because vaccine number of filed cases rose to 945. Because injury compensation is supposed of the high volume and increasing to be just, and Congress wished to number of filed vaccine injury claims the error on the side of generosity when office of the special masters (OSM) created creating the Vaccine Act. Until the a special processing unit (SPU) in July 2014. creation of the special processing unit, The SPU is a type of alternative dispute petitioners experienced claims dragging resolution tool. Currently, there are eight on for years that were contentious special masters, and their dockets are with an undesirable outcome of parsi- overloaded. In May 2016, the OSM antic- monious compensation awards, if any ipated 1,200 cases for 2016. As of March amount at all. 31, 2016, in the SPU the approximate Although the creation of the SPU has breakdown of cases was: 63% for SIRVA; resulted in compensation for 94% of the 27% for GBS; 4% for brachial neuritis; and claims, vaccine injury compensation can 2% for intussusception. As of August 1, be an arduous process. While SPU cases 2016, the OSM awarded $172,507,137.63 to usually involve the influenza vaccine not 535 claimants under the program. all claims fall under the SPU because the With the rising number of vaccine Vaccine Act covers other vaccines. For injury claims, my first recommendation non-SPU cases, the proceedings resemble is to increase the number of special personal injury litigation but without masters from eight to sixteen. It is an the typical court rules, defendant, judge easy solution for eight inundated dockets. and jury. As a result, I have provided I am confident the government can three steps in the right direction. Change budget for more special masters from for this program is long overdue. The the approximately $3.4 billion in the only way to make these changes is to get vaccine injury compensation fund. Congress to amend the Vaccine Act. My second recommendation is to I urge you to educate yourself about this extend the statue of limitations. unknown program and get in frequent The current statute of limitations is three contact with your Congressional represen- years from the date of injury. This time tative. Advocate for a more just program frame is too short. Long-term effects so that it does what it was originally of vaccination on the body remain designed to do — get money quickly and unknown. It is an area bereft of knowl- easily to those who are suffering from edge. Lacking scientific knowledge and vaccine injuries. ignorant of rights afforded to vaccine Susan Lee is a consultant to Focus for Health. recipients under the Vaccine Act, too www.focusforhealth.org often, the statute of limitation expires so
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IN SESSNEWS & EVENTS ION PHOTO: PABLO MARTINEZ MONSIVAIS / ASSOCIATED PRESS ASSOCIATED / MONSIVAIS MARTINEZ PABLO PHOTO:
NAACP President Counsels Young Lawyers to Use Moral Imagination in Their Work
The speech had the rhythm and cadence of a fiery preacher’s sermon. “It was powerful and very resound- ing,” said Allanté Keels C’13, L’16, last year’s president of Penn Law’s Black Law Student Association (BLSA). “It felt like he took us to church.” Cornell William Brooks, pres- ident and CEO of the National Association for the Advancement of Colored People (NAACP), capped Penn Law’s Black Law Student Association’s Sadie T.M. Alexander Commemorative Conference in February with his keynote address. Brooks, a fourth-generation minister in the African Methodist Episcopal Church, used some of the same rhetorical devices heard in Martin Luther King, Jr.’s “I Have a Dream” speech, but he addressed https://scholarship.law.upenn.edu/plj/vol51/iss2/16 PENN LAW JOURNAL FALL 2016 8 et al.: Penn Law Journal: Big Ideas
WE HAVE TO THINK “OUTSIDE THE BOX, AND YES, WE HAVE TO WORK the possibilities — and pitfalls — of the Fourteenth Amendment. WITH FOLKS WHO ARE He talked about the importance of coming together to protect Amer- icans’ rights. OUTSIDE OF OUR LAW “In no uncertain terms can we keep police officers safe and not FIRMS, AND OUTSIDE OF keep the communities they police safe as well,” he said. “These two OUR PUBLIC INTEREST things not only go together: One is necessary for the other.” Brooks, a Yale Law graduate, ORGANIZATIONS.” called on lawyers to be brave in a CORNELL WILLIAM BROOKS President and CEO of the NAACP way that goes beyond having an unpopular opinion. “We need lawyers with an expan- sive moral and legal imagination,” he said. “We have to use statutory Ashley Walters L’17 and Esther Clovis and Research, among others, to tools, constitutional vehicles, we L’17, to have Brooks at the conference. earn a place in the World Champi- have to engage in regulatory reform, “It was a privilege to have someone onship Round against Argentina’s we have to engage in best-practice of his stature — the president and Universidad de Buenos Aires, which reform, we have to bring people CEO of the NAACP — to be able defeated Penn Law. together. We have to think outside to deliver that address,” Keels said, The Jessup competition presents the box, and yes, we have to work “especially given the context that we’re a dispute between two fictitious with folks who are outside of our honoring someone with another countries that raises pressing issues law firms, and outside of our public powerful legacy, Sadie Alexander.” in international law. This year’s interest organizations.” dispute, titled “The Frost Files,” He recalled the accomplish- Penn Law’s concerned mass surveillance and ments of Sadie Alexander ED’18, International Moot Court cyber-attacks. GR’21, L’27, the conference’s name- Team Truly World Class Penn Law’s oralists argued the sake. Alexander was America’s first World Championship Round before black woman to receive a PhD in Penn Law’s Phillip C. Jessup Inter- judges from the International Court economics and was Penn Law’s national Law Moot Court Team of Justice, hundreds of spectators in first female black graduate. is the best in the United States. attendance, and thousands watching “When we read about her life, In April, the Law School team from around the world on livestream. and the grace of yesteryear,” Brooks participated in an international The team consisted of Bethan said, “we have to ask ourselves this competition in Washington, D.C., Jones L’16, Adria Moshe L’16, question: If our forebears, if our making the championship round. Alexander Bedrosyan L’16, Leo Park foremothers and forefathers, did Over 550 teams from all over the L’17, Camilla Ihenetu L’17, Laura all they did with what little they had, world participated in the Jessup Harrison L’18, and Tracy Corbett why, why, why can’t we do more with competition, during which Penn Law L’18, and was coached by Professor all we’ve been given?” defeated several traditional favorites, Bill Burke-White and lecturer Keels said it was a thrill for such as NYU, Columbia, and India’s Alka Pradhan. him and the conference co-chairs, National Academy of Legal Studies
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Novel JD/MD Degree Will Prepare Students for Hybrid Careers
A new collaboration between Penn Law School and the University’s Perelman School of Medicine will enable students pursuing careers at the intersection of law and medicine to earn a joint JD/MD degree. “Through this new program, stu- dents will have the opportunity to attend two world-renowned schools at the forefront of research, teach- ing, and practice in their respective fields,” said Ted Ruger, Dean of the Law School and Bernard G. Segal Professor of Law. “The law With all the legal issues, there’s more touches every aspect of society, to the practice of and for students, having degrees medicine today than in both law and medicine is both stethoscopes and surgical masks. highly beneficial to one’s career as well as to society, and a wholly unique advantage.” “Having a knowledge of the law is, increasingly, an integral part of being both a physician and a biomedical research scientist, and these fields will benefit from professionals with in-depth, hybrid expertise,” said matriculate in both schools. They as well. The Master in Law (ML) J. Larry Jameson, MD, PhD, Dean of would spend the first two years at program provides professionals the Perelman School of Medicine the medical school, the second two with a fundamental legal skillset and and Robert G. Dunlop Professor of years studying law, the fifth year at features a specific health law track Medicine. “The JD/MD program the law school while also taking for medical professionals. will empower health professionals medical courses, and the sixth year Cross-disciplinary study is a to effectively address the emerging solely at the medical school. longstanding hallmark of the curric- legal issues that accompany topics The new JD/MD degree joins a ulum in both schools’ curriculums. ranging from patient confidentiality roster of joint-degree and certif- Seventy-five percent of law students in the era of big data and electronic icate programs focusing on law and 65 percent of medical students medical records to patenting and and health. The JD/MBE program at Penn already graduate with a joint commercialization processes for allows students to earn a law degree degree or certificate. This exciting new discoveries.” from Penn Law and a Masters of new partnership solidifies a program The new program will be initi- Bioethics from the Medical School, successfully completed on an ad hoc ated in the 2017–18 academic year. and many medical students also basis by several talented students Candidates for the program would pursue master’s degrees in Bioethics, in the past.
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Two New Faculty Members worked from 1995–1996 at the The Penn Integrates Knowledge International Monetary Fund and program was launched by President Beth Simmons, a world-renowned previously taught at the University Gutmann in 2005 as a university-wide authority on international rela- of California-Berkeley and Duke initiative to recruit exceptional fac- tions and human rights at Harvard University. She earned a PhD and ulty members whose research and University, has been appointed MA in Government from Harvard teaching exemplify the integration Penn’s eighteenth Penn Integrates University, an MA in International of knowledge across disciplines and Knowledge University Professor. Relations from the University of who are appointed in at least two Simmons is the Andrea Mitchell Chicago, and a BA summa cum laude Schools at Penn. University Professor, with joint in political science and philosophy Also joining the faculty is prom- faculty appointments in the Law from the University of Redlands. ising young scholar Ryan Doerfler, School and the Department of Polit- “It is tremendously exciting to who holds a JD from Harvard Law ical Science in the School of Arts welcome to Penn one of the world’s School and a PhD in philosophy and Sciences. leading scholars of global affairs and from Harvard University. He was At Harvard, Simmons was human rights,” said Penn Provost previously a Bigelow Fellow at the Clarence Dillon Professor of Vincent Price. “Beth Simmons brings University of Chicago Law School International Affairs and served to us deep scholarly expertise and and a clerk for the Hon. Sandra L. from 2006–2013 as director of the global engagement across multiple Lynch for the U.S. Court of Appeals Weatherhead Center for Interna- disciplines. She is certain to be an for the First Circuit. His scholarship tional Affairs. A member of the extraordinary catalyst for the Perry focuses on questions of statutory and National Academy of Sciences and World House, for Penn’s engagement constitutional interpretation, draw- the American Academy of Arts and around the world, and for our vibrant ing from his studies in philosophy. Sciences, she is former president of intellectual life here on campus.” the International Studies Associa- tion and author of two landmark books: Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge University Press, 2009) and Who Adjusts? Domestic Sources of Foreign Economic Policy During the Interwar Years, 1924–1939 (Princeton University Press, 1994). Both books IT IS TREMENDOUSLY won the Woodrow Wilson Award of the American Political Science EXCITING TO WELCOME TO Association as the best book of “ the year published in the United States on government, politics, PENN ONE OF THE WORLD’S or international affairs, as well as additional major awards from the LEADING SCHOLARS OF International Studies Association, the International Social Science GLOBAL AFFAIRS AND Council, and the American Society for International Law. A co-editor of seven books and HUMAN RIGHTS.” VINCENT PRICE author of dozens of influential arti- Provost, Steven H. Chaffee Professor of Communication cles and book chapters, Simmons and Professor of Political Science
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DISCOVERY Penn LawJournal,Vol.51,Iss.2[2016],Art.1 14 et al.: Penn Law Journal: Big Ideas NEWS & EVENTS
From the NFL to a JD/MBA
IN RECENT YEARS Todd Mortensen L’12, WG’12, What don’t people know about the NFL? a corporate attorney at Sullivan & Cromwell, How incredibly intelligent all of the athletes are. has advised the Los Angeles Dodgers on their And they’re not only intelligent in terms of their bankruptcy and subsequent sale to a group smarts and their ability to memorize a playbook led by Los Angeles Laker legend Magic Johnson. and understand each of their responsibilities It was an interesting experience for him, given on 90 different plays against 5 different defenses. that he was not that far removed from an But guys have an innate sense of spatial athletic career himself — Mortensen played in intelligence and motion intelligence and they the NFL for four seasons, most memorably as can sense things physically in a way that is a member of the 2006 New England Patriots. just really incredible. When Mortensen left the field of play in 2007, What has been the value of the JD/MBA he returned to his original program to you? post-college plan to Having a dual degree instantly differentiates you attend graduate school. from your peers. You can approach problems from He enrolled in the JD/MBA a business perspective. What are the underlying program at Penn Law and economics, what is the strategy, what are the Wharton and used the dual financial and accounting metrics used to manage degree as a springboard the outcome. But you can also turn around and to work as an investment put on your lawyer hat. What are the key issues banker, in the investment to be analyzed, what are the legal ramifications management industry, if we structure the business or the transaction and now as a lawyer. or approach the legislation (in a particular way). How can we protect the entity that we’re working What did you learn as a member of the New England for from legal challenges or lawsuits or Patriots, a team led by perfectionists such as head potential liability. coach Bill Belichick and quarterback Tom Brady?
No matter how much talent you have there are I understand you are an accomplished pianist still no shortcuts; you have to be able to perfect and composer. Tell me about that. your craft and work very diligently at it and train I was a product of my upbringing. My dad and practice and establish good relationships (Fred Mortensen) was a quarterback (for the with your teammates. These same principles apply Denver Broncos and in the USFL) and my mother whether you’re in a graduate school program, was a piano teacher. So growing up I always working at a large company, your own startup, had to do my piano practice before I could go or in a law firm. out and play. I kept with it long enough that in high school I joined a jazz band and I started composing at that time.
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THE LAWS THAT WERE No Glitz Just Brass Tacks WRITTEN ARE BEING in New Entertainment “ Law Class REWRITTEN, AND THERE ARE It’s easy to dismiss the glitz of SO MANY AREAS OF GRAY… Hollywood and the banality of celebrities’ social media accounts as frivolous fluff. BECAUSE OF THE ADVANCES But the entertainment industry has a lot more depth — and oppor- IN TECHNOLOGY AND tunity — than some give it credit for, says Jonathan Seiden L’01: It DIGITAL DISTRIBUTION.” accounts for 6.5 percent of the U.S. JONATHAN SEIDEN L’01 GDP and employs six million people. Lecturer in Law “At the end of the day, this is one of our biggest exports, and I think that’s why a proper view of the law surrounding the industry would be A Pitch for Lawyers to when large firms and companies are an interesting class,” he said. Get Right with Technology trying to reduce legal costs. That’s why he’s teaching a new To that end, Flaherty launched class in entertainment law this fall at No matter your law practice, Legal Tech Audit in February 2015, the Law School. The entertainment chances are you’re going to have and it has drawn interest, The law expert is teaching in large part to do some nitty gritty detail work Washington Post noted, from several because he wants to give back to on your computers at some point. Fortune 500 companies and Big his alma mater. And it can be a real pain if you don’t Law firms. “I feel very loyal to the school that know what you’re doing. Flaherty’s main message to the gave me a profession that I’m happy Take, for example, renumber- audience was this: Don’t underesti- to go to work to every day,” he said. ing sections in a lease agreement, mate the value of technical training. His curriculum draws from a tedious operation courtesy of “People hate going to training,” the best aspects of his law school Microsoft Word. he said. “They hate it, they hate it, experience and real-life know-how. “It’s miserable work,” said Casey they hate it. It’s hard to convince He’s covering areas such as negoti- Flaherty, a lawyer-turned-entre- people of training value.” ating endorsement deals, analyses preneur who participated in Penn That said, Flaherty’s training of music, television, film and music Law’s Center on Professionalism’s test is showing that the ability to festival agreements and provisions, Capstone Presentation in the spring. master the minutiae of technology and current entertainment litiga- Flaherty developed a test for — everything from track changes tion and its ramifications for IP lawyers that teaches them how to to functions such as find and and contract law. He also plans to best employ the everyday technol- replace — correlate with career suc- bring in some industry insiders as ogy they use to do their jobs. The cess. The highest-rated partners are guest speakers. results of the test are submitted to the ones who have scored the best Seiden started his law career employers so they can see if further on the test, he said. at Skadden, where he was part of training is required. If there isn’t training available at the Intellectual Property and Tech- The idea is that more efficiency your office, Flaherty recommended nology Group from October 2001 in performing mundane tasks can starting with some simple YouTube to March 2006. Then he became translate to higher profits, a very and Google searches. “There is,” he in-house counsel at CKX, Inc. (now important consideration at a time said, “so much training available.” Core Media Group), which owns
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the intellectual property assets to for the Muhammad Ali Center and “You have to be the accountant, the American Idol franchise and was the Ali Parkinson Center, which you have to be the lawyer, you have the prior owner of the Elvis Presley included charity events with David to be the business development guy, Estate and Muhammad Ali’s intel- Beckham and other sports and the business affairs guy, you have to lectual property rights. entertainment luminaries. be the tax consultant, you have to be There, he helped manage the Most recently, Seiden spent all those things, and sometimes the celebrity brands, which included a almost a year and a half as head of immigration consultant,” he said. stint working with Cirque du Soleil business affairs for SFX Entertain- “Everything pops up, and they expect on an Elvis-themed show in Las ment, a live-events conglomerate you to know everything.” Vegas as well as many other projects that produces some of the biggest Now is a great time to be learning ranging from album releases to music events around the globe, about entertainment law, Seiden said, stage shows to product licensing. and in July joined WME-IMG (a because the industry is exploding He also counseled finalAmerican Idol merger of famed Hollywood agency and constantly evolving. contestants on the various contracts William Morris with sports and “The laws that were written are that they would be required to sign fashion conglomerate IMG) as legal being rewritten, and there are so if they competed in the show, often counsel where he is working on many areas of gray just because negotiating with the top music law- both owned assets such as the Miss of the advances in technology and yers in the country. Seiden’s work for Universe Pageant as well as its litany digital distribution” he said. “That’s the show also involved agreements of celebrities and brand for which the fun part — asking questions that with sponsors, live summer tours it provides representation services. haven’t been answered yet.” and foreign spin-offs of the show. Entertainment law, Seiden noted, In 2012, Seiden traveled with involves the gamut of legal knowl- Muhammad Ali and his wife to the edge, from intellectual property to London Olympics to raise awareness torts to contracts.
Is government broken? Kasim Reed, the dynamic young mayor of Atlanta, responded to that question at a Penn Law conference last March. He said it depends on the form of government. The federal government often fails to rise to challenges and because of that is viewed unfavorably by the public. On the other hand, he said, city government does a much better job of delivering services and responding to the needs of constituents. “The cities are it,” Reed said. The conference was a product of The Model Government and Public Affairs Initiative.
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“It’s 100percentvolunteer,” hesaid. Latino district located about seven miles east of downtown Los Angeles. Angeles. Los mileseastofdowntown locatedaboutseven district Latino enrolledin college,accordingHispanic students totheNational Center high schools in theMontebello Unified School a largely District, for Education Statistics, so Clement’sfor so Education Statistics, madequite program astatement. ready for achange. relationshipsmentors, managing withschool leadership district and Clement handlespracticallyeverything high-achieving students low-income thattargeted mentoring program went to college. By comparison, in 2014, just 34.7 percent of American percentofAmerican just 34.7 in 2014, went tocollege.Bycomparison, among other tasks. among other SAT arranging partners, other college. Twoandahalfyearslater, participants 81percentofprogram of colorwhowerepredominantly thefirst in their familiestogo IN 2008, “I’m basicallyit,” Clementsaid. hedoesn’t And getpaidacentfor it. Back in 2008, Clement, a longtime Los Angeles trial Los lawyer, alongtime was Clement, Back in 2008, Today, for BoundToday College theshow heruns in all five Dan ClementL’74
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Dan Clement L’74 are Latino, and 80 percent of whom are living below the with participants federal poverty level, according to Clement. in the College Bound Today Students attend monthly Saturday morning meetings with program, all 11th their mentor team, make numerous college visits and take graders at Bell a free SAT prep course. But what really accounts for the pro- Gardens High School. Pictured gram’s success is its team-mentoring design: each 10-student (from left to right) group contains high and low achievers and is assigned three are Estephanie mentors, so there is both peer and adult help available. Garcia, Fernando Rios, Clement, In the program’s pilot year, College Bound Today Anali Cabrera opened its doors at one high school with 74 10th grade and Hunter Rios. students and 30 mentors. Two and a half years later, 60 of these students went to college, including Harvard, Stanford, UC Berkeley, UCLA and Mount St. Mary’s, while one enrolled in a post-secondary school certificate program (and now does video work for Disney). The program gradually expanded into other high schools in the district, and last June, College Bound Today welcomed the district’s fifth school to the fold. Since the program’s inception, 745 of the 750 students who have completed College Bound Today have gone on to college. In 2015, College Bound Today won the Golden Bell Award, a statewide recognition from the California School Boards Association that showcases educational programs that are innovative, can demonstrate success through statistical proof, and can be replicated in other school districts. Expanding the program would be possible but not easy, Clement said. A step toward eventual expansion, he said, would
PHOTO: MAX S. GERBER involve having a professional program evaluation done. He’s now the one running the show, as Clark has substantially decreased his involvement. In 2014, Clement struck a 5-year deal with the school district which agreed to assign two district employees to work with him as program staff through 2019. “After 31 years, I decided that this has been a really A handful of foundations have given College Bound Today wonderful career, and while I still had some gas left in the solid support over the years he said, but he wishes he had tank, I wanted to get involved with nonprofit work,” he said. more time to get more funding and recruit more mentors. He landed as a volunteer staff member at Community “I’d like to be in a position to … hire a person to do what Partners, an umbrella-like nonprofit that helps startup I’m doing,” he said. “I’m in my mid-60s, I’m not going to last nonprofit projects in the L.A. area succeed. forever, and I want this program to outlast me.” Clement spent his first few months there learning about Still, Clement says he enjoys the work and is thrilled to different projects and reviewing applications from people have co-founded a nonprofit organization that enables him to who wanted to start projects through Community Partners. accomplish what he set out to do in finding a meaningful way One of those applications was submitted by Todd Clark, to help others. And this school year, something special has a man who had spent his career in the educational happened that Clement never imagined happening when the nonprofit sector and wanted to start a program called program began in 2008. College Bound Today. “We now have our own alumni students who have “Todd told me about this mentoring program he had graduated from college, moved back to their communities, designed, and I said, ‘If you’re serious, I’d love to help you and have recently started serving as College Bound Today build that program,’” Clement said. “So that’s what happened.” mentors at their high school alma maters where they’re The Montebello Unified School District has an enrollment helping younger students follow in their footsteps to college,” of approximately 28,000 K-12 students, 93 percent of whom he said. “That moves me deeply. It doesn’t get any better.”
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From copyright to marriage, Penn Law scholars are rethinking accepted doctrine and broadening our understanding of the law. By Lindsay Podraza and Larry Teitelbaum https://scholarship.law.upenn.edu/plj/vol51/iss2/1 20 et al.: Penn Law Journal: Big Ideas
MORE CREATIVITY IS BETTER said Balganesh, “and they should do this by relying than less.” Who can argue with on the knowledge that they have from a variety of that? Not Shyam Balganesh, other areas, that they have developed and controlled who voiced those words for ages now, such as tort law, contract law, the law during an interview in which of unjust enrichment and property law, all areas he issued a passionate call for where courts have been the primary gatekeepers, so fundamental reforms to the to speak, of the area.” U.S. copyright system. Balganesh recognizes the heavy lift. While the Balganesh, a member of federal judiciary, he noted, is better equipped to sort the Penn Law faculty since through the complexity of copyright law, it must be 2009, has been talking and willing to take back its law-making power. And Congress writing about the shortcom- in turn must agree to relinquish a good amount of its ings of that system over the law-making authority. last several years, criticizing a Balganesh began to think about what it takes to 01 one-size-fits-all legal regime encourage innovation at the ripe age of 15. In the HOW TO SOLVE THE that he argues constrains the mid-1990s he found himself sitting around his COPYRIGHT CONUNDRUM dynamism and diversity of parents’ dinner table listening to and participating creativity and ultimately the in discussions about India’s entry into the World overall public good. Trade Organization, and what it might mean for the Balganesh suggests a copyright system that accom- country’s economic development to have stronger modates different rules for different forms of creativity. intellectual property laws. “Struggling individual artists, literary novelists, software Years later he’s become an expert in property law, programmers, and Hollywood studios do not all intellectual property, patent think and act alike when they create. And yet, current law and law and technology, copyright law assumes that they do — and should!” in addition to copyright In other words, Balganesh proposes what he calls law. He is co-author on a Shyamkrishna Balganesh a “more nuanced and context-sensitive doctrinal few important sections Professor of Law mechanism” that balances the needs of creators, users, of the leading treatise on litigants, on a case-by-case basis. the subject of copyright How to get there is the hard part. As Balganesh law: Nimmer on Copyright. relates, stagnation set in when Congress took over Last year, he was asked to the then-traditional role of the courts and codified be an adviser to the Amer- copyright law comprehensively in 1976. Since then, ican Law Institute’s new RESEARCH change has been hard to come by in Congress, even Restatement of Copyright, Copyright Law more so in recent years as the legislative body has a project that is attempting Intellectual Property Law become more and more gridlocked and unable to to synthesize judge-made Property Law pass laws. law in the field, to aid future & Theory Enter the federal judiciary. Today, federal judges courts and lawyers. Common Law deciding copyright cases are far more comfortable His argument for more Theory
interpreting rather than making law, for fear that they judicial involvement goes to CLA SSES will be branded judicial activists, which has become a the heart of whether juries, Property Law pejorative in the charged American political process. as they do now, should be Copyright Law But that’s exactly what Balganesh thinks judges should in a position to rule on Copyright do when it comes to copyright: make law. complex cases alleging Theory “Courts should play a much, much more central role copyright infringement. Property Theory in crafting the copyright system than they do currently,” Balganesh says no.
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The current approach is the vestige of a Second wrong, and they will actually create guidelines for Circuit decision, Arnstein v. Porter, handed down almost future creators.” seven decades ago in which the most important parts of Balganesh is proposing major reforms to other the infringement analysis were required to be handed parts of the copyright system, even as the advent over to a lay jury, with no guidance from experts. Juries, of new technologies promise to pose tremendous said Balganesh, are singularly unqualified to render challenges in the years ahead, raising a series of new such decisions. He questions how we can entrust questions: What are the rules concerning machine- laymen to decide such cases, when their simple yes made creativity? Who owns the copyright on the work or no vote only leads to an ensuing lack of clarity. product of artificial intelligence, the machine or the “We’re handing over one of the most important person at the controls? How much human agency is questions in copyright law: When does the amount needed to make someone responsible for the outcome? of copying become so much that we should treat it “Copyright is headed into new, uncharted territory,” as wrongful? And I say that this question should be said Balganesh, making the case that the courts’ one that judges decide, because in deciding it, they application of common law principles of causation will be making law that future courts and litigants can hold the answer not only in emerging areas of the law use,” Balganesh said. “They will be forced to articulate but in the existing system. “You can’t move into the what makes taking 80 percent of a book wrong; what future without a firm grounding in the present, and makes taking a chorus and melody of a song wrong; a strong sense of the past, and that’s the problem.” what makes taking the core part of an artistic work
IN THE 1960S AND 1970S, many feminists and gay activists rejected marriage as an inherently unequal and oppressive institution. By the end of the twentieth century, highly educated professional women were marrying in droves and same-sex couples fought for the right to marry. Penn Law professor Serena Mayeri, a legal historian with expertise 02 in women’s and civil rights, THE CHANGING NORMS family and antidiscrimi- OF MARRIAGE nation law, wondered why. Her first book, Reasoning from Race: Feminism, Law, and the Civil Rights Revolution, explored how, in the 1970s, Ruth Bader Ginsburg, then a lawyer for the ACLU, successfully argued a string of U.S. Supreme Court cases that helped level the playing field between married men and women. The government could no longer assume that husbands were breadwinners and wives homemakers. But, Mayeri realized, these decisions did not unseat marriage itself as the source of myriad public and private benefits. “The marriage equality movement
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helped us to see how much the law privileges marriage,” she explained. The primacy of marriage, Mayeri said, is illustrated in married couples’ receipt of special Social Security, tax, health care and other benefits. Many such economic benefits are available in WE MIGHT THINK THAT GIVEN ALL OF some European countries based on individual citizenship rather than marital status. Family THE BURDENS OF SINGLE PARENTHOOD, law, too, generally favors the married over the unmarried, she said. For example, equitable IMPOSING LEGAL DISADVANTAGES ON division of property, available to divorcing couples, doesn’t apply to unmarried cohabitants. PEOPLE NOT MARRIED IS THE LAST Mayeri wondered how marriage remained legally supreme even as fewer Americans married and THING WE SHOULD BE DOING. ONE DOES nonmarital childbearing rates soared. That’s why she’s writing a book, called The Status of Marriage: NOT HAVE TO BE ANTI-MARRIAGE Marital Supremacy Challenged and Remade, 1960–2000, which provides an historical account TO BE AGAINST MARITAL SUPREMACY.” of challenges to the legal privileging of marriage. The book will also explore how feminist-inspired reforms made marriage a more egalitarian union, mitigating feminist antipathy for the institution. Another major change, Mayeri said, has been a greater acceptance of nonmarital children. “While there certainly is still to some degree a stigma attached to non-marital child-bearing, that stigma is no longer the severe, legally debilitating stigma it was.” For adults, however, many of the Serena Mayeri “I’m trying to take a historian’s perspective, but legal disabilities of nonmarriage persist. Professor of Law I don’t pretend to be indifferent to the possibility and History Though there is disagreement about cause and of reforming marital supremacy to some degree,” effect, scholars agree that marriage increasingly she said. correlates with education, income, and socioeco- But the relationship between feminism and nomic status. The Obergefell decision, recognizing marital supremacy is complicated, Mayeri said. same-sex marriage, opens new possibilities for For example, unmarried mothers tend to have the rethinking the legal primacy of marriage itself. RESEARCH primary caregiving and economic responsibility, “Most of the work on nonmarital families has Legal and and may not want the fathers of their children to Constitutional been done by legal scholars and sociologists,” said History have legal parental or custody rights. In a recent Mayeri, who earned her JD and PhD in history from Antidiscrimination article in the Yale Law Journal, Mayeri explored Yale. “There’s plenty of historical work on earlier Law and Policy feminist disagreement about the role of unmarried periods with respect to non-marital children and Family Law fathers. Some argue that married women have the question of illegitimacy, but there’s a bit of a and History consented to a role fathers would play in their gap in more recent history.” Civil Rights children’s lives, while a non-married woman and Feminism Many people tend to think of same-sex mar- has not; others say parental roles shouldn’t be Marriage and riage upon hearing the term “marriage equality.” its Alternatives based on marriage. But Mayeri said same-sex marriage is just one Mayeri, who is happily married with two chil- C OURSES component of the overall concept of marriage dren, distinguishes between opposing marital Family Law equality. “I think it’s pretty clear that this is just supremacy and opposing marriage itself. “Some- Law and Social one of the next frontiers in family law — certainly Movements one could think that marriage can be a wonderful not everyone is in agreement that it should in Twentieth- institution to which many people aspire, but there be — but there’s a fairly sizable group of family Century America are so many disadvantages already associated law scholars, feminist scholars and folks who Employment with not being married,” she said. Discrimination have been concerned with LGBT issues who “We might think that given all of the burdens of Gender and the want to pursue activism and reform around Law in Recent single parenthood, imposing legal disadvantages non-marital families,” Mayeri said. American History on people not married is the last thing we should Moving toward marriage equality is a gradual Feminist Legal be doing … One does not have to be anti-marriage process, Mayeri said. Advocacy in to be against marital supremacy.” the Twentieth- Century United States Marriage: Published by Penn Law: Legal Scholarship Repository, 2016 History and Law 21 23 Penn Law Journal, Vol. 51, Iss. 2 [2016], Art. 1
THERE’S A PLACE WHERE garage because something fell off the ceiling and contracts and psychology crashed through the windshield,” Wilkinson-Ryan said. meet, and that’s the focus “To determine whether the term is enforceable, the of Tess Wilkinson-Ryan’s first step is to ask whether the parties agreed to it L’05, GR’08 research. when they formed the contract,” which in contract In an era of proliferating law turns largely on whether they had notice of the contracts, a central ques- term and an opportunity to read it. tion runs through her work: “But that just muddies the actual issue,” she said. How do ordinary people “No one is meaningfully agreeing to arbitration, so the view their contractual assent analysis is a red herring. The real question ought to obligations? be whether we want to permit companies to unilaterally In the last 40 years decide that claims must be brought in arbitration.” 03 PSYCHOLOGICAL contracts scholarship has The inability to read contracts in full comes up been hugely influenced in other research she’s done, raising these kinds of THEORY RESHUFFLES by the law and economics questions: What do people think a contract is? When OUR UNDERSTANDING movement. Among other do they think it’s binding, whether on paper or online? things, economic analysis She found that people thought that an unfair policy OF CONTRACTS of legal decision-making embedded in a long form contract was legitimate, fair, yields predictions about and enforceable — even if they would identify that same how people will behave in policy as grossly unfair if they saw it outside the context Tess Wilkinson- response to particular legal rules or incentives. Empirical of a contract. “I find that troubling because nobody can Ryan L’05, GR’08 legal studies goes about testing these predictions, and possibly read all of that paperwork,” Wilkinson-Ryan said. Professor of Law and Psychology others, with methods from experimental psychology, Because her research has focused on the relationship sociology, and economics. between promising and contracting, she has directed And how does she fit into that conversation? particular attention to the places where contracts “The intervention that I’m making into the existing look unlike other kinds of promises. One example is debates in contracts is to inject some realism about assigned contracts. This is when a party who is entitled what humans are like in particular, and to suggest there to something under the terms of a contract sells that RESEARCH are certain ways in which people predictively deviate entitlement to a third party. So, for example, a creditor Contracts from a rational actor model,” said Wilkinson-Ryan, sells debt to a debt collector. Assigned contracts are Psychology who earned a master’s and PhD at Penn. She is using particularly common in mortgages. Most people get Behavioral experimental psychology studies to understand the their mortgage with one company but have their loan Economics moral compass that guides decision-makers when assigned at some point. Wilkinson-Ryan thought that Financial Decision-Making they face the prospect of breaking a contract. this transfer of rights to a party outside of the original A key part of the equation, Wilkinson-Ryan said, are promissory relationship would be perceived as odd. C OURSES “My hypothesis is when you assign the rights to Contracts human interactions and the social and moral weight something, it actually loses a key feature of promis- Trusts & Estates of those interactions. Truly negotiated contracts are ing — that you promised it to someone and then it Psychological becoming rarer in modern times and so what matters Analysis of Legal doctrinally is just that people represent that they assent goes to someone else,” she said. In an experiment she Decision-Making to the terms and conditions, she said. ran, it rang true: People didn’t want their money going And yet meaningfully assenting is becoming to someone they hadn’t initially agreed upon paying, increasingly difficult with ubiquitous contracts that citing a lack of interaction between the parties. are nearly impossible to read in entirety. “You cannot Wilkinson-Ryan is currently working on two papers possibly read all of your contracts,” she said. “And yet for publication: Contracts Without Terms and Statutory they are definitely legally binding.” Damages in the Shadow of the Law. “The problem with this lack of readership,” she Most contract doctrine, she said, is about how courts continued, “is that it undermines the traditional will interpret and enforce deals, but most of the action in approach to fairness in contract, which is all about contract happens outside of the courtroom. That is why autonomy and assent. But it’s hard to talk coherently Wilkinson-Ryan has focused her attention on the moral about whether a party has assented to a term when in norms that influence how they make and break contracts. fact we all know that she clicked ‘I agree’ but didn’t “What I’d say is different about modern contracting read it — and furthermore that it would be ridiculous is the number of deals people are assenting to on a daily to expect that she would read it.” basis,” she said, adding that the increased number doesn’t Take, for example, a contract with a parking garage, necessarily diminish the social and moral meaning of where the back of the ticket has language indicating contracts. “My view is that the norm of promise-keeping that all claims against the garage must be brought is a very strong one. It might play out a little differently in arbitration. “So imagine the contract term says when the promise comes as fine print in a form contract, you can’t take a claim to court if you need to sue the but it is still part of the psychology of the contract.” https://scholarship.law.upenn.edu/plj/vol51/iss2/122 24 et al.: Penn Law Journal: Big Ideas
a website to promote the teaching method, and the organization hosted its ninth annual FLIPCON convention this past summer in Texas. The point of flipping classrooms, Wagner said, is to give students a platform on which they can develop their skills in persuasive writing, put more focus on teamwork, and learn how to build good arguments rather than just taking notes while the professor talks. In other words, it’s putting critical thinking into action. That means Wagner video-records all of his lectures — which involves simply doing voiceovers with slides, he says — that students are expected to watch before class. Then at the first class of the week, Wagner introduces a problem or challenge. In this class, students are assigned roles, often in teams, to address the given challenge in a legal setting, and they have the chance to ask him questions. Students meet and strategize for the exercise during the sec- ond session of the week. “I’m there as a consultant,” Wagner said. “They’re the ones that are in charge.” The third and final class of the week gives students the opportunity to execute a trial or work on the assigned activity. “Almost universally, students say it’s better and they enjoy it, and also universally, they say it’s significantly more work and more active and hands-on,” he said. David Bernstein L’17, a current 3L, took Wagner’s patent law flipped class last fall. He attested that the method required about Polk Wagner three additional hours of work per week, but that didn’t dampen his enthusiasm for the class. Flips the Script “I love it,” he said. “I was a little skeptical of the flipped classroom thing at first, but it does a number of things that on Teaching normal, doctrinal classes don’t.” Among those things are brainstorming with others, applying
PHOTO: CHARLES SHAN CERRONE CHARLES PHOTO: what you learn and producing a tangible work product. “It bookmarks important parts of materials in a way that normal lecture classes don’t,” Bernstein said. “I think maybe you don’t dive into cases quite as deeply as you would in a lecture, but you come away with more practical, lasting knowledge.” icture this: The authoritative professor lectures Wagner has learned a few things in his time flipping in a stentorian voice before a sea of students, classrooms, and the first is that not all classes are cut out á la scenes from The Paper Chase. A typical law to be flipped. A flipped classroom doesn’t work for a large school scenario, right? Not so in Polk Wagner’s introductory course, for example. Wagner said he sticks to classroom. a more traditional lecture format in his Intro to IP course and Wagner, who’s been teaching at Penn Law supplements it with several short and easy quizzes to ensure since 2000, has always had an interest in students do their reading. Pexperimental methods involving hands-on learning. He continued The ideal size for a flipped class, Wagner said, is about to introduce such activities in his teaching over several years, for 20 students. And the physical space where such classes take which he received positive feedback from students. A couple of place matters too — Wagner knows he has to reserve rooms years ago, he found that he was unsure how to balance lecture that have small tables instead of an auditorium format. time and an increasing amount of mock exercises. Because IP is a constantly evolving field, Wagner has learned “Finally you have to decide at that point whether to just that it’s best to record his video lectures in 10-minute increments, completely change the classroom requirements,” he said. so he doesn’t have to re-do an entire lecture if he wants to make And he did, by fully “flipping” his classroom in 2014. some changes. A flipped classroom is educational lingo for a method that flips This school year, Wagner is teaching a seminar in appellate the focus from the professor’s actions (generally, lecturing) advocacy, an Intro to IP class, and of course, a flipped patent to those of the students. law class. The idea has been around for several years but has gained Because a flipped classroom is more time-intensive for steam in recent years as technology has made it easier to professors, he doesn’t foresee the method supplanting traditional video-record and disseminate lectures. And flipped classrooms lecture-style classes. But that’s not stopping Wagner. He said aren’t limited to higher education — the Khan Academy, a flipping classrooms has been a positive experience so far, and he nonprofit founded in 2005, offers millions of free video lessons plans to stick with it when he can. “I think they learn more from for all levels of education and continues to expand and grow in each other in a way that surprises me every semester, and that’s popularity. In 2012, the Flipped Learning Network launched a good thing.”
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PROFESSOR SOPHIA LEE IS changing how we think about constitutional law and its history. Her recent book, The Workplace Constitution from the New Deal to the New Right, explains how the United States ended up with most workers lacking constitutional protec- tions. Along the way, she offers a new history of civil rights 04 and a different way to think THE UNTOLD HISTORY Sophia Lee about how constitutional law Professor of Law OF WHY MOST WORKERS is made. and History, LACK CONSTITUTIONAL Today, unless you work for Deputy Dean the government, you lack con- PROTECTIONS stitutional rights on the job. The First Amendment won’t protect you from being fired,
she says, for attending a gay rights or pro-life march on RESEARCH your own time, for instance. Lee takes readers back to Administrative the middle of the 20th century when it seemed quite Law possible, even likely, that today Americans would have Constitutional Law rights ranging from free speech to privacy at work. Legal History She uses the stories of workers and their efforts to Labor & win constitutional rights on the job to show their Employment surprising, and often forgotten, successes as well as Law to explain how we still ended up with most workers Civil Rights lacking those rights today. Right to Work Lee’s account changes civil rights history in two Political History ways. Previously, historians thought that civil rights Privacy advocates stopped challenging the constitutionality C OURSES of racial discrimination by employers and unions at Employment the end of the 1940s. Lee demonstrates that far from Law dropping such claims, lawyers at the NAACP and those Administrative representing interracial unions doubled down in the Law 1950s and 1960s. During those decades, they brought The Constitution their most concerted, coordinated, and successful Outside of the Courts: Theory campaign for a constitutional right to join unions and History and access decent jobs. The History Lee also shows that conservatives forged their own of Privacy and civil rights campaign in the middle of the twentieth the Law century. New Deal labor laws had, for the first time, given workers the legal right to form unions. The new laws also obligated employers to bargain with
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In another twist, Lee takes aim at how we tell constitutional history and understand constitutional law. She argues that a complete understanding of constitutional law requires examining the work not only of judges but also of bureaucrats and agencies. Lee supports this claim by demonstrating that federal THE CIVIL RIGHTS MOVEMENT’S agencies have played an important but underappreciated role in interpreting and implementing the Constitution. SIDE OF THE STORY REALLY LED Indeed, Lee explains, African Americans’ most successful constitutional fight against racial discrimination in ME INTO THE RIGHT-TO-WORK the workplace happened before agencies such as the National Labor Relations Board (NLRB) and the Federal STORY, AND THE MORE I LOOKED Communications Commission. Lee shows that federal agencies implemented their AT THE RIGHT-TO-WORK STORY, own understanding of the Constitution. According to Lee, agencies took the lead in making constitu- I SAW THEY WERE INSEPARABLE.” tionally informed policy. In the 1940s, the NLRB sua sponte turned to the Constitution to inform its policies regarding racial discrimination by unions. Over the next thirty years, the agency proved to have a strong constitutional conscience. On its own initiative, it unions that could show sufficient support from their debated, publicized, and updated the constitutional employees. Once recognized, many unions bargained constraints on its authority. for contracts that required all workers to join or Further, Lee argues, agencies did not simply follow support the union. At the same time, unions that Supreme Court doctrine. Instead, she shows that were more politically progressive, even radical, than they reached constitutional conclusions that the their predecessors flooded the scene. Conservatives Court would not. For instance, she demonstrates opposed to the New Deal were alarmed as workers that although the NLRB often cited Supreme Court joined unions in droves. decisions for support, it relied on arguments the In an effort to stop unions’ spread and limit their Court had rejected. One might think Lee describes political power conservatives turned to the Constitution. an instance of lawless, rogue agencies. In other work, In the 1940s, a coalition of employers and their conserva- however, Lee argues that agencies can be justified in tive allies began a campaign for workers’ constitutional adopting constitutional interpretations that differ right not to join or support a union, she says. They from those of the Court. claimed the title “right to work” for their campaign and While Lee recovers more robust constitutional described their fight as one for workers’ civil rights. Lee protections in the workplace than were thought to tells for the first time the history of this conservative civil exist, ultimately, she shows that they faded away, rights campaign and argues that you can’t understand leaving most U.S. workers without them. But for Lee, the history of the civil rights Constitution unless you the book does more than tell a history or contribute look at its conservative as well as its liberal champions. to our understanding of constitutional law. Lee points “The civil rights movement’s side of the story really out that most workers are unaware of their lack of led me into the right-to-work story, and the more constitutional protections. She hopes her history can I looked at the right-to-work story, I saw they were educate them about their lack of rights and help them inseparable,” says Lee, deputy dean and member of think about whether the Constitution is the place to the Penn Law faculty since 2009. look if they are concerned about this reality.
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T h e Lesnick
LegacyBy Larry Teitelbaum https://scholarship.law.upenn.edu/plj/vol51/iss2/1 28 et al.: Penn Law Journal: Big Ideas
ne day last spring Howard Lesnick finished teaching his last class at Penn Law with the words, “Do not be daunted by the world’s grief.” Howard never has. In 50 years at Penn Law School, he never stopped innovating and working to repair the world. With a certain self-deprecation yet thoroughgoing idealism, he pressed lawyers and law students to be accountable to the profession and to themselves. As Howard becomes emeritus, let us count a few of the ways in which he stayed true to his vision.
That enumeration must start with the public interest program. Back in the 1960s, not many law schools pushed a public service agenda. But Penn was not most law schools and Howard Lesnick was not your average law professor. He reminded everyone that public service and the practice of law were inseparable. Proceeding from that proposition, he conducted a kind of dry run with a program in which students spent several hours a week working at Community Legal Services. But that wouldn’t do. He wanted something more engrained in the culture of the Law School. His intense advocacy led, years later, to a formalized program that is run by The Toll Public Interest Center. The Public Service program has been described as one of the Law School’s glories. Think about what it has achieved during its 27-year history: several thousand students have performed more than half a million hours of service, the number of students pursuing public interest work after graduation has grown almost tenfold, and TPIC has affiliated with more than 300 public interest organizations in the United States and around the world. That alone is enough to secure Howard’s legacy. But he’s done so much more, prodding the institution at every turn to expand the definition of what it means to be a lawyer, starting with his lifelong emphasis on professionalism. As with public service, Howard considered professional responsibility and legal ethics core values for every lawyer. With that in mind, he joined then-dean Robert H. Mundheim and several others in establishing the school’s original Center on Professionalism, which in its 10 years of existence earned a national reputation for the pioneering case studies and interactive exercises that Howard and his colleagues brought to lawyers and law schools all over the country. Howard also brought glory to the institution by running, during the early years of the War on Poverty, the Reginald Heber Smith Community Fellowship, a program that trained and sent first 100 young lawyers, then 250 lawyers, then 400 lawyers around the country to represent poor people who needed counsel but couldn’t afford it. As much as we like to lay claim to Howard Lesnick, let’s not forget what he accomplished during six golden years as one of the driving forces behind the then-new City University of New York School of Law. Howard was recruited to create a curriculum that integrated clinical practice and academic theory from the very first day of law school — a stunning and revolutionary concept at the time. The motto he coined for the school — “Law in the service of human needs” — reflects the sum total of Howard’s career. We could talk about his dedication to humanistic education, civil rights and justice, and his tenacity in pursuing these goals. Howard mobilized armies of students and lawyers to continue his work for years to come. Suffice it to say, Howard strove to leave the world a little better than he found it. Of that there can be no doubt.
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AS SOMEONE WHO NOW THINKS WHEN I TOOK MY POSITION LEADING about the “big picture” of Penn Law the Toll Public Interest Center, and its evolution through the years, I did so with great apprehension I stand in awe of the impact you about the tremendous responsibility have had on this institution over of nurturing a program with such the past half century. From the extraordinary roots. I can say now moment I set foot here as a junior that I am so very grateful I overcame professor in 2004, you have been that apprehension, and that is largely a mentor and inspiration in your because of you. I will forever appre- On Lesnick: commitment to the highest levels ciate every opportunity I have had to of scholarship, critical inquiry, and work with you. You are a visionary public-mindedness. And I know who has changed the course of so how many thousands of students many lives thanks to your bold you have touched and inspired pursuit of what you so clearly see over a much longer time frame. is just and possible — even when Your career lives on each day in others may question and doubt. the lives of those lawyers who were It was not until I arrived at Penn Law educated here and who now work that I fully appreciated the scale and in the public interest around the impact this public service program world. Thank you Howard for all could have. I feel like I could work you have done for Penn Law, its many more decades and still not students and graduates, and the come close to helping the program broader legal community! realize its full potential because it Ted Ruger is truly limitless — and I believe you Dean and Bernard G. Segal Professor of Law, knew that from its inception. Penn Law School I am inspired every day that I am here to nudge us closer to YOU SAVED MY LIFE WHEN I GOT that pinnacle of ensuring access myself in trouble. I was so out of my to justice for all, because I have mind then. I turned to you because learned from you that all things are I knew you would understand how possible with vision, ideals, hard a student could get so tangled up work, sometimes a bit of a fight, and in lies that he does not even know perhaps with unlikely partners in the truth any more. Every day of unlikely places. On a personal note, my 35 years as a lawyer I owe to you. your kindness has meant the world After I graduated and passed the to me, and I am truly grateful for N.J. and N.Y. bars I went the other all that you have offered me, our way — I went for the absolute truth students, our school, our profession, in every facet of my life and practice. and countless underrepresented I became a lawyer and I graduated causes and communities around the from Penn — one of my most trea- world. Thank you for bending the sured achievements — because of arc so profoundly towards justice you. I came to your office and stood throughout your career, and for at threshold of the door and said I’m inspiring me to do whatever I can in trouble and you did not turn me do to do so as well. With deepest away. May God Bless the moment respect and warmest regards. you said yes to me and May God Arlene Rivera Finkelstein Bless you in your retirement. Associate Dean for Gareth Keene L’80 Public Interest Programs Self-employed Attorney https://scholarship.law.upenn.edu/plj/vol51/iss2/128 PENN LAW JOURNAL FALL 2016 30 et al.: Penn Law Journal: Big Ideas
AS I SIT HERE IN NEW YORK CITY IN 1970, WHEN THE IDEA OF A I WAS SURPRISED AND A BIT helping my newborn granddaughter credit bearing internship was down- apprehensive to be invited to lunch and her family, I am reminded of right radical, Professor Lesnick by Howard Lesnick. I had not had the deep connection human beings led the way to enable me to spend him in class and, in so far I could are capable of having for each other. a semester in Washington at the recall, I had never met him. And That is exactly what Howard stood Center for Law and Social Policy. in the few times I spied him in for: harnessing the law to deepen As a result, I was one of the very the halls of the law school, he did these connections in recognition first of what has become hundreds not strike me as a chatty type. We of the humanity of all people. As a of Penn Law students to embark went to a local restaurant. Perhaps result of Howard’s commitments to on a career in public interest law we ordered, or maybe it was even place humanitarian values above all because of Professor Lesnick’s before the ice water had arrived. else, he gave “birth” to the programs leadership. I am indebted to him, Howard looked up and asked, such as the public service program as are the countless clients who “So, how do you pray?” That is not at Penn Law, courses that addressed have benefited from his work. a question I ever expected anyone the ethical component of legal Andrew Schwartzman C’68, L’71 to ask me in law school. And yet, practice and informal mentoring Benton Senior Counselor, it was so characteristic of Howard of law students and particular staff, Georgetown University Law Center cutting through banter to the heart Institute for Public Representation including me. He created a space of some matter that concerned for many future humanitarian and him and posing a question with IN THE THREE DECADES I HAVE public interest practitioners to the confidence that the person he known him I have been awed by explore their own values and is talking to has something to say Howard’s unflagging ability to their career paths and choices. worth hearing. What was revealed engage with the humanity of those As he moves on to retirement he in the ensuing conversation and the around him, in large things and in will actually still be teaching as friendship that has lasted for twenty small. By his unwavering regimen hundreds of former law students years was a ferociously curious challenging himself to grow and and colleagues (including me) will mind open to information and learn. By his ability to transmute continue to benefit from his past inspiration from a huge variety of hard and righteous judgment into mentoring, institution building, sources and the most unlikely compelling and empathetic action. nurturing and writing. of people. I will never forget that And by his boundless support of lunch or the influence and example Judith Bernstein-Baker SW’75 students, colleagues and friends. First director of the Penn Law of Howard Lesnick. His erudition, In one of his books, Howard tells Public Service Program decency, and fundamental dispo- the story of a question posed to sition toward wonder are powerful the staff of Dorothy Day’s Catholic PROFESSOR LESNICK WROTE ONE touchstones for me as a lawyer, as Workers House. He asked, “Do of my letters of recommendation a continuing student of a variety you think that all of your efforts that allowed me to become a law of things, and most importantly have been effective?’” One of their professor. He helped me to enter a as a human person. wonderful profession and to have number answered “We have not tried to be effective, we have tried to John Grogan L’93 a great life. One of my areas of Co-Founder, Langer Grogan & Diver expertise is business ethics. In my be faithful.” My friend and teacher work, I often think of the lessons Howard has been effective because that I learned from him. He is a he has been faithful. I am in his great professor, and Penn Law was debt, and I join a grateful throng lucky to have him on its faculty. of those nourished and inspired by his commitment, by his insight Eric Chaffee L’02 Associate Dean for Faculty Research and by his faithfulness. & Development and Professor of Law Seth Kreimer Kenneth W. Gemmill Professor of Law, Penn Law School
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Fighting Over
Free Speech
CIA Director John Brennan wanted to share his view with students who assembled to hear him.
A determined band of protestors had other ideas. By Larry Teitelbaum
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CIA DIRECTOR JOHN BRENNAN came to Penn protesters did achieve their goal, to the disappoint- last spring to speak in an environment where a ment of Penn Law Dean Ted Ruger, who introduced group of undergraduate students and outside Brennan. Penn Law co-sponsored the event. agitators were waiting in ambush. Ruger regretted that the unrelenting protests In a speech at the Penn Museum auditorium, foreclosed debate and open discussion. He said the it didn’t take long for protests to materialize. Driven “highest calling” of the University of Pennsylvania by their opposition to drone strikes and American is to educate students and faculty about a range of involvement in the Middle East, first one group, issues and points of view. “It’s okay to have protesters. then another, and finally another rose to protest It’s okay to have protesters holding signs, or even Brennan’s appearance on campus. The shouts shouting things out intermittently. But it’s not okay became more and more intense until the event for protesters to be so continuously disruptive that organizers were forced to cancel the proceedings the event can’t go on.” during an expedited question and answer period. Greg Forster, now a 3L, did not attend the event The shutdown disturbed some students and but followed the coverage. “I’m sympathetic to concerned university officials. Dissent is an American some of the concerns raised by the protestors but tradition. But it seems with increasing frequency I think it went too far,” said Forster, president of the that people are retreating to their rhetorical corners Penn Law chapter of the American Constitution and spiking speech with which they disagree, raising Society (ACS), a 50-member student group with a questions about the rights and limits of free speech. progressive bent. “It’s important that we maintain A number of universities have bowed to so-called the right to free speech even if there are ideas that political correctness, allowing students to dictate are different than what some of us have.” who comes to campus to speak, and which ideas “These protests run counter to what we do,” are permissible to propagate. But, before the start continued Forster, noting that ACS encourages of the new school year, University of Chicago admin- debate, as it is doing this fall with pointed discussions istrators put down a marker, welcoming freshmen on gun control, global warming and LGBT rights. with a stern letter emphasizing that the school will As president of the Penn Law Federalist Society, not cancel invited speakers nor warn students about a conservative student group, Brent Hanson 3L subjects that might upset them. represents the other end of the political spectrum. A group called the Foundation for Individual And he also agreed with Forster. “Some people Rights in Education (FIRE) documents event think that their voices are never heard, so this is disruptions and cancellations on college campuses. their opportunity,” Hanson said. “But stifling all They’ve had a lot to work with over the last decade discussion means there is no debate or exchange or so. Speakers have been hit with pies and raw of ideas, or advance of knowledge.” meat and doused with salad dressing. Better to be Hanson said there’s no reason for protests to disinvited, another trend on the rise. get out of hand. He pointed to a Federalist Society Fortunately, Brennan did not have to dodge event on the use of police force as an example of projectiles during his appearance last April. But the the right way to raise objections. Activists from the
Protestors took aim at U.S. policy in the Middle East during CIA Director John Brennan’s talk to students. PHOTO: DARRYL MORAN
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Black Lives Matter movement attended. “They were A few days after Brennan spoke, Penn very respectful,” Hanson said. “They asked questions Provost Vincent Price sent an e-mail to the Penn and then at the end they made their voices heard, community directing students, faculty and staff reading off a list of names of (minority victims) who to guidelines on open expression. Those guidelines had been shot by police. That was proper because it hint at potential disciplinary action in cases where allowed a dialogue on both sides.” Penn-affiliated protesters violate school standards. The Brennan event drew protesters from Penn Kevin Baine L’74, a First Amendment attorney Students for a Democratic Society as well as the with Williams & Connolly in Washington, D.C., Philly Coalition for REAL Justice, which brought to took a somewhat harder line, noting the irony Penn people unaffiliated with the University, and of students censoring free speech in America, who believe in direct, disruptive action. (This same when that is often the role of more authoritarian group interrupted Bill Clinton less than a week governments around the world. later at a rally in Philadelphia for then-presidential candidate Hillary Clinton.) The SDS came to prom- inence during the Vietnam War, when students swarmed college campuses and Washington, D.C., to demonstrate against what they saw as American imperialism. The Penn SDS, defunct since 2008, re-formed in January. Ava Lipatti, an undergraduate who heads the group, defended the disruption. Lipatti said he and the other protesters were compelled to challenge Brennan, who came to Penn If a university does not act vigorously to to talk about his career in foreign policy, national promote and protect the free exchange of ideas, security, and the global fight against terrorism. “He was not there to have a frank discussion about how the CIA operates,” said Lipatti, a senior in the it diminishes itself as a university. School of Engineering and Applied Science. “He was there to perpetuate their (the CIA) narrative.” Sophomore Daniel Pitts went further. “We were satisfied that we had shut down the event,” KEVIN BAINE L’74 said Pitts, who is studying anthropology. “It was First Amendment attorney with an event essentially propagandizing for a policy Williams & Connolly in Washington, D.C. that we disagree with, that we do not find to be morally acceptable.” Who decides what is acceptable? An article in The Atlantic magazine last year caused a stir. The co-author of the piece, Greg Lukianoff, president of FIRE, criticized the “Students today should know that violating effort to shield college students from ideas and the right of free speech on campus can result in subjects that make them uncomfortable. disciplinary action, including dismissal in cases of Ari Cohn, an attorney with FIRE, takes up the extreme or persistence interference,” Baine said. argument. He decries what he views as a movement “If a university does not act vigorously to promote toward freedom from speech rather than freedom and protect the free exchange of ideas, it diminishes of speech. He blames educators on two fronts: for a itself as a university.” failure to teach students well before college critical There is a way to avoid these confrontations in thinking skills that encourage students to question the future, said Ava Lipatti, leader of the Penn SDS: their beliefs and to cultivate in them an acceptance don’t prescreen questions, which in his view stifles of opposing viewpoints. the free exchange of ideas the University purports “We’ve come to a point where young people to support. grow up thinking that whatever they believe deep Brent Hanson, president of the Penn Federalist down in their heart of hearts is the absolute truth Society, offered another approach: his group and how dare anybody question that,” Cohn said. plans to hold a joint panel with members of the He recommended the return of more civics American Constitution Society to discuss freedom courses in high school and the encouragement of of speech and academic diversity in light of the students to seek out people with whom they disagree. Brennan protest.
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RIGHTEOUS INDIGNATION
The Story of Josiah DuBois, a Holocaust Champion Lost to History By Fredda Sacharow
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Medoff, founding director of the David S. Wyman Institute for Holocaust Studies, felt compelled to tell the story because he did not want DuBois’ role to vanish from public consciousness. “He was a true hero, representing the best of the American spirit and the noble American tradition of concern about oppressed people everywhere,” Medoff said from his Washington, D.C. office. That “noble American tradition” was notably absent during the late 1930s and early 1940s, as DuBois would come to discover. The Great Depression had left Americans feeling anxious and insecure, convinced newcomers would threaten their jobs and their very way of life. Resentment against Jews, in particular, was wide-spread — an attitude reflected at government’s highest levels. “During World War II, our State Department was very anti-Semitic, and consistently denied concrete information about Germans murdering Jews,” says Richard Goodwin, a philanthropist who became friends with DuBois in the 1950s, when DuBois served as lawyer for his family’s home-building business. It was widely believed that Jews tended to be Commu- AS A YOUNG ATTORNEY WITH THE U.S. TREASURY nists, Medoff notes in his book, or, oddly enough, that Department during World War II, he stood up to their capitalistic maneuvering caused the Depression. a deeply anti-Semitic bureaucracy, helping bring Against this backdrop, DuBois, a Quaker, was a voice about the creation of the War Refugee Board which in the wilderness — one whose pleas eventually reached ultimately was responsible for saving many thousands all the way to the White House of Franklin D. Roosevelt. of European Jews from the Nazis. After graduating from the Law School and working ALater, as deputy chief counsel for the prosecution of on a fellowship under the school’s former Dean war crimes at Nuremberg, he prosecuted executives at Herbert Funk Goodrich, he found himself at the I.G. Farben, the German chemical firm that manufac- Treasury Department. DuBois credited Goodrich, who tured the gas used to murder prisoners at Auschwitz. served as dean from 1929 to 1940, with recommending Josiah E. DuBois Jr. C’31, L’34 is the hero you probably him for the job. never heard of. He rose to become chief counsel of the department’s Steven Spielberg never made a movie about the Foreign Funds Control Division, charged with finding Camden, N.J., native, nor does Yad Vashem, Israel’s ways to finance the escape of refugees from the increas- memorial to the victims of the Holocaust, count him ingly brutish Hitler regime. among its Righteous Gentiles. It was in this role that DuBois came to write his But historians and scholars familiar with DuBois scathing “Report to the Secretary on the Acquiescence rank him with Oskar Schindler and Raoul Wallenberg of This Government in the Murder of Jews,” an for his role in forcing his own government to take 18-page document laying out the State Department’s action — however belatedly — to provide a haven for refusal to authorize a Jewish organization, the World Hitler’s intended victims. Jewish Congress, to send its own funds to Europe “DuBois did not risk his life in doing what he did. to rescue and ransom Jews, specifically those in But he certainly risked his career. And that takes Romania and France. courage, a special kind of courage that not many Based largely on information slipped to him by a people possess,” writes historian Dr. Rafael Medoff in friend in the State Department, the report denounced Blowing the Whistle on Genocide: Josiah E. DuBois, Jr., immigration policies that shut America’s doors to and the Struggle for a U.S. Response to the Holocaust. Jewish refugees fleeing the death camps. The volume chronicles DuBois’ unlikely path from Interviewed half a century later for the documentary junior government official to author of a highly charged Who Shall Live, Who Shall Die, DuBois pulled memo threatening to expose State Department officials no punches. who were systematically withholding information about “The normal attitude of the State Department in those the murder of the Jews to keep America’s doors closed. days … [is] that you don’t do anything to rock the boat.
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You keep things calm. And the fact that millions of Jews They also arranged for 48,000 Jews to be moved from were being murdered while they were delaying I don’t Transnistria, a region between the River Dniester and think troubled most of them, frankly,” DuBois said. the eastern Moldovan border with Ukraine, to safer His report, written on Christmas Day 1943 and areas in Romania. An additional 15,000 Jewish refugees presented to his boss, Secretary of the Treasury Henry and 20,000 non-Jewish refugees were evacuated from Morgenthau Jr., pointed fingers and named names. territories occupied by Axis forces. DuBois singled out Breckinridge Long, assistant “In one sense,” Medoff says, “theWRB ’s efforts may secretary of state, attributing to him the “tragic bottle- be regarded as too little, too late, given the magnitude neck in the granting of visas,” and went on to charge of the Nazi genocide. On the other hand … DuBois and that “certain State Department officials” had not only his colleagues played a major role in the rescue of more failed to use governmental means at their disposal than 200,000 refugees during the final months of the to rescue Jews from Hitler, but had used government war, despite numerous and daunting obstacles.” machinery to prevent that rescue. “He was a rock star to me,” says Richard Goodwin. “Unless remedial steps of a drastic nature are taken, “I considered it a privilege every time I was in his company.” and taken immediately … to prevent the complete As their friendship developed, Goodwin recalls, extermination of the Jews [in Hitler’s Europe], this DuBois felt comfortable enough to discuss his wartime Government will have to share for all time responsibility experiences and the humanitarian role he played. for this extermination,” DuBois wrote. “He was very modest, but I figured out what questions Finally, he threatened to resign and take his findings to ask and eventually he would talk about the details to the press if Roosevelt did not act immediately. of what he had done.” Concurrently, a Jewish activist named Peter Bergson Among those accomplishments was heading the (also known by his Hebrew name, Hillel Kook) had team arguing the case against 24 directors of I.G. Farben recently teamed with the writer Ben Hecht to form during the Nuremberg Trials. the Emergency Committee to Save the Jewish People At the request of President Harry S. Truman, DuBois of Europe. spent a year preparing the case against the men, under The committee mounted an intense campaign whose watch the German conglomerate forced Jewish that included newspapers ads, plays, pageants and a slave workers to help produce the lethal gas known as rally that attracted 40,000 people to Madison Square Zyklon B — the Germans’ favorite killing tool. Garden. The activists convinced Congress to hold its In The World Must Know, his book about the U.S. first hearings on the plight of the Jews. Holocaust Memorial Museum in Washington, D.C., At the urging of the Bergson Group, lawmakers Michael Berenbaum notes that Zyklon B could kill 2,000 PRESS ASSOCIATED PHOTO: introduced a resolution calling for the creation of a people in less than 30 minutes. At Auschwitz-Birkenau government agency whose mandate would be the alone, most of the 1,100,000 people who were murdered rescue of Jewish refugees. The Roosevelt administration lost their lives in the infamous gas chambers. originally lobbied against the resolution, relenting only The Nuremberg trials are considered an important under pressure from the public and Congress. model for dealing with later genocides, as well as a On Jan. 22, 1944, Roosevelt issued Executive Order milestone in creating a permanent international court. 9417, creating the War Refugee Board under the auspices After the trial, DuBois returned to Camden to practice of the Treasury Department. Its executive director was law with his brother Herbert. John W. Pehle, a Treasury lawyer who had worked with When he died in 1983 at the age of 70, The New York DuBois in compiling his damning statistics. Times noted that the American Jewish Committee Its general counsel? Josiah E. DuBois Jr. had presented DuBois with its Humanitarian Award Roosevelt provided little funding for the new entity, earlier that year, crediting him with saving the lives of Medoff notes, but DuBois and his colleagues compen- thousands of Jews. sated with creativity and determination, using back Although he never achieved the star power of a channels to spirit Jews out of harm’s way. Schindler — nor even courted it — Josiah DuBois hasn’t They bribed border officials and produced forged disappeared entirely from the American psyche. identification papers to protect refugees desperate In 1967, investigative journalist Arthur Morse wrote to evade the Nazi machine. They urged world leaders While Six Million Died, chronicling how the American to pressure Hungary to halt deportation of Jews to government erected barriers against attempts to rescue Auschwitz; some 120,000 Jews were able to survive Jewish Holocaust victims. Medoff notes that Morse was in Budapest and find shelter through the Swedish the first to identify DuBois by name, and to credit him diplomat Wallenberg — with funding and logistical with the report that led to the establishment of the WRB. support from the WRB.
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In 2006, the Wyman Institute organized a conference “I set up a $100,000 trust fund, with the earnings at the University of Pennsylvania Law School exploring to go to students who are doing things in the field of the contributions of the school’s valorous graduate. mutual respect, tolerance, understanding of others,” More than 100 scholars, students, faculty and Goodwin said. “It’s amazing to me how many students Holocaust survivors attended the event, hosted by are inspired by Joe’s story.” Harry Reicher, a Penn professor and member of The developer also founded and endowed the Esther the U.S. Holocaust Memorial Council who died in Raab Holocaust Museum and Goodwin Education 2014. Speakers included members of the DuBois and Center, also known as the Raab/Goodman Center, which Morgenthau families. fills a room off the lobby of the Jewish Federation of “To have Henry Morgenthau’s son embracing Josiah Southern New Jersey in Cherry Hill. Dubois’s son was a very poignant moment,” Medoff Among the artifacts displayed in the museum’s recalls. “As far as I know, it was the only time the cases — a Nazi helmet, a striped inmate jacket, a copy younger Morgenthau spoke in public about his father’s of “Mein Kampf”— is a small black-and-white photo of role in the events.” a smiling DuBois and an explanation of the attorney’s Chairing the conference was Richard Goodwin, the heroic role. home construction mogul who in 1999 established Oh, and there’s one other tribute: Anyone driving to the Josiah DuBois Humanitarian Awards, an annual the building housing the museum can’t help but notice scholarship recognizing youngsters in 11th and 12th the blue sign with white lettering indicating they’re grades for promoting tolerance and humanitarianism. driving on Josiah Dubois Memorial Lane.
Josiah Dubois delivers a statement at the Nuremberg Trials, during prosecution against the I.G. Farben chemical company.
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IN 1923, THE AMERICAN LAW INSTITUTE opened its doors with an ambitious agenda: to clarify, or restate, vast areas of the common law. Judges and lawyers have come to rely on these precise and painstaking reports that take years to complete. In more recent years, the ALI has compiled principles of the law as a resource for legislators. The ALI sprang to life with former Penn Law Dean William Draper Lewis as founding director. Today, Penn Law continues to make a significant contribution to the work of the organization, with 19 standing and emeritus faculty as members, including Catherine Struve, who sits on the ALI Council, which approves all projects. At present, Penn Law professors Kermit Roosevelt III and Tom Baker are working on, respectively, restatements on Conflict of Laws and Liability Insurance.
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CLASS NOTES
FINE PRINT
1950s
The Hon. Manuel Greenberg L’54 was honored by the Atlantic County Bar Association in April for having been admitted to practice for at least 50 years. He is a retired Supe- rior Court of New Jersey judge.
The Hon. Robert Neustadter W’53, L’56 was honored by the Atlantic County Bar Association in April for having been admitted to practice for at least 50 years. He now serves as of counsel at Cooper-Levenson in Atlantic City and is a retired Supe- rior Court of New Jersey judge. https://scholarship.law.upenn.edu/plj/vol51/iss2/140 PENN LAW JOURNAL FALL 2016 42 et al.: Penn Law Journal: Big Ideas
John Bertman W’54, L’57 was hon- litigation. He focuses on the tax classified State of Delaware employ- ored by the Atlantic County Bar aspects of commercial transac- ees who are not covered by union Association in April for having been tions of all types at Cozen O’Connor. collective bargaining agreements. admitted to practice for at least 50 Sandler, who is of counsel in Young years. He continues his daily work The Hon. L. Anthony Gibson L’64, Conaway Stargatt & Taylor, LLP’s as partner at Howell & Bertman PAR’88 was honored by the Atlantic labor and employment section, also Law Offices in Hammonton, N.J. County Bar Association in April for does pro bono work, conducts an having been admitted to practice active mediation and arbitration Richard Rosenbleeth W’54, L’57, for at least 50 years. He’s currently practice in the area of labor and PAR’84 was quoted in a CPR Speaks a self-employed mediator in Lin- employment law and has testified as article that follows a petition with wood, N.J. an expert witness on Delaware law. the U.S. Court of Appeals for Veter- ans Claims, filed by the American Henry Gladstone C’61, L’64 was Norman Pearlstine L’67 was named College of Trial Lawyers (of which named in the 2017 edition of The vice chairman of Time Inc. A he has been a fellow since 1985). Best Lawyers in America for his work former editor in chief of the pub- His decade-long involvement in in corporate law. He serves as senior lication, he rejoined Time Inc. the VA appeals process was noted counsel at Cozen O’Connor. in 2013 to help guide the com- throughout the article, credit- pany after it spun off from Time Paul Heintz L’65 was recognized by ing him as the first to bring the Warner. He is focusing on interna- the American Cancer Society for 50 issue to the College’s attention. tional opportunities in his new role. years of volunteer service. He has
served as chairman of the Mont-
gomery County Lower Merion Unity,
1960s as chairman of the Philadelphia 1970s division, as counsel for 20 years to the Philadelphia, Pennsylvania Edward Glickman W’60, L’63, PAR’89 and East Central divisions and as Joseph Bright L’70 was named in was named in the 2017 edition of a member of the National Planned the 2017 edition of The Best Lawyers The Best Lawyers in America for Giving Council. He is a partner at in America for his work in tax law. his work in trusts and estates. He Obermayer Rebmann Maxwell & He focuses on state and local tax- serves as senior counsel at Cozen Hippel, LLP’s trusts and estates ation at Cozen O’Connor. O’Connor. department. Joseph Cooper W’69, L’72 was David Marion W’60, L’63 joined Gilbert High Jr. L’65 was named a appointed executor of the estate White and Williams, LLP in Phil- 2016 Pennsylvania Super Lawyer of New Yorker cartoonist Frank adelphia as senior counsel. He by Thomson Reuters and was rec- Modell. For news of auctions of was most recently a partner at ognized for his state, local and Modell’s artwork, contact him at Archer & Greiner, PC, and he has municipal work. He is a partner at estateoffranklynbmodell@gmail. extensive experience in business High Swartz, LLP and has dedicated com. Cooper continues to publish litigation, antitrust and securities most of his career to the practice Books columns at The Huffington class actions, First Amendment and of municipal and real estate and Post, and he also writes “Pauses professional liability issues. land use law. and Moments: Rumblings from the lane next to the off ramp” stories Sheldon Sandler L’65 was nomi- Stephen Cozen C’61, L’64, the for PsychologyToday.com. founder and chairman of Cozen nated by Delaware Gov. Jack Markell O’Connor, was named in the 2017 and approved by the state senate to Ian Comisky W’71, L’74 joined Fox edition of The Best Lawyers in America serve a three-year term on the Del- Rothschild’s Philadelphia office as for his work in insurance law. aware Merit Employee Relations a partner in the firm’s white-collar Board. He will serve as a manage- compliance and defense practice. H. Robert Fiebach W’61, L’64 was ment representative from New He was previously a partner at Blank named in the 2017 edition of The Castle County. The five-member Rome, where he was co-chair of its Best Lawyers in America for his work board is the final step in the admin- white-collar group for more than in commercial litigation, legal mal- istrative process for grievances 30 years. In June, at the Knowl- practice law for defendants, real alleging a misapplication of the Del- edge Group’s webcast, he delivered estate litigation and securities aware Merit Rules, which govern all the talk, “Extended Anti-Money
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Laundering Requirements for Mark Friedman C’70, L’73, a man- Gail Lione L’74, PAR’11 was named Private Equity: The Collaboration aging partner of Constellation senior counsel at global law firm Between the SEC and FinCEN LIVE Investment Partners in Boca Raton, Dentons. She serves on several Webcast.” Fla., reports the sale of OnForce, boards for public and private com- Inc., an online staffing company panies and teaches intellectual Marc Jonas C’69, L’72 was named organized in 2003 with Alan Weber property law as an adjunct law pro- the 2017 Lawyer of the Year for Land W’70, PAR’06, to Swiss-based Adecco fessor at Georgetown University Use and Zoning Law in Philadel- Group, the largest staffing company Law Center. She has more than 20 phia by The Best Lawyers in America. in the world. years of general counsel experi- He is the co-chair of Eastburn and ence, including at Harley-Davidson, Gray’s land use and zoning practice David Glyn L’73 was named in the Inc., where she was executive vice group and has extensive experience 2017 edition of The Best Lawyers in president, general counsel, secre- in real estate, land use/zoning and America for his work in trusts and tary and chief compliance officer. municipal law. He also serves as estates. He focuses on private cli- solicitor to Kennett Square Borough ent matters at Cozen O’Connor. John Noble L’75 joined Morris James, and as solicitor to the zoning hear- LLP as a partner in its corporate and ing boards of Towamencin, Upper Wilbur Kipnes C’70, L’74, a partner commercial litigation group. He Merion and Lower Salford Town- at Schnader Harrison Segal & Lewis, joined the firm in July upon retir- ships. He is a frequent lecturer for LLP, was named chair of the litiga- ing from his post as vice chancellor the Pennsylvania Bar Institute and tion-services department, which of the Delaware Court of Chancery, the Montgomery Bar Association comprises 26 practice groups. He having been appointed by Gover- Real Estate Committee. had previously served as the firm’s nors Carper and Markell in 2000 general counsel. and 2012, respectively. The Hon. Mark Bernstein L’73 received the 2016 Bench-Bar & Annual Confer- H. Ronald Klasko L’74, a founding Thomas Rees L’75 was named a ence’s Justice William J. Brennan Jr. partner of Klasko Immigration 2016 Pennsylvania Super Lawyer by Distinguished Jurist Award, which Law Partners, LLP, participated in Thomson Reuters and was recog- recognizes a jurist who adheres to two panel discussions at the EB-5 nized for his employment and labor the highest ideals of judicial service. Coalition’s 2016 Legislative Work- work. He is a partner at High Swartz, He has been a judge of the First Judi- shop in Washington, D.C. He was LLP, where he heads the firm’s lit- cial District of Pennsylvania since also named to the list of the 2016 igation and employment practice. 1987, teaches evidence and civil pro- top 25 EB-5 lawyers in the coun- cedure at the Thomas R. Kline School try by EB5 Investors magazine. In Bruce Ludwig L’76 was named a of Law at Drexel University and is June, Klasko spoke at the Invest- 2016 Pennsylvania Super Lawyer by the author of comprehensive com- ment Migration Forum in Geneva Thomson Reuters. He is a partner ments on the Pennsylvania Rules about investment migration devel- in Willig, Williams & Davidson’s of Evidence published by Gann opments in the United States and labor department and focuses on Law Books. He was instrumental Canada, and also participated in a state, federal and administrative in designing and implementing panel discussion on immigration matters including discrimination the Day Forward Case Manage- policy and investment migration. and civil rights disputes, pension, ment system for the First Judicial He was named in Lawdragon’s “The retirement, unemployment com- District, which helped turn a back- Most Powerful Employment Attor- pensation and wage and hour issues. logged court into one of the most neys Guide for 2016” as one of 20 Michael Malloy L’76 efficient and admired case manage- top immigration law practitioners. gave a lecture, ment systems in the United States. In July, he moderated the panels “More’s Utopia and Socio-Economics,” Judge Bernstein is currently writ- “Understanding and Evaluating at Oxford University as part of the ing a novel that takes place in the Investor Protections and How U.S. Utopia 500 project, a global com- Philadelphia courts that he is releas- Securities Laws Can Affect Overseas memoration of Thomas More’s ing in serial form on his website, Agents” and “China Issues” at the Utopia that was published 500 years www.judgebernstein.org. 2016 New York EB-5 Convention. ago. The lecture was part of the Klasko was named in the 2017 edi- Oxford Conference on Business, tion of The Best Lawyers in America Economics, Poverty & Inclusive for his work in immigration law. Capitalism, held at the University’s Saïd School of Business. He also
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participated as a member of the Jason Shargel L’77 was named in the Neil O’Toole L’79 was recognized organizing committee for the 13th 2017 edition of The Best Lawyers in by Professionals in Workers’ Com- Annual International Conference on America for his work in corporate law pensation with the 2015 President’s Law sponsored by the Athens Insti- and mergers and acquisitions law. Award, for lifelong commitment tute for Education and Research. He is a member of Cozen O’Con- and extraordinary contributions As director of the Institute’s Busi- nor’s corporate practice group. to the field of workers’ compensa- ness and Law Research Division, tion law and practice. He is owner he delivered welcoming remarks Brian Flaherty L’78 was named in of the Law Office of O’Toole & Sbar- to the conference. He presented a the 2017 edition of The Best Lawyers baro, PC in Denver, Co. paper, Encountering UTOPIA: Social in America for his work in commer- Stresses and Responsibilities of the cial litigation. He is a trial lawyer Lawyer, which provides a legal and at Cozen O’Connor. 1980s literary critique of the novel, an H. Vincent McKnight, Jr. L’78, a important literary milestone and partner in Sanford Heisler’s Wash- cultural artifact. The following day ington, D.C. office, has assumed Reginald Jackson L’80 was named Malloy chaired a panel on public the role of managing partner of in the 2017 edition of The Best Law- policy and law. the D.C. office. He is also co-chair yers in America for his work in Jeff Pasek L’76 was named the 2017 of the firm’s whistleblower prac- bankruptcy and creditor rights/ Lawyer of the Year for employment tice and represents whistleblowers insolvency and reorganization law. law by The Best Lawyers in America. in numerous False Claims Act/Qui He is a partner at Vorys, Sater, Sey- He is the chair of Cozen O’Con- Tam suits under investigation by mour and Pease LLP’s Columbus, nor’s labor and employment group. the United States and other gov- Ohio, office. ernmental stakeholders. Greg Ahlgren L’77, PAR’11 authored a Daniel Prywes C’77, L’80 joined Civil War historical novel called Fort Robert Friedman L’79 was named Morris, Manning & Martin, LLP’s Fisher: The Battle for the Gibraltar of the 2017 Lawyer of the Year for trusts Washington, D.C., office as a liti- the South. The story, told from the and estates by The Best Lawyers in gation partner. He was previously point of view of soldiers from both America. He is the chair of Cozen a partner at Bryan Cave, LLP. His sides and a woman who was a Union O’Connor’s private client ser- experience includes representing spy, focuses on a January 1865 battle vices practice group and focuses a wide range of clients, handling that sealed the Confederacy’s fate. on estate and trust planning and several contract and employment Ahlgren is a criminal defense law- administration. disputes and litigating in state and yer in Manchester, N.H., and has federal trial and appellate courts, Linda Galante L’79 was named vice been a criminal justice professor, state and federal administrative chair of the Center City District Foun- state legislator and political activ- agencies, arbitration panels and dation’s board. The nonprofit seeks ist. He’s also penned the alternate the U.S. Supreme Court. to raise money to test and implement history time-travel novel, Prologue, new programs that uplift downtown David Cohen L’81 was appointed and the international thriller, Philadelphia. Galante is a partner at to the regional board of directors The Medici Legacy. Stradley Ronon, LLP. for the United Way of Greater Phil- Thomas Gallagher III C’74, W’74, adelphia and Southern New Jersey. Niki Ingram L’79 was named a L’77 was named in the 2017 edition Cohen is senior executive vice pres- Fellow of the College of Workers’ of The Best Lawyers in America for ident of the Comcast Corporation Compensation Lawyers. She is a his work in tax law. He focuses on and is the company’s chief diver- shareholder and director of the tax aspects of commercial transac- sity officer. workers’ compensation department tions of all types at Cozen O’Connor. at Marshall Dennehey Warner Cole- Bernard Lee L’77, PAR’02 was man & Goggin. The College honors named in the 2017 edition of The lawyers who have distinguished Best Lawyers in America for his work themselves in workers’ compen- in real estate law. He is the co-chair sation practice. of Cozen O’Connor’s real estate practice group.
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ILLUSTRATION: HARRY CAMPBELL A Solution to the Epidemic of Distracted Driving Several years ago, Ted Chen W’87, L’91 and his buddy Chen said distracted driving has become a new Mike Demele both had sons approaching driving age. American epidemic. “One in four collisions is being caused The Silicon Valley dads had been contemplating a side by cell-phone related driving, according to the National project in app development, when they had a eureka Safety Council,” he said. “This is a recent phenomenon moment: to create an app to reduce cell phone distracted that’s getting worse every day. In 10 short years, our driving. In 2013 the pair founded LifeSaver. Shortly addiction to smartphones has become the number one thereafter, Chen and Demele left their full-time jobs to problem on our roadways — we need to find a simple focus on LifeSaver and haven’t looked back since. and effective way to curb this epidemic.” “It’s been a wild ride,” Chen said. “LifeSaver is such LifeSaver has garnered the attention of many parents a uniquely fulfilling opportunity, allowing us to focus our and driver-safety organizations like Mothers Against energies on a mission that not only presents an interesting Drunk Driving. The solution has been validated by millions business challenge, but is also deeply rooted in a of miles of consumer driving and endorsed by national problem that’s very personally relevant for us, our safe-driving advocates like Jacy Good from Hang Up and families and our society.” Drive, Chen said. Chen has even spoken with the California The LifeSaver solution hinges on accountability: legislature about requiring drivers cited for distracted The user typically agrees to use the app (free for iOS and driving to use a product that prevents distracted driving Android) with the knowledge that another party (parents and confirms the driver’s usage. or employers, for example) can view his or her data LifeSaver could be a boon for the auto insurance regarding app usage and compliance through a dashboard, industry, which is experiencing a huge increase in frequency which can be accessed by mobile device or desktop. and severity of auto claims due to cell phone-related The app, which uses GPS technology and other crashes. Chen said it is costing those insurers more than location services on the phone to detect driving, blocks $30 billion annually. Moreover, he said, companies in a driver’s screen access to their phone while the car is general and especially those with fleets are looking for ways in motion, but it allows for a user to unlock the phone to increase their employees’ safety behind the wheel and for an emergency or if the user is a passenger. In those also protect their company from the potential liability cases, actions to unlock the phone are recorded (time arising from employee crashes caused by cell phone and location), so that this information can be used by the distracted driving. Not surprisingly, LifeSaver is garnering family member or employer to keep the driver honest. a lot of interest from fleets looking to protect themselves from this issue. Chen plans to further monetize through insurance partnerships and fleet licenses. https://scholarship.law.upenn.edu/plj/vol51/iss2/144 PENN LAW JOURNAL FALL 2016 46 et al.: Penn Law Journal: Big Ideas CLASS NOTES
Yvonne Cort L’81 spoke in May at has taken the place of Lynn Marks John Grady L’85 joined DLA Piper’s a Nassau County Bar Association L’79, who stepped down from the finance practice in Philadelphia as Tax Committee meeting about IRS position. Milone was previously the a partner. He was most recently issues, including collection and vice president of business devel- the senior vice president and chief handling a federal tax lien. Cort is opment and strategic planning at regulatory officer of Aratec Corpo- a partner at Capell Barnett Mata- Devereux Foundation. ration, the holding company for lon and Schoenfeld, LLP, where she Cetera Financial Group. focuses on resolving federal and Carol Mattey G’83, L’83 received the New York State tax controversies. 2016 Federal Communications Bar Sarah Kelly GED’79, L’85 was Association Excellence in Govern- named in the 2017 edition of The Robert Silverman L’81 was named ment Service award, given annually Best Lawyers in America for her work in the 2017 edition of The Best Law- to recognize individuals with a in management and employment yers in America for his work in real long-term career in the federal law and labor and employment lit- estate law. He is a member of Cozen government in the field of com- igation. She is of counsel at Cozen O’Connor’s real estate practice munications who are dedicated to O’Connor. group. the pursuit of excellence in govern- ment service. She is deputy bureau Steven Zalesin L’85 was named Amy Goldstein L’82 was sworn in chief at the Federal Communica- The American Lawyer’s “Litigator as president of the New Jersey State tions Commission and focuses on of the Week” in March after secur- Chapter of the American Academy expanding access in areas of the ing a federal jury verdict for The of Matrimonial Lawyers (AAML) in country lacking broadband service. Coca-Cola Company in a landmark June. The AAML is a national non- advertising dispute over juice label- profit that encourages the study, Scott Friedman GL’84, the chairman ing brought by POM Wonderful. He improves the practice, elevates the and CEO of Lippes Mathias Wexler is a partner at Patterson Belknap standards and advances the cause Friedman, LLP, was appointed by Webb & Tyler in New York and has of matrimonial law so that the wel- N.Y. Gov. Andrew Cuomo to a six-year extensive experience in intellectual fare of the family and society is term on the Council for the State property, false advertising and com- protected. Goldstein has been a fel- University of New York at Buffalo. plex litigation matters. low of the AAML since 1995. The council is the main oversight and advisory group to UB. Friedman, Stewart Harris L’86, a law professor Steven Howard L’82, PAR’10 joined a lifelong Buffalo resident, is also a and host of a nationally syndicated Norton Rose Fulbright’s New York general partner at a firm support- radio show, gave an address in Sep- office as a partner. He had pre- ing early-stage local companies so tember to a meeting of the State viously been a senior partner at that they stay in Western New York, of Franklin Chapter of the Sons of Gladstone Associates, LLC. How- and he is a co-founder and volun- the American Revolution and the ard has more than three decades of teer executive-in-residence of the Hawkins County Bar Association. experience advising international family business initiative in UB’s He created the public radio show, and domestic investment funds Center for Entrepreneurial Leader- “Your Weekly Constitutional,” in and advisers. He is also an art law ship. He founded Next Gen Advisors, 2011, which is produced by an NPR expert and serves as a director of LLC, a consulting firm that helps affiliate in Johnson City, Tenn. After The Dedalus Foundation. family-owned businesses. teaching law for 15 years at the Appa- lachian School of Law, he became Don Mares L’82 was named dep- Geralyn Humphrey L’84 joined Ferro a constitutional law professor this uty mayor of Denver, Colo. He was Labella & Zucker, LLC as counsel in year at the Duncan School of Law previously appointed to the may- Hackensack, N.J. She was previously at Lincoln Memorial University. or’s cabinet to run Denver Human a senior real estate attorney with Services, which is one of the city’s Ehrlich, Petriello, Gudin & Plaza, PC Karen McDonald Henning L’86 largest agencies. in Newark, N.J. In her new role, she received the 2016 James T. Barnes, represents clients in business and Sr. Memorial Faculty Scholar Award Maida Milone C’76, L’82, PAR’92 real estate transactions, including at the University of Detroit Mercy has been named the executive direc- business structuring, mergers and School of Law. The award recognizes tor of Pennsylvanians for Modern acquisitions, commercial loans and a faculty member’s outstanding Courts, the statewide nonprofit that other financing and investment scholarship, teaching excellence works to ensure fair and impartial transactions, and the purchase, sale, and public service. She joined the courts for all Pennsylvanians. She financing and leasing of commer- law school in 2007 and teaches cial and multi-family real estate. Published by Penn Law: Legal Scholarship Repository, 2016 45 47 Penn Law Journal, Vol. 51, Iss. 2 [2016], Art. 1
applied legal theory and analysis, Patricia Smink Rogowski L’87 was Marc Ginsky L’88 was appointed advanced advocacy, federal juris- selected as a fellow of the Amer- the executive vice president and diction and a judicial clerkship ican Bar Foundation, a national chief operating officer of the Cystic seminar. A prolific scholar, she has research institute for the empirical Fibrosis Foundation. He was previ- written about prosecutorial immu- study of law. Only one percent of ously the vice president and general nity and has co-authored the text, U.S. attorneys are admitted to the manager of the market access ser- Criminal Pretrial Advocacy, among program, and selection requires vices division at Covance, a contract other works. nomination and recommendation research organization. by the Foundation’s national fel- Kenneth Trujillo L’86 joined Cham- lows and recommendations from Ernesto Lanza L’88 joined the Wash- berlain Hrdlicka’s Philadelphia lawyers in the state where the nom- ington, D.C., office of Clark Hill in office as a shareholder. He will inee practices. Smink Rogowski is August as senior counsel, moving focus on leading that office to a partner at the Wilmington, Del., from the law firm of Greenberg expand into a multi-disciplinary office of Panitch Schwarze Belisa- Traurig, where he was a shareholder. practice with a concentration on rio & Nadel, LLP and has about 30 He joined the firm’s banking and sophisticated specialty litigation. years’ experience in patent, trade- finance practice and focuses on He was previously a litigation ser- mark and copyright prosecution public finance matters related to vices partner at Schnader Harrison and counseling in intellectual prop- securities law, disclosure, trading Segal & Lewis, LLP. Trujillo served erty litigation in federal district and market structure issues. as co-chair of the 2016 Democratic courts and in appeals to the Court Ellen Rosenberg L’88 joined Amicus National Convention’s host com- of Appeals for the Federal Circuit. mittee in Philadelphia, and a few Therapeutics as general counsel and months before the convention, was Ferrier Stillman L’87, co-chair of corporate secretary. She was pre- elected to the Board of Directors of Tydings & Rosenberg, LLP’s health- viously senior vice president and WHYY, greater Philadelphia’s lead- care group and a family law attorney, associate general counsel at Shire ing public media provider. was named a 2016 “Leadership Pharmaceuticals. She has legal expe- in Law” recipient by Maryland’s rience in the biopharmaceutical and Randall Pattee L’87 joined Fox Roth- The Daily Record. The award was medical device industry including schild, LLP as a partner in the firm’s created in 2000 to recognize Mary- mergers and acquisitions, product Minneapolis office. He was pre- land legal professionals who are launches, risk management, and viously a partner at Lindquist & dedicated to their profession and compliance matters. Vennum, LLP. He has a national communities. Stillman represents Stella Tsai L’88 was confirmed by practice and focuses on product clients in complex domestic rela- the Pennsylvania State Senate to liability defense and business and tions cases in addition to senior serve as a judge on the Court of commercial disputes. housing and long-term care facili- Common Pleas in Philadelphia. ties and other health care providers Jay Rand L’87, PAR’17 became a She took the bench in Septem- and professionals before state and partner and co-chair of Frankfurt ber and will serve on an interim federal regulatory agencies, as well Kurnit Klein & Selz, PC’s Corporate basis until January 2018. Tsai will as in commercial transactions and & Finance Group. He has exten- have the chance to stand for elec- litigation. sive experience advising on entity tion in 2017 for a full term. She is a formation, corporate governance, Michael Esser GL’88 joined Latham partner at Archer & Greiner’s Phila- venture capital and other types of & Watkins, LLP’s Dusseldorf office delphia office, where she focuses on financing, and his practice focuses as a partner in the firm’s antitrust business litigation and represents on clients in digital media, FinTech, and competition practice. He was individuals, small businesses, and software, health and life sciences previously at Freshfields Bruckhaus multi-national businesses in trans- and consumer goods and tech- Deringer in Cologne and has more actional, regulatory and litigation nologies. Rand teaches a course than 20 years’ experience advising matters, including trial and appel- in high-growth entrepreneurship German and international com- late work. She is a member of the as an adjunct faculty member at panies. His specialty is Phase-II firm’s diversity committee and is Columbia Law School, and he fre- merger cases, domestic and inter- the firm’s representative to the quently speaks and writes about national cartel proceedings and Philadelphia Diversity Law Group’s issues critical to emerging compa- global investigations, and he is also Board of Directors. nies, entrepreneurs and investors. an expert in the technology, media and telecom (TMT) sector. https://scholarship.law.upenn.edu/plj/vol51/iss2/146 PENN LAW JOURNAL FALL 2016 48 et al.: Penn Law Journal: Big Ideas CLASS NOTES
Lisa Whitcomb Clark L’89, a part- in various federal district courts, Allison Amadia L’92 joined the elec- ner at Duane Morris, was elected the United States International tronic cash transaction company to the board of directors for The Trade Commission and European PayNearMe as general counsel. She Public Interest Law Center, a Phil- patent litigation. was most recently executive vice adelphia nonprofit firm that helps president, general counsel, chief vulnerable populations access basic Jennifer Evans Stacey L’89 was compliance officer and corporate resources. appointed vice president, general secretary for Extreme Networks, Inc. counsel, corporate secretary and Charles Marion C’86, W’86, L’89 head of government relations at The Matthew Biben L’92, a litigation was named president of the Chest- Wistar Institute, an international partner at Debevoise & Plimpton nut Hill Community Fund, which biomedical research organization. LLP, was appointed in July by Chief raises money to support the Chest- She was most recently senior vice Judge Janet DiFiore to the New nut Hill Community Association president, general counsel, human York State Commission on Judi- and other community nonprofits. resources and secretary at Antares cial Nomination, which screens He is a partner in the commercial Pharma, Inc. In her new role, she candidates for vacancies on the litigation and intellectual property oversees contracts, employee affairs, Court of Appeals. litigation practice groups at Pep- technology transfer and the intel- per Hamilton, LLP in Philadelphia. lectual property licensing process; Eric Marandett L’92 was named assists with regulatory affairs and an “IP Star” by Managing Intellec- Arthur Solmssen, Jr. L’89 became compliance; manages litigation tual Property (MIP). He co-chairs the head of the Crosby Family matters; and provides legal counsel. Choate, Hall & Stewart, LLP’s intel- Office and the Crosby Company She also manages governance issues lectual property litigation group of New Hampshire. Those entities related to the board of trustees. in Boston. were created by the Johnson fam- ily, which owns several businesses Janet Weiss C’86, L’89 joined the David Richter ENG’87, W’87, L’92 and assets, including 49 percent finance and restructuring group as a was named a fellow of the Char- of mutual fund company Fidelity. partner at Dorsey & Whitney, LLP’s tered Institute of Building. He is Solmssen is coordinating the John- New York office. She was previously a the president and chief executive son family’s interests, including partner at Gibson, Dunn & Crutcher, officer of Hill International, a global investments in a global financial LLP’s business restructuring and firm that manages construction services business, a trust company, reorganization practice group. risk. Richter is a fellow and past venture capital, private equity, real board member of the Construc- estate, public securities, charitable tion Management Association of America. He is also a member of organizations and art and antiqui- 1990s ties. He was previously a longtime the World Presidents’ Organization, partner at Dechert. the Construction Industry Round Table and the American Society of Susan Spaeth L’89, managing Marc Klein L’91 was named in the Civil Engineers. partner of Kilpatrick Townsend 2017 edition of The Best Lawyers in & Stockton, was named one of the America for his management work David Schwartz L’92 was appointed Most Influential Women in Busi- in employment law. He is a partner as general counsel and executive ness by the San Francisco Business in the Dallas office of Thompson vice president of Hudson’s Bay Times. The publication chose about & Knight LLP. Company at the end of September. 150 women from several industries In that role, he will lead the compa- based on their contributions to the Andrew Africk L’92, WG’92 was ny’s global legal organization, and Bay Area’s economic wealth, growth appointed to the board of directors he will also be a part of the com- and civic core. Spaeth focuses on for RPX Corporation, a patent risk pany’s executive leadership team intellectual property and complex/ management and discovery man- and serve as corporate secretary technical litigation, particularly agement solutions provider. He to its board of directors. He had patent litigation, licensing and founded the private investment been at Toys “R” Us for the past 15 counseling. She has represented company, Searay Capital, LLC, in years, where he served as general biotechnology, medical device 2013, and is a director of SunCoke counsel for more than a decade. and high technology companies Energy, Inc.
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Christopher Smith C’87, L’92, PAR’17, in Lisbon, Portugal; and the confer- Jack Garfinkle L’96 was elected to the a trial and appellate lawyer and part- ence on Big Data, Health Law and board of the Walnut Street Theatre ner at Smith Anderson in Raleigh, Bioethics at the Petrie-Flom Center in Philadelphia. He is the associ- N.C., was selected for inclusion in for Health Law Policy, Biotech- ate general counsel of Exelon Corp. the 2017 edition of The Best Lawyers nology and Bioethics at Harvard in America for his work in commer- Law School. Beth Heleman L’96 was promoted cial and environmental litigation. to senior trial attorney at the U.S. Steven Abrams L’95 joined the Phil- Department of Labor in Washing- Steven Spielvogel C’89, L’92 was adelphia office of Hogan Lovells as ton, D.C., after working there for named a Super Lawyer in New York a corporate life sciences partner. two years as a trial attorney. She City for business litigation. He has He focuses on life sciences capital defends the Department in labor been selected a Super Lawyer 2010– markets, mergers and acquisitions and employment law matters and 2011 and 2013–2016. and corporate governance. He was Freedom of Information Act (FOIA) previously a partner at Pepper Ham- and Privacy Act cases. She also Carrie Cohen L’93 joined Morri- ilton and was co-chair of the firm’s advises the Department’s manage- son & Foerster as a partner. She life sciences practice and corpo- ment on a wide range of employee was previously a federal prose- rate and securities practice groups. and labor relations matters, FOIA, cutor in Manhattan, a post she Privacy Act, and third party sub- held for almost nine years. In her John Duke L’95 joined the Phila- poena requests. new role, she is joining the Secu- delphia office of Hogan Lovells as rities Litigation, Enforcement and a corporate life sciences partner. Farah Jimenez C’90, L’96 was White-Collar Criminal Defense His expertise is in corporate, capital named president and CEO of the (SLEW) and commercial litigation markets and mergers and acquisi- Philadelphia Education Fund, an and trials practice groups. tions in consumer products, food independent nonprofit that cham- and beverage, financial technology pions public education in the city. Anthony Gay L’94 was promoted and manufacturing industries. He She is also a Philadelphia School to vice president of governmental previously practiced at Pepper Ham- Reform Commission member. and external affairs at Peco Energy ilton, where he was co-chair of the Co. He had previously been associ- firm’s food and beverage practice Tanya Forsheit L’97 joined Frankfurt ate general counsel at the company. and of the commercial department. Kurnit Klein & Selz, PC’s Los Ange- les office as partner and co-chair of Donna Gitter L’94, a law professor Matthew Daniels G’96, L’96 was the firm’s privacy and data secu- at Baruch College, City Univer- appointed as an endowed chair of rity group. She was previously a sity of New York, was awarded a Law & Human Rights at the Institute partner at BakerHostetler. She will Fulbright-SyCip Distinguished of World Politics, a graduate school also be a partner in Frankfurt Kur- Lecturing Award for travel to the of international affairs in Washing- nit’s technology and digital media, Philippines during the 2016–2017 ton, D.C. He welcomes alumni or advertising, and litigation groups. academic year. She is lecturing students interested in studying or Forsheit represents multi-national to audiences at major universi- interning at the school to contact and emerging companies in the ties, professional organizations, him. Daniels has also operated a media, entertainment, consumer nongovernmental organizations network of five academic centers products, healthcare, technology and government agencies in Metro focused on human rights education and professional services industries. Manila, Luzon and Visayas. She at higher education institutions recently presented her article, in the U.S., U.K. and South Korea. Priscilla (“Sally”) Mattison L’97, of “Informed Consent and Privacy of Daniels is also the founder of the counsel to Bernard M. Resnick, Non-identified Biospecimens and Center for Human Rights and Inter- Esq., PC, co-authored an article, Estimated Data: Lessons from Ice- national Affairs at the Institute of “Modern Methods of Monetiza- land and the United States in an World Politics. In addition, he is the tion for Record Producers.” It was Era of Computational Genomics,” founder and co-director of the Cen- published in the International Asso- at two conferences: the Second ter for Law and Digital Culture at ciation of Entertainment Lawyers International Conference on Big Brunel Law School in London and 2016 book, The Monetization of Data, Small Data, Linked Data and is an adjunct law professor at Han- the Global Music Business — from Open Data, sponsored by the The dong International Law School in Creators to Major Industry. She dis- International Academy, Research Pohang, South Korea. cussed the article on a panel at the and Industry Association (IARIA) 50th annual MIDEM convention in Cannes, France, in June. https://scholarship.law.upenn.edu/plj/vol51/iss2/148 PENN LAW JOURNAL FALL 2016 50 et al.: Penn Law Journal: Big Ideas CLASS NOTES
ILLUSTRATION: ALEX NABAUM ‘A Ha Moment’ Led Whitmore to Rare Books It’s hard for Dan Whitmore L’08 to pick his favorite sale “I kind of had this ‘aha moment’ where I said, this isn’t as a rare books dealer. the right direction. No matter what I do, I’m not ending up But when pressed, he’ll tell you about his biggest trans- where I’d like to be.” action — copy number six of one hundred signed copies of He left his job, got married and turned to his passion for James Joyce’s Ulysses, which netted $125,000 — or the sale of books. At the start of 2010, he and his wife opened an online a signed, first edition in in the publisher’s vellum presentation rare books business out of their Los Angeles-area home. binding, of Oscar Wilde’s The Importance of Being Earnest They became members of the Antiquarian Booksellers’ (one of twelve such copies). Whitmore sold it for $55,000. Association of America, which, Whitmore estimated, consists He and his wife, Darinka, sell rare books through their of about 400 dealers and includes most of the country’s website, Whitmore Rare Books, at book fairs around the serious rare booksellers. country, and they have recently opened a gallery and office Whitmore has had about 300 books in his inventory for in Old Town, Pasadena. the past few years, and that’s a number he’d like to eventually He sources books from private collections, other dealers see at 500 to 700. and auctions; and sometimes just folks walking in the door. “The type of book I’m after is not easy to find, and it’s And the people who buy his books are just as varied: often quite expensive when I do find it,” he said. Some are collectors, some are simply book enthusiasts, He’s drawn to the twentieth-century classics, like some are like the guy who bought Ulysses, who happens The Great Gatsby, The Catcher in the Rye and Gone with to be an executive at a mid-sized company. the Wind, as well as early luminaries like Shakespeare, Whitmore began collecting rare books as a hobby his Dante and Chaucer. first year in law school. His career change also meant he had to give up “It turned into a passion for me,” he said. “Any time I was becoming a collector — but he’s okay with that. in a new city or visiting someplace, I had to figure out where “I wanted to have this beautiful library when I was at the bookstores were.” home when I was this successful lawyer guy,” Whitmore said. After graduating from Penn Law, he did corporate “The dream has been realized, although certainly not in the transactional work for Big Law in Los Angeles for a year. manner I was expecting.” It was there that Whitmore said he had an epiphany when he realized there wasn’t anyone at the firm whose career he hoped to have one day.
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Michael Gold L’98 was named vice across the capital structure and Patricia Montes de Oca L’01 joined president of Washington, D.C., oper- has deep bankruptcy and workout Kelley Kronenberg’s Miami office ations at Space Systems Loral, a experience for distressed investors. as an attorney. She was previously provider of commercial satellites. the owner and manager of her own He was previously the director law firm for five years. In her new of D.C. operations and business 2000s role, she focuses on first party insur- growth at Bigelow Aerospace. In his ance defense, property and casualty new role, he will expand the com- claims and complex commercial pany’s presence in Washington to litigation disputes. aid its growing business with the Brian Hirsch G’97, L’00 joined Glen- U.S. government. mark Pharmaceuticals’ Mahwah, Jannie Lau L’02 was elected to the N.J., office as the company’s vice Pennsylvania Academy of the Fine Craig Hymowitz L’98 received his president of global intellectual Arts’ board of trustees. She is execu- certification as an anti-money laun- property and legal head of North tive vice president, general counsel dering specialist. He serves as of America. He was previously the head and secretary at InterDigital. counsel in Rumberger, Kirk & Cald- of U.S. intellectual property litiga- well’s banking law and securities tion at Sandoz Pharmaceuticals. Anuj Gupta G’03, L’03 was appointed and financial services litigation to the Free Library of Philadelphia groups. Credentials as a Certified Andrew Morton L’00 signed on to board of trustees. He is general man- Anti-Money Laundering Specialist represent Caitlyn Jenner and the ager of Reading Terminal Market. (CAMS) are recognized as a serious Jenner/Kardashian family, as they Adam Singer L’03 formed the Law commitment to protecting finan- each start foundations. He has also Office of Adam G. Singer, PLLC, a cial systems. signed an appearance contract with their television show, “Keeping Up consumer and commercial litigation Gabrielle “Gaby” Bailey L’99 was with the Kardashians”, which will firm. The consumer practice focuses named by Private Asset Manage- focus on the family’s charitable on litigating credit report errors ment magazine as one of the “50 work next season. and consumer class actions, and Most Influential Women in Pri- the commercial practice provides vate Wealth.” She serves as the Louis Virelli III GR’97, L’00 has tailored legal counsel to individuals chief fiduciary officer for Atlantic authored a book, Disqualifying the as well as small and medium-sized Trust. At Atlantic Trust, she over- High Court, which covers the con- businesses. sees the firm’s fiduciary activities, troversial topic of judicial recusal Kate Heptig L’04 joined Rivkin is the head of the Trust Committee, in the U.S. Supreme Court and sep- Radler’s corporate practice group and leads the growth of the firm’s aration of powers. A professor at as a partner in the Uniondale, N.Y. Delaware offering by providing Stetson University College of Law, office. She was previously counsel at highly-customized fiduciary and he teaches administrative law, civil Farrell Fritzwhich. In her new role, custody services for trusts adminis- procedure, constitutional law and she will focus on transactional work tered under Delaware law. Bailey is the federal courts. including tax, corporate, partner- also a member of the firm’s wealth Edo Banach L’01 joined the Bal- ship, executive compensation and strategies group, assisting indi- timore-based Gallagher Evelius employee benefit matters. viduals with wealth planning and & Jones, LLP as a partner in the fiduciary administration matters as firm’s health law group. He was pre- Alva Mather L’04 joined Pepper well as participating in the creation viously the deputy director of the Hamilton as a partner in Philadel- and implementation of firm-wide Medicare-Medicaid Coordination phia. She previously chaired the wealth strategies initiatives. Office of the Centers for Medicare & alcoholic beverage practice group as a litigator and first-chair trial Kristen Campana L’99 joined inter- Medicaid Services. In his new role, attorney at Griesing Law. national law firm Proskauer’s New he represents healthcare providers and agencies and organizations York office as a partner in its multi- Kathy Stroker L’04 became the act- that serve the healthcare industry. tranche finance group. She was ing general counsel of the Peace previously a partner at Bracewell Corps last spring. She was previ- & Giuliani. Campana represents a ously an attorney with the United range of alternative lenders in domes- States Agency for International tic and cross-border financings Development (USAID). https://scholarship.law.upenn.edu/plj/vol51/iss2/150 PENN LAW JOURNAL FALL 2016 52 et al.: Penn Law Journal: Big Ideas CLASS NOTES
Alastair Agcaoili L’05 was chosen Kartick Maheshwari GL’06 was pro- Ama Karikari-Yawson WG’08, L’08 as one of six 2016 Supreme Court moted to partner at Khaitan & Co. made a big life change in August Fellows with the National Asso- He was previously an associate part- 2015 by leaving her job as a corpo- ciation of Attorneys General in ner with the firm in Mumbai, India. rate attorney at Citigroup Inc., to Washington, D.C. The fellowship become a full-time author, story- program selects a small number Xudong Ni GL’06 was re-elected teller and educator. She performs of attorneys each year from state as co-managing partner at East & her best-selling fable, Sunne’s Gift, at Attorney Generals’ Offices around Concord Partners’ Shanghai office. colleges, school assemblies, and cor- the country and immerses them in The firm is a full-services business porations. She also teaches career the world of state practice before Chinese law firm. He will also con- planning, bullying prevention and the U.S. Supreme Court. Agcaoili tinue to serve as co-chair of the college essay writing and conducts was nominated to the fellowship firm’s corporate practice group. cultural sensitivity, diversity, and by the California Attorney Gener- harassment training sessions. She Steve Park L’06 was named part- al’s Office, where he has served as a invites you to reach out to her at ner at Ballard Spahr, LLP, where he Deputy Attorney General since 2014. [email protected]. is a member of the firm’s public His fellowship began in September. finance department in Philadelphia. Doron Kenter L’08 joined Robins Craig Gargano L’05 was promoted He advises issuers, underwriters, Kaplan, LLP’s restructuring and from associate attorney to counsel borrowers and purchasers on business bankruptcy group as at Parker McCay in Mount Laurel, the structuring, issuance, offer- counsel. He was previously at Weil, N.J. He serves as bond counsel ing, placement, re-marketing, and Gotshal & Manges, LLP, where he and underwriter’s counsel for the restructuring of tax-exempt and tax- focused on bankruptcy, out-of- issuance of tax-exempt and tax- able municipal securities and other court restructuring and the rights able municipal debt, in order to debt instruments and derivatives. of debtors and creditors. He is an facilitate a range of public proj- active member of the American Sophia Tawil L’06 was appointed ects and programs for local, state Bankruptcy Institute. general counsel, chief compliance and bi-state issuers. He has been a officer and corporate secretary of member of the firm’s public finance Andrew Rusczek GR’08, L’08 was the Providence Service Corporation, group since 2008. named in the 2017 edition of The which is a holding company whose Best Lawyers in America for his work Moira Gillis Watson L’05 joined subsidiaries provide healthcare in health care law. He is a partner Hall Estill’s Oklahoma City office as and workforce development ser- in the Verrill Dana office in Boston. special counsel. In 2015, she received vices. She was previously a senior her doctorate from the law faculty attorney and corporate attorney Tyler Shewey L’08 was named at the University of Oxford (Brase- at Cravath, Swaine & Moore, LLP. Citizen of the Year by the Berryessa nose College) and in the same year Citizens Advisory Council. He was Uri Herzberg L’07 became a partner joined the University of Oklahoma’s honored for his involvement with at Debevoise & Plimpton’s New York College of Law faculty, where she Special Olympics, the San Jose office in July. He joined the firm in teaches secured transactions and Silicon Valley Chamber of Com- 2007 and is a member of the cor- corporate finance. merce and serving on the Berryessa porate department and the private Citizens Advisory Council for the Derek Dostal L’06 was elected a equity and mergers and acquisi- past decade. He is an associate at partner at Davis Polk & Wardwell, tions groups. Berliner Cohen, LLP in San Jose. LLP’s New York office. He practices Leonardo Corrêa LLM’08 won the in the firm’s corporate department Eric Wolfish L’09 joined the Office 2016 Latin American Counsel Award in the capital markets group in New of the General Counsel for the U.S. for best individual in-house litiga- York and has experience in public Department of Health & Human tion counsel in Latin America. He is and private capital markets transac- Services in Philadelphia. He was a legal manager with Merck Group tions, in advising public American previously an associate at Pepper in São Paulo Brazil. companies and in equity derivatives. Hamilton, LLP.
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–20IN MEMORIAM 16) Judge Shapiro, a Barrier Breaker and Mentor to a Generation of Women, Dies at 87
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Shortly after, she became the first female law clerk for the Pennsylvania Supreme Court under Chief Justice Horace Stern. She remained close friends with his family for the rest of her life, spanning four generations. Justice Stern’s granddaughter, Joan Goodman HOM’88, called her fiercely loyal. “She was this brilliant woman who had all these ‘first’ accomplishments, and then she was this warm-hearted, caring person with such an extensive Rolodex of friends,” she said, noting that Judge Shapiro was no pushover. “She wasn’t all lovey-dovey. She was very feisty.” Upon joining Dechert, Judge Shapiro focused on securities litigation for two and a half years until becoming pregnant with her first son. She left Dechert in 1958 and, after having two more sons, returned in 1967. In 1971, she lectured at Penn Law about women in the law, and in 1973, she became the firm’s first female partner and specialized in class action. In August 1978, President Jimmy Carter appointed her the first female judge on the U.S. District Court for the Eastern he Hon. Norma Shapiro L’51, the first woman District of Pennsylvania. She took senior status in 1998 but appointed to the U.S. District Court for the Eastern continued serving until her death. District of Pennsylvania, died July 22. She was 87. During her career on the bench, she presided over a “The term ‘trailblazer’ is frequently overused, contentious 18-year-long case about prison overcrowding in but there’s no question that Judge Shapiro was a Philadelphia that resulted in a mechanism for bypassing the bail Ttrailblazer in many ways,” said Robert Heim W’64, L’72. process and releasing people charged with non-violent crimes. He worked with her at Dechert, Price & Rhoads, where she Other notable cases included one that resulted in the closure of became the firm’s first female hire, and eventually, first female Holmesburg Prison and the construction of a new courthouse partner. She was also the first woman to clerk for a Pennsylvania and the Curran-Fromhold Correctional Facility; the development Supreme Court Judge and to serve as a member, and later, of a framework for future policies surrounding incarceration chairwoman, of the Philadelphia Bar Association’s board of gov- planning and implementation processes; and a diversionary ernors. In 1993, she was the first recipient of the Philadelphia Bar program for the mentally ill and drug and alcohol abusers. Association’s Sandra Day O’Connor award, which recognizes female David Richman L’69, who served as lead counsel for the lawyers who use their positions to help other female lawyers. plaintiff in the prison overcrowding case, said while studies showed “She spent an enormous amount of time mentoring younger the rate of recidivism was the same whether bail was skipped or lawyers,” said Penn Law Professor Stephen Burbank, who knew not, Judge Shapiro was still widely criticized for her ruling. her well. “She was a constant source of inspiration to me.” “She was publicly vilified,” Richman said. “I thought the A Philadelphia native, Judge Shapiro left Cheltenham High DA and the press were terribly irresponsible and unfair. I think it School early — she successfully argued that if boys were allowed was difficult, but she always maintained a judicious demeanor.” to leave early for college before serving in the military, girls In another significant case, Judge Shapiro put Chester should get the same privilege. In 1948, she earned her degree Housing Authority in receivership in 1993. Derelict buildings with honors in political theory at the University of Michigan. were knocked down and rebuilt, creating a public housing Of about 300 students at Penn Law, Judge Shapiro was one project that was safer and more sanitary. of nine women, she recounted in an archived oral history. The The judge remained devoted to Penn Law School, serving beginning wasn’t easy. “I was accused of taking bread from the as an adjunct professor and on the board of overseers. She also mouths of the babies of the married veterans. It was absurd,” played a significant role in the creation of the Owen J. Roberts she said in the 2000 account. Memorial Lecture in Constitutional Law. In 2010, Penn Law But things improved. “It was the most intellectually stimulat- School accorded Judge Shapiro its highest honor, presenting ing time of my life,” she said. “I loved law school and the first year her with the James Wilson Award. was sensational.” Judge Shapiro was active in several Jewish and civic She married Bernard Shapiro C’49, M’51, INT’55 before her organizations and also served on the Lower Merion School second year at Penn Law. That school year, she was elected to the Board. Judge Shapiro held several leadership positions with the University of Pennsylvania Law Review and was an assistant legal American Bar Association and won many notable accolades, writing instructor. She graduated third in her class in 1951. both locally and nationally. Back then, faculty selected students for clerkship interviews, She was preceded in death by her husband, Bernard. and an apparent fight about choosing her because she was Judge Shapiro is survived by her sons Finley, Neil and a woman ensued. The argument, she recalled, resulted in a Aaron Shapiro M’87, and seven grandchildren. professor leaving for another law school.
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John “Jack” Holton, Jr. L’41, a World Miriam Nitzberg Silverberg CW’38, 1940s War II veteran and longtime New L’41, a longtime attorney with the London, N.H., attorney, died Aug. 8 Social Security Administration, died at the age of 100. March 10. She was 98.
Mr. Holton grew up in the Mrs. Silverberg was one of four John Wood Jr. L’40, a Bucks County Chestnut Hill area of Philadelphia women in her graduating class at lawyer, died April 5 at the age of 100. and graduated from Chestnut Hill Penn Law. During World War II, she Born in Langhorne Manor, Academy in 1934, where he was worked for the War Department, Mr. Wood graduated from George a four-sport varsity athlete. He Quartermaster Corps. She later School in 1933 and Swarthmore played varsity baseball at Princeton began a long career with the Social College in 1937. After earning his University, from which he gradu- Security Administration. JD at Penn Law, he helped refugees ated in 1938. Mrs. Silverberg is predeceased escaping the Spanish Franco regime After graduating from Penn Law, by her husband, Edwyn Silverberg to southern France in conjunction Mr. Holton started his own law prac- W’35, L’41, and is survived by her with the American Friends Service tice but resigned to enlist in the children Bruce and Susan; grand- Committee. A devout Quaker, Mr. U.S. Navy after the Pearl Harbor children Sarah, Deborah, Bill and Wood returned to the United States attacks. He was assigned to Naval A.J.; and great-grandchildren Leila, to perform alternative service as a Intelligence, volunteered for sea Jackson, Oden and Emmie. conscientious objector. duty, and as an executive officer He was active in the Society of was part of the Normandy invasion. Sidney Apfelbaum L’47, a civic leader, Friends and served on many com- He was on active duty until 1945, attorney and World War II veteran, mittees and held several leadership when he retired as a lieutenant com- died Aug. 25. He was 95. positions, including clerk of the mander. He was in the U.S. Naval Mr. Apfelbaum graduated at the Middletown Monthly Meeting. Reserve until 1955. top of his class at Bucknell University In 1942, he married Jean Mr. Holton then returned to in 1942. His graduation from Penn Robertson Brown, who died in 2011. the practice of law in Philadelphia Law was delayed because of his He began his career working for before moving to New London, four-and-a-half years of active com- the City of Philadelphia, the War N.H., in 1973, where he contin- bat military service with the 69th Labor Relations Board and the firm ued his practice until recently. He Infantry Division in World War II. that is now Duane Morris LLP. In was a member of the American, He was involved in Operation 1953, he started his own practice New Hampshire, New London, Overcast and Operation Paperclip, in Langhorne, which eventually Philadelphia and Pennsylvania bar and in 1946 he transported about became Wood & Floge. associations. He was also a mem- 200 German scientists defecting Mr. Wood served as president of ber of the Lake Sunapee Yacht Club, to the United States, one of whom the Bucks County Bar Association Coral Beach Club, Philadelphia invented the Saturn V space rocket. in 1967, was a Kiwanis member and Cricket Club, Racquet Club of Upon returning home, Mr. a board member of Jeanes Hospital Philadelphia, and American Legion Apfelbaum was admitted to the and Friends Fiduciary Corp. Post 40. He was a previous com- Pennsylvania Bar in 1949 and began He continued serving clients at mander of the Military Order of his own law practice. His son Jeffrey his law firm into his early 90s. He World Wars. joined his firm in 1977, and his loved spending summers on Long Mr. Holton loved creating elab- son Michael followed in 1985 to Beach Island, N.J. and winters in orate garden designs and playing create Apfelbaum, Apfelbaum & Highland Park, Fla. He is remem- squash, softball, baseball and ten- Apfelbaum in Sunbury, Pa., where bered for his kindness, generosity nis (he was ranked in the Seniors they served a number of high-pro- and zest for life. U.S.T.A. tournaments). file clients in the area. Mr. Wood is survived by daugh- He is preceded in death by his Mr. Apfelbaum was also an ter Elizabeth, sons John and Roger, son, John III, and is survived by his assistant district attorney in daughter Susan, seven grandchil- wife of 39 years, Michele; daugh- Northumberland County as well as a dren, six great-grandchildren, a ter Alexandra; stepsons Charles solicitor for Sunbury, the Shikellamy sister and a niece. and Christopher; and grandchil- and Upper Augusta school districts dren Ian, Emery, Charles and Molly. and Rockefeller Township.
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is today Aria Health, the Aria Health Foundation and the Wesley Sidney Apfelbaum L’47 Enhanced Foundation. He was also a member and past president of the Was involved in Operation Frankford Lions Club, Jerusalem Masonic Lodge, the Scottish Rite and LuLu Temple. His sense of Overcast and Operation service continued into his final days, when he sorted and deliv- Paperclip, and in 1946 ered 40 newspapers by walker to the apartment-bound residents he transported about 200 in his building. He loved golfing, cooking and German scientists defecting spending time with his wife of 69 years, Alberta Davis Hess, at Walt Disney World. to the United States, one of Mr. Hess is preceded in death by two grandsons and is survived by whom invented the Saturn V his wife; children Robert Jr., Bruce, Mark and Susan; seven grandchil- space rocket dren and five great-grandchildren.
Kimber Evans Vought L’48, who worked as a Philadelphia lawyer for almost 40 years, died April 5. He was 94. He helped create the Charles Robert Hess L’48, who had a Mr. Vought grew up in Folcroft, B. Degenstein Foundation in 1994, nearly seven-decade law career Pa. He was a graduate of George which has been integral in estab- in Pennsylvania, died April 21. Washington University. While in lishing libraries and art centers. He was 93. college, he served as a U.S. Marine Mr. Apfelbaum was a previ- Born in Philadelphia, Mr. Hess in the 2nd Division in the Pacific ous president of the Sunbury served as a master sergeant in the Theatre during World War II. He Rotary Club, the Pennsylvania Signal Corps during World War II graduated from Penn Law after the Chamber of Commerce and Youth and later graduated from Ursinus war and clerked for a Pennsylvania & Community Center, and the College and Penn Law. Supreme Court justice. Susquehanna Council, Boy Scouts After passing the bar in 1948, After working as a special assis- of America. Mr. Hess began working for two law tant district attorney in Philadelphia, After his son Michael died partners in Philadelphia. The firm Mr. Vought had a 36-year law career and the family firm was dissolved eventually moved to Huntingdon doing a range of civil trial work at at the end of 2015, he became of Valley, Pa., and became Howland, Schnader, Harrison, Segal & Lewis. counsel to Apfelbaum Kula, PC, Hess, Guinan, Torpey, Cassidy & When he lived in Springfield, where he practiced with his O’Connell LLP. Mr. Hess focused Pa., in the 1950s, he was a township granddaughter Brianna and her his practice on preparing wills, set- commissioner, and upon retiring to husband, Michael Kula. tling estates and setting up trusts. Rehoboth Beach in the 1980s, was Mr. Apfelbaum is preceded He particularly liked helping elderly elected mayor. in death by his son Michael and people figure out end-of-life plans, Mr. Vought, a member of The daughter-in-law, Christina. He is and upon moving to a retirement Union League in Philadelphia, was survived by his wife of 67 years, community in Langhorne much also a Mason and is remembered Carole; sons Harry, Jeffrey and later, he became the unofficial pro for his superb storytelling. He loved David; grandchildren Benjamin, bono legal counsel there. golf, reading and traveling. Amy, Marc, Aaron, Brianna, Mr. Hess was an active com- He is survived by his wife, E. Leah and JonSidney; and four munity volunteer, serving on Lee Vought, and his son, Kimber great-grandchildren. the boards of directors for what Allan Vought.
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Philadelphia Parking Authority. and Bruce; five grandchildren; five In that role, Judge Jaffe worked to step-grandchildren; and a brother. 1950s upgrade parking meters to take credit cards and privatized some Sanford “Sandy” Finder L’51, who was of the authority’s lots for efficiency. a Washington County, Pa., lawyer The Hon. Paul Jaffe L’50, PAR’81, a He served on the board until 1996, for more than 50 years, died May 4. Philadelphia attorney who served when he was appointed to the Com- He was 88. two years as a Philadelphia Com- mon Pleas Court, where he heard Mr. Finder grew up in Brooklyn, mon Pleas Court judge, died July civil and criminal cases until 1998. where he met his wife, Saranne 22. He was 88. He then returned to his firm, “Sorky” Weiner. The two married Judge Jaffe graduated from which merged with Schnader Har- in 1948. Dickinson College, and after grad- rison Segal & Lewis in 2000. At that After graduating from Penn Law, uating from Penn Law, worked as time, he became senior counsel to Mr. Finder moved to Washington an associate at Wolf, Block, Schorr the firm. County, Pa., and interned at his & Solis-Cohen from 1950 to 1958. In Judge Jaffe served on the board father-in-law’s law firm. He con- 1959, he and Leon Mesirov started of the American Jewish Committee tinued to litigate a variety of civil the law firm Mesirov Gelman Jaffe from 1990 until his death. He was and criminal cases in Washington Cramer & Jamieson, which grew also a board member and president County for the next five decades. from a firm of two to 125 with loca- of Moss Rehabilitation Hospital Mr. Finder gained a reputation for tions in Cherry Hill, Tampa and and a board member of Jefferson sparing a number of clients from Philadelphia. Judge Jaffe was the Health System. From 1973 to 1976, the death penalty. firm’s managing partner for 35 years. he led the Reform Congregation Mr. Finder was remembered for His expertise was in mergers Keneseth Israel and was named his quick wit and sense of humor, and acquisitions, real estate and honorary president. particularly for his affinity to write corporate law. He represented park- He is preceded in death by his legal-themed musical parodies for ing lot operators in Philadelphia, first wife, Joan Feldgoise. He is sur- bar association dinners. He loved New York, New Jersey and Seattle. vived by his wife, Susan Oppenheim playing tennis and also developed In 1991, then-Mayor Ed Rendell Jaffe CW’64, sons Marc, Richard an enthusiasm for the University of named him vice chairman of the C’81 and Peter; stepchildren Sharon Pittsburgh football team, so much so that he founded the Washington County chapter of the former Golden Panthers booster club. Upon his retirement, he moved to South Carolina in 2002, where Sanford “Sandy” Finder L’51 he served as a contract arbitrator for Financial Industry Regulatory Remembered for his Authority, taught at Furman Univer- sity and occasionally led services quick wit and sense at Temple B’Nai Israel in Ander- son, S.C. of humor, particularly Mr. Finder is preceded in death by his wife of 64 years and two brothers. He is survived by chil- for his affinity to write dren Chuck, Alan and Andrea; a brother; six grandsons; and two legal-themed musical great-granddaughters.
parodies for bar Charles “Charlie” Herr L’51, a long- time Lancaster, Pa., attorney, died association dinners May 15. He was 90. Mr. Herr was born in Lancaster, served in the U.S. Army and grad- uated from Franklin & Marshall College. After graduating from Penn https://scholarship.law.upenn.edu/plj/vol51/iss2/156 PENN LAW JOURNAL FALL 2016 58 et al.: Penn Law Journal: Big Ideas IN MEMORIAM
Law, he went on to practice law in Lancaster for more than 50 years. Peter Liacouras L’56 He retired from Gray Patterson and had also worked at the Appel Herr & Appel law firm. Credited with He enjoyed carpentry, photog- raphy, sailing and fishing. transforming Mr. Herr is survived by his wife, Kathleen “Kathy” Whitney; daugh- Temple University ter Julie Ann Herr; step-daughter Julie Ann Whitney; brothers Eric from a commuter and Larry; and sister Margaret.
Joseph Ewing Jr. L’53, a longtime school to a larger, Philadelphia attorney and Willis- town Township leader, died April 8. more diverse He was 90. Born in Valley Forge, Pa., Mr. and respected Ewing attended Princeton Univer- sity. He served in the U.S. Marine university Corps at the end of World War II in Okinawa, Japan. In 1951, Mr. Ewing married Margaret Converse Howe, and upon graduating from Penn Law, began a 46-year law career at Philadel- George Bernstein W’53, L’56, a the executive search firm Howard phia’s Saul, Ewing, Remick & Saul. business executive who led the Fischer Associates; and as president He focused on health law, emi- expansion of a large Philadelphia of GLB Consulting, a management nent domain, railroad law, law on accounting firm in the 1980s, died consulting firm he operated out of oil and gas production, arbitration Aug. 21. He was 84. his home. and municipal zoning. Born in Philadelphia, Mr. Bern- He served on the boards of He was a founding member of stein attended Central High School Dorman Products Inc., the Albert Waynesborough Country Club in and upon graduating from Whar- Einstein Medical Center and the 1965, and he served on the planning ton and Penn Law, served in the U.S. Mann Center for Performing Arts. commission, zoning board and as a Army. He later joined the accounting He was also a member and former supervisor of Willistown Township firm Laventhol Krekstein Grif- president of the Locust Club. for 22 years. Mr. Ewing volunteered fith, which became Laventhol & Mr. Bernstein loved classical on several boards, including those Horwath in 1967. music, fine art, theater, travel, golf- of Bryn Mawr Hospital, the Phil- Mr. Bernstein headed the firm’s ing and skiing. adelphia United Fund, Pickering management consulting division He is survived by his wife of 62 Hunt and many others. for many years before serving as its years, Phyllis; children Harris and He loved playing tennis, sailing, CEO from 1980 to 1990. In that time, Lisa; and two granddaughters. skiing, gardening and fox hunting, he led mergers with 65 other mid- and he was a Penn Relay officiator. sized accounting firms and made Peter Liacouras L’56, who was At 75, Mr. Ewing became SCUBA- Laventhol the seventh-largest pub- the seventh president of Temple certified and dove until the age of lic accounting firm in the nation. University and is credited with 87. He also enjoyed reading, puzzles Besieged by hostile litigation and transforming it from a commuter and model railroads. a recession in the commercial real school to a larger, more diverse and He is survived by his wife, Margaret, estate industry, however, the firm respected university, died May 12. daughters Margaret Ewing Lloyd, filed for bankruptcy in 1990. Mr. He was 85. Anne Ashton Ewing and Elizabeth Bernstein went on to serve as chief Dr. Liacouras was born in Phila- Ewing Peifer; seven grandchildren; operating officer for the law firm delphia to Greek immigrant parents two great-grandchildren, a sister; two Dilworth, Paxson, Kalish & Kauff- who ran a grocery store in South brothers; and 18 nieces and nephews. man; as chief financial officer of Philadelphia. Three childhood
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CONTINUED FROM PAGE 57 experiences in particular shaped his attitude in seeking social justice: He and his sister, returning to ele- Isabelle Johnston, mentary school after a summer in the sun, were mistakenly directed to the black children’s school. Another an ‘Indispensable’ time, he stuck up for a Jewish fam- ily when the neighborhood held a Assistant to Penn Law march against them. And he was horrified during a senior class trip Deans, dies at 79 when fellow black students weren’t allowed to stay in the same hotels. He graduated from Drexel Uni- sabelle Johnston, who served with uncommon grace as an assistant versity. In addition to his JD from to six deans at Penn Law School, died in June at the age of 79. Penn Law, Dr. Liacouras also earned Johnston worked at Penn Law for 36 years, starting in 1968, his master’s in law and diplomacy before copy machines and computers. Her tools were kindness from the Fletcher School of Law and and solicitude. Diplomacy at Tufts University and IWhen Johnston retired in 2004, then-dean Michael A. Fitts conveyed earned a master of laws at Harvard how significant she had been to the Law School’s progress. By then, Law School, where he was a Ster- there was e-mail. “Isabelle’s work in this office has been, in a word, ling Fellow. indispensable. Her intelligence, intuition, judgment, and commitment He served as an American spe- to excellence underpin much of the work that is accomplished here,” cialist for the Department of State Fitts noted in a schoolwide message. “I, for one, simply could not have in India, was a public defender and done my job without her.” also a special assistant district attor- Other deans felt the same way. In an interview following the ney in Philadelphia. A law professor announcement of her retirement, Colin S. Diver described her in glowing at Temple University, he later served terms, saying that “nothing was too difficult or too easy, too mundane or as Temple Law School’s dean for too challenging” for Johnston. He went on to recall how her boundless eight years before becoming pres- compassion saved him on the day that he learned of his mother’s death. ident of the University. “I put down the phone and cried like a baby,” Diver said. “In fifteen In 1970, he was in charge of minutes, Isabelle had managed to console me, make travel arrange- the Liacouras Committee, which ments for us (he and his wife) to get to Boston, made a checklist of studied why black people were not things for me to do, canceled my appointments for a week, notified gaining admission to the Pennsylva- friends, family, and colleagues, and generally put me back together and nia Bar. Its findings cleared a way for got me functioning again.” more black lawyers to enter the bar. Louis H. Pollak, who died in 2012, also made known his affection for her He was instrumental in integrating when she retired. “Of Isabelle’s many talents, those that are paramount are Temple Law, recruiting 10 African her humanity, her insight, her clear-eyed understanding of people’s strengths American students including Carly and weaknesses, her unfailing ability to draw the best out of everyone, her Singley, who served as the school’s wise humor, and the unfailing honesty and decency with which she lives dean from 1983 to 1987. He also every aspect of her own life and which she expects in others’.” recruited Molefi Asante to begin a Born in Philadelphia, Johnston was a graduate of West Catholic Girls PhD program in the African Ameri- High School. Shortly after, she entered the Congregation of the Sisters, can studies department, which was Servants of the Immaculate Heart of Mary. She left the order to care for a national first. her ailing mother, and found a new home at Penn Law School, working As Temple’s president from as a secretary to Professor Bernard Wolfman, who kept her on when he 1982 to 2000, Dr. Liacouras over- became dean. Five more deans followed his lead. hauled the school’s curriculum, Johnston was preceded in death by her parents and three brothers, built up the physical campus and, Joseph, John, and Robert. She is survived by her sister and brother-in and oversaw Temple’s rise as a law, Catherine and Thomas Lavan; lifelong friends Gloria Watts and college basketball power. Because Susie Satterfield; and sisters-in law Maureen, Judy, and Mary Johnston; of his efforts, the school’s staff and 13 nieces and nephews, and their families. student body grew by 200 percent. Among his other achievements, https://scholarship.law.upenn.edu/plj/vol51/iss2/158 PENN LAW JOURNAL FALL 2016 60 et al.: Penn Law Journal: Big Ideas IN MEMORIAM
he commissioned art students to The Hon. Gerald Garson C’54, L’57 portrayed a serpent and an upside- create the school’s iconic “T” logo. died Feb. 6. down top hat. Dr. Liacouras was a Temple fan Judge Garson, a former New York He married his wife of 59 years, until the end and only stopped State Supreme Court Justice, was Cynthia Steward, in 1956, and after attending basketball games in the “immensely proud of his education graduating from Penn Law, became last year. and his classmates,” wrote his wife, an associate at Morgan, Lewis & He is survived by his wife, Ann; the Hon. Robin Garson. “Gerry was Bockius in Philadelphia. Two years children Greg, Lisa, Stephen and a lawyer’s lawyer and maintained a later, he formed the firm Ringe, Peet James; and three grandchildren. keen legal mind to the end.” & Mason, where he practiced gen- eral corporate law. William Barnes L’57, a Philadelphia Herbert Pressman L’57, a Philadel- In the mid-1970s, Mr. Ringe lawyer and engineer, died Aug. 11. phia lawyer for more than 50 years, co-founded Meditel Inc., which He was 88. died Feb. 25. He was 86. used computer technology in med- Mr. Barnes played football all Mr. Pressman grew up in the ical diagnoses. He left the company through college at Drexel University, Strawberry Mansion neighborhood before it was sold and continued where he studied civil engineering. of Philadelphia and graduated from practicing law part-time until his His first job was with the Ten- Temple University after studying retirement in the early 2000s. nessee Valley Authority, where he accounting. He then served in the He managed the Tennis Farm built dams and power plants as a Air Force as a First Lieutenant in the Inc., a tennis-instruction nonprofit project engineer in eastern Tennes- Auditor General’s Office during the in Berwyn, Pa., his wife started in see and Kentucky. Mr. Barnes was Korean War. After being honorably 1973. Mr. Ringe also coached the part of the Army National Guard, discharged, he attended Penn Law Radnor High School girls’ tennis and served in the Korean War as on the GI bill. team to several championships, an engineering officer. From 1958 to 1968, Mr. Pressman, and he himself won many squash He attended Penn Law after the also a CPA, taught accounting at championships at the Philadelphia war, and upon graduation, joined Temple’s Evening School of Busi- Cricket Club. He loved high school Schnader Harrison Segal & Lewis ness. He and his wife of 59 years, sports and cheering on the Eagles, in Philadelphia. He became a part- Barbara Wapner Pressman, opened Flyers and Phillies. ner at the firm in 1968 and was a a joint law practice in Center City Mr. Ringe was survived by his member of its litigation services Philadelphia in 1973, where they wife, Cynthia; children Thomas III, department and the construction worked for more than 40 years. Mr. Kirven, Katherine and Elizabeth; litigation group. He also worked Pressman, who focused on real eight grandchildren; and a brother. with administrative agencies and estate law, retired in 2014 at age 84. in transportation and family law; In addition to his wife, Mr. Press- Alexander DiSanti L’59, who had a his clients included the Yellow Cab man is survived by daughter Cynthia five-decade law career in Delaware Co. and United Parcel Service. Mr. Schwartz; sons Richard, Craig County, died April 22. He was 81. Barnes retired in 1993, but continued “Chip” and Andrew “Drew”; and Mr. DiSanti was valedictorian to work almost daily until recently. nine grandchildren: Noga, Sasha, in both his West Catholic Prep Active in his community, he was Yael, Robert, Ana, Mika, Cole, Lily and St. Joseph’s University grad- a former president of the Lawyers’ and Ella. uating classes, and he received Club of Philadelphia, a founding full scholarships to St. Joseph’s member of the Roxborough YMCA Thomas Ringe Jr. L’57, a former Navy and Penn Law. and a 25-year board member of pilot, lawyer and businessman, died He clerked for the Pennsylvania Roxborough Memorial Hospital. April 9. He was 88. Supreme Court after graduat- He also served as the head layper- Born in Philadelphia, Mr. Ringe ing from Penn Law in 1959 and son at Wissahickon Presbyterian graduated from Episcopal Acad- then served as counsel to a spe- Church, was a 50-year Union League emy and Dartmouth College. He cial committee — headed by Penn of Philadelphia member, and was became a Navy fighter pilot during Law’s then-Dean Jefferson Ford- involved with the Palestine-Roxbor- the Korean War and was certified to ham — investigating and giving ough Lodge of the Masons. land airplanes on aircraft carriers. recommendations on the operation He is survived by his wife of 65 In 1953, his unit was deployed to of Philadelphia city government. years, Marie Louise; sons William, attack North Korea from the decks In 1961, he entered private practice Jr., and Jonathan; daughter Eliza- of the aircraft carrier USS Antie- in Delaware County and focused beth; and 10 grandchildren. tam. He was the proud designer of on litigation, appellate practice his unit’s signature patch, which
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and estate planning and admin- law firm RatnerPrestia, which today the subjects of child support and istration. He retired in 2013. has four offices. He also wrote and alimony, premarital and marital con- Mr. DiSanti was president of the co-authored several treatise chap- tracts, distribution of marital assets Delaware County Bar Association ters and co-wrote an amici brief and cohabitation agreements. His and representative of the associa- filed in the U.S. Supreme Court articles were cited by the Supreme tion on the House of Delegates of case Parker v. Flook. Courts of Arizona, Connecticut, the Pennsylvania Bar Association He served as president of the North Dakota, Pennsylvania and for two decades. He also served on Philadelphia IP Law Association Wisconsin. Professor Becker was a the advisory committee for para- from 1993 to 1994 and was chair member of the American Bar Asso- legal studies at Delaware County of committees of the American IP ciation Family Law Section, where Community College for 15 years. Law Association and the American he held various leadership positions. Mr. DiSanti was president of the Bar Association in the mid-1990s. He retired in 2011 as an emeritus Delaware County Friendly Sons of Mr. Ratner spent the last 10 years professor but continued to teach. St. Patrick and a member of the of his life with Nancy at their homes Professor Becker loved music Optimist and Toastmasters clubs. in Wynnewood, Pa., and the Berk- and was an active member of the Mr. DiSanti is preceded in death shires, Mass., and visiting family in Open Circle music group at the by his son, Stephen. He is survived by Brooklyn, N.Y., and the San Fran- Mermaid Inn in Chestnut Hill. He his children Alexander, Lynne and cisco Bay Area. also collected folk music and folk- Sybil; grandchildren Alexandra, He is survived by his wife; lore books — his collection was Nicholas and Thomas; and several daughters Amy, Robin and Jody; featured in 2006 at a Villanova relatives. and grandchildren Olivia, Caleb, exhibition called “A Celebration Amicie, Shay and Perry. of Traditional Music of Ireland Robert Kleckner, Jr. L’59, a distin- and Elsewhere in Print.” Professor guished Wall Street lawyer, died Becker recently donated many of June 14. He was 84. his rare collectibles to the Haver- 1960s Mr. Kleckner graduated from ford College Library. Yale College in 1954, was in ROTC He is survived by his wife, and served for two years in Korea. Marilyn; children Eve and Joshua; During his career he worked at Sul- Benjamin Achenbach L’61 died in and grandchildren Hannah, Sasha, livan & Cromwell, Goldman Sachs December. He was 82.Mr. Achenbach Sophie and Aaron. and Johnson & Higgins. had been an attorney at Ross Marsh He had a passion for Russian & Foster in Washington, D.C., and Harry Pinto, Jr. L’64, a longtime history and language, and he was most recently resided in Suffolk attorney in Mendham, N.J., died a member of the University and County, N.Y. June 13. He was 76. Union Clubs. Mr. Pinto, a native of Morris- Mr. Kleckner is survived by Lewis Becker L’61, who taught law at town, N.J., earned his AB from his wife, Carol; children Tony and Villanova University for more than Princeton University in 1961. Susan; and four grandchildren. 40 years, died June 12. He was 78. After graduating from Penn Law, Professor Becker grew up in he began practicing law in Morris- Allan Ratner L’59, a Pennsylvania Feltonville in Philadelphia and was town in 1965 and continued to do intellectual property attorney, died a graduate of Temple University. so for many years with a number Dec. 19, 2015. He was 82. After graduating from Penn Law, he of partners. After graduating from Rensse- married his wife of 51 years, Mar- He moved to Mendham, N.J. laer Polytechnic Institute in 1954, Mr. ilyn, in 1964. in 1968 and was a longtime mem- Ratner served in the U.S. Army Sig- From 1965 to 1968, he worked ber and previous president of the nal Engineering Laboratories. Two as an associate attorney at MacCoy, Rotary Club of the Mendhams. He years later, he enrolled in Penn Law, Evans & Lewis in Philadelphia, was an avid gardener, loved the New where he met his wife of 55 years, and from 1968 to 1972, he worked York Yankees and history, along Nancy Paclin Ratner ED’61, who as an attorney at Davis & Cox in with wine, food and travel. was a Penn undergraduate. New York City. Mr. Pinto is preceded in death Mr. Ratner worked at many Professor Becker joined Villa- by his wife of 35 years, Adrienne, patent law firms after graduating nova’s faculty in 1972. His focus who died about four weeks prior. from Penn Law in 1959, and in 1981, family law and ethics, he con- He is survived by children Joe and co-founded the intellectual property tributed to numerous books on Stephanie and siblings Judith and Richard. https://scholarship.law.upenn.edu/plj/vol51/iss2/160 PENN LAW JOURNAL FALL 2016 62 et al.: Penn Law Journal: Big Ideas
he was later named directing attor- ney of the Santa Rosa office. In the Robert Blank L’65, PAR ’98, ’01, ’03 mid-1990s, he went into private prac- tice, focusing on tenants’ rights and unfair evictions. In that capacity Mr. Former director of several Grabill became the lead lawyer for Housing Advocacy Group, whose publicly held corporations, work resulted in rezoned land for 3,000 units of affordable housing in addition to the privately held and the creation of 80 beds for the homeless. Most recently, Mr. Grabill suc- International Herald Tribune, cessfully fought for rent stabilization and just-cause eviction rules in Santa which is now the International Rosa. He was recognized last year by the Sonoma County Bar Association New York Times for a career of distinction. Mr. Grabill is survived by his wife, Dorothy; children Holly, Megan and Christopher; and five grandchildren.
The Hon. Gregory Pechukas L’69, the longtime director of the central staff Robert Blank L’65, PAR ’98, ’01, Mr. Blank is survived by his wife for the Louisiana Supreme Court, ’03, who had a 45-year career as a of 42 years, Nancy; children Wendy died July 21. He was 71. senior partner at Whitcom Partners, C’98, Samuel C’01 and Matt C’03, Judge Pechukas was raised in died April 30. L’08, WG’08; and grandchildren the Northeast and graduated from Born in Philadelphia, he grad- Grace, Charles, Cecily, Katherine, Yale University in 1966. After grad- uated from Cornell University in Eli, Lila and Noah. uating from Penn Law, he moved 1962. After graduating from Penn to New Orleans where he worked Law, he was an Assistant U.S. Franklin David Grabill L’67, a public for the city’s Legal Aid Clinic and Attorney in Philadelphia and Wash- interest attorney and advocate for then entered private practice. He ington, D.C., from 1965 to 1968. For the poor and homeless, died June 11. moved on to the Louisiana Supreme the next three years, he worked He was 74. Court, where he served for 37 years in the mergers and acquisitions Mr. Grabill was born in Cleve- and was affectionately known as department of Goldman Sachs land, Ohio, and graduated from the court’s “Justice Per Curiam.” and then joined Whitcom, which Yale University. After graduating He received the New Orleans owns and operates newspapers, from Penn Law, he moved to South- Innocence Project’s highest award magazines, TV and radio stations ern California to work with Native in May for his strategic direction and cable systems. Americans and the United Farm of the Supreme Court to prevent He was a director of Toll Broth- Workers union. He then opened regressive decisions. He was car- ers, Inc., and a former director a Venice law practice for low-in- ried from his sickbed to the event, of several publicly held corpora- come clients. where he gave a strong speech to tions, in addition to the privately In 1974, he and his first wife a standing ovation. held International Herald Tribune, purchased a 100-acre farm in West He loved Wagner, bicycle rac- which is now the International New Virginia. As a resident of that state, ing, running marathons, climbing York Times. he helped miners with black lung mountains — including Wyoming’s Mr. Blank was an emeritus trustee conditions and worked with West Tetons and his 14-foot rock wall in of Penn, the Wharton School Board Virginia’s first women’s clinic to his dining room — and walking his of Overseers, Penn Law’s Board of overturn its ban on abortion. many St. Bernard and German Shep- Overseers and a trustee of Penn In 1981, he moved to Santa Rosa, herd dogs uptown over the years. Medicine. He was also a recipient California to join California Rural He is survived by his son, Zach- of Penn Law’s Distinguished Service Legal Assistance, which provided ary Crawford-Pechukas, who has Award and Alumni Award of Merit. services to Central Valley farmers; worked as an investigator for the
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Professor Gerald “Jerry” McAlinn L’79 While at Cambridge, he represented the university in its annual boxing match against Oxford University
Innocence Project for the past Mr. Levine enjoyed teaching in counterpart six inches into the air, several years and recently entered Jewish education, something he did was “a weapon that earned Jerry law school at Washington and Lee. for several years at the then-Solo- the appellation ‘pocket battleship’ He is also survived by his brother mon Schechter Day School, where from the London Times.” Phillip, a nephew and three nieces. he served two years as president, and After receiving his LLM, he at the Jewish Federation of Greater returned to Philadelphia to clerk Philadelphia, where he was a co-chair for the Hon. Leon Higginbotham, of the Jewish Education Committee. Jr., of the U.S. Court of Appeals 1970s He retired in 2007, and as a lover for the Third Circuit. He worked of the fine arts, particularly classi- for Gibson, Dunn & Crutcher and cal opera and music, he became a Anderson, Mori & Rabinowitz; as of Ned Levine L’71, who served at the docent at the Pennsylvania Acad- counsel to Ushijima & Partners; as Defender Association of Philadel- emy of the Fine Arts. in-house counsel with Arco Chem- phia for more than 30 years, died He is survived by his wife, Marian; ical Asia Pacific; as director and April 19. He was 68. children Jonathan and Ely; sib- counsel at Nippon Motorola; and Mr. Levine grew up on Long lings Sheila, Robert and Cheryl; as an arbitrator in resolving interna- Island in New York. He met his and grandchildren Leora, Shulamit, tional disputes for companies. He wife, Marian, at college, where Ariella and Daniel. also served three terms as the gov- they attended what was then the ernor of the Tokyo American Club. State University of New York at Professor Gerald “Jerry” McAlinn Professor McAlinn joined the Binghamton. L’ 7 9, who was instrumental in Keio University Law School faculty They married in 1969, and after building the law program at Keio upon its founding in 2004, and graduating from Penn Law, Mr. University in Japan, died May 2. had since overseen its English lan- Levine clerked for a year under He was 64. guage curriculum. He taught several Judge Paul Chalfin at the Court of Professor McAlinn was a grad- courses and recruited Tokyo’s top Common Pleas in Philadelphia, uate of Temple University. After practitioners as adjunct professors. after which he began his 34-year graduating from Penn Law, he He taught and was a visiting research career at the Defender Association received an LLM from Trinity College, scholar at several other schools of Philadelphia, where he was the Cambridge University as a Gowen in Japan and abroad. Professor longtime chief of the mental health Fellow. While at Cambridge, he rep- McAlinn also wrote and co-authored unit. Mr. Levine was passionate resented the university in its annual several academic works, includ- about serving his clients and com- boxing match against Oxford Uni- ing two casebooks published by mitted to helping the vulnerable. versity. The 1980 Penn Law Journal Carolina Academic Press. He also served on a mental health summer edition reported that 35 He is survived by his wife, commission for former Pennsylva- seconds into the match, his knock- Sachiko, son Kenichiro and daugh- nia Gov. Dick Thornburgh. out left hook, which lifted his larger ter Miki.
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in the Greater Philadelphia Cham- Mr. Tobin returned to Philadel- ber of Commerce, the University of phia in the mid-1990s and worked 1990s Virginia Jefferson Scholars Com- at Pepper Hamilton, LLP and Wolf, mittee, the Committee of Seventy, Block Schorr & Solis-Cohen, LLP, Visit Philadelphia and the Museum where he specialized in corpo- Carl Buchholz L’92, a Philadelphia of the American Revolution. rate transactions and intellectual lawyer, civic leader and developer of Mr. Buchholz is survived by property. In 2000, he joined Astea the U.S. Department of Homeland his wife, Karen Buchholz G’97; son International Inc., a Horsham soft- Security, died May 23. He was 51. Alex; daughter Julia; and a brother ware services company, where he A Philadelphia native, Mr. Buch- and sister. was president, general counsel and holz graduated from the University secretary. In 2012, he was appointed of Virginia. He met his wife, Karen John Tobin W’87, L’92, an attorney to the firm’s board of directors and Dougherty Buchholz G’97, when and software company president, was in charge of the company’s gen- both worked for U.S. Sen. John died July 6. He was 50. eral management, handling legal Heinz. They married in 1991. Mr. Tobin grew up in the Boston affairs and running development After graduating from Penn Law, suburbs and earned his bachelor’s initiatives. Mr. Buchholz clerked for U.S. Dis- degree in economics from Whar- He loved reading, traveling, local trict Judge Anita Brody, and in 1993, ton School in 1987. After graduating theater and music, and he was a he became an associate at Blank from Penn Law, he worked as a cor- regular attendee of the South by Rome. He became a partner in 2000. porate and entertainment lawyer in Southwest (SXSW) film and music That same year, he was a member Los Angeles where he focused on festival in Austin, Texas. of the Bush-Cheney team that lit- legal matters surrounding movies, Mr. Tobin is survived by his igated the Florida vote recount. A TV, music transactions and licensing mother, Corinne; brother, Ed; sis- year later, President Bush appointed agreements. ter, Amy; a niece; and nephews. him to work in the White House as his special assistant for homeland security. Mr. Buchholz worked with former Gov. Tom Ridge to create the administration’s response to Carl Buchholz L’92 terrorism. Mr. Buchholz co-chaired the team that developed the U.S. Department of Homeland Security. A member of the In 2004, he served as Penn- sylvania general counsel to the Bush-Cheney team Bush reelection campaign, and co-chaired the transition team for that litigated the Pennsylvania Attorney General Tom Corbett. Florida vote recount, After returning to Blank Rome, Mr. Buchholz was elected manag- ing partner and CEO of the firm in and later appointed 2006. During his tenure, the firm saw great expansion. He joined to work in the DLA Piper in 2012, and at the time of his death, was managing part- White House as ner of the firm’s Philadelphia office. Mr. Buchholz was a five-year President Bush’s member of Drexel University’s board of trustees and a past board chair- man of the United Way of Greater special assistant for Philadelphia and Southern New Jersey. He was named the organi- homeland security zation’s volunteer of the year in 2011. Mr. Buchholz was also active
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ORIENTATION TOOK ON A PUBLIC SERVICE cast when approximately 150 1L students fanned across Philadelphia to undertake six projects organized by the Toll Public Interest Center. Here a student cleans up a bucolic area just off the Schuylkill River. His classmates went to a food bank, an urban farm, an historic public school in West Philadelphia and a volunteer-run organization that distributes free books and educational materials to prisoners in the Mid-Atlantic and beyond.
PHOTO: CHARLES SHAN CERRONE
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