Contents
Dean's Letter
Around Campus
Faculty Briefs
Interview: Lautenberg
The Privitization Quandry
Loose Professionalism
Cardozo Alumni Representing the People
Alumni News
Calendar
Masthead
Administration
Donors
View As PDF

Professor Haile Retires
Rudenstine Named Vice President for Legal Education
Susan Crawford Joins ICANN Board, Spearheads Worldwide Web Celebration
Professional Honors
Friends, Colleagues, and Former Students Celebrate Professor’s Life
Hughes and Beebe Visit Japan
Program Inaugurates Jewish Law and Legal Theory Workshop; Lectures and Panels Continue


Professor Haile Retires



At the end of August, Minasse Haile retired after serving 26 years on the Cardozo faculty and was named professor emeritus by YU President Richard Joel.

Haile was appointed professor in 1979, soon after Cardozo opened. He arrived after an illustrious career in his native Ethiopia, where he served Emperor Haile Selassie as the Minister of Foreign Affairs, Ambassador to the United States, and as chairman of the Emperor’s Private Cabinet.

Highly decorated, Haile holds more than two dozen international honors, including being named Honorary Commander of the Royal Victorian Order by Queen Elizabeth II and receiving the French Legion of Honor. During his early career, he helped draft Ethiopia’s first civil service regulations and helped establish the first Personnel Administrative Agency.

Haile went to school in the United States, receiving his law degree as well as a master’s degree and Ph.D. in international law and relations from Columbia University. He completed his undergraduate studies at the University of Wisconsin. His scholarship and writings focused on international human rights, especially in his native Africa, and he was known at Cardozo for bringing his distinct knowledge and experience into the classroom. Over the years, he taught Comparative Law, Law of International Organizations, Human Rights and Economic Development, and International Human Rights. “I enjoyed Cardozo very much, the school, the faculty, and the students,” he said.

Now, as he enters retirement, there is much he would like to accomplish. He is beginning to gather his papers and thoughts for a memoir he wants to publish, and he hopes to travel to Africa, a trip he has been unable to make for political reasons since 1977.



Rudenstine Named Vice President for Legal Education



David Rudenstine, called by YU President Richard Joel “a gift to the University,” was named vice president for legal education and reappointed as dean. This appointment, which was approved by the University’s Board of Trustees, makes Rudenstine a member of President Joel’s cabinet. According to President Joel, Dean Rudenstine’s new appointment is in recognition of his and the Law School’s continuing success and his contribution to the University.

In accepting the appointment, Dean Rudenstine, who is also Sheldon H. Solow Professor of Law, said, “I am honored by my appointment as a university vice president and grateful to President Joel for the trust and confidence he has in me. It has been a very special and gratifying privilege to serve as dean of Cardozo these last four years and I look forward to continuing to serve this remarkable law school and to assist in the strengthening of Yeshiva University.”

Kathryn O. Greenberg ’82, Cardozo Board chair and a member of the YU Trustees said, “Cardozo and the University each benefit from this wonderful appointment. It will increase the mutual understanding and success that both institutions enjoy.”


Susan Crawford Joins ICANN Board, Spearheads Worldwide Web Celebration



Susan Crawford has been named to the board of directors of the Internet Corporation for Assigned Names and Numbers (ICANN), a not-forprofit organization responsible for assigning Internet Protocol (IP) addresses and managing the worldwide system of domain names. Its mission is to ensure the stable and secure operation of these unique identifier systems, which are vital to Internet operation. In addition, ICANN coordinates policy development related to these technical functions.

Crawford, a well-known expert in cyberlaw, was the only newly nominated board member to join the 15-person board at the conclusion of ICANN’s Annual General Meeting in Vancouver, Canada on December 4, 2005. Her term is for three years. The ICANN board meets three times a year at locations around the globe. The next meetings are scheduled to take place in Wellington, New Zealand and Marrakesh, Morocco.

“Susan’s appointment to the ICANN Board of Directors is well deserved and will inform her scholarship and provide an exciting aspect to her teaching at Cardozo,” Dean David Rudenstine said. “She has written extensively about ICANN, is extremely knowledgeable about the issues and policy, and will be an asset to the organization.”

When the announcement was made, Crawford wrote in her blog, “I am deeply honored to have the opportunity to work with the ICANN community, and I look forward to digging in and helping out.” She continued, “The ICANN experiment is a big idea that meets a crucial need. It’s not a regulatory agency. It’s a forum for the discussion of global policies for domain names. Its form of standardsetting (which includes policymaking), done right, should match the way the Internet works: most things should be left to local control, with only a few global rules imposed with which most people are willing to go along.”

Crawford, who is an advocate for keeping the Internet open and free, came to Cardozo in 2003 from the law firm of Wilmer, Cutler & Pickering, where she was a partner. Her practice, which included litigation, counseling, and transactional work, focused on intellectual property, advertising, privacy, domain names, and e-commerce policy issues. A Yale Law School graduate, Crawford is a Policy Fellow with the Center for Democracy and Technology, and a Fellow of the Yale Law School Information Society Project.

Among Crawford’s current projects is OneWebDay, which she describes as an annual celebration of “the health and diversity of the Internet, and a way to remind people they need to work to maintain the values that have made the Internet a gift.” Similar in form to Earth Day, OneWebDay will be celebrated around the globe on September 22; the goal, according to the organization’s Web site, is to “create, maintain, advance, and promote a global day to celebrate online life.” Among other volunteers, students at Cardozo, Harvard, and Yale are coordinating in-person brainstorming sessions around the world to facilitate specific projects.

Among Crawford’s current projects is OneWebDay, which she describes as an annual celebration of “the health and diversity of the Internet, and a way to remind people they need to work to maintain the values that have made the Internet a gift.” Similar in form to Earth Day, OneWebDay will be celebrated around the globe on September 22; the goal, according to the organization’s Web site, is to “create, maintain, advance, and promote a global day to celebrate online life.” Among other volunteers, students at Cardozo, Harvard, and Yale are coordinating in-person brainstorming sessions around the world to facilitate specific projects.

According to Crawford, “Although the Internet is made up of machines, it’s also a remarkable social phenomenon that allows us to collaborate and create together in amazing ways. OneWebDay will be a day for offline events like blogging in parks, teaching older people to IM, and creating hotspots, and a day for online collaborations like creating ‘a day in the life of the Web’ exhibits, music mashups, and ‘stadium waves’ online.” For more information, visit www.onewebday.org.

Professional Honors

Marci Hamiltoncontinued her representation of clergy abuse victims, arguing First Amendment issues in federal court in the Portland, OR archdiocese federal bankruptcy proceeding and in a Spokane, WA archdiocese bankruptcy case where she won. Again representing clergy abuse victims, she gave an oral argument in federal court on the constitutionality of retroactive legislation in San Diego. At the AALS in January, she spoke on “The Religious Origins of the Establishment Clause.”



Monroe Price, who has for two years been directing the Project for Global Communication Studies at the Annenberg School for Communication of the University of Pennsylvania, received a grant from the Hewlett Foundation to study the operation of the freedom of information law in Mexico. He drafted a report for the BBC World Service Trust on the status of media in Iraq and spoke at Wilton Park, in the United Kingdom, at a workshop for the governing board of the Iraqi Media Network. He co-organized a conference on media in conflict zones with the Crisis States Programme of the London School of Economics.

Michel Rosenfeld delivered “Political Rights in Times of Stress” at the National Academy of Law and Social Sciences of Cordoba, Argentina on the occasion of his induction in June 2005 as a foreign member of the organization. During the fall semester, he visited Taiwan and spoke on “The Problem of Identity in Constitution Making and Constitutional Reform” at the Constitutional Reengineering of New Democracies: Taiwan and the World conference. At the international conference The Future of the European Judicial System—The Constitutional Role of European Courts, at Humboldt



MICHEL ROSENFELD RECEIVES LÉGION D’HONNEUR In a September ceremony at the French Consulate on Fifth Avenue, colleagues, family, and friends celebrated as Prof. Michel Rosenfeld was formally decorated with the medal of a Chevalier de la Légion d’Honneur. Monsieur Olivier Dutheillet de Lamothe (at podium), a member of the French Constitutional Council, spoke of Professor Rosenfeld’s long-standing ties to France and his important contributions to French culture and law. Created in 1802 by Napoleon Bonaparte, the Légion d’Honneur is the highest award given by the French Republic for outstanding service to France.

University in Berlin, he joined the German Minister of Justice and the President of the European Court of Justice as a plenary speaker. His speech was “Comparing the European Court of Justice and the US Supreme Court.” Later in the fall, he spoke in Paris on “The Balance Between Liberty and Security in the Fight Against Terrorism as It Emerges from the Jurisprudences of the US, UK, and Israel” at the École Nationale de la Magistrature; on “Human Rights and the War on Terror in the United States” at the Bar Association of the City of Paris; and on “Proportionality: Intrinsic or Extrinsic Standards?” at the University of Paris X.

Ellen Yaroshefsky was honored by her alma mater, Rutgers Law School, with the Eric Nesser Award for Outstanding Public Service. In November she presented “How Secret Evidence Is Eroding the Adversary System” at a conference, Lawyers’ Ethics in an Adversary System, at Hofstra Law School.



PAPERS, PANELS, BOOKS Paris R. Baldacci spoke in December on “Addressing the Challenge of a Person with Diminished Capacity in Housing Court” at a panel on ethical issues in dealing with self- and partially represented litigants in Housing Court, sponsored by the Housing Court Committee and the Housing Court Public Service Committee of the Association of the Bar of the City of New York. Later in the month, he spoke on “Representing Gay, Lesbian, Bisexual and Transgender Families in Tenancy Succession Cases” at a new associates pro bono day sponsored by the City Bar Committee on Pro Bono and Legal Services.


At a conference on genetics and reproductive technology held by the World Health Organization in Cairo, J. David Bleich spoke on stem cell research. He presented a paper at the AALS annual conference entitled “Ruling Over Others: The Religious Implications of Governing People of Other Faiths” and then traveled to Germany, where he spoke on “Torture vs. Duty of Rescue” at Humboldt University in Berlin.



Toni M. Fine was a Fulbright Senior Specialist for the US State Department and US Consulate, in Lagos, Nigeria, where she lectured at Obafemi Awolowo University, Babcock University, Lagos Business School, and Pan African University, among other places. She was a visiting professor at Catedra Garrigues Program in Global Law at the Universidad de Navarra, Spain and spoke on the “Supreme Court of the US and Its Use of Foreign Law” at the Constitutional Law Colloquium, Universidad Complutense, Facultad de Derecho, Madrid. She also visited Germany, lecturing on “Politics and the Supreme Court of the United States” at Humboldt University, University of Bochum, and Hannover University.



Myriam Gilles is a Fellow in the Program in Law and Public Affairs at the Woodrow Wilson School at Princeton. She is working on a project tentatively entitled “Exploding the Class Action Agency Costs Myth: The Social Utility of Entrepreneurial Lawyers.” Her article “Opting Out of Liability: The Forthcoming, Near-Total Demise of the Modern Class Action,” which looks at collective action waivers in arbitration clauses, was published in the Michigan Law Review.

Malvina Halberstam’s article “La Grande and Avena Establish a Right, but Is There a Remedy?” was published in the Journal of International and Comparative Law. In November, she spoke on “The UN’s Evolving Stance on Terrorism: Where Are We Now?” Her lecture was sponsored by Yeshiva University’s Joseph Dunner Political Science Society and the Rabbi Arthur Schneier Center for International Affairs.

Justin Hughes delivered “Global Convergence in Legal Attacks and Decisions in P2P File Sharing” at The Legal Future of P2P File Sharing Software at Queen Mary College, University of London in November and “The American Approach to Domain Name Disputes— Comparative American and International Legal Norms” in October at the annual seminar of the National Internet Development Agency of Korea. After his visit to Japan with Barton Beebe, Hughes traveled to Beijing, where he spoke on “Challenges to Intellectual Property and its Justifications” at Renmin University Law School, which publishes the China Intellectual Property Review.



Eric Pan presented a paper on “Regulation of Clearing and Settlement Systems” at St. John’s College, Cambridge University in September as part of the Transatlantic Financial Services Regulatory Dialogue. He chaired a panel on “Strategies of Comparative Corporate Governance” at the International Chamber of Commerce Roundtable on Corporate Governance in London and took part in a panel on “Corporate Governance: Promoter of Economic Development” at the New York University Center for Global Affairs in October.

David Rudenstine’s article “Common Ground: Law Schools in American Life During the New Age of Faith” was published in The University of Toledo Law Review as part of a symposium issue on leadership in legal education.

Alex Stein delivered “Ambiguity Aversion and the Criminal Process,” at the Law & Economics Seminar at Bar-Ilan University, Israel. The paper of the same title, which he cowrote with Uzi Segal, will be published in the Notre Dame Law Review. His article “Overenforcement,” written with Richard Bierschbach, was published in the Georgetown Law Review.

Susanne Stone is a curator of the Jews & Justice Series, presented by the American Jewish Historical Society at the Center for Jewish History.

In May, Ed Zelinsky appeared before subcommittees of the House Judiciary Committee, testifying on the Sixth Circuit decision in Cuno v. DaimlerChrysler and on his own case, Zelinsky v. Tax Appeals Tribunal, which is before the New York Court of Appeals. He has written and spoken widely about these cases, appearing in October in Washington, DC to address the National Association of State Bar Tax Sections and in Manhattan in December addressing the Foundation for Accounting Education annual conference for New York state taxation. He spoke at the University of Minnesota School of Law and at the Tax Executives Institute in San Diego about Cuno, which the US Supreme Court has agreed to hear. Many of the briefs filed with the Court cite his writings.

Friends, Colleagues, and Former Students Celebrate Professor’s Life

Vice Dean Laura Cunningham was one of several speakers who recalled Gates at the memorial ceremony held this February. On her left is a portrait commissioned by his Cardozo colleagues.

Nearly 200 faculty, students, alumni, and friends gathered at a memorial service for E. Nathaniel Gates in the moot court room. Gates, who died at home in Canada on January 8 at the age of 51 after a long struggle with cancer, was universally remembered as a warm, compassionate human being. His former students and colleagues spoke of the impact he had on their lives, of his deep and abiding faith, and his engagement in the study of critical race theory and the history of race relations in the United States. Those who spoke at the service were Prof. Eva Hanks, Vice Dean Laura Cunningham, Dean David Rudenstine, Gates’s secretary Sharon Thomas, Etta Ibok ’93, Devin Rice ’99, Jahaira Zagarell ’99, Scott Maslin ’06, Sheetal Shetty ’06, and Amanda Greenspon ’06. Alan Florendo ’06 closed the service by singing an aria from Handel’s opera Rinaldo. Prior to his death, Gates’s many friends on the faculty and staff commissioned a portrait to hang at the Law School as a tribute and memorial to Gates’s gracious and supportive presence at Cardozo. The portrait was painted by Canadian artist Kendall Nichols, whom Gates admired.



An award named in honor of Prof. E. Nathaniel Gates was presented to Jeff Marx ’96, cocreator of the Tony Awardwinning Broadway musical Avenue Q, for his outstanding contributions to the LGBT community. The ceremony was cohosted by Outlaw (formerly Gay and Lesbian Law Students Association), the Office of Career Services, and Office of Alumni Affairs.

E. Nathaniel Gates joined the Cardozo faculty in 1992. He was first and foremost a gifted teacher and mentor. His influence extended far beyond the classroom, and many students found in him a friend and advisor on career, academic, and social issues. His open door policy— even for those not enrolled in his classes—was legendary. Gates served as a mentor and advisor for such important student initiatives and organizations as the Diversity Coalition and BALLSA. In 1995, the students elected him Outstanding Professor of the Year. Few teachers have the kind of influence, or inspire the kind of devotion, that characterized the relationship between Gates and so many Cardozo students and alumni.

He enriched the life of the Law School by organizing important academic panels and conferences such as Bondage, Freedom & the Constitution and bringing to campus major figures including Rev. Al Sharpton, former Mayor David Dinkins, Judge Leon Higgenbotham, former Black Panther Kathleen Cleaver, and Rev. Dr. James Forbes, Jr.

Gates’s scholarship focused on constitutional law and American legal history. Illness prevented him from completing his major project, a sweeping examination of race in American legal history dating back to the colonial period, but he nonetheless made important contributions. He edited and provided introductions to a monumental four-volume collection of articles on critical race theory, published by Garland in 1997, that remains an essential work in the field. His other writings include “Justice Stillborn: Lies, Lacunae, Incommensurability, and the Judicial Role” (Cardozo Law Review 1997) and “Estranged Fruit: the Reconstruction Amendments, Moral Slavery and the Re-articulation of Lesbian and Gay Identity” (Cardozo Law Review 1996). One colleague described his work as “forceful and powerful in expressing a view that is both laced with moral and legal norms and framed by history. It is imaginative and creative in its conception and implementation.”

Born in Red River, New Mexico in 1954, he attended the prestigious Cranbrook School in Bloomfield Hills, MI, where he excelled in academics and track. He went on to earn a B.A. in philosophy (1978) and a J.D. (1987) from Yale University, and, in 1986, a Certificate of Advanced Study from Nihon Kenkyu Center in Tokyo. His honors included being named a William S. Beinecke Scholar at Yale, a Japan Foundation Scholar, and a W.E.B. DuBois Fellow at Harvard University. Gates spent many years in Japan, becoming fluent in the language, and taught English there from 1979 to 1982. Later, he worked in the Tokyo offices of Milbank, Tweed, Hadley & McCloy and Nagashima & Ohno. Before joining the Cardozo faculty, he was an associate at Simpson, Thacher & Bartlett and Clearly, Gottlieb, Steen & Hamilton.

He is survived by his husband and life partner, François Côté, of Montreal.

HUGHES AND BEEBE VISIT JAPAN

After leaving Japan, Hughes visited China. He is shown here with students from Renmin University.

Justin Hughes and Barton Beebe of the Intellectual Property Law Program visited Japan in July 2005 and spoke at three events: one for students at Omiya Law School; one for business lawyers; and the last sponsored by the Tokyo Dai-Ni Bar Association, one of the two bar associations in Tokyo. The professors spoke in English and their remarks were translated.

Omiya Law School, a new school, is in the suburbs of Tokyo. Not affiliated with a university, it is sponsored by the Tokyo Dai-Ni Bar Association and financed by one of Japan’s private education corporations. The Cardozo professors participated on a panel with Prof. Hideaki Kubori, a prominent entertainment attorney in Tokyo; Prof. Kazuo Makino, a frequent visitor to Cardozo; and Mr. Iida Hiroshi, a patent lawyer for Pfizer Japan, Inc., all of whom discussed “Intellectual Property Law Studies and Practice in the United States.” Encouraging the students to ask questions, Hughes found them to be “intelligent and … forceful.”

The second stop on the trip was the Japanese Institute of International Business Law. About 40 lawyers from major Japanese corporations attended a panel where Beebe spoke on new developments in trademark law and Hughes spoke on the international debate about “geographical indications” protection. At the Dai-Ni Tokyo Bar Association, the two spoke at Cutting Edge Issues in Cyberspace Law—Implications for Japanese Law. Beebe spoke on “Trademark Law and the Internet: A Comparative Review of Google Search Legal Issues and Liability of Auction Site Operators,” while Hughes spoke on the US Supreme Court’s Grokster decision. There were about 50 lawyers and a dozen students from Omiya in attendance.

BELLAGIO CONFERENCE The Program in Security, Democracy, and the Rule of Law sponsored a conference in July 2005 that was funded by the Rockefeller Foundation and held at its Bellagio Center in Italy. Attending the three-day conference, “Terrorism, Globalism, and the Rule of Law,” were Michel Rosenfeld, the program’s director; Dean David Rudenstine; and Paul Verkuil from Cardozo. They were joined by international academics, government officials, and judges, some of whom are shown here and included Cyrille Begorre-Bret of the University of Paris X; Ali Mezrani of the University of Tunis; Jean-Godefroy Bidima of Tulane University; US Supreme Court Justice Stephen Breyer; Johana Breyer of the Dana-Farber Cancer Institute; Olivier Duthellet de Lamothe of the French Constitutional Council; David Dyzenhaus of the University of Toronto Faculty of Law; Michael Foessel of the University of Dijon; Antoine Garapon, Secretary General of the Institut des Hautes Etudes sur la Justice in Paris; Dieter Grimm of Humboldt University in Berlin; Claude Klein of Hebrew University; Attorney Krishan Mahajan of Tottenham India Law Associates; A. Sam Muller, director of The Hague Institute for the Internationalisation of Law; Fernando Reinares, director of antiterror policy in the Ministry of the Interior of Spain; Kent Roach of the University of Toronto Faculty of Law; and Andras Sajo of Central European University in Budapest.



Program Inaugurates Jewish Law and Legal Theory Workshop; Lectures and Panels Continue

Prof. Renata Salecl of the University of Ljubljana (at podium) and Elliot R. Wolfson, Abraham Lieberman Professor of Hebrew and Judaic Studies at New York University, spoke in February on “Feminist Jurisprudence, Lacan, and Kabbalah.” Salecl, a philosopher and sociologist, and Wolfson, an expert in Jewish mysticism, discussed the theoretical areas in which their work intersect. Prof. Suzanne Stone participated also.

Academics and graduate students in the fields of law or Jewish studies participated in the newly inaugurated Jewish Law & Legal Theory Workshop. Prof. Suzanne Stone, director of The Program in Jewish Law & Interdisciplinary Studies, said the workshop format was chosen because it encourages the dissemination and discussion of research, the exploration of new lines of inquiry, and the promotion of cross-disciplinary collaborations. She also indicated that it provides an opportunity to exchange sources and educate participants as to the current state of the fields of Jewish law, legal theory, and the relevant humanistic disciplines. The formats of the three workshops were similar: scholars gave papers that were then followed by a response from someone in another field.

At the first workshop, Prof. Martin Stone spoke on “Positivism as Opposed to What? Law and the Moral Concept of Right,” and Rabbi Anthony Glickman, professor of Rabbinics, Rabbi Isaac Elchanan Theological Seminary, responded. Later in the semester, Leib Moscovitz, senior lecturer, Department of Talmud, Bar-Ilan University, presented “Rabbinic Legal Thought: From Case Law to Conceptualization,” with a response by Prof. Arthur Jacobson. Then, George Fletcher, Cardozo Professor of Jurisprudence at Columbia Law School, presented “Victims and Victims: The Theological Foundations of Criminal Law,” with a response by Albert Baumgarten, professor of Jewish history at Bar-Ilan University.

JEWS & JUSTICE SERIES Prof. Ronald Dworkin delivered “Law’s Empire and the Sea of the Talmud: Ronald Dworkin on Jewish Law and Interpretation,” as part of the Jews & Justice series at the Center for Jewish History. Dworkin focused on whether the Jewish legal system more closely resembles his own perspective on law or that of legal positivism. Prof. Suzanne Stone, cocurator of the series, responded to Dworkin’s remarks. The evening was moderated by Yeshiva University Chancellor Dr. Norman Lamm.



MORE BOOK PARTIES Two receptions celebrated the publication of books by Professors Marci Hamilton and Alex Stein. Hamilton is shown here signing her book God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press) for students. Alex Stein, who published Foundations of Evidence Law (Oxford University Press), posed with students from his Evidence class and Dean Rudenstine.