TEMPLE LAW SCHOOL FALL 2020 Connecting the Dots in a Pandemic The Public Good and the Law in a Lockdown THE MAGAZINE FOR TEMPLE LAW SCHOOL ALUMNI Mission Statement Temple University Beasley School of Law is committed to excellence in teaching, learning, scholarship, and service. The faculty is dedicated to preparing students to enter and continue in the legal profession with the highest level of skill possible, with a firm commitment to principles of professional responsibility, and with a sense of personal obligation to lead and to serve the communities in which they live and practice. We are dedicated to our foundational ideal of making legal education accessible to all talented individuals, including individuals who otherwise might not have that opportunity or who might encounter barriers because of race, creed, sex, disability, sexual orientation, gender identity or expression, age, socioeconomic background, or other personal characteristics. We endeavor to create and sustain a law school community that is diverse, inclusive, and committed to equal justice under the law. Temple ESQ. is published by the Temple University Beasley School of Law for alumni and friends. Dean Gregory N. Mandel Assistant Dean for Development and Alumni Affairs Deborah M. McCreery Content, Art Direction, and Design Xhilarate Photography Kelly & Massa Ryan Brandenberg Alexandria Peachey Contributor Rebecca Schatschneider Send letters and comments to: lawalum@temple.edu Temple ESQ. James E. Beasley School of Law 1719 N. Broad Street Philadelphia, Pennsylvania 19122 To change your email, home or office address: www.law.temple.edu/resources/alumni/contact-update Board of Visitors Joseph William Anthony ’74 Dennis A. Arouca ’77 Leonard Barrack ’68 The Honorable Phyllis W. Beck Mitchell W. Berger ’80 Nadeem A. Bezar ’91 Vijay V. Bondada ’94 James A. Bruton, III ’75 Anthony Warner Clark ’79 Richard T. Collier ’79 Doneene Keemer Damon ’92 Carolyn Chernick Davis ’87 Doreen S. Davis ’78 Alan M. Feldman ’76 Allan M. Fox ’72 Frederick S. Humphries, Jr.’86 Hayes A. Hunt ’97 Richard P. Jaffe ’68 Marina Kats ’88 Leonard M. Klehr ’76 Susanna Lachs ’78 John B. Langel ’74 Marsha L. Levick ’76 Vincent J. Marella ’72 The Honorable Theodore A. McKee William R. McLucas ’75 William J. Merritt ’87 Leslie Anne Miller ’94 Mitchell L. Morgan ’80 Stephen J. Neuberger ’03 Samuel H. Pond ’84 Marcel S. Pratt ’09 Grant Rawdin, J.D. ’87 Abraham Charles Reich ’74 Hon. L.Felipe Restrepo Gilbert T. Schwartz ’74 The Honorable Anthony J. Scirica Ambassador Martin J. Silverstein ’79 James T. Smith ’83 Eugene Arthur Spector ’70 Joe Tucker ’89 James A. Walden ’91 Richard H. Walker, ’75 Bette Jean Walters ’702 Amicus Curiae From the Dean 24 On International Criminal Law and “Gravity” 26 29 28 4 Connecting the Dots in a Pandemic The Public Good and the Law in a Lockdown TEMPLE LAW SCHOOL FALL 2020 THE MAGAZINE FOR TEMPLE LAW SCHOOL ALUMNI 37 Ex Post Facto 30 Faculty Notes 32 Alumni Notes TEMPLE’S TOP TEN TIPS FOR TELE-ADVOCACY 100 YEARS OF WOMEN’S SUFFRAGE 100 Years of Women in the Law School 14 Full Docket and Empty Courtrooms 16 Addressing Cybersecurity in the Healthcare Sector 18 Advocacy in Action: Temple Law Students Take on Leadership Roles During COVID-19 Pandemic 20 International Alums Pitch in During International Health Crisis 32 The World on Lockdown2 Amicus Curiae FROM THE DEAN3 ESQ. THE MAGAZINE OF TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW FALL 2020 One of the most important non-legal skills a lawyer should possess is the ability to adapt quickly when circumstances change. It is hard to imagine a time when circumstances have changed more rapidly, or at a greater scale, than the past several months. Lawyers have had to adapt to rapid change in courtroom advocacy, client counseling, business practices, and the substance of the law itself. I’m talking, of course, about the ongoing COVID-19 pandemic, during which Temple Law’s faculty and students have been quick to adapt — and to lead. Our trial advocacy faculty, led by Professor Jules Epstein, have become authorities on the art of “remote advocacy” (p. 14). Curious? Check out Professor Elizabeth Lippy’s top ten tips for tele-advocacy (p. 28). Professor Jonathan Lipson has co-authored a nationally lauded model standstill/tolling agreement for businesses unable to meet contract obligations (p. 26) and Professor Duncan Hollis has led a multinational effort to protect hospitals and vaccine researchers from cyberattack using international law (p. 16). And then there is the leadership of Professors Scott Burris and Rachel Rebouché at Temple Law’s Center for Public Health Law Research, which has emerged as a national authority on the legal issues raised by the pandemic (p. 13), and the Sheller Center for Social Justice, where Professors Sibley, Reiser, and Lee are finding that for their clients, the pandemic has brought new twists to old problems (p. 6). It’s no wonder, given these mentors, that Temple Law students have also so eagerly embraced the opportunity to lead (p. 18). Even as our faculty and students are leading us forward into a new world, Temple Law is welcoming the next generation of Temple Lawyers to our halls. As I write this, we are in the process of seating the entering class of 2020, and I have been delighted with their promise and potential. We have also recently welcomed several exceptional new members to the faculty, including Paul Gugliuzza (Intellectual Property), Ben Heath (International Business), Elizabeth Lippy LAW ’03 (Trial Advocacy), and Trang (Mae) Nguyen (International and Comparative Law). What a wonderful setting in which to kick off our 125th anniversary celebration (p. 40)! We are proud of Temple’s long commitment to delivering a high-quality legal education and its reputation as a great value. To celebrate this great milestone, we will be hosting events that are planned to be both in-person and virtual, throughout the academic year, to celebrate. We hope you’ll join us. Looking forward, as we continue to adapt to a changing world, I am confident that the creativity, resolve, and vision of Temple Lawyers will help to ensure that it is more fair, more just, and more equitable than what has gone before. Thank you for all you are doing to make it so. Yours, Gregory N. Mandel Dean and Peter J. Liacouras Professor of Law Temple University Beasley School of Law As I write this, we are in the process of seating the entering class of 2020, and I have been delighted with their promise and potential. AMICUS CURIAE4 Connecting the Dots in a Pandemic The Public Good and the Law in a Lockdown FACTS IN EVIDENCE5 ESQ. THE MAGAZINE OF TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW FALL 2020 The world is in the grip of an ongoing pandemic, an unfolding emergency, straining institutions and ravaging communities. The extent of its impact and its duration keeps evolving and developing. When will things return to normal? Is a hope for normal even realistic, when the definition of what normal is also seems to be changing? The problem is not simply that this is a moving target, either, but that so many targets are popping up in so many places. Even narrowing the focus to nothing but impacts on the law, the subject is overwhelming. Where do you look first? At international law? At labor law and the roles of the unemployed, low-wage workers, immigrants, and other already vulnerable populations? At public health law, which often encompasses all of the above? At Temple Law School, The Center for Public Health Law Research (CPHLR) and the Sheller Center for Social Justice have been working to address the pandemic, assembling clear assessments and actionable recommendations. Early on they saw what might be coming — what did, in fact, come — and they acted quickly to mitigate serious outcomes. The pandemic has exposed many of the vulnerabilities in systems instituted to provide protection and comfort and, further, how the vulnerable are affected. The central challenge of this pandemic may be how to maintain or restore the workings of a society in which essentially nothing is working6 FACTS IN EVIDENCE The Sheller Center for Social Justice was founded as a hub for social justice inquiry and advocacy, working with disadvantaged populations in Philadelphia and across Pennsylvania. The pandemic has changed the landscape of social justice, but the issues aren’t particularly new; the stressors caused by COVID-19 just amplify the threats posed to vulnerable populations and deepen the impacts they can have. “Very few of the problems we’re seeing are new problems; instead, they’re old problems that have now been exacerbated by the pandemic,” says Shanda Sibley, Assistant Clinical Professor of Law at the Sheller Center. “But the fact that these are longstanding issues doesn’t stop us from trying to come up with new solutions.” Sibley directs the Systemic Justice Clinic where they focus on the criminal legal process and the collateral consequences for people who have had contact with it. “The struggle for access to justice has taken some significant new turns as a result of the pandemic,” says Professor Len Rieser, Program Coordinator at the Sheller Center, who teaches the Access to Justice Clinic and Education Law. “The virus has created new legal needs, while also forcing courts to operate in different ways — some of them well thought out and helpful to litigants, others more problematic.” Connecting the Dots in a Pandemic The Public Good and the Law in a Lockdown Not new, just “Very few of the problems we’re seeing are new problems.” worse7 ESQ. THE MAGAZINE OF TEMPLE UNIVERSITY JAMES E. BEASLEY SCHOOL OF LAW FALL 2020 Rieser’s work considers the difficulties that low- and moderate-income people face when trying to navigate the civil justice system. “What students see in the busy courtrooms that deal with people’s day-to-day legal problems — child custody, landlord-tenant problems, consumer debt, and so forth — can be quite different from what law school led them to expect. In the textbooks, the parties are represented by lawyers who make thoughtful arguments before judges who have the time and patience to arrive at well-reasoned decisions. But in the real world of our first-level courts, people show up without lawyers, struggle to cope with rules and procedures that they do not understand, and may get only the briefest of hearings before the court moves on. It’s important for students to get a sense of this reality and to face the question of what we as a society can do about it.” Jennifer Lee directs the Social Justice Lawyering Clinic at the Sheller Center for Social Justice, where she works with law students, primarily on the needs of low-wage workers and immigrants in the region, but also with organizations that support these same populations. Her clinic on civil and employment rights for low-wage workers and immigrants has students engaging in direct advocacy and representation, and those efforts have been impacted when students and those they represent are not in the same room. “Being unable to go and engage with community members directly is a drawback. So much of legal representation is establishing a good relationship with your client. And that is challenged by not being able to meet in person” seNext >