ALBANYLAW MAGAZINE SPRING 2012

Penelope Andrews Albany Law School’s 17th President & Dean

ALSO INSIDE: • Celebrating Justice Jackson’s 100 Year Legacy Since Graduating Albany Law • Preparing Students to Practice Law in New Ways ALBANY LAW SCHOOL BOARD OF TRUSTEES 2011–2012

CHAIR Eugene M. Sneeringer Jr. ’79 INTERIM PRESIDENT AND DEAN Mary Ann Cody ’83 Albany, N.Y. Connie Mayer Albany, N.Y. Robert B. Stiles ’76 VICE CHAIR Rochester, N.Y. VICE PRESIDENT FOR Robert C. Miller ’68 Christine G. Stone ’81 INSTITUTIONAL ADVANCEMENT Clifton Park, N.Y. Colts Neck, N.J. Helen Adams-Keane SECRETARY Dale M. Thuillez ’72 Albany, N.Y. Donna E. Wardlaw ’77 EDITOR Saratoga Springs, N.Y. Johnna G. Torsone ’75 Stamford, Conn. David Singer TREASURER Hon. Randolph F. Treece ’76 Daniel P. Nolan ’78 PHOTOGRAPHY Albany, N.Y. Albany, N.Y. Denis Nally MEMBERS EX OFFICIO: James N. Benedict ’74 Stephen C. Ainlay, Ph.D. MAGAZINE DESIGN Schenectady, N.Y. New York, N.Y. 2k Design, Clifton Park, N.Y. Constance M. Boland ’86 Connie Mayer Albany, N.Y. New York, N.Y. DIRECTOR OF ALUMNI AFFAIRS William A. Brewer III ’77 EMERITI Christina Sebastian Dallas, Texas Hon. Richard J. Bartlett Keiki-Michael Cabanos ’97 Glens Falls, N.Y. [email protected] New York, N.Y. Charlotte S. Buchanan ’80 DIRECTOR OF DEVELOPMENT Barbara D. Cottrell ’84 Glenmont, N.Y. Albany, N.Y. Harry J. D’Agostino ’55 James Kellerhouse William J. Curry ’87 Colonie, N.Y. [email protected] Boston, Mass. Donald D. DeAngelis ’60 Frank L. Fernandez ’80 Albany, N.Y. Atlanta, Georgia Robert V. Gianniny ’53 Hanok George ’12 Rochester, N.Y. AlbanyLaw Magazine is Albany, N.Y. Jonathan P. Harvey ’66 published once annually. An James E. Hacker ’84 Albany, N.Y. electronic newsletter is sent Latham, N.Y. Stephen M. Kiernan ’62 monthly to alumni and friends. J.K. Hage III ’78 Voorheesville, N.Y. If you are interested in receiving Utica, N.Y. Hon. Bernard J. Malone Jr. ’72 John J. Halloran Jr. ’84 Albany, N.Y. this newsletter, please send an New York, N.Y. Matthew H. Mataraso ’58 email to [email protected] Hon. Erik E. Joh ’70 Albany, N.Y. Boynton Beach, Florida Hon. Thomas J. McAvoy ’64 E. Stewart Jones, Jr. ’66 Binghamton, N.Y. Albany Law School Troy, N.Y. William F. Pendergast ’72 Vonzell Jones ’09 Washington, D.C. 80 New Scotland Avenue Columbia, Md. Frank H. Penski ’74 Albany, N.Y. 12208-3494 James E. Kelly ’83 New York, N.Y. 518-445-3211 Germantown, N.Y. Peter M. Pryor ’54 www.albanylaw.edu Leslie D. Kelmachter ’77 Albany, N.Y. New York, N.Y. William E. Redmond ’55 Peter C. Kopff ’75 Albany, N.Y. New York, N.Y. Edgar A. Sandman ’46 Thomas J. Mullin ’76 Needham, Mass. Rochester, N.Y. Thomas M. Santoro ’72 Rory J. Radding ’75 Miami, Fla. New York, N.Y. John J. Yanas ’53 Christine L. Roberts-Ryba ’01 Albany, N.Y. Albany, N.Y. Stephen P. Younger ’82 Harry L. Robinson ’65 New York, N.Y. Cohoes, N.Y. Hon. John L. Sampson ’91 Albany, N.Y. Katherine M. Sheehan ’94 Albany, N.Y. ALBANYLAW MAGAZINE SPRING 2012

FEATURES 14 Penelope Andrews: 17th President & Dean 18 Celebrating Justice Jackson’s 100-Year Albany Law Legacy 31 Preparing Students to Practice Law

DEPARTMENTS 2 In Brief 4 Students 6 Campus Events 36 Faculty Notes 40 Commencement 42 Alumni Events 48 Development Matters 49 Class Notes 62 In Memoriam 14

31

18

1 INBRIEF

New Assistant Dean of Admissions Seeks to Stay Ahead of Curve as Applicants Nationwide Drop

he new Assistant Dean legacy and location,” Dean Prior to working in higher of Admissions Nadia Castriota said. “We have a education, Dean Castriota TCastriota expects the proven track record, we have pursued a career in criminal 230-member Class of 2015 to 9,000-plus alumni practicing justice and law enforcement as come in as strong as the current throughout the country, and an investigator for the Florida classes despite a decrease in for those interested in working Department of Law Enforce- applicants nationwide this year. in the region, there’s no other ment, and also served as a While applications were law school near the region.” Juvenile Detention Officer down in every region of the Dean Castriota most recently Supervisor for the State of country, the northeast decreased served as the Director of Florida, where she conducted by 18% from last year, as did Admissions at Case Western counseling sessions for officers Albany Law School, which Reserve School of Law in and detainees as well as assisting received 1,800 applications for Cleveland, Ohio. Before that, and advising juveniles during Assistant Dean Castriota 230 seats next year. she spent four years as the court sessions. Nova Southeastern University, “We continue to be seen as Assistant Director of Admissions She earned her B.S. at as well as a graduate certificate a solid school for applicants and Financial Aid at the Florida International University in Crisis Management and looking to practice law in New Florida International University and her M.S. in Criminal Conflict Resolution from York, particularly due to our College of Law in Miami, Fla. Justice Administration at Nova Southeastern University.

Five New Members Appointed to Board of Trustees

lbany Law School counsel to the minority leader where he was partner in the was a partner at the Albany has appointed Greg for the N.Y. State Assembly. Corporate and Financial firm of McNamee Lochner A Butler ’88, Andrea Andrea Colby is an Associate Services Department. Before from 1983 until 1997. She Colby ’80, Dan Grossman ’78, Patent Counsel at Johnson & that he practiced with the received the Kate Stoneman and Hon. Leslie Stein ’81 as Johnson, in New Brunswick, New York firm Webster & Award in 2007 and is a member Term Trustees to the Board of N.J. Prior to joining Johnson Sheffield, and clerked for the of the School’s National Trustees, and Robert Rausch ’94 & Johnson, she was a patent Hon. Howard Dawson Jr. at Alumni Association. as Alumni Trustee. attorney with Union Carbide the U.S. Tax Court. Robert Rausch joined Greg Butler is Senior Vice Corporation and an associate Hon. Leslie Stein was Maynard, O’Connor, Smith, President and General Counsel with Morgan & Finnegan, appointed to the N.Y. State & Catalinotto in 1997 and of the Northeast Utilities both in New York City. She Supreme Court—Appellate was named a partner in 2004. system (NU). Prior to coming was a member of her 30th Division, Third Judicial He is chair of the firm’s to NU, he was Vice President Reunion Committee and a Department in 2008. From appellate department. Prior to of Federal Affairs at New panelist at Accepted Applicant 2006–2008 she was the joining the firm, he served as England Electric System, and Day in 2011. Administrative Judge of the Law Clerk to Hon. Irad S. senior counsel for Niagara Dan Grossman is Assistant Rensselaer County Integrated Ingraham, N.Y. State Supreme Mohawk Power Corporation. Chief Legal & Compliance Domestic Violence Part. She Court Justice for Chenango He was also a senior attorney Officer at Bloomberg LP. was elected to the Supreme and Otsego Counties. He is with the U.S. Department From 1987 to 2011 he was Court for the Third Judicial currently Vice President of the of Justice and an associate with Willkie Farr & Gallagher, District in 2001. Judge Stein Albany Law School National Alumni Association.

2 ALBANY LAW MAGAZINE Spring 2012 Albany Law Signs Agreement with Shanghai Institute During 10-day Tour

lbany Law School classes and guest lecture. recently signed a new “The practice of law is A agreement with the increasingly global in scope, Shanghai Institute of Foreign and through this agreement, Trade (SIFT) in China to we expose our students and continue and expand coopera- faculty to a greater international tive educational programs and perspective,” said Albany Law research efforts for students School Interim President and and faculties in both countries. Dean Connie Mayer. The signing took place Future plans include longer- while 33 Albany Law students term study abroad oppor- with faculty toured China, tunities for students at both meeting with alumni and institutions, as well as Albany visiting Chinese legal institu- Law faculty teaching in tions. The group spent five Shanghai. SIFT’s Professor FCC Commissioner Visits Campus days meeting with SIFT Yin Min, who teaches interna- The Government Law Center co-hosted a campus visit with students and professors, and tional commercial law, was a the Commissioner of the Federal Communications Commission participating in seminars visiting scholar at Albany Mignon Clyburn. Above, the Commissioner responds to about U.S. and Chinese law. Law School this year, where questions in the School’s foyer, in front of the display of Alumni Under the new agreement, she guest lectured, worked in Residence photos. The New York chapter of the Federal SIFT faculty will serve as visit- with faculty, and conducted ing scholars at the law school, research with the Government Communications Bar Association co-sponsored the event. helping to teach Chinese Law Law Center.

Richard Parsons ’71 Receives Trustees Gold Medal

lbany Law School speak to students, attended chairman, Parsons served as honored Richard alumni gatherings and has president, CEO and chairman A Parsons ’71, former contributed generously to stu- of Time Warner. chairman of Citigroup, with dent scholarships and other As Gold Medal winner, the 2011 Trustees Gold Medal, law school initiatives. Earlier Parsons joins more than the highest accolade awarded this year, Parsons presented 60 alumni and friends of the by the school in recognition Stephen Younger ’82 with Law School, including of exemplary support and an Albany Law School Senator Warren Anderson ’40; dedication to the advancement Distinguished Alumni Award Hon. Lawrence Cooke ’38; of the school. at an event in New York City. E. Stewart Jones Jr. ’66; Since graduating as valedic- Parsons was presented Hon. Judith Kaye; and torian, Parsons has made it a with the award on campus as Edward Swyer. priority through his career to part of Albany Law’s Alumni stay connected to the law Reunion Weekend 2011 held Richard Parsons ’71 receives the school and his colleagues. He in September. Gold Medal from Board of Trustees has visited the campus to Prior to becoming Citigroup Chair Mary Ann Cody ’83.

Spring 2012 ALBANY LAW MAGAZINE 3 STUDENTS

Duo Wins Regionals over 23 Teams, Then Earns 5th Highest Score in Nationals

fter placing first among 23 teams at the regional “I put these results Anegotiations competi- on my cover letter tion in November, Seamus Keating ’12 and Jonathan and was quickly McCardle ’13 earned the fifth hired for a paid job highest score in the American Bar Association Negotiations at an Albany firm.” National Competition in New Orleans in February. “I put these results on my prepare them for competition. cover letter and was quickly Keating, from Connecticut, hired for a paid job at an earned his undergraduate Albany firm,” McCardle said degree from the University of in mid-February, noting that Seamus Keating ’12 (left) and Jonathan McCardle ’13 competing in Connecticut, while McCardle, the national competition the early rounds. a Capital Region native, required near perfect scores to graduated from Siena College, advance each round. “This experience was all other students,” said Keating. followed by three years work- Along the way, Keating and about practicing law—you “Albany Law School gave us ing in New York City finance McCardle outscored teams from represented the interest of strong community support.” before coming to Albany Law. William & Mary, Fordham your client, you had ethical Professors Nancy Maurer The two-day regional and Cardozo. The law students obligations, you applied legal and Jenean Taranto served as competition, hosted at Albany from University of Minnesota theory, and you had to think faculty advisors for the team. Law for the first time in 11 ultimately won the nationals, on your feet,” said McCardle. Mark Kittel ’13 coached the years, was organized by Erin where 200-plus teams were “It was a group effort team. Jessica Cherry ’12 and Mastrodonato ’12 and Abby whittled down to 24. between professors, coaches and James Gundlach ’13 also helped Brinkerhoff ’13.

After Five Rounds Team Wins Counseling Competition at St. Johns, Then Places 4th in Nationals

haula Shukla ’13 and and St. John’s placing third. Professor Elizabeth Renuart, James Curran ’13 “They consistently offered who advised the team through Cplaced fourth in thoughtful counsel, made the the competitions, said that the ABA’s National Client clients feel comfortable, and nationally 137 teams competed Counseling Competition this understood the urgency of in regional competitions, spring. issues,” said Professor Kathe leading to the finals. The journey to North Klare, who coached them Curran, captain of the Carolina for the nationals through the competitions. rugby team, is from Salem, started in New York’s St. John’s “The clients left knowing N.Y. Shukla, who plans to University School of Law, exactly where they stood. pursue public interest where they placed first over the The students seemed like work, particularly after her Chaula Shukla ’13 with 12 teams from eight schools, associates in a law firm, not Clinic experience, is from James Curran ’13 Brooklyn Law taking second law students.” Mamaroneck, N.Y.

4 ALBANY LAW MAGAZINE Spring 2012 Six Years in the Air Force, One Year at a Law Firm, Bennett Looks Forward to D.A. Work | BY NICK CROUNSE

fter 12-hour shifts at law schools. Now entering his family in the military, Duo Wins Regionals over 23 Teams, Then Earns 5th Highest Score in Nationals the airfield, Air Force his second year at Albany Law, Bennett served as a military A Staff Sergeant Joshua he has been active with the police officer, a mechanic and Bennett ’14 would relocate to Veterans’ Rights Pro Bono crew chief for 707 aircraft, the library, where he logged on Project, Phi Alpha Delta and and a maintenance operations to his computer to work towards the Rugby Club. controller, which he compared his undergraduate degree in Bennett connected with to being an air traffic control- sociology and criminal justice. Major Joel Abelove, the senior ler on the ground. During his “Many of my professors defense counsel for the New six years of military service, were attorneys, and they York Army National Guard’s Bennett was deployed to would encourage me to look Trial Defense Service, at the Ireland, Ecuador, United Arab into law school,” Bennett law school’s Veterans’ Rights Emirates, and several other recalled. “After I left the Air Pro Bono Project’s clinic this countries around the world. Force, I returned home to past spring, which provided Bennett’s experience as a Kingston, N.Y., and started free legal counsel to more than military police officer, as well knocking on the doors of 80 veterans. They discussed as his undergraduate degree Josh Bennett ’14 every law firm in town. One opportunities for Bennett to from Ashford University, helped of the firms let me stay.” remain engaged with the influence his post-graduation that I have the background for Bennett worked at The military in some capacity, aspirations: he hopes to try cases district attorney work,” he Law Offices of Moran and possibly as a National Guard for a district attorney’s office. said, noting that he selected Gottlieb, first as an intern Judge Advocate General. “I was a military police classes based on this interest, then as a paid employee, for After joining the Air Force officer and I have a degree in such as Professor Daniel 10 months while he applied to at 17, the eighth generation in criminal justice. I feel confident Moriarty’s criminal law class.

80 Veterans Get Free Legal Advice from Alumni Volunteers ore than a dozen issues that were too complex area attorneys, to solve on their own. Mincluding two from Alumni who provided their Long Island, provided free services pro bono include: legal advice on two separate • Maj. Joel Abelove ’95, Saturdays to over 80 veterans Senior Defense Counsel in areas of credit, taxes, bene- for the U.S. Army Trial fits, claims, wills and more. Defense Service Each veteran was given an hour • Kathleen Tombs ’98 with a volunteer lawyer. • Robert Randall ’74, The project, part of the Law The Randall Law Firm School’s Veterans’ Rights Pro • Julie Ann Calareso ’03, Bono Project led by Benjamin Volunteer Kathleen Tombs ’98, and Benjamin Pomerance ’12, who Burke & Casserly Pomerance ’12, has already heads the student-led Veterans pro bono program. • Louis Pierro ’83, spawned two outgrowths: a The Pierro Law Group visitor from Hofstra’s School of Albany Law’s neighbor, is Jack Clancy of the Tri- • Michael W. Macomber ’09, Law observed the Clinic to take looking to implement a weekly County Council for Vietnam Tully Rinckey PLLC the model back to his school, clinic on the hospital site, Era Veterans, said he knew • Harry Miller ’74, and the Stratton V.A. Hospital, based on the School’s model. countless veterans with claims The Herzog Law Firm

Spring 2012 ALBANY LAW MAGAZINE 5 CAMPUSEVENTS

Hunter College President Delivers Stoneman Keynote; Three Leaders Join the Ranks of Past Winners Y unter College

A founder Thomas HHunter and Kate Stoneman both led a crusade to help women, Hunter College president Jennifer J. Raab said in her keynote address at the 18th Annual Kate Stoneman Day, where she received the Miriam M. Netter ’72 Kate Stoneman Award. Hunter College opened in 1870 to provide teacher training for women, when there were only eight other women colleges in the nation. In 1898, when Stoneman graduated from Albany Law School as the first female to graduate from any New York law school, Hunter hired its first female professor the following year. Hunter’s vision toward a school for all—disregarding race, religion or politics— aligned with Stoneman’s vision, Raab noted. Raab provided a few humorous anecdotes about her Stoneman keynote speaker Raab, left, with Albany Law’s Professor friend Professor Mary Lynch, Lynch, who met each other as students on day one of torts at ONEMAN D whom she met the first day of Harvard Law School. class at Harvard Law School. The three other Stoneman District five years ago, she was the past 23 years, told the group honorees were Hon. Elizabeth told of the long line of names that she was proud and moved A. Garry ’90, Hon. Joan in front of her. “So I started to join the list of previous Kohout ’74, and Lisa my own line,” she explained. Stoneman winners, “because Codispoti ’95, posthumously. “And I was in the front of that so many of those people, who, “There has always been line,” a position which led her at certain times had touched another way to do things,” to becoming the second female my life and had an amazing TE S T Judge Garry said after receiving to win a seat from Chenango influence on me.” She pointed her award. When she initially County. out specifically Judge Beverly A pursued the New York State Judge Kohout ’74, a Monroe Tobin ’62. She recognized Supreme Court Sixth Judicial County Family Court Judge for Professor Emerita Katheryn K

6 ALBANY LAW MAGAZINE Spring 2012 Hunter College President Delivers Stoneman Keynote; Three Leaders Join the Ranks of Past Winners

“Being a woman is not a pre-existing condition…. We lost a champion,” said Lisa’s husband Shawn.

Judge Kohout ’74 Judge Garry’90 Lisa Codispoti ’95, honored posthumously

Katz ’70, who gave Kohout Senior Counsel/Senior Advisor mon decency for thousands, her first job. “It was Kathy of the National Women’s Law if not millions, of people…. who gave me the confidence Center for five years. Before Being a woman is not a to know that I can handle the Center, she worked for pre-existing condition…. family matters.” the Service Employees We lost a champion,” said her Professor Katz, recently International Union (SEIU) husband Shawn. Lisa’s husband Shawn Wilson, retired, was the inaugural Kate for 10 years. “Lisa fought for a View it here: www.albany who accepted the award on Stoneman Chair in Law and basic human right and com- law.edu/webstream her behalf. Democracy and one of the first to open a women’s prac- tice in the Capital Region. Kohout thanked several of her professors who “opened my eyes to the fact that the law could be used…to protect women and children.” Lisa Codispoti ’95 was given the award posthumously. Her husband David “Shawn” Wilson accepted the award and spoke emotionally about Lisa’s commitment to her work, her “unique perspective that most of us don’t have” due to her illness, and the injustices of the Past and present Stoneman winners pose after a roundtable discussion held with students earlier in the health care system which was day. From left: Kathryn Madigan ’78, Hon. Elizabeth Garry ’90, Hon. Mae D’Agostino, Hon. Beverly the focus of her advocacy as Tobin ’62, Hon. Rachel Kretser, Winifred Widmer ’54, Hon. Leslie Stein ‘81, and Jennifer Raab.

Spring 2012 ALBANY LAW MAGAZINE 7 LAW REVIEW

Chief Judges Say Courts’ Fiscal Challenges Jeopardizing Justice

oting that an overwhelming majority of the nation’s judicial business takes place in state court systems, CAMPUS EVENTS Nthat system is at risk in many states due to state budget cuts, said Christine M. Durham, Utah’s chief justice, while three other chief justices in the room nodded in agreement. The four state chief justices were gathered at Albany Law School as part of Albany Law Review’s Sixth Annual Chief Judge Lawrence H. Cooke Symposium titled “The State of State Courts.” Wisconsin Chief Justice Shirley S. Abrahamson and Chief justices from left: Jonathan Connecticut Chief Justice Chase T. Rogers described their Lippman, New York; Chase T. financial obstacles as the largest conflict the court system faces. Rogers, Connecticut; Christine M. New York Chief Judge Jonathan Lippman moderated the panel. Durham, Utah; and Shirley S. The event is part of the Law Review’s State Constitutional Abrahamson, Wisconsin. Commentary program, which culminates in an annual issue dedicated to state constitutional law issues. The lecture, which Inset, Nicole Nielson, executive editor for the Law Review’s State started five years ago, is an annual tradition to honor former New Constitutional Commentary, making opening remarks. York Court of Appeals Chief Judge Lawrence H. Cooke ’38.

Law Review Symposium Seeks Strategies for Strengthening Workers’ Rights

panel of professors, labor attorneys and union represen- tatives discussed current challenges facing the labor A movement, particularly with recent efforts to roll back public sector collective bargaining rights. The symposium “Protecting Workers’ Rights in a Post-Wisconsin World,” featured Melvyn Dubofsky, Distinguished Professor Emeritus of History & Sociology, Binghamton University; Terri Gerstein, Labor Bureau Chief, New York State Attorney General’s Office; Jon Hiatt, Chief of Staff and former General Counsel, AFL-CIO; Pauline Kinsella, Executive Director, New York State United Teachers; Michael Wishnie, Clinical Professor of Law and Director; Jerome N. Frank Legal Services Organization, Yale Law School. Albany Law’s professor Donna Young moderated the event. This year the Albany Law Review celebrated its 75th volume. The journal currently publishes four books every year: two on general legal issues, one devoted to New York law and one devoted to state constitutional commentary. To see more on their publications and activity, go to www.albanylaw.edu/ Jon Hiatt, Chief of Staff and former General Counsel of the albanylawreview AFL-CIO.

8 ALBANY LAW MAGAZINE Spring 2012 GOVERNMENT LAW REVIEW

General Counsel of Congressional Budget Office Opens Symposium

ark Hadley, General Counsel of the U.S. Congressional Budget Office, offered some insight Mto the backend process of analyzing federal budgets on March 29. The symposium, which addressed building better budgets at the local level included a panel with Westchester County Executive Robert Astorino, Albany Mayor Gerald Jennings, Syracuse Mayor Stephanie Miner and Rensselaer County Executive Kathleen Jimino. Jeh Johnson, General Counsel, U.S. Department of Defense DoD General Counsel Describes Repeal of “Don’t Ask, Don’t Tell” alling on moral and religious objections, numerous service members supported keeping the “Don’t Ask, CDon’t Tell” policy. Member responses also voiced strong objections to the policy, one member noting: “We have a gay guy in the unit. He’s big and mean and kills bad guys. No one cares that he is gay.” Jeh Johnson, the general counsel for the U.S. Department of Defense, read a wide range of candid responses from a policy- assessment report, which President Obama requested, during Johnson’s keynote address at the Government Law Review symposium. The study he conducted surveyed 400,000 service members yielding 150,000 responses, which Johnson called the largest non-census survey in history. Some service members wanted the act repealed to ensure recruiting all available men and women. Others likened gays and lesbians to “drug addicts and adulterers.” While the survey results leaked before the report was issued, creating headlines with “mashed-up” numbers, the process ulti- mately led to the repeal of the policy starting on Sept. 20, 2011. Johnson, the co-chair of the 2010 working group that studied the impact of repealing “Don’t Ask, Don’t Tell,” oversees all legal matters for the largest government agency in the world. To hear his address, go to www.albanylaw.edu/webstream The first panel of the conference, titled “LGBT Rights: Mark Hadley, General Counsel, U.S. Congressional Toward a More Perfect Union,” focused on the Defense of Budget Office Marriage Act (DOMA). The second panel addressed family and workplace rights, while the third panel discussed the history of the legalization of same-sex marriage.

Spring 2012 ALBANY LAW MAGAZINE 9 ALBANY LAW JOURNAL OF SCIENCE AND TECHNOLOGY

Cyberbullying: Protect Speech or Protect Children?

he Albany Law Journal of Science & Technology held a two-panel symposium that looked at the legal CAMPUS EVENTS Taspects of cyberbullying—like issues of free speech— and the direct impact that online intimidation has on students Wachtler Delivers Jones Lecture and educators. Moderated by Albany Law professor Robert Heverly ’92, he Honorable Sol Wachtler (pictured above), former Chief “Cyberbullying from Classroom to Courtroom: Judge of the State of New York, delivered this year’s Contemporary Approaches to Protecting Children in a Hugh R. Jones Memorial Lecture called “Federalism is Digital Age” participants included: T Alive and Well and Living in New York” during the fall semester, • Doug Abrams, Associate Professor of Law, University of where he examined New York state’s certification law, which Missouri enables the U.S. Supreme Court, federal courts of appeals and • Jonathan Bruno, Partner, Kaufman Borgeest & Ryan high courts of other states to send unsettled questions of New • Scott Camassar, The Law Firm of Steven M. Reck York law to the Court of Appeals for authoritative resolution. • Gregg Johnson ’92, Lemire Johnson LLC The Hon. Jonathan Lippman, Chief Judge of the State of New • Lawrence Paska, Office of Educational Design and York, introduced Judge Wachtler. The lecture series, presented Technology, N.Y. State Education Department by the Fund for Modern Courts, is named for former N.Y. State • Britton Schnurr, School Psychologist Court of Appeals Associate Judge Hugh R. Jones. • Berin Szoka, Founder, TechFreedom Wachtler, who was the Chief Judge from 1985 to 1993, is • Kimberly Wilkins, Middle School Principal, Albany currently an adjunct professor of law at the Touro Law Center, and chief executive of Comprehensive Alternative Dispute Resolution Enterprise (CADRE), an alternative dispute resolution firm based in Great Neck, N.Y.

NAACP President Speaks on Racial Profiling Same Day Zimmerman is Charged

standing-room-only other panelists discussed the laws crowd gathered to hear surrounding racial profiling. A NAACP president Professors on the panel included Benjamin Todd Jealous talk Professor Christian B. Sundquist, about racial profiling and Professor Laurie Shanks, the Trayvon Martin shooting and Professor Anthony Paul only hours before George Farley, James Campbell Zimmerman was charged Matthews Distinguished with second-degree murder. Professor of Jurisprudence. After speak- The program was presented ing for close to by Albany Law School’s Black an hour, Mr. Law Students Association, Jealous took led by second-year student questions from Stefan Short and co-sponsored the audience by Albany Law’s Diversity before Albany Affairs Office. Jealous’ cousin Law School Damon Lipscomb ’12 attended professors and Albany Law.

10 ALBANY LAW MAGAZINE Spring 2012 GOVERNMENT LAW CENTER Imprisoned Iranian Doctors Ivory Coast Judge to GLC: Describe Eight-Month Ordeal “We’re all seeking justice”

vory Coast Judge Ehounou Manlan, below, spoke about the grinding poverty in his country and of “women Iwho don’t even know they have rights,” at a fall break- fast hosted by the Government Law Center. A leader in the country’s anti-corruption movement, he also serves as president of the Properties Chamber of the Justice Court of Abidjan, as well as president of Transparency Justice. “We’re all of the same family, we’re all seeking justice,” he told the group of students and faculty during his visit.

rs. Aresh Alaei (pictured) and his brother Kamiar spoke to students and guests about their eight Dmonths in maximum security prison in Iran, where neither knew the charges or of the other’s imprisonment. Their sister Mahnaz Alaei, who spoke through a translator, described the impact on the family. At the time of their arrests, the brothers were running an HIV/AIDS treatment clinic.

Prosecuting Nazi War Criminals Today

Rising Faculty Gather to Share Research and Teaching Methods

rom Florida to New York University, more Fthan 40 non-tenured law faculty met to present and discuss in small forums their research, along with other topics such as assess- ment approaches, classroom he Cardozo Society hosted Eli Rosenbaum (above) this strategies—i.e., teaching the fall, who talked about tracking Nazi war criminals for disenchanted—and navigating some three decades. Currently the director for the legal education. Left, Albany T Department of Justice Human Rights and Special Prosecutions Law Associate Professor Section (HRSP), the section investigates and prosecutes cases Keith Hirokawa, who helped against international criminals and human rights violators for organize the event, conducts a genocide, torture, and war crimes, including recruitment or use of workshop. child soldiers. Rosenbaum talked about the suspects he’s currently investigating, along with his experience as director of the DOJ’s Office of Special Investigations.

Spring 2012 ALBANY LAW MAGAZINE 11 INTERNATIONAL LUMINARIES SHINE SPOTLIGHT ON ALBANY LAW AT CONFERENCE

International Prosecutor, Assistant Secretary General and Chief Justice Highlight Conference CAMPUS EVENTS

rofessor James Gathii International Criminal Court directed an extraordinary (ICC) in the Hague delivering Pthree-day conference on the annual Justice Jackson International Law—centered Lecture. While Fatou Bensouda on Africa—that spotlighted credited Justice Jackson for luminaries like a United building a framework for Nations Assistant Secretary- the ICC, she lamented that it General, the Kenyan Supreme took the world nearly 50 years Court chief justice, and the to put the system in place, Adama Dieng, Assistant U.N. chief prosecutor of the despite genocidal atrocities Secretary General and Registrar, International Criminal Court like Yugoslavia and Rwanda. International Criminal at The Hague. “The world was not ready,” Tribunal for Rwanda. Never before has Albany Fatou Bensouda, Chief she said. Law hosted such notable Prosecutor of the International The ICC has 122 nation- responsible,” citing the indict- international figures. The Criminal Court (ICC) at the members since it began ment of three heads of state. conference—Africa and Hague, said her position reflects operating a decade ago (the “I am on the victims side International Law: Taking Justice Robert Jackson’s vision U.S. is not a member), where and I do not apologize for that,” Stock and Moving Forward— for an international court system. it has intervened in only the she responded when asked drew media coverage from “gravest situations . . . when about which side to prosecute. Albany to Kenya. Some 90 into a temporary think-tank domestic authorities don’t,” When questioned about han- scholars and practitioners for international law. she explained, such as “gender dling the politics that swirl from across the country and The event was kicked off crimes, crimes against children, around the conflicts and her the world participated for with the formidable deputy and boy soldiers trained to kill office, she said the ICC follows three days of lectures and prosecutor—she became and rape.” She noted that the the legal statutes. “The statute discussion, turning the campus prosecutor in June—of the court “focuses on those most is my holy book,” calling the ICC a “global governance without a global government.” Professor Gathii is the associate dean for research and the Govenor George E. Pataki Professor of International Commercial Law.

« Front row from left: Adama Dieng, United Nations; Makau W. Mutua, Dean, SUNY Buffalo Law School; Justice Mutunga, Chief of Kenya’s Supreme Court; Jonathan Klaaren, Head School of Law, University of the Witwatersrand, Johannesburg, South Africa.

12 ALBANY LAW MAGAZINE Spring 2012 INTERNATIONAL LUMINARIES SHINE SPOTLIGHT ON ALBANY LAW AT CONFERENCE

Kenya’s Chief Justice, Once Exiled, Calls His Country’s New Constitution a Model for the World

Kenyan native Willy Mutunga most progressive in the world. “What the first Chief had become “an arena of legal was arrested by his government It was overwhelmingly Justice of the South African quibbling for men with long in 1980 and detained for more approved in a referendum as a Constitutional Court, Arthur purses.” Now increasingly, than two years before being result of the most consultative Chaskalson, said of their the court is being identified by accused of possessing a “seditious” and participatory processes of constitution could just as well the Justices as well as people as leaflet. After his release he was Constitution-making anywhere be said of ours: ‘the last resort of the oppressed exiled to Canada, where he in the world.” ‘We live in a society in and bewildered.’” joined with other exiled Kenyans “It is not surprising that which there are great disparities “I would hope that the to influence their country’s there is considerable internal in wealth. Millions of people Supreme Court of my country welfare. He returned in 1992 will be the Supreme Court for when Kenya returned to multi- Kenyans where the oppressed party democracy. Today Dr. and bewildered will find justice.” Mutunga is the Chief Justice of “Let me also emphasize Kenya’s Highest Court. He that Kenya does not intend to delivered a keynote lecture on be a ‘user’ of international law, April 13 to start the first full but a producer, shaper and day of Albany Law’s International developer of it as well…. We Law Conference. Below are intend, therefore, to be able to some excerpts. His entire remarks export progressive jurisprudence were submitted into the to the rest of the world.” Congressional Record by U.S. Rep. Steve Cohen (Tenn.)

“I felt honored as I read the biographies of the other participants in this conference: Willy Mutunga, Chief Justice and President, Supreme Court of Kenya they read like a ‘Who’s Who?’ of international law and Africa. … My challenge to you always are living in deplorable condi- is to continue making trans- “For too long the apex tions and in great poverty…. formative contributions in your court had become These conditions already work on Africa and interna- existed when the Constitution tional law. This will at times ‘an arena of legal was adopted and a commitment require those of you who are quibbling for men to address them, and to trans- based outside Africa to return form our society into one in Professor Gathii, who organized home and help contribute to with long purses.’” which there will be human the conference, shows Justice the growing use and practice dignity, freedom and equality, Mutunga his book, which the of international law in Africa.” and external resistance to the lies at the heart of our new Kenyan Chief Justice signed for “We are now engaged in constitution from people who constitutional order.’” Gathii in 1999, when Gathii the challenging but difficult have a vested interest in bad [Judge Mutunga quotes an was a “starry-eyed” student at task of implementation [of old habits—tribalism, nepotism Indian legal scholar below] Harvard Law. “Everyone in Kenya’s new Constitution] in and corruption. This increases ‘The Supreme Court of India the pro-democracy movement which a key role has been the responsibility of the judi- is at long last becoming…the looked up to him and we seized assigned to the judiciary…. ciary to ensure the enforcement Supreme Court for Indians. any opportunity to meet him,” The Constitution is one of the of the constitution.” For too long the apex court Gathii said.

Spring 2012 ALBANY LAW MAGAZINE 13 Penelope Andrews ALBANY LAW SCHOOL’S 17th PRESIDENT & DEAN

BY DAVID SINGER he grew up in apartheid She was chosen in part “The Albany Law School South Africa, fighting for because, as she says, “I believe in community expects a bold Sequal rights. Her writing what you are doing here, I have vision from their new president, centers on justice for women great faith in this school, and I and realistic steps to achieve “A new dean brings and people of color across the genuinely admire the faculty.” this vision,” Dean Andrews globe, and she believes that all “The combination of said. “There are the universal new excitement and a human struggles for dignity location—a powerful state challenges for all of legal edu- propensity for change, and equality are international capital—and legacy—teaching cation that must be addressed, and we all have to in character. Asked about her students every year since and then there are the on-the- passions, she cites the educa- 1851—makes Albany Law ground challenges for Albany take advantage of this tion of our future lawyers, School special,” Dean Andrews Law School—the nuts and special time for all where she sees it critical that a told the faculty during an hour- bolts—that we have to take on law school compels students to long presentation last month. together. For example, some levels of the school.” reach their highest potential. Dean Andrews is currently law schools are shrinking their Penelope—Penny—Andrews the Associate Dean for Academic class sizes, and it is likely that will be the 17th president and Affairs and Professor of Law some schools may cease to dean of Albany Law School, at the City University of New operate. The law schools that starting July 1. After spending York School of Law. While will succeed are the ones that days with the Board of Trustees, she is familiar with the issues a transform together, collabora- faculty, staff and students, the student faces in New York state, tively, as an entire community.” overwhelming consensus found she also knows that these are She likes to be upfront that she was the leader uniquely challenging and possibly about the inherent tension all suited to guide the School into transformative times for legal deans face, and her conversations its new era. Dean Andrews education. Albany Law is a are filled with revealing phrases: will be the school’s first female unique institution with its “Every dean today confronts president. own strengths and challenges. an ever-changing and chal-

14 ALBANY LAW MAGAZINE Spring 2012 lenging future: the profession initially, to look at the Albany ments; successfully recruiting Strengths Dean and other forces are telling law Law curriculum to assess a few a strong and diverse pool of Andrews Sees of schools to rethink how and why things, including how students candidates is your strongest Albany Law School we do certain things…. We are evaluated. She would also predictor for bar passage,” she • One-of-a-kind legacy, can have all the ideas in the like to analyze the differences, says. “Our job is to maintain one-of-a-kind location world, but we need the resources if any, between Albany Law rigorous courses and programs, • Small, private, independent, to make them possible…. A School exams and typical bar support our students, and agile dean needs to excite people exam questions. She hopes to identify those who are strug- • Innovative teachers with a with a vision and a plan…. look across the entire curricu- gling, so that we may provide passion to teach There is always a tension lum for gaps, or perhaps too them with the appropriate • Committed scholars between the dean and faculty much overlap in courses. In academic support.” producing solid and cutting edge scholarship and shared governance. My essence, she wants to see what As dean of academic • Ahead of the curve on job is to inspire collaboration.” can be built upon, and what affairs in her current role, she graduating students who may require improvement. is intimate with recruitment are practice-ready Confronting Bar “Individual faculty might efforts as an Admissions • Traditional and continual Passage Head On not be aware that they are Committee member, and emphasis on ethics and Dean Andrews cites the eight teaching an area of the Bar exam plans to treat it as a critical critical thinking that is well-covered in another component to the bar passage • An exciting time of change largest challenges facing law for legal education and class,” Dean Andrews explained. equation at Albany Law. schools today (see sidebar). amenable to such change And while she sees them “The goal is to find omissions meshed together, each one and strengths across the curric- Turning pushing and pulling the others, ulum regarding the Bar exam, International Local Top Challenges Dean there is one that rises to the and use what we have learned Born in apartheid South Africa, Andrews Sees for top for her—bar passage. across the various courses over amidst rampant poverty and Legal Education three years, and not in exclusive “The bar passage question violence fueled by racism and • High tuition and high classes for bar preparation.” has several components, one sexism—her parents divorced student debt which is a curriculum and She acknowledges that the when she was 10, and her • A shrinking legal job market teaching question,” she cites School has already done this mother died three years later. • Bar passage emphatically. She has been at work, but the trick, she says, She was sent to live with an • Increasing accreditation the frontlines of this battle is to do it persistently—all the aunt, separated from her two and reporting requirements for years at CUNY, a school time—and that a new Dean siblings. She attended and by the ABA brings new areas of emphasis, • A shrinking pool of academi- notable for its clinical and graduated Catholic school cally competitive students new perspectives, and new contextual learning, among before studying law at the • Financial support to increase other areas, but recently ham- energy. But she cautions that University of Natal. student scholarships and pered by a low bar passage rate. she wants the students to be She has since traveled the faculty research “I’ve struggled for a long time immersed in an exciting and globe, living, teaching and • U.S. News influence over to get people to make signifi- solid program that will prepare researching in Germany, legal education cant changes. We’ve introduced them to not just pass the bar Australia, Holland, Scotland, • Balancing “vocational” legal training with “theoretical” difficult ideas to confront exam, but become excellent Canada and South Africa. She learning of law difficult issues. Moving people attorneys or legal advocates in has advocated for the rights of to change requires a balance of their own right. Australia’s indigenous popula- carrot-and-stick.” “A new dean brings new tion, people of color in South As a member of many site- excitement and a propensity Africa, and disenfranchised inspection teams for the ABA, for change, and we all have to women in Queens, N.Y. Andrews notes that she has take advantage of this special An annual award in her visited several schools, where time for all levels of the name—The Penelope E. she examined “every nook and school,” Dean Andrews said. Andrews Human Rights cranny” of many curricula, She also sees student Award—is given by the South and has a good feel for weak recruitment as part of the bar African law school at the links and strong spots to model. passage question. “Bar passage University of KwaZulu-Natal. Dean Andrews expects, starts with admissions require- In 2005 she was a finalist for a

Spring 2012 ALBANY LAW MAGAZINE 15 vacancy on the Constitutional into domestic constitutions, for a rich, learning experience Court of South Africa, the with a focus on Africa. She inside and outside the class- highest court on the country’s stayed at CUNY for 14 years, room, Andrews says. “The law constitutional matters. when she took the position school market is shrinking, She has consulted for the of director of International and students will judge with United Nations Development Studies at Valparaiso Law their feet. We need to accom- Fund for Women, and for School. In 2010 she returned modate a range of students, the Ford Foundation in to CUNY for her current including all styles of learners, Johannesburg, where she academic dean position. and all manner of student evaluated labor law programs. “What I’ve gained in my ambition.” She earned her B.A. and international teaching has Known as a tough grader and LL.B. from the University of been the facility to appreciate a friend, she calls on students Natal, Durban, South Africa, the similarities and differences to be resilient, given the and her LL.M. from Columbia in legal jurisdictions, while uncertainties of the legal field. University School of Law. focusing on the strengths and “They need to be entrepreneur- What initially lured her to lapses of the American legal ial, they need to spot or create the United States was the system…. I have acquired a opportunities. I want students— draw of the civil rights move- deep understanding of the prospective lawyers—to be open, ment, “the way it challenged cultural context of legal flexible, never stop expanding the underpinnings of systems…. I’ve also developed their legal and intellectual American Society. I was struck a strong global network boundaries. The challenge for by the dynamic leaders the that will likely benefit Albany students today is to find their movement generated.” As a Law School.” place in the profession, and student activist in South do the ordinary things of law Africa, this fueled her desire to Student Centered extraordinarily well.” go to the United States. When Dean Andrews answers Andrews expects to focus “The Civil Right move- questions about legal education, significant efforts on creating ment excited my views on the she does not speak for long career opportunities for stu- “The law school possibilities of law,” which led before steering the conversation dents, and teach them how to market is shrinking, her to Columbia University. back to students. capitalize on those opportuni- She considered returning to “We have to do a lot more ties. “This is a very tough job and students will South Africa to help the struggle than help them pass the bar,” market. Our job is to open judge with their feet. against apartheid, but chose to she said. “We want them to doors for them, and also make avoid possible political perse- excel in their careers. We need sure they are prepared to We need to accom- cution from its government. to be very conscious of their walk through those doors.” modate a range of She moved to Australia, where investment in us. The minute Professional development for she gained citizenship, and they walk through the door students, making sure the students, including tenure at La Trobe University, they are future alumni—we Career Center has the resources all styles of learners, while supporting the indige- owe them a good experience— necessary to support students, and all manner of nous population in their our institutional culture needs ensuring that alumni consider struggle for equality and to to support, encourage and Albany Law students when student ambition.” gain land rights. “It taught me excite them. We want them hiring: these were three of to understand new perspectives to become lawyers we are several areas she listed as around race relations.” proud of and that will serve immediate concerns. New York City still tugged the profession well.” Single with no children, at her—“so many powerful Students have become Andrews has “mentored students cultural intersections with the savvy consumers, and during in ways that would not be law.” She left Australia in their short time here, the possible had she had family 1993 to teach at CUNY where school—at the classroom level commitments. My most satis- she continued her work incor- to the administration level— fying times are when students porating human rights law needs to provide opportunities return to share their experi-

16 ALBANY LAW MAGAZINE Spring 2012 Spring 2012 ALBANY LAW MAGAZINE 17 ences of success as practicing Dean Penny Andrews lawyers proud of their work.” Education Visiting Professor, Columbia Associate in Law, Legal Starting Day One Law School Summer Program, Resources Centre, Johannesburg, “Albany Law School is an Columbia University School of University of Amsterdam School South Africa (April 1989 to incredible institution. I look Law, New York, LL.M. (1984) of Law (July 2003). Course: February 1990—on leave from American Tort Law in La Trobe University). Duties forward to building upon University of Natal, Durban, Comparative Perspective. included: consultant to Advice what already works, replenish- South Africa, LL.B. (1982) Centres Project; conducting ing and invigorating the Parsons Visitor, Sydney University of Natal, Durban, training workshops for para-legal programs. I want to bring University School of Law, South Africa, B.A. (Majors: workers and trade unions, Australia (Fall 2002). Lecture national—and international— Economic History; Comparative servicing legal advice centers in Series on Human Rights and attention to many of the African Government and metropolitan Johannesburg and Transitional Justice. programs, some which already Administration) (1980) rural areas around Johannesburg; have national interest.” Stoneman Endowed Visting negotiating with government Dean Andrews acknowl- Professor in Law and Democracy, officials on behalf of community groups. edges that the legal profession Professional Albany Law School (Spring 2002). Courses: The International is changing, still allowing for a Experience Protection of Human Rights, Fellowships broad general legal knowledge Associate Dean for Academic Comparative Perspectives on and training, but at the same Affairs and Professor of Law, Race and the Law. Columbia University, Institute time demanding knowledge City University of New York of African Studies Seminar Visiting Professor, University of and training in increasingly School of Law (2010-12) Associate (1995 to 2006). Maryland School of Law Summer specialized areas. “A law school Professor of Law & Director, Program, University of Aberdeen, Columbia Law School, can’t provide everything, but International Studies, Valparaiso Scotland (Summer 2001). Legislative Drafting Research it can provide the right tools Law School (2007-2010); Course: Comparative Human Fund Chamberlain Fellowship for its students. Albany Law Courses included: International Rights Law. Visiting Professor, in Legislation (January to Human Rights Law, Gender and School has the advantage of University of Natal, Durban, December 1985). the Law, International Criminal independence and flexibility. South Africa (Summer 2000). Law and Torts Course: Public International As the legal profession and Law/Human Rights Law. Books legal education confront Visiting Professor, Touro Law School Summer Program, another wave of change, we Visiting Professor, University of From Cape Town to Kabul: University of Potsdam, Germany can move with it.” Maryland School of Law, Reconsidering Women’s Human (June 2010). Course: Baltimore (Spring 1994). She will call on the alumni Rights (Forthcoming 2012) Comparative Constitutional Law. Course: Law and the End of for guidance in areas. “They are Law And Rights: Global Chair in Law, LaTrobe Apartheid. essential to the health and Perspectives on Constitutionalism University, Melbourne, Australia prestige of the institution. They Lecturer, Department of Legal and Governance (co-edited with (2008-2010) Courses: Principles Studies, La Trobe University, remain the one link between Susan Bazilli 2008) of Public Law, Aborigines and Melbourne, Australia (1986 to the past, present and future.” the Law in Australia. 1992—tenured 1992). Courses: The Post-Apartheid Constitutions: Andrews notes that Albany Perspectives on South Africa’s Professor of Law, City University Immigration Law and Policy, Basic Laws (co-edited with Law graduates are very com- of New York School of Law Women, Discrimination and the Stephen Ellmann 2001) mitted to the law school— (1993-2007) Courses: Torts, Law, Equal Opportunity Law they are impressive as a group International Law and and Policy Gender, Race and Comparative and very loyal as a law school International Human Rights Law, Advantage: A Cross-National graduate community. “With Lawyering, Comparative Law, Assessment of Programs of them I look forward to articu- Gender and Law. Compensatory Discrimination (Editor, 1999. Converted volume lating a bold vision, and Ariel F. Sallows Professor of of Law in Context) together sustaining and raising Human Rights Law, University the reputation of the school. of Saskatchewan, Canada Once we’re all on board, I (Research Chair, January to December 2005). Course: expect them to shout about us International Human Rights Law. from the roof tops with me.”

Spring 2012 ALBANY LAW MAGAZINE 17 SUPREME COURT JUSTICE ROBERT H. JACKSON ALBANY LAW SCHOOL, CLASS OF 1912

From Lark Street to Nuremberg: celebrating jackson’s 100-year legacy since graduating albany law school

or all his historic achievements—particularly his indelible mark on legal writing—Robert H. Jackson’s only formal classroom Fexperience beyond high school was Albany Law School. At the time, a high school diploma was enough to get you into law school—a discerning standard when only 10 per cent of the population graduated high school 100 years ago. While Jackson’s law school grades were strong by most standards—93 average first semester—they did not suggest the remarkable heights he would reach in the field of law. Today, 100 years later, Albany Law School celebrates one of its most esteemed graduates with a permanent exhibit in the 1928 Building, lectures from internationally prominent experts, a student writing contest with notable cash prizes, and a variety of other activity. Jackson’s career trajectory rose quickly from a country lawyer in 1912 law school classroom in western New York to U.S. Solicitor General, U.S. Attorney General, the State Street building. U.S. Supreme Court Justice, and chief prosecutor for the United States at the Nuremberg trials. He is considered the architect for the world’s first international court structure where together England, Russia, France and the U.S. prosecuted 22 Nazis in Nuremberg, leading to hangings and life-long sentences. In its simplest form, Jackson’s life is marked by two distinct and extraordinary chapters: his writing while on the U.S. Supreme Court, and his leading role in Nuremberg as chief prosecutor for the United States.

THE LIFE OF ROBERT H. JACKSON

Feb. 13, Robert Jackson family moves to Works as an apprentice Attends Albany Law Houghwout Jackson is Frewsburg, N.Y. Graduates for Frank Mott in a School to complete 2nd born in the family from Frewsburg High two-person law office in year of two-year program. 1892 1910 1911 farmhouse in Spring School and, after a Jamestown. Meets Irene Gerhardt Creek Township, Pa. post-graduate year, while ice skating at Jamestown High School. Washington Park pond. 1909–1910 18 ALBANY LAW MAGAZINE Spring 2012 “I considered Buffalo and From Lark Street to Nuremberg: Syracuse, but I decided on celebrating jackson’s 100-year legacy since graduating albany law school the Albany Law School for two reasons: some of BY DAVID SINGER the leading lawyers had been Albany Law School men and it was the seat of government. The Court of Appeals sat there, the Appellate Division sat there, the Supreme Court, the legislature and the whole state government. I thought I would learn more that was not in the books at Albany than in any other place, and that it would be useful to me in the practice of law in my community.” —Justice Robert H. Jackson, 1954

Fulfills all academic Admitted to the New Marries Irene Alice William Eldred Jackson requirements but is York State Bar at Gerhardt, of Albany. is born. denied degree with two age 21, returns to 1912 1913 1916 1919 others—twin sisters— Frank Mott’s office. because they are under 21-years of age.

Spring 2012 ALBANY LAW MAGAZINE 19 The Pritchard sisters, who, like Jackson, were also under the age of 21 and therefore did not officially graduate with their class that year. The twin sisters attracted attention from the local Albany papers and the N.Y. Times since they were forced to return in 1914 to graduate.

Scheiberling in center.

ROBERT H. JACKSON’S FIRST SEMESTER GRADES AT ALBANY LAW SCHOOL 96 ...... Procedure 90 ...... Real Property ...... 93 Bills & Notes ... 98 Gurantee & Suretyship 88 Equity......

20 ALBANY LAW MAGAZINE Spring 2012 SO DID JUSTICE JACKSON EARN A DEGREE FROM ALBANY LAW?

hen Robert H. lawyers prepared for the bar The bar association at the the Albany papers and the N.Y. Jackson finished his exam by clerking—“reading time required only three years Times that year, not because W year of attending law”—in a lawyer’s office, a of clerkship for admission. In of Robert Jackson, but because the Law School in 1912, the structured process governed 1911, after one year as a clerk, of the controversy over school did not award a degree by the New York Court of Jackson enrolled at Albany Law denying two twin sisters— to him because he was not yet Appeals. They did not attend School for a year—completing Clara and Clarissa Pritchard— 21 years old, the minimum law school, and of those who the second year of the two year from their degree. age Albany Law required for a did, a substantial number program—and was granted a Years later, in 1941, the degree at the time. He attended attended only a year or so, to “certificate of graduation.” He year Jackson delivered Albany his 1912 Commencement supplement their clerking. then returned to Jamestown, Law’s Commencement address, and received a diploma of Typically they didn’t earn a completed his clerkship and was the school’s trustees awarded graduation, not a degree. Two degree. Albany Law School, admitted to the bar. (A similar him the degree of LL.B. And in classmates—twin sisters— founded in 1851, gave such path was taken by another 1951, the honorary degree of who were also denied degrees students a certificate of atten- Albany Law alumnus: U.S. LL.D. was conferred upon him. because of their age, returned dance, as did many schools, President William McKinley.) Jackson described his own to receive their degrees at the which counted toward the It is worth noting that situation in a private letter to 1914 Commencement. clerkship time required by the Albany Law School’s decision Cornell Law Quarterly editor Jackson’s path to legal Court of Appeals. not to offer a degree to those in 1951, 39 years later: practice and bar admission was Jackson began a clerkship under 21—consistent with the “Albany Law School, 1912, not unusual for his time. in Jamestown, N.Y., after Bar not admitting members LL.B. June 5, 1941, as of Before World War I, most graduating from high school. under 21—led to articles in Class of 1912.” —DS

1912 CLASS PRESIDENT ED SCHEIBERLING

REMAINED CLOSE TO JACKSON | BY IRIS MULHERN

s president of Robert Schneider ’17. The firm later When the names of Jackson’s 1912 class, became Rogan and Maney in Japanese-American soldiers A Edward Scheiberling 1958. The practice currently were erased from the honor remained his lifelong friend, flourishes on State Street in roll of an American Legion exchanging letters and tele- Albany, with his great-nephew post due to the racial tensions grams through the years and Kevin P. Maney ’84 and of 1945, Scheiberling firmly visiting one another when great-niece Madeleine Maney requested that they be reinstated, Jackson came to Albany. Kennedy ’81 as co-partners. saying “bigotry has no place in As president of the Alumni Scheiberling served as an American life, and the action Association, Scheiberling hosted Albany city court Justice of this one post was ill-consid- a dinner to celebrate Jackson’s and director of the Albany ered, ill-advised and contrary honorary doctorate from Chamber of Commerce before to the ideals and purposes of Albany Law in 1951. Together being elected the National the American Legion.” they spoke to reporters that Commander of American As a First Lieutenant and day, sharing memories of their Legion. He served from 1944 later Captain in the 312th law school days. to 1945, a pivotal time for the Infantry, 78th Division, After graduation, Scheiberling American Legion given the Scheiberling served with Pfc. opened a general practice, large numbers of veterans Parker Dunn, who received fighting together in France, though he was enlisted a short returning from World War II. the Medal of Honor for his and after Scheiberling com- time after to fight in World Under his guidance, the actions in the War (the Dunn pleted his service, returned to War I. In 1934 his firm Legion started a grassroots Memorial Bridge in Albany is Albany and testified in became Scheiberling and postwar jobs program for dedicated to him). Dunn gave Surrogate’s Court on Dunn’s Schneider, when he partnered World War II veterans, his oral will and testament to behalf; as a result, Dunn’s with his cousin John M. including those disabled. Scheiberling while they were wishes were carried out.

Spring 2012 ALBANY LAW MAGAZINE 21 Nuremberg In 1945 President Truman asked Justice Jackson to serve as chief prosecutor for the United States in the proposed trials of Nazi war criminals. Jackson accepted, ultimately missing a full year of Supreme Court work while serving at Nuremberg. In August 1945, Jackson and British, French and Soviet colleagues signed the London Agreement, creating the International Military Tribunal (IMT), the world’s first international criminal court. Jackson’s team located and reviewed tens of thousands of captured Nazi documents, thousands of feet of film, and thousands of photographs. Jackson and colleagues prosecuted 22 individuals on charges of conspiracy, waging aggressive war, committing war crimes and committing crimes against humanity. Justice Jackson gave his closing address at Nuremberg on July 26, 1946. He noted that the defendants received “the kind of a trial which they never gave to any man.” The IMT rendered its judgment on Sept. 30 and Oct., 1, 1946: 19 of the 22 defendants were found guilty, 12 were sentenced to hang. The Nuremberg trial created the basis for our understanding of the crimes of the Nazis, and its legal precedents are the founda- tion for modern international humanitarian law and justice.

BUSCHMAN ’49 CLERKED FOR JACKSON

hen Albany Law few weeks later in June 1949, to stay for another term, but Dean Andrew V. where he stayed a year as one Buschman, then 32 years old WClements wrote of two clerks—Jackson had 11 with a wife and two young Justice Robert Jackson to in total during his time on the sons, opted to return to New recommend Howard C. Supreme Court. York City, where he began Buschman Jr., a Law Review After his clerks gained working for the law firm editor, for a clerkship, Jackson some comfort with the work, Milbank, Tweed. invited Buschman to the Jackson would let them each Buschman, who attended Court for an interview, liked draft one opinion which he Williams College, then spent him and offered him the job. would edit and then circulate six years in the U.S. Army, and Buschman, a Brooklyn with the Court. He had went on to have a successful native, started the clerkship a Buschman write the opinion career in law. He died in 2009 in Mullane v. Central Banking at the age of 91. This photo, courtesy of the and Trust Co., which called on Robert H. Jackson Center, banks to give effective notice This information comes from was taken Sept. 21, 2003, at to account holders before John Q. Barrett’s article, Howard Buschman’s home in closing the account. “Howard C. Buschman, Jr. Hackettstown, N.J. Jackson asked Buschman (1917-2009): Jackson Law Clerk.”

Jackson starts his own Nominated by President He defends successfully for Nominated and confirmed law firm in Jamestown. Roosevelt as Assistant the Securities & Exchange as Assistant Attorney He argues seven cases General Counsel, Bureau Commission and the con- General. Heads the Tax 1934 1935 1936 before the N.Y. Court of of Internal Revenue, in stitutionality of a major New Division in the U.S. Appeals and becomes a the U.S. Department of Deal law, the Public Utility Department of Justice. protégé of Chief Judge the Treasury. Holding Company Act. 1918–1933 Benjamin N. Cardozo. 22 ALBANY LAW MAGAZINE Spring 2011 “We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our lips as well.”

— JACKSON’S OPENING STATEMENT, NOVEMBER 21, 1945

Serves as Assistant Nominated and confirmed Nominated and confirmed Delivers Albany Law’s Attorney General heading as U.S. Solicitor General. as U.S. Attorney General. Commencement address, Antitrust Division, Jackson, who already had awarded the degree of LL.B. 1937 1940 1941 Department of Justice. argued 15 times before Nominated and confirmed the Supreme Court, as an Associate Justice of argues 25 more times. the U.S. Supreme Court. 1938–1940 Spring 2012 ALBANY LAW MAGAZINE 23 Standing, from left: Tom Campbell Clark, Robert H. Jackson, Harold H. Burton, Norman Minton. Sitting, from left: Felix Frankfurter, Hugh L. Black, Fred M. Vinson, Stanley Reed, William O. Douglas

The Supreme Court that offended the religious “Steel Seizure Cases”), Jackson Jackson’s relationship Robert H. Jackson was beliefs of school children who was part of the Court majority with Albany Law were Jehovah’s Witnesses. that invalidated President appointed to the U.S. Supreme Jackson returned to Albany Truman’s seizure of steel mills Court in 1941 and served until several times throughout his NATIONAL SECURITY to prevent labor strikes from his death in 1954. Jackson is IN WARTIME career, including delivering shutting them down during generally regarded as one of the law school’s Commence- In Korematsu v. United States the Korean War. Jackson’s the great justices and perhaps ment address in 1941 as the (1944), Jackson was one of concurring opinion is today the finest writer ever to serve U.S. attorney general. three dissenters from the Court’s the touchstone of separation on the U.S. Supreme Court. “It is a matter of pride to decision that affirmed the of powers analysis in constitu- He was known during his us, who will always remain constitutionality of military tional law. time on the Supreme Court orders to exclude Japanese- in debt to the Albany Law bench for his independence, American persons, including SEGREGATION School, that its intervening his pragmatism and his years have been marked by U.S. citizens, from the west In Brown v. Board of Education distinctively eloquent opinions. steadily improving facilities coast of the U.S. during World (1954), the last major case of Jackson participated in some and advancing standards,” War II. Jackson wrote, “Here is Jackson’s judicial career, he was of the most important cases of Jackson said early in his an attempt to make an other- part of the Court’s unanimous the 20th century, including speech, ending the speech wise innocent act a crime merely decision to declare unconstitu- the following notable Supreme with this sentence, “May you because this prisoner [Fred tional racial segregation in Court decisions: never falter in the faith that Korematsu] is the son of parents public schools. Jackson, who a better world order can be as to whom he had no choice, had suffered a serious heart INDIVIDUAL CONSCIENCE established and that the and belongs to a race from attack seven weeks earlier, went In West Virginia State Board of philosophy of the law can lead which there is no way to resign.” directly from the hospital to Education v. Barnette (1943), the way to it.” the Supreme Court to make it Jackson wrote the Court’s PRESIDENTIAL POWER opinion, which invalidated the visibly unanimous on the day In Youngstown Sheet & Tube v. Brown was decided. required American flag salute Sawyer (1952) (known as the

Supreme Court Appointed by Returns to the Supreme Supreme Court announces decision in President Truman to Court after a year away announces landmark Korematsu v. United serve as U.S. Prosecutor for the Nuremberg Trials. decision in Terminiello 1949 1944 1945 1946 States. for the international v. City of Chicago. Nuremberg Trials.

24 ALBANY LAW MAGAZINE Spring 2012 DAVID JOSIAH BREWER: THE OTHER SUPREME

COURT JUSTICE FROM ALBANY LAW | BY NICK CROUNSE Law Schools that Can enrolling at Albany Law School, Albany Law that was part of a Claim Two Alumni on where he graduated in 1858. nationally recognized series the Supreme Court— By the time he was that included a lecture by and a U.S. President appointed to the Supreme President William Taft. Court by President Benjamin Justice Brewer authored the Only 12 law schools can Harrison in 1889, Justice unanimous opinion in the 1908 boast more than one gradu- Brewer had served on the case of Muller v. Oregon, in ate on the U.S. Supreme U.S. Court of Appeals for support of a law that restricted Court. Combine that with the Eighth Circuit, the U.S. working hours for women. the nine law schools who In other opinions, he argued have U.S. presidents among passionately for the rights of their alumni—as in Albany Brewer was on the marginalized Chinese and Law School’s William McKinley—and the list of court that voted on Japanese immigrants. While on the bench in Kansas, he also law schools narrows to six. ustice David Josiah Brewer, Plessy v. Ferguson, made history by writing one » Class of 1858, served on while Jackson voted of the first judicial opinions Albany Law President Jthe U.S. Supreme Court upholding the voting rights of McKinley (2 justices) from 1889 to 1910, a period on Brown v. Board of an African American citizen. University of Cincinnati » of great transition as the nation Education. Brewer was on the court Law President Taft shifted from its agrarian roots that voted on Plessy v. Ferguson, (2 justices) to an industrialized society. while Jackson voted on Brown Columbia Law » President Throughout his tenure on Circuit Court for the Eighth v. Board of Education. While T. Roosevelt and President the bench, he was a staunch Circuit, the Kansas Supreme a family emergency kept F. Roosevelt (7 justices) proponent for social legisla- Court, and several other courts. Brewer from voting on the Harvard Law » President tion, including protecting the Earlier in his career he pros- case, 60 years later Jackson left Hayes and President Obama rights of women, workers and pected for gold, worked as his hospital bed after suffering (17 justices) immigrants. the Leavenworth, Kan., city a heart attack to physically University of Virginia Born on June 20, 1837, attorney, and served as super- vote on the Brown case. Law » President Wilson in Izmir, Turkey, where his intendent of the Leavenworth Justice Brewer passed away (2 justices) parents ran a school, Brewer school system. on March 28, 1910, one year Yale Law » President Ford soon moved with his family to Brewer served on an Albany before a young Robert H. and President Clinton Connecticut. He attended Law School committee in Jackson, the next Albany Law (10 justices) Wesleyan University and Yale 1904 to raise money for a new School graduate to serve on University, then read law for school building. Brewer also the Supreme Court, would one year with his uncle before delivered a lecture on ethics at come to Albany to study law.

Sources for the Jackson Centennial section: “Albany In the Life Trajectory of Robert H. Jackson,” The Albany Law Review, 2004–2005, by John Q. Barrett, Professor of Law, St. John’s University School of Law; Robert H. Jackson, by Gail Jarrow, published by Calkins Creek, 2008; The Robert H. Jackson Center; Albany Law School records and publications. Images courtesy of the Robert H. Jackson Center and the Associated Press.

Awarded the honorary Supreme Court announc- Jackson suffers a serious Jackson suffers another degree of LL.D. from es landmark decision in heart attack, leaves the heart attack and dies on Albany Law School. Youngstown Sheet & hospital to vote in person October 9 at age 62. 1951 1952 1954 1954 Tube Company v. for the Brown v. Board of Sawyer. Education decision, his last major Court decision.

Spring 2012 ALBANY LAW MAGAZINE 25 “JACKSON IN ALBANY” EVENT LAUNCHES CENTENNIAL CELEBRATION ACTIVITIES

typical three-bedroom alumnus, U.S. Supreme Court Dean Alexander Moot Court U.S. city in 1850, it had flat in Albany was Justice David Brewer. Room launched a series of already slid to 19th by 1912 A $12 per month. Robert Jackson’s Albany days as a activities celebrating the (today it is considered 57th Jackson spent considerable student were brought to life Justice Jackson Centennial. when looking at media time ice skating in Albany’s by a panel of presenters who Historian and reporter markets). Grondahl noted Washington Park, where he first described Albany in 1912, Paul Grondahl described that while the first parachutist met his wife. And a Civil War then depicted Albany Law Albany life in 1912, citing the jumped from a plane that general—and alumnus— School in 1912, and finally political, cultural and social year, the Titanic sunk. Thomas Hubbard endowed a discussed Jackson’s life before, tenor of the already-peaked Victoria A. Graffeo ’77, legal ethics lecture series which during and after 1912. The but still-bustling Albany. Associate Judge of the Court featured another notable Feb. 2 event before a filled While the 10th most populated of Appeals, traced legal educa-

26 ALBANY LAW MAGAZINE Spring 2012 Students Win $2,000 for Justice Jackson Papers Albany Law School recognized three students as the winners of the Justice Robert H. Jackson Centennial Student Writing Competition; two of them presented their papers at Albany Law’s conference on Africa and international law. The top prize for $1,000 was won by Daniel Levin ’12 for his outstanding paper, “Has the Legacy of the Nuremberg Trials under Justice Jackson Waned in Light of the Guantanamo Bay Terrorist Proceedings?” The second prize for the $750 was won by Melanie D. Sanders ’12 for her paper, “An International Prosecutor’s Legacy.” The third prize and $250 went to Nicholas Battaglia ’12 for his paper “Grassroots and Balanced Approaches to Justice, Lessons from Robert H. Jackson’s Legacy for Guantanamo Bay, Piracy and the Affordable Health Care Act.” Above: Prof. Barrett pointed Levin and Sanders presented at the conference on Africa and out that while Jackson was International Law. The Deputy Prosecutor of the International one of the youngest students in Criminal Court, Fatou Bensouda, presented the prizes. the group, he managed to plant himself in the center of the photo. Left: Prof. John Barrett addresses a filled Dean Alexander Moot Courtroom. Panelists Paul Grondahl and Judge Victoria Graffeo listen.

Professor John Q. Barrett, St. John’s University School of Law and Elizabeth S. Lenna Fellow at the Robert H. Jackson Center, took attendees through the arc of Jackson’s life, including his boyhood farm days, his pursuit of a legal career under the appren- ticeship of his uncle—against his father’s blessing—and his days in Albany where he From left, Daniel Levin, Melanie Sanders, and Nicholas Battaglia. “JACKSON IN ALBANY” EVENT LAUNCHES CENTENNIAL CELEBRATION ACTIVITIES met his future wife whom he invited to Commencement tion from its European roots, and later married in Albany. and described the components The event was attended by adopted by the earliest U.S. Erica Rangel ’12, whose grand- MOVIE NIGHT law schools, which evolved father Jack Stewart graduated Alumni, students and faculty into the structure and curricu- with Jackson 100 years ago. watched the movie lum delivered in 1912. She Madeleine Maney Kennedy ’81 “Nuremberg” one evening mentioned that even 100-plus also attended, the great-niece after classes. The movie stars years ago law schools struggled of Edward Scheiberling to address the tension between who was president of Robert Alec Baldwin as Jackson. scholarly learning and voca- Jackson’s 1912 class, as well tional training. as a life-long friend.

Spring 2012 ALBANY LAW MAGAZINE 27 LEGAL EDUCATION IN NEW YORK IN THE PRE-WORLD WAR ERA

BY THE HON. VICTORIA A. GRAFFEO ’77

he first European Parliament began to recognize doctrinal study and skills white, male and usually of schools of law can be the value in a course of legal training, but in practice, many upper economic and social Ttraced to the 12th academic study. clerks were misused by law status. In this pre-World War century, when four legal With this historical perspec- practices and their studies period, law schools employed scholars founded the University tive in mind, we cross the ocean were woefully inadequate and experienced professionals to of Bologna in Italy. Its promi- to the American colonies. As poorly supervised. teach the law—judges and nence lead to the creation of one would expect, most of the Beginning in the early lawyers—there were no career other law schools in Europe, attorneys in the Revolutionary 1800s, colleges and universities academics as we think of but in England, legal training period acquired their legal began offering courses in legal legal scholars today. And the took a different direction. training in England so the theory and legal doctrine, and curriculum would have been There, universities such as apprenticeship model was the small proprietary law schools state-specific, with state courts Oxford and Cambridge did prevalent means of entering were started by groups of exercising controlling authority not consider the study of the the profession. As early as 1730, lawyers interested in providing over what needed to be taught. common law to be a suitable New York accepted a seven- lectures on the law to better No globalization of the profes- academic pursuit; law was year clerkship as a qualifying prepare candidates for admission sion could have been conceived generally viewed as ancillary credential for admission to the to the bar. But with the growth of a hundred years ago. to the study of philosophy or legal profession. About 30 years in popularity of university- Albany Law was one of history. As a result, institutions later, New York added another based law schools, most of the nine law schools in New York known as the Inns of Court option for eligibility, that of a proprietary schools disappeared. at that time, today there are assumed responsibility for four-year baccalaureate degree, We can be especially proud 15. The law school occupied a training members of the legal paired with a five-year clerkship that Albany Law School is the building on the corner of State profession. The Inns of and passage of an examina- oldest law school in New York and South Swan Streets, where Court—a collection of practi- tion. Later, the college educa- State, having been established the Alfred E. Smith State Office tioners—undertook to train tion requirement was reduced in 1851. In the 19th century Building now stands. This apprentices by having these to two years, but the interesting and into the early decades of gave its 135 students, primarily clerks observe court proceedings, point is that the Inn of Court the 1900s, it was not uncom- from upstate New York, an attend substantive lectures apprentice model was not wholly mon for students to have first opportunity to see the State and participate in moot court embraced in the colonies—the spent time as an apprentice in Legislature in action across the sessions. This emphasis on value of some academic study a law office before undertaking street at the State Capitol. practical skills training was was recognized early in the the formal study of law. As the second smallest law formalized in 1729 by an Act development of professional Against this backdrop, what school in the State in 1912 of Parliament addressing the credentials in America. was the state of legal education (for comparison purposes, apprenticeship training of Yet, apprenticeships in 1912 when Robert Jackson New York University had 700 solicitors. And, the tug of war remained the common route arrived in Albany? At that time, students), the school had only that continues today regarding to becoming a lawyer through there were about 125 law two full-time employees—a how much emphasis should be the end of the 18th century. schools in the United States, Dean and a Registrar. Its 13 placed on academic study versus A worthwhile clerkship that compared to the 210 ABA- faculty members were all judges skills training was evident adequately prepared an aspiring accredited institutions that or practicing attorneys. even in the mid-1700s when lawyer required two things: operate today. There are cur- Typical of the era, law schools Blackstone argued that the the self-discipline to indepen- rently approximately 155,000 employed active practitioners study of law should not occur dently study precedents and law students in the United to teach the law. For example, in Inns of Court but be con- doctrines and the good fortune States, while in 1912 the Judge Irving Vann from the ducted in universities in order to locate a suitable attorney- number would have been about New York Court of Appeals to better teach foundational mentor willing to guide and 20,000—still, not insignificant. taught Insurance Law. The legal principles. Eventually train an apprentice. As with And, of course, in the early admission standards were agreeing that the training of many things, in theory the 20th century, students in law consistent with Court of barristers needed improve- clerkship model was to provide schools represented a fairly Appeals Rules requiring college ment, in 1846, the English a balanced approach between homogenous population— graduation or a Regents’ law

28 ALBANY LAW MAGAZINE Spring 2012 Today, no one questions the importance of legal ethics training for law students but Albany Law was one of the first to accept responsibility for instilling solid ethical standards in young lawyers.

certificate, meaning that an applicant had a high school diploma and had taken certain subjects, such as English literature and Latin. At a time when only 10 per cent of the American population had completed high school, this was a relatively stiff require- ment. And a college education was even less common: In Robert Jackson’s class, only about one-third of the students had attended college. Albany Law was also less elitist than most Ivy League or larger institutions. Although there were no African- Americans in Jackson’s class (the first African-American, James Campbell Matthews, had graduated from Albany Law in 1870), three females, two stu- dents from Puerto Rico, and at least one Jewish student were classmates. By following a relatively open admissions policy subject to the require- ments imposed by the Court of Appeals, Albany Law had a more equalitarian approach to legal education than many other law schools. In 1911, the New York

Spring 2012 ALBANY LAW MAGAZINE 29 Court of Appeals had approved a hypothetical case through clerkship alternative to bar And, the tug of war a three-year curriculum all stages of civil litigation, admission in New York. This that continues today leading to a Bachelor of Laws from service of process and the was the program that Robert degree (an LL.B.), the standard preparation of pleadings to Jackson enrolled in since he regarding how much law degree. Albany Law there- trial and appeals, with moot had been apprenticing at his emphasis should be fore duly instituted a new court competition at the trial cousin’s law office in Jamestown, three-year program in 1912. phase. Furthermore, all Albany N.Y., prior to applying to placed on academic The catalog from that year Law students were required to law school. With his superior study versus skills declared “New York Law and take a legal research course intellect and work ethic, he training was evident Practice a Specialty” of the law entitled, “Books and their Uses,” successfully completed year school and the curriculum taught by Federick Colson, two of the two-year program. even in the mid-1700s reflected a detailed study of the state law librarian and a He passed the New York bar when Blackstone New York substantive and former Cornell Law School exam in 1913. By the way, the procedural law; there were no faculty member. Albany Law Court of Appeals’ Rules still argued that the study electives. The catalog further was therefore one of the allow a clerkship alternative of law should not stated that instructional first schools to offer formal for eligibility to take the bar methods did not rely entirely instruction in legal research. examination, although not occur in Inns of Court on the Socratic method, but The third initiative garnered many folks have opted for it but be conducted in instead, used a mixture of the school national attention. in recent years. casebook instruction, lectures, An alumnus of its class of 1861, I find it particularly inter- universities in order to readings and classroom discus- Thomas Hubbard was a Civil esting that Justice Jackson better teach founda- sion. Clearly, the curriculum War general, railroad magnate had much in common with tional legal principles. was designed with the New and one of the drafters of the 19th century attorneys who York bar examination in mind. original ABA Canons of Legal self-studied the law, yet he was At a time when half of New Ethics. He endowed a lecture a 20th century visionary in York law school graduates did series on Legal Ethics, a topic recognizing the importance of not pass the bar examination, that up to that point in time the rule of law in American Albany Law had the highest had received little attention in society and the role of the bar passage rate among the academic circles. The lectures judiciary in the structure of State’s law schools. Students were given by prominent American democracy. The went to Albany Law School to public figures, such as David beginning of the 20th century receive a solid grounding in Brewer, a U.S. Supreme Court marked the major transition New York practice and New Justice who had graduated in preparation for a legal York law as most of them from Albany Law, and Franklin career from the 19th century intended to establish practices Fort, the Governor of New apprenticeships to formal legal in upstate New York. Jersey. Today, no one questions education. Robert Jackson Even in 1912, the issue of the importance of legal ethics experienced both of these real-world practice skills was training for law students but methods of legal training and This article is part of a larger relevant to legal education. Albany Law was one of the he obviously benefitted from lecture given by the Hon. With its strong emphasis on first to accept responsibility for both as he went on to achieve Victoria A. Graffeo ’77, practical orientation, Albany instilling solid ethical standards a remarkable career in private Associate Judge of the New Law undertook several initia- in young lawyers. practice and government York State Court of Appeals, on tives to ensure that its graduates Along with the three-year service and they provided a Feb. 2, 2012, to celebrate the had lawyering skills. In degree program, Albany Law sound foundation for him to Centennial of Justice Jackson. conjunction with his civil also offered a two-year diploma devote his professional life Robert Emery, Acting Director, procedure course, Dean Fiero course of study, which the to the pursuit of justice Head of Reference, Schaffer Law conducted “practice court” Court of Appeals would credit in the United States and in Library, helped with research. sessions in which students took toward the four-year law office Nuremberg.

30 ALBANY LAW MAGAZINE Spring 2012 Preparing Students to Practice Law

“The things we have to learn before we do them, we learn by doing them.” –Aristotle

Theoretical. Practical. The tension between the two schools of thought is as old as education itself. Students for centuries have toggled back and forth between rote learning and doing. But it doesn’t have to be this way. Albany Law School has a storied past of preparing students in a practical, concrete manner by integrating the two camps, producing 160 years of able practitioners. Back to the early 1900s, against the national tide of scholarship emphasis, Albany Law took several initiatives to ensure lawyering skills in its graduates, which included “practice court,” pioneering courses on ethics, and required research classes like “Books and their Uses.”

Spring 2012 ALBANY LAW MAGAZINE 31 F L A G S H I P T E A C H I N G A P P R O A C H E S

The integration of In MELISSA BREGER’s Students play the role of course Children and the Law, individual Supreme Court doctrine, skills and students draft a Termination justices in conference arguing values begins in the of Parental Rights Petition, cases on the upcoming and conduct mock delinquency Court’s docket in STEPHEN first year with the disposition hearings and GOTTLIEB’s course on suppression hearings. the Court. Lawyering Program and continues in the second and third years through a In KEITH HIROKAWA’s course State and Local Environmental variety of programs. Law, students examined the plans and files of a local 60-acre develop- ment seeking approval, as well as conducted simulated third-party negotiations at a local Town Hall to go over a development proposal.

As one of several faculty who teach the required first-year Lawyering program, ROSEMARY QUEENAN’s NANCY MAURER has her students represent a party in students work with Albany a simulated legal dispute, Medical Center residents interview and represent a together on an ob-gyn related mock client, and write a legal case. The process forces both analysis in a trial court memo sides to expose each other to and in an appellate brief. the realities of their fields.

In Criminal Procedure, LENESE HERBERT assigns material a practi- tioner would likely read to become current on the legal issues of a case, In DALE MOORE’s such as reviewing legal Products Liability class, students publications or appellate collaborate to apply the law in arguments. problem-based exercises to address questions raised in real practice.

32 ALBANY LAW MAGAZINE Spring 2011 F L A G S H I P T E A C H I N G A P P R O A C H E S

Today, the pendulum of Field Placement Clinic, Concentrations legal education swings back to students choose among Offered a vocational pedagogy, and 140 opportunities. Alternative Dispute Resolution Albany Law again finds itself CELT: The Center for at the forefront of student- Excellence in Law Teaching Business Law centered learning. Through (www.albanylaw.edu/CELT), Civil and Constitutional Rights coursework, classroom explo- directed by Professor Mary Civil Litigation ration, innovative clinical Lynch, is an in-house center Criminal Law and field programs, teaching- that supports best practices Environmental Law focused scholarship, and a initiatives at the school and In ELIZABETH Estate Planning vibrant campus culture always contributes to the national RENUART’s Family and Elder Law striving to advance teaching discussion of legal education Consumer Transaction Governmental Administration and learning, Albany Law reform by hosting the Best course, students learn School continues to hone its Practices for Legal Education and Regulation by reading and inter- pedagogic approach as the Blog (http://bestpractices- Health Law preting actual financing oldest independent law school legaled.albanylawblogs.org/). Intellectual Property documents. in the country. As of this writing, the blog has International Law Some of the large school- received over 103,000 views Labor and Employment Law wide innovative programs that and more than 360 posts. Tax Law promote the integration of Grants: Albany Law School doctrine, skills, and values awards several $10,000 include: Summer Curriculum Grants, The Lawyering Program: the stipend equal to Summer The program for first-year Research Grants, to faculty students teaches the legal to create new courses or to system, ethics, and values of revise currently taught courses the profession through a year- to incorporate the kind of long simulated case where engaged learning and assess- each student represents a ment methods demanded by fictional client from the start the profession. to the end of the case. Teaching Assistants: A Clinic: The Albany Law separate budget has been set Clinic and Justice Center aside specifically for faculty to combines theory and practice use teaching assistants to support through its in-house public innovative instructional meth- EVELYN interest law firm and its field ods and provide feedback to TENENBAUM taught placement program. In a students through the semester. a course jointly with the typical academic year, approxi- Teaching Awards: A finan- Albany Medical College mately 300 students enroll in cial Excellence in Teaching and Albany College of the Clinic and Justice Center award is presented each year Pharmacy approaching and represent more than 600 to the faculty member who issues from either a clients. Students work with demonstrates an unparalleled legal, medical or phar- clients, appear in court, write dedication to the students. macy-related view. briefs, and conduct themselves The professor is recognized at as practicing attorneys. In the Commencement (see page 41).

Spring 2012 ALBANY LAW MAGAZINE 33 While the Law School strives to support innovative, Albany Law contextual teaching, individual faculty members also Joins Elite drive much of the activity, delivering lessons and Consortium creating experiences for students to develop a sense of ethics and professionalism. As the legal field continues to transform, so must the education for that field. Below are some of the activities teachers are pursuing to continually develop their students and themselves.

Workshops Teaching Interviewing through Series Address Reporters, Doctors and Therapists Teaching

Strategies Albany Law School joined an elite, invitation-only group The Center for Excellence in of 20 law schools with the Law Teaching arranged several mission to encourage innova- workshops for faculty to discuss tion in legal education and classroom strategies and share train new lawyers to the highest innovative solutions. Two standards of competence and examples this year included: professionalism. Kim Novak Morse, St. Connie Mayer, interim Louis University School of president and dean, who led Law, studied student laptop the effort, said that “the behavior in class over a semes- Consortium recognized the rich ter to correlate off-task use resource Albany Law School with final course grade and can be to other law schools LSAT scores. Patterns of use A psychotherapist, a medical doctor seeking to transform their suggested ways for teachers to and an investigative reporter shed light programs toward graduating re-direct student attention on interviewing and counseling tech- practice-ready lawyers.” back to class. niques during a two-day workshop for Formally called “Educating Andi Curcio, Georgia State law faculty on teaching law students. Tomorrow’s Lawyers: Putting School of Law, described two The fall program, coordinated by Knowledge into Practice,” studies that concluded that Clinical Professor Laurie Shanks, pictured right, featured work- the Consortium is a project formative assessment improves shops where topics ranged from rapport to grading. Above left, of The Institute for the students’ performance on Evelyn Cruz, Arizona State University, talks about teaching client Advancement of the American final exams. communication. Legal System at the University of Denver.

34 ALBANY LAW MAGAZINE Spring 2012 One-Hundred Law Professors Gather on Campus for CELT Teaching Conference

Albany Law’s Center for Excellence in Law Teaching (CELT) hosted its inaugural WRITING ON SKILLS conference that brought faculty AND VALUES from all over the country to Professor Deborah Kearns transform teaching and learning ’00 co-authored Skills & across all areas of legal education. Values: Federal Income Taxation, which connects Infusing professional values theory, doctrine, and into the curriculum, identifying practice in tax law. The skills and characteristics modern Lexis-Nexis series has also lawyers need, and properly turned to other Albany using learning plans in extern- Law School professors for ships were a few of the areas writing similar books on explored during the two-day integrating doctrinal and practical lessons in other conference. Most of the leading subject areas, such as From left: David Thomson, University of Denver Sturm College of legal educators were on hand criminal law by Professor to share strategies to meet the Law, Margaret Martin Barry, Catholic University, Columbus School Lenese Herbert. standards set by the American of Law, Professor Lynch, and Judith Wegner, University of North Bar Association, while address- Carolina School of Law

ing other critical requirements like bar preparation and develop- ing profession-ready graduates. The Center’s mission is to help legal educators provide sound and innovative instruction to meet the changing needs of law students and legal educators, as well as the clients lawyers ultimately serve. The Center, led by Professor Mary Lynch, has garnered a USING PROFESSIONAL national reputation through its ACTORS shared blog bestpracticeslegal- Nairobi Thomas ’12 plays a ed.albanylawblogs.org/, which U.S. attorney examining an has evolved into an online immigrant in a “removal Town Hall for faculty around hearing” for deportability as the country keen on improv- part of Professor Christian ing legal education, with edu- Sundquist’s Federal Jurisdiction and Practice, cation principles driven by two where he uses professional works: Roy Stuckey’s Best actors for his week-long Practices for Legal Education and simulation exercises. the Carnegie Foundation’s Educating Lawyers.

Spring 2012 ALBANY LAW MAGAZINE 35 FACULTYNOTES

Publications Professor Patrick M. Connors 1850s (Ohio University Press, Professor Alexandra R. published the following articles 2012) (co-editor Donald Harrington ’05 will publish Professor Melissa Breger will in the New York Law Journal: Kennon) and the piece “Coming “All that You Leave Behind: publish the article “The (In) “Disclosure of Electronically to Terms with Dred Scott: A The Territorial Relationship of Visibility of Gender and Stored Information from a Response to Daniel A. Farber” Heritage Defence Sites and Motherhood in Family Court Nonparty” (Jan. 23, 2012); in 39 Pepperdine Law Review Military Bases” in Defence Sites: Proceedings” in 36 New York “Disclosure of Information on 495-74 (2012). Professor Heritage and Future 2012 University Review of Law & Social Networking Websites” Finkelman also published the (forthcoming Wessex Institute Social Change (forthcoming (Sept. 20, 2011); and, for the article “The Cost of Compromise of Technology, 2012), as well Spring 2012). Court of Appeals Year in and the Covenant with Death” as the article “Institutionalizing Review Special Section, “Two in 38 Pepperdine Law Review Human Rights in Latin America: Professor Raymond H. Informative Opinions on 845-888 (2011), as well as the The Role of the Inter-American Brescia is scheduled to publish ‘Forgiveness’ Statute, Among article “Slavery, the Constitution, Court of Human Rights the following articles: “Leverage: Other Rulings” (Aug. 22, 2011). and the Origins of the Civil System” in Temple Inter- State Enforcement Actions in He has also published: Death by War” in 25 OAH Magazine of national and Comparative Law the Wake of the Robo-Sign Procedure: Lapses Could Deal History 14-18 (2011). Journal (forthcoming 2012). Scandal” in Maine Law Review; Fatal Blow to Claims, With co-author Avidan Kent, Professor James Thuo Gathii, “Crisis Management: Strategies Defenses, New York Law she will also publish “State of Associate Dean for Research for the Disposition of Federally Journal (May 21, 2012). Necessity: International Legal and Scholarship and Governor Owned and Foreclosed Homes” Obligations in Times of Professor Danshera Cords George E. Pataki Professor of in Indiana Law Review; and Crises” in Canadian Review of will publish the article “Tax International Criminal Law, is “The Iqbal Effect: The Impact American Studies, and she Court Appointments and scheduled to publish “Curtailing of New Pleadings Standards in authored the article “Natural Reappointments: Improving Ecosystem Exportation: Employment and Housing Integrity: The Relationship the Process” in 45 University Ecosystem Services as a Basis Discrimination Litigation” in Between Anti-Corruption of Richmond Law Review to Reconsider the Merits of Kentucky Law Journal. Laws and Natural Resource (forthcoming 2012). Export-Driven Agriculture in Protections in Latin America” Professor Christine Sgarlata Economies Highly Dependent Professor Paul Finkelman, for future publication in Chung, Assistant Professor of on Agricultural Exports” in President William McKinley Currents International Trade Law Law, is scheduled to publish 30 Virginia Environmental Law Distinguished Professor of Law Journal. Professor Harrington “Municipal Securities: The Journal (forthcoming 2012) and Public Policy, published published the following Crisis of State and Local (with Professor Keith Hirokawa). Government Indebtedness, In the Shadow of Freedom: The articles: “Corporate Social Systemic Costs of Low Default Politics of Slavery in the National Professor Sheldon Halpern, Responsibility, Globalization, Rats, and Opportunities for Capital (Ohio University Press, The Honorable Harold R. the Multinational Corporation Reform (Cardozo Law Review 2011) (co-editor Donald Tyler Jr. Chair in Law and and Labor: An Unlikely forthcoming). Kennon). He is scheduled to Technology, published Alliance” in Albany Law Review publish The Law of American Copyright Law: Protection of and “Delayed Devotion: The Professor Beverly Cohen pub- Slavery: Cases and Materials Original Expression, 2nd ed. Rise of Individual Complaint lished the article “KABOOM! (Carolina Academic Press, 2012) (Carolina Academic Press, 2010) Mechanisms Within Inter- The Explosion of Qui Tam and Unjust Justices: The Slavery and Fundamentals of United national Human Rights Treaties” False Claims Under the Health Jurisprudence of John Marshall, States Intellectual Property Law: in Duke Journal of Comparative Reform Law” in 116 Penn Joseph Story, and Roger B. Taney Copyright, Patent, Trademark, & International Law. State Law Review 77 (2011). (Harvard University Press, 3rd ed. (Wolters Kluwer, 2011) 2012). He recently published (co-authors Craig Allen Nard, Congress and the Crisis of the Kenneth Port).

36 ALBANY LAW MAGAZINE Spring 2012

Sunquist on Affirmative Action

Professor Christian Sundquist at the Wadsworth Auditorium in Albany’s Empire State Plaza, where he delivered his talk, Professor Lenese C. Herbert Habitat Restoration: Fish, “Affirmative Action and published the article “Challeng- Farms, and Ecosystem the Myth of a Post- ing the (Un)Constitutionality Services” in 23 Fordham Racial World.” of Governmental GPS Environmental Law Review Surveillance” in 26(2) (forthcoming 2012) (with American Bar Association Charles Gottlieb). He pub- Criminal Justice Magazine lished “Driving Local (Summer 2011); O.P.P.: How Governments to Watershed ‘Occupy’s’ Race-Based Governance” in 42 At Yale, Lytton Discusses Book Privilege May Improve Fourth Environmental Law (2011); Amendment Jurisprudence for Legal Strategies for Greening Professor Timothy D. Lytton All (2012), 35 Seattle Local Government (American spoke at Yale’s Rudd Center University Law Review 727 Bar Association, 2011) (co- Seminar Series on the topic of his upcoming book, which (2012); and The First Family editor Professor Patricia addresses how private kosher Effect: Love on Top, 55 Salkin); and “From Euclid to certification agencies have Howard Law Journal 339 the Development of Federal transformed kosher supervision (2012). Environmental Law: The in America from a tool of fraud District Court for the and corruption into a model of Professor Dorothy E. Hill Northern District of Ohio and non-governmental industry regu- authored the article “Guest the Regulation of Physical lation. Lytton is the Albert and Worker Programs Are No Fix Angela Farone Distinguished Space” in A History of the for Our Broken Immigration Professor of Law. Northern District of Ohio, edited System: Evidence from the by Professor Paul Finkelman Northern Mariana Islands” in and Roberta Alexander (Ohio 41 New Mexico Law Review University Press, 2011). 131 (2011). Professor Hirokawa published Finkelman Lectures in Japan, Returns for “Jay Prize” Professor Keith Hirokawa is “Sustainability and the Urban scheduled to publish “Curtailing Forest: An Ecosystem Services Professor Finkelman received the “Jay Prize” medal when he Ecosystem Exportation: Perspective” in 51 Natural delivered the 2012 John Jay Ecosystem Services as a Basis to Resources Journal (2011), as Lecture, titled “Jay is for Reconsider the Merits of well as “Teaching from the Justice: From Slaveholders to Export-Driven Agriculture in Dirt: Best Practices and Land Abolitionists, the Jay Family Economies Highly Dependent Use Law Pedagogy” in 2 Pace and Racial Justice,” at the on Agricultural Exports” in 30 Environmental Law Review Jay Heritage Center in Rye, Virginia Environmental Law Online Companion 68 (2011) N.Y., an event co-sponsored Journal (forthcoming 2012) and “Sustaining Ecosystem by Pace Law School. Earlier this year, Professor (with Professor James Gathii); Services through Local Finkelman, through a Japanese “Making Sense of a ‘Clear Environmental Law” in 28 science fellowship, performed a speaking tour of five Japanese Misunderstanding of the Pace Environmental Law universities, covering such topics as immigration, slavery and Planning Process’: Examining Review 760 (2011). constitutional law. the Relationship between Professor Finkelman is the President William McKinley Professor Deborah S. Kearns Zoning and Rezoning Under Distinguished Professor of Law and Public Policy. ’00 published Skills and Values: the Change or Mistake Rule” Federal Income Taxation in Urban Lawyer (forthcoming (LexisNexis, 2011). 2012); and “Sustainable

Spring 2012 ALBANY LAW MAGAZINE 37 Professor Pamela Ko pub- Professor Dale L. Moore published “The Summer Planning Law Handbook FACULTY NOTES FACULTY lished New York Lien authored the article “Please Associate” in 33 Notre Dame (Thomson-West, forthcoming Properties, 2011 ed. (Vol. 36, Watch Your Language!: Review 42 (Winter/Spring 2012). 2012), as well as the entry West’s New York Practice The Chronic Problem of “The Judiciary and Judicial Professor Elizabeth Renuart Series, 2011), as well as Mortgage Assumption of Risk” in 61(1) Reform” in The Oxford published the article “The Liens in New York, 2011 ed. Catholic University Law Review Handbook of New York State Limits of RESPA: An (Vol. 35, West’s New York 175 (2011). Government (forthcoming Empirical Analysis of the Practice Series, 2011)(with 2012) (with A. Lavine). She Professor Alicia Ouellette ’94, Effects of Mortgage Cost Professor Jenean Taranto). will publish Town and Gown: Associate Dean for Student Disclosures” in Housing Party Host Communities and Higher Professor Mary A. Lynch Affairs, will publish a column Debate (co-author Jen Douglas). Education (American Bar published the article “The titled “Organ Transplantation Professor Patricia E. Salkin ’88, Association Press, forthcoming Top Ten Myths Concerning and Disability Discrimination” Associate Dean and Raymond 2012) (co-editor Baker); the Student Learning Outcomes in the spring edition of the and Ella Smith Distinguished article “The Quiet Revolution in Legal Education” in 38 Lahey Clinic Journal of Medical Professor of Law, published and Federalism: Into the William Mitchell Law Review Ethics. She also published the the 2011 Zoning and Planning Future” in the John Marshall (Spring 2011) and the article article “Body Modification and Law Handbook (West, 2011). Law Review (forthcoming “Re-Vision Quest: A Law Adolescent Decision Making: She is scheduled to publish the 2012); and Land Use and School Guide to Designing Proceed with Caution” in the article “Engaging Deliberative Sustainable Development: Experiential Courses Involving University of Maryland School Democracy at the Grassroots: Cases and Materials, 8th ed. Real Lawyering” in 56 New of Law’s Journal of Health Care Prioritizing the Effects of the (Thomson-West, forthcoming York Law School Law Review Law & Policy. Fiscal Crisis at the Local 2012) (with J. Nolon). (2011, 2012)(co-authors Professor David Pratt Government Level” in Fordham Professor Salkin published Deborah Maranville, Susan Kay, published Selected Sections: Urban Law Journal (forthcom- “New York State Enacts Land Phyllis Goldfard, Russell Engler). Pension and Employee Benefit ing, 2012) (with C. Gottlieb), Use Statutes” in Planning Professor Timothy D. Lytton, Statutes and Regulations, 2011 as well as the article News; “Book Review: David L. Albert and Angela Farone ed. (Foundation Press, 2011). “International Comparative Callies, Regulating Paradise: Distinguished Professor of Property Rights: A Cross- Land Use Controls and Hawaii” Professor Rosemary Queenan Law, is scheduled to publish Cultural Discipline Comes of (2nd ed., 2010) in 43 The contributed “The Legal his book Can You Believe It’s Age” in The Brigham-Kanner Urban Lawyer 1107; and “The Implications of Green Policies Kosher? Trust, Reputation, and Property Rights Conference Key to Unlocking the Power of by State and Local Government Non-Governmental Regulation Journal (forthcoming 2012) Small Scale Renewable Energy: Employers” to Legal Strategies in the Age of Industrial Food in (with D. Gross) and the article Local Land Use Regulation” in for Greening Local Government, Spring 2013. Ethical Standards in the Public University of Florida Journal of forthcoming from the American Sector, 3rd ed. (American Bar Land Use and Environmental Professor Monique Bar Association and co-edited Association Press, forthcoming Law (2011)(with A. Lavine). McLaughlin published the by Professor Patricia Salkin and 2012). Professor Salkin will She also contributed the articles article “Black Strikes: The Professor Keith Hirokawa. also publish Social Media and “Honey, It’s All the Buzz: Focus of Controversy and the Professor James Redwood will the Public Sector: The Nuts and Regulating Neighborhood Bee Effect of Race Based publish “To Make or to Mar: Bolts of What Municipal Hives” to 39 Boston College Peremptory Challenges on the The Supreme Court Turns Lawyers and Officials Need to Environmental Affairs Law American Jury System” in 2 Away Another Securities Law Know (American Bar Review 55 (2012) and “Ensuring The Georgetown Journal of Law Plaintiff” in 14 University of Association Press, forthcoming the Public Trust at the and Modern Critical Race Pennsylvania Journal of Business 2012) (with J. Tappendorf) Municipal Level: Inspectors Perspectives (2011). Law (forthcoming 2012). He and the 2012 Zoning and General Enter the Mix” to 75

38 ALBANY LAW MAGAZINE Spring 2012 Faculty Share and Develop Scholarship at Weekly Workshops

Below is a sample of workshops which occurred every Wednesday for faculty over the past two semesters.

Alexandra Harrington ’05, Albany Law School, presented her Albany Law Review 95 Professor Donna E. Young research through a talk titled: “Institutionalizing Human Rights in (2011/2012) (with Z. Kansler), contributed “Introduction to Latin America: The Role of the Inter-American Court of Human as well as “Medical Marijuana Chief Justice Marsha Ternus” Rights System.” Zoned Out: Local Regulation and “The Constitutional Meets State Acceptance and Parameters of New York State’s Danshera Cords, Albany Law School, maintained that changes to Federal Quiet Acquiescence” Domestic Workers Bill of the innocent spouse rules in the Internal Revenue Service to 16 Drake Journal of Rights: Balancing the Rights of Restructuring and Reform Act of 1998 created true equitable relief Agricultural Law 295 (2011) Workers and Employers” to for innocent spouses. (with Z. Kansler). 74 Albany Law Review: State Constitutional Commentary Eric Blumenson, Suffolk Law, considered the moral claim that all Professor Laurie Shanks will (2010/2011). persons have a human right to the material necessities of life, and publish “The Mirror that governments are obligated to assure them to individuals who Exercise—A Quick and Easy have no other way to obtain them. Method to Begin Discussing Race, Gender, Ethnicity, Age Melissa Breger, Albany Law School, delivered the paper: “The (In) and Other Differences with Faculty Visibility of Gender and Motherhood in Family Court.” Your Students” in The Law Achievements Teacher (forthcoming Spring Robert Heverly (left) ’92, Albany Law School, presented “Killing 2012), and she published the To see other scholarship- the Cyborg: Internet Kill Switch article “Evaluating Children’s related activity including Authority and The Embodied Competency to Testify: speaking engagements, Internet,” which addressed the Developing a Rational Method awards, special questions raised by the Govern- to Assess a Young Child’s appointments, legislative ment implementing a “kill switch” Capacity to Offer Reliable activity, court citations, to shut down the Internet in time Testimony in Cases Alleging and more, go to of emergency. Child Sex Abuse” in 58 www.albanylaw.edu/ Cleveland State Law Review facultyachievements. Elizabeth Renuart, Albany Law 575 (2011). School, presented “Property Title Professor Christian B. Crisis in Non-Judicial Foreclosure Sundquist published the States: The Ibanez Time Bomb?” article “Signifying on Passing: She discussed the likelihood (Post) Post-racialism, (Post) that clear title to foreclosed Post-modernism and Trans- properties is jeopardized by formation” in the Columbia glitches in the handling and Journal on Race and Law and transfer of notes and mortgages. the article “The First Principles of Standing” in 1 Columbia Amy Yin, Visiting Scholar at Albany Law School from Shanghai Journal on Race and Law 119 Institute of Foreign Trade, spoke about Chinese education from (2010). college through law school. Professor Jenean Taranto Tim Lytton, Albany Law School, discussed his book that traces the published Mortgage Liens in history of kosher food certification in America from the widespread New York, 2011 ed. (Vol. 35, fraud and corruption that characterized the kosher food industry West’s New York Practice a century ago to today’s network of more than 300 private kosher Series, 2011) (with Professor certification agencies that are highly effective in protecting consumers. Pamela Ko).

Spring 2012 ALBANY LAW MAGAZINE 39 COMMENCEMENT

230 Earn Degrees at 161st Commencement BY NICK CROUNSE

Natalie Bernardi ’12 presents Robert Emery with the 2012 Friend of the Class Award. The library’s reference section will be named the “Robert A. Emery Members of the Class of 2012 Reference Area.” He retires this year.

wo-hundred and thirty to be of service to others and After degrees were con- law school. law students joined the pursuit of justice, fairness ferred, Class of 2012 President After remarks about the Tthe ranks of Albany and equality.” Natalie Bernardi announced the value of mentor relationships Law School graduates at the law “We don’t know which second largest class gift on by National Alumni Association school’s 161st Commencement of you will be managing law record: $18,500 to be applied to President Keiki-Michael Ceremony, held at the Saratoga firms, directing the affairs of scholarships for future classes. Cabanos ’97, Dean Mayer Performing Arts Center (SPAC) nonprofit organizations, acting Bernardi also presented the returned to the podium, asking on May 11. as corporate legal advisors, Friend of the Class Award to the Class of 2012 to turn The Honorable Victoria A. business leaders, serving as Robert Emery, the retiring around to thank the audience Graffeo ’77, Associate Judge, elected officials, counseling acting director and head of of family members and friends New York Court of Appeals, government agencies or reference for the Schaffer Law for their support. delivered the keynote address. teaching the next generation Library, who accepted the award “You made it,” said Judge of lawyers. The list is endless.” along with a standing ovation Graffeo shortly after stepping “Go out there and make from the law school faculty. to the podium to deliver her history,” she said. Dean Connie Mayer fol- remarks. “With the privilege Albany Law School’s 161st lowed the award presentation of practicing law, you will Commencement Ceremony by announcing that the confront many challenges and was dedicated to Supreme reference section in the library assume much responsibility…. Court Justice Robert H. would be named the “Robert Always keep in mind that Jackson, Class of 1912, to A. Emery Reference Area” in what hopefully attracted you celebrate his legacy 100 years recognition of his many years to this calling was the desire after attending the law school. of exemplary service with the

40 ALBANY LAW MAGAZINE Spring 2012 Albany Law Professors Recognized for their Teaching, Scholarship and Service

lbany Law presents Professor Nancy Ota three awards at received the Albany Law A Commencement School 2012 Award for every year to recognize Excellence in Service for her outstanding faculty for recent work as chair of the contributions in scholarship, faculty committee for this service and teaching. year’s dean search, as well Professor Pamela J. as her ongoing work as a Armstrong ’86 received the member of the law school’s Albany Law School 2012 admissions committee, where Award for Excellence in she reviews applications. Teaching for her “remark- Professor Ota has worked hard able dedication and passion to enhance diversity in the Professor Brescia over her 20-year career.” student body, and she serves Dean Mayer referred to as an advocate for underrepre- Professor Raymond H. her as a “go-to professor” sented student groups and Brescia received the Albany for first-year students, noting as an advisor for first-year Law School 2012 Award for that she brings to life the students. Beyond the law Excellence in Scholarship by teaching of legal writing, school’s campus, she took the distinguishing himself as an and that her students often Bar exam in Washington, “unusually significant, prodi- seek her counsel when pre- D.C., this year to help expand gious and successful scholar.” paring for their second year. the school’s pro bono program Deemed a “rising star” by in that city. —NC Dean Mayer, Professor Brescia, who recently returned from a year-long visiting position at Yale Law School, Above: Board published 10 articles in flag- Chair Mary Ann ship law reviews, as well as Cody ’83 numerous book chapters and articles in the popular press, Right: Professor including regular contributions Armstrong ’86, to The Huffington Post. His right, with Dean work addresses the mortgage Mayer crisis, access to the civil justice system, climate change, fire- arms and the financial crisis. Left: Judge Professor Ota Graffeo ’77 delivering the keynote address.

Spring 2012 ALBANY LAW MAGAZINE 41

ALUMNIEVENTS

Albany Law School has produced a long line of outstanding legal practitioners, scholars and jurists, as well as distinguished leaders in business and government. Numbering more than 10,000 worldwide, Albany Law alumni maintain connections through many resources and events. The powerful network of alumni comprise the backbone of the law school. To get involved with alumni activities in your area, contact Christina Sebastian, Director of Alumni Affairs, at 518-445-3361 or [email protected] or visit www.albanylaw.edu/alumni to view upcoming events.

August 5 October 18 15th Annual Day at the Races Glens Falls Alumni Reception Saratoga Race Course, Saratoga Springs, N.Y. The Queensbury Hotel, Glens Falls, N.Y.

Alumni and friends join in the winner’s circle for the Honorable Robert McMillen ’69, Jill Archambault ’13, Timothy Barlett ’13 DeForest C. Pitt ’32 Albany Law School Race with jockey Ryan Curatolo.

October 5 November 2 Syracuse Alumni Happy Hour, Bull & Bear Pub, co-sponsored Rochester Alumni Reception, Rochester City Hall Atrium by the Onondaga Bar Association, Syracuse, N.Y. with Mayor Thomas Richards, Esq., Rochester, N.Y.

Courtney Radick ’05, Timothy Fennell ’83, Stephen Helmer ’82, Brett Farrow ’04, Dean Connie Mayer, Adriana Begley ’06, Michael John Callahan ’81 Dreher, Amanda Ordyk ’06, Victoria Lagoe ’08

42 ALBANY LAW MAGAZINE Spring 2012

November 9 Albany Law Review Alumni Receptions Atlanta Alumni Reception, Freeman Mathis & Gary LLP, hosted by Neil Wilcove ’98, Atlanta, Ga. November 15, Jack’s Oyster House, Albany, N.Y.

Neil Wilcove ’98, Noelle Lagueux-Alvarez ’05, Mary Rivers, Aaron Smalls ’99 James Potter ’80, Susan Dautel ’81 November 17 Washington, D.C., Alumni Luncheon, Nixon Peabody, April 19, Freshfields Bruckhaus Deringer LLP, hosted hosted by Robert Daileader ’79, Washington, D.C. by Matthew Herman ’94, New York, N.Y.

Vonzell Jones ’09, Anna Binau ’11, William Pendergast ’72, Editor-in-Chief Patrick Woods ’12, Matthew Herman ’94, Jonathan Abrams ’12, Lisa Ugelow ’10 Interim President and Dean Connie Mayer

November 30 Philadelphia Alumni Reception, Montgomery McCracken Walker & Rhoads LLP, hosted by Ellen Brotman ’87, Philadelphia, Pa.

Trustee Constance Boland ’86, William Conway ’02

Prof. Paul Finkelman, Ellen Brotman ’87

Spring 2012 ALBANY LAW MAGAZINE 43

January 25 March 29 New York City Alumni Reception, Le Parker Meridien Science & Technology Alumni Reception, Kirkland & Ellis Penthouse, New York, N.Y. LLP, hosted by Todd Friedman ’98, New York, N.Y. ALUMNI EVENTS ALUMNI

Donna Roberts ’01, Christina Roberts-Ryba ’01, Arlene Osterhoudt ’09 John Hodge ’12, Alexa Ashworth ’12, Kevin Gildea ’94, Keiki-Michael Cabanos ’97

Gerald Jospitre ’01, Adam Herbst ’04, Kasim Razvi ’06, Aditya Professor Robert Heverly ‘92 (left), Allen Wolff ‘92 Surti ’06

April 25 Utica Alumni Reception, Hage & Hage LLC, hosted by J.K. Hage ’78, Utica, N.Y.

Hon. Elizabeth Garry ’90, Skip Laisure ’90, Lori Stern Feldman ’90, Chester Rothstein ’90

Interim President and Dean Connie Mayer, Board of Trustees Chair Mary Ann Cody ’83, Trustee J.K. Hage ’78

44 ALBANY LAW MAGAZINE Spring 2012

Alumnus in Residence Nolland ’77 In-House Counsel Alumnae Share Advocates for ADR Issues and Advice at Sidley Austin

hristopher Nolland A panel comprised of alumnae who have achieved great success as ’77, a Dallas-based in-house counsel at top corporations told a group of colleagues— Cmediator and arbitra- male and female—of their personal and professional challenges tor who serves as a neutral and triumphs, and offered advice to those starting their careers. for some 90 cases a year, told The event, hosted by Maria Melendez ’92, Partner, Sidley students this October that Austin LLP, New York City, took place in November 2011. alternative dispute resolution offers a “sense of completion” far more often than litigation. Nolland spent two days on campus this past fall as the 2011 Alumnus in Residence, where he talked about his career since graduating Albany Christopher Nolland ’77 Law 35 years ago. Nolland started as an Since 1997, Mr. Nolland appellate law clerk, and from has been an Adjunct Professor at there practiced in New York Southern Methodist University’s City and Dallas. In 1993, Dedman School of Law, teach- Nolland began his own practice ing a course in negotiation to with an emphasis on complex second- and third-year students. business and commercial The Alumni in Residence disputes, bankruptcy and program, inaugurated in 1992, debtor/creditor related matters was designed to bring Albany and with an additional focus Law School’s most distinguished Panelists, from left: Melissa H. Biren ’81, Arbitrator & Mediator; on the development of a graduates into the classroom Maria Melendez ’92 (standing), Partner, Sidley Austin; Kathleen mediation/arbitration practice. to share their expertise with Leo ’95, General Counsel, Gilt Groupe; Moderator Johnna Since that time, Nolland has students and to promote Torsone, Executive Vice President and Chief Human Resources mediated or arbitrated more the value of an Albany Law Officer, Pitney Bowes, Inc.; Lisa Whitney ’71, Vice President and than 1,500 cases. School degree. General Counsel, VF Sportswear, Inc.

ALUMNI INITIATIVE IN MENTORING (AIM) PROGRAM

Lisa Bonacci ’03, Amanda Ramnaraign ’14, Megan Rurak ’94, Hon. Victoria Graffeo ’77, Malcom Butehorn ’14, Kathleen Evers ’14 Brittany Vanscooter ’14 Kirill Muchnik ’14

The AIM program encourages alumni to help Albany Law students succeed both academically and professionally. The Office of Alumni Affairs is looking for mentors for our 2012-2013 program. Please contact Kristin Herrling, Assistant Director of Alumni Affairs, at 518-445-3220 or [email protected] to learn more.

Spring 2012 ALBANY LAW MAGAZINE 45

Reunion Weekend 2011 Draws 400-Plus ALUMNI EVENTS ALUMNI

Robert Balachandran ’91 cele- brates the alumni win after the students vs. alumni rugby match.

Alumni and friends enjoy the rugby match and alumni picnic.

More than 400 people attended the 2011 Reunion Weekend (September 23-25) at the law school, including alumni and their guests, faculty, staff and students. Many reconnected with friends to celebrate and reminisce about their time at Albany Law School.

On Friday, golfers com- pleted a round at Capital Hills at Albany, followed by a TGIF event. Saturday’s activities included the 4th annual 5K fun run/walk around the law school’s Peter Crummey ’81 and family neighborhood; alumni played students in rugby matches during the annual picnic; and alumni caught up with classmates during Saturday’s cocktail reception and dinner. The Class of 1991 earned the Class Award James Lebrou ’91, Michele Walls ’91 for the highest increase in participation to their reunion class gift. The Class of 1976 was recognized for having the largest attendance of classmates. Trophies were awarded and are currently The Class of 1961 celebrating their 50th Reunion. From left, back displayed in the law school’s row, Francis Allenza ’61, James Murphy ’61, John Washburn ’61, Alumni Lounge. Sitting, from left, Joyce Wrenn ’61, Connie Murphy

46 ALBANY LAW MAGAZINE Spring 2012

Former Professor Patricia Reyhan, Charles Youngblood ’86, Concetta Thea Hoeth ’76, Trustee Thomas Mullin ’76, Carol Smith Mullin Lomanto ’86 ’76, Kathleen Nally Peer ’76

Thomas Callaghan ’66, Fred Ackerman ’66 Jennifer Chung ’01, Tiffany Bullitt ’01, Elisha Tomko ’01

SAVE THE DATE

Reunion Weekend 2012 SEPTEMBER 21–23, 2012 For members of classes ending in 2 & 7

For those interested in helping plan the next Reunion, contact Christina Sebastian, Director of Alumni Affairs at 518-445-3361 or [email protected]. From left, Robert Conway ’76, Hon. Randolph Treece ’76, Carol Hoffman ’76, Christopher Collins ’76

Spring 2012 ALBANY LAW MAGAZINE 47

DEVELOPMENTMATTERS

DEAR FRIENDS, The most popular law school “rankings” measure classmate know that you give and why it is important to you. Like criteria often at odds with ABA priorities. For the dollar amount that speaks loudly about your support, so does example, over the last 10 years, Albany Law School the rate of participation from our alumni. has increased the LSAT and GPA of its incoming class, increased its quality and quantity of faculty CAREER SERVICES SUPPORT scholarship, advanced an innovative curriculum This year more than 1,000 employers interviewed our students on that integrates doctrinal and experiential teaching and off campus. A large majority of those interviews were conducted and learning, along with several other initiatives. or facilitated by alumni. Our alumni respect the integrity of an But our rankings in most charts moved very little Albany Law education, and trust the quality of our graduates. during this period. Our summer associates are consistently rated as top-performing. What no list measures is the richness of an Firms of all sizes—local small firms and the largest New York alumni body—the breadth of graduates who lead City firms—look to our new graduates every year. This happens firms, head corporations, drive government agencies and run because our great network of alumni make it happen. national non-profit organizations. No metric attempts to measure At the internship level we receive fantastic support from alumni the commitment of our alumni concerned with seeing their alma in local and state government, law firms, businesses and the many mater succeed. How an institution engages and fosters relationships associations who offer opportunities for internships and field with their graduates is what differentiates a law school. placements. Because of our unique location and alumni network, So how do we measure this engagement? There are four metrics every student who seeks an internship can receive one. that serve as lead indicators of alumni engagement: • annual giving ALUMNI ENGAGEMENT THROUGH THE YEAR • participation rate in annual giving In 2011, 870 alumni participated in a school-related program. • career services support Alumni Initiative in Mentoring (AIM), Bar Preparation Mentoring, • alumni engagement through the year Reunion planning committees, career panels, alumni-in-residence, guest lectures, symposia, mock interviews and even helping to ANNUAL GIVING recruit students make up the majority of our alumni activity. You often hear from us how important annual giving is to an Over 25 alumni gatherings were held around the country this year, institution. In 2010, Albany Law School raised $1,842,000 in all well attended. current restricted and unrestricted private funds. Most of these Clearly Albany Law graduates are proud of their school and gifts support the scholarships awarded to students. Regardless of look to give back in a variety of ways, ways that have evaded the where alumni direct their gifts, annual giving is a key indicator myriad of metrics that law school’s face. We have more than of an institution’s fiscal health and alumni commitment to the 3,000 engaged alumni who are making an impact every day— mission and vision of the institution. Gifts to the School’s annual your gift, your time, your access to employment or internships. fund rise every year in total dollars. In many ways this is the best While your giving may not always have statistical impact, you communication we receive from alumni—a gift, and particularly each help the institution help the next class of students. an increased amount from the year before, indicate support for the This institution depends on you. Thank you for keeping direction of the school. Albany Law School strong.

PARTICIPATION RATE IN ANNUAL GIVING Sincerely, Albany Law School is on track for 18% alumni participation this year. While this is considered a high number for law schools—the national average is typically several percentage points below this— we aim to raise the number every year. Ironically, while the total dollar amount of gifts we receive from alumni increase every year Helen Adams-Keane for the past 10 years, our participation rate has not. Clearly your Vice President gift matters to the school and the students. We ask that you let a Institutional Advancement

48 ALBANY LAW MAGAZINE Spring 2012

DEVELOPMENTMATTERS CLASSNOTES

1966 Navy veteran, he is also an Mark M. John R. Polster has been attorney at the Albany, N.Y., Rider of selected as Corporation Judge Frederic B. Rodgers law firm Hinman Straub. Ballston Counsel for the city of retired from the Gilpin Spa joined Schenectady, N.Y. Raymond J. Elliott III won a County Colo. Court bench. Towne, seat of Judicial Supreme Court Robert J. Boehlert of Latham, Ryan & 1969 Justice in the Third Judicial N.Y., was named director of Partners, District. Quality Assurance for P.C. of counsel, in the firm’s Elaine O. Catholic Charities Disabilities 1973 Saratoga Springs, N.Y., Office. Youngblood Services. practices as Peter C. Robert J. Bergin has been 1978 Of Counsel Kopff is the selected as Corporation at Ortale, 2012 Counsel for the city of Richard T. Cassidy, an Kelley, Section Rochester. attorney in Burlington, Vt., Herbert and Chair of the has been appointed to serve a Crawford in Nashville, Tenn. 1974 NYSBA two-year term as Chair of the Trial David B. Mahoney was Committee on Scope and Jonathan D. Deily of Deily Lawyers Section. appointed to town justice in Program of the Uniform Law Mooney & Glastetter, LLP, Livonia, N.Y. Daniel Commission (ULC). Albany, has been selected as a Green was 1970 , a Fellow of the Litigation recently Marjorie A. Rogers shareholder in the law firm Counsel of America. named part- Hon. Nicholas J. Greisler has of Modrall Sperling in Richard E. Rowlands and ner in the retired from Lemery Greisler Albuquerque, N.M., has been James J. LeBrou ’91 have Westport, LLC in Albany, N.Y. elected as a Fellow of the opened a new law firm Conn., law American College of Trust Hon. Frank Rowlands and LeBrou, PLLC firm of Begos Horgan & and Estate Counsel. B. Williams, located in Latham, N.Y. Brown LLP. retired Kathryn Grant Madigan, Richard E. Hurley was 1977 Supreme partner at Levene Gouldin awarded the 2011 Association Court & Thompson, LLP in of Certified Fraud Examiners Leslie D. Kelmachter has Justice, Binghamton, N.Y., has been “Educator of the Year” at the been named president of the has joined selected for the inaugural annual meeting of the ACFE. N.Y. State Trial Lawyers Towne, Ryan & Partners, edition of the Martindale- Association. P.C. of counsel, in the firm’s 1975 Hubbell Bar Register of Saratoga Springs, N.Y., office. Gregor N. Preeminent Women Lawyers. Kenneth R. Adamo has joined Macmillan 1972 Carl T. Baker has been elected has joined Kirkland & Ellis, LLP in their chairperson of the Chicago, Ill., office as partner. Hiscock was elected 5,000-member Trusts and Bartley J. Costello & Barclay’s chairman of the Destroyer Estates Law Section of the Rory J. Albany Escort Historical Museum. A N.Y. State Bar Association. Radding Office as has joined Of Counsel. He was also Wendy M. Lazerson joined Edwards appointed to the Board of the Sidley Austin LLP as a partner Wildman American Red Cross Blood in the firm’s Labor and Palmer LLP Services, New York–Penn Employment and Immigration as a partner Blood Region. practice in the Palo Alto, in the firm’s New York, N.Y., Calif., office. office.

Spring 2012 ALBANY LAW MAGAZINE 49 50

CLASS NOTES ALBANY LA Advisory Managing DirectorofWealth with theprivatebank, at somepointinher35years more than50countriesand J.P. Morgandoesbusinessin BY PAUL GRONDAHL Assets of Regardless Similar People Finds ’77 Treyz million-plus, $30 of Clients Worth Net High Advising and thattheirphilanthropic their familiesstaytogether happy andsuccessful,that things: thattheirchildrenare “They allwantthesame their wealthlevelis,”shesaid. similar thandifferentwhatever net worth.“Peoplearemore Buenos Aires,nomattertheir to DubaiHongKong she workswithfromLondon ground amongthefamilies investable assets. with atleast$30millionin Worth Individuals”—those whom are“UltraHighNet advising herclients,manyof Treyz crisscrossestheglobe client assetsworldwideand more than$600billionin wealth. J.P.Morganhandles manage andsustaintheir and theirfamiliestogrow, world’s wealthiestindividuals Her jobentailshelpingthe traveled tonearlyallofthem. ALUMNI PROFILE Treyz findscommon W MAGAZINE Debra Treyz’77

Spring 2012 has as asummerassociatefor Warren Countyandworked for aSurrogateJudgein recalled Treyz,whoclerked or thetypicallawyerroute,” “I didn’ttaketheupstateroute career pathwasnotclear-cut. forgot thatmaterial.Still,her worked becauseshenever feed” thecontent.Thetactic huge servingutensilto“spoon Mouse earsandwieldinga material wearingMickey particularly challengingtax Prof. Dubrofftacklingsome and tax,”shesaid.Sherecalled property, trustsandestates, their teachingandcourseson tual career.“Ireallyenjoyed taxation influencedhereven- Harold Dubroff’scourseson on PropertyandProfessor family,” sherecalled. “I wantedtostayclosemy of itsproximitytoGlensFalls. Albany LawSchoolbecause political science,shechose College withadegreein After graduatingfromVassar admiration andbuiltarapport. sonal details,sheearnedtheir names andmemorizingper- By rememberingherclients’ summers whileatAlbanyLaw. Falls, wheresheworkedduring First NationalBankofGlens customers asatelleratthe was greatatdevelopingloyal strength. Shediscoveredshe but sciencewasnother were bothresearchscientists, Glens Falls.Herlateparents human naturegrowingupin objectives areachieved.” Dean JohnC.Welsh’sclass Treyz beganherstudyof skills everysingledayasaway her lawdegree.“Iusemylegal assignment hasdrawnupon Russia andSouthAfrica.Each markets inGermany,Turkey, oversaw theopeningofnew in LondonandGeneva,she Middle EastandAfrica.Based Private BankforEurope, as CEOofJ.P.Morgan One), andfouryearsoverseas mergers, withChaseandBank globally (overseeingtwomajor Trusts &Estatesbusinesses firm’s WealthAdvisoryand roles, andasCEOofthe Counsel, twodecadesinsenior Boomers Baby “The including AssistantResident Asset Managementbusiness, positions inJ.P.Morgan’s Albany Law. Company, whichrecruitedat with MorganGuarantyTrust City, sheacceptedaposition marketing jobinNewYork when herhusbandlandeda Treyz justafterlawschooland moving intofinancialservices. Glens Fallslawfirmbefore transfer.” wealth record the of part is that all and Asia in wealth new of explosion an seeing we’re and U.S. the in aging are She hasheldnumerous She marriedJamesO.

that’s importanttome.” very realhumanoutcomesand thropic goals.Myworkhas business, familyandphilan- clients achievetheirfinancial, “It’s veryrewardingtohelp problem-solving,” shesaid. in Charleston,S.C. project, a1780 Colonialhome including theircurrent ties, and early19th-centuryproper They’ve restoredsixlate-18th for restoringoldhouses. County andshareapassion couple livesinWestchester and Alexandra,25.The two daughters,Elizabeth,28, and familyastheyraised who helpedherbalancework with beingasupportivespouse them asmuchpossible.” stand theirrisksandmitigate said. “Wehelpclientsunder record wealthtransfer,”she Asia andallthatispartofthe an explosionofnewwealthin in theU.S.andwe’reseeing “The BabyBoomersareaging in theUnitedStatesby2052. $41 trilliontobetransferred with estimatesofatleast wealth transferinhistory, be thelargestintergenerational negotiate whatisprojectedto upon byclientstohelpfamilies effective atproblem-solving.” plined andthorough thinking thatisverydisci- because ittaughtmeawayof preparation forbusiness “Albany Lawwastremendous and assessoptions,”shesaid. to gatherfacts,identifyissues “I likecomplexityand Treyz creditsherhusband Increasingly, Treyziscalled - - 1979 Carl D. Copps has retired 1982 James E. Hacker was elected from State service after 31 to the Board of Directors of Sheldon W. Boyce has years, the last 13 with the Michael J. the Albany County Bar celebrated 15 years of the Workers’ Compensation Murphy has Association. Law Forum on 1180 WHAM Board. He has embarked on a been elected Paul M. radio in the Rochester, new career as a Staff Attorney Chairman Predmore N.Y., area. in the CLE department of the of the has been NYS Bar Association. Board of Frederic W. elected to Directors, Burr has his Janet D. the Board ALFA International, the first novel, Callahan of Managers Global Legal Network. Murphy Mutinies, of Hancock of the has also been selected as a available Estabrook Syracuse, N.Y., firm Green member of the Claims & on Amazon LLP is & Seifter, Attorneys PLLC. Litigation Management Kindle, a 2011 He has been with the firm for Alliance (CLM). Barnes and Noble Nook and Canastota 23 years and is the principal Google Books. High School Wall of Distinc- David A. Harper was elected attorney overseeing all tax tion honoree. chairman of the Saratoga controversies at both the federal Eugene M. Sneeringer Jr. has Springs, N.Y., GOP committee. and state levels. joined the board of Chemung Ronald J. Weiss of Skadden, Financial Corp. Arps, Slate, Meagher & 1983 Richard G. Chalifoux was Flom, New York, N.Y., office appointed as Managing Holly E. Leese is a 2011 was recently appointed a Director and Senior Trust honoree for the Crain’s Detroit Andrew D. Goldsmith was member of the Surrogate’s Officer for First Republic Business, General and In- promoted to National Court Advisory Committee Bank, New York, N.Y. House Counsel Awards 2011. Criminal Discovery to the Chief Administrative Coordinator, a position in the 1985 George H. Weissman was one Judge of the Courts of Office of Deputy Attorney of 14 people that N.Y. Gov. New York. General in Washington, D.C. Andrew Cuomo and legislative Jamie A. Hastings is vice leaders named to serve as a 1981 James T. president of external and member of the Joint Commis- Snyder state affairs of the CTIA- sion of Public Ethics Board. Amelia A. Albano, the city has become The Wireless Association in attorney for Thousand Oaks, a board Washington, D.C. Larry P. Schiffer has joined Calif., has been chosen to be member of Frances E. Cafarell has been Patton Boggs LLP as a part the city attorney for Burbank, Aurora of named Clerk of the Court of its Commercial Litigation Calif. CNY, the for the New York Supreme practice in the firm’s New only non-profit that works Christopher A. Amato has Court, Appellate Division, York, N.Y., office. exclusively with people in been hired to run the down- Fourth Department. Central New York who are 1980 town Albany office of Sive deaf, blind, visually impaired Paul Paget & Riesel, a Manhattan- or hard of hearing. McCurdy Gary M. Hind was presented based law firm known for its has been with the 2011 Minerva Award environmental work. 1984 elected by the Potsdam Alumni Chair of the Association at the College’s Michael J. Danaher has been law firm annual Reunion Weekend. designated to serve as a Public Kelley Drye Integrity Officer for the State & Warren LLP in New York, of New York. N.Y.; he is also the chair of the firm’s broker-dealer practice.

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CLASS NOTES ALBANY LA of Touro Law Touro of Dean Named articles andother works. books, bookchapters,journal well asnumerousother Law andPractice,4thed.,as volume Zoning, 5thed.,andthefour- treatise, five-volume leadinglanduse New Yorkstate. of localgovernmentsacross as aconsultanttonumber General EliotSpitzer,aswell Andrew CuomoandAttorney Spitzer, AttorneyGeneral teams forGovernorEliot she hasservedontransition Justice AdvisoryCouncil,and National Environmental mental ProtectionAgency`s member oftheU.S.Environ- land.wordpress.com/). of theLand(http://lawofthe- read blogonthesubject,Law law. Shemaintainsawidely published expertonlanduse recognized andfrequently since 1990,isanationally Center andafacultymember Law’s GovernmentLaw position onAug.1,2012. She willstartinhernew Center inCentralIslip,N.Y. Jacob D.FuchsbergLaw dean oftheTouroCollege selected asthefirstfemale Patricia E.Salkin’88was ’88 Salkin Salkin istheauthorof She isalsoanappointed Salkin, directorofAlbany W MAGAZINE New YorkZoning American Lawof

Spring 2012

York StateBarAssociation. sation LawSectionoftheNew Torts, InsuranceandCompen- new chairofthe2847-member in Albany,N.Y. Development atSienaCollege of DirectorExternal been appointedtotheposition Institute, asexecutivedirector. of theAmericanPetroleum Council (NYSPC),adivision in Albany,N.Y. Tymann andBonnani,LLP the firmofThorn,Gershon, Conn. and WolfPCinSamford, a principalofthefirmCohen Metro NewYorkoffice. Compensation inHayGroup’s Practice LeaderforExecutive Principal andNortheast joined HayGroupasaSenior Gary E.Phelan Kathleen M.Ryan Christopher C.Booth Bradley W.B.Bodmer 1986 Martin J.Somelofske Jean FergusonGerbini BlueShield inRochester,N.Y. for ExcellusBlueCross named chiefexecutiveofficer hasbecome Petroleum State New York joined the Moreau Bulich Karen hasjoined has was has isthe has

Systems. Business Strategy,Inkjet Senior MarketingDirector, Department, hasbeennamed Senior Counsel,Legal Manhattan office. the Corporatepracticein Walker LLPaspartnerin Paul, Hastings,Janofsky& County publicdefender. as thenewRensselaer,N.Y., Nora Mann Charlie M.Johnson 1987 Dianne R.Phillips Jan R.McConnaughey Michael E.Michetti 1988 John C.Turi Mass. homeless womeninCambridge, non-profit dayprogramfor of OnTheRise,Inc.,a joined theBoardofDirectors Assistant AttorneyGeneral, Appeals (USCGCCA). Guard CourtofCriminal late judgeontheU.S.Coast sworn inasacriminalappel- Defenders (GLAD). Gay &LesbianAdvocates named BoardPresidentof Mass. Phillipswasalso Holland &KnightinBoston, a partneratthelawfirmof in Lawevent.Sheiscurrently Lawyers WeeklyTopWomen honored atMassachusetts , Massachusetts hasbeenchosen isbeing has joined hasjoined was , Brothers Academy. Board ofTrusteesChristian elected asChairmanofthe A PublicInterestCase. Association forExcellencein the ClinicalLegalEducation has receivedanawardfrom largest lobbyinggroups. in Albany,oneofthestate’s CEO ofTheBusinessCouncil named thenewPresidentand from TheLegalProject. Project ChampionAward’ recipient ofthe2011‘Legal Chris M.Scaringe Hon. JamesA.Carlucci Professor BridgitM.Burke 1989 Heather C.Briccetti Paul B.Harding Frank C.Sarratori 1990 Unity Houseboard inAlbany. first vicepresidentforthe Board ofDirectors. also servesasamemberofthe Association (WCBA)wherehe the WestchesterCountyBar as the2011-2012Secretaryof Award. Dorfwasalsoinducted 2012 EqualAccesstoJustice Valley (LSHV)toreceivethe Legal ServicesoftheHudson LLP, hasbeenselectedbythe N.Y., TownJustice. sworn-in asnewKinderhook, wasthe was recently wasrecently Dorf Jon A. Law Firm, The Dorf partner of managing founder and waselected was , was

ALUMNI PROFILE

Excellus CEO-Elect Credits Albany Law for Meeting his Wife, Launching Career, Making Lifelong Friends

Christopher Booth ’86, think I’ll still be learning CEO-elect of Excellus whenever I decide to retire.” BlueCross BlueShield, Booth is no longer practic- believes Albany Law School ing law at Excellus, but draws offered him at least three each day upon his foundation lasting benefits. He met his of legal expertise. “The skills wife there. He landed an of a lawyer are important for a internship that led directly CEO, particularly the ability to a position in the Albany to work analytically and being law firm Hinman Straub. able to communicate well, And he made lifelong verbally and in writing,” he Susan Bartkowski was high- friends among buddies said. “What’s helped me most lighted in the January 2012 who played together on an in my career is the discipline edition of the ABA Journal in intramural basketball team. I learned in law school. That the ‘Lawyers Giving Back’ Booth met Gail analytical nature and being section for her efforts with Ingenito ’87 in her first expected to write clearly and Kenyan school children. She year (his second year) at It was a great opportunity and effectively were ingrained in started a pen pal program with Albany Law when they I accepted the offer.” me at Albany Law.” U.S. students in the Saratoga both lived on the second He’s been steadily promoted A legal career was not on Springs, N.Y., and Scotia/ floor of the law school’s in executive positions during his radar when he graduated Glenville school systems. dormitory. Both remained eight years at Excellus and on from Holy Cross with a David R. all three years in the dorm, Jan. 1, 2013, Booth, currently bachelor’s degree in English. Ross has where a romance blossomed. President, will take over as “I wasn’t sure what my life been named “I’m grateful to the dorm CEO of Excellus and its path would be at that point,” share- because it’s the reason that parent corporation, The he recalled. “I got great advice holder at I met my wonderful wife,” Lifetime Healthcare Companies, when a college advisor said O’Connell he said. The couple lives a $6.2 billion not-for-profit I should go to law school & Arono- in the Rochester suburb holding company with more because you can do a lot of witz in Albany. He practices of Pittsford with three than 6,500 employees across different things with a law in the firm’s Health Law and daughters, aged 16, 18 and upstate. It’s been a natural degree.” Healthcare Fraud and Abuse 21. Relocating to Pittsford progression since his law Booth’s education went practice areas. in 2004 was a difficult school days. well beyond the classroom at family decision after Booth Following an Albany Law Albany Law. In fact, some of 1991 received an unexpected internship at Hinman Straub, the most important lessons offer in 2004 to join the Booth joined the Albany firm came on the basketball court. Denise V. Gonick was elected 1.8-million member full-time after graduation. He played intramural basket- to the Board of Trustees of Rochester-based health care During 17 years with the firm ball, where he was the team’s Union Graduate College in plan as its chief counsel. he rose to partner and manag- point guard. “We forged life- Schenectady, N.Y. “I was very happy at ing director of its Health Law long friendships on the court,” James J. LeBrou and Richard Hinman Straub, we loved area and oversaw a staff of he said, noting that he was E. Rowlands ’74 opened a living in the Capital Region 10 attorneys. “I found that going to have lunch with a new law firm, Rowlands and and I wasn’t seeking work very challenging because teammate in a few days. LeBrou, PLLC in Latham, N.Y. another job,” Booth said. there’s always so much going “To be honest, we were a “I got recruited because of on with health care and health bunch of hacks, but we loved my previous work with insurance, which is continu- playing together,” he said. “It Excellus at Hinman Straub. ously changing,” he said. “I was just a lot of fun.” —PG

Spring 2012 ALBANY LAW MAGAZINE 53 54

CLASS NOTES ALBANY LA ple, theyplaced costsavings Textron andothers. Morgan Stanley,Macy’s, involving BritishPetroleum, plans inERISAlitigation defined contributionretirement she representsparticipantsof on hercurrentcaseload,where may growsubstantiallybased types ofcompanies.” irresponsible practiceinall do so.It’sanunfortunateand 401k whenit’simprudentto too muchofitsownstockina are againstcompanieswhoput areas. “Manyinvestorclaims and ERISAlitigationpractice LLP, specificallythesecurities New YorkofficeofMilberg said Feldman,apartnerinthe assets transcendallindustries,” management ofretirement providers tomajorbanks. nies totelecommunication employees ofcementcompa- plaintiffs, whichrangefrom million forherclass-action recovered morethan$150 Lori (Stern)Feldman’90 Plaintiffs the for ’90 Feldman Drives Imprudence Corporate ALUMNI PROFILE “In theBPcase,forexam- Her recoveredinvestments “Fraudandimprudent W MAGAZINE

Spring 2012 has a jobwithMicrosoft in and cuttingedge.” fascinating; complex,dynamic fraud. “Mypracticehasbeen Milberg toworkonsecurities school, thenmovedlaterallyto Seward &Kisselafterlaw She continuedfulltimeat on commerciallitigationcases. associate forSeward&Kissel Feldman workedasasummer husband proposedtoher. J.D. withhighhonors,her On thesamedayshegraduated enrolled atAlbanyLawSchool. her focustoalegalcareerand medical school.Sheshifted and apotentialplantoattend inal justice,aminorinbiology in 1987,withamajorcrim- magna cumlaudefromUAlbany Bradley Feldman.Shegraduated she metherfuturehusband, University atAlbany,where same forthenextperson.” school, andnowIcandothe experience whenIwasin possible formetohaveagreat program. Someonemadeit an importantAlbanyLaw the giftwassimplysupporting giving tothelawschool. to usethesamemodelfor but alsotoinspireotherfirms still informsherworktoday, she learnedatAlbanyLawthat partly forthecruciallessons Law Clinic&JusticeCenter, a portionofsettlementtothe for retirementplans.” investments werefartoorisky investing,” shesaid.“Their ahead ofsafetyandprudent When herhusbandtook During herlawschooldays, Feldman attendedthe “Adrivingforcebehind Recently Feldmanredirected model for giving to the law school. law the to giving for model same the use to firms other inspire to also but today, work her informs still that Law Albany at learned she lessons crucial the for partly Center, Justice & Clinic Law the toward settlement recent firm’s the of portion a directed Feldman bi-coastal victories ledtotwo 401(k) plan.Thisandother GE’s multi-billiondollar many structuralchangesto than $100million,including led toaresolutionworthmore federal courtinAlbanythat Electric, whichshelitigatedin ERISA caseinvolvingGeneral settled for$41.5million. officers. Thatmatterrecently Mutual anditsformertop tion againstWashington such assecuritiesfraudlitiga- pending inWashingtonState, Feldman stillworksoncases ERISA litigationpractice.Ms. She nowheadsthefirm’s and litigationresponsibilities. expanded hermanagement the NewYorkofficeand said. In2005shereturnedto area’s toppractitioners,”she Seattle enabledmetomeetthe smaller federalpracticebarin she ledforfiveyears.“The Seattle officeforMilberg,which my belt,”shenoted. Milberg inNewYorkunder with sixyearsoffirmworkat take theWashingtonbar,even was noreciprocity,soIhadto based firm.“Atthetimethere to theSeattleofficeofaD.C.- Washington State,shemoved She speaks proudly about an She speaksproudlyaboutan Thereafter, sheopeneda and theirteenage son.—PG Brooklyn, withherhusband Brooklyn, livesinParkSlope, intellectual propertyattorney. Garry andChesterRothstein,an including JusticeElizabeth friends fromtheClassof’90, connected withadditional Albany Laweventwhereshe Recently, sheattendeda2012 him andsomanyothers.” Laisure ’90.Itwasgreattosee editor atthetime,Skip with myfriend,whowas executive editor.“Iconnected Law Review,whereshewasan the firstreunionforAlbany for statutorycode.” gained alifelongappreciation With ProfessorDeutschI of knowledge,wasinspiring. clarity, herapproach,body patterns. ProfessorYoungblood’s patience toproperlyanalyzefact taught methedisciplineand today,” Feldmansaid.“They with a workethicthatIlive fessors inspiredmeandinstilled New YorkMetroarea. Lawyer designationforthe tioners inSeattleandaSuper Washington Law”bypracti- Feldman: “RisingStarof recent peerrecognitionsfor Feldman, whogrewupin In 2010Feldmanattended “So manyAlbanyLawpro- 1992 Paul D. Kristen H. Ilissa Churgin Hook founded McCormick Martin has Hook & Fatovich LLC in Kyran D. has been been named Wayne, N.J. Nigro has admitted to Corporate joined partnership Secretary 1997 D’Agostino, at the firm to the Utica Krackeler, Goldberg Mutual L. Micha

Maguire & Segalla LLP in Buffalo, N.Y. and the Graphics Arts Mutual Ordway has been Cardona, Insurance Company Boards 1994 appointed P.C. as Of Counsel in Albany. of Directors. to the W. Michael Reickert has Patricia A. DeAngelis will 1995 Town of joined the board of directors be leading SUNY Delhi’s Lysander at Albany Medical Center. Criminal Justice Studies Kenneth A. Rosenberg, Zoning Board of Appeals and baccalaureate degree program partner, Fox Rothschild LLP Lisa L. Weinberg is being will act as Chairman of the honored at Massachusetts at Schenectady County in Roseland, N.J., was installed Board. Ordway has also been Lawyers Weekly Top Women Community College. as Treasurer of the Essex appointed to the Onondaga County Bar Association. County Bar Association in Law Event. She is currently Michelle L. Haskin has Judiciary Committee. a Political Asylum Lawyer received the Hon. Judith S. Maryann K. McCarty was with the Community Legal Kaye Distinguished Attorney hired by API as Associate Ross M. Piscitelli, has joined Services and Counseling Center Member award from the Director, N.Y. State Petroleum DeCrescente Distributing Co. in the Greater Boston Area. Capital District Women’s Bar Council. as general counsel. Association. 1993 Michael F. Holly E. Steuerwald has been Victor V. Hoffman, practicing veterinary medicine Jolene M. Vetters has founding since 2009. She has returned Casatelli been named partner of to the Capital District and is has been vice presi- the patent a small-animal veterinarian in promoted dent and and intel- Hudson, N.Y. to Director general lectual of Field manager of property law firm of Hoffman 1998 Claims WJAR-TV in Cranston, R.I. Warnick LLC, recently opened , has joined Operations and Workers satellite offices in Rochester, Martin A. Bruehs David S. SNR Denton in Washington, Compensation Claims N.Y., and Boston, Mass. Rothenberg Director at the Utica National D.C., and will serve as chair- was named Insurance Group. 1996 man of the chemical patent the New practice. Catherine J. Palermo, a York State Noelle M. Kinsch is Senior Leo M. Watertown attorney and for- Bar Associ- Attorney at the Iberdrola USA Loughlin mer Jefferson County senior ation’s Management Corporation. has joined assistant attorney, was nomi- Chair of the 1,755-member Peter A. Lauricella has been Rothwell, nated by Mayor Jeffrey E. Corporate Counsel Section. elected vice chair of the Graham for the six-year term Figg, Dana M. Anagnostou was Bethlehem, N.Y., YMCA. as part-time city judge. Ernst & elected as partner of Kramer Manbeck, Levin Naftalis & Frankel P.C. in Washington, D.C., as LLP’s Paris, France office. Of Counsel.

Spring 2012 ALBANY LAW MAGAZINE 55 Stephany (ABA) Law Student Division John R. Vero, partner with April M. Wilson, of McNamee, Phelps- Region 2 Negotiation Couch White LLP in Albany, Lochner, Titus & Williams in

CLASS NOTES Fahey has Competition. was appointed by the Albany Albany, was elected to the been Common Council to the City board of the Capital Region Shelli A. Healy was appointed appointed of Albany Industrial Medical Research Foundation. by Gov. Rick Scott Monday Director of Development Agency (IDA) Wilson has also been named to the Judicial Nominating Financial and the Capital Resource 2nd Vice President of the Commission that recommends Affairs at The Phelps School Corporation. Capital District Women’s Bar candidates for judicial in Malvern, Pa. Association. vacancies in Palm Beach William J. Mary Tanner-Richter will be County, Fla. Decaire Gilbert L. Carey has joined honored by the NYS Stop-DWI has been the firm O’Connell and Jennifer M. Foundation and Mothers elected as a Aronowitz in Albany. McDonnell Against Drunk Driving of Shareholder was named a Dennis J. Annechino has N.Y. State with a 2011 of the firm firm partner opened the firm of Santiago Recognition Award. Carter at the Estate Burger Annechino LLP in Conboy in Albany. Andrew R. Planning Rochester, N.Y. The firm Safranko Law Center. Shawn W. Yerdon was will focus in the areas of and promoted to partner at labor and employment, trusts Melinda J. Reed has received George E. Stockton Barker & Mead LLP and estates, commercial and the 3rd Annual Citation for LaMarche in Albany. corporate disputes, insurance Special Achievement in Public ’00 coverage, and civil rights. Service by the N.Y. State Bar Christopher J. Watt has announced Association. joined Carter, Conboy, Case, Carrianna C. Eurillo- the formation of their new Blackmore, Maloney & Laird, Travinski was promoted to firm LaMarche Safranko Law Daniel R. Ryan has been P.C. in Albany. Campus President at Mildred PLLC in Albany. elected partner at the firm Elley Business School. Smith Sovik Kendrick & 2001 James G. Talbot is now the Sugnet PC in Syracuse, N.Y. Vice President of Investments 2002 Elizabeth G. Adelman has at UBS Financial Services in 2000 received the Chancellor’s has received Northbrook, Ill. Natasha Kerry Award for Excellence at the The Capitol’s 40 Under 40 George E. 1999 University of Buffalo. award as a rising star in New LaMarche York government. and R. Andrew Feinberg has Cara J. Brousseau has been Andrew R. been recognized as an “Up Kimberly J. Raab is a personal named President-Elect of the Safranko ’98 & Coming Attorney” in the injury attorney at The Joel Capital District Women’s Bar announced Rochester, N.Y., area. Bieber Firm in Richmond, Va. Association, Albany. the forma- James A. Muscato II has Katherine Suchocki of Susanne H. Dolin has been tion of their new firm LaMarche been promoted to partner at Halfmoon was named director named president of the Safranko Law PLLC in Albany, Young/Sommer LLC in of law practice management Capital District Women’s Bar N.Y., on Feb. 1, 2012. Albany. for the N.Y. State Bar Association, Albany. Douglas R. Kemp has joined Association. Robert A. Panasci has been Benjamin M. Farber, recently the Vincelette Law Firm in promoted to partner at Mia D. VanAuken has joined named partner with Phillips Albany. He will be working Young/Sommer LLC in the firm of Thorn, Gershon, Lytle LLP in Albany, will on Real Property Tax Albany. Tymann and Bonnani, LLP serve as a judge in the Assessments. in Albany. American Bar Association

56 ALBANY LAW MAGAZINE Spring 2012 ALUMNI PROFILE

Against Odds, Merson ’01 Starts London Firm in 2010—Firm Is Still Growing

Despite an ongoing bank financing. That after graduation joined the debt crisis and recession- makes it very attractive small Rockland County firm battered U.K. real estate for sellers of distressed where he had worked during values, David Merson ’01 properties who want to high school. is beating all projections move quickly and deal He worked there until his and proving the nay- with our clients,” wife, Nicky, who grew up in sayers wrong. After Merson said. London, convinced him to forming their London Merson’s success in relocate to her hometown in law firm JD Law LLP real estate law rests 2003. He’s fully immersed in two years ago during a upon a foundation of British culture now speaking severe economic down- classes in New York in clipped sentences. “My turn, Merson and his Practice, Real Property friends in New York like to three founding partners Tax and others taught give me a hard time about tripled the size of their by Professors Patrick it. It felt slightly foreign legal staff and grew their Connors, David Siegel originally, but I consider it business dramatically and Timothy Tippins. home now. I did have to get since 2010. “I wasn’t interested used to the fact that the pace “People were saying in the esoteric or in London is quite a bit we were crazy to be theoretical parts of the slower than in New York starting this firm in the law,” Merson said. City.” Merson and his wife, worst post-war recession in “I put that practical knowl- an accountant and internal history and specializing in real “We believe that edge in my pocket when I finance director for a private estate when the bottom had since we’ve survived left law school and I look back U.K. firm, have a four-year- fallen out,” Merson recalled. on my time there with fond old son. “We believe that since we’ve and even thrived memories.” Before launching JD survived and even thrived when the economy Merson, who grew up in Law—the name comes from when the economy is at rock Rockland County, had his one Jeremy and three Davids bottom, we’ll be really ready is at rock bottom, sights set on a legal career at a who are the founders— to soar when things pick up.” we’ll be really ready young age. He worked as a Merson worked in the London Their practice has already to soar when things part-time paralegal at Nixon office of SJ Berwin, a large taken flight working with Peabody while an undergrad- international law firm. clients on the acquisition, pick up.” uate majoring in political “Although a brilliant firm development and disposal of science at George Washington with many amazing lawyers, a range of properties, includ- University. He accepted a it was too big for me and ing mixed-use developments, project with 270 apartments full-time position in Nixon wasn’t a good fit,” he said. hotels, restaurants, office and a hotel near the 2012 Peabody’s New York City As a transactional lawyer, buildings and industrial estates. Olympic site in Stratford out- office on the public finance Merson is a solicitor. That Merson is currently working side London. Although most team and met Albany Law means he represents clients on a large-scale property of their work is based in the School alumni, including but does not go to court. He transaction worth about U.K., Merson has represented Frank Penski, Connie Boland is not a barrister. “Barristers $50 million that includes a clients on projects in Singapore, and David Fernandez. “They wear the white powdered wigs landmark building in one of Hong Kong and Malaysia. were all good ambassadors for and black robes,” he said. “I London’s most well-known “We’re lucky that many of our the law school,” Merson said. assure my friends I don’t have districts. His firm is also work- clients are cash clients so we On their recommendations, a wig and hope I won’t need ing with a client developing a don’t have to wait around for he applied to Albany Law and one for a long time.”—PG

Spring 2012 ALBANY LAW MAGAZINE 57 58

CLASS NOTES ALBANY LA $250 to$500millionayear. U.S. economyanestimated and terrorismcoststhe crime, childlaborabuses has beenlinkedtoorganized strategy. Counterfeiting just aforward-lookingbusiness Coach goods.It’smorethan as authenticbrand-name to passoffimitationproducts prosecuting criminalswhotry copyright byinvestigatingand designer’s trademarkand luxury fashionaccessory great lengthstoprotectthe counterfeiting andgoesto He specializesincombating in-house counselforCoach. at aphotograph,”saidLau,an tell rightawayjustbylooking even havetopickitup.Ican a matterofseconds.“Idon’t counterfeit Coachhandbagin Yat FaiLau’05 Guangzhou to Street 34th from Brand Handbag Coach the Protecting ALUMNI PROFILE The counterfeiting threat W MAGAZINE canspota

Spring 2012 moving andchanging their challenge becausetheykeep for hiscareer. gives himasolidfoundation His AlbanyLawdegreealso anti-counterfeiting program. as partofCoach’sglobal easier whenhetravelstoAsia Mandarin makesLau’sjob fluent inCantoneseand items wererecovered.Being 10,000 piecesofcounterfeit for awarehouseraidwhere traveled toGuangzhou,China, counsel’s office.He’salso seven attorneysinthegeneral Manhattan, whereheisoneof on 34thStreetinMidtown a fewblocksfromhisoffice counterfeit Coachhandbags down onstreetvendorsselling Albany Law.Hehascracked who wasknownasFaiat is bothnearandfarforLau, “It’s anever-ending Even anuntrained person might retailfor$400to$500. Coach handbag,bycontrast, $40 to$50.Anauthentic through illegalwebsitesfor are soldbystreetvendorsor in Chinafor$2or$3and commonly aremanufactured Coach handbags,whichmost to helpthemspotcounterfeit tors andBorderPatrolofficers training forCustomsinspec- pronged approach.Heprovides feiters involvesamulti- in 2011. He joinedCoachascounsel at FordhamLawSchool. finance andbankinglaw a master’sdegreeincorporate he wasatthefirm,earned malpractice defense.While civil litigation,mainlymedical in NewYorkandworkedon Garson DeCorato&Cohen three years.Hemovedto District Attorney’sOfficefor Attorney intheKing’sCounty as anAssistantDistrict After lawschool,Lauworked Choi ’06atAlbanyLaw. learned alotthatway.” team andtrialcompetition.I in professors andIgotinvolved his careerchoice.“Ihadgreat David Siegelhelpedsolidify Jurisdiction withProfessor York PracticeIIandFederal noted thatcoursesinNew from NewYorkCity.He because hewantedabreak and choseAlbanyLawSchool degree atSt.John’sUniversity who earnedabachelor’s Lau, anativeofHongKong counterfeit operations,”said , the moot court Law Journal,themootcourt Cracking downoncounter- He methisfiancé,Hailey

counterfeit.”—PG something thatisclearly think twicebeforetheysell I’m satisfiedifImakethem no waytostopitcompletely. terfeiters,” Lausaid.“There’s difficult aspossibleforcoun- “My jobistomakeitas be completelystampedout. that counterfeitingcannever D.A.’s office.” a littlebitofworkinginthe exciting workandremindsme cities inChina,”hesaid.“It’s factory raidsinthemajor periodic marketsweepsand counterfeits forafee.“Wedo men whoimportandexport down oncounterfeitmiddle- also joinedanefforttocrack counterfeits,” Lausaid.Hehas not gettinganybetteron a penalty. meanor withamodestfineas items istypicallyamisde- caught sellingcounterfeit on CanalStreet.Still,getting Coach bagsandotherbrands openly sellingcounterfeit stores floutingthelawand Bloomberg helpedshutdown task forcesetupbyMayor ing NewYork,wherea in somejurisdictions,includ They’ve beenmakingheadway counterfeiters operatebrazenly. penalties aresoweakthat laws oftenlackteethandthe investigators makeabust,the is shoddy. and thestitchingfinishing instead ofhigh-qualityleather material isusuallycheapvinyl purse byholdingit,sincethe could pickoutacounterfeit Lau isresignedtothefact “Luckily, thequalityis Even whenLauandhis - Graig F. Zappia has joined appointed Chair of the Carey Ann Denefrio has been Jessica A. Reinhardt was the firm Tully Rinckey as a GenNEXT Young recognized as an “Up & named manager of N.Y. State partner in Albany. Professional’s Council, a joint Coming Attorney” in the Government Relations for initiative of the Albany- Rochester, N.Y., area. Con Edison. 2003 Colonie Regional Chamber of Sarah E. Gold has started Cheryl L. Sovern has been Commerce and the Christina M. Brescia joined her own firm in Colonie, named partner at the law firm Schenectady County Chamber the firm Goldberg Segalla in N.Y. The Gold Law Firm is DuCharme, Harp & Clark of Commerce. White Plains, N.Y. a business and consumer LLP based in Clifton Park, N.Y. Colleen M. Glavin has been transactional law firm. JulieAnn Calareso has been 2007 designated to serve as a Public promoted to partner at the Jeffrey V. Jamison has been Integrity Officer for the State firm Burke & Casserly in appointed head of the Evan S. Cantor, a first-year of New York. Albany. Division of Building Codes medical student at the Medical Kimberly A. Glennon has in the city of Albany. School for International Peter M. been recognized as an “Up Health, Ben-Gurion Damin Robert F. Mujica Jr. has & Coming Attorney” in the University of the Negev, in has joined received The Capitol’s 40 Rochester, N.Y., area. collaboration with Columbia the firm Under 40 award as a rising University Medical Center, Lemery Maria LaRosa has been star in New York government. was a presenter at an event Greisler appointed as justice of the Dana L. Salazar received the organized by the Medical LLC in Catskill Village, N.Y., Court. Outstanding New Lawyer School for International Saratoga Springs, N.Y. G. Nagesh Rao has joined award from the Capital District Health’s chapter of American Jessica R. Giroux has joined OnGreen as their Director Women’s Bar Association. Medical Student Association Bond Dealers of America as of Business Development in Bethany Schumann-McGhee in Beer-Sheva, Israel. Vice President of Government Los Angeles, Calif. was honored by the N.Y. State Stephen P. Gruberg has Relations in Washington, D.C. 2005 Bar Association for holding joined Proskauer Rose LLP Elisabeth B. Mahoney became pro se divorce clinics to help in New York, N.Y., as an a principal at the firm Bartlett, Bridget N. Amicone was a low-income people handle associate in the Corporate Pontiff, Stewart & Rhodes, Business Review 40 Under 40 their own cases. Department. P.C. in Glens Falls, N.Y. winner. Andrew H. Wood is now an Steven J. Ford joined Arista Janet M. Silver has been elect- Brian C. DeCarolis has been associate attorney with the Wealth Advisors in January ed Secretary of the Albany recognized as an “Up & firm of Friedman & Molinsek, 2012. County Bar Association. Coming Attorney” in the P.C. in Delmar, N.Y. Kathleen K. Hogan was a Rochester, N.Y., area. Lee M. Zeldin has received Rachel Perez Ryan was a Capital Region Business The Capitol’s 40 Under 40 Christopher Capital Region Business Review 40 Under 40 winner. award as a rising star in New J. DeFilippis Review 40 Under 40 winner. Cassandra York government. joined the 2006 A. West 2004 Kazukenus Orange, Brian D. has joined N.J., firm Adam H. Carr, a Hurwitz & Wolff & Cooper, a Carter Fine, P.C. Samson PC. Director at Conboy in the firm’s Carter Senior new Albany office. Conboy in Associate, Albany, has was selected been to be a member of Leadership Tech Valley’s Class of 2012.

Spring 2012 ALBANY LAW MAGAZINE 59 Quinn M. Morris has been 2009 Lauren A. Benjamin named assistant director Holupko A. Lee has

CLASS NOTES of the National Federation of Andria L. Bentley has joined recently joined the Independent Business. the N.Y. State Bar Association joined law firm of as executive services council. Towne, Carter, Michael J. Pendell joined the Ryan & Conboy, firm Motley Rice located in John A. Degasperis joined Partners in Case, Mt. Pleasant, S.C. the firm Basch & Keegan in Albany as an Associate. Blackmore, Maloney & Laird, Kingston, N.Y. Ronney L. Rosenberg will P.C. as an associate in Albany. Matthew B. Kellogg joined be working as a compliance Jason D. the Independent Petroleum Luke S. officer at Credit Suisse in Hughes Association of America (IPAA) Malamood New York, N.Y., responsible joined the as government relations staff has joined for commodity and emerging firm Hiscock in Washington, D.C. the firm markets securities trading and & Barclay, Carter sales in the Americas. LLP, Mitchell J. Pawluk has joined Conboy as Albany. Harris Beach PLLC as an an associate 2008 associate in the firm’s Albany Robert G. Magee was one attorney in Albany. office. Sarah I. Goldman has joined of the Knickerbocker Ledger’s Elizabeth V. Marchionni, Towne, Ryan & Partners, 30 under 30 winners Lourdes P. Rosario is staff joined the firm Robert S. P.C. as an associate attorney attorney in the family court 2010 Beehm, Attorney at Law in in Albany. program at The Hiscock Legal Binghamton, N.Y. Aid Society in Syracuse, N.Y. Ryan V. Horstmyer joined Joshua B. Boone has published Phillip Perry has joined Tully the law firm Pennock, How Developing Countries David A. Rozen was one of Rinckey PLLC in Albany. Breedlove & Noll LLP in Can Adapt Current Bilateral the Knickerbocker Ledger’s 30 Clifton Park, N.Y. Investment Treaties to Provide under 30 winners. Christopher J. Stevens has Benefits to their Domestic joined the Syracuse, N.Y., Justin T. Kelton joined the Robert M. Salkin was Economies. firm Gilberti, Stinziano, firm Dunnington Bartholow appointed Membership Officer Heintz & Smith as an associ- & Miller in New York, N.Y. Jeremy A. Cooney is Vice of American Mensa, Ltd. ate attorney in the litigation He was also appointed by President of Development Jeremiah M. Yourth joined department. for the YMCA of Greater Judges Lippman and Pfau to the firm Owen & Owens PLC Rochester. serve as a member of the in Richmond, Va. N.Y. State Court System’s Brian M. Dunn has joined the 2011 E-Discovery Working Group. law firm of Kowalczyk, Deery, Ryan V. Horstmyer was one Hilton and Broadbent in New Alicia M. Dodge has joined of the Knickerbocker Ledger’s Hartford, N.Y. the firm Maguire and 30 under 30 winners. Anthony F. Griffin and Cardona, in Menands, N.Y. Michael T. Neppl has received Kathryn F. Kosstrin started James P. Girvin was recently The Capitol’s 40 Under 40 a new law firm in Roseburg, hired as an associate at Girvin award as a rising star in New Oregon. It will focus on & Ferlazzo P.C in Albany. York government. criminal defense, family law, juvenile dependency and estate Carmina K. Tessitore is an planning. Associate at Law Offices of Burt M. Hoffman, LLC in Stamford, Conn.

60 ALBANY LAW MAGAZINE Spring 2012 The first five alumni to correctly name anyone in either photo win an Albany Law School cap. The first two to correctly name any five in either photo, including graduation year, win MARRIAGES William Little ’05 and Erica a Law School sweatshirt. Putnam Little ’06 welcomed Adam Lounsbury ’08 and their son Miles William Little Submit your answers to Betsy Sochar ’08 were on February 25, 2012. Christina Sebastian, Director of married on May 5, 2012. Jonathon Tingley ’06 and Alumni Affairs, at 518-445-3361

Jonathan Victor ’08 married his wife Jaime Rubin Tingley Who are they? or [email protected]. Jennifer Christensen on welcomed their son June 10, 2011. Benjamin Cooper Tingley on March 26, 2012. BIRTHS AND ADOPTIONS Blaise DiBernardo-Hover ’07 ? Brandy Murphy ’02 and and her husband Adam her husband John Murphy Hover welcomed their welcomed their second son daughter Gabriella on Tristan John Murphy, on April 7, 2012. October 26, 2010. Margaret Nyland Wood ’07 Moshe Bonder ’03 and his and Andrew Wood ’05 wife Sara Klein Bonder welcomed their son John on welcomed their daughter September 26, 2011. Ella Maren Bonder on Cory Kestner ’08 and his wife February 27, 2012 Sara Kestner welcomed their Peng Jiang ’03 and his wife son Benjamin David Kestner Li Tang ’03 welcomed on November 2, 2011. their daughter Shan on January 18, 2012. Jeffrey Jamison ’05 and Kathleen Hogan ’07 welcomed their son John Sullivan Jamison on March 22, 2012. Answers from the last issue. Noelle Lagueux-Alvarez ’05 Top photo: James T. Townsend and her husband Juan Carlos < ’71, Albert M. Pellegrino ’71, Dale Alvarez welcomed their M. Thuillez ’72 second child Eric Matthew on March 1, 2011. < Bottom Photo: Top: Jon L. Krahulik ’92, William J. McCann, Jr. ’92, Timothy J. Quinlivan ’91 Middle: Mary M. Farley ’92, Laura M. DiLallo ’91, Susann D. Estroff ’93, Megan Brown ’93, Pellegrino L. Certa ’93, Judith M. Nolfo ’93 Bottom: Kathleen Duffett ’91, Kristen (Merrihew) Wright ’91, Laura (Shannon) Hartman ’91

Spring 2012 ALBANY LAW MAGAZINE 61 INMEMORIAM

Hon. Anthony V. Cardona ’70: 1935 1948 Trustee, Supporter, Mentor George E. Toomey, John E. Hunt, August 28, 2011, April 19, 2011, Saratoga Springs, N.Y. Pittsboro, N.C. Presiding Justice Anthony V. Cardona passed away Dec. 4, 2011. 1936 Russell C. Marron Jr., Judge Cardona, a Trustee of February 15, 2012, John Brennan Mowry, Albany Law School since 1994, and Fairport, N.Y. February 19, 2012, member of the Class of 1970, was a Mexico, N.Y. 1949 tireless supporter of the school and its graduates. He was the 2002 1940 Thomas B. Daly, Commencement Speaker, where he October 16, 2011, John R. Graney, also received an honorary degree. West Orange, N.J. January 12, 2011, He has presided over numerous induction ceremonies for the LeRoy, N.Y. Honorable Daniel S. Law Clinic & Justice Center. In 2001 he was awarded the Dickinson Jr., Distinguished Alumni in Government Award. 1941 September 2, 2011, He was designated a Justice of the Third Department on Binghamton, N.Y. Sept. 8, 1993, appointed Presiding Justice on Jan. 1, 1994, James J. Aiello, and reappointed Jan. 1, 2005. His judicial career started as September 17, 2011, Edward J. Malone, Albany County Family Court Judge in 1985, where he served Albany, N.Y. February 16, 2012, until he was elected to the Supreme Court effective Jan. 1, 1991. 1943 Pompton Plains, N.J. Reelected to the Supreme Court in 2004, he was appointed Michael A. Perretta, Administrative Judge for the Third Judicial District in James C. Plunket, August 22, 2011, March 19, 2012, January 1992 and served in that capacity until his designation Canastota, N.Y. to the Third Department. Kingston, N.Y. Prior to his judicial career, he practiced law for 14 years, a Joseph A. Fischette, 1950 span which included a two-year period as a part-time attorney February 23, 2012, B. Robert Rosenberg, with the Albany County Public Defender’s office and service Clyde, N.Y. May 28, 2011, as a Law Guardian in Albany County Family Court. Penfield, N.Y. He was a graduate of Manhattan College in 1962. He 1945 served in the U.S. Navy from 1963 to 1967, as a Naval offi- John T. McKennan, Frank J. Ondrusek, cer in the Vietnam War. Following his honorable discharge, November 28, 2011, September 17, 2011, he attended Albany Law School and graduated in 1970. New Hartford, N.Y. New Port Richey, Fla. The Albany Law School Board of Trustees established the Sanford Soffer, Justice Anthony V. Cardona ’70 Memorial Scholarship Fund 1946 January 1, 2012, to honor his legacy. In accordance with Judge Cardona’s William H. Cummings Sr., Albany, N.Y. family and friends, Albany Law School will annually award October 10, 2011, Frederick M. Reed, the scholarship to a student who displays a strong sense of Lewiston, N.Y. citizenship and the desire to make a meaningful contribution March 6, 2012, to the legal profession and society. 1947 Vinalhaven, Maine, and Barre, Vt. Jean Maxwell Miner, June 29, 2011, 1951 Moorestown, N.J. Milton K. Adams, Earle N. Cooper, December 21, 2011, October 25, 2011, Manchester, Conn. Nassau, N.Y.

62 ALBANY LAW MAGAZINE Spring 2012 1952 1960 John P. DeMatteo, Vincent Francis Kirsch, Richard S. LoManaco, Father Figure July 22, 2010, May 19, 2011, Scarborough, Maine Rochester , N.Y. to Countless

1953 Edgar N Best, Students August 15, 2011, Linwood W. Anderson, Cathedral, Calif. John P. DeMatteo passed October 3, 2011, away on Dec. 10, 2011, John J. Bellizzi Sr., Ft. Lauderdale, Fla. at the age of 82. For more November 7, 2011, than 34 years he served as William M. Burke, Delmar, N.Y. January 12, 2012, the maintenance superinten- Troy, N.Y. 1961 dent at Albany Law School, where he was known as “Dad” to his crew members and the John J. Cavanaugh, Jr., 1954 law school community. The gymnasium that bears his name May 10, 2011, was dedicated to him in 1989. Francis J. Holloway, Albany, N.Y. August 10, 2011, While working here, John lived for 10 years until 1976 Bermuda Run, N.C. Charles P. Garvey, with his wife and two sons in the 1928 Building in an apart- July 12, 2011, ment that now serve as the Law Review offices. Romolo U. Versaci, Ticonderoga, N.Y. For many older alumni, John represented the small, caring December 30, 2011, environment Albany Law School offers, as he went out of his Roland L. Faulkner, Schenectady, N.Y. way to accommodate the students, faculty and staff. He was July 18, 2011, seen as always working, always on the job, and the stories 1955 Niskayuna, N.Y. are numerous: he brought students coffee and donuts during Anthony J. DeGaetano, 1967 late night study sessions; he saved books for students when January 19, 2012, clearing out lockers; his wife brought spaghetti dinners to his East Berne, N.Y. Richard P. Wallace, student workers. September 15, 2011, 1957 DeMatteo served in the Army during the Korean War and Troy, N.Y. was awarded the Bronze Star three times. Honorable John L. Murad, Patrick John Fish, William W. Pulos may have said it best in his “Eulogy January 10, 2012, January 15, 2012, for Dad.” Utica, N.Y. Ballston Lake, N.Y. “So, in the end, John DeMatteo was much more than he appeared at Albany Law School. He was a fighter, a war hero, William J. Doyle Jr., 1969 January 18, 2012, a soldier decorated for bravery and valor. He was a great Brunswick, N.Y. Charles E. Snow, husband and father: very loyal, very protective and very proud June 16, 2011, of his family. He was a one-of-a-kind icon at his workplace. 1958 Albany, N.Y. He selflessly took care of people, thousands of people. He never sought the limelight, never wanted promotions. Joseph R. Scully, 1974 July 30, 2011, To read the full “Eulogy for Dad” by William W. Pulos ’80 Lake George, N.Y. James F. Seeley, www.albanylaw.edu/eulogyfordad June 15, 2011, Forrest Greeley Weeks IV, Albany, N.Y. August 10, 2011, Glenmont, N.Y. Timothy P. Fitzgerald, October 23, 2011, Anthony B. Sgarlata, Waterville, N.Y. September 26, 2011, Schenectady, N.Y.

Spring 2012 ALBANY LAW MAGAZINE 63 1975 1993

Ross A. Peters, Debra S. Finelli,

IN MEMORIAM May 21, 2011, January 8, 2012, Salamanca, N.Y. Glenmont, N.Y.

1976 1995

Wesley A. Daniels III, Lisa M. Codispoti, July 11, 2011, October 6, 2011, Watertown, N.Y. McLean, Va. (Stoneman Award recipient. Marc David Snyder, See page 6.) November 17, 2011, Elizabeth, N.J. 2006

1986 Marcia F. Roth, April 6, 2011, John Sciortino, Delmar, N.Y. March 12, 2012, Rochester, N.Y. 2010

1987 Nicholas John Attanasio, September 24, 2011, Stephen Grifferty, Kingston, N.Y. Charlotte Pitt, Generous Donor October 24, 2011, and Friend Colonie, N.Y. Friends of Albany Law 1989 Honorable Roger J. Miner Charlotte Blandy Pitt passed away on February 20, 2012. As passed away on February 18, Nancy Bogan, the widow of Justice DeForest C. Pitt, Class of 1932, she was 2012, in Greenport, N.Y. September 3, 2011, a long-time generous supporter of Albany Law School. This He held an adjunct teaching Amsterdam, N.Y. year she was honored with a portrait that hangs next to the position at Albany Law School main entrance of the law school’s 1928 Building, opposite Jeffrey S. Rosenberg, since 1997. from the central staircase that bears her and her husband’s September 17, 2010, name. Her portrait hangs closely to the portrait of her late Dunwoody, Ga. husband, a former New York State Supreme Court Judge. Calling the Albany Law community her extended family, 1991 she gave regularly to the school, including contributing to Laura Shannon Hartman, the Annual Fund, the school’s endowment, and supporting May 25, 2011, alumni events like the Annual Day at the Races. Marietta, Ga. “Albany Law School gave the love of my life the ability to achieve a successful career and life,” she once said. “He loved 1992 the school.” Gary R. Hotvedt, November 18, 2011, Charlotte, N.C.

64 ALBANY LAW MAGAZINE Spring 2012

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June 18 17th Annual Albany Law Golf Outing Schuyler Meadows Club, Loudonville, N.Y.

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September 21–23 Reunion Weekend 2012 Albany Law School, Albany, N.Y.

www.albanylaw.edu/events 66 ALBANY LAW MAGAZINE Spring 2011