8bb Around Campus -- Spring 1998 Cardozo Life 1000
Around Campus

Conference Examines Holocaust Issues

Policy makers, authors, academics, religious leaders, and diplomats from around the world discussed highly topical subjects related to the Holocaust at a major two-day conference, "The Holocaust: Moral and Legal Issues Unresolved 50 Years Later." The panelists analyzed such issues as the role of Switzerland and other "neutral" states, looted art, Nazi gold, hidden bank accounts, confiscated Jewish property, and the future of Auschwitz. The event, cosponsored by Cardozo, the Jacob Burns Institute for Advanced Legal Studies, and the World Jewish Congress, was held February 8 and 9 at Cardozo.

Paul Volcker

Conference co-organizer Prof. Malvina Halberstam said, "I believe the conference made a very important contribution to the thinking on a subject that is very difficult, philosophically, legally, and emotionally. The panelists emphasized correctly that the issues are justice, dignity, and human rights in the broadest sense." She indicated that what made the conference noteworthy was the caliber of the panelists and the exceptionally high quality of their presentations. According to Professor Halberstam, Bennett Freeman, senior adviser to Under Secretary of State Stuart Eizenstat, and many others said that it was the best and most comprehensive conference on the subject that they had attended.

D'Amato, Halberstam and Verkuil (left to right)

Senator Alfonse D'Amato, the New York Republican who heads the Senate Banking Committee and has helped force Swiss banks to open their hitherto secret bank records, spoke at the opening session.

He announced that he had just asked Alan Greenspan, chairman of the Federal Reserve, to block the pending merger between Swiss Bank Corporation and Union Bank of Switzerland until a thorough audit of their wartime assets is completed.

He also discussed the issue of looted art and the reluctance of museum directors to investigate the provenance of the art their institutions hold. "I don't think the great galleriesÉthat now hold this artwork are interested in finding a quickÉsettlement of these claims," he said.

Freeman and Singer (left to right)

Among the other speakers were Paul Volcker, chairman, Ind 1000 ependent Committee of Eminent Persons; Ambassador Naphtali Lavie, vice chairman, World Jewish Restitution Organization; Prof. Daniel J. Goldhagen, Harvard University, author of Hitler's Willing Executioners: Ordinary Germans and the Holocaust; Hector Feliciano, author of The Lost Museum; Rabbi Norman Lamm, president, Yeshiva University; Elyakim Rubinstein, attorney general of the State of Israel; Rabbi She'ar Yashuv Cohen, chief rabbi, Haifa; and Israel Singer, secretary general, World Jewish Congress, who was the co-organizer of the conference.

Guilt, Love and Reckoning: A Literary Discussion

Weisberg, Goldhagen, Schlink, Verkuil, and Jacobson

Guilt, love, and reckoning in postwar Germany were the themes of a literary conversation that drew more than 400 people to Cardozo. Inspired by Prof. Bernhard Schlink's best-selling novel, The Reader, the panel of authors -- including Professor Schlink, a regular visitor at Cardozo -- discussed these themes from a literary, legal, and moral point of view. Prof. Arthur Jacobson, who coordinated the evening, moderated the panel, which also included Prof. Daniel Goldhagen of Harvard University and author of Hitler's Willing Executioners: Ordinary Germans and the Holocaust; New York Times editorial writer Tina Rosenberg, who won the Pulitzer prize for The Haunted Land: Facing Europe's Ghosts After Communism; and Prof. Richard Weisberg, author of Vichy Law and the Holocaust in France. (from left: Weisberg, Goldhagen, Schlink, Verkuil, and Jacobson)

Panel Discusses Early Patent Publication

Duffy, Wyatt, Gregory, and Wamsley (from left)

Douglas Wyatt, Esq.,Wyatt, Gerber, Meller & O'Rourke, LL.P. (at the podium), was a panelist at "Early Patent Publication: A Boon or Bane?" held last fall by the Intellectual Property Law Program and Cardozo Arts & Entertainment Law Journal. Prof. John Duffy (left) moderated the discussion of the legal and economic effects of publishing patent applications after 18 months of filing. Other panelists included (from right) Herbert Wamsley, executive director, Intellectual Property Owners, and Hayden Gregory, Esq., American Bar Association. Not shown is Dr. Robert Rines of United Inventors Association of America and Alliance for American Innovation.

LL.M. Programs in Intellectual Property and General Studies to Be Offered

Two graduate programs at Cardozo have been given the go-ahead by the AALS and ABA. As we go to press, the new programs are awaiting approval by the State of New York to begin in the fall. Building on the Law School's strengths in both intellectual property and legal theory, members of the faculty working with the dean's and admissions offices have developed two Master of Laws programs for law school graduates contemplating a career change or interested in specialized training, as well as foreign lawyers seeking American training.

"With work in intellectual property becoming so highly specialized, a large number of lawyers want more training," explained Senior Associate Dean Michael Herz. "The graduate program in Intellectual Property is the capstone to what is already one of the nation's strongest programs in this field."

The General LL.M., aimed primarily at international students, will be open also to any law school graduate seeking further training. Candidates will be able to construct their own educational programs.

"These new students will make the Law School that much more diverse and will have real benefits for the entire Cardozo community," he said.

Scheck Teaches Lessons Learned in Woodward Trial

Forty-eight hours after Judge Hiller B. Zobel set aside a jury's second-degree murder conviction of British nanny Louise Woodward, her defense attorney, Barry Scheck, brought the case to the classroom at a community meeting open to all Cardozo students. Professor Scheck discussed the trial and emphasized for more than 250 soon-to-be-lawyers the lessons to be learned from it, including client-attorney relationships, jury selection, professionalism, the value of forensic science in proving guilt or innocence, and ethical issues facing lawyers today.

He said, "This is the only case I've lost in front of a jury where I couldn't understand the reason for losing." He admitted that it was the "lowest moment I've ever had as a professional." However, the judge's reduction of the verdict and Professor Scheck's recent high ratings in public opinion polls lead the well-known professor to believe that his position in the public arena will not negatively affect his ability to defend future clients.

"You are never universally applauded, especially in controversial cases," stressed Professor Scheck. "However, the important thing is always to maintain your professionalism."

Panel on Political Prisoners Brings Cochran to Campus

References to the antiwar movement, the Black Panther Party, Abbie Hoffman, and Kathy Boudin of the Weathermen charged the room at Benjamin N. Cardozo School of Law on February 4 with palpable excitement. Several hundred students and guests came to hear a stellar group of lawyers who have represented "political prisoners." Kathleen Cleaver, a member of the central committee of the Black Panther Party from 1967 to 1971 and a visiting professor at Cardozo last fall, moderated the panel sponsored by BALLSA, which included attorneys Johnnie Cochran, Lennox Hinds, Joan Gibbs, Leonard Weinglass, and Jonathan Lubell; as well as human rights activist Linda Thurston.

Lubell, Weinglass, and Cochran (from left to right)

Mr. Cochran set the tone of the evening with his remark, "I am honored to be on this panel with other warriorsÉwho have worked to change society for the better, forever." Quoting Frederick Douglass ("without struggle there is no progress"), he implored those who soon will be lawyers to find a niche where they can make a difference. He said that if they should choose to represent the underrepresented, they will find a career in which they will always be energized. Mr. Cochran represents Geronimo Pratt, a former member of the Black Panther Party, who was released from jail in June 1997 after serving 27 years for a crime he never committed.

Other political prisoners currently represented by the panelists include Joanne Chesimard by Mr. Hinds, Mumia Abu-Jamal by Mr. Weinglass, and Sundiata Acoli by Ms. Gibbs. The panelists read FBI reports that revealed the tactics used by the government to harass and "neutralize" -- a euphemism for eliminate -- the individuals who were deemed destructive to the state. They urged students to work with political prisoners, whom Mr. Lubell called "flowers of the oppressed community."

Pre-Law Advisers and Students Visit Cardozo


Dean Verkuil and the admissions office hosted a "Day at Cardozo" for a dozen pre-law advisers, including representatives from Boston University, University of Maryland, NYU, Fordham, Trinity, Wesleyan, and Bowdoin. "This was the first time in many years that we invited advisers to a formal program. With the completion of the 11th floor, the start of the new academic year, and the initiation of new programs by our dean, we have much to show off," declares Robert Schwartz, director of admissions. The guests met current Cardozo students, sat in on a Property class taught by Melanie Leslie, and met with Professors Monroe Price and David Rudenstine and staff from both the admissions office and the Center for Professional Development. They had lunch at the Salmagundi Club, toured the Law School with graduates of their institutions, and finished the day with a tour of the neighborhood.

The admissions office under Schwartz has initiated a number of events to bring interested students to campus. "Nobody can tell Cardozo's story better than the professors and students," observes Schwartz. "We work with several undergraduate institutions that bring groups of their students to Cardozo for a look at the Law School." This year, student groups from Sarah Lawrence, Barnard, CUNY, and Yeshiva visited for half days. In February, the admissions office hosted a "Students of Color Law Day," which brought a couple of dozen students to campus for tours, visits with members of BALLSA, and to sit in on classes. This new program, initiated to increase diversity on campus, was deemed successful enough to be repeated next year.

More than 75 admitted students came to Cardozo in March for the annual event that introduces them to the Law School prior to their making final decisions about attending in the fall. They met Dean Verkuil, sat in on a first-year class, talked with current students, and relaxed at a lavish reception.

Session on Media and Poverty Law

Felipe Luciano, Fox Television

Attorneys who work in legal services and not-for-profit organizations gathered at Cardozo for "The Media and Poverty Law: Ethical and Tactical Issues for Advocates." Coordinated by Prof. Ellen Yaroshefsky and cosponsored by the Jacob Burns Ethics Center and the Legal Support Unit of Legal Services for New York City, the half-day session featured public relations professionals and journalists who discussed how to develop a media strategy and sell a story to a journalist. Additionally, there were discussions on how to protect your client and how to use the press to help your cause. Felipe Luciano of Fox Television (shown here) called for substance and passion when contacting the press and said, "Give me a moral drama and I'm on it."

Warren Buffett Teaches Master Class at Cardozo

Warren Buffett

"Testing -- one million, two million, three million," intoned Warren Buffett, legendary chairman of Berkshire Hathaway Inc., as he checked the microphone and started a "class" at Cardozo early in December. In a lively and candid discussion in Larry Cunningham's class in Corporations, guest professor Buffett offered students investment advice and a guided tour of his personal philosophy.

Initially, he spoke about conflict resolution and negotiation in business and suggested students have a flexible mind and "when faced with difficult situations, realize that more ca 1000 n be gained if you do not take an adversarial role." He then opened up the floor to questions: "Ask whatever you like, anything goes."

"What should a young associate do if he or she has a moral or business conflict with the boss?" asked one law student. "Do whatever your senior partner tells you to do," joked Mr. Buffett. He continued on a more serious note with a Churchill quotation: "The house you are associated with shapes you." He advised the students to work with their "heroes." Mr. Buffett named his father, his wife, and Tom Murphy, former head of CapCities, among his heroes. About Murphy he said, "I've seen him close-up in many situations. Money unmasks people. He's never done anything that couldn't be on the front page of the New York Times, even if the reporter were unsympathetic."

Students plumbing the legendary investor for advice were told to use research and diligence to estimate what a given company would look like in 10 to 15 years. He emphasized, "I look for absence of change. I want to be able to predict. Berkshire Hathaway looks at the business itself, independently of market value. We don't trust anyone else's evaluation. The question to ask yourself is, if you were to go away for 10 years and could buy stock in only one company, which would you go with?"

When asked what he thought about Kodak's announced retrenchment and loss of market share, he compared Kodak and Coca-Cola to castles with moats. "Coke has a very large moat around its castle, but Kodak's moat is shrinking. It is smaller today for a variety of reasons. However, I think they made a fatal mistake, dating back to the 1984 Olympics." According to Mr. Buffett, Kodak allowed Fuji Film to outbid it for the advertising slot at the Olympics, and suddenly Kodak -- a name that has always been synonymous with the best in photography -- took a backseat to Fuji, a second-tier company at the time. Meanwhile, Fuji gained worldwide attention and name recognition in the field.

He spoke about leveraged buy-outs, social security, and philanthropy. When a student questioned whether he was up to Ted Turner's challenge to his peers to give to charity, Mr. Buffett amazed the class with his statement, "I am giving it all away -- actually, 99 percent, which my kids think is everything." He continued, "Ted, myself, all of you, we are incredibly blessed to be born at this time, in this country. I don't believe in creating a dynasty of wealth. We should give back to the society that has given us so much."

To a student's query about how he spends his day, he replied, "I tap-dance to work. I enjoy keeping my managers, who are already rich, eager to work. I want to work with people who love the business."

He concluded with some personal remarks. "I enjoy doing just what I do. I have all the creature comforts. I don't live any differently from someone who's making $200,000 annually. I still live in the same $31,000 house I bought 30 years ago in Omaha, Nebraska. My kids went to the same public grammar school that I went to, and now my grandchildren are there, too. The important thing is having enough to do what you like to do. I love my job and my life."

Uri and Caroline Bauer Lecture

Bauer Lecture. Professor Choper (at right) and Harry Bauer, member of the Cardozo Board of Directors

Jesse Choper, Earl Warren Professor of Public Law, Boalt Hall School of Law, University of California, Berkeley, was the Uri and Caroline Bauer Lecturer this year.

His speech in November was 1000 "On the Difference in Importance Between Supreme Court Doctrine and Actual Consequences." Professor Choper, who has taught at Berkeley since 1965 and was its dean from 1982 to 1992, is a renowned scholar in the fields of constitutional law and corporation law. Professor Choper (at right) is shown here with Harry Bauer, member of the Cardozo Board of Directors.

Trying Youth Offenders as Adults Panel

Michael Corriero

"Plato, Cicero, Thomas Aquinas, and Thomas Jefferson all believed in a natural law, one that transcended human law. They believed, in the words of Cicero, that prosecuting children Ôis not right reason,' " noted Michael Corriero (pictured here), presiding judge of the Youth Part of the Supreme Court, at the panel "Trying Youth Offenders as Adults," sponsored by Cardozo Women's Law Journal in November. While discussing the perennial topic of how to deal with serious juvenile crimes, the panelists came to a consensus that the system needs a more sophisticated way to deal with violent offenders -- a carefully circumscribed transfer-up system. Judge Corriero said that family court judges should make that determination. Other panelists included Peter Reinharz, division chief, Family Court Division, NYC Law Department; and Robert G. Schwartz, executive director, Juvenile Law Center and chair, ABA Juvenile Justice Committee. Prof. Kyron Huigens moderated.

Securities Law Experts Discuss Insider Trading

Prof. Marcel Kahan and Arthur F. Mathews, Esq.

Experts in securities law gathered at Cardozo in November for "Insider Trading After O'Hagan: Law Policy and Theory." In a round table, panelists analyzed the craftsmanship of the recent Supreme Court O'Hagan opinion, which upheld the judicially created

"misappropriation theory," making it a criminal offense for certain outsiders to trade on insider information. Conference organizer and moderator Prof. Lawrence Cunningham noted that "O'Hagan marks the first time in some 17 years that the Supreme Court of the United States has spoken -- as a court -- on the murky contours of insider trading law.

For that reason alone, the opinion is important: it will also strongly influence the future fabric of insider trading law." Cosponsored by The Samuel and Ronnie Heyman Center on Corporate Governance and Cardozo Law Review, the panel featured the Honorable Ralph K. Winter, US Court of Appeals for the Second Circuit; Prof. Roberta S. Karmel, Brooklyn Law School; Prof. Marcel Kahan, New York University School of Law (at left); Arthur F. Mathews, Esq., Wilmer, Cutler & Pickering (at right); and Daniel J. Kramer, Esq., Schulte Roth & Zabel.

Friends of Cardozo Reorganize

Fred, Thomas and Eleanor Silecchia and an unidentified parent (from left to right)

More than 60 parents came to Cardozo in February for a "Friends of Cardozo" cocktail reception. Margaret Cook Schulte '92 and her husband, Stephen J. Schulte, are cochairs of the newly reorganized group that raises funds to create and sustain specific academic projects. Mr. Schulte, vice chairman, Cardozo Board of Directors, an adjunct professor, and partner, Schulte Roth & Zabel, welcomed guests and commended the Law School for its outstanding progress in jus 1000 t 20 years. Senior Associate Dean Michael Herz updated parents on improvements in Cardozo's facilities -- the completed renovation of the 11th floor, the redesign of the 1st and 9th floors, and the anticipated opening of the new dorm in September. The program was rounded out with remarks from faculty members Stewart Sterk and Toby Golick, who both commented on the exceptional caliber of Cardozo students. Friends of Cardozo, which was founded by Cardozo parents, has supported scholarships and the library's computerization project, contributed to the Summer Institute, and funded stipends for students working in the public sector.

Cardozo Teams Have Winning Year

This year, Cardozo's Moot Court teams have an impressive record. The Moot Court Honor Society won the 15th annual Academy of Law Competition -- Jim Harris won Best Oralist -- and placed well in four other competitions. For the first time in the School's history, Cardozo's team won the regional competition of the Association of the Bar of the City of New York's National Competition, defeating all teams from New York and New Jersey. It went on to reach the quarterfinals of the nationwide competition, placing Cardozo in the top 16 teams nationally.

Cardozo placed in the quarterfinals at the San Diego Criminal Law competition and in the J. Braxton Craven Constitutional Law Competition at the University of North Carolina, Chapel Hill. In the latter event, Cardozo's oralists, Natasha Young and Elizabeth Kase, were ranked in the top 10 out of more than 80 competitors. The team arguing in the Tulane University Sports Law Invitational won the Best Brief award, in addition to advancing to the "sweet sixteen" round. Oralists Matt McCurdo and Eric Cohen will have their brief published in the Sports Lawyers' Journal.

The Cardozo Trial teams, under the coaching of Jill Konviser '90, senior assistant counsel to Governor Pataki, won second place in the National Association of Criminal Defense Lawyers Competition at the organization's national convention in New York. Cardozo's team had been selected from dozens of law schools as one of the 14 outstanding trial teams to participate in the NACDL competition. Erach Screwvala won the prize for Outstanding Oral Advocate. Vered Rabia received the prize for Best Advocate in the semifinals of the competition.

In March, Cardozo won first and second place at the northeast regional competition of the Association of Trial Lawyers of America. Both teams went to the finals in Washington, D.C.

Four Professors Visit Cardozo

David Caudill John Davidian

As in previous semesters, Cardozo is benefiting from the presence of visiting professors on campus. (clockwise from top left) David Caudill, from Washington & Lee University, is teaching Contracts and co-organized the April conference, "Modes of Law: Music and Legal Theory." His interests are in legal theory and in psychoanalysis. In addition to a law degree from University of Houston, he has a Ph.D. in philosophy from Free University of Amsterdam.
Penelope Pether Park McGinty John Davidian is teaching Federal Tax and Corporate Tax. He is a professor at St. John's University and also teaches in the New York University graduate tax program. He holds a J.D. from St. John's and an L a7c L.M. from NYU. Park McGinty, who is teaching Corporations and Corporate Finance, has a Ph.D. in the history of religion from University of Chicago and a J.D. from Yale University. He previously practiced at Davis Polk & Wardwell and has taught at New York Law School. Penelope Pether teaches at the University of Sydney, where she received a law degree and a Ph.D. in English. She is teaching Feminist Jurisprudence and Law and Literature.

Dean and Profs Help SBA Raise $12,000

A Confident Bidder And the Happy Winner

It was touted as the Sixth Annual Goods and Services Auction with a new twist -- a fashion show. This year's event, which raised more than $12,000 for summer public interest stipends, felt less like a fundraiser and more like a party. The evening was sponsored by the Student Bar Association. It was chaired by Stefania Geraci and Rachel H. Nash, who produced the fashion show, and choreographed by Delton Henderson.

The night began with a silent auction, followed by the fashion show, and concluded with a live auction featuring meals donated by Cardozo professors, including dinner for three with Dean Verkuil. Other items included the chance to "be made fun of or nominate someone to be made fun of in the Law Revue Show," horseback riding in Central Park, and golf at the Winged Foot Country Club, home of the PGA Championship Tournament.

The fashion show energized the audience and readied them for lively bidding. Fashionable day and evening wear loaned by trendy Uncle Sam's, 5th Ave. Collection, Bang Bang, Club Monaco, Zeller Tuxedo, and VIP Fashion by Esther Nash were modeled by Cardozo and FIT students.

The Stylish Dean Verkuil

The highlight of the fashion show may have been Dean Verkuil, in his debut on the Cardozo catwalk, wearing a black tuxedo with a Nehru collar and a white banded collar shirt with a black button enhancer. In his final turn on the runway, the dean opened his jacket, placed both hands in his pockets, and struck the perfect model's pose -- a spirited performance in an extracurricular endeavor that benefits Cardozo's students.