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New York Law School In Brief NYLS Publications

Spring 2000

In Brief, vol 18, no. 2, Spring/Summer 2000

New York Law School

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Maurice Greenberg addresses Law School community at Dean's Lecture

ifty years after his own graduation, Maurice R. Greenberg '50, chainnan and FCEO of American International Group, Inc (AIG), one of the largest insurance and finan­ cial worldwide companies, returned to NYLS to give a special Dean's Lecture address. Speaking before a standing-room only crowd of more than 300 students, recent graduates and fac­ ulty, Mr. Greenberg's talk, "Business Careers for Law School Graduates: A Career Strategy," included anecdotes and examples from his own life. He also refl ected on th e place of lawyers in today's complex, global business place. "Remember," Mr. Greenberg exhorted th e audience "to always have a passion for what you do, Board of Trustees Chainnan Arthur Abbey '59 (1) and past Board Chainnan and remember, too, that lawyers set the moral tone Lawrence Huntington '64 (r) welcomed for our .iation." Maurice Greenberg '50 back to the Law School. Mr. Greenberg (1 ) and the I-Ion. Mr. Greenberg, a trustee emeritus of NYLS who Seymour Fier '52 chatted with students received an honorary doctor of laws degree from the following the Dean's Lecture. School in 1972, particularly enjoyed answering stu­ dents' questions following his formal remarks. When asked about the value of a law degree in the business world, Mr. Greenberg emphasized that "a law degree prepares one to think, and that is an invaluable skill in business and in life."

NYLS students met with Justice Clarence Thomas who answered their questions followin(; the final round. Moot Court Association mem­ bers also visited with the Wagner Competition judges. The judges, seated (1-r), were John C. Truesdale, labor management arbitrator and NLRB official; Michael D. I-less, corporation counsel to the New York City Law Department; I-I on. Clarence Thomas, associate justice of the US supreme court; Prof Nadine Strossen; and Preeta D. Bansal, solicitor general of the State of New York. Adjunct Professor Gerald Lebovits, faculty advisor to the Moot Court Association, is standing behind Justice Thomas.

he Honorable Clarence Thomas, associ­ As the round begari, Justice Thomas quipped, true knowledge of the law." ate justice of the US Supreme Court, "Remember, judges hear very slowly; slow clown The nation's largest student-run moot court T returned to NYLS for th e second consecu­ and let them hear every word you have to say." competition featured 40 schools participating in tive year to serve as chief justice at the 24th After rendering the court's decision, he com­ four-days of rounds. The University of California Annual Robert F. Wagner, Sr. National Labor and plemented the studei:it competitors, "I applaud all at Hastings won the final round over Pepperdine Employment Law Competition on March 12. of you for your candor, truthfulness, poise, and University School of Law. NEW YORK ON THE COVER: Dean Harry H. Welli ngton (see cove r story, p. 18-26) IN BRIEF Photo by Kell ey Campbell _ The Magazine of New York Law School LAW- SCHOOL Spring/ Summer 2000 C 0 N T E N T 5

2 From the Editor's Desk

Richard Matasar to succeed 3 Dean Harry Wellington in July 2000 BYYVONNE HUDSON

Scholars in Brief: Putting the Ethics Back in Legal Ethics 8 Dean-designate BY TANINA RosTAIN Richard Matasar, p.3. 10 Center for International Law symposia go to Supreme Court Lawyering Skills & New Technology IN BRIEF 14 By Professors LAWRENCE M.GROSBERG, ARTHURS. LEONARD, EDWARD SAMUELS, Vol.1 8, No. 2 and LUNG-CHU CHEN,with perspectives from the Writing Program staff and New York Law School In Brief(USPS 457-650) is published twice a yea r by the Office of CAMitLE BROUSSARD of the Mendik Library. Development and Public Affa irs of New York Law School in the interest of the Law School, its alumni/re, and friends. Thinking about Money in the 21st Century Barbara I. Leshinsky 17 BYKAREN GROSS Associate Dean for Institutional Advancement

COVER STORY: Yvonne Hudson, Editor Director of Comm,mications 6- Closing a Door, Opening a Window Public Relations Donna Spalter, Ass istant Editor 18 BY HARRY H. WELLINGTON Assistant Director ofComnumications 6- Reflections of a Longtime Colleague Public Relations Contributing Editor: BYELLEN RYERSON Diana Leo Dean Wellington's Friends and Colleagues Reminisce Reporters: An na Abrigo '00, Laurie F. Dorf, Gwen SECTIONS: Greenberg, Adjua Starks Student Assistants: 4 New York Law School News Kell e Gagne 'OJ, Phoutthasone Thavonekham '01, Eddie West-fi eld, Jr. 'OJ Ellen Ryerson and Dean Wellington, Chief Photographer: Patri cia Decker p.22. 11 Faculty News M Direction: Suka & Friends Design, Inc. Editori al contributions as wel l as submissions of copy and photos lo Class Action are welcome. 11,is Bookmark publication accepts no responsibility for unsoli cited 13 manuscripts or photogra phs. Al l submi ssions are subject to editing and are used at th e editor's discre­ tion. Opinions exp ressed in this \,ublicalion do not 27 Profiles necessa rily refl ect official Schoo policy. I BRIEF E-mail inbri [email protected] Prof Pamela Phone 212-43 1-2800 29 Alumni Motions Champine, p.13 6 27. Fax 212-406-0103 New York Law School 57 Wo,th Street, New Yo rk, NY 10013 Nonprofit Org. U.S. Postage Paid 31 Class Action ew York,NY Posbnaster: Send address changes lo: ew York Law School 36 In Memoriam Office of Development & Public Affairs 57 Worth Street, ew York, NY 10013 ~m~ Editors Desk

SEASONS OF CHANGE

hange is a fact of life at every institution of learning. discuss the brave new world of teaching and practice, in light of Each fa ll new students stream into the School while emerging technologies and specialties. As the world of practice C each spring more fami liar faces exit past proud parents confronts more compli cated issues, we extended a timely invita­ and faculty members at Commencement. Commiserating on a tion to "scholar in brief" Tanina Rostain, associate professor, who shared occupational hazard , fac ul ty and staff nod in agreement di scusses legal ethics. Likewise, it was time to get to know our th at th e students appear much younger every year. So, each sea­ newest fac ul ty members a little better, now th at they have been son brings a new rhythm to the daily activi ties as orientation blurs teaching here for a few montl1s. You can read more about Pamela into a flurry of deadlines for papers and the intense concentra­ C hampine and Sadiq Reza, associate professors who joined th e tion of Reading faculty this academic year, in our profiles. We also meet Anthony Period as students Capetola '70 whose daughter M ichell e is a member of the Class press toward finals. of 2000. In · the case of As we embark on a new academic year with a new clean, New York Law In Brief wi ll continue to refl ect exciting changes in and around School, bittersweet New York Law School. We believe it's more important tl1an ever change is upon us. to hear from our readers. A we prepare to We're also happy to report a greater number of submiss ions send the C lass of for Class Acti ons. We know yo u're busier than ever; we would 2000 into the world love to hear why before you embark on summer travel and pro­ beyond our class­ jects! We're just an e-mail away at inbrie(@nyls.edu. rooms, we are experi­ encing the final months of the dean­ ship of Dean Harry H. W ellington who wi ll step down at the encl of June. We invited Dean Wellington to share some of his thoughts as he concludes his work as dean and PUT YOUR STORY IN THESE PAGES prepares to continue his impressive career We're working on future /n Brief stories. We're searching in legal education as a member of our faculty. We couldn't res ist for alumni and alumnae who fit these descriptions: also asking his long-time colleague Ellen Ryerson, associate cl ean • Working for on line companies-" dot.corns." of academic affa irs, as well as a number of other friends and alumni/ae to refl ect on Dean Wellington's contributions and • Applying their law degree in innovative ways, style. They eagerly responded with the warm insights that round either in practice or in other career areas out out a special In Brief tribute to Harry Wellington. side of practice or "alternative" careers. At this appropriate time, we are happy to share the School's • Met your significant other or spouse while at announcement that Richard A. Matasar wi ll become the 15th NYLS. Read about our contest on p. 33. president and dean of New York Law School in July. While we plan to feature our new dean in the fa ll 2000 In Brief, you can In Brief also welcomes your queries regarding read more about him on the page opposite this column. submissions of copy and photographs as well ideas for ln this first In Brief of the year 2000, some facu lty members stories. Write the editors today at [email protected].

2 In Brief Richard Matasar to succeed Dean Harry Wellington in July 2000

At a Glance: Richard A. Matasar

Scholarly and academic publishing: includes Federal Courts: Theory and Practice (Little, Richard A. Matasar, a Law (1991-96), Mr. Brown & Co., 1996), written with R.N . Clinton & nationally recognized Matasar greatly enhanced M. Collins. scholar in civil procedure the faculty, while leading Teaching and scholarly areas: civil procedure, and federal jurisdiction, will the school to prominence constitutional litigation, federal jurisdiction, become the 15th president as an institution integrat­ trial ad\/ocacy, and professionalism. and dean of New York Law ing technology into legal Prior Deanships: University of Florida Frederic School when he succeeds education. During his G. Levin College of Law, 1996-99. Dean Harry H. Wellington tenure, the school 's Chicago-Kent College of Law, 1991-96. (see cover story, p. 18). endowment grew from Early career moves: Law clerk to Judge Max "Mr. Matasar will bring $5 million to more than Rosenn, US Court of Appeals, 3rd Circuit. his far-ranging legal, acad­ $17 million. Practiced law as an associate at Arnold & Porter, emic and management abilities to this institu­ Mr. Matasar reflects on his decision to join Washington, DC. tion," says Arthur N. Abbey '59, chairman of NYLS: "Its outstanding graduates, dedicated Education: BA and JD degrees (magna cum the Board of Trustees, who announced Mr. faculty, and energetic students have been laude, Phi Beta Kappa, and Order of the Coif) Matasar's appointment following a faculty committed to improving our profession, at the University of Pennsylvania. Research and vote in November 1999. Mr. Abbey notes that searching for justice, and moving legal knowl­ writing editor of the University of Pennsylvania Mr. Matasar "follows the dynamic tenure of edge forward for more than a century. Law Review. Harry Wellington who has enhanced the aca­ "I am honored to follow Harry Wellington demic reputation of New York Law School," as dean of this great law school. All of the addressing issues related to "human dignity," · where "the faculty is strong, our student body building blocks are in place for moving the enabling NYLS faculty and students to ma ke diverse, and the curriculum as relevant and Law School to the next level. I am dedicated an impact upon many ind ividuals beyond comprehensive as it has ever been ." to trying new.things, pushing myself and my the Law School. Mr. Matasar was most recently the ninth colleagues to experiment, taking risks, and Mr. Matasar hopes to create strong links dean of the University of Florida's Frederic G. searching for significant advances in legal among students, faculty and alumni/ae in the Levin College of Law (1996-99), the oldest knowledge. New York Law School is the broader worlds of business and government. public law school in that state and one of the future: a lean, agile institution that will He also believes that the Law School's location 10 largest in the nation. He will leave his fac­ embrace and adapt to whatever changes must be exploited : "We have the chance to ulty post as the Levin, Mabie and Levin emerge in this new century." serve as a resource to New York and the rest Professor of Law to begin official duties at During his spring sabbatical from the of the world. We must take advantage of our NYLS on July 1, 2000. University of Florida, Mr. Matasar has attended location in the financial district by looking to Jon Mills, interim dean at Levin College, a number of events and meetings with NYLS our faculty specialists in corporate and finan­ observes that Mr. Matasar's "energy and lead­ board, alumni/ae, faculty, administrators and cial law, linking them to the best and brightest ership have moved our institution forward dur­ students. Upon his official arrival in July, he'll practitioners in the field, and giving students a ing the past three years. He will be missed ." announce a number of administrative and chance to become involved in industry issues." During his tenure at the University of programming innovations. "Looking intensely inward," says Mr. Florida, Mr. Matasar created and implemented "Our graduates deserve to see the Law Matasar, "will be the first step ." He stresses the law school's first comprehensive strategic School continue to improve," he says. "They that the Law School must further develop the plan. His vision led to the development of the can look forward to welcoming new New York curriculum to provide students with both a International Center for Automated Law School graduates as colleagues and broader and deeper education in the law. Information Research and the Legal friends. Our alumni and alumnae bring glory Mr. Matasar will reside in Manhattan with Technology Institute. During Mr. Matasar's to the School and New York Law School aims his wife Sharon . The Matasars have a daugh­ administration, the international presence of to bring glory to all of its graduates. " ter, Miriam-Jennifer who attends Grinnell Levin College of Law expanded, a fund raising He has already targeted civil liberties and College. Son Adam will begin his undergrad­ campaign of over $40 million was completed, human rights for the development of new cur­ uate studies in September at Tulane University. and the college's endowment tripled. riculum and clinic programming. Through the As dean of the Chicago-Kent College of creation of a new center he anticipates - YVONNE HUDSON

An in-depth profile and interview with Richard Matasar will appear in the fall In Brief. In the meantime, visit www.nyls.edu for news and updates. Spring/Summer 2000 3 New York Law School NEWS

Enrollment update Prof. Kahn has been a fac ulty This year's enrollment at New member at NYLS since 1993 . She York Law School totaled 1,396 teaches Corporations, Corporate students (920-day students and Law: Perspectives of the 4 76 part-time and evening stu­ Practicing Attorney, Corporate dents). The student body is com­ & Securities Law: Issues in prised of 51.6% men and 48.3% Corporate Theory, and · fohn Herbert Dillinger, perennial "Public Enemy# 1," made an unprecedented court appearance at NYI..S in February, when he was apprehended (not shot as women, with a total minority Corporate & Securities Law previously reported) at Chicago's Biograph Theater. In the Student Bar enrollment of 23 .7%. Seminar & Workshop. Association's annual Mock Trial, Dillinger (Brett Schultz '00) received a death sentence following his conviction offelony murder. f ud8,e Gerald Lebovits There were 467 first-year stu­ (s hown, far left), adjunct professor of law, interacted with a parade of colorful dents admitted in the fall 1999 New faces on campus witnesses including Prof Nadine Strossen as the "Lady in Red" and Prof Eugene Cerutti as FB I Chief!. Edgar Hoover. Student attorneys argued along­ semester; 35 5 students are ew staff members who side alumni fam es Iniguez '95 (for the state) and Steven Klein '97 (for the expected to graduate at the Nhave recently joined the defense). 108th Commencement exer­ Law School staff are Cindy cises on June 12. Fields, assistant to the assoc iate Esther Kallman retires dean of Finance and sther Kallman, assistant to the associate dean for fin ance and admin­ Professor promoted Administration; Michelle Ottley, E istration, retired from the NYLS family this January after 22 years of ·· TheBo ard of Trustees coordinator of Co-Curricular service. Members of the administration staff honored her with a fa rewell recently promoted Programs; and Renee Davis, reception. She has worked under three associate deans, including the Associate Professor Faith work-study coordinator in current Associate Dean for Finance and Administration Fred DeJ ohn . Stevelman Kahn to professor Financial Aid. of law with tenure.

Rego o ey_ og e

Annual Fund Update Capital Campaign Update The first half of the 1999/2000 academic (and fiscal) year has been The planning phase of the capital campaign continues to help us strong. By the end of January 2000, our annual fund balance was clarify options and decide on goals and objectives. Dean Richard A $834,4331, received from 1,674 donors. To all of you who have Matasar is committed to the project and will be integrally involved in contributed thus far, many, many thanks. And, to those of you who the next few months as we prepare to unveil final plans. have not yet given, there's still time! On behalf of the entire office of development and public affairs, I'd New Harlan Chair like you to know that all of us thoroughly enjoy getting to know so We were most forh.mate this year to have Denise Mortner Kranz '85, many nyls alumni/ae and friends. We appreciate your generosity and serve as Chair of the Harlan Fellowship Committee. Members of the hope to see you at School events throughout the year. committee include Judith Bresler '74, Michael Gaschler '89, Many thanks and my very best wishes, Kathleen Grimm '80, Helene Netter '74, Paul Poretta '95, Alan Schnurman '71, and Martin Wendel 78. With such dedicated people involved, we're sure to reach our goal for the year. ~Barbara I. Leshinsky Associate Dean for Institutional Advancement

4 In Brief NYLS student is 1999 NAPIL honoree he NYLS community congratulates Sharon Finkel '01 on receiv­ Ting a 1999 Exemplary Public Service Award from the National Association for Public Interest Law (NAPIL) during the organization's annual awards dinner held in Washington, DC, in October 1999. Adjua Starks, public interest coordinator and associate director of Career Services, states, "Sharon is indeed a wonderful and dedicated individual who is more than worthy of receiving this award. It has truly been and continues to be a pleasure counseli ng and assisting Sharon in her des ire to do public interest work."

At the Annual Legal Association ofWomen's (LAW) Luncheon Prof Karen Gross (see her essay, p. 17) discussed the role ofmoney, credit and bankruptcy in women's lives. (1-r) Elizabeth Hickey '02, Beth Blauer '01, Prof Gross, Lori Ferraro '00, Danielle Petito '0 1.

Extra Extra: Student he Black Law Students newspaper returns TAssoc iation is coru::lud ing new student newspaper has another successful year with the A been regularly covering the continued publication of the Law School this academic yea r. BLSA News Journal. In add ition, Taking its name from registrar Adiua Starks, Sharon Finkel and Chris Nugent. BLSA's mentoring program jargon referring to law students matched first-year students with ( 1L , 21, etc.) the L was estab­ At the ceremony, Ms. Finkel was joined by her father Mikhail those in their second- and third­ lished in the Fall of 1998, in Finkel, Ms. Starks, and NYLS students. Other honorees inclu~ed First years. As we went to press, BLSA response to the lack of an Lady Hillary Rodham Cli nton and Gregory Will iams, dean of Ohio had invited graduates to its independent student news pub­ State University College of Law and president of the Assoc iation of Alumni Dinner on April 28. For lication on campus. American Law Schools. further information on BLSA, Declaring itself "the Voice Ms. Finkel, a summer associate with Americorps VISTA, was recog­ contact 212-431-2899, ext. 4322. of the NYLS Community," the L nized for her work with the Florence Immigrant and Refugee Rights chronicles campus news and Project in Florence, AZ. Under the supervision of Director Chris SBA roundup events and provides an open Nugent, she provided refugees with legal services, gave group legal he Student Bar Assoc iation, forum for its readers to exchange presentations and created, both in English and Spanish, an extensive T in con junction with the viewpoi nts. information manual for INS detainees. Faculty Committee on Student For details, contact the Lat In addition, she was responsible for a 16-page motivational manual Affairs, administered a compre­ 212-4 31-2899 ext. 4 202, or via for client empowerment and prose representation before the INS. The hensive survey on student life at e-mail at [email protected]. publication is distributed nationally through the Detention Watch NYLS. The SBA and the Faculty Network. Monthly forums are conducted Ms. Finkel, a member of the NYLS Journal of Human Rights, is by school administrators to pro­ also the recipient of a 1999 NYLS Summer Public Interest Fellowship. vide students with an opportu­ When asked about her experience working with the Florence nity to address various concerns Immigrant and Refugee Rights Project she enthusiastically replied: to appropriate personnel. "Working with the Project was such a personally rewarding experi­ In addition, the SBA spon­ ence because it gave me the opportunity to speak for those whose sored both the annual Mock voices are rarely heard. In add ition, I had the privilege of working Trial, and the Barristers Ball at with such passionate and selfless attorneys and they further enabled Tavern on the Green. me to envision the kind of attorney I aspire to be."

-ADJUA STARKS

'tUdEntr 'EEk EACH YEAR. NEW YOR.K LAW SCHOOL'S STUDENT HOUSING OFFICE low u Ju COMPILES LISTS OF AVAILABLE APAR.TMENTS AND SHAR.ES. IF YOU HAVE A R.OOM OR. APAR.TMENT YOU A t t WOULD LIKE TO R.ENT TO AN NYLS STUDENT PLEASE CONTACT THE NYLS HOUSING por mEn s COOR.DINATOR. AT (212) 431-2166 OR. E-MAIL [email protected]. New York Law School NEWS

Bianca Bezdek '00 (I) and Prof Nadine Strossen (r).

"Bringing the Un iverse Down On the air with the Communications Media Center to Ea rth" in the fi nal breakfast he NYLS Communications Media Center has produced "The of the yea r. T Media Reporter," a 13-part television seri es fea turing an array of The Center fo r New Yo rk distinguished hosts and t:l1 eir guests, who examine t:l1 e ever-changing City Law is laun ching a major landscape of broadcasting and new technologies. The show, which is web resea rch tool-comparable co-produced wit:11 host Jacob L. Trobe, a senior research assoc iate of to Wes t:l aw and Lexis-contain­ t:l1 e Center, aired on WNYE, Jan. 16-April 9, 2000. ing a data base of all of NYC's Professor Michael Botein, t:li e founding director of t:lie Center, Office of Administrati ve Trial has collaborated wit:11 Mr. Trobe for over a decade, parti cularl y wit:11 and Hea ri ngs (OATH) documents . the launching of t:lie "Algonquin Telecommunica tions Round Approximately 4000 OATH Tabl e" in 1982. Mr. Trobe maintai ns t:li e archives of previous Media cases, covering everyt:l1 ing fro m Reporter episodes in his personal coll ection. substantiated complai nts of "The Media Reporter" guides the lay person t:li rough the often Richard Parsons, President, police miscondu ct to violations bewildering array of communica tions technologies that have a Time Warner Corporation. of t:l1 e City's upstate wa tershed tremend ous impact on government, poli ti cs, diplomacy, edu ca tion, Center for New York rul es, will b~ ava il able t:li rough the arts, science and t:li e law. Some of Mr. Trobe's co-hosts during th e City Law on the move the Center's web site at no current se ries have been, B. Keith Fulton '98 who tackled th e topic, he City Law Breakfast seri es charge. The Cente r anticipa tes "Bridging t:li e Digital Divide," and Fredrik Cederqvist '94 who T co nt111ues to be a hit 111 NYC. adding ot:l1 er importa nt City explored FCC Broadcast Ownership Policy. Another fea tured co-host Speakers at CilyLaw Breakfasts decisions to its web site, incl ud­ was NYLS student Bianca Bezdek '00 (a bove, left) who intervi ewed this yea r included Time Warner ing the opinions of t:l1e Conflicts NYLS Professor Nadine Strossen (above, right) on t:l1 e subj ect, "t:li e President Richard Parsons, NYC of Interest Boa rd and t:l1e Tax Intern et, Privacy and t:li e U.S. Constitution." Anna Abrigo '00 served Corporation Counsel Michael Appeals Tribunal. as production coordinator of t:l1e series. Hess, Samuel "Gridl ock Sa m" For detail s, contact t:l1e The seri es was taped on campus under t:l1 e direc ti on of Robert Schwa rtz, and Deputy State Center fo r New York City Law at Wa rd , th e head of the NYLS audi o-visual department. Under his pro­ Comptroll er fo r NYC Kathl een 212-43 1-2 11 5, e-mail nyc ity­ fess ional supervision, a team of students participated in all t:li e tec hni­ Grimm '80. [email protected], or visit the cal aspects of production. This was th e first time t:li e series was pro­ Ne il DeGrasse Tyson, Center's We b site, www.city­ duced at NYLS. director of the new Hayden law.org. For more info rmation, visit t:l1e Center's web site at Planetarium, discussed www.cmcnyls.edu or call 212-43 1-2 160 . -AN AABRICO '00

Cynthia Wyatt returns to NYLS as director of Career Services ew York Law School wel­ as t:l1i s academic year began. from Ame rican University's Ncomes the return of 'Tm t:lirilled to be back at Washington College of Law and Cynt:lii a Wya tt as director of New York Law School working a BA from Fordham University, is Caree r Services. From 1995 to with the Career Services team," chairperson of t:li e Lawyers in 1998, Ms. Wyatt was t:li e said Ms. Wyatt. "This is an exc it­ Transition Committee at t:li e School's assoc iate director fo r ing time to be here, with all t:l1e Association of t:li e Bar of t:li e City employer outreach. She changes in the legal job market of New York. accepted t:l1e position of man­ and t:lie anticipated arriva l of Ms. Wyatt may be reached at ager for assoc iate development our new Dean, Richard 212-43 1-2345 or by e-mail at at Cadwalader Wickersham & Matasar." (see p. 3) [email protected]. Taft before returning to campus Ms. Wyatt, who holds a JD

6 Jn Brief Corrections/Clarifications King of Rock 'n' Roll" by Stan Faculty retirements The second facu lty member wo technical errors Soocher '83, appeared in th e fa ll wo distingui shed members to retire thi s June is E. Donald Toccurred in th e fa ll 1999 In 1999 In Brief Tof the fac ul ty will retire at Shapiro, th e Joseph Solomon Brief cover story. th e encl of this academic yea r. Distinguished Professor of Law The last words of Professor Reco_rd number of students Quintin Johnstone has been since 1983. Ri chard Sherwin's contribution named City Bar Fellows with NYLS sin ce 1985 teac hing Professor Shapiro, who is an to the fa ll 1999 In Brief (p. 16- our first-yea r IYLS stud ents La nd Transac ti ons and Finance, expert in medi cal malpractice, 17) cove r story were omitted. Fhave been named City Bar First Yea r Prope rty, and The served as the School's 13th Dean, The last sentence should read: Fellows, ti eing New York Legal Profession. 1973-83. Prof. Shap iro also "With newly ga ined respect for University Schoo l of Law fo r the A 1938 graduate of the served as director of th e the irra tional and fo r the fl uidi ty most placements of fellows in University of Chicago School of Practising Law Insti tute, I 968- of meaning, law yet holds out a th is prestigious annual program. Law, Pro f. Johnstone ran a private 71, and was president of the New way to live eth ically withi n our Foll owing NYLS City Bar prac tice in Chicago for a short York Law Joumal, 197 1-72. Most constru cted wo rl ds of meani ng Fell ows we re selected for place­ time before becoming an enforce­ recentl y, he ta ught Torts and in the 21st Centu ry." ments at the following law firms: ment attorney at the US Office of Medical Malpractice at NYLS. Al so, th e caption should Al exa nder Gomez (Skadden, Price Administration. He taught In additi on to a JD from have ind icated that Robert F. Arps, Slate, Meagher & Flom), law at Willamette University and Harvard University in 1956, Kennedy was shot six yea rs after Huang Huang (Willki e Fa rr & th e University of Kansas. In 1955, he holds numerous honorary the assass ination of his brother, Gallagher), Anthony Va rgas he became a professor at Yale degrees in clud ing an LL.D. President John F. Kennedy. (Battle Fowler) and Carolyn Law School, where he is the awarded by NYLS in 1973 . Walker (M il bank, Tweed, Justus S. Hotchkiss Professor of Both professors were In an excerpt from They Fought Hadl ey & McCloy). Law, Emeritus. While on leave honored at a retirement din ner the Law: When Rock and Roll Established by th e fro m Ya le, he served as Dean and in Ma rch. Goes to Court, we meant to Assoc iati on of the Bar of the Professor of Law at the Haile identify Jack Soden as the chief City of New York, this highl y Sellass ie University School of executive offi cer of Elvis Presley competitive fell owship program Law, Add is-Ababa, Ethiopia, Enterprises and Frank Glankler provides minority first-year 1967-69. as the seni or partn er in the students with summer opportu­ Prof. Johnstone received an Memphis firm that hand led nities at leading law firm s and LL.M from Corn ell University Presley's legal issues. The arti­ corporate law departments . School of Law and a JSD from cle, "Loving and Losing with th e Yae University Schoo l of Law.

Career Services' iob listings, career manua ls and other iob search resources are accessible to our alums free of charge via the office's Online Resource Center. Contact Career Services to obtain a user ID and password. In addition, by utilizing our partnership with Emplawyernet ®Career Service s provid es you wi th : • Over 5000 job listings nationwide • Career information and resources • Job search discu ssi on gro up • Links to employment and law-related web sites • Automatic download of job listings via e-mail Ernplawyernet ~ offe rs these resou rces to NYLS alums at a discounted monthly subscri ption rote of $4.75 . You can job search Yes! New York Law School's in your Office of Career Services is online! slippers? Visit [email protected].

Know about a job opportunity? Pass it on! Stay in touch. Call us or e-mail us to: Post a job listing • Make an appointment with a career counselor• Volunteer in the Alumni Networking Program • Volunteer to speak on a career panel New York Law School Office of Career Services• Cynthia Wyatt, Director• 212-431-2145 • career@nyls .edu SCHOLARS IN BRIEF

Putting the Ethics Back in . Legal Ethics Tanina Rostain

requirements of tl1e statute. la ting lawyers by imposing sanctions An IRS regulation distinguishes for misconduct, overlook the impact between taxable and nontaxable of lawyer-made law. As a result, events; a lawyer suggests to a client a although we have all sorts of lawyer description of a past transfer that ren­ regulation, we do not have an ders it nontaxable. approach to ethics that encompasses While counseling a client on the law made in the confines of a law necessity of complying with INS office. immigration rules, a lawyer empha­ In the middle of the last century, sizes that violations are treated as Lon L. Fuller, a renowned figure in "merely technical." the area of natural law, described just Rules of professional conduct such an approach. Fuller saw the law ost law is made in law offices. prohibit lawyers from divulging a as a collective human enterprise with Legislative and adjudicatory bodies broad range of information related to an important aspirational core. He undoubtedly make "law in the their representation of clients. believed that human beings engage books," but lawyers make "law in Attorney-client and work-product in shared projects that involve a vari­ action." In their daily advice to their privileges, as well as the privacy ety of institutions, social arrange­ ·clients, lawyers determine the shape assured in client consultation, further ments, customs and practices. All of most law-related transactions. impede access to lawyers' practices. these activities make sense only Lawyers counsel their clients to Only a small fraction of legal when they are understood in terms of negotiate particular contractual events created, structured, and man­ the purposes they are intended to fur­ terms, structure deals in speci fie aged by lawyers are ever subject to ther. The practical project of law is ways, assert certain claims and refrain judicial or other public review. Legal to devise collective arrangements from pursuing countless others. transactions rarely turn into disagree­ that will enable individuals to pursue There are few definitive answers in ments; those that do give rise to dis­ their particular projects freely. the law; rather, clients most often rely putes frequently do not reach a for­ Fuller envisioned lawyers, well on their lawyers' interpretive discre­ mal stage. The overwhelming major­ versed in the variety of structures tion. Examples of lawyer-made law ity of the small number of disputes available to order human affairs, at abound: that do turn into cases are settled the forefront of devising private and An employment-related statute before any adjudication on the fac­ public organizations. He empha­ applies to employers with a mini­ tual or legal merits. sized that lawyers are the preeminent mum number of employees, but Traditional legal ethics-the var­ "architects" of the social. order exempts businesses with the same ious codes in effect in every state­ because they understand the mimber of independent contractors; fail to take into account the reality of American formal institutional a lawyer recommends that her client lawyer-made law. Standard models processes, and have a keen sense of structure his workforce to avoid the of legal ethics, which focus on regu- everyday realities, human foibles and

8 In Brief limitations. In Fuller's view, lawyers' and counseling are governed in the provide any usefu l guideposts for sanctions for wrongdoing, would be license to invoke state power-and Code by the sa me fundamental lawyers to di stinguish between these able to address the problem of how th e legitimacy of the legal profession obligation to put a client's interests fu nctions. It suggests that, when lawyers counsel tl1 eir clients. If the generally-is premised on their role above all others. While th e Code rec­ counseling a client, a lawyer "in only thing that prevents lawyers from in furthering law as a collective enter­ ognizes that advocacy and counsel­ appropriate circumstances, should violating etl1i cal proscriptions is the prise. Legal practice involves, first ing involve different considerations, give his profess ional opinion as to fear that they may get caught, tl1en no and foremost, the active creation of it does not sufficiently explain how what the ultimate decisions of the amount of rules will be effective. We legal forms and institutions. Loyalty th ese roles work separately or in tan­ courts would be as to the appli cable would need intrusive oversight and to cl ients is justifi ed only insofa r as it dem. law." T he Code further couches the enforcement mechanisms that are serves the shared purposes embodied Under Canon 7 of the Code, a factors that are releva nt to counseling inconsistent with accepted preroga­ in the legal system. lawyer, no matter what role she or he in permiss ive rather than mandatory tives of legal practice. If lawyers Consistent with thi s view of ass umes, is re­ terms: "Advice believe that tl1 eir fundamental role is lawyers, Fuller sharply distinguished quired to repre­ Only a small fraction of of a lawyer need to advise cl ients to circumvent th e among the rol es that lawyers play. In sent a client legal events created, not be confined laws tl1 at limit them---even at the cost particular, parti san advocacy­ "zealously with­ structured, and managed by •to purely legal of effec ti vely nulli fying those laws­ putting a cli ent's interes ts above all in th e bounds lawyers are ever considerations .. . tl1en there really is not a lot tl1at can else-is not always justified. At a trial, of th e law." subiect to iudicial or other It is often des ir­ be done to stop them. In these cir­ a neutral arbi ter, evenly matched T he Code justi- able fo r a law- cumstances, lawyer-made law will public review. parti es, and fo rmal procedures fi es its endorse- ye r to point out serve cli ents' particular interests but ensure that each sid e will be heard ment of partisa n zeal across the th ose fac tors which may lead to a not broader societal concerns. and its arguments considered. In board on th e ground th at th e primary decision that is morally just as well as Fortunately, many lawyers do not counseli ng c li ents, lawye rs have to duty of th e legal profess ion is to legally permissible." believe that their job is to advise adopt a different ro le. As Fuller "assist members of th e publi c to ' If the Code is tentative on the clients in circumventing tl1e law, and noted, "[t] he reasons that justi fy and secure and protect ava il abl e legal problem of the ethics of counseling, many lawyers are motiva ted by con­ even require partisa n advocacy in the rights and benefits." EverY. member the ABA Model Rules of Professional cerns other th an fea r of getting tri al of a cause do not gra nt any of society is entitled "in a govern­ Conduct ("th e Rules"), adopted in caugh t. T hese lawyers beli eve that license to th e lawyer to parti cipate as ment of laws not of men to have his 1983, are even more so. When it their job is not exclusively-or even legal advise r in a line of conduct that conduct judged and regulated in comes to counseling, the Rules con­ primarily-to explain to clients how is immora l, unfair or of doubtful accordance with th e law, to seek any tain a fundamental contradic ti on. tl1eycan get away with what they want legality." Ass isting a cli ent in narrow lawfu l objecti ve through legally per­ O n the one hand, a lawyer may not to do. As th ey describe it, tl1eir role is compliance with th e letter of th e miss ible means, and present for adju­ counsel a client to engage in crimi­ to provide advice that assists cl ients to law-helping the client get as close di cati on any lawful claim iss ue or nal or fraudulent co11duct. On the further their goals while at the same as poss ibl e to the line without cross­ defense." This is a tra ditional argu­ other, a lawyer is expected to discuss time upholding th e collective pur­ ing it- is simply not an appropriate ment in support of zealous represen­ the legal consequences of any pro­ poses of laws and legal processes. An aim of counseling. On the contrary, tati on based on th e functi oning of posed course of acti on. While th e important task fo r future scholarship "[b]y reminding [a client] of long­ the adversary sys tem. When the cli ent is entitled to be fully in fo rmed in legal ethics is to understand how run costs, th e lawyer often deters [the Code resorts to this reasoning to jus­ of all possible legal repercuss ions, a such lawyers' ideals, which are not cli ent] from a course of conduct ti fy parti sa nship in every contex t, lawyer can characteri ze just about refl ected in fo rmal etl1ics codes, are technically permiss ible under ex ist­ however, it overl ooks the observation any advi ce, short of recommending translated into practice. ing law though inconsistent with its made by Fuller that this argument outright that a client break th e law, as underl ying spirit and purpose." does not apply in counse li ng situa­ providing informati on about legal T he drafters of the 1969 ABA tions, where there is no judge, adver­ consequences. PROFESSOR TAN I A ROSTAIN, assoc iate professor of law, adapted this column M odel C ode of Profess ional sa ry, or decision-making process The formal codes promulgated by fro m her article, "Ethics Lost: Limitations Responsibili ty ("the Code") were accessible to the public to arrive at a the ABA do not have m uch to say of Current Approaches to Lawyer awa re of Full er's vision of legal just disposition. about tl1 e etl1ics of counseling. Even Regul ation" (7 1 S. Ca l. L. Rev. 1273 , Sept. 1998). She is completing her sec­ counseling, but equivocated about The Code does acknowl edge that if tl1 ey did, it is doubtful tl1 at the cur­ ond yea r on th e nyls facu lty, where she incorporating it into th e Code. In the roles of advocate and advisor are 'rent regulatory approach to legal teac hes The Legal Profession and contrast to F uller's vi ew, advocacy "essentiall y different," but it fa ils to ethi cs, which focuses on imposing Evidence.

Spring/Summer 2000 9 Center for International Law Symposium goes to Supreme Court

On October 13 and 2 5, 1999, the affecting foreign trade with the dition of loyalty to clients, in the Future of law Center for International Law held Commerce Clause of the US context of MOP) In addition, the symposia on two controversial topics. Constitution and with US obliga­ speakers from England and France profession The first examined state and local tions under the World Trade provided information about MOP in legislation, exemplified by the Organization. They also expressed those countries. underMDP "Burma Law" of the state of differing views on whether the US Considerable controversy ensued Massachusetts, that prohibit imports Supreme Court would grant certio­ during discussions concerning the examined from countries allegedly violating rari in the Bunna Law litigation. As if human rights. The second discussed on cue, some six weeks after the sym­ issues that arise when lawyers join posium, the Court granted certiorari with non-lawyers to combine the in what will be "one of the most practice of law with non-legal activi­ closely watched disputes on the ties-a combination known as multi­ Court's docket this year," according disciplinary practice ("MOP"). to The New York Times . Sydney M. Cone, III, director of the Center and C.V. Starr Professor of The MDP Symposium Law, acted as the moderator of both The next symposium raised the ques­ symposia. tion "Should the American Bar Association (ABA) approve MOP"? The "Burma Law" Symposium The speakers were Martha W. The speakers at the Burma Law sym­ Barnett, the president-elect of the Thomas A. Barnico (l), assistant attorney posium were Thomas A. Barnico, ABA; Jerome J. Shestack, a recent general of the Commonwealth of Massachusetts, and Peter f. Spiro (r), the assistant attorney general of president of the ABA; Bernard Hofstra University School of Law. Massachusetts who has defended the Wolfman, Fessenden professor of law at Harvard Law School; Alison practice of law by the major account­ Crawley, head of professional ethics ing and consulting firms (known as of the Law Society'of England and the Big Five). On the one hand, Wales; David Gordon-Krief, mem­ some speakers called legal practice ber of the governing body of the by the Big Five inevitable, and urged Paris Bar in charge of international the ABA to recommend rules that relations; L. Harold Levinson, pro­ would accommodate this develop­ fessor of law emeritus at Vanderbilt; ment. Other speakers, however, Paul J. Sax, chair of the Tax Section emphasized the need for action of the ABA; and Deborah H. Schenk, designed to protect the core values of MOP Symposium: Prof Sydney Cone, lll, (third from right) welcomed panelists including M&R Grossman professor of taxation the legal profession, and to foster the Martha Barnett, president-elect of the ABA (second from right). at New York University Law School. role of an independent profession in Much of the discussion related the American legal system, "Burma Law" in the federal courts; to the action taken in August 1999 Videotapes of the MOP sympo­ Joel P. Trachtman, professor of in Atlanta by the ABA House of sium can be purchased for $30 each International Law at the Fletcher Delegates, and proposals that may by contacting the Center for School of Law and Diplomacy; Paul confront the House when it meets International Law at (212) 431-2865 R. Dubinsky, associate professor of in July 2000 in New York City. (In or by e-mailing [email protected] law at New York Law School; and Atlanta, by a three-to-one vote, the or by sending a fax request to Peter J. Spiro, associate professor of • House resolved that additional (212) 966-6393. law at Hofstra University. study was required to determine the

The panelists debated the com- public interest, the independence -Reported byThE CENTER patibility of this type of legislation of the legal profession, and its tra- FOR INTERNATIONAL LAW

10 In Brief New York Law School Adjunct Professor Mark F. Dewan participated in th e Bar Exa m" in San Francisco i11 September. a panel on "Sex and Money: T11e Ethics T11ey Didn't Add itionall y, Prof. Grosberg and two Mediation FACULTY Teach in Law School," as part of the Brooklyn Bar Clinic students, Colette Foster-Franck and Stevie Association's CLE program. Prof. DeW an explained Griego, appea red on a cable TV news progra m. NEWS the new provisions of the Code of Profess ional The show profil ed the Insti tu te on Mediation and Responsibili ty, which limit sexual relati ons between Confl ict Resolution, a community dispute reso­ attorn eys and clients . He is senior counsel to the lution center in th e Bronx where clinic students Adjunct Professor Daniel Alterman, th e attorn ey Gri evance Committee for the Second and Eleventh medi ate cases. representing eight peopl e arrested at a candl elight Judicial Districts. NYC vigil for a slain gay college student last year, Professor Karen Gross accepted an invitati on to was quoted in The New York Times, Daily News, Professor Paul Dubinsky gave a presentati on on be a Fell ow of th e Ameri can Coll ege of and Newsday in November. He discussed th e law­ Priva te Intern ati onal Law's Special Commission Bankruptcy. She was appointed adviso r to th e suit accusing NYC and th e pol ice departm ent of on In te rnational Jurisdi cti on to th e Hague Federal Judi cial Center pro jec t on consumer violating constitutional rights. Conference in th e Neth erl ands. He also spoke on debtors. She also was named to th e Consumer "How to Pl an a Career in Intern ati onal Law" at Committee of th e Intern ati onal Federati on of Professor Richard Beck's chapter, "Income Tax NYLS, in October. Insolvency Professionals (INSOL), the largest inter­ Consequences of Divorce and Separa ti on," was nati onal insolvency orga ni za tion in the country. published in the NYS Bar Associati on publica ti on, Professor Annette Gordon-Reed has been Turnaround & Workouts, a major bankruptcy Taxation for the General Practitioner. selected by th e Council of Humanities and th e orga niza tion named her Outstanding Bankruptcy Ameri ca n Studies Department to be an Old Law Professo r fo r 1999 . Sh e also was na med Professor Michael Botein represented NYLS at a Dominion Fellow at Prince ton University wh ere Godrey Distinguished Vi siting Lecturer fo r th e two-d ay meeting of th e Council of Europe's she will teach a course in 2003. Sh e also was spring 2000 semester at th e University of Maine. medi a program in Strasbourg, France, in appointed to th e boa rds of adviso rs for the Papers Additionall y, Prof. Gross was quoted about October. He was th e only non-European member of Thomas Jefferson at Princeton, and for th e children and money manage ment in th e of th e program 's board . His opinion piece, "Fee­ Library of Congress Jefferson exhibit celebra ting November/December 1999 issue of Family Line Ma rket Pressure," whi ch disc ussed potential th e library's 200th anni ve rsa ry. Her essay, Money magazin e. Sh e also gave talks at th e telecom poli cy and antitrust problems with th e "Thomas Jefferso n and th e Boundari es of Southern Distri ct of NY Bankruptcy Court in a SprinUMC I merger appea red in th e Na tional Law America n Civiliza ti ons," will appea r in conjunc­ Matth ew Bender Progra m (see her essay, p. 17) . Joumal, Nov. 1, 1999. The Dutch Institute for ti on with th e exhibit. Anoth er essay appea rs in Informati on Law published hi s chapter, Sally Hemings and Thomas Jefferson: His tory, Professor Jeffrey Haas has been in the medi a fre­ "Auctions and Lotteri es in US Media," in a study Memory and Civic Culture, a coll ecti on of essays qu ently disc ussing legal issues relating to the cor­ on "All oca ting Frequ encies for Broadcasting." on th e post-DNA Jeffersonian landscape, and she pora te implementati on of tracking stock equity also add ed a new author's note to her book (see stru ctures sin ce 1999. He was quoted in Business Adjunct Professor Judith Bresler was elec ted to BookMa rk, p. 13 ). Pro f. Gordon-Reed was on a Week; CFO Magazine; Director's Alert; USA th e Boa rd of Trustees of NYLS and to th e Boa rd conference panel for th e So uthern Historical Today; San Jose Mercu ry Press; Nikkei Business of Directors of th e Philadelphia Voluntee r Society. Additi onall y, she spoke on "South ern Daily; Director's Alert Newsletter; and in The Lawyers for th e Arts. She moderated and served as Slave Law ai1d th e Legacy of Slavery," at th e Bottomline News letter. An AP story fea turing Pro f. th e fea tured panelist at "The Law and Business of Marin ers' Museum, Newport News, VA. On th e Haas ran in ove r 50 publica ti ons aro und th e Art" CLE program sponso red by Philadelphia Arts and Entertainment documentary of th e 100 wo rld . Pro f. Haas' arti cle enti tled "Tracking Volunteer Lawyers for th e Arts. She joined th e mos t influential people of th e mil lennium, she Stocks: What Directors Must Kn ow" was pub­ NYC law firm Cowan, DeBae ts, Abrahams & spoke about Jefferson, Lincoln, and leading Black lished in th e Nov./Dec. 1999 iss ue of The Sheppard as counsel in May. Her arti cle, "Expert Ameri ca ns. Her article, "Blacks and th e Founding Co rporate Boa rd. Art Opinions and Liabilities," was published in Fa th er," was published in the January issue of the Additi onally, he met witl1 offi cials from Japan's th e summer issue of Intemational Fo undation. for William and Mary Quarterly. Sh e was also fea­ Ministry of Finance and Daiwa Securi ties SB Art Research Joumal. Additionally, the Wall Street tured extensive ly in national media in conjunc­ Capital Markets to discuss tl1 e feas ibility of all ow­ Joumal quoted Prof. Bresler about Soth eby's use tion with th e Winter CBS TV movie on Jefferson ing Japanese companies to issue multiple classes of th e "Osca r" image on th e cover of its ca talog and Hemmings. of common stock, including tracking stocks. without appropriate permission. Professor Lawrence Grosberg gave a talk during Professor Faith Kahn spoke at th e Uni versity of Professor Sydney M. Cone, Ill, moderated th e a May 1999 conference of clinical law profe sors Georgia's two-d ay conference on Teaching sympos ium "Should th e ABA Approve MOP: A in Moscow on clinical methodology in th e large Corpora ti on Law in October 1999. She also Disc uss ion and An alysis of Multidisciplinary classroom. He returned to Ru ss ia in June and attend ed an interdisc iplinary conference on "The Practi ce" at the Association of the Bar of the City served as th e clinical legal educa tion specialist for Corpora ti on in Modern Society" at George of New York in October (see story, p. 10). th e ABA Centra l and East Europea n Law Washington University. Sponsored by th e NYLS Center for International Initiative. There he met with law professors and Law, the symposium also featured the past and pre­ gave a number of wo rkshops on clinical educa­ Professor William LaPiana's chapter, "Es tate sent leadership of th e ABA, representatives from tion for th ose teaching at schools in several cities Taxa ti on," was published in the New York State Europea n law societi es, and professors. The sym­ in Russ ia. He gave a talk on "Reform of th e Bar Bar Associa ti on publica ti on, Taxation for the posium was fea tured in Tax No tes. Admi ss ion Process" at a confe rence of th e Society General Practitioner. of Ameri ca n Law Teachers on "Re-Exa mining

Spring/Su mmer 2000 11 Professor Arthur Leonard was quoted in a nation­ Professor Sadiq Reza 's article, "Religion and the Professor Nadine Strossen traveled extensively ally-syndicated Detroit News column concerning Public Defender," was published in the Fordham throughout the fall discuss ing civil liberty issues. the Supreme Court's recent grant of cert in a Urban Law Journal, foll owing the Fordham Appearing as an international expert at the New pending fam ily law case. University School of Law's fa ll symposium on Zealand Bill of Righ ts conference, sponsored by rediscovering the role of religion in the lives of the University of Auckland Law School, she gave Professor Timothy Lytton was quoted m an lawyers and their clients . In October, Prof. Reza the keynote address entitled "Liberty, Equality, October New York Times article concerning law­ participated in an inaugural national conference and Community-Constitutional Rights in suits against the gun industry. His arti cle, of M uslim lawyers and law students at Conflict?" She also addressed the general mem­ "Halberstam v. Daniel and the Uncertain Future Northwestern University School of Law. bership meetings of the New Zealand and of Negligent Marketing C laims Aga inst Firearms Australi an councils for civil liberti es. She se rved Manufacturers," Brooklyn Law Review 68 1(1 998) Professor Edward Samuels published two arti­ on a panel that included US Supreme Court was cited by both the majori ty and dissenting cles, "Rights on the Net: T he Digital M ill ennium Justi ce Antonin Scalia and Canadian Supreme opinions in Merrill v. Navegar, a recent Califo rnia Copyright Act," 17 No. I Cable TV & New C ourt Justi ce Ian Binnie. Prof. Strossen also has Court of Appeals decision allowing shooting vic­ Media Law and Finance I ( 1999); and "Net spoken about internet issues in the US and abroad tims to sue gun manufac tures fo r negligent mar­ Copyright: Limiting Liability of O nline Service in Germany, Belgium and Japan. keting. T he dissenting opinion call ed the article Providers," 17 No. 2 Cabl e TV & New M edia Prof. Strossen is seen frequently in th e "the most thorough and balanced law review arti­ Law and Finance I ( 1999). Two of his articles are nati onal media discuss ing a va ri ety of constitu­ cle on the subject." cited in Gorman and Ginsburg and Brown and tional law and civil liberties issues. This academic Denicola casebooks on copyright law. He also was year, she has appeared on shows including: "60 Professor Carlin Meyer spoke at a conference on quoted in a June 1999 Dow Jones Business News M inutes;" "NBC's N ightly News;" the "Today issues fo r women in the 21st century, parti cularly arti cle, "MasterCard Sues Time Warn er's HBO Show;" "Politically Incorrect;" and ABC's "World on an attempt to substi tute rhetori c of intergen­ Over 'Priceless' Ad Campaign ." News Tonight." She was heard on radio shows eration responsibility fo r that of personal respon­ including Nati onal Public Radio's "Justi ce sibili ty. Professor David Schoenbrod participated in a Talking" and "The Diane Rehm Show." Cato Institu te panel on the "American T rucking Professor Denise C. Morgan appeared on "Like it Association" case in Washington, DC, in June. He Professor Ruti Teitel, the Ernst Stiefel Professor of ls" on WABC-TV in October. She discussed was il paneli st discuss ing delegati on at the Comparati ve Law, wrote a paper, "Vouchsafin g Campaign for Fiscal Equity v. New York State, the American Political Science Associati on's annual D emocracy: O n th e Confluence of current_NYS public sc hool fin ancing litiga ti on on convention in Atl anta in September. In Governmental Duty, Constitutional Rights, and behalf of the Black, Puerto Rican and Hispanic November, Prof. Schoenbrod spoke on delega­ Religious M ission," fo r publication in the No tre Legislati ve Caucus this summer. She conducted tion at the Federalist Society's annual convention Dame Journal of Law, Ethics 6 Public Policy, a civil procedure review session in December fo r about environmental federalism at th e American Issue No. 2, 1999. She spoke about her book, first-year law studen ts in a Practi cing Attorneys for Highway Users Alliance convention in Tra nsitional Justice (see BookMark, p.13), at the Law Students Program. Washington, DC. His letter to the editor on dele­ Seventh Annual Conference on the Individual vs. ga tion and his review of Epstein and O'Halloran's the State, in Budapest, H ungary in May. She also Professor Stephen Newman's article, "Uses of Delegating Powers: A Transaction Cost Po li tics spoke at the American Academy in Berli n, parti c­ Metaphor in Legal Argument," was published in Approach to PolicyMaking Under Separate Powers ipated in Yale Law School's Human Ri ghts the New York Law Journal. appeared in Regulation, 22 Regulation 64 ( 1999). Theory workshop. Additionally, Prof. Teitel reported on Professor Rudolph Peritz wrote "II prodotto di Professor E. Donald Shapiro was a paneli st at a "Possibilities fo r Internati onal and Nati onal marca e ii suo mercato deri vato," an article fo r the November sym posium entitled "Legislating C riminal Prosecution in Cases of Political Itali an journal of antitrust law and economics, 2 Morali ty: The Debate Over Human C loning," T ra nsiti on" at the Internati onal Coll oquium on Mercato, Concorrenza, Regale 195 (1999). hosted by the Journal of Legislation and Public C ri minal Law in Reaction to State C rime, at the Policy at New York University School of Law. His Max Planck Institute for Foreign and Professor Michael Perlin presented a seri es of comments will be published in the Journal of Internati onal C riminal Law, Freiburg im programs fo r th e Yukon Law Society )n Legislation and Public Policy this fall. Breisgau. As part of a select constitutional law dis­ Whitehorse in T he Yukon in May. cuss ion group at Georgetown University Law Prof. Perlin serves as one of an ad hoc group Professor Richard K. Sherwin was part of a round­ School in December, she discussed the "consti­ of law professors and histori ans as amicus cura ie table group fo r defense attorneys at the annual tutional canon." She has contributed a chapter to in th e Fifth C ircuit in support of the govern­ C riminal Practi ce Institute tra ining weekend, Deliberative Democracy and Human Rights (Yale ment's posi ti on in United States v. Emerson. Washington , DC. The paneli sts discussed, inter University Press). Additionally, his articles appeared in many pub­ alia, how the popular media represent trial attor­ li ca tions: the Journal of Forensic Psychology neys and how defense attorneys in particular might Professor Ann Thomas reviewed Linda K. Practice, Contemporary Legal Issues, and interact with mass medi a in a more productive Kerber's new book, No Constitutional Right to be Psychiatric Times. Prof. Perlin was also quoted in way. He organized a panel for the annual Law & Ladies: Women and the Obligation of Citizenship. The New York Times and in terviewed on th e "CBS Society confe rence. His paper at UCLA's annual Her review was published in June on H-Law, the Evening News" on th e relationship between men­ "Visible Evidence" confe rence di sc ussed "How H-Net the Humanities and Social Science tal ill ness and violence, and the abil ity of psychia­ can truth be visually represented; or Can It?" O nline discussion network. trists to predict dangerousness.

12 In Bri ef Publications of New York Law School alumni, alumnae and faculty

Co. v. Tompkins in which Justice Louis D. What happens when the line between reality and Brandeis addressed fundamental constitutional fi ction, reason and desire, fact and fantasy can no issues about lawmaking authori ty in th e US. longer be drawn? How will law continue to fun c­ In his examination of how social and political tion when truth becomes interpretation and real­ developments shaped Bra ndeis's th inking, Prof. ity and fiction can no longer be separated? When Purcell sheds new light on the ways individual Law Goes Pop is an exciting examinati on of legal perspectives and social pressures combine to drive · practice in today's world. the evolution of law.

When Law Goes Pop (C hicago Uni versity Press) by Richard K. WHEN Sherwin . LAW Stocker & Rikoone On Drawing Wills and Trusts by The author argues 11,, , • /,,.-.1_,.. J.,,...J~I...... Jule E. Stockar, Jonathan J. Rikoon , Pamela R. that in a world of new Champine and Janine Ran canell i (Prac tising communication tech­ GOES Law Institute Press). nologies, an unre­ Prof. Pamela Champine is a co-editor of th is strained marketplace pOp 12th edition, which has been revised, reorganized and a pleth ora of post­ Rirhurd K. S1,rwin and updated to refl ect the latest legislative modern ideas, law is and administrative changes in the area of estate increasingly becoming a planning. spectacle, mimicking the style, techniques and Brandeis and the Progressive Constitution: Erie, the visual logic of advertising and public relations. Judicial Power, and the Politics of the Federal Court Prof. Richard Sherwin observes that, ''.As our abil­ in the Twentieth Century by Edward A. Purcell, Jr. ity to manipulate sounds and images for the sake of Professor Edward Purcell takes a historian's view verisimilitude grows, a new anxiety haunts the pop­ · of the Supreme Court case of Erie Railroad ular imagination." His questions are provocative:

Hopes and dreams for girls Professor Nadine Strossen joins Hillary Rodham Clinton, Sandra Day O'Connor and Marian Wright Edelman as they offer advice in The Book ofHopes+ Dreams {or Girls and Young Women: Notable Women Share Their Experiences and Wisdom (Laurel School Publishing, 1999, Christine RUT/ G. TEI TEL Aulicino and JoAnn Deak, Ph.D., Eds.). In her essay, Prof. Strossen stresses: "My hopes and dreams for girls are the same as my hopes for boys, I want all of them-no matter who they are and no mat­ ter what pigeonholes society may put them into (for example, in terms of their race, national ori­ Transitional Justice by Ruti C. Teitel (Oxford gin, religion, sexual orientation, political beliefs, economic circumstances, and so forth)-to have Unive rsity Press, 2000). fair and equal opportunities to learn and to develop their full potential..." Ruti Teitel, the Ernst Stiefel Professor of Comparative Law at New York Law School, exam­ DNA evidence prompts author's note ines tl1e transitions in the 20th century from author­ Professor Annette Gordon-Reed has been writing about the results of the DNA tests regarding Thomas itarianism to democracy in many countries. Prof. Jefferson's ancestors and examines why Jefferson scholars refused to recognize the historical evidence. Teitel addresses current theories of tl1e role of law She added an author's note in the seventh printing of her book Thomas Jefferson and Sally Hemings: in political change and argues that the meaning of An American Controversy (University Pr~ of Virginia). She writes, "Make no mistake, DNA is impor­ justice changes significantly during times of politi­ tant, but the scientific evidence necessarily must be read along with the existing historical evidence. cal transition. Her compelling analysis of constitu­ As it turned out, science and history complement one another perfectly... No one who read the book tional, legislative and judicial responses to political closely before the test results were announced should have been surprised by how it all turned out" turmoil provides the framework with which to chal­ Prof. Gordon-Reed also published a chapter, "The Memories of a Few Negroes: Rescuing lenge prevailing assumptions regarding tl1e law and America's Future at Monticello," in Sally Hemings and Thomas Jefferson, History, Memory and political change. Civic Culture (University Press of Virginia). - DONNA SPALTE R

Spring/Summer 2000 13 11 II Paperless classes are Competent Lawyering I LawrenceM.Grosberg the tip of the iceberg in he challenge for legal educators is to school's curriculum. Simulation of lawyering produce graduates who are compe­ situations is an integral part of law school the 21st century class­ Ttent, efficient and humane lawyers. As pedagogy, both for purposes of demonstrat­ laws and technologies change, that respon­ ing to students how to perform certain tasks, sibility becomes even more important. Over and so that students may perform the tasks room. Faculty members the last quarter of the 20th century, new clin­ themselves. New skills learning texts have ical and lawyering skills teaching method­ been written and refined. Audio-visual tech­ face a brave new world ologies have played a significant role in niques have been developed. Videotaping of meeting that challenge. student performances is now a common fea­ in preparing tomorrow's Knowledge of the law is not enough. Law ture in our clinical course work. Written feed­ students must learn how to analyze the law back from actors who role-play clients or wit­ lawyers. In Brief asked and then effectively apply that analytical work nesses is now used effectively at New York product to the particular situation presented. Law School. We have begun to use interactive some New York Law A client's problem may be fraught with emo­ computerized skills learning programs. All of tional or financial pressures. There may be these teaching techniques will continue to be unusual political, ethical or moral constraints. central to our preparation of students for the School professors about The competent lawyer must know how to put practice of law. those legal and non-legal pieces together in a In the face of enormous change in the use how emerging research way that ~ffectively serves the client. of computers for research, writing and learn­ How can the student be taught to conduct ing, it is doubly important to recognize the tools. and information an effective client interview? What about human element in lawyering. Effective lawyer­ counseling a client as to available options? ing can and should be sensitive lawyering. technologies represent How should a lawyer be trained to conduct an Effective lawyering can and should be efficient effective direct or cross-examination in a trial? lawyering. The continuing role of the clinical new advantages-and And what skills are involved in negotiating on and skills educator is to use new learning behalf of a client and how can they be taught? technologies to produce such humane and These are among the questions addressed by competent lawyers. challenges-to both our clinical and lawyering skills curricula. Clinical legal education is now firmly PROFESSOR LAWRENCE M. GROSBERG, director of the those who teach and Lawyering Skills Center, teaches Lawyering, Alternative established. Opportunities for students to Dispute Resolution, Civil and Human Rights Clinic, and work with real clients under the direct super­ Trial Advocacy, among other courses. those who practice law. vision of faculty are included in every law·

The Power of Words I FromtheWritingProgram

riting was the lifeblood clearly. That will never change. content and tone are appropri­ to communicate-will not oflawyering in the last New York Law School's writ­ ate for the circumstances and change. Lawyers of the 21st cen­ W millennium and will ing philosophy is very simple: for the reader. Above all, it is tury will continue to use the continue to be so in the new there is no such thing as good clear so that the reader can written word to fight injustice, one. Lawyers in all areas of or bad legal writing; there is only understand it. win cases, do deals, and advise practice use the written word good writing or bad writing. The importance of writing in clients. Lawyers must commit to inform, persuade, and Like other good writing, a well­ the legal profession will not be themselves to mastering the explain. Writing is also a think­ written legal document is based diminished by new technolo­ essential skill of writing. It is ing process. It helps lawyers on correct information and gies. While the means of com­ a tool of the trade that is here clarify ideas, organize their sound logic. It effectively com­ munication may undergo dra­ to stay. thoughts, and view problems municates its information and matic change, the basic skill of and their solutions more ideas in an organized way. Its _yVriting-using the written word

14 In Brief Techn(?logy Fosters Trends I Arthurs.Leonard

ew communications technology is ual practitioners make their availability national treaty process, could we envision having a tremendous impact on known on-line, the importance of physical the emergence of a world standard for N the practice of law. In the "Legal borders will diminish, and potential clients accrediting lawyers who would be able to Profession" course I teach, I keep my eyes are unlikely to feel constrained (if they even practice everywhere? That is much furth er focused on professional practice issues. do feel constrained any more) about where off, but seems exceedingly possible in this One emerging trend is the willingness of to find the lawyer they want for their case. · brave new world. courts to allow an increasing amount of Perhaps in this century we will see an their business to be conducted through fax, evolution toward a truly national bar, with PROFESSOR ARTHURS. LEONA RD teaches courses in Contracts, Employment Discri mination Law, Labor e-mail and teleconferencing. The New York the multistate examination and a standard­ Re la tions Law, Sexual Orientation and the Law, State courts are now conducting experi­ ization of other credentials leading t.o one Torts, ~nd Th e Legal Profession. ments with filing certain kinds of docu­ admission process good anywhere in the ments via e-mail. E-mail assures simulta­ country. And, of course, through an inter- neous delivery of the same document to numerous parties. In multiparty litigation, for example, e-mail service of documents makes it possible simultaneously to file a paper with the court and distribute it to all Copyright and the Internet I Edward Samuels counsel on both sides of the case. E-mail also reduces great distances to nothing in here is no doubt that the hot topic in the field of copyright is the Internet, and its impact multidistrict federal litigation. on almost all aspects of copyrighted works. Some Internet watchers claim that the Another emerging trend that the courts Internet is the end of copyright law as we know it; that two-hundred-year old laws are are just beginning to confront is the prob­ T lem of interstate and multistate practice, as now "obsolete"; or that the Internet, designed to withstand nuclear attack, treats regulation exacerbated by two ph_enomena: the emer­ (whether it be copyright or censorship) as a defect and simply routes around it. gence oflarge multistate and international But copyright is not an obsolete set of rules that has remained as it was at the time of the law firms , and the Internet. Until now, Constitution. It's been changing at an ever-accelerating rate in recent years. Composers in the lawyers have accepted the idea that each state determines the qualifications to prac­ 192o's and 193o's, when "free" music on radio was threatening to overturn the market in sound tice law and admits attorneys to practice, recordings, sounded an alarm just as hysterical as that sounded today about the Internet. Yet, and that the federal courts have their own the law adapted to the new market, and composers of music emerged even stronger than they separate system for admission to practice. were before. In the 19801s, some movie producers claimed that the VCR would put them out of Lawyers with multijurisdictional practices have to undertake the laborious task ·of business, and challenged Sony in the courts. Yet, just a few years later, the video market became applying separately for admission in each a larger source of revenue to the movie studios than theatrical release. state where they expect to engage in prac­ Already, Congress has responded to the some ofthe copyright concerns by passing the Digital tice, as well as applying separately to each Millennium Copyright Act. The primary provisions of this massive new law grant special pro­ federal court. Although a system of admis­ sion pro hac vice (for the case only) has tection to technological systems for controlling the access and copying of digital copyrighted emerged, as courts have been stretching works, on the Internet and elsewhere, and for embedding "copyright management information" the definition oflegal practice (especially in in digital versions of copyrighted works so that they can be tracked and accounted for. It's too a recent decision by the California Supreme early to tell exactly how successful this new system of regulation will be; but I think that it's safe Court, the infamous Birbrower case) , it seems that the pro hac vice process may be to say that the problems are not insurmountable. Between the new act and the traditional prin­ inadequate to deal with the complexities of ciples of copyright, there is reason to believe that the law is perfectly capable of dealing with the modern multijurisdictional law practice. At most pressing issues raised by the Internet. the same time, the emergence of the Internet makes the old state jurisdictional PROFESSOR EDWARD SAMUELS teaches courses in Bankruptcy, Commercial Transactions, Contracts, and Copyright and Literary Property. His book, The Illustrated Story ofCopyright, will be published by lines appear even more porous. As law St. Martin's Press in November 2000. firms establish websites and even individ- From Page to Technology's Virtual Stage I Camille Broussard

little more than 20 years ago, lawyers each of the major systems. research world is that Lexis now owns began to incorporate computer­ The Internet has taken its place along­ Shepard's and the service is no longer avail­ Aassisted research into their "tradi­ side Westlaw and Lexis in the law office. able on Westlaw. In response, Westlaw intro­ tional" research strategies. Today, few pro­ The ability to negotiate the World Wide Web duced KeyCite. Lexis has integrated the new jects can be completed without effective must now be added to the practitioner's Shepard's service throughout the Lexis data­ integration of paper and computer based skill set. Lexis and Westlaw remain avail­ base, and West has integrated KeyCite into sources. Many significant changes in elec­ able through proprietary software, but their the Westlaw system. The use of a citation tronic research tools have occurred in the web presence is becoming the dominant service is no longer "just" about updating last few years. Several mergers and acquisi­ one for both companies. They designed the procedural status ofone's case. In fact, tions have presented a major realignment many recent enhancements to the data­ when viewing a case online, you are auto­ of legal publishers and information bases for the web versions only. The future matically alerted to the existence of both providers. Research now requires knowl­ ofWestlaw and Lexis will most assuredly be direct and indirect history. If a point in your edge not only of using a particular system, Internet based . . case has been overruled or reversed, but also of the information sources within One of the biggest changes in the Westlaw uses a red flag and Lexis a stop sign to warn the viewer. More important, they have increased the options for evalu­ ating the treatment of issues by subsequent court rulings expo­ nentially. The researcher can review and group citing cases by various attributes including depth of citation treatment; head­ notes discussed; jurisdiction; and date. Lexis allows a researcher to manipulate case results by per­ forming word searches within the citing case universe. Westlaw provides a Table of Authorities relied on by the case being viewed. Each ofthese citation ser­ vices is becoming increasingly more powerful. The implications for the researcher are quite extra­ ordinary. The resources available and the skills required to success­ fully use them are constantly changing. To help students stay abreast of changes, the Mendik Library offers a full complement of research skills classes. NYLS alums are welcome to attend any of our training sessions sub­ ject only to space availability. For electronic database classes, the Library staff provides a train­ ing password that will be valid for that particular class session.

CAMILLE BROUSSARD is head of Reference Services in the Mendik Library If you have questions about Library classes or if you would like to receive a copy of the current semester's brochure listing class offerings, please feel free to contact Ms. Broussard ([email protected]) . 1J ~lQ)lQ) Thinking abo~t Money

Perspective Karen Gross

In my life as an academic, I have not been a very good prognos­ versa! currency. In an era of globalization, we will need fewer ti cator. I regularl y err in predicting how the Supreme Court will and more stable currencies to increase the world-wide transfer decid e bankruptcy cases and whether Congress will enact new of goods and services. T he Euro is just th e tip of a very large ice­ bankruptcy legislation. However, I can sa fely (I think) make the berg. Moreover, with th e increasing use of the In ternet as a fo ll owing predi ctions about money: We will still have money in means of buying and selling, we need a non-paper based cur­ the Yea r 2100, and money will di ffe r in th e fo nn it takes and the rency. While efforts to develop ecash and ecurrency have not way it is cl istrib.utecl. Let me elaborate. achi eved much populari ty to el ate (indeed, one such suppli er In a market economy such as ours, we will always use and recently fil ed fo r re li ef under C hapter 11 of the Bankruptcy need some fo rm of money. Money is the language of exchange, Code), this will be tl1e wave of tl1e future. O ur money will not and it has been for centuries. It is what fu els our society; it is the be doll ar bills, coins and checks; it will be electronic data entries medium fo r buying and selling; it is the fo undati on upon which tl1 at serve to move value fro m one location to another. Concepts we measure economi c and, frequently, social fa ilure and success. of negotiability and holders-in-due-course (perennial teaching We worry about how to get it; then we worry about how to keep favo ri tes of mine) will become antiquated; instead, we will it, grow it, spend it and repay it. We even worry (from time to develop new bodies of law to govern these new fo rms of money. time) about those who lack it. Money is a language as nuanced T he fo rm money takes begs a much harder and more signif­ as spoken language; it is how we communicate with each other. icant questi on- the question of allocati on and distribution. In Money is as bas ic as foo d, wa ter and shelter; it is also as com­ tl1e US, tl1ere has been a growth of credit availabil ity to segments plex-in terms of its operation, fun ction and meaning-as the of the populati on that previously could not access the market­ most complicated computer or philosophical query. Unless we place. While tl1e credit products are commonly more expensive become a vas tl y different society, money is here to stay. than those ava ilable to otl1 ers, they do open up the market (and However, I beli eve that the phys ical nature of money will hence encourage economic growth) to an increasing number of take a different shape over tl1e next century in several material women and minorities. However, I remain concerned about ways. Today, money in the United States is heavily refl ected in what I suspect will be an in creasing division around the globe paper--cash and checks. Indeed, over 70% of all money tra ns­ among the haves andihe have nots. This is not a happysifnation actions in the US (both in number and doll ar amount) are in tl1at it creates a clear stratification that wil !feet access to edu­ paper-based transacti ons. C hecks alone account fo r 50 o of the cation, healtl1 care, insurance, helter, food and the oss ibility total doll ar va lue of consm er payments and over 30% of the of social mobility. If only the knowledgeable and sophistica ed total number of transactions. Al l of tl1 at is going to change. First, parti cipate in our economy, we arginali ze large segments f credit cards and their more contenJporary but still not as popu­ society. If money is our language, there may be wl ole segmen lar cousins--debit cards and stored value cards-will increase of society tliat cannot speak and wi I not be hea rd . From my pe - in use. Recently, there has been an effort to create a virtual credit spective, l at potential sil ence should be of great oncern. card for Inter et use. Second, we will see new types of 1y oney-.

types that may presently appear to be eitlier politicallyf r tech­ P ROFESSO R REN GROSS is th e auth or of Fa ilure an'c/ Forgiveness: nologically unrea listic. We will in creasingly move to some uni- Rebalancing he Bankniptcy System (Yale University Pres ).

EARLY IN J ANUARY I SAT AT MY COMPUTER AND REFLECTED ABOUT MY ASSOCIATION WITH NEW YORK LAW SCHOO-L. THIS WAS

PROMPTED BY TJ-IE EDITOR OF IN BRIEF ASKING ME TO WRITE

A FEW WORDS FOR THIS ISSUE. THIS IN TURN WAS PROMPTED

BY MY DECISION LAST YEAR TO RETIRE FROM THE DEANSHIP-BUT NOT FROM

MY PROFESSORSHIP-IN JULY 2000. HERE IS SOME OF WHAT PASSED

THROUGH MY MIND AND ONTO THE SCREEN.

first direct acquaintance with New York Law School too~ place in the fall of1985.Jim Simon MY was then dean, and he asked me if I would serve as the first John Marsha~ Harlan Visiting Professor. I had just concluded a ten-year stint as dean at Yale, was eager to get away from the place, but needed to remain in what I then thought of as the greater New Haven area. Ah, what I didn't know about the world!

I had a wonderful year teaching and getting to know the faculty. One of the courses I taught was Labor

Law. Some of the students in the course had had extensive experience in collective bargaining, and I learned as much from them as they did from me. I have been teaching for many years, and I assure you that this is an unusual experience. And the faculty was so interesting. Some were fairly new to teaching, but they were seasoned as lawyers. They cared passio nately about their students (as did their

senior colleagues) and had important research and writing projects that we talked about at co n -

siderable length. What a pleasure to have served as a trustee of Shortly after I returned to Yale, Dean Simon asked me New York Law School with Harry Wellington, our dean and academic leader. Harry has all the to join the Board of Trustees. I was delighted to continue attributes of a great lawyer and teacher taking the most complex issues and making them a formal relationship with the School; and it gave me great totally comprehensible. We will miss Harry's leadership and judg­ pleasure to participate in its development. ment, and I am very grateful that he will remain When Dean Simo n decided to leave the deanship, on the faculty and on the Board of Trustees to give both the students and the Board the some members of the Board and the faculty asked me if I benefit of his wide knowledge and experience.

-ARTHUR N . ABBEY '59, CHAIRMAN, would b e dean. I said no, and when they asked me why I NEW YORK L AW SCHOOL BOARD OF TRUSTEES told them that being a tenured professor at Yale Law

School was the next best thing to being born rich. But as

I thought about the opportunity ~o help this place that I had co me to love, I changed my mind.

I took over fromJim inJuly 1992.

It has been a wonderful eight years. H ow could it n o t

be? I have, after all, had the opportunity to preside over

this extraordinary place. Ours is a quintessential yet unique

lower Manhattan institution. NYLS offers so many a chance

that they would never otherwise have to advance themselves

in a world where society's ligament is law and where a

knowledge of its anatomy is an aid to success in such diverse

...... ,. . ... re, ...... o ccupatio ns as pro ­ Dea n v¼llington welco med Hon. Ruth Bader Ginsberg, associatej ustice oft he Supreme Court, when th e NYLS Dean Wellington has had a major impact on ducing m ovies and Law Review honored her in 1999. New York Law Sc~ool. During the course of his tenure, he has enhanced the image and reputa­ running insurance companies. tion of New York Law School by putting together and overseeing a first-rate faculty , I am proud of much that has happened at our School which is both respected and admired by the in the last several years. We have added new centers of study entire legal community. -DAVID W . SHIPPER '82, PRESIDEN T, and service and new faculty of pro mise and achievement. NYLS ALUMNI ASSOCIATION -m_...... , ...... Our curriculum is rich, and our student p o pulatio n is

20 In Bri ef •• >: • ...... ~~~~1 diverse and talented. My greatest pleasure has been work­

Working with Harry Wellington has been a true ing with the people of New York Law School: the dedicated pleasure. He is wise, even handed, even tem­ pered and fully experienced. Never intimidated and supportive staff of this place, and especially my assis­ by the continual surprises of faculty imagination nor baffled by the meanderings of a diverse tant, Maria Del Bagno; my associate deans who manage board, his sense of humor carries through every with grace under stress; the committed faculty; the ener­ discussion and problem analysis. He has greatly enhanced the stature of New York Law School in getic students; the wise and hardworking Board of Trustees the country, and has set a very high standard for those of us who are privileged to continue in and the engaging and delightful members of the Alumni service to the school. Association. I am fortunate indeed that these relationships - LAWRENCE S. HUNTINGTON ' 6 4, C H AIRMAN AND CEO , FIDUC IARY TRUST INTE RNATIONAL MEMBER, NYLS BOARD OF TRUSTEES do not end with the deanship. They ~ill r~main. Their

~umt"«rill "' •"'"' ·•...... ,...... ,, .. .. . 1, .. ~ nature will change, of course, but their importance for me

will not diminish. And what a pleasure it will be to return

to the life of the mind.

- HARRY WELLINGTON

Presiding at Commencement, 1997, Dean v¼?llington with Lawrence Huntington '64, (1), chairman of th e Board of Trustees, and Hon. Har!Y r Edwards, (r ), chiefjudge, US Court of Appeals, District ofC olum bia Circuit. Reflections of a longtime colleague Ellen Ryerson

arly one afternoon in February School. I couldn't imagine why he would 1975, I was studying in the cafete­ In a quiet and unassuming way. Harry call me to his office. Eria of the Yale Law School. I was Wellington has provided New York Law I had time to think about this while he putting up with the distractions of loud School with a gentle and rare touch of class. met briefly with a student who had been Guided by a high regard for decency and civil­ lunchtime conversation in exchange for waiting for him. As I sat in the hall outside ity. Harry has truly led by example. While the opportunity to smoke, which I then his office, I had a painful recollection of many organiz_ations are driven today by what considered a necessary element of reading how mystifying the first-term Torts exam is expedient or financially advantageous. and writing. I was struggling to stay focused had been. First-term grades had not been Harry•s decision-making process is heavily when Harry Wellington, Sterling steeped in the notion of "doing the right posted, but they would be shortly. It took Professor of Law and Dean-designate, thing!" As a leader. Harry focuses on creating me only a few minutes to conclude that and guiding a team. In doing so. he employs Professor Wellington had been deputized an almost indiscernible tether. But he amazes to tell me that I had failed Torts and would in how he always knows just when he needs to have to withdraw. In fact, he offered me a ~ighten the guide rope. to reign things in or job in his new administration. simply to lead. These are among the reasons Harry was then, as he is now, the kind why my five years at NYLS have been so per­ of boss who helped his associates to sonally rewarding. Those who know Harry develop their strengths, just as long as they recognize that he is a bit shy and self-effacing. choosing to comfortably sit by the side rather exercised those strengths in deference to than bask in the spotlight. In public he is the primacy of the faculty. But as happy as often a man of few words. possessed with a I was to work for him at Yale Law School, \few York Law School $/116 ,000.00 j wonderment that students and alumni are so I did so for only three years before mov­ lundred and Sixtee n Thousand and 00/100 oou.,, cHAS E interested in meeting and talking with him. In 1 ing to the Yale Provost' s Office. Harry

,,,rj (t"I I "f Ultl(YIJ" SrJ<•1'sl~• f f1d private he is tireless in his willingness and abil­ 1 11 111 and I saw each other only a few times a 11 · u o 1 • 1: "rrY - ' "'" j ity to educate. advise and entertain. Those fortunate enough to get to know Harry are 1996 Alumni Association Luncheon. quickly drawn to him and are instantly loyal. It becomes easy to seek his counsel and to tapped me on the shoulder. He wanted to be guided by it.

see me in his office. -FRED DEJOHN , ASSOCIATE DEAN OF Even then, 25 years ago, Harry FINANCE AND ADMINISTRATION Wellington looked as if he had been sent ...... -@_ ...... by Central 9asting to play the role of Dean: silver haired and tweedy, hand­ some, and - if memory serves - a pipe smoker. I was on leave that year from Amherst College, where I taught history. I was not a "real" law student, but I had a fellowship to ·take courses as if I were, exams and all. Harry Wellington had been my Constitutional Law teacher in the first semester; we had talked a few times outside of class about, among other things, my career and reasons for b~ing at Yale Law On the bench atthe 1995 Froessel Competition.

22 In Brief ···························.. ·•ml···········.... ·...... Harry Wellington is one of the true giants of American law in the past half century. His writings on legal process, though more modest in tone than those of Hart and Sacks and Alexander Bickel, push the quest further and have a subtlety about them that makes them especially wonderful. As a dean, both at Yale and New York Law School, he has been a model to all of us. The people he brought to the Yale Law School faculty are today's legal superstars. And he has been equally signifi­ cant in his leadership at New York Law School. But, despite all of these accomplishments, it is Harry as a teacher that I value most. Whether in the classroom or as a senior colleague, it was Harry, the mentor, who influenced, inspired and cajoled to scholarship people as different from each other (to name just four) as Professors Ronald Dworkin and Duncan Kennedy, ·Chief Judge Ralph K. Winter, and me. As a scholar, teacher and dean, Harry has always been the very best that there is. May his retirement as dean of New York Law School be just a step to some new and equally significant achievements in the law.

-HON. GUIDO CALABRESI , US COURJ" O F APPEALS OF THE S ECOND CIRC U IT ...... f@l ....., • •.••.., . .. ,...... year for the next 13 years, during which he served a second five-year term as dean, and I became a "real" law student, finish­ ing myJD in 1987. On one of those occa­ sions, toward the end of 1991, Harry invited me to lunch. He wanted to talk about a decision he faced, the decision whether to become dean of New York Law School. It sur­ prised me that he would even consider leaving Yale, which seemed so completely his home. But as he talked about New York Law School, it became clear that he really wanted to do this, that the place had

(continued on page 26) DEAN WELLINGTON'S FRIENDS AND COLLEAGUES REMINISCE

I vividly recall the first time I heard Harry cerned, especially our students. Just as Harry It was a great privilege and pleasure to be Wellington speak - on a panel of distinguished inspired me before he became our dean, he at New York Law School under Harry's dean­ law school deans, at Harvard Law School, in will always continue to do so after he no ship, because there was such support and 1986. Harry was then at Yale and I was at New longer holds that position. encouragement for scholarly endeavors that York University, so I never dreamt that I would -NADINE STROSSEN, PROFESSOR OF required commitment and a sustained have the opportunity to work with him in a LAW AND PRESIDENT OF THE ACLU effort. His guidance is most evident in the dean/faculty relationship. Yet I never forgot extraordinary numbers of books published his inspired - and inspiring - vision of legal It's hard to focus on any single contribution. within his term at the school. Under his lead­ education. He advocated a dynamic role for Harry Wellington has touched every part of the ership, an impressive and diverse group of law schools, linking intellectual inquiry to the New York Law School community. There is the scholars both visited and joined the faculty. pursuit of justice. Years later, after I had dramatically improved physical plant, the Harry's positive influence on the school will joined the NYLS faculty, I was delighted to enhanced faculty, a wonderful staff, and the be felt long after he steps down in the help recruit Harry as our dean so that we more active Alumni Association. I give him credit school's second century. could pursue his grand conception of legal for all of it. But most of all, he brought us all - RUTI G. TEITEL, ERNST STIEFEL education here. My own experience illustrates together in a unique way. He inspired us. He PROFESSOR OF COMPARATIVE L AW how Harry has fostered an integrative shaped us for our future. Harry Wellington won't approach to scholarship and lawyering, law say "good-bye" to us; he'll say "carpe diem." His reputation was legendary, with almost a and justice. He has facilitated my dual roles as -KATHLEEN GRIMM '80, NEW YORK STATE mythical quality to it. So it was always shock­ both teacher/scholar and human rights DEPUTY COMPTROLLER FOR NYC, ADJUNCT ing to see him in the halls or on the street and PROFESSOR OF LAW, NYLS activist in ways that are enriching for all con- be greeted with such a warm smile. Dean

Harry H. Wellington became president, dean, and professor of law at the New York Law School on July l, 1992. On that date, he also was made a Sterling Professor Emeritus of Law at Yale University. Born in New Haven, Dean Wellington received his undergraduate degree from the University of Pennsylvania and his law degree from Harvard. Subsequently, he served as law clerk to U.S. CircuitJudge Calvert Magruder and later to Supreme CourtJustice Felix Frankfurter. After teaching for a year at the Stanford Law School in 1956, Dean Wellington joined the Yale Law School faculty as assistant professor oflaw. He was promoted to associate professor in 1957, to full professor in 1960, to the Phelps chair in 1967 and to Sterling Professor in 1983. He was dean of the Yale Law School fromJuly l, 1975 to June 30, 1985. After working in the area of contracts, Dean Wellington moved into labor law. In recent years, h e has turned increasingly to constitutional law and legal theory and has lectured at numerous institutions in the U.S. and abroad. During his career, he has written many articles and books. His books are: Contracts and Contract Remedies (The Foundation Press, 1957, with Harold Shephard), Labor Law (The Foundation Press, 1968, with Clyde Summers), Labor and the Legal Process (Yale University Press, 1968), The Unions and the Cities (The Brookings Institution, 1971, with Ralph Winter), and Interpreting the Constitution: The Supreme Court and the Process ofAdjudication (Yale University Press, 1991). While at Yale, Dean Wellington served as a consultant to domestic and foreign government agencies and commissions and was actively involved in bar association committees concerned with law reform. Among his many activities, he served as "review person" in a settlement Wellington knew so many of our names and enriche d the inte llectual e nvironme nt. His by, myself included. I have been continually even about our backgrounds. I believe he tra nsition to full -time faculty wi ll be smoot h awed by the intellect of this un assuming man really saw us as "his students." and seamless. I we lcome him as the good col­ and a maze d at the stature of the many pe r­ - N ANCY L EE GILLER '97, league he has always been. sons who have cl aim ed him as a fri e nd or PRESIDENT AND COO, D IRECTV JAPAN - R OBERT BLECKER, PROFESSOR OF LAW sought his advice . These will truly be the good ye ars now: to follow schola rly inte re sts, t o Harry Wellington is a person of integrity and Harry Wellington has the capacity to see the t each our students, to arbit rate a few meaty decency, and those values have been at the best in people. That capacity is no little thing cases, to enjoy a glass or t wo of fine wine - core of his leadership of the school. He has as human beings go. It is a great thing for a and to have himself a good, lo ng laugh! encouraged us to believe in ourselves, and to dean. Harry has seen the strength of each - MARIA D EL B AG NO, laugh at ourselves on occasion. As a commu­ individual on the faculty and in his own calm, A SS ISTANT TO TH E D EAN nity of teachers and students, of professionals de liberate way, has figured out how to marry and future professionals, we have all learned that strength to the needs of the sch ool. Th e O ver the last eight years, I have admired from his example. whole school has benefited from his leade r­ Harry's w armth and wisdom, his ability to - CAROL A . BUCKLER, PROFESSOR OF LAW ship, which has been a leadership from keep things calm and focused, and his res pect strength. for the judgement of others. It w as been a In word and in deed, Harry Wellington was a - DAVID SCHOENBROD, PROFESSOR OF LAW pl easure to be a member of Harry 's adminis­ colleague devoted to learning first, and trative t eam. administration second. He took a most active It's been quite an experience working with - JOAN FISHMAN , A SSOC IATE D EAN FOR part in the academic life of the institution, Dean Wellington during his tenure here, and SPECIAL PROJECTS more so than any dean I have ever known. He one that, looking back, I would not have ·······-··... ······· ...... ,.. .~ ...... ,...... believed that the faculty is the policy-making wanted to miss. Harry has managed not to be heart of the institution and proved it with his too frazzled by the unpredictable nature of the constant focus on the educational mission at business of the Dean's Office nor by the cast New York Law School. He significantly of characters he's found himself surrounded

between ITT and the SEC concerning ITT's questionable overseas payments, and as the neutral mod­ erator of a group of major insurance com panies and producers of asbestos products. T hese compa­ nies are the defendants in thousands of product liability cases. He has negotiated a settlement between the insurance companies and the producers regarding issues of insurance coverage. He serves as an arbitrator in insurance coverage disputes between the Electric Mutual Insurance Company and GE regarding Super Fund clean up responsibilities. Dean Wellington h as been a Ford and Guggenhei m Fellow, a senior fellow of the Brookings Institu tion, a visiting membei: of th e faculties of the London Sch ool of Economics, Oxford University, New York Law Sch ool , University of California at Berkeley and Stanford University. He has been on th e faculty of the Salzburg Seminar in American Institutions and a sch olar at the Rockefeller Fou ndation Center in Beliagio. He h as served as a m ember of the Board of Overseers of the Faculty of Arts and Sciences at the University of Pennsylvania, and has been a member of the Board of Governors of Yale University Press and Chair of its Committee on Publications, and has taught in the Aspen lnstitute's Executive Seminar Program. Dean Wellington is admitted to the bar of the District of Columbia and is a member of the American Bar Association, the Connecticu t Bar Association and the Association of th e Bar of the C ity of New York. T h e American Law Institute and the American Academy of Arts and Sciences are som e of the other organizations to which he belongs. Dean Wellington is a trustee of New York Law School, a member of Common Cause, a mem­ ber of the Executive Committee of the Center for Public Resources, a member of the National and Connecticut Panels of Neutrals for Alternative Dispute Resolution and a member of the panel of mediators of United States Arbitration & Med iation of Connecticut. He is a fellow of the Jonathan Edwards College, a member of the Clockwise from top right: At Yale Law School, 1975; With Otto ¾iilter, speaker Prof Rosajyn Higgins Elizabethan C lub, the Yale C lub of NYC and the and Prof Lung-chu Chen at the Otto ¾iilter Fellow Lecture, 1995; "\½th Prof Ruti Teitel and Ernst Stiefel at the 6th Annual Stiefel 0'mposium, 1996; With Kathleen Grimm 'Bo at the Alumni Centu ry Association. Luncheon, !2000; "\½th Prof Lenni Benson, who is married to John l#llington; "\½th (/ - r) son, Dean Wellington is married to the former Sheila John, gra ndso n Max and wife, Sheila. Wac.ks, who is the president of Catalyst. They have two sons.John and T h omas. Reflections of longtime colleague Ellen Ryerson (continuedfr ompage 24)

captured his imagination. It seemed that ...... fID·······...... Harry has also created here a relationship the very privilege and security ofYale Law Harry Wellington's reputation as an intellec­ with his associates in the administration that School - and, perhaps, though I don't tual and a legal scholar preceded him, but has given us the greatest scope possible - claim that he actually said this, its ten­ what I was not quite prepared for was his and, therefore, the incentive - to serve the dency toward smugness - had generated warmth and the laughter we came to share; institution. Harry typically hangs back as we in him the desire to lead an institution his genuine love for family; his respect for discuss an issue, waiting until he has heard individuals; and his commitment to diversity, where people were not quite so satisfied whatever useful things we may have to say. both in the wo"rkplace and in life. He is one of with things as they were, and where his He supports us when he can; disagrees when those rare people whose principles translate experience and involvement might help he must, but always gently and respectfully. into actions.

them achieve what they sought. - BARBARA l. LESHINSKY, ASSOCIATE DEAN Regularly, and sometimes in surprising Harry's deanship of New York Law FOR INSTITUTIONAL ADVANCEMENT ways, he deepens our understanding of the School has not, however, differed in its ...... _ ... ,...... ~ ...... ·-·····...... work we share with him. It has been my privilege these last eight years to have an office across the hall from Harry and to be able to pop in on him without notice, with yet another conun­ drum, large o r small. I am astonished at how quickly and easily he grasps complex and delicate situations and assesses their possible outcomes. We have disagreements that are by now laughably predictable, but Harry has never shown the impatience that he probably feels with my stubbornly held views. In fact, I always feel better for hav­ Prof E. Donald Shapiro,thejoseph Solomon Distinguished ProfessorandNYLSDean, 1973-83 ing talked something over with Harry, (above, left), Prof James F. Simon, Martin Professor whether we reach the same conclusion or andNrLlDean, 1983-92. Commencement, 199 9. not. And in addition to the gift of his most fundamental characteristic from his institutional wisdom, on almost any occa­ deanship ofYale. His animating belief at ...... ro1 ...... sion he may bestow the benefit of his both places has been in the centrality and extensive experience as a book-reader, The amazing thing about Harry Wellington is primacy of the faculty, as the singularly not the number of his achievements nor the theatergoer, gastronome, and general critical resource of any school. This scope of his intellect (although these are both man about town. determined where he put his energies. He enormou~): it is that he is such a kind. gener­ Harry Hillel Wellington is an exemplar has been a tireless participant in the ous, end enjoyable human being. He could of the humane virtues - a man of great process of recruiting new teachers and have easily been the opposite. Over the past learning and integrity and of uncommon scholars to New York Law School. He has 17 years (I was his first library liaison when he decency. I hope that the next phase of his visited at NYLS in 1983). I have come to rely b een a wise and temperate participant in life provides not only the rewards that may not only upon his impeccable judgement and determinations of faculty promotions and be predicted from his record of teaching, experience, but a}so his sense of humor, his tenure. In a characteristic expression of writing, and deaning, but other rewards, tolerance for dissent and his high moral con­ his respect for the faculty, early in his science. It has been a wonderful working, as too, ones that he has not begun to expect. tenure at New York Law School he well as personal, experience. ELLEN RYERSON will leave New York Law School at the p resided over a radical reduction in the -PROF. JOYCE SALTALAMACHIA, PROFESSOR end of the 1999-2000 academic year to become deputy Dean's then uniquely powerful role in OF LAW AND DIRECTOR, MENDIK LIBRARY dean of the Graduate School ofArts and Sciences at Yale University. She has served with Dean Wellington as making these crucial decisions...... m, ...... associate dean ofAca demic Affairs at NYLS since 1992.

26 In Brief New York Law School PROFILES

ACHIEVING LIFE-LONG GOALS

Sadiq Reza and Pamela Champine Instead of telling students what to Aftermanx now bring their professional experi­ think, he says he emphasizes learn­ years of ence to New York Law School class­ ing how to think logically, precisely rooms as assoc iate professors, and and creatively. practicing they love it! "I wa nt students to have an ''I've always wa nted to teach," understanding of the skills needed as law two new explains Professor Sadiq Reza. "I am a lawyer and where to apply them­ energized by the process of constant which is just about anywhere." professors are learning and the possibili ty of shar­ After nine years of working in pri­ ing insights with students, oth er vate practice and serving as principal realizing a members of the academic commu­ attorney of the NYS Surrogate Court, nity, and society." Pamela Champine also is excited to long-held goal­ Following a federal clerkship for join the NYLS faculty this semester in Judge Stanl ey A. Weigel, Prof. Reza her first full-time teaching position. teaching law. worked as a public defender in the "From the time I was in practice, Distri ct of Columbia for four years. I knew that I wa nted to teach," says There he tri ed cas~s and argued th e newest fa cul ty member, who appeals on behalf of indigent crimi­ received her JD from Northwestern nal defendants. He also worked in oc University and an LLM in Taxation might volunteer to participate in pro­ for two years as an associate at the law from New York University. grams that provide estate planning firm of Arnold & Porter. In addition to her practice, Prof. for people living with AIDS. Prof. Reza came to NYLS to begin Champine has written several arti­ Her ultimate goal? "When th e teaching last fall . That se mes ter he cles and co-authored Stocker 6 students have graduated and have taught Criminal Procedure: Rikoone on Drawing Wills and Trusts passed the bar and are working in the Investiga tion. He is teaching a sec­ (see Bookmark, p. 13). She also has real world, I want them to refl ect on tion of criminal law, a required first taught legal writing at Brookl yn Law my classes and fe el that th ey have yea r course, this se mester. The School. really learned something," she says. Harvard Law School graduate find s Students in her Wills, Trusts and "In addition, when lawyers meet his new position exhilarating but Future Interests cl ass this semester a NYLS graduate, in court or any tremendously challenging. are benefiting not only from her gen­ professional situation, I want them to "Teaching is hard, and teaching uine love for the subject matter, but say th at he or she was 'a worthy well is even hard er. I really must from her experience at the NYS opponent."' come to class at the top of my game," Surrogate's Court. says Prof. Reza. "New York Law "I hope to bring a New York flavor - D ONNA SPALTER School students are well prepared to my class, one gained only by work­ and have high expectations." ing with banks, the IRS courts and Prof. Reza has taught English as a not-for-profit orga nizations serving Fellow at the American University in individuals in the New York area," Cairo, Egypt imd he taught a class in Prof. Champi_ne says. "I would like Modem Middle East and Religion of students to see how the principl es Islam as a fellow at Harvard where he they are learning can be applied in a was awarded a Certificate of wide-range of contexts." For exam­ Distinction iri Teaching. ple, she explained that law students

Spring/Summer 2000 27 New York Law School PROFILES

A TASTE OF -SUCCESS-FAMILY STYLE

While at NYLS, Capetola had a Grand Hotel in Las Vegas and in Fromhis summer internship at the Nassau Washington DC. County District Attorney's office and How does he keep tabs on this far­ beginnings in loved it. Immediately after passing flung empire? "Fortunately, my wife the bar, he served in the same office Susan and two of my girls are in the a1raditional for two years. It was the beginning of business, and Michelle, who's fol­ a 30-year practice of criminal law. lowed in my footsteps at NYLS, will be Italian family to Following the DA's office, Capetola joining the business soon. And it's a joined a private law firm; he also good thing because in the next five his current started flexing some very powerful years I expect to open six or seven status asan business muscles. more restaurants in casino/resort "It was one thing after another," areas." entrepreneur he recalls. "I just loved starting busi­ When asked to reflect about his nesses. I got into real estate, car many careers and interests, Capetola extraordinaire, washes, and finally, I fulfilled a life­ responds quickly. "I feel as though Anthony Capetola '70 with his daughter long dream-I had always seen I've packed 50 years of work into my Anthony Michelle Capetola '00. myself as a restauranteur, and in 30 years of law, so I haven't had 1978 I created 'Sail Harbor,' a cater­ much time to enjoy it; with the Capetola This 1970 NYLS alumnus grew up in ing establishment that's still going restaurants, I feel that I have the time Jersey City, New Jersey in a tradi­ strong today." to savor the whole process of creating isasfudyin tional Italian family. He was moti­ In 1985, Capetola added matri­ something, nurturing it and seeing it how to succeed vated to attend law school by his monial law to his criminal practice, grow. And of course, having my kids admiration for a friend's father who "although," he remarks wryly, "many involved is a pleasure I never could in business was a lawyer, and in 1967, he entered people say they're the same thing." have imagined." New York Law School. Three years Ten years later, Capetola bought Capetola pauses, and then adds, by really trying! later, he graduated, becoming the Carltun on the Park, an elegant "For me, it all started 30 years ago at first member of his family to become restaurant set in the midst of New York Law School, and it's a spe­ a professional. Eisenhower Park in East Meadow, cial thrill that one of my kids has "Now," Capetola notes, "among Long Island. chosen the School as well. If you my nieces and nephews there are One of the ways in which know anything about Italians, you three or four doctors and three Anthony Capetola acknowledges his know we don't forget our roots. The lawyers." An American success story? gratitude for his NYLS legal education School will always have a special "Maybe," he says, "although the story is by hosting the annual Long Island place in my heart." is far from over." alumni/ae reception at Carltun on the Park. The newest Capetola -DIANA LEO restaurant is the Temple Bar at Caesar's Palace in Atlantic City and openings are imminent at the MGM

28 In Brief ALUMNI motions News of the New York Law School Alumni Associatio n

Present and future alumnae honored at annual luncheon "It has been my great privilege to serve New York Law School," said Kathleen Grimm '80. Ms. Grimm was the recipient of th e Judge Charles W. Froessel Award at the Annual Alumni Luncheon Moot Court alumnilae caught up with Gerald Lebovits, advisor and at The Pierre in January. "I urge adiunct professor. all of you to join me as we help NYLS grow in the new millen­ Moot Court.Memories catch up with their Moot Court nium," she sa id. }foot Court Association mem­ partners and to hear first-hand Hon. Mark Green, public bers-both past and present­ how the tradition of Moot advocate for the City of New York gathered at a warm and enthusi­ Court continues at NYLS. was the guest speaker. astic reception that filled the A fall event for Moot Court Hon . Mark Green and Meida Powery '00 was pre­ Wellington Conference.Center alumni/ae is planned. Kathleen Grimm '80 sented the Justice William with memories and appreciation Kapelman Memorial Award for of competition and camaraderie. Minority Alumni/ae Gather being named "best oralist" in the The reception, hosted by the Giving back was the theme for fall Charles Froessel Moot Court Alumni Association, drew over the evening at the minority recep­ Competition. 125 alums, students an_? faculty tion held in February at the The luncheon concluded members. Wellington Conference Center. with a raffle drawing. Guest Professor Gerald Lebovits, More than 60 alumni/ae, stu­ Sidney Rossuff won a visit to long-time advisor to the Moot dents and friends gathered to Club Med, the grand prize. Court Association, received an reconnect with colleagues, meet JoAnn O'Rourke '96 won the ovation for his dedication and administration and to learn more second prize, a weekend-for-two involvement since 1992. He about ways to support NYLS. at The Pierre. spoke about the challenge of the Telesforo de! Valle, Jr. '82 Moot Court experience and how welcomed all and introduced Alumni Association Officers it inspires him as a member of Dean Designate Richard A. and Board Members Named the NYLS community. Matasar, who emphasized the New officers and board mem­ Professor Nadine Strossen important role alumni/ae play in bers were elected to the Alumni spoke of her dedication to Moot a successful institution and Association Board in December. Court and how much students offered examples of how to sup­ Charles Balistreri '77, for­ learn from it. She has been instru­ port NYLS (see story, p.3). merly director, is now treasurer; n:ental in attracting many illus­ "If you know of a fellow alum and Michael Gaschler '89, for­ trious jurors to the competitions, who needs a position and you merly treasurer now serves as including US Supreme Court know of someone with a position vice president. Newly elected to Justices Antonin Scalia and to fill , make the phone call," Mr. the Board as directors are Clarence Thomas. Matasar urged. Daniel Dobkin '92 and Cirino Alumni/ae expressed appre­ Bruno '74. ciation for this special chance to MORE ALUMNI MOTIONS 0

Spring/Summer 2000 29 ALUMNI motions

Hon. Alton R. Waldon, Jr. The spring phonathon is '73, judge, New York State scheduled for March. To partici­ Court of Claims, was the guest pate e-mail [email protected] or speaker. After a wonderful trib­ call 212-431-2800. ute to Barbara, his wife of 37 years, he also spoke of the Take me out to the old importance of mentorship and ball game ... networking. Alumni/ae from the Baltimore and oc areas and the NYLS Phonathon volunteers Alumni Affairs staff did just that! The Holiday party (l tor) Heather D. Wiltshire-Clement '99 raise scholarship funds They took themselves to the f uan Agueda '99 and Geraldine E. Hernandez '99 The harmonic echoes of "as a beautifully renovated Oriole fellow alum, I'm calling . .. " or Park at Camden Yards baseball Candlelight in the Park 'Tis the season "good evening I'm a student at stadium for the Baltimore The elegant and festively lit Picture this quintessential NYC New York Law School. .. " and Orioles and New York Yankees' Carltun on the Park 111 scene: Displays of MatchBox "thank you very much .. ." filled game on a muggy but memo­ Eisenhower Park shone again as cars, stuffed animals, Barbie dolls, the air of the Wellington rable day in September. the ideal location for the Long and toy trains circling a Conference Center for two Joining the crowd were two Island Alumni reception in Christmas tree. Was it FAO weeks in November. More than members of the Alumni October. Schwartz during the holidays? 20 first-and second-year students Association Board of Directors, Dean Wellington and No, it was Manhattan's famous and Alumni Association Board Herbert McDevitt '61, and David Shipper '82, president of Toy Building where the elegant members gathered to participate Kathleen Dussault '84. Others the Alumni Association, 200 Fifth Club made the perfect in the annual fall phonathon. included: Virginia Ramadan '84, greeted m~re than 7 5 venue for the last NYLS Alumni Their determination gar­ NYLS adjunct professor; Laurie alumni/ae who enjoyed wonder­ Association holiday party of the nered n~arly $40,000 111 Dorf, director of alumni affairs; ful conversation and an elabo­ millennium. pledges, all to support scholar­ and Gwen Greenberg, assistant rate array of international culi­ Dean Wellington, Board of ships. Thanks to all volunteers director of alumni affairs. nary delights. Trustees Chair Arthur Abbey '59 for your hard work, and thanks Located only two blocks from We thank Anthony and Alumni President David to all who have made contribu­ Babe Ruth's birthplace, Camden Capetola '70 who generously Shipper '82 joined more than tions this year. Yard was the ideal setting for 35 donated dinner-for-four at 120 alumni/ae for good conversa­ NYLS alums to watch the game, Carltun on the Park to anyone tion, a luscious buffet and Y2K network, catch up 1 th old friends contributing $1,000 to NYLS. anticipation. The music of Miles and classmates, and to cheer as Neal Goldstein '89 accepted Davis and Nat King Cole min­ New York Law School's name the offer. Thank you, Neal, and gled with laughter and lightheart­ appeared on the scoreboard hon appetit! edness as alums kicked off the before 44,000 people. Gathering at Mr. season in NYLS holiday style. Although Maryland alurnni/ae Capetola's beautiful restaurant did indeed "root, root, root" for the has become an NYLS alumni/ae their home team, the final score tradition, with more Long was 9-5, Yankees. It was -just Island grads attending each Interested in volunteering? another win for the Yankees on year. Next year, the guest list is If you are interested in serving their way to the victory parade sure to increase by one: Mr. on the Alumni Association (which passed by NYLS in October) Capetola's daughter Michele Board, please contact Laurie as the World Champions of the Capetola '00 will officially join Dorf, director of alumni old ball game. the ranks of NYLS alums. (see affairs, at 212-431-2808. Profile, p.28)

30 In Brief ClASS ACTION

1,400 independent telephone com­ cle, "Animals in the Apartment: A 1930s panies in the us. As a corporate attor­ Landlord's Pet Peeve," in the New Richard S. Woodman '38, who still ney, he also managed regulatory York Law Journal, Sept. 29, 1999. practices law, is president of the issues and tax matters for AT&r. Mitchel Perkiel '74 of Park City, Central New York Abstract Corp. Paul Bennett Marrow '69 was UT, was admitted to the Utah bar in appointed member of the Regents December 1999. 1950s Review Committee. Murray H. Ocko '51 retired as gen­ 1975 eral counsel to Pioneer Savings Bank. 1970 David Friedman '75, a Justice of the Earle H. Grossman '53, a resi­ Bruce Gaylord '70 wrote "Web­ Supreme Court, !9ngs County, was Lorraine Miller '68, a NYC dent of Woodmere, NY, retired from Linking Agreements," which appointed to the Appellate Division, Supreme Court Justice, has professional practice on July 31, appeared in The Computer Law First Department, in March. been elected as a fellow of the 1999, after 46 years of service. Strategist in April. NY Bar Foundation "in recogni­ Patricia Donlevy-Rosen '75, of Emanuel Silkiss '56 is retired, tion ofoutstanding achievement Donlevy-Rosen & Rosen, presented but is still very active in the NYC legal and dedication to the profes­ on "Asset Protection Plann ing with and enforcement fields. sion." Election of Fellows is llin­ 1972 Offshore Trusts" to the North Joseph M. Lauria '72 became NYC ited to a maximum of one per­ Dade/So~th Broward Estate Planning Family Court's administrative judge, cent of the NYC Bar Association Council of Florida, the Florida Gold 1960s in charge of 42 judges who receive membership in each judicial Irwin Kaplan '62 was elected presi­ about 270,000 new cases a year. He Coast Alumni Chapter of Alpha district During her 23 years on dent of the Society of Labor presided over the case of. an Arizona Kappa Psi, in Palm Beach County, the bench, more than 300 of her Relations Professionals, Washington, couple charged with child abuse for FL, and at the 1999 NCACPA New decisions have been published. DC chapter for 1999. slapping th eir two young adopted Horizons conference in Greensboro, Judge Miller was awarded a Joseph D. O'Neill '67 was the Russian daughters NC. Ms. Donlevy-Rosen discussed the plaque in recognition of her ser­ moderator and a lecturer in an August topic in an interview with the South vice as former chair of the seminar, "Million Dollar Tips From Florida Business Joumal. Advisory Council of the Housing Million Dollar Advocates," in Mt. 1974 Mark S. Tepper '75 and James S. Court for the City of New York. Laurel, NJ. He also wrote "Getting George M. Heymann '74 was re­ Scherling '7 5 have 'been practicing A large part of her doctoral thesis Cases, Keeping Them, and Enhancing appointed in 1996 as judge of the NYC law together in Livingston, NJ, since project at NnS was devoted to Your Awards," published by the New Housing Court. He published an arti- March I, 1985. discussing legislation that would Jersey Institute for Continuing Legal create the Council. Education (August 1999). William V. Catucci '68 was appointed executive vice president of Equifux's North American Information 1976 Services Group. Formerly president Robert A. Burstein '76, a partner of and chief executive officer of Rand Rosenzweig Smith Radley UnitellAT&r Canada Long Distance Gordon & Burstein, chaired a con­ Services, he served on the Equifax ference on "Law in the Millennium" Canada Board of Directors and later at State University of NY in Albany. on the Advisory Council. Michael Held '76 and Deborah In his 37-year career with AT&r, OnTopoftheWorld Held '76 of Oyster Bay Cove, NY, Mr. Catucci served as vice-president Judge Frederic S. Berman 'SI (third from left) continued his annual write how proud they are of their of new business development, and Valentine's Day tradition and married 40 adventurous couples from four children who are all in college led the company's expansion in acros., the globe. The wedding ceremony marathon at the World Trade and growing up fast. Mr. Held works Canada and Alaska . Previously, he Center's 107th floor obseivatory began at 5:30 a.m. Judge Berman, an· for Michael Roger Press. served as vice-president of adjunct profeuor at NILS, is a retired acting NY State Supreme Court Philip J. Michaels '76 became a Government Affairs and also handled justice in charge of jury selections in the civil division. partner in the NYC office of Fulbright AT&r's relationships with more than & Jaworski, specializing in trusts and

Spring/Summer 2000 31 Robert E. Spitalnick '78 wrote, Lawyer's Quarterly. His chapter on Superior Court in San Diego, CA. "Overview of Amendments to 1997 cross-examination of obstetrical He presides over small claims, traffic Child Support Standards Act," for the medical experts will be published by and misdemeanor cases. Mr. New York Law foumal. Mr. Spitalnick, Matthew Bender. Weathers served as judge pro tern who concentrates in the areas of mat­ John Tomasso '80 relocated to since 1995 and also has been a rimonial and family law, is a solo prac­ Dallas, TX to become vice president deputy public defender of San titioner in Great Neck, NY. of legal/tax law at a $1.5 billion dis­ Diego County. He also has taught as Gary Weil '78 is enjoying his tribution company of electrical parts an ad junct professor of law at 19th year as a senior trial attorney and supplies. California Western School of Law. with the Bronx District Attorney's Jonah Trie~'79received the Office. He lives in Forest Hills, NY, AFL-cm's George Meany Award in with his wife and three children October 1999 at the annual con­ 1981 1982 Lavey, Aaron and Tsvi . Paul T. Hofmann '81 wrote "An Clement A. Berard '82 is a senior asso­ vention of the Public Employees Analytical Framework for Maritime Federation at the Rochester Civic ciate with Dann Dorfman Herrell & Preemption Cases Involving Wrong­ Skillman, an intellectual property bou­ Center in Rochester, NY. The 1979 ful Death Damages-The Legacy of tique law firm, in Philadelphia. Mr. Award is presented to adult union Eileen Bryant '79 leads the Torts Miles, Yamaha, Amtrak, and Others," members who have made a signjf:. Berard's patent work is primarily in elec­ Unit of the Attorney General's an article published in the spring icant contribution to the youth trical, computer, medical, communi­ Claims Bureau in Albany. 1999 issue of Tulane Maritime Law of their community through cation and mechanical technologies, Laurie H. Hutzler '79 spent last foumal , (Vol. 23:2 ). Mr. Hofmann scouting. Mr. Tri~r, an~ and also includes trademark and copy­ fall as a staff writer for the Pax televi­ was invited to act as a maritime law tant scoutmamer, is chief shop stew­ right. He was previously an associate sion network's Chicken Soup for the legal advisor to the us Delegation to ard ofDEc's Region 3 New Paltz general counsel in the intellectual prop­ Soul. In fall '99 she taught a course the proposed Hague Convention on o~~ and serves as secretary erty law department of Lockheed on Adaptation at the UCLA film International Jurisdiction and the of Division 169 of the Public Martin Corporation and the predeces­ school's graduate level Independent Effects of Judgments in Civil and Employees Federation represent­ sor departments of General Electric Producer's program. Commercial Matters, in the Hague ing Professional, Scientific and Company and RCA Corporation. Robert J. McDonald '79 was in October. His firm, Cappiello Technical employees of the Richard K Lewis '82 was the attor­ elected a NYS Supreme Court Justice Hofmann & Katz, is located in NYC. NY State Department of ney-of-record in a medical malpractice in November 1999. For the last eight Louise S. Horowitz '81, who Environmental Conservation. He action, settled in 1999 for $900,000. He years he was a NYS Civil Court Judge in practices commercial litigation and resides in Red Hook with his wife is a solo practitioner, concentrating in Queens County. For the last four related business-counseling con­ Ellen and two children, Thomas matrimonial matters, in Brooklyn, of those years, he was as an acting tracts, is representing a new high­ and Alison. where he lives with his wife Guadalupe, Supreme Court justice presiding in the tech telecommunications company. and two children, Jeremy and Jason. Queens Court House, Long Island City. Theodore M. Weathers '81 was Evans C. Reitman-Swiss '82 is estates. In addition, he became a first­ He is married to Joanne T. Haberlin '90. appointed Commissioner of the volunteer mediator for the 8th time adjunct professor at NYLS for Marilyn A. Miller '79 hired a new Florida Circuit, in the victim­ spring 2000, teaching a class in estate associate; her firm is now Miller & offender and small claims depart­ administration. Greeley, specializing in divorce law. ment. He also offers mediation and Robert W. Wien '76 was pro­ moted to senior managing director of arbitration services to the legal com­ Investment Banking for Josephthal & 1980 munity and the general public. Co., Inc. in May. Grace S. Fleischman '80 became a Eric S. Weiss '82 is a partner at grandmother on April 22, 1998, with Tuchman, Katz, Schwartz, Gelles, the birth of Robert Evans Fleischman. Komgold & Weiss. This is his second 1977 Gary S. Graifman '80, 'partner in year as chairman of the Tax Certioari Joseph I. Rosenbaum '77 has joined Kantrowitz, Goldhamer & and Condemnation Committee of the NY office of Greenberg Traurig as Graifman, designed the firm 's new Marc Z Kramer '80, who joined the Bar Association of the City of NY. head of the electronic commerce website, KGGlaw.com. The New York Times in May He also is a director of the Tax practice. Matthew Klimczak '80 is the 1998, was promoted to vice pres­ Review Bar Association, and a mem­ officer in charge of Peerless ident of production and labor ber of the Real Estate Board of New Insurance Surety & Fidelity, bond relations. Prior to joining the York's tax policy committee. 1978 department, in Keene, NH. Times, he served as vice presi­ David R. Zukerman '82 spent Abraham S. Altheim '78 is a senior · David S. Pollack '80 relocated dent and general counsel at The the past few yea rs trying to get NYC to partner of Newman Fitch Altheim his offices to Port Washington,NY, Daily News, was a labor associate resolve a property tax matter, now in Myers. The tort defense firm has where he concentrates in plaintiffs at of Proskauer Rose Goetz & its 15th year, closing more than $50 relocated to 14 Wall St., NYC. medical malpractice. Mr. Pollack Mendelsohn, and was deputy million in arrears that are spurious. Robert F. Belluscio '78 has a has lectured for the NY State Trial general counsel and general He frequently writes for local media web site providing pages of free infor­ Lawyers Institute on evidence, and counsel at the NYC Mayor's and commented on the New York mation on Immigration Law at www. his course materials were published Office of Labor Relations .. Senate race in the Times Union, IL W.comlbelluscio. in the June 1999 issue of Trial Albany, December 2, 1999.

32 In Brief investment advisor. Jeff has been in necti on with permits and licenses. Mr. 1983 the life insurance business for 26 years. Groezinger is also counsel to NY Senator Martin P. Levin '83, a NYLS ad junct Mark Garscia '84 was made part­ Serphin R. Maltese (R-Queens). profes.sor of publishing law for 12 yea rs, ner at Christi e Parker & Kale, spe­ received the American Association of cializing in intellectual property in Publishers' Curtis G. Benjamin Award Pasadena, CA. for creative publishing in April. Since Eileen D. Stier '84 formed a Eliot Engel '87 is a us Congres­ his retirement as president and CEO of partn ership with Sandra Busell in sman, representing the 17th District the Times Mirror Book Group in Great Neck, NY. The firm concen­ of NY. 1983, he has been counsel to Cowan, trates in elder law, estates and trusts, Carmen Fernandez '87 and Liebowitz and Labnan, specializing in and transportation law. Cynthia Wolpert '89 received a Steve Goldman '84 were marri ed on publishing law, and mergers and Joseph Torres '84 opened his 1999 Orison S. Marden Award September 1, 1991. Carm en has acquisitions in the publishing industry. new office in Oviedo, FL. for outstan~ing service and worked with Steve's firm , Goldman Robert W. Littleton '83 wrote, Charles E. Valliere '84 became dedication at The Legal Aid & Goldman, since 1986. "Quali fying Experts After Kumho director of the Indianapolis law firm Society's Annual Meeting on Maureen T. O'Rourke '87 has Tires," which was published in the of Sommer & Barnard in August. He October 26. Ms. Wolpert, who joined Rosenman & Colin as special July/August issue of th e NYS Bar is chair-elect of the taxation section is now managing attorney, counsel in the land use and zoning Journal. In May, Mr. Littleton gave a of th e Indiana State Bar Assoc iation . began her 17-year career in the group. PL! Corporate Compliance Society's Criminal Appeals Patricia Anne Taylor-Butler '87 Seminar. He gave lectures on crisis Bureau as a paralegal. She con­ was admitted to the Bar of th e us management and cost effective liti­ 1985 tinued to work full-time while Supreme Court. ga tion management at the University James G. Bilello '85 became man­ attending law school. of Pennsylvania Law School last fall. aging attorney for Leito's Staff Paul Rosenberg '83 is counsel at Counsel in Brooklyn and th e usoc 1988 Edwards & Angell in Short Hills, NJ. for the Eastern and Southern District. Gambino fumily and tl1e Sicilian Mafia. Sylvia Gail Kinard '88 marri ed The firm concentrates in the areas of ·cornelius M. Courtney '85 Larry Schachner '85 was appointed William C. Thompson, Jr. , president taxation, estate planning and admin­ became senior counsel at th e New housing court judge of the Civil Court of th e NYC Board of Education, on istration, and busin ess law. York Stock Exchange's Office of of the City of NY in September. September 19, 1999. General Counsel in September l 999~ Bernice Siegal '85 was appointed Christopher J. Morse '88 is the co­ Lila E. Kirton '85 was appointed counsel to NYC Council member author of Constitutional Law for 1984 assistant attorney general in charge of Sheldon Sheffler (Eastern Queens). Criminal l ustice Professionals, published Jeffrey Eichner '84 passed his Series legal re cruitment by Ni's Attorney by Looseleaf Law Publishing, Inc. 65 examination to become a registered General Eliot Spitzer. She has been Denise Pursley '88 was with the Queens County District 1986 appointed counsel to th e newly office since 1990, working in th e Robert R Groezinger '86 expanded his named New Hampshire based firm Criminal Prosecutions Bureau. civil litigation practice to include Nixon Peabody. She and her hus­ Lisa Catucci Manning '85 and appearances before the NYS Liquor band Glenn recentl y announced tl1 e husband John are excited about Authority (and local ABC boards) in con- birth of son Christopher Glenn. purchasing a new house in Larchmont, NY. "How we met? Have I got a story for you!" Contest extended! Patricia Speake Martin '85 and husband, David, proudly announce Diel you meet your spouse or significant other at NYLS? the birth of their third daughter, E-mail inbrie/@nyls.edu or write to In Brief, NYLS, 57 Worth St., ew York, NY 10013 and share your story with all of us by June 15 . The top tl1ree stories will Patrick W. Curry '89, a partner Jillian Elizabeth, on June 23, 1999. receive wonderful prizes. Winners will be announced in tl1 e full issue of In Brief in the general practice firm of Their two older daughters are Rosenthal & Curry, was named Meredith, 8, and Alyssa, 5. pro borw attorney for the month Andrew C. McCarthy '85 was of March by the Volunteer hired by the us Attorney's Office in Lawyers Project. He has Manhattan where he took charge of the donated more than 218 hours to racketeering trial of the accused Mafia the VLP. Curry, a member of the leader John Cotti. Mr. McCarthy was N:mau County Bar ~iation the lead prosecutor in the 1995 convic­ (NCBA) and its matrimonial tions of Sheik Omar Abdel Rahman committee, served as president and nine other men for conspiring to of the East Meadow Chamber launch a campaign of bombings and of Commerce in 1996. After assassinations in the NY area. He was also serving he was given the presti­ an assistant prosecutor in the "Pizza gious Kaiser Award-the highest Connection" drug trafficking trial in honor in NY District Kiwanis. 1987. He led the prosecution in several trials of accused members of the

Spring/Summer 2000 33 producer of the critically acclaimed 1990 Off-Broadway production, "The Michael Arce '90 of Patterson, NY, is Countess," where she played tJie role a trial attorney with Corpina, of Lady Eastlake. In July, 1999, Piergrossi, Overzat and Klar. Ms. Sturges presented a NYSBA Joanne Haberlin '90 became the Continuing Legal Education program director of risk management for the on intellectual property in Hershey, PA. New York C ity Health and Hospital Corporation at the Elmhurst Hospital Center in Queens County. 1994 Darlene Prescott '90 was She was formerly a medical mal­ Roy Lee Evans '98 joined the Alan J. Field '94 and his wife Sharon promoted from associate legal practice defense attorney at Bartlett, staff of Computer Information have a daughter, Leah Ra chel, born officer to legal officer in the McDonagh, Bastone & Monahan Technology at Prudential on October 27, 1998. United Nations Office of Legal and before tJ,at at Bower & Gardner. in Roseland, NY where he nego­ Eric J. Gottfried '94 formed the Affairs, in July 1999. Her most Deborah Hartnett '90 became tiates software licensing and firm of Lefkowicz & Gottfried with recent article, "UN Efforts at counsel at Paul, Weiss, Rifkind, consulting agreements with Mark I. Lefkowi cz. Combating Contemporary Wharton & Garrison. She practices outside vendors. Steven E. Rosenbaum '94 became Slavery," appeared in the ABA's in the areas of entertainment law an associate at Brand, Brand & Burke International Law News (Summer and intellectual property. focused on his work at Shelter Our and manages its disability practice. '98). Ms. Prescott is working on a Theodore Kasapis '90, former Sisters, a battered-women's shelter, book about UN peacekeeping. aide to Speaker of tJ, e NYC Council where he helps abused foreign Peter Vallone, was elected to tJ, e NYC women become legal immigrants. 1995 School Board in his district. Richard Klass '92 and his wife, Mia Dell '95 and husband Steven Stacey, announce tJi e birtJ, of daugh­ Bosak moved to Washington, DC, 1989 ter Sophia Anna on May 5, 1999. where she is th e senior legislative Jo Ann Jawidzik Brighton '89 was 1991 Kerri Lechtrecker McCabe '92 ass istant to Congresswoman Nydia made partner at N ixon Pea body. She Jeffrey J. Fessler '91 marri ed Jennifer and her husband Andrew welcomed Velazques (D-NY). has published three arti cles: "A Guterman, an executive recruiter, th eir first child, Katelyn Anne Sheila Duffy '95 and husband Primer for Using the Bankruptcy on April 10, 1999. McCabe. Ms. McCabe, an ass istant Marty are proud to announce the Code in Analyz ing Whether a John T. Livingstone '91 became a distri ct attorney in Suffolk County, is birth of son MJ in January 1999. Payment Constitutes a Preference in parb1er of Pricewaterhouse Coopers in assigned to tJ, e Appeals Bureau. Mark R. Scheibner '95 th e Context of an Insurance July. He works in tJ, e firm's tax depart­ Lawrence R. Lonergan '92 mar­ announces tJ, e birth of his daughter, Rehabilitation/Liquidation Case," ment in Detroit, Ml, where he special­ ri ed Karen O'Conner on September Hannah Rose, on July 12, 1999. Mealey 's Litigation Report, Insurance izes in international taxation law. 26, 1998. They have a new home in Andrew Stein '95 and wife Insolvency, July 21, 1999; "Rewriting Scott Wiss '91 and his wife are Verona, NJ, and announce the arrival Arlene announce tJie arri val of tJ1 eir a Debtor's Tax History Under tJ, e proud to announce the birth of th eir of son Christopher, on July 31, 1999. first child, Brandon, in January 1999. Code," American Bankruptcy second so n, James, born on Mr. Lonergan has opened a solo prac­ Mr. Stein develops electronic-forms Institute Journal (July/August 1999); Valentine's Day, 1999. Mr. Wiss has tice in NYC. products for Matthew Bender and is "What is the Appropriate Statute of opened his own firm in Manhattan. David Parks '92 and Ida Parks a faculty member at Molloy Coll ege. Limitations under Section 723(a) '92 announced tJie birth of daughter of . the US Bankruptcy Code?" Marissa Slone Parks. She joins 3 1/2- Commercial Law League Journal 1992 yea r-old brotJier Jordan. 1996 (Fall 1999). She was on tJ,e faculty of Sharon Braunstein '92 marri ed Ellen Donoghue Freemond '96 two New Hampshire Bar Association Edward Kessel on December 6, 1998. married Bob Stem on May 28, 1999, seminars in 1999. Kathleen B. Einhorn '92 and her 1993 and moved to Rye, NY. Frank Levin '89 was named vice­ husband, Kenneth, proudly announce Michael Cifelli '93 became an asso­ Brian Gotlieb '96 was elected to presid ent of employee relations at tJie birth of tJ1 eir first child, Kenneth cia te with the law firm of Hardin, a seat on Community School Board The Interpublic Group of H. Einhorn, rv, on August 2, 1999. Kundla, McKean, Poletto & 21. The district covers 30 schools in Companies, one of tJi e largest adver­ Marie-Anne Greenberg '92 and Polifron i. the Brighton Beach, Coney Island, ti sing holding companies in the William Greenberg '92 welcome Susan F. Friedman '93 is an Gravesend, Benso nhurst, and world . Prior to his appointment, M r. son Steven Paul, born April 25, 1999. ass istant vice president and counsel Sheepshead Bay sections. Levin was counsel in the company's William Jannace '92 wrote, "sEC for Marsh, Inc. Carole Gottesman De Pinto '96 law department. proposes major changes to '33 Act Leatha J. Sturges '93 was a panelist and husband are proud to announce Daniel S. Wassmer '89 was Rules," published in the STC in January discussing "Professionalism the birtl, of twins Amanda and admitted to the NJ Bar; he is also a Compliance Digest (Spring 1999). and Unprofessionalism on the Nicholas, on May 28, 1999. member of the NY, PA, and CT Bars. He was also a panel parti cipant in a Big Screen" in a program sponsored by Fiorella Massey '96 and her hus­ Additionally, M r. Wassmer worked CLE panel on securities regul ation. tJie NYS Bar Association's Committee band, Frederic, proudly announce on a successful reelecti on bid of the Hani Khoury '92 was profiled in on Attorney Professionalism and tJie th e birth of their daughter, Flavia incumbent Republican County tJ1 e Sunday Record, Hackensack, NJ, Entertainment, Arts and Sp.orts Law Valentina, born October 1, 1999. Commiss ioners of Bucks County, PA. November 14, 1999. The article Section. She also was th e associate Jennifer K. Siegel '96 published

34 In Brief Where are New York Law School grads now?

3

2

Canada 7 , ,, England 12 .® France 4 South Korea 3 • Germany Spain ':-. Hong Kong 5 Sudan Israel 4 Taiwan *US possessions & territories • Data according to NYlS alumni records, March 2000,

"Ethics Laws for Municipal Counsel for th e City of NY. Crestwood, NY. They resid e in (ABA) Section of Business Law. Officials Within New York City" in Melissa E. Osborne '97 of East Fairfield, er. Nominated by NYLS's professor the fa ll 1999 inaugural issue of the Greenbush, NY joined Whiteman Robert Blecker, th e paper focused NYSBA Government, Law and Policy Osterman & Hanna, in October on the difficulties encountered by Journal. She is assoc iate counsel 1999. She works in th e firm's envi­ 1999 fami ly court judges confronted with with the Legal Advice Unit of th e ronmental and litigation depart­ Charles J. Zangara '99, of the task of valuing and distributing NYC Conflicts of Interest Board. ment. Previously, she was a law clerk Milltown, NJ, received third prize for novel forms of property-such as to th e NY State Court of Appeals, a a paper, "Di vi;i rce Courts and unvested executive stock options and legal intern for the NYC Commission Corporate Finance: Irreconcilable restricted stock-in divorce pro­ 1997 on Human Rights, and a legislative Differences? Executive Compensa­ ceedings. Mr. Zangara works as staff Lisa D'Ateno '97 recently joined intern to th en NY Assemblyman tion and the Search for Equitable attorney for the Argus Research the NYS Department of Insurance Jerrold Nadler. Definitions of Marital Property," in Corporation in NY. Liquidation Bureau as an in-house the 1998-99 Annual Mendes attorney. Hershman Student Writing Contest Felicity Fridman '97 is a mem­ 1998 of the American Bar Association ber of Lehman Brothers' team of William M. Brown '98 left Kaye fixed income securities lawyers. Scholer to become patent counsel Kimberly Klein '97 married to Taro Pharmaceuticals, USA, Inc., David Klein on June 12, 1999. Hawthorne, NY. E-mail your news! Matthew Kol mes '97, a general Jason M. Butler '98 joined the We look forward to hearing from Sorry, we can't accept items by practice attorney, also concentrates litiga ti on group at Sullivan & you! Send In Briefyournews to keep phone, but do call if you have on employment discrimination cases. Cromwell. He also completed a your classmates current on your any questions before submitting Steven C. Levy '97 was pro­ clerkship with the Honorable Judge whereabouts and assist all alumni/ae (212-431-2800). Photos (black & . moted to senioLtax consultant in the Ariel Rodriguez, Superior Court of in networking and staying in touch. white or color head/ shouldeis or . tax federal specialty services group at NJ, Appellate Division. passport-type shots) are accepted E-mail to Editor Yvonne Hudson or with items mailed to: Ernst & Young, IN. He recently cele­ Andrew M. Csaszar '98 became Assistant Editor Donna Spalter at brated his first wedding anniversary. an associate with McElroy, Deutsch [email protected]. Iri Brief/Class Action Stephen Nahley '97 married & Mulvaney in September, 1999. Fax is our next best means to hear New York Law School from you: 212-406-0103. Susa n Dubin on September 7, Suzanne Melnyk Tripp '98 57WorthSt New York, NY 10013-2960 1999. He moved to the commercial married James Tripp on October 8, and real estate division of Corporate 1999, at Annunciation Church in

Spring/Summer 2000 35 ~ MEMORIAM

Alumni & Alumnae between politi cal parti es. Mr. Orenstein was appointed to th e away on February 2, 2000. Arthur H. Amon, Jr. '5 1 passed away Edward N. FitzPatrick '67 di ed di strict court bench in 1978 to fill a Maxwell M. Seiden '31 of Nove mber 12, 1999. of a hea rt attack at the age of 59 on vacancy and was then elected to a Stamford, CT, died at the age of 91 Robert K. Berenson '62 of January 7, 2000. Mr. Fitzpatrick was full six-yea r term . on February 7, 2000. Specializing in Hartsdale, NY di ed on Jan uary 24, editor-in-chi ef of the New York Law A Buckn ell University alumnus, commercial, personal inju ry and real 2000. Mr. Berenson, a managing Foru.m during his fin al yea r at NYLS. Mr. Orenstein served as a first li eu­ estate law, he practi ced law in partner at Berenson & Company in He was ass istant prosecutor for tenant in the US Army. Wh il e at Yonkers, NY (1932-90). During NYC, received a BS from The Berge n Coun ty (1969-70). After serv­ NYLS, he was assoc iate editor of th e World War II, he was a quali ty assur­ Wharton School, Un ive rsity of ing as an assoc iate at Clapp & New York Law Forum. Mr. ance inspector on th e Avenger Pennsylvani a. He was vice-pre ident Eisenberg ( 1970-95), he co-founded Orenstein later received an LL.M Torpedo Bomber program at a ( 1998-99) and a board member of DeCotiis, FitzPatrick, and Gluck in from ew York Unive rsity School of Tarrytown , NY, automobile assembly the NYS Society of Certifi ed Public Tea neck, NJ. Law, served as assistant district attor­ plant converted for wartime use. Accountants. A vo lunteer to the Big As mayo r of All endale, NJ (1975- ney fo r Nassau Coun ty for 11 yea rs, Leonard L. Steinman '53 di ed Brothers/Big Sisters of NYC, he cre­ 83), Mr. Fitzpatrick was well known and was appointed an ass istant state last yea r, according to updated ated its an nual Accou ntants and for preserving th e town's suburban attorney ge neral. Mr. Orenstein reco rds at NYLS. Bankers even t. and rural charac ter. received state and national recogni­ Richard A. Walsh '59, a resident Richard Burkhart '49 passed Lance M. Freed '74 of ti on for his arguments and litigating of Island Heights, J, since 1968, away on Jan uary 9, 2000 in Yero Scarsdale, NY di ed on January 6, ability. passed away on Jan uary 27, 2000. He Beach, FL. He was 76. A 2000, at the age of 54. He is survi ved Anthony L. Piazza '53 passed was a fo rm er partner of Bonomo, Connecticut native and US Navy vet­ by hi s wife Liz, children Lyndsay, away on October I, 1999 at hi home Ravitz and Walsh, retiring in 1995 . era n, Mr. Burkhart owned and oper­ Lauren and Zach, his mother and a in Avo n, NJ. He was 75. As a NYC Mr. Walsh was ass istant corporation ated Burkhart Motors in Waterbury. brother. ass istant distri ct attorney assigned to counsel, Newark, NJ (196 1-62), a NJ Simon Cohen '29 of NYC di ed S. David Fri edman '95, of th e Waterfron t Commiss ion, he depu ty public defender (1971-72), on December 19, 1999. He prac­ Ways id e, J passed away on pro ec uted orga ni zed crime mem­ and a borough attorney for Island ticed law before becoming a success­ December 17, 1999,attheageof 34, bers and corrupt leaders of th e Heights. He also se rved as captain in fu l entrepreneur. at Ri verview Medical Center in Red Internati onal Longshoreman's th e Army Reserves. Frederick R. Colgan '50, a Bank, NJ. A graduate of Tulane Assoc iation . He th en worked for US Milton Warshaw '67 a res ident native of Monticell o, NY, died at the University, he was a contributing edi­ Customs Service, becoming the dis­ of NYC and an attorney with age of 77 on January 14, 2000. After tor of th e New York Law School trict director of Philadelphia in Warshaw Burstein Cohen passed serving in th e US Army during Journal of Human Rights. charge of seven international ports . away in January. World War II, he worked as a NYC Oscar Ginsberg '28, a survivor of Mr. Pia zza is survived by wife Mary, David H. Weidler '89 passed detective, then joi ned th e CIA as an th e 1906 San Francisco fire and children David , Blaise, Guy, Paul away on July 4, 1999. intell igence officer stati oned in New ea rthquake, di ed last yea r at th e age and Mary, and seven grandchildren. York, Washington, and throughout of 95. Mr. Ginsberg was a fo rm er Mark Alan Pliskow '76 di ed on Faculty & Friends As ia. Upon retirement from editor of The New York Times. September 5, 1999, at th e age of 48. Joel Martel, former NYLS professor Customs Service afte r 21 years, he Christopher E. Henry '8 5 of Former Brookl yn deputy di strict ( 1976-82), died February 2000. He became a sen ior policy advisor in th e New York C ity di ed of a stroke on attorney, Mr. Pliskow had hi s own joined the School as an assistant pro­ Service's Office of Congressional December 21, 1999. Mr. Henry had practice as a criminal defense attor­ fessor and was promoted to assoc iate Affairs. se rved as eve ning vice-president of ney. He is survived by hi s parents professor in 1979. Isid ore Dollinger '28, forme r the NYLS Studen t Bar Assoc iation Jan ice and Morris, wife Stacie, and Irving Passon Berelson passed co ngressma n (D-B ronx), district (1983-84). sons, Adam and Benjamin. away on December 5, 1999. He was atto rn ey and state supreme court William J. Leahy '52 passed Thomas Joseph Reynolds Jr. '50 a retired seni or partner of Parker, judge (1st judicial district, 1968-75) away on February 13, 1998. di ed at th e age of 83 on September Chapin, Flattau and Klimpl, an advi­ from White Pl ains, NY, passed away Carolyn Lehrberg Metzger ~38 21, 1999, Rockport, ME . He was a so ry director of th e Metropolitan on January 30, 2000 at the age of of White Pl ain s, NY, di ed on Treasury agent prior to his service in Opera, and president emeritus of th e 96. A grad uate of New York December 1, 1999. Her late hus­ th e Army Air Corp during World League for the Hard of Hearing. Mr. University as we ll as NYLS, he band Lawrence was a member of the War II. Mr. Reynolds later served as Berelson was responsibl e for th e became a representative of the 23rd Clas of 1937. an attorney with th e chi ef counsel's Albert Parker Scholarship at NYLS Congressional District ( 1949-59). Jules E. Orenstein '58, fo rm er office of th e US Treasury until hi s and was a moving force behind th e Mr. Dollinge r was known for his di stri ct co urt judge of th e Nassau retirement in 197 1. es tablishment of th e Albert Parker devotion to constituent service and County District Court, passed away Jacob P. Rosenbaum '29, of Reading Room in th e Mendik hi s ability to reconcil e differences on Janua ry 18, 2000 at th e age of 66. Solomon & Rosenbaum, NY, passed Library.

36 In Brief AFRIENDO~

"QUOTE COUSIN LEARNED, BLIT FOLLOW UNCLE GUS."

aird Voorhis laughs as he remembers the family saying about two of the 20th century's most illustrious jurists, his cousin, Learned Hand Band his great-uncle, Augustus Noble Hand. Mr. Voorhis continues, "I think they influenced my father Peter in his decision to attend New York Law School after his discharge from the Navy." "Education was always revered in my family. My grandmother was one of the first women doctors in New York State, and my mother and aunt both were coll ege graduates, from Bryn Mawr and Wellesley and the University of Wisconsin respecti vely, at a time when that was quite rare for women." In spite of their ti es to their educational institutions, Baird Voorhis and his wife Dorothy decided to make an ongoing commitment to New York Law School. Mr. Voorhis explains that he took a walk one cl ay from his office near th e South Street Seaport to th e School. "I wanted to look around, get to know some of the administrators and students at the School, and get a sense of the place." He liked what he saw, and since Mr. Voorhis is modest about his contributions to the 1990, Baird and Dorothy Voorhis have been generous School, but New York Law School is very grateful to this members of the Harlan Fellowship, the s ; hool's most wonderful fri end. Perhaps you've noticed the plaque out­ prestigious giving club. si de Room 407 in the "B" Building. It was mounted by "I wanted to remember three very important peo­ the Law School in recognition of Baird and Dorothy ple-my mother, my father and my aunt. And I wanted to Voorhis's generosity, yet at their request, they themselves help people like them-people who are ambitious, intel­ are not named. l11e plaque simply reads: ligent and have the will to succeed. I felt that I could best do this at New York Law School." In memory of Education is not the only way in which Baird and Peter A.H. Voorhis '25 Dorothy Voorhis make a difference. Five years ago, the Cornelia Baird Voorhis two signed up for a three-week stint with Habitat for Charlotte Calvin Voorhis Humanity in Americus, Georgia. That initial trip has turned into a yearly visit during which Mr. Voorhis works in the cabinet shop and helps to build homes on site, and For information about supporting New York Law School, Mrs. Voorhis volunteers in the office. They have met peo­ please contact: ple of all ages from all over the world, but _Baird Voorhis Barbara I. Leshinsky has been particularly impressed by th e young people Associate Dean for Institutional Advancement from the AmeriCorps program who are working to repay Call 212-431 -2818 educational loans. New York Law School Office of Development and Public Affairs Non-Profit Org. U.S. Pos tage PAID North Adams, MA Perm it No. 917 IN BRIEF (ISSN0747-3 141 )

57 Worth Street Address Service Reque ted New York, NY 10013-2960

July l0-Septen1ber 8 Continuing Legal Education Calendar Student, Alumni, Faculty and Staff These and other fall CLE programs Art Exhibit will be followed by a winter/spring OF EVENTS Featuring NYLS painters, seri es. Visit www.nyls.edu for photograph ers, and other artists details, or e-mail [email protected]. Call 212-431-2321 September 14 August 24 Developments in Recent Graduates' Reception* Constitutional Law May26 CoCo Marina, World Financial Led by Prof. Nadine Strossen Art Exhibit Center October 19 June 2 Watch for details on these fall Developments in Federal Courts CLE Program events for alumni/ae: Led by P.rof. Donald Zeigler The ABCs of Exchange Traded & • Moot Court Alumni Reception* Over the Counter Derivatives • Mentor Reception* Noven1ber 16 Offered for 8 CLE credits Capital Punishment-the Call Academic Affairs, All events are held at the Law Current Status of the Debate 212-431-2391 School (use 47 Worth St. entrance) Led by Prof. Robert Blecker unl ess otherwise noted. Visit www.nyls.edu for details June 12 • For these events, send your on CLE and other alumni, inquiri es or RSVP by e-mail to sh.1dent, faculty and events. [email protected] or call Development and Public Affairs, 212-4 31-2800. Catch upl

108th Commencement* 55 65· 75 85 95 Speaker: Ralph K. Winter, US .Circuit Judge, US Court of 50 60 70 80 90 Appeals for the Second Circuit Avery Fisher Hall Celebrate with old friends 1n the new century! 2pm REUNIONS 2000 Look for Fairfield and Westchester Alumni Reception • Join us on A special get-together for New York Wednesday, May 24, 200Q For details, visit www.nyls.edu and Connecticut alumni/ae hosted 6:00 pm or call 212-431-2800 by a Connecticut alum. Reception & Class Dinners