Continuing Legal Education

In Association with Lawyers Concerned for Lawyers of Pennsylvania:
Mental Health IS Health
October 10, Law School Mental Health Day

This was a collaborative program between Duquesne Kline School of Law and Lawyers Concerned for Lawyers and featured attorneys and students.

In Association with Keep Our Republic: Moore v. Harper, the Independent State Legislature Theory, and the 12th Amendment to the Constitution
October 8

This program was a discussion of the Supreme Court's consideration of Moore v. Harper, the independent state legislature theory, and the 12th Amendment to the Constitution and the Electoral Count Act of 1887. Our speakers included Duquesne Kline School of Law Distinguished Executive in Residence and former Governor of Pennsylvania Tom Corbett, Duquesne Kline School of Law Professor Wilson Huhn, Justice Emeritus Thomas G. Saylor, former Chief Justice of the Pennsylvania Supreme Court, and Jonathan Winer, member of the Advisory Council of Keep Our Republic.

The New Supreme Court Cases: Duquesne Kline School of Law Faculty Explains
September 30

Several members of Duquesne Kline School of Law's Faculty explained the recent Supreme Court cases and provided a preview of a major case the court will be hearing in the fall. Additionally, the panelists addressed legal and judicial ethics in a one-hour presentation entitled "Promoting Public Confidence in the Court." During this presentation, the panelists also discussed the implications of the Court's recent decisions.

Between Adbication and Suffocation: Three Eras of Governing Digital Platforms
Presented by Professor Jonathan L. Zittrain
September 28

The conventional wisdom around digital governance has shifted from one of hands-off privatization to one of anxiety bordering on horror about what the twenty-five year experiment of a hyper-networked world is doing to all of us, and whether there's anything to be done about it. Professor Jonathan L. Zittrain's talk explored the issues and possible mitigations and resolutions. 

#Respond2Reality: The Impacts of Social Media on Mental Health and Domestic Violence
Presented In Association With UPMC Passavant Hospital
September 16

Social Isolation has been a norm for the past two years resulting in the increasing needs to use digital platforms as a means of communication. Our youth and young adults have had an increase in mental health issues as well as a rise in domestic violence because of being socially isolated. This program intended to enlighten the participants of different media platforms that may not be safe and encourage communication with specialists, parents or caregivers in providing tools for prevention and knowledge for assistance with any mental health issues or domestic violence situations.

The Death of Eyewitness Testimony and the Rise of the Machine Evidence
Conference Chair: Duquesne Kline School of Law Professor Jane Campbell Moriarty, Carol Los Mansmann Chair in Faculty Scholarship
April 8

The legal system is increasingly reliant on machine-driven evidence including biometric identification, cell service location information, neuroimaging, and computer-automated DNA profiles. Although these technologies are remarkable, they pose challenging legal and ethical questions. Speakers at the conference addressed constitutional concerns about privacy, self-incrimination, and confrontation; the reliability of machine evidence; the role of racial discrimination and bias in technology; and the ethical implications of technological evidence.

The Future of Law in the Time of the Death of God
Presented by Duquesne Kline School of Law Adrian Van Kaam Endowed Chair in Scholarly Excellence and Professor of Law Bruce Ledewitz
March 29

This CLE discussed the implications for law of Professor Bruce Ledewitz's new book, The Universe Is on Our Side: Restoring Faith in American Public Life. The phenomenon Friedrich Nietzsche called the Death of God has undermined trust in American society, including trust in the rule of law. The framers of the Constitution would have embraced the vision of Dr. Martin Luther King, Jr., of the arc of the moral universe bending toward justice. But that faith as well has eroded. The book offers a new starting point for the renewal of the claims of truth, beauty, goodness and justice.

Introduction to Practice within the Department of Veteran Affairs
Presented by Commander J. B. Wells (L'94) U. S. Navy (Retired)
Chairman, Military-Veterans Advocacy, Inc.
March 17

This CLE included the structure of the VA claim process, ethical requirements of those participating in the VA system, rulemaking within the VA, important court decisions and pending litigation/legislation especially in the area of toxic exposure claims.

The Invisible Lawyer: Ethical Issues Arising from the Remote/Hybrid Workforce 
Presented by Jay Glunt (L'00), Fisher Phillips LLP
February 17

As the COVID-19 global pandemic enters its third year, it is commonplace for attorneys to practice law in a hybrid workplace. We regularly work from home or another remote location some of the time, and other times (perhaps in the same work day) we practice law in a more traditional office setting. These hybrid work arrangements trigger ethical responsibilities in the areas of competency, confidentiality, and supervision of others. Our presenter, Jay Glunt (L'00), is a workplace law specialist. Jay regularly trains employers about best practices for managing remote workers, sometimes referred to as the "invisible workforce." In this presentation, Jay brought his practical approach to the professional responsibility obligations of an "Invisible Lawyer."

Recent Developments in Pennsylvania Constitutional Law
Presented by Duquesne Kline School of Law Adrian Van Kaam Endowed Chair in Scholarly Excellence and Professor of Law Bruce Ledewitz
September 25

Recent Developments in Pennsylvania Constitutional Law was comprised of two hours of substance and one hour of ethics. The two substantive hours discussed changes in the jurisprudence of automobile searches, as well as other recent cases, and the constitutional lessons that can be gleaned from litigation over the 2020 election and the pandemic. The ethics hour explored the proper limits of professional self-regulation through three case studies: the legal ethics investigation of the Allegheny County District Attorney, threats of impeachment against Democrats on the Pennsylvania Supreme Court stemming from alleged political partisanship and judicial recusal in the context of discussion of public issues on the campaign trail in Pennsylvania versus Supreme Court nomination hearings in the U.S. Senate.

Emerging Trends in Managing Global Entities
Presented by Devlin Aaron Fisher, Esq. (L'12), and Robert J. McHugh, Esq. (L'12), Global Sales Support Managers, CT Corporation
October 14

In the face of rapidly changing laws and regulations in foreign jurisdictions, U.S. companies are confronted with a growing number of obstacles and challenges when operating globally. With the complexity of managing entities abroad only increasing, U.S. companies are now taking steps to operate more efficiently and to ensure that their global entities remain in compliance. With this in mind, it is important for attorneys and legal professionals to have an understanding of the best practices in managing global entities and be aware of the potential risks that this work presents. This presentation outlined the growth and expansion of U.S. companies to global markets, recent jurisdictional changes, operational efficiencies and considerations for global entity management, and upcoming changes and trends to expect.

LLC Basics: A Roadmap for the General Practitioner
Presented by Rocco E. Cozza, Esq. (L'03), Founder, Managing Attorney, and Matthew Bolewitz, Esq. (L'15), Senior Counsel, Cozza Law Group PLLC
November 4

Topics covered include:

• Purpose of an LLC entity structure
• Types of structure (member-managed vs manager-managed)
• General formation process (Pennsylvania based)
• Tax advantages discussion (S-Corp designation)
• Structure of the Operating Agreement
• The "Four D's" - Death, Disability, Death, Divorce
• Purpose of Buy-Sell Agreement

Criminal Defense Representation: The Do's and Don'ts
Presented by Turahn L. Jenkins, Esq. (L'04), Criminal Defense Lawyer
November 18

Attorney Jenkins discussed the things that you must always do, as well as the things that you must absolutely avoid. From fee agreements, instructing clients on the law, to preserving attorney client privilege, a host of issues that we all need to be cognizant of that would be beneficial to both newer and seasoned attorneys were discussed.

Cryptocurrency and Digital Assets in Estate Administration
Presented by Ashley R. Bozewski, Esq. (L'12), Sherrard, German & Kelly, P.C.
December 9

This CLE discussed the unique challenges in managing digital assets, including cryptocurrency, in estate planning and estate administration. The first part reviewed the Revised Uniform Fiduciary Access to Digital Assets adopted by Pennsylvania made effective in January 2021 and then moved into a discussion of the complications cryptocurrency may create for a fiduciary as well as emerging trends with handling cryptocurrency in estate planning and administration.

September 26, 2020
Presented by Duquesne Kline School of Law Professor Will Huhn

This program is about systemic racism; specifically, the laws and court decisions that historically and to this day are used to suppress and dilute the votes of persons who are members of racial minorities. Covered are the denial of citizenship to persons of color; the battles that led to the adoption of the 15th Amendment; the annihilation of voting rights during the Redeemer Movement; the decisions of the United States Supreme Court initially upholding and then at long last striking down the use of white primaries, poll taxes and malapportionment; the adoption of the Voting Rights Act in 1965; the initial enforcement of the Voting Rights Act; the chipping away at the Voting Rights Act; and current schemes of voter suppression and vote dilution.

October 15, 2020
Presented by Duquesne Kline School of Law
Associate Professor Jalila Jefferson-Bullock

Today, there are still credible threats to access to voting. In 2013, Shelby County v Holder weakened the Voting Rights Act by declaring Section 4's preclearance formula unconstitutional. For that reason, there is no longer federal oversight in areas with histories of discrimination in voting practices and procedures. Yet, there is still rampant discrimination in voting practices and procedures throughout the United States. For example, voter ID laws, reduced polling places, voter registration purges, lack of absentee balloting, and "poll taxes" of old remain as hurdles that minority voters currently face in accessing the franchise. The question is how will Section 2 of the Voting Rights Act protect against these discriminatory practices?

November 6, 2020
Presented by Duquesne Kline School of Law Associate Professor Rona Kaufman

The CLE focused on three specific types of hatred in America: Anti-Semitism, Racism, and Misogyny, and explored similarities and differences between these hatreds and the movements combatting them. It viewed these forms of hate through the lenses of intersectionality, history, law, and populism. The CLE considered both causes of and solutions to these forms of hate with specific attention on opportunities for collaboration between groups to achieve equality and end oppression and persecution.

February 26th, 2021
Presented by Duquesne Kline School of Law Professor Wesley M. Oliver

The legal limits on the use of force by police officers are very unclear and the subject of much controversy. Search and seizure law, by contrast, is governed by a vast body of law and - Breonna Taylor's case notwithstanding - is not a matter of public concern. To put this contrast more starkly, the law very precisely tells an officer when it is appropriate to search the trunk of a car, but provides almost no guidance on when it is appropriate to shoot someone dead. Police academies largely rely on judicial decisions to train officers. The law's lack of guidance on force therefore has significant consequences. How did the law come to thoroughly regulate searches but not shootings? This CLE demonstrated that judicial responses to Prohibition in the 1920s provide a possible explanation and suggest that the remedy Prohibition gave us - namely the exclusionary rule - is a relic of that era, unsuitable for a world with concerns much more consequential than liquor searches, and unworthy of the deference we typically attribute to precedent.

March 19, 2021
Presented by Duquesne Kline School of Law Associate Dean for Academic Affairs and Associate Professor Ann Schiavone

This CLE discussed the dilemma of using police dogs in the apprehension of criminal suspects, particularly focusing on the issues surrounding use of force and racial bias. Recent severe injuries and even deaths caused by police dogs have triggered media attention and government audits of K-9 programs. This CLE discussed the legal basis for using police dogs for the apprehension fuTnction, while bringing in historical, scientific, and psychological evidence, along with current events to help reevaluate their use.

March 27, 2021
Presented by Duquesne Kline School of Law
and The Villanova Law Institute to Address Commercial Sexual and Exploitation

What is human trafficking? Human trafficking is a serious crime and violation of human rights, involving force, coercion, or fraud to exploit a person into labor or sexual exploitation. A common misconception about human trafficking is that it does not happen in the United States. This is false, sex and labor trafficking happen throughout the United States in nearly every town and city. Recent social media campaigns have drawn attention to this issue, but misrepresent the reality of sex and labor trafficking in the United States.
This CLE explored Federal and State Trafficking Law with Rebecca Silinski (L'15), Assistant United States Attorney for the Western District of Pennsylvania, and Summer Carroll, PA Office of Attorney General, Organized Crime Unit. Richard Mullen, retired lieutenant with the Allegheny County Police, Karen Davidson, retired Special Agent of the FBI, and Denise Holtz, retired Special Agent of the FBI, discussed investigating this heinous crime. Rebecca Mackenzie shared her experiences as a human trafficking survivor. Alexia Tomlinson, Senior Justice for Victims Fellow at the Institute to Address Commercial Sexual Exploitation at Villanova University's Charles Widger School of Law, covered the vital importance of trauma informed lawyering's role in representing trafficking victims. The program was moderated by Judy Hale, Esq. (L'14), MPA, Legal Advocacy Manager at the Women's Center & Shelter of Greater Pittsburgh.