Juris Magazine - Fall 2009

FALL 2009

Honoring former Chief Justice

Ralph J. Cappy

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Table of Contents Letter from the Editor......................................................... 1 Interim Dean Gormley Delves into “The Death of American Virtue: Clinton vs. Starr”................................... 2 Duquesne Law Students Spin Their Wheels for a Good Cause....................................................................... 4 Annual Katie Westbrook Race Ipsa Loquitur Breaks Records and Keeps Memories Alive................................... 5

JURIS STAFF 2009-2010

Traversing the Globe: Perspectives Gained From Duquesne University School of Law’s Summer Abroad Programs.............................................................................. 6

EDITOR-IN-CHIEF: Christina E. Horton

The Pittsburgh Summit: The Local and Global Impact of the G-20 ............................................................ 8

EXECUTIVE EDITOR: Benjamin Steinberg

Trial and Tribulation: Dr. Cyril H. Wecht Speaks........... 10 Nationally Ranked Legal Writing Program Has a New Home: The Bridget and Alfred Peláez Legal Writing Center................................................................................. 12 Pennsylvania Supreme Court Convenes to Honor One of Their Own: Former Chief Justice Ralph J. Cappy..... 13 Two Women, Two Benches, One Common Title: Role Model..................................... 16 Allegheny County Bar Association Institute for Gender Equality Seeks Better Tomorrow for Female Practitioners.......................................................... 18 “Neutral Third Party?” Attorney General’s Findings Shake Alternative Dispute Resolution Arena.................. 21 A Student Bar Association Update.................................. 22 Prescription Drug-Related Deaths: Is the Prescribing Doctor a ‘Smooth Criminal’?............. 23 The Wecht Institute Announces “Forensic Fridays”....... 24 The Criminal Law Journal Hits the Cyber-Presses ....... 24 Federal Solution for Student Loan Woes........................ 25

MANAGING EDITOR: Jessica Troy Assistant Managing Editor: Bridget Sedlock

Associate Editors: Joseph DeMarco Ryan Duty Matthew Wachter Web Editor: Vivian B. Taylor Copy Editor: Katherine Lowery

Chief Staff Writers: Timothy Miller Production Editor: Ashley Owens Rachel M. Roney Staff Writers: Krista Bartolomucci Ashley Bozewski Katlin Connelly Juris Magazine is a biannual Daniel Patrick Craig student publication of the Lisa Dougan Duquesne University School of Law. The views and opinions Christian Evans expressed herein are not Stefanie Flick necessarily those of Juris or Juliann Haynes the Duquesne University School of Law. Juris Magazine can be reached at juris@duq.edu.

Cover photo courtesy of the Juris Archives.

administrative support Dean Ella Kwisnek Advertising Announcement: If you are interested in advertising in Juris, please contact us at juris@duq.edu.

Letter from the Editor I was told by friends who had gone before me that law school would be a roller coaster ride. Sometimes I agree, but other times I feel like I am still on that initial uphill ascent: There is a pit in my stomach, sweat on my forehead, and all of my nerves are shaking while I wait for the fun to begin. Then there are the days and weeks when I feel like Sisyphus, condemned to forever roll that momentous rock uphill only to have it roll right back down. At least up until this point I have been able to avoid being flattened during that descent, although some days it is a close call.

My latest brush with my rock was when I was recently asked to give a speech to prospective Duquesne Law students during the school’s annual open house. Anyone who knows me is aware that I look forward to public speaking about as much as I would look forward to skydiving without a parachute (not a great trait for an aspiring litigator, but at least it shows I am not afraid of a challenge). I felt extremely honored to have been chosen to give the speech, having been picked in large part due to my position as Juris Editor-in-Chief, and wanted to make sure not to let my selectors down. The topic on which I was to speak seemed simple enough: my personal path to Duquesne Law School, my experiences thus far, and my future aspirations.

It was easy for me to relate at least in part why I chose Duquesne. I remember that when I was trying to write my admissions essay to Duquesne Law School, I came upon our school’s motto: Salus Populi, Suprema Lex — “the welfare of the people is the highest law.” This statement struck a chord with me, having come from a background in public service, and has stuck with me throughout my law school experience.

On many days, this motto serves as the answer to why I keep rolling that rock up the hill, and puts things into perspective.

No matter what area of the law one practices, or what type of client one represents, the welfare of the people affected

by whatever litigation or transactional matter is at hand should be the lawyer’s highest priority. While this may seem to be idealistic thinking from a naive law student, it is a thought that I am going to try to carry with me into practice.

This issue of Juris features some outstanding individuals who seem to share this same thought process. Chief Justice Donetta Ambrose and Judge Ma u re e n L a l l y - G re e n a re profiled, each demonstrating a will and a determination to serve the halls of justice without letting a little thing like a major gender barrier get in the way.

The law school recently dedicated The Bridget and Alfred Peláez Writing Center, built with funds donated by a former student of Professor Peláez who, due to the profound effect the professor left on him, insisted on Peláez’s name gracing the center. Our cover story chronicles the Pennsylvania Supreme Court’s Special Session, held on Duquesne’s campus, to honor the late former Chief Justice Ralph Cappy. I was privileged to be in attendance at the session, where numerous people spoke of the Chief Justice’s unwavering commitment to honor and justice, as well as his kind heart and generous spirit. I am so proud of the hard work and dedication of the Juris staff that allowed this issue to be put together so that it may help to remind its readers that the welfare of the people truly is the highest law.

Christina Horton is the Editor-in-Chief of Juris. She also serves as a Senior Staff Member on the Duquesne Law Review, and as a Senator on the Student Bar Association. She is a member of the Women’s Law Association and the Phi Alpha Delta Legal Fraternity.

Christina received her undergraduate degree in Journalism Summa Cum Laude from West Virginia University in 2005 and is set to graduate from Duquesne School of Law in June of 2010. She can be reached at horton1725@duq.edu.

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Interim Dean Gormley Delves into

“The Death of American Virtue: Clinton vs. Starr”

By Christian Evans

It was one of the most polarizing scandals in American history. The nation was in disbelief as President Bill Clinton became the second president ever to be impeached by the House of Representatives. The controversy surrounding President Clinton began in May of 1993, shortly after he took office, when several longtime employees of the White House Travel Office were fired and replaced with friends of the Clintons. In July, the mysterious purported suicide of Deputy White House Counsel Vince Foster was viewed with suspicion. In November, the “Whitewater” controversy materialized when Arkansas businessman David Hale alleged that then Governor Clinton pressured him to provide an illegal loan to an associate of the Clintons for real estate dealings in the 1980s. In December 1993, two Arkansas state troopers claimed that they had arranged sexual liaisons for Clinton. A few years

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later, the Monica Lewinsky scandal became headline news, and President Clinton was impeached by the House of Representatives for perjury, abuse of power, and obstruction of justice.

The events leading up to President Clinton’s impeachment are so intricate and complex that it would be nearly impossible to understand the entire saga simply by reading one book or newspaper article. That is why Ken Gormley, Duquesne Law School’s Interim Dean, decided to embark on a nineyear investigation into the events surrounding the scandals.

Gormley’s book, titled “The Death of American Virtue: Clinton vs. Starr,” is a compilation of hundreds of hours of research and interviews with key players involved in the scandals beginning with Whitewater and ending with President Clinton’s impeachment trial in the

United States Senate. Although many books have covered Whitewater, Paula Jones, Monica Lewinsky, and Clinton’s impeachment, Gormley’s book offers a fresh take on the stories. “What makes this book different from any other book that exists is that it’s telling the whole story of how all these events are interconnected,” Gormley said. “This had so many pieces to it because they are all intertwined with so many actors, that there were days that I would go home and wonder if I would lose my ability to figure out where the thread was. So to be able to complete it was very rewarding. This project was a very massive, complex undertaking.”

Unlike many of the books that have been written by journalists who had access to only one side of a particular controversy, Gormley was able to gain access to both sides of the story. “I was able to interview President Clinton three or four times, I interviewed Kenneth Starr for 50 hours, Monica Lewinsky, Linda Tripp, Janet Reno, Congressman Henry Hyde, senators, and other congressman,” he said. This access enabled Gormley to acquire information that has never before been released.

Gormley felt that it was his job to allow each person whom he interviewed to tell his or her story and then separate fact from fiction. He admitted that at times he was forced “to make judgments along the way about what was puffery and what was accurate.” This type of filtration of the facts was especially important because of the involvement of so many adversarial parties who strongly disliked one another.

For nine years, Gormley worked tirelessly to create the book. He traveled to various cities across the nation for interviews and research. “I went to Arkansas and interviewed people who knew Clinton since he was a child, went and fished on the

Dean Gormley, President Clinton and Clinton’s lawyer David Kendall, who represented him in the impeachment trial

Kenneth Starr, Law School Administrative Assistants June Devinney and Kathy Koehler, Dean Gormley

White River where the Whitewater scandal took place because I wanted to get a feel for things.” Several times, he drove back and forth between Pittsburgh and Washington D.C., sometimes on the same day, to interview Kenneth Starr.

Fortunately for Gormley, he was able to rely on Duquesne students who assisted him by completing a plethora of tasks including research and proofreading. “I’ve had probably 10 research assistants, all Duquesne students, working on this over the years who have been excellent and who have been a huge help,” he said.

Years of perseverance and painstaking efforts to land interviews have helped Gormley complete a book that has the potential to be the definitive neutral historical account of these events. Undoubtedly, there will be an immense amount of interest in Gormley and his book when it is released in February 2010. But Gormley views this not only as an opportunity for himself, but also for Duquesne University. “I see it as an opportunity to go out there and shine a light on the Law School,” he said. “It is a good way to get Duquesne Law School’s name out and every chance that I get to meet prominent people out on the road, I use it as a chance to extend invitations to leading lawyers and judges and public figures to give talks at Duquesne or review articles so they can see what a wonderful law school we have,” he said. “A book like this never would have been possible without the support of students, faculty, supportive alumni, and staff who made the completion of this large-scale project possible.”

Christian Evans is a second-year evening student. He is interested in corporate law, and is a junior staff member on the Duquesne Business Law Journal. Christian received his undergraduate degree from Boston University. He can be contacted at ctevans82@gmail.com.

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Student Bar Association representatives at the Variety Children’s Charity Wheelchair Grand Prix

Duquesne Law Students

Spin their Wheels for a Good Cause

By Stefanie Flick

On Saturday, September 12, 2009, Variety Young Professionals hosted the Variety Children’s Charity’s Fifth Annual Wheelchair Grand Prix on Pittsburgh’s North Shore.

Participants registered to either walk or run as part of a team.

However, this is not exactly your traditional race. Everyone who participates must push unoccupied wheelchairs around a half-mile course. At the end of an hour, the team that completes the most laps wins the race.

This year, the Duquesne University School of Law Student Bar Association sponsored two teams with five students to a team. Both teams were able to complete over 20 laps. Ryan Bundy, a third-year student and race participant, commented, “It was a rewarding and physically demanding experience, but I look forward to participating in future Variety events.”

Bundy’s team finished in fourth place.

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All of the proceeds from the race/walk benefit Pittsburgh’s chapter of Variety the Children’s Charity, a non-profit organization. Pittsburgh is a special place for the organization because it was founded here in 1927, originally called Variety Club. Since then, it has grown into a worldwide organization that operates 51 chapters in over 14 countries, Japan being the newest addition.

The charity’s mission, no matter the location, is to help children. Pittsburgh’s chapter dedicates its time to children with mental or physical disabilities. Celia Hindes, the executive director of Pittsburgh’s chapter, explains that “very unique in our mission is to provide special equipment for children to help them become mobile . . . we want to get the child out of the house and help them transition into the community.” Thus, having runners and walkers push wheelchairs during the race is to remind them exactly why they are participating.

When asked about the involvement of Duquesne Law students in the race, Celia exclaimed, “We love being associated with Duquesne, especially with our intent every year being to invite all college people to attend.” In fact, Duquesne Law School has become more involved with Variety the Children’s Charity over the past few years, volunteering at the annual gala and selling the charity’s signature gold pins as well. Brandon Neuman and Amie Mihalko are two recent Duquesne Law graduates who now hold the title of a Variety Young Professional.

In evaluating the outcome of the recent Wheelchair Grand Prix, Celia said, “It was a good showing in light of the challenging economic times of today.” She professed, “Pittsburgh is one of the biggest and most philanthropic cities in the nation. There is such generosity here.”

For more information on Variety the Children’s Charity and how to get involved, visit the web site at www.varietypittsburgh.org.

Stefanie Flick is a third-year evening student. She earned her undergraduate degree cum laude from the University of Pittsburgh. She can be contacted at Stefaniemflick@yahoo.com.

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Annual Katie Westbrook Race Ipsa Loquitur

Student Bar Association representati Katie Westb ves at the rook Race Ip sa Loquitur

Breaks Records and Keeps Memories Alive

By Krista Bartolomucci It can happen to anyone, but you never expect it to happen to you. Katie was just a child when she came limping off the soccer field. Several weeks later, she was diagnosed with osteosarcoma, a form of bone cancer. Katie died at the tender age of 15. Three powerful words represent Katie’s life: courage, determination, and selflessness. Katie knew she was going to die, but that didn’t stop her. As her mom stated, “As long as there’s a crack open, we’ll be able to step through.” After Katie’s diagnosis, she made up a list of 10 things she wanted to do.

Attending law school was on the forefront of that list. With the generous assistance of Duquesne’s Law School staff, organized by Dean Rago and Maria Comas, Katie’s dream became a reality. She attended classes for a day and was scheduled to receive an honorary degree. Tragically, she died the morning of commencement. Had Katie survived, this year would have been her first as a law student. The Law School’s annual Katie Westbrook Race Ipsa Loquitur is held in her honor.

Organized by the Student Bar Association and held on October 10, 127 runners, including Interim Dean Gormley and Professor Ledewitz, ran the three-mile course traversing Duquesne’s campus, nearly quadrupling the previous year’s numbers. Many more donated, both as individuals and as corporate sponsors, including the Duquesne Law Alumni

courage

Association and Themis Bar Review Course. The donations and race proceeds, which totaled over $6,000, went to support the Katie Westbrook Award for Trial Advocacy and Katie’s Fund for Pediatric Cancer Research. Prizes were awarded to the top three runners in every category.

After the race several speakers shared their memories of Katie. Mariah Millis, a Duquesne 1L and Katie’s best friend from childhood, misses Katie’s “unwavering attitude” the most.

Adam Lutz, a 3L and top male runner, affirmed, “More than anything, it’s an honor to keep Katie’s memory alive.” Interim Dean Gormley expressed the sentiments of all when he stated, “This day summarizes to me Duquesne Law School, and this is why we’re unique.”

But Katie said it best of all. “For every dollar that goes to cancer research, only one cent goes to pediatric cancer. If kids are our future, that’s where they should put the money.” Despite her own impending death, Katie put others before herself. Those seeking more information about Katie’s Fund can contact the Student Bar Association at duqlawsba.gmail.com.

determination

Krista Bartolomucci is a second-year student. She is the vice president of Christian Legal Society and a member of the Military Law Society. Krista received an undergraduate and graduate degree from Duquesne University. She can be reached at bartolo1@duq.edu.

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Beijing • China • Dublin • Irelan China • China • The Vatican Cit Traversing the Globe Perspectives Gained From Duquesne University School of Law’s Summer Abroad Programs

by Justin Witt For those adventurous souls seeking to further their legal education abroad, Duquesne University’s School of Law offers several exciting options through its summer study abroad courses in Beijing, China; Dublin, Ireland; and Vatican City in Rome, Italy. These three-week endeavors allow participants to engage in a variety of topics that include comparative legal analyses, as well as the study of issues that relate to the unique localized environments in which the students are immersed.

After crisscrossing the densely populated cities and vast expanses of Chinese countryside for the majority of last summer, I gained a new level of appreciation for not only a foreign legal system, but also the cultural ethos it exemplifies. As time wore on and my understanding grew, I began to slowly understand Students enjoying their time in Ireland the subtleties of Chinese culture, and in turn, the legal system those subtleties embody.

Thanks to the dedication of Professors Frank Liu and Unlike the western world, and in particular the United States, China is largely homogeneous in its ethnic makeup, Alfred Paláez in establishing and continuing to facilitate the which has led to a dominant cultural tradition that spans the first summer legal program in Beijing, we were fortunate to millennia to the time of Confucius. Despite this expansive hear some of the finest Chinese legal scholars lecture on their timeline, the philosophical underpinnings of Confucianism various specialties. On top of our daily courses in Chinese – meekness, respect, and humility – can, in many ways, still substantive law, we were also given the option to participate be seen through the collective mindset of the Chinese people. in labor or intellectual property law clinics. Through expoWhether it was witnessing interaction in the constant con- sure to actual clients, with the help of student interpreters, gestion that made up greater Beijing, or taking note of the we were given a more intricate understanding of the day-todiligence and honesty displayed by our hotel staff in their daily day problems that face Chinese lawyers. The possibility for a cleaning of our not-so-well-kept rooms, the general sense of new experience, however, did not end there. In addition to the numerous weekend outings to Shanghai, the Great Wall, harmony was hard to miss.

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and Xian (the location of the world During their free time, the famous Terra Cotta Soldiers), one student’s took advantage of their also had the choice to partake in proximity to the Colosseum, the longer, independent expeditions after Pantheon, St. Peter’s Basilica, the their academic obligations were comSpanish Steps, Trevi Fountain, and plete. The cross-country trek to Tibet numerous other historical sites undertaken by myself and several found within the city limits of Rome. other students for example, allowed Additionally, the weekend trip south our group to witness the implemento Sorrento gave them a taste of a tation of policies in an area where more relaxed Italian atmosphere, few westerners have ventured. as well as the opportunity to visit Although my hiatus to the Far the Island of Capri and ruins of East will not soon be forgotten, Pompeii.

I was not the only student to Another novel facet of the cherish my journey. According to Vatican City option is its availability Abby Faett (2D), students on the to Continuing Legal Education (CLE) Ireland trip were also able to garner participants. After experiencing the Students spending time on the Great Wall knowledge of a dynamic tradition that program, it is not unusual for these runs deep in both pride and turmoil. Over three weeks and individuals to come back for an encore. Simply put, the unique through the guidance of Professor Kirk Junker and Interim appeal of this trip’s dual focus makes it difficult to pass up.

Dean Ken Gormley, these students were afforded the opportuAfter it was all said and done, Nick Trimboli (2D) called nity to study International Human Rights at Queens University his time in Italy “one of the most rewarding experiences of my in Belfast, as well as European Union Law and International life,” a response that could be echoed by the vast majority of Arbitration in Dublin. Faett found the International Human all who engaged in any of the trips abroad. Through absorbing Rights segment in Belfast to be particularly intriguing as it the cultural components of the various destinations visited, we reflected first hand the problems that still persist in this politi- all have developed a keener grasp of legal traditions that would cally fragile region. On a lighter note, the students enjoyed have otherwise remained foreign to our understanding. sightseeing excursions that took them across the majority of the island. With a trip to the north coast, tours of Armagh Justin Witt is a second year student. In addition to being a staff writer (the spiritual center of Ireland for centuries) and the ruins of for Juris, he is a board member for the Duquesne Public Interest Law Dunluce Castle, as well as an independent weekend outing in Association. He is a 2004 cum laude graduate of Messiah College, with a degree in History. He can be reached at wittj1@duq.edu.

Galway, the participants were able to appreciate a culture that many of us descend from, but few have experienced.

Through the oversight of Dean Nicholas Cafardi, Professor Ron Ricci, Professor Sam Astorino, and Father Valone, the students on the Vatican City trip in Rome, Italy, have been provided with a program that centers on the legal foundation of an empire and religious tradition that has influenced the world over. From the perspective of Ryan Bates (2D), it was easier to engage the subject matter of Roman law, Canon law, and the Legal Process of Canonization when the historical foundations of these topics were so immediately accessible.

Furthermore, in the view of Professor Ron Ricci (who teaches the Legal Process of Canonization segment), what makes the program in the Vatican City truly unique is its correlation with Students take to the streets in Italy Duquesne’s Catholic tradition.

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The Pittsburgh Summit: The Local and Global

Impact

of the G-20

By Ashley Bozewski

As the global economy neared a catastrophic depression in late 2008, the G-20 convened in Washington, D.C., in November and formulated an action plan to avert impending disaster. Representatives from nineteen countries including Argentina, Italy, Japan, the United Kingdom, the United States, South Korea, and France joined representatives from the European Union, International Monetary Fund, and World Bank to discuss the prognosis of the world economy and create a dialogue between industrialized and developing nations.

Members of the G-20 assessed their progress and reaffirmed the plan at the following Summit in London this past April.

In May, the White House announced that Pittsburgh would host the G-20 Summit on September 24 and 25. The G-20 dignitaries would convene at the David L. Lawrence Convention Center in downtown Pittsburgh to discuss the economy’s progress and devise an agreement to supplement the existing action plan for the continued sustainability of the world economy. For two days, the world would focus on the economical, political, and diplomatic implications of the conference.

In the weeks preceding the G-20 Summit, Pittsburgh braced itself for impact. Regional hospitals devised test drills to prepare its staff and facilities for potential emergencies yielding

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mass casualties. Police officers were recruited from neighboring areas to counteract the influx of protestors and secure the safety of the G-20 dignitaries. Traffic patterns were altered to provide detours around secured clearance-only zones.

City workers worked tirelessly to prepare the city, including Pittsburgh’s iconic fountain in Point State Park, to welcome the incoming leaders. As the summit drew closer, several downtown businesses and major banks closed and boarded their windows to prepare for imminent protests. Many employees were given days off from work and several schools and universities closed.

Members of the G-20 revealed their latest additions to the action plan developed at the Washington summit in a press release entitled the “Leader’s Statement: The Pittsburgh Summit,” issued on September 25, 2009. The plan calls for encouraging sustainable global economic growth by shifting from public to private sources of demand and adopting macroeconomic policies. It also outlines a regulatory system for banks and financial firms in order to discourage “excessive risk taking.” Leaders focused on narrowing the disparity between industrialized and developing nations by planning programs to collectively increase access to necessities for the world’s poorer nations. Finally, the G-20 leaders agreed to pursue alternatives to inefficient fossil fuels. In its statement, the G-20 stressed the importance and necessity of working collaboratively to achieve all of these initiatives.

Throughout the Summit, protesters could be seen and heard throughout the streets of Pittsburgh. The Thomas Merton Center, a coalition of diverse activist groups working toward a common goal of achieving peace and justice, orchestrated a People’s March from Oakland to the North Side.

CODEPINK, a women-initiated activist

Official White House photo by Samantha Appleton

group dedicated to ending the war in Iraq and drawing political attention to issues like healthcare and education, organized a tent city in Point State Park to raise awareness of refugees displaced by war in the Middle East. Other groups staged demonstrations throughout the city. While the majority of protesters were non-violent, on the evening of September 24, demonstrators, many without permits and referring to themselves as anarchists, destroyed commercial property by throwing rocks and breaking storefront windows of local businesses throughout Pittsburgh, with most incidents concentrated in Oakland. Over the course of the Summit the local news reported 190 arrests, including charges for criminal mischief, disorderly conduct, and failure to disperse.

The conference ended with the members of the Summit showing a positive outlook on the health and stability of the global economy. In his closing remarks made on September 25, President Obama commented on the promise of the Summit while acknowledging the challenges left to be faced: It’s worth recalling the situation we faced six months ago — a contracting economy, skyrocketing unemployment, stagnant trade, and a financial system that was nearly

frozen. Some were warning of a second Great Depression.

But because of the bold and coordinated action that we took, millions of jobs have been saved or created; the decline in output has been stopped; financial markets have come back to life; and we stopped the crisis from spreading further to the developing world . . . Still, we know there is much further to go.

The G-20 plans to meet again in Canada in 2010.

Ashley Bozewski is a second year evening student. She is a 2008 graduate of the Pennsylvania State University with degrees in Anthropology and Classics. Ashley can be reached at bozewskia@ duq.edu.

References i About the G-20. About the G-20. The Pittsburgh Summit 2009. Web. 6 Oct. 2009. http://www.pittsburghsummit. gov/about/g20/index.htm ii Complete List Of G-20 Arrests, Charges. KDKA CW 11. 28 Sept. 2009. Web. 2 Oct. 2009. http://kdka.com/local/g20/ g20.arrests.list.2.1213517.html

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TRIAL TRIBULATION AND

Dr. Cyril H. Wecht Speaks

By Tim Miller

It has been a very eventful last few years for the renowned former Allegheny County Coroner. Dr. Wecht recently sat down with Juris Magazine to talk about his trial, vindication, and what is in store for his future.

Dr. Cyril Wecht served as the Allegheny County Coroner from 1970 to 1980 and again from 1995 to 2006. He also held Dr. Cyril Wecht the position of President of the American Academy of Forensic Sciences. Wecht has performed approximately 14,000 autopsies and supervised, reviewed or consulted on an additional 30,000 autopsies, including such nationally known cases as the Waco Branch Davidian Fire.

Recently, Wecht has been the focus of a high profile federal trial. In January 2006, Wecht was indicted by a grand jury on 84 criminal charges alleging Wecht, among other allegations, used county resources for his private practice. Wecht resigned his position as coroner following the indictment. Weeks before the trial began 43 of the charges were dropped with prejudice.

In April 2008, U.S. District Judge Arthur Schwab declared a mistrial. Following the mistrial, the government requested a second trial, but the remaining charges were dropped on June 2, 2009, by former U.S. Attorney Mary Beth Buchanan, who resigned her position effective November 16, 2009.

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Dr. Wecht’s legal counsel claimed Buchanan and the Department of Justice, under the Bush Administration, was simply attempting to discredit a high profile Democrat. Dr. Wecht agrees, and on May 5, 2008, the Department of Justice did in fact disclose that its Office of Professional Responsibility initiated investigations in four trials where there have been complaints of selective prosecutions, including Dr. Wecht’s trial.

In June of 2009, Wecht’s lawyers submitted a formal letter to the Department of Justice regarding public comments Buchanan made at the June 2, 2009, news conference where all charges were dropped against Wecht. Wecht claims in the news conference that Buchannan referred to him as criminal, claimed he was involved in criminal activity, and stated she would do the whole thing over again.

“We got a letter back from [The Department of Justice] saying they were going to conduct an inquiry into the comments. We still haven’t heard from them. What is the policy of the Department of Justice and the U.S. Attorney General when a person is pure clean innocent and a U.S. Attorney still refers to them as a criminal? Don’t you as an Attorney General

have an obligation to address this and they’re not doing it?

Wecht asked.

Wecht believes this situation transcends more than just political ideology.

“You've got a cleavage that goes beyond party label and party identification. You've got a cleavage of political philosophy and of ideology, which transcends and which permeates every single facet of human endeavor. You’ve got to clean this out. You’ve got to start all over again,” Wecht said.

In terms of his own journey, Wecht continues to operate his private practice in Pittsburgh, conducting or consulting on over 300 postmortem examinations a year. He, however, believes the trial had a huge impact on his professional reputation.

“I lost a lot of consultations, and I’ll never know how many. For every case that I came to know that was not submitted to me or withdrawn as a result of the trial, I believe there had to be at least 20 for each of those. A lot of attorneys believe that I’m sullied,” Wecht said.

Wecht spent over 3.5 million dollars in legal fees throughout his criminal proceeding. He and his legal team ruled out attempting to recover those losses through civil action in the Federal Courts because of the high burden of proof necessary for an award in his favor. Wecht added his legal team “is still looking into the possibility, the legal feasibility, the emotional psychological impact on my family, and other considerations as to whether or not to pursue anything at the county level.”

On a personal level, however, Wecht is overwhelmed by the support he has received on both sides of the political aisle.

On April 16, 2008, 33 prominent community figures from the Pittsburgh area, including former Republican Congresswoman Melissa Hart and former Republican Allegheny County Executive Jim Roddy, sent a letter to Buchanan requesting she drop all charges against Dr. Wecht.

“I was very surprised, extremely delighted and very grateful to these people for having the courage to go public with their support. It takes moral strength, societal courage, and a strong sense of ethical conduct to affix your signature to something which was extremely critical of Mary Beth Buchanan who at that time still had some political clout,” Wecht said.

It is not only prominent figures offering Wecht their support.

“You would not believe the support I receive from total strangers. When I walk down the street people will yell to me or stop and blow their horn. It’s truly unbelievable,” Wecht said.

So what is next for Wecht now that his criminal trial is over?

“Everything continues for me,” Wecht said. He is currently working on three books, including one focusing on his criminal trial. Wecht continues to consult or perform hundreds of postmortem examinations yearly. He routinely gives assistance to district attorneys and coroners from Armstrong, Fayette, Greene and Westmoreland Counties. He continues teaching his forensic science and law class at Duquesne University.

On October 20, 2009, a formal presentation was held by the Allegheny County Council, who voted unanimously to name the new county medical examiners building the Cyril H. Wecht Institute of Forensic Science. Additionally, Wecht hasn’t ruled out a future in politics.

“I haven’t totally abandoned my interest in other things including government and politics. We will see what happens in that regard, ” Wecht said.

Tim Miller is a second year student. He is a chief staff writer for Juris.

Tim received his undergraduate degree from American University.

He can be reached at millert1@duq.edu.

“You would not believe the support I receive from total strangers. When I walk down the street, people will yell to me or stop and blow their horn. It’s truly unbelievable.”

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Nationally Ranked Legal Writing Program has a New Home:

The Bridget and Alfred Peláez Legal Writing Center

By Katlin Connelly The Law School recently unveiled the newest addition to its facilities for students: The Bridget and Alfred Peláez Legal Writing Center. The beautifully decorated center is located on the first floor of the library. The center consists of offices for full-time Legal Research and Writing professors, adjuncts, and teaching assistants. Within the center is a common area for students to meet or study.

An anonymous alumnus, a former student of Professor Peláez, donated the funds necessary to bring the center to fruition. The dedication ceremony, held on August 28, was packed with colleagues, former students, friends, and family of Professor Peláez. The speakers at the dedication ceremony were Interim Dean Gormley, President Dougherty, LRW Director Professor Levine, Director of the Duquesne Center for Legal Information Professor Liu, Professor Peláez’s son John Peláez, and Professor Peláez himself.

Professor Peláez believes the center will “enable professors to maximize their ability to help students that didn’t have the facilities to do so before.” Interim Dean Gormley called this center “the most significant improvement to the Law School in recent years.”

The donor insisted that Peláez’s name appear on the center because of the profound impact that the professor had on his life. Professor Peláez late wife’s name appears first on the writing center’s title at the insistence of the professor. Professor Peláez said that he “always put her first.” The late Bridget Peláez worked at the Center for Victims of Violent Crimes.

Professor Peláez said the center “was very nice and that [Bridget] would have liked it.” It is fitting that this center, which was designed to help law students further their skills in legal research and writing, be named after two people who have dedicated their lives’ work to helping others.

After speaking to several of the guests in attendance, all of them seemed to utter the same comments about Professor Peláez: “wonderful man, inspirational teacher.” The center embodies the Law School’s commitment to academic success and the name upon it represents the profound effect that professors at Duquesne Law have on their students.

Katlin Connelly is a second-year student. She is a staff member for both Juris and the Duquesne Law Review. She is also a member of the Student Bar Association, Women's Law Association, Trial Advocacy, and Phi Alpha Delta Legal Fraternity. Katlin received her undergraduate degree from Duquesne University majoring in political science and history. She can be reached at katlinconnelly@gmail.com.

Professor Erin Karsman, Professor & Director of the Center for Legal Information Frank Liu, Professor Alfred Peláez, Professor Tara Willke, and Professor Julia Glencer 12

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Mrs. Janet Cappy, Chief Justice Ronald D. Castille, and artist Joseph Routon with the official portrait of Justice Cappy

Pennsylvania Supreme Court Convenes to Honor One of Their Own: Former Chief Justice Ralph J. Cappy

By Daniel P. Craig Many prominent members of Pennsylvania’s legal community attended a Special Session of the Pennsylvania Supreme Court at the Duquesne University Power Center Ballroom on September 15. The session was held as a tribute to former Chief Justice Ralph J. Cappy, who retired from the court in January 2008, and passed away unexpectedly on May 1, 2009. A series of distinguished speakers shared their experiences with and perceptions of the highly decorated chief justice. The event was established as the unveiling of the official portrait of Chief Justice Cappy that will hang in the Supreme Court of Pennsylvania, Pittsburgh. However, the words spoken by those who knew the man defined the evening

and painted for the event’s 300 attendees a vivid portrait of Chief Justice Cappy’s illustrious character and career.

Among those speaking in .tribute to former Chief Justice Cappy were his successor, Chief Justice Ronald D. Castille; University of Pittsburgh Chancellor Mark Nordenberg; former U.S. District Court Judge and current University of Pittsburgh Medical Center Chief Legal Counsel Robert J. Cindrich; and Duquesne University School of Law Interim Dean Ken Gormley.

Many of the speakers highlighted Chief Justice Cappy’s judicial prowess and his impact on Pennsylvania’s jurisprudence and judicial system.

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“Ralph inhaled legal precedent and breathed it onto the pages of his opinions as if he had super-human powers,” said Dean Gormley, a former special clerk for Justice Cappy. “He had an uncommon gift for being able to look 10 miles down the road and immediately grasp — with a sixth sense I have never seen in another person — how each decision he made would potentially impact the law, his fellow judges in the lower courts, and ordinary citizens to whom he was foremost responsible.”

When Justice Cappy ascended to the Supreme Court, one of its sitting justices was under investigation and eventually impeached. Current Chief Justice Castille shared a quotation by the 19th century essayist Henry Ward Beecher in order to illustrate the immense role that Justice Cappy played in repairing the court’s reputation. Beecher wrote, “If you take all of the robes of all of the good judges who ever lived on the face of the earth, they would not be enough to cover the inequity of one corrupt judge.”

“In Ralph Cappy’s case,” said Justice Castille, “his robes would be big enough. He has brought honor to our profession far and above the inequity of one corrupt judge.”

While much of the event celebrated Ralph Cappy the chief justice, each speaker ultimately paid tribute to Ralph Cappy the person. Chancellor Nordenberg, a longtime professional partner and friend of the former chief justice, told stories about Cappy’s cross-country motorcycle adventures and good times on the golf course. “When you were travelling by his side,” he said, “you were almost always having fun.” The respect and affection that he felt for his deceased colleague was evident through his passionate parlance.

“In any occupational setting dominated by vertical relationships,” said Chancellor Nordenberg, “an inflated sense of self-importance can become an occupational hazard . . . Ralph never suffered from that problem. Instead, he always was able to take his responsibilities seriously without taking himself too seriously — a wonderful combination of qualities in any person, but especially in a judge.”

The Honorable Joseph Del Sol, the retired president judge of the Pennsylvania Superior Court, also spoke of a fun-loving Justice Cappy.

“The 5,000 mile motorcycle ride, wearing a parrot hat at a Buffet concert ... this is the Ralph Cappy that I will truly miss,” he said. He also commented on how Justice Cappy’s humanity informed his judicial post. “Sir Thomas Noon Talford once said, ‘Fill the seats of justice with good men, not so absolute in goodness as to forget what human frailty is’” He added, “Ralph Cappy was a good man, husband, and friend and will be missed.”

When asked to reflect on the event in which he had just taken part, Justice Max Baer, a Duquesne Law School alumnus, focused on Chief Justice Cappy’s humility. “The tradition is that [a justice’s] portrait is hung when he or she retires from the court,” he said. “Most live to see it go up. But Ralph was a very modest man. He would have been embarrassed by all of the hub-bub, but he would have liked the day.”

A major theme of each speaker’s remarks was the impact that Chief Justice Cappy had on the Pennsylvania legal community. This impact is perhaps most cogently revealed through the eyes of Joseph Valenti, a recent law school graduate and

Interim Dean Gormley addressed The Supreme Court and the audience 14

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member of the Pennsylvania Bar who served as Editor-in-Chief of Volume 47 of the Duquesne Law Review. Initially conceived as a tribute to the Chief Justice’s career and jurisprudence, the publication transformed into a memorial upon his unexpected passing. This special session of the Supreme Court marked the volume’s official release. Many of the event’s speakers, as well as several Pennsylvania Supreme Court justices, appeals judges, trial judges, Pennsylvania Senator Stewart Greenleaf, and Pennsylvania Governor Ed Rendell contributed to the publication.

When asked to reflect on the process of compiling the Law Review, Valenti’s reverence for Chief Justice Cappy permeated his response. “Justice Cappy was completely aware that we were working on a tribute to him,” Valenti said, “but he did not want to write an autobiographical piece, nor did he want to have any part in recruiting contributors. There was some history of Duquesne’s Law School faculty criticizing the Supreme Court, so we called him and assured him that the Law Review would not be critical — that we were working on a positive tribute.

His response was that he encouraged the debate.”

When asked what he had taken away from the months of work he had dedicated to Justice Cappy’s life and career in assembling the Law Review tribute, Valenti said, “First, always be friendly and respectful when practicing law. Fight hard on the merits, but show your opponents respect at the end of the day. Second, you have to have that balance. Make sure that the people who are close to you know it. Take those motorcycle rides, play golf, spend time with your family, and work hard.

Justice Cappy had that balance — a great balance between work and family. You must always make time for your family and friends.”

Chancellor Nordenberg most accurately summed up the thrust of both the Supreme Court Special Session and Law Review tributes by channeling Abraham Lincoln in his closing remarks: “In the end, it is not the years in your life that count. It is the life in your years.” No one fit more life into his years than Ralph Cappy.

Daniel Craig is a second-year student. He is a staff writer for Juris.

He is interested in environmental law. Daniel is a 2008 graduate of The Ohio State University, with a degree in English. He can be reached at craigd@duq.edu.

“...always be friendly and respectful when practicing law. Fight hard on the merits, but show your opponents respect at the end of the day.”

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Two Women, Two Benches, One Common Title:

Role Model The Stories of Chief Judge Donetta Ambrose and Judge Maureen Lally-Green

By Ashley Owens and Lisa Dougan

Chief Judge Donetta Ambrose Today, women in power are often categorized as too aggressive, selfish, or masculine. However, upon meeting Chief Judge Donetta Ambrose, none of those adjectives comes to mind. The first female chief judge of the Western District of Pennsylvania is confident and graceful, effortlessly commanding the attention of her colleagues through her clear intelligence and interesting anecdotes. In September of 2009, Ambrose stepped down as chief judge. Judge Ambrose will remain an active judge for another year until her next big decision on Nov. 5, 2010 – her 65th birthday.

“My life won’t change much now after stepping down. I just won’t have the busy administrative work. My real decision is what I’ll do on November 5. I don’t have an answer to that yet. Do I want to stay on as the senior judge? Retire? Really retire? Right now, I am open to all options,” Judge Ambrose said.

One thing is clear. Judge Ambrose loves her job.

“Being a federal judge is truly the greatest job in the world,” Judge Ambrose said. “If you ever get the chance, you should be a federal judge.”

Judge Ambrose’s career accomplishments are impressive.

She began her legal career as a clerk for the Honorable Louis Manderino. She then worked as an assistant attorney general, and later worked in private practice and as an assistant district attorney for Westmoreland County. In 1981, Judge Ambrose

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was elected to the Court of Common Pleas of Westmoreland County, and in 1993 was appointed to the United States District Court for the Western District of Pennsylvania. She has served as chief judge since 2002.

Judge Ambrose has also won numerous awards including a Special Recognition Award from the Pennsylvania Bar Association for implementing an Alternative Dispute Resolution program in the court, the Duquesne University Women’s Law Association Woman of the Year Award, the Duquesne University School of Law’s Distinguished Alumna Award, and the Women’s Bar Association Susan B. Anthony Award. Recently, Judge Ambrose was inducted into the Duquesne University Century Club.

Given these accomplishments, it is surprising Justice Ambrose had no idea what a lawyer did and wanted to become an English teacher. An older friend convinced her to consider law school, and she enrolled at Duquesne. As it turns out, Justice Ambrose’s influential friend was the late Carol Los Mansmann, who was the first woman appointed to the federal bench Chief Judge Donetta Ambrose in Pittsburgh.

Once Ambrose began law school, her passion for learning combined with a zeal for “the wonderful job” of being a lawyer.

“I always liked school, so I enjoyed the learning. I loved law school. The academics were very interesting,” Judge Ambrose said.

Judge Ambrose, one of only three women in the class of 1970, ranked high in her class, but received no interview offers from any law firms. In fact, none of the three women were offered interviews.

“It was only the beginning of the wave of women. The dean of the law school [Dean Manderino] happened to be leaving to take a position as a judge for the Court of Common Pleas of Pennsylvania. He decided to take me with him,” Judge Ambrose said. “The second year, Judge Manderino moved to the Supreme Court of Pennsylvania, and I was able to go with him then too.”

Ambrose admits this was an especially difficult time for women in the legal profession.

“Being a woman in the legal profession during this time was considered a novelty. However, being a woman probably helped me get a job in the DA’s office. Timing was important. They wanted diversity, and they wanted a woman,” Judge Ambrose said.

“There is still not an even playing field. Granted, the climate for woman has changed to some degree. But, women still have to work very hard to get business,” Judge Ambrose said.

“It is tough for women to do everything – take care of the household, their children, their parents. Is it impossible? No. Women just don’t have the same advantages men have. It all depends on the choices you make as a woman.”

One important choice Ambrose made was to return to her hometown of New Kensington when she was pregnant with her first and only child. This decision greatly affected her career, as it led to her election to the Court of Common Pleas of Westmoreland County. Consequently, Judge Ambrose believes smaller things may lead to bigger things, and warns never to underestimate the communities outside of Pittsburgh.

Judge Ambrose is the perfect example of how a bit of chance, a lot of hard work, smart decisions, and a true love for what you do can blossom into a wonderful career. She sums it up with her philosophy for future lawyers.

“You’ll find your place. If you’re a good, honest lawyer working for justice, you will be fine,” Judge Ambrose said.

Judge Maureen Lally-Green It was not so long ago that women did not have opportunities to pursue various career paths and continue with those careers after having children. Judge Maureen Lally-Green is

a perfect example of how women have progressed far beyond the constraints of those aged ideals and opened the doors of opportunity for well-educated females following in their footsteps.

After practicing in the legal field for more than 35 years, including over 11 years as a Judge on the Superior Court Judge Maureen Lally-Green of Pennsylvania, Judge LallyGreen decided to travel along a new path. On July 31, 2009, she retired from the bench to serve the Catholic Diocese of Pittsburgh as director of the Office for Church Relations.

In her capacity as Office for Church Relations director, Judge Lally-Green will work with the communities of Southwestern Pennsylvania as a liaison for all Catholics in order to increase understanding of the church and encourage participation and service. Even though she loved every minute of serving on the bench, Judge Lally-Green believed there was “something else out there beckoning” and accepted this position.

“You never know when opportunities are going to knock on the door, but you have to be prepared to take them because they knock just once,” Judge Lally-Green said.

“Life is really about the journey along the way. How you walk along life’s path is what is important. Others will remember you based on the kind of person you reflect.” Judge Lally-Green said. In addition to always doing the best job possible, her “walk along life’s path” emphasizes respect for others, compassion, and courtesy. Judge Lally-Green emanates those qualities through her leadership and service. Her former colleague, President Judge Kate Ford Elliott of the Superior Court, agrees.

“Judge Lally-Green’s scholarship, integrity, and wisdom enhanced the Superior Court of Pennsylvania and provided great service to the citizens of Pennsylvania. For many of us who served with her on the bench, she is missed not only as a colleague, but as a valued friend,” Judge Elliott said.

Judge Lally-Green attended Duquesne University as an undergraduate. She pursued a degree in secondary education, and planned on becoming a math teacher. However, students she was helping prepare for the LSAT convinced her to take the test with them. She graduated from Duquesne University School of Law in 1974 and was a member of the Duquesne Law Review. Judge Lally-Green believes that her education from Duquesne served her well.

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work for the Commodity Futures Trading Commission in Washington, D.C. She returned to Pittsburgh to work for Westinghouse Electric Corporation, and at that same time, Judge Lally-Green and her husband started a family. In order to spend more time with her children, she left Westinghouse and began teaching part-time at Duquesne Law School in 1983. “Professions may come and go, but family is always there, and children are only children for a defined segment of time,” Judge Lally-Green said. In 1985, she also began assisting two justices on the Pennsylvania Supreme Court.

In 1992, she became a full professor of law at Duquesne.

Judge Lally-Green continued to teach as an adjunct professor even after becoming a judge. She continues in this role today and currently teaches Appellate Practice and Procedure and Employment Discrimination. This semester, she developed a non-credit class for students hoping to become judicial law clerks. She loves Duquesne Law and feels privileged to be a part of the process that aims to bring more of a focus on appellate advocacy to the law school.

Just as she had never planned on going to law school, Judge Lally-Green never intended on adding the title of judge to her resume. However, in 1998, she was appointed to serve as judge on the Superior Court and was elected statewide to a 10-year term in 1999.

“Judges have incredibly important responsibilities under our Constitution. The public’s trust in the third branch of government is a!!"#$%&'()*+,-%./01/2%%%!%%%!!343#4%%%$566%.7 function of its trust that judges will do the right

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thing the right way every time,” Judge Lally-Green said. “My job was to read the law accurately and completely, to carefully examine the record, to address only the questions presented, and to clearly explain the decision. And, as a judge, I always tried to do this job with a great respect for the individuals involved in the matter. It was the greatest privilege to serve on the court,” she said.

In addition to her accolades as teacher and judge, Judge Lally-Green is a member of the Pennsylvania Bar Association and the Western Pennsylvania Women’s Bar Association, and has been the recipient of several awards including Duquesne University Law School’s Distinguished Alumna Award and the Women’s Law Association Woman of the Year. Undoubtedly, Judge Lally-Green admirably performs the roles of mother, wife, friend, judge, professor, and attorney.

Ashley Owens is a second year student. She is a Chief Staff Writer for Juris, a board member of the Public Interest Law Association, and a member of the Women's Law Association. Ashley received her undergraduate degree from the University of Dayton. She can be reached at owensao@gmail.com.

Lisa Dougan is a third-year evening student. She is a Staff Writer for Juris, a Junior Staff Member on the Duquesne Business Law Journal, and a member of the Women's Law Association.

Lisa received a bachelor's degree in biochemistry and a master's degree in forensic science and law from Duquesne. She can be reached at dougan158@duq.edu.

Allegheny County Bar Association

Institute for Gender Equality Seeks Better Tomorrow for Female Practitioners

By Juliann Haynes On October 28, 2009, the Allegheny County Bar Association (ACBA) celebrated the opening of the Institute for Gender Equality with an inaugural luncheon. The organization has the a goal of enhancing the presence of women in leadership positions in Allegheny County, eliminating the gender gap and increasing women’s professional satisfaction.

The organization hopes to help female lawyers build successful careers.

The Honorable Marjorie O. Rendell, U.S. Court of Appeals for the Third Circuit and First Lady of Pennsylvania, and Ms. Laurel Bellows, the Immediate Past Chair of the American

Bar Association’s House of Delegates and Past Chair of the American Bar Association’s Commission on Women in the Profession served as honored guest speakers.

While countless hours and planning undoubtedly went into the flawless execution of the luncheon and the selection of delicacies enjoyed, it was not until the conclusion of the afternoon that the most ardent task for those involved with the Institute commenced: to strive for gender equality in the legal profession.

Indicative of its name, the Allegheny County Bar Association Institute for Gender Equality boasts a goal of

Kimberly Brown, Linda Hernandez, Laurel Bellows, and The Honorable Marjorie O. Rendell, photograph taken by Drew Hardman and contributed by the ACBA

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enhancing the presence of women in leadership positions in Allegheny County, eliminating the gender gap, increasing professional satisfaction, and expanding the avenues through which female lawyers can build successful careers.

The goals of the Institute for Gender Equality are not the concerns of yesteryear. The creation of the institute came in response to the discrepancies that exist between men and women in the legal profession. The trend was the focus of two studies conducted by the ACBA Women in the Law Committee and the Gender Bias Subcommittee of the Women in Law Division of the ACBA. The studies were conducted in 1990 and 2005. The research found large differences between men and women regarding pay, job satisfaction, job retention, opportunity for advancement and the perceived significance of the wage gap.

Concerned with the results of these studies, the ACBA created a Task Force which was instated by then ACBA President and current interim dean of the law school, Ken Gormley. The Task Force, over a period of 18 months, “research[ed] law firms and bar associations, conduct[ed] focus groups and interviews, and drill[ed] down into those survey results to determine where change was needed,” stated Hernandez. The Task Force worked over a period of 18 months to accomplish its goals.

According to the Task Force’s press release, they “developed a comprehensive list of recommendations and best practices that we believe will help us, if we work together, to ensure gender equality in our legal community.” One such recommendation for achieving this goal was to establish an Institute for Gender Equality.

Linda Varrenti Hernandez, Esquire, ACBA Gender Equality Coordinator and Task Force member, said that the concept behind the creation of the Institute for Gender Equality was to establish a place that would not just talk about prevalent gender issues, but would “do something positive,

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something systemic” to address them. With these goals in mind, the Task Force decided to create a place where people could take classes and engage in “collaborative and multi-faceted programs to address the issues facing female attorneys.”

Despite its focus on the advancement of women in the legal profession, the Institute will not be exclusive to women participants alone. Ms. Hernandez emphasized that the classes would be open to all involved in the legal field, because “it’s not enough to speak to only women practitioners, . . . the people who make the decisions have to be part of the solution and students need to be spoken to before accepting jobs.”

The Institute for Gender Equality offers three series of curriculum that are each custom designed for one of three targeted groups.

The target groups are “decisionmakers,” “practitioners,” and “law students.” Regardless of the series, each class will be open to roughly 20-25 participants and will focus on developing one of the six skill-sets suggested by the Task Force. In addition to these classes, the ACBA Institute for Gender Equality will be offering three seminars at Duquesne University School of Law and the University of Pittsburgh School of Law throughout the year.

For more details about the ACBA Institute for Gender Equality, including class schedules and a full copy of “The Report and Recommendations of the Gender Equality Task Force of the Allegheny County Bar Association,” please visit the ACBA’s website at http://www.acba.org/.

Juliann L. Haynes is a third year day student, graduating in June 2010. She is a staff writer for Juris and Chair of the Women's Law Society's Inter Law School Social Committee. Juliann is a 2007 graduate of the Pennsylvania State University with a B.A. in History and a Minor in Political Science. She can be reached at Haynes535@ duq.edu.

“Neutral Third Party?”

Attorney General’s Findings Shake Alternative Dispute Resolution Arena

By Ryan Duty The realm of alternative dispute resolution had an eventful summer, as one of its stalwart institutions stopped arbitrating a common portion of consumer disputes.

This past July, the National Arbitration Forum (NAF), the country’s largest administrator of consumer credit card and collections arbitrations, agreed to cease arbitrating credit card and other collection disputes in light of a lawsuit filed against it by the state of Minnesota. The suit alleged that the NAF defrauded consumers by claiming that it was an independent and neutral third party in arbitrating collection and other disputes, when in fact it had extensive financial ties to the collections industry. This startling development affects millions of consumers around the country, as the NAF will no longer conduct consumer arbitrations in several areas including credit card debt, loans, telecommunications, and health care.

In a press release from the Office of the Attorney General for the State of Minnesota, Attorney General Lori Swanson explained that the NAF “worked alongside credit card companies to get them to put unfair arbitration clauses in the fine print of their contracts and to appoint the Forum as the arbitrator.” The clause would appoint the NAF as the arbitrator of any dispute that may arise. Once a dispute did arise, the creditor would file a claim with the NAF, generating revenue for the organization. In many instances, consumers, especially credit card holders, would not even realize there was an arbitration clause in their contract.

When credit card companies would serve notices of arbitration for collection disputes, many consumers would simply ignore them, subjecting them to default judgments.

According to the complaint filed by Attorney General Swanson, consumers who did go through the arbitration process were not on a level playing field. The NAF would essentially work alongside the collection business to ensure that consumers would be subjected to a binding arbitration clause, by convincing creditors to bury arbitration clauses in the fine print of their customer contracts. The clause would necessarily appoint the NAF as the arbitrator of any dispute that may arise.

Once a dispute did arise, the creditor would file a claim with the NAF, generating revenue for the forum.

The NAF’s financial ties to the collection industry were vast, according to the complaint. The NAF was allegedly backed by a New York hedge fund which also owned a large debt collection conglomerate. That group was purportedly made up of three of the biggest debt collection law firms in the country, which had merged into one national firm. The NAF would suggest that creditors use this group of firms when arbitration was necessary. According to the complaint, over 60% of consumer debt arbitration claims were filed by one of the three firms making up the collection enterprise. This all took place despite numerous public assurances by the NAF that it was an impartial and neutral third party and had no such affiliations.

Attorney General Swanson wrote a letter to the American Arbitration Association on July 19, two days after the NAF agreed to stop its consumer dispute business. In this letter, Swanson detailed what she called “repeat player bias.” According to her, arbitrators in consumer disputes are more likely to favor the dominant party in the proceeding. This is because that dominant party (the credit card company or other creditor) would be the party that would send future cases, and thus generate revenue, to the NAF. According to Swanson, interviews of NAF arbitrators and employees revealed that arbitrators who did not rule in favor of the so-called dominant party would not be appointed to arbitrate future proceedings.

Professor Alfred Peláez, faculty member and coach of the arbitration competition team at Duquesne University School of Law, agrees with the findings that Attorney General Swanson noted in her letter about the problem of “repeat player bias.”

“I don’t think arbitration works that well with repeat players,” he said. “It’s tough to ensure that there will be a fair hearing.”

Professor Peleaz believes this issue is not just specific to the NAF, but to all arbitration proceedings pitting consumers versus dominant parties who can choose the forum in which to arbitrate.

“It’s human nature,” he said, “doubts will be resolved in their best interest.” He noted that the arbitrators would feel pressured to rule in favor of the party likely to select them in the future.

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Attorney General Swanson asked the American Arbitration Association (AAA) to voluntarily stop conducting consumer debt claims based upon pre-dispute arbitration agreements.

The Association agreed; posting on its website shortly after the letter was issued that it would not accept new consumer debt collection claims.

While the future of consumer arbitration has been shaken by the NAF’s and AAA’s decisions to stop administering such proceedings, there are still companies and independent arbitrators who will perform consumer arbitrations. Despite

A Student Bar Association Update

SBA Presidents, Steven Singhaus and Matthew Lambach n This

semester, we held the first annual New Student Orientation Carnival. At this event, new students were able to meet students, professors, faculty, as well as leaders of student organizations.

n We

sponsored the Katie Westbrook 5K Race, which funds bone cancer research and the Trial Advocacy Scholarship. We quadrupled the participation and are close to reaching our goal of $10,000.

n SBA

participated in the Variety Wheelchair Grand Prix, which benefits children of Allegheny County, and Light the Night, which benefits the Leukemia and Lymphoma Society.

n We assisted the law school in prominent events such

as the Bridget and Alfred Peláez Legal Writing Center dedication, the Ralph J. Cappy dedication, and the various alumni receptions.

n We

also sponsored a blood drive in October, which raised 33 donations for Central Blood Bank.

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the findings of Attorney General Swanson, there has been and still is a clear preference among the courts of United States for alternative dispute resolution. While the positives of such arbitration cannot be overlooked, the rights of the consumer may remain compromised if similar practices are allowed to continue.

“Arbitration is a cost effective way to resolve a lot of disputes,” Professor Peláez said. “But, like anything else, it can be abused.”

Ryan Duty is a third year day student and received his Bachelor's degree in Journalism from Miami University. Along with being an Associate Editor for Juris, he is a Research Editor for the Duquesne Law Review and a recently published author in the Duquesne Criminal Law Journal. He is also a competitor in the ABA Labor and Employment Mock Trial Competition. Ryan can be reached at duty352@duq.edu.

Prescription Drug-Related Deaths: Is the Prescribing Doctor a ‘Smooth Criminal’?

By Katherine Lowery In late August, pop icon Michael Jackson’s death was ruled a homicide by the Los Angeles County coroner. Jackson’s death was caused by a combination of prescription drugs, including propofol, lorazepam, midazolam, diazepam, lidocaine, and ephedrine. Since the death has been ruled a homicide, it now appears that criminal charges may be filed against Jackson’s personal physician.

If such a situation occurred in Pennsylvania, it would be very difficult to obtain a conviction against the physician who prescribed the medications. If charged, the physician would most likely be charged with third degree murder or involuntary manslaughter, according to Bruce Antkowiak, professor of law at Duquesne University. However, even though these crimes require a lesser standard of proof than the specific intent required for first degree murder, the Commonwealth still carries a heavy burden.

In a civil suit, to prove medical malpractice, the plaintiff would have to prove that in prescribing the medicine, the doctor went so far outside the generally-accepted medical standards that it is appropriate to impose civil liability. Professor Antkowiak explained that the criminal standard is “much farther beyond” the civil standard. For a third degree murder conviction to be obtained, the prosecution must prove the doctor’s “conscious disregard . . . a level of recklessness that is way beyond the ‘you should have known’ standard of negligence,” said Professor Antkowiak. Even for the lesser charge of involuntary manslaughter, a “gross deviation” from the standard of care and a “totally unreasonable” disregard of an unjustifiable risk is required, he said. Given this extremely high standard, it seems likely, at least in Pennsylvania, that the prescribing doctor would not be found criminally negligent.

California, unlike Pennsylvania, has a specific statute prohibiting physicians from prescribing drugs to patients that are not necessary for treating a medical condition. The statute provides that “a prescription for a controlled substance

shall only be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her professional practice.” The statute further provides that “[t] he responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner.”

Although that provision continues on to say that a pharmacist also bears responsibility for dispensing controlled substances that he or she knows are not used for a medical purpose, it is the physician who bears the primary responsibility for prescribing the drugs. The statute also provides that a physician who violates the statute will be imprisoned for up to a year and/or fined as much as $20,000.

The California statute means that if a physician is convicted, the punishment is far less severe than third degree murder or criminal negligence. However, it would also be far more likely to obtain a conviction in California than in Pennsylvania, due to the lower standard of proof required.

Given the publicity generated by Michael Jackson’s death, it seems likely that an increased chance of a conviction, albeit accompanied by a lesser punishment, is advantageous.

Katherine Lowery is a second year student. She is a Copy Editor for Juris and a Junior Staff Member on the Duquesne Law Review.

Katherine graduated from Allegheny College in 2008 with a degree in Political Science. She can be reached at loweryk@duq.edu.

References i Alan Duke, “Michael Jackson’s death was a homicide, coroner rules,” www.cnn.com (Aug. 28, 2009). ii Id. iii CAL. HEALTH & SAFETY CODE § 11153 (2007). iv Id. at (a). v Id. at (a). vi Id. at (a). vii Id. at (b).

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The Wecht Institute Announces

“Forensic Fridays”

2010 Monthly Seminar Series to Offer CLE and Other Professional Education Credit As part of its longtime mission of bridging the gap between legal and scientific education, The Cyril H. Wecht Institute of Forensic Science and Law is pleased to announce a series of monthly seminars geared toward offering the region’s attorneys – along with other professionals – a better grounding in many of the forensic scientific disciplines and methodologies upon which their work relies.

“Forensic Fridays,” which will begin on January 15, 2010, will run on selected Friday afternoons through June, with a special seminar on football-related brain injuries being offered as a full-day program. Drawing on members of the Institute’s faculty and other legal and scientific experts from the Pittsburgh region and beyond, the series has been developed to address a broad array of timely and relevant subjects.

“As a longtime provider of CLE, continuing nursing and continuing medical education through our annual conference series, we look forward to beginning to offer these opportunities on a more regular basis and in shorter courses better suited to the busy schedules of professional people,” said Institute Director Frederick W. Fochtman. “At the same time, we’re excited about sharing our faculty’s expertise in toxicology, pathology, nursing, and other disciplines with lawyers and other professionals who can benefit from that expertise.”

The Criminal Law Journal Hits the Cyber-Presses

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The preliminary series schedule, though subject to change, is as follows: n

Jan. 15:

Alcohol and Drug Toxicity in Criminal Litigation

n

Feb. 12:

Forensic Issues in Medical Malpractice Cases

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March 12: Football-Related Brain Injuries: MedicalLegal and Forensic Scientific Aspects

n April 9:

Accident Reconstruction in Personal Injury Cases

n

May 14:

Forensic Investigation of Sexual Assault Cases

n

June 4:

Behavioral Science Evidence in Divorce and Custody Cases

“Forensic Fridays,” which will be formally announced via email and on the Institute’s Web site later this year, will be offered both as a series and on an individual seminar basis.

Those interested in being added to the email list should contact the Institute at 412-396-1330 or wechtinstitute@duq.edu.

Duquesne University School of Law approved the publication of a Criminal Law Journal early this year. The Criminal Law Journal (CLJ) will be a free online publication accessible at www.duquesneclj.com.

The CLJ is a unique publication in the legal field because it utilizes the process of peer-review, which is common to most other academic fields and professions, but is only utilized in a handful of legal publications. A panel of distinguished experts in the field of criminal law have agreed to act as peer-reviewers, evaluating each article submission for currentness, accuracy, and relevance to the criminal law filed. It is the CLJ's goal to publish a journal that will be an authoritative source on the cutting edge issues facing the judges and practitioners who make the criminal process a reality in the courts of the Commonwealth and the United States.

Federal Solution for Student Loan Woes

By Jessica Troy

Many emotions come to mind when the word “graduation” is mentioned. Fear may be a new addition for some. The job market is less than ideal, and law students nationwide have been left wondering where they will find the money when their loans go into repayment.

The federal government answered back on July 1, 2009, with the new Income Based Repayment Plan (IBR). IBR puts a cap on monthly federal loan payments based on both income and family size. This sliding scale is set to benefit anyone who owes more in federal student loans than they earn in a calendar year, including undergraduate and graduate loans alike.

Any student who continues to make timely payments under IBR will, after 25 years, have any remaining debt and interest forgiven. This debt forgiveness timeline decreases to 10 years for those students working in a government, nonprofit, or public service job.

Eligibility for IBR can be quickly determined by directly contacting your lender or by visiting the IBR Calculator at www.studentaid.ed.gov. Using the sliding scale of family size and annual income, the IBR Calculator will estimate a monthly payment. Generally, if that payment amount is less than the standard 10-year monthly payment amount, you are eligible for the Income Based Repayment Program.

Before enrolling in IBR, certain disadvantages must be weighed. The faster loans are repaid, the less interest you pay.

By decreasing payment amounts under IBR, more interest may be paid overall. Also, and maybe more importantly, without an accurate annual update of your income and family size, the federal government reserves the right to revert your payments back to the standard 10-year repayment amount.

For more details on IBR, detailed instructions on how to apply for the plan, and a video on how to “ditch your debt gremlin” visit www.IBRinfo.org.

Jessica Troy is a third year law student. She is the Managing Editor of Juris, a Senator of the Student Bar Association, and a member of the Women's Law Association. Jessica received her undergraduate degree from The Pennsylvania State University. She can be reached at troy9730@duq.edu.

References 1 www.nasfaa.org/publications/2009/anibr061209.html 2 www.studentaid.ed.gov

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