1996 Cardozo Life (Fall)
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Yeshiva University, Cardozo School of Law LARC @ Cardozo Law Cardozo Life Publications Fall 1996 1996 Cardozo Life (Fall) Benjamin N. Cardozo School of Law Follow this and additional works at: https://larc.cardozo.yu.edu/cardozo-life Part of the Law Commons Recommended Citation Benjamin N. Cardozo School of Law, "1996 Cardozo Life (Fall)" (1996). Cardozo Life. 2. https://larc.cardozo.yu.edu/cardozo-life/2 This Book is brought to you for free and open access by the Publications at LARC @ Cardozo Law. It has been accepted for inclusion in Cardozo Life by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. A PUBLICATION OF BENJAMIN N CARDOZO SC HOOL OF LAW YESHIVA UNIVERSITY 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.