Quinnipiac Law Magazine Fall 2011 by Quinnipiac University

QUINNIPIAC•LAW QUINNIPIAC UNIVERSITY SCHOOL OF LAW MAGAZINE

FALL 2011

QUINNIPIAC•LAW Fall 2011 • Volume 17 • Number 2

CONTENTS

Features

Departments

THE GREAT ESCAPE

In the hallways of the New Haven Courthouse, Brendan Holt ’06 offers parties entangled in bitter disputes a way out of court.

TOP GUN

Third-year student and former U.S. Army Ranger sniper Ryan Cleckner was featured as a trainer on “Top Shot,” a History Channel series.

SCHOLARSHIP HONORED

24 On the cover: Lawyers who use it say mediation can be more efficient, more satisfying, and less expensive than lengthy litigation. It also can save relationships. Left photo: From left, Kelly Hackett, Kelly McKeon and Sarah Gruber adapt to their new environment during School of Law orientation in late August. Photo John Hassett

Faculty Focus

Book Shelf

Student Spotlight

Alumni Notes & Profiles

In Closing

22 Making Connections

Dean Brad Saxton has named professors Jennifer Gerarda Brown and David Rosettenstein as the new Carmen Tortora Sr. Professors of Law. They were chosen for their commitment to scholarship and their dedication to teaching.

STAYING POWER

QULaw Briefs

Events Calendar

IBC OBC

Alumni discuss ICE’s recent attempts to cool deportation hearings of model immigrants.

Vice President for Public Affairs Lynn Mosher Bushnell Editor Janet Waldman, MS ’09

Manager of Photographic Services Mark Stanczak Photography • John Hassett, Robert Lisak, Stan Godlewski, Tori Soper, Gale Zucker

Director of Publications & Design Thea A. Moritz Assistant Editor Alejandra Navarro Senior Graphic Designer Cynthia Greco Contributors • Jamie DeLoma ’06, MS ’11, Maureen Farrell, MS ’06, Elizabeth Ganga, Rhea Hirshman, John Pettit, MS ’99, Donna Pintek, Nellie Scoble

The Quinnipiac University School of Law magazine is published twice a year by the Public Affairs office of Quinnipiac University for alumni and friends of the law school. Visit us on the Web at http://law.quinnipiac.edu. Publication and editorial offices are located at the Development and Public Affairs Building, Quinnipiac University, 275 Mount Carmel Avenue, Hamden, CT 06518-1908.

Quinnipiac University admits students of any race, color, creed, gender, age, sexual orientation, national or ethnic origin, and disability status to all the rights, privileges, programs and activities generally accorded or made available to students at the school. Quinnipiac University does not discriminate in these areas in the administration of its educational policies, scholarship and loan programs, and athletic and other school-administered programs.

Cert no. SW-COC-002556

FALL 2011 • QUINNIPIAC LAW

QULAW•BRIEFS Law school greets 123 students

lumni on hand at the late August orientation sessions advised the 123 incoming students to view their law career as beginning on their first day of school, not on their last. Carmine Perri ’05, Sylvia Rutkowska ’08, and Tushar Shah, JD/MBA ’07, spoke at a session titled, “If I’d Only Known Then.” Shah, an associate at Fazzano & Tomasiewicz in Hartford, noted that Facebook stores photos, even untagged or deleted ones, for many years after they are posted. “Make sure what’s out there on social media sites is the persona you want to project,” he said, adding that he has seen job candidates go to the bottom of the pile because of boozy vacation shots. Perri, with Bishop, Jackson & Kelly in Milford, Conn., advised the new students to exercise discretion in law school. He told a story about representing an important client who later

New first-year students take the professional oath. 2

QUINNIPIAC LAW • FALL 2011

informed him that Perri had been in his daughter’s law school class. “You never know who you will meet later,” he said. Rutkowska, with Dzialo, Pickett & Allen in Middletown, Conn., said the people she met in law school are now her colleagues, and often, they give her client referrals. “This translates to money coming in the door. I didn’t realize how much law school connections matter,” she said. The students were advised to treat law school as on-the-job training. “No longer is it enough to be an A student,” said Rutkowska. People with real experience gleaned from externships and clinics are the most desirable job candidates, she added. Student questions revolved around the length of time it might take to find a job, and where the hot areas were. Bankruptcy and elder law were two the panelists mentioned. During orientation, students learned what it will take to succeed financially and academically, enjoyed a dean’s reception and picnic, and were administered the professional oath by Bernadette Conway ’85, a Connecticut Superior Court justice. Musicians, artists, bankers, teachers, scientists, journalists, soldiers and business owners are among the members of this diverse new class that represents 21 states and seven foreign countries, including Algeria, Burma, Dominican Republic, England, Jamaica, Korea and Malaysia. They speak 18 foreign languages and dialects and have worked, traveled or studied abroad in 28 different countries.

Darryn Sterling questions a fellow Freshman Academy student playing the role of Galileo.

TRIO GUILTY AS CHARGED Students from the Freshman Academy at James Hillhouse High School in New Haven put three prominent Renaissance figures on trial in June in the Grand Courtroom of the School of Law. Professor John Thomas visited the students at Hillhouse during the semester to coach them in lawyering techniques. Students researched the lives—and deaths—of the three defendants and then wrote scripts for their teams that role-played the parts of Thomas More, Galileo Galilei and Martin Luther, as well as prosecuting and defense attorneys and judges. Although the defendants’ convictions have been preordained by history, the students determined other aspects of the trials. Prosecutors searched historical writings for evidence of culpability while defense counsel sought exculpatory information. Thomas said the program aims to energize the history curriculum by allowing the students to study history in a novel fashion, and it sparks interest in higher education (including law school). “These kids did a great job, learned a lot, gained an appreciation for our system of justice, and had fun. I commend them and their teachers, especially lead teacher David Goldblum, for their efforts,” Thomas added.

Justice emphasizes civility in Commencement speech

he key to a successful and meaningful law practice is civility. That was the message that Justice Flemming L. Norcott Jr. of the Connecticut Supreme Court delivered to School of Law graduates during the Commencement ceremony May 15 on the York Hill Campus. “Our profession stands for civility and leadership in the quest to find solutions to problems,” Norcott told the 134 law graduates. “We need to maintain civility in our debate over complex issues.” He urged graduates to treat clients and colleagues with dignity and respect at all times, quoting the Dalai Lama: “Be kind whenever possible. It is always possible.” Norcott told the crowd assembled in the TD Bank Sports Center that Quinnipiac School of Law students and graduates are among the best he has encountered in his 33-year career. He recognized graduate Kate Casaubon, who will work as a clerk for Norcott following graduation. Norcott received an honorary degree from Quinnipiac. Law professor Alexander Meiklejohn, voted “Professor of the Year” by the Class of 2011, expressed confidence in the graduates, reflecting on their journey from first-year students during orientation to graduates. Brad Saxton, dean of the School of Law, spoke of the challenging job market graduates face, offering encouragement to those still figuring out career plans. Saxton told graduates that many recent law school alumni try out several professional avenues before finding their ideal jobs. “Be patient and develop opportunities,” he said. One graduate, Darren Pruslow, is following that advice. He enrolled in law school after a teaching career with the ambition to pursue public interest law.

Besides taking bar exams this summer, he participated in a two-week service trip to Nicaragua with a group of fellow students from the International Human Rights Law Society. The group planned to explore prisoners’ rights, fair elections and criminal procedure. Classmate Andrew MarchantShapiro, who came to Quinnipiac with his family from Wisconsin, said he especially enjoyed his classes in alternative dispute resolution. He is a legal assistant at Kern & Hillman, LLC, in New York. Kelly Obermeier, president of the Student Bar Association, spoke about the notable fundraising for charity, scholarship, service work and accomplish-

SHORTS

ments of her class. She urged fellow classmates to continue to exceed expectations and to give back. She noted that her class raised a total of $52,200 for the Public Interest Law Project and more than $4,000 for the Wounded Warrior Project, among other causes. “Students in our graduating class worked on three journals to publish 20 editions, with over 200 articles, and 10 members of our graduating class had their work published,” she said.

Civil rights addressed — More than 200 members of law enforcement, government and community organizations attended the 2011 Civil Rights Conference for the District of Connecticut in March in the School of Law Center. The event featured presentations by Connecticut Gov. Dannel Malloy; Thomas E. Perez, assistant attorney general for civil rights; and U.S. Attorney David B. Fein.

Gov. Dannel Malloy

Sponsored by the U.S. Attorney’s Office, the conference featured breakout sessions on human trafficking and child exploitation, voting rights, fair housing and credit, and police misconduct, among other topics. Alumni on board — Three members recently were elected to the School of Law Alumni Association Executive Board. They are: Joseph “Jay” Arcata II ’05; Allison M. DePaola ’08; and Amy S. Mangione ’08.

From top: Connecticut Supreme Court Justice Flemming Norcott Jr. addresses law graduates; Professor of the Year Alexander Meiklejohn hoods Angelo Auteri. Raffaele Petrazzuoli celebrates with Jane Ballerini ’10; Kelly Obermeier praised the class for its fund-raising efforts.

Tax clinic grant — The Internal Revenue awarded $75,000 to the School of Law’s low-income taxpayer clinic. The clinic represents low-income taxpayers in federal tax controversies with the IRS for free or for a nominal charge and can provide tax education and outreach for taxpayers who speak English as a second language.

FALL 2011 • QUINNIPIAC LAW

FACULTY•FOCUS Kevin Barry

Jeffrey Cooper

Neal Feigenson

Associate Professor PUBLICATIONS

Professor

Professor PUBLICATIONS

“Toward Universalism: What the ADA Amendments Act of 2008 Can and Can’t Do for Disability Rights,” Journal of Employment and Labor Law, University of California, Berkeley School of Law, Vol. 31(2), (2011).

Jennifer Gerarda Brown Professor PUBLICATIONS E-Marriage: “DotCom” or “Dot-Org”?, Michigan State Law Review (forthcoming October 2011). In April, Brown presented “Getting Our Students in the Ring: Value Claiming as Empowerment” as a panel participant at the American Bar Association Section of Dispute Resolution annual meeting. She also served as moderator for a seminar in May 2011 sponsored by the Connecticut Bar Association Section of Dispute Resolution titled, “An Arbitration Grand Slam, Reestablishing the Goals for Quicker, Cheaper, Better Protocols for Corporate and Transactional Counsel.”

Frederick Tseshyang Chen Professor Emeritus In May 2011, Chen served as a discussant at the “International Frederick Conference on the Rule of Law in China” in Hangzhou, China. In August, he gave a presentation on American law to 25 judges from Xinjiang, China, who were visiting the Henry C. Lee Institute of Forensic Science, University of New Haven.

QUINNIPIAC LAW • FALL 2011

Cooper was appointed by Connecticut’s Probate Court administrator to sit on the Probate Practice Book Advisory Committee. He also was elected an Academic Fellow of the American College of Trust and Estate Counsel.

Susan R. Dailey Associate Professor of Legal Writing In June 2011, Dailey gave a presentation at the Association of Legal Writing Directors conference in Sacramento, Calif., titled, “Teaching for Lifelong Learning: Learning Portfolios for Integrating the Curriculum and Enriching the Learning Experience.” She also gave a presentation in July 2011 at the Applied Legal Storytelling Conference in Denver titled, “Teaching Narrative Theory Through Clint Eastwood’s ‘Gran Torino.’”

William Dunlap Professor PUBLICATIONS “Courts Unlikely to Weigh in on Libya Conflict,” op-ed in the Connecticut Law Tribune, Aug. 8, 2011. Dunlap was the moderator of a worldwide teleconference exploring the extradition of Ratko Mladić and Goran Hadžić to the International Criminal Tribunal for the Former Yugoslavia. The July 21 program was sponsored by the International Human Rights Committee of the American Bar Association’s Section on International Law. He discussed “International Law and Homeland Security” during a University-wide symposium commemorating 9/11.

“Visual Technologies in Court,” Japanese Journal of Law and Psychology, Vol. 10(1), pgs. 62-73 (2011). “Age and Disability Biases in Pediatric Resuscitation among Future Physicians,” Rocksheng Zhong, Joshua Knobe, Neal Feigenson & Mark Mercurio, Clinical Pediatrics, DOI: 10.1177/0009922811410053 (2011). “The Brain Sciences in the Courtroom” (symposium contribution), Mercer Law Review, Vol. 62, pgs. 797-804 (2011). Feigenson presented “Enhancing Advocacy through Visual Displays: An Overview,” at the New York City Office of the Special Narcotics Prosecutor’s Legal Staff Conference, Tarrytown, N.Y., in May 2011.

Marilyn Ford Professor The U.S. Commission on Civil Rights has appointed Ford to its Connecticut Advisory Committee for a two-year term. Advisory committees in all states and the District of Columbia receive reports, suggestions and recommendations from individuals, public and private organizations, and public officials, and forward advice and recommendations to the commission.

Jane Grossman Adjunct professor Grossman ’98 was appointed by Connecticut Gov. Dannel Malloy to a three-year term as a family support magistrate. Prior to this appointment, she was a longtime staff attorney for New Haven

Legal Assistance and has served in numerous capacities for the courts and advisory boards concerning the legal needs of low-income families. Magistrates decide cases involving child support, alimony, visitation and paternity.

Carolyn Wilkes Kaas Associate Professor Kaas was appointed to the Connecticut Chief Justice’s Commission on Civil ADR in the Courts. She presented classes at Mediation Training for Court Mediators in Citrus County, Fla., in April on ethics, new developments in mediation theory and practice, and cultural competence. She also presented “Integrating Professionalism in the Externship Program” at the National Institute for Teaching Ethics and Professionalism in Minneapolis in April; presented a non-defensive communication workshop to AmeriCorps fellows in Hartford in May; presented “Beyond Best Practices: Integrating Cultural Competence into the Law School Curriculum” at the AALS Clinical Legal Education Workshop in Seattle in June; and presented “Mediation Ethics” at the Straus Institute at Pepperdine University workshop in Malibu, Calif., in June. Kaas also attended two in-depth workshops in non-defensive communication as part of her research for an article chronicling the increasing use of these communication practices by lawyers and mediators. She continues to co-chair the committee on Connecticut mandatory training for child advocates in divorce and custody matters, hosted by the School of Law.

Martin Margulies Professor Emeritus PUBLICATIONS “Law and Terror Through the Ages: Rome, Ireland and Guantanamo Bay,” a book review for the forthcoming issue of Quinnipiac Law Review, Vol. 29(1), (2011). “Island Emigrants,” (a collection of essays, by various authors, about emigration from Scotland's Outer Hebrides over the centuries), a book review for the September/October (2011) issue of History Scotland magazine. Margulies is participating, in state court, in the defense of an individual who has been charged with incitement for posting a hyperbolic, disparaging Facebook message about a Connecticut political figure. Margulies was selected for inclusion in the 2012 edition of The Best Lawyers in America in the practice area litigation, First Amendment.

Linda Meyer Professor PUBLICATIONS “The Justice of Mercy,” University of Michigan Press (2010). The book makes the case for mercy in sentencing as an aspect of justice rather than a departure from it. In March, the book was the subject of a panel discussion at the Association for the Study of Law, Culture and Humanities meeting in Las Vegas. Meyers presented a paper in September at Amherst College on the 50th anniversary of the film, “To Kill a Mockingbird.”

David Rosettenstein Professor Rosettenstein presented two papers this year: last spring at the Association for Law Property and Society Conference at Georgetown University; and in July at the International Society of Family Law’s 14th World Conference in Lyon, France.

Sarah French Russell Assistant Professor Russell discussed the barriers facing individuals re-entering the community from Connecticut’s prisons and jails at a panel, “Poverty and the Law,” at the School of Law in March as part of Poverty Awareness Week.

John Thomas Professor PUBLICATIONS: “The Instruments of the Larson Brothers,” Grove Dictionary of American Music,” Oxford University Press (2011). “Eligibility for Services under the IDEA, ADA, and Related Statutes,” Encyclopedia of Autism Spectrum Disorders, Springer Press (2011). Also in that same publication: “Court Decisions,” “Beneficiary,” and “Cost of Care Liability.” “The Guitar Collection: A Heavyweight Tome Featuring the Most Notable Guitars Ever Made,” Fretboard Journal (2011). “Buddy Holly Is Alive and Well on Ganymede … and so is the Fretboard Journal,” Fretboard Journal (2011). “A Buddy Holly Moment in New York City: Ensuring that the Music Never Dies,” Fretboard Journal (2011). “From the Juke Joints of Mississippi to the Streets of Tokyo, the King of the Delta Blues Still Reigns,” Fretboard Journal (2011). “Recreating Buddy Holly’s Guitar,” Acoustic Guitar Magazine (April 2011) with Teja Gerken. “Buddy’s 1942 Gibson J-45,” Acoustic Guitar Magazine (April, 2011). “Running on Passion: Jackson Browne, Embedded on the Frontline with the Leader of the GuitarGeek Nation,” Fretboard Journal (2011). “From the Scrap Heap to Art of the Ages,” Fretboard Journal (2011).

Article targets rational basis review and same-sex relationships

he Washington Law Review published an article in May by Professor Robert Farrell titled, “The Two Versions of Rational Basis Review and Same-Sex Relationships.” The article focuses on a particular problem under rational basis review of the Equal Protection Clause and highlights this problem in the specific factual setting of same-sex relationships. Farrell points out that the rational basis standard of the Equal Protection Clause requires that a governmental classification be rationally related to a legitimate state interest. “In most cases, this is an exceedingly deferential standard that is usually tantamount to no review at all. Courts act deferentially in this model by hypothesizing the purpose behind a law and by requiring only a reasonably plausible connection between classification and purpose rather than an actual connection,” he said.

Occasionally, and without any explanation, the Supreme Court has used a more demanding version of rationality view that insists on finding the actual purpose of a governmental action and rules out certain purposes as impermissible. These two versions of rational basis review make it difficult to predict outcomes in future rational basis cases, according to Farrell. “This problem of unpredictability has been particularly acute in cases challenging laws that disadvantage persons engaged in same-sex relationships. My article examines this problem in three factual settings: state laws that define marriage as limited to a man and a woman; the United States military’s policy of excluding gays and lesbians from military service; and the federal Defense of Marriage Act, which limits federal recognition of marriage to opposite-sex couples,” Farrell said. To read the entire article, go to www.law.washington.edu/wlr.

COOPER ELECTED FELLOW

aw Professor Jeffrey A. Cooper was elected an Academic Fellow of the American College of Trust and Estate Counsel, a national professional organization of 2,700 lawyers who specialize in trusts and estates. Cooper’s election reflects his outstanding contributions to the field through his scholarship, teaching and professional activities. Cooper joined the School of Law faculty in 2006 after 13 years in legal practice. During the first phase of his career, he practiced trusts and estates law as a principal of a major Connecticut law firm and a vice president and senior estate planner of the United States Trust Company of New York. He also taught as an adjunct professor at both Quinnipiac School of Law and Yale Law School. His primary areas of teaching and scholarship include trusts and estates, estate planning, wealth transfer taxation, and trust investment management. His published works have touched upon a wide range of topics, from the history of U.S. estate taxation to modern conflicts in the management of trusts and estates.

FALL 2011 • QUINNIPIAC LAW

Following her

HEART Professor with bioethics background glows after day in classroom BY RHEA HIRSHMAN

JENNIFER HERBST THOUGHT she’d grow up to be a researcher who cured cancer. The new assistant professor of law majored in biochemistry and molecular biology at Dartmouth, with a minor in music. “But by the end of college, I understood that I wouldn’t be the next Marie Curie, Barbara McClintock or Rosalind Franklin,” says the Detroit-area native. “I had what science people would call ‘bad lab hands.’ I was terrible at tissue cultures and could inadvertently contaminate a petri dish from across the room.” Putting aside the idea of pursuing a PhD in biochemistry, Herbst spent her first two years after college with AmeriCorps teams in Alabama, Colorado, Florida, Georgia, Indiana, Nebraska and South Carolina; she worked on school-based literacy efforts, park ecosystem maintenance, historical preservation projects and Habitat for Humanity builds. “Whatever I was doing, people kept telling me that I thought like a lawyer, basically not taking things at face value and exploring why things are the way they are. I began to recognize how ubiquitous the law was and realized it would be a fascinating direction to go in, particularly if I could work in bioethics and use my science background.” After a year working in the office of the guardian ad litem for South Carolina’s governor, where she was responsible for supporting lay advocates for children in abuse/neglect hearings, Herbst returned to school, earning both a JD from the University of Pennsylvania Law School and a master’s in bioethics from the University of Pennsylvania School of Medicine. She then spent six years in a Jennifer Herbst is teaching a course on law and medicine this fall.

“

Whatever I was doing, people kept telling me that I thought like a lawyer, basically not taking things at face value… —Jennifer Herbst

”

general practice defense firm in Philadelphia. Among other projects, she served as regulatory counsel at an international biopharmaceutical company and represented multiple pharmaceutical companies and a durable medical equipment provider involved in government investigations of alleged improper promotion and reimbursement of their products. She also defended a psychologist in a malpractice suit for alleged breach of confidentiality and protected a hospital’s peer review immunity for activities taken in furtherance of quality health care. WHILE WORKING AT THE FIRM, Herbst coached a mock trial team in a racially and ethnically diverse inner-city Philadelphia high school, an activity she had begun while in law school. She also developed and taught an undergraduate bioethics course at Drexel University’s School of Biomedical Engineering. “The students needed to understand that what they were doing as they designed medical equipment would have implications way beyond the science and engineering they were learning,” she says. For example, she said, “You can’t do double-blind studies of many medical devices, so how do you design appropriate studies and collect data?” They examined a range of common bioethical dilemmas and how those issues translate into laws and policies that affect the pharmaceutical, biomedicine and health care industries. “When I was teaching at Drexel and

practicing law at the same time,” she says, “I realized that I loved doing both, and also loved the research component of academia.” She obtained a two-year teaching fellowship at Temple University’s Beasley School of Law, where she taught legal research and writing, professional responsibility, torts, bioethics, and business organization law. This fall Herbst is teaching a course on law and medicine and, in the spring, courses in administrative law and food and drug law—all issues she dealt with in her legal practice. Herbst’s class is following the ongoing legal challenges to the federal Health Care Affordability Act, which critics have deemed unconstitutional. At issue is whether Congress indeed has the power, under the commerce clause, to regulate interstate economic activity by mandating that individuals purchase insurance, Herbst says. She also will pursue her research interest in the design of health information systems and the privacy concerns and protections that accompany use of patient data for outcomes research, drug safety, and health insurance coverage decisions. When not working, she pulls out her saxophone, attends plays and concerts, and goes paddling and hiking with her husband. About becoming a member of the Quinnipiac faculty, Herbst says, “I have the job that I’ve wanted for a long time! I think like a lawyer and love the practice of law, but realized that I am at heart a teacher.” FALL 2011 • QUINNIPIAC LAW

FACULTY•FOCUS A novel idea

elping clients to make their own decisions has always been a priority for Karen Stansbury ’88. Over the years, Stansbury has represented numerous women who found themselves in predicaments because of poor judgment or a lack of planning. Drawn into their lives, she witnessed dishonesty, abuse and fraud. Stansbury came up with a novel way to help others from falling into the same common traps. The author of two books and numerous articles found that by sharing information through her stories, she could empower women to take control of their lives. Stepping out of the courtroom, Stansbury resumed work on a project she had begun years earlier—writing a series of legal novels featuring Emma Carbury, a sassy and determined trial lawyer. The plots are based on actual cases. The first two books, “Stay Balanced” and “Eyes Up, Heels Down,” are on the market. A third, “Inside Leg, Outside Rein,” is expected in 2012. The books were published through Stansbury’s company, Lakeland Terrier Press, LLC, which launched in February 2011. Stansbury named her heroine and her publishing company after her Lakeland Terrier, Emma. “Eventually, I will be open to publishing other people’s books,” says Stansbury, who also sells her books via Amazon.com.

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BOOK SHELF

MARGULIES TELLS OF ‘OVER THE HILL’ ADVENTURES

raversing hills with slippery terrain and hidden bogs that snag the unaware would not be everyone’s cup of tea, but to Martin Margulies, it’s heaven. The professor emeritus has been hiking in South Uist, Scotland, for almost 25 years. He likes it so much that he and his wife, Beth, built a holiday home in 2004 on North Loch Aineort in the Outer Hebrides, where many of the hills range up to 2,000 feet. Over the last five years, Margulies has written columns about his adventures—and misadventures—for the local newspaper. Recently, he compiled those into a book titled “Mhòr and More: Hill Walks in Uist.” The Islands Book Trust published it in March, and the tourists have indicated their approval; local bookstores have reordered. Margulies first came to South Uist in October 1987. On the last day of his visit, he attempted to scale Beinn Mhòr, the tallest of the island’s peaks, but turned back about halfway up. “It was a wise decision, for the light was fading, I was underdressed, and I had no knowledge of the terrain. If I’d persisted, my hosts at the Borrodale Hotel might have had to summon a helicopter to airlift me out,” he says. He has climbed all of the major hills, there and on the adjacent islands, from Eabhal on North Uist through to Eriskay’s Beinn Sciathan. Once, he took what he labels a nasty spill that aggravated a disc condition and has cost him the partial use of his left arm. On another occasion—one the locals don’t let him forget—he indeed needed that copter rescue after getting lost behind Meall Mhòr some 15 years ago on one of his first visits to a now-familiar island. And, there is an amusing chapter about the time his son, Max, was sucked into a bog. “But for every untoward experience, I have spent dozens of glorious days exploring remote hills and glens and savoring their isolation and beauty. I am certain that mortal eyes have not beheld finer vistas since Adam and Eve bade farewell to Eden,” he writes in the book’s introduction. In one column, Margulies advises hikers to stay focused and resist the complacency that comes with descents. While hiking, he found himself composing and chanting a little ditty to himself, which he shares in the book: “Don’t get careless, don’t get cocky. This old hill is steep and rocky. Don’t get smart, don’t get silly. Lots of ice on this here hilly.” Although Margulies says it may sound childish, the rhyme keeps him alert and safe. There is one thing that frustrates him, though. “It takes me longer to get up the hills than it used to. I’m thinking it’s because they were younger then and hadn’t reached their full height.”

Stansbury, of Litchfield, Conn., is a trained mediator who specializes in marital mediation. She is also the founder and chair of the Professional Women’s Alliance of Connecticut. Like Stansbury herself, heroine Carbury is continually getting clients out of trouble. Using

humor, the author addresses such serious issues as incest, marital economic abuse and bullying. “One of my biggest passions is explaining to homemakers that they are setting themselves up for disaster in divorce court,” says Stansbury, who discourages women from devaluing their contributions

to marriage or allowing their spouses to do so. Her books and articles, (posted at karenastansburyattorney.com) are designed to open women’s eyes and dispel myths surrounding the legal process. “You can take a lot away from them, or you can just read a good story,” she says. —Donna Pintek

STUDENT•SPOTLIGHT Counseling competition teaches professional responsibility

everal Quinnipiac students took their classroom skills on the road and gained practical experience at the ABA Regional Client Counseling Competition in February. For Katherine McColgan ’11, the competition offered a glimpse of reality. “We had to build a relationship with a new client and figure out what that client needed while applying applicable law,” she said. A member of the Society for Dispute Resolution, McColgan was one of four students selected to participate in the event in White Plains, N.Y. She and Joshua Scollins ’12, along with their coach, Cara Platt ’11, took first place, advancing to the national competition in Norman, Okla., where they faced teams from 35 schools and made it to the second round. Platt explained that, in a client counseling competition, students meet with a potential client and quickly determine the important facts while being sensitive to the client’s plight. “Our competitors were presented with some extremely sensitive and difficult issues; however, they remained calm and were able to give thoughtful and useful advice to the clients,” Platt said. Other students competing in the regional event were Damian Gunningsmith ’13 and Kylan Johnson ’12, coached by Josh Elliott ’13. This year’s theme was professional responsibility. The issues ranged from attorney malpractice and substance abuse to sexual harassment and conflict of interest. Judges rated the students on style, ability to make the client feel comfortable, grasp of the problem, ability to understand the client’s perspective and the courses of action they suggested.

It was the first time competing for Scollins, Johnson and Gunningsmith. Johnson learned that failure can provide a greater learning experience: “Our secondround performance was lambasted by the judges, and we were given 30 minutes to reflect on the feedback, adjust our strategy and mentally prepare ourselves for the next round,” Johnson said. “We hit it out of the park in round three, and in retrospect, I am not sure we would have done so had we not been humbled by the judges and forced to work together to fix our mistakes.”

From left, Katherine McColgan ’11, Joshua Scollins ’12 and Connie Smothermon, an Oklahoma College of Law professor, at the national competition in Oklahoma.

Students polish skills at mock competition robbery and double homicide occurred at a convenience store, and an employee was accused of committing the crimes. To divert suspicion from himself, he accused one of the victim’s former boyfriends. Hearsay, third-party issues, improper character evidence and the Sixth Amendment right to present a defense came into play

Brett Aiello ’11 and Denise Graham ’11 at the TYLA regionals in Boston.

in this fictional case that was part of the Texas Young Lawyers Association Regional Mock Trial Competition in Boston. Two student teams represented Quinnipiac at the event. For the students, the experience provided a chance to argue a case, not in a classroom, but before a judge in a real courtroom. Students were selected based on their performance in the Fall 2010 mock trial intramural competition. Quinnipiac team members included Brett Aiello ’11, Andrea Finan ’11, Denise Graham ’11, Christian Gunneson ’12, Kelly Obermeier ’11 and Laurence Tamaccio ’12. Robert O’Brien ’12 and Stephen Gillett ’12 served as alternates. Out of 20 teams, Quinnipiac was the only school to advance both its teams to the final round. Additionally, the defense team of Aiello and Graham was undefeated advancing to that round. Aiello said the experience was invaluable. “It taught me evidence, how

to be an effective advocate, and how to work as a team and play off another person’s strengths. I can’t count how many times a judge would tell our team after a trial, ‘You’re better than many attorneys practicing right now,’ which gave me a ton of confidence,” he said. The Quinnipiac teams lost to Suffolk and Yale in the final round. Graham cited communication and teamwork as her team’s strongest assets. “There are rulings made during the trial that can seriously affect your game plan and strategy, so we really had to be able to adjust our case,” she said. Obermeier, who argued for the prosecution, said she initially struggled with the best way to approach the case. “Then I realized I needed to stop doing what others told me and make the case my own. It’s a lesson I will never forget: believe in your case, and don’t try to be anyone else. Show your personality and people will relate,” she said.

FALL 2011 • QUINNIPIAC LAW

STUDENT•SPOTLIGHT Students explore Guatemala; return to Nicaragua

our members of the International Human Rights Law Society traveled to Guatemala during spring break in association with the Albert Schweitzer Institute at Quinnipiac. While in the Central American country, the group toured the Constitutional Court and met with the chief clerk to discuss the procedural differences between the Guatemalan and U.S. legal systems. The law students spoke with representatives of influential nonprofit groups, including the Rigoberta Menchú Tum Foundation, which works with indigenous populations that still endure discrimination. They also met with organizers from the National Coordinator of Widows, which advocates for women who have lost family members during the country’s civil war, and Madre Selva, an environmental group addressing mining issues in the region, among other groups. “As these leaders shared their missions and stories with us, it was evident that much more support was needed to truly effect change there,” said Mike Miller ’12, a participant. The group plans

to continue this trip and develop projects that address these issues. “We were deeply touched by their history,” said Kara Summa ’12, co-president of the law society. “This trip really ignited us to do more. What little bit you do can make such a difference in other peoples’ lives.” The visiting students painted garbage cans as part of an urban renewal project by the Pavarotti Center in San Lucas Toliman. Darren Pruslow ’11, Jon Sousa ’12, Erin Peck of ASI and Professor Jeffrey Meyer also went on the trip. In May, the International Human Rights Law Society sent 18 students to Nicaragua. Lawyers Jane Grossman ’98 and Scott James and Judge Maria Khan joined the students. In Managua, the group visited the Supreme Court; in León, they met with legal experts to discuss prisoner rights, and in Antigua, the group gave a presentation on criminal procedure and discussed the human trafficking problem. The students donated reading glasses and school supplies and did service projects.

PILP AUCTION The 18th Annual PILP Auction in March raised $16,084 to subsidize grants for QU law students who take summer positions at nonprofit organizations. This year, a red carpet theme encouraged people to dress as if they were attending the Oscars or Grammy awards.

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Clockwise from top right, law students paint during a service project at a school in Guatemala; visit a courtroom in Nicaragua; visit a cathedral in Guatemala City; sort school supplies to donate; and pose for a picture in Nicaragua.

Man on a Mission Cerame probes civil rights in digital era By Maureen Farrell ario Cerame ’12 has always been interested in civil rights. A former high school teacher in an urban school district, Cerame came to law school so that he could help shape better public policy. Now a third-year student, he’s doing just that, but in an unexpected way. Last year, Cerame saw a video on Facebook that showed a person being arrested for recording video of a police officer. The man was charged with violating Maryland’s wiretapping law—a felony. The case intrigued Cerame and prompted him to delve deeper into how civil rights laws apply. He started asking questions, but initially came up with few clear answers. “I knew I had something good when my professors couldn’t answer my questions,” he said. Street-level police procedure hasn’t caught up with the fact that so many average people have video cameras built into their phones and the ability to easily record police, Cerame explained. Courts have not yet decided whether citizens have a constitutional right to record police in public or not, and existing case law is sparse. In most states, police deter people from recording them by charging them with a misdemeanor, such as interfering with an officer or disorderly conduct. Most people choose to pay a modest fine rather than defend their rights in court. Cerame points to the 1991 Rodney King incident, which was recorded by a bystander when video cameras were less commonplace. “That shocked the nation. It changed the discourse and people’s awareness of police conduct,” he said. Now, thanks to social media and digital devices, it’s much easier to take and share videos and have public discussions about them. When Cerame first became interested in the topic, he was interning at the local chapter of the American Civil Liberties Union during his second year of law school. This past summer, he landed an internship at the Cato Institute, a public policy research organization based in Washington, D.C., where he conducted further research. “It was an amazing opportunity. I’m very fortunate,” he said. Cerame has become the go-to guy on the issue. He testified before the Judiciary Committee of the Connecticut legislature and was asked to draft alternative language for the statute. In July, he spoke about the criminalization of police recording and civil rights litigation at the International Copwatch Conference in Winnipeg, Canada. Cerame has been assisting with civil cases in New Haven and Rochester, N.Y., that deal with police recording. He’s using

Mario Cerame ’12

his First Amendment expertise to assist in drafting language for pleadings and legal strategy. He also launched a blog— righttorecord.org—that gives a legal perspective on police issues, and he started a nonprofit organization dedicated to the issue. “It feels strange to say it, but I might be an expert in this little corner of law,” he said. This fall, he was selected for a year-long civil rights fellowship at the U.S. Attorney’s Office for the District of Connecticut, where he is researching police accountability issues and education outreach. He also recently founded a new student organization with several classmates, a Quinnipiac chapter of the ACLU. In September, the group hosted “Constitution Day” in local middle and high schools. The curriculum gave students information about their rights under the law and examples they could easily understand. The group also plans to host speakers and debates, and coach and instruct its members about how to present to the Connecticut Legislature on bills that are important to civil rights. “Anyone can do it, you just have to know how,” he said. FALL 2011 • QUINNIPIAC LAW

EDUCATIONAL DISPARITY AND MINORITY YOUTH Symposium focuses on increasing access B Y A L E JA N D R A N AVA R RO

ifty-six years after the landmark Brown v. Board of Education case, inequality in U.S. schools persists, particularly for black and Latino children. Educators across the country have responded with innovative schools and programs that have proven that students with the weakest academic skills can and do succeed when challenged to do so. “It’s not an achievement gap, it’s an access gap,” explained Susan Taylor, journalist and founder of the National CARES Mentoring Movement. On Sept. 16, Taylor was among the more than 650 educators and community leaders who gathered at the Educational Disparity and Minority Youth Symposium at Quinnipiac University to share ideas and begin conversations about how to increase educational access for all students. Marilyn Ford, professor of law at Quinnipiac, spearheaded the daylong event, sponsored by the Quinnipiac School of Law and Yale Law School. Panelists featured Carlotta Walls LaNier, the youngest member of the Little Rock Nine; Edward Lewis, founder and publisher of Essence Communications and chairman of the successful Harlem Village Academy; and athlete Marion Jones. “As a parent, grandparent and member of the African-American community, I am deeply concerned about this problem,” Ford said. “The purpose of the symposium was to bring together experts

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Marion Jones, former Olympian, encouraged young people to “take a break” and seek advice when facing difficult life decisions.

to not only talk about the achievement gap and the access gap, but also to highlight traditional and nontraditional programs that address the gap.” Education is the key to solving many problems that plague the nation, from poverty and unemployment to crime. “If we don’t get involved—all of us—to find a solution, we are going to have hell to pay,” said Lewis. Children living in poverty face an uphill battle for access to not only good schools, but also the tools, skills and experiences they need to succeed, educators said. The staff at the Village Nation, a program within California’s Cleveland High

School that works exclusively with lowperforming black students, found that on average, young people spent about 12.5 minutes of one-on-one time with their parents. Its founders created a family-like educational environment. In two years, the school’s scores on the state academic performance index jumped 93 points. “People are a function of their environment and expectations,” said Bill Strickland, founder and CEO of the Manchester Bidwell Corporation in Pittsburgh and CEO of the Manchester Craftman’s Guild. He built an aesthetically appealing and successful art and career-training center in one of Pittsburgh’s struggling neighborhoods. He’s replicating this successful center in cities around the world, including New Haven. “‘Failing schools” is a euphemism for adults failing children,” said Michael Sharpe, executive director of Jumoke Academy Charter School in Hartford. He also emphasized that success is attainable at both public and charter schools. The difference is having students and parents take pride and ownership in their school and embrace the idea that they are winners. Of his student population, 89 percent qualify for free lunch and have the highest writing and math standardized test scores in Connecticut. Former Olympian Marion Jones illustrated the importance of helping young people make good decisions, using her own mistakes as a cautionary tale. Jones served six months in prison for

lying to federal investigators about her steroid use. “I went from making tens of thousands for a single 10- or 11-second race to making just over 10 cents an hour working in the prison bakery,” said Jones, who today is a mother and author. “The consequences of my poor choices led me down a path that cost me much more than anything I would have ever imagined: it cost me my reputation and my freedom.” Narrowing the educational gap is challenging, but not impossible, Jones said. “The key is for us to ensure the choices that we make and our students make, especially as minorities, don’t disqualify us from taking full advantage of the few opportunities that come our way.” Kevin Barry, associate professor of law at Quinnipiac, said he learned several

ways he could make a difference, both inside the classroom and out. “You couldn’t walk away from the conference and not be moved by the enormity of the challenges facing our young people and the promise of those who've found creative ways of responding to those challenges,” Barry said. Lawyers, among many others, are important to structuring the kinds of changes in our school systems that are essential in the future, said Jeffrey Meyer, professor of law at Quinnipiac. “The problems of educational disparity among minority youth are too intransigent to be solved by a one-day conference, but gatherings like these pool ideas and generate momentum for new initiatives,” he said. “The last people we can give up on are our children.”

1. Susan Taylor, author and founder of the National CARES Mentoring Movement, addresses the education symposium. 2. Dudley Williams, educational strategy relations manager at General Electric, moderates a school superintendents panel. 3. From left, James Obi, chairman of the Obi Group; Marilyn Ford, professor of law at Quinnipiac and symposium organizer; Edward Lewis, co-founder of Essence Magazine, chairman of the board of directors of the Harlem Village Academy; Carlton Highsmith, president and CEO of CLH Holdings and Quinnipiac trustee; John L. Lahey, QU president; and Mark Thompson, senior vice president for academic and student affairs. 4. William Strickland, founder and CEO, the Manchester Bidwell Corporation and CEO of the Manchester Craftsman’s Guild.

FALL 2011 • QUINNIPIAC LAW

There

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alternative Mediation offers escape from courtroom B Y A L E JA N D R A N AVA R RO

In the bustling hallways of the New Haven Courthouse, Brendan Holt ’06 approaches parties entangled in bitter custody battles or divorce disputes with an offer they can’t refuse: a way out of court. Holt, a family relations counselor for the Connecticut Judicial Branch, offers them a chance to escape time in court and mediate their case without a judge, and in some cases, without a lawyer.

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“This is your opportunity to tailor something that you want,” Holt explains to clients. “No one knows your family or your situation better than you.” In mediation, one branch of alternative dispute resolution, a neutral mediator facilitates discussions between two or more parties to negotiate a solution to their dispute. Holt does a lot of educating on how it works, but he’s confident that most of the time it does work. In his office, 72 percent of the mediation cases are resolved. Successful mediation, which may take one to a few sessions, can be more efficient and less expensive than lengthy litigation or repeated court dates. It also may reduce the frustration that comes with family disputes. Divorce and child custody cases are an obvious fit for mediation, but other fields from health care to real estate have also

been embracing this cost-effective, problem-solving technique. Quinnipiac School of Law and the Center on Dispute Resolution have played an important role in the growth of mediation. The school offers a concentration in civil advocacy and dispute resolution. The center, in conjunction with the University of Connecticut, hosts a mediation training program (story below). In addition, the center has unified nonprofits around the state to create the Connecticut Mediation Network, which works to promote mediation. Yet, in this fragile economy, funding is dwindling for some nonprofits that offer mediation services as well as training opportunities for students. In addition, some attorneys may sidestep mediation because they don’t consider it as profitable as heading to court.

LEARN MEDIATION IN 40 HOURS

he Mediation Certificate Program at Quinnipiac has been a training ground for aspiring mediators, as well as other professionals who want to incorporate mediation techniques into their work. Since 2002, the School of Law and the Center on Dispute Resolution, in collaboration with the Labor Education Center at the University of Connecticut, have sponsored the 40-hour program. Offered twice a year, it provides a comprehensive introduction to mediation and conflict management. “Even if you are not a mediator, you are going to find yourself in settings where you can apply these skills,” says Bill Logue, a mediator and adjunct professor at Quinnipiac. He teaches the program with Paddy Moore of Moore II Resolutions. “In my career in politics and as a practicing lawyer, I put the skills I acquired at Quinnipiac to use every day, whether it is with my colleagues in the Legislature or law firm clients,” said Connecticut House Republican Leader Lawrence Cafero, who completed the mediation training program. The program is structured to allow participants—who have a wide range of experience in mediation—to move at their own pace. Role-playing and simulation exercises give participants a chance to see different mediation styles in action and test new skills. “The teachers are absolutely phenomenal,” says Natalia Sieira Millan ’11, who participated while she was a student. She enjoyed working with professionals from different industries. “We had great chemistry, and we learned a lot.” The school recently added a negotiation-training course. Professor Jennifer Brown and co-director of the Center on Dispute Resolution, hopes to expand the mediation program to include training specific to industries that use mediation more frequently, such as health care. “Many organizations and individuals are offering mediation training right now,” says Brown, “but what we hear back from past participants is that this training with Logue and Moore, particularly, is helping new mediators to feel more effective and competent.” The next training session will be held Nov. 3, 4, 5, 11 and 12. To register, visit http://law.quinnipiac.edu/x127.xml.

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Everyone wins Mediation is effective because there are no winners or losers. Both parties agree on a solution or mediation talks end. And unlike a judge, a mediator does not evaluate evidence and rule in favor of one party over the other. “Mediation can be considerably less intimidating than standing in front of a judge in an official court hearing, especially for self-represented litigants, and it allows the clients to maintain a deeper sense of autonomy over their case and their family,” Holt explains. People who are unfamiliar with mediation are willing to try because they have nothing to lose. If an unbiased mediator can’t help them negotiate an agreement, they head back to court for a judge to decide their fate. “Even when the outcome is what a judge would likely impose, the participants generally feel better about it because it was something they developed and accepted,” explains Jennifer Brown, Carmen Tortora Sr. Professor of Law and co-director of the Center on Dispute Resolution at Quinnipiac. Holt agrees. “When they own it and create it together, there seems to be a different dynamic,” he explains. “People are quite surprised with what they can come up with when they work together.” He recalls a difficult and financially challenging divorce where the couple agreed to continue to live together until they could sell their home, despite their differences. Mediation offers an opportunity to both restore and enhance relationships among the disputing parties, saving considerable time that they might be devoting to the litigation process, says Bill Logue, a lawyer and one of two instructors in the mediation training program. He is also an adjunct professor at the School of Law. “By the time people end up with lawyers, the emotions are running high, the creativity has dwindled and they have a difficult time seeing how they can work with the other party in a productive way,” says Logue, who mediates a fair amount of employment discrimination, and workplace, commercial and environmental cases.

In some industries, such as business, preserving relationships can be critical when parties must continue working together. The financial savings, however, can be one of the biggest benefits. Although disputing businesses usually share the cost of the mediator’s services, they are not pouring money into legal fees or losing profits for months while the case is in court, Brown explains.

More fields seek alternatives Logue practiced law before becoming involved in conflict resolution and consulting. Today, he uses his mediation skills to facilitate groups and build consensus on public policy issues including human services, transportation and environmental matters such as hazardous and nuclear waste, natural resources and regulatory issues. He recently facilitated a visioning process for 308,000 acres of public forests in Massachusetts. For the past two decades, the EPA has been one of the biggest federal users of mediation. Paddy Moore, who co-teaches the mediation training program with Logue, has had professionals from a variety of industries participate in the course, including a growing number of health care professionals. Few plan to make mediation a career. “We find a lot of people who are interested in adding mediation to their skill set,” says Moore, president of Moore II Resolutions in Boston and an expert in health care mediation. Mediators do not need to be lawyers, but should have a good understanding of the law as well as industry practices related to the dispute, she says. In hospital contract negotiations, for example, the mediator needs to know how the health care system works and what is important to the parties involved, she says. Moore has seen a rise in the need for mediation in elder care as the country’s population ages, not only for estate planning, but also to determine end-of-life care. Mediation is fast, making it ideal for a health care setting, where precious minutes can save a patient’s life. Mediation has been used when health care providers, such as physicians and surgeons, disagree on the

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People are quite surprised with what they can come up with when they work together.

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—Brendan Holt ’06 direction of care for a patient heading into the operating room. “Mediation can take place on the spot— quick and dirty—when there are turf battles between different specialty groups,” Brown says.

Appealing to the state The state of Connecticut has embraced mediation. In 2008, the state created a foreclosure mediation program to help families stay in their homes. The state also requires mediation for all medical and dental malpractice lawsuits. In addition to the time and cost benefits, mediation also is confidential and will not taint

the reputation of the accused party. If the case should go to court, the discussions that take place in mediation cannot be used. “Going into mediation doesn’t limit your litigation strategy,” says Gina Teixeira ’11, a lawyer at the Connecticut Legal Rights Project. The statewide organization, based in Middletown, Conn., provides legal assistance to indigent people with psychiatric disabilities, often involving housing and eviction issues and discrimination complaints. Mediation is ideal for her clients with limited resources. If negotiations break down, she is prepared to take the case to court. FALL 2011 • QUINNIPIAC LAW

Missed opportunity Natalia Sieira Millan ’11, an associate at Whitman, Breed, Abbott and Morgan LLC in Greenwich, Conn., also sees mediation not used as often as it could be. “I feel as though it is an avenue that many avoid due to low-profit returns. That is something that should change,” she says. Many families don’t have the money to go to court, she adds. Nearly 84 percent of family court cases have at least one pro se party, according to a Connecticut report. “The reason why we become attorneys is to help those who cannot help themselves, not to charge them an exorbitant amount of money,” says Sieira Millan, who participated in the mediation training program in Spring 2011. She enjoys being in the courtroom, but has come to appreciate the benefits of mediation. In the future, she wants to provide her clients with the best available option, which might include mediation or another form of alternative dispute resolution. “I have always been the kind of person who shoots first and asks questions later,” admits Sieira Millan, who revels in courtroom victories. “It gave me a different appreciation for the law and an understanding that problems can be resolved without going into a courtroom.”

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By the time people end up with lawyers, the emotions are running high, the creativity has dwindled and they have a difficult time seeing how they can work with the other party in a productive way. —Professor Bill Logue

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“The judge is going to look at the legal issues. It’s a very narrow focus compared to mediation, where you can bring up anything you want,” explains Teixeira, who first joined the Connecticut Legal Rights Project as a paralegal in 2003. Sometimes the heart of the conflict isn’t the issue at hand, but other concerns that would not be raised in court. A landlord might be concerned about her client’s medical condition, but tries to evict for an unrelated reason. 18

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“If you can be creative, mediation is such a powerful way to arrive at a solution,” says Teixeira, who graduated with a concentration in civil advocacy and dispute resolution and participated in the mediation training program. She says she now has a toolkit of different ADR methods— including mediation—she can use to help her clients. She would like to see more legal professionals use mediation. “I think it is underappreciated.”

Community peacemakers The Connecticut Mediation Network, a coalition of mediation centers, is building awareness about mediation and encouraging prosecutors to send the centers cases that are clogging the courts, such as neighborhood disputes or minor offenses. “If you prosecute a case, it’s not really going to solve the problem,” says Carolyn Kaas, associate professor and co-director of the Center on Dispute Resolution. The conflict remains, and disputing neighbors might become more aggressive if one side is penalized in court, explains Kaas. “Mediators can resolve disputes in a way that does not lead to more police calls or retaliation. You get a solution.” For example, high school students could end up in court after a fight because of their school’s zero-tolerance policy. Mediation could resolve the conflict between the

students and avoid future confrontations. With a mediated resolution, the prosecutor is much more likely to drop the case, Kaas says. In 2008, Kaas took the initiative to bring together mediation centers in the state. The network is composed of the Community Mediation Inc. in New Haven, the Dispute Settlement Center in Wilton, the Hartford Area Mediation Project, and QU’s center. Despite the savings mediation offers, state budget cuts have eliminated grants that fund nonprofit mediation centers, says Kaas. One center now is on the verge of closing.

Making peacemakers These mediation centers also provide Quinnipiac students with valuable, and hard-to-find, mediation experience through externship placements. Holt, who had an externship at the Dispute Settlement Center, learned different styles of mediation and negotiation techniques watching professional mediators at work. “Even for someone who has that peacemaking mentality, the first time you sit down and people close the door, you feel that pressure,” says Holt. He applied to Quinnipiac School of Law because it had a concentration in civil advocacy and dispute resolution. He earned a bachelor’s degree in labor studies at Saint Joseph’s University and intended to go into arbitration, but found mediation more appealing. Mediators evaluate the depth and nature of a conflict, he explains. They must recognize when a case should not be mediated, such as when domestic violence or intimidation is present or a protective order is in place, says Holt. “This is especially true when the controlling behavior in a particular relationship might be very subtle and at times difficult for even an experienced mediator to identify,” he says. Mediators must be skilled in listening to each party and making sure the parties are listening to each other, says Caitlin McGrory ’11. Practicing mediation, McGrory has learned how to diffuse escalating emotions that inevitably surface in disputes.

“You’re there to facilitate and make sure the focus is on the right issues,” says McGrory. Mediators guide the discussion to ensure the people involved create a solution that is realistic and considers potential problems. “Not only do you want to make sure the parties are coming up with a resolution, but if children are involved, you want to make sure the parties address how they are going to deal with future conflicts,” she explains. “Whatever the outcome is, it’s about creating a relationship that’s going to work,” says McGrory. She took the Connecticut Bar in the

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summer and plans to go into family law, where she can apply these mediation tools. Kaas says, despite the budget cuts and some resistance, there will be more opportunities to apply conflict resolution techniques as more fields and more lawyers embrace them. “There’s no question it’s grown and there’s no question it will continue to grow because the practice of law is demanding it,” she says. “Practitioners and clients are looking for more efficient, less expensive, creative solutions. It’s the idea of lawyer as problem solver, rather than lawyer as gladiator.”

If you can be creative, mediation is such a powerful way to arrive at a solution. —Gina Teixeira ’11

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TOP GUN History Channel offers Ryan Cleckner his shot at fame BY JOHN PETTIT

ith a full-time job, a new baby and the rigors of law school, thirdyear student Ryan Cleckner ’12 had no time to watch reality TV, let alone appear on a show. He initially rebuffed an offer from the History Channel before deciding he’d give it a shot. And what a shot he is. The former U.S. Army Ranger sniper served as a trainer on “Top Shot,” a series in which marksmen compete in historyinspired challenges for a $100,000 prize package and the title of “Top Shot.” Cleckner’s episode, “The 1,000-yard Shot,” originally aired on April 5 as part of season two. Contestants used a Barrett .50-caliber sniper rifle, with Cleckner providing expert advice. “I was actually filming for season three when it aired,” Cleckner recalled. “My hotel didn’t have the History Channel, so I had to go to a sports bar after filming to see the episode. They put the show on the giant-screen TV behind the bar for everyone to see. Being able to see myself and the amazing footage for an hour with about 50 other people was quite an experience.” The Phoenix native served as an airborne ranger in the Army’s 1st Ranger Battalion and on a fire team for two years before transitioning to the 1st Ranger Battalion sniper section. “I received amazing training,” said Cleckner. “It was just a great experience.” He completed multiple combat deployments as a sniper and sniper team leader in Afghanistan before leaving the military in 2003. Cleckner earned a bachelor’s degree in political science at Arizona State University. He was working as an instructor at a government-contracted sniper school near Phoenix and was shooting competitively when he decided to pursue a degree in law. He applied to 10 schools, including Quinnipiac. Although he had his pick of law schools, he said QU provided a unique opportunity and made him an offer he couldn’t refuse. Ryan Cleckner serves as a trainer on the History Channel’s “Top Shot.”

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I always find time for some loud noise and recoil. It helps me focus. —Ryan Cleckner

“My wife and I were debating which school to attend when Quinnipiac invited me out to interview for the Dean’s Fellows scholarship, which is a free ride with a stipend,” he said. He fell in love with the law school and campus after having dinner with Dean Brad Saxton and meeting several faculty members. When Cleckner returned to Arizona, he had a scholarship offer awaiting him. Cleckner and his wife, April, moved to North Haven in 2009, shortly before his first year. “It was a little bit of culture shock,” he said. “1L is a weird experience that everyone goes through. It’s almost like a rite of passage. It was difficult to adapt to the new way of thinking. Except when I would fall asleep in my books, it was essentially a 24–7 gig. All night, all morning, all day reading cases, briefing cases and still struggling for answers in class.” Following his first year of law school, Cleckner landed a paid summer internship at the National Shooting Sports Foundation, the firearms industry trade association, in Newtown, Conn. He did so well as a legal intern that the NSSF offered him a full-time position in its government relations department. Six months ago, he was named manager of that department, with his primary focus on federal issues such as lobbying and import and export controls. “Ryan is very impressive,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “There are so many things that he has to juggle

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between work, school and home life. It’s obviously very stressful, but Ryan does a phenomenal job in all aspects. I think a lot of it has to do with his personality and his military background and training. From that experience, he’s able to keep things in perspective.” The full-time job meant that Cleckner would have to become a part-time law student. He took four courses instead of five each semester in his second year. Cleckner and his wife also added a baby girl, Alice, to the family. “That was a perfect storm of busy,” he said with a laugh. In 2009, Cleckner formed the Veterans Advocacy Group, which provides a social and professional network for military service members within the law school and encourages students to learn about military law careers. “There are law offices popping up everywhere that deal with veterans’ issues,” he noted. “There’s an entire vacuum of lawyers for this. It’s a whole new area of law.” Cleckner, who also appeared on the Aug. 9 episode of “Top Shot’s” third season, is on track to graduate in December 2012. Whether under the gun at home, school or work, he stays in practice. “I shoot at the range at least once a week,” he said. “Whether I am shooting trap and skeet during my lunch break or heading out to the range on the weekend, I always find time for some loud noise and recoil. It helps me focus, and it’s good for stress.” FALL 2011 • QUINNIPIAC LAW

Scholarship honored TORTORA PROFESSORSHIPS AWARDED TO BROWN, ROSETTENSTEIN BY JANET WALDMAN 22

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rofessor Jennifer Gerarda Brown smiles as she recalls one first-year law student’s description of the early weeks of school. The student said, “I feel as though I’ve been dropped down in an alien country and need a map, yet I can’t get off the street corner.” “Law school changes you,” she acknowledges. It can be disorienting and anxiety provoking. As one of the two newly named Carmen Tortora Sr. Professors of Law, Brown has some ideas on how to make that first year a better learning experience. And she’s not the only one with ideas. Fellow Tortora Professor David Rosettenstein would like to use his professorship to enhance his research

about conflicts of law as they apply to domestic and international family law and eventually develop a casebook that would serve as a foundation for students studying the subject. Both are looking forward to sharing their ideas with members of the Quinnipiac School of Law community and beyond during the three years they hold the distinction. Professors Neal Feigenson and Linda Meyer, the first to hold the professorship, will host a symposium about their work in October. Dean Brad Saxton said the Tortora professors are chosen not only for their productive and respected research and commitment to scholarship, but also for their dedication to law students and excellent

teaching. The professorships were established by the family of the late Carmen Tortora Sr., a longtime member of the Quinnipiac Board of Trustees.

Journaling project Brown joined the law faculty in 1994. She is also a senior research scholar at Yale Law School and director of the Quinnipiac-Yale Dispute Resolution Workshop. Her research focuses on three areas: dispute resolution (she is c0-director of Quinnipiac’s Center on Dispute Resolution and of the concentration in civil advocacy and dispute resolution); gay rights (she cowrote “Straightforward: Mobilizing Heterosexual Support for Gay Rights” with Ian Ayres); and professional responsibility. In addition to her book, Brown has written more than 40 law review publications, book chapters and op-ed articles and has given numerous presentations on her areas of scholarship in this country and in Australia. She was the recipient of the Honorable Robert C. Zampano Award for Excellence in Mediation in 2008 and was named a Quinnipiac University Scholar in 2005. She has been a Connecticut Bar Foundation Fellow for the last 10 years. She has always been concerned with the things professors do or don’t do to help students integrate professional values with personal ones. More than 20 years of teaching professional responsibility courses, coupled with work on task forces studying women in the law and the future of the legal profession, have sharpened that focus. “We teach them to think like lawyers, to be dispassionate, objective, analytical, fact-focused, methodical, but I am interested in their emotional and spiritual health as well,” she said. “The problem is not so much that negative feedback from professors can be an ego threat for firstyear students, but rather that elements of identity essential to the effective practice of law can get inadequate attention in the first-year curriculum.” Brown said, “Students should ask themselves, ‘What kind of lawyer will I be? How willing am I to focus single-mindedly on my clients’ legal postition to the exclu-

sion of all other things at stake? Can I value compassion and social responsibility as well as legal victory?’” To create opportunities for deeper exploration of these questions, Brown is compiling a book titled, “Beginner’s Wisdom: A Guided Journal for Reflection on the Personal and Professional Lessons of the 1L Year,” which she hopes to introduce to first-year students in Fall 2012. “Beginner’s Wisdom” will excerpt inspirational and thought-provoking writings from a variety of sources––everything from poetry to politics, travelogues to yoga teachers––and invite students to write reflective responses to these materials. The resulting journal would enable a student to later revisit the aspirations and emotions of their first year. “I would encourage students to see the journal as a gift they give themselves five to 10 years down the road when they might be jaded or cynical and wonder, ‘What has become of me?’” “There is something special about 1Ls. They are inspired and hopeful, and it makes me sad that for some, that spark gets dampened over three years,” she said. Although she acknowledges that this probably happens less at Quinnipiac School of Law “because our faculty puts heavy emphasis on interacting with students, conveying that we care about them,” Brown also believes that creative, energetic communities like Quinnipiac can do even more to nurture their students’ personal and professional development. Brown, who holds a JD from the University of Illinois at UrbanaChampaign, lives with her husband and two teenaged children in New Haven.

Worldly possessions David Rosettenstein joined the School of Law faculty in 1981. He teaches family law, labor law and remedies. He is the author of more than 40 books, book chapters and articles and has presented papers at conferences on every continent but Antarctica. In 2008 he was named a University Faculty Scholar from the School of Law. Many of his writings address family law issues, such as the financial fallout from

failed relationships (prenuptial or cohabitation agreements, conflicts in international divorce laws, stock options and other wealth distribution issues). Of late, he has been particularly interested in the complexity caused by the global mobility of people and the challenges it presents to national legal systems used to dealing with a more homogeneous group of citizens. “My scholarship informs my teaching and I hope it makes the classes I teach more interesting,” he said. He enjoys writing about things that affect people. “Virtually nothing does so more than family law, even as what constitutes a family has changed dramatically,” he added. Writing takes discipline and time and so his sailboat has sat idle the last few years. He lives with his wife, Abbie Baker, in Hamden. He earned a PhD from Oxford University and an LLB from the University of the Witwatersrand. “I tend to get into an area of the law and see where it takes me,” he explained. His newest area, conflicts of law, already has yielded five papers, and he anticipates that it will lead to more. His most recent presentation was at a conference on family solidarity in France. “I discussed how we might look at a spouse’s legal obligations to his or her extended family or even to a foreign state in the context of a divorce that occurs in America.” He gave an example of a fictional couple who married in Korea, for example, where offspring are expected to support parents. Such a person might attempt to claim that he cannot pay U.S.-court-ordered alimony or child support because of this foreign legal obligation. As an example of the tension between foreign and domestic approaches, he mentioned a real case in which a man, married in Pakistan, but living in America, tried to obtain an Islamic divorce. In the process he sought to avoid American rules on asset distribution, preferring to have the courts uphold farless-generous Pakistani property distribution rules flowing from the original marriage agreement. The American court declined to enforce the original arrangements on the grounds of public policy. FALL 2011 • QUINNIPIAC LAW

Staying Power Alumni discuss ICE’s attempt to cool deportation hearings of model immigrants B Y A L E JA N D R A N AVA R RO

Justin Fappiano ’06 and Holli Wargo ’06 discuss recent immigration law initiatives over coffee in downtown New Haven. 24

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olli Wargo, an immigration lawyer at Collins & Martin, PC, in Wethersfield, Conn., recalls two former clients who, like so many immigrants before, lived model lives. They met, married, worked hard, paid taxes, encouraged their children to study hard—but they weren’t able to get their green card and got caught. In immigration court, Wargo requested a cancellation of removal arguing that there was no guarantee that both would gain citizenship to the same country and dividing the family would be “an exceptional and extremely unusual hardship.” In this case, the judge agreed. The U.S. Immigration and Customs Enforcement agency recently began encouraging immigration officers and prosecutors to consider 19 factors, such as family hardship, before sending cases like Wargo’s into deportation proceedings. In June, the ICE director released a memo advocating the exercise of “prosecutorial discretion” to close low-priority deportation cases in an effort to focus resources on undocumented immigrants who commit crimes or pose a threat to national security. In August, the White House issued a statement that mirrored and supported the ICE memo.

Although it seems like a win for immigrants, immigration lawyers caution that this federal push for leniency just clarifies guidelines already in use. While the move sidesteps the recent wave of new, stringent laws and policies aimed at ousting undocumented immigrants, it does not change those laws or offer immigration reform. “The memo definitely is creating some misunderstanding and some false hope in the immigrant community,” says Justin Fappiano ’06, whose New Haven law office focuses on immigration. Fappiano says Homeland Security and ICE attorneys and officials have always been willing to consider such factors. “I’ve seen some very fair and considerate decisions, even before the memo,” he says. “What it does try to do is make the exercise of discretion more uniform. What it seems to be doing is pushing Congress’s hand to make substantive changes in the law.” The release of these memos follows Congress’s failure to pass the federal DREAM Act, which would have put the children of immigrants on a path toward citizenship. (Connecticut passed its own version of the DREAM Act.) The Obama administration has said that this push to consider factors that illustrate good citizenship for prosecutorial discretion could help the same young people who would have benefited from the DREAM Act.

Political game “Immigration has always been a political football in America’s history,” says Renee Redman, executive director of the Iran Human Rights Documentation Center and Quinnipiac adjunct professor. “There are times when immigration has been encouraged and other times when it hasn’t, and the decision hasn’t always been logical.” Given the weak economy, support has grown for reducing immigration—both legal and undocumented –– to protect jobs and save the government money. Over the past 10 years, Congress has reduced the number of private sector work visas from 200,000 to 65,000, despite demand for highly skilled immigrants in some

“

The memo definitely is creating some misunderstanding and some false hope in the immigrant community. —Justin Fappiano ’06

”

industries. States have passed laws to weed out undocumented immigrants. Alabama has a new law that requires schools to document the immigration status of their students to determine the cost of educating undocumented children. Arizona passed a controversial law that authorizes police officers to ask about the immigration status of anyone based on a “reasonable suspicion.” It has inspired similar proposals in other states. “A relatively minor conviction will get someone automatically deported with very little that can be done, regardless of how long they have been here,” explains Redman. Yet, according to the ICE memo, federal agencies don’t have the resources to deport all of the estimated undocumented immigrants currently living in the country, even if they were identified. In addition, immigration advocates say laws such as these have instilled fear among undocumented and legal immigrants, and has made it more challenging to reach immigrants with accurate information about laws and policies that could keep them in the U.S. For example, immigrants who are victims of crime and provide law enforcement with information can qualify for a “U visa.” Many immigrants are reluctant to admit they have any knowledge of criminal activity because they fear it will adversely affect their immigration status, Wargo says.

Targeting immigrants She also is concerned that the ICE memo and White House policy will inspire more unscrupulous activity by notarios–– notaries public who pose as lawyers charging Spanish-speaking immigrants for legal advice they are not qualified to give. Similar fraudulent consultants target other immigrant communities. They often give clients inaccurate information, or worse, falsify application documents without the client’s knowledge, which

could forever prevent them from attaining U.S. legal status. Often Wargo’s clients have applied for a benefit they don’t qualify to receive, such as a work visa. The denied application will land the person in immigration court. “Once in removal proceedings, a person may be eligible to file an application to legalize their status,” explains Wargo. “Meeting the legal requirements for certain forms of relief from removal can be challenging when the burden of proof is almost always on the immigrant.” Wargo considers the federal push to suspend deportation hearings against certain undocumented immigrants a positive move, but is concerned about how applications will be evaluated. “We don’t have a clear definition of who is going to be allowed to stay,” she explains. Currently, if a case receives prosecutorial discretion and the person is not deported, it doesn’t guarantee he or she will be allowed to apply for citizenship. However, this new push for compassion might give lawyers an opportunity to re-open deportation cases for a new ruling, Wargo says. Legal experts are interested to see if the federal push for leniency will spark a backlash by critics of undocumented immigrants. Fappiano understands the frustration of people who say preference should be given to foreigners who go through legal channels to enter and stay in the U.S., and at times shares their concern about the cost of undocumented immigrants. “Ultimately, the rule of law makes our country function better, more equitably, than many other countries and that is why people still risk their lives to get here and Congress has created avenues for some who entered this country illegally to fix their status,” Fappiano explains. “It’s a beautiful thing that our Constitution extends the protection of law to all persons, not just citizens,” he adds. FALL 2011 • QUINNIPIAC LAW

Charity begins at home Wealth and estate planner finds balance by helping Chicago’s less fortunate By Elizabeth Ganga

Photo by Tori Soper

few blocks from Lynne “Estate planning has really changed since I graduated, and the Pantalena’s office in economy has presented challenges. While the bad economy makes downtown Chicago is a people feel poorer, it also provides opportunities, ‘lemonade out church that serves meals to of lemons,’” she says. Even as she manages her team of lawyers, more than 100 homeless men. Pantalena keeps her hand in planning to keep her skills sharp. The two places are worlds The changing rules and exemptions on estate taxes also keep apart, but Pantalena ’85 things interesting, she says. “It’s made planning more complicated bridges that gulf each week. in that you’ve got to incorporate a lot of eventualities.” As a managing director and wealth strategies executive for Along with her work for the homeless, Pantalena’s interest in U.S. Trust, Bank of America Private Wealth Management, Pantalcharitable work spurred her to join the board of La Rabida ena’s duties include financial and estate planning for U.S. Trust’s Children’s Hospital on Chicago’s south side. The hospital treats high net-worth clients during the week. On Saturday mornings, children with chronic illnesses such as asthma, diabetes and she serves breakfast to between 110 and 140 people with the First sickle cell disease, and victims of abuse or trauma. “Many of the United Methodist Church Homeless Mission. illnesses La Rabida treats are debilitating to the whole family,” Because she considers herself fortuPantalena says. nate, both professionally and personally, She is a member of the Chicago THE PANTALENA FILE Pantalena wants to help those who need Finance Exchange, an invitation-only it. Her charity work also makes her organization for high-level women in Education — BA in human services, better able to delve into her clients’ finance, and speaks to such groups as New Hampshire College; MPA, New York ideas for their own philanthropy. the American Association of Certified University; JD, Quinnipiac; LLM in “I find that most clients want to give Public Accountants. In her spare time taxation, Boston University back to their communities, and they she travels to her home in Maine, would like to nurture those values in where she likes to kayak and spend Career — Managing director and wealth their children,” she said. time outdoors. And this East Coast strategies executive, U.S. Trust, Bank of Pantalena has been able to integrate woman has embraced Chicago, where America Private Wealth Management, her interests in tax law and in the world she can live without a car, taking public 22 years; in private practice the first of not-for-profits throughout her career. transportation and riding her bike, five years after law school. After earning her bachelor’s degree and and exploring the rich cultural scene. a master’s in public administration, she She called it a “fun, fun city–– went on to earn her law degree from Quinnipiac. She later somewhere between New York and Boston.” attended Boston University for an LLM in taxation. Of all the schools she’s attended, Pantalena will tell you that it Pantalena, who grew up in Branford, Conn., has been working was Quinnipiac, then the former University of Bridgeport Law in Chicago for four years, the latest stop in her nearly 22 years School, that meant the most. And so it’s to Quinnipiac that she with Bank of America, where she is a division manager. Pantalena gives back. It contributed the most to her career and to shaping spent the first five years of her legal career in private practice. her as a person, she says, and she fondly remembers the camaShe worked her way up through the estate settlement group and raderie of her class. then the philanthropic group, working in New York City and “Everyone worked together,” she said. It was the late then Boston. Professor Mary Moers Wenig who first whetted her appetite for estate planning. “I really enjoyed her class and the way she made you think Lynne Pantalena ’85 does financial and estate planning for U.S. Trust, Bank of three steps ahead. She shaped the way I attack tax problems.” America Private Wealth Management, in Chicago. FALL 2011 • QUINNIPIAC LAW

QULAW•ALUMNI —1983—

—1992—

Andrea Dray has been appointed by North Carolina Gov. Bev Perdue to the District Court bench for the 28th Judicial District for Buncombe County. She has been a solo practitioner since 2006, focusing on family law. She also serves on the board at Pisgah Legal Services. She lives in Asheville, SC.

Mark Giuliani is the artistic director, principal conductor and co-founder of Theatre Orchestra of Florida. A specialist in aviation litigation, Mark is an associate with Krupnick, Campbell & Malone et al. in Fort Lauderdale, FL. He lives in Palm Beach Gardens, FL.

James Kinney joined William Gallagher Associates as senior vice president. He heads the large account initiative in the firm’s employee benefits practice in Boston. He has expertise in large account strategy and services, as well as retirement law experience. He lives in Harvard, MA.

Anthony R. Slimowicz, managing director of WCD Capital Partners, LLC, has been appointed by New Jersey Gov. Chris Christie and confirmed by the New Jersey State Senate, to the Board of Trustees for the New Jersey Institute of Technology. He lives in Gillette, NJ.

Mark Giuliani ’92 is the artistic director, principal conductor and co-founder of Theatre Orchestra of Florida.

—1984—

—1993—

Douglas Martino, former Westchester County assistant district attorney, won the Conservative Party nomination and challenged Judge Barry Warhit’s seat in Westchester County Court. He serves on the Town of North Castle Republican Committee. He lives in Armonk, NY, with his wife, Denise, and two sons.

Daniel S. Greenberg has been admitted as a solicitor of England and Wales, and solicitor of the Eastern Caribbean Supreme Court, British Virgin Islands. He has qualified as one of just 20 licensed insolvency practitioners in the BVI, and he is the only licensed insolvency practitioner there to have U.S., UK, and BVI legal credentials. He opened a satellite office of his Connecticut Law firm, Greenberg & Co. Solicitors, in the BVI. It focuses on complex international commercial matters and cross-border insolvency. He lives in Monroe, CT.

—1985— Barbara Shea started “Partners-In-Law” in 2006, a legal consultant service within the practice she founded 21 years ago. The company’s goal is to educate clients on the best way to handle a legal situation. She lives in Greenwich, CT.

—1994— Tania Schmidt-Alpers received the St. Johns County Pro Bono Award for her

QUINNIPIAC LAW • FALL 2011

efforts to help meet the legal needs of the county’s underserved population. She represents victims of domestic violence. She lives in Palm Coast, FL.

—1995— Jae Y. Kim has been appointed as a Central Municipal Court judge by Bergen County executive Kathleen A. Donovan. He lives in Palisades Park, NJ, with his wife and two sons. Michael Rizzo is a practicing attorney in North Haven, CT, where he lives with his wife, Laurie (Sortino) Rizzo ’84, and their two sons, Stephen Michael and Alex Joseph.

—1997— Kevin Curseaden has entered into partnership with Leo P. Carroll and Joy Topazian Moore to form Carroll, Curseaden & Moore, LLC, in Milford, CT, where he lives. The general practice firm focuses on real estate and land use. David Rucci joined Todd Lampert and Philip Toohey as a partner at Lampert, Toohey and Rucci, LLC in New Canaan, CT, where he lives. His practice includes residential and commercial real estate, land use and zoning, business transactions, restaurant organization, probate and not-for-profit law. Sean E. Smith received the New York State Bar Association Criminal Justice Section’s award for “Outstanding Contribution to the Delivery of Prosecutorial Services” in January. He works for the New York Prosecutors Training Institute and recently was honored for his work on the Prosecutors’ Encyclopedia, developing innovative resources to assist prosecutors across the state. He lives in Middleburgh, NY.

Robert Migliorini ’04 Former engineer practices patent law By Janet Waldman as an in-house intellectual property attorney for ExxonMobil, Robert Migliorini ’04 helps the oil, gas and petrochemical company’s scientists obtain patents to protect their inventions in the U.S., and increasingly in China, Japan and Europe as well. “The patent system is important to the U.S. economy because it helps fuel growth by giving inventors a time-limited monopoly to exploit their innovations. It helps the U.S. maintain its technology leadership position, which is vital to our economy because we are no longer a manufacturing leader,” he notes. Drafting and negotiating third-party technology contracts to enable ExxonMobil scientists to collaborate with universities and other companies in joint research and development projects is also part of his job. Before he ever files for a patent, Migliorini researches the idea to ensure that the invention will meet the four requirements for patentability: subject matter (one cannot patent mathematical formulas or laws of nature), utility, novelty and “unobviousness.” He estimates that more than 90 percent of U.S. patent applications are initially rejected by the U.S. Patent and Trademark Office. “In that case, we do a give-and-take with the patent examiner, called prosecution, and argue that the rejection was improper, make changes in the application, or a combination of both,” he says. Migliorini enjoys working closely with inventors. He was one himself, before law school. He holds 14 U.S. patents in plastics packaging technology, namely oriented polypropylene film or OPP for short. It’s the clear, flexible film used to package many foods—potato chips, for example. He is most proud of his patent for metalized polypropylene film. “I developed a special version with an ultra-thin aluminum coating, like foil, for the inside of a food bag. It keeps food fresher longer by more effectively blocking moisture, oxygen and light. All potato chip bags use it now, and Frito Lay is one of our biggest customers,” he says. The North Haven, Conn., resident was raised outside Boston and worked there in research and development for Albany International Research for three years after earning a degree from Tufts University in chemical engineering. In 1987, he went to work for Mobil Chemical as a development engineer in Rochester, N.Y. At night he pursued a master’s in materials engineering at the Rochester Institute of Technology and then an MBA. In 1991, Mobil transferred Migliorini to a manufacturing plant in Italy. A year later, he returned to work at Mobil’s Stratford OPP plant until 1998, and then it was back to Rochester. In 2000, Exxon merged with Mobil, and he was chosen to manage the Stratford plant. Working with attorneys on his patents

sparked Migliorini’s interest in the field. Always thirsty for knowledge, he enrolled in the School of Law’s evening division. Making his hectic life palatable were classes taught by professors Sandy Meiklejohn (contracts), Neal Feigenson (torts), Mary Ferrari (tax law) and adjunct professor Dale Carlson (IP law), he recalls. Since graduation, he has collaborated on several patent law-related publications with Carlson. Migliorini first took a job with McCarter & English in Hartford, but Exxon called about a year later, and the rest is history. However, Migliorini wasn’t done learning yet. He earned an LLM in IP at Franklin Pierce Law School and now shares his legal knowledge as an adjunct professor at Pace University Law School in White Plains, N.Y., where he teaches advanced IP law courses. He also teaches a one-day IP law fundamentals course for industry trade organizations. The father of three daughters—Alyssa, 17, Emily, 14, and Julia, 10—works at Exxon’s New Jersey research center four days a week and from home the fifth. Julia’s model race car set circles the floor of his home office, where many of his patent plaques are displayed. Tennis is also a large part of his life. He is a cocoach of the girl’s tennis team at North Haven High School, which made it to the quarterfinals of the state team championship the past two years and is led by Alyssa, the team’s No. 1 singles player and a 2011 All-State team member. FALL 2011 • QUINNIPIAC LAW

QULAW•ALUMNI —1998— Ryan Goldstein is a solo practitioner in Bronx, NY, focusing on personal injury. He lives in Rye Brook, NY, with his wife, Lorri, and three daughters, Ellie Skye, Abigail Jordan and Lexi Blake. Jane Grossman, BA ’90, JD ’98, has been appointed by Gov. Dannel P. Malloy as a family support magistrate. She will serve a three-year term. She is a staff attorney for New Haven Legal Assistance.

Wendy Prince was re-elected to a second term on the board of directors of the World Affairs Forum in Stamford, CT. Wendy is the owner of Prince & Cotler, LLC, a boutique matrimonial law firm in Stamford, where she lives.

Christopher P. Yates has been voted into office as a member of the Board of Selectmen in Hudson, MA, where he lives with his wife, Erin, and their two sons. He previously served for 10 years on the Hudson School Committee.

—2000—

—2001—

Catherine L. Creager of Milford, CT, is an associate with Coles, Baldwin & Kaiser, LLC. She deals with employment law and commercial litigation and also handles personal injury and insurance defense matters.

JOIN PROFESSOR ROBINSON IN SUPPORT OF LRAP

he Gregory A. Loken Loan Repayment Assistance Program provides financial support for some alumni who choose to pursue careers in public interest law. Loken was an advocate of public service work and those who chose to practice public interest law. Professor Toni Robinson feels the same way as her late colleague. “Greg Loken could have gone to Wall Street at a high salary. Instead, he chose to work for a nonprofit, helping homeless children and teens,” Robinson says. “His example reminds us all of the importance of providing legal services to those who are served by not-for-profit organizations.” Please join Professor Robinson in making an impact with this important program. Go to www.quinnipiac.edu/give.xml to donate or contact the Office of Law Development & Alumni Affairs at 203-582-3403.

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John J. Burke III has joined the Hunterdon County Prosecutor’s Office as an assistant prosecutor, where he handles economic crimes and insurance fraud investigations. He lives in Annandale, NJ. Michael A. Carbone is now practicing general law with Mark Stern & Associates in Norwalk, CT. He lives in Hamden. Donald F. Campbell was named shareholder at Giordano, Halleran & Ciesla, P.C. in Red Bank, NJ, where he lives. He practices in the areas of bankruptcy litigation, commercial foreclosures, receiverships, creditor rights, commercial loan agreements and related financial transactions. Paula Cruz Cedillo, BS ’98, JD ’01, of Wallingford, CT, has been named a partner at McCarter & English in the business and financial services litigation practice group. She works in the firm’s Hartford office.

—2002— Matthew Corcoran of Hamden announced that he will seek the town’s top seat, challenging Mayor Scott Jackson in the November elections.

—2004— Andrew Guggenheim joined the Republican staff of the U.S. House Small

Business Committee as counsel for capital access and business financing issues. He is based in Washington, DC. Michael A. Martone of Branford, CT, has been appointed by Attorney General George Jepsen to his executive staff. Michael will serve as executive policy adviser and counsel. He previously served as assistant attorney general in the consumer protection department. Ryan Poe-Gavlinski of Kearneysville, WV, is mentioned in a March 2011 issue of the National Law Journal for her work helping low-income clients. She is a staff attorney at Legal Aid of West Virginia’s Martinsburg office.

—2005— Patrick L. Maurer has joined the law firm of Clarke, Dolph, Rapaport, Hull, Brunick & Garriott, where he will focus on family law and civil litigation, representing individuals in divorce, property settlement agreements, custody matters and the representation of artists and musicians. He lives in Virginia Beach, VA.

—2007— Troy A. Bataille has joined the firm of Goldberg Segalla LLP as an associate in the Hartford office. His practice areas include civil litigation, torts, products liability and commercial disputes, as well as state and federal environmental compliance and litigation. He lives in Vernon, CT. Joshua Cohen has developed a Hartford law practice based entirely on helping graduates with their student loan debt. He lives in Middletown, CT. Jason Hillman, BA ’04, JD ’07, was a guest speaker at the career conversations luncheon at UConn in Torrington. He is an adjunct faculty member at Quinnipiac and an associate at Carmody & Torrance law firm in the Waterbury office. He lives in Winchester Center, CT.

D E A R L AW A L U M N I

t is my pleasure to be writing to you as the new director of development and alumni affairs for the Quinnipiac University School of Law. I joined the law school in mid-July and have had a wonderful time getting to know this amazing community. I am excited to work with you and Dean Brad Saxton to further the mission of the law school. Before coming to Quinnipiac, I worked in fundraising at Choate Rosemary Hall and in marketing positions at Procter & Gamble, American Express and Comerica Bank. I have a BA in economics from Michigan State University and an MBA from the University of Michigan. Alumni are an integral part of the Quinnipiac community, and we value your counsel and support. I would enjoy hearing from you about what you do and encourage you to call or email me to share your ideas and Quinnipiac stories. I also invite you to update your information on QU’Net, the law school’s alumni online community, at www.quinnipiac.edu/qulawnet.xml. I look forward to seeing many of you at Dean Saxton’s reception in Hartford on Oct. 25. Best regards, Colleen Raftrey Entenman Director of Development and Alumni Affairs colleen.entenman@quinnipiac.edu 203-582-3403

Marie (DeSanto) Schweitzer and Michael Schweitzer, JD ’07, announce the birth of their first child, a son, Jacob Michael, on Feb. 14, 2011. The family lives in Bristol, CT.

—2009— Matthew Lender, JD/MBA ’09, has joined the certified public accounting and consulting firm of EisnerLubin LLP as a tax reviewer. He lives in Norwalk, CT.

—2010— Robert Shepherd, JD/MBA ’10, of Ansonia, CT, will begin as a tax associate in McGladrey's Stamford, Conn., office in November. He previously passed the Connecticut and Massachusetts bar examina-

tions and worked as a legal researcher at Subway's corporate headquarters and also as a solo practitioner. His book, “Illegitimacy, Inefficiency, and Disrespect: A Call for Reforming the Causes of Action for Misuse of Legal Process” was published in December 2010.

In Memoriam Stephen T. Keohane ’91 Robert Leight ’98 John T. Wholley Jr. ’86

Let your fellow alumni know where you’re working and what you’ve been up to. Submit your class note at www.quinnipiac.edu/qulawnet.xml

FALL 2011 • QUINNIPIAC LAW

IN•CLOSING Why law school? Why now?

Adelita Orefice left her government job to attend law school.

Student shares her motivation Adelita Orefice, author of this article, is a first-year student who left her position as executive director of Rhode Island’s Division of Environmental and Health Services Regulations to attend law school. She explains why.

n early 2010, I was called as a government witness in a criminal case that my state’s attorney general brought against the former chief of a large insurance provider. As director of a cabinet-level agency, I had been an ex-officio member of the company’s board. Earlier, I had blown the whistle on wrongdoing at the company, which led to investigations by the FBI, the state police and regulators. Even before the trial began, I sensed the prosecution would fail. The state’s attorney did not prepare me as a witness. He struggled with the facts of the case, though he had presented it in grand jury. He didn’t even articulate plainly the crime he meant to prove. I was not surprised when the judge closed the proceedings with, “Case dismissed.” With me that day was the general counsel from my own agency. We left the courtroom in silence, and when we reached the privacy of her car, my annoyance found its voice. I did not resent that the defendant walked. Rather, I was disappointed by the performance of the attorney for the state. I turned to my lawyer and said, “I have half a mind to quit my job, go to law school, and run for attorney general to make sure that kind of bull doesn’t happen again.” We both laughed and then, after a few seconds, grew quiet. “You know,” she said, “You could do that.” Her words recalled to me an earlier ambition to become an attorney. I grew up the oldest of three children in a working-class family. Twenty-five years ago, I graduated from Harvard with honors (the first in my family to attend college) and applied for admission to

QUINNIPIAC LAW • FALL 2011

law schools. Facing what then seemed an enormous educational debt ($15,000—those were the days!), I deferred admission to work and save money. During that year, I discovered career options that, at the time, seemed to have little to do with the study of law. I also met the man who has been my husband for 23 years. Going to law school became less compelling. Like many government majors in college, I’d considered it a pre-law concentration. But my first jobs helped me understand government as a management system. Inspired to make those systems run more effectively, I earned a master of public management degree at the University of Maryland School of Public Policy and over the next two decades enjoyed a demanding career in public service, initially at the U.S. Department of Labor in Washington, D.C. Later, I relocated to Rhode Island for my husband’s career, made the transition from federal to state government, and met our newly elected governor. I was the first Hispanic he appointed to a cabinet position. Subsequently, I led two other cabinet

agencies and, as the governor approached the end of his second term, I transitioned to a policy role in the health department. Over the next year, I led an interdisciplinary team of health and emergency professionals in a statewide H1N1 vaccine campaign, which the Centers for Disease Control recognized as a national model. My years in government taught me that no professional disciplines contribute more to the development of good policy than law and finance. Having gleaned that the way government finances a program will significantly influence its success or failure, I chose public-sector finance as my focus in graduate school. As I took on leadership positions, I became more aware of the role law plays. In my role as director and, later, chief health regulator, the law became fundamental to my public policy work—how we write laws, interpret them, enforce them, and use them to justify our actions. For me, the commitment to earn my law degree is the natural, indeed, vital next step in my continuing vocation.

MAKING CONNECTIONS

Alumni, faculty and students participated in a variety of recent events. 1. Nick D’Amato ’04, right, and his son, Chris, at the Spring New York City alumni reception in the Red Sky Bar. Phil Birsh, president and publisher of Playbill magazine, addressed the gathering of QU alumni and deans. 2. From left, Barbara Hasselman ’98, Alison Simons and Jessica Simons Mullerheim ’06 at the Spring NYC alumni reception. 3. At the School of Law Student-Networking reception in March, from left: Sandra Lax ’88; Doretta Sweeney, associate director of career services; and current students Garry Rosenfield, Sean Owen and Amy Solomito.

4. Sylvia Rutkowska ’08, center left, an associate with Dzialo, Pickett & Allen, P.C., and Tushar Shah, JD/MBA ’07, next to her, an associate with Fazzano & Tomasiewicz LLC, speak with first-year students Evangeline Ververis, left, and William Fuchsman, right, during an orientation program in which the alumni gave advice about law school. 5. Professor Robert Farrell, second from left, top row, socializes with students at a reception before a New Britain Rock Cats baseball game. Bottom from left: David Norman, 2L; Antigone Curis, 1L; and her mother, Athena. Top from left: Kristin Losi, 3L; Farrell; Alma Nunley, 1L, and her husband, Randale; and Mikhael Borgonos, 2L. 6. Freesia Singngam, 2L, and Sam Greenberg, 2L, with Rocky the Rock Cat. 7. Carmine Perri ’05, an associate at Bishop, Jackson & Kelly, advised entering law students that preparation, whether for class or for court, is essential to their success. He spoke during orientation.

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FALL 2011 • QUINNIPIAC LAW

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JOIN US FOR THESE EVENTS Oct. 25 — Hartford Area Law Alumni Reception, 6-8 p.m., The Hartford Club, 46 Prospect St., Hartford. Sponsored by Sinoway, McEnery, Messey & Sullivan P.C.* Oct. 27 — Moot Court Society Final Bench, 6:30 p.m., Grand Courtroom, School of Law Center. Nov. 3 — Business Leader Hall of Fame Dinner, 6 p.m., Metropolitan Club, New York City. Inductees: David Darst, managing director and chief investment strategist, Morgan Stanley Smith Barney, and James W. McGlothlin, chairman, CEO and president, The United Company.* Nov. 3, 4, 5, 11 & 12 — Forty-hour mediation training course for lawyers and nonlawyers alike, led by William Logue and Paddy Moore, 8:30 a.m.–5 p.m. each day. For details, contact Jennifer Brown at the Quinnipiac Center on Dispute Resolution, 203-582-3246 or Mark Sullivan at the UConn Labor Education Center, 860-486-3417.

Nov. 16 — Law Alumni Reception and Bar Results Party, 6–8 p.m., Union League Cafe, 1032 Chapel St., New Haven. Sponsored by Sinoway, McEnery, Messey & Sullivan P.C.* Nov. 20 — Family Day Awards Ceremony, 2 p.m., Grand Courtroom. Dec. 3 — Alumni and parents reception before men’s ice hockey game vs. RPI, hosted by QU President John L. Lahey, 5 p.m., Rocky Top Student Center, York Hill Campus. Game follows at 7, TD Bank Sports Center,York Hill Campus. $15 includes reception and ticket, cash bar, ($10 reception only for season ticket holders).*

Feb. 16 — Conversation with the Freedom Riders, 7 p.m., Burt Kahn Court, Mount Carmel Campus, with Bernard Lafayette and Andrew Young. BET’s Ed Gordon moderates. Part of Black History Month celebration. March 1 — Lecture by New York Times columnist Nicholas Kristof, 7 p.m., Burt Kahn Court, Mount Carmel Campus. March 8 — PILP Auction, Grand Courtroom. *Register online at www.quinnipiac.edu/events.xml