TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOLANDALUMNINEWS • SPRING 2006Assistant Professor Donald P.Harris teaches courses inintellectual property, internationalintellectual property, andcommercial law. Harris earned hisJ.D. in 1994 from Loyola LawSchool in Los Angeles, wherehereceived the dean’s award foroutstanding public service and theprobonoservice award, and hisLL.M. from the University ofWisconsin as part of the William H.Hastie Fellowship Program.Before joining Temple’s faculty,Professor Harris worked in law firmsin California, specializing in patentlitigation and prosecution. It was asan associate at Graham & James inLos Angeles, and later at CooleyGodward Castro Huddleson &Tatum in San Francisco, that hedeveloped an interest in domesticand international intellectualproperty law. “As a patent litigator,Iwasobviously involved with and aware ofhow businesses used patents and how patents affected themarketplace and domestic economies. Less evident was howpatents affected other countries. This came to light when Iread a New York Timesarticle on how South Africa wasaddressing its enormous AIDS pandemic. They had draftedlegislation that allowed them to bypass certain patents onAIDS medicines and other life-saving drugs to provide accessto these drugs at affordable prices. “This seemed, to me, a paradigmatic example of patentsceding to a broader societal concern. In other words, whilepatents grant patent owners a monopoly-like right over certaininventions, this right is not absolute and should give way tocontinued on page twomoreimportant public interests.Nevertheless, the owners of thepharmaceutical patents understandablyreacted negatively to South Africa’s effortsto override their patents. This triggeredinternational pandemonium and debate,which has yet to be fully resolved. It alsopiqued my interest in other internationalintellectual property issues.”Specifically,Harris became interestedin the advantages and harms caused byglobalization of intellectual property rightsthrough the Agreement on Trade-RelatedAspects of Intellectual Property Rights(TRIPS), which was established intandem with, and is presently regulatedby, the World Trade Organization (WTO).“Prior to TRIPS,” Harris explained in arecent article for the NorthwesternJournalof International Law and Business,“countries held widely varying levels ofintellectual property protection andenforcement . . . because each countryhas widely different goals, values, history,culture, tradition, and political climate,and . . . varying levels of economic andtechnological development. These differences remain today.Despite this, TRIPS mandates that all countries provideintellectual property protection at certain specific minimumlevels.” They arelevels that Harris believes areunfair todeveloping countries, and unwise in the long term for theUnited States.In particular, it is Harris’ position that Article 27 of TRIPS,which explicitly requires mandatorypatent terms “in all fields oftechnology” and prevents countries from discriminating amonginventions based on whether they are “processes” or“products,” effectively prohibits developing countries fromaccessing essential goods. 2006 KOLSBY LECTURE FOCUSES ON INDEPENDENTJUDICIARYDavid Boies delivers “JudicialIndependence and the Rule of Law”FEBRUARY16, 2006David Boies was the2006 Herbert F. Kolsby Distinguished Lecturerin Trial Advocacy. Boies spoke to the lawschool communityabout the importance andcentrality of an independent judiciary, notedrecent assaults to that independence, andsuggested various steps that might be taken topreserve this core value.Boies has extensive experience in appellatelaw; in fact when Boies received the MiltonGould Award in 1996, the citation said, “Nolawyer in America has tried and argued onappeal as many landmark cases in as manydifferent areas as Mr. Boies.”Boies, who chairs the law firm of Boies,Schiller and Flexner with offices in New York,Washington, D.C., California, Florida, NewHampshire, and New Jersey, was lead counselfor former Vice-President Al Gore in litigationrelating to the 2000 election Florida votecount. From 1991 to 1993 he was counsel tothe Federal Deposit Insurance Corporation inits litigation to recover losses for failed savingsand loan associations, and in 1998-2000 hewas special trial counsel for the U.S.Department of Justice in its antitrust suitagainst Microsoft. Beforefounding thepredecessor of Boies, Schiller & Flexner inDonald Harris asks: How does the public benefit if it has no access to the drugs we have patented?Temple law faculty are not only skilled and enthusiastic instructors on issues critical to the study and practice of law, they also are renowned experts who routinely publish and contribute to books and articles on subjects that generate buzz from North Broad Street to the Supreme Court.Whether on civil rights or healthcare, child welfare or international trade, publications by Templeauthors not only increase the law school’s visibility among practicing attorneys, legal scholars, and peer institutions, they also broaden the information base in our classrooms and encourage fresh dialogue and investigation among our students and teachers. Donald Harris is one of many Temple faculty members whose work can be found in the pages of current law journals.continued on page threeKOLSBY LECTURER DAVID BOIES 2•TEMPLE ESQ. SPRING 2006DONALD HARRIS…continued from page oneShould fairness be considered in internationallaw? Consider the following three scenarios: Apoor, elderly woman purchases householdgoods from a local retailer. The goods includeitems such as draperies, a wallet, a bed, curtains,fans, a typewriter, kitchen chairs, a washingmachine, and a stereo. The woman then purchasesanew mattress from the same retailer. The retailerpresents the woman with its standard salesagreement that contains a “cross-collateral”clause, which provides that if there is a singledefault on the payment of the contract the retailercan repossess all of the goods, including theprevious goods, to secure the outstanding debt.The woman defaults on one payment and theretailer repossesses the mattress as well as all ofthe previous goods.An unsophisticated consumer purchases a carfrom an automobile dealer. The salesrepresentative presents the consumer with acontract that contains a clause that limits itsliability in the event the purchaser gets injuredfrom any defect in the car. The car’s brakes failand the consumer suffers serious injuries. Theconsumer brings an action against the dealer forpersonal injuries and the dealer, relying on thelimitation of liability clause, denies liability. Asmall unindustrialized developing countryenters into an agreement with a significantly largerindustrialized country. The smaller country mustenter this agreement before it is permitted to joinan exclusive wealth-generating organization. Thesmall countryis facing a pandemic of epicproportion. Already 22 million of its citizens havedied of a deadly virus. Over 30 million of itspopulation are infected with the virus; each year,almost 3 million die . . . while the virus attacksindiscriminately, it hits particularly hard thecountry’s economic driving force: its farmers,teachers, blue-collar workers, young adults, andparents. The disease is treatable, at a cost well outof reach of the country’s citizens. The countryattempts to address the overwhelming crisis bypassing a law to implement parallel importationand compulsorylicensing of necessarymedication,which will drastically reduce prices and ensuresupply, thus allowing victims greater access to thedrugs . . . The larger major industrialized countrydemands that the smaller countrynot implementthe new law because it violates their agreementand the developing country’s internationalobligations. All of the above scenarios involve gross inequityin bargaining power, leading to agreementspresented on a take-it-or-leave-it basis. Yet, only inthe first two scenarios, involving individual parties“Medicines, agriculture, food: these are allpatented,” he argues. “The economies of developingcountries simply do not support their purchase asmandated by TRIPS. Denying or even delaying accessto medications and food products is devastating tothese already failing populations. We need to have moreflexibility in allowing developing countries access toessential goods.”However, with the United States holding the greatestnumber of patents worldwide, it might appear thatTRIPS can only benefit our citizens. Not so, Harriscontends. Not only is TRIPS shortsighted as itdiminishes access to essential goods—both here andabroad—it is also contradictory to the purpose of patentlaws as laid out in our Constitution: to promote theprogress of science and useful arts with the primaryaim of benefiting the public.“It’s a bit duplicitous of the United States to arguethat because it is now the most dominant country inproducing intellectual property, that others must nowstrengthen their laws to protect such property. Manyforget that the United States was once a fledglingcountry, highly dependent on intellectual property fromcountries such as England and Spain. This also is notlimited to the distant past. Look at what happened withCipropost-September 11.”Harris explains that “immediately after the September 11 terrorist attacks, the United States wasconcerned that terrorists would use anthrax inbiological warfare. A German company, Bayer, ownedthe patent on Cipro, the antibiotic used to treatanthrax. When the U.S. grew concerned that requiredquantities of the drug would be unavailable, itthreatened to override Bayer’s patent and have genericmanufacturers produce the drug under compulsorylicenses. The U.S. claims its actions werenot driven byprice, but instead were about the ‘national interest.’ Not surprisingly, the United States was able to persuadeBayer to sell the drug at less than half the originalasking price.”Harris concedes that this example is reminiscent of a schoolyardfight, where the bigger kid always leaveswith the ball. But, he also points out how strict patentlaws fail to serve anyone’sinterest in cases like this,and arein fact necessarily bypassed to serve publichealth in many others.“Pharmaceutical development is one area wherepatents play a key role because of the high cost ofresearch and development, the high failure rate of trialdrugs, etcetera. It is critical that pharmaceuticalcompanies have assurances that laws will protect theircreative endeavors; this ensures investment and futureresearch and development. This is also an area thatand limitedharms, arefairnessargumentscognizabledefenses.Inthe lastscenario,however,international law, in particular, internationalintellectual property law (as mandated by theAgreement on Trade Related Aspects ofIntellectual Property Rights) fails to take intoaccount the underlying factual circumstances and,more importantly, fails to take into accountfairness. This is a mistake.This article argues that it is undeniablyappropriate to question and evaluate whetherinternational treaties are fair. In view of theproblems of interdependency; scarcity ofresources; economic coercion; and the effect ofintellectual property on economic development,access to essential foods, medicines, and publicgoods, and ultimately sustainable development,notions of fairness should be a paramountconsideration in treaty interpretation.Much of the unfairness in international lawresults from severe power inequalities among thevarious nations and the power-based regime thatcomprises global governance. The remedy fortreaties negotiated by means of these powerdisparities quite often is more treaties or,alternatively, hollow talk of promoting nationalsovereignty. Neither of these solutions directlyattacks the problem. Indeed, there is an apparentlack of political will among nations to address thestructural defects in the international system andto effectively address the power asymmetriesinherent in the system. This article advances anovel and innovative approach for dealing with theseverely disproportionate power disparities ininternational relations. Using insight from domestic contract law, thesimilarities between contracts and treaties, andgeneral principles of law found in the law of a vastmajority of nations, this article advocates applyingthe contracts of adhesion doctrine to internationalagreements. The doctrine allows judicialauthorities as a matter of law and public policy tointerpret contracts morefavorably to one partybecause, among other things, the contract isprocedurally or substantively unfair. This approachchallenges traditional discourse by recognizing andacknowledging the power disparities anddeveloping a treaties of adhesion doctrine toaddress it.“CarryingaGoodJokeTooFar:TRIPSandaTreatiesofAdhesionDoctrine”continued on page threeTRIAL TEAM SWEEPS REGIONALS18th Title in a RowFEBRUARY 12, 2006Temple’s National Trial Team successfully defendedits National Trial Competition Region III championship title at atournament sponsored by Temple’s LL.M. in Trial Advocacy AlumniAssociation. This was the Temple’s 18th consecutive regionalchampionship-an unparalleled national achievement.The team travels to Texas at the end of March to compete for theNational Trial Championship against the twenty-four winners andrunners-up from the twelve other regional contests. Temple has wonthe NTC national championship three times in the last eleven years.The teams arecoached by Professor Maureen McCartney,Director ofTrial Advocacy Programs and Elizabeth Lippy,Esq. ‘03 of Rubin,Glickman & Steinberg.REGIONAL TRIAL TEAM CHAMPIONS ARE (FROM LEFT) BRAD TEREBELO, MARIANBRACCIA, ELIZABETH LIPPY ‘03 (COACH), TIFFANY GAINER AND JUSTIN OSHANA. NOTPICTURED ARE COACHES PROFESSOR MAUREEN MCCARTNEY AND PROFESSOREDWARD D. OHLBAUM.TEMPLE ESQ. SPRING 2006 • 31953SAMUEL M. SNIPESwas awarded the2005 Mark E. Goldberg Award by theBucks County Bar Association. The awardis presented annually to a member whodemonstrates commitment to communityservice outside the legal profession.Snipes was particularly honored for representing theMeyers family, the first African-Americans to move intoLevittown, Pennsylvania. In August 1957, he stood on thefront lawn of the Meyers’ home and held off a mob ofabout a thousand, while rocks, cigarette butts, and angryepithets were thrown at him. Snipes, a partner of Snipes &Collins in Yardley,Pennsylvania, is also on the boards ofHistoric Fallsington, The Pennsbury Society, and theWilliam Penn Center.1957M. MARK MENDELhas been reappointed as a member ofthe Pennsylvania Interest on Lawyers Trust Account Boardby the Supreme Court of Pennsylvania. Mendel was alsohonored by the Temple General Alumni Association andnamed a life director for morethan 25 years of service.1964DAVID M. LOVE IIhas been named partnerin the consumer/retail sector of HighlandPartners, a retained executive searchboutique, and a member of its Dallas,Texas office. Love was previously with ATKearney Executive Search, where he was vice presidentand geographic leader of the firm’s headquarters.NOTESClass1970NEAL D. COLTONis a visiting professor forTemple Law in Tokyo for spring 2006. Heis teaching two accelerated eight-weekcourses: corporate reorganization in U.S.bankruptcy, and international commercialarbitration. Colton is a member of CozenO’Connor and co-chair of the firm’s bankruptcy, insolvency,and restructuring practice group. 1971STEPHEN H. FRISHBERGhas joined Frey, Petrakis, Deeb,Blum & Briggs as a partner and chair of the private clientgroup in its Philadelphia office. Frishberg’s practice focuseson traditional and sophisticated estate planning, togetherwith real estate, corporate, estate administration, and tax planning.1976CAROL E. HIGBEEis the presiding civil judge in SuperiorCourt in Atlantic City, New Jersey, overseeing the morethan 3,000 Vioxx-related cases that have been filed there.Higbee has served on the bench for 12 years after a careerin personal injury and medical malpractice.1977ARLINE JOLLES LOTMANmet with GuiyueMa, the Imam of the East Mosque ofChina, to discuss women’s rights andprogress toward equality as part of theInternational Visitors’ Council ofPhiladelphia’s U.S. State DepartmentInternational Program in December 2005. Ma was in theUnited States to learn about religious diversity and genderdiscrimination. Lotman also spoke on “The Court: To Elector Appoint?” at a panel program presented by thePhiladelphia chapter of the American Constitution Society.Lotman, a sole practitioner, practices in the fields of genderdiscrimination and transactional law.1980ELLIOTT R. FELDMAN,a Cozen O’Connor member, has beenappointed president-elect of the National Association ofSubrogation Professionals, chaired its 2003 annualconference, and coauthored the chapter on productsliability for the reading materials for its certified subrogationrecovery professional examination. Feldman also serves aschair of NASP’s amicus committee and has coordinatedthe efforts of NASP’s national membership to oppose anti-subrogation legislation in several jurisdictions. affects billions of people. How,” asks Harris, “does thepublic benefit if it has no access to the drugs we have patented?“My goal is to highlight this issue with the hope that wewill move toward a happy medium. We need to make surethat inventors can recoup their losses to give them incentiveto invent, but we also have to think of the greater good,” heexplains. “We can take fairness into account in balancingthese interests. We take fairness into account on othermatters of domestic and national law. There is no reason weshould not also do so at the international level.”In his forthcoming article, “Carrying a Good Joke TooFar: TRIPS and a Treaties of Adhesion Doctrine,” Harrisexamines whether fairness has a place in internationalintellectual property law, and how principles applied todomestic contract disputes might resolve disparities ininternational intellectual property regulations. —Ingrid ThackDONALD HARRIS…continued from page twoFEBRUARY 10, 2006Is it possible for open source technology, originallycreated to allow computer gurus to improve upon software, to play apart in the discovery of a life-saving disease prevention drug? Thisquestion was the focus of one-day symposium, “The Evolution of theOpen Source Model: to Life-Saving Drugs and Beyond,” co-sponsored byTemple Journal of Science, Technology & Environmental Law, TempleIntellectual Property Law Society, and the TLAA. Participants exploredthe legal questions and concerns surrounding the development of opensource technology in areas such as biotechnology. Featured speakerswere R. Polk Wagner, University of Pennsylvania School of Law; MichaelCarroll, Villanova Law School; David Opderbeck, Seton Hall Law School;and Ann M. Bartow, University of South Carolina School of Law.BOIES DELIVERS KOLSBY LECTURE…continued from page one1997, Boies was a partner of Cravath, Swaine & Moore inNew York City. He also served as chief counsel and staffdirector of the U.S. Senate Antitrust Subcommittee in 1978and chief counsel and staff director of the U.S. SenateJudiciary Committee in 1979.The author of numerous publications including CourtingJustice(Miramax, 2004) and Public Control of Business(Little Brown, 1977), Boies has taught courses at NYU andCardozo law schools.THE HERBERT F. KOLSBY DISTINGUISHEDLECTURESHIP IN TRIAL ADVOCACY The Herbert F. Kolsby Distinguished Lectureship in Trial Advocacy was established in 2001 to honor HerbertKolsby ’51 for his remarkable career, as well as for hiscontributions to the Masters in Trial Advocacy program atTemple. Kolsby was a guiding force in the establishment ofthe Masters in Trial Advocacy Program and served as itsfirst Director. While at Temple, he also taught AdvancedTrial Advocacy in the J.D. program and served on thefaculty in the Academy of Advocacy. He now holds the titleof Director Emeritus of the LL.M. program and serves on its faculty. Professor Kolsby was the inaugural speaker in thislecture series. Other previous speakers are Morris Dees,David A. Kendall, and Bryan A. Stevenson.TEMPLE LAW PROFESSORFRANK MCCLELLAN (ABOVE)ADDRESSES THE “OPENSOURCE” SYMPOSIUM HELD IN SHUSTERMAN HALL.LIFE-SAVING DRUGS THROUGH OPEN SOURCE TECHNOLOGY?4 • TEMPLE ESQ. SPRING 2006MITCHELL MORGAN ’80“Law school gave me the confidence…”ESQ. SPOTLIGHTAs the founder of a major real estateinvestment, development, and manage-ment company, Mitchell Morgan ’80 hasbeen more a consumer of legal servicesthan a legal practitioner. In fact, he says,the only time he ever practiced law waswhen he represented himself in trafficcourt—and lost. Nonetheless, Morganbelieves the education he received in the evening division of Temple Law hasbeen invaluable to his success. “The legal education and training makes you think differently. Law school gave me the confidence to feel that I could do anything.”Morgan received his undergraduate degree inaccounting from Temple in 1976 while working full-timeselling shoes at Germantown and Lehigh Avenues. Herecalls that during that time period, Temple was still verymuch a commuter school. Now, thanks partly to his effortsas chairman of the facilities committee of the TempleBoard of Trustees, more students are living on campusthan ever before. The committee oversees all new buildingconstruction. Current projects include construction ofbusiness and medical school buildings andrelocation of Tyler’s facilities. Morgan alsoserves on the advisory boards of the lawschool and the business school.Although Temple’s law school was alsoa commuter school when Morgan was astudent, he says the atmosphere in theevening division was different from hisundergraduate experience. “Even thougheveryone worked, there was more of acommunity sense. We were under somuch pressure that it forced us to cometogether. I felt closer to my colleagues inlaw school than as an undergrad. Thepressure didn’t make us cutthroat; insteadit was a very supportive place. We learned so much fromeach other because everyone had a different skill set. Inmy class, there were teachers, doctors, and accountantslike myself, those who worked in insurance. We had avariety of successful people who brought different skillsets to the classroom than that of the professor.”While in law school, Morgan had started working as anaccountant in the tax department of an internationalaccounting firm. Following graduation, he left accountingand became financial controller for ConstructionConsultants, a home and apartment builder. During hisfour years there, Morgan says, he learned his true skillmanaging apartments and had the opportunity to be apartner in some small transactions.In 1985, Morgan went out on his own. His companystarted out buying garden apartment complexes. NowMorgan Properties, which is privately held, owns over18,000 units in 54 complexes in 11 states. The companyemploys 450 people and is headquartered in King ofPrussia, Pennsylvania.In June 2003, Morgan made its biggest acquisition thus far when it purchased over 6000 units owned byPennsylvania Real Estate Investment Trust, which divested itself of its apartment assets to concentrate onmall acquisition. The $400 million acquisition increasedMorgan Properties’ portfolio from 12,000 to 18,000apartment units in a single day. The legal fees amounted to approximately $2 million.Morgan lives with his wife and three children on theMain Line. Last year, Morgan had the “unbelievableexperience” of hosting a sitting President at his house fora major Republican fundraiser. He recalls that 850 peopleattended the event, which required the presence of theSecret Service and sixty White House staff, who werethere from one to two weeks beforehand. “My kids are stilltalking about it,” he says.—Christina M. Valente1983KATHY MIDBOE DARLINGhas been named partner inStrasburger & Price’s Austin, Texas office. Darlingspecializes in advising health care entities in structuringbusiness transactions, including business formation,financial arrangements, and joint ventures, and herpractice focuses on compliance with the regulatory aspectsof business arrangements. In addition, she advises healthcare providers and administrators on the Texas StateMedicaid Managed Care program.NEIL A. STEIN,J.D. ’83, LL.M. ’88 hasbeen elected to serve on the judiciarycommittee of the Montgomery County BarAssociation for a four-year term. Stein, aprincipal and member of the land use,zoning, and development department ofKaplin Stewart in Blue Bell, Pennsylvania,is a former co-chair of the land use and environmental lawcommittees of the Montgomery County Bar Association. 1985WINNIE PRENDERGAST BRANTON,formerly of Ballard SpahrAndrews & Ingersoll, has opened a solo practice inHaddonfield, New Jersey. Branton concentrates herpractice in environmental, land use, and real estate law. JAMES J. KOZUCHspoke at a PBI course, “Representing aClient Who is Starting a Small Business.” Kozuch is apartner in the Philadelphia firm of Caesar, Rivise,Bernstein, Cohen & Pokotilow, and advises businesses onall aspects of intellectual property law and representsclients in IP-related litigation. 1986DANIEL G. RONCA,a Cozen O’Connormember, was a course planner for thePennsylvania Bar Institute Custody LawUpdate in 2005 and recently presented atthe Philadelphia chapter of the AmericanSociety of Appraisers’ monthly meeting,“An Attorney’s Perspective on Expert Appraisals.” Roncaconcentrates in family law in Cozen O’Connor’s WestConshohocken office. DANIEL J. WERTHERbegan a new position as head ofprivate equity investing for Susquehanna InternationalGroup, an institutional and proprietary trading firm. Thefirm is headquartered in Bala Cynwyd, Pennsylvania, withoffices in New York, where Werther lives, and other citiesaround the U.S. and the world. 1987LOUIS AGREhas left private practice to accept a position asan organizer for International Union of OperatingEngineers, Local 542. Agre is still the Democratic wardleader for the 21st ward, which covers Roxborough,Manayunk, Andorra, and parts of West Mount Airy andPROFESSOR AND DAUGHTER“DO” TALK RADIOProfessor Phoebe Haddon and her daughter CaraMcClellan were guests on 1340-AM WHAT radio,appearing on “Prism,” a call-in show co-hosted byToni Crawford-Major and Bonnie Squires. ProfessorHaddon and her daughter were the special guests for the Martin Luther King, Jr., birthday observance.From left are Cara McClellan, Toni Crawford-Major,Professor Phoebe Haddon, and Bonnie Squires.MAUREEN OLIVES BRINGS PUBLIC INTERESTBACKGROUND TO CAREER PLANNING OFFICEJANUARY 2006Maureen Olives is the new director of public interest programs in the Office ofCareer Planning. Olives has been involved in both public interest law and career services sinceher law student days at the University at Buffalo, where she earned her J.D. in 1994. While inlaw school, Olives was co-director of the Buffalo Public Interest Law Program as well as agraduate assistant helping students secure careers in public interest and public service.Olives comes to Temple Law School from Philadelphia Legal Assistance (PLA), where shespent the last four years as a staff attorney representing low-income individuals in a widevariety of family law matters, especially Latina victims of domestic violence. Since 2003, oneof Olives’ responsibilities was overseeing the Guild Food Stamp Clinic, where she had theopportunity to supervise Temple Law students. She also volunteered as a tax advocate for the Pennsylvania Farmworker Project and the Volunteer for the Indigents Program’s LowIncome Taxpayer Clinic. Prior to her time at PLA, Olives was a staff attorney at Women Against Abuse Legal Center in Philadelphia, and at Legal Services of NortheasternPennsylvania in Wilkes-Barre.TEMPLE ESQ. SPRING 2006 • 5DECEMBER 2005Alan M. Feldman ’76was elected 2006 chancellor of thePhiladelphia Bar Association. Since1987, Feldman has been managingpartner of Feldman, Shepherd,Wohlgelernter, Tanner & Weinstock, afirm specializing in serious personalinjury and class action litigation.Feldman developed an interest in thelaw when, as a Temple undergraduate,he needed a part-time job. After workingfor a firm of trial lawyers, he started hisown business serving subpoenas anddoing legal filing for 40 law firms.He became friends with some of theattorneys and developed a fascinationfor trial work. Despite his extracurricular work, Feldmangraduated magna cum laudewith a BA in history in 1973and moved on to the law school. He says his colleagues at the law school were a“scrappy bunch.” Feldman and many of his friendsneeded to support themselves while in school; Temple’saffordability made their legal education possible. “Weworked before classes, after classes—most of us workedhard for everything we had. Even though Temple wascertainly not an ivy tower but more ‘blue collar,’ it stillattracted some of the best and the brightest, and we willalways be grateful for the opportunities the law schoolprovided us.”Feldman remembers his time at Temple as veryexciting. “It was a great atmosphere. During the very firstweek, I remember standing up in torts class, taught byJoey Passon, and inviting the entire school to a party.Almost 200 people came, including Professor Passon. East Falls. MARIA R. TERPOLILLI,of the Law Office ofTerpolilli Sawyer, was the 2005 recipient of the MarthaHampton Award for excellence in representing injuredworkers in worker’s compensation. Agre and Terpolilli aremarried and have two sons, Ben and Sam.1988JOSEPH L. MESSAspoke at the regional educationconference of the American Association of Legal NurseConsultants in November 2005, in Ocean City, Maryland.STEFANIE A. LINDQUIST was appointed associate professorof political science and law at Vanderbilt University in2004, where she has a joint appointment in thedepartments of political science, public administration andpolicy, and the school of law. Lindquist, who also has aPh.D., taught political science at the University of Georgiafrom 1996 to 2004.1989AMY R. STERN,an attorney at the firm of Rubin, Glickman,Steinberg and Gifford, was a presenter at an interactiveeducational event, “Myths and Realities of Mediation” inOctober 2005, sponsored by the Montgomery BarAssociation family law section. Stern joined Rubin,Glickman, Steinberg and Gifford in 1995 and her workfocuses primarily on domestic relations law and mediation.1990STACEY W. BETTSsold her share as partner of a smallLancaster County law firm several years ago and iscurrently raising five children. Betts and her husbandwrote a book, Yoga for Children with Autism SpectrumDisorders: A Step-by-step guide for Parents and Caregivers,to be published by Jessica Kingsley Publishers, London inthe spring of 2006. Betts, who continues to do some lawregarding contracts in her spare time, is also working on ayoga dvd and several books regarding children withAsperger syndrome. 1991YONG-JIN T. KIMhas been elected to partnership ofSechang Law Offices in Seoul, Korea where his practiceareas are cross border corporate transactions, foreigninvestmentand corporate and commercial work. 1992STEVE B. BARRETTwas honored at the Pennsylvania StateLatino Coalition’s leadership luncheon for his commitmentto and advocacy work for the state’s Latino population. Atthe luncheon, held in October 2005 in Harrisburg, Barrettwas recognized for his service as general counsel for thecoalition as well as for his efforts on behalf of nonprofitLatino organizations. Barrett is a partner in the commerciallitigation department of Hamburg, Rubin, Mullin, Maxwell& Lupin.ALAN M. FELDMAN ’76 Elected 2006 Chancellor of Philadelphia Bar It was a great ice-breaker. All of us were doing our best to meet thepressures of school, earn money, getgood grades, and look for work. Thecollegial atmosphere at the schoolhelped us to persevere.”Feldman always wanted to be a triallawyer, so it was a “great advantage forme that Temple was, and remains, sostrong in teaching trial practice.”Feldman himself was an instructor inTemple’s trial advocacy program formany years. He is certified as a civil trialspecialist by the National Board of TrialAdvocacy and is a Fellow of theAcademy of Advocacy.Feldman’s family has strong ties to Temple. Feldman’sbrother Elliott, now a senior partner at Cozen O’Connor,also received his B.A. and J.D. from Temple. AndFeldman’s wife, Maureen Pelta, now a professor at MooreCollege of Art and Design, received both her B.A. and M.A.from Temple.Feldman has served in many elected and appointedoffices in the Philadelphia Bar Association over the years.These include chair of the Young Lawyers Section,treasurer, and member of the Board of Philadelphia VIP(Volunteers for the Indigent Program). He has served aspresident of the Philadelphia Trial Lawyers Association. Heis co-author of a book, Pennsylvania Premises Liability: Lawand Forms,published in 2003 and has written materialsfor many continuing legal education programs. He is also amuch sought-after speaker and instructor for legaleducation and trial advocacy programs.— Christina M. ValenteBIG BROTHER BIG SISTERSHONOR LAW STUDENTEric McKinley ‘98 was the 2006 recipient of theTom Weber Achievement Award from the BigBrother Big Sister Association of SoutheasternPennsylvania. The award recognizes an alumni“Little” who embodies the impact of Big BrothersBig Sisters’ mentoring. McKinley, who wasassigned a Big Brother as a child in 1983,graduated from Central High School inPhiladelphia before going on to study at Universityof Pittsburgh as an undergraduate, and eventuallyattending law school. He is currently a publicdefender in Camden, New Jersey.Join us!31STANNUAL LAW DAY RECEPTIONHONORING ALAN FELDMAN ’76 ANDINTRODUCING THE CLASS OF 2006Wednesday March 22, 20064:30 p.m., Federal CourthouseThis annual event is a steadfast tradition for the law school community, giving graduatingstudents the opportunity to meet Temple Law’s talented and diverse alumni community. Please make your reservation today via email:dorothy.lee@temple.edu. LAW DAY, 20056 • TEMPLE ESQ. SPRING 2006TEMPLEESQ.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) 204-1187PAUL A. CZECHhas been invited to lead a workshop onbehalf of the International Association of EntertainmentLawyers at MIDEM. MIDEM is a music businessconference held annually in Cannes, France at the end ofJanuary. Czech is attending MIDEM this year as arepresentative of both the Law Offices of Paul A. Czech andIcarus Digital, a new music download company.DIANE FOXMANis again lecturing as part of MontgomeryCounty College’s certificate series on “Starting a SuccessfulWoman Owned Business.” Foxman’s portion of the seriescovers legal and tax issues. Foxman is an associate in thetax law department of Hamburg, Rubin, Mullin, Maxwell & Lupin.1993KATHERINE M. LAYMAN,a Cozen O’Connormember in its Philadelphia office, was afeatured speaker at the Leadership HeathCare’s fall 2005 National Long-Term CareConference/Exhibit in Pittsburgh,Pennsylvania. Layman handles a variety oflitigation, regulatory, and transactional matters for theCozen O’Connor’s health law department. 1994After ten years as a prosecutor in thePhiladelphia District Attorney’s Office,THOMAS MALONEhas joined Saltz,Mongeluzzi, Barrett & Bendesky, wherehe will be handling plaintiff’s personalinjury cases.LESLIE ANNE MILLER,who served in Governor Edward G.Rendell’s cabinet and as general counsel to the governor,was elected as chair of the board of trustees of MountHolyoke College, the oldest liberal arts college for women inthe country. Miller, who will serve a five-year term, alsoserves on the board of visitors of Temple University BeasleySchool of Law. Miller continues to serve asco-chair of the board of the KimmelCenter for the Performing Arts.MARNIE E. SIMONwas recently named ashareholder of Stevens & Lee in itsPhiladelphia office. Simon practices in thearea of bankruptcy law. CHARLES M. SUHR,who concentrates hispractice in the area of real estate law, wasnamed a shareholder in Stevens & Lee’sHarrisburg office effective January 1, 2006. 1995Stradley Ronon Stevens & Young hasadmitted MARK J. DORVALto the firm’spartnership. Dorval is a member of thefirm’s business group.TOM RUTLEDGE,an associate with the San Diego, California,firm of Branton & Wilson, has been elected chair of theattorney-client assistance committee of the San Diego BarAssociation.1996JO BENNETTwas recently named aStevens & Lee shareholder of the firm in its Philadelphia office, where she concentrates her practice on helping companies with labor andemployment issues. WILLIAM J. MCDONOUGHis one of 27 Reed Smith attorneysrecently promoted to partner. McDonough is a partner in litigation.1997HELEN ALBERTSONhas accepted the position of assistantdean of admissions at Drexel University’s new College of Law.Fish & Richardson announced thatGWILYM JOHN OWEN ATTWELLjoined thefirm’s growing Wilmnington, Delawareoffice as a principal, where he willcontinue to focus his practice in thebiotech and pharmaceutical fields.TRACY WEISSwas recently named alitigation partner at Reed Smith in Philadelphia.1998RANDI L. RUBINwas recently hired asSprinturf’s general counsel. Prior to joiningSprinturf, Rubin was an associate at Klehr,Harrison, Harvey, Branzburg & Ellers. JOSHUA E. SCARPELLOhas opened his own firm namedJoshua E. Scarpello specializing in criminal defense andpersonal injury.1999MEGAN E. WATSONhas been named partner in Berner &Klaw, a firm specializing in family law. Watson also serveson the executive committee of the Philadelphia BarAssociation family law section, co-chairs the support andalimony subcommittee of that section, cochairs the YoungWomen’s Initiative of Women’s Way, serves as boardmember of North Philadelphia Leadership Schools AdvisoryCouncil, and is a member of the Thomas Forkin Inn of Court. 2000ANTONIA VERNA,LL.M., recently left the law firm where sheworked for five years to set up a new law firm based inMilan, Italy with a second office in Bari, Italy. The firm hasa China desk that will work in alliance with the Chinesefirm of Lee & Xu. Verna’s husband, Luca Iaboni, LL.M.,works with the law firm of Bonelli Erede, also in Milan.2001WILLIAM T. HILLrecently joined Klehr,Harrison, Harvey, Branzburg & Ellers asan associate in the Litigation Department.Hill concentrates his practice in complexcommercial litigation.DARRYL W. SHORTERrecently joined Cozen O’Connor’sPhiladelphia office as an associate in the intellectualproperty practice group. Prior to joining the firm, Shorterwas an associate with Dilworth Paxson.SEPTEMBER 24, 2005KATHLEEN LEE‘96 (CENTER) MARRIED DR. CHARLES KOOIN NEW YORK CITY. PICTURED FROM LEFTARE FELLOW TEMPLE LAW GRADUATESFROM THE CLASS OF 1996: EVELYNKOUSOUBRIS PENTIKIS, CHARLENEKELLER FULLMER, KATHLEEN LEE, MARAWILLIAMS, AND LIZA HERZOG. ALSO INATTENDANCE WERE HAL FULLER ANDJOHN CHUNG.LECTURESHIP IN CONSTITUTIONAL LAWESTABLISHED BY JUDGE ARLEN ADAMSTemple Law School’s new lectureship focusing on Constitutional Law isthe Arlen and Neysa Adams Lecture. Each year the dean will select aspeaker of national stature to speak to the law school community abouta constitutional issue. The Arlen and Neysa Adams Lecture joins twoother endowed lectureships at the law school: The Herbert F. KolsbyDistinguished Lectureship in Trial Advocacy, established in 2001, and The Honorable Clifford Scott Green Lectureship, established in 2003.Howard I. FormanClass of 1944Joseph P. GreenClass of 1957Francis R. Ridley Jr.Class of 1961Karl Clinton WehrClass of 1978Mary Jane HopkinsClass of 1988IN MEMORIAMTEMPLE ESQ. SPRING 2006 • 7CHAD L. STALLERhas joined the Center forForensic Economic Studies as a senioranalyst. The Philadelphia-based center isa national firm offering economic andstatistical litigation support. Stallerconcentrates on the analysis of economicdamages in civil litigation. Prior to thisposition, Staller practiced at the offices of McCandless &Associates in Philadelphia.2002YAROSLAV BRISIUCKof Kiev, Ukraine, was recentlyappointed first secretary for political affairs at the Embassyof Ukraine in Ottawa, Canada. This appointment followedtwo years of diplomatic service at the Ministry of ForeignAffairs of Ukraine, as second, then first secretary, thenacting head of the U.S. and Canada Desk.ANASTASIA M. BUCCINO-ROTHspoke at the regionaleducation conference of the American Association of LegalNurse Consultants in November 2005, in Ocean City,Maryland, on the topic “The Nurse as Expert Witness.”JANE KIM,an immigration specialist at Children’s Hospitalof Philadelphia, has co-written a book with her sister, SooKim Abboud, Top of the Class: How Asian Parents RaiseHigh Achievers—and How You Can Too,published byBerkely Press. The book has been featured in The NewYork Times,and the authors have appeared on radio and television, including with Diane Sawyer on “GoodMorning America.”2004 JENIMAE ALMQUISTwas recentlyappointed to the Philadelphia BarAssociation board of governors. Almquistis an associate at The Beasley Firm,where she concentrates her practice inthe areas of construction accidents,medical malpractice, mass torts, and other complex litigation.“Legal Analysis: Gay ‘Marriage’ in Transition,” an article by JANE M. FEARN-ZIMMER,LL.M., was published onJanuary 9, 2006 in the New Jersey Law Journal.Fearn-Zimmer is an associate withThe Sharp Law Firm inHaddon Heights, New Jersey, practicing in the areas ofestate planning, estate administration, special needs trusts,and elder law.2005AMY C. FITZSIMMONSis an associate inStradley Ronon Stevens & Young’sinvestment management group. Shejoined the firm in 1999 as a paralegal inthe investment management departmentand worked while attending the eveningdivision of Temple Law and was also a summer associate at the firm in 2004. CHRISTOPHER P. KRISTOFCOhas joined Fox Rothschild asan associate in the litigation department in its MontgomeryCounty office.JOHN J. MCGRATH IIIis an associate withStradley Ronon Stevens & Young in thebusiness law department. Prior to joiningStradley Ronon, McGrath worked as ajudicial intern for Justice Myron T. Steeleof the Supreme Court of Delaware. MEG RETZhas been awarded anIndependence Foundation Public Interest Fellowship for2006. Retz’ fellowship will be spent working with theHomeless Advocacy Project.JON STRANGEhas joined the Moorestown,New Jersey, firm of Schall & Barasch asan associate in the practice of employeerights law. Strange was first introduced toemployment law in the legal departmentof Make the Road by Walking, acommunity-organizing center in Brooklyn,New York.ABE REICH ’74 JOINS GROUPMEETING WITH TEMPLESTUDENTS IN BEIJINGDECEMBER 2005Abraham C. Reich ’74 and his wifeSherri Reich ’74 traveled to China with “education leader”The Hon. Richard B. Klein of the Superior Court ofPennsylvania. Through Temple Law School, the group metwith Professor Mo Zhang, Director of Temple Law Programin China and a number of Chinese Temple Law LL.M.graduates. Almost 200 Chinese judges, law professors andlawyers have graduated from the LL.M. program Templeand Tsinghua University cooperatively offer. The visit was held at the Zhong Lun Law Firm located in Beijing, where Liu Chi, who earned an LL.M. at TempleUniversity’s Philadelphia campus in 1988. Liu Chi iscurrently head of the Temple Law Alumnae Association in China.Abraham Reich, a partner in litigation at Fox Rothschildand a former chancellor of the Philadelphia BarAssociation, describes the Chinese attorneys he met as “very savvy and realistic” about the current status of theChinese legal system. Prior his trip, Reich read a series inThe New York Timesabout the Chinese legal system, whichhe thought focused on problematic aspects of the system,especially the problem of political pressure on the judiciarywhen dealing with issues that have an impact on theCommunist Party. As a result, Reich was surprised andheartened by his meeting with the Temple-trained Chineseattorneys because ‘their knowledge of due process andother legal principles seemed to be very material to theirSENDUSYOURNEWS!TEMPLE ESQ. welcomes news and photosof our alumni/ae. Please include: Fullname, Class, Degree, and a way to reachyou if we need to confirm information.Send to:Janet GoldwaterTemple Esq.Temple University Beasley School of Law1719 North Broad Street,Philadelphia, PA 19122Email:janet.goldwater@temple.eduCHINESE PROSECUTORSTRAIN AT TEMPLEDECEMBER 2005Temple hosted a group of 25 senior prosecutors from the People’sRepublic of China for a three-week trainingsession. The program was developed by agroup of Temple faculty headed by ProfessorEdward Ohlbaum in collaboration with theSupreme People’s Procuratorate of China. TheChinese prosecutors were given in-depthtraining on procedural protections forcriminal defendants, strategies forcombatting official corruption, andprosecution of organized crime.MEETING IN BEIJING IN DECEMBER 2005 (FROM LEFT): HON. RICHARD B. KLEIN, ABRAHAM C. REICH ’74, LUI CHI LL.M.’88,AND PROFESSOR MO ZHANG, DIRECTOR OF TEMPLE LAW PROGRAMSIN CHINA.thinking. They realize that China’s economic growth will belimited unless the international business community hasconfidence in China’s legal system.”“As I reflected on my visit, I realized that this Chineselegal system which we were discussing was less than thirtyyears old. While the system had many warts to it, I couldonly think of the storied history of the U.S. legal system—over 200 years in process—which itself has had manyblack eyes from which it has recovered.” Reich expressedpride in knowing that Temple’s program in China iscontributing to the gradual evolution of the Chinese legalsystem. 204 Chinese attorneys have graduated fromTemple’s LL.M. program.2006KATERINA I. DUARTE,LL.M., has accepted a position in thelitigation department of Lefkowicz & Gottfried in New YorkCity. Duarte earned her degree in Temple’s TransnationalLL.M. program.TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOLANDALUMNINEWS • SPRING 2006NON-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 EVENTSTuesday, March 14, 2006INT’L INSTITUTE OF LAW ANDPUBLIC POLICY LECTURE PROFESSOR JANE LUTEDuane Morris LLP Moot Court Room 4 pmWednesday, March 15, 2006SPIN AUCTIONDuane Morris LLP, 30 S. 17th Street6 pmFriday, March 17/Saturday, March 18, 2006LAW AND ADOLESCENCE SYMPOSIUMSPONSORED BY TEMPLE LAW REVIEWAND JUVENILE LAW CENTER Klein HallWednesday, March 22, 2006ANNUAL LAW DAY RECEPTIONHonoring Alan M. Feldman ’762006 Phila Bar Ass’n ChancellorFederal Courthouse 4:30 pmSaturday, March 25, 2006FOUNDER’S DAY DINNERPhiladelphia Convention Center 7 pmThursday, March 30, 2006JUDGE CLIFFORD SCOTT GREENLECTURE: HON. LOUIS POLLAKDuane Morris LLP Moot Court Room4 pm Reception to followThursday, April 6, 2006HAROLD E. KOHN LECTURE:PROFESSOR PETER HUANGDuane Morris LLP Moot Court Room 4pmMonday, April 10, 2006WOMEN’S LAW CAUCUS ALUMNAE RECEPTION HONORINGMARSHA LEVICK ’75Diamond Club 5:30 pmTuesday, April 11, 2006STERN MOOT COURT COMPETITIONDuane Morris LLP Moot Court RoomCompetition 4 pmThursday, May 11thTLAA NIGHT AT THE PHILLIESSaturday, May 13, 2006REUNION WEEKEND Westin HotelNOVEMBER 22, 2005 Five studentsenrolled in Temple’s LL.M. programfor international students werefeatured on a panel on internationalhuman rights issues sponsored bythe Philadelphia Bar Association’sinternational law committee, theInternational Visitors Council, andthe Philadelphia Center.LL.M. candidate Jefeng Lu spokeabout employment discrimination, adeveloping area in Chinese law. Lu,whose mentor is Zhou Wei, one ofthe most famous civil rights lawprofessors in China, described aheight discrimination case and ahepatitis B class action suit. Raquel Cohen, a native of Peru,presented on her work with a non-governmental organization in Peruand the InterAmerican Commission of Human Rights. Before entering the LL.M.program at Temple Law, Cohen worked at the InterAmerican Center of HumanRights. Fellow Peruvian and activist Edgar Aranda spoke about discrimination againstindigenous North Andeans who are native speakers of the Quechua language, theminority group of which Aranda is a member. Cohen and Aranda both reflected onhuman rights issues in Peru connected to the history of the Shining Path. Juliane Baxmann, who came to Temple Law from Germany as a RotaryInternational Scholar, described the highly refined and active regional human rightssystem currently in use in the European Union, contrasted the ways in which humanrights issues are addressed in Germany, a developed society, as opposed to lesseconomically developed nations. The fifth panelist from Temple’s LL.M. program was Brendan Van Alsenoy fromBelgium, who presented on the topic of the European Union’s position and record oninternational human rights.INTERNATIONALLL.M. STUDENTSSpeak on Human Rights PanelINTERNATIONAL LL.M. STUDENTSWHO SPOKE ON THE PANEL (FROMLEFT): EDGAR ARANDA, JULIANEBAXMANN, BRENDAN VAN ALSENOY,RAQUEL COHEN, AND JEFENG LU.Next >