672 Faculty Briefs 1000

Books Published by Price, Rosenfeld, and Schroeder
Barry Scheck Calls for National Innocence Network
Three Cardozo Profs Testify Before Congress
Verkuil & Rosenfeld Join Supreme Court Justices at Meetings with European Jurists
Professional Honors
Speeches - Panels - Papers
Adjunct Faculty

Books Published by Price, Rosenfeld, and Schroeder
In a variety of studies, Cardozo faculty consistently rank in the top tier for scholarly productivity. Therefore, it comes as no surprise that in recent months Monroe Price, Michel Rosenfeld, and Jeanne Schroeder have written and/or edited a total of six books. Additionally, two previously published books by Professors Price and Richard Weisberg have been translated and published in Europe.
The Vestal and The Fasces - Shcroeder's Book     In The Vestal and the Fasces: Hegel, Lacan, Property, and the Feminine, published by the University of California Press, Professor Schroeder explores the erotics of the marketplace, Hegel's notion of property, and Lacan's idea of the phallus and shows that they serve parallel functions in creating the subjectivity necessary for self-
actualization. According to Schroeder, "Property law is implicitly figured by anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome-the ax and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal." Schroeder claims that female emancipation and property rights are necessary conditions for the actualization of the free individual and the just society.
    Michel Rosenfeld has two new books to his credit. Just Interpretations: Law Between Ethics and Politics, published by University of California Press, offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence. Rosenfeld explains that in the book he "elaborates a theory of 'comprehensive pluralism.'" Building on the insights of deconstruction, his alternative approach answers Derrida's often neglected positive call for an ethical commitment to bridging the gap between self and other without sacrificing the singularity of either. Book Party
    Rosenfeld is also co-editor with Andrew Arato of University of California's newly released volume, Habermas on Law and Democracy: Critical Exchanges, which provides a provocative debate between Jurgen Habermas and a wide range of his critics on his novel and powerful theory of law that purports to bridge the gap between democracy and rights. Most of the essays, including ones by Rosenfeld and Arthur Jacobson, were originally published in a special symposium issue of the Cardozo Law Review that grew out of a conference at the Law School.
    Monroe Price has edited three volumes in the area of communications law in recent months. In The V-Chip Debate: Content Filtering From Television to the Internet, published by Lawrence Erlbaum Associates, he has gathered an international set of contributions from government, academe, and industry to discuss the origins and development of the V-chip and its certain destiny to alter not just programming and broadcasting policies but law and public policy as well.
    With Stefaan G. Verhu 1000 lst, he edited Broadcasting Reform in India: Media Law from a Global Perspective, published by Oxford University Press. Bringing together important essays and documents from the debate in India over broadcasting reform, which deals with the history of Indian pluralism, the importance of national and religious values, the influence of a potential flood of western entertainment images, and a challenge to the power of the central government. The essays inform discussion about free speech and media transformations throughout the world.
    With Roger G. Noll, Price edited A Communications Cornucopia: Markle Foundation Essays on Information Policy, published by Brookings Institution Press. The editors bring together essays that provide a broad look at the many ways that information technology relates to issues of governance and public policy, and demonstrate the usefulness of rigorous, multi-
disciplinary policy analysis in assessing the significance of changing technology. Price also contributed a chapter in this volume.
    Price's previously published, Television, the Public Sphere, and National Identity was translated and published in Hungarian by Magveto and is enjoying brisk sales. This fall, in a weekly list compiled by the most fashionable book store in the Hungarian capital, the volume was listed as the third most popular book.
    Richard Weisberg reports from Paris that his book Vichy Law and the Holocaust in France has been released in French by Editions des Archives, which hosted a book party.

Barry Scheck Calls for National Innocence Network
Barry Scheck has gone on the road to promote The Innocence Project nationally. At the "National Conference on Wrongful Conviction and the Death Penalty" held in November at Northwestern Law School, Professor Scheck invoked Judge Learned Hand, who in 1923 wrote, "Our procedure has always been haunted by the ghost of the innocent man convicted. It is an unreal dream." He called upon colleagues from law schools around the country to establish an "Innocence Network."
    According to Scheck, the conference, which he helped to organize, is the first step in building a network of faculty members who will take on wrongful conviction cases and/or teach courses that explore the causes and remedies for this vexing problem.
    "It is our experience that law schools are the last, best hope for those who have viable claims of wrongful conviction. . . These cases are often complex, and they require idealism, energy, and creative lawyering-qualities found in abundance among faculty, students, and administrations at law schools," wrote Scheck in a letter of invitation to law professors throughout the country.
    "Moreover," he continued, "when even one wrongful conviction is corrected on the grounds of actual innocence, the impact of that case in the jurisdiction where it occurred, and the lessons it teaches about all aspects of the system, are usually profound for all involved."
    According to Scheck, "we have learned through our work that so much more could be accomplished if law schools throughout the country made a concerted and organized effort to focus on the problem of actual innocence from both a scholarly and hands-on perspective."
    To dramatize and make human the lessons to be learned, 74 individuals who have been exonerated after having once been condemned to die attended the conference, which featured a keynote address by Rev. Jesse Jackson as well as dozens of panels featuring the leading scholars and attorneys who work in this area of the law.

Three Cardozo Profs Testify Before Congress
Cardozo professors continue to be very visible in the courts, in the news, and in the halls of Congress. Lester Brickman testified in June at the Senate hearings on National Tobacco Policy and Youth Smoking Reduction Act. That same mon 1000 th, Marci Hamilton gave testimony before the Senate Committee on the Judiciary and the House Subcommittee on the Constitution on the Religious Liberty Protection Act of 1998. Then, in November, John O. McGinnis also testified before the House Subcommittee on the Constitution on impeachment.

Verkuil & Rosenfeld Join Supreme Court Justices at Meetings with European Jurists
French President Jacques Chirac and Dean Verkuil
In July, US Supreme Court Justices Sandra Day O'Connor, Ruth Bader Ginsburg, Anthony M. Kennedy, and Stephen G. Breyer met with their counterparts at the European Court of Justice and other officials of the European jurists as part of "an agreement that promotes the solidification of a shared sense of community and the need to work together to build peace, freedom, prosperity, and democracy."
    This was the first time that this number of Justices had traveled abroad together, indicated Dean Paul Verkuil, who was among the small group that accompanied the Justices. Michel Rosenfeld joined the group in France. Other members of the delegation included Chief Justice Tom Phillips of Texas; Chief Judge Richard Arnold of Eighth Circuit Court of Appeals; David R. Andrews, legal adviser to Secretary of State Madeline Albright; Thomas Susman of the ABA; and Prof. Paul Gewirtz, special representative for the Presidential Rule of Law Initiative, Department
of State.
    The group traveled to France, Luxembourg, Belgium, and Germany and met with Justices of the European Court, the Court of Human Rights, and the Constitutional Courts of Germany and France. Discussions and an exchange of views on topics like religious freedom, federalism, discrimination in the workplace, human rights, and the rule of law took place. According to Dean Verkuil, one European justice said his court was in its "John Marshall period." They admire our Supreme Court and look up to it and see the US as more experienced in constitutional matters.
It is fascinating to see the way they connect to our jurisprudence."
    In explaining the goals of the trip, Justice O'Connor said at a press conference, "We certainly are going . . . to look at decisions of that court on substantive issues where they have addressed things that we are addressing . . . We are going to want to draw upon our awareness of the jurisprudence from other jurisdictions in the next century."

Professional Honors
Lester Brickman was recognized for his work in advancing tort reform at a luncheon given in April by Ambassador Jacques Reverdin, Consul General of Switzerland.

Larry Cunningham, who continues to win accolades for his book on Warren Buffett's essays, published an article, "Corporate Governance and Warren Buffett" in The Corporate Board, a leading journal for corporate directors. He was a featured author during the celebration of "New York is Book Country" and a featured speaker at Practicing Law Institute's 30th Annual Institute on Securities Regulation. He was appointed to the Association of the Bar of the City of New York's committee on Securities Regulation.
Marci Hamilton Marci Hamilton, who was voted "Best Professor of the Year" by the Class of 1998, was made a member of the copyright committee for the New York State Bar Association and was named co-chair, Law and Religion Section of the AALS 1999 annual meeting.


William Patry At the invitation of the Court, William Patry submitted 1000 an amicus brief to the US Court of Appeals for the Second Circuit in a groundbreaking choice-of-law case in the area of international copyright, Itar-Tass Russian News Agency v. Russian Kurier Inc. The court's opinion relied heavily on and took the position advanced by Patry in his submission.


Barry Scheck was named one of the top 40 lawyers in America in Super Lawyers by Colin Evans, published by Visible Ink Press.

Speeches - Panels - Papers
Paris Baldacci Paris Baldacci trained 200 attorneys taking part in the Housing Court Volunteer Attorneys program on how to advise pro se litigants regarding the succession rights of tenant family members.


Ed de Grazia reviewed David Rabban's new book, Free Speech in its Forgotten Years in the September issue of The Nation.

Myriam Gilles argued for the petitioner in a case before the Court of Appeals for the Second Circuit, United States v. Felix. No decision has been handed down.

Michael Herz addressed Emory Law School faculty and students in October at Emory's Legal Methods Colloquium.
Lela Love In May, Lela Love visited Pepperdine University School of Law, where she taught an intensive course on mediation and led a "Master Class for Mediators" at the Association of the Bar of the City of New York. This summer she led an advanced training workshop for the New England chapter of the Society of Professionals in Dispute Resolution.
Malvina Halberstam spoke in Jerusalem this summer on international human rights and domestic law at the Jubilee Conference on the 50th Anniversary of the Israeli Supreme Court and the Universal Declaration of Human Rights.

Marci Hamilton had several articles published in the areas of intellectual property, constitutional law, and religious freedom in such prestigious journals as the University of Pennsylvania Journal of Constitutional Law and the William and Mary Law Review as well as more popularly known publications like the Wall Street Journal and the Philadelphia Inquirer. This fall, she spoke at Villanova University School of Law, Trinity College, and gave special addresses to the American Law Institute-American Bar Association Course on Historical Preservation Law in Savannah, Georgia; at the annual meeting of the Texas City Attorneys' Association in San Antonio; and at the Chautauqua Issues Forum.

Michel Rosenfeld spoke on the issue of human rights at a colloquium in Dissentis, Switzerland and at the sixth annual conference on the Individual vs. The State at Central European University in Budapest. He spoke also at the faculty of law, University of Fribourg, Switzerland; the Universidad Pompeu Fabra and Universidad Ramon Llull in Barcelona; and addressed the issue of Constitutional Law at symposia early last summer in Paris, Portugal, and Switzerland.
Scott Shapiro Scott Shapiro gave the plenary address, "Exclusive and Inclusive Positivism," at the World Philosophy Conference in Boston in August. Last spring, he delivered a paper, "Rules and Positivism," at the Third Annual Analytical Legal Philosophy conference in San Diego, and in October, he presented a paper at a legal theory workshop at Boalt Hall Law School.
Jonathan L. F. Silver presented "Hot First Amendment Controversy in the Classroom with Critical Students Participation" to the 719 New England Regional Conference of Social Studies Teachers.

This summer, Suzanne Stone presented a paper on comparative law and religion at the Comparative Constitutional Law Conference sponsored by the Constitutional Court of Portugal and one on Judaism and civil society at the Ethikon Institute Conference on Civil Society. She also participated in the philosophy conference of the David Hartman Institute, Jerusalem.

Michel Rosenfeld was named to The Justice Sydney L. Robins Canadian Chair of Human Rights, the first Cardozo professor to hold the Chair. The Chair was established in honor of Justice Sydney Robins, a leading Canadian jurist, by the Canadian Friends of Yeshiva University. In announcing the appointment, Dean Verkuil said, "I'm delighted that we can mark Michel's 10 outstanding years at Cardozo and his superb
scholarship in the area of individual rights with this appointment." Professor Rosenfeld is the author of six books and numerous articles, published here and abroad. He has taught and lectured at many European universities and is a frequent participant in symposia on questions of individual and human rights. He is vice president of the International Association of Constitutional Law and one of its founders, and is
currently the vice president and treasurer of the US Association of Constitutional Law.

Adjunct Faculty
Daniel Weitz '96 was named coordinator of Alternate Dispute Resolution Programs for New York State.

Leon Wildes was the recipient of the 1998 Elmer Fried Excellence in Teaching Award from the American Immigration Lawyers Association. He was presented the award at the organization's annual conference
in June. 0