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Weisberg Awarded the French Legion of Honor

Stanley Fish Discusses Academic Freedom and the Purpose of Teaching

Judge Andras Sajo

Diller Taps Ed Stein for Vice Dean

CYBERLAW SCHOLAR APPOINTED TO FACULTY

MINZNER TO SERVE AS FERC COUNSEL

Sheri Rosenberg & the Human Rights and Genocide Clinic Represent Plaintiff in Landmark Discrimination Case

Visitors for the Academic Year Announced

Scheck & Neufeld Honored with Thomas Jefferson Medal

Honors

Panels, Papers, Speeches

Adjuncts

Weisberg Awarded the French Legion of Honor

French Ambassador Pierre Vimont presented the medal to Richard Weisberg

French Ambassador Pierre Vimont presented the medal to Richard Weisberg

Richard Weisberg, the Walter Floersheimer Professor of Constitutional Law, was named to the Legion of Honor, the highest recognition given by the French Republic for outstanding service to France. French President Nicolas Sarkozy signed a decree in December 2008 making Weisberg a Chevalier of the National Order of the Legion of Honor for his "contribution to the development of French-American relations, in the defense of human rights, and in striving for the reparation of wrongs and of losses suffered by Jewish families during World War II." Weisberg received the medal at a ceremony on January 22, 2009, in Washington, DC. He is the third Cardozo professor to be so honored. Michel Rosenfeld was recognized as a knight in 2004. Professor Emeritus Minasse Haile received the honor several years ago.

Weisberg, an expert on the practice of law during the Vichy regime, is the author of Vichy Law and the Holocaust in France, published in 1996 by New York University Press and translated into French in 1998. Since 2001, he has represented plaintiffs before an oversight committee, consisting of American State Department and French government officials, that is responsible for the restitution, to victims or their heirs, of banking assets stolen during the Vichy regime. He has also worked on cases in American federal courts against various banks and other institutions arising out of their actions during the Holocaust.

Created in 1802 by Napoleon Bonaparte, the Legion of Honor is conferred on illustrious individuals. They are nominated for distinguished military or civilian service and professional prominence and are appointed for life through a decree signed by the President of the Republic. Each year, about 10 Americans are recognized with this honor. American honorees include Colin Powell, Ronald Reagan, Neil Armstrong, Robert De Niro, and Estée Lauder.

(From left) Lester Brickman, Arthur Jacobson, and Leon Wildes were among those to celebrate Weisberg’s honor at a reception held at Cardozo

(From left) Lester Brickman, Arthur Jacobson, and Leon Wildes were among those to celebrate Weisberg’s honor at a reception held at Cardozo.

Dean David Rudenstine said, "We are very proud that Richard Weisberg’s extensive legal and historical research and service to the French people are being recognized. His work has uncovered disturbing truths that have important legal and civil implications worldwide, and here at Cardozo his contributions enrich the law school for students and faculty alike." Weisberg has taught at Cardozo since 1977.

Professor Weisberg’s specialties also include constitutional law and trusts and estates. He is a pioneer of the worldwide interdisciplinary Law and Literature movement, is the founding editor of the 20-yearold journal Law and Literature (University of California Press), and is the author of The Failure of the Word; When Lawyers Write; and Poethics and Other Strategies of Law and Literature. He is a former chair of the law and humanities section of the Association of American Law Schools. From 1979 to 1986, he was president of the Law and Humanities Institute, and he has been its chair since 1987.

Among other honors, Weisberg has been a fellow of the National Endowment for the Humanities, the Society for the Humanities of Cornell University, the American Council of Learned Societies, and the Rockefeller Foundation. In 1998, he was named a Guggenheim Fellow for his study of the privatization of public discourse.

 

Stanley Fish Discusses Academic Freedom and the Purpose of Teaching

(From left) Robert Post, Richard Epstein, Stanley Fish, and David Rudenstine

(From left) Robert Post, Richard Epstein, Stanley Fish, and David Rudenstine

"Do not hijack the academy for your politics and values!" pronounced public intellectual and Cardozo visiting scholar Stanley Fish at a talk in which he discussed his most recent book, Save the World on Your Own Time. College teachers are equipped, he said, "to introduce students to bodies of knowledge and to teach them analytic and research skills so that they can learn to reason on their own. That is my argument, nothing more, nothing less."

Fish went on to say much more. He deplored the mission statements of universities that seek to shape the "total person'-not just students’ intellects, but their ethical, social, and political selves as well. Teachers should keep their political and personal views out of the classroom, he argued. Those who offer their views often invoke academic freedom, but Fish argues that academic freedom, correctly understood, is the freedom to do the academic job, not the freedom to do any job that comes to the professor’s mind. As an example, Fish said that when he teaches Milton’s Paradise Lost, even though he has a personal opinion about whether or not Satan is the hero of the epic poem, he encourages his students to put moral considerations aside and ask "How does this argument work?" This, he said, has continued to be a matter of dispute since 1712.

Also on the panel, moderated by Dean David Rudenstine and sponsored by the Floersheimer Center for Constitutional Democracy, was Richard Epstein of University of Chicago Law School, who said of Fish’s position, "I disagree with just about everything." He contended, "I need to have substantive and rational arguments. I will say to my students, ‘Here’s how Marx thinks about it, here’s how I think about it.’ I think it’s impossible to separate your opinions out. You either let everybody in or nobody in."

Robert Post of Yale Law School, another panelist, playfully opened with, "It is a terror and a pleasure to speak with Stanley. Therefore it is sublime." He believes that Fish sees the world through the lens of a literary critic, adding "We often read to find truth about what the author is saying, not for literary structure." Post went on to say, "What’s wrong with putting forward ideas as candidates for approval? It doesn’t necessarily equal a political agenda."

After an hour of jovial intellectual sparring, Fish summed up the debate: "When someone from the outside asks academia to justify itself and asks ‘What use is this venture anyway?’ the answer is, ‘None whatsoever.’"


Judge Andras Sajo (on left) of the European Court of Human Rights delivered a public lecture under the auspices of the Floersheimer Center in October 2008, “The Emotional Foundations of Human Rights.” Judge Sajo is a frequent visitor at Cardozo. He is shown here with Prof. Guy Harrscher, Université Libre de Bruxelles.

Judge Andras Sajo (on left) of the European Court of Human Rights delivered a public lecture under the auspices of the Floersheimer Center in October 2008, “The Emotional Foundations of Human Rights.” Judge Sajo is a frequent visitor at Cardozo. He is shown here with Prof. Guy Harrscher, Université Libre de Bruxelles.


Diller Taps Ed Stein for Vice Dean

Dean Matthew Diller has named Ed Stein Cardozo’s vice dean beginning July 1, 2009. Stein is the director of the Program in Family Law, Policy, and Bioethics. When making the announcement, Diller said, "Ed is a superb teacher and scholar who has increasingly undertaken major leadership roles at Cardozo, all of which makes him a perfect candidate for the job."

Stein, whose current research focuses on legal issues involving families, sexual orientation, and gender, joined the Cardozo faculty in 2000. In addition to overseeing the Program in Family Law, which he helped found, Stein is a member of the self-study committee that is preparing for the ABA reaccreditation process and of the board of the Center for Ethics at Yeshiva University.

"I am thrilled to be working with Matthew Diller as he begins his tenure," said Stein. "Together we can build upon the tremendous work done by David Rudenstine and Michael Herz and make Cardozo an even better place to study and to teach law."

Stein has served previously as chair of the appointments committee and as chair of the educational policy committee, in which capacity he helped shepherd through a major revision of the first-year curriculum. For many years, he was also a member of the clerkship committee.

Before joining the Cardozo faculty, Stein taught in the philosophy departments at Yale University, Mount Holyoke College, and New York University. In 2001-2, he clerked for Judge Dolores Sloviter of the US Court of Appeals for the Third Circuit. He is the author of numerous articles and books on legal, philosophical, and scientific topics.


Felix Wu

Felix Wu

CYBERLAW SCHOLAR APPOINTED TO FACULTY Felix Wu, a cyberlaw scholar who received both his J.D. and his Ph.D. in computer science in 2005 from the University of California, Berkeley, has been appointed assistant professor of law beginning in the fall of 2009. At Berkeley, Wu was recognized with the Annual Review of Law & Technology Award for best note, was associate editor of the Berkeley Technology Law Journal, and received American Jurisprudence Awards for the highest grades in several subjects. His dissertation concerned online auctions, a topic on which he has also written a number of articles. Upon graduation, Wu became an associate at Covington & Burling in San Francisco. From July 2006 to July 2007 he clerked for Judge Sandra L. Lynch of the United States Court of Appeals for the First Circuit. Immediately prior to coming to Cardozo, he was an intellectual property associate at Fish & Richardson in Boston. Wu received his undergraduate degree in 1996 in computer science summa cum laude from Harvard. He is a member of the Order of the Coif and Phi Beta Kappa. He will teach Trademark Law, Cyberlaw, and a seminar on privacy.


MINZNER TO SERVE AS FERC COUNSEL
Max Minzner, an assistant professor since 2006, has been appointed counsel to the
Director of Enforcement at the Federal Energy Regulatory Commission (FERC). The
FERC has jurisdiction over interstate transactions involving energy, including oil,
natural gas, and electricity. Minzner, whose background is in federal law enforcement,
will work under Norman Bay, incoming director of enforcement at the FERC,
providing advice on enforcement policies and procedures. Minzner will be on leave
from Cardozo for the 2009-10 academic year while working in Washington, DC.
From 2002 to 2006, Minzner was an assistant United States attorney in the Eastern
District of New York, where he served in the public integrity, narcotics, and general
crimes sections. After receiving his J.D. in 1999 from Yale Law School, where he
was notes editor for the Yale Law Journal, Minzner clerked for Judge Pamela Rymer
of the United States Court of Appeals for the Ninth Circuit and was an associate
at Davis Polk & Wardwell in New York.

MINZNER TO SERVE AS FERC COUNSEL Max Minzner, an assistant professor since 2006, has been appointed counsel to the Director of Enforcement at the Federal Energy Regulatory Commission (FERC). The FERC has jurisdiction over interstate transactions involving energy, including oil, natural gas, and electricity. Minzner, whose background is in federal law enforcement, will work under Norman Bay, incoming director of enforcement at the FERC, providing advice on enforcement policies and procedures. Minzner will be on leave from Cardozo for the 2009-10 academic year while working in Washington, DC. From 2002 to 2006, Minzner was an assistant United States attorney in the Eastern District of New York, where he served in the public integrity, narcotics, and general crimes sections. After receiving his J.D. in 1999 from Yale Law School, where he was notes editor for the Yale Law Journal, Minzner clerked for Judge Pamela Rymer of the United States Court of Appeals for the Ninth Circuit and was an associate at Davis Polk & Wardwell in New York.


Sheri Rosenberg & the Human Rights and Genocide Clinic Represent Plaintiff in Landmark Discrimination Case

(From left) Ari Brochin ’10, Jakob Finci, Sheri Rosenberg, and
Matt Diament ’09

(From left) Ari Brochin ’10, Jakob Finci, Sheri Rosenberg, and Matt Diament ’09

On June 3, the Grand Chamber of the European Court of Human Rights heard a case brought by Jakob Finci, a Jewish citizen of Bosnia and Herzegovina, who was denied the right to stand for election to the three-member presidency and the House of Peoples in the Bosnian parliament, solely because of his ethnicity and religion. Finci is represented by Prof. Sheri P. Rosenberg and Cardozo’s Human Rights and Genocide Clinic with Clive Baldwin and Minority Rights Group International.

Sejdic and Finci v. Bosnia and Herzegovina is one of the first cases to challenge at the European level the provisions in Bosnia’s constitution that prohibit individuals from minority groups from running for the highest offices. The case was first brought before the Strasbourg Court in 2006. In 2008 the Ordinary Chamber joined Mr. Finci’s case with the case of Dervo Sejdic. The Ordinary Chamber relinquished jurisdiction to the Grand Chamber on February 10, 2009. The Grand Chamber agrees to hear a small number of the most important cases referred to it by the Court’s Ordinary Chambers.

The Grand Chamber’s decision to accept the case—the first to be heard under Protocol 12, which provides for a robust right to nondiscrimination-gives Europe’s highest judicial body the opportunity to make clear that racial discrimination no longer has a place in the political arrangements of any of the continent’s countries. Judgment is expected later this year.

Rosenberg, the director of the Human Rights and Genocide Clinic, is also the director of Cardozo’s Program in Holocaust and Human Rights Studies. She received her J.D. from Cardozo in 1994, and an LL.M. in 2003 from Columbia University. In 2000, the US Department of State selected Rosenberg to be one of two US lawyers to work in Sarajevo, Bosnia and Herzegovina, for the Human Rights Chamber, a quasi-international court established under the Dayton Peace Agreement.

Ari Brochin ’10 and Matthew Diament ’09, helped with the case while working at the clinic, went to Strasbourg with Rosenberg for the court proceedings. Rosenberg has been working on the case with clinic students since 2005.


Visitors for the Academic Year Announced

Frank Pasquale, Loftus Professor of Law at Seton Hall Law School, where he is also associate director of the Gibbons Institute for Law, Science & Technology, will visit in the fall. Pasquale has focused his scholarship on enriching intellectual property and health law with insights from economics, philosophy, and social science. Pasquale joined Seton Hall after practicing at Arnold & Porter LLP, where his work included antitrust and intellectual property litigation. He graduated in 2001 from Yale Law School, where he was an editor of the Yale Law and Policy Review and the Yale Symposium on Law and Technology, and also served as a student director in the clinical program’s Disabilities Clinic, focusing on advocacy in the health and benefits fields. He then clerked for the Honorable Kermit Lipez of the US Court of Appeals for the First Circuit and served as a fellow at the Institute for the Defense of Competition and Protection of Intellectual Property in Lima, Peru. At Cardozo, Pasquale will teach Trademark Law and a seminar, Technology, Human Rights, and Equality.

Weiner

Weiner

In spring 2010, Mark S. Weiner, Sidney I. Reitman Scholar at Rutgers School of Law-Newark, will visit at Cardozo, after spending the fall semester as a Fulbright Fellow at the University of Akureyri in Iceland. Weiner, who has been a member of the Rutgers-Newark faculty since 2001 and was recently named the 2009/2010 Chancellor’s Distinguished Research Scholar, is an award-winning legal historian and author. His first book, Black Trials: Citizenship from the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004), received the 2005 Silver Gavel Award from the American Bar Association. His latest book, Americans without Law: The Racial Boundaries of Citizenship (NYU Press, 2006), received the President’s Book Award from the Social Science History Association. Weiner received his A.B. from Stanford University, graduating with honors and distinction, and holds a J.D. from Yale Law School and a Ph.D. in American Studies from Yale University. He has been the recipient of a Jacob K. Javits Fellowship from the US Department of Education, a Samuel I. Golieb Fellowship in Legal History from NYU School of Law, and a dissertation fellowship from the Mrs. Giles Whiting Foundation at Yale. During his Cardozo visit, Professor Weiner will teach the first-year Constitutional Law course.

Sadurski Roth Pasquale Mancini

Several visitors familiar to Cardozo will return again this year. In the fall, Uriel Procaccia and Christian Delage return to teach Comparative Corporate Governance and Law and Film, respectively. In the spring, Renata Salecl will, as usual, teach Psychoanalysis and the Law, and Bernhard Schlink will offer a legal-theory seminar.

OTHER VISITORS Wojciech Sadurski, a professor of legal theory and legal philosophy at the EUI Law Department in Florence, and Susanna Mancini, associate professor of comparative public law at the University of Bologna,who also teaches at Johns Hopkins’ Bologna campus, will be teaching short courses in the spring of 2010 under the auspices of the Floersheimer Center. Mancini is returning to Cardozo; she also taught in 2008.

Dr. Isaiah M. Gafni, the Sol Rosenbloom Professor of Jewish History at the Hebrew University, where he received his Ph.D. and has taught for more than 40 years, will be the Meyer Visiting Professor in the Center for Jewish Law. He has written extensively on a broad range of topics relating to the social, religious, and cultural history of the Jews in late antiquity. He was formerly the director of the Mandel Center of Jewish Studies at the Hebrew University and also previously served as director of graduate studies at the university’s Rothberg International School. He has been a visiting professor at numerous American universities, including Harvard, Yale, and Brown.

VISITING ASSISTANT PROFESSORS Jessica Roth, who has been an assistant United States attorney for the Southern District of New York since 2002, has received a twoyear appointment as a visiting assistant professor. During her tenure at the US Attorney’s Office, Roth handled a wide variety of cases, often as lead prosecutor. Most recently she prosecuted financial crimes; previously she had served in the violent crimes unit, the narcotics unit, and the general crimes unit. In 1997, she received a J.D. cum laude from Harvard, where she also earned a B.A. In law school, she was lead executive editor for the Harvard Civil Rights-Civil Liberties Law Review and was a teaching fellow, for which she received the Derek Bok Award for excellence in teaching. In 1997-98, she clerked for Hon. Denise Cote of the US District Court for the Southern District of New York and a year later she clerked for Hon. John M. Walker, Jr., of the US Court of Appeals for the Second Circuit. From 1999 to 2002, she was with the law firm of Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., where she was a member of the firm’s white-collar criminal defense department and responsible for expanding its public interest and constitutional law practice. She will be teaching Criminal Law.

Padmanabhan Winship

Vijay Padmanabhan and Verity Winship will return as visiting assistant professors, completing two-year appointments.

 
 

Scheck & Neufeld Honored with Thomas Jefferson Medal

The University of Virginia presented the Thomas Jefferson Medals in Architecture, Civic Leadership, and Law to Barry Scheck and Peter Neufeld at the school’s Founder’s Day Activities on April 14. The awards are presented jointly with the Thomas Jefferson Foundation, the nonprofit organization that owns and operates Monticello. The artist Robert Irwin and former Secretary of State Warren M. Christopher were honored as well.

According to the university’s press release, the Thomas Jefferson Medals are the highest external honors bestowed by the university, which grants no honorary degrees. They recognize achievements of those who embrace endeavors that Jefferson-author of the Declaration of Independence, third US president, and founder of the University of Virginia-excelled in and held in high regard.

"Nothing the legal system does is more important than adjudicating criminal guilt and innocence," said Dean Paul G. Mahoney of the university’s law school. "Barry Scheck and Peter Neufeld have worked tirelessly to identify and remedy mistaken convictions and by so doing have served the interests not merely of their clients, but of justice." Previous recipients of the law medal include six US Supreme Court justices, Senators Sam Nunn and Edmund S. Muskie, and former Attorney General Griffin B. Bell.

 

HONORS Richard Weisberg was designated an honorary member of the Faculty of Law of the University of Wuhan (China) in ceremonies there in January 2009. Weisberg, who was with Cardozo’s intensive program in Wuhan and Beijing at the time, delivered his inaugural faculty lecture, "Libel Law Comparisons: China and the US."

 

PAPERS, PANELS, SPEECHESRabbi J. David Bleich’s essay "Ramban’s Position Regarding Medical Malpractice and Jewish Law" appeared in Iggud: Selected Essays in Jewish Studies, vol. 1: The Bible and Its World, Rabbinic Literature and Jewish Law, and Jewish Thought, published by Magnes Press in Jerusalem. In November he traveled to Berlin and gave two talks: "Ecological Concerns: A Jewish Perspective" at Berliner Studien zum Jüdischen Recht and Humboldt University, and "Nazi Medical Experimentation" at the Organisation der Jüdische Artzte und Psychologen. In December, he presented"Tort Liability for Insured Damages" in Jerusalem at the 18th Annual International Conference on Jurisprudence in Jewish Law.

Malvina Halberstam participated in a panel, "Piracy off Somalia: The Challenges for International Law," at the annual meeting of the American Society of International Law, held in March in Washington, DC. She spoke about the application of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, a treaty she helped negotiate when she served as a counselor on international law in the US Department of State.

Lemos Herz

Michael Herz presented "Institutional Capacity and Statutory Purpose" at a symposium on agency statutory interpretation at Michigan State University Law School in November 2008. Maggie Lemos also participated. At the AALS annual meeting in San Diego in January, he appeared on a president’s panel regarding the role of religiously affiliated law schools. In February 2009, Herz presented a paper, "Institutional Design and the Internal Separation of Powers," at Executive Power: New Directions for the New Presidency, a conference at Emory Law School. In April he gave a paper on judicial review and negotiated rulemaking at the Collaborative Governance conference at American University.

Marci Hamilton gave the Crawford Distinguished Lecture in Municipal Law at Albany Law School in the fall of 2008. Her talk, "The Constitutional Scope of Congress’s Power over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act Is Unconstitutional," was then published in the Albany Law Review. She spoke at Central European University in June 2009, presenting "Reflections on Employment Div. v. Smith and Boerne v. Flores and the Relationship between the Legal Academy and the United States Supreme Court." She continues to press for legislation in states across the country on behalf of victims of childhood sexual abuse. In April, Hamilton participated in a historic press conference in Albany that brought together child sex abuse survivors, the National Black Churches Initiative, Orthodox Jewish groups, and Catholics, all in support of the Child Victims’ Act, a bill in the NY State legislature. She also presented oral arguments before the New Jersey Supreme Court and the Illinois Supreme Court in child sex abuse cases involving the statute of limitations.

Hamilton, Hughes, Jacobson, Love

Justin Hughes and Ed Stein, and Prof. Carl Minzer of Washington University Law School, went to Beijing this summer to teach in the State Intellectual Property

Office-Cardozo program. In April 2009, Hughes was a panelist at Authorship and Ownership, a conference marking the 100th anniversary of the 1909 Copyright Act, at Santa Clara University. He also moderated two panels and gave a talk, "Copyright Responsibility on the Internet in Three Acts," at Creativity and the Internet: Are We Building a Sustainable Ecosystem? The forum was the 17th Annual International Intellectual Property Law and Policy Conference, organized by Fordham Law School and held in Cambridge, England. Also in April, Hughes was a panelist at a roundtable, "Technology, Innovation, and American Primacy," at the Council on Foreign Relations in New York. Earlier in the spring, he was senior commentator at Junior Scholars in IP 2009, held at Michigan State University. He was also a panelist on "The Legal Landscape" at the Federal Trade Commission Digital Rights Management Town Hall, in Seattle. At the University of Hokkaido Law School, in Sapporo, Japan, he delivered "Copyright Enforcement on the Internet- in Three Acts" and "Do the Justifications for Intellectual Property Survive in the Networked Environment?" In February, Hughes participated in "The Making Available Right: What Went Wrong?" held by the Philadelphia chapter of the Copyright Society of America. In January, he appeared on a panel, "Shooting the Messenger-ISPs and Intermediaries Caught in the Crossfire," at the Global Intellectual Property Forum, held by the Singapore IP Academy.

Hamilton, Hughes, Jacobson, Love

Arthur Jacobson gave a talk, "Hate Speech and Self- Restraint," in April at the Hate Speech and Incitement to Violence Workshop run by Peter Molnar and Kendall Thomas at Columbia Law School.

Lela Love is serving as chair of the ABA Section of Dispute Resolution, an organization of 20,000 members, and oversaw the first International Mediation Leadership Summit, which was held in The Hague in the fall of 2008.

Eric Pan’s article "Single Stock Futures and Cross- Border Access for US Investors" was published in the Stanford Journal of Law, Business & Finance, and "Regulatory Competition in International Securities Markets-Part II," which he wrote with Howell E. Jackson, appeared in the Virginia Law & Business Review. Pan’s research study for Canada's expert panel on securities regulation, "Structural Reform of Financial Regulation in Canada," written in October 2008, was publicly released by the government of Canada in January 2009. He also wrote two op-ed pieces that same month. One, "Difficult, Yes, But Just the First Step Forward," was published in the Toronto Globe and Mail; the other, "Une leçon de la crise: Le temps est venu pour le Canada de modernizer son systême réglementaire," appeared in La Presse in Montreal.

He gave a number of talks in the spring: "Reforming the Financial System: A Progress Report" at the American Constitution Society 2009 national convention in Washington, DC, in June; "Structural Reform of Financial Regulation in Canada" at the Capital Markets Institute of the Rotman School of Management, University of Toronto, in May; "The Failed Duty to Monitor" at a conference called Fear, Fraud, and the Future of Financial Regulation, held at New York Law School; and "Early Reflections on the Financial Crisis" at University of Maryland School of Law, the latter two in April. Pan delivered "International Aspects of the Global Financial Crisis" at the annual meeting of the American Society of International Law in Washington, DC, in March. In London that same month he presented "Financial Regulation after the Global Financial Crisis" at the Royal Institute of International Affairs. At the University of Iowa in February he delivered "Structural Reform of Financial Regulation" at the Transnational Law & Contemporary Problems Symposium. In January, Pan gave a talk, "Comments on Extraterritorial Application of US Financial Regulations," at the American Law Institute Invitational Conference, held at the Harvard Club in New York.

In October 2008, Pan presented "Regulatory Competition in International Securities Markets" at the Harvard Law School International Finance Seminar; "The Global Credit Crisis: Prospects and Implications for Asia" at the China-Europe International Business School in Shanghai; and "Mutual Recognition" at the International Bar

Association’s annual meeting in Buenos Aires. He was a commentator on "The Hardening of Soft Law in Financial Regulation" at a conference at Brooklyn Law School, Generating International Legal Norms. In September he participated in the Yale Law & Policy Review Conference, offering "Accountability and Principled Governance."

Sheri Rosenberg’s article "Reparations in Dayton’s Bosnia and Herzegovina," coauthored with Carla Ferstman, appeared in Reparations for Victims of Genocide, Crimes against Humanity, and War Crimes: Systems in Place and Systems in the Making, edited by Ferstman, Goetz, and Stephens and published by Martinus Njihoff Press.

Michel Rosenfeld enjoyed a yearlong sabbatical during which he was the Fernand Braudel Senior Fellow from January 1 through March 2009 at the European University Institute in Florence and taught short courses at the University of Aix- Marseille III, the University of Paris X, the University of Paris I, and the University of Palermo. Derrida and Legal Philosophy coedited with Peter Goodrich, Florian Hoffmann, and Cornelia Vismann, was published by Palgrave Macmillan. "Principle or Ideology? A Comparativist Perspective on the US Controversy over Citations to Foreign Authorities" (in French translation) appeared in Comparer les droits résolument, edited by Pierre Legrand and published by Presses Universitaires de France; "Regulation of Hate Speech" was published in Global Perspectives on Constitutional Law, edited by Vikram Amar and Mark Tushnet and published by Oxford University Press; and "Rethinking Constitutional Ordering in an Era of Legal and Ideological Pluralism" appeared in the International Journal of Constitutional Law.

Rosenfeld also spoke at conferences in the US and abroad; at the beginning of the fall 2008 semester, he gave a talk, "Rethinking Constitutional Ordering in an Era of Legal and Ideological Pluralism," at the Columbia University Political Theory Workshop. In October, he presented "An American Perspective on French Constitutional Adjudication" at a panel, "The French Fifth Republic Viewed from Abroad," held at the University of Paris II; "2008 US Election: The Clash between the New Jerusalem and the Age of the Enlightenment" at the International Conference on the 2008 US Election, at the Université Libre de Bruxelles; and "Should Constitutional Democracies Redefine Emergencies and the Legal Regimes Suitable for Them?" at the University of Alabama School of Law Symposium on Sovereignty, Emergency, and Legality. In November, he offered "Congress in Comparative Perspective" at a Boston University symposium, The Most Disparaged Branch: The Role of Congress in the 21st Century. In December, he returned to Europe and gave a talk, "Human Rights: Universalism v. Relativism," at the Johns Hopkins University International Conference on Regional Human Rights Mechanisms: The European Convention and the Arab Charter, which was held in Bologna. Rosenfeld also delivered the closing conference of his tenure as the Blaise Pascal Research Chair, University of Paris I.

In January 2009, he returned to the European University Institute and was a panelist on "Judicial Treatment of ‘War on Terror’ Cases in Comparative Perspective" at Security and Law: Facing the Dilemmas. He gave a faculty seminar at the department of law in February: "Rethinking Constitutional Order in an Era of Legal and Ideological Pluralism." Returning to New York in April, he presented 'Hate Speech in Constitutional Jurisprudence: A Comparative Analysis" at Columbia Law School’s Center for the Study of Law and Culture Workshop. In May, he delivered the concluding remarks at the International Conference on Religious Pluralism, sponsored by the Tres Culturas Foundation at the University of Jaen in Spain. In June, he presented "The Functional and Identitarian Dimensions of Contemporary Citizenship in National and International Settings" as a panelist at the Fourth Galilee Colloquium on Social, Moral, and Legal Philosophy in Kfar Blum, Israel.

Salzman

Leslie Salzman’s article "Rethinking Guardianship (Again): Substituted Decision Making as a Violation of the Integration Mandate of Title II of the Americans with Disabilities Act" will be published in the University of Colorado Law Review. She presented the paper twice in the past year: in April, at the Marquette Elder’s Advisor Symposium, The Convergence of Elder and Disability Policy, in Milwaukee, and in November 2008 at the 2008 International Guardianship Network Conference in Vancouver. While there she also presented a working paper, "The Legality of Bifurcated State Guardianship Systems," at the World Study Group on Elder Law. In December 2008, she gave a talk, "Fair Housing and Persons with Disabilities," at a LANDMARKWEST! training conference, Fair Housing: Legal and Historical Perspectives.

In May, Carl Smith, director of the Tax Clinic, moderated "Collection Alternatives: Offers-in-Compromise, Installment Agreements, Partial-Pay Installment Agreements, Currently Not Collectible Status, and Bankruptcy," a panel consisting of IRS lawyers and low-income taxpayer clinic professors. The event in Washington, DC, was sponsored by the American Bar Association Tax Section.

Alex Stein’s most recent work, "Originality," written with Gideon Parchomovsky, has been accepted for publication by the Virginia Law Review. The article introduces a novel model of copyright law that calibrates authors’ rights and liabilities to the level of originality in their works. His article, "Reconceptualizing Trespass," also written with Parchomovsky, was selected for presentation at the American Law & Economics Association’s annual meeting at University of San Diego Law School in May 2009. He presented the article previously at University of Virginia Law School. It will be published in the Northwestern University Law Review. He also published in Cardozo Law Review’s symposium issue on the Fifth Amendment a response to critics of his wellknown work with economist Daniel Seidmann, "The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege," published eight years ago in the Harvard Law Review.

Peter Tillers edited, with J. Jackson and M. Langer, Crime, Procedure, and Evidence in a Comparative and International Context, published in the fall of 2008 by Hart Publishing. Tillers moderated, with Dan Kahan, an evidence panel at a conference in honor of Mirjan Damaska held at Yale Law School in the fall of 2008.

Ed Zelinsky has been named a regular monthly columnist on Oxford University Press’s OUPblog. Publishing under the banner "EZ Thoughts," Zelinsky writes monthly on such diverse topics as the state tax implications of swine flu, Warren Buffett and the estate tax, and amending the 17th Amendment to the US Constitution to abolish gubernatorial appointments to the US Senate.

 

ADJUNCTS

Michael A. Bamberger, who teaches LLC/Partnerships, won the Martin I. Lubaroff Award given by the ABA Committee on LLCs, Partnerships, and Unincorporated Business Entities. He was honored for making material contributions to the development of alternative entity law.

Careen Shannon of Fragomen, Del Rey, Bernsen & Loewy, PC, who teaches immigration law, coauthored with Austin Fragomen and Daniel Montalvo the State Immigration Employment Compliance Handbook, recently published by West.

The second edition of Winning at the NLRB, coauthored by Matthew M. Franckiewicz and Daniel Silverman, who directs the Labor and Employment Law Clinic, was released by BNA Books in 2009.

CARDOZO ADJUNCT JUDGE CHARLES TEJADA DIES The Honorable Charles J. Tejada an Acting NYS Supreme Court Justice and Judge of the Court of Claims, who was also an adjunct professor at Cardozo for many years, died in December 2008. A memorial service was held in January at the New York County Lawyers Association. Known for presiding in the Central Park Jogger case, Judge Tejada taught Remedies. He received his bachelor's degree from the City College of New York in 1970 and his law degree from New York University School of Law.

Judge Joseph A. Greenaway Jr., of the United States
District Court for the District of New Jersey and an
adjunct professor has been nominated by President
Obama to the Third Circuit Court of Appeals in
Philadelphia. In announcing the nomination on June
19, President Obama said that Greenaway had distinguished
himself as a first-rate jurist with unflagging
integrity and evenhandedness. At Cardozo, Greenaway
teaches Criminal Trial Practice and a Supreme Court
seminar. Prior to being confirmed to the federal bench
12 years ago, he was an in-house general attorney at
Johnson & Johnson for six years. Before that, Judge
Greenaway served as an Assistant US Attorney in
Newark, spending four years in the criminal division
and one as chief of the narcotics division.

Judge Joseph A. Greenaway Jr., of the United States District Court for the District of New Jersey and an adjunct professor has been nominated by President Obama to the Third Circuit Court of Appeals in Philadelphia. In announcing the nomination on June 19, President Obama said that Greenaway had distinguished himself as a "first-rate jurist with unflagging integrity and evenhandedness." At Cardozo, Greenaway teaches Criminal Trial Practice and a Supreme Court seminar. Prior to being confirmed to the federal bench 12 years ago, he was an in-house general attorney at Johnson & Johnson for six years. Before that, Judge Greenaway served as an Assistant US Attorney in Newark, spending four years in the criminal division and one as chief of the narcotics division.