February 27, 2012 Panelists Square Off on Abortion, Contraception at Women’S Issues Forum “Sex at the Polls” Debate Focuses on Social Issues Heading Into Election

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the commentatorThe Student Newspaper of the New York University School of Law Volume XLV, Number 9 February 27, 2012 Panelists Square Off on Abortion, Contraception at Women’s Issues Forum “Sex at the Polls” Debate Focuses on Social Issues Heading into Election

BY STEPHANIE BAZELL ’13 the FDA decision on Plan B. CONTRIBUTING WRITER At this point the themes The panel “Sex at the Polls: of the debate had begun to Women’s Issues for 2012” be- emerge. There was the question gan with the intention of cov- of the likely trajectory of the ering all the ways in which reproductive movement, the na- women were to be affected ture of the anti-contraception by the upcoming presidential movement on the Right, along election, but quickly became with some discussion of the a debate solely on abortion legitimacy of a mandate on and contraception. Professor Catholic churches to provide Cynthia Estlund moderated the contraceptive services. debate among Faye Wattleton, The question of where the former president of Planned reproductive rights movement Parenthood; Lois Uttley, co- was bound to go, forced Ms. founder of Raising Women’s Hoff Sommers on the defen- Voices and president of the sive, despite having early on Public Health Association of proclaimed that she herself was New York; Christina Hoff pro-choice. Sommers, conservative scholar After Ms. Filipovic noted at the American Enterprise that indeed young women did Institute, and Jill Filipovic, an not support abortion the way NYU ’08 graduate and founder they did social issues such as of the blog Feministe. gay marriage, Ms. Hoff Som- Professor Estlund opened mers responded that the “gay by asking both what was the right issue had a legitimacy . . . most important women’s issue to the cause and its moving in- in the current political season, exorably toward progress … the and within that season if some- abortion issue, it’s not going to thing had particularly surprised follow that trajectory because it the panelists. Ms. Filipovic set involves a fundamental conflict, the tone by stating, “This politi- a collision of basic values.” cal season I’ve been particularly This was quickly rebutted shocked and frustrated and ap- by Ms. Wattleton, who claimed palled with the continued focus the courts had established a and politicization of woman’s right to privacy. “The issue,” bodies.” She went on to de- she continued, “is whether the Clockwise from upper-right: “Sex at the Polls: Women’s Issues for 2012” participants Faye Wattleton, Cynthia scribe issues of contraception government gets to make the Estlund, Lois Uttley, Jill Filipovic, and Christina Hoﬀ Sommers. With Estlund moderating, the debate centered on and abortion as ways to push decision for the woman.” abortion and contraception. back on the gains made by Some panelists saw the con- feminists over the past 50 years. traception assault as a new issue, Ms. Estlund paused to note that with Ms. Filipovic suggesting some panelists would agree and “personhood amendments are Deb Ellis to Leave NYU Law others would disagree. the most brilliant pro-life strat- Students were Public Interest Summer Fund- Ms. Hoff Sommers, who egy that we’ve seen in the past shocked to learn on ing program to the point that is known for her book The War 30 years.” While Ms. Wattleton Thursday afternoon it would guarantee funding for Against Boys: How Misguided declared, “It is important not to that Deb Ellis – the all students, creating the Judicial Feminism is Harming our Young see this as a latter day struggle it beloved Assistant Clerkship Office to increase Men, unsurprisingly did not has been enduring and it really Dean for Public Ser- NYU’s presence in judicial agree with Ms. Filipovic’s state- is a marker for women’s status vice, and NYU Law clerkship positions, and, most ments. She added women are in society.” alum – will leave the importantly, helping students concerned in this election by the Ms. Uttley was less weary Public Interest Law obtain jobs year after year. El- same thing men are: the econo- of the contraception issue Center at the end of lis has been a tremendous asset my. She noted her disapproval and believed it was part of a the academic year. to NYU and her presence will of the Obama administration’s “strange nostalgia for large Ellis was instrumen- certainly be missed by her stu- mandate on Catholic institu- families among our Republi- tal in running PILC, dents and friends. Thank you, tions to provide healthcare. can candidates for president,” nearly doubling the Deb, for your unfailing service Ms. Uttley, who directs the though she claimed America Root-Tilden-Kern to our school. organization MergerWatch that seemed unimpressed. scholarship program Unfortunately, this story works to protect contraceptive The panel finished with a for public interest broke as The Commentator rights when public hospitals lively Q&A from the audience. students, hosting the was going to press – we will merge with Catholic institu- Though Professor Estlund largest public inter- have more details in our March tions, seemed prepared for such opened it up to any women’s est career fair in the 26 issue. a comment. “I’m afraid that a issue, in keeping with the night, nation, growing the —Eds. lot of people who are talking all questions were abortion- about this controversy have for- related. gotten about healthcare for the Following the debate was a 98 percent. Why do I say 98 as reception in Greenberg where oppose to 99? Because 98 is the the four student organizations, Guest Who? Speakers Engage Students page 2 percentage of Catholic women Law Women, American Consti- who use contraception.” tution Society, Federalist Soci- Here Comes the Neighborhood page 3 After a train delay Ms. Wat- ety and Law Democrats, after tleton arrived and remarked that having organized this event over her surprise was the Obama ad- several months on their own, Infra More Weird Films page 4 ministration’s “flagrant” politi- breathed a sigh of relief for a cal maneuvering in overturning night well done. Page 2 Editorialsc February 27, 2012 Making The Case for Guest Speakers in the Classroom

BY LEIGHTON DELLINGER ’12 4-6 we were studying Justice Felix review. (Ed. Note: Judicial Biog- also have incredibly interesting the case — and patiently taking EDITOR-IN-CHIEF Frankfurter and we were joined by raphies with Norman Dorsen is friends. On this particular Mon- our questions. You want to see a I am a huge fan of guest one of his former clerks, Profes- a fantastic class. Each seminar is day we were studying Accounting fascinating storyteller? Hear Ike speakers in classes. It was only sor Jerome Cohen, a member of devoted to a different Supreme Frauds. To enhance our discus- Sorkin, Madoff ’s attorney, explain after a professor put it to the NYU Law faculty. Court justice and we learn about sion, we were joined by both the that Bernie took a settlement class — after we had a particularly The student presenting her their lives and their work — a prosecutor and the defense attor- because he wanted his wife to be assertive guest — that I realized paper researching Frankfurter’s real gem for anyone interested ney from the Madoff case. Just to free of the media — that the press what a strong position I had on life and work was engaging and in the lifestyles of the dorky and let that sink in, the Madoff case was hounding her, taking pictures the issue. He was concerned that the information she presented famous.) was the biggest accounting fraud through their living room window, our guest speaker had overrun was incredibly interesting — turns The real learning point in prosecution in history. These two chasing her like dogs, making her the seminar — that we didn’t feel out, when Frankfurter was teach- this class, however, came from men and their professional careers life unlivable — and you will for- like the class was as educational ing at Harvard he had a close our guest, Professor Cohen. Co- were plastered on our newspapers give Bernie Madoff of everything, because we had less of an oppor- relationship with Justice even if just for a moment. When tunity to participate. Now that I’ve Brandeis. So close, that the discussion ended (and no one spent a little time thinking about it, Brandeis and Frankfurter complained that we skipped our I can’t believe that the presence of ran something of a con- break and ran 15 minutes long) the guest speakers is ever questioned spiracy to infl uence the student across the table from me in law school pedagogy. academic canon at the said, “That was fantastic.” We have plenty to learn from time. The two men would omment The Eager Reader Storytelling like that is what our professors who are steeped discuss a topic — my c makes a winning attorney out of in academia — I’m looking at understanding was that a hopeless case. And Sorkin did you, Barry Friedman. Friedman’s ordinarily it was a topic win — not on much, but he had grasp on the doctrine and theory before the Supreme Court a few small victories concerning of Criminal Procedure is as in- on which Brandeis was bail and the settlement of Mrs. timidating (while on call during his constrained by the doctrine of hen explained the infl uence that for months. We were collectively Madoff ’s accounts. Who can tell unusually well-executed Socratic judicial restraint, and Frankfurter Frankfurter’s clerks had on his awed as they sat before our class the story better than the man questioning) as it is impressive would write and publish a law decision-making — indeed, that sharing their stories — beginning who lived it? Guest speakers are (during any other time). But the review article articulating their all the clerks had on their respec- with the phone calls that brought incredibly valuable for the content stories we hear from our academic shared views. Brandeis would then tive bosses. He told us about the the whole mess to light and ending they bring to our classes and for professors so rarely concentrate “reimburse expenses” (to the tune tenor of the court during his years with an assessment of their per- the techniques they teach us by on their own experience, it is just of $1,000 each year — more than there (he was fortunate enough to formance and the different factors example. I say, bring them in as easier to internalize the experience $15,000 in today’s dollar) for the clerk for both Justice Frankfurter that controlled the outcome of often as we can! of an experience when I hear it time and effort that Frankfurter and Chief Justice Earl Warren). fi rst-hand. My favorite day of class put into the project. It was basi- His fi rst-hand stories really stuck. this semester was a Monday — my cally an elaborate scheme to allow The infl uence of our guest speak- morning class was interesting but Brandeis to infl uence the public er was more than just his ability the day was carried by the after- without compromising his duty to recount the cases that came noon. In Judicial Biographies from to adhere to the rules of judicial before the court that year and the ways that Frankfurter voted — it was his intimate knowledge of the way that Frankfurter befriended other justices’ law clerks to try to the win infl uence, and his incredible commentator charm that had a way of winning The Student Newspaper of the New York University School of Law over his clerk’s wives. The student Editors-in-Chief who researched Frankfurter’s as- Leighton Dellinger ’12 tonishing and surprising relation- and ship with Justice Brandeis surely Terra Judge ’12 had the story that would stick in the minds of our classmates, but our guest speaker nearly trumped Managing Editor her by lending a depth of human- Matthew Kelly ’13 ity and personal experience to the story of Frankfurter’s time on the Staff Editors court. Hannah Baker ’13 Not only does a guest speaker Thomas Prieto ’13 enhance the character of our dis- Grant Tse ’14 cussion with their legal experience, they often have an important les- Staff Writers son to teach us as a raconteur. We Farrell Brody ’12 learn in almost every class, from Ryan Kairalla ’12 Lawyering to Evidence, about the importance of storytelling in liti- gation and the law. When we read a Supreme Court case and our im- mediate reaction is to emphatically Crossword Editor Staff Photographer side with either the majority or the Chris Robertson ’11 Gerardo Gomez Galvis ’12 dissent it’s very likely a result of skillful presentation of the facts. Sure, sometimes a law is just pa- tently wrong. Or maybe we have The Commentator serves as a forum for news, opinions and ideas a political view that endears us to of members of the Law School community. The Editorial Board a cause. But often, cases go to the consists of the Editor-in-Chief and the Managing Editor. Only Supreme Court because they’re editorials and policies developed by the Editorial Board refl ect the close — it’s a well-told story that opinion of the Editorial Board. All other opinions expressed are makes a close case look obvious. those of the author and not necessarily those of The Commentator. The And what are guest speakers, Commentator is issued on alternate Wednesdays during the academic really, but specialized storytellers? year except during vacations and examination periods. Advertising On that same favorite Monday I rates are available on request. Subscriptions are also available at a hurried from Judicial Biographies rate of $15 per year. Letters to the Editor should be sent to the to my class on Criminal Securi- following address, either on paper or via e-mail. All submissions ties Fraud. The course is already become property of The Commentator. incredibly interesting — two former SDNY securities fraud 240 Mercer Street prosecutors (now a Second Circuit New York, NY 10012 judge and a white-collar defense 212.998.6080 (phone) attorney) teach the seminar. They [email protected] have intimate knowledge of every facet of a case in this area; they Above: Justice Frankfurter; Below: Professor Jerome Cohen February 27, 2012 Arts/Opinion c Page 3 Community Board Unanimously Rejects NYU Expansion Plan

Above: Community organizers opposing the NYU expansion created ﬂ yers and ﬂ ocked to the Community Board 2 meeting on Th ursday night. Below: Projections for the NYU expansion

BY MATTHEW KELLY ’13 per” shape. The “Bleecker Building” MANAGING EDITOR will replace the Morton Williams Community Board 2 unani- with a 14 stories of academic space, mously voted to reject NYU’s ex- a public school and dorms. On the pansion plan at a public meeting last Washington Square Village block, Thursday night. The Board’s action, NYU plans two curved buildings although merely advisory and widely of roughly a dozen stories to con- expected, signals strident community tain academic and retail space. The opposition and may affect the plan’s school also is requesting a rezoning chances for approval later in the to allow for more retail on the land it process. NYU’s proposal – called owns just east of Washington Square the NYU 2031 Core – would add Park. According to a NYU Law 2.4 million square feet for academic spokesperson, the law school will not space, student and faculty housing, a receive space in the expansion. new athletic facility, a hotel and retail, Critics of the project have held much of which will be below grade, periodic rallies and press events in on two “superblocks” bounded by the weeks leading up to the Board’s Houston Street, Mercer Street, West vote. Last Tuesday, a group of NYU 3rd Street and LaGuardia Place. students protested in front of Stern, From here, the project will be consid- claiming that the project would cost ered by the Borough President in an $6 billion and divert from academ- advisory role; its ultimate fate will be ics. On February 11, local Assembly decided by the City Planning Com- Member Deborah Glick led a rally mission, City Council and Mayor. outside Judson Church, charging that Final word on the proposal should the expansion was out of scale and come this summer. would limit light and air. And on Feb- The Board approved a lengthy ruary 16th, dozens of NYU profes- letter, previously hammered out by sors, including famed novelist Zadie a committee, that cited reasons for Smith, sent President John Sexton a disapproval, including bulk and den- yielded tremendous results.” to the drawing board.” seven-month public review process, letter pointing out that the plan calls sity, “20-plus” years of construction, Hurley pointed out that NYU “It’s wrong. It’s not the right the Uniform Land Use Review Pro- for Coles to be demolished as soon transfer of city-owned land to NYU, has already responded to community plan for the city; it’s not the right plan cedure, in January. Although NYU as next year, but that the only gym defi cient open space, and transporta- input in its plan by developing its even for the university,” he added. already owns almost all of the land in open to students and faculty during tion and environmental impacts. own footprint, expanding outside the Invoking anti-development the development site, the City must the construction period would be “CB2…strongly opposes the Village, providing open space, and icon Jane Jacobs, Board Chair Brad approve rezonings, the transfer of the Palladium. NYU 2031 plan,” the letter says. “Its donating space for a public school – Hoylman said that even though some small strips of city-owned land to Some of the specifi c critiques effects would forever change the all without eminent domain, as was thought the Board was “not rich NYU, and the elimination of a deed the Board levels in its letter include: character of this historic neighbor- used for Columbia’s Manhattanville enough or powerful enough to take restriction on the superblocks for the the project would double the density hood, dramatically increase built- expansion. on an institution like NYU,” he was project to move forward. In addition, on the two blocks and cast shadows upon land at the expense of the The Board’s public meeting and proud of the work the Board put NYU is also asking for a Large Scale as far as Washington Square Park; light, air and recreation opportuni- vote was held in the St. Anthony into considering the project. General Development special permit the “zipper” building would detract ties of existing open space, convert of Padua church on Sullivan Street. The project involves the cre- to waive setback, height and rear yard from the I.M. designed landmark city-owned land to largely private Hundreds packed the basement ation of four new buildings, to be requirements. Over the past two Silver Towers; the phasing of the use even if access is permitted, meeting space, and 115 people built in phases on the Washington months, the school has briefed board project and creation of a temporary imperil affordable housing stock, signed up to give one-minute public Square Village and Silver Towers committees about land use, transpor- gym for NYU’s varsity teams would signifi cantly reduce residents’ quality comments, the vast majority against superblocks. The buildings will oc- tation, open space, education and result in 20 years of “continuous of life, [and] have adverse [e]ffects the project and many of whom said cupy, roughly speaking, the Coles construction. The Board says this construction;” the hotel and retail [on] local infrastructure and subject they were longtime Village residents. site, the Morton Williams site, the is the largest ULURP application development would be inappropriate residents to decades of construction The public comment was much strip of retail where the Bare Burger it has ever considered. Bryan Cave for the community; and the open and its effects.” more one-sided than the Community is located, and the open area mid- is representing NYU in its ULURP spaces are “ill-conceived.” The strips Alicia Hurley, an NYU spokes- Board’s last public meeting, in which block across the street from Mercer application. of open space along LaGuardia person, said the school will continue union construction workers and pro- Dorm on Mercer Street. NYU says The Village expansion plan is Place and Mercer, West 3rd and West to work with the broader city on its fessors spoke in favor of the project. that the project would create more the central piece of the University’s 4th Streets are also a contention: proposal. In fact, the fi rst person to explicitly than 18,000 construction jobs and 20-year growth strategy, called “NYU they are in fact mapped as streets. “The University will review the not speak out against the project last 2,600 permanent jobs. In addition 2031,” which calls for an additional NYU is proposing to have the City resolution that Community Board 2 was an opponent plugging an event to the building construction, the six million square feet over 25 years demap and transfer title of certain has put forth, but looking beyond at Furman Hall’s Poe House – itself a project would create three acres of across the city. strips to NYU, while converting tonight’s vote, we look forward to concession to the community during open space. NYU also proposes The heart of the 2031 plan is others to parkland, but give NYU continuing the discussion with the a previous university expansion. giving land for the creation of a new the “Core” expansion. The so-called an easement. broader community and the City Greenwich Village Society for public school; some testifying at the Zipper Building would replace Coles Ironically, while community op- about our academic needs,” she said Historic Preservation director An- hearing said NYU already agreed to with a new athletic center, housing, position sees this as their Jane Jacobs in a statement. “NYU appreciates drew Berman, who held an opposi- build a school years ago and called retail, a hotel and conference space. “moment,” the status quo of broad the Community’s feedback to date tion rally prior to the event, said, “I’m on NYU to delink such a promise It will have a series of towers of stag- towers-in-the-park superblocks is and believes that our fi ve-year dia- here to urge CB2 to reject NYU’s from its expansion. gered heights from 10 to 26 stories, actually antithetical to the Jacobs logue with our neighbors has already plan, and send the university back NYU started the city’s roughly giving the building a distinctive “zip- vision of lively urban areas. Page 4 Artsc February 27, 2012 “The Turin Horse” and “Claudine” Tell Stories of Darkness and Defi ance

BY THOMAS PRIETO ’13 roll) has met a nice and cheerful STAFF EDITOR man, Rupert (James Earl Jones). “The Turin Horse” (Béla They begin to date each other Tarr and Ágnes Hranitzky, 2011) and initially, their understanding left me with an image that will nature allows them to overcome likely haunt me for the rest of some common relationship im- my life. That image is a black- pediments (lack of time due to and-white, exterior shot of a girl work, children from previous looking out of the window of failed marriages, and the like). her cabin as the wind blows furi- However, societal expectations, ously, obscuring her face. Béla unfair social programs, and the Tarr claims this will be his last police do everything possible film and considering the film’s to break down both Claudine focus on the inescapability of and Rupert. The sensuality of death, it is very easy to believe Claudine and Rupert’s relation- him. ship is captured exceptionally “The Turin Horse” begins well by the fluid camera work with a story about how Ni- of Gayne Rescher. Of particu- etzsche once saw a cab driver lar note is the scene in which abusing a horse on the street. two of Claudine’s children race He ran up to the horse and through the New York City hugged it. This event, the legend streets on a bicycle that includes goes, drove him insane. After a some pretty fantastic POV shots powerful opening tracking shot of the bicycle narrowly passing of an old man driving a horse between cars. through a forbidding landscape, As the film progresses, the the film focuses on its main area obstacles begin to appear more of interest, the daily lives of the rapidly, climaxing in the film’s old man and his daughter. rather absurdist and final pre- We are shown six tedious credit sequence. After having es- and somewhat monotonous caped from a rally that was being

omment c The Man With a Name

days in their meager lives. Tarr brutally shutdown by the cops, seems fascinated by their rou- Claudine’s oldest son runs into tines and their attempts to cling their apartment where Claudine to it as the world (or at least and Rupert are getting married. their world) is coming to an Unfortunately, the cops have end. Tarr cares not about sto- followed him. The wedding at- rytelling — very little happens tendees, including Rupert, fight in this film in terms of plot and off the cops and are themselves “Th e Turin Horse” and “Claudine” both portray families leading diffi cult lives, in very diff erent fi lm formats. dialogue. Rather, “The Turin arrested. They are placed in a Horse” takes advantage of the police van. Suddenly, Claudine resources unique to cinema and the children hop into the Reviews in Brief — beautifully choreographed van before it drives off. The film camera movements, exceptional then cuts to Claudine, Rupert, “Faust” (Aleksandr Sokurov, 2011): “Faust” features both the grotesque and the beautiful. First, the usage of lighting, depiction and their family walking down grotesque: the Mephistopheles (Anton Adasinsky) character is highly deformed and behaves in a disgust- of events in real time, and the the sidewalk holding hands as ing manner. Yet, he is able to tempt Faust (Johannes Zeiler) with the incredible beauty of a young woman plasticity of perspective. As the credits roll. This defiantly named Marguerite (Isolda Dychauk). Mephistopheles and Faust guide us on a tour of the dirty city. Taking the film progresses, it gradually joyful scene perfectly embodies advantage of the physicality of fi lm, Sokurov has his actors constantly pushing and pulling against each shuts down somewhat like an the film’s central message: being other. Faust ultimately gives in to the temptation and is trapped in an otherworldly purgatory. “Faust” will anti-Genesis story. It feels like black in the 1970s is impossibly be screening at the Walter Reade Theater on February 28 at 9 pm as part of the Film Comment Selects God is unmaking the world in hard and there will be many program. This is the last screening for the foreseeable future, so make sure to catch it now. six days. sad times, but one must find “Claudine” (John Berry, joy wherever they can even if it “Face to Face” (Ingmar Bergman, 1976): “Face to Face” is not a Bergman classic. The script is 1974) is about how incred- means letting go of reality. overwrought and the usage of Freudian imagery becomes a bit tiresome. However, the fi lm does include ibly difficult life was for black I would be remiss to not an excellent performance by Liv Ullmann as a psychiatrist that begins to go insane. There are no good people in New York City dur- mention the film’s fantastic DVDs of “Face to Face” available in the United States (don’t be fooled by the poor quality of the Olive ing the 1970s. Whenever any soundtrack, which is written Films DVD). Thankfully, we can resort to the Internet. character (and in particular the and composed by Curtis May- titular protagonist) begins to field and performed by Gladys - Thomas Prieto ’13 hope or dream of a happier Knight & the Pips. No one life, society conspires to thwart captured the plight of black them. Claudine (Diahann Car- Americans during the 1970s quite as well as Mayfield. Gladys Knight & the Pips do a good job of capturing some of the funkier aspects of Mayfield’s Liv Ullmann stars music albeit in the smoother style typical of Motown. After as a psychiatrist with a particularly demoralizing no- mental issues in show to a Father’s Day party, “Face to Face.” Claudine has a drink, turns up the music, closes her eyes, and begins to dance. “The Turin Horse” is currently playing at Cinema Village and The Film Society of Lincoln Center. Diahann Carroll as Claudine “Claudine” is available on DVD.