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Spring 2010

A Chat with

Alumnus

Art Rooney ii L’82

Inside:

Three Tests for the Supreme Court: By Senator Arlen Specter COVERS2

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Table of Contents Letter from the Editor.........................................................1 Law School’s Trial Advocacy Teams Succeed.....................2 Animal Law Society Paws Its Way into Prominence.........3 Law School Names Its New Dean.......................................4 Another Female Frontier Conquered: Duquesne University’s Chair of the Board........................5 Living Legends—Sons and Fathers: An Afternoon with John Marshall and Charles Hamilton Houston, Jr...........6 Duquesne Law Looks to Expand its Horizons in Ethiopia...........................................................8 Duquesne University Moves One Step Closer Toward Maximizing Educational Diversity....................................9 In Memoriam.......................................................................9 International Adoptions: The Haitian Effect..................10 Investing in the Future: A Point – Counterpoint Investing in the Future: CONSOL Promotes Alternative Methods for Reducing Harmful Emissions......................................................................12 Investing In the Future: Sierra Club Urges the Nation to Move “Beyond Coal”..................................14 A Chat with Alumnus Art Rooney II, L’82......................16 Three Tests for the Supreme Court: By Senator Arlen Specter..................................................19 From Law School Graduates to Law Firm Leaders: The Stories of Lyle Dresbold, L’08, and Joe Romano, L’09.....23 Getting Beyond the Basics with Lawyers and the Web: The Rise of E-Lawyering and Virtual Law Firms............24 Simulation Builds Skill Sets: The Law School’s e-Discovery Clinic.............................................................25 Extracurricular Additions: Duquesne University School of Law’s Criminal Law Journal............................26 Online Publications: The Impact of the Internet on Legal Education............................................................27 Trusts Established to Aid the Disabled............................28 Supreme Battle Over Grid-Iron Garb: American Needle v. NFL...................................................29

JURIS STAFF 2009-2010 EDITOR-IN-CHIEF: Christina E. Horton EXECUTIVE EDITOR: Benjamin Steinberg MANAGING EDITOR: Jessica Troy Assistant Managing Editor: Bridget Sedlock

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

Chief Staff Writers: Timothy Miller Production Editor: Ashley Owens Rachel M. Roney Staff Writers: Krista Bartolomucci Ashley Bozewski Katlin Connelly Juris Magazine is a semiDaniel Patrick Craig annual student publication Lisa Dougan of the Duquesne University Christian Evans School of Law. The views and Stefanie Flick opinions expressed herein are not necessarily those of Juris Juliann Haynes or the Duquesne University Justin Witt School of Law.

Juris Magazine can be reached at juris@duq.edu. Cover photo courtesy of the Juris Archives.

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


Letter from the Editor I am not someone who always knew that I wanted to be a lawyer. In fact when I was five, I wanted to be a firefighter. At six, I broke my wrist and decided I wanted to be a pediatric orthopedic surgeon...that is until I learned there was blood involved. It was back to the drawing board. In my later elementary school years, I found an idol: Della Crews with Channel 11 News, and decided that this was my nine-year-old calling. This passion stuck, and I ended up at West Virginia University majoring in Journalism with a concentration in Broadcasting. However, a funny thing happens when you pick your future career in the fourth grade. I ended up realizing after working at a local news station that perhaps reporting on brush fires wasn’t going to fulfill my desires like my nineyear-old mind thought it would. I had a quarter life crisis and joined Literacy*AmeriCorps upon graduation to refocus my thinking. As an AmeriCorps Member, I taught GED and Adult Education Classes. I loved teaching, and after my AmeriCorps year was over, I stayed on at Carlow University and thought that a trip to graduate school to get my teaching license was in order. My stepfather David, a member of the bar himself, had other ideas. He had been telling me since my junior year at WVU that I should think about law school. I just didn’t want to listen. However, while I was teaching a lesson on the Constitution, I was forced to hear what he had been saying. As I was trying to impress upon my students the importance of the Bill of Rights and the genius of our system of checks and balances, my students were as bored as I had ever seen them. I was passionately drawing diagrams on the board when, much to my chagrin, one of my students sighed disgustedly and yelled out, “Miss Christina, why do you care about this?” About four minutes into my rant that followed about how citizens in other countries were currently dying in order to have the rights that this particular student had,

I had what Oprah would define as a “light bulb” moment. I did care about the law, and instead of teaching it, I wanted to be an active part of the process. That moment led to me taking the LSAT a month later, applying to law school, and entering the halls of Duquesne. The last three years have been by far the hardest, most challenging years of my life. However, I would not trade them for anything in the world. I have always had a passion for learning, and I have had the opportunity to learn more than I could have ever imagined, not just about the law, but most importantly about myself. I know that if I can succeed here, I can succeed anywhere, because giving up a job and diving into this abyss was the most terrifying, tear-inducing, and exhilarating risk I have ever taken, and I managed to come out on the other side much better for it. To my Professors and Deans, thank you for showing me how to think like a lawyer and for forcing me to reach my potential. To my law school scholastic soul mates, I am forever grateful for the friendship, snacks, study groups, and laughs that made the work bearable. To my family, thanks for putting up with me through the stress, nerves, and occasional (ok, lots of) crankiness, and most importantly for giving me unconditional love and support. To my fellow graduates... Congratulations and Best of Luck! Christina Horton is the Editor-in-Chief of Juris. She also serves as a Senior Staff Member on the Duquesne Law Review, and as a Senator on the Student Bar Association. She is a member of the Women’s Law Association and the Phi Alpha Delta Legal Fraternity. Christina received her undergraduate degree in Journalism Summa Cum Laude from West Virginia University in 2005 and is set to graduate from Duquesne School of Law in June of 2010. She can be reached at celainehorton@yahoo.com.

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Law School’s

Trial Advocacy Teams Succeed Duquesne’s Trial Advocacy teams had a fierce year of competitions. Each team had a strong showing this year, advancing from regional competitions and competing at the national level. The trial advocacy teams compete in The Gourley Cup, the National Trial Competition, and the American Association for Justice.

Gourley Cup The Gourley Cup team members were Elizabeth Fischer, Paloma Araujo, Joseph Bowen and Katlin Connelly. The Gourley Cup team represented the plaintiff and was the runner-up in the Gourley Cup Competition, which is a national competition held in Pittsburgh, PA. This was a very strong showing for a group of second year students. Coaches for the team were Pete Giglione, L’02, and Anthony Patterson. Gourley Cup Team: Paloma Araujo, Joseph Bowen, Elizabeth Fischer, Katlin Connelly

National Trial Competition (NTC) The National Trial Competition team members were Keaton Carr, Cassidy Neal, David Renner, Josh Lamm, Amanda Sorrell, Casey Mullen, Derek Jones, and Curtis Schaffner. The NTC team consisting of Keaton Carr, Cassidy Neal and David Renner won the regional competition, which was held in Philadelphia, PA.  This was the first time that Duquesne University has won the regional competition in Philadelphia, PA. Keaton Carr was also named Best Advocate.  Out of more than 300 teams, the team from Duquesne was ranked fifth in the country at the national competition, which was held in Dallas, Texas. It is most notable that the NTC team consisted entirely of second year law students. Coaches for the team were Professor Bruce Antkowiak, Professor Michele Mantine, L’06, and Kelli Giles, 3D.

National Trial Competition Team: (back row) David Renner, Casey Mullen, Derek Jones, Josh Lamm (front row) Keaton Carr, Cassidy Neal, Amanda Sorrell, Curtis Schaffner, Kelli Giles

American Association for Justice (AAJ) The American Association for Justice team members were Max Petrunya, Michaelene Weimer, Patrick Sullivan, Matthew Smith, Katie Chengery, Abigail Faett, David Brown and Jonathan Bechtel. The AAJ team consisting of Max Petrunya, Michaelene Weimer, Patrick Sullivan and Matt Smith won the regional competition, which was held in Pittsburgh, PA.  Duquesne Law School’s team consisting of Katie Chengery, Abigail Faett, David Brown and Jonathan Bechtel was composed of all second year students and was a semi-finalist in the regional competition. Duquesne’s AAJ teams consistently win regional competitions in the AAJ competition. Out of 224 teams from across the nation, the team from Duquesne competed as one of the top 14 teams in the country in the national competition, which was held in New Orleans, LA. Coaches for the team were Professor Michael Streib, Professor Amelia Michele Joiner, and Professor Michael Gianantonio, L ’02.

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American Association for Justice: (back row) Jonathan Bechtel, Katie Chengery, Abigail Faett, David Brown, (front row) Patrick Sullivan, Matthew Smith, Michaelene Weimer, Max Petrunya


Members of the Animal Law Society presenting their check to members of Catnip Acres. Pictured: Ashley DeCicco, Julie Motheral, Kristen Peck, Faith Bjalobok, Carol Pultorack, and Tom Waters

Animal Law Society

Paws its Way Into Prominence By Ashley Bozewski In 2006, the Animal Law Society (“ALS”) reemerged at the Duquesne School of Law when a small group of students, prompted by a dramatic resurgence of interest in animal law issues, reinstated the organization. Since that initial group, active ALS membership has nearly tripled. The organization promotes animal law issues and provides support for those who advocate for furry friends who lack the ability to bark legalese. As part of its mission, ALS is committed to facilitating discussion in animal litigation and legislation in an academic setting. Members created a venue for discussion in on-line forums where they share current news and events pertaining

to animals. Examples include cases of animal abuse, dog and cat adoptions, and current litigation. One example is the Tiger Ranch case, a local animal cruelty case, with several members of the group attending its sentencing hearings. Members also participate in nationwide competitions, fundraise for local animal-related causes and organizations, and sponsor prominent animal activists to lecture. The current school year has been the most eventful in the organization’s short history. In the past half year, ALS has sponsored two largely successful fundraisers. One fundraiser was the “Fun for Animals Benefit” in October with proceeds benefiting Catnip

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Acres. President and Executive Members of the club presented Catnip Acres, an organization that provides low-cost spay and neutering to help control the cat population, with a check for $750.00. The organization also fundraised over $500.00 for “Habitat for Hounds” to help provide housing and medical care to animals. Julie Motheral, President of the ALS, explained that the organization prefers donating to smaller organizations because of the immediate impact the funds have on the group. “We like to donate to smaller, local organizations so that they may truly feel the weight of our donation.” More recently, members of the ALS traveled to Massachusetts to participate in the Animal Law Competition at Harvard Law School. The organization sent five students on behalf of the Duquesne Animal Law Society to compete in the appellate moot court, closing argument, and legislative drafting and lobbying competitions. Ashley Davies, Ashley DeCicco, Danielle Cairns, Kristen Peck, and Gillian Pavlek represented ALS in the competitions. Ashley Davies, a second year evening division student competed in the moot court competition and praised the experience as one that provided a unique experience for participants who are in the evening division. “The competition was a good opportunity for evening students who are ineligible to participate in activities like Trial Advocacy until later in their academic career.”

In addition, ALS has hosted several speakers in the past year. On October 28, 2009, Assistant District Attorney Debbie Jugan, who is also the Animal Law instructor at Duquesne University, spoke to students about the Tiger Ranch case in which hundreds of cats were mistreated and neglected. ALS welcomed Dr. Becky Morrow to facilitate the discussion and Dr. Faith Bjalabok discussed ethical issues and the moral status of non-human animals in the legal world. The organization also co-hosted Animal Law night with Duquesne University’s Department of Philosophy and Animal Law Coalition in celebration of Pennsylvania’s “Week for the Animals” in September. As part of the program, several notable speakers from local animal programs and organizations addressed students, animal rights activists, and others who simply love their pets. On March 8, 2010, ALS welcomed Tamira Thayne, the Founder and CEO of Dogs Deserve Better, for a discussion on anti-tethering public awareness. As it looks toward the rest of the school year, the Animal Law Society anticipates sponsoring even more activities for its members and the community. Ashley Bozewski is a second year evening student. She is a 2008 graduate of the Pennsylvania State University with degrees in Anthropology and Classics. Ashley can be reached at bozewskia@ duq.edu.

Law School Names Its New Dean On March 29, 2010, Duquesne University President Charles Dougherty named Professor, and previous Interim Dean, Ken Gormley, the Dean of the School of Law. “We are delighted to have such an accomplished teacher-scholar, active member of the Bar and influential author leading our School of Law,” said Dougherty. “Our aspiration is to be a nationally prominent law school, and Professor Gormley is just the person to take us there. We’re very grateful for the work of an exceptional search committee in bringing us to this defining moment for our School of Law.” “I am deeply grateful to the faculty, the search committee, our students, the Spiritan community, our alumni, President Dougherty and the entire University administration for their confidence in me,” said Gormley. “Duquesne has been my professional home for sixteen years; Pittsburgh has been my home for fifty-five years. There is nowhere else I would rather make my contribution.” A resident of Forest Hills, Gormley holds a B.A., summa cum laude, from the University of Pittsburgh and a J.D. from Harvard Law School.

Ken Gormley, Dean of Duquesne University School of Law

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Another Female Frontier Conquered: Duquesne University’s Chair of the Board By Stefanie Flick It is no longer uncommon to find a female judge, lawyer, or executive. However, modern women are still pioneering, establishing themselves in new positions throughout the profession. For the first time in Duquesne University history, a woman will be leading the way. On July 1, 2010, Marie M. Jones will begin her term as the first female Chair of the Board of Directors at Duquesne University. Even more impressive than her new position was her unanimous election by the other members of the board. When asked about her motivations to hold such a position, a smile gracefully crossed Marie M. Jones her face. “Duquesne is a very special place for me,” she said as she explained how she had met her husband at Duquesne and enjoyed a wonderful six years at the university. “I knew very early on that I wanted to pursue a legal career,” Jones said. She participated in Duquesne’s unique “three-three” early admissions program, available only to exceptional students, in which the last year of undergraduate education is also the first year of law school. Jones’ election as Chair is not the first time Jones has made history. In 1998, she became the youngest female managing attorney of a major law firm in Pittsburgh. She began her legal career at the law firm Meyer Darragh Buckler Bebenek & Eck, PLLC, where she continues to work today. She specializes in civil rights, employment, and commercial litigation. “I like the challenge of the legal issues in that area of the law because it lends itself to strong advocacy – a good advocate can make a big difference,” Jones said. She has been listed in Pennsylvania’s Super Lawyers magazine every year since 2004. Duquesne Law School’s Women’s Law Association named her Woman of the Year in 2002. Additionally, in 2007, she was honored as Oakland Catholic’s Leading Lady. Jones’ most recent honor came in the form of a “legal oscar,” the Susan B. Anthony Award from the Women’s Bar Association. The award is the Association’s most prestigious award given once a year to a leading woman in the legal field who exemplifies exceptional qualities among women and for women. Jones was nominated by Judge Donetta Ambrose. “It is very significant to me because it’s your women peers that select you,” Jones said. Moreover, Jones has been actively involved with Duquesne for many years. From 1997 to 2001, she served as the President of Duquesne’s Alumni Board of Governors. She then served on

Duquesne’s Board of Directors as Vice Chair from 2006 up until her recent election as Chair. In 2008, she was inducted into Duquesne University’s Century Club of Distinguished Alumni. “It is rewarding to be counted among an elite crowd from my alma mater,” Jones said.  A few years ago, Jones decided to relinquish her position as Managing Partner in order to, “spend more time with Duquesne and my clients.” She recognized that what she specializes in is a tough area of the law because it deals with issues that are very personal to people. This was a factor in deciding that it was time to concentrate more on the aspects of her life that were most important: family, happy clients, and giving back to Duquesne University. Jones’ duties as Chair will include representing the Board in relation to the Spiritan Fathers, President Charles Dougherty and the Duquesne community. Jones’ focus is to “effectively communicate to the Board a desire to maximize the potential of [these relationships] and to support the strategic plan of the university so we can continue to excel.” Although this plan seems simple, it is anything but. As the United States’ only Spiritan University, the strategic plan for 2010-2015 is vast and challenging. Duquesne’s overreaching goals include: continuing to emphasize the Spiritan identity and mission, further enhancing the quality of the student experience, and further developing its national reputation for academic excellence. The first step in Jones’ approach to achieving these goals is to listen. Afterward, she will make a final decision. “I am not afraid to make decisions, but before I do so, I like to get as much information as possible.” Jones said. She is confident that “the Board, comprised of a great group of people – very interesting and from all over the country,” has competent, qualified individuals who will make her duties more manageable. Jones is a prominent female pioneer with management and decision-making experience. As a dedicated leader for the school, Duquesne University will be in good hands. “Duquesne has always had a special place in my heart and always will. I’m proud of how it has grown and how it is now nationally ranked,” Jones said. “This is why I want to give back.” Stefanie Flick is a third-year evening student. She earned her undergraduate degree cum laude from the University of Pittsburgh. She can be contacted at Stefaniemflick@yahoo.com.  

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President Charles Dougherty, Charles Hamilton Houston, Jr., Dean Ken Gormley, and John Marshall

Living Legends – Sons and Fathers: An Afternoon with John Marshall and Charles Hamilton Houston, Jr. By Vivian B. Taylor Duquesne University School of Law, along with the Homer S. Brown Law Association as co-sponsor, hosted Living Legends on Tuesday, February 23, 2010, at the Power Center Ballroom. Living Legends brought together the sons of two of the most significant civil rights figures in American history—Justice Thurgood Marshall and Charles Hamilton Houston. Justice Marshall was the attorney who argued the case of Brown v. Board of Education of Topeka, KS1 before the Supreme Court, and then later became the first African American justice to sit on the Supreme Court. Charles Hamilton Houston was teacher and mentor to Thurgood Marshall—first at Howard Law School and then at the National Association for the Advancement of Colored People (NAACP) where Houston was litigation director. Houston was the first African-American editor of the Harvard Law Review and later was dean of Howard Law School. Mr. Houston is known as “The Man Who Killed Jim Crow”2 for playing a part in nearly every civil rights case before the Supreme Court from 1930 up to and including Brown. John Marshall and Charles Hamilton Houston, Jr., appearing for the first time on the same stage to discuss their respective fathers, joined Duquesne Law School’s own Dean Ken Gormley, the discussion’s moderator. Marshall, the youngest son of Thurgood Marshall and his wife, Cecelia, served as director of the United States Marshals Service under President Bill Clinton; he was the first African American to hold this post. From 2002 until 2009, Mr. Marshall served as Virginia’s Secretary of Public Safety. Just recently, Mr. Marshall was appointed as consultant to the Thurgood Marshall College Fund. Charles Hamilton Houston, Jr., is the only child of Charles Hamilton Houston. He has spent much of his career studying the advancement of racial justice in the United States. After his BSBA degree from Duquesne, Houston, Jr., earned a Master’s in history from the University of Pittsburgh. Dean Gormley felt this was a perfect time to bring these two gentlemen together because “there was no better way to 6

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learn about this important piece of American history than to hear about it from the children of these two men, who had a special window into their [fathers’] lives and accomplishments.” Ms. Jeanine DeBor, JD, director of alumni relations, coordinated and advertised Living Legends as an afternoon event open to the public, including to local Pittsburgh high schools. By all accounts, the event was a success. Over 400 guests enjoyed a question and answer panel with Mr. Marshall and Mr. Houston. Living Legends was also a backdrop for the national premiere of a 15-minute film showcasing the achievements of Justice Thurgood Marshall and Charles Hamilton Houston, introduced and narrated by their sons. The film will be donated to the Brown v. Board of Education National Historic site in Topeka, Kansas. Mrs. Cecelia Epperson, who is wife of David Epperson, former dean of the University of Pittsburgh School of Social Work, and who attended the February event, commented that she had heard about Mr. Houston, but did not realize his “great impact on the work of Justice Marshall.” Mr. Houston orchestrated his entire legal career as a campaign to end segregation in public education. Houston chose to focus first on segregation in the graduate and professional schools, specifically state universities, with the intent to work his way to elementary schools. Focusing on state universities kept the fight in federal courts in order to attack segregation on the argument that segregation in the schools was unconstitutional in violation of the Fourteenth Amendment. Eventually, Mr. Houston hired his former student Thurgood Marshall to work for the NAACP because the NAACP’s workload of fighting educational segregation was increasing. Mr. Houston worked tirelessly on his passion to have segregation in schools abolished, but was not able to actually witness the pivotal case of Brown be argued and won by his prodigy. Charles Houston died of a heart attack in April 1950 not knowing the outcome of Brown but believing that his work was not in vain.


Thurgood Marshall argued Brown before the Supreme Court in 1952 and 1953, taking over the case where Charles Houston left off. Mr. Houston, Jr., reminisced that he remembers the swearing-in ceremony for Justice Marshall as the first African-American jurist to sit on the Supreme Court with a twinge of “that could have been my father” and “that could have been me playing around in the Supreme Court chambers instead of John [Marshall].” However, he believes that the two sons will forever be linked. Mr. Houston, Jr., considers Justice Marshall “a personification of his father.” John Marshall said several times that “without Charles Houston my father would not have made it to the heights he did in his career.” John Marshall noted that he does not remember his father ever accepting any accolade without mentioning and thanking Mr. Houston. The Black Law Students Association was pleased to host a private luncheon for the guests. Students gave accounts of how they chose Duquesne Law School and talk about their immediate plans. Some of the discussion centered on students’ experiences with local schools in their respective neighborhoods or hometowns. It is sad to report that, in today’s post-Brown era, disparities still exist in some neighborhoods. When asked what they thought about these disparities, Mr. Marshall and Mr. Houston, Jr., agreed that although Brown and subsequent civil rights successes have integrated schools, what this nation is now experiencing is a social and economic segregation. Mr. Marshall said, “It is important that these topics we discussed today continue to be discussed so that solutions can be addressed.” Shawn Martin, a second-year evening student, said,

“It was a momentous occasion to sit and chat with Mr. Houston and Mr. Marshall. Without the efforts of their fathers, I can’t help but think that I may not have had the opportunity to pursue a degree in higher education. Their fathers were champions for civil rights, and I am glad to have had the opportunity to personally extend a thank you to both men.” Following the afternoon event, an invitation-only dinner was held at the LeMont restaurant to help raise scholarship funds for minority students at the law school and for the Thurgood Marshall College Fund. At dinner, Dean Gormley announced the Charles Hamilton Houston Scholarship that Duquesne Law School will award to two Fall 2010 incoming minority students. These scholarships will provide funds to support living expenses beyond tuition for a full three years thanks to these generous benefactors: former Duquesne Law School Dean Ronald R. Davenport; Robert N. Pierce, Jr., Esquire; Anna and Ed Dunlap, Culinary Concepts of Pittsburgh; the Homer S. Brown Law Association; Duquesne University Chancellor John E. Murray, Jr.; and The Perlow Family Foundation.

John Marshall, Dean Ken Gormley, and Charles Hamilton Houston, Jr.

The public will forever memorialize Justice Thurgood Marshall and Charles Hamilton Houston alongside other trailblazers like Martin Luther King, Jr., Malcolm X, and now, President Barack Obama. These men were instrumental in advancing the awareness and improvement of civil rights issues in the United States. Mr. Houston, called “Bo” by his dad, was very young when his father passed away, and remembers only snippets about his father. What he does remember is what others have told him and what he has learned through his own work in civil rights. However, he is most proud when he sees not just the work that his father has done, but also the exponential residuary of that work. Bo realizes that his father “was a visionary, a master, and a progenitor of today’s civil rights movement” in the United States and internationally. About his own father, Mr. Marshall recalled that, “When Dad was at home, he was very much the family man. You could tell when he had a tough case to work on because you could see that he was there but seemed to be thinking about being elsewhere.” Mr. Marshall went on to say that mostly he will remember Thurgood Marshall “as Dad being Dad.” The dean felt that the whole day exceeded his expectations, from beginning to end. He stated that he is “thankful to the Homer S. Brown Law Association for co-sponsoring the event, and to the Black Law Students Association at Duquesne who provided me with so much enthusiastic support and assistance.” It truly was a day to be remembered. Vivian B. Taylor is a third-year student graduating in June 2010. She has an interest in non-profit community redevelopment work. She holds an MBA and BSBA from the University of Phoenix, AZ, with a professional background in Administrative Management and Human Resources. She is the president of the law school’s Christian Legal Society and the Evening Students Liaison with Black Law Students Association.

Endnotes

1 347 U.S. 483 (1954). 2 The Jim Crow laws were state and local laws enacted between 1876 and 1965 that mandated racial segregation in all public facilities, with a supposedly “separate but equal” status for Black Americans.

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Duquesne Law Looks to

Expand its Horizons in Ethiopia By Ashley Owens For 17 years, Tsegaye Beru, the Assistant Director for Public Services at Duquesne Center for Legal Information, has been working on setting up a program in Ethiopia for Duquesne University’s Law School. If all goes as Beru hopes, this program between Duquesne and the Addis Ababa University School of Law, located in Addis Ababa, the capital city of Ethiopia and the seat of the African Union, and the Mekelle University Law School in Tigray State will be implemented by 2011. Ethiopia is described by Beru as a “democracy in its infancy stage.” Beru believes that Duquesne is the perfect university to help Ethiopia grow into a strong democracy. According to Beru’s plan, Duquesne would assist by sending both faculty and students to Ethiopia. The faculty exchange program would be only a one-way exchange at first. After preparing their teaching plans, Duquesne faculty would go to either the Addis Ababa University School of Law or the Mekelle University Law School and teach. Eventually, the exchange would become reciprocal and Ethiopian professors could come to Duquesne. The summer program for law students is slated to begin in the summer of 2011. Beru looks forward to adding Ethiopia to the other summer study abroad options. Beru says Ethiopia is a lot of fun and has many unique, historical places, as well as an exciting nightlife and some safari. Aside from the social aspects, students will be able to experience the development and fostering of a growing democracy first-hand. Additionally, Beru plans for Duquesne to become heavily involved in the judicial system in Ethiopia. Currently, the Ethiopian laws are in English, but the court opinions are in Ethiopia’s official language. This poses obvious problems. Ethiopia also lacks an accessible court reporting system. Duquesne previously sent Ethiopia around $300,000 worth of legal books, which Beru was happy to see on the shelves during one of his visits to the country. Beru has also assisted in setting up a twoyear HeinOnline subscription for the law schools in Ethiopia. This 8

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Tsegaye Beru and the Deputy Justice of the Federal Supreme Court of Ethiopia

has provided the legal students and professionals in Ethiopia access to legal resources and has made legal researching and writing much less complicated. Another advantage of the subscription is that the Ethiopian students and professionals are able to see what the rest of the world is publishing. The only obstacle left is the ability to finance the programs. Beru is currently awaiting approval on a budget that he submitted to Duquesne. Unfortunately, after 17 years of hard work and patience, Beru is faced with a financial crisis to overcome. In order to bolster his plan, Beru plans to send letters to other law schools to aid in funding the program and to develop interest among alumni. Beru hopes to obtain funding to visit Ethiopia this summer in order to have Dean Ken Gormley and the deans of the Ethiopian law schools sign a memorandum of understanding. Beru believes that once this memorandum is signed, both sides will be committed completely and will find a way to make the program work. Beru visited Ethiopia in the summer of 2007 on an exploratory mission. Beru and Professor Kirk W. Junker returned to Ethiopia again in the summer of 2009 and held talks with the president, deans and law professors at Mekelle Addis Ababa Law Schools. If you are interested in the Law School’s new Ethiopia initiative, please contact Tsegaye Beru at beru@duq.edu or 412-396-4423. Ashley Owens is a second year student. She is a Chief Staff Writer for Juris, a board member of the Public Interest Law Association, and a member of the Women's Law Association. Ashley received her undergraduate degree from the University of Dayton. She can be reached at owensao@gmail.com.


Duquesne University Moves One Step Closer Toward Maximizing Educational Diversity By Krista Bartolomucci Duquesne University was founded in 1878 by the Holy Ghost Fathers (now known as the Spiritans), a Roman Catholic congregation of priests, lay brothers, and lay associates who have a rich history of serving the poor. The Spiritans recognized at inception the pressing need to minister to freed slaves in Africa. This connection with Africa has grown over the years with approximately half of the current Spiritan population being either African or having worked in Africa. Recognizing the strength of this ongoing relationship, several faculty and staff members of diverse constituencies throughout the University met to discuss ways for the University to further expand its presence in Africa. This focus is a part of a five year strategic plan recently adopted by the University’s Board of Directors. One particular focus for this plan may lie in the country of Tanzania, where a long-standing relationship exists between American and Tanzanian Spiritans. In addition, it is hoped that some form of partnership may be possible between Duquesne and St. Augustine University in Mwanza, a city in northwest Tanzania. To prepare for this new opportunity, some members of the Duquesne community met with Duquesne alumnus General Michael Hayden, former

Duquesne University Loses Distinguished Alumnus and Founder of Juris By Charles E. Evans, L’67 J. William (Bill) McLafferty, A’65 and L’68, died January 15, 2010, in Santa Barbara, California, following a one-month illness. Bill left Pittsburgh in 1972 for California where he enjoyed a successful practice in civil law and litigation. He received a gubernatorial appointment in 1997 to the Superior Court of Santa Barbara where he served until the time of his death, having been twice elected and having served as Presiding Judge. Judge McLafferty was admired and was known for promoting an effective case management alternative dispute resolution program.

director of the Central Intelligence Agency, to discuss broad issues in Africa such as political stability, security, U.S. government relations, and potential forms of future partnerships. A second meeting will be held with Catholic Relief Services, an organization that has directly helped nearly 2 million people through diverse and innovative programs, to discuss the potential effect of international aid in Africa, the presence of the Catholic Church, Catholic Relief Services’ previous successes and failures and potential partnership agreements with Catholic Relief Services. In May 2010, a number of deans, Spiritans, and faculty members from the University will visit Tanzania with the hope of developing relationships with the ministries of the Spiritans who are providing healthcare and education there. Additionally, other forms of engagement throughout the whole continent of Africa, from research projects to faculty exchange opportunities, will be considered. Krista Bartolomucci is a second year student. She is the vice-president of Christian Legal Society and a member of the Military Law Society. Krista received an undergraduate and graduate degree from Duquesne University. She can be reached at bartolo1@duq.edu.

During his law school years, Bill founded Juris. Bill couldn’t understand why such a fine law school didn’t have a student publication so he started one and bestowed the name Juris on the fledgling magazine. With virtually no budget and little staff, Juris attained the early distinction of being selected as the best overall law school magazine by the American Bar Association. Bill grew up in New Brighton, Beaver County, and worked in grocery stores and steel mills to earn his way through college and law school. Admirably, he had compassion for the underprivileged which he carried through in his career and community activities. Anyone who knew Bill, as I did, was well aware of his love for Duquesne, his commitment to the law and his absolute devotion to his family. Bill McLafferty was a good person and a role model for all. He is survived by his wife of 28 years, Carol Briano McLafferty, three daughters and a son. He will be missed.

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A UPMC Children’s Hospital nurse assists Haitian children

International Adoptions:

The Haitian Effect By Rachel Roney & Jessica Troy

On January 12, 2010, a devastating 7.0 magnitude earthquake paralyzed the already impoverished country of Haiti, leaving over 200,000 people dead and hundreds of thousands without homes. With the epicenter striking near the country’s capital of Port-au-Prince, many of the central governmental offices were left in ruins. Without access to key documents and facilities, the thousands of children orphaned by Mother Nature’s fury were faced with uncertain futures. UMPC’s Children’s Hospital was given a mere 48 hour notice that the McMutrie sisters, Jamie and Ali of Ben Avon, were trying to bring 54 Haitian orphans, who were under their care at

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the BRESMA orphanage in Port-au-Prince, home to Pittsburgh. On January 19, 2010, a week after the destructive quake, the sisters and 54 Haitian orphans arrived at Pittsburgh International Airport. Teams were sent on busses to relieve the sisters and help transport the orphans to Children’s Hospital. Children’s Hospital had the task of facilitating the children’s medical clearances. These medical clearances are vital to the completion of any international adoption. With over 50 children to examine, ranging in ages from 11 months to 12 years, the staff at Children’s had an arduous task to complete in a short amount of time.


Once the children were initially examined, they were taken to a comfort room set up in the auditorium. Through the aid of the hospital personnel and generosity of various groups, including the American Red Cross and Catholic Charities, the children were cared for. Nurses were providing round the clock support as doctors continued to examine them. Diane Hupp, RN, MSN, Vice President & Chief Nursing Officer of Children's Hospital of Pittsburgh of UPMC, explained, “It was a whole team effort - everyone pitched in. …The priority of the nurses, medical care aside, was to provide the children a safe, comforting environment.” The nurses tended to basic needs of the children, bathing and feeding them, assisting in the children’s transition to a completely new and different culture. Translators were on site to help facilitate this process. Out of the 54 orphans brought to Pittsburgh, 41 were already in the process of being adopted prior to the quake. Lengthy eligibility requirements, poor communication between government offices and travel difficulties are all factors leading to long adoption processes in Haiti. Frequently, from start to finish, a Haitian adoption can take up to three years. In the case of the 54 orphans in Pittsburgh, homeland security, governmental officials, and judges all contributed to finalizing and expediting the usually drawn-out adoption process. Attorney Brooke B. McMorrow, a Pittsburgh Family Law attorney who regularly handles adoptions both internationally and domestically, views time as the most difficult pill for most families adopting internationally to swallow. “The hardest part is the waiting, waiting until you know the child is officially yours,” she said. “In the back of these parents' minds they are concerned that something will go wrong and they will lose their child.” Attorney McMorrow believes that the news coverage of those children orphaned by the Haiti earthquake could bring some much-needed change to the adoption laws.

"The countries that permit international adoptions should revisit and lighten some of these restrictions.” She noted that although some restrictions are necessary to ensure the safety and well-being of the adoptees, many are merely red tape. According to statistics released by the U.S. Department of State, international adoptions by families in the United States hit an all-time high in 2005. Since then, the rates have shown a steady decrease with approximately 10,000 fewer adoptions in 2009 than at the peak in 2005. With the immense devastation and subsequent national news coverage of the earthquake in Haiti many eyes have been opened to the needs of children on an international level. For Pittsburghers this disaster has brought a renewed interest in adopting from these impoverished countries, with hundreds of adoption inquiries made surrounding the local news coverage of the children from the BRESMA orphanage. Diane Hupp put it simply when describing her experience with the 54 Haitian Orphans brought to Children’s Hospital, “It was an extremely gratifying experience.” Rachel Marie Roney is a third year law student. She is the Productions Editor of Juris, Vice-President (Day Division) of the Student Bar Association and Co-President of the Women's Law Association. She is a member of the Phi Alpha Delta Legal Fraternity, Public Interest Law Association, Criminal Law Society, Corporate Law Society, and Sports and Entertainment Law Society. Rachel received her undergraduate degree in Communication Summa Cum Laude from Bethany College in 2007 and is set to graduate from Duquesne School of Law in June of 2010. She can be reached at rachelroney@gmail.com. Jessica Troy is a third year law student. She is the Managing Editor of Juris, a Senator of the Student Bar Association, and a member of the Women's Law Association. Jessica received her undergraduate degree from The Pennsylvania State University. She can be reached at troy9730@duq.edu.

A Student Bar Association Update n This

semester, we held the annual Barrister’s Ball. At this formal event, students experienced a fun filled evening over dinner and dancing. They also networked with alumni and faculty members.

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sponsored multiple fundraisers for the Leukemia and Lymphoma Society. These events included social events throughout Pittsburgh and raffles and donations from bar preparation courses.

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sponsored a blood drive in February, which raised approximately 40 donations for Central Blood Bank.

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assisted Judge Woodruff in his essay contest labeled “Do the Write Thing.” In this contest, students from Pittsburgh middle schools wrote essays explaining how youth violence has affected them and how they intended to alleviate the problem.

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assisted the Law School in prominent events such as the Living Legends program, where the sons of Charles Hamilton Houston and Justice Thurgood Marshall spoke of the work of their fathers.

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Investing In the Future: CONSOL Promotes Alternative Methods For Reducing Harmful Emissions

By Tim Miller The debate over carbon dioxide emissions and climate change will significantly impact government policy and the economy over the next ten years. Consol Energy Inc. is one the largest coal mining and coal producing corporations in the United States. Juris Magazine contacted Nicholas J. DeIuliis, Chief Operating Officer of Consol Energy and a 2002 Duquesne Nick DeIuliis, University School of Law graduate, to Consol Energy discuss climate change, government action regarding carbon emissions, and specific methods for reducing CO2 emissions. One such proposed method, known as carbon capture and sequestration (CCS), reduces fossil fuel emissions by capturing CO2 from sources, such as a power plant, either pre-combustion or post combustion. After capturing the CO2, it is pumped deep into the Earth’s surface into depleted oil reservoirs or other geological crevasses. The carbon dioxide will have no impact on the climate. “CCS technologically is absolutely do-able, and we’ve demonstrated similar processes in different industries,” DeIuliis said. “It’s, however, going to cost a significant amount of money, and the people that will end up bearing the cost are the rate payers.” DeIuliis estimates the cost of CCS technology will range anywhere from $25 - $100 per ton of carbon dioxide captured. “That’s a significant cost adder if you want to translate the dollar per ton of CO2 into a dollar of megawatt hour increase in power cost for the rate payer,” DeIuliis said. Whether carbon capture serves a significant role in reducing carbon emissions ultimately depends on the debate in Washington.

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“There is discussion in Congress whether CO2 is a health risk. CCS falls right within the debate. If we feel that CO2 isn’t a health issue, then we really don’t need to worry about CCS. If it is a health issue, CCS is going to have to play a major role,” he said. Deluliis also believes the science of climate change is “in danger of becoming political science.” “That is certainly the track we are on. The law needs to reflect and always be focused on the science. What was global warming is now climate change,” he said. “The data showed that the planet isn’t heating, so it’s now called climate change. We need to get back to an objective view of the science.” The Environmental Protection Agency (EPA) recently determined that CO2 poses a hazard to public health, thus allowing the agency to regulate CO2 emissions. The Clean Air Act allows the EPA to regulate any industry that emits over 250 tons per year of any compound that is considered a public health hazard. The CO2 ruling is similar to a 1990 finding regarding sulfur dioxide and acid rain. “When you do that with sulfur dioxide that only affects large industrial plants which can produce those levels. CO2 is a whole different ball game,” DeIuliis said. “250 tons of CO2 is absolutely nothing. Under that threshold it wouldn’t just be power plants that are regulated; it would be universities, schools, and farms. When you start to affect all these aspects of everyday life, people don’t want to be regulated.” DeIuliis was also critical of the EPA’s proposed “tailoring rule,” which allows the agency to increase the 250 ton threshold only for carbon emissions. “The EPA is going to ignore the 250 ton requirement of the Clean Air Act for CO2 only. The number they propose is somewhere between 200,000 – 250,000 tons per year. Now the farms and schools aren’t regulated,” he said. “If the EPA is saying CO2 is a health risk, and the law says 250 tons is the threshold, is


it consistent with the letter of the law to raise the threshold only for CO2? If it’s a health risk, why is it okay for the school to emit it and not okay for the power plant?” DeIuliis believes proposed carbon emission legislation, such as cap and trade, has created a political divide that is different “than any other issue we’ve seen in a generation.” “99.9% of the legislation we see comes down to partisan politics. Where you come out on these things correlates to your party affiliation. Cap and trade is different. It’s not a partisan issue, it’s a regional issue. Cap and trade will produce regional winners and regional losers,” he said. “The winners, the areas where the revenues and subsidies exceed the cost of compliance with the bill, are the seaboards of New York and California. The losers are going to be the rest of the country. The cost will far exceed any benefit they receive from the program. The House version is population driven by states like New York and California, and it barely passes the House because of those beneficiaries having a lot weight with regard to votes.” DeIuliis believes if Congress proceeds with legislation that significantly reduces CO2, the cost will be substantial. “It’s going to be a cost that we are all going to pay. What you are doing is taking the most basic building block of our

economy, energy, and you are going to significantly increase the cost of that generation of energy in two ways,” he said. “You’re going to significantly increase the cost of coal and natural gas production, but also you’re going to be developing other aspects of energy generation that are much higher in cost. The fact of the matter is that wind and solar cannot compete with coal and natural gas, and their costs are prohibitive. So we subsidize them, but subsidies cost, and the people will pay for the subsidy through taxes.” While the debate over climate change continues, DeIuliis believes more research is needed. “Anybody who says they definitively know one way or another is trying to simplify this issue way beyond the complexity it deserves,” he said. “We still don’t know whether scientific objective analysis is going to say whether CO2 is a health hazard or not. Once we have the science right then we can make a decision.” Tim Miller is a second year student. He is a chief staff writer for Juris. Tim received his undergraduate degree from American University. He can be reached at millert1@duq.edu.

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Investing In the Future: Sierra Club Urges the Nation to Move “Beyond Coal”

By Daniel P. Craig The political and public debate over what, if any, action should be taken to mitigate the effects of global warming has intensified in recent years. Many scientists are convinced that the rise in average temperatures is caused by increased concentrations of greenhouse gases in the atmosphere as a result of human activities such as the burning of fossil fuels and deforestation. Nicholas J. DeIuliis, Executive Vice President and Chief Operating Officer of CONSOL Energy Inc. and President and Chief Operating Officer of CNX Gas Corporation, held a Lunch n’ Learn event at Duquesne University School of Law on November 23, 2009. DeIuliis, a 2002 graduate of Duquesne Law, discussed clean coal technology and provided those in attendance with the coal industry’s position on the national debate surrounding energy and the environment. Juris Magazine contacted James Gignac, a 2004 graduate of Harvard Law School and the current Midwest Director of Sierra Club’s “Beyond Coal” campaign, to weigh in on the debate and provide the perspective of the nation’s oldest and largest grassroots environmental organization. At the event in November, DeIuliis touted carbon capture and sequestration technology as a method of deriving clean, environmentally friendly energy from coal. But Gignac describes the phrase “clean coal” as “an oxymoron” equivalent to the phrase “safe cigarettes.” “The fundamental problem to start with,” he said, “is that coal can never be clean. Even if we figured out a way to scrub out all of the air pollution or safely capture all of the carbon emissions from burning it or gasifying it, we still have to dig the coal out of the ground. We still have to dispose of the toxic material that’s left over, whether it’s ash or slag, and put it into landfills and impoundments where our water resources are at risk. So the phrase ‘clean coal’ in our view is simply a marketing slogan that was invented by the coal industry and advertising executives.”

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In 2007, The U.S. Supreme Court held in Massachusetts v. EPA that the Clean Air Act gives the Environmental Protection Agency (EPA) the authority to regulate carbon dioxide and other air pollutants associated with climate change. Gignac praised the EPA for “doing its job” and “moving forward on the Supreme Court’s decision.” He also addressed the EPA’s proposed “tailoring rule,” which would establish new, elevated thresholds for greenhouse gas emissions that define when Clean Air Act permits would be required for new or existing industrial facilities. DeIuliis called the proposed rule “politically motivated” and questioned whether it is “consistent with the letter of the law.” But Gignac disagrees. “The tailoring rule is a common sense approach by the EPA,” he said. “[I]t sequences the regulation so that the largest, most sophisticated sources that deal with government regulation all the time will be addressed first, as we figure out over the next few years how to include smaller but still significant sources.” DeIuliis also criticized Congress’s attempts at passing comprehensive climate change legislation as a “regional issue,” contending that the only reason the House of Representatives managed to pass a bill is that the states with the most voting power, such as New York and California, stand to benefit the most at the expense of the rest of the nation. But Gignac offered a different explanation for the small margin with which the heavily Democratic House passed the legislation. “It was a result of the enormous amount of money that the coal industry spent lobbying against this bill and that the U.S. Chamber spent doling out factual falsehoods about what it would cost to deal with climate change,” he said. “It’s definitely become a partisan issue, and the coal industry spent an enormous amount of money targeting Democrats in coal states and non-coal states that tend to rely heavily on coal generated electricity.”


But Gignac expressed optimism at the bill’s passage, calling it “an historic first step in the right direction,” but added, “Sierra Club does have a couple of serious concerns about the bill.” In his view, the bill’s downfalls are that it would negate the Supreme Court’s decision recognizing the EPA’s authority to regulate green house gases under the Clean Air Act, and it would exempt existing federal coal plants from regulation. But Gignac believes the flawed bill can be improved upon and said that Sierra Club’s focus is on passing a final bill that is “a comprehensive approach that will not only deal with green house gas emissions but put a framework in place for transforming our economy and developing our clean energy jobs.” Gignac also responded to criticisms that government action directed at addressing climate change would be cost prohibitive. “It would be an investment,” he said, “but in the long term, when you look at the cost that coal has on our economy in terms of public health impacts and environmental impacts, transitioning to clean energy would be far cheaper in the long run and would actually be an economic boost if you put the right policies in place.”

Finally, Gignac addressed CONSOL Energy’s stance that the science behind climate change is still unclear and that expending significant resources to address the problem immediately, even to develop carbon capture sequestration technology, would be misguided. “The science of global warming is clear,” Gignac said. “Every major scientific organization has acknowledged that green house gases from human sources are contributing to global warming and that we need to do something about it. That’s the bottom line, and it’s crystallized over the last couple of years that we only have a small amount of time to act.” Daniel Craig is a second year student. He is a staff writer for Juris. He is interested in environmental law. Daniel is a 2008 graduate of The Ohio State University, with a degree in English. He can be reached at craigd@duq.edu.

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A Chat with Alumnus

Art Rooney ii L’82

By Benjamin J. Steinberg Just as the National Football League’s free agency period got underway, as well as in the midst of a media frenzy regarding a certain well-known professional quarterback, Duquesne alumnus and president of the six-time Super Bowl champion Pittsburgh Steelers, Ar thur J. Rooney II, L’82, graciously agreed to sit down with Juris Magazine’s Executive Editor, Benjamin Steinberg, 3D, for an in-person interview at the Steelers Administrative Offices, located in the Southside Art Rooney II of Pittsburgh. Mr. Rooney took over the reigns as president of the Steelers organization in 2003, when his father, Dan Rooney, son of Art Rooney, Sr., “The Chief,” took on the title as chairman of the Steelers, a position previously held by Art, Sr., until his death in 1988. As president of the Steelers, Art Rooney II has the primary responsibility of running the day to day operations of one of the NFL’s most storied franchises.

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When asked about the circumstances that led him to the doors of Duquesne University School of Law, Mr. Rooney indicated that he “always had an interest in law and government,” but that it was his father, Dan Rooney, who kept telling Art II “how much time he was spending with lawyers in the football business and that he ought to become a lawyer.” Mr. Rooney selected Duquesne Law School because he had already attended The University of Pittsburgh as an undergraduate, majoring in Political Science, and wanted to remain in the Pittsburgh area in order to stay involved with the Steelers organization, which he first worked for as a ball boy during his childhood years. Mr. Rooney attended the evening program at the Law School, as he worked during the day with the club, as well as with the Allegheny County Law Department during his third and fourth years in school. Mr. Rooney noted that the first two years he attended law school “were difficult;” however, not


Mr. Rooney stated that there is no question his legal background helps him on a day to day basis as President of the Steelers.

for the typical reasons, such as dealing with the always despised Socratic Method, but due to the fact that the Steelers won two back-to-back Super Bowls in the 1978 and 1979 NFL seasons. Mr. Rooney recounted his participation in the Law School’s moot court competitions, describing them as “very interesting, helpful and fun.” While Mr. Rooney wouldn’t name his least favorite class during his tenure at the Law School, he did indicate he enjoyed his Estates and Trusts course, taught by the late Dean John J. Sciullo. Mr. Rooney described his former professor as “a great teacher, who took something that wasn’t the most interesting and turned it into an enjoyable class that you looked forward to going to.” After graduating from Duquesne Law, Mr. Rooney joined a private law firm, working in their corporate department. He remembers working on many cases dealing with the incorporation of up-and-coming cell phone companies in the early 1980s. During his early years at the firm, Mr. Rooney would frequently entertain legal questions and issues presented to him by his father regarding the Steelers club. Gradually, he took on the position as general counsel for the team, which, at the time, involved what seemed like endless negotiations of lease issues regarding the now demolished Three Rivers Stadium. Mr. Rooney was also heavily involved in issues surrounding the talks of the Pittsburgh Pirates’ move from Three Rivers Stadium to a newly proposed park in the early 1990s, which later developed into the construction of PNC Park, adjacent to Three Rivers Stadium. He was also involved in the

subsequent negotiations surrounding the Steelers’ present home, Heinz Field. Mr. Rooney stated that there is no question his legal background helps him on a day-to-day basis as President of the Steelers. He indicated that a big part of his responsibilities includes the oversight of player contract negotiations, which requires knowledge of both contract and labor law. Additionally, Mr. Rooney sits on the Labor Committee (NFL Executive Council), which is intimately involved with negotiations surrounding the NFL and NFLPA (National Football League Players’ Association) collective bargaining agreement, in flux prior to the 2010 NFL season. While Mr. Rooney could not give specific details regarding the current status of the negotiations, he indicated that a background in labor law is immensely important to him when facing the myriad of issues involved in the bargaining process. He did express that, “like most negotiations, each side has to work towards a compromise at some point. We need a system that works for all parties: the NFL, the teams, as well as the players.” Mr. Rooney also discussed the “Rooney Rule,” which was proposed by his father, Dan Rooney, who served as the chair of the NFL Diversity Committee, set up by former NFL Commissioner, Paul Tagliabue. The rule went into effect throughout the NFL in 2003. The rule “grew out of a

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recognition that the process [the NFL] had was not giving a fair opportunity to minorities” to enter coaching jobs in the league. He believes that the rule has “worked pretty well,” stating that, “the results speak for themselves.” Opportunities for minority coaches have increased quite steadily since the rule was put into place. As to the recent restructuring of the ownership of the Steelers club, Mr. Rooney indicated that he was extremely happy to have the legal background he does, simply for the fact that there were a plethora of lawyers involved in the process. He remembered thinking to himself, “how difficult it would have been if I did not have a legal background during those negotiations.” Mr. Rooney still serves in an “of counsel” capacity with the law firm of Buchanan, Ingersoll & Rooney, where he maintains an office. He continues to be proud to be associated with the firm and enjoys the time he does get to interact with his friends and colleagues there. When asked whether he foresees political aspirations of his own in the near or distant future, especially in light of his lifelong interest in politics and his father’s recent appointment to Ambassador to Ireland by President Obama, Mr. Rooney responded that he does not anticipate getting into politics any time soon. He indicated that he was honored to be considered by former Pennsylvania Governor Bob Casey to fill the seat of the late U.S. Senator, John Heinz, who was killed in a plane/ helicopter collision in 1991, but respectfully declined further discussions due to his heavy involvement with the Steelers at the time. Now that Mr. Rooney’s responsibilities with the team have increased since his move to President of the club, a Rooney II ticket seems highly unlikely any time in the near future. Mr. Rooney’s advice to soon to be law school graduates who are interested in sports law, or working for a professional sports organization, is to first “become a good lawyer” in whatever field you can, as there are a myriad of legal issues

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involved in the sports world and walking into a professional sports club as a licensed attorney with no experience as an attorney is, well... as close as to impossible as you can get. Finally, when asked which Super Bowl win felt better during his time as president of the Steelers, Super Bowl XL or XLIII, he stated that, “They’re all great. It’s hard to pick one out. They’re all special. It’s a little bit different every time,” and you have “a little bit of a different group of people, which makes it special. Working with a team of people and getting to the top of that mountain is a great challenge and a great feeling when you get there.” Mr. Rooney confirmed that the Law School continues to diligently send him issues of Juris and that, despite his extremely busy schedule, he does get a chance to thumb through the issues when they arrive. Hopefully Mr. Rooney will get the chance to thumb through this issue, as Juris, as well as the faculty and students of Duquesne Law School, extend their utmost appreciation to this distinguished alumnus for taking the time to sit down and discuss his experiences at the Law School and how his legal education has helped him in all facets of his storied career. Juris wishes Mr. Rooney and the whole Steelers organization the best in the upcoming 2010 football season. Here we go Steelers, here we go! Benjamin Steinberg is the Executive Editor of Juris. Ben earned his undergraduate degree in Criminal Justice from the University of Delaware in 2004 and is set to graduate from Duquesne Law School in June of 2010. He has been employed as a law clerk with Caroselli, Beachler, McTiernan & Conboy in Pittsburgh since May 2008 and is currently working on supplements for both the Maryland and District of Columbia editions of “Trial Handbook for Lawyers,” authored by Attorney Jacob A. Stein. He can be reached at benduqlaw@gmail.com.


Three Tests for theSupreme Court By Senator Arlen Specter / Introduction by Benjamin Steinberg Pennsylvania Senator, Arlen Specter graciously agreed to provide to Juris an article of his own authorship in light of the recent Senate Judiciary Committee Hearings regarding the appointment of Supreme Court Justice Sonia Sotomayor by the Obama Administration. Senator Specter has, in the past, contributed to Juris, specifically in the Winter 1988 issue, where he also addressed issues surrounding the selection of a Supreme Court justice. That article focused on his opposition to the appointment of Judge Robert H. Bork to the U.S. Supreme Court by the Reagan Administration in 1987. For this issue of Juris, the senator addresses his views regarding the Supreme Court’s declining case load, the possibility of broadcasting oral arguments, and his opinion that the Court continuously minimizes Congress’s fact-finding role.

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Senator Arlen Specter

Justice Sonia Sotomayor’s presence on the Supreme Court of the United States has opened the way for the Court to deal with three issues that are of defining character for its future and the public’s perception of its functions. I refer to the Court’s declining caseload, its refusal to allow television coverage of oral argument, and its oft-expressed rejection of, if not outright contempt for, Congress’s fact-finding role. As a start, Justice Sotomayor’s extensive experience deciding hundreds of non-discretionary cases at the trial and intermediate appellate level gives hope that she will vote in favor of granting certiorari in more cases than the Supreme Court hears at present.

Declining Caseload Those who study the Court note that its docket has declined in recent decades because it grants fewer writs of certiorari than it did in the past. The rejection of significant cases, often with no more than single-sentence denials, occurs at the same time the Court’s caseload has dramatically decreased, the number of law clerks has increased, and Justices are observed lecturing around the world during the traditional three-month summer break. During his Senate confirmation hearing, Chief Justice John G. Roberts, Jr., said the Court “could contribute more to the clarity and uniformity of the law by taking more cases.” The number of cases decided by the Supreme Court in the 19th century shows the capacity of the nine justices to decide more cases. According to Edward A. Hartnett, Professor of Constitutional and Public Law and Service at Seton Hall University: “…in 1870, the Court had 636 cases on its docket and decided 280; in 1880, the Court had 1,202 cases on its docket and decided 365; and in 1886, the Court had 1,396 cases on its docket and decided 451.”

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The downward trend of decided cases is noteworthy since 1985 and has continued under Chief Justice Roberts’ leadership. The number of signed opinions decreased from 161 in the 1985 term to 67 in the 2007 term. In the 2008 term, the number was only slightly higher at 75. As a result of its declining caseload, the Court has left undecided circuit court splits of authority on many important cases involving such issues as mandatory minimums for use of a gun in drug trafficking, construing the honest service provisions of fraud law, and the propriety of a jury consulting the Bible during deliberations Of equal or greater moment are the high-profile, major constitutional issues that the Court has refused to decide involving executive authority, congressional authority, and civil rights. A noteworthy example was the Court’s refusal to decide the constitutionality of the Terrorist Surveillance Program, which pitted Congress’ authority under Article I to establish the basis for wiretaps under the Foreign Intelligence Surveillance Act against the President’s authority as Commander in Chief to order warrantless wiretaps. It takes four Justices to grant certiorari under the Court’s rules. Perhaps the time has come to cut the number to three, or even two Justices. Americans have a right to expect the Court to resolve important legal and constitutional questions, and Justices should not shirk their responsibility to do so. Rejecting cases may provide cover to Justices unwilling to risk either affirmation or reversal of a case by the full Court, but it leaves unresolved important issues of law.

Television In an electronic age where the public obtains much, if not most, of its news from television, there is a strong case for the Court to join the U.S. House and Senate in allowing televised oral arguments. As a public institution, the Court should be available to all Americans, not just the select few who can travel to Washington. Even the United Kingdom’s highest court recently allowed cameras into its courtroom.. Former Justices have recognized the value of transparency. Chief Justice William Howard Taft wrote that “Nothing tends more to render judges careful in their decisions…than the consciousness that every act of theirs is subject to the intelligent scrutiny of their fellow men and to candid criticism.” In the same vein, Justice Felix Frankfurter said that “If the news media would cover the Supreme Court as thoroughly as it did the World Series, it would be very important since “public confidence in the judiciary hinges on the public perception of it.” There is enormous public interest in court proceedings. When Bush v. Gore was argued, television media crowded the streets and approaches to the Court although no cameras were permitted inside the chamber. Then Senator Biden and I wrote Chief Justice Rehnquist urging that proceedings be televised and received a prompt denial. The Court did issue an audiotape in a break with precedent. Such audiotapes are obviously no substitute for television but are a step in the right direction.


Other cutting-edge questions the Court is facing include issues of congressional power; executive power; defendants’ rights – habeas corpus – Guantanamo; civil rights – oting rights – affirmative action; and the always present issue of abortion. All of these are of public interest and should be open to public scrutiny and criticism. A small group of federal district and circuit courts underwent a successful three-year television pilot program administered by the Federal Judicial Conference in the early 1990s. It is time the Supreme Court underwent similar trial, preparatory to regular television coverage. I have introduced bipartisan legislation towards this end. A move to greater openness by the Court would find public approval. A recent C- SPAN poll found that 61 percent of Americans favor televising of oral arguments. That poll is bolstered by a PublicMind poll of 1,002 randomly selected registered voters released on March 9, 2010. The PublicMind poll found that more than 60 percent of voters think televising U.S. Supreme Court proceedings would be good for democracy and found that over 66 percent of Democrats support televising the Supreme Court while 53 percent of Republicans agreed that it was good for democracy—suggesting a rare instance of bipartisan agreement.

Disregard for Congressional Fact Finding The Court’s recent lack of respect for Congressional fact finding is compromising the relationship between the judicial and legislative branches. The Court’s duty is to rule on issues of law and constitutionality. While individual Justices have said they would defer to Congress’s fact finding role, pointing to a lack of resources and competence to do so on their own, the Court has frequently followed a different path, as it did when it struck down civil liability provisions in the Violence Against Women Act (United States v. Morrison) and the Americans With Disabilities Act (Alabama v. Garrett). In the case of the Americans With Disabilities Act, the Court said that Congress had failed to “identify a pattern of irrational state discrimination in employment against the disabled” despite evidence from some 30,000 witnesses who testified at congressional field hearings in every state to more than 300 examples of discrimination by state governments. In a separate 5-4 opinion upholding Title II of the Americans With Disabilities Act, Justice Scalia issued a blistering dissent calling the Court’s recently adopted standard for assessing the constitutionality of remedial legislation enacted under the civil-rights Amendments—the “congruence and proportionality”

Senator Arlen Specter and Justice Sotomayor Spring 2010

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The Court needs to recognize the Congress’s unique ability to find fact and pass legislation. Congress, for its part, needs to jealously guard its institutional prerogatives and the legislative branch’s public policy and fact finding competencies.

standard—a “flabby test” and an “invitation to judicial arbitrariness and policy-driven decision making,” adding: “Worse still, it casts this Court in the role of Congress’s taskmaster. Under it the courts (and ultimately this Court) must regularly check Congress’s homework to make sure that it has identified sufficient constitutional violations to make its remedy congruent and proportional.” During his confirmation hearings, Chief Justice Roberts testified in favor of the Court’s deference to Congressional fact finding. He said the Court lacked “institutional competence… when it comes to the basic questions of fact finding, development of a record, and also the authority to make the policy decisions about how to act on the basis of a particular record.” This welcome recognition of Congress’s prerogative did not prevent Justice Roberts from subsequently taking a swipe at the Congressional record during oral arguments on a case involving reauthorization of the Voting Rights Act. Referring to the argument that “action under section 5 (of the Act) has to be congruent and proportional to what it’s trying to remedy,” Justice Roberts said: “…one twentieth of one percent of the submissions are not pre-cleared. That, to me, suggests that they are sweeping far more broadly than they need to, to address the intentional discrimination under the Fifteenth Amendment.” Justice Roberts went on to say: “Well, that’s like the old way—you know, it’s the elephant whistle. You know, I have this whistle to keep away the elephants. You know, well, that’s silly. Well, there are no elephants, so it must work. I mean if you have 99.8 percent of these being pre-cleared, why isn’t that reaching far too broadly?” As a factual basis for the 2007 Voting Rights Act, Congress heard from dozens of witnesses over ten months in 21 different hearings. Applying the approach from Chief Justice Roberts’s

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confirmation hearing, the Court should defer to Congress’s better institutional competence at fact finding and policymaking. A still more blatant disregard of Congressional fact finding appeared early this year in Citizens United v. Federal Election Commission. A divided Court struck down a provision of the Bipartisan Campaign Reform Act of 2002 (upheld by the Court just six years ago) prohibiting corporations and labor unions from funding broadcast advertisements in support of or in opposition to a candidate soon before a federal election. As the four dissenting Justices noted, the Court disregarded a “virtual mountain” of evidence relied upon by Congress establishing that federal legislation predating the enactment of the 2002 law had failed to “avert” the electoral “corruption” caused by corporate campaign expenditures. The dissenting Justices accused the majority of showing “great disrespect for a coequal branch.” Members of Congress are irate over Court’s denigration and disrespect for Congress’s role. The Court needs to recognize the Congress’s unique ability to find fact and pass legislation. Congress, for its part, needs to jealously guard its institutional prerogatives and the legislative branch’s public policy and fact finding competencies.

Conclusion The elevation of Justice Sotomayor has given the Supreme Court an opportunity to address issues that are undermining its productivity, shrouding its deliberations in secrecy at the expense of public understanding, and roiling the waters of its relationship with Congress. In seizing the moment, the Court can help restore public faith—so sadly lacking these days—in the institutions of government, starting with itself. U.S. Senator Arlen Specter (D-Pa.) is a member and past chairman of the Senate Committee on the Judiciary. The entire staff of Juris, as well as all of the Law School, extend our gratitude to Senator Specter and the Senator’s office for agreeing to contribute this article. Introduction provided by Benjamin Steinberg, Executive Editor. He can be reached at benduqlaw@gmail.com.


From Law School Graduate to Law Firm Leader: The Stories of Lyle Dresbold, L’08, and Joe Romano, L’09 By Bridget Sedlock Lyle Dresbold, L’08, and Joe Romano, L’09, have one thing in common: they both joined experienced attorneys and became named partners of law firms right after law school graduation. Lyle partnered with his father, Joel M. Dresbold, L’74, after graduation and formed Dresbold & Dresbold, P.C. In Lyle Dresbold, L’08 law school, and even as far back as high school, where he participated in moot court competitions, Lyle had a passion for being in the court room and criminal law. Lyle knew that having the opportunity to litigate right after graduation would be extremely limited as a first year associate at a big law firm. When deciding how he could achieve his goal of litigation, he consulted with Professor Bruce Antkowiak to discuss his options. Professor Antkowiak suggested that Lyle talk to his dad about the possibility of working with him, since his father already had a private practice. Upon that advice, Lyle worked for his father the summer after his second year as a trial run. After discussing the pros and cons, Lyle and his father decided a partnership could work. Lyle mainly practices criminal and family law, but he will also take on other cases, in areas such as contracts, property, and estates. He got his wish and has had many opportunities to litigate, even trying two full jury trials. He attributes his success to his father, and claims that he couldn’t imagine doing everything he’s done this year without having someone experienced to help him. Joel, Lyle’s father and partner, said that one of the hardest challenges for him was learning to treat Lyle as a partner and not just a son. Because Lyle’s father was practicing law on his own before Lyle became his partner, Lyle was fortunate to start off with a good client base. However, Lyle did admit that advertising the law firm can be challenging. He explained that business is usually obtained through word of mouth, and that he must do a good job for clients and hope that word spreads. Lyle and his father also have a website, www.dresboldlaw.com, that they maintain to help circulate their name. Joe Romano partnered with Bruce Gelman, an attorney for whom he worked during law school. Joe feels that he fell into the partnership by accident and that it is definitely something that worked out positively for him. Joe contacted Bruce during his

second year of law school when Bruce placed an ad in Duquesne’s Common Plea looking for a student to work for him part time. Joe was looking for a job through the on campus interview program (“OCI”) at the time but was unable to secure a job through the formal recruitment process. Luckily he was offered the job that Bruce advertised in Joe Romano, L’09 the Common Plea. Joe worked for Bruce until April of his second year and had a really good experience. However, he decided to take a corporate job for the summer and quit working for Bruce. After a month and a half of being miserable at his new job, Joe contacted Bruce and asked if he could go back to work for him. Bruce accepted him back, and Joe continued to work for him during his third year. In October of his third year, Bruce brought up the idea of creating a partnership or hiring him as an associate. Joe passed the bar exam the following October, and in November the partnership of GELMAN & ROMANO, LLC. was officially formed. Becoming a partner right out of law school definitely has its challenges, along with its advantages. Lyle pointed out that as a partner, he is responsible for making sure clients pay for his service, which can pose various problems. Additionally, there are many other things that must be taken into consideration such as calculating taxes, payroll, and renting office space. Joe feels that one of the most challenging issues he faces is marketing and obtaining clients. He and his partner just recently signed up for www.gorillalawyer.com, which is a website that lists attorneys available in the Pittsburgh area with regard to their particularized practice area. Another big challenge for Joe was going from the unlimited research available through electronic databases in law school to only having a limited LexisNexis account available, which is very expensive. Joe admits that it is nice being your own boss and making your own work schedule. Interviewing Lyle and Joe gave an interesting perspective on another option for graduates, and definitely something that law students should consider, with jobs at big law firms being few and far between. Bridget Sedlock is a second year day division student. She is a 2008 graduate of Duquesne University with a degree in Elementary Education. Bridget can be reached at sedlockb@duq.edu.

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Getting Beyond the Basics with Lawyers and the Web:

The Rise of eLawyering and Virtual Law Firms It would be impossible to discuss the future of the legal profession without bringing up the impact of the World Wide Web. In 2010, the Internet is hardly what someone would consider a “new” technology, but the impact it has had on the legal profession has been particularly profound in recent years. The traditional model of a law firm’s website is changing rapidly, from one that might simply include information about the firm, partners and associates, and contact information, to fully interactive client portals that allow rapid and efficient delivery of pertinent legal services, many times at dramatically lower prices. Additionally, websites that provide “legal information” as opposed to legal advice, like Legalzoom.com, an online legal document preparation service, and Lawyers.com, which is primarily a referral service but also provides “do-it-yourself” legal forms, are heavily advertised and are becoming highly successful. “eLawyering” is a relatively new term to the legal lexicon, and its exact definition can vary. Richard Granat, the co-chair of the American Bar Association’s eLawyering Task Force and the owner of two of his own virtual law firms at directlaw.com and mdfamilylawyer.com, describes elawyering as inextricably tied to what are known as virtual law firms, or virtual law offices. “When you are talking about something that a lawyer is doing through a virtual law firm, whether it be preparing or reviewing documents, offering legal advice, etc., we are talking about an instance of elawyering” said Granat. The distinction between a virtual law firm, which offers legal advice, and sites like Legalzoom. com, which offer legal information is important. “Virtual law firms must include a client portal secured by a username and password, and within that portal they can do a variety of things,” said Granat. According to Granat, eLawyering has primarily affected transactional work rather than litigation, as the internet medium is conducive to the communication and transmission of documents. According to the ABA website, the eLawyering Task Force was created to allow lawyers “to practice in a way that allows our clients a new method of access to legal services by using the technology and communications tools that surround us.” Granat sees the adoption of virtual law offices as critical to lawyers in the coming 24

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By Joseph DeMarco

years. “Lawyers, particularly those who are solo practitioners and those in smaller firms, will suffer if they don’t adapt,” Granat said. In his testimony to the ABA Ethics Commission on online legal services, Granat discussed the “connected generation” coming of age and demanding that legal services be provided over the internet. If lawyers, through virtual law firms, are not available to provide those services, websites that do not offer legal advice will be used instead, potentially to the detriment of the consumer, and certainly to the detriment of the legal profession as a whole. According to the Ethics Commission testimony, Legalzoom did an estimated $60,000,000 in volume last year alone, “largely at the expense of the legal profession.” The same concept of imminent change applies when talking about lawyers themselves. “In general, it’s the public and the younger generation of lawyers that are embracing online legal services and the older lawyers are more reluctant,” Granat said. The largest and most obvious obstacles of a successful virtual law firm are potential issues with professional ethics. The ABA site offers a “Best Practice Guidelines for Legal Information Web Site Providers” as well as suggested minimum requirements for law firms delivering legal services online. These documents effectively comprise a new body of rules of professional conduct pertaining to online legal services. Granat foresees the model rules of professional conduct and subsequently individual state bars adapting to include some version of these rules. These guidelines and requirements cover subjects from listing contact information and dating material on every page of a website to online payment of legal fees and client confidentiality issues. Joe DeMarco is a third year student graduating this June. He will be taking the New York Bar Exam in July and has accepted a position as an associate bankruptcy attorney in a Buffalo-area law firm. He holds an English degree from Niagara University, as well as minors in Communications and Writing Studies. Joe can be reached at jedemarco@gmail.com.

References 1 http://www.abanet.org/dch/committee.cfm?com=EP024500.


Simulation Builds Skill Sets:

Duquesne Law School’s

E-Discovery Clinic Once upon a time, office shredders destroyed documents with impunity. Today, digital files linger indefinitely. The digital age changed the practice of law and legal education has responded. The Duquesne University School of Law E-Discovery Clinic is a reaction to today’s electronic reality. The first of its kind in the country, the clinic teaches a new skill set that its participants find to be absolutely crucial. The clinic is taught by Professor Anne Peterson and has been offered since the fall of 2009. The clinic is dubbed a “simulation course.” Using a case study approach as compared to case law, students are provided simulated facts and data and go through the steps of pretrial electronic discovery. The clinic compels a student to act as a practitioner. Working with a real electronic database, students prepare for and respond to requests for electronically stored information, serve and respond to interrogatories, take and defend depositions, run a simulated discovery search, and argue relevant pre-trial motions. Professor Peterson is an experienced practitioner. A graduate of Fordham Law School, she has extensive legal experience and developed the course material used by the clinic. Peterson continues to practice and is an expert in electronic discovery matters. The clinic stresses practical experience throughout the semester. Guest speakers regularly lecture, and students claim the clinic prepares them to conduct electronic pre-discovery in actual practice. The experience ultimately produces future associates with a skill they can teach a senior partner. Participants rave about the skills obtained and the professor who leads them. Chris Capcara, L’10, took the course in the fall semester and hopes to practice Intellectual Property litigation after law school. “With my background in engineering and copyright litigation, once I found out about the course, I wanted to learn the skills that the course offered,” said Capcara.

By Matthew Wachter

The legal job market is dismal, but the clinic produces students with marketable skills. According to Capcara, the course gives students an experience that separates them from candidates with similar credentials. “The course felt more like a grad school class,” said Capcara. “I’ve learned more . . . and the practical simulation approach made it much more interesting, kept us on our toes, and the skills that we learned are much more relevant and practical in real world situations when compared to reading case law.” Adam Kyrnicki, L’10, agrees with his classmate. Kyrnicki brought experience from a technology incubator in Pittsburgh and at the Penn State Intellectual Property office to law school. Kyrnicki is currently a student in the clinic and signed up for the course because of the professor. “I heard good things about her. She is professional, yet very enthusiastic. She brings that enthusiasm into the classroom and shows us the new processes in electronic discovery.” He feels that the training received will be invaluable in his career. “In the future, most, if not all, discovery will be electronic. It’s a great background and will supplement any civil litigation experience.” Kyrnicki hopes that the experience will give him an edge in the competitive job market. “I want to differentiate myself from the traditional student and the material that the law schools normally teach. A student can land a job because of this course, and I hope to be one of them.” Matt Wachter is in his final semester of law school. He interned with Knox, McLaughlin, Gornall and Sennett in Erie, Pennsylvania, and is a graduate of Penn State University. Before law school, Matt was an aide to former Lieutenant Governor Bill Scranton during the 2006 gubernatorial campaign. Matt has applied to a number of L.L.M. in Taxation programs and is interested in corporate law and litigation. Matt can be reached at mwachter26@gmail.com.

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Extracurricular Additions:

Duquesne University School of Law’s

Criminal Law Journal By Justin Witt With the latest addition to its newly enhanced repertoire of Criminal Law organizations, Duquesne University School of Law is proud to announce the commencement of the Criminal Law Journal, the first of its kind in Pennsylvania. The Criminal Law Journal provides both students and practitioners with a reliable outlet to advance scholarly debate over the various issues that pervade one of the most dynamic and influential areas of our legal system. Under the guidance of Editor-in-Chief Mark Tutelo, 3D, the Criminal Law Journal began its journey in the spring of 2009 with the help of Professor Bruce Antkowiak (Faculty Advisor) and former Law Review Editor-in-Chief, Logan Fisher. After a busy summer that included its official adoption by the faculty, structural organization, staff selection, and initial article submission, the editorial staff ’s dedication culminated in the Criminal Law Journal’s inaugural edition in September of 2009. Illustrating the purpose of the new Journal, Professor Antkowiak aptly stated, “The students of Duquesne University School of Law endeavor to make this body of writings an authoritative source on the cutting edge issues facing the judges and practitioners who make the criminal process a reality in the courts of the Commonwealth and the United States.” 1 To ensure the realization of this lofty goal, the Journal’s staff has utilized the means of both a rigorous editorial process and contemporary technology. Through the implementation of peer review, the Journal’s editors are able to ensure that its articles not only pass muster with some of the region’s leading experts, but also incorporate the most pertinent and up-to-date case law on each particular issue. Specifically, once an article is reviewed and approved by the editorial staff, it is sent to a judge, law professor, or practitioner who specializes in the relevant field for scholarly commentary. Once the article is resubmitted to the editors, the suggestions are incorporated, and a final edit is completed prior

to publication, further ensuring the articles practical relevance and excellence in scholarship. Moreover, the Journal’s use of ExpressO, an online law review submission service, allows a large number of potential articles to be submitted. With its ability to match scholarly articles to a vast network of law review journals, ExpressO offers scholarship a new degree of accessibility. In addition, the Journal itself has a broad reach due to its availability online, where it can be located at www.duquesneclj.com. Although still in its infancy, the future of Duquesne’s Criminal Law Journal looks bright. Due to its unique status as the first legal journal in the state to be devoted exclusively to criminal law, it has the potential to yield significant influence. With an initial group of articles that range from state sentencing guidelines to warrantless arrests based on probable cause and the Fourth Amendment, the Journal has proven its willingness to add to the discourse on issues of both local and national importance. Through continued diligence, increased experience, and the addition of new members, the editorial staff hopes that the Journal will increase its current output and become a quarterly publication, making it an even more accessible tool to scholars and practitioners alike. In due time, the Criminal Law Journal is likely to become another staple in a long line of diverse extracurricular options offered by Duquesne Law. Justin Witt is a second year student. In addition to being a staff writer for Juris, he is a board member for the Duquesne Public Interest Law Association. He is a 2004 cum laude graduate of Messiah College, with a degree in History. He can be reached at wittj1@duq.edu.

References 1 Bruce Antkowiak, Introduction to the First Volume of the Duquesne Criminal Law Journal, 1 Duq. Crim. L. J. 1 (2009).

Criminal Law Journal Editorial Staff: Eve Tsaios, William O’Brien, Janice Everly, Joseph Stichler, Nicole Petrovich, and Mark Tutelo 26

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Online Publications:

By Christian Evans

The Impact of the Internet on Legal Education By Christian Evans The Internet has caused significant changes throughout the legal community. Indeed, the Internet has transformed the study of law as attorneys and law students now have the ability to quickly and easily retrieve information online that had previously only been available in books. And law schools are now beginning to completely abandon print publications of their journals in light of the opportunities that the Internet has created. Professor Frank Liu, the director of the Center for Legal Information at Duquesne University, recognizes the importance of the impending changes that are occurring in law schools throughout the nation. “There is a new trend that has begun in which most legal information will soon be available online,” Liu said. With regards to the online publications of law reviews and journals, Liu stated that the movement began just a few years ago when directors from various law schools were invited to a forum that was called Open Access. On November 7, 2008, at Duke Law School in Durham, North Carolina, the directors of the law libraries from several law schools met to compile a mission statement called the “Durham Statement on Open Access to Legal Scholarship.” The statement called for all law schools to abandon print publications of their journals, and to begin the process of publishing journals electronically in stable, open, and digital online forums. The leaders of this movement believe that the transition will benefit not only legal education and the dissemination of legal scholarly information, but will also ease the heavy financial burden that law schools face in difficult economic times.

Many law schools have already begun the process of abandoning print publications of their journals in favor of online publications. Although Duquesne University’s Law Review and Business Law Journal continue to provide print publications of their respective journals, they are also published online. The newly-formed Criminal Law Journal, however, is published exclusively online. Liu believes that this trend of online publications will continue to grow exponentially in the future. “Eventually, most of the legal information will be made available online. [As a result], students must become experts of online legal information systems and sites, such as Westlaw, Lexis, BNA Online, CCH Library, Bloomberg Law, Google Scholar, Legal Scholarship Network, etc.” Liu said. It appears that the proliferation of legal material online has just begun. The directors who met in North Carolina have subsequently pledged to take their mission statement to their respective law schools for ratification. Christian Evans is a second year evening student. He is interested in corporate law and is a junior staff member on the Duquesne Business Law Journal. Christian received his undergraduate degree from Boston University. He can be contacted at ctevans82@gmail.com.

Sally R. Miller Strassburger McKenna Gutnick & Gefsky Four Gateway Center, Suite 2200 444 Liberty Avenue Pittsburgh, PA 15222 (412) 281-5423 smiller@smgglaw.com

www.smgglaw.com

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Trusts Established

to Aid the Disabled By Lisa Dougan Are you related to or do you know either a child or adult living with a disability? The answer to that question is likely “yes.” Disabilities exist in many different forms. For those family members and friends who care for such individuals the task is daunting. It often seems impossible to navigate through the maze of government agencies, educational providers and the like to ensure that those with disabilities are receiving the most support they are entitled to, while at the same time maintaining financial stability. The ACHIEVA Family of Corporations provides services to individuals with disabilities and their families to navigate that maze. Financial planning for individuals with disabilities and their families is often very challenging. In the United States, a person with a disability and without considerable private wealth must qualify for Medicaid in order to access essential services and supports. In Pennsylvania, this government benefit is called Medical Assistance and includes access to waiver services such as residential programs, day programs and attendant care to assist with activities of daily living. Individuals with disabilities may also qualify to receive money though the Social Security system, which is entitlement based, or the Supplemental Security Income program, which is need based. Although it may seem easy to qualify for these benefits, disabled individuals are often ineligible because they own assets valued at as little as $2,000. Fortunately, ACHIEVA offers a solution to this problem through a special needs trust. The services provided by ACHIEVA for disabled individuals are wide-ranging and life long. ACHIEVA consists of several related non-profit corporations and is the largest service provider to people with disabilities in Southwestern Pennsylvania. Created in 1998, ACHIEVA Family Trust is the newest addition and serves individuals who live throughout Pennsylvania. ACHIEVA Family Trust not only acts as the trustee of special needs trusts, but also provides case management and social work services for trust beneficiaries and their families. These services truly distinguish ACHIEVA Family Trust from other fiduciaries. ACHIEVA Family Trust currently serves more than 1,400 individuals and provides invaluable peace of mind to their families. According to Kathleen D. Hendrickson, Esquire, President of ACHIEVA Family Trust, the availability of special needs trusts has brought about significant change. “It used to be that the only legal advice we could give parents was, ‘Disown your child with a disability. Leave all the money to a sibling and trust that he or she will do the right thing.’ Happily, we have new tools now that let parents plan for the secure future of 28

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their child with a disability. ACHIEVA Family Trust is proud to be part of helping that happen,” Hendrickson said. The Social Security Act allows for assets to be held in a special needs trust for the benefit of an individual with a disability. The assets in the trust are not considered an available resource to the beneficiary, which allows the beneficiary to continue to receive government benefits. The trust assets can then be used to supplement, rather than supplant, the government support and services provided by Medical Assistance, Medicaid Waivers and Supplemental Security Income. Because special needs trusts help to ensure that individuals with disabilities are properly cared for in the future, various situations are suitable for creating a trust. Amy Dolan Strano, Esquire, Duquesne University School of Law alumna, ‘92, is Chair of the Board of Trustees of ACHIEVA Family Trust. “I am honored to have been a part of ACHIEVA Family Trust since its inception almost 12 years ago. It provides a wonderful mechanism for individuals with disabilities and their families to set aside money for supplemental services and needs, without losing eligibility for the essential government benefits to which they are entitled. Anyone who has a loved one with a disability, regardless of assets or income, should explore what ACHIEVA Family Trust has to offer,” Strano said. ACHIEVA Family Trust serves as trustee for the three different types of special needs trusts—Common Law, Pooled and Payback Trusts. The differences between the three types of trusts are based on who can create the trust, who can put assets into the trust, what happens to the residue, and if there is an obligation to pay back the Department of Public Welfare upon termination. In a line of cases beginning with Lang v. DPW, 528 A.2d 1335 (Pa. 1987), the Pennsylvania Supreme Court has validated the use of Common Law Trusts, but has also imposed strict qualifying language standards and other requirements. The Social Security Act permits both Pooled and Payback Trusts under 42 U.S.C. 1396p(d)(4)(A) & (C). For more information on ACHIEVA Family Trust, please contact Kathleen D. Hendrickson, Esquire, President of ACHIEVA Family Trust, at 412-995-5000 x405 or via email at khendrickson@achieva.info. Additional information on ACHIEVA can be found at www.achieva.info. Lisa Dougan is a third year evening student. She is a Staff Writer for Juris, a Junior Staff Member on the Duquesne Business Law Journal, and a member of the Women’s Law Association. Lisa received a Bachelor’s degree in Biochemistry and a Master’s degree in Forensic Science and Law from Duquesne. She can be reached at dougan158@duq.edu.


Supreme Battle Over Grid-Iron Garb:

American Needle v. NFL By Juliann L. Haynes On January 13, 2010, the National Football League found itself focused on one of the most significant battles since the League’s inception. However, this dispute was not fought on the field in front of thousands of adoring fans, but in the form of oral arguments before the United States Supreme Court in American Needle v. NFL; the case which Sports Illustrated writer Michael McCann referred to as “arguably the most important sports law case in U.S. history and one that could dramatically reshape how the NFL and other leagues conduct their business.”1 In short, American Needle is an apparel manufacturer that enjoyed a licensing agreement with the NFL until 2000. However, in 2002, the NFL granted Reebok an exclusive 10-year contract to manufacture NFL-licensed apparel, effectively shutting out American Needle, as well as any other apparel manufacturer, from the lucrative NFL apparel market. In response, American Needle filed suit against the NFL claiming that its exclusive deal with Reebok violated §1 of the Sherman Anti-Trust Act, which disallows competitors from combining or working together in a manner which would impair competition. The NFL countered these accusations by asserting that although comprised of thirtytwo separate organizations, the NFL is actually a single entity. The League maintained that since a single entity cannot conspire with itself, the NFL did not violate antitrust law. Armed with these arguments, American Needle and the NFL headed to court, where, most recently, the U.S. Court of Appeals for the Seventh Circuit held that for the purposes of apparel licensing agreements, the NFL is a single entity. The Supreme Court has taken appeal from this ruling and is expected to rule in one of the following three ways: (1) affirm the decision of the Seventh Circuit granting single entity status to the NFL for apparel licensing; (2) affirm the decision of the Seventh Circuit but broaden the ruling to grant single entity status to the NFL for all its dealings; or (3) overturn the decision of the Seventh Circuit. Although nobody can say for certain how the Supreme Court will rule in this matter, what is clear is that an affirmation of any sort could dramatically alter the way the NFL conducts its business. Consequently, fans could find themselves paying more to support their favorite team in the future. Specifically, an affirmation of single entity status for

References

apparel purposes only would permit the NFL to grant sole apparel manufacturing rights to a single corporation, as they did with Reebok. As a result, Reebok would have no authorized competition in the NFL apparel market and would be able to set prices as high as they like without fear of being undersold. While this scenario is enough to make some fans weary, a grant of complete single entity status for the NFL could bring bigger changes, since the impact of such a decision would not be confined to apparel licensing. Marc Edelman, Assistant Professor at Barry University’s Dwayne O. Andreas School of Law, whose article Why the ‘Single Entity’ Defense Can Never Apply to NFL Clubs: A Primer on Property Rights Theory in Professional Sports has been cited in three separate briefs of parties in American Needle, believes that a single entity status for the NFL could not only raise the cost of NFL apparel, but could also restrict team movement and increase ticket prices. Mr. Edelman explained that if found to be a single entity, any agreement made by the NFL as a whole or by its individual teams would not be subject to antitrust scrutiny. Consequently, the NFL could impose territorial restrictions preventing any current or future team from either entering or leaving a specific territory or allowing such movement to be subject to veto by fellow NFL clubs. Additionally, individual teams could collude with each other to set ticket prices instead of individually setting ticket prices in competition with one another. Mr. Edelman believes that such collusion will occur in areas that contain multiple NFL teams within driving distance, such as the tri-state area of New York, Pennsylvania and New Jersey (home to the New York Jets, New York Giants and Philadelphia Eagles). The National Basketball Association and National Hockey League are paying close attention to this matter, as the Supreme Court’s ruling in American Needle v. NFL will pervade the entire landscape of professional sports. Whatever the outcome, the ruling will surely define how the business of professional sports is conducted, and also how fans celebrate the game. Juliann L. Haynes is a third year day student, graduating in June 2010. She is a staff writer for Juris and Chair of the Women’s Law Association Inter Law School Social Committee. Juliann is a 2007 graduate of the Pennsylvania State University with a B.A. is History and a Minor in Political Science. She can be reached at Haynes535@duq.edu.

1 www.sportsillustrated.cnn.com/2010/writers/michael_mccann/01/12/americanneedlev.nfl/index.html. Spring 2010

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Juris Magazine - Spring 2010