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Spring 1998 1998 Cardozo Life (Spring) Benjamin N. Cardozo School of Law

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A PUBLICATION OF BENJAMIN N CARDOZO SCHOOL OF LAW I I JACOB BURNS INSTITUTE FOR ADVANCED LEGAL STUDIES YESHIVA UNIVERSITY

SPRING 1998

S PRING 1998 alFE Features

An Interview w ith Stephen J. Schulte . . . . 14 Adjunct professor, vice chairman of the Board, partner at a major New York law firm , spouse of a Cardozo grad, and cochair of F1iends of Cardozo, Steve Schulte talks of legal education, development, Cardozo, and the future.

The Jacob Burns Institute for Advanced Legal Studies . .. . 19 Ton years after Cardozo's founding, Jacob Burns decided that he wanted to do something that would give the Law School a strong presence on the national scene; thus was the Jacob Burns Institute for Advanced Legal Studies conceived.

BY JONATHAN KALSTROM

Not Just Any Immigration Case ...... 23 Only one lawyer can claim that he was successful in Departments helping John Lennon and Yoko Ono with their immigration problems. In an annual lecture, Professor Wildes recalls Around Campus ...... 3 the legal wrangling as well as the friendship that developed between him and his clients. Conference Examines Holocaust Issues • LL.M. Programs to Be Offered • BY LEON WILDES Woodward Trial Lessons • Cochran ADJUNCT PROFESSOR OF LAW Comes to Campus • Warren Buffett Toaches Class • Friends of Cardozo Members of the Adjunct Faculty Reorganize • Moot Court Toams Win • Four Visiting Professors • Auction Share A Celebrated Moment ...... 31 Raises $12,000

BY BARU CH WE I SS , DANIEL SILVERMAN , RO SALIND LICHTER , BURTON LIP SHIE, SALLY GANONG POPE, AND MICHAEL ROSS Faculty Briefs ...... 10 Toby Golick Wins Distinguished Cardozo Goes Residential ...... 38 Service Award • Programs at Oxford • News Briefs Architectural historian and real estate lawyer Alpern takes a look at the rich history of the two buildings that, through a clever real estate deal, will become Cardozo's Alumni News & Notes . . . 42 new residence hall. Weingarten Becomes President of UFT • Annual Fund Exceeds Goal • BY ANDREW ALPERN '9 2 Reflections on ITAP • BALLSA Reunion • ClassActions Cardozo E From the Dean

Susan L. Davis EDITOR A Blueprint for the Future

Paulette Crowther There is no single blueprint for the founding and flourishing of a good law ASSOCIATE EDITOR school. Howeve1; a fo undation built on solid plans, good facilities, continu­ ous fundraising, and a top-flight faculty is the best way to ensure success. Judy Tucker Cardozo has been blessed with having all of these components. ART DIRECTOR The School can boast of devoted founders and supporters-among them the late Jacob Burns, former chairman of the Board, and Earle Mack, our cur­ Norman Goldberg PHOTOGRAPHY DIRECTOR rent chairman. By creating the Jacob Burns Institute for Advanced Legal Studies, Mr. Burns assured Cardozo's entrance into the national and interna­ tional legal consciousness by supporting intellectual endeavors. Mr. Mack • and the Mack fa mily have assured that we will have outstanding students now and in the future by supporting scholarships.

Cardozo Life is published twice each year by With the beginning of the 1998 academic year, Cardozo will add a resi­

the Department of Public Relations dence to its facilities-a beautiful building just one block from the Cardozo

Benjamin N. Cardozo School of Law campus. Plans are also going forward to initiate a capital campaign that will

Jacob Burns Institute for Advanced Legal Studies upgrade Cardozo's cmTent building, improving the library, lobby, student

Yeshiva University areas, and classrooms.

Brookdale Center, 55 Fifth Avenue Cardozo's faculty is this Law School's greatest asset. Members of the fac­

New York, New York 10003 ulty are productive scholars with a love of teaching. They are quoted in the

Phone (2 12) 790-0237 media as experts relied upon by the best scholars in their fields, and praised

FAX (212) 790-0203 by the practicing bar, as well as by students and graduates. The Cardozo faculty is buttressed by an extraordinary group of adjunct professors who come from the front lines of practice. They bring to the insti­ • tution a depth of experience and love of lawyering that students find com­ pelling. In addition to teaching, these individuals offer advice, provide access

Editorial contributions and submissions to internships,_and help to spread the Cardozo story in the New York legal

are welcome. This publication accepts com munity.

no responsibility for unsolicited manuscripts This issue of Cardozo Life celebrates the adjunct faculty. It provides a

or photographs. All submissions are preview and brief history of the buildings that will become Cardozo's new

subject to editing and are used residence. Then, it takes an in-depth look at the founding, history, and future

at the editor's discretion. direction of the Jacob Burns Institute for Advanced Legal Studies-one of Cardozo's cornerstones. As Cardozo climbs into the higher echelons oflaw schools nationally, we do well to remember those things that have provided strength and structure for its future.

CARDOZO LIFE arounf AM PUS

Conference Examines made the conference note­ banks to open their hitherto of these claims," he said. Holocaust Issues worthy was the caliber of secret bank records, spoke Among tl1e other speak­ the panelists and the excep­ at the opening session. ers were Paul Volcker, tionally high quality of He announced that he had chairman, Independent Policy makers, authors, their presentations. just asked Alan Greenspan, Committee of Eminent academics, religious lead­ According to Professor chairman of tl1e Federal Persons; Ambassador ers, and diplomats from Halberstam, Bennett Reserve, to block the pend­ Naphtali Lavie, vice chair­ around the world discussed Freeman, senior adviser to ing merger between Swiss man, World Jewish Restitu­ highly topical subjects relat­ Under Secretary of State Bank Corporation and tion Organization; Prof. ed to the Holocaust at a Stuart Eizenstat, and many Union Bank of Switzerland Daniel J. Goldhagen, Har­ major two-day conference, others said that it was the until a thorough audit of vard University, author of "The Holocaust: Moral and best and most comprehen­ their wartime assets is Hitler's Willing Executi.oners: Legal Issues Unresolved 50 sive conference on the sub­ completed. Ordina,y Germans and the Years Later." The panelists ject that they had attended. He also discussed tl1e Holocaust; Hector Feliciano, analyzed such issues as the Senator Alfonse D'Amato, issue of looted art and the author of The Lost Museum; role of Switzerland and the New York Republican reluctance of museum Rabbi Norman Lamm, pres­ other "neutral" states, loot­ who heads the Senate directors to investigate tl1e ident, Yeshiva University; ed art, Nazi gold, hidden Banking Committee and provenance of the art their Elyakim Rubinstein, attor­ bank accounts, confiscated has helped force Swiss institutions hold. "I don't ney general of the State of Jewish property, and the think the great Israel; Rabbi She'ar Yashuv future of Ausch witz. The galleries... that Cohen, chief rabbi, Haifa; event, cosponsored by now hold this art- and Israel Singer, secretary Cardozo, the Jacob Burns work are interest­ general, World Jewish Institute for Advanced ed in finding a Congress, who was the co­ Legal Studies, and the quick... settlement organizer of the conference. World Jewish Congress, was held February 8 and 9 at Cardozo. Conference co-organizer Prof. Malvina Halberstam said, "I believe the con­ ference made a very important contribution to the thinking on a sub­ ject that is very difficult, philosophically, legally, and emotionally. The panelists emphasized correctly that the issues are justice, dignity, and human rights in the broadest sense." She (counterclockwise from top) Volcker, Freeman, Singer, D'Amato, indicated that what Halberstam, and Verkuil

SPRING 1998 3 LL.M. Programs in Intellectual Property and General Studies to Be Ottered

'Two graduate programs at Cardozo have been given the go-ahead by the AALS and ABA. As we go to press, the new programs are awaiting approval by the State of New York to begin in the fall. Building on the

Guilt, love, and reckoning in postwar Germany were the themes-of a literary conversa­ Law School's strengths in tion that drew more than 400 people to Cardozo. both intellectual property Inspired by Prof. Bernhard Schlink's best-selling novel, The Reader, the panel of and legal theory, members authors-including Professor Schlink, a regular visitor at Cardozo-discussed these of the faculty working with themes from a literary, legal, and moral point of view. Prof. Arthur Jacobson, who coor­ the dean's and admissions dinated the evening, moderated the panel, which also included Prof. Daniel Goldhagen offices have developed two of Harvard University and author of Hitler's Willing Executioners: Ordinary Germans and Master of Laws programs the Holocaust; New York Times editorial writer Tina Rosenberg, who won the Pulitzer for law school graduates prize for The Haunted Land: Facing Europe's Ghosts After Communism; and Prof. Richard contemplating a career Weisberg, author of Vichy Law and the Holocaust in France. (from left: Weisberg, change or interested in Goldhagen, Schlink, Verkuil, and Jacobson) specialized training, as well as foreign lawyers seeking American training. • •• • • •• • "With work in intellectu­ al property becoming so highly specialized, a large number of lawyers want more training," explained Senior Associate Dean Michael Herz. "The gradu­ ate program in Intellectual Property is the capstone to what is already one of the nation's strongest programs in this field." The General LL.M., aimed primarily at interna­ tional students, will be open also to any law school graduate seeking further training. Candidates will be Douglas Wyatt, Esq.,Wyatt, Gerber, Meller & O'Rourke, LL.P. (at the podium), was a pan­ able to construct their own elist at "Early Patent Publication: A Boon or Bane?" held last fall by the Intellectual educational programs. Property Law Program and Cardozo Arts & Entertainment Law Journal. Prof. John Duffy "These new students (left) moderated the discussion of the legal and economic effects of publishing patent will make the Law School applications after 18 months of filing. Other panelists included (from right) Herbert that much more diverse Wamsley, executive director, Intellectual Property Owners, and Hayden Gregory, Esq., and will have real benefits American Bar Association. Not shown is Dr. Robert Rines of United Inventors Association for the entire Cardozo of America and A lliance for American Innovation. community," he said.

4 CARDOZO LIFE Scheck Teaches the value of forensic sci- controversial cases," of the 11th floor, the start of the new academic year, and Lessons Lea rned in ence in proving guilt or stressed Professor Scheck. innocence, and ethical "However, the important the initiation of new pro- Woodward Trial issues facing lawyers today. thing is always to maintain grams by our dean, we He said, "This is the only your professionalism." have much to show off," Forty-eight hours after case I've lost in front of a declares Robert Schwartz, Judge Hiller B. Zobel set jury wh ere I couldn't Pre-Law Advisers and director of admissions. The aside a j ury's second-degree understand th e reason for Students Visit Cardozo guests met current Cardozo murder conviction of losing." He admitted that it students, sat in on a British nanny Louise was the "lowest moment Property class taught by Woodward, her defense I've ever had as a profes- Dean Verkuil and the Melanie Leslie, and met attorney, Barry Scheck, sional." However, the admissions office hosted a with Professors Monroe brough t the case to the judge's reduction of the ver- "Day at Cardozo" for a Price and David Rudenstine classroom at a community diet and Professor Scheck's dozen pre-law advisers, and staff from both the meeting open to all recent high ratings in pub- including representatives admissions office and the Cardozo students. Professor lie opinion polls lead th e from Boston University, Center for Professional Scheck discussed the trial well-known professor to University of Maryland, Development. They had and emphasized for more believe that his position in NYU, Fordham, Tonity, lunch at the Salmagundi than 250 soon-to-be-lawyers the public arena will not Wesleyan, and Bowdoin. Club, toured the Law the lessons to be learned negatively affect his ability "This was the first time in School with graduates of from it, including client- to defend future clients. many years that we invited their institutions, and fin- attorney relationships, jury "You are never universal- advisers to a formal pro- ished the day with a tour of selection, professionalism , ly applauded, especially in gram. With the completion the neighborhood.

Panel on Political Prisoners Brings Cochran to Campus

References to the antiwar move­ there is no progress"), he ment, the Black Panther Party, implored those who soon will be Abbie Hoffman, and Kathy lawyers to find a niche where Boudin of the Weathermen they can make a difference. He charged the room at Benjamin N. said that if they should choose to Cardozo School of Law on represent the underrepresented, February 4 with palpable excite­ they will find a career in which ment. Several hundred students they will always be energized. and guests came to hear a stellar Mr. Cochran represents group oflawyers who have repre­ Geronimo Pratt, a former mem­ sented "political prisoners." ber of the Black Panther Party, Kathleen Cleaver, a member of who was released from jail in SUSAN LERNER the central committee of the (from left) Lubell, Weinglass, and Cochran June 1997 after serving 27 years Black Panther Party from 1967 to for a crime he never committed. 1971 and a visiting professor at Cardozo last fall, moderat­ Other political prisoners currently represented by the ed the panel sponsored by BALLSA, which included panelists include Joanne Chesimard by Mr. Hinds, Mumia attorneys Johnnie Cochran, Lennox Hinds, Joan Gibbs, Abu-Jamal by Mr. Weinglass, and Sundiata Acoli by Ms. Leonard Weinglass, and Jonathan Lubell; as well as human Gibbs. The panelists read FBI reports that revealed the tac­ rights activist Linda Thurston. tics used by the government to harass and "neutralize"- Mr. Cochran set the tone of the evening with his a euphemism for eliminate-the individuals who were remark, "I am honored to be on this panel with other war­ deemed destructive to the state. They urged students to riors ... who have worked to change society for the better, work with political prisoners, whom Mr. Lubell called forever." Quoting Frederick Douglass ("without struggle "flowers of the oppressed community.11 The admissions office More than 100 admitted under Schwartz has initiat­ students came to Cardozo ed a number of events to in March for the annual bring interested students to event that introduces them campus. "Nobody can tell to the Law School prior to Cardozo's story better than their making final decisions th e professors and stu­ about attending in the fall. dents," observes Schwartz. They met Dean Verkuil, "We work with several sat in on a first-year class, undergraduate institutions talked with current that bring groups of their students, and relaxed at a students to Cardozo for a lavish reception. look at th e Law School." sor Buffett offered students a moral or business conflict This year, student groups Warren Buffett investment advice and a with the boss?" asked one from Sarah Lawrence, Teaches Master Class guided tour of his personal law student. "Do whatever Barnard, CUNY, and at Cardozo philosophy. your senior partner tells Yeshiva visited for half Initially, he spoke about you to do," joked Mr. days. In Februa1y, the conflict resolu tion and Buffett. He continued on a admissions office hosted a "Testing-one million , two negotiation in business and more serious note with a "Students of Color Law million , three million," suggested students have a Churchill quotation: "The Day," which brought a cou­ intoned Warren Buffett, fl exible mind and "when house you are associated ple of dozen students to legendary chairman of faced with difficult situa­ with shapes you." He campus for tours, visits Berkshire Hathaway Inc., tions, realize that more can advised the students to with members of BALLSA, as he checked the micro­ be gained if you do not take work with their "heroes." and to sit in on classes. phone and started a "class" an adversarial role." He Mr. Buffett named his This new program , initiated at Cardozo early in then opened up the floor to father, his wife, and Tom to increase diversity on December. In a lively and questions: ''Ask whatever Murphy, former head of campus, was deemed suc­ candid discussion in Larry you like, anything goes." CapCities, among his cessful enough to be repeat­ Cunningham's class in "What should a young heroes. About Murphy he ed next year. Corporations, guest profes- associate do if he or she has said, "I've seen him close­ up in many situations. Money unmasks people. He's never done anything Attorn eys w ho w ork in legal services and that couldn 't be on the not-for-profit organizations gathered at front page of the New York Cardozo for "The M edia and Poverty Law: Times, even if the reporter Ethical and Tactical Issues for Advocat es. " were unsympathetic." Coordinated by Prof. Ellen Yaroshefsky Students plumbing the and cosponsored by the Jacob Burns Ethics legendary investor for Center and the Legal Support Unit of advice were told to use Legal Services for New York City, the half­ research and diligence to day session featured public relations estimate what a given com­ professionals and journalists w ho discussed pany would look like in 10 how to develop a media strat egy and sell to 15 years. He emphasized, a story to a journalist. Additiona ll y, there "I look for absence of w ere discussions on how t o protect your change. I want to be able to cl ient and how to use the press to help predict. Berkshire Hatha­ your cause. Felipe Luciano of Fox way looks at the business Television (show n here) called for sub­ itself, independently of stance and passion w hen contacting the market value. We don't press and said, "Give me a moral drama trust anyone else's evalua­ and I'm on it." tion. The question to ask yourself is, if you were to

6 CARDOZO L I FE go away for 10 years and about how he spends his could buy stock in only one day, he replied, "I tap-dance company, which would you to work. I enjoy keeping go with?" my managers, who are When asked what he already rich, eager to work. thought about Kodak's I want to work with people announced retrenchment who love the business." and loss of market share, He concluded with some he compared Kodak and personal remarks. "I enjoy Coca-Cola to castles with doing just what I do. I have moats. "Coke has a very all the creature comforts. large moat around its castle, I don't live any differently but Kodak's moat is shrink­ from someone who's ing. It is smaller today for a making $200,000 annually. variety of reasons. How­ I still live in the same Jesse Choper, Earl Warren Professor of Public Law, Boalt ever, I think they made a $31 ,000 house I bought 30 Hall School of Law, University of California, Berkeley, fatal mistake, dating back to years ago in Omaha, was the Uri and Caroline Bauer Lecturer this year. the 1984 Olympics." Nebraska. My kids went to His speech in November was "On the Difference in According to Mr. Buffett, the same public grammar Importance Between Supreme Court Doctrine and Kodak allowed Fuji Film to school that I went to, and Actual Consequences." Professor Choper, w ho has outbid it for the advertising now my grandchildren are taught at Berkeley since 1965 and was its dean from slot at the Olympics, and there, too. The important 1982 to 1992, is a renowned scholar in the fields of con­ suddenly Kodak-a nam e thing is having enough to stitutional law and corporation law. Professor Choper that has always been syn­ do what you like to do. I (at right) is shown here w ith Harry Bauer, member of onymous with the best in love my job and my life." the Cardozo Board of Directors. photography-took a back­ seat to Fuji, a second-tier Friends of Cardozo company at the time. Mean­ Reorganize while, Fuji gained world­ vice chairman, Cardozo the redesign of the 1st and wide attention and nam e Board of Directors, an 9th floors, and the anticipat­ recognition in the field. More than 60 parents came adjunct professor, and part­ ed opening of the new He spoke about lever­ to Cardozo in February for ner, Schulte Roth & Zabel, dorm in September. The aged buy-outs, social a "Friends of Cardozo" cock­ welcomed guests and com­ program was rounded out security, and philanthropy. tail reception. Margaret mended the Law School for with remarks from faculty When a student questioned Cook Schulte '92 and her its outstanding progress in m embers Stewart Sterk and whether he was up to Tod husband, Stephen J . just 20 years. Senior Toby Golick, who both Turner's challenge to his Schulte, are cochairs of the Associate Dean Michael commented on the excep­ peers to give to charity, Mr. newly reorganized group • Herz Ul)dated parents on tional caliber of Cardozo Buffett amazed the class that raises funds to create improvements in Cardozo's students. Friends of with his statement, "I am and sustain specific acade­ facilities-the completed Cardozo, which was found­ giving it all away-actually, mic projects. Mr. Schulte, renovation of the 11 th floor, ed by Cardozo parents, 99 percent, which my kids has supported scholarships think is everything." He and the library's computeri­ continued, "Tod, myself, all zation project, contributed of you, we are incredibly to the Summer Institute, blessed to be born at this and funded stipends for time, in this country. I students working in the don't believe in creating a public sector. dynasty of wealth. We should give back to the (from left) Fred Silecchia, society that has given us Thomas Silecchia, Eleanor so much." Silecchia, and an unidentified To a student's query parent

SPRING 1998 Cardozo Teams Have "Plato, Cicero, Thomas Aquinas, and Thomas Winning Year Jefferson all believed in a natural law, one that transcended human law. They believed, in the words of Cicero, that prosecuting children 'is This year, Cardozo's Moot not right reason,' " noted Michael Corriere Court teams have an im­ (pictured here), presiding judge of the Youth pressive record. The Moot Part of the Supreme Court, at the panel Court Honor Society won "Trying Youth Offenders as Adults," sponsored the 15th annual Academy by Cardozo Women's Law Journal in of Law Competition-Jim November. While discussing the perennial topic of how to deal w ith serious juvenile Harris won Best Oralist­ crimes, the panelists came to a consensus that the system needs a more sophisticated and placed well in four way to deal with violent offenders-a carefully circumscribed transfer-up system. Judge other competitions. For the Corriere said that family court judges should make that determination. Other panelists first time in the School's included Peter Reinharz, division chief, Family Court Division, NY~ Law Department; and history, Cardozo's team Robert G. Schwartz, executive director, Juvenile Law Center and chair, ABA Juvenile won th e regional competi­ Justice Committee. Prof. Kyron Huigens moderated. tion of the Association of the Bar of the City of New York's National Com peti­ • • • • • • • • • • ••• • • • tion, defeating all teams from New York and New Jersey. It went on to reach the quarterfinals of th e nationwide competition, placing Cardozo in the top 16 teams nationally. Cardozo placed in the quarterfinals at the San Diego Criminal Law competition and in the J. Braxton Craven Constitu­ tional Law Com petition at the University of North Carolina, Chapel Hill. In the latter event, Cardozo's oralists, Natasha Young and Elizabeth Kase, were ranked in the top 10 out of more than 80 competitors. The Experts in securit ies law gathered at Cardozo in November for "Insider Trading After team arguing in th e Tulane O'Hagan: Law Policy and Theory." In a round table, panelists analyzed the craftsmanship University Sports Law of the recent Supreme Court O'Hagan opinion, which upheld the judicially created Invitational won th e Best "misappropriation theory," making it a criminal offense for certain outsiders to trade on Brief award, in addition to insider information. Conference organizer and moderator Prof. Lawrence Cunningham advancing to the "sweet noted that "O'Hagan marks the first time in some 17 years that the Supreme Court of sixteen" round. Oralists the United States has spoken- as a court-on t he murky contours of insider trading law. Matt McCurdo and Eric For that reason alone, the opinion is important: it will also strongly influence the future Cohen will have their brief fabric of insider trading law." Cosponsored by The Samuel and Ronnie Heyman Center published in th e Sports on Corporate Governance and Cardozo Law Review, the panel featured the Honorable Lawyers' Joumal. Ralph K. Winter, US Court of Appeals for the Second Circuit; Prof. Roberta S. Karmel, Th e Cardozo Trial teams, Brooklyn Law School; Prof. Marcel Kahan, New York University School of Law (at left); under the coaching of Jill Arthur F. Mathews, Esq., Wilmer, Cutler & Pickering (at right); and Daniel J. Kramer; Esq., Konviser '90, senior assis­ Schulte Roth & Zabel. tant counsel to Governor

8 C A RD OZ O LI FE Pataki, won second place in Four Professors Visit St. John's Uni­ the National Association of Cardozo versity and also Criminal Defense Lawyers teaches in the Competition at the organi­ New York Uni­ zation's national convention As in previous semesters, versity graduate in New York. Cardozo's Cardozo is benefiting from tax program. He team had been selected the presence of visiting holds a J.D. from from dozens of law schools professors on campus. St. John's and an as one of the 14 outstand­ (clockwise from top left) LL.M. from NYU. ing trial teams to partici­ David Caudill, from Park McGinty, pate in the NACDL compe­ Washington & Lee Univer­ who is teaching tition. Erach Screwvala won sity, is teaching Contracts Corporations and the prize for Outstanding and co-organized the April Corporate Fi­ Oral Advocate. Vered Rabia conference, "Modes of Law: nance, has a received the prize for Best Music and Legal Theory." Ph.D. in the his­ Advocate in the semifinals His interests are in legal tory of religion of the competition. theory and in psychoanaly­ from University In March, Cardozo won sis. In addition to a law of Chicago and a first and second place at degree from University of J.D. from Yale the northeast regional Houston, he has a Ph.D. in University. He competition of the Associa­ philosophy from Free previously practiced at Sydney, where she received tion ofTtial Lawyers of University of Amsterdam. Davis Polk & Wardwell and a law degree and a Ph.D. in America. Both teams went John Davidian is teaching has taught at New York Law English. She is teaching to the finals in Washington, Federal 'Tux and Corporate School. Penelope Pether Feminist Jurisprudence and D.C. 'Tux. :He is a professor at teaches at the University of Law and Literature.

Dean and Profs Help SBA Raise $12,000

It was touted as the Sixth Annual Goods and Services Revue Show," horseback riding in Central Park, and golf at Auction with a new twist- a fashion show. This year's the Winged Foot Country Club, home of the PGA Cham­ event, which raised more than $12,000 for summer public pionship Tournament. interest stipends, felt less like a fundraiser and more like a The fashion show energized the audience party. The evening was sponsored by the Student Bar and readied them for lively bidding. Fashion­ Association. It was chaired by Stefania Geraci and Rachel able day and evening wear loaned by H. Nash, who produced the fashion show, and choreo­ trendy Uncle Sam's, 5th Ave. Collection, graphed by Delton Henderson. Bang Bang, Club Monaco, Zel1er Tuxedo, The night began with a silent and VIP Fashion by Esther Nash were auction, followed by the fashion modeled by Cardozo and FIT students. show, and concluded with a live The highlight of the fashion show auction featuring meals donated by may have been Dean Verkuil, in his Cardozo professors, including dinner debut on the Cardozo catwalk, wearing a for three with Dean Verkuil. Other black tuxedo with a Nehru collar and a items included white banded collar shirt with a black the chance to button enhancer. In his final turn on the "be made fun runway, the dean opened his jacket, placed of or nominate both hands in his pockets, and struck the someone to perfect model's pose-a spirited perfor­ be made fun of mance in an extracurricular endeavor that in the Law benefits Cardozo's students. FACUL~)(efs

Toby Golick Wins efits, including Medicaid, her colleague in the Clinic, effected legislative change Distinguished Medicare, and social securi­ Leslie Salzman, noted, through novel and creative Service Award ty, she has also done sub­ "Toby is compelled to do legal arguments. Professor stantial legal work on issues this work the way an artist Salzman went on to say such as the that, as Ever since she graduated expungement exhausting as from Columbia Law School, of juvenile litigation is, Toby Golick has been help­ records, ten­ Professor ing the elderly, the poor, ants' rights, Golick's efforts and the disabled. And for pension bene­ on behalf of her the last 13 years at Cardozo, fits, and dis­ clients go Professor Golick has crimination beyond legal worked indefatigably as based on age advocacy. director of the Bet Tzedek or disability. "Toby has been Legal Services Clinic, In honor of known in her inspiring and teaching her devotion spare time to students to protect the legal to public ser­ feed a client's rights of hundreds of vice, Professor Golick was is compelled to paint. It is cat while the client was in individuals of this under­ awarded the Distinguished her respect for human dig­ the hospital or to find an served and vulnerable pop­ Service Award by the nity that motivates he1~ 11 apartment for a client who ulation. Although much of Samuel Sadin Institute on She cited several significant wanted to return to the Professor Golick's work has Law of the Brookdale cases in which Professor community." focused extensively on Center on Aging in Feb­ Golick's advocacy created Professor Golick has issues related to public ben- ruary. At the ceremony, new legal precedent or directed Bet Tzedek since its inception in 1985. The Clinic started with one Salzman and Golick Settle Class Action room, a box of pencils, two phones, nine students, a Professors Leslie Salzman and Toby Golick have just settled a significant class part-time faculty member, action brought on behalf of New York City Medicaid home-care recipients whose and funding from the home-care services had been reduced by the city without justification. The settle­ Brookdale Foundation and ment of Mayer v. Wing has resulted in the restoration of essential health-related UJA Federation of New services to approximately 1,500 elderly and disabled New York residents, the cre­ York. It is now housed in ation of lawful procedures to protect future Medicaid home-care recipients, and the newly renovated 11th the establishment of important legal precedent in the area of public benefits law. floor of the Law School, and Students from the Bet Tzedek Legal Services Clinic and the Bet Tzedek is a nationally respected Community Clinic at New York Legal Assistance Group participated in all aspects organization with 35 stu­ of this important case, from interviewing home-care recipients to helping draft dents and 4 full-time facul­ memoranda of law. One student, Brian Grimaldi, conducted the examination of ty who help hundreds of an expert witness at the preliminary injunction hearing. Other students who clients each year in individ­ worked on the case include Julie Noble, Mindy Paget, Jennifer Redmond, and Molly Sellner. ual and class-action cases. At the award ceremony, Professor Salzman re-

1 0 CARDOZO LI FE marked that Professor tive Law Journal and an Ronnie Heyman Center on and Society. This is a two­ Golick is a brilliant and issue of the AELJ, both of Corporate Governance and week seminar designed to generous mentor with which are about to be pub­ the Centre. This course, give prospective law extraordinary energy and lished; our student Robert said Professor Cunningham, students insights into the wit, and congratulated her Powell is spending a semes­ "will examine the domestic critical issues in developing for a "well-deserved award ter at Oxford; and Michael laws that govern the ways media, telecommunica­ for 25 years of tireless work Likosky '97 is a graduate various countries allocate tions, and Internet law and on behalf of elderly, poor, student there and assists power between sharehold­ policy around the world. and disabled New Yorkers." Stefaan Verhulst, director of ers and managers and the According to Professor the Oxford Programme on roles of outside directors, Price, "Debates on the eco­ Pri ce and Media Law and Policy. This finan cial institutions, and nomic, social, and legal Cunningham Plan growing relationship should institutional investors." issues created by rapid reap many rewards for us." Later in the summer, changes in technology Programs at Oxford Early in July, Professor Professor Price and John make this area particularly Cunningham and Charles Duffy, with Stefaan well suited as an introduc­ Increased globalization and Yablon will co-teach Verhulst, will teach Intro­ tion to ways of thinking the rapid growth of interna­ Comparative Corporate duction to Media Law, about and analyzing case tional and transnational Governance under the aus­ cosponsored by the Squad­ law, statutes, and law firms, not to mention the pices of The Samuel and ron Program in Law, Media review articles." World Wide Web and other international technological advances, are creating new areas of the law for stu­ dents to explore. Seizing the moment, both Monroe Price and Larry Cunning­ ham have developed sum­ mer programs to be held at Oxford University that will offer students just that opportunity. Both programs build on an existing relationship between Cardozo and Oxford University's Centre for Socio-Legal Studies, where Professor Price was a fellow from 1991 to 1992. They each promise guest lecturers, field trips to London, and housing at St. Edmund Hall-the only ancient 01iginal hall of the early Oxford colleges, dat­ ing in part to the thirteenth century. According to Professor Price, "The collaboration between Cardozo and the Oxford Programme has yielded several positives: a special issue of Cardozo International and Compara-

SPRING 1998 1 1 in Assisted Procreation" at the Organisation der Weisberg Named Guggenheim Fellow Judischen A.rzte und Psy­ Just as Cardozo Life was going to press, the chologen; ''.An Introduction Guggenheim Foundation announced t hat Richard to Talmudic Jurisprudence" Weisberg won a Fellowship Award. He was the at Humboldt University; "Organ 'Transplants and only law professor so honored. Tissue Donation" at Berliner Studien zum Jiidischen Recht, Centrum

PROFESSIONAL HONORS hearing ''.Attorney Fees and Judai:cum; and "Human the Proposed Global Cloning: Moral Blessing or Paris Baldacci reports that Tobacco Settlement." Sub­ Immoral Curse?" also at he and Lela Love are work­ sequently, his views and Humboldt University. He ing with the Bar Associa­ opinions were quoted in 11ad articles published in tion of the City of New the New York Times, Wall the newly published Cunningham York's pilot housing court Street Journal, Washington anthologies Hazan Nahum, rate code in Aspen Law & mediation project to devel­ Post, ABA Journal, Los edited by Yaakov Elman Business. The recently op a project for New York Angeles Times, USA Today, and Jeffery S. Gurock; and published collection of City's housing courts. His and other pe1iodicals. In Jewish Law and the New Warren Buffett's letters to role is to develop legal March , he appeared on Reproduction 'Iechnologies, shareholders of Berkshire material for the mediators, ABC's 20/20 in a feature on edited by Emanuel Hathaway in the special provide them with legal tobacco litigation. Feldman and Joel B. issue of Cardozo Law training, and monitor their Wolowelsky. Review led to interviews in SPEECHES - PANELS - PAPERS performance. Love, who various media, including organized and presented Rabbi David Bleich deliv­ Larry Cunningham the Washington Post, the second training session, ered several speeches this published a piece on New Business Week, Money has developed protocol ·winter in Berlin, Germany, York's newly adopted Magazine, CNN, and The forms for the mediators. including "Moral Problems amendments to its corpo- News Hour with Jim Lehrer. Additionally, Baldacci, with assistance from interns from the Bet Tzedek Clinic, successfully represented an elderly and legally blind Elizabeth Clark man against New York City's Medicaid agency, Betsy Clark, who was a member of the full-time faculty from 1987 to 1990, died which was denying a reim­ on December 26, 1997, after a long and courageous struggle w ith ovarian can­ bursement for the man's cer. She resigned from Cardozo to teach at the University of Pennsylvania, then at eye surgery. The Appellate Harvard, and finally at Boston University, w here she remained until her death. Division, First Department, Professor Clark brought a passionat e and provocat ive spi rit to the classroom Supreme Court of the State that propelled students to think carefully about the details of legal doctrine and of New York, reaffirmed an perceptively about the contours of the val ues that shape legal doctrine. She was earlier decision invalidating an ambitious scholar whose interests ranged across the spectrum of t he law and a state regulation, and the legal history, and whose writ ings were laced w ith rare grace and intelligence. But client received over $9,000 for eye surgery. as remarkable as Professor Clark was in the classroom or in her writings, she was most arresting as a colleague and a friend. She had a warmth and a commitment In December, Lester to the moment that made interactions-from the mundane to the important­ Brickman testified before influent ial and memorable. These special gifts enabled her to touch the lives of the Subcommittee on many students and faculty during her brief years at Cardozo. Courts and Intellectual Property of the House Judiciary Committee at the

1 2 CARDOZO LIFE Ladders: Justifications and "Models of Judicial Review" Rationales." In November and "Constitutional he organized a round table, An1endm ent Provisions." "Media Law and Demo­ cratic Values in 'Itansition Jeanne Schroeder was a States," which was co­ panelist at the conference sponsored by Cardozo and "Law, Love & the European USAID and held at the Union," held at the Media Studies Center, European University where Professor Price is Institute, Florence, Italy. a fellow. Her paper, "Hegel's Slaves, Blackstone's Objects, and Michel Rosenfeld served Hohfeld's Ghosts: A as a panelist at several Comment on Thomas international conferences, Russell's Imagery of Slave Haile Schroeder speaking on the subjects of Auctions," was published in Minasse Haile published Regulation, edited with affirmative action and the Cardozo Law Review. "The New Ethiopian Stefaan Verhulst (Oxford delivery of justice in the Constitution: Its Impact University Press, India); US. In January he lectured Richard Weisberg reports Upon Unity, Human Rights, The V-Chip and the on comparative constitu­ that a French translation of and Development" in the Jurisprudence of Ratings tional law and legal philoso­ his book Vichy Law and the winter 1996 issue of Suffolk (Lawrence Earlbaurn phy at the University of Holocaust in France will be Transnational Law Review. Association, Inc., Pub­ Montpellier and the published this year. His arti­ lishers); and A Communica­ University of Barcelona. In cle "It's a Positivist, It's a Malvina Halberstam tions Cornucopia: Markle February he presented a Pragmatist, It's a Codifier: participated in the World Foundation Essays on paper, "Viewpoint Diversity Reflections on Nietzsche Zionist Congress in Infonnation Policy, edited in American Broadcasting," and Stendhal," originally Jerusalem. with Roger Noll (Brookings at the graduate faculty of published in Cardozo Law Institution). He participated the New School for Social Review, will be reprinted in Lela Love spoke this winter in the Aspen Institute con­ Research. In March he a book edited by Morris on mediation at the New ference "Public Interest in a taught at the ABA Central Dickstein and published by York County Lawyers' Digital Era," for which he and East European Law Duke University Press. Association, the 25th wrote two papers: "Red Initiative in Washington, Annual International Con­ Lion and the Constitution­ D.C., and gave lectures to Ellen Yaroshefsky gave ference of the Society of ality of Regulation: A members of the Albanian two speeches in January: Professionals in Dispute Conversation among the Con stitutional Drafting "Ethical Issues: Screening Resolution, the Annual Justices"; and "Hooks and Commission, entitled for Conflicts" at the New Conference of Metro New York State Bar Association Weisberg Herz York Society of Profes­ and "Ethical Issues in the sionals in Dispute Resolu­ Presentation of Psychiatric tion, Family and Divorce Tustimony" at the American Mediation Council of Academy of Psychiatry and Greater New York, the Law. Brooklyn Law School, and APPOINTMENTS Victim Services Brooklyn and Manhattan Mediation Michael Herz was promot­ programs. ed to Senior Associate Dean, a title that, according Monroe Price has three to Dean Verkuil, "reflects books scheduled to be pub­ his broad range of duties at lished this spring: Broadcast the Law School and my per­ Refonn in India: A Case sonal endorsement of his Study in Comparative Media many talents."

1 3 SPRING 1998

An Interview with Stephen J. Schulte

DAVIS: How did you first get involved with Cardozo? cochair of the new Friends committee-what would you SCHULTE: I first learned about Cardozo approximately 14 say Cardozo's greatest strengths are? years ago, when my wife, Patsy, left the New York City SCHULTE: I would start with the faculty, which has a Comptroller's Office, where she was deputy controller of national reputation among academics and the practicing finance, and announced to me that she wanted to go to bar. I have come to know a number of members of the law school. She applied to several law schools and was faculty and find them, collectively, an extrem ely posi­ accepted to them. tive, enthusiastic group-very supportive of the School. At that time, I was on the recruiting committee of my It is general knowledge that their individual academic firm and when she asked which school I thought she achievements are outstanding. Interestingly, Cardozo's should go to, I suggested a school other than Cardozo. faculty is also known for its teaching. It is obvious that However, I thought that before she made a decision, we they enjoy the classroom experience, which is extreme­ should speak with a good friend of ours who was a senior ly important in making for a great law school. professor at another law school here in the city. So we DAVIS: On the other hand, what do you feel needs the sat down with this person, who said, "Without question, most improvement at Cardozo? Patsy should go to Cardozo." We asked why, and he sairl, SCHULTE: Cardozo's main weakness is that it is only 21 "Because it is a school on the rise, fast-moving, with an years old. Therefore, there is not yet a broad network of outstanding intellectual faculty, and it will only be a graduates who can bring an awareness of the School's short time before Cardozo is considered among the very qualities to the firms, agencies, and other businesses top law schools." That did it; she chose Cardozo. with which graduates are associated. Only now are grad­ After Patsy graduated, I determined that I would like uates of the earliest classes getting to a point in their to try teaching. I prepared a course, and two law schools careers where they have hiring responsibilities. Because invited me to teach it-one of them Cardozo. This gave of its youth, Cardozo cannot benefit from the name me my first real opportunity to see the School and its recognition and general reputation that schools decades workings from the inside. After serving as an adjunct older enjoy. All this will correct itself in time. professor for some time, I was invited to become a mem­ The thing that can be corrected sooner is the physical ber of the Board of Directors. I am now a vice chairman plant. Cardozo is a much finer law school than is reflect­ of the Board. ed in its bricks and mortar. The stronger the physical

DAVIS: Given that you wear so many hats at Cardozo­ plant, including housing facilities, the easier it will be to professor, board member, spouse of an alum, and now recruit students, and the better the morale will be.

1 5 SPRING 1998 SCHULTE: When an institution builds a development pro­ gram, it must do so from the bottom up. It takes a long time to develop your graduates to a point where they understand the needs of their school. Combine that with the pride that comes from success, and graduates will come back and give-not only in a financial way, but in other respects: counseling students, participating in symposia, acting as mentors. Friends of Cardozo is a very important component of development-one of the essential building blocks. It is a means by which parents and others affiliated with students and graduates learn about the School and its programs, giving us feedback and ideas. It also provides an oppor­ tunity to develop their involvement and identify indi­ viduals vvi.th the interest and energy to support the School.

DAVIS: You and Patsy hosted a recent Friends of Cardozo event. Was it successful? SCHULTE : I think the event was a very good kick-off. In the course of talking with various parents, I was quite impressed to learn that some had traveled in from out­ side New York City; a few even came from out-of-state for this event. That's a pretty clear demonstration of interest in the School that their children are attending.

DAVIS: In this issue of Cardozo Life, we are featuring some of our adjunct professors. We have asked sev­ eral to tell us of a celebrated moment in their careers-either a case or a client or an event that stands out as a high point. Would you like to share one of these moments with us as well? SCHULTE : One of the most important lessons that I ever learned in the practice oflaw-and it applies to many other disciplines as well as to day-to-day interactions with people in our society-is to responsibility when you have not succeeded or Cardozo needs to raise a have made a mistake. I learned that lesson when I was lot of money to address that issue. an associate. I was working in a large law firm on a secu­ DAVIS: This brings me to the reorganization of the rities project with a senior partner. The two of us had Friends of Cardozo. You and your wife are cochairs of prepared a disclosure document and found, before it was this group, which I believe is composed primarily of par­ distributed but after it was printed, that we needed to ents of current students and has been put together to make a correction. help raise those funds. I sat in the partner's office as he called the client and

One of the hidden t goldmines of le t is Cardozo Law School.

1 6 CA RDOZO LI FE Friends of Cardozo is 0 a very important cg~: grt~~ edssen ti aI building blocks.

heard him say-obviously in response to the question, ple of years were primarily men. Now the mix has grown How can this have happened?- "Because we made a close to being equal between men and women. I'm very mistake. We take responsibility for that mistake and we pleased, because what this says to me is that women feel will conect it. I'm sorry." comfortable working in the commercial, financial, and That was a very important lesson for me that I have securities areas, and I think that is a good sign. t1ied to convey to associates and share with students. DAVIS: I understand that several Cardozo grads work at People respect people who step up and say, "That was Schulte Roth & Zabel. my fault, I'll conect it." SCHULTE: Quite franldy, I wish we could hire even more. I want to add something about which I am concerned At our law firm, almost 10 percent of the associates are regarding the legal profession. Its reputation is close to Cardozo graduates, a number of whom have been my being at its nadir. I think that attorneys, law schools, and former students. To me, one of the hidden goldmines of bar associations have a very important responsibility to talent is Cardozo Law School. Not only is the general cur­ emphasize ethics, morality, and responsibility to society, riculum very strong; areas of specialty provide students and to rebuild the reputation that the legal profession with an excellent basis for entering the practice. For once had. instance, the recent initiatives in Intellectual Property When I entered the law, I was very proud to say that are extremely exciting. In my area, the enhan cements I was an attorney. Today that statement no longer has brought to the corporate cun-iculum by The Heyman that special ring. I think the rehabilitation of th e profes­ Center are very impressive. By supplementing the core sion's reputation is critical, and I am committed to work­ curriculum with symposia, clinical programs, and ing with this law school as well as with th e practicing bar externship opportunities, Cardozo offers its students a in resunecting it. broad perspective on the practicalities of the law. There are a number of students here that our firm would be DAVIS: Can you tell me briefly what you cover in the very happy to have. course you teach, Initial Public Offerings? SCHULTE: As an associate, I did a lot of work in the area of DAVI S: This fall, the dean invited hiring partners from initial public offerings (IPOs). This was during an era major and midsize firms to a luncheon at which there when partners, by and large, did not explain to associates was general conversation about how to train law stu­ why they were doing certain tasks. Later, it was apparent dents better for the practice of law. I was curious as to to me that associates would be able to work more effec­ whether you thought law students were being trained tively and with more enthusiasm if they had an properly. overview of the project and understood the IPO process SCHULTE: That's an interesting and complicated issue. I better. As we were building our own law firm, we put a think over the years, there has been a certain tension short piece on IPOs into the in-house educational pro­ between the academic approach of faculties, where the gram. Then it occurred to me that this subject was a nat­ emphasis is on intellectual challenge and teaching a way ural for a larger seminar-the course I now teach. to think and to break down and analyze cases, and I begin from the point at which a company deter­ increasing pressure from the ABA to include clinics and mines it would lil

SPR I NG 1998 1 7 them the basics of the law-whether contracts, torts, had spent her career retammg and working with constitutional law, intellectual property, securities regu­ lawyers, and really wanted to understand the legal lation, or the like, you will lay the fo undation for good process better. Once she had her degree, however, she practitioners. decided that she did not want to invest seven or eight There is no question, however, that clinics, legal writ­ years as an associate in a law firm. ing, and other practical courses are critical to the devel­ opment of law students. They need to learn how to deal DAVIS: How do you see your role as a board member and vice chair of the Board? with day-to-day issues, including how to communicate and v-rrite. SCHULTE: An institution that is growing the way Cardozo is needs the direct involvement and investment of the DAVIS: Was Patsy's experience at Cardozo a favorable directors. The Board must focus on the School's needs: a one? capital campaign, improving the physical facilities, and SCHULTE: Patsy's experience was outstanding. Perhaps, in more scholarship money. The members must come to part, because she started law school as a more mature understand the School better; they cannot be passive. I person having business experience, she was very recep­ feel a responsibility to share with the Board what the tive to the course material. She really respected her pro­ ww School is all about; to be honest in its shortcomings fessors. as well as its strengths; to identify new people who can There was another aspect that we found interesting as become strong, involved directors-not necessarily well. We assumed that because Patsy was an experienced because they are going to give money but because they businesswoman, she could approach law school like a are going to be people who are farsighted and under­ nine-to-six job. We learned quickly that that was not the stand what it takes to build an institution and programs. way to get through law school if you wanted to do a good As one of the vice chairs, I feel a responsibility to take job. So I spent three years cooking dinner and acting as initiatives, with other board members, in all those areas. the social secretary. I was given a schedule that permit­ ted us to make, at most, two social commitments a week. DAV IS: Are there any events that stand out or a special We even spent some of our leisure time listening to a person who stands out in Cardozo's short history as par­ ticularly important to the School? substantial number of CLE-type tapes on civil procedure and the like. SCHULTE: Without doubt, there are a number of special people and events that come to mind, but rather than DAVIS: Does Patsy now work in commercial law also? single out particular individuals, I want to focus on one SCHULTE: Patsy graduated, studied for the bat~ b ecame­ event: the successful search for and hiring of a new like many students going through that process-ex­ dean. This is a critical pe1iod for Cardozo. It has the sup­ tremely nervous as to whether she was or wasn't going port of Yeshiva University. It has an outstanding faculty. to pass. I told her she had only one shot at it because I It has experienced an exciting period of growth in admis­ was not going to cook for another three months. For­ sions in the last few years. The Board recognizes the tunately, she passed. Then she promptly went into edu­ School's development needs and will soon announce a cation, joining a foundation that supports a model school capital campaign. All this would be of no avail if Cardozo in the City system. didn't have its new dean, Paul Verkuil, who, I have every I think her real objective in getting the law degree was reason to believe, will be able to unite the School's vari- to understand something about how lawyers think. She ous constituencies and efforts. •

I think that attorneys, law schools, and bar associations revsaver OllS ibi Iit p to emphasize ethics,Y morality, and responsibility to society ...

1 8 CARDOZO LI FE TheJacob Bums

Inst1 Legal Studies

Jonathan Kalstrom

h en Jacob Burns, the much take something beyond h is previous loved and dedicated chair- efforts-something that would strengthen man of Cardozo's Board of Di­ the institution and give it more national rectors, retired the post after weight. That project became the Jacob many years of service, one gift he received Burns Institute for Advanced Legal Studies, in recognition was unique and extremely which he call ed "the centerpiece of the personal. It was a leather-bound set of Benjamin N. Cardozo School of Law." Mr. essays-more than 1,000 pages-all pro­ Burns wrote of the eponymous Institute, duced under the auspices of the Jacob "It will be a principal method of encourag­ Burns Institute for Advanced-Legal Studies. ing th e research and scholarly mission of Th e Jacob Burns Institute for Advanced the Law School and assisting in obtaining Legal Studies is an important aspect oflife national recognition for the institution." at Cardozo and is little understood in terms The challenge for Cardozo in the 1980s of its origins, its aspirations, its major was to develop a signature for the newly accomplishments, and its links to the extra­ fo unded Law School. At the time, there was ordinary philanthropist who made it hap­ an effort among the faculty to try to deter­ pen. Mr. Burns was a member of Cardozo's mine how important ideas in philosophy Board of Directors from the day of its would affect the legal system, notes Prof. founding and chairman from 1986 to 1992. Monroe P1ice, who served as dean when Early on he created the Jacob Burns Jacob Bums was chairman of the Cardozo Scholars Program, designed to attract prom­ Board. A large number of permanent and ising students to the Law School, and gave visiting faculty members were dedicated funds for the Jacob Bums Medal to recog­ Hegelian scholars, writes Prof. David Gray nize the achievements of the Law School's Carlson in a 1993 paper on the Institute best students. In 1987, he wanted to under- published in Cardozo Law Review. They

1 9 included Drucilla Cornell, Arthur Jacobson, Michel Cardozo; and publish ed symposia proceedings in Rosenfeld, and Peter Tillers. So Carlson raised the idea of Cardozo Law Review. "These were instrumental contri­ organizing a symposium on Hegel and legal theory, and butions by the Jacob Burns Foundation in the work of the aforementioned scholars concurred. "Because of the this Law School, making us what we are today in terms tremendous success of the symposium, Mr. Burns elect­ of being an international presence in the field of legal ed to establish the Jacob Burns Institute for Advanced thought, 11 says Richard Weisberg, Walter Floersheimer Legal Studies," Carlson continues. Professor of Constitutional Law. "Everything that Jack Three people developed the idea for the Institute: Burns did was vital to the growth of the Law School. The Professor Price, former Yeshiva University Vice Presi­ Institute was th e crown jewel. 11 dent for Academic Affairs Egon Brenner, and Mr. Burns, The Institute, in fact, is novel in several ways. It is not who funded it with an endowment grant from th e Jacob limited to any particular viewpoint or discipline and gen­ Burns Foundation. The faculty has continued to define erously embraces a broad definition of legal theory, giv­ the Institute over the years through its individual inter­ ing quite a broad range of alternatives, explains Prof. ests and the symposia that blossom from those interests, Stewart Sterk, who currently chairs the committee that but its main focus is on legal theory and on supporting o.versees the Institute's finances. For example, this scholarship at its highest level. spring the Institute sponsored a workshop on music and Jacob Burns lived to see much of the fruits ofhis work legal theory and a symposium on the nondelegation doc­ with Cardozo: international symposia that helped put trin e that focused on the extent to which Congress may the Law School on the world map; important scholars delegate lawmaking responsibility to administrative such as Jacques Derrida and Niklas Luhmann visiting agencies.

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<""d VitzhcJk l c mir of lsrc £' "It really enables us to highlight major areas in legal theory across the spech1.1m, depending on the interests of individual members of the Cardozo community," Professor Sterk explains. "The Institute has made the Law School a recognized intellectual center and leader in legal theory largely by bringing here an amazing array of very famous scholars," says Professor Carlson. "One of the things that makes a great law school is a law review that is read and respected by scholars around the country," Professor Price notes. "The focus of the Jacob Burns Institute for Advanced Legal Studies and the Jacob Burns (1902 -1993) conferences it has held meant that for the last 10 years or so Cardozo Law Review has been home for many dis­ Jacob Burns was a prominent New York attorney specializing in tinguished symposia and articles by great scholars." corporate law and estates and trusts. He was a philanthropist, This year, "The Holocaust: Moral and Legal Issues a painter, and a corporate leader. He was a founder and, for Unresolved, 50 Years Later" was sponsored by the Insti­ several years, chairman of the board of U.S. Vitamin and tute in conjunction with the World Jewish Congress. The Pharmaceutical Corp., a public company that merged with proceedings are to be published in Cardozo Law Review. Revlon, Inc. in 1966. Mr. Burns was a member of the Revlon Organized by Prof. Malvina Halberstam and Israel Sin­ board of directors from 1966 to 1985. ger, secretary-general of the World Jewish Congress, the At Yeshiva University, Mr. Burns served on the Board of conference featured distinguished participants who are Trustees and was a founding director of the Sy Syms School of involved on the front lines with issues that have made Business. He was a member of the Cardozo Board of Directors international news: confiscated Jewish property, Swiss from 1976 until his death in 1993 and was chairman from 1986 bank accounts, the future of Au$chwitz, and the role of to 1992. In 1984, Yeshiva conferred upon him the honorary so-called neutral states. These and other topics were dis­ degree of Doctor of Humane Letters. cussed by academics, clerics, and government officials In 1970, Mr. Burns received an honorary Doctor of Laws from Europe, Israel, South America, and the US. Th e degree from George Washington University, from which he had international news media covered the conference, and graduated in 1924. He was a member of the Order of the Coif organizations and government agencies have requested for more than six decades. At George Washington, he was a individual papers as well as copies of the published pro­ trustee for many years and a member of the board of directors ceedings. of the George Washington Law Association, which presented The smaller interdisciplinary workshop, "Modes of him with its Distinguished Alumnus Award in 1975. He also Law: Music and Legal Theory," cosponsored by the Insti­ received the Alumni Achievement Award in 1983 from the tute and the New School's Mannes College of Music in university's General Alumni Association. April, brought together music scholars and legal scholars In the legal field, he was vice chairman of the Committee on from the US, Australia, Canada, and the United King­ Character and Fitness of the Appellate Division of the Supreme dom. These proceedings, too, will be published in .:in Court of the State of New York, first Judicial Department. For issue of Cardozo Law Review, and possibly in a book. many years, he was a director of the New York County Lawyers' Symposium topics from previous years cover an Association, which awarded him its Medal for Conspicuous equally broad spectrum: "The Legal Theory of Jurgen Service. He was chairman of the Joint Coordinating Committee Habermas," a symposium that was published in 1994, on Discipline of the Association of the Bar of the City of New appeared simultaneously with the publication of the York and a member of the House of Delegates of the New York English translation of Habermas's book on law; the 1995 State Bar Association. "Bondage, Freedom and the Constitution: The New In addition to his involvement with Yeshiva and George Slavery Scholarship and Its Impact on Law and Legal Washington Universities, Mr. Burns was a philanthropic leader in Historiography" was published in two volumes of a broad spectrum of institutions that promoted the advancement Cardozo Law Review, and "Justices at Work: An Inter­ of learning and the arts, including the Metropolitan Opera national Exchange" was also held in 1995 and published Association, Thirteen-WNET-1V, and Hillel: The Foundation for subsequently. Jewish Campus Life. The Jacob Burns Foundation, which he The Institute is known to break ground on significant founded, continues his legacy. issues. "If you look at the speakers and the variety of issues featured in the Law and Humanism Speaker

SPRING 1998 21 Series, you'll see that we're very much at the cutting at Cardozo, or events that will be published in Cardozo edge," Professor Sterk says. Recent speakers have includ­ Law Review. But there have been instances where it has ed: J.H. Baker, professor of English legal history at helped individual faculty members with a project, Pro­ Cambridge University; political science professor fessor Sterk says. For instance, the Institute thought it Shlomo Avineri of The Hebrew University; Justice was important to provide funds for the translation from Noelle Lenoir of the French Constitutional Court; Prof. English to French of Richard Weisberg's well-received Nicholas Luhmann of Brelefeld University in Germany; and important book Vichy Law and the Holocaust in and Stanley Fish, professor of English and law at Duke France. University. As for future direction, the Jacob Burns Institute for The Institute also supports Cardozo Studies in Law and Advanced Legal Studies is prepared to follow members Literature, the first professionally edited journal created of the Cardozo community as their interests and trends to address the growing interest among storytellers, liter­ in legal scholarship and legal inquiry change, says ary scholars, lawyers, and judges in the relationship Professor Sterk. "Whenever a scholar identifies an impor- tant area for study, we're willing to con­ sider funding it." "The Institute has made the Mr. Burns was extremely charitable; he also supported George Washington Law School a recognized intellectual University Law School, his alma mater (1924), and contributed funds to estab­ lish the Jacob Burns Law Library at that center and leader in legal theory institution. At Yeshiva University, Mr. Burns was a trustee and a fo unding largely by bringing here an amazing director of the Sy Syms School of Business. "When it was brought to his array of very famous scholars. 11 attention that Cardozo was being estab­ lished and needed support, my grand- father felt that he wished to focus his between law and literature. CSLL, published semiannu­ attention there because of his own background as a ally, is in its tenth year and explores legal themes in fic­ lavvyer," says Barry Shenkman, president of the Jacob tion, ranging from the classics to contempora1y litera­ Burns Foundation and Mr. Burns's grandson. ture. Topics have included: censorship; narrative, her­ Mr. Burns became a champion of Cardozo's unique meneutics, and style; human rights in literature; judicial curriculum, which blends practical experience and theo­ biography; and new works by celebrated as well as ry with a broad spectrum of innovative programs and emerging authors whose interests include a vision oflaw courses. In a 1991 testimony to Jacob Burns, Yeshiva and society. CSLL has published works by such play­ University President Norman Lamm wrote, "Carl wrights as Barrie Stavis and Benjamin Fondane, as well Sandburg once desc1ibed [Abraham] Lincoln as 'steel as numerous essays. "Jacob Burns Foundation grants wrapped in velvet.' That is an apt characterization of were essential in getting CSLL launched and in support­ Jack Burns. Soft-spoken, gentle, almost self-effacing in ing us over the years," says Professor Weisberg, general demeanor, he is hard-headed, clear-eyed, persistent, and editor. powerful in the discharge of his responsibilities to "One importan t aspect of the Institute is that it pro­ Cardozo." vides every member of the Cardozo faculty with the "My grandfather was a leader," Mr. Shenkman ob­ opportunity of financial support for projects that will serves. "And he was very good at managing the Law advance legal knowledge," Professor Sterk explains. School. He not only gave funds, but when he was chair­ "The Jacob Burns Institute has enabled me to orga­ man, he was on the phone for hours every day with the nize three conferences here in the last 10 years," Carlson School, looking over its budget, taking an active role." He says. The first was "Hegel and Legal Theory"; the second was very interested in seeing the Law School succeed was "Deconstruction and the Possibility of Justice," in and become prominent, says Mr. Shenkman. "He which Jacques Derrida presented a paper that was first thought that these scholarly endeavors would help estab- published in Cardozo Law Review and has since become lish Cardozo, and he was right." very well known; and the third was "Law and the Post­ • Modern Mind," on psychoanalytic theory. JONATHAN ICALSTROM is a writer who contributes fre­ The Institute generally looks to sponsor major events quently to law school magazines.

22 CARDOZO LIFE Not just any Immigration Case

Leon Wildes represented John Lennon and Yoko Ono from 1972 through 1976 and secured lawful permanent residence for them, despite much contrary legal author­ ity, Lennon v. United States 527 F. 2nd 187 (1975). Each year, Professor WIides has students in his Immigration Law class study the case, and at the end of the semester, he delivers a lecture that contains many per­ sonal anecdotes. The following article comes from one of those lectures.

Professor Leon Wildes Partner, Wildes & Weinberg received a call in mid-January 1972 from Alan Kahn, States to find and get custody of her nine-year-old daugh­ who had been a classmate of mine at law school. He ter, Kyoko, from a previous marriage (to Tony Cox, an was house counsel to Apple Records-the recording American citizen). She had sought the girl for some time company used by the Beatles and John Lennon. and had twice been on the verge of receiving court I Kahn said, "Leon, I think that you'll have a very orders awarding her custody, only to have Cox abscond interesting day if you have some time. We have real with Kyoko each time. heavyweights here, John Lennon and his wife, Yoko She also found time to tell me that she was a rather Ono, who have some immigration problems, and I well known con ceptual artist-"con" art, it was called at thought of calling you." What he didn't tell me was that the time. It seemed important to her to get across to me he probably had called a number of other immigration that she was somebody. Maybe that was a result of her lawyers, because when I met John Lennon and Yoko living in the shadow of a very important person. Ono later that day, their questions were so informed that John emerged from the bedroom. He was fidgety and it was quite clear that I wasn't the first lawyer being con­ nervous, but warm and nice at the same time. He sulted. brewed tea for us all and started telling me his story. I'm embarrassed to say that I said, "Alan, tell me, who is John Lennon?" The Case He said, "Leon, never admit that you asked me that question." e said that he had come to the United States On the way down to the Lennons' Village apartment, on a waiver of inadmissibility, which was he showed me a 1968 Certificate of Conviction issued by available for temporary trips. He cited the a British court, in which Lennon was convicted of pos­ humanitarian reason of accompanying his session of cannabis resin. I had no idea what cannabis wife to testify in the custody proceedings for resin was. H Kyoko. He also told me of his conviction for possessing We arrived at a quaint apartment on Jane Street. In marijuana. He said, "The first thing I want you to know, the back was a kitchenette, beyond which was a door Leon, is that I didn't do anything wrong. I had no drugs leading into a bedroom, which I later learned was two in my possession. The police planted them on me just as stories high and was furnished with a huge TV set that they planted them on Mick and George." I was supposed was on all the time, with the sound turned off. Most of to know who Mick and George were. the Lennons' business was done in and around that great He also told me that he had been tipped off that the big bed. There I was to meet many of their newfound police were going to raid the apartment where he was American friends. staying, although he hadn't known exactly when. He had Yoko was the first to emerge-a diminutive woman, cleaned the apartment, which belonged to some other obviously very bright-and she started telling me her sit­ musicians, and was not on drugs at the time and did not uation. She explained that she had come to the United have any around, so he felt at ease. When the police did come, they broke the door in and charged John with possession of cannabis and obstructing justice. Obstructing justice, he explained to me, was "trying to get your trousers on so you can get to the door." He didn't get there fast enough, and they believed that he was using the time to hide something. They came witl1 the dogs-and also with the drugs-conducted their search, and arrested everybody. John was advised by his counsel to plead guilty to possession of cannabis and pay the fine. I said, "Just a moment. You were told to plead guilty?" He said, "That's what they told me, and I had good counsel. Of course, Leon, lawyers always give you the 1ight advice, right?" I registered that, although he obviously had told th e lawyer he wasn't guilty of anything,

CARDOZO LIFE Later, I uncovered documents, under the Freedom of Information Act, that showed that Lennon was being selectively prosecuted for political purposes by the Nixon administration.

the lav.ryer had told him to plead guilty. Perhaps there unable to get residence. First of all, I see a question with was something unusual about the British statute. respect to the substance that you were convicted of pos­ I asked, "What is cannabis?" sessing. It's possible that you might not have even need­ He replied, "Cannabis is a plant." ed a waiver of inadmissibility to come in temporarily. Then I asked, "What is cannabis resin?" .The statute says that 'narcotic drugs or marijuana' con- "Oh," he said, "that's hash." victions cannot be overcome. Your conviction was for "Is that marijuana?" hash, which is not marijuana or a narcotic. Second, "Oh no," he said, "much better than ma1ijuana!" there's something about this statute in England under I recalled some criminal cases in which people were which you were convicted that rubs me the wrong way. charged with possession of one drug and succeeded in I can't understand why a top criminal attorney in getting the indictments dismissed because they were England advised you to plead guilty." I also saw the actually in possession of another. There was, to my Uniform Rehabilitation Act as having potential for a new mind, some distinction between the two, and I kept that determination because it was a new statute, and there fact in the back of my mind. would not yet have been a determination under Finally, he said, "You know, they're passing a new law American law. Eventually, these were the points that I in England now, the Uniform Rehabilitation of Offenders cited in the Court of Appeals some five years later, when Act, which says that if five years go by without a recon­ Chief Judge Irving R. Kaufman ruled that the conviction viction for the same type of offense, that's it! They erase need not be recognized under US immigration law and the conviction for British purposes." He was referring to ordered the Immigration and Naturalization Service a legislative removal of a conviction, but I realized that (INS) to adjudicate Lennon's residence case without con­ such a removal does not generally have the same effect sidering the conviction. under US immigration Jaw. However, there was little law on the subject, and the issue could be an interesting one. The Leg aI Strategy After hearing John's and Yoko's stories, I knew that they really weren't asking for too much. Yoko said that explained to the Lennons how I would handle theh they were trying to stay for just a couple of more Icase . "If you are as important as everybody says you months, but would require an extension to do so. They are, I may be able to put the government in a very had less than two weeks before they would have to leave embarrassing public posture. I could file two petitions, the country or face deportation. one for each of you, as 'outstanding persons in the arts I said, "If all you're looking for is more time to stay or sciences whose presence in the United States is and search for Kyoko-and I've never seen a more com­ deemed by the Attorney General to be in the national pelling reason for an extension than having two child in terest: The government might have to approve these custody cases pending and trying to locate your own petitions." Yoko smiled immediately. child-I would be happy to look over the extension I continued, "Then I would apply for residence for papers. I'm quite certain we can get you a couple of both of you. Let the government deny John's case and months." grant Yoko's-since there seems to be no reason to deny Then John said, "But Leon, that's all I can hope for. I her application. This would place the government in the understand that I can never become a US resident, and uncomfortable position, perhaps, of forcing you, Yoko, if they deport me, I can never come back. That's what to choose to stay here with your child or go back to happens when the charge is being deportable for con­ England with your husband. They're not going to look viction of a drug offense." He seemed to be repeating good doing that. Now, if all you need is a temporary advice received from other lawyers. extension , you don't need me. Mr. Kahn can have me I said, "John, I'm not absolutely sure that you are review any extension application he drafts."

SPRING 1998 25

All of a sudden, the atmosphere in the room changed. against the deportation proceedings, pending adjudica­ And I will never forget that m oment : they looked at each tion of the two filed petitions. The preliminary injunc­ other and said in unison, "We need you!" That's when I tion was granted and a court hearing scheduled. knew I was being retained. From that point on, life was changed for me. I went Deportation as a Political Strategy down to see the INS district director, Sol Marks, and asked him about an extension application. I had known y the hearing date, I had still received no Sol for over 20 years. We commuted on the train togeth­ opposing affidavits from the government. It er in the summers and he would solve half my immi­ was strange, because in my affidavit requesting gration problems on the trip . He is a very knowledge­ the injunction, I alleged that there was a gov­ able, capable man who had been with the Service for 38 ernment conspiracy to remove Lennon for Bpolitical reasons . years. He caned me the next day and said, "Leon , because Later, I uncovered documents, under the Freedom of it's you, you can get a one-month extension. Don't ask Information Act, that showed that Lennon was being me any questions. These people will never get anoth er selectively prosecuted for political purposes by the extension" (in haec verba- that's what he told me). "And Nixon administration. A memo dated February 4, 1972, Leon, tel1 them to get out. " was forwarded to former Attorney General John Mitchen I went back to Jane Street, wh ere I soon would and Bin Timmons of the White House by Sen . Strom become a frequent visitor. I practiced immigration law in Thurmond, describing Lennon as a threat to the US gov­ my own office from 9 a.m . to 5 p.m . The Lennons would ernment and the reelection campaign of Richard Nixon get up at 9 p.m . and stay up until dawn , often at the re­ because of Lennon's affiliations with members of the cording studio. I would go to their apartment after dinner Radical Left, which was then trying to stimulate voter to meet witnesses and go through papers, and, if I need­ registration of 18-year-olds. The presidential election in ed a secretary, they would have somebody available. 1972 was the first one in which 18-year-olds could vote, We decided to fil e two outstanding-artist petitions. making 18- to 20-year-olds a very important constituen­ We started contacting people for reference letters. By cy. I also uncovered a memo in which Marks is advised simply mentioning my clients' names, I could get by Washington to deny an applications, to revoke the through to nearly everyone. Yoko said she would be Lennons' voluntary departure privilege, and to schedule happy to get letters from Andy Warhol, Clive Barnes, the deportation hearing for March 16, 1972-strong evi­ Jasper Johns, Stanley Kubrick, Elia Kazan, Claes dence of prejudgment of the case for political purposes. Oldenburg, Leonard Bernstein, and Virgil Thomson . If At the hearing, Judge Whitman Knapp called both you're a conector of signatures, you would have valued counsels forward and said that the United States my files at a million donars! Attorney had received a can from Sol Marks saying that I completed two magnificent applications and told Sol he would adjudicate the papers that day. The judge said, Marks that we were filing outstanding-artist petitions "You know I can't order him to either approve or deny. and that my clients had no intention ofleaving the coun­ He still has discretion to rule on these petitions." I was try. His immediate response was a letter enclosing satisfied, and my suspicions of a government conspiracy Orders to Show Cause commencing deportation pro­ were confirm ed by the fact that the INS did not file affi­ ceedings. davits in opposition to my claim of a government con­ After filing the petitions, I received no adjudication. spiracy to remove Lennon. Two months later, under th e Freedom of Information However, I said that I was unwilling to release th e Act, I asked for permission to see all the government's injunction against the deportation proceeding until "I files on Lennon. I appeared at INS one day, and found a see the decisions and until you, Your Honor, and I have table fun of files for my review, but my petitions were original approvals or denials. At least with a denial, I not there. I sme11ed a rat and began to make a lot of noise know what my remedies are." The judge agreed, and I for a very quiet lawyer. The petitions finany showed up got another adjournment of the deportation case. Later in a sealed manila envelope-totally untouched. that day, both petitions were finally approved. John and I knew that if I didn't have an adjudication of those Yoko had been declared "outstanding artists whose pres­ two petitions, I would not be able to apply for residence ence in the US was, in th e opinion of the Attorney for my clients at the deportation hearing, which was General, prospectively beneficial to the national cul­ coming up in a few days. So for the first of four occasions ture"! It was truly ironic, because Attorney General in this one case, I filed suit in Federal District Court for Mitchell was one of th e parties most active in attempting mandamus along with an application for an injunction to deport John Lennon.

SPR I NG 1 998 2 7 Lennon immediately grabbed a handkerchief from his pocket, dropped down on his knees, and started shining Schiano's shoes!

They could now apply for permanent resident status At another hearing, I needed to prove that cannabis in their deportation proceeding. Even though the gov­ resin was not marijuana. I was told by my friend Alan ernment thought that it would look bad denying those Dershowitz that Dr. Lester Grinspoon of Harvard petitions, it still believed that it could proceed with Medical School was one of the best doctors in the coun­ deportation because in its estimation, no one with a drug t:ry and an expert on marijuana. I called Dr. Grinspoon conviction could qualify for permanent residence. If I and asked, "Is cannabis resin marijuana or what?" could prove otherwise, I would be creating an unbeliev­ "Oh," he said, "cannabis resin is not marijuana. It's able precedent. hashish!" "Dr. Grinspoon, name your fee. I need your testimony." The Hearings He said, "I'm very sorry. You can cite my book, but I don't testify any more." y clients, like all clients, were very ner­ I was very disappointed, and tried to reach some vous about hearings. They didn't know other doctors. Then I got a call from Dr. Grinspoon. "Mr. what to wear; they were afraid to testify; Wildes, I haven't testified in years, but I have a special they were afraid of all the tricks the INS personal situation. I have a 12-year-old son who has ter­ Mwas capable of pulling. minal leukemia. Since we first spoke, I found out that he Preparing for our first hearing in the deportation case, idolizes John Lennon. If you can get me some things called my opposing counsel, Vinnie Schiano at the autographed by John Lennon, I will be happy to testify Immigration Service, and told him how nervous John at my usual rates." and Yoko were. He said, "Bring them up to my office, and I promptly left my office and bought lots of Lennon we'll calm them down before we go into the hearing." paraphernalia and had John autograph it all. I met Dr. They were soon very much at ease in the prosecuting Grinspoon the next evening at the Plaza Hotel with the attorney's office, for he was quite an expert on Beatles whole pile of autographed stuff in anticipation of his tes­ music. Soon Vinnie whispered to me, "Leon, I don't timony. think they realize that I'm the prosecuting lawyer." I The immigration judge allowed the testimony even said, "John, Yoko, it's time to go into the hearing now, though it was not customary in deportation proceedings, and you can feel relaxed because Vinnie here, he's the because Grinspoon was obviously such an important prosecuting lawye1~" Lennon immediately grabbed a physician. handkerchief from his pocket, dropped down on his knees, and started shining Schiano's shoes! It became my practice to choose their clothing for all Working the Press court appearances. For one hearing, I got to their apart­ 1e case continued, hearing after hearing after ment at 6:30 a.m. and asked them: 11W11at clothes do you hearing. Nearly every night, I'd meet ,vith the have that look alike?" It took us a little while, but they both Lennons at their apartment or recording stu­ had black suits, black ties, and white shirts. I dressed dio, the Record Plant, to work on the case. I was them up like two matching dolls and I said, "I want you about Yoko's age, 42, and I bought my first pair to hold hands in the courtroom. I don't care who tells T of jeans and let my hair grow. John Lennon bought an you not to do so. Sit together on one side of the table and "immigration suit" - it looked something like what I'm don't budge. I'll sit on the other side of the table. If they wearing now-and got a shorter haircut. say something about separating you , I want to see the In March 1973, Immigration Judge Ira Fieldsteel saddest faces you can make." We survived the govern­ finally reached a decision in the case. I got a call from ment's motion to sever the two deportation cases and try my old friend Sol Marks, who said, "Leon, I'm having a them seperately; their cases were to be tried together. press conference at which the decision will be read.

28 CARDOZO LIFE We're inviting you and Mr. Schiano, the prosecuting stop the proceedings for just a moment. They took out attorney, to be there and commen t on the decision." In tissues and started waving them, and declared in unison his 38 years with INS, Sol Marks had never held a press that they were hereby declaring the state of "Nutopia," a conference. Did he know something that I didn't? state with no borders, no laws, no exclusionary proceed­ Needless to say, I didn't trust the district director as ings, no deportation proceedings, and no immigration much as I once had. I called my clients and asked them lawyers! (I wasn't so sure that I was happy about the last to round up journalists from the music and underground part of the declaration.) press. I wanted to feed each friendly reporter a question Today, if you visit Yoko at the Dakota, you will see a to be asked of Sol Marks at his press conference. sign on the back entrance to her apartment that reads, For the press conference, John and Yoko sent Sol a big "Embassy of the State of'Nutopia:" bouquet of yellow roses. He was never so flustered. Nobody had ever sent this guy roses! All my new friends Federal Court Times Four from Rolling Stone and the other journalists started ask­ ing their questions. i=:::;=::lh·is case took me to federal court on four occa­ The decision of the immigration judge was an­ sions, during the five-year pe1iod of its litiga­ nounced. Yoko was granted permanent-resident status, tion. The first lawsuit (Lennon v. Marks, 1972) and John's application was denied because of his con­ resulted in securing the approval of the viction . Lennons as "outstanding a1iists." "Mr. Marks, did you have to bring this deportation pro­ The second (Lennon v. Richardson, 73 Civ 4476, 1973) ceeding?" "Oh yes. I'm required by law to do it." "Is there was under the Freedom of Information Act, in which I a procedure by which you might have avoided doing so, had requested documentation nelating to the "non-prior­ called the 'non-priority' program?" "No, there's no such ity program," a humanitarian program that was not a procedure." "Were you told or encouraged by Washington part of the statute or regulations, and simply a matter of to do this for any political reason ?" "Oh no, it was my secret law. In discovery proceedings, I was successful in own idea." He lied through his teeth! When I examined learning about the existence of the program, by which him in a federal court deposition, he admitted that his aliens who were fully deportable-including those with answers to those questions were untruthful. multiple convictions for serious drug offenses, m urder, Later that week, we held our own press conference and rape-were nevertheless permitted to remain in this because it was time to file our appeal to the Board of country because of extreme hardship. As a result of the Immigration Appeals (BIA). I arranged for it to be held suit, I was successful in obtaining such "non-priority" sta­ at the Association of the Bar of the City of New York. tus for John Lennon , and the program was made avail­ Many high-profile people from the arts spoke. I gave a able to other aliens who might wish to apply. presentation on the law, what had been going on, and The third Federal District Court action (Lennon v. what we knew. United States, 73 Civ 4543, 1973) was the one in which I John and Yoko, full of surprises, as ever, asked m e to sued Attorney General Mitchell, Assistant Attorney General Kleindienst, Immigration Com­ missioner Farrell, District Director Marks, and others, alleging selective prosecution. Finally, I appealed the Deportation Order to the Board of Immigration Appeals and argued Lennon's case in Washington. The BIA affirmed the Deportation Order and I appealed their decision to the US Court of Appeals (Lennon v. United States 527 F 2nd 187, 1975). About two weeks before the Court of Appeals entered its decision, reversing the

Prof. Wildes and his son, Michael Wildes '89, a partner at Wildes & Weinberg, recently reviewed original documents from the case Lennon v. United States.

29 have been trying to get this case7 Do you know why we stuck with you7 You're the best immigration lawyer in the world. You're the only lav1ryer I understand and the on]y lawyer my wife is crazy about. You know, Yoko fires 1av1ryers al1 the time. We a]so stayed with you because her tarot-card reader said 'Stay with Leon. He's going to win the case for you: 11 To which I replied, "Thank God for tarot­ card readers." My wife and I didn't get home until about 2 a.m., and I was blea1y. It was about 5:30 a.m. when the phone rang and the voice on the other end said, "This is John." I was half asleep and asked, "John who?" "John Lennon, and I have a beautiful BIA decision to deport Lennon, we won our application boy!" He said it just the way he wrote it in his song, for "non-priority" classification, so that John would be "Beautiful Boy," which is one of my favorite Lennon permitted to remain in the United States, even without songs. We had b ecome very dose, and although he was­ obtaining permanent residence. We went to federal court n't my normal kind of friend, and I wasn't his normal four times, winning each case on the basis of a strategy kind of friend, we had a very warm relationship. conceived at my first meeting with John and Yoko more The next day, I went to buy John a present. It was his than five years earlier. birthday. It was also his child's birthday. He had just becom e a father. He had won his case. He wou]d have Lennon Gets His Green Card his final hearing, get a green card, and be able to travel and perform again! He would be free again. ou can imagine my feeling after five years of I stopped at Mark Cross, not far from my office. What almost daily work on this case. I called John do you get for John Lennon? As I walked into the store, and said, "John, you remember I told you I saw in the showcase a passport cover emblazoned with we're probably not going to win this case, but the great seal of the United States. "I'll have that passport Y that we might survive long enough for the case," I said. Jaw to be changed? I'm now cal1ing to tell you that we Some time later, I visited John and Yoko-they had actua11y won it!" Lennon was astonished: "Leon, what do moved from Jane Street to the fancier Dakota. I was you mean, won? Yoko is in the hospital about to give waiting for them in their magnificent Jiving room, where birth , and tomorrow is my birthday, and now you te11 me the furniture and carpeting are all white, as is the grand we won?! Please stay at your desk, and Yoko will ca11 you piano. When John and Yoko came in, I was at the piano when I get to New York Hospital and you can explain it playing a "beginner" piano song that I had recently a11 to her." learned from my kids' piano teacher. I had been explaining things to Yoko all along. She John said, "Leon, I didn't think you knew how to play was my ve1itable co-counsel in the case. She understood the piano. You know, I don't know how to play. All I can every nuance of every case I ever cited. John was bri1- do is pick out chords." 1iant; but when it came to these technical things, he I answered, "I wouldn't feel too badly about it-you're relied upon Yoko completely. doing fine. 11 Yoko ca11ed and said, "Oh, that's wonderful, Leon! When Yoko walked in, John turned to her and said, Why don't you and your wife come over to the hospital "When Sean gets old enough to learn how to play the as soon as you get the actual decision, and we'l1 read it piano, I'm going to ta1<::e lessons, too, just like Leon." together." She was interested in every word. Can you imagine, if that beautiful man had Jived We went to the hospital and spent about two and a more than five years after he had gotten his green card, ha]f hours th ere. They were elated. After asking Yoko's what magnificent m usic he wou]d have continued to permission, John final1y said, "Leon, did you know that bless us with? all this time big lawyers like Edward Bennett Williams Just imagine! •

3 0 CARDOZO LIFE MEMBERS OF THE ADJUNCT FACULTY SHARE

Cee rate Moment Cardozo is extremely proud of its adjunct

faculty. Working on the front lines in a vari­

ety of areas of the law, members of the

adjunct faculty bring expertise to the class­

room that benefits students and faculty

alike. Cardozo Life invited several members

of the adjunct faculty to tell a story of an

event or case that made a difference in their

careers: to share a celebrated moment.

• Prosecutorial Discretion: Yea or Nay? Make no mistake. Despite the jury's verdict, the guy did it. I believed it then and I believe it now. He stood as BARUCH WEISS, Assistant us Attorney, us Attorney's a lookout while his cousin sold a relatively small amount Office for the Southern District of New York of counterfeit money to a willing buyer. Unfortunately World Trade Center, Don King, Latin Kings, Wall Street for the two of them, the buyer turned out to be an under­ insider trading, Manila Air bombing-these are the types cover Secret Service agen t. The cousin, who actually of cases that come to mind when one thinks about serv­ made the hand-to-hand sale, had little choice and even­ ing as a prosecutor at the United States Attorney's office. tually pleaded guilty. The defendant, however, had sim­ Having spent over 13 years with th e office, I've enjoyed ply stood at a distance. Because he was only the lookout, working on my share of some of the office's high-public­ he had had no contact with the agent and had not been ity cases. tape-recorded. The case against him was a difficult one One of the more meaningful experiences I had, how­ to prove. ever, was not a high-profile fe lony case, but the only Still, we knew the details of the defendant's involve­ misdemeanor case I have tried while at the office. A case ment from his cousin's confession after the arrest. His that I lost. Yet it was this case-maybe more than any cousin told us that he was late for his rendezvous with other case in the office-that made m e proud to be an the buyer and hailed a gypsy cab. Purely by chance, the Assistant United States Attorney. defendant, a neighborhood gypsy-cab driver, turned out

SPRING 1998 3 1 to be the cab driver. The • "Employees Shall Have the Right to .. " defendant learned of the DANIEL SILVERMAN, Regional Director, New York Office, impending sale while dri­ National Labor Relations Board ving his cousin to the sale, and, when his cousin My 30 years with the National Labor Relations Board, the asked if he would stand last 17 as regional director of its New York office, have watch, he agreed. had some exciting moments. The massive publicity sur­ The defendant was rounding our suit for the injunction that ended the base­ arrested for aiding and ball strilrn as well as our decisions in the election case , abetting the sale of coun­ brought by Michael Jordan, Patrick Ewing, and others to terfeit US currency. Dur­ decertify the union in basketball demonstrated the con­ ing plea discussions, his tinuing relevance of labor law to our society. But per­ legal-aid lawyer requested a deferred prosecution, i.e., haps my most rewarding experience occurred many dismissal of the charges after a year if the defendant years ago when I was a young lavvyer assigned to the stayed out of trouble. I countered with an offer of a mis­ Pittsburgh regional office of the Labor Board. demeanor. Not that I knew of an appropriate misde­ Returning to counsel's table after finishing my cross­ meanor; virtually all the counterfeit statutes are felonies. examination of a production-line supervisor of a pants But I figured that, after all, he was not the primary play­ factory in a small town in West Virginia, I felt things had er, and the sum of money was not large. We would find gone reasonably well. Confirmation came when one of some applicable provision. the employees involved leaned over and whispered in ,a The defendant refused the offer. I told his lawyer that manner so as not to disturb the ongoing proceedings, his refusal meant the defendant would be prosecuted for "Mr. Silverman, it doesn't matter if we win or lose; what a felony. I was sure that the added pressure would you did to that supervisor makes it all worthwhile." ensure a deal. To my surprise, the defendant again Here I was, four years out oflaw school, representing refused. Now I was in a quandary. Even though he had the General Counsel of the National Labor Relations refused to plead guilty, in my view he didn't really de­ Board in trying to discredit the supervisor's denials of serve a felony. But I had threatened him with the felony threats of retaliation against employees for expressing in order to get the misdemeanor plea that I thought was support for a union. I was able to establish that she con­ appropriate. I had to make good on the threat. sidered herself a supportive supervisor and friend to the I couldn't do it. He had no record and deserved a mis­ employees, had worked regularly with them for eight demeanor, not a felony. So I swallowed my pride and hours a day over the past several years, and paid close advised his somewhat surprised attorney that we would attention to everything that happened at her station. go to trial on a misdemeanor if she could find an appro­ Although there was an active union campaign going on p1iate one. That wasn 't easy. She found nothing. I even­ all around her, she testified on cross-examination that tually charged him under an obscure, seldom-used she never heard anything about the union and never dis­ statute, which seemed designed more for vending­ cussed the union with any employee or other supervisor machine slugs than for counterfeit money. In exchange or manager. Her demeanor clearly showed that she was for proceeding on the misdemeanor, his attorney infor­ very uncomfortable with her testimony mally assured me that she would not challenge the and wanted, more than any­ statute's applicability on appeal if the defendant were thing else in the world at convicted. that moment, just to get So we went to trial. The jury, of course, was not told off that stand. When whether the charge was a felony or misdemeanor. she stepped down, Ironically, I think the jurors assumed that the charge­ the company lawyer this was federal court, after all-was a felony, and acquit­ argued that even if ted him, at least in part, because they felt, as I did, that her denials of state­ a felony was too harsh. ments of dire conse­ It didn't matter. Prosecutorial discretion, so often crit­ quences of unioniza­ icized by the defense bar, had yielded the right charging tion were not credit­ decision when the law might have led to a more uncom­ ed, the threats reflect­ promising result. A guilty defendant was acquitted, and ed her personal opinion I felt pretty good about the whole thing. It was a good and should not be attrib­ day to be a prosecutor. uted to higher management.

32 CARDOZO LIFE I recall feeling at the time that after years of studying provision, Section 7, which gives the Act its essential labor law, I was finally beginning to understand Senator meaning, begins, "Employees shall have the right to .... " Robert F. Wagner and President Franklin D. Roosevelt's Thus, the statutory rights are vested not with unions or vision expressed in the National Labor Relations Act. employers, but with employees, 01~ to use Kahn's term, These employees, earning a minimum wage v-rith virtu­ the consumer. ·while those employees in West Virginia ally no benefits, were being provided a lawyer, without may never have heard of Senator Wagner, he knew they cost, to defend their right to select a labor organization to were there. represent their collective interests v-rith their employer. I It is tempting to get caught up with the subtle was there with the power and force of the United States nuances of the law and with the glamour ofbig-publici­ government to tell that supervisor that what she did was ty cases. It is easy to view labor relations as an intell ec­ wrong, that she had no business interfering with the tual or political game. As a lawyer and an administrator employees' choice of a union. I could appreciate why of the National Labor Relations Act, however, I find it Professor Eric F. Goldman in The Liberal Hour quoted a humbling, inspiring, and, ultimately, quite grounding to worker in South Carolina as saying that President remember why the statute was written and whom we Roosevelt was the "first President we ever had that knew are really charged to protect. The reality of those West that my boss was an SOB." Virginia pants-factory employees, so committed, so will­ I had met the employees many times before the trial. ing to sacrifice personal interests, helps me remember. I had visited their homes, met their families, sat around their kitchen tables drinking Kool-Aid and eating egg­ salad sandwiches. One employee asked me to assist him • History Marks a Voyage with a tax problem, another with a divorce proceeding. I ROSALIND LICHTER '82, Law Firm of Rosalind Lichter was the perceived expert-the government lav,ryer com­ ing from the big city with a New York accent and a When I was 18 years 'f' Jewish name-and they welcomed me with warmth and old, President Kennedy ,,. respect. What a country, I thought. This kid from Jersey was assassinated. I was City was being paid by public funds to have such a good a university student, time. And, although I was barely out of law scl1ool and and, like most of my not yet 30, I knew that I had found work that I hoped to generation, I remem­ do for many years. I thought, as Hany Golden said, ber where I was at the "Only in America." moment when the Over the years, as I was gradually assigned more news came east. It was administrative responsibilities, the distance from those a terrifying, life-chang­ production workers in West Virginia became greater and ing event. Years later I greater. That is perhaps why I sometimes return to a book was retained by Judge mailed to me by my law school the summer before my first year. The basic message of the book fit remarkably tion investigation, to represent him in the sale of his life well into my then vague and unarticulated views of the rights to director Oliver Stone for the movie JFK. Jim law. The author, Edmond Kahn, said one should adoi,t Garrison was the district attorney in New Orleans and essentially a consumer approach to legal analysis. It is later a judge. Renowned for his conspiracy theories important to retain, he said, an understanding of how about the Kennedy assassination, he had written a book these great principles oflaw we espouse or adopt actually called On the 'Trail of the Assassins. The book was pub­ work. As I have come to understand and apply it, this lished by friends of mine who retained me to negotiate view is not meant to depreciate the evaluation and mean­ the sale of the book and life rights to Warner Brothers ingful consideration of institutional interests. Rather, it and Oliver Stone. It feels somewhat surreal to have been focuses on the need to see the law from the bottom up. a part of this process, where a piece of my personal his­ For one practicing in the labor area, this view is par­ tory became part of a "Hollywood" deal. ticularly relevant. There are labor and management 'Two years ago, Elizabeth Swados, who has been a interests that must be fully understood and considered client of mine since 1989, wrote an opera called in fashioning applicable principles oflaw. I see an almost Missionaries. It is the story of three nuns and one lay per­ daily slugfest between labor and management, bitterly son killed in El Salvador and the assassination of serious arm wrestling with gains to one viewed as losses Archbishop Romero. When the events actually hap­ by the other. Often lost in the dialogue of argument is pened, I was a third-year law student. I still remember the core section of the National Labor Relations Act. That the terror in El Salvador and the frustration of knowing

SP R I N G 1 99 8 33 that the killers were supported by the United States gov­ against the Governor ernment-a government whose constitution I would of the state. This con­ soon take an oath to abide by. With Missionaries, I stitutional crisis be­ worked with the poets, authors, and members of the gan in the early '90s, families of the slain women to secure rights to their when the state, fallen words, which Ms. Swados used in her opera. upon hard financial Last year I was retained to sell the movie rights to the times (how wonder­ book Buried Alive. Written by Myra Friedman, it is the fully speedily the definitive biography of Janis Joplin, one of the great rock cycles change!), need­ stars of the twentieth century. Myra was with Janis dur­ ed to trim the budget. ing all of the fun and desperate times. I was a passionate The Governor's ax fell Janis fan. Her style reflected the rebelliousness and particularly heavily recklessness of the post-Kennedy years. Here was the upon the judiciary. The Chief Judge's proposed budget anti-establishment voice that mourned Kennedy-Janis was cut to the bone-indeed, well into the bone. Those in psychedelic dress, who was later mourned for her ~ld enough will remember the results. There were mas­ excesses. I negotiated the agreement with Lakeshore/ sive layoffs of court personnel. 'Trials were unobtainable, Paramount, and the project is now in development at because the trial parts could not function without court Paramount Pictures. clerks and court officers. The well-regarded arbitration Looking back at my 16-year practice in entertainment program for smaller Civil Court matters had to be closed law, I marvel at having engaged in business transactions down. The entire system was on the verge of collapse. that have involved important historical events-events When the political process failed, the Chief Judge that have illuminated and marked my personal voyage. decided that the only remedy was to commence a law­ There is much more to come-stay tuned. suit against the Governor, claiming that the political branches of government could not destroy the judiciary by their power over the budget. While other counsel • Gorillas on Campus were busily preparing for depositions and other discov­ ery activities, my firm was asked to prepare the brief in BURTON LIPSHIE, Managing Attorney, opposition to the Governor's prompt motion to dismiss Stroock & Stroock & Lavan the action. I often have the feeling that I live simultaneously in two The Governor claimed that the lawsuit should be dis­ different worlds. My many connections with Cardozo missed because the court lacked subject-matter jurisdic­ make my adjunct professor role far more than just a tion over the political question of the budget-making hobby. I not only teach two classes-New York Practice process. The Constitution, he claimed, placed the bud­ and Legal Writing-but I am often asked to help coach getary authority in the executive and legislative branch­ trial or moot court teams, and to participate in the Goods es, and the courts lacked power to interfere. In the fran­ and Services Auction, the Law Revue show, and the tic week that followed, the Stroock team researched a "Sneak Preview" for admitted students. My colleagues at number of hoary authorities (dust was everywhere) on Stroock & Stroock & Lavan are used to my rushing off the state constitution. I even got to cite Marbury v. early on Thursday afternoons, as I announce that I am Madison in a real case. We argued that the doctrine of leaving "to fill young minds with CPLR." And they are separation of powers acted to limit the political branch­ also used to the days when my time is filled with !Ls es' power over the budget. They could not, we urged, coming into the office for conferences on their latest prevent the judiciary from perforn1ing its constitutional law-office memos or moot court briefs. function by reducing it to penury. Would the Constitu­ So when I was asked to write something about a sig­ tion permit the executive and legislature to budget $1 for nificant event, or part of my practice, for Cardozo Life, it the judiciary? If the answer to that question was no, as was impossible to limit myself to an event connected to we urged it should be, then the "political question" argu­ my life at Stroock. I needed one from each of the tvvo ment was wrong, and the remaining issue was the factu­ centers of my legal career. al one: whether the amount in fact budgeted was consti­ I suppose the single most significant matter I have tutionally adequate. worked on in the last few years, in my capacity as a We prepared the opposition papers, and served and Stroock litigator, was one in which I and the firm were filed them. But before the court was called upon to act, asked to join the team of lawyers representing the then cooler heads prevailed. Representatives of the Governor Chief Judge of the State of New York in his lawsuit and the Chief Judge were able to work out a compro-

34 CARDOZO LIFE mise, and the constitutional crisis was resolved. I, of that- in order to give my students all the CPLR they had course, have always believed that it was the power of our paid for-I add 45 minutes to the end of two classes. argument, and the executive branch's fear of bad prece­ When I announced the schedule, I was greeted by a cho­ dent, that helped bring about that settlement. It's proba­ rus of loud groans. I told the class that I wasn 't happy bly not true. But being part of that significant litigation with it either, but if I could stay late on the night of my was a highlight for many of the lawyers on both sides. birthday, etc., etc. My most significant moment as an adjunct professor And so the night of the extra-long class came. I re­ at Cardozo is much less important, but one of the most member noting that the room was unusually crowded. I personally satisfying. In the spring of 199 2, an earlier found out why about midway through. The back door of cancellation of my New York Practice class required the room opened, and in walked a gorilla (O.K. , a person

Adjunct Faculty in the News

"Appellate Division Slot he was the consumer suit against Major League University. In an article Goes to Saxe" was the title advocate for the City of Baseball Properties to be a from that school's newspa­ of a front-page story in the New York and director of possible conflict with one per, he was acknowledged January 28 issue of the law enforcement for the of Cravath's biggest as "a longtime advocate New York Law Journal. It Department of Consumer clients, Time Warner. for the enduring value of stated that State Supreme Affairs. According to a Febru­ humanistic study, (who] Court Justice David Saxe, ary 25 article in the New has tirelessly promoted who teaches Judicial David Boies began teach­ York Law Journal, "Heavy­ the ideals of intellectual Process and Ethics in the ing Mergers and Acquisi­ Hitters From Big Firms exchange and tolerance of Summer Institute, was tions at Cardozo in Finding Smaller Can Be differing viewpoints." recently designated to the January. He is a highly Better, 11 Mr. Boies retained The citation from tl1e Appellate Division, First respected antitrust expert his major clients from commencement ceremo­ Department by Governor who recently set up a pri­ Cravath, including Florida ny indicated that his George Pataki. Justice vate practice, Boies & Power & Light and encyclopedic knowledge Saxe, who has served as a Schiller. Professor Boies Georgia-Pacific Corp., as of the intricacies of Supreme Court justice in spent 30 years at Cravath, well as acquiring new American history and law both Criminal and Civil Swaine & Moore and left ones. The article quotes marks his scholarly 'Terms since 1991, will be after the firm found his Mr. Boies: "Clients get accomplishments. an additional justice on representation of Yankees more effective representa­ Professor Katz was re­ the appellate bench. owner George Stein­ tion from a small number cently named an adjunct In making the appoint­ brenner in an antitrust of people dedicated to a professor at Cardozo: he ment, the Governor said, case railier ilian from a wi11 teach Race and the "Justice Saxe's extensive larger group." Law in the spring ofl999. experience, powerful in­ One of America's fore­ tellect, and commitment Stanley L. Katz, profes­ most legal historians, he to tl1e rules of law ensure sor of public and interna­ served as president of ilie that he will be a valuable tional affairs at Princeton American Council of addition to this vital1y University's Woodrow Learned Societies from important court." Wilson School and co­ 1986 to 1997. He cofound­ Justice Saxe is a gradu­ director of Princeton's ed Reviews in American ate of Columbia College Center for Arts and History, the leading jour­ and of Case-Western Cultural Policy Research, nal devoted to new litera­ Reserve Law School and received an honorary ture in American history, New York University Law Doctor of Laws degree in and has served as associ­ School. From 1974 to 1978, March from Ohio State ate editor since 1973. in a gori1la suit), carrying "happy birthday" balloons, a this area of practice was "so messy," I was actually bunch of bananas, and a birthday card. He came up to intrigued by that fact. But traditional divorce practice as the podium, led the class in a boisterous rendition of a lawyer was not for me. "Happy Birthday," read a poem appropriate to the occa­ In 1980 I read about the new field of divorce media­ sion, and left me with the balloons (and the bananas). tion and the "lightbulb" went on. I had found my calling. Three of the students had arranged for the event, but Dramatic things happen in this field every day. apparently, everyone was in on it. People who don't know how to accomplish their goals, or I got my revenge, however. With the assistance of the even what their goals might be, feel stronger and start to husband of one of the guilty trio, I arranged for a "goril­ see choices. People who feel locked in a battle, perhaps la" to descend upon their graduation gathering two for years, may start to see some of the good things they months later. He cavorted with them for a while, then once appreciated about the other. Few actually reconcile gestured to the three to come closer, for a private mes­ as a result of divorce mediation-this is not the goal-but sage. He then whispered to them, "Sauce for the goose is many have better feelings and respect for the other at sauce for the gander," and removed his gorilla head. It the conclusion of the mediation. I often hear comments was, of course, me. imch as "We haven't been able to talk lil

36 CARDOZO LIFE about how they want to resolve a con fl ictual situation is defense, and the civil-defense bar, which rooted for the the new wave of mediation activity. prosecution. My practice provides me with immensely satisfying For me, it was the trial of a lifetim e. I had a just cause, work. I believe that mediators have the potential to have an esteemed client, and I was fighting for the prin ciple an impact on all of society, one con fl ict at a time. of not allowing the criminal process to chill the advoca­ cy of lawyers who sue the City and • Representing Lawyers: A High-Stakes Venture large defense carri­ ers. At the end of the MICHAEL ROSS, LaRossa, Mitchell & Ross intense, month-long In 1981 , after eight years as a state and federal prosecu­ trial, the jury acquit­ tor, I joined a small boutique criminal law firm to do ted the lawyer in 20 what I had always wanted to do-handle criminal cases minutes and actual­ in the trenches of the courtroom. Over the last 10 years, ly asked for an my law practice has evolved into a hybrid. I still handle investigation of the some criminal cases, but for the most part, my clients prosecutors. are lawyers, some of whom have been accused of com­ The irony of the mitting crimes in law practices, but most have been case, which helped accused of stepping over that fuzzy gray line, which, for shape my thinking lack of a better term, the ethics scholars call "zealous about the law, in­ advocacy." volved the trial's Ten years ago, my pa1tner Jim LaRossa and I were aftermath. Immedi­ retained to represent one of New York's most successful ately after the re­ personal-injury attorneys. The attorney was respected as sounding acquittal, a fierce, "never-back-down-from-a-fight" advocate by the the local disciplinary committee initiated an investiga­ plaintiffs' personal injury bar and was feared and tion concerning the same facts- double jeopardy does despised by the City of New York, which he repeatedly not apply in such cases-and after two ferocious years of and successfully sued for millions, and by the major conflicting testimony, with essentially the same set of insurance companies that paid on the jury verdicts he facts that had resulted in the lawyer's acquittal, a Special obtained. The attorney was indicted for having m et with Referee appointed to hear the case disagreed with the a potential witness whom he wanted his adversary to criminal j ury's verdict and found against the lawyer, ulti­ call to the witness stand. The witness was in a position mately causing his disbarment. to bolster the lawyer's case, and he offered to compen­ I, of course, believed that the lawyer would be exon­ sate the witness for his time. erated again , and when he was instead disbarred, my In a strategic move to trick his adversary into calling attitude toward the law and the clients I represent fun­ his own witness, he asked the witness to lie to the other damentally changed. I appreciated for the first time the side's lawye1~ who was "prepping" him, and not mention pillars of glass upon which careers and lives are built. I that the lawyer had agreed to pay him for his time as s appreciated fully what I had only known on a subcon­ witness, which, of course, is entirely legal. The witness, scious level: trials are mortal combat, and it takes only a however, was wearing a secret tape recorder, and the single loss to destroy a life. I learned that although schol­ lawyer was indicted for suborning perjury. The key issue ars can debate such esoteric questions as "where do you in the criminal trial was whether the witness was being draw the line for zealous advocacy7 " representing asked to lie just to the lawyer, or to lie on th e stand as lawyers is a big-stakes proposition where justice is an well. elusive goal. The criminal trial that followed had a very high emo­ I now recognize that, in many ways, lawyers are tional pitch . The defendant was one of the city's top trial called upon to justify their tactical decisions, and are lavvyers, who had won numerous multimillion-dollar, judged by people who are certainly not their peers, and high-profile verdicts and had argued before the US who do not know that it is impractical for most lawyers Supreme Court. The lawyer's wife was a well-respected to focus constantly on whether eve1ything they do might State Supreme Court judge, and she and colleagues often be misconstrued after the fact. Success for the client is occupied the front row of the courtroom. The rest of the not m easured by how many legal skirmishes you win in courtroom was filled each day by the city's top lawyers­ a case, but rather, whether you and your client are left the plaintiffs' personal injury ba1~ which rooted for the standing after all is said and done. •

SPRI NG 1998 37

Andrew Alpern '92

Housing students in the dense environment surround­ behind the similar 1850 carriage house of James ing an urban school is a perennial problem for universi­ Donaldson, who lived in his own three-story mansion at ties. Columbia has been attempting for years to con­ 43 Fifth Avenue. Donaldson's house and carriage house struct a dormitory at 113th Street and Broadway despite were bought in 1903 by William E. Finn, who demol­ protests from local residents and preservationists. New ished them and in 1905 erected the grand apartment York University has suffered through similar battles, as house that still exists at the corner of 11 th and Fifth. have other schools whose pedagogical advantage of The houses to the east of George Wood's carriage being in the middle of New York City is tempered by the house remained solidly in single-family occupancy until significant problem of providing student housing within the early 1880s, when the four modest brick buildings at walking distance of the classrooms and library. 13-19 East 11th Street were remodeled in the more fash­ Cardozo long dreamed of ionable brownstone and convert­ being able to offer its students ed for use as a hotel-The Bris­ convenient and affordable hous­ to 1. William Finn later bought ing, but was stymied by a host of the five-story hotel as part of an problems, primary of which was ~~~ attempted land assemblage, but the high cost of real estate in sold it when he found he could reasonable proximity to 55 Fifth not acquire the adjoining old Avenue. George Wood carriage house By a fortuitous confluence of property (Wood had sold it to circumstances, contractual cre­ Henry Toilor, whose brownstone ativity, and patient negotiations, on East 12th Street still faces a novel solution has been devel­ Cardozo, and Thilor's heirs con­ oped. Cardozo is now poised to become a residential tinued to use the building for its original purpose). The institution with a sh1dent dormitory to be created from a carriage house was ultimately converted for use as a much-recycled pair of buildings only a block from the small synagogue, in which guise it still exists. Law School, at 15 East 11th Street. Finn sold off The Bristol in two pieces. In 1901 the During most of the nineteenth century, East 11th east half went to William Rau, who demolished that por­ Street between Fifth Avenue and University Place was tion of the building and retained architect Louis Korn to built solidly with middle-class one-family row houses, design a small seven-story apartment house on the site the grander mansions of the rich having been construct­ at 17-19 East 11th Street, calling it The Regina. Among ed on Fifth Avenue. One anomaly was a carriage house the first tenants was one Leopold Wertheim. Rau sold the and stable at East 11th Street. Set far back on the lot to newly completed building later that year to Wertheim, conform to a deed restriction and to provide a forecourt who in 1902 also bought the remaining truncated piece for off-street hitching of horses, the two-story brick struc­ of The Bristol from Finn. For the westerly site, 13-15 East ture had been built by George Wood in 1852. That same 11th, Wertheim also hired Louis Korn for the design of a year Wood built a grand three-story residence for himself nine-story hotel, which was completed in 1902 and and his family at 45 Fifth Avenue, accessible to his car­ called The Alabama. riage house on 11th Street via a narrow strip of land Louis Korn was born in New York City and graduated

SPRING 1998 39 from Columbia University's School of Architecture in 1891. He worked briefly GU\DE AND MAP for the prolific John B. Snook & Sons OF before opening his own design office in NEW VoRK ClT'< 1892. An early commission was the extant loft building at 91 Fifth Avenue (1894), whose six busty caryatids high on the fac;;ade enliven an othenvise conventional commercial structure. Later, Korn designed a building for Leopold Trew at 141-145 Wooster Street in SoHo (1896) and another loft building at 40 West 22nd Street (1910). Korn's best-known commission came out ofa design competition in 1901. The building that resulted was completed in 1904 at Central Park West and 88th Street for the Progress Club, a J ewish social club whose members were predominantly upper-middle-class Ger­ man immigrants who were excluded from the existing social organizations of the entrenched Christian majority. It is likely that William Rau and Leopold Wertheim were members of the Progress Club. Walden School bought the build­ ing in 1932 after the club went out of existence, recycling old build­ and it has since been demolished for the luxury apart­ ings to new residen­ ment house on the site, which was completed in 1989. tial use. Through the The Regina and The Alabama were later renamed the family's Rock.rose Development Corporation, the hotel Hotel Van Rensselaer and run jointly as a single opera­ rooms were rebuilt as rental studio and one-bedroom tion. In keeping with the custom of many New York apartments, with small kitchens and new bathrooms in­ hotels before the First World War, it offered rooms and stalled, along with new electrical and heating systems suites for transient, long-stay, and permanent guests. A and a rebuilt ground floor. In 1982, the building was con­ dining room was maintained on the ground floor to com­ verted to cooperative ownership, at prices ranging from pensate for the lack of cooking facilities in the upper­ $42,000 to $134,000, with monthly maintenance charges floor units. The daily rates around 1910 for a single room of$221 to $758. By 1996, the building had again declined, with private bath ranged upward from $1.50 without and two-thirds of the apartments were rented out to ten­ meals and $3 with full meal service. The weekly rate for ants by absentee shareholders of the cooperative corpo­ a parlo1~ bedroom, and bath was $16 without meals or ration. $23 with meals. Suites ofup to six rooms could be had at A member of th e Yeshiva University Board of1tustees rates that were apparently negotiable. In 1913, one of the who is in the real estate business learned of the avail­ suites in the Van Rensselaer was taken by Mr. and Mrs. ability of the building and refened the information to the Lyndsay Van Rensselaer, formerly of Staten Island. The appropriate University officials. After analyzing the situ­ Van Rensselaer family in New York dates back to the ation , the University and its attorneys developed an days when it was New Amsterdam and has contributed innovative and possibly unique proposal. They offered much to the development of our city. If America can be to purchase individual apartments directly from the said to have a true aristocracy, the old Dutch families owners of the units. The transactions were negotiated such as the Van Rensselaers, the Schuylers, the Scher­ and structured over about half a year, and eventually the merhorns, and the tenEycks and tenBrocks qualify in University purchased 93 of 114 apartments at a total cost spades. of $11.6 m illion. Notwithstanding its ancient name, the Hotel Van Repairs have begun, and 30 units are expected to be Rensselaer declined, both physically and economically. ready for incoming students this fall. By the fall of Built by German Jews at the beginning of the century, in 1999, all of the apartments will be available for 1973 it was given a rebirth by the Iranian Jewish Cardozo students and, at long last, the school will Elghanayan family, who have since made a specialty of truly have gone residential. •

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You won't want to miss the latest issue devoted to the Journal's New technology poses new legal questions that affect whoever symposium on the legendary investor entitled "Warren Buffett: uses on-line services. Are you infringing copyright law by down­ Lessons for Corporate Lawyers." Recent issues have included loading or uploading information? What if a big company symposiums on legal theory, including the revival of pragmatism doesn't like what you say about it in an e-mail message? Is this and an examination of the philosophy of Jurgen Habermas; defamation? Who and what are behind the new television another recent double issue, "Bondage, Freedom & the ratings system? The Journal has recently focused on these Constitution," focuses on new slavery scholarship. The Law cutting-edge topics and developments in intellectual property Review, a student-run organization, actively solicits outstanding protection that have far-reaching influence on mass-media out­ contributions from scholars and practitioners in all fields of law. lets as well as individual authors and performers. Subscriptions: $40/year (six issues); single issue $8; Subscriptions: $28/ year (three issues); special issues $13; double issue $16. Contact: Administrative Editor, The Cardozo single issue $10. Contact: Cardozo Arts & Entertainment Law Law Review, Benjamin N. Cardozo School of Law, 55 Fifth Journal, Benjamin N. Cardozo School of Law, 55 Fifth Avenue, Avenue, New York, NY 10003. Phone: (212) 790-0355. New York, NY 10003. Phone: (212) 790-0292. E-mail: [email protected]. E-mail: [email protected].

Cardozo Journal of International & Is mandatory testing of newborns and their mothers constitu­ tionally problematic? Has the academic community deemed legal Gain insight into international legal developments. Articles by writing instruction "mere women's work"? Medical malprac­ law scholars and notes by students cover a variety of current top­ tice-is it forcing mothers into substandard care and obstetricians ics, including: ascension into NAFTA contingent on improvement out of practice? For answers to family law's most challenging in worker rights, the legitimacy of prenatal gender testing in dilemmas, for the most incisive works on a broad range of India, and comparisons of same-sex marriage laws in Europe. gender-based legal topics, for articles by the legal community's Subscriptions: $14/ volume, domestic; $16 foreign; most respected scholars and practitioners. subscribe to the $8/issue, domestic; $10 foreign. Contact: Cardozo Journal of Cardozo Women'.s Law Journal. International & Comparative Law, Benjamin N. Cardozo School Subscriptions: $45 /year (two issues), $30 student, $60 corpo­ of Law, 55 Fifth Avenue, New York, NY 10003. rate. Contact: Cardozo Women'.s Law Journal, Benjamin N. Phone: (2 12) 790-0264. Cardozo School of Law, 55 Fifth Avenue, New York, NY 10003. Phone: (212) 790-0239. Explore the confluence of legal and literary issues from an inter­ Post-Soviet Media Law and Policy disciplinary perspective. Subjects range from First Amendment religion and free-speech jurisprudence to the study of legal The only journal of its kind, the bimonthly Newsletter, founded rhetoric in and as literature. Book reviews, original works of in 1992 by Prof. Monroe Price, follows the emerging media laws fiction, and art are regularly included. and policy in the former Soviet Union, and post-communist East Subscriptions: $20/year (two issues). $50 institutions, and Central Europe. Find out about developing media policy and $18 students. Contact: Cardozo Studies in Law and Literature, press laws, censorship, defamation, privatization and the closing Benjamin N. Cardozo School of Law, 55 Fifth Avenue, New York, of media outlets, and foreign investment in media and telecom­ NY 10003. Phone: (212) 790-0370. munications in the region. Newsletter supplements also provide in-depth regional analysis and annual human rights reports.

Subscriptions: $125 institutions, $50 individuals. Contact: Be informed on the latest issues in landlord-tenant law, condo­ Monroe E. Price, Editor, Benjamin N. Cardozo School of Law. miniums and co-operatives, real estate development law, and 55 Fifth Avenue, New York, NY 10003. Phone: (212) 790-0402, real property law. The New York Real Estate Law Reporter Fax: (2 12) 790-0205. E-mail: [email protected]. features summary and analysis of significant recent cases, combined with insightful articles by distinguished practitioners. Subscript ions: $210/ year (12 issues). Contact: New York Real Estate Law Reporter, Leader Publications, 345 Park Avenue South, New York, NY 10010. Phone: (212) 545-6170 or (800) 888-8300, ext. 6170. news ¬es ALUMNI

Weingarten '83 schooling conditions, facili- one parents want their chil- York City's schools. Faces New ties, the need for more and dren to attend, and where Educated in public schools, Cha ll enges as innovative materials, educa- people want to work. and the daughter of a pub- President of UFT tion and curriculum Everyone wants the same lie school teacher, Ms. refonn, smaller class size, ~hings-high-achieving kids, Weingarten as a child wit- and maintaining the aging appropriate conduct and nessed the struggles of Prof. Les lie Newman infrastructure of an institu- conditions, schools that are union efforts when her Director, Legal Writing tion serving over a million safe and orderly, schools mother lost two days' pay Program children can be at once where learning can take for each day on strike, at a engaging and seemingly in- place." Ms. Weingarten sees time when her engineer Randi Weingarten '83, the tractable. Ms. Weingarten's the fight for better condi- father was unemployed. As recently elected president considerable energies are tions, for example, as syn- a law student, while fulfill- of the United Federation of focused on tackling these onymous with the fight for ing her responsibilities as Tuachers, is in her element. issues from the perspective school improvements and an editor of the Law Review As the leader of the largest education and participating in the union local in the country, reform. Class Criminal Law Clinic, she with 130,000 members, Ms. size, as well, worked on behalf of Weingarten is fulfilling a long an issue increasing the diversity of long-standing commitment for teachers, the Cardozo community. to quality and meaningful reflects teach- Following law school, public education. ers' needs to Ms. Weingarten joined the As the union's president, fulfill their firm of Stroock & Stroock & Ms. Weingarten articulates commitment Lavan as a litigation associ- an ambitious yet straight- to teaching in ate, quickly developing a forward agenda and places a manageable specialty in labor law. it squarely in the middle of context, main- While there, she began rep- the needs, problems, and tains Ms. resenting the United promise of New York City's Weingarten. Federation of Tuachers and public school system. "The "The long- was then wooed away by union is a critical force," term fight the union's former presi- she says, "in an institution over class size dent to join forces as coun- vital to a democracy. It n eeds to be sel. Over the past 12 years, must represent its mem- understood Ms. Weingarten has negoti- bers, the children , and the within the ated the union's labor con- schools." larger agenda tracts, settled numerous Listening to Ms. of a union leader represent- of what is optimal in a labor disputes, advocated Weingarten weave these ing her members, all the classroom for learning to and lobbied in the city, interdependent themes is while understanding that take place." state, and federal arenas on to appreciate the enormity the success of the union is Ms. Weingarten started behalf of the UFT, and gen- \ of the job she has undertak- the success of the educa- early to work her way to erally been involved in all en. Issues such as academic tion of the children. her present perch of choice aspects of the union's poli- standards, year-round "I believe that every from which to influence cy development, opera- schooling, working and school should and can be public education and New tions, and efforts. She says,

4 2 CARDOZO L IFE CARDOZO ALUMNI WHO SERVED AS "This is what I want to do. do that with the low-perfor­ ITAP FACULTY IN 1998 My legal training and back­ mance schools, you can ground have made an enor­ do it everywhere. Amy Attias '83, Gary Becker '83, Thomas Benigno '79, mous contribution to my "Education creates David K. Bertan '85, Mark Bluver '87, Annie Costanzo work." Her recent landslide opportunities for people. '92, Joan Ehrlich-White '87, Steven Fromewick '95, Gary election as president indi­ I want to help people Galperin '80, Glenn Garber '89, Moshe Horn '93, Isabelle cates that the members, as acquire more of the eco­ Kirschner '81, Jill Konviser '90, Scott Korenbaum '88, well, appreciate this range nomic pie and help children Lori Levinson '83, Faith Litvack '89, Virginia LoPreto '82, of abilities-citing her logic mold their own futures." Laurie Macleod '84, Richard Maltz '79, Lisa and legal skills, her ability Randi Weingarten is opti­ Mattaway '88, Eve Miller '91, Mark Moskovitz '79, to negotiate, her quiet yet mistic about the future of Labe Richman '82, Hunter Shkolnik '85, David Silver '83, forceful manner, and her public education in New Charles Silverstein '84, Bobbi Sternheim '80, Susan Lee lack of fear in the face of York City and is enjoying Strauss '83, Esther Tra ki nski '89, Alan Yatvin '83. conflict and controversy. the challenge. These skills complement Ms. Weingarten's teaching An Alumna Reflects and classroom experience. during the break between pates as a team leader Teaching American history, on ITAP semesters. every year, was the attor­ political science, and law at The Clinic was fun and ney in charge of the Bronx Clara Barton High School Lori Levinson '83 challenging and lasted for County Office of the Legal from 1991 to 1997 grounded Associate, Cain Hibbard two whole semesters: two Aid Society when I was her in the reality faced by Myers & Cook, PC semesters of unrelenting there, and many of the fac­ teachers and students in videotaped demonstrations ulty participants who serve schools across the city. In In the fall of 1982, I studied of the various aspects of a as judges were there then addition, Ms. Weingarten the art and science of trial trial. We trained on the also. taught Legal Writing at work as a student in the same cases used today in I was extremely flattered Cardozo from 1985 to 1991, Criminal Law Clinic. I ITAP. So by the time I made when I was invited that and was known for exacting dreamed of being a crimi­ it through the Clinic, gradu­ inaugural year to play the standards as well as the nal defense attorney and ated, and got a hard-won part of Marilyn Miller, the extraordinary rapport she wanted to learn the neces­ position as a staff attorney rape victim in State v. Stone. established with her stu­ sary skills to be a top-notch in the criminal defense Since I was all too familiar dents. She likes to think of litigator. That was in division of the Legal Aid with the case, I said yes, herself as a lawyer who is a Cardozo's infancy, before Society in the Bronx, I and soon found myself in teacher, feeling that both the Intensive 'Itial Advo­ knew State v. Stone, State v. the Moot Court Room (in professions are essential to cacy Program (ITAP) was a Diamond, et al. intimately. front of what seemed like the success of her work. two-week program offered Unlike the Clinic in thousands of students, The tasks ahead for which I had practitioners, and judges) Weingarten are large, yet participated, being examined and cross­ she sees real accomplish­ ITAP (institut­ examined by pros. That was ments. She is particularly ed in 1984) the beginning of my long proud of the union's role in offers students association with ITAP. turning around failing the chance to Now, some 15 years schools in the past year. try out their (yikes!) since my gradua­ Through cooperative trial wings in tion, I can look back on the efforts, 15 schools under front of trial Januarys when I have review and scheduled to be lawyers and returned to Cardozo for at closed were successfully judges from least two days as a volun­ redesigned, their closing all over the teer instructor, critiquer, was averted, and these country. The and/ or demonstrator for efforts resulted in the Honorable what I consider the greatest schools coming off the Judge Joel training ground for hopeful state's low-performing Blumenfeld, litigators-ITAP. schools list. "When you can who partici- For me, it is also an op-

43 SPRING 1998 Director of Development Named

Deborah T. Niederhoffer has been appointed Cardozo's director portunity to see old friends, argument of my next trial. of development, announced Dean Verkuil. She comes to t he to relive the days of terror In 1992, I moved out of Law School with 18 years of experience in development and as a clinical student New York to the Berkshires. alumni affairs-nearly 7 of t hem at NYU's Stern School of practicing in front of my Although the area is tranquil Business, w here she is still a member of the Alumni Boa rd of peers and a video camera, and bucolic, a sufficient Directors. For two years she was director of development for and, most important, to number of alleged wrong­ Beth Israel Hea lth Care System and most recently was a consul­ learn from the critiques doers have need for a small tant w ith Pepsi-Cola, North America . Ms. Niederhoffer is an given by other participants cadre of criminal defense adjunct faculty member at NYU's School of Cont inuing as well as the demonstra­ lavvyers, whose ranks I have Education. She holds a B.A. with honors from Tu lane University tions of trial tactics and joined. The yearly opportu­ and an M.A. from NYU's n sch School of t he Arts. skills. In recent years, my nity to participate in ITAP participation in brown-bag has become an even more lunches with other women exciting and meaningful that when I was in their Very impressive, indeed! lawyers, in which we dis­ experience- a reunion with position I was as skilled as As an alumna, I get cuss aspects of trial work fellow Clinic members and &Pille of them are. How is it particular satisfaction in unique to our experience, an opportunity to catch up possible that they can stand marking the growth of has reaffirmed the frustra­ on the legal exploits of my in front of a room filled Cardozo and the quality of tions as well as the high former colleagues working with their peers and three the faculty-practitioners points of practicing in what in New York. or so lawyers and judges who participate in ITAP­ is still a male-dominated As I look back on the and give a closing argu­ a most wonderful program. field. I always leave ITAP years of my involvement ment without notes? I'm equally delighted that with new ideas to try out. with the program, I am Although we instructors tell I can contribute to the This year; one of my co­ struck by the quality, matu­ the students to do so with­ education of future trial instructors persuaded me to rity, and poise of the stu­ out notes and I tell myself lawyers, while learning use a story in the closing dents. I cannot imagine th e same, they really do it. new lessons myself.

Annual Fund Exceeds Goal: Dean Issues Challenge

With approximately two months remaining until the public-interest stipends, clinical education, and other end of Cardozo's fiscal year (June 30), Cardozo's Law School needs. Donors of $1,000 and more are Annual Fund has surpassed its inaugural goal of invited to the Dean's Annual Lunch. To make a con- $100,000 set last fall by Dean Verkuil. As of March 1:libution, contact Joan Ehrlich-Wl1ite in the Office of 18, alumni, represented by members of each gradu­ Alumni Affairs, (212) 790-0293. ating class, have contributed nearly $50,000. Friends of Cardozo, a group composed primarily of parents Annual Fund Donor Categories: of current students, has contributed almost $30,000. Dean's Council $10,000 and above The remaining amount comes from faculty, mem­ bers of the board, and other interested people. Leadership Circle $5,000 to $9,999 "The support that we have seen from the alumni Benefactor Circle $2,500 to $4,999 is so gratifying," said Dean Verkuil. "They know that they have the power to help make their alma mater Founder $1,000 to $2,499 one of the best law schools in the country, and their Supporter $500 to $999 contnbutions are indicative of that desire. I would Fellow like to challenge the alumni to give a total of $250 to $499 $100,000 by June 30!" Associate $100 to $249 Cardozo's Annual Fund provides support for schol­ Member under $100 arships, the library, technological improvements,

Annual Fund Total: $102,610 S102,610 (as of 3 • 18 • 98) S2 5,000 S50,000 S75,000 s1 00,000 1

$48,130 ALUMNI S28,450 FRIENDS OF CARDOZO S26,030 FACULT Y, BOARD, ETC.

44 CARDOZO LIFE ALUMNI CONTRIBUTIONS TO ANNUAL FUND (AS OF MARCH 18, 1998) $48,130 This is a partial list of alumni who have contributed t o Cardozo's Annual Fund. A complete list of donors to the Annual Fund w ill be published in the fall.

S F a BECKER, Gary Member :LAS O 198ts CL SS OF 993 YAGERMAN, Mark Founder FOX, Alan Member GOULD, Georgeanne Supporter FLOERSHEIMER, Mark Founder WARREN, Janis Supporter FREEDMAN, Howard Member LIPKIND, Alec Fellow SUNDER, Michael Supporter (The Warren Children Trust) JACOBY, Arthur Member DEUTSC H, Leslie Member FISHBONE WALLACK, Lisa Fellow ROTHFELD, Harriet Fellow MILDNER, Esther Member SCHRADER, David Member BARASCH, Candace Associate HOFFMAN, Henriette Associate $ 2,800 SWARTZ, Mary Member HWANG CAPIO, Mirry & Associate MATTHEWS, Kenneth Associate $ 925 Prudential Foundation MIGDOL, Jerry Associate ASS OF o4 LONDON. Sheri Associate BERG, Soraya Member GOULD, Matthew Fellow LA. S OF 1989 RAEGNER-STANTON, June Associate KASS, Ilene Member KATZ, David S. Fellow FISTEL, Michael Associate RAGGIO, Lorraine Associate McBRIDE, Ellen Member KUHN, Irwin & Fellow CHMURA, Eugene Member ZAND, Joel Associate $ 2,775 KUHN, Diane Silberman DELLOFF, Robert Member BROWN, Allyson Member KATZ-PEARLMAN, Sharon Associate LEVINE, Stuart Jay Member GROSSMAN, Andrew Member q81 MILLER, Marjorie Associate LITVACK GARLAND, Faith Member NAGY, Noreen Member BYRNE, Rosemary Leadership ORLEY, Marcie Associate $ 220 $ 2,625 (HERRICK, Ellen Fellow WAHL, Beth Associate BURR, Sarah Associate WEINTROB, Audry Associate ~S. OF 990 :LASS OF 994 GALPERIN, Gary Associate ZELIGSON, Laurie & Associate SEEGER, Christopher Leadership BLONDER, Meir Associate Citicorp Foundation GIUSTI, Robert Associate WEISS, Stephen & Leadership SAFER, Adam Associate KAPLAN, Muriel Associate BERK, Donald Member WEISS, Debra Kimelman ROTH, Michelle Member RUBIN, Arleen Associate KRAVITZ, David Member STUART, Jacqueline Supporter S 330 BERGES, Hanni Member MEYERS, Andrew Member (The Stuart Foundation, Inc.) BLOOMGARDEN, Nancy Member $ 1,665 NOVICH, Bebe Associate CLASS OF 1995 FALL RITVO, Brynne Member SCHWARTZ, David Associate WEILER, Fred Benefactor .AS OF 98' FORMAN, Glenn Member FALK, Lawrence Member COHEN, Linda J. Associate $ 5,931 SIROTA, Jonathan Fellow FERBER-ABRAHAM, Corrin Member JACOBSON, Stephen Associate GREENFIELD, Susan Associate MANNIS, Eric Member WALLAC H, Stephen & Associate S 91 KESSLER, Steven Associate SAMUELSON. Debra Member Coopers & Lybrand DUMAIN, Sanford & Supporter CALORAS, Robert Member $ 10,828 CHERNICHAW, Adam Member DUMAIN, Stacey Miller KAPLAN, Morris & Member $ 2,950 BEZOZO, Kenneth Associate KAPLAN, Janet .LASS F 199 VERNON, Darryl Member WALLEN, David & Member GREENER, Melissa Associate CLASS OF 996 WALLEN, Kate WILDMAN, Judith Member KUNREUTHER, Judith Associate RITZ, Leonard Associate $ 655 $ 700 MELTZER, Gary Associate BASKIND, David Member SAFAR, Jay Associate BILLIG, Elana Member A S F ~86 F 982 LASKOFF, Susan Member INBAR, Jill !Ian Berger Member ADLER, David Supporter LAST, Meyer Supporter LEFKOWITZ GREENBERG, Member KOREN, Neil Member LAMPORT, Joseph Supporter BUEBEL, Felicia Associate Elisa LEVENTHAL, Samantha Member LEWIS, Jeffrey & Supporter ROTHMAN, Joel Member S 250 SHIMOFF, Warren Associate LEWIS, Sharon Ashley (1987) Associate SANUA, David Member SKLOVER, Alan L. GANZMAN, Jay Associaf'e Associate SILVERSTONE, Barbara Member LASS OF 1997 WHITEHEAD, Susan GILDE, Anne Associate $ 565 CARBONE, Michael Member WIEGAND, Jeffrey Associate ALEXANDER, Adrienne Member BIRNBAUM, Bruce Member GRUBERG, Benjamin Member CASTELLANOS, Rafael Member C' A OF 99' COHEN, Susan M. Member ·s KATZ, Danalyn Member FELDMAN. Andrew Member Member GINDI, Raymond Founder MARTIN, Rebecca Member SHANKMAN, Susan JANOWSKY, Eileen Member TRITTER, Daniel Member FRITTS, Katherine & Supporter STABILE, Renato Member $ 1,875 Ernst & Young Foundation $ 1,305 S 195 MAKOWER, Alissa Associate S O 8" A. F ,3 MOSES, Robert Associate ALUMNI FRIENDS EHRLICH-WHITE, Joan & Founder ROTH, David Associate STEINER, Sarah Founder The Loubess Foundation BERMAN, Judge Joseph J. Leadership (The Eshe Fund) WEINTRAUB, Susan Associate TURNER, Karel & Supporter WARREN, Adele & Benefactor SCHEIER, Joshua Member ZIFFER, Jay Fellow Chase Manhattan Bank Willard TASKER, Arthur Member FLORIN, Joel Associate BUECHLER, Bruce Associate SISTERHOOD Member S 2,000 ADATH ISRAEL LASERSON, Lillian Associate DANOFF, Susan Associate $ 7,536 WIRTH, Richard & Associate KEMP, Marc Associate Phoenix Home Life Insurance SILLINS, Laura Associate $ 2,000 ClassActions

Class of 1980 Elka. Shoshana Bookson an d Hadassah, spoke at a session money for the Leukemia her husband, Dr. Saul Stromer, regarding rabbinic ordination Society of America. She would Ruth Gursky & Barbara welcomed their third ch ild, for women. Over 2,000 sincerely welcome all contri- Odwak announce their mem- Steven Andrew, born in Janu- attended the two-day confer- butions from h er schoolmates bership in the "Million Dol1ar ary. He joins sister Alexandra ence. Deborah Chapman toward her goal of $2,000. Club," having obtained a $1.4 and brother Michael. Goldstein was appointed Checks payable to the million verdict for one of their director of Planned-Giving Leukemia Society of America personal-injury clients. Joel Class of 1983 Endowment for United may be sent to th e Cardozo I

46 CARDOZO LIFE seeking the Democratic bPC,1U$€" Of dtlf'°ff'IICt If -, f)O I .1 , tt ('\f "'"l;>lf C•t} I St't' tftf' young m,:m hJd brt~n ~ ..,,-,.at•.n~f lrtt~ thtb.ll •:hJt nomination for a Second of doing .m,,1y u,th ol to.! • ~~" :J P.,.f -.i 8,1 ,1:0,a :t Hl""- "''.:th 8.tll Tht')' ~to211.f' Ward Council seat in Yu A"Vflc2 r,,.,. "'Hd 10 ,.,.,,,.. • M,n Luboml Englewood, NJ.

Class of 1990 Laurence Pittinsky and his wife, Jill, welcomed the birth of a son, Marc.

Class of 1991 Joel B. Rothman authored the lead article in the November 1997 edition of Leader's Legal Tech Newsletter, for which he is a member of the Board of Editors. It was titled "Finding Experts-and Expert Information-on the Internet." Joel At the fall mentoring reception, Lowell Kern '90 (at left) spoke about copyrights and also has an trademarks with second-year students (left to right) Matthew Lattimer (back to camera), article coming Mary Woods, Katrina Rainey, and Cecilia Capers. out in the Newsletter of the American Collectors' Association, entitled "Intrusion Claims Against Collectors and Collection Attorneys."

Class of 1992 Jay Grossman and his wife, Nancy, welcomed their sec­ ond child, Avery, in January. Her big brother is J ustin.

Class of 1993 Leah G. Richter has become of counsel to the law firm of Marcia Kuttner Werner in Oradell, NJ. Keith R. Santillo and his wife, Maria Linda, celebrated their first wedding anniversary on March 14.

Class of 1994 Christopher James Bowes is the co-executive director of The Black Asian Latino Law Students Association of Cardozo held its annual alumni CeDAR, the Center for dinner in March and honored Prof. El Gates and Elizabeth Franqui '97, who both spoke Disability Advocacy Rights, about the progress that minorities have made and the work that remains. A large crowd Inc., in New York City. CeDAR of alumni and students attended and were entertained by first-year student Ryan R. is a not-for-profit poverty law Sharpe and his a cappella singing group, "Messengers of Love."

SPR I NG 1998 47 agency established in October medical education courses at to Jackie Kurtz, Ph.D., a re­ Class of 1996 1996 in response to the impo­ the New York Academy of search fellow at the National Andrew Buck and his wife, sition by Congress of stringent Medicine. She has published Cancer Institute. Jonathan is Julie Rabinowitz, welcom ed a restrictions on the work of 14 books, one of which was currently practicing real son, Theodore David, in federally funded legal services nominated for the Pulitzer estate law with the Baltimore October. Brett Fields, his attorneys. Robert Osuna has Prize and the National Book office of Ballard Spahr wife, and two-and-a-h alf-year­ opened h is own office in Award. Mario A. Joseph suc­ Andrews & Ingersoll, foll ow­ old son will be in South Africa NYC, where h e practices in cessfully argued before the ing his clerkship witl1 a judge for the next year and a half. th e areas of real estate, crim i­ New York State Supreme on the Maryland Court of Brett is doing business and nal defense, and immigration. Court, Appellate Division, Special Appeals. Andrea A. insurance law for AIG, Melissa and Dean Shalit Second Department in a pro­ Vag has moved to tl1e Iselin, American Insurance Group. welcomed their first child in ceeding pursuant to a section NJ , office of Fragomen, Del February, Austin Chase. of the Business Corporation Rey & Bernsen. She was Law. Adina Lewis and previously with ilie finn's Class of 1997 Lawrence Garbuz welcomed Washington, D. C., office, Rachel Berke joined the NYC Class of 1995 their first child, Ella Sophia, which practices exclusively in office of Jaworski & Fulbright, Madeleine Pelner Cosman in Septemb er. Jonathan ilie area of corporate immi­ LL. P., in September 1997. She runs seminars and continuing Prince was married in August gration law. is practicing corporate law. Joshua Gerstin ran fo r the city council in Boca Raton, FL, just six months after mov­ ing to the area. Joshua said, Many Thanks to "I ran totally on my own !" Alumni Volunteers! wh en describing the experi­ ence, and remarked that he Each year, alumni share their t ime, effort, and lawyering skills w ith current students by had surprised many people participating in t he Mentoring Program and the Alumni Roundtable. The va lue of this alum­ by picking up 14% of the vote. Karen Elizabeth ni support and assistance cannot be overstated. The Office of Alumni Affairs is delighted to Greene and Scott Silver were take this opportunity to t hank all those w ho helped during the 1997-98 school year, and married on August 17, 1997. sincerely apologizes if any name has been inadvertently omitted from this list. Both are admitted in Califor­ nia, where Karen practices MENTORING PARTICIPANTS family law and Scott practices Alan Barson '90, Curt Beck '89, David Bertan '85, Bruno Bianchi '88, Alan Blattberg '92, Meir in the areas of real estate and Blonder '94, Marilyn Bodner '92, Jay Boyarsky '88, Michael Braff '82, Todd Bromberg '92, fi nance. Dana Katz has Pau l Burr '91 , Robert deBrauwere '93, Robert Delloff '89, David Feldman '93, Bradley Foster joined the Austin, TX, office '95, George Gi lbert '83, Harold Gordon '88, Jeffrey Greenberg '87, Wayne Greenwald '79, of Fulbright & Jaworski LL. P. Joseph Grob '87, Mark Jaffe '87, William Jelinek '93, Erik Kahn '92, Lowell Kern '90, Kenneth as an associate, focusing her practice on healtl1 care mat­ Kerner '89, Michael Kohler '96, Victoria Kummer '92, Robert Lax '94, Alden Lewis '82, Trebor ters. Ara Mekhjian became Lloyd '93, Alissa Makower '92, Brian Miller '94, Jeffrey Miller '95, Donna Mirman '90, James an associate wiili the law firm Pharo '86, Jason Raphael '90, Lauren Sacks '89, Stephanie Scherer '94, Lee Spielmann '85, of Sch ottenstein Zox & Dunn Glen Trotiner '84, Va lerie Wolf ma n '89. in Columbus, OH. Nathan Paul and his wife, Batya, ALUMNI ROUNDTABLE PARTICIPANTS welcomed th e birth of ilieir Adrienne Alexander '86, Arlene Bluth '89, Christopher Bowes '94, Barbara Brandes Starkes first child, Debra Naomi. '79, Adam Chernichaw '95, Susan Danoff '87, Sheryl Frishman '96, Thomas Furth '89, Hal Goldstein '90, Wayne Greenwald '79, Richard Katz '90, Michael Kremins '81, Alissa Makower Class of 1998 '92, Andrew Mandel '87, Barry Marenberg '93, Barry Margolis '89, Clifford Meirowitz '91, Adam Brodsky was married Samuel Mosenkis '93, Steven Mosensen '82, Raymond Patterson '96, Martin Petroff '83, in March to Catherine Hakim. Jason Raphael '90, Leonard Ritz '96, Elaine Shay '89, Alan Sklover '82, Lee Spielmann '85, Adam is an associate at Alter, Marianne Spi nelli '90, Rache l Warren '92. Bartfield & Mantel.

48 CARDOZO LI FE Ii'

BENJAMIN N. CARDOZO BOARD OF DIRECTORS DIRECTORY SCHOOL OF LAW Jacob Burns Institute for Earle I. Mack General Telephone Advanced Legal Studies Chairman 212-790-0200 Yeshiva University Brookdale Center Sheldon H. Solow Adm1ss1ons 55 Fifth Avenue Stephen J Schulte 212-790-0274 New York, New York 10003-4391 Vice Chairmen Alumni Affairs Paul R. Verkuil Stephen B. Siegel 212-790-0293 Dean Treasurer Chutick Law Library Michael Herz Ronnie Heyman 212-790-0285 Senior Associate Dean Secretary Dean's Office Ellen R. Cherrick Harry Bauer 212-790-0310 Associate Dean for Placement, Leon Black Development Student, and Alumni Affairs Harvey R. Blau 212-790-0288 Leon H. Charney Matthew Levine Financial Aid Associate Dean for Arthur M. Goldberg Business Affairs David S. Gottesman 212-790-0392 Abraham S. Guterman Professional Development E. Billi lvry 212-790-03 58 Eric M. Jav1ts Public Relations Dr. Ira Kukin 212-790-0237 Dr. Norman Lamm Hirschell E. Levine Registrar Jeffrey H. Loria 212-790-0295 Harvey L. Pitt Student Services Lawrence Ruben 212-790-0313 Mtehael Saperstein Barry K. Schwartz Web Site www.yu.edu /csl/law Romie Shapiro Leon Silverman Rachel L. Warren Sigg, B. Wilzig Selig A. Zises

Honorary Directors Morris B. Abram Joseph Appleman Hon. Marvin E. Frankel Hon. Stanley H. Fuld Prof. Milton Handler Prof. Louis Henkin Samuel J. Heyman Edgar J. Nathan Ill

COVER PHOTO, BOB GRUEN • STAR FILE