5f3 Faculty Briefs 1000

Stein Joins Faculty; Two Academics Visit for the Year
Zelinsky Challenges New York Tax Law
Professional Honors
Books Papers Panels
Adjunct Professors

Stein Joins Faculty; Two Academics Visit for the Year

Prof. Stein Prof. Edward Stein, who has a three-year appointment as associate professor of law, comes to Cardozo with a distinguished background in academia. Before earning his law degree from Yale Law School, he studied philosophy at Massachusetts Institute of Technology and Williams College, where he earned a Ph.D. and B.A., respectively, receiving academic honors from all three schools. Professor Stein said that he loved teaching and studying philosophy, but in recent years he has seen his interests shift to ethics and the law. He noted, "The audience for some of my philosophical work was rather small. I wanted to bring my intellectual ability to bear on issues that make a difference in people's lives."

Professor Stein taught Family Law in the fall. He said he tries to give the class a theoretical disposition and an interdisciplinary character and asks his students to think deeply about such questions as: "What is a family in the eyes of the law? What are parents' duties? How do these questions apply to a civil union between people of the same sex?" He remarked that his students like the theoretical approach but also keep "their eyes on the bottom line." He noted many are doing internships and bring to the classroom their hands-on experiences, keeping theory in check with real world concerns. In the spring term, he will teach Sexual Orientation, Gender and the Law, as well as Evidence. He is a prolific author and has written dozens of articles and three books - the most recent is The Mismeasure of Desire: The Science, Theory and Ethics of Sexual Orientation published by Oxford University Press in 1999. He is working on several articles and has an idea percolating for a book on family law. He will begin a one-year clerkship with Judge Dolores Sloviter, Third Circuit Court of Appeals, after which he will return to Cardozo.

Prof. Beebe Like Professor Stein, Barton Beebe pursued other postgraduate studies before going to Yale University to study law. He earned a Ph.D. in English from Princeton University and a B.A. from the University of Chicago, where he won prizes for his essays in literary criticism. At Yale, he was senior editor of Yale Law Journal and articles editor of Yale Journal of Law & the Humanities. He noted that while he was studying literature, his intellectual inquiry turned to the study of law in the context of culture. Intellectual property, which is his field, was an obvious choice, he said, because of its concern with cultural property and its embracing of high and low culture.

Along with enjoying New York, the intellectual property capital of the world, he is also happy at Cardozo, where the IP faculty is open to different views and where no particular bias dominates. In addition, he said, "The students are highly motivated to study IP, because they see it all around them."

Professor Beebe, who is visiting Cardozo, has several projects in the works and is researching the consumer as concept in trademark law. He is especially enthusiastic about his plans to create with a colleague, Prof. James Boyle of Duke Law School, an intellectual property textbook to be published on a CD-ROM. "The CD will p 1000 ut the emphasis on problem sets rather than on cases. There will be a lot of hypothetical questions." Significantly, Professor Beebe intends to make the CD available at no cost. He said, "Our hope is to release it under an Ôopen source' copyright scheme. Most of the information in conventional casebooks is public domain anyway. It may be an experiment in seeing how much more influential ideas can be when they're given away for free."

Prof. Procaccia Prof. Uriel Procaccia is visiting Cardozo from The Hebrew University of Jerusalem, where he served for a number of years as dean of the Faculty of Law. No stranger to Cardozo, he first met members of the faculty in Israel during the Summer Institute, and then was invited to teach a short course here on the Economics of Property Law. This term he taught Corporate Law and Corporate Accounting.

Professor Procaccia, the author of numerous books and law review articles, has devoted many years to the task of crafting - from scratch - a brand-new corporate code for the State of Israel. It was finally adopted by the Knesset in 1999, the largest legislative project in the history of the country in the area of private and commercial law. The theoretical foundations of this project were laid down in his book Corporate Law: Policy and Reform, published in 1989. The original draft bill underwent an extensive process of review by committees of experts, government regulators, and finally the Knesset, where it was heavily lobbied by opposing factions representing industry, labor, professional associations, and regulatory agencies. "The final product," observes Professor Procaccia, "differs in some important respects from the original proposal, but happily maintains its spirit and main regulatory philosophy." He adds, "This lengthy experience was certainly a revealing lesson to me in the reality of the political process, and in what really makes legislators and other interested parties tick."

Professor Procaccia, a graduate of The Hebrew University and the University of Pennsylvania, has extensive experience in representing hundreds of publicly traded corporations, all major Israeli banks, the government of Israel, the Jewish Agency, and organized labor. He also led a sustained struggle of the Kibbutz movement against the banking industry in the largest civil dispute in Israel's legal history. His current research topics include corporate law, uniform legislation, law and economics, and law and culture.

Zelinsky Challenges New York Tax Law

Prof. Zelinsky Ed Zelinsky, who lives in Connecticut, works at home, and commutes to New York to teach, is taking on New York State tax law. In a case before the New York State Division of Tax Appeals, an administrative law judge ruled that Zelinsky owes taxes on his income in both Connecticut and New York. Calling the doctrine "technologically obsolete in an era of telecommuting," Professor Zelinsky is appealing the decision and will fight on the basis that under the Due Process and Commerce clauses of the Constitution, there should be apportionment based on where the taxpayer works. Zelinsky and his wife are requesting a tax refund from New York. New York has a "source theory" of taxation, basing its claim to tax Zelinsky's income on the fact that it came from a New York employer. Connecticut bases its income taxation on where the income is earned, and gives a credit for income tax paid for work in another state.
The case, for which Zelinsky is appearing pro se, has earned a tremendous amount of press attention, especially in the legal trade publications in New York and Connecticut.

Professional Honors
Toni Fine became a founding member and a member of the board of trustees of the Global Justice Foundation, organized to develop and provide for the ed 1000 ucation and training of public-minded business lawyers and to encourage economic development, international human rights, and democratic accountability. In November, she was a visiting professor at the University of Palermo and the University of Udine, both in Italy. Closer to home, she spoke on "The Globalization of Legal Education" at the International Law and Trade Group of the Harvard Club of NY. Her article "Dialogues Between Coordinate Branches and Stories of their Failings" was published by the NYU Review of Law and Social Change.

On January 25, the New York State Association of Criminal Defense Lawyers honored Barry Scheck and Peter Neufeld with their Hon. Thurgood Marshall Award for Outstanding Practitioner. In November, Professor Scheck made a presentation at the Judicial College, New Jersey's annual mandatory training conference for all state judges. He urged greater use of DNA evidence to prevent wrongful convictions.

Peter Tillers was named editor of the new journal Law, Probability and Risk, to be published quarterly by Oxford University Press. The first issue is scheduled for January 2002. He was also named senior research associate at Yale Law School for 2001-02. This fall, he spoke on the "Architecture of Reasoning about Factual Issues in Legal Proceedings" at the Peter Wall Institute for Advanced Studies in Vancouver.

Paul Verkuil is serving as chair of the ABA advisory board on judicial independence.

Books Papers Panels
Rabbi J. David Bleich spoke on "The Clergy Privilege and Conscientious Objection" at the Colloquium on Law and Religion, Faculty of Law, University College, London, and on "Constructive Agency in Execution of Religious Divorce" at the 11th Biennial Conference of the Jewish Law Association, held in the Netherlands. His article "The Whiskey Brouhaha" was published in Tradition.

Prof. Brickman Lester Brickman was a panelist this fall on "Current Ethical Issues in Class Actions" at the ABA National Institute. At Ethics 2000, held in New Orleans last summer, he testified at the ABA Commission on Evaluation of the Rules of Professional Conduct, just after having been a panelist at a conference on Excessive Legal Fees, held by the Hudson Institute, US Chamber of Commerce, and the Federalist Society.

Prof. Halberstam Malvina Halberstam moderated "Designation of Foreign Terrorist Organizations: The Impact on Foreign Policy, International Law and Constitutional Law," held at the New York County Lawyers Association. The panel was coorganized by Felicia Gordon '95.

Weimar: A Jurisprudence of Crisis, edited by Arthur Jacobson and Bernhard Schlink, was published by University of California Press.

Prof. Huigens Kyron Huigens spoke to the faculty of the University of Minnesota Law School and the Law Librarians of New England on the restructuring of the penalty phase of death penalty trials according to principles drawn from the theory of punishment. His article "Rethinking the Penalty Phase" was published by the Arizona State Law Journal.

Prof. Love Lela Love participated in a panel on "To War or ADR? Choosing the Right Path in Matrimonial Disputes" held this fall at the Association of the Bar of the City of NY and at a workshop on "Training Mediators for the 21st Century" held at the Society of Professionals in Dispute Resolution International Conference
Monroe Price, who is spending a year at the Institute for Advanced Study in Princeton, NJ, gave two talks there this fall: "The Newness of New Technology" and "Toward a F 672 oreign Policy of Media Structures." He also spoke on "Global Transformations in Public Service Television" at a conference at New York University. His book Television, The Public Sphere and National Identity, published in Hungarian in 1998, was published in Russian this year by Moscow State University Press. His Programme in Comparative Media Law and Policy was named UNESCO Chair in Communications Policy in the United Kingdom.

Edward Stein's book The Mismeasure of Desire: The Science, Theory, and Ethics of Sexual Orientation was the subject of a "special session" of the American Philosophical Association's Eastern Division Conference held in New York. Professor Stein responded to the panelists' comments.

Richard Weisberg has been involved in recent negotiations in Washington, DC, to resolve claims by victims of the Holocaust in Vichy, France, against various French banking and insurance organizations. Partisan Review recently called his book, Vichy Law and the Holocaust in France, a leading work about the period. He was an invited guest at the Emory University Law and Religion Program's symposium on Holocaust denial and the victory of Deborah Lipstadt in the libel case against her in the United Kingdom.

Adjunct Professors
Yassin El-Ayouty '94 edited with Kevin J. Ford and Mark Davies Government Ethics and Law Enforcement: Toward Global Guidelines, which was published this summer by Praeger. The book has a prologue by NYC Mayor Rudolph Giuliani. Professor El-Ayouty directs Cardozo's International Law Practicum. 0