Cardozo Life 2008 - Around Campus

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Matthew Diller

Matthew Diller

Matthew Diller Named Dean of Cardozo

Matthew Diller, a prominent scholar of social welfare law and policy, who from 2003 to 2008 was associate dean for academic affairs at Fordham Law School, was named dean of Cardozo in April by Yeshiva University President Richard Joel. At Fordham, where he had taught since 1993, Diller was the Cooper Family Professor of Law and co-director of the Louis Stein Center for Law and Ethics.

Diller, the sixth dean to lead Cardozo, will begin his duties on August 1. He succeeds David Rudenstine, who has held the position since 2001 and who will return to teaching at Cardozo full time as the Sheldon H. Solow Professor of Law.

According to President Joel, "Matthew Diller is a scholar and administrator of the highest order and brings to Cardozo an enduring commitment to social justice. He embodies the values and vision that inform and propel the Yeshiva University educational experience."

Upon his appointment, Diller said, "Cardozo is one of the remarkable success stories of legal education over the past half century. I am excited at the prospect of working with the superb faculty, administration, students, and board members, all of whom have conveyed great love for the law school and excitement about the possibilities for its future."

Diller, who has lectured and written extensively on the legal dimensions of social welfare policy, including public assistance, Social Security, and disability programs, was from 1986 to 1993 a staff attorney in the civil appeals and law reform unit of the Legal Aid Society in New York. He received his A.B. and J.D. degrees magna cum laude from Harvard University and then clerked from 1985 to 1986 for the late Honorable Walter R. Mansfield of the US Court of Appeals for the Second Circuit. In the fall of 1999, Diller was scholar in residence at the Brennan Center for Justice at New York University School of Law. His articles have been published in the Yale Law Journal, the UCLA Law Review, the Texas Law Review, and the Stanford Law & Policy Review, among others.

Cardozo Board Chair Kathryn O. Greenberg, a member of Cardozo’s class of 1982, said, "I am excited and fully supportive of this outstanding appointment and look forward to working closely with Matthew Diller. I am particularly pleased that he will continue to build upon the solid foundation and emphasis on legal ethics and public service that was strengthened so gloriously by Dean David Rudenstine."

Diller has been a member of the board of directors of Legal Services of New York since 1999 and was its vice chair from 2003 to 2007. He has been a member of the executive committee of the poverty law section of the Association of American Law Schools, and was chair of the committee in 1999-2000. From 2000 to 2008, he was also a member of the board of directors of the National Center for Law and Economic Justice.


U.S.News & World Report, which issues the most widely read ranking of law
schools, released the 2010 list and placed Cardozo 49th, tied with Southern
Methodist University. This year’s rank is a gain of six places over last year’s
and marks the first time Cardozo has been in the top 50. As in past years,
Cardozo was ranked in the top 10 nationally for programs in dispute resolution
and intellectual property law. The Kukin Program for Conflict Resolution
placed seventh and the Intellectual Property Law Program was eighth. In a
new ranking of part-time programs, Cardozo was listed as 18th nationally.

U.S.News & World Report, which issues the most widely read ranking of law schools, released the 2010 list and placed Cardozo 49th, tied with Southern Methodist University. This year’s rank is a gain of six places over last year’s and marks the first time Cardozo has been in the top 50. As in past years, Cardozo was ranked in the top 10 nationally for programs in dispute resolution and intellectual property law. The Kukin Program for Conflict Resolution placed seventh and the Intellectual Property Law Program was eighth. In a new ranking of part-time programs, Cardozo was listed as 18th nationally.


Immigration Clinic Succeeds in Getting Secret Memos

The Immigration Justice Clinic made public in March key documents it obtained through a lawsuit that demonstrate that the Bush administration’s immigration home-raid strategy was a law enforcement failure. The papers-including both new data and previously secret memoranda-reveal that the raids, which terrorized immigrant communities across the country, were ineffective at capturing their purported targets. The papers released by the clinic created a firestorm of national media attention.

The lawsuit, filed by the clinic under the Freedom of Information Act (FOIA) in a federal court in Manhattan, sought records pertaining to the sweeping campaign of home raids conducted by the Immigration and Customs Enforcement agency (ICE). ICE released these critical data after a settlement was reached just hours after President Barack Obama issued his "Presidential Memorandum on Transparency and Open Government" on his first day in office. The documents verified what many immigrant families and local law enforcement personnel already knew-that ICE’s campaign of raiding homes has resulted in destruction and pain for hard-working immigrant communities. In addition, the data reveal that while the human costs of ICE’s home-raid strategy were painfully high, the law enforcement gains were shockingly low.

"ICE’s home raids have primarily led to the arrests of individuals who posed no risk to society, and have come at a significant cost to immigrant families and to ICE’s own enforcement priorities,” explained Prof. Peter L. Markowitz, director of the Immigration Justice Clinic, which represented the plaintiffs in the lawsuit. "ICE has created tremendous bureaucratic incentives for fugitive operation teams to abandon focus on high-priority targets in favor of a shotgun approach of undisciplined home raids."

Three ICE memoranda issued in 2006 set forth a series of dramatic policy changes that collectively set the stage for the Bush administration’s widely publicized campaign of immigration home raids. In early 2006, facing political pressure to look tough on immigration enforcement, ICE increased the annual arrest quota for each Fugitive Operation Team (FOT) from 125 to 1,000. Overnight, these seven-person teams were expected to become eight times as productive. These memoranda also reveal that ICE eliminated the requirement that 75 percent of the arrests be of "criminal aliens," allowing the teams to count any arrest at all. Predictably, this led the FOTs to use overly aggressive tactics to go after the low-hanging fruit of immigration enforcement— undocumented workers. “The secret memoranda and new data reveal that the Bush administration put headlines before humans. We welcome Department of Homeland Security Secretary Janet Napolitano's January 30th directive calling for an internal review and assessment of ICE’s FOT program," said clinic student Lynly Egyes ’09 at the press conference announcing the release of the documents.

Markowitz praised the Obama administration for releasing the documents and said, "We call on the administration to immediately suspend ICE's campaign of home raids pending review of the efficacy and human costs of such raids."


NY1’s Carter Delivers Keynote, Rep.Markey Advocates for Passage of Bill for Child Abuse Survivors

NY1 senior political reporter Dominic Carter delivered a searing and candid talk about his childhood as a victim of sexual assault at the hands of his mother during the March 3 conference The Evolving Balance: Abuse in Religious Communities and the Law. Carter said he is using his platform as a newscaster to turn attention to childhood sexual abuse. He referred the audience to his memoir No Mama’s Boy, published in 2007, and said he found the telling of his ordeal therapeutic. "As a child I carried the pain of an adult. As an adult I carried the pain of a child." Explaining why it is crucial to bring this topic into the light, he noted, "Children don’t know where to turn in their anguish and turmoil, and furthermore, this kind of abuse is happening all over the world. This is as important as important gets!"

Assemblywoman Margaret Markey urged audience members to rally in Albany to support her bill, the Child Victims Act, which gives survivors of childhood sexual abuse, regardless of their age and no matter how long ago the alleged abuse occurred, a one-year window to file lawsuits against perpetrators. Prof. Marci Hamilton voiced her support for the bill’s passage; over the last few years she has been an advocate for extending the statute of limitations in child abuse cases in states around the nation. (Despite the opposition of some leaders of religious denominations, including the Roman Catholic Church and Hasidic and Sephardic Jewish institutions in Brooklyn, the legislation has passed the Assembly three times; it has never advanced in the Senate.)

The rest of the day was highly charged with emotion and political and legal advocacy as members of the Christian, Muslim, and Jewish faiths, attorneys, and academics shared perspectives. Flora Jessop, a survivor of childhood sexual abuse who is a former member of the Fundamentalist Church of Jesus Christ of Latter- Day Saints and the author of Church of Lies, gave a rare insider’s view on her experience with polygamy.

The program was the inaugural event sponsored by Cardozo Advocates for Kids, a student organization focused on political advocacy and social action.


Guantanamo: Past, Present, Future

Prof. Vijay Padmanabhan worked for several years as an attorney-adviser in the Office of the Legal Adviser at the US Department of State, where he was the department’s chief counsel on Guantanamo and Iraq detainee litigation. With Guantanamo in the news and Padmanabhan being quoted extensively in major national journals and on television, students were invited to a panel discussion featuring the mediasavvy professor. Organized by the Floersheimer Center, the event on April 1 was moderated by Prof. Maggie Lemos, with Professors Ellen Yaroshefsky and Peter Lushing offering comments. The panel was broadcast by C-Span.

Padmanabhan offered background on "the mess that is Guantanamo today," explaining that the Bush administration "was dealt some resounding losses at the hands of the courts," primarily because of two miscalculations. According to Padmanabhan, the administration believed wrongly that the courts would take little or no role in dealing with enemy combatants and would use a World War II precedent to rule that these detainees did not have a right to habeas corpus. The second miscalculation was believing that no national or international law covered Guantanamo detainees. However, in three different Supreme Court cases-Hamdi v. Rumsfeld (2004), Hamdan v. Rumsfeld (2006), and Boumediene v. Bush (2008)-the detainees at Guantanamo were granted the right to habeas corpus, constitutional due process, and the right to legal counsel.

Padmanabhan went on to explain that because the war against terror is not a traditional conflict in the historical sense of war, it is hard to determine when such a conflict is over, or who is a combatant or noncombatant. Finally he outlined the major issues confronting the Obama administration: resettlement of detainees who have been illegally held, the trials and where they will take place, and the continuing detention of those who can be neither prosecuted nor released. "Now as a country we have to deal with this," said Padmanabhan. "We must hold our government accountable for what it has done."

In his comments, Professor Lushing mused on the future, saying that perhaps Obama could use the lessons learned at Guantanamo as a way to reform our domestic criminal justice system. Professor Yaroshefsky said Guantanamo should be viewed as a "tribute" to our federal courts, which set rules to limit executive power, a tribute to the many journalists who uncovered and exposed what was going on, and a tribute to the lawyers at the Center for Constitutional Rights and the ACLU, who stood up for the Constitution and the rights of the detainees.


Liptak of the New York Times Talks about the Supreme Court

Adam Liptak became the Supreme Court correspondent for the New York Times at the start of the Court’s October 2008 term. With just under six months on the job, he visited Cardozo and met with students and members of the faculty, and then gave a public lecture, "The Roberts Court: A Reporter’s Reflections." He focused his remarks on what the Court says and hears, and how the makeup of the Court may change in the future.

Liptak called his job "daunting" in that he needs to digest huge amounts of information quickly and then provide readers with detailed yet accessible reporting. He said given that the Court reviews only 80 or so cases a year and that its decisions tend to affect the public very little, "the Supreme Court is sort of overrated;...we spend far too much time thinking about it."

When it came time to focus on his primary topic-the Chief Justice-Liptak said Chief Justice John Roberts is a first-rate writer who occasionally uses humor in his decisions. Liptak cited one decision in which Roberts quoted a lyric from Bob Dylan’s "Like a Rolling Stone"-"When you got nothing, you got nothing to lose"-which Liptak says the justice misquoted by leaving out the word "ain’t." He said that according to law professor Alex Long of the University of Tennessee, an expert on citations of rock music in judicial opinions, this was the first time a Supreme Court Justice had used a rock lyric to buttress an opinion.

Since his audience contained many law students, a number of whom aspire to clerkships, his detailed discussion of law clerks at the Supreme Court and the amount of influence they have was of particular interest. According to Liptak, these law clerks tend to hold political opinions similar to those of their bosses, although the "exact manner they are influential is not clear."

Asking himself the question, "Will we have resignations?” he answered, "I don’t know." He went on to say that three justices are generally considered the likeliest to resign from the Court. Justice Stevens, who is 89, is still vigorous and has great strategic sense, Liptak said, and doesn’t seem to be "hankering to go." Ruth Bader Ginsburg, who has been ill, has said she’s not going to resign, and Justice Souter, who doesn’t much like life in Washington, hasn’t indicated anything. [Since Liptak’s visit, Souter has resigned and Federal Appeals Court Judge Sonia Sotomayor has been nominated to the Court by President Obama.]

After his prepared remarks, the correspondent took several questions from the audience. "Is the Court corrupt?" he was asked. He answered, "I don’t think the Court is corrupt." In response to another question, he said, "I’m in favor of cameras in the courtroom" a value to society and the public." And when asked about the future of newspapers, he responded, "These are dark days for the newspaper industry."


INTERNET OPENNESS AND NET NEUTRALITY DEBATED
The Cardozo Public Law, Policy & Ethics Journal presented a symposium in April on
Internet openness, net neutrality, content diversity, and competition. Participants debated
a new definition of net neutrality and what the developing mandates are, and explored
how policymakers promote or harm the richness and diversity of online content. Speakers
included Sascha Meinrath of the New America Foundation; Berin Szoka of the Progress &
Freedom Foundation; John Morris of the Center for Democracy & Technology; Matthew
Lasar, a contributor to Ars Technica; Fred Benenson of Creative Commons; and Prof.
Jonathan Askin of Brooklyn Law School.

INTERNET OPENNESS AND NET NEUTRALITY DEBATED The Cardozo Public Law, Policy & Ethics Journal presented a symposium in April on Internet openness, net neutrality, content diversity, and competition. Participants debated a new definition of net neutrality and what the developing mandates are, and explored how policymakers promote or harm the richness and diversity of online content. Speakers included Sascha Meinrath of the New America Foundation; Berin Szoka of the Progress & Freedom Foundation; John Morris of the Center for Democracy & Technology; Matthew Lasar, a contributor to Ars Technica; Fred Benenson of Creative Commons; and Prof. Jonathan Askin of Brooklyn Law School.


Benjamin N. Cardozo

A Ton of Books from Justice Cardozo’s Personal Library Makes Its Way to the Cardozo Law Library 7

On April 14, Cardozo School of Law took possession of one ton- 2,000 pounds-of books that once were part of Justice Benjamin N. Cardozo’s extensive library. The long and exciting history of how they came to the law school includes their traveling across the Atlantic Ocean two times before landing at 55 Fifth Avenue.

Following Justice Cardozo’s death in 1938, his executor donated the justice’s entire library to the Inner Temple in London* to help replace the library that had been destroyed in the London Blitz during World War II. According to Andrew Kaufman, Cardozo’s biographer, the books remained in storage for 16 years until the new library was built. When Kaufman was researching the biography he went to London to examine the books, only to find that the librarian at the Inner Temple had decided not two months earlier that it no longer needed them, "and disposed of the collection piecemeal at auction."

In the collection were various law reports and Cardozo’s set of the Harvard Law Review, which went to Emmanuel College, Cambridge University. According to the Emmanuel College Magazine, volume 42, 1959-60, "Most notable during the year was the splendid gift by the Honourable Society of the Inner Temple of nearly 800 volumes, chiefly American Law Reports, from the important library of Benjamin Cardozo."

It is thought that Judge Norman Birkett, one of two British judges at the Nuremberg Trials, may have been responsible for guiding the donation to Emmanuel College, since he was both an honorary fellow of Emmanuel and a member of the Inner Temple. He was also well known in the United States, in part because of his work at Nuremberg.

Then in 2008, Emmanuel College announced that it wanted to dispose of the books to allow for more space. Peter Jackson, a librarian at the Inner Temple, asked Andrew Kaufman for advice about who in the US might be interested. Ultimately, Kaufman suggested that Jackson write to Cardozo Law Librarian Lynn Wishart. Jackson first corresponded with Wishart on June 9, 2008, and ten months later the books arrived.

They have yet to be catalogued and shelved but they include copies of the Federal Supplement, US Reports, New York Reports, Appellate Division Reports from the Supreme Court of New York, and volumes 28 to 51 (1914-38) of the Harvard Law Review.

* One of the four Inns of Court, which are unincorporated associations that have existed since the 14th century and play a central role in the recruitment of student barristers, as well the training and continued professional development of established barristers.


Ira Sorkin

Ira Sorkin

Madoff Attorney Talks about Defending the "Despised"

Ira Sorkin, on a visit to Washington, DC, in December 2008, was seated on a pint-sized school chair listening to his grandchild and classmates make farm-animal sounds when his cell phone rang. It was Bernard Madoff, saying "I’ve been arrested and I’m handcuffed to a chair and I need your help." Sorkin advised, "Don’t answer any questions." With "moo moo, quack quack" sounds in the background, he contacted colleagues at his New York law office to assist Madoff with processing. After this call, his cell phone went dead. He said, "The press didn’t know yet but I was worried that all hell would break loose, and that he would do the perp walk." At the airport later that day, he needed to buy packs and packs of gum to get enough change for pay-phone calls to New York. After hours of technical frustration, he returned to New York to take up the challenge of representing Bernard Madoff, the man at the center of perhaps the largest financial fraud in history.

This is one of the anecdotes that Ira Sorkin, a partner at Dickstein Shapiro, LLP, shared with the Cardozo community in April at a Jacob Burns Ethics Center event, "Representing the Most Despised Client in the World." Although barred by attorney-client privilege from sharing private information, he was open to talking about ethical considerations and personal insights. It was Sorkin’s first speaking engagement since being retained by Madoff.

Sorkin justified his defense of Madoff, saying, "Among the roles of the defense lawyer is to force the government to prove it is right with the judge playing referee." He noted that John Adams represented British soldiers who killed patriots at the Boston Massacre. He then said, "Our profession has always represented the hated and despised. By defending the rights of individuals who do bad things, we also protect the rights of individuals who are innocent. We do it to preserve the system."

Ira Sorkin, nicknamed "Ike" by his high school football coach, sports a full head of white hair and boundless confidence. He not only is a seasoned defense attorney but has served as regional director of the Securities and Exchange Commission’s New York office, and as an Assistant US Attorney, and then deputy chief of the Criminal Division in the US Attorney’s Office for the Southern District of New York. As someone who has tackled both prosecution and defense, in government and private practice, he said, "My years in government were the most rewarding and fun."

"Among the roles of the defense lawyer is to force the government to prove it is right with the judge playing referee."

When asked, "What are you doing for Bernie Madoff now?" Sorkin said he is helping with the sentencing, which is tied to the amount of money involved in the fraud. He also said, "I would like to get him to a jail where he will have minimum pain."

Sorkin spoke about the limitations of the SEC, which he thinks is vastly understaffed. Its employees are people who, although bright and highly educated, don’t have a lot of experience "on the street." He said that as a student at George Washington University Law School in the 1960s he worked one summer at the SEC. "The staff were blue-collar guys. They talked blue collar, and they had been on Wall Street for decades. They used to say, ‘Don’t listen to the lawyers, they don’t know anything.’"

Sorkin said the SEC’s current role is further complicated by how much the financial markets have changed and that no one on Wall Street or at the SEC is paying enough attention to risk. He noted, "The what-ifs were not played out. The SEC needs to be more proactive, like ask ‘Where will the market be in five years?’ They don’t even know where it will be in five minutes!"

After speaking for more than an hour to a capacity crowd in the Greenberg Center for Student Life, Sorkin offered some parting wisdom to the students. "I don’t care how smart you are, or how well you write, you’ve got to get out there and get yelled at by a judge, get beaten up a little, and get experience. You can read a book about how to drive a car, but until you get behind the wheel you can’t know how to drive."


Kwame Anthony Appiah

Kwame Anthony Appiah

Princeton’s Appiah Calls Religion a Challenge to the Modern State

For those concerned that religious zealots may hobble or even destroy all hope of rational politics in the world, a scholar regarded by many of his colleagues in the fraternity of campus philosophers as "our postmodern Socrates" offers a ray of sunshine.

"The challenge that religion creates for modern politics is not to try to keep religion out of politics," declared Princeton University Prof. Kwame Anthony Appiah in a March lecture, "but to draw on the traditions of cohabitation-the cosmopolitan strands-that live in all the world’s religions."

It may seem at times as if the zeitgeist belongs to intolerant "true believers," a tendency carried to terrifying extremes by Talibans, foreign and domestic alike, but the professor insisted on examining the historical record. In his formal remarks, titled "Religion as a Challenge to the Modern State," he noted that while "religion and politics have been tied together" for centuries, sometimes violently so, "most religious people in the world today live in societies where there are significant numbers of people of other religions; and even when they don’t, they mostly know they live in a world containing other religions.

"It is now widely accepted that even where a society has a majority of one religious identity, it does not follow that all questions should be settled according to the view of that religious tradition."

Professor Appiah’s talk, sponsored by the Floersheimer Center and Yeshiva University’s Center for Ethics, was the second of a pair of back-to-back public lectures during his March stint as the Ethics Center’s scholar-in-residence when he offered complementary analyses of issues made considerably more complex by what Appiah terms "pluralistic ideology," which is of a mere three centuries’ vintage (and thus relatively new).

With a modern ideology of religious diversity, he warned, "you have the beginnings of a substantial problem. Because now the mere fact that the majority believes something is right for religious reasons will not do as a political reason, and so you must discuss what is right across religious traditions within a single political order."

Thus the need for tolerance- "bearing with others despite their failures," as Appiah defined it-and cosmopolitanism, because "there are so many values worth living by and nobody, and no single society, can explore them all."

Taking the long view of history, Appiah says that a certain few of us will always cling feverishly to the formalities of religion, for better or for worse; far more will tolerate the "not always very coherent ways" of living peaceably in a world of conflicting ideas on morality and public policy; and "sensible people have better things to do" than insist on the supremacy of their personal gods.


TISCH AND MEMBERS OF COMMUNITY
HONORED AT P*LAW
Every year, Public Law Advocacy Week (P*LAW) ends by
honoring members of the Cardozo community for their
work in public service. This year, a special honor went to
Laurie M. Tisch of the Illumination Fund, who gave a major
gift last year for Cardozo’s Loan Repayment Assistance
Program. Stephanie Nilva ’94, the executive director of
Day One; Professors Michelle Adams, Edward Stein, and
Ekow Yankah; Paulette Crowther, associate director of
communications; and Zach Pall ’09 also were honored.
Special recognition was given as well to alumni from the
classes of 2004 to 2008 who work in the public sector or
who perform significant pro bono work. Pictured (from left):
Dean Rudenstine; Emily Sussman ’08; Doug Schneider ’05,
chair of the Junior Advisory Board; and Laurie M. Tisch.

TISCH AND MEMBERS OF COMMUNITY HONORED AT P*LAW Every year, Public Law Advocacy Week (P*LAW) ends by honoring members of the Cardozo community for their work in public service. This year, a special honor went to Laurie M. Tisch of the Illumination Fund, who gave a major gift last year for Cardozo’s Loan Repayment Assistance Program. Stephanie Nilva ’94, the executive director of Day One; Professors Michelle Adams, Edward Stein, and Ekow Yankah; Paulette Crowther, associate director of communications; and Zach Pall ’09 also were honored. Special recognition was given as well to alumni from the classes of 2004 to 2008 who work in the public sector or who perform significant pro bono work. Pictured (from left): Dean Rudenstine; Emily Sussman ’08; Doug Schneider ’05, chair of the Junior Advisory Board; and Laurie M. Tisch.


When Hon. Jed Rakoff of the
US District Court, Southern
District of New York, visited in
February, he also met with
LL.M. students. Amy Sugin,
assistant dean for graduate
and international programs, is
shown on Judge Rakoff’s right.

When Hon. Jed Rakoff of the US District Court, Southern District of New York, visited in February, he also met with LL.M. students. Amy Sugin, assistant dean for graduate and international programs, is shown on Judge Rakoff’s right.

Judge Rakoff Shares Personal Wisdom in Con Law Class

Manhattan Federal District Court Judge Jed S. Rakoff took the podium in Dean Rudenstine’s Constitutional Law class, where he was teacher for a day, and said, "Judges are often in a situation where there is public outcry against the dastardly crimes of the defendant, with people calling for action and revenge justice, but our role is to be cognizant of and protect the rights of individuals." Judge Rakoff noted that he was "speaking in a personal capacity, not judicial."

Rakoff is presiding over attorney Marc Dreier’s criminal trial. Dreier, who had led a law firm with 250 attorneys and celebrity clients, pleaded guilty to conspiracy, securities and wire fraud, and money laundering. Rakoff spoke about his decision to allow Dreier to post bail and stay in his apartment under house arrest with armed guards paid for by relatives.

During the hearing, Rakoff said, "There are 100 good reasons why Mr. Dreier should be jailed." But he ruled that Dreier’s defense lawyer had met the legal standard for his client to remain out of jail by showing that he no longer controls the millions of dollars he obtained and so was not likely to flee.

He said that in a district court, the facts of the case are the single most important determinant, and the law is less open to interpretation. Further up the judicial ladder, especially at the Supreme Court, ideology comes into play more. And as far as the court of appeals goes, he said, "It’s boring; you just deal with abstractions you learned in law school and then forgot about." Ultimately, he said, "the best judges try very hard to be open to what the lawyers present them with and then let each other scrutinize and find out what the facts are."

Students questioned the judge sharply on the legitimacy of the bail bond, given that Dreier stole his money. After answering, Rakoff quipped, "Cardozo students could talk their way out of jail!"


(From left) Michael Eitan, member of the Knesset, Israel,
Hon. Richard Posner, and Prof. Malvina Halberstam

(From left) Michael Eitan, member of the Knesset, Israel, Hon. Richard Posner, and Prof. Malvina Halberstam

JURISTS FROM THREE COUNTRIES OFFER COMPARATIVE PERSPECTIVES Prominent jurists, statesmen, academics, and practicing attorneys from Israel, Canada, and the United States were brought together in April by Prof. Malvina Halberstam for a roundtable discussion, "Judicial Review: A Comparative Perspective."Among those participating were Canadians Irwin Cotler, a member of Parliament and former minister of justice and attorney general, and Justice Morris Fish of the Canadian Supreme Court. Israel was represented by Michael Eitan, a minister in his country’s new government and former chairman of the Knesset Committee on the Constitution, Law, and Justice; Justice Elyakim Rubinstein of the Supreme Court of Israel; and Daniel Friedmann, former minister of justice. United States participants were Judge Richard Posner of the US Court of Appeals for the Seventh Circuit and attorney Nathan Lewin of Lewin & Lewin. The event was sponsored by the Floersheimer Center, and the conference proceedings will be published in the Cardozo Law Review.


PHOTO BY: ADAM BACHER

Hotel Rwanda Director Gives Keynote at Healing the Wounds Conference

"Film is like fine cognac; you distill it down, and distill it some more until you come to the truth and reality," said Irish filmmaker Terry George, the co-writer, director, and producer of Hotel Rwanda, during his keynote address at Healing the Wounds: Speech, Identity, and Reconciliation in Rwanda. The two-time Oscar winner spoke about the challenges of making a film on a subject of such magnitude as the Rwandan genocide of 1994: "I had to compress history into two hours and present straightforward moral dilemmas and choices. It is not like a book."

He also said that, as in Northern Ireland, the best hope for peace and progress in Rwanda lies in leadership that recognizes both sides and creates legal structures to help Rwanda rebuild and reconcile. The victor does not have to dominate. He said, "For many, for better or for worse, Hotel Rwanda is the sole source of knowledge about the genocide, demonstrating the power of the medium. President George W. Bush watched the film two times."

George knows a lot about political reconciliation from having lived through the troubles in Northern Ireland and by seeing the positive outcome. He spent several years in a Belfast jail for his political activism. He supports Rwanda’s current president, Paul Kagame, who reminds George of Sinn Fein President Gerry Adams. "Neither one cares about money; both care very much about helping their society." He closed by saying, "With the right leadership we can make progress. Let’s help Rwanda rebuild and find peace."

When the floor was opened to questions, some asked about Paul Rusesabagina, the real-life character played by Don Cheadle, and how he was portrayed in the film. George said, "Like The Killing Fields or Missing, the film is not really about Paul, but is about taking people inside the genocide. Paul is an allegory of everyone who tried to help." He further cautioned his listeners not to confuse the film with reality. "Paul is not Don Cheadle, nor is Liam Neeson Oskar Schindler," he said.

The day-long conference on March 30 delved into legal and societal questions about Rwanda’s struggle to promote unity and reconciliation. Eradicating genocide ideology through laws that control speech and promote a specific narrative of Rwandan history has become a mainstay of the government’s efforts. The conference sought to determine when governments are justified in limiting freedom of speech in the interest of moving society forward and what role the law can and should play in shaping individual and collective identity.

The conference, sponsored by the Program in Holocaust and Human Rights Studies and organized by its director, Sheri Rosenberg, closed with a tribute to Alison Des Forges, a scheduled participant and a well-known activist with Human Rights Watch, who was killed in a plane crash in Buffalo on February 12, 2009.


Students from East Stroudsberg University presented scenes from The Merchant of Venice.

Students from East Stroudsberg University presented scenes from The Merchant of Venice.

Theater, Law, and Levity Make Shylock v. Antonio Very Appealing

In a five-to-two decision, the majority ruled in a mock appellate trial held in Cardozo’s Jacob Burns Moot Court Room that Antonio must repay Shylock the 3,000 ducats he borrowed in Shakespeare’s famed drama The Merchant of Venice. The decision rendered in "Shylock v. Antonio on Appeal" capped an evening of scenes from the play; arguments by two prominent New York attorneys representing the main characters-Antonio, the merchant who defaults on a loan, and Shylock, the lender who demands a pound of flesh as repayment; and public deliberations by a panel of distinguished judges, composed of authors, lawyers, academics, and real judges. The event, organized by Richard H. Weisberg, Walter Floersheimer Professor of Constitutional Law, an expert on law and literature, was held on December 1.

Actors performed relevant scenes from the play, including the signing of the contract, the trial, and Shylock’s and Portia’s famous monologues, and then the spotlight turned to the attorneys, who had previously submitted legal briefs and would now present their cases before the seven judges.

Shylock pleads
his case.

Shylock pleads his case.

Shylock’s lawyer, Michael Braff ’82, a partner at Kaye Scholer, LLP, argued that the case was a clear example of breach of contract and was about such fundamental principles as a citizen’s obligation to repay his debts. Contracts, said Braff, need to be honored if Venetian trade-or any kind of business-is to flourish. "Antonio did nothing but wait to be sued-that’s not how a gentleman should act."

Antonio’s attorney, Daniel Kornstein, a partner at Kornstein Veisz Wexler & Pollard, argued that the contract was illegal because of its "outrageous" clause claiming a pound of flesh in the event of his client’s default. As he drew a parallel to the current mortgage crisis, Kornstein said that the case presents a cautionary tale for predatory lenders and should be voided so that lenders do not engage in such business practices in the future. "We need to make an example of Shylock so that it never happens again."

The judges, who ultimately rendered a fiveto- two decision in favor of Shylock, peppered the litigators with both serious and humorous questions, and then rendered their verdicts in the English fashion, with each jurist offering his or her decision and reasoning separately. The Merchant of Venice features a trial with no legally trained people, said legal scholar and renowned jurist Richard Posner of the US Court of Appeals for the Seventh Circuit, who served as chief judge. He also voiced concern about the trial’s "irregularities," such as Portia impersonating a doctor of law.

Judge Jed Rakoff of the US District Court, Southern District of NY, delighted the audience when he began, "My views will seem less amateur, if I respond in iambic pentameter," and then recited his decision in a rhyming poem with contemporary references to bailouts and cross-dressers.

Judges included (counterclockwise from bottom right): Dr. Anthony Julius, Floyd Abrams,
Bernhard Schlink, Hon. Jed Rakoff, Hon. Richard Posner, and Hon. Dianne Renwick ’86.

Judges included (counterclockwise from bottom right): Dr. Anthony Julius, Floyd Abrams, Bernhard Schlink, Hon. Jed Rakoff, Hon. Richard Posner, and Hon. Dianne Renwick ’86.

Others, such as renowned British solicitoradvocate Anthony Julius of Mishcon de Reya, said, "The question arises: what is the case being considered? A 16th-century case, a 20th-century case, or a play? Plainly it’s a play. Justice that ignores the integrity of the play is not really justice." He, along with Posner, ruled in Antonio’s favor. Having fun with the play-within-theplay concept, Prof. Julie Stone Peters of Harvard University said the "theatrical" contract reflected no meeting of the minds.

First Amendment attorney Floyd Abrams of Cahill Gordon & Reindel, who deplored the characters’ anti-Semitism, said, "The trial was a travesty, beautiful sometimes, funny sometimes, and ugly sometimes. The bond is a punishment that no civilized society should enforce; the only equitable resolution is to force the 3,000 ducats to be repaid." Bernhard Schlink, the internationally noted jurist, author of The Reader, and a visiting professor at Cardozo, said in a serious vein, "Public policy ties society together in a specific time and place. In this specific society, principles were not violated in contract." The Hon. Dianne T. Renwick ’86, who serves on the New York State Supreme Court, Appellate Division, said, "Shylock should be returned his money. Vacate the convictions, as there was a total lack of due process. And someone should report Portia to the authorities."

Stephanie Daventry French, chair of the theater arts department at East Stroudsberg University, was the drama director. The program was sponsored by Cardozo’s Jacob Burns Institute for Advanced Legal Studies, the Program on Holocaust and Human Rights Studies, and the Law & Humanities Institute.


FEINBERG VISITS
In October, Kenneth R. Feinberg
(at far left), special master of the
Federal September 11th Victim
Compensation Fund of 2001 and
managing partner and founder of
the Feinberg Group, LLP, spoke on
Public Catastrophes, Government
Inaction, and Private Compensation:
Resolving the Insurance Mess after
Katrina. Shown with Feinberg are
Professors Peter Shuck of Yale
University, Anthony Sebok, and Mark
Geistfeld of New York University.

FEINBERG VISITS In October, Kenneth R. Feinberg (at far left), special master of the Federal September 11th Victim Compensation Fund of 2001 and managing partner and founder of the Feinberg Group, LLP, spoke on "Public Catastrophes, Government Inaction, and Private Compensation: Resolving the Insurance Mess after Katrina." Shown with Feinberg are Professors Peter Shuck of Yale University, Anthony Sebok, and Mark Geistfeld of New York University.


Intellectual Property Program

Goldstein

Goldstein

GOLDSTEIN DISCUSSES SEVEN COMMON MISTAKES ABOUT COPYRIGHT In November, Paul Goldstein, Lillick Professor of Law at Stanford University, gave the 16th Annual Distinguished Lecture in Intellectual Property. His topic was "Seven Common Mistakes about Copyright." Over the course of four decades of teaching and writing about copyright law, Goldstein has identified mistakes that are frequently made in the popular press, in law review articles, and even by writers of treatises. In this lecture, he gathered some of the most fundamental and from a policy perspective, most consequential-of these errors, indicating both their source and their solution.

Dreyfuss

Dreyfuss

"DOES IP NEED IP?" Rochelle Dreyfuss, the Pauline Newman Professor of Law at New York University, was this year’s Uri & Caroline Bauer Memorial Lecturer in April. According to Professor Dreyfuss, a leading scholar of both soft and hard intellectual property, arguments for strong intellectual property protection proceed on the assumption that preventing free riders is necessary to generate the monetary incentives required to encourage intellectual production. In recent years, it has become clear that this assumption is not always accurate; many creative industries are flourishing without intellectual property protection. Now that nonmonetary incentives to innovate have been recognized, Dreyfuss says, it is time to think about how the rules of copyright and patent law ought to change to accommodate what might be called Intellectual Production without Intellectual Property, or, as she puts it, IP without IP. Dreyfuss, who clerked for Supreme Court Chief Justice Warren E. Burger, is a member of the American Law Institute; the National Academy of Sciences Committee on Science, Technology, and the Law; the National Institute of Health’s Advisory Committee on Genetics, Health, and Society; and the Advisory Board to BNA’s US Patent Quarterly.

Zittrain

Zittrain

Stallman

Stallman

IP LAW SOCIETY HOSTS IP GURUS When Intellectual Property Law Society leader Ari Abramowitz ’10 saw cyberlaw expert Jonathan Zittrain participate on a New York City Bar copyright panel, he was so impressed with Zittrain’s wit and omnivorous pursuit of knowledge that he invited him to speak at Cardozo. Zittrain was one of several people well known in the field of intellectual property to visit Cardozo as guests of the student organization.

"Power corrupts, and PowerPoint corrupts absolutely," said Zittrain in his opening salvo. He went on to say that he wants to ensure that the Internet, which was designed to empower our collective identity, stays that way. The Internet’s salvation, Zittrain argues in his recent book The Future of the Internet and How to Stop It, lies in the hands of its users, who he says should work creatively and collaboratively, participate in solutions, and become true "netizens."

Zittrain is a Harvard Law School professor, the cofounder and codirector of Harvard’s Berkman Center for Internet & Society, and the author of several books. He is also known for his work with Lawrence Lessig (albeit on the losing side) on the landmark US Supreme Court case, Eldred v. Ashcroft.

Zittrain is concerned about the proliferation of technologies, such as the iPhone and TiVo, that do not have the capacity to produce user-driven change. Whereas on a PC any user can write and share code in ways the manufacturer never imagined, tethered technology requires the consumer to use the product in the way specified by the manufacturer.

He spoke fondly of the spirit of the early developers of Internet architecture: a group from MIT who didn’t have much capital. They built, he said, a network that could piggyback, that had no center. They had freedom and no business plan. The idea was not about making money. They didn’t worry about whose bits were whose, and they had no overhead.

Their idea was very simple, he continued. Users identify themselves and move packets (bits of data) from A to B in the way a person moves around a mosh pit. You didn’t need a runner to take it anywhere, nor is anyone doing it because of a contractual requirement. It’s like a social network, rather neighborly. He noted that to this day there is no overall map of the Internet, and if you rewound time and remade the Internet, it probably would never have turned out the way it did.

Later in the semester, MacArthur Foundation Grant winner Richard Stallman, the godfather of the free-software movement and the GNU/Linux operating system, spoke and signed copies of Free Software, Free Society: Selected Essays of Richard M. Stallman. Stallman graduated from Harvard in 1974 and then studied at MIT, where he became a programmer and famed hacker in MIT’s Artificial Intelligence Lab. He went on to write GNU, a free operating system, and in 1985 published the GNU Manifesto. He then started a nonprofit corporation called the Free Software Foundation to employ programmers and provide a legal infrastructure for the free-software movement. Stallman argues that freedom is vital to users and society for its moral value, not merely for pragmatic reasons.

In his current book, Stallman tackles the essential issues driving changes in copyright law and argues that for creativity to flourish, software must be free of inappropriate and overly broad legal constraints.

Michael Heller, author of The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives (Basic Books, 2008), described in his February talk what he calls the anticommons, a state in which there is so much ownership of a resource that no one ends up using it because of economic controls that have become completely counterproductive. He explained that although private ownership usually creates wealth, too much ownership has the opposite effect-it creates gridlock. Heller is the Lawrence A. Wien Professor of Real Estate Law at Columbia Law School, a graduate of Stanford Law School and Harvard College, and one of America’s leading authorities on property.

Stanford professor Lawrence Lessig, founder of Stanford’s Center for Internet and Society, the cofounder of Creative Commons, and the author of five influential books, made a return visit to Cardozo in November to present "Remix: Making Art and Commerce Thrive in the Hybrid Economy." In summing up the discussion, Abramowitz said, "His dynamic visual presentation merged into his oral presentation as a kind of digital media/human hybrid."


WASHINGTON BRIEFING
Assistant US Trade Representative Stanford McCoy and Elaine Wu,
from the US Patent and Trademark Office, came to Cardozo in fall 2008
to brief attendees about intellectual property issues in Washington.
Victoria Espinel (below left) of George Mason University moderated.
She is shown here with Stanford McCoy and Elaine Wu.

WASHINGTON BRIEFING Assistant US Trade Representative Stanford McCoy and Elaine Wu, from the US Patent and Trademark Office, came to Cardozo in fall 2008 to brief attendees about intellectual property issues in Washington. Victoria Espinel (below left) of George Mason University moderated. She is shown here with Stanford McCoy and Elaine Wu.


PATENTABLE SUBJECT MATTER
Since the 1998 State Street Bank decision, commentators, practitioners, and patent examiners
have debated whether patentable subject matter includes business method patents
or, instead, has some

PATENTABLE SUBJECT MATTER Since the 1998 State Street Bank decision, commentators, practitioners, and patent examiners have debated whether patentable subject matter includes business method patents or, instead, has some "technological" limits. At "Patentable Subject Matter after Bilski: Not Quite Anything under the Sun," panelists considered the various limits proposed by the parties and amici in Bilski and whether this debate might soon end. Shown below, professors Justin Hughes, Eileen Kane of Penn State, and Kevin Collins of Indiana University


Kukin Program for Conflict Resolution

2009 International Advocate for Peace Award Winner Amira Dotan (center) with
Cardozo Journal of Conflict Resolution editor-in-chief Benjamin Thompson ’09
and symposium editor Robyn Weinstein ’09.

2009 International Advocate for Peace Award Winner Amira Dotan (center) with Cardozo Journal of Conflict Resolution editor-in-chief Benjamin Thompson ’09 and symposium editor Robyn Weinstein ’09.

AMIRA DOTAN WINS INTERNATIONAL ADVOCATE FOR PEACE AWARD The Cardozo Journal of Conflict Resolution selected Amira Dotan as the 2008-9 International Advocate for Peace Award winner. The first woman in Israel to attain the rank of brigadier general in the Israeli Defense Forces, where she served from 1965 to 1988, Dotan later became vice president of Ben Gurion University of the Negev, and subsequently a member of Israel’s Knesset from 2006 to 2009. She has dedicated her career to public service in Israel and to working toward peace.

In her welcoming remarks, Prof. Lela Love said, "The first thing you notice about Amira Dotan is her smile. So warm, so connected with whomever she is around-a bridge from her to you." That smile shone brightly when Amira Dotan accepted the award.

Dotan, through her own initiative and innovative vision, consistently strives to bring people together in Israel, the broader Middle East, and other war-torn regions using groundbreaking conflict-resolution strategies. She cofounded the Neve Tzedek Gishur Mediation Center, which provides mediation services and training in Israel and has been a powerful force to spread knowledge about mediation more broadly within the general population.

Dotan also founded the Middle East Career Women’s Forum to build a network of professional women throughout the region. Within the Knesset, she initiated the passage of a law that requires any proposed legislation to be reviewed for its potential impact on women.

Dotan was introduced by renowned mediator and scholar Prof. Jack Himmelstein, who said, "Born a few months before the birth of the State of Israel, Amira’s life has been one of dedication to her beloved country. For her, that has meant facing the many conflicts within and beyond its borders. She does so with deep insight, searching intelligence, and boundless energy-all grounded in a deep and caring connection to others. In short, she acts in friendship and with heart."

Past winners of the International Advocate for Peace Award include Richard Holbrooke, William Jefferson Clinton, George Mitchell, Seeds of Peace, Desmond Tutu, Eve Ensler, Betty Kaari Murungi, Dennis Ross, and Jeffrey Sachs.

JOURNAL CELEBRATES ITS 10TH ANNIVERSARY BY ASKING "WHITHER ARBITRATION?" In celebration of its 10th anniversary in November 2008, the Cardozo Journal of Conflict Resolution hosted a full-day symposium entitled Whither Arbitration?

One panel, "Mandatory Arbitration in the United States," moderated by Prof. Jean Sternlight of the University of Las Vegas, developed into a heated discussion of the pending legislation to ban predispute arbitration agreements.

At a luncheon sponsored by the Samuel and Ronnie Heyman Center on Corporate Governance, the talk focused on the question "Securities Arbitration: What If You Had a Choice?" Other topics discussed were international arbitration, discovery, and steroid use by Olympic athletes. The day ended with an examination of the future of arbitration.

CARDOZO NEGOTIATION TEAMS COMPETE WORLDWIDE IMPROVING SKILLS AND STYLE Negotiation Competition Focuses on Elder Law
In fall 2008, the Kukin Program and the Cardozo Dispute Resolution Society hosted Cardozo’s largest-ever ABA/Intraschool Negotiation Competition. With elder law as the focus, 124 student negotiators competed for an opportunity to represent Cardozo in various ABA and international competitions. Rebecca Auster ’10 and Jeffrey Haberman ’10 tied for first place with Meryl Rothchild ’09 and Benjamin Thompson ’09. Dan Watkins ’10 placed second.

When ranking the teams, judges consider preparation, a team’s relationship with the other side, service to the client’s best interest, teamwork, and which team the judges would hire.

Elliot Malone ’09, who placed third with Amira Samuel ’10, said, "I think that the most challenging aspect of negotiating in general is trying to adjust to the different negotiation styles of adverse parties. Some are respectful, while others are stubborn and simply unwilling to negotiate unless they get their way."

(From left) Renowned Australian mediator
Alan Limbury, Jay Robert ’09, Rebecca
Auster ’10, and Prof. Lela Love in an ICC
hearing room in Paris

(From left) Renowned Australian mediator Alan Limbury, Jay Robert ’09, Rebecca Auster ’10, and Prof. Lela Love in an ICC hearing room in Paris

Cardozo in Paris
Rebecca Auster ’10 and Jay Robert ’09 spent 10 days in Paris in February, reaching the quarterfinals in the ICC International Commercial Mediation Competition. Prof. Lela Love was the the team’s coach. Teams from 40 universities in 18 countries competed.

Robert said that during the competition, language and cultural barriers were frequently significant obstacles to reaching an agreement. He and Auster competed against teams from London, the Ukraine, New York, and Minnesota.

Cardozo Hosts ABA Regional
In March, Cardozo welcomed 12 teams to the Regional Representation in Mediation Competition. One member of each team plays the disputant while the other plays the role of attorney. Bradley Roth ’10 and Daniel Watkins ’10 placed fourth in this competition, in which teams are judged on the ability to work together and with the competing team, to serve the client’s interests, and to assess their own strengths and weaknesses after the simulated mediation is over.

Students Compete in Vienna and Hong Kong
Peter Halprin ’09, Era Makoci ’10, Edward Quilice ’10, and Jeffrey Richbourg ’10 won honorable mention in the category of Best Claimant’s Brief when they competed in the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria, against 233 university teams from 58 countries. According to Halprin, "The feeling shared by most American teams was that this competition seemed like the Super Bowl for law schools internationally."

Cardozo also sent the team of Yulia Dernovsky ’09, Emily Golden-Fields ’10, Jamie Robbins ’09, Benjamin Thompson ’09, and Michelle Zolnoski ’09 to Hong Kong for the Vis East competition. Thompson said, "I have improved my oratory skills and my reasoning ability, and have gained a much better sense of international law."

Environmental Negotiation Competition in Richmond
Tressie Kamp ’10 and Dan Watkins ’10 advanced to the semifinal round in the 2009 Robert R. Merhige, Jr., National Environmental Negotiation Competition at T. C. Williams School of Law at the University of Richmond in Virginia. They competed in a field of 26 teams from 15 law schools.

Kamp said, 'From the viewpoint of a true negotiation novice, the competition was a rare educational opportunity to understand the intersection of negotiation and environmental law. The focus on renewable energy allowed for interesting debate regarding an important, quickly evolving legal issue."


PLESENT LECTURE
David A. Hoffman, Esq., of Boston Law Collaborative, LLC, who teaches mediation at
Harvard Law School, delivered the annual Gloria and Stanley Plesent Lecture in
September. His topic was Colliding Worlds of Dispute Resolution: Towards a Unified Field
Theory of ADR. (From left) Alan Weiler, former Cardozo Board member; David Hoffman;
Gloria Plesent; and Stanley Plesent, partner, Hogan & Hartson

PLESENT LECTURE David A. Hoffman, Esq., of Boston Law Collaborative, LLC, who teaches mediation at Harvard Law School, delivered the annual Gloria and Stanley Plesent Lecture in September. His topic was "Colliding Worlds of Dispute Resolution: Towards a Unified Field Theory of ADR." (From left) Alan Weiler, former Cardozo Board member; David Hoffman; Gloria Plesent; and Stanley Plesent, partner, Hogan & Hartson


Panelists at Constitutionalism and Secularism included
Prof. Isabelle Rorive (left), Université Libre de Bruxelles,
and Prof. Susanna Mancini, University of Bologna

Religious Revival Challenges Constitutionalism

The revival of religion in pluralist and multicultural settings deeply immersed in identity politics poses serious theoretical and practical challenges to the legitimacy and viability of the dominant conception of constitutionalism, which seems inextricably linked to the principle of secularism. Organized by Prof. Michel Rosenfeld and Hélène Ruiz-Fabri, of University of Paris 1, Constitutionalism and Secularism in an Age of Religious Revival: The Challenge of Global and Local Fundamentalisms featured a keynote address by Dieter Grimm, formerly a justice of the German Constitutional Court. The two-day conference in October 2008 brought together leading scholars of law, political science, religion, and sociology to discuss the effects on, and meaning for, secular constitutionalism of rising religious fundamentalism.

Panelists at Constitutionalism and Secularism included Prof. Isabelle Rorive (left), Université Libre de Bruxelles, and Prof. Susanna Mancini, University of Bologna


After the screening District Attorney
Craig Watkins met with students.

DA CRAIG WATKINS OF TEXAS IS FEATURED GUEST AT TV SHOW SCREENING District Attorney Craig Watkins of Dallas, TX, now has his own television show. Dallas DNA is a new series from the Investigation Discovery Channel that profiles Watkins and his Conviction Integrity Unit, which seeks to exonerate the wrongfully convicted in Dallas County. A private screening of the show took place at Cardozo on April 27, a day before its premiere. It was attended by Watkins, Maddy deLeone, executive director of the Innocence Project, and the exonerated Johnnie Earl Lindsey of Dallas, all of whom stayed for a question-and-answer session with the audience.

After the screening District Attorney Craig Watkins met with students.


The Samuel and Ronnie Heyman Center on Corporate Governance

Current Economic Climate Gives Heyman Center Plenty to Talk About

Jeff McCracken (left), reporter, the Wall Street Journal, and Jonathan Henes ’96,
partner, Kirkland & Ellis LLP

Jeff McCracken (left), reporter, the Wall Street Journal, and Jonathan Henes ’96, partner, Kirkland & Ellis LLP

Fourth Annual Corporate Restructuring Conference: Distressed Investing & Deal Making in 2009
This March, just as the US economic situation was at its nadir, members of the legal and business world attended "Distressed Investing and Deal Making in 2009," the fourth in the popular corporate restructuring series held annually by the Heyman Center. Reporter Jeff McCracken of the Wall Street Journal and Jonathan Henes ’96, a partner in the restructuring group of Kirkland & Ellis, spoke about the current restructuring market. Then the conference dissected the recent successful restructuring of Wellman, Inc. Representatives from the major parties to the deal shared their perspectives, including Brandon Aebersold of Lazard Freres & Co., Michael Cohen of Kirkland & Ellis, John Haeckel of Chilmark Partners, Mark Ruday of Wellman, Inc., and Mark Somerstein of Ropes & Gray.

A discussion of distressed investing opportunities in 2009 was moderated by Andrew Rosenberg of Paul Weiss. Panelists Saul Burian of Houlihan Lokey Howard & Zukin and David Trucano of Centerbridge agreed that the current credit freeze is different from anything that has come before. They noted that even in the recession of 1989 people believed there was fundamental value in the market. Burian and Trucano said that it is hard to analyze a company’s balance sheet in this climate, and companies are scrambling to pull in assets. According to the panelists, although the economy is bad and liquidity is low, there are investment opportunities. They mentioned real estate, travel-related companies, building products, commodities, auto rental companies, chemicals, and companies that make consumer products people use no matter what happens to the economy.

Grading the SEC: Madoff, Stanford, and the Future of SEC Enforcement
Heyman Center advisor Harold Gordon ’88, a partner at Jones Day and a former SEC enforcement branch chief, talked to students about why the SEC failed to detect multi-billion-dollar Ponzi schemes this year and how its series of failures and mistakes threaten the existence of the agency.

Judge Hardin Shares Wisdom about Fraud Cases with Students
Students were treated to a master class with an expert who shared his deep understanding of how a judge untangles the facts of a case to determine intent, liability, guilt, and fair outcomes. Judge Adlai S. Hardin of the US Bankruptcy Court for the Southern District of New York talked to students about fraudulent conveyance law and Ponzi schemes, with a focus on Madoff, the Bayou Group, and Manhattan Investment.

Judge Hardin’s decision in In re Bayou Group set an important legal precedent for clawing back redemptions from those investors who successfully withdrew money from the investment fund before the discovery of fraud. The Bayou Group purported to be a conventional hedge fund when in fact it was an investment pyramid scheme. In the Bayou case, the judge agreed with the trustee that if investors knew, or should have known, that a fraud was being perpetrated, they cannot redeem their funds in good faith.

Corporate Governance in Action with Andrew Sole ’99
Andrew Sole ’99, founder and managing director of Esopus Creek Advisors, LLC, is an outspoken voice calling for managers and boards to be more responsive to shareholder interests. In February, Sole discussed with students his career as an investment fund manager and his response to Syms Corp., the national retailer, for failing to disclose certain real estate assets and transactions.


around campus

STUDENTS MONITOR POLLS IN OHIO Prior to Election Day, November 4, 2008, 36 Cardozo students traveled by bus to Cleveland to work as poll monitors. They stayed with local volunteers, who opened their homes. With the support of the Floersheimer Center for Constitutional Democracy and the guidance of faculty members Michelle Adams, Ed Stein, and Ekow Yankah, students received training in Ohio election law and were able to ensure that at the 36 polling precincts they monitored, every voter was able to cast a ballot. It was a profoundly meaningful and satisfying day for the students.

Brian Sogol ’10 recalled, "We were trained to handle discreet situations, and they did come up-long lines, voters confused about how the ballots worked. It felt great to see that we were really addressing problems and serving a purpose, not just standing outside for 14 hours in the cold. I think this will be one of the main things I remember about my time at Cardozo. It’s why I came to law school."

Professor Adams said, "I think there are a lot of ways of getting a legal education. What you get at Cardozo crosses a lot of different areas. There is the standard doctrinal and scholarly exposure, there are clinics and externships, and then there are experiences like going to Ohio, where you are bringing all that experience together."


The 2009 LANGFAN FAMILY ORATORICAL
COMPETITION, which recognizes student
excellence in public speaking and rhetoric, took
place in April. This year’s topic was inspired
by a recent debate in the news and the courts:
Does the US Constitution guarantee criminal
defendants and convicts the right to DNA testing
of evidence that could exonerate them?
(From left) Justin LaMort ’09, third place;
Cardozo Prof. Gary Galperin ’80, a final-round
judge; Jeff Haberman ’10, first place; Andrew
Kurland ’09, editor-in-chief, Moot Court Honor
Society; and Scott Cohen, second place

The 2009 LANGFAN FAMILY ORATORICAL COMPETITION, which recognizes student excellence in public speaking and rhetoric, took place in April. This year’s topic was inspired by a recent debate in the news and the courts: Does the US Constitution guarantee criminal defendants and convicts the right to DNA testing of evidence that could exonerate them? (From left) Justin LaMort ’09, third place; Cardozo Prof. Gary Galperin ’80, a final-round judge; Jeff Haberman ’10, first place; Andrew Kurland ’09, editor-in-chief, Moot Court Honor Society; and Scott Cohen, second place


During January Students Gain Practical Skills, Give Back, and Learn on the Road

Every January, more than 100 second- and
third-year students participate in the
Intensive Trial Advocay Program.

Every January, more than 100 second- and third-year students participate in the Intensive Trial Advocay Program.

During winter break, some students head for the slopes, some for Caribbean beaches; others use the time to enrich and supplement their education. In January 2009, the law school offered several options for credit, such as travel to China to study its legal system, the Intensive Trial Advocacy Program at Cardozo, and public service in New Orleans helping people still dealing with the aftermath of Hurricane Katrina.

The Intensive Trial Advocacy Program, a cornerstone of Cardozo’s practical skills curriculum, teaches some 100 students how to be lawyers in a two-week immersion course. Students learn courtroom strategies and techniques under the instruction of leading civil and criminal jurists and lawyers from across the country. In a "master class" approach to learning, students practice direct and cross examinations, interviewing and preparing witnesses, selecting juries, dealing with evidentiary issues, and preparing for and presenting bench and jury trials. The course ends with students conducting a full jury trial.

For the third time, students and faculty members traveled to China to experience the country’s legal transformation amid its economic reawakening. Law and Business in China has been expanded from a focus on business law to topics such as the history and philosophy of Chinese law, legal aid, and environmental law. Students also witnessed China’s growth from the vantage point of three cities: the lesser-known but emerging city of Wuhan, the bustling capital, Beijing, and the cosmopolitan Hong Kong SAR. They met with representatives of Jianghan District Court, King & Wood, Lovells, Sullivan & Cromwell, the Ford Foundation, the Bank of East Asia, Cleary Gottlieb, and the Securities & Futures Commission of Hong Kong, and interacted with law students at Wuda University and Chinese University of Hong Kong.

Danielle Labadorf ’10 said, "The most amazing accomplishment was the connection we made to law students living thousands of miles away who, like us, are attempting to change our radically different worlds through the same institution."

For the third year in a row, a group of students went to New Orleans in partnership with the Student Hurricane Network to help people with legal problems stemming from Hurricane Katrina.

During the January intensive in China, students visited the Yellow Crane Tower in Wuhan.

During the January intensive in China, students visited the Yellow Crane Tower in Wuhan.


Howard M. Squadron in Law, Media and Society

COPYSQUARE PANEL
In September, the Squadron Program cosponsored with the Cardozo Arts & Entertainment
Law Journal Copysquare: Rethinking Sharing Licenses for the Entertainment Media.
Shown above are panelists (from left) Prof. Jonathan Askin, director of Brooklyn Law
School’s Incubator & Policy Clinic; Fred Benenson, a cultural program associate at
Creative Commons; Eric E. Johnson, creator of the Copysquare license, who is an assistant
professor at University of North Dakota School of Law and a former general counsel at Fox
Cable Networks; and Prof. James Grimmelmann of New York Law School’s Institute for
Information Law and Policy.

COPYSQUARE PANEL In September, the Squadron Program cosponsored with the Cardozo Arts & Entertainment Law Journal Copysquare: Rethinking Sharing Licenses for the Entertainment Media. Shown above are panelists (from left) Prof. Jonathan Askin, director of Brooklyn Law School’s Incubator & Policy Clinic; Fred Benenson, a cultural program associate at Creative Commons; Eric E. Johnson, creator of the Copysquare license, who is an assistant professor at University of North Dakota School of Law and a former general counsel at Fox Cable Networks; and Prof. James Grimmelmann of New York Law School’s Institute for Information Law and Policy.

SQUADRON FELLOWS SPEND SUMMER IN MEDIA- AND ARTS-RELATED RESEARCH Squadron summer fellows receive stipends for internships they secure in media- and arts-related research projects from Washington, DC, to London and Moscow. The projects this summer directly reflect the students’ academic interests and future career plans. At the Due Process of Law Foundation in Washington, DC, Anamay Melmed ’11 will conduct research on themes related to Latin America, including indigenous peoples, normative systems, judicial nominations, and the conflict between indigenous communities and the government. Shubha Gokhale ’11 will work in Mumbai with the Hoot, a media watch site assigned to TV and print monitoring in Marathi, filing reports on how the media cover the regional chauvinism of the dominant political parties in Maharashtra, analyzing media policy issues arising from the coverage, and generating article ideas. Maria Matasar-Padilla ’11 will help the Committee to Protect Journalists, an advocacy group that promotes press freedom worldwide, as a legal researcher and analyst for a handbook to provide legal guidance to journalists working abroad, including a summary of recent and ongoing cases against journalists charged with violating local restrictions. Katya Fisher Yoffe ’11 will provide assistance to the Moscow Media Law and Policy Institute and the Moscow Times, Russia’s premier English-language daily newspaper, researching Russian cultural property law, Holocaust-era looted art, and problems regarding theft, forgery, and the lack of regulation in the Russian art market.

GUESTS SPEAK ON BLOGGING, THE ELECTION, ENTERTAINMENT, MEDIA, AND MORE The Squadron Program hosted several luncheon speakers in the fall of 2008. David Flumenbaum, an editor at the Huffington Post, spoke about blogging, the social and legal issues he faces, and the future of journalism. Howard F. Jaeckel, vice president and associate general counsel for CBS, spoke on election law and its effect on broadcasters; he offered his perspective on its utility in the current media climate.



For the 2008 Monrad G. Paulsen
Intramural Moot Court Competition
final round in November, the
presiding justices were the
Honorable Frederic Block and the
Honorable Brian Cogan of the US
District Court for the Eastern District
of NY, and the Honorable
Theodore Jones of the NY State
Court of Appeals. The Paulsen Moot
Court finalists are (from left):
Josh Wolkoff ’10, John Safarli ’09,
Alex Warshow ’09 (Best Oralist), and
Michael Shepherd ’09 (Best Brief).

For the 2008 Monrad G. Paulsen Intramural Moot Court Competition final round in November, the presiding justices were the Honorable Frederic Block and the Honorable Brian Cogan of the US District Court for the Eastern District of NY, and the Honorable Theodore Jones of the NY State Court of Appeals. The Paulsen Moot Court finalists are (from left): Josh Wolkoff ’10, John Safarli ’09, Alex Warshow ’09 (Best Oralist), and Michael Shepherd ’09 (Best Brief).



Michael A. Cardozo, New York City’s Corporation Counsel, the chief legal officer serving the mayor, elected officials, the city, and its agencies, was a guest in November 2008 as
part of the dean’s speaker series.
Cardozo spoke to students about
Careers in the Government after
Graduation. More than 60 of the 75
Cardozo alumni who work at the NYC
Law Department attended as well.

Michael A. Cardozo, New York City’s Corporation Counsel, the chief legal officer serving the mayor, elected officials, the city, and its agencies, was a guest in November 2008 as part of the dean’s speaker series. Cardozo spoke to students about "Careers in the Government after Graduation." More than 60 of the 75 Cardozo alumni who work at the NYC Law Department attended as well.


Prof. Alain Badiou from the École Normale Supèrieure
in Paris, author most recently of Logics of Worlds,
spoke on Democracy and Philosophy in November,
giving the Rhett Rountree Fund Public Lecture.

Prof. Alain Badiou from the École Normale Supèrieure in Paris, author most recently of Logics of Worlds, spoke on "Democracy and Philosophy" in November, giving the Rhett Rountree Fund Public Lecture.


Manhattan DA Candidates Debate Enforcement
of Vehicular Homicide Laws. In June,
Cardozo Criminal Justice Society and
Transportation Alternatives hosted a debate
on the enforcement of vehicular homicide
laws. The debate featured two of the three
Manhattan Democratic DA candidates:
Richard Aborn and Cyrus Vance (above).
Leslie Crocker Snyder, the third Democratic
DA candidate, could not attend, but sent a
top staffer, Richard Socarides, in her place.
Prof. Jonathan Oberman moderated the
debate. The candidates discussed their views
on vehicular crimes and the role of the
district attorney’s office in protecting New
Yorkers from reckless and dangerous drivers.

Manhattan DA Candidates Debate Enforcement of Vehicular Homicide Laws. In June, Cardozo Criminal Justice Society and Transportation Alternatives hosted a debate on the enforcement of vehicular homicide laws. The debate featured two of the three Manhattan Democratic DA candidates: Richard Aborn and Cyrus Vance (above). Leslie Crocker Snyder, the third Democratic DA candidate, could not attend, but sent a top staffer, Richard Socarides, in her place. Prof. Jonathan Oberman moderated the debate. The candidates discussed their views on vehicular crimes and the role of the district attorney’s office in protecting New Yorkers from reckless and dangerous drivers.



Music Artist Lawyers' View from
the Street was the topic of this year’s
Arts and Entertainment Law Journal
and GRAMMY Foundation panel.
Participants included (from left):
Peter Lewit, Davis Shapiro Lewit;
Tim Mandelbaum, Dreier LLP;
Nicholas C. Ferrara, Serling Rooks
and Ferrara; Janine Small, moderator,
Codikow Carroll; Kristen Madsen,
senior vice president, and
Scott Goldman, vice president, the
GRAMMY Foundation.

Music Artist Lawyers' View from the Street was the topic of this year’s Arts and Entertainment Law Journal and GRAMMY Foundation panel. Participants included (from left): Peter Lewit, Davis Shapiro Lewit; Tim Mandelbaum, Dreier LLP; Nicholas C. Ferrara, Serling Rooks and Ferrara; Janine Small, moderator, Codikow Carroll; Kristen Madsen, senior vice president, and Scott Goldman, vice president, the GRAMMY Foundation.