Juris Magazine- Fall 1981

FALL 1981

THE DUQUESNE lAW SCHOOL NEWSMAGAZINE

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Editor's Note The Duquesne University School of Law is about to enter a new era. After years of financial planning, design planning, anticipation and disappointment, the new law facility, long overdue, is finally becoming a reality. There is a feeling of revitalization among all those associated with the law school, both past and present. For it was only through the unified cooperation of the administration, faculty and most importantly the alumni and friends of the law school that the new law facility ow~s its existence. I am convinced that this sense of unity and cooperation will carryon long after the completion of the new law school building.

Even through the years of controversy and conflict within the law school, Duquesne has continued to produce high caliber, well trained and competent lawyers for which the law school has always been recognized. Contrary to the beliefs of others, I am of the sincere opinion that the image of the law school has not been tarnished.

Juris has always endeavored to reflect the quality and excellence characteristic of the product of this law school. Our efforts have not gone unrecognized. In 1980, Juris, under then Editor-in-Chief Barry Cosey, was recognized by the American Bar Association Law Student Division as the premier publication of all law schools within the Third Circuit. This past summer Juris again received the ABA/LSD Third Circuit Award due to the efforts of Editor-in Chief, Michael J. Calabro and the 1980-1981 J uris Staff.

We of the Volume XVI, 1981-82 Editorial Board and Staff will strive to emulate those who have published this magazine before us. We will put forth our utmost efforts to maintain the standards of quality and excellence our readership has come to expect.

Juris will be published bi-monthly during this academic year, and its circulation now exceeds 5,000 copies. This year, more than ever, we will attempt to provide a variety of informative articles of interest to the law school alumni, since it is they who comprise the bulk of our readership. With this as our goal, I hope that more of our alumni will take advantage of our continuing invitation to contribute articles of interest to the legal community.

Sincerely,

Paul S. McGrath, Jr. Editor-in-Chief

VOL XVI No.1 -

Fall 1981

Editor-In-Chief Paul S. McGrath, Jr. Associate Editors Roseann LaRosa A. HaLarear M. Piper Wayne Spaeth Assistant Editors Nat Cohen Eugenia Schwarz Faculty Advisor John J. Sciullo Photography Eric Young Staff Members: Keith Eliou, Bill Friedman, Jim Gaston, Pam Haywood, Deirdre McDonald, Lisa Rich, Lisa Sciullo, Scott Seiler, Mary Beth Tuk.

JURIS is a student publication of the Duquesne University School of Law. Views and opinions expressed are not necessarily those of JURIS or Duquesne University. All manuscripts and comments may be addressed to JURIS, Duquesne University School of Law, 600 Forbes Avenue, Pittsburgh, Pennsylvania 15282.

Telephone (412) 434-6305 Copyright 1981 Duquesne University

In this issue

2

3 4

EDITORIAL BOARD

6

FOOTNOTES

ABA PUBLICATIONS

7

NEW F ACUL TY MEMBERS

5

ORIENTATION

8

JURIS INTERVIEW: JIM GERARD

6

VITAL STATISTICS

11

COMPUTER ASSISTED LEGAL RESEARCH

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19811982 The 198/-1982 Juris Editorial Board was chosen in March 1981 by the outgoing Editorial Board and Juris faculty advisor, Professor John Sciullo.

Paul S. McGrath, Jr. (3D) will serve as Editor-in-Chief for Volume XVI of Juris. Associate Editors are Roseann LaRosa (2D), Wayne Spaeth (3D) and HaLarear M. Piper.

Nat Cohen (3D) and Eugenia Schwarz (2D) will serve as Assistant Editors.

This year's Editorial Board seeks greater contribution from both alumni and law students in the form of publishable articles and commentaries. The /981-1982 Editorial Board will also strive to maintain the same standards which have won recognition for Juris Editorial Boards the past two years by the American Bar Association Law Student Division in its annual newspaper competition.

Clock wise from above: Paul S. McGrath. Jr.. Roseann LaRosa, A. HaLarear M. Piper. EUf!,enia Schwarz. Nat C. Cohen. Wavne Spaeth.

3

NEW ABA PUBLICATION EXAMINES REAL ESTATE FINANCING ALTERNATIVES - New financing techniques for real estate that have evolved as a protection against inflation are examined in a new publication from the American Bar Association.

Financing Real Estate During the Inflationary '80s, published by the ABA Section or Real Property, Probate and Trust Law, consists of material drawn from the May, 1981 ABA National Institute sponsored by the Section.

It covers the legal format of these investment techniques as well as their tax implications and other issues.

Among the techniques discussed are new mortgage forms, such as variable rate mortgages, graduated payment mortgages and deferred interest mortgages; lender's option to purchase; sale-Ieasebacks and leasehold mortgages; joint ventures such as ventures between developers and lenders, preferred equity positions, and partnerships with foreign investors; sales with retained interest in the property; sales of units to non-user investors; and new lease clauses to protect landlords from the effects of new mortgage forms.

The authors also attempt to anticipate legal problems that may occur with these new forms of real estate transactions.

Sample forms, clauses and instruments are included in the volume.

The volume is edited by Brian J. Strum, vice president, Real Estate Operations, Prudential Insurance Company of America. Strum is also the author of the opening chapter, "The Role of Life Insurance Companies and Pension Funds in Financing Real Estate in the '80s."

Other authors are attorneys Peter M. Fass, Anthony B. Kuklin and Paul E. Roberts of New York; Howard L. Abramson of Dallas; John Hastie of Oklahoma City; Jessie B. Heath, Houston; Howard E. Kane, Chicago; Noel W. Nellis, San Francisco; and Michael R. Levin, Hartford, Conn.

The book may be purchased from the ABA Circulation Department, 1155 East 60th Street, Chicago, IL 60037, for $35.00 plus a $1 handling charge for each order. A price of $25.00 per copy is offered to members of the Real Property Section of the ABA . • 4

ABA PUBLISHES THREE VOLUMES ON ANTITRUST LAW AND LITIGATION - Three new publications on antitrust law and litigation have been released by the American Bar Association: Antitrust Discovery Handbook, Antitrust Civil Jury Instructions (1980) and Antitrust Law DeVelopments Third Supplement.

Antitrust Discovery Handbook, prepared by antitrust practitioners, is designed to be a practical guide to discovery. It includes suggested definitions, instructions, interrogatories, requests for documents and requests for admission. Discovery plans and citations to principal statutes and cases are discussed for specific types of antitrust litigation such as horizontal per se violations, vertical distribution, monopolization, price discrimination, statute of IimitFltions and fraudulent concealment, and interstate commerce.

The llO-page handbook also addresses the abuse of discovery and methods for controlling the discovery process. It was edited by Michael M. Baylson of Philadelphia.

Antitrust Civil Jury Instructions (1980) is a completely revised version of the 1972 volume. It contains instructions ~ctually given in trials of antitrust lawsuits and notes the cases in which an appellate court approved the instructions.

Instructions are included for cases involving the Sherman Act, Section 1 and 2; The Clayton Act, Section 2 (Robinson-Patman Act), Section 3 and 7; and causation and damages.

General instructions on the role of the jury, evidence, witnesses, and the overall purpose of antitrust law also are part of the volume.

The 280-page book was compiled by the Jury Instruction Subcommittee of the ABA Section of Antitrust Law. The discovery handbook and jury instructions handbook are designed as looseleaf binders, to be supplemented with material compiled after preparation of these volumes.

Antitrust Law Developments Third Supplement accompanies and updates Antitust Law Developments. It covers current case law as well as administrative and legislative developments through 1980. A "Pocket Part Supplement" contains the Antitrust Division Sentencing Guidelines

and Merger Acts and Antitrust Improvement Acts.

The editorial board for the Third Supplement was chaired by James R. Loftis III of Washington, D.C. Antitust Discovery Handbook and Antitrust Civil Jury Instructions (1980) are priced at $35 each. Antitrust Law Developments Third SliP-" plement costs $25, or if purchased with Antitrust Law Developments, $55. Special prices are offered to law students.

The books may be purchased from the ABA Circulation Department, 1155 E. 60th Street, Chicago, IL 60637. Add $1 handling charge for each order . •

CASH REBATES ON NEW CAR PURCHASES ARE TAX FREE In an effort to reduce inventories in a period of slow sales, some automobile manufacturers have been offering rebates to customers purchasing or leasing certain models. In a 1976 IRS Revenue Ruling 76-96 the IRS provided that a qualifying retail customer who receives a rebate on the purchase or lease of an automobile can consider the rebate as tax-free income. The IRS defines a qualifying retail customer as one who independently negotiates an arm's length agreement to purchase or lease an automobile.

Revenue Ruling 76-96 further provides that the automobile manufacturers have the right to determine the model for which the rebate will be offered as well as the rebate time period. Rebates are received following delivery.

According to IRS Code Section 61 gross income includes all income regardless of the source. Because of the questions the rebates have raised, the IRS has ruled that the rebate amount is excluded from taxable income. From the manufacturers' standpoint the rebate can be deducted as an ordinary and necessary business expense under Section 162.

Code Section 1012 defines the basis of property as the actual cost of the property. However, Section 1016 would allow for the basis of the automobile to be adjusted downward by the amount of the rebate. In Pennsylvania the sales tax is levied on the (continued on page 13)

Orientation At the Duquesne University School of Law, the annual Orientation program represents the introduction to law school life for the incoming day and evening classes. Following the format used last year, Orientation 1981 was held in two sessions, the first on September 8th and the second on September 12th, after the first few days of class. The dual session concept was utilized because it was felt that the first session which is held prior to the start of classes, is a necessary general introductory program. The second session, held after the first week of classes, provides the first year student with the opportunity to ask faculty and upperclassmen specific questions about, inter alia, study habits, briefing techniques and coping with the Socratic method, as well as serving to reduce the "firstyear first week" jitters.

The September 8th program began with some opening remarks by Professor John Gedid, faculty advisor to the Orientation Committee. During the brief address Professor Gedid stressed the important role the lawyer plays in today's society. Following Professor Gedid, Student Bar Association President Paul Klein spoke to the attentive audience, and provided words of encouragement and practical advice from a law student's point of view. He also urged the I-L's to become involved with the law school and to avail themselves of the many programs and services the law school and S.B.A. has to offer.

Klein then introduced the Rev. Donald S. Nesti, President of Duquesne University. Father Nesti's message stressed the importance of the human element in the legal profession, and emphasized to the students the need to carryon the tradition of honor and integrity the graduates of the law school have helped to establish.

Professor Kenneth Hirsch, representing the Law School Administration then delivered a brief address emphasizing to the first year class that their acceptance into the law school indicates that they possess the talents and capabilities necessary to complete their law school education at Duquesne. Hirsch stated that due to more selective screening of ap-

Rev. Donald S. Nesti addresses the first year class.

Keynote speaker Rita Kelly, Esq.

plicants, the attrition rate at Duquesne has decreased dramatically and assured his audience that success in law school requires nothing more than hard work.

The keynote speaker for the evening was distinguished Duquesne alumna, Rita Kelly. Mrs. Kelly, a senior partner in the law firm of Cooper, German, Kelly and Smith reflected on her own experience at law school from the viewpoint of a "working lawyer". Mrs. Kelly advised the first year students, inter alia, not to be "nervous" about law school, to be diligent in their work, and to use their time wisely.

An informal discussion session followed the keynote address as the students divided into small groups and upperclassmen, volunteering as group leaders, answered questions

and provided the neophytes with words of wisdom on the art of surviving the first year. The evening concluded with refreshments and more informal conversation.

The second session was held on Saturday September 12, 1981 from 9:30 a.m. to 12:30 p.m. The program consisted of a series of brief addresses by three faculty members, Professors Donaher; Mansman and Ledewitz, followed by a panel discussion and question and answer session by six upperclassmen.

Juris would like to congratulate the Orientation Committee, Chairpersons Cindy Cline, Deirdre McDonald and Lisa Scuillo Goodyear as well as Professor Gedid and all those who participated in the program for making Orientation 1981 a success.

5

ORIENTATION: "VITAL STATISTICS" In order to gain some insight into the make-up of this year's incoming class, JURIS distributed among the first year students present at Orientation 1981, a personal profile questionnaire. One hundred and forty-one students responded to the survey. This figure represents roughly 63070 of the total number of day and evening students enrolled for this year.

Of the 141 students responding, 78 are enrolled in the

592. The average Q.P.A. and LSAT for the evening is 3./9 and 594 respectively. However, in the day division the average LSAT score is 590 and the average Q.P.A. is 3.22.

Interestingly, in both divisions, the most common undergraduate degrees/majors were Political Science, History, and Economics. Some of the more unique undergraduate degrees held by first-year students include Biological Engineering, Speech and Child Development.

, ) evening division and 63 in the day division. In the evening class women comprise approximately 37070 of the crass, while in the day division, women represent only one-fourth of the total enrollees. Forty-two percent of all evening students are married as compared to only 6070 in the da'y division. As expected, all of the evening students responding indicated that they were Pennsylvania residents. However, in the day division, roughly 1 in 10 students are non-residents .

The average age of first-year day students is 23, the oldest student is 53 and the youngest is 20 . The average .age for evening students is 26, the youngest member is 21 and the oldest 48.

Based on the information provided by the day and evening students responding, the average overall Q. P :,A. for both divisions is 3.2, and the average LSAT score is

Four of the day division students responding indicated that they have received postgraduate degrees while 20 of the 78 evening students completing the questionnaires or roughly one-fourth, have been awarded postgraduate degrees.

When asked whether Duquesne was their first choice, as expected, 95070 of the evening students surveyed responded in the affirmative . However, in the day division, only 59<170 of the first year class made Duquesne their first choice.

When asked why they did choose Duquesne the vast majority of all students responding indicated that the law school's good reputation, location, and faculty were the primary determining factors in their decision. Others indicated that the law school's consistently high pass-rate on the bar exam was a motivating factor as well as the law school's relatively low tuition costs.

FOOTNOTES The Pennsylvania Bar Institute, (PBI) w.ill be holding several seminars during the month of October.

On October 16th, a seminar on "Opening a Law Office" will be held in the Allegheny County Bar Association Auditorium, 10th floor, CityCounty Building. The seminar will run from 9:00 a.m. to 5:00 p.m.

The PBI will also present a seminar on "Pennsylvania and Federal Evidence," on October 23rd from 9:00 a.m. to 5:00 p.m.

The PBI will also be holding a seminar on November II th on the subject of "Class Actions." Those interested in attending the above mentioned seminars should contact the Pennsylvania Bar Institute at 800-932-0;,.3:..:11-:-._-=__ The Allegheny County Bar Association will hold a seminar on

6

"Wrongful Discharge and Employment Discrimination", on October 20,1981 at 4:00 p.m. There is a $7.50 fee for the seminar. For more information, contact the ACBA. On October 30th, the ACBA will hold its annual Blood Donor Drive for ACBA members.

The Allegheny County Bar Association will be continuing its 17th Annual "Bridge-The-Gap" series of seminars through the menth of October. A seminar on "Workmen's Compensation Practice" will be offered Thursday, October I st, from 4:00 to 6:00 p.m. A two-session lecture on "Basic Commercial Law Practice" will be offered on October 6th and October 13th from 4:00 to 6:00 p.m. The final seminar on "Basic Family Law Practice" will also be held in dual sessions on Oc-

tober 15th and October 22nd from 4:00 to 6:00 p.m. For more information on any of the sessions, contact the Allegheny County Bar Association.

Ms. Jan Cramer was recently appointed to serve as Student Organizations Secretary for the Law School.

She was previously employed as a secretary with the Consultation and Education Services of the Chartiers Mental Health and Mental Retardation Center in Bridgeville, Pennsylvania. Ms. Cramer will assume the same responsibilities as the previous student organization secretary, Maureen Rosenbach, in that she will be assisting the various student organizations associated with the Law School.

Ms. Cramer is a resident of the Crafton area and has two children, Brad and Joshua.

Law School Appoints New Faculty Members The School of Law recently made two additions to its faculty; Michael Strieb and Marjorie Wallace.

Mr. S. Michael Streib received his J.D. from Duquesne University School of Law in 1979. He also holds a B.A. in Economics from Ursinus College, and an M.B.A. from the University of Pittsburgh. Streib brings to the law school strong qualifications in both business and law.

His work includes Special Investigator of White Collar Crime and Political Corruption for the Allegheny County District Attorneys Office, Law Clerk in the Appellate Division of The Office of the District Attorney of Allegheny County, and Senior Tax Accountant for Arthur Anderson and Company.

Mr. Streib said he chose Duquesne for its law school curriculum and Pittsburgh location. He is a great supporter of the law school's stringent required course policy. According to Mr. Streib, "all education is not the process of learning facts, but rather, it teaches you to think in a certain manner - you should gain a method of thinking and an approach to solving problems, reasoning inductively, deductively and precisely." As for the Socratic method, Streib claims, "you have a certain amount of natural ability, but that ability only develops with practice and effort. The best practice and most effort is with the Socratic method. The best way isn't really the easy way." Mr. Streib en-

joys the intellectual challenge of law and finds the classroom interaction exciting.

Professor Marjorie Wallace received her undergraduate degree in Psychology from UCLA. She then attended the University of California at Hastings where she was awarded the J.D. in 1976. She then accepted a teaching position at the University of Puget Sound where for two years she taught Legal Process, Legal Research, and Employment Discrimination. In 1980, she received her L.L.M. from Yale University after which she taught Sales and Secured Contracts, and Legal Methods for one year at Washburn University. She will be teaching Contracts to first year day students as well as the Remedies and Damages elective course in both the day and evening divisions this year.

According to Professor Wallace, in order to succeed in law school the law student should exercise self discipline and "be able to be wrong while maintaining a sense of self esteem." When asked what a law student should gain from his or her law school experience, Wallace said, "Law students should learn to be systematic in their approach to the legal problems and questions they are confronted with, and realize that there are no simplistic answers to these problems."

ALLEGHENY COUNTY DEATH PENALTY PROJECT CONTINUES

The Allegheny County Death Penalty Project which was initiated in the Spring of 1981 by Bruce Ledewitz, Assistant Professor of Law, will continue its work this fall after having the opportunity to show its usefulness in several cases during the summer.

The project which is made up of faculty and students at Duquesne, operates in cooperation with Lester Nauhaus, Public Defender of Allegheny County and conducts research, prepares briefs and generally gives whatever assistance is requested in the conduct of trials in death penalty cases.

The project does not oppose the death penalty as such; it does represent an attempt, however, to enhance the fairness with which the legal system administers that penalty. Part of the popular dissatisfaction with the death penalty stems from the perception that it is imposed disproportionately upon those persons who lack resources to defend themselves adequately. Though million-dollar defense efforts do occur in some criminal law contexts, such as antitrust cases or prosecutions of public officials, such efforts are rare at trials for murder. The absence of such extraordinary efforts in a death penalty case is particularly disturbing because, given the natural reluctance of juries to return the death penalty, there is some chance of avoiding capital punishment in almost every case.

Each death penalty case presents unique factual and legal issues that should take months of preparation.

Despite the necessity of extensive preparation for death penalty cases, the dedicated lawyers who handle these cases usually are unable to mount such efforts. The office of Public Defender of Allegheny County cannot put aside its large case load in order to prepare one death penalty case. Even if that were possible, the office would be likely to have other death penalty cases pending at the same time. Thus the Public Defender's Office, which is in the best pqsition to handle death penalty cases due to its size, talent and experience is not able to devote its (continued on page 10)

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Juris Interview: F. Scott Seiler Interviews Architect James Gerard Introduction Mr. James Gerard of Gerard Associates is the architect who designed the plans for the new law school building. The Pittsburgh based firm, founded by his father, Edwin J. Gerard in 1959, was responsible for the design and renovation of many other buildings on the Duquesne University campus. The most notable of these is the award-winning Library Resources Center. Mr. Gerard holds a Bachelor of Arts degree in Architecture from Carnegie Institute of Technology.

In comparison to the law school's present physical plant, which consists of the sixth through tenth floors in Rockwell Hall, the new structure will represent approximately a 50% increase in raw square footage. The administrative area of the new building will remain the same in terms of overall area. The area set aside for the faculty offices, based on f igures developed before additional offices were added in Rockwell Hall last year, grew about 113%. The size of the student lounge will be increased 20%, student organizations about 5% and classroom space by approximately 59%. The library in the new building in terms of square footage, will be about 118% larger than at present and volume capacity should increase approximately 44%, or to 130,000 volumes.

Juris: Do you have a basic philosophy of architectural design?

Gerard: Well, my personal philosophy is that the plan and the function of the building is the most important part. It is the part that makes the building work or not work. The second part, and this influences how people use the building, is how the interior is finished. There have been a lot of studies done about the psychology of colors and so forth.

There are some colors that make people feel uneasy while other colors make them feel relaxed and make it a nice place to be. 1 think a good exam-

8

pie is the Library Resources Center across the street. The number of patrons doubled when the new building opened and I feel very strongly that it was because of the atmosphere that was created - the nice, quiet, relaxing atmosphere. The furniture and everything blends together: It is a nice place to be, I think There are various approaches to that. My personal feeling is that the space has to be warm and relaxing.

Other architects have taken an approach where the space is cold and sharp and while it is nice in many cases you don't have that relaxed feel-

ing. So that is really what we are hoping to achieve again in the Law School as, I think, we've done in the University Library Resources Center.

Juris: I know you have done the Library Resources Center and you're doing this project - both of which require renovation of older structures . Does your firm specialize in that type of work and have you done other projects similar to that around Pittsburgh?

Gerard: Well, there are other projects on campus that we've done. College Hall was a total renovation of an older structure where the School of Music was. We've done renovations in many of the other buildings up there. I wouldn't say that we've tried to specialize in that area but we have done a lot of work at Duquesne and Duquesne was fortunate enough to be blessed, I think, with a number of old, very adequate and sound structures that they were able to acquire and process so they could get some rather nice functional facilities at a substantial savings. I think there's a lot of money to be saved in the renovation and rehabilitation of old structures.

Juris: Does having to work with an existing structure inhibit your freedom of design in any way?

Gerard: Well, I don't know whether it inhibits it, it certainly provides some restrictions and forces you to go in certain directions. But sometimes that's one of the challenges that has to be met. We're used to doing that kind of work so I think it's not as difficult for us as it might be for people who build new buildings. At the same time, sometimes we think it might be nice to have a nice flat, wide-open site that you could do anything you want on, but that very seldom happens .

Juris: How were the various functions or uses of the building, number and size of classrooms and the size of the library, determined?

(conlinued on paRe 14)

Groundbreaking, Fundraising and Construction In early 1982, the Duquesne University School of Law will have a new home of its own on the bluff.

The beginning of construction on the new law school building was marked by a ground breaking ceremony held on June 22, 1981.

Those on hand included Pittsburgh Mayor Richard Caliguiri, University President Rev. Donald S. Nesti, University Chancellor Rev . Henry J .

McAnulty, "Strategies for a Second Century" vice-chairman W. Bruce Thomas, Chairman of the Duquesne University Board of Directors A. William Capone and Dean Ronald R. Davenport.

A great deal of recognition for making the new law facility a reality must be given to the "Strategies for a Second Century Law Campaign Committee" which is chaired by Gilbert J. Helwig, Esq . Mr. Helwig, L'48 is a partner with the law firm of Reed, Smith, Shaw and McClay and has accepted the responsibility of raising 4 million dollars for the new building; 3.1 million for construction expenses and $900,000 for furniture and office equipment. The other eleven members of the committee are: Robert M. Brown, Esq ., L'58; Kenneth P . Christman, Esq., L'38; Janice Connell, Esq., L'79; Thomas V. Fritz, Esq., L'64; Edward I. Goldberg, Esq ., L'31; Paul A. Manion, Esq ., L'67; Edward G. O'Connor, Esq., L'65; Clayton A. Sweeney, Esq., L'62 ; Frances O. Tennant,

Esq. , L'69; and Charles M. Thorp III, Esq., L'65.

According to Helwig, the fundraising efforts of the committee have been divided into three stages. In the first stage, each committee member chooses five names from a list of Duquesne law alumni personally and contacts these alumni for the purpose of soliciting their support as well as a monetary contribution to the fund drive. The second stage involves the solicitation of law firms and corporations located in the Greater Pittsburgh area. The goal of this stage is to have the law firm or corporation contribute funds toward a particular part of the law school facility such as the law library or the moot court room. Mr. Helwig stated that a plaque will be placed in the moot court room recognizing firms and corporations who have made contributions of $5,000 or more.

The third stage of the fund drive will be a phonethon whereby the committee will seek to establish a broadbased foundation consisting of small contributions from individuals.

Mr. Helwig stated that he hopes the campaign will have reached its goal by the end of 1981, noting that the Second Century Campaign has thus far been successful in its solicitation of corporate contributions.

According to Mr. Helwig, the overall philosophy behind the campaign is to "pay back the University for what it has given to the community in the

past, and to help others, including future generation law students at Duquesne."

CONSTRUCTION

The Massaro Corporation, of Pittsburgh was selected as the general contractor for the construction of the new law facility. According to project manager Eric Lytle, the anticipated date of completion of the structure was originally August, 1982. However, the construction has been progressing so well that Lytle currentlyexpects the project to be completed by the end of March, 1982. Mr. Lytle stated that at the present time the interiors of the existing buildings have been demolished and the interior partitions are presently being constructed. Also well underway is the installation of the electrical system which is being performed by Hanlon Electric Company as well as the plumbing for which Zangrille Plumbing Company is the prime contractor.

Additionally, on the exterior of the existing structure, the brick veneer is nearly complete. (See accompanying photographs.)

With respect to the new addition to the existing structure, Lytle stated that the concrete footers have been poured and the masonry work required for the steel support beams has been completed. Mr. Lytle also praised Jim Gerard of Gerard Associates, for the manner in which the building was designed, stating that in his opinion, Mr. Gerard's utilization of the existing structure in conjunction with the new addition provided an excellent overall concept in architectural design . â&#x20AC;˘ 9

DEATH PENALTY PROJECT

DUQUESNE LAW SCHOOL ENTERS COMPUTER AGE

(continued from page 7)

scarce resources so singlemindedly.

The plight of appointed counsel is even more difficult. In addition to preparing the trial portion of the death penalty case, the attorney must become familiar with death penalty law in order to understand and raise complex constitutional and statutory challenges and to plan a strategy that will coordinate these legal challenges with the presentation of evidence in a particular case. All this must be done without adequate compensation. As a result, the resources for an outstanding defense simply are not available to the indigent defendant.

Those who participate in this project of amassing research and developing a death penalty litigation library receive no monetary remuneration. However, skills such as memorandum writing, legislative history research and operation of the lexis computer are developed. No minimum amount of time or experience is required to join the project.

Interested students or faculty who would like to have more information on this topic or care to contribute ideas or time are invited to contact Professor Ledewitz.

Computerized legal research was made available to the Duquesne University School of Law with the installation of a Lexis terminal last spring. Lexis is located on the eighth floor of the law library, to the right of the Circulation Desk.

Only Duquesne law school faculty, students, and librarians are permitted to use Lexis. First year law students are prohibited from using Lexis in order that they may first learn the traditional manner of legal research as taught in the first year Legal Research and Writing course. Because of the law school's contract with Lexis, the use of Lexis is strictly limited to research which is connected with the law school's educational program.

Law students must complete Lexis training at Duquesne or elsewhere in order to be eligible to use Lexis.

Katheen Dolegowski, Reader Services Librarian, is in charge of the training program at Duquesne, which began last summer and will continue throughout the school year. Each training session lasts approximately an hour and a half. Prior to the session, students are urged to read "A Primer" , a booklet published by

Lexis, which is available from the law library. Exercises developed by Head Librarian Frank Liu are used during the training program to teach the fundamentals of Lexis research. Beginning this fall, a Lexis simulator will also be utilized in the training program.

L

Student response has been very favorable to the Lexis training program. It has proven to be a valuable and informative addition to the law library and a must to be eligible to take advantage of the opportunity to use Lexis at Duquesne. Of the 127 students who have registered for (continued on page 13)

Juris Profile: Ann Brunner Assistant to the dean accepts new post Ask anyone who knew Ann Brunner and the position she held, and many if not all will tell you that she was a vital asset to the Law School.

After eleven years as the Assistant to Dean Ronald Davenport, Ms. Brunner resigned her position this past August and undertook a new post at Duquesne as the Administrative Assistant to Duquesne University President, Father Donald S. Nesti.

As the Assistant to the Dean, Ms. Brunner had many complex and diversified responsibilities. They included drafting correspondence and reports, analyzing financial matters, serving as the Recording Secretary for the faculty, as well as Office Manager and supervisor of the departments and student organizations. She was also in charge of Graduation and the Senior Dinner.

Ms. Brunner came to the Law School well qualified to do her job.

She had previously served as the Coordinator to the Academic Vice

10

President of Duquesne for five years during which she was responsible for coordinating eight schools, the university Librarian, Registrar and the Financial and Admissions Directors. When she resigned with the outgoing Vice President at that time, the Law School offered her what she feels was her most fulfilling and interesting position.

Dean Davenport speaks of his former Assistant as "highly disciplined and imaginative, cornpletely thorough, writes beautifully and works one hundred hours a day."

Her co-workers expressed a special camaraderie between them. These relationships were very reciprocal.

Ms. Brunner will in no way hesitate to speak of her high regard for the people she worked with.

Being very content and satisfied with her work at the Law School, Ms. Brunner had no intention of leaving despite the uncertainty of the new administration. "Knowing a job thor-

oughly, and feeling very competent in it, and going into a situation where I would be green, was one of the things that made me weigh the situation. But after I had my interview with Father Nesti, I felt it was a very challenging job offer that I should give a try."

Upon resigning the position of Assistant to the Dean, Ms. Brunner recommended to the Dean that because of the Administrative nature of her position, it should not be filled at this time. Presently, her responbilities have been distributed among the Administrative staff.

What will she miss most? "I'll miss the people most. In all the years that I've worked, I've never worked with a group of people that worked so well and cooperated so fully, and were so dedicated to their work as the staff we have there now - and the students, I'll miss the excitement of the students, also."

HaLarear M. Piper

Computer Assisted Legal Research I. LEXIS On April 13, 1981, a Lexis terminal was installed in the Law Library.

Lexis is one of the two major computer assisted legal research systems available in this country. Thus, along with the leading law school libraries, the Duquesne University School of Law Library has entered the computer age. Developed by Mead Data Central, Inc., Lexis is a full text information retrieval system. As such, a researcher may retrieve and view, or print out the complete text of a document at a Lexis terminal.

Advantage.

Instant Retrieval. The major advantage of Lexis, like other computer assisted information retrieval systems, is its capability for instant retrieval of relevant information from a massive collection of documents. For example, Lexis can retrieve relevant cases on a point of law from all federal jurisdictions or from all state appellate jurisdictions in a matter of seconds. The researcher may browse through the cases in abbreviated form or in full text, or have a list of citations displayed.

Expanded Search Terminology. In order to search relevant cases or statutory provisions or rules or regulations in Lexis, a researcher need not be confined to using the predetermined terminology, such as those in digest or indexes, as search words. A researcher may use as search words, any words or groups of words that he or she believes to be in the text of the documents to be retrieved. This feature is useful for retrieving documents which contain words that have not been, or will never be, in digests or indexes . Examples are cases which deal with new concepts or new factual situations or cases dealing with peculiar or unusual circumstances. Very often, a researcher, having failed to find any relevant cases after an exhaustive search in the manual research tools, is able to find one or two cases on point. Sometimes, these one or two cases may change the balance of the argument.

Expanded Search Variables. Lexis contains many pre-programmed search variables that have not been systematically indexed or digested in the manual research tools: (A) By inputting the name of a judge in a specially worded search

by Frank Ylnlng Llu Law Librarian

request, one can retrieve from Lexis the majority opinions or concurring opinions or dissenting opinions or all of the opinions written by that judge. One can further limit the search by date or by subject matter. This feature is helpful to students of law in studying legal thoughts of individual judges, or to practitioners in discerning individual judges' judicial inclinations.

Using the manual research tools, this would be almost an impossible task.

(B) A researcher can limit his or her search for cases to those of a particular court. This feature is significant in searching for cases decided by federal courts. For example, one can limit one's search to a specific circuit or district court.

(C) In cases where names of counsel form part of the text, Lexis can retrieve those cases represented by a particular attorney. This feature may be helpful to students in job interviews, or to practitioners in assessing the potential of opposing attorneys.

(D) Other pre-programmed variables for searching for cases include name, citation, date, docket number, and in some cases, appealstatement, footnote, argued-date, etc.

(E) By using a combination of partial information of several variables, a researcher can retrieve cases that cannot be easily retrieved from the manual research tools.

For example, if one knows vaguely the name of one party, the approximate date around which the case was decided, and the subject matter, chances are that one will find

this case in Lexis without much difficulty.

Shepardizing. Lexis can be used to "shepardize" cases in two ways.

First, by using the name and citation of a case as search words, a researcher can retrieve any case that has cited this case. The advantage of this approach is that one is not restricted by the interpretation of Shepard's editors. On the other hand, the relationship between a cited case and a citing case is not obvious. The researcher must make the determination by actually looking into the text of the citing case. However, a good lawyer always does this anyway. The second approach is to use Auto-Cite.

Auto-Cite is a separate data base developed by Lawyers Co-operative Publishing Co . Through contractual arrangement, it is made available to Lexis users . Auto-Cite verifies the accuracy of the citation one transmits, gives parallel citations to that case, and cites any case that directly affects its validity as precedent. The use of Auto-Cite is significant as it has been found that important cases were omitted by Shepard's citators but picked up by Auto-Cite. Auto-Cite does not list citing cases that do not directly affect the cited case. It is reported that the complete Shepard's case citation data base will be available through Lexis soon.

Lexis can also be used for tracing the judicial treatment of statutory provisions, or administrative rules and regulations or articles in legal periodicals . However, its capability for tracing statutory development is limited because its data base in that area is limited.

Unreported Opinions. Lexis collects federal judicial opinions directly from the courts. By January, 1981, it accumulated over 13,000 slip opinions of federal district courts that have not been, and probably will never be, published in Federal Supplement. Federal courts have cited unreported opinions available in Lexis. Thus, Lexis gives its users an advantage in access to unreported federal decisions that can be used as sources of authority.

Currentness. The opinions of the Supreme Court of the United States will normally appear in Lexis within seventy-two hours after the decision is rendered . The opinions of other courts will appear in Lexis between 11

three to five weeks. Therefore, Lexis is more current than most of the advance sheets.

Conclusion. Undoubtedly, Lexis has considerably broadened the horizon of legal research. Many research tasks which are time consuming or impossible to undertake through the traditional research methods, can now be accomplished through Lexis with some ease. This is especially true in the areas of statistical analysis of judicial opinions, study of legal thoughts of individual judges or courts, and tracing the development of judicial doctrines.

Limitation.

It should be pointed out and emphasized that Lexis or any other existing computer assisted legal research system does not, at the present time, replace manual research systems; rather, it supplements them.

The success of a Lexis search largely depends upon whether or not a search request is properly formulated. Proper formulation of a search request entails the selection of relevant search words and the logical arrangement of the order of these words. If-a search request is not properly formulated, important cases may be lost in the search. Therefore, Lexis can be best utilized by a researcher who is knowledgeable in the field of law in which he or she is researching.

For a novice in a field of law, one should start the research in the manual research systems. When the manual research is completed, then Lexis can be used for retrieving difficult cases or for verification.

Cases in Lexis' system are not hierarchically arranged. Therefore, a researcher will search in vain for an overview of judicial opinions in an area of law. By the same token, Lexis is less useful in searching for cases interpreting broad legal concepts which are subject to a variety of application such as due process, freedom of religion, or cruel and unusual punishment, etc. Lexis is best in searching for documents, the particulars of which are precise and unique. This is why manual digests or indexes are still essential for legal research.

However, this limitation may be viewed as a limitation of data base rather than an inherent limitation of search capability. Westlaw, the other major computer assisted legal research system, has the American Digest System within its data base.

Thus, a researcher can search in12

dividual cases as well as view the relevant cases hierarchically arranged.

At the present time, the commercial rates for Lexis or Westlaw services are probably too high to be cost effective for a solo practitioner or a small law firm. However, there seem to be a growing number of small law firms that do subscribe to Lexis or Westlaw. Joint subscription by a group of attorneys or firms can certainly reduce the costs.

Lexis probably will never be able to input all of the primary sources of law into its data base. Presently, there are only a few state statutes, no state rules or regulations, and no state cases for district court levels. For example, for the state of Pennsylvania, Lexis only has cases from the Supreme Court (1955-present), the Superior Court (1955-present), and the Commonwealth Court (1970present).

The federal courts have had access to Lexis since 1976. A search of Lexis federal case files turned up twentyseven cases in which the term "Lexis" was mentioned. An analysis of these cases shows that the court has used Lexis (1) as a source of authority for unreported opinions,2 (2) to find cases that could not be found through manual methods,3 (3) to verify the existence or non-existence of relevant cases,' (4) to trace the involvement of a litigant in past law suits,' and (5) to make statistical analysis of past decisions. 6 There are a total of three state appellate cases in which Lexis is mentioned in the text. Two are from the Missouri Supreme Court,7 and one is from the Ohio Supreme Court. 8 In all three cases, the court used Lexis to trace the usage of a term or terms in cases or statutes.

U.e of Le.l. and It. Effect

Westlaw, developed by West Publishing Co. is the other major computer assisted legal research system available in this country.

Westlaw is also a full text information retrieval system, although it started out as containing only head notes in its case files. It is generally agreed that, as far as the ease of use and search capability are concerned, Westlaw is totally competitive with Lexis. However, as can be seen from the table entitled, "A Comparison Between Lexis and Westlaw," the depth and breadth of Westlaw's data base is considerably behind that of Lexis. However, at the present time, Westlaw does have an advantage over Lexis by having the American Digest System and the Shepard's case citators in its data base. A Westlaw user can search cases by West Key numbers and shepardize cases online.

Westlaw has not been widely used in law schools because it has not given law schools the kind of attractive discount charges that Lexis has. Some law school libraries with strong financial resources have subscribed to both Lexis and Westlaw.

There are over one thousand Lexis subscribers in the country. Subscribers include the leading law schools, major law firms, an increasing number of medium to small law firms, legal departments of major corporations and federal government agencies, federal courts, a growing number of state appellate courts, and some public law libraries such as the bar association law libraries or the county law libraries.

Over one hundred thirty law schools have subscribed to Lexis.

Each school has some form of student training program. At Duquesne, a student training program has been in operation since June 8, 1981. Many law schools have treated Lexis training as an integral part of the legal research and writing course. As a result, there is a new generation of lawyers who are accustomed to using a computer assisted legal research system as part of their legal research routines.

Several law firms which have analyzed the use of Lexis within their firms believe that, "the computer will provide research benefits not otherwise obtainable, adding to the quality as well as quantity of research being produced by a law firm." I Two years ago, Mead Data Central, Inc. began to market to law firms a desk top personal terminal called UBIQ. It was reported that some law firms had installed this terminal on the desk top of each attorney in the firm.

II. WESTLAW

III. LAW RELATED COMPUTER ASSISTED INFORMATION RETRIEVAL SYSTEMS Prior to and parallel with the development of computer assisted legal research systems, is the develop-

ment of similar systems in other disciplines. As of June, 1981, there were more than one hundred thirty five on-line data-base services providing access to over eight hundred separate databases. Depending upon one's definition, from fifty to one hundred fifty of these data-bases can be seen relating to legal information. 9 The subject matters of these databases include accounting, agriculture, banking, biography, business administration, chemistry, child abuse, congressional information, corporate disclosure, criminal justice, economics, education, energy, environment, food, housing, industrial relations, insurance, medicine, mental health, patents, statistics, stocks and bonds, trade, newspapers and magazines.

The most significant law related data base is Legal Resource Index which has been marketed by Information Access Co. of Menlo Park, California since January, 1980. This index provides cover-to-cover indexing of over six hundred sixty key law journals and five law newspapers, plus legal monographs and government publications from the Library of Congress MARC database. The database is updated monthly and is also available on microfilm. Duquesne Law Library has the microfilm edition. This database has virtually replaced the poorly indexed Index to Legal Periodicals which is still in print.

Since searching for fast, accurate and relevant law related information is often an integral part of legal research, the increasing use of these law related computer assisted information retrieval systems in law practice is an inevitable trend. It was reported that the firm of Paul, Weiss, Rifkind, Wharton, and Garrison, of New York City, has access to more than three-hundred law related or non-law databases; and use of these databases is part of its daily research routines. A number of law school libraries have subscribed to law related computer information systems in addition to Lexis and/or W estlaw. Two of the most prominent non-law computer information retrieval systems are Lockheed/Dialog Information Systems of Palo Alto, California, and Systems Development Corporation (SDC/Orbit) Search Service of Santa Monica, California.

IV. CONCLUSION Computers are a fact of modern life. Now, they are also a fact of modern legal research. In the years to come, we will see further expansion in the databases of existing computer information systems and the creation of new databases and new systems.

There will come a time when the use of computer assisted legal research systems will not only be beneficial, but also essential for the study or practice of law. Lawyers and law students should know the development of this new technology and take advantage of it. Law Librarians should keep them informed and help them to use these new tools wisely and effectively . •

FOOTNOTES Williams, Life in the Electric Library: Observations on Computer Assisted Legal Research I L.A. Law. No.5, 15, at 16. (1978) 2 Kenny v. Federal Bureau oj Investigation, 630 F. 2d. 114, 119 (2d. Cir. 1980); Lynch v. Maher, 507 F. Supp. 1268, 1275 (D. Conn.

1981); Securities & Ex. Comm'n v.

Miller, 495 F. Supp. 465, 467 n.2, (S.D.N.Y. 1980); J Cooper v. Johnson, C 76-0523-R, slip op. (Lexis p. 2, n. I) (E.D. Va. Oct. 7, 1977) • Holcomb v. United States, 543 F.2d 1185, 1188 (7th Cir. 1976); Helms v. Jones 21 F. 2d. 21l, 213, n. II, (5th Cir. 1980); Miller & Rhoads v. West, 442 F. Supp. 341, 343 (E.D. Va. 1977) > Church oj Scientology oj Cal. v.

Siegelman, 475 F. Supp. 950, 951 n. I (S.D.N.Y. 1979); Carter v.

Telectron Inc. 452 F. Supp. 944, 989 (S.D. Tex. 1977) 6 Husky Oil Co. v Department oj Energy, 477 F. Supp. 339, 349 (D. Wyo. 1978); see also cases in note 5. , Bank oj Crestwood v. Gravois Bank, (available in Lexis) (Mo. Sup. Ct. May II, 1981); State Ex Rei. McNary v. Stussie, 518 S.W. 2d. 630, 634 (Mo. Sup. Ct. 1974) • State Ex Rei. Grant v. Brown, 39 OhioSt.2d.112,118,313N.E.2d.

847,851 (1974) 9 American Association of Law Libraries, Convention Handbook, 42,58-68, (1981) I

NEW CAR REBATES (continued from page 4)

pre-rebate price of the automobile although the Commonwealth excludes the rebate from state income tax. For example, in the case of the sale of a $6,500 automobile with a $500 rebate, the purchaser will actually pay $6,000 and receive $500 of income free from federal tax. The manufacturer, on the other hand, obtains a business deduction of $500. If the sale is made in Pennsylvania, the purchaser is obligated to pay sales tax on the full sticker price of $6,500 but is not obligated to report the rebate as income.

What about rebates on purchasers of new foreign cars? The Pittsburgh District Office of the IRS points out that Revenue Ruling 76-96 simply addresses the issue of rebates and does not address the issue of foreign versus domestic manufactured automobiles.

A brief survey of Pittsburgh area foreign car dealers, however, demonstrates that as a practical matter, given the large volume of sales, rebates are not necessary. As a result, the impact of the Ruling is felt in the sales of American made automobiles.

COMPUTER ASSISTED LEGAL RESEARCH (continued from page 10)

Lexis training, 80 have thus far completed the program.

Lexis is available for student use only when the library is staffed. During the "prime time" of 2:00 P.M. to 5:00 P.M., Monday through Friday, Lexis is unavailable due to the blanket clause contained in all law school contracts with Lexis. A user's log is kept at the Circulation Desk, where any eligible user may reserve a thirty minute period of research time per day, twenty-four hours in advance. If demand warrants it, students may be limited to a weekly maximum research time of two hours.

When the terminal is not in use or in the event that a user does not appear within five minutes of the reserved time, Lexis then becomes available on a first-come, first-serve basis. The specific rules and policies concerning the use of Lexis at Duquesne Law School are available in the law library . • - Pamela Haywood 13

(continued from page 8)

Gerard: Well, that information all came by way of a series of interviews that were conducted. Through that series of meetings such things were defined as numbers and types of classrooms.

I don't know if you know anything about the history of the project but it actually began soon after the Library Resources Center was completed. We met with some students, all of the faculty members and we compiled their input into what we call a program. Basically this is a statement of what we were going to try to achieve in路 terms of raw numbers with a little bit of input as to some of the accouterments that might go within the spaces and that served as the planning document. . Of course, in the end all that has to fit within the context of the budget.

The budget is normally set by the Administration. I think we have satisfied most of the desires that were stated as far as the functional program goes and we stayed within, well within, the allotted construction budget.

Juris: What sort of budget were you given to work with?

Gerard: When the project started out, it was projected at 2.25 million dollars for construction and as time went on we up-dated the estimate with equipment which put it at 2.5 million and we were actually projecting about 3.5 million and the bids came in at 3.2 million. On top of that, you have cost of furnishings and that has been set at half a million dollars. I would expect that we will not need to spend quite that much money and still do a nice job.

Juris: You said you conducted interviews with the faculty and administration in planning the design of the Law School. Did you also look at other law schools to see how their facilities were designed?

Gerard: Well, we spent some time out at Pitt. Of course, they spent a lot more money back in those days than we have to spend right now . I think their cost was somewhere around 8 million dollars at the time. Of course, they have some rather rich finishes.

In spite of the fact we're spending less money, you have to remember that we have an existing structure so the comparison is not quite as drastic.

While not as big of a facility, we'n: going to have one that is on par with 14

what Pitt has.

Juris: What is the nature of the renovations being made to the existing structure?

Gerard: Well, the total existing building will be re-done to a large extent: new mechanical systems, lighting systems, new finishes while we retain most of the original building as wide open library space.

Some of the finishes will be changed and of course, we hope to do some nice things with color to tie it all together.

Juris: When should the work be finished?

Gerard: The contractor has set a rather ambitious schedule. We had programmed that the project would be finished in time for the September semester next year, actually we've stated August 15th. The contractor is projecting a completion date in the middle of March . I'm happy about that because that gives from March until August to buy the additional furniture and various items of equipment that are necessary. There shouldn't be any reason why the building shouldn't be open in time for classes.

Juris: Earlier, when discussing your outlook on what architectual design should try to achieve, you mentioned your ideas on interior design. Can you give us a little detail on what typ~s of materials wiJI be used?

Gerard: Well, all of the classrooms and the library will have carpeting.

Those areas that are subject to heavy traffic will have a resilient floor. In the new section we've brought the same brick that is used on the exterior inside, so what we're dealing with mostly on the new construction is some masonry finish and some painted dry wall. Also in the two large amphitheatre-type classrooms we'll carry out the brick theme on the interior and on the trims. We'll also have some wood latticework. I think those two rooms probably are going to be some of the nicer spaces on campus when they're finished.

Juris:' How about the exterior of the building?

Gerard: You may have noticed that the exterior is starting to shape up now and it's going to be a nice orange and brown brick that approximates the color of the brick used on the library and also, I think, makes a nice

transition between that building and some of the older buildings on campus. I think it's going to be a nice building when it's finished. It's going to be rather plain and simple, but it's going to echo some of the lines of the library.

Juris: I'd like to get more into the specifics of the building now. You stated that most of the existing structure, originally built as a library would continue as such. How is the new library going to be structured?

Gerard: Well, as you know, we have had a change in the personnel as far as the Head Librarian goes since the project was originally conceived.

Basically it is open space so it is flexible in that regard. Exactly how Mr. Liu will set up the library, I'm not sure. It was originally anticipated that the two floors in the original building would be basically faculty library because it was flanked on both sides by offices. I'm not sure whether that philosophy continues. I'm not sure the University can afford to have a faculty collection that is separate, so I think that it's probably going to be open but Mr. Liu and I have to sit down and discuss some of the more finite details.

Juris: Can you tell us about some of the special features you plan to incorporate into the library?

Gerard: The library of course has within it the faculty offices. We have rooms in the library for copy machines so that the noise from those machines is kept to a minimum. We have a smoking lounge on the lower level and toilet facilities on all levels of the library. We have five study rooms that are to be used for group study if students want to get together and discuss things or review their work. The Law Review office will be housed within the library also; it was noted that they require use of the collection at times. We also have three enclosed typing carrels. The uppermost floor of the library is the main entrance. The library - I might mention this - the way it took this form was to provide a way that the library could be completely closed off from the rest of the building so if the library was to operate on a separate schedule (a 24-hour basis for instance), the library itself could be open whereas the balance of the (continued on page 16)

ABA RELEASES NEW PUBLICATION ON CHILD SNATCHING AND LEGAL REMEDIES Child Snatching: The Legal Response to the Abduction of Children, analyzes the problem of parental kidnapping of children in the United States during separation and after divorce and examines the legal remedies available to parents.

Written by Sanford N. Katz, professor at Boston College Law School and published by the American Bar Association Section on Family Law, the book examines in detail the Uniform Child Custody Jurisdiction Act, the "most important legal deterrent to kidnapping." Cases decided under the Act are analyzed, interpreted, and compared with one another. Because the Act itself is fairly new, most interpretations are quite recent.

The overview of the Act includes a discussion of its background, purposes, due process requirements and procedural aspects as well as its weaknesses in placing a great amount of discretion with the trial judge in a custody case, providing no direct remedies, and failing to require interstate cooperation.

The chapter on jurisdiction notes that, under the Act, a single state should have primary responsibility for any given custody case, and jurisdiction should be shifted to another state only under certain circumstances.

The author also examines the interpretation of the "full faith and credit clause" of the Constitution and the principle of comity recognition under the Act. The final chapter analyzes various historical remedies as well as current remedial approaches such as criminal sanctions, tort liability, civil contempt, and writ of habeus corpus, and reviews the Parental Kidnapping Prevention Act of 1980.

Included are tables of jurisdictions and relevant criminal statutes, as well as an extensive bibliography .

Child Snatching, priced at $15 for members of the Family Law Section and $19 for non-members, may be purchased from the ABA Circulation Department, 1155 E. 60th St., Chicago, Ill. 60637. Add $1 handling charge for each order. •

ABA PUBLISHES VOLUME ON INTERNATIONAL ESTATE PLANNING - The American Bar Association has published a comprehensive volume on the legal aspects of international estate planning for Americans investing abroad and foreigners investing in the United States.

Current Legal Aspects of International Estate Planning, is a collection of 25 articles that first were written for an ABA continuing education program held in October, 1980 and jointly sponsored by the ABA Sections of Real Property, Probate, and Trust Law and International Law in cooperation with The International Academy of Estate and Trust Law and The American College of Probate Counsel.

Revised and supplemented for publication, the articles cover all aspects of the multi-disciplinary subject of international estate planning such as probate, trust, property, insurance, tax, conflict of laws, and private international law.

Specific topics include foreign and domestic taxation policies for foreign investors, investor transfers, fiduciary management of accounts, legal rights and restrictions, wills and will substitutes, and legal structures.

The volume also discusses pertinent treaties, decisions and conventions, and includes sample wills and trust agreements.

The book was edited by Robert A. Hendrickson, Coudert Brothers, New York City, who served as chairman of the ABA education program and has written numerous articles for legal periodicals on the subject of international estate planning, and William K. Stevens, McDermott, Will & Emery, Chicago, who is the author of "Illinois Estate Administration."

The 450-page book is priced at $35 plus $1 handling charge and may be ordered from the American Bar Association, Order Billing 543, 1155 East 60th Street, Chicago, Ill. 60637.

•

Duquesne Students Attend ABAILSD Convention The annual American Bar Association/Law Student Division meeting was held in New Orleans this past August. Representing the Duquesne University School of Law were

Charles Holsworth (3 D) and Clint Smith (3D). The meeting, held in conjunction with the American Bar Association National Conference, was highlighted with the addresses of keynote speakers Vice-President George Bush, Secretary of State Alexander Haig and Attorney General William French Smith. A reception was later hosted by the Dean of the Temple University School of Law. During the Annual Luncheon, Holsworth was presented with the Silver Key Award for outstanding service within the Third Circuit. He also accepted the ABA/LSD Regional Award in the Newspaper Competition on behalf of the 1980-1981 Juris editorial board and staff.

The assembly acted upon various procedural resolutions induding: the right of law schools to deny admission because of the applicant's religious beliefs; the amendment pro- . cedures to the ABA/ LSD by-laws; the promotion of a free and open law student press; the adoption of uniform election procedures for ABA/LSD representatives and the promotion of a system of quality control and statistical comparison among bar review courses.

Holsworth is currently serving as the Lieutenant Governor of the Third Circuit for the 1981-1982 school year.

Lisa Bergunder is the current Duquesne Law School ABA/LSD Representative; Clint Smith is the alternate. The Third Circuit Student Representatives will convene in Philadelphia on October 30, 1981 at the University of Pennsylvania School of Law. In conjunction with the ABA/LSD meeting, Holsworth also attended the annual conference of the National Association of Student Bar Associations. At this conference, the membership elected association officers for the coming year and voted to change the name of the organization to the National Student Bar Association (NSBA).

Workshops provided a forum through which student representatives discussed fundraising techniques, probl~ms peculiar to evening division students, faculty evaluations and student publications.

•

People who lose their heads are usually the last to miss them.

15

Juris Interviews Gerard (continued from page 14)

building could be closed off and locked. We also have separate mechanical systems breaking it down between the library and the classrooms. The classrooms themselves in some cases have mechanical devices which will allow them to be shut down to conserve energy whenever the room might not be in use. The upper floor to the library of course contains the librarian's office and many administrative areas of the library and the circulation and reserve room.

Juris: One last thing on the library before we proceed. How about access for the handicapped? Will there be ramps, elevators?

Gerard: Well, there is one existing elevator. That will be primarily reserved for use of the library and the handicapped. In addition to that the building is really accessible on all levels by grade. It is not intended that entrances on all those levels be used for public access, but the possibility is there that if you had handicapped students, you could make arrangements for them to use those doors. So it's pretty flexible in that regard. Actually all four levels will have an ongrade entrance, and of course on the elevator you can get to any of the floors.

Juris: Now to the part of the building which is new construction, the first floor of which corresponds to the third floor of the library. What can we expect here?

Gerard: The main entrance faces across the street towards the U niversity Library Resources Center. Immediately upon entering a rather wide corridor, to the right is the administrative complex which houses the Dean's office, Placement director, Registrar, General office and, of course, all the secretaries. Across the main corridor from that are the two large amphitheater-type classrooms.

They are tiered and essentially twostory spaces so they are going to be somewhat monumental in character; they will be equipped to handle audio-visual presentations. We have a projection room which actually serves both rooms and we will have an electrically operated screen and black board combination in front of the room. The plan right now is to have fixed seating with long tables. The

chairs will project out from the base of the tables.

Juris: Before we proceed further, what is the estimated seating capacity of these classrooms?

Gerard: 120 in each classroom. At the end of the main entrance corridor is a stairway which goes up to the fourth level which we call the third floor.

That stairway will be a wide open stairway with a skylight at the top making, I think, for an inviting transition between floors. Between the stairway and Library are located the student lounge and locker areas.

It's set up so that, too, can be worked in conjunction with the library. The block-off point is actually between the student lounge and the administrative and classroom space so, if the library operates on a 24 hour basis, the lockers and the student lounge area will be available to those who use the library. The other major area on that floor is the Student Organizations area. In that, we have some interview rooms for use by the Placement director so that companies can interview potential employees privately. We have two private student association offices, one for Juris, one for the Student Bar Association and the rest of the area is wide open. Actually there is one central meeting room and there are small cubicles set up for the other smaller student organizations. That meeting room too, I think, is going to have a skylight so it will be naturally lit.

That area is essentially underground so that skylight will provide a kind of

natural lighting for the student organizations offices.

Juris: Now as we move up to the fourth level, or third floor as you referred to it, what will it house?

Gerard: This level matches the academic walk so it's accessible to the main campus by means of the walk.

At the entrance will be a little plaza area with some planters and a skylight that lights the student organizations below. And on that floor we have the moot court, three seminar rooms and two large classrooms, one of which accommodates 80 or 100 and the other one 60. The moot court is divisible also into two classrooms.

The courtroom section itself plus the classroom space will accommodate 180 people. The court accommodates roughly 25 and that can be closed by means of an electrically operated partition. The back part can be used as a classroom and the front part as a courtroom, or it can be opened so that you can have a large audience to watch the proceedings.

Juris: One last question. The Law School currently has about 700 students. Will the new facility provide for expansion?

Gerard: No. It was not planned for growth. I think that was the first thing that was stated. It was not planned to increase the number of students but rather to give the current students at Duquesne adequate facilities.

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