Fall 2010 Law School Briefs

Contents FEATURES Making the Grade: Eight New Faculty Members Join Brooklyn Law School 23 In this feature we are proud to introduce the newest members of our BLS community: Bradley Borden, Adam Kolber, Gregg P. Macey, Samantha Amdursky, Mark Noferi, Jessica Attie, Margo Kaplan and Jane Yakowitz. These professors bring not only considerable professional experience, but also an impressive body of scholarship in the areas of tax, environmental justice, health law, bioethics and neuroethics, and data privacy. On the Road to the American Dream: Brooklyn Law School Leads the Way in Immigration Law 30 By Andrea Strong ’94 and Stephanie Staal ’10 Immigration issues have dominated the news headlines in recent years, and Brooklyn Law School is making a name for itself in the field. The Law School has produced an impressive group of judges and advocates working in all aspects of immigration law — from big firm practice to nonprofit organizations, from government to small law firms. In this feature we share some of their stories, and we also highlight some of the exciting changes in our curriculum that have inspired our students to begin their career as immigration lawyers. Cooperation’s Cost: A Look at the Real Price of Criminal Cooperation 40 By Professor Miriam Baer Fans of “The Wire” will want to read this insightful and provocative piece that explores the true effects of cooperation on potential offenders. Professor Baer argues that while cooperation is often useful, when used improperly, it may create more problems than it solves. This is particularly the case when defendants experience a Sanction Effect, in which criminal behavior may be encouraged (or at least not deterred) because of the belief that their ultimate punishment will be reduced as a result of their opportunity to become cooperators. DEPARTMENTS The President’s Message 2 Law School Briefs 3 Faculty Highlights 44 Development Corner 55 Alumni Update 57 In Memoriam 7o The President’s Message brooklyn law school has grown both in size and complexity over the past two decades, and as a result, the Board of Trustees has decided to separate the executive academic and executive business functions. In July, I took on the exciting new role of President of the Law School, a position that will focus my time on the executive business of the School, including major capital projects, developing more housing for our students, and of course, fund-raising and institutional advancement. While we search for a new Dean, Michael A. Gerber, who has been an integral part of the fabric of this school for nearly 30 years, has taken on the role of Interim Dean. We open this issue of LawNotes with a profile of Michael, who has already begun to lead the Law School through this historic phase of transition with insight and grace. He is the ideal person for this job. He is highly respected by his colleagues, has strong ties to our graduates and the practicing bar, and is beloved by students. Our cover feature of the magazine is dedicated to the topic of immigration law. Thanks to the passionate work of Professors Stacy Caplow and Maryellen Fullerton, the Law School is making a name for itself in the field of immigration law. This feature highlights our rich curriculum and also profiles the impressive network of BLS alumni who are practicing in this area. Our second feature, “Cooperation’s Cost,” was written by Professor Miriam Baer, one of the Law School’s rising stars. Her piece was one of two criminal law papers selected for the 2010 Stanford-Yale Junior Faculty Forum. “Cooperation’s Cost” explores the effects of cooperation on potential offenders. She argues that while cooperation is often useful, when used improperly, it may create more problems than it solves. We are also proud to introduce eight new faculty members who bring to the Law School not only considerable professional experience, but also an impressive body of scholarship in the areas of tax, environmental justice, health law, bioethics and neuroethics, and data privacy. Finally, we highlight some of the most exciting events of the past semester. We were honored to welcome Mayor Michael R. Bloomberg, who addressed the Class of 2010 at the Law School’s 109th commencement, Justice Samuel A. Alito, Jr., who judged the final round of the 25th Anniversary Prince Moot Court Competition, and CNN senior legal analyst and New Yorker staff writer Jeffrey Toobin, who was the featured speaker at the Brooklyn Law Review 75th Anniversary celebration. We also commemorated the 95th birthday of our greatest home-grown celebrity, Professor Joe Crea. With the holidays right around the corner, I want to take this opportunity to wish you and yours a peaceful and joyous season and a wonderful New Year. With all best wishes, Joan G. Wexler President and Professor of Law 2 • BLSLawNotes | Fall 2010 Law School Briefs Michael A. Gerber Appointed Interim Dean While the search for a new Dean is under- that same year. There was no casebook to existence — of Feil Hall, to the richness of way, Michael A. Gerber, who has been a teach from, so he wrote one. The casebook, our academic program, to the caliber of our BLS professor for nearly 30 years and an Business Reorganizations (LexisNexis) has faculty and students, and the top clerkships Associate Dean for 25 years, is serving as the been used in law schools throughout the that our students receive, you will find her Interim Dean. Gerber is an ideal candidate for United States, and he is at work on a new imprint everywhere.” this position. Over the past three decades, edition. Gerber is also a contributing author The late Professor Barry L. Zaretsky was he has been an integral part of almost of Collier on Bankruptcy, the leading treatise also one of Gerber’s mentors, and Gerber, every important project that the School has on bankruptcy law. in collaboration with BLS Professors Ted undertaken. Janger and Neil Cohen, are co-directors of Last August, when Gerber spoke to this the Zaretsky Fellowship and Roundtable year’s entering class, he called their atten- Program. “The Zaretsky Roundtable has tion to the career-shaping power of “plot evolved into one of the most respected and points,” which screenwriter Syd Field has well-attended Bankruptcy/ Restructuring described as “an incident or event that events of the year,” said Robert T. Schmidt hooks into a story and spins it around into ’89, a partner at Kramer Levin and incom- an entirely new direction.” Gerber then ing President of the Alumni Association. “It explained, “Law School is full of plot points. attracts judges, scholars and distinguished They come in various forms: A classroom or Bankruptcy practitioners — many of whom clinical experience. A summer position that are BLS alumni that Michael has brought brings you into contact with a wise mentor… into the fold.” someone or something introduces you to Mentoring works both ways, and Gerber a practice area that up to that point never is most passionate about the development particularly interested you and suddenly… of the students he mentors. Those students you’re hooked.” (sometimes dubbed “Gerber Babies” by Gerber says that his professional life is members of the Law School community) say studded with plot points. After graduating that he inspired them in the classroom and from New York University, he worked in pub- in some cases jumpstarted their careers. lishing before deciding to return to NYU for For Schmidt, it only took a few weeks law school. While a student, he interned for Gerber says that he has been blessed in Gerber’s Corporate Reorganization class SDNY Chief Bankruptcy Judge Roy Babbitt. with great mentors, who have supplied before he knew that he wanted to practice “I realize now that this internship was a the plot points that shaped the trajectory in the Bankruptcy area. “He has a sincere turning point for me,” he recalled. After of his career as they shaped the destiny of interest in students doing well and con- graduation, Gerber became an associate at the School. “Shortly after David Trager was tinues to guide them in the right direc- Proskauer Rose Goetz & Mendelsohn, work- named Dean, he asked me to serve as his tion when law school is behind them,” said ing on antitrust, securities and intellectual assistant dean. As anyone who has ever Schmidt. property cases. Thanks to the internship, worked as his assistant — at the Law School, Catherine McGrath ’84, concurs. “There however, the firm’s bankruptcy matters also in the U.S. Attorney’s Office, or in chambers is a concept that as a student you should came his way, and the seeds of his future as knows — he is an extraordinary teacher, pursue the best teachers, not just the an expert in the field were planted. lawyer, and problem-solver. He showed subject matters you are most interested After a few years at the firm, Gerber was me how an institution can be transformed in,” said McGrath, who is a partner in the encouraged by a colleague who had gone by a visionary leader and talented faculty Intellectual Property Litigation Group at into teaching to consider doing the same. members.” Foley and Lardner. “I followed Michael for Gerber taught Legal Research and Writing “Joan Wexler,” Gerber says, “is a hard that reason. Michael has always been a tire- to evening students at BLS for a year and — act to follow. I have worked closely with her less advocate for BLS especially in terms here is the next plot point — he was hooked. for two decades and I have continuously of placement of students — he makes a He joined the full-time faculty as a legal marveled at her energy, creativity, and her tremendous effort to stay in touch and is a writing instructor in 1981, and began teach- 24/7 dedication to the School and its stu- walking directory of where his old students ing the Business Reorganizations course dents.

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