672
Faculty Briefs
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FACULTYbriefs
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
Appointments
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.
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.
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
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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
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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
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, 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.
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At the invitation of the Court, William Patry submitted
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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.
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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
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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.
 |
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.
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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
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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.
Appointments
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.
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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-
