The FALL 2012|ALUMNI MAGAZINE TOUROLAWYER Touro Law Making a Difference -- Locally, Nationally, Internationally

Faculty, students and alumni are engaged and involved in the community and world around them.

ALSO INSIDE: • Farewell Message from Dean Raful • Welcome Dean Salkin • Recap of Dreyfus Conference THE TOURO LAWYER

DEAN AND PROFESSOR OF LAW Patricia E. Salkin

ASSOCIATE DEAN FOR ACADEMIC AFFAIRS AND FACULTY DEVELOPMENT AND PROFESSOR OF LAW Deborah Post

ASSISTANT DEAN FOR INSTITUTIONAL ADVANCEMENT Linda Howard Weissman

DIRECTOR OF DEVELOPMENT AND ALUMNI RELATIONS Kristin Matthews

DIRECTOR OF COMMUNICATIONS Patti Desrochers

ASSISTANT DIRECTOR OF GRAPHIC DESIGN Kimberly Newman

SPECIAL EVENTS COORDINATOR Courtney Klein

ANNUAL FUND COORDINATOR Caitlin Uihlein

DEVELOPMENT ASSOCIATE Vanessa Steil

The Touro Lawyer is published by the Office of Institutional Advancement Touro Law Center for its alumni, faculty, students, staff and friends. Correspondence should be directed to: Patti Desrochers Jacob D. Fuchsberg Law Center 225 Eastview Drive Central Islip, NY 11722 [email protected]

Copyright 2012 Touro College Jacob D. Fuchsberg Law Center Contents 2 Farewell Message from Dean Raful 3 Welcome to Dean Patricia E. Salkin 4 News and Events 10 CLE Recaps 12 PERSECUTION THROUGH PROSECUTION: ALFRED DREYFUS, LEO FRANK AND THE INFERNAL MACHINE 3-day conference in , Overview of papers by: Rodger Citron, Charles Dreyfus, Steve Oney and Steven Erlanger 20 MAKING A DIFFERENCE - 22 Locally, Nationally, THE GUY WHO WROTE THE BOOK Internationally Professor Hal Abramson is the international expert on mediation representation, and the author of the most widely used mediation representation book in law schools 26 DEAN GLICKSTEIN’S LEGACY IN BALI By David Sperling ’94 28 CHILDREN, PARENTS & THE STATE: The Construction of a New Family Ideology By Professor Deseriee Kennedy 31 Faculty Notes 40 Alumni Council 46 Class Notes Message from Dean Raful

This is my final letter as dean to alumni and friends of Touro College Jacob D. Fuchsberg Law Center and it is important to me to write this note of thanks to each of you. I want to write a letter that rises above clichés and platitudes so I can express to the Touro Law community how much your support and friendship has meant to me. My eight years as dean have been exciting and challenging, and I think that together we made some headway in the life of Touro Law, reaching a new level of maturity and significance as an institution of higher education.

I have said publicly on numerous occasions that meeting alumni has been one of the very best parts of this job. Getting to know the alumni from the very earliest years of “survival” in the building, to the sometimes hilarious and heartwarming stories of the move to Huntington, has made the progress of the school and the achievements of the alumni from those first classes that much more impressive. I have always felt that our alumni, supporters, donors and friends were enthusiastic as we tried to build a law school that taught the law and made a difference in our community. We are still one of the youngest law schools in the State of , but people know who we are, and the legal community knows that our graduates are extremely capable counselors at law. Over and above our success on the bar exam and in admissions quality and placement rates, the school stands for something, and that is good.

Of course none of this would have been possible - for me or for Touro Law - without my friend Howard A. Glickstein. He is a gentleman and a real scholar. Inside of him burns a passion for justice and for educating young men and women to care about practicing law in a professional, ethical and spiritual manner. All of us like to take advantage of Dean Glickstein’s good humor and warm personality with some kidding and fun, but none of us should ever forget or take for granted what he accomplished in his 18 years as dean, during times that were sometimes a real struggle. His guidance and mentoring have meant so much to me these past years. He is, as we say, a mensch.

I have really enjoyed my work with our faculty, and especially two important components of that group, our legal writing and clinical faculty. I adore the Gould Law Library staff, a professional group of people who really care about service to the faculty, the students and the public. And I am forever indebted to our Law Center administration and staff. They are the very best, working hard to fulfill our mission. And I am fond and thankful, of course, of and for my colleagues, past and present, in the Dean’s Suite – they have become lifelong friends.

I want to close by returning to the alumni. I have not met every graduate of the school, but I have met many, and I thank each of you for your interest in what we are doing here. After all, it will always be YOUR school, and I was merely a steward for a few years. I hope I helped steer the ship in the direction that you wished for your alma mater to go, and I hope that you will continue to support Touro Law Center. Our new dean, Patty Salkin, is wonderful. She cares deeply about our future and I hope you have a chance to meet her soon.

I look forward to my years to come on the Touro Law faculty, so we will stay in touch. Thank you from the bottom of my heart for being a friend.

Sincerely,

Lawrence Raful Dean and Professor of Law Welcome Dean Salkin

The Touro Law Center community is pleased to welcome Patricia E. Salkin as our 5th and first female Dean. She brings with her vast academic and government experience as well as much enthusiasm for legal education, scholarship and the legal profession.

For the past two decades, Dean Salkin was at , serving most recently as the Raymond & Ella Smith Distinguished Professor of Law as well as Associate Dean and Director of the Government Law Center. A nationally recognized scholar in the fields of land use and community development as well as government ethics and municipal law, she is the author of hundreds of books, articles and columns. A leader in the legal profession, she is a member of the ABA House of Delegates and the Standing Committee on Government Affairs; a past chair of numerous national and state bar sections, committees and task forces; and she continues active involvement in numerous professional and community organizations.

Since her tenure began on July 30, 2012, Dean Salkin has hit the ground running. Her schedule has been packed with meetings – and not just ABA and NYSBA meetings, but To reach out to appointments with alumni, students, staff, faculty and other members of the Touro Law Dean Salkin – community. She looks forward to meeting and greeting as well as networking on behalf of Touro Law in the coming months. or send her a welcome She stated, “Once I took the time to really learn about Touro Law Center, I knew this is message, please feel free where I wanted to be. This is a place with a heart and soul and a commitment to social justice, rule of law and to excellence in teaching the future leaders of our profession how to email her directly at to be exceptional counselors and advocates. I hope to spend time getting the word out [email protected]. about the innovative, meaningful and inspiring work our students, faculty and alumni are engaged with on behalf of public, private and non-profit sectors – while continuing to She also welcomes you build upon the foundation set by my predecessors. This truly is a special place.” to connect with her Dean Salkin’s agenda for the coming months is aggressive. She plans to work with the faculty on curricular opportunities, focus on excellence in teaching and scholarship, on Facebook at Dean increase Touro Law Center’s visibility and reputation, enhance resources for student Patricia Salkin, on scholarships and build strategic collaborative programs with other schools and departments of Touro College. Since becoming Dean, she has been appointed to the Linkedin at Patricia Bar Task Force on New Lawyers in a Changing Profession, providing another platform for participating in the ongoing dialogue about changes in the legal profession and in legal Salkin, and to follow education. her on Twitter In a word, Dean Salkin is dynamic. We hope you will join us in welcoming Dean Salkin @DeanSalkin. to the Touro Law family. 4 News and Events The Touro Lawyer Fall 2012

Congratulations Class of 2012! Fall 2012 The Touro Lawyer News and Events 5 6 News and Events The Touro Lawyer Fall 2012

Touro Law Center Enters Scholar Exchange Program with the School of Law at the Netanya Academic College in Israel

Touro Law Center has entered into a Scholar Exchange Program with the School of Law at the Netanya Academic College in Israel. This exchange was facilitated by the two deans, Dean Lawrence Raful of Touro Law and Dean Sinai Deutch of Netanya Academic College. Netanya, the largest city on the road between Tel Aviv and Haifa, not only lays claim to a stretch of beautiful beaches, but is also home to the Netanya Academic College. The College has over 1,200 students, and it is now the third largest center for legal studies in Israel.

The Scholar Exchange had its first iteration with the visit by two scholars from Touro Law Center at Netanya’s law school in Israel. Professor Barbara Swartz and Professor Lewis Silverman spent a week in Israel in early December 2010 with the students and faculty of the Netanya Academic College. Both professors are experts in the area of family law, and spoke in law school classes, interacted with student organizations, and did a joint presentation to the faculty on the use of mediation and other forms of alternative dispute resolution of conflicts in family situations.

Two scholars from the Netanya Academic College visited Touro Law Center in February, Professor Hadara Bar-Mor, who also serves as the Vice Dean of the Faculty of Law, and Dr. Ruth Plato-Shinar. Professor Bar-Mor teaches in the areas of corporations, not-for-profit law, and women and the law, and Dr. Plato-Shinar is one of the leading Israeli authorities in the field of banking law. The two Israeli scholars presented to Touro Law’s faculty, and participated in Touro Law’s Court Observation Program, accompanying first-year students to a court proceeding and having lunch with them and the federal judge who adjudicated the case.

Deans Raful and Deutch are confident that the Scholar Exchange Program will create a bridge between the two law schools, and the two legal cultures as well. “Touro Law has an active interest in Israel due to our Jewish tradition. We run one of the most successful American Bar Association- approved summer study abroad program for law students in Jerusalem,” said Dean Raful. “This Scholar Exchange Program is another way for Touro Law to reach out to the legal academy and legal profession in Israel, and we are very excited that the Netanya Academic College’s School of Law has shown such an interest in this creative collaboration.” Fall 2012 The Touro Lawyer News and Events 7 The Conference of Religiously Affiliated Law Schools Held May 2-4, 2012 Leading Scholars, Judges, Attorneys Examine Religion in the Law School, the University and the Practice of Law

Touro Law Center hosted the Conference of Religiously Affiliated Law Schools from May 2 – 4, 2012, which examined a number of important questions related to the place of religion in law schools, universities, and the practice of law.

Leading scholars from across the country, representing a wide range of universities and religious traditions, gathered together with nationally renowned judges and lawyers, to examine important issues and foster discussion about the place of religion in the law school, the university, and the practice of law. Sessions at the conference explored these questions from a variety of perspectives, as speakers included university presidents, prominent prosecutors and judges, and law professors. Specific topics of discussion included, among others: the relationship between the religiously affiliated law school and the university; bringing religion into the classroom; law and religion programs and institutes; and the role of religion in the work of public interest lawyers.

A Gala Dinner was held on Thursday evening at the Alfonse M. D’Amato Courthouse for the Eastern District of New York with a keynote address by the Honorable Loretta A. Preska, Chief Judge of the United States District Court for the Southern District of New York. A luncheon on Thursday featured a keynote address by Nathan Lewin, who has argued 28 cases before the United States Supreme Court, including many landmark cases protecting religious liberties.

“I think we hosted a meaningful and thought provoking event for those who wish to examine the role of religion in law, higher education and society,” said Samuel J. Levine, Professor of Law and Director of the Jewish Law Institute at Touro Law Center. “It was a great success and brought people from around the country to Touro Law.”

The Conference of Religiously Affiliated Law Schools is held every two years, and in the past has been held at: Marquette, Regent, St. John’s, Pepperdine, Notre Dame, Baylor, College, and Brigham Young University. This year marked the first time the conference was held at a school with a Jewish affiliation. 8 News and Events The Touro Lawyer Fall 2012 Providing Disaster Relief Legal Assistance in &

uring winter and spring breaks, Touro Law Dstudents traveled to the Gulf Coast region. They provided pro bono legal assistance to those in need, working with various organizations in their ongoing recovery efforts from a series of catastrophic natural disasters that have plagued that region.

During the week of January 9, 2011, members of the Student Disaster Relief Network (SDRN) provided legal assistance to residents in New Orleans, Louisiana, and Biloxi, Mississippi. Both gulf coast regions have been devastated by hurricanes Katrina and Rita, and most recently by the BP oil spill. As a result of the disasters that befell this region, tens of thousands of regional residents have incurred financial ruin, and have been thrust into the need for civil legal assistance. On April 22, 2011, SDRN members toured the Lower Ninth Ward guided by faculty advisor, Jack Evans. Here Two groups of SDRN students worked for local legal they are pictured on an observation deck that sits atop a services organizations to provide civil legal assistance section of the old levee (still in use), overlooking Cypress under the immediate supervision of local legal services Triangle. Cypress Triangle was destroyed by the Mississippi attorneys. The students conducted legal research and River Gulf Outlet, and no Cypress trees are left standing. In analysis, client intake, attended court hearings, and January, SDRN students examined the Army Corps of provided other vital legal assistance to these Engineers' restoration plan's environmental impact statement overburdened legal service providers. These students for violations of the National Environmental Policy Act, other federal environmental laws, and pertinent environmental were exposed to the distinctions between Louisiana’s agency regulations. unique civil law-based legal system from the common law-based legal systems found in the other 49 states. students improved the quality of services provided, The areas of law in which the students assisted ranged and expedited the rate at which local residents are from major federal equal protection claims under the being served. 14th Amendment of the U.S. Constitution in an A third group of SDRN effort to reopen a Biloxi “It is wonderful to see so many students dedicated to advocating for the rights of students worked with a local elementary school; to more grassroots organization, direct client-based underrepresented communities and individuals “Common Ground Relief”. representation in social in this country, and using their specialized Under the guidance of faculty security appeals, family law skills and knowledge to make a substantial advisor, Jack Evans, Esq., the issues, and landlord/tenant positive impact.” students provided legal rights claims for residents of assistance to the Algiers New Orleans; to assisting in Jack Evans, Esq. community of Orleans Parrish community outreach and Faculty Advisor for the Student Disaster Relief and the lower ninth ward development, regarding a through investigating claims of proposed expansion of the Network trips to the Gulf Coast and Staff Attorney for the Public Advocacy Center misappropriation of federal Port of Biloxi. The students' funds, and unlawful assistance was invaluable in discriminatory practices by relieving some of the strain that these legal services federally funded housing organizations. Further, the offices have been dealing with in the aftermath of the group examined the Army Corps of Engineers’ region's recent devastating events. Concurrently, the Fall 2012 The Touro Lawyer News and Events 9

Mississippi River Gulf Outlet Restoration Plan proposal, and inspected it in light of federal environmental laws for possible comment. Students also met with the National Wildlife Federation to gain more scientific and legal knowledge concerning this complex legal analysis. This group of dedicated students is continuing to assist in applying for funding to support the Algier’s community cultural arts, and attempting to procure modern computers for the Algier’s community center, which provides residents with GED courses as well as other educational, health, and social assistance.

On April 17, 2011, another smaller group of SDRN members arrived in New Orleans, Louisiana, and Students explaining their research and documents to Malik focused their efforts solely on assisting the residents of Rahim, co-founder of Common Ground Collective, Common New Orleans Parish. Divided into two groups, ten Ground Relief, and Common Ground Medical Center, students continued SDRN’s commitment to assisting founded in the wake of Hurricane Katrina. Southeast Louisiana Legal Services. The students conducted client intake, attend court proceedings, researched a variety of specific issues at law, including Advocacy Center. “It is wonderful to see so many Domestic Violence, Social Security, Divorce, and students dedicated to advocating for the rights of other issues. The onslaught of natural disasters and the underrepresented communities and individuals in this financial issues they have caused are readily apparent country, and using their specialized skills and in the numerous Family Law issues with which the knowledge to make a substantial positive impact. I students have provided assistance. believe Malik Rahim, co-founder of Common Ground Collective, Common Ground Relief, and The other group of students continued SDRN’s Common Ground Medical clinic, said it best when he commitment to assisting “Common Ground Relief” told the students that just before Touro’s SDRN and its umbrella non-profit “Common Ground students first started helping, he was contemplating Collective.” The students in this group went into the throwing in the towel, and that Touro Law’s students’ community and spoke with fishermen whose lives had assistance has given him the courage to continue been torn apart by the BP Oil Spill. Under the fighting for environmental justice and equality.” guidance of Faculty Advisor Jack Evans, the students began their week by drafting a Gulf Coast Claims Interim Relief form for a particular client. The students assisted a family facing eviction from their Touro Law Center hopes to send another group of Section 8 housing, by researching and providing an students to the Gulf Coast this year to continue the informational memo to help the mother understand vital work done by previous students. However, the her rights, the court procedures, and what defenses she law school budget is very tight. If you have been moved might have from the facts the students gathered. In by the above activism, or are an alum who benefited their final project of the week, the students researched from one of these trips, please consider a donation to and explained the rights and claims a non-profit organization has, and the legal procedure required to help support the program. enjoin the unauthorized use of its name by a wholly separate entity. If you are interested in making a donation in any amount to this program, please call Assistant Dean for “Touro Law students really made a difference through Institutional Advancement, Linda Howard Weissman their efforts and volunteer work in the Gulf Coast at (631) 761-7061 or email [email protected]. region,” said Jack Evans, Esq. faculty advisor for the two trips, and staff attorney in Touro Law’s Public 10 News and Events The Touro Lawyer Fall 2012 Conference and Continuing Legal Education Recaps

Touro Law Center hosted several academic conferences throughout the past years. Below is a brief recap of these conferences. Check our web site for conferences being planned for the upcoming year!

THE IMMIGRATION REFORM DEBATE:GETTING BEYOND THE RHETORIC (September 16, 2010) This CLE program, worth three CLE , provided an overview of Immigration Law and analyzed the constitutionality of the recently enacted Arizona Law and other state and local laws designed to address immigration related issues. The conference explored the practical realities, limitations and misconceptions faced in addressing immigration related issues. Thomas R. Suozzi, former Nassau County Executive, was the featured speaker.

22nd ANNUAL LEON D. LAZER SUPREME COURT REVIEW October 2009 Term Ending June 2010 (November 5, 2010) The October 2009 Term of the Supreme Court commenced the first year of Justice Sotomayor’s term and the last year of Justice Stevens’ 35 year tenure. With the Roberts Court having completed it’s fifth year, the Court moved significantly to the right. The case that created the greatest potential for imparting the nation’s political power was Citizen’s United v. Federal Elections Commission in which the Court overruled its own precedent and held that under the First Amendment corporations were free to make independent expenditures in elections. Other prominent cases included the Court’s holdings that the Second Amendment applied to the states, and that the Federal statute prohibiting material assistance to terrorist organizations does not violate the First Amendment. Significantly, the Court also held that a public college could deny recognition to a student group that discriminated based on religious and sexual orientation. Among the criminal law and procedure cases were three holdings that substantially curtailed Miranda protections; declared that a life without parole sentence on a juvenile for a non-homicide offense was cruel and unusual punishment, and limited the “honest services” federal statute involved in the Enron scandal to bribery and kickbacks. In something of a surprise, the Court permitted equitable tolling of the one year statute of limitations on Federal habeas corpus petitions where the lawyer error was egregious.

There was a whole series of lawyering cases, including a limitation on attorneys’ fees for exemplary services under a civil rights fee shifting statute; denial of appeal of an adverse attorney - client privilege ruling; the criminalization of the giving of certain advice to clients contemplating bankruptcy; and at least four cases dealing with claims of ineffective assistance of counsel, including the obligation to inform defendants of the potential for deportation. Other cases of significant interest dealt with employment discrimination; the commitment of “sexually dangerous” persons after completion of their prison sentences and, in another First Amendment case, allowing a cross to remain in a Mojave Desert park. Among the large number of business cases were rulings that in a diversity case, a corporation’s principal place of business is its corporation headquarters; that an exclusive franchise (for football paraphernalia) granted by the National Football League fell within the coverage of Sherman Act; and important decisions dealing with patents, arbitration, class actions, and takings of property.

These and many other cases were discussed and analyzed by a distinguished panel of jurist constitutional scholars, and civil rights experts. This highly successful program is now in its 22nd year. Fall 2012 The Touro Lawyer News and Events 11

THE SOCIAL EVOLUTION OF MARRIAGE:WHAT’S NEXT FOR SAME SEX MARRIAGE IN NEW YORK? (March 8, 2011) This three CLE program provided an overview of legal issues and options concerning same-sex marriage in New York. There were presentations on recent and past litigation involving the rights of same sex couples to marry, alternatives available to same-sex couples offering certain legal protections and benefits akin to marriage (such as domestic partnerships and out of state marriages) and legislative attempts over the years to legalize marriages between people of the same gender.

ALTERNATIVE WORKPLACE SCHEDULES (April 29, 2011)

Alternative workplace practices such as telecommuting, job sharing, flex-time schedules, part-time and compressed schedules are increasingly popular within the legal profession. Such practices can benefit both the employer or firm and the attorneys who work for them, but only if employers and employees understand how to properly implement these practices by avoiding the legal, ethical, and practical pitfalls of such working arrangements. This CLE, was taught by attorneys with actual experience with these practices, instructed attendees on the nuts and bolts of such alternative work arrangements, how to successfully negotiate such employment arrangements, how to avoid potential risks and challenges that might arise, and, most importantly, how to implement such an arrangement so that it is mutually beneficial for the employer, the employee and the clients, even in small firm settings. Alternative work scheduling is becoming a significant factor in the future of the legal profession.

INTEGRATING RESTORATIVE PRACTICES INTO OUR JUSTICE SYSTEM (NOVEMBER 18, 2011) Conflict is inevitable, whether it be between nations or individuals. It typically occurs when there are seemingly conflicting needs, and often involves a breakdown in communication. Parties usually do not know how to their needs met without disregarding the needs of the other. This creates a win-lose scenario. Restorative practices offer a peaceable intervention to resolve the impasse. This 5 hour CLE explored integrating restorative practices into our justice system. This CLE was taught by judges and attorneys with actual experience with these practices.

2012 ETHICS UPDATE WITH DEAN LAWRENCE RAFUL (June 29, 2012) The Alumni Association of Touro Law Center hosted a CLE on Ethics with Dean Lawrence Raful on June 29, 2012. This two credit CLE program provided updates on new cases and rules concerning attorney advertising and the use of e-mail to clients. The program concentrated on working through a set of hypotheticals which brought to light common mistakes made by attorneys with regard to the New York Rules of Professional Responsibility, and how the resolution of these hypotheticals might be different under the new rules of ethics proposed by the New York State Bar Committee on Standards of Attorney Conduct (COSAC) Committee. TIC US E PERSECUTIONTHROUGH J PROSECUTION: IA D E

M DREYFUS ALFREDDREYFUS, AFFAIR POLIT IC LEOFRANKAND S The Cogs of the Infernal Machine – THEINFERNALMACHINE Justice, Media, and Politics

OVERVIEWANDINTRODUCTION BYPROFESSORANDCONFERENCECO-ORGANIZERRODGERCITRON

3-day conference in Paris, France Touro Law Center’s commitment to the pursuit of July 5 - 7, 2011 justice and the study of law in other countries has led it to host significant conferences in (to explore the Wannsee Conference in Germany during World War II) and Nuremberg (to examine the Nuremberg Trials after World War II). Touro demonstrated that commitment again in July 2011, when it hosted a three-day conference on the Alfred Dreyfus and Leo Frank Affairs in Paris, France.

The conference was held at a number of historical sites in Paris – including the École Militaire, France’s Royal Military Academy; the French Senate; and the Cour de Cassation, the highest court in the French judiciary – and featured many prominent speakers. In the pages that follow, we present the remarks of three of those speakers: Charles Dreyfus, grandson of Alfred Dreyfus; Steven Erlanger, Paris bureau chief of ; and Steve Oney, author of And the Dead Shall Rise: the Murder of Mary Phagan and the Lynching of Leo Frank, a compelling and comprehensive account of the Leo Frank case.

The theme of the conference, developed by the Hon. Sol Wachtler, was persecution through prosecution. Perhaps no case so clearly presents that theme as that of Alfred Dreyfus. The Dreyfus Affair began in 1894 when Alfred, a Jewish French officer, was falsely charged with treason. He then was convicted on the basis of flimsy evidence (including forged documents) in a secret court- martial proceeding and sentenced to prison on Devil’s Island. Anti-Semitism played a critical role in the military’s decision to charge and then convict 3 days... Dreyfus. • Three days to learn how… • Three days to examine why… • Three days to understand by whom… The Dreyfus Affair became the “Machine Infernale.” Persecution through prosecution is certainly not an exclusively French phenomenon. As the case of Leo Frank demonstrates, the United States of America has its own history of justice led astray by passion and prejudice. Frank, a Jewish factory superintendent in Atlanta, was convicted in 1913 of the murder of Mary Phagan, a 13-year old girl who had worked in the factory and was found murdered there. The case against Frank was questionable but he nevertheless was found guilty and sentenced to death. The Governor of Georgia was persuaded to commute Frank’s sentence to life imprisonment in June 1915. Two months later, a lynch mob seized Frank from prison and drove him to Marietta, Georgia, where he was hanged from a tree. As Steve Oney discusses, the Frank affair cast a pall over Georgia for decades and continues to remind all of us of the need to “strive to be fair, vigilant, and just.”

Along with Charles Dreyfus, Steven Erlanger, and Steve Oney, Professor Rodger Citron with Steve Oney journalist and author of among the other speakers at the conference were: Simone Rodan- And the Dead Shall Rise: the Murder of Mary Phagan and the Lynching of Leo Frank Benzaquen, Paris representative for The American Jewish Committee (AJC); Francois Zimeray, French Ambassador for Human Rights; Martine Le Blond Zola, great granddaughter of Despite the extraordinary hostility for a Jewish officer convicted of Emile Zola; Charles Hynes, Brooklyn District Attorney; Bishop treason, Dreyfus’s family nevertheless rallied supporters to their Francis Deniau, Bishop of Nevers; Theo Klein, founding president campaign to clear Alfred’s name. The publication in 1898 of Emile of the European Jewish Congress; and Samuel Pisar, international Zola’s “J’accuse,” a lengthy newspaper article denouncing Dreyfus’s lawyer, author, and advocate. conviction, marked a turning point in the affair. Eventually – despite a second conviction before a military tribunal based upon even more The conference was co-sponsored by the American Jewish bogus evidence – Dreyfus was pardoned by the President of the Committee (AJC), the Representative Council of French Jewish French Republic. Subsequently, Dreyfus was fully exonerated by the Institutions (CRIF) and SciencesPo, and received the high patronage Cour de Cassation. Charles Dreyfus’s article elaborates on his of Mr. , President of the French Republic. SNCF, grandfather’s experience and includes a moving description of his the French National Railway Corporation, provided generous own visit to Devil’s Island. support for the conference. Vincent Duclert, an associate professor of history at the Ecole des Hautes Etudes, provided substantial advice As the Dreyfus case progressed, it developed into an extraordinary and assistance to the Conference Organizing Committee (which political affair. As Steven Erlanger explains, the affair should be included Judge Wachtler, Dean Emeritus Howard Glickstein, understood in its historical context; in that light, it was “the Associate Dean Linda Howard Weissman, and Professor Rodger culmination of a long cultural war that pitted democracy and Citron). science” against “Roman Catholicism and monarchism.” Furthermore, as Erlanger notes, the conflicts of that cultural war continue to resonate in contemporary France.

RODGER CITRON Professor of Law, Touro College Jacob D. Fuchsberg Law Center

Rodger Citron is a Professor of Law at Touro Law Center. He is a graduate of Yale College and Yale Law School and was a law clerk for the Hon. Thomas N. O’Neill, Jr., of the U.S. District Court for the Eastern District of Pennsylvania. Professor Citron’s law review articles have been published in the South Carolina Law Review, the Law Review, and the Administrative Law Review, among other journals, and he also has written for Slate, the National Law Journal, and the Hartford Courant. He teaches Civil Procedure, Administrative Law, and Jurisprudence at Touro Law. 12 Featured Article The Touro Lawyer Fall 2012

PERSECUTIONTHROUGHPROSECUTION: ALFREDDREYFUS,LEOFRANKANDTHEINFERNALMACHINE THEMANIPULATIONOFJUSTICEANOVERVIEWOFTHEDREYFUSAFFAIR BYCHARLESDREYFUS

that Captain Dreyfus not be made to endure public disgrace a second time.

Although the court’s deliberations were theoretically secret, the names of the two judges who had voted for acquittal were quickly known and disseminated by the press. They were Colonel Jouaust, presiding officer of the court, and Commandant de Breon. The latter supposedly spent many hours in church before each hearing, meditating upon his decision. I believe that his meditation was more on the risk of ruining his own career if he acted in accord with his conscience than on Dreyfus’ innocence or guilt. Several years ago, I met his grandson in Rennes. He told me that not only was his grandfather’s career stalled until his early retirement, but also that he was scorned by polite society in Rennes’ day. As for Colonel Jouaust, about to rise to the rank of general, he was never granted his promotion and was encouraged to take his retirement several months after the trial. Alfred Dreyfus with his grandson Charles and his sisters This second conviction created a shock-wave in France, but even One of the analogies between the Dreyfus and Leo Frank cases, more so abroad. “In the days immediately after the unjust Rennes besides the close resemblance of their wives’ names--Lucie and verdict,” Alfred Dreyfus wrote in his memoirs, “I received Lucille, each a tireless supporter of her husband-- is that both thousands of telegrams and letters, from every part of France and the defendants were granted pardons: Alfred Dreyfus a few days after his whole world, indignant protests against this injustice from all people second conviction in Rennes; Leo Frank seventy years after the of good conscience.” commutation of his death sentence to life in prison and his savage murder. But whereas Dreyfus, after years of struggle, lived to see his In the period leading up to the 1900 Paris World’s Fair amid rumors innocence acknowledged, Frank’s innocence was never recognized. of a boycott against it, the government decided to offer Alfred Dreyfus a presidential pardon, provided that he withdraw his appeal But let us return to Dreyfus’s pardon. to the military high court.

Although the judges of the first court-martial in 1894 used illegal When his brother Matthieu came to inform him of this offer at his methods amounting to abuse of authority in order to arrive at their prison cell in Rennes, Alfred Dreyfus’ first reaction was to refuse it. verdict, one might, in a spirit of leniency, give them the benefit of “I didn’t need pardon, I thirsted for justice.” Acceptance for him the doubt and presume that they were convinced of Captain was tantamount to an admission of guilt. Dreyfus’ guilt. Hadn’t their own minister assured them on this very point? But Matthieu, informed by the physicians who had examined his brother that prolonged imprisonment would mean his death, finally However, by 1899 at the second court-martial in Rennes, it is convinced him that, as a free man, he could more effectively fight difficult to believe that the judges, even those blinded by prejudice, for justice to be restored to him at long last. didn’t know that he was innocent; but they certainly were aware that all the officers who had cast doubt on Dreyfus’ guilt (most Upon his return from Devils’ Island, Alfred Dreyfus, in his own notably Commandant Forzinetti, director of military prisons, and of words, was “totally exhausted by five years of hideous physical and course Colonel Picquart) were subjected to the wrath of the high mental torture and wanted to live in order to fulfill his duty to the command and saw their careers wrecked or severely damaged. end and pursue the legal over-turning of his trial.” In his book, L’Affaire, Jean-Denis Bredin, describes him at the time of his return Thus, at the Rennes court-martial, Alfred Dreyfus was sentenced by to France as an old man. He was not yet 40! a 5-2 vote to ten years of detention for high treason, with extenuating circumstances. “Since when,” he exclaimed, “are there On the 100th anniversary of his deportation to the penal colony in extenuating circumstances for the crime of treason? This verdict Guyana, I was invited to go to Devils’ Island where I was able to clearly shows the judges’ malaise.” visit the two huts where my grand-father had been held for more than 1500 days. When, in November 1898, the criminal division of Indeed, these judges were so troubled that, contrary to custom, they the Supreme Court (la Cour de cassation) had ruled admissible the held a closed-door session the following day to request unanimously review of the first court-martial’s verdict, he was allowed to move Fall 2012 The Touro Lawyer Featured Article 13 about in the entrenched camp surrounding his hut on Devils’ Island. This is precisely the campaign that Leo Frank could not wage. The “I saw again,” he wrote in his memoirs, “the sea that I hadn’t seen Georgia State Board of Pardons and Paroles formally acknowledged for more than two years; I saw again the sparse greenery of the this when it pardoned him on March 11, 1986, on these grounds: islands; my eyes could rest on something other than the four walls of “Without attempting to address the question of guilt or innocence, my hut.” Today, the island is overgrown with vegetation but at that and in recognition of the state’s failure to protect the person of Leo time, for security purposes, it was closely mown and practically M. Frank and thereby to preserve his opportunity to appeal his barren, which made conditions all the more grueling. I spent long conviction, the Board hereby grants to Leo M. Frank a pardon.” moments in these cells, looking with great emotion at the walls which for so many long years were his only horizon and I could **** gauge the brutal physical and moral tortures that he describes. Today we are at the Ecole Militaire, only a few dozen meters from Alfred Dreyfus, persuaded by his brother’s arguments, reluctantly the courtyard where, on January 5, 1895, before a frenzied crowd, accepted the pardon. With Jean Jaures, he drafted a text to be made Alfred Dreyfus endured the dreadful ordeal of public disgrace, and public: “The government of the Republic is giving me back my also near the spot where on July 20, 1906, he was reinstated into the freedom. It is nothing to me without honor. As of today, I will army and decorated with the Legion of Honor. continue to pursue the correction of the dreadful judicial error of which I remain the victim. I want France to know through a These two events are engraved on a plaque unveiled by the Minister conclusive verdict that I am innocent. My heart will only be at peace of Defense in 1998, which bears Zola’s famous statement: “Truth is when not one single Frenchman thinks me responsible for a crime on the march and nothing will stop it.” This plaque in tribute to committed by another.” Alfred Dreyfus hangs in the vestibule of one of the main entrances to the Ecole Militaire and I hope that you will have an opportunity to The pardon, soon followed by an amnesty, a kind of quid pro quo go see it there. called for by the anti-Dreyfusards, caused a schism in the Dreyfusard camp. The author Charles Peguy, who not long before had lavished I will end my remarks, as I customarily do, by quoting a few lines praise upon Alfred Dreyfus, exclaimed several years later: “We from my grandfather’s memoirs. After describing this second would have died for Dreyfus, Dreyfus didn’t die for Dreyfus.” ceremony of reinstatement at the Ecole Militaire, he concludes: “It George Clemenceau, in a journal he edited, wrote on July 2, 1902 was a beautiful day of healing for France and the Republic. My case “that because Dreyfus had accepted the pardon, M. Waldeck- was at an end. Even if all those still alive who had fought for justice Rousseau (Prime Minister) could stop moving toward justice with had not been able to reap a reward for the suffering they went the help of the defendant himself.” Dreyfus rushed to Clemenceau’s through in the name of truth, they would surely find it in the quiet house to have him explain this incomprehensible sentence. satisfaction of their own conscience and in the esteem they earned in Clemenceau said that “it wasn’t criticism but rather his opinion that the eyes of their contemporaries because of their sacrifice. And even acceptance of the pardon had been the death of the affaire in popular if they seem forgotten, fate did not mistreat them, because they opinion. fought not only for a specific cause, but also contributed in large measure to one of the most courageous stands for justice the world Of course, he was mistaken and I believe doubly so. History has has ever witnessed-- a stand that will echo far into the future, amply proven that the affaire was not dead and if Dreyfus had refused marking a turning point in the history of humanity, an enormous the pardon and perished in his jail cell, would the posthumous step toward an era of immense progress for the ideas of freedom, centenary of his rehabilitation ever have been celebrated? justice and social solidarity.”

Henri Borlant, a survivor of the death camps, spoke in many schools CHARLES DREYFUS during the 1990s about what he had lived through; at the end of Grandson of Alfred Dreyfus, Vice President of Maison Zola - Musée Dreyfus these dramatic presentations, the young students were asked to write in a notebook what they had felt. One wrote simply: “Thank you Charles Dreyfus was born in 1927 and lived in Paris until the armistice of for surviving.” I think that such a thank you could also be addressed 1940 and the occupation of France. His family then moved to Marseilles, in to Alfred Dreyfus for whom death, during his years of exile, would the so-called free zone, and then was “very fortunate” to be able to emigrate have meant deliverance. He often yearned for it and his enormous to America in June 1942. Soon after his 17th birthday, he enlisted in the merit was to live, to live so that his honor would be restored to him, French army and after a short training period in Fort Mead, Maryland, for the love of his wife and children, and for his unwavering faith in sailed for France. After the war, Mr. Dreyfus completed his studies and began the eventual triumph of the truth. his professional life in the automobile industry. He later worked in the pharmaceutical industry, for an American firm with responsibilities in Europe I have said that there were analogies between the Dreyfus and Frank and Africa, and made many visits to the company's headquarters in cases. But there is one fundamental difference: when they were New York. granted pardon, Alfred Dreyfus was still alive but Leo Frank had died. This is how Alfred Dreyfus could fight seven years to see his In the second half of his career, Mr. Dreyfus returned to his family's innocence proclaimed. As soon his health permitted, he devoted all traditional field: textiles. At the time of his retirement in 1995, he was his energy to find “the new fact” needed to challenge the Rennes responsible for a medium size spinning and weaving mill located in the east of verdict before the Supreme Court, which finally happened on France, not far from the birthplace of Alfred Dreyfus. Charles Dreyfus is vice- December 25, 1903, four years after his second conviction. Alfred president of Maison Zola - Musée Dreyfus. Dreyfus speaks of this daily battle in his recently reedited Carnets. The Touro Lawyer wishes to thank Cheryl Weisberg for translating the text of Mr. Dreyfus’s speech from French to English. 14 Featured Article The Touro Lawyer Fall 2012

PERSECUTIONTHROUGHPROSECUTION: ALFREDDREYFUS,LEOFRANKANDTHEINFERNALMACHINE DUEPROCESSOFLAWANDTHETRIALSOFLEOFRANK (THEAMERICANDREYFUS)ANDALFREDDREYFUS BYSTEVEONEY

Early in my research for And the Dead Shall Rise, Alan Marcus, by this point an old man, told me about the morning he and his brother buried Lucille’s ashes. We were sitting at a restaurant in St. Petersburg, Florida. He was quiet and calm, but I immediately realized the emotional importance of the story. It bespoke the enduring impact of the Frank lynching on Atlanta’s Jewish community. Here it all was – the trauma, the denial, and the apprehension that the hostility that had exploded in 1915 could explode again. Was this an irrational fear? I think not. In the late 1950s, the Temple, Atlanta’s main reform synagogue, was bombed. No one was injured, but for Southern the attack was terrifying, reinforcing the view that the passions unleashed by the Frank case were alive. It was best not to raise the subject.

The same week Alan Marcus told me about Lucille’s anonymous burial, I traveled to Sarasota, Florida, to visit an aging lawyer named Eugene Clay. I had been corresponding with Gene, a native of Marietta, the Atlanta suburb where Leo Frank was lynched, for months. He knew why I was coming, and he did not relish the prospect. No sooner had he ushered me into his office than he began crying. “Yes,” he said, “I believe my father was one of the men responsible for the lynching of Leo Frank.”

Herbert Clay, Gene’s father, was the chief prosecuting officer for the old Blue Ridge Circuit Court, which included Marietta. He was part of the small, powerful group that masterminded the Frank lynching. Among his compatriots were a former Georgia governor, a superior court judge, and a sitting state legislator. These men organized the 25-member party that abducted Frank from a state Shortly before dawn one morning in the mid-1960s, fifty years after prison deep in the heart of Georgia without firing a shot, drove him the lynching of Leo Frank, two middle-aged men drove into nearly 150 miles on unpaved roads in the dead of night, and hanged Oakland Cemetery, a vast and historic graveyard on the edge of him the next morning near the former home of Mary Phagan, the downtown Atlanta. When they reached the Jewish section – a child laborer Frank was convicted of murdering. It was a daring and ghetto of Hebrew-inscribed stones – the men, who carried garden outlandish crime. None of the participants was prosecuted or tools and a cardboard box, walked to an unmarked plot and started indicted. digging. Gene Clay and I became friends, and over time he introduced me to These were the nephews of Leo Frank’s widow, and the cardboard the children and family members of men involved in the Frank box held her cremated remains. Lucille Frank, who had died of lynching. Most still lived in Marietta, and most were initially wary – heart disease in 1957, had requested that her ashes be strewn in an but for varying reasons. Some were ashamed of what their relatives Atlanta park, but a local ordinance forbade it. For a couple of years, had done. A few were defiant, intent on guarding a secret. This was the family warehoused the ashes at a funeral home. Later, they not something people wanted to talk about. For the town of stored them in the trunk of a car. No one was quite sure what to do Marietta, whose leading citizens planned the lynching and whose with the remains of the martyred woman. The only thing the family farmers and merchants carried it out, the subject was nearly as agreed on was that there would be no public ceremony – even after painful as it was for Atlanta Jews. Victims and victimizers, while they half a century, they feared that renewed attention to the Frank case can’t be equated morally, were for many decades equally mute on might stir violence. Eventually, Lucille’s nephews decided on a plan. this matter. They would quietly inter their aunt’s ashes between the markers for her mother and father, and that was what they did. After a prayer, There was finally another group that didn’t want to address the they drove away. There is no monument or record – only the Frank case – Atlanta blacks. Jim Conley, the black, self-confessed family knew Lucille’s final resting place. accomplice to the Phagan murder and the key witness against Frank, Fall 2012 The Touro Lawyer Featured Article 15

Session II in the Cour de Cassation (the Supreme Court of France). led a checkered life in the affair’s aftermath. He was convicted of Jim Conley carrying the girl’s body shortly after the crime was public drunkenness, wife beating, and armed robbery. He served a committed. Conley, Mann said, had threatened to kill him if he long sentence in the state prison. As time passed, popular opinion in spoke up. Now, some seventy years later, Mann – who was in failing the South began to shift. Conley, not Frank, was widely regarded as health – was breaking his silence. I conducted the final interview the killer. In Atlanta, home of the Civil Rights movement, the with Alonzo Mann in 1984 at a veteran’s hospital in Tennessee. Frank affair was increasingly seen as an anomaly that reflected badly on the black community. Mann’s late-in-life revelation sparked a passionate new interest in the Frank case. A group of Atlanta lawyers sought a posthumous pardon Although years passed during which people rarely spoke of the for Frank. Once again, experts filed into hearing rooms to debate the Frank case, it from the start projected great symbolic import. On Phagan murder. The Georgia Board of Pardons and Paroles initially Thanksgiving eve 1915 – barely three months after the lynching – refused to grant Frank a pardon. While Mann’s evidence cast new the modern Ku Klux Klan held its first rally and cross burning just light on the case, it was not probative. So the lawyers reworked their outside Atlanta. Three men who’d been part of the lynch mob were application, asking the Board of Pardons and Paroles to concede that there. Meantime, the Anti-Defamation League, formed in 1913, Georgia – by failing to provide protection for Frank at the state took the lynching as a sign that anti-Semitism, much as Jews might prison – had denied him his Constitutional rights. The board granted have liked to deny it, was a factor in American life. The Frank case, the lawyers’ revised request. The state of Georgia thus made late and in short, was a touchstone for polarizing emotions and forces. inadequate amends to Leo Frank.

It took time for the pall cast by the Frank affair to dissipate, and not In the aftermath of the posthumous pardon, I wrote an article about just in the South. The subject is inherently dramatic – a double the Frank case for Esquire and plunged into research on And the Dead murder mystery and a social history – but popular culture largely Shall Rise. Despite the new openness about the subject, I faced an ignored it. They Won’t Forget, a feature film based on the case, uphill climb. Much of the evidence – including the trial transcript – appeared in 1936 with a busty young Lana Turner in the role of had disappeared. Yet many documents – letters, lawyers’ files, all the Mary Phagan. The picture, however, made no mention of the Frank old newspapers – survived. Moreover, sons and daughters of most of character’s Jewish faith. Over the years, there were a few books – A the major participants ultimately agreed to speak to me. Over time – Little Girl Is Dead by the popular Jewish writer Harry Golden and more of it than I like to admit – I acquired a thorough the excellent The Leo Frank Case by Leonard Dinnerstein, a historian understanding of the case. I knew the strategies of the opposing of American Jewry – but by and large the story was ignored. It counsel, the personalities of the witnesses, the hopes and fears of offered no neat morals or resolutions. It was deeply disturbing across Frank and his wife, the ugly passions boiling beneath the surface, religious and racial lines. The less said the better. even the popular songs and fashions of the day. Thanks to the help of Gene Clay and a Marietta newspaper editor named Bill Kinney, I Things remained this way until the mid-1980s when 85-year old also learned the identities of the men who lynched Frank and how Alonzo Mann made a startling charge. At the age of 14, Mann had they got away with it. For eighty-eight years, that had been a deeply worked as Leo Frank’s office boy. He had been in the pencil factory held secret. When And the Dead Shall Rise was published and the on the day of Mary Phagan’s murder. As he now told it, he had seen story was finally laid bare, it made front-page news. 16 Featured Article The Touro Lawyer Fall 2012

good will. Most students of the Frank affair – I among them – believe that Frank did not murder Mary Phagan. In And the Dead Shall Rise,I make a strong argument for his innocence. Jim Conley’s lawyer ultimately concluded that Conley was guilty, and I use this lawyer’s research to unravel the case against Frank – and buttress the case against Conley. But barring the discovery of fresh forensic evidence, we can’t be sure. Frank was the last person to admit seeing Mary Phagan alive. He behaved oddly in the days after the killing, and Conley’s trial testimony cannot be easily dismissed.

As for the lynching, it was a premeditated murder pulled off with brutal audacity. The lynch party abducted the most celebrated prisoner in America from a well guarded prison without firing a shot, drove him across the state, and lynched him at dawn the next day. The crime was appalling and mesmerizing, and it’s the main reason people remain transfixed by the Frank affair.

There are also, of course, the underlying issues. The Frank case laid bare fault lines that are still very much with us. Rich versus poor, Jew versus gentile, white versus black – any of these oppositions is Today, nearly a century after the lynching, the Frank case continues enough to ignite great hostility. The Frank affair had them all. to raise hard questions. Was he the victim of an anti-Semitic prosecution? Once Frank was sentenced to death, should his In the end, the Frank case was a tragedy, and tragedies resist a tidy supporters have rallied to him as a Jew or as a wrongly convicted summing up. For years, people couldn’t look at the case. Now we man? In other words, did Frank’s supporters, by raising the matter of can, and what we see is unsettling – which is as it should be. To me, anti-Semitism, play into the hands of anti-Semites? And how should the Frank’s case’s legacy is its ability to undermine our assumptions we view Georgia Governor John Slaton? He commuted Frank’s about law and society. Things can go wrong fast, and that’s sentence and by so doing destroyed his political career, yet he was a important to remember. It’s also important to remember that we partner of Frank’s lead counsel. Was he a noble figure who made a should strive to be fair, vigilant, and just. At times, however, our hard call or guilty of a conflict of interest? best efforts are not enough. The Frank case was one of those times. There is also, of course, a last question. Could an anti-Semitic incident of this magnitude occur in America today, and if it did, how would we face it?

These are difficult questions. I don’t think Frank was the victim of an overtly anti-Semitic prosecution, but in the aftermath of his conviction he was undoubtedly the victim of vicious anti-Semitic attacks. By rallying to him as a Jew, his supporters may have exacerbated these attacks. Following the publication of my book, I STEVE ONEY got to know Frances Lasker Brody, the daughter of the great Journalist and author of And the Dead Shall Rise: the Murder of Mary Phagan and advertising executive Albert Lasker, who paid for Frank’s defense the Lynching of Leo Frank during the appeals process. Frances told me that her father believed that by making anti-Semitism an issue he’d committed a colossal Steve Oney is the author of And the Dead Shall Rise: the Murder of Mary error. He blamed himself for Frank’s fate. As for Governor Slaton: Phagan and the Lynching of Leo Frank. The book won the American Bar yes, he had a conflict of interest, but I feel he made a decision of Association’s Silver Gavel Award for best work on the nation’s legal system conscience. and the National Jewish Book Award for history. Early in his career Mr. Oney was a staff writer at The Atlanta Journal & Constitution Magazine. I don’t believe in closure. While wounds may heal, the events that He has also worked as a senior writer at Premiere magazine and as a senior caused them are everlasting. That said I attended a remarkable editor at Los Angeles magazine, and he has contributed to many other program in Atlanta two years ago. It was the theatrical premiere of publications, among them Esquire, Time, Playboy, and The Wall Street The People vs. Leo Frank, a PBS documentary based largely on my Journal. Mr. Oney was educated at the University of Georgia and at book. The theater was just a couple miles from the site where Frank Harvard, where he was a Nieman Fellow. Currently he is at work on a book was lynched, and among the 2,000 in attendance were Jews and about National Public Radio for Simon & Schuster. blacks, people who believe Frank innocent and others who believe him guilty and, most startling, relatives of lynch party leaders. It was a civilized evening of the sort that would have been unimaginable even a few years before. Afterwards, a former Georgia governor whose wife was the granddaughter of a lynch-party member led a smart discussion about the case. There were no outbursts of racial or religious animosity – just earnest questions, genuine curiosity, and Fall 2012 The Touro Lawyer Featured Article 17

PERSECUTIONTHROUGHPROSECUTION: ALFREDDREYFUS,LEOFRANKANDTHEINFERNALMACHINE THEPRESS-THEBALANCEBETWEENFREEDOMOFTHEPRESS, RESPONSIBILITYOFTHEPRESSANDNATIONALSECURITY BYSTEVENERLANGER

little magazine called Moment. In a chapter heading he quotes Sainte- Beuve saying, “After several years of peace, people come to believe that culture is innate, that it is identical with nature. But savagery is always lurking two steps away, and it regains a foothold as soon as one stumbles.”

France stumbled badly after its defeat to Germany, and it could have stumbled as easily as Germany did after World War I, it seems to me. The Dreyfus Affair is clearly the culmination of a long cultural war that pitted democracy and science versus Roman Catholicism and monarchism. That war was about the definition of France and what it was to be French, with democracy in the Republic seen as part of the false universalism injected like a poison into pure French blood by foreign ideas and foreigners, especially by Jews. The public language at the time was appalling, with the most venomous anti- Semitic language pouring not just out of the newspapers, but out of the Vatican, out of Catholic newspapers, like La Croix, journalists like [Edouard] Drumont and politicians also.

Rabid anti-Semitism was everywhere in Western Europe at the time, but it was as bad here, I think, as it ever was before World War I in Germany. Jews were the cause of every scandal, failure, difficulty, even of a famous fire. There was overheated language about betrayals, about Jewish ubiquity. And yet in 1897, there were only 72,000 Jews in all of France, 45,000 of them in a greater Paris of more than two-and-a-half million people. In Weimar Germany, to provide context, there were about 500,000 Jews (but that was still less than one percent of the population). I always think about the press. We are kind of like what Walt Whitman said about America: We contain multitudes, and anything But numbers were never the issue when failure and collapse had to you actually believe about the press, you will find evidence to be explained, when people are afraid. One can more easily grasp the confirm your belief. So I’ve long ago stopped feeling any collective cultural roots of French fascism and collaboration with the Nazis by responsibility for the press. I mean, The News of the World has no real understanding what happened with the Dreyfus Affair, while also relationship to the kind of journalism that my newspaper tries to gaining a better understanding, it seems to me, of the anxieties that practice. But as Judge Wachtler said, at least in America in certain drive the French far right to this day. These themes of modernity ways there is a freedom of the press, and the press, one has to be versus reaction, secularism versus religion, countryside versus city, reminded, was a great deal more rambunctious in the past than I still resonate. think it is today. Yet, of course, the arguments persisted even after World War I, My big criticism of the press today is that it’s too shy, it’s too with [Philippe] Petain finding vital support among the conservative cautious, it’s too tied to power, and it’s too reluctant actually to Catholics and the clergy. And, of course, in a different form they confront the problems of society, while we talk about that being our exist today with the National Front of , like her main task. father before her, seeking legitimacy in the symbol of the Holy Virgin, Jeanne d’Arc, and in France for the French, not for I wanted to say something, however, about the Dreyfus Affair, immigrants and not run by Eurocrats. Jean-Marie Le Pen is an anti- which I think is very important in order to understand France and Semite; his daughter is not – she has moved on to other targets. She what’s happened since. I think the tone of the anti- Dreyfusard press has rather simply replaced the Jews with the Muslims, much like the and its open anti-Semitism is still astounding today. I recently read Dutch far right, but she plays on the same fears of corruption as quite a good book by an American historian, Frederick Brown, Drumont and others did in the century of Dreyfus. Holy France called For the Soul of France, which is a book that I reviewed for a invaded, polluted by foreign values, foreign ideas, foreign behavior; 18 Featured Article The Touro Lawyer Fall 2012

foreign genes. For Judaism, read Islam; for universalism, read abet another kind of fundamentalism, even a sort of terrorism -- globalization and the Euro, which are destroying French culture, which is the way al-Qaida uses its own press, uses the internet to artisanry and French jobs. further its aims. So there are lots of topics here, and again I don’t want to speak to It remains a potent message that the National Front gets about 20 you as a historian but as a journalist. I am very happy in conversation percent of the vote according to opinion polls in France. And where to talk about more up-to-date issues, but it does seem to me as we is the press in its responsibility? It has been dancing around the talk about the press one must understand that the mood in France National Front, it seems to me, much too kind about Marine Le that led to Dreyfus – which was not simply a question of the press – Pen, much too kind about what’s taking place in the Netherlands was very, very ugly indeed. And the chords of that ugliness remain with Geert Wilders, much too kind about anti-Muslim referendums in the society even if its targets are sometimes turned elsewhere. in Switzerland, about anti-Muslim parties in Sweden and Finland. It is too easily letting off anti-Muslim vituperation, when it is couched Thank you. as the new fascists couch it, in the clothes of national values and even secular values, as if the two were the same.

To some degree, we see it even in the Dominique Strauss-Kahn case. I know you have talked about this a lot. Frankly I am a little up to here with Strauss-Kahn and the case, but I am more than happy to talk to people about it, if you like. This idea that somehow Strauss-Kahn is the new Dreyfus seems to me a grotesque inversion of the problem, but you know I speak as a foreigner here.

And then, of course, there is another big debate, and I want to say this very briefly, and that is the debate about national security in the press, the debate about Wikileaks, about Julian Assange, about what we should be publishing and not publishing.

And, of course, there are new issues about the internet as well, because as cautious as the establishment press is, the internet, as you know, has very few rules. And the aggression that we saw in the yellow press of 100 years ago -- one feels very deeply one can touch the internet and get yellow very, very quickly. It is a place for a lot of facts but also a lot of rumors, a lot of ugliness, a lot of opinions that I suspect people feel freer to write electronically than they would ever feel able to speak to another person. And there is also the question, of course, of how the internet and the press aid and

STEVEN ERLANGER Paris Bureau Chief of The New York Times

Steven Erlanger became the Paris bureau chief of The New York Times in March 2008, after nearly four years as bureau chief in Jerusalem, beginning in August 2004. He has served in numerous postings for The Times, including Berlin bureau chief, bureau chief for Central Europe and the Balkans, based in , and chief diplomatic correspondent, based in Washington. From 1991 to 1995, he was posted in , after being Bangkok bureau chief and Southeast Asia correspondent from 1988 to 1991. In New York, Erlanger also served as Culture Editor of The Times for two years, from 2002 to 2004. Previously, he worked for The Boston Globe for 11 years. Among other awards, he shared in a Pulitzer Prize for Explanatory Reporting for a series on Al Qaeda and global terrorism awarded in 2002. Erlanger received an A.B. degree, magna cum laude, Phi Beta Kappa, from Harvard College in 1974 and studied Russian at St. Antony's College, Oxford. Fall 2012 The Touro Lawyer Featured Article 19

Conference co-organizer Asst. Dean Linda Howard Weissman with Dean Emeritus Howard A. Glickstein Charles Dreyfus and grandsons.

(left to right) Hon. Charles J. Hynes, Professor Samuel Levine, Yael Perl Ruiz, great granddaughter of Alfred Dreyfus and Hon. Sol Wachtler, Hon. Joseph Bellacosa, and conference donor Simone Rodan-Benzaquen. Roger Tilles.

(left to right) Conference co-chair Dean Emeritus Howard Glickstein, with Dr. Richard Prasquier, President of CRIF, Bernard Cahen, Jewish Lawyers Associations and Simone Rodan Benzaquen, AJC Paris. Professor Vincent Duclert and the Hon. Sol Wachtler, co-chair of the conference. MAKING A DIFFERENCE Locally, Nationally, Internationally Faculty, students and alumni are engaged and involved in the community and world around them. ouro Law Center is constantly growing, changing and having an increasingly significant impact – locally, nationally and internationally. We have a thriving network of successful alumni and Taccomplished faculty combined with a committed student body that are making a mark on the world – and that mark is a lasting impression.

Touro Law students are contributing to our growing reputation through their pro bono, clinical and hands-on, experiential learning experiences. They are working locally and around the country through fellowships and pro bono opportunities making important contributions on a global and national level. For instance, this past year: 28 students travelled to the Gulf Coast region to provide legal assistance to those affected by Hurricane Katrina and the BP oil spill; 20 students were trained in the Juvenile Justice Project; 28 students were trained in the Volunteer Income Tax Assistance Program; 18 students were trained as advocates for the Unemployment Action Center; 15 students participated in the Pro Bono Foreclosure Project; 12 students were trained for a new project called the Rehabilitation Clinic; student organizations have self-mandated pro bono requirements for members; more than 30 students applied for public interest summer stipends; to name just a few. Touro Law students are having a big impact on the local community providing services to the underserved, all while gaining valuable experience. Our students have come to be recognized as dedicated, effective and hard working individuals.

Our alumni continue to do great work in the legal field and are helping to enhance our reputation as they are working around the world to provide legal services. For example, Seymour Liebman ’89 is the Executive Vice President, Chief Administrative Officer and General Counsel of Canon USA, Inc. He is the Executive Officer of Canon Inc., Japan, and President of Canon Information and Imaging Solutions, Inc., He was the first non-Japanese in Canon’s history to be named a director. He spends much of his time in Japan, acting as not only Fall 2012 The Touro Lawyer Featured Article 21

Executive Vice President but also In recognized by the Tibet Justice Center in House Counsel for Canon USA. Teresia the release of their long-awaited report on DID YOU KNOW... Bost ’95 works as corporate counsel at Tibetan refugees in India. Hal Abramson Celgene Corporation, a multinational is an internationally renowned expert and • Touro Law biopharmaceutical company in New scholar in mediation advocacy. He travels participates in a Jersey. Ralph Winnie ’99 works as the around the world teaching and training scholar exchange Director of China at the Eurasia Center these techniques. Tracy McGaugh is a program with the and Vice President of Global Business sought after expert and speaker in disaster Development for the Eurasian law, talking about international disasters School of Law at the Business Coalition. Rhonda F. that happen around the globe to lawyers Netanya Academic Gelfman ’86 is the President and law students nationally. She co- College in Israel. of the Immigration Law founded You.Me.We., a disaster law Center in Miami Beach, center that defends human rights in • We offer five Florida. Jason Rein disaster struck communities worldwide. ’95 is the Director, Harry Reicher is internationally known international summer Head of Global for his pioneering work on the legal study abroad options Institutional & dimension of . He was for students including Insurance appointed by President Bush in January Vietnam, Germany, Compliance & 2004 to the United States Holocaust Head of Memorial Council, on which he served Croatia, India and Alternatives for four years. He has spoken and taught Israel. (US) around the world and received accolades Compliance for his work internationally. • Touro Law publishes at Deutsche the International Law Asset “It is certainly an exciting time at Touro Management Law as we are gaining recognition and Review, a student-run in Manhattan, enhancing our reputation around the and faculty-and- New York. globe,” said Dean Patricia Salkin. “I am alumni-advised These alumni extremely proud of the work of our publication. Originally are but a students as well as our faculty and alumni founded in 1989 as a handful of to raise awareness of our law school Touro Law nationally and internationally.” print publication, it is graduates whose now available solely work takes them, This is just a brief introduction of the online in order to and by extension work by the Touro Law community that meet its new mission Touro Law, to all is reaching further and further around the continents across the world. Touro Law is a truly outstanding to provide a forum for globe. community - one that more and more timely and engaging people around the globe are learning discourse in important The Touro Law faculty is doing about, thanks to the work of our students, international law their part as well. Eileen Kaufman alumni and faculty. issues. recently provided pro bono assistance in two cases involving political asylum claims by Tibetan refugees and was 22 Featured Article The Touro Lawyer Fall 2012

THE GUY WHO WROTE THE BOOK Professor Hal Abramson is the international expert on mediation representation, and the author of the most widely used mediation representation book in law schools

Experienced mediators from throughout Europe that participated in the Paris IMI Intercultural Training Pilot conducted by the Taskforce that Hal co-chaired. (August, 2011) Professor Hal Abramson can draw a crowd and command an and he has seen in particular how mediation has grown in use audience. And not just in the classroom at Touro Law Center, and sophistication. He has played a significant role - but around the globe. Hal Abramson is internationally passionately dedicated to researching, writing, teaching, renowned as the world’s foremost expert on mediation training and even practicing as an arbitrator and mediator. He advocacy. He is the guy that wrote the book – literally. He is is widely regarded as an international expert and has traveled a sought-after, leading thinker in the field and is invited to four continents to lecture and train as well as to judge and regularly to speak, train, and help develop the landscape of mediate in competitions. mediation representation both nationally and internationally. It all began in 1986, when Hal proposed a new course to Hal explains that “I realized that attorneys as the gatekeepers teach at Touro Law, an introductory course on ADR. He to mediation lacked training on how to represent clients in a received his own initial education in the field by taking a way that is suitable for mediation, which is different than for course at Harvard when in graduate school, and one of his the courtroom. When I discovered that very few publications lecturers was Roger Fisher who presented his then new book, have focused on the role of attorneys, I saw a need for Getting to Yes, now the most widely read book in the research and training and a challenging opportunity.” negotiation field.

For more than 25 years, Professor Abramson has been deeply After several years teaching ADR, he realized that advocates in involved in the development of the field of dispute resolution, mediation, the likely professional role of graduates, were given Fall 2012 The Touro Lawyer Featured Article 23

students. Hal was approached by the ABA Section on Dispute Resolution to chair the committee charged with developing the rules for the competition. The first regional annual competition in New York was held at Touro Law Center in 1999, and Hal received the ABA service award in 2002 for his work in designing the competition rules. The competition is conducted each year in ten regions with the final rounds held at the annual conference of the ABA Dispute Resolution Section.

Several years after the creation of the competition for the ABA, the ICC (International Chamber of Commerce) in Paris decided to create a global competition. They too asked Hal to serve on the committee to launch the competition, which is now in its eighth year and includes teams from nearly seventy Reviewing script of video to illustrate lessons from Hal's book on media- schools around the world. Recently a competition in Canada tion representation-taping hosted by Hamline University Dispute Resolu- was developed, using the Paris competition as a model. tion Program in St. Paul. (April, 2011) Winners of both competitions are awarded a copy of Hal’s remarkably little attention in writings and the classroom. And book. In 2010, when a team from Nottingham Law School, so he commenced his journey. Hal began researching and one of the largest university law schools in England, won the creating specialized training materials, including publishing global competition in Paris, the coach, Professor Joy Davies, articles and eventually two books. He presented his first CLE publicly attributed the team’s success to using Hal’s book. mediation representation program in 1994 at the annual meeting of the NYS Bar Association. Although he included a Hal also teaches and conducts mediation representation mediation advocacy segment in his course on ADR, he was training programs throughout the country and world, like the given his first opportunity to design and teach a separate one for the National Institute for Trial Advocacy and the course on mediation representation in 2000 by Professor Lela Hong Kong Law Society last May. Love, the director of Cardozo’s highly ranked dispute resolution center. They developed and started co-teaching a “Many academics have their niche, their little corner of the course at Cardozo during the January break to compete with world that they carve out and dedicate themselves to study in Cardozo’s popular trial advocacy course. He has been teaching the hope of making an impact,” said Hal. “There are many there for twelve years and still counting. distinguished people doing valuable work in the dispute resolution field. It is gratifying and a privilege to be regarded Professor Abramson authored “Mediation Representation” in as a meaningful contributor.” 2004, which received the annual Book Award of the CPR International Institute of Dispute Resolution, the most Hal’s influence has extended to the field of mediation as well prestigious book award in dispute resolution. In 2010, the where he has mediated domestic cases and international ones second edition, titled “Mediation Representation: Advocating involving parties from now more than dozen countries. He as a Problem-Solver in Any Country or Culture” was published, and in November 2011 an edition designed specifically for lawyers outside of North America was published by Oxford University Press. It was translated into British English, and in 2012, an edition in Russian will be published. His book is used by approximately 40 law schools across the nation and outside of the U.S. and the National Institute for Trial Advocacy. No other book has been published in the field since its release.

In addition, he has published numerous articles and co- authored a text book for law students, “International Conflict Resolution-Consensual ADR Processes.” Two of his articles rank as the top two downloaded articles written by Touro faculty (averaging more than 100/month).

As the practice of mediation gained momentum in the judicial system and throughout law schools, the ABA gave the field a boost by creating a mediation representation competition for Meeting with Bar Ilan's ICC Mediation Representation Team and coaches when teaching at Bar Ilan University, Tel Aviv, Israel. (December, 2010) 24 Featured Article The Touro Lawyer Fall 2012

Subcommittee of the IMI Intercultural TaskForce in Singapore. They arrived as strangers to create an intercultural mediator training program, and left as life-long friends (May, 2011) also has trained more than 150 mediators on the roster of the personal intercultural skills. We arrived as strangers and left as local Eastern District Federal Court and has been selected to life-long friends.” serve on the rosters of the Beijing Mediation Center and the National Association of Distinguished Neutrals, among other After testing themselves, the TaskForce tested the training rosters. He was recently selected by his peers as one of less materials before sophisticated audiences of experienced than 200 mediators from around the globe for listing in the mediators in three different geographic locations-Paris, first volume of International Who’s Who of Commercial Brisbane, and Singapore. Based on these experiences, the final Mediation, 2011. criteria were published in April, and the program to certify Inter-Cultural Competency of Mediators was formally His latest project involved intercultural mediations. He was launched in May. asked by the International Mediation Institute (IMI) based in The Hague to co-chair an international TaskForce to conduct “This was a completely unexpected honor to have this a groundbreaking initiative. The TaskForce was formed to opportunity to work so closely with such a distinguished design the first ever set of criteria for certifying mediators who group of practitioners and academics from different parts of handle intercultural disputes. After preparing and publishing the world,” said Hal. “and then to also accomplish something for comment draft criteria, he and four other members of the that has never been done.” TaskForce met in Singapore last May to develop a training program that would implement the draft criteria-the ultimate Professor Abramson is not only dedicated to his legal test of the criteria. He facilitated four long days of meetings scholarship and related projects, he is also committed to that produced a two day draft program. teaching law students and furthering the quality of legal education. When reflecting on that experience, he said “By the end of the first morning, I realized the paradox of our undertaking. I He served as Vice Dean for Touro Law Center, responsible had to try to mediate an intercultural meeting on preparing an for academic programs, faculty development, and international intercultural program. The collaborative effort tested all of our programs, for nine years including serving as acting dean for a Fall 2012 The Touro Lawyer Featured Article 25 semester during the formative years of the law school. Among Moscow. his contributions, he is credited with launching the school’s first summer abroad program in Moscow, which the ABA Barbara Burke, one of Professor Abramson’s former students inspector, in his inspection report, labeled as a model program and a Touro graduate research fellow who is assisting him, for other law schools to replicate. Hal has taught more than reports hearing about his work wherever she goes. When ten courses at Touro including administrative law, business attending a training program sponsored by the NY Peace organizations, dispute resolution methods including mediation Institute, she said she met a “woman from Tanzania, who representation and international mediation, government upon hearing me speak in the group about Professor regulation of business, remedies, domestic and international Abramson, related how she trained with him in Europe and it sales and international business and trade. Hal has taught at was one of the reasons for her wanting to continue learning other law schools around the country including in the premier this area of law.” More recently, at Cardozo, she met an dispute resolution program at Pepperdine. This year, he is international doctoral student from Hungary. She said that one visiting full-time at the University of Nevada in Las Vegas of the student’s priorities while in the U.S., she learned, was to where he will teach in its dispute resolution program and also attend one of Professor Abramson's training courses. When spend time with his daughter who works in Las Vegas. attending the Canadian mediation representation competition in Toronto, she was surprised to not only realize how well For the Association of American Law Schools (AALS), he Touro was known because of Professor Abramson’s work, but served for three years on the committee that plans CLE that the students were watching a videotape of last year’s final programs for law professors, and then in June 2000 was invited round which he was mediating. She sees “Professor Abramson to join a small group of twenty law school deans and faculty as a scholar, a mediator, a leader in his field; but more than members in the United States to be trained to facilitate retreats anything, he is a teacher.” at other U.S. law schools. This invitation only, impressive and diverse group works in teams of two to assist law schools with When Hal graduated from law school and started work as a internal planning processes and conflict resolution. staff attorney at the Monroe County Legal Assistance Corporation in Rochester, he had no idea that his career Hal also has been involved in legal education projects abroad. would go the direction it did. He had no idea that he would In the early 1990s he served for several years as an ABA be going into teaching, serve as a law school dean, become an CEELI Rule of Law Russian specialist where among his active member of the legal academy and become a world various projects when the Soviet Union began its tumultuous renowned expert in mediation advocacy. And, although this transition to democracy, he helped prepare the groundwork may not be the path he imagined traveling, it is a trail that he for a sister school program between Russian and American has and continues to enjoy blazing. Law Schools. It was launched with a three day conference in

Hal collaborating in Singapore with two members of the IMI Intercultural TaskForce, Joanna Kalowski (Australia) and Gigi De Groot (Sweden) (May, 2011) Dean Glickstein’s Legacy in Bali

By David Sperling ’94

BALI, Indonesia -- On a balmy night here last month, two medical Ms. Suntoso invited me to Jakarta and Bali, where her sister owns a doctors sat cross-legged at a low-rise table enjoying a Balinese feast at hotel in the bustling Kuta tourist area. It was an offer I could not their father’s home with other members of their extended family. refuse.

Their father, Wayan Ruma, is a tour guide who was living with his When Dean Glickstein discovered that I was going to Indonesia, he wife and three children in a rented room in Bali when he met asked if I was planning to go to Bali. Yes! He then sent me a short Howard Glickstein 23 years ago. Dean Glickstein hired Mr. Ruma email about his connection to Mr. Ruma and asking whether I as his tour guide during a one-week trip in 1989, identifying himself would be interested in retaining his services as a tour guide. Of simply as “a lawyer.” After a week of showing Dean Glickstein course! around the island, they became friends. During my 6-day stay in Bali, Mr. Ruma and his friend Ketut Mr. Ruma and his family will never forget Dean Glickstein, a man Sunanta helped me explore the wonders of this Hindu-majority they call “Mr. Howard.” island in the midst of the world's largest Muslim country. It was an experience few tourists would ever encounter. One year later, in 1990, Dean Glickstein sent a letter to Mr. Ruma, telling him that he wanted to support his children's education. Every The highlight of my trip was a festive dinner on June 11 at Mr. year since then, Dean Glickstein has sent at least $500 to a special Ruma’s modest but comfortable house. Inside the gate was the blue bank account in Bali to pay for his four sons’ tuition and other 1980 Mitsubishi van that Mr. Ruma used to drive Dean Glickstein educational expenses. Before he met Dean Glickstein, Mr. Ruma around Bali. (He has since upgraded , but keeps the van in storage.) despaired of ever being able to afford to provide his children with a Mr. Ruma and his family took turns posing with a New Year’s card good education. sent by Dean Glickstein from Peru a few years ago, with the blue 1980 Mitsubishi in the background. “I don't know why Mr. Howard send me . I never ask,” Mr. Ruma told me in his fluent but broken English. “I just say Mr. Ruma explained that he had no idea of Dean Glickstein’s thanks to my God and Mr. Howard. He always keep at my back, prominence until four Touro Law students visited in 1993 and told motivating me for education of my children.” him that “Mr. Howard” was more than just “a lawyer.” Although Dean Glickstein did not return to Bali until 2007, he continued to The dean’s investment has paid off far beyond Mr. Ruma’s greatest provide financial assistance to Mr. Ruma’s children and continued to expectations. His two eldest sons, Suandhi, 38, and Winarsa, 31, are correspond with the family. now doctors at a medical clinic in Ubud, a picturesque town in the middle of the idyllic island of Bali. A third son, Nyoman, 23, is a “I always send Mr. Howard a photograph of graduation of my staff member at Bali’s Hindhu University and the fourth, Ketut, 21, children,” Mr. Ruma told me over dinner with his family outside will be completing his degree in architecture at nearby Udayana his home. “Three so far, one more to go.” University later this year. Next month, Winarsa will be leaving for Japan on a four-year-doctoral program to develop his knowledge Winarsa, who is also a lecturer at nearby Udayana University, later and expertise in stem-cell cancer research. brought me to the airport where his father joined us to bid farewell.

It was only by coincidence and great fortune that I met Mr. Ruma Mr. Ruma and his son said that Dean Glickstein had transformed and his family, and learned of their connection to Dean Glickstein. I their family’s destiny. “He made me dare to dream higher,” have known Dean Glickstein since 1990 when I entered Touro Law Winarsa told me. “He made us work to reach our dreams and have a School, then located in Huntington, as a part-time day student while better life not just for us but also for our future generations.” working full-time nights as a copy editor at Newsday. Since graduating and leaving print journalism, I became an immigration lawyer and now run three offices -- in Huntington Station, Central David Sperling, a 1994 Touro graduate, Islip and Hempstead. is an immigration lawyer with offices in Huntington Station and Central Islip. Eight months ago, I hired Lia Suntoso, an attorney born in Indonesia who often writes for the American Immigration Lawyers Association and is the author of a treatise on religious-worker visas. Fall 2012 The Touro Lawyer Featured Article 27 “He Made Me Dare to Dream Higher”

A Letter of Gratitude from Dr. Winarsa Ruma

Mr. Howard is more than just a friend of our family but part of our family. What he has done has given a better opportunity for me and my brother to have a better education for a better life.

Mr. Howard has encouraged and motivated my father to send us to medical school. My father worked very hard for us, but he could not make very much money as a tour guide. My father believed that Mr. Howard would always be there to give a safety net for our education financial problems, and without him we would never have become medical doctors.

When I was a medical student, I frequently mentioned that my father has a friend from abroad to financially support my education. My best friends mostly come from families with high economical status. Frankly, before I knew that Mr. Howard would give us financial support, I just had a dream to become a farmer (because my grandmother has a little bit of land) or as a tour guide like my father.

But then, gradually my father felt more confident with financial support from Mr. Howard, and he made me dare to dream higher. He made us work to reach our dreams and have a better life not just for us but also for our future generations.

I never stop dreaming to become a person that would also be able to make a little bit of difference, just like Mr. Howard did. Therefore, I decided to follow my older brother to become a medical student. But I knew that I wanted to be more than just a medical practitioner, but also to be a lecturer and researcher.

Next month, I will start to continue my studies in Japan at Okayama University for a PhD program. I want to study about cancer stem cells -- specifically the cellular mechanism of cancer cells to develop resistancy to chemotherapy. I hope that I can make a difference in the outcome of cancer treatment in the future.

That is my big dream as a human being but it’s all possible because of the opportunity given by Mr. Howard for us to continue our studies in the university. Without his support and my father’s hard working, I think I would just become a man with a dream but never living the dream.

Best Regards,

Winarsa Ruma, MD Department of Biochemistry Faculty of Medicine Udayana University Bali, Indonesia 28 Featured Article The Touro Lawyer Fall 2012 Children, Parents & the State: The Construction of a New Family Ideology By Professor Deseriee Kennedy

If you are interested in learning more about this issue, please see the full version of the article, it may be found at, 26 Berkeley Journal of Gender, Law & Justice 78 (2011).

As a teacher of family law, I am deeply interested in the ways in which governments interact with families and in examining whether regulations designed to protect children and support families actually do so. Families, however, defined, are at the core of our communities, states, and nation and, as a result, it is important to think critically about the myriad laws which directly and indirectly impact their well-being. Moreover, there is reason to be concerned that some families are more greatly disadvantaged by governmental law and policy than others. For example, the dramatic increase in incarceration rates, particularly among women, has had a devastating impact on families and communities. The growth of families experiencing disruption in parental care due to incarceration is unprecedented and it is not clear that legal doctrine and policies have kept up with the changes in a way that puts children and families first. A recent project, takes a closer look at the practice of more than twenty-five states of weighing parental incarceration or conviction of a crime in deciding whether to terminate parent rights. The analysis is published in Children, Parents & the State: The Construction of a New Family Ideology, appearing in the Berkeley Journal of Gender, Law & Justice. The introduction to the article illustrates the magnitude of the problem stating:

Rising rates of incarceration have created obstacles for families with incarcerated parents that family law doctrine has failed to adequately address.7 Close to 2 million children have a parent who is entangled in the criminal justice system.8 Many of these children will find their families affected by both the stigma of being involved with the criminal justice system and the trauma resulting from the physical separation of parent and child.9 Later, these families may face state efforts to terminate parental rights.10 These pressures weaken family ties, which increases the likelihood that children and their incarcerated parents will find themselves further entangled in crime and the penal system. Thus, researcher and journalist Nell Bernstein aptly asserts that “[t]he dissolution of families, the harm to children—and the resultant perpetuation of the cycle of crime and incarceration from one generation to the next—may be the most profound and damaging effect of our current penal structure.”11

8 NELL BERNSTEIN, ALL ALONE IN THE WORLD: CHILDREN OF THE INCARCERATED 2 (2005); LAUREN E. GLAZE & LAURA M. MARUSCHAK, U.S. DEP’T OF JUSTICE, PARENTS IN PRISON AND THEIR MINOR CHILDREN 3 (2008), available at bjs.ojp.usdoj.gov/content/pub/pdf/pptmc.pdf (“[P]arents in prison had nearly 1.9 million children.”); Philip M. Genty, Termination of Parental Rights among Prisoners: A National Perspective, in CHILDREN OF INCARCERATED PARENTS 167 (Katherine Gabel & Denise Johnston, M.D. eds.) (1995) (noting the significant numbers of families affected by parental incarceration) [hereinafter Genty, A National Perspective]; Philip M. Genty, Damage to Family Relationships as a Collateral Consequence of Parental Incarceration, 30 FORDHAM URB. L. J. 1671 (2003) [hereinafter Genty, Collateral Consequence]. Parental incarceration affects one in every forty children. Danielle H. Dallaire, Incarcerated Mothers and Fathers: A Comparison of Risks for Children and Families, 56 FAM. REL. 440, 440 (2007). 9 Joseph Murray & David P. Farrington, The Effects of Parental Imprisonment on Children, 37 CRIME & JUST. 133, 172 (2008); DAVID BRAMAN, DOING TIME ON THE OUTSIDE, INCARCERATION AND FAMILY LIFE IN URBAN AMERICA 2 (2004); Tanya Krupat, Invisibility and Children’s Rights: The Consequences of Parental Incarceration, 29 WOMEN’S RTS. REP. 39, 40 (2007). 10 Jeremy Travis, Families & Children, FED. PROBATION, June 2005, at 31, 31. Travis notes that “[e]very individual sent to prison leaves behind a network of family relationships.” Id. 11 BERNSTEIN, supra note 1, at 4. Murray and Farrington note that “[t]he UN Convention on the Rights of the Child states that children should be protected from any form of discrimination or punishment based on their parents’ status or activities.” Murray & Farrington, supra note 9, at 187 (citing Articles 2 and 3, UN General Assembly 1989). The Convention has not yet been ratified by the United States. Krupat, supra note 9, at 43 (describing the importance of implementing the Convention). Fall 2012 The Touro Lawyer Featured Article 29

Family law has successfully adapted to maintain ties in some fractured families. While this change in approach is particularly noticeable with regard to divorce, the evolution has yet to occur for families with incarcerated parents.12 For example, states have engaged in reforms to make divorce easier to obtain and to ease the stigma and trauma of divorce on families and children.13 No-fault divorce is now available in all fifty states,14 and some jurisdictions offer alternative methods of dispute resolution in dissolution proceedings to preserve family ties.15 In contrast, there has been no significant or cohesive effort to maintain the connection between incarcerated parents and their children despite the significant interruption in family life created by imprisonment and the advantages of maintaining family ties for children and recidivism rates.16 Children of incarcerated parents often lack sufficient support and opportunities to maintain contact with their imprisoned parents even though incarceration rates continue to rise, and research shows that having a parent in prison is “one of the more common psycho-social and health problems facing children.”17

12 Some scholars have reflected on the differences in private versus public family law matters. See, e.g., Christina A. Zawisza, Storied Anna Mae He Decision Clarifies Law but Leaves Unanswered Questions, 38 U. MEM. L. REV. 637, 681-82 (2008); Appell, supra note 3, at 581. Professor Garrison notes that: there has been little attempt by either legal commentators or child care experts to explain why divorce law reform has focused on maintaining family relationships while foster care reform has focused on providing one unconditional relationship. A historical explanation lies in the traditional contrast between private family which has consistently recognized parental rights, and the family law of the poor, which generally has not Marsha Garrison, Why Terminate Parental Rights?, 35 STAN. L. REV. 423, 454 (1983); Richard D. Palmer, The Prisoner-Mother and Her Child, 1 CAP. U. L. REV. 127, 132 (1972) (describing how courts treat incarcerated parents differently from non-incarcerated parents when determining parental fitness). 13 Michelle L. Evans, Wrongs Committed During a Marriage: The Child That No Area of Law Wants to Adopt, 66 WASH. & LEE L. REV. 465, 473-76 (2009). 14 See Divorce, American-style: No Fault is now the Law in all 50 States, CONSUMERREPORTS.ORG (Oct. 13, 2010), http://blogs.consumerreports.org/money/2010/10/new-york-legal-no-fault-divorce-law-50-states-.html. 15 See generally Elizabeth Kruse, ADR, Technology, And New Court Rules—Family Law Trends for the Twenty-First Century, 21 J. AM. ACAD. MATRIM. LAW. 207 (2008) (describing the growth of alternative dispute resolution in family law). Some jurisdictions require parents to participate in educational programs designed to teach them about the impact of divorce on their children. See Tali Schaefer, Saving Children or Blaming Parents? Lessons From Mandated Parenting Classes, 19 COLUM. J. GENDER & L. 491, 491-92 (2010). Some states have enacted a Parents Bill of Rights, which restrains a parent’s ability to make derogatory comments about the other parent. See, e.g., TENN. CODE ANN. § 36-6-110 (2010). Jurisdictions have also become increasingly flexible in recognizing the need of a custodial parent to relocate and in permitting visitation across long distances. See Samara Nazir, The Changing Path to Relocation: An Update on Post-Divorce Relocation Issues, 22 J. AM. ACAD. MATRIM. LAW. 483, 485-87 (2009). In another shift, the Supreme Court has recognized the right of unwed fathers to due process protection prior to determinations affecting their parental rights. See Lehr v. Robertson, 463 U.S. 248, 261 (1983) (finding that unwed fathers who make an effort to participate in raising their children acquire “substantial protection under the due process clause”); Caban v. Mohammed, 441 U.S. 380 (1979) (using the Equal Protection Clause to strike down a distinction between unmarried fathers and mothers in adoption laws); Stanley v. Illinois, 405 U.S. 645 (1972) (holding that unwed father has a right to have his fitness be examined before his children could be taken from him). Courts have routinely recognized that families have changed significantly, and there is a need to adapt legal principles and institutions to deal with the changes. See Gary A. Debele, Custody and Parenting by Persons Other Than Biological Parents: When Non-Traditional Family Law Collides with the Constitution, 83 N.D. L. REV. 1227, 1232 (2007). 16 Dyer, supra note 7, at 202. The lack of significant movement on this issue is troubling also because of the consistent and persistent grassroots efforts and support by advocates and scholars. See, e.g., Genty, Collateral Consequence, supra note 8, at 1679-83; Genty, A National Perspective, supra note 8, at 167-68. 17 Krupat, supra note 9, at 39-40; Kathi J. Kemper & Frederick P. Rivara, Parents in Jail, 92 PEDIATRICS 261, 263 (1993) (finding 36% of inmates have children under fifteen years old). 30 Featured Article The Touro Lawyer Fall 2012

The article addresses what it views as a failure to directly address the impact of rising incarceration rates on children and families and critiques the continued use of incarceration as a basis for determining whether to terminate parental rights.The article provides that:

Reported decisions discussing the application of termination laws to families affected by parental imprisonment reveal a view of family that remains unrealistically tied to the physical presence of a parent and to impractical expectations of parenting.20 However, research demonstrates that incarcerated parents can, with assistance, be effective parents and are not, by definition, bad or neglectful parents.21 In fact, families with a parent who is absent due to incarceration may, with assistance and appropriate resources, function as well as other families.

Based in part on social science research, the article examines the impact of incarceration on children, family and parents and,

critiques the current approach to parental terminations, which permits states to consider parental incarceration as a factor in severing the parent-child relationship, and discusses constitutional concerns of the current model. Part IV proposes that states no longer use either incarceration or the length of imprisonment as factors in termination proceedings. Moreover, this Part suggests that courts adopt a higher standard of proof in termination proceedings and engage in a more searching inquiry of the facts before rendering a detailed decision with regard to terminations. Part IV also provides other recommendations for preserving the parent-child relationship including requiring counsel for indigent parents in termination proceedings, relying on mediation or other alternative methods of resolving disputes prior to or instead of court hearings, and requiring courts to consider the institutional and practical barriers faced by parents in prison.

The article concludes that our current approach to parental incarceration fails families and asserts,

Incarceration should not be a proxy for or a factor in assessing parental fitness. Removing parental incarceration as a factor would still provide opportunities for states to protect children from harm while preserving parental bonds. Children deserve a more searching inquiry into their family con-text and greater access to resources. Rethinking ways in which current ideologies about family adversely affect the poor, people of color, and the incarcerated is warranted. These families are worth preserving not only because of the constitutional rights that may be at issue but because in many cases parents, the children, and their communities would benefit from maintaining these ties. Terminating parental rights is often the wrong solution to a complex set of problems; given increased parental incarceration, it is paramount that further efforts to maintain family connections be taken. Parental terminations and hoped-for adoptions are not adequate solutions to the myriad problems that plague these families, these communities, and an underfunded child welfare system. In one account, a child whose father is serving a life sentence states: “‘Many people think we’re doing a service to children, when a parent is doing life, in having them sever contact. . . . But as children, we understand who we are as human beings by understanding who our parents are.’”374

20 See, e.g., State ex. rel. A.H., 2009 UT App 637, ¶ 16, 217 P.3d 278 (upholding termination of parental rights on appeal when parent faced criminal charges and repeated incarceration); In re Doe, 144 P.3d 597 (Idaho 2006); J.W.B. v. Dep’t of Children & Families, 8 So. 3d 1191, 1193 (Fla. Dist. Ct. App. 2009) (concluding a father who had not been physically pre-sent during his child’s life, had not retained contact with his child, and would be incarcerated for a substantial portion of the child’s minority correctly had his parental rights terminated). Jurisdictions rely on a number of factors relating to incarceration such as the length of imprisonment as a basis for finding abandonment. Many of these families face a multitude of barriers to family stability, including poverty and inadequate resources. See, e.g, Geneva Brown, The Wind Cries Mary-the Intersectionality of Race, Gender, and Reentry: Chal-lenges for African-American Women, 24 ST. JOHN’S J. LEGAL COMMENT. 625, 639 (2010); Deborah Paruch, The Orphaning of Underprivileged Children: America’s Failed Child Wel-fare Law & Policy, 8 J. L. & FAM. STUD. 119, 143-44, 163 (2006) (recommending judicial and legislative reform and noting how the intersection of law, policy, and inadequate services to poor families can result in parental terminations); see infra note 107. 21 Margaret Graham Tebo, A Parent in Prison, A.B.A. J., Feb. 2006, at 12, 12-13; Travis, supra note 10, at 31, 40-41. 374 NELL BERNSTEIN, ALL ALONE IN THE WORLD: CHILDREN OF THE INCARCERATED 95 (2005). Fall 2012 The Touro Lawyer Faculty Notes 31 Faculty Notes A recap of faculty publications, presentations and accolades from Spring 2011

HAROLD ABRAMSON a training program, tested the criteria and Suffolk County’s Supreme Court, Commercial Professor of Law training material in three international cities, Division and County Court. Presentations: He served and submitted a final report for implementing Honor: She received a Leadership in the as the keynote speaker for the intercultural certification program. Law – Educator of the year award by Long the annual two-day Island Business News. advanced mediation FABIO ARCILA,JR. conference sponsored by Professor of Law WILLIAM M. BROOKS the ABA, speaking about Presentations and Professor of Law, Director the different ways Publication: Professor of the Civil Rights mediators can educate lawyers and their clients Arcila chaired a panel and Litigation Clinic on how to effectively participate in the served as a participant and Presentations: He spoke at mediation process. He delivered a half-day speaker at the Law & the January 2012 AALS program on mediation advocacy at Brisbane Society Association conference Section on Law Society and also at the Sydney Law Conference in June 2011 Law and Mental Society in Australia. He also co-trained in two and 2012. In fall 2011 he was invited to Disability, speaking on pilots on Intercultural Mediator Training for consult with defense counsel in United States v. “Use of the ADA to Reform the Civil the International Mediation Institute, in Paris Jones, in which the Supreme Court reviewed Commitment System.” He lectured at the and Brisbane. He conducted a two-day warrantless GPS tracking, and as a result conference of the National Association for mediation advocacy training program for the authored an amicus brief supporting the Rights Protection & Advocacy in Hong Kong Law Society. He served as the defendant, all of which he did pro bono. He on the topic of strategies for confronting keynote speaker for a legal educator’s half day has now written an article about the Jones case, psychiatric testimony in civil commitment program organized by the University of which the Court decided in January 2012. The hearings. Toronto Law School, speaking on the article will be published in the North Carolina Publication: Professor Brooks authored an framework for teaching a course on mediation Law Review. Professor Arcila also wrote the article, “The Tail Still Wags the Dog: The representation. He delivered the opening Search and Seizure entry for the Oxford Pervasive and Inappropriate Influence by the plenary talk in Geneva at the annual one-day University Encyclopedia of American Political, Psychiatric Profession on the Civil mediation conference hosted by the World Policy, and Legal History. Commitment Process” in 86 N. Dakota L. Intellectual Property Organization. And he Rev. 259 (2010). He also authored a presented on mediation advocacy at the annual ILENE BARSHAY supplement to his chapter “Litigating Federal ABA Conference on Dispute Resolution in Professor of Legal Process Civil Rights Actions on Behalf of Individuals Washington, DC. Presentation: Together with Mental Disabilities” in Representing People Publications: Professor Abramson’s book with Professor Jonathan with Disabilities (3rd ed.) published by the New Mediation Representation was published by Ezor, she presented a York State Bar Association. Oxford University Press. In addition he program on Expertise: He was featured in a New York authored a chapter titled “Mediation E-Discovery and social Times article titled, “Lifting the Veil on the Representation – Representing Clients media for Theodore Practice of Billing Patients Who Sue.” Anywhere” in a book for European ADR Roosevelt Inn of Court at Professional Activity: Professor Brooks argued practitioners called ADR in Business – Practice Nassau County Bar Association. a significant Americans with Disabilities Act and Issues Across Countries and Cultures, case in the Second Circuit Court of Appeals. Volume II (Edited by Arnold Ingen-Housz, MYRA BERMAN The appeal raised the issues of whether an Wolters Kluwer Publisher, 2011). Assistant Professor of Law accommodation that requires a state official to Professional Activities: He participated as a and Director of act in contravention of state law is inherently judge in the seventh annual ICC Mediation Collaborative Court unreasonable and whether a litigant can file an Representation Competition. He served as the Programs employment discrimination claim against a mediator in the final round of the week long Presentation: She was a local government pursuant to Title II of the Canadian International Mediation presenter in “Court Is In ADA, which covers state and local Representation Competition. He worked on a Session,” Athens Institute governments, or must the litigant file her claim mediation video designed to illustrate good on Teaching and pursuant to Title I, which covers employment. mediation representation practices, organized Research, International Conference on Law, by Manon Schonewille, an internationally July 2012. RODGER CITRON known mediator from the Netherlands and co- Publication: Together with Professor Suzanne Professor of Law chair of the International Committee of the Darrow-Kleinhaus authored a book, The New Publications: Professor ABA Section of Dispute Resolution. York Bar Exam by the Issues (Thomson West Citron published an article Honors: Professor Abramson served as Chair of 2012), co-authored also with Touro Law titled “The Case of the the IMI Intercultural Mediator Certification graduate John Cooney ’08. Retired Justice: How Task Force that created the first ever program Professional Activity: Continuing expansion of Would Justice John Paul to certify intercultural mediators. The Task the American Trial Courts program, with a Stevens Have Voted in J. Force prepared certification criteria, formulate new course focusing on court practice in McIntyre Machinery, Ltd. V. 32 Faculty Notes The Touro Lawyer Fall 2012

Nicastro?” in the Southern Carolina Law Review PETER DAVIS County Bar Association in Utica, NY. He Symposium Issue, Vol. 63, No. 3, Spring 2012. Professor of Law spoke on a panel titled “How Much Exposure He also authored a book review on Snigda Publications: Professor Does Your Organization Have? Social Media Prakash’s All the Justice Money Can Buy on Davis authored “Civilizing & Privacy Policies” for the IT committee on Justica.com. His article, “The Last Common Discussion in the Law the Forum for Technology at the Law Justice: The Personal Jurisdiction School Classroom” in the Morrelly Homeland Security Center in Jurisprudence of Justice John Paul Stevens,” Spring 2012 issue of The Bethpage, NY. He co-presented with Michael was published in the University of Detroit Mercy Law Teacher. He was Lackey on “Ethical Issues on the New Law Review. included among a number Frontier” as part of the Westchester/Fairfield Professional Activity: He was co-director of a of lawyers who contributed to a Long Island County Chapter of the Association of CLE conference held in Paris, France titled, Business News article called “New York’s Corporate Counsel’s Day of Social Media. He Persecution Through Prosecution: Alfred Absurd Laws.” delivered a CLE session on Social Media and Dreyfus, Leo Frank and the Infernal Machine” Legal Ethics at Cardozo Law School. He where he also served as a moderator. SUZANNE DARROW- participated in a panel presentation as part of a KLEINHAUS conference at Hofstra called “The Ethical Use SHAWN M. CRINCOLI Professor of Law and of Internet Cloud Based Apps and Social Associate Professor of Law Director of Academic Media (ICASM) in Health Care.” He Presentations: Professor Development presented on “Attorney Ethics in a Social Crincoli presented a CLE Publications: Professor Media World” at the ALM Corporate Counsel workshop “Legal Issues Kleinhaus authored an East Coast Conference on Social Media: Risks and Documentation 101 article for the Touro Law and Rewards in December 2011. He presented for Trans Individuals and Review which is in the on social media risks and rewards to students at Families” at the most recent edition titled, Developing New York Law School in November 2011. Philadelphia Trans-Health Professional Identity Through Reflective Practice. He served on a panel on social media ethics Conference. He participated in two panels at Together with Nancy Chanin she wrote and compliance issues for Long Island chapter the International Conference on Law & “Making IRAC Visible” in the Spring 2012 of Financial Executives International. He Society, giving a presentation titled “The issue of The Law Teacher. She authored “It’s served on a panel on Tweeting for Business at Regulation of Rights-Based Identities and the Not Just a Writing Problem” in the January Fair Media Council’s Media Connection Day. Athletic Self” in a panel on “Constructing 2012 issue of The Learning Curve. Together He presented on “Communicating Gendered and Other Identities Through Law” with Professor Myra Berman ’05 authored a Electronically as an Attorney: Practical and and he was Chair and a discussant for a panel book, The New York Bar Exam by the Issues Ethical Concerns and Best Practices” at the Bar titled “Transacting Business and Controlling (Thomson West 2012), co-authored also with Association of the City of New York’s Bar Finance: Between Self-Interest and The Touro Law graduate John Cooney ’08. Boot Camp in September 2011. He .” He participated at a symposium on Honors: She has a contract with West for a participated in a panel on the developments in “Transcending Barriers: Strategies for Change whole new series of books called Mapping the online behavioral tracking and privacy law as in Transgender Rights” hosted by the Harvard Law. She is co-authoring the first in the series part of a joint session of the Information Journal of Law and Gender at Harvard Law with Professor Sidney Kwestel titled Mapping Technology and Entertainment Law School. He spoke at the World Professional Contracts and is the series editor. Committees of the Association of the Bar of Association for Transgender Health (WPATH) the City of New York. He was a co-organizer biennial symposium at the Emory Conference DANIEL DERBY of and speaker at the 140 Characters Center on “Treating and regulating the Professor of Law Conference Long Island at Touro Law Center transgender athlete: How the intersection Presentation: Professor in May 2011. between law and medicine acts to include or Derby moderated a panel Publications: Professor Ezor published an exclude opportunity in sport.” His paper, on “North American article titled “Judicial Misunderstanding of “Critiquing the Hormone-Based Approach to Legal Developments – Technology and Child Pornography” in Law Regulating Intercollegiate Transgender 2011 and Beyond” at the Technology News. He authored an article for Athletes” was part of a panel on Sex, Sexuality AALS Conference held in the May 2012 issue of the Suffolk Lawyer and Transgender: Challenges and January 2012. titled “Illustrating the Added Risks of the Opportunities for Intercollegiate Athletics at Internet.” He wrote an essay, “Big Social the NCAA 2011 Scholarly Colloquium on JONATHAN EZOR Media Initiatives, Big Legal Questions,” on the College Sports. Publications: Professor Crincoli Assistant Professor of Law legal issues of new social media advertising authored “NCAA Transgender Student- & Director, Institute for initiatives, that appeared on Law360.com. He Athlete ‘Policy’: Analysis,” World Sports Law Business, Law and published an op-ed in Long Island Business Report (2011). He wrote “The IAAF Technology News titled “Small Biz Vulnerable.” He wrote Hyperandrogenism Regulations and Presentations: Professor “False Friends: The Ethical Limits of Discovery Discrimination,” in World Sports Law Report Ezor has been a regular via Social Media” in Law Technology News. (2011). He also authored “You Can Only co-host of the Center for He authored an article for webOS Nation Race if You Can’t Win? The Curious Cases of Computer Assisted Legal called “Decoding open source for webOS and Oscar Pistorius & Caster Semenya,” 12 Tex. Instruction (“CALI”) “Law School Tech beyond.” He authored “Busting Blocks: Rev. Ent. & Sports L. 133 (2011). Talk” podcast. He presented a 3 hour CLE Revisiting 47 U.S.C. § 230 to Address the Honor: He was invited to join the WPATH titled “Pitfalls and Promises of Social Media Lack of Effective Legal Recourse for Wrongful Legal Issues Committee. and Mobile Lawyering” for the Oneida Inclusion in Spam Filters” published by the Fall 2012 The Touro Lawyer Faculty Notes 33

University of Richmond Journal of Law and “Penalty Clauses and the CISG,” 30 J. L. & Publication: Professor Kaufman authored Technology in February 2011. He authored COMM. 153 (2012). His article, “Court “Deference or Abdication: A Comparison of “ABA on Collision Course with New Litigation Over Arbitration Agreements: Is It the Supreme Courts of Israel and the United Technology” for Law.com. Time for a New Default Rule?” was accepted States in Cases involving Real or Perceived Expertise: He was quoted in multiple Mobile for publication by the American Review of Threats to National Security,” to be published Marketer articles on online advertising-related International Arbitration. He authored by Washington University’s Global Studies Law patent cases. He was quoted in Long Island “Arbitration as Contract: The Need for A Review. Business News several times as a legal expert. Fully Developed and Comprehensive Set of Professional Activity: She provided pro bono He was quoted in a article Statutory Default Legal Rules” in the William assistance in two cases involving political on the Amazon Tax initiatives. He was quoted and Mary Business Law Review, Volume 2, Issue asylum claims by Tibetan refugees. in a Newsday article on managing information 2, April 2011. He authored “CISG Article 6 Honors: Professor Kaufman was recognized by overload and an article on Law.com about and Issues of Formation: The Problem of the Tibet Justice Center in the release of their encryption for attorneys. He has appeared Circularity” in Annals of the Faculty of Law In long-awaited report on Tibetan refugees in numerous times on News 12 as a legal expert Belgrade Law Review, Journal of Legal and India, “Tibet’s Stateless Nationals II: Tibetan on a variety of topics related to business and Social Sciences, University of Belgrade, Year Refugees in India.” She received the Teacher technology law. He was quoted in the New LIX, 2011, No. 3. He wrote “Competence- of the Year award. She serves as Co-Chair of York Law Journal on January 28, 2011 in an Competence and Separability – American the NYSBA Committee on Legal Education article about online defamation. Style,” Chapter 8 in International Arbitration and and Admissions to the Bar. International Commercial Law: Synergy, JOAN FOLEY Convergence and Evolution, edited by S. Kroll, DESERIEE KENNEDY Associate Professor of Law L.A. Mistelis, P. Perales Viscasillas & V. Professor of Law Presentations: Professor Rogers; Wolters Kluwer: The Netherlands, Presentation: Professor Foley presented “Practice 2011. Kennedy spoke at the Skill: Orally Reporting on Northeast People of Color Legal Research Results JOHN GRESHAM conference titled and Analysis” at the Assistant Professor of Law Exploring the American Rocky Mountain Legal and Director of the Family at Hofstra Writing Conference, with Veterans’ and University. She was on a Ann Nowak. She participated in the Second Servicemembers’ Rights panel addressing “The Hidden Regulation of Annual Empire State Legal Writing Clinic the Family” and her talk was titled “Love conference, giving a presentation titled Presentation: Professor Behind Bars: Child Welfare & The Impact of “Learning in Context: Simulation in Persuasive Gresham presented at a Mass Incarceration.” Writing Course Design and Assignment Dean’s Hour CLE at the Publications: Love Behind Bars: The Darker Design.” Nassau County Bar Association on various Side of Incarcerating Mothers, topics related to the rights of veterans and INCARCERATED MOTHERS: JACK GRAVES servicemembers. OPPRESSION AND RESISTANCE Professor of Law (Gordana Elijdupovic and Rebecca Jaremko Presentations: Professor LOUISE HARMON Bromwich, co-editors) Demeter Pressis Graves presented “Court Professor of Law forthcoming. The Good Mother,” Mothering, Litigation Over Presentation: She Feminism, and Incarceration, 18 William & Arbitration Agreements: Is participated in a Mary Journal of Gender and the Law 161 (2012). it Time for a New Default conference at Fordham Children, Parents, & the State: The Rule?” and “Could Not Law, Dylan and the Law, Construction of a New Family Ideology, 26 Have Been Unaware – presenting on the same Berkeley Journal of Gender, Law & Justice 78 Are We Aware of its Meaning Under CISG topic as the published (2011). Article 8?” at the 7th Annual International piece. Honors: She was invited to join the Nassau Contracts Conference held at Thomas Publication: Professor Harmon published “Bob County Judicial Committee on Women in the Jefferson School of Law. He also moderated Dylan on Lenny Bruce: More of an Outlaw Courts. Professor Kennedy is a member of the the panel on “Regulation and Adjudication of Than You Ever Were” in 38 Fordham Urban Board of Directors of the Nassau Coalition Contracts” at the conference. He gave a Law Journal 1267 (2011) Against Domestic Violence. presentation on “Disparate National Laws and Court “Skirmishes” over Enforcement of EILEEN KAUFMAN RICHARD D. KLEIN Arbitration Agreements: Is It Time for a new Professor of Law Bruce K. Gould Default Rule?” at the University of Missouri Presentation: She was the Distinguished School of Law. He spoke at the ABA Keynote speaker in a Professor of Law International Law Section about “The Nuts program marking the Publications: His book, and Bolts of the CISG versus the UCCC” in tenth anniversary of 9/11 “Recent Landmark Dublin, Ireland. He spoke at Stetson titled “Civil Liberties: Ten Criminal Law Decisions of University College of Law for the annual Years After 9/11.” Her the Supreme Court: The contract law conference, giving a talk about speech was titled, “The Jurisprudence of the the validity of penalty clauses under the CISG. Aftermath of 9/11: Echoes of Earlier Reactions Supreme Court: Fair Trials. Juvenile Justice, Publications: Professor Graves authored to National Crisis.” the Death Penalty, and the Right to Counsel,” 34 Faculty Notes The Touro Lawyer Fall 2012

was published in May 2012 by Lambert and chaired their annual Book Luncheon. She Law called Dylan and the Law, co-sponsored Academic Press. He had two articles published, was reappointed as Chair of the Suffolk by Touro Law Center and delivered the “An Analysis of China’s Human Rights County Bar Association Scholarship opening remarks. He was a moderator at a Policies in Tibet: China’s Compliance with the Committee. CLE conference held by Touro Law in Paris, Mandates of International Law Regarding France titled, Persecution Through Civil and Political Rights” published in the SYDNEY KWESTEL Prosecution: Alfred Dreyfus, Leo Frank and ILSA Journal of International and Comparative Professor of Law the Infernal Machine.” He was director of the Law , and “New Paths for the Court: Publications: Professor Kwestel authored “Sale annual Religiously Affiliated Law Schools Protection Afforded Juveniles Under Miranda; of Goods Contract Not to be Performed Conference held at Touro Law in May 2012, Effective Assistance of Counsel and Habeas Within a Year: Is the Uniform Commercial where he also moderated and served on several Corpus Decisions of the Supreme Court” Code Statute of Frauds Provision Exclusive?”, panels. published in the Touro Law Review. 76 No. 3 U.C.C. Bulletin 1, April 2012. He Publications: He published “Bob Dylan and Expertise: Professor Klein was quoted in authored “Late Delivery – Measure of the Law - Foreword” 38 Fordham Urban Law Newsday and appeared on News 12 about Damages”, the lead article in the January 2011 Journal 1267 (2011) and “RLT: A Preliminary federal prosecutions of former employees of issue of the UCC Bulletin published by West Examination of Religious Legal Theory as a the Long Island Railroad. He was quoted in Thomson Reuters. Movement,” 85 St. John’s Law Review 579 Newsday as an expert in wrongful confessions Honors: He was named as one of two top (2011). Professor Levine published an article regarding the Etan Patz case. He was experts in Contracts Law on Long Island by titled, “Rethinking Self-Incrimination, interviewed by the National Wire Service and Long Island’s PULSE magazine. Voluntariness, and Coercion Through a appeared on the Regional News Network as Perspective of Jewish Law and Legal Theory,” an expert regarding self defense and the killing SAMUEL J. LEVINE in The Journal of Law in Society, published by of Trayvon Martin in Florida. He has been Professor of Law and Wayne State University Law School, Volume quoted as an criminal law expert numerous Director of the 12, No. 1 & 2, Fall 2010 and Winter 2011. He times by Newsday. He appeared on Hofstra Jewish Law Institute published “Hosanna-Tabor and Supreme University Public Radio as an expert discussing Presentations: Professor Court Precedent: An Analysis of the the Casey Anthony trial. Levine presented a lecture Ministerial Exception in the Context of the Honors: He was elected Class Professor in as part of the Catholic Supreme Court’s Hands-Off Approach to 2011 and gave an address to students at the Social Thought Lecture Religious Doctrine” in the Northwestern graduation ceremony. Series at Loyola University University Law Review Colloquy, Volume 106, Professional Activites: He was appointed by Maryland, titled “An Introduction to Criminal 2011. He published Jewish Law From Out of the Chair of the American Bar Association’s Law and Ethics.” He moderated a panel on the Depths: Tragic Choices in the Holocaust in Criminal Justice Section to serve on the “Jewish Law at Harvard: Rediscovering the Washington University Global Studies Law Subcommittee on Ethics, Gideon and Nathan Isaacs” at the AALS Conference held Review, Vol. 10:133, 2011. He authored Professionalism; to serve on the Defense in January 2012. He spoke at the University of “Taking the Ethical Duty to Self Seriously: An Function Committee; the Racial and Ethnic Toledo Law School about “An Analysis of Essay in Memory of Fred Zacharias” San Diego Justice and Diversity Committee; the Punishment in Jewish Law, With Law Review, Vol. 48, No. 1, Winter 2011. He Alternatives to Incarceration and Restorative Possible Lessons for the American Legal wrote, “Untold Stories of Goldman v. Justice Committee, and to the Judicial System.” He delivered the David S. Stone Weinberger: Religious Freedom Confronts Function Committee. He also served on the Foundation Jewish Law Lecture, sponsored by Military Uniformity” in the Air Force Law Working Committee of the Association of the United Jewish Council of Toledo, on the Review, Winter 2011. American Law Schools’ Criminal Justice topic “Jewish Legal Ethics.” He spoke at the Honors: Professor Levine was selected as Chair Section. He is a Public Interest Law Mentor Chabad Center for Jewish Life at University of of the Journal of Law and Religion Advisory for . Illinois on “Ancient Wisdom and Committee. contemporary Controversies: Insights From the LYNNE ADAIR KRAMER Talmud for the American Debate on Capital MICHAEL E. LEWYN Adjunct Professor of Law Punishment.” He spoke at a conference titled Associate Professor of Law and Director of the Court “The Future of the Establishment Clause in Presentations: He spoke at Observation Program Context: Neutrality, Religion, or Avoidance?” the University of Illinois’s Publication: She co- at Duquesne Law School. He gave a planning department on authored her first fiction presentation at the Chabad on Campus 10th “Regulated Into novel which is currently Annual International Conference. He “Automobile being edited. presented a CLE in Jewish Ethics which was Dependence: How City Honors: Professor Kramer co-sponsored by the Jewish Federation of Hall Mandates Sprawl and was appointed to the board of managers of the Northeastern New York and the Albany Law What Planners Can Do About It.” He also Suffolk County Charitable Foundation, a School. He spoke at the North Shore Jewish presented at the University of Illinois College newly formed charitable arm of the Bar Center about capital punishment in Jewish law of Law on “Judaism and Sprawl.” Association. She was re-elected as President of and American law. He spoke at the 17th Publications: Professor Lewyn authored a book the board of the Suffolk Y Jewish Community Annual Conference on Talmud and A Libertarian Smart Growth Agenda: How to Center. She is chair of the National Jewish Contemporary Law in St. Louis, co-sponsored Limit Sprawl Without Limiting Property Rights Sports Hall of Fame and Museum. She was by Chabad of St. Louis and the Greater St. from LAP Lambert Academic Publishing (May 3, elected as Vice President of the Board of Louis Jewish Federation. Professor Levine was 2012). He also wrote “Sprawl in Canada and Victims Information Bureau of Suffolk (VIBS) co-director of a conference held at Fordham the United States”, 44 Urb. Law. 85 (2012). Fall 2012 The Touro Lawyer Faculty Notes 35

He authored “Alternative Learning Formats in MEREDITH R. MILLER ANN NOWAK a Land Use Seminar” in a symposium issue in Associate Professor of Law Director of the an online journal, Pace Environmental Law Presentations: Professor Writing Center Review Online Companion, Volume 2, Issue 1: Miller presented on Presentations: She Practically Grounded: Best Practices for Skill strategic default and the delivered a 45-minute Building in Teaching Land Use, tension between efficiency presentation titled “The Environmental, and sustainable Development and morality in contract Required Online Writing Law, Summer 2011. He also published “What law at Stetson University Workshop: One Law Would Coase Do? (About Parking College of Law. She was School’s Tough-Love Regulation)” in the Fordham Environmental Law on the Steering Committee for the 7th Annual Solution to a Pervasive Problem” on Touro Review, Volume XXII, Number 1, Winter Conference on Contract Law at Thomas Law’s new writing skills program at the 15th 2010. Jefferson School of Law, where she moderated Biennial Conference of the Legal Writing a panel on “contracts in action” and presented Institute, presenting with Stephanie Juliano. TRACY MCGAUGH “Party Sophistication and Value Pluralism in She delivered a presentation titled “Practice Associate Professor of Contract” as part of a panel on Contractual Skill: Orally Reporting on Legal Research Legal Process Fairness. Professor Miller also presented the on Results and Analysis” at the 12th Annual Presentations: Professor value pluralism in contract law at a conference Rocky Mountain Legal Writing Conference, McGaugh spoke at the at Netanya Academic College in Israel, where presenting with Joan Foley. She also presented New Teachers Workshop she participated in the Scholar Exchange “Legal Writing as Performance Art: Teaching in Washington, D.C. as a Program. Student Writers to Develop Audience panelist for the opening Publications: Professor Miller authored “An Awareness” at the 11th Annual Rocky plenary session on “The Illusory Right to Appeal: Substantial Mountain Legal Writing Conference. Changing Nature of Law Students.” She was Constitutional Questions at the New York Additionally, she delivered a presentation titled also a panelist for a session called “Teaching Court of Appeals” in the New York issue of “Comparative Scholarship” and also Your First Law School Course” and facilitated the Pace Law Review, Volume 31, Number 2, participated in a panel called “Legal Education small group discussions for new legal writing Spring 2011. She authored “Strategic Default: in the Light of Constitutional Principles” at the professors. She participated in a conference at The Popularization of a Debate Among 21st Century Legal Skills Conference in Fordham Law, Dylan and the Law, presenting Contract Scholars” for the April 2011 issue of Istanbul, Turkey. She presented “The Concept “The Lonesome Death of Hattie Carroll: Cornell Real Estate Journal. of Audience: Teaching Theater Theory to Using Dylan’s Primer on Theory of the Case Professional Activity: Professor Miller Help Students Strengthen Their Writing” at in the First Year.” She presented at Emory continues to serve on the Judicial Screening the annual conference of the South Central Law International Law Review’s symposium Committee of the LGBT Bar Association of Writing Centers Association in Texas. She was “A Worldwide Response: An Examination of Greater New York. a panelist at a one-day national training International Law Frameworks in the workshop for legal writing professors and Aftermath of Natural Disasters.” Her poster JEFFREY MORRIS adjuncts, speaking about “Thinking Forward,” presentation, created with Kathleen Bergin, Professor of Law how to make scholarship happen including titled “From the Classroom to the Camps: Presentation: He was a numerous practical tips. She also presented Defending Human Rights in the Aftermath of moderator at a CLE “Publishing Across Borders – Understanding Disaster” was selected by the AALS Section on conference held by Touro the U.S. and Foreign Markets for Legal International Human Rights for presentation Law in Paris, France titled, Scholarship” at the Global Legal Skills during the 2011 conference. She spoke at Persecution Through Conference VII in San Jose, Costa Rica. Fordham Law School on “The Disaster of Prosecution: Alfred Publication: Nowak wrote “An Introduction Disaster Relief: Lessons Learned from New Dreyfus, Leo Frank and to Comparative Legal Scholarship” that Orleans to Haiti.” the Infernal Machine.” appeared in the September 2011 issue of Professional Activities: She was conference Publication: Professor Morris authored “David Kazanci, the law journal of Bahcsehir organizer of the 21st Century Legal Skills Trager: Jurist” in the Fall 2011 Brooklyn Law University School of Law. Conference held in Instanbul, Turkey, co- Review. Honors: She served as an International Pro sponsored by Bahcesehir University and the Professional Activity: His book, Leadership on Bono Legal Specialist for the American Bar Legal Writing Institute. She served on the the Federal Bench: The Craft and Activism of Jack Association’s Rule of Law Initiative project, program committee for the Second Annual Weinstein was reviewed by Judge John Gleeson training attorneys from the Middle East in Law Empire State Legal Writing Conference. She of the Eastern District of New York in the Practice Management. She served as a Deputy testified at a hearing of the Mississippi State January 4, 2012 issue of the New York Law Editor for the International Lawyer, Year-In- Legislature about industrial contamination Journal. The book and Judge Weinstein were Review issue, published by the American Bar affecting communities in Mississippi, urging the subject of an article in the August 5, 2011 Association, Section of International Law. the legislature to investigate the actions of state issue of the Great Neck Record. She served on the Planning Committee for the agencies in neglecting to respond to the Honor: Kenneth Feinberg selected Professor 2012 Empire State Legal Writing Conference. damage and impact. She organized a national Morris’ book as one that every lawyer should one-day training workshop for legal writing read in the ABA Journal, August 2011 issue, in professors and adjuncts held at various sites the article “30 Lawyers Pick 30 Books Every across the United States. Lawyer Should Read.” 36 Faculty Notes The Touro Lawyer Fall 2012

SHARON A. POCOCK 2012 Ethics Update in June 29, 2012. He Processing.” 2011. She participated on two Associate Professor of participated in a CLE titled “Ethics 2012: panels at the American Law and Society Legal Process Being Good When Times Are Bad” sponsored Association Conference 2011, presenting Presentations: Professor by the New York State Bar Association. He “Critical Gaps in Human Rights Discourses” Pocock gave a paper on was part of a panel discussion titled “Freedom on the Culture and Human Rights Panel, and “Family Matters: The of Information vs. Individual Privacy” at the chaired and commented on a second panel Role of Developed Nassau County Bar Association. He moderated entitled 'Interlegality Between State and Non- Familial Connections in a panel at the Religiously Affiliated Law State Legal Orders’. Blurring the Line Between School conference held at Touro Law. He Publications: Perceptions in Litigation and ‘Mystery’ and ‘Novel’” at the Mid-Atlantic presented a CLE on Alternative Work Mediation: Lawyers, Defendants, Plaintiffs and Popular/American Culture Association 2011 Schedules for the Suffolk Academy of Law. He Gendered Parties (Cambridge University Press, conference. She participated in the Second was interviewed by the Jewish Lawyers New York, 2009 and 2011 paperback). She Annual Empire State Legal Writing Association of Nassau County for their 2010- published an essay “Human Rights and conference, giving a presentation titled “Out- 2011 newsletter. Southern Realities” in the Volume 33(2) May of-Class Exercises and Simulations: Expertise: He was quoted several times in 2011 edition of Human Rights Quarterly. Her Maximizing Learning Time and Promoting Newsday and Long Island Business News as an book Perceptions in Litigation and Mediation: Student Autonomy.” Most recently, Prof. expert in professional responsibility. He also Lawyers, Defendants, Plaintiffs and Gendered Pocock spoke at the Third Annual Empire was quoted in numerous articles about law Parties (Cambridge University Press, New State Legal Writing conference on “Visual school education, class size, bar pass rates, and York, 2009), was published in paperback Persuasion and the Law: New Courses in the more including the National Law Journal, New (2011). She wrote “Permeation of CEDAW in Legal Academy Focusing on the Use of Videos York Law Journal, Wall Street Journal, Thomson Non-State Justice Systems of India: Mahila In and Outside the Courtroom.” Reuters and others. Panchayats and Nari Adalats,” in Engaging with Honors: He received a Leadership in the Law Non-State Justice Systems: Principles and DEBORAH W.POST – Educator of the year award by Long Island Practices, United Nations Development Associate Dean for Business News. Program, (UNDP Publication 2011). Academic Affairs and Honor: She was appointed Visiting Researcher Faculty Development and TAMARA RELIS at New York University Law School, invited Professor of Law Assistant Professor of Law by Prof. Jose Alvarez (2012-13). She was Presentations: Professor Presentations: She appointed Manuscript Reviewer for the Post moderated a panel, presented a paper at New Journal of Legal Pluralism 2012. She was “Defensive Causes of York University Law appointed US National Science Foundation Action, Defenses and School (2012) (invited by reviewer of empirical legal & sociolegal Remedies in Contract” at the 7th Annual Prof. Philip Alston) on her research 2011. International Contracts Conference held at forthcoming book, The Thomas Jefferson School of Law. She Purchase of Human Rights: HARRY REICHER presented at AALS in January 2012 at the Standards and Legal Pluralism in the Global South Professor of Law & Section on Minority Groups, on a panel titled (Oxford University Press, forthcoming). She Scholar-in-Residence at “Fostering Diversity and Excellence During participated in the American Law and Society the Institute for Holocaust Challenging Economic Times.” She gave a conference in Hawaii in 2012 as a panel chair Law and International presentation “Recreating a Free Way out: The and discussant on a panel on Critical Topics in Human Rights Deregulatory Effects of Seventh Circuit Human Rights, organized by Prof. Sally Merry Presentations: Professor Jurisprudence” at a conference at the (NYU). She additionally gave a paper entitled Reicher has delivered University of Wisconsin Law School. She “International Human Rights and Social numerous speeches, participated in the AALS midyear meeting on Realities in the Developing World.” She gave addresses and lectures on the Holocaust, the Future of the Law School Curriculum. She a paper on ‘Reappraising Legal Pluralism – discrimination, the Nuremberg Trials and was a moderator of the panel discussion on Models and Practices’ Jubilee Congress of the human rights. He has appeared at various Legal Practice at the Dylan and the Law Commission on Legal Pluralism, U of Cape colleges and universities throughout the Conference at Fordham Law School. Town, S. Africa 2011; She served as a panel country. Publication: Professor Post co-authored a organizer and also presented a paper on the Publications: Professor Reicher has signed a chapter in Vulnerable Populations and “Legal Practices of Women’s Human Rights in contract with Oxford University Press for the Transformative Law Teaching, published by South Asia” at the University of Wisconsin- publication of his book, provisionally titled Carolina Academic Press, 2011. Her essay, Madison Conference on South Asia 2011. She Holocaust Law: Materials and Commentary. He published with Deborah Zelesne, is spoke at Marquette University Law School on authored an article titled “Medicine in the “Vulnerability in Contracting: Teaching First- a panel at their invitation-only conference Third Reich: The 65th Anniversary of the Year Law Students About Inequality and Its titled The Future of Court ADR: Mediation Doctors’ Trial at Nuremberg” in the journal Consequences” and Beyond, which was co-sponsored by the Penn Medicine. He published a feature article, Association of Family and Conciliation Courts, “The Road to Wannsee,” in the Australian LAWRENCE RAFUL 2011. She participated on the Human Rights Jewish News. He published an OpEd column Professor of Law and Development Panel at the Jubilee titled “Invented People” in Hamodia. He Presentations: Dean Raful Congress of the Commission on Legal published “Theater of the Absurd” in Sh’ma: A presented a CLE at Touro Pluralism on “Legal and Quasi-Legal Journal of Jewish Responsibility, No 42/684, Law Center titled the Conceptions of Justice in Human Rights Case November 2011, p 21. He also published an Fall 2012 The Touro Lawyer Faculty Notes 37

article in Ods yiddisher Vort called “No-one fourth edition soon to be added to the THOMAS A. SCHWEITZER Ever Died Illegally in Auschwitz: The Nazis’ searchable databases. The book is Schwartz, Professor of Law Efforts at Legalizing Their Assault on the April; Hunter, Mary Jo B., United States Presentation: Professor Jews.” In connection with the tenth Tribal Courts Directory, William S. Hein & Schweitzer addressed the anniversary of 9/11, he published a short essay Co, 2011. League of Women Voters in the Penn Law Journal examining the Professional Activity: She was elected to the Eastern Nassau Chapter on balance of the right to live with other human Long Island Library Council board of trustees the subject “Religion and rights in the context of national security for a five year term. the Public Schools: A situations. It forms part of a written symposium Survey of the Legal on the theme, “Divining the Meaning of MARTIN A. SCHWARTZ History.” 9/11.” He authored two entries which have Professor of Law Publication: Professor Schweitzer authored a been accepted for publication in Atrocities, Presentations: He gave a letter to the editor in the New York Times on Massacres, and War Crimes: An Encyclopedia Section 1983 presentation April 4, 2012. including “Genocide Convention, 1948” and at the New York State “Nazi and Nazi Collaborators (Punishment) Attorney General’s Office, GARY SHAW Law, 1950.” He published an OpEd titled including a webcast to all Professor of Law “Justice Goldstone: Altogether Too New York Attorney Presentation: He was a Disingenuous” in Hamodia in April 2011. General offices around the moderator at a CLE Honors: Mishpacha magazine published an state in April 2011. He was co –chair (with conference held by Touro article titled “Our Man at the UN,” revolving Dean Chemerinsky) at the Practising Law Law in Paris, France titled, around Professor Reicher’s work, from 1995- Institute Annual Supreme Court Review Persecution Through 2004, as Representative of Agudath Israel Program in August 2011. He was Chair of the Prosecution: Alfred World Organization to the United Nations. Practising Law Institute’s annual program on Dreyfus, Leo Frank and He was interviewed by a documentary crew Section 1983 Litigation. He was Chair and the Infernal Machine.” from the Australian Broadcasting Commission presented with Judge William Young at the Publications: He presented a paper in Paris, in connection with a documentary being made Practising Law Institute Annual Trial Evidence France entitled “Due Process in American to mark the 20th anniversary of the Crown Program in April 2012. He also organized and Military Tribunals”, to be published in the Heights riots. presented at Touro Law Center’s Annual Leon Touro Law Review, Summer 2012. His article, Lazer Supreme Court Review Program in A Heretical View of Teaching: A Contrarian LEIF RUBINSTEIN October 2011. Looks at Teaching, the Carnegie Report, and Assistant Professor of Law Publications: Professor Schwartz published Best Practices, will be published in the Touro and Director of the supplements for Section 1983 Litigation:Claims Law Review, Fall 2012. Mortgage Foreclosure and and Defenses(3 volumes) and Section 1983 Expertise: Professor Shaw was quoted in Bankruptcy Clinic Litigation: Federal Evidence and Section 1983 Newsday about the constitutional issues with a Presentations: He Litigation: Jury Instructions. He authored Section Suffolk County plan to keep gangs out of presented the Bankruptcy 1983 Litigation: Statutory Attorney’s Feeds certain areas. in Foreclosure part of the (4th ed 2011)(with Kirklin), Trial Evidence Suffolk Academy of Law 2012 PLI Course Handbook, Evidence MARJORIE SILVER all day Soup to Nuts foreclosure program in Developments in Police Misconduct Cases, Ch Professor of Law May 2011. He participated in a group 6, West Civil Rights Litigation and Attorney’s Fees Presentations: Professor presentation at the Theodore Roosevelt Inn of Annual Handbook (2011). He also published Silver presented at the Court titled “Sale of Real Estate in a Down “Impeachment Methods Illustrated: Movies, annual Law & Society Market.” He spoke at a Suffolk Academy of Novels, and High Profiles Cases” 28 Touro Law meeting in June 2012 on Law CLE program on the New York State Review 101 (2012)(with John Nicodemo). He Engagement, Happiness and Bankruptcy Exemptions. He was also on the published an article in the New York Law Meaning in Legal Education faculty of the Suffolk Academy of Law “Bridge Journal called “Supreme Court Overturns $14 and Practice. In March the Gap” program for newly admitted Million Verdict for Wrongful Conviction.” He 2012, she spoke at Albany Law School’s attorneys discussing foreclosure laws in New authored several columns in the New York Law Center for Excellence in Teaching Conference York. Journal, including: Grand Jury Witnesses on Setting and Assessing Learning Objectives: Absolutely Immune From Section 1983 Putting the Student in Control in the Civil APRIL SCHWARTZ Liability; Supreme Court Again Narrows the Externship. Also in March she delivered an Associate Dean, Associate Bivens Remedy; Second Circuit Civil Rights overview of Therapeutic Jurisprudence at Professor of Law and Fee Developments; FeeAwards to Prevailing Fordham Law School’s Sixteenth Annual Director of the Gould Law Section 1983 Defendants; Supreme Court Domestic Violence Conference, “Healing or Library Qualified Immunity Developments; Supreme Hurting?” and attended and spoke at the Publication: She co- Court Rejects Public Employee Petition Externship VI Conference in Boston, about authored the fourth Clause Retaliation Claim. the benefits and challenges of for-profit edition of the U.S. Tribal externship placements. In September 2011 she Courts Directory. In attended a retreat of the Project on Integrating addition, the 2006 and 2008 editions are now Spirituality, Law and Politics and spoke on available on HEINONLINE in the new Transforming Civil Procedure into a Humanistic and American Indian Law Collection, with the Holistic Dispute Resolution Course. She organized 38 Faculty Notes The Touro Lawyer Fall 2012

and presented a panel titled Snatching Wellness DAN SUBOTNIK Know About Mediation: A Lawyer’s Guide.” from the Jaws of Law School at the 34th Professor of Law She participated on a panel sponsored by the Congress of the International Academy of Law Presentations: He spoke at NY County Lawyers’ Association on “Ethics and Mental Health in Berlin in July 2011. In the George Washington and Arbitration and Mediation.” She filmed a March 2011, she participated in a weekend- Law School on “Sex, one-hour video and powerpoint presentation long “think tank” of legal innovators on The Freedom, and Regulation; for LawLine on “What You Need to Know Politics of Meaning in New York. She presented or Are We at the Limit of About Health Care Mediation: Resolving an all-day training on Attorney/Client Rape Reform?” He Disputes Peacefully.” She led a two day Boundary issues for the Second Department presented “Speaking workshop in Mexico on “Mediation: Mental Hygiene Legal Services attorneys in Honestly About Race and Gender in Law Resolving Conflicts Peacefully.” She was a White Plains, NY in February 2011. School” at Northwestern University School of moderator at a CLE conference held by Touro Publications: Professor Silver’s introduction to Law. He delivered “Are We at the Limit of Law in Paris, France titled, Persecution the Balance in Legal Education Symposium, Rape Reform?” at Chicago Kent Law School. Through Prosecution: Alfred Dreyfus, Leo Humanism Goes to Law School, appears in the He participated in a debate with Professor Frank and the Infernal Machine.” fourth issue of Volume 28 of the Touro Law Daniel Dye of the University of Phoenix Law Publication: Professor Swartz wrote a letter to Review. Her essay, Why I Teach, was reprinted School, presenting “Critical Race Theory and the editor published in the New York Times in HESS, ET AL., TECHNIQUES FOR President Obama’s Speech.” He presented “Is called “Legalizing the Use of Medical TEACHING LAW II (June 2011). the Law School a Racist Environment’ at the Marijuana.” Professional Activity: Professor Silver was University of Arizona Law School. He featured in an article in the February 2012 issue presented “Sex, Freedom, and Rape Reform” SOL WACHTLER of the ABA Journal called Speaking Up: Helping at Tulane University Law School. He spoke at Adjunct Professor of Law Law Students Break through the Silence of the University of Montana Law School and the Presentations: He Depression. She has spoken about her own University of Idaho Law School in Moscow, presented the 9th Annual experience with Depression at Touro Law presenting “Can We Speak Honestly About Hon. Hugh R. Jones Center in February 2011 and April 2012, and Race?” He spoke at the Florida A&M Law Memorial Lecture at at the Brooklyn Bar Association as part of a School, presenting “Have Law Schools Albany Law School, in a Lawyer Assistance Program in June of 2012. Eradicated Racism?” He participated in a talk co-sponsored by the Honor: She was elected chair of the AALS debate with Stephen Menendian of Ohio State Fund for Modern Courts. Section on Balance in Legal Education for School of Law’s Kirwan Institute for the Study He was a moderator at a CLE conference held 2011. of Race and Ethnicity titled “Are Law Schools by Touro Law in Paris, France titled, Still Racist?” He spoke about “Critical Race Persecution Through Prosecution: Alfred LEWIS SILVERMAN Theory and the Akaka Bill” at the Grassroot Dreyfus, Leo Frank and the Infernal Machine.” Associate Professor of Institute of Hawaii. He presented "Does the He also was a moderator at the Religiously Law, Director of Greater Pain of Sexual Harassment and Assault Affiliated Law School conference held at Externship Programs, Justify a Lesser Evidentiary Standard? A Look Touro Law in May 2012. Director of the Family at the New Rules on American Campuses" at Publication: Professor Wachtler authored an Law Clinic the Union of Cuban Lawyers in Havana, OpEd in Newsday titled “Time for our Service Presentations: Professor Cuba. to the Vets.” Silverman attended and Publications: Professor Subotnik published moderated a panel “Do Law Schools Mistreat Women Faculty? PETER A. ZABLOTSKY Externships, the Biennial Conference of Or Who’s Afraid of Virginia Woolf?” Akron Professor of Law Externship Professionals, speaking about the Law Review, Volume 44, Number 3, 2011 and Presentation: He was a Benefits and Challenges of for-profit “The Forest and the Trees – An Argument for moderator at a CLE externship placements. He served as the Chair Training Students in Tax Return Preparation,” conference held by Touro of the Symposium Planning Committee for the The Teacher, March 2011. He wrote an essay Law in Paris, France titled, 4th Annual Symposium of the Suffolk County for the Spring 2011 issue of The Law Teacher, Persecution Through Task Force to Prevent Family Violence, a full published by Gonzaga Law School and Prosecution: Alfred day meeting and CLE. He served as co-chair Washburn Law School titled, “Why All Dreyfus, Leo Frank and and moderator of the New York State Bar Students in the Basic Tax Course Should the Infernal Machine.”Expertise: Professor program titled “Same-Sex Marriage in New Prepare a Return.” Zablotsky was quoted in Long Island Business York.” News in an article titled, “Proving Disability by Expertise: He was quoted extensively in an BARBARA SWARTZ Turning Tables.” article in the September/October 2011 edition Distinguished of the State Bar news from the New York Professor of Law State Bar Association in an article titled, “Sam Presentations: She gave a Sex Marriage and its Impact: A State Bar talk in San Miguel de Priority.” Allende, Mexico on Honors: Professor Silverman and the Family “Facing the Grand Finale: Law Clinic were recognized by the Suffolk Starting The Difficult End County Bar Pro Bono Foundation at their of Life Conversations.” Annual Recognition Night in March 2012 She made a one hour presentation for CPR International titled, “What You Need To Fall 2012 The Touro Lawyer Alumni Council 39 Rosicki, Rosicki & Associates, P.C. wins the 2011 Law Firm Challenge

Tom Rosicki, Cynthia Rosicki, and Dean Lawrence Raful with the Law Firm Challenge Cup.

Touro Law alumni from the law firm of Rosicki, Rosicki & Associates, P.C. were presented with the Touro Law Firm Challenge Trophy at the Annual Winter Alumni Reception at Le Marais on January 26, 2012.

The Law Firm Challenge was introduced in 2010 and the inaugural competition year ran through December 31, 2011. Firms employing five or more alumni competed against one another in an effort to reach 100% alumni giving at their respective firms. Alumni are invited to give a gift in an amount that fits within their philanthropic goals to the Annual Fund. All gifts to the Law Center by alumni at participating firms during the challenge year count toward the firm’s participation goal. The winners of the Law Firm Challenge, in addition to bragging rights, will have their firm’s name engraved on the Touro Law Cup and will hold the trophy for display at their firm for the year. All firms received a visit from Dean Raful during the course of the year for their choice of breakfast or lunch.

The Law Firm Challenge as a component of the Touro Law Annual Fund provides resources for the dean to use where the need is greatest. Programs at Touro Law which receive Annual Fund support include student scholarships, hosting distinguished speakers and library enhancements.

Congratulations to Rosicki, Rosicki & Associates, P.C., winners of the 2011 Law Firm Challenge, and to the firm of Silverman Acampora which placed second. The team agents were respectively, Tom Rosicki for Rosicki, Rosicki & Associates, P.C. and Randy Schaefer for Silverman Acampora LLP.

Thank you to the firms and alumni who participated! To learn more about, or to join the Challenge, please contact Annual Fund Coordinator Caitlin Uihlein at (631) 761-7065 or e-mail [email protected]. 40 Alumni Council The Touro Lawyer Fall 2012 Welcome Newest Alumni Council Members

Our volunteer Alumni Council continues to grow –with nearly 250 members. Alumni support through the Council has been a great success, providing alumni volunteers for Accepted Student Receptions, Orientation lunches, student competitions and Alumni-Student networking receptions. Students continue to benefit from meeting and working with members of the Alumni Council – networking and receiving valuable advice and support.

Newest Alumni Council Members from October 2010 - June 2012 Class Class Class Name Year Name Year Name Year Ouzy Azoulay 2006 Therese Ebarb 1993 Matthew Moisan 2008 Penelope Blizzard-McGrath 2010 Annemarie Grattan 2010 Melanie Nolan 2008 Lane Bubka 2010 Daniel Hallak 2010 Jean Pagliughi 1988 Christopher Chimeri 2011 Jason Klimek 2011 Brian Picarello 2010 Evan Cohen 1989 Melissa Kollen-Rice 2004 Carol Ryder 2008 Connie Corsentino 2001 William Kowalenko 1995 Justin Smiloff 2006 Megan DiMiceli- Glaser 2008 Peter LaPiana 2002 Jessica Sparacino 2008 Byron Divins 1996 Jennifer Mendelsohn 1991 Andrew VanSingel 2010

Thank you to all our Alumni Council members who have volunteered and participated in a number of events, programs and competitions highlighted below:

Accepted Student Receptions

In 2011 and 2012, Touro Law Center hosted the Accepted Student receptions, inviting accepted student to meet with member of our faculty, administration and Alumni Council. Thank you to our alumni who volunteered to attend the receptions – meeting with accepted students and providing valuable input into the Touro Law Center Community.

March 2011 - Jeff Donato ’00; Brian Duggan ’05; Alison Epilone ’08; Rachel Freeman ’07; Hon. John Andrew Kay ’05; Peter LaPiana ’02; Melanie Nolan ’08; Violet Samuels ’99; Randy Schaefer ’92; Danielle Schwager ’98; Harold Somer ‘83

April 2012 - Lane Bubka ’10; Christopher Chimeri ’11; Michelle Cohen ’07; Jeff Donato ’00; Pamela Greene ’98; Daniel Hallak ’10; Nancy Hark ’03; Todd Jones ’08; Richard Langone ’98; Daniel Okrent ’95; Carol Ryder ’08; Sherli Saed ’95; Violet Samuels ’99; Randy Schaefer ’92; Danielle Schwager ’98; Sarah Simpson ’08; Harold Somer ’83; Margarett Williams ’05; David Willson ’89 Fall 2012 The Touro Lawyer Alumni Council 41

Alumni Orientation Welcome Lunch

On Sunday, August 12, 2012, a group of Touro Law Alumni gathered to attend the Orientation Welcome Lunch to help meet and greet the class of 2014. The lunch was the start of a week-long orientation program and students enjoyed meeting with outstanding members of our Alumni community – thank you to all who attended.

Rudolph Baptiste ’08; Lisa Brantman ’93; Chris Chimeri ’11; Jeff Donato ’00; Byron Divins ’96; Alison L. Epilone ’08; Crysti Farra ’09; Steven Goldstein ’86; Carl Grant ’97; Pamela Greene ’98; Spencer Horn ’05; Todd Jones ’08; Honorable John Andrew Kay ’05; Peter LaPiana ’02; Jennifer A. Mendelsohn ’91; William L. Murphy ’11; Sherli Saed ’95; Violet Samuels ’99; Heidelind Semmig ’02; Sarah Simpson ’08; Frederick Vogeney ’06

Alumni-Student Networking Receptions

Starting in the fall of 2010, together with the Student Bar Association, two Alumni-Student Networking Receptions were held in the Fall of 2010 and the Spring of 2012. At each receptions, students had the opportunity to meet with alumni in a number of different areas of practice including criminal law, family law, corporate law, real estate, personal injury and more. Thank you to all our alumni volunteers listed below for making these receptions a resounding success.

Ouzy Azoulay ’06; Leonard Badia ’07; Lane Bubka ’10; Timothy Byrnes ’06; Christopher Chimeri ’11; Michelle Cohen ’07; Jeff Donato ’00; Alison Leigh Epilone ’08; Rachel Freeman ’07; Megan Glaser ’08; Steven Goldstein ’86; Pamela Greene ’98; Daniel Hallak ’10; Norman Heller ’93; Todd Houslanger ’88; Jennifer Kennedy ’09; Elizabeth Lambert-Gullo ’08; Keith Lederman ’97; Christine Malafi ’91; Aaron Meyer ’08; Ray Negron ’01; Melanie Nolan ’08; Daniel Okrent ’95; Steven Pepe ’96; Carol Ryder ’08; Violet Samuels ’99; Thomas Santucci ’83; Randy Schaefer ’92; Danielle Schwager ’98; Sarah Simpson ’08; Harold Somer ’83; Shari Sugarman ’97; Brian Trodden ’97; Edward J. Weiss ’06 42 Alumni Council The Touro Lawyer Fall 2012

Student Competitions

Alumni have volunteered to help judge the Alternate Dispute Resolution Society’s Intra-School Client Counseling and Negotiation Competitions. Finalists from these competitions have gone on to compete in the American Bar Association’s Regional student competitions. Alumni have also volunteered to help judge the preliminary rounds of the annual Bainbridge Moot Court Competitions. Thank you to all of our alumni volunteer judges listed below.

Linda Anderson ’91; Ouzy Azoulay ’06; Larry Badash ’99; Jared Behr ’09; Penelope Blizzard-McGrath ’10; Lane Bubka ’10; Michelle Cohen ’07; Debra Cohn ’07; Jeanne Compitello ’90; Lawrence Cregan ’88; Anthony DeCarolis ’02; Jeff Donato ’00; Richard Dubi ’90; Brian Duggan ’05; Therese Ebarb ’93; Michael Eisenberg ’92; Alison Epilone ’08; Justin Feinman ’07; Leonard Feld ’86; John Fellin ’08; Michael Fried ’95; Steven Goldstein ’86; Lee Grayson ’87; Robert Greco ’90; Pamela Greene ’98; Melissa Greenberger ’94; Rachel Grinspan ’09; Michail Hack ’00; Rachel Hahn ’87; Daniel Hallak ’10; Debra Haskell ’95; Deborah Hill ’05; Steven Homayoon ’94; Saam Jalayer ’02; Ephraim Jerchower ’86; Hon. John Andrew Kay ’05; Jason Kessler ’02; Andrew Koenig ’06; Mark Kulewicz ’95; Harold LeMar ’88; Ferron Lien ’08; Hon. Lewis Lubell ’94; Jennifer Lupo ’95; Ray Malone ’09; Michael Markowitz ’89; Ann Marquez ‘5; Denise Marzano-Doty; Mili Makhijani ’07; Dawn Manning ’93; Ann Marquez ’05; Michael McCoy ’01; James Merendino ’00; Ivette Molinares Emanuel ’96; Melanie Nolan ’08; Jacquelyn O’Neil; Christine Quigley ’07; Colin Rathje ’02; Brad Rosken ’93; Lois Rowman ’06; Violet Samuels ’99; Nina Santucci-Pozgar ’86; Danielle Schwager ’98; Heidelind Semmig ’02; Jessica Sparaciano ’08; George Sutton ’90; Jonathan Tolpin ’92; ClaireVaccaro ’88; Natalia Vassilieva ’09; Richard Wankel ’02; Richard Weber ’90; Arthur Yermash ’08; John Yetman ’08; Marjorie Zuckerman ‘89

Alumni-Student Mentor Program

Created in 2008, the Alumni-Student Mentor Program provides students with an understanding of how to succeed in law school and also provides student with an experience advisor to help them build a rewarding legal career. In addition, the program facilities development of informal working relationships between students and practitioners that fosters a sense of community between students and alumni.

Interested in participating in our Alumni-Student Mentor Program? Applications for the 2012-2013 academic year are now being accepted, e-mail [email protected] to become a mentor. Fall 2012 The Touro Lawyer Alumni Council 43

JOIN TOURO LAW CENTER’S ALUMNI COUNCIL

To become a member, please contact Kristin Matthews, Director of Development and Alumni Relations at (631) 761-7063 or [email protected]

Alumni Association Become a Member! of Touro Law Center To become a member, please contact the Alumni Office at (631) 761-7063 or please visit Not a current member? Please consider joining the Alumni Association our web site at www.tourolaw.edu/alumniassociation today! The Executive Board of the Alumni Association has added some for additional information and membership applica- additional benefits of membership, which are highlighted below. tion. There is an annual membership fee of $25. The mission of the Association is to foster strong bonds between alumni, students and the school to create a network with fellow graduates who remain engaged in the life of the law school and the community and help shape the future through the Association’s programs and services.

Benefits of Membership include: • Alumni Association Identification Card • Law Library membership – which includes: - The Law Library’s public access Westlaw database Alumni Association - Use of a library collection of more than 462,000 volumes and volume equivalents Executive Board - Access to two state-of-the art computer labs - Use of most of the library’s subscription database • Discounts to Touro Law Center’s CLE programs Harold M. Somer ’83 – President • Discounts to the Annual Winter Alumni Reception Joseph B. Rosenberg ’87 – Executive Vice President • Touro Law Barnes and Noble Bookstore Discounts Randy Schaefer ’92 – First Vice President • Free Transcripts Melanie Hendry ’04 – Second Vice President • Free Audited Classes (subject to availability) Merik Aaron ’92 – Treasurer • Membership in the Working Advantage Program offering ticket, travel Sally Donahue ’90 – Recording Secretary and shopping discounts Spencer Horn ’05 - Corresponding Secretary 44 Alumni of the Month The Touro Lawyer Fall 2012 Alumni of the Month Program

Touro Law created the Alumni of the Month Program to recognize featured. If you would like to nominate a fellow classmate, please monthly one outstanding alumnus/alumna for his or her contact Kristin Matthews, Director of Development and Alumni contribution to the legal field, service to the law school or other Relations at (631) 761-7063 or [email protected]. outstanding achievement. Please visit our web site at www.tourolaw.edu/alumniofthemonth to view current and past alumni

December 2010 January 2011 February 2011

The Honorable Carol Ryder ’08 Adam Bialow ’92 Merik R. Aaron ’92 The Law Office of Shine International Nassau County Family Court Judge Carol Ryder, PC

March 2011 April 2011 May 2011

Courtney Liotti Topic ’07 Richard Weber ’90 The Honorable Dickstein Shapiro LLP New York County Lynn R. Kotler ’91 District Attorney’s Office Manhattan Criminal Court Judge

June 2011 July 2011 August 2011

Kenneth P.LaValle ’87 Donna Stefans ’99 Edward Friedland ’00 New York State Senator Stefans Associates District Executive United States District Court, Southern District of New York Fall 2012 The Touro Lawyer Alumni of the Month 45

September 2011 October 2011 November 2011

Rachel Freeman ’07 Joseph B. Rosenberg ’87 Anthea des Etages ’01 Unemployment Insurance The Law Office of Charlotte School of Law Appeal Board Joseph B. Rosenberg

December 2011 January 2012 February 2012

Mark A. Bonilla ’93 Jacquelyn J. O’Neil ’10 Senator John J. Flanagan ’90 Town Clerk, Law Clerk, United States District Court, New York State Senate Town of Hempstead Eastern District of New York

March 2012 April 2012 May 2012

Leslie H.Tayne ’96 Greg Rinckey ’98 Valerie M. Cartright ’03 The Law Offices of Tully Rinckey PLLC The Law Offices of Leslie H. Tayne, P.C. Frederick K. Brewington

June 2012 July 2012 August 2012

Harold M. Somer ’83 Alison Leigh Epilone ’08 Thomas Rosicki ’97 Harold M. Somer, P.C. Courten & Villar, PLLC Rosicki, Rosicki & Associates, P.C. 46 Class Notes The Touro Lawyer Fall 2012 Class Notes Through July 2012

Harold M. Somer was and universities and colleges. She has co- assists in educating the community about class of invited once again by the authored chapters in textbooks and has Huntington Hospital. She is co-vice president Nassau County Bar published many articles on U.S. immigration of the Cold Spring Harbor Special Education Association (NCBA) to share and nationality law. She is active in the Parent Teacher Association and sits on the in the festivities during the American Immigration Lawyers Association School Improvement Team committee for the 2010 holiday season. As part (AILA), and co-chairs the Corporate Lloyd Harbor School. She is a frequent speaker of’83 the festivities, the NCBA Immigration Practice Group of the New York and author on estate planning and has a tradition of honoring Chapter of AILA. She serves as a mentor to administration topics. She has also been elected members of the Association students at Touro Law School, and is a to the Huntington Hospital’s Board of by having them carry a log member of Touro Law Center’s Alumni Directors for a two year term. and add it to the fire in the Council. She has also served on the Board of Great Hall Fireplace. Harold Directors of Westchester Day School in Howard Brill, founding was invited to take part in Mamaroneck, NY, and contributes time to the class of partner of the Hempstead this tradition in recognition Windward School in White Plains, NY, as immigration law firm of of his contributions to the well as to other not-for-profit institutions. Howard R. Brill, P.C. NCBA pro bono programs. Roxanne is fluent in Hebrew. Prior to joining authored an article in the Harold has his own law practice located in Tarter Krinsky & Drogin, Roxanne was a February 2011 Nassau Westbury. His practice concentrates in the area partner at Wildes & Weinberg, P.C., a Lawyer’86titled “Immigration Laws – Federal v. of bankruptcy. He is currently the president of boutique immigration law practice in State Jurisdiction.” Howard also authored an the Alumni Association of Touro Law Center. New York. article in the July/August issue of the Nassau Harold was named Pro Bono Attorney of the Lawyer titled, “NCBA – A Leader in ‘Hot Month for April 2012 by the Nassau County Barry M. Smolowitz Topic’ Seminars.” Bar Association for his work with the was featured in an Volunteer Lawyers Project Bankruptcy Clinics, article in the December Leonard Feld competed in the 2012 Long co-sponsored by the Nassau/Suffolk Law 2011 Suffolk Lawyer Island Kosher Barbecue Competition this Services and the Nassau County Bar about the Suffolk past June. Please visit http://likosherbbq.org/ Association. He provides hours of pro bono County Bar to learn more. Thousands of dollars were bankruptcy assistance to help those in need. In Association’s new raised for various food related charities on addition he received the 2012 Public Interest website. Barry was mentioned in the article for Long Island and approximately 2,000 - 2,500 Attorney of the year award from Touro Law at his efforts in the redesign. Barry has his own people attended the competition. Leonard will the 2012 Goods & Services Auction. law office located in Kings Park, practicing in visit Touro Law Center to answer questions the area of criminal defense. Barry received the and help your team get ready to win. Contact Roxanne H. Levine has Pro Bono Service Award from the New York Lenny, a solo workers' compensation attorney class of joined the firm Tarter State Bar Association in May 2012 in Albany. in Jericho, at [email protected] or Krinsky & Drogin as partner (516) 938-4228. in its Business Immigration Patricia Marcin, trusts and Practice class of estates attorney with the David Gabor authored an article in the Group. Uniondale firm of Farrell February 2011 Nassau Lawyer titled, “May an She’84 has over 25 years Fritz, P.C. has been 'Undocumented Alien' Recover Lost Wages?” experience representing appointed David is of counsel with the Wagner Law major multinational financial to the Group, a professional corporation located in institutions, corporations, Caumsett’85 Foundation’s Boston, MA. He focuses on litigation, banks, universities, and Board of Directors. The employment and business law as well as issues cultural institutions, as well Caumsett Foundation’s goal arising out of the employer-employee as leading energy companies, is to support and enhance relationship, litigation in federal and state the hospitality industry, and Caumsett State Historic Park courts, appeals and arbitrations, negotiation of not-for-profit institutions. She has also Preserve as a historic employment and commercial contracts and represented individuals, including environment. The business transactions, identifying, clarifying and entrepreneurs, artists, performers, and Foundation is dedicated to mitigating risk in business transactions and entertainers. Roxanne also specializes in education, low-impact recreation, historic and personnel matters, working with federal, state providing guidance to corporations in the environmental preservation and conservation of and local governments regarding labor and creation of policies and programs applicable to the scenic value, natural heritage and cultural wage issues, employee classifications, RFP’s, the hiring of foreign national personnel; history of the site. She serves on the Caumsett REI’s, bids. In addition, he works on stimulus recordkeeping and compliance programs Foundation’s sponsorship and gala committees, programs, development of policies and developed in accordance with U.S. is a member of the board of directors for The procedures, human resource issues relating to immigration and nationality law requirements Long Island Community Foundation, a employee management, discrimination, and, addressing issues arising from corporate member of the professional advisory committee workplace violence and other disciplinary mergers and takeovers. She has lectured for the North Shore/LIJ Foundation, member matters, consulting and developing processes to frequently to foreign banking groups, of the North Shore Dimensions Networking improve employee relations, employee international chambers of commerce, religious Group, The Women’s Financial Group and engagement, productivity and customer organizations, au pair organizations in the U.S., supports the Long Island Way. Patricia also satisfaction, creating infrastructure, Fall 2012 The Touro Lawyer Class Notes 47

organizational charts, job analysis and job Long Islanders for the past 35 years. The Islip in all facets of complex criminal and civil descriptions, identifying the source of Arts Council offers 70 free programs to matters in both State and Federal Courts, as communication breakdowns at various levels of residents, including the Long Island well as before financial regulators and SROs. In an organization and providing effective Philharmonic’s free annual concert at addition to his practice, he regularly appears as a solutions to improve behaviors that have Heckscher State Park. Lynda also manages the legal analyst on FOX News, FOX Business, impacts on morale & customer service, and has Islip Art Museum and helped establish the and FOX Radio to discuss noteworthy trials successfully represented clients in hotels and Council’s School of Cultural Arts. and legal issues. He has also appeared on the hospitality, restaurants, caterers, construction, O'Reilly Factor, Geraldo at Large, Nancy freight forwarding, manufacturing, healthcare, Jeffrey Arlen Spinner received the Good Grace, Tru TV, CNN and CNN Headline legal, professional services, not for profit, Neighbor Award from the Central Islip Civic News. He is a member of the National government and trade organizations. Council in November, 2010. He was Association of Criminal Defense Lawyers and appointed a Suffolk County District Court frequently provides lectures at continuing legal Lee Rosenberg and his wife Jennifer are Judge in December of 1997 and in November education programs on criminal law and pleased to announce the birth of their son, of 1998; he was elected Judge of the County procedure, and has taught as a guest instructor Reid Vincent Rosenberg on December 3, Court of Suffolk County. In September of in various local law schools' trial advocacy 2011. Lee also authored an article in the 1999, he was designated an Acting Judge of the programs, as well as for the National Institute November 2011 Nassau Lawyer titled, Suffolk County Family Court, serving full-time for Trial Advocacy. Randy was appointed to “Marriage and Divorce: An Overview of until December of 2005. In January of 2006, he the Board of Directors of the Children's Rights, Obligations and Options for Non- was designated Acting Justice of the Suffolk Medical Fund of NY in August of 2011. The Traditional Couples.” Lee is a partner with the County Supreme Court. He serves as both a Children’s Medical Fund of New York (CMF) firm of Saltzman Chetkof & Rosenberg LLP volunteer for and a Director of Jacob’s Light is a volunteer-driven nonprofit organization located in Garden City. He concentrates his Foundation Inc., a not-for-profit organization dedicated to ensuring that children from the practice in the areas of family and matrimonial which provides necessities for American armed New York metropolitan area, as well as from law. He is chair of the Nassau County Bar forces personnel serving in Iraq and around the world, have access to the best Association’s Matrimonial Law Committee and Afghanistan. He has volunteered for Christmas available pediatric care. He was also named to has been selected as a New York State Super in April (NY) and Christian Help of Mingo the New York Super Lawyers list as one of the Lawyer in family law for five consecutive years. County. He is an active member of the Touro top attorneys in New York for 2011. No more Law Center community and serves as a mentor than 5 percent of the lawyers in the state are Gregory Black has started a for Touro Law students. selected by Super Lawyers. class of new business venture, Pocket Ranger, state park Jeffrey Wurst was elected chairman of the Anthony Ballato is pleased mobile apps. Visit New York Institute of Credit in August 2011. class of to report a major judicial www.stateparkapps.com to He is a partner at the Uniondale law firm of victory in a case of interest learn more. The apps Ruskin Moscou Faltischek, where he is involving rare incidents of provides’87 visitors with the most up-to-date chairman of the firm’s Financial Services, adverse possession and information on state park agencies through apps Banking and Bankruptcy Department. He is easement by prescription powered by Pocket Ranger. The interactive the Vice Chair of the New York Institute of wherein’88 a new business neighbor erected a guide along with GPS provides valuable Credit and is a past Vice President of the fence blocking prior free access over a shared information when planning the perfect trip, Turnaround Management Association driveway since 1957. The Supreme Court of from making reservations, viewing trails, even International. In addition, he is a member of Nassau County granted his motion for a checking the local weather conditions. the American Bar Association (serving on its preliminary injunction. Mr. Ballato has his own Commercial Financial Services and Legal law office, located in Massapequa, specializing Kenneth P.LaValle, New York State Senator, Opinions Committees), the American in the areas of civil litigation in all New York has been named the 2011 Legislator of the Year Bankruptcy Institute, the New York State Bar Courts, family/divorce/separation, lemon law by the American Council of Engineering Association, the Association of Commercial & consumer rights, elder law & fraud, wills & Companies. Finance Attorneys (serving on its Board of estates, personal injury and professional Directors), and the Long Island Chapter of the malpractice, corporate & contracts, real estate, Lucretia Lucivero authored an article in the Turnaround Management Association (serving construction law, municipal law, cell sites, and April 2011 Suffolk Lawyer titled, “Dedicated to on its Board of Directors, as well as a past other areas of practice. Visit www.li-law.net to Promoting and Supporting Persons of Italian president of the Long Island Chapter). read Anthony’s latest article titled, “A True Heritage.” She is with the Hauppauge firm of Story of Faith and Preparing for the New York Feldman, Kramer & Monaco, P.C. practicing Randy Zelin has joined the Bar Exam.” in the areas of personal injury and trusts and firm of Moritt Hock & estates. She is President of the Columbian Hamroff LLP as a partner, Lawrence Kushnick of the Melville firm of Lawyers Association for 2012. adding a new area of practice Kushnick Pallaci, PLLC presented a lecture to in the white collar defense architects, engineers, general contractors, Lynda A. Moran, executive director of the sector. He concentrates his owners, developers and attorneys titled Islip Arts Council, received the 2011 Small practice in the representation “Mitigation of damage to structures adjacent to Business Award from the Town of Islip’s of business organizations, construction sites in urban environments” in Economic Development Commission for her boards of directors, 2011 also presented this lecture on September efforts in providing “cultural excellence” to professionals, and individuals 20, 2012. Lawrence has 23 years of litigation 48 Class Notes The Touro Lawyer Fall 2012

experience and practices in the area of and is an executive member of the Nassau various leadership capacities, including serving construction litigation. The firm was selected as County Republican Committee. Chris also the last four years as the Ranking Republican one of Long Island’s Best Appointed Law Firms hosted the 11th Annual Clean-Up Syosset Day on the Ways and Means Committee. In for 2012 by Long Island Business News. on May 12, 2012 and served as the Master of addition, he maintains a general practice with Ceremonies for the 56th Annual Lincoln Day Forchelli, Curto, Deegan, Schwartz, Mineo, Barry Salzman, partner with the Manhattan Dinner, which benefited the North Syosset- Cohn & Terrana LLP, with an emphasis on firm of Barasch McGarry Salzman & Penson Woodbury Republican Club. real estate. was selected for the 2012 Super Lawyers. Barry practices in the area of personal injury and is a Sally Donahue has joined the firm of Meltzer, Justin Giordano authored member of the New York County Lawyers Lippe, Goldstein & Breitstone, LLP as counsel class of an article in the January 2012 Association and the New York State Trial to the Trust & Estates and Litigation groups. Suffolk Lawyer, under the Lawyers Association. She has 20 years of Surrogate’s Court litigation American Perspectives experience. Prior to joining the firm, she was a Section, titled “Presumed Cheryl Stein has been named partner with the court attorney-referee at the Nassau County Educators Abusing Their firm of Sargent & Collins after merging her Surrogate’s Court. Before joining the Court, ’91Charges” The article explores the Syracuse firm, the Cheryl L. Stein Law Firm, with she was of counsel with the firm of Farrell Fritz, University and Penn State child abuse cases that Sargent & Collins in January of 2012. She P.C. where she concentrated in trusts & estates, have recently been in the news headlines. Justin practices in the area of real estate. guardianships and commercial litigation. She is is a professor of business and law at SUNY a member of the Nassau County Bar Empire State College and also has his own law Seymour Liebman has Association, where she has lectured frequently practice in Huntington. class of been named president of and helped to organize and prepare Continuing Canon Information and Legal Education programs for attorneys. She is Lynn R. Kotler was Imaging Solutions, a new also a member of the New York State Bar honored with the Red wholly- Association where she has also lectured and O’Neill Award by the owned recently co-chaired a CLE program, and also University of ’89subsidiary of Canon U.S.A. serves as recording secretary on Touro Law Athletics Group at their 59th in Lake Success. This new Center’s Alumni Association Executive Board. Annual Awards Dinner held title will be in addition to his on Monday, April 16, 2012. role as executive vice Craig E. Feldherr was named Pro Bono The Red O’Neill Award is president, chief Attorney of the Month by the Volunteer given annually to former administrative officer and Lawyers Project and was featured in the UConn student-athletes general counsel of Canon January 2011 edition of the Nassau Lawyer. He who have gone from the fields and courts of U.S.A. Seymour was listed began volunteering in the Landlord/Tenant play to distinguish themselves in their chosen number 9 on the 9th Annual Long Island Press Attorney of the Day Program in 2001. After careers. After earning her bachelor’s degree in Powerlist in 2011, the year’s 50 Most graduating from law school, he joined his education from UConn in 1983, she served as Influential Long Islanders. He was again named father’s law firm as a partner in 1991. He is a an assistant coach at UConn in the field hockey among the 50 Most Influential Long Islanders member of the Nassau County Bar Association program while earning a master’s in education. of 2012 by the Long Island Press to rank sixth. and the New York State Credit Union League. She was a member of the Hofstra University The power list profiles 50 Long Islanders who athletic staff in 1985 and 1986, serving as head have considerable influence over daily life on John J. Flanagan, New York State Senator coach of field hockey and lacrosse, before Long Island. Seymour co-authored an article in and Forchelli, Curto, Deegan, Schwartz, turning her attention to earning her law degree. the NY Times Business Section in April 2011 Mineo, Cohn & Terrana LLP Counsel was After receiving her law degree in 1991, she titled, “At the Controls, While the Pilot Takes honored as ‘Advocate of the Year,’ by the practiced law for 17 years in both small firms a Break.” Melville Chamber of Commerce. The and as a solo practitioner, maintaining a general Melville-East Farmingdale Chamber of civil litigation practice that focused on Chris Coschignano, Commerce was incorporated in 2002 and its matrimonial and family law, real estate, wills class of partner with the Uniondale mission is to promote economic and business and estates and personal injury. She regularly firm of Sahn Ward development throughout the area in a represented clients from different walks of life Coschignano & Baker PLLC coordinated effort of business, available and socioeconomic backgrounds. Her practice and Town of Oyster Bay resources within the community and the always included a pro bono component, to Councilman, was honored at Chamber. Membership is instrumental in help those who would otherwise be unable to ’90a golf outing coordinated by the Jewish War efforts to benefit businesses and community afford legal services. She has been a judge in the Veterans of the United States goals through advocacy, participation and Manhattan Criminal Court since 2010. She was of America’s Gieir-Levitt education. Honorable Flanagan is serving his elected to the Civil Court bench in November Post 655 for all he has done fourth term as New York State Senator of 2009 and has been assigned to Criminal personally and professionally representing the Town of Smithtown and Court in both and Manhattan. and as an attorney and portions of the Towns of Brookhaven and councilman in helping the Huntington. He is currently the Chairman of Joan Lensky Robert of the Rockville Centre organization. He also chairs the Senate Standing Committee on Education. firm of Kassoff, Robert & Lerner LLP was the town’s Syosset Hamlet He previously served in the New York State honored by the National Academy of Elder Revitalization Committee Assembly for 16 years, where he acted in Law Attorneys (NAELA) at their Annual Fall 2012 The Touro Lawyer Class Notes 49

Theresa Awards held on May 4, 2012. Joan was years, where she oversaw 67 lawyers and over the whistle on widespread recognized for her outstanding community 50 support staff members, and had charge of all college entrance exam service and for her tireless efforts in helping the legal business of the County and its cheating on Long Island. children with special needs through her law agencies, including prosecuting and defending Kathleen took office as the practice, advocacy, activism and her pro bono all civil actions brought by or against the Nassau County District work in the community. In addition to County and all of its officials, and advising all Attorney in 2006 and is providing quality elder and disability law elected officials and County departments. In recognized for her national counsel, Joan is at the forefront of pro bono February 2006, she was named one of Long fight against drunk driving, projects for the elderly and people with special Island Business News’ 40 Rising Stars under and has reallocated resources needs, educating the judiciary and attorneys on 40. In October 2008, the Suffolk County to fight modern crime in guardianship and special needs planning, and an Department of Law received the 2008 Nassau County. assiduous advocate for legislative change to Children’s Advocate of the Year Award from ensure that seniors and children with special the Marcie Mazzola Foundation, recognizing Jordan Ziegler, senior partner with the firm needs are protected. Joan is a celebrated the advocacy of her office’s Family Court of Pasternack, Tilker, Ziegler, Walsh, Stanton disability rights advocate who has served on Bureau. In January 2009, she received the 2009 & Romano has been named to the Board of numerous boards and committees. She has Public Service Award from the Touro Law Directors of the NuHealth Foundation. spoken at numerous programs concerning Center and in May 2009, she was recognized NuHealth is a Long Island health care special needs planning at public libraries and by Long Island Business News as one of Long organization also known as Nassau Health Care community groups such as SEPTA, AHRC, Island’s Top 50 Women. In June 2010, she Corporation. The Foundation’s sole purpose is Rosemary Kennedy School, Developmental received the Paul S. Miller “With Liberty & raising visibility and funding to support Long Disabilities Institute, CODY Center for Autism Justice For All” award from Touro Law Island’s safety net health system and the and BOCES to name a few. A member of the Center. Before joining the County, she was a thousands of vulnerable people it serves. Legal Advisory Committee of the Long Island partner at the law firm of Lewis Johs Avallone Jordan’s practice includes Workers’ Alzheimer’s Foundation, she was honored for Aviles & Kaufman, in Melville. Compensation, Personal Injury, Social Security outstanding service in 1997. Joan has also been Disability, and Municipal Disability Retirement honored for her outstanding service to Project Edward Marcowitz, partner with the Pensions. He serves as chair to the law firm’s Real in October, 2001 and was a member of Manhattan firm of Barasch McGarry Salzman municipal disability retirement pension the 2004 Class Leadership of the National & Penson was selected for the 2012 Super department and is a strong advocate for the Multiple Sclerosis Society, Long Island. As Lawyers. Edward was also selected in 2011 and rights of injured workers. He is disability Co-Chair of the Elder Law Section Special practices in the area of personal injury. counsel for numerous police and law Needs Planning Committee (2008-2011) of the enforcement associations, utility worker and New York State Bar Association, Joan helped Edward Nitkewicz was honored by Autism building trade unions throughout New York. develop and edit Guidelines for Trustees of Speaks, Long Island as a co-recipient of its He is the legal services provider to the Suffolk Supplemental and Special Needs Trusts; “Every Day Hero Award” for his work in County Police Benevolent Association legal implemented a Special Needs Planning Pro advocating for children with autism. In benefit fund, General Counsel to the Suffolk Bono Clinic; wrote SSI and Special Needs December, Ed was named by the Huntington County Police Columbia Association, and Trusts: What Practitioners Need Patch as one of ten “People who mattered in Fraternal Order of Police Lodge, Riverhead, to Know; and organized and 2011” for his work in the Town of Huntington NY. He serves on the World Trade Center served as moderator for a in establishing special needs baseball, soccer, Council Advisory Commission established in panel of Guardianship judges and religious instruction programs. Ed is a conjunction with the Mount Sinai-Selikoff and and clerks at the Section’s Senior Trial Attorney with the Sanders Law the NYU/Bellevue occupational and 2009 annual meeting. Her Firm in Mineola, practicing in the areas of environmental medicine clinics on Workers’ pro bono counsel is endless negligence, medical malpractice and product Compensation. and she is currently pro bono liability. He wrote and read his essay, “Fixing guardian for four the Hole in my Bucket” as part of the Awe in Merik R. incapacitated people. Autism program at the Glenwood Arts Center class of Aaron on April 2, 2011 which also included works of was Christine Malafi has joined Leviton art, music, literature, poetry, photography and promoted Manufacturing Co., Inc., at its world videos to provide inspiration and to Acting headquarters in Melville, New York, as encouragement to those in the autism Supreme Leviton's Senior Corporate Counsel. Leviton is community. He has also authored a number of Court’92 Justice by Hon. one of the largest privately-held global articles, including “Today I Bought a Mitt.” Anthony Marano, providers of electrical wiring devices, data On May 15, 2012, he was re-elected as a Administrative Judge center connectivity solutions and lighting Trustee to the South Huntington Union Free for the Courts of Nassau energy management systems. In her position School District Board of Education. County and served in Nassau County Court with Leviton, Christine is primarily responsible from January 2011 to June 2011. He is for worldwide company contracts and , Nassau County District currently sitting in Family Court in Nassau negotiations and assists with legal issues related Attorney, appeared on CBS’s 60 Minutes, County and is an adjunct Professor at Touro to business strategy of the company. which aired on Sunday, January 1, 2012. The Law Center. Immediately prior to joining Leviton, Christine focus of the program was an extensive piece on was the Suffolk County Attorney, for eight the District Attorney’s recent efforts to blow Daniel Baker, partner with the Uniondale 50 Class Notes The Touro Lawyer Fall 2012

firm of Sahn Ward Coschignano & Baker, was selected to be one of the twelve Matthew W.Daus candidates vying for the title of Man & Woman of the Year for the Leukemia and Class of 1992 Lymphoma Society (LLS) and attended the Matthew W. Daus is partner and Chair of the Transportation Practice Group at Grand Finale Celebration, which took place Windels, Marx, Lane & Mittendorf, LLP counseling clients on a broad range of on May 10th at the NYIT de Seversky Mansion. Dan is a long-time member of the matters including regulatory compliance, strategic planning, procurement, LLS Board of Trustees and supporter of the litigation, administrative law and public policy. He most recently served as organization. In addition, he serves as co-chair Commissioner and Chairman of the New York City Taxi and Limousine of the Nassau County Bar Association Real Commission (TLC) for nearly a decade. He was appointed by Mayors Giuliani Property Law Committee, is an appointed and Bloomberg, as well as the New York City Council and was the agency's longest serving member of the State of New York Chief Executive Officer. Prior to that, he supervised over 75 Administrative Law Judges and Commission on Quality of Care for the served as General Counsel to the TLC for 5 years. During his tenure as TLC Commissioner, he Mentally Disabled's designed and implemented unprecedented reforms in the country's largest for-hire ground Surrogate Decision Making transportation industry that included numerous safety, technology, customer service and Committee (SDMC) environmental initiatives. His best known accomplishments include: mandating GPS and credit Program, a member of the cards in all NYC taxicabs; introducing hybrid taxicabs to the fleet; starting the Taxi of American, New York State Tomorrow project; auction 1000 medallions to bring hundreds of millions of dollars to the city’s and Nassau County Bar treasury; passing the toughest laws nationally governing cell phone use and distracted driving; and Associations, and a member coordinating the city’s transportation contingency plan for the last transit strike and helping the of the Advisory Board of the industry recover from the economic effects of 9/11 with a recovery plan. Chicago Title Insurance Company. Matthew’s legal practice also includes employment law, representing clients on a range of matters from civil rights and discrimination matters, to employment contracts and worker classification Jodi Donato issues with the Departments of Labor, for both transportation companies and other clients. Capobianco is Before his work at the TLC, he was a Prosecutor for the NYC Commission on Human Rights, pleased to announce where he handled investigation, litigation and mediation involving employment discrimination the Engagement of her son, Steven L. matters in the areas of employment, housing and public accommodation. Two years ago Capobianco to Matthew was appointed by Mayor Bloomberg and confirmed by the NYC Council to serve as Marjory L. Alverson. Commissioner for the New York City Civil Service Commission, where he presides in a quasi- Steven is a 2010 graduate of SUNY Stony judicial capacity to hear and decide employee candidate, disciplinary and medical leave appeals Brook and Marjory is a student at SCCC. under the NY State Civil Service Law. He also was appointed by the President of the NY State Bar Association to its Committee on Civil Rights, where he continues to serve. Annamarie Donovan participated in the Oxford Of the numerous accomplishments since leaving government service, one major victory Round Table at Oxford benefitting the public involved his representation of NY State Senator Marty Golden in Ryan, et University for the seventh al v. NYCTA, litigation involving the Metropolitan Transportation Authority (MTA), alleging consecutive year in March, discrimination against senior citizens and disabled passengers resulting from “doomsday budget 2011. The session she cut” decisions wiping out certain bus routes and Access-A-Ride service in naturally occurring participated in was titled, “Gender and Justice: Religion, Culture and Politics” and involved Register for Preeminent Women Lawyers for received his doctorate in Psychology. As such, social justice for women worldwide that is 2011.” In 2012, for the eighth consecutive he's now both a practicing lawyer and primarily dependent on religion, culture and year, Annamarie participated once again in the psychologist. He is the supervising psychologist politics, i.e., topics such as, marital property, Oxford Round Table at Oxford University, for the Suffolk County Department of pro-choice, anti-abortion, polygamy, adultery, Oxford, England in March. She presented a Probation. stoning, educational opportunity, etc., all of legal perspective on U.S. gender equality and which are prominent daily fare in the media of employment. Also in 2012, her firm was once Michael P.Pasternack has joined the firm of both Eastern and Western societies. She was again named to the Long Island’s 2012 list of Farrell Fritz, P.C. as healthcare counsel. His named to the list of “Long Island’s 2011 Top Top Legal Eagles: The Top Rated Attorneys in practice includes the representation of hospitals, Legal Eagles for estate planning: The Top Nassau and Suffolk Counties, for Estate nursing homes, home care agencies, health Rated Attorneys in Nassau and Suffolk Planning. The list of attorneys was published in facilities, rehabilitation agencies and physicians. Counties.” The list of attorneys was published the magazine, Long Island Pulse, March 2012. Michael focuses on regulatory matters related to in the magazine, Long Island Pulse, March 2011, the NYS Department of Health and the NYS and was compiled from Martindale-Hubbell, Robert Goldman has co-authored a book, Attorney General, on contracts and affiliations, the authoritative resource for information on No Room for Vengeance in Justice and Healing. It and on corporate transactions, compliance, the worldwide legal profession. She has also is co- written with Victoria Ruvolo. Since his medical staff, patient and employment matters. been named to Martindale-Hubbell’s “Bar graduation from Touro Law in 1992, he also Prior to joining Farrell Fritz, he served as Fall 2012 The Touro Lawyer Class Notes 51

Wendy H. Sheinberg authored an article in retirement communities. The lawsuit was settled the November 2011 Nassau Lawyer titled, through the MTA’s restoration of bus service in “Another Brick in the Wall” exploring the Brooklyn, and through the expansion of the pilot passage of the Marriage Equality Act – paving program Matthew started years ago using livery the road to providing legal and constitutional vehicles to transport disabled passengers instead of equality for all New Yorkers. Wendy is a inefficient, costly vans and environmentally unfriendly partner with the firm of Davidow, Davidow, vans. Matthew later authored an op-ed article titled Siegel & Stern LLP practicing in the areas of “Hailing the Wrong Taxi” that was published in the elder law and trusts and estates. January 5, 2012 edition of the New York Times, Opinion Pages, which explores improving ground Rosemarie Tully has been appointed chair of transportation service for disabled passengers by reforming and restructuring the Access-A- the 1,743-member Entertainment, Arts and Ride system using taxicabs and livery vehicles instead of vans. Matthew has received national Sports Law Section of the New York State Bar attention for these ideas resulting in a grant from the United States Department of Association. Rosemarie is the owner of Transportation to study such matters and implement reforms across the U.S., and he was Rosemarie Tully, P.C. located in Islandia and is invited earlier this year to present his findings to the Transportation Research Board of the of counsel to Hagney, Quatela, Hargraves & National Academy of Sciences in Washington, D.C. Mari. She concentrates her practice in entertainment, business and real property law. Since leaving office, Matthew returned to the academic world. In the 1990s, Matthew A 19-year member of the State Bar, she lectured on Business Law at his alma mater, the City University of New York (CUNY), recently served as vice-chair of the Brooklyn College. He returned to CUNY after leaving the TLC and was appointed by the Entertainment, Arts and Sports Law Section. CUNY Board of Trustees as Distinguished Lecturer of its Transportation Research Center She is a member of the Membership Committee and former member of the House (“UTRC”) at The City College of New York. Matthew conducts and supports research, of Delegates and was a director of the Suffolk education and the transfer of technology in the field of transportation, and serves as a lecturer County Bar Association. at City College’s Grove School of Engineering, teaching graduate courses that include: sustainable transportation, transportation policy and bus/taxi/limousine policy. Sa’idVakili, in collaboration with Matthew serves as President of the International Association of Transportation Regulators Professor Peter Zablotsky, (IATR) since 2008. Representing the IATR as well as the City University of New York, authored an article since leaving government, Matthew has circled the world as a prolific speaker and writer, “Corporations in Conflict” visiting almost every continent and major U.S. city in the last 2 years. which was published in the March 2012 edition of Matthew’s recently received honoraria include: the current Taxi & Limousine Chair David the Los Angeles Lawyer, a Yassky and the TLC’s Board of Commissioners honoring his "historic tenure and cover page article. Sa’id is compassionate leadership" in November 2011; and the “Lawyer of the Year” award by the a partner with the firm of Kings County Republican Party in May 2011. Matthew serves on a number of non-profit Vakili & Leus, LLP and practices in the areas of boards, which includes: Co-Chairman of both the Brooklyn Economic Development business and employment litigation. Corporation and Chairman of the Coalition of Transportation Associations (COTA), representing all black car and limousine businesses in NYC, Long Island and New Jersey. Edward Alexander spoke class of on a panel on March 7, 2012 titled, “Nurturing Your Idea: Resources for Life Science Entrepreneurs” at Rollins General Counsel and Compliance Officer at St. Disabilities. In 2009, Michael was appointed to College, Winter Park, FL. Mary’s Healthcare System for Children in the Supervisory Committee of the Nassau Edward’93 has his own law office in Orlando Bayside, NY, a pediatric health system Educators Federal Credit Union. He is practicing in the areas of business law, corporate consisting of two inpatient facilities, a full array admitted to practice law in the State of New law and commercial law representing of day, community and home care programs, York and is a member of the American Health entrepreneurs. and a charitable foundation. He previously Lawyers Association, the Nassau County Bar served as Associate General Counsel at Catholic Association’s Health and Hospital Law Brad Gerstman, a leading Health Services of Long Island, as Assistant Committee (Chair 2005-2007) and the New Long Island attorney, lobbyist General Counsel at Metropolitan Jewish Health York State Bar Association. and communications specialist System, as Counsel at Nassau University is a partner at Gotham Medical Center (including A. Holly Patterson David Scott, Project P.A.T.C.H. Coordinator Government Relations & Geriatric Center), and as in-house Counsel to for the Northport-East Northport U.F.S.D. Communications and the Nassau-Suffolk Health Systems Agency. was selected by the ALA as the National Law- Gerstman, Schwartz & Wink Michael serves as a Volunteer Attorney Panelist Related High School Teacher of the Year. He LLP. As a well known advocate for children for the Surrogate Decision-Making Committee received the award at a ceremony in Chicago with special needs, Brad acts as both co-founder of the New York State Commission on on August 3, 2012. and board member of the Lisa Beth Gerstman Quality of Care and Advocacy for Persons with Foundation, a family establishment that 52 Class Notes The Touro Lawyer Fall 2012

provides summer camp experiences to children $271 million bill the federal government says where her practice focuses on intellectual with physical disabilities. In the past Brad has New Jersey must pay after canceling a rail property, information technology, marketing, also served as the Long Island Advocacy Chair tunnel. David also appeared on WPIX Channel advertising and international. KBE is the parent for Autism Speaks, one of the nation’s largest 11 News on January 3, 2011 – an interview company of Broadway Across America (BAA) autism advocacy organizations, as well as with Jodi Applegate. David was also featured in which produces and presents live theater in Advocacy Chair on the 2007 Long Island Walk the October 27th issue of the Jewish World in an over fifty markets throughout the United Now for Autism Planning Committee and article titled “Lawyer and Temple Leader States, Canada, Japan and the United Kingdom Chairman of the Tom Suozzi Long Island Works on our Corporate and Social including on New York’s Broadway. KBE’s Autism Coalition. Brad was a member of the Challenges.” David is president of Temple other major brand is Broadway.com, the ticket School for Language and Communication Sinai of Roslyn. reseller. Prior to joining Key Brand, Jennifer Development (SLCD) committee as it was a principal in the law firm Lupo Law celebrated its 25th Anniversary Evening of Keith Grover has been PLLC where her practice focused on business Honor 2010 Gala - “The Legacy of Miracles class of named partner at the transactions for clients in the entertainment, Continues.” In addition, Brad has been Uniondale firm of Rivkin fashion, information technology and media appointed by the Nassau County Legislature to Radler LLP. Keith works in fields. Before starting her practice, she was the act as a member of the Board of Directors for both the insurance coverage Chief Legal Officer of eDiets.com, Inc. the Nassau Health Care Corporation and serves and litigation and the (NASDAQ:DIET), the leading online diet and as Vice Chair and Board Member of the Long professional’94 liability practice groups. He has fitness website overseeing legal operations for Island Medical Foundation. On November 8th, extensive experience in federal courts with an four brands after its acquisition of 2010, he was named “Long Islander of the emphasis on construction/labor law liability, DietSmart.com where she was Vice President Week” by Newsday and in 2011, was featured premises liability, automobile liability, and General Counsel. She started her legal in the Long Island Business section in an municipal liability, product liability, and toxic career as a civil litigator with the prominent interview article titled “Political Lobbying to tort liability. Keith was a member of the staff of Garden City firm Montfort, Healy, McGuire make a change.” the Touro Law Review. He is admitted to and Salley. She is currently on the Law practice in New York and New Jersey, and the Center’s volunteer Alumni Council. John Jay LaValle was listed number 48 on the United States District Courts for the Eastern 9th Annual Long Island Press Powerlist - 2011 and Southern Districts of New York. Kathleen Pugh is the 50 Most Influential Long Islanders. The power trial court administrator list profiles 50 Long Islanders who have David Sperling authored an article in the for the 17th Judicial considerable influence over daily life on Long February 2012 Suffolk Lawyer titled, Circuit, the second Island. The list was compiled by members of “Immigration ‘Fix’ Eases Path to Green Card.” largest circuit in all of the Long Island Press editorial staff who David has his own practice located in Central Florida that serves all of examined the contributions of hundreds of Islip in the areas of immigration, criminal Broward County. She holds a Bachelor of Long Islanders and gauged their impact on the defense and real estate law. Science degree from Empire State College of Island within the past year. Those who have the State University of New York, a juris appeared on the Power List for five years are Regina Brandow of the doctor from Touro Law Center and a masters automatically inducted into the Power List Hall class of Stony Brook firm of Regina of law degree from the University of Miami. of Fame. Brandow P.C., was a She belongs to the New York and Florida Bars, presenter with East End and is a former senior court clerk and court Kevin O’Mara has been promoted to Senior Disabilities at the Cornell attorney for Nassau County before joining the Managing Counsel assigned to the Brooklyn Cooperative Extension 17th Judicial Circuit in 1999 as a staff attorney. Regional Office of the SUNY Office of Building’95 in Riverhead for a program titled, General Counsel at SUNY Downstate Medical “Self-Directed Legal Guardianship” on Eric Wieder is of counsel with the firm of Center. He has worked for the State University Saturday, June 9, 2012. Regina’s program Bingham McCutchen in their Washington of New York as an Associate Counsel since concentrated on 17 A Guardianships for those D.C. office. He represents clients in a wide May of 2003. individuals over the age of 18 that may require range of industries including microprocessor, an appointed guardian. telecommunications and tobacco. Prior to Paul Plotsker and his wife Elana are pleased joining Bingham, he was a member of Howrey to announce the birth of their son Michael Martin Glass has joined the Bohemia firm of LLP’s electronic discovery group. He was on born on October 8, 2010. On May 24, 2011, Campolo, Middleton & McCormick LLP in an the Moot Court Board and participated in the he was admitted to Ohio on motion and was of-counsel position. He practices in the areas of John Marshall National Moot Court sworn in as a Court-Appointed Special litigation & appeals, insurance defense, Competition while attending law school as well Advocate for children through Pro Kids on corporate & private equity, wills, trusts & as the Associate Editor of the Adelphia Law June 7, 2011. In April 2011, he was appointed estates, technology & IP, municipal & Journal. He is admitted to practice in the Chairman of the Board of his synagogue. government relations, employment and real District of Columbia and Virginia and the U.S. estate development. He most recently was a Court of Appeals, Fourth Circuit. David Schwartz, founding partner of senior associate at the Islandia firm of Davidow, Gotham Government Relations and Davidow, Siegel and Stern. Byron Divins and Phyllis Communications, a lobbying firm, was on Fox class of Randazzo Divins ’98 are News in December 2010. He discussed Jennifer Lupo is Senior Counsel at Key Brand pleased to announce the Governor Chris Christie's plan to challenge the Entertainment, Inc. (KBE) in New York City ’96 formation of their law firm Fall 2012 The Touro Lawyer Class Notes 53

Divins & Divins, P.C. focusing in the areas of Jothy Narendran has joined the Garden City Chief In-house Counsel overseeing debt personal injury, criminal law, military justice firm of Jaspan Schlesinger as a partner in the resolution for thousands of individuals. In 2001 and business counseling. Their office is located firm’s banking and financial services group. she founded The Law Offices of Leslie H. at 600 Old Country Road, Suite 300 in She represents institutional lenders in financing Tayne in Melville, N.Y. She received Long Garden City. Please visit their website at commercial properties in a wide variety of Island Business News’ Leadership in Law www.thedivinsfirm.com. transactions. Prior to joining the firm, she was a Award in 2011, which honored Leslie for her partner in the lending division of a prominent dedication to excellence and leadership in both Jennifer Casey, partner Long Island Firm. She is a board member for her legal profession and community. in the law firm of the New York State Board of Review of the Additionally, she is the Vice President of Work Ahmuty, Demers and Building Code for the Southern Region, is an and Family Committee for Long Island McManus in the adjunct professor at Touro Law, is on the Law Women’s Association, and is a puppy raiser for Albertson office, has Center’s volunteer Alumni Council, was the Guide Dog Foundation of Smithtown. She been appointed to the featured as Alumni of the Month in September is also a volunteer debt counselor for Family Suffolk County Planning 2008 and received the Public Interest Attorney Services League providing pro bono debt Commission by unanimous approval of the of the Year Award in 2009. She is a member of resolution. A mother of three, Leslie is also Suffolk County Legislature. She focuses on the Nassau County Bar Association where she associated with the Westchester County Bar construction site accident litigation, premises serves on the Real Property Law Committee, Association, the Suffolk County Women’s Bar liability matters, products liability and volunteers for the mentor program and pro Association, Nassau County Bar Association automobile, commercial transportation and bono clinic for seniors and is also a member of and the Melville Chamber of Commerce, trucking litigation. She has authored articles and the New York State Bar and American Bar among many other groups. Leslie was recently given detailed presentations in these areas to Associations. She has been an active supporter honored as one of fifty most influential women insurance carriers, transportation industry of Big Brothers Big Sisters and was the in business by Long Island Business News. executives and attorneys. recipient of its Presidential Award in 2007. Launched in 2000, the program was created to recognize the Island’s top women professionals Dorian R. Glover has been presented with James Rose, partner in the litigation practice for business acumen, mentoring, and the 2012 Director’s Award from the Nassau law group at Certilman Balin Adler & Hyman, community involvement. County Bar Association (NCBA) in is on the Board of New Ground, a unique recognition of his dedication and excellent agency committed to educating and Sally Ramsey-Brown has work as chair of NCBA’s Judiciary Committee. empowering families and Veterans who are class of joined the law firm of Adams Dorian has his own law practice, located in caught in the vicious cycle of homelessness. In and Reese as special counsel. Uniondale, specializing in the areas of real addition, he served on the Smithtown School She is a member of the firm’s estate, family/divorce, criminal, wills, trust and District's Industry Advisory Board and Special Business Services estates and personal injury. He is an active participated as a mentor in several different practice group in the areas of member of NCBA, and also serves as an elected programs, including the LIKE (“Lawyers labor’97 and employment and transportation law. director on the Board. He has been involved in Involved in Kids' Education”) program. He is a She was a former Senior Trial Attorney for the NCBA’s student mentoring program since its member of the Long Island Elite, a group of Equal Employment Opportunity Commission’s inception, which today includes nearly 100 young professionals who give back to their Nashville Office. attorneys mentoring 3rd through 8th graders in community. He has served on the dinner 8 schools in Nassau County. Dorian committee for the Long Island Cares/Harry Jeffrey Goodstein was coordinates the program for Barack Obama Chapin Food Bank. In 2008, he received the nominated by Governor Elementary School in Hempstead and he also Public Interest Attorney of the Year award Andrew Cuomo on June 21, volunteers to judge high school student teams during Touro Law Center’s Goods & Services 2012 to the Court of Claims competing in the annual NYS Mock Trial Auction. and was confirmed by the Competition. senate. Jeffrey, a law clerk to Leslie Tayne has opened Nassau County Supreme Damianos Markou has joined the Garden two new branches of her law Court Justice Anthony City firm of Moritt Hock & Hamroff LLP as of practice, Law Offices of Marano, was a former talent counsel in its trusts and estates practice group. Leslie H. Tayne in White agent with Epstein Wyckoff Damianos concentrates his practice in all aspects Plains and Mount Kisco. and Associates, and a former associate at Rubin, of trusts and estates law, including litigation on Her main office is located in Cooper and Burns. He graduated from Ithaca behalf of both proponents and respondents in Melville. Leslie started her College and received his J.D. from Touro Law sophisticated estates, administration of complex practice more than a decade Center. Jeffrey has been an adjunct professor at trusts and estates, probate proceedings, ago and she deals exclusively St. John's School of Law since 2005 and he will sophisticated estate and gift taxation, and estate with consumer debt be sitting in Nassau County Supreme Court as planning. Prior to joining the firm, Damianos resolution, negotiating with large national an Acting Supreme Court Justice. was an attorney at a large law firm in banks, credit unions and collection agencies. Manhattan. He earned his from She started her career working at the Nassau Brian Andrew Tully has released a guidebook Touro Law School, where he also served on County Legal Aid Society as a Staff Attorney. which provides valuable information for adults the International Law Review. He is admitted to From there she went on to work at a national on how they can plan for their elderly parents practice in New York. debt settlement, consolidation, and debt as they age. “How To Plan For Aging Parents reduction company where she acted as the 2010” addresses crucial topics to make sure the 54 Class Notes The Touro Lawyer Fall 2012

elderly are able to afford the quality life care with special needs. board of governors of the New York they deserve. Topics include the cost of long- Cooperative Liquids Assets Securities System, a term care; life care planning; Medicare, Michael J. Isernia was re-elected to the Board municipal investment cooperative consisting of Medicaid and the Deficit Reduction Act of of Education for the Sachem Central School more than 650 school districts, BOCES, towns, 2005; planning for long-term care; potential District. He ran unopposed for a three year cities and villages. Shawn has been the clerk for Medicaid recovery issues; and the future of term. Michael has his own law office located in the Village of Lindenhurst since 1988 and long-term care. The guidebook also introduces Lake Ronkonkoma practicing in the areas of treasurer since 2000. the concept of Life Care Planning, a new real property and trusts and estates. specialty of elder law emerging around the D. James Gounelas has joined the New York country. Brian is an elder law attorney with his Matthew Levy was promoted to partner at City Department of Education Office of own practice located in Huntington. He is a Gallo Vitucci & Klar. He concentrates his General Counsel, Office of Labor Relations member of the Suffolk County and New York practice in defending clients in the practice of and Collective Bargaining (“OLR”) as an State Bar Associations, and is certified as an premise liability, bus and automobile attorney. The OLR represents the New York elder law attorney by the National Elder Law transportation, labor and medical malpractice. City Department of Education in matters of Foundation. He was named to the Board of He graduated from Touro Law with honors labor law, including grievance arbitrations, Directors of the Life Care Planning Law Firms and was the notes and comment editor of the contract disputes, matters before the Public Association and received accreditation from the Touro Law Review. Employment Relations Board and employee U.S. Department of Veterans Affairs to discipline matters under various collective represent and assist veterans and their spouses in Dina Mastellone has been bargaining agreements and Education and Civil the preparation, presentation and prosecution promoted to counsel with Service Law. He has experience in the practice of claims for benefits, including the Aide and the firm of Genova, Burns & area, having previously worked with a firm on Attendance Pension early in 2010. In January Giantomasi & Webster in Long Island representing public school districts 2011, Brian joined the Academy of Special the firm’s Newark, N.J. and libraries as general and labor counsel, and Needs Planners. The Academy of Special office. She litigates wrongful also has experience in the area of commercial Needs Planners assists attorneys in providing discharge discrimination, litigation, having represented design the highest quality service and advice to harassment, whistleblower professionals in all facets of litigation before individuals with special needs and their families. and retaliation claims in New York State and Federal Courts. During The academy also provides attorneys with the federal and state courts in his tenure at Touro Law, he received a number most up-to-date information on related legal both New York and New Jersey. Dina also of awards and honors including the Dean’s developments and a forum to exchange best regularly counsels employers on complying Award for Outstanding Leadership and Overall practices. Brian was listed in Long Island Business with federal, state and local employment laws Academic Excellence and served as President of News’ LI Lawyer Ones to Watch in January and conducts harassment and discrimination the Student Bar Association. 2011 for his accomplishments in the areas of investigations. Prior to joining the firm, she elder law, estate planning, Medicaid benefits, served as an Assistant Corporation Counsel for Erin A. Sidaras has life care planning and asset protection. Brian the City of New York. She also received the joined Certilman Balin also offered a series of talks titled, “Advance New York City Law Department’s Legal Adler & Hyman, LLP Care Planning: A Discussion of the New Rookie of the Year Award in 1999. Dina is a as an associate. She will Medicare Benefit.” The goal member of the Association of the Federal Bar focus her practice in of the talks is to empower of New Jersey and the New Jersey Bar the areas of litigation, families to not only Association's Labor & Employment Law real estate and land use, complete the necessary legal Section, Federal Practice and Procedure and will be based in documents but to encourage Section and the Women in the Profession the Hauppauge office. Prior to joining the firm, quality, voluntary Section. From 2008 to 2011, she served as an she was the Deputy Town Attorney for the conversations between Investigator for the Supreme Court of New Town of Islip, and prior to that position, was senior citizens, their families Jersey District V-B Ethics Committee. Dina an Assistant Town Attorney from 2002 until — and now their doctors — was recognized in New Jersey Monthly 2009. Erin represented the Town of Islip in during wellness visits. magazine by Super Lawyers as a New Jersey litigation regarding all aspects of land use, as “Rising Star” in Employment Litigation well as in state and federal Section 1983 civil Andrea S. (Tobias) Barber Defense in 2010 and 2011. rights litigation. Since 2001, Erin has also class of received her Executive MBA practiced as a solo practitioner, representing from the Rochester Institute Patricia Calabro clients in real estate transactions, litigation, of Technology in Rochester, class of Papadopoulos and her commercial litigation, estate planning, NY in November, 2011. husband Arthur are pleased corporate disputes, breach of contract, and land to announce the birth of use disputes. For eleven years, she was also a ’98Pamela Greene and her husband Michael their third child, a baby girl co-owner of Title Abstract Company, Dawidziak were honored at the 60th on October 20, 2010, underwriting real estate titles through Fidelity Anniversary Gala for the United Cerebral Palsy ’99weighing 9 pounds, 10 ounces and measuring National Title Insurance Company, Stewart of Suffolk on October 28, 2011. Pam and 21.5 inches long. Proud family - Arthur, Title, and United General Title Guaranty Michael were recognized for their work in Patricia, Paul and Fania. Company. She is admitted to practice in the creating the Rollstone Foundation in 2007 state of New York, before the United States with a mission to help families adopt children Shawn Cullinane has been elected to the District Courts for the Eastern and Southern Fall 2012 The Touro Lawyer Class Notes 55

Districts of New York, and before the 2nd magazine on February 16, 2012 titled “Getting Circuit Court of Appeals. to Know You: Mr. Xi Comes to Washington.” The article explores a major Ralph Winnie Jr., policy speech in Washington DC on 2/15, China’s vice president outlined his vision of the future of the U.S.-China relationship. The First Congress Society (www.firstcongress.org), a non-partisan organization, formed in fall 2010 by individuals with experience in all aspects of American government, the private sector, and Ralph Winnie with Ambassador Jean Paul Senninger international policy, will work to create of Luxembourg positive change in our country’s current political environment. The Society was 2012, Ralph’s article on shale gas appeared in launched in February 2011 and Ralph is one of the China Green Tech Issue Magazine. Also, in the founding members. Ralph spoke at a May 2012, Ralph was selected to be an On June 29, 2010. Ralph E. Winnie, Jr., Director of the special event on Tunisia Uprising: Revolution, Alternate Delegate to the Republican National Eurasia Center's China Program and Vice-President of Aftershocks & Opportunities in the Middle Convention in Tampa, Florida. Ralph spoke Global Business Development for the Eurasian Business East and North Africa at Frederick Community with Talkdown Radio in May 2012 - What Coalition is pictured with Congressman Geoff Davis (Ky- College (Maryland) on June 8, 2011. He spoke does wrestling have to do with international 4th) and several members of the Beijing delegation about the results of the G8 Summit and the relations, finance and public discourse? Ralph’s representing the China Association for International answer “wrestling helps us understand, Friendly Contact. Mr. Winnie, Jr. arranged for this Eurasia Center’s business initiatives. Ralph was delegation to meet with several members of Congress to invited to speak at the ALM’s 10th GAS Shales compete and relate with other nations like discuss US foreign policy objectives and mutual collaboration Summit, June 7-8, 2011 in Fort Worth Texas China and Russia.” He believes that wrestling between China and United States on issues involving and spoke to an audience of noted Chinese and international relations go hand in hand. international extremism, sectarianism and terrorism. scholars and scientists as part of the China Ralph was interviewed on CCTV news on Green Tech Entergy Summit at the World May 29, 2012 Biz Asia America about his Ralph Winnie Jr., Vice-President of Global Bank the following week about China’s Energy impressions of the 2012 China-USA Strategic Business Development for the Eurasian Investment Strategy in Shale Gas. Ralph was Economic Dialogue in Beijing and the future Business Coalition, hosted a private cocktail selected by the Diplomatic Courier to attend of the US-China economic relationship. Ralph reception on October 4, 2010 at the National the G8 in Deauville, France in May 2011 and met with Ambassador Idrissov of the Embassy Press Club with the CEO of Huamei wrote an article, “French Diplomacy as it of Kazakhstan on June 26, 2012 as part of the Consulting Company Limited, Wang Evolves From the G8 Forward to the International Correspondents Committee of Ruopeng, his associate Jack Bai and the G20”which appeared in the June 2011 edition the National Press Club in Washington, D.C. Ambassador of Malta to Washington, D.C., of the Diplomatic Courier. In addition, he was Mark Miceli and his Deputy Chief of Mission, also selected to attend the APEC conference in Dennis Grech. Ambassador Miceli and DCM Hawaii in November 2011 by the Diplomatic Grech discussed the strong cultural and Courier. Articles “China’s Plans for a Sustainable educational ties that exist between Malta and Energy” (April 2011) and “Dynamic Change in the People’s Republic of China as well as the China and Russia’s Military Diplomacy” (May profitable opportunities available in Malta for 2011) written by Ralph, were also published in Chinese investment. Ralph authored an article the Diplomatic Courier. On October 24, 2011, which appeared in in the Ralph was a speaker at the Kennan Institute. December 19, 2010 edition titled, “Closer to Ralph met with Ambassador Jean Paul Ralph Winnie with Ambassador Idrissov China”. On June 24, 2010, Ralph’s article Senninger of Luxembourg on October 24, “New Silicon Valley” appeared in the 2011 as a representative of the International Glenn Campbell published Washington Post Russia Now and in August Correspondents Committee of the National class of a book I Wouldn't Change a 2010, Ralph’s article “The Endless Summer” Press Club in Washington, D.C. The topic was Thing. This appeared in the publication. His article, Privatization in the Russian Federation: The book was years “Joining Club WTO, Seventeen Years on” Rise of Market-Based Systems in Modern in the making appeared in the Washington Post Russia Now on Russia. and he has December 14, 2010. Ralph created a blog talk ’00started working on his second radio “Backroom Politics” which launched in In December 2011, Ralph had the privilege of book about going to law school November 2010 speaking with Senator Richard Lugar at the while having a disability. Please (http://www.blogtalkradio.com/backroompolitics). annual breakfast visit Glenn’s website The radio show airs on Tuesdays, from 4 to 6 sponsored by www.GlennFCampbell.com to p.m. In January 2011, Ralph wrote about Republicans Abroad in learn more. President Hu Jinato’s Last Speech in Washington, D.C. On Washington. In December and February, 2011 March 28, 2012, Ralph Jeff Donato had an article published in the Fall Ralph was interviewed in a piece that appeared was interviewed on 2010 edition of the New York State Bar on CCTV. Ralph authored an article published Republicans Abroad Ralph Winnie with the Association Journal Elder Law Attorney titled, in the Diplomatic Courier, a global affairs Radio and in May President of Mongolia “The Infant’s Compromise: From Settlement 56 Class Notes The Touro Lawyer Fall 2012

to Hearing.” The article is geared toward helping attorneys understand the process of an Captain JamesVan Thach Infant's Compromise Hearing which is held Class of 2002 upon settlement of cases for people with legal disabilities. Jeff has his own personal injury law practice located in Bohemia. Vietnamese-American United States Army Captain Shari Enison Gottesman recently accepted a Thach walked away from a career as an aspiring position at the cable television retailer, lawyer when he graduated from Touro Law ShopNBC located in Eden Prairie, MN as Center in 2002, volunteering to serve in the Senior Corporate Counsel. So instead of United States Army on active duty. In April 2006, celebrating her 10th wedding anniversary to he volunteered to serve in Iraq as a Military her husband Scott, by renewing their vows, Advisor and was wounded twice, but remained in they packed the two kids and the dog into the Iraq and served as the Officer in charge of the car and drove cross country from sunny Florida Supply and Services department under the Iraq to Minnesota. In addition to general corporate Assistance Group. Captain Thach returned to the transactions and intellectual property, Shari’s United States and has been undergoing medical practice extends to product development, food treatments since then. He was awarded the Purple Heart. Also, the government of Iraq & drug law, regulatory compliance, and awarded him the rank of Honorary Staff Brigadier General in the Iraqi Army. Recently marketing law. Shari is no stranger to the he was provided a service dog from Canine Companions Independence to assist him oddity that is the TV shopping industry; for with injuries that he suffered when he served in the Iraq War. Canine Companions several years she was Regulatory Counsel at the Independence is the largest nonprofit provider of assistance dogs, and is recognized competitor retail network, HSN. Shari thrives worldwide for the excellence of its dogs, and the quality and longevity of the matches it on the craziness of the 24/7 retail model and makes between dogs and people, and provides highly trained assistance dogs for children, the daily opportunity to bring amazing new adults and veterans with disabilities. In May of 2012, he was profiled in two articles and products and fashions into people’s homes a video on CBS News and Ventures Promotions. Captain Thach quoted in the while protecting product and corporate Ventures Promotions Article on 5-21-2012 titled “Service Dog Given to Wounded integrity by maintaining a rigorous regulatory Vietnamese American U.S. Army Captain”: compliance program. Outside of work, Shari has also pursued a new hobby, endurance running for charity. After losing her sister to “I knew that I needed to do all that I can to help defend our country against terrorism cancer in 2001, finding a cure has been an issue before they can attempt to attack our country again,” said Captain Thach. near and dear to her heart. In October 2011, Shari completed the Walt Disney World Wine “I learned from my Vietnamese heritage, for example as in South Vietnam, an enemy & Dine Half Marathon as part of the Leukemia such and Lymphoma Society’s Team in Training (TNT) and took 2nd place for her age group in the Fort Lauderdale First Annual 5K Turkey working with the judges, and supervises the which includes corporate and transactional Trot. And in February 2012, along with her student internship programs. Formerly deputy issues, board matters and governance, TNT endurance running team (also known as district executive, Edward has served as court employment and other contracts, procurement, “Purple Peeps”) she completed the Disney administrator for the Clark County Courts in compliance, real estate, and day-to-day issues of Princess Half Marathon. Over the last year she Nevada and executive deputy commissioner of informed consent, documentation, medical has fundraised over $5000 on behalf of the the New York State Division of Human staff, refusal of care, patient rights, Leukemia and Lymphoma Society’s mission to Rights, where he ran day-to-day operations confidentiality, etc. She is a member of the end blood and other cancers and continues to and oversaw 200 employees in 14 offices legal/compliance committee at the Long Island “support the purple mission” by designing the throughout the state. Patient Information eXchange, Inc. (LIPIX) as TNT South Florida Chapter's team t-shirts well as the Long Island Center for the Health every season (even from Minnesota). At the Sandra C. Maliszewski, chief compliance Policy Studies Advisory Group. NuHealth is a time of this writing, Shari is training with her officer/privacy officer at NuHealth, has been Long Island health care organization delivering husband for Disney’s Tower of Terror Ten selected by the American Hospital Association essential medical care and disease and lifestyle Miler on September 29th and contemplating for a health care system reform fellowship. This management to everyone at every stage of life. her next athletic achievement fellowship will provide Sandra, an attorney and ... a Disney Coast to Coast Medal for finishing midwife, with the unique opportunity to work Daniel Frisa of Manhasset a marathon event at both Disneyland and in a collaborative, learning environment to class of has been elected to the Disneyworld in the same calendar year. advance implementation of clinical integration. corporate membership of the Sandra has worked as the Deputy General Long Island Development Edward Friedland is the district executive for Counsel and Chief Compliance/Privacy Corporation, a Westbury- the U.S. District Court for the Southern Officer at the NuHealth System since 2006. based nonprofit economic District, where he handles all administrative and She is responsible for providing legal counsel development’01 organization. He maintains a staff matters. In this capacity, he also supervises and guidance on a broad range of healthcare private law practice in Manhasset. hiring of personnel, including law clerks, law, operational, compliance and strategic issues Fall 2012 The Touro Lawyer Class Notes 57

currently employed as an attorney at the U.S. Department of State in Washington, D.C.

Christopher Paradies, Ph.D., has been named to Patent Research Review and Patent as communist North Vietnam will violate the law and use terrorism to complete their Buddy’s Top Patent Prosecutors list. Top goals to destroy a democratic nation.” Prosecutors were chosen based on a combination of factors including the number and quality of nominations the attorney/agent “My relatives suffered and had to leave South Vietnam and immigrated to various received from his or her peers, the high degree counties such as the United States, Australia, Denmark and Holland. Our new adopted of accomplishment obtained in patent country of the United States had to be protected at all costs and there was not an prosecution, and other recognitions or alternative to change countries, because terrorism just like communism will follow achievements. Chris is with the firm of Fowler anywhere to eradicate the democracy that we hold dear to our hearts,” said Captain White Boggs located in Tampa, FL and he Thach. focuses his entire legal practice in the areas of intellectual property law, biotechnology, Additionally Captain Thach said, “I am very fortunate that Canine Companions for nanotechnology, the life sciences and Independence special program “Wounded Veterans Initiative” worked with my healthcare. His practice team includes attorneys medical care team and matched me with my service dog Liz so that I can attain a and paralegals trained to assist clients in greater control of the personal aspects of my daily activities.” intellectual property, federal regulatory approvals and resolving disputes in state and “I want very much to be a productive member of society but my war injuries hinder federal courts and before administrative my ability and I am very fortunate to receive my service dog Liz, which will allow me agencies. He has represented clients in complex to continue to fight to gain my independence,” said Captain Thach. copyright, trademark, patent and federal regulatory matters and disputes, and works with In conclusion, Captain Thach stated, “With the assistance of my service dog Liz, my clients to increase the value of their intellectual physical disabilities will not hinder me any longer. I will be able to utilize my mind to capital and to reduce their litigation risks. He speak out where injustice of basic human rights is being violated. I have fought to received his B.S. in physics from the United defend democracy and have helped to defeat al-Qaeda in Iraq. I will now advocate for States Military Academy, West Point, his Ph.D. in materials science and engineering from people’s basic human rights that are being violated by not allowing them to pursue life, Rensselaer Polytechnic Institute and his J.D., liberty, religious freedom and the pursuit of happiness such as in Vietnam, China, Iran, summa cum laude, from Touro College Jacob D. Syria and other countries.” Fuchsberg Law Center. Chris has also been appointed Chair of the Applied Medicine and Human Performance sector for the Tampa Bay Regional Business Plan and to the Tampa Bay Partnership’s Executive Committee. His Ray Negron authored an article in the April mediation, real estate and civil litigation sector’s goal is to have the Tampa Bay region 2011 Suffolk Lawyer titled, “Diver Group matters. Rosemarie’s son, Daniel P. Rause, become a recognized center of excellence for Reaches Out to the Community.” Ray has his class of 2011, was recently admitted to the bar specific, targeted areas of life sciences that law office located in Mount Sinai practicing in and is now a member of the firm. leverage key and unique regional assets - the areas of criminal law, personal injury, real especially in fields related to senior estate and trusts and estates. Thomas Galan was mentioned in an ABA health/wellness and human performance for all Journal magazine article titled “Clapping for ages. Stacy D.Allocca has been Credit: State CLE courses Use Unusual class of appointed by The Virginia Pairings to Stimulate Interest.” Thomas, Stacey Ramis Nigro has been promoted to State Bar to two-year terms comedian and former trial lawyer, teaches an partner in the litigation practice group at the on the Virginia Legal Aid improve class where participates practice firm of Certilman Balin Adler & Hyman LLP, Society Board of Directors. responding to the unexpected. Thomas has his located in East Meadow. She concentrates in all Stacy is an associate at Carter own law office in Manhattan. aspects of commercial and real estate litigation ’02Craig in Danville, VA and is a member of the including landlord tenant matters, business Danville (current president), Virginia and Evangeline “Angie” disputes, creditors’ rights and estate litigation. American Bar associations. Howard (Baker) and her In March 2011, she received the Public Interest husband Edward welcomed Attorney of the Year Award from Touro Law Rosemarie Bruno married Christopher a son, Henry Paul, on May during the annual Goods & Services Auction. Repetti on November 11, 2011. Rosemarie 31, 2011 in Arlington, Active in her community, Stacey sits on the was recently honored by the Suffolk County Virginia. They were married fundraising committee of the American Heart Bar Association for her service as Chair of the in the UK in 2006 and Association's annual Golf Outing fundraiser and SCBA Lawyers Helping Lawyers Committee. Henry is their first child. works with the Nassau County Bar Rosemarie has her own law practice in Angie is a former Foreign Association’s Moot Court competition for the Holbrook that focuses on bankruptcy, divorce Service Officer and is local law schools. In addition, she serves as an 58 Class Notes The Touro Lawyer Fall 2012

alumni mentor for Touro Law School and Isabella Malena Doscher born May 21, 2011 John’s University students; Post University recently began volunteering once a month with 7lbs 13 ounces, 21 ½ inches long. She joins big student (in Connecticut) and students at the Nassau County Mortgage Foreclosure brother Jake Nathaniel Doscher. In the summer Trenton-based Thomas Edison State College. clinic. Before deciding to become an attorney, of 2011, Ben opened his own law practiced Stacey worked for eight years with the located in Hempstead in the area of criminal Marjorie Mesidor has joined the Manhattan Education and Assistance Corporation and was defense. Please visit his firm website at firm of Phillips & Phillips as lead counsel in the Director of its Nassau and Suffolk County benjamindoscherlaw.com or call employment discrimination and criminal cases. Mediation Programs. 917-214-6446. She represents individual plaintiffs in sexual harassment, race, gender and disability based Melodie Shuler’s son Meleik Delaney is the Nicole Marmanillo has joined the firm discrimination matters before the EEOC and youngest author ever published. His 1st Campolo, Middleton & McCormick LLP in the New York State Division of Human children’s book of his “Fighters of Justice” Bohemia as an associate. Her practice will focus Rights and in New York state and federal superhero children’s books was published in on insurance industry litigation and insurance courts. She was previously with the Law January of this year when he was only 4 years defense. She is admitted to practice in New Offices of Frederick K. Brewington and Paul old. Please visit www.FightersofJustice.com to York and New Jersey. Prior to joining the Weiss Rifkind Wharton and Garrison, LLP. learn more. firm, she was an attorney at Brody, O’Connor She received her B.A. in International & O’Connor in Northport and was with Relations and Economics from Franklin Richard E.Wankel has been appointed to the Travelers Insurance Company prior to this. College in Switzerland. While at Touro Law, professional development committee of the She received her B.A. from Rutgers University she was an editor of the Touro Law Review. She National Association of Housing and with a double major in Political Science and is a member of the New York and Redevelopment Officials. He is executive German. She was awarded a fellowship by the Connecticut bars and an active member of the director of the Town of Islip Housing Bosch Foundation to teach English at the New York State Bar Association. Authority and has his own general law practice Technical University of Dresden in Germany. located in Saint James. While at Touro Law, she was secretary of the Myra Berman received the Student Bar Association and a Teacher’s class of Leaders in Law Award from Jayson Wolfe spoke during a presentation at Assistant for Criminal Law. Long Island Business News at Winthrop Hospital on December 8, 2011. their first Leaders in Law Jayson, an attorney specializing in the areas of Donna Napolitano has joined the Garden Awards dinner on Monday, elder law, estate planning, trusts, guardianship City law firm of Berkman, Henoch, Peterson, November 14, 2011. She proceedings, government benefits, disability Peddy & Fenchel as an associate focusing on also’05 authored a book, together with Professor planning and Medicaid spoke to patients who federal civil rights and state litigation. She Suzanne Darrow Kleinhaus ’98, The New York have an interest in these topics. Jayson is also previously was the general litigation bureau Bar Exam by the Issues (Thomson West 2012), the Executive Director for the Nassau Lawyers chief at the office of the Nassau County District co-authored with fellow Touro Law graduate Association of Long Island. Attorney. Donna participates in the Law John Cooney ’08, associate with the firm Center’s Mentor Program. Ruskin Moscou Faltischek, P.C. and an Marc Alessi and his wife adjunct professor at Touro Law. class of Gretchen are pleased to Kim Smith authored two articles which announce the birth of their appeared in the Suffolk Lawyer titled: “Using a Frank C. Dell’Amore has been named son. Marc is counsel to the QPRT to minimized Estate Taxes” and partner at the Garden City law firm of Jaspan Garden City Firm of Jaspan “Creating a More Equal, Balanced and Better Schlesinger LLP in the firm’s Banking and Schlesinger and a former Playing Field for Women.” She also authored Financial Services and Creditors’ Rights ’03New York State Assemblyman. In January an article in the April 2011 Suffolk Lawyer Practice Groups. He was a member of the 2012, he was named by Long Island Business titled “Creating a More Equal, Balanced and Moot Court Honor Society while at Touro News as one of Long Island’s top forty young Better Playing Field for Women.” She was Law. leaders. He has been recognized as Man of the elected as president of the Suffolk County Year by the Suffolk County Police Conference Women’s Bar Association in 2011. She has her Harvey Gilmore has had two articles in 2010 and by the Long Island Farm Bureau in own trusts and estates law practice in Islandia. published in law reviews during the past year. 2009. He recently became director of the Long The first is titled “This Is Not A Symposium Island Angel Network, is a member New York Cyril Benichou was on How To Commit Fraud - But, If It State Bar Association Intellectual Property class of featured in a special feature Were...” in the Michigan State Journal of Business Section. He also chairs the Brookhaven Town article in the December 2011 & Securities Law, 6 J. Bus. & Sec. L. 199 (2011). Democratic Committee. Marc has also founded edition of New Jersey The second is titled, “Has Garcetti Destroyed a new biomedical device firm, Synchropet, Business. The article explored Academic Freedom?” in the University of which is bringing to market new PET Scan accomplished business Roundtable Symposium Law Journal, devices developed at Brookhaven National professors’04 at New Jersey colleges and 6 U.Mass. Roundtable Symp. L.J. 79 (2011). Laboratory. universities who excel at teaching. Cyril, a business consultant who focuses on corporate Jennifer Maertz was honored at the Southold Benjamin Doscher and bankruptcy and reorganization and Town Communities that Care Coalition at his wife Yesenia are turnarounds, also teaches. His students include: their annual Starfish Ball at Vineyard Caterers pleased to announce the West Point non-cadet military personnel; in August 2012 in recognition of her birth of their daughter, European School of Economics’ students; St. commitment to helping keep our local children Fall 2012 The Touro Lawyer Class Notes 59

healthy and safe. within the span of 5 days. On November with the Suffolk Academy of Law. 28th, 2011, Pierre and his wife Marisol (The Craig Rosasco’s firm, Turley, Associate Dean of Campus Life at NYIT) Jatin Shah has joined the Nashville, TN law Redmond, Rosasco & welcomed their first firm of Waller Lansden Dortch & Davis as an Rosasco, LLP offered a public born Simone associate in the firm’s real estate practice, service guidebook in 2011 Josephine Bazile. focusing on the telecommunications industry. explaining to those who were Pierre is now Prior to this, Shah was a contract attorney for sickened from toxins while operating as a solo Waller Lansden and a multi-state tax specialist working at the Ground Zero practitioner and for Ozburn-Hessey Logistics LLC in area what they need to do to spends his free time Brentwood. Shah earned his LL.M (tax) from apply for a claim for the 9/11 being a dad. Dedman School of Law at Southern Methodist Victims Compensation Fund. University, his J.D. Touro Law Center and his The guidebook, titled “Facts Michele Klatch and her B.S. from Rutgers University. About 9/11 Victims husband Eric Gonzalez are Compensation Under The Zadroga Act,” pleased to announce the Carrie Townsend Ingram provides an overview of the James Zadroga birth of their daughter, Siena and her husband Dustan are 9/11 Health and Compensation Act of 2010 Michele Gonzalez born in proud to announce the birth and the 9/11 Victims Compensation Fund. It April 2011. She is CEO of of their son, Liam James also describes who is eligible to file a claim Klatch Law Prep, as part of Ingram, born June 21, 2011 once the fund reopens this summer, how to file Chris Ajemian Tutoring & at 1:50pm, 7 lbs, 8 oz and 19 a claim and the types of illnesses such as asthma, Educational Services inches long. Carrie is an reactive airway disease, sinusitis, bronchitis, (CATES), which provides private tutoring, test administrative law judge COPD, GERD and various cancers which are prep, and application and admissions support with Indiana Department of covered by the Act. For the past nine years, company that serves the greater New York Child Services located in Indianapolis, IN. Turley, Redmond, Rosasco & Rosasco has City metropolitan area and a growing been representing victims of 9/11. international market. Leonard Badia, Major class of with New York State Court Margarett Williams Darren Marks authored an article for the New Officers, Central Islip and has been named the York County Lawyer, May 2012 titled “Life member of the Suffolk Pro Bono Attorney of After Law School.” Darren is an associate with County Bar Association’s the Month by Nassau the firm of Smith Mazure Director Wilkins Charitable Foundation Suffolk Law Services Young & Yagerman, P.C. participated’07 in and helped to support the Bar and was featured in the Association’s Charitable Foundation Holiday February 2012 Suffolk Laura Mintz-Moccia and Drive. The Foundation donated over 100 Lawyer as the Pro Bono Attorney of the Anthony Moccia are teddy bears on December 9, 2011 to the Month. Margarett is the Assistant Dean of pleased to announce the Suffolk County Family Court for distribution Career Services at Touro Law and she is an birth of their daughter to children appearing in the Family Court. advisor and mentor to junior attorneys while Brenna Ann Moccia on June also representing needy Suffolk County 30, 2011. Laura is an Michelle Cohen married residents in pro bono matrimonial matters. associate of a new firm, Kevin Schmitt in August Prior to joining Touro Law Center’s Career Barrocas & Associates, P.C. 2012. Michelle is an Services Office, she was an attorney with the which was recently associate at Certilman Balin firm of Winkler, Kurtz, Winkler and Kuhn established in May of this year. The firm is Adler & Hyman LLP practicing in the areas of family and dedicated to the practice of matrimonial and practicing in real estate law matrimonial law. family law including mediation and and Kevin has his own law collaborative law. Anthony is an associate practice located in Garden Matthew Zangwill authored an article in the attorney with Law Offices of Saul Kobrick, City. In 2012, Michelle was January 2012 Suffolk Lawyer titled, “Attorneys P.C. practicing in the areas of elder law and named one of Long Island’s 30 young Beware - Update on Ethical Considerations.” trusts and estates. professionals under 30 by the Huntington The article previously appeared in Ruskin Chamber of Commerce. She was honored at Moscou Faltischek P.C.’s publication Real John Raimondi authored an article which the Chamber’s “Celebrate Long Island’s Young Estate Law Alert. Matthew is an associate in appeared in the March 2011 Suffolk Lawyer Professionals” Recognition Event on May 1, Ruskin Moscou Faltishchek P.C.’s real estate titled “Paternity and Equitable Estoppel.” John 2012. The Celebrate Long Island Young department, municipal development incentives has been employed as a Family Court Professionals event recognizes 30 young people & environmental practice groups. Magistrate since 1999, Suffolk County Courts. under the age of 30 who are truly committed He was previously employed with the Suffolk to their business and civic communities and Pierre Bazile is pleased to County Legal Aid Society and was also a deserve to be recognized. Active in her class of announce that in 2011, in partner in Raimondi & Raimondi, P.C. He is a community, Michelle is a mentor in the addition to turning 40, he former Officer of the Suffolk Academy of Law, Lawyers Involved in Kids’ Education (LIKE) got married, and learned he a frequent lecturer at the Suffolk County Bar Program, which is affiliated with the Long ’06 was going to be a father, all Association and is also a Program Coordinator Island Mentoring Partnership, and was chosen 60 Class Notes The Touro Lawyer Fall 2012

to speak at their 14th Annual Benefit. She is a Courtney (Liotti) Topic Frank Pipitone married member of the Action Long Island Young and her husband are pleased Evelyn Paz Solis in February Adult Alliance and serves as Captain of the to announce the birth of 2011 at Brecknock Hall, a Action Long Island/American Heart their son, Nikola, born on historic home in Greenport. Association Long Island Corporate Wellness March 9th, 2012. He was Frank has his own law Challenge for the firm, as well as a member of 9lbs 6oz and 20 inches at birth. Courtney is an practice, Pipitone Law the Marcum Corporate Workplace Challenge associate in the Business Litigation Group with focusing in the areas of Committee. She also volunteers at the Little the Manhattan law firm of Dickstein Shapiro. consumer bankruptcy laws. Shelter Animal Rescue and Adoption Center Her practice focuses in the areas of complex Evelyn is on leave caring for in Huntington and is Vice President and Legal civil litigation in federal and state courts. their son, Paxten M. Pipitone, who was born Counsel for her condo board. During law on September 20, 2011. She teaches English as school, she served as President of the Women’s Neelam Reddy Penta has joined the firm of a second language at Manhattan Bridges High Bar Association, Vice President of the Public Fragomen, Del Rey, Bernsen and Loewy, LLP School in Manhattan. Interest Law Organization of Touro, Election as an associate. She practices in the areas of Chair of the Student Bar Association, and immigration and nationality law. She is a Carol Ryder is now of Competition Editor of Touro's Moot Court member of the American Immigration Lawyers counsel to the Commack Board. She remains an active member of the Association (AILA), Member, American Bar firm of Sarisohn Law alumni community and serves on the Alumni Association, New York Women’s Bar Partners, LLP. Carol has her Council and also participates in the Alumni- Association, and South Asian Bar Association of own law practice, The Law Student mentor program. She was featured as New York. Office of Carol Ryder, PC the “Alum of the Month” during September focusing in the areas of 2009, and was recently honored as a 2012 John A.Anselmo has animal law, disability law, Public Interest Attorney of the Year by Touro class of recently joined the firm of estate planning, personal at its Annual and Goods and Services Auction. Nicolini, Paradise, Ferretti & injury and divorce law. She speaks at a number Sabella, PLLC, in Mineola. of seminars in the area of animal law, most Elaine Colavito has recently “Animal Law For The Pet Lover become associated with the John Cooney, associate with the firm of Seminar & Discussion” at the Northport law firm of Sahn Ward Ruskin’08 Moscou Faltischek, P.C. and adjunct Library. She spoke about subjects including Coschignano & Baker professor at Touro Law, co-authored a book, important things every pet owner should know PLLC. She concentrates her The New York Bar Exam by the Issues (Thomson about animal ownership laws, rules and practice in matrimonial and West 2012) authored by Professors Suzanne regulations, licensing, dog bite situations and family law, civil litigation Darrow Kleinhaus ’98 and Myra Berman ’05. more. Visit www.carolryderlaw.com to learn and immigration matters. more. She was previously associated Todd Jones and his with a civil litigation law firm on Long Island. wife Jaime are pleased Jessica Waters joined the firm of Meltzer She holds an undergraduate degree from State to announce the birth of Lippe Goldstein & Breitstone, LLP as an University of New York at Stony Brook (B.A., their daughter, Grace associate in the firm’s labor and employment summa cum laude, 2003). She is a member of the Michele Jones born on group. She previously was an assistant corporate Suffolk County Bar Association and the New July 24th, 2011. Grace counsel in the Labor & Employment Division York County Bar Association. She currently joins proud older brother Wesley Michael. of the New York City Law Department. writes a monthly column for The Suffolk Lawyer Todd is with the firm of Pasternack, Tilker, While at Touro Law, Jessica was a member of titled, “Decisions of Interest.“ Elaine is also the Ziegler, Walsh, Stanton & Romano and the Touro Law Review and served as an Articles author of an article titled, “Social Networking practices in the area of workers’ compensation. Editor. Additionally, Jessica received an Sites and the Right to Privacy: Kathleen ABA/BNA Award for Excellence in Labor and Romano v. Steelcase and Educational Matthew Moisan has joined Certilman Balin Employment Law and received an Alumni Institutional Cooperative Services, Inc., Index Adler & Hyman, LLP as an associate in the Association Academic Achievement Award. No.: 2233/06,” Medicine and Law Committee firm’s corporate/securities practice group. He Newsletter, Winter 2011, a publication of the was previously with the firm of Peter Birzon & Isaac Abraham is pleased American Bar Association. Associates in Jericho. While in law school, class of to announce that his firm, Matthew was a participant in the 15th Annual The Law Offices of Isaac Daniel A. Jimenez is proud to announce the Willem C. Vis. International Commercial Abraham, has launched a formation of his own law practice. The Law Moot Court Competition, held in Vienna, dynamic new website: Office of Daniel A. Jimenez P.C. focuses on Austria. The team placed first in North www.nystrafficviolations.com. Isaac focuses his estate planning, estate litigation and America and second in the World out of 204 practice’09 on traffic law related matters and his guardianship. Daniel recently was a co- teams. He received an Honorable Mention in firm is located in Manhattan. presenter of a CLE program dealing with oral advocacy and was honored by the New Article 81 Guardianship under New York State York State Senate for his success at that Robert Dooley authored an article in the Mental Hygiene Law. The office is located at competition. Matthew remains an active Suffolk Lawyer, under environmental law titled, 80 Orville Drive, Suite 100 in Bohemia. He member of the alumni community and is a “Navigation Law Update” about two recent can be reached at 631-244-1534. member of the Law Center’s volunteer Alumni decisions that address issues that arise in cases Council. involving oil spills. Robert is the co-chair of Fall 2012 The Touro Lawyer Class Notes 61

the Environmental Law Committee and is an Biana Borukhovich is family offenses, custody and child support associate with the Law Office of Frederick pleased to announce the matters and conducted trials in child support Eisenbud where he practices in the areas of opening of her own law proceedings. Prior to attending law school, she environmental, municipal and commercial firm, the Law Office of was a psychology major and an English minor litigation. Robert was appointed as co-chair to Biana Borukhovich at Fordham University. While at Fordham, she the Suffolk County Bar Association’s located in Brooklyn. She worked at a personal injury law firm and Environmental Law Committee for the 2011- practices in the areas of business law, business participated in numerous community service 2012 term. incorporations, uncontested divorces, projects, where she volunteered in soup trademarks/copyrights, landlord tenant law and kitchens and taught religious education to Patrick E. McNamara started his own law adoption law. Please visit her web site at children. She is admitted to the New Jersey practice, The Law Office of Patrick E. www.bb-lawfirm.com or call (347) 450-1811 State Bar and the New York State Bar. She McNamara, where he focuses in the areas of to learn more. currently resides in the Bronx. wills, trusts & estates, elder law, and guardianships. Patrick is admitted to practice in John Cestaro married Katie Barone on Madeline Klotz has been the State of New York, as well as the United September 4, 2011 at Windows on the Lake in named an associate with the States District Court for the Eastern and Lake Ronkonkoma. John is an attorney at firm of Meyer, Suozzi, Southern Districts of New York. Prior to Todd J. Zimmer & Associates in Commack English & Klein, P.C. in the forming The Law Office of Patrick E. and Katie is the owner of Creative Dreamers firm’s Litigation and Dispute McNamara, Patrick was a law clerk for the Day Care in Deer Park. Resolution, and Personal Hon. John Riordan at the Nassau County Injury practices focusing on Surrogate’s Court, and thereafter a litigation Christopher J. Clarke, an general commercial, and associate at the law firm of Gallagher, Walker, associate at the Garden City personal injury litigation. Bianco & Plastaras, LLP. Additionally, while at law firm of Moritt Hock & She was the Articles Editor Touro Law, Patrick completed the school’s Hamroff LLP, was recently for the Touro Law Review from 2009-2010, a Elder Law Clinic. Patrick is a member of the appointed to serve on the Faculty Fellow as well as a member of the Suffolk County Pro Bono Foreclosure project, Pro Bono Task Force of the Moot Court Honor Society from 2007-2010, where he negotiates loan modifications with Nassau County Bar in addition to being on the Dean’s List from bank attorneys on behalf of his clients. He is Association. Christopher 2007-2010. Madeline received her M.S. in also an involved member of the New York concentrates his practice in May 1999 from , where she State and Nassau and Suffolk County Bar the areas of commercial litigation and trusts and was a member of Kappa Delta Pi, International Associations. Visit his firm’s website at estates. He has also served as a Judicial Intern to Honor Society in Education; and Kappa http://ny-elder-law.com. the Honorable Leonard D. Wexler of the Gamma Pi, National Honor Society. She United States District Court for the Eastern received her B.S. in 1996 from St. Joseph’s Lusine Mkhitaryan has received her PhD District of New York and to the Honorable College, magna cum laude, in Mathematics and degree from the Russian Academy of Justice, Bruce D. Alpert of the Nassau County Math/Computer Science. Before joining recently confirmed by The Ministry of Supreme Court. He is a member of the Meyer Suozzi, Madeline was an intern at the Education of Russia. Lusine is a sales team American, New York State and Nassau U.S. Attorney’s Office where she conducted leader with Hyperion Systems Engineering Ltd. County Bar Associations. legal research; drafted appellate briefs and memoranda; performed jury selection; prepared Stephen Sharon was interviewed on CBS Robin Daleo is an associate at the newly oral arguments; attended hearings, trials, news on April 5, 2012 – “New York Moves renamed law firm of Nancy Burner & proffers, and conferences. In the Fall of 2009, To Ban Sex Offenders from Online Gaming Associates in Westhampton Beach. She she was an intern to Honorable Denis Hurley, Networks” as an internet safety expert. concentrates her practice in the area of estate United States District Court, where she planning, elder law, trust and estate conducted legal research and drafted opinions; Alyson Berman-Lonardo administration and guardianship. Robin was observed hearings, trials, and conferences; class of and her husband Tommy are editor-in-chief of the Moot Court Board while discussed the merits of cases and effectiveness of pleased to announce the attending Touro Law and received the written presentations and oral advocacy birth of their National Association of Women Lawyers techniques. She also worked as a Legal Assistant daughter, Award and the Exceptional Contributions to to an attorney, for whom she conducted legal Mikayla Rose the Growth of the Law Center Award at research; drafted wills, health care proxies, ’10on April 16, 2011, 6 lbs 2 oz, and graduation. living wills, contracts, riders, closing statements, 19 inches. and motions. Madeline was admitted to Jacquelyn DiCicco has practice law in the State of New York in May Penelope J. Blizzard-McGrath is pleased to joined the Mineola law firm of 2011. announce the opening of The Law Office of of John M. Zenir, Esq. as an Penelope J. Blizzard-McGrath, a general associate practicing in the Christopher Richard Miller married Ingrid practice with an emphasis on divorce, custody, area of family and divorce Virginia Lund in May 2012 at the Woodend child support, visitation, pre and post nuptials, law. While at Touro Law, Sanctuary, part of the Audubon Naturalist and wills. Her office is located at 622 she participated in the Family Society in Chevy Chase, Md. Christopher is of Hawkins Avenue, Suite 2, Ronkonkoma, Law Clinic, where she counsel to the Law Offices of Douglas R. (631) 676-5610; [email protected]. engaged in settlements for Stevens in Washington, D.C. where he 62 Class Notes The Touro Lawyer Fall 2012

practices personal injury litigation. Ingrid is a York and is a member of the New York State reception at The Westmount Country Club, senior consultant at the Advisory Board Bar Association and the Suffolk County Bar Woodland Park, N.J. Angela earned a Bachelor Company, a research and consulting firm in Association. of Science degree in business administration, Washington, where she advises hospitals and with a concentration in finance, from Wagner radiology practices on business strategy. AndrewVan Singel is a Tax Clinic Director College, where she was named to Delta Mu with Prairie State Legal Services. In this Delta and Omicron Delta Kappa honor Matthew Schames is pleased to announce the capacity, he will be the organization's tax societies and the dean’s list. She is an associate launch of his online sports startup, attorney for the state of Illinois (minus Cook with Merlino and Gonzalez in Graniteville. GyroSports.com GyroSports is a sports contest County). In May, 2011, Andrew was Mario earned both a Bachelor of Science site dedicated to tracking how the nation views appointed Assistant Editor of The Young Lawyer, degree in business administration, with a any given sporting event or game. which is published by the American Bar concentration in finance, and a master of Association, Young Lawyers Division. business administration degree in management from Wagner College, where he was named to Alex Shkolyar and Ian Ribald appeared in Chul-Woo Lee has joined the dean’s list. He is a manager with Bernard an article in the April 13, 2011 edition of the class of the Melville law firm of Herold & Co., Inc., in Grasmere. Jewish Star titled, “From Court To Court, Carter, DeLuca, Farrell & Lawyers Play Hoops.” Schmidt as an associate. He is a member of the New York Bernadette Tuthill has joined the firm Intellectual Property Law DePinto Nornes & Associates, LLP as an Association,’11 New York City Bar Association associate. She focuses her practice in the areas of and Asian American Bar Association of New estates, estate planning, and estate taxes. York. He is admitted to the Courts of the State Bernadette received her Bachelor of Science of New Jersey and to the United States District degree in Business Management in 1996 from Court of New Jersey. Ithaca College and graduated summa cum laude from Touro Law, where she was the Note and Angela Rose DiSanto and Mario J. Comment Editor of the Touro Law Review. Giammarco Jr. were married on November Bernadette is admitted to practice law in New 18, 2011 in Huguenot, Staten Island with a

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