What a joy it was to attend Monday’s Martin Luther King Breakfast, hosted by the Barristers’ Association of Philadelphia. It was an inspiring program, reminding us of the need for all of us to work towards Dr. King’s primary objective: equality for all. I was excited to see so many Temple Law School representatives not just attending but participating in the event. Chancellor Al Dandridge ’78 addressed the group and among other things announced the creation of, and contributed the inaugural check in support of, a scholarship in memory of Brandi Brice’03. Brandi was a former Chair of the Board of Governors of the Philadelphia Bar Association who lost her battle with cancer last year. Two of our 1L students, Paige Joki and Joseph Sengoba, received scholarships established by United States District Court Judge C. Darnell Jones with excess money collected in support of his Court of Common Pleas portrait. Rachel Keene ‘09 was the Master of Ceremonies. I had the honor of presenting the Association’s Martin Luther King, Jr. Award for Outstanding Service to the Community to the Public Interest Law Center of Philadelphia, on whose Advisory Board I sit. And Court of Common Pleas President Judge Sheila Woods-Skipper ‘83, who received the Juanita Kidd Stout Woman of Distinction Award, served as the gathering’s keynote speaker. All this was in addition to the many Temple Law students who were visible as hosts and greeters. It was an honor to be there, but even more than that it was an inspiration to share the morning with so many people who are still working to fulfill the vision – the dream – of Dr. King.
On Tuesday, I joined hundreds of others at the Philadelphia Bar Association’s Chancellor’s Reception, where the Philadelphia legal community celebrated Al Dandridge, class of 1978, the 88th Chancellor of the Philadelphia Bar Association – the nation’s oldest bar association. The room was full of people with Temple Law connections. Way cool to see so many Temple Law School faces.
One of the great joys of leading an institution like Temple’s Beasley School of Law is the marked variety of academic and professional gatherings that pepper the calendar each month. October, for example, brought us the Kohn and Kolsby Lectures, an IILPP Roundtable, the Whitford Symposium, and the 15th anniversary of our Rule of Law program in Beijing, from which I have just returned.
The second great joy of my job is having a faculty that works so hard, collectively and individually, to make this the wonderful institution that it is. I was reminded of this at the Whitford Symposium, where I was struck by the collective stature of the speakers gathered for the day. It was clear that something really special was going on, and I was immensely proud to see it happening at Temple, as well as grateful to Professor Jonathan Lipson for his extraordinary efforts in bringing the Symposium together.
I’ve asked Professor Lipson to offer his reflections on the Whitford Symposium here, because I think his perspective on the events of the day has much to offer us. His remarks follow.
Integrity and inclusion.
These were the themes of a special Temple Law Review Symposium held Friday October 24, 2014 at Temple Law School in honor of University of Wisconsin emeritus professor Bill Whitford.
If you read that carefully, you may wonder: Why would Temple Law School honor the senior member of what is essentially a competitor—another law school?
The answer turns on the integrity and inclusiveness of Whitford’s contribution to teaching and scholarship in his 50-year career as well as the special joint venture forged by Temple and Wisconsin in order to bring the project to fruition.
Professor Whitford is one of nation’s leading writers and teachers on consumer and corporate bankruptcy, contracts and law and society. He was an early empiricist, producing studies of contracting practices that inspired generations of scholars to look at the “law in action.” The Bankruptcy Research Database he created with UCLA law professor Lynn LoPucki radically altered the nature of research in corporate failure and bankruptcy.
Attended by nearly 150 lawyers, scholars, and law students, the Symposium was designed to be not just a series of tributes to Bill, as I noted in my introduction, but instead an opportunity for leading scholars from around the world influenced by his work to reflect and build on his scores of articles, book chapters and books.
Panelists included Douglas Baird (University of Chicago), Jean Braucher (University of Arizona, who organized the Symposium with me), Robert Hillman (Cornell), Robert Lawless (University of Illinois), Angie Littwin (University of Texas), Lynn LoPucki (UCLA), Melissa Jacoby (University of North Carolina), Stewart Macaulay (University of Wisconsin), Katie Porter (UC-Irvine), Iain Ramsay (University of Kent-UK), David Skeel (University of Pennsylvania), and Jay Westbrook (University of Texas). In addition, Senator Elizabeth Warren (D-MA), formerly a professor of contracts and bankruptcy, recorded a 6-minute video about Whitford’s impact on her teaching and scholarship.
The Symposium covered three major aspects of Whitford’s work: (1) corporate reorganization, in particular the work he and LoPucki did in developing the Bankruptcy Research Database, and the enormous body of scholarship that grew from that database; (2) consumer bankruptcy and protection, in particular efforts to identify meaningful system reforms that go beyond the courtroom; and (3) comparative law and methodologies, with an emphasis on Whitford’s role in creating the field of comparative consumer bankruptcy, a subject of growing importance as household debt increasingly influences social welfare and economic growth.
The prestige of the panelists, and the depth and breadth of Whitford’s contribution drew the attention of both national media (the event was covered by Reuters (subscription required)) as well as the National Bankruptcy Archives, which will house video footage of the Symposium (the video is also available now on Temple Law School’s Whitford Symposium event page).
Although these scholars covered a wide range of topics, many focused on Whitford’s commitment to integrity in the legal process, in scholarship and in the classroom, where Whitford not only taught thousands of students over the years, but developed one of the earliest and most successful, broad-based diversity programs in a law school, one that has been emulated by other schools, including Temple.
Whitford’s commitment to inclusion was recognized at the Symposium not only through his commitment to diversity, but in the very structure of the program itself. Joint ventures among law schools are rare. This one—between Temple, the University of Wisconsin and the University of Arizona—reflected the essence of Whitford’s ability to reach across many different types of scholars, in many different fields, all of whom share his basic commitments to principled scholarship, access to justice and opportunities for those often ignored by the legal system.
Greetings from Beijing, where it’s been my great privilege to attend commencement exercises marking the 15th anniversary of Temple Law School’s Rule of Law program in China. I could not be more proud of what Temple has accomplished through this program. Since its founding in 1999, the Temple Rule of Law program has educated a total of 1,281 legal professionals. Nearly two-thirds of these participants have been from the public sector. That figure includes 384 judges, 163 prosecutors, 115 government officials, 162 law professors, and 46 NGO legal staff. Temple’s LL.M. Program in Beijing, which was the first foreign cooperative law degree program in China, also remains unique: Many entities operate legal education programs in China, but to date, there is no China-sanctioned degree-granting program similar to Temple Law’s.
All of this came from one idea. My predecessor, former Dean Bob Reinstein, and former Temple President Peter Liacouras, foresaw the emergence of China as a global force. Dean Reinstein recognized an opportunity to contribute to the shaping of Chinese legal culture by offering training in American legal principles to Chinese lawyers and judges in positions of influence. Each time we visit we are gratified to hear of the marked upward trajectory of the careers of our former students, and of the impact of our training on their legal thinking.
Our visit to China follows on President Xi Jinping’s recent Fourth Plenum. President Jinping has made a centerpiece of his presidency respect for and adherence to the rule of law. It is gratifying to see the values of our program reinforced by so respected a voice and on so prominent a stage. The takeaway from this, to me, is that we must remember every day that our actions have consequences, and if we are fortunate they have meaning. I think it would be hubris to suggest that our program directly influenced President Jinping’s agenda. But I do believe that we complement, contribute to, and further China’s embrace of a value America cherishes, and that feels pretty good.
It is hard to believe that October is already upon us, but the cooler temperatures and earlier evenings are hard to dispute. Here on the East Coast, October also brings the glory of fall foliage. I was reminded recently that Pennsylvania’s fall foliage is more varied and longer lasting than anywhere else in the world. The glorious yellows and oranges are yet another way in which life at Temple has so much to offer – inside and outside our walls.
October brings a law school calendar full of exciting events – social gatherings like the BLSA faculty-student brunch, the WLC wine and cheese reception, and the D.C. Alumni reception as well as a host of guest lectures, debates, and symposia. We will have the pleasure of learning from three outstanding scholars at this month’s Faculty Colloquia: David Law from Washington University, John Coffee from Columbia, and our own Craig Green. Click here to see some of the other highlights of the month.
I want to draw your attention in particular to three events- the Kohn Lecture on October 9th, the Kolsby Lecture on October 14th, and the Whitford Symposium on October 24th. The Kohn Lecture will be delivered this year by the Honorable Leo Strine, Chief Justice of the Delaware Supreme Court. Chief Justice Strine is among the nation’s preeminent jurists, widely recognized as a leading authority on matters of corporate law as well as larger questions of governance in complex environments. The lecture will be a celebration of the memory of Harold E. Kohn, whose 100th birthday would have come this month.
The following week we will have the pleasure of hearing from Chilton Davis Varner, a senior partner at King & Spalding and one of the top female litigators in the country, as she delivers the 2014 Kolsby Lecture. Long a highlight of the advocacy program at Temple Law, the Kolsby lecture is always a favorite with students, faculty, and members of the Philadelphia trial bar.
At the end of the month Temple Law will play host to the leading authorities in the fields of corporate or consumer bankruptcy and consumer contracts and protection as they gather to examine the work of Bill Whitford, professor emeritus at the University of Wisconsin, who has for decades been one the nation’s leading scholars in these fields. This event is being organized by Jonathan Lipson, Harold E. Kohn Professor of Law, and will include former Temple Law colleagues David Skeel and Melissa Jacoby.
It’s going to be an exciting month at Temple Law. I look forward to seeing some of you as your schedules permit and hope for each of you the best that autumn has to offer.
I love this time of year. For most of my professional life, it’s been a time of welcoming – welcoming new students to the school and the profession I love; welcoming returning students as well as friends and colleagues among the faculty; and welcoming a new academic year, full of potential for both challenge and opportunity.
If the first few weeks of this academic year are any indication, it’s going to be an exciting one. Our incoming class is packed with creative, talented people whose focus and commitment have been impressive. As we do every year, we capped off orientation week with our traditional pledge ceremony, in which the incoming class affirms the privilege of service that is ours as lawyers, and commits to seeking equal justice for all. I believe that this class has the potential to do amazing things, and I cannot wait to see what they have in store for us. Teaching one of the first-year courses, Litigation Basics, I feel particularly privileged to teach – and thus get to know – some our first-year students. From even this early stage in their career, I feel comforted that our profession will be in good hands.
This year, I found myself thinking back to the pledge as I listened while the legendary Morris Dees, civil rights champion and co-founder of the Southern Poverty Law Center, addressed an auditorium packed with Temple Law students and faculty. Mr. Dees was here to help celebrate the opening of the National Trial Lawyers’ Hall of Fame, itself an exciting new addition to the law school community and an affirmation of Temple Law’s ongoing leadership in advocacy training. His comments on the faces of contemporary tyranny and our role as lawyers in confronting it, drawn as they were from his own life and practice, inspired the entire audience and affirmed both the necessity and the urgency of our work.
In a way, Mr. Dees provided the perfect welcome to every member of the Temple Law community: a welcome not just to law school but to a profession that is privileged to serve as champions in pursuit of equal justice for all.
We are just a few short weeks into the semester, and the Law School is a flurry of activity. Last week, we dedicated the Trial Lawyers’ Hall of Fame, an interactive display featuring some of the nation’s most prominent and powerful advocates. That the National Trial Lawyers Association selected Temple as the home of its Hall of Fame is strong affirmation of Temple’s continued nationally renowned strength in advocacy training. We were honored to hear from one of the Hall’s inductees, Morris Dees of the Southern Poverty Law Center. Click here to read more about Mr. Dees’ remarks and the challenge he issued to the audience.
This week, our own Professor Jaya Ramji-Nogales was joined by her co-authors, Georgetown Professors Andrew Schoenholtz and Philip Schrag, as the three presented to a packed room from their book, Lives in the Balance: Asylum Adjudication by the Department of Homeland Security.
In Lives in the Balance, the authors analyze a database of 383,000 cases to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The findings are exciting, compelling, and make a strong case for legislative and policy changes to improve the asylum decision-making process.
The 2014-2015 Trial Team selections have been finalized and the team is already hard at work preparing for an intense fall competition schedule that includes the NITA Tournament of Champions, the Peter J. James National Civil Rights Competition, the Puerto Rico Trial Advocacy Competition, and the Buffalo-Niagara Invitational Competition. Our Moot Court season also gets underway this weekend with the opening rounds of the Samuel Polsky Moot Court Competition, from which we will draw the members of our Moot Court Honor Society for the coming year.
Next week, we welcome to Temple Law Nancy Updike, award-winning producer of the popular NPR show, This American Life. Nancy has filed stories from around the globe, and brings both an international perspective on current events and an expert touch in crafting a compelling narrative.
The school year is off to an exciting start, and we look forward to more inspiring and informative events.
I was delighted to learn last week that Caroline Power, who graduated in May, had won Baylor Law’s prestigious Top Gun Mock Trial Competition. It was a wonderful conclusion to Caroline’s amazing run as a trial advocacy student, and an even better beginning to her life as a trial lawyer. We at her alma mater are immensely proud of Caroline, excited for her future, and not at all surprised.
For those unfamiliar with Top Gun, it is an elite invitational competition in which advocates from the top programs in the country have just 24 hours to learn the case file and prepare their arguments, after which they argue their cases solo, rather than in the traditional team format. The pressure is intense and the stakes are high. Only one person a year earns the right to call herself a Top Gun.
This year’s contestants argued a case regarding copyright law in which a publisher was accused of encouraging a novice writer to take elements from an established writer’s series of children’s books. To win, Caroline had to review depositions, records, and photographs before the case, work with new pieces of evidence as the tournament progressed, and argue in front of a jury of distinguished trial lawyers and judges. In the final round of competition, Caroline argued before presiding Judge Leonard E. Davis, Chief Judge of the United States District Court for the Eastern District of Texas. Judge Davis had high praise for Caroline, describing her as talented, fluid, articulate, and persuasive. I couldn’t agree more, and in fact would add that Caroline is also incredibly hard-working, focused, and highly disciplined – all traits that contributed to her success as a member of the Temple Law National Trial Team and will most certainly serve her well as a trial lawyer.
Caroline’s Top Gun triumph, coming as it does at this particular moment, has been a wonderful opportunity to celebrate the legacy of Eddie Ohlbaum, who created the program and whose passing this spring has been a loss for the school and for each of us who treasured his wisdom and friendship. In particular, it has given me a reason to reflect on why trial advocacy is such a core element of our curriculum and to reaffirm our institutional commitment to it.
Becoming a trial lawyer isn’t for everyone. That said, I believe that coursework in trial advocacy is. Why? Three reasons: Preparation, confidence, and agility. No other course in legal education develops these three highly desirable – and transferable – traits in young lawyers as well as the classes they take in trial advocacy.
Preparation: Trial Advocacy teaches students to synthesize a large amount of complex information, organize it into arguments that will be persuasive to their specific audience, and articulate it with passion and authenticity. That audience may be a judge or jury, but could just as easily be an arbitration panel, corporate board, negotiating partner, or policy-maker. Some people are gifted orators and can be decently effective extemporaneously. But they will never be as great as if they’d prepared. The more prepared the lawyer is, the more effective she will be in representing her client well, no matter what the forum may be. Trial Ad teaches preparation.
Confidence: Trial Advocacy pushes students out of their comfort zone and challenges them to do things they didn’t know they could. It is one of the great opportunities they have in the course of their legal education to layer skill and individuality on top of knowledge. The best advocate understands that he or she – uniquely – determines the shape and contours of the case presented. This artistry inevitably discloses something of the lawyer, and involves risk. So, at Temple, our students will take risks to complete the course. Learning that they can stand up in front of their peers and professors and deliver an opening statement or cross examine a witness is instrumental to their development as young lawyers, and the confidence they develop when they do what they thought was out of reach inevitably carries over into the rest of their work.
Agility: Trial Advocacy requires students to think on the fly, drawing on their thorough understanding of the facts and how they relate to one another to quickly absorb new developments and make the necessary adjustments. This ability to respond quickly and confidently under pressure is something that Temple’s trial advocacy faculty works to develop in every student, regardless of whether they are members of the National Trial Team or reluctantly enrolled in Introduction to Trial Advocacy despite a distinct aversion to public speaking.
What these three Trial Advocacy gifts really boil down to is this: students who take the risks and the opportunities offered by the program, especially here at Temple, come out of it having discovered their own voices and with the tools to use those voices powerfully and passionately in the practice setting of their choice. They have a “can do” confidence that they can make a difference, and so they do. I’m proud of Temple Law’s leadership in this field and of the many members of the legal community whose participation contributes to our success.
Almost everyone who’s ever even thought about law school has heard that attending one will teach you, primarily, to “think like a lawyer.” While that is universally recognized as an important element of any legal education, three events over the past week have led me to conclude that we cannot only be about teaching our students’ minds: we must also be engaging their hearts. Fortunately, recent events have reminded me that this is something the faculty and alumni of Temple Law do exceptionally well.
On Friday, April 4th, Temple Law hosted Wills for Heroes, an organization that assists first responders and members of the military in drafting basic estate planning documents. Dan McKenna ’05 and volunteers from Ballard Spahr joined Temple Law faculty, administrators and students to provide this much-needed service. The feel-good vibes were palpable, and you could see in the faces of the clients the peace that comes from knowing that you are doing something tangible and concrete to protect the ones you love.
On Saturday, Professor Jane Baron, who had also volunteered at the event on Friday, met students from her Property class at the East Poplar Playground and Recreation Center where, as part of the 7th annual Philly Spring Cleanup, they worked to spruce up a community garden. Professor Baron has been a real driving force for the law school, reminding us that giving back to our community is not an obligation; it’s not even something we occasionally do. It is who we are.
In between these two wonderful events was yet a third expression of the Temple Law Heart – -the tribute to Professor Eddie Ohlbaum, (“Eddie” to everyone), who passed away on March 13 after a valiant but too brief battle against cancer. Judge Mitchell Goldberg (EDPA) gave comments from the judiciary, and as a member (with Andy Stern) of the inaugural trial team. Luke Reiter, currently Executive Producer of “The Blacklist” but with legions of Hollywood credits to his name, spoke on behalf of the trial team (he was a member of Temple’s winning National Trial Competition team (NTC) where he received ‘best advocate honors). Emilia McKee, a current 3L and member of the all-women NTC team just back from Texas where we once again made the Elite Eight, spoke about Eddie’s impact on trial team members, sharing with us an email Eddie had written to the team after a heart-breaking second-place finish earlier in the year. (Members of the only other all women team, were also in attendance. See both teams in the photo to the right). In his message to this year’s team members, Eddie reminded them of all they had accomplished and how proud he was of them. He told them, and forgive me for paraphrasing, that he would go into battle with them any day. That unqualified support is what we all received from Eddie in various forms and settings. And it is what we so very much miss. After Emilia came David Layne, also a 3L, who talked about Eddie’s impact on students not on the trial team. In reprising an encounter he’d had with Eddie about his success on Eddie’s Evidence exam, David reminded us that Eddie cared about every one of his students, not as competitors or numbers, but as people.
David was followed by a trio of faculty members. Professor Lou Natali reminisced about hiring Eddie at the Defender Association of Philadelphia, and Eddie’s relentless commitment to out-work everyone else. Professor Eleanor Myers reflected on Eddie’s service in the Temple Office of University Counsel, where he excelled at civil litigation, but just hated it. Fortunately, Temple Law School came calling, and Eddie joined the Law School faculty in 1984. Former University Counsel and former Dean Bob Reinstein shared memories of Eddie’s role on the Law School faculty, particularly as architect of the nationally-recognized advocacy program, an impact that single-handedly changed Temple Law School.
Having labelled both her presence and her participation as a game-day decision, Eddie’s widow, Karyn Scher, graced us with remarks. She was at once nostalgic yet funny. She shared a hilarious dream she’d had featuring Eddie and St. Peter. I won’t reveal the punchline in case she chooses to tell it again — as she should.
The tribute ended with a short but poignant video, ending with Eddie’s hands over his head in victory. (Thank you, Steve App, for finding the video). It reminded us of his essence, his encouragement, and his love of success. The planning committee concluded, afterwards, that the evening was as near perfect as one could hope.
Why do I go on like this? In part, I want to honor my friend and colleague, Eddie Ohlbaum. But as I surveyed the several hundred people who had gathered to honor his contributions (the event was planned as a tribute, long before we had reason to suspect he would not be present to witness it), I realized that Eddie, and our reaction to his achievements and his loss, are what people love about Temple. As an institution, Temple has a big heart one with space and love for all of our community.
Last Friday afternoon, I had the pleasure of spending some time at a symposium featuring the work of 15 Temple Law & Public Policy Scholars. For those of you unfamiliar with this program, the Scholars are Temple Law students who have completed an immersive summer experience in Washington D.C., led by Professor Nancy Knauer. Professor Knauer conducts the course as an integrated learning community. The students work during the day at high level, policy-oriented internships, spend evenings in a class on institutional change, and enjoy mentorship from Temple Law graduates working in D.C. Through the integration of these experiences, students achieve a deeper understanding of the reciprocal relationship among theory, experience, and professionalism. Of particular excitement, the Scholars work collaboratively (a 21st century innovation in legal education), supporting and encouraging each other’s work, while individually preparing white papers related to their internship position. After just two years in operation, the Law & Public Policy Program is already delivering impressive results.
Each Scholar at the symposium presented an innovative policy proposal addressing a current pressing social or economic issue – often of national or even international significance. They were organized in five panels along the following themes:
- Financial Regulation and the Public Interest
- New Approaches to Problem Solving: Courts, Conflict, and the Environment
- Sexuality, Violence, and the State
- The Power of Markets
- Responding to the Information Revolution
I watched with pride as the students presented their ideas with confidence and authority, and then fielded questions from a very engaged audience. I was also impressed with the sophistication of the proposals themselves, which were far from being merely academic arguments. These were proposals designed to have impact in the relevant policy arenas.
We like to say at Temple Law that our students excel in making things happen, and these Scholars are no exception. Several of them have already been involved or influential in policy changes at very high levels. Some have already been sought out as experts on their points of interest. All 15 will be presenting their papers in May at the annual meeting of the Law & Society Association, a forum typically reserved for faculty. I have no doubt that their contributions to that forum, and to our profession, will make everyone at Temple Law very proud. And they are just the latest example of our efforts to ensure that our students are prepared – well-prepared – for 21st century practice.