TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOLANDALUMNINEWS • SUMMER 2006In a recent series of articles,Associate Professor AmySinden takes issue with theeconomic approach toenvironmental law that hasbecome increasingly prevalentin recent years. In “TheTragedy of the Commons andthe Myth of a Private PropertySolution,” forthcoming in theUniversity of Colorado LawReview,Sinden writes:“Government is out; the freemarket is in. The Great Societyhas given way to theOwnership Society.” She goeson to argue that in this post-Berlin-wall intellectual climate,academics and policymakers talk misleadingly aboutprivatization and markets as though they offer a solution toenvironmental problems that could make governmentregulation unnecessary. In fact, Sinden contends, the idea ofa purely private market solution to environmental degradationis a myth. Sinden is particularly worried that this kind of marketrhetoric lends unwarranted legitimacy to right-wing policyprescriptions that were once widely dismissed as the musingsof an irrelevant fringe but are now gaining increasingattention from lawmakers in Washington. “The lastcongressional term, for example, saw the introduction ofseveral bills that would have authorized the sale of federalpublic lands to private parties, including national parks . . .And President Bush’s recent budget proposal to Congressseeks to raise a billion dollars in federal revenue by selling offover 300,000 acres of federal public lands.”Politics and relations between the powerful and thepowerless has been a recurring theme in Sinden’s publishedwork. “My formative experiences intellectually had to do withpower relationships,” she recalls. “In college, I wasintroduced to feminist theory, which looks at the worldthrough the lens of power, extrapolating from the powerdynamic between men and women.” continued on page threeSinden joined Temple’sfaculty in 2001, where shehas specialized inenvironmental law, alsoteaching courses in propertyand civil procedure. Sindengraduated summa cumlaudefrom the University ofPennsylvania Law School in1991, where she wasassociate editor of the lawreview and was named apublic interest fellow.Before joining Temple’sfaculty, Sinden served assenior counsel for Citizensfor Pennsylvania’s Future,handling litigation on behalfof citizens’ and environmental groups. Prior to this position,Sinden was an associate attorney for Earthjustice LegalDefense Fund (formerly the Sierra Club Legal Defense Fund)in Seattle, Washington, where she litigated federalenvironmental cases focusing on natural resource issues.Prior to her work in environmental law, Sinden was anattorney at Community Legal Services in Philadelphia, whereshe represented parents in civil child abuse and neglectproceedings, and advocated on behalf of welfare recipientsseeking job training and education. She has published inseveral academic journals, including the Iowa Law Review,the Harvard Environmental Law Review, and the ColumbiaJournal of Environmental Law.Since law school, Sinden has sought opportunities topursue her professional interests in a more academic way. Her work at Community Legal Services “was compelling andfast-paced,” she explains, “but didn’t afford a lot of time forreflection. Teaching, has given me the opportunity to thinkabout things more deeply and in new ways. “When I was at legal services, I represented some of the most powerless people in our society: women who had been accused of abusing or neglecting their children. My experiences there taught me to distrust theory that is AMYSINDEN: In Defense of the Common GoodTemple 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. Amy Sinden is one of many Temple faculty members whose work can be found in the pages of current law journals.continued on page sixJAN PILLAI RETIRESAFTER 33 YEARS ATLAW SCHOOLProfessor embodied “the idea of the law school,” says colleague.APRIL 25, 2006At the retirement luncheon of Professor K.G. Jan Pillai, colleagues andalumni remembered Professor Pillai as anaccomplished teacher, a gifted scholar, asuperb mentor, and a compassionate persondevoted to his principles. A long-time lawschool faculty member with wide-rangingscholarly interests, Pillai retired at the end ofthe 2005-06 academic year. His thirty-threeyear career at Temple was notable for thebroad range of courses that he taught and thestrength of his academic scholarship.Pillai’s faculty colleagues, gathered at theretirement luncheon in Shusterman Hall,stressed how valuable his contributions havebeen. Professor Stephen Mikochik, whoteaches constitutional law and jurisprudence,said that Pillai “embodies the notion of law as a learning profession. The number andvariety of different courses he taught isimpressive. It’s quite amazing how far Jan hasexpanded his expertise and mastered all of the subspecialtiesand it demonstrates hisinexhaustible curiosity.”Pillai is a native of the state of Kerala, India.He earned a B.A., an LL.B., and an LL.M.from the University of Kerala in 1965, and wasawarded the Cullen Memorial Prize for placingfirst in the state-wide law examination.Thereafter, he earned an LL.M. and a J.S.D.from Yale University, where he received afellowship and won the Ambrose Gherini Prize.Upon leaving Yale, Pillai was an associateprofessor at the Indian Law Institute in NewDelhi for a year before accepting a position as manager of industry affairs for OverseasNational Airways in New York. From there he became executive director of the AviationConsumer Action Project, a public interestgroup in Washington, D.C. founded by Ralph Nader. Pillai first joined the Temple Law faculty in1973, where he developed and taught coursesranging from corporate law and securitiesregulation to constitutional law, administrativeJOSEPH LABOLITO17456_TLS 6/8/06 3:28 PM Page 12 • TEMPLE ESQ. SUMMER 2006The central question of environmental policy is“how much?” How much pollution should werelease into the ecosystem? How much timbershould we cut from the forests? How many fishshould we catch from the seas? . . . For other “how much” questions, our societytends to rely (at least in principle if not inpractice) on the free market. How manytelevisions, I-pods or barbeque grills should weproduce? The invisible hand of the free marketdetermines the optimal amount through the pricesignals generated by innumerable individualtransactions between willing sellers and willingbuyers. But, of course, when it comes toenvironmental harms, innumerable externalitiescause the magic of the marketplace to fail.Because environmental amenities, like air andwater, tend to be open to enjoyment by all, whenindividuals in the marketplace make decisions thatharm these amenities, the costs do not fall entirelyon them. Accordingly, under the grim logic of thetragedy of the commons, as each individualpursues her self interest in the market, theseunaccounted for costs eventually lead tooverexploitation of resources and over-production of pollution, to the detriment of all. In short, themarket ends up getting the answer to the “howmuch” question very wrong. This problem has been well understood fordecades, and according to the received wisdom of neoclassical welfare economics, there are twopotential solutions: 1) to intervene in the freemarket with government regulation, or 2) toprivatize the commonly held resource and let thefree market work its magic. In the 1970s, whenthe American environmental movement was youngand our society was optimistic about the ability ofgovernment to solve social problems, the firstsolution seemed like the obvious choice. After all,while privatization may sound good in theory, howcan you draw private property boundaries aroundthe air or the water? So Congress set aboutimplementing the government regulation solutionthrough a vast array of federal environmentallegislation that imposed limits directly on polluters.But almost as soon as the ink was dry on thosebold new initiatives, attitudes toward governmentsand markets began to shift. It’s a familiar litany:First the Vietnam War and then Watergate beganto slowly eat away at the considerable reserves ofidealism and faith in government that had beenstockpiled during the previous decades, when thenew deal, victory over fascism in World War II, and the post-war economic expansion had allseemed to testify to the competence andeffectiveness of the federal government. ThenReagan declared government the enemy andbegan systematically to defund and dismantle it.And when the Berlin Wall fell in 1989, thecollapse of communism in the soviet bloc wasread as decisive proof of the superiority of freemarkets to other forms of social organization. Accordingly, as we enter the twenty-firstcentury, the intellectual fashions of the day lookfar different than they did four decades ago whenGarrett Hardin wrote his now classic The Tragedyof the Commonsand Congress first set abouttackling the environmental problem. Governmentis out; the free market is in. The Great Society hasgiven way to the Ownership Society. Never mindthat the program of government intervention thiscountry embarked on in the 1970s seems by allaccounts to have been wildly successful, deliveringbillions of dollars in social benefits at only afraction of the cost. To hear even moderate voicestell the tale, one might think we had lived throughthe gulag—as commentators repeatedly comparethis country’s “command-and-control” style system of environmental regulation to soviet-stylecentral planning. … Meanwhile, markets areglorified as the last bastion of truly democraticdecision-making, where individuals can expresstheir preferences free of interference from big-brother government. …Thus, as academics and policymakers clamor to distance themselves from the now dowdy andstilted fashions of 1970s-style “command-and-control regulation” and to embrace the virtues ofthe free market, privatization has replacedgovernment intervention as the preferred solutionto the tragedy of the commons. Right wingideologues pump out books, articles, andmonographs touting the virtues of “free-marketenvironmentalism” and claiming that allenvironmental problems can eventually be solvedby simply defining and enforcing private propertyrights and allowing the free market to function.But even more moderate voices, who point out theobvious impracticality of privatizing many naturalTRIAL TEAM REACHES ATLA FINALSMIAMI, FLORIDA, APRIL 2006Temple’s trial team finished as thenational finalist in the annual ATLA competition. Shown with thecompetition’s presiding judge, The Hon. Jorge J. Perez (center),team members are, from left, Brian Robinson, Mia Roberts, Jessica Dumas, and Drew Sciolla.TRIAL TEAM WINS 18THCONSECUTIVE REGIONALPLACES IN NTCQUARTERFINALSDALLAS, TEXAS, MARCH 2006Temple’s National Trial Teamwon its 18th consecutive NTCregional championship atPhiladelphia’s Criminal JusticeCenter. In the nationalchampionship rounds in Dallas,the team finished in the “eliteeight.” Team members are,from left, Brad Terebelo,Marian Braccia, coachElizabeth Lippy ‘03, TiffanyGainer, and Justin Oshana.resources, still hurry to agree that privatization is superior to government regulation and shouldtherefore be pursued where ever practicable. Thus, extremists and moderates alike tout anyenvironmental policy that looks or smells anythinglike private property or a market as either anexample of a practical implementation of theprivatization alternative, or as an “intermediate” or “hybrid” scheme that is moving us in the rightdirection—that is, closer to the privatizationsolution and away from government regulation. In this vein, water markets, emissions tradingschemes, transferable fishing quotas, and privateland ownership are all touted as examples of thetriumph of privatization over the flawed, second-best alternative of government regulation.… I argue that all of this talk about privateproperty and market regimes generating analternative to government regulation ofenvironmental problems is nothing more than amirage. It has generated a lot of misperceptionsabout the extent to which government regulationcan be dispensed with, and a lot of muddledthinking about exactly what privatization is andunder what circumstances it can actually “solve”the tragedy of the commons. … Certainly, many of the more reasonable thinkerson these issues acknowledge that even under so-called “private property regimes” like emissionstrading and individual fishing quotas, governmentcontinues to play a crucial role in setting overall“caps” or limits on pollution or fish catch. Still, by treating these schemes—which are essentiallyforms of government regulation—as if theyrepresent an example of the privatizationalternative to government regulation or of someintermediate step on the way to completeprivatization, they lend legitimacy to the claims of the free market environmentalists, who—whileonce widely viewed as a harmless and irrelevantfringe—now have the ear of the president. Whatwe call things and how we categorize themmatters, because it influences how we think about them. Particularly as academic ideas gettranslated into policy through a kind of game oftelephone in which pieces get lost at each step of translation, it is vitally important to be clearand precise in our thinking. At bottom then, this article is a plea for “getting the names right”in our conversations about environmentalregulation. In this instance, that means not being afraid to call a government regulation agovernment regulation.Excerpt from Professor Amy Sinden’s“THE TRAGEDY OF THE COMMONSAND THE MYTH OF A PRIVATEPROPERTY SOLUTION”17456_TLS 6/8/06 3:29 PM Page 2TEMPLE ESQ. SUMMER 2006 • 3AMY SINDEN…continued from page onedivorced from practical experience, and the law reviewarticle I later wrote about the child welfare system tried to take that perspective. “Feminist theory had taught me to side with thevictims of domestic abuse and to favor state interventionin the (assumed) patriarchal family in order to disrupt the power dynamic between abusive men and victimizedwomen and children. But what I saw every day in family court turned all that on its head. The women Irepresented were not the victims but the alleged perpe-trators. Yet there was another power relationship at workhere—the relationship between the accused woman andthe state. This was a power dynamic that most feministshad ignored but which had shaped a system that wasprofoundly unjust and disempowering to women.”In environmental law, Sinden has again looked atpower relations—in particular the power disparitybetween the powerful corporate interests that typicallyoppose environmental regulation and the highly diffused, broadly shared, and often non-economicinterests that we all share in environmental protection.This concern for power imbalance has led Sinden tooppose the use of cost-benefit analysis in environmentalstandard setting.In her article, “In Defense of Absolutes: Combatingthe Politics of Power in Environmental Law,” publishedlast year in the Iowa Law Review,Sinden argues thatbecause it requires goods that are simply unquantifiable—like human lives and the preservation of endangeredspecies—to be valued in monetary terms, cost-benefitanalysis is hopelessly indeterminate. This indeterminacy“exacerbates the extent to which power imbalancedistorts government decision making by rendering cost-benefit analysis endlessly manipulable and contestable.That is to say, for any claim as to the proper valuation ofthe costs and benefits of a particular project, anothereconomist can make a credible argument to support theopposite result. … Thus … cost-benefit analysis doesnot provide a legal standard for decision at all, but ratherpunts the decision to the political process, where rawpower and wealth dominate.”Ultimately, Sinden would like to see decision makingstandards in environmental law that counteract ratherthan exacerbate the power imbalance that inevitablydistorts the political process in the realm of environ-mental disputes. And she’d like to see those whotheorize about the virtues of free markets confront theimperfections in real world markets that lead inevitablyto environmental degradation. “Smart, well-designedgovernment regulation,” says Sinden, “remains essential to preserving the fresh air, the clean water, and the diverse and intricate ecosystems that we alldepend on.” —Ingrid ThackTRIAL TEAM WINS CRIMINAL JUSTICE TOURNAMENTCHICAGO, APRIL 2006Temple National Trial Team members wonthe ABA’s National Invitational Criminal Justice Trial AdvocacyCompetition. Team member Chris Mattioli was named BestAdvocate in the competition and Best Cross Examiner in thefinal round. Mattioli (left) received the awards fromcompetition director Professor Ronald C. Smith of the JohnMarshall School of Law. Other team members were JeremyMenkowitz, Jennifer Welsh and James Zoll. The team wascoached by Jennifer Brettschneider of the Philadelphia DistrictAttorney’s Office, Professor Carrie Cinquanto, Director of theLL.M. in Trial Advocacy Program, and Professor MaureenMcCartney, Director of Trial Advocacy Programs.Invited Speakers ExploreDiverse Career PathsPOLITICAL CONSULTANTDAVID J. URBAN ’94 MARCH 23, 2006David J. Urban ’94, Managing Directorof the American Continental Group, was the guest speakerat a forum hosted by Dean Robert J. Reinstein for the lawschool community. The American Continental Group (ACG) is a Washington D.C.-based political consulting firm. WhenDavid J. Urban joined the ACG as a managing director in2002, he brought with him an invaluable range ofexperience, and a host of honors. As an artillery officer inthe Army’s 101st Airborne Division, Urban was awarded aBronze Star Medal for distinguished service in OperationDesert Storm. He left the service to attend law school, andin 1994 to 1997 was in private practice focusing onlitigation and transactional matters. Urban’s legal practiceranged from complex director and officer corporate liabilitymatters to multi-million dollar revenue bond financings forindustrial developments. In 1997, Urban left private practice when he was askedto act as Chief of Staff for U.S. Senator Arlen Specter.Acting as the Senator’s senior adviser on legislative,political, media, and administrative matters, Urbanrepresented Senator Specter and oversaw his interestsbefore the judiciary, appropriations, veterans’ affairs,environment, and public works committees. Urban is an adjunct professor at the H. John Heinz IIISchool of Public Policy and Management at CarnegieMellon University. He earned a B.S. from the U.S. MilitaryAcademy at West Point, a Master of Government Admini-stration from the University of Pennsylvania, and a J.D.from Temple Law. HOUSTON BUSINESS LEADERJOHN CARRIG ’77 MARCH 15, 2006 John Carrig, executive vice president offinance and chief financial officer of ConocoPhillips,traveled from Houston to talk to students about careers inbusiness law. Carrig first joined ConocoPhillips in London in 1978asatax attorney. In 1981, he transferred to Bartlesville,Oklahoma, and was associated with the corporate tax staffuntil 1993 when he joined the treasury group as financemanager. He was then named assistant treasurer offinance, and in 1995 he accepted the position of treasurer.He was vice president and treasurer from 1996 to 2000,when he was named senior vice president and treasurer.He was elected by the board of directors to senior vicepresident and chief financial officer for Phillips in 2001, aposition he held until the ConocoPhillips merger occurredAugust 2002. Carrig is deeply committed to local Houston institutions,and is a member of the American Petroleum Institutegeneral committee on finance and of the overseers councilfor the Jesse H. Jones Graduate School of Management atRice University. He also is a member of the board ofdirectors for the Alley Theatre in Houston and serves onthe finance committee of the Awty International School.Carrig earned a B.A. from Rutgers University, a J.D.from Temple and an advanced degree in tax law from New York University.17456_TLS 6/8/06 3:29 PM Page 31961MARTIN WEINBERGhas joined the board of directors as co-chairman ofSwapCredits.com, an online swappingmarketplace. Weinberg is a partner atObermayer and is a former candidate for mayor of Philadelphia.1966 JEFFREY A. WEINER,J.D. ’66, LL.M. ’77has joined Stark &Stark as a shareholder in its Marlton, New Jersey officewhere he concentrates his practice in the area of business,contract law, and business and civil litigation. Weiner is a commercial arbitrator for the American ArbitrationAssociation, an arbitrator for commercial cases appointedby the Superior Court of New Jersey, Camden County, andan expert witness for legal malpractice actions involvingbusiness transactions. 1968Former state senator ROBERT ROVNERwas voted onto theTemple University board of trustees at its March 2006meeting. Rovner, who also serves on the board of PodiatricMedicine of Temple University, is CEO and foundingpartner of Rovner, Allen, Rovner, Zimmerman & Nash.1971THOMAS LEONARDhas joined the board of directors as co-chairman ofSwapCredits.com, an online swappingmarketplace. Leonard is a partner atObermayer and is a former city controllerand candidate for mayor. 4 • TEMPLE ESQ. SUMMER 2006MEHRA WINS JAPAN FOUNDATION GRANTProfessor Salil K. Mehra has been awarded a Japan Foundation grant to travelto Tokyo to expand his research on Japan’s use of the criminal law to deal withhigh-technology problems. He will be hosted by Keio University, one of Japan’spremier institutions of higher learning. In addition, a paper by Mehra exploring Japan’s increasing use of criminallibel law to deal with online defamation has been selected in a competition fora workshop jointly sponsored by the University of Michigan and the AmericanSociety of Comparative Law.NOTESClassMAY 20, 2006Teaching school-agestudents about the law and citizenship isRoberta West’s passion. West’s dedicationwas recognized when she was awardedthe Cecil B. Moore Award for twodecades of providing legal education andmock trial experiences to students in theregion and across the state. The award was presented at theannual scholarship gala of the BarristerAssociation of Philadelphia. Establishedin 1950, the Barristers Associationaddresses the professional needs anddevelopment of African American lawyersin Philadelphia and surrounding countiesthrough programs such as seminars,cultural events, and publications. As program director for Temple Law Education andParticipation (LEAP), West is at the helm of a program thattouches the lives of over 500 junior high school and highschool students per year. Designed to develop youngstudents’ knowledge about the law, LEAP brings lawstudents, practicing attorneys, judges, and police officerstogether with teachers and students inclassrooms throughout Philadelphia.West first became involved with LEAP asa Temple law student when she judgedhigh school students in the mock trialcompetition. After graduation, shebecame LEAP’s education director andwas named program director in 1993.LEAP was founded in 1974 when agroup of law students, under theleadership of United States FederalDistrict Court Judge Clifford ScottGreene and then Temple Law SchoolDean Peter Liacouras, began teachinglaw to public high school students. The John S. Bradway Philadelphia High School Mock Trial Program, one of the many components of LEAP, is the largest mock trialprogram in the state. This year 51 teams with over 500high school students vied for the Philadelphia areachampionship title; more than 300 lawyers and over 50Temple law students coached, judged, and served as rolemodels for these up-and-coming litigators.BARRISTERS HONOR TEMPLE-LEAP DIRECTOR Roberta A. West ’89 receives Cecil B. Moore AwardINT’L MOOT COURT TEAMWINS REGIONALS, TRAVELSTO D.C. FOR “WORLDS” INDIANAPOLIS, INDIANA, FEBRUARY 2006Five second- and third-year students carried Temple Law to victory at thePhilip C. Jessup International Moot Court East RegionalCompetition. The competition brought together studentsfrom twelve law schools to argue a hypothetical inter-national law case as if they were appearing before theInternational Court of Justice in The Hague. Named for a former U.S. Justice and President of theInternational Court of Justice, the Jessup InternationalMoot Court Competition is generally considered the mostprestigious moot court competition in the world. TEAM MEMBERS, LEFT TO RIGHT, DENNIS YUEN, KIMBERLEYLEADFORD, JIMMY NEWMOON ROYBAL, KELLY HEIDRICH, ANDANDREW NOTARISTEFANO LED TEMPLE TO ITS FIRST REGIONALTITLE IN THE JESSUP INTERNATIONAL MOOT COURT COMPETITION.PROFESSORS HENRY RICHARDSON AND DUNCAN HOLLIS, AND JILL SEARS, FROM THE INTERNATIONAL PROGRAMS OFFICE, SERVED AS ADVISERS.Teams from U.S. law schools compete in regionalrounds held in twelve parts of the country. Temple’ssuccess in the east regional championship gave the teamits first opportunity to compete in the Shearman & SterlingInternational Rounds held in Washington, D.C. Ninety-nineteams from more than 80 countries participated in theinternational rounds this year. This year’s case raisedissues of state succession, international protection ofhuman rights, the rights of indigenous peoples, and theright to development. The competition was won by a teamfrom Columbia University.JOSEPH LABOLITO17456_TLS 6/8/06 3:29 PM Page 4TEMPLE ESQ. SUMMER 2006 • 51988CHARLES I. COANTis a partner in O’Neill &Coant of Vineland, New Jersey, where hespecializes in appellate matters, personalinjury litigation, and workers compensation.1989In March 2006, DAVID J. STEERMAN,apartner in the litigation department’sfamily law practice group of ObermayerRebmann Maxwell & Hippel, was apanelist for the Philadelphia Bar Instituteprogram, “Disasters: Planning Ahead toAvoid the Worst.” Steerman’s topic was“Family Law Questions that Arise Post-Disaster..”1990KATHLEEN LYNN GRZEGOREKannounces the formation ofthe new immigration law firm of Stone & Grzegorek in LosAngeles, California. Grzegorek and Lincoln Stone are bothrecognized as certified specialists in immigration andnationality law by the State Bar of California. AMY F. LOPERFIDOhas joined Zarwin Baum DeVito KaplanSchaer Toddy as a senior litigation associate in thecommercial litigation practice area in the firm’sPhiladelphia office. Prior to joining Zarwin Baum, Loperfidowas a trial team manager for Robert J. Casey, Jr. &Associates in Philadelphia.1992In March 2006, TAMARA L. TRAYNOR,a shareholder in the Philadelphia firmMiller, Alfano & Raspanti, spoke at theProfessional Women’s Roundtable on“Business Ethics and Preventing Fraud inthe Workplace.” Traynor is also on theboard of directors of the Philadelphia Committee to End Homelessness.1995MICHAEL G. BUSENKELLrecently became a member ofEckert Seamans Cherin & Mellott in Wilmington, Delaware.TOM RUTLEDGE,a litigation associate at Branton & Wilsonin San Diego, California, is a delegate to the San DiegoCounty Bar Association’s employment law section. SHAWN V. SAULS, LL.M. IN TRIAL ADVOCACY ’95,isbeginning a second term on the board of directors of theLawyers Club. In addition, Sauls recently spoke at aseminar sponsored by the Brandeis, Brehon, Justiniansand Jagiellonian Societies on the topic of how to settle acase with pending liens such as workmen’s compensationand Medicare.1996LISA A. BARTONhas been named ashareholder at Bazelon Less & Feldman,specializing in the areas of commerciallitigation and construction law. Barton wasan architect for ten years before attendinglaw school. In addition, Barton has developed and taught a seminar on“understanding construction documents”for the firm’s clients and for LormanEducation Services.CHRISTOPHER CULLETONhas been namedapartner at Kolsby Gordon Robin Shore& Bezar, where he handles plaintiffs’personal injury cases.ANTAR C. JOHNSON ’96and TONIA BAIRJOHNSON ’97 announce the recent birth oftheir daughter, Karis Maya Johnson. Antaris assistant general counsel at the D.C.Lottery and a commissioner for the ethicsboard of Montgomery County, Maryland.Tonia is an attorney with the MeritSystems Protection Board. 1997Duane Morris announces that partner SANDRA A. JESKIE,a member of the firm’s trial practice group and informationtechnology and telecommunications interdisciplinarypractice group in its Philadelphia office, has been namedassistant secretary on the executive committee of theInternational Technology Law Association. The position puts Jeskie on track to become the organization’s presidentin 2010.ROBERT S. NIXhas been elected to the board of directors ofthe Catholic Leadership Institute. Nix is founder andpresident of Phoenix Strategies, a Philadelphia lobbyingand consulting firm specializing in issues of Hispanicpolitical, economic, and educational empowerment. 1998WILLIAM D. AUXER,a principal andmember of the construction and suretylaw department of Kaplin Stewart in BlueBell, Pennsylvania, was elected chair ofthe Attorneys Forum for the NationalUtility Contractors Association. Auxer, whois also a civil engineer, concentrates his practice inconstruction law, public contracting, and environmental law.SEAN HART has been elected to the board of directors ofthe Bar Association of Lehigh County and has been namedassistant solicitor for Northampton County, dealing primarilywith the county’s labor and employment issues.MARCH 24, 2006At the University LeadershipSummit, Dean Robert Reinstein and AssociateDeans Baron, Bartow and Epps met with lawschool graduates. The daylong meeting offeredthe law school the opportunity to bring togetherlaw alumni/ae who are members of thePresident’s Advisory Board and the Board ofVisitors to explore the future of legal educationwith special attention to the business ofoperating law firms and to changes broughtabout by globalization and technology.1972A. HAROLD DATZ,of Seidel Weitz Garfinkle& Datz, has been reappointed to a four-year term on the Philadelphia BarAssociation’s commission on judicialselection and retention. Datz will chair the commission for 2006.1981WILLIAM H. FINLAYhas returned to the Philadelphia areaafter several years in private and government practice inNorth Carolina and is now associate counselat theU.S. Residential Finance Group of Residential CapitalCorporation. His daughter is a Temple legacy student whoiscompletingher freshman year as a jazz vocalperformance/music education major.WALTER E. MCGOWAN,a partner of Gray,Langford, Sapp, McGowan, Gray &Nathanson in Tuskegee, Alabama, wasrecently inducted into the AmericanCollege of Trial Lawyers. Membership is by invitation only and cannot exceed onepercent of the attorneys in a state. 1982WALTER A. TILLEY,of the York law firmStock and Leader, addressed municipalofficials about employment issues at the Pennsylvania State Association ofTownship Supervisors’ annual convention.1983Cozen O’Connor member STEVEN N. HAASrecentlyreceived the Business On Board Volunteer of the YearAward from the Arts and Business Council of GreaterPhiladelphia. Haas, who practices in the corporate andemerging business and venture capital practice groups atCozen O’Connor, is being honored for his “outstandingservice and support” as a board member at SettlementMusic School.1985SIDNEY M. GROBMANis currently the only physician-attorney in Pennsylvania who has actively litigated bothplaintiff and defendant medical malpractice cases.1987NICHOLAS PODUSLENKOis the generalcounsel for the new e-commerce firm ofSwapCredits.com.EDWARDKUNTZ J.D. ’69, LL.M. ’78DANIELLE BANKS WILLIAMS ’93DEAN ROBERT J. REINSTEINLAW SCHOOL LEADERSHIP SUMMIT17456_TLS 6/8/06 3:29 PM Page 56 • TEMPLE ESQ. SUMMER 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) 204-1187Joseph A. DalyClass of 1982IN MEMORIAMANDREAS KLAFKIhas been awarded a contract to work forthe consumer goods and foodstuffs division of theEuropean Commission. Klafki also earned a Ph.D. inEuropean environmental law and lectures for a privateuniversity in Dresden, Germany.Drinker Biddle & Reath announces thatHELEN [DUPLESSIS] E. TUTTLErecentlyjoined the firm in the Florham Park, NewJersey office. Tuttle is an associate in thelabor and employment practice group.1999NEREIDA B. GONZALEZhas joined the AFL-CIO HousingInvestment Trust as the associate general counsel intransactions, concentratingprimarily in real estate,securities,corporate, and labor law.2001WILLIAM T. HILL, J.D. ’01, LL.M. ’03,hasjoined Klehr, Harrison, Harvey, Branzburg& Ellers as an associate in the litigationdepartment, concentrating his practice incomplex commercial litigation.EMILY KAPLAN MURBARGERand herhusband, Joshua Murbarger, are currently teaching inJinzhou City, Liaoning Province, People’s Republic ofChina. They expect to be there for at least six months, andcan be reached through their blog: www.peer-see.com. 2002Charlotte Isabelle was born to NICOLE (FUMO)andCHRISTIAN MARRONE,who were married in 2003.2003PETER D. CRAWFORD JR., LL.M. INTAXATION,has been named a partner ofGreenbaum, Rowe, Smith & Davis, wherehe is a member of the firm’s tax, trusts,and estates department.2005An excerpt from a law school paper by AMY O’DONNELLwascalled a “notable quotable” in Tom Herman’s Wall StreetJournalcolumn. The quote was from a guided researchpaper written for Professor Muriel Morisey about thePresident’s Advisory Panel on Tax Reform. O’Donnell isworking as an attorney in Washington, D.C.CIVIL RIGHTS CHAMPIONSTEFAN PRESSERMEMORIALIZED IN PUBLICINTEREST SCHOLARPROGRAMAPRIL 2006When ACLU legal director and Temple adjunctprofessor Stefan Presser submitted a proposal in 2000 tocreate the Public Interest Scholars Program at Temple Law,he couldn’t have imagined that the scholarship would oneday bear his name. Originally funded from an estate gift ofLeonard Rubin ’49, the program has been renamed theRubin-Presser Public Interest Scholars Program in honor ofPresser, who died of brain cancer at the age of 52 inOctober 2005. “My father wanted to support law students who sharedhis devotion to the cause of equal rights for all,” saidPresser’s son David Sherman-Presser. “He would be sopleased that we are expanding the endowment to createadditional scholarships for students who will follow in hiscareer path.”Each year, the program awards full tuition scholarshipsto three or four entering law students who demonstrateexceptional ability and a longstanding commitment topublic interest work.To date, the law school has awardedthese scholarships to 19 students. The program, whichPresser designed, also provides a comprehensive plan ofcoursework, mentoring, pro bonoopportunities, and clinical experiences. Presser, who was legal director of the ACLU ofPennsylvania, taught Temple’s death penalty litigation clinicfor 14 years. After resigning from the ACLU in 2004,Presser planned a second career as a full-time professor atTemple, directing the law school’s public interest program.Although his illness and untimely death prevented himfrom realizing that goal, the Rubin-Presser Public InterestScholars Program assures that his legacy lives on.PAUL J. ANDRISANI, MEMBER OF LAW SCHOOLADVISORY BOARD1947—2006MARCH 2006Temple University Professor Paul J.Andrisani taught labor management at the Fox School of Business and Management for 30 years. ProfessorAndrisani served on Temple Law’s Board of Advisors since1994. Andrisani died at the age of 59 after a two-year battle with cancer.In addition to being a full professor specializing inhuman resource management and labor marketeconomics, Andrisani directed the Center for Labor andHuman Resource Studies at the Business School. Althoughhe decreased his teaching load in the past few years dueto illness, Andrisani never retired. Professor Andrisani is survived by his wife, BarbaraFrank Andrisani, three children, four grandchildren, a sisterand a brother.PIONEER IN “REAL OPTIONS ANALYSIS” OF LEGAL PROCEDURES DELIVERS FIRSTHAROLD E. KOHN LECTUREAPRIL 6, 2006Professor Peter H. Huang delivered the inaugural Harold E. KohnLecture: “Unexpected Values of Lawsuits: A Real Options Model of Litigation andSettlement” to the law school community. The lecture is based on an articleforthcoming in Stanford Law Reviewthat Professor Huang co-authored withJoseph A. Grundfest. Huang’s research in the emerging field of law and emotion integrates theoriesin decision-making and behavior from both cognitive and social psychology, aswell as the neurosciences, and applies them to the study and practice of law. Hebelieves that by teaching law students about human psyche, judgment, andmotivation, they will become better agents for their clients, the legal system,and society as a whole.Huang was the first Harold E. Kohn Professor of Law. The chair was created in 2004 by theBarrack and Arronson foundations in honor of the Philadelphia trial lawyer who was widelyconsidered the architect of the modern-day class action.law, and civil rights. In 2002, he was named the I. HermanStern Professor of Law. He is the author of the “The AirNet: The Case Against the World Aviation Cartel” publishedin 1969, and a contributor to “The Monopoly Makers,”published in 1974. His law review articles cover a variety of topics, including equal protection, affirmative action,judicial immunity, governmental regulation, and federalprivate causes of action.Former students praise Pillai’s ability to teach andmentor. David Payne ’95, now practicing securities law,noted that his experience as Pillai’s research assistant hadan enormous influence on his writing and his career. SaidPayne, “Spending time with Jan was like having an extracredit course in life. It wasn’t just what you were talkingabout that day or what the course was about that mattered.He wanted you to be better at whatever you were doing.”Calling Pillai a “visionary,” Craig Tractenberg ’81 creditsPillai with teaching him the pleasure of writing. “He editedJAN PILLAI RETIRES…continued from page oneevery sentence of the draft I submitted but did so tactfullyand in such a way that I wouldn’t mind coming back.”For Professor Phoebe Haddon, Pillai embodied “theidea of Temple.” She spoke of his commitment to socialjustice, his steadfast belief that law “can be an instrumentof social change,” and his refusal to be deterred by otherswho don’t agree with his positions. Pillai’s scholarlyinterests expanded because “he was disturbed by theshifts in Washington politics and the direction of the federalcourts,” she says. Because of these concerns, “Jandevoted himself to examining the retreat of the courts from fulfilling the promise of the Fourteenth Amendment.”Haddon believes the final years of Pillai’s tenure at the law school have resulted in his most “incisive andstimulating work.” “Jan Pillai was part of the Liacouras generation thatbuilt the law school into the influential institution it istoday,” said Associate Dean Mark Rahdert. “When you stopat a well and take a drink, you should stop and thank thosewho built the well. Jan and his generation on the facultybuilt the well at Temple Law School.”—Christina M. Valente17456_TLS 6/8/06 3:29 PM Page 6TEMPLE ESQ. SUMMER 2006 • 7SENDUSYOURNEWS!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.eduMOORE-DUNCAN ’72IS HONORED AT BLSA BANQUETAPRIL 13, 2006Dorothy Moore-Duncan ’72,shown with Alexander D. Gladney ’06,was honored at a banquet hosted by the Black Law Students’ Association.Moore-Duncan is the regional director of the Philadelphia office of the NationalLabor Relations Board. Gladney is theoutgoing president of BLSA.INTERNATIONAL LAWPROGRAM…continued from page eightINTERNATIONAL HIGHLIGHTS AT TEMPLE LAW•Rule of Law Program in China hastrained over 500 Chinese judges andattorneys in programs in Beijing andPhiladelphia.•The Institute for International Law andPublic Policy, founded in 2001 underthe leadership of Professors Amy Bossand Jeffrey Dunoff, brings leadingscholars, diplomats and internationalpractitioners from all over the world.•Each spring semester, 70 J.D. studentsattend Temple Law Japan, the only full-semester program run by an Americanlaw school in Asia.•More than 20 percent of Temple J.D.and LL.M. students study abroad inprograms in China, Japan, Italy, Ireland and Israel.•This year, 35 foreign-trained attorneyscame from 19 countries to earn anLL.M. at Temple Law.conferences” to Temple. “Since itsestablishment four years ago, theInstitute has created a lot ofintellectual excitement and visibility,”said Reinstein.Although Reinstein believes thatU.S. News’ ranking system has itsflaws, he’s grateful that internationallaw at Temple is getting the nationalrecognition it deserves—and he’scommitted to pushing the specialty to even greater heights.“There are two gigantic forces thatare operating on higher educationright now in the U.S. and everywhereelse in the world: Technology, ofcourse, is one—and globalization isthe other,” Reinstein said. “TempleLaw and Temple University need to beat the cutting edge of both.”MARCH 17 AND 18, 2006“Law and Adolescence TheLegal Status, Rights, andResponsibilities of Adolescentsin the Child Welfare, Juvenile,and Criminal Justice Systems,”was the title of an inter-disciplinary nationalsymposium co-sponsored bythe Temple Law Review andthe Juvenile Law Center. Thesymposium brought togetherscholars, attorneys, judges,and other professionals fromresearch and practice in thefields of law, psychology,criminology, sociology, andother social sciences.WOMEN’S LAW CAUCUSHONORS ADVOCATE FORJUVENILE RIGHTSAPRIL 10, 2006 MarshaLevick ’76, legal director ofthe Juvenile Law Center, wasthe 2006 honoree andkeynote speaker at theannual dinner of theWomen’s Law Caucus.Levick, with Robert Schwartz’75, co-founded the JuvenileLaw Center in 1975 andserved as its first executivedirector until 1982. She leftfrom 1982 to 1988 to workfor the National Organizationof Women Legal Defenseand Education Fund, first aslegal director and then executive director, and from 1989 to 1995 Levick worked for Rubin & Associates, a commercial litigation firm specializing in securitiesindustry disputes.Law Reviewsymposium focuses on JUVENILES AND THE LAWPresentations exploredhow research about develop-mental differences betweenadolescents and adultsaffects, or should affect,policies and court decisionsfor youth involved in the childwelfare, juvenile, andcriminal justice systems. A future issue of the TempleLaw Review will focus on the work presented at thesymposium. Keynotespeakers were Frank F.Furstenberg, University ofPennsylvania; Elizabeth S.Scott, University of Virginia;and Michael S. Wald, Stanford University.SYMPOSIUM SPEAKERS AND ORGANIZERS FROM LEFT: PROF.MICHAEL WALD, STANFORD LAW; PROF. SUSAN DEJARNATT’81, TEMPLE LAW; ROBERT SCHWARTZ ’75, EXECUTIVEDIRECTOR, JUVENILE LAW CENTER; LAVAL WILSON, JUVENILELAW CENTER; AND ALEXANDRA BAK-BOYCHUK ’06.SEVEN TEMPLE J.D. STUDENTS WILL INTERN IN ROME AND FRANCE THIS SUMMER. THEY ARE THEFIRST PARTICIPANTS IN A NEW INITIATIVE TO GIVE STUDENTS INTERNATIONAL WORK EXPERIENCE,ORGANIZED BY TEMPLE’S OFFICES OF INTERNATIONAL PROGRAMS AND CAREER PLANNING. AYESHAABBASA ’07, CENTER, IS WORKING AT THE LAW FIRM OF HSD ERNST & YOUNG, IN LYON, FRANCE.BEFORE SHE LEFT, ABBASA MET WITH (FROM LEFT) ADRIEN-CHARLES DANA, BATONNIER, LYON BARASSOCIATION; PROF. SABINE DANA-DEMARET; ADELAIDE FERGUSON, ASSISTANT DEAN FORINTERNATIONAL PROGRAMS; CHRISTIAN LEROY, HSD ERNST & YOUNG; AND MICHAEL SCULLIN ESQ.,HON. CONSUL OF FRANCE.17456_TLS 6/8/06 3:29 PM Page 7TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW • LAW SCHOOLANDALUMNINEWS • SUMMER 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.EDUReprinted from Temple TimesAPRIL 27, 2006Last month, Temple’s James E. BeasleySchool of Law made an historic debut in the U.S. News &World Report’s rankings of top professional schools: TempleLaw’s programs in international law were ranked 20th bestin the nation, the school’s first appearance in the top 25 inthat specialty.Along with TempleLaw’s two perenniallytop-ranked specialtiesof trial advocacy(ranked second) andlegal writing (rankedthird), the ascent ofinternational lawmakes Temple one ofthe few law schools inthe nation to boasttop-ranking programs in three different specialties.For Robert J. Reinstein, dean of the Law School andTemple’s vice president for international programs, theranking was the culmination of a quest to create a thirdcenter of excellence in an area he considers “critical” fortoday’s law students.“Globalization is changing the legal profession,” DeanReinstein said. “For our students to be effective lawyers inthe 21st century, they have to be exposed to the globalenvironment in which they’ll be practicing. Take intellectualproperty law: The United States has had to change its lawsin order to make them more consistent with intellectualproperty laws in other countries. That’s just one exampleINTERNATIONALLAW PROGRAMBREAKS INTO NATIONAL TOP 20why it’s important to understand other cultures and otherlegal systems.”Reinstein believes that increasing prominence ofinternational law at Temple is driven by three factors: top-notch faculty, innovative programs abroad and anoutstanding institute promoting scholarship in international law.Temple’s excellent international law faculty has beensupplemented by the recruitment of prominent facultyspecialists. For example, Duncan B. Hollis, a widelypublished expert on the international law of treaties,recently joined Temple Law from the U.S. Department ofState. Due to arrive next year are Peter J. Spiro, anationally recognized and frequently cited expert in publicinternational law, immigration law and foreign policy fromthe University of Georgia School of Law (where he is anassociate dean and holds a named chair); and Jaya Ramji-Nogales from Georgetown University Law Center, whorecently published a book on attempts to bring the KhmerRouge to justice for genocide in Cambodia.Temple Law’s trendsetting programs abroad include thelaw program at Temple University Japan, the first of its kindrun by any American law school in Asia; a groundbreakingRule of Laws programs in China that is influencing theChinese legal system by educating Chinese lawyers,judges, government officials and legal scholars; studyabroad programs for Temple Law students in Beijing andRome; and exchange programs in Ireland and Israel.Reinstein also praises the Institute for International Lawand Public Policy, an interdisciplinary institute fosteringscholarship, dialogue and international legal exchange, for“bringing a lot of prestigious speakers and important“…one of the few lawschools in the nationto boast top-rankingprograms in threedifferent specialties.”continued on page sevenInternational Moot Court Competition,see story page fourKARA OLEYN When? March 3-10, 2007Where? Rome, ItalyWhat? Brunch at the Villa CaproniAmerican Embassy receptionPrivate tour of the Quirinale PalaceGala opening for faculty art exhibitPrivate tour of the Ministero della MarinaAll-day excursion through Umbria And more! To request more information contact Debbie Feldman atDFeldman@temple.edu•Save the Date•Temple University Rome40th Anniversary 17456_TLS 6/8/06 3:29 PM Page 8Next >