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THE
Duquesne Lawyer
S p r i n g 2 0 2 1 • Th e D u q u e s n e U n ive r s i t y S ch o o l o f L aw M a g a z i n e f o r A l u m n i a n d Fr i e n d s
Rule OF Law
THIS Legacy of Diversity II Law School News Young Alumni Profile
ISSUE
Spring 2021 1
DEAN’S
MESSAGE
Dear Friends,
I t is difficult to believe we are now
more than one year into the COVID-19
global pandemic. Since the publication
ongoing Race, Poverty and Democracy
series. This series has brought our
Duquesne Law community together to
of our Fall Duquesne Lawyer magazine, talk out these tough issues in a respectful,
we have witnessed tremendous change dignified manner. I am so proud of our
on a national level with a highly students, faculty and staff for continuing
contentious presidential election and these important discussions, which you
the unprecedented attack on the United can read more about in Professor Richard
States Capitol in January. One of the Heppner’s article on page 8.
lessons we have learned during these Our bar preparation program
fraught times is the importance of civil continues to exceed expectations,
discourse and the role attorneys play in with our graduates outperforming
that exchange. other schools in terms of bar passage
Now, more than ever, we must metrics. In fact, I am pleased to report
redouble our efforts to restore faith in that Duquesne Law was ranked sixth
our government and the rule of law. To in the nation in the winter 2021 edition
that end, I joined with more than 160 of PreLaw Magazine over a five-year
other law deans from across the nation period (see page 6). This is in no small
to address the election and events of part due to the efforts of our alumni who
Jan. 6 (opposite page). This marked a
rare occasion where such a large group
dedicate time every year to make sure
our students succeed on the bar exam. I
This issue is
am grateful for the determination and
of deans came together as one voice to
denounce the violence. creativity of professors Ashley London dedicated to the
Additionally, this issue is dedicated to and Richard Gaffney, who have assumed
the rule of law and includes numerous new and exciting roles in the program. rule of law and
articles written by our talented and I am also happy to report that because
amazing faculty, whose expertise is of the generosity of you, our wonderful includes numerous
nationally renowned. Beginning on alumni and friends, we have established
page 14, Professor Wilson Huhn defines a number of funds to support our articles written
the rule of law. Duquesne University students and had our most successful
President Ken Gormley discusses Day of Giving ever (see page 11). This by our talented
the issues surrounding the second is extraordinary, especially given the
impeachment of former President difficulties many of you faced during and amazing
Donald Trump, while professors Jalila the pandemic. Your generous spirit and
Jefferson-Bullock, Joseph Sabino Mistick support of our Law School have been faculty, whose
and Thomas Corbett explain how a instrumental in our ability to navigate
misunderstanding of election law led to the past year together and set a course for expertise in these
unfounded claims of fraud. Additional greatness for years to come. Duquesne
articles by Professor Jane Moriarty Law alumni are the best, and I am so
blessed to be your dean!
areas is nationally
on lawyers’ conduct, Professor Bruce
Ledewitz on the Second Amendment,
Dr. Kristin Coopie on the first 100 days Be Well and God Bless!
renowned.
of the Biden presidency, and Professor
Seth Oranburg on the implications of
technology and social media round out
this discourse.
The conversations about diversity and
inclusion continue within the walls of April Mara Barton
our Law School (and virtually) with our Dean and Professor of Law
2 Duquesne Lawyer
Law Deans Joint Statement on the 2020
Election and Events at the Capitol
On Jan. 12, Dean April Barton joined over 160 law deans in the below statement.
The statement marked a rare occasion, as it is unusual for such a large group of law
deans to come together to speak as one on an issue. It was important, though, to
discuss those who betrayed our profession and the profound ethical implications
of that betrayal on legal education.
We are deans of a diverse range of law schools across the country. As law deans,
We do not use our positions to advance our individual views. But
we do have an obligation to support the rule of law and preserve our mission is
the integrity of the legal profession. On rare occasions, despite our
differing situations and views, that obligation requires us to speak as to train the next
one to defend the fundamental commitments of our profession. This
is such a moment. generation of
The violent attack on the Capitol was an assault on our democracy
and the rule of law. The effort to disrupt the certification of a free leaders to uphold
and fair election was a betrayal of the core values that undergird
our Constitution. Lives were lost, the seat of our democracy was the core values
desecrated, and our country was shamed.
Many lawyers and judges worked honestly and in good faith, often of our profession
in the face of considerable political pressure, to ensure the 2020
election was free and fair. However, we recognize with dismay and and sustain the
sorrow that some lawyers challenged the outcome of the election
with claims that they did not support with facts or evidence. This rule of law.
betrayed the values of our profession. Our profession demands that
when lawyers pursue legal action, they must bring claims in good
This should be
faith, grounded in facts and evidence, and demonstrate respect for
the legal system. Only then can lawyers fulfill their responsibilities as
a moment of
lawyers and public citizens to promote public confidence in the rule
of law and the justice system—duties that extend to all professional
reflection for legal
activities, whether lawyers are representing a client or not. The educators and
rule of law is as much a touchstone of our profession as it is of our
Constitution. members of the
As law deans, our mission is to train the next generation of leaders
to uphold the core values of our profession and sustain the rule of legal profession.
law. This should be a moment of reflection for legal educators and
members of the legal profession. A sustained effort will be necessary
to repair and preserve our precious democratic institutions. As legal
educators and lawyers ourselves, we must redouble our efforts to
restore faith in the rule of law and the ideals of the legal profession.
We have enormous faith in the law’s enduring values and in our
students, who will soon lead this profession. We call upon all
members of the legal profession to join us in the vital work ahead.
Spring 2021 3
6 10 - LAW SCHOOL NEWS:
Bar, Kline Center
12 RULE OF LAW
28 A RICH LEGACY
OF DIVERSITY II
4 Duquesne Lawyer
THE
Duquesne Lawyer
is published semi-annually by
Duquesne University School of Law
DEAN
April M. Barton
EDITOR-IN-CHIEF AND DIRECTOR OF
LAW ALUMNI RELATIONS AND DEVELOPMENT
Jeanine L. DeBor
CONTRIBUTORS
Beth Bauer
Kristen Coopie
Jeanine DeBor
Amanda Drumm
Aman Gebru
Richard Heppner
Wilson Huhn
Erin Karsman
Bruce Ledewitz
Devyn Lisi
Madison Miranda
Veronica Miclot
Jane Moriarty
Seth Oranburg
Valerie Rodell
Taylor Staub
Dominique Wiggins
DESIGN
Duquesne University Division of Marketing
and Communications
CONTACT US
duq.edu/law | lawalumni@duq.edu
412.396.5215
© 2021 by the Duquesne University School of Law
Reproduction in whole or in part, without permission of the
publisher, is prohibited.
11 Development Update/By the Numbers 35 Faculty Highlights
31 Young Alumni Profile 38 Juris
32 Class Actions/In Memoriam 40 Students Briefs
Spring 2021 5
DU LAW
NEWS
Duquesne Law Grads Place Sixth,
Outperform Peers in Bar-Passage Metrics
T
he School of Law was recently recognized among London Named Director of Bar Services;
the top law schools in the country whose graduates
Gaffney Tapped for Director of
outperform peer schools in terms of bar-passage metrics.
Bar-passage rates are “the single best outcome measure … Advanced Analytics
in assessing whether a law school is maintaining a ‘rigorous Ashley M. London, assistant professor
program of legal education’,” according to the American Bar of legal skills, has been named the director
Association. of bar services at Duquesne Law. She was
Duquesne was placed sixth among 187 law schools assessed formerly assistant director of the Duquesne
over a five-year period (2015-2019) based on a recent study bar studies program. London has been in
conducted by Jeffry S. Kinsler, founding dean of Belmont legal education and bar studies specifically
University College of Law in Nashville, Tenn. for almost nine years, with her entire career in legal
“Our alumni, faculty-scholars, staff and students all engage education being focused on the legal pedagogy behind bar
in a coordinated and systematic effort to deliver on our promise pass success and how students learn.
to produce prepared and professionally confident lawyers who “Helping our students and graduates achieve their
will go on to become ethical leaders in our justice system,” said professional goals is one of the most important aspects of
Law Dean April Barton. “This public recognition of our hard this job, and one that gives me great joy,” said London. “It
work is appreciated, but we know these results are emblematic is an honor to play a role, big or small, in their individual
of our commitment to fulfill our mission of serving God by success stories.”
serving our students.” In addition to teaching Professional Responsibility and
Kinsler’s study was featured in both the winter 2021 edition Introduction to Legal Education, London will continue to
of Pre-Law Magazine and the TaxProfBlog. “This study teach bar readiness skills courses. Her scholarship focuses
contains five years’ worth of data, so we know the numbers do on the intersection of legal ethics and technology, as well as
hold up,” said Kinsler to Pre-Law Magazine. developments in the bar examination. London focuses on
The Law School is known for its commitment to providing using the best techniques to prepare students for success
students comprehensive preparation for the bar examination, in law school and on the bar examination.
and graduates regularly achieve an overall pass rate that “The bar examination landscape is changing as a result
exceeds Pennsylvania’s overall pass rate. of the COVID-19 pandemic, and our commitment is to stay
on top of these new developments while continuing to
“Supporting and promoting student deliver strong outcomes,” she said.
and graduate success stories is at the heart London succeeds Richard Gaffney Jr.,
of our mission as a Spiritan law school,” assistant professor of legal skills, who
said Professor Ashley London, director of bar studies at created and held the position for 14 years.
Duquesne. “We are privileged to work side-by-side with Gaffney has assumed the role of director
our students on their individual journeys from becoming of advanced analytics, a new position that
law students to licensed practitioners. We are proud to serve will leverage the tools used to successfully
graduates successfully sitting for the bar examination in every improve Duquesne’s bar exam success to affect other
jurisdiction from Maryland to California.” outcomes.
Others law schools identified by Kinsler among the top 15 “We plan to expand upon the data analytics that we
include Florida International University, Texas A&M, Georgia currently use to achieve measurable results in bar exam
State, Texas Tech and the University of South Carolina. performance and apply those analytics to improve our other
Students attending the School of Law may take advantage internal processes and increase our external ranking,” said
of academic excellence programs as early as their first year in Gaffney. “As well, we will be exploring new ways to analyze,
addition to the programming offered by its nationally ranked interpret and optimize data for strategic gains. Advanced
legal writing program. These early courses are followed by analytics will help us to make smart strategic business
practical hands-on experiences learning lawyering through the decisions and provide us an edge against our competition.”
school’s robust clinical courses, and the Law School experience Gaffney, who created and teaches upper-level courses
is capped by comprehensive bar preparation courses in the that prepare students to pass the bar examination, also
third and fourth years of study of full-time evening program. teaches Basic Federal Income Taxation, Remedies at Law &
in Equity, and UCC Article II Sales and Leased Goods.
6 Duquesne Lawyer
News from the Tribone Center
for Clinical Education
Wills and Healthcare Decisions Clinic
Under the supervision of Assistant
Professor Grace Orsatti, this clinic
focused on assisting low-income
clients with wills, living wills,
advance directives, memoranda
regarding conduct of funeral and
burial or cremation, and durable
JAMES BENEDEK power of attorney matters. The
Students l-r, Matthew Minard, Giulia Straub and Stephon Burton
CLINIC STUDENT clinic was able to serve 16 clients meeting with a client at the clinic.
at the Tribone Center, working
SPOTLIGHT remotely with attorneys from Dentons Cohen Grigsby and PNC Corporate Legal during
James Benedek, student manager for Pro Bono Week, Oct. 26-30.
the Wills and Healthcare Decisions
Clinic, has worked diligently to Private Sector Externship Program
serve pro bono clients seeking The 2020-2021 academic year saw the successful launch of the Duquesne University
estate planning services. During the School of Law Private Sector Externship Program. Through the program, student
2020-2021 school year, Benedek, a externs partner with leading law firms and practitioners to help deliver the quality
self-starter and hard worker, created legal services that employers continue to demand. The externship model combines
explanatory videos for future Wills supervision by the mentor-attorney, with guidance and support from Law School
Clinic students to help navigate faculty, to allow students to experience legal practice in action across diverse areas of
the law. The program allows student immersion in subject-specific areas such as health
client service and ensure that all
law, corporate law, employment law, family law and criminal defense, while allowing
client documents are appropriately
development of critical transferable legal skills, equipping students for their future as
collected and maintained. He has
practice-ready practitioners.
developed spreadsheet programs
If you are interested in participating in this program, please contact Assistant
to simplify and streamline the
Professor Grace Orsatti (orsattig@duq.edu).
client intake process. Benedek has
brought enthusiasm, dedication and
innovation to his position as the Wills
Youth Advocacy Clinic
The Youth Advocacy Clinic (YAC) provides a unique opportunity for students to
Clinic student manager, helping to represent children in both delinquency and education matters. This academic year, the
develop new ways to help the clinic clinic assisted 16 students who interviewed, advised and represented clients from the
serve clients seeking to prepare an inception of their cases. In response to the ongoing concerns for remote learning, the
estate plan. As a prior student in the YAC also launched a tutoring program for students. The clinic secured funding from the
Wills Clinic, Benedek and his student FISA Foundation that will help, in part, to purchase school supplies and provide them
partner, Andrew Bird, assisted in to learning hubs around Allegheny County.
preparing estate plans for clients The YAC operates as a holistic representation model, with the overall goal of the
experiencing medical crises and representation being to meet as many of the clients’ needs as possible, not solely the
clients seeking to leave property single legal issue that brings them to the clinic. The clinic, under the supervision of
to children and grandchildren. His Assistant Professor Tiffany Sizemore, features an ongoing partnership with masters-
commitment to the law school motto, level social work students from the University of Pittsburgh and doctorate-level
Salus Populi Supreme Lex, is reflected school psychology students from Duquesne’s School of Education. Students from all
in his service to income-qualified disciplines worked in interdisciplinary teams on most cases in order to implement the
clients through the clinic. holistic model. In November, YAC received a two-year $150,000 grant from the Heinz
Endowments to support the clinic.
Spring 2021 7
DU LAW NEWS Race, Poverty and Democracy Series Last year—as the country conducted a contentious election and confronted its history of racial discrimination and white supremacy—the Law School faculty, staff and administration wanted to gather the greater Duquesne Law School community (despite the pandemic) to discuss the unique historical moment that was 2020. At the suggestion of Dean April Barton, we planned a series of virtual events, including lectures, roundtables and continuing legal education programs, where professors could share their insights and scholarly perspectives about how concerns about race, poverty and democracy intersect and inform United States legal history and doctrine. In the fall and spring semesters, we held multiple events. Some were internal events for current Duquesne students, faculty and staff. Many were also CLE presentations for Duquesne Law alumni and other members of the legal community. Each one was hosted by Professor Richard Heppner identified new issues of evidence and proof likely to arise in and facilitated by Samantha Coyne, CLE manager. During any prosecutions or lawsuits stemming from an attack that was each one, a professor or panel of professors presented their planned, broadcast and recorded through new technology and insights about a relevant topic before opening up to a broader media. After the roundtable, students, staff and faculty engaged discussion. in a wide-ranging and lively discussion of the various issues. In September, the series began with Professor Wilson Huhn’s The series continued in February and March. Huhn hosted a “Historical Overview of Race and Voting in the United States,” discussion on “The Civil Rights Movement and the Constitution,” a CLE program reviewing the laws and court decisions used describing the influence and legacy of the Civil Rights to suppress and dilute the votes of racial minorities from the movement on our—and the Supreme Court’s—understanding 19th century, through Jim Crow, and into the present-day. In of constitutional values. Professor Wesley Oliver’s CLE on October, Professor Jalila Jefferson-Bullock’s CLE presentation “Prohibition’s Surprising Role in the Regulation of Modern “Discrimination and Voting Rights in America” detailed current Police” explained how the history of Prohibition accounts for threats to equal ballot access, including voter ID laws, the the development of a robust Fourth Amendment search-and- Supreme Court’s Shelby County v. Holder decision weakening seizure doctrine, while also allowing the legal system to de- the Voting Rights Act and recent legislation to disenfranchise emphasize related issues that have come to the forefront more minority voters in the midst of the pandemic. In November, recently, like the proper legal limits on the use of force by police Professor Rona Kaufman shared a CLE on “Hate in America: officers. Professor Ann Schiavone’s CLE “Police Dogs: Problems Anti-Semitism, Misogyny and Racism,” which traced the of Violence and Racism” followed suit, discussing the dilemma connections between different forms of hate—anti-Semitism, of using police dogs in the apprehension of criminal suspects, racism and misogyny—exploring their causes and some particularly focusing on the issues surrounding use of force and potential solutions through the lenses of intersectionality, racial bias. The final CLE in this series, “Human Trafficking in history, law and populism. Your Neighborhood,” co-presented with The Villanova Law In 2021, the series resumed with a special faculty roundtable Institute to Address Commercial Sexual Exploitation, explored prompted by the Jan. 6 attack on the Capitol. Heppner hosted federal and state trafficking law, along with the vital importance four other professors, each addressing a different legal issue of trauma informed lawyering’s role in representing trafficking raised by the riotous attempt to halt the counting of the victims. Electoral College votes: Professor Seth Oranburg traced the The events succeeded in bringing together the whole Law influences of new forms of media and communications and School community—faculty and staff, current students and how they challenge our understanding of free speech in the alumni. In a year when it was particularly difficult to meet marketplace of ideas; Huhn followed up with a discussion and discuss important issues, they exemplified the best of the of how to draw the First-Amendment line between political Duquesne Law School values of engaged advocacy and civil advocacy and incitement to violence; Professor Bruce Ledewitz discussion. Many of the CLEs were recorded and will soon be explored the implications of an armed uprising on a broad available for viewing (for CLE credit) online. And discussions have reading of the Second Amendment; and Professor Jane Moriarty already begun about following up with another series next year. 8 Duquesne Lawyer
—Faculty Roundtable—
The Legal Implications of the
Attack on the Capitol Veronica Miclot, 3D
Duquesne University School of Law social media in criminal trials were the questions a prevalent theme seemed
hosted a faculty roundtable discussion subjects of conversation during the to emerge—the theme of truth. When
regarding the legal ramifications of hour. Each topic discussed highlighted asked how to unify our nation during
the unprecedented attack on the specific questions for consideration, these divided times, each panelist
United States Capitol on Jan. 6. The such as whether Trump’s remarks stressed the importance of true speech.
roundtable, conducted over Zoom, had regarding the attack could be Technology and social media platforms
more than 80 attendees eager to hear constitutionally protected under have given society more opportunities
the thoughts and ideas on this event the First Amendment and whether for speech. Therefore, we need to
from five Duquesne University School ensure that it is truthful speech,
of Law faculty members: Professor whether positive or negative, that is
Jane Moriarty, Professor Richard The insurrection on the the source of a robust and uninhibited
Heppner, Professor Seth Oranburg, Capitol was due to the public debate. Thus, should social
Professor Wilson Huhn and Professor media platforms be liable as publishers
Bruce Ledewitz. Heppner began the
overwhelming theories like The New York Times or CBS?
presentation with a summary of the that the 2020 election Moriarty emphasized that achieving
2020 election. He explained that the was “stolen.” more truthful speech in our society
insurrection on the Capitol was due may be resolved by tort law or even
to the overwhelming theories that the the rules of professional responsibility
2020 election was “stolen,” along with the armed rioters at the Capitol when lawyers are involved.
President Trump’s encouragement for will be protected under the Second The roundtable concluded with
his supporters to prevent the counting Amendment, according to the Supreme final remarks, where each panelist
of electoral votes. Court Case District of Columbia et echoed their hopefulness for the future.
There is no legal precedence to resolve al. v. Heller. Additionally, questions Ledewitz concluded with a quote from
the issues raised by this event, so each regarding social media regulation and Martin Heidegger: “Where the danger
panelist was asked to discuss an issue using a person’s own social media grows there grows the possibility of
regarding the event. Issues regarding account against them at trial were rescue.”
the First and Second Amendments, examined.
the role of social media, and the use of While exploring these diverse
Spring 2021 9
YEARS OF THE 19TH AMENDMENT
NOVEMBER 20, 2020 FROM 12-1PM VIA ZOOM
DUQUESNE UNIVERSITY’S ELECTION LAW SOCIETY PRESENTS
DISCUSSION PANEL FEATURING:
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UPDATES
Taylor Staub, 3D
Erin Karsman, Director
Working with the Administrative Office
of Pennsylvania Court Judicial Education
Department, the Thomas R. Kline Center for
Judicial Education of the Duquesne University
sey Williams,Lindsey Williams,
Marita Garrett, Jalila Jefferson-
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Email Taylor Staub, staubt@duq.edu for the Zoom link.
Williams, L’08; Mayor Marita Garrett of Wilkinsburg; Washington into the courtroom. This CJE featured nationally
County Commissioner Diana Irey Vaughan; Westmoreland known speakers offering their expertise in emoji
County Commissioner Gina Cerilli, L’15; Dr. Terrie Griffin, Co- from Santa Clara, Ca.; Toronto, Canada; and
President of PA League of Women Voters; and Allegheny County Pittsburgh, Pa.
Magisterial District Court Judge Michele Santicola. The Kline Center also had a hand in helping the
The women on the panel marked the historical anniversary Pennsylvania Minor Judiciary Education Board
of the 19th Amendment by sharing their experiences as women gain access to a virtual learning management
in law and government, the good, the bad and the ugly. While system needed to host trainings.
many of the panelists remarked on how far we have come in The Kline Center is presently working on a
the past 100 years, they also shared stories of sexism they have robust schedule of CJEs for presentation in 2021.
encountered in their professional lives, which indicate how The first virtual CJE in collaboration with the
much work is still left to be done. Despite this, the panelists AOPC was planned for April with other programs
served as amazing examples of perseverance and progress to the in development. The Kline Center is also hoping
many law students who were in attendance, giving us all hope to move forward with planned improvements to
that we will continue to progress towards a vision of true gender the physical location of the center once campus
equality, both in the legal profession and as a society. life returns to normal.
10 Duquesne LawyerDEVELOPMENT
UPDATE
New Alumni Funds Support Students
Duquesne Law alumni continue to generously give back to their alma mater through the creation of a
number of new funds this year that provide tuition and other educational support for our students.
Giving back and passing it on are the reasons John J. Hovan, L’70, established a scholarship to support 1L students from Scranton
University. Hovan, a native of Scranton, is grateful for the education and opportunity afforded him by Duquesne Law.
“Duquesne School of Law bet on me in 1967 when others had their doubts,” Hovan said. “I have practiced law for over 50 years
and know that it would not have been possible without Duquesne’s confidence in me. I am attempting to repay this through this
scholarship. My intent is to give Scranton University students an assist so they can pass it on to future generations.”
For Jim and Molly Creenan, L’96, gratitude is at the heart
of establishing a student resource fund to mark their 25th
93.16%
96.72% 9
Duquesne Law graduation anniversary. Ultimate Bar“We are grateful for the
opportunities that Duquesne Pass
professionally
Ultimate
Law School
Pass Rate
RateBarhas provided to us both
and personally,” Jim said. Their named resource
#
#
87.88%
Class of 2017
Class of 2017
fund assists students from theFirst-time places they came from–Erie Bar Exam County,
First-time
Pass Rate Bar Exam
Preparation
N.Y., and Westmoreland County, Pa.
Passin state)
Rate Added Molly, “We
Preparation are
BY
BY THETHE NUMBERS (fourth
and JimNUMBERS thankful for the chance
July 2019 to give back to a place that National
has givenJurist, 2017 us so
Pennsylvania Bar Exam, (fourth in state) Jurist, 2017
Molly Creenan, L’96. Pennsylvania Bar Exam, July 2019 National
much.”
ENTERING CLASS OF 2019 RANKINGS
ENTERING CLASS OF 2019 RANKINGS
The spirit LSATof “paying it forward” challenged
LSAT
GPA
GPA
Vince Quatrini,
A– Family Law
A– Family Law
preLaw Magazine 2019
155
L’74, and 152
his sons,150
Michael, 3.69
L’07
3.69
and 3.40
Adam,
3.40 3.17
L’14, to establish
3.17
preLaw Magazine 2019
a155
resource152 fund to 150
assist students 75th in need.
Median “Duquesne
14
75th Median 25th 25th
Legal Writing Program
14 Legal Writing Program
75th
Percentile Median 25th
Percentile 75th
Percentile Median 25th
Percentile
Law School provided
Percentile the educational
Percentile Percentile foundation for two
Percentile U.S. News & World Report
U.S. NewsBest
America’s & World ReportSchools 2020
Graduate
802
generations
Total802
of Quatrinis to embark on very rewarding legal America’s Best Graduate Schools 2020
Ken Horoho and Mike
careers,”Applicants
said Vince. “Our family is proud to create the
Total Applicants A–
A–
Criminal Law
Criminal Law
preLaw Magazine 2019
preLaw Magazine 2019 Nestor were instrumental in
Quatrini Family Resource 51%48% Fund and pay it forward!”
Women Vince Quatrini, L’74, and his sons,
establishing a resource fund in
48%
40
Women
L’07Part-Time
and Adam,Programs
51%
49%Women
Men
Michael, L’14.
40 Part-Time Programs
Women
20%
49% Men U.S. News & World Report
memory of their 1980 classmate,
153 20%
U.S. NewsBest
America’s & World ReportSchools 2020
Graduate
153 America’s Best Graduate Schools 2020
Cindy Dietrick Lowery. The
A–
Class Size Diverse Students
We
Classare
Size grateful to these and all of our alumni who are committed to supporting our Law
Top Small students
A– Employment
Diverse Students
Top Small Law Cindy Dietrick Lowery Resource
through scholarship and resource funds. Please contact Jeanine L. DeBor,preLaw director
Employment of law alumni
Magazine 2019
20-57relations
42+and development,
Different 46.4% More to learn how
23 States and you
80 can
preLaw Magazine 2019
help advance Duquesne Law through a named
Undergraduate Fund provides support for non-
Age20-57
Range 42+Majors
Different
fund (deborj@duq.edu).
Age Range Majors
46.4%1 Year
than More
than 1 Year
Post-Graduate
23Countries
States and
Countries
Represented
80 Institutions
Undergraduate
Institutions
Represented
Post-Graduate
Employment Law
Employment
preLaw Magazine 2018 Law
Represented Represented
A
A tuition educational expenses
Statistics as of August
service. LSAT
Statistics as of
Aug. 26,26,
and GPA
Aug.
August
2019,
2019,
26,
thethe
2019, first
26,percentiles
thethe
2019, will
first
dayday
first
day
first
of classes.
beday
of classes.
Duquesne
of classes.
calculated by
Duquesne
the
Duquesne
of classes.
University
Duquesne
School
University
Law University
School Admission
School
University
of Law
School
Council
of
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participates
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participates
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in the
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validation
preLaw Magazine 2018
to a female law student from
service. LSAT and GPA percentiles will be calculated by the Law School Admission Council on October 6, 2019, based on matriculant lists provided by Duquesne Law.
the Woodland Hills area, where
Lowery hailed from.
By
By the
the Numbers
Numbers “Cindy was a friend to all in
2 10 21
law school and a big proponent
of women’s rights and Woodland
•
Despite
We the pandemic,by
are overwhelmed thethe
6thgenerosity
annual Duquesne
of ourDay of Giving
alumni and was the most these
friends
Despite theinpandemic,
the historythe 6thprogram.
annual Duquesne Day of Giving was the during
most
successful
difficult
successful times.
in theYou
of the
came
history through
of the when our students needed you the most!
program. Hills,” they said. “She also
To learn more and see our list of generous donors, visit duq.edu/dayofgiving. epitomized the fine qualities
To
To learn moreand
learn more andsee
see our
our listlist of generous
of generous donors,
donors, visit duq.edu/dayofgiving.
visit duq.edu/dayofgiving.
•
of our 1980 classmates: smart,
hard-working, loyal, dedicated
and willing to lend an ear or
138
143
138
(17% increase from last year!)
$63,870
$42,765
$42,765 (over double
(49% whatover
increase we raised last year!)
last year)
$20,000
$26,000
$20,000
hand to friends, family and
colleagues. We are honored to
total gifts
total gifts raised
raised in Challenge Gifts
in Challenges Gifts unlocked
unlocked fund a scholarship in her name
(17% increase from last year!) (over double what we raised last year!)
total gifts
made by our generous alumni and friends
made by our generous alumni and friends
raisedlaw students
to support Duquesne
to support Duquesne Law students (ThankThank in
you MaryChallenge
you R. Grealy,
Mary
Gifts
L’78, Paul
R. Grealy,
unlocked
L’78,J.Paul
Gitnik, L’85, and
J. Gitnik, the DLAA!)
L’85,
made by our generous alumni and friends to support Duquesne law students (Thank you Mary
Hon. Michael R. Grealy, L’78,
E. McCarthy, L’84,Paul
BrianJ.&Gitnik,
and the DLAA
L’85,Parker,
Kimberly and theL’93,
DLAA!)
grounded on these important
THANKYOU!
YOU!
principles.”
THANK
Spring 2020 37
Spring 2020 37 Spring 2021 11FEATURE STORY 12 Duquesne Lawyer
Rule OF Law
THE RULE OF LAW IS A SET OF
PRINCIPLES, OR IDEALS, FOR
ENSURING AN ORDERLY AND
JUST SOCIETY. MANY COUNTRIES
THROUGHOUT THE WORLD STRIVE
TO UPHOLD THE RULE OF LAW
WHERE NO ONE IS ABOVE THE LAW,
EVERYONE IS TREATED EQUALLY
UNDER THE LAW, EVERYONE IS
HELD ACCOUNTABLE TO THE SAME
LAWS, THERE ARE CLEAR AND
FAIR PROCESSES FOR ENFORCING
LAWS, THERE IS AN INDEPENDENT
JUDICIARY, AND HUMAN RIGHTS
ARE GUARANTEED FOR ALL.
Spring 2021 13FEATURE
STORY
The Rule of Law, the Constitution and Democracy
Wilson Huhn, Professor of Law
L
awyers are a strange breed, are we enforcement officer of the United States,
not? We constantly seek to interpret “he shall take Care that the Laws be faithfully
the law on behalf of our clients, and executed.”
yet we spend our lives in obedience to the
4. Finally, to ensure that the president is
law. We are engaged in constant conflict, at
subject to the rule of law they provided for
no small cost to our peace of mind, and yet
impeachment.
we are devoted to the peaceful resolution of
disputes. On July 20, 1787, the Framers debated
Yet dedication to the law goes even impeachment. George Mason was not a
deeper–right to the core of our system of lawyer, but he was concerned with justice.
self-government and our way of life. He said: “No point is of more importance
Twenty-five of the 56 persons who signed than that the right of impeachment should
the Declaration of Independence were be continued. Shall any man be above
lawyers. Thomas Jefferson, the principal Justice? Above all shall that man be above
drafter of Declaration, was a lawyer. it who can commit the most extensive
The Founders rejected the medieval myth injustice?”
that sovereign kings and queens and their James Madison was a lawyer. He
families are anointed by God to rule over Wilson Huhn said: “I think it indispensable that some
us. The Founders laid a new foundation for provision should be made for defending
our country, based not on the lie of divine the community against the incapacity,
right but upon the fundamental truth that as acting on behalf of “We, the people.” negligence, or perfidy of the chief
all people are created equal, and that all just Their intent and their purpose was that once Magistrate.”
powers of government are derived from the the people had ratified the Constitution it Elbridge Gerry was a lawyer. He said: “I
consent of the governed. They changed the would be law–a fundamental law–a law that urge the necessity of impeachments. A good
very source and nature of law. Law does not establishes and governs the government. magistrate will not fear them. A bad one
emerge from the mind and mouth of a king Under the Articles of Confederation we ought to be kept in fear of them. I hope the
but rather from the deliberations and the were governed by the Continental Congress, maxim would never be adopted here that
votes of the freely chosen representatives of but there was no executive branch. Without the chief magistrate could do no wrong.”
the people. executive leadership our country had Gouverneur Morris was a lawyer. He said:
John Adams was a lawyer. He authored foundered, and it was found necessary to “This magistrate is not the King but the
the Massachusetts Constitution of 1780. create the office of the presidency. But could prime-Minister. The people are the King.”
That instrument states: we create a chief executive who would still The Constitution was ratified and became
be bound by law? In addition to distributing law in 1789. Forty-five of the 89 members
In the government of this commonwealth, the powers of government among three of the first Congress were lawyers. They
the legislative department shall never exercise separate branches and drawing boundaries swiftly approved the Bill of Rights and it was
the executive and judicial powers, or either on those powers the Framers imposed ratified by the people in 1791, purporting
of them; the executive shall never exercise several limits on the power of the president. to protect the fundamental rights of all
the legislative and judicial powers, or either persons and to guarantee the rule of law.
of them; the judicial shall never exercise the 1. The president’s four-year term ends on a But the institution of slavery made a
legislative and executive powers, or either of specific date and time, now Jan. 20 at noon. mockery of the Bill of Rights. Slavery
them; to the end it may be a government of 2. A special oath is prescribed for the was the antithesis of the rule of law. The
laws, and not of men. president, under which the president assumes 250-year-long institution of slavery was
this solemn responsibility: nothing more and nothing less than the
From the beginning of the United States absence of law. No law protected the slave.
it was recognized that our representative
“I do solemnly swear (or affirm) that I will Slaves could not own property; they were
government not only makes the laws, but
faithfully execute the Office of President of the property. Slaves could not enter into
that government itself must be obedient to
United States, and will to the best of my Ability, contracts or sue to protect their rights; they
the law.
preserve, protect and defend the Constitution had no legal rights. Family law did not apply
Thirty-five of the 55 persons who
of the United States.” to slaves; slaves could not legally marry
attended the Constitutional Convention and their children did not belong to them.
3. The Framers imposed a special
were lawyers. They considered themselves People who committed crimes against
duty upon the president. As the chief law
slaves did not stand trial; as a practical
14 Duquesne Lawyermatter it was not a crime to rape or murder a slave. And slaves did
not stand trial; they were tried by mobs or punished and murdered
by their White owners. No, slaves were outside the protection of the
law. Even after the Civil War–after the 14th Amendment promised The right to vote is the hallmark
that all persons should enjoy the protection of the laws, the equal
protection of the laws–the reign of terror continued for another of a citizen. It is the right that is
century.
Abraham Lincoln was a lawyer. In the Lyceum Address of 1838 preservative of all rights.
he condemned the actions of White mobs and abjured us to make
obedience to the law a “political religion”:
Whenever the vicious portion of population shall be permitted to Twenty-seven of the 45 persons who have served as president
gather in bands of hundreds and thousands, and burn churches, ravage have been lawyers. Ulysses S. Grant was not a lawyer; he was the
and rob provision stores, throw printing presses into rivers, shoot commanding general of the United States military in the Civil War.
editors, and hang and burn obnoxious persons at pleasure, and with But this is what he said as president on March 30, 1870, after he
impunity; depend on it, this Government cannot last. secured the adoption of the 15th Amendment:
In his antislavery speech of 1857 he called upon us to live up to the A measure which makes at once 4,000,000 people voters who were
Founders’ ideal that “all men are created equal:” heretofore declared by the highest tribunal in the land not citizens of the
United States, nor eligible to become so … is indeed a measure of grander
They meant to set up a standard maxim for free society, which should importance than any other one act of the kind from the foundation of our
be familiar to all, and revered by all; constantly looked to, constantly free Government to the present day.
labored for, and even though never perfectly attained, constantly
approximated, and thereby constantly spreading and deepening its The right to vote is the hallmark of a citizen. It is the right that
influence, and augmenting the happiness and value of life to all people of is preservative of all rights. Yet after the 15th Amendment was
all colors everywhere. adopted massive riots by White mobs prevented Blacks from
voting, and lynchings by the thousands suppressed the Black race
In his first message to Congress on July 4, 1861, Lincoln reminded and kept a knee on their necks. Thousands of voter suppression
us that the Civil War was fought not simply to end slavery but to laws were adopted by the states–poll taxes, literacy tests, felony
preserve democracy: disqualification laws, residency requirements and the like–not
applicable to Whites under grandfather clauses–to prevent Blacks
And this issue embraces more than the fate of these United from voting. Equality was the law, but White supremacy was the
States. It presents to the whole family of man, the question, whether a rule.
constitutional republic, or a democracy–a government of the people, by How unlike the present time, is it not? How lucky we are not to
the same people–can, or cannot, maintain its territorial integrity, against face intimidation by White mobs seeking to overturn free and fair
its own domestic foes. elections or to witness state legislatures scramble to enact voter
Our adversaries have adopted some Declarations of Independence; suppression laws.
in which, unlike the good old one, penned by Jefferson, they omit the The 15th Amendment was only the first of a series of
words “all men are created equal.” Why? They have adopted a temporary constitutional amendments expanding and broadening the right to
national constitution, in the preamble of which, unlike our good old one, vote. The 17th Amendment initiated the direct election of senators.
signed by Washington, they omit “We, the People,” and substitute “We, The 19th Amendment granted women the right to vote. The 23rd
the deputies of the sovereign and independent States.” Why? Why this Amendment granted the people of the District of Columbia the right
deliberate pressing out of view, the rights of men, and the authority of the to vote for president. The 24th Amendment prohibited poll taxes.
people? The 26th Amendment extended the right to vote to young people 18
This is essentially a People’s contest. On the side of the Union, it years of age.
is a struggle for maintaining in the world, that form, and substance of Lincoln would be proud of us for adopting these amendments. As
government, whose leading object is, to elevate the condition of men – we continually extend the principle of equality–as more and more
to lift artificial weights from all shoulders–to clear the paths of laudable of our people become full citizens with the inalienable right to vote
pursuit for all–to afford all, an unfettered start, and a fair chance, in the –as more and more American voices join the chorus that forms the
race of life. Yielding to partial, and temporary departures, from necessity, body politic and makes our laws–as we reject mobocracy, reject
this is the leading object of the government for whose existence we voter suppression, and rededicate ourselves to our democracy and
contend. to the rule of law–we are constantly approximating a more perfect
union.
Spring 2021 15FEATURE
STORY
Impeachment Intent
President Ken Gormley Discusses the
Constitutionality and Precedents of Impeachment
Amanda Drumm
T The 1969 case of
he word “impeachment” became
commonplace vernacular during
the last few years with two Brandenburg v. Ohio is
impeachments in two years during the
administration of President Donald an example of subversive
J. Trump. Even with its everyday
references, questions abound about what speech and the type
exactly it means and how the framers
of the Constitution intended its use. of speech that can be
The impeachment of Trump on Jan. 13,
2021 was met with a flurry of assertions, punished. The question
including that to try a president who is
no longer in office is unconstitutional. here relates to the intent
University President Ken Gormley, an
expert in constitutional law, discusses this of President Trump.
impeachment and why—even though there
were cries of unconstitutionality—the do. The attempt to overtake the Capitol
impeachment trial was by the books and President Ken Gormley and to obstruct the Electoral College from
played out how the framers intended. casting its vote on Jan. 6 was the epitome
Gormley is well versed on impeachment of what the framers may have envisioned.
trials, having written books on the subject state. The recent second impeachment of “It is clear that this conduct fits within the
and having been at the Capitol for the Trump and his subsequent trial, in the view parameters of conduct the Constitution
opening of former President Bill Clinton’s of the House managers who prosecuted the would have treated as a potentially
impeachment proceedings in 1999 and for case, were a result of the danger posed to impeachable offense,” Gormley said.
Trump’s first impeachment in 2019. “The democracy after the insurrection on the
mood in an impeachment is somber,” Capitol on Jan. 6. Constitutionality of Senate trial
Gormley said. The words Trump spoke, specifically on
These painful parts of history, though Framers’ intention Jan. 6, to a crowd gathered in Washington,
they may seem to an outsider as victories An uprising against the government was D.C. were used as evidence that he helped
for one side, are marked by despondence. at the top of the framers’ list as a reason for incite the insurrection. Trump’s legal
“No one feels good about it. Senators are convening the Constitutional Convention, team defended his actions, saying they
not used to being chained to their chairs. instead of sticking with the original were protected by the First Amendment.
You see the paintings on the walls of former Articles of Confederation. However, legal precedent suggests that the
historical figures. You hear the giant clock “Shay’s Rebellion from 1786-1787 type of speech and conduct engaged in that
ticking in otherwise absolute silence. You in Massachusetts was a revolt against day did create a basis to be tried.
know this is a serious moment,” Gormley the government. The Founding Fathers “The 1969 case of Brandenburg v. Ohio
said. recognized the Articles of Confederation is an example of subversive speech and
The significance of the moment is were too weak and wanted a strong central the type of speech that can be punished.
not lost on those who are seated in the government to deal with citizens revolting The question here relates to the intent of
hallowed space, deciding the outcome of against their own government,” said President Trump. It is fair to debate what
an official and of controversial events in Gormley. he truly intended there; it is a close call.
history. These uncomfortable moments The 14th Amendment, Section 3, was But the Senate is not bound by rules of
in time—especially the most recent later added and states that any official criminal conduct, so this is clearly the sort
impeachment trial—were designed by who took an oath to the Constitution shall of thing that could have been considered
the framers as a safeguard against public not engage in or support an insurrection within the scope of impeachable offenses,”
officials who jeopardize the safety of the or rebellion or give comfort to those who said Gormley. “Whether senators conclude
16 Duquesne LawyerYou can also read
