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Netanyahu Visits Cardozo
Innocence Project Named Program of the Year
Squadron Honored at Dinner
Fitzgerald Gives Tenzer Lecture
Negotiation Competition Team Wins Competition
Constitutionality of Copyright Legislation Debated
LL.M. Enrollment Doubles
Justice Englard of Israel Gives Bauer Lecture
Gaming is the Focus of Conference
Freeman '00 Spends Semester at University of Havana School of Law
New Dean Leads Center for Professional Development
Paulsen Moot Court Competition Competitors
Constitutional Scholar Visits Cardozo
Class of 2002 Begins Legal Studies
Heyman Lecture Series Features Milken, De Sole, Krueger, & Weiss

Netanyahu Visits Cardozo

Prime Minister Benjamin Netanyahu
Prime Minister Benjamin Netanyahu
    On October 7, former Prime Minister Benjamin Netanyahu visited Cardozo to meet with students, faculty, alumni, and Board members at several events.
Upon his arrival, Mr. Netanyahu was greeted by Cardozo Board of Directors Chairman Earle I. Mack and Dean Paul Verkuil, who escorted him and his wife, Sarah, to a meeting with about two dozen current students.
    At the meeting, Mr. Netanyahu fielded questions and made clear his interest in and excitement about the computer industry in Israel and the role he thinks it will play in the country's economic growth and stability. Currently writing a book and working for a computer company in Israel, he said that by becoming a software giant, Israel is emerging as a front-line economic powerhouse on its own and that "it is conceivable that we will soon not need any financial aid from the US - military aid, yes, but not financial."
    Mr. Netanyahu proceeded to the Jacob Burns Moot Court Room, where more students, faculty, and friends heard him speak on "The Past Century Into the New Millennium." His talk focused on his leadership as prime minister and the need to insure a secure future for Israel. He said a major component of his approach to guaranteeing Israel's future is his staunch belief that peace with the Palestinians cannot be maintained unless it is anchored in strength. He also cited his economic initiatives, including freeing the currency, deregulating the economy, and significantly decreasing the deficit and inflation.
The former prime minister ended by saying, "I'm proud of my three years as prime minister and proud of Israel's 50 years of nationhood. What we've achieved is nothing short of miraculous. We have brought the Jewish people back from the dead." He added, "The US steers by the stars of liberty and human dignity. Thank you for standing up and supporting my country."
    After the talk, board members and Mr. Netanyahu met at a reception and at the annual Board of Directors dinner. Famed concert pianist Byron Janis performed a brief recital, and Mr. Netanyahu reflected on his day at Cardozo.

Innocence Project Named Program of the Year
(From left) Prof. Peter Neufeld, Elizabeth Fritz, her father Dennis Fritz, and Prof. Barry Scheck.
(From left) Prof. Peter Neufeld, Elizabeth Fritz, her father Dennis Fritz, and Prof. Barry Scheck.
    Yeshiva University bestowed the honor of Academic Program of the Year on Cardozo's Innocence Project at the 75th Annual Hanukkah Dinner and Convocation on December 12. In conferring the award, YU President Norman Lamm said, "The Innocence Project was chosen for its pioneering work in setting legal standards for forensic applications of DNA technology and its pro bono representation of more than 300 prisoners each year who believe their innocence can be proved through post-conviction DNA testing." To date, 36 clients have been exonerated through the work of the Innocence Project. President Lamm added, "This public interest law clinic also is commendable for the real work opportunities it provides for law students and the collaboration with faculty it fosters."
    Innocence Project founders Professors Barry Scheck, director of clinical education, and Peter Neufeld were in attendance to receive the honor, which recognizes their outstanding work and dedication. Also present at the ceremony was Dennis Fritz, an Innocence Project client and a former junior high school science teacher who was wrongfully convicted of rape and murder and spent 12 years behind bars. The clinic helped overturn his conviction last April with DNA testing results.
    Each week, hundreds of prisoners and their family members contact the Innocence Project, which was founded in 1992, for help; at present, it is the only program of its kind in the United States, although, with the help of the National Association of Criminal Defense Lawyers (NACDL), the Innocence Project and Cardozo are leading the effort to establish similar programs at law schools across the country.
    In addition, the Innocence Project, in concert with NACDL, is currently working on legislation in states across the country to allow easier access to
post-conviction DNA testing of evidence when it is probative. To date, only New York and Illinois have such statutes. Legislation regarding compensation of wrongly incarcerated citizens is also being drafted and pursued.
    Dean Verkuil said, "I am pleased the University has chosen to recognize this exceptional clinic, imbued as it is with a powerful and important mission - to free innocent people."

Squadron Honored at Dinner
Squadron Dinner
    Howard M. Squadron (seated, second from left), senior partner of the law firm of Squadron, Ellenoff, Plesent & Sheinfeld, was honored at a dinner that benefited Cardozo's Program in Law, Media and Society, named for the renowned entertainment lawyer. Mr. Squadron is former president, American Jewish Congress; chairman emeritus, City Center; and founding president, International Center of Photography. Nearly 300 guests from the arts, entertainment, media, and legal worlds - all friends, family, and former clients of Mr. Squadron - attended the dinner at the Plaza Hotel. Rupert Murdoch, CEO News America (seated at left); Stanley Pleasent, Squadron's law partner (standing second from left); and New York Mets president and CEO Fred Wilpon were dinner chairmen. Broadcast journalist Barbara Walters (standing) was the dinner moderator. Prof. Monroe Price (standing at left), who was dean of Cardozo when the Squadron Program was established, is director of the program. Also shown are Earle I. Mack, chairman, Cardozo Board of Directors (standing at right); Dr. Norman Lamm, president, Yeshiva University (seated next to Mr. Squadron), and Dean Paul R. Verkuil (seated at right).

< 1000 b>Fitzgerald Gives Tenzer Lecture
Dean Brian Fitzgerald
Dean Brian Fitzgerald

    Like a new language, computer software increasingly is shaping the way we view ourselves and the world, declared Australian law school dean Brian Fitzgerald, adding that the ability of software to construct meaning and identity - its status as "discourse" - poses challenging questions for lawyers and other policymakers in the field of intellectual property. "As we speed toward the digital millennium, it is ever more pressing for us (especially as lawyers) to fathom the genetic structure/code (natural and manufactured) of life," Fitzgerald said.
    Fitzgerald, professor and dean of the School of Law and Justice at Southern Cross University in New South Wales, delivered the annual Tenzer Distinguished Lecture in Intellectual Property on "Software as Discourse: The Power of Intellectual Property in Digital Architecture." David G. Post, an associate professor of law at the Temple University School of Law and self-described "cyberanarchist," made a brief comment.
    Fitzgerald said he did not oppose giving software developers property rights to their inventions, conceding that it was necessary to encourage their work. However, he approvingly cited Bernstein v. USDOJ, 176 F. 3d 1132 (9th Cir. 1999), holding that source code of an encryption software was "expressive" in nature and that the First Amendment prohibited the government from barring its export. Recognition of software as a medium of communication "gives us a value to hold in the balance," he observed.
    Post indicated that software is a language and that language has evolved "undirected and uncontrolled" and has the power to construct social reality. Therefore, he cautioned against government attempts to control the development of the new software discourse.

Negotiation Competition Team Wins Competition Cardozo Negotiation Team
    The team of Margaret Sweeney and Roger Leviton (at left) won the 12th annual Cardozo/ABA IntraSchool Negotiation Competition, held at Cardozo this October. The Kukin Program for Conflict Resolution sponsors the event, in which 48 students competed. Ms. Sweeny and Mr. Leviton went on to represent Cardozo at the ABA Regional Negotiation Competition in Boston, where they advanced to the final round. They were the top-scoring team from the New York/New Jersey region. Lois Martello Penn '92 (at the head of the table), an alumna of the Mediation Clinic, was a judge.

LL.M. Enrollment Doubles
    Students from Asia, eastern and western Europe, South and North America, and the Middle East - a total of 35 - enrolled in Cardozo's year-old LL.M. program. The number, divided equally between those in the General and IP programs, is double the number of students who participated in the inaugural year. Dean Verkuil noted, "I would like to see the number of students in these programs double again. They bring cultural and intellectual diversity to the Cardozo community that both LL.M. and J.D. students benefit from." Students study full and part-time for the LL.M. degree, with several joining the program in January.

Constitutionality of Copyright Legislation Debated Copyright Debate
    The Sonny Bono Copyright Term Extension Act of 1998, which added 20 years to the terms of copyrights, was debated by four legal scholars at "The Constitutionality of Copyright Term Extension: How Long is Too Long?" They covered topics ra 1000 nging from Lockean principles of property rights and the history of US copyright law to what lies behind the creative process. Organized and moderated by Prof. William Patry (at right), the panel featured Professors Lawrence Lessig, Harvard Law School, who is one of the lawyers involved in a constitutional challenge to the act; Arthur Miller (far left), also of Harvard, who filed an amicus brief supporting the legislation; Jane Ginsburg (at center), Columbia Law School; and Wendy Gordon, Boston University School of Law.

Justice Englard of Israel Gives Bauer Lecture

Justice Englard (at center) with members of Cardozo Law Review and Dean Verkuil
Justice Englard (at center) with members of Cardozo Law Review and Dean Verkuil
    Justice Izhak Englard of the Supreme Court of Israel gave a searching examination of Israel's ongoing constitutional revolution when he delivered the Uri and Caroline Bauer Lecture on "Human Dignity - From Antiquity to Modern Israel's Constitution."
    Justice Englard, who is also the Bora Laskin Professor of Law emeritus at the Hebrew University, Jerusalem and a visiting scholar at Cardozo, discussed the "delicate" task facing the Court as it reviews Knesset legislation in the wake of the passage of the 1992 Basic Law guaranteeing the human dignity and liberty of all Israelis.  This controversial judicial review is informed by the conception of Israel as both a "Jewish and a democratic state," concepts that can seem contradictory.
    He pointed out that the scope of the Supreme Court's review of legislation depends on how "human dignity" is defined and gave a wide-ranging historical survey of how the concept has changed over the centuries, from traditional Hebrew sages to whom the most important element of dignity was honor (kavod) to Medieval philosophers who emphasized the misery of the human condition.
    From the Renaissance on, more and more thinkers preached the individual's inherent value, or dignity. Man was the great miracle, a creature with beastly qualities who, nevertheless, could fashion himself into a celestial being. The emphasis in the Enlightenment shifted to "man as a person" who demanded respect from the state.
    In the 19th century, Immanuel Kant posited a "categorical imperative": man could never be treated as a means, only as an end. Political thinkers turned to the idea of human dignity for support of measures that enhanced equality. After World War II, it became fashionable to relate all rights to an expansive view of human dignity.  In Germany, for example, "dignity" is a superconstitutional right; it cannot be removed through an amendment to the country's Basic Law.
Israel's 1992 charter and its 1994 amendments declare that "basic human rights in Israel are based on the recognition of the value of the human being, and the sanctity of his life and freedom, and these will be respected in the spirit of the principles of the Declaration of Independence of the State of Israel."  Moreover, "there shall be no violation of rights under this Basic Law except by a Law fitting the values of the State of Israel, designed for a proper purpose, and to an extent no greater than required or by such a law enacted by explicit authorization therein."
    Yet, said Englard, the drafters of the Basic Law probably had a narrow view of "human dignity," one more akin to kavod than to an expansive conception of dignity as the fountainhead of all rights, including equality. Why else would they have mentioned "human dignity" separately in the Basic Law from "liberty" and the preservation of "life" and "property"? Still, although the Basic Law was the product of compromises among different political factions, Englard pointed o 1000 ut that the law's "independent objective purpose may overcome the original intent of the legislators."
    Englard said that the unqualified recognition of fundamental rights is controversial in Israel among those who fear that it will undermine the Jewish character of the state. In construing human dignity, the judiciary faces a political spectrum that runs the gamut from adherents of "statehood without Jewishness" to "Jewishness without statehood." The justice concluded that the view he and his colleagues give to the "elusive and capacious" concept of human dignity could well play a decisive role in "forging the essence of the state."

Gaming is the Focus of Conference
(From left) James Hurley, Cardozo Board Director Arthur Goldberg, and Cardozo Adjunct Professor David Boies.
(From left) James Hurley, Cardozo Board Director Arthur Goldberg, and Cardozo Adjunct Professor David Boies.
    Leading academics and national leaders in the areas of American Indian reservation gaming, casino resort gaming, state-sponsored lotteries, Internet gaming, and sports betting discussed and provided analyses of new and pending federal and state gaming laws at a two-day conference, "Betting on the Future: Taking Gaming and the Law Into the 21st Century." Panels and conversations also took place around the issues of international gaming laws and the Gambling Impact Study Commission Report.
    According to Cardozo Dean Paul R. Verkuil, "The law of gaming is emerging as a unique legal subject that cuts across many disciplines and many areas of the law. Problems of federalism, state and tribal authority, the morality of governmental participation in games of chance, structuring financial arrangements, tax liability, regulation of the Internet, and a host of others come together in a fascinating combination."
    Speakers included David Boies, Boies & Schiller; G. Michael Brown, Brown, Michael & Carroll, P.C.; Frank J. Fahrenkopf, Jr., president and CEO, American Gaming Association; Arthur M. Goldberg, president and CEO, Park Place Entertainment; Ray Halbritter, CEO, Turning Stone Casino Resort; Hubert H. Humphrey III, former attorney general of Minnesota and James R. Hurley, chairman, NJ Casino Control Commission.

New Dean Leads Center for Professional Development

Dean Jacquelyn Burt
Dean Jacquelyn Burt
    In a tenure that began only last June, Jacquelyn Burt, assistant dean for placement, has already made her mark at Cardozo. The fall semester has been highlighted by two major activities with significant impact on hiring prospects for students. First, Burt and her staff succeeded in increasing to 125 the number of firms and agencies participating in Cardozo's on-campus interview process. Hiring partners and human resource directors met with second- and third-year students for summer associate and postgraduate, full-time positions. Virtually every student who signed up to participate in OCI had at least one interview. This is the single highest number of employers on campus in the history of the Law School.
    Second, orientation for first-year students to the Center for Professional Development, its services, and resources, which takes place every fall as mandated by the National Association for Law Placement (NALP), was marked at Cardozo by what Burt is calling the First-Year Professional Initiative Program.
"Prior to students coming to us for help with their resumes and job prospects, we want to stress the importance of professionalism and acquain 1000 t them with the responsibilities of being an ethical lawyer who participates in bar and pro bono activities. There is no better place to begin than with conversations about legal ethics," said Dean Burt. Kimm Walton, author of Guerrilla Tactics for Getting the Legal Job of Your Dreams, and Michael Cooper, partner at Sullivan and Cromwell and president of the Association of the Bar of the City of New York, led sessions. Every first-year student attended one or both of these discussions.
Dean Burt is no stranger to the field of law school career services. She comes to Cardozo from Seton Hall School of Law, where she was director of the career services office and an adjunct professor. She is active in the National Association for Law Placement and currently serves as regional vice chair of the publications committee. She was recently appointed to the ABA-NALP judicial task force on diversity within the judicial clerkship process and is one of the authors of Beyond L.A. Law - Breaking the Traditional Lawyer Mode, published by Harcourt Brace. Dean Burt received an A.B. from Harvard, and after graduating with leadership and service honors from Loyola Law School in Chicago, she spent several years as a commercial litigation associate at Sills, Cummis, Zuckerman, Radin, Tishman and Gross in New Jersey.

Paulsen Moot Court Competition Competitors
(From left) Prof. Michael Ross; Honorable Samuel A. Akito, Jr., United States Court
of Appeals, Third Circuit, and Dean Paul Verkuil
    Students participating in the intramural Monrad G. Paulsen Moot Court Competition this year argued the timely issue of the use of excessive force by law enforcement officials and the issue of qualified immunity. Presiding judges for the final round were Prof. Michael Ross; (from left) Honorable Samuel A. Akito, Jr., United States Court of Appeals, Third Circuit, and Dean Paul Verkuil. Aglaia Davis '01 won Best Oralist and Rob James '01 won Best Brief. The runner-up in both categories was Gordon Novod '01.
 

Freeman '00 Spends Semester at University of Havana School of Law
    James Freeman, class of '00, spent the fall semester at the University of Havana School of Law, making him the first American law student to study in Cuba since Fidel Castro took power in 1959. US citizens have previously been admitted to study at the University of Havana in the areas of mathematics and philosophy but not at the law school, which is considered the most political area of study offered at the University.
    To gain admittance to the University, obtain the travel license, and guarantee that the formal course of study in Cuba would be accepted for credit, Mr. Freeman sought and received approvals from the US Department of Treasury, the American Bar Association, the New York State Board of Law Examiners, the Appellate Division's Committee on Character and Fitness, and Cardozo's administration, among others. According to Dean Paul R. Verkuil, "With increased globalization of the legal field, we felt that it was important to make every effort to insure that Mr. Freeman would be able to pursue this unique and exciting opportunity."
    Mr. Freeman began his studies in early September and enrolled in the courses of his choice, selecting intellectual property, private international law, property, and jurisprudence/theory of Cuban Law. At Cardozo, Mr. Freeman has focused on the area of intellectual property law.
    According to Mr. Freeman, "While the administration at the University of Havana has expressed concerns about any political discourse that I might engage in during classroom hours, overall, the dean and the faculty appear to be enthusiastic about my matriculation. The dean has also indicated that he wishes to make my experience here positive and rewarding, in the hope that othe 1000 r American students will gain interest in studying at the law school."
    This past summer, Mr. Freeman was an associate at the New York law firm of Proskauer Rose LLP, and has accepted an offer to return upon his graduation from Cardozo in June 2000. While there, he worked with litigator Charles S. Sims, who represents the Cuban government and its French partner, Pernod Ricard, in a long-standing dispute with Bacardi Rum Company over the trade name or trademark "Havana Club" rum.

Constitutional Scholar Visits Cardozo

(From left) Prof. Frank Michelman and Jčrgen Habermas
(From left) Prof. Frank Michelman and Jčrgen Habermas
    One of the leading figures in American constitutional law, Frank Michelman, spent the fall semester at Cardozo as visiting professor. He is the Robert Walmsley University Professor at Harvard University Law School, where he has taught since 1963. At Cardozo he taught "Theories of Democratic Constitutionalism," a seminar examining ideas and conflicts that arise in discussions about democracy, making and applying law, and individual freedom.
Each week, a colloquium conducted in conjunction with the seminar and directed by Professor Michelman and Prof. Andrew Arato of the New School University brought scholars from the fields of sociology, political science, philosophy, and law to present papers. Among the guest speakers were German philosopher Jürgen Habermas, Princeton political science professor Amy Gutmann, and Israeli Supreme Court Justice Izhak Englard.
    Professor Michelman notes that it is the first time he has structured such a comprehensive colloquium series in tandem with a class, but said, "I hope to do it again. I'm really enjoying the series and we've had very positive feedback. For students to be exposed to scholars from different disciplines who share their expertise and address the big questions of the course is a special opportunity for them to deepen their knowledge. They are doing fine work."
Professor Michelman is a graduate of Yale College and Harvard Law School. After a brief stint in private practice, he clerked for US Supreme Court Justice William Brennan, Jr. He also served as a consultant and advisor for several organizations including US Department of HUD, Boston Model City Program, and the Governor's Task Force on Metropolitan Development. He has published extensively on takings, constitutionalism, legal philosophy, and democratic theory.

Class of 2002 Begins Legal Studies
Dean Verkuil with members of Class of 2002
Dean Verkuil with members of Class of 2002
    As in years past, the Student Bar Association hosted a boat trip around Manhattan for the entering class. With an almost equal number of men and women, the Class of 2002 has 267 students, which despite national trends is up from last year. Other indicators are up as well; the median LSAT of the fall entrants improved one point to 158, and the median GPA is the highest in the Law School's history, at 3.36. Minority enrollment is up, with 22 percent of the class identifying as students of color. Another 26 students enrolled in the LL.M. Program. Students come from 24 states; 120 are living in the Cardozo Residence Hall.

Heyman Lecture Series Features Milken, De Sole, Krueger, & Weiss
Israel's development as an "independent economic entity.
A brutal American-style takeover battle for a legendary European purveyor of luxury goods.
The promise of new technology and the threat of revolution when most people "do not share the American dream.
The role of private litigation in keeping business honest.

    Those were a few of the issues covered in The Samuel and Ronnie Heyman Center on Corporate Governance fall lecture series, which featured Harvey M. Krueger, vice chairman of Lehman Brothers, "40 Years of Investment Banking: A Lawyer's Perspective"; Domenico De Sole, chairman and chief executive of Gucci, "Gucci's Strategy in Resisting Louis Vuitton's Hostile Takeover Bid"; philanthropist and entrepreneur Michael Milken, "The Promise of the 21st Century"; and Melvyn L. Weiss, senior partner, Milberg Weiss Bershad Hynes & Lerach LLP, "Should the Courts Play a Major Role in Fighting Fraud?"
Prof. Lawrence A. Cunningham, director of The Heyman Center, says that one theme that has emerged from this year's and last year's lectures "is the globalization of the marketplace, both corporate and intellectual, and a resulting explosion of new opportunities for lawyers and business leaders to help pioneer new markets, new products, and new ways of thinking."
Harvey M. Krueger, vice chairman of Lehman Brothers Harvey M. Krueger, vice chairman of Lehman Brothers
    "There is no longer any geography to ownership," said Krueger, who discussed his own experience in attracting foreign investment to Israel. Krueger, who first came to Israel in 1961, nurtured his company's relationship with the Jewish state into what he called "an unparalleled franchise for Lehman Brothers," which has managed almost $3 billion of Israeli equity offerings. For years, no banker "could make a living in Israel," Krueger said. However, as the result of reforms begun in the mid-1980s, Israel has become a "modern state É its equity offerings are received on the market like those of any other country."
If American bankers played a large role in the economic growth of Israel, American lawyers and American tactics helped Gucci, a Dutch company with most of its operations in Italy, fend off a hostile takeover by LVMH, a larger rival.

Domenico De Sole, chairman and chief executive of Gucci
Domenico De Sole, chairman
and chief executive of Gucci
    De Sole said the American lawyers Gucci recruited did a "superb" job helping the company to craft imaginative defensive strategies. The takeover contest  was "really brutal," De Sole said. "We lived like we were in an Army barracks. It was the first time such a nasty battle had occurred in Europe." But Europe is becoming more like America, and more such battles can be expected.  "In every situation, American lawyers are very prominent," De Sole said.
Milken met with Heyman Scholars prior to his speech. Prof. Larry Cunningham, director of The Heyman Center, is at center of photograph. Milken met with Heyman Scholars prior to his speech. Prof. Larry Cunningham, director of The Heyman Center, is at center of photograph.
Milken offered a survey of the world economy that touched on topics ranging from capital access to the promise of technology and medical research. He noted that the American economy has produced 53 million new jobs since 1970, when the population was 200 million; Europe, by contrast, has produced only 12 million new jobs starting from a year in which its population was 400 million. What makes America different, Milken said, was that entrepreneurs have "the chance to fail."
    The development of new forms of capital in the 1970s and 1980s gave the entrepreneurs that chance, Milken argued. "You no longer were dependent on banks for financing," said Milken, who became a celebrity at Drexel, Burnham, Lambert during the 1980s by promoting what some market observers derided as "junk bonds." He served two years of a 10-year prison sentence for securities law violations. Today, he runs an economic think tank called the Milken Institute and a nonprofit association that fights cancer of the prostate, with which he was diagnosed after leaving prison. Milken has been banned from securities trading, but his Knowledge Universe has been busy acquiring education-related companies.
    Milken told his Cardozo audience that "we live in a world that's a human and social resource world." Brains are more important than steel. He is optimistic about the potential of technology and medical research but worried because he says that 70 percent of the population is making less money than 25 years ago. "We don't know what's going to happen in the next 20 years when the majority doesn't share in the American dream," he said.
Melvyn L. Weiss, senio 57f r partner, Milberg Weiss Bershad Hynes & Lerach LLP
Melvyn L. Weiss, senior partner, Milberg Weiss Bershad Hynes & Lerach LLP
    Weiss participated in some of the litigation spawned by Milken's activities. He said that fraud - a global "growth industry" - is the greatest threat to the American economy. Pointing to the current experience in Russia, he reminded his audience that fraud "can threaten the very idea of the nation." He scoffed
at the notion - "PR from corporate America" - that there has been a "litigation explosion."
    "Fraud is proliferating because we don't have enough litigation," Weiss said. Class action suits filed in federal courts helped reform the insurance and accounting industries, Weiss said. "Only the persistence of private litigators forced out the information" that discredited the tobacco industry. In fact, "class actions provide a private means to pursue private goods." Public regulators don't have the resources to do the job. Class action lawsuits drive away "bad apples" and deter future wrongdoing. They help provide the confidence in the marketplace necessary for investment.
    Litigation actually is "good for business," Weiss insisted.
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