From the Editor

A Special Annive rs a r y

C a rd o zo en joyed an ausp iciou s beginning 25 years ago. With a mandate

f rom Ye s h i va Unive rsity, founding dean Monrad Pau lson hired a faculty fo r

a new law school that would offer hum anistic stud ies and practical opp or-

t u n i t i e s. That balance has been achieved beyond all ex p e c tation . Today the

Law School boasts nearly 7,000 graduates who are ach ieving at the highest

l e vels of th e legal and busin ess worlds as well as in the public secto r.

T h e re fo re, it seems appropriate to feature some of our alumni jud ges and to

re c o rd the reunions and commencement of last June.

This annive rsary year will be special in many wa y s. Thirteen pro f e s s o rs

f rom around the world will visit. A two-day symposium on Nietzsche org a-

n i zed by Prof. Peter Goodrich will bring to campus some of the leading

p h i l o s o p h e rs of our day. To meet th e in creasing n eeds of students and fa c-

ulty, the Un ive rsity has em barked upon a multifaceted bu ilding impro ve-

ment plan, which calls for the re n o vation and re d e c o ration of the entire

C a rd o zo facility. Highligh ts, which are ou tlined in a photo essay inside,

include the expansion and re n o vation of the lobby level of the Law School,

the bu ilding of a new Jacob Burns Moot Court Room, and the re c o n f i g u ra-

tion of the building’s facade and entra n c e s.

We have much to celebrate as we mark a quarter-century and hop e that

as you read C a rd o zo Life you will feel some of th e excitement being gener-

ated on campus.

—Susan L. Davis

Susan L. Dav i sE D I T O R

Pau let te Cr ow t h e rA S S O C I ATE EDITOR

Judy Tu c ke rA RT DIR EC TOR

C O N T R I B U T O R S

B a r b a ra Alper, Norm an Goldber g

Susan Lerner, Pete r Ro b e r t s o n

D e b ra L. Ro t h e n b e rg

Je ff Sto rey ’01, Denn is Wile

●

C a rdoz o Life is publishe d tw ice ea ch ye ar by

t he De pa rtme nt of Communications and Public Aff a i r s

Benjamin N . Cardozo School of La w

Jac ob Burns I nstitute for Adva nced Lega l St udie s

Yeshiva Unive rsity

B rookdale Cent er, 55 Fift h Av e n u e

New York, New York 10003

Phone (212) 790-0237

FAX (212) 790-0322

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E dit orial cont ributions and submissions

a re we lcome . This publication a cce pts

no re sponsibility for unsolicit ed manuscripts

or photogra phs. A ll submissions are

subject to editing a nd are use d

a t t he e ditor’s discre t i o n .

Y E S H I VA U N IV ERS ITY

Robert M. Bere nC HAIR MAN, B OARD O F TR USTEES

Norman Lamm, Ph .D.P R E S I D E N T

L I F EC a rd o zo

C A R D O Z O L I F E

Fe a t u re sNietzsche Comes of Age in America . . . . . 1 8Legal scholars are finding the work of Nietzsche and the questions that he posed to be re l e vant and perhaps an inspirat ion for people to rewrite the law 100 years after the great ph ilosopher’s death.

BY P ETER G O O D RICH

PRO FESS O R O F L A W

C a rd o z o :Enjoying a Tr a n s f o rm a t i o n . . . . . . . . . . . . 2 0The Law School is undergo ing an ex t ra o rdinary expansion and re n o vation. Upon complet ion Card o zo will boast a new facade and entra n c e s, modern and technologically enhanced classro o m s, and a larger and m ore commodious l i b rary, Jacob Burns Moot Court Room, and lobby.

Enjoying the Jobs of Their Lives:Alumni on the Bench . . . . . . . . . . . . . . . . 2 5In speaking to seve ral alum ni who now sit as judges, Jeff Sto rey found that the day-to-day tasks and the ways these grads came to their jobs often are quite different. H o we ve r, they did have one thing in common: They all a g ree they are in the job of their live s.

BY J EFF STO REY ’01

L I F EC a rdozo

D e p a r t m e n t sA round Campus . . . . . . . . 3C l i n ton Re c e i ves Ad vocat e for Pe a c eAwa rd • Card o zo Announces Cap ita lCam paign • Students Raise $40,000 • Card o zo Publications Win Honors • Te l e c o n f e rencing Facility Opens •Schuck Examines Dive rsity • ScholarsDiscuss IP • Baseball and the Law •Moot Court and Trial Team s Win •Ethics Center Fo s t e rs Dialogue • BoiesG i ves Insider View • Langfan Fa m i l yFunds Contest • Negotiation Te a m sWin • Squadron Pro g ram Re c e i ve sG rants • Divo rc e, Victo r i a n - S t y l e

Faculty Briefs. . . . . . . . . . 1 3Thirteen Pro f e s s o rs To Visit •Rosenfeld: Sleepless on Sabbatical

Alumni News & Notes . . . 3 2Commencement • Reunions • Alum niFe a t u red in the Ne ws • Card o zoBecomes CLE Provider • Alumni in D.C.• 3L Challenge Launched • New GivingC i rcles Support Capital Campaign

S U M M E R 2 0 0 1

COVER ILLUSTRATION: MARIO STA S S O L A

BEN JA MIN N . CARD O Z O

SCH O O L O F LAW

Jacob Burns I nst i tu te forAdva nced Legal Stud iesYesh iva Un iversi tyB rookdale Cen ter55 Fifth Av e n u eNew Yo rk, New York 10003 -4391

Pau l R. Ve r k u i lD e a n

S t e w a rt SterkSen io r Associate Dean

Matthew L evineAssociate Dean fo r Busi ness Aff a i r s

J acquelyn Bu rtAssi stan t De an fo r P l a c e m e n t

Judy MenderAssi stan t De an fo r Student Serv i c e s

R o b e rt Schwart zAssistan t De an fo r A d m i s s i o n s

BO A RD O F DIRECTO RS

Earle I. MackC h a i rm a n

Sheldon H. Sol owStephen B. SiegelVice C hairm e n

B a rry A. ShenkmanTre a s u re r

Ronn i e HeymanS e c re t a ry

R o b e rt M. B ere n

Leon Black

H a rvey R. Blau

L eon H. Charn e y

Hon. Sandra J. Fe uerstein

A rthu r M. Gol dberg *

M o rris Go ldfarb

Sh immie Horn

E. Bi lli Ivry

Eric M. Javi ts

D r. I ra Kukin

J onathan Kuki n

D r. Norman Lamm

Hon. F rank R . Lau tenberg

Thomas H. Lee

Mark S. L ieberm a n

J e ff rey H. Lo ria

L a w re nce Ruben

Stephen J. Schu lte

B a rry K. Schwart z

Bonn ie Steingart

Te r ence A. Todman , Jr.

Ra chel L. Wa rre n

Stephen A. We i s s

Sigg i B. Wi l z i g

Selig A. Zises

H o n o r a ry Di re c t o r s

J oseph Appleman

Hon. Marvin E. Frankel

Hon. Stanley H. F u ld

Abraham S. Guterm a n

P rof. Louis Henkin

Samuel J. He yman

Edgar J. Nathan III

Romie Shapiro

* d eceased

D I R E C T O RY

General Te l e p h o n e2 1 2 - 7 9 0 - 0 2 0 0

A d m i s s i o n s2 1 2 - 7 9 0 - 0 2 7 4

Alumn i Aff a i r s2 1 2 - 7 9 0 - 0 2 9 3

Chutick L aw L ibrary2 1 2 - 7 9 0 - 0 2 8 5

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Web Sitew w w. c a rd o z o . y u . e d u

IN A MAN HAT TAN E XHIBIT SHOWCASI NG WO MEN LAWYERS, THERE I S A

p h o to of Im migration Judge Annette Elstein swearing in her daughterS a n d ra J. Fe u e rstein ’79 as a just ice of the state Supreme Court. They arethought to be the first mother-daughter judicial team in the nation.

The fact that women could become attorneys never seemed unusualto Fe u e rstein. After all, her mother wo r ked at Legal Aid for more than 30y e a rs befo re becoming an immigration judge. Howe ve r, Fe u e rstein neve r

J e ff Storey ‘01

E n j o y i n g t he J o bs o fT h e ir L i ve s :

A L U M N IO N T H E

B E N C H

Many of Card o zo ’s graduates are making a significant impact on

society as in terpre t e rs of the law. Considering that Card o zo is such

a young school, there are a remarkable number of alumni sitting

as judges in Housing Court, the Civil Court, Family and County

Court, the Appellate Division of state Supreme Court, and federa l

I m m i g ration Court.

They are appointed or elected and come to these positions with

solid legal training, superior re s e a rch and writing ability, an d with

a “judicial temperament” an d “people skills.” Among the judges fro m

C a rd o zo there are those who encourage litigants to settle disputes in

ways that provide a measure of justice to both sides and those who

act as gateke e p e rs for busy courts, determining which issues should

go to the jury. Some decide whether fo reign nationals should be

a l l o wed to enter the United States or fo rced to leave the country.

O t h e rs shield children from neglect and abuse and work to ensure

that defendants re c e i ve the process that is their due. All feel they have

the jobs of their live s.

g a ve much thought to becoming a lawyer when she wa sg rowing up. After graduating from college, she married,m o ved to Long Island, and taught school for six years.She stayed home while her ch ildren we re young.

When their two sons we re five and six years old,Fe u e rs t e i n ’s husband, who also is an attorney, asked herwhat she planned to do when the children sta r t e dschool. He showed her an advertisement for a new law

school Ye s h i va Unive r sit y was starting. Fe u e rstein joinedC a rd o zo ’s first graduating class and now is its highest-ranking judicial alumna.

Fe u e rstein loved law school from the moment shes tart ed, although some adjustments we re necessary. Sherecalls sitting at the kitchen table for seven hours, re a d-ing and re reading her first Property assignment . Shee ventually unlocked the legal code, howe ve r, gra d u a t i n gwith honors. And she was inspired by pro f e s s o rs likeMalvina Halbers tam, “a most brilliant person,” fro mwhom she took Criminal Pro c e d u re and seve ral otherc o u rs e s. Fe u e rstein herself is the co- author of a tre a t i s eon New York criminal p ra c t i c e.

The hardest part of going to law school was the guiltshe felt about spending so much t ime away from herfamily. In re t rospect, “it was probably a wonderful thingI did for them,” she says. “It gave them an unders ta n d i n gof how hard you have to work to achieve your goals. ”

Fe u e rstein, who always knew she wanted to go intog o vernment, was h ired as a law clerk for the justices inNassau County Supreme Court and then as a matrimo-nial re f e re e, and then as a law clerk to the administra t i ve

j u d g e. Meanwhile, she had become polit ically active inher community. She was elected to the District Court asa Republican and served from 1987 to 1993. She wa selected a state Supreme Court Just ice in 1993 andappointed to the Appellate Division in the SecondDepartment in 1999, the first woman from the 10th jud i-cial district.

As a District Court judge, Fe u e rstein was close to lit i-g a n t s, giving her “this tre m e n-dous feeling” that she was accom-plish ing something on a one-to -one basis.

She liked the give - a n d - ta ke oftrials in the Supreme Court—shehad loved Evidence in lawschool—and was gratified thatj u ro rs took their role so seriously.E ven though she has moved up tothe Appellate Division, she wo u l dl i ke to preside over a trial fro mtime to time.

“After a while, I fear that youlose your pers p e c t i ve about whati t ’s like to be a trial judge and ap racticing attorney,” she says. “Idon’t want that to happen.”

The Appellate Division court-house is locat ed in Bro o k l y n .Fe u e rstein and her colleagues—

including the just ice she wo r ked fo r as a law clerk—review lower court decisions in all kinds of cases thatoriginate in a geographic region stre tch ing from theHudson Valley to Long Island. The court has a heavycaseload, and justices must comb through pre c e d e n t sand written re c o rd s.

“ We are reading day and night, seven days a we e k , ”Fe u e rstein says. “Thank goodness for the computer.” Ita l l o ws her to do legal re s e a rch at home.

Fe u e rstein is sometimes frust rated by lawyers who donot argue their cases in person. She advises atto r n e y swho do appear not to waste time with opening sta t e-m e n t s. “We ’ re a hot bench,” Fe u e rstein says. “We ’ re no t aju ry. We know your case pretty, pretty we l l . ”

She is concerned that the re p u tation of the courts ing e n e ral has suffered from attorneys who are not polite totheir adve rs a r i e s. Also, their d ignity has been compro-mised by the inaccurate portrayal of judges on televi-sion. Fe u e rstein is appalled that the judges of daytimetelevision shows spend so much of their time “scre a m i n gat everybody.” She says that young people should betaught that the law “can be used but also can be abused.”

2 6 C A R D O Z O L I F E

A LU M N I O N T H E B E N C H

Sandra Feuerstein ’79

S UM M E R 2 0 0 1

CIVIL CO URT JUDGE MA RTIN SHU LMA N ’81 SAYS H E IS IN

“the serv ice business. ”The judge’s custo m e rs, the litigants who appear

b e fo re him, want a disposition of their cases. He tries tom a x i m i ze what he can do for each one. Litigants maynot be to tally happy—after all, t he custo m e rs are nota l ways right in this arena—but they do re c e i ve duep rocess and the opportunity to be heard on somethingthat matters a great deal to them.

In short, “you’re performing justice,” Shulman says.Frequently , the court’s service is to bro ker a compro-

mise that avoids need less expense and gives the partiesa piece of what they wa n t .

Some judges are known as scholars. Others arere g a rded as excellent trial managers. In fact, a goodjudge has to do many things well, and Shulman says h isp e r formance demonstrates the needed ve rs a t i l i-ty. Howe ve r, working with litigants is his stro n gsu it. “I’m told that I am very good at settlingc a s e s,” he says.

Shulman, who is also a graduate of Ye s h i vaC o l l e g e, says that his decision to become alawyer was a natural p ro g ression from theTalmudic educat ion he re c e i ved. His pers o n a land academic life “c o n s tantly invo l ved an appli-cation of law.” His religion makes him sensitiveto moral issues, although it does not water downhis obligation to be impartial.

At Card o zo, he re c e i ved “a very good legaleducation” from pro f e s s o rs who made dry cours-es very exciting and “fo rced you to think.” Afterg raduation, he honed his skills as an advo c a t e,f i rst working in the public secto r and then fo r ap r i vate firm. He wo r ked hard for his clients butsometimes found himself telling colleagues, “Ithink we ’ re wrong.” He eventually decided thathis personality was more suited to disposing ofcases than for advo c a c y .

Shulman, who has four daughters and isa c t i ve in community affa i rs, also grew tired ofthe unpre d i c table and lengthy hours of priva t ep ra c t i c e. “ I had no life,” he says. The judge stillworks from around 8 a.m. to 7 p.m., but now thes t ress comes from making the right decision.

In 1994, Shulman, a Democrat, was elect ed toa 10-year term in the New York City Civil Court.He was appointed an acting New York Sta t eS u p reme Court Just ice in 1999 and supervisingjudge of the 13-judge Manhattan Civil Court earlythis year. He did not re g a rd his selection as ajudge as the pinnacle of his care e r, but as an

extension of his p revious care e r.Shulman says that judges must have a good tempera-

ment, the ability to listen carefu lly, and good peoples k i l l s. As he to ld the New York Law Journal, “I like atto r-neys who are not ‘form over substance’ oriented and areopen-m inded and pragmatic about resolving disputes. Id i s l i ke attorneys who are arrogant and ill-humore d . ”

In bro kering a settlement, Shulman fa m i l i a r i zes him-self with the issues of the case befo re him and tries tofocus quickly on what the parties are seeking. As a go-b e t ween, he fo l l o ws a few simple rules: Ne ver re c o m-mend a particular disposition, never betray a confi-d e n c e, and never fo rce a side to bid against themselve s.

“ I t ’s a dance. Sometimes a dance works quickly.Sometimes it ta kes a little longer…. When it’s settled, it’sre wa rding,” he says.

A LU M N I O N T H E B E N C H

M a rt in Shu lma n ’81

I M M I G R ATIO N JU DGE NOEL ANNE FE RRIS ’80 WON’T EV E R

fo rget the man from Albania who recently appeared inher small courtroom to seek asylum in the United Sta t e s.

He was about the same age as the judge, 50, but hel o o ked like he was in his late 70 s. Howe ve r, his deterio-rating physical condition was not caused by polit ical per-secution. Inst ead, it stemmed from working for decadesas a coal miner in a poor country.

That did not m eet any of the narrow grounds Con-g ress has appro ved for political asy lum. Humanita r i a nconcerns are not enough to admit all fo reign nationalswho seek refuge in the United Sta t e s. “I could not find away of granting that case,” Ferris said of the Albanian.

Ferris has wo r ked as a judge in Manhatta n ’s Immigra-tion Court for seven years. The court is part of theUnited States Just ice Department, but it is independentof the Immigration and Na t u ra l i za t i o nS e r v i c e. Ferris and her colleagues interpre ta body of law that is “one step wo rse” thanthe infam ously com plex Internal Re ve n u eC o d e. Two other Card o zo graduates alsowork as immigration judges in Manhatta n :S a rah Burr ’80 and Matthew Adrian ’87.

“This is a real court,” says Fe r r i s, whowe a rs a black robe when she is sitting.Judges are presiding “almost all the time, ”so there is little time for re s e a rch or re f l e c-tion. They ask questions and are ex p e c t e dto make oral ru lings. Howe ve r, there is noclerk and no stenogra p h e r. The pro c e e d i n g sa re re c o rded on a tape re c o rder operated bythe judge.

At the hearings, “e verybody has a d iffer-ent story to tell.” Th is variety helps keep thework “fresh and interesting;” Ferris ex p e c t sto spend the rest of her career on the court.The stories also have given her a uniquep e rs p e c t i ve on current int ernational affa i rs.The testimony has convinced her that “it isshock ing and immoral” to ignore humanrights abuses around the world. “We have aresponsibility to p re vent people from mur-dering each other. ”

Ferris was one of m any students atC a rd o zo seeking a second care e r. She hadwo r ked as an assistant to the fashion dire c-tor of B. Altman for four years after gra d u-ating from college. She enrolled in lawschool because she wanted to work as thea d m i n i s t ra tor of a charity and was tired ofbeing asked how fast she t yped. At first, she

was a little scared, but was stimulated and challenged by“an incredible faculty” of pro f e s s o rs like Te l fo rd Ta y l o r,S t e wart Sterk, and Pet er Lushing. Within two we e k s,Ferris discove red that she loved litigation.

The Law School did not teach Immigration Law whenFerris was a student. She took up the field later becauseshe wanted to work for the United States At to r n e y ’sO f f i c e, and that’s where the opening wa s. After leavingthe office, she practiced immigration law at a priva t efirm befo re being appointed an immigration judge.

Last year, a California newspaper rated Ferris theeighth toughest of more than 200 imm igration judges ing ranting asy lum re q u e s t s. Ferris says that such compar-isons ignore d ifferences among immigrat ion courts. TheM a n h a t tan branch is the busiest in the nation, dra wsp e t i t i o n e rs from an unusually large number of coun-

2 8

A LU M N I O N T H E B E N C H

Noe l Anne Ferris ’80

S U M M E R 2 0 0 1 2 9

t r i e s, and has a large asy lum caseload. It calls oni n t e r p re t e rs who speak more than 60 languages.In a given week, Ferris may hear cases from nineor more countries. Chinese and Albanians arethe most common petitioners, but on a singleday recently, Ferris heard cases involving nation-als of both Outer and Inner Mongolia.

Att empts at fraud are com mon, and Fe r r i sworks hard to detect it . “I ta ke my oath of officevery seriously,” she says. Howe ve r, she cannotblame people who have had “awful lives” and tryto get into the United Sta t e s. “There ’s nothing sowonderful as being able to tell people they cans tay here for the rest of their live s, especiallywhen terrible things have happened to them intheir home countries. ”

WAITING FOR HER CASE S TO BE CALLED A S A FED-

e ral defender, Dianne T. Renwick ’86 used to passthe time pondering “what the judge should do” inresponse to the various legal issues befo re thecourt. “Not only was I analyzing the judges’ deci-s i o n s, but I was enjoying the p ro c e s s,” she says.When she got the opportunity, Renwick wa sdelighted to make the judicial calls for re a l .

Renwick, born and raised in the Bronx, saysshe enrolled in law school because “ I was alwa y si n t e rested in fa i r n e s s, in civil rights and humanrights and law seemed like the perfect ave n u et h rough which to pursue these intere s t s.” Shewas impressed by what Card o zo had achieved ina short period of time and by the faculty , but says, “Idon’t think I appreciated the Socratic method as muchthen as I do now. ”

She participated in the law school’s Criminal AppealsClinic and the Criminal Law Clinic, experiences that shefound re wa rding, if a little intimidating at times. “I en-joyed exp loring what the work of a lawyer entailed,” shes a y s. Howe ve r, becom ing a judge was not in the fo re-f ront of her mind . “There was too much I felt I neededto accomplish. At that time, becom ing a good lawyer wa smy primary goal.”

After law school, Renwick wo r ked in the Bronx officeof the Legal Aid Society for two and a half years. Shethen spent eight years in Brooklyn as a trial attorney inthe Society’s Fe d e ral Defender Division, re p re s e n t i n gclients charged with drug importation and other majorf e d e ral offenses in the United States District Court fo rthe Eastern District. “I loved the work. It was challeng-ing and stimulating,” she says, adding that “e ven now I

sometimes m iss the excit ement of trying cases. How-e ve r, I do not miss the long hours during trials or thetime away from my fa m i l y . ”

In March 1997, she was appointed a Housing Courtj u d g e. Less than a year later, she was elected to the CivilCourt. She would like to someday move on and becomea justice of the State Supreme Court, but says, “Being ajudge is a constant learning experience and I’m stilll e a r n i n g . ”

Renwick, who is 40, was the youngest African-American woman elected to the Civil Court in Bro n xCounty. Civil Court judges handle a broad range ofissues that she finds very interest ing. “You have anopportunity to really see the community and assist peo-p l e,” she says. A Bronx criminal court judgeship was notan option because Renwick is married to Ro b e r tJohnson, the Bronx County District At torney. Althoughshe could have sat in another borough, she pre f e r red toremain close to her two young childre n .

Dianne T. Re nwick ’86

Among the most important qualities for a judge is“ p a t i e n c e,” Renwick says. The Civil Court sometimes iscalled the “Pe o p l e ’s Court” because litigants use its SmallClaims Court to press their claims without the assista n c eof counsel. This is gratifying to Renwick, who finds that“people want someone to listen to their case.” She con-t i n u e s, “Not surprisingly, they feel good when the judgeand court personnel treat them with re s p e c t . ”

T HE RE ACTIO N OF MERYL BERKOWI TZ TO T HE QU ES-

tion was what you might expect from a ve t e ran triala t torney. “I screamed out ‘objection’” says Berkowitz ’81 .

But Berkowitz was not acting as one of the lawyers inthe case. She was the judge.

“I guess the objection is sustained,” one of the lawyersnoted wryly.

B e r ko w i t z ’s momentary disorientation was under-s ta n d a b l e. In 1999, she was one of the first Democra t i ccandidates in 60 years to be elected a county judge inNassau County, a Republican stronghold until the col-lapse of the county ’s finances. (David Gross ’87 wa selected a District Court judge in the same election. DanaM i tchell Jaffe ’86, also a Nassau County District Court

j u d g e, was elected in 1996.)When the Democrats approached her to run, the firs t

reaction of the previously nonpolitical Berkowitz wa s,“Why should I do that ? I can’t win.” She was m ore thansurprised by her victory. “I was shocke d . ”

B e r kowitz grew up on the South Shore of Long Island,only four miles from where she now live s. At Card o zo ,she signed up for what was then the recent ly esta b l i s h e dCriminal Law Clinic, an experience that helped get hera job at Nassau County Legal Aid, where she wo r ked fo r16 years, rising to a supervisor’s position. With thre eyoung daughters at home, she eventually left the agencyand was in private practice when she ran for judge.

Many judges come from a background as pro s e c u to rs,but Berkowitz said that defense attorneys also makegood judges. For one thing, after years of dealing withd e f e n d a n t s, “I know all the sto r i e s.” More important, as adefense attorney , “you try very hard to be fa i r,” she says.

I ronically, given her professional background, Berk-owitz initially was not assigned to hear criminal cases.With crime rates falling recently, there is a greater needfor judges in the civil arena. Berkowitz found herself pre-siding over accident and divo rce cases as an acting sta t eS u p reme Court justice. Her cases have called into play

A LU M N I O N T H E B E N C H

M e ryl Berkowitz ’81 (center)

with Da na Mitchell Ja ffe ’86

and David A. Gross ’87

other aspects of her ex p e r i e n c e. “Anybody who is mar-ried can identify with the problem s in a marriage,” shes a y s. It has been an adva n tage to work with people whoh a ven’t already formed an opinion of her. “I started outmy career as a judge in front of people who didn’t knowme as a lawyer. ”

All in all, “it’s been a re a llearning ex p e r i e n c e.” Shewishes that “e very lawyercould sit on the bench andwa tch things from that va n-tage point.”

B e r kowitz, who was elect-ed for a 10-year term, adds,“I’d like to have this job for avery long time. ”

FA M I LY CO URT JU DGE JA N E

PEARL ’87 sat behind a va s ebrimm ing over with purplef l o we rs and listened as thea t torney for a mother with atemper said she did not wa n tto go to anger managementt h e rapy . “My client doesn’twant to go to any m ore pro-g ra m s,” the at torney said.

Pearl said that the wo m a ncould attend family counsel-ing. The counselor would decide whether any addition-al therapy was needed to repair the wo m a n ’s re l a t i o n-ship with her daught er.

The Card o zo graduate has been decid ing such issuessince she was appoint ed last year as one of a dozen Ne wYork City Family Court judges in the Bronx. Her princi-pal ro le is to hear cases involving the abuse and neglectof children. The work “ interests me in ways that are bothlegal and deeply emotional,” she says.

Pearl seeks to marshal the re s o u rces of the legal andthe therapeutic communities in a pro - a c t i ve, yet flex i b l ee f fort to protect child ren and pre s e r ve fa m i l i e s. Outsideher small courtroom, dozens of adults and children milla round a larg e , noisy waiting room, waiting their turn toappear befo re Pearl and her colleagues.

Some judges are demora l i zed by the confusion andwhat they re g a rd as the futility of their effo r t s. Pearl saysthat it is important to guard against judicial burnout, but“it is possible to judge without being judgmental.” Shesays she has no p lans to use her current position as as t e p p i n g - s tone to another judgeship. “I cannot think of

any job that I would like more,” she says.Pearl came to Card o zo already interested in fa m i l y

and juvenile delinquency issues. She had a docto rate inpsychology and thought that a legal degree “would be anexcellent addition for helping people.” The schoolseemed sympathetic to people starting a second care e r,

and she was attracted to “the wonderful p ro g ram in lawand litera t u re” taught by Prof. Richard We i s b e rg .

While at Card o zo, Pearl participated in a summerseminar on judicial ethics that included an internship atFamily Court. After graduation, she wo r ked as a law sec-re tary for two years and in the family law department ofa private firm befo re going on maternity leave. Shereturned to Manhattan Family Court as a hearing exa m-iner and re f e ree befo re becoming a judge hers e l f .

Pearl says that she does not act as a therapist on thebench, but her psychology training helps her assess theevidence in the cases befo re her. As a judge, she mustpay attention to immediate deta i l — w h a t ’s happening ina child’s daily life—and to “global constructs”—whatneeds to happen as the child gro ws and deve l o p s. Thecourt is busy, and Pearl must be very careful that shedoes no t miss something important in a rush to movecases through the syst em.

Caseload delays cause pain to parents and childre n ,Pearl says, “but you can move cases along in a way that’sa t t e n t i ve to the needs of the parties.” ■

A LU M N I O N T H E B E N C H

S U M M E R 2 0 0 1 3 1

Jane Pearl ’87

Alan DershowitzDelivers Commence-ment Addre s s

The Class of 2001 celebra t-ed Card o zo ’s 23rd com-mencement in Ave r yFisher Hall of LincolnCenter for the Pe r fo r m i n gA r t s. Alan Dershowitz, Fe l i xFrankfurt er Professor atH a r va rd Law School, deliv-e red the keynote addre s s,u rging graduates to be wa r yof the t re a c h e rous ethicalconflicts they will face asl a w y e rs. He asked them tod e l i b e rately choose a moral system for gu idance.

A festive mood pre va i l e das 298 men and wo m e nre c e i ved J.D. degrees and46 re c e i ved LL.M. degre e s.

Many students we re hon-o red for distinction in acad-emics and contributions toj o u r n a l s, the community,and various fields of law.

Jocelyn Laura Santo ,who was the only memberof the class to gra d u a t esumma cum laude, re c e i ve dthe Louis D. Bra n d e i sAwa rd for best academ icre c o rd over three years;

LL.M. gra d u a t eA n d reas Ka r lA s c h e n b re n n e rre c e i ved the Louis

Henkin Awa rd , also fo rsuperior scholars h i p .Melissa M. Mathis wa sg i ven the Felix Fra n k f u r t e rAwa rd for outstanding academic maturity, re s p o n-sibility, diligence, and judgment; the SamuelBelk in Awa rd for scholastica c h i e vement coupled withexceptional cont ributions tothe Law School was give nto Alan Gotthelf.

S e ve ral pro f e s s o rs we r e

h o n o red as well. The LawSchool gave Dean Stewa r tSterk the Monrad G.Pau lsen Awa rd for devo t e dservice to the vita l i t y ,i d e a l s, and purposes oflegal education. Each year,the graduates select theirfa vorite members of thefaculty and administra t i o n .A n d rew Leftt, SBA pre s i-dent, presented the awa rd sto this year’s winners: LarryCunningham ’88, EvaH a n k s, and Gary Galperin’80, adjunct pro f e s s o r. LynnWishart was re c o g n i zed fo rthe most outstanding assis-tance to students. TheA n i ta Wa l ton Awa r d for besta d m i n i s t ra tor was given toIsabel Balson, re g i s t ra r.

A L U M N In e ws & notes

Eva Hanks ,

best

f i r s t - y e a r

p ro f e s s o r

G a ry Ga lpe rin, best

ad junct p ro f e s s o r

A n d rew Le ftt , SB A p reside nt ,

p resente d the facu lty award s .

L a rry Cunn ingham,

best p ro f e s s o r

C o m m e n c e m e n t

speaker Alan

Dershowitz, Felix

F r a n k f u rter Pro f e s s o r,

H a rv a rd La w Schoo l

Studen t speaker

Sco tt McCoy

Y U

P re s i d e n t

N o rm a n

L a m m

C a rdozo Chairm a n

Ea rle I. Mack

Ala n Go tthelf, Samuel Be lkin

Aw a rd winner, and

Ada m Gran t , SBA le ader

3 3

30 Named to O rder of the Coif

In a ceremony that to o kplace just befo re com-mencement, 30 J .D. stu-dents re c e i ved the Order ofthe Coif, the legal honorthat is besto wed on thosewho finish in the top 10p e rcent of the class. BonnieSteingart ’79, a member ofthe Card o zo Board ofD i re c to rs, re c e i ved an hon-o rary Order of the Coif.

Class of 2001:

B rooke Robyn Bass

M a rt in Earl Beele r

K a re n Bekker

T h e re sa Marie Be vilacqua

Jenn ifer Nicole Deitch

David Todd Feuerste in

A a ron Edwa rd Fre d r i c k s o n

Dan iel Steven Gord o n

Alan Go tthe lf

Adam Keith Grant

Jona than E. Gro s s

Dan iel Je remy Haies

Jason Ell iot Ha lper

Steven J. Horo w i t z

Rache l Brooke Jaff e

A l b e rt N. Lung

Neeli Berger Marg o l i s

Me lissa M. Math is

Ju lia Lou ise Mattson

Scott Dan iel McCoy

Michelle Mon ique Micio tto-K o s t u n

Michael J. Parr i s h

Sco tt Jonathan Posner

Dennis Rimkuna s

Michael Howard Rogers

Jocelyn La ura San to

Kara B lair Sch issler

Dmitriy Sh leymovich

M a rc H. Simon

Ju lie C. Yo u n g

Jocelyn Laura San to

received the Louis D.

Brandeis Aw a rd

Micha el Tu rn e r

and Vivian Wa l t o n

Mark Mukasey ’93 hoods Beth Fro m

Dean Pau l Verku il with new

membe rs o f the Order o f the Co if

J e n n i f e r

Deitch and

R o b e rt Davis

Annita Swait ,

LL.M. gra dua te

NYU Pres iden t Jay

Oliva hoods Dan iel

R e g a n

Alumni Featured in New York LawJ o u rn a l

P roud to PracticePer sonal Injury Law

People always told C h u c kS i l ve rs t e i n ’84 he would bea good lawyer. It appearsthat after 17 years of pra c-tice he has pro ved themright. A former musicianand bartender, Chuck isnow a successful medicalm a l p ract ice plaintiff’s at to r-ney, with more than ad o zen seve n - f i g u re settle-ments and ve rd icts underhis belt. He obtained hisf i rst part-time job duringlaw school through theplacement office, and afterg raduation joined the lawfirm of Kramer Dillof Te s s e l

Duffy and Moore, where hebecame known for suchstunts as bringing a pianoi n to a courtroom. To d a y ,after 11 years as a solo pra c -t i t i o n e r, Chuck has the lux-ury of choosing h is casesc a refu lly, accepting only afew per year.

How does ChuckS i l ve rstein select a case? Hesays it has to be somethingsignificant, either in magni-t u d e, in a point of law, orw h e re some injustice clear-ly has been done. Chuckhas re p resented someu n l i kely clients including ah e roin abuser and a manwho lost his winning lo tteryt i c ket, as well as othern e ws worthy cases thata p p e a red on the cover ofthe New York Law Journal.

Chuck thinks about the

n e g a t i ve public image ofp e rsonal inju ry atto r n e y se very day. He found thatthe best response is toe s tablish yourself as a cre d i-ble attorney and to notaccept frivolous cases.Chuck is clearly p roud ofthe practice he’s built, andp roud to know that some ofh is cases have been used asexamples at seminars d is-cussing issues such as howto handle liens and the useof expert witnesses. Aft ery e a rs of solo pra c t i c e,Chuck will soon have ap a r t n e r, Michael Bast, whohas been working with himfor about seven years.

Chuck reminisces aboutC a rd o zo, particularly withre g a rd to his number ones tatus at the old pinballmachine and number twos tatus in Ms. Pac Man. Healso re m e m b e rs well anum ber of faculty m em-b e rs, includ ing Pro f e s s o rsJacobson, Shupack, andZelinksy. Chuck is a re g u l a rparticipant in Card o zo ’sI TAP pro g ra m .

Civil Divorce Drives aWe dge f or Cl ient’s Ge t

The world of matrimoniallaw is anyth ing but ro u t i n eto J ay Butterman ’89, a

ve t e ran of numerous con-t ro ve rsial cases. Jay, alongwith his partner and fellowC a rd o zo graduate D e b o ra hKa h n ’83, recently wo nGindy v. Gindy, in which aB rooklyn judge ruled that ahusband who refused tog i ve his wife a Jewish re l i-gious divo rce (Get) mustp rovide lifet ime support fo rhis ex - w i f e. The decision,reported on the front pageof the New York LawJ o u r n a l on May 3, has a sig-nificant impact on theO r t h o d ox Jewish communi-ty. Mr. Gindy will have top rovide permanent mainte-nance payment s to his ex -wife desp ite their short,childless marriage based onthe fact that as a memberof the Syrian OrthodoxJewish community inB rooklyn, she would neve rbe able to remarry withinher community without theGet. Jay hopes that this rul-ing will help Mrs. Gindy too b tain the Get , since hergetting married again is theonly way to end the hus-b a n d ’s obligations.

Jay has had other news-worthy cases re c e n t l y ,including an important ruling from the New Yo r kCourt of Appeals invo l v i n g

( F rom left) Ron Geffner ’91, Martin Sta nk iewicz ’00 , Dennis Hirsch ’97 ,

and Jeff rey Goldberg ’95, a ll o f Sad is & Go ldbe rg .

C a rd o zo Gains CLE Provider Sta t u sA re c o rd number of alumni came back to Card o zo too b tain som e needed continuing legal education cre d i t s ;they found them selves experiencing nostalgia as they satin a classroom to learn once again about New York CivilP ro c e d u re from Prof. Burt Lipshie. For the 100-plus atto r-n e y s, the event also turned into a minireunion. Now thatC a rd o zo has been appro ved as a New York State CLEp ro v i d e r, many more pro g rams will be offered by the LawSchool and the Alumni Association. The next event will be an ethics course taught in the fa l l .

P ro f. Burt Lip sh ie teaching CLE cou rse to alumni.

3 4 C A R D O Z O L I F E

the rights of children bornout of wedlock, which wa sreported a day later in theMay 4 New York LawJ o u r n a l. The law firmBut term an, Kahn &G a rdner LLP, which Jayfounded in 1991, also han-dles ent ertainment law, re a le s ta t e, general litigation ,and business law and hasre c e i ved the h ighest ra t i n gin Mart indale-Hubble.

J ay “really liked lawschool” and acknowledgesC a rd o zo ’s “ex t ra o rd i n a r yfaculty,” especially fa m i l ylaw professor Bob Dobvish.

Alumni Team Score sConsumer Vi c t o ry

Soon after J e f f rey C. Gold-b e rg ’95 joined fo rces withsolo practitioner Jack Sadisto form Sadis & GoldbergLLC, they extended part-n e rships to Card o zo gra d u-ate Ron Geffne r ’ 91 anda t torney Douglas Hirs c h .To g e t h e r, they have built athriving general practice inm i d town Manhattan. Thefu ll-serv ice law firm re c e n t-ly hired two associates whoalso are Card o zo gra d u a t e s :Dennis Hirs c h ’97 andMartin Sta n k i ew i c z ’ 0 0 .Ron attributes the firm’ssuccess in part to the Car-d o zo team who “because ofthe education they re c e i ve dat Card o zo are, by andl a rg e, entre p renurial andth ink outside the box . ”

Sad is & Goldberg ’s courtv i c tories we re featured onthe front page of the Ne wYork Law Journal t w i c e ;both articles highlighted thef i r m ’s lit igation departmentand its zealous advo c a c yand victories in the area ofconsumer wa r ranty law.

Alumni Admitted to Supreme Courtand Attend a D.C. Reception

On March 27, a group ofalumni we re admitted tothe United States Supre m eCourt and then enjoyed asession of oral arg u m e n t sw h e re they could observethe nine justices in act ion.P rof. Michael Herz, a fo r-mer Supreme Court clerk,made the motion for theg roup and shared someinside information aboutthe Supreme Court at ab re a k fast that morning.Admitted alumni we re( f rom left below) DavidBaskind ’96, Leslie Berman’93, Stephanie Gayden ’93,Averlyn Archer ’93, SusanJohn ’93, Daniel Bernstein’96, and Wayne Halper ’79(not picture d ) .

The evening befo re thes wearing-in, faculty and

s taff met with alum ni at arecept ion at the law firm ofC ro well & Moring, thanksto partner Cliff Elgarten ’79,who is pictured here (cen-ter) with Paul Epstein ’85(left) and Dean St ewa r tSterk. Next year, therewill be a reception fo rD.C. metro alumni onM a rch 19, 2002, fo l -l o wed the next day bya Supreme Court Ad-mission. To be placed

on the mailing list fo reither event , please conta c tB a r b a ra Birch in the Officeof Alumni Affa i rs at 21 2 -790-0293, or by e-mail atb i rch@ymail.yu .edu . Spaceis very limited.

COLLE CTION O F THE SUP RE ME COURT OF THE UNI TED S TATE S

AS CARDOZOLIKES IT

In Feb ru a ry, alumn i

and friends a ttende d

S h a k e s p e a re ’s As Yo u

Like It a t the Storm

T h e a t re. The 50 -p lu s

atte ndees filled the small Off - B roadway the ater, mak ing it

t ru ly a Ca rdozo eve nt . After the perf o rmance, guests a tte nd-

ed a wine and cheese re ce ption w ith the cast . Law rence Kle in

’94 is shown he re with Jenn ifer Piech , who starred in the

show and w as previously on Broadway in Ti t a n i c .

S UM M E R 2 0 0 1 3 5

Reunion Celebra t i o n

The Bear Ballroom at the Russian Tea Ro o mwas a glorious setting for the graduates of theClasses of 1980, 1981, 1985, 1986, 1990, 1991 ,1995, and 1996, who celebrated their re u n i o n son June 7. More than 300 alum ni re m i n i s c e dwith classmates, faculty, and administra to rswhile enjoying some Russian- style delicacies.M e m b e rs of the reunion committee helpede n s u re the eve n t ’s success.

Sta cey Richman ’91, Deird re Wa l d ro n - P o w e r

’91 , and Pro f. Ba rry Scheck

S t e p h a n i e

Kramer ’91

and Ivana

Willia ms ’91

The reunion party was held in the Bear Ballroom at the Russ ian Te a Room.

Susan Pan isch ’96 and Le n Ritz ’96

France s Kaminer-Py le ’80, Ca ro l Schneider-

Levy ’80, and Debb ie Insdorf ’80

Alan Eisenste in ’90 and

P rof. Peter Lushing .

Joan Waks ’85 , Rosemary Byrne ’80 , and Ellen

C h e rrick ’80

Chris topher A. See ger ’90 , Ste phen

A. Weiss ’90 , and Odessa Gorm a n -

Stap leton ’90.

Attention Classes of 1982,1987, and 1992!

Committees are now forming to help

o rgan ize you r class reun ions. Ge t

involve d and ensu re a successfu l even t

fo r your cla ss. Call 212-790-0293 to jo in

(sma ll t ime commitmen t).

P ro f. Melan ie Lesl ie ’91 and

Joseph Fon tak ’91

3 6 C A R D O Z O L I F E

Alumni SupportCapital Campaignwith $100,000P l e d g e s

Stephen A. Weiss ’90 andC a rd o zo Board memberEric M. Javits launched twop restigious giving societiesin October at a we l l - a t t e n d-ed cocktail party hosted bySamuel and Ro n n i eHeyman and featuring atalk by Prof. RichardWe i s b e rg. Graduates whopledge gifts of $10 0 , 0 0 0payable with in five yearsa re invit ed to join TheJacob Burns Pillars ofJustice Society , named fo rC a rd o zo ’s lat e chairman ofthe board. Mr. Weiss and hisw i f e, Debra Weiss ’90, we rethe first to step fo r wa rd .O t h e rs include JamesS c h walbe ’93, Evan Berg e r’92, and Jonathan Ku k i n’87, who made an addition-

al pledge to support theKukin Center for ConflictRe s o l u t i o n .

The Scales of JusticeSociety is designed fo rthose who want to m ake a$ 100,000 gift but desire am o re flexible time span topay it. Mitchel A. Maidman

’88 and Adam S. Gottbetter’92 are the first alumni tojoin this important initia-t i ve. (For more info r m a t i o non joining either givingsociety , please call Debbie Niederhoffer,D i re c tor of Development, at 21 2 - 7 9 0 - 0 2 8 8 . )

3L Challenge Looksto the Future

The 3L Challenge, inaugu-rated last year, is a classgiv ing pro g ram in whichstudents show their intentto becom e active alumni bym aking multiyear pledgesto Card o zo. Th is year, stu-dents chose to designatethe gift for a broad spec-trum of pro g r a m s, includ-ing the library , loan re p a y-ment p ro g ram, PublicI n t e rest Sum mer Stipend,and the Online Journal ofConflict Re s o l u t i o n . T h ec o m m i t t e e, spearheaded byPeggy Sweeney ’01 ,includes members of the

class of ’01: Catherine Alin,Re u ven Falik, Ry o nFleming, Sara Gers h u n i ,Melanie Hayes, Ke v i nH e l l e r, Rachel Hirs c h f e l d ,A l exa n d ra Hochman,S h a ron Beth Kristal, SimmiP rasad, Dennis Rimkunas,Lisa Tuntigian, and Ro bZanetti; Class of ’02:Cynthia Devasia, Ra c h e lPo s n e r, and MelissaS t e wart; and from the Classof ’03: Deborah Ginsbergand Brian Kidd, and LL.M.candidates Shakeel Ahmadand Pilar To ro ’02.

S UM M E R 2 0 0 1 3 7

P ro f. Richa rd We i s b e rg spoke in the home of Ronn ie and Samuel

Heyman on “Recen t Even ts in Ho loca us t Restitution Lit igation .”

David Berg FoundationS u p p o rts Publi cI n t e re s t

The ne wly estab lished David

B e rg Foundation made a g rant

o f $50,000 to support pub lic

i n t e rest stipe nds for Ca rd o z o

studen ts. Twen ty studen ts have

been na med David Berg Fellow s

in Pub lic Interest La w for 2001

and received $2,000 to $3,200,

enab ling them to take unpaid

summer posit ions.

They worked at such o rg a n i-

zat ions as Vo lun teer Lawyers

fo r the Arts, US Atto rn e y ’s

O f fice for the Eastern District o f

New York, Asian Pacific

America n Legal Cente r, Sou th

B rook lyn Legal Serv i c e s

F o r e c l o s u re Preven tion Pro j e c t ,

C a rd o z o ’s Innocence Pro j e c t ,

the Le ga l Aid Society, and

South Brooklyn Legal Serv i c e s .

The late Da vid Berg serv e d

on Card o z o ’s Boa rd fo r 10 years

beg inning in the early 1980s.

During h is l ifetime Mr. Be rg

s u p p o rted numerous education -

al, cu ltural, and social nonp ro f i t

o rgan izat ions. The Foundation

continue s h is le gacy.

Pa rents Attend BrunchThe first annual Card o zo Pa rents Day for all J .D. andL L . M . students and their families was held on asnowy January day. After a champagne brunch ,guests to u red the building and heard about p lans fo ru p g rading facilities and then attended miniclassestaught by members o f the fa c u l t y .

J e ff rey and Arlene Cohan with their da ugh ters , Stacey ’02

and Joanna ’04.

Clinton ReceivesAdvocate for PeaceAw a rd

To a sta n d i n g - ro o m - o n l yc ro wd of students and faculty who ro a red theirenthusiastic gre e t i n g s, fo r-mer president WilliamJ e f f e rson Clinton stro d eo n to the stage in the th irdfloor lounge, where he wa sto re c e i ve the second annual Ad vocate for Pe a c eAwa rd given by the C a rd o zoOnline Journal of ConflictRe s o l u t i o n ( C O J C R ) and theInternational Law StudentsAssociation (ILSA). Mr.C l i n ton was selected by thestudents in these org a n i za-

tions fo r hise f forts to pro m o t epeace in Ire l a n d ,Bosnia, Ko re a ,and the MiddleEast. C O J C R a n dI L SA created thea wa rd in 1999 top rovide re c o g n i-tion and encour-agement for thee f forts of those inthe internationala l t e r n a t i ve d ispute re s o l u-tion community. And asexp lained by the studentsduring the ceremony, thea wa rd is for those who “bytheir deeds and effo r t ssought peace.” The inaugur-al recipient was fo r m e rambassador Richard

H o l b ro o ke, who also attend-ed this year’s event with his son.

In bestowing the en-g ra ved crystal plate to Mr.C l i n ton, Melissa Stewa r t ,p resident of ILSA, andPeggy Sweeney, editor o fC O J C R , quoted Abra h a mLincoln, who once said ,“The best way to destroy anenemy is to make him afriend.” They continued,“ We believe this describesM r. Clinto n ’s approach toconflict resolut ion withinthe international arena. Hebrings people to g e t h e r. Heputs people firs t . ”

In his re m a r k s, DeanVerkuil not ed that thee vent drew criticism andp rotests as well as praise fo rthe former president. How-e ve r, he said, a law school“ t h r i ves on activism, contro-ve rsy and scholarship … itm a kes better lawyers. ”

M r. Clinto n ’s speech wa svery well re c e i ved by the

audience of morethan 300. DeanVerkuil closed thep roceedings bythanking Mr.C l i n ton for “a spell-binding address …what we will

remember from this after-n o o n ’s talk is not yourg rasp of the fa c t s, as daz-zling as that is, but yourhumanity, your sense ofp u r p o s e, your unders ta n d-ing that redemption onearth is possible. ”

M r. Clinton started byquoting Justice Card o zo ,who “once wro te that pro s-perity is in union, not divi-sion.” He tied that themetogether with seve ral oth-e rs: the idea that we are allc reated equal and that noone has a m onopoly ontruth, emphasizing thatpeace re q u i res letting go o fold hatreds and re q u i res theability to visualize a futured i f f e rent from the past. He to ld personal stories of people from whom helearned important lessonsin negotiat ing peace,including Nelson Mandela,King Hussein of Jord a n ,and Yitzak Rabin of Isra e l .

In discussing the Middle

C A M P U Sa ro u n d

S UM M E R 2 0 0 1 3

CARDOZO ANNOUNCES $25 MILLION C A P I TAL CAMPA I G N

C a rdozo launched its first cap ital ca mpa ign with a phase

one goal o f $25 million. Th is is a sma ll bu t significan t

p a rt o f Yesh iva Un iversity’s overall ca mpaign , wh ich ha s

a $400 million goal. At the t ime of the announcemen t in

June, 10 dono rs had committed g ifts o f $10 million or

m o re, p ropelling the Un iversity’s ca mpa ign well over the

halfway mark . As o f the same date, Cardozo had

received g ifts a nd pledges to taling about $13 million—

just a lit t le more than half o f the Law School’s goal. The

monies are ea rmarke d for scho larsh ip s, faculty suppo rt ,

and the renovation and e xpansion o f the facility, includ -

i n g a new Jacob Burns Moot Court Room, expande d

lobby and lib rary, and re n o v a t e d c l a s s rooms.

(Se e pp 20 to 24 .)

M r. Clin ton with Melissa

S t e w a rt ’01 a nd Peggy

Swe eney ’01 (righ t)

East conflict, he noted espe-cially that he was “deeplydisappointed” that he wa sunable in the end to con-vince the Palestinians andI s raelis to make peace. Toclose his re m a r k s, Mr.C l i n ton drew on the teach-ings of the three monothe-istic religions that we reborn in the Middle East,saying, “When Christ wa sa s ked what is the gre a t e s tcommandment, he said tol o ve God with all yourheart, and the second isl i ke it, to love your neigh-bor as yourself. The Ko ra nsays that Allah put on earthd i f f e rent peoples, not thatthey might despise eachother but that they mightcome to know each other

and work together and liveto g e t h e r. And the To ra hsays that he who turnsaside from a stranger mightas well tu rn aside fro mGod. In the name of thesefa i t h s, people have fo u g h teach other over that tiny,sanctified, and sullied pieceof land .” Howe ve r, he con-tinued, if you believe that“ we are all children of God,c reated equal … thene veryone has a role to play[ working for peace] and wewill all be better when wehelp each other. ”

He challenged the stu-dents and asked, “Do youb e l i e ve that no one, eve nyou, has the monopoly ontruth? Do you have thes t rength of chara c t e r, the

wisdom, to let go? To re a l -i ze that you are never goingto get even and that eve r yday you remain in the gripof a hatred is a day that youg i ve up to your demons,giving them permission tosteal your life away fro myou day by day by day?Can you imagine that to-m o r row could be d iffere n t ?The degree to which youngpeople like you, blessedwith good minds, good fo r-t u n e s, and good education,b e l i e ve those things willdetermine the shape of theworld we live in.”

C a rdozo PublicationsWin Honors

The student news p a p e r,The Card o zo Insider,re c e i ved an Honora b l eMention in the best news-paper Web sitecategory by theNew York Pre s sA s s o c i a t i o n ’sannual BetterCollege Ne ws-paper Contest.The Card o zo bulletin, p re-p a red by theLaw School’s

Office of Communicationsand Public Affa i rs and usedby the Admissions Office inrecruiting students, won aB ro n ze Awa rd for exc e p-tional quality, cre a t i v i t y ,and message effective n e s sf rom the Ad m i s s i o n sM a r keting Report Ad v e r-tising Awa rds Competit ion.

New Te l e c o n f e re n c i n gFacility Expands Reachof “Wro n g f u lConvictions” Course

Last February , as studentsbegan to enter the newlyo p e rational video confer-encing classroom atC a rd o zo, they could see second- and third-year lawstudents at Duke, No r t h-western, Cooley , andTennessee beginning tota ke seats in classrooms on

their re s p e c-t i ve campus-e s. Theseother studentswe re live on as c reen at thef ront of thel e c t u re hall.The occasionwas the firs tmeeting of

4 C A R DO Z O L I FE

CARDOZO BEGINS 25TH ANNIVERSARYC E L E B R AT I O N

Twe nty-five yea rs ago th is Sep tember, Cardozo welcomed its

first studen ts. To beg in the yea rlong cele bration of the 25 th

a n n i v e r s a ry, a kicko ff pa rty for the entire Cardozo commun ity

is schedule d fo r Sep tember 6 . The ann iversary theme is taken

f rom Just ice Card o z o ’s famous quote, “The cause o f law is the

w e l f a re o f society,” e mblazoned on the wall scu lp tu re that

grace s the schoo l’s lobby. A series o f con fere nces, galas,

d inne rs, and other eve nts, includ ing the con ferring o f the

Democracy Aw a rd , is p lanned to commemorate the Law

S c h o o l ’s found ing a nd ach ieve ments. All members o f the

C a rdozo commun ity are invited to participate and share in the

celebration and special a ct ivitie s.

Students Raise $40,000 To w a rds Public Interest Stipends

Auction items ranged from Bro a d way tickets to dinnerswith members o f the facu lty, to two Card o zo swe a t s h i r t ssigned by former president Bill Clinton. Au c t i o n e e rs we red rawn from the faculty and administration, bidd ing wa sl i vely, and more than $15,000 was raised at the 9th AnnualGoods and Services Auction presented by the Student Bar

Association. In addi-tion, an anonymous$25,000 donation wa sg i ven , making a to ta lof $40,000 raised fo rthe Card o zo PublicI n t e rest SummerStipend Pro g r a m ,which allowed 30 students to ta ke sum-mer positions in thepublic secto r.

Viv ien Naim ’88 shows

o ff one o f the a uct ion’s

ho t items—a Clin ton -

signed Cardozo

s w e a t s h i rt .

P rof. Barry Scheck ’s classWrongful Convictions:Causes and Re m e d i e s.

When the clock read 4 p.m. exactly, Pro f e s s o rScheck went to the podiumand said to the audiences,“If you can hear us, wa veenthusiastically.” The stu-dents on the various cam-puses began to wa ve. Themonths of p lanning byP rofessor Scheck and theInnocence Project staff inconcert with YU’s fa c i l i t i e smanagement team, MCIt e c h n i c i a n s, Prof. LynnWishart of the Chutick LawL i b rary, and Card o zoa d m i n i s t ra to rs we re bearingreal fruit.

P rofessor Scheck intro-duced the semester’s firs tl e c t u re r, Richard A. Leo,p rofessor of criminology,law & society and psych-ology and social behavior atthe Unive rsity o f Califo r n i a ,I r v i n e, and, according toP rofessor Scheck, thewo r l d ’s leading expert onfalse confessions. At theend of Professor Leo ’s ta l k ,students on every campushad the opportunity to askhim questions. Each we e k ,a world -class expert pre-sented a live lecture atC a rd o zo, and students atthe four other schools participated through video-c o n f e rencing technology.

Th is distance learningc o u rs e, an interd i s c i p l i n a r yexamination of the princi-pal problems that lead tothe conviction of the inno-cent and the leading pro-posals for social and judicialre fo rm, is open to gra d u a t estudents of law, journalism,psychology , and other related disciplines. It is a

The C a rdozo Arts &

E n t e rtainme n t Law

J o u rnal (AELJ) w a s

a w a rded the con tract

to publish the winn ing

papers a ssociate d with

the Reco rd i n g

A c a d e m y ’s 3 rd Annua l

E n t e rta inme n t Law

In it iative Legal

Writ ing Con test . The

even t, wh ich is

c o s p o n s o red by the

America n Bar

Association , is pa rt o f the 43rd Annual GRAMMY® We ek. As a resu lt of this hono r, A E L J

ed ito rs Sarah Wa r ren ’01 and Pau let te Fox ‘01, show n here on the p roverb ial “red

carpe t ,” attended the GRAMMY® Aw a rds in Los Angeles.

Many Ca rdozo studen ts say that one o f the most re w a rd ing and pract ical experiences o f

law schoo l is pa rticipat ion in the In tensive Trial Advocacy Program (ITAP). Each year,

m o re than 100 third -year studen ts le arn how to do open ing statements, cro s s -

examina tions, clo sing arguments, and all pha ses o f criminal and civil t ria ls. Abou t 200

visit ing faculty give demonstrations and stude nt crit iques. Studen ts are also video taped

to learn how to improve their cou rt room style . The two-week p rogram ends w ith a

bench and jury t ria l befo re a p racticing judge.

S UM M E R 2 0 0 1 5

c o re offering for student sparticipating in InnocenceP rojects that have beenspawned at schoolst h roughout the country. Atleast one faculty membersupervises the class oneach campus and leads in-class discussions, assignsand grades homework, andp rovides other pro f e s s o r i a lf u n c t i o n s. The substance ofthe cours e, including re a d-i n g s, lecture s, and onlinediscussion, is provided byC a rd o zo. Among the to p i c s

c o ve red we r e eyewitnessidentification, Habeas andpost-conviction re m e d i e s,D NA evidence, snitc h e s,junk science, ineffectivecounsel, police and pro s e-c u torial misconduct, innocence and the deathpenalty, media and inve s-t i g a t i ve journalism, andinnocence and ra c e.

The class calendar, sy l-l a b u s, and all re q u i red read ings we re posted ine l e c t ronic format on a p a s s wo rd - p rotected site. In

addition, readings for thosei n t e rested in pursuing to p-ics further, links to re l e va n tWeb sites, a national discus-sion forum for students, adiscussion forum for p ro f e s-s o rs invo l ved in the cours e,and an area where studentscan ask lecture rs quest ionswe re ava i l a b l e. The cours ewill be offered again thiss e m e s t e r.

A company that designsand builds educational We bsites for the legal communi-ty films each lecture and

m a kes it availab le on theWe b, where it can be down-loaded. From these files,p ro f e s s o rs are able to burna high-quality CD to showin class. Ultimately the lec-t u re s, com plete with tra n-scrip ts translated into seve r-al languages, will be offere donline to the global com-munity for CLE credit o rg e n e ral intere s t .

M o re than 20 schoolslocated throughout theUnited States offered all orpart of the cours e.

6 C AR DO Z O L I FE

H i s tory o ffers few examples of cultures that value dive rs i -ty, Peter Schuck, Simeon E. Baldwin Professor of Law, Ya l eLaw School, told an audience at Card o zo .

Schuck, who delive red the annual Bauer MemorialL e c t u re, said that although “mongrel cultures” based ont rade are among histo r y ’s most dynam ic and most success-fu l, the sp read of dive rsity usually has been marked by“countless blood-soaked battle monuments and endlessg ra ve y a rd s. ”

But there is one notable exception to this trend: to d a y ’sUnited Sta t e s .

“The abstract ideal of dive rsity, almost always ignore dand opposed throughout hum an history, has now re a c h e dan apotheosis in the United Sta t e s,” he said.

Schuck, whose lecturere p resented a “pre face” toan ongoing study of law andd i ve rsity , conceded thatl a rge-scale immigration inthe nineteenth and earlyt wentieth centuries sparke ddebate about ethnic dive rs i-ty in this country. Also,minority groups have fre-quently suffered re p re s s i o n ,while “assimilationists” havesought to dissolve d iffer-ences in fa vor of 10 0 -p e rcent Americanism.

Ne ve r t h e l e s s, m anyAmericans have come tovalue dive rsity as an end

that p rivate and public institutions should fo s t e r. In part ,this may be explained by the fact that Americans havecome to accept dive rsity as a demographic fact of life thatcannot be re ve rsed. They m ay wish there was less imm i-g ration but admire the immigrants they know pers o n a l l y .Labor unions that once fought the admission of peoplewho would compet e for a limited number of jobs now seei m m i g rants as potential new members in a growing econo-my. And there is a collective guilt about past wrongs doneto minority groups such as J ews, Na t i ve Americans,African Americans, and Asian Americans.

“Many Americans believe we can have it both wa y s,that the study, celebration, and maintenance of dive rs et rad it ions is compatible to assimilation to core American

va l u e s,” Schuck said. A“mosaic” or a “lumpy chef’ssalad” has replaced the“melting pot” as the fa vo re dm e taphor in describing therelationship of ethnicg roups to American society.

The struggle of AfricanAmericans for equal t re a t-ment has provided a tem-plate for the political st rug-gles of other ethnic gro u p s.M e a n w h i l e, new technolo-gies have fa m i l i a r i zed peo-ple with dive rsity in itsmost attra c t i ve fo r m s. Thisis “dive rsity on the cheapand without risk.”

Schuck Examines Dive rs i t y

Dean Pau l Verku il, Pro f. Peter Schuck of Yale Law Schoo l, and

New York Law School De an Harry We l l i n g t o n

Scholars Visit toDiscuss IntellectualP ro p e rt y

At a series of eve n t s, emi-nent legal scholars contin-ued to discuss and debatethe evolution of intellectualp roperty in the new globaleconom y that incre a s i n g l yt reats information as a form of wealth as well as asocial good.

In March, “IntellectualLawmaking in the Ne wMillennium” focused onways global elites are shap-ing world trade and intel-lectual p roperty laws, per-haps at the cost of socioeco-nomic rights and nationals o ve reignty, while in April,panelists offered pro vo c a-t i ve insights about how theInternet and new commu-nications technologies havee n c o u raged a conve rg e n c eof copyright and communi-cations policy that isi n c reasingly evident in academic scholarship, legalp ra c t i c e, re g u l a tory solu-t i o n s, and attitudes to wa rdC o n g re s s.

At the earlier confer-e n c e, speake rs ex p re s s e dconcern about the ways inwhich multilateral gro u p sl i ke the World Tra d eO rg a n i zation (WTO) are driving domestic law andb e h a v i o r. WTO ’s agre e m e n ton Tra d e - Related Aspects ofIntellectual Property Rights(TRIPS) is based on “b ro a d-ly delineated pro p e r t yr i g h t s,” said Gail Eva n s, ap rofessor at the SouthernC ross School of Law andJ u s t i c e, New South Wa l e s ,Au s t ralia. She suggestedthat the agency incorpora t e

workplace and enviro n-m e n tal rights in its consti-tution to counterbalancethe emphasis on p ro p e r t y .

P rof. John O. McGinnissaid that such sta n d a rd scould become a source ofp rotectionism and he wa sconcerned that not enoughhas been done to consider

how “we will re s t rain inter-national org a n i za t i o n s . … Ilook at the history of ourown Constitution, and I seedanger again.”

C o r p o rations incre a s i n g-ly are lobbying other countries and internationalo rg a n i zations to influenceAmerican laws and p ra c t i c e s, said Marci A.H a m i l ton, Thom as H. LeeChair in Public Law andd i re c tor of Card o zo ’sIntellectual Property LawP ro g r am. Thus, lobbyistsmay secure action from theE u ropean Union and thenlobby Congress so theUnited States can “c a tc hup.” As a result, theS u p reme Court may some-day confront the constitu-tionality of legislation thatreflects other nations’

a p p roach to int ellectualp roperty pro b l e m s.

H a m i l ton said that theNapster dispute had solve d“one of the most importa n tissues in all o f internationalp roperty law—how to gen-e rate a debate about copy-right.” She argued thatcopyright is a form of pri-

vate censors h i p .“It is the abilityto silence some-one else, and weh a ve to thinkc a refully aboutwhen we do thatand when wed o n ’ t . ”

This was also among the concerns andthemes of the April confer-e n c e. Neil We i n s to c kNe tanel of the Unive rsity ofTexas School of Law citedthe example of an attemptby the heirs of Marg a re tM i tchell, the author of Gone With the Wind, to usetheir copyright pro t e c t i o nagainst a retelling of thes tory from the viewpoint ofa slave at Ta r a. “This issueraises serious questions of

f ree speech,” he said . Eugene Vo l kokh of the

UCLA School of Law saidthat copyright re s t r i c t sspeech and should beaccompanied by pro c e d u ra ls a f e g u a rds like the onesused in the libel field. JackBalkin of Yale Law Schoolnoted that information is as o u rce of wealth, and therehas been a tilt in fa vor ofrights to hold info r m a t i o nas pro p e r t y .

Later in the day, JessicaLitman of the Wayne Sta t e

U n i ve rsity School of Lawsaid that copyright holdersp refer to sue intermediariesl i ke Na p s t e r, but noncom-m e rcial users also may bev u l n e rable to infringementa c t i o n s. “It’s becom e neces-sary to sell the notion thatindividuals who exc h a n g emusic on the Internet areevil p ira t e s,” she said. “Thats u re looks like the copy-right police to me. ”

S UM M E R 2 0 0 1 7

P ro f. Wendy Gordon , Boston Univers ity School of Law,

spea king at “C opyright Law a s Communicat ions Policy:

C o n v e rgence of Para digms and Cu lture s . ”

Dean Verkuil with keyno te speake r Geoff re y

Sa u Kuk Yu , assistan t d irector ge ne ral,

World Intellectual Pro p e rty Orga n ization, at

“ World Trade, In tellectua l Pro p e rt y, and the

Globa l Elite s: Internat ional Lawmaking in the

New Millenn ium.”

Baseba ll and the Law,Followed by Baseball

An unusual confere n c ea t t racted youngst ers we a r-ing baseball caps as well asthe usual academics andp racticing lawyers on abaseball-perfect spring day.

The event gave fans ofbaseball and the law—described by Prof. CharlesM. Yablon as the two mostpopular games in America—a ra re opportunity toindulge their twin passionswhile earning a few contin-uing education cred it s inthe barg a i n .

The conference eve nhad its own mascot, “Olive rWendell Wolf,” in the per-son of No va SoutheasternU n i ve rsity Professor of LawRobert M. Jarvis. Afterc a vorting through thec ro wd, the costumed Jarvis

discussed liability issuesc reated by the pro l i f e ra t i o nof team mascots. For exa m-p l e, “Oriole Bird” has beenaccused o f hitting a fa nwith his tail, and “Ph illiePhanatic” was hauled intocourt for assau lting a cus-tomer during an appear-ance at a local paint sto re.

“Batter Up! From theBaseball Field to theCourthouse” was sponsore d

by the C a rd o zo Law Re v i e wand re c e i ved support fro mFred Wilpon and the Ne wYork Mets org a n i zation. Itwas org a n i zed by DaveFe u e rstein ’01, who was aminor league ballplayerprior to coming to Card o z o .After a day of academicp re s e n tations and policyd e b a t e s, participants happily adjourned to SheaS tadium for dinner and towa tch the Mets defeat theH o u s ton Astro s, 8– 2 .

In addition to ex p l o r i n gbaseball as a meta p h o r,s p e a ke rs discussed in gre a td e tail the legal and eco-nomic challenges fa c i n gbaseball as a business,includ ing changes wro u g h tby the Internet , which JackF. Williams of Georgia Sta t eU n i ve rsity School of Lawsaid have raised the issue of“who owns the back of thebaseball card ? ”

Another session feature da panel of well-known baseball exe c u t i ves who dis-cussed contract negotia-t i o n s, stadium construction,and other current issuesfacing baseball. Thomas J.O s t e r tag, senior vice p re s i-dent and general counsel ofMajor League Baseball;

Eugene D. Orza, associateg e n e ral counsel for theMajor League PlayersAssociation; David P.Sam son ’93, exe c u t i ve vicep resident of the Mont re a lExpos; New York Timesbaseball writer Murra yChass; Steve Gre e n b e rg, fo r-mer deput y commissionerof Major League Baseballand cofounder o f theClassic Sports Ne t work; andformer baseball commis-sioner Fay Vincent lentvalidity and star quality tothe day’s eve n t .

M r. Vincent said thati n tangib le perfo r m a n c erights have opened up thep rospect of “a specta c u l a rf u t u re” for Major LeagueBaseball, but “the baseballo w n e rs don’t believe in thef u t u re of their own gametechnologically or econom i-cally.” He suggested thatthe owners discuss thewhole issue of re ve n u esharing with the p layers.

“The history ofAmerican business hasbeen that there has to be asharing of ownership withthe employees,” he said.“Down the road, the playerswill own a big piece ofb a s e b a l l . ”

8 C A R DO Z O L I FE

P ro f. Robert Jarv i s ,

Nova Sou thea stern

U n i v e r s i t y, su rprised

the aud ie nce when

he appeared as the

c o n f e rence masco t ,

“Oliver We n d e l l

Wo l f . ”

MOOT COURT AND TRIAL TEAM S H AVE WINNING YEAR

The Moo t Cou rt Honor Society has compiled an impre s s i v e

re c o rd th is ye ar. At the Irving R. Kaufma n Memorial

Securit ies Law Compe tit ion sponso red by Fordham Law

Schoo l, the team o f Shannon Boett jer ’02 and Nick

Lagema nn ’02 a dvanced to the “Swe et Sixtee n” round . In

the Tu lane Invita t ional National Spo rts Law Competit ion ,

Tyler Lena ne ’02 and Jessica Prunell ’02 advance d to the

“ G rea t Eigh t” round. Mary Alestra ’01 and Alan Go tthelf

’01 advanced to the se mifina l round a nd won ru n n e r- u p

fo r Best Brief at the Ruby R . Vale C o rpo rate Moo t Cou rt

C o m p e t i t i o n .

The Ca rdozo Trial Team won the America n Tr i a l

Lawyers Association Reg ional Competit ion , beating 21

other schoo ls. Team members w ere Ma ry Alestra ’01, John

Coyle ’01 , Alyd ra Ke lly ’02 , and Jenn ifer Loyd ’01. At the

National Trial Competit ion in New Orle ans, Card o z o

ranke d ninth . It wa s the first Cardozo team to rea ch the

national competit ion .

B u rns Ethics CenterFosters Dialogue onCritical Legal Issues

Unless the voices of thepoor are heard in theAmerican legal system, “ we cannot pretend to our-s e l ves that we have an ethi-cal system of justice,” thenoted lawyer and activistBurt Neuborne told an audi-ence of more than a hun-d red at the Third AnnualJacob Burns Ethics CenterL e c t u re. Neuborne calledfor “a crusade” to impro vethe access of the poor tothe system.

That message has beenta ken to heart at Card o zo ,w h e re the Jacob BurnsCenter for Ethics in theP ractice of Law honore dNeuborne with its firs tAccess to Justice Awa rd .

The Center was esta b-lished with the support ofJ acob M. Burns, a lawyerand longtime chairman of Card o zo ’s Board of D i re c to rs. Ellen Ya ro-s h e fsky, the dire c tor of thei n n o va t i ve Center, said thatM r. Burns was impre s s e dby the success of thes c h o o l ’s trial advocacy pro-g ram and wanted to applyits lessons to the teachingof ethics. Utilizing videosimulations and dra w i n gupon the expertise o fl a w y e rs and judges who areteaching fellows in theethics pro g ram, the BurnsCenter has ta u g h t h u n d re d sof students who becomeengaged in p ra c t i c e - b a s e ds e t t i n g s. “We grapple withsome of the most difficu ltethical and moral issuesl a w y e rs have to fa c e,” said

P rofessor Ya ro s h e fs k y .Recently the Cent er has

become more act ive insponsoring p ro g ra m s, l e c t u re s, and confere n c e s,c o vering top ics that ra n g ef rom lawyer’s use of themedia to DNA in the court-room. This past fall, theCenter held its first sympo-sium, d rawing to g e t h e rp ro s e c u to rs, defensel a w y e rs, judges, and socialscientists to examine one of

the most significant issuesin the criminal justice sys-tem—the use of coopera t i n gwitnesses and info r m a n t s.That symposium will bepublished and was solicitedfor online pre s e n tation fo rcont inuing legal educat ionc o u rs e s. Ac c o rding to Pro-fessor Ya ro s h e fsky, ongoingwork in this area will be thesubject of occasional papersof the Ethics Center. Con-tinuing its heavier agenda,

the Center is schedulingc o n f e rences on DNA andp r i vacy and lessons fro mthe South African Truth andReconciliation Commissionfor the 2001– 02 academicy e a r, and is work ing withFo rd h a m ’s Louis St einCenter for Ethics to deve l o pa manual for legal servicesa t to r n e y s. Pro f e s s o rYa ro s h e fsky sees Card o zobecoming a center for discussion and scholars h i p

S UM M E R 2 0 0 1 9

In Apri l, the Burns Eth ics Cen ter

convene d a “Fo rum on Faith-Based

S e rvice s a nd Charita ble Choice.”

( F rom left) Ellen Willis, d ire c t o r, NYU

Cultura l Jour nalism Program and

f e l l o w, Nation In st itu te; Pro f. Ellen

Ya ro s h e f s k y, d ire c t o r, Ja cob B urn s

Eth ics Cen ter; and Pro f. David Co le,

G e o rgetown Un iversity Law Cen ter,

au thor o f No Equal Ju st ice. Othe r

panelis ts we re Rev. Cheryl An thony,

senior pasto r and CEO, Juda h

I n t e rnational Ch ristian Cen ter, and

vice chair, Board o f Central Bro o k l y n

C h u rche s, and Steve n Sheinberg ,

assis tan t d ire c t o r, legal affairs ,

Anti-Defamation Le ague.

At an e ven t hea vily at tended by legal aid atto rneys

and defense la wyers , Sa ul Kassin (above), p ro fessor o f

p s y c h o l o g y, Willia ms Co llege, and Pro f. Jonathan

O b e rman spoke on “Po lice In terrogat ions a nd

Confe ssions: Eva luation o f a Defendant’s Stateme nt

and the Limita tions o f the Law. ”

B u rt Ne ubo rne (below), John Nort o n

P o m e roy Profe ssor of Law and lega l d ire c-

t o r, the Brennan Ce nter fo r Ju st ice a t New

York Un iversity Schoo l of La w, de livere d the

Jacob Burns Eth ics Cen ter Lecture “Acce ss

to Ju st ice: the Court room as Foru m . ”

about critical ethical andm o ral issues in the delive r yof legal services and thework of lawyers.

P rofessor Ne u b o r n e, thelegal dire c tor of the Bre n-nan Center for Justice atNew York Unive rsity Schoolof Law, d iscussed his ro le inVelazquez v. Legal ServicesC o r p o ra t i o n , a re c e n tS u p reme Court decisionthat overturned a 1996 con-g ressional ru le barring fed-e rally funded legal servicesa t torneys from challengingexisting law while advo c a t -ing for public assistance re-c i p i e n t s. The measure cameas state and federal officialswe re instituting major we l fa re “re fo r m s.” The re g-u l a t i o n ’s message to thep o o r, Professor Ne u b o r n es tated, was that “you couldh a ve half a lawyer. ”

The Burns Eth ics Centersigned on to an amicus brief

in the case, arguing that therestriction would compro-m ise the lawyers’ effective-ness and was contrary top rofessional eth ics codes.P rofessor Neuborne saidthat while the litigationwo r ked its way through thec o u r t s, Card o zo pro v i d e d“sanctuary” for seve ral atto r-neys who could not uselegal services offices to cra f ta rguments for their clientsbut who also could not dro pthe cases.

He also said that theS u p reme Court decision, inf reeing attorneys to arg u eagainst the status quo, c reated “a charter of rightsfor subsidized speech .” And its reasoning could beused as an argument tore m o ve other re s t r i c t i o n son re p re s e n tation of thep o o r. “The poor are entitledto [legal] advice just like the rich,” he said.

David Boies GivesInsider View on theP residentia l Election

David Boies, champion inthe US Supreme Court fo rp residential candidate AlG o re, delive red the ke y n o t ea d d ress and shared hisinsights on Bush v. Gore at adaylong confere n c e, “Vo t e sand Voices: Re valuations in

the Aftermath of the 2000P residential Election.”Other pre s e n tations chal-lenged or defended thelegitimacy of Bush’s pre s i-dency, discussed the e l e c-to ral college, and musedabout the state of publicd i s c o u rse in America.

M r. Bo ies discussed theS u p reme Court’s ruling thatthe recounts sought by Goreviolated the Constitution’sEqual Pro tection Clauseand noted that eve r y b o d ywas surprised by the jus-tices’ “newfound affin ity ”for that clause. Bush v. Gorewas one of the Supre m eC o u r t ’s really bad decisions,he noted , akin to the Dre dScott ruling, which ra t i f i e ds l a very. But, he added thatthe ruling could possiblyh a ve a “silver lin ing”; futurejustices m ight find somegood in the pre c e d e n t .B e s i d e s, he said, “there isan enormous amount ofgood will to w a rd the Court.I t ’s not unlimited , but it cans tand a case like this eve r y50 to 60 years. ”

He noted that theAmerican people acceptedthe Court’s decision be-cause they have confidence

1 0 C A R DO Z O L I F E

E v e ry year, the Moo t Cou rt Honor Socie ty coo rdinates the p restigious Cardozo/BMI Moo t

C o u rt Competit ion . BMI, an o rgan izat ion ded ica ted to the p ro tect ion o f the rights of

w riters, composers, and pub lishers o f music, hosts a re cep tion fo r the compe ting teams.

( F rom left) Lisa Tuntig ian ’01; Nick La gemann ’02 ; Abagail Go ldenbe rg ’01; Gord o n

Novod ’01 ; C h ristophe DiFalco ’01 ; Jud ith Safer, assistant ge neral counsel , BMI;

Christopher Lick ’02; Ste ven Gonzalez ’02 ; and Shannon Boettje r ’02 .

David Bo ies

in the integrity of the sys-tem. They wanted to see itre s o l ved and, he re m i n d e dthe cro wd, there will beanother election in fo u ry e a rs. He also commendedthe canva s s e rs, both Demo-c rats and Re p u b l i c a n s, fo r“stepping up to their demo-c ratic duty to see that thosevotes we re counted .”

When an audience mem -ber asked him if he wo u l dh a ve done anything d iffer-ently with hindsight, Boiesgrinned and said he st illhas no idea what he couldh a ve done to change thejustices’ minds. After histalk , Boies signed auto-g raphs and chatted withstudents and pra c t i t i o n e rswho thronged the stage to

pay homage to this celebri-ty lawyer.

Other speake rs con-ve rsed on the electo ral col-lege and the popular vo t e,with some using baseballanalogies to explain therelationships between thet wo. Prof. Michael Herznoted that the winningteam in the World Series isnot the team that re c e i ve sthe most runs but the onethat wins the most games.

Alan Dershowit z ofH a r va rd Law School insist-ed that the Court’s “c o r r u p t ”decision was mot ivated bypartisan concerns. He said,“The only re l e vant fact inthis case was the names o fthe litigants. The justiceswe re determined to see

G e o rge W. Bush electedP resident of the UnitedS ta t e s.” Nelson Lund ofG e o rge Mason Unive rs i t ySchool of Law disagre e d .He thought Gore had engi-n e e red a biased re c o u n t .“The fact that the Court hasbeen atta c ked so viciouslytells us more about theC o u r t ’s critics than aboutthe merits of its decision.”

The day’s third panelattempted to place the elec-tion dispute in the contex tof larger cultural and legald e ve l o p m e n t s . Pro f .R i c h a rd We i s b e rg spokeparticularly of “Monicata l k , ”or the p riva t i zation of pub-lic discours e. In a publicopinion culture, private fig-u res run the risk of being

judged out of contex t ,added Prof. J ay Rosen ofG e o rge Wa s h i n g to nU n i ve rsity School of Law.

H o we ve r, the noted Firs tAmendment lawyer FloydA b rams said that he lives ina world where people arenot engaged with publici s s u e s. “I wish peoplewould raise their vo i c e s. I haven’t heard muchdebate since Bush becameP re s i d e n t . ”

The conference wa so rg a n i zed by Pro f e s s o rsMichael Herz and RichardWe i s b e rg and was cospon-s o red by the Floers h e i m e rCenter for ConstitutionalD e m o c racy and the JacobBurns Institute fo rAd vanced Legal Stud ies.

The Moot Court Honor Society hosted the First AnnualL a n g fan Family Const itutional Ora torical Prize Contest—ani n t ra m u ral competition open to all Card o zo students. Thetopic was the meaning of the Second Amendment in contem-p o rary America. Erica Sleschinger ’02 (at left) won first place($3,000) for best ora tor; J ason Halper ’01 won second place($1,000); and third place ($500) went to Dav id Fo ox ’01. Fo u ralumni we re judges. The Langfan Prize Fund was esta b l i s h e dby William K. Langfan and his family, including Ro b i nL a n g fan Hammer ’86 and Dayna Langfan ’87.

L a n g fan Family Funds Ora torical Contest

( F rom le ft) Michel le Ricard o

’02 ; Bonn ie Steingart ’79;

Hon . Da vid A. Gross ’87,

Nassau Coun ty District

C o u rt ; Evan Rosen ’02 ;

B ruce Lede rman ’79; David

L o rre tto ’01; Pe ry Krinsky

’01 ; Erica Slesch inge r ’02 ;

Lisa Tun tig ian ’01; Jason

Halper ’01; Be njamin

Ma ntell ’03; Rob in Langfan

Hammer ’86; William K.

Lang fan ; Gordon Novad

’01 ; Dayna Langfan ’87 ;

David Foox ’01 (LL.M.);

Hon . John Garrett Marks

’79 ; Nassau County District

C o u rt ; Mark Langfan , Esq .

S UM M E R 2 0 0 1 1 1

Negotiation Te a m sWin Regionals

David Koenig ’02 andMelissa Stewart ’02 won theA BA Regional ClientCounseling Com petition atPace Unive rsity School ofL a w. They went on to re p-resent Card o zo at theNational Finals in Sacra-m e n to, CA. In Fe b r u a r y ,the Law School hosted thet h i rd annual ABA Re g i o n a lRe p re s e n tation in Media-tion Competition . Out of 12competing teams fro mB u f falo, CUNY, Seton Hall,S y ra c u s e, and To u ro, thew i n n e rs of the competitionwe re two Card o zo teams:Darian Taylor ’01 andS h e ree Gootzeit ’01 andCynthia DeVasia ’02 andJonas Karp ’02. They re p re-sented Card o zo in the finalsheld in Wa s h i n g ton, D.C.

S q u a d ron Pro g r a mReceives Grants

This past fall, the Howa rdM. Squadron Pro g ram inMedia, Law and Societyre c e i ved two grants fro mthe Fo rd Foundation. Thef i rst grant of $45,000 fund-ed a new seminar, Ad m i n i-s t ra t i ve Litigation and theFCC, as well as summerplacem ents in media law.The second grant of$75,000 is for stre n g t h e n i n gties and encouraging fur-ther collaboration betwe e nC a rd o zo and the Pro-g ramme in Compara t i veMedia Law and Po licy atthe Unive rsity o f Oxfo rd .

The Squadron Pro g ra m ,again in conjunction withthe Oxfo rd Pro g ra m m e,re c e i ved an awa rd fro mU SAID to evaluate mediad e velopments in theU k ra i n e. A thre e - p e rs o nteam spent one month inthe Ukra i n e, assessing thes t r u c t u re of media institu-t i o n s, relationships to gov-ernment, and economics u s ta i n a b i l i t y .

C E RT I F I C ATE IN DISPUTE RESOLUTION TO BE OFFERED

Both J.D. and LL.M. studen ts w ill

be able to receive a Certificate in

Dispu te Reso lut ion a fter part i c i -

pat ing in a ne wly approved

p rog ra m that integ rate s the

study of theory and policy with

p e rf o rmance and pract ical skills

a round con flict re s o l u t i o n

p r ocesses. Students will ha ve to

satisfy compe tency re q u i re m e n t s

in five catego ries o f Altern a t i v e

Dispu te Reso lution (ADR)-re l a t e d

skills: ADR Processes, In terv i e w-

ing and C ounseling , Nego tia-

t ion , Me diat ion, and Arbitration,

and sat isfy a w rit ing and clin ical

o r exte rnsh ip re q u i reme nt. The

p rogra m is suppo rted by a gen -

e rous g ran t from the Kuk in

Family Foundation.

D i v o rce, Victorian-Style Examined and Family Law Seminars Established

L i t e ra t u re buffs and family law attorneys gathered at theNew York Bar Association to discuss divo rce law and re l i g-ious and domestic attitudes depicted in the novels o fAnthony Tro l l o p e, whose books are famous for their accu-rate and vivid portrayals of society in Victorian England.The lecture, delive red by Valentine Cunningham of Oxfo rdU n i ve rsity, “He Knew He Was Right: Family Law inTrollope and Victorian Fiction,” was also an occasion tohonor Adjunct Prof. Stanley Plesent on the esta b l i s h m e n tof the Stanley and Gloria Plesent Seminars in Fam ily Lawat Card o zo .

Stanle y a nd Glo ria Plesen t with Pro f. Monroe Price (righ t).

Alumni came back to

campus to perf o rm ;

stude n ts paro d i e d

their te achers and

the Law Schoo l; and

faculty gave it ba ck

at the fun-fille d

annual Law Revue

S h o w.

1 2 C A R DO Z O L I F E

As Card o zo begins its 25th annive rsary year,the Law School is in the midst of a multi-y e a r, multifacility re n o vation and ex p a n s i o n .Ye s h i va Unive rs i t y ’s Bro o kdale Center has been home to the Law School since

C a rd o zo ’s founding in 1976. At the end of the 1990s, the Card o zo Board and

a d m i n i s t rat ion, working with the Unive rsity administration, developed a major

c a p i tal impro vement plan, which has been in p rocess since 1998. First , the

School acquired housing for approximately 130 students and purchased an

additional two floors—making a to tal of 11 floors—at the Bro o kdale Center.

Then, through a careful sequencing of pro j e c t s, the re n o vation, re d e c o ra t i n g ,

and upgrading of all the facilities began. Pro g ress has been swift, with little d is-

ruption to students and classes as 55 Fifth Avenue undergoes a tra n s fo r m a t i o n ,

which includes technological enhancements and new heating, ventilation, and

air conditioning systems.

The Unive rsity is working with two major arc h i t e c t u ral firms—Davis Bro d y

Bond and Schuman Lichtenstein Claman Efron—under the gu idance of a

C a rd o zo Board committ ee chaired first by Sheldon Solow and now by Stephen

Siegel, both of whom are major figures in New York real esta t e.

The centerpiece of the re n o vation is a larger and re c o n f i g u red first floor,

which will include a new Jacob Burns Moot Court Room, a larger lobby, a new

fa c a d e, and a 59-seat sem inar room. Work on the first floor began in the sum-

mer of 2001 and should be completed befo re the beginning of the 2002 acade-

mic year. Davis Brody Bond has designed this floor and supplied the re n d e r i n g s

that fo l l o w. The financing for the capital project will in part be raised thro u g h

C a rd o zo ’s $25 million cap ital campaign, which was announced in spring 2001 .

CAR D OZOE n j o y i n g a Tr a n s f o rm a t i o n

S UM M E R 2 0 0 1 2 1

Cardozo’s lobby will grow to

accommodate the space that

is now rented by Metro

Drugs, which is moving in

October. The main entrance

to the Law School will move

towards 12th Street. New

windows will be placed on

the first and second floors of

the building, both on Fifth

Avenue and 12th Street.

According to Lewis Davis of

Davis Brody Bond, the design

will “provide the school with

a strong academic identity, a

sense of university life, and a

welcoming public space.” The

name of the school will be

carved into the exterior stone

pediment that separates the

1st and 2nd floors.

FIFTH AVENUE FACAD E AND ENTRANCE

2 2 C A R D O Z O L I F E

The new, grand lobby space

will surround a circular Jacob

Burns Moot Court Room that

will physically become the

heart of the Law School. A

ramp will lead to the Court

Room entrance. It has been

designed as a campus center,

a quadrangle for an urban

building. The lobby space will

have flexible seating that

encourages an interchange of

ideas and can accommodate

up to 160 people at banquets

and hundreds at receptions.

Over the course of the

project, classrooms are being

renovated and updated, as

are the ventilation and air

conditioning systems for each

floor. Six lecture halls have

now been fitted with new

chairs, desk tops with electri-

cal outlets for laptops, and

other technological enhance-

ments, including video

conferencing equipment.

LOBBY V I EW FACING EAST NEW WIND OWS FACE 12TH STREET

NEW C LASSROOMS

The central “eye” is the new

Jacob Burns Moot Court

Room, which measures in

excess of 4,000 square feet.

It will function as a class-

room/lecture hall with tiered

fixed-desk seating to accom-

modate 150 students. For

larger assemblies, additional

seating can be added to

accommodate as many as

250, the approximate size of

an entering class of students.

The front of the room is

designed to accommodate a

judge’s bench, witness stand,

attorney tables and a 12-

person jury box. A control

room will accommodate

audio and visual equipment

for four remotely controlled

courtroom cameras, video

monitors, and video tele-

conferencing and post-

production equipment. A 59-

seat seminar room will be

added to the lobby level, in

the space previously occupied

by student lockers.

JACOB BURNS MOOT COURT ROOM

The Law School has grown

and been consolidated onto

11 contiguous floors, giving

its vertical campus an orderly

layout and making floors

accessible by stairs and ele-

vators. To accomplish this,

the University first purchased

and renovated the 11th floor

of the Brookdale Center,

which now accommodates

the Law School’s clinics, the

admissions office, and the

Center for Professional

Development. Then, it took

over the 9th floor, which has

been renovated to increase

the size of the library and to

provide offices for faculty

and student journals. The

library space houses addi-

tional book stacks and 10

new comfortable student

study rooms and areas. An

interior staircase leads to the

three other floors of the

library. The 9th floor will be

fully open in fall 2001.

The 10th floor, which is

home to the dean’s

office, student services

including financial aid

and the registrar, public

relations, and develop-

ment, was renovated

during the spring and

summer and will be

reoccupied in the fall.

As Cardozo grew to accom-

modate its growing roster of

faculty, larger curriculum, and

new programs, it was decid-

ed that housing was also

needed, especially for first-

year students. In 1998, YU

purchased the majority of

shares in a co-op building

located less than a block

from the Cardozo campus.

Today the Law School is able

to offer housing on one of

the most attractive residen-

tial streets in Manhattan to

approximately 130 students

each year. As a result, stu-

dents from across the country

find it easier to attend

Cardozo and no longer have

to tackle New York’s

residential housing maze.

11TH F LOOR

R ESIDENCE HAL L

SEPTEMBER 6

25th Anniversary Kick-off Party

O C T O B E R 1 4 – 1 5

Symposium:Nietzsche and Legal Theory

O CTOB ER 1 8

Long Island Alumni Reception

O CTOBER 2 8

Parents Brunch

N OVEMBER 1

Jacob BurnsEthics Center Lecture:

Justice Richard J. Goldstone“Lessons From Truth

Commissions and Criminal Tribunals”

NO VEMBER 1 5

Conference:The Joy and Challenges of

Theater Law Practice

NO VEMB ER 2 9

“Reclaiming Jewish Art:Political, Legal, and

Academic Perspectives”Museum of Jewish Heritage

Class of 1981Lo is Lipto n was named th ef i rst female president of the

B e rgen County Bar Associationin April. She has a su ccessful

law practice in Hacke n s a c k ,NJ, and also is a pro s e c u tor in

E d g e water and Fair Lawn .H on. Mart in Shulman,

supervising judge of the CivilCourt of the City of New Yo r k ,

was featured in “Profiles fro mthe Bench” in the New Yo r k

Law Journal on April 9, 2001 .

Class of 1985Bruce Ko f fs k y, a defen se

a t torney in We s ton, CT, won ah i g h - p rofile murder case in

which he defended a suspect

in th e murder of a 9-year-old boy.

Class of 1986Stephanie R. Cooperopen ed a NYC law office in

January re p resen tin g clien tsin m atters of corpora te and

individu al counseling and liti-gation, with an emphasis on

art and entertainment law.Mary James Courtenay i s

CEO of Mary’s Games, LLC,in Sea ttle, WA, which re l e a s e d

a new board game calledD i s o rder in the Court. T h e

object of the game is for th e“lawyer” to be the first to

a d vance through a legal

c a reer from college gra d u a-tion to re t i rement. Alon g the

way, the “lawyer” mu sta n s wer humorous questions

on law, street smar ts, andeth ics drawn from re a l - l i f e

court cases. Mary E.Wa n d e r Po l oled two wo r k-

shops on th e legal aspects ofcaring for a loved one who

re q u i res long-term custo d i a lc a re for Care g i ve rs’ Connec-

t i o n s, a new n onprofit out-reach pro g ram. Ms. Wa n d e r-

Polo practices elder law at th eVe rona, NJ, law firm of

McElnea & Wa n d e r Polo and isvice chair of the Essex County

Bar Association ’s Elder LawC o m m i t t e e.

Class of 1988G e o rgeanne Gould Mossjoined Pruden tial Securities as

a vice president an d fin an cialc o n s u l tant. She and her moth-

e r, Au d rey Gould, and her sis-t e r, Ellen Gould Baber, make

up the successful Gou ldG rou p, which manages assets

for individuals, corpora t i o n s,and non profit org a n i za t i o n s.

G regg A. W i l l i n g e ran nounces the formation of

Willinger Talent Agen cy,I n c. ( W TA), re p resenting te le-

vision news anchors, hosts,and sports and we a t h e r

a n c h o rs across the country.

Class of 1989Stuart Go ld marr ied Leigh

Ornste in June 10, 2001, inConnecticut. He is a par tner

at Gold & Boyarsky in NYC.L aw rence J. Sp iwa k re c e n t l y

published a book with Mark

Naftel, The Telecoms Tra d e

War: The United Sta t e s, TheE u ropean Union and the WTO

(Hart Publishing, 2001). Mr.S p i w ak is president and chair-

man of th e board of edito r i a la d v i s o rs a t the Phoenix

Cen ter for Ad van ced Legalan d Economic Public Po l i c y

S t u d i e s. Michael J. Wildes,an Englewood, NJ, coun cil-

man and a partner at Wildes,We i n b e rg, Gru nblatt an d

Wildes PC in NYC, was fea-t u red at a forum on th e law

s p o n s o red by the Interfa i t hB ro t h e r h o o d – S i s t e r h o o d

Committee of Bergen Cou nty.M r. Wildes also re p re s e n t e d

Ve ronica Hearst, the Dutc h -born widow of the late

Randolph Hearst wh o becamea US citizen in May.

Class of 1990Eric Fingerh ut is a partnerin th e northern Virginia office

of Shaw Pittman . He special-i zes in trademark, copyright,

and In ternet-re lated intellec-tual property an d technology

i s s u e s.

Class of 1991Daniel Fr i e d m a n is a part-

ner at Buchanan Ingersoll inNYC. Bruce H. New m a n

joined the firm of Wilmer,Cutler & Pickering in NYC.

P r eviously, he was a senior

C l a s s A c t i o n s

First Class of Heyman Scholar s Gra duate

P ro f. La rry Cunn ingham, the first g ra duating class of Heyman

Scho lars, and cu rren t Heyman Scho la rs ce leb rated at a cocktail part y

held a t Alger House in Gre enwich Villa ge. In a sett ing o f Pe rsian ru g s

and stained glass windows, some 60 guests toasted Ronn ie and

Samuel He yman fo r their suppo rt of The Heyman Scho la rs Pro g r a m ,

w hich p rovides ou tstand ing students interested in co rpo rate law

w ith fina ncial aid a nd academic and p ract ica l oppo rtun it ies in the

field of co rpo ra te govern a n c e .

3 8 C A R D O Z O L I F E

Sa muel Heyma n with He yman Scho lars Kimberly Mandel ’03, Ta n j a

Sa ntucci ’03, and Guy Padu la ’03.

C O R R E C T I O N : C l a s s Ac t i o n s

misidentified Peter Allen We i n-

mann, who married Amelida

Ortiz on September 3, 2000, as

f rom the class of 1986. He is a

member of the Class of 1987.

official at UBS Wa r b u rg ,

Pa i n e We b b e r, an d the USSecurities and Exc h a n g e

C o m m i s s i o n .

Class of 1992Melinda Fe l l n e r - B ra mw i t

became an associate at th eNe w ark, NJ, law firm of

Saiber Schlesinger Satz &Goldstein. She re c e i ved an

LL.M. in ta xa tion from NYUSchool of Law.

Class of 1993Stephanie Ad l e r and J e f f reyRe g e n s t re i f of Ro c h e s t e r, NY,

an nounce the birth of theird a u g h t e r, Sydney Ad l e r. She

joins a sister, Julia Elean or.J e f f rey B. Shalek is a par t-

ner at the law firm of Gallwe yGillman Curtis Ve n to & Horn

in Miami, FL. He specialize sin litiga tion and appellate law.

Rebecca J. Silb ers t e i n is apartner at the NYC law firm

of Debevoise & Plimpton . Sheis a member of the In ve s t-

ment Management Pra c t i c eG rou p in the firm’s Corpora t e

Department, advising on

l e ve raged buyout, ve n t u rec a p i tal, private equity, mer-

chant banking, an d other p r i vate investment funds.

Ronald A. Spirn re c e i ved hiscertification in elder law fro m

the ABA- a p p ro ved Na t i o n a lElder Law Foun dation. He is

an attorney at Vin cent J.Ru sso and Associa tes PC in

Westbury, CT, and focuses hisp ractice on e lder law, esta t e

planning, an d real esta t e.

Class of 1994G o rd on Borvick is vice

p resident of NAI Lawre n c eG rou p LLC. H e heads the

c o r p o rate real estate servicesteam. Melissa Fe l d m a n a n d

Dean Shalit announ ce thebirth of th eir second son,

Logan Grahm. They reside inEncino, CA. G regg Menell

re c e i ved an M.B.A. degree inMay from The Wharto n

School of Busin ess and is joinin g Lehman Bro t h e rs

I n vestment Ban king as a sec-ond-year associa te in Au g u s t .

He married Jenn ifer SmolkinAECOM ’95 last Au g u s t .

Diane (Fink) Re i n and herhusband, David, announce

the bir th of their son , Olive rCharles Henry Rein. He joins

a bro t h e r, Alexa n d e r, 3.

Class of 1995L aw rence I. Garbuz is anassociate at the Morristo w n ,

NJ, law firm Rike r, Danzig,S c h e re r, Hyland & Pe r re t t i

L L P. He practices in the ta xand trusts and estates gro u p s.

Class of 1996Jennifer Bassuk is seniorman ager of busin ess deve l o p-

ment at StarMedia Ne t wo r k ,the leading Internet media

compan y ta rgeting La tinAmerica an d other Span ish-

and Portuguese-speaking mar-kets wo r l d w i d e. J u l i e

H y m a n a p p e a red in thea wa rd-winning documen ta r y

W h o ’s Dancin’ No w ? that aire don PBS in June. Th e docu-

m e n tary is about Jacquesd ’A m b o i s e ’s National Dance

In stitu te and highlights stu -dents who studied there as

c h i l d re n .

S UM M E R 2 0 0 1 3 9

Grad Le ads the Way to CLE O n - L i n e

Nathaniel Ginor ’00 is a member of themanagement team at the e-learn ing

company LawyersEd (www. L a w y e rsEd .com), thel a rgest provider o f online continuing legal education.

“The LawyersEd goal is to allow lawyers to re c e i veCLE credit at a time that’s convenient, in a subjectt h a t ’s re l e vant, while saving t ime and money,” saysNathaniel. Seminar offerings include traditional selec-tions such as “Jury Selection Techniques” and “Re v i s e dUCC Article 9,” and more current topics such as“ D i s c o very and Disclosure of Electronic Mail in Fe d e ra lCourt,” by Card o zo ’s own Prof. Charles Yablon. Semi-n a rs have been led by other Card o zo faculty members,including Stewart Sterk, Ky ron Huigens, David Carlson,Myriam Gilles, Marci Hamilton, and Melanie Leslie.

BALLSA Reunion Dinner Alumni re t u rned to the Law Schoo l fo r a spe cia l d inne r

hosted by BALLSA, at w h ich Lo retta Lynch , Un ited States Attorn e y, Ea stern District of New Yo r k ,

was the fe atured spea ker. (From le ft) Amy Va rgas ’02, Noel Williams ’87, Arthu r Ro jas ’93, Andre w

Left t ’01, Adekun le Banko le ’01, Pro f. Miriam Gilles, Vivian Walton ’01, a nd Prof. El Gates.

Class of 1997Eric Ku p e r m a n and his wife,H e i d i , WSSW ’94 announ ce

the birth of their son , Eliyah uA h a ron. Michael Liko s k y i s

a visiting re s e a rch fellow atthe Unive rsity of Bonn an d is

about to complete a D. Phil.in Law at the Unive rsity of

O x fo rd. He edited a book ofe s s a y s, Transnational Lega l

P ro c e s s e s that will be pub-lished in September an d dis-

tributed in the US byNo r t h western Unive rs i t y

P r e s s. A ra Mekhjian is anassoc iate in health -care pra c-

tice at the Columbus, OH, lawoffice of Squire, Sanders &

Dempsey LLP. Nathan A.Pa u l YC ’94 is vice pre s i d e n t

of legal affa i rs at Laza rd AssetManagement, a division of

L a za rd Fr è res an d Co. LLC.

Marie A. Rya n is an associ-ate at Reece & Associates in

B o s ton, MA. Previou sly shewas ADR pro g ram manager at

the In ternation al Tra d e m a r kAssociation. Melanie To r re s

wo r ked on and had a smallpart in the film “3 A.M.” sta r-

ring Danny Glover and Pa m

G r i e r, which aired onSh owtime July 1. She is

engaged to her business par t-n e r, dire c tor Lee Davis. They

h a ve just sold a story basedon Melanie’s life as the dau gh-

ter of Eddie To r res of theMambo Kings. Miramax will

s tart production this fa l l .

Class of 1998Arun Chandra pu blished an

article on antitrust liability fo re n fo rcing a patent pro c u re d

t h rough fraud in the US,which appeared in the Marc h

19, 2001 issue of M e a l e y ’sLitigation Report: Intellectual

P ro p e r t y . He is an associate a tM o rgan & Finnegan LLP.

Phillip Tave l is cre a tor ofM a g i - Nation , a new collec tible

c a rd game, complete withvideo games and comic books.

Launched in fall 2000, Magi-Nation is th e fo u r t h - b i g g e s t

selling game of its type. E l a n aWak sal Po s n e r a n n o u n c e d

her candidacy for NYCCouncil, to replace cou ncil

member Kathryn Freed. Elanawo r ked for Paul Weiss Rifkin d

W h a r ton & Garrison andfou nded iBeauty.com, an

In tern et startup. L e a hWa rs h aws k y m a r r i e d

L e o n a rd Silverman inC e d a r h u rst, NY. She is in

p r i vate pra c t i c e .

Class of 1999R i c h a rd Chern is an associ-ate at the NYC law firm of

Schulte Roth & Zabel LLP.Dina Maslow married Ad a m

Lancer in March. She is anassoc ia te at the law firm of

Louis Ginsberg PC. Ta m a rFrunia Silto n m a r r i e d

J e remy Epstein in Alban y,N Y, in March. She is a

M a n h a t tan assistant districta t torney in the office of th e

special narcotics pro s e c u to r.

IN M EM O RIA M

Harry Langhorne, Jr. ’80

passed away May 26, 2001. Hewas a criminal ju stice plann er

and systems analyst for theCity of Philadelphia Depart-

ment of Criminal JusticeS e r v i c e s. Previously, he was a

g o vernment attorney for Ne wYork S ta t e.

Letter to the Editor

In Memory of Judy Abrams ’96

Judy Abrams ’ 96 passed awa yon December 8, 2000. At

C a r d o zo, Judy pursued herstudies with exception al ener-

gy and enthusiasm. She was amember of the C a rd o zo Law

Re v i e w, an Alexander Fe l l o win th e Chambers of Ju dge

Jack Weinste in of the EasternDistrict of New York, and a

co-winner of the Card o zo - A BANegotia tion Competition . She

also was an active member ofher Upper West Side commu-

nity and the CarlbachS y n a g o g u e. An in spira tion to

us all, she showed tha t weshould follow our h opes an d

a s p i ra t i o n s, be invo l ved in ou rc o m m u n i t i e s, and fight fo r

ju stice an d the rights of chil-d ren. Judy is survived by her

son, Baruch Spier.—Joel Schmidt ’96

4 0 C A R D O Z O L I F E

Alumni Association We l c o m e sG raduating Students

On April 25, the Alumni Association welcomed third - y e a rstudents to the Association with a party that includedalumni speake rs offering advice about life after law school.Panelists we r e Jason Goldy ’00, associate at Weil Gotshal &Manges; Fay Leoussis ’79, chief of the tort division,C o r p o ration Counsel for the City of New York; ElanaWaksal Posner ’97, cofounder of iBeauty.com and atto r n e y ;and Robert Wallack ’99, Manhattan assistant d istrict atto r-ney. Other alumni we re on hand to mingle with students.

( F rom le ft) Co llee n Samuels ’00, Ja son Goldy ’00 , Elana Wa k s a l

Posne r ’97 , Robe rt Wa llack ’99, Tricia Pa ntze r ’98 , Fay Leoussis ’79,

Me lissa Bre i t b a rt Sohn ’98, Josh Sohn ’97, and Viv ien Naim ’87.

C A RVING UP INFO

Alumni attended a panel in spo rts and news med ia that was

convened a t the First Amendment Cen ter in mid tow n and

c o s p o n s o red by Cardozo . “Carving Up In forma tion Righ ts in

News and Sports” featu red Jeff rey Ke ssler, pa rt n e r, We i l

Gotshal & Ma nges; Bill Squa dron , ch ief e xecu tive o ff i c e r,

S p o rtvision ; Richard Kurnit, sen io r part n e r, Franfurt Ga rbus

K u rn it Klein & Selz; and Fe licity Ba rr i n g e r, re p o rt e r, The New

York Times. Pro f. Monroe Price modera ted .

FA C U LT Yb r i e fs

T h i rteen Pro f e s s o r sVisit During2 0 0 1– 0 2

A re c o rd number of visitingfaculty from around thenation and Israel will b ringnew faces to the LawSchool for 2001– 02. BothUr iel Pro c a c c i a a n dB a r ton Beebe, who visitedlast year and we re feature din the previous issue ofC a rd o zo Life, will return inthe fall semester. Pro f e s s o rP rocaccia will t each Cor-

p o ra t i o n s, and Law andC u l t u re; Professor Beebewill teach Tradem arks andAd vanced Tra d e m a r k s.

Also joining Card o zo fo rthe fall term is G e ra l dG u n t h e r, William Ne l s o nC ro m well Professor of Law,e m e r i t u s, from Sta n fo rdLaw School, where he hastaught since 1962. His are a sof interest are constitutionall a w, federal jurisdiction, andlegal h istory. He is authorof seve ral books, includingthe lead ing constitutionallaw casebook and an awa rd -winning biography of JudgeLearned Hand, for whomhe clerked from 1953 to1954. A year later, he alsoc l e r ked for Chief JusticeEarl Wa r ren. Pro f e s s o r

Gunther was an associate atCleary, Gottlieb, Fr i e n d l yand Hamilton for thre ey e a rs and then was a pro-fessor at Columbia Unive r-sity for six years. He was aGuggenheim Fellow and an NEH Senior Fe l l o w, andis a fellow of the AmericanAcadem y of Arts andS c i e n c e s. He has been a visiting professor at manyu n i ve rsities in this countryand in China, Au s t r i a ,Ghana, and Israel. Pro f e s s o rGunther holds an A.B. fro mB rooklyn College, an M.A.f rom Columbia Unive rs i t y ,and an LL.B. from Harva rdU n i ve rsity. He will teachConstitutional Law.

Martin Sto n e is pro f e s-sor of law and associate p ro-

fessor of ph ilosophy at DukeU n i ve r sity and will visit fo rthe full year. He holds aB. A . summa cum laudef rom Brandeis Unive rsity, a J.D. from Yale Unive rs i t y ,a B.Phil. from Unive rsity ofO x fo rd, and a Ph.D. in ph ilosophy from Harva rdU n i ve rsity. He also has ab a c k g round in music andstudied piano at the Cali-fornia Institute of the Artsand the Ta n g l e wood MusicFe s t i val. Professor Stone hasre c e i ved numerous academ-ic fellowships and honorst h roughout h is care e r, in-clud ing the George Plimpto nAdams Prize from Harva r dU n i ve rsity . His teachingi n t e rests include to r t s,j u r i s p r u d e n c e, philosophy

1 3

G u n t h e r

S t o n e

E D ITO R’S NO TE: After going top re s s, C a rd o zo Life l e a r n e dthat Professor Gunther isunable to teach in the fa l ls e m e s t e r.

of law, crim inal law, con-t ra c t s, and moral and politi-cal philosophy. He speaksf requently on philosophyand legal theory and pub-lishes ex t e n s i vely on thesesubjects as well. At Card o zo ,he will teach To r t s, Ele-m e n t s, and Jurisprudence.

Janet Dolgin, t h eMaurice A. Deane Distin-guished Professor of Consti-tutional Law at Hofs t raU n i ve rsity School of Law, isan anthropologist as well asa lawyer. Since joining theH o fs t ra faculty in 1984, shehas written widely on thet ra n s format ion of theAmerican family and ofAmerican family law. Hermost recent book, D e f i n i n gthe Fa m i l y (NYU Pre s s,1997), re v i e ws the law’sresponse to surrogacy andre p ro d u c t i ve technology toa n a l y ze the shifting mean-ing of the American fa m i l y .She also writes about theimplications of new genet -i c s. Previously, she ta u g h ta n t h ropology at ColumbiaU n i ve rsity and The Hebre wU n i ve rsity of Jerusalem ,and has published booksand articles on the subject.She holds a B.A. fro mB a r n a rd College, an M.A.and Ph.D. from Princeto n

U n i ve rsity, and a J.D. fro mYale Unive rsity. After g raduating from law school,P rofessor Dolgin pra c t i c e dat Davis Polk & Wa rd we l l .She lectured as a Fu l b r i g h tScholar in Israel and was a visiting p rofessor atCornell Unive rsity. In thefall, she will teach Fa m i l yLaw and Child, Pa rent &S tate; in the spring, Consti-tutional Law and Re p ro-d u c t i ve Te c h n o l o g i e s.

Av i va Ore n s t e i n is visit-ing from Indiana Unive rs i t ySchool of Law—Blooming-to n . After graduating withan A.B. and J.D. fro mCornell Unive rsity, shec l e r ked for Hon. Edwa r d R.B e c ke r, US Court of Appeals,T h i rd Circuit. Pro f e s s o rO renstein writes and teach-es in the area of evidence,legal profession, and chil-d ren and the law, and iscoauthoring the hears a yexceptions vo lume of theevidence treatise The Ne wW i g m o re. At Ind iana, shefounded the Children andthe Law Discussion Gro u pand coordinat es Outre a c hfor Legal Literacy. She alsoparticipates in the Bloom-i n g ton Court-AppointedSpecial Ad vocate Pro g ra mfor abused and neglectedc h i l d ren and serves on theb o a rd of the Victim-Offender Re c o n c i l i a t i o nP roject. She will teachEvidence and CivilP ro c e d u re in the fall andP rofessional Re s p o n s i b i l i t yin the spring.

O ren Gro s s is a pro f e s-sor at Tel Aviv Law School,w h e re he teaches interna-tional law, internat ionalbusiness tra n s a c t i o n s, andinternational trade law. At

C a rd o zo for the full year, hewill teach InternationalBusiness Tra n s a c t i o n s, Lawof Cybers p a c e, and Con-t ra c t s. He ho lds an LL.B.f rom Tel Aviv Unive rs i t yand an LL.M. and an S.J.D.f rom Harva rd Unive rs i t y .He was senior legal adviso-ry officer for the Isra e l iDefense Fo rces and Min-istry of Defense from 1986to 1991. Professor Gross wa san associate for one year at Sullivan & Cro m well, a Guberman Fellow atB randeis Unive rsity, and a Fulbright Scholar atH a r va rd. He fre q u e n t l ywrites and lectures abouthuman rights and interna-tional law.

Another six pro f e s s o rswill v isit Card o zo duringthe spring semester only:Stephen J. Mors e, U n i ve r-sity of Pe n n s y l vania LawSchool; R i c h a rd Delgado,U n i ve rsity of Colorado LawSchool; Mark Movs e s i a n ,H o fs t ra Unive rsity LawSchool; L ewis H. LaRu e,Wa s h i n g ton and Lee LawSchool; J e f f rey Haas, Ne wYork Law School; and H a lA b ra m s o n , To u ro LawS c h o o l .

PR OFE SS IO NAL HO NO RS

Barry Scheck and Pe t e rNe u f e l d , c o fo u n d e rs of theInnocence Project, re c e i ve dthe 2001 Charles W.

Froessel Awa rd from theNew York Law School LawRe v i e w and the Journa l ofInternational and Compara-t i ve Law. Among his manyspeaking engagements,Scheck appeared on a panelat a Brooklyn Law Schoolc o n f e re n c e, “DNA: Lessonsf rom the Pa s t — P roblems fo rthe Fu t u re. ”

Scott Sha piro was awa r d e dthe Gregory Ka v ka awa rdby the American Philoso-phical Associat ion. TheKa v ka awa rd is pre s e n t e de very two years for the bestpublished article in po liticalphilosophy. The essay fo rwhich he re c e i ved thep r i ze, “On Hart’s Way Out,”was published in L e g a lT h e o r y in 1998 and hassince been reprinted s e ve ral times. In March, he presented this paper inSan Francisco at theAmerican PhilosophicalAssociation, Pa c i f i cDivision. In January, heg a ve a paper entitled“Authority” at the AmericanAssociation of Law Schools,Section on Jurisprudence,and in May gave one entitled “Ulysses Unbound”at a conference on Deli-b e ration and Reason atBowling Green Sta t eU n i ve rsity in Ohio.

At a fa re well part y fo rDean Paul Ve r ku i l ,C a rd o zo Board MemberThomas H. Lee announcedthat when the dean stepsdown, Mr. Lee would l i ke the chair in public law that he has endowed to be renamed the Pau l R. Verkuil Chair in Public Law.

1 4 C A R D O Z O L I F E

D o l g i n

G ro s s

S UM M E R 2 0 0 1

PAP ER S PAN ELS S PEE C HES

Paris Balda cci was a dis-cussion leader at the annu-al American Association ofLaw Schools Clinical LegalEducation Conference inM o n t real. He conducted anannual training for LegalServ ices of New Yo r k(LSNY) on apartment suc-cession rights of nontra d i-tional family members,which was attended by ove r50 attorneys from legal services offices th ro u g h o u t

New York. LSNY publishedhis training materials inbooklet form as part of itsContinuing Legal Educations e r i e s. He p resented thet raining again for theVolunteer Lawyers Pro g ra mof the Civil Court of theCity of New Yo r k .

Lester Brickman was thekeynote speaker in April atthe Minnesota State BarA s s o c i a t i o n ’s Business LawI n s t i t u t e, where his subjectwas “The Role of Financial

S e l f - I n t e rest in the Gove r-nance and Operation of theLegal Profession and itsEffect on Society .” Earlierin the spring, he spoke on“Lawyer Abuse of Mass To r tand Other Aggre g a t i veMechanisms” at TheWilliam and Mary School ofLaw conference on “Tox i cTorts: Issues of MassLitigation, Case Manage-ment, and Ethics. ”

Malvina Ha lber s ta m c o n-tinued to speak out on

I s ra e l i - A rab conflicts,appearing on I s ra el Update,a cable television pro g r a m ,and presenting a m ini-c o u rse at the Fifth Ave n u eS y n a g o g u e.

Ky ron Hui gens d e l i ve re dt wo papers last winter atthe Unive rsity o f No r t hC a rolina Law School:“Solving the Appre n d iP u z z l e,” and “Law, Econom-i c s, and the Ske l e ton ofValue Fallacy.” A paper onthe latter subject was

After working for years in the re l a t i vely sm all field of com-p a ra t i ve const itutional law, Michel Rosenfeld, who is pre s i -dent of the International Association of Constitutional Law( I ACL), spent his sabbatical year finding that the field isg rowing and flourishing, not only in Euro p e, where it hasbeen stronger than in the United Sta t e s, but stateside ande ven in non- Western countries such as China. For twowe e k s, he tra veled and lectured in China, visitingShanghai, Beijing, and Sian and was fascinated to see thatt h e re was a growing Western-style society and a gre a ti n t e rest in the field, especially among younger peop le whoa re trying to effect gove r n m e n tal changes. He said, “I wa ssurprised at the very open discussions and that certa i nm e m b e rs of the audience criticized the Chinese gove r n-ment in front of their own officials.” At Remnin Unive rs i t yLaw School in Beijing, he was presented with the honora r ytitle of Guest Pro f e s s o r.

Rosenfeld also garnered another honor: he was appoint-ed editor-in-chief of the International Journal ofConstitutional Law, a faculty-run journal published byO x fo rd Unive rsity Press and sponsored by the NYU G l o b a lLaw School Pro g ra m , which will begin publication in 2002.C o i n c i d e n tally , last year was also the 20th annive rsary ofthe founding of IACL, which was re c o g n i zed at a Pa r i sro u n d table at which he presided and was a speake r.

He lectured and was a panelist and commenta tor atmany international confere n c e s, tra veling to Aix-enP ro ve n c e, Montpellier, Nancy , Re n n e s, and Pa r i s, Fra n c e ;Budapest, Hungary; Barcelona and Madrid, Spain; SaoPaulo, Brazil; and Palerm o, Italy . Nationally , he spoke atc o n f e rences held at NYU, Harva rd, Dartmouth, andU n i ve rsity of Maryland Law School. He even returned to

C a rd o zo at one point to speak at the Faculty Speake rsSeries on “Reconstructing Constitutional Quality .”

Ro s e n f e l d ’s book Just Interpre ta t i o n s was translated andpublished in French and Italian. His art icle “The Rule ofLaw and the Legitimacy of Constitutional Democracy” wa spublished this summer in the Southern California La wRe v i e w and will be published soon in both Chinese andSpanish tra n s l a t i o n s. A French translation of“Constitutional Decisions of the US Supreme Court’s1998–99 Term : Redefining the Boundaries of Fe d e ralism tothe Detriment of Individual Rights” was published in Re v u edu Droit Public. “American Constitutionalism Confro n t sD e n n i n g e r ’s New Constitutional Pa radigm Based onMaterial Security, Dive rsity and Solidarity” appeared inC o n s t e l l a t i o n s. “Le Point de vue du droit Americain” was inMichel Tro p e r ’s I n t e r ven tionisme Economique et pouvoir localen Euro p e, published in Paris by Economica. “Te a c h i n gConstitutional Law in the United States” was published inL’enseignement du droit constitutionnel, edited by JeanFrançois Flauss and published in Brussels by Fr u y l a n t .“Bilinguismo, identidad nacional yd i ve rsidad en los Estados Unidos”a p p e a red in L e n g u a s, Po l i t i c a ,D e re c h o s, ed ited by José MariaSauca and published by Unive rs i t yof Carlos III. And “Igualdad yaccion afirmativa para las mujere sen la Constitución de los Esta d o sUnidos” was published by Centrode Estudios Polit icos y Constitu-cionales in Mujer y Constitución en España.

Rosenfeld: Sleepless on Sabbatical

C AR DO Z O L I FE

published in the C a l i fo r n i aLaw Re v i e w, while the fo r-mer will be published inthe G e o rg e town Law Journalat the end of the year.

Arthur Jacobson a n dMichel Ro s e n f e l d a re edit-ing a new book on Election2000, which will be pub-lished by the Unive rsity ofC a l i fo rnia Pre s s.

M o n roe Pri ce’s b o o kTelevision, Public Sphere andNational Identity was pub-lished in Russian. In June,he gave a paper, “Na t i o n a lResponses to MediaG l o b a l i zation: To wa rd anAnalytic Fra m e work,” atthe Institute for Ad va n c e dStudy, in Princeton, NJ,w h e re he spent the year asa visiting fellow. His publi-cation Enabling Enviro n m e n tfor a Free and IndependentM e d i a (with Peter Krug) isbeing translated intoAlbanian, Serbo-Cro a t i a n ,Russian, Spanish, andFrench and will be distrib-uted by USA I D .

D avid Ru d e n s t i n e g a vethe 10th annual HelenBuchanan Seeger Lecture,s p o n s o red by the Center fo rHellenic Stud ies, Princeto nU n i ve rsity. His topic wa s“Who Owns the Pa s t ?G re e c e, England, Lord Elginand the Parthenon Sculp-t u re s.” While at Princeto n ,w h e re he spent the year asa visiting fellow, he alsocommented on a paper pre-sented at the Princeton Lawand Public Affa i rs seminar.His paper was entitled:“Civic Virtue, the Supre m eCourt and the Limits ofSociology : A Brief Comment

L a rry Cunn ingham (righ t)

signe d cop ie s o f his book

How t o Th ink Like Ben jamin

Gra ham and Invest Like

Wa rren B u ffet t ( M c G r a w - H i l l )

fo r Jack Bog le, founder

o f Va n g u a rd .

A studen t looks on .

Pau l Verku il hosted a

book party fo r Vi s i t i n g

P ro fesso r Georg e

F l e t c h e r, shown her e

sign ing Our Secre t

Const itu t ion : How

Linco ln Redefined

Amer ica n Democr acy,

pub lished by Oxfo rd

University Pre s s .

R i c h a rd We i s b e rg (righ t) wa s among the

many we ll-wishers a t the recep tion

mar king the publica tion o f We imar:

A Ju risp rudence of Crisis (Un iversi ty o f

C a l i f o rnia Press) by Arthu r Jacobson (left)

and Be rn h a rd Sch link of Humbo ld t

Un iversität zu Be rlin .

At the request o f the Stat e

D e p a rt men t , Malvina

Halbe rstam discusse d the

I n t e rnational Criminal Court

w ith the fo reign po licy

dele gation , a g roup o f for e i g n

d ip lomats and med ia re p re s e n-

tat ives, whe n they visited

in Fe b ru a ry.

on Christopher Eisgruber’sPa p e r.” In February he l e c t u red on “Bush v. Gore :Judicial Statesmanship orPartisan Politics?” at fo u rBritish law schools: Leices-t e r, Nottingham, Birming-ham, and De Montfort. Hisarticle “The Rightness andUtility of Vo l u n tary Re p a t r i-ation” will be published inthe A E L J , and “A Tale ofT h ree Documents: LordElgin and the Historic 1801O t toman Document” willbe published by the C a rd o zoLaw Re v i e w. His bookreview of Our Vietna m: TheWar 1954– 1 9 7 5 by A. J.Langguth was published inthe March 5 issue of T h eNa t i o n . In June, he partici-pated in two panels com-m e m o rating the 30th anni-ve rsary of the Pe n ta g o nPa p e rs Case, one sponsore dby the Vietnam Ve t e ra n sAssociation at the Na t i o n a lP ress Club, Wa s h i n g to n ,D.C., and the other spon-s o red by the Fe d e ral BarCommittee at the Cere-monial Court room, UnitedS tates Courthouse inM a n h a t ta n .

Jeanne Schro e d e r ’s n e wbook, The Triumph of Ve n u s :The Erotics of the Marke t ,has been accepted for publi-cation by the Unive rsity o fC a l i fo rnia Press and is due

out in 2002. In addition, shehad three law review arti-cles published re c e n t l y :“The Four Discourses ofLaw: A Lacanian Analysisof Legal Practice and Schol-a rship” in the Texas La wRe v i e w, “ Rationality in Lawand Economics Scholar-ship” in the O regon LawRe v i e w, and “Just So Sto r i e s :Posnerian Methodology” inC a rd o zo Law Re v i e w.

Paul Shupack s e r ved asthe consultant to the Ne wYork Law Re v i s i o nCommission on it s report tothe New York Legislatureon UCC Article 9. He wa schair of the Association ofthe Bar of the City of Ne wYo r k ’s int erc o m m i t t e eworking group, p re p a r i n gthat org a n i za t i o n ’s re p o r ton UCC Article 9. He wa sappointed the AmericanLaw Institut e’s re p re s e n ta-t i ve to the draft ing commit-tee charged with re v i s i n gUCC Articles 3, 4, and 4A.

Pete r Tillers was appoint -ed visiting professor of lawat Harva rd Law School fo rthe spring semester of2002. He will teachEvidence and Fact Inve s t i-gat ion . In the spring, hewas a panelist at a wo r k-shop on “Art ificial Intelli-gence and Legal Evidence, ”

held in St . Louis in conjunc-tion with the EighthInternational Confere n c eon Artificial Intelligenceand Law. He inaugura t e dthe workshop pro c e e d i n g swith an overview of thesubject from a “jurispruden-tial pers p e c t i ve.” He alsos p o ke at a Na t i o n a lRe s e a rch Council Wo r k s h o pin Wa s h i n g ton, D.C. on“ S c i e n c e, Ev idence, andI n f e rence in Education.”

R i c h a rd We i s b e rg was adistingu ished guest speake rat the Anti-Defa m a t i o nLeague symposium on therole of lawyers and judgesin the Holocaust, held inLos Angeles. He spoke on“Vichy Law and the Holo-caust in Fra n c e.” He wa salso a featured speaker at aspecial symposium held bythe National Ac to rs Theatreand American Society fo rYad Vashem following ap e r form ance o f the Bro a d-way production of J u d g m e n tat Nure m b e rg .

Ellen Ya ro s h e fs k y s p e n tthe summer working withBruce Green of Fo rd h a m ’sLouis Stein Ethics Centeron an ethics manual fo rlegal services lawyers andediting a book with Ju lieBlackman, B a t t e red Wo m e n :25 Ye a rs of Re f l e c t i o n .

She and Barry Scheck g a ve a pre s e n tation on“ Wrongful Convictions:Causes and Remedies” atthe AALS Clinical Te a c h e rs Confere n c e.

Pete r Yu was nam ed thee d i tor of a new book serieson intellectual property andtechnology law to be pub-lished by Kluwer LawInternational. He was alsonamed to the edito r i a lb o a rd of Gigalaw. c o m ,which provides legal info r-mat ion for Internet p ro f e s-s i o n a l s. He had two articlespublished: “From Pirates toPa r t n e rs: Protecting Intel-lectual Property in China inthe Twe n t y - f i rst Century” inthe American Unive rs i t yLaw Re v i e w and “Pira c y ,P re j u d i c e, and Pe rs p e c t i ve s :An Attempt to Us eS h a ke s p e a re to Re c o n f i g u rethe US-China IntellectualP roperty Debate” in theB o s ton Unive rsity Inter-na tional Law Journal. H ewas a panelist on “Curre n tTrends in E-Commerce andIntellectual Property” at theNational Asian Pa c i f i cAmerican Bar AssociationRegional Confere n c e, andc o o rg a n i zed “The Na p s t e rLitigation: What’s Next fo rPe e r - to - Peer Distribution?”for the New York State Bar Association.

S c h ro e d e rP r i c e

S h u p a c kR u d e n s t i n e

S UM M E R 2 0 0 1 1 7

h e re is an apocryphal story associat-ed with James Hogg, a nineteenth-century Scottish man of letters, that

c a p t u res some of the excite me nt ofN i e t z s c h e ’s reception among his Euro-pean contem pora r i e s. Hogg grew up inr u ral Scotland and began his work ing lifeas a shepherd. He acquired a tast e fo r

books while working for a landowning novelist, but hadlit tle tim e for literary purs u i t s . One of his tasks as a shep-h e rd was to ta ke his sheep to m arket in Edinburgh. Onone such occasion, he sold his flock and then purc h a s e da copy of Nietzsche’s newly published Thus SpokeZa ra t h u s t ra . He took the book back to his lodgings andread it overnight in one uninterrupted sitting. The nex tday, abandoning his career as a shepherd fo re ve r, he setout on foot for London. He wa l ked the 450 miles to theBritish capital and there embarked upon a successfulc a reer as a novelist and poet.

It is possible to fall in love with a book. Nietzscheonce asked the quest ion, “Of what use is a book that doesnot lead beyond all books?” He m eant it was possible fo rbooks to change lives; a book could influence a lifestyleor become a visceral part of how a reader live s, thinks,and acts. For such to be possible, re a d e rs had to be atten-t i ve, open , and ethical in the sense of embodying theideas that they encountered. Like James Hogg, re a d e rs

had to experience the excitement of ideas and had to bep re p a red to engage actively in ove r t h rowing their histo-ry or biography and its various filiations. Most we re not,and are not , such good or attentive re a d e rs. Nietzschehimself predicted that it would be a century or moreb e fo re his works acquired an audience patient andthoughtful enough to unders tand the radicalism, thepoetry, and part icularly the orientation of h is thought—not to the past but the future.

Nietzsche wrot e in the future tense about a being anda community that we re yet to come. The future, howe v-e r, has not always been kind to h is ideas. Adopting a ve r yloose set of stere o t y p e s, the English saw him as a thre a tto the faith, as a heretic and a challenge to the monar-ch ical order o f common law. The French flirted with hisaesthetic theory but took his philosophy less than seri-ously, while in Germany fascism made brief use of hisideas of racial purity, a future aristo c racy, and a highero rder of being that was yet to come. His m ost seriousreception was in Scandinavia where the bleakness of h ism e taphysics was appealing and where, appro p r i a t e l yenough, h is death mask came to rest in Stockholm. Morerecently, feminists have rightly atta c ked Niet zsche’smisogyny, and liberals have worried about h is scorn fo rthe hitherto - existing forms of democracy and law. Pa r-ticularly in the legal academy in the United Sta t e s, hiswork has been inaccurately dismissed as a source of

1 8 C A R D O Z O L I F E

NIE T Z SCHEPeter Goodrich, Professor of Law

C O M E S O F A G E I N A M E R I C A

T

nihilism or as a threat to belief in law. His work has beenre c e i ved in the main negatively. A law pro f e s s o r, EdgarB o d e n h e i m e r, even thought it worthwhile to write abook disproving nihilism by arguing that ‘in sum’ lawhas done more good than harm. The excitement ofN i e t z s c h e ’s work , his radically positive view of the futureand of our abilities as future re a d e rs, has yet to bee m b ra c e d .

Nietzsche died in 1900. A century on, as he fo re s a w,it is time to look to the future of his ideas and so addre s stheir contemporary re l e va n c e. For sure, Nietzsche was at h reat. Za ra t h u s t ra announced the death of God andsmashed the commandments, the tables of the law.E l s e w h e re in his writings, Nietzsche argued that truthwas a m etaphor distinguished only by the fact that wehad fo rgo tten that it was a meta p h o r. He argued thatE u ropean culture, and particu larly the Pau line cre e d ,was antihumanist, re p re s s i ve o f both sensuality andp l e a s u re, and p ro foundly nihilistic. He wished, in otherwo rd s, to overturn the law, to rethink it from a material-ist or even hedonistic pers p e c t i ve. He wanted to wa kethe lawyers up and at the same tim e arouse their slum -bering cousins, the scholars or philologists who spelledout and uselessly pre s e r ved the sources but not thei n s p i rations of the law.

W h e re better than in the legal academy to return tothe questions that Nietzsche posed to scholars as law-y e rs, and lawyers as scholars? Where bett er than theUnited Sta t e s — E u rope without b ra ke s — to address thef u t u re tense of his wo r k ?

Nietzsche was not a nihilist. In The Will to Po we r, h edescribed a certain nihilism, a life-denying quality, ahostility to the body and to pleasure that was intrinsicto St. Pa u l ’s interpre tation of Christian doctrine. InN i e t z s c h e ’s account, nihilism was a stage in the tra j e c to-ry of meta p h y s i c s. With the slow re a l i zation and incor-p o ration of the death of God, it would become possibleto move beyond nihilism to wa rds an affirmation of thebody and an attention to the pleasure s, rhythms, to n e s,and modulations of a ‘this- worldly’ ex i s t e n c e. Nietzsche’snihilism was specific and temporary. It smashed theidols of a paternity and law that had outlived their geo-g raphical and historical sourc e s. By the same to ken, a

Nietzschean reading of positive law is concerned witho ve r t h rowing an archaic legalism and methodology infa vor not of ending the law but o f knowing it better.

If the anecdote about James Hogg shows that re a d-ing Za ra t h u s t ra can change a life, the contempora r yscholarly re c o n s i d e ration can show that re a d i n gNietzsche can potentially inspire people to re w r i t ethe law. Perhaps uniquely, Niet zsche offers ana n t h ropology of legalism and of lawyers. In thef u t u re tense, he wanted to know what colorslaw will add to ex i s t e n c e. He wanted to knowhow laws attach to places, chara c t e rs, andp e o p l e s. Most of all, he was keen to movebeyond a legal scholarship based uponem ulation, repetition, and the closure ofimagination, to wa rds new laws or lawtables for the community yet to come.Just as Nietzsche argue d that anu n d e rs tanding of the classics re q u i re d“a head for the symbolic,” an under-s tanding of law re q u i res an appre-ciat ion of law as a form of life, asan embodied pra c t i c e, an ethico r, in Nietzsche’s idiom, aesthet-ic and lifestyle. In the end (andh e re James Hogg’s abandon-ment of his earlier life is per-haps too ex t reme anemblem) Nietzsche doesnot recommend givingup or abandoning thel a w. His work mayoffer criticism of thea rchaic tone andb a c k wa rd - l o o k i n gstyle of muchlegal pra c t i c e, buthis thesis is thatwe need to un-d e rs tand thelaw bett er soas to writeit anew. ■

S UM M E R 2 0 0 1 1 9N i e t z s c h e ’s death mask

ED ITO R’S NO TE: P ro fesso r Goodrich a nd C a rdozo Law Review have

o rga n ized a two-day conference “Nietzsche and Legal Theo ry” that will

be held at Cardozo October 14–15, 2001 . Fo r more in fo rmation ca ll

212-790-0324 or e-ma il: j a c l y n s s @ m i n d s p r i n g . c o m.