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Cardozo Life Publications

Fall 1996

1996 Cardozo Life (Fall)

Benjamin N. Cardozo School of Law

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FALL 1996

FALL 1996 Cardozo lFE Features

An Interview w ith Marci Hamilton ...... 14 Intellectual Property, the Internet, and Justice Sandra Day O'Connor are just a few of the topics covered in this conversation with the director of Cardozo's Intellectual Property Program.

Custom, Currency, and Copyright: Aboriginal Art and the $10 Note . 19 A look at an Australian copyright case by a legal scholar and an art historian.

BY MONROE PRICE , JOSEPH AND SADIE DANCIGER PROFESSOR OF LAW

& DR . AIME E BROWN PR ICE

Cardozo at 20 ...... 23 Cardozo's fo unders-both deans and faculty- are honored as the school begins its 20th anniversary year. Departments Tort Reform: A Way to Protect Customers .. 28 Around Campus ...... 3 A call for a measure of sanity in the tort system by • Rudenstine Appointed Dean ad interim one of its most vocal critics. • Three Distinguished Visitors on

BY LESTER BRICKMAN , Campus • 9th & 11th Floors Available • PROFESSOR OF LAW Cardozo Receives High Marks from ABA • Conference on Buffett Essays • Decline of the Nation State Discussed

Faculty Briefs ...... 10 Four Professors Join Faculty • Wishart Wins Top Librarian Award • Jim Lewis Dies at 84 • News B1iefs

Alumni News & Notes ... 30 Cardozo E From the Dean

Susan L. Davis Reflection and Prognostication EDITOR This fall marks Cardozo's 20th academic year: a special occasion that invites Paulette Crowth er reflection , assessment, and prognostication . ASSOCIATE EDITOR Cardozo's founding dean was Monrad Paulsen. He was a towering fig­ ure-a world renowned scholar, a legendary teacher, a prominent and force­ Alice Weil COPY EDITOR ful law school dean. These important roles surely made him the powerhouse that he was. But the sum of Monrad was far greater than even these highly J udy Tucker significant parts. Monrad was, perhaps more than ART DIRECTOR anything else, an. irresistible, uplifting, visionary man. He was filled with hope and promise and his Norm an Goldberg spi1it was contagious. PHOTOGRAPHY DIRECTOR Cardozo and Monrad fit well together. Cardozo Gary Mann gave Monrad a focus for all that h e had and all that STAF F PHOTOGRAPHER he could give. Monrad gave Cardozo an inspiring beginning, an exceptionally able and resourceful • faculty, and a sense of mission that filtered through the entire Cardozo community and remains a vital part of the School's character. Monrad's gifts were rare, and he gave the,m Cardozo Life is published twice each year by freely. We continue to be honored that he was our founding dean, and we are the Department of Public Relations indebted to him for his remarkable conhibutions. Benjamin N. Cardozo School of Law Cardozo has been shaped equally by its founding faculty. Indeed, Yeshiva University Cardozo would not be Cardozo without these scholars, who continue to Brookdale Center, 55 Fifth Avenue teach , write, and shape the Law School in countless ways. Professors Lester New York, New York 10003 Brickman , Edward de Grazia, Malvina Halberstam, Eva Hanks, Joh n Hanks, Phone (2 12) 790-0237 Peter Lushing, and Jonathan Silver are forever linked as a force that has col­ FAX (212) 790-0203 lectively had an indelible impact on what Cardozo has been, is, and will be. In addition, there are Yeshiva Un iversity Presidents Samuel Belkin and • Norman Lamm, Board Presidents Jacob Burns and Earle I. Mack, and mem­ bers of the Board of Directors, who have had an immeasurable influence on shaping and supporting the Law School. Former deans and the faculty as a Editorial contributions and submissions whole have also been keepers of the fl ame and daily builders of Cardozo. are welcome. This publication accepts In this issue of Cardozo Life, we honor our fo unders and look to our no responsibility for unsolicited manuscripts future. Four superb new faculty members have joined us, nationally recog­ or photographs. All submissions are nized visitors are on campus, a strong entering class began its legal studies subject to editing and are used this fall, and our curriculum is constantly being strengthened by the activi­ at the editor's discretion. ties of our current faculty. Cardozo's Intellectual Property Program, which is highlighted in this issue, deserves special m ention. Its richness coupled with three full-time fac­ ulty members and many adjunct professors make it one of the strongest and most exciting intellectual property programs in the country. It is an impor­ tant aspect of Cardozo's future, built on a strong foundation shaped by those we honor in our 20th year.

C ARDOZO LIFE arounf.AM PUS

Three Di stinguished ing materials on basic fi­ of rhetoric or power." Fish published extensively, Academics Visit nance concepts for lawyers. is visiting Cardozo from including seminal works in Ayer is a regular contribu­ Duke University, where he literary and legal theory. Cardozo tor to the Norton Bankniptcy is Arts & Sciences Professor He is working on an article Newsletter. He holds a B.A. of English, Professor of Law that examines the issue of John D. Ayer, a professor at and J.D. from the Univer­ at Duke School of Law, church and state. Fish the University of California sity of Louisville and an Associate Vice Provost, and received his B.A. from the at Davis School of Law and LL.M. from Yale University. executive director of Duke University of Pennsylvania a former bankruptcy judge, Renowned literary theo­ University Press. He has and an M.A. and Ph.D. is teaching both Bankruptcy rist and law and literature and Corporations this fall. scholar Stanley Fish is He has been a visiting teaching Rhetoric, Law & Rudenstine Appointed Dean ad interim Power this fall. In his class, students are studying th e David Rudenstine, who last spring was nam ed Dr. Herman rhetoric of the ancient George and Kate Kaiser Chair in Constitutional Law, has Greeks and Rom ans. Fish been appointed dean ad interim. He will serve in the post notes that students explore while a committee conducts a nationwide search for a suc­ the ancient scholars' con­ cessor to Dr. Frank J. Macchiarola, who became president victions that all law is ratio­ of his alma mater, St. Francis College in Brooklyn. nal. They read classics by The appointment was announced by Vice President for Macchiavelli and Hobbes as Academic Affairs William Schwartz and Earle I. Mack, well as works by contempo­ chairman of CSIJs Board of Directors. rary law theoreticians. The "David Rudenstine is one of the leading constitutional class further inquires into law scholars in the country and has proven himself to be the historic inseparability of an able administrator as well, " Mack said. "We are Ayer power and law. Fish points fortunate that a person of this caliber is both willing and professor at n umerous out the irony to his stu­ able to serve." schools, including the Uni­ dents, "Law pushes away Added Schwartz, "In addition to his outstanding scholar­ versity of Pennsylvania and rhetoric or power by an act ly and academic credentials and his prior administrative Stanford Law Schools and experience as associate dean, David Rudenstine has Fish the London School of impressed us with his willingness and determination to Economics. He also has vigorously expand the programs and resources of our law worked in private practice school. He will not be a caretaker, but will creatively and at the Los Angeles firm of aggressively lead the school to new levels of excellence." Stutman, 'Treister & Glatt. Rudenstine took the job just as he was completing a Prior to entering the legal m edia tour for his highly praised book The Day the Presses field, Ayer enjoyed an Stopped: A History of the Pentagon Papers Case (University of award-winning career as a California Press, 1996). He noted, "I have set several objec­ journalist for both The tives for myself and for the Law School. They reach into Louisville Times and The the realms of admissions, scholarship, and development. Courier-Journal. While in With the administrative staff that is in place, I am con­ New York this semester, he vinced that these objectives are obtainable." is creating a web page offer-

FALL 1996 from Yale University. Board, the Tennessee Valley Stanford University, Uni­ James E. Krier is enjoy­ Au thority, and the Califor­ versity of California at Los ing himself in New York, nia Attorney Gen eral's Tusk Angeles, and was a visiting "especially people watch­ Force on Environmental fellow at Oxford University. ing, eating great foo d, and Law. Krier is well known as He holds a B.S. and J .D. teaching the energetic stu­ the author of the textbook from the University of dents at Cardozo." Krier, Property, first published in Wisconsin. who is an environmental 1981 and revised several law pioneer and Earl times. Today it is perhaps Ginsburg Gives Warren Delano Professor of the foremost book used in Krier Tenzer Lecture Law at the University of law schools for first-year Michigan, i.s teaching two ries of environmental law Property classes. His cur­ classes: Pollution Policy and and has served and advised rent interest is the interdis­ Jane C. Ginsburg was guest Property. For the past 20 many organizations like the ciplinary study oflaw and speaker at the Fourth years, he has made signifi­ Environm ental Protection economics. Krier has taught Ann ual Tunzer Distin­ cant contributions to theo- Agency Science Advisory "at Harvard University, guished Lecture in Intel­ lectual Property. Ginsburg, who is Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University School of Law, spoke on "Copyright Without Borders? Choice of Forum and Choice of Law in Cyberspace," focusing on copyiight infringem ent actions. According to Linda S. Chan, executive editor of The Forum, Ginsburg pro­ posed the application of the single publication rule as a solution to international copyright infringement on At the highly successful and well-attended daylong conference, "The Jurisprudence of the Internet. This rule lim­ Ratings," Dean Frank J. Macchiarola greeted Howard M. Squadron, Squadron, Ellenhoff, its the action to one juris­ Plesent & Sheinfeld; US Senator Joseph Lieberman of Connecticut, who delivered the key­ diction where the recovery note address; and Monroe Price, conference cha ir. The conference was sponsored by the would include compensa- Cardozo Arts and Entertainment Law Journal and the Howard M. Squadron Program for Law, Media and Society in conjunction w ith the Columbia Institut e for Tele-Information. Dean Rudenstine greets Jane Ginsburg It addressed the issue of the controversial Communications Decency Act, which is known at the Tenzer Lecture also as the "V-chip" legislation, and was a first effort to consider implications of rating and labeling systems in various media. Panelists included scholars, policymakers, and industry leaders representing motion pictures, records, television, videos, and the Internet . There was almost unanimous agreement that if a ratings system was necessary self­ regulation was preferable. The Motion Picure Association of America, t he granddaddy of self-regulation, held strongly that their system gave power to parents in making an informed decision. One roundtable addressed First Amendment issues in light of t he legislation. Again, the majority seemed t o feel that labeling is not something in which the government should become involved. Senator Lieberman, who spoke very personally, felt that the government should provide "some ground rules" and that a ratings system was a "tool to warn and empower." However, because he felt that the Communications Decency Act was rushed and not w ell thought out, he voted against it. 4 CARDOZO LIFE tion for damages incurred in all jurisdictions. To date, the single publication rule has not been adopted by courts, Ginsburg surmised, because of lack of personal j urisdiction over foreign defendants. However, Ginsburg opined, this would not be a problem in cyberspace. As to the question of which nation's copyright laws should be applied to claims, Ginsburg reasoned that following the Berne Convention, a pre­ sumption could be made Former Mayor of New York City Edward I. Koch joined Justices Abraham Gerges and that copyright law is uni­ Edward Rappaport (shown above) of the Supreme Court of the State of New York, as versal and the defendant w ell as Paul Curran, Chairman of the Mayor's Committee on the Judiciary; Gary S. should have the burden to Brown, Executive Director, Fund for Modern Courts; and Daniel Kolb, Chairman of the prove the contrary. Judicial Committee of the Bar Association of New York, at a roundtable discussion on As in previous years, the "Criteria for the Selection of Elected and/or Appointed Judges." The meeting was held speech was followed by an at Cardozo last spring in cooperation with the Supreme Court Justices' Association of alumni reunion of the the City of New York. Cardozo Arts & Entertain­ ment Law Journal, which •••••••••••••••••••••••••••••••••••••••••••••••••••••• was a co-host of the lecture. Jacques Derrida, professor, Ecole Cardozo Receives High des Hautes Etudes en Sciences Sociales, Paris, and Distinguished Marks from ABA Scholar at CSL, addressed faculty and students in October as part Last spring, Cardozo under­ of The Law and Humanism went the septennial rite of speakers series, coordinated by reaccreditation by the ABA. Prof . Michel Rosenfeld. Derrida's The many-month process, talk was entitled, "Cosmopolitan­ which every accredited law ism and the Role of the Intel­ school must go through, lectual." Also featured this fall consists of a self-study, a were Justice Noelle Lenoir of the site visit by a team of peo­ French Const itutional Council, ple over several days, and a w ho spoke on "Bioet hics, the final report. The report Body, and t he Constitution: A speaks of Cardozo as a law Comparative Analysis"; and school that has achieved Joseph Raz, professor, Baillio! m uch in not quite 20 years. College, Oxford University, whose It is filled with high praise speech w as called "Can There Be for the School's "excellent a Theory of Law?" Future speak­ and accessible" faculty, ers include CSL Visiting Professor "extraordinarily dedicated" Stanley Fish. The series is funded librarian, and "talented" by the Jacob Burns Institute for administration. It noted Advanced Legal Studies and is especially the Center for co-sponsored by the New School Professional Development, for Social Research.

FALL 1996 which was called "one of the most extensive, innova­ tive, and aggressive career services and placement pro­ grams in the nation." The night before The report indicated, as orientation, the well, areas for growth and Dean and the improvement, including the Student Bar need for increased space Association and technological enhance­ invited entering ments, especially in the students for a library. "These are issues of cruise on the prime importance to me," Circle Line. emphasized Dean Ru den­ stine. "I am working closely with the YU administration and feel sure that we will were chosen from an appli­ ding for the best students. M.A.s, and PhD.s, but near­ make significant headway cant pool that was 3% larg­ The class of '99 is 53 % ly 20% are returning to in both of these areas in the er than last year's and have men and 47% women; their school from a career. The very near future." an LSAT median score of average age is 23 (with an class of 1999 can boast of 158-one point higher than age range of 19 to 50); and art gallery directors, novel­ Class of 1999 Begi ns last year's class. This amaz­ 21 % are from minority ists, bankers, and journal­ ing feat by the Admissions groups. They come from ists as well as a tae kwon do Legal Studies Office comes at a tim e more than llO undergradu­ instructor, a Russian inter­ when applications to law ate schools, and from as far preter, and the founder of More than 250 m en and schools are down more away as Hong Kong. Some the New York Chapter of women began their studies than 12% nationally, creat­ come straight out of school, Mothers Against Drunk at Cardozo this fall. They ing highly competitive bid- having received B.A.s, Driving.

Herz Talks About Academic Affairs

Michael Herz came to Cardozo in According to Dean Herz, the role of acadentic dean is to 1988. Since then, he has to his encourage scholarship and the intellectual life of the teaching credit Administrative faculty while also supervising the educational life of the Law, Constitutional Law I and II, students. This means that he is deeply involved in hiring Legislation, Elem ents, Environ­ new faculty and visiting and adjunct professors, decides mental Law, and Criminal Law, who will teach what courses, and makes sure the curricu­ which he taught last summer for lum is complete and coherent. "Perhaps the most impor­ the first time. In J une, he added tant part of my job is to make the Dean's job easier," the title of Associate Dean for explains Herz. "I try to resolve problems before they reach Acadentic Affairs to his resum e him , offer advice, and fill in for him when he's supposed and continues to teach Elements to be in two places at once." to this year's l Ls. He took the new position at the end of Dean Herz has agreed to a one-year term; however, Dean David Rudenstine's two-year tenure. he said that he would be delighted to stay on for a second Dean Herz came to Cardozo from the Environmental year. "'Iwo years is just about the right amount of time to Defense Fund and clerkships with both Associate Justice learn what you're doing and have an impact on the instih1- Byron R. White of the US Supreme Court and Judge Levin tion, without abandoning for too long what brought me to H. Campb ell of the First Circuit. He is the author of a Cardozo in the first place-the teaching and the writing." score of law review articles and book chapters and wrote When asked what he most wanted to accomplish, he with Eva Hanks and Steve Nem erson Elements of Law, the quickly noted, "I only hope to do as good a job as my tmrtbook used at Cardozo. predecessor."

6 CARDOZO LIFE The Samuel and Ronnie Heyman Center on Corporate Governance was endowed in Conference on Buffett Essays Draws the early 1980s by Samuel and Ronnie Corporate Leaders to Campus Heyman. The Center supports conferences, seminars, and research on issues related to corporate and business law and the role of cor­ Warren Buffett, Chairman ed in a format that was not porations and corporate managers in society. of Berkshire Hathaway Inc., easily accessible. Conse­ It has sponsored presentations by many lumi­ was a guest and the focus quently, the ideas have not naries in the business world, including Carl C. of a two-day symposium on been given the thorough Icahn and T. Boone Pickens, and has under­ corporate law h eld at the and sustained attention written numerous major conferences on a end of October and spon­ they deserve." vlr:ide range of subjects relating to corporate sored by the Samuel and Buffett's letters draw on law and business generally. Ronnie Heyman Center principles of fundamental Among recent Heym an Center projects on Corporate Governance. valuation first fo rmulated was "Toking Stock: Reflections on Sixty Years More than 100 students, by Benjamin Graham and of Securities Regulation," an inquiry published scholars, and corporate David Dodd. They call for in the Cardozo Law Review marking the 60th leaders attended "The valuations of individual anniversary of the federal securities laws. It Essays of Warren Buffett: businesses and deny that featured a number of articles singled out by a Lessons for Corporate th e market always properly panel of corporate and securities law profes­ Lawyers." prices investmen t securi­ sors as the best pieces in the field during 1994. Over the past five years, ties. In a related theme, he a grov1r:ing number of corpo­ seeks to define the proper rate law scholars have role of corporate managers, turned to the legendary the stewards of invested of Buffett's ideas for corpo­ Buffett's letters and the investor's annual letters to capital, and the proper role rate law and elucidated the scholarly commentary will Berkshire Hathaway share­ of shareholders, the suppli­ legal and public policy be published in about a holders as a source of ers of capital. Buffett wrote implications of his posi­ year in a special issue of insight and guidance. the letters during a period tions. Five panels featuring the Cardozo Law Review. When Professor when the investment and more than 20 of the coun­ Plans call for portions of Lawrence Cunningham governance principles were try's leading corporate law the symposium to be p ub­ organized the conference, being constantly reevaluat­ scholars discussed corpo­ lish ed in a book edited by he explains, his motivation ed in academic and finan- rate governance, mergers Professor Cunningham for "was to correct an ineffi- cial circles. and acquisitions, corporate use in law and business ciency in the marketplace The conference clearly finance and investing, and schools. of ideas. These letters exist- recognized the importance accounting and taxation.

CONFERENCE PARTICIPANTS

William W. Bratton Jeffrey N. Gordon William A. Klein Charles Munger (Rutgers at Newark) (Columbia) (UCLA) (Berkshire Hathaway) James D. Cox Robert W. Hamilton Bevis Longstreth Dale A. Oesterle (Duke) (Tuxas) (Debevoise & Plimpton; (Colorado) Lawrence A. Cunningham James P. Holdcroft Columbia) James R. Repetti (Cardozo) (Republic New York Louis Lowenstein (Boston College) Deborah A. DeMott Corporation) (Columbia) Lynn A. Stout (Duke) Henry T.C. Hu Jonathan R. Macey (Georgetown) Melvin A. Eisenberg (Texas) (Cornell) Elliott J. Weiss (Berkeley) Calvin Johnson Ira Millstein (Arizona) Tod J. Fiflis (Tuxas) (Weil, Gotshal & Manges Charles M. Yablon (Colorado) Edmund W. Kitch LLP; Yale) (Cardozo) Jill E. Fisch (Virginia) Lawrence E. Mitchell (Fordham) (George Washington) Library Acquires that belies its age," notes Volume 400,000 Wishart. "Attaining this milestone further illustrates the incredible scope of the According to Lynn Wishart, materials." Director of the Chu tick Law Library, on June 30 the Decline of the Nation Library's collection exceed­ ed 400,000 volumes and State is Topic of volume equivalents. "Our Discussion

"The Decline of the Nation State: Its Effect on Econom­ Prof. E. Nathaniel Gates (second from left) was moderator ic and Constitutional Law," of a panel, "South Africa: The Legal Impact of Change," held at Cardozo last spring and presented by t he Cardozo a conference supported by Journal of International and Comparative Law and the the Samuel and Ronnie Cardozo International Law Society. Guests included Heyman Center on Corpor­ ate Governance, was held Penelope Andrews, Professor of Law, City University of New York; Marco Masotti (far right), attorney, Pau l Weiss, at Cardozo last spring. Rifkind, Wharton & Garrison; and Stephen Grundlingh, Conceived and organized Consul General, South Africa. by Professor John 0. McGinnis, the conference collection , which has been looked at such issues as the developed over the past 20 rise of global free trade and illtimately the question organizations would trans­ years, is significan t for aca­ its impact on the traditional addressed was whether form the constitutive law of demic research and pro­ abilities of nation states to vesting such governmental nation states, including the vides a depth and breadth regulate economic activity. authority in international US. Speakers at the confer­ ence, who came from law schools around the country as well as from government offices and law firms, looked at economic and constitutional law issues in specific areas such as an titrust, trade law, and agricultural law. The con­ ference proceedings will be published in the fall issue of Cardozo Law Review.

Tanenbaum Square Dedicated

Family and friends of the The 1996 Cardozo Law Revue Show, "Little Crop of Lawyers," was performed for a sold-out late Steven E. Tonenbaum house of students, faculty, administrators, and friends. As in years past, the stars of the show '95, gathered in the third were the students, who wrote and performed the nearly two-hour piece. Amy Gitlitz and floor student lounge to ded­ Jeff Marx of t he class of '96 were producer and director respectively. Professors Burt Lipshie, icate a section of the room Stewart Sterk, Gary Galperin '80, and the late James Lewis also participat ed. to his memory. The loca­ tion is named Tanenbaum

CA RDO Z O LIF E Square because, during his years at Cardozo, Steven was known to be found frequently here "holding court." Frank J. Macchia­ rola, form er dean; Steven's parents, Linda and Jay; and Colin Markes, recipient of the 1996 Steven Eric Tunen­ baum Leadership Award, honored Steven with mov­ ing eulogies.

School to Expand Facilities and Upgrade

Technology The 13th Annual Entertainment and Communications Law Moot Court National Competition, presented by the Cardozo Moot Court Honor Society and BMI, a perform­ ing rights organization, featured 24 teams from 20 schools. Shown here at a BMI recep­ It was announced at a re­ tion are members of t he Moot Court Honor Society, faculty members, and BMI staff and cent CSL Board of Directors others. They are (from left) Robin Harrison Kaplan '96; Elaine Cheng '96; Dean Ellen meeting that both the 9th Cherrick; Samantha Leventhal '96; Theodora Zavin, BMI Senior Vice President and and 11th floors of the Brook­ Special Counsel; Prof. Marci Hamilton; Judge Stephen Reinhardt, US Court of Appeals dale Center will be avail­ for the Ni nt h Ci rcuit; Judy Safer, BMI; Shira Mermelstein '97; and M iriam Nunberg '96. able for use by Cardozo. This will enable the Law School to expand its library •••••••••••••••••••••••••••••••••••••••••••••••••••••• facility, increase some of its administrative offices, and bring the clinics and stu­ dent publications offices, now located on the 17th floor, into closer proximity. Plans are being made to expand the Chutick Library, which occupies the 6th , 7th, and 8th floors, into part of the 9th floor as well. According to Dean David Rudenstine, "The Univer­ sity has acted swiftly to meet our current need and supp01i us as we seek to strengthen our programs and increase our technolog­ Three women students won the 17th annual Paulsen Moot Court Competition held in ical capabilities." Members September. The competition this year dealt with the issue of physician-assisted suicide of Cardozo's Board, Dean and consisted of brief-writing and oral argument rounds. Judges for the final round Rudenstine, and representa­ were US District Judge Edward R. Korman, New York County Supreme Court Judge tives from Cardozo and YU, Stephen G. Crane, and attorney Cameron Clark, who wrote an amicus brief for a case are working with architects involving New York's prohibition against assisted suicide. Winners were Janet Lipinski on the best design to utilize '98, named best oralist and runner-up for best brief; Dawn Zuroff '97, named for best the space and anticipate brief; and Neeru Chhabra '97, runner-up in the finals of the oral round. Robert L. Jones MIS requirements. '98, shown here, was a runner-up in the final oral round.

FAL L 199 6 FACUL~~efs

Four Professors his clerkship for Justice Join Faculty Fred H. Dore of Washington State Supreme Court. Prior to that, he was an associate This fall, four new profes­ at Culp, Dwyer, Guterson sors joined th e Cardozo and Grader in Seattle. faculty; John Fitzgerald Huigens holds an AB. Duffy, Kyron James summa cum laude from Huigens, Melanie B. Leslie, Washington University and and Scott J. Shapiro have a J.D. from Cornell Law accepted three-year School. appointm ents as assistant Duffy Huigens professors of law. Dean Melanie Leslie, a 1991 Rudenstine notes, "These Torts and Administrative recently has focused his magna cum laude graduate four are the new generation Law and pursuing his research on creating a of Cardozo, and a visiting of scholars. They represent research on the relation­ general theory of criminal professor here last year, diverse inte1lectual direc­ ships between tort, admin­ law fram ed by Aristotelian teaches Property, Trusts & tions and come to us with istrative, and criminal law. ethics. As a deputy prosecu­ Estates Law, and Evidence. significant and socially He is also doing research ting attorney in Washington Before working as an asso­ relevant professional expe- and writing on communica­ State, he prosecuted cases ciate at the NJ firm of 1ience. In the tradition of tions law, an area of exper­ involving adult sex offens­ Mccarter & English from Cardozo's founding dean, tise he developed in private es, domestic assaults, child 1992-1995, she clerked for Monrad Paulsen , we have practice. He holds an A.B. abuse and child sexual Justice Gary S. Stein of the hired outstanding individu­ in physics cum laude from abuse; as wen as juvenile Supreme Court of NJ. She als com mitted to writing Harvard College and a J.D. homicide, assault, robbery, was a Jacob Burns Scholar and teaching." with honors from the and drug offen ses. In pri­ and the 1991 recipient of University of Chicago Law vate practice, he specialized the Jacob Burns Medal for John Duffy comes to School. in criminal defense and outstanding contlibution to Cardozo from government family law. His interest in a law journal. Leslie, who and private practice. He Kyron Huigens is teaching climinal law began during writes on trusts and estates, was an attorn ey-advisor in Criminal Law and Criminal Leslie Shapiro the Office of Legal Counsel, Procedure while continuing US Department of Justice to represent several defen­ from 1990-1992 and an dants in challenging the associate at Covington & constitutionality of Wash­ Burling from 1993-1996. ington State's Initiative 593 Duffy clerked for both (Three St1ikes and You 're Justice Antonin Scalia of Out), legislation that man­ the US Supreme Court and dates life sentences for Judge Stephen F. Williams offenders with three convic­ of the US Court of Appeals tions for violent crimes. He for the District of Columbia. has published several arti­ This year, he is teaching cles on criminal law and

1 0 CARDO Z O LI FE has just published an article provisions of the Private It, Don't End It." His paper the National Association of on testamentary freedom. Securities Litigation Reform "Justice Stillborn: Of Criminal Defense Lawyers. She was executive editor of Act of 1995 on the article's Cherokees and Fugitive This is the highest award Cardozo Law Review and is proposals and cited it twice Slaves; The Normative given in the field. He was a the faculty advisor to the in the Conference Commit­ Avoidances of an Unprinci­ featured speaker this sum­ journal. She holds a B.A. tee Report. The Act amends pled Judiciary" given at the mer at a conference of the from the University of the Securities Act of 1933 Association of the Bar of International Association Oregon, where she majored and the Securities Exchange the City of New York and for Human Identification in theater. Act of 1934, the two main broadcast on C-Span will be held in Japan. federal securities laws. published in a forthcoming SPEECHES - PANELS - PAPERS Last May, Scott Shapiro issue of Cardozo Law received his Ph.D. in philos­ Paris Baldacci was named Review, which just pub­ Lester Brickman contin­ ophy from Columbia chair of the Housing Court lished his article, "Estranged ues to appear in print and University, from which he Committee of the Associa­ Fruit: The Reconstruction at meetings on the topic of also received an M.A. and a tion of the Bar of the City Amendments, Moral tort reform. He spoke this B.A. He holds a J.D. from of New York, which makes Slavery, and the Rearticula­ summer at the annual Yale University and spent a him a member of the tion of 'Lesbian and Gay' meeting of the American year at Oxford as a visiting Judiciary Committee as Identity." Legislative Exchange Com­ academic. Shapiro's interest well. This is a three-year mission (see p. 28) and was in law began during his appointment. He is also a Barry Scheck received the invited by Forbes Magazine sophomore year, when he member of the Board of Robert Heeny Award for to be on a panel with Judge clerked for US District Directors of Brooklyn Legal Outstanding Achievement Robert Bork and John M. Court Judge Pierre N. Services, Corporation A, in Criminal Defense from Olin of the American Leval. Since 1995, Shapiro serving the Williamsburg has been a volunteer attor­ and East Brooklyn neigh­ ney at the Center for borhoods. He is a member Wishart Wins Battered Women's Legal of that board's executive Top Librarian Award Services in New York. His committee and chair of its background in philosophy personnel committee. His Lynn Wishart, who has been has influenced his current article, "An Introduction to the law librarian at Cardozo theoretical research into the 'Mandatory HIV Screening for 13 years, received the rationality oflaw. Shapiro of Newborns: A Child's 1996 West Excellence in teaches Family· Law and Welfare in Conflict with its Academic Law Librarianship Jurisprudence. Mother's Constitutional Award. In making the an­ Rights?'-False Dichotomies nouncement at the annual PROFESSIONAL HONORS Make Bad Law" was pub­ meeting of the American John Beckerman, who lished in the recent issue of Association of Law Libraries returned to Cardozo this fall Cardozo Women's Law (AALL), Brian Hall, Presi­ after visiting Rutgers Law Journal. dent, West Information Publishing Group said that School for a year, authored Wishart has "demonstrated a keen determination to ·with Elliott J. Weiss "Let the E. Nathaniel Gates is a lead her law school in the use and application of Money Do the Monitoring: fellow this semester at inforn1ation technology. Her efforts have resulted in How Institutional Investors Harvard University's W.E.B. excellent library collections and services at the Can Reduce Agency Costs DuBois Institute for African Bertjamin N. Cardozo School of Law." in Securities Class Actions," American Research. He is More than 5,000 law librarians are members of which was published in the working there on his forth­ the AALL. Professor Wishait is the fourth recipient Yale Law Journal. This arti­ coming book, The Maginot of the annual award, which is the highest honor cle was selected by the Line of "Race~ In November, awarded to law librarians. Corporate Practice Commen­ he was invited by the New The selection committee, comprised of other law tator as among the best cor­ York County Lawyers' librarians and professors oflaw, stated that Wishart's porate and securities arti­ Association to give a paper "imagination, foresight, and energy exemplify traits cles of 1995. Congress at Fordham Law School, honored in the Award," and "the admiration of the based the "lead plaintiff" "Affirmative Action: Mend school's students and alumni is reflected by their extraordinary support for her nomination."

FALL 1996 11 Enterprise Institute at a sibility: Law's Relation to meeting of more than 150 Justice and D'.Amato's corporate leaders of the Deconstructive Practice" in nation's largest public and the Northwestern Law private companies. Review; and "Static and Dynamic Dimensions of Malvina Halberstam pre­ Right" in Western Rights) sented papers this summer Post-Communist Application, at the American Academics edited by Andras Sajo. for Israel's Future Confer­ ence held in New York; and Lela Love spoke on "The Noted author Calvin Trillin (right) was among the at the International Confer­ Role of Gender in Alterna­ ence on the Sources of tive Dispute Resolution" at many well-wishers at the reception marking the Contemporary Law, the Washington College of publication of Monroe Price's book, Television, The organized by the Ministry Law of American Univer­ Public Sphere, and National Identity. of Justice in Israel. She sity. She conducted training served for the sixth time on programs in her specialty the faculty of the National for the Michigan Supreme Marci Hamilton testified Comparative Law. During Security Law Institute Court and at the annual in September at Congres­ the summer she was a fel­ organized by the University conference of the Society of sional h earings on legisla­ low at the Center for Theo­ of Virginia Center for Professionals in Dispute tive delegation. She logical Inquiry in Princeton; National Secmity Law. Resolution. She served as addressed the Committee a visiting professor at St. There she lectured on inter­ mediator for a mock m edia­ on the Judiciary, Subcom­ Mary's University School of national law applicable to tion of a product liability mittee on Commercial and Law Summer Institute in terrorism. case in a program spon­ Administrative Law. Later Innsbruck, Austria; and still sored by the Association of that month she spoke on had time to speak at the an­ Arthur Jacobson has writ­ the Bar of the City of New copyright and religion at nual meetings of the Copy­ ten several articles recently, York, which aired on Court the annual meeting of the right Society of America including "Toking Respon- TV in September. American Association of and the American Associ-

Jim Lewis Dies at 84 Professor Lewis had an extraordinary legal career as a Professor James B. Lewis, founder and director of government official, practitioner, and leader of the tax bar. Cardozo's 'Tux Clinic, as well as a prominent tax lawyer He was a member of the international law firm of Paul, and author, died in May at the Weiss, Rifkind, Wharton & Garrison from 1955 to 1982, age of 84. Upon the announce­ and was counsel to the firm at the ti.me of his death. ment of his retirement earlier Early in his career, Professor Lewis held several legal that month, Dean Frank J. positions with the US Treasury Department and was also Macchiarola noted, "Jim Lewis special assistant to the Chief Counsel of the Internal has brought great intellect, expe­ Revenue Service. As a practitioner, he argued or participat­ rience, and h umor to his work at ed in the briefs relating to a number of important tax cases Cardozo. He has been an impor­ decided by the Supreme Court. He was a former chainnan tant member of the faculty and a of the tax section of the American Bar Association and a wonderful co11eague. We wi11 member of the American Law Institute, the New York miss his presence." State Bar Association, New York County Lawyer's The faculty had voted to give the Monrad Paulsen Association, the Association of the Bar of the City of New Award to Professor Lewis for exemplary service to legal York, and the District of Columbia Bar Association. education. His widow, Irene Lewis, and their twin sons, Professor Lewis was born in Lenox, Tennessee. He grew attended graduation in June to accept the award. A service up in Washington State, where he attended college, and to commemorate his life and legacy was held at Cardozo earned his law degree at Catholic University. He served in on November 12. the US Navy during World War II. ation of Law Librarians.

Michael Rosenfeld spoke at several conferences in Europe. In May, he was at the Institute of Human Rights of the Carlos III Uni­ versity in Madrid, where his subject was "Minority Rights and the Constitution: A Comparative Analysis." At the Institute for the Philosophy and Sociology of Law of the University of Genoa Law School, he spoke about his forthcom­ ing book, Just Interpreta­ tions: Law Between Ethics and Politics. Then, in J une, h e presented a paper at the Prof. William Volkhausen (center), who taught Banking Law at Cardozo for more than International Conference 15 years, was honored by the faculty and administration upon his retirement last on Ch urch and State, orga­ spring. Prof. Paul Shupack presented him with a humorous resolution naming nized by Central European Volkhausen "Adjunct Professor Emeritus." Volkhausen's wife, Grace, is shown holding University in Budapest; and the resolution. was a panelist at an inter­ national conference on ••••••••••••••••••••••••••••••••••••••••••••••••••••• Constitutional Justice held at the University of Paris.

Richard Weisberg addres­ sed the Cornell Law Faculty on his forthcoming book, Vichy Law and the Holocaust in France (NYU Press and Gordon & Breach), which is reviewed and serialized in the fall issue of Partisan Review. In November, he will be a resident fellow at the Wil1iam and Mary Law School, where he will par­ ticipate in classes, give a paper on Vichy, and advise faculty about interdiscipli­ nary approaches to the law.

Ellen Yaroshefsky was a Faculty, friends, and family attended the party for David Rudenstine's book, The Day group leader at the AALS the Presses Stopped: A History of the Pentagon Papers Case, which received rave Conference on Clinical reviews in papers around the country as well as from The London Times and Education in Miami last The Jerusalem Post. Publisher's Weekly named it one of the 25 best books of the year May. It was the largest con­ in the non-fiction category and the University of California Press has nominated it for ference ever sponsored by a Pulitzer Prize. Dean Rudenstine signed books for many, including Prof. Norman the AALS. Dorsen of New York University School of Law.

FALL 1996 1 3

An Interview with Marci Hamilton

Marci Hamilton has been a professor at Cardozo for seven competition as well as review the many student notes years. Her wide-ranging activities, which incorporate exper­ written in the copyright field. Then , because ofmy inter­ tise in both constitutional law and intellectual property, est in copyright law, Rosalind Lichter, one of our adjunct make her a visible and respected academic in both fields. She professors, suggested that we begin an Intellectual lectures widely, is a prolific author; and is now preparing a Property Law extemship. We always had and continue to case on religious freedom that has landed in the Supreme host frequent panels and speakers on intellectual prop­ Court. For the past two years, she has been director of erty issues. Cardozo's Intellectual Property Program, one ofthe most dis­ About two years ago, it occurred to me that all of tinctive programs in the country. She met with Cardozo Life th ese disparate programs deserved to be brough t u nder editor; Susan Davis, to discuss intellectual property, the one umbrella. With strong support from Dean Frank Internet, and contemporary legal issues. Macchiarola, we formalized the program. Since th en sev­ eral things have been accomplished. We have added an annual distinguished lecture series and an exten1ship SUSA N DAVI S: Will you define intellectual property law? program. The esprit de corps among the students in the MARCI HAMILTON: Traditionally it has been considered to field has increased. It's made a point to our faculty about be copyright, trademark, and patent law. In this new era, how important the field is for the future. We've acquired it's expanding daily into entertainment law, computer professors of the caliber of Bill Patry, who's first-rate in software law, the Internet, cyberspace law. Therefore, it's the copytight world. much broader than those three individual fields. And the nicest thing is that it makes real what's al­ ways been here and emphasizes to the legal and acade­ DAVIS: When did the Intellectual Property Program begirt mic community that we are very serious about the area. at Cardozo? HAM ILTON: This is a program that owes its origin to DAVIS: How do you think our program is distinct from Monroe Price, who started the arts and entertainment other law schools, both nationally and, maybe more law program her~ a number of years ago. Soon after I specifically, here in New York? came to Cardozo in 1990, I was asked to advise the Arts HAMILTON: I don't know of any other school that offers and Entertainment Law Journal and the BMI Moot Court the type of program that we do; it is quite distinctive. We have the leading arts and entertainment journal in the to Cardozo to capitalize on their experience. country, with a circulation that is the largest as well. DAVIS: And for those students who com e to Cardozo and With 16 courses at last count, our intellectual property specialize in intellectual property, what kind of career course offerings are among the most diverse in the coun­ can they look forward to, or where might they find them­ try. The BMI Moot Court competition is totally unique. selves working upon graduation? Teams from more than 20 schools come from all over the HAMILTON: There are many places. The most prevalent country and do first-rate work. job in a law firm is going to be in trademark law. No mat­ In addition, the writing that's being done by many ter what business, there is likely to be a trademark issue: members of the faculty like Monroe, Bill, Stewart Sterk, you can find copy1i ght work in the recording, publish­ and myself is cutting edge. We are attending lots of con­ ing, and computer software industries. ferences and spreading the word about Cardozo's intel­ Patent law is a more specialized field and is only for lectual property strength. those who have some advanced scientific understand­ DAVIS: Speaking of the AELJ, which is celebrating its 15th ing. Patent jobs can be found in law firms and the legal anniversary, what makes it the leading journal in the departments of high-tech corporations. field? bAv1s: Where might a student work if he or she partici­ HAM ILTON: None of the specialty law journals in the coun­ pates in our new Intellectual Property Externship? hy have the circulation of a Vanity Fair, but AELJ does HAMILTON: The placement office has secured some won­ have the largest circulation for its field; and I see it gain­ derful positions that provide hands-on experience in ing more and more credibility with both practitioners and copyrigh t, trademark, and patent law at leading firms in academics. It has put itself on the map by publishing the field, or with solo practitioners who do nothing but superb conferences and panel discussions. Therefore copyright or trademark law. we're getting better and better submissions. And as the Students have also been placed in the recording entire field grows in importance-it's becoming the single industry, where they have worked for leading record most important aspect of our count1y's GNP-this journal labels. And a significant number have been able to turn is going to become more central to both policymaking in these internships into full-time jobs. Washington and international decisionmaking. DAVIS: You began teaching a course, Cyberspace and the DAVIS: Cardozo has been known for years for its art and First Amendment, last spring. Can you give us some entertainment law program. As a result, do you think idea of the topics that are raised in this seminar? that the students that enroll here come with special HAMILTON: We focused on issues involving the liability of backgrounds in the arts, especially in comparison to bulletin board services, the possibility of online direct other law schools? democracy, and the question of who should be responsi­ HAMILTON: For some reason, perhaps because we're in ble for policing copyiight in cyberspace: the servers, the New York City, we seem to have more students who copyright own ers, the publishing industry, or the gov­ have been in the arts, the entertainment indushy, or the ernment. This issue is probably the most important, be­ sports industry, than any other body of law students in cause it will determine how the money is shared and, the country. therefore, who has th e power. I speak almost daily with a student who was a direc­ to1~ a producer, a filmmaker, or an author. We have lots DAVIS: For many people there is a fear that their com­ of songwriters and computer software designers. I have puter will ul timately be used to spy on their activities been truly impressed by the number of students who and personal life. have had serious experience in the arts and then come HAMILTON: There is that capacity.

I speak almost daily with a student who wad ire ct Or 1 a producer, a filmmaker, or an author.

1 6 CA RDOZO LI FE There's an interesting experiment taking place in pean students as well as members of the Hungarian high California where people are living in a house vvith com­ court. She has a gift for making people feel at home with puters embedded in the walls. The occupants communi­ her, encouraging people to talk about interesting and im­ cate with each other and with the Internet through the portant constitutional issues, and providing cogent ad­ computer, which they access through touch pads on the vice without being overbearing. She is an accomplished walls. If someone has a question about a recipe and diplomat to whom this country owes a debt of gratitude.

they're in the kitchen, they immediately access the DAVIS: Do you feel that she's doing a good job on the Internet. It is a completely computer-friendly environ­ Supreme Court? ment and the question is whether that will be the world HAMILTON: What I'm finding most interesting at this time that we will live in. It's hard to know. is her increasing discussion of the importance of legal

DAVIS: One hot topic these days seems to be the discus­ rules that are drafted for particular contexts. She's con­ sion of free speech and the Internet. Do you think we're stantly being criticized by, for instance, Justice Scalia, for any closer to some sort of resolution? not hev.ring to brigh t-line rules. She's developing a com­ HAMILTON: We don't even know what the Internet is yet, peting jurisprudence in which she argues, I think very so it is far too soon to tell what it promises. We don't persuasively, that constitutional law was not intended to know if it's a cable environment, a broadcast environ­ have bright-line rules that forsake justice and mercy in ment, or a satellite environment. We don't know if it's most cases. Rather, context-dependent rules more effec­ going to be dictated by a group of p1ivate servers or if tively serve the ends of freedom and ofjustice and mercy. each of us is going to become an individual server. This issue figures into the book that I'm working on I'm sure you've heard Ross Perot's claim that the called The Reformation Constitution, which studies the Internet means we now can have mass direct democra- influence in the 18th century of the Presbyterian Church . cy, massive town hall meetings. That prediction is much on the fo rmation of the Constitution. I'm focusing on the too premature. There's no indication that we have that meaning ofrepresentation and the meaning ofliberty in kind of capacity, or that enough people will be able to both the Presbyterian Church and the Constitution. afford this new era. They are very similar.

In fact, one of the most difficult political questions DAVIS: Do you have a timetable for the completion of the right now is whether governments should intervene in book? the market to provide universal access to online ser­ HAMILTON: My hope is to have it done in about a year and vices. Then we'll know how many people will be affect­ a half. ed and what kind of free speech issues are at stake. DAVIS: You are both a constitutional scholar and an expert DAVIS: Prior to your coming to Cardozo you clerked for in the area of intellectual property. Your role as a pro­ Justice Sandra Day O'Connor. What was she like? fessor is enhanced all the time by the kind of scholarship HAMILTON: I clerked for Justice O'Connor in the 1989 that you're engaged in, the testifying that you are doing, October term. She's the strongest, most fascinating and by your practice as an attorney. woman that I have ever had the honor of working for or Can you tell me about som e of the things on which knowing. And I have a sincere fondness for her and the you are working that you see as most interesting or crit­ deepest respect. ical to your teaching? Several years ago, she was with the Cardozo summer HAMILTON: I testified to Congress in September on a sep­ program in Budapest, where I had the honor of observ­ aration of powers issue. The invitation came as the ing her interactions with American and Eastern Euro- result of an article I published in the New York University

FALL 1996 1 7 We don't even know what the Internet isyet. so it is far too soon to tell what it promises.

Law Review on the constitutional role of the legislator. that will govern the polity. In my w1iting, I explain why My role at the hearing was to explain why the we do not have a system of direct democracy. The Constitution requires representatives to take back framers of the Constitution definitively rejected self-rule, responsibility for making the law. At the present time, or direct democracy, as a model for government. the constitutionally mandated balance of power be­ Although we have a system of widespread power to tween the legislative and executive branches is severely vote and to elect, we do not have a system where the peo­ skewed, as a result of congressional delegation of its ple make the decisions about what will be done at the appointed lawmaking responsibility to unaccountable 1"1.ational level. It's our representatives who must do that. executive branch agencies. In the area of intellectual property, I will deliver a I've also been working on a First Amendment case, paper at the annual meeting of the American Associa­ which was granted certiorari by the US Supreme Court tion of Comparative Law entitled, "Why the United in October. I am lead counsel for the city of Boerne, States Copyright System is the Leading Paradigm for Texas, in a case challenging the constitutionality of the Copyright Law in the Information Age." Religious Freedom Restoration Act. I'm expecting to DAVIS: ·what is your vision for the Intellectual Property argue the case in February. Program at Cardozo? DAVIS: What are the facts of the case7 HAM ILTON: First, I hope that we increase the number of HAMILTON: The city of Boerne has asked the Catholic students benefitting from the externship program. There Church to abide by historical preservation rules as it ren­ are significant prerequisites for participation , a fact that ovates its church , which is in a beautiful historic dish·ict. has intimidated a few students. But practitioners who The two sides were unable to come to an agreement and have employed our students have been very grateful. So the Catholic Church filed suit, claiming among other I hope that we can persuade more students to do the things, that the city was violating its right to the free hard work and to be a part of the program. exercise of religion as secured by the Religious Freedom Second, I'd like to see us expand and sh·engthen our Restoration Act (RFRA). in ternational intellectual property offerings. Intellectual The District Court judge ruled that RFRA was beyond property is no longer just a dom estic issue. It has clearly Congress's power and therefore unconstitutional. The become an international problem with an international Fifth Circuit then reviewed that decision on expedited set of concerns. appeal, holding that it is constitutional. And now we're DAVI S: As you know, Cardozo is beginning its 20th anni­ appealing that decision . versary celebration. What kind of birthday wish might Doug Laycock from the University of Texas, who is you make for it? perhaps the leading law and religion scholar in the coun­ HAMILTON: I think it's time for Cardozo to realize that it try, is representing the Catholic Church. He was instru­ has made its mark. The scholarship that's been produced mental in drafting RFRA and composing the legislative by the faculty over the 20 years has been absolutely first­ history. In a recently published editorial in The Wall rate. Our students are interesting and challenging and Street Journal, I chronicled the unreasonable burdens those at the top of their class are as good as those stu­ RFRA has placed on state and local governments as well dents at the top of any other law school's class. as the taxpayers' pocketbook. Now I would like Cardozo to expand its mission to Corning up are a variety of conferences, incl uding engage in wide-ranging interdisciplinary approaches to one at the University of Chicago, where I will talk about the law. We've done a wonderful job so far and we can direct democracy, specifically on what's v-rrong with it as certainly do more, but not without se1ious investment in a constitutional matter. this institution . DAVIS: And direct democracy is- And so, I guess, the greatest birthday gift for Cardozo HAMI LTON: Direct democracy is the notion that the people, would be more outside donor support. It seriously needs in town-meeting style, come together and make decisions it and truly deserves it. •

1 8 CARDOZO LIFE CUSTOM, CURRENCY, A N D COPYRIGHT riginal rf and the $10 Note

In 1988, the Federal Reserve Bank of Australia issued a special $10 bank note as.part of th e national celebration commemorating the bicentennial of European settlement. Printed in several colors and finely engraved, the note is quite beautifu1. On one side there is a ship of the First Fleet, its sails billowing, stationed in one of the many bays associated with Sydney, an idyllic landscape in the back­ ground. Ranged across the sky is a parade of fi gures important in the Monroe E. Price two centuries since settlemen t: a colonial couple, a convict woman, Joseph and Sadie Danciger a bushranger and a sheepshearer, a Depression swaggie, and a con­ Professor of Law struction worker. On the other side of the bank note are images rep­ and Dr. Aimee Brown Price resenting Aboriginal Australia: in the fo refront, a ceremonially paint­ ed Aboriginal youth; to the left, a so-called x-ray figure type and sten­ cilled hands from rock painting; and, finally, a Morning Star Pole, a hallowed religious object of certain clans. his little essay is about the way in which our cacy would contribute to the note's secmity from coun­ lives and our scholarship intersected with terfeit. The Aboriginal Artists Agency, apparently with­ this extraordinary piece of currency and out telling Yumbulul how, specifically, the image would the law relating to the reproduction of be used, sought his signature to a blanket license for all TAboriginal imagery. During the summer and part of the his work and for all purposes. fall of 1996 (winter and spring in the Antipodes), we Yumbulul signed; and ultimately, the Reserve Note were invited to teach at the University of Sydney, and to was published incorporating a representation of the lecture at the Faculty of Law and the Power Institute (the Morning Star Pole sapped of color, shown horizontally, art history department there). In addition-thanks, in its size and scale unclear behind an Aboriginal figure. large part to Professor Richard Weisberg-we were invit­ There was other Aboriginal imagery on the same side of ed to give a keynote address at the 1996 Australian Law the bank note and the First Fleet ships and the parade of and Literature Conference in Darwin at the "Top End" of Australian types m entioned above on the other. Australia. According to the case, Yu mbulul's clan became In searching for an appropriate topic-one that extrem ely upset that the sacred object was so used. brought together our somewhat disparate specialties of Authorizing a reproduction of the Morning Star Pole for law and art-we stumbled across a recent Australian museum use in five institutions around Australia was case called Yumbulul v. Federal Reserve Bank, involving one thing, but its mass use, on currency, was a profana­ the comm emorative note described above. Here are the tion. Control over imagery, as we were to learn, was cen­ facts, or at least some of them, in a nutshell. Torry Yum­ tral to Ab01i ginal belief and life, and poor Yumbulul, who bulul was born on Wessel Island on the coast of Arnhem was responsible to the clan to protect the imagery he was Land, in Aush·alia's far North. He is an artist, by his own given permission to make only for a specific purpose, and Western reckoning. Besides, he had authority with­ would have been the object of severe scorn and punish­ in his own clan to make certain ceremonial objects and ing ostracism. To cleanse and reinstate himself the artist paint certain sacred designs. This included the right to sued the bank, alleging that he did not know what the make Morning Star Poles, objects used in the spiritual rit­ license was for and had been fraudulently induced to ual of burial ceremonies and of crucial importance, sign the agreement. according to some retellings, in guiding the soul of the The court's decision-namely that the license was deceased to th e land of the dead, uniting those who have valid-was fascinating as a text and as an insight into the died with their spiritual ancestors. way the dominant society perceives Aboriginal ways and In the mid-1980s, Yumbulul was commissioned by a Aboriginal art. The court served as an organ called upon dealer to make five such poles to be sold to various to articulate legal views and harmonize, if possible, the museums, including the Australian Museum in Sydney. two. For two New Yorkers about to spend several months He was authorized by his clan to make Morning Star Pole in Australia, analyzing the case and learning about the reproductions for these educational purposes. While subject was too attractive an opportunity to forego. We there are some variations among these poles, they seem, were unwilling to admit the obvious, namely that we generally, to be about five feet long, are \-vrapped \..vith knew too little (to put it mildly) either about Australian strings at certain junctures, and are colored with ochre law or Aboriginal art. and other earth tones. Ordinarily, because of their im­ At the outset, we wanted to raise a few questions, portance to the clan, the authentic and ceremonial prompted by a 1993 book by Francis Haskell, History and Morning Star Poles- not the museum replicas-are kept its Images: Art and the Interpretation of the Past, as to from view, even from view by Aboriginal people, in whether art-painting, sculpture, and even the portraits woven dilly bags. on coins or other currency-can ever properly and con­ Shortly after Yumbulul's poles were put on exhibition fidently be used as evidence of social movements or data in the m useums, Anthony Wallis, then director of the concerning moments of history, and, to render the point Aboriginal Artists Agency, a society that acquires exclu­ somewhat narrow and parochial, evidence of law and sive licenses from the artists and then provides sub­ the meaning of law. Can one peer into a painting, such licenses to commercial users, was approached by the as that of a slave auction, and gain greater insight than Reserve Bank of Australia to assist in finding suitable one can from a text oflaw or a judicial decision about the Aboriginal artwork for use in the issuance of the com­ legal aspects of a given institution or set of practices? memorative $10 note. After selecting various well­ Can one gain insights into perceptions of justice from known artists, th e Bank made it known that it specifi­ looking at images of, say, an allegorical figure of Justice cally wanted to use a representation of the Morning Star with blindfold and scales, or the court of Solomon with Pole in the Australian Museum, in part because its intri- weeping mothers contending for an innocent babe?

20 CA RDO ZO L IFE But we soon realized that the Yumbulul opinion pro­ much drama there is, and the design and arrangement of vided an opportunity for a different inquiry: an exami­ the figures in the opinion. The opinion reads like a com­ nation of an unusual judicial essay on social attitudes memoration painting, in which the European settlers­ towards Aboriginal art and a primer on the cortjunction the Reserve Bank, the art consultants, and the lawyers­ of Aboriginal art and commerce. And there might be yet are all on one side, and the Aboriginals-Yumbulul him­ another approach, a high-wire inquiry particularly suit­ self, the clan of elders, and the Morning Star Pole-are a11 able for a law and literature get-together. Was this judicial on the other. In the middle is the license agreement opinion about an image like a painting? (between Yumbulul and the Aboriginal Artists Agen cy), This requires a bit of explanation . A hobby of the law much as the treaty is located in th e middle of commem­ and literature movement is to try to determine how oration paintings portraying friendly colonists and the j udges are different from or the sam e as non-robed indigenous people with whom they deal. authors and how judicial texts are the same as or differ­ This allowed us to see the j udge as, consciously or ent from novels or unconsciously, incor­ other literary forms. porating or referring to Professor Weisberg, fol­ grand themes. We saw, lowing Justice Cardozo, in the opinion, a cer­ is one of the prime tain kind of iconogra­ scholars pushing judges phy, a way of sketching to think, from time to portraits and creating time, like authors and an ensemble. to take the literary risks There's an impor­ and reap the literary tant similarity, too, rewards that result b etween the license from a more authorial agreement in Yumbulul practice. We wanted to and the treaties depict­ extend this conceit to ed in th e traditional the judge, on the one commemoration paint­ hand, and the maker of Penn's Treaty with the Indians, 1771-1772, Benjamin West ings. 1teaties that were

graven images on the COURTESY Of THE MUSElJM OF AMERICAN ART OF THE PENNSYLVANIA ACADEMY Of THE FINE ARTS PHILADELPHIA characterized as instru- GIFT Of MRS SARAH HARRISON (THE JOSE.PH HARRISON JR COlLECTlONJ other. ments of accord were The opportunity presen ted itself because of the sub- almost always, as we11, instruments of control. They rep­ ject matter of the opinion and the subject matter of the resented the settler's or colonist's view of law; and the image that was the cause of the litigation. Remember document itself, as a determinant of a relationship , rep­ that the Reserve· Bank was issuing this note in 1988 to resented the triumph of the new law over ancient cus­ commemorate the first European settlement of Australia tom. Here, too, the contract-the license agreement in 1788. As a result, the bank note, we thought, was part between the Agency and Yumbulul-turns out to have of a history of graphic arts, paintings, and murals that more powerful significance than the Morning Star Pole deal with the con frontation between settler anp or the customary expectations of the clan. Abo1iginal cultures. An example is Benjamin West's Penn's Treaty with the Indians at the Pennsylvania Is Aboriginal art "art"? Academy of the Fine Arts in Philadelphia. As we though t more about the j udicial opinion, we nother aspect of our work on this subject began to see it-like the note itself-as a recapitulation that extended throughout our Sydn ey stay of these paintings commemorating settlement. How­ and beyond was trying, somewhat unsuc­ ever, there were differences between us on this question, cessfully, to come to grips with an impor­ Atant question: If j udges, like the judge in YumbuluZ, clas­ to be sure, with the law professor insisting on reading the opinion as if it were a painting, and the art historian sify the Morning Star Pole as an art object, does such a wanting to leave everything in its proper category. classification affect judicial decisions concerning owner­ The main argument for placing the judge in the tra­ ship and control? Certain Abo1iginal objects made from dition of artists making commemorations of settlements wooden poles, or paintings that were traditiona11y made (much like the paintings showing American Indians on bark, but now often on canvas and paper, were clear­ meeting peacefully with colonists from England) had to ly art, fascinating and glorious, executed as a commodi­ do with how the judge develops the characters, how ty for secular exhibition, co11ection, and sale with know!-

FAL L 1996 2 1 edge of the ways of Western capitalistic commodity cul­ collections of Tibetan art and artifacts. One altar in the ture. Indeed, much of what is being created is "art" in the exhibition serves as a real altar that is visited by Tibetans sense that it is conceptualized in Western societies and who view it as a holy place. To us, there was something in American law. Aboriginal work has becom e a highly jarring, if intriguingly so, about this. There are many marketable commodity, which puts it squarely in the once sacred objects in museums, but they are not often context of commerce and law. An article in the Sydney there exercising the power that comes from their sacred­ Morning Herald on September 10, 1996-part of a review ness. Christian icons, and those of other religions, fill of a new book called museums, but they are Songlines and Dreamings rarely objects of prayer. by Patrick Corbally­ They are there for their quoted the author as aesthetic value, or as eth­ believing that Aboriginal nological or historical art "might be considered representations. the Impressionist move­ In Yumbulul, it was im­ ment of the late 20th cen­ portant for the clan and tury, and could have a the artist (if that's the similar lasting impact in 1ight word for Yumbulul) terms of artistic respect, to indicate that objects if not price." like th e Morning Star But just as Aboriginal Poles "made for public art was being treated display" and not for cere­ increasingly as a com­ monial use still had modity, it is also clear "sacred power" deriving that aspects ofit are to be from the "spirits which treated differently than he believes created the the way in which the land of his mother's peo­ products of professional ple." If these were merely artists in the United objects-without the di­ States and elsewhere are vine penumbra-Yum­ treated. Just a few days bulul's argument that re­ before the review of production on a bank 'I-le wants to know if he may make Corbally's book, there a small sacrifice in front of it. • note could not so easily was an article in the have been licensed might DRAWING BY CHAS ADDAMS C) HM I THE NEY/ YORKER MAGAZINE_ INC newspaper The Australi- be less compelling. an about the country's most famous Aboriginal woman Our keynote talk in Darwin was, like many scholarly artist, who had recently died. In keeping with the endeavors, the beginning ofinquiry rather than the end. Aboriginal custom that the name of a deceased person is Issues in law-authorship, the function of copyright, the not spoken or written during a specified period, the arti­ role of customary law, and the niceties of duress in con­ cle refrained from printing the name by which she was tract-were all presented by the $10 Federal Reserve known. The newspaper recounted, as well, the "added note. And so, as well, were larger issues in art history­ complication" that as a result of Ab01iginal tradition , her the relationship of the religious to the mundane, the images migh t not be mountable in public for a substan­ desacralization of images, the genre of works commem­ tial period of months. Some images and objects are reli­ orating settlement, the role of official imagery, the selec­ gious in nature, sacred, somehow beyond the confines of tion of imagery for official government currency, the use art; and are to be protected in ways other than the of images for dom ination and control. From the Morning regime of copyrigh t. Star Pole in Arnhem Land, a treatise in art and law could These works were to be considered not just things to be written. • be mounted on walls, not just things passing through a customhouse and traded by dealers, but, rathe1~ objects Aimee Brown Price received her doctorate in art history from of significance hard to comprehend in terms of art as Yale University and specializes in 19th Century European commodity or even art for typical delectation. A few painting. Recently she curated an exhibition of the work of months before our trip to Darwin, we had visited the Pierre Puvis de Chavannes for the Van Gogh Museum in Newark (NJ) Museum of Art, which has one of the finest Amsterdam and was the author of its catalogue.

2 2 CARDOZO LIFE This fall marked the beginning of Cardozo's 20th academ­ ic year. With a variety of celebratory events scheduled well into 7997, it seemed only fitting for the first to be a trib­ ute to the founding faculty members who have been at

Cardozo since the School opened in 7976 . Mention was also given to those who were at Cardozo in 7976 but no longer teach here, including: Leslie Gerwin, Richard

Hobbet, Sybil Landau, and Telford Taylor.

Dean David Rudenstine hosted a reception during the first week of classes where alumni, faculty, students, and administrators gathered and shared stories about the his­ tory and founding of Cardozo. The program featured rem­ iniscences by alumni from the first class. Professor Monroe

Price, who was in Australia, sent a videotape of his re­ marks, a transcript of which follows.

Honoring the High Priests

nly kangaroos and emus could keep m e away from this extraordinary moment. I'm grateful for the opportunity to provide even a few 0 words of reflection on this the 20th anniver­ sary of the establishment of the most significant Amer­ ican law school founded in the last quarter-century . The reason I can make that statement-if not a bolder one-lies almost wholly with the vision of the founding dean, Monrad Paulsen: a founding vision made real and specific through the faculty he recruited for Cardozo. It is blissfully appropriate that our cycle of celebra­ tions commence with a tribute to that founding faculty. It's hard to capsulate Dean Paulsen's vision, but I can make a couple of analogies: one from the Jewish tradi­ tion and one from copyright law. In copyright, we make a distinction between the idea

23 20TH ANNIVERSARY

"The rapid transition of Cardozo from a fledgling law school to one of national stature

and recognized excellence is largely attributable to the faculty we honor here today. I ' It is they w ho have significantly shaped the identity of the School. It is a testament to ' II • their accomplishments that Cardozo graduates are an integral part of the legal community in New York and Washington and Cal ifornia. I am proud of Cardozo for creating the high standards against w hich I continue to measure the adequacy of my work as a lawyer. "

B01'1'-IIE KAVATTA-S TEI NC.AR 19 PARTN.R, FRIED, F~ANK HARRI'> SHRIVlR & JACOBSON

and the expression, realizing that for an idea to be pro­ Undoubtedly, much will be said of this special group tected, it must be expressed, made somehow tangible. of high priests we honor tonight-its brilliance, its dedi­ Paulsen's was the idea and the fa culty we honor tonight cation , its insistence on the highest of quality in teach­ was the expression. Without them , his idea could not ing and scholarship. I will add one .other factor that take root. Indeed, they, collectively, were the embodi­ seem ed to me stunningly and creatively present: The ment of the idea. founding Cardozo faculty was a veritable encyclopedia of From th e Jewish tradition, I want to make, with some the best of Ame1ican legal history. trepidation and fear of inaccuracy, the distinction Eva Hanks was the direct descendan t of Sonia between the Kohanim and the Levites, the two groups of Mentschikoff and Karl Llewellyn. Ed de Grazia was the the Temple: those who had access to the Holy of Holies, exemplar of a public interest scholar-lawyer: not only a the highest of priests and, then, those who served them. teacher, but one who fought in the courts for principles When I came to Cardozo in 1982, it was clear who the in which he believed, a user of both the pen and the high priests were and why they were here. It was they sword. Malvina Halberstam represented the great tradi­ who had access to the vision of Monrad Paulsen and tions of public international law-with its centuries of were personally selected by him. We all have been development and the spirit of Louis Henkin, one of Levites who have come after. Yeshiva's own. Lester Brickman , whose later service as

Cardozo Founding Faculty

Lester Brickman Edw ard de Grazia Malvina Halberstam Eva Hanks John Hanks Peter Lush ing Jonathan Silver Members of the founding faculty received honorary plaques from Dean Rud enstine. Jonathan Silver; John Hanks and his w ife, Fran Condon; and Malvina Halberstam are show n here . 20TH ANNIVERSARY

"What was unique for us was that this faculty not only served as our teachers, but also as our

upperclassmen. And I say that with a certain amount of emotion because there was something very intimate, zealous, and caring about the way in which they carried out that task. I think of how often classes would stop at the end of the hour, and then simply resume again outside in the hallw ay. They gave us the confidence to draw the most out of that first-year experience."

-DAVID<; ~01\ZENIK '79 PARTNER, MILLE!l ANC KORltNIK .LP, ADJUN( T PROF.~SOF<

dean was indispensable to the survival of the School, had of Cardozo, it would be a very different place. already been one of the giants in bringing the law clinic I could go on and on with each one ofMonrad's amaz­ movement to legal education. Jonathan Silver arrived ing starters in the race to make Cardozo a superb and dis­ having already vvritten and worked with Bernard Wolf­ tinguished institution. But you get the idea. This was to man, one of the greats of law teaching. Peter Lushing become a great law school because it had, from the was in the tradition of the witty, acerbic, and brilliant beginning, a great faculty embodying the very, very best enfant terrible. And John Hanks brought not only the tra­ of American legal education. dition of law and economics, but that of the law profes­ In Sydney, Australia, and among scholars around the sor whose contribution to administration is invaluable. globe, there is appreciation and understanding of Without John's extraordinary contri­ Cardozo's enormous-out of all expected scale-scholar­ butions to the management and growth ly contribution to so many areas oflaw, especially to the ideas themselves oflaw and justice. I think and hope that we who have followed have Jenny Paulsen, Dean Paulsen's widow, is often on been true to Monrad and the founding group, even as the campus. She attended the party and is shown here vision of Cardozo necessarily evolves. at the Paulsen Moot Court Competition. But how do we know-we're only the Levites.

Prof. Eva Hanks, who is on sabbatical, Prof. Peter Lushing celebrates Cardozo's 20th Anniversary. was unable to attend the festivities. David Korzenik '79, is behind him. Cardozo's founding faculty. 20TH ANNIVERSARY

Cardozo Law School from its infancy. I believe that Cardozo's Deans in the years to come, the entire legal profession, and especially the student body of Cardozo, will feel by Michael Herz ever more indebted to you as they realize the ·supe­ Associate Dean of Academic Affairs rior legal education that distinguishes this school. President Lamm's words were prophetic. Cardozo celebrates its 20th anniversary, it is LESTER BRICKMAN When ill health prevented Dean lain that the School has been not simply Paulsen from continuing as dean in the fall of 1980, the nazingly successful but also awfully lucky. University turned to Professor Lester Btickman to step mong its happiest pieces of good fortune has in as acting dean, a position he held for almost two years. been the string of remarkable deans that have led the Lester was a member of the School's founding faculty school since its founding. and had taught at the University of Toledo Law School MONRAD PAULSEN As someone who arrived at Cardozo before coming to Cardozo. He took over at a critical junc­ once it was well-established, I am consistently struck by ture. The School had graduated only two classes; it was how almost every reminiscence (at least every happy not yet accredited; and its future was still uncertain. reminiscence) of the early years at Cardozo revolves Only because of yeoman labor by Dean Brickman, in­ around "the Great Dane," the founding dean Monrad cluding his overseeing a site visit and extensive presen­ Paulsen. tations and discussions, did the ABA finally grant Car­ Monrad Paulsen was the dozo full accreditation. Lester was also responsible for first person hired at Cardozo. obtaining funding for and establishing the C1iminal Law It is no exaggeration to say Clinic, and for establishing the Arts and Entertainment that the Cardozo School of Law Journal. He returned to full-time teaching and schol­ Law was built by, on, and arship in 1982, when Monroe P1ice left a professorship at around Monrad Paulsen. It the UCLA Law School to assume Cardozo's deanship. was he who gathered the M ONROE PRICE Monroe is the first of Cardozo's deans founding faculty and put in that I personally saw in action. He is someone who is place all the basic institutions absurdly overextended; he always has a thousand things of a law school. Monrad thus going on at once. My main mental image of Monroe as was essential in every way to dean is of him flying through the halls-tie askew, jack­ the initial and ultimate suc­ et flapping-and stopping to pick up a phone to make a cess of the Law School. As quick call to someone in the building while he was dash­ dean of the University of ing, already late, from one meeting to the next. During Dean Paulsen Virginia School of Law, a his deanship, the school took on some of this character. nationally known scholar, The Price years were filled with activity. His significant and a widely quoted authority, Dean Paulsen gave the achievements include the Accelerated Entry Program, school instant legitimacy just by agreeing to run it. More the founding of The Sam uel & Ronnie Heyman Center importantly, Dean Paulsen lent his sound judgment, on Corporate Governance, creation of the Bet Tzedek acute eye for faculty talent, and broad-ranging interests and Criminal Appeals Clinics, hosting a variety of stun­ to the early years of the school. ning symposia supported by the Jacob Bums Institute When I became associate dean, I had the exciting, for Advanced Legal Studies, establishment of the indeed thrilling, opportunity to read over the minutes of Summer Institutes here in New York and various foreign faculty meetings from the earliest days-what some of programs for summer study, creation of the Center for the younger faculty members at Cardozo refer to as "the Professional Development, and the continued growth of Icelandic Sagas." One interesting tidbit that I came upon and support for the faculty-to name just a few. Most of is that Dean Paulsen officially resigned in December of all Price's tenure as dean was a period in which the 1978, planning to return to Virginia the following year. School discovered a new and extraordinary intellectual (Fortunately, he let himself be talked into staying at ambition. I recall meeting Monroe when I was trying to Cardozo.) In his letter regretfully accepting the resigna­ decide whether to accept a job at Cardozo or at another tion, Yeshiva University President Nonnan Lamm wrote: law school. I thought then that with Monroe as dean, We at Yeshiva University will be ever grateful to you Cardozo had to be the more interesting school, and I for your historic conh·ibution in developing the have never doubted that j udgment.

2 6 CARDOZO LIFE 20TH ANNIVERSARY

FRANK J. MACCHIAROLA After nine fruitful years, Mon­ Cardozo ever achieved), and classroom renovations. roe returned to teaching and scholarship as a member of Perhaps most importantly, he inculcated a culture of the Cardozo faculty, turning the deanship over to Frank community and mutual concern. Macchiarola in 1991. Unlike his predecessors, Frank was Frank's career, as he himself has often noted, has not a distinguished law professor; he was, instead, a dis­ occurred in five year segments. So perhaps it was pre­ tinguished just-about-everything-else. Best-known for dictable that after five years as Cardozo's dean, he wouid being chancellor of the New York City schools system, be off to new challenges. In June 1996, he became presi­ he was one of the few to hold that notoriously difficult dent of his alma mater, St. Francis College in Brooklyn. position and "leave office with his reputation intact" in DAVID RUDENSTINE A search for a successor is now the words of The New York Times. He had taught at the underway. While that takes place, the dean ad interim is City University of New York, Teachers College of David Rudenstine, who has been on the Cardozo faculty Columbia University, and the Columbia Business School; since 1979 and was associate dean for academic affairs and held a host of other positions in the public service during the last two years. His new book, The Day the arena. Thus, he brought to the deanship a wealth of Presses Stopped, a fascinating account of the Pentagon administrative expe1ience and, most of an , a commit­ Papers case, was featured in the last issue of Cardozo Life. ment to the highest ideals of education. The Macchiarola David faces new challenges as the 21st century ap­ years were characterized most, I think, by an intense proaches. Legal practice and legal education are being interest in the School's educational mission and its transformed by technological change, increasing global­ responsibilities toward students. Frank liked and respect­ ization, a downward turn nationwide in law school appli­ ed the faculty; he loved the students. The School was in cations, and a shifting market for legal services. I know many ways transformed during Frank's deanship: He that David is more than up to the task before him. I also oversaw huge increases in student financial aid, a new know that he will succeed not only because of his own student lounge, new elevators (seen by many as the talents, which are myriad, but because of the talents of largest single contribution to the quality of life at the four deans who preceded him. •

Deans Macchiarola, Price, and Brickman. To • A Way to Protect Custo111ers

Lester Brickman Professor of Law

The following is a speech delivered in The cervical collar August before the annual meeting of the is more than just a big American Legislative Exchange Council pain in the neck for (ALEC), an organization of several thou­ the Ame1ican motor­ sand state legislators and members of the ist who pays inflated private sector. insurance costs. It is a symbol of how the peaiing before the American contingency fee sys­ Legislative Exchange Council tem has spawned the to speak on tort reform injury industry. Two­ makes me feel a bit like one of thirds of auto acci- Elizabeth Thylor's husbands-I know dent claims for bodily harm what I'm here to do. The challenge is include whiplash. Despite all to make it interesting. the miracle cures of modern I'm sure many of you have seen the medicine, whiplash remains recent movies with Jack Lemmon and untreatable. Ever wonder why? Walter Matthau playing grumpy old Some Danish scientists, con­ men. I wonder whether you remem­ cerned about an epidemic of ber a movie they did 30 years ago, The whiplash claims, tried to find Fortune Cookie, in which Lemmon out. They selected a neighbor­ played a TV cameraman injured ing country that had a system of slightly while filming a football game state paid medical care but no and Walter Matthau played his attor­ auto accident litigation. If you ney. There is a memorable scene were injured, your medical expenses whiplash claims because nowhere else where Matthau visits Lemmon in his were paid by the state, but you could is the profit motive such an integral hospital room and, to his utter dismay, not get compensation for pain and suf­ part of the accident compensation sys­ finds Lemmon walking around and fering. What was the incidence of tem. Contingency fee math provides a looking much too healthy. He orders whiplash? Zero. People who had been clear explanation. As a rule of thumb, him to put on his cervical collar and to in accidents had no more or less pain and suffering damages-which get back into bed. Everyone watching chronic neck pain than people who account for almost 50% of total tort the movie knew exactly what was had not been in accidents. In other damages and were invented by judges going on. On cue, Lemmon would don words, chronic whiplash is not a med­ as a means of compensating contin­ his cervical collar and writhe in pain ical event, it is simply a reflection of gen cy fee la,vyers-are worth about while Matthau argued whiplash and the compensation system. three times actual damages, which are collected a 50% contingency fee. 111is country is the world leader in mostly medical expenses. Given the

28 CARDOZO LIFE incentive for lavvyers to run up a the aegis of the tort system have from 33% to 50%, the fee would be client's medical bills in order to run up increased faster than in virtually all calculated on an hourly rate as negoti­ contingency fees, it is no surprise that, other social transfer systems, includ­ ated with the client. If the settlement according to the Rand Foundation ing social security, Medicare, and offer is not accepted and the plaintiff Institute for Civil Justice, 35% to 42% workers' compensation. We, as con­ proceeds to suit, the attorneys can col­ of medical costs claimed fro m auto­ sumers, pay the costs of the tort sys­ lect a contingency fee only on the mobile accidents are fraudulent-the tem in the form of higher product amount awarded above the settlem ent result of contingency fee induced prices. The tort tax is every bit as real offer. The ethical requirement that claim build-up. These excess medical as the sales tax and aggregates about there be a contingency to j ustify claims cost the American consumer $150 bil1ion a year; as a percent of the charging a contingency fee-that is, $15 billion a year in higher auto insur­ GNP, it averages 2.2 times the tort that lawyers bear some realistic fee ance costs. Here's why. costs of most European countries. risk to justify charging a substantial When lawyers are hired to handle What we need are speed brakes to risk premium-would be restored. accident claims, medical expenses for slow the contingency fee engine to a The early offer settlement proposal the injuries average two to three times more moderate pace. Let me suggest a has also been introduced into the higher than for identical injury claims few approaches that differ fundamen­ Senate by former Senator Dole and co­ requiting the same treatment where tally from such traditional tort reforms sponsored by Senator McConnell. Re­ there is no lawyer representation. as capping types of damages or mak­ quiting that fees reflect value adding Auto insuran ce costs go up fa r in ing it more difficult to litigate claims. efforts rather than the monopolistic excess of inflation because attorney Instead of playing the takeaway game con trol that lawyers exercise over involvement in auto insurance claims and reducing the rights of consumers access to the tort system would have keeps going up, from 18.6% in 1977 to to sue for injury, I propose to give the profound consequences. Billions and 41.5% in 1992. consum er added rights. I propose con­ billions of dollars would be transferred One way to instantly double, triple, sumer protection laws to give con­ from lawyers-both plaintiff and de­ or even quintuple the number of med­ sumers choices with regard to the pur­ fense lawyers-and from medical care ical care visits for the average auto chase of auto insurance and protect providers, to injured claimants (in the accident claim is to enact a so-called them from fee gauging. form of higher net recoveries) and to no-fa ult law with a dollar threshold for Under an "auto choice" proposal, consumers (in the form oflower insur­ bringing suit. When Massachusetts introduced into th e US Senate by Bob ance costs). increased the threshold for bringing Dole on the day he left the Senate and It is possible to slow down the con­ suit from $1,000 to $2,000 of econom­ co-sponsored by Senators Mitch tingency fee engine and restore a ic damages, the median number of McConnell, J oe Li eberman, and measure of sanity to the tort system. medical treatment visits per claimant Patrick Moynihan, d1i vers would have Walter Matthau's telling Jack Lemmon immediately rose from 13 to 30 . a choice of whether to purchase insur­ to put the collar back on is symbolic of How can we remove the profit ance coverage similar to what current­ the collar that lawyers have put motive from the tort system and save ly exists, or coverage limited to paying around the necks of the American bil1ions and billions of dollars in un­ out economic damages and omitting consum er. You have the power to lib­ needed and fra udulent medical care pain and sufferi~g. Injured motorists erate the consumer from the lawyers' costs and lawyer fees? By fo cusing our would collect from their own insur­ grasp. It will be a formidable task to attention and efforts on the financial ance company regardless of who was convert the cervical collar into an his­ incentives that drive our tort system ­ at fa ult in an accident. If drivers chose t01ical artifact-one that will pit the on the contingency fee engine. coverage limited to economic losses­ interests of the injury industry and The contingency fee engine is run­ even though their coverage would be their legislative allies against those of ning at full throttle because lawyers substantially higher than most poli­ the business community and real pro­ have created a lucrative system that cies-they would save, on average, ponents of consumer rights. The bat­ enables them to get effective rates of 30% of current auto insurance rates. tle will be fought in the court of public thousands of dollars an hour. In my Over seven years, the total savings opinion and in state and federal leg­ writings, I document instances of would be about $300 billion. islative arenas. If the business com­ effective rates of $10,000 or even Under anti-price gauging legisla­ munity can learn from its mistakes, $25,000 an hour in contingency fee tion, when defendants make early set­ and move from playing the takeaway cases where there is no issue ofliabil­ tlement offers instead of enabling the game to becoming a champion for ity. It is no wonder, then, that the lmvyer to get a windfall by charging consumer choice and consumer pro- amounts of wealth transferred under standard contingency fees ranging tection, we can all win. •

FALL 1996 29 news ¬es ALUMNI

Class of '96 Elects $1,500 were given to Neil J. Competition. He was a the competitions editor/ Representatives Koren, Theresa B. Moser, member of the Order of the Paulsen editor of the Moot to Coordinating and Asher Rubinstein when Banisters, the National Comi Board, and a member they were 2Ls and to Elaine Moot Comi Honor Society. Committee of the Order of the Barris­ May Cheng, Joseph Roy Elaine May Cheng, B.A. 1 ters. She is a legal editor in ("Jay") McKechnie, Jr., and "University of Chicago, was the Intellectual Property Elections were held during Cindy Moy when they were the summer to fill two posi­ 3Ls. Rina Elizabeth Thran tions on the Coordinating received $2,000 this year Committee, the governing when she was named the body of the Cardozo winner of the Monroe E. Alumni Association. Elaine Price Scholarship. Cheng and Joel Schmidt Neil J. Koren, A.B., were elected to three-year University of Michigan, re­ terms represen ting the ceived the Felix Frankfurter Class of1996. Judy Abrams Award when he graduated is the alternate. magna cum laude from Cardozo. He was the editor­ in-chief of the Arts & Alu mni Association Entertainment Law Journal Scholarships go (AELJ) and is an associate at to Seven Sch ulte Roth & Zabel. Theresa B. Moser, A.B. , Stanford University, graduat­ Macchiarola Bids Adieu to Graduates Seven members of the class ed cum laude from Cardozo and Cardozo of 1996 received Alumni and was awarded a Jacob Frank J. Macchiarola delivered the keynote address and Association scholarships Burns Medal for special announced t hat he was stepping dow n from his dean­ made possible by contribu­ contribution to the Law ship at t he 18th commencement ceremony. This year's tions received during the School. She is on the cen­ graduation was held June 9th at Avery Fisher Hall, AJumni Association tral legal research staff for where 307 men and women received juris doctor Scholarship Fund annual the New York Court of degrees. Macchiarola fondly rem inisced about t he good appeal. These scholarships, Appeals. times he has shared w it h t he faculty, st udents, and which assist second- and Asher Rubinstein, A.B., administration during his tenure. Commenting on third-year law students with University of Michigan, is an Macchiarola's departure, Yesh iva University President their tuition, are awarded associate at Grunfeld, Norman Lamm said, "Frank Macchiarola has served on the basis of financial Desiderio, Lebowitz & Cardozo w ith dist inction for five years. Under his leader­ need, community or law Silverman. At graduation, ship, the school has continued to grow and flourish, and school service, academic he won three Jacob Burns we are thankful for t he work he has done." Dean achievement and publica­ Medals for being a m ember Macchiarola is shown here congratulating Rina tions, and/ or to students of the 1995 National Moot Elizabeth Teran, w inner of the 1996 Monroe E. Price with disabilities or those Court Tham, as Best Oralist, Scholarship. who are disadvantaged in and for Best Brief in the some way. Scholarships of 1994 Paulsen Moot Court

30 C'.ARDOZO LIFE A Moot Court Honor Society reu nion was held before the The Manhattan Penthouse was the location of this year's f ina l rounds of the Paulsen Moot Court competition. Judge Cardozo Law Review reunion. A lumni met w ith current Edward Korman (at right), w ho judged the competition, is students, faculty, and staff. Hugh McGovern '80, Senior Vice shown w ith Christopher Garvey '81. President, Smith Barney Inc., is shown w ith Dean Rudenstine.

Zachary W. Carter, US Attorney, Eastern District, NY gave t he Alumni greet Toby Golick, Clinical Professor of Law and keynote address at the second annual BALLSA Alumni dinner. Di rector, Bet Tzedek Legal Services Clinic, and Dean David Current students and alumni attended the event at w hich Rudenst ine at the well-attended Pu blic Interest Law Breakfast Sherril Cleveland '97, was named president of t he organiza­ in Oct ober. Professor Golick spoke about t he new welfare tion for this academic year. Daniel Ferreira '92, Keit h Sa nt illo reforms and their signif icance for lower-i ncome families and '93, and Andrea Robinson '94, w ere among alumni returning children living in New York City. to Cardozo.

Department at Matthew editor of the AELJ. She Have You graduate, they have accu- Bender. works at TVT Records. Grad uated since mulated so much educa- tional debt that the choice Joseph Roy ("Jay") After her first year at 1993? McKechnie, Jr. , B.A., City Cardozo, she won a New of public interest law may University of New Yori<:, a York Co unty Lawyers' present insurmoun table cum laude Cardozo gradu- Association Minority Judi- The Loan Repayment Assis- financial obstacles. The ate, was the articles editor cial Fellowship. tance Program at Cardozo Cardozo Loan Repayment of the AELJ and received a Rina Elizabeth Toran , benefits graduates who are Assistance Program was Cardozo Public Interest B.A., Columbia University, pursuing careers in public designed to alleviate some Summer Stipend at the end won the Dr. Samuel Belkin interest law. The program of those burdens. of his first year. He is an Award at graduation. She is was established in recogni- Graduates who received associate at Kelley Drye & clerking for the Honorable tion of the fact that with a J.D. from Cardozo in 1993 Warren. Vanessa Ruiz of the D.C. few exceptions, public in- or later are eligible to Cindy Moy, B.S., New Court of Appeals and will terest jobs pay considerably apply. Contact the Office of York University, is a cum begin work in 1997 at Kaye, less than those in the pri- Student Finance at (212) laude Cardozo graduate and Scholer, Fierman, Hays & vate sector. By the tim e 790-0392 to request an was the notes & comments Handler. many Cardozo students application .

FALL 1996 3 1 Alumni Reunions

Close to 200 alumni attended Reunions of the Classes of 1981 , 1986, and 1991. The festivities took place last May at Bridgewaters in South Street Seaport. In the pictures here, all captions read left to right.

Maurice Fedida '91, Cheryl Bernstein '91, Prof. Melanie Leslie '91.

Lynne Goldberg Moorhouse '91 and her husband, Allison Miller '91, Jillian Spitalnik Winoker '91, Jill Weintraub '91.

David Katz '81, Dean David Rudenstine, Paul Moskowitz '81, Brad Eisenpress '81.

Ava Alterman '81, Lauren Bernstein, Darryl Vernon '81, Patricia Loquet '81, Mitchel Herstic '81, Howard Strongin '81.

Darryl Vernon '81, June Diamant '81, Ava Alterman '81, Robert Graubard '81.

Rebekah Costin '86, Sheara Arbit '86, Hannah Holmes Freilich '86, Paul Freilich '86.

Prof. David Carlson, Richard Tabachnik '86, and his wife. Sixteen Cardozo Alumni Admitted to Supreme Court Practice

Former Dean Frank J. Macchiarola joined 16 alumni who attended the US Supreme Court Swearing-In Ceremony in Washington, D.C. , last April. They included Jeffrey A. Barr '83, Eric T. Fingerhut '90, Arthur G. Fischer '89, Roberta Koerner Glassner '89 (whose son, Bruce, was also sworn in with the group), Alvin Craig Gordon '92, David E. Gross '91, Sanford J. Hausler '87, Warren S. Hecht '86, Peter L. Herb '89, Chris X. Lin '92, Gail Elysa Markels '81, Michael J. Roberts '80, Rochelle Dana Schattner '80, Joseph Raym ond Ste11o '88, Michele Weissman '90, and Elaine Hope Witty '91. J ustice Ruth Bader Ginsburg attended the reception for admittees and their families that fol1owed the ceremony. r------, ClassActions Keep your classmates posted by sending your personal and professional news. Photos are always welcome. Mail to: Al umni Affairs, Cardozo School of Law, 55 Fifth Avenue, New York, NY 10003. Fax: 212-790-0232

Name ______Class ______

Home address ------­ Business address ------Phone (day) ______(evening) Fax ______E-mail address Serve as.aResource We need your help. If you would like to be a mentor, alumni ambassador, or help us place cmTent students and graduates, please let us know. Mail the requested information to Dean Ellen Cherrick at the above address or ca11 212-790-0358. 0 I am interested in being a mentor to law school students in my area of specialization. 0 I would like to be an alumni ambassador. I will meet or speak by phone with applicants to Cardozo from my undergraduate college or current home town. 0 I know of a job opening for a __ year law student/ graduate attorney.

Nam~ ______Cardozo class ___ Undergrad Co11ege Address ______Phone ______

Area of specialization ------­ Job available at

33 ClassActions

1979 years, Faith Toraby has been providers. Also at the confer­ investigates city agencies for the president of the Women's ence were Frededck Levine Peter Vallone, speaker of the Howard J . Finkelstein has Division of UJA/ Federation of '93, and Dara Norman '95. NYC Council. Virginia M. been appointed counsel at Greenwich, CT. She is also a Carol is on the Board of Parker Chapin Flattau & Handal married Thomas J . member of the UJA National Directors of Stern College and Miller. She is in private prac­ Klimpl, LLP, where he prac­ Young Leadership Cabinet, the Ort Board. After leaving tice in New York. Darnay tices in the areas of banking a member of the town's her position as general coun­ Hoffman was the defense and corporate law. Blanche Historic District Commission, sel to the Mayor's Office of lawyer for Bernard Goetz in L. Gelber and Ellen W. and recording secretary for Construction, she launched his recent civil trial. Samuel McBride retired from practice The Historical Society of the :The Kronman Letter," devot­ L. Pinlms has been elected earlier this year. Blanche was Town of Greenwich, where ed to insurance and bond chair of the New York State a solo practitioner, auth or, and she lives with her h usband providers and users. Barbara Bar Association's Enter tain­ lecturer in the field of adop­ and two daughters. Odwak stepped clown as vice ment, Arts & Sports Law tion law; and Ellen was in president of the Women's Bar Section. He is counsel at the partnership with her father at Association of th e State of literary agency McIntosh & Schreiber and McBride, prac­ 1980 New York, but notes that she Otis in New York City, practic­ ticing corporate law. Condo­ Marian C. Doherty has will continue her involvement ing in the areas of intellectual lences to Alan E. Goldberg been named a Judge of the in that organization. She is property, libel law, and trusts on the loss of his mother, Housing Part of Civil Court of also director/ trustee of the & estates. Mark Samuel Ross Illean. Rachel Potasznik, a the City of New York. Ruth Brooklyn Bar Association. has been selected for inclu­ Peace Corps Volunteer in Gursky announces that she sion in the 9th edition of Who's Botswana, is the project coor­ has submitted three biogra­ Who In American Law. Mark dinator for the Khama Rhino phies for inclusion in Jewish 1981 is also an owner of Menorah Sanctuary Trust, a wildlife Women of America: An Histori­ Lois Lipton has been elected Chapels, a fu neral home in sanctuary and conservation cal Encyclopedia to be pub­ secretary of the Bergen Union, NJ; the auth or of project spread over 10,625 lished in the spring of 1997. County (NJ) Bar Association, "Through My Father's Eyes," a acres of the Kalahari Desert. Carol Kronman created and th e fi rst woman to h old that weekly column that appears Rachel and the sanctuary sponsored a conference enti­ office. In Springfield, MO, in several Jewish newspapers; welcome and need your con­ tled Building a Working Rela­ Peggy S. Hedrick was fea­ and an attorney in private tact and support; her address tionship, designed to bridge tured as the Woman of the practice in Union. is PO. Box 10, Serowe, the gap between public entities Month in the November 1995 Botswana. For the past two and private bond/insurance Tbday's Women Journal. She is in solo practice in the areas of 1983 domestic, consumer, criminal, Linda H. Samson, a partner an d civil rights. litigation; at Gerber & Samson in Wayne, and employment law. David NJ, has been named p resident Kahn and his wife, Nicci, of th e Passaic County Bar announce the birth of their Association. She is the first third child, Ronit. David is woman to hold the office in with Corrinne Davar Property the organization's 107-year Consultants, Jerusalem. history. She is past president of th e Passaic County Women 1982 Lawyers Association. Jonathan Drapkin has been named to a four-year appoint­ 1984 Dara Norman '95, Frederick Levine '93, and Carol ment as county manager of Condolences to Susan Kronman '80, at the conference, "Building a Sullivan Coun ty (NY). Prior to Halpern on the loss of her Working Relationship." this, Jonathan was director of mother, Ruth Chinitz Uris. the New York City office that Thom Kleiner was elected

34 CARDOZO LIFE supervisor of the Town of provides expertise to attor- year's LucyFest in James- Inc., a public relations firm Orangetown (pop. 46,000) in neys defending cases with town, NY. Val is tour director specializing in biotechnology, Rocklan d County (NY). He is asset forfeiture and double for The National Shakespeare pharmaceuticals, and health the second Democrat to hold jeopardy implications. He is Company and is developing care. Jeffrey Weitzman has that seat in 20 years. Prior to auth or of the AFN Library two original musicals. been appointed chief operat- assuming this position, Thom of Briefs. His article on forfei- Jonathan Siegal and David ing officer of Counsel Con- was an attorney for the New ture, "Probable Cause Must A. Schrader were named nect, a leading online service York City Department of Go," was published in the partners in the West Orange, for la1,vyers. He will oversee Consumer Affairs. Steven R. May 1996 issue of The Cham- NJ law fi rm Alpert & Raice, its day-to-day operation and Millon h as been elected chair pion. He was interviewed on P. C. In July, Rebecca E. administration, and will con- of the New York State Bar National Public Radio's White was named a partner tiJrne to play a role in defin- Association's Young La1,vyers "All Things Considered" on in the Li tigation Department ing the service's long-term Section. He is a senior associ- June 24, 1996, after the US at Loeb & Loeb in NYC. strategy. Michael J . Wildes ate at the law firm of Maxwell Supreme Court ruled on a is the resident partner in the S. Pfeifer, Bronx, NY, practicing case he had prosecuted as an 1989 recently opened Fort Lee, NJ in the area of tort litigation. Assistant US Attorney in Los Felicia P. Beubel is a partner office of Wildes & Weinberg, a Angeles. Mark was an AUSA at Win ick & Rich, P.C ., Man- practice in US immigration, 1985 from 1990 until 1994, special- hattan. She ·specializes in nationality, and consular law. izing in asset forfe iture He also announces that he Alan M. Greenberg has commercial real estate and prosecutions and appeals. and his wife, Amy Wildes opened a law office on general corporate law. She He welcom es your e-mail at '91, have a new daughter, Madison Avenue in New York, lives with her husband, [email protected]. Eric D. Lauren Ruth. Valerie S. where he practices in the area Jeffrey Tuch man, and two Herschmann joined Wolfman has opened a law of personal injury litigation. children, Simon, 10, and Kasowitz, Benson, Torres & office in the Empire State Cheryl Milstein was co-chair Nathan, 8, in Pleasantville, Friedman as a partner in Building, where she practices of the Westch ester Holocaust NY. Douglas Walter Drazen January 1996. The law firm in the areas of divorce litiga- Commission's second annual ran as a Republican candidate practices in the areas of civil tion and employment. fu ndraising gala held in Octo- for Congress in the September and criminal litigation and ber at the Performing Arts primaries of the 26th Con gres- bankrup tcy. Kenny 1990 Center of Purchase College. sional District in upstate New Schachter was featured in James M. Aries has been She is a member of the board York. Tom Furth has been the cover story on the new named director ofleasing at of the Kids' BASE, the Little named a partner at Levisohn, era of ar t dealers in The New Greenwich-based Bryan t School, and the YM & YWHA Lerner, Berger & Langsam in York Times Magazine on Development Corp. He is of Mid-Westchester. After a New York. He practices intel- September 1, 1996. Stephen responsible for lease negotia- brief stint in the business lectual property law in the Verp has been appointed to a tion and preparation and world, Jeffrey A. Sims is liv- areas of litigation, licensing, managerial and sales position direct marketing for Bryant's ing in Israel and has returned computer software, and at Milton Paper Co. retail portfolio. Karen Blum- to the practice of law. Steven product design protection. enfold received the New B. Steinmetz is a partner in Andrew Schorr and Elisa 1988 Jersey Health Comm issioner's the law finn of Ivey, Barnum Cullen '90, announce the . Award in recognition of out- & O'Mara in Greenwich, CT. Linda Reiss-Wolicki and her b irth of their daughter, Emma husband, Zvi, announce the Pere!. John Seminerio has standing achievement in 1986 birth of their son, Avraham announced that he will run tobacco control in the State of Moshe, on April 20 in fo r Democratic District leader New Jersey. In March 1996, Nelson Perel was named a Jerusalem. Linda opened a in the 38th Assembly District she met with President partner in the Rochester, NY law office in Givat Sharet, Part B. He is currently acting Clinton and Vice Presiden t law firm Harris Beach & Beit Shemesh, Israel. Val p resident of the Woodhaven Gore and thanked them for Wilcox, LLP, where he is a Sherman made h is Off- Residents Block Association. creating a smoke-free envi- member of the Environment Broadway producing debut as Jenny Skoble and her bus- ronment in th e White House. Department. associate producer of the 1996 band, Lou Levinson, an- Andrew Horn was honored Pulitzer finalist, Old Wicked nounce the birth of their son, for helping to craft the 1987 Songs, at the Promenade Eli Aleksander, on Sep tember Penguin Repertory Theater in Mark A. Feldman is the Theatre. He recently wrote 23. Debora Andrews Stony Point, NY. Specifically, fo under and president of the and produced Broadway Loves Steinerman and her husband, he helped transform the Asset Forfeiture Network Lucy, a musical celebration of Peter, started Steinerman Bio- Penguin Re pertory from a (AFN) in Los Angeles, which Lucille Ball, as part of this Medical Communications, summer theater house to a

FALL 1996 35 non-profit professional equity County (CT). Since joining The Legal Aid Society as a the New York Academy of stage. He raised funds and the board, he initiated out- staff attorney in th e Civil Medicine and runs seminars even appeared onstage in sev- reach to Jewish families, Division. She practices in the th ere. Last year, she presented era! leading roles. He also developed new educational Housing Un it of the Bronx a series at th e Metropolitan practices criminal law in New programming for all ages, and Neighborhood Office. In Museum of Art on the York City. Jill Konviser h as welcomed Russian immi- March, Sharon Margolies "Magnificence of Medieval been named a manager in the grants to the synagogue. Siegel and her husband, and Renaissance Jewry." Forensic and Investigative Susan Schuchinski, director Michael, had their first child, John Dalli is a partner in the Services practice of KPMG of planning and operations for Brian Marc. Sharon works in law fi rm Dalli & Marino in Peat Matwick LLP. Michael F. development for the Anti- trusts and estates law at Uniondale, NY. Dara Norman Nias is with the Foundation Defamation League in New Kurzman, Karelsen & Frank. is an associate with Frederick for Contemporary Mental York, wed Len Weintraub in Levine '93. Nine days after Health in Washington, D.C., July 1996. Mary Watson, 1994 starting work, sh e made an where he practices in the who is an associate at Cleary, oral argument before the Beth Feig Bressler h as been areas of forensics, family law, Gottlieb, Steen & Hamilton, Appellate Division, First named an associate in the mental health, and substance has been elected to th e Board Department. Steven Livingston, NJ office of the abuse. He received a Masters of Trustees of Saint Ann's Fromewick has returned Philadelphia law firm of Social Work degree in 1996 School in Brooklyn. from Washington, D.C., where Marshall, Dennehey, Warner, from the Smith College School he served as Assistant Demo- Coleman & Goggin, wh ere for Social Work. Ben Nider- 1993 cratic Special Counsel for the she practices in the areas of berg h as joined the firm Ira Brody is challenging in- US Senate, Special Committee professional and general lia- Schneider, Harris & Hanis in cumbent state Senator Oppen- to Investigate Whitewater and bility. Ilana Eden and Woodmere, NY as a senior heimer fo r her seat in Albany. Related Matters. He worked Timothy Matteson were trial attorney. He is "fighting for the middle directly with Maryland Sen- married in Thrrytown, NY in class and for Westchester. " He ator Paul Sarbanes and Special September. Stephanie Ilberg has been assistant secretary to Counsel Richard Ben-Veniste. 1991 has become a deputy state Governor Pataki and acting Julia Marie Murray is a staff Jedidiah 0. Alpert has attorney in Barre, VT assistant commissioner for attorney with the Legal Aid joined the firm of Rudolph & Dolores Raeben announces Mayor Giuliani. Matthew Society, Bronx Neighborhood Baer as a partner. He prac- the bar rnitzvah of her son, Cahn is teaching English at Office, where she specializes tices in the areas of entertain- Joshua. Alan Wolf has been River Dell High School, NJ. in landlord-tenant litigation. ment, new m edia, publishing, nam ed by Federal District Rabbi Leonard Guttman is James E. Raved has joined and corporate law. Four out of Court Judges Jack Weinstein deputy commissioner an d Postner & Rubin, a nationally fi ve attorneys, a law clerk, and Harold Baer to the panel general counsel for the City recognized construction law and two prior associates from that will help select experts to Commission and Consular firm in New York City. In the Law Offices of Eric M. review the scientific issues Corps, a liaison between New J une, Jacob W. Schrader was Davis h ail from CSL. He com- involved in the silicone breast York City and the diplomatic married to Amy Beth ments, "We are committed to implant litigation. Alan is also commun ity. He married Blumberg in Philadelphia. using our firm 's growth and an associate professor of Carolynne Joy Train in status to aid fellow Cardozo physics at Cooper Union. September at Gracie Mansion. 1996 students and alumni. It is th at Wendi Lazar has left the same support and comrade- Judah Prero, Deputy Immigration and Naturaliza- 1995 ship from fellow grads that Counsel to New York City tion Service of the US J ustice Madeleine Pelner Cosman was integral to our initial and Councilman Noach Dear, and Department to start her own formed Medical Equity, Inc., continued success." Reuven his wife, Esther, announce the practice in Manhattan, work- to help doctors liquidate or Kahane moved to Israel in birth of their daughter, Sarah, ing on immigration and transfer their practices. She is 1994. He owns a chain of who joins h er brother Daniel naturalization cases, as well as also a professor emerita at City bagel sh ops, Bonkers Bagels. in the Prero family. Joel federal, civil, an d criminal College of the City University Schmidt is clerking for litigation. She was nominated of New York. She frequently Justice Dorit Beinish at the 1992 recently as a member of the lectures nationally and inter- Supreme Court oflsrael Rabbi Shalom Baum and h is Committee on International nationally, and is a prolific through July 1997. wife, Deborah, were honored Human Rights of the Associa- author. One of her titles, for infusing new life into the tion of the Bar of the City of Fabulous Feasts, was nominat- 60-year-old Congregation New York. Sharyn E. ed for the National Book IN MEMORIAM Ahavath Achim of Fairfield Sheila Wasserman Appel '81 - (Korobow) Lewis has joined Award. She is a Life Fellow at

36 CARDOZO LIFE II

BENJAMIN N. CARDOZO BOARD OF DIRECTORS DIRECTORY SCHOOL OF LAW Yeshiva University Earle I. Mack General Telephone Brookdale Center Chairman 212-790-0200 55 Fifth Avenue New York, New York 10003-4391 Stephen J. Schulte Admissions Sheldon H. Solow 212-790-0274 David Rudenstine Vice Chairmen Dean ad interim Alumni Affairs Stephen B. Siegel 212-790-0298 Ellen R. Cherrick Treasurer Associate Dean for Placement, Chutick Law Library Student, and Alumni Affairs Ronnie Heyman 212-790-0285 Secretary Michael Herz Dean's Office Associate Dean for Harry Bauer 212-790-0310 Academic Affairs Leon Black Development Harvey R. Blau 212-790-0288 Leon H. Charney Amy Kohn Goldberg Financial Aid Arthur M. Goldberg 212-790-0392

David S. Gottesman Professional Devel0pment Abraham S. Guterman 212-790-0358 E. Billi lvry Public Relations Dr. Ira Kukin 212-790-0237 Dr. Norman Lamm Hirschell E. Levine Registrar Jeffrey H. Loria 212-790-0295 Harvey L Pitt Student Services Lawrence Ruben 212-790-0313 Michael Saperstein Hon Jerome Schutzer Web Site http:/ yu 1.yu .edu./csl/law Barry K. Schwartz Romie Shapiro Leon Silverman Ronald S. Taft Rachel L. Warren Sigg1 B. Wilz1g Selig A Zises

Honorary D,rectors Morris B. Abram Joseph Appleman Hon. Marvin E. Frankel Hon. Stanley H. Fuld Prof. Milton Handler Prof. Louis Henkin Samuel J. Heyman Edgar J. Nathan Ill NOVEMBER 12 Commemoration: Professor James B. Lewis

NOVEMBER 13 Mentoring Reception

NOVEMBER 14 Law & Humanism Speakers Series

NOVEMBER 1~ Symposium: Children's Rights in the Digital Age

JANUARY 6 Alumni Reception in Washington, DC

FEBRUARY 17 9th Annual International Law Careers Day

MARCH 31 US Supreme Court Admission Ceremony and Reception

APRIL 8 Convocation and Dinner in honor of King Juan Carlos of Spain

MAY S Reunions for Classes of 1982, 1987, and 1992

JUNE 15 Benjamin N. Cardozo School of Law Commencement