TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOLANDALUMNINEWS • FALL 2005In the fall of 2004, Assistant Professor Duncan B. Hollisbrought his years of experience as an international lawyer toTemple to expand the law school’s already strong internationalprogram. Professor Hollis teaches in the areas of internationallaw, foreign affairs law, and property, specializing in theinternational law of treaties and the role of treaties in U.S. law.He is co-editor and co-author of a new book, National TreatyLaw and Practice,which examines how states deal with treatiesat the national level—to whom they give the authority tonegotiate treaties and how they incorporate treaties, onceconcluded, into their domestic legal systems.Hollis received his bachelor’s degree fromBowdoin College and completed a joint degreeprogram in international law, receiving amaster’s in international law and diplomacy fromthe prestigious Fletcher School at Tufts Universityand a juris doctorate from Boston College, wherehe graduated first in his class. Prior to joining thefaculty at Temple, Professor Hollis spent eightyears working as an international lawyer, first atthe international department of Steptoe & JohnsonLLP and, from 1998 to 2004, at the Office of theLegal Adviser at the U.S. Department of State. “Unlike a lot of students, I came into law school with a clearfocus: international law. Initially, I was interested in U.S.-Japanese relations. I spent my summer after the first year of lawschool working for two Japanese law firms in Osaka. But, aftertaking public international law at Fletcher, I found my calling.So, I moved to D.C. and ultimately joined the State Departmentas an attorney-adviser.” After a year and a half buying and selling U.S. embassiesand other State Department property, Hollis moved into theTreaty Office. “It was one of the greatest jobs,” he recalls. “Atthe time, there were only two lawyers in the office, but StateDepartment regulations required that our office clear on allproposed treaty negotiations. As a result, I got to work oneverything from arms control to human rights, from theenvironment to tobacco control. “My knowledge of treaty law eventually earned me a place ascounsel to the United States in a case before the InternationalCourt of Justice and as part of the State Department legal teamdebating whether the Geneva Conventions applied to the Talibanand Al Qaeda in Afghanistan.” It was in the Treaty Office that Hollis realized he wanted notsimply to negotiate treaties, but to study them as well. His book,National Treaty Law and Practice, analyzes the laws andpractices of nineteen countries: Austria, Canada, Chile, China,Colombia, Egypt, France, Germany, India, Israel, Japan, Mexico,the Netherlands, Russia, South Africa, Switzerland, Thailand,continued on page twothe United Kingdom, and the United States. By pickingstates from all over the world with diverse legal, politicaland economic backgrounds, Hollis and his co-editorssought to provide a basis for generally assessing how statesnegotiate, conclude and implement their treaty obligations. Hollis’ chapter, A Comparative Approach to Treaty Law& Practice,opens the book by analyzing how the surveyedstates address common issues that arise in their respectivetreaty laws and practices. In particular, Professor Hollisfocuses on four common themes: •How do states define treaties as a matter of domesticlaw and practice?• What is the scope of the executive’s authority overtreaty making?•What role does the legislature play in treaty making?•How are treaties incorporated into national law?In examining each area, Hollis highlights patterns anddifferences among the surveyed states as a means ofbetter understanding state behavior, alternative nationalapproaches, and the current state of treaties underSYLVIA A. LAW NAMED PHYLLIS W.BECK PROFESSOR OF LAWHealth Law Expert Joins FacultyAUGUST 2005Sylvia A. Law, the Elizabeth K.Dollard Professor of Law, Medicine andPsychiatry at NewYork UniversitySchool of Law, wasrecently named thePhyllis W. BeckProfessor of Law atTemple UniversityBeasley School of Law. Professor Law willspend the fall 2005semester visiting atTemple Law School, where she will offer aninterdisciplinary colloquium on theintersections of health, medicine, law, andsocial policy. Throughout the semester, thecolloquium will bring together law students,scholars from Temple and other universities,and other professionals who work in theseareas to discuss such topics as the history ofthe organization of health services, tensionsbetween health care financing and access,changing patterns of childbirth, conflictsbetween science and morality in the context ofpublic school sex education, choice at the endof life, race disparities in health care, andevaluation of existing alternative models ofhealth care delivery.The Phyllis W. Beck Chair in Law wascreated in 1997 by The IndependenceFoundation in honor of Pennsylvania SuperiorCourt Judge Phyllis W. Beck ’67. ThePhiladelphia-based foundation has a strongtradition of supporting health care initiatives,culture and the arts, and legal aid andassistance to the aged, disabled, orimpoverished. The inaugural Phyllis W. BeckProfessor of Law was Georgetown Law SchoolProfessor Carrie Menkel Meadow. “Professor Law has been one of thenation's leading scholars in the fields of healthlaw, women's rights, poverty, and constitutionallaw, making her an ideal candidate for thechair,” says Dean Robert J. Reinstein. “This isa wonderful opportunity for our faculty andstudents to work with one of the country’smost prominent law professors.” Law has played a major role in dozens ofcivil rights cases before the U.S. Supreme Courtand in lower state and federal courts, and hastestified before Congress and state legislatureson a range of issues. She is the author of fivebooks and scores of articles on health law, civilrights, and feminist legal theory. She currentlyteaches at New York University School of Law,where she co-directs the school’s ArthurGarfield Hays Civil Liberties Program.A New York City resident, Professor Lawearned her undergraduate degree from AntiochCollege in 1964 and her law degree from NewYork University School of Law in 1968. DuncanHollisExamines TreatiesON JUNE 5, 2001, PROFESSOR DUNCANB. HOLLIS ASSISTED SECRETARY OFSTATE COLIN POWELL IN SIGNING HISFIRST TREATY ON BEHALF OF THE UNITED STATES. THETREATY WAS AN AGREEMENT TO COMBAT THE PROLIFERATIONOF WEAPONS OF MASS DESTRUCTION WITH UZBEKISTAN’SFOREIGN MINISTER, ABDULAZIZ KAMILOV.JOSEPH LABOLITO2 • TEMPLE ESQ. FALL 2005DUNCAN HOLLIS…continued from page oneCHAPTER ONE: A COMPARATIVE APPROACH TOTREATY LAW AND PRACTICEDuncan B. HollisTreaties have long served as one of the severalsources of international law. Increasingly, they havecome to serve as the dominant source. The lasthundred years have witnessed a dramatic growth inthe number of treaties concluded by states andother subjects of international law. From 1946 to2003, the United Nations received registrations forover 50,000 treaties. The United States alone ispresently bound by some 10,000 treaties andinternational agreements. Japan has a similarnumber of international legal commitments. Franceis party to 6,730 international agreements whileChina has concluded more than 6,000 bilateralagreements and is party to another 273 multilateralagreements. South Africa has roughly 1,800 treatiesin force, and Colombia has more than 860 of itsown international agreements.Nor is the growing predominance of treatiesamong the sources of international law a merematter of numbers. As international law hasexpanded its coverage from traditional areas ofinterstate relations such as commerce andnavigation to cover virtually every area of humanendeavor, treaties have paved the way. From tobacco to chemical weapons, from the rights ofchildren to desertification, from registration oftrademarks to cybercrime, treaties have become the preferred vehicle by which states structure theirrights and obligations under international law.Chances are that when a lawyer confronts a questionof international law today, whether or not there is acustom or general principle involved, there will in all likelihood be one or more treaty provisions thatspeak to the issue.The study of treaties, therefore, is of increasingimportance. Traditionally, most scholars andpractitioners have viewed the study of treatiesprimarily through the lens of international law—considering how treaties constitute a source of lawor obligation and analyzing the formation,interpretation, and application of suchlaws/obligations as between the various subjects ofinternational law. At the same time, others havetaken a more national approach, examining how aparticular state’s domestic legal system and practiceregards treaty obligations assumed by that state.The present volume results from a nearly 30-yeareffort to devise a third, comparative perspective onboth treaty law and practice. In developing thisperspective, it seeks to further the study of treatiesinternational law. His chapter finds, for example,that while virtually all of the surveyed states haveincorporated the 1969 Vienna Convention’sdefinition of the term “treaty” into their nationallaws or practices, contrary to the view commonlyheld by international lawyers, states have notextended that definition to include oral agreementsbetween states. In researching how states handleseparation of powers issues in the treaty context,Hollis found that although states uniformlyauthorize their executives to negotiate treaties,they just as uniformly impose limitations on theexercise of that authority (such as legislative pre-approval) for the most politically, economically orsocially significant treaties. From this, Hollisemphasizes the importance of a comparativeperspective to studying treaties: “If we onlyexamined the Vienna Convention on the Law ofTreaties, we would have an incomplete and, attimes, inaccurate account of treaty law andpractice. We gain a more complete perspective byalso looking at how states themselves define andregulate treaties. Such an approach advances ourunderstanding of state practice, which, in turn,operates as evidence of the rules that make upthe customary international law of treaties.”Each of the book’s subsequent chapterscontains a description of the treaty law andpractice of a particular state, authored by theleading treaty expert(s) of that state. The authors’contributions describe each state’s formal legalregime on treaties as well as the state’s actualpractice. The book also collects, in English,constitutional provisions and other primary sourcematerials on treaties as well as bibliographies toassist in further treaty research and analysis.Hollis views this work as filling a gap in existingscholarship. “I view treaties as the primary sourceof international law today. There are so manytreaties being done on so many subjects,” hesays, “it’s not often that we get to step back andlook at things collectively,to talk about treatiesgenerally, regardless of their content. My workfocuses on getting people to appreciate not onlywhat treaties can do, but also what constraintsthey operate under, especially when they have tointeract with existing national legal systems.” Inthe end, Hollis hopes that National Treaty Law &Practicewill “serve as a lasting reference work ontreaties for scholars, practitioners, and governmentofficials alike.”—Ingrid ThackCHINESE JUDGES’ TRAININGPROGRAM RECEIVES GRANTJULY 2005Alcoa Foundation awarded a $100,000Alcoa Foundation grant in support of Temple Law’sJudicial Education Program that offers short-termeducational opportunities to judges in the People’sRepublic of China. The two-year grant funds theprogram run jointly by Temple Law and the NationalJudicial Training College of the Supreme People’sCourt of China that offers training and support forjudges who are actively involved in the developmentof China’s legal system. The program consists of threemonths of education on the U.S. legal system at theNational Judicial Training College in Beijing followedby a concentrated four-week program in the U.S.,providing judges in China with a comparative contextfor their work in the legal system. DANIEL SCHORR TOOK A LEAVE FROM THE WESTCHESTER COUNTY,NEW YORK DISTRICT ATTORNEY’S OFFICE TO TEACH IN TEMPLE’SSHORT TERM JUDICIAL TRAINING PROGRAM FOR CHINESE JUDGES.SHORR (FRONT ROW CENTER) IS SHOWN WITH PARTICIPATING JUDGES. by way ofcomparison—by examining the different lawsand practicesnation stateshave put inplace to dealwith treaties. Ultimately, every statemust decide for itself how to define whatinstruments qualify as treaties, who will have authority to negotiate treaties on itsbehalf, whose approval is required before the statecan consent to a treaty, and how to incorporate suchtreaties into its national law. What the comparativeapproach suggests, however, is that we can allbenefit from comparing the answers different states give to these questions. As treaties proliferatein both numbers and subjects, a comparative viewoffers alternative insights, experiences, legislativeapproaches and practices for dealing with treaties.Whether due to their similarity to, or differencefrom, a single state’s own approach, thesealternatives may offer that state new avenues forfurther developing, improving, or even modifying its system of treaty law and practice.Beyond its inherent value, the comparativeapproach will also contribute to our understandingof treaties when viewed from either the national or international perspectives. On the national front,the comparative approach by definition incorporatesindividual studies of how various states maketreaties. Although done for comparative purposes,each of these studies provides details, experiences,and documentation as to how a specific state deals with treaties in ways that will improve ourunderstanding of that state’s national approach totreaty law and practice.More importantly, the comparative approach can inform the international law of treaties. Byexamining similarities and differences among arepresentative group of states’ laws and practices,we can obtain evidence of state practice generally.We can then use this evidence to assess how well state practice conforms to accepted rules ofinternational law such as those in the 1969 ViennaConvention on the Law of Treaties. Thus, on issuessuch as the definition of treaties or the authority to bind states by treaty, the comparative approachcan demonstrate the existence (or absence) of thegeneral and uniform practice of states accepted aslaw, which can confirm (or undermine) the acceptedcustomary international law on these matters.National Treaty Lawand PracticeMARTINUS NIJHOFF PUBLISHERS, 2005TEMPLE ESQ. FALL 2005 • 3AUGUST 2005Temple University Beasley School of Lawhas expanded its full-time faculty to a total of 61, hiringthree new professors who will teach in the areas ofcommercial, employment, and tax law beginning this fall.According to Dean Robert J. Reinstein, “The addition ofsuch talented individuals to our faculty is part of ourcontinued development in these and other key areas of thelaw school’s curriculum.” ASSISTANT PROFESSOR N. JEREMI DURU,whose primaryareas of interest are employment discrimination, civilprocedure, civil rights, race and the law, and sports law,will teach employment law this fall. Prior to joining the faculty, Duru was an associate withthe Washington, D.C., firm of Mehri & Skalet, where herepresented plaintiffs in all phases of civil rights actions.While at Mehri & Skalet, Duru was counsel to the FritzPollard Alliance (FPA), the alliance of coaches, scouts, andfront office personnel of color in the National FootballLeague (NFL). For several years, the FPA has worked withthe NFL to increase “off the field” employment opportunityfor people of color. While the FPA has spurred change invarious respects throughout the League, it has made itsmost visible impact in the realm of head coaching, theranks of which have diversified remarkably in recent years.Duru also served as an adviser to a group of former NegroLeague baseball players seeking supplemental incomefrom Major League Baseball for the discrimination theysuffered during their playing days. In August 2005, Duruwas recognized for that work when he was named theNational Bar Association's entertainment and sports lawyerof the year.Duru received his undergraduate degree from BrownUniversity in 1995 and a master’s degree from HarvardUniversity’s John F. Kennedy School of Government in1999. At Harvard, he was editor of the Harvard Journal ofAfrican American Public Policy.He also earned his lawdegree in 1999 from Harvard, later clerking for JudgeDamon J. Keith of the U.S. Court of Appeals, Sixth Circuit. ASSOCIATE PROFESSOR JONATHAN LIPSON,who visited at Temple during the 2004-05 academic year, has become a permanent faculty member. He teaches secured transactions, payment systems, and a commercialtransaction workshop, which he created. Formerly anassociate professor at the University of Baltimore School of Law, Lipson also served as an adjunct professor atNortheastern University School of Law. He brings to Temple professional practice experience gained at severalmajor law firms, where he focused on corporate andcommercial law.Lipson earned his undergraduate degree from theUniversity of Wisconsin-Madison in 1986, and his lawdegree from the University of Wisconsin Law School in1990, where he was a note editor of the Wisconsin LawReview.Lipson is a past chair of the section of commercialand related consumer law of the American Association ofLaw Schools, and co-chair ofthe business law educationcommittee of the section ofbusiness law of theAmerican Bar Association.He has authored articles forjournals including the UCLALaw Review,the Ohio StateLaw Journal and theWashington University LawQuarterly.With primary teaching andscholarship interests in federal income taxation,ASSISTANT PROFESSOR ANDREA MONROEwill teachtax courses in Temple Law’sJ.D. and LL.M. programs.Before coming to Temple,Monroe was a visitingassistant professor atNorthwestern UniversitySchool of Law, where shereceived the Student BarAssociation Faculty Appre-ciation Award in 2004.Monroe also has five yearsexperience in tax lawpractice at Winston &Strawn’s Chicago and NewYork offices.Monroe earned herundergraduate degree fromthe University of Michigan in1994, her law degree fromthe University of MichiganLaw School in 1997, and hermasters of law in taxationfrom the New York UniversitySchool of Law in 2000. AtNYU, Monroe was graduateeditor of Tax Law Reviewandrecipient of the Morris G.Geifman Memorial TaxScholarship.DURULIPSONMONROEFall brings new additions to facultySTUDENTS WIN NATIONALWRITING AWARDSSTUART SCHANBACHER WINS INTELLECTUALPROPERTY WRITING AWARDJULY 2005 Fourth-year evening student Stuart Schanbacherwas awarded first prize in the first annual writing competitionsponsored by the Pennsylvania Bar Association’s intellectualproperty section. Schanbacher, who studied intellectualproperty with Professor David Post, received a cash awardfor his article entitled, “Analysis of the Differences in Patent Rights of Assignees, Exclusive Licensees, and Non-Exclusive Licensees.” Written under the supervision of Professor Don Harris, the article was published in thePBA intellectual property section’s summer newsletter. “TRANSEXUALS AND THE LEGAL DETERMINATIONOF SEX” IS TOPIC OF PRIZE-WINNING STUDENT ESSAYAn essay by law student Karly Grossman was named firstplace winner of the American Bar Association’s section offamily law’s Howard C. Schwab Memorial Essay Contest.Grossman will receive $1500 and her essay, “Transexualsand the Legal Determination of Sex,” will be submitted to the editorial board of the Family Law Quarterlyforconsideration. Grossman was supervised by AssociateProfessor Kathryn M. Stanchi and sponsored for thecontest by Professor Nancy J. Knauer.JANE BARON IS NEW DEAN FOR RESEARCHJULY 2005Professor of Law Jane B. Baron is the law school’s inauguralAssociate Dean for Research. The position was established, says Dean Robert J.Reinstein, “in order to have a senior, productive member of the facultyconcentrate on enhancing scholarship at the law school. “As the Associate Dean for Research, Professor Baron will seek to improvefaculty productivity, to create an exciting intellectual environment appropriateto a major research university, and to increase the visibility of the Templefaculty’s scholarship in academic and other circles.”Baron, who teaches primarily in the areas of property and trusts andestates, also publishes widely. In fall 2005, the third in a series of articlesabout homelessness will be published in the Houston Law Review. PHILADELPHIA BAR HONORSJUDGE PHYLLIS W. BECK ’67 Judge Phyllis W. Beck ’67, the first woman to serve on theSuperior Court of Pennsylvania, will receive the 2005Sandra Day O’Connor Award. Donna Brazile, a seniorpolitical strategist and former campaign manager for theGore-Lieberman campaign, will be the keynote speaker.Philadelphia Bar Association Quarterly MeetingTuesday, October 18, 2005Park Hyatt Philadelphia at the BellevueBroad and Walnut Streets, Philadelphia4 • TEMPLE ESQ. FALL 20051959MASON AVRIGIAN,a partner at the BlueBell, Pennsylvania firm Wisler PearlstineTalone Craig Garrity & Potash, was nameda Pennsylvania Super Lawyer by fellowPennsylvania lawyers in the June 2005issue of Philadelphia Magazineand theJune issue of Pennsylvania Super Lawyers.Avrigian haspracticed law in Pennsylvania for more than 45 years,focusing on the areas of civil litigation, family law, andarbitration. 1971STEPHEN H. FRISHBERGhas been appointed to the GoldenSlipper Club and Charities’ board of governors.1973MARC ROBERT STEINBERG,a partner at the Lansdale,Pennsylvania firm of Rubin, Glickman, Steinberg andGifford, has been named a Pennsylvania Super Lawyer for the second consecutive year. Steinberg, a managingpartner of his firm, is a former Montgomery Countyassistant district attorney and the president of MontgomeryChild Advocacy Project.1974JOSEPH W. ANTHONYwas recentlyinducted as a fellow into the InternationalAcademy of Trial Lawyers. TheMinneapolis-based attorney is a founderof Anthony, Ostlund & Bear, where hispractice focuses on the areas of businesslitigation, financial fraud, securities, employment, and commercial real estate litigation.NOTESClass1975JOHN S. EORY,a shareholder at Stark & Stark and 2005chairperson of ATLA-NJ's matrimonial section, was voted aNew Jersey Super Lawyer according to a poll of 35,000attorneys. 1976B. CHRISTOPHER LEE,of Jacoby Donner, has been named aPennsylvania Super Lawyer. Lee’s practice focuses onconstruction law and dispute resolution.1979TODD JOHNSTON LL.M.has joined Drinker Biddle & Reathas a partner in the health law group in its Princeton, NewJersey office. Johnston focuses his practice on businessand transactional matters for healthcare clients.1980STEWART J. EISENBERG,a shareholder inEisenberg, Rothweiler, Schleifer, Weinstein& Winkler, was named the 2005 Milton D.Rosenberg Award honoree by thePennsylvania Trial Lawyers Association forhis devotion to injured victims, qualities ofleadership, and service to the organization at the PaTLAconvention in July 2005. Eisenberg’s practice is focused onmedical negligence, auto crashworthiness, mass torts, andbad faith claims. ANNA MARIA FARIAShas been promoted to deputyassistant secretary for grants programs in HUD’s Office ofCommunity Planning and Development. Before joiningHUD in 2001, Farias was executive director of the CrystalCity Housing Authority.MAUREEN H. MCCULLOUGHis the new regional director ofNortheast U.S. Catholic Relief Services, the official inter-national relief and development agency of the U.S. Catholiccommunity. McCullough previously chaired the health carepractice group of Stradely, Ronon, Stevens and Young,where she represented several Catholic healthcare systems.Prior to that, she was vice president of policy and advocacyfor the Catholic Health Association of the United States.1983LEONARD A. BERNSTEIN,a partner in the Philadelphia officeof Reed Smith, was re-elected to the board of the SupportCenter for Child Advocates in Philadelphia in June 2005.Bernstein returns to the non-profit's board after a two-yearabsence, during which time he served as president ofAdath Israel synagogue. PETER BRAMPTON KOELLEorganized and participated in aconference at Bryn Mawr College entitled, “Guantanamo:The Law and Politics of a United States Prisoner in Cuba,”which included the participation of Temple Law ProfessorBurton Caine.LAW SCHOOL NAMESDIRECTOR OF TRIALADVOCACYSUMMER 2005Maureen McCartneyjoins Temple Law as the new directorof trial advocacy programs andassociate processor. Previously anassistant district attorney inPhiladelphia, McCartney will superivseand teach in all levels of Temple Law’snationally recognized trial advocacyprograms. She will hire, train, andsupervise approximately 50 adjunctinstructors, develop and designcurriculum, and advise students. Shewill also coordinate teaching andadvocacy workshops and join the coaching team of TempleLaw’s award-winning mock trial championship program.Before coming to Philadelphia, McCartney was a staffattorney for the Center for Death Penalty Litigation inDurham, North Carolina, representing capitally sentenceddefendants in state and federal post-convictionproceedings. McCartney, who earned a B.S. in 1986 fromWest Chester University and a J.D. in 1990 from VermontLaw School, has also taught criminal law as a clinicalinstructor at the University of Pennsylvania Law School.DENISE BOWMAN ’98 JOINSCAREER COUNSELING OFFICESPRING 2005After almost sevenyears as an associate in the litigation department of Stradley,Ronon, Stevens & Young, DeniseBowman ’98 returned to her almamateras a counselor in the Office of Career Planning. As a careercounselor, Bowman advises lawstudents in connection with an overallstrategy for finding the right job in the legal profession, and assists themwith drafting and interviewing skills.Bowman also works with Templealumni who seek career counseling advice. Beforeattending Temple Law School, Bowman earned a B.A. in Political Science from the University of Delaware. McCARTNEYBOWMANDEAN ROBERT J. REINSTEIN ANDDANIELLE BANKS ’93HON. WILLIAM H. STAFFORD JR. ’56 ANDNANCY STAFFORDALUMNI ASSOCIATION HOSTS“SUPERREUNION”MAY 21, 2005The Temple Law Alumni Association celebrated its90th anniversary with a gala event-packed reunion that raised over$35,000 in scholarships for the law school.Attendees could choose between two CLE courses in themorning. The luncheon that followed featured the presentation ofthe inaugural Murray H. Shusterman Faculty Award to ProfessorLaura E. Little. The evening dinner-dance at the Warwick Hotelattracted over 300 people, including law graduates, guests andfriends of the law school. The Barrack ’68 Alumni AchievementAward was given to one representative of each decade: Hon.William H. Stafford Jr. ’56, Robert J. Coleman ’64, Daniel J. Whelan’74, Maureen Kearney Rowley ’80, Danielle Banks Williams ’93.Jennifer L. Safford ’01, chair of the recent graduates division of thealumni association, received the TLAA Service Award. TEMPLE ESQ. FALL 2005 • 5MAUREEN K. ROWLEY ’80Named Temple Law Grad of the ’80sESQ. SPOTLIGHTMAY 2005Maureen Kearney Rowley ’80,Chief Federal Defender for the Eastern Districtof Pennsylvania, was awarded the Barrack ’68Alumni Achievement Award at the TempleLaw Alumni Association’s 90th anniversarycelebration. The Alumni Association selecteda graduate from each decade to honor;Rowley “represented” the 1980s.For the past 16 years, Rowley has headedup the Federal Defender Office for the EasternDistrict of Pennsylvania. Under her leadership,the office has become one of the largest andmost respected federal defender offices in thecountry. Rowley was the first female head ofany of the federal Eastern District courthouseagencies when she became Chief Federal Defender in1989; and she remains so today.A lifelong Philadelphia resident, Rowley majored inEnglish literature at LaSalle University and then began work settling insurance claims. “There was a glut of Englishliterature graduates when I finished college,” sheremembers. “I interviewed for a paralegal position where I was told I would be making coffee, keeping the lawyer’scalendar, and doing legal research and writing. For whatthey were paying, I thought ‘I’d rather go to law school.’”She began law school in Temple’s evening division andworked for the insurance company during the day.Rowley chooses public interest career pathRowley took to the law immediately. She rememberssitting in class on her first day thinking that she loved lawschool already. Although she enjoyed the fascinatingstudents she met in the evening division, she decided afterher first year to quit her job, take out loans, and reallyimmerse herself in the law school environment. During herthird year, she became certified to represent clients in courtfor three organizations. Her clients included tenants inlandlord-tenant disputes, defendants in state criminal cases,and victims of domestic violence. By the time Rowleygraduated in 1980, she had “found her niche” in publicinterest law, representing the underdog and trying to levelthe playing field.Her first job out of law school was as the sole staffattorney for Women Against Abuse, a position that took herto courts all over the city. Later she was hired as a staffattorney by the Defender Association of Philadelphia. At thattime, the Association had a small federal division thatrepresented criminal defendants in the federal courts. Shewas selected for a temporary appointment that later becamea permanent position.What drew Rowley to working in the federal system wasthe opportunity to represent clients from the beginning ofthe case all the way through the appeals. “Ienjoyed being able to develop a rapport withthe client, to be imaginative and creative,and to hire appropriate experts. The level ofpractice in the federal courts is very highand our adversaries in the U.S. Attorney’soffice are known for their integrity and skill.”In 1989, when she became the ChiefFederal Defender, the federal divisionconsisted of eight lawyers, no paralegals, nomail clerk, and no computers. The lawyersthemselves would drop off the office mail atjudges’ chambers when they went to courtin the afternoon. Under Rowley’s leadership,the office was computerized and has grownto over 40 attorneys and over 100 employees, includingparalegals, support staff, and summer interns. In 1990,Rowley created an appellate unit, which has since grownfrom one attorney to five.Capital habeus unit is established in 1996Over the years, mandatory minimum sentencing laws,changes in prosecutorial initiatives, and an increase in thenumber of prosecutions, especially for drugs and firearmsviolations, have greatly increased the federal defender’sworkload. One trend has been an increased number ofdeath penalty cases in the Commonwealth, which hasresulted in more federal capital habeus corpus petitionsseeking review of federal constitutional issues. The “verychallenging, critical, and time-consuming nature” of capitalhabeus practice led Rowley to create a special capitalhabeus unit in 1996. Capital habeus work “is a differentpractice altogether. With the creation of the capital habeusunit, it was as if I was running two offices.”There are over 230 inmates on death row inPennsylvania, the fourth highest number of any state.Rowley believes that the average Pennsylvanian is unawareof the huge number of prisoners on death row because thestate has only executed three individuals since 1976, all ofwho were “volunteers” (inmates who decided to forego theirappeals and other legal recourse). In addition, Pennsylvaniajuries are not instructed that a life sentence means lifewithout possibility of parole, unless the prosecutor puts theissue of future dangerousness before the jury. Thus jurorsare often unaware that a defendant who is not given thedeath penalty will nonetheless be ineligible for release.Many of Pennsylvania’s death row inmates arerepresented by the Federal Defender’s capital habeas unit,which also provides substantial support and coordinationservices to private attorneys handling death row cases. TheFederal Defender’s trial unit is also available to be appointedcontinued on page sixcontinued on page sixJEFFREY P.SCARPELLO ’88AND PEGGYSCARPELLO1984SAMUEL H. POND,a Martin, Banks, Pond,Lehocky & Wilson attorney, has beenelected president of the Philadelphia TrialLawyers Association and assumed officein June 2005 at the annual meeting of thegroup. A partner of his firm, Pond hasbeen practicing in the area of workers’ compensation since 1986.1985MARYANNE T. DONAGHYhas joined theWilmington, Delaware office of StradleyRonon Stevens & Young as a member ofthe firm’s litigation department, where sherepresents corporations and individuals incomplex litigation matters. Donaghy waspreviously legal counsel for the Nemours Foundation, an organization dedicated to health services for children,including the Alfred I. duPont Hospital for Children.Cozen O’Connor announced that CECILIA O’CONNOR,aformer member of the firm, will rejoin the Philadelphiaoffice as director of professional development. O’Connorwill create and implement firm wide educational anddevelopmental programs for attorneys and paralegals,manage the firm’s mentoring program, assist theprofessional responsibility committee and coordinate pro bonoactivities at the firm. 1986JOSEPH R. ARMENTIwas recently interviewed with hisclients in a high-profile murder case by Diane Sawyer onGood Morning Americaand Greta Van Susteren on On the Record.Armenti’s clients are the college girlfriendand daughter of Brian Nicholas, who is accused of killingan Atlanta, Georgia judge, a court stenographer, and twoother people.JOANNE D. KAY,a partner in the Wildwood, New Jersey firmof Kay & Kay, was installed as a trustee of the New Jerseybar at its May 2005 meeting. In September 2005, Kaybecomes president-elect of the New Jersey Association of County Welfare Attorneys.CHRISTOPHER I. McCABEhas joined Jacoby Donner,focusing his practice on government contracting andprocurement matters. McCabe previously served in the City of Philadelphia’s Solicitor’s Office.1987BRENDA FRAZIER-CLEMONShas completed GeneralJurisdiction at the National Judicial College in Reno,Nevada. Frazier-Clemons has been a judge in the familydivision of the Court of Common Pleas of the First JudicialDistrict in Philadelphia since 2004.ROBERT J.COLEMAN ’64 ANDPATRICIA COLEMANJENNIFER L. SAFFORD ’01 AND ALAN A. BENJAMINI ’896 • TEMPLE ESQ. FALL 20051988PHYLLIS E. BROSShas left the New Jersey AttorneyGeneral’s office to join Parker McCay, a firm in Marlton,New Jersey. Bross specializes in brownfields anddevelopment matters.WILLIAM S. MAILANDERwas recently appointed the generalcounsel of the Paralyzed Veterans of America. He alsoserves as corporate secretary for the Pro Bono Consortiumand is a member of its board of directors. THOMAS D. PARADISEhas been appointed general counselof Fox Rothschild. Before his assignment as generalcounsel, Paradise’s practice was focused primarily on legalmalpractice defense and commercial litigation. In 1996, hewas appointed partner with the firm and began his tenureas chair of the professional liability defense group.1989STEVEN A. HANN,of Hamburg, Rubin, Mullin, Maxwell &Lupin, was a featured presenter at a one-day seminar onstorm water regulation in Pennsylvania in August 2005. DAVID J. STEERMAN,a partner inObermayer Rebmann Maxwell & Hippel’slitigation department’s family law practicegroup, appeared on the CN8 program,“Money Matters Today,” in June 2005.Steerman’s practice is dedicatedexclusively to family law, and the showfeatured an updated program on pre-nuptial agreements. 1991DEBORAH WEINSTEINpresented “Blogs@Work: The Legal,Regulatory, and Practical Implications of Blogging on theAmerican Workforce” to the cyberspace and e-commercecommittee of the Philadelphia Bar Association’s businesslaw section in June 2005. Weinstein is the president andfounder of the Weinstein Firm, which specializes inworkplace issues.1992TAMARA L. TRAYNOR,a shareholder in thePhiladelphia firm of Miller, Alfano &Raspanti, has joined the board of directorsof the Philadelphia Committee to EndHomelessness. Traynor focuses herpractice on commercial disputes.1993ROXANNE ARENAis associate general counsel at Wawa,Inc., and recently joined the faculty of Neumann College asan adjunct professor in the liberal studies accelerateddegree program, offering courses in business law, judicialprocess and human resources law.TEMPLEESQ.Published by the Temple University BeasleySchool of Law for alumni and friends.ROBERT J. REINSTEIN, DEANPublications Director: Janet Goldwater Art Director: Gene GilroyPhotography: Joseph Labolito, Kelly & Massa Send letters and comments to: Janet Goldwater, Temple Esq. Temple University James E. Beasley School of Law1719 N. Broad Street, Room 510Philadelphia, PA 19122Email: janet.goldwater@temple.edu Fax: (215) 204-1185Change of address: (215) 204-1187V. KELLY MULHOLLANDis an associate at Weltman,Weinberg & Reis, a creditors’ rights firm, where heconcentrates his practice in bankruptcy matters in thefirm’s Philadelphia office. 1994JACQUELINE A. (HATOFF) SIEGELhas opened the firm ofJacqueline A. Siegel in Hamden, Connecticut. She focusesher practice on residential real estate.1995A partner at the personal injury firm ofEaton & McClellan, EMMANUEL O.IHEUKWUMERE,has been named a 2005Pennsylvania Super Lawyer.1998ELIZABETH MORGANand KATHRYN A. LEEwrote the article,"Legal Fictions and the Moral Imagination: Female FictionalLawyers Encounter Professional Responsibility," publishedin the spring 2004 issue of the William and Mary Journal ofWomen and the Law.DANIEL M. SCHAFFZIN,an associate withPepper Hamilton, received a pro bonoaward from the Pennsylvania BarAssociation at its annual meeting in May.The award recognized Schaffzin for hiswork in Commonwealth of Pennsylvania v. André Thompson,in which a team ofPepper lawyers won the reversal of a homicide convictionand death sentence. Schaffzin, a member of Pepper's healtheffects litigation practice group, was featured in the YoungLawyerssection of the August 11, 2005 Legal Intelligencer.KEVIN M. TOTHhas been appointed senior vice president ofclaims at Harleysville Insurance and is responsible for allclaims activities for the Harleysville organization, includingoversight of Harleysville’s home office central claimsprocessing center and four regional claims service centersin Massachusetts, Minnesota, New Jersey and Tennessee.Before joining Harleysville, Toth was an attorney in thelitigation depart-ment of the firm of Reed Smith.2001 Cozen O’Connor associate JENNIFER L. SAFFORD,winner of the 2005 Temple Law Alumni Service Award, will serveas TLAA treasurer for the upcoming year. Safford is anassociate in Cozen’s Philadelphia office, where shepractices in the trusts and estates planning group.SCOTT P. SIGMAN,a member of the Temple Law AlumniAssociation’s executive board and vice chair of thePhiladelphia Bar Association’s young lawyers’ division, has joined the firm of Bochetto and Lentz, founded by GEORGE BOCCHETTO ’78.Sigman concentrates his practicein litigation.in “direct death” cases (cases in which the defendant issubject to the death penalty under federal law). Rowley andher office handled the first such case in the Eastern Districtof Pennsylvania, in which the defendant eventually receiveda life sentence.Rompilla v. Beardwas “career highlight” Rowley’s office recently won a significant victory in theU.S. Supreme Court in the case of Rompilla v. Beard,Secretary, Pennsylvania Department of Corrections. In thatcase, Rompilla’s trial counsel failed to examine a readilyavailable prior conviction file that was, according to Rowley,a “treasure trove of mitigating evidence.” That file alsoprovided leads to other records that showed that Rompillasuffered from organic brain damage, possible fetal alcoholsyndrome, mental illness and retardation, alcoholism, andan extremely abusive upbringing. The U.S. Supreme Courtruled 5-4 that Rompilla received ineffective assistance ofcounsel and granted Rompilla a new sentencing hearing.For Rowley, being part of the team preparing Rompilla’sSupreme Court argument was a career highlight, and shesays it was “awe-inspiring to be at counsel table in thataugust and historic chamber.” Rowley has served on the Federal Defender AdvisoryGroup and continues to serve on other national committees,such as the Death Penalty Working Group and FederalDefender Funding Oversight Committee. Since Rowley’sorganization is one of the best established and most highlyregarded federal defenders, she sees participation innational advisory committees and mentoring lessexperienced offices and attorneys as an important part ofthe Federal Defender Office’s mission. Rowley’s office also provides support to attorneysappointed by courts under the Criminal Justice Act (CJA);courts select these attorneys from an eligible CJA panel.Rowley has developed an orientation, training, andmentoring program for attorneys who are eligible for courtappointment. “Pro bonoservice is an important part ofPhiladelphia lawyering,” she says. “Many private firmlawyers in Philadelphia give freely of their time. Experiencedprivate criminal attorneys volunteer to mentor new CJAattorneys. This is especially important because thesentencing guidelines are very complex.” CJA attorneys arecompensated at an hourly rate that is lower than what mostfirms need to charge to cover overhead. “We’ve been ableto attract good attorneys on the CJA panel through thesupport we provide. That’s part of our mission and ourresponsibility. It helps keep the level of practice high.”Rowley is an adjunct law professor at Temple and at theUniversity of Pennsylvania, where she was selected as theThomas A. O’Boyle Lecturer-in-Law. She is also a facultymember for the National Institute of Trial Advocacy.—Christina M. ValenteMAUREEN ROWLEY…continued from page fiveMICHAEL P. FLOWERS ’98 WILL HELPPROSECUTE SADDAM HUSSEINSUMMER 2005Michael P. Flowers ’98 left his job as a white-collarcriminal defense attorney at a Washington, D.C. law firm to join theinvestigative team working to send Saddam Hussein to the gallows. InIraq, Flowers works as an attorney adviser with the U.S. JusticeDepartment’s Regime Crimes Liaison Office, assisting the Iraqi SpecialTribunal in prosecuting Hussein. In mid-July 2005, tribunal officials announced the first formalcharges against Hussein. The charges stemmed from the dictator's rolein the massacre of 150 Shiites in the Iraqi town of Dujail in 1982. Ifconvicted, Hussein could face the death penalty. Flowers is stationed inthe International Zone in central Baghdad where U.S. occupationauthorities live and work. Flowers will remain in Iraq at least throughApril 2006.Dear Temple Law Graduate, Please send us news of your recent professional accomplishments or contributions to your community.________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________NAME _______________________________________________________________ PHONE ____________________________________________________ADDRESS (CHANGE OF ADDRESS ONLY) ____________________________________________________________________________________________________________________________________________________________________________________________________________________________FIRM/AGENCY NAME AND ADDRESS (CHANGE OF ADDRESS ONLY) __________________________________________________________________________________________________________________________________________________________________________________________________DATE ___________________________CLASS OF ________ DEGREE _________SENDUSYOURNEWS!Send to:Janet GoldwaterTemple Esq.Temple University Beasley School of Law1719 North Broad Street,Philadelphia, PA 19122Email: lawalum@temple.edu To change your mailing address, call (215) 204-1187 or go to the website athttp://www.temple.edu/lawschool/. Meyer S. GlasbergClass of 1979Tahani SalamaClass of 1994IN MEMORIAMTEMPLE ESQ. FALL 2005 • 7Thirty years ago,Marsha Levick and RobertSchwartz, newly-mintedattorneys in the lawschool’s class of ’75,shared a vision that wasalmost unprecedented atthe time: make the lawwork on behalf of children. With classmates JudyChomsky and PhilMargolis, they foundedJuvenile Law Center(JLC).This year, JLC, theoldest multi-disciplinarypublic interest law firm for children in the U.S.,celebrates its 30thanniversary, having grown from a local walk-in facility to a national center. Levick and Schwartz, who say they were inspired asstudents by the idealism of their Temple Law professors atthe time—including Dean Reinstein—have maintained aclose relationship with the law school. JLC recruits summerinterns from Temple Law, and Levick and other JLCattorneys have taught courses in juvenile justice and childwelfare at the law school.“We’re doing precisely what we set out to do from thebeginning,” says JLC co-founder and executive directorSchwartz. “The Center has worked tirelessly since 1975…ANTHONY J. THOMSON,a staff attorney at Dechert has beenappointed by Mayor John Street to the Philadelphia PoliceAdvisory Commission. STEVEN WITTENBERGis working as an associate at thePhiladelphia offices of Drucker & Scaccetti /Shaiman,Drucker, Beckman, Sobel & Stutman.2003DARA LOVITZhas been appointed to serveas the legal chair for the Pennsylvaniachapter of the Sierra Club. Lovitz is anassociate with Anapol, Schwartz, Weiss,Cohan, Feldman and Smalley, andconcentrates her practice in toxic tortlitigation, medical malpractice, productsand pharmaceutical liability, premises liability, and otherpersonal injury matters.2005CHRISTOPHER ROBINETTE LL.M.has joined WidenerUniversity Law School’s faculty, where he will teach courseson torts.BYRON G. STIER LL.M.has joined the faculty of South-western Law School in Los Angeles. Stier, an expert inmass tort litigation, will lecture on torts and is pursuingresearch on systemic reforms of the mass tort system.JUVENILE LAW CENTER CELEBRATES 30THANNIVERSARY1975 grads wanted Center to be a “resounding voice for children.”evolving from aPhiladelphia-baseddirect service to an officethat works to improvepolicy not only inPhiladelphia, butPennsylvania andelsewhere throughoutthe country.”JLC’s philosophy has been to employmultiple legal strategiesto advance children’srights, includingindividual casework, law reform litigation,appellate advocacy andamicus work in state andfederal appellate courts, as well as producing publicationsand offering training opportunities to the field. In the late’70’s, JLC’s earliest legal victories led to statewide changesin Pennsylvania’s juvenile detention practices. In the ’80’s,JLC teamed with advocates around the country to improveconditions of confinement for delinquent youth, and toreduce unnecessary placement of abused and neglectedchildren in out-of-home placements in the child welfaresystem. In 1990, when Philadelphia and other countiesaround the state wanted to address limited funding forPennsylvania child welfare services, city officials asked JLCto help. JLC represented a class of the state’s dependentand delinquent children in a suit that created a uniquefunding scheme for children’s services. In the mid ’90s, with Pennsylvania part of a nationaltrend to prosecute more youth in adult criminal court, JLC and Education Law Center-PA successfully sued thePennsylvania Department of Education to ensure youth’sspecial education needs were met even when confined inadult jails. In the late ’90’s, JLC and the PennsylvaniaACLU brought litigation to secure foster care payments forkinship caregivers, thereby enabling more foster children to be cared for by relatives. In 2003, the John D. andCatherine T. MacArthur Foundation named JLC to manageits juvenile justice reform initiative in Pennsylvania. Also in2003, JLC organized the efforts to write amicus briefsopposing the death penalty for juvenile offenders.Today, co-founder and legal director Levick says, “Wewanted to turn up the volume, to be a resounding voice forkids. Because of what we’ve been able to accomplish, thelegal landscape for children and youth looks significantlybetter than when we started.”ROBERT SCHWARTZ, JLC CO-FOUNDER AND EXECUTIVE DIRECTOR WITHMARSHA LEVICK, CO-FOUNDER AND LEGAL DIRECTORPRO BONO AWARD TO DON CARLEY ’95FEBRUARY 2005Donald M. Carley ’95, a litigation partner in the San Franciscooffice of Sonnenschein Nath & Rosenthal was the 2005 recipient of the firm’sRothschild Award, given in honor of outstanding pro bonocontributions. Carleyleads a team representing eight first-generation Chinese immigrants who live in arecently-purchased apartment building. The clients have been harassed by thenew owner as part of a strategy to drive them out and charge a higher rent to thenext tenant in violation of the local rent control ordinance. According to the firm’spro bonocommittee, the resulting “extremely contentious” litigation has entailednearly 1,000 hours of work.The Sonnenschein Award includes a $5,000 contribution to a charitydesignated by the recipient. Carley, who has named Temple Law as recipient,says, “I had my first opportunity to represent a ‘real’ client while enrolled inTemple’s clinical program … with the assistance of a partner at White & Williams.It was a great experience.”TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOLANDALUMNINEWS • FALL 2005NON-PROFITORGANIZATIONU.S. POSTAGE PAIDPHILADELPHIA, PAPERMIT NO. 1044TEMPLE UNIVERSITYJAMES E. BEASLEY SCHOOL OF LAW1719 North Broad StreetPhiladelphia, PA 19122VISIT OUR WEBSITE:HTTP://WWW.TEMPLE.EDU/LAWSCHOOL/WRITE TO US: LAWALUM@TEMPLE.EDUCALENDAR OF EVENTSMonday, September 26, 2005INST. FOR INTERNATIONAL LAW ANDPUBLIC POLICYLECTURE BY ALEXANDER BORAINE4 pm Duane Morris LLP Moot CourtroomThursday, September 29, 2005POLSKY MOOT COURT COMPETITION4 pm Duane Morris LLP Moot CourtroomTuesday, October 11, 2005THE HONORABLE PHYLLIS W. BECKCHAIR LECTURE:PROFESSOR SYLVIA LAWDuane Morris LLP Moot Courtroom 4 pmReception to followWednesday, October 19, 2005PENNSYLVANIA SUPERIOR COURTARGUMENTSDuane Morris LLP Moot CourtroomSaturday, October 22, 2005TEMPLE POLITICAL & CIVIL RIGHTSLAW REVIEW SYMPOSIUMShusterman Hall 9am-5 pmThursday, October 27, 2005INST. FOR INTERNATIONAL LAW ANDPUBLIC POLICYLECTURE BY THOMAS FRANCK4 pm Duane Morris LLP Moot CourtroomSaturday, October 29, 2005DELAWARE VALLEY INT’L LAW DAYKEYNOTE SPEAKER: THOMAS FRANCKShusterman Hall 9am-5 pmJULY 2005Peter H. Huang, anationally-recognized scholar in the fields of securities law andbehavioral law and economics, joinsthe faculty as the first Harold E.Kohn Professor of Law. The chairwas created in 2004 by the Barrackand Arronson foundations in honorof the Philadelphia trial lawyer whowas widely considered the architectof the modern-day class action. A pioneer in applying realoptions analysis to examine civilprocedure, class actions, federalcivil rights, and litigation, Huang’sprimary teaching interests includesecurities regulation and businessassociations, law and economics,and law and psychology ofhappiness, with a thematic focus on psychology and economics.Awarded a fellowship at the Institute for Advanced Study inPrinceton, he will serve as a visiting member in its Schoolof Social Science during the upcoming academic year. Huang’s research in the emerging field of law andemotion integrates theories in decision-making andbehavior from both cognitive and social psychology, as wellas the neurosciences, and applies them to the study andpractice of law. He believes that by teaching law studentsPETER H. HUANGNamed First Harold E. Kohn Professor of LawGRADUATION 2005MAY 19, 2005The Honorable Barbara S. Jones’73 spoke to the graduating class of 2005.Judge Jones, a United States District Courtjudge in Manhattan who was appointed to the bench by President Clinton in 1995,presided over the trial of WorldCom’s chiefexecutive Bernard J. Ebbers. about human psyche, judgment,and motivation, they will becomebetter agents for their clients, the legal system, and society as a whole. “We are proud to welcome suchan accomplished scholar andsuperb educator to the law school,”says Dean Robert J. Reinstein. “Hisdepth and scope of knowledge, aswell as his ability to analyze humanbehavior, are reminiscent of that ofHarold Kohn’s and will be atremendous asset to our curriculumand faculty.” Kohn died in 1999after a long career as a consumeradvocate. Kohn also devotedconsiderable time to cases involvingthe First Amendment, privacy,public transit, zoning, andcommercial transactions.Prior to joining Temple Law, Huang taught at theUniversity of Minnesota Law School and the University ofPennsylvania Law School. He received an undergraduatedegree in mathematics and economics from PrincetonUniversity, a master’s and doctorate in appliedmathematics from Harvard University, and a law degree from Stanford Law School.LEGACY PHOTOSNext >