Yeshiva University, Cardozo School of Law LARC @ Cardozo Law

Cardozo Life Publications

Fall 1991

1991 CSLife (Fall)

Benjamin N. Cardozo School of Law

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Recommended Citation Benjamin N. Cardozo School of Law, "1991 CSLife (Fall)" (1991). Cardozo Life. 38. https://larc.cardozo.yu.edu/cardozo-life/38

This Book is brought to you for free and open access by the Publications at LARC @ Cardozo Law. It has been accepted for inclusion in Cardozo Life by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. Fall News From Benjamin N. Cardozo School of Law/Yeshiva University 1991 Cardozo's New Dean: FrankJ. Macchiarola Frank Macchiarola, who has a consisting of a board of 120 reputation around New York for leaders in N~wYork City, dedicated turning around institutions in to improving economic and social trouble, says the deanship at ~onditions in the city. He served as Cardozo is "the first time I have chancellor of the New York City ever been given anything that Public School System from 1978- wasn't broken." 1983, supervising the educational His mission at Cardozo is "to program of almost one million give our students a level of com­ students from kindergarten through petence and to help them contrib­ high school. He was also director ute to society." He doesn't see of the New York State Emergency Cardozo offering "law like a trade Financial Control Board for New school, but rather as eptre to a York City during the city's fiscal wealth of professions." Educators crisis. are "transformers," he explains, In the public service arena, Dean and that is how he apprnaches his Macchiaro!a was chairman of the new position. "We need to examine New York City Districting Commis­ our values, as a school and as a sion, which recently completed the society. We need to understand drawing of new City Council Dis­ where our students are going, and trict lines for the 1991 election. He help to point the way." served on the New York City These are times of change, both Charter Revision Commission, the for the legal profession, and for bia University's Graduate School of New York City Campaign Finance society as a whole. Our new dean Business with teaching and research Board, New York City Water Board, sees a common thread - "the interests in business law, govern­ and New York City Tax Study underdevelopment of human capi­ ment regulation of business, and Commission. He has been presi­ tal. Our objective is to enable our not-for-profit management, he earl­ dent and executive director of The students to change to meet the ier served as assistant vice president Academy of Political Science, circumstances they confront." for academic affairs for Columbia. founded in 1880 at Columbia Beyond its student body, Cardozo He was chairman of the Advisory University to promote objective, itself will become increasingly a Committee of the Columbia Busi­ scholarly investigation of political, part of the solution as society's ness School Community Collabor­ social, and economic problems. needs change. "Our clinics will be ation, and served on doctoral Described by the New York Law stretched," says Macchiarola. panels in political science and Journal as a "man of a thousand "Cardozo is part of the redefined education. A faculty member at the hats," Cardozo's new dean seems 'safety net'. We will encourage City University of New York from pleased to be heading an organiza­ scholarship, and seek philanthropic 1964 to 1985, he held professor­ tion not in crisis. "This school is support so that Cardozo can dis­ ships in law, business, and political running, and running well," he says. tinguish itself in areas where our science at both Baruch College and "It has a strong academic program scho9l can really make a the CUNY Graduate School. He . . . a faculty that has distinguished difference." served as vice president of the itself, and a strong economic base." Dean Macchiarola earned his Graduate School, and as director of As dean, he will concentrate on B.A. at St. Francis College, and his the Top 40 Program of the CUNY "strengthening Cardozo's ties with LLB. and Ph.D. at Columbia Univer­ Urban Academy for Management. its alumni and getting the school's sity. His interests and expertise Dean Macchiarola was president name more recognized in the city SfJan the academic, executive man­ and chief executive officer of The as a first-class legal enterprise. As a agement, and public service arenas. New York City Partnership, Inc., a young school, Cardozo has a reputa­ A professor of business in Col um- business and civic organization tion to build." Associate Deans Named CSLife is published by Benjamin N. Cardozo School of law, Yeshiva University, Brookdale Center, 55 Fifth Avenue, New York, NY 10003 (212) 790-0310. Cardozo Board of Directors Jacob Burns Chairman Charles Ballon Honorary Chairman William A. Shea Vice Chairman Blanche G. Etra Secretary University Administration Norman Lamm President Israel Miller Senior Vice President Egon Brenner Executive Vice President Dominick P. Purpura Stephen Bogart has been named Cardozo Professor Steven Nem­ Vice President f or associate dean for administration, a erson has been named associate Medical Affairs new position at Cardozo. Dean dean for academic affairs. "Profes­ Sheldon E. Socol Bogart is a former colleague of sor Nemerson," says Dean Macchia­ Vice President f or Business Affairs Dean Macchiarola's, having worked rola, "is an outstanding classroom David H. Zysman with him at the City University teacher and has served previously, Vice President f or Development Urban Academy and at the New with distinction, as associate dean Herbert C. Dobrinsky York City Board of Education. He for academic affairs." Dean Vice President f or comes to Cardozo from Newsday, Nemerson replaced Professor Peter University Aff airs where he served as manager of Lushing, who will be returning Sam Hartstein circulation administration. fu ll -time to the classroom. Director of Public Relations Martin H. Bockstein General Counsel Faculty News Cardozo Administration FrankJ.Macchiarola Professor John Beckerman Law in Law School Curricula," held Dean attended the tenth British Legal in London this summer. He de­ Steven Nemerson History Conference, held in Oxford, livered a paper titled "Fundamental Associate Dean England in mid-July. His article, Principles of Family Law. " The Stephen Bogart "Procedural Innovation and Institu­ conference was sponsored by the Associate Dean tional Change in Medieval English Israeli government with the co­ Dorrit Cowan Associate Dean Manorial Courts" has been accepted operation of Israeli Law schools. Arlene Eager for publication by the Law and Professor Malvina Halberstam Associate Dean History Review. During February participated in a conference on Anita Walton and March 1991 , he1 participated in "The Crisis in the Gulf: Enforcing Director, Admissions several sessions of a program the Rule of Law", sponsored by the Lynn Wishart entitled "Constitution Workers," American Bar Association Standing Director teaching selected New York City Committee on Law and National Chutick Law Library high school students about the Security in Washington, D.C. She Marti Michael Fourth Amendment, sponsored by presented a paper entitled "The Editor The Constitution Works. Myth that Israel's Presence in Judea On the Cover: Monroe E. Price, Professor David Bleich has and Sumaria is Comparable to who resigned as dean of Cardozo been named the first chairman of Iraq's Presence in Kuwait. " Profes­ in June after nine years, will spend the 1991-92 academic year the newly-formed Jewish Law Sec­ sor Halberstam was a member of doing research at Oxford Univer­ tion of the American Association of the Faculty of the National Security sity before returning to Cardozo Law Schools. Rabbi Bleich partic­ Law Institute, sponsored by the to teach. ipated in a conference, "Jewish (Continued on page 4)

2 LEX - Innovation The Legal Experience Program (LEX) , now in its second year, is Cardozo's innovative way to assist minority law students to overcome the economic burden of the first year of law school and to obtain an important practical legal experience early on in their academic studies. In the first year of the program five students participated and were placed at firms and agencies in­ cluding Paul Weiss Rifkind Wharton & Garrison, Simpson Thacher & Bartlett, and the Corporation Counsel. Based upon last year's experience This year's LEX students meet with Dean Macchiarola. and the comments of participating first semester of law school this program, after completing their students and work placements, the summer. They will spend the next second semester next summer, the LEX program expanded this year. nine months working as paralegals LEX participants will all join their In a cooperative effort of the Office in participating firms at salaries Class of 1994 colleagues as second of Admissions and the Center for which are commensurate with their year students in the fall of 1992. Professional Development, a dozen experience and the standard pay The 1991 LEX students come 1991 LEX students completed their scale of each office. Under the (Continued on page 6)

Faculty could not have been more timely U.S . Supreme Court decision reject­ (Continued from page 2) - Affirmative Action and Justice: ing the Nixon Administration's National Security Law Center at the A Philosophical and Constitutional attempt to stop The Times from University of Virginia. The Institute Inquiry, published by Yale Univer­ publishing parts of the Pentagon was attended by members of the sity Press, offers an interdisciplinary Papers. "Today," wrote Rudenstine, faculties of a number of law analysis of this hotly-debated issue. "the significance of the case is schools and political science de­ Professor Rosenfeld discusses the being lost at a time when the partments throughout the U.S. and treatment of affirmative action by government is withholding infor­ several foreign countries, and by libertarian, contracterian, utilitarian, mation for reasons less substantial members of the faculty of the U.S. and egalitarian political philos­ than those at stake in the Papers Army War College, the Judge Advo­ ophies. After an examination of the case." cate General's Office of the Army, U.S. Supreme Court's rulings on Professor Richard Weisberg's the U.S. Air Force Academy, and affirmative action, he presents his "Legal Rhetoric Under Stress: The the Director of International Law at new theory. He advocates adopting Example of Vichy" ( Cardozo Law Canadian National Defense Head­ a principle that he calls "justice as Review, April 1991) was featured in quarters. The faculty included prom­ reversible reciprocity" to provide a David Margolick's New York Times inent legal scholars and govern­ unified philosophical and consti­ "At the Bar" column, May 17, 1991. ment officials, including the direc­ tutional justification of affirmative Professor Weisberg's Poethics will tor of the CIA and the director of action. Professor Rosenfeld pre­ be published by Columbia Univer­ the U.S. Arms Control Land Disarm­ sented "Reinforcement of .Consti­ sity Press late this year. The Italian ament Agency. Professor Halberstam tutionalism in the Western States" version of his The Failure of the taught the session on Legal Re­ at the Third World Congress of The Word, fl Fallimento delta Paro/a sponses to International Terrorism. International Association of Consti­ (Bologna, II Mulino, 1990) has Professor James B. Lewis tutional Law, held in Warsaw in been reviewed recently in the spoke at Cardozo's summer pro­ early September. Venice journal, "Shalom", and in gram in Budapest. His topic was The New York Times featured ''L'Indice" in Rome. Professor Weis­ "International Aspects of United Professor David Rudenstine's berg will address the judges of the States Income Taxation." piece, "Pentagon Papers, 20 Years courts of New York State in Coop­ Professor Michel Rosenfeld Later" on the anniversary of the erstown on October 3rd.

3 International Placements The Center for Professional Development, together with the Program in International Law and Human Rights, placed more than twenty students in positions abroad for the summer. Students worked in The United Kingdom, France, Switzerland, The Netherlands, Israel and Hungary in judicial chambers, law firms and agencies. Five students who went abroad were Ford Foundation recipients. Three went to Israel under the auspices of the Bauer Fund. Vera Losonci, Class of '93, spent the summer as clerk to the Chief Judge of the Hungarian Supreme Cardozo student Mindy Merdinger (right) with her "mates" and a bobby during her Court. summer London placement. Law Careers Day at Cardozo Last winter, Cardozo's Center for plenary session, "Preparing for Bar of the City of New York; and Professional Development, in con­ Careers in International Law," "Careers in Private International junction with The Program in moderated by Professor Oscar Finance, Banking, Taxation and International Law and Human Schacter, Hamilton Fish Professor Intellectual Property," moderated Rights, and The International Law Emeritus of International Law and by Cynthia Lichtenstein, Esq. Society, sponsored The Third Inter­ Diplomacy, Columbia University Some of the law schools repre­ national Law Careers Day. This School of Law. sented by students included: Albany one-day seminar for students inter­ The afternoon featured three School of Law; American University ested in careers in both the public concurrent panels: "Careers in School of Law; Boston College and private practice of international Public International Law and School of Law; Boston University law attracted more than 225 stud­ Organizations," moderated by School of Law ; Brooklyn Law ents from around the nation. They Cardozo Professor Malvina Halber­ School; Catholic University School came to Cardozo to hear a world­ stam; "Careers in International of Law; C.U.N.Y. School · of Law; class array of guest speakers. Trade, Admiralty and Customs Law, " Columbia University School of Law; The keynote address was given moderated by Saul Sherman, Esq., Fordham University School of Law; by Elizabeth Verville, Deputy Assist­ Chairman, International Trade Com­ Harvard School of Law; Hofstra ant Secretary of State, followed by a mittee of the Association for the University School of Law; New York Law School; New York Univer­ sity School of Law; Pace University Int~rnational Institutes School of Law; Rutgers, Camden School of Law; Rutgers, Newark School of Law; Seton Hall School of Law; St. John's University School of Law; Suffolk University School of Law; Syracuse University School of Law; Temple University School of Law; Touro College School of Law; University of Bridgeport School of Law; University of Buffalo School of Law; University of Connecticut School of Law; University of Mary­ Cardozo sponsored four International Institutes on Law, Trade, and Social Change land School of Law; University of overseas this summer. The Institutes were held in Maastricht (The Netherlands), Pittsburgh School of Law; University Budapest, Hong Kong, and Moscow. Courses included "The New World Economy: of Vermont School of Law; Yale Policy and Practice" and "Law and Society in a Time of Rapid Change." The courses University School of Law; and were taught by Cardozo professors, local professors, and practitioners from American firms with offices in each city. Pictured here is Charles Booth of the Western New England School of International Trade Commission teaching ''The New World Economy" in Hong Kong. Law. 4 A Summer of Practice and Study The Summer Institute for Place­ ment and Career Development, established in 1983, is a unique program designed to expand the professional opportunities for Car­ dozo students by combining aca­ demic study with exposure to legal practice. The Institute offers inten­ sive seminars, for credit, conducted by outstanding practitioners and teachers in a wide range of substan­ tive areas. Student participants are also placed full-time in related internships under the supervision of attorneys. Companion classes in professional responsibility explore relevant ethical questions. Pictured here (I to r) at a Summer Institute reception are two summer employers who are also Cardozo alumni: Muriel Caplan (Cardozo class of 1979) who is with At work, students function as Henry Holt & Co. and Carol Slater (Cardozo class of 1980) who is with the New York full-time law clerks. Their duties City Department of Buildings. At right is Cardozo Dean Frank Macchiarola. include research and writing of combined his summer placement manently available to Department legal memoranda, briefs, and with a course in litigation taught staffers. "The interogatories are motions on substantive and pro­ by Michael Ross ("the course was tough," laughs Jim. "When I'm out cedural issues. Students also excellent," says Jim), managed to in private practice I hope I'm never observe depositions, trials, and produce a useful and fascinating on the receiving end of them." administrative hearings, and attend "first" for the State. "I researched This summer's employers includ­ client conferences. all the statutory and regulatory ed New York State Supreme Court This summer, 98 students were powers of discovery available for Judge Stephen Crane (who also enrolled and placed in the Institute information gathering within the teaches Judicial Process and Ethics at - an increase from last year of State conservation laws and regu­ Cardozo); Alan Kaufman, a partner 35%. Several factors contributed to lations," he says. "I drafted a at Ballon, Stoll & Itzler; and Muriel the increased enrollment. Because model set of interogatories making Caplan, a 1979 Cardozo graduate of the generosity of The Friends of use of all available powers." That who is at Henry Holt & Company Cardozo, the School was able to piece of important work is per- Publishing. reduce the fees. In addition, a tightening job market made the Institute an even more attractive Prosecutor Practicum and viable alternative for students who had difficulty obtaining posi­ tions on their own. As a result of the increased enrollment, several new courses were also added, including Environ­ mental Law & Public Interest Law, as well as an additional section of popular Civil and Criminal Litiga­ tion Seminar. Existing courses in­ cluded International Trade Law, Entertainment Law, Bankruptcy Practice, Judicial Process and Ethics and The Program in International Eight Cardozo students are selected each year to participate in a semester-long full­ Law and Human Rights. time externship in the Manhattan District Attorney's office. The program, called the "Prosecutor Practicum", is under the supervision of Professor Edward deGrazia and Student Jim Norman reports a Adjunct Professor Irving Hirsch of the Manhattan District Attorney's office. The "fascinating summer at the New Student Assistant D.A.'s pictured here being sworn in by Manhattan D.A. Robert M. York State Department of Environ­ Morgenthau are (1 to r): Larry Kroll, Bill Belmont, Adam W. Cohen, Mitchell R. mental Conservation." Jim, who Friedman, Peter Good, Andrea E. Saccor, Mireya L. Calderin, and Beth Silberstein.

5 Two-Day Conference on Comparative Constitutionalism Planned for October 13, 14 Cardozo's Jacob Burns Institute University; Andras Sajo, Law and for Advanced Legal Studies and the Sociology, Hungarian Academy of Cardozo-New School Project on Sciences, and Benjamin N. Cardozo Constitutionalism will sponsor a School of Law; Frederick Schauer, two-day conference on Sunday and Kennedy School of Government, Monday, October 13 and 14, en­ Harvard University; and Kendall titled "Comparative Constitutional­ Thomas, Law, Columbia University. ism: Theoretical Perspectives on Commentators will be: W. Cole the Role of Constitutions in the Durham, Jr., Law, Brigham Young Interplay Between Identity and University; Agnes Heller, Philos­ Diversity." ophy, Graduate Faculty, New School The keynote address, by Colum­ for Social Research; Marty Slaughter, bia University Law Professor Louis Law, Benjamin N. Cardozo School Henkin, entitled "A New Birth of Panel II is entitled "The Identity of Law, and Aristide Zolberg, Poli­ Constitutionalism: Genetic Influ­ of the Constitutional Subject and tical Science, Graduate Faculty, ence and Genetic Defects," will be the Search for Authoritative Constitu­ New School for Social Research. delivered at 7:00 p.m. on Sunday. tional Meaning." Papers will be The final panel will be "Consti­ Panel I on the 13th will deal presented by: Aharon Barak, Judge, tutional Boundaries Between Self with "Constitutionalism as Bridge Supreme Court of Israel; George and Other: The Role of Property Between Self and Other: The Poli­ Fletcher, Law, Columbia University; and Privacy Rights." Papers will be tics and Legitimation of Consti­ Carlos Nino, Center for Constitu­ by: Jean Cohen, Political Science, tution Making. " Papers will be tion al Studies, Buenos Aires, Columbia University, Drucilla presented by: Andrew Arato, Argentina; and Dominique Rous­ Cornell, Law, Benjamin N. Cardozo Sociology, Graduate Faculty, New seau, Law, University of Montpel­ School of Law; Laszlo Solyom, School for Social Research; Jon lier. Commentators will be: Wiktor President, Constitutional Court of Elster, Political Science and Philos­ Osiatynsky, Adviser on Constitu­ the Republic of Hungary; Bernhard ophy, University of Chicago, In­ tional Issues to the Polish Senate Schlink, Law, University of Bonn; stitute; Ulrich Preuss, Law, Univer­ and Director of Center For Human and Cass Sunstein, Law, University sity of Bremen; and David A.]. Rights, Warsaw; Ruti Teitel, Law, of Chicago. Commentators wil be: Richards, Law, New York University. New York Law School; and Robin Marci Hamilton, Law, Benjamin N. Commentators will be: Ferenc West, Law, University of Maryland. Cardozo School of Law; Arthur Feher, Political Science, Graduate On Monday the first panel will Jacobson, Law, Benjamin N. Faculty, New School for Social be "Freedom, Equality, Individuals, Cardozo School of Law; and Michel Research; Stanley Katz, President, Groups and the Struggle Between Rosenfeld, Law, Benjamin N. American Council of Learned Identity and Difference." Papers Cardozo School of Law. Societies; and Peter Quint, Law, will be delivered by: Sander Gil­ For information and reservations, University of Maryland. man, History and Psychiatry, Cornell call (212) 790-0234.

LEX = Innovation includes a National Merit Award The firms and agencies partic­ ( Continued j rom page 3) Finalist and a captain of St. John's ipating for 1991-92 include: from varied backgrounds. A number University's Women's Basketball Simpson Thacher & Bartlett of the students come to law school team. Stroock & Stroock & Lavan directly from undergraduate school Several other of the LEX students The Legal Aid Society of New York with degrees in psychology, crim­ for '91-'92 have worked in profes­ Wachtell Lipton Rosen & Katz inal justice, political science, com­ sional capacities before coming to Weil Gotshal & Manges puter science, government and law school. These students have Each of these employers is taking public administration, economics, worked for such organizations as one or more students to work in business administration, account­ the IRS, McDonnell Douglas Aircraft their offices, beginning after Labor ing, electrical engineering and Corp., Cigna and State Farm Insur­ Day. communications. The group also ance Companies.

6 Alumni News Class of 1979 "Navigating for Safe Harbors: Stark Class of 1987 and Fraud and Abuse Implications The law firm of Robert Book­ for Your Hospital" at the Annual Jay J. Sangerman has started man andJerry Goldfeder (known Small and Rural Hospitals Meeting, his own legal practice. "I chose to as Goldfeder and Bookman) has and "Rural Health Issues in the create a practice," he writes, "with merged with Warren B. Pesetsky. 1990s" at the ASC Health System an emphasis on personal issues in Pesetsky Goldfeder and Bookman Leadership Forum. order to assist people in making is a general practice firm at 325 some of the most difficult decisions Broadway, Suite 501, New York, Class of 1982 of their lives, incorporating my 10007. rabbinic counselling skills into the Bruce L. Birnbaum, of Compre­ legal process." He focuses on the Class of 1981 hensive Financial Services, offers preparation of wills and trusts, Howard F. Strongin is a partner financial services and counsel in health care prqxies and living at Lester Schwab Katz & Dwyer, the areas of estate planning, taxa­ wills, durable powers of attorney specializing in products liability tion, insurance, financial planning, and springing powers of attorney, law and complex litigation. He is and corporate benefits design. He and Medicare,and Medicaid issues. an adjunct lecturer at New York recently taught "Elder Law - His office is at 171 East 84th Street University, Department of Law and Senior Citizen Entitlements" in the in Manhattan. Taxation, and is an arbitrator in the Lawrence, N.Y. public school's con­ tinuing education program. Bruce's Civil Court of the City of New York. Class of 1989 "Most importantly," he writes, "I office is located in East Meadow, am the father of two children: N.Y. Diane Bernstein, an associate Michael and Sarah." Class of 1984 at Phillips, Nizer, Benjamin, Krim Monte Dube is a partner with & Ballon, was sworn in as a McDermott, Will & Emergy in Glen Trotiner is working as an member of the bar with her son, Chicago, specializing in health law. Assistant Motion Picture Director. David, a law clerk to a federal His recent presentations include His current project is "Free Jack." judge in Boston. Cardozo Students Excel Scholarship Fund Douglas Wolf ('92) has won of Architects for the "excellent Established for the Nathan Burkan Memorial Com­ publication in the Cardozo Law Work with the Aged petition. The Burkan competition, Review, 'Statutes of Repose and the held each year at Cardozo, is Construction Industry: A Proposal The Central Bureau for the Jewish sponsored by ASCAP and is de­ for New York. ' The Association's Aged has established three $50,000 signed to stimulate interest in the president explained "The Detailed scholarship funds - one for Car­ field of copyright law. Mr. Wolfs dozo Bet Tzedek students, one for history and background of statutes winning essay is entitled "The AECOM students studying geriatrics, Doctrine of Elections: Has the of limitations in your article have and one for Wurzweiler students Need to Choose Been Lost?" helped us enormously in our lobby committed to advocacy for the Andrew Alpern, AIA, ('92) has efforts, and we appreciate your aged. Dan Reingold (CSL '81) is a received a Presidential Citation giving us the opportunity to use it member of the Central Bureau for from the New York State Association before the Legislature." the Jewish Aged Board of Directors.

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