TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOL AND ALUMNI NEWS • FALL 2010Professor Nancy J. Knauerwins top prizesIn a little more than a decadeProfessor Nancy J. Knauerhas authored twentypublications on issues relatedto identity, sexuality, gender,and the law. This year, herscholarship was recognizedwhen she received both theDukeminier Award and theStu Walter Prize from theWilliams Institute at UCLALaw School for her article“LGBT Elderlaw: TowardEquity in Aging,” publishedin the Harvard Journal ofGender and Lawin 2009. The Dukeminier Awardsare awarded by the WilliamsInstitute to recognize the best articles published eachyear on sexual orientationand gender identity law. The Williams Institute is anacademic think tank at the UCLA School of Law focused onsexual orientation and gender identity law and public policy.Each year, UCLA faculty and students screen severalhundred articles to identity the top forty articles, which areclosely analyzed in an annual seminar. Seminar participantsselect ten finalists, and an editorial board of faculty andstudents chooses the best three to five articles of the year. Knauer’s article, along with those of the other finalists, willbe reprinted in a special issue of the The Dukeminier Journal,named in memory of Jesse J. Dukeminier, a member of theUCLA law faculty for 40 years. Past award recipients includeProfessors Laurence Tribe, Andrew Koppleman, EugeneVolokh, and Kenji Yoshino.The Stu Walter Prize, which is being given out for the firsttime in 2010, is an endowed prize recognizing outstandingscholarship in the field of sexual orientation and the law.Previously, in 2004, Knauer’s scholarship was recognizedwith the Friel-Scanlan Award for her article Science, Identityand the Construction of the Gay Political Narrative.She hasalso been recognized many times for her excellence inteaching. In 2002, she was named a University “GreatTeacher” and received a CPR Dispute Resolution Award forteaching problem solving in the law school. She is also athree-time recipient of the George P. Williams Award forexcellence in teaching. She has served as Associate Dean forAcademic Affairs and is the former Peter J. LiacourasProfessor of Law.ENVIRONMENTAL LAWPROF’S WORK IS“BEST IN FIELD”Sinden makes a case for input limits to reduce pollution.In The Missing Instrument: Dirty Input Limits,Professor Amy Sinden makes the case forplacing regulatory limits on the inputs thatconstitute the root causes of pollution inaddition to—or instead of—the pollutingoutputs themselves. For example, inautomotive regulation, output limits wouldplace a cap on tailpipe emissions while inputlimits would cap the amount of gasoline thatwent into the vehicle to begin with. Input limits are often superior to outputlimits because of their ability to reducepollutants at multiple points along theproduction stream. As Sinden explains, “by reducing the amount of gas that goesinto a car, we can reduce the pollutantscreated by the gasoline production processitself: less gas means less air pollution fromoil refineries, fewer oil spills and relatedissues from crude oil transport, and lessecological disturbance from oil drilling. Itimpacts the entire chain of events instead ofjust the end result.”Sinden’s persuasive article, co-authoredwith David M. Driesen, was named one of thefive “best in the field” in environmental lawfor 2009 by a national panel of law professorsand environmental scholars. In recognition ofthis honor, The Missing Instrument: DirtyInput Limits,which appeared originally in theHarvard Environmental Law Review,will bereprinted in The Land Use and EnvironmentLaw Review,an anthology of the most currentscholarship on emerging land use anddevelopment issues.Sinden teaches popular courses in property, environmental law, and an upperlevel seminar on climate change. Herpublished work criticizes the misuse ofeconomic theory in environmental law,arguing against the use of cost-benefitanalysis in environmental standard settingand countering claims that private propertyrights can solve environmental problems inthe absence of government regulation. continued on page twoPROFESSOR AMY SINDEN, SHOWN AT THEWISSAHICKON CREEK IN PHILADELPHIA,WRITES ABOUT LEGAL AND REGULATORYAPPROACHES TO ENVIRONMENTAL PROBLEMS.GAY AND LESBIAN ELDERSKnauer’s book focuses on the unique challenges facing this often neglected population.The approximately two million gay and lesbianelders in the US are an underserved andunderstudied population. First in her award-winningarticle (see above), and now in Gay and LesbianElders: History, Law, and Identity Politics in theUnited States,to be published by AshgatePublishing in fall 2010, Professor Nancy J. Knauercontinues her probing exploration of the uniquechallenges facing this group. At a time when gaymen and lesbians enjoy an unprecedented degreeof social acceptance and legal protection, manyelders face the daily challenges of aging isolatedfrom family, detached from the larger gay andlesbian community, and ignored by mainstreamaging initiatives. 29137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 12 • TEMPLE ESQ. FALL 2010GAY AND LESBIAN ELDERScontinued from page 1Two days before SuperBowl XLI in 2007, thegame’s two opposinghead coaches posedwith the trophy one ofthem would claim afterthe contest. It was afairly unremarkableevent, except that bothcoaches were AfricanAmerican—a fact thatwas as much of a storyas the game itself. InDecember, 2010,Professor N. JeremiDuru’s new book,Advancing the Ball,willroll off the presses ofOxford University Press.Featuring a foreword bycoach Tony Dungy,Advancing the Ball reveals how this uniquemilestone resulted from the work of adetermined group of people whose strugglesto expand head coaching opportunities forAfrican Americans ultimately changed theNational Football League. “Since the league’s desegregation in1946,” says Duru, “opportunities had grownplentiful for African Americans as playersbut not as head coaches—the byproduct ofthe NFL’s Old Boys’ network and lingeringstereotypes of blacks’ intellectual inferiority.Although Major League Baseball and theNBA had, over the years, made progress in this regard,the NFL’s head coaches were almost exclusively white upuntil the mid-1990s.” Advancing the Ballchronicles thecampaign of former Cleveland Browns’ offensive linemanJohn Wooten to right this wrong and undo decades ofdiscriminatory head coach hiring practices—an initiativethat finally bore fruit when he joined forces with attorneysCyrus Mehri and Johnnie Cochran. Together with a fewallies, they galvanized the NFL’s African Americanassistant coaches to push for equal opportunity andconvinced the league to enact the “Rooney Rule,” whichstipulates that every team must interview at least oneminority candidate when searching for a new headcoach. Duru’s interest in the complex issues explored inAdvancing the Ballbegan early in his legal career. Afterearning a joint Master’s in Public Policy and J.D. fromHarvard and clerking for a federal judge, Duru worked asa litigator at Mehri & Skalet in Washington, DC. There,much of his work involved challenges to discriminatoryemployment practices in the world of professionalathletics, and in recognition of that work, the NationalBar Association honored Professor Duru with its 2005Entertainment and Sports Lawyer of the Year award.Duru, who joined the Temple Law faculty in 2005,teaches sports law, employment discrimination, and civilprocedure. In 2008, students voted him the George P.Williams Memorial Outstanding Professor of the Year.ADVANCING THE BALL FOR COACHES OF COLORDuru’s book explores race and sports in contemporary societyDrawing on materials from law, history, and socialtheory, Gay and Lesbian Eldersintegrates practicalproposals for reform with larger issues of sexuality andidentity. Beginning with a summary of existing demo-graphic data and offering a historical overview of pre-Stonewall views of homosexuality in order to providecontext for the current generation of gay and lesbianelders, Knauer goes on to address the invisibility of thiscommunity. She examines the multiple double bindscentral to their identity formation, including ageismamong gays and lesbians and homophobia amongseniors, and discusses specific legal concerns such as estate planning, housing, discrimination, and financial insecurity. Integrating theory with practical questions of policy, and advancing a newunderstanding of the construction of sexuality andidentity, Knauer’s book advocates meaningful newreforms designed to ensure equity and dignity in aging, regardless of sexual orientation.EXCERPT FROM Advancing the BallFans who viewed the Rooney Rule as unfairaffirmative action, meanwhile, were up inarms for different reasons. Several monthsearlier, the NFL, pleased about the rule’simpact in the head coaching ranks,expanded the rule to cover a team’s searchfor a general manager. Even many fans whohad grudgingly accepted and in some casessupported the rule began to question both itsexpansion and its continued necessity. Indeed, some such fans pulled theSupreme Court’s Grutter v. Bollingeraffirmative action decision intothe argument, noting thatJustice Sandra Day O’Connor,who authored the majorityopinion in that case, suggestedthe University of Michigan’s plus-factor admissions policy, whilereasonable at the time of thedecision, might eventually growunnecessary. Although O’Connor’stime horizon in the Grutter casewas twenty-five years, these fanswanted the Rooney Ruleabandoned much sooner, and theyexpressed their displeasure. The Rooney Rule and the mannerin which the NFL was administeringit were under attack from supportersand opponents alike. And although the League’sprecise path forward was unclear, CommissionerGoodell expressed no interest in scrapping the rule or otherwise pulling back on the League’sdiversity efforts. While the head coaches and general managersof color had generally been quite successful, their proportion of all NFL headcoaches and general managers remained quite low (among the League’s thirty-two teams, therewere only six and five, respectively) and continuedto lag far behind the proportion of the League’splayers of color. How best to catalyze further change—whetherthrough refining the Rooney Rule, as some of therule’s supporters were demanding, or throughexploring other equity-inducing initiatives—wasdebatable, but there was no debating the trackrecord the League had established over the course of the previous eight years. It had moved fromhaving virtually no head coaching or front officediversity to being an industry leader in equalemployment opportunity matters, and its efforts had begun to influence workplace diversity debates in others contexts. For better or for worse,depending on the perspective, the National FootballLeague had become a major player in the racialpolitics of the new millennium. EXCERPT FROM Gay and Lesbian EldersThe identities of the current cohort of gay andlesbian elders were forged within a historicalperiod that seems far removed from today’s realityof legalized same-sex marriage and openly gaycelebrities. The pre-Stonewall generation came ofage in a time when being “out and proud” was asure fire way to get a Section VIII discharge fromthe military or an appointment for electroshocktherapy. Homosexuality was classified as a severesociopathic mental illness and sodomy wasuniformly criminalized. The closet was not only a survival mechanism – it was, quite simply, a way of life. Today, gay men and lesbians who are age 65 and older are a largely invisible and silentminority. Existing demographic and gerontologicalresearch is frustratingly incomplete and partial.Growing anecdotal evidence, supported by datacollected by advocacy groups, suggests that gayand lesbian elders struggle with financialinsecurity and social isolation. They over-whelmingly rely on single-generational chosenfamilies for support, underutilize aging resources,and face significant barriers to health care and related elder care services. Fearful ofdiscrimination, gay and lesbian elders are proneto retreat to the closet when dealing with healthcare and elder care professionals or living ininstitutional settings. The willingness and ability of gay and lesbian elders to conceal theiridentities contributes to their invisibility and, in so doing, allows heteronomative andhomophobic practices to go unchallenged. As one study concluded, “The difficulty inundertaking change in an environment in whicholder gays and lesbians are profoundly silentcannot be underestimated.”29137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 23 • TEMPLE ESQ. FALL 2010increasingly demand that law schools teach thefundamentals of black letter law, and yet also providepractical knowledge enabling graduates to excel at thepractice of law in the real world. I look forward to helpingstudents understand how the law that we study is actuallypracticed in corporations, government, non-profits, and law firms.”Assistant Professor Brishen Rogers is teaching a courseon torts and a seminar on emerging issues in labor law.Rogers came to Temple from Cambridge, MA, where hewas a Climenko Fellow and Lecturer in Law at Harvard LawSchool. There he had the opportunity to conduct researchin employment law and corporate law, and teach first-yearlegal research and writing. He has published on varioussubjects related to the law of the workplace, includingcorporations’ responsibility for wage and hour violationsamong their contractors and suppliers, and the complexrelationship between shareholder primacy norms andcorporate social responsibility.“I’m thrilled to be joining the faculty at Temple Law,”Rogers says. “I’ve seen first-hand how low-wage workersoften lack effective legal representation, and thereforecannot effectuate their legal rights. Teaching at Temple Lawseems like a perfect way to help remedy that, as Templegraduates are nationally renowned as first-rate attorneyswith a strong commitment to social justice.”Prior to his Harvard fellowship, Rogers was in-houseattorney for the pension advisory arm of Change to Win, a labor federation with more than six million members. Harvey earned his undergraduate degree fromDartmouth College in 1995, as well as a master’s degree in1997 and a doctorate in 2005 from Stanford University. Heearned his law degree in 2000 from Stanford Law School,where he was senior articles editor of the Stanford Law &Policy Review.Rogers earned his undergraduate degree in 1998 fromthe University of Virginia, and his law degree in 2006 fromHarvard Law School, where he was president of the Laborand Employment Law Project and co-editor in chief ofUnbound,a new law review.“We are delighted to welcome these exceptionally giftedprofessors to our faculty,” says Dean JoAnne A. Epps.“Their experience and reputations serve to further solidifyour profile within the academic and legal communities,enabling us to enrich and broaden these key areas of our curriculum.”AUGUST2010Hosea Harvey and Brishen Rogersjoin the sixty plus members of the Temple Lawfaculty this fall semester. Their areas of expertisewill bolster the law school’s already strong—andrapidly expanding— business and employment andlabor law course offerings.Professor Peter Spiro chaired the five-personcommittee that was charged with the search fornew faculty. “Brishen and Hosea were among thebest candidates in an extremely strong applicantpool,” says Spiro. “The result shows that Templecan compete with other top law schools inattracting rising academic stars and build on themany other excellent entry-level additions to thefaculty in recent years.”Assistant Professor Hosea H. Harvey will beteaching courses on contracts and banking, and aseminar on race and gender issues in corporatelaw, markets, and business organizations. Prior toaccepting the position on the Temple Law faculty, he wasgeneral counsel for New York Needs You—a non-profitfocused on mentoring, cultivating leadership, andenhancing career opportunities for low-income, first-generation New York college students—and an associategeneral counsel, specializing in non-profit corporate legalmatters, for Planned Parenthood Federation of America. Harvey was previously a corporate associate at Cravath,Swaine & Moore LLP. He also clerked for Judge Ann ClaireWilliams of the U.S. Court of Appeals for the SeventhCircuit and for Judge Barrington D. Parker Jr., then of theU.S. District Court for the Southern District of New York.Harvey's research centers around using empiricalmethods to solve a central question: what is theappropriate role of the law in minimizing the effects of raceand gender disparities in business and consumer markets?His past work includes examinations of the politicalpsychology of race and politics in the U.S., as well as anexamination of the causes and legal consequences of raceand gender disparities in the business operations of filmand sports markets.Professor Harvey is excited about being able to use hisdiverse corporate law practice experience to enhance histeaching. “Today’s market-savvy law students willHOSEA H. HARVEYPROFESSOR PARTICIPATES ININTERNATIONAL CRIMINALCOURT CONFERENCEJUNE2010Professor Margaret M. deGuzman, whoteaches criminal law, international criminal law andtransitional justice, traveled to Kampala, Uganda to attendthe Review Conference of the International Criminal Court(ICC). Seven years after the ICC became operational,delegates from more than 100 countries gathered inUganda to take stock of the ICC's achievements, to pushforward proposals to strengthen its rules, and to arrive at aconsensus about what defines “crimes of aggression.” As a Yale Law student, deGuzman had participated inthe historic 1998 Rome gathering at which the Hague-based court was established. In Rome, she was assignedto advise the government of Senegal about the treaty’simplications for that country. The U.S., which is not a partyto the Rome Statute, participated actively in the ReviewConference as an observer state. The U.S. was representedat the Kampala conference by a sizable delegation led bydeGuzman’s mentor, State Department Legal Adviser andformer Yale Law School Dean Harold Koh.Over a week’s time, deGuzman, an accredited conferenceobserver, conducted interviews with conference participants,including a number of current and former chief prosecutorsof international criminal tribunals. The interviews relate to her research on the relationship between the goals of the ICC and the exercise of prosecutorial discretion to selectcases. This work is part of deGuzman’s broader researchagenda on the appropriate role of international criminal law in the global legal order. Ever since she attended the Rome conference in 1998,deGuzman has been researching the impact of the ICC.She first wrote about the ICC in 1999, in “Article 21,Applicable Law,” for Commentary on the Rome Statute ofthe ICC.In 2009, her article “Gravity and the Legitimacy ofthe International Criminal Court” was published in theFordham International Law Journal.She has authoredchapters on “Crimes against Humanity,” in two Handbooksof International Criminal Law.She is also co-author of“Initiation of Investigations and Selection of Cases,” inTowards Codification of General Rules and Principles ofInternational Criminal Procedure,to be published in 2010. Hosea Harvey and Brishen Rogers join facultyNew profs bring expertise in banking, labor law.BRISHEN ROGERSMARGARET DEGUZMAN WITHBEN FERENCZ, THE SURVIVINGPROSECUTOR FROM THENUREMBERG TRIALS.PRINCE ZEID OF JORDAN CHAIREDTHE ICC CONFERENCE IN UGANDA.29137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 34 • TEMPLE ESQ. FALL 2010AUGUST2010Professor T. Melindah Bush has beennamed co-director of Temple’s 11-year old LL.M. degreeprogram at Tsinghua University in Beijing, China. Bush willco-direct the LL.M. program with Professor Mo Zhang, anexpert in Chinese and comparative law. “The Chinese attorneys and judges who enroll in theLL.M. program have had an extraordinary teacher inMelindah Bush,” says Co-Director Mo Zhang. “In additionto legal expertise and classroom skills, she brings a deepunderstanding of Chinese culture to her position. I verymuch look forward to our collaboration.”Bush has been teaching in the program since 2005,and since 2006 she has also directed and taught inanother Temple Law initiative—a judicial educationprogram operated jointly by Temple Law School and theNational Judges’ College in Beijing. Today, in addition toher administrative responsibilities, Bush continues to teachcourses in U.S. tort law, evidence, case briefing, civilprocedure and constitutional law.Bush has lived in China since 2004, when herhusband was offered a job with O’Melveny & Myers LLP inBeijing. Bush was eager to accompany him. She saw themove as an opportunity to explore the growing number ofrule of law programs in China. But she also leapt at thechance to expose her two sons to the language and cultureof China as young children. Bush—who is half-Malay—credits her early exposure to Asian culture with creatingher world perspective. She had spent much of her childhood in Malaysiawhere her father, a surgeon, worked for many years. Afterthe family relocated to the U.S., regular trips to visit familyin Malaysia included side trips to Japan and Korea. Itseemed inevitable to Bush that she would return to Asiasomeday as an adult. Her first opportunity came when shewas an undergraduate political science student atUniversity of California, Los Angeles. As a participant in the Peace Studies Exchange Program at Meiji Gakuin(University), she conducted primary research on the role of minority interest groups in Japanese politics. Later, as a law student at Harvard, Bush’s interest inAsia led her to help organize an annual Asia BusinessTEMPLE IN ASIAS. KOREA PROGRAM EXPANDSTEMPLE’S ROLE IN ASIASummer program brings Korean students to Temple.JUNE2010Under the auspices of a recently launchedcollaboration between Temple Law School and a Koreanlaw school, twelve South Korean law students spent fourweeks at Temple Law, gaining intensive exposure to theAmerican legal system and the language in which it ispracticed in a program developed by Temple law alumPeter Kim. When Peter Kim ’78 came to Temple Law to earn his J.D., he was one of the first international students to do so. As in much of the world, a law degree in SouthKorea was only offered at the undergraduate level, buttoday the system has been modified to offer a US-basedgraduate level J.D. degree. These advanced degrees are now offered at 25 South Korean law schools. Thisstructural change inspired Kim to return to Temple Lawwith a proposal to collaborate on educating future Korean attorneys.After many years of a successful legal career, Kim isnow the Dean of Dong-A Law School in Busan, SouthKorea. Recognizing Temple Law’s strength in internationallegal education—including a highly successful LL.M.program in China—Kim approached his alma materabouta collaboration. Dean JoAnne A. Epps agreed to establish asummer program for Dong-A students that wouldprecede—and prepare them for--the courses they wouldtake towards an LL.M. at Temple. The program is also opento students from South Korea’s other law schools. The inaugural program—Temple-Dong-A SummerProgram (TDAS)—was launched this summer, and thetwelve South Korean students traveled to Philadelphia for afour-week introduction to the American legal system taughtby attorney Marc Durant of Durant & Durant. Robin Nilon,Assistant Professor of Law and Director of the WritingCenter for International Students at Temple, taught thestudents legal English and communication skills. Studentshad the opportunity to observe a criminal trial, tourWashington DC, and prepare an oral argument, which theypresented before federal judges Timothy Rice ’82 and PaulDiamond. “These students were extraordinarily engaged,motivated and appreciative,” says Durant. “They were adelight to work with and I look forward enthusiastically toparticipating in this program again.”The collaboration with Dean Kim and Dong-A is “anexciting opportunity to participate in the transformation ofthe South Korean legal education system,” says AssistantDean for International Programs Louis Thompson. “Itallows Temple Law to add another academically enrichingopportunity to our already diverse portfolio of transnationalprograms and exchanges.”Conference. She also served as president of the HarvardAsia Law Society, senior editor of the Harvard Journal ofLaw and Public Policy, and editor of the Harvard AsiaQuarterly.Immediately after law school, Bush clerked forJudge Richard F. Suhrheinrich of the U.S. Court ofAppeals’ Sixth Circuit. Prior to joining the Temple Lawfaculty, Bush was an associate in the litigation departmentof Kaye Scholer in Washington, DC. The LL.M. degree-granting program has been educatingChinese attorneys and judges for the past decade. The 15-month program, which includes a summer semester inPhiladelphia, has awarded 347 LL.M. degrees. In addition,Temple Law’s ambitious “rule of law” program includesinnovative training seminars for the Chinese judiciary andlegal educators, and has been instrumental in supportingcurriculum development in Chinese law schools. Louis Thompson, Assistant Dean for Graduate andInternational Programs, watched 46 students graduatefrom the LL.M. program as part of the tenth Anniversarycelebration of Temple Law’s presence in China.“Witnessing the ninth graduating class march across thestage was an inspiring testament to the longevity of ourprogram and a tribute to the vision of former DeanReinstein and the commitment of Dean Epps to ourmission in China. Seeing members from each of thoseclasses at the banquet that followed was gratifying measureof what our program has meant to its participants.”To date, over 900 participants have benefited fromTemple’s various legal education programs in China.Lawyers coming out of these programs have supplementedtheir Chinese legal education with an understanding ofAmerican legal reasoning, ranging from trial techniquesand rules of evidence to civil procedure and judicialindependence.“The China program is one of the law school’s greatestachievements, and has helped place us at the forefront ofglobal legal education,” says Dean JoAnne A. Epps.“Melindah Bush has been a valuable part of this programand we know her vision and expertise will continue to takethe program in new and exciting directions.” VISITING SOUTH KOREANSTwelve law students from South Korea studied at Temple thissummer. Above: Dean JoAnne A. Epps addressed students at awelcoming reception in Shusterman Hall. Right: the group visitedWashington, DC. While there, they met with Frank Razzano ofPepper Hamilton.THRIVING CHINA PROGRAM HAS NEW CO-DIRECTORCHINA PROGRAMT. Melindah Bush,Co-director29137_TLS:ESQ_Sept06/f 9/16/10 3:39 PM Page 45 • TEMPLE ESQ. FALL 2010DELEGATION TOURS ASIA JUNE2010Dean JoAnne A. Epps traveled to Asia with aTemple University delegation that included President Ann Weaver Hart, members of the board of trustees, and Senior Vice Provost for International Affairs Hai-LungDai. The university has more than 110 exchange programsin cities around the world that aim to enrich theeducational experiences of domestic and internationalstudents, encourage the exchange of ideas and bolstercollaborative research. In Beijing, where Temple Law’s LL.M. program islocated, President Hart met with Tsinghua University VicePresident Xie Weihe to extend the universities’ educationpartnership for another five years. The program, begun in1999, was the first international law degree-grantingprogram approved by both the Chinese Ministry ofEducation and the American Bar Association. The Temple delegation also met with the Vice Minister of Education Chen Xi to discuss opportunities to increase collaboration between Temple and otherChinese institutions. In both Japan and China, the Dean encountered astrong network of proud Temple alums. “It was extremelygratifying to learn firsthand how our alumni are using theirTemple Law School education in the workplace and arecontinuing to network among themselves and develop theirpractice areas,” says Dean Epps. TEMPLE IN ASIAASIAN DELEGATIONTemple delegation visited theGreat Wall outside of Beijing.CHINESE LLMSHOSTWEDDING FOR HEROICTIBETAN CLASSMATESJUNE26, 2010Alumni of Temple Law’s LL.M. program forChinese attorneys have formed strong bonds. The strengthof those bonds was dramatically demonstrated whenalumni joined together to organize and pay for the weddingof fellow graduates Gongbao Zhandou, LL.M. ’08 andDawa Yongji, LL.M. ’09. Gongbao and Dawa were both students in TempleLaw’s LL.M. degree program for Chinese attorneys. Both ofthe Tibetan attorneys hailed from the western Chinese cityof Yushu, Qinghai Province and their families rejoicedwhen they announced they would marry in April, 2010. But three days before their wedding—on April 14—when a 7.1 magnitude earthquake instantly ravaged thehistoric city, Gongbao and Dawa’s future home wasdestroyed. The two cancelled their wedding andimmediately threw themselves into earthquake relief work.Xinhua News Agency credited them with rescuing tenpeople from the wreckage. They went on to help gatherstatistical data, and disburse relief funds, and provide freelegal services to victims of the disaster. When the dust settled, Gongbao and Dawa’s formerclassmates threw them a gala Tibetan wedding at theTsinghua campus in Yushu. More than 100 friends andfamily members took part in the ceremony, with alumnicoming from Jiangsu Province, Tianjin, Australia, andFrance to Beijing to participate in the celebration.Concerned alums and faculty also collected funds for therelief effort, which were delivered to the newly-marriedcouple to disperse. TEMPLE HOSTS CRIMINALTRIAL WORKSHOP IN CHINAJULY 2010 Dean JoAnne A. Epps and Professor EdwardOhlbaum led a team of educators who traveled to Xining—a region of China with little international exposure toWestern legal systems—to conduct a workshop on faircriminal trials. Demonstrations were aimed at stimulatingthought on how Chinese criminal procedure can berevised. The faculty also included U.S. Magistrate Judge L. Felipe Restrepo and Adjunct Professor Carrie Cinquanto.The workshop was organized by Temple Law School incollaboration with the State Administration of ForeignExperts Affairs, Qinghai University for Nationalities, and theJudicial College for Qinghai province. The group of 46participants included judges, prosecutors, law professors,and government officials. Sixteen of the participants wereethnic minorities, including nine Tibetans.“I was gratified to see how the participants graspedconcepts of U.S. law,” reports Louis Thomspon, AssistantDean for Graduate and International programs, who alsoattended the conference, “particularly how they respondedto the value of cross examination, witness testimony, andjury trials.” CRIMINAL TRIAL WORKSHOPProfessor Edward Ohlbaum delivers a closingargument at the Criminal Trial Workshop inChina. Dean JoAnne A. Epps also participatedin the workshop.TIBETAN WEDDINGGongbao Zhandou,LL.M. ’08(left) andDawa Yongji, LL.M. ’09exchange rings at awedding ceremony atTsinghua campus inYushu, China. 29137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 56 • TEMPLE ESQ. FALL 2010ARE IMMIGRANTS GOOD FOR THE ECONOMY?The Pennsylvania House approved a crackdown on illegal immigrantsthrough two bills that would require contractors to verify citizenship. “I think it's a mistake as a matter of policy,” said PROFESSOR PETERSPIRO.“I think that immigrants are good for state economies andanything that pulls out the welcome mat from immigrants turns outbeing bad for state economies. This is sort of a more mild version of the Arizona phenomenon (that is) looking to undertake enforcement atthe state level.” —Fox 29, June 8, 2010A judge recently blocked key parts ofArizona's tough new immigration law hoursbefore it was to take effect. Now, a YouTubevideo shows a man—who is not anImmigration official—approaching foreignworkers at a local construction site andasking if they are here legally. Is this the tipof the iceberg of the behavior we can expect?“The issue of immigration in these hardtimes is always going to have traction,because people know there are 11 to 12million illegal persons in the United Stateswho aren’t supposed to be here who are working jobs that Americanworkers would like to have for themselves,” said PROFESSOR JAN TING.—Fox 29, July 29, 2010ABREU ENDORSES SUPREME COURT JUSTICE KAGANA Temple Law professor was pleased as punch to see Elena Kagan inSupreme Court confirmation hearings because of time they spenttogether at Harvard. PROFESSOR ALICE ABREUspent two semesters inthe hallowed Harvard halls, spring ’04 and ’06. The first was as Kaganwas finding her stride as Dean and later to see how well she’d growninto the job. Leading the Harvard Law faculty, Abreu says, is likeherding cats, a trait that might come in very handy with the Supremes.It’s safe to say Professor Abreu is a fan: “I think I was privileged to have visited at Harvard the two semesters that I did. I think it confirmsmy sense of the President’s judgment that he had the good judgmentto select her. I can’t think of anything, of any word that wouldn’t make me sound like a teenager.” Abreu says Kagan’s ability to buildconsensus without sheer force of will should benefit the court. —KYW Radio, June 29, 2010RAMJI-NOGALES WEIGHS IN ON ARIZONA LAWPROFESSOR JAYA RAMJI-NOGALESappeared on WURD’s “Mid-Day Cafe” to discuss theArizona immigration law, the preliminaryinjunction against it, and the implications ofboth on citizens and undocumented workersthroughout the country. In the program, shecritiqued the Arizona bill as overly broad, andexplained that there are numerous criminaland immigration laws already in existence thatcan be used to address violence and gangactivity at the border. She laid out the positionof the federal government, which views thelaw as a threat to its careful balance ofpriorities in the immigration realm, and expressed concern over thesignificant harm to individuals and families that would result fromimplementation of the law. —WURD AM, August 3, 2010FacultyON THERecordENVIRONMENTAL LAW PROF: “NO CHANCE” OF POLICY REWRITE ENVIRONMENTAL LAW PROFESSOR AMY SINDENis one of the academics andactivists who say there is “no chance” that President Obama will rework theexecutive policies carried over from his predecessor that tell agencies how towrite regulations and outline a White House oversight role. Obama had raisedexpectations for major changes in his first weeks in office, when he requestedrecommendations for new executive orders on issues such as scientificintegrity, public disclosure and regulatory review, touting them as part of aplan to make his administration “the most open and transparent in history.”—New York Times, July 14, 2010PROF SEES OPPORTUNITY IN JUVENILE RULINGThe U.S. Supreme Court recently ruled that juveniles cannot be sentenced tolife without parole for any charge other than homicide, citing the country’s‘evolving standards of decency’ and the Eighth Amendment’s ban on crueland unusual punishment. This has prompted post-conviction relief petitionson behalf of prisoners who were sentenced as juveniles. “The challenge we’reraising isn’t letting them all out on the streets,” says PROFESSOR SARAJACOBSON.“We are just asking for the possibility of parole and redemption,that what an inmate has done in prison for years and years should count. That you’ve been good, and understand what you’ve done.” —Philadelphia Inquirer, July 18, 2010FACEBOOK “LIKE A NATION-STATE” SAYS POSTAfter becoming Britain's prime minister, DavidCameron wanted a few tips from somebody who couldtell him how it felt to be responsible for, andaccountable to, many millions of people. He turned toMark Zuckerberg, the founder and boss of Facebook.Was this just a political leader seeking help from theprivate sector—or was it more like diplomacy, acomparison of notes between the masters of two greatnations? Many web-watchers do detect country-likefeatures in Facebook. “[It] is a device that allowspeople to get together and control their own destiny, much like a nation-state,”says PROFESSOR DAVID POST.—The Economist, July 21, 2010CARTER SAYS AGGRESSIVE POLICING CREATES DISTRUSTAn increasingly tense relationship between residents and a handful of policecontributed to chaos that erupted on Franklin Street on June 19. The incidenthas prompted questions about whether policies like stop-and-frisk do moreharm to neighborhood relations than they’re worth.PROFESSOR WILLIAM CARTERsaid that accusations of“overly aggressive policing of minority communities”are usually discussed in terms of civil rights or racialissues. “It’s simply bad policing to police a communityin a way that the community feels that it’s constantlyunder suspicion,” he said. “If the community distrustsyou, then the everyday situations, like [on FranklinStreet], can spiral out of control.” —PhiladelphiaDaily News, August 3, 2010KAIRYS WEIGHS IN ON PRIVACY ISSUEBruce Jackson suffered years of neglect and starvation at the hand of hisadoptive mother. An unusual order to seal his court records has placed the25-year-old in such a protective cocoon that almost nothing can be knownabout his care under state guardianship, monitored by the same departmentthat failed him in the first place. Several advocates for the disabled said theywere deeply troubled by the lack of transparency, even in the absence ofallegations of mistreatment. PROFESSOR DAVID KAIRYS,a constitutional lawexpert,said the question of whether the state was providing “all the servicesthat this young man needs and deserves doesn’t seem to be a legitimate areaof privacy.” — Philadelphia Inquirer, August 1, 201029137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 67 • TEMPLE ESQ. FALL 2010FALL 2010 AT TEMPLE LAWFALL 2010 ENTERING CLASSDID YOU KNOW?•This year’s entering class was selected from arecord pool of over 4,700 applicants. • While students hail from 136 colleges anduniversities, Penn State, University of Pennsylvaniaand Temple are the top three feeder schools.•Among the 74% of the class who worked prior tolaw school are an intelligence analyst, biomedicalengineer, victim advocate, documentary filmmaker,newspaper reporter, TV producer, architect,antiquarian book dealer and a state budget analyst.Others have served in Americorps, Peace Corps,Marine Corps, Teach for America, and mission workin the U.S. and abroad. Some have volunteered asfire fighters or coaches. •Members of the entering class were born in Italy,India, Vietnam, Trinidad, South Africa, South Korea,Philippines, Ukraine, France, Switzerland and Japan.The majority of the class is fluent in anotherlanguage; many speak several languages, includingone student who listed seven. • More than 10% of the class have earned advanceddegrees, including four PhDs, five MBAs, and 23other graduate and master’s degrees.•The entering class excels in more than academics,and includes a Division One distance swimmer, anational freestyle wrestling champion, a seconddegree black belt in Tae Kwon Do, and collegefootball captains. The arts are well represented aswell, by a capella singers, actors, musicians, aplaywright and a stand-up comedian. •Temple’s evening program—taught by the full-timefaculty—continues to offer a convenient option formany working students. The sciences dominate thisyear’s evening division, withtwo research scientists,two nurses, two chemists,one molecular labtechnologist, onepharmacist, and onesoftware engineer. •A growing number ofstudents cite the array ofinternational programs asone of the reasons theychose Temple. Based oncurrent trends, at least 20%of the entering class willparticipate in some type ofinternational study orinternship. J.D. students at Temple have theopportunity to studyalongside LL.M. candidates from over 21 countriesworldwide. THIS YEAR’S ENTERING J.D. CLASS Class size: 326Median LSAT: 161Median GPA: 3.44Average age: 25States and foreign countries represented: 31Undergraduate schools and colleges represented: 136Minority students: 27%Students with at least one year of work experience: 74%LAW SCHOOL WELCOMESNEW STUDENTS AUGUST 19, 2010New students were joined byfaculty, administrators and member of the law schoolcommunity for a festive welcome party. The receptionwas held at the Constitution Center in the historic OldCity neighborhood of Philadelphia. DEAN OF STUDENTSMARYLOUISEESTENDEAN JOANNE A. EPPS29137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 71960sGEORGE W. SHANKS ’69is the Virginia State Bar’s newpresident-elect. Shanks was a special assistant to U.S. Sen.Harry F. Byrd Jr. from 1972 to 1977 before starting thefirm of Miller, Earle and Shanks in Luray, VA. He is thecounty attorney and commissioner of accounts for PageCounty. Shanks also created the award-winning Law-Related Education Project of the Page County BarAssociation, in which attorneys visit classrooms to talkabout the law, and students visit the U.S. Supreme Court.1970sSTEPHEN H. FRISHBERG ’71, LL.M. ’96,ofDeeb, Petrakis, Blum & Murphy has beenelected the first vice president of theGolden Slipper Club and Charities ofPhiladelphia. He also spoke on federalestate and gift tax considerations for theestate planner at a Pennsylvania BarInstitute seminar in August, 2010. Frishberg has alsoserved as president of the board of managers of Temple’sFox School of Business. KATHRYN KOLBERT ’77is the director ofthe Athena Center for Leadership Studiesat Barnard College and ColumbiaUniversity. The Athena Center runs lectureseries, mentorship programs, film festivalsand is launching a Leadership Lab toteach women the practical elements ofleadership. Kolbert was formerly president of People for theAmerican Way. Prior to that, she held a position at theAnnenberg Public Policy Center at the University ofPennsylvania, where she launched NPR’s Justice Talkingradio program.DIANE ROTHBERG PEVAR ’78,Chair of theDepartment of Business and Legal Studiesat Manor College in Jenkintown, PA, waschosen Outstanding Teacher for 2010 bythe college’s student body. Pevar is a pastpresident of the American Association forParalegal Education.1980sJOSEPH H. BLUM ’82,a partner at Deeb,Petrakis, Blum & Murphy, has beennamed to the board of directors of theNational Kidney Foundation serving theDelaware Valley. In Blum’s legal practice,he focuses on complicated commercialand tort matters in both state and federalcourts, and assists clients in their response to governmentinvestigations and subpoenas. A former police officer, Blumis a member of the American Bar Association’s litigationpretrial practice and discovery committee and thePhiladelphia Bar Association’s technology committee.KEVAN F. HIRSCH ’82,a principal of KaplinStewart in Blue Bell, PA, has beenappointed vice chair of the Lawyers’Assistance Committee of the PennsylvaniaBar Association for a one-year term.Hirsch is a member of Kaplin Stewart’sconstruction law, commercial litigation andemployment groups. 8 • TEMPLE ESQ. FALL 2010MARK L. GOLDSTONE ’84was described as “head attorneyfor the country’s liberal activists” in a June 2010 featurearticle in Congressional Quarterly.Goldstone, who has aprivate practice in Washington, DC, is well-known fordefending political activists. Most recently, Goldstone and another attorney represented 23 protesters arrestedwhile demonstrating against the ongoing detentions inGuantanamo Bay. Following law school graduation,Goldstone worked on Walter Mondale’s unsuccessfulpresidential bid against Ronald Reagan, and next worked briefly on Capitol Hill. Goldstone then left politics to take a job as a public defender before opening hiscurrent practice.CARLTON L. JOHNSON ’84has beenappointed to serve a second consecutiveone-year term on the minority barcommittee of the Pennsylvania BarAssociation. A partner in the Philadelphiaoffice of Archer & Greiner, Johnson is co-chair of the firm’s civil rights andgovernment relations practice groups.SANDRA R. CRAIG ’86was appointed a workers’ compen-sation judge for the Pennsylvania department of labor andindustry in Philadelphia in December, 2009.Ballard Spahr recently named LOUIS L. CHODOFF ’88apartner in the firm. He is a member of the litigationdepartment and labor and employment group in theVoorhees, NJ office. Chodoff is also co-chair of theworkplace harassment committee of the American BarAssociation’s Labor and Employment Law Section, andprovides training for clients in harassment prevention andunion avoidance.ANDREW S. ABRAMSON ’89,of AbramsonEmployment Law, has been namedpresident of the Kelly Anne DolanMemorial Fund of Ambler, PA. The fund isa non-medical resource center thatprovides advocacy, education,information, and financial assistance forthe uninsured needs of families caring for terminally,critically, and chronically ill, severely disabled, or seriouslyinjured children.In May 2010, divorce and family lawattorney LORI K. SHEMTOB ’87addressedfamily and marital therapists at the annualmeeting of the Family Institute ofPhiladelphia. Shemtob is a fellow of theAmerican Academy of MatrimonialLawyers, and is certified by the AAML asan arbitrator. Shemtob’s practice is based in Blue Bell, PA.In August 2010, Stetson Law ProfessorELLEN S. PODGOR LL.M. ’89,was awardedthe Robert C. Heeney Memorial Award,the highest honor of the NationalAssociation of Criminal Defense Lawyers.Podgor is the LeRoy Highbaugh Sr.Research Chair and Professor of Law atStetson, where she teaches courses in white collar crime,criminal law and international criminal law. She also co-chairs the advisory board of The Champion,a magazineaddressing concerns of criminal defense lawyers, and sheauthors the White Collar Crime Prof Blog.ANITA CARR SHAPIRO ’89is vice president at the Practising Law Institute overseeing the content and delivery of over 300 continuing legal education programs.She will be a speaker at the Annual Meeting of theAssociation of Continuing Legal Education in New York Cityon July 27th covering the topic “Opening Night or ClosingNight? How to Successfully Budget a Program.” She is anactive member with the American Bar AssociationBusiness Law Section and a member of the NationalAssociation of Women Lawyers.NOTESClassGRADUATING CLASS OF 2010MAY 20, 2010295 J.D.s and 100 LL.M.s received diplomas at Temple Law’s 110thcommencement. The featured speaker was Carolyn Lamm, President of the AmericanBar Association. Stephen T. Descano was electedby his classmates in the evening division to speakat commencement, and the speaker for the daydivision was Michael P. Zabel.STEPHEN T. DESCANO ’10MICHAEL P. ZABEL ’1029137_TLS:ESQ_Sept06/f 9/10/10 8:04 PM Page 81990sFRANK MURPHY ’92,a partner at Deeb,Petrakis, Blum & Murphy, has beennamed to the Temple University College ofEngineering Alumni Association’s board ofdirectors. Prior to law school, Murphyearned a degree in MechanicalEngineering Technology from TempleUniversity. He currently practices in the areas ofconstruction law and commercial litigation, and also has anactive municipal law practice.GICINE P. BRIGNOLA ’94is the new executive director of thePennsylvania Board of Law Examiners. Brignola began herduties the first week of September, 2010, working out ofthe Pennsylvania Judicial Center in Harrisburg. Brignolawas the assistant dean for career services at the DickinsonSchool of Law in Carlisle since 2000. Reed Smith LLP recently announced thatPAUL J. JASKOT ’95,a partner in itsPhiladelphia office, will be practice groupleader of the firm’s U.S. corporate andsecurities group. Jaskot, who has beendeputy practice group leader of the groupsince 2007, practices in the areas ofmergers and acquisitions, securities, corporate governance,general corporate and financing matters. He also currentlychairs NPower Pennsylvania, a nonprofit corporation thatassists other nonprofits in the effective use of technology.PAUL F. JENKINS ’95was recently named partner of BallardSpahr. He is resident in the firm’s Voorhees, NJ office, anda member of the litigation department, insurance group,and product liability and mass tort group. Jenkinscoordinates Ballard Spahr’s involvement in the RutgersChildren’s SSI Pro Bono Program, and is a foundingmember of the GoodLooking Foundation, benefiting children with autism.SHANESE I. JOHNSON ’95, of Shanese I.Johnson & Associates, is the 2010 chairof the Philadelphia Bar Association familylaw section.GARY MEZZY ’96,formerly a partner in the Jenkintown, PA firm of Rakinic and Mezzy, recently formed The FamilyLaw Office of Gary Mezzy, in Willow Grove, PA. AJAY RAJU ’96,managing partner and vicechair of the business and financedepartment of the Philadelphia office ofReed Smith, was recently profiled in theIndian magazine Lex Witness as one ofthe “Top 50” shaping the legal landscapein India. The magazine described Raju as“the ‘go-to’ strategic adviser formultinational companies seeking inbound or outbound,complex and commercially significant India-relatedtransactions.” Raju focuses his practice on structuredfinance and real estate capital market transactions. 2000sJOSEPH A. MALFITANO ’00has beennamed deputy general counsel of TheHilco Organization, which he joined in2007 after practicing in the bankruptcyand corporate restructuring sectionat Young Conaway Stargatt & Taylor formore than seven years. Hilco is based inNorthbrook, IL.9 • TEMPLE ESQ. FALL 2010DARA LOVITZ ’03wrote Muzzling AMovement: The Effects of Anti-TerrorismLaw, Money, and Politics on AnimalActivism(Lantern Books), which examinesthe unconstitutional silencing of theanimal activist movement. Lovitz teachescourses on animal law as an adjunctprofessor at Temple University Beasley School of Law andthe Earle Mack School of Law at Drexel University. ALLYSON DAVIS ’04,Assistant City Solicitor representing the Philadelphia International and Northeast Airports, isbeginning work towards a Masters of GovernmentAdministration at the Fels Institute of Government at theUniversity of Pennsylvania.In July 2010, CHRISTIAN C. MATTIOLI ’06 joined Deeb,Petrakis, Blum & Murphy as an associate in the firm’scommercial litigation group. Prior to his legal career,Mattioli was a communications professional for companiessuch as the EFK Group, Habitat for Humanity Internationaland Mass Consultants and Services in Kuwait.Dechert associate JEROME MADDOX ’07has been with thefirm’s Philadelphia office since graduation, practicing in theareas of antitrust, securities litigation, and mass torts andproduct liability, often working with economists andCHARLES W. BOWSER ’57“Towering political figure” in Philadelphia1931~2010AUGUST12, 2010Charles W. Bowser, 79, an untiringadvocate of racial fairness and an influential civic leaderwho twice campaigned to be mayor of Philadelphia, diedfrom complications from Alzheimers’ disease. While he was never elected to the office of mayor, he wasconsidered the first to truly mobilize African-Americanvoters in Philadelphia, paving the way for the successfulcampaigns of W. Wilson Goode and John F. Street. Bowser grew up in North Philadelphia. He attended—and was a football star—at Central High School. Hecompleted an undergraduate degree at Temple, and before entering Temple Law, served two years in the Army in the Korean War. From the mid-1960s on, Bowser is credited withmentoring almost every major black elected official whohas emerged in the Philadelphia region in the last 25years. Bowser’s campaigns taught the fundamentals ofpolitics to young black leaders who succeeded him. Goodeworked for the Bowser campaigns. Street was a volunteer,as were State Rep. Dwight Evans, now chairman of thestate House Appropriations Committee, and U.S. Rep.Chaka Fattah, along with members of City Council andholders of other elected offices.In 1965, he was named director of the PhiladelphiaAnti-Poverty Action Committee. In 1967, he becamedeputy to Mayor James H. J. Tate. He was named directorof the Urban Coalition in 1968. Mayor Goode appointedhim to the commission that investigated the MOVEWilliam D. HarrisClass of 1948George Porter Armour Class of 1949Ambrose J. Hinnegan Class of 1949Roland G.C. YoungClass of 1949Norman A. Peil Jr. Class of 1951Bernard Sacks Class of 1952Paul J. Carey Class of 1953Stanley H. Zeyher Class of 1958Helen Stern Cutner Class of 1967Hon. Joseph DychClass of 1976Joseph X. Ming Class of 1978Florence Schreiber Powers Class of 1979Howard S. RobinClass of 1980William David Marvin Class of 1981Scott Marshall Pollack Class of 1981Pedro Lloyd Boone Class of 1984Neal A. Phillips Class of 1984Marcia Greave Samero Class of 1986William Barber Class of 1988Joseph DiGiuseppe Class of 1990Diane Smith Class of 1992IN MEMORIAMSEND US YOUR NEWS!TEMPLE ESQ. welcomes news and photos of ouralumni/ae. Please include: Full name, Class, Degree, anda way to reach you if we need to confirm information.Send to:Janet GoldwaterTemple Esq.Temple University Beasley School of Law1719 North Broad StreetPhiladelphia, PA 19122Email:janet.goldwater@temple.edustatisticians on issues of damages and causation. Beforelaw school, Maddox held tenure track positions in thepolitical science departments of Stanford University andthe University of Pennsylvania. He is a former member ofthe editorial board for State Politics and Policy Quarterly,apeer-reviewed journal, and has served as a reviewer fornumerous other political science journals. He is also amember of the academic advisory council for ProjectForward Leap, an academic enrichment program formiddle-school students.Family law and litigation attorney JENNIFERJ. RILEY ’09joined the law firm of Rubin,Glickman, Steinberg and Gifford in 2009.Riley volunteers for the American BarAssociation’s military pro bonoproject.She also coaches Mount Saint JosephAcademy’s high school mock trial team,which was the winning team in Montgomery County, PA,and represented the county in the statewide competition.KEVIN HARDEN ’10has been awarded a diversityscholarship by the Young Lawyer's Division of thePhiladelphia Bar Association in recognition of hisexcellence in academic achievement, community service,and commitment to the Philadelphia area. Harden, whowas nominated by the Philadelphia Barristers, joined thePhiladelphia District Attorney’s Office in July 2010. bombing. The commission issued a scathing report on theincident, and Bowser went on to write a book about thebombing. Though Bowser was best known for his politicalactivity, his colleagues described him as a sharp litigator,who represented clients ranging from corporate giants suchas Peco Energy to individual citizens. Bowser retired fromhis law practice in 2004. 29137_TLS:ESQ_Sept06/f 9/16/10 3:39 PM Page 9Next >