Floersheimer Center Conference Examines Challenges to Tolerance

Dealing with three interrelated themes, panelists explored "the tolerance of the Constitution itself for 'emergency measures' such as those recently promulgated in the fight against terrorism; the struggle to pin down and define terms such as emergency, terrorism, tolerance, and fundamentalism; and the potential for tolerance by those who think of themselves as 'fundamentalists' in various religious traditions and, conversely, the potential for understanding such fundamental beliefs among people who otherwise style themselves as 'tolerant,'" according to Prof. Richard Weisberg, codirector of the Floersheimer Center with Prof. Michel Rosenfeld.

Dean David Rudenstine opened the conference - attended by more than 100 participants, including the Center's founding donor, Dr. Steven Floersheimer - saying, "Since 9/11 we must consider with new urgency issues of security - no longer in general, but for ourselves. We must look at the value we place on liberty as we face potential harm."

The keynote speaker, former Navy Secretary Richard J. Danzig, now executive director of the Center for Strategic Budgetary Assessments, analyzed the challenges to law posed by the threat of bio-terrorism. He urged the legal community to adopt a pro-active approach regarding future attacks and responses.

Danzig said that the extraordinary attention given to 9/l1 overshadowed what he considers far greater security risks from biological terrorism - what he terms "5/11," the five deaths and eleven hospitalizations caused by the anthrax attacks of last fall. He outlined a chilling scenario of deadly ef fects of a smallpox or anthrax attack.

"Is it possible to evolve some international understanding that says we regard bio-terror as an un godly act that we will universally condemn, much in the same way that genocide has been condemned as a crime against humanity?" he asked, challenging participants to consider the con sequences of a smallpox epidemic on civil liberties.

Panelists examined the "paradox of tolerance" offered by Professor Rosenfeld: "If you tolerate the intolerant, won't you ultimately be destroyed?" In this environment, said Prof essor Rosenfeld, Ameri can law yers are increasingly being asked to work with domestic and foreign policy makers to re-think constitutional law regarding investigation, detention, arrest, and trial.

Prof. Alan Dershowitz
 

In "Special Jurisdictions, Emergency Acts," Prof. Alan Dershowitz of Harvard Law School said the whole post-9/11 climate forces us "to think the unthinkable" about such tactics as government-sanctioned torture.

Prof. J. David Bleich of Cardozo, Father Robert Drinan of Georgetown Law, and Dr. Khaled Abou El Fadl of UCLA School of Law  

"Tolerance from the Religious Perspective" brought together Milner Ball, University of Georgia; Rabbi David Bleich, Car dozo; Father Robert Drinan, Georgetown; Suzanne Stone, Cardozo; Leslie Griffin, Santa Clara; Adam Selig man, Boston University; and Dr. Khaled Abou El Fadl, UCLA School of Law.

Dr. El Fadl, a noted Islamic jurist and legal scholar, argued that the historic record of Islam is a good one. He urged participants to focus on the true universalism and humanistic spirit Islam exemplifies. "Islam is at a transformative juncture; movements are relying on divergence of grievances to lock themselves into a supremacist paradigm, rather than to construct a moral vision."

Noting that the proceedings will be published in Cardozo Law Review, Professor Weisberg said, "There were debates between lawyers who see the need for flexibility in criminal procedure during times of necessity and those less willing to bend the traditional constitutional norms to a perceived emergency, and fascinating discussion among religious thinkers and analysts."

Sen. George Mitchell and Seeds of Peace Receive Awards for International Peace Efforts

(From left) Bushra Jawabi; Cynthia Devasia '02, editor, COJCR; George Mitchell; John Wallach; Melissa Stewart '02, president of International Law Students Association, and Eli Shteinberg. (Mr. Wallach died in July, about three months after receiving the award.

Senator Mitchell, who represented Maine from 1980 to 1995, authored "The Mitchell Report," released in May 2001 by the Sharm el-Sheikh International Fact-Finding Committee, which he chaired at the re quest of President Clinton, Prime Minister Ehud Barak, and Yasir Arafat. The report focused on the need to end violence and build confidence within the region. While a special advisor to President Clinton and secretary of state for economic initiatives in Ireland, Mitchell orchestrated the signing in 1998 of a three-strand multilateral peace agreement in the Northern Ireland conflict, for which he received the Presidential Medal of Freedom, among other honors. His book Making Peacechronicles his experience in Ireland.

In his remarks, Senator Mitchell urged Cardozo students to find something in their lives beyond their careers where they can do good deeds and make a difference in the world. He said, "No matter how much money you make, no matter how many possessions you acquire, you will find something missing in your life if you do not devote some part of it to something larger than your self-interest. Real fulfillment will come from committing yourself fully, with all of your physical and spiritual might, to a worthwhile cause."

He pointed to John Wallach as a good example. Wallach left his career as a journalist in 1993 to begin Seeds of Peace. Mr. Wallach brought with him two past participants in the program - one an 18-year-old Israeli, Eli Shteinberg; the other, 20-year-old Bushra Jawabri, a Palestinian from Jordan - who related how their experiences in Maine fostered important friendships, made human those who had been identified as "enemies," and created ways to build lines of communication.

"When I reached Maine, I had never met an Israeli before in my life," said Jawabri. "I was so nervous. But now my enemy is my best friend. We learned to understand each other."

Shteinberg added that during the present crisis in the Middle East, he cannot visit Palestinian, Jordanian, and Egyptian friends he made through Seeds of Peace because it is too dangerous. "Every time something happens, I get a phone call or an email asking how I am. This contact gives me hope for the future."

In 1997-98, Wallach was a senior fellow at the United States Institute of Peace, which recently published his book The Enemy Has a Face: The Seeds of Peace Experience. He was awarded the Legion of Honor by the late King Hussein of Jordan and held honorary doctorates from Middlebury College and the University of Southern Maine.

The International Advocate for Peace Award was created in 1999 by the two student organizations. Previous award winners are President Clinton and Ambassador Richard C. Holbrooke.

Seven justices of the New York State Supreme Court Commercial Division spoke on basic litigation practice at a CLE panel that was open to students, alumni, and others. They included (from left) Justices Ira Gammerman and Richard Lowe, and (not pictured) Justices Herman Cahn, Helen Freedman, Karla Moskowitz, Charles Ramos, and Walter Schackman. James d'Auguste '96, Akin, Gump, Strauss, Hauer & Feld, helped organize the event.

The Enron scandal and the Arthur Andersen document destruction was discussed at The Law of Document Retention/Destruction: Lessons from Enron and Beyond. The panel was organized by Prof. Charles Yablon and presented by The Samuel and Ronnie Heyman Center on Corporate Governance. On the very day of the program, the Justice Department announced its indictment of Arthur Andersen for obstruction of justice relating to destruction of Enron documents. Accordingly, the program generated a great deal of interest, both among Cardozo students and members of the public.  Panelists were (from left) Prof. Richard Marcus, University of California, Hastings College of Law; David Buchanan '93, Seeger & Weiss; Thomas Y. Allman, BASF Corporation; and Professor Yablon, director of The Heyman Center. A second panel was held later in the spring focusing on Enron accounting and corporate legal issues.

Students Shape Campus Life

The Student Bar Association produces the annual Goods & Services Auction. The auction is fun and raises money for the Cardozo Public Interest Summer Stipend Program, which allows students to take summer positions in the public sector. Bidding was especially lively for dinners with favorite faculty members.

An annual spring highlight is the Law Revue, a fun-filled parody of law school life with music, dancing, and playful performances by faculty members and students. (From left) Kim Mandel '03 and Stacey Middleton '03.

Former United States Attorney Mary Jo White won the first annual Most Influential Woman in the Law Award, established and given by theCardozo Women's Law Journal. Ms. White oversaw an office that was responsible for successfully investigating and prosecuting the 1993 World Trade Center bombing and for securing the conviction of Mafia boss John Gotti, among many other cases of significance.

Beth Nolan, former Clinton administration White House Counsel and the first woman to hold the job, was a guest of the student organization American Constitution Society. She addressed the students, encouraging them to become involved in public service.

Students rang in the Lunar New Year at the Asian Pacific American Law Student Association's (APALSA) event celebrating the Year of Awakening. Chinese Lion Dancers, performances by the Korean Drum Troupe, calligraphy, and a buffet enlivened the campus with Asian culture.

Judge Sonia Sotomayor of the United States Court of Appeals for the 2nd Circuit, was the key note speaker and recipient of the Latin American Law Student Association's (LALSA) "Most Influential Latin American in the Law" award. She is shown here with Jill Cadre, LALSA president. After the presentation, students enjoyed Latin food and danced until late into the night.

Alan Hevesi, candidate for New York State Comptroller, was invited by students of the Lehman Society to speak about state budgets and the New York City education system.

The Cardozo Arts & Entertainment Law Journal worked with the New York Chapter of the Recording Academy Entertainment Law Initiative and the ABA Forum on Entertainment and Sports Industries to bring to Cardozo veteran entertainment lawyers (from left) Jay Cooper, Fred Davis, LaVerne Evans, and Michael Reinert '82. Griff Morris, Midwest regional director of the Recording Academy, was the panel moderator. They discussed recording contracts and recent proposed legislation to amend the California Seven-Year Statute. The statute, which sanctions free agency for California service workers, was amended in 1987, when music labels were granted a special exemption allowing them the right to sue artists for damages resulting from undelivered albums. Mr. Reinert, senior vice president of business and legal affairs for Universal Motown Records, and Ms. Evans, senior vice president and general counsel of BMG, represented the major labels' position that it is essential for artists to remain under contract for a defined period so the label can develop the artists' careers. Mr. Cooper of Greenberg Traurig and Mr. Davis of Davis, Shapiro & Lewit sided with the artists advocating shorter-term arrangements.

Every year, the Moot Court Honor Society hosts students from more than 20 law schools who participate in the prestigious Cardozo/BMI Moot Court Competition. Moot Court editors and guest judges were (from left) Nicholas Lagemann '02; John Delaney, partner, Morrison & Foerster; Aiden Synnott, partner, Paul, Weiss, Rifkind, Wharton & Garrison; Hon. Richard Posner, chief judge of the US Court of Appeals for the Seventh Circuit; and Todd Rosenberg '02.

An intramural event, the Langfan Family Constitutional Oratorical Prize Contest, is open to all Cardozo students to compete for the title of Best Orator. The competition was formed in 1999 by the Langfan family, which includes two Cardozo graduates. First-prize winner was Erica Schlessinger '02 (shown here) who also won last year's competition. Second and third prize went to Joshua Sussberg '03 and Guy Padula '03, respectively.

Scholars Explore Lacan and Crime

Clinic Hosts Interdisciplinary Conference on Compulsive Hoarding

Professor Frost presented several clinical examples from his research to help explain the phenomenon. "Compulsive hoarding manifests itself in three primary ways: compulsive acquisition, saving, and disorganization. It doesn't matter how much stuff any of us have but it is how we keep the stuff."

Conference workshops covered animal hoarding, mental health dimensions, legalsocial work partnerships, and victims of hoarders. "Lawyers are seldom aware of the expertise and resources that social workers offer, especially when representing difficult clients," says Prof. Leslie Salzman, a supervising attorney at Bet Tzedek. Professor Salzman was a cofacilitator of the legalsocial work partnerships workshop with Karen Bassuk, a social worker and program analyst at the Aging in Place Initiative of the United Hospital Fund. Ms. Bassuk challenged participants to reach out to each other, saying, "Often lawyers and social workers assume they can perform both roles [and] may not realize how much more effective a collaboration can be."

Conference panelists also included Housing Court Judge Ava Alterman '81; Henry Dubro, Jewish Association of Services for the Elderly-HUD 202 managing agent; Masha Friedman, ACSW, social work manager, Selfhelp Community Services, Inc.; Andrea Richardson, executive assistant to the assistant deputy director of operations, New York City Housing Authority; Andrea Risoli, staff attorney, Mental Hygiene Legal Services; and Darryl M. Vernon, Esq., Vernon & Ginsburg.

Through its representation of clients in landlord/tenant cases, Bet Tzedek has become aware of the legal and social problems of hoarders, who are at high risk for eviction, particularly during real estate boom times. Their socially and psychologically complex cases present formidable challenges and provide some of the most convincing arguments for the recent interdisciplinary approach used by Bet Tzedek to provide more effective and comprehensive services to its clients. Since 1999, social work students from Yeshiva University's Wurzweiler School of Social Work have worked collaboratively with law students on a range of issues with a variety of clients, helping them to secure appropriate services and benefits and assisting them during often difficult litigation.

Torture? Maybe.

As outlined by the dean and Mr. Koch, the ticking-bomb hypothetical was presented recently by Prof. Alan Dershowitz, who stated, "If American law-enforcement officers were ever to confront theƒcase of the captured terrorist who knew about an imminent attack but refused to provide the information necessary to prevent it, I have absolutely no doubt that they would try to torture the terrorist into providing the information. Moreover, the vast majority of Americans would expect the officers to engage in that time-tested technique for loosening tongues, notwithstanding our un equivocal treaty obligation never to employ torture, no matter how exigent the circumstances."

Mr. Koch clearly made his feelings known: the only time he would find torture to be appropriate - and it should be applied without direct statutory authority or procedures by the police - would be when there is a weapon of mass destruction threatening the population. "Torture is moral under these circumstances," said the former mayor. "But only weapons of mass destruction would qualify."

Opining that some specificity in the law was advisable, Prof. Malvina Halber stam said, "I don't think the onus should be on the cop." Prof. Peter Lushing was concerned about false confessions and the desirability of having the police make decisions and mete out the punishment. In discussing the ticking-bomb scenario, there was some time spent on who should make the decision to use torture. Mr. Koch felt that the police commissioner or police captain could be given the responsibility for determining when torture should be employed, claiming that "the mayor doesn't really have the expertise" but could make the decision on the word of the commissioner. Mr. Koch is loath, however, to institutionalize the use of torture. "I don't want to expand it, and I think setting up procedures expands it."

In a vote taken by the mayor of the people in the room, all but one, who abstained, agreed that torture should be used in the hypothetical. In a follow-up vote, 10 voted for the use of torture without a law, 9 voted for torture with a statute. All seemed wary.

Addressing Mr. Koch at the end, Professor Lushing said, "Only you could make torture a pleasant subject."

Dean's Lunch Features Davidoff

At the inaugural event of the Cardozo/University of Toronto joint lecture series, Jonathan Putnam, chair in the Law and Economics of Intellectual Property from the University of Toronto Faculty of Law, spoke on "Waging Peace: The Settle ment of Pharmaceutical Patent Litigation."

Now in its second year, the Intellectual Property Speaker Series invites scholars to present luncheon talks. Graeme B. Dinwoodie, professor of law and Freehling Scholar, Chicago-Kent College of Law, and R. Anthony Reese, assistant professor of law, University of Texas School of Law, spoke to Cardozo faculty and students.

A CLE Intellectual Property Workshop featured Cardozo alumni and adjunct professors, including Peter Skolnik '87, David S. Korzenik '79, Barbara Kolsun '82, Morris E. Cohen '94, Prof. Eric Rayman, and Prof. Justin Hughes.

Cardozo Programs Ranked Again in Top Ten

Events Focus on Current Intellectual Property Issues

Hon. Weerawit Weeraworawit, Thailand's Minister of Commerce, was among the panelists at the two-day conference Traditional Knowledge, Intellectual Property and Indigenous Culture. Nearly 50 academics, lawyers, government officials, and representatives of intergovernmental and nongovernmental organizations discussed the misappropriation of traditional knowledge, folklore, and genetic resources and its impact on many policy areas, scientific research, and trade and economic development.

Paul Salmon, senior counselor, World Intellectual Property Organ i zation, delivered a lecture on the Second WIPO Internet Domain Name Process.

Burns Ethics Center Brings Insiders to Discuss Controversial Cases

Ms. Stewart represented Sheik Abdel-Rahman, who was convicted in 1995 of conspiracy to commit acts of terror. She was charged this spring with providing material support for terrorism, two counts of conspiracy, and making false statements. The Attorney-Client Privilege at the Crossroads: The Indictment of Lynne Stewart analyzed her recent indictment and its effects upon attorney-client privilege, right to counsel, freedom of speech, and other fundamental civil liberties.

Panelists were (above) Michael Tigar, attorney for Lynne Stewart and professor of law, American University, Washington College of Law; Gerald Lefcourt, criminal defense attorney; Prof. Ellen Yaroshefsky; and (not pictured) Robert Anello, principal, Morvillo, Abramo witz, Grand, Iason & Silberberg, and chair, committee on professional responsibility, Association of the Bar of the City of New York. Ms. Stewart also spoke.

 The discussion on the Abner Louima case, co sponsored by PILSA, focused on conflicts of interest. Attorney Steven Worth represents police officer Charles Schwarz, who was standing trial for his role in aiding officer Justin Volpe in the torture of Abner Louima. Worth has a $10 million contract with the PBA to represent the interests of police officers. The panelists discussed whether this created a conflict and might have affected his performance in defending Officer Schwarz. Panelists included Steven Broun stein, a defense attorney who represented police officers in the Amadou Diallo case; Prof. Barry Scheck, one of the attorneys in Louima's civil suit against the City of New York; defense attorney Gerald Shargel; and Prof. Randolph M. McLaughlin of Pace Law School. Professor Yaroshefsky, director of the Jacob Burns Ethics Center, moderated.

Kubitschek and Lansner below (third from left and far right), with some of the plaintiffs in Nicholson v. Williams.
Attorneys David J. Lansner and Carolyn A. Kubitschek spoke at Access to Justice: No Money, No Lawyer - No Children about the suit they recently won in which they represented mothers who were victims of domestic abuse. In the case, Nicholson v. Williams, Judge Jack Weinstein, in a ground breaking decision, held it unconstitutional for New York City to remove children from mothers who were victims of domestic violence without providing them with adequate counsel. In many cases, lack of counsel is the only factor preventing mothers from regaining custody of their children.

Students Honored For Their Accomplishments

Cardozo's first softball team, the Running Rabbis, competed in the 19th annual law school softball tournament in Charlottesville, Virginia - the law school equivalent of the World Series. For three days during spring break, 90 teams from 51 schools competed. Cardozo's "11" finished its first season with a 52 record.

(From left) front row: Scholarship winners Autondria Minor, Albany Law; Deidra Ritcherson, University of Chicago; and Alexis Hart '03. Back row: Sidney B. Williams, Jr. and Philip Johnson, chief patent officer, Johnson & Johnson.

Alexis Hart '03 was one of the three inaugural recipients of the $10,000 Sidney B. Williams, Jr. Intellectual Property Law Scholarship sponsored by the American Intellec tual Property Law Educa tion Foundation, which seeks ways to increase the diversity of the intellectual property bar. Ms. Hart is on the AELJ, president of the Sports & Enter tainment Law Students Association, and was a member of Cardozo's National Trial Team. While at Cardozo she has worked at RCA Records, Universal Music Group, HBO Direct, and Deloitte & Touche. The scholarship is named for Mr. Williams, a corporate and law firm intellectual property attorney, who played football for the New York Giants and in the Canadian Foot ball League before going to law school.

Judge Myron Bright of the US Court of Appeals for the Eighth Circuit gave a breakfast talk for LL.M. students about the decision-making processes of the federal appellate courts.

Kendall Taylor '04, a returning student, was among a well-known literary crowd when she won a Ken Book Award this spring for Sometimes Madness is Wisdom: Zelda and Scott Fitzgerald: A Marriage, which was published in 2000 by Ballantine Books. The annual award is given by the Kenneth Johnson Memorial Research Library for books that substantially contribute to the public's awareness and better understanding of mental illness. Ms. Taylor, who holds a Ph.D., is a cultural historian and a former Fulbright scholar. This year the award also went to Quincy Jones, Marie Osmond, and Andrew Solomon, among others. Sylvia Nasar, author of A Beautiful Mind and a 1999 Ken Book Award winner, gave the keynote address at the award ceremony.

Heyman Scholars and the first class of Heyman alumni attended a reception at the elegant Alger House in Greenwich Village. (From left) John Kirland '03, Ilana Kameros '03, Allison Wexler '03, and Elissa Aaronson '03.