Juris Magazine - Summer 2009

4 0 t h

A n n i v e r s a r y

Summer 2009

40

Years of

Excellence

Table of Contents Letter From the Editor ....................................................... 1 Professor Ken Gormley named Interim Dean . ............... 2 Professor Nancy D. Perkins appointed Associate Dean for Academic Affairs . .............................. 2 First-Year Write-On Competition Winning Entry . ........ 3 DCLI Receives New High-Tech Computers...................... 4 If Looks Could Kill. . . Your Career . ................................. 5 Happily Ever After? Considerations of Romantic Relationships in the Legal Workplace................................ 6 A Student Bar Association Update.................................... 7 Prominent Alum to Speak at Graduation......................... 9 ‘Till Law School Do Us Part? .......................................... 10 A Defense Courtesy of the Allegheny County Public Defender’s Office .................................................. 12 40 Years of Excellence........................................................ 16 Counseling Organizations Who Extend A Helping Hand to Others............................................... 24 Farewell To Dean Guter.................................................... 26 Not So Fast!........................................................................ 27 It Isn’t Easy Being Green................................................... 28 Childhood Obesity: The Newest Form of Child Abuse? ................................................................ 30 To Vaccinate or Not to Vaccinate, That is the Question.......................................................... 32 When the IRS Comes Knocking, When Your Small Business is Scammed By a Broker Turn to the Clinics at Duquesne....................................................................... 34 Congratulations to Rebecca Yanos................................... 36 Laws to Live By?................................................................. 37

JURIS STAFF 2008-2009 EDITOR-IN-CHIEF: Sarah R. Weissman EXECUTIVE EDITOR: Edward R. Duvall MANAGING EDITOR: Benjamin Steinberg ASSOCIATE EDITORS: Christina Horton Paul Batyko 40th Anniversary Section Editors Lara Shipkovitz Amy L. Vanderveen Juris Magazine is a biannual student publication of the Duquesne University School of Law. The views and opinions expressed herein are not necessarily those of Juris or the Duquesne University School of Law. Juris Magazine can be reached at juris@duq.edu.

STAFF WRITERS: Matthew Cianflone Amy Keiser Elizabeth E. Lamm Jennifer N. McDonough Edward Preston Anna (Anya) Ryjkova Vivian B. Taylor Zachary Smith Elizabeth Spadafore Joseph Williams Matthew B. Wachter Rebecca Yanos

CONTRIBUTORS Summer 2009 Brandon Neuman (3D) Justin Sorensen (1D) Paula Dillie (3D) Advertising Announcement: If you are interested in advertising in Juris, please contact us at juris@duq.edu.

Cover photo courtesy of the Juris Archives.

Correction: The story in the Spring 2009 issue about Student Organizations was written by Anya Ryjkova and Vivian Taylor.

Letter From the Editor This year was marked by many changes. In our world at the law school, the administration was changed over night, in the middle of winter exams. In the outside world, a new administration came into power in Washington promising change; the controversial Guantanamo prison facilities were ordered closed and billions of dollars were poured into failing landmark institutions. Closer to home, we heard rumors of mid-level associates losing newly-acquired jobs, as our classmates going off to large firms received news they would not be able to start work until January 2010 or possibly even September 2010 (delaying original start dates six to twelve months). This chain of seemingly unrelated events has one major thing in common: uncertainty.

Many of us came to law school with pre-conceived notions or laid-out plans of what our future as a student and an attorney held; a six-figure salary, a prestigious job offer, a cushy governmental launching pad. Unforeseen changes have put these types of plans in flux; when you wake up, everything could be different. First-years, who went through school their entire lives at the top of the class, will find themselves learning to live with life ranked in the middle. Second-years, who intended to land a prestigious summer associate position, will adapt to a less prestigious, less lucrative (hopefully legal) position. Third-years, saddled with debt equivalent to the price of a middle class home, who intended to have a satisfying career upon exiting law school, must adapt these newly acquired skills to search out available opportunities in this market.

In this issue, we celebrate 40 years of Juris. The editors of the anniversary section found that predictions for one’s future often do not materialize, based on interviews with professors looking back at their own graduations from law school. The most meticulously laid-out plans could be standing in the way of better opportunities. In the midst of this time of great uncertainty, perhaps the most useful skill a law student or young attorney can possess is the ability to adapt—sometimes in doing what is best, you have to let go of what you had planned or intended.

No one knows just what is next for the law school, the country, or re-organizing law firms. Some of us have seen that we may have to give up a little in order to thrive. Those of us learning to thrive in a world of uncertainty know that the bestlaid plans are those that can be easily changed. This is not the first time our country or this school experienced tumultuous times…our ability to adapt to and live in the tumult and during the changes rather than mourn failed plans stands as a testament to our true growth through this process called “law school.”

Sarah Weissman is the Editor-in-Chief of Juris. She also serves as a research editor on the Duquesne Law Review. Sarah will be graduating in June 2009 and will practice with the law firm of Meyer, Darragh, Buckler, Bebenek & Eck. She can be reached at srw2777@ yahoo.com.

I want to thank Justice Cynthia Baldwin for the opportunities, insight and continued mentoring. You have set the bar extremely high for the next generation of women attorneys. Thank you for the inspiration, as an attorney, a woman, and a mother. I aspire to carry myself with your grace and decorum and hopefully provide an example for women coming through the Bar after me.

Call for Letters to the Editor: Letters should address a current legal issue facing the region, law school, or law students or an issue at the law school. Letters should not exceed 250 words. We plan to pick two or three letters to publish per edition of Juris.

Letters should be submitted to juris@duq.edu with your contact information. Letters can be mailed to the law school at:

Duquesne University School of Law

600 Forbes Avenue

Pittsburgh, PA 15282

ATTENTION: JURIS MAGAZINE

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Professor Ken Gormley named Interim Dean Ken Gormley has served as a professor of law on Duquesne’s faculty since 1994 and is also associate vice president for interdisciplinary scholarship and special projects for Duquesne University. He is the immediate past-president of the Allegheny County Bar Association.

Before coming to Duquesne, Professor Gormley taught at the University of Pittsburgh School of Law and was director and founder Ken Gormley of the Mellon Writing Program in legal research and writing. He earned his B.A. from the University of Pittsburgh summa cum laude and his J.D. from Harvard Law School.

Professor Gormley’s expert opinion has been sought in the U.S. Congress and the Pennsylvania Senate, where he has testified on wiretapping, obscenity law, presidential pardons and the independent counsel law. Professor Gormley’s current book project on the Clinton-Starr investigation is scheduled to be published by Crown Publishers (a division of Random House) next year. His book, Archibald Cox: Conscience of a Nation won the 1999 Bruce K. Gould Book Award for best publication relating to the law.

A repeat speaker at the Chautauqua Institution, Professor Gormley has shared his expertise and opinions at university and legal gatherings in the U.S. and abroad, including Oxford University, Harvard Law School, the Pennsylvania State Trial Judges’ Conference, the National Council of Jewish Women, Hofstra University, the Aspen Institute, Boston University School of Law, the Federal Bar Association, the Society for Professional Journalists and the R.I.Z. Law Centre for European and International Cooperation in Cologne, Germany. Active in community as well as professional and academic areas, he is former mayor of Forest Hills, serves on the Forest Hills Community Development Corporation board and previously coached recreational soccer. Additionally, he sits on the board of trustees at St. Francis University, the Pennsylvania Supreme Court Historical Society, and the Pittsburgh 250 Commission.

President of the Harvard Law School Association of Western Pennsylvania, Professor Gormley also sits on the advisory board of the Bernard G. Segal Appellate Advocacy Institute and numerous other legal advisory boards.

Professor Gormley is of-counsel with the law firm of Schnader Harrison Segal & Lewis LLP based in Pittsburgh and Philadelphia. Previously, he served as executive director of the Pennsylvania Legislative Reappointment Commission and was a litigation attorney with the firm of Cindrich & Titus in Pittsburgh. As a special clerk to state Supreme Court Justice Ralph Cappy, he consulted on and drafted opinions dealing with Constitutional issues.

Professor Nancy D. Perkins appointed Associate Dean for Academic Affairs A professor in Duquesne’s School of Law since 1993, Professor Nancy Perkins has taught courses in property, environmental law, environmental justice, Pennsylvania administrative law and administrative process, as well as advanced legal research and writing. She has served as vice chair of the Sustainable Pennsylvania Program for the Pennsylvania Consortium for Interdisciplinary Environmental Nancy D. Perkins Policy and as a member of the Executive Council of the Environmental Law Section of the Allegheny County Bar Association.

Professor Perkins has authored numerous articles for law reviews and journals nationwide and co-authored a report submitted to the Pennsylvania Department of Environmental

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Protection by the Sustainable Pennsylvania Program of the Pennsylvania Consortium for Interdisciplinary Environmental Policy. She has served Duquesne law students in various roles, including as advisor to the Duquesne Law Review, coach of the National Environmental Law Moot Court Team, faculty advisor to the Duquesne Law School Environmental Law Society, and as advisor to the Women’s Law Association and the Student Bar Association.

Prior to coming to Duquesne, Professor Perkins taught at Nova Southeastern University’s Shepard Broad Law Center.

She also has practiced law with firms in Fort Lauderdale, Florida.

Professor Perkins is a member of the Florida Bar Association and the Association of American Law Schools. A member of Phi Beta Kappa, she received her J.D. from Nova Southeastern University’s Shepard Broad Law Center and her B.A. from Mount Holyoke College with high honors.

First-Year Write-On Competition Winning Entry During the Spring Semester, Juris revived its write-on competition.

BarBri sponsored this year’s competition, which was open to all first year law students. We asked entrants to write a column on a legal or law school-related topic of their choosing. It was difficult to choose a winner among the participants who managed to submit creative and publishable pieces in the midst of first-year appellate brief deadlines.

Congratulations to Justin Sorensen, the 2009 Juris First-Year WriteOn Competition Winner. Justin received $500 towards a Pennsylvania or Pennsylvania and New Jersey BarBri course upon graduation and earned a spot on our staff next year.

Diary of a First-Year

By Justin Sorensen

This journal was found jammed in the pages of a well worn legal textbook. As the dates progress the writing becomes less and less legible until it eventually stops...

2007 I just submitted my registration for the LSAT, the last day possible, as usual! Of course procrastinating means I have to take the test in Indiana, PA. It’s only ninety or so minutes away, no big deal.

their eventual career chasing ambulances. In this world there were only snobs and idiots, and they all worshipped at the altar of something they called “BIGLAW.” What’s new though, right? I’m sure it’s not that bad.

n November

n December

2007 The test was at 8:30 AM, on a Saturday. I made it there through sheer will, my eyelids, against all physical laws, drooped lower than the sockets themselves, and with aching white knuckles I fought the need for sleep by clenching the vinyl steering wheel with every ounce of energy I could muster. After the test some IUP seniors gave each other vigorous pounds and talked about getting hammered now that the test was over. It was noon.

Is that a sign?

n January

2008 Happy New Year! Law School stuff is progressing rather nicely. I did fine on the LSAT and moved on to researching which schools I want to apply to. I’m finding out that the internet collects the worst law school has to offer, a vile pit of human detritus clawing at dew-eyed innocents for no reason other than their own amusement. I also learned that everyone on the internet, contrary to all statistics available, is a legal scholar. LSAT scores of 175 are derided and their once proud owners are told to enjoy their terrible “choice” of school, and

n March

2008 I think I decided where I want to go. I won’t write it here in case I jinx it, but the facilities seem top notch, and it’s local. Found out my buddy from college ended up at Duke Law. I think I’ll ask him whether the rankings are as important as everyone says.

n April

2008 Buddy wrote me back. I’m not sure what to make of it.

He wrote “Don’t do it. HAHAHAHAHA...” Weird.

n May

2008 Got into my top schools, although I tried to stay reasonable in my choices, it still feels great! Sending my letter and deposit in tomorrow. Go me!

n August

2008 School starts soon. Been flipping through the few books that have come in so far and the topics seem really interesting. I bet this stuff on collateral estoppels and res judicata will be enthralling. I’m starting to think I should’ve taken Latin!

n September

2008 All my classmates are super nice. It’s really great to be around people who are so interesting and dedicated to their studies. I bet we’ll be friends for a long time,

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helping each other to do our best and taking the world by storm. The professors are all really smart too. They sure are reluctant to answer questions though. Everyone was talking about how much work you need to do, but it doesn’t seem so bad. I was a literature major, I read three times this much a week in college! Things are looking good! n October

2008 I got a little cold last week. It’s amazing how falling a little bit behind will really set you back in law school.

Is it possible to learn less the more you read? It’s okay though, all the upper classmen said they started to get it around now, so I bet it’ll get smoother soon.

n November

2008 Upper classmen were lying. It’s getting worse. If you don’t know the answer, don’t look professors in the eyes.

They can smell fear.

n December

2008 I felt something about taking a test that I haven’t since elementary school: fear, gut-wrenching, browdrenching, eye-crossing fear. It doesn’t make any sense to me. I studied for at least a dozen hours over the week before finals (which was maybe more time than I spent playing video games, or napping). I took at least ten pages of notes... FOR EACH CLASS. I only missed the maximum amount of classes. I didn’t even need to grovel for extensions or explain how it was just a bad year, health-wise, for my grandmothers. There just wasn’t any rhyme or reason as to why I felt nervous, unprepared, and ashamed as I jammed the orange foam plugs into my ears, crossed myself, and with shaking hands began typing some nonsense about adverse possession.

The next week played out more like a sitcom montage of a degenerate’s slide off the wagon. Scantrons flew by; pencils were sharpened, dulled, and sharpened again; pages of law books flipped by with noisy thwp-thwpthwp whipping sounds.

Red eyed and aching, but confident I had done all I could to reverse the devolution of the past semester, I took a rest. Eventually the week was over, I completed all the tests, and aside from the first one, I feel there were positives to every test. n February

2009 I blinked and it was Valentine’s Day, all of my grades were in, and it was time to check them. Cupid’s arrow missed me wildly.

I saw letters that cold, gray morning that I didn’t know were part of the grading scale. The wind left my shriveled lungs in a blustery whoosh. I reflexively pulled on my sideburns, hoping the pain would wake me from the nightmare unfolding before me. How? Why? What had I done to deserve this insult, this embarrassment?

You know what, I need to buckle down and get in gear.

n March

2009 So tired. Running out of money and food. If I don’t make it, please print this so others don’t make the same mistake I did. Take the first year seriously. Listen to TA’s.

Work hard.

n April

2009 Some friends noticed my absence and nursed me back to health. I started to study with them. I canceled cable and am only taking hand written notes so I don’t abuse the internet. I spend all my free time at the library, but aside from the rickets it’s not so bad. I remember how excited I was at the whole prospect of law school, and think if I keep it up I’ll be ok. I’ll get out what I put in.

Wish me luck.

Justin is a first year law student with a Master’s degree in publishing and previously worked as a project coordinator for a liturgical art studio. He can be reached at sorensenj@duq.edu.

DCLI Receives New High-Tech Computers

By Matthew Wachter The McGinnis Computing Lab, located in Room 118 in the Duquesne University School of Law Center for Legal Information (DCLI) is receiving new top-notch computing equipment. The machines will be installed in April. The library’s existing equipment is at least five years old. The purchase of 25 new Dell OptiPlex PC’s will provide Duquesne School of Law students with the best-quality equipment available today. A new scanner will also be added to Room 117.

The new computers were purchased from the existing Law Library budget. In the future, the Law Library plans on replacing computers every three years, said Milan Komljenovic, 4

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Manager of Information Technology. The total price for the new equipment was roughly $20,000. The Center welcomes all Duquesne law students to use the new facilities.

Matt Wachter is a second year student, graduating in June of 2010.

Last summer, Matt was a summer associate with Knox McLaughlin Gornall & Sennett, P.C. in Erie, Pennsylvania, and participated in Duquesne Law School’s Vatican City Study Program. A graduate of Penn State University, State College campus, Matt majored in history. He can be reached at mwachter26@gmail.com.

If Looks Could Kill. . . Your Career

By Amy Keiser It is no secret that people judge others not only on success and good moral character but also on the image they project. Some psychologists theorize that it takes only three seconds for first impressions to be formed.1 Society appraises visual and behavioral appearances from head to toe, assessing clothing, grooming, and accessories. Unfortunately, young attorneys are not immune to this natural human tendency. Respect and trust of partners and clients is influenced not only by work product and quality advice but also attire.

Poor appearances in the law firm can be attributed to the rise of the “business casual” workday. The dot-com boom made the “casual Friday” an everyday event. Law firms have failed to revert to the classic suit-only policy years after the burst of the Internet bubble.2 The result is a world of fashion confusion where attorneys deem it acceptable to don gym shoes, Ugg boots, and halter tops in the work place.

Tom Mills, a 60-year old managing partner at Winston & Strawn LLP, has complained that when some associates attempt to dress formally, they base their look on Hollywood. “You get the TV-woman-lawyer-look with skirts 12 inches above the knee and very tight blouses,” he says. “They have trouble sitting and getting into taxis.”3 Several larger law firms have attempted recently to raise awareness of the importance of dress and manners by hiring personal shoppers and etiquette consultants.

One fifth-year associate at a large New York law firm thought her “mannish” pantsuit and long jacket look was appropriate business casual attire until her encounter with some superiors in the office. Her supervisors informed her that she was “being arrested by the fashion police” and “being sent to a fullscale rehabilitation program,” which included a shopping trip and full makeover at a high-end salon. Tracy Batts, who no longer works for the firm, described the experience as “positively mortifying.” 4 The majority of law firms, however, do not have the stomach to tell their young associates to dress the part. Their reluctance to approach young associates is a detriment to those attorneys who will forfeit invitations to client meetings, assignments, and promotions.

The New York law firm, Manatt, Phelps & Phillips, recently chose “a polished, professional-looking associate” over a “brilliant” associate who had been counseled, to no avail, to improve his grooming and attire. The firm opted for an individual that is more presentable to the client.5 One partner from a different law firm has commented that he “just couldn’t imagine too many clients willing to pay more than $500-an-hour for legal advice to a guy wearing a knit shirt who looked as if he were going to hit the links as soon as this damn meeting was over.” 6

Most partners and advisors would agree that more formal attire is proper when an attorney is meeting with a client or appearing in court. But a young attorney has reason to be weary where there is no special occasion to put on a three-piece suit.

Regardless of a firm’s newer “business casual” dress code, new associates are evaluated by “old-school” bosses who believe that the suit is the lawyer’s uniform and is to be worn as a badge of honor. With tough economic times and law-firm layoffs mounting, the fear of unemployment has brought traditional power dressing back into style.

Menswear retailer Paul Fredrick reported increased sales of the white-collared, colored dress shirts, similar to those worn by Gordon Gekko in the 1987 movie “Wall Street.”7 It is not necessary for a young attorney to have a closet full of $5,000 custom tailored Italian suits. But it would be shrewd to invest in a few high-quality suits rather than a rack of less expensive, trendier outfits good for only a season. Classics stand the test of time and can always be spiced up with colorful accessories. A good tailor and dry cleaner is a must. You can own the most expensive suit in the store, but it will look just as bad as the worst casual day attire if it doesn’t fit right. When you are ready to leave in the morning, after getting dressed, ask yourself if you would be comfortable bumping into the law firm’s founding partner in what you are wearing. And, most importantly, you should always dress for the job you want.

Amy Keiser is a third year day student. She received her B.A. in finance from James Madison University, and, after graduating in June, she plans to practice estate law in Harrisburg. She can be reached at amykeiser919@gmail.com.

References 1 Camille Lavington, You’ve Only Got Three Seconds: How to Make the Right First Impression in Your Business and Social Life 1 (Main Street Books, Doubleday 1997).

2 Christina Binkley, Law Without Suits: New Hires Flout Tradition, Wall St. J., Jan. 31, 2008, at D8.

3 Id. 4 Martha Neil, Ex Big Law Associate: I Was Arrested by Law Firm Fashion Police, ABA Journal, Jan. 27, 2009.

5 Christina Binkley, Law Without Suits: New Hires Flout Tradition, Wall St. J., Jan. 31, 2008, at D8.

6 Posting of Dan Slater, ‘My Suit is my Uniform’: Addressing Law-Firm Dress, Wall St. J. Law Blog, Apr. 21, 2008.

7 Christina Binkley, Inside a Bastion of Old-School Power Attire, Wall St. J., Feb. 12, 2009, at D8.

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Happily Ever After?

Considerations of

Romantic Relationships in the Legal Workplace

By Elizabeth E. Lamm Everyone knows the usual story. Two employees work together, one often subordinate to the other. Time passes and a romantic relationship begins between the co-workers.

Sometimes the story has an unhappy ending – favoritism in promotions based solely upon the relationship, retaliation at work by the jilted sweetheart or other employees, or even sexual harassment. But, at other times, everyone lives happily ever after. Just ask President Barack Obama and First Lady Michelle Obama.

In 1989, Michelle Robinson was an associate at the Chicago law firm of Sidley & Austin. That summer, Barack Obama, a law student from Harvard Law School, interned at the firm. Michelle was his summer supervisor. At the end of the summer, Barack returned to Harvard and Michelle eventually left Sidley & Austin, but not before a romance bloomed. The couple married in 1992.1 The story of President and First Lady Obama provides an illustration of an ongoing occurrence in the legal workplace – romance between co-workers. Although employers and employees alike may be loathe to agree, office romance occurs more frequently than people think. In an annually conducted survey of approximately 1,000 employees from various nationwide industries, the most recent results released in February 2009 are quite telling. In fact, fifty-eight percent of those employees surveyed reported engaging in a workplace-based relationship, and thirty-two percent reported participating in romantic activity at the workplace.2 Moreover, twenty-six percent of respondents reported meeting their spouse on the job, while fifty-seven percent responded that they knew of a married co-worker who was involved in an extramarital, workplace-based relationship.3 The theory that one’s home life and one’s career should be completely and distinctly separate is based partly in scientific management.4 At the root of this concept is the idea employees at work should “devote themselves to the tasks of the job and avoid thinking as much as possible about personal issues.”5 However, since the 1970s there has been a concurrent rise of feminism and the need to have a household with two breadwinners to be financially stable.

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These trends have meant women and men are interacting at the workplace in ever-increasing numbers.6 These individuals often spend eight to twelve or more hours in physical spaces occupied by the opposite sex. It is inevitable that relationships between co-workers form. And it is just as undeniable that the end of the relationship can raise a host of problems for both the employer and the employee.

When an office-based relationship ends, the potential ramifications can be extreme, and include claims of sexual harassment,7 retaliation, favoritism, and unjust or unlawful termination.8 For lawyers, office- and firm-based relationships raise a quandary of problems in addition to the issues prevalent in non-legal jobs. As one Pittsburgh attorney commented, a law firm involves a “more volatile atmosphere” than other workplaces.i The added pressure of a romance, according to the attorney, “would just make the atmosphere explode.”

One may believe that a romantic relationship within the legal workplace has some positive attributes. For example, if the relationship involves two attorneys, both understand the pressures inherent in the profession and would be able to interact at work when they may not be able to do so outside of the job due to time constraints, deadlines, or court appearances.

However, an alternate argument can be made that an already stressful career does not need any further complications that may arise from dating a co-worker.

...the problems begin when the relationship ends in the legal workplace Several Pittsburgh attorneys questioned about the issue of workplace relationships espoused one commonality: the problems begin when the relationship ends in the legal workplace.

Disruption, inefficiency, social issues, and legal consequences are likely, according to some of these attorneys interviewed.

One attorney stated that the “potential negative ramifications are unbelievable.” In small firms, the ex’s come into constant contact and must interact with each other to fulfill the firm’s and his or her clients’ needs. Larger firms may provide somewhat of a buffer zone for the broken-up couple, but the miasma of any negative feelings still hang over the heads of the individuals, other employees, and the firm in general.

When asked about what law firms can do to minimize the negative impacts of romantic relationships in the legal workplace, most attorneys interviewed indicated that employer policies defining the boundaries of the relationship, as well as the procedures to undertake when the relationship sours, would be helpful. This response invokes a growing trend in today’s workplace.9 For instance, in 2008, Vault’s employee survey indicated that only nineteen percent of employees knew their company’s policy of prohibiting workplace relationships. In its most recent survey conducted one year later, thirty-five percent of employees were aware of their company’s policy prohibiting co-worker relationships.10 Lawyers interviewed also noted the creation and implementation of “love contracts” as a possible solution for

employers, since relationships will inevitably develop and an outright ban on workplace relationships may not be possible or desirable.11 Scholars have explained that companies and firms are requesting or in some instances requiring employees who enter into a workplace relationship to sign a “love contract,” which is a form that discloses the relationship to the employer.12 The written agreement states that both employees consent to the relationship, understand the employer’s policies on sexual harassment, and agree to behave professionally and to refrain from any favoritism.13 Although some of the attorneys interviewed indicated either that their employers have relationship policies in place through an employee handbook or that they recognize the goal behind workplace romance disclosure, some questioned the efficacy of such policies. One attorney explained that the employee handbook would “be useful in subsequent litigation” by providing “coverage for the firm in litigation or in any other liability,” but that the existence of handbook policies has “no impact” on the practicalities of a workplace relationship.

Another Pittsburgh attorney asked about a “love contract” questioned its enforceability against employers and its relevance in any litigation.

According to one Pittsburgh lawyer, attorneys are placed in a “sensitive position” in their roles as professionals, and as such they must be careful when their romantic lives entwine with their professional careers. Employers should be urged to create

A Student Bar Association Update n We

sponsored the Barrister’s Ball in January. More than 600 students, faculty, staff and alumni attended this year.

n SBA

helped to judge Woodruff Grade essays as part of the “Do the Write Thing” essay competition. Students from the Pittsburgh City Schools participated and wrote about their experiences with youth violence.

n We

sponsored the First Annual Dessert Social. Marlon Ferguson, Duquesne School of Law Business Manager, was awarded the “Staff Member of the Year” distinction out of all the staff of the Law School. SBA also recognized the entire law school staff for their efforts.

n SBA

sponsored the “Duquesne Rock Against Cancer” at the Rex. All of the proceeds went to The Leukemia & Lymphoma Society.

A message from SBA President Brandon Neuman

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policies fostering disclosure of any relationship that develops within the legal workplace. Employee handbook policies prohibiting co-worker relationships within the workplace are a possibility, as is the creation and implementation of a “love contract.” Regardless of whether any formal policy is implemented, however, legal employers should be aware that romantic relationships do form at the office. A cause for concern exists when a workplace relationship develops between coworkers, one of whom possesses direct supervisory authority over the other. A situation like this could lead to allegations of favoritism and may provide other employees with ammunition in any lawsuits alleging discrimination in the workplace.14 Attorneys engaged in consensual romantic relationships with other attorneys or non-legal personnel should be encouraged to report such involvement to the employer’s director of human resources or managing partner. Disclosure of the relationship not only provides liability protection for the firm, but it also gives the couple an outlet through which to air grievances should the relationship end.15

It is axiomatic that romantic relationships in the legal workplace have developed and will continue to do so. Striking a balance between protecting employers from potential liability and protecting employee privacy is difficult. As one scholar suggests, flexible policies on workplace relationships are the most effective, with hard-line policies needed only when an individual is in a direct, supervisory position over his or her partner. Lawyers need to be aware that romantic, workplacebased relationships affect not only the individuals involved, but the entire firm or company. Through the suggestions posited in this article, both the legal employer and its employee should be able to live happily ever after.

Elizabeth E. Lamm is a third year law student graduating in June 2009 and will be employed as a law clerk to The Honorable Donald E. Beachley of the Circuit Court of Washington County, Maryland.

Elizabeth is a 2006 summa cum laude graduate of Bridgewater College with a B.A. in history & political science. She is also pursuing a combined M.S. in Health Care Administration/M.B.A. from University of Maryland, University College.

References L. REV. 311 (2006); Peter Geier, Baltimore Lawyers Discuss Use of “Love Contracts” to Protect Businesses From Sexual Harassment Suits, THE DAILY RECORD (Baltimore, MD), Apr. 15, 2005.

1 Barbara Kantrowitz, Secrets of the Obama Marriage, YOUR TANGO, http://www.yourtango.com/node/3294 (last visited Feb. 1, 2009).

2 Vault’s Office Romance Survey 2009, http://www.vault.com/surveys/officeromance/index.jsp?surveyPage=1 (last visited Feb. 10, 2009).

3 Id. 4 FREDERICK WINSLOW TAYLOR, THE PRINCIPLES OF SCIENTIFIC MANAGEMENT (1947).

5 Sharon Rabin-Margalioth, Love at Work, 13 DUKE J. GENDER L. & POL’Y 237 (2006).

6 Barbara Reskin, Sex Segregation in the Workplace, 19 ANN. REV. SOC, 241 (1993).

7 Meghan E. Bass, Dangerous Liaisons: Paramour No More, 41 VAL. U. L. REV. 303 (2006) (the author provides a background on sexual harassment lawsuits in the workplace, identifies new case law, and explains the positions taken by the Equal Employment Opportunity Commission).

8 Maureen S. Binetti, Romance in the Workplace: When “Love” Becomes Litigation, 25 HOFSTRA LAB. & EMP. L. J. 153 (2007) (explanation of legal, practical, and public policy issues inherent with workplace romance).

9 Vault’s Office Romance Survey 2008, http://www.vault.com/pdfads/survey-results/2008%20Office%20Romance%20Report.pdf (last visited Feb. 10, 2009).

10 Vault’s Office Romance Survey 2009 – Question 9, http://www. vault.com/surveys/officeromance/index.jsp?question=9 (last visited Feb. 10, 2009).

11 Joseph W. Gagnon, Four Things Every GC Should Know About Love Contracts, LAW.COM IN-HOUSE COUNSEL, http://www. law.com/jsp/ihc/PubArticleIHC.jsp?id=1205923895834 (last visited Feb. 1, 2009).

12 Jessica Lynn Mok O’Neill, If You Love Me Dear, Please Sign Here: Will the “Love Contract” Play a Role in Protecting Employers from Sexual Harassment Liability?, 40 J. MARSHALL

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13 Joseph A. Carello & Todd R. Shinaman, Love Contracts in the Workplace: “What’s Love Got to Do With It?”, http://www.nixonpeabody.com/publications_detail3.asp?ID=2181 (last visited Feb. 1, 2009).

14 For instance, in Broderick v. Ruder, 685 F. Supp. 1269 (D.D.C. 1988), the District of Columbia Circuit was confronted with a situation in which a staff attorney at the Securities and Exchange Commission charged two fellow attorneys with “sexual favoritism” by his conduct – granting promotions, giving cash awards, and providing other job incentives to two secretaries. Moreover, she alleged that one of her supervisors promoted another staff attorney to whom he was “noticeably attracted.” Broderick, 685 F.Supp. at 1274. The court in Broderick held that the supervisor’s conduct created a hostile work environment for the plaintiff and other female employees. Id. at 1278. It explained that sexual favoritism “undermined plaintiff’s motivation and work performance and deprived plaintiff, and other…female employees, of promotions and job opportunities.” Id.

The Third Circuit has rejected such a claim in Miller v.

Aluminum Company of America, 679 F. Supp. 495 (W.D.Pa. 1988), where the plaintiff claimed that a supervisor improperly gave preferential treatment to his paramour. The court explained that no claim could be made out for gender-based discrimination based on the showing of preferential treatment between a supervisor and a subordinate employee. Miller, 679 F.Supp. at 501.

15 Rabin-Margalioth, supra note 5, at 251.

16 Id. at 244-45. i The attorneys interviewed for this article are employed in Pittsburgh firms and/or corporations. Due to the sensitivity of the topic, the attorneys requested that their names and the names of their firms and/or corporations not be disclosed.

Prominent Alum to Speak at Graduation

Alan Braverman

Alan Braverman, Esq., a 1975 graduate of Duquesne University School of Law and current Senior Executive Vice President/General Counsel of the Walt Disney Company, agreed to serve as commencement speaker for this year's graduation. Mr. Braverman, who was editor-in-chief of the Duquesne Law Review and clerked for Justice Pomeroy on the Pennsylvania Supreme Court, thereafter moved to Washington, D.C., where he engaged in corporate litigation; he then held highlevel positions with ABC and ESPN.

Currently the chief legal officer for the world-wide Disney organization, Mr. Braverman is headquartered in sunny Burbank, California. Mr. Braverman cancelled his prior commitments so that he could attend the June 7th ceremony.

Interim Dean Ken Gormley said he “had a long talk with Mr. Braverman, and he will be a truly inspirational commencement speaker. He was genuinely honored to return to his alma mater for this special occasion.�

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9

‘Till Law School Do Us Part?

By Anya Ryjkova Law school is a life-changing experience that molds students into lawyers. A married law student encounters the additional challenge of maintaining a relationship with his or her spouse during the notorious first-year, stressful biannual exams and mandatory all-consuming Bar preparation. In talking with married students at Duquesne, I got some insight into what helped them maintain a healthy marriage through the process of law school.

Treat law school as a full-time job.

Clara and Bryan Schuster, both third-year day students, entered law school together with two young children. As parents, they felt accountable for every minute of their time. The Schusters treated law school as a full-time, nine-to-five job, taking only small study breaks, trying to complete their homework while their kids were in school. Clara and Bryan treat each other as teammates who are going through the same challenges. They rely on each other as study partners and keep each other going during the hard and stressful times. Clara and Bryan consider themselves fortunate as they go through law school together, not only do they understand each other’s school struggles and stresses, they will understand each other’s career, which they said is easier than a two-career household. After graduation Clara is going to work as an in-house legal counsel for Manufacturing Techniques Inc., and Bryan will stay with his current employer, Williams Coulson LLC, doing Estate Planning, Tax, and Business Planning.

Designate time to rest.

Associate Dean Nancy Perkins, L’86, Nova Southeastern University (Law Center), Davie, FL, began law school with a toddler and gave birth to her second child right after taking her Real Estate final exam. Associate Dean Perkins says that being married in law school taught her to be a better time manager. Even though she says she enjoyed law school, she understood quickly that she had to allow herself a break. Throughout school, Dean Perkins dedicated at least one whole day each week to her family.

She made sure that every Sunday she did not open a law book.

This time was devoted to her spouse and children; and that, she says, helped her to reenergize for the upcoming week.

Communicate with your spouse.

Stefan Dann, a third-year day student, found it hard to describe law school pressures to his spouse, the stress level of going to class and preparing to face the unfamiliar Socratic

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method. He discovered that just talking about it helped to keep the lines of communication open. During finals and approaching deadlines, it is important to prepare one’s spouse by telling him or her what to expect, he says. Additionally, he found it is important to detect the smallest concerns and prevent them from growing. A married law student can contribute to the relationship by discussing with his or her spouse the schedule of house chores or financial decisions. As Stefan says, “with other stress and busyness you don’t want [small things] to nag at you.”

Pursue your hobbies as a way to release stress.

Even though there is an intense level of competition at school, married law students feel responsible for protecting their spouses from being an outlet for law school stress. This is why it is important to release stress by pursuing hobbies and sports. Some of the married law students I talked to said they relax by spending time outdoors, running, training for marathons, traveling, or playing golf. They also said that because law school takes up such a huge chunk of time they encouraged their non-law student spouses to pursue hobbies as a way to fill the time they were busy studying. For example, Brian Joos, a third-year day student, supports his wife’s membership in a book group that consists of his former colleagues and their wives.

Prioritize.

Being a married law student with family and kids often means that there will be no time for partying, including bar reviews or even the Barristers’ Ball. Charlie Chulack, a third-year day student, looks at the bright side of this. A married law student feels fortunate because he or she does not have to worry about dating and meeting people, he says. For instance, Charlie does not feel that he is missing out on student activities; rather he values his evenings spent with his wife and his infant daughter. When time is available to study, Charlie focuses on school without distractions.

Give attention to one’s spouse.

As Comment Editor on the Duquesne Law Review and a part-time law clerk with a local firm, Chulack has a very intense schedule. However, he says he always makes it a priority to take a break from his work or studies and simply give his wife a hug. Charlie and his wife Amy have a wellestablished relationship, he says. Nevertheless, they are still aware that small, everyday things like a hug and making snacks for each other are a big investment in a happier marriage amidst the intensity of law school.

Charlie tries to be mindful of his wife’s needs by keeping up with work around the house. He says this kind of attention makes his wife feel appreciated and not deserted.

Third-Year Day Student Charlie Chulack and his 9-month old daughter Madelyne, reading Juris and the Bluebook.

Live frugally.

The perks of being married include an additional income from a non-student spouse. On the other hand, having a husband or wife in law school is a challenge to the non-lawyer spouse, who ends up being the only breadwinner in the family.

Tuition and books is a heavy load to bear for a one-salary family that must also pay rent or mortgage payments, and other regular expenses. A mounting school debt can add stress to any marriage and cause many married students to learn frugal spending habits. Dann, for example, feels as if he has to “apologize to [his] wife for taking on so much debt.” Nicole Hall, a third-year day student, has a husband who is in medical school. They dipped into their savings, but still owe significant debt. Often, it seems that this financial obligation brings the spouses together, because one trusts the other to be responsible with his or her income.

The added burden of knowing what your schooling is costing someone else makes some married students feel they must be more accountable. Chulack and Dann say they respond

by putting twice as much effort into their school work, because of the investment both they and their spouse made in law school. Hall says after she and her med-student-husband graduate they will begin to pay down their respective debts.

All of the married law students I talked with agree that the life of a married person has its own challenges, apart from the stress of law school. These challenges include making time for your spouse, keeping up with household chores, raising children, being financially accountable. No one I talked to had any regrets about attempting law school while married; in fact, everyone I talked with said if they had it to do over—knowing what they know now about their relationship and law school— they would not change a thing. The students I spoke with said they made it through the law school exams, Bar prep courses, on-campus interviews, part-time jobs and clerkships. Now they stand proud, looking back at the immense amount of marital teamwork, patience, and respect that helped them through the challenging law school years—as they look towards the future, fully prepared for new stresses that come with practicing law in the “real world.”

Clara and Brian Schuster, thirdyear day students, with their children, Catherine and Mary Ellen, ages 7 1/2 and 6, respectively.

Anya Ryjkova, L’09, immigrated from Russia to U.S. in 2001. She

plans to practice family law or business planning; in her free time she enjoys dancing Argentine Tango, traveling and programming.

She can be reached at aryjkova@gmail.com.

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11

A Defense Courtesy of the Allegheny County Public Defender’s Office: Recent Improvements and the Road Ahead

By Zackary Smith and Benjamin J. Steinberg

“In returning to these old precedents, sounder we believe than the new, we but restore constitutional principles established to achieve a fair system of justice. Not only these precedents but also reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth.”

Twelve years ago the Allegheny County Public Defender’s Office (PDO) was accused of violating the state and federal constitutions for essentially depriving clients of the right to counsel by allegedly providing such poor representation to clients—indigent defendants who could not afford private representation. At the time, the office was badly understaffed and the County attorneys often did not even meet the client until immediately before a hearing. Taking note that the Allegheny County Jail has been at maximum capacity in recent years, Juris reviewed this case and the budgetary circumstances that led up to it and went down to the PDO to see what has changed today.

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Gideon v. Wainwright, 372 U.S. 335, 344 (1963).

Case History

In late September of 1996, the American Civil Liberties Union (ACLU) filed a class action suit on behalf of three indigent defendants in Allegheny County, two of whom included a mentally disabled homeless man and a juvenile girl.1 The suit alleged that the PDO had allowed the program to deteriorate so much as to deprive indigent defendants of their right to counsel guaranteed by the Constitution’s Sixth and Fourteenth Amendments, as well as by Pennsylvania’s Constitution and laws.2 The ACLU filed suit following a massive budget cut to the PDO; the Office’s budget was cut by one-third.3 The ACLU alleged the office was plagued by “overwhelming caseloads,

severe understaffing, inadequate resources, defective policies and procedures, inferior physical facilities,” and other longstanding deficiencies that led to the inability to adequately represent indigent defendants within the county.4 In many cases, according to the ACLU, a defendant often would only get the opportunity to meet with the attorney minutes prior to the hearing. The ACLU alleged that, in extreme cases, speedy trial rights were even waived by public defenders, such as when a young male faced his first criminal charges and ended up sitting in the County Jail for fifteen months without seeing a lawyer.5 The staffing situation at the PDO was precarious in the period leading up to the suit. In the Juvenile Division alone, each attorney was handling 700 cases per year, which is three times the recommended standard caseload.16 Each attorney in the Parole and Probation Unit was responsible for around 3,000 hearings per year, which breaks down to around sixty hearings per week.17 In the mental health division, each attorney handled 4,500 hearings per year, or ninety hearings per week.18 In total, the number of attorneys employed by the Public Defender was a dismal forty-six.19 Breaking down the numbers, a full-time attorney at the PDO could routinely be yoked with up to two hearings every hour of every workday. In addition to the stress on attorneys, such an enormous obligation could only result in a near-colossal level of harm to the defendants relying on their services.

ing “trial eve” meetings with their attorneys or continued instances of no meetings at all. The ACLU contended that despite the PDO’s under-spending their budget by approximately $300,000 each of the prior three years, deficiencies in understaffing, lack of training and oversight, and minimally acceptable representation continued.

Following the Motion to Compel filed by the ACLU, the PDO was forced to go over budget to maintain the court-ordered staffing levels. In 2003, former Chief Executive Jim Roddey and Allegheny County Council budgeted $5.9 million for the PDO, and by the end of the year, the office spent $6.7 million.13 In 2004, the Public Defender’s Office was allocated $6.6 million, but had to spend more than $7 million, according to projections presented to the County Council at that time.14 The County was forced to transfer funding from other departments to allow the PDO to meet its needs. In addition to increasing the funding, Allegheny County was forced to pay approximately $1 million over the life of the case to cover the legal fees of the ACLU.15

A Settlement is Reached

Fast-forward to February 2009

On the eve of trial between the PDO and ACLU, in the spring of 1998, shortly after Court of Common Pleas Judge Robert Horgos rejected the County’s motion for summary judgment, a settlement was reached between the two parties.

The language of the settlement began with a statement that would inevitably foretell the long and difficult path on which both parties would struggle to forge and remain: “Despite the deeply contested nature of this lawsuit and the Parties’ profoundly differing views. . . they have entered into this Settlement Agreement.” Some of the most significant stipulations in the agreement included doubling in size of the PDO over a three and one half-year period and the appointment of an independent consulting group to assist the county in developing practice standards, procedures, policies and training programs.

Throughout the years following the settlement, the County did employ the help of an independent consultant, The Spangenberg Group, to assist the PDO in a transition to a more efficient and effectively run system. In a report authored by the group to Judge Horgos, dated May 8, 2000, it was evident that the process of revamping the County’s Public Defender’s Office was going anything but smoothly. Like the Settlement Agreement, this report began in the same grim fashion, citing major difficulties in communication efforts between the consultant group and the office’s administration. For instance, the report was prefaced with comments regarding the many attempts of the group to work with a chief Public Defender who was in the midst of a campaign to serve in the same court as the presiding judge.

By June 25, 2003, the ACLU filed a motion to compel the County to either comply with the Settlement Agreement or be held in contempt of court. The ACLU alleged continued complaints from indigent defendants in Allegheny County regard-

Upon visiting the Public Defender's Office in downtown Pittsburgh, it was evident that the prior extreme lack of resources, staff and equipment has been addressed. For example, according to a secretary, nearly all of the staff now have their own computers. Significant progress has been made in addressing the staffing, equipment, and supply needs alleged in the lawsuit. There are now eighty-six total attorneys— seventy-two full-time and fourteen part-time—employed by the PDO. That is seven more attorneys on hand than required under the original 1998 settlement agreement, and nearly double the attorneys on hand in 1996. Walking through the offices today, you see updated desks and filing cabinets, as well as staff working at their own computers—rather than sharing a central one. After Juris’ investigation into the PDO today, we saw that the equipment and resources available to the staff have been improved greatly—from what was described nearly a decade earlier.

Even though the total amount of attorneys employed today exceeds the staffing requirements of the 1998 settlement agreement, the level of staff does not seem to meet the caseload. My general impression of clients and attorneys at the office is that they are overworked. One client, John H., who was waiting to meet with an attorney, spoke at length with Juris to discuss his past experience as a client represented by the Public Defender’s Office.

A few years ago, John stated that he accidentally became addicted to Oxycontin, after receiving the prescription to treat an injury. He became chemically dependent on the opiate—his prescriptions ran out, his tolerance went up, and the drug became too expensive. Turning to heroin to make up for the lack of legal opiates in his system, he lost his business, and eventually turned to retail theft to fuel his habit, pay the bills,

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and buy Christmas presents for his niece and nephew. Upon his eventual arrest, he relied on the PDO for representation. While admitting that what he did was wrong and deserved punishment, John also felt disenfranchised and underrepresented by the public defense system.

After meeting the deadline to apply for and receive representation, John went to his hearing. His attorney never showed up, and the judge was forced to pull an attorney that happened to be nearby to represent him. Eventually, John did receive representation from the PDO, only to be solicited for money and handed a business card by the attorney at the end of the trial, because the attorney provided to him for his public defense was going into private practice.

Even with the increase in staff and resources, clients like John, who cannot otherwise afford representation, are represented by public defense attorneys who seem to just “go through the motions.” According to John and other clients who spoke with Juris on the condition of anonymity, it is common practice for clients to be represented by different attorneys at different stages of the same proceeding. This has spawned a general concern regarding “how much the attorneys really do know about” their cases. According to John H., upon briefly meeting with him, the attorney “just takes the paperwork,” and “sees [him] in court.”

Calling himself a “victim of the system,” John argues that while the ultimate outcome of his case would probably not have changed, the attorney originally assigned to him could have argued the charges down had he shown up.

Recently, Juris also had the opportunity to speak with Chief Public Defender, Michael J. Machen: How many cases per week does each of the attorneys on staff currently handle?

With the increase in lawyers, we have reduced the number of cases per lawyer, which is great. When the number of cases per lawyer is reduced, obviously the quality of representation increases, with more time spent per client.

At the outset of a case, what is the process by which Public Defense attorneys represent clients of the Office?

Our practice is to initiate attorney activity as soon as possible. Our paralegals interview a client in jail, and within twenty-four to forty-eight hours of incarceration, we have an attorney meeting with the individual.

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The 1998 settlement agreement provided for a new staff training program. What training do the attorneys currently undertake before beginning full-time representation?

In 2004, we opened up the process for hiring to all of the lawyers in the office. Twelve to fourteen lawyers watch a closing argument from a podium here as a part of the typical interview.

The training time has really increased. We initiated a training program in 2004, which has recently been taken to new heights by attorneys Michelle Collins and Frank McWilson. It’s intensive—a two to three week training program where an attorney is trained by lawyers in the [Public Defender’s] office, and we have outside counsel and judges who also take part. In the field, they shadow someone for at least two weeks. We also receive feedback regarding performance—the best feedback we receive comes when District Magistrates call—or I see them—and are exuberant about the quality of our lawyers.

What is the current status of resources at the Public Defender’s Office including staff, desks, computers, information management, meeting rooms, etc?

With the influx of new hires we now have eighty-seven lawyers in the office, and are at full capacity. We are not looking to hire any more lawyers right now. Also, the funding is not the issue. We recently had the largest computer purchase thus far —we just brought in 70 brand new complete computers plus 60 new flat-screen computers. We just received—and are very proud of – a Department of Human Services donation from Mr. Marc Cherna (Director of the Allegheny County Department of Human Services) of somewhere between 30 to 50 computers that they were no longer using because they changed systems. Those are going to tie into a brand new records-management system that we are in the process of purchasing. It will revolutionize our system. We are transitioning into a completely web-based records-management system. We’ll be able to figure out everything, and integrate everything with the jail and the court system, so we don't have to be duplicative in what we are inputting.

How does the Public Defender’s Office define what constitutes adequate legal representation?

We all have the same goal, as part of our mission statement, which is to provide the best representation for our clients. The idea is to move forward and remain involved in initiatives though which we'll be able to address times where we can have even greater interaction with our clients. The ACLU has been very helpful to this Office – they did a tremendous job.

Attorney [Witold] Walczak (legal director for the Pittsburgh office of the ACLU) has been a friend to this office and is also on the indigent task force.

In a March 24, 2004, Post-Gazette article, you stated that your goal is to create a statewide office of public defense that would alleviate the burden on county government. How far along are you in achieving this goal?

The Governor has just started a “state indigent task force” and has placed me on the task force. The task force will study the funding needs of individual counties and whether a statewide system is necessary. Some counties don’t have enough funding to provide investigators. [Pennsylvania is] to my knowledge the only state that does not have state funding avail-

able for public defense. The Allegheny County Bar Association Journal wrote about all of this. We have also established, in March of 2008, the Defender’s Association of Western Pennsylvania, made up of around fifteen public defenders from Western Pennsylvania to discuss funding issues. We have really pushed for this and will have a meeting on May 1, 2009, in Erie to let the Governor know that we really need some help. The Allegheny County Public Defender’s Office was at the forefront of this initiative.

fewer than in the past. We hope that the increased resources have remained in place.

Is the office of the public defender anticipating budgetary shortfalls in the near future, given the current economic and state funding situation?

We would hope that President Obama’s stimulus plan would be very helpful. We have drafted what we think is a request for stimulus package receipts for our office. We are pursuing funding to address three issues: Homeless Prevention, Special Education Part B Grants, and Education Technology for Professional Development. We don’t think it’s “pie in the sky” —we have quality thoughts there. We just met with Deputy County Manager Kathleen McKenzie who was very excited about these initiatives.

In sum...

While any visit to the Allegheny County Public Defender’s Office makes it clear that the situation now does not compare to the circumstances complained of more than a decade ago by the ACLU, there is still room to improve. The PDO faced serious issues ten years ago, but it was not for lack of perseverance.

The County officials are working to make the system as close to a customized system of representation as possible. From talking with actual clients and hearing their anecdotal experiences, we saw that individual PD’s still face heavy caseloads and some budgetary issues may still hamper their ability to provide just representation. The improvements made by officials to the Allegheny County Public Defender’s Office over the last decade and their plans for the future should ensure that defendants in this county will never again face a violation of their Constitutional right to counsel by the very office that was created to provide it.

Juris also had the opportunity to briefly discuss the case and current status of the PDO with Witold “Vic” Walczak, the American Civil Liberties Union of Pennsylvania’s Legal Director.

How would you describe the performance of the Public Defender's Office in complying with the requirements of the settlement agreement?

We have occasional contact with the Public Defender’s Office. Chief Public Defender Machen and I are both on a State Commission looking at indigent defense. Since the Consent Order was ended, over the ACLU’s objections, the ACLU has had little contact with the PDO. We have received some complaints since the settlement order was ended, but in most of those the PDO has become more diligent in representing the individual. We are not really in a position to comment on how well the PDO is operating. Again, we still get complaints, but

Have you received any complaints regarding the performance of the Allegheny County Public Defender's office?

We receive complaints about every Public Defender's Office. In and of itself, that isn't an indicator of the job the Office is doing. Again, the volume and seriousness of complaints is down from the time that the settlement was reached.

Introduction and Background by Benjamin J. Steinberg, a secondyear day law student and Managing Editor of Juris. Benjamin graduated from the University of Delaware in 2004 and is currently an intern with Caroselli, Beachler, McTiernan & Conboy. He can be contacted at benduqlaw@gmail.com.

Interviews and Investigation by Zachary Smith, a third-year day law student and Juris Staff Writer. Zachary is interested in corporate and securities law, as well as civil litigation. He received his bachelor's degree in finance from the Smeal College of Business at Penn State.

He can be contacted at ZJSmith104@gmail.com.

References 1 American Civil Liberties Union (hereinafter ACLU), ACLU Files Class-Action Lawsuit Against Pittsburgh Public Defenders for Failing to Counsel the Poor, www.aclu.org/crimjustice/ indigent/10160prs19960918.html (Sept. 18, 1996).

2 Id. at www.aclu.org/crimjustice/indigent/10160prs19960918. html.

3 Id. at www.aclu.org/crimjustice/indigent/10160prs19960918. html.

4 Pl.’s Complaint [¶ 1] (Nov. 21, 1997) (available at www.aclu.org/ FilesPDFs/complaint3rdamended.pdf).

5 ACLU, Settlement in Class-Action Lawsuit Against Pittsburgh Public Defender for Failing to Counsel the Poor, http://clearinghouse.wustl.edu/chDocs /public/PD-PA-0001-0004.pdf (May 13, 1998).

6 Rul. Def.’s Mot. S.J. [¶ 1] (Mar. 18, 1998) (available at www.aclu.org/FilesPDFs/ACF4B1A.pdf); Id. at http://clearinghouse.wustl.edu/chDocs /public/PD-PA-0001-0004.pdf.

7 Settle. Background (May 15, 1998) (available at www.aclu.org/ FilesPDFs/settlement%20agreement.pdf).

8 Id. at http://clearinghouse.wustl.edu/chDocs /public/PD-PA0001-0004.pdf.

9 Ltr. from The Spangenberg Group to J. Robert Horgos (May 8, 2000) (available at www.aclu.org/FilesPDFs/first%20report%20 to%20the%20court.pdf).

10 Pl.’s Mot. to Def. to Comply or Contempt (June 25, 2003) (available at www.aclu.org/FilesPDFs/doyle.pdf).

11 ACLU, ACLU Asks Court to Hold Allegheny County in Contempt for Failing to Improve Public Defender’s Office, www.aclu.org/crimjustice/indigent/10107prs20030626.html (June 23, 2003).

12 Id. at www.aclu.org/crimjustice/indigent/10107prs20030626. html.

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40

Years of

Excellence

40th Anniversary Section by Lara Shipkovitz (3D-JD) and Amy Vanderveen (3D-JD/MBA).

Introduction

Juris debuted in September 1967. Its founders were enthusiastic for the magazine to become a mainstay in the Law School. Not only has Juris become a symbol of tradition for students and alumni of Duquesne Law, the magazine has also served to memorialize the most pressing news over the past forty years. Juris, originally assembled as a news magazine with the mission of presenting items of interest to those in the Law School and to the legal community at large, has continued this convention by consistently commemorating historical events

and reporting the most current news at Duquesne and around the community. In honor of Juris’ important role in preserving the Law School’s history, we cannot think of a more appropriate way to commemorate the magazine’s fortieth anniversary than to feature the best of Juris’ gone-by, as well as documenting the aspirations of the graduating class. Juris has established itself as an integral part of the Law School, and we hope this tradition continues for many years to come.

Some Things Never Change…

After delving through older Juris editions, we noticed several common trends and themes. Although the law school, the student body, and the legal profession have all undergone significant changes over the past 40 years, several patterns emerged illustrating that maybe some things never change at all…

1. Even in 1967, the purpose of law school was to think like a lawyer.

2. Juris has continuously featured articles on Professor Yochum and his ever-present interest in drama and theater (often showcased inside the classroom as well!).

3. In 1981, the most popular motivating factors to attend Duquesne Law were: location, faculty and high bar passage rate.

4. In 1992, the 25th Anniversary Edition asked alumni what they were doing, and whether it was anything like they expected it to be.

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5. Duquesne Law School students continue to be recognized for their achievements, following the school’s tradition for excellence.

6. Torts class is still feared by every first-year.

7. Over the past 40 years, students have consistently felt that the supply of young attorneys exceeds the demand.

8. In the spring of 1993, the staff of Juris thought it was important to write an article about how to get around the courthouse (e.g., how to find a will) because a majority of students indicated they were unsure of the process.

9. In March 1980, Juris reported that the costs of legal education were soaring.

10. Even in 1974, students felt it was nearly impossible to receive A’s in their courses.

ldies But Goodies While looking through the numerous past editions of Juris, we were given the privilege of enjoying many features of the magazine that have come and gone with time. Many of these articles were insightful and humorous and gave us regret that such traditions have faded over time. Many editions featured cartoons and Top 10 lists, or sidebars of humorous anecdotes providing readers with an absorbing and appealing magazine. With the following section, we were determined to revive a few of the older traditions and perhaps, breathe new life into them. We took these ideas and reinvented them for our current law school atmosphere, while attempting to keep with the tradition and spirit of Juris. We hope you enjoy them as much as we do!

Legal Gems No Hooters, So What?

On January 14, 2009, local Corpus Christi Texas news media reported a man filed a gender discrimination lawsuit in federal court against Hooters, claiming he was denied from a serving position in May because of his gender. The man’s attorney, Martin Shellist, believes they have a strong case as “Hooters attempts to circumvent the law by referring to its waiters as ‘Hooters Girls’.”

The man’s lawyer wants to turn the case into a class-action lawsuit by finding other men who allege Hooters discriminated against them. The Plaintiff hopes the case will go before a jury sometime in 2010.

The World’s Most Expensive Pants A lawsuit was filed by a District of Columbia administrative hearings judge, Roy Pearson, against his local dry cleaner for a pair of missing pants. The judge went to pick up his clothes at the dry cleaner he regularly patronized when he discovered that a pair of pants from one of his suits was not ready. When he returned two days later, the pants were deemed missing. The judge asked for the full price of the suit, which was more than $1,000. The owners refused to pay when the alleged missing pants were found a week later. The judge then decided to sue for fraud based on two signs in the cleaners stating “Satisfaction Guaranteed” and “Same Day Service.” He is also seeking monetary damages for the price to rent a car every weekend for ten years to go to another dry cleaner, a price listed at $15,000. However, the majority of the $65 million claim in damages arises from the judge’s strict interpretation of D.C.’s consumer protection law, which fines violators $1,500 per violation, per day.

In the midst of a bitter divorce, he rejected a settlement offer of $12,000 from the cleaner’s that had been forced to close their shop due to the litigation. At trial, Pearson broke down in tears on the witness stand. The judge ruled in favor of the dry cleaner’s and awarded them court costs- although they later withdrew this request because they raised enough money to cover the costs from donations due to the public outcry over this case. Pearson lost his

appeal to the D.C. Court of Appeals and was denied a hearing in front of the entire appellate panel. Further, Pearson was not recommended for an additional term as an administrative law judge, following his actions in the case. (as reported by the Associated Press).

A New Definition of Obscenity The Chief Judge of the United States Court of Appeals for the 9th Circuit was recently caught posting explicit pictures and videos to his website. Judge Alex Kozinski told the Los Angeles times that he was unaware at the time that the website was accessible to the public. Ironically, at the time of the posting, Judge Kozinski, a conservative appointee of President Regan, was presiding over an obscenity case (as reported by the Associated Press).

Chicken in Contempt?

The Defendant in this case was originally charged in a multiple count indictment for tampering with utility metering devices. However, when the defendant appeared for trial, he also found himself in contempt. The court’s order described the defendant as showing up for trial “in a grossly shocking and bizarre attire,” in which the defendant was dressed resembling a chicken, complete with fur tied around his body, loins and head.

Furthermore, the defendant had what appeared to be a human skull dangling from his waist and carried a stuffed snake. Despite his bizarre dress, the Court of Criminal Appeals reversed the contempt adjudication, holding the trial judge erred in failing to inquire into the nature and sincerity of defendant’s religious assertion that he was donning spiritual attire. The Supreme Court of Tennessee affirmed. State of Tennessee v. Hodges, 695 S.W.2d 171 (1985).

Yea! And Boo! Yea! In December 1974, the entire graduating class passed the bar exam in Pennsylvania (the first time an entire class passed in Pennsylvania)!

Boo! There are still complaints about the divided faculty and inefficient administration as in 1982.

Yea! For finals now held before winter break!

Boo! The high prices at Java City.

Yea! For the new microwaves and refrigerators for student use.

Boo! For the cold temperatures both inside and outside the law school.

Yea! For free hot chocolate days, courtesy of Career Services (when temps fall below freezing)!

Boo! 2.0 is considered “professional competency.”

Yea! For the recent accomplishments of all the trial advocacy teams!

Boo! For the increasing crimes occurring in and around campus.

Yea! For the Class of 2009’s goal for a 100% bar passage rate!

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I think the biggest change in the legal field will be the influx in websites like legalzoom.com, which allow clients to create legal documents from home or the office. Such websites threaten traditional attorney-client relationships because by answering a few brief questions online, a document will be prepared by an attorney the client has never met.”

-Mike Cohen, 3D

Time Capsule After perusing 40 year’s worth of Juris editions, we came to the realization that one thing that has not changed over the past 40 years is the optimism and enthusiasm of each graduating class. To highlight this attribute that sets Duquesne law students apart and as a tribute and farewell to the Class of 2009, we asked several graduating third-years the following questions: “How do you see your legal career panning out in the next 10 years? Over the next 20 years? Also, what do you feel will be the biggest change in the legal field over the next decade or two?”

“I plan to go into private practice and expect to devote approximately 90% of my time to litigation over the next 10 years.

Hopefully, I can get into mediation later on down the road.

“In the next ten years I see the development of a litigation career in Pittsburgh, whether it's with the firm at which I am currently working, or otherwise. I hope to gain experience in both civil and criminal defense litigation, and get into the courtroom as soon as possible.

In the next twenty years I hope to be an established litigator in Western Pennsylvania. By then I will know whether a moderate to large firm fits my lifestyle and career vision, and if not, I will look for partnership opportunities of my own.

I think the biggest change in the legal field over the next decade will be in procedural and not substantive areas of law. The coupling of the nation’s current financial situation with the trend of more cost-effective dispute resolution solutions has created a movement towards alternative dispute resolution and away from

A Snapshot: 40 Years of Award-Winning Reporting Compiled by Christina Horton Since its first publication in 1967, Juris has earned its title as “The Duquesne Law School News Magazine.” Over the years, the former writers and editors did not shy away from tackling controversial and serious topics taken from the headlines to highlight the legal perspective. To recognize these efforts, Juris received many honors over the years, including multiple awards as the “Best overall Law School Magazine” by the American Bar Association. Below are just some of the examples: Spring 1969: Donald R. Charles, at the time, a Third Year Day student, wrote an insightful piece discussing the need for national reform to the welfare system. He spoke to the need for President Nixon’s administration to establish minimum standards for aid received that would be uniform throughout the nation.

Fall 1974: This issue of Juris was dedicated to Medical Technology v. the Law. Among the topics featured was an article discussing the legal issues surrounding the right to die and euthanasia. In this piece, authored by Mary-Ann Bastiaans, the Fourteenth Amendment Due Process and Equal Protection issues were analyzed against the state interests of prosecuting homicides and utilizing its parens patriae power to protect its citizens.

Another article, by John H. Woltz, Jr., discussed organ donation

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and what standards doctors were to use when determining the true time of death. Among the legal ramifications discussed as a result of an incorrect pronouncement of death were both civil liability for wrongful death and criminal liability for homicide. While not a medical matter, Dean Ronald R. Davenport penned a piece entitled “A Partial Defense of Gerald Ford,” discussing the controversial timing of President Ford’s pardon of Richard Nixon. Dean Davenport concluded that the timing of the pardon was constitutionally questionable; he stated that he felt “no good purpose would be served to this country” by the prosecution of Nixon. Dean Davenport, instead, would have suggested that the pardon take place after indictment and a full publication of the facts, rather than before

filing suit in court every time something goes wrong. I think that this trend will continue, and perhaps even pervade civil procedure itself and the way that complaints are handled within the state court systems.”

-Mike Watson, 3D “I see myself working for the Public Defender here in Allegheny County for about 5 or 6 years and then going into private practice with some other attorneys. I hope it will be a general practice.

I think that the biggest changes will come in the next few years in the banking laws and giving out loans. I think there should be and there will be greater regulation when it comes to home loans. I also hope to see civil rights for homosexuals.

Maybe in the next 50 years there will be decriminalization of marijuana.”

-Dennis Biondo, 3D

any such events took place. However, our former Dean made sure to reiterate that he “unequivocally” supported President Ford’s decision.

Spring 1983: The Editorial Board of Juris made this a thematic issue. Roseann LaRosa, the magazine’s Editor-in-Chief at the time, made sure to make clear what the theme was and, conversely, what it was not. She stated, “[t]his is not a Women’s Issue. Indeed, the articles contained herein do address areas of concern in which women appear to be the focus. Certainly, however, we have all learned not to be deceived by appearances.”

Therefore, Ms. LaRosa called the issue: “Equality, A Human Dilemma.” This in depth, expansive issue looked at such topics as surrogacy, pornography, strip searches, spousal rape, paternity leave, and abortion...all topics which are still controversial and continue to be the subject of numerous debates.

“I envision myself being a successful Family Law attorney and later hope to work as a juvenile judge.

With technology changing so rapidly, I believe attorneys and judges will rely more on computers and other emerging technologies. In fact, courtrooms may become obsolete as so much can be done through videos and computers. Sadly, I feel these changes may make the profession a lot less traditional and more informal.”

-Lauren Plate, 3D “In ten years, I hope to have my own general practice somewhere in the Pittsburgh area.

In 20 years, I hope to be working at some capacity in the legal community and also teaching classes at a law school or in an undergraduate program.

I think the biggest change in the legal community in the next decade or two will be the gradual decriminalization of drugs and drug crimes in many states. Prison overpopulation is already a big problem in America.

Building more prisons and incarcerating more people is not the answer. Also, the drug wars in Mexico are becoming increasingly more violent and uncontrollable. In my opinion, the obvious solution for many states, and possibly the federal government, will be to decriminalize certain drugs and drug offenses. Let's face it,

Executive Director of the Cyril H. Wecht Institute of Forensic Science and Law and the Founding Director of the Post Conviction DNA Project, wrote an in-depth profile on Pennsylvania Supreme Court Justice Rolf Larsen in anticipation of the vote for his retention in November of 1987. This article delved into Larsen’s personal history, character profile, and his history as a Judge on the Court of Common Pleas of Allegheny County and as a Justice on the Supreme Court. Rago stated “[a]s a Jurist, it seems, Justice Rolf Larsen looks out for those who have been harmed by others and demands that those responsible for the injury or harm be held accountable for their actions.” He concluded that Larsen was “an

Fall 1987: In this issue, Editor-in-Chief John T. Rago, now an associate professor of law at Duquesne, as well as the Founding

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incarcerating someone for possession of a drug without intent to distribute is asinine in and of itself. It's only a matter of time.”

-Adam Bishop, 3D “In the next 10 to 20 years I see myself gaining experience in a variety of areas in a moderate sized or bigger law firm. I see myself ending up in the corporate law and/or real estate division of a business or larger law firm. I would also like to have several years of litigation experience.

In the next decade or two, I think one of the biggest changes we will see in the field of law is with technology. I think technology is going to create new areas of the law that do not exist at the current time. However, I also think that technology is going make the need for lawyers in routine and common matters of the law unnecessary and obsolete.”

-Emily Fullerton, 3D

Treasure Chest Although the Class of 2009’s enthusiasm impresses us, we did not think this edition would be complete without demonstrating that their predictions, as predications often are, will probably be wrong! To demonstrate the unpredictability of where a legal education may lead graduates, we asked several professors the following questions: “How did you, at your date of graduation from Law School, envision your professional career panning out, and what difference, if any, has your career today changed from the path you envisioned? For example, did you know you wanted to teach?

Additionally, what do you feel will be the biggest change in the legal field over the next decade or two?

"When I graduated form Duquesne Law School in 1966, I expected that I would spend my career as a practicing lawyer, with a firm, in Pittsburgh. While teaching was in the back of my mind, it did not come to the forefront until later. Neither did I expect to be heavily involved in international (or, to put it more accurately,

elemental political force because he is utterly at one with the citizenry, as seen unmistakably in his judicial decisions and opinions which show that in office as in his private life, his is his brother’s keeper.”

Winter 1988: Juris scored an interview with Senator Arlen Spector to discuss his views on the judicial selection process.

The interview took place after the heated search for a new Justice to fill the seat vacated by the retirement of United States Supreme Court Justice Lewis Powell. The Regan administration had just succeeded in elevating William Rehnquist to Chief Justice and appointing Antonin Scalia to the Rehnquist vacancy. Spector stated, “I do not use a litmus test. I do not believe in it. My preparation for Bork, Scalia, and all the lower court judges, was to start with what the person has said in the past. That encompasses opinions, law review articles and speeches. That gives me an idea as to judicial philosophy.” In an article published in the same issue penned by Spector, he explained why he opposed the Administration’s first

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nomination, Robert Bork. Spector stated that, “having come to like and respect Judge Bork, I reluctantly decided to vote against him, because I had substantial doubts about what he would do with fundamental minority rights, about equal protection of the law and freedom of speech.”

Spring and Summer 1990: The new decade did nothing to steer Juris away from tackling tough topics. The spring issue of 1990 dealt primarily with abortion. Editor-in-Chief Pamela J. Castrucci understood that this would be, at the least, a very controversial topic to feature, and stated in her opening remarks that abortion “is, perhaps, the most polarizing issue of the day,” but made sure to express that since the issue was taking its toll on college campuses, that “Juris is grateful for the opportunity to explore this controversial subject.” Castrucci went on to state “Some of what has been printed here may offend some, but that is not our intention. This issue cannot be ignored. Those in the law must be aware of the legal ramifications and consequences of the decisions made in court [and] [t]his is no

transnational), legal matters. The Peace Corps experience (Panama, 1966-1969) certainly was influential in bringing about my career changes, as was the desire to keep working on interesting issues even after the clients' needs dictated otherwise. The nature of legal education and of the legal profession — lawyers are the best generalists — and the excellent education that I received at Duquesne, in Law School as in the College, made the transition easy and indeed, natural."

– Robert S. Barker, Duquesne University Distinguished Professor of Law (as quoted from his 1968 Juris article “Justice in the Barriadas” written while a Peace Corps Volunteer in Panama.)

“When I matriculated at Duquesne University School of Law, I already knew that I would pursue a career in the Navy Judge Advocate General's Corps (Navy JAG). As I tell people all the time, Duquesne enabled me to live my life exactly as I planned. My 32 years of service to the nation were more rewarding than anything else I could have done. Returning to Duquesne to be the first graduate to serve as dean was an unexpected honor and privilege.”

– Donald J. Guter, Dean 2005 to 2008 and Professor of Law

exception.” The Summer issue featured an article titled “Plague of the Nineties,” written by J. Alan Fuehrer and Aileen Hickey, which analyzed the sociological impact of the diagnosis of HIV and AIDS in terms of the law. At the time of the article, Pennsylvania had the eighth highest occurrence of AIDS in the country, yet, as the article noted, the state legislature had yet to enact AIDS-specific legislation to deal with the confidentiality of patients. The article further discussed mandatory reporting laws, potential discrimination disputes and the social stigma associated with these diseases.

Spring 1991: “This week only, rock bottom prices on marijuana, cocaine and heroin.

Don’t miss out, supplies are going quickly.” This was the lead to the story “Legalizing Drugs...Is It Worth a Try?” by Anthony Carone. He delved into the opposing sides of the issue on the Eighties leftover “War on Drugs,” with the Doves (pro legalization) on one side, and the Hawks (anti-legalization) on the other. While the Hawks cited soaring drug use, higher expenditures to hospitalize addicts,

“When I graduated from Harvard Law School in 1980, I had a few different goals. I wanted to teach, I wanted to write books, and I wanted to practice law in an old-fashioned sense, helping people with everyday, important tasks like writing wills and buying homes. I also had a love for Constitutional law and civil rights issues of all kinds, and hoped to find a career that would allow me to swirl all of these interests together and contribute something each day I reported to work. I clerked for a federal judge for two years.

I taught at Pitt Law School for four years. I practiced law — primarily litigation work — for seven years (longer than I ever expected). Then I was hired to teach at Duquesne Law School in 1994, and all of the pieces fell into place. This is exactly the type of rewarding job I had always dreamed of. It has allowed me to combine all of my interests (teaching, writing and practicing law for the good of others) in a way very few people are lucky enough to do. I feel privileged to hold this position; I am thankful for it each day.

In the future, I believe one of the greatest challenges facing our profession will be to ensure that an over-emphasis on billable hours and the ‘bottom line’ do not prevent lawyers — young and old — from contributing their talents to public service, pro bono work, and simple acts of kindness to help friends and family

increased crack-binging, and the possibility of a continuing black market as reasons against legalization, the Doves referred to the failed, high-cost government effort to combat the drug problem, and how the war on drugs had led to overcrowded prisons, jails and courts. The Doves believed that “if drugs were legalized, there would be a much needed reduction in the amount of criminal cases and the government could save billions of dollars . . . Since the legalization of drugs would reduce the cost of drugs, many crimes committed to get money to buy drugs, such as robbery and burglary, drug dealing, prostitution, and numbers running would decrease.”

Winter 1994: Proving to us now that history does in fact repeat itself, a feature article in this issue, written by Lisa Dicerbo, discussed the possibility of gambling near the North shore, only this time the casino would have been floating on the Mon in the form of Riverboat gambling. The purpose behind the bill proposed in 1994 by State Representative Frank Gigliotti, D-Allegheny, would be to “give Pennsylvania a

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members. That, after all, is the essence of a true professional.”

– Ken Gormley, Interim Dean and Professor of Law

ject matter. I believe that genuine mastery of the subject matter requires a major commitment to scholarship in that field. For those of us who enjoy the privilege of being called ‘professor of law,’ our students deserve no less.”

–Dr. John E. Murray, Jr. Chancellor of Duquesne University and Professor of Law

“My interest in becoming a law professor began early in my law school career when I was invited to write for the law review.

That experience had a profound influence on my intellectual curiosity about the law. I discovered that even a law student’s work might have some effect on the enhancement of legal doctrine. I became a law review editor, but I continued to write. A Ford Fellowship to the University of Wisconsin allowed me to pursue my S. J. D. and produce a thesis, which formed the basis for several law review articles. Many articles and books have followed, as well as, an eleven-year stint as Editor of the Journal of Legal Education. I continued to write and to teach through two law school deanships and the presidency of Duquesne University. The most important title I will ever have is ‘professor of law’ which provides the privilege of teaching law students. One of the critical elements for highly effective law teaching is a mastery of the sub-

“When I graduated from Nova Southeastern’s Law Center in 1986, I envisioned a career in practice in Florida. Three years after graduation, when I was considering part-time practice to spend more time with my young children, I bumped into a law school classmate in Nova’s law library who told me that Nova was interviewing for legal research and writing faculty. I was offered one of the jobs, and so began my career in legal education. I was hired by Duquesne Law School in 1993 to fill a one-year visiting professor position, and came to Pittsburgh fully expecting to return to Nova the following

much needed economic boost by pumping millions into the state economy.” Sound familiar?

This article examined “military tribunals through the prism of [Ex parte Quirin] concerning the military trial of eight Nazi saboteurs.”

Ex parte Quirin was cited frequently by the Bush administration during the congressional hearings on that administration’s policy on terrorism to support their position that military tribunals were to be used to try “any non-citizen whom the President determines is engaged in international terrorism that threatens the United States.” While Neugerbauer pointed out the historical relation of Ex-parte Quirin to the Bush administration’s policy, he was quick to note that in writing that opinion for the Supreme Court, Chief Justice Stone was careful to limit the Court’s decision to its facts.

Neugerbauer went on to state “If the presidential oath to ‘preserve, protect and defend the Constitution’ means anything, it must mean that he has a duty to act with all the constitutional powers at his disposal to prevent future attacks . . . While Congress seeks to establish the boundaries of its authority, so too the Bush administration is clarifying its policy regarding the war on terrorism.”

Spring 1997: The cover story of this issue focused on the death of Jonny Gamage, who died in police custody after a struggle involving several Brentwood Police Officers.

Gamage died of asphyxiation to the compression of his neck.

Lt. Milton Mulholland, Officer John Vojtas and Officer Michael Albert were ordered to stand trial for involuntary manslaughter. The piece recounted the trials, included an in depth interview with Vojtas’ defense team of James M. Ecker and Alexander Lindsay, and a look at how proper police training could prevent such incidents in the future.

Spring 2002: Following the terrorist attacks on 9/11, this issue of Juris ran an article entitled “Military Tribunals and the War on Terrorism: Does Congress Matter?” written by Greg Neugebauer.

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Christina Horton is a second year law student. She is an Associate Editor for Juris, a Junior Staff member on the Duquesne Law Review, and a member of the Women's Law Association. Christina received her undergraduate degree from West Virginia University and will be a summer associate with Burns, White & Hickton, LLC, in Pittsburgh.

She can be reached at horton1725@duq.edu.

year. Instead, I was offered a tenure-track position at Duquesne, and at that point expected to spend the rest of my working years as a law school professor. Things changed again a month or so ago, when I was asked to assume the role of Associate Dean. So much for expectations!”

– Nancy Perkins, Associate Dean and Professor of Law “I had a very specific idea of my future when I graduated from law school in 1977. It was my intention to run for public office. Teaching was in my mind because it seemed one tenable career path that would allow the free time, and facilitate the public exposure, that politics required. Before law school I had been active in politics. I was a radio technician on the staff of George McGovern when he ran for President, even for a short time riding on the campaign plane. During law school I was active in mayoral politics in New Haven, at which time I worked with then State Senator Joe Lieberman and current Congresswoman Rosa DeLauro.

When I came to Duquesne I tried to follow this career path. In 1984 I served as Western Pennsylvania Campaign Coordinator for Gary Hart and had a similar role in 1988 for Al Gore. In 1986, with the help of several law school alumni, I did contemplate a State Senate primary campaign. After a few weeks of testing the waters, I gave up the idea. That was the end of my political career. It turned out that I did not actually enjoy campaigning. To be a good politician, one needs to like spending time with strangers and must be able to establish an instant connection with people. That was not the life for me. I remember once going to the office of Hubert Humphrey to record his endorsement of McGovern. When I left, I

remember wondering how it was that Humphrey knew me and my family. Of course, he didn’t.

But he was a politician.”

– Bruce Ledewitz, Professor of Law

Lara Shipkovitz is a third year law student graduating in June. She graduated from the Pennsylvania State University with a B.A. in Communications and a minor in English and International Studies. She can be reached at LaraShip@gmail.com.

Amy L. Vanderveen is a third-year law student at Duquesne. In addition to pursuing her law degree, Amy is also a candidate of Duquesne’s Joint Degree Program and expects to graduate with both her J.D. and M.B.A. in June 2009. Amy graduated from The Smeal College of Business at The Pennsylvania State University in 2006 with a B.S. in Marketing and a minor in Spanish. Amy can be contacted at vanderveena@duq.edu.

Dr. John E. Murray and the Office of the Chancellor congratulates Juris on the occasion of its 40th anniversary and commends the students for their creativity and diligence in producing one of the more important publications of its kind.

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Counseling Organizations Who Extend

A Helping Hand To Others

By Edward Preston

For many lawyers, having a nonprofit organization as a client may not seem like the best way to grow a practice. Nonetheless, lawyers can make a fine living representing these organizations while also positively impacting their community. According to Attorney Andrea Geraghty, L ‘83, she never approached the law with an “I’m going to save the world attitude.” Rather, Andrea always “just wanted to do something more, take on more responsibility,” and for her, that meant “embracing the challenges and getting the most out of Duquesne Law’s night program” from which she graduated at the top of her class.

Initially, Andrea took a position with a mid-sized Pittsburgh firm where she remained for 14 years, eventually becoming a partner. She decided to leave the firm to take on more responsibility and she formed her own law firm, Geraghty & Associates, which deals exclusively in real property law. Even though it wasn’t what she anticipated her career would include back in law school, representing nonprofit organizations from across Western Pennsylvania is an important part of Andrea’s practice. She says “nonprofit organizations must deal with the same every day legal hurdles as any business,” although, the issues are often complicated by special tax laws and other governmental limitations.

One of the organizations that Andrea has worked with is Community Options, a national nonprofit organization that provides housing, support services and advocacy assistance to help empower people with mental and physical disabilities. According to Bridget Haney, Regional Vice President for Community Options, her organization helps people with disabilities with “finding employment—complete with job training, supported living—24 hours, seven days a week, and individual assistance that allows people with disabilities to live in the community.” Community Options’ homes typically accommodate two to three roommates. Bridget says the staff functions like a family to the client and they help each individual become as independent as possible.

Community Options purchased residences throughout Allegheny County and staffed them so that their clients could become part of the community. “We try to locate homes for those we support where they grew up, where they have family or where they choose; but, our final goal is to get our clients back into the community,” notes Bridget. Bridget says Community Options currently has “twelve homes spread across Western Pennsylvania in diverse communities such as Mount Lebanon, Baldwin, Jefferson Hills, Munhall, Churchill, Penn Hills, Shaler, Avalon and McCandless.”

Andrea started working with the organization when they began acquiring property regionally because of her firm’s focus on real estate law. Routine transactional real estate work eventually evolved into more sophisticated litigation involving zoning and housing discrimination and real estate taxation, Andrea says.

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Andrea represented Community The residents disguised their fears Options in a controversial zoning matter with zoning arguments that ultimately that garnered a lot of public attention. lost. “The neighbors and the Borough It began when residents of Churchill raised arguments under municipal zoning Borough objected to the housing of the laws which restrict residential land use organization’s clients within a residential to ‘single-family dwellings’ and because neighborhood in Churchill, after it had the municipality characterized Community acquired property there. The town Options’ home as a business, it was supresidents argued Community Options posedly excluded from the single family was running a business out of the home residential neighborhood,” Andrea says. in violation of the ordinance. Community Andrea explains that any zoning case, Options’ variance was denied by the including this one, presents the challenge Churchill Zoning Board. of a delicate balance of advocacy with Andrea found herself representing a sensitivity for neighborhood concerns. client in a major dispute with the Borough.

These neighbors did not want to welcome Attorney Andrea Geraghty, L ‘83, “[We] believed that Community Options a house full of people who were formerly of Geraghty & Associates. was wholly in its rights to purchase the institutionalized onto their street, she photo courtesy of Geraghty + Associates home and begin integrating Community recalls. So, Community Options appealed Options’ clients into the neighborhood,” the decision of the Churchill Zoning she said. Andrea explained the residents of the Borough Hearing Board to the trial court, which remanded the matter thought otherwise. back to the Zoning Board so it could consider the Fair Housing Until recently, the state government did what Community Amendments Act (“FHAA”).

Options was attempting to do in Western Pennsylvania, organize Congress passed the FHAA in large part to prohibit housing for disabled adults. Up until the mid 1990s, the state housing discrimination against people with disabilities.1 The government dealt with all housing for disabled people who did FHAA has two objectives: first, to secure to people with not live with their families. Andrea remembers that “in the disabilities the right to establish a home free of discrimination Pittsburgh region, that housing and care was provided at insti- in any community they choose; and, second, to integrate people tutions such as the Western Center and Polk Center.” According with handicaps into the mainstream of American life.2 Indeed, to Andrea, when society decided it was “no longer warehousing Andrea recalls that it was the FHAA that in its most simple and institutionalizing those with disabilities in isolated govern- terms told the local community that “you cannot treat these ment owned facilities” and that it was willing to “move toward people differently because they have a disability.” Here, housing, training and employing those with disabilities in the Community Options was eventually able to settle the dispute community,” the state closed the institutions. with the local municipality out of court.

The zoning debate in Churchill masked a larger and more The organization’s battles with Western Pennsylvania complicated problem. On one side was Community Options, municipalities did not end here. As municipalities attempted to an organization that filled a void after the state-run institutions test the organization’ tax-exempt status, Andrea argued to the were shut down and worked to support people with disabilities Pennsylvania Supreme Court that Community Options is a to become contributing members of society. On the other side, purely public charity for tax purposes. The ruling in this case were homeowners who feared neighborhood tranquility would had significant effects throughout the Commonwealth as local be jeopardized by the “new neighbors.” The Borough residents communities began to test the tax-exempt status of Community were not contesting the importance of getting people with Options and other similar organizations by way of property disabilities out of institutions. Rather, it was the proposed taxes, for example, Andrea said. solution of community-based housing—in their community— Prior to this Community Options’ case, it was unclear that caused the most concern. “At the time, there was a sense of what the definition was of a purely public charity under disappointment with people being so fearful, but that is reality,” Pennsylvania law. Charitable exemptions are founded in the recalls Andrea, “and, when this issue came up, my work for Pennsylvania Constitution, which allows the General Assembly Community Options was really no different than my work for to create exemptions for purely public charities.3 In 1985, the my for-profit clients and the only major distinction was my Pennsylvania Supreme Court in Hospital Utilization Project v. client’s final goal of really helping another.”

Commonwealth (“HUP”) defined a “purely public charity.”4 Despite the growing demand for secure, reasonably priced This is commonly referred to as “the HUP test.” Twelve years housing with a structured environment for disabled adults— later, in 1997, the General Assembly passed the Institutions of the local residents in Churchill were vocally opposed to this Purely Public Charity Act, also known as “Act 55,” which coditype of housing in their neighborhood. According to Bridget, fied that basic definition established under HUP.5 The confu“one of the largest obstacles facing our homes was neighbor- sion arose because under Act 55 the legislature rejected certain hood opposition.” The vocal opposition argued that Community judicial interpretations of the HUP test and instituted other Options’ homes posed special threats to neighborhoods, such as interpretations. theirs, because of the alleged dangerous nature of the residents, In litigation, such as the case Andrea argued before the “the possibility of there being drugs, alcohol, and criminals” and Supreme Court, generally, the court performs a five-part test to the lack of proper supervision within the homes, Bridget recalls determine if an organization is a “purely public charity.” In made residents nervous. She says this was based largely on soci- Andrea’s case, the parties agreed Community Options satisfied etal “stereotypes, misconceptions, the stigma of disability and four of these parts. The issue was whether Community Options miscommunication.” relieved the government of some of its burden (e.g., housing SUMMER 2009

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disabled persons in the community who had previously been institutionalized in state run facilities that were now closed).

Community Options received the majority of its funding from government sources, such as Social Security. This was the basis on which the municipality challenged its status as a purely public charity. Other similarly situated organizations awaited the Court’s decision—one that would determine if these groups would lose their tax breaks merely because a large source of their funding came from the government. The argument was that receiving this government funding destroyed an essential element to qualify as a purely public charity, which looked to how much the organization relieved the burden on the government in the particular service—not how much the government was helping the charity.

In Community Options, Inc. v. Board of Property Assessment, the Pennsylvania Supreme Court disagreed with the lower court’s application of the HUP test.6 It found that Community Options qualified as a “purely public charity” under state law. The Supreme Court noted that there was no “specific threshold level of private funding” that would satisfy whether the government was relieved of its burden.7 The Court also determined that “were it not for institutions such as [Community Options], the full burden of providing facilities and services for the care of individuals diagnosed with mental retardation would rest on the government.”8 Ultimately, under the more flexible precedents,9 the tax-exempt status for the properties owned by Community Options was reinstated.

With the decision in Community Options Inc., the Pennsylvania Supreme Court solidified the ability of nonprofits, like Community Options, to continue their mission in the community.10 “The implication—the burden—of possibly having to pay property taxes would have made serving our mission nearly impossible,” says Bridget, “and Andrea’s advocacy was truly priceless for Community Options and similar nonprofits across Pennsylvania.” Andrea acknowledges that there is a satisfaction that comes with knowing that “many nonprofit organizations have benefited from this decision.”

When asked for other examples of her work with Community Options, Andrea says she also consults on employee, general business, insurance, estate and emergency medical issues, “and point[s] [the organization] towards specialized counsel when appropriate.” She welcomes the challenge of working with nonprofits and draws comparisons between her work and what one

might experience as general counsel of an organization. When working with nonprofits like Community Options, she says it is important that the nonprofits recognize that “their organizations really are businesses and should work as such.” Even though the nonprofit may have its eye on the final charitable goal, good attorneys can help keep nonprofits on track to meeting their goals.

Edward Preston is a third year student, graduating in June 2009. He is interested in all facets of commercial and real property law, both transactional and litigation. Upon graduation, Edward looks forward to practicing with the law firm of Geraghty & Associates, where he has clerked for the past two years. Edward is a 2004 graduate of the University of Pittsburgh, with degrees in Information-Computer Science and History. Edward can be reached at prestone@duq.edu.

References 1 See 42 U.S.C. §§ 3604-3606 and 42 U.S.C. §§ 3610-3614.

2 See Richard B. Simring, Note, The Impact of Federal Antidiscrimination Laws on Housing for People with Mental Disabilities, 59 GEO. WASH. L. REV. 413 at 420 (1991).

3 Pa. Const. Art. VIII, § 2(a)(v).

4 507 Pa. 1, 487 A.2d 1306 (1985).

5 10 P.S. § 371 et seq.

6 The trial court found Community Options was entitled to an exemption under Act 55, even though it did not qualify as a public charity under the HUP test.

7 Community Options, Inc. v. Board of Property Assessment, 571 Pa. 672 at 679, 813 A.2d 680 at 684 (Pa. 2002).

8 Id. at 679, 813 A.2d at 685.

9 The court held that “[a]n entity seeking a statutory exemption for taxation must first establish that it is a “purely public charity” under … the Pennsylvania Constitution before the question of whether that entity meets the qualifications of a statutory exemption can be reached.” Id. at 679, 813 A.2d at 685. Thus, the court held that an organization seeking tax-exempt status must first satisfy the HUP test. Consequently, rather than using the much more rigid Act 55 test in determining if an organization is a purely public charity, the courts must rely on the more flexible precedents for that determination, and use the Act 55 test only to verify that the requirements of the exemption statutes have been satisfied.

10 571 Pa. 672, 813 A.2d 680 (Pa. 2002).

Farewell To Dean Guter In March, former law school dean, Donald Guter, announced he was leaving the law school to be the president and dean at South Texas Law School in Houston.

Unlike Duquesne, which operates under a traditional university structure including a president, provost and deans, the South Texas College of Law is an independent, stand-alone law school.

Guter was dean at Duquesne law school from 2005-2008. During the spring semester Dean Guter taught a course in military law, an area in which he is very familiar. Guter is a retired rear admiral and former chief of the Navy JAG Corps.

In a farewell letter to students, Guter wrote: “Although we will be separated by a few miles, we will continue to believe in you and the wisdom of our Law School’s mission. The welfare of the people truly is the highest law. We know you will not accept anything less in all of your endeavors and despite life’s inevitable setbacks.”

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Not So Fast!

By: Joseph R. Williams

New Allegheny County Foreclosure Program Gives Residents One More Chance to Keep Their Homes Before Eviction

In Washington, President Obama and Congress are working on solutions to hopefully help this country collectively survive the current financial crisis. In Allegheny County, local leaders are taking actions to assist residents more immediately. This crisis has been marked by tragic stories of families losing their homes all over the country to foreclosure amid job-loss, bank instability and frozen credit markets. Local residents are not immune to this national disaster. Many here are finding it harder and harder each month the make their mortgage payments.

In response to a rise in foreclosures, the Allegheny County Court of Common Pleas established a new foreclosure assistance program to give property owners facing foreclosure the chance to negotiate with lenders to keep their homes.

Local residents have been working with officials here for nearly a year to find a solution to avoid foreclosure. In July 2008, more than 100 members of the Association of Community Organizers for Reform Now (“ACORN”), many of whom were facing foreclosure, met with Allegheny County Sheriff William Mullen and other local officials to tell their stories. The members of ACORN asked for assistance for all families facing foreclosure in the County and asked Sheriff Mullen to help create a conciliation rule for foreclosures in the county that would keep families in their homes and modify their loans to affordable rates. After months of planning, the local program became official on December 19, 2008, when former Allegheny County Common Pleas President Judge Joseph James signed an Order providing that homeowners will be able to get free help from a housing counselor to take the necessary steps to prevent the home from being foreclosed. The program went into effect on January 12, 2009.

The dynamics of the program are simple. Homeowners facing foreclosure can call a hotline number to speak with a housing counselor. The foreclosure period is halted for 90 days. The counselor will then work with the owner to establish a course of action, which could include establishing a payment plan, adjusting the terms of the mortgage or filing for bankruptcy. Once the homeowner determines his/her best course of action, a conference is scheduled before the Court of Common Pleas. At this conference, the homeowner and the respective lender will attempt to reach an agreement. Ultimately, however, a Judge will determine whether the property will be subject to foreclosure. The goal of the program is to prevent the property from reaching the point of a Sheriff’s Sale. Once it has reached that point, it is often too late.

Allegheny County’s program could not have come at a better time for local property owners. Currently, there are approximately 4,000 foreclosures pending in the County. Many experts anticipate that this number will increase in the coming years as adjustable rate mortgages and balloon payments become due.

The goal of the program is to prevent this from happening.

Kimberly Tague, an attorney with Charles, Fenchel and Associates in Pittsburgh, has seen the effects of the foreclosure crisis in her clients’ cases. “Clients who are potential buyers with average credit that are looking to refinance or are seeking to attain home equity loans for home improvements are finding it almost impossible to obtain financing,” Tague explained. “Due to the difficulty in both making payments on existing mortgages and selling real estate that clients own, many of my firm’s estate and divorce cases cannot be finalized at this time,” Tague continued.

Tague explained that many people worry that if they are financially unable to stay current on their mortgage payments, they will lose one of their most prized possessions – their home.

However, most people do not know that all is not lost when the foreclosure is initially filed, she said.

It is too early to evaluate the success of the program. Local residents are hopeful that it will have an immediate impact. A similar program was implemented in Philadelphia in June 2008.

To date, Philadelphia’s program has saved approximately 78 percent of the homes facing foreclosure. Further, Pittsburgh attorneys are optimistic that this program will have a positive effect on all types of litigation. “The foreclosure crisis has had a large impact on my divorce practice,” Dana Levine of Pollock Begg Komar Glasser, LLC in Pittsburgh provided. “When a married couple relies on two incomes to make the monthly mortgage payments, it is very difficult for either party to maintain the payments on their own once they have separated,” Levine elaborated. “I am confident that the new foreclosure program will give my clients the additional time they need to make alternate arrangements and prevent the marital residence from being foreclosed.”

Editor’s Note: Allegheny County residents wishing to take advantage of this program can call the “Save Your Home Hotline” toll-free at 1-800-298-8020.

Joseph Williams is a third year student, graduating in June 2009. He plans to focus his practice in family law and civil litigation. Joseph received his undergraduate degree cum laude from Bethany College.

Joseph can be reached at jwilliams245@comcast.net.

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It Isn’t Easy Being Green... ...that is, unless you are a law firm cleaning up the environment while attracting new clients

By Rebecca Yanos The American Bar Association (ABA) estimates that a single lawyer uses about 100,000 sheets of printer and copier paper per year. This figure equals about a half-ton of paper.1 Multiply this number by the hundreds of thousands of lawyers across the country and you have an astronomical figure.

Thus, it seems appropriate that the ABA has begun an initiative to encourage firms to “go green.” Many law firms have embraced innovative methods of being environmentally conscious. This is because “going green” is not only good for the environment, but it is also extremely important to a firm’s image and client base.

So what exactly does it mean for a law firm to “go green?”

“Going green” combines a variety of environmentally friendly practices in the workplace that significantly reduce a firm’s impact upon the environment. It is the newest way for a law firm to attract prospective clients while cutting costs at the same time.

With more and more clients becoming concerned with the environment, it is crucial for firms to reflect the same values as their clients. In “going green” a firm has a “leg-up in the decisionmaking to hire.” 2 There are endless behaviors that law firms can alter in order to become greener. Many of these changes cost little or no money to implement. Some of these mechanisms include: n Printing on both sides of paper instead of only one side and using print preview to ensure accurate printing the first time and updating technology; n Using laptops instead of desktops; avoiding screensavers; n Turning off or putting a computer into sleep mode when it is not being used, or re-setting the power setting on current computers; n Telecommuting – enabling secure remote access to office networks can save employees commuting into work on a daily basis; n Implementing car pooling groups, or encouraging employees to use public transportation; n Sending rejection letters to prospective hires via e-mail instead of regular mail; n Using regular cups/mugs and silverware as opposed to Styrofoam or plastic disposal dishes and bottled water; n Ensuring that every employee has a recycling bin at his or her desk; n Participating in the ABA Law Office Climate Challenge.3

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The ABA has implemented a Climate Challenge program designed to promote energy conservation and resources in law firms. The ABA partnered with the Environmental Protection Agency (EPA) to execute a program urging law firms to take practical and necessary steps towards a “greener workplace.”4 In order to participate in the ABA Climate Challenge, the firm, regardless of size or location, simply has to fill out the Climate Challenge Enrollment Form found on the ABA’s website. The ABA Climate Challenge outlines simple steps for firms to take in order to become sustainable and to protect the environment.5 Due to the recent economic downturn, it has become increasingly important for law firms to establish green programs that enable them to cut expenses while also promoting corporate social responsibility. West Coast law firms are leading the green movement. Several San Francisco area firms have gone “green,” with one firm adopting the slogan “legally green.” Many of these firms have established “Green Task Forces” that manage programs to recycle paper, batteries, computers, supplies and furniture, in addition to other initiatives.6 Local Western Pennsylvania firms have gone green as well.

Efforts to “clean up” their practices have been made by firms such as Reed Smith, LLP, K&L Gates, and Babst Calland Clements and Zomnir, P.C. These local efforts include having a large environmental law client base, setting green travel agendas, and

cutting out printed brochures and pamphlets by putting information online instead.7 It is probably just a matter of time until more local firms “go green.” Overall, the Western Pennsylvania region ranks quite high among the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) building ranking system.8 LEED was created by the U.S. Green Building Council, and it provides standards for environmentally sustainable construction. The LEED rating system has become a widely accepted method for evaluating just how green a building is. The rating system takes six criteria into consideration when determining if a building meets the necessary requirements. These categories include: sustainable site, water efficiency, energy and atmosphere, materials and resources, indoor environmental quality, and innovation and design process.9 Notably, Pittsburgh ranked fifth in the nation for the number of LEED certified buildings and tenth in the nation for square footage of LEED certified buildings.10 Duquesne School of Law has implemented some “green” measures over years, but, according to some, the school not kept pace with the rest of the city. The school currently has recycling bins for paper in the library and by the student lockers, and plastic bottle recycling bins in the student lounge, as well, it recently modified its toilets to ones with a two-way flush system aimed at using less water. Insiders say there is still a far way for the law school to go to meet more current “green” standards. “Without getting radical, the law school itself is missing opportunities, such as eliminating much of the paper use through electronic documents, setting printers and copy machines for double-sided copying, providing sufficient paper recycling bins everywhere there is a mail tray, photocopier or printer, and giving housekeeping the time and equipment to keep recycled paper separate from trash,” said Professor Kirk Junker. “In addition, we should be turning lights, computers, computer monitors and tv screens off when not in use, and insist that the HVAC work properly so that folks don’t need to wear sweaters in summer,” he added.

The Green Building Alliance (GBA), a nonprofit organization located in Pittsburgh, helps Western Pennsylvania businesses to “go green.”

The GBA works with all types of buildings and businesses, including offices, retail stores, schools, hospitals and homes.11 According to a GBA spokesperson, Aurora Sharrard, the first step in helping an office to “go green” comes with internal operations. Typically, if a business contacts the GBA about “greening,” the GBA figures out what practices the office is already using to help the environment. Moreover, Ms. Sharrard explains it is important that the ideas come from the workers themselves and not through management based mandates. If the employees are interested in making the office greener, the programs are much more likely to be successful in the future.

Ms. Sharrard explains that while there are many shades of green, a wonderful starting place is to implement green principles into a business’s mission statement so all employees can embrace the transformation. Additionally, Ms. Sharrard explains that a socially equitable workplace (equitable work places provide various employee amenities such as on site day care), is a large part of what it means to “go green.”

Finally, the GBA says the most important part of “going green” is the outward commitment and overall message of the business. After all, it is the bottom line commitment of a business organization to “go green” which facilitates the visible programs and changes made in order to protect the environment. As New York Times columnist Thomas Friedman said, “Green is the new red, white and blue.”12 Rebecca Yanos is a third-year evening division student, graduating in June 2010. She is currently a law clerk at Zimmer Kunz, a firm based in Pittsburgh. Rebecca received her undergraduate degree from the University of Delaware in United States History and Sociology.

She was recently selected to serve as a Research Editor for the Duquesne Law Review for Vol. 48, 2009-2010. Rebecca can be reached at Rebecca.Yanos@gmail.com.

References 1 Charles Toutant, “Law Firms Going Green to get Green.” www.law.com/tech. Last visited February 2, 2009.

2 “Law Firms Going Green to Attract More Corporate Clients.” www.sustainablelifemedia.com/content/story/strategy/law_ firms_going_green_to_attract_more_corpoorporate_clients.

Last visited February 16, 2009.

3 Dennis Kennedy, “Go Green, Save Green.” www.abajournal. com/magazine/go_green_save_green.

4 Martha Neil, “Law Firms Going ‘Green’ is Easy, and a Client-Pleaser.” www.abajournal.com/news/law_firms_firms_ find_going_green_is_easy_and_a_client_pleaser. All of the various ways for firms to “go green” were supplied by “Go Green, Save Green” and “Law Firms Going ‘Green’ is Easy, and a Client-Pleaser. Last visited February 2, 2009.

5 “FYI: Going Green.” www.abanet.org/tech/ltrc/fyidocs/ gogreen.html. Last visited February 2, 2009.

6 “The ABA-EPA Law Office Climate Challenge.” www.abanet.org/environ/climatechallenge/home.shtml.

Last visited February 16, 2009.

7 Susan L. Ward “Green Law Firms Are Where It’s At.” www.law.com/tech. Last visited on February 2, 2009.

8 www.bccz.com. www.btnoneline.com/businesstravelnews. http://texaslawyer.typepad.com/texas_lawyer_blog/2009/01/ kl-gates-recruits-by-going-green.html.

9 Green Building Alliance. www.gbapgh.org. Last visited February 17, 2009.

10 Leadership in Energy and Environmental Design. http://en.wikipedia.org/wiki/Leadership_in_Energy_and_ Environmental_Design. Last visited on February 17, 2009.

11 Green Building Alliance LEED Benchmark Data, July 2008.

12 Green Building Alliance. www.gbapgh.org. Last visited February 17, 2009.

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Childhood Obesity: The Newest Form of

Child Abuse?

By Amy Keiser

When an eleven-year old tipped the scales at 400 pounds, earlier this year, the Dauphin County Children and Youth Services removed him from his home. The boy’s rapid weight gain from overeating and physical inactivity was the result of parental neglect, according to social services. This summer the agency met with his mother to discuss her ability to supervise him and implement lifestyle changes for her son.

As adults throughout this country struggle with “the battle of the bulge,” raising a morbidly obese child is rapidly becoming the topic of civil litigation and has caused the state to take action in extreme cases where this physical condition has been likened to a form of child abuse, and state agencies have removed such children from their homes.

The Northumberland County Court of Common Pleas recently adjudicated a case involving a morbidly obese minor (hereinafter “D.K.”). The court determined D.K. was to remain in the custody of Children and Youth Services (hereinafter “CYS”) because D.K.’s mother, who is also morbidly obese, was unable to provide the necessary medical care for D.K.’s health problems.1 The sixteen-year old, 451 pound boy had to have a medical evaluation in the course of the legal proceedings.

According to his evaluation at Pediatric Gastroenterology Department of Geisinger Medical Center, D.K.’s medical problems had reached a “life threatening situation.” Following the evaluation D.K. was diagnosed as morbidly obese and had to be admitted to the hospital for care.2 D.K.’s mother voluntarily released D.K. to the custody of CYS pursuant to an entrustment agreement. This proved beneficial. After being placed in foster care, D.K.’s health improved because of a supervised diet and physical activity directives. D.K. lost approximately fifty pounds in three months.

After this initial improvement, D.K. expressed a desire to return home to his mother. A board certified pediatric nutritionist testified regarding the mother’s ability to provide a healthy home for a still-recovering D.K. This expert said he did not believe the mother, limited by her own obesity, would provide the necessary support the minor required to avoid returning to his unhealthy ways. The nutritionist testified that if D.K. were to return to his old habits, he would not live beyond his thirties and would be plagued by physical problems including liver and heart disease, diabetes, and sleep apnea if he did not continue to get healthy.3

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The court looked to the statutes governing dependency to determine D.K.’s permanent status. In Pennsylvania, a “dependent child” is a child who “is without proper parental care of control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals.”4 In rendering its decision to permanently remove D.K. from his mother’s custody the court reasoned, If a child does not receive necessary medical care for a health problem, there is usually no difficulty in a court making a finding of dependency, and especially in the situation where a child was malnourished to the point of near starvation. Commonwealth v. Cottam, 616 A.2d 988 (1992). This situation here is on the other end of the nourishment spectrum, but is no less dangerous to the child’s physical and mental well-being.

In light of the medical testimony presented as to the present physical condition of the minor, this court finds that CYS has established by clear and convincing evidence that he is a dependent child at this time.5 The court emphasized that the mother’s own health problems, and her corresponding inability to properly care for her son’s health, were central to the decision to declare the minor dependent: [T]he mother here does not have the natural abilities typical of any parent, as she is limited by her own extreme obesity. Her own problems interfere with her ability to meet the special needs of her son.

She is homebound, and this prevented her from even attending her son’s medical appointments, so as to be fully advised as to the seriousness of his condition.

Since she did not go to the hospital during his six days as an inpatient there, it is unlikely that she fully appreciates her son’s situation at his time. Despite his obesity from the age of 3, and his weight gain of over 100 pounds in the past year, there is no evidence that she did anything to address his problem. She never took him to a dietician or other specialist…

She has been unable to maintain her own health by addressing her own obesity problem, and therefore it is highly unlikely that she will now be able to do so with regard to her son’s identical problem.6 As childhood obesity emerges as a serious medical problem in this country, it has sparked a debate that allowing a child to become obese is tantamount to child abuse. Courts and children’s and youth services have already begun to step in.

Claimants may also seek resolution to the child obesity problem through litigation with the food industry. Causes of action may be based in negligence or products liability.7 Another alternative is regulatory intervention in which the government orders specific changes in the behavior of food companies and school officials. One particular type of intervention, performance-based regulation, assigns large firms selling food and drinks high in sugar or fat the responsibility of reducing obesity in specific pools of children.8 Over the course of time what was considered accepted parenting or child-rearing has changed. Not long ago, hitting a

child was considered an acceptable form of punishment. After having been played out in the court of public opinion, it is arguably now the general view that consistently striking a child is considered abuse. Classifying parenting that allows one’s child to become severely overweight as “neglectful” may push the parameters of our traditional view of child abuse. In this instance, the abuse is what is denied to a child—as in proper nutrition and adequate physical activity—rather than an overt act. Some might argue, however, the availability of large amounts of unhealthy food, which enables a child to become obese, is an overt act, rather than a failure to act.

Pennsylvania law defines “child abuse” to include any of the following: (i) Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under 18 years or age. (ii) Any act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age. (iii) Any recent act, failure to act or series of such acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age. (iv) Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.9 If specific mandated changes in the food industry or performance-based regulation do not begin to reduce the incidence of childhood obesity, more court intervention may be necessary.

Parents that allow their children to overeat and remain inactive may find themselves labeled “child abusers” as society deems this behavior unacceptable.

Amy Keiser is a third year day student. She received her B.A. in finance from James Madison University, and after graduating in June she plans to practice in Harrisburg. She can be reached at amykeiser919@gmail.com.

References 1 In re D.K., 58 Pa. D. & C. 4th 353 (Pa.Com.Pl. 2002).

2 Id. at 355.

3 Id. at 356.

4 42 Pa. C.S. §6302(1).

5 In Re D.K., 58 Pa. D. & C. 4th at 358.

6 Id. at 359 – 360.

7 Samuel J. Romero, Obesity Liability: A Supersized Problem or a Small Fry in the Inevitable Development of Product Liability, 7 Chap L. Rev. 239, 277 (Spring 2004).

8 Stephen D. Sugarman & Nirit Sandman, Fighting Obesity Through Performance-Based Regulation of the Food Industry, 56 Duke L.J. 1403, 1409 - 1410 (2007).

9 23 Pa. C.S.A. §6303(b)(1).

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To Vaccinate or

Not to Vaccinate, That is the Question

By Vivian Taylor

One in every 150 children is diagnosed on the autism spectrum, three out of four of those diagnosed are boys. Medical science has not yet found the cause of this mysterious disorder.

There are countless theories as to the cause of autism in its various forms – one that has made headlines recently is the correlation between vaccines given shortly after birth and the disorder.

This belief has become so strong that some parents are choosing not to vaccinate their children or stagger the shots (rather than all at once)—perhaps hoping the chance is more remote their infant will get some all-but-wiped-out disease, than wind up diagnosed on the spectrum down the road.

“I do not believe that [childhood] vaccinations alone cause autism1,” says Attorney Kim Pharr-Moses (L’94). Ms. Moses’ six-year old son, Thurgood, was diagnosed on the autism-spectrum at three-years old. She contends that some children are genetically predisposed to develop autism and that this predisposition in conjunction with vaccinations leads to the disorder. Because Thurgood was diagnosed at a young age, his prospects for a relatively “typical” life are good. With a supportive family and dedicated service providers, he is expected to excel academically and socially. Ms. Moses firmly believes that the vaccinations children receive in infancy strongly correlate to the onset of autism. However, despite this belief, she continues to vaccinate both her sons as recommended by their pediatrician. Her younger son, Langston, has not been diagnosed on the spectrum.

Unlike Ms. Moses, Attorney Julia Laurin decided not to have her children vaccinated; she waived out of vaccination requirements by signing a statement objection based on her own deep philosophical convictions. She believes there is a connection between certain childhood vaccinations and the autism spectrum.

This begs the question – are these convictions worth the risk of exposing a child to a potentially lethal disease?

The Pennsylvania Code lays out certain requirements for vaccinating children from kindergarten through seventh grade.2 This law was designed to insure school children are protected against diseases that can quickly spread in schools and “may interrupt school life and learning.”3 These regulations govern all public, private and parochial schools in the Commonwealth, including special education and home education programs.4 The Code specifies the type of immunization and quantity of the dosage required by age group.5 A detailed recommended immunization schedule for children in the United States is also provided on the Federal website.6 32

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As of its August 1997 revision, the Code provides an exemption from immunizations for medical or religious reasons. Under the religious grounds exemption, Pennsylvania allows an exemption on the basis of a strong moral or ethical conviction similar to a religious belief7. If a parent believes there is a connection between autism and vaccinations, they may waive the vaccinations under this religious exemption.

Various websites have been launched with the purpose of informing parents of the facts surrounding this debate, connecting autism and childhood vaccinations.8 Even Hollywood celebrities have joined in the debate.9 As of January 2009, there are twenty states that allow parents to choose not to vaccinate their children based on some form of religious or philosophical belief.10 Many parents, including Ms. Laurin, found the decision not to vaccinate a difficult one. Like any parent, Ms. Laurin fears that her decision not to vaccinate increases her children’s chances of infection. For this reason, Ms. Laurin must closely monitor what food her family eats and must maintain her home to be environmentally toxic-free. Ms. Laurin also says there are not enough official studies conducted addressing the link between vaccinations and autism and also a link to other rising childhood diseases.

Several experts say there is no link between autism and vaccinations. Even after the removal of thimerosal, a mercurybased preservative, from the vaccine, autism has continued to rise.11 With a trend—albeit a minority one—towards not vaccinating, long-forgotten diseases have begun to surface. The Center for Disease Control and Prevention has reported an increase in measles among unvaccinated children.12 An unvaccinated population does not just threaten young children. Recent outbreaks of meningitis13 have caused alarm in some college communities, as the disease can kill a student in twenty-four hours, and is spread easily among those living in dormitories, who may be susceptible if they were never vaccinated.14 Pennsylvania now requires any student living in a dormitory in the Commonwealth to receive a one-time vaccination against meningococcal meningitis. Governor Ed Rendell signed the College and University Student Vaccination Act of 2002, which states that any institution of higher learning shall prevent a student from residing in a dormitory unless the student received the one-time vaccination. In 2003, Penn State denied access to dormitories for about 300 students because they were not vaccinated against meningitis, as required by the new law.15

Other states have similar requirements for college students.16 Capricia Williams, a 2004 graduate of Howard University in Washington, D.C., remembers she was not allowed to complete her registration in 2002 because she had not received clearance from the health department for a mandatory tuberculosis test.

She was given information about the meningitis vaccine and was told it was optional. Ms. Williams, a dormitory resident during her years at Howard, said the one-time meningitis vaccine is a simple shot. “I received both vaccinations because it was required at school. I believe if you are going to attend school, then you need to be vaccinated.” She said in her last year Hepatitis vaccines became mandatory as well, in addition to tuberculous and the recommended meningitis vaccine.

The University of Pennsylvania provides a form entitled “Information about Meningococcal Disease and Waiver Form.”

The bold italicized paragraph tells the students that the vaccination is required, followed by an equally bolded and italicized paragraph telling the students of the waiver, which is then followed by the signature block. 17 Braulio Sanchez, a second-year law student at Duquesne, remembers that when he attended Brigham Young University (BYU), as an international student from Mexico, he was told of the requirement, but there was no follow up. Mr. Sanchez lived in the dormitories for his freshman year in the United States.

However, he was not concerned as he had received and was upto-date on his childhood vaccinations in Mexico. A couple years later his sister joined him at BYU, they lived together in an apartment off campus, which meant there were no vaccine requirements placed on her enrollment.

Questions remain about the efficacy of vaccines if an unknown amount of infants, children and young adults are

provided the right to waive the otherwise legally required vaccines because of their beliefs. More importantly, if it is so simple for a parent or student to obtain a waiver—is the legislature really fulfilling its intended purpose and protecting children against communicable diseases that threaten to disrupt school, learning and potentially become fatal to the person, or those around them. Statistically, more children are being diagnosed on the autism spectrum today—whether this is because the disorder has become easier to identify and better understood, or because of some other environmental triggers, no one can say for sure—however, despite trendy conspiracy theories, there is no proven and accepted scientific link between the spectrum and vaccinations. In the meantime, some parents have bought into the hype and not vaccinated their children— this has brought the return of several childhood diseases— many of which we have only ever heard of from parents or grandparents, and never thought we would see in modern society again. Parents and young adults—leery of the side effects of vaccinating, as well as what the shots are to be protecting them or their children against—want assurances that the benefits to vaccinating outweigh the potential negatives, before they inject what they believe to be harmful in their body.

Vivian Brand Taylor is a second year student graduating in 2010. She has an interest in working in community redevelopment, specifically with non-profit organizations. She holds an MBA and BSBA from the University of Phoenix, AZ, with a professional background that includes Administrative Management, Human Resources, Architecture, and Engineering. Vivian can be reached at taylor4555@duq.edu.

References 1

2 3 4 5 6 7 8

Autism is a brain development disorder that is known by a range of symptoms of restricted and repetitive behavior, along with impaired social interaction and communication skills. It is sometimes called autism spectrum disorder.

These signs begin in children before the age of 3.

28 Pa. Admin. Code §§ 23.80 – 23.87 (Westlaw Current through Supp. 410 January 2009).

28 Pa. Admin. Code § 23.81.

28 Pa. Admin. Code § 23.83.

Id. http://www.cdc.gov/vaccines/recs/schedules/ child-schedule.htm.

28 Pa. Admin. Code § 23.84(b).

A suggested script that one parent used is: “I, [parent], being the legal guardian of [child], objects to the immunization requirements as outlines by the Department of Health of the Commonwealth of Pennsylvania as defined in 28 PA Code Ch. 23 on the basis of a strong moral or ethical conviction similar to a religious belief as outlined in section 23.84: Exemption from Immunization.”

9 Rosemary Black, Jenny McCarthy and Amanda Peet Duke it out over Childhood Vaccines and Autism, New York Daily News (Sept. 30, 2008).

10 National Conference of State Legislatures website: http://www.ncsl.org/programs/health/SchoolExempLawsChart.htm.

11 Vaccines And Autism: Many Hypotheses, But No Correlation Found ScienceDaily (Feb. 1, 2009) — http://www.sciencedaily. com/releases/2009/01/090130093407.htm.

12 Center for Disease Control and Prevention, http://www.cdc.gov/ mmwr/preview/mmwrhtml/mm5733a1.htm.

13 Meningitis is an inflammation of the membranes covering the brain and spinal cord, known as the meninges. It is caused by infection from viruses, bacteria, or other diseases and potentially life threatening because it is so close to the brain.

14 Center for Disease Control and Prevention, http://www.cdc.gov/ mmwr/preview/mmwrhtml/00000581.htm.

15 http://media.www.bgnews/media/storage/paper883/ news/2003/01/15/World/Penn-State.Locks.Out.Students.Lacking.

Vaccinations-1288145.shtml.

16 Id. 17 University of Pittsburgh, Student Health Service Department.

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When the IRS Comes Knocking, When Your Small Business is Scammed by a Broker Turn to the

Clinics at Duquesne

By Paula Dillie

Housed in the Duquesne University School of Law are two unassuming programs that help those in the community that may need it the most.

The current financial state of the country seems bleak for most Americans, but some individuals need more immediate help than others. Imagine being a single mother who is being told by the Internal Revenue Service (IRS) that any income she has will be levied upon unless and until she pays her tax liability with penalties and interest in 30 days. She has no funds with which to pay the IRS. Imagine being a senior citizen who is being told that the money he entrusted to a financial advisor is completely gone. He has no funds to rely upon for retirement.

Who do you turn to when you cannot afford legal counsel? The Income Tax Practicum and the Securities Arbitration Practicum in the law school can help many of these individuals, and the help starts almost immediately.

The Income Tax Practicum provides free legal assistance to qualified taxpayers who are involved in a controversy with the IRS. The amount of the tax liability must be below $50,000 per tax year. As the time passes, while the taxpayer is trying to find help and is unable to afford private counsel, the penalties and interest are stacking up. The problem is exacerbated because the taxpayer often is notified that she owes from a couple of years prior. Many taxpayers fill out tax forms each year in the same way they did it the prior year. By the time the IRS notifies many taxpayers, the mistakes they made in the controversy year have been unknowingly repeated, resulting in substantial penalties and interest. This is often the case even where the taxpayer has used a service to prepare his/her taxes.

Most of the clients that the Tax Practicum has helped are individuals who do not have disposable income or alternate sources of income. Most do not have savings on which to rely in emergency situations. A change in their take-home pay due to wage garnishments can be devastating. Fortunately, the students in the Practicum can relieve the burden on the troubled taxpayers. In the most extreme cases, the students can request that the taxpayer be placed in “currently not collectible” status.

This does not relieve the debt owed to the IRS, but any levies or garnishments can be lifted. In the less extreme cases involving tax credits or exemptions, the students can determine the taxpayer’s eligibility for the credits or exemptions. Often, the taxpayer needs assistance in obtaining the necessary documentation for eligibility. Each of the students represents a taxpayer in the United States Tax Court. The student is responsible for preparing the case for court and working with the IRS counsel to resolve the matter.

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Students in the Law School can gain valuable hands-on experience if they enroll in the Tax Practicum’s one semester, three credit hour course. The students are approved to practice before the Tax Court, but most of the experience gained is from direct contact with the clients and IRS personnel and IRS counsel. The students learn to prepare documentation such as penalty abatement requests and audit reconsideration requests. To aid the students, supervising attorneys are available. These are attorneys in the local area that have tax expertise and have dealt with the IRS in the past. The Duquesne University student representatives are extremely successful in their assistance to taxpayers.

Another source of relief for those in the community is the Securities Arbitration Practicum. This clinic offers free legal assistance to small investors who cannot afford legal assistance.

The dispute must be less than $50,000 and household income cannot exceed $75,000. Preference is given to Pennsylvania residents, but clients have been from other states including Texas, California, Virginia, and Florida. Disputes handled by this Practicum stem from suspected wrongdoing on the part of broker-dealers. This includes mishandling of funds, which may include unauthorized trades, churning, misrepresentation, and unsuitability.

The students in the Securities Practicum investigate these claims and are involved in every step of the dispute resolution process. The student is responsible for development of the case, which includes conducting client interviews, preparing and filing the Statement of Claim and the applicable complaint forms.

The students participate in FINRA pre-trial conferences, motions, and proceedings, and any court proceeding. Students may also be called upon to represent the investors in state and federal proceedings.

Students gain hands-on experience throughout the academic year in this two clinical and one academic credit hour program. Seminars are conducted by faculty, private practitioners, and SEC attorneys. As with the Tax Practicum, supervising attorneys are available for consultation with the students and clients. The supervising attorneys are Sandy Garfinkel, of Eckert Seamans Cherin and Mellott, and Scott Lane, the Deputy Chief Counsel of the Pennsylvania Securities Commission.

The Securities Arbitration Practicum collaborated with other graduate programs at Duquesne University to present “Ethics, Regulation and Risk Management: A New Paradigm for the Financial Services Industry” on April 21. This symposium discussed the future directions in the financial services industry in these times of uncertainty. Since 2001, the Securities

Practicum has recovered over $300,000 for investors. In the fall of 2008, the students of the Securities Arbitration Practicum won the largest settlement in the history of the Securities Practicum, $42,000.00.

Both of the in-house Practicums are under the direction of Professor Alice Stewart. She has a history of successful clinic management. She created the Civil Justice Clinic at Duquesne University School of Law in order to provide legal services related to Juvenile Court Practice and Family Law Court Practice. In 1998, Professor Stewart obtained one of the first sixteen grants to law schools from the U.S. Department of Treasury to help fund the Low-Income Tax Practicum. The Low Income Tax Practicum has been awarded over $700,000 since its inception. In 2001, she started the Securities Arbitration Practicum, one of only five in the country at the time. Professor Stewart also receives underwriting support of $50,000 per year from the Pennsylvania Securities Commission with over $250,000 awarded to date.

Today’s headlines are dominated by the country’s financial woes. The imperiled housing market and extensive corporate cutbacks will cause many taxpayers to seek out the free legal assistance available at the Income Tax Practicum. The current state of the market and the recent high profile cases of financial investor scams makes it likely that the number of small investors seeking help from the Securities Practicum will also increase. In the tradition of Duquesne’s clinical programs, students should take the opportunity to enhance their resumes through the service of others.

Paula Dillie is a third year student, graduating from Duquesne University School of Law in June. She received a Bachelor of Arts in English Literature and Sociology from Washington & Jefferson College. Paula also graduated cum laude from the University of Texas at Arlington with a B.S. in biology and chemistry with a forensics option. She is a former treasurer of the Animal Law Society and a current member of both the Women’s Law Association and the Corporate Law Society. Paula can be reached at pjdillie@gmail.com.

On the left is professor Alice L. Stewart, director of the tax and securities practicums. On the right is Sandy Garfinkel of Eckert Seamans Cherin & Mellott, supervising attorney for the securities practicum. This photo was taken during class for the securities practicum.

Photo courtesy of: Pittsburgh Post-gazette

The following students participated in the Securities Arbitration Practicum in the Fall Semester of 2008 and helped win the largest settlement for their clients in the Practicum’s history, $42,000.

Mike Ihrig chose the Securities Arbitration Practicum this year to pursue his interest in corporate law.

“The very first day of class my partner and I received a client and a case file. To our surprise, the case was ongoing and there was a pending mediation in less than 2 months. At first this was a bit unnerving, but with the help of Professor Stewart and our two supervising attorneys, Scott Lane and Sandy Garfinkel, my partner, Nick, and I drafted a pre-mediation statement and prepared vigorously for the mediation.”

Unfortunately, we were unable to attend the mediation in person, so we settled for attending via a conference call.

This, however, did not take away at all from the experience.

The mediation lasted the full day, and we eventually reached a settlement agreement. The mediation was both rewarding and educational. It was by far my biggest accomplishment while I have been in law school. That day was representative of why I went to law school. Hearing our client’s gratitude for our services gave me all the reassurances that I needed that law was the right path for me.

I would highly recommend this program to anyone at the law school, including people who are not considering taking a clinic. It gives you a chance to step away from the grind of reading textbooks and actually interact with a client.”

Third-year, day student Nicholas Bell also participated in the Securities Arbitration Practicum in the Fall Semester.

“Participating in the [Practicum] has provided me with the most real world legal experience since enrolling in the Law School. In the fall of 2008, my partner and I were responsible for the representation of a client and his FINRA claim against a broker. We were given full access to the client’s file and were in charge of drafting a statement to be presented on our client’s behalf during mediation.

The mediation statement contained the relevant facts of the case, as well as the legal argument for the various claims asserted against the broker. During mediation, my partner and I actively represented the interests of our client in discussions before the mediator and opposing council.

The entire mediation experience gave me a comprehensive understanding of attorney/client communication.

It was also comforting to have several knowledgeable and respected attorneys as advisers during the mediation to help lead our team in the right direction. I would highly recommend this practicum to any law student looking for an exceptional and constructive legal experience in an academic setting.”

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Congratulations to Rebecca Yanos

Juris would like to congratulate its own Rebecca Yanos. Rebecca participated in the National Animal Law Moot Court Competition at Harvard Law School in February. She tied for the “best oral advocate� distinction and was recognized as the runner-up in this category, based on the total overall Rebecca Yanos score, which included the brief.

Way to go Rebecca!

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Adrienne Sadosky, fourth-year part-time day student, was sworn in to the Navy Judge Advocate General Corps (JAG) by retired Rear Admiral General and former Dean Donald J. Guter.

Other graduating students that also received a commission for Navy JAG include: Monique Dessaso, Margaret Villigran, and Denise Romeo, all third-year day students.

Students that applied to other branches of JAG are still awaiting decision.

Laws to Live By?

By Elizabeth Spadafore and Jennifer N. McDonough True story: a girl walks into a tattoo parlor in Virginia to get a tattoo on her foot and is turned down because she is told it is against the law. As it turns out, it is not against the law in Virginia to tattoo your feet. However, hearing this story got us thinking about what bizarre laws may or may not exist in Pennsylvania.

In our research, we stumbled upon some hilarious Pennsylvania “laws.” For instance, it is said that it is illegal to sleep on top of a refrigerator. Yes, you read that correctly. As tempted as you may become to take a nap on your refrigerator, you are apparently breaking the law.1 As a warning to those who loathe housework, somewhere in this state it is apparently illegal for housewives to hide dirt and dust under a rug in a dwelling place.1 This law makes us wonder exactly what state interest exists in this kind of legislation and also about enforceability. But wait, there is more.

For the rural residents of the state, did you know that when driving on a country road at night, a motorist must stop every mile, send up a rocket signal, and wait ten minutes for any and all livestock to clear before proceeding?1 This becomes complicated however, since we also found a law stating that establishments in Pennsylvania selling fireworks are not allowed to let Pennsylvania residents purchase any.1 So, although we are still researching where to obtain the rockets we will need to clear any livestock from country roads, we do know that if you have a dinner party to attend in the country, you should probably give yourself a significant amount of time to get there.

Finally, a law to get everyone thinking: all fire hydrants must be checked one hour before all fires.1 We are still trying to figure this one out logistically. But, at least we know the fire hydrants in Pennsylvania are going to be functioning in the event of any completely foreseen fire.1 Unfortunately, we were unable to substantiate the true existence of any of the above “laws” on any official books.

However, in our search we stumbled upon some seriously questionable existing laws in our very own City of Pittsburgh Code. Below are the highlights: Every corporation or person owning a public building must have a sign somewhere in plain sight stating the prohibition of spitting and the punishment for violation of this law.2 How exactly that can be enforced is questionable, but we wanted our readers to know that if you happen to be walking down the street and have the urge, refrain! Further, if you see a fellow citizen in the act of spitting, a citizen’s arrest may be in order.

Finally, something to keep in mind around hospitals: no person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a hospital and/or

medical office/clinic.3 We thought this was very important to mention to our law-abiding readers especially here in Pittsburgh, since UPMC basically owns the city, and it is fairly difficult to find any one hundred foot area without a hospital or clinic in it.

If these laws make you feel discouraged about our state’s decisions legislatively, it may comfort you to know that every state that we came across in our research has laws that would fall into the “bizarre” category. If you are ever riding a train in Texas, you will have time to think about this, since we have heard that according to Texas law, two trains traveling in opposite directions must both come to a complete stop, and neither can move until the other is out of sight.4 Elizabeth Spadafore is a third-year, evening division student, graduating in June of 2010. Elizabeth is a professional modern dancer who has performed locally with the Pittsburgh Opera and Attack Theatre.

Jennifer N. McDonough is a third-year law student, graduating in June 2009. Jennifer earned her Master in Education degree from the University of Maryland magna cum laude, and hopes to incorporate it into her career as an attorney. Jennifer can be reached at j.mcdonough3@yahoo.com.

References 1 http://www.dumblaws.com/laws/united-states/ pennsylvania?page=20.

2 Ord. 29-1989, eff. 12-29-89.

3 Am. Ord. 49-2005, § 1, eff. 12-30-2005.

4 http://www.dumblaws.com/laws/united-states/ pennsylvania?page=20.

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