Duquesne Lawyer magazine, fall/winter 2014

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THE FALL/WINTER 2014

The Duquesne University School of Law Magazine for Alumni and Friends

SPECIAL SESSION: A Tribute to Pennsylvania Supreme Court Chief Justice Ronald D. Castille


THE

DuquesneLawyer is published semi-annually by Duquesne University Office of Public Affairs

CONTACT US www.law.duq.edu lawalumni@duq.edu 412.396.5215 Š 2014 by the Duquesne University School of Law Reproduction in whole or in part, without permission of the publisher, is prohibited.

DEAN

Ken Gormley EDITOR-IN-CHIEF AND DIRECTOR OF LAW ALUMNI RELATIONS AND DEVELOPMENT

Jeanine L. DeBor ASSISTANT, LAW ALUMNI RELATIONS

Estelle Feltovich DIRECTOR OF COMMUNICATIONS

Colleen Derda CONTRIBUTORS

Maria Comas Robin Connors Samantha Coyne Jeanine DeBor Colleen Derda Blair Droskey Estelle Feltovich Richard Gaffney Lauren Gailey Ken Gormley Brennan Hart Kelsey Leonard Rose Ravasio Phil Rice Laurie Serafino Rebecca Silinski Daniel Sodroski Robert Woodside Mark Yochum DESIGN

Miller Creative Group


CONTENTS FEAT U RES A Tribute to Pennsylvania Supreme Court Chief Justice Ronald D. Castille 4 Mary R. Garrubba Bates, L’98: Raising the Bar for Service 6 Building on a Foundation of Gratitude: Scholarship Recipients & the Spirit of Giving

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Duquesne University School of Law Places Third in Pa. Bar Results

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Duquesne Law Presents Retrospective of President Ford’s Pardon of Richard M. Nixon

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Young Alumni Profile: Christopher Murrer, L’09

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Conversations with George Zimmerman’s Lawyer: Race, the Media and the Trayvon Martin Case 18 Fresh Ethics Part II: Recent Amendments to the Pa. Rules of Professional Conduct 20 In Defense of the Third Year: A Rebuttal to the President

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DEPART M ENT S Law School News 14 Faculty Achievements 22 Commencement 2014 26 Alumni 28 Class Actions 30 In Memoriam 34 Student Briefs 37 Career Services 40 ON THE COVER: Front row: Widener Law Professor John C. Dernbach, Dean Ken Gormley, Chief Justice Ronald D. Castille, Interim Associate Dean of Academic Affairs Bruce Ledewitz, Rutgers Law Professor Robert F. Williams, Law Review Editor Laura Veith. Back row: Justice Debra McCloskey Todd, Justice Thomas G. Saylor, Justice Max Baer, L’75, Justice J. Michael Eakin, Justice Correale F. Stevens.

S TAY I N F O R M E D


M E S S AG E FROM T HE DEAN

There are times when places we care deeply about need our help. This is one of those times for your alma mater, Duquesne Law School. Legal education is facing unprecedented challenges across the nation. Enrollments have declined in historic numbers, causing revenues to plummet. Some law schools have reacted by admitting students who are not qualified, just to fill seats, causing their bar passage rates to take a nose-dive and sending them into downward spirals. There is talk that some law schools will close. What has Duquesne Law School been doing during this crisis in legal education? We’ve been advancing. Dramatically. Our rankings in U.S. News & World Report—which previously put Duquesne Law in the unranked bottom tier— have steadily climbed; our 23-place jump in 2014 was one of the largest in the country. Our recent Pennsylvania Bar Exam passage rate—third out of 10, with a 91.5 percent first-time success rate—is remarkable, particularly when considering the larger resources of schools we out-performed. Our Legal Research & Writing program, hosting a national conference in December, is now universally recognized as one of the foremost in the United States. Our Veterans Clinic was just ranked as one of the 15 most innovative legal clinics in the nation. In the past few months, we hosted the Pennsylvania Supreme Court sitting in Special Session; we bestowed an honorary degree on the president of Costa Rica; and we organized two major programs that gained national attention. As I write this message, our Trial Advocacy team just progressed to the semi-finals in the prestigious National Civil Trial Competition in Los Angeles, one of only four law schools in the country to achieve this distinction.

Unwavering University Support How have we accomplished this meteoric rise as other law schools are struggling and sliding backward? First, through the unwavering support of the University—President Charles Dougherty, Provost Tim Austin, the Board of Trustees and the Spiritans. Many universities have severed the life-line and told law schools to fend for themselves. In stark contrast, Duquesne University has recognized that its Law School’s mission—giving students an excellent, ethics-based legal education so they can serve others and society more widely—goes to the very heart of Duquesne’s own historic mission. Thus, the University has stepped forward to financially support the Law School during this period of unanticipated revenue shortfalls, allowing us to maintain our high standards as we continue our incredible momentum. Second, our students and faculty have worked at levels never before imagined. We have set higher and higher goals

Credit: The Philadelphia Lawyer

Meeting the Crisis in Legal Education

of academic achievement and challenged students and faculty to think bigger than ever before. They have responded by outworking and out-performing the competition. Third, our alumni have been our secret weapon. Our Law Alumni Association is one of the most active in the nation, providing practical seminars for law students; assisting them in networking; hiring them for jobs and internships; and creating an endowment for scholarships and to help pay for our innovative new Bar Preparation Program. Our alumni also give their talents as adjunct professors; serve on the Dean’s Advisory Board to help steer our institution; and gather in cities across the United States to expand the reach of our potent alumni network. During the six years I’ve been privileged to serve as Interim Dean and Dean, I’ve tried to be judicious in asking for financial contributions. My philosophy is that Duquesne Law School alums know their own hearts, and will do their very best to help given their unique circumstances and financial means. At this moment in our history, though, I can tell you directly: If ever there is a time for you to step forward to help your alma mater, it is now.

Call to Excellence On page 3 of this magazine you will see a summary of our new “Call to Excellence Fund” campaign. Please read it. Consider how you can push yourself further than in the past, to make a significant contribution to your Law School during this time of unprecedented financial challenge. You can designate your gift for any of the important priorities listed on that page, or for anything else that you deem a high priority. If you are able to consider a major gift—such as naming the new auditorium ($300,000) or naming the library or one of the large classrooms in the Law School—please pick up the phone and call me directly. As enrollments continue to decline, and as we work hard to maintain our standards in the face of continuing economic (continued on page 41)

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SCHOOL OF LAW

Will You Answer the Call to Excellence? The only thing more difficult than achieving excellence is sustaining it. That’s especially true for law schools—and their students—today.

Gifts to the Fund will support these and other initiatives:

Fewer applicants lead to declining enrollments, in turn resulting in reduced operating revenue. Many schools respond by raising tuition. Students graduate with more debt as they enter a shrinking job market. Word gets around, discouraging even more applicants from pursuing legal studies.

Increasing scholarships to allow highly qualified students who wish to attend Duquesne Law School—including those from diverse backgrounds—to do so during difficult economic times…

It’s a vicious cycle—one from which some law schools won’t emerge. Those law schools that endure will share several common traits. They will be grounded in history and tradition, yet fle xible and innovative enough to adapt to changing times. They will build upon their core values and distinctive assets to set themselves apart from competitors. And perhaps most importantly, they will advance thanks to generous financial support from loyal alumni and friends. Duquesne University School of Law has persevered through the Great Depression, World War II, and the social and economic upheaval of the 1960s and 1970s when many peer institutions closed their doors. We are stronger than ever—rising in the U.S. News & World Report rankings to #121, with even higher accolades for our Legal Research and Writing (#12) and Part-Time programs (#48). The National Jurist ranks us fourth among its “Best Value Private Law Schools.” And we just ranked third out of 10 law schools in performance on the Pennsylvania Bar Exam—a phenomenal achievement. But we are not immune from the external forces at work. We must vigorously pursue targeted initiatives, such as those described at right, that keep us ahead of the storm. All of these build upon the historic strengths of Duquesne Law. All of these set us apart from regional and national competitors. And again, all of these will require unprecedented financial support from alumni and friends like you. The Call to Excellence Fund will address these imperatives. This is not an endowment, but rather strategic funding that will be immediately put to work addressing critical needs. Your contribution will help the Law School not only survive, but thrive, through the challenges facing legal education today. This is the time…we need your support now more than ever. Please respond to this extraordinary appeal with a gift to the Call to Excellence Fund today.

Supporting Moot Court teams so they can continue to travel and compete nationally… Establishing new clinics to provide the experiential education that employers demand… Developing national and international externships and fellowships that will increase students’ practical learning options in other cities and countries while defraying their living expenses… Expanding and intensifying our Bar Exam Preparation programs to give every student the chance to excel… Presenting major events and lectures that draw national figures and attention to the Law School… To learn more or make a gift, contact Jeanine DeBor, Director Law Alumni Relations & Development 412.396.5215 deborj@duq.edu

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11/7/14 2:27 PM


SPECIAL SESSION: A Tribute to Pennsylvania Supreme Court Chief Justice Ronald D. Castille Daniel P. Sodroski

Chief Justice Ronald D. Castille

From left: Justices Stevens, Baer, Saylor, Castille, Eakin and Todd.

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There is no doubt that Duquesne University School of Law is increasingly developing a national presence. Indeed, located in the heart of Pittsburgh, it has become one of the Commonwealth’s most influential legal institutions. One of the many opportunities Duquesne University School of Law has to serve this Commonwealth and its law practitioners is by being a leading and cutting-edge source of developing Pennsylvania law and by commenting upon those developments. With the focus on Pennsylvania law in mind, the Duquesne Law Review sought a theme for Volume 53, spring issue. During this process, Duquesne Law Review learned that Chief Justice Ronald D. Castille, after decades of public service, was stepping down from his position. Considering Chief Justice Castille’s long-standing dedication to state constitutional law issues, the Duquesne Law Review unanimously agreed that the topic for the


From left: Patrick Sorek, Esq.; Chief Judge Joy Flowers Conti; Laura Veith; and Dean Ledewitz.

spring issue was decided by fate. We cannot think of a better way for the journal to celebrate the Commonwealth and the Chief Justice and to bolster Duquesne Law’s place in Pennsylvania jurisprudence. On Oct. 7, 2014, Duquesne University School of Law, in conjunction with the Duquesne Law Review, hosted a special session of the Pennsylvania Supreme Court as a tribute to Chief Justice Castille. During the symposium, Duquesne Law Dean Ken Gormley and three nationally prominent law professors, each specializing in aspects of state constitutional law, spoke on behalf of Chief Justice Castille’s former judicial opinions and his impact on state constitutional law. Each speaker observed that, since Chief Justice Castille assumed the position as head of this nation’s oldest court in January 2008, he paid special concern to issues that affected the lives of others. Chief Justice Castille was famous for refusing to make preordained decisions based on political ideology or political party background, instead choosing to tackle even the hardest decisions with the welfare of this Commonwealth’s citizens as his top priority. While each speaker recounted numerous memorable opinions authored by the Chief Justice, I reflected on my own encounter with the Chief Justice’s judicial authorship. During my tenure as a junior staff editor, I wrote an article on a Pennsylvania constitutional law issue: “Are Pennsylvania’s criminal contempt statutes constitutional after Commonwealth v. McMullen?” In his concurring opinion, Chief Justice Castille emphatically upheld the judiciary’s inherent authority to punish individuals for criminal contempt, stating that the legislature “cannot dictate to the courts what is adequate punishment to vindicate a court’s authority.” It is clear that Chief Justice Castille firmly believes that trial courts, because they are subject to judicial review, must be able to freely exercise their contempt power. In that belief, the Chief Justice correctly balanced the natural tension between the General Assembly and the courts of this Commonwealth. For a Pennsylvania native and hopeful practitioner before the Pennsylvania Supreme Court, meeting Chief Justice Castille and his co-justices was nothing less than awe-inspiring. While

the Supreme Court convenes in Philadelphia, Pittsburgh and the Commonwealth’s capital several times every year, those sessions are often spent with justices listening to oral arguments or behind closed doors discussing administrative needs. Being offered the rare opportunity to witness a special session of the Pennsylvania Supreme Court was a once-in-a-lifetime experience for any law student. I believe I speak for the entire Duquesne Law Review staff when I say that working on this issue dedicated to Chief Justice Ronald Castille is a rewarding experience and an absolute privilege. Additionally, as a contributing author, I am truly honored to be published alongside prominent legal scholars in the field of state constitutional law. The Duquesne Law Review thanks Chief Justice Castille, the Pennsylvania Supreme Court, the speakers and the Pittsburgh legal community for participating in this special session. We look forward to the excellent scholarship that this topic will produce. Daniel Sodroski, a third year law student, is the executive editor of Volume 53 of the Duquesne Law Review. 1. 961 A.2d 842 (Pa. 2008). Or, in other words, does the General Assembly’s legislating criminal contempt violate the Pennsylvania Constitution? 2. Id. at 854.

Students from the Law Review with Castille: Sodroski, Russell Bopp, Amanda Knorr, Laura Veith, Spencer Anderson and Brandon Betts.

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Mary R. Garrubba Bates, L’98: Raising the Bar for Service Phil Rice, Contributing Writer

The School of Law Mission Statement emphasizes that lawyers from Duquesne will not only possess superlative professional skills but also “a special sensitivity to ethical and moral concerns.” Such wording may sound like mere window dressing to some ears, but indeed it is asserted without any reservations and is taken quite seriously as a hallmark of the Duquesne education. Perhaps no one better exemplifies this sensitivity more fully than Mary R. Garrubba Bates, L’98, who has dedicated her career to serving and giving. Mary has found a way to use her law degree and talents in a manner that allows her professional career and her commitment to service to complement and strengthen each other—and all for the greater good of the world around her. The City Mission is a homeless shelter with over 100 beds for men, women and children. Located in Washington, Pa., just 6

THE DUQUESNE LAWYER

a few miles south of Pittsburgh, the shelter has found a tireless advocate in attorney Mary Bates. “I started as a volunteer, and I was on the board of directors. Then I was hired to be the in-house counsel for the shelter. There are five thrift stores in addition to the residences, so I was hired to help with contracts, leases, employment law and other legal issues,” she says. But Mary was not the sort to stay hidden away in an office. She remained personally active with the primary purpose of the shelter. “At the City Mission, our purpose is to share Christ—to shelter, to heal and to restore the homeless to independent living without discrimination,” she explains. “It’s not just a handout— it’s a structured rehabilitative program. We’re different from other shelters because we provide full-circle recovery, including counseling, case management, a medical clinic and a legal clinic.” While her own involvement began during the past decade, she is


“Every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged.”

very aware of the long-term work and service that paved the way for the current offering. “The shelter’s been around for well over 70 years; it’s a successful combination of services that we offer to help people.” Her presence at the mission and her willingness to participate and serve at every level led to the founding of The Legal Clinic that she now oversees. “Residents would walk up to me and say, ‘Hey, aren’t you the lawyer? Well I need a PFA’ or whatever they were dealing with at the time.” Although she had very little direct experience with the issues being dropped in her lap, she enthusiastically embraced the challenge. “I had been a corporate lawyer for my entire career and often didn’t know the answers to their legal questions, but I couldn’t turn them down. I found the answers.” As her involvement increased, she envisioned ways to more effectively serve the needs of the residents. “About six years ago, I mentioned to our executive director at the time, Tom Schaeffer, that I was staying after hours to help with these legal issues, and I suggested that we make it part of our program. He agreed, and that got the ball rolling for what became The Legal Clinic.” The City Mission now had an enormous void filled. The majority of people seeking help from a homeless shelter face a complexity of legal issues that contribute to their current circumstances and create significant barriers to independent living. The Legal Clinic seeks to eliminate those barriers by providing Samaritan legal services based on Biblical principles to City Mission residents to empower them to change their world. While calling the venture “The Legal Clinic” seemed appropriate and logical, the name also presented an appropriate acronym: TLC. In the mind of its founder, though, the title was intended as a temporary label. “I named it TLC because my hope has always been that an attorney from a big law firm would say ‘Hey, we ought to fund and support this clinic,’ and then the clinic could be named after the sponsoring law firm or attorney.” The idea of obtaining sponsorship is directed toward

the betterment of the clinic, but as with all such generosity, the betterment flows both ways. “The success stories that belong to the clinic, the awards and other positive associations, would also belong to that law firm,” Mary explains, adding, “We just want to help as many people as we can, and such a sponsorship would greatly help us toward that goal.” Although she gives an enormous amount of time and energy to The Law Clinic, she is quick to make it clear that she is not alone in the venture. “I have two wonderful volunteers: Bill Speakman of the firm Speakman, Riethmuller, & Allison, and fellow Duquesne alum, David Rundquist, L’87. David was 2012 co-Pro Bono Attorney of the Year through the Washington County Bar Association based on his work at TLC. Both of these gentlemen are attorneys who really give of themselves outside of their own private practices.” In 2011, the Washington County Veterans Court was implemented to identify, treat and supervise military veterans who enter into the criminal justice system. This development provided The Legal Clinic at the City Mission with more opportunities to serve, working directly with the Veterans Court to assist any veterans who may come to the homeless shelter in need of legal aid. Among the related projects is “Wills for Heroes,” a pro bono program sponsored by the Washington County Bar Association in which attorneys prepare wills for military veterans as well as police officers and firefighters. The Pennsylvania Bar Association has also implemented a program called “Lawyers Saluting Veterans” through which members handle pro bono cases in their areas of expertise for Pennsylvania’s military veterans, and of which Mary is a volunteer. Mary Bates is in the thick of all of these programs and more, either as a participant or as a leader. “Attorneys are required to do a certain number of continuing education credits every year in order to keep their license, and I teach a continuing legal education class called The Serving Lawyer in which I teach about the Pennsylvania Rules of Professional Conduct, specifically Rule FA L L / W I N T E R 2 0 1 4

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6.1 on pro bono legal services.” Rule 6.1 states that “every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged.” For Mary, this simply means providing professional legal service to people who are indigent or who have modest means. She doesn’t just give pro bono work an obligatory nod— she embraces it with a passion. “Our attorneys—not only in Washington County but in the state of Pennsylvania—are very interested and active in pro bono activities and giving back. We do another program called ‘Law Suits Wanted’ clothing drive.” The play on words helps draw attention to the project, and the result is the collection of suits and other business clothing that the homeless residents of the City Mission and other needy people can wear to court. Mary also initiated and oversees the annual Pro Bono Law Day at The Legal Clinic. “I wanted to get attorneys excited about doing pro bono work, and I thought that if I could bring them onto the campus of the homeless shelter, they would get to see what the City Mission is all about.” Local attorneys are invited for a tour and lunch, and they also receive four continuing legal education credits. The donation request is only $25, 100 percent of which goes to help support The Legal Clinic. The uncompromising commitment to service is something which in her experience is strongly identified with her alma mater. The Mission Statement of the School of Law resonates in her career, and she is consciously aware of the connection. While her work clearly illustrates that she has emerged as a lawyer with a “high degree of professional skill and a special sensitivity to ethical and moral concerns,” Mary is especially aware of the statement’s concluding line, “for the good of individual clients, for the betterment of society, and in furtherance of justice.” In the context of her own career, she boils it down philosophically to a single statement: “Simply stated, pro bono work is in the interests of justice.” Among her most profound influences from her years at the Law School was Dr. Sam Astorino. “He was particularly loved

by the students because of his giving heart, his patience and his willingness to listen. Dr. Astorino would spend hours with us, sitting after class, helping us understand and learn. He was one of the kindest, most giving professors, and he passed that along to his students.” Duquesne remains close to her heart and to her life’s work, and she maintains a strong interest in becoming connected with the clinic at the School of Law and encourages law students to come in and do internships at the City Mission. “Last summer I had my first legal intern from the Law School, LuAnn LaCava. She would come to The Legal Clinic and sit with the clients, listen to their stories, help them with their cases. She was an exceptional representative of the Law School.” As would be expected given her dedication to serving, Mary has some solid words of advice to the current Duquesne students: “Give your time by doing pro bono work. You’ll quickly learn that with pro bono work you receive much more in return. There’s something out there for every attorney. You can give back. You can even do it while in law school.” In addition to her full-time job as counsel at the City Mission and her numerous pro bono activities, she is chair of the Washington County Bar Association Pro Bono Committee and on the board of the Christian Legal Society of Southwest Pennsylvania. She received the prestigious Lewis J. Goffman Award from the Pa. Bar Foundation and the National Legal Services Corporation Award for her founding of The Legal Clinic, and she is the co-winner of the 2014 Pro Bono Attorney of the year for the Washington County Bar Association. While she appreciates the recognition, her focus remains on the greater good. “The awards are exciting because they bring recognition to the shelter and to the legal needs of the homeless.” The art of giving seems like a natural trait for Mary R. Garrubba Bates, but in fact it is nourished by a ceaseless devotion to hard work and an abiding faith. And for Mary, the reward is in the action. In her own words, “God blesses you when you are not concerned with ‘what am I going to get’ but instead are concerned with giving your talents to those in need.”

In the context of her own career, she boils it down philosophically to a single statement: “Simply stated, pro bono work is in the interests of justice.”

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Building on a Foundation of Gratitude:

Scholarship Recipients & the Spirit of Giving Phil Rice, Contributing Writer A steady hallmark of the Duquesne School of Law is the manner in which alumni and other benefactors stay involved in keeping the school thriving today while building toward tomorrow. The generous spirit of “those who came before” is especially alive in the scholarships being offered to deserving incoming and returning students for whom the pursuit of a law degree might otherwise be unfeasible. The recipients are carefully chosen for academic merit and accomplishment, as well as the demonstration of a passion for the study of law. The success of the awards is self-evident. The benefactors often specify a particular trait or characteristic to single out prospective students. Among the most recently established scholarships and awards for students at the School of Law are the Mary Grealy Endowed Scholarship, the Reginald Robosson Law Scholarship for a Woman’s First Year Academic Achievement, the Judith A. Kasdan Memorial Scholarship, and the Zeno and Thomas Fritz Endowed Scholarship. As the 2014-2015 academic year gets underway, the deserving students are graciously making the most of this generosity, each bringing a different story along with a shared commitment to the study of law. The Zeno and Thomas Fritz Endowed Scholarship is given to a law student based on need, merit and service to law. The scholarship was established by Dr. William Fritz—son of Thomas Fritz, L’64, and grandson of Zeno Fritz, L’26—and his daughter, Kristine Fritz, L’06. This is an extension of the original Zeno Fritz Scholarship Award. Brook Dirlam, this year’s recipient, wonderfully exemplifies the traits which Zeno and Thomas Fritz embodied. Brook hails from Brook Dirlam the town of Honesdale in Northeast Pennsylvania. He earned a B.S. in crime, law & justice from Penn State with minors in business and labor studies & employment relations. This past summer he began working as a research assistant for Professor Bruce Ledewitz and for the Myers Law Group, LLC, under the supervision of managing partner Jeffrey Myers, L’ 00. “Law was always something I was interested in,” Brook relates. “Honesdale is the county seat of

Wayne County, so the courthouse was right downtown. During my senior year of high school, I had the opportunity to shadow a group of attorneys at a general practice law firm. This experience really solidified my interest in the field of law.” Not surprisingly, he first considered staying at Penn State for law school, but he was ultimately drawn to Duquesne. “I felt that Duquesne’s location in Pittsburgh would offer me many opportunities while attending school, and I knew of Duquesne’s strong alumni network.” On his first visit to Pittsburgh, Dean Gormley was out of town, so Brook met with Associate Dean Jane Moriarity. “We had coffee and talked about Duquesne and my interests. A couple of days later, Dean Gormley called me. After talking with both of them, it was clear to me that Duquesne was a school that was really interested in their students. I was very impressed.” The positive impression obviously went both ways. A few weeks after their first conversation, Dean Gormley contacted Brook again, this time to present him with the Zeno and Thomas Fritz Endowed Scholarship. “I am very grateful for the scholarship because it allows me to dedicate more time to my schoolwork and pursuing internships without constantly worrying about finances.” And he really feels a sense of home in his new environment. “I plan on staying in Pittsburgh after graduating. The city of Pittsburgh has really grown on me and I feel that the opportunities here are endless.” Brook’s ambition is clearly Pittsburgh’s—and Duquesne’s—gain. When Mary Grealy, L’78, established an endowed scholarship to be awarded annually to an academically talented second- or third-year student, she had a vision “to help someone broaden their own horizons and make a difference.” Ruben Cruz is the very worthy 2014 recipient of the Mary Grealy Endowed Scholarship. Hailing from Miami, Fla., Ruben received his undergraduate degree from the Universidad Metropolitana in San Juan, Puerto Rico, and earned an MBA from the University of Dayton, but the leanings toward business soon gave way to a new pursuit. “My time at the CDC working with City of New York and HHS attorneys on the development of the new World Trade Center Health Program made me Ruben Cruz FA L L / W I N T E R 2 0 1 4

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realize that law is a dynamic and exciting field,” Ruben recalls. “This experience, coupled with my existing interest in health law, inspired me to pursue a career change.” Duquesne caught his eye because of the Law School’s core mission of developing lawyers with strong ethical and moral concerns, and he was further attracted by the school’s promotion of public service careers for their graduates and the strong Western Pennsylvania alumni network. His demonstration of commitment to public service and strong interest in health law, combined with superlative academic achievement, led to his receiving the Mary Grealy Endowed Scholarship. He is especially grateful for the award because it “helps offset the high cost of pursuing the degree.” Once armed with that law degree, Ruben aims to become more involved with the implementation and evolution of the Affordable Care Act while participating in national health law and policy. More specifically, he would like to “one day litigate in federal courts as a Department of Justice attorney or assistant U.S. Attorney.” Ruben’s lofty goals, undoubtedly attainable for a student of his dedication and talents, will place him in good stead with the Duquesne alumni who have preceded him in those very positions. Gwendolyn Robosson, L’81, initiated the Reginald P. Robosson Law Scholarship for a Woman’s First Year Academic Achievement to honor the memory of her father. The scholarship is given to a full-time day student who has completed her first year in the top 20 percent of her class. Pennsylvania native Emily Bittle is the much-deserved first recipient. Emily received a B.A. in English with a minor in Spanish from Duquesne, and in the process participated in the University’s 3/3 program, which Emily Bittle allowed her to earn her English degree in three years and begin law school in her senior year. “My grandfather was an assistant DA for many years prior to becoming a Pennsylvania state representative and later a lobbyist in Harrisburg, Pa., which sparked my interest in the law,” Emily recalls. “I chose Duquesne because of the 3/3 program, and because I liked the city of Pittsburgh.” Her strong work ethic and academic merit greatly contributed to her receiving the Robosson scholarship, an award for which she is extremely grateful. “The scholarship is important to my career because I’ve invested a lot in my education over the past six years, and although I’ve always worked a part-time job through undergrad and law school, I greatly appreciate any help in paying for my education.”

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Emily plans to work as a first-year associate at K&L Gates after passing the bar, adding “I would like to focus my practice on energy law, specifically litigation in the oil and gas industry.” And she will also be carrying the proud tradition of the School of Law forward as she progresses in her career. The Judith A. Kasdan Memorial Scholarship provides financial support to a Duquesne law student who demonstrates significant financial need in combination with a commitment to public service and social justice. Judith Kasdan (1946-2013), a 2003 graduate of the School of Law, had a great passion for helping others and entered the Duquesne School of Law at age 53 to gain the tools and knowledge to better serve those in need. The first recipient of the scholarship honoring her life of service is Fayezeh Haji Hassan. Fayezeh Haji Hassan Fayezeh is from Iran, and also lived in Afghanistan for many years. There she worked for various humanitarian groups, including the United Nations Assistance Mission and Christian Aid. As an undergraduate she majored in international and global studies at Vermont’s Middlebury College, one of the oldest and most respected liberal arts colleges in the United States. Her father, a political activist for religious minorities in Iran, inspired Fayezeh to seek a law career. Duquesne caught her eye because of the intimacy afforded by the professor-to-student ratio, and, as Fayezeh says, “the rigorous program that would challenge me intellectually.” The generosity of Duquesne and the Kasdan family is something for which Fayezeh is extremely thankful. “There is no way that I can afford my education in the U.S., considering that I am an international student. This scholarship means being able to achieve my dreams, and it motivates me even more to give back in the future.” Among the goals she has set to achieve that ambition is “to become a legal adviser for the department of state, especially on Middle East issues.” The late Judith Kasdan would no doubt approve of Fayezeh’s commitment to serving and improving the world. The financial realities that mark the pursuit of a law degree can be monumental obstacles, but the Law School continues to build upon its strong foundation of supportive alumni and its history of attracting hard-working law students with an unwavering commitment to the study of law. The availability of scholarships and awards is a profound example of how the past and present come together at the Duquesne School of Law to nourish the advancement of dedicated, passionate law professionals—at home and around the world.


Duquesne University School of Law Places Third in Pa. Bar Results Richard Gaffney, Interim Associate Dean of Administration and Director, Bar Services A total of 141 Duquesne University School of Law graduates passed the challenging Pennsylvania Bar Examination in July 2014 as first-time takers, achieving a pass rate of 91.5 percent. This result placed Duquesne third out of 10 Pennsylvania area law schools, behind only the University of Pennsylvania and Villanova University. The July 2014 pass rate is the highest that Duquesne has accomplished in six years, and exceeds the Pennsylvania state average pass rate (82.43 percent) by nearly 10 points. This marks the eighth time in the last nine years that Duquesne has exceeded the state average. One hundred forty-one of 154 Duquesne graduates passed the exam on their first attempt. Six additional applicants, who were taking the exam for the second or later time, also passed. Dean Ken Gormley attributed the remarkably strong results to the hard work of the students who graduated in 2014 and to the dedicated efforts of the School of Law faculty and the unwavering support of the University. “We are proud of our students and proud of our Law School. We made it a top priority to make sure that all students were thoroughly prepared for the bar examination so that they could be practice-ready as soon as they graduated,” said Gormley. “The hard work of our students a nd faculty has made this remarkable achievement possible. It provides further evidence that Duquesne’s School of Law has established itself as a premier institution in Pennsylvania and nationally.” In addition, Anya Lernatovych, a 2014 cum laude graduate from Duquesne’s evening division, achieved the highest essay exam score in the state. Lernatovych earned a perfect score on one essay and accumulated a total of 181.144 points, well above the state average of 144.27 points. Her score was higher than 1,980 other applicants from 141 law schools, including Harvard and Yale. As a law student, Lernatovych served as business manager for the Duquesne Law Review (Volume 52), and she received the CALI Award for Academic Excellence in Duquesne’s nationally ranked Legal Research and Writing Program. She graduated summa cum laude from Duquesne in 2009 with a bachelor of arts in international relations and a bachelor of science in international business.

A native of Lviv, Ukraine, Lernatovych is currently an associate at the Pittsburgh office of Reed Smith, where she was a summer intern last year. She resides in Uptown Pittsburgh. Duquesne School of Law offers two courses in its academic curriculum that students Anya Lernatovych can take during their final academic year to help them prepare for the bar exam. Duquesne created the Core Competencies for Legal Practice course in 2012 so that every Duquesne graduate will be prepared to pass the bar examination on their first attempt, and to reinforce the fundamental legal doctrine and skills needed to practice law. The course was designed to enable Duquesne students to be practice-ready and to give them an advantage over graduates from other law schools. The Core Competencies course helps students in their bar preparation by combining lectures on the substantive law with exercises that require application of legal principles in a problem-solving approach that challenges students to do more than just memorize the “black letter” law. It causes them to think about how to analyze and apply the law to solve the types of problems faced by practicing lawyers, and to solve the types of problems they will encounter on the bar exam. The second course, Remedies at Law and Inequity, is a study of various equitable remedies, defenses, restitution and damages for breach of contract and for tortious conduct. Taught by two of our most seasoned and distinguished professors, this capstone course synthesizes legal principles in a way that completely rounds out the Duquesne educational experience. Graduates who took Core Competencies and Remedies have reported that the courses provided a substantial head start on their summer bar preparation by extensively reviewing fundamental legal principles tested on the bar exam—the “black letter law”—and by rigorously applying those principles in class discussions and practice exercises. Duquesne’s Bar Services Department is committed to helping students and graduates earn law licenses and enter the practice of law.

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Duquesne Law Presents Retrospective of President Ford’s Pardon of Richard M. Nixon Colleen C. Derda, Communications Director

In a dramatic moment, Benton Becker stood and explained how Richard M. Nixon ended the series of meetings in a small office in San Clemente, Calif. “I wanted to give you something,” Nixon said to Becker, “but they took it all away.” As special counsel to President Gerald R. Ford, Becker was sent to Nixon’s California retreat to negotiate the famous pardon granted 40 years ago. Duquesne University School of Law invited Becker and other distinguished guests involved in the history of the pardon to a special retrospective, held on the anniversary of Ford’s announcement. The program was the only one of its kind in the country. Becker was joined by Jill Wine-Banks, former assistant Watergate special prosecutor—and the only woman—who tried the obstruction of justice case against Nixon’s top aides. WineBanks was involved in debates about indicting Nixon before and after his resignation and pardon. Also on the Duquesne panel was Timothy Naftali, the former director of the Richard M. Nixon Presidential Library and Museum who oversaw the release of an estimated 600 hours of Nixon tapes. University President Charles J. Dougherty welcomed the more than 400 guests in the Power Center Ballroom, and Dean Ken Gormley, who organized the program, introduced the panelists. Gormley and Pittsburgh Post-Gazette Executive Editor David M. Shribman moderated the ensuing discussions. The Pittsburgh Post-Gazette co-sponsored the event and reception and advertised the historic program.

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The executive editor and dean joined forces in advance of the Sept. 8 retrospective to write an op-ed for The Wall Street Journal, “The Nixon Pardon at 40: Ford Looks Better Than Ever.” In the piece, Shribman and Gormley argue that although the nation was surprised at Ford’s decision, today many people feel that the former president was right in granting it. Benefits of the pardon, the op-ed detailed, included the former president’s legal admission of guilt and the preservation of White House records. The Duquesne audience was riveted by discussions about Nixon’s admission of guilt. Becker talked at length about his research into pardons, and how when Nixon finally accepted the pardon agreement at the San Clemente compound, he legally admitted his wrongdoing. Becker agreed, however, that the nation never fully understood nor gave Ford credit for accomplishing this. The pardon also resulted in the preservation of the White House records when Ford refused to let Nixon’s trove of documents and tapes leave the White House. At the same time as the pardon, Ford secured a deed of gift to keep the materials under the control of the government. Becker negotiated the deal whereby Nixon retained access but surrendered custody of the items. Naftali, the former Nixon Presidential Library and Museum director, discussed his work archiving the voluminous number of records and tapes. The Watergate expert is recognized nationally for his archive work and for presenting an objective portrait of the Watergate scandal at the Nixon Museum. Naftali started


“I wanted to give you something,” Nixon said to Becker, “but they took it all away.” off the program by providing an overview of the scandal and Americans’ perceptions of it and the pardon. He later offered his personal opinion that Ford’s pardon of Nixon was needed to heal the country, yet he questioned if citizens would have been better served if the pardon had followed an indictment. Wine-Banks offered an insider’s perspective to debates in the Office of the Special Prosecutor over whether Nixon should be indicted or named as an unindicted co-conspirator for the cover-up. Wine-Banks said she and other young prosecutors were in favor of an indictment and later “were outraged” when they learned of the pardon. Time, she said, has provided her with the opportunity to see the wisdom of the pardon. Audience members were treated to not only personal recollections from the panelists but also multimedia presentations that made the early 1970s come alive. Gormley assembled several videos for the occasion, including CBS News and ABC footage shot during the dramatic days of the pardon announcement. The event later featured short takes from Gormley’s 1999 personal interview with former President Ford. The tape allowed the audience to hear what Ford himself had to say about the pardon. The Sept. 8 program also featured a video that Ford’s son Steve recorded for the Duquesne program. The fourth video was recorded this year by Tom Brokaw, now a special correspondent for NBC News. Shribman reached out to Brokaw, asking him to reflect on his memories of the pardon. The resulting video captivated the audience with the then-anchor talking about being at a Sunday brunch when the word came down that Ford was planning to announce the pardon. “Tables overturned with people rushing to get to the office and the White House to file the story,” he recalled. Brokaw made it to the White House that morning and reported that the calls

there and at NBC News were almost universally critical of the pardon. However, in the video Brokaw states that, in retrospect, Ford’s decision to quickly put the Watergate events and the disgraced president in the country’s past served Ford well “as a man and as a politician.” It was clear, Brokaw said, that Ford “had no hidden agenda.” Ford’s reputation, Brokaw said, will be unsullied in history. “People will find him as a very competent caretaker who found himself in the highest office in the land in the most unexpected circumstances.” Many in the audience considered President Gerald R. Ford in a new light after hearing the gripping story of the pardon negotiations and learning new facts about the unprecedented action Ford took on Sept. 8, 1974. Some of these facts had been lost to history, but were brought to light by Duquesne University School of Law on Sept. 8, 2014. The Ford-Nixon Pardon Retrospective was made possible through the Abraham S. and Edythe Fingold Fund, which supports special programming at the School of Law. Abe Fingold was a 1926 graduate of the School of Law.

From left: Dean Gormley, Naftali, Shribman, Wine-Banks, Becker and President Dougherty.

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L AW S CHO O L NEWS

President of Costa Rica Receives Honorary Law Degree The School of Law presented an honorary law degree to Costa Rica President Luis Guillermo Solís during his historic visit to Duquesne’s campus on Sept. 27, 2014. Solís, who was elected the 47th president of Costa Rica in April, was honored during a special ceremony to celebrate his distinguished leadership of one of the western hemisphere’s most stable democracies. Duquesne President Charles J. Dougherty presented Solís with the honorary degree. “It is a great honor to host the president and first lady of Costa Rica, and to display our admiration for President Solis’s accomplishments by presenting him with an honorary Duquesne School of Law degree,” said Law School Dean Ken Gormley. “Duquesne has developed a strong cooperative relationship with judges, lawyers, educators and law students in Costa Rica. This creates rich opportunities for Duquesne, the Pittsburgh region and our partners in this vibrant Latin American nation as we move forward with joint initiatives.” Through the efforts of Distinguished Law Professor Robert S. Barker and President Dougherty, Duquesne and the Costa Rica Supreme Court signed a formal agreement in 2012, renewing Duquesne’s program of faculty and student exchanges between

both organizations. As part of the agreement, Costa Rican Supreme Court justices and judges will continue to be invited to participate in seminars and conduct legal research at Duquesne University.

Duquesne Named Best Value Law School by The National Jurist Duquesne University is among just seven private law schools named to The National Jurist 2015 Best Value Law Schools list. This marks the first time that Duquesne has been named to the Best Value list. In September 2013, the University was ranked No. 4 on The National Jurist Best Value Private Law Schools list. For its methodology, The National Jurist considered various academic and financial variables, including the law school’s tuition, student debt accumulation, employment success, bar passage rate and cost of living. This Best Value list, which recognizes 53 law schools, includes the greatest number of private law schools to date. “We’ve worked hard to give our students an outstanding legal education at an affordable cost,” said Dean Ken Gormley. “The Duquesne administration has gone the extra mile by providing more scholarship dollars for our students than

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ever before and by supporting our vision of rebuilding the academic program.” In addition to the Best Value rankings, the School of Law is listed among the top-tier law schools by U.S. News & World Report, which also ranked Duquesne’s Legal Research and Writing program No. 12 and its part-time law program at No. 48 in the country. This past year, the School of Law jumped 23 places in the rankings to No. 121.


Clinical Legal Education Updates Laurie Serafino, Director of Clinical Legal Education and Associate Professor of Law With the help of Barbara Carlin, L’82, and Melissa Ruggiero, At the Tribone Center for Clinical Legal Education, L’03, as well as Director of International Programs Dr. Kirk construction is again underway. Due to the generosity of Junker, Professor Laurie Serafino is working to develop a similar alumnus Tom Tribone and his family, watch for improvements program in Europe. to the façade of our building located in Uptown across from the We welcome Donna Huntermark to the Tribone Center. CONSOL Energy Center. Donna has served as a paralegal in Pittsburgh since 1997. She is Our clinics and programs are in full swing. The Family a director of Region IV of the National Federation of Paralegal Law Clinic is at maximum capacity and fully engaged at the Associations and has taught CLE classes for attorneys and Family Division. Our new program with alumni and Allegheny paralegals on various topics. She is already County Public Defender Elliott Howsie, teaching the teachers about law office practices L’98, provides students with the opportunity and procedures. to work on a yearlong basis in the Juvenile The ABA has made major changes to its and Adult divisions of the office. We are standards governing law schools. Effective in ramping up our Pro Bono Program, which the fall of 2016, every student must complete we initiated with Pro Bono Week. We six experiential learning credits prior to have also created an externship program graduation, consisting of clinics, externships in Washington, D.C. and Harrisburg, and/or simulations. We embrace this change permitting students to live and work for a and look forward to expanding our externship semester away while gaining valuable work program and creating new programs for our experience. Student Mark Howell is currently evening students so they can comply with this working full time in Washington, D.C. at the Eddie Ayoob and Mark Howell in requirement. U.S. Attorney’s office. Edward “Eddie” Ayoob, Washington, D.C. Students in our Federal Litigation L’96, meets with Mark on a weekly basis. Eric Clinic handled every aspect of a prisoner rights case in U.S. J. Young, L’83, Senior Counsel at the Office of Equal Employment District Court for the Western District of Pennsylvania in Opportunity, Securities and Exchange Commission, and Anne May—including jury selection, opening arguments, witness E. Nelson, L’07, Associate General Counsel, National Trust For examination and cross-examination, and closings. Professor Historic Preservation, have volunteered to help our students with Steven Baicker-McKee and attorneys Adrian Roe and Sam Simon additional opportunities. supervised the students.

PreLaw Magazine Names Duquesne Law’s Veterans Clinic to Top 15 List Duquesne Law’s Veterans Clinic is being honored by preLaw Magazine as one of the top law school clinics for innovation. The magazine received nominations from 76 law schools across the country. The final selection reflects clinics that are innovative in subject matter, structure or community served. The winter issue of preLaw, for prospective students, and the January issue of The National Jurist, for current students, will detail Duquesne Law’s Veterans Clinic as one of the top 15 clinics.

Veterans Clinic students and professors with Allegheny County Court of Common Pleas Judges William Ward and John Zottola.

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L AW S CHO O L NEWS

Renovations to Classroom 303 Make It Hanley Hall’s Largest Lecture Hall Summer renovations to Room 303 increased seating from 84 to 140, which allows CLEs, symposia and large classes to be taught in this new auditorium. It now features a tiered floor that has improved visibility from the back of the room, along with new large windows that provide a panoramic view of downtown Pittsburgh. The auditorium also includes new tables and chairs, carpeting, wall finishes and lighting. The Law School also upgraded the audio visual technology in both the auditorium and the adjacent McArdle Courtroom. Large-screen monitors and projection screens were added to strategic locations in both rooms. New speakers and a new expansive wireless microphone system for the rooms were also implemented. Naming rights are available for this auditorium, which is the new showcase of the School of Law. Please contact Jeanine DeBor, Director of Law Alumni Relations and Development, for more information.

McArdle Courtroom Rededicated this Fall

Through the generosity and support of the McArdle family and the James P. and Mary S. McArdle Charitable Fund of the Pittsburgh Foundation, the McArdle Courtroom also underwent technological upgrades this summer. The technology used replicates what is found in federal courtrooms across the county. It features evidence screens for the jury and an annotation and white noise system, providing the tools that law students will find in courtrooms of the future.

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These renovations will allow the School of Law to use the expanded space in new ways for trial competitions and special events. The event with the president of Costa Rica (see p. 14) was held in this space. In October, members of the McArdle family visited the courtroom to see the renovations and to rededicate the space. Pictured from left are: Brendan Cusick, Rebecca Schultz, Mary S. McArdle, Timothy Cusick, Patrick McArdle, Sheila McArdle Cusick, Margaret Laffey McArdle, L’78, and Kate Laffey Lobdell, L’76.


Young Alumni Profile: Christopher Murrer, L’09 Home: Washington, D.C. Undergraduate Education: University of Dayton Employment: Tax and Wealth Planning Attorney, Venable LLP What do you do in your spare time? When I’m not training for a wide array of endurance races, I’m usually wishing that I were back in Pittsburgh so that I could sing karaoke at Cappy’s in Shadyside. I’m also involved in a charity called Team Tassy. What is Team Tassy? It is an awesome charity started by my friend (and former Survivor cast member), Ian Rosenberger, and run by a team of amazing people who help prepare and place the poor of Haiti into good, dignified jobs so that they can pull themselves out of poverty forever. Who is Tassy, and how did you get involved? My friend, Justin Romano, L’09, was living in Pittsburgh with Ian and Tassy Fils Aime. Ian had met Tassy while visiting Haiti after the earthquake. At that time, Tassy was suffering from a large, life-threatening tumor on his face. Ian brought Tassy to the U.S., found doctors and raised money to help save Tassy’s life. So, I met Tassy when he was recovering from the surgery on his face and trying to learn English. If that doesn’t stick in your memory, I don’t know what will. Even though Tassy was healthy after the surgery, Ian realized that the underlying problem for Tassy’s condition was the poverty in Haiti. So, Ian set out to create Team Tassy, which treats poverty like an epidemic that is “curable” through job training and jobs. I was immediately drawn toward this cause because it does not put Band-Aids on problems or simply “treat the symptoms.” Rather, it aims to truly fix the root cause of poverty—lack of employment. How do you fundraise for Team Tassy? Team Tassy is a completely fun and light-hearted organization. They hold water balloon fights as fundraisers and beach parties in Haiti for their Haitian team members. In light of their unique approach to fundraising, Ian and I decided to run a five-day, 155-mile, self-supported, ultra marathon in the Middle Eastern deserts of Jordan. We carried our

Christopher Murrer on a five-day, 155-mile, self-supported, ultra marathon in the Middle Eastern deserts of Jordan.

own food, gear and medical supplies, and slept on the ground. Our goal was to raise $50,000 to benefit Team Tassy, and by the time I returned to American soil, we surpassed our goal! How did your legal education at Duquesne affect your passion for Team Tassy? Throughout my time at Duquesne, the Law School emphasized that, notwithstanding any personal success I sought during my career, it was equally important for me to use my skills and resources to help the less fortunate. Or to paraphrase something that Professor Antkowiak once said, no matter what career you pursue in this life, take time every so often to set something right. I try to keep those words echoing through my head. How would you describe the value of a Duquesne University School of Law education? The value is in the way it taught me to be pragmatic in my work. It taught me that laws are not sterile, ethereal concepts; rather, they are things of real, tangible consequences, and I should approach practicing law with that in mind. To learn more about Team Tassy, visit www.teamtassy.org.

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Conversations with George Zimmerman’s Lawyer: Race, the Media, and the Trayvon Martin Case Rebecca L. Silinski In 2012, George Zimmerman was charged with seconddegree murder in the shooting death of 17-year-old Trayvon Martin. First came the state’s affidavit of probable cause, stating that “Zimmerman profiled and confronted Martin and shot him to death while Martin was committing no crimes.” Then the images: 12-year-old Trayvon Martin in the red Hollister T-shirt contrasted with the scruffy-looking 28-year-old George Zimmerman, plastered across television screens. Recognizing the growing public disdain for his client, Mark O’Mara, defense attorney for Zimmerman, turned to the media, stating, “While it can be safely argued that it is largely the question of civil rights issues that has made the George Zimmerman case a national— and international—story, there is nothing to support the contention of racism in the Zimmerman case.” In an effort to address concerns raised by the Zimmerman case, on Oct. 27, 2014, the Criminal Justice Program at Duquesne University School of Law, under the direction of Professor Wes Oliver, hosted O’Mara in a program featuring two panels, one considering lawyers, the media and high-profile cases and another on race and the criminal justice system. The first panel focused on the national and international attention on the Zimmerman case and the development of the “Social Media Defense”—which set an unprecedented standard

Mark O’Mara addresses Professor Wes Oliver’s criminal law class.

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for lawyering in the age of social media. Yet, the question remains: Does this interaction with the media violate an attorney’s ethical obligations? Addressing this issue, the Hon. Thomas Hardiman, Judge of the U.S. Court of Appeals for the Third Circuit, questioned O’Mara’s interaction with the media. Judge Hardiman framed the discussion in the context of the Model Rules of Professional Conduct Rule 3.6, which generally prohibits an attorney from discussing an ongoing case with the media. In response, O’Mara made clear that he normally avoids speaking to the media because it rarely yields positive results; however, the Zimmerman case was “utterly unique.” This uniqueness is what O’Mara maintains qualified his actions under Rule 3.6(c), an exception to the general rule, whereby an attorney may engage with the media to rebut the “substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client.” While the ethics board cautioned O’Mara to tread carefully, O’Mara reasoned it was his duty to zealously advocate for his client; thus, he and his communications director, Shawn Vincent, crafted a plan to ensure Zimmerman received a fair trial. That plan included a Facebook page, Twitter account, official website and blog—the same outlets used to attack Zimmerman became the outlets by which O’Mara tried this case in the


Participants of Duquesne University School of Law’s Oct. 22 program, “Conversations with George Zimmerman’s Lawyer: Race, the Media and the Travyon Martin Case.” From left are: Rebecca Silinski, Letrell D. Crittenden, Montré D. Carodine, Shawn Vincent, Mark O’Mara, Wes Oliver and Judge Thomas Hardiman.

court of social media. However, as this strategy unfolded, it drew much criticism. Letrell Crittenden, assistant professor of communications at Robert Morris University and member of the Pittsburgh Black Media Federation, specifically criticized the defense team’s portrayal of Trayvon Martin in a negative light, a tactic that he said disgusted many. O’Mara rebutted this criticism, stating, “As a defense attorney you cannot choose to be ‘culturally aware’ over your job as an attorney; that is unethical.” The discussion with Crittenden segued into the central issue of the second O’Mara panel, which focused on race and the criminal justice system. Montré D. Carodine, professor at the University of Alabama School of Law and legal analyst, joined O’Mara in a discussion that demonstrated the importance of opening the door to conversations between members of different races. Carodine candidly told the audience that the emotional response to the jury verdict was real. As a mother, she saw her son in Trayvon, a feeling espoused by most of the black community. Conversely, O’Mara expressed his “surprise . . . [he] had no idea that the emotional reaction would be the way it was” and “spent a lot of time reflecting and realizing that the problems are much deeper.” As the two legal and social advocates discussed other recent shootings, racial stereotypes and profiling in America, it became clear that progress is possible. Carodine described her one-on-one discussion with O’Mara as “an exceptional experience, as he is one of the great lawyers of our time. Indeed, he is a ‘lawyer’s lawyer.’ Though our views on the Zimmerman case differ, I greatly respect his and Shawn

Vincent’s work, particularly their efforts after the Zimmerman case to engage with different communities on the broader issues of race and criminal justice. I am grateful to Professor Wes Oliver for putting together an amazing program, and I hope that it will serve as an example of how we can have a civil, thoughtful and productive conversation on race in this country.” Tory N. Parrish, president of the Pittsburgh Black Media Federation, summarized the event as “a venue for a needed and open dialogue about the implications of engaging the media in high-profile cases. The conversation contextualized the complexities of discussing ongoing legal cases in a public forum while remaining open and transparent to the general public.” These sentiments reflect the overall response to the panels. It was a powerful reminder of what Dr. Martin Luther King once stated: “Our lives begin to end the day we become silent about things that matter.” For O’Mara and Vincent, silence is not an option. While race is generally considered taboo, “O’Mara’s discussion regarding race relations and the media helped bring to the forefront an ongoing issue in our country—people are afraid to talk about race,” said Rick White, 3D. “As was evidenced by the discussions, significant ground can be gained once citizens are willing to sit down and talk with one another about the racial issues they are experiencing, and what we can do about it.” Rebecca Silinski is a third-year day student and is president of the Sports and Entertainment Law Society.

“I am grateful to Professor Wes Oliver for putting together an amazing program, and I hope that it will serve as an example of how we can have a civil, thoughtful, and productive conversation on race in this country.” FA L L / W I N T E R 2 0 1 4

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Fresh Ethics Part II: Recent Amendments to the Pa. Rules of Professional Conduct Mark D. Yochum, Professor of Law

Advertising rules have tussled with technology since the first ban in 1908 by the American Bar Association. When lawyers sought to light up the old wooden shingle with neon letters, the quill-crowd at the ABA said no. Even the chance of indirect advertising was regulated, limiting that styled “public service” in books, radio, television. The First Amendment has been the driver since Bates. Absent the usual fraud/misleading communication, advertising “speech” is now not fettered by methods or the technology, but rather by a showing of real harm. New York attempted to regulate pop-up ads and was told that irritation was an insufficient reason. The amendments to Comments [2], [3] and [6] of Rule 7.2 Advertising confirm that the Supreme Court is aware there is an Internet that may be used for advertising. Comment [6] now specifically discusses an old creature using modern terms: the “lead generator.” While lawyers cannot pay for an endorsement, they can pay for publicists and the like. Runners are forbidden, if paid for based on clients signed up. Lead generators are licit, if paid for leads generated. The former is viewed as illegally sharing legal fees; the latter, mere advertising expenses. The modern lead generator has been under ethical examination for more than a decade. The new Comment briefly lays out the rules that have been developed from experience over the sins of these Internet-based entities. Think “AreaofLaw. com,” often misleading that, instead of a clearing house for local attorneys to whom the case would be referred, “AreaofLaw.com” was a national single firm of specialized competence. The rules have been understood; enforcement, however, is spotty. Perhaps, the addition to the Comment will alert some unsuspecting lawyer about to sign on to one of these things. If the lawyer is unsuspecting at this point, he is probably still clacking with an electric typewriter and clicking with a rotary phone.

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Another study might show how professionals’ rapid adoption of certain technologies is client-driven. One newish rule has dealt with the foxy non-client and now with amendments particularly to Comment [2] of Rule 1.18, the foxy non-client with Internet access. Rule 1.18, of recent vintage, reflects an old common law rule that a consultation by a prospective client can conflict the lawyer out of representation of a client in opposition. Thus, foxy non-client would consult with lawyers, not to hire, but to conflict them out. Why not simply send an email with my story to every lawyer in town so none of them can touch me? The new Comment notes that “consultation” may be “electronic.” If your advertising invites submissions of information, the resulting communication, even though unilateral, may be part of a disqualifying “consultation.” Completely unsolicited submissions of information (they just had your email address from your ad) are not disqualifying. One may note that the Internet generally has afforded an opportunity for rich new confusion in the formation of a client-attorney relationship. Rule 7.3 is now called “Solicitation of Clients,” rather than the more frank “Direct Contact with Prospective Clients.” The no-contact rules remain in place but now “a prospective client” is called the “target of the solicitation” in Rule 7.3 (b). The new Comment [1] suggests the “target” is “a specific person” rather than the general public. Targeted direct mail is licit absent coercion, duress, harassment. As a subset of harassment, Rule 7.3 (b) (1) forbids a lawyer, with knowledge or reason to “know that the physical, emotional or mental state” of the target precludes “reasonable judgment” from targeting. The Supreme Court of the United States has upheld regulation more specific than the general and Constitutional restrictions noted above. Many states (not Pennsylvania) regulate targeting after disasters. Targeted mail could be stopped, but what about “a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to Internet searches”? New Comment [1] to the rule, the source of the previous quotation, quoth no, these forms, old and new, are not targeting. Advertising at new Comment [3] “can be mailed or transmitted by email or other electronic means,” which the Court thankfully decided not to delineate. The quaint method, and a


lesson to technologies everywhere, of advertising by “autodial[ed]” was delisted. Under Rule 1.4 Communication, new Comment [4] drops “telephone calls” for “client communications.” What appears as regulation is really license. The vestigial no-contact rule still precludes real time targeting of an unknown target, but who has real time for anything these days? This review would be incomplete without a general mention of the amendments as a paean to the electron. I have not mentioned every spot where currency means “electronically.” An example is Rule 4.4 (b) wherein a “document” is inadvertently sent “including electronically stored information.” One might say the document is electronically stored information, with none of the letters even being put to paper. New Comment [2] defines “document” as “paper documents, e-mail and other forms of electronically stored information, including embedded data (commonly referred to as “metadata”)” (I will note here the science of the Court. “Documents” previously included items with “electronic modes of transmission” as opposed to the now current electronic storage). Metadata, that ghost of previous work layered within the computer’s elephant’s memory, has been a poser for the practice for more than a decade. The new Comment suggests that the receipt of metadata is an inadvertent communication only if the receiving lawyer knows or reasonably should know metadata was received. Knowledge would be obtained by looking and finding the metadata; how else? “Reason to know” seems largely unlikely, as the commercial practice of law demands that firms (at some cost) scrub out metadata. (My decade-long suggestion to just type the thing over again has been met with some derision.) One option has been an ethical “no-peeking” rule, making it a sin to look behind the curtain. New law is developing, particularly in the federal system, on how the client-attorney privilege is affected by inadvertent disclosures. I also might note that transmission of metadata hardly seems inadvertent; what you forgot was to wash. One day, not too far away, perhaps, metadata or e-discovery or email will become simply data, discovery and mail. Since rule-based ethics began the rule makers have been behind the curve of the practice and its technologies. The practitioners developed relationships, systems, that were consistent with ethics of lawyering, the meta-ethics of the practice of law. Focused from a distance, these fuzzy virtues are fidelity, competence and silence. In practice, this meta-ethics is part of the operating system, how we are part of a technological system in the delivery of legal services. Absent guidance from any positive law of ethics, lawyers learned quickly how to use that quill, the preprinted form, onion skin, carbon paper, the telephone (and all the other tele’s), messengers, mails (of all sorts) and all manner of devices electronic. And lawyers used them ethically, within that great eternal shadow of the perfect form of lawyer. These innovations, these new drugs, like any drug, can be poison as well, with “benefits and risks.” In these new amendments, benefits are unstated. The new risks are the old risks, the same risks, the future risks: infidelity, incompetence and disclosures.

These innovations, these new drugs, like any drug, can be poison as well, with “benefits and risks.” In these new amendments, benefits are unstated. The new risks are the old risks, the same risks, the future risks: infidelity, incompetence and disclosures. I had thought in writing this note that I could pepper it with ancient and modern tales of lawyer luddism. Practice now requires facility with that electron, in courts and otherwise. Tales are told of the venerable practitioner, persisting with paper, misunderstanding and mistrusting that unlocatable electron, dismissed, broken, unwilling and unable to change, retired, useless, dead. Instead, I have found no evidence of persistent change-resistance to technology in lawyers as a whole, ever. Of course, the technological system is shaped with lawyers, a dialogue between the practice and the makers. Everything and everyone changes in the process. For more than 15 years, Mark D. Yochum’s primary specialty has been Professional Responsibility, lawyers’ ethics. Additionally, for over 20 years, Professor Yochum had administered the Law School’s vibrant Continuing Legal Education program that produces on average 25 programs annually for the benefit of our alumni and the region. Part I of this article was printed in the summer 2014 issue. See The Social Construction of Technological Systems. (Anniversary Edition 2012) (The MIT Press). This book is an introduction to a whole discipline called SCOT.

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FACU LT Y ACHIEVEM ENTS

Steven Baicker-McKee PUBLICATIONS/ARTICLES

• Federal Litigator, 29 (2014, April-Sept.). • Environmental Regulation and Litigation. In Environmental Forensics for Persistent Organic Pollutants (pp. 21-58). Amsterdam: Elsevier. (2014, July) • A Student’s Guide to the Federal Rules of Civil Procedure. St. Paul, Minn: West. (2014, May)

PUBLICATIONS/ARTICLES

• Forensics of Fracking, Wecht Institute, Duquesne University, Pittsburgh, Pa. (2014, Sept. 12).

• “The Nixon Pardon at 40: Ford Looks Better Than Ever,” The Wall Street Journal (op-ed with David Shribman) (2014, Sept. 5). • “The Lesson of Watergate & Nixon’s Resignation,” Pittsburgh Tribune-Review (op-ed) (2014, Aug. 2). • “Rename Pittsburgh’s U.S. courthouse for Judge Joseph F. Weis, Jr.: Our grand federal court building should be named for one of its greatest jurists,” Pittsburgh Post-Gazette (op-ed) (2014, June 15).

Robert S. Barker

PRESENTATIONS

PRESENTATION

Robert S. Barker, L’66, Distinguished Professor of Law, was awarded an honorary degree on June 13 by the National University of Cajamarca in Perú in recognition of his contributions to constitutional law and inter-American cooperation. While in South America, Professor Barker, along with Dean Gormley, visited Costa Rica as part of the School of Law’s academic agreement with the Supreme Court of Justice of Costa Rica. During his time in Costa Rica, Professor Barker delivered 10 presentations at the Judicial School of Costa Rica. Professor Barker also published “Secesión, guerra civil, y reconstrucción: anormalidad constitucional en los Estados Unidos.” Inter-American Review of International and Comparative Law, 1, 159-167.

Valarie Blake PRESENTATION

• Narrow Networks, the Very Sick, and the Patient Protection & Affordable Care Act: Recalling the Purpose of Health Insurance and Health Reform. Pitt Center for Health Law & Bioethics Colloquium. Presentation at the University of Pittsburgh School of Law, Pittsburgh, Pa. (2014, Sept. 12).

Nicholas P. Cafardi PUBLICATIONS/ARTICLES

• “Pope Francis’ extraordinary outreach to bishops.” Op-Ed, Los Angeles Times (2014, Oct. 11). • “Winning War, Losing Peace.” America, The National Catholic Review (2014, April 28).

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Ken Gormley

THE DUQUESNE LAWYER

• President Ford’s Pardon of Richard M. Nixon, Keynote Address, Gerald R. Ford Presidential Library, University of Michigan, Ann Arbor, Mich. (2014, Oct. 21). • President Ford’s Pardon of Richard M. Nixon: A 40-Year Retrospective (organizer and moderator), Gerald R. Ford Presidential Museum, Grand Rapids, Mich. (2014, Oct. 20) (broadcast on American History TV, C-SPAN). • Our Constitution Works: President Ford’s Date with Destiny (panelist with retired Justice John Paul Stevens, former Secretary of Treasury Paul O’Neill and Jeffrey Rosen), National Constitution Center and Economic Club of Grand Rapids, Grand Rapids, Mich. (2014, Oct. 20). • President Ford’s Pardon of Richard M. Nixon, Keynote Address, Chester County Bar Association Bench-Bar Conference, Bedford Springs, Pa. (2014, Oct. 11). • Law Schools and Access to Justice (panelist), Legal Services Corporation 40th Anniversary, Washington, D.C. (2014, Sept. 15). • U.S. Supreme Court 2013-14 Term: Review of the Top Cases to be Argued in 2014 (panelist), Pennsylvania Bar Institute, Pittsburgh, Pa. (2014, Aug.). • President Ford’s Pardon of Richard M. Nixon, Contemporary Issues Forum, Chautauqua, N.Y. (2014, Aug. 2). • Privacy and Liberty versus National Security: A Conversation with Attorney General Alberto Gonzales, Chautauqua Institution, N.Y. (2014, July 11). • Women in the Law Division Continuing Legal Education (moderator), Allegheny County Bar Association, Bench-Bar Conference, Seven Springs Resort, Champion, Pa. (2014, June). • Watergate: Nixon, the Presidency and the Constitution, University of Costa Rica Law School and Judicial School of Costa Rica, San José, Costa Rica (2014, June). • Third Circuit Review (panelist), Federal Courts Section, Allegheny County Bar Association, Pittsburgh, Pa. (2014, May). MEDIA

• Interview, CNN “Michael Smerconish Show” (2014, Oct. 25). • Featured in, and served as story consultant for, “The 90s—The Last Great Decade?” National Geographic Channel television mini-series (2014, July).


Kenneth E. Gray

Joseph Sabino Mistick PUBLICATIONS/ARTICLES

• Ongoing weekly opinion column in Pittsburgh Tribune-Review, including “The Civil Rights Act of 1964: When ideas trumped personal politics” (2014, July 5).

Jane Campbell Moriarty AWARDS

Professor Gray with Irish Ambassador Anne Anderson at the ambassador’s home for the Irish Legal 100 event in Washington, D.C. Professor Gray was nominated by the School of Law for this year’s list, published by Irish Voice America magazine.

• Selected for inclusion in Who’s Who in America 2015 (69th edition). • Accepted invitation to serve on the U.S. Advisory Committee to plan the Seventh Bi-Annual International Legal Ethics Conference (ILEC VII) at Fordham University School of Law, New York, N.Y., to be held July 14-16, 2016. PUBLICATIONS/ARTICLES

• Black’s Law Dictionary (10th Edition). (Academic Contributor.)

Susan C. Hascall

PRESENTATIONS

AWARD

• Legal Ethics at a Time of Regulatory Change: Paper on Losing Faith: The Ministers of Justice and the Prosecutorial Mindset. International Legal Ethics Conference VI. City Law School London, London, UK (2014, July 10-12). • Losing Faith: The Ministers of Justice and the Prosecutorial Mindset. Faculty Roundtable on Criminal Justice Ethics. Fordham University School of Law, New York, N.Y. (2014, June 8-10).

• Presidential Scholarship Award. Duquesne University. Pittsburgh, Pa. PRESENTATION

• Islamic Banking and Finance in the U.K. C.B.L. International. (Invited guest speaker.) Oxford University, Oxford, U.K. (2014, July).

Martha W. Jordan PUBLICATIONS/ARTICLES

• Pennsylvania Law Encyclopedia: Property (Vol. 39) (2d ed. 2014). (Revision and update.)

Rona Kaufman Kitchen PUBLICATIONS/ARTICLES

• Missing the Mark: How FMLA’s Bonding Leave Fails Mothers. Hofstra Labor & Employment Law Journal, 31, 303-326 (2014). PRESENTATION

• How Do We Define a Family Today in Civil and Jewish Law? Congregation Adat Shalom. Pittsburgh, Pa. (2014, May 2).

John E. Murray PUBLICATIONS/ARTICLES

• Biannual supplement to the Corbin on Contracts Treatise. New Providence, N.J.: LexisNexis Matthew Bender (2014, August). • Corbin on Contracts, Vol. 11 revision, Breach of Contract. New Providence, N.J.: LexisNexis Matthew Bender (2014, August). • 2014 Revision of Murray, Corbin on Contracts Desk Edition. New Providence, N.J.: LexisNexis Matthew Bender. • Corbin on Contracts, Vol. 10. New Providence, N.J.: LexisNexis Matthew Bender (2014, June). • Corbin on Contracts, Vol. 9. New Providence, N.J.: LexisNexis Matthew Bender (2014, June).

Katherine L. W. Norton

Bruce Ledewitz

PRESENTATION

PRESENTATION

• Custody Conciliations. Continuing Legal Education program. Allegheny County Bar Association, City-County Building, Pittsburgh, Pa. (2014, April 10).

• The End of an Era in Pennsylvania Constitutional Law: The Retirement of Chief Justice Ronald D. Castille. Continuing Legal Education. Duquesne University School of Law, Pittsburgh, Pa. (2014, Sept. 27).

Wesley M. Oliver PUBLICATIONS/ARTICLES

Jan M. Levine • Teaching Drafting Through Collaborations. Bringing Outside In: Social Justice Collaborations in the Legal Writing Classroom. With Becker, T., Rankin, S. Lecture conducted from Drexel University School of Law, Philadelphia, Pa. (2014, June).

• Limiting Criminal Law’s “In for a Penny, In for a Pound” Doctrine. Georgetown Law Journal Online, 103, 8-16 (2014). • Choice of Counsel and the Appearance of Equal Justice Under Law. Northwestern Law Review Online, 109, 1 (2014). • “Prosecutors Reeled in Little Fish with Help of Big Ones in Mortgage Fraud Push.” Forbes.com (2014, May 29).

Tracey McCants Lewis

PRESENTATION

PRESENTATION

• Making a Deal in Criminal Cases. ABA Conference on Alternative Dispute Resolution. Hyatt Regency Miami, Miami, Fla. (2014, April 4).

PRESENTATION

• Stand Against Racism Rally. Greater Pittsburgh YWCA; Pittsburgh, Pa. (2014, April 25).

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John T. Rago

Tara L. Willke

PRESENTATIONS

PRESENTATION

• Memory Science and False Confessions: Science-Based Reforms in Pursuit of Conviction Integrity. Fred M. Rogers Center, Saint Vincent College, Latrobe, Pa. (2014, Sept. 10). • Conviction Integrity Initiatives for Allegheny County; A Model for Pennsylvania. Annual Conference of the Allegheny League of Municipalities, Seven Springs, Champion, Pa. (2014, Sept.). • Developments in Post Conviction Actual Innocence Claims. Continuing Legal Education program, Ohio State Bar Association, Columbus, Ohio (2014, May 22). • Establishing Uniform Science-Based Best Practices for Law Enforcement and Prosecutors; Making the Case for Conviction Integrity. Law Enforcement/Prosecutors Program. Duquesne University, Power Center, Pittsburgh, Pa. (2014, May 23).

• Taking a Quantum Leap: Entering the Mind of the Millennial Researcher. Stetson University College of Law, Gulfport, Fla. (2014, April 26).

Ronald J. Ricci PRESENTATION

• Presentation to graduating medical students on the business aspects of the practice of medicine. University of Pittsburgh School of Medicine, Pittsburgh, Pa. (2014, May 1).

Jacob H. Rooksby AWARDS

• Dr. John and Liz Murray Excellence in Scholarship Award, Duquesne University. Pittsburgh, Pa. (2014, June 1) (see p. 26). • Presidential Scholarship Award. Duquesne University. Pittsburgh, Pa.

Mark D. Yochum PRESENTATIONS

• Lessons in Ethics: The Evil Roy Cohn. Continuing Legal Education, Duquesne University, Pittsburgh, Pa. (2014, Oct. 4). • The New Rules of Judicial Conduct, Continuing Legal Education, Allegheny County Academy of Trial Lawyers Annual Retreat, Nemacolin, Pa. (2014, Oct. 3). • The New Rules of Professional Conduct. Continuing Legal Education, Duquesne University, Pittsburgh, Pa. (2014, Aug. 6). • The State of Ethics Education in Law School. Continuing Legal Education for The Disciplinary Board of Pennsylvania. Bedford Springs, Pa. (2014, July 24). • Performed as Roy Cohn in Tony Kushner’s Angels in America Part I and II for the Throughline Theatre Company (2014, June). • The Bonehead Play. Annual Rotary High School ethics seminar, Duquesne University, Pittsburgh, Pa. (2014, May 7). • Fresh Ethics: PA Changes to the Rules of Ethics for Lawyers and Judges. Continuing Legal Education, Duquesne University, Pittsburgh, Pa. (2014, April 26). • Honor in the Profession. ACBA Young Lawyers Division Continuing Legal Education, Pittsburgh, Pa. (2014, April 17).

PUBLICATIONS/ARTICLES

• Universities As Patent Enforcers: Challenges and Opportunities. In E. Rodriguez Editor & S. Solberg. Editor (Eds.), Technology Transfer Law Handbook (pages 157-173). Chicago: American Bar Association (2014). • UniversityTM: Trademark Rights Accretion in Higher Education. Harvard Journal of Law & Technology, 27, 349 (2014). PRESENTATIONS

• #socialmedia and The Practice of Law. Allegheny County Bar Association’s 52nd Annual Bench-Bar Conference. Panel discussion conducted from Seven Springs, Champion, Pa. (2014, June 19). • Social Media in Higher Education: Legal Considerations. Audio webinar offered through Magna Publications (2014, April 30).

Kirsha W. Trychta

Center for Legal Information Faculty

AWARD

Joel Fishman, Ph.D.

• American Bar Association Young Lawyers Division. 2013-2014 Award of Achievement Recipient. First Place in the Service to the Bar, Division 2B Category, August 2014. Member of the Allegheny County Bar Association, Young Lawyers Division Bar Leadership Initiative which drafted a “New Attorney Guide.” (2014, August).

PUBLICATIONS

PRESENTATION

• Persuasive Use of Exhibits in Trial. ABA Young Lawyers Division Spring Conference. Renaissance Pittsburgh Hotel, Pittsburgh, Pa. (2014, May 16).

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Professor Yochum was named best actor for the 24th annual Pittsburgh New Works Festival for Sleeping Aide.

THE DUQUESNE LAWYER

• Civil Rights Act (1964) in Social History of the American Family: An Encyclopedia. Sage Pub. (2014, Sept.). • Family & Medical Leave Act; National Center for Child Abuse and Neglect in Social History of the American Family: An Encyclopedia (with Shephard, K.), Sage Pub. (2014, Sept.). • Index to Fiduciary Review (1933-2013). 2014 ed. Allegheny County Law Library, 2014 (2014, July). PRESENTATIONS

• The Civil Rights Act of 1964: Celebrating Its 50th Anniversary (coordinator and moderator), American Association of Law Libraries, San Antonio, Texas (2014, July 15). • Pennsylvania Secondary Sources. Western Pennsylvania Law Library Association Summer Associates Program. Lecture conducted from Allegheny County Law Library, Pittsburgh, Pa. (2014, June 18).


McGinley Fellows 2014 Thanks to the generosity of Jack McGinley, L’68, and his family, The John & Marie McGinley Endowed Public Service Law Fellowships enable our students to serve the public interest. This year, nine students gained experience by serving a number of agencies and nonprofit organizations: Christian Angotti United States Attorney’s Office Madi Bobb Gambia Department of Justice Hillary Cox United States District Court for the Western Division (Hon. Joy Flowers Conti) Thomas Cocchi Governor’s Office of General Counsel

Christian Angotti

Madi Bobb

Hillary Cox

Thomas Cocchi

Joseph Heisler

Laura Pitchford

Alyssa Sweeney

Justin A. Bernard

Brandon Sprecher

Stephen Fernando Community Justice Project Joseph Heisler Allegheny County Solicitor’s Office Nicholas Jimenez Allegheny County District Attorney’s Office Laura Pitchford Butler County District Attorney’s Office Alyssa Sweeney Family Division, Allegheny County Court of Common Pleas (Hon. Kim Eaton) In addition, two of our students gained experience in the offices of Senator Jay Costa, L’89: Justin A. Bernard (Pittsburgh)

Brandon Sprecher (Harrisburg)

Class of 2014 Updates

Ali J. Ludin and Christopher J. Parker Jr. were married on Sept. 6, 2014 at the Heinz History Center in downtown Pittsburgh.

Andrew Rothey competed in the prestigious Top Gun competition at Baylor University June 4-6. The invitation-only mock trial tournament takes the best trial advocates from 16 of the top advocacy schools in the nation and has them go “head-to-head for the honor of being named Top Gun.” Rothey also received the Aaron J. DeLuca Advocacy Award, a new School of Law honor named for the late L’95 alumnus. Rothey is shown in the photo with Michael O’Day, L’95, and Dean Gormley.

2014 Law Graduate Wins Texas A&M Journal of Real Property Law’s National Writing Contest

 Michael McGraw was selected as the first place winner for his note, “Field of Dreams: Is the Movie Site’s Commercialization a Dream Plan with Significant Benefits or a Nightmare Script with Crippling Effects?” The competition is open to current law students to expand the breadth of contributions published by the Texas A&M Journal of Real Property Law, which explores the relationships arising from ownership, possession and use of real property. FA L L / W I N T E R 2 0 1 4

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COM M E NCEMENT 2014

Mark Nordenberg (center) with Chancellor John Murray (left) and Provost Timothy Austin.

Dean Gormley with Kaci Young.

Professor Rooksby receives Murray award.

Sarah Molinero

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THE DUQUESNE LAWYER


Duquesne University School of Law Celebrates Its 100th Commencement On June 1, 2014, the juris doctor degree was conferred on 169 graduates in the 100th commencement exercise at the Palumbo Center. Three students from China received LLM degrees as well. To mark this landmark occasion, Mark A. Nordenberg, former chancellor of the University of Pittsburgh, was awarded an honorary degree by Duquesne University School of Law and delivered the keynote address at the ceremony. Additionally, the Dr. John and Liz Murray Excellence in Scholarship Award was presented to Jacob Rooksby, assistant professor of law, and Sarah Molinero, L’14.

Christopher John Allegretti Richard Frederick Appleton Babatunde Aremu Michael Anthony Aubele Sara Elizabeth Aull Adam Jonathan Baker Maxwell R. Baker David Mitchell Bauer Matthew J. Beddingfield Sarah Elizabeth Benanti Kelly Fay Boland J. Julius Bolock Pravin M. Boscha Andrea Marie Bova Krista M. Bradley Luke Brocks Lisa C. Brunner Peter Udomdej Buddadhumaruk Christina Marie Burik Matthew Ronald Capan Marlena Nicole Carlini Philip C. Chapman III Julie Alexandra Cochran Amy E. Coleman Kelly Kim Colovos Daniel Christopher Conlon Gutierrez Amie L. Courtney Erin M. Curran Jonathan E. Cutler Robert N. Dare Richard J. DeBlasio Barrie Matusoff Denmark Matthew Sean Doherty Eric Scott Donato James William Doring Jesse Allen Drumm Justin J. Dudas Caroline Elena Durbin Tammy Elizabeth Edinger Terence Daniel Falk Brian Fenters Todd L. Fine

Conor Patrick Foley Staci Ann Fonner Lauren Gailey Andrew P. Griffin Judith Ann Hale Reed Terrence P. Hanna Jr. Mary Elizabeth Heinauer Michael W. Hilliard Stephen William Hopkins Peter Joseph Horne Sean Peter Hvizdzak Richard Steven James II Katherine Anne Janocsko Tiffany A. Jenca Faraaz A. Malik Jindani Nicholas J. Kane Megan C. Kelly Brandon Michael Kern Nathaniel A. Klein Sarah Ashley Kleinman Aleksandra Julie Kocelko Francesca Marie Kosec Ryan Anthony Kraski Lindsay N. Kreppel Christine Marie Kristoff Sarah Jane Krolikowski LuAnn Loretta LaCava Vincent Paul Lamperski Guido Robert LaPorta David Leake Jacob S. Lehman Neil M. Lepore Anna Lernatovych John William Lhota Joshua Stephen Licata Sara Elizabeth Linkosky Ashley Jessica Locker Andrew Domenick Lombardo Trisha Rae Longenette Lori Beth Love Philip Daniel Luciano II Ali Ludin Peter Daniel Lyle

Samuel Robert Marchese Ravi J. Marfatia Sarah Dawn Mateja James David Mazzocco Suzanne McArdle Matthew John McClelland Michael James McGraw Molly Elizabeth Metzgar Matthew Frederick Metzger Brian Erich Meyer James Ross Miller Gregory Allen Mineweaser Sarah Molinero Edward J. Morascyzk Adam Quinn Morgan Nathan Taylor Mountain Monica Samir Moussa Megan Musial Molly Ann Myers Timothy M. Najewicz Elena Christine Nola Meredith Jane Norris Jawdat Ramy Nubani Jared Brent Oberweis Joseph S. Otte Katie Elizabeth Pakler Katherine Marie Pallone Christopher James Palmieri Stephen William Palubinsky Christopher John Parker Jr. Alexis M. Pattock John M. Pavlik Gabriel A. Perlow Shayna Alyssa Petrella Alexander William Pilorusso Autumn L. Pividori Amanda L. Ponzurick Ernest Joseph Pribanic Adam N. Quatrini Pierre E. Santerre Queiroz de Oliveira Margaret A. Reilly Justin Joseph Ring

Paul Aloysius Roman Jr. Andrew Glenn Rothey Wendy Berman Rumsey Charles Pat Sapienza III Anthony Francis Sappie Anthony N. Scarpo Amanda M. Schilling Robert Louis Sciulli Jr. Vanessa Elaine Scott Mary Kathleen Serratelli Ernest S. Sharif Rachel Elizabeth Shellenberger Young Kathleen Elizabeth Shoaff Christopher Thomas Skovira Kari L. Skovira Elizabeth Speicher William Philip Spero III Brandon M. Spleen Cara Nichole Stazenski Abagale Elizabeth Steidl Marika Stettner Lauren Elizabeth Sullivan Matthew R. Swisher Jeffrey L. Thomas Kyle Donald Thomas Rian Douglas Thompson Lisa Marie Tomasiak Benjamin Thomas Scott Trodden Christine Marie Trout David Valenti Katherine Marie Valenti Andrew David Venturella Luca Anthony Viglione Lawrence W. Walter Joshua P. Ward Janna Elise Williams Megan Loreen Williams Bethany L. Williard Mary Frances Woods Kaci Renee Young John B. Zappone Joseph Douglas Ziegler

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A LU M N I

Message from the DLAA President Dear Friends: I am both honored and grateful for the privilege to serve as this year’s president of the Law Alumni Association Board of Governors. As you are aware, over the past five years, Duquesne University School of Law has made great strides. U.S. News & World Report named the Law School among the first tier in the country. The National Jurist ranked the Law School as one of the top private law schools for value. The Trial Moot Court Team continues to be recognized nationally, and this past year’s bar passage rate for first-time takers was 91.5 percent. Despite these achievements, the Law School has experienced declining enrollment, as has every law school in the country. This is primarily due to the decrease in employment opportunities for new lawyers. However, our Law School is fortunate because it has experienced far less of a decline in enrollment than most other law schools. It also has been given significant financial support for its programs by the University. However, there is a limit to how much assistance the University can continue to give. The success of current Law School programs is also a reflection of the efforts of past presidents and board of governors focused on helping current law students and young alumni identify and secure employment. A goal noted in the mission statement for the Law Alumni Association is: “To assist law students and recent graduates in the transition from the Law School to the practice of law including such assistance as may be practicable in securing gainful employment in legal or related professions.” Throughout my tenure as president, I plan to make this goal my main priority. There are significant programs and clinics the Law School sponsors that will need funding this year, and in coming years, in order to maintain the level of excellence for which the Law School has become known. The Career Services office at the Law School is expanding its Alumni Mentoring Program in which alums are asked to agree to mentor a student in routine questions that students may have. This year Career Services is also instituting a new Alumni Shadowing Program. The Shadowing Program will allow students to observe an alum’s particular practice for one day during a semester. We need more alumni volunteers for each of these programs. These are exciting, yet challenging, times for the Law School. Your generous contributions of time, talent and financial support will allow these programs, current students and recent graduates to flourish. I would request that you become a member of the Law Alumni Association, if you are not already one. This will give you an opportunity to better understand the various challenges that the Law School and the students face, and determine where your assistance can be used most advantageously. As your new president, I thank you for giving me this opportunity, and request that you consider assisting in whatever way you can. Best regards, P. Brennan Hart, L’73

Through its fundraising efforts, the DLAA endowed the Excellence in Legal Writing award, which is given to the students who were awarded best brief in their first year legal research and writing classes. This year’s recipients are Hillary Cox, Christina Dubosky, Devon Ferris, Jamie Inferrera, Justin Leonelli, Amber Miles (not pictured), Abigail Nath, Elizabeth Tuttle, Hillary Weaver, and Jennifer Yeung (not pictured).

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THE DUQUESNE LAWYER


Duquesne Law Alumni Association 2014-2015 Board of Governors.

Officers

Board of Governors

P. Brennan Hart, L’73 President

2012-2015 Sen. Jay Costa, L’89 Christina H. Duty, L’10 Meghan Jones-Rolla, L’02 Rep. Brandon P. Neuman, L’09 Melissa Ruefle Spencer, L’03 Theodore M. Trbovich, L’72

Jessica M. Jurasko, L’04 President-Elect Rebecca J. Gruen, L’92 Treasurer Garry A. Nelson, L’82 Secretary

Scholarship Fund Trustees

2013-2016 Kathleen M. Charlton, L’08 Joseph P. Covelli, L’80 Dodi Walker Gross, L’82

Philip J. Murray, L’88 Immediate Past President

Kimberly S. Tague, L’04 Joseph R. Williams, L’09 Amie M. Wolff, L’08 2014-2017 Hon. Gary P. Caruso, L’73 Aubrey H. Glover, L’03 Hon. Michael E. McCarthy, L’84 Michael J. Moyer, L’08 Hon. James J. Panchik, L’82 Scott T. Redman, L’82

Professor Robert S. Barker, L’66 Andrea Geraghty, L’83 Dean Ken Gormley P. Brennan Hart, L’73 Jon R. Perry, L’91 Jennifer Fox Rabold, L’81 Eric J. Zagrocki, L’92

congratulates Ken Gormley, Dean and Professor of Law

Dr. John E. Murray, Jr.

Kenneth E. Gray, Professor of Law

Chancellor and Professor of Law

James P. Hollihan, L’80

Timothy P. Ryan, L’84

John “Jack” McGinley Jr., L’68 Paul A. Michels, L’82

on being named to the

Irish Legal 100 www.law.duq.edu

I Pittsburgh, Pa.

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CL A S S ACT I O NS

1971

Stanley M. Stein was named president of the Allegheny County Academy of Trial Lawyers.

1972 Vaira ’62

Diefenderfer III ’73

John A. Robb Jr. has been approved by the United States District Court for the Western District of Pennsylvania as an alternative dispute resolution mediator.

1973

Buchanan ’79

Yagelski ’79

Lewis ’80

Searer ’80

William M. Diefenderfer III was named Navient Corporation’s founding chairman of its Board of Directors. He is also chairman of the Board of Directors of CubeSmart (NYSE), and is active with the American Legion Veterans Policy Oversight Committee.

David S. Pollock continues his tenure as treasurer of the Pennsylvania chapter of the American Academy of Matrimonial Lawyers. Pollock was re-elected treasurer, a post he has held since 2006.

1965

William T. Cullen joined Spilman Thomas & Battle, PLLC as counsel.

1968

Charles H. Lehman has joined the law firm of Tucker Arensberg, P.C. as of counsel.

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Samuel W. Braver was elected to the Allegheny County Bar Association Board of Governors for a three-year term.

Peter F. Vaira’s 2014 Pennsylvania Federal Practice Rules (Annotated) was published by Gann Law Books. This book is the only resource on federal practice in the state to contain an extensive 450-page annotation of the local civil and criminal rules for the Eastern District of Pennsylvania.

Hon. Joseph A. Del Sole was awarded the Joseph F. Weis Jr. Distinguished Service Award, the highest honor bestowed by the Academy of Trial Lawyers of Allegheny County. Del Sole was also appointed vice chair of the Appellate Court Procedural Rules Committee by the Supreme Court of Pennsylvania.

THE DUQUESNE LAWYER

Butler Buchanan, shareholder, hiring attorney and chair of the Diversity Committee at Marshall Dennehey Warner Coleman & Goggin, has been named managing attorney of the law firm’s Philadelphia headquarters office. Paul R. Yagelski has been recognized as a distinguished toastmaster for participation in the Toastmaster International Education Program.

1980

Hon. Timothy K. Lewis was recognized as Best Lawyers’ “Lawyer of the Year” in arbitration for the Washington, D.C. region. This award, honoring professionalism, integrity and Warren D. Ferry was named to a one-year expertise in handling complex matters, term as a director of the Pennsylvania Bar is presented annually to a single Foundation. outstanding lawyer in each practice area in a particular city. P. Brennan Hart was appointed to serve on the Disciplinary Board of the Supreme Richard J. Schubert received the Court of Pennsylvania for a three-year term Milton D. Rosenberg Award from the and was elected to the Allegheny County Bar Pennsylvania Association for Justice. Association Judiciary Committee for a three year term. Hon. Timothy S. Searer has joined

1974 1962

1979

1975 1977

Richard J. Federowicz was named the 2014 Outstanding Polonian by the Pittsburgh Chapter of the Kosciuszko Foundation.

1978

Bruce J. Gilbert is the new executive director of the Nevada State Health Insurance Exchange.

Tucker Arensberg as of counsel in Lemoyne, Pa. Searer served as president judge for the Mifflin County Court of Common Pleas from 1994-2013.

1981

Robert S. Bernstein has been named president-elect of the Commercial Law League of America (CLLA), an organization of attorneys and other experts in credit and finance actively engaged in the field of commercial law, bankruptcy and insolvency. Bernstein is the only member in more than 120 years to serve as the CLAA’s president more than once.

1982

Michelle H. Lally was elected for a twoyear term to the Board of Governors of the Allegheny County Academy of Trial Lawyers. Clarence Augustus Martin authored a new book titled Understanding Homeland Security, a comprehensive textbook for students and professionals.


1984

Bernard J. Bercik graduated from the U.S. Army War College’s Distance Education Program. Hon. John T. McVay Jr. was inducted into the Duquesne University Sports Hall of Fame. Melaine Shannon Rothey was elected to the Allegheny County Bar Association Board of Governors for a three-year term.

1986

Sally Griffith Cimini received the Pennsylvania Bar Association’s 2014 Sir Francis Bacon Dispute Resolution Award. Frank T. Danyo joined Civil & Environmental Consultants, Inc. as vice president and corporate counsel. Kevin R. Douglass was appointed president of the Energy & Mineral Law Foundation based in Lexington, Ky., a foundation that was established in 1979 by his father, Attorney Samuel Douglass, and University of Pittsburgh Law Professor Cy Fox.

1987

John P. Goodrich was named 2014 Most Valuable Person at the 40th Annual Willie Stargell Memorial Pittsburgh MVP Awards banquet. Marie Milie Jones was elected to a two-year term on the Board of Governors of the Allegheny County Academy of Trial Lawyers. Jones also was elected to the Board of Directors of Federated Investors, Inc. Hon. Maureen Kelly named Chief Magistrate Judge of the United States District Court for the Western District of Pennsylvania.

1988

John A. Bass was reappointed to a three-year term on the Neighborhood Legal Services Association Board. R. Douglas DeNardo was selected as a member of the Board of Directors on the American Cancer Society, Inc., East/Central Division. Philip J. Murray III has been elected to the Academy of Trial Lawyers of Allegheny County.

Homer L. Walton was selected as one of the New Pittsburgh Courier’s 2014 Men of Excellence. Hon. Dwayne D. Woodruff was one of the recipients of the Circle of Courage Award, honoring people of faith and courage serving the needs of others in their community.

1991

Thomas N. Farrell was elected to the Allegheny County Bar Association Judiciary Committee for a three-year term.

Bercik ‘84 with wife, Mary Lynne, and son, Bernie Register

1992

Mäny Emamzadeh was named chief financial officer and executive vice president of Trimont Energy Limited and its subsidiaries.

1993

Cimini ’86

Danyo ’86

Walton ’88

Beck ’96

Raymond M. Roberts was selected to join the Board of the Autism Center of Pittsburgh. David L. Spurgeon was awarded the Edward G. O’Connor Fellows award from the Allegheny County Bar Foundation, recognizing his professional, charitable and public service activities.

1994

Richard M. Nelson has taken a position as senior vice president, chief regulatory counsel and assistant corporate secretary at Sallie Mae in Philadelphia, Pa.

1995

Kelley A. Morrone became a partner in the law firm of DiBella Geer McAllister & Best, P.C.

1996

Deborah A. Beck has joined Rawle & Henderson LLP as of counsel to the firm in the Philadelphia Office. Sean A. Casey opened his own practice, Casey Legal, in Pittsburgh, Pa., concentrating in workers’ compensation, employment law and disability matters. James W. Creenan received the Presidential Service Achievement Award from the Pennsylvania Bar Association for his work on the Pennsylvania Civil Justice Coalition. Joseph V. Luvara was recently appointed a member of the Carnegie Borough Council.

1997

Deborah M. Altman has rejoined The Webb Law Firm as an intellectual property attorney. Krista M. Kochosky has joined the litigation group at The Lynch Law Group. Douglas C. LaSota has joined Marshall Dennehey Warner Coleman & Goggin as a shareholder in the Professional Liability department. Hon. Harry F. Smail was appointed judge of the Westmoreland County Court of Common Pleas.

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CL A S S ACT I O NS

2001

Laura A. Maines was named executive director of Every Child, Inc.

Kenyon ’98

Maines ’01

Richard W. Saxe Jr. has been named a shareholder at Babst Calland in the firm’s Construction and Litigation Service groups.

2003

Rana J. Wright serves as chief counsel for Bank of America Global Capital Management.

2004 Ragin ’06

Reilly ’06

Gary H. Dadamo accepted a position as an associate with Maiello, Brungo & Maiello, LLP as a member of the litigation team. Ayanna M. Lee-Davis joined Saul Ewing, Pittsburgh Office, as special counsel, concentrating in the energy industry with a particular emphasis in oil and gas matters, real estate and environmental law. Kelton M. Burgess joined Fredrickson, Mazeika & Grant LLP as a senior associate.

2005 Mihalko-Wolff ‘08

Denise R. Abbott has been promoted to managing director, Human Resources at FedEx SmartPost. Matthew M. Mohn and Tyra M. Oliver have been honored by Pittsburgh Magazine and the Pittsburgh Urban Magnet Program as “40 under 40” winners.

1998

Todd M. Higey is general counsel for Employment Screening Services, Inc. Katheryn M. Kenyon joined Meyer, Unkovic & Scott as a partner in the firm’s Litigation & Dispute Resolution group and the Employment Law & Benefits group.

1999

Marian L. Passarelli was admitted into the Academy of Trial Lawyers of Allegheny County. Barbara Atkin Ramsey was elected secretary of the Homer S. Brown Division of the Allegheny County Bar Association. William S. Stickman IV has been reappointed to the Civil Procedural Rules Committee by the Supreme Court of Pennsylvania.

Charles H. Dougherty has joined the board of the Carnegie Science Center for a three-year term.

2000

Christina J. Westall joined Marshall Dennehey Warner Coleman & Goggin as an associate practicing in its Professional Liability Department.

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2006

Jill Lipman Beck was elected treasurer of the Young Lawyers Division of the Allegheny County Bar Association.

Justin M. Lovich joined the State University of New York-Cortland as assistant professor in the Sport Management Department. Geoffrey W. Melada is the editor-in-chief of Washington Jewish Week. Candace G. Ragin is an associate at Burns White LLC, with a diverse practice in civil and criminal law to the firm’s Transportation group. Patrick T. Reilly has been appointed to the Northside Common Ministries Advisory Board. An affiliate of Goodwill of Southwestern Pennsylvania, Northside Common Ministries is a nonsectarian, nonprofit organization devoted to meeting the needs of the region’s homeless population. Tara Rodrigues is an associate with Burns White, concentrating on civil defense litigation. Nicole Scialabba accepted a position as a staff attorney at Legal Assistance of Western New York in Ithaca, N.Y. Darlene S. Wood has been appointed to serve as a Hearing Committee Member on the Disciplinary Board of the Supreme Court of Pennsylvania for a three-year term.

2007

Jeanette A. Bellon became a partner in the law firm of Hamilton, Miller & Birthisel in Miami, Fla. Rebecca L. Magyar joined FedEx Ground Package Systems, Inc.

2008

Ann Horowitz joined Warner Norcross & Judd, LLP as client development manager. Jessica C. Tully is the founding member and general counsel of Title for Thomas Development Law, LLC, a boutique oil and gas title and transactional firm in Pittsburgh, Pa. Amie Mihalko Wolff married Peter S. Wolff and was elected to the Young Lawyers Division Council of the Allegheny County Bar Association for a two-year term.


2009

Philip L. Clabaugh was appointed chief public defender for McKean County, Pa. Stefan A. Dann joined the Pittsburgh office of Reed Smith LLP as a staff attorney. Warner N. Macklin III was nominated by Gov. Tom Corbett and confirmed by the Pennsylvania State Senate as a member of the Pennsylvania Minority Business Development Authority. Robert M. Palumbi has been named an associate in the construction and litigation services groups of Babst Calland.

Andria M. Krupa accepted a position as an associate with Raphael Ramsden & Behers, P.C. Christine Spafford Loeffler accepted a position as an associate with Rawle & Henderson concentrating in the areas of toxic tort litigation and products liability.

Anya N. Ryjkova joined Huntley & Huntley, Inc. as associate general counsel.

Curtis M. Schaffner is now a board member at Mary & Alexander Laughlin Children’s Center.

Lauren P. Berret joined Gleason & Associates, P.C. and is adjunct faculty at Alvernia University.

Carly R. Schimizzi joined the Pittsburgh office of Saul Ewing LLP as an associate focusing on corporate, family business and estates and trusts.

Mathew G. Brouse was named to the Young Professionals Board of Junior Achievement of Western Pennsylvania.

Michael E. Weber was promoted to senior associate in Tax Services at Grossman Yanak & Ford LLP.

Erin L. Santorella joined the law firm of Feldstein Grinberg Lang & McKee, P.C. as a member of the Litigation Practice group.

2012

2011

Colleen A. Baird joined Stevens & Lee as an associate in the Harrisburg, Pa., office. Jonathan Flickinger and his wife, Jenna, welcomed their first child, Lydia Rose, born on Sept. 27, 2014. Flickinger earned the Advanced Certificate in Strategic Human Resources Management from Cornell University’s world-renowned Industrial and Labor Relations School. Tyneisha M. Harris is now an attorney at BofI Federal Bank in San Diego, Calif. Matthew P. Hellrung is the co-founder and partner at Meltzer Hellrung LLC, a fullservice corporate immigration law firm in Chicago, Ill.

Patel ’12

Burke ’13

Christiana L. Pro joined Allegheny Technologies Inc. as senior attorney. Catrina A. Rogers joined the Law Offices of Michael R. Nebenzahi in Calabasas, Calif.

Michaelene E. Weimer was appointed Chair-Elect of the Young Lawyers Division of the Allegheny County Bar Association and joined Westinghouse Electric Co. as Counsel, Legal Risk and Commercial Affairs.

Lydia Rose Flickinger

Yvette A. Michaud joined Crestwood Midstream Partners LP in Houston, Texas, as senior manager, managing and directing all regional land acquisitions and divestitures.

Justin T. Romano was elected to the Young Lawyers Division Council of the Allegheny County Bar Association for a two-year term.

2010

Palumbi ’09

The following members of the class of 2010 were elected to offices of the Young Lawyers Division of the Washington County Bar Association for the 2015 term: Brian M. Lucot, Treasurer Leigh A. Lyons, Secretary Rachel M. Roney, President

Jason P. Camillo accepted a position as an associate in the intellectual property practice of Buchanan Ingersoll & Rooney. Kelly C. Cheponis was promoted to Vice president of compliance and ethics at BNY Mellon. Marissa A. Cocciolone joined Burns White as an associate in the Energy group. Emily J. Dimond was promoted to associate in Reed Smith’s E-Discovery Group. Stephen L. Guzzetti has been named an attorney at Matis Baum O’Connor, P.C., engaged in civil litigation with an emphasis in professional malpractice, hospital/ healthcare law and insurance. Kiran K. Patel accepted a position as an associate attorney at Rader, Fishman & Grauer in Washington, D.C., focusing on patent law. Patel received his Master of Laws (LL.M.) as a Dean’s Merit Scholar at Benjamin Cardozo School of Law in New York, N.Y., focusing on patent law.

Kira M. Rivera joined Burke Cromer Cremonese LLC as an associate concentrating in the area of commercial litigation, with a particular focus in construction law and general liability litigation.

2013

Chelsea Ann Getts Bosiljeva accepted a position as a compliance associate with Hardin Compliance Consulting LLC in Warrendale, Pa. Danielle S. Burke joined Babst Calland as an associate in the firm’s Mineral Title Services and Energy & Natural Resources group. Alexander J. Campbell joined Justin Ketchel Law in Pittsburgh concentrating on Criminal Defense. Gabrielle M. Carbonara has taken a position as an associate with the Law Office of Christy Foreman.

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CL A S S ACT I O NS

Stephen A. Chesney joined Meyer, Unkovic & Scott LLP as an associate in the firm’s Employment Law & Employee Benefits group and the Construction Law & Litigation group. Jennifer S. Dickquist is a law clerk for the Greene County Court of Common Pleas.

Jason P. McConnell joined C.A.R.S. Protection Plus as general counsel. Dominic A. Montagnese joined the Law Offices of Michael Cherewak as an associate focusing on Real Estate, Zoning, Estate Planning and Administration. Linda M. Postol accepted a position as a contracts administrator at UPMC.

Christy M. Gamble is legislative counsel at the U.S. House of Representatives. Ashley M. Shade married Josh Britton and Jay R. Hagerman accepted a position as accepted the position of assistant district an associate with Ekker Kuster McConnell attorney in McKean County, Pa. Epstein LLP. Anne L. Shekletski accepted a position in the Stephanie G. Johnson is an assistant public chambers of Washington County Common defender in Newton County, Ga. Pleas Judge Valarie Costanzo.

Jordan P. Shuber joined Stewart, Murray & Associates Law Group, LLC as an associate. Justin C. Steele accepted a position as tax manager at Ernst & Young in the Pittsburgh Office. Albert L. Varacallo, III joined Ruschell & Associates, LLC concentrating in business and corporate law, estate planning and administration, oil and gas, and sports law. Ginevra F. Ventre is an associate in the Pittsburgh office of Reed Smith LLP in the Labor & Employment group.

Matthew T. Kikta has been named an associate at Julian Gray Associates. Jeffrey D. Kranking joined Edgar Snyder & Associates in the firm’s personal injury department. Rachel E. Lusk accepted a position with Lamb McErlane PC as an associate in the firm’s litigation department. Christina Orr Magulick accepted a position in the Pittsburgh office of Gordon & Rees, LLP as an associate practicing in the area of civil litigation with a focus in health care, long-term care and commercial litigation. Nicholas Marsilio II serves as a judicial law clerk for the Supreme Court of Pennsylvania.

In Memoriam It is with deep sadness that we list the following School of Law alumni who passed away:

Senator Jay Costa, L’89, center, was one of only three alumni inducted into Duquesne University’s Century Club in October. This is the highest honor bestowed by the University. Costa, Pennsylvania Senate Minority Leader, was honored for his commitment and service to Duquesne, including assisting in applying for key state and local funding for the Tribone Center for Clinical Legal Education.

Mary Lou Ahlstrom, L’76

Daniel F. Clark, L’79

William C. Schwartz, L’68

Michael J. Barrett, L’84

N. Grebeldinger Jr., L’65

Vernon W. Simms, L’73

Ronald M. Benrey, L’82

Harry W. Kennedy, L’82

Michael Slattery, L’63

Carl F. Boyer, L’80

Charles D. Lorin, L’69

Norman C. Usiak, L’90

James M. Bradley, L’70

Gregory R. Lyons, L’81

William G. Young, L’87

Joel M. Breitstein, L’71

F. Regan Nerone, L’66

This list is provided through Duquesne University’s Advancement Records Office and may not be complete. If you have information about an alumnus who passed away this past year and is not listed, please contact the Law Alumni Office at 412.396.5215 so we may update our records.

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In Defense of the Third Year: A Rebuttal to the President Lauren Gailey

Addressing a town hall meeting at New York’s Binghamton University in August 2013, President Barack Obama said, in what he warned would likely be a controversial remark, “I believe that law schools would probably be wise to think about being two years instead of three years.” As a third-year law student, I would like to offer a rebuttal. It is important to note that the president knows of what he speaks. A former president of the Harvard Law Review, Obama also was a professor of constitutional law at the University of Chicago from 1992 to 2004. As both a law student and a law professor, Obama undoubtedly observed firsthand the drawbacks to the three-year system: expensive tuition and concomitant student debt loads, compounded by a challenging job market worsened—possibly permanently—by the economic downturn that has plagued the nation since 2008. The president was absolutely correct to point out that debt management is a major concern. It can be crushing, both financially and emotionally, for graduating law students who have not yet found employment or whose salaries will leave them with little disposable income. The “big money,” i.e., that offered by “big law” jobs, is still available as firms continue to compete for top talent, but it is available to fewer graduates as summer associate classes dwindle in response to firms’ fiscal challenges.

From an economic standpoint, reducing law school from three years to two could actually exacerbate the problem. A threeyear commitment operates as a barrier to entry for prospective students, keeping the eventual number of job candidates in check and controlling the supply side of the legal labor equation. Should employer demand remain constant, it would become even harder for law school graduates to find jobs by which to defray even two years’ worth of debt. The concern over debt can be mitigated to some degree if, rather than enrolling in law school immediately after earning undergraduate degrees, prospective law students work for a few years first. This helps them to save money toward tuition and gain valuable professional experience that would make them more attractive candidates to law schools—which might be more likely to offer scholarship money—and prospective employers. The analysis should not stop here. When discussions of the value of the third year of law school focus solely on pragmatic concerns, they suffer from a fatal flaw: They fail to account for the fact that the third year has intrinsic value. As every lawyer and law student knows, law school is what you make of it, and the third year is a microcosm of that phenomenon. It presents students with the chance to refine their skills and prepare for professional life. The unique advantage of the third year is that, unlike the rigid curricular framework of the first two years, the third year is not one-size-fits-all. In the third year, students have the freedom to explore the subjects that interest them, a process that might even lead to the discovery of the practice area that will be their “calling.” They can prepare to enter the profession by gaining familiarity with

As every lawyer and law student knows, law school is what you make of it, and the third year is a microcosm of that phenomenon. It presents students with the chance to refine their skills and prepare for professional life. The unique advantage of the third year is that, unlike the rigid curricular framework of the first two years, the third year is not one-size-fits-all.

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the information and terminology of their chosen fields. They also have the chance to take courses from professors renowned for their expertise on a particular subject and cultivate deeper relationships with professors whose classes they enjoyed in the first two years. The third year also presents students with an opportunity to focus their attention on scholarship. In fact, it may be the last chance students have for many years to study the law for its own sake. It is a rare avenue by which students can share their own viewpoints in the hope of molding and shaping the very law they study. By developing the skills necessary for scholarly writing and perhaps even getting their work published, they can build their résumés and reputations and make themselves more attractive candidates for prestigious judicial clerkships or firm or government employment. Students need the third year because it affords them the precious time and guidance they need to polish their skills before they enter the practice of law. The legal profession has a language all its own and, like any other language, becoming fluent takes time. Furthermore, the additional year of schooling gives students the chance to master particularly difficult concepts with the assistance of professors who are well versed in doing just that; a partner in a law firm is much less available to instruct fledgling lawyers to the same degree. Finally, more time spent learning the law in school allows students to gain exposure to a broader range of concepts—concepts that will become “arrows in their quivers” when they advocate for clients. For all of these reasons, the third year of law school is a valuable investment that should be retained. A compromise, however, is in order. Employers in the legal field have long complained that law school graduates lack the practical skills they need to succeed in practice. To remedy this problem while maintaining the proper supply-demand ratio in the labor force, law schools should consider emulating the system used by the medical profession: a hybrid of academic and clinical training. Under this model, law students would spend their first two years taking required courses and the third supplementing their elective coursework by participating in law clinics, externships, and extracurricular activities such as moot court

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and trial advocacy programs, which are designed to develop useful practical skills. Some state bar associations are exploring requiring a certain number of clinical credits as a prerequisite to admission; law schools should stay ahead of this trend by imposing similar requirements voluntarily. Law schools’ clinical and externship programs could even partner with employers as part of a cooperative education system in which employers could be expected to offer employment upon graduation to students who perform well as externs. These “co-op” arrangements, which have been in use for years by undergraduate engineering schools, would benefit law schools by increasing placement rates, students by arming them with the practical skills that employers expect, and employers by giving them the chance to “audition” new talent. The third year is a wonderful time in a law student’s life. Courses are interesting and enriching, professors are accessible in small seminar-style classes, and a limitless array of fascinating topics is available for further exploration through scholarship. Just as important, the third year allows law students to cement valuable relationships with their peers who will, after graduation, form the basis of their professional networks. As President Obama pointed out, the third year indeed requires an investment. For this investment to be a lucrative one, the third year not only must be enjoyable—it must also be practical. As law schools continue to acknowledge the necessity of clinical education and integrate it into their curricula, I am hopeful that the benefits of the third year will be available not only to students who have already secured the jobs they need to defray their debt, but to all students who are willing to rise to the challenge of hitting the ground running when they enter the practice of law. Lauren Gailey, L’14, is a former talk show producer and a member of the W. Edward Sell AIC in Pittsburgh, Pa. She is an associate in the Pittsburgh office of Jones Day. This article was published in the May/June 2014 issue of The Bencher, the flagship magazine of the American Inns of Court. It is reprinted with the express written consent of the American Inns of Court.


ST U D E NT B R I EFS

Mock Trial Teams Continue Tradition of Success this Fall Duquesne Law’s National Trial Team of Alex Poorman, Aubrey Smith, Rebecca Silinski and Nick Jimenez finished as semi-finalists at the National Civil Trial Competition (NCTC) in Los Angeles, Calif., Nov. 14-16. The NCTC is one of the top competitions in the country. Highlights included an impressive win against Pepperdine (one of the competition favorites), a near flawless performance against Liberty and a narrow loss to Baylor. After a hardfought battle, Duquesne lost to Stetson in the semi-finals, 2-1. Only four law schools in the United States make it to the semi-final round of this prestigious competition. Congratulations to the team members, coaches Mike Gianantonio, L’02, Brock McCandless, L’09, and Max Petrunya, L’10. Duquesne Law’s National Trial Team emerged as finalists at the 15th annual National Trial Advocacy Competition held at Michigan State University Oct. 9-11. The Duquesne team of Asra Hashmi, Vincent Cocco, Richard White and Annemarie Harr defeated Houston, SUNY Buffalo, Michigan State and Creighton on the way to the NTAC final round. The team was coached by Julian Neiser, L’01, and Elbert Gray, L’03. Peter Giglione, L’02, serves as director of the Trial Advocacy Program.

NCTC team at the courthouse in Los Angeles.

National Trial Team in Michigan.

Duquesne Law Student Appointed National Student Director for the ABA Law Student Division’s National Appellate Advocacy Competition Subcommittee Katelin Montgomery, a third-year evening student, received this appointment based on her excellent qualifications and the interest she expressed in becoming a national representative of the Division’s Competitions Program. The National Student Director participates in activities and performs specific tasks assigned by the Competitions Committee or Subcommittee Chair to build and improve the overall quality of the American Bar Association’s Law Student Division Competitions Program.

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ST U D E N T B RIEFS

Law Student Receives Pittsburgh Hispanic Chamber Scholarship Second-year student Jorge Rojas received the first annual Rob Vega Memorial Scholarship from the Pittsburgh Metropolitan area Hispanic Chamber of Commerce (PMAHCC). The $5,000 scholarship is awarded to law school students who display the same academic, familial and civic qualities that the late Rob Vega exemplified. The ideal candidate is someone who plans to practice law that will focus on public interest work and has demonstrated a commitment to stay in the Pittsburgh area. The scholarship is named after Vega, whose life was cut short during a tragic rafting accident on the Youghiogheny River in Ohiopyle State Park in Fayette County in July 2013.

Controversy in the NFL: “Washington Redsk*ns” Trademark Patent under Appeal Pursuing Racist Trademarks through the U.S. Patent and Trademark Office Kelsey Leonard, 3D On Oct. 22, 2014, Duquesne University Indigenous Law Society, Sports & Entertainment Law Society and the Duquesne Intellectual Property Association sponsored an invited lecture with Jesse A. Witten, Esq., a partner in the Washington office of Drinker Biddle & Reath LLP. Witten represented five Native American individuals who successfully petitioned the Trademark Trial and Appeal Board (TTAB) to cancel the registrations of six trademarks of the Washington NFL Team on grounds that the marks disparage Native Americans. Witten now represents them in an appeal filed in federal courts by the team. Native Americans and others have for decades opposed the Washington football team name, because regardless if any offense is intended, the term “redskins” is widely defined as disparaging to Native Americans. In his lecture, Witten illustrated the 22-year history of the case and the origination of the Washington football team name dating back to 1933. The legal battle began in 1992 when activist Suzan Harjo led seven Native Americans in petitioning the U.S. Patent and Trademark Office (USPTO) to cancel six trademark registrations used by the Washington Redsk*ns and owned by Pro-Football, Inc. In 1999, the TTAB ruled in favor of the petitioners in Harjo v. Pro-Football ordering the cancellation of the trademark registrations. However, the petitioners’ victory did not last long. Under appeal, the U.S. Court of Appeals for the District of Columbia Circuit held that the Harjo petition was barred by the doctrine of laches because the petitioners supposedly waited too long after reaching the age of majority to file their cancellation petition. In 2006, while Harjo was under review in the D.C. federal courts, Amanda Blackhorse, along with four other Native Americans (who were a younger group this time in the hopes of avoiding the laches 38

THE DUQUESNE LAWYER

doctrine), petitioned again for the cancellation of the Washington team trademarks. This is the current case, Blackhorse v. ProFootball, Inc., where once again after a TTAB ruling granted the petitioners, request for cancellation in June 2014. It is now under appeal in the D.C. courts. The lecture was widely attended by Duquesne University students, faculty, alumni, legal scholars and practitioners. During the question and answer portion of the evening, Witten carefully highlighted that the current case pertains to certain trademark registrations, including the term redsk*ns, and that it does not pertain to the imagery used by the Washington NFL football team (unlike the Harjo petition). Harjo and Blackhorse may not stop the Washington football team from using disparaging imagery or terms, but they have sparked a national legal discussion and a movement for social change and respect of all Americans including Native Americans.

Jesse Witten, third from left, with students (from left) Brandon Betts, Kelsey Leonard, Cara Pinto, Nick Jimenez and Rebecca Silinski.


Katie Westbrook 5K and Dog Walk An event truly highlighting the spirit of Duquesne Law is the 13th annual Katie Westbrook Race Ipsa Loquitur 5K & Dog Walk. Hosted annually by the Duquesne University School of Law Student Bar Association and the Student Organizations Office, the race is dedicated to the memory of Katie Westbrook, whose dream at age 13 was to become a lawyer. Unfortunately, she was diagnosed with a rare cancer that took her life at age 15, just before she was to receive an honorary degree from Duquesne University School of Law. In keeping with tradition, we proudly continue her memory through this annual event, held this year on Sept. 20. Race proceeds exceeded $4,500 and were donated to the SBA Centennial Endowed Fund. This fund provides awards for current law students who demonstrate the same “courage, charisma and compassion” as Katie for the law profession.

This year, Rice Energy generously agreed to be our race sponsor, and many of its employees participated, along with 140 walkers and runners and over 40 furry friends. We thank all who supported the event.

Phi Alpha Delta Law Fraternity, International Phi Alpha Delta Law Fraternity, International (PAD) is a professional law fraternity advancing integrity, compassion and courage through service to the student, the school, the profession and the community. With open membership to all genders, races, creeds and national origins, PAD strives to form a strong bond uniting students and teachers of the law with members of the Bench and Bar in a fraternal fellowship designed to advance the ideals of liberty and equal justice under law. On Oct. 2, 2014, the Egan Chapter held its annual initiation ceremony in Duquesne’s Power Center Ballroom. Forty-eight law school students were initiated into the chapter this year. Marshall Mary Hancock welcomed the new members while Justice Blair Droskey and the Executive Board (Kelsey Leonard, Cynthia Lose and Jonathan McCloskey) greeted each new member with the ritualistic handshake. Each new member received the PAD ceremonial pin and a red carnation, the chapter’s flower. At the reception afterward, new members had the opportunity to socialize and officially became brothers and sisters of the fraternity.

This was a momentous occasion for the Egan Chapter, but it is only the start of our exciting and eventful year ahead. The Executive Board, along with their brothers and sisters, will continue advancing the principles of integrity, compassion and courage throughout the school year with more exciting news to come.

Law Student Wins IP Writing Competition The Pennsylvania Bar Association’s Intellectual Property Law Section named third-year law student Kevin Shaw as the third-place winner in an annual writing competition. Shaw’s award-winning entry was titled “The Ultimate Security.” Shaw is the president of the Duquesne Intellectual Property Law Association (DIPLA) and the Corporate Law Society (CLS).

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CA R E E R S ERVICES

Career Services on the Move Maria D. Comas, Director, Career Services Samantha H. Coyne, Employer Outreach Manager

Lawyers on Location Friday, Sept. 5, 2014, was the inaugural Lawyers on Location program for the Law School. Allegheny County Bar Association President James Creenan, L’96, and ACBA Executive Director David Blaner, were our hosts for the event at the Koppers Building. Developed by the Career Services Office, Lawyers on Location brings Duquesne students to employers at their place of business to network and get advice over an informal luncheon. Student feedback was overwhelmingly positive. FedEx Ground, Elliott Group and Thomson Rhodes & Cowie, P.C., are scheduled for Lawyers on Location programs later on this semester. If your employer would like to host a luncheon, please feel free to get in touch with Samantha Coyne, Employer Outreach Manager, at coynes1@duq.edu. Thank you to all of our alumni for their generous support of this program. Thank You Thank you to all of our alumni who participated in the Fall On-Campus Recruitment Program, contacted the CSO about employment positions for our students and alumni, or met with students and recent graduates for informational interviews. If you have occasion to hire a law clerk or associate attorney, please consider Duquesne Law students and alumni. The continued guidance and support of our alumni is sincerely appreciated. The CSO would also like to thank the following who joined us for programs and events between Aug. 5, 2014 and Oct. 20, 2014:

INTERVIEW SKILLS PANEL PRESENTATION: AUG. 5 Jacki Herzog, L’07, and Jennifer Ross UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LEGAL HONORS PROGRAM INFORMATION SESSION: AUG. 28 Sarah Pietragallo UNITED STATES NAVY JAGC INFORMATION SESSION: SEPT. 10 Jeffrey Roberts, LCDR, JAGC, USNR, L’00 Co-sponsored with the Military Law Society UNITED STATES ARMY JAG INFORMATION SESSION: SEPT. 11 Seth Ritzman, CPT, JA Co-sponsored with the Military Law Society JUDICIAL, GOVERNMENT AND PUBLIC INTEREST LAW RECEPTION: SEPT. 22 Jennifer Andrade, Hon. Carlota M. Böhm, L’79, Jonathan Budd, Jennifer DiGiovanni, L’96, Marina Duane, Robert L. Eberhardt, L’71, Denise H. Farkas, Hon. Nora Barry Fischer, Hon. Thomas E. Flaherty, L’96, Elizabeth Parker Gaetani, L’12, Michael P. Gaetani, Barbara E. Griffin, Brandon Herring, L’13, Hon. Alan D. Hertzberg,

ACBA Lawyers on Location

Brandon Herring, Judge Joe Williams and Professor Kirsha Trychta at the Judicial, Government and Public Interest Law Reception.

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THE DUQUESNE LAWYER


Dean’s Message (continued from page 2)

Shanicka L. Kennedy, L’01, Kathryn M. Kenyon, L’98, Matthew A. Kessler, Daniel W. Kunz, L’02, Hon. Jeffrey A. Manning, L’72, James A. Mazzocco, Hon. Patricia A. McCullough, Richard Meritzer, Hon. James J. Panchik, L’82, Jennifer Fox Rabold, L’81, Hon. David A. Regoli, Nicole M. Rodrigues, L’10, Hon. Harry F. Smail Jr., L’97, René Smail, David L. Spurgeon, L’96, Stacey L. Steiner, L’98, Edward Van Stevenson, Hon. Joseph K. Williams III, L’85, Paloma Wu and Hon. John A. Zottola Co-sponsored with the Office of Clinical Legal Education LEADERSHIP COUNCIL ON LEGAL DIVERSITY IL SUCCESS IN LAW SCHOOL MENTORING PROGRAM INFORMATION SESSION: SEPT. 30 Jackie Celender and Dotun Obadina CAREERS IN ENERGY LAW PANEL: OCT. 2 Jessica Alsop, Kevin K. Douglass, L’86, Natalie M. Jefferis, David J. Laurent, L’80 Co-sponsored with the Energy and Mineral Law Foundation and the Energy and Mineral Law Society SCHOLARS IN LOCAL GOVERNMENT INFORMATION SESSION: OCT. 8 Courtney Lewis and Maria Wallace, Allegheny County Department of Human Services KIDSVOICE EXTERNSHIP INFORMATION SESSION: OCT. 16 Jonathan Budd and Scott Hollander NETWORKING POINTERS FROM THE PRACTITIONERS PANEL: OCT. 20 Patricia L. Dodge, L’81, Meghan E. Jones-Rolla, L’02, Tara Pfeifer Co-sponsored with the Women’s Bar Association and Women’s Law Association

challenges for law schools nationwide, it is not fair or practical to expect the University to continue to cover budgetary shortfalls indefinitely. We must step forward, proactively, and seek to develop a five-year plan to pay for scholarships so that students who otherwise cannot afford to attend Duquesne can have that chance; to sustain our intensive Bar Prep program that has made the difference in many students’ lives; to continue major events that gain regional and national attention for our Law School; to fund travel for our Trial and Appellate Advocacy teams so that our students can continue to excel in that arena; to open new clinics like our award-winning Veterans Clinic; and to continue our march forward as many other law schools lose ground. So significant are these unprecedented demands that Chancellor John E. Murray Jr. has made an immediate gift of $50,000 as a challenge to alumni, to kickstart the Call to Excellence Fund. Many of the tenured law school faculty, in a remarkable show of their generosity and dedication to the School of Law, have similarly made significant financial commitments to generate much needed scholarship dollars for our students. Please reflect upon the opportunities that your Duquesne Law School education has given you in your own life and career. As we face this unparalleled crossroad in legal education, extraordinary efforts are necessary from our alumni in order to continue our remarkable march forward, while other law schools struggle or face extinction. If ever there was a time when your alma mater needs you, it is now. Please answer the Call to Excellence—for the sake of Duquesne law students past, present and future.

Ken Gormley Dean and Professor of Law

So significant are these unprecedented demands that Chancellor John E. Murray Jr. has made an immediate gift of $50,000 as a challenge to alumni, to kickstart the Call to Excellence Fund. FA L L / W I N T E R 2 0 1 4

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Non-Profit Org. U.S. Postage PAID Permit No. 390 Pittsburgh, PA

School of Law 600 Forbes Avenue Pittsburgh, PA 15282

DUQUESNE UNIVERSITY SCHOOL OF LAW SIGN UP TODAY FOR THE

ALUMNI MENTOR PROGRAM AND

ALUMNI SHADOWING PROGRAM!

The Career Services Office invites you to participate in the Alumni Mentor Program and Alumni Shadowing Program for law students and recent graduates to learn about specific areas of law or geographic regions of interest. An Alumni Mentor Directory will be maintained online on DuqLawConnect (a password-protected website) where students and recent graduates may review your information and contact you accordingly. Alumni who sign up for the Shadowing Program will be matched with a student who will observe you at your place of employment on a day that is mutually convenient. Register for both programs via www.law.duq.edu/career-services or by contacting the office at lawcareers@duq.edu or 412.396.6559. If you have submitted information to the Mentor Program in the past, we request that you complete the form with your current information so we may verify our records. Please contact Maria Comas at comas@duq.edu or 412.396.6279 if you have any questions. Thank you in advance for your participation and support of our students!

SAVE THE DATE

LAW ALUMNI REUNION DINNER | APRIL 17, 2015

www.law.duq.edu/alumni


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