et al.: Penn Law Journal: Family Album UNIVERSITY OF PENNSYLVANIA LAW ALUMNI SOCIETY Penn Law Journal W INTER VOLUME XXXI NuMBER 2 page 34 The Many Faces Legal Heroes: Lewis Hall ofPenn Law and the Construction ofa Usable Legal Past Published by Penn Law: Legal Scholarship Repository, 2014 1 Penn Law Journal, Vol. 31, Iss. 2 [2014], Art. 1 The Penn Law journal is published twice THE UNIVERSITY OF To err is human, to forgive divine. each year by the Law Alumni Society of PENNSYLVANIA LAw ScHOOL Every effort has been made to ensure the University of Pennsylvania Law accuracy in this journal. We offer our School. Inquiries and corrections should Martin W. Shell, Assistant Dean for sincere apologies for any typographical be directed to the Editor, University of Development and Alumni errors or omissions. Please forward Pennsylvania Law School, 3400 Chestnut any corrections to the attention of Street, Philadelphia, PA 19!04-6204. Marjorie Buckmaster, Director of Carol G. Weener, Associate Director Communications of Development, PuBLISHER Elizabeth C. Brown, Director, Law University of Pennsylvania Law School, Carol G. Weener G '86 Annual Giving 3400 Chestnut Street, Philadelphia, Lucille Caniglia, Administrative Assistant Pennsylvania 19!04-6204. EDITOR B. Sally Carroll, Financial Administrator Telephone (215) 898.9438. Susan PerloffCW '65 Reshma Kotecha-Tanna, Administrative Fax (215) 573.2020. Thank You. CoNTRIBUTORS Assistant Michele Cabot '93 Melissa Pierce, Administrative Assistant Hon. Richard B. Klein Mary Ellen Siciliano, Administrative Assistant AssiSTANT EDITORS Jacquelyn R. Villone, Administrative Thomas Trujillo W '98 Assistant PHOTOGRAPHY CREDITS Carol G. Weener, Associate Director of Greg Benson pages 5, 6, 17, 28, 29, 30, Development 32,46,47,49 Tommy Leonardi pages 3, 14 The University ofP ennsylvania values diversity and seeks talented students, foculty and stafff tom diverse backgrounds. The University of Pennsylvania does not discriminate on the basis ofr ace, sex, sexual orientation, religion, color, national origin, age, disability, or status as a Vietnam Era Veteran or disabled veteran in the administration ofe ducational policies, programs or activities: admissions policies; scholarship and Loan awards; athletic, or other University administered programs or employment. Questions or complaints regarding this policy should be directed to Anita jenious, Executive Director, Office ofA ffirmative Action, IIJJ Blockley Hall, Philadelphia, PA I9I04-602I or (2I5) 898.6993 (Voice) or (2I5) 898-7803 (TDD). https://scholarship.law.upenn.edu/plj/vol31/iss2/1 2 et al.: Penn Law Journal: Family Album Contents ALUMNI WEEKEND '96 2 FROM THE DEAN 3 Colin S. Diver SYMPOSIUM 4 DocKET Institute for Law and Economics Rutenberg Lecture 10 THE MANY FACES OF PENN LAW 13 FACULTY EXCERPTS 34 Sarah Barringer Gordon FACULTY NoTEs 41 A Class at the University of Pennsylvania LAw ALUMNI SociETY 46 Law School by Mary Franklin. Collection oft he Honorable MorrisS. Arnold. Photo, courtesy ALUMNI BRIEFS 52 of Law: The Art of Jus rice by Morris L. Cohen. Published by Hugh Later Levin Associates. IN MEMORIAM 60 Published by Penn Law: Legal Scholarship Repository, 2014 3 Penn Law Journal, Vol. 31, Iss. 2 [2014], Art. 1 join your classmates, Meet old friends, Catch up on news and Celebrate your Reunion! Saturday, May I8, I996 Sunday, May I9, I996 9:00- 11:00 am 10:00 am REUNION REGISTRATION BRUNCH • Complimentary Continental Breakfast Sponsored by the Law Alumni Society PENN LAW ALUMNI WEEKEND • Pick up your costumes for the The Law School Courtyard Parade of Classes • Registration packets 11:00 am • Tour the Law School REUNION CELEBRATIONS The Law School, Sansom Street for the Classes of' 31 and '41 FRIDAY, SATURDAY, SUNDAY between 34th and 36th Streets MAY 17, 18, 19 Noon 10:00 am REUNION CELEBRATION ALUMNI/FACULTY EXCHANGE for the Class of '36 The Lawyer as Entrepreneur Moderator: Professor Charles W. Mooney, Jr. Monday, May 20, I996 Panelists: Betsy Z. Cohen '66, 11:45 am William Hangley '66, PaulS. Levy '72, REUNION CELEBRATION Robert I. Toll '66 for the Class of' 46 Room T-I4 5, The Law School Noon - 3:00 pm PICNIC AND PARADE Hotel Reservations Law School Tent in Superblock Plaza Blocks of rooms for Penn alumni • Picnic with your family, classmates, have been reserved by Fran A. Engle bach, and other alumni. cw'62 at Travel Now, Inc. • Our short program includes the Call (215) 988-0848 or (8oo) 220-1963. Law Alumni Society's Annual Meeting and presentation of the Law On-Campus Housing School's Distinguished Service Rooms are available in one of the Award "The Goat." high-rise residence halls. For reservations please call the Summer Conference Housing Office at (215) 898-3547. 1:45pm PARADE OF CLASSES -to the College Green (Join the The University OMNIBUS will be sent Parade, the first ever for Penn Law, and to you under separate cover. It contains a show off our costume and colors.) complete description of activities across the campus during Reunion Weekend '96. Evening A formal invitation will follow for REUNION CELEBRATIONS individual reunion classes. For further for the Classes of'51, '56, '61, '66, '71, information please call Carol Weener '76, '81, '86, and '91. at (215) 898-9438. https://scholarship.law.upenn.edu/plj/vol31/iss2/1 4 et al.: Penn Law Journal: Family Album From the Dean SouL-SEARCHING The themes that dominate the skyrocketing, the competition for the national soul-searching I witnessed last best students has become intense. So has fall will recur in our own academic the competition for the best faculty, for self-inquiry: the challenge of reconciling research funding, for charitable giving, rising expectations with the reality of for student employment opportunities. diminishing resources; the reluctance to Our performance may not be subject to surrender comfort and privilege in the the daily discipline of the stock market, face of implacable economic forces; the but it is subject to very powerful and struggle to preserve community in an increasingly visible proxies, like rankings increasingly heterogeneous society. I and ratings. We must master the arts of spent a good deal of time thinking about marketing, competitive pricing, cus these issues last fall. As we undertake tomer service, and quality control, or the the process of self-inquiry that lies ahead competitive forces sweeping education this spring, we at the Law School will will master us. Dean Colin S. Diver be preoccupied with these same issues. 3· Celebrating diversity within r. Excelling in an age of limited community. Like nations, educational Last month I returned, refreshed and resources. Powerful forces in the general institutions have become highly diverse revitalized, from a semester-long economy and the market for legal places, racially, ethnically, culturally, sabbatical leave. My travels took me to services prevent law schools from look ideologically. At Penn Law School, we three nations, France, Italy, and Israel, ing to tuition increases or enrollment have viewed our diversity as a source of each in its own way immersed in public increases to fund their ambitions. We strength, a means of assuring that the soul-searching. In Israel, the assassina must curtail growth of expenditures, ideas we produce and transmit are tested tion of Prime Minister Rabin has increase efficiency of instruction, in the crucible of debate and relevancy. unleashed an agonized wave of scape research, and administration, and find But diversity can also be a source of goating and self-criticism, while France new revenue sources. We must special weakness, by dividing people into hostile and Italy struggle openly and painfully ize, doing only those things at which we and distrustful camps. We must find with economic pressures and waves can excel. Unless we were to double or ways to harness the energies of all our of immigration that seem to threaten triple in size-to me, an unthinkable faculty, staff, and students in service of their cultural and national self-image. option-we at Penn must accept that the Law School's common goals, while Soul-searching seems to be the we cannot be good at everything. We still liberating the creativity that only a order of the day for all of us, whether on must therefore not try to do-or be diverse community can generate. a personal, organizational, or societal everything. In the months ahead, you will be level. At the University of Pennsylvania, 2. Learning to master competitive hearing much more about this process of we have just embarked on an ambi forces. Like many national economies, soul-searching that we have undertaken. tious strategic planning program under we academics have led lives relatively Many alumni will be asked for their the leadership of President Judith sheltered from competitive forces. No ideas about how the Law School can Rodin. Every school and department longer. With law student debt burdens become even stronger in the years ahead, of the University will engage in a prob and I hope that every one of you will ing search of its own soul, with a view reflect on that question and offer me to maximizing the University's strengths your insights. and eliminating its weaknesses. Published by Penn Law: Legal Scholarship Repository, 2014 5 Penn Law Journal, Vol. 31, Iss. 2 [2014], Art. 1 Symposium ~SITING FACULTY audience. In addition, she is serving her Reicher received a bachelor of second term on the board of the Law and economics from Monash University; by Michele Cabot 93 * Society Association, where she is also a an LL.B. from Monash University, member of the executive committee. Australia; an LL.M. from the University With new areas of the law constantly Fineman graduated from the University of Melbourne; and an LL.M. from emerging and playing a pivotal role, of Chicago Law School and clerked for Harvard University School of Law. He lawyers and law students face enormous Luther M. Swygert of the Seventh has also been a visiting professor at challenges. Penn Law School meets these Circuit Court of Appeals. She has also Rutgers Law School in Camden, challenges by bringing together a taught at the University ofWisconsin University of Florida College of Law, dynamic and highly regarded group of Law School. Loyola Law School in Los Angeles, visiting professors to provide students University of Pittsburgh School ofLaw with insight into some cutting-edge HARRY REICHER, a visiting professor and New York Law School. areas of the law. from Monash University, Melbourne, In addition to teaching, Reicher Australia, taught law of the sea last term maintains an active legal practice in MARTHA ALBERTSON FINEMAN' and currently teaches international law Australia in the tax area and consults a visiting professor from Columbia and the Middle East conflict. Reicher with law firms and corporations in New University School of Law, taught family says Penn Law students "are fortunate in York on matters of international law and law first semester and reaches a seminar having a rich and varied array of subjects international and Australian taxation. on reproductive issues this spring. from which to choose." Recently Reicher was named to the Rather than the traditional family law His course on the recent conflict in board of arbitrators for NASDAQ and as class, however, Fineman's classes focus the Middle East through the perspective the representative to the United Nations on such contemporary issues as the role of the recent peace agreements has been for the Agudath Israel World of the state in defining the marriage rela popular among students. Of law stu Organization, an international Jewish tionship and the secular and contempo dents' increased interest in international Orthodox organization. rary justification for marriage. Fineman law and in his course in particular, is enjoying her experience at Penn, not Reicher says, "Students are increasingly JoNATHAN M. FREDMAN, associate ing in particular "Penn's terrific and aware that what happens on an interna general counsel of the Central impressive group of women faculty, such tional level can't be divorced from the Intelligence Agency, is a visiting lecturer as Susan Sturm, Barbara Woodhouse, domestic level. Students realize that as part of the CIA's officer-in-residence Heidi Hurd, Sarah Gordon, Lani international law really does have an program. He teaches national security Guinier and Regina Austin." impact on daily lives." law during the fall term and foreign Next year, Fineman will be the first Reicher just published the first case intelligence during the spring term. woman to hold the Pritzker book in Australia on international law, Returning to school for the first time Distinguished Visiting Professorship at derived exclusively from Australian since graduating from Columbia Uni Northwestern University School ofLaw. source materials. The book is being used versity School of Law in 1983, Fredman She is the author of numerous books in Australian law schools as the premier has found it to be a big adjustment, and articles on family law, the regulation case book. but also an enormous opportunity. of intimacy and feminism. Fineman is He says, "At the CIA you are work currently working on two books focus ing under constant pressure. You are ing on feminist legal theory, one for a acting as a counselor in the full sense of popular audience and one for a scholarly the word, but you don't have an oppor- https://scholarship.law.upenn.edu/plj/vol31/iss2/1 6 et al.: Penn Law Journal: Family Album tunity to think about the larger issues, the ramifications for choices, or to understand what you are doing and why. Penn has given me a tremendous opportunity to reflect." Fred man graduated magna cum laude from Princeton University and as a Harlan Fiske Stone Scholar from Columbia Law School. He clerked for U.S. District Judge Charles M. Metzner of the Southern District of New York. Fredman practiced tax law at Paul, Weiss, Rifkind, Wharton & Garrison, New York. In 1987 he joined the CIA, where he has served as special assistant to the director of central intelligence, special assistant for resource manage ment with the CIA comptroller and At the Overseers dinner, Acting Dean Stephen Burbank, Provost Stanley Chodorow, Sylvia Blume assistant general counsel for several CIA and Fred Blume '66. operational components. He is currently writing an article on the legal regulation of covert action since the 1970's. LAW LARRY ALEXANDER, a visiting profes ScHOOL EvENTS sor from the University of San Diego, taught criminal law and advanced con Board ofO verseers stitutional law during the fall term. A member of Phi Beta Kappa and Order The Law School's Board of Overseers of the Coif, he received his bachelor's met in Philadelphia October 17 and 18. degree from Williams College and his The meeting began with a dinner hosted law degree from Yale University. by Overseer Lawrence J. Fox '68 at his Alexander says he has enjoyed his experi Center City home. Overseers and their ence at Penn, though he has found the spouses were joined by University separation from his family on the West Provost, Stanley Chodorow; Secretary Coast difficult. and Vice President of the University, Alexander co-edits the journal Legal Barbara Stevens; Stephen B. Burbank, Theory and is on the editorial boards of Acting Dean; Arthur W. Lefco '71, Ethics and Law and Philosophy. He has president of the Law Alumni Society; published tvvo books and over 8o schol and Geoffrey C. Hazard, Jr., Trustee arly articles. Currently Alexander is writ Professor of Law. ing articles on criminal law theory and The Board met the next day to legal reasoning. discuss the school's admissions policies and hear a presentation by the clinical * Michele Cabot received a}. D . .from faculty. Hosts Larry Fox '68 and Susan King at the Penn Law School in I993 and graduated October IJ Overseers Dinner. cum laude .from Lehigh University. She currently is an associate in the corporate Gruss Lectures in Talmudic Law department at Wolf, Block, Schorr and So/is-Cohen, Philadelphia. The Caroline Zelaznik Gruss and Joseph S. Gruss Lectureship in Talmudic Civil Law,JusncE MENACHOM ELON, Gruss Visiting Professor, presented two lectures in November, which he dedi cated to the memory of the slain Prime Minister of Israel, Yitzak Rabin. 415 Published by Penn Law: Legal Scholarship Repository, 2014 PENN LAw JouRNAL 7 Penn Law Journal, Vol. 31, Iss. 2 [2014], Art. 1 The first lecture was entitled "Human Dignity and Personal Freedom -Jewish and Democratic Values: Israel's New Civil Rights Law" and the second, "Human Dignity and the Sanctity of Life- The Israeli Supreme Court and the Problem of Euthanasia: The Shefer Case." Last fall Justice Elan taught a seminar in Talmudic legal studies. The Gruss Professorship was established in 1987 through a bequest from the estate of Caroline Z. Gruss. The Gruss gift has enhanced the Law School's curriculum and the University's Jewish studies program. New York Area Overseers' Reception The New York City area Law Overseers, led by chair, CHARLES David Berger ]6 and Stephen B. Burbank, David Berger Proftssor for the Administration ofj ustice and Acting Dean, at the Annual Giving Kick-off at the Pyramid Club on September 20, 1995. A. HE1MBOLD, JR. '6o, thanked alumni donors in New York for their generosity and support in October at the Penn Club. STEPHEN B. BuRBANK, David Berger Professor for the Administration of]ustice and Acting Dean, joined Heimbold in thanking alumni for their commitment to Penn Law School. In his remarks, Professor Burbank noted that Penn Law's faculty is participating in confer ences and meetings around the world, making the school's outreach truly international in scope P AuL A. WoLKIN R EMEMBERED PAUL A. WoLKIN '41, considered by many people to be the leading figure worldwide in continuing legal educa George Shotzbarger '-;8 and Anthony Boswell 9r at the Annual Giving Kick-off tion, died November 9 of a malignant brain tumor. Wolkin was the executive vice president of the American Law Institute (ALI) from 1977 ro his retire ment in 1992 and executive directOr of a joint committee of the American Law Institute and the American Bar Association, known as the Committee on Continuing Professional Education (ALI-ABA), from 1963 ro 1992. On his https://scholarship.law.upenn.edu/plj/vol31/iss2/1 8 et al.: Penn Law Journal: Family Album retiremenr he was named emeritus cENTER ON executive vice presidenr of ALI and he pROFESS ION ALI SM was elected to its Council. Born in Philadelphia in 1917, Paul The University of Pennsylvania Law Wolkin received three degrees from the School Center on Professionalism has University of Pennsylvania: a B.A. in been active in developing new courses 1937, an M.A. in 1938 in psychology and and CLE programs relating to profes a J.D. in 1941. He subsequently served sional responsibility. The Center has as law clerk to the Honorable Herbert F. recently added several new continuing Goodrich, U.S. Court of Appeals for legal education courses to its roster. the Third Circuit. These programs are currently offered as In 1944 Wolkin became a staff public programs and in-house programs, attorney with the Foreign Economic in Philadelphia, Washington, DC, New Administration and in 1945 he was Jersey, New York and internationally. named associate general counsel of the Through alliances with other CLE orga French Supply Council, an agency nizations, Center courses are presented procuring materials to aid in the post in many states, including California, war transition and recovery ofF ranee. In Texas, Florida and North Carolina. 1946-47 he served as assistanr legal advis PauL WoLkin 4r The Lawyer's Internet demonstrates er to the Departmenr of State. that the information superhighway is Wolkin joined the staff of ALI in filled with possibilities and potential 1947 at the invitation of its then-direc problems for lawyers who utilize cyber tor, Judge Herbert F. Goodrich. He also space. It introduces lawyers to the practiced law, having founded the firm NEW GRADING SYSTEM Internet and highlights ethical dilemmas ofWolkin, Sarner & Cooper in 1951, its use may cause. Lawyers will learn where he remained a partner for 15 years. After almost a year of discussion among how to connect to the Internet and uti For three years he served as legislative faculty, students, administrators and lize legal resources on it, including the draftsman for the Philadelphia Charter alumni, the Law School has adopted a World Wide Web for lawyers. The Commission. new grading system, with courses now course features discussions of e-mail and Over his half-cenrury career, graded on a scale of A+, A, B+, B, B-, client confidentiality, the Internet and Wolkin received honors from virtually C and F. the First Amendment, privacy and pub every section of his profession, including The change responded to long licity issues, and intellectual properry the American Judicature Society, the standing faculty concerns that the old issues. Stephen T. Maher, Esq., a former University of Pennsylvania Law School system's large bottom grade-category law firm training director and former and the National Association of (Qualified) did not accurately or fairly Associate Professor of Law, University Conrinuing Legal Education convey the quality of performance of of Miami School of Law, developed the Administrators. In 1993 ALI-ABA pre students near the middle of the class, program with the Cenrer and will be senred him with its highest honor, the who were doing good work but not see teaching it on behalf of the Center dur Francis Rawle Award. ing that reflected in their grades. ing 1996. Wolkin's most recenr honor, In addition, although Penn Law has Professor Howard Lesnick's new marked by a ceremony held at ALI one of the strongest placement records CLE course is Seeking the Spiritual October 6, was the naming and dedica in the country, there has recently been a Ground oft he Lawyer's Work. A four tion of the Paul A. Wolkin Conference sense that the old adjectival scale, with a part seminar for experienced lawyers, Center. At the ceremony, Wolkin was large grade-category that employers the course examines the tension between cited for his integrity, creativity and often misinterpreted, was increasingly a the aspirations that may have drawn energy. Geoffrey C. Hazard, Jr., director competitive disadvantage. Throughout individuals to law as a career and the of ALI and Trustee Professor of Law at this process, there was attention to the day-to-day reality of practice in a rapidly Penn Law School, described him as "an role our grading system plays in Penn's changing legal environmenr. Its objec intellectual professional, rather than a relatively relaxed, cooperative atmos tive is to give participants an oppor mere administrator." phere. Faculty, administrators and stu tunity to explore the ways in which their dents alike believe that the new scale will not change that atmosphere. - Office oft he Assistant Dean for Student Affairs Published by Penn Law: Legal Scholarship Repository, 2014 9 Penn Law Journal, Vol. 31, Iss. 2 [2014], Art. 1 THE spiritual heritage can aid them to EQUAL JusTICE legal needs of people who cannot afford revitalize their relationship to work and to pay. As demand for these critical ser FouNDATION the law. The course will be offered in vices increases, budgets are being cut. various settings for small groups of The Equal Justice Foundation, a The Equal Justice Foundation attorneys. It provides nine hours of CLE student organization at the University awards summer grants to support work credit when offered as a public program. of Pennsylvania Law School, encourages at non-profit organizations, work that It is also available as an in-house program. law students to pursue their aspirations provides students with valuable legal Another new program is Issues of serving low-income clients. experience and the organizations with in Confidentiality which is a program Justice isn't free. Throughout our much-needed assistance. The student taught by three of the Center's city, and our country, low-income members of the Equal Justice instructors, Professor Howard Lesnick, people have serious legal needs that go Foundation raise the grant funds with The Honorable Edmund B. Spaeth, Jr., unmet because they cannot afford the support of the Law School and and Janet Perry, Program Director of lawyers. Every law school has students Philadelphia business communities. As the Center. who would like to provide legal services this support continues to grow, law Two courses for lawyers stemming to low-income people, but paid positions students will have the opportunity to from the Center's work in developing are scarce. Every city has non-profit provide a vi tal service to a segment a judicial ethics course using film organizations struggling to meet the of our community very much in need. and literature have also been added to the CLE courses offered to practicing lawyers. Ethics ofa judicial Decision: Mercy and justice, and Ethics ofa judicial Decision: Personal Conscience are pre sented by The Honorable Edmund B. Spaeth, Jr., and Peggy B. Wachs '86, PL EAS E JOIN Associate Director of the Center. The Center has also developed and T HE P ENN LAW C()Ml\~ UNITY offers several courses for international lawyers. In the past year, Professor AT THE Geoffrey C. Hazard, Jr., Professor Curtis E(QUA L J UST I CE FOU l)A T I 0 R. Reitz, The Honorable Edmund B. Spaeth, Jr. and Murray S. Levin, Esq. STU])ENT / ALUM AUCTifD have taught Center courses in London, Paris, Washington, D.C. and New York for international lawyers. \VH E lR lE For information about available University of Pennsylvania Law School programs or the calendar of scheduled Sansom Street between 34th and 36th Streets programs please contact the Center on Professionalism, (215) 898.9812 or WHE l~ FAX (215) 573.2056. Thursday, February 22, 1996 TIM lE 6:30p.m. Cocktail Reception and Silent Auction 7:30 p.m. Live Auction TICK lETS $20 per person R.S.V.P. by February 8, 1996 https://scholarship.law.upenn.edu/plj/vol31/iss2/1 10
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